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REVIEW COMMENTS CITY MANAGER'S OFFICE I CITY OF BOYNTON BEACH ~~-t.. TO: T-tm"'~t1fiOh"'-'''''" DATE July 9, 1990 DEPARTMENT Planning Department APPROPRIATE ACTION [] EVALUATION/RECOMMENDATION [] FOR YOUR FILES [] o o o FOR YOUR INFORMATION NOTE AND RETURN OTHER ACTION DESIRED PRIOR TO SUBJECT: Comprehensive plan Amendment-Boynton Nurseries Attached hereto please find a copy of a letter dated July 2, 1990 from the Florida Department of Community Affairs, Division of Resource Planning and Management, directed to Mayor Gene Moore notifying us that DCA has completed its review of the proposed comprehensive plan amendment (involving Boynton Beach Nurseries) for the City of Boynton Beach as stated, the Department notes it had no objections, recommendations for comments, pur- suant to Rule 9J-ll.Oll, Florida Administrative Code. Further, upon receipt of this letter, the City has sixty (60) days in which to adopt the proposed amendment, adopt the amendment changes, or not adopt the amendment. I would ask that you please "put the cart" in motion by implementing the process for the adoption of this proposed amendment to the City's local Comprehensive Plan, pursuant to the appropriate statutes and codes. Upon the development of a plan of action I would ask that you please advise this office of proposed schedule for this proposed comprehensive plan amendment. Thank you in advance for your prompt attention to this matter. _ ) -P=--=--:-7- ./..----' .--/-~~/ J./Scott Miller City Manager JSM : j c Attachment cc: Mayor and City Commission Itl~CEI\T[l) .JUt 1 0 I JY, PLANNING Ot_I'r. " RESPONSE: Response is contained within attached Planning Department Memorandum No. 90-226. Date (Action Completed) 7/10/90 ~-"/' ~/ J;I ,/ Signature <}/Z"11, / {d~h1..[--- ( TIM THY P. CANNON PLANNING DEPT. MEMORANDUM NO. 90-226 THRU: J. Scott Miller, city Manager Timothy P. Cannon, Interim Planning Director ~C James J. Golden, Senior City Planner TO: FROM: DATE: July 11, 1990 RE: Boynton Nurseries - Comprehensive Plan Amendment In response to your memorandum dated July 9, 1990 concerning the above-referenced plan amendment, the proposed schedule for the adoption of ordinances is outlined below: July 17, 1990 First reading of ordinance to annex. August 7, 1990 First reading of ordinances to amend the Future Land Use Element and rezone. August 2l, 1990 Second reading of ordinances to annex, amend the Future Land Use Element and rezone. By copy of this memorandum, I am requesting that the City Attorney prepare ordinances for first reading of the ordinances to annex, amend the Future Land Use Element and rezone. The ordinance to annex must be advertised for four consecutive weeks pursuant to Chapter l71.044 F.S. The Planning Department will prepare a map advertisement which is required for the land use amendment prior to second reading. The map advertisement will be forwarded to the City Attorney for review within the next several days. Attached you will find a copy of the recommendations from Walter H. Keller concerning the changes to the applicant's traffic phasing schedule. These recommendations should be incorporated in the ordinance to rezone to PUD. Please contact me if you have any questions or require any additional information. 9~ Q tJ //,<, ,:.t..... J. GOLDEN JJG:cp Encs. cc: City Attorney City Clerk Roger Saberson ~---- -.---.---- ---- Walter II. _..eller Jr., Inc. TRAFFIC lit TRAN!,;l'on.-rATION . I'LANNING . ENGINEF:IUNG . lAND DEVEWPMJl:NT May 3, 1990 Mr, Timothy Cannon, Acting Direclor Cily of nOYllloll Beach PI:lI1ninl! Pepal tmenl 100 East Boynton Beach Boukv:lJ(1 l1oynton Beach, Florida 33425.rn I 0 Re: Trnrfic Impac' Rcview - Boyn'on Nurscries PlJl) Alln: Mr. Jim Golden Dear Mr. Cannon: Per the City's request the proposed phasing plan for the Boynton Beach Nurserks PUt) has heen reviewcd. The proposal h:1S been reviewed for conformance with the Palm Beach Counly Trallic 1\:rfol"ll1:lI1ce Slandards in effecl at (he time of submittnl. The proposed phasing of the Boynton NlII'serics PUD should remain within I % of overcnpacity roadways until such time as those roadways arc improved is in Conformance with the Palm Beach County Traffic Performance Standards. However, h:lsed on Ihe Applicant's traffic study the phasing schedule should be revised. The following schedule is applicable: The sill' may generate up to (11 ryo of total Irips (2,()()()) before improvement is required on Congress Avenue from NW 22ml Avenue to Old Boynton Road. · The site may generate up to 70% of tolal trips (2,:~()()) before improvel1lent is required on Congress A venue from Old Boynton Road to Boynton Beach Boulevard. The site may generate up to 79% of total trips (2,624) before improvement is required on Old Boynton Road from Knuth Road to Lawrence Road, The sile l1lil)' generate up to R4% or lolal trips (2,760) before improvelllent is required Oil Boynton Beach Boulevard frolll Old Boynton Road 10 [-9.'1, Note this phase is hased 011 the ^pplieant's assignment to Old BOYllton RO:ld and Boynton Beach Boulevard west of Old Boynton Road and a I WliJ drop-olf ratc. [f you have any qucstio . please contact me at (305) 732-7844. s:1zQ ~~r H. Kelle,.lJr.. rE. AICr President RECEIVllD ~ \9 liMb I~N'NG t\?i[.f>Tf.. - - 10211 W. SAMPLE ROAD, SUITE 204 · p.o. nox 97110 COnAL SPRINGS, FLORIDA 33075-97110 (305) 755.3822 . (407) 732-7844 IPnlm Bench) MEMORANDUM TO: Delfin Menendez, M.S.M. Design Group TO: Roger G. Saberson, Attorney at Law FROM: Tambri J. Heyden, Assistant City Planner DATE: February 12, 1990 SUBJECT: Boynton Nurseries PUD - Rezoning Request - File No. 385 The following comments are offered by the Planning Department after review of the revised master plan submitted for the prehearing conference for the above-referenced rezoning request: 1. It is both desirable and possible for the 80 foot collector road to be dedicated as a public right-of-way consistent with the City's Comprehensive Plan, Policy 1.3.8. Public streets provide continuity with the existing street network in the City, promote safety through alternate routes during utility repairs and emergencies, enable public convenience (particulary for City services) and encourage better social attitudes within the community. Public dedication of this collector road is consistent with the Subdivision Regulations and will not encourage through traffic as the collector is a loop road. A disadvantage to having private streets is that future road maintenance costs are seldom projected by home owners' associations who must maintain them. The City has been approached on several occasions by home owners' associations responsible for maintaining the private streets within their development to pursue dedicating their streets to the public, long after the development has been established. 2. State the maximum number of duplexes feasible if duplexes are desired as an option on pod C. 3. The aerial submitted does not meet the requirements of the tree preservation ordinance. After discussing the existing conditions of the natural habitat with the City Forester, Kevin Hallahan, it is apparent that the preserve areas shown on the master plan no longer depict the most desirable micrositings to preserve. This will most likely affect the layout of the local street and single family pods in the southwest portion of the project. These chan~es should be TO:" Delfin Menendez & Roger G. Saberson -2- Feb. 12, 1990 reflected on a revised master plan. Comprehensive Plan, Policy 4.4.1., 4.4.2. and Code of Ordinances, Chapter 7.5, Article I, Section 7.5 - 6 and 6.1. 4. Master landscape plan still indicates preserve areas as parks. 5. Add note that the private recreation area will be completed within one year of approval of the first plat. Rule 9J5.055 F.A.C. 6. Because the internal setbacks and lot layout for the single family pods and duplex pods are not specified en the master plan due to speculative development plans for the project, a master plan modification will be needed for these pods prior to platting. 7. The bike path/sidewalk along Lawrence Road abutting the project frontage shall be bonded with the first plat and constructed concurrently with building construction. Appendix C, Article IX, Section 11. 8. The pedestrian connections to be provided to Palm Beach County School IIp'', including ample signage and signaliza- tion, must be coordinated with Palm Beach County's Traffic Engineering Division. It is recommended that the applicant post a bond for 50% of the cost of pedestrian signalization at the time of platting. 9. It should be noted when designing the street layout in each pod, that the Subdivision Regulations, Appendix C, Article X, Section 10(D), limit dead-end streets that terminate with a cul-de-sac to 1,320 feet in length. 10. The number, size, type and location of the 5 recreational elements to be provided to meet 1/2 credit needs to be specified. Appendix C, Article IX, Section 8(F). 11. The remaining 3.375 acres required by the Subdivision Regulations for parks and recreation are needed in the northeast corner of the project for a neighborhood park (public) to meet the level of service (L.O.S.) for parks and recreation in this area. The Comprehensive Plan (Policy 5.5.5.) requires park dedication of 6 acres/l,OOO persons. The private recreation facilities to be provided satisfy the 2.5 acre/l,OOO population L.O.S. for neighborhood facilities but not the total park dedication requirement of 6 acres/ 1,000 population. In addition, the City typically builds recreational facilities such as baseball fields, basketball courts, playgrounds, etc., that are not typically provided in private recreation areas. The Comprehensive Plan has levels of service for all these types of facilities which require land on which these facilities can be built. TO:' Delfin Menendez & Roger G. Saberson -3- Feb. 12, 1990 Since the minimum size required for a neighborhood park is 5 acres, the 3.375 acres required from Boynton Nurseries and an anticpated 2 acres that will be required upon annexation, land use amendment and zoning of the Knollwood Groves property directly to the north, would be the last opportunity for the City to acquire, by dedication, enough park acreage to build a neighborhood park in this vicinity of Lawrence Road. The location of the remaining 3.375 acres in the northeast corner of the PUD, right on Lawrence Road, not only minimizes intrusion into the PUD, but would enable the combination of the acreage with park dedication in the southeast corner of any future development of Knollwood Groves to meet the minimum size required for a neighborhood park. 12. In connection with the above, the availability of private recreation facilities to all residents of the PUD needs to be specified. Policy 5.5.3. of the Comprehensive Plan requires that all residents of a project have access to at least a portion of the private recreation areas provided, unless similar public facilities (such as the public park in the northeast corner of the PUD discussed above) are located within a 1/2 mile walking distance. 13. Approval of the rezoning to PUD is contingent upon approval of the annexation, land use amendment and zoning to AG requests. 14. Attached you will find a copy of the comments from Walter H. Keller, the City's traffic consultant, and from Palm Beach County Traffic Engineering Division. These comments suggest that the documentation of the report prepared by Ken Rogers is incomplete. These issues should be addressed and the report resubmitted with the revised master plan. Six copies of the revised master plan should be submitted to the Planning Department no later than 5:00 P.M. on February 22, 1990 for a second prehearing conference to be held at 9:00 A.M. on March 1, 1990 in Conference Room "c" in the City Hall complex west wing. ,/7 J~ TAMBRI J. TJH:frb Encs xc: Central File Bnursrez MEMORANDUM February 2, 1990 TO: Timothy P. Cannon, Interim Planning Director FROM: Michael E. Haag, Zoning & Site Development Administrator RE: PRE HEARING CONFERENCE FOR BOYNTON NURSERIES MASTER PLAN Upon review of the above-mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: 1. The parcel or parcels of property to be dedicated to the single family homes must show lot sizes, building setback lines, proposed common areas, etc. 2. The landscape plan must identify all plantings, meeting the minimum size requirements of the landscape code. u~P/4 ichael E. Haag -, -" ",-..... -..'r.o,............V ....,-, ~D- 1:,', ' -" , ".j' < ., "I' .~: ";1 :~: ~.,.to /...--1 ~~J;.,-~..i. .&...J 5 lOOO PLANi\fil'iG DEPT. . .4\ .. meh:eaf cc:Don Jaeger BOYNNURS.SDD MEMORANDUM TO: JIM GOLDEN, PLANNING DEPARTMENT FROM: W. D. CAVANAUGH, FIRE DEPT. TR8 REP. DATE: FEBRUARY 2, 1990 RE: BOYNTON NURSERIES ANNEX - LAWRENCE ROAD - LOOP ROAD SHOULD BE PUBLIC. 2 - 1900 FOOT DEAD-END SHOULD BE SHORTENED. 3 - PARCELS WITH SECURITY GATES SHALL CONFORM TO STANDARD. (SEE ATTACHED). SHARED RISK/ACCESS FOR FIRE RESCUE - DEVELOPERS SHOULD BE AWARE THAT SECURITY GATES, PRIVATE ROADS, LONG DEAD-END ROADS, AND SINGLE POINT ACCESS ALL HAMPER RAPID RESPONSE OF FIRE RESCUE PERSONNEL. ALL FIRE RESCUE RESP()NSE IS BASED ON "GOLDn~ ~HNUTES". USUALLY ONLY 3 TC;' 6 MINUTES IS THE "v.IIND()W" ALLC)\A/ED FOR OPTIMU~1 RESPONSE. ANYTH1E USED AFTER THIS "WINDOW" IS SHUT DRASTICALLY REDUCES THE CHANCE TO SAVE LIFE AND PROPERTY. DEVELOPERS WHO IMPINGE ON FIRE DEPARTMENT RESPONSIBILITY MUST BE WILLING TO ACCEPT PART OF THE RESPONSIBILITY FOR LOSSES INCURRED. IN MY OPINION, THE CITY SHOULD REQUIRE HOLD HARMLESS AGREEMENTS AND DEED NOTES TO PROPERTY OWNERS APPRISING THAT THE CITY MAY NOT BE ABLE TO PROVIDE OPTIMUM SERVICE SHOULD A DEVELOPER WISH ENCLAVE STATUS FOR HIS PROPERTY. ~~1du~~4u~ FIRE PREVENTION OFFICER I WDC/pg xc; D. Crockett, Deputy Chief File SECURITY GATES AND EMERGENCV ACCESS: The Fire Department continues to have the opinion that security gates are detrimental to Fire and Rescue operations. The minimum performance for security gates is as follows: 1- Gates shall be openable by telephone, with a call from Central Dispatch Center. 2- When the gate is opened by the call from Central Dispatch, it shall remain open until the emergency is over; ,3t which time Centr'a1 Dispatch will be told, by ()fficer' in charge, to close the gate. 3- In case of a power failure the gate shall open automatically. 4 - Ap p r' op r' i ate II H old H a r' m 1 e s s II ,3 g r' e e me n t r' e: d a ma get 0 gates equipment, etc. RECREATION & PARK MEMORANDUM #90-074 TO: Timothy Cannon, Interim Planning Director FROM: Kevin J. Hallahan, Forester/Horticulturist SUBJECT: Boynton Nurseries - Master Plan (Pre-hearing Conference) DATE: February 9, 1990 The applicant will revise the Master Plan showing the three preserved areas of existing Slash Pine trees. Cliff Leisinger, Delfin Menendez and I walked these areas to evaluate the sites as good examples of native ecosystems. Three major occurrences have impacted the areas resulting in a loss of natural habitat. 1. A very hot, crown fire in the SW corner of the property destroyed many trees in one of the three designated preserve areas. 2. Most of the two other preserve areas have been overgrown with Florida Holly (Brazilian Pepper), in sizes almost as tall as the Slash Pine trees. This overgrowth has greatly impacted the preserve areas, destroying the natural ecosystem balance. 3. The landowner recently had most of the Florida Holly removed with heavy bulldozer equipment, causing root damage to the existing Slash Pine trees. This activity occurred throughout the two remaining preserve areas. These activities will reduce the sizes of the preserve areas as shown on the present Master Plan. Mr. Menendez and Mr. Leisinger will be resubmitting a new Master Plan showing any remaining areas which have not been impacted by by fire or Florida Holly. These areas will be totaled to give a number of acres which are preserved. I recommend we re-evaluate the 25% preserve area for this project based on these findings in the field. KJH:ad MEMORANDUM Utilities #90-037 TO: Timothy Cannon Acting Planning Director John A. Guidry ~~ Director of Utilities ~ January 22, 1990 FROM: DATE: SUBJECT: TRB Review - Boynton Nurseries Master Plan We offer the following comments on this project: 1. The water main for the project must be extended from the western terminus indicated, northward along Sun-up Trail to a point of connection with a City water main. Minimum size of the off-site main will be 8" diameter. This intercon- nection is necessary to avoid water quality (disinfection) problems affiliated with dead end lines. 