CORRESPONDENCE
;:
x. LEGAL
C.3
cc: Plan
Dev
Fin
Kilday & A88OC....
Landscape Architectsl Pllln ers
1551 Forum Place
Suite 100A
West Palm Beach, Florida 1
/4071 689-5622 · Fax: /4071 -2592
January 24, 1995
Ms. Tambri Heyden, PI nning Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Bea h Blvd.
Boynton Beach, FL 3 25
Re: Impact Fee Cre its for the Construction of Knuth Road
Our Project No. 799.16
Dear Ms. Heyden,
As you are aware, my !ient, Mr. Bill Winchester, is responsible for the construction of
Knuth Road as part 0 the ConditIons of Approval for the two Planned Commercial
Developments and on Planned Unit Development which are currently being considered
for Time ExtensIons. Since the projects have been approved, there has been an
assumptIon that the co ts incurred with regard to the construction of this road would be
credited against Palm Beach County Traffic Impact Fees. Because Knuth Road is a
, ~ collector road designat on the City's Comprehensive Plan, the value of the construction
of Knuth Road is more resident serving than project serving.
In reviewing our files, it appears that the issue of impact fee credit has never been finally
coordinated with Palm each County. I am attaching a letter written by Mr. Chris Cutro
on May 28, 1992 to M . Haney Frakes. It is my understanding that our County staff is
prepared to recomme approval of the impact fee credits, but a resolution requesting
such credits needs to e adopted by the City Council. Attached you will find a draft
resolution which was repared by my office to assist Mr. Cutro at the time he was
pursuing this matter. s you are aware, Mr, Cutro left the City without this matter being
finally resolved. As fa as I know, this resolution has not been reviewed by your City
Attorney or presented the City Council for their approval. At this time, assuming that
the City Council appro es the extensions for these projects, it seems appropriate to also
resolve this issue. By getting this issue resolved now, there should be no additional
delays in moving these projects forward within the time period allowed by the extension,
If I can be of any assis ance in this matter, please do not hesitate to contact me.
Sincerely,
Kieran J. Kilday
Kilday & Associates, I
ffi m ,~II ~ ~ ,W ~ ~
PLANNING AND
ZONING DEPT.
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May 28, 1992
Kaney Frakes
ASS1.tan~ county Bnq1neer
palm 8each county Bnq1neer1nq & Public Work.
160 S. AUstra11an Avenue, Airport Hilton Centre
wast pala a..ch, iL 33407
RS: Q~.4it for Roa4 eonstruct1on in Lieu of Payment of Im~aet
Fees for Knuth Road (Link between Woolbright Road and
Bounton Beach Boulevard)
Dear Hr. J'rakes:
Pursuant to Sectlon 22-25 Exempeion and credits section of ~he
PAI~ S~I CONTRI3UTION FOR ROAD IMPROVEMENTS ORDINANCE, I am
writ1nq ~o elarifv that Knuth ~oad, a major collector shown on
the City'. Thorouqhfare Protection Map will be ent1tled to
r.c.tv. the cred1t for Imp.e~ Fee. provided ~or in the Or~1nance.
Att.~he4 you will find a copy ot the a~opted Tbo.oughtare Plan
Map for ~he C1ey ot Boynton ~.~ch. Knuth Road 18 shown on tnls
map ~s a col1.et~r f~c11ity t.om Wool~r19nt Road northerlY to the
Boynton eeach Hall. Ad~1t1ona~lY, ~otn tbe Clty and the county
approved new al1qnments for ~he nor~~ end of Knuth Road several
years ago to allow for better utilization of this road as an
alt~rnat1ve north/south collector serving the Mall. (The new
a~1Qnmen~ prov1de~ for the north terminus of Knuth Road to ali~
d~rectly with the westerly entrance to the Hall.) The road has
always been env1sioned as an alternative to Conqress Avenue which
is at this time the only north/south arter1al in the area.
Currently, a portion of Knuth Road is constructed 80uth of
!oynton Se.ach Boulevard. In the ~aat, because Woolbright Road
did not ex1st between congress Avenue and Military Trail, ~h.
rem~1nin; construction of this link was not a priority. Mowever,
now with Woolbri~h~ Road o~en and oparatinq w1th .1gn1ficant
tnsff1~ I the construction of Knuth 5load would cl.arly be
desirable and warranted.
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MOY 28, 1992
currently, there re two projects which have received approval
from the City wh1 h in addition to h~v1ng !rontai8S on either
Woclbr1;ht ~o~d 0 Boynton Beach Boulevard, also have frontloe.
on Knuth Road. A part of the development approval process, the
city w1shes to ha e either one or both of these projects complete
the m1.s1n~ l1nk t Knuth Road. Th. developer. ot th... parc.l.
I have requ'lt.~ 01 rlfication as to whether impact fee ered1t can
r"'} I t2e obtain.do !or '~ e. conltructS-on of t(nu'~h Road. ld11eh 1. net
/ directl rR. th, -- d of the ro met purauant to Seetlon
\ \ 22- of ~h. ~ad Impact F.. ordinane.. la.ad upon my raadinq of
/" the Qrdinance and thu dlilfiuit10n of "a Ilajor road. network
~' systam", I }:)e11ev ':nat Knuth Roa~ should qualify a8 the major
~ '.,:J collector road wh eh i. envi~ion.d 1ft this ordinance.
~h~~' Additionally, b.e us. Knuth Road will provide ~he f1rst _.8t.~ly
~ Id JI noreb/scuth alter a~1ve to Conqress Avenue, it should provide
~oP~'~1J relief and theref re additional capacity for Conqre.. Avenue ..
v.~t: l) _11.
" ,~'i,dJr I would apprec1at your relponse to thi. letter. Needle.. 1;0
~t '~U' say, we expect tb t we woul~ need t,o meet all of the requirements
J/ of ~he ord1nance 1th respect to proce~ures, cost e.timates, and
I'~ v~ ,cope of cQn.t.uc ion act1v1ty. Thank you !or your
~ con.:Lc1erat1oll.
Sinoerely,
~~
Chri.topher Cutro, AICP
Plannino and Zoning Director
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RESOLUTION NO. R95-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING
A REQUEST BY KILDAY & ASSOCIATES, INC., TO PALM
BEACH COUNTY FOR ROADITRAFFIC IMPACT FEE
CREDITS FOR THE CONSTRUCTION OF KNUTH ROAD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Comprehe~sive Plan, Ordinance 89-38,
identifies Knuth Road as @ollactor; and
WHEREAS, the City of Boynton Beach has obtained and protected the right-of-
way for Knuth Road as part of its adopted Thoroughfare Plan; and
WHEREAS, Knuth Road provides a critical north/south alternative to Congress
Avenue between Woolbright Road and Old Boynton Road; and
WHEREAS, the City of Boynton Beach has approved Knuth Road PCD
(Ordinance 090-70) and Tara Oaks PUD (Ordinance 090-75) and subsequently
granted time extensions as amended, which boten Knuth Road; and
WHEREAS, the City of Boynton Beach has required petitioners of Knuth Road
PCD and Tara Oaks PCD to construct the missing link of Knuth Road between Boynton
Beach Boulevard and Woolbright Road; and
WHEREAS, the construction of Knuth Road is considered part of completion of
-th9 major road network of the City of Boynton Beach; and
WHEREAS, the citizens of Boynton Beach and unincorporated Palm Beach
County will benefit from the completed link of Knuth Road between Woolbright Road
and Old Boynton Road; and
WHEREAS, Article 10.1 X.1.g. of the Palm Beach County Unified Land
Development Code provides impact fee credits where construction of a portion of a
major road network is proposed; and
~ ~1 / WHEREAS, tha City of Boynton Beach has determined that the construction of
~ --<\. Knuth Road meets the standards for credit of road impact fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
does support the request by Kilday & Associates, Inc., to Palm Beach County for
road/traffic impact f e credits for the construction of Knuth Road&
Section 2. This R solution shall become effective immediately upon passage.
ATTEST:
ADOPTED this
day of June, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
City Clerk
KnuthRd"Res
I~F...612195
VIII. DEVELOPMENT PLANS
B
cc: Dev, Plan, Util
PLANNING AND ZONING DBPAR'l
MEMORANDUM NO. 95-103
TO:
Agenda Memorandum for
21, 1995 City Commission Meeting
FROM:
Tambr i J. Heyden I/J
P1anni g and Zoning Director
CNTE 94-004 & MPTE 94-002
- master plan and concurrency exemption
DATE:
March
SUBJECT: Knuth
Time E
Please place the above-referenced request on the March 21, 1995
Ci ty Commission a enda under Development Plans, Non-consent agenda.
DESCRIPTION: is is a request for approval of an eighteen (18)
month retroacti e and an indefinite time extension for
zoning/master pl approval and concurrency exemption, submitted by
Kieran Kilday, a ent for Bill Winchester, property owner for the
Knuth Road PCD, located at the southwest corner of Knuth Road
extended and Bo ton Beach Boulevard. The applicant is also
requesting that service station be allowed to be constructed
wi thin the PCD, s this use would no longer be allowed at this
location under th current regulations, but would ,have been allowed
under the regula ions in effect at the time of the master plan
approval. In ad ition, the applicant is requesting approval of a
phasing plan to tilize all or part of the 6,722 combined, total
trips per day tha this PCD and the Boynton Beach Boulevard PCD are
allowed prior to widening of Gateway Boulevard. The expired
master plan depic s a one hundred twenty thousand (120,000) square
foot shopping ce ter, which includes two outbuildings.
RECOMMENDATION: The Planning and Development Board, with a 6-1
vote, recommend denial of this request. In addition, The Board
recommended that the City Commission direct staff to change the
land use and zo ing of the property to the original, or a more
restrictive, cat gory.
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KNUTH ROAD PCD
TIM! EXTENSION
APPENDIX A-ZONING
See. .
10. ConditiolU C1 stipul4tioru. In recommending zoning of
land to the D cl&88ification, the planning and zooiZli
board may mmend and the city council may attach
suitable condi ona, safeguards, and stipulations. in accord
with stan set out in these zoning regulations and in
this eectioD. e conditions, safeguards and stipulations
10 made at th time of zoning to PeD .hall be binding
upon the appli t or his 8ucceuon in interest. DeviatioD.l
from the appro ed master plan except in the lD&IlDer herein
..t out or Cail to comply with any requirement, condi-
tion, or safe &rd, shall constitute a violation 0( the..
zoning regula ona. It is intended that no conditiona. saCe-
guarda or stip latiQna be required which are oot within
the standards set out in these zoning regulations and in
this eec:tion d that conditions, safeguards, and stipula.
tions be clearl related to the ends and objectives of these
zoning regula ona and this aec:tioD.
11. Time limit. approval of the zoning to peD by the city
commission s be in effect for eighteen (18l months from
the effective te of the approval of the ordinance to re-
zone. Failure record a plat or record ror the flrlt pbase of
the developm nt or for the total development as the case
may be withi the aforementioned eighteen (18l months
shall result' the approval of rezoning being subject to
review by the 'ty conuniuion. The city commisaion shall
direct atatr to mit to the city commilaion an application
which will d zone the property to the original or appro-
priate 10nin, . met. Followin, such direction by the city
commission, n new development permits a1rectingthe p~
erty shall be' ued by the city until a rmal determination
is made by th city commission rollowing notice and public
hearing. Upo written request by the applicant prior to the
expiration of e PCD classification the City Co11'miDion
may extend Ci one (1) additional year, the period for com.
mencing plat g procedures. In gTaDting such extensions,
the city co .. on may impose additional conditions to
insure compl ion of the platting process and conform the
project to nt development standards, and to protect
the health, ety and welfare of adjacent developments.
Supp. No. 41
1924.13
PLANNING AND ZONING DBPARTMENT
MEMORANDUM NO. 95-085
THRU:
airman and Members
anning and cevelopment Board
mbr( J. Heyden ~ J.
Panning and Zoning Director
M'chael E. Haag~.~
Z ning and Site ~elopment Administrator
M rch 9, 1995
TO:
FROM:
DATE:
SUBJECT:
K uth Road pce - File No. CNTE 94-004 ~ MPTE 94-002
T'me Extension (Amendment to Planning and Zoning
o partment Memorandum 95-038)
At the request 0 the applicant, Kieran Kilday, the Planning and
Development Boa d at their February 14, 1995 meeting postponed
action on the re uest for a time extension for zoning/master plan
approval and c ncurrency exemption for the above-referenced
project. The a licant requested postponement due to incomplete
traffic informat'on and related unresolved issues.
This memorandum erves to address these issues that could not be
addressed in t e original staff report, Planning and Zoning
Department Memo andum No. 95-038. Based on recent Commiss ion
sentiment regar ing approving multiple and retroactive time
extension reques s, staff has required, pursuant to the concurrency
management ordin nce, traffic information to be submitted with such
requests. The p rpose of the traffic information is to identify
any repercussion associated with approving a time extension with
an exemption fr m current traffic requirements; the difference
between traffic mprovements that were required at the time of the
original develop ent order vs. improvements that would be required
today. For exam Ie, the original traffic study did not include all
roadway links r viewed under the existing Traffic Performance
Standards Ordina ceo
As indicated in the original staff report, there was a ccncern
l-egarding the raffic level of service of Gateway Boulevard,
between Congres Avenue and Military Trail, currently over
capacity. The T affic Division of Palm Beach county has reviewed
the updated traf ic data supplied by the applicant's engineer for
this Gateway Bo levard roadway link. It was determined that the
current Traffic Performance standards (TPS) would restrict
construction of he PCD's 120,000 square feet of general retail to
75,700 square f et of general retail (3,361. daily trips) until
Gateway Boulevard is widened to six lanes, scheduled for fiscal
ye~r 96/97. Th updated traffic analysis reviewed by the County
lncluded two (2) outparcels; a 4,500 square foot bank with drive-
through and a 2,000 square foot serVlce station with convenience
store and car w sh, generating a total of 6,221 net daily trl~S
(find attached xhibit "Mil - letter from Mr. Dan weisberg, P3.1m
Beach county - raffie Division, dated March 7, 1995).
