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
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PLANi\fil'iG DEPT. .
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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
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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.
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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.
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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
~
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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
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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.
~~~
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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
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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
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Chief
407/738-7431
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BOYNTON BEACH FIRE-RESCUE DEPARTMENT
100 E. Boynton Beach Blvd - P.O. Box 310
Boynton Beach, FL 33425-0310
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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.
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~ 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).
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TAMBRI J. 41EY~~
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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
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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.
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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~.
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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
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He:: o:.:.n i nq onl y
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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 .,'
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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
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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
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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
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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.
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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,
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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
;'
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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
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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
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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-{~/~~ "/ ----
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I~~:strey Pheterson
--..
SCHMIDT Be PHETERSON
ATTORNEYS AT LAW
BOCA RATON, FLORIDA
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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