2. At this time, this department cannot assure that reserve potable water capacity exists to service this project. We request that a phasing plan be submitted by the developer, indicating that Phase I of the project will be brought on- line in conjunction with the West Water Treatment Plant's development. Based upon current schedule, we estimate a completion date of new plant capacity as being late 1992-1993. dmt bc: Peter Mazzella $lC'1i IIl;lI~ LL Board of County Commissioners Carol J. Elm.quist, Chairman Karen T, Marcus, Vice Chair Carol A. Roberts Ron Howard Carole Phillips County Administrato Jan Winters February 7, 1990 Department of Engineerin and Public Works Jim Golden Senior City Planner City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33435 SUBJECT: BOYNTON NURSERIES P.U.D. - AMERICAN DEVELOPMENT Dear Mr. Golden: We appreciate your transmittal of traffic impact studies for the above mentioned projects to the Palm Beach County Traffic Division for review. Our comments for each of these projects are as follows: BOYNTON NURSERIES P.U.D. 1) Figure 4 entitled "1993 Total Traffic" in fact represents 1992 Year conditions because the historical traffic growth for 1992 has been used from Appendix C. Since 1993 is the stated buildout year, total traffic should be developed for that year. 2) None of the deficient roadway links shown on page 7 of the report can, in fact, be considered to have committed road improvements at the present time because no type of performance security has been posted. Even if the County agreed to designate impact fees from the Knollwood Groves P.U.D. toward the widening of Hypoluxo Road between Lawrence Road and Congress Avenue, the approximately $890,000.00 woul d be i nsuffi c i ent. No commitment of any ki nd exi sts for improving the section of N.W. 22nd Avenue between Lawrence Road and Congress Avenue. AMERICAN DEVELOPMENT 1) Project traffic assignments were not shown for many roadway segments within the radius of development influence i.e. N.W. 22nd Avenue (east of Congress Avenue), 01 d Boynton Road (Lawrence Road to Congress Avenue), N.W. 22nd Avenue (west of Lawrence Road), Lawrence Road (north of N.W. 22nd Avenue), Congress Avenue (north of Hypoluxo Road), Hypoluxo Road (west of Congress Avenue)~ Hypoluxo Road (east of Congress Avenue), and Boynton Beach Boulevard (Lawre~~e ~9~q~~P Congress Avenue). ~.....":.:.i~ijl 'Y' njQ) .tS 7 '!A~~ Al/.:lj,\,j "An Equal Opportunity - Affirmative Action Employer" PLANNir..G DE~1 BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ~ .. February 7, 1990 Jim Golden Page Two 2) The total of traffic assignments immediately surrounding the site was 2,785 trips per day rather than the total of new impact trips given in Table #1 as 3,027 trips per day. 3) Even with the intersect ion improvements for Congress Avenue/N. W. 22nd Avenue and Congress Avenue/Hypoluxo Road, these two intersections barely operate at level of service "0"/87% saturation (89% saturation is LOS "E"). Palm Beach County Traffic Division does not consider either the link or intersection component of the Traffic Performance Standard to have been met in this particular case for Congress Avenue between N.W. 22nd Avenue and Hypoluxo Road. No assured construction or other development order conditions address the deficient link of Congress Avenue between Miner Road and Hypoluxo Road. 4) Significant project traffic is shown on the overcapacity link of Boynton Beach Boulevard between Old Boynton Road and Interstate 95 on Figure 2. No assured construction is proposed to remedy this situation. 5) Since it is proposed for American Development traffic to share the north Catalina Center access onto Congress Avenue and the unsignalized intersection analysis suggests that this intersection will not operate satisfactorily, it is recommended that the median break on Congress Avenue be modified to accommodate only left turns into the site from Congress Avenue. Left turns out of the site to northbound Congress Avenue can use the existing signalized Catalina Center/Motorola intersection to the south or can use N.W. 22nd Avenue to access Congress Avenue. Because the north Cata 1 i na Center entrance is too close to existing traffic signals at N.W. 22nd Avenue and the Motorola entrance, it is not appropriate for signalization. 6) Given the heavy concentration of commercial land uses along this sect i on of Ciongress Avenue, it is vital that an adequate roadway system be in place concurrent with traffic demands. To assure that roadwork is done in timely fashion, performance security and time certain provisions should be included in the development orders. 7) Safe and adequate access should be provided to developments from Congress Avenue. It is recommended that the City reconsider its action regarding access to the residential neighborhood behind Catalina Center. Unless a median break and left turn lane on Congress Avenue is provided to the access road just north of the Boynton Canal, dangerous U-turn movements will continue along Congress Avenue. February 7, 1990 Jim Golden Page Two Please let me know if you have questions concerning these comments. Thank you again for the opportunity to assist you in review of these projects. Sincerely, , OFF I ~~:" COUNTY }'~~ft9 ' ~~4 '<-1 ~-r"l/~-:) _~Ilan A. Ennis, f.E.', AICP Development Review Engineer Traffic Division AAE : j r Fil e: General "Traffi c Performance Standards II aae\american PLANNING DEPT. MEMORANDUM NO. 90-231 (AGENDA MEMORANDUM) TO: J. Scott Miller, City Manager THRU: ,/V Timothy P. Cannon, Interim Planning Director FROM: James J. Golden, Senior City Planner DATE: July 12, 1990 SUBJECT: Boynton Nurseries - Annexation, Future Land Use Element Amendment and Rezoning As outlined in the attached correspondence to the Mayor, dated July 2, 1990, the Florida Department of Community Affairs has notified the city that they have no objections, recommendations, or comments concerning the above-referenced Comprehensive Plan amendment. Therefore, the City has 60 days from receipt of the correspondence in which to adopt the proposed amendment. The recommended schedule for the adoption of ordinances is outlined in attached Planning Department Memorandum No. 90-226. The above-referenced applications were submitted to the City in October, 1989, for public hearings in December, 1989. The applicant originally requested AG (Agriculture) zoning as a temporary zoning category to allow sufficient time for the preparation of a subsequent app;ication to rezone to PUD (Planned Unit Development). The application to rezone to PUD was approved by the City Commission in February, 1990. /9;[. Ji{L GOLDEN JJG:frb Enc cc: City Attorney City Clerk Roger Saberson ~ A:PM90-231 PT.MItITNG DI':!"I'. MEMOR1\NDIlM NO. 90-7.26 'I'() ~ .T. Scol't' Nt' 1('1', ctt-y Mi'lni'lq(,I' FRON: Timothy P. Ci'lIlIlOIl, Inter,lrn PlMlllllIC( Dtrector -'-('1 ,JilIl10!": .J. Goldcll, SCld,or city Planner TmHl: P1\TI': ~ ,J \11 Y 1 t, 1.'1 <1 0 RE: Boynton Nurseries - COll1prehensive Plan ~nendment 111 1'0~pnlls(, t-o YO\lr m"'II1(Hi'lIl(1ulI1 d"lt-cd ,July 9, 19'10 concerning the "hnv('-r"f"t(,IlC('d 1""" "1!1" llrll!1(, II I' , lhp. J"'opor:(~rl s(:II('oll1.o for the iH10pl I all of orrllll,'"c"S is outlilled belO\'J~ Jtl_l_L,U_,_I_~'10 FJr!":t rCi'ldinq of ordinAnce to i'lnnex. ~l!g_~~-.!2 FJ t!":t reilding of ordln,'llccr: to i'lmend the Future l,:!nd Use Element i'lnd rezone. ~W_g,~I3_~~l,L_l~_ 90 ;,ccollr1 l'cilding of on1 i.ni1llces to annex, amend the Future Land Use F:] ('me 11 t and re 7.c.'lle. ny copy of thi.s mrll1rJri'lllrlllll1, I i11n rrqu('r:t-illg t'lnl the City ^! !-Ol Ilry pI "l'ill(" 01 d i 11,'11(:(",0-: for flr!":t !",,(li 11'J nf the nrdlni1nces t (J ,'IHI("X, i'ltn(,,1lC1 the FllluJ 0 !.i'llld US(~ ElCll1rllt i111(1 1'''7.one. Tho ('I d i lli"'CO to "llll":~ mur:t h(~ i1r1vrrti!":ed fOl' [n\lI' consecutive weeks pUt'SUi'lllt to Ch,'pt-Ol 111.011 F.S. 'I'll" rl.'llni.Il'J I1rp,'1110('IlI' Hi J I plJ'l'ino i'l 111,'1' i1<1\!I'1'I' i ;,ornrllt Hhlch ,i;, I "'(lu1 tr'(l f(", 1 11" ] i'lllrl 11.":(' i'lm0I1dl11~lIt pI' j nJ 10 r:"'r.Ollrl J:cading. Tho l11i'lr ,,,1vrrl- i ~(,l11rll!- Hi 11 11" fnlWindr(1 to tho City 1\1 torney for If'vif'1-l t",It-hill Ih" Ilf'xt "-:I"vf'lal di1Y~. ^!-L1Ch"d you l'li11. fi'l(l i'l copy of the rrc()ll1In('n(1'1ljotl~ fl'om Walter fl. 1-:('110) corwPll1inq Ill!' chi'ln'ler: to thr i11'PJ 1(:;1111'~ lr,lf(ic !'11,1~.i nq schf'<1I1.1I". TIH~~f' u:!coml11clldations shoul(l be incorporated in th(1 ordilli'lllCf' 10 1"C7,onl" to PU!)' F'loilsc eonti'lr.t 111(' if ynll have any questiolls OJ: l:oquire any additlonnl inforrn;'ltloll. f~".; I /~: (! (~~ -0- J1\~S.J: GOLDEN .:1,JG: cp Rnes. cc: City 1\ttorney Clty Clerk Roger Saberson . . MEMORANDUM January 3, 1990 TO: Betty Boroni, City Clerk FROM: James J. Golden, Senior City Planner RE: Two Applications for Rezoning Accompanying this memorandum you will find a copy of the application and supporting documentation for the following rezoning application~: 1. Boynton Nurseries (AR to PUD W/LUI=4) 2. Target Shopping Center (PUD w/LUI=5 to C-3) Also included are checks in the amount of $1,200 and $1,000, respectively, to cover the review and processing of these applications. The Target Shopping'Center application is missing the property owners' affidavit and documentation verifying that Richard Ade is in fact an officer of American Development Corporation. These items will be forwarded to your office upon submittal to the Planning Department. Please advertise these requests for a public hearing before the Planning and Zoning Board at the February 13, 1990 meeting and before the City Commission at the February 20, 1990 meeting. ~y-~ ES ;p. GOLDEN JJG:frb Encs -._'.':~"-::":'~_ffi'TI:C:r..;' . -~ -:'2.~:::J:~:~~-",:;:._-,:.2iY:!..uL!lllln).r.~~",..-.J.T.~ f.""' ".-.. .1?WI." '--'--', ., MEt-'lORANDUM '":.. THRU: Raymond Rea, City Attorney J. Scott Miller, City Manager ~/. Timothy P. Cannon, Senior City Planner l L/ TO: FROM: James J. Golden, Senior City Planner DATE: January 5, 1990 SUBJECT: Boynton Nurseries Planned Unit Development - Unified Control Accompanying this memorandum you will find a copy of the application, legal documentation and survey for the above-referenced rezoning to u Planned Unit Development. .~ Please review this request for consistency with Section 6 of Appendix B of the City of Boynton Beach Code of Ordinances, requirements for unified control, and provide our office with your written comments by February I, 1990 for incorporation in the pUblic hearing proceeding3. !J:=JJ~ ~n JJG:cp Encs. MEMORANDUM TO: Betty Boroni, City Clerk FROM: James J. Golden, Senior City Planner DATE: January 9, 1990 SUBJECT: Boynton Nurseries - Rezoning to PUD Accompanying this memorandum you will find a copy of correspondence from Jeffrey Pheterson which expresses some concern regarding access for the above project on behalf of the Trail Bend Homeowners' Association. J:;; t,~ JJG: frb Enc .: '~..!,!~-;r':-:"~[CL, "~.:'> :~--'.~:':':":.-:~'._:.-:~:':'..!';:,:":...:.";::::':::L ~.-..~". "'c.~''''r;-~ . ------'--...~~ . ~-----""'~---'. -::,-':--:-::=_~~,:'~-4'.uI.I'--:--" LAW OF'F'ICES SCHMIDT Be PHETERSON 400 SOUTH DilliE HIGHWAY THE ARBOR. SUITE 420 BOCA RATON, FL.ORIDA 33432 PETER H, SCHMIOT I. ,JEF'F'REY PHETERSON TELEPHONE (407) 394-2700 BROWARO 428-0433 January 2, 1990 Timothy P. Cannon Planning Department City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Cannon: It is my understanding that the owners of Boynton Nurseries have filed an application for a planned unit development regarding the property on Lawrence Road which was recently annexed by the City. Subsequent to our conversation on Thursday, December 14, 1989, I have spoken with Mr. Menendez of MSM Design Group regarding the plan submitted to the city. After these discussions, and after consulting with a number of residents of the properties in the neighborhood to the west of this PUD, I believe it is the general consensus of all concerned that it would be a serious mistake to require a western access for vehi- cular traffic onto Sun Up Road from this PUD. The plans originally submitted by MSM Design Group reflected a cuI de sac in the western portion of the PUD. Based upon a pre- liminary review of this plan, I understand that the planning staff of the city requested a western access, whicH request has been incorporated into the plan now submitted to the City. Requiring this access would be detrimental to the character of our existing neighborhood and we would respectfully request that the planning department and the City reconsider this requirement. The homeowners on White Feather Trail, Old Military Trail, Sun Up Road and Redding Road comprise the Trail Bend Homeowner's Association. Our neighborhood is currently zoned agricultural residential in Palm Beach County. We have carefully maintained a quiet, semi-rural setting. opening a western access onto Sun Up Trail will have a devastating effect on the minimal traffic flows RECEMD JAN 3 1990 PLANNiNG DE~flo ~ 1 " ~ "___~'_--~_~~ _.. ~"_.__~...~.!_~,;Y..!,!_VU7~-.r__~~_"": - - -'-~__-,-_,-,--,-,,_____._!~~~!"~~"~.!:,~_~_~:"2:' __~~,~""_':__ .___ _.....__..___ . ~ - '" ~ Timothy P. Cannon January 2, 1990 Page 2 currently experienced by the residents of the Trail Bend area. This quiet, lightly trafficked area is currently enjoyed by fami- lies with small children who ride bikes and walk on Sun Up Trail, White Feather Trail and Old Military Trail. The addition of this traffic, even if restricted to residents of this PUD and their guests, would virtually eliminate what little tranquility remains in our neighborhood. I understand that the requirement of a western access is a pre- ference on the part of the City planning staff, not a mandatory requirement of your land use code. You advised us that the pre- ference is based upon a desire to have increased access for police and fire protection, as well as secondarily for sanita- tion. However, western access for these purposes could not be controlled. Any concerns about these services can best be addressed using the other arterial roads in the area. On behalf of the Trail Bend Homeowner's Association and residents of the Trail Bend Area, I would offer to meet with the City staff regarding these potential concerns. We would like to preserve the integrity of our neighborhood and work with the City and the developer to accommodate all legitimate concerns. We would like to meet with representatives of the fire, police and sanitation departments in an effort to reach a mutually acceptable resolu- tion to these issues. Please contact me or Bob Taylor as to how we can best work with you to resolve this matter. Sincerely, IJP/sb cc: Robert Taylor Delfin Menendez SCt;.MIOT Be PHETERSON ATTORNEYS AT LAW BOCA RATON, FLORIDA '~~.;g!...~.~I?l7r;EE- ~._' '''-;,",:~-:---:',7''-'---:~-''''-:.!'L" '~.ic.,~:t.".:..~;~::':~::-",--T~ .i~~_~cq-:r:!..~_';~ .... -- .. MEMORANDUM ---------- January 12, 1990 TO: James J. Golden, Senior City Planner THRU: Timothy P. Cannon, Interim City Planner FROM: Raymond Rea, City Attorney RE: Boynton Nurseries Planned Unit Development In regard to the above entitled matter, I have reviewed your Memorandum and attachments and find it does meet the requirements of Section 6 of Appendix B of the Code of Ordinances. ~~~ RR/r RECEIVED- JAM 12 1990 PLr.NN~:~G DEPT. MEMORANDUM TO: Mr. Tim Cannon Acting Planning Director DATE: January 12, 1990 FROM: Betty S. Boroni City Clerk RE: Planning & Zoning Board Meeting of February 13, 1990 Forwarded herewith please find copies of the following rezoning notices scheduled to be advertised in The Post on January 28 and February 4, to be mailed today, and to be heard by the Planning & Zoning Board on February 13: Boynton Nurseries Rezoning American Development Corp. Rezoning The other notices for the February meeting will be advertised in the Boynton Beach News on January 25 and will be forwarded in the near future. B~djd~' BSB/smk Attachments cc: City Manager 1;7' ..i;.:'~""~ . ~~.....-."., \, ",M ,..~'i.i.(,r~ 1~; {T- PI !It,l '. " "-- L.J"1~ i ~ {~ ~, ~ l:;, .1~.' J" """_ MEMORANDUM TO: Raymond Rea, City Attorney THRU: Timothy P. Cannon, Interim Planning Director TC FROM: James J. Golden, Senior City Planner DATE: January 17, 1990 SUBJECT: Boynton Nurseries - Rezoning Applications The property owner originally submitted an application for this project to rezone to AG (Agriculture) which was approved by the City Commission in December 1989. The zoning change to AG (second reading) is scheduled to occur in Mayor June pending review and approval of the land use change by the Department of Community Affairs. In the meantime, the property owner has submitted an application for rezoning to PUD which is consistent with the Low Density Residential land use category which was approved by the Commission in December 1989. With respect to the above, attached you will find a copy of the legal advertisement for rezoning from AG to PUD. Considering that the rezoning has been advertised from AG to PUD, instead of AR to PUD, should there be an ordinance to rezone from AR to AG and then a subsequent ordinance to rezone from AG to PUD? ~t.d ES,P. GOLDEN JJG:frb Enc 01/17/90 ,\XK'~.;.x,', : :.r~. 'S.:.__ . ~__:_~~~~~~~:':"',~~_:.:.__'_r_"_:~~:~:~r ',---,,-:,_-,--;:,"~:~;i::~_.._,_:_,_.t-,.*o..--,_-,--,,~___~..r!:__ ' __'.. :. ";~:".., ,I',';',,-J' , "Vi.-'; 1 I r (, , ~~ ;:," 'I i. 'i ~ '"< j':, ' l. ',') I,~ ' ~:' l...i t) 11 t Ci F :':, ::.1 l.,~l r ! .'~ c ;'. " I:' ['; " Ed Allen Chief 407/738-7431 ,-~, F ('I F' ,-:;:~ i, ~:;' ~: ,'T L I BOYNTON BEACH FIRE-RESCUE DEPARTMENT 100 E. Boynton Beach Blvd - P.O. Box 310 Boynton Beach, FL 33425-0310 ~1,f:"~JL&AHR ihilir~, ,! r j,,'j ''":'i ~i I.,. () I::: '.J I:-'! ,.0. j') ;',J, T i'.J 1'~'1 Cl r :-::' T ~ 'i'" J I T /',11 r I , i'r',~/\:~II~~H1 FJ~'r CI ;W V' 'f . ,)( 1'1 '~'i'1 r) I! F: ^,;:: i'~ I ~" -: -:.,;') (.J C.r;\ T T '-'I'I ,.I ", I".i ! I /" F:i -, c, 'I::: ':' ~"i D. Crockett Deputy Chief 407/738-7435 ;\ ;:'! 1["', :; (, V,/,:\ '/ , , '['" ~! ) 1'1 c,,' ,',', ',::', ", ,',~' I,.... ""j ',=::' I~.l :,~: ~:" I (.If'J CI F T I"-j E i:) f:~ .~: J i::~!" f I, ':"'..' F>..;/\ j :' ".. I ':('1'.)1'), ,:1'I"I!') \4r.-,'H ,:'" i' I'iTLTTi\F'l TF/,IL '31-1,"1,'1.,:', /1.," ",r, 1 I:, i1"',:- i 'I :-11' "f:T':,iJT r Ilk'l i'~I:; FT~'r F:: ( /' Co ,; " [' i II ,1;:1 or (') t J /\ F' : ::, ',( T ,-, C ,'''' [' L 'i l.' i 1"'\ r ri E t~ T T1<1r(:,!: T.t\,i'JT T'~" Tr..f"[ '::: T i..j r.- ;,:~ H r\'C} ::;, ~-1!~------ '1'''/ r l.:, "I ,1-\. i'i [I. ..-: .'~; ',l /\ 1'\ L~ U I,:! ,.,.; , r. L F' i r- F' i~ ;/ /~ I\J T T. Ci (J CI F F T :'~; F e V.,I r I :,~. r' !_! '~,' C, " ),' k,~i-t , F i ~) ~:: (.1 :;.~ r. .1 t.... I~. 1"'1 I 0 f ~l) "AN 2~f~~'1. PLA'~' NNIN~ p,._ -----.:.::::- 1 {"t ~ F F"':'fl , I" E : L) ("TC ~ ~t~,~_qg AH~Q,~JI~I, , , I 1'1 ':, ( , I, [, r: (,I PI" 1\ rJ () I f.) ,; [, [" P r ',hi J L I, 1 /'.i'i CO, ,P ,L, "/;-\ I, /, II :~: 1,1, F r F: r [, [:' T p, ,', \/ t.) T "If.! II I, ,:':, E ::,' T F '::, J.\ri i'i E :i /\ T 1. 'AI i /\ i"~! II !J. F' 'y' "\ '^, 'i ::,':,: 0 F: ::~ I, ':', I::' C I ~~; ;: Cl L ;~='!!, O~I i~" F:' (:1 ,\ 0 I (.j T i"\ C C .,~ t.:-, 1 r: r: i'-J P ....) F' T ('I i",~ <:1 F T f'''l F j:' :), l f':: (~ T ",H')II!l' F'l ..:, r'Ut',[ Ti, \,,/:' r~' t' . r~ 10".1 ;".j ::-:.1 1':0 ; ".' I 1 -. T " 11.',/ i ) 1,-. / : ..' ';~\ I.,:::' " 1\ >:,j'H.)['~Tli-,ii '-".tIT'1 "'I[ j'.'j;'LlrJ.\F'i TI/\1I, ,\10 LC,\L::,C' p,!: M/\DE i" ,',' ',-:' :',[ T i"II~ ,', ,:' T Llj T C, I iii, 1 r j ':: F' T ;,' I I', C F' L F: '11'/1 ! I) T f"" ~\ f.' I' C' .