CORRESPONDENCE
CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(407) 734-8111
OFFICE OF THE PLANNING DIRECTOR
13 October 1989
Mr. Dennis R. Foltz
Palm Beach County Planning Director
800 13th Street
West Palm Beach Florida 33406
Re: Boynton Nurseries - File No. 350 ~
Annexation, Land Use Element Amendment/
Rezoning Requests
Dear Mr. Foltz:
Enclosed you will find copies of the location map and application
for the above-referenced annexation and land use amendment/
rezoning request. This project is located on the west side of
L~wrence Road, approximately 1300 feet north of N.W. 22nd Avenue
at the northwest corner of Lawrence Road and the L.W.D.D. L-21
Canal.
Please provide your comments concerning consistency with the
County's Comprehensive Plan, and a summary of the County zoning
categories which abut this parcel in the immediate vicinity.
Yours very truly,
CITY OF BOYNTON BEACH
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CSA/cmc
Enclosure
xc: Central File
Carmen S. Annunziato, A.I.C.P.
Planning Director
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CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
OFFICE OF THE PLANNING DIRECTOR
January 17, 1990
Atty. Roger G. Saberson
110 East Atlantic Ave.
Delray Beach, FL 33444
RE: Boynton Nurseries Comprehensive Plan Amendment
Dear Mr. Saberson:
As outlined in the attached correspondence, the City has been
notified by the State of Florida Department of Community Affairs
that the submittal of the Boynton Nurseries Comprehensive Plan
Amendment is incomplete.
Many'of the items indicated as being incomplete or missing by the
Department of Community Affairs (DCA) can be furnished by staff.
However, DCA is requiring "a description of the availability of
and the demand on: Sanitary Sewer, Solid Waste, Drainage, Potable
Water, Traffic Circulation and Recreation, as appropriate". This
information must be submitted to the Planning Department in 10
copies for transmittal to DCA.
As indicated by Mr. I Nave, the proposed amendment cannot be
processed by DCA until the additional information has been
furnished.
Very truly yours,
~YNTON BEACH
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TIMOTHY P. CANNON
Interim Planning Director
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cc: Central File
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE. TALLAHASSEE,
FLORIDA 32399
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BOB MARTINEZ
GowrllOl'
THOMAS G, PELHAM
SecreWy
January 11, 1990
Mr. James J. Golden
Senior City Planner
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
Dear Mr. Golden:
We have received the proposed amendment to the Boynton Beach
Comprehensive Plan, submitted to the Department as required by
Chapter 163, Florida Statutes. The amendment information is
incomplete as submitted.
The submittal requirements for amendments to lbcal govern-
ment comprehensive plans are prescribed in the enclosed Chapter
9J-11, Florida Administrative Code, "Procedure Rule for Review of
Local Government Comprehensive Plans and Amendments." In par-
ticular, your transmittal letter does not indicate the proposed
month of adoption, and whether the proposed amendment is an
exemption to the twice per calendar year limitation on the
adoption of comprehensive plan amendments. The requirements for
the transmittal letter are outlined in 9J-l1.006(1) (a), Florida
Administrative Code. Your submittal package for the proposed
map amendment does not include:
. Ten copies of the entire element being amended, 9J-
11.006(1) (b), F.A.C.;
. A description of the availability of and the demand on:
Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Traffic Circulation and Recreation, as appropriate, 9J-
11.006(1) (b)4., F.A.C.; and
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. Local Planning Agency and the local governing
recommendations, 9J-11.006(l) (b)5(c), F.A.C.
bo!}ECEIVED
JAN 16 1990
PLANNING DEPT.
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNIN't ANU MANAul:MltrH
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Mr. James J. Golden
January 11, 1990
Page Two
The proposed amendment, received January 5, 1990, will not
be processed until all the required information is available to
distribute for review, as required by s.9J-1l.008(2), Florida
Administrative Code. If we may be of further assistance, please
contact Georgia Kat~ at (904) .487-4545. .
Sincerely,
I<r!.of/lt q. Maw..
Robert G. Nave, Chief
Bureau of Local Planning
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Enclosure
CC: Timothy P. Cannon, Interim City Planning Director
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CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
OFFICE OF THE PLANNING DIRECTOR
December 28, 1989
. Florida Dept. of Community Affairs
Attn: Mr. Ralph Hook
Division of Resource Planning & Management
Bureau of Local Planning
2740 Centerview Drive
Tallahassee, FL 32399
RE: Transmittal of Proposed Local Government Comp~ehensive Plan
Amendment
Dear Mr. Hook:
Accompanying this.' letter you will find materials which are
related to a comprehensive plan amendment for the City of Boynton
Beach. This amendment, hereinafter referred to as Boynton
Nurseries, was considered by the Planning and Zoning Board,
si tting as the local planning agency, and also' by the City
Commission, at public hearings which were held after due pUblic
notice. The City Commission of Boynton Beach has approved the
transmittal. of this plan amendment to the Department of community
Affairs.
With respect to Rule 9J-11.006, which outlines the procedure for
SUbmitting comprehensive plan amendments, please be advised of
the following for the Boynton Nurseries application:
1. A public hearing for this request was held before the
City Commission on December 19, 1989, at which time the
Commission approved this request for transmittal to the
Department of Community Affairs.
2. This amendment constitutes the first set of compre-
hensive plan amendments for calendar year 1990. Pend-
ing review and approval by the DCA, it is anticipated
that the ordinances for this transmittal will be
adopted during the month of April or May, 1990.
