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AGENDA DOCUMENTS PLANNING DEPARTMENT MEMORANDUM NO.' 91-094 FROM: J. Scott Miller, city Manager J~o:.;;j,.J~ d1.~ 4 christopne~ut:~o, Planning ifirector TO: DATE: May 22, 1991 RE: Status of 'capi tol Professional Center PCD - City Commission Recommendation Pursuant to Section 9.C.13 of Appendix A-Zoning, the City commission shall review any rezoning approval to a planned zoning district (PUD, PID, PCD) that has expired and take action in accordance with paragraphs a. of b. below: "a. The city commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in manner specified above does not occur by the end of said time extension, the city commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The city commission may instruct the city manager to file an application to a more restrictive zoning district and/or future land use category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land use map use category. I' The Capitol Professional Center (a.k.a. Knuth Road Associates) Planned Commercial Development (PCD), located at the southwest intersection of Old Boynton Road and Knuth Road originally received a rezoning/master plan approval on September 3, 1986, which subsequently expired on March 3, 1988 (eighteen months). The project received a one-year retroactive time extension from the City Commission on August 16, 1988, which subsequently expired on August 16, 1989. The project consists of two 33,000 square feet office buildings for a total of 66,000 square feet. Pursuant to Section 9.C.13 of Appendix A-Zoning! the Planning Department requests that the Capitol Professional Center PCD be placed on the June 4th, City Commission agenda for a recommendation on the status of the approval. If the approval is not retroactively extended, the City Commission may wish to instruct staff to file a rezoning and/or land use amendment application to a more restrictive zoning category. If the approval is retroactively extended, the City Commission should specify whether the approval is extended indefinitely or for a set period of time. It should be noted that pursuant to the City's Concurrency Management Ordinance (Ord. 90-18), the project is not exempt from the concurrency requirements! regardless of the status of the rezoning/master plan approval. Thus, the project will be reviewed for compliance with the traffic and drainage level of service requirements when a site plan and/or plat approval is applied for. Since the City's future land use map shows an office commercial land use category for the subject parcel of land, it is recommended that the current rezoning/master plan approval for an office complex remain valid for an indefinite period of time. As previously stated, the impacts generated by the project will be assessed at the site plan and/or platting stage. If you have any questions please contact our office. Enc. cc: subject file chron. file a:capitol.doc/current LnCAT\ON MAt:> . <... .- CAP\TOL PROFESS\ONAL CENTER J'~ 1\ \ I \ 1\ I \. I " _ _ I :\ \ ' _.~.~ .., ,,-- ., N . ~~~.. '.::.tI!tT'f.lrli . \ \1 \ \ \ 1 I ....;..~ ..,....;{,/ ,., ~ : , '. 'e ..' :\ ".;l€l1~'l!'I:=" ] T T'I I.', ' ".' '\ '\'kIA~\i; '. T \ -\ \ ~'. .,' ~":\ . -F ..le" ~~.: " l-- . h""':'~"'''I':t' ~ ,T -n I . ,'" ' ,,". n' B \ '\ \ . " " ~ ' ,.,. , ," I \ J" .JJ~,:/I ,." \.,1\ -"",,,,,,, .- '.. :3' " ;; ~ ., "'W' .,.... ~ ,I : : .... . .' <,.., ."" 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H " {:(. & ,~ D \ >, 5.!:l "P#K"S OF TAR~: ;.> ", I -- .! . . 'U ," $ , '" ~_'H\'''''---- . -- ,-- ~ C'I.. , + 1'-" ~ \.~ 8}'~ 't-i~D \ ! . Ii"Y'<; 5\,&': :Q7\.<<Y I:: 1=:_, . . ::.::~ I c- ":l~Y / .. ~";."" l."j!of!2i' . '" ''f! rT L~' q::', . ~. "~ " ~" ~ '+~'. . :;Cm";;;" ill I . , ,;',:;''' y ",,' y ,_. ' . ~ T 1'~ ,J-.L-i-..l- " ~ ~~.:.;-- ~ . ~ . - ,," -~!:,:<<", ~ l";';':: '., ,:.~ ,.' .... ...... .' ", . '0 1/8 M\L~S{l1 '~61~~~~ ~...2::~r~? L~: 1\ \ i~O.\8~~N~~~T vep MEMORANDUM 3 August 1988 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Capital Professional Center Request for Extension of Zoning Accompanying this memo you will find a request to retroactively extend the Planned Commercial Development (PCD) zoning which was applied to the proposed Capital Professional Center. This request was submitted by Kieran J. Kilday for Knuth Road Associates, the owners of the property. Capital Professional Center is a proposed PCD consisting of two 33,000 square-foot office buildings located in the southeast corner of the intersection of Knuth Road and Old Boynton Road (see attached location map). This project was approved on September 3, 1986 and the zoning expired on March 3, 1988 (eighteen months). Among the reasons for not moving forward on the development of this project was the potential for realigning Knuth Road to align with the western most exit/entrance to the Boynton Beach Mall. This realignment was supported by the City in Resolution No. 86-NNN (copy attached). Efforts to realign Knuth Road are continuing with discussions among the property owners, the County Traffic Engineer and the Planning Department occuring regularly. Concerning the requested extension, Mr. Kilday is requesting that the timing of development be tied to the formal adoption of the Knuth Road alignment by the County Commission. This request is unacceptable because it potentially allows the zoning to remain in effect indefinitely; however, a one-year extension effective from the date of Commission action on this request is reasonable given the attempt to improve the alignment of Knuth Road. Please place this request on the next available City Commission agenda for the Commission's consideration. c!