(, ( ~- i, L. C t f- I T Ill: :~ (', /\ i,: T Ii (;!! [ :, T, ,) (,) L, ,,:.: r:1 T I:: i 1"\ I' L 'i T !'1I ',:) ;:;' ~' .., r) T T ':.' r H T 4d;;~ 44. ;_~__~ ~f ,',,i,IIIIC\.r'-'1 I,'. ','/\/,',1""::',,:':,1,, ~ FIFe FC: iTf.ITl~'i'l ')FF'I( I:' T . ""'; I I l~" i'~ t ~ ,-h,<t" , ,. j~! U t MEMORANDUM TO: Mr. James Golden FROM: Lt. Dale Hammack RE: Boynton Nurseries DATE: January 22, 1990 As per our previous discussion, I am recommending the following: 1. The connector road to Old Military Trail could be dead- ended with a cul-de-sac as long as emergency access is available from Old Military Trail with a stabilized base such as open pavers. (Public Safety) ~f)atJ L . Dale Hammack DH/cm RECREATION & PARK MEMORANDUM #90-032 TO: Tim Cannon, Interim Planning Director FROM: Kevin J. Hallahan, Forester/Horticulturist SUBJECT: Boynton Nurseries - Master Plan DATE: January 22, 1990 This memorandum is in reference to information the applicant must submit during the review process. 1. Preservation of 25% of native habitat (Slash Pine ecosystem) with management plan document (Policy 4.3.7, pg. 67). CD The applicant submit a rating for the site as a "sensitive land" location (Policy 4.3.4, pg. 67). 3. A flora and fauna survey of the existing site (Policy 4.4.1, pg . 68). 4. Littoral zone/native upland vegetation detailed management plan for all lakes (Policy 4.4.4, pg. 68). 5. The Master Landscape Plan depict a minimum of 50% native vegetation (Policy 4.6.5, pg. 70). 6. A tree survey of all trees over 4" in diameter on the site, comply with Tree Protection Ordinance. ~~ ~ tI:~f~ ~ vin J. Ha lah orester/Horticulturist KJH:ad MEMORANDUM TO: Delfin F. Menendez, M.S.M. Design Group TO: Roger G. Saberson, Atty. FROM: Tambri J. Heyden, Assistant City Planner DATE: January 23, 1990 SUBJECT: Boynton Nurseries Rezoning - File No. 385 The fOllowing are conunents offered by the Planning Department after initial review of the master plan submitted for the above referenced rezoning application. All staff conunents should be addressed on 6 sets of the revised master plan for submittal to the Planning Department no later than January 29, 1990 at 5:00 P.M. The revised master plan will be discussed by staff at the February 1, 1990 prehearing conference scheduled for 9:00 A.M. in Conference Room "C" (west wing City Hall complex). 1. The first point of access to the pods at the project entrances must be a minimum of 3 3 0 feet from the intersecting right-of-way lines of Lawrence Road and the 80 foot collector. Appendix C, Article X, Section 1. 2. Local street connections to collector roads shall be a minimum of 660 feet apart. Appendix C, Article X, Section 1. 3. Since the project does not adjoin unsubdivided land to the west which would need to have the local street through pod A extended to the project boundary, a paved connection as shown, is not needed. Please refer to the I Police Department memorandum concerning an alternative connection to the western project boundary for emergency access. Appendix C, Article X, Section 10. 4. State on the master plan the p.u.d. m~n~mum, peripheral setbacks in accordance with Appendix B, Section 9 (B) , as follows: 25 feet along the north, south, west and northwest project boundaries; 25 feet along the east project boundary of pod B; and 40 feet along the east project boundary of pods C, D and E. 5. The minimum lot size, for similar planned unit developments recently approved in the City has been 6,000 square feet. State on the master plan the . -_..-..._._---------~--~ Boynton Nurseries Rezoning - File No. 385 Pg 2 Jan. 23, 1990 m~n~mum lot size planned for this development. Prior to platting and/or site plan approval for each tract, the Planning Department should be contacted for internal setback criteria. 6. The 80 foot collector road shown shall reflect a public right-of-way consistent with policy 1.3.8 of the city's Comprehensive Plan. 7. If flexibility is desired in pod C with respect to type of units, the master plan must reflect the options desired, including number of units. This information is needed to determine the number of acres required for recreatioddedication. The land dedication calculation shown on the master plan shall reflect a worst case scenario with respect to unit type and the average acreage requirement/dwelling unit required in Appendix C, Article lX, Section 8(B). 8. As discussed in detail in the Recreation Department memorandum, state on the master plan the 5 recreational elements to be provided to receive half credit. The remaining acres required, 3.245, are needed in the northeast corner of the project for a public park in order for the level of service to be met for parks and recreation in this area as required in the Comprehensive Plan. Appendix C, Article X, Section 9(B) and Recreation and Open Space Element of the Comprehensi ve Plan, policy 5. 2.1 and page 2 of the Comprehensive Plan Support Documents, Volume I. 9. The private recreation area shall concurrently with platting of the addi'tion, the private recreation completed within one year of plat 9J5.055 F.A.C. be site planned first phase. In area shall be approval. Rule 10. It is recommended that the single-fam~ly homes be limited to two stories, not to exceed 25 feet. 11. Modify the master landscape plan which indicates that the preserve areas will be dedicated as parks. 12. The Palm Beach County School Board has contacted the Planning Department regarding the I concerns they have with the master plan submitted relative to Palm Beach County School lip" currently under construction on the east side of Lawrence Road. It is recommended that August Hernandez with the school board be contacted so that their issues may be discussed. Boynton Nurseries Rezoning - File No. 385 Pg 3 Jan 23, 1990 13. Provide bicycle/pedestrian paths along Lawrence Road, the 80 foot collector and streets where necessary to link housing pods to the recreation facilities and Palm Beach County School "P". Where possible at this time, delineate the locations of the sidewalks and bike paths on the master plan. Bike ways and sidewalks along Lawrence Road should be coordina ted with Palm Beach County's Bike Way Plan. Apendix C, Article IX, Section 11 and Chapter 22, Section 22-25. 14. Developer to provide bike ways, ample signage and pedestrian signalization where appropriate (Policy 1.11.9 and 2.4.4 of Comprehensive Plan). Yk~: Q. 71, d , TAMBRI J. 41EY~~ TJH:frb Encs BNurser xc: Central File I --::-'n"I')"'.' .... ._--------_..__..::-~~...,. ENGINEERING DEPAR1MENT MEM) NO. 90-033 February 27, 1990 TO: J. Scott Miller City Manager FRa.1: Vincent A. Finizio Acting Assistant to the City Engineer RE: Technical Review Board Ccrnrents Boynton Nurseries Master Plan 1. In accordance with APpendix tiC", Sub:livisions and Platting, Article VIII, Section 4 "Master Plan tI, place on the Master plan the narre, address and telephone nl.IDlber of the Developer, along with the narre and address of the Surveyor responsible for the plat, plan and supporting data. Section 4.C.4. 2. Provide location and narres of the adjacent sub:livision(s), include Plat book and page reference. Section 4. C. 5 . 3. Provide a written legal description. Section 4.C.5. 4. Topographical conditions on the tract shall include all existing drainage ditches, marshes and other significant features. Section 4.C.7. , \.,.,. :> Provide established centerline elevations for all adjacent streets and rights-of-way. Section 4.C.8. 6. Indicate the proposed layout of the lots and blocks. Section 4.C.IO. 7. Provide ground elevations by contour line at intervals of not rrore than one foot based on N.O.S. datum. 8. Provide a generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. Section 4.C.l5. PLANNING DEPT. MEMORANDUM NO. 90-058 (AGENDA MEMORANDUM) TO: J. Scott Miller, City Manager FROM: Timothy P. Cannon, Interim Planning Director DATE: March 14, 1990 SUBJECT: Public Hearing - Boynton Nurseries - Rezoning Please place the referenced item on the City Commission agenda for Tuesday, March 20, 1990 under Public Hearings. DESCRIPTION: Request submitted by Boynton Nurseries to rezone property located on Lawrence Road at L.W.D.D. L-21 Canal, northwest corner, from AG (Agriculture) to a Planned unit Development with a Land Use Intensity=4 (PUD w/LUI=4). RECOMMENDATION: The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments (see attached), with the following modifications: 1. That the hold harmless agreement referenced in the Fire Department memorandum be included on the plat documents and the homeowners' association documents. 2. That the applicant submit a revised traffic study which proposes that the project be phased. The required road improvements will be those which are recommended in this revised traffic study, subject to review and approval by the City. (It should be noted that it will be necessary for the City to bill the applicant for the cost of review of the developer's revised traffic study by the City's traffic consultant) . 3. That the issuance of building permits for the residential dwelling units will be contingent upon the assurance of improvements in the County's five year Transportation Improvement Program or posting of surety for developer commitments, rather than being contingent upon the letting of contracts for the required roadway improvements. 4. That the City Attorney review the ownership documents to determine if the requirements for unified control have been met, pursuant to Section 6 of Appendix B - Planned Unit 'Developments, of-the Code of Ordinances. 5. That the developer be allowed to dedicate 2.84 acres for a public park site instead of the 3.375 acres referenced in Item No. 6 of the Planning Department Memorandum No. 90-053. The developer will make a cash payment to the City equivalent to the value of the remaining 0.535 acres required. 6. That the developer not be required to provide a publicly owned collector road as referenced in the Fire, police and Item No. 5 of the Planning Department Memorandum No. 90-053. The developer is requesting that the collector road be privately owned and maintained by the homeowner's association. 7. That the design of the barrier to be used for emergency access purposes from the west be clarified by the Police and Fire Departments. This information will be provided to the City Commission at the March 20, 1990 Commission meeting. ~7~__,~ TIMO Y P. CANNON , --IJ~Q MEMORAIJDUM 15 March 1990 TO: Jim S~erof, city Attorney THROUGH: Timothy P. Cannon, Interim P1anni~g Director FROM: Tambri J. Heyden, Assistant city planner RE: 30YNTON NURSERIES PUD - FIL~ NO, 385 DETERHINA.TION OF UNIFIED C'JlITF',OL As requested ~y the Planning and Zcninq Eoard 3t their March 13, 1990 rn8eti~g, I am transmitting herewith a C0Py of the appli~ation, legal documentation and survey for the Boynton Nurser::...-=s FVD for further review fOl- consistency I....ith Section 6 of Appendi~ B - city of Boynton Beacll Code of Ordinances. As stated 111 Ll::> ;1'.:tJ.ch2d memorandums, t!~is request H3.S previously transrni t tee', to the fanner ci ty Attorne'{ .J.!ld c1eterm:l.ned to be consistent. rhis request is scheduled to be hEard by the city Commission cn March 20, 1990, therefore, a respo~se is dasired prior to or 3t this meeting. /bj~s Attachments cc: t'Central File MENORANDUM TO: Raymond Rea, City Attorney J. Scott Miller, City Manager ~/. Timothy P. Cannon, Senior City Planner I L/ THRU: FROM: James J. Golden, Senior City Planner DATE: January 5, 1990 SUBJECT: Boynton Nurseries Planned Unit Development - Unifi~d Control Accompanying this memorandum you will find a copy of the application, legal documentation and survey for the above-referenced rezoning to u Planned Unit Development. IJ Please review this request for consistency with Section 6 of Appendix B of the City of Boynton Beach Code of Ordinances, requirements for unified cont~ol, and provide our office with your written comments by February I, 1990 for incorporation in the pUblic hearing proceeding~. k--l. ~n JJG:cp Encs. bQ~Q_Y~~_a~g~Q~~~I_a~QLgB_B~~Q~!U@_JEEbl[QI!g~ City of Boynton Beach, Florida Planning ~nd Zoninq Do~rd This application must be filled ~ut completoly and accurately and submitted, together with the materials listed in Section II belo.1, in two (2) copies to the Planning Department. Incomplete applications will not be processed. Please Print Legibly or Type all Information. I. ~~~~Bab_l~EQB~eIlQ~ 1. Proj ect Name: _Bj)_I~:!IQ.~__~~~SJBl~S_____l?]~~5_~,~~__.e~lL.J?-:.1____-_----.:...------- ~. Type of Applica"tion (check one) x :~ . He:: o:.:.n i nq onl y ~.J . L~nd Use Amendment only .= . Land Use Amendment ~nd Rezoning 3. [),:,te this {4pplic,:.,t.lc,n is. (\ccC?pt~\cJ (to l)E~ filled l:)ut by r:'l~lnninq Departmf~nt) : --------------------------------------------------------- 4. Applic~nt's Name (person or business entity in whose name this ap~lication is made): BOYNTON NURSERIES, A FLORIDA GENERAL PARTNERSHIP LJf\11f5. j)~_ ~ IlLR.B!K~.L.J R ~1..._ M&lAiil Wi J.B R Iti~.Bl__ - --.- ---- - ----- -- ---- --- Ad d r es s : ~~5..?_hJl\'!.R~~~~~.Q~~.____________________ -,----------.----------- BOYNTON BEACH. FLORIDA 33436 -----.-.----.---------------..--------------.---.---.----------------- Tel E-phone t lumb er : (407) 732-2721 -----.--------------------------------.-------------------------..--- ~:; ~ r,g en t ' s, ~l..=une ~ p C!I- ~-:;Cln ~I "if :,.n"/:. I~ l?p rOI?!:i en t. i n q <. p p,.l ~, C :,:\n t ) : DELFIN F. 11ENENDEZ ItS.H. DESIGN GROUP & ROGER G. SABERSON --.---...--------------..----------....----.-..-----....----------.-.---------.-.-------.-.-- Adljn:::ss: ~.~~L~Q~,I~_Q !,~I_~_t!!,~~~ ~.,_,_.___ ____,__.1! Q ._~~~.l_~ ~~~_~J_~ f_~}J~~~-----,---- HESI _J!A l.lt,e..EACl!~, J:WR tD},__ __ :n~9 J _ ___ _ Q~L..R.~ r _ ~~~C~, ~.f l-9~!..q~ __~ ~4.:t.1__ --- F' I. c' n n 1 n q J) c: p ,:\ 1~ t no 1:- n t: 1 - f3 6 paqc 1 Tc~l \?pt-Ione Number: (40]) 659-5701 (407) 272-8616 --..- ---.------- ------.-.....---..- _.. -.- -- ------ ..- - --. - ._.. ..-..------- -."- -. - ~ ..,.. - ....-.--.- --.. o. Property Owner's (or Trustee's) Name: (SAME AS APPLICANT) -----------~-------------_..-.---_._._..._...--------_..------------------------ Addt-ess: -----------------------.--------------.--------.-.---.,.--------.--.--------- -.----------------------------------.-.------..-.--.------.--..-------------- Telephone Number: -------------------------...---------------------------------- / . Carl-espondence Address (i f d if -ten:'nt tt-lan app 1 i can t Dr- agent ~ : 'f (SEND TO APPLICANT AND BOTH AGENTS) ----------------------------------------------------------- --- --_.._--_._-~._------ -- -.----- --..---.------- - ------------- ------ --- * This i5 the address to which all dqend3s~ lctters~ and other mat.er-ials ,.,ilL be iilailel1. 8. f,'Jhi'l,t j ''::: tile -?::'p L I. i:an t;' S 1 nten:=.'::t in the sutJj I~'c:t p'::H-ce!';" (O\l'Jner-, 8uy.~r~ Lesse...:?~ Buildet'.~ Developer, Contr-\ct r'l.wchaser-. 1C:,1:c:.:. (OWNER) 9. Street Address or Lucation of Subject Parcel: 8355 LAWRENCE ROAD, ------------------------.------------------------------.---.--------..------ BOYNTON BEACH, FLORIDA 33436 10. Leqal Description of Subject Parcel: (SEE ATTACHED EXHIBIT "A") ---------------------------------------.-------------------------------- --------------------------------------------.------------------------- -------------------------------------------.-.-------------------------.---- ..__........._. ..._ _~ .__ ._. _... ___._ _ .._. ___.__._ _.______. _____ .__ __ _.__.___ _ __.._.._ __ __ _ _.. _" ._.._ _... ....._._ _.. _._ ....._... .._..._. __"__'_ __ __ 4 _ _ '__._' -----------------------..--..------------.----------------..-......---------..----------------------.----- lL. Ar0a of SubjQct Parcel (to the nearest hundrodth (1/100) of an acrp~: 83.85 ACRES .------------.--------------------------------------------------..-------- Plc'fHll rHJ DE:'partmE~n t 1-86 page ~ 2(). :21. ........, ~...:.... .-,. -:P ":;"._1. II. 1:. Cu.-rent Zoninq Distt-ict: AG (BOYNTON BEACH FROM AR (PALM BEACH CO. ) -_____._ _._.._._ _4 _. _ ... "... .__ __. .... ... ........- _..... ...- - ...- "--- ---..- .------ 13. F'r-oposed Zoning District: P.U.D. - LUI: 4.00 ----------..-----------..-.------..----.------------ 4.82 U./AC. LOW DENSITY RESIDENTIAL (BOYNTON BEACH) CLln-ent L~\nd U'3t? C-:\tegor'",: FROM....3..._LO.w..RES.~.ANU_5...HEOLU.M...RE5,.__h(C.OillITY)..---h,- SAME AS CURRENT 1 .l. 15. Pr-oposed Land Use Category: 16. ll,tend~d Use of S,~bject Parcel: A PLANNED UNIT DEVELOPMENT FOR 400 UNITS (DETACHED AND ATTACHED) WITH PRIVATE -------------------------------.--------..-.....-------..-----------.--------.----.-- RECREATIONAL FACILITIES FOR RESIDENTS USE. ---------------------------------------------..--.------------------------- 17. Developer or Builder: N.A. -----------------....---------.---------.----------.-- ------------------------------------------------.--------------------- 113. Ar ch it ect : M~_~:,!:1..:_Q.~~_!~~_~BQ~~._~~l2._?_~~!.'!_~,~~!E.,_~!~_~_~~~~,_~,:_p..:~,:..'__,.~~~._,_..,.~~_~~}__.... Landsc ape {-h-eh i tee t: T~~_,!:~~_~T_~_~~~Q~'!IE_~9.,.,_!.Q9.,_~~..-~9.~9-~Q.:-,h.~:..~.~,~.:,.!._~!:..~,.:_ 33405 Site Plannet-: t~.S.t1. DESIGN GROUP, 630 S. DIXIE HIGHWAY, W.P.B. FLA. 33401 Ros-sl- &--t1ALAVASi ~ -TriG IN EERS: ,-- fNC -: "'. --500-' \j' iTLA GE '-soU LEVA -RO ,- -, -- -- ,- C i \ii 1 En q i r'i(~'8t- : SU I}J._l1.Q.,__~J>.,~~_=.L.fk~.:.,__J.J!!Q.~....,_,..._,____...._.._,__..__..___,_,_...___,..,__..__ K. S. ROGERS CONSULTING ENG. INC. 1495 FOREST HILL BOULEVARD Tt" a f fie Enq i nf?er-: LAKE._ClARKE,.5HORES.__ELQRIDA..._,3340.6...,_.._...._________,._,._"....", ."..'_"__ RICHARD L. SHEPHARD AND ASSOCIATES. INC. ::;; Llr \" e Vot- :.______ 310. S. _.fEDERAL ,HIGHWl\1+ _,BD.YNIOtLBEACH .,_ELORI OJ.\. _.. 3343 5"... _,. __"_'__'_ 19. (check) The ~-=11o~nng m.::\teri::ds ~::.h,.nll be !:;ubrnitt,,~d~ in t('ICl CZ) copies. u0I~Ble~~_Ig_~~_~Y~~I!I~g_~!I~_QEEbl~BIlQ~ -"1. ThlS ~\pplic.:~tion form. b. A copy of the last recorded warranty deed. c. The following documents and letters of con5ent: (',) l'f the: prop(:,~t.'1 i~3 under joint 01'- ~-auv(;~r.:d DWl1r~I-~:;hip: I~ ~'witt~ cons.::::-nl: to thr::: ,::\ppl ication by ':':111 o:)\"nc'r-~:; of: ,-,::>c:cwd. '\I,d <:::~ If thr~ ,:lpp1ic~:\nt. i~~ r.' contr-act pur'cl'I..;'!