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Mr. Ralph Hook
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December 28, 1989
3. The local government contact person is:
James J. Golden
Senior City Planner
P. o. Box"310
Boynton Beach, FL 33425-0310
Tel: (407) 738-7490
4. Enclosed you will find ten (10) copies of the staff
report including a location map and one blueprint copy
and ten (lO) photocopies of the Future Land Use Plan
Map which address items (b) 1 through 5 of Rule
9J-11.006. The subject property has been highlighted
on the Future Land Use Plan Map.
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Lng the recommendations from staff, the local
1 agency and the local governing body, the staff
ldation is outlined on the last page of the
~port. The local planning agency (Planning and
Board) recommendation was for approval of the
e element amendment and rezoning subj ect to
lmments. The local governing body approved the
se amendment and rezoning application as
d.
tion to the above, all relevant information
ng the Boynton Nurseries application should be
i within the staff report.
Llestions regarding this plan amendment or you
luire additional information, please contact
!s J. Golden at the address or telephone number
~3 above.
Very truly yours,
CITY OF BOYNTON BEACH
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TIMOTHY P. CANNON
Interim Planning Director
xc: Daniel M. Cary, Treasure Coast Regional Planning Council
Central File
DCA
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CITY of
BOYNTON BEACH
211 South Federal Highway
P. O. Box 310
Boynton Beach, Florida 33425-0310
(407) 734.8111
OFFICE OF THE DIRECTOR OF UTILITIES
February 15, 1990
Mr. Enrico Rossi, P,E.
Rossi & Malavasi Engineers, Inc.
580 Village Blvd" Suite 140
West Palm Beach, FL 33409-1904
Dear Mr. Rossi:
SUBJECT: Proposed annexation of 83,85 acre parcel owned by
Boynton Nurseries
Under the concurrency management guidelines of Chapter 9J-5,
Florida Administrative Code, and in accordance with the City's
comprehensive plan, we must be able to demonstrate that the
service for water and sewer will not decrease below adopted
levels. Insofar as the referenced project is concerned, we
believe that the City will have sufficient water and sewage
treatment capability to serve 86 units in 1991 and the remain-
ing 316 units in 1993, if current plans for water treatment
expansion are realized.
The City Commission has authorized expenditures to uprate the
east treatmont facility. Although this project has not been
awarded yet, we expect the uprating to be completed by mid to
late 1991. Until such time as a signed contract with a firm
completio~ date is obtained, we can only give conditional assur-
ance that capacity will be available in the time frame you
described. However, we should have more definite dates on
construction by the time Pod E is ready for platting, at which
time we will make a concurrency determination. Sewage treatment
capacity is existing for the projected flows at this time.
Please refer any questions on this matter to Peter Mazzella.
Sincerely yours,
CI]~TON BEACH
Jo A. Guidry
Director of Utilities
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xc: Tim Cannon
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CITY of
BOYNTON BEACH
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- OFFICE
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(407) 734-8111
OF THE PLANNING DIRECTOR
March 23, 1990
Atty. Roger G. Saberson
110 East Atlantic Avenue
Delray Beach, FI 33444
RE: Boynton Nurseries - Rezoning to PUD - File No. 385
Dear Mr. Saberson:
Please be advised that on Tuesday, March 20, 1990, the City
Commission approved the above referenced rezoning request,
subject to the attached staff comments as modified by the
recommendations of the Planning and Zoning Board listed in
Memorandum No. 90-058 from the Planning Department (see
attached). With respect to items no. 2 and 7 in memorandum
90-058, please be advised of the following:
Item No.2
The traffic study prepared by K. S. Rogers, Inc., dated March 8,
1990, as amended by the Addendum dated March 15, 1990 will
require review and approval by the City Commission. This will be
done prior to second reading of the ordinance to rezone the
property.
Item No.7
The barrier shall be two posts and a chain constructed to meet
the requirements of the Fire and Police Departments. Please
also note that, per the discussion at the public hearing, it will
be necessary to show a barrier and/or buffer along Old Military
Trail on the plat or site plan for this portion of the project.
If you have any questions concerning the above, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
TIMOTHY P. CANNON
Interim Planning Director
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A:Saberson
CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. o. Box 310
Boynton Beach, Florida 33435-0310
(407) 734-8111
OFFICE OF THE PLANNING DIRECTOR
March 23, 1990
Mr. Robert G. Nave, Chief
Bureau of Local Planning
State of Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
Re: Supplements to December 28, 1989 Transmittal of Proposed
Comprehensive Plan Amendment known as "Boynt0n Nurseries"
Dear Mr. Nave:
Accompanying this correspondence you will find the information
requested in your letter dated January 11, 1990, to complete the
transmittal of the Comprehensive Plan Amendment known as "Boynton
Nurseries." In addition to the ten copies of the enclosed
information describing the availability. of and the demand on
sanitary sewer, solid waste, drainage, potable water, traffic
circulation and recreation, please be advised of the following:
1) The proposed month of adoption will be based on favorable
completion of the 90 day review period. It is anticipated
that second reading of the ordinances to annex, amend the
future land use element and rezone will occur within two to
three months of notification from your agency of successful
completion of the 90 day review period. Assuming that the
material and information contained within this transmittal
are sufficient, it is anticipated that the ordinances to
annex, amend the future land use element and rezone will
occur in September, 1990.
2) The December 28, 1989 transmittal is the first Comprehensive
Plan amendment for calendar year 1990.
3) The recommendations from the Local Planning Agency and the
Local Governing Body are contained in the minutes of the
Planning and Zoning Board meeting of December 12, 1989 and
the City Commission meeting of December 19, 1989. Ten
copies of these minutes are enclosed.
TO: Mr. Robert G. Nave
- 2 -
March 23, 1990
4) The availability of roads to serve the project is addressed
in the Local Governing Body's approval of the rezoning to
Planned Unit Development. With respect to this approval,
copies of the following are attached:
a) . Staff Report (Planning Department Memorandum No.
90-052).
b) Recommendations from Local Planning Agency (Planning
Department Memorandum No. 90-058).
c) Review of the Traffic Impact Study, dated December 26,
1989 and prepared by K.S. Rogers, Inc., which was done
by the City's Traffic Consultant (Walter H. Keller Jr.,
Inc.) dated February 5, 1990.
d) Revised Traffic Impact Analysis prepared by the
applicant's traffic consultant (K.S. Rogers, Inc.)
dated March 8, 1990 with cover letter dated March 13,
1990.
e) Addendum to revised traffic study prepared by K.S.
Rogers, Inc. dated March 15, 1990.
f) Draft approval letter dated March 15, 1990 which
outlines and clarifies the conditions of approval.
If you have any questions concerning the above, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~y~
TIMOTHY P. CANNON
Interim Planning Director
JJG:cp
Encls.
cc: Roger Saberson
Central File
A:Suppleme
CITY OF BOYNTON BEACH
Planning Departaent
100 E. Boynton Beacb Boulevard
P.o. Box 310
Boynton Beachr Florida 33425-0310
FAX HUMBER (407) 738-7459
OFFICE HUMBER (407) 738-7490
FAX TRANSMITTAL COVER LETTER
Date:
8-' / )L- :;?d
Time:
To:
c;;? 124-0/ 0~
,
Fax Number Transmitting To:
From:
cover letter):
d
Number
Remarks:
LA W OFFICES OF
ROGER G, SABERSON, P.A.
DEcRA Y EXECUTIVE MALL
110 EAST ATLANTIC AVENUE
DELRA Y BEACH, FI.ORrDA 3,1444
(407) 272-8616
September 28, 1989
Mr. Carmen Annunziato, Planning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Boynton Nurseries Application for Annexation,
Land Use Plan Amendment, and Rezoning
Dear Carmen:
Pursuant to our phone conversation of September 25, 1989, please find
enclosed the above-referenced Applications for the 80-acre Boynton Nurseries site
on the west side of Lawrence Road, across from elementary school "P".
In accordance with our discussion, we are not submitting with this zoning
Application the items referred to in the Application as follows: I.D(3); g;
h(items 1 through 11 inclusive) since these items, as you indicated, are not
applicable to a rezoning to agriculture.
I also enclose herewith the following:
1. $900.00 check payable to the City of Boynton Beach for the Rezoning
and Land Use Application
2. $500.00 check payable to the City of Boynton Beach for the Annexation
Application
3. Surveys prepared by the office of Richard L. Shep'ard and Associates.
If you have any questions concerning the above, please don't hesitate to
call me.
Sincerely yours,
fly-. MJ/1~
ROGER G. SABERS ON
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Enclosures
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399
BOB MARTINEZ
Gowerno!'
THOMAS G. PELHAM
Secretary
March 29, 1990
Mr. Timothy P. Cannon
Interim Planning Director
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Cannon:
Thank you for submitting copies of the additional information
in regard to the City's proposed comprehensive plan amendment(s)
for our review. We have conducted a preliminary inventory of the
plan amendment package pursuant to Rule 9J-11.006, F.A.C., to
verify the inclusion of all required materials.
The submission package appears to be complete, and your
proposed plan amendment will be reviewed in accordance with pro-
cedures contained in Chapter 9J-11, F.A.C. Once the review is
underway, you may be asked to provide additional supporting
documentation by the review team to ensure a thorough review.
If you have any questions, please contact Danny Clayton at
(904) 487-4545.
Sincerely,
RECEIVED
R8heHf q. Mave...
Robert G. Nave, Chief
Bureau of Local Planning
RGN/gkr
APR 5 1990
PLANNll'iG DEPT.
.
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
April 5, 1990
lreQ/ure
co~t
regional
planning
council
Mr. Timothy Cannon
Acting Planning Director
City of Boynton Beach
Post Office Box 310
Boynton Beach, FL 33425-0310
Subject: city of Boynton Beach Local Government
Comprehcn~ive Pl~n Dccument
Dear Mr. Cannon:
This is to notify you that the Regional Planning Council has
received a request from the state Department of Community
Affairs (DCA) for comments on the following comprehensive
planning document:
One Proposed Amendment to the Future Land Use Map
city of Boynton Beach Comprehensive Plan
Council staff will review the document in accordance with
the requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163,
Florida Statutes. It is anticipated that the report and
recommended comments will be presented to Council at its
meeting on May 18, 1990.
Prior to the Council meeting, the meeting agenda, report,
and recommended comments of the staff will be transmitted to
you. You or any representative of your local government are
invited to attend the meeting and will be afforded an
opportunity to address the Council. Following the Council
meeting the adopted comments will be transmitted to DCA.