-~ARMEN- S~ /bks cc: Kieran J. Kilday Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (305) 689-5522 Letter to Carmen Annunziato Director of Planning City of Boynton Beach Re: Capital Professional Center Extension Request Dear Mr. Annunziato, This letter will serve as a formal request for an extension of time to pull building permits and construct the Planned Commercial Development at the Southeast Corner of Knuth Road and Old Boynton Beach Road. My client, Mr. Andrew Brock, is actively pursuing resolution of the Knuth Road alignment. At this time, we have met with Palm Beach County Traffic and Boynton Beach Planning Departments and are in the process of arranging meetings with the other property owners who will be affected by the realignment. I will keep you up to date in this regard. Upon resolving the alignment, we intend to immediately design the proposed center and make a submittal for formal Site Plan approval. It is anticipated that the process from design, to site plan approval, to building permit will take approximately one year. I would therefore like to request a time extension which will run one year from the formal adoption of the Knuth Road alignment by Palm Beach County. Thank ~ .6_ ~_. "'t' ,lit CAPIT AL PROFESSIONAL CENTER ~._ lLlllUUJ. uti LJ ; I j I JL..__ __ _____.._ r~ Hl CANAL C / d'._'_.__ -,-..-.---~ ---.-. lr?iF~ff-Y~J~~lH ~'~,);O>W7'ON <:A.ii~ F-~~-.l'.:--- I-'.Itf~ h~. , ~ ':... "~ ~1W DE1_H;" ,,: ,r L ....---:, ~~~,' r ", r~iU-1 , ~' -:, n':I' ~ ...' "~~i.;l<- ._~' :.~qEl ffil, I IT i'-j ~ ,'j - : ~ Iij i-- C)II tJ11:Y :::::,~ "'''.if' I !J~: ~,.-:3,: ~ v-i ~ rrIrJ , .~5,__,~ji-1L L lJ[ """:: ' '-d ~ >4-~'" L.JL ~Jo.B'rr Ye' " '- '~~ ~ f~r- ' ] fi -'JI~':"h I ! I pro.... 11 r'1; BOYN1"tJ,lf i3If!.ltC.J{ ~A_J. .. II) fl'~- ~ ' I I . i311 I I r- I/) tjl [ ] L '=-1 [-Iii \., l). HI; / ^ ~ · ;~ ,'- -I L',--~' .~. =1\: " \ I \1'1 I! '::\ W ~,I C ~ '1"1 ' J _ , I 1 . 1 ,b , " '\oJ I C~l ;~-=-~:-.=: -: ~ 1 \ 1 \ ~ 1'; n ~1 R ~ , \J . _~ J_l.' .. .. ~ I n/_~ .ct_. ._t:)"v li:~.t:.~~ ;\1 D . .. - . T--;-- ,'/"'." -'-~_-l'i SiTE.... - l_ V':;:--------~::I:: ~ ~ ~~ 1 '.. oJ' ' ~: '~"T ".:.:JJ t' .~,. _e. ,\ :~~..l' :r-;\ 1 I '.~.. J....... 4"__ t.___.(" ;..'~"'-' 1, :-.~ '~~:':::-""~I ,:......-<" ..oll.' '~""":,' _~, ,_.., " :" __ _. t.--'--- -. ';::. '...,~.',J 'C:I~~ ~ . ' \ ,."... . ,...". \ r _.If"' ~- _,'- .. AI TE I~.:~r::: 1: I: L~---~~~~~:..- C ~ .-L:....~ L--r'l-..-~...."+l I ~, . j ! 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'I X...:.-, '1\ , UJ :;)..~.e.;.~"( '. . , RFSOLurION ID. 86.- IV NN A RESOLurION OF '!HE CITY CDUNCIL OF '!HE CITY OF BOYNroN BF..AaI, FLORIDA SUPPORTING '!HE RFALI~ OF KNl1.IH ROAD AT INTERSFX:'TION AT BOYN'ION BFAOI OOULEVARD WHEREAS, the City of Boynton Beach and Palm Beach County have and will continue to cooperate with the develoI;fileIlt and planning of the area between Congress Avenue and Lawrence Road in the area south of Boynton Beach Mall; and WHEREAS, detailed proposals for the developrent of this area are continually reviewed by both the City and County staffs; and WHEREAS, the City and County staffs have discussed and have come to agreement on the proposed realigrunent of Knuth Road at Boynton Beach Boulevard; and WHERE'AS, the background for this proposed realignment and justifi- I catioQ for the realignment had been presented to the Boynton Beach Mayor , ,and City Council for review. q Ii lUi, 'lHEREFORE, BE IT RESOLVED 'IHAT '!HE MAYOR AND CITY CDUNCIL OF '!HE d CITY OF BOYN'IDN BEAOi support the proposal for the realignment of Knuth Road at Old Boynton Road and furthenoore support Palm Beach County efforts to condann riShts-of-way for this realignment as proposed in the attached August 11, 1986 rnerrorandum frcm Carmen Annunziato to Peter L. O1eney (with supporting documents). PASSED AND AOOPI'E[) 'lHIS .J!L ~y of j).~ u...s f , 1986. CITY OF BOYNION BEAOi, FI.DRIDA ;!It- f ()~"V"t')' (S , or Cvry~~~, Vice Mayor u~/Y ~~,r;, CCluncil Member , :' "'( ~ :~/~ (Corporate Seal) I , '. ~ RECEIVED MEMORANDUM 11 August 1986 AUG 12 1S96 c: ~y M.O,NAGE:1'3 OfFICE TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Knuth Road Realignment As previousiy discussed, an attempt is being made to realign Knuth Road between Old Boynton Road and West Boynton Beach Boulevard (see attached letter and map). Knuth Road, over this area, currently intersects at its northerly terminus, Javert Street. Javert Street is residential in nature, serving West Boynton Subdivision. As proposed, an S-curve would be designed into Knuth rroad resulting in the northern terminus intersecting with the western entrance to the Boynton Beach Mall. The City's interest in this realignment rests in the fact that all properties east of Knuth Road, including Knuth Road at its present location will be incorporated in the future. This process has started with the pending annexation of parcels of land at the northeast corner of Knuth Road and West Boynton Beach Boulevard, and at the southeast corner of Knuth Road and Old Boynton Road. Also, realignment will en- hance the objectives of the Boynton Beach Comprehensive Plan Evaluation and Appraisal Report which recognizes that Knuth Road will function as a collector. Concerning construction of the realigned Knuth Road, you will recall that the developers of the properties of the two previously mentioned corners have a financial and construction commitment to purchase ri~pts- of-way and build Knuth Road at its present location. Apparently, interest has been shown by these property owners in the realignment, as it will make their parcels of land more valuable by enhuncing access. These commitments are summarized in the letter to Nichael Schroeder dated June 20, 1986, copy attached. In order to effect this change'in alignment, the County has to approve the change and potentially condemn rights-of-way. As of Friday, August 8, 1986 the County expressed a willingness to do so. However, the County Traffic Engineer recommended th~t the City of Boynton Beach officially support the project as it mUst be approved by the County Commission. Therefore, it is recommended that the City Council pass a resolution supporting this realignment, and that copies of the resolution be forwarded to the County Commission and the County Traffic Engineer. /bks _c.