~(21"~ (~COr)', of thr~ p'_wCh':,\S8 contr-.:u:t "Hul ltH-i tten consent. o'f. the OUlh!r- _1rld ::al~ller~ and <-:;> 1,:: the ,",ppliC:,,;'InL i':; 1"c>p'-osL..'ntl.'d '-Joy ,:,,, ,luL-llOl./.:(!(/ ,:\qc~nt: {) I:ClP uf the .3gCflC'y' dyY-ceIilQnt~ or WI"ltten cnn~:;(Hlt. of lhf' applic."1nt. and " .1, ) I 'f t h, L_-:..,' " n p 11' I: ;111 t: j, !:~ i,., 1 Q!:; !::,I? I? : 1-. I ('II', I . I I I I "',.. -- " :: '. r /), : lfo 1?Z1~oI~ ':',\qr-'~'E:m[-'nt. ~ F'1r:1nning Dep.3rtlllc?nt 1-86 paCJ~ 3 (b) Existing and proposed grade elevaticn~. (I:) E:: i st i rll;] Ot- pri:JpL'~f"~lj water boel i I:?S. (d) Form of ownership and form of organization to maintain commor spaces and recreational facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection ~nd treatment, solid waet8 disposal, h~zardou5 w~5te disposal, fire prDtection, e.:.'\sements or l"ights--of--~"ja\/, rO":ld~jc\V5. I-ecreatior and park areas,' school ':oi-tl2s, arHJ othQr public: iillpn:lvEHnents or dedications as may be required. (11) For rezonings to pl~nned zoning districts, th8 specl~lc t-equireffllO,;mts for submission of applications for n~::onil1q tl::l sLlch districts shall also be satisfied. Furthermore. all materials requirec for a 5ubdivision master plan shall also be submitted. I I 1. eEEb!~eIIQ~_E~~~~ Fees shall be paid at the time th~t the ,application 15 submitted, according to the fees which hav8 been ~dopted by ordinance or resolution. The Planninq Department will in~orm the applicant as to the fees which ctr8 re~uired. All fees ~hdll be paid b~ check, payable to the City o~ Boynton Beach. IV. ~~BIIEIG8IIQ~ (I) (We) understand that this application and all pl~n and pdpers submitted herewith become a part of the permanent records of the F'lclnninq and Zuninq BeJard. (I) (t'Je) t1eretJv c\~rti'fy tt12\t tt"H~ dbo"/e statements and any statements or showings in any papers or plans ~:;ubmitted herm'oJith ,,:in? tr.ue to t.he best of (my) (OLW' I::nowledge <HId tH?1 i ef. Thi s .:,\ppl i cat.i on ~'Ji 11 not be clcc:epteej unl E'~;S si gnecJ accord i ng ',0 tl1E? i lstruct ions bel a~-.j. ,__~/?::2j~7___,_,___ l' a t Co' ,-_..- --,-,----_..,---~..,._---_.,---- ....--- ~;i qn.=d:ul ~ o'f Aut,hol,"j :':':f~rj (.)qc:ont "..._ _..J ~ ..:,_~1::-,_8=1._ ____ 1.~,:II.f. V. (I) (l'J(;~) h{.~n:?by deslgnate the ...ho'lI'? siqned pE?rSUn :1<; (my) (Otll-) .:\uttHll-i::c'd .:I9cn1: ~Jith r-i2qa-d to t l!:; ':'lpplic.:\tion. -- -------~.- ",j?i~2jL'i_.___--, D.:.\te r-~ . ~) lq Dep,:u-tml'nt 1--!]6 P .:\ 9 e '7 EXHIBIT "A" LEGAL DESCRIPTION .~l IH nl I wr 1 [1[) -~ A1J "-'- o a: ~ ,- .. ;J ". u ALP ..-- Tht! Suuth on~-half (SI/2) of th~ Suuthwt!st quarter (S\-lI/4) of t h t! till r ttlt~ as t qua r t t! r (N ~ 1/4 I; the Sll u the as t qua rt t! r (S E I / .,) 0 f tlurtheast quartt!r (NEI/4) and tht! South one-half (SI/2) of tIll! tlllrth~ast quart~r (NEl/4) of Northeast quartl!r (t1El/41, all in Scctiull 13, Township 45 South, flange 42 East, PolIO Deach Cuunty, Florida. .".., t- ..:z ~ :::E. 0... ('I') ~ u.J c:;:) c..o ex;:) 5Z2 \ocf? qlce .SD OJ OJ r- --i CL lfl ru --i lfl en ,....___......_ ____ ..___..... ......_ '-"-...11...... """"'-'-"'I'''''V.. ""'10_ ">...i"_..___ all the parties to this instrument and their successors and assigns) WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate and being in Palm Beach County, Florida, more particularly described as follows: The South one-half (Sl/2) of the Southwest quarter (SWI/4) of the Northeast q~arter (NEI/4); the Southeast quarter (SEI/4) of Northeast quarter (NEl/4) and the South one-half (SI/2) of the Northeast quarter (NEI/4) of Northeast quarter (NEI/4), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, conditions, easements and agreements of record: taxes and assessments for the year 1986 and all subsequent years; and all applicable environmental, zoning and tand use or"dinances. ~'... AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered: in the Presence of: /Juu [fwwt:'~ J.ames D. Sturrock, President Jr. , >Z9~~ (CORPORA'l'E SEAL) This Instrument was Prepared by and Should be Returned to: W. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, suite 500 777 South Flagler Drive West Palm Beach, Florida 33401-6194 J 'J:r" .~. MEMORANDUM 26 March 1990 TO: Timothy P. Cannon Interim Planning Director FROM: James Golden Senior City Planner RE: Legal Opinions To the best of my recollection, the attached legal op~n~on concerning Boynton Nurseries is the only legal opinion which has not been fully resolved. Mr. Saberson notified the City that he preferred readvertising from AR to PUD instead of AG to PUD. Therefore, when the Florida Department of Community Affairs notifies the City that the Boynton Nurseries Land Use Amendment has been approved, a memorandum will be sent to the City Attorney describing the ordinances that must be prepared for first reading. ~ ~ (, .......JLs GOLDEN , I /bks cc: Tambri Heyden Central File City Attorney Legal. CITY of BOYNTON BEACH @' ,,~., 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734-8111 OFFICE OF THE PLANNING DIRECTOR . January 31, 1990 Atty. Roger G. Saberson 110 East Atlantic Avenue Delray Beach, Fl 33444 RE: Boynton Nurseries - Rezoning Applications Dear Mr. Saberson: Please review the attached correspondence between the Planning Department and the City Attorney and advise us as to your preference in this ~atter. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BO~BEACH rf- JAMES J. GOLDEN Senior City Planner JJG:frb Encs J cc: City Attorney Central File RogerG.S :~E~,.. . . .~~~. ... "-'~--'----'-'_..'~ --=-=-- :~. ..:---_. MEMORANDUM --------- January 29, 1990 TO: James J. Golden, Senior City Planner THRU: Timothy P. Cannon, Interim Planning Director FROM: Raymond Rea, City Attorney RE: Boynton Nurseries - Rezoning Applications I have reviewed your Memorandum dated January 17, 1990 and advise that we can rezone from AR to PUD without readvertising, but it would be my suggestion that you contact Roger Saberson, the attorney for Boynton Nurseries directly to see if he feels comfortable with this approach or if he wants it readvertised. ~~.JL ~ Raymond Rea City Attorney RR/r RECEIVED JAN So ) :;;v. PLAN N;o. '. ._ - ...-!'~ RECEIVED JAN 18 1$0 MEMORANDUM err", A 1 E,R N i:. Y r TO: Raymond Rea, City Attorney THRU: Timothy P. Cannon, Interim Planning Director TC FROM: James J. Golden, Senior City Planner DATE: January 17, 1990 SUBJECT: Boynton Nurseries - Rezoning Applications The property owner originally submitted an application for this project to rezone to AG (Agriculture) which was approved by the City Commission in December 1989. The zoning change to AG (second reading) is scheduled to occur in Mayor June pending review and approval of the land use change by the Department of community Affairs. In the meantime, the property owner has submitted an application for rezoning to PUD which. is consistent with t~~ Low Density Residential land use category which was approved by the Commission in December 1989. With respect to the above, attached you will find a copy of the legal advertisement for rezoning from AG to PUD. Considering that ~e rezoning has been advertised from AG to PUD, instead of AR to PUD, should there be an ordinance to rezone from AR to AG and then a subsequent ordinance to rezone from AG to PUD? " .1/J ~ ~t..L . GOLDEN JJG:frb Enc 01/17/90 ~. _t, i~- . -.-' ~"'"m7-' - .o___._________ __._.__.__. ._.::-.:_:.-:::i=:=-=:~::=======':""'._~_.._. ..~::.:':::':"~:-:W:-' _._________ " NOTICE OF PUBLIC HEARING OTICE IS HEREBY GIVEN that the Planning & Zoning B(.>anl of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, February 13, 1990, at City Hall Commission Chambers, Boynton Beach, Florida to consider a request for REZONING covering the parcel of land descFibed as follows: LEGAL DESCRIP'rrON: The South one-half (S !) of the Southwest quarter (SW !) of the Northeast quarter (NE i): the Southeast quarter (SE !) of Northeast quarter (NE i) and the South one- half (S ~) of the Northeast quarter (NE i), of Northeast quarter (NE i), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. APPLICANT/ OWNER: Boynton Nurseries, A Florida General Partnership Delfin F. Menendez, M.S.M. Design Group & Roger G. Saberson, Attorney at ~w AGENT: PROJECT NAME: Boynton Nurseries PROPOSED USE: Planned Unit Development for 400 units (detached and attached) with private recreational facilities for residents use. 8355 Lawrence Road, Boynton Beach, Florida" 33436 REZONING from AG (Agriculture) to PUD (Planned Unit Development) with LUI = 4 A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on February 20, 1990 at 6:30 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits. LOCATION: REQUEST: ,. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BaRONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA lec PUBLISH: THE POST January 28 & February 4, 1990 ":'._ o~~~. ..~~..::.~. _m.--. Om =~=~~. ~. -~.:... &'~(:t ~ jVtMu " .f PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-029 TO: J. Scott Miller, City Manager ~~ FROM: Christopher Cutro, Planning and Zoning Director DATE: February 12, 1992 SUBJECT: Planning and Zoning Board Meeting February 11, 1992 Please be advised that the Planning and Zoning Board met on Tuesday, February 11, 1992 a~d took the following action: 1. Continued the public hearing for the Cedar Grove P.U.D. rezoning to March 10, 1992 at 7:00 p.m. due to the Technical Review Committee's determination at the January 28, 1992 Technical Review Committee meeting that the revised master plans submitted by the applicant were incomplete and did not address unresolved issues, therefore could not be forwarded to the Planning and Zoning Board for action. (PM92-032) 2. After conducting a public hearing, unanimously approved the parking variance request for Atrium Place, subject to proviso. The motion was made by Mr. Lehnertz and seconded by Mr. Collins. 3. Unanimously approved the request for a one year concurrency exemption time extension for the Boynton Nurseries P.U.D. as submitted. The motion was made by Mr. Collins and seconded by Mrs. Huckle. (PM92-031) CC/jm A:PM92-029.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Concurrency Review Board: FROM: John Guidry, Utilities Director Charles Frederick, Recreation & Parks Director Bob Eichorst, Public Works Director Richard Staudinger, City Engineer Vince Finizio, Administrative Coordinator of Engineering ~~ Christopher Cutro Planning & Zoning Director DATE: December 10, 1992 RE: Boynton Nurseries PUD - request for a one (1) year concurrency exemption time extension The owners of the Boynton Nurseries PUD have requested a 12-month concurrency exemption time extension. You will recall that this master plan was granted a previous extension which re-established the concurrency exemption expiration date as March 5, 1992. According to the subject request, the new deadline for concurrency expiration, and for filing the preliminary plat would be March 5, 1994. Please review this request and provide me with your comments/ recommendations by December 18, 1992. If I can be of any assistance, do not hesitate to contact me. CC/jm C:BOYNNURS.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-256 FROM: Carrie Parker, Acting City Manager c~e~ro, Planning and Zoning Director TO: DATE: December 28, 1992 SUBJECT: Time extension for Boynton Nurseries PUD Roger Saberson, who represents the owners of Boynton Nurseries, located on the west side of Military Trail, just to the north of the L-21 Canal, has requested a one year extension for the PUD to file its preliminary plat. This same request was approved by the City Commission in the early part of this year. If approved by the City Commission the new date for filing the preliminary plat would be March 5, 1994. The original date of approval of this development was September 5, 1990. It should be noted that this project is concurrent only for traffic, parks and drainage. Concurrency status for water, sewer, and solid waste will be determined as part of the platting process. Staff has reviewed this request by memo and we have received no negative comments on the request. We would ask that this item be reviewed by the City Commission at its meeting of January 5, 1993. CC/cmc C:TIMEXT LAW OFFICE OF ROGlER Go SABlERSON9 PoAo 70 S.E. 4th Avenue Delray Beach, FL 33483 Telephone: (407) 272-8616 December 3, 1992 Mr. Chris Cutro Planning Director City of Boynton Beach 1 UO East Boynton BeachJ\oulevard Boynton Beach, Fl. 33425 Re: Extension Request - Boynton Nurseries PUD Dear Mr. Cutro: In accordance with our discussion yesterday, please consider this letter a formal request for a one year extension through March 5, 1994, for the above project and its vested concurrency status. As we discussed, we now have a developer interested in the property with whom we are very close to completing a contract. However, in order to give us sufficient time to complete the details of the contract and to permit the developer to meet with City staff and work out the details of the master plan modification which the developer envisions, it will be necessary to have an extension. The developer, has advised us that it would be impossible for them to meet the existing March 5, 1993 deadline, in view of the planning, engineering and other things that must be done in connection with their proposed project. Thank you very much for your cooperation in regard to this matter and I will wait to hear from you regarding the scheduling of our request. ~p;;~ Roger G. Saberson RGS/dl cc: Mr. Robert Horner p.C~~\) . 4 .....- *' -' "r.?~. ~G V"~ , l..~~\ .~J ~V'\~ ~- ~~ MEMORANDUM UTILITIES DEPT. NO. 92 - 471 TO: Chris Cutro, Planning Director FROM: John A. Guidry, Utilities Director DATE: December 14, 1992 SUBJECT: Boynton Nurseries PUD - concurrency exemption Request for extension It is our understanding that Boynton Nurseries is a project, and is nei ther exempt for potabl e water sewer, nor does it have a firm capacity reservation sewer. We therefore have no objection to the issuance time extension on the concurrency exemption. category "c" and sani tary for water or of a one-year Please refer any additional questions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: File RECEIVED DEe 1& PLANNING DEPT. - RECREATION & PARK MEMORANDUM #92-410 FROM: Christopher Cutro, Director Planning & zoning Director 1!! John Wildner, Parks Superintendent Boynton Nurseries PUD - Request for a one ( 1) year concurrency exemption time extension. TO: RE: DATE: December 14, 1992 The Recreation & Park Department has no objection to the Boynton Nurseries PUD - Request for a one (1) year concurrency exemption time extension. JW:ad CC: Aprille Day RECEIVED DEe 14 PLANNING DEPT. ..,. DEPARTMENT OF PUBLIC WORKS MEMORANDUM #92-235 TO: Christopher Cutro, Planning & Zoning Director FROM: Robert Eichorst, Public Works Director SUBJ: Boynton Nurseries PUD DATE: December 18, 1992 The Public Works Department has no problem with the request for a one year extension on this project. -. -..----------. RE/cr RECEIVED '.. )E.C .,' pL.A.NNiNG DE.Pl'~" - - ~c \ PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Concurrency Review Board: FROM: John Guidry, Utilities Director Charles Frederick, Recreation & Parks Director Bob Eichorst, Public Works Director Richard Staudinger, City Engineer Vince Finizio, Administrative coordinat~c 1\ '992 of Engineering ~~ Christopher Cutro Planning & Zoning Director ~..-a DATE: December 10, 1992 .... ~~- RE: Boynton Nurseries PUD - request for a one (1) year concurrency exemption time extension The owners of the Boynton Nurseries PUD have requested a 12-month concurrency exemption time extension. You will recall that this master plan was granted a previous extension which re-established the concurrency exemption expiration date as March 5, 1992. According to the subject request, the new deadline for concurrency expiration, and for filing the preliminary plat would be March 5, 1994. Please review this request and provide me with your comments/ recommendations by December 18, 1992. If I can be of any assistance, do not hesitate to contact me. CC/jm C:BOYNNURS.JM ~ A.,l" l~.!,'. ( , . , l )J J i...) l..' . \........., PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-256 0', _ \, TO: Carrie Parker, Acting City Manager ~o;~utro, Planning and Zoning Director FROM: DATE: December 28, 1992 SUBJECT: Time Extension for Boynton Nurseries PUD Roger Saberson who represents the owners of Boynton Nurseries located on the west side of Military Trail, just to the north of the L-21 Canal, has requested a one year extension for the PUD to file its preliminary plat. This same request was approved by the City Commission in the early part of this year. If approved by the City Commission the new date for filing the preliminary plat would be March 5, 1994. The original date of approval of this development was September 5, 1990. Staff has reviewed this request by memo and we have received no negative comments on the request. We would ask that this item be reviewed by the City Commission at its meeting of January 5, 1993. CC/cmc / " .