If you have any questions regarding this matter, please do
not hesitate to contact me.
Sincerely,
~ tpi ~ ~
Terry L. Hess, AICP
Planning Coordinator
RECEIVED
TLH: lb
APR 1 0 1990
/ PLANNJNG DEPT.
-
3228 s.w. martin downs blvd.
suite 205 . p.o. box 1529
palm city, tforlda 34990
phone (407) ~m:. ~2,.4-<)H
f i;.){'A ':JI) '~'21.406"1 SIJNC()~~7:j~~4060
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eez: ~~.LA/
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~ Administrator
Jan Winters
Boar4 of County Commissioners
Carol J. Elmquist, Chairm,lI1
Karen T. Marcus. Vice Chair
Carol A. Roherts
Ron Howard
Carole P~illips
April 16, 1990
Department of Planning, Zoning & Building
Mr. Ralph K. Hook
Bureau of Local Planning
state of Florida
Department of Community Affairs
2740 centerview Drive
Tallahassee, FL 32399
APR 20 1930
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RE: Palm Beach County's Review Comments for the proposed Com-
prehensive Plan Amenament of the City of Boynton Beach
Dear Mr. Hook:
The Department of Planning, Zoning and Building has coordinated
the review of the proposed Comprehensive Plan Amendment of the
ci ty of Boynton Beach, Florida. The proposed amendment was
reviewed for: 1. consistency with the county comprehensive plan
goals and objectives, 2. compatibility of land use, and 3.
compliance with county environmental protection policies.
The Department reviewed this proposal when it entered the annexa-
tion process. A letter was sent and addressed to Mr. James J.
Golden on November 28, 1989. Boynton Beach has attached this
letter to the packet of documents submitted to the state in
accordance with the provisions of Chapter 63 and labled it Exhibit
"E".
The County staff comments enumerated in the letter sent to Mr.
Golden still hold and are as follows:
1. PLANNING DIVISION: Karyn Walega, Planner
The Planning Division is concerned whether the proposed
annexation is "compact" as defined by section 171.031, P.S.
The annexation projects westward from the existing city
boundaries and the area of contiguity thereby expanding an
existing finger area of municipal land in a serpentine
pattern.
800 13th Street. WEST PALM BEACH, FLORIDA 33406. (407) 697-4001
@ prinred on recycled paper
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'Mr. Ralph K. He.
April 16, 1990
Page 2
The proposed annexation appears to be located within the
City's future annexation area.
This property was a site specific Proposal which was part of
the 1989 Comprehensive Plan Process. During the site Specific
Proposal Process, the applicant was able to request a land
use for his property other than the land use shown on the
proposed land use map. The land owner of this proposed
annexation requested a land use designation of High Residen-
tial 8 (allowing a maximum density of 8 dwelling units per
acre) on the 60 acre parcel and Medium Residential 5 (allow-
ing a maximum density of 5 dwelling units per acre) on the
20 acre parcel. However, the Board of County Commissioners
denied the request for the following reasons: a) the propos-
ed, increased densities were found incompatible with the
surrounding land uses and b) a higher density on the site
would not be consistent with the county's policy to protect
natural resources as a natural ecosystem appeared to be
located in the southweste!n 1/3 of the site.
2.
ENVIRONMENTAL RESOURCES MANAGEMENT:
tal Analyst
Bob Kraus, Environmen-
This property is not in a Wellfield Protection Zone nor is
it listed as environmentally sensitive land. most of the
property is presently used for agricultural purposes. The
southwestern portion of the property appears to remain heavily
vegetated. Any native vegetation should be preserved and
used in future site plans.
3. FIRE-RESCUE: Kathy Owens, Special Projects Coordinator
This proposed annexation would decrease the level of service
to residents if annexed into Boynton Beach. Current fire
protection is delivered from station 51 which is 3.5 miles
away; Boynton Beach's station is over twice that distance,
8 miles necessitating a nearly 16 minute response time.
Also this property is adj acent to a county area and is an
isolated parcel to the west of Lawrence Road.
i
Mr. Ralph K. H~Jk
April 16, 1990
Page 3
4.
SHERIFF'S DEPARTMENT:
Planner
Diana Newcomer, Criminal Justice
staff has reviewed this proposal and has made the following
comments:
1. The site is vacant property bounded by Lawrence Road to
the east, vacant property (Palm Beach County) to the
south and north and residential (Palm Beach County) to
the west.
2. The site is located in Charlie 1 and the areas to the
north and south of the site are serviced by the
Sheriff's Office.
3. Easy access to the site for Boynton Beach is via Lawrence
Road. There currently are no roadways through this
property to the residential area on the west side.
Residential access for the Sheriff's Office is via
Military Trail.
4. Al though contiguous with Boynton Beach across Lawrence
Road, the location' and dimensions of the site augment
pre-existing serpentine boundaries on the east side of
Lawrence Road.
Of the above observations, the greatest concerns are items 2
and 3. If Boynton Beach annexes the property, a mixed service
area will be created. This creates a potential hazard for
emergency responding units. Even though the area being
annexed is vacant property, the future land use is for low to
medium residential. Thus, policing responsibilities will
increase creating an even greater hazard for responding
units.
From a law enforcement perspective, we feel that proposals
supporting the creation of mixed service areas is not in
line with good policing practice. We would encourage the
City of Boynton Beach to adopt boundaries that eliminate
both mixed services and serpentine boundaries.