~~. '"-_~ ..FC ~.~ CAHMEN S. ANNUNZhATO ............:: to " fl....J~ J- rtid..- ~ ('-77 , CITY of BOYNTON BEACH ..,.. . @. . -~.~.. ~.;flz~ 120 N_E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH. FLORIDA ~J10 (~J 734-8111 1 - ~ .-f.>)....;.~J. :::j.. '. '.;. =:..::.=-=~--...,~,:;~~~: !, .:.:.;,~: , ,~'i .. 'I...:~ -'0 ~ ~~ 'fY ....-lC . A~_...... ....~..... . '". . p~ iL....... ......W\~-~...,.......I'llIf.......= I 'il i,;. ,. . . i '...... ----, -:::l '~Jirrl;;. '_,;' '- ~~Ij;t. "'!"..I.:..~' , -..~ -' ,.:~.;-~~ , .. r --:;;.-- , .~ - . - ;~~-=~ OFFICE OF THE PLANNING DIRECTOR 20 June 198. Michael Schroeder, Esquire l' Lincoln Place 1900 Glades Road Suite 301 Boca Raton, FL 33431 Dear 'Mr. Schroeder: As requested, the Planning Department researched the matter of the ~econstruction of Knuth Road as it relates to the ap?roval of the Sabra strip center and Capitol Professional Plaza. To that end you will find accompanying this letter a copy of a memo and attendant documents which ~xplain the agreements made at the time of plan review. By copy of this letter, I am advising Mr. Walker of o~r findings. If, after you r~view these documents you have any suestic~s, please feel free to contact me at your convenience. ~ Yours very truly, CI~Y OF BOYNTON BEACH 0~ .7, <~- C. .(.~--Jx..Y?'./~' '1--->~- Ca!'m\~n.. S. Annun:: ia to ./ Pl,lnlling Director /bks Enclosures cc: City Manager Char les \';alker Ccntrul File ....- - ~ MEMORANDUM June 18, 1986 TO: Carmen S. Annunziato, Planning Director FROM: James J. Golden, Assistant City Planner Knuth Dairy Road Construction - Cost Sharing RE: Investigation of the Planning Department files and the minutes of the Planning and 'Zoning Board and City Council for the Knuth Road Associates and Sabra Enterprises, Inc. annexation requests concerning the cast of constructing Knuth Dairy Road has revealed the following: Capitol Professional Plaza - December 3~ 1985 citv Council minutes, P-14 (see exhibit A): Martin Perry agrees to comments made by Charles Walker concerning the formula for sharing the cost of construction for Knuth Dairy Road contained in exhibit C-3. Greentree Plaza II - Februarv 4, 1986 City Council minutes, P-15 - (see exhibit B): Kieran J. Kilday agrees to the terms of annexation including the staff comments regarding construction of Knuth Road contained in exhibit C, items #1-3. In regard to the additional right-of-way (west side) that would need to be acquired to make Knuth Road an 80 foot wide colJector, both Mr. Perry (exhibit A) and Mr. Kilday (exhibit D) request that they would like the City to consider asking the County to authorize the expenditure of some of the impact fees paid by these two projects to assist in the Cost of acquisition for this additional right-ai-way. f I ~ :. ),.hu_ ' ;;.J-A-.r~. JJ~MES J. GOLDEN flat Attach. .............::.. MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 ~~ Mr. Perry said the application was filed August 28, and he has a letter from the Planning Department dated September 12, indi- cating it had been prepared and was being processed; he believed it was advertised in October. This petition is not the same as the preceding one, which was advertised prior to October 1 but was postponed 30 days. Mr. Cheney said they anticipate that this application would go to the DCA with the group in July, but Mr. Perry may be able to get the DCA to rule that this application was submitted before October 1. Mr. Cheney explained that they plan to submit three other annexa- tions, therefore, land use amendments--the post office, a series of rights of way and a piece of land on High Ridge Road (Max Schorr property)--to the DCA in April, along with the DNA Report, whic~ is an analysis of the old Master Plan. In May, they will begin reviewing land use amendments only to be submitted in July. In July, August and September, they plan to review routine planning material, such as site plans. In OctOber, November and December, having received a reply from the State, they plan to again review land use amendments to be submitted the following January. The number of applications considered in each of these periods depends on the number approved. If he is not successful wi th the DCA, Mr. Perry said he hopes his \.' application could be included in the group in April rather than July, as all of the review relative to this application has been completed, with a full staff recommendation relative to the comprehensive Plan amendment. Mr. Cheney said he cannot answer.. that request tonight, but it may be possible. ~ Mr. Perry said the proposed height of this project is in accord 'with the allowance in the PCD ordinctnce and is in line with what is happening across Old Boynton Road at the mall. He said their traffic engineer is of the opinion, in agreement with the County Engineer, that restriping should be done to allow left turns into their property off Old Boynton Road rather than constructing a (median. His client is willing to share in the cost of constructing and widening Knuth Road; they have no problem with ;' the formula recommended' by Hr. Walker for determining the amount. i There is a requirement that they acquire an additional 15 feet of ! right of way for the entire length they nre to construct the ! road, which is 660 feet. The acquisition of that right of way .., will cost approximately $65,000 to $70,OOOi therefore, they request that the City consider asking the County to authorize the expenditure of some of the.availa~]e funds from impact fees to assist with the cost of th1s acquIsition. Finally, Mr. Perry requested that this application be considered for the April sub- \ mittal to the State. Mr. Annunziato said he discussed with Mr. Walker the potential for the County participating in th~ construction of Knuth Road ~ - 14 - .. . ....... ....,-; MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4,1986 'of Knuth Road and utilities in connection with this rezoning, and annexation should be granted upon compliance with those con- ditions. In response to Mayor Cassandra's question as to whether he agrees to the stipulations made by staff, Mr. Kilday said they are already prepared to construct Knuth Road up to and through the canal, but the second part of the stipulation will depend on the cooperation of the other property owner. He said their hands are tied,until the City acts with the other property owner. Mr. Annunziato said-the other owner will not be annexed and zoned or receive his water and sewer agreement until he cooperates. ( Mayor Cassandra asked if anyone wished to speak in favor of or against this request, and there was no response. Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve this rezoning from AR to C-3.' He said many times this is the best way to control the quality of what is built in a location, because the same stipulations might not be met if the property remained in the County, 'but the impact on the roads cou1.d be just as great whether it was a part of the City or the County. Councilman Warnke thought the AR zoning should be retained for the property, and pressure should be put on the County Commission not to rezone it whe~ the request comes before them. The motion was voted upon and carried 3-2, with Councilman Warnke and Councilman Zimmerman voting in opposition. Mayor Cassandra said the developer should realize that the two Councilmen have very strong concerns, and the retail usage con- cern should be considered. Mr. Kilday said they restricted it considerably from the original proposal, which was all retail. ~ He added that, in addition to this parcel, the existing Greentree Plaza, Which already has water and sewer service, will be annexed. Mr. Kilday said this proPerty is zoned CG in the County; it is not zoned AR. As suggested by Attorney Vance, Vice Mayor Ferrell moved, seconded by Councilman Warnke, to deviate from the Agenda and next consider the other request for this applicant, which was under Legal-Other. 1. Consider approval of Utility S~rvice Agreement submitted by Kieran J. Kilday for Edward I. Singer (PostEoned to February 4, 1986) Vice 1.1ayor Ferrell moved, seconded by COllncilm.1n Hester, to approve the Utility Service 1\greemr'nt. The motion carried 3-2, with Councilman Zimmerman and Councilman \-;arnke dissenting. ~ \ Vice Mayor Ferrell moved, seconded by Councilman Hester, to revert to the order of the Agenda. The motion carried 5-0. At 9:45 p.m. Mayor Cassandra announced a break, and the meeting resumed at 9:50. - 15 - '. . . 6" '. .)~Id.()f COllllty Cummi!>siullt'r5 o.~~nclh M. Adams, Chairman {' Karen T. Marcus, Vice Chair Ken Spillias Jerry L. Owens Dorothy Wilken Cuullty .'\(!lllillislr:lllIr Juhn C. S.Jnsbury '., LJcp~rtmcnl of Pbnninv Zuning. 8. Building Robert E. Duchart . ' .,' . , August 313, 1985 I . " , , ' Excculive DircclOf (~ .~ '. ~ . . -, Sabra Enterprises, Inc. . By Kieran J. Kilday, Agent 1551 Forum Place - Ste. 300E West Palm Beach, FL. 334131 Subject: petition No. 85~93 - Rezoning/Special Exception Dear Sir: " At the Public Hearing on August 22, 1985, the Board of County Commission~rs of Palm Beach County, Florida, officially approved your petition as advertised subject to the attached tenative list of specia1,conditions. You are tentatively scheduled for the September 25, 1985, Site Plan Review Committee Meeting commencing at 9:1313 A.M. in the Conference Room at 341313 Belvedere Road. You or your representative should be present at this meeting to answer any questions the Committee might-have. In order for your plan to be considered by the Site plan Review Committee, you must submit a revised site plan, reflecting the conditions listed, on or before noon of September 11, 1985. Sincerely, jJ,*,t cJt~t~ ~ohn A. Lehner, Director Zoning Division JAL:bjh cc: Pet. No. 85-93 Rezoning/Special Exc_eption File, BCC File, L. Carter, S. Sprague, Minutes Department R. ~'lheelihan S. Hardy Edward singer ~~~~~~.----____.r.. 3400 BEL \'EDERE ROAD . WEST 'PALM BE.\CH, 1 LORIDA 33406 . (305) 471-3520 ....-.,,""w....a.Q ......Iv..... C-1 ~ . . --...... ...-...- .-'--- -....-.... . .- --- ...... . ~.-:~. - i' / ~ ~/. \ ' . .;.~ t,? ~(~D , PETITION NO. B5~93 1) prior to site plan certification the site plan shall be revised to reflect the following: cyo--rSP_C/' ' 7 ~) Removal or relocation.of the two (2) parking stalls along the west proper~y line nearest the corner at Knuth and Boynton West Road, pursuant to Zoning Code Section 500.17., (OFFrSTREET PARKING REGULATIONS), and pursuant to Section 4.H., (Site Distance for Landscaping Adjacent to Public Rights~of~way). b) Accommodation of required landscape strips outside of utility easemen ts, or .ex,~.fut i Oll-o.L..r.eqll i ~ i t"e-..easement,...ag reemen ts ilL cL tor~_ acceptable to the - county and. 