It is staff's r commendation that the square footage restrlctlcn
ljentified 1n th fourth paragraph of the March 7, 1995 letter f~Jm
Mr. W~isberg b added to staff's original recommendation cf
~pproval. This -ecommendation includes a re-evaluat1on at tlme of
slte plan reVle of the tr1pS ger.erated for any of the proposed
)utpa~cels, 5: ce cutparce13 ~re usually accupiej by hlgh trafflC
;-=~1.:r3.tJrs. 3uci as fast, food drlve-t~rough resta'.lr~nts, ::,e
3::rla:--= :::;tage llcwed tJ be constructed prlor to the wijen1ng :f
Glt~W1'l Eouleva_d m3.Y have to te furcter llmlted.
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Page 2
Knuth Road PCD
Memorandum No. 95-085
The applicant is requesting an agreement be made with the City that
;...[culd allow eJ.ther the subject project or the Boynton Beach
Boulevard PCD (which has the same square footage restriction) to
utilize all or part of the total trips (6,722) that the projects
would be allowed before the widening of Gateway Boulevard (see
attached Exhibit "BB" - March 6, 1995 letter from Kieran Kilday).
At this time, staff does not have a recommendation on this issue
until the County can respond on this issue.
An additional issue identified in the letter from Hr. Kilday is the
applicant I s wish to retain master plan approval of the service
3tation which was approved by the City Commission on June 2, 1992
for the subject project. The location of the service station is
shown on Exhibit "C" of the or1ginal report. Also, as indicated in
the original report, on June 2, 1992 the City Commission approved
a preliminary plat and s1te plan for the construction of the
convenience store/gas station/car wash which expired on June 2,
1993. The gas station approval was granted under the previous
service station regulations and the property does not meet the
current service station criteria. Therefore, the 1992 master plan
modification is no longer valid. staff's position on this issue is
that resurrecting this expired approval of a use which is no longer
permitted on this property would constitute a grant of special
privilege to the property owner. staff questions the relevancy of
the economic slow-down justification to service station uses which
usually are least impacted by this type of economic stagnation.
Also, there is concern that since development of one of the PCD's
outparcels vests the PCD, the city may end up with only a service
station on the property for a long period of time.
MEH:dim
Attachments
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f.~1\1.B1.'t AA
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-
Ba.ud \)f CoulIty Commissioners
Kiln L Fostu, Chail'm;ln .,
. Burt Aaronson. Vice Chairman
Karen r. Mftl'~lIt'
Cl1rol A, Robert'
WlllTC1\ H. N~wcU
Mtu'), M.:Cnrtv
\t~1.;.t.ie r-"rd Lc-:
-
County Adm1nlstr.1ttJ
Robert WeismC1n
Department of Engintel
and Public Workt
Mar'ch 7, 1S95
Mr. Mike Haag
Clty ~f Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton 6eac~, FL 33425-0310
RE: BOYNTON .tACH BOULEVARD '.C.D~
KNUTH ROAD P.C.D.
TARA OAlS P.U.D.
Dear ftlr. Hug:
ihe Pilll Bea.:h County Traff1c 01v1S1on has traff1c reviewed the three traffic:
analyses prepared by Simmons l Wh1tl for these three proposed developments. The
three stud;es are updates to the K. S. Rogers traffic stud1es prepared in 1990.
fhay use the trip generation and trif distributiQn from tne K. S. Rogers studies
and update the ex1st1ng traff1c vo umes (1994) and the future traffic (1997)
volumes. Thlse traffic studtes do not address traff1c on &ateway Boulevard for
the t"o P.C.D.st as wl'Juld be required by the exist1ng Traffic Performance
Standards (TPS). A letter received yesterday from Simmons' Wh1te prOV1des some
of the requested additional Information for Gateway Boulevard.
Bo~nton Beach Boulevard P.C.D~
The upd.l,d Lr.rric study addresses 120,000 square feet or genera' retatl. The
traffi: studY states that the it address 110,375 squarl r.et of general reta11
and outparcels consistIng of a 5t625 square foot bank w1th drive-through and a
4.000 square foot high-turnover restaurant. The outparcels art hign traffiC
generators and the traffic study does not properly address the outparcel uses.
The 120.000 sQuare feet of retail will generate 4,818 net daily tr1ps with a
build..cut of 1997. The study shows that the project wtl1 ...t the requ;rements
af IPS on all roadways except Gateway Boulevard. Gateway Boulevard restr1cts the
d.vllopment to 75.700 sQuare feet of general retail (3,361 daily trips) until it
is wid~n.d to six-lanes in FY 96/97.
Ynuth Road p_~ D.
Th. updated traffic study addresses a 120,000 square foot shopping center which
i~c'udQS 110,375 square feet of general retail and outparclls consIsting a 4,500
'q~ara fo~t bank with drive-throuQft and service stat1cn with a 2,000 square foot
convonlanc. store and a elr wash. The project wtll generate 6,221 net daily
trips with a build-out of 1991. The study shows that the project will meet the
requirements of TPS on all roadwa1s except Gateway Boulevard. Gateway Boulevard
"An Equ:l1 Opp.rhm'l} . Amrm~rh'~ Actilln r-:nlpld,:l1r"
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no~ 21219 West (':aIm Beach, Florida 33-116. Ul9 (411'1 6M-40CX1
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March 1, 1995
Mr. Hik. Hug
BOYNTON BEACH SOU fYARO P.C.O.
KNUTH ROAD P.C.O.
TARA OAKS P.U.D.
page two
restr1cts the -dev lopment to 75,700 square feet of general reta1l (3,3el dilly
trIps) unt11 tt t w1dened to s1x-lanes 1n FY ge/97.
Tara Oaks P.U.D....
The updated traff c study d1scusses a proJect conststtng of 19Z mult1-family
dwal11ng units an a 20,000 square foot church. Iftls project would generate
1,498 da11y tr1ps The study mentions an un1dentified previous petttton whtch
accounts for 710 r tne projects da11y tr1ps. L1ke thl K. S. Rogers study, the
updated stUdy does not address these tr1ps. Rather,;t addresses 728 da1ly trips
from an undef1ned project. The updated'study ShOWS that th1s undefined project
meets TPS on all oadways, based on a build-out Qf 1997.
In your letter d ted January 20, 1995, youP requested verificat10n that the
road~ay 1~prove.e ts listed in the Simmons I Whit. reports art still applicable.
There is no info at10n 1n these reports thit allows me to verify the need for
those roadway imp ov&ments.
I a~ sorry for the delay in res~ond1ng to your request. The form of the updated
traffic studies a d missing information did not allow I timely review. If you
h~ve any quest10n regarding this d.ter.ination, please contact me at 684-4030.
Sincereb,
OFFICE OF THE CO
S--~
Engineer
ce. Fob Renn.ba . P.E.. Simmons & White
File: TPS - Mun. . Traffic Study Review
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MI. Tlmblt H en. Planning Director
City of BoyntG BMCh Planning & ZOrina OtpMl'n.nt
100 e... BoV n BMah Blvd.
Bayman ,Fl a3d8
Re:
P.C.D. 'and Boynton Beech P.C.D. TIm. Extlnllo,.
No,: 799,18
0.... MI. H
Thank you for eeIInO with SII Winch.... and myself IMt WMk to dl~ &Ie the
Tim. &xteneJo tor BoyntOn a.ch P.C.D. and Knuth Road P.C.D. _ of thll
da_, I am ..1 ng for vw1fIcatlOn frOm .... County Eng~ IhaI phUng for
-=t1 of d1e . projecll would only occur after .. atpI gInntICI by eacn
ProllCt .xc S.S81 tripe p. day, nil rvnber II the runb.. that MI
C8Iculated by l.I'trIfIe tnQIntIr. Mr. Robert Aennaum. In ...tonlng 1M 1%
that II dowed ta utilize ~ Boulevard and ~rklna the tI1pI backwaJds to
the .It. baNd the ...IQM1en.. contained In N ort... traffto ltudy.
Aa you .. , Mr. WInCIl._1I concerned .. tnII proJect II being requIreCI
to meet phIIing requlrwntntl YAWl".. we manv otIW' pro)lcta
In the Qty of s.ch which havII'8C8IV" 8It1l'lllonl without any phMlnQ
requirement. or thM ttIIOn, wt .,. reqUMtlng 1ft IgrMment wIIh the CItV that
either pro)tcl IIIoMd to utlNze .. or pwt of the 0,722 taI8I b1pa bt the
Pf'OIeO'I be .I~ betH'8 1M NqUremenI of pe.lng. In otrw WOrdl,
..nee tICh would be permltl.t to g.... 3,381 tltpa It maac. ..,.. that
we be IIowtd 10 IIIIgn lither III or pitt 0' the trtp. ttJ ane project u It I. likely
M one pta wll ~ MeAd qUck.. thM the other project.
One I-.. whId1 ~ dlecuaecl . oW' m..ung wnIch we would lICe to
haVe rllOlVecI tn. Um. of the con.1d1l'dOn of the extenIIOn requelt II the fact
that the Kn"-" o-.t P .0.0. hu an approvll on 11'1 Malter Plan IncIudlna . MMca
station. While w. .... av.we that the '1N1et ItItton crttlr1a which WIt adopted
after thl. app at would not atlow tnl. UH It tIllI comer, our ability to proceed
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Page a
UII'tg our apptOVed miltit' plan Ie very Important. In II' probability. baHCI on
10m. vetY recent dllOuNlona wtth u... of the Knuth Road P.C.C., ww bell..
tt'at the service 8tatlcn UM will in fact M the firM pnu. of the develcpment of ttU
oent... Additionally, with the cona1ructlon of the aervlce ItatIon. n hope to be
In a pelltlon \0 construct Knuth ACMId from its curNr)t tlrmlnua and Ie lOutheIty
to the canal croalng. (T.ra 0IkI P.U.D. will ccndnue1hll connucttorllOUI1Ifty
to WooIbr1aht Road.)
At thl. tme, M .-cpect the petition to be ~ by the Planning Ccrnmlulon on
Mm'ah 14, 1881. I wll make m~'" av.lebI. .& any time .tIouId you wIeh to
dl8cuaa v.. mauera fl.I1h.. I will continue to .eIk wr1hn oor6matIon from the
CO\.lmy !nglneer tnIt "1 phlllng requuwnent l'tfIr'enCed In _ I.. II In tICC
oonot.
co: MIce Sohroed.
BYI Wlnaheeter
,-'
_J
TO:
Chai
Plann
PLANNING AND ZONING DBPARTMBNT
MBMORANDUM NO. 95-038
and Members
and Development Board
THRU: Tambri J. Heyden
plann ng and Zoning Director
FROM: 1 E. Haag
and Site Development Administrator
DATI: ry 9, 1995
SUBJBCT: Knuth Road PCD - File No. CNTE 94-004 & MPTE 95-002
Time Extension (Master plan approval and concurrency
exemp ion)
NATURE OF REOUEST
Kieran Kilday Kilday & Associates, agent for Bill Winchester,
property owner is requesting an indefinite time extension for
Planned Commer ial Development (PCD) zoning/master plan approval
and concurrency exemption for the Knuth Road PCD (see Exhibit "All -
letter of requ st). The master plan consists of 120,000 square
feet of retail, which includes two'outparcels; a 5,400 square foot
bank and a 6,06 square foot restaurant (see Exhibit liB" - original
master plan). he PCD is to be located at the southwest corner of
Knuth Road and oynton Beach Boulevard.
BACKGROUND
On December 18 1990, the City Commission approved an ordinance
annexing the s ject property. After review by the Department of
Community of ffairs (DCA) and despite objections, they also
approved ordin ces for a land use element amendment that changed
the Commercial (Pal. Beach county) classification of the property
to the City'S ocal Retail Commercial classification and rezoning
of the proper y froll AR, Agricultural Residential (Palm Beach
county) to PC, with a specific master plan. The adopted
comprehensive p an amendment was transmitted to DCA on December 19,
1990, along wit responses to DCA's objections. In February 1991,
the DCA issued a notice of intent to find the comprehensive plan
amendment in c mpliance.
These applicat ons were sub.itted prior to the effective date of
Palm Beach Coun y's traffic performance standards ordinance and of
the City's oncurrency management ordinance. Therefore,
concurrency ex ption for traffic and drainage was granted with the
1990 approval.
On June 16, 19 2, the City Commission granted a one (1) year time
extension that xtended the project's June 18, 1992 expiration date
to June 17, 19 3. No application for extensions was made since
the June 1993 xpiration, until the subject extension which was
filed in Novem er 1994; a period of one year and five months. This
is the need fo a retroactive extension.
On June 2 , 1
modification
outparcel rest
station/car wa
5,400 square f
remained at 1
drawing) .
the Ci ty commission approved a master plan
hich included replacing the 6,068 square foot
urant with a 2,512 square foot convenience store/gas
h and decreasing the size of the bank outparcel from
et to 4,500 square feet. The total square footage
0,000 (see Exhibit C - master plan modi fica t ion
Also, on June , 1992, the City Commission approved a preliminary
plat and sit plan for the construction of the convenience
store/gas sta ion/car wash on a 1.01 acre site located in the
northeast corn r of the peD. The site plan and preliminary plat
/
~
....,
page 2
planning and Development Board
Memo No. 95-038
Time Extension for
Knuth Road PCD
February 9, 1995
approvals expired on June 2, 1993. The gas station approval was
granted under the previous service station regulations. The
property does not meet the new service station criteria, therefore
this aspect of the 1992 master plan modification is no longer
valid.