5. TRAFFIC ENGINEERING: Alan Ennis, Development Review
Engineer
This proposal would probably meet County Traffic Performance
standards although it is a significant project as proposed.
6. UTILITIES: C. Tim Russell, Director, Engineering Division
This area is outside the PBCWUD service area.
comments.
No other
'Mr. Ralph K. Ho
April 16, 1990
Page 4
7. FINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Richard Roberts,
Assistant Director
This proposed annexation will cause a negative fiscal impact.
MSTU #2: -$1,066.04
Library: -$ 151.26
The total Ad Valorem loss is $1,217.30.
The annexation request has been made by the property owner;
however, first and second reading of the annexation has not yet
occurred. The proposed land use for the property is low density
residential allowing a maximum density of 4.84 dwelling units per
acre in the City of Boynton Beach. This density is inconsistent
with the County's Low Residential 3 category (allowing a maximum
of 3.0 dwelling units per acre) designated on 20 acres of the
proposal.
Please be advised that these comments represent staff analysis and
not the position of the Board' of County Commissioners. Thank you
for considering our comments, and please feel free to contact this
office if you should have any questions.
'.
Sincerely,
\\J eJAM.i, ~.~,j
Dennis R.;~~~, ~CP
Planning Director
File:IG/CPARDCA.BB
cc: Board of County Commissioners
Jan Winters, County Administrator
Bob Weisman, Assistant County Administrator
Donna Kristaponis, Executive Director P Z & B
Richard Morley, Principal Planner
Patsy Kallman, Principal Planner
Karyn Walega, Planner
City of Boynton Beach
~) of
Board of County Commissioners
County Administrator
Jan Winters
Carol J. Elmquist, Chairman
Karen T. Marcus, Vice Chair
Carol A. Roherts
Ron Howard
Carole Phillips
Department of Planning, Zoning & Building
April 18, 1990
Mr. Terry L. Hess, AICP
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Bouleva~d #205
P.O. Box 1529
Palm City, Florida 34990
RE: Palm Beach County's Review Comments for the proposed Com-
prehensive Plan Amendment of the City of Boynton Beach
Dear Mr. Hess:
The Department of Planning, Zoning and Building has coordinated
the review of the proposed Comprehensive Plan Amendment of the
City of Boynton Beach, Florida. The proposed amendment was
reviewed for: 1. consistency with the county comprehensive plan
goals and objectives, 2. compatibility of land use, and 3.
compliance with county environmental protection policies.
The Department reviewed this proposal when it entered the annexa-
tion process. A letter was sent and addressed to Mr. James J.
Golden on November 28, 1989. Boynton Beach has attached this
letter to the packet of documents submitted to the state in
accordance with the provisions of Chapter 63 and labeled it Exhibit
"E".
The County staff comments enumerated in the letter sent to Mr.
Golden still hold and are as follows:
1. PLANNING DIVISION: Karyn Wa1ega, Planner
The Planning
annexation is
Division
"compact"
is concerned whether the proposed
as defined by Section 171.031, F.S.
800 13th Street. WEST PALM BEACH, FLORIDA 33406. (407) 697-4001
@ printed on recycled paper
.... .('
Mr. Terry L. HL_3
April 18, 1990
Page 2
The annexation projects westward from the existing city
boundaries and the area of contiguity thereby expanding an
existing finger area of municipal land in a serpentine
pattern.
The proposed annexation appears to be located wi thin the
City's future annexation area.
This property was a site Specific Proposal which was part of
the 1989 Comprehensive Plan Process. During the site Specific
Proposal Process, the applicant was able to request a land
use for his property other than the land use shown on the
proposed land use map. The land owner of this proposed
annexation requested a land use designation of High Residen-
tial 8 (allowing a maximum density of 8 dwelling units per
acre) on the 60 acre parcel and Medium Residential 5 (allow-
ing a maximum density of 5 dwelling units per acre) on the
20 acre parcel. However, the Board of County commissioners
denied the request for the following reasons: a) the propos-
ed, increased densities'. were found incompatible with the
surrounding land uses and b) a higher density on the site
would not be consistent with the county's policy to protect
natural resources as a natural ecosystem appeared to be
located in the southwestern 1/3 of the site.
2.
ENVIRONMENTAL RESOURCES MANAGEMENT:
tal Analyst
Bob Kraus, Environmen-
This property is not in a Wellfield Protection Zone nor is
it listed as environmentally sensitive land. most of the
property is presently used for agricultural purposes. The
southwestern portion of the property appears to remain heavily
vegetated. Any native vegetation should be preserved and
used in future site plans.
3. FIRE-RESCUE: Kathy Owens, Special Projects Coordinator
This proposed annexation would decrease the level of service
to residents if annexed into Boynton Beach. Current fire
protection is delivered from station 51 which is 3.5 miles
away; Boynton Beach's station is over twice that distance,
8 miles necessitating a nearly 16 minute response time.
Also this property is adjacent to a county area and is an
isolated parcel to the west of Lawrence Road.
Mr. Terry L. Ht.._d
April 18, 1990
Page 3
4.
SHERIFF'S DEPARTMENT:
Planner
Diana Newcomer, Criminal 'Justice
Staff has reviewed this proposal and has made the following
comments:
1. The site is vacant property bounded by Lawrence Road to
the east, vacant property (Palm Beach County) to the
south and north and residential (Palm Beach County) to
the west.
2. The site is located in Charlie 1 and the areas to the
north and south of the site are serviced by the
Sheriff's Office.
3. Easy access to the site for Boynton Beach is via Lawrence
Road. There currently are no roadways through this
property to the residential area on the west side.
Residential access for the Sheriff's Office is via
Military Trail. .
4. Al though contiguous with Boynton Beach across Lawrence
Road, the location and dimensions of the site augment
pre-existing serpentine boundaries on the east side of
Lawrence Road.
Of the above observations, the greatest concerns are items 2
and 3. If Boynton Beach annexes the property, a mixed service
area will be created. This creates a potential hazard for
emergency responding units. Even though the area being
annexed is vacant property, the future land use is for low to
medium residential. Thus, policing responsibilities will
increase creating an even greater hazard for responding
units.
From a law enforcement perspective, we feel that proposals
supporting the creation of mixed service areas is not in
line with good policing practice. We would encourage the
City of Boynton Beach to adopt boundaries that eliminate
both mixed services and serpentine boundaries.
5. TRAFFIC ENGINEERING: Alan Ennis, Development Review
Engineer
This proposal would probably meet County Traffic Performance
Standards although it is a significant project' as proposed.
6. UTILITIES: C. Tim Russell, Director, Engineering Division
~ .
Mr. Terry L. H >s
April 18, 1990
Page 4
This area is outside the PBCWUD service area.
comments.
No other
7. FINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Richard Roberts,
Assistant Director
This proposed annexation will cause a negative fiscal impact.
MSTU #2: -$1,066.04
Library: -$ 151.26
The total Ad Valorem loss is $1,217.30.
The annexation request has been made by the property owner;
however, first and second reading of the annexation has not yet
occurred. The proposed land use for the property is low density
residential allowing a maximum density of 4.84 dwelling units per
acre in the City of Boynton Beach. This density is inconsistent
with the County's Low Residential 3 category (allowing a maximum
of 3.0 dwelling units per acre) designated on 20 acres of the
proposal.
Please be advised that these comments represent staff analysis and
not the position of the Board of County Commissioners. Thank you
for considering our comments, and please feel free to contact this
office if you should have any questions.
Sincerely,
0~\il( ~
Dennis R. Foltz, AICP
Planning Director
File:IGjCPARTC.BB
cc: Board of County Commissioners
Jan Winters, county Administrator
Bob Weisman, Assistant County Administrator
Donna Kristaponis, Executive Director P Z & B
Richard Morley, Principal Planner
Patsy Kallman, Principal Planner
Karyn Walega, Planner
City of Boynton Beach
GROWTH MANAGEMENT CENTER
WILLIAM V. HUKILL
ASSIST ANT
SUPERINTENDENT
C!(Z: ~~
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THE SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA
3930 RCA BOULEVARD, SUITE 3004
PALM BEACH, GARDENS, FL 33410-4272
407!s24-7239
May 7, 1990
Mr. Terry Hess, Planner
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Boulevard, Suite 205
P.O. Box 1529
Palm City, Florida 34990
RE: City of Boynton Beach
Proposed Amendment To Future Land Use Map
Dear Mr. Hess:
I am attaching for your review, the School Board's comments
on the proposed Boynton Nurseries PUD in Boynton Beach.
This development is located on the parcel which is under
consideration for amended land use in the City of Boynton
Beach.
Sincerely,
I~
Howard Johnson, sistant Director
Growth Management Center
RECEIVED
HJ:dg
cc: City of Boynton Beach
William V. Hukill
File
MAY 16 1990
PLANNtNG DEPT.
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regional
planniQg
council
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May 18, 1990
Mr. Danny Clayton
Department of Community Affairs
Bureau of state Planninq 2740 centerview Drive
October 19, 1990
treQ/ure
co~t
regional
plannlnl g
counc I
Mr. Robert Arredondo
Department of Community Affairs
Bureau of state Planning
2740 centerview Drive
The Rhyne Building
Tallahassee, FL 32399
Subject: City of Boynton Beach Adopted Local Government
Comprehensive Plan Amendment
Dear Mr. Arredondo:
Pursuant to the requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, the Treasure Coast Regional
Planning Council reviewed the adopted amendment to the City of
Boynton Beach Comprehensive Plan at its regular meeting on
October 19, '1990. .
Comments were approved by Council for transmittal to the State
Department of community Affairs pursuant to sections 163.3184,
Florida Statutes, for consideration by the Town prior to adoption
of the documents.
Evaluation
The amendment to the City's Comprehensive Plan has been reviewed
in accordance with the requirements of Chapter 163, Florida
Statutes, Council's review procedures, and Council's adopted
plans and policies. Enclosed is a copy of the full staff report
to Council. The report was formally adopted by Council at its
regular meeting with no revisions.
If you need additional information or have any questions, please
do not hesitate to call.
-re3
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-
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RECEIVED
OCt 22 1990
plJ4.NNlNG DE-Pl.
DMC:lb
Enclosure
-
cc: Tambri Heyden
3221 sow. martin ~. bhld.
suite Z05 . p.o. box 1529
palm city, florlda U990
phone (407) 221-4060
sc 269-4060 fax (407) 221-4067
-
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~
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399
BOB MARTINEZ
G_nor
October 31, 1990
THOMAS G. PELHAM
SecrNry
The Honorable Gene Moore, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33435
Dear Mayor Moore:
The Department of Community Affairs has completed its review
of the adopted Comprehensive Plan amendment (DCA No. 90-1) for
City of Boynton Beach, as adopted on september 5, 1990, and
determined that it meets the requirements of Chapter 163, Part
II, Florida statutes, for compliance, as defined in Subsection
163.3184(1) (b). The Department is issuing a Notice of Intent to
find the amendment in compliance. The Notice of Intent has been
sent to The Palm Beach Post newspaper for publication on
November 1, 1990. This determination of compliance applies to
the amendment referenced above only, and does not apply to the
entire plan which has previously been determined to be "not in
Compliance."
Please note that a copy of the adopted City of Boynton Beach
Comprehensive Plan, the Department's Objections, Recommendations
and Comments Report dated July 2, 1990, and the Notice of Intent
must be available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at City
of Boynton Beach City Hall, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435.
RECEIVED
".eN 5 191>>
fLANNfNG DEPT'!
'T
EMERGENCY MANAGEMENT . HOUSING AND COMMUNITY DEVELOPMENT . RESOURCE PLANNING AND MANAGEMENT
The Honorable Gene Moore
October 31, 1990
Page Two
If you have any questions, please contact Robert Pennock,
Chief, Bureau of Local Planning at (904) 487-4545.
Sincerely,
Robevt q. MQ.ve..
Robert G. Nave, Director
Division of Resource Planning
and Management
RGN/tfp
Enclosures: Notice of Intent
cc: -~ l' - ~, Interim Planning Director, city of Boynton Beach
~
~
_._-'_._.-_..------~-~._-_._----_._._--~---
PLANNING DEPT. MEMORANDUM NO. 90-053
TO: Chairman and Members
Planning and Zoning Board
THRU: Timothy P. Cannon JrC
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 l.ll.9. and 2.4.4,
- a." _.... _L ""____~.:... ,... _ c'l,'hA;"C.,;~;nn 'Ql3nl11;:::l-
Planning Dept. Memorandum No. 90-053
March 9, 1990, Page 2
10. The following roadway improvements are required for approval
of this request consistent with the 1989 City of Boynton
Beach 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 turn lane
o
Six-Ianing of Congress Avenue from Boynton Beach Boulevard
to Miner Road*
o
Six-laning of Congress Avenue from Miner Road to Hypoluxo
Road
o
Four-Ianing of Old Boynton Road from Knuth Road to Lawrence
Road*
o
Six-Ianing of Boynton Beach Boulevard from Old Boynton Road
to 1-95*
*
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,
. ~------ -- ~~r~ n~ ~ Ml1niciDal Capital
/ J- 'f "..
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
f',
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March IS, 1990
Mr. Tim Cannon, Acting Director
Planning Department
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Boynton Nurseries PUD
Addendum to Traffic Impact Analysis
Dear Tim:
Please accept this letter as an Addendum to the Traffic Impact
Analysis prepared for the Boynton Nurseries PUD.
At the Zoning and Planning Board meeting Tuesday evening, March
13, 1990, it was recommended that the issuance of building per-
mits for this project be phased such that no phase will generate
more than a 1% impact on any roadway which has a total volume in
excess of capacity.
To meet this requirement, this office has prepared the following
phasing schedule:
A) The project shall be limited to that number of building
permits which would generate not more than 2,210 trips per day
until construction has commenced on the five laning of Old Boyn-
ton Road, between Lawrence Road and Knuth Road.
B) The project shall be limited to that number of building
permits which would generate not more than 2,518 trips per day
until construction has commenced on the six laning of Congress
Avenue, from N.W. 22nd Avenue to Boynton Beach Boulevard.
C) The project shall be limited to that number of building
permits which would generate not more than 2,690 trips per day
until construction has commenced on the six laning of Boynton
Beach Boulevard, from I-95 to Old Boynton Road.
................;.
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A F F I D A V I T
STATE OF FLORIDA
)
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)
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED DELFIN F.
MENENDEZ
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of all property owners, mailing addresses and
legal descriptions as recorded in the ~atest offi-
cial tax roles in the County Courthouse for all
property within Four Hundred (400) feet of the
below described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
~ur:; 9
Sworn to and subscribed before me this 27TH day of
DECEMBER A.D. 19 89
~;g;;g~k
Notary publ c
State of FloLida at Large
My commission Expires:
Notary Public, State Of Florida At Large.
My Commission Expires April 24. 1990
Bonded By SAfECO Insur,nce Company of Amenca
EA..J.BIT "A"
lEGAL DESCRIPTION
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The South one-half (SI/2) of the Southwest quarter (SWI/4) of
the Northeast quarter (NEI/41; 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 (NEl/4), all in
section 13, Township 45 South, Range 42 East, Palm Beach County,
Florida.
--J
PLANNING DEPT. MEMORANDUM NO. 90-058
(AGENDA MEMORANDUM)
,. /-
I-"
1/
TO:
J. Scott Miller, City Manager
FROM:. ,
Timothy P. C~nnon, Interim Planning Director
DATE: March l4, 1990
-#::3~S:-
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 u-I'_hm_...::.!y
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.
'wi
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
.~ity 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.
2.
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.
..J
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.