'appl icabl~ _ ~t;~l ~.~Y u,?ompany/ i~~. 7 V'. c) A six foot high solid masonry wall along the north line with 10~l2 foot high canopy trees planted 20 feet on center along the north' and the east property lines. '. ./' ~ ~ . d) parking area int~rior landscaping "'pursuant to Landscape Code Section 4.G. landscape provisions shall be graphically depicted on site plan, an4 interior landscaping requirement calculations shall added to the site data tabulation. the be 2) All mechanical and air conditioning equipment shall be roof mounted and screened with parapets or be contained within the enclosed loading and service area. 3) All facades 'of the retail bui'ldi,ng shall be given arc~itectural . treatment ~onsistent with the front of the center to avoid an incompatible industrial appearance impact upon nearby residential development. 4) No stock loading or dumpster pickup will be permitted between the hours of 8:90 p.m. and 8 a.m. -5) No'storage or placement of any materials, refuse, equipment or accumulated debris shall be permitted in the rear of the retail, building_ . ' s ' ~) No -parking of any vehicles shall be permitted along the rear of the retail building except in designated spaces or unloading areas. , 7) Security lighting shall be di~ected away from near~y residences and rights...of...ways. 8) Reasonable p~ecautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. 9) Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters. le) Any fuel or chemical storage tanks shall be installed with protection against leakage or spillage due to corrosion, breakage, structural failure or ether means. The design nnd installation plans will be submitted to the Health Department for npproval p~ior to installation. 11) Any toxic or hazardous waste generated at this site shall be properly handled and disposed of in accordance with Chapter 'l7~30, P.A.C. 12) The development shall retain onstte 85% of the stormwater runoff generated by a three (3) year~one hOUr storm per requirements of the Permit Section, Land Development Divl~ion. " -~ -".. ..... ...--- .- .' - : ----:---' '~~~., '. ... . ~ ~); The property owner (a) Knuth Road, 33 feet .. " ... -- .......; ,"': ~ . ~; \ " . .- .. ..! " . ~. . o. :.. , ~ . . shall convey for the ultimate right~of~way of: from cente:-l.1ne, (b) Boynton Beach Boulevard:, 6e feet from centerline (approximately an alJditionall-5feet~. .0 . . AJl within 9~ days of adoption of the Resolution by the Board of County Cbmmissioners; conveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. 14) The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard ~o the north right~of~way of the L.W.D.D. Lr.24 canal concurrent with onsite paving and drainage improvements pursuant to a paving and drainage permit issued from the office of the County Engineer. The construction of Knuth Road shall also include the constructIon of a new structure over the LWDD L~24 Canal pe~. the LWDD's requirements. This construction shall be credited towar&-.the Fair Share Impact Fee and the additional monetary contribution as determined in Condition No. 19. 15) The Developer shall convey to the Lake Worth Drainage District the north flftyrfour (54) feet of tract 8 for the required right-of-way of Canal No. L7.24, by Quit Claim Deed or an Easement Deed in the form provided by said district, within ninety (93) days of adoption of the resolution by the Board of County Commissioners. If said Canal No. Lr.24 is" piped, less conveyance may be requi red per the Lake Worth Drainage Distric~ requirements. '16) The property owner shall obtai-n a Turnout permit from the Palm Beach County Engineering Department, Permit Section for access onto Knuth Road and a permit from the FlorIda Department of Transportation for access onto Boynton Beach Boulevard. 17) A maximum of 1~,933 square feet of general retail shall be permitted at full'buildout. . 18) The petitioner 'shall present a notarized Affidavit of Disclosure at the Zoning Aut~ority meeting. 19) The property owner shall pay a Pair Share Fee in the amount and manner required by the "Fair Share Contribution for~Road Improvements Ocdlnance. as it presently exists or as it may-from time to time be amended.' The Fair Share Pee for this project presently is $16,797.30. Based on the Traffic Performance Standards (Category MBa), the Developer shall contribute $4,200 towards roadway improvements in the appropriate Impact Fee Zone. These funds shall be paid prior to December 15, 1985. If the Fair Share Contribution for ROad Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of _ $4,230 shall be credited toward the increased Fair Share Fee. If the certified cost is less than the construction in Condition No 14, the balance shall be submitted to Palm Beach County at time of issuance of the first building permit. 20) There shall be no automotIve service station located on this site. 21) The petitioner shall not proceed to draw building permits until sewer and water agreements are entered into with the City of,Boynton Beach. .,--- PLANNING DEPART~~NT STAFF COmlENTS 1. The land use category requested must be considered as a part of an overall strategy for annexation. In keeping with stated City Council policy, this pro~erty should reflect an Office and Professional land use category and be zoned C-l (See attached). 2. A site plan for the proposed development must be sub- mitted to the Planning Department and be approved by the City Council prior to annexation and rezoning. 