On April 8, 1993, the City Commission approved a master plan
modification for the Tara Oaks PUD to amend the condition of
approval which required the construction of Knuth Road to be tied
entirely to the Tara Oaks PUD. The approval of the master plan
modification allowed the construction responsibility for Knuth Road
to be shared by the Knuth Road PCD.
ANALYSIS
Several sections of the code of ordinances govern these types of
extensions. Regarding expiration of the concurrency exemption for
the project, Section 19-92 <e) of Chapter 19, Article VI of the
Code of Ordinances states that such requests for time extensions
"may be filed not later than 60 days after the expiration of said
certificate or exemption". It furthers states that "time
extensions may be granted for any length of time which does not
exceed one year". Historically, retroactive extensions combined
with a "current" extension that equate to more than one year, have
been granted under certain circumstances.
Regarding the projects's previous exemption to the current drainage
and traffic levels of service, the project meets the current
drainage require.ents. A traffic study was submitted in an attempt
to deter.ine whether the project, subject to the original traffic
conditions, would meet current traffic requirements. The current
standards for traffic studies would require evaluation of roadways
not evaluated in the original study. The study submitted was not
complete in that it did not evaluate the additional roadways that
would be affected. The Palm Beach County traffic division is
coordinating the receipt of this additional information and
indicated that they would try to have a response to the City by the
Planning and Development Board meeting. However, they did indicate
that if the time extension were not granted and the project was
required to meet current standards, Gateway Boulevard, between
Congress Avenue and Military Trail, would be negatively impacted.
Since, this road link is not scheduled for' improvement by Palm
Beach County until fiscal year 1996/1997, a development order could
not be issued for the project' earlier than this, unless the
developer made the improvements.to the road, for which he could
receive road impact fee credit. The only option available would be
to phase development of the shopping center.
The other section applicable to this request is Section 9.C.13 of
Appendix A - Zoning, wherein it states that the City Commission
shall review any rezoning approval to a planned zoning district
(PUO, PIO or PCD) that has expired and take action in accordance
with paragraphs a. and b. below:
"a. The city commission may extend the zoning of the property
for a period of one (1) year or more, or may extend the
zoning of the property indefinitely. If development of
the property in the manner speCified above does not occur
by the end of said time extension, the city commission
may grant additional time extensions or may take action
in accordance with paragraph b. below:
2-
paqe 3
planninq ~nd 0 velopment Board
Memo No. 95-03
Time Extension Knuth Road peD
February 9, 19
b. The ity commission may instruct the city manaqer to file
an a plication to a more restrictive zoninq district
and/ r future land use cateqory. The zon1nq of the
prop rty shall be considered to.be extended until final
adop ion of the more restrictive zoning district and/or
futu e land use map use category."
Consistent wit Section 9.C.13 of Appendix A - Zoning, the Planning
and Zoning Dep rtment is forwarding the request for review and
direction rega ing the status of the approval. If the approval 1s
not retroactiv ly extended, the City Commission may wish to
instruct staff to file a rezoning and/or land use amendment
application to more restrictive zoning category. If the approval
is retroactive y extended, the City Commission should specify
whether the ap roval is extended indefinitely or for a set period
of time.
One of the ori inal DCA objections with the change in land use on
a portion of th property from residential to commercial was based
on staff's det rmination that there was an excess of commercial
land at build- ut, therefore the City should not further change
land use to co mercial categories. staff's determination was a
result of the dscussion of Supply and Demand of Commercial Land in
the Comprehens e Plan Future Land Use Element Support Documents.
This analysis i five years old and the City is required to submit
its EAR (Evalua ion and Appraisal Report) of the comprehensive plan
by August of ne t year. As part of the EAR, staff will reevaluate
the appropriate ess of the land use of the property, if development
has not commenc d.
The applicant tate. that the time extension is warranted because
various improv ..nts were made to initiate project construction.
As part of the construction of Knuth Road, the Knuth Road culvert
crossing over e L.W.D.D. L-26 Canal is in place, however it has
not been verif ed to the Engineering Division that the work was
certified. A clearing and grubbing permit for the Knuth Road
right-of-way wa issued on March 24, 1993 and an excavation permit
was final ins ected on January 21, 1994. It has not been
determined whe her a clearing and grubbing permit was final
inspected.
RECOMMENDATION
For the above easons, on January 10, 1995 and January 24, 1995,
the Technical R view Committee reviewed the request and recommended
that a time ext nsion be granted, subject to all previous comments
and conditions f rezoning and master plan ~odification approval.
However, rather than granting an extension for an indefinite period
of time, staff is recommending that the extension expire on June
18, 1996. The extension, if approved as recommended by staff,
would equate t a retroactive extension from June 18, 1993 to
February 21, 1 95 (one year and nine months) and an additional
extension from February 21, 1995 to June 18, 1996 (one year and
four months).
As a point of i formation, at the January 24th TRC meeting, it was
not known that there was a traffic level of service problem with
Gateway Boulev rd, between Congress Avenue and Military Trail.
Therefore, th TRC's recommendation does not include a
recommendation 0 the Planning and Development Board and Commission
as to whether he approval of this time extension should also be
contingent upon compliance with current traffic levels of service.
MEH:dim
attachments
xc: Central F'le
..~n"tll'rl. .at
3
.."",
..""
E~1'l!.B1.'t A
....
A
KI....' It Auc.
L.nd~pe Arc ~n.,.
1M1 Forum PIa
Suit. 10GA .
West Patin 8. ~ 33401
(4071881-5l5L . 4071689-2592
November 23, 1994
Ms. Tambri Heyden, 01 ector
City of Boynton Beach lanning & Zoning Department
100 East Boynton EGdC Blvd.
Boynton Beach, FL 25
RE: Request for Time Extensions
PROJECTS: Tara Oaks P.U.O. (Ordinance 90-75)
Knuth P.C. . (Ordinance 90-70)
Boynton B h Boulevard P.C.D. (Ordinance 90-73)
Deer Ms. Heyden,
-:
This letter will serve as formal request to have the City Commission of Boynton Beach
review the status of the ve three (3) Planned Oevelopm.. and to grant further time
extensions for their com encement of development I have reviewed your Zoning Code
in an effort to det811llne proper procedure for extending these project approvals. It
appears that the only ess available at this time Is contained In SectIon 9, Article 13,
Time . I tic r f Pro . In fact. this section was the basis for a
similar review of the 1 Professional Center PCO (1ocated at the southeast comer
of Knuth Road and Old ynton Road). In that case, the Commission, after detennining
that the existing Plan Commercial Development zoning was the most appropriate
zoning for the property, ranted an Indefinite time extension. I have attached the staff
report and time extensio
All three (3) of the e referenced ptanned Developments were approved on
December 18, 1990. that time, while ttwe has b.... some activity concerning
each of the projectS, th has not been formal ftnal development plan approval and/or
construction. The ollgl eighteen (18) month time limit of the approvals would have
expired on JW1818, 1 However. on June 18, 1992, the City Commission approved
our request to edend expiration dates of the three (3) planned developments for one
(1) year until Jtnt 17, 1 (S88 attached letter from Chris Cutro dated June 29. 1992).
No action or review has taken place since that time. Due to the down swing in the
economy, the prop owners have been unable to successfully commence
devetopment which, in Is case, Is recording of a plat of record for the first phase of
development. However, the property owners have worked continuously on aU three
projects since the last e ension in an effort to commence development
rn NU'!2; W ~
tt;
~
...,
"WI
Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiration of the time extension on June 18, 1993, the properties have been
in a sort of limbo. If you recall, the two commercial properties were annexed Into the
City of Boynton Beach at the same time that they were rezoned. Therefore, the Ptanned
Commercial Devefopment Zoning Dlstrtct Ie the only zoning district that has flYet been
assigned to them within the City of Boynton Beach. WI.th regard to the Tara Oake
property, the project was already an existing Planned Unit Development when It was
modified to Its current master plan status. Therefore, _umlng that the Planned
Development approvals have expired for all three projects, I have no Ides what the actual
underlying zoning would be. I befleve that Is why the provisions of Section 9, Article 13
were provided in the Code. As in the case of the Capitol Professional Center PCD, the
projects clearly need to be revisited by the City Commission to determine whether the
existing zoning is the most appropriate zoning and, assuming that It i., formal action
should be taken regarding the extEJl'lSk)n of these approvals.
Needless to say, my clients are actively seeking extensions of these approvals. Despite
the economic problems which prevented these projects from moving to the next step 111"
the development process, there has been activities undertaken throughout the entire
timeframe of the approvals to reedy these projects for development For the purpose of
your analysis regarding the status of these projects, I have prepared a summary of
activities for each project below. Additionally, I will be calling yot.I' office to set up a
meeting to review these projects with you and I will be prepared to be present at the time
of their consideration by the City Commission. At this time, I am not aware of any formal
application procedure. Howev.., if there Is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Oe.lopment. ThIs project received a rezoning
approval from P.U.D. - Planned Unit Development with a land use intensity of 4,0
to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This
project also received a land use amendment approval from Low Density
Residential to Medium Density Residential. Both of these ordinances were passed
on final reading by the City Commission on December 18, 1990.
As part of the rezoning and land use approval, the applicant entered Into an
agreem81t with the Stonehaven Homeo~s AssocIation which requJred the
applicant to commit to numerous conditions of approval Including providing a
buffer wall on the project's north property line along with a twenty-flve foot wide
landscape buffer and a 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. (copy attached.) This agreement Is stili active and binding.
Since the approval of the project the applicant has done the following:
1. Pursuant to the approved master plan, the south portion of the property
was designated for utilization by a church. In fact, this property was sold
o
Ms. Tambrt Heyden
November 23, 1994
Page 3
to the Ch reh of Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached rranty deed). Therefore, the Planned Unit Devefopment now
has two s erate owners, the applicant and the church.
2. In order t devefop this first phase for the church parcel, the applicant
requested an approval for road Improvements for the Tara Oaks P.U.D.
This requ was made by Rick Rossi of Rosel & Malavaal Englneere, Inc.
to con. a portion of Knuth Road at the lOutI'I end of the Tara Oak.
P.U.O. to accommodate th. pendlno purc.,... of the church parcef.
Subsequ y. on June 2, 1992 the City Commission granted approval of
the partial Knuth Road Improv.-nent8 required by the Tara Oaks P.U,D.
(see attac ed letter dated June 12, 1992 from ctvt. CUb"o). Also attached
Is a letter m the Boynton City Engineer dated June 19. 1992 Indicating
what add naI work was required to obtain a land development permit for
the road nstruction. The applicant expended over $4,000.00 in
conjunctio with obtaining approval of these preliminary plans.
Additional , the applicant has obtained the previous construction plans' ~
from the ious owner which will be modified In order to obtain final
permits. (I should also be noted that over $100,000.00 has been set aside
in an esc w account to guarantee construction of this portion of Knuth
Road at s time as the church 18 ready to pull blildlng permits for the
devefopm of the site.)
3.
The appll
dedicate t
pursuant t
June 28. 1
has complied with the zoning condition of approval to
the City of Boynton Beech twenty-five (25) feet for Knuth Road
the attached right-of-way deed (ORB 7324, Pg. 1159, dated
).
4. The appl has expended over $28,000.00 for the construction of the
canal cro at the Intersection of Woolbright Road and Knuth Road.
Attached I correspondence concerning the canal crossing including:
a. er dated April 24, 1992 from the Department of Environmental
uree Management Indicating that no permit would be required
to the Palm Beech County Wetlands Protection Ordinance.
b. er from South Florida Water Management District granting a
p it exemption dated April 29, 1992. This letter indicates that the
Sou h Florida Water Management District will not be analyzing the
su e water management system.
t7
-.,.
Ms. Tambri Heyden
November 23, 1994
Page 4
.."
c. A letter dated May 8, 1992 Issuing a permit for the culverting of
Knuth Road from the Florida Department of EnvironmentaJ
Regulation.
d. A letter dated June 11, 1992 from the Lake Worth Drainage District
approving the permit for the Knuth RoadlWoolbright Road
intersection and culvert at the L-28 canal.
e. A letter from the Lake Worth Drainage District dated April 14, 1993
Indicating final acceptance and final Inspection of the Knuth Road
culvert crossing.
f. A permit from the Palm Beech County Land Devefopment Division
dated June 18, 1992 for Right-of-Way Construction Indicating
approval to connect Knuth Road into the north right-of-way of
Woolbright Road.
g. Three (3) letters from the City consultant. Gee & Jenson, dated
January 18, 1993, April 9, 1993 and May 4, 1993. These letters
reference City Commlsston approval for the ext"'on of Knuth Road
to the Tara Oaks. church site and correspondence regarding
construction plans that were prepared and submitted by Rossi &
MaJavasl to the City for approval.
5. Received approval for an excavation and fill permit by the City Commission
on April 8, 1993 for the construction of Knuth Road (see attached minutes).
6. Cleared Knuth Road right-of-way pursuant to a cleertng and grubbing
permit for $8,000.00.
7. Requested a minor amendment to the master plan to amend a condition
of approval regarding construction of Knuth Road from the Stonehaven
P.U.D. on the north to Woolbright Road. this request was made on
June 15, 1992 and the petitioner paid a fee of SSOO.OO (see attached cash
receipt) .
II. Knuth Road P .C.D. This project received annexation, future land use amendment
approval. from County Commercial High to Local Retail, rezoning from County AR
- Agricultural Residential to City P.C.D. - Planned Commercial Development and
an approval for a text amendment to the City Land Use Element pertaining to
.
8
Ms. Tambri Heyden
November 23, 1994
Page 5
planning area 7, 7.J. As part of the rezoning and land use amendment approval
this project also the subject of an agreement with the Stonehaven P.U.O:
Homeowner's A sociatlon. This document Is aJ80 attached for your referenee.
Since the tl~e ension granted by the City Commission on June 1 at 1992, the
property owner done the following: .