~ )! : , / Y 7B1 BOYNTON NURSERIES PUD CONCURRENCY APPEAL EXEMPTION TIME EXTENSION 6A2 BOYNTON NURSERIES PUD REZONING PLANNING DEPT. MEMORANDUM NO. 90-052 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon T C Interim Planning Director FROM: Tambr i J. Heyden Assistant City Planner DATE: March 7, 1990 SUBJECT: Boynton Nurseries - Rezoning Request - File No. 385 INTRODUCTION The Boynton Nurseries property is located at the northwest corner of Lawrence Road and the L.W.D.D. L-21 canal. Applications for annexation, land use amendment, and rezoning for the subject property were submitted to the Planning Department last October for the City's twice a year deadline for land use amendments requiring state review. After approval by the City Commission on December 19, 1989, the Planning Department forwarded the land use amendment request to the state, which is currently conducting their review. Upon a favorable response from the state, the City may then approve ordinances for annexation, amending the Future Land Use Plan to a "Low Density Residential" category, and rezoning the property to AG, Agriculture. The subject request, submitted by Roger Saberson, agent for Boynton Nurseries, is for rezoning of the Boynton Nurseries property from the pending AG zoning to Planned Unit Development with a Land Use Intensity: 4 (PUD w/LUI=4). The 83.85 acre tract of land has a + 1,993 foot frontage on Lawrence Road and is occupied by a container nursery, including associated greenhouse and maintenance buildings and a single family home for the nursery caretaker. SURROUNDING LAND USE AND ZONING (see attached location maps in Exhibit "A") The land use and zoning in the surrounding area varies and is presented for your information in the table which follows: Direction Jurisdiction Zoning Land Use North Palm Beach County AR/SE Knollwood Groves (active orange grove) Northeast Boynton Beach PUD Citrus Glen (single family, zero lot line homes) approved density=4.66 du/acre actual density=3.66 du/acre East Boynton Beach PUD Citrus Park (single family, zero lot line homes) and Palm Beach County School "P" (under construc- tion) approved density=3.92 du/acre Southeast Palm Beach County AR Two single family homes on large, un- platted lots (a County pocket) ~ Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 2 Southeast Boynton Beach PUD South Palm Beach County RM/SE: special ex- ception for a PUD Lawrence Lakes (single family homes) approved density=2.44 du/acre actual density=2.44 du/acre Sausilito Groves undeveloped, approved for garden apartments and day care center actual density=6.5 du/acre RS/SE: Royal Manor special ex- (mobile homes) ception for a mobile home park actual density=5.1 du/acre Southwest Palm Beach County RS/SE: special ex- ception for a PUD West Palm Beach County AR RT (Residential/ Transitional) AR Northwest Palm Beach County AR PROCEDURE Palm Shores, f.k.a. Windward PUD (single family and multi- family homes and day care center under construction) actual density=4.46 du/acre Scattered, single family homes on large, unplatted lots Single family home on large lot and a vacant lot. Sunup Grove (single family subdivision) actual density=2.7 du/acre Vacant This request for rezoning is being processed consistent with Section 9.C of Appendix A, Zoning, entitled "Comprehensive Plan Amendments; Rezonings" and Section 10 of Appendix B, Planned Unit Developments entitled "Procedures for Zoning of Land to PUD". FUTURE LAND USE As previously discussed, approval of a "Low Density Residential" land use designation, allowing a maximum of 4.84 dwelling units per acre, is pending approval from the Department of Community Affairs and subsequent ordinance readings by the City Commission. The zoning requested, PUD w/LUI=4, proposing a gross density of 4.77 dwelling units per acre, is consistent with the "Low Density Residential" land use. It is anticipated that, if the subject rezoning is approved, second reading of the ordinance to rezone to PUD will occur immediately following second readings of the ordinances to annex, amend the future land use plan, and rezone to AG, Agriculture. PUD ZONING AND MASTER PLAN (See Exhibit B: for Copy of Master Plan Submitted) The applicant is proposing to rezone from AG, Agriculture (pending) to Planned Unit Development with a Land Use Intensity=4 (PUD w/LUI=4). A discussion of the PUD master plan submitted follows. Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 3 Proposed Uses The uses proposed in the planned unit development and the acreages devoted to each, including pod net densities where applicable, are as follows: Land Use No. of Units Acres Net Density Residential pod A (single family) pod B (single family) pod C (multi family or duplexes) 62 12.06 5.14 units/acre 100 18.58 5.38 units/acre 88 11.47 7.67 units/acre pod D (multi family) pod E (multi family) 64 5.66 11.30 units/acre 86 7.42 2.84 11.59 units/acre Private Recreation Lakes/preserve areal 10' buffers 14.16 Private road roghts-of-way/ utility easement 9.3 Rights-of-way to be dedicated 2.36 400 units 83.85 acres gross density= 4.77 units/ acre The master plan provides for the construction of 162 single family units (40.5% of total units proposed) and 238 multi-family units (59.5% of total units proposed) to be located in 5 residential tracts within the PUD. The master plan reflects an option on pod C of 88 units - duplexes or multi-family units or a mixture of the two. Because the applicant is processing this application for speculative development by future buyers, the lot layout for the single family pods has not been determined, only the minimum lot size of 6,000 square feet, which is consistent with recently approved PUD master plans. The maximum building height will be two stories (not to exceed 25 feet) for all single family and duplex units and four stories (not to exceed 45 feet) for all mUlti-family units. Access and Internal Traffic Flow Entrance to the PUD is via an 80 foot wide, private, collector road which loops through the PUD intersecting with Lawrence Road at two points; a north PUD entrance which aligns with Citrus Glen Drive and a south PUD entrance which aligns with the entrance to the Citrus Park PUD. Branching off this loop road is a 50 foot wide, private, local road which provides access to a private recreation area and single family home pod A. This 50 foot local road terminates into another private loop road. Since the PUD Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 4 does not join unsubdivided land to the west which would have required that the local street through pod A be extended to the project boundary to connect with Old Military Trail, a stabilized access only is to be provided to serve this purpose. This alternative access design links the small private loop road to Old Military Trail to provide continuity between the PUD and the existing street network in the area for emergency purposes while discouraging through traffic. Recreation Based on the number and type of units proposed, a total of 6.75 acres is required to be dedicated for parks and recreation purposes. A 2.84 acre private recreation area is proposed to receive a 50% credit pursuant to Section 8, Article IX, of Appendix c. This private recreation area is centrally located within the PUD and includes the following minimum five recreational amenities: 1. swimming pool 2. recreation center building 3. tennis courts 4. family picnic areas with or without children's play apparatus 5. landscape park-like and quiet area The rema~n~ng 3.375 acres are required to be dedicated to satisfy the total park dedication requirement (see further dis- cussion of land dedication under "Issues/Discussion" item (a)). Topography, Soils and Vegetation The site is nearly level with the lowest point occurring at the southeast corner of the property (ground elevation 16.31) and the highest point occurring at the northwest corner (ground elevation 18.00); a net change in elevation of 1.69 feet. Four types of poorly drained, sandy soils exist and vegetation differs greatly between the eastern portion and the southwestern portion of the site. Approximately 75% of the site is being cultivated as a nursery operation. The remaining 25% of the site (the south- western portion) is natural vegetation typical of a South Florida pine flatwoods community. Unfortunately, this native habitat has been disturbed by fire, invaded by exotics (Florida Holly) and recently damaged by the property owner who attempted to remove the Florida Holly using heavy machinery. Three areas within pod A have been designated on the master plan to reflect those natural areas in best condition and most desirable to preserve. Drainage A schematic drainage and storm water retention plan has been submitted. On-site retention will be handled in two storm water management tracts (lakes) before flowing into the L.W.D.D. L-21 canal along the south property line of the site. Water levels will be controlled by an outfall control structure in the small lake closest to the L-21 canal. Littoral zone plantings will be installed around a minimum of 50% of the lakeshore area. Potable Water Distribution The site will be served with water by connecting to an existing 16 inch water main located on the east side of the Lawrence Road Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 5 right-of-way and looped by connection to an existing 16 inch water main on Old Military Trail. Sewage Collection The site will be served by connecting to an existing gravity sewer on the west side of the Lawrence Road right-of-way. The proposed on-site system will also be a gravity sewer which will connect to the existing Lawrence Road system. Schools The Palm Beach County School Board has reviewed the proposed PUD and has indicated that students generated by this project will further overcrowd the assigned elementary and senior high schools in this area. In the past, the School Board has not supported approval of residential developments having a negative impact on existing school facilities without contribution of funds or lands to partially offset that impact. The School Board states that they will continue to actively pursue a policy of providing adequate school facilities for all the children of Palm Beach County (see Exhibit "C" for their analysis). Traffic Analysis The traffic analysis submitted by the developer was reviewed by Walter H. Keller, Jr., Inc., the City's traffic consultant, to determine consistency with the 1989 City of Boynton Beach Comprehensive Plan (Ordinance 89-39) and Section 9.C.4.h(5) of Appendix A-Zoning. A copy of the Mr. Keller's report can be found in Exhibit "D" of this memorandum. The required roadway improvements are listed in Exhibit "E". ISSUES/DISCUSSION Section 9.c.7 of Appendix A, Zoning, of the Code of Ordinances, requires the evaluation of rezoning requests against criteria related to the impacts which would result from the approval of such requests. These criteria and an evaluation of the impacts which would result from the proposed development are as follows: a. Whether the proposed rezoning would be consistent with applicable Comprehensive Plan policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive Plan. The proposed rezoning would be consistent with applicable Comprehensive Plan policies subject to several provisions relative to recreation, internal vehicular circulation and traffic impacts. First, with respect to recreation, the remaining 3.375 acres required by the Subdivision Regulations for parks and recreation are needed in the northeast corner of the project for a neighborhood park (public) to meet the level of service (L.O.S.) for parks and recreation in this area. This is not reflected on the master plan submitted. The Comprehensive Plan (Policy 5.5.5.) requires park dedication of 6 acres/l,OOO persons, which is further refined in Section 8, Article IX, of the Subdivision Regulations. The private recreation facilities to be provided satisfy the 2.5 acre/l,OOO population L.O.S. for neighborhood facilities but not the total park dedication requirement of 6 acres/l,OOO population. In addition, the City builds recreational facilities such as baseball fields, basketball courts, playgrounds, etc., that are not typically provided in private recreation areas. The Comprehensive Plan has levels of service for all types of recreation facilities, which will require land on which these facilities can be built. Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 6 Since the minimum size required for a neighborhood park is 5 acres, the 3.375 acres required from Boynton Nurseries and an anticipated 2 acres that will be required upon annexation, land use amendment, and rezoning of the Knollwood Groves property di- rectly to the north, would be the last opportunity for the City to acquire, by dedication, enough park acreage to build a neighborhood park in the vicinity of Lawrence Road. The location of the remaining 3.375 acres in the northeast corner of the PUD, abutting Lawrence Road, not only minimizes intrusion into the PUD, but would enable the combination of the acreage with park dedication in the southeast corner of Knollwood Groves which would meet the minimum size required for a neighborhood park (See Recreation Department staff comments in Exhibit "E"). Also related to recreation is POlicy 5.5.3. of the Comprehensive Plan, which requires that all residents of a project have access to at least a portion of the private recreation areas provided, unless similar public facilities (such as the public park in the northeast corner of the PUD) are located within a 1/2 mile walking distance. Therefore, the availability of private recreation facilities to all residents of the PUD also needs to be specified to ensure consistency with the Comprehensive Plan. With respect to vehicular circulation within the project, the 80 foot collector road shown on the master plan is proposed to be private rather than public which is inconsistent with Policy 1.3.8. of the Comprehensive Plan. Public streets provide continuity with the existing street network in the City, promote safety through alternate routes during utility repairs and emergencies, enable public convenience (particularly for City services) and better integrate the project into the community. Public dedication of this collector road is also consistent with the Subdivision Regulations and will not encourage through traffic, since the collector is a loop road. A disadvantage to having private streets is that future road maintenance costs are seldom anticipated by home owners' associa- tions who must maintain them. The City has been approached on several occasions by home owners' associations responsible for maintaining the private streets within their development project to pursue dedicating their streets to the public, long after the development has been established. Therefore, as stated in the Fire Department and Police Department staff comments (Exhibit "E"), it is both desirable and possible for the 80 foot collector road to be dedicated as a public right-of-way consistent with the City's Comprehensive Plan. With respect to traffic impacts that the proposed PUD will have on the existing roadway system, several off-site road improve- ments are required for consistency with the Comprehensive Plan and Code of Ordinances as previously noted under "Traffic Analysis" on page 5. These required roadway improvements are listed in Exhibit "E". b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with protection .of the public welfare. The proposed rezoning to Planned Unit Development with Land Use Intensity: 4 would be consistent with the Land Use Element of the Comprehensive Plan and the pending "Low Density Residential" land use category allowing a maximum density of 4.84 dwelling units per acre as the proposed master plan reflects a maximum gross Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 7 density of 4.77 dwelling units per acre. This request is compat- ible with the established land use pattern and zoning districts in the vicinity on the east side of Lawrence Road, described previously under "Surrounding Land Use and Zoning", page 1. c. Whether changed or changing conditions make the proposed rezoning desirable. The Lawrence Road area of the City's reserve annexation area is experiencing increased land speculation and urbanization. Although the applicant requested AG zoning at the time of sUbmitting applications for annexation, land use amendment and zoning last fall, it was the applicant's intent to request PUD zoning soon after submitting these pending applications. Agriculture zoning was considered an appropriate holding category in light of the current uses on the site, until a master plan, required for submitting an application for PUD zoning, could be prepared. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning would be compatible with utility systems, roadways, and other public facilities, subject to the staff comments in Exhibit "E". e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. As previously discussed in issue "b", the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties and would be likely to increase property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Under the pending AG zoning category, the property could be utilized for a variety of agricultural or conservation uses or could be developed for a maximum of 33 single-family homes on 2.5 acre lots. The economic feasibility of developing this property under the pending zoning cannot be easily determined due to the cost of land, land development costs, etc. However, the feasibility would appear to be unlikely when compared to existing developments in the City which were developed with greater intensity (i.e., Lawrence Grove, Citrus Glen and Lawrence Lake). g. Whether the proposed rezoning is of a scale which is reason- ably related to the needs of the neighborhood and the City as a whole. Based on the proposed density and mix of housing types (single-family; duplex and multi-family units) shown on the master plan, it can be concluded that the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. h. Whether there are adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed. There are few vacant parcels of significant size rema~n~ng in the City that would allow for the development of this type of planned unit development. In addition, these existing parcels would also Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 8 have to be rezoned to a PUD zoning category. CONCLUSIONS/RECOMMENDATIONS If developed in a manner consistent with staff recomendations, the proposed planned unit development would be consistent with Comprehensive Plan policies and would not have an adverse impact on adjacent single-family residences and the road network in the vicinity. Therefore, it is recommended that the application for rezoning submitted by Roger Saberson be approved subject to the Comprehensive Plan policies outlined under item "a" of the section entitled "Issues/Discussion" and the attached staff comments in Exhibit "E" of this memorandum. J~~ 71.,~ TAMBRI J. EY~' TJH:frb Encs A:PM90-052 xc: Central File STAFF COMMENTS BOYNTON NURSERIES REZONING FIRE DEPARTMENT: See attached memorandum ENGINEERING DEPARTMENT: See attached memorandum POLICE DEPARTMENT: See attached memorandum PLANNING DEPARTMENT: See attached memorandum RECREATION DEPARTMENT: See attached memorandum FORESTER/HORTICULTURIST: See attached memorandum CITY ATTORNEY: See attached memorandum FIRE DEPARTMENT MEMORANDUM NO. 90-20QWC Tn. ~ . JIM GOLDEN, PLANNING DEPARTMENT F R':'M : W. D. CAVANAUGH, FIRE DEPT. TRS REP, DATE: M/~RCH 2, 1990 R E : BOYNTC)N NIJRSERIES ANNEX - LA'l"lREr,!'CE ROAD $HAREO RISK/ACCESS FOR FIRE RESCUE - IT IS THE FIRE DEPARTMENT'S POSITION THAT THE LOOP ROAD SHOULD BE PUBLIC ~ECURITY GATES, PRIVATE ROADS, LONG DEAD-END ROADS, AND SINGLE POINT ACCESS ALL HAMPER RAPID RESPONSE OF FIRE RESCUE PERSONNEL. /;LL FIRE RES;CUE REspcmS;E IS BASED cm 'ICiOLDEN Mn~UTE:?;'I. USUALLY C)NLY 3 TO 6 ~lINUTE~; r::;; THE "\'/H~DC'v.lli AUC\i.lED F(:)R 'JPTH1UM RE3POW:;;E. ANYTH1E USED A.FTER THIS II \.II HWC)\oI/" 1:3 ,3HUT DRASTICALLY REDUCES THE CHANCE TO SAVE LIFE AND PROPERTY. DEVELOPERS WHO IMPINGE ON FIRE DEPARTMENT RESPONSIBILITY MUST BE WILLING Te' ACCEPT PART OF THE RESPONSIBILITY FOR LOSSES INCURRED. IN MY OPINION, THE CITY SHOULD REQUIRE DEED NOTES, IN ADDITION TO HOLD HARMLESS AGREEMENTS, TO PROPERTY OWNERS APPRISING THAT THE CITY MAY NOT BE ABLE TO PROVIDE OPTIMUM SERVICE SHOULD A DEVELOPER WISH ENCLAVE STATUS FOR HIS PROPERTY. ~~ci~ WILLIAM D. CA/ANAUGH, FIRE PREVENTION OFFICER I y.IDC/p'~ xc: D. Crockett. Deputy Chief File THIS MEMO REPLACES MEMO NO. 90-033 DATED FEBRUARY 27, 1990 ENGINEERIOO DEPARTMENT MEMO NO. 90-039 March 1, 1990 TO: J. Scott Miller City Manager FRCM: Vincent A. Finizio Acting Assistant to the City Engineer RE: Technical Review Board Ccmrents Boynton Nurseries Master Plan 1. Provide established centerline elevations for all adjacent streets and rights-of-ways. Sectioo 4. C. 8. 2. Indicate the proposed layout of the lots and blocks. Section 4.C.IO. 3. Indicate on plans utilities such as telephone, power, water, sewer, gas etc. on or adjacent to the tract including a staterrent on plans, that all utili ties are available and have been coordinated with all required utilities. Secion 4.C.17. lL-~A~ .- Vincent A. Finizio (Y VAF/ck cc: Jim Golden, Senior City Planner MEMORANDUM POLICE # 90-019 TO: Mr. James Golden FROM: Lt. Dale Hammack RE: Boynton Nursery DATE: March 1, 1990 In regards to the plans reviewed 1 March 1990, I am recommending the following: 1. Main loop road remain public. 2. Southbound right turn lanes at both entrances. ik&~ DH/cm PLANNING DEPT. MEMORANDUM NO. 90-053 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon ,e Interim Planning Director FROM: Tambri J. Heyden Assistant City Planner DATE: March 9, 1990 SUBJECT: Boynton Nurseries PUD - Rezoning - File No. 385 Please be advised of the following Planning Department staff comments relative to the above-referenced request for rezoning to PUD: @- 1. The private recreation facilities shall be bonded with approval of the first plat and completed within 21 months of approval of the first plat. Appendix C, Article XI, section 5. 2. It is recommended that the applicant post a bond at the time of platting for 50% of the cost of providing pedestrian signalization to enable safer pedestrian movement from this project to Palm Beach County School lip" located on the opposite (east) side of Lawrence Road (Comprehensive Plan Policy 2.4.4). 3. Sidewalks/bike paths are required on all collector and local streets to provide adequate bicycle and pedestrian circulation. With respect to the small loop road in the southwest portion of the site, the Technical Review Board, at the prehearing conference on March 1, 1990, agreed to accept a pedestrian path in lieu of a sidewalk, to link the units fronting on the pod A loop road to the private recre- ation area. Comprehensive Plan Policy 1.11.9. and 2.4.4, Section 11, Article IX of Appendix C - Subdivision Regula- ations. 4. The width of the loop road in pod A has not been specified on the master plan. This width will have to be wide enough to accommodate (2) 11 foot lanes, swales for drainage, utilities, and any other necessary improvements. 5. The 80 foot collector road shall be a dedicated right-of-way consistent with Policy 1.3.8 of the Comprehensive Plan. 6. The remaining 3.375 acres required by the subdivision Regulations for parks and recreation shall be dedicated in the northeast corner of the project for a neighborhood park, exercising the City's option of requiring land dedication, fees or a combination of both. Comprehensive Plan Policy 5.5.5 and Section 8, Article IX of Appendix C - Subdivision Regulations. 7. The availability of private recreation facilities to all residents of the PUD shall be specified consistent with Policy 5.5.3 of the Comprehensive Plan. 8. Approval of the rezoning to PUD is contingent upon approval of the annexation and land use amendment requests. ~ - 9. As was required of Citrus Glen and Lawrence Grove, southbound right turn lanes are recommended at both project entrances. .~ Planning Dept. Memorandum No. 90-053 March 9, 1990, Page 2 t 10. The fpllowing roadway improvements are required for approval of this request consistent with the 1989 City of Boynton ijeach Comprehensive Plan (Ordinance 89-39) and Section 9.C.4.h(5) of Appendix A-Zoning: o Project Entrances on Lawrence Road - Northbound left turn lane - Separate eastbound left turn and through/right tur~ lane o Six-laning of Congress Avenue from Boynton Beach Boulevard to Miner Road* o Six-laning of Congress Avenue from Miner Road to Hypoluxo Road o Four-laning of Old Bdynton Road from Knuth Road to Lawrence Road* o Six-laning of Boynton Beach Boulevard from Old Boynton Road to I-95* * Improvements which are assured or are in the process of being assured either through the Palm'Beach County Transportation Improvement Program or developer commitments. In order for the traffic impact analysis to be considered complete, the applicant needs to show the 'City that a 1992 buildout year is feasible and the analysis of projected conditions needs to-be expanded to all roadways impacted by the project assignment. In addition to this information, assurance of roadway improvements should be provided. Based on Palm Beach County standards, assurance of roadway improvements would require the project to be scheduled for construction in the County Transportation Improvement Program, the.State Five Year Work Program or part of a Municipal Capital Improvement Program. The project may also be considered assured if it is part of a developer agreement and has been secured through bonding with the City or County. Building permits for dwelling units cannot be issued for the proposed project until contracts have been let for the required roadway improvements as outlined above. Pursuant to policy 2.6.2 of the Comprehensive Plan, the City can recommend to Palm Beach County that the developer's road impact fee payment be credited toward any of the roadway improvements listed above, subject to approval bf Palm Beach County. /I . 9 ~ .~~ ~/~~ - (,de.~ TAMERr J. P(EYDE TJH:frb Encs xc: Central File A:PM90-053 RECREATION & PARK MEMORANDUM *90-033 TO: James Golden, Senior Planner THROUGH Charles C. Frederick, Director, Recreation & ppept. FROM: John Wildner, Superintendent, Parks Division SUBJECT: Boynton Nurseries, P.U.D. DATE: March 8, 1990 The Recreation and Park Department has reviewed the Master Plan for the Boynton Nurseries P.U.D. The following information is submitted: 1. Park Land Dedication Requirement 250 single family and duplex units @.018 acres each = 150 multifamily units @.015 acres each = Total requirement: 4.50 2.25 6.75 2. Credit For Private Open Space A. The Park Land Dedication Ordinance provides for up to 1/2 credit for private open space if it provides a minimum of five (5) local park basic requirements. The developer has indicated he intends to apply for this credit. Before credit is given, the developer must indicate details regarding type, number, size, and location of the private recreation facilities (per sub-division code, section 8). B. Assuming half credit for private recreation facilities provided, (6.75 divided by 2), the developer is required to provide 3.375 acres. 3. Location It is recommended that the 3.375 acres required to be dedicated be located in the northeast corner of the development, adjacent to Lawrence Road and abutting the Knollwood Grove property to the north. This location will allow for eventual consolidation of public park property to be dedicated from the Knollwood Grove property if it is annexed and developed for residential use. These combined properties would ultimately provide a neighborhood park of approximately five acres which will comply with the level of service standards required in the parks and recreation element of the comprehensive plan. JW:ad REV. (from memorandum dated January 22, 1990) RECREATION & PARK MEMORANDUM #90-107 TO: Timothy Cannon, Interim Planning Director FROM: Kevin J. Hallahan, Forester/Horticulturist SUBJECT: Boynton Nurseries (Resubmittal) - Master Plan DATE: March 1, 1990 The resubmittal shows a revised plan for the tree preservation areas on the overall site. These new areas fall under the guidelines of the City Tree Protection Ordinance #81-21. A preliminary tree management plan should be submitted to include the following: 1. The areas shown as tree preservation areas to be delineated on the master plan and the boundaries flagged in the field. 2. No mechanical equipment of any kind to be allowed into the areas. 3. A control system be established for resprouting of Melaleuca and Australian Pine trees within the preserve areas. 4. The above three items be completed in a document submitted to this office by March 30, 1990. 5. A full and completed tree management plan and tree survey be submitted at the preliminary platt stage of review. y;..~ ?t *~~ Kevin J. Ha aha Forester/Horticulturist CC: John Wildner, Superintendent, Parks Division KJH:ad .' b0~P_Y~~_Q~~NQU~UI_BNQLgB_B~Ig~IU~_QEEbl[BI19U City of Boynton Beach, Florida Planning and Zoning Board This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete applications will not be proCf2':;SI,?d. Please Print Legibly or Type all Information. 1. ~~U~BQb_IUEQB~eIIQU 1 . Pro 0 j ec t Name: .._~-9..Y~.IQ.~__~!lIiSJBl.~;5_____(?].=..~~_~.~~____E:J!.._D~l_______.__._________......_ =., -rype of Application (chec!.( one) x .:::\ . H(:?zonirlg onl';" f.J . Land Use Amendment only c .. Land Use Amendment and Rezoning 3. I)ate this Ap~Jli(::0t:lGn is Accepted ("to lJe filled out I~y F'lar"lflir"lg DEO'partm€-mt) : _M___~______~__.__.________.________._._._____________-------------- 4. Applicant.s Name (person or business entity in whose name this application is made): BOYNTON NURSERIES, A FLORIDA GENERAL PARTNERSHIP LJl\ltE S. JL__ ..s.lU_R.RQ~K~..J R '-L _ t1Jlt'LA111 NJi JAR If'i~Bl_.. _ - - -.- -- -- --- - -.- -- - - -- --. AddrE~SS: 8355 LA~JRENCE ROAD ------------..----------.------------------.----------.----------- ~_qX~I.g_~_ ..~_~~ ~~-' __.~ ~~~J Q~ _. _~_~ ~ ~~.. _' _ .._ __. __. __ __ _ __ "_' _n -- -- '-- .-. ---- - -. - - - - - - - - - --- Telephone l"lumber: (407) 732-2721 -----..-------.-----.----------.-------.-------------------------..------ 5. Agent's Name (person, if any, representing app.licant): DELFIN F. 11ENENDEZ tL_S _~ f1 !._ _..R.~.? I GJL~ BQ.U,,?,_.. __ ~ _. __. __ _" __ ..... _n._ _. ._.. .._ gQ.G_E.B __ ~. '__ _~~ ~ E..R.?.Q tL - -- -' -. -- - -.- -- - '-"-' Add n:.,' '5!:; : 630 SOUTH DIXIE HIGHWAY 110 EAST ATLANTIC AVEN!:!~_________ ~._--_._._------_._-----_._-----_._-----_._.__._----_.-.---------- W.~SI ._..eAj".tLe._~ACH -'-. J:.~_Q R U>l\..... __ ;n~O J _ __ _ _ Q. ~ '=-~~ '1 _ ~.~~.~ H. ~.X .b-Q~!P.t\ _ _;! :L4J.1_ - --- Planning Department 1-86 page 1 ~. ._._.__._--+~-"._-_. TF~l i?pr'lone 1\lumbet- ~ (407) 659-5701 (407) 272-8616 .-------..--------.----.----.---...---.-...----.----.--.-.-..--.---..-....-----.-----...--..------...-.-.-.--- b. Property Owner"s (or Trustee"s) Name: ..- --. _ _ J..?~ !~~_ _~? __. ~_~~.~.! ~~_~IJ_. _ __ __ ._ ..... _... _. ..__ .... m. ._.. .._ .._. __ __00_. "_ '__ '"'' ..... _ __ __ _ ._. _ _ _ __ _ __. _ _ __ __ {")ddt-ess: -_._-_...__._-_..__.__.._.__......_...__..._-~..._._--..--..-.-----...-..-.--...---.....-..---..........--.-.---.-.-.--------- .....-.-.-...---..------...-..-.-..-------.----...-.--.--------..--...-.--..--...-....-.----.---.......---.---_._-~_._---- T(~l c0pl'lone Number: -.------.------..-------.---..-......------.-.-....-.-..-------.-.--.------.-..---------.--------- 1M Correspondence Address <if ejiffey-erlt t~lal' applicant or- agent):* (SEND TO APPLICANT AND BOTH AGENTS) ..--.-.-------------..-.-..----------------.---------------.------------- -...-.-.-.-........-..-.--......-....--.-..----.-------.-.-----..-.-..---..-..-------.--.---..-.--..--.--.---.-------.- * This is the address to which all agendas, letters, and other materials will be mailed. 8. What is the applIcant's interest in the subject parcel? (Owner, Buyer, Lessee, Builder, Developer, Contr~ct Purchaser, etc.\ (OWNER) -..--------..-----------..----.-------.--..---------.-----------------------------. 9. Street Address or Location of Subject Parcel: 8355 LAWRENCE ROAD, ...~.Q r~I9_~ -...!! ~ ~_~1.! ~.Q~ ~~~_ _ ~ ~~~~ .___ _ _ _ ______ _ _ _. __._ _ _.. _ _ _' __ _ _ _ __ _._ __ __.._ _ _ _ _ _. __._ _00 _..__ 10. Legal Description of Subject Parcel: (SEE ATTACHED EXHIBIT "A") -------.-----------------.-.---------.------------.-..-------------------------.----- ..--.--.---.---.----------.-.-----.--.--.-----...-.----.------.--.-----.----------------.---- -------.-----.------..------.-----..------------------.-.---..----------------.-.-------.----- _M...M_..._._.__......___.__._....._......_..__...____._____.__..________.__...______________.___.__...._..__..___._._.__________.___.______.__.__._. ______._M.___....__.____._____.M_._..____.___._._..M__._.__________________.._.________._____________.___________._____ 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre): 83.85 ACRES ..--..--.-------.--------------------.-----------------------------------.-------- Planning Department 1-86 page 2 ..... ... 12 u CLW1~ent Zon i nq Di ~;tl~' i ct: ~~J!3~r~~Q~__~_~_A_~_~.~_~.9.k1._.AR..j..~~.~.M..J3~~G._~....fQJ_______. 13. F't- opospd Z on i ng DJ s t tOO i l:t : _.___._~.:..~_:?--.:__.:.__.'=-~l:.__~:~g_......_.._..__....___..u._._____._...._.____._. 4.82 U./AC. LOW DENSITY RESIDENTIAL (BOYNTON BEACH) C u n'- en t L -:7:\r"i d I.J:; t~ c:: .;:;\ t e g cn- y: FROM -..3.- LOK .RE S_ L_ ..AN D. ._5_.1tED.LU.M... RES..__ ..( G.Cl.UNIY t _ _ .... .__ SAME AS CURRENT 14. 1 ~i.. Proposed Land Use Category: 1 I, II T 1'1 t. E'rJ d E?d Use of ~-3t.lt) j ec t )=. <:tr- C e 1. :: A PLANNED UNIT DEVELOPMENT FOR 400 UNITS (DETACHED AND ATTACHED) WITH PRIVATE ---------------.---------.----------.-----.----.---.-..--.....--.-.-..-----.----------..-.---------.--.--...-.-.-- RECREATIONAL FACILITIES FOR RESIDENTS USE. -..--------.--.---.----------.-----..-------..-.------..-..-----.------...........---....-....-----.----------------.-.-- 17. Developer or Builder: N.A. ..... -... -- -- "'" ..-. .-..- -... ..... --. ..- -- _H' ..... 'M', ._.. .,._..._ ..... ..... ..... ..... ..... ._. .~.. RU.._ _.. _._ ._. _... ._.. .~.. .__ ...~ _no __. .._ ..... ......_ ~_. .-----.-------.----..-.----------.-.-..-----------.-.------.-..------.--..-...--....-.-.---------.-------..-----.. 1 !3 .. Arc ~i i tee t :: M .:_.~..~}:1..~_ ._..Q.~.?..! ~~. ...~..~.QY_~!._.~ ~Q. _~_9.~!_~_ ._~.!.~. !~... ..~..~_ ~ ~_~~.~ ~ _~..:..~.:~. :._.'._. ..~ .~.~:__.....~ ~ ~_q]_. ... 1 9 n Lan d ~; C c.1 p e p".- chi t E~ C t.: TH.~_... .~~.~P.... ~T~_~~.~Q.~ H.}_~ _ ~ 9_.._. ..?'Q.Qn.P !.._. ?9!9 _~p.._ ..... !l.:..~:.~...:. -'_ .f~.: _.3 3 40 5 20. Site F'lCiI-lr"ii:~I'-: M.S.t1. DESIGN GROUP, 630 S. DIXIE HIGHWAY, W.P.B. FLA. 33401 'Ross-i - & n-~;AiAVAS"i -:. --{riG 1 N E ['ks"; .-- nit-.: -.. "-500--' \j" tLLA Gf'-SOU LEVKRD ..-. -. .-- -- .n_ 2 1. C i v i I En 9 i r'l (,=,' e 1"': S U C1I..J. 4..Q.~.._. W. :_P...~..~ _~_ J_ .J~.A:.. _.. J.;31Q.~. '" .... .... _._ __ __. ..... __ ....._. _ _.. ._. ._. ._. _. __ .._. _... .'_' __ _. .... _... ._.. _._ K. S. ROGERS CONSULTING ENG. INC. 1495 FOREST HILL BOULEVARD 22 . T t- {3. .f .f i c:: En q i n E\ er-: LA.KE ....C.LA.R KE.. _S.HO.RES.., ..._ FLQRI DA_.._ ..33.40.6._ .._. ._.. .._ _... _._ _.. __ ..._ ..... _._. ..... .h_ ~... ..... ..... ..... ..... _u, __.. ._.. RICHARD L. SHEPHARD AND ASSOCIATES, INC. . :2 3 . ~"3 u r' ve y m- : _... _...._ _.. .310.. S... .._fEDERALHI GHWA.Y... _..B1lY tHON.... .BEACH. ....ELQRI DA. ..... 3.3 4.3..5...._ ..n. __ .._. n_ _._ II.. ~0I~Bleb$_IQ_pg_GU?~III~Q_WIIH_QtEb![aIlQ~ The following materials shall be submitted, in two (2) copies. (check) .;3... Thi~5 C:1pplicc.1tion -fol'"in. b. A copy of the last recorded warranty deed. c. The following documents and let.ters of consent: (1) l.f thE? propE~I,..ty i~; under joint (:)1'" ~.;;E'VE:~r--:7:\l ownl::?l~ship: (~\<Jritten consent to the application by all owners of record, and (2) If the applicant is a contract purchaser: A COPy of the purchase contract and written consent of the owner and seller, and (3) If the applicant is represented by an authorizud agent: A copy of the agency agreement, or written consent 6f the applicant~ and (4) If the applicant is a lessee: A copy of the lease agreement, Planning Department 1-86 page 3 ~n .~_.~_ ~ .________._...Ji... (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreational facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous w0ste disposal, fire protection, easements or rights-of-wav, roadways. recreation and park areas, school sites, and other public improvements or dedications as may be required. (11) For rezonings to planned zoning districts, the specl~lc t"-i-:?qui :"E'mE~nts .f or subllii :~:;si Clf1 of app 1 i cat ions; for r-p:.: on i Ilq tD s.;uch districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. III.. BEE~!