3. The property owner shall convey for the ultimate riqht- of-way of: a. Knuth Road, 30 feet from centerline~ b. Boynton Beach Boulevard, 60 feet from centerline, (approximately an additional 15 feet). All within_ 90 days of adoption of the Resolution by the Board ,of County Commissioners. COnveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. 4. The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard to the north right-of-way of the L.W.D.D. L-24 canal concurrent with on-site paving and drainage improvements pursuant to a pavinq and drainaqe permit issued from the office of the County Engineer or City Engine~r, as appropriate. The construction of Knuth Road shall also include the construction of a new struc- ture over the L.W.D.D. L-24 canal per the L.W.D.D. IS requirements. This construction shall be credited toward the Fair Share Impact Fee and the additional monetary contribution as determined in Condition No.6. 5. The Developer shall convey to the L.W.D.D. the north fifty- four (54) feet of tract 8 for the required right-of-way of Canal No. L-24 by Quit Claim De~d or an Easement Deed in the form provided by said District, within ninety (90) days of adoption of the Resolution by the Board of County Commissioners. If said Canal L-24 is oiped, less convenance': may be required per the Lake Worth Drainage District require- ments. 6. The property owner shall pay a Pair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Imorovements Ordinance" as it Pl-esently exists OJ:: as it may from time to time be amended. The Fnir Share Fee for this project is $16,797.00. Based on the Traffic Performance Standards (Cateqory "B"), the Developer shall contribute $4,200 tow~rds roadway im- provements in the appropriate Jmoact Fee Zone. These funds shall be paid prior to December is, 1985. C-2 . .~ .. .c/!J Page Two. .' If the Fair Share Contribution for Road Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of $4200 shall be credited toward the increased Fair Share Fee. If the certified cost is less than the construction in Condition No.4, the balance shall be submitted to Palm Beach COUl1ty at time of issuance of the first building permit. . 7. There shall be no automotive service station located on this site. f f I I 1 i . I , I , I , J I I I I I - -, ". . Jil.:/nll)j ( Illlilt~ l..' .- ,llli~...ill:ll':'" l""'hl:Y \..h.~:ll: ,dl . Kr:l1ld h :\1. ~\d:.!r.',:, ':-;i:urm:m J<::::-.:n T, :\J:Jrl'l!~. .:: ,C' Chair K"n Sj.'illia., J(~l-ry L. OWC'I1S Dorothy \\'ilI~cn ~'.~";r', <....~.; i\ November ~, 1985 ~\. lJ...~ . ~-....; - . / ... v,::: "":':' i ~. ~ .: ..;:- ,,:.:... ~\G -'r- ~.. ...~:....... (~~-_f~~, ~ ~~~ ):-, \.... .-' "Y r.." _ ~f'. , ~ .. r "'-, .... \.- '-.:.Jr;~' 4 '-:..~ DcpLlrt~nt of En;!inc!:'Tir:~ ~r.d Pet.lic Wor~~ H. F. Kahl~1l County Engim:t'r Mr. Carnen Annunziato Planning Director City of Boynton Beach P.O. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33435-0310 SUBJECT: Annexation Of The Sabra Project Location At The N.E. Quadrant Or- Boynton Beach Boulevard And Knuth Road And The Capitol Professional Center Locnted At The S.E.Quadrant Of Th~ Old Boynton Beach Boulevard And Knuth Road Dear Mr. Annunziato: This is 1n reply to your request to this office for traffic related comments for the two subject projects, which are currently petitioning for annexation into the City of Boynton Beach. Given that both of these projects will put commercial traffic on Knuth Road, it is my recommendation that as a condition of approval, these projects-be required to obtain the Right-Of-Way for and construct Knuth Road, as a 2~ foot section with turn lanes as appropriate in a 60 foot Right-Of-Way, between Old Boynton Road and Boynton Beach Boulevard. Conditions of approval should require the provision of construction plans and Right-Of-Way documents necessary for this contruction. Palm Beach County will commit to obtaining the necessary Right-Of-Way, using it's condemnation powers as'necessary. " , - As you know, the Sabra Project was previously approved In Palm Beach County as Pet1tion No. 85-93. As you can see from the attached conditions of app,rova1, this project was required to construct Knuth Road to the north Right-Of-Way line of th~ Lake Worth Drainage District Lateral No. 2~ canal. 'It is my recomnendatlon that all conditions imposed under the county approval be re-lmpo~ed as part of the conditions of annexation. Specific conditions which should be 1mposed on the Capitol Professional Center follow: 1) Dedicate ~O feet from centerline for the ultimate 1/2 Right-Or-Way for Old Boynton Road. 2) Dedicate 30 feet from centerline for the ult1wate 1/2 Right-Of-W?y for Knuth Dairy Road. 80X 2429 WEST PALi\i SE.!:..CH, ;=LORI8A 33,102 (3c)5} 6~~,4000 --- ~..,. -"- ...,......:...:..A'r~- C-3 J \ , -, ,-; - , - 3) Dedicate a safe corner (the long chord of a 25 foot radIus) at the IntersectIon of the above Rights-Of-Way. ~) Pave Knuth ,Dairy Road from Old Boynton Road to connect to the bridge over the L-24 canal in coordinatIon wIth the Sabra Project. 5) Modify the existing pavement markings on Old Boynton Road to provide a two-way left turn lane from Knuth Road to Mall Access Road "An. It is also recommended that these projects jointly hire an engineer for the preparations of the plans. That the cost of construction be split at the north line of the Lake Worth Drainage District Lateral No. 24 canal, with 'Sabra bearing the cost south of this line and Capitol Professional . Center bearing the cost north of this line. The cost of the Right-Of Way documents and the Right-Of-Way costs would be shared between these two projects based on their traffic generation. Capitol Professional Center's share would be 56~, and Sabra Project's would be 44%. It is also recommended ;hat building permits not be issued for these projects until such time as the contract f9r the construction of Knuth Road has been let. . Your continued cooperation In these matters of mutual interest is sincerely appreciated. Sincerely, OM:J:;:/2l-GINEER Charles R. Walker, Jr., P.E. Director, Traffic Division , . 