1. Received a master plan modification and site plan approvaf from the
Boynton each City Commission on June 2, 1992. this modification was
to allow e replacement of a restaurant on a comer of this P.C.D. to allow
a convenl e store with gasoline saJes.
2.
Obtained
costs of
south to
this modi
minor amendment to the master plan to spilt the construc:tfon
extension of Knuth Road from the Stonehaven P .U.D. entry
oolbrlght Road. The applicant paid $eOO.OO for the request of
tlcn.
III. Boynton B.ach Boul.vard P.C.D. This project received annexation approvaft'"
rezoning appro from County AR . Agricultural Residential to City P.C.D. .
Planned Comm Iat Development, a Comprehensive Land Use Plan amendment
from County Co merelal High to CIty Commercial Local Retail, and a text
amendment to th City's Land Use Element defetfng language indicating that this
property should e placed in a High Residential land use category. This project
also was the subJ of an agreement with the resk:lents of the Stonehaven P. U. D.
which abut the roperty to the west. Since the approval of the project, the
applicant has do e the following:
1. As part of original approval, the property owrw agreed to comply with
a specific uest from the Stonelwlen P.U.D. SpeciftcaJly, the removal of
several Australian PInes along the portion of the property which the
neighbors 8'ed to be a danger to adJacent property. Immedlatefy
upon app val of this project, the property owner contracted ~ Arbor
Tree 81, Inc., who removed said trees.
2. ThIs pro) also was the subject of a request for a minor master plan
modtticatlo in an effort to spilt the construction costs of the proposed
Knuth R extension. As prevlousty stated, the City Commission
approved request for minor master plan modification for this proiect on
April 8, 1 to allow all three (3) Planned Developments to split the Knuth
Road link nstructJon costs.
9
."".,
~
Ms. Tambrt Heyden
November 23, 1994
Page 6
3. Received approval for an excavation and fill permit from the City
Commisston on November 16, 1993 (see attached letter dated November
23, 1993).
We have appreciated your wor1dng with us In the past Recently, with the economy
Improving, the applicant has received significant Interest In the development of all thr..
parcet.. We are, "<<lIore, opttml.ttc that With the prop. .INtone, we can move
ah..d In their development. In that regard, I em forwarding to you under separate cover
a requ..t to finalize the Impact fee credit agreement for the conatruotlon of Knuth Road.
PI... fHl fret to contact m. If you have any Qu..tIonl.
cc: Bill Winchester
Michael Schroeder
AKJKllb/heyden.n18
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VIII. DEVELOPMENT PLANS
B.2
cc: Plan, Dev, Util
SUBJECT: CNTE 94-004 & MPTE 94-002
master plan and concurrency exemption
PING AND ZONING DEPART!
MEMORANDUM NO. 95-103
Agenda Memorandum for
March 1, 1995 City Commission Meeting
TO:
FROM: Tambri J.
Planning
DATE: March 16,
Please place the ab ve-referenced request on the March 21, 1995
City Commission agen a under Development Plans, Non-consent agenda.
DESCRIPTION: This is a request for approval of an eighteen (18)
month retroactive and an indefinite time extension for
zoning/master plan a proval and concurrency exemption, submitted by
Kieran Kilday, agen for Bill Winchester, property owner for the
Knuth Road PCD, 10 ated at the southwest corner of Knuth Road
extended and Boynt n Beach Boulevard. The applicant is also
requesting that a ervice station be allowed to be constructed
within the PCD, as this use would no longer be allowed at this
location under the c rrent regulations, but would have been allowed
under the regulatio s in effect at the time of the master plan
approval. In addit'on, the applicant is requesting approval of a
phasing plan to uti ize all or part of the 6,722 combined, total
trips per day that t is PCD and the Boynton Beach Boulevard PCD are
allowed prior to w dening of Gateway Boulevard. The expired
master plan depicts a one hundred twenty thousand (120,000) square
foot shopping cente , which includes two outbuildings.
RECOMMENDATION: Th Planning and Development Board, with a 6-1
vote, recommended d nial of this request. In addition, The Board
recommended that th City Commission direct staff to change the
land use and zonin of the property to the original, or a more
restrictive, catego y.
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KNUTH ROAD peD
TIME EXTENSION
PLA NING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-085
THRU:
Chai-man and Members
Plan ing and Development Board
i' J. Heyden ~J
ing and zoning Director
el E. Haag~~~
g and Site ~elopment Administrator
Marc 9, 1995
TO:
FROM:
DATE:
SUBJECT:
Knut Road PCD - File No. CNTE 94-004 & MPTE 94-002
Time Extension (Amendment to Planning and Zoning
Depa tment Memorandum 95-038)
At the request of applicant, Kieran Kilday, the Planning and
Development Board t their February 14, 1995 meeting postponed
action on the reque t for a time extension for zoning/master plan
approval and conc rrency exemption for the above-referenced
project. The appl'cant requested postponement due to incomplete
traffic information and related unresolved issues.
This memorandum ser es to address these issues that could not be
addressed in the original staff report, Planning and Zoning
Department Memoran um No. 95-038. Based on recent Commission
sentiment regardin approving multiple and retroactive time
extension requests, staff has required, pursuant to the concurrency
management ordinanc , traffic information to be submitted with such
requests. The purp se of the traffic information is to identify
any repercussions a sociated with approving a time extension with
an exemption from urrent traffic requirements; the difference
between traffic imp ovements that were required at the time of the
original developmen order vs. improvements that would be required
today. For example the original traffic study did not include all
roadway links revi wed under the existing Traffic Performance
Standards Ordinance.
As indicated in th original staff report, there was a concern
regarding the tra fic level of service of Gateway Boulevard,
between Congress venue and Military Trail, currently over
capacity. The Traf ic Division of Palm Beach County has reviewed
the updated traffic data supplied by the applicant's engineer for
this Gateway Boule ard roadway link. It was determined that the
current Traffic erformance standards (TPS) would restrict
construction of the PCD's 120,000 square feet of general retail to
75,700 square feet of general retail (3,361 daily trips) until
Gateway Boulevard's widened to six lanes, scheduled for fiscal
year 96/97. The u dated traffic analysis reviewed by the County
included two (2) ou parcels; a 4,500 square foot bank with drive-
through and a 2,00 square foot service station with convenience
store and car wash generating a total of 6,221 net daily trips
(find attached Exhi it "M" - letter from Mr. Dan Weisberg, Palm
Beach County - Traf ic Division, dated March 7, 1995).
It is staff's reco mendation that the square footage restriction
identified in the f urth paragraph of the March 7, 1995 letter from
Mr. Weisberg be dded to staff's original recommendation of
approval. This rec mmendation includes a re-evaluation at time of
site plan review 0 the trips generated for any of the proposed
outparcels. Since utparcels are usually occupied by high traffic
;rei1erators, 3uch a fast, food drive-through restaurants, the
square footage ~llc ed to be constructed prior to the widening of
Gateway Boulevard m y have to be further limited.
/
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Page 2
Knuth Road PCD
Memorandum No. 95-085
The applicant is requesting an agreement be made with the city that
would allow either the subj ect proj ect or the Boynton Beach
Boulevard PCD (which has the same square footage restriction) to
utilize all or part of the total trips (6,722) that the projects
would be allowed before the widening of Gateway Boulevard (see
attached Exhibit "BB" - March 6, 1995 letter from Kieran Kilday).
At this time, staff does not have a recommendation on this issue
until the County can respond on this issue.
An additional issue identified in the letter from Mr. Kilday is the
applicant I s wish to retain master plan approval of the service
station which was approved by the City Commission on June 2, 1992
for the subject project. The location of the service station is
shown on Exhibit "C" of the original report. Also, as indicated in
the original report, on June 2, 1992 the City Commission approved
a preliminary plat and site plan for the construction of the
convenience store/gas station/car wash which expired on June 2,
1993. The gas station approval was granted under the previous
service station regulations and the property does not meet the
current service station criteria. Therefore, the 1992 master plan
modification is no longer valid. Staff's position on this issue is
that resurrecting this expired approval of a use which is no longer
permi tted on this property would constitute a grant of special
privilege to the property owner. Staff questions the relevancy of
the economic slow-down justification to service station uses which
usually are least impacted by this type of economic stagnation.
Also, there is concern that since development of one of the PCDls
outparcels vests the PCD, the city may end up with only a service
station on the property for a long period of time.
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Attachments
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Board of County Commission.,
Ken L. FOShi:l', Chail'm;an
Burt Aaronson, Vicli ChiUrman
Karen T, Mm'\:'l1~
Cllrol ^. P.obelt~
Warren H. Newell
MAf)' McCarty
\1a~de Ford Lt~
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4~7 478 S77~ P.02/~3
County AdmlnJstrator
Robert Weisman
Department of Engineering
and Public Works
Mar'ch 7, IS95
Mr. Mike Haag
Clty of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, fL 33425-0310
RE: BOYNTON BEACH BOULEVARD P.C.D.
KNUTH ROAD P.C.D.
TARA OAKS P.U.D.
Dear Mr. Haag;
The PG'lm Beach County Traffic Division has traff1c reviewed the three traffic
analyses prepared by Simmons &. Wh1te for these three proposed developments. The
three studies are updates to the ~. S. Rogers traff1c studies prepared in 1990.
Thay use the trip generation and trip distribut10n from the 1(. S. Regen studies'
and update the existing traffic volumes (1994) and the future traffic (1997)
volumes. These traffic studies do not address traffic on Gateway Boulevard for
the triO p.e.D.st as would be required by the existing Traff1c Performance
Standards (TPS). A letter received yesterday from Simmons & White prOV1des some
of the requested additional information for Gateway Boulevard.
Bovnton Bea~h Boulevard P.C,DL
The updiloled Lr'ilrric study addresses 120,000 square feet of goneral reUil. The
traffi~ study states that the it address 110,375 square feet Qf general retail
and outparcels consisting of a 5,625 square foot bank with drive-through and a
4.000 square foot high-turnover restaurant. The outparcels are high traff1c
generators and the traffic study does not properly address the outparcel uses.
The 120.000 sQuare feet of retail will generate 4.818 net daily tr1ps with a
build--cut of 1997. The study shows that the project will meet the requirements
of TPS on all roadways except Gateway Boulevard. Gateway Boulevard restricts the
d~v@lopment ta 75.700 square feet of general retail (3,361 daily trips) until it
;s widened to six-lanes in FY 96/97.
Knuth Road P.C.D.
The updatQd traffic study addresses a 120,000 square foat shopping center which
includes Iln.375 square feet of general retail and outparcels consisting a 4,500
square foat bank with drive-through and service station with a 2,000 square foot
convQni&ncQ store and a car wash. The proiect wtll generate 6.221 net daily
trip~ with a build-out of 1997. The study shows that the project will meet the
requirementi of TPS on all roadways except Gateway Boulevard. Gateway Boulevard
"An Equ:l1 Opp"rh""l}' - A ffirnl:ltiVtI Actiun "nl!.lll)r~r"
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llo~ 21229 West ('3]rn Bea,h. Florida 33416-1229 (401) 6114-4UUO
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4~7 478 S77~ P.~3/~3
March 7, 1995
Mr. Mike Hug
BOYNTON BEACH BOULEVA 0 P.t.D.
KNUTH ROAD P.C.D.
TARA OAKS P,U,D.
page two
restr1cts the develop ent to 75,700 square feet of general retail (3,3el da1ly
trIps) until it is ~1 ened to s1x-lanes in FY 96/97.
Tara Oaks P.U~~
The updated traffic tudy d1scusses a project consisting of 19Z mult1-fam11y
dwalling units and a 20,000 square foot church. Th1s project would generate
1,498 daily trips. T B study mentions an unidentified previous petition which
accounts for 710 or t e projects daily trips. like the K. S. Rogers study, the
updated study does not address these trips. Rather, it addresses 728 daily trips
from an undefined pro ect. The updated'study ShOWS that this undefined project
meets TPS on all roa ays, based on a build-out of 1997.
In your letter dated January 20, 1995, you~ requested verification that the
roadway improvements isted in the Simmons a White reports are st111 applicable.
There ;s no informat1 n in these reports that allows me to verify the need for
those roadway improve ants.
I a~ sorry for the del y in resQondin~ to your request. The form of the updated
traffic studies and m ssing informatlon did not allow a timely revie~. If you
have any questions re ardlng this determination, please contact me at 684-4030.
Sincerely,
/
OFFICE OF THE COUNTY
~~
Dan Weisberg. P.E.
Senior Rigistared Civ 1 Engineer
ce. Rob Rennebaum. .E" Simmons & White
FilQ: TPS - Mun. - T affic Study Review
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MI. Tamblt Hayd ,Planning Director
City of Boynton 8 h Planning & Zoning Department
100 eut Boynton eech Blvd.
Boynton Beech, FL S3426
Re:
Dear MI. Heyden,
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.C.D. -and Boynton Beach P.C.D. TIme extensions
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ng with Bill Winchester and myself IMt week to dlle' ... the
Time E)denllona Boynton Beach P.C.D. and Knuth Road P.C.D. M of thl8
date. I am sUI waI ng for vertftcatlon from the County engln.. that phulng for
each of lIle above roject8 WOuld only occur after lhe Vlpl gtneratICJ by eacn
project exceed. 3. 1 trips per day. ",Is number Is the number that WIllI
calculated by our engineer, Mr. Robert Rennebaum, In _Ignlng the 1%
that la allowed to 11%8 Gateway Boulevard and working the trlpa backwalds to
the lite baud upo the ...ignmentl contained In h original trafIIo etudy.
AI ycu ere aware, r. Wlnch..r 18 concemect that thll project II being required
to retroactlv~ m phaSing requlrwnents when Ihn .... many oth. PlOjectl
In the CIty of Boy n B88Ch which have received extenAlOl1I without any phasing
requirement. For reuon. we are reqU8lting an agl'NlTlent with the City that
either project be lowed to utilize all or part of the 8.722 total trip. that the
proIeota would be Ilowed betora the reqlJremem of phasing. In ou.. WOrdl,
since eKh project uld be permitted to generate 3.381 tr1p. It mak.. lena. that
we be allowed to gn either all or part of the tripa to on. project u It Is likely
that on. project wll move ahead quick... than the oth. project.
One addlUoflllll which we dlecuued at our meeting which we woulcl Uk. to
have rllOlVecI at tn time of the oonalderaUon of the extenalon reqUeM Is the fact
that the Knuth R P.C.D. has an approval on Ita Malter Plan including a MNlce
station. While W8 _were that the slIVlee statton criteria which waa adopted
after this approval uld not allow this use at this comer. our &bUtty to proceed
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March 8, 1.
Page 2
using our approved mISter plan I. vwy Important. In all probability. bued on
some very recent dl~uulona with usere of the Knuth Road P.C.C.. WIt believe
that the service station use will In fad be the first phase of the development of this
center. Additionally, with the con8tructlcn of the aervlce atadon, we hop. to be
In a pcsltlon to constNct Knuth Road from Ita current termlnua and 18 lOutheI1y
to the canal crossing. (Tara Oakl P,U.O. will comlnue thll conlU'UCtlOn SOutherty
to WoolbrIGht Road.)
At this time, WI expect the petition to be heard by the Planning O:n"."laaIon on
March 1., 1985. I wlU make myself available at any tlm. 8hould you wa.h to
discuss these matters further. I will continue to eeek wrtuen conllnnatlon from the
COl.lnty engineer that me phasIng requlrwnn referenced In thl8 letter Ia In face
oorrecl
KJ-.n J. Kilday
KIlday & Aaooiatee, lno.
co: MKce Schroeder
eUl Wlnoheeter
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LANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-038
TO:
Chairma
plannin
and Members
and Development Board
THRU:
Tambri
Plannin
. Heyden
and Zoning Director
FROM:
Michael
Zoning
. Haag
d Site Development Administrator
DATE:
Februar
9, 1995
SUBJECT: Knuth R ad PCD - File No. CNTE 94-004 & MPTE 95-002
Time Ex (Master plan approval and concurrency
exempti
NATURE OF REOUEST
-::
Kieran Kilday of ilday & Associates, agent for Bill Winchester,
property owner, i requesting an indefinite time extension for
Planned Commercia Development (PCD) zoning/master plan approval
and concurrency ex mption for the Knuth Road PCD (see Exhibit "A" -
letter of request. The master plan consists of 120,000 square
feet of retail, wh ch includes two'outparcels; a 5,400 square foot
bank and a 6,068 s uare foot restaurant (see Exhibit liB" - original
master plan). The PCD is to be located at the southwest corner of
Knuth Road and Bo ton Beach Boulevard.
BACKGROUND
On December 18, 1 the City Commission approved an ordinance
annexing the subj t property. After review by the Department of
Communi ty of Aff irs (DCA) and despite obj ections, they also
approved ordinanc s for a land use element amendment that changed
the Commercial 3 ( aIm Beach County) classification of the property
to the City'S Loc I Retail Commercial classification and rezoning
of the property rom AR, Agricultural Residential (Palm Beach
County) to PCD, with a specific master plan. The adopted
comprehensive plan amendment was transmitted to DCA on December 19,
1990, along with r sponses to DCA's objections. In February 1991,
the DCA issued a otice of intent to find the comprehensive plan
amendment in compliance.
These application were submitted prior to the effective date of
Palm Beach County' traffic performance standards ordinance and of
the City's con rrency management ordinance. Therefore,
concurrency exempt 'on for traffic and drainage was granted with the
1990 approval.
On June 16, 1992, the City comm1~sion granted a one (1) year time
extension that ext nded the proj~ct's June 18, 1992 expiration date
to June 17, 1993. No application for extensions was made since
the June 1993 exp'ration, until the subject extension which was
filed in November 994; a period of one year and five months. This
is the need for a retroactive extension.
On June 2, 1992, the City Commission approved a master plan
modification whic included replacing the 6,068 square foot
outparcel restaura t with a 2,512 square foot convenience store/gas
station/car wash a d decreasing the size of the bankoutparcel from
5,400 square feet to 4,500 square feet. The total square footage
remained at 120,000 (see Exhibit C - master plan modification
drawing) .
Also, on June 2, 992, the City Commission approved a preliminary
plat and site p an for the construction of the convenience
store/gas station car wash on a 1.01 acre site located in the
northeast corner f the peD. The site plan and preliminary plat
I
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Page 2
Planning and Development Board
Memo No. 95-038
Time Extension for
Knuth Road PCD
February 9, 1995
approvals expired on June 2, 1993. The gas station approval was
granted under the previous service station regulations. The
property does not meet the new service station criteria, therefore
this aspect of the 1992 master plan modification is no longer
valid.
ANALYSIS
Several sections of the code of ordinances govern these types of
extensions. Regarding expiration of the concurrency exemption for
the project, Section 19-92 (e) of Chapter 19, Article VI of the
Code of Ordinances states that such requests for time extensions
"may be filed not later than 60 days after the expiration of said
certificate or exemption". It furthers states that "time
extensions may be granted for any length of time which does not
exceed one year". Historically, retroactive extensions combined
with a "current" extension that equate to more than one year, have
been granted under certain circumstances.
Regarding the projects I s previous exemption to the current drainage
and traffic levels of service, the project meets the current
drainage requirements. A traffic study was submitted in an attempt
to determine whether the project, subject to the original traffic
conditions, would meet current traffic requirements. The current
standards for traffic studies would require evaluation of roadways
not evaluated in the original study. The study submitted was not
complete in that it did not evaluate the additional roadways that
would be affected. The Palm Beach County traffic division is
coordinating the receipt of this additional information and
indicated that they would try to have a response to the City by the
Planning and Development Board meeting. However, they did indicate
that if the time extension were not granted and the project was
required to meet current standards, Gateway Boulevard, between
Congress Avenue and Military Trail, would be negatively impacted.
Since, this road link is not scheduled for improvement by Palm
Beach County until fiscal year 1996/1997, a development order could
not be issued for the project' earlier than this, unless the
developer made the improvements,to the road, for which he could
receive road impact fee credit. The only option available would be
to phase development of the shopping center.
The other section applicable to this request is Section 9.C.13 of
Appendix A - Zoning, wherein it states that the city Commission
shall review any rezoning approval to a planned zoning district
(PUD, PIO or PCO) that has expired and take action in accordance
with paragraphs a. and b. below:
"a. The city commission may extend the zoning of the property
for a period of one (1) year or more, or may extend the
zoning of the property indefinitely. If development of
the property in the manner specified above does not occur
by the end of said time extension, the city commission
may grant additional time extensions or may take action
in accordance with paragraph b. below:
2.
Page 3
Planning and Deve Board
Memo No. 95-038
Time Extension fo Knuth Road PCD
February 9, 1995
b. The city commission may instruct the city manager to file
an appl cation to a more restrictive zoning district
and/or uture land use category. The zoning of the
propert shall be considered to be extended until final
adoptio of the more restrictive zoning district and/or
future and use map use category."
consistent with Se tion 9.C.13 of Appendix A - Zoning, the Planning
and Zoning Depart ent is forwarding the request for review and
direction regardin the status of the approval. If the approval is
not retroactively extended, the city Commission may wish to
instruct staff t file a rezoning and/or land use amendment
application to a m re restrictive zoning category. If the approval
is retroactively extended, the City Commission should specify
whether the appro al is extended indefinitely or for a set period
of time.
One of the origin I DCA objections with the change in land use on
a portion of the p operty from residential to commercial was based
on staff's determ nation that there was an excess of commercial
land at build-out therefore the City should not further change
land use to comme cial categories. Staff's determination was a
result of the disc ssion of Supply and Demand of Commercial Land in
the Comprehensive Plan Future Land Use Element Support Documents.
This analysis is f've years old and the City is required to submit
its EAR (Evaluatio and Appraisal Report) of the comprehensive plan
by August of next ear. As part of the EAR, staff will reevaluate
the appropriatenes of the land use of the property, if development
has not commenced.
The applicant sta that the time extension is warranted because
various improveme ts were made to initiate project construction.
As part of the co struction of Knuth Road, the Knuth Road culvert
crossing over the L.W.D.D. L-26 Canal is in place, however it has
not been verified to the Engineering Division that the work was
certified. A cl aring and grubbing permit for the Knuth Road
right-of-way was i sued on March 24, 1993 and an excavation permit
was final inspec ed on January 21, 1994. It has not been
determined whethe a clearing and grubbing permit was final
inspected.
RECOMMENDATION
For the above rea ons, on January 10, 1995 and January 24, 1995,
the Technical Revi w Committee reviewed the request and recommended
that a time extens on be granted, subject to all previous comments
and conditions of rezoning and master plan modification approval.
However, rather th n granting an extension for an indefinite period
of time, staff is recommending that the extension expire on June
18, 1996. The e tension, if approved as recommended by staff,
would equate to retroactive extension from June 18, 1993 to
February 21, 1995 (one year and nine months) and an additional
extension from Fe ruary 21, 1995 to June 18, 1996 (one year and
four months).
As a point of info mation, at the January 24th TRC meeting, it was
not known that th re was a traffic level of service problem with
Gateway Boulevard between Congress Avenue and Military Trail.
Therefore, the TRC's recommendation does not include a
recommendation to he Planning and Development Board and Commission
as to whether the approval of this time extension should also be
contingent upon co pliance with current traffic levels of service.
MEH:dim
attachments
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landscape Archltectsl Pia ners
1551 Forum Place
Suite l00A
West Palm Beach. Florida 1
(407) 689-5522 · Fax: 1407 689-2592
November 23, 1994
Ms. Tambrl Heyden, Direct r
City of Boynton Beach PI ning & Zoning Department
100 East Boynton Beach B vd.
Boynton Beach, FL 33425
RE: Request for Time enslons
PROJECTS: Tara Oaks P. .0. (Ordinance 90-75)
Knuth P.C.D. Ordinance 90-70)
Boynton Bea Boulevard P.C.D. (Ordinance 90-73)
Dear Ms. Heyden,
This letter will serve as a fo al request to have the City Commission of Boynton Beach
review the status of the aOO e three (3) Planned Developments and to grant further time
extensions for their comme ement of development. I have reviewed your Zoning Code
in an effort to determine th proper procedure for extending these project approvals. It
appears that the only proc s available at this time is contained in Section 9, Article 13,
Time Limitation for Develo ent of Pro e . In fact, this section was the basis for a
similar review of the Capito Professional Center PCD (located at the southeast comer
of Knuth Road and Old Boy ton Road). In that case, the Commission, after detennining
that the existing Planned C mmercial Development zoning was the most appropriate
zoning for the property, gra ed an indefinite time extension. I have attached the staff
report and time extension I er for your review.
.-
All three (3) of the abov referenced Planned Developments were approved on
December 18, 1990.' Since that time, while there has been some activity concerning
each of the projectS, there s not been formal final development plan approval and/or
construction. The original ghteen (18) month time limit of the approvals would have
expired on June 18, 1992. owever, on June 16, 1992, the City Commission approved
our request to extend the ex iration dates of the three (3) planned developments for one
(1) year until June 17, 1993 see attached letter from Chris Cutre dated June 29, 1992).
No action or review has ta en place since that time. Due to the down swing in the
economy, the property 0 ers have been unable to successfully commence
development which, in this ase, is recording of a plat of record for the first phase of
development. However, th property owners have worked continuously on all three
projects since the last axten ion in an effort to commence development.
m NOV ~:~,~ rn
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Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiration of the time extension on June 18, 1993, the properties have been
in a sort of limbo. If you recall, the two commercial properties were annexed Into the
City of Boynton Beach at the, same time that they were rezoned. Therefore, the Planned
Commercial Development Zoning Dlstrfct Is the only zoning district that has ever been
assigned to them within the City of Boynton Beach. With regard to the Tara Oaks
property, the project was already an existing Planned Unit Development when It was
modified to Its current master plan status. Therefore, assuming that the Planned
Development approvals have expired for all three projects, I have no idea what the actual
underlying zoning would be. I believe that is why the provisions of Section 9, Article 13
were provided in the Code. As in the case of the Capitol Professional Center PCD, the
projects clearly need to be revisited by the City Commission to detennlne whether the
existing zoning is the most appropriate zoning and, assuming that It Is, foi1'Tlal action
should be taken regarding the extension of these approvals.
Needless to say, my clients are actively seeking extensions of these approvals. Despite
the economic problems which prevented these projects from moving to the next step 111 ~
the development process, there has been activities undertaken throughout the entln:!"
timeframe of the approvals to ready these projects for development. For the purpose of
your analysis regarding the status of these projects, I have prepared a summary of
activities for each project below. Additionally, I will be calling your office to set up a
meeting to review these projects with you and I will be prepared to be present at the time
of their consideration by the City Commission. At this time, I am not aware of any formal
application procedure. However, if there is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Development. This project received a rezoning
approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0
to a P.U.D. - Planned Unit Development with a land use Intensity of 5.0. This
project also received a land use amendment approval from Low Density
Residential to Medium Density Residential. Both of these ordinances were passed
on final reading by the City Commission on December 18, 1990.
As part of the rezoning and land use approval, the applicant entered into an
agreement with the Stonehaven Homeowner's Association which required the
applicant to commit to numerous conditions of approval including providing a
buffer wall on the projecfs north property line along with a twenty-five foot wide
landscape buffer and a 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. (copy attached.) This agreement is still active and binding.
Since the approval of the project the applicant has done the following:
1. Pursuant to the approved master plan, the south portion of the property
was designated for utilization by a church. In fact, this property was sold
"
o
Ms. Tambri Heyden
November 23, 1994
Page 3
to the Churc of Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached wa ty deed). Therefore, the Planned Unit Development now
has two sep t~ owners, the applicant and the church.