~;Pd -,~
TIMO Y P. CANNON -
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Council Members
AGENDA ITEM 6BIA
From: Staff
Date: October 19, 1990 Council Meeting
Subject: Local Government Comprehensive Plan Review -
Adopted Amendment to the City of Boynton Beach
Comprehensive Plan
Introduction
Pursuant to the Regional Planning Council's contract wi th
the State Department of community Affairs (DCA), the Council
must review comprehensive plan amendments after their
adoption. The City of Boynton Beach has submitted adopted
amendments to the DCA, which in turn is seeking -Council's
comments.
Council's review of the information provided by the DCA is
to focus on the consistency of the proposed amendments with
the Regional Comprehensive Policy Plan (RCPP) developed
pursuant to Section 186.507, Florida Statutes. A written
report, containing a determination of consistency with the
Regional Plan is to be provided to the DCA within 30
calendar days of receipt of the plan, elements, or
amendments.
Evaluation
Staff has completed a review of the adopted comprehensive
plan amendment to the City of Boynton Beach's comprehensive
plan for consistency wi th the RCPP. Council raised no
obj ections or comments in the review report prepared in
conjunction with the review of the City's draft
comprehensive plan amendment.
Conclusion
The adopted amendment appears to be basically CONSISTENT
with the goals and policies contained in the Regional
Comprehensive Policy Plan.
1
.
---
wi'
..
Recommendation
Council should adopt the conclusion outlined above and
approve its transmittal to the state Department of Community
Affairs in fulfillment of the requirements of the 1990-91
contract with the Department of community Affairs.
Attachments
2
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1
TREASURE COAST REGIONAL PLANNING COUNCIL
COMPREHENSIVE PLAN AMENDMENT REVIEW REPORT
CITY OF BOYNTON BEACH
Backaround
On January 10, 1990, the Department of Community Affairs
issued a notice of intent to find the ADOPTED comprehensive
plan for the City of Boynton Beach not in compliance,
pursuant to Section 163.3184, F.S. As part of this finding,
the City plan was found to be inconsistent with the Regional
Plan. The amendment proposed by the City is not related to
a Stipulated Settlement Agreement between the City and the
DCA.
The City of Boynton Beach is considering one amendment to
the Future Land Use Element. The location of the property
under consideration is shown on the accompanying map, and
the number of acres and proposed changes in land use
designations are as follows:
CITY OF BOYNTON BEACH
DRAFT COMPREHENSIVE PLAN AMENDMENTS
FUTURE LAND USE MAP
Amend.
No.
Approx.
Acreaae
Current
Land Use
Desianation
Proposed
Land Use
Desianation
Approximate Location
1
83.9
* Low-Medium
Density
Residential
Low Density
Residential
Northwest corner of
Lawrence Road and the
L.W.D.D. L-21 Canal
*County designation
Evaluation
The proposed amendment has been reviewed in accordance with
the requirements of Chapter 163, F .5.; Council's review
procedures; and Council's adopted Regional Comprehensive
Policy Plan. The following evaluation is offered as a
result of that review.
This property has been proposed for annexation and is
currently occupied by a plant nursery. The annexation and
change in land use to incorporate the property onto the
Boynton Beach Future Land Use Map would allow low density
residential development at 4.84 units per acre in accordance
wi th the Ci ty' s adopted comprehensive plan. Under the
current County designation, the western portion of the
property (approximately 21 acres) could be developed at up
to three dwelling units per acre and the eastern portion at
I
----
wi'
...
up to five dwelling units per acre. The proposed change
represents an increase in allowable density of approximately
27 dwelling units.
The proposed low density residential land use designation
appears to be compatible with the surrounding single family
dwelling units and mobile homes, and land designated as
medium density residential to the south. Centralized water
and sewer services are available to the property and the
developer will be required to dedicate acreage for
recreation in accordance with the City's adopted
comprehensive plan. No building permi ts will be issued
unless identified roadway improvements are in the County's
Five-year Transportation Improvement Prog-ram or developer
commitments have been assured.
The County has expressed some concern that this proposed
annexation may not meet the compactness provisions of the
state law (171.031, F.S.) regarding annexations (see
attached letter dated April 18 from Dennis R. Foltz, AICP,
Planning Director). However, the property is wi thin the
City's future annexation area and is also within the City's
utilities service area.
Ob;ections. Recommendations for Modification. and Comments
Future Land Use Blement
A. Obj ections
None
B. Comments
None
Conclusion
Based on
does not
policies
Plan.
the information provided, the proposed amendment
appear to be in conflict or inconsistent with the
contained in the Regional Comprehensive Policy
2
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LEGEND
~ 1 DU PIR 20 ACRa
~ 1 DU PER 5 ACRIS
~ 1 OU PIR z.s AC!'lEl
~ 1 au PER 1.0 ACRU
~ , au PUI ACRi!
1.2 OIJ PM AC:tE
1-3 au PD ACRE
<-5 OU Pl!!'! AC!'lE
s-a DU PER ACRE
5012 DU PUI A~
50" OU PVI ACRE
~ClAL
IICIUSI1lIAL
AGAICUL.TURAL JIfIODUC'T1ON
AGRlCUl.'n.IfoM. ......".
SPBIAL ACIIlICULTUIUI
"I.AIC 1 RECK.'onaH
~ RllCRllATlOH
COH8llftVATlOH
INlITlTtlT10NAL AND PI'lIUC
F'~
Ul1UT1e MID TRAHII~R'TA'TTON
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proposed City of Boynton Beach Plan Amendment
Palm Beach County Future Land Use Map
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