'i CRW':bem . ............:- , ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 ( attached to the tract). primarily, they were talking about the right-of-way north of the canal (from there to Old Boyn ton Road). Mr. Annunziato agreed with Chairman Ryder that it is a gap. Chairman Ryder said Capitol Development does not go all the way down to the canal because a private house is there. Mr. Annunziato said the property with a private home has a very large lot, not heavily developed. Chairman Ryder thought the Board should go to the 60 feet and, hopefully, it would be extended. He pointed out that it could be extended from funding for capital improvements. Mr.' Annunziato said the issue here was that the applicant was objecting to putting up the money to buy the right-of- way. He did not believe the issue was the paving of the road. Mr. Kilday interjected that they own the area they are required to pave, so they have no problem giving the right-of-way and doing the paving. Their one problem with that letter is they are supposed to join in with another entity with regard to the area north of them, which they are not required to pave. (, Mr. Kilday suggested that this should be a three way cooper- ative effort to develop the road that has to be developed for the sake of the owner immediately to their north: the petitioner, the County, and that owner. People will use that short cut because they know it is there. They will pave that, but Mr. Kilday wanted to see the County at~least use some of their impact fees for that small amount of access. Chairman Ryder asked what the intervening distance between the southern limit of the Capitol center and the private single family home is. Mr. Kildoy answered, "790 feet." Mr. Annunziato advised that the issu0 was whether they wanted urban development to utilize a 30 foot farm road. In his opinion, he thought they would not. Mr. Kilday agreed because their center is that mucll better with the road going all the way through, but it was ~ question of how people should get it together. He reit0~at~d that they have a meeting set up with the County to SUqgest the three way effort, but they did not know nbnut ihis in time to do any- thing about it. Maybe the County will say, "Great", but they generally say, "If you will do it, we won't." with regard to the height limitation, Mr. Kilday told the Board Members the petitioner Would be asking the Council to allow them to move ahead with building permits in Palm Beach e ..- '. .l~ ~~ MEHORANDUM 9 December 1985 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Outstanding Amendments The purpose of this memo is to clarify the status of the seven applications for either annexation or annexation and Future Land Use Element Amendment and Rezoning which are outstanding as of this date. The seven applications by type are as follows: ANNEXATION 1. City of Boynton Beach Roadway Annexation, City of Boynton Beach, Agent. . ANNEXATION, LAND USE ELEMENT A}illNDMENT AND REZONING 2. United States Post Office, Jack F. Willis, Agent. 3. Max Schorr, Trustee, Roy Barden, Agent. 4. Singer, Kerry Kilday, Agent. ~. Capitol Center, Martin Perry, Agent. 6. The Grove, Tom Kelsey, Agent, and, LAND USE ELEMENT AMENDMENT AND REZONING 7. St. Andrews, Robert D. Chapin, Agent. Of the seven, numbers 1, 2, 3, and 4 require only the adoption of ordinances to annex, to amend the land use element and to rezone. Items 5, 6, and 7 require the adoption of ordinances as well as review by the State Department of Community Affairs. In all in- stances, the adoption of an ordinance to amend the Future Land Use Element will count against the two permissible amendment procedures per year. Because of the two amendments per year ",... '.It; Page Two. limitation, it seems appropriate to defer action on items 1 through 4 inclusive, until items 5, 6, and 7 have completed their mandatory state review at which time all items can be adopted simultaneously. This would result in using up only one amendment procedure. In the future, there should be no problem in determining the status of requested amendments owing to Council's adoption of the Plan Amendment Procedure proposed by the Planning Director (copy attached) . From this point forward, all applications of this nature will be processed consistent with the adopted procedure. <:~~JL~ CARMEN S. ANN ZIATO /bks cc: Central File Project Files ~- ,~' "~ , ~~c '" \".:._- _. ... '. -' .~,,__,m '.