2. In order to d velop this first phase for the church parcel, the applicant
requested an approval for road Improvements for the Tara Oaks P.U.D.
this request as made by Rick Rossi of Rossi & Malavasl Engineers, Inc.
to construct portion of Knuth Road at the eouth end of the Tara Oak.
P.U.C. to 80 ommcdate the pendinG purchue of the church parcel.
Subsequently, on June 2, 1992 the City Commission granted approval of
the partial Kn th Road improvements required by the Tara Oaks P.U.D.
(see attached etter dated June 12, 1992 from Chris Cutro). Also attached
Is a letter fro the Boynton City Engineer dated June 19, 1992 Indicating
what addition I work was required to obtain a land development permit for
the road co struction. The applicant expended over $4,000.00 in
conjunction ith obtaining approval of these preliminary plans.
Additionally, t e applicant has obtained the previous construction planso,..,
from the prev ous owner which will be modified in order to obtain final
permits. (It sh uld also be noted that over $100,000.00 has been set aside
in an escrow ccount to guarantee construction of this portion of Knuth
Road at such 'me as the church Is ready to pull building permits for the
development f the site.)
3. The applicant has complied with the zoning condition of approval to
dedicate to th City of Boynton Beach twenty-five (25) feet for Knuth Road
pursuant to t attached right-of-way deed (ORB 7324, Pg. 1159, dated
June 26, 1992 .
4. The applicant has expended over $28,000.00 for the construction of the
canal crossin at the intersection of Woolbright Road and Knuth Road.
Attached is co espondence conceming the canal crossing including:
a. A letter ated April 24, 1992 from the Department of Environmental
Resou e Management indicating that no pennit would be required
pursu t to the Palm Beach County Wetlands Protection Ordinance.
b. A letter from South Florida Water Management District granting a
permit xemption dated April 29, 1992. This letter indicates that the
South lorida Water Management District will not be analyzing the
surface ater management system.
17
....
Ms. lambri Heyden
November 23, 1994
Page 4
..""
c. A letter dated May 8, 1992 issuing a permit for the culverting of
Knuth Road from the Florida Department of Environmental
Regulati~n.
d. A letter dated June 11, 1992 from the Lake Worth Drainage District
approving the permit for the Knuth Road/Woolbright Road
intersection and culvert at the L-26 canal.
e. A letter from the Lake Worth Drainage District dated April 14, 1993
indicating final acceptance and final inspection of the Knuth Road
culvert crossing.
f. A pennit from the Palm Beach County Land Development Division
dated June 18, 1992 for Right-of-Way Construction Indicating
approval to connect Knuth Road into the north right-of-way of
Woolbright Road.
g. Three (3) letters from the City consultant, Gee & Jenson, dated
January 18, 1993, April 9, 1993 and May 4, 1993. These letters
reference City Commission approval for the extension of Knuth Road
to the Tara Oaks, church site and correspondence regarding
construction plans that were prepared and submitted by Rossi &
Malavasi to the City for approval.
5. Received approval for an excavation and fill permit by the City Commission
on April 8, 1993 for the construction of Knuth Road (see attached minutes).
6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing
permit for $6,000.00.
7. Requested a minor amendment to the master plan to amend a condition
of approval regarding construction of Knuth Road from the Stonehaven
P.U.D. on the north to Woolbright Road. This request was made on
June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash
receipt) .
II. Knuth Road P.C.D. This project received annexation, future land use amendment
approval, from County Commercial High to Local Retail, rezoning from County AR
- Agricultural Residential to City P.C.D. - Planned Commercial Development and
an approval for a text amendment to the City Land Use Element pertaining to
"
.
8
Ms. Tambri Heyden
November 23, 1994
Page 5
planning area 7, 7.J. As part of the rezoning and land use amendment approval,
this project was als the subject of an agreement with the Stonehaven P.U.D.
Homeowner's Asso iation. This document is also attached for your reference.
Since the time exte Ion granted by the City Commission on June 16, 1992, the
property owner has one the following:
1.
Received a
Boynton Bea
to allow the r
a convenienc
aster plan modification and site plan approval from the
City Commission on June 2, 1992. This modification was
lacement of a restaurant on a comer of this P.C.D. to allow
store with gasoline sales.
2. Obtained a m r amendment to the master plan to spilt the construction
costs of the ension of Knuth Road from the Stonehaven P.U.D. entry
south to Wool right Road. The applicant paid $500.00 for the request of
this modlflcatl n.
III. Boynton Beach Bo levard P.C.D. This project received annexation approval,'.
rezoning approval m County AR - AgriculturaJ Residential to City P.C.D. -
Planned Commercial evelopment, a Comprehensive Land Use Plan amendment
from County Comm ial High to City Commercial Local Retail, and a text
amendment to the Ci 's Land Use Element deleting language indicating that this
property should be p aced in a High Residential land use category. This project
also was the subject f an agreement with the residents of the Stonehaven P.U.D.
which abut the prop rty to the west. Since the approval of the project, the
applicant has done t e following:
1. As part of the riginal approval, the property owner agreed to comply with
a specific requ st from the Stonehaven P.U.D. Specifically, the removal of
'several large ustralian Pines along the portion of the property which the
neighbors con Idered to be a danger to adjacent property. Immediately
upon approval of this project, the property owner contracted with Arbor
Tree Services, nc., who removed said trees.
2. This project al was the subject of a request for a minor master plan
modification i an effort to split the construction costs of the proposed
Knuth Road xtension. As previously stated, the City Commission
approved a r uest for minor master plan modification for this project on
April 8, 1993 t allow all three (3) Planned Developments to split the Knuth
Road link con ruction costs.
.'
<1
~
Ms. Tambri Heyden
November 23, 1994
Page 6
3. Received approval for an excavation and fill permit from the City
Commission on November 16, 1993 (see attached letter dated November
23, 1993).
...,
We have appreciated your working with us in the past. Recently, with the economy
Improving, the applicant has received significant Interest In the development of all three
parcela. W. are, therefor., optlmlltlc that with the prop... _en.lonl, w. can move
ahead In their development. In that regard, I am forwarding to you under separate cover
a request to finalize the Impact fee credit agreement for the constnJctlon of Knuth Road.
Plea.. fee' free to contact me If you have any questions.
:,.0
cc: Bill Winchester
Michael Schroeder
AKJKJjb/heyden.n16
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VII. DEVELOPMENT PLANS
c.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
qS - 3 J~
Agenda Memorandum for
July 5, 1995 city Commission Meeting
cc: Planning
Development
Utilities
Carrie P rker
City Man ger
Tambri J. Heyden J~cQ" lJ..:t~
Planning and Zoning Direc{or
TO:
FROM:
DATE:
June 28, 1995
SUBJECT: Knuth Ro
Time ext
please place the a
City Commission ag
approved by the Co
reconsideration on
know, this item wa
conditioned upon s
deletion of the "n
granting 24 months
based on the delet
approval and the s
applicant from the
letter from the st
Roger Bennett to y
Since there was Ii
regarding the prev
continues to be~va
for constructing K
agreement. This a
attorney and was 0
of paragraph 5 on
otherwise required
require bonding of
constructfon cost.
no longer~x.quire
as was required in
the responsibility
allow the road to
As indicated in th
impacting the ston
agreement (phase n
portion of the roa
obligation of the
agreement specifie
PUD) is constructe
w09Lbright Road an
Tara Oaks), then P
four (4) years aft
hand, if Phase I (
II (along stonehav
construction withi
The applicant was
and two years to p
Oaks files a plat
platted, which wou
Road and a small p
attached, separate
Tara Oaks, bonding
would be required,
Further, if the PC
would still have t
his PCD obligation
Road frontage and
- CNTE #94-004 & MPTE #94-002
(master plan and concurrency exemption)
ove-referenced request on the July 5, 1995
nda, under Development Plans, as it was
mission, at their last meeting, for
the 5th, at the applicant's request. As you
approved by the Commission on May 16, 1995,
aff comments, including traffic phasin9 and
longer permitted" service station, but
to plat. The request for reconsideration is
on of the service station from the May 16th
pport of the service station received by the
abutting stonehaven pun (the June 6, 1995
nehaven Homeowners' Association President,
u is attached).
tIe discussion at the May 16, 1995 Commission
ous (April 8, 1993) arrangemen~which
id as a result of the May 16th~.e extension)
uth Road, I have attached a copy of this
reement was prepared by the applicant's
iginally approved in 1993, with the exception
age 3, regarding a five year release of all,
time extensions. It was also modified to
Knuth Road at 125 percent of the estimated
The primary purpose of this agreement was to
11 of Knuth Road to be built by Tara Oaks PUD,
1990 with the rezoning, but rather to share
of construction with the Knuth Road PCD and
e phased, rather than completed all at once.
agreement, the portion of Knuth Road
haven pun is referred to as Phase II in the
mbering was not intended to indicate which
would be built first). Phase II is the
nuth Road PCD. You will also note that the
that if Phase II (portion along Stonehaven
prior to Phase I (the portion connecting to
adjacent to Tara Oaks and the obligation of
ase I must be bonded for construction within
r the completion' of Phase II. On the other
long Tara Oaks) is constructed prior to Phase
n), then Phase II must be bonded for
four years after the completion of Phase I.
iven nine months to file a plat for Tara Oaks
at the Knuth Road PCD. Therefore, if Tara
ithin nine months and prior to the PCD being
d then trigger construction of Phase I Knuth
rtion of a buffer wall for stonehaven (see
agreement between applicant and stonehaven) by
of Phase II by the owner of the Knuth Road PCD
whether or not there is a buyer for the PCD.
is not platted within two years, Phase II
be built and the applicant could renege on
to construct a wall along stonehaven's Knuth
ontribute $35,000 to them for guard gates.
5~
v'J' ~
'JOV/
pr'
.
....
'WI
~
TO: Carrie Parker
-2-
June 28, 1995
Since the applicant states he has a potential buyer for the PUD
and a service station for a buyer of a portion of the PCD, the
issue made by the applicant is that the service station is needed
to fund Phase II of Knuth Road in order for the applicant to
abide by the agreement he has made with Stonehaven in exchange
for their support for zoning approval, rather than what should be
the issue - the appropriateness of a service station within the
PCD.
On the issue of the service station, when staff and the
Commission evaluated new service station regulations back in
1992, potential future locations under the current ordinance,
potential future locations under the ordinance existing at the
time and existing stations that would be made nonconforming with
the ordinance change were identified. Through ~uch coordination
with developers of service stations, it was det~rmined that major
intersections were most desirable by developers for service
station sites. These sites also had the most success (lesser
chance of discontinued use - closing) and were easier and safer
to access. Furthermore, closed service station sites are not
easily converted to another use and tend to stay unoccupied for a
very long period of time.
Since the competition among the oil companies is so fierce, it
was realized that service station locations cannot be left up to
a developer, because competition drives the notion of "bigger,
better, newer and flashier" to squeeze out the existing
competition. So, to minimize overbuilding of service stations
and to encouraga-"updating" of eXisting conforming stations, the
new service station ordinance had to contain realistic locational,
criteria. Among other things, the intent was to minimize
stations from closing, once built.
This locational criteria is not met by the proposed service
station. There are three, existing service stations in close
proximity~ at the intersection of Boynton Beach Boulevard and
Congress Avenue. A service station not located on a major
intersection cannot target the same volume of traffic as a
station located on a major intersection, increasing its chances
of failure. A closed station affects everyone in the City, not
just the stonehaven residents. ljJ,vf- ~of cjt... cif;yt
/ 0Mf~ ~H~.
tjh
Attachments
xc: Central File
A: ReconKnu
Si-ONEHAVEN
'IJMEDWNERS ASSPCIATION, INC.
P.O, Box 3341
Boynton Beaoh, Florida 33424.3341
June 6, 1995
City of Boynton Be ch
City Hall
100 East Boynton Bach Boulevard
Boynton Beach, Flo ida 33435-0310
RECEIVED
I'u'~l t ~ ,...<:>S
, '
Attention: Carrie Parker, City Manager
ClTY MANAGER'S OFFiCE
Re: Knuth Ro d PCD
-
Dear Ms. Parker:
It has come t our attention that the City Commission recently
denied the request of Bill Winchester, the owner of the Knuth Road
PCD, for an exte sion of a previously granted approval for a
service station 0 be located at the southwest corner of the
intersection of uth Road and Boynton Beach Boulevard. This
matter is of crit'cal concern to our Association and its members.
It is our und rstanding that the property to our south, known
as Tara Oaks POO, is currently under contract for the development
and sale of resid ntial townhouses and that, in conjunction with
that development, Knuth Road will be constructed from its
intersection with oolbright Road north to the L-25 canal, which is
located at the s uth end of our community. It is further our
understanding, th t both the City and Palm Beach County are anxious
to have the bal e of Knuth Road, the portion which would run
along the western boundary of our community, completed as soon as
possible so as- ~ reduce the traffic at the intersection of
Congress and Boyn on Beach Boulevard and to provide an alternate
means of access t the Boynton Beach Mall from properties to the
south.
In June 1990 when the Knuth Road PCD was first before the
City for zoning a proval, we communicated our concerns regarding
Knuth Road both t Mr. Winchester and his representatives and to
the City. The C ty Commission made it clear that the eventual
construction of uth Road was inevitable. We explained to Mr.
Winchester that t e right-of-way for the road was located in very
close proximity t the western-most homes within Stonehaven and
that we were conc rned about the adverse impact of the road upon
property values a d our quality of life. Mr. Winchester agreed,
and that agreemen was reduced to writing, that when the Knuth Road
PCD was developed, the property owner would construct a masonry
wall and landsca e buffer between the western boundary of our
community and Knu h Road, so as to mitigate the adverse impact upon
our community. A the time we entered into our agreement with Mr.