~eI!QU_EE~~~ Fees shall be paid at the time th0t the .application is submitted, according to the fees which have been 6dopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required. All fees shall be paid by check~ payable to the City of Boynton Beach. IV. ~~BI!EIC8I!gU (I) (We) understand that this application and all plan and papers submitted herewith become a part of the permanent records of the F'lc"tnnj.nq and Zcminq Board. (1) <l'J€'~) hereby cer'\:j.+y th,::'\t the abo\!E? statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed <7:\C c:or-d i nq '.0 thE' i 'lstn..lct ions bE)), 0.'".). .__~/?:2/~cz._..._......._...._ Date::, - nl _.__ _M_ ___0___ _ ____ ~lcnature of Owner(s) or TrJstee. or Authorized Principal 1 property 1~ owned by a corporation or other business entity. '__,"no __..' .__ ___ _.___~._. _ _ ________ ..... ___ !:;:i. qnatul e of Authol'" i z r:~cl (.!tqE.nt .... .'- - ..._l~ ::-._~2:::_a=1...... --- D ;;;\ t. E? v. (I) (~tJp) hpn.?by designate the above signed person a<::; (my) (Dl.U'-) ;:~uthorized agent with rega-d to t is application. ~I- ...-.....j?L~2jLf---.---- Datt~ p<:.\ge "7 . -'"' --_.__.__.~--~_.. ~~.~.nll.... Rf~...II..... m~p.IIR.... DESIGN GROUP ."~' - ARCHITECTS'. ',' ENGINEERS, '. ". . PLANNERS _ . 630 SOUTH DIXIE HIGHWAY, WEST PALM BEACH, FLORIDA 33401-5835 407/659-5701 STATEMENT JUSTIFYING ZONING REQUEST Boynton Nurseries has previously filed applications for annexationt future land use amendment and rezoning (Planning Department files 349 and 350) in regard to the subject property. The land use category requested in the pre- viously filed application is Low Density Residential which permits 4.84 units per acre. This application was approved by the Planning and Zoning Board December 12t 1989 and approved by the City Commission December 19t 1989. The land use plan amendment has been forwarded to the Department of Community Affairs for their review and final action by the City Commission will probably occur. in late March or April 1990. The zoning requested in this application is consistent with the land use designation of Low Density Residential which has been approved by the Planning and Zoning Board and City Commission. Furthermoret the subject property is located in what is designated as planning area 9 as referenced in the Future Land Use Element of the 1989 Boynton Beach Comprehensive Plan support documents. The comprehensive plan indicates that the densities in this planning area should be IIlimited to the mid-point of the density range shown on the Palm Beach County land use planll in effect in 1987t IIfor parcels which are currently zoned agricultural....1I The city's 1989 comprehensive plan indicates that on the west side of Lawrence Road property in the county's designation of 8-12 dwelling units per acre (which was applicable to approximately 60 acres of the subject property) should be limited to 5 dwelling units per acre to prevent land use conflicts with the surrounding low density residential projects. As the planning staff pointed out in the memo to the chairman and members of the Planning and Zoning Board dated December 5t 1989 with regard to the subject propertYt lias shown on the county's land use plan that was in effect in 1987 and on the land use map in Exhibit D the land use of the portion of Boynton Nurseries that fronts on Lawrence Road is Medium-Medium High Density Residential (8-12 dwelling units per acre) which as previously discussed should be limited to 5 dwelling units per acre upon annexation into the city. The southwest portion of Boynton Nurseries has a Low-Medium Density Residential land use (3-5 dwelling units per acre; the mid-point of the density range being 4 dwelling units per acre. Therefore the Low Density Residential land use requestedt allowing a_ maximum 4.84 dwellin units er acre is consistent with the cit 's com rehensive plan. Thereforet the zoning request being made in this application is consistent with existing comprehensive plan policies and consistent with the Planning and Zoning Board1s and City Commission's action on the applicant's land use amendment application to designate the property for IILow Density Residentialll. 11."'.1 ~ [] . ~ Dlvlllo"_of ~. R_OB~RT KIMBALL.~. AS&OCIA TEB, INC.._ , ........... ........... .......... DESIGN GROUP ARCHITECTS . 'I::NGINEI::~S. .>. PLANNI::~S > , 630 SOUTH DIXIE HIGHWAY, WEST PALM BEACH, FLORIDA 33401-5835 407/659-5701 COMPARISON OF THE IMPACTS UNDER PROPOSED AND EXISTING ZONING. 1. NUMBER AND TYPES OF UNITS THE PRESENT AR COUNTY ZONING ALLOWS ONLY 20 UNITS, SINGLE FAMILY TYPE, BUT AT THE SAME TIME THE COUNTY COMPREHENSIVE PLAN WILL ALLOW UNDER A P.U.D. A TOTAL OF 377 UNITS OF ANY TYPE (63 IN THE WESTERN SECTION AND 314 IN THE EASTERN SECTION). THE PLAN SUBMITTED PROPOSES 400 SINGLE AND MULTI-FAMILY UNITS, ONLY 6% ABOVE THE MAXIMUM ALLOWED BY THE COUNTY, BUT WITHIN 1% OF THE CITY PLAN (400 VS. 404) 2. USES PROPOSED THE USE PROPOSED IS STRICTLY RESIDENTIAL WITH SINGLE FAMILY (r10ST PROBABLY, PATIO HOMES) AND f\1ULTI-FAt-lILY UNITS O10ST PROBABLY, TOWNHOMES) WITH PRIVATE RECREATIONAL FACILITIES. 3. TIMING AND PHASING THE PROJECT IS PROPOSED TO BE UNDER COMPLETION BY 1993. PODS D & E BY 1991 AND PODS A, B & C DURING 1992 AND 1993. 4. MARKET ANALYSIS (NOT APPLICABLE) 5. TRAFFIC ANALYSIS (SEE REPORT PREPARED BY K.S. ROGERS CONSULTING ENGINEER, INC.). 6. WATER DEMAND (SEE ROSSI & MALAVASI ENGINEERS, INC. STATEMENT) 7. SEWAGE FLOW (SEE ROSSI & MALAVASI ENGINEERS, INC. STATEMENT) 8. POPULATION PROJECTION TOTAL NUMBER (AT 2.5 PERSONS/UNIT) 1000 o - 19 (CHILDREN, SCHOOL AGE POP.) 225 20 - 54 (COUPLES, SINGLE PARENTS, SINGLES) 487 55 & OV~R (RETIRED, SEMI-RETIRED) 288 A80VE FIGURES ARE ESTIMATED IN ACCORDANCE TO GENERAL POPULATION TRENDS, BUT MAY VARY CONSIDERABLE WHEN A SPECIFIC MARKET IS TARGETED OR DEVELOPS ITSELF FOR THE PROJECT. 9. LAND USE CONFLICTS (NOT APPLICABLE) !I."'J ~ [J' A DivisIon of L. ROBERT KIMBALL & ASSOCIATES, INC. 10., A). SOIL CONSERVATION' (SEE ATTACHED REPORT BY SOIL & WATER CONSERVATION DISTRICT). B). GRADE ELEVATIONS (SEE ROSSI & MALAVASI ENGINEERS, INC. DRAINAGE REPORTS). C). WATER BODIES (SEE ~~STER PLAN AND ROSSI & MALAVASI ENGINEERS INC. DRAINAGE REPORT). Dl. RECREATIONAL FACILITIES MAINTENANCE THROUGH A HOME OWNERS ASSOCIATION E). WRITTEN COMMITMENTS OF FACILITIES (NOT REQUESTED AT PRESENT) 11. MASTER PLAN MATERIALS (ATTACHED) . b."',d g 0' A Division o' L. ROBERT KIMBALL & ASSOCIATES, INC. ****************************************************************** 1. February 23, 1990 page 1 of 3 2. The following paper is an informal report describing flora and fauna observed February 19, 1990 between the hours of 9:00 AM and 11:00 AM within the western-most segment of Boynton Nursery '(of the entire nursery parcel this segment contained approxi- mately 21.0 acres) located at 8355 Lawrence Road, Boynton Beach, Florida. 3. This report was prepared by Cliff Leisinger, President, of The Land Stewardship Co. 4. File No. 0104-3.0 ****************************************************************** At the suggestion of the Boynton Beach Urban Forester, Mr. Kevin Hallahan, the MSM Design Group requested The Land Stewardship Co. to inspect the above referenced segment of land and prepare an informal report describing observations experienced on the site. At 9:00 AM on the morning of Monday, February 19, 1990, I met on the site with Mr. Delfin Menendez of MSM Design Group. Together, with a colored air-photo at 1:50 scale in hand,we began walking around the rectangularly-shaped parcel (the long portion running east-west) at the southeast corner and progressed westward along the southern boundary canal (LWDD #21). Along this canal we observed the results of a fire as evidenced by the still-scorched trunks of trees and the leafless and obviously dead trees. All of the trees observed seemed to have been pine trees and they ranged in height from thirty feet to approximately fifty feet. From the weathered appearance of the scorched tree trunks, the absence of any trees of lesser height, and the present growth of ground cover and shrubs, I estimated the fire to have occurred perhaps five years earlier or more. Ground cover now was composed mostly of native lantana (Lantana verbenaceae). The reason the pine canopy was surprisingly destroyed by fire could have been due to the presence of Florida holly (Schinus terebinthifolius) in such mature, high-grown, massive amounts as was witnessed in the western portion of the parcel. Had the holly been so tall (twenty to thirty feet, 20'-30') within the southeastern section we inspected then the fire's flames would have been carried directly to the tall pine's canopy thus creating a crown fire. The physical extent of fire damage covered approximately fifteen to twenty percent (3.15 to 4.00 acres) of the 2l-acre parcel. At two-thirds of the way west along the canal we turned north to investigate a particular tree standing in the middle of the site which was easily observed in the air photo. The tree was identified as a Ficus benghalensis and had a trunk system about Field Report for Boynton Nursery February 23, 1990 page 2 of 3 fifteen feet in diameter, an overall height of fifty feet plus, and a spread of sixty feet plus. From the canal bank to this tree we observed undergrowth of native lantana, wax myrtle (Myrica cerifera), Florida holly, and poison ivy (Rhus toxicodendron). Throughout this middle area, in addition to the eastern half of this parcel, we observed extensively machine-cleared vegetative removal. This was evidenced by exposed soil and scattered mounds of piled shrub cuttings and remains. We also observed slash pine (Pinus elliottii) in various stages of growth from infant (seed- ling) to mature fifteen-inch (15") diameter trunk and an occasion- al live oak (Quercus virginiana). The large ficus tree marked the western boundary of a stand of Australian pine (Casuarina spp.) which appeared quite established. From the ficus tree we walked northwest to investigate a growth of saw palmetto (Serenoa repens) thriving with slash pines. Along the way we walked through numerous stands of grasses: broomsedge (Andropogon virginicus); pineland threeawn (Aristida stricta); and lopsided indiangrass (Sorghastrum secundum). Again, we witnessed vast undergrowth clearing which seemed to be aimed at removing the Florida holly. We paused in the northwest corner of the parcel and identified where the clearing operations ceased and the surviving Florida holly remained. The holly reached heights of thirty plus feet and formed impenetrable masses. Mature pine trees seemed to be engulfed by the holly as were several sabal palm (Sabal palmetto) trees. Several live oak trees were seen, but these as well as the pines and few sabals seemed overwhelmed by holly. No seedlings or sapling trees were seen which indicated a declining pineland ecosystem. A few wax myrtle were seen in addition to some grasses but overall the Florida holly dominated. It was in this area walking from the saw palmetto to the northwest corner we witnessed two blue herons in flight. The herons seemed to be foraging which is considered common in pineland systems so closely associated with a working canal. We did not see any nests either active or inactive anywhere in the parcel. We turned south and walked circuitously through adolescent slash pine, wax myrtle, holly, and grasses to return to the canal at the extreme southwest corner of the parcel and thence back to the point of beginning. :r . -i Ln r:u tt'l P"l ..D 00 \ocf? c# .SD OJ OJ r --i CL lfl ru --i Lfl en ~HIS IS A DEED PURSUANT TO A CORPORATE DISSOLUTION AND NO DOCUMENTARY STAMP TAX IS DUE AND OWING PURSUANT TO DEPARTMENT OF REVENUE RULE l2B-4.l4(9) uoe_.u~, ,.. ,.. Sod, . IAunltllh 'A ,.. C[.~~~~~rl.rl" THIS WARRANTY DEED made this 1~~~ day of December, 1986, by BOYNTON NURSERIES, INC. a Florida corporation (hereinafter called "Grantor"), to BOYNTON NURSERIES, a Florida general partne~shi~, whose mailing address is 1425 Wilkins Avenue, West Palm Beach, Florida 33401 (hereinafter called "Grantee"). WARRANTY DEED (Wherever used herein the terms "Grantor" and Grantee" include all the parties to this instrument and their successors and assigns) WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate and being in Palm Beach County, Florida, more particularly described as follows: /J"'. The South one-half (Sl/2) of the Southwest quarter (SWl/4) of the Northeast quarter (NEl/4); the Southeast quarter (SEl/4) of Northeast quarter (NEl/4) and the South one-half (Sl/2) of the Northeast quarter (NEl/4) of Northeast quarter (NEl/4), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, conditions, easements and agreements of record; taxes and assessments for the year 1986 and all subsequent years; and all applicable environmental, zoning and tand use ordinances. \.: ~.it. AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered: in the Presence of: HUu ~ fwwt:'~ J.ames D. Sturrock, Jr., President >Z9~.,(~~~ ~ (CORPORA'l'E SEAL) This Instrument was Prepared by and Should be Returned to: w. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33401-6194 ;' ~ ....., ~ . . .. ~ If" >4'" AUTHORIZATION OF BOYNTON NURSERIES, A FLORIDA GENERAL PARTNERSHIP ALLOWING AND AUTHORIZING JAMES D. STURROCK, JR., MANAGING PARTNER TO REPRESENT THE PARTNERSHIP IN CONNECTION WITH REZONING APPLICATION FILED WITH THE CITY OF BOYNTON BEACH WHEREAS, BOYNTON NURSERIES is a Florida General Partnership; and WHEREAS, JAMES D. STURROCK, JR., ROBERT R. HORNER, JR., SANDRA S. WYGANT, and WILLIAM D. STURROCK are all of the partners of BOYNTON NURSERIES; and WHEREAS, JAMES D. STURROCK, JR., AND ROBERT R. HORNER, JR., together own in excess of 51 percent of the partnership interests in BOYNTON NURSERIES, do hereby authorize JAMES D. STURROCK, JR., to act as agent on behalf of the partnership in regard to all of the above-referenced application being filed with the City of Boynton Beach. IN WITNESS WHEREOF, the undersigned have executed this Authorization this 26th day of December, 1989. ~~~o- R~~~L Exm "A" LEGAL DESCRIPTION 1IJ.1n.1 I \AIr 'fl. I1r -~ 8u "-'- o a: C. NV1 (. The Suuth one-half (SI/2) of the Southwest quarter (SWl/4) of the Nor the a s t qua r t e r (N Ell 4 ); the So u the a s t qua r t e r (S E 1 I 4) (I f Nurtheast quarter (NE1/4) and the South one-half (SI/2) of the Northeast quarter (NE1/4) of Northeast quarter (NEl/4), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. MEMORANDUM TO: Mr. Tim Cannon Interim Planning Director DATE: February 6, 1990 FROM: Betty S. Boroni City Clerk RE: Planning & Zoning Board Meeting of February 13, 1990 Attached please find a letter from Schmidt & Pheterson in reference to the Boynton Nurseries rezoning application scheduled to be heard by the Planning & Zoning Board on February 13 and the City Commission on February 20. Be~~ BSB/smk Attachment cc: City Manager City Commission City Attorney P&Z Board Members <!I'" ,.,..",....,~, ..,....,~If..,-r ,j:, " '.' ~~I/" _'-- \ -' . .L- ~, f" ,','.. . L ~- ><- ~..:;.-_.:;",,","' ". ~---_._.._---- -~---- - ~------,'--" ,-,,-"---"-~-'-- ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, February 13, 1990, at City Hall Commission Chambers, Boynton Beach, Florida to consider a request for REZONING covering the parcel of land described as follows: LEGAL DESCRIP'rION: The South one-half (S !) of the Southwest quarter (SW i) of the Northeast quarter (NE i): the Southeast quarter (SE i) of Northeast quarter (NE i) and the South one- half (S !) of the Northeast quarter (NE i), of Northeast quarter (NE i), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. APPLICANT/ OWNER: Boynton Nurseries, A Florida General Partnership Delfin F. Menendez, M.S.M. Design Group & Roger G. Saberson, Attorney at L~w AGENT: PROJECT NAME: Boynton Nurseries PROPOSED USE: Planned Unit Development for 400 units (detached and attached) with private recreational facilities for residents use. LOCATION: 8355 Lawrence Road, Boynton Beach, Florida 33436 REZONING from AG (Agriculture) to PUD (Planned Unit Development) with LUI = 4 A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on February 20, 1990 at 6:30 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits. REQUEST: ,. All interested parties, are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony, and evidence upon which the appeal is to be based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA lcc PUBLISH: THE POST January 28 & February 4, 1990 " LAW OFFICES SCHMIDT Be PHETERSON 400 SOUTH DIXIE HIGHWAY THE ARBOR . SUITE 420 BOCA RATON, FLORIDA 33432 PETER H, SCHMIDT I. ..JEF"F"REY PHETERSON TELEPHONE (407) 394-2700 BROWARD 428. 0433 January 2, 1990 Timothy P. Cannon Planning Department City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Cannon: It is my understanding that the owners of Boynton Nurseries have filed an application for a planned unit development regarding the property on Lawrence Road which was recently annexed by the City. Subsequent to our conversation on Thursday, December 14, 1989, I have spoken with Mr. Menendez of MSM Design Group regarding the plan submitted to the City. After these discussions, and after consulting with a number of residents of the properties in the neighborhood to the west of this PUD, I believe it is the general consensus of all concerned that it would be a serious mistake to require a western access for vehi- cular traffic onto Sun Up Road from this PUD. The plans or ig inally submitted by MSM Design Group reflected a cul de sac in the western portion of the PUD. Based upon a pre- liminary review of this plan, I understand that the planning staff of the City requested a western access, which request has been incorporated into the plan now submitted to the City. Requiring this access would be detrimental to the character of our existing neighborhood and we would respectfully request that the planning department and the City reconsider this requirement. The homeowners on White Feather Trail, Old Military Trail, Sun Up Road and Redding Road comprise the Trail Bend Homeowner's Association. Our neighborhood is currently zoned agricultural residential in Palm Beach County. We have carefully maintained a quiet, semi-rural setting. Opening a western access onto Sun Up Trail will have a devastating effect on the minimal traffic flows n '!i) .r'~'"ff'\\f'f.;i~' ...:u...