- ~. ') ,'~ I C2-32 to 52 inches; pale brown (10YR 6/3) fine sand:~ single grained; loose; very strongly acid; gradUal'l~ wavy boundary. , C3-52 to 80 inches; very pale brown (10YR 7/3) fine sandi! single grained; loose; very strongly acid, '~ R,,,tion "ng" 'Nm extcem,'y acid to mildly 'lhlh'~ throughout, The A horizon is very dark gray (10YR 3/1 i:~ N 3/0), dark gray (10YR 4/1; N 4.0), gray (10YR 5/1jii N 5/0), grayish brown (10YR 5/2; 2.5Y 5/2), or darkL, grayish brown (10YR 4/2; 2.5Y 4/2). It is 3 to 8 inches! W~ : The C horizon is grayish brown (10YR 5/2, 2.5Y 5/2),' brown (10YR 5/3), pale brown (10YR 6/3), very pale ~ brown (10YR 7/3, 7/4), light brownish gray (lOYR 6/2),\ gray (10YR 5/1, 6/1; N 5/0, 6/0), or light gray (10YR 7/1,' 7/2). It has mottles in shades of hrm\'tl or yellow. Pompano soils are associated with Basinger, Anclote, 1m- . mokalee, Riviera, and Holopaw soils. Unlike Basinger soils, they lack a friable Bh horizon weakly stained by organie matter. Pompano soils lack the thick, dark A1 horizon of Andote soils and the weaklv cemented Bh horizon of lmmo- kalee soils. Pompano soils are sandy to a depth of 80 inches or more, and Riviera and Holopaw soils are not. Po-Pompano fine sand. This is a nearly level, poorly drained, deep, sandy soil in broad, grassy sloughs, concave depressions, and drainageways. It has the pedon described as representative of the series. Under natural conditions, the water table is within 10 inches of the surface for :2 to 6 months in most years and within 30 inches for more than 9 months, Water covers depressions for more than 3 months in most years. , Included with this soil in mapping are small areas of Basinger, AncIote, Immokalee, Holopaw. and Riviera soils; and soils that have a uro,,'nish yellow, ironstained laver. 'The natural vegetation is southern bayberry, mela- ' leuca, pineland three-awn, sand cordgrass, and other; grasses. Scattered c~'press, slash pine. and cabbage I palm trees grow in some place:-. Some areas are in' improved pasture. Vnless drained. this soil is not suited to cultivated crops. If drained and intensively managed, it is mod- erately well suitec1 to vegetation. A ','ell-designed, constructed. and maintained ,,-ateI' control system, maintains the level of the water table and provides subsurface irrigation. Frequent aI)plications of ferti. lizer and lime are needed. This soil is poorly suited to citrus. Because it is in low positions and generally has a high "'ateI' table, water control is difficult. A well-designed water control system and bedding are needed if citrus is planted. ' Fertilitv is difficult to maintain because the soil is sandy imd low in fertility. Frequent applications of' fertilizer are needed. During dry periods, irrigation is needed to insure good yields, If intensively managed, this soil is well suited to improved pasture of grass or grass and clover. Major management concerns are providing a water control system that is less intensive but is otherwise similar to that system required for cultivated crops, frequently applying fertilizer and lime as required. and carefully controlling grazing. Capability unit IVw-l. 34 SOIL SURVEY The C horizon is commonly light gray (10YR 7/1), gray (lDYR 5/1, 6/1), grayish brown (10YR 5/2), pale brown (lDYR 6/3), very pale brown (10YR 7/3, 7/4), or light yellowish brown (10YR 6/4). Pomello soils are associated with Immokalee, Myakka. Basing-er, St, Lucie, ami Paola soils. They an' better drained than Immokalee, Myakka, and Basinger soils. They have an A horizon more than 30 inches thick, and Myakka soils do not. They have a well developed, weakly cemented Bh hori. zon, and Basing-er soils do not, Pamella soils are less well drained than St. Lucie and Paola soils and have a Bh hori- zon, which St. Lucie and Paola soils do not have. PhB-Pomello fine sand. This is a nearly level to gently sloping, moderately well drained, deep, sandy soil that has a dark, weakly cemented layer below a depth of 30 inches. This soil is on low ridges and knoIls. Slopes range from 0 to 5 percent. It has the pedon described as representative of the series. Under natu- ral conditions, the water table is within 24 to 40 inches for 1 to 4 months during wet periods and below 40 inches during the remainder of the year. Included with this soil in mapping are small areas of Immokalee, Myakka. Basinger, St. Lucie, and Paola soils; and soils in which the dark, weakly cemented layer is below 50 inches, or is less weIl developed. The natural vegetation is slash pine, sand pine, scrub oak, saw-palmetto, inkberry, sand plum, fetterbush, pineland three-awn, and other native grasses. Most areas are in native vegetation. This soil is generaIIy not suited to cultivation be- cause of poor soil properties. It is not suited to row crops or most vegetables and is poorly suited to citrus, It is poorly suited to bahiagrass and other deep-rooted, drought-resistant grasses, even if large amounts of fertilizer and lime are applied. Capability unit Vls-:2. Pompano Series The Pompano series consists of nearly level, poorly drained, deep, sandy soils in broad, grassy sloughs, concave depressions, and drainageways. These soils formed in thick beds of sandy marine sediments. Under natural conditions, the wate'r table is within 10 inches of the surface for 2 to 6 months in most veal'S and within 30 inches for more than 9 months. Water covers depressions for more than 3 months in most years. In a representative pedon the surface layer is dark grayish brown fine sand about 8 inches thick. Below this is light gray fine sand to a depth of about 32 inches. The next layer is pale brown fine sand about 20 inches thick. Below this is very pale brown fine sand that extends to a depth of 80 inches or more. Permeability is rapid in all layers. The available water capacity is very low. Organic-matter content and natural fertility are low. Representative pedon of Pompano fine sand, about 100 feet east of El Rio Canal and about 0.45 mile north of entrance road to Florida Atlantic University, NW1/4NE1/4 sec. 18, T, 47 S" R. 43 E. Ap-O to 8 inches; dark grayish brown (lDYR 4/2) crushed fine sand; weak fine granular structure; very friable; many uncoated sand grains; extremely acid; clear wavy boundary. Cl--8 to 32 inches; light gray (10YR 7/1) fine sand; single grained; loose; very strongly acid; gradual smooth boundary. Quartzipsamments, Shaped QAB-Quartzipsamments, shaped. This mapping unit consists of nearly level to gently sloping, well ~ . L