Winchester, we re ognized that it would be unreasonable to require
.
----
-..1
City of Boynton Beach
City Hall
June 6, 1995
Page Two
him to construct the wall and landscape buffer until the Knuth Road
PCD property was under development and therefore generating a
source of funds for construction. In addition to the constructi6n
of the wall and landscape buffer, Mr. Winchester also agreed to
make a contribution toward the cost for establishing guard gates at
the entrances to our community.
Later, when Mr. Winchester first discussed the idea of
"'-locating a service station on the Knuth Road PCD property, he
discussed this with us and we indicated to him, at that time, that
we, as the only residential community located within the City
limits of Boynton Beach that is directly affected, had no
objection. He then obtained site plan approval for the station
from the City.
We recognize that Knuth Road is going to be built eventually.
Requiring that this be done before development of the Knuth Road
PCD property, however, will create an unbearable situation for our
community. It could be years before the wall and landscape buffers
are built. The City has full power and authority to grant the
extension requested by Mr. Winchester and it is our understanding
that the development of the service station will be in full
compliance with all concurrency requirements. Prom the point of
view of our community, this situation presents to the City one of
those rare opportunities to achieve the best of all worlds. This
is a win-win-win situation. The approval of Mr. Winchester's
extension request will be a winner for Mr. Winchester because it
will permit him to sell a portion of his property. The approval of
Mr. Winchester"s- extension request will be a winner for our
community, both because we will have, in close proximity, a well
designed, attractive, service station for our use, to which we will
have access without having to struggle through the traffic at
Boynton Beach Boule~ard and Congress Avenue, and because it will
provide us with buffers to Knuth Road traffic which will, in turn,
mitigate any adverse impact upon our community. The approval of
Mr. Winchester's extension request will be a winner for the
citizens of Boynton Beach because it will permit the timely
construction of Knuth Road from Woolbright Road to Boynton Beach
Boulevard at one time and as one project simultaneously with the
Pulte Homes townhouse development of the Tara Oaks property.
We are writing to you in your capacity as City Manager to
request that you make copies of this letter available to the Mayor
and to all members of the City Commission and that you communicate
to them our request that they bring up for reconsideration, at the
next City Commission meeting, the issue of Mr. Winchester's
requested extension of the service station approval. Since we are
the only residential development within the City that is directly
.
City of Boynton Be ch
City Hall
June 6, 1995
Page Three
impacted by the se
indicated our unqu
we trust that t
opportunity and gr
..
ice station and have, by this letter, clearly
lified support for the approval of the station,
e commission will seize upon this unique
t the extension as requested.
Very truly yours,
STONEHA VEN HOMEOWNERS'
ARSOCIATION, INC.
~/J I /J . /
By: /~^,/ /-k~:.t.4..1
Rog Bennett
Its President
..,
SCHROEDER AND LA RCJ!ft. P. A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE] 19. ATRIUM
22 S S GLADES ROAD
BOCA RATON, FLORIDA 33431-7313
MICHAEL A SCHROEDER
W LAWRENCE LARCHE'
BOCA RATON 1~071 241,0300
BROWARO COUNTY 130'1421'0878
TELECOPIER 14071 241 '0798
. FLORIDA BAR BOARD CERTIFIED
ESTATE PLANNINC AND PROBATE LAWVU
January 26, 1993
VIA FACSIMILE
Mr. Christopher CUtro
Director Of Planning
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Re: Winchester/Knuth Road PCD
Dear Chris:
A brief summary of the background regarding the Knuth Road
construction situation is as follows:
1. The City Comprehensive Plan contemplates that Knuth
Road will eventually be built through to connect Boynton Beach
Boulevard and Woolbright Road.
2. Contrary to the requirements of applicable Codes and
Ordinances, the City failed to require the developer of the
Stonehaven PUD to construct Knuth Road along the entire length of
the Stonehaven project.
3. Since the property now known as Knuth Road PCD, located
at the intersection of Boynton Beach Boulevard and Knuth Road,
was not then in the City, the ci ty had no other property upon
which to place the burden of completing Knuth Road other than the
Tara Oaka POD. Thus, the Tara Oaks POD has been saddled not only
with the Obligation to build Knuth Road adjacent to the Tara Oaks
project, but also to build the unfinished portion of Knuth Road
adjacent to the Stonehaven PUD.
4. Placing this obligation upon Tara Oaks PUD places an
unfair and unreasonable economic burden on that proj ect and is
significantly hindering efforts to sell the property to an
apartment developer and have the project built and added to the
tax rolls. '~-: ....-: ("::~'" ,; ":: D
::--._-- ."- - - . --
.r'tt
"
..
:~t....r-.~ ~ :\~i~G
",:,pT
r...J .... .
Mr. Christopher cutro
Director Of Pla ning
City of Boynton Beach
January 26, 199
Page 2
5. Our A gust request to Scott Miller was that the City
modify the obli ation with respect to Knuth Road construction so
that the Tara aks POD would. have the obliqation to build the
portion of KnU Road. ad.j acent to that property (Phase I) and,
since the Knuth Road. PCD has now been annexed. into the City, that
the Knuth Road. PCD be obliqated to build. the remainder (Pha.e
II) .
As you ow, the matter was brought before the City
commission for onsideration and concerns were raised by the City
Enqineer and estions were asked by various Commissioners
regarding how e City could be assured that the road would
eventually be c mpleted if approval was given to divide the road
construction ob iqation and permit the road to be constructed in
phases. The atter was tabled and we agreed to work wi th
representatives ot the City and the county to attempt to reach a
resolution that addressed both our concerns and those, of the
City. After me ting with you and the City Engineer, we then had
our engineer di uss the issue with representatives of the County
Engineer IS Offi e and Bill Winchester, Rick Rossi and I then
attended a mee ing with Mr. Hurtel and Mr. Walker at County
Engineerinq.
As a r.sul ot our various meetings, we believe that we have
now been able to structure an approach to the problem that
substantially a dres..s the concerns of all involved. Our
suggested appro h is as follows:
1. ction of the portion of Knuth Road lying
adj acent to the Stonehaven POD (including crossinq L-25 canal)
would be a re irement of any plat approval for the shopping
center (excludi q service station), portion of the Knuth Road
peDe For easy reference, we will refer to this as Phase II
al though this i not intended to indicate which portion of the
road will be bu lt first.
2. '!'he 0 ligation to build that portion of Knuth Road
adjacent to the Tara Oaks POD would be a requirement of any plat
approval for th multi-family development portion of that PUD.
3. Knuth Road would also be permitted to be built on a
prior to platti q contract basis either in two phases (in any
sequence) or al at one time, at any time prior to plat approval
for either or b th projects.
'W
Mr. Christopher cutro
Director Ot Planninq
city ot Boynton Beach
January 26, 1993
Page 3
....
4. As already approved by the City, the portion of Phase I
from the intersection at Woolbright Road, north to the north
boundary line of the Church parcel, which constitute. a portion
of the Tara Oaks PUD, will be built utilizing a prior to platting
contract and no bond will be required in conjunction with same.
It the next portion ot Knuth Road to be constructed is the
remainder ot Phase I, then prior to commencement of that
construction, the owner ot 'the Knuth Road PCD (excluding the
already approved .ervice .tation .ite) would be required to
execu~. and 4el1ve~ a ~ond in to~ and oon~.nt re..onably
aoceptable to the City, to a.sure the construction ot Phase II of
Knuth Road within tour (4) years after completion of construction
of the remainder of Phase I. If, on the other hand, Phase II is
to be built prior to the completion of the remainder of Phase I,
then the owner ot the Tara Oaks PUD mUlti-family site would be
required to post a similar bond with the City prior to the
commencement ot construction of Phase II, so as to assure the
construction of the remainder of Phase I within four ( 4) years
after completion of construction ot Phase II.
5. This proposal has been structured based upon the
assumption by the property owners that they will be able to
develop their propert~es as presently zoned and approved, as it
is only from such development that the necessary resource. can be
obtained to pay the cost associated with the road construction.
This being the case, we need the City to agree to grant all time
extensions, as necessary, in lieu of commencing construction or
platting, to maintain in effect the validity of all development
orders and site plan approvals with respect to the Knuth Road PCD
and Tara Oaks POD or any portions thereot for a period of five
(5) years following City commission approval of this proposal.
6. The property owners' agreement to this proposal is
conditioned upon receiving approval trom the County Commission
for impact fee credit with respect to costs incurred in
conjunction with construction ot Knuth Road against impact fees
for the Knuth Road PCD and Tara Oaks PUD or, if the road or any
portion thereot is built by so.e person or entity other than a
developer ot all or any portion ot those parcels, for
reimbursement to be made tor costs incurred in conjunction with
the development of Knuth Road trom the impact fees paid with
respect to the PCD and PUD. Mr. Walker and Mr. Hurtel of the
County Engineer's office acknowledged that the County Engineer
would support such a request for impact fee credit when presented
to the County Commission for approval, but indicated that in
order for the matter to be presented to the County Commission,
Mr. Christopher
Director .ot Pla
City ot Boynton
January 26, 199
Page 4
cutro
inq
Beach
the City need
justifications
of Knuth Road a
credi1:.
to adopt a resolution reciting the various
or giving impact f.e credit for the construction
d reque.ting that the county Commission give such
Chris, it is my understanding that this proposal, which
supercedes all revious proposals, will now be submitted for City
commission appr val. In accordance with the request of the City
Engineer, I hav previously delivered to you copies of a sketch,
on which we ha e clearly identified the various properties and
portions of the road with which we are concerned, so that they
may be provided to ..mber. ot the ci Commis.ion, City Manager
and City Attorn tor their review an c sideration.
M
HROEDER
MAS:cl
co:
Mr. J. Scot
Mr. Enrico
Mr. Bill wi
Miller, City Manager, via tel.copier
via telecopier
(Winchest\cutro.
'WI
"WI
(e) Construction of wall and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) Maintenance of the wall, berm, and
landscaping on both sides of the wall shall remain the obligation
of the developer/owner.
(3) All Australian Pines within fifty (50) feet
of the Stonehaven PUD property line along Banyan Creek Circle
North and within the southernmost ten (10) acres of the Boynton
Beach Boulevard PCD shall be removed by the developer/owner upon
initial approval of the application by the City Commissioners of
Boynton Beach, Florida.
(4) Entry into and maintenaI'1ce in effect of a
contract to provide continuous rodent and pest control, such
contract to be entered into prior to commencement of Closing/site
work to cover all of the property which is the subj ect of the
Boynton Beach Boulevard PCD application.
(5) Building heights will be limited to one story
(maximum 25 feet) for anchor store only, balance of shopping
center to be maximum of twenty-two (22) feet high.
(6) All lighting shall be of low intensity and
shall be shielded and directed away from surrounding properties
and rights-of-way.
(7) The architectural treatment at the rear of
the shopping center is to match the front of the shopping center.
(8) Screening and noise mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level if approved by the City Commission, City of
'Boynton Beach,Florida.
B. In consideration of the foregoing promises, the
Association endorses the "Boynton Beach Boulevard PCD"
application and requests that the members of the City Planning
and Zoning Board and City Commission approve it.
II. "Knuth Road peD".
A. Winchester agrees that, provided the requisite
final qovernment approvals for the Knuth Road PCD application are
obtained, he, as the developer/owner thereof, shall make, or
. cause to be made, the following improvements and other
arrangements in connection with the development of the property
which is the subject of the Knuth Road PCD application:
(1) A six (6) foot masonry wall shall be built
-3-
"
adjacent to the east right-of-way line of Knuth Road from
stonehaven POD' north property line (adjacent to office
building) south a ong the north right-of-way line of the LWDD L-
25. The Associat on agrees to assist the developer in obtaining
approval to incl e this wall section in the development plans
for Knuth Road 0 subject to appropriate impact fee credits.
However, if im act fee credit can not be obtained, the
developer/owner s all construct this wall from his funds. Where
said walls meet a Knuth Road and Stonehaven Drive the placement
of said walls sha 1 be done in manner reasonably suitable to the
Association. It is the intention of the Association that these
walls conform wi the existing layout of the present entrance
into Stonehaven 0 and to accommodate location of guard gates.
[See II.A. (4) (c) elow.]
(3 Construction of the wall shall occur
simUltaneously ith site preparation and prior to the
commencement of c nstruction of any buildings.
(2 The Knuth Road PCD property owner shall be
required to prov'de maintenance for said walls for five (5)
years.
(4
participate as
Stonehaven PUD:
The owner of the Knuth Road PCD property will
ollows in providing additional security of
(a) Assist in preparing applications and
seeking approval for the abandonment by the City of Boynton
Beach, Florida, 0 stonehaven Drive from Kn~th Road to LWDD L-25
to secure the s fety, well being and property values of the
residents of sto ehaven PUD. ,These applications will commence
upon approval of this project by the City commission of Boynton
Beach, Florida.
1. A section of a six (6) foot high
masonry wall to wall in II-A-(l) fifty (50) feet in
length extending from the east right-of-way of Knuth Road
adjacent to the xisting office building parking area along the
north property li e of stonehaven PUD.
2. Construction of a six (6) foot
masonry wall iden ieal to wall in II-A-(l) along the north right-
of-way line of HOD L-25 from a point parallel with the east
property line of "Tara Oaks PUD" easterly to the west right-of-
way line of ston aven Drive. Said wall section shall commence
(b) Construction of the fOllowing masonry
hich shall occur simultaneously with site
to the commencement of construction of any
will not be subj ect to any impact fees
.'
wall segments
preparation and
buildings and (
credits) :
-4-
~
.."
from the termination point of the wall section referenced in
Section III below and will be the obligation of "Tara Oaks PUD".
3 . Construction of an identical wall
extended from the east right-of-way of Stonehaven Drive along the
north right-of-way line of LWDD L-25. This wall shall be of an
appropriate length, not to exceed fifty (50) feet, in order to
create a suitable accented entry.
4. Provide landscaping to the extent
possible adjacent to the wall sections subject, to a final
determination of land area available. Provide landscaping in the
form of twelve (12) to fourteen (14) foot shade trees on thirty
(30) foot center in those areas where adjacent property is
available within Stonehaven PUD and agrees to provide maintenance
for said walls for five (5) ,years.
(c) Upon a successful completion of the
abandonment of Stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
guard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type
and style of guard gates along with the type of electronic
entrance systems to be used with these guard gates will be
determined by the Association. Upon completion of construction
of all walls required to be built pursuant to this Agreement, the
developer/owner of the Knuth Road PCD property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five Thousand Dollar ($35,000.00) amount
contemplated by this Agreement. These funds shall be held in an
interest bearing account. Funcls shall be disbursed from this
account, in an amount up to Thirty-Five Thousand Dollars
($35,000.00), in satisfaction of the Knuth Road PCD property
owners obligation to contribute toward guard gate construction
costs as set forth in this paragraph. Upon completion of
construction Qr disbursement of Thirty-Five Thousand Dollars
($35,000.00), in the aggregate, the remaining funds shall be
released to the Knuth Road PCD property owner.
(5) Installation of a traffic light in accordance
wi th governmental requirements at the intersection of Boynton
Beach Boulevard and Knuth Road.
B. In consideration of the foregoing promises, the
Association endorses' the "Knuth Road PCD" application and
requests that the members of the City Planning and Zoning Board
and City commission approve it.
III. "Tara Oaks POD".
A. Winchester agrees that, provided the requisite
final government approvals for the Tara Oaks PUO application are
-5-
obtained, he, as the developer/owner thereof, shall make, or
cause to be m de, the following improvements and other
arrangements in c nnection with the development of the property
which is the subj ct of the Tara Oaks PUD application:
(1) Construction of a six (6) foot masonry wall
along the north r'ght-of-way line of LWDD L-25 from the east to a
point parallel wi the east property line of "Tara Oaks PUD".
It is the inte t that his wall section connect with the
stipulated wall ection contained in the conditions of "Knuth
Road PUD". This all shall be landscaped in the same manner as
the wall in II- -(4)-(b)-4 and developer agrees to provide
maintenance for s id wall for five (5) years.
(2) Creation of a twenty-five (25) foot wide
landscape buffer long the ,north property line adjacent to the
south right-of-wa line of the LWDD L-25 Canal. That buffer will
consist of lands aping which consists of a minimum of two (2)
rows of shade tre s twelve (12) to fourteen (14) feet in height
at time of plant ng located on thirty (30) foot centers. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center se aration.
(3) No buildings shall be located closer than
forty (40) feet f om the north property line of "Tara Oaks PUD".
This setback crea es a minimum separation of one hundred seventy-
five (175) feet om the most northerly building to the closest
individually owne south property line of Stonehaven PUD.
B. Ba ed on the foregoing, the Association endorses
the "Tara Oaks PO II application ~nd requests that the members of
the City Planning and Zoning Board and City Commission approve
it.
IV.
A. contemplated by this Agreement shall be
masonry walls p ovided by Anchor Wall Systems, or similar
construction, inc udinq pilaster caps on all columns with the
Association appro ing the color and texture on all such walls.
B. wi chester and Schroeder agree to pay reasonable
attorneys' fees i curred by the Association for its law firm to
review this Agree ent.
v. With Lan. It is the intention of the
parties that the obligation to make the improvements and other
,arrangements clesc ibed in this Agreement, with respect to each of
the real properti s which are the subject of the applications,
shall if the appl cations are approved, become covenants running
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
-6-
."
" .. I
...,
thereafter so lonq as that person or entity shall have an
ownership interest in the property. Nei ther Winchester nor
schroeder shall be under any personal obliqation to make, or
cause to be made, the improvements and other arranqements
provided for in this Agreement with respect to the real
properties which are the subject of the Boynton Beach Boulevard
PCD, the Knuth Road PCD and the Tara Oaks PUD applications if the
provisions of this Agreement with respect to all of such
improvements and other arrangements are, by the filinq of
appropriate instruments, made covenants of record runninq ,with
the land and bindinq upon the person or entity havinq fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
affirmative injunctive relief to enforce, specifically the full
and timely performance of the obligations set forth in this
Agreement concerninq the m~kinq of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstandinq, neither
Winchester nor Schroeder shall have any personal or other
Obligation to make, or cause to be made, the improvements or
arrangements provided for in this Agreement as to any of the
properties, which are the subject of the referenced applications,
unless the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the City of Boynton Beach with respect
to same.
(Winchester\Stonel.Agm\06/19/90)
-7-
By:
Its
rrFte City of
:''.Boynton 'Beacli
100 'E. 'Boynton 'Be 'BouUvara
P.O. 'BOi( 0
'Boynton 'Becun, 'ffo' 33435-0310
City:Jfa[[: (407) 34-8111
'fJlX: (407) 73 -7459
THE CITY ENG NEER
June 12, 1992
Mr. Rick Rossi, P.E.
Rossi & Malavasi Engin ers, Inc.
580 Village Boulevard, Suite 140
West Palm Beach, Fl 33 09-1904
Re: Knuth Road P.C.D., Plat No.1
Preliminary Plat
Dear Mr. Rossi.:
Please be advised that
Commission, the above
subject to staff comme
six months.
at the June 2, 1992 meeting of the City
eferenced preliminary plat was approved
ts. You must submit the final plat within
Final plat submission
ust be accompanied with:
1) Six sets of constru
2) Final plat submissi
$1,869.08 ($93,454
3) Performance Bond in
($93,454 X 110%).
4) One 24" x 36" Mylar
VIII, Section 6, lip
tion plans
n fee of $300.00 plus administration fee of
.02). Total $2,169.08
the amount of 110% of required improvements
otal $102,799.40.
drawing meeting the requirements of Article
eparation of Final Plat".
If you have any questi ns, please do not hesitate to contact this
office at 738-7487.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
;~: d::.
City Engineer
MEK/ck
RECEIVED
JUN 1 5 1992
cc: Chris Cutro, Plann' g & Zoning Director
J. Scott Miller, C'ty Manager
merica's yateway to the (julfstream
..,'" c
Kilday & Associates
Landscape Architects/ Planner
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33 1
(407) 689-5522 · Fax: (407) -2592
May 30. 1992
Mr. Chris Cutro
City of Bovnton
100 E. Bovnton
Bovnton Beach.
JUN 02 1992
Director
Beach Plannine:
each Boulevard
-L 33425
Department
RE: Request fo Extensions
Dear Mr. Cutro.
It has recentlv
the following t
Boulevard PCD.
as of June 18.
for a. time ext.e
come to our attention that the approvals for
ree pro;ects: Knuth Road PCD. Bovnton Beach
nd Tara Oaks PUD. wi 11 require an extension
992. This letter serves as a formal request
sion for these approvals.
Needless to sav the general economic state of the countrv
has substantial v effected the abilitv of these proiects to
move ahead over the past 18 months. Unfortunate Iv. due to
the substantia time requirements required in obtaining
Comprehensive J1an amendments and development approvals
(approximatelv lne veal" from date of application to final
approval). eco omic conditions can change substantiallv
between the t me an applicant makes application for a
proiect and a applicant is in a position to receive
approval to blild that project. Nevertheless. we have
worked continuolslv on al I three proiects during the last 18
months to bring them to fruition.
As vou are awa e. several of the proiects are now in the
approval proce"s and will most likelv receive some final
approvals durin either the month of June or Julv. However.
in order to be sure that no deadlines are missed. we are
requesting offi ial time extensions for all three proiects
to ensure that lnat platting can be recorded at such time
as al I tal approvals are received.
On an individu
follows:
basis. the status of the
proiects are as
1. Bovnton Beach Boulevard Planned Commercial
Developmen This PCD became the sub;ect of
litigation in 1991. The propertv is currentlv owned bv
the Univer~itv of Florida Foundation. as Trustee. In
the course of obtainine clear title for the transfer of
Mr. Chris Cutr
HE: Time Extensions
Page ?
tfl€~ j arll
order t.
necessar
meantime.
therefor..
some detects were found. Unfortunately. in
cure these defects liti~ation has become
This I itigation is stt II ongoing. In the
we are unable to close on the property and.
proceed with active development.
However. at the time of the original approval. we did
receive some specitic requests from the residents of
Stonehav,n PUD which abuts the property to the west.
There we e several large australian pines locat.ed along
this po tion of the property which the nei~hbors
consider d to be a danger to adiacent property.
Immediat Iy upon approval of this proiect we contracted
wit.h Arbcr Tree Service. Inc. who removed said trees.
Any furtr,er preparation of the sit.e wi II require us to
reso I ve t he above no ted I ega I issues.
2. Knuth Ro-d Planned Commercial Development. - A revised
master p site plan and preliminary plat for Knuth
Road pcn have been submitted to City staff for review.
The matt r is scheduled to be heard by the Planning and
Developm nt Board on May 12. 1992 and the City Council
on .June '.. 1992. Assuminf,!: approval at this time. the
proiect ill then commence final platting. The proiect
is antic pated to be developed as a phased proiect with
the con.truction of a single outparcel initially and
the rem inder of the proiect to develop as economic
times ai ow. However. with the filing of the first
plat. it our understanding that all further timing
reQuirem of the Ordinances will be met.
3. Ta ra Oak. Planned Un it Deve lopm.?nt - Tara Oaks PUD is
currentl in the process of platting for Phase I.
Specificll Iv. a portion of the PUD was master planned
for the utilization of the church at the corner of
Woolbrig t Road and Knuth Road. The applicant has
entered into contract with the church who wishes to
construc: on said propertv. In this case. the
construc':ion of Woolbri2ht Road was necessary in order
to prov.de proper access to the church parcel. Now
that thi; road has been constructed. the applicant has
filed a I necessary permits tor the construction of
Knuth Hnad along, the church's frontag,e. The church
wi II th!n subsequently file for a Phase I plat for the
utilizat on of this property. It is anticipated that
the plat should be recorded for the site prior to the
end of 1'~92.
11r'. Chris Cutro
RE: Time Extensions
Pa !l.e ;1.
After having a chance to review this letter. we will be
happy to answer any additional questions which either you or
your staft may have. would appreciate your outlinin~ the
proper proced re requirements for obtainin~ said time
extensions. As you can see from this letter. these time
extensions should be adequate to allow for the resolution of
the issues contained within each proiect.
Sincerely.
Kieran J.
KJK/lsk
c. c.
Mr. Bill
File:
Fi Ie:
F i Ie:
inchester
.5
79. .8
79~ . 10
,rr1ie City of
" <.Boynton ~eacli
P!anning &
100 'E. 'Boynto
P.O.
'Boynton 'Buuft.,
(407) 738-7490,
.119 'Dtpart17Unt
'Bta&. 'Boufevarrf
0;1(310
loritJa 33425-0310
~: (407) 738-7459
May 28, 1992
Haney Frakes
Assistant County En ineer
Palm Beach County E gineering & Public Works
160 S. Australian A enue, Airport Hilton Centre
West Palm Beach, FL 33407
RE: Credit for Roa Construction in Lieu of Payment of Impact
Fees for Knuth Road (Link between Woolbright Road and
Bounton Beach oulevard)
Dear Mr. Frakes:
Pursuant to Section
FAIR SHARE CONTRIBU
writing to clarify
the City's Thorough
receive the credit
22-25 Exemption and Credits section of the
ION FOR ROAD IMPROVEMENTS ORDINANCE, I am
hat Knuth Road, a major collector shown on
are Protection Map will be entitled to
or Impact Fees provided for in the Ordinance.
Attached you will f'nd a copy of the adopted Thoroughfare Plan
Map for the City of Boynton Beach. Knuth Road is shown on this
map as a collector acility from Woolbright Road northerly to the
Boynton Beach Mall. Additionally, both the City and the County
approved new alignm nts for the north end of Knuth Road several
years ago to allow or better utilization of this road as an
alternative north/s uth collector serving the Mall. (The new
alignment provided or the north terminus of Knuth Road to align
directly with the w sterly entrance to the Mall.) The road has
always been envisio ed as an alternative to Congress Avenue which
is at this time the only north/south arterial in the area.
Currently, a portio of Knuth Road is constructed south of
Boynton Beach Boule ard. In the past, because Woolbright Road
did not exist betwe n Congress Avenue and Military Trail, the
remaining construct 'on of this link was not a priority. However,
now with Woolbright Road open and operating with significant
traffic, the constr ction of Knuth Road would clearly be
desirable and warra ted.
"
JImema s (jateway to the (julfstream
Haney Frakes
-2-
Hay 28, 1992
currently, there ar two projects which have received approval
from the city which in addition to having frontages on either
Woolbright Road or oynton Beach Boulevard, also have frontages
on Knuth Road. As art of the development approval process, the
City wishes to have either one or both of these projects complete
the missing link of Knuth Road. The developers of these parcels
have requested clar'fication as to whether impact fee credit can
be obtained for the construction of Knuth Road which is not
directly related to the need of the project pursuant to Section
22-25 of the Road I pact Fee Ordinance. Based upon my reading of
the ordinance and t e definition of "a major road network
system", I believe hat Knuth Road should qualify as the major
collector road whic is envisioned in this Ordinance.
Additionally, becau e Knuth Road will provide the first westerly
north/south alterna ive to congress Avenue, it should provide
relief and therefor additional capacity for Congress Avenue as
well.
I would appreciate
say, we expect that
of the Ordinance wi
scope of constructi
consideration.
CC:cp
Enc.
A:Kilday
our response to this letter. Needless to
we would need to meet all of the requirements
h respect to procedures, cost estimates, and
n activity. Thank you for your
Sincerely,
~~
Christopher cutro, AICP
planning and Zoning Director