~ ~..;C,.&. ':' ..f.l,3jd Jj'N 8 J.980 PLANNiNG DEPT. ..-._..~ Timothy P. Cannon January 2, 1990 Page 2 currently experienced by the residents of the Trail Bend area. This quiet, lightly trafficked area is currently enjoyed by fami- lies with small children who ride bikes and walk on Sun Up Trail, White Feather Trail and Old Military Trail. The addition of this traffic, even if restricted to residents of this PUD and their guests, would virtually eliminate what little tranquility remains in our neighborhood. I understand that the requirement of a western access is a pre- ference on the part of the City planning staff, not a mandatory requirement of your land use code. You advised us that the pre- ference is based upon a desire to have increased access for police and fire protection, as well as secondarily for sanita- tion. However, western access for these purposes could not be controlled. Any concerns about these services can best be addressed using the other arterial roads in the area. On behalf of the Trail Bend Homeowner's Association and residents of the Trail Bend Area, I would offer to meet with the City staff regarding these potential concerns. We would like to preserve the integrity of our neighborhood and work with the City and the developer to accommodate all legitimate concerns. We would like to meet with representatives of the fire, police and sanitation departments in an effort to reach a mutually acceptable resolu- tion to these issues. Please contact me or Bob Taylor as to how we can best work with you to resolve this matter. IJP/sb cc: Robert Taylor Delfin Menendez Sincerely, 1 ) r""',: ~/ '1.'4""Y-{~/~~ "/ ---- ,......-~ "'-.. '--- ---- ,~ I - I~~:strey Pheterson --.. SCHMIDT Be PHETERSON ATTORNEYS AT LAW BOCA RATON, FLORIDA " !Ij! III ~ = I f I i 90'.0" '.,... 11011110. .......l1li. 1101.'01 .JOI ~,. ~ i J ! t 1m 1..1 i ~ .O~~~0"~'~3~;yO~;~~;:~~"ID.Id: sl I If 1ii I!l.UiI ,: I' _5 .to .1'. ,llwl -. ----. . ;', 5~ I ---_==-_ u '- . ) A \. 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Ii: : ! i! ;t" Ilii~!. : n I' !. . I , . II :: Ii. I...........,.. II .1'. ,. .. ". ..1 I~ " " .' .. I .. I....~..... I., I ... 'I : '-'''-''0 ,- · I Ii ~ 0 · , . i r. _! " I I, I II !!i.... r i! !I II I. 11'1:;! "'11 t li-::n: it r. if: I q: I SIII~I:!:!l!!1 jii Ijil. i;: ~!l!;i ~ . ~ Ii 1.1 Ii 1'1' o IlIlm,!;!i III bll. ~i :!i!i!; g . r: Ii. II In!J . I . !nil (' ~-~:""<_.~r~~:~:"''''' -r;" '~'.; '. !I : .,', ," * ~ I . II ! I' · ., , " . I I I Ij I I II · '1.II'i .,1'11. .. z o ~ c ~en ~ ILl c( c enlLl L ILl a: III a:c( It a. I/) ii 1Lllll: t ~~ r ... a. . ~ -I:; 3111 gg ..U ~~ ..,. . ~ . III e . ~ i L I. :~ . ~: r~ I~ II' . I I I II. I II . , ~~ . t i .:' ., . II' 1;- IP r, ;: I ji h, I i I I,. I en .' , . I' I 0 . ,I I iil I Ii! II'i I a J;~ I ! ,: 'I: ".' ,fl 0 en ,i1iiJ I . ':1 .I ,if iii' . t- 'f. a. ... =j- i JII I,! : I: : W I ,I I lill I ...I Z ...~ (5 'i! H~ ' . . h I 'l-- - , . I II I . I c( I ijl ; ;.:'" 1(: I hi I 11111:'; Ii ~ a. - . A.. I . . . If;::' ;.: 'In ,,. ,I; elJ en Iii ij1J1 ! '; ~. · - hi I i"" I ;Ij I-II "Ii'. , "', ILl en , ~ -.1' ~ ~ 1.:1 1Ii111! .;., !!. Ii" i"!!ll 9 ILl Ft~ , l.11I J en 0 . ~ ''Fl' Z ~ ! ;:i "jl;iI1,li: 11I!I.j i'll ,nlll, ILl 0 L ,. 0 ... I' I' I, .,- a: c Ill' i= j i m fl!!;~~ Ii m : !In I! Iii ,I ;!~ii~ ~ B :- ., c( 0... '- 0 "9 :&...:.' ....,., of ~ I THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THOMAS J. MI LLS SUPERINTENDENT OF SCHOOLS GROWTH MANAGEMENT CENTER (407-624-7239) 3930 RCA BOULEVARD, SUITE 3004 PALM BEACH GARDENS. FLORIDA 33410-4272 .. ... . .... . . . February 15, 1990 RE: Impact Analysis - Proposed Boynton Nurseries PUD, Boynton Beach This statement is provided in fulfillment of Chapter 235.193, Section 2, Florida Statutes to ensure that public education facilities are coordinated with plans for residential development. It addresses the concerns of the Palm Beach County School Board as they specifically relate to the anticipated impact of the construction of 162 single family and 238 multi-family dwelling units located on 83.85+ acres within a proposed PUD for Boynton Beach Nurseries Inc. on Lawrence Road south -of Hypoluxo Road. A study was conducted utilizing demographic multipliers for Palm Beach County to estimate the number of students which would be generated from this type of development. No information was received regarding the number of bedrooms found in these types of dwelling units. For the purpose of this analysis it is assumed that all single family units will consist of 3+ bedrooms and all multi-family units will consist of 3 bedrooms. The Growth Management Center estimates 77 elementary, 67 middle and 64 high school students will be generated by the project. The geographic area in which these proposed dwelling units will be located is presently served by Galaxy Elementary, Congress Middle, and Santaluces High School (see note I). Following is a breakdown for each school's projected peak membership for 1989-90 and current permanent capacity. Galaxy Elementary Congress Middle School Santaluces High School Projected Peak Membership Current Permanent Capacity 901 623 1,044 1,356 2,476 1,954 Students generated from this development in this area will further overcrowd the assigned elementary and senior high schools in the area. The construction of this development will not have an adverse impact on School Board efforts to racially balance area schools. The School Board will continue to actively pursue a policy of providing adequate school facilities for all the children of Palm Beach County. Note 1 - Attendance boundaries are reviewed annually and are modified to accommodate the opening of new schools and/or School Board policies dealing with overcrowding and/or racial balance. cc: City of Boynton Beach Boynton Nurseries, Inc. William V. Hukill Howard Johnson File RECEIVIJJ' FEe 27 1990 PLANN/j~G DEPT. WPD3\DOC\SITE\NURSERIE.PUD - Walter H. Klt;t1er Jr., Inc. TRAFFIC &: TRANSPORTATION · PLANNING. ENGINEERING · LAND DEVELOPMENT February 5, 1990 Mr. Timothy Cannon, Acting Director City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Traffic Impact Review - Boynton Nurseries pun Attn: Mr. Jim Golden Dear Mr. Cannon: As per your request, the traffic impact study for the proposed Boynton Nurseries PUD residential development prepared by K.S. Rogers, Consulting Engineer Inc. dated December 26, 1989, has been reviewed. The initial part of the review focuses on the technical merits of the study. Utilizing the results of this analysis, conformance to the City's Comprehensive Plan is evaluated. Trip Generation The project proposes the construction of 400 dwelling units including 162 single family and 238 townhomes. A revised trip generation analysis indicates that the Applicant has overestimated the projected number of trips. Table 1 provides a comparison between the WHK and Applicant analysis. Table 1. Trip Generation Comparison Land Use WOK Analysis Single Family Townhouse Total Daily AM PM Size Units Trip Equation/Rate Trips In Out In Out 126 DU Ln(T)=.94Ln(#DU)+2.6 1,269 27 73 85 50 238 DU Ln(T)=.84Ln(#DU)+2.6 1,335 17 89 87 43 400 DU 2,604- 44 162 172 93 Applicant Analysis Single Family Townhouse Total 162 DU 238 DU 400 DU 10.00 7.00 1,620 1,666 3,286 Source: Walter H. Keller Jr., Inc. ITE Trip Generation Manual 4th Edition K.S. Rogers, Consulting Engineer, Inc. The difference in the trip generation analysis is the source of traffic generation rates and/or equations. The Applicant utilizes those rates provided by Palm Beach County for use in the application of traffic impact fees. The WHK analysis is based on the equations provided in the 4th Edition of the Institute of Transportation Engineers Trip Generation Manual. Both of these sources are acceptable. 10211 W. SAMPLE ROAD, SUITE 204 · P.O. BOX 9740 CORAL SPRINGS, FLORIDA 33075-9740 (305) 755-3822. (407) 732-7844 (Palm Beach) Walter H. Keller Jr., Inc. Mr. Timothy Cannon February 5, 1990 page two Trip Distribution A trip distribution analysis was also performed as part of this review. The WHK analysis is based on a five mile radius of influence and employment data provided by the Palm Beach County Metropolitan Planning Organization. The results of the analysis indicate some difference with the Applicant analysis. A comparison of the results is provided on Table 2. Table 2. Trip Distribution Comparison Directic WHK Applicant North South East West 29.0% 34.0% 22.0% 15.0% 31.5% 26.0% 36.5% 6.0% Source: Walter H. Keller Jr., Inc Kimley-Horn Palm Beach County MPO Trip Assignment Based on the analyses of trip generation and distribution, a trip assignment procedure was performed. Table 3 provides a comparison of the WHK and Applicant assignments. The Table indicates that even though differences were found in both the trip generation and distribution analyses the assignment volumes are comparable. In most instances, the WHK assignment is lower than the Applicant's assignment. Note, the Applicant does not address traffic on Boynton Beach Boulevard east of the intersection at Old Boynton Road. Background Traffic The review's background traffic analysis is based on historical growth patterns in the area. Traffic count data from 1986 through 1989 was obtained from Palm Beach County and analyzed for average annual growth. Table 4 indicates annual growth rates between 8.6% to 15.1% on impacted roadways. The Applicant's study indicates similar results ranging from 7.4% to 14.5%. . . . ., . Mr. Timothy Cannon February 5, 1990 page three Table 3. Assignment Comparison WHK APPL DesigJ LOS Proj Proj Roadway From To Type Cap Trips Trips Miner Rd Lawrence Rd Congress Ave 2L 13,100 260 329 NW 22nd Ave Military Trail Lawrence Rd 2L 13,100 156 296 Lawrence Rd Congress Ave 2L 13,100 513 690 Congress Ave 1-95 4LD 30,000 212 164 Old Boynton Rd Lawrence Rd Knuth Road 2L 13,100 182 164 Knuth Road Congress Ave 4LD 30,000 182 164 Congress Ave Boynton Beach Blvd 2L 13,100 52 99 Boynton Beach Blvd Lawrence Rd Congress Ave 6LD 46,400 125 328 Congress Ave Old Boynton Rd 6LD 46,400 112 296 Old Boynton Rd 1-95 4LD 30,000 101 Lawrence Rd Hypoluxo Rd Miner Rd 2L 13,100 1328 1117 Miner Rd Site Entrance 2L 13,100 1588 1381 Site Entrance NW 22nd Ave 2L 13,100 1016 1742 NW 22nd Ave Old Boynton Rd 2L 13,100 312 758 Old Boynton Rd Boynton Beach Blvd 2L 13,100 156 493 Congress Ave Hypoluxo Rd Miner Rd 4LD 30,000 221 262 Miner Rd NW 22nd Ave 4LD 30,000 26 66 NW 22nd Ave Old Boynton Rd 4LD 30,000 208 493 Old Boynton Rd Boynton Beach Blvd 4LD 30,000 156 427 Source: Walter H. Keller Jr., Inc. K.S. Rogers, Consulting Engineer, Inc. Walter H Keller Jr Inc Walter H. Keller Jr., Inc. Mr. Timothy Cannon February 5, 1990 page four Table 4. Historical Traffic Growth 1986 1987 1988 1989 Annual Roadway Link ADT ADT ADT ADT Growth NW 22nd Ave W of Congress Ave 4,566 6,347 7,386 8,025 20.2% E of 1-95 4,976 4,996 5,747 6,498 9.9% Total 9,542 11,343 13,133 14,523 15.1 % Boynton Beach Blvd W of Congress Ave 22,486 22,442 24,945 27,365 7.2% E of Congress Ave 24,087 27,021 30,854 31,972 10.3% W of 1-95 34,354 38,510 41,022 43,886 8.3% Total 80,927 87,973 96,821 103,223 8.6% Lawrence Rd N of Boynton Beach Blvd 3,703 4,386 5,486 8,680 32.0% N of NW 22nd Ave 4,505 4,933 5,218 4,837 2.7% N of Hypoluxo Rd 4,168 5,018 5,188 5,232 7.4% Total 12,376 14,337 15,892 18,749 14.4% Congress Ave N of Boynton Beach Blvd 21,532 26,046 25,704 29,808 10.1% S of Hypoluxo Rd 18,014 22,263 24,653 26,922 14.0% S of Lantana Rd 19,198 21,730 23,923 28,263 13.4% N of Lantana Rd Rd 20,717 26,304 31,206 31,850 15.7% S of 6th Ave 26.065 29,281 34,214 35,714 11.6% Total 105,526 125,624 139,700 152,557 12.9% Areawide Totals 208,371 239,277 265,546 289,052 11.5% Source: Walter H. Keller Jr., Inc Palm Beach County Engineering and Public Works Florida Department of Transportation Total Traffic The total traffic analysis provided in the Applicant's study is based on a 1992 build- out of the proposed project. However, throughout the early sections of the Applicant's study, the project is proposed for a 1993 build-out year. For comparison's sake, the WHK total traffic analysis is based on a 1992 build out date. The results of the WHK total traffic assignment are provided on Table 4. The Table also shows the results are comparable in most instances where the Applicant provides a projected volume. However, many of the links in the project area are not analyzed by the Applicant. This is due to the Applicant's reference to the Palm Beach County Traffic Performance Standards "1 % link test" as opposed to the Traffic Circulation Element Support Document of the City's Comprehensive Plan. Because of the missing data, conformance to the City's Comprehensive Plan will be based on the WHK study projections of future traffic. Walter H. Keller Jr., Inc. Mr. Timothy Cannon February 5, 1990 page five Table 5. Total Traffic Comparison 1989 WHK WHK Appl Desigl LOS C Existing Back Proj Total Total Roadway From To Type Cap Traffic ADT ADT ADT ADT Miner Rd Lawrence Rd Congress Ave 2L 13,100 312 400 260 972 NW 22nd Ave Mili tary Trail Lawrence Rd 2L 13,100 6,412 3,365 156 9,933 10,617 Lawrence Rd Congress Ave 2L 13,100 8,025 4,212 513 12,750 13,682 Congress Ave 1-95 4ill 30,000 6,498 3,410 212 10,120 Old Boynton Rd Lawrence Rd Knuth Road 2L 13,100 11,383 3,726 182 15,291 15,023 Knuth Road Congress Ave 4ill 30,000 11,383 3,726 182 15,291 15,023 Congress Ave Boynton Beach Blvd 2L 13,100 9,448 3,093 52 12,593 Boynton Beach Blvd Lawrence Rd Congress Ave 6ill 46,400 27,365 6,347 125 33,836 Congress Ave Old Boynton Rd 6ill 46,400 31,972 7,415 112 39,499 Old Boynton Rd 1-95 4ill 30,000 43,886 10,178 101 54,165 Lawrence Rd Hypoluxo Rd Miner Rd 2L 13,100 4,837 2,405 1,328 8,570 9,896 Miner Rd Site Entrance 2L 13,100 4,837 2,405 1,588 8,830 9,323 Site Entrance NW 22nd Ave 2L 13,100 4,837 2,405 1,016 8,258 6,964 NW 22nd Ave Old Boynton Rd 2L 13,100 8,680 4,316 312 13,308 11 ,494 Old Boynton Rd Boynton Beach Blvd 2L 13,100 8,332 4,143 156 12,631 11,231 Congress Ave Hypoluxo Rd Miner Rd 4ill 30,000 26,912 11,816 221 38,949 Miner Rd NW 22nd Ave 4ill 30,000 26,912 11,816 26 38,754 NW 22nd Ave Old Boynton Rd 4ill 30,000 29,808 13,088 208 43,104 49,707 Old Boynton Rd Boynton Beach Blvd 4ill 30,000 27,489 12,070 156 39,715 49,641 Source: Walter H. Keller Jr., Inc. K.S. Rogers, Consulting Engineer, Inc. Conformance to the City of Boynton Beach Comprehensive Plan Generally, the City of Boynton Beach's Comprehensive Plan provides for LOS "C" on collector and arterial roadways throughout the City. LOS "D" is acceptable on some arterials including segments of 1-95, US 1, Boynton Beach Boulevard, NW 22nd Avenue and Congress Avenue. According to the Traffic Circulation Element Support Documents of the Comprehensive Plan, once a roadway has exceeded its' LOS standard, traffic volume may only exceed the designated LOS capacity by 5%. Table 6 shows that the proposed development will impact four overcapacity roadways: Old Boynton Road, Boynton Beach Boulevard, Lawrence Road and Congress A venue. Note that since the segment on Lawrence Road is within the allowed 5% increment no improvements are required on that link. In contrast, the Applicant's report identifies improvements to NW 22nd Avenue and Congress Avenue. . ., . Mr. Timothy Cannon February 5, 1990 page six Table 6. Conformance to Comprehensive Plan Standards LOS Review 1992 Dsgn Stndrd 105% Proj Total Review Roadway From To Type Cap Cap ADT ADT LOS Miner Rd Lawrence Rd Congress Ave 2L 13100 13755 260 972 A NW 22nd Ave Military Trail Lawrence Rd 2L 13100 13755 156 9,933 A Lawrence Rd Congress Ave 2L 13100 13755 513 12,750 C Congress Ave 1-95 4LD 36000 37800 212 10,120 A Old Boynton Rd Lawrence Rd Knuth Road 2L 13100 13755 182 15,291 D Knuth Road Congress Ave 4LD 30000 31500 182 15,291 A Congress Ave Boynton Beach Blvd 2L 13100 13755 52 12,593 C Boynton Beach Blvd Lawrence Rd Congress Ave 6LD 46400 48720 125 33,836 A Congress Ave Old Boynton Rd 6LD 46400 48720 112 39,499 B Old Boynton Rd 1-95 4LD 36000 37800 101 54,165 F Lawrence Rd Hypoluxo Rd Miner Rd 2L 13100 13755 1,328 8,570 A Miner Rd Site Entrance 2L 13100 13755 1,588 8,830 A Site Entrance NW 22nd Ave 2L 13100 13755 1,016 8,258 A NW 22nd Ave Old Boynton Rd 2L 13100 13755 312 13,308 D Old Boynton Rd Boynton Beach Blvd 2L 13100 13755 156 12,631 C Congress Ave Hypoluxo Rd Miner Rd 4LD 30000 31500 221 38,949 E Miner Rd NW 22nd Ave 4LD 30000 31500 26 38,754 E NW 22nd Ave Old Boynton Rd 4LD 36000 37800 208 43,104 F Old Boynton Rd Boynton Beach Blvd 4LD 36000 37800 156 39,715 F Source: Walter H. Keller Jr., Inc. City of Boynton Beach Summary In order to meet the City's requirements the Applicant needs to show the City that a 1992 buildout year is feasible and to expand the analysis of projected conditions to all roadways impacted by the project assignment. In addition to this information, assurance of roadway improvements should be provided. Based on Palm Beach County standards, assurance of roadway improvement would require the project to be scheduled for construction in the County Transportation Improvement Program, the State Five Year Work Program or part of a Municipal Capital Improvement Program. The project may also be considered assured if it is part of a developer agreement and has been secured through bonding with the City or County. Walter H Keller Jr Inc Walter H. Keller Jr., Inc. Mr. Timothy Cannon February 5, 1990 page seven Based on the review analysis this would include Congress A venue from Boynton Beach Boulevard to Hypoluxo Road, Old Boynton Road from Lawrence Road to Knuth Road and on Boynton Beach Boulevard from Old Boynton Road to 1-95. Upon the City's acceptance of the additional information, the project may be approved. However, developement must coincide with the implementation of roadway improvements. Roadway improvements may be considered underway at the time of project letting. If you have any questIons p ase contact me at (305) 755-3822. st1iJ ' Walter H. Keller Jr., PE, AICP President WHK/us