CORRESPONDENCE
",",UUJlL)' nUllll"l~lr4lU"
Karen T, Marcus, Chair
Cilrole Phillips, Vice Chair
Carol A. Roberts
Carol 1. Elmquist
Mary McCarty
Ken Foster
Maude Ford Lee
}an Winters
Department of Engineering
and Public Works
February 12, 1991
Mr. Christapher Cutro, AICP
Planning Directar
City af Boyntan Beach
P. O. Bax 310
100 E. Boyntan Beach Blvd.
Boynton Beach, FL 33425-0310
RE: PREVIOUS APPROVAL DETERMINATION NOTIFICATION
ADDITION INFORMATION ~
Dear Mr. Cutra:
This letter is to, inform you that Palm Beach Caunty has completed its review af
the additional information provided by Baynton Beach, dated January 18, 1991 and
received by the Caunty an January 18, 1991, far the fa'ur Previaus Appraval
Determination Notifications. The Caunty ha~o abjectian to, the determination
of these projects as Previous Approvals in ccordance with the 1990 Traffic
Performance Standards Code (Ordinance No. / 0-40). The faur prajects are as
follows: /
- Mall Carner Restaurant, (1.34 acres) at the sauthwest borner af Old
Bayntan Boulevard and Winchester Park Baulevard, consisting of a 7,000
square foot family style restaurant.
- Winchester Boulevard Restaurant, (0.84 acres) at the northeast corner
of West Boynton Beach Boulevard and Winchester Park Baulevard, consisting
of a 4,000 square foot fast faad restaurant.
- Knuth Raad peD, (13.87 acres) at the southwest carner of West Baynton
Beach Baulevard and Knuth Raad, cansisting af a 120,000 square faot
reta il shoppi ng center. .
- Baynton Beach Baulevard PCD, (14.76 acres) an the sauth side af Boynton
Beach Boulevard, cansisting of 120,000 square feet af retail shopping
center.
-:.:" .
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RECEIVED
11
FEB 21
PLANNING DEPT.
"Anl:quaf Opportunity - Affirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 3340,2-2429 (40,7) 6&.4-40,00
@ p,inr"d on ,,,cycl,,rI PllP'"
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. Page 2
These approvals are contingent on the successful
in the City of Boynton Beach.
Sincerely,
OFFICE OF. THE COUNTY ENGINEER
~....~~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc:
George T. Webb, P. E., Deputy County Engineer >.
Charles R. Walker, Jr., P.E., Director of Traffic
Barbara Alterman, Assistant County Attorney
Allan Ennis, P.E., Development Review.Engineer
11,:~
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File: TPS - Hun. - Traffic Study Reviews
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
."~
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2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 32399.2100
Lawton Chiles
Gov~rnor
William E. Sadowski
Secretary
FEbruary 8, 1991
The Honorable Gene Moore
Mayor, City of Boynton Beach
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33435
RECEIVED
FEB 12 1991
CITY MANAGER'S OfT<::'::
Dear Mayor Moore:
The Department has completed its review of the Comprehensive
Plan amendments (Amendment 90-2 and 90-S1) for the City of Boynton
Beach, as adopted on December 18, 1990, and determined that they
meet the requirements of Chapter 163, Part II, Florida statutes,
for compliance, as defined in Sub-section 163.3184(1) (b). Amendment
90-2 includes the Stipulated Settlement Agreement amendments. The
Department is issuing a Notice of Intent to find the Plan Amendments
In Compliance. The Notice of Intent has been sent to the Palm
Beach Post for publication on February 9, 1991.
Please note that a copy of the City of Boynton Beach
Comprehensive Plan Amendments, the Department's Objections,
Recommendations and Comments Report of October 22, 1990 and
the Notice of Intent must be available for public inspection
Monday through Friday, except for legal holidays, during normal
business hours, at the City hall, Planning Department, 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33435.
The Department appreciates your City'S effort to prepare and
adopt these Comprehensive Plan Amendments to guide the growth and
development of your community and further the growth management
policies of the region and state. Very soon, the Department's
attorneys, in conjunction with your attorney, will be filing a
motion for the hearing officer to relinquish jurisdiction over
your Plan, as amended, so the Administration Commission can enter
an order finding your plan as amended "in compliance.1I
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
The Honorable Gene Moore
February 8, 1991
Page Two
If you have any questions, please contact Robert Pennock,
Chief, Bureau of Local Planning, or Maria Abadal, Plan Review
Administrator, at (904) 487-4545.
Sincerely,
RokJwrq. M~
Robert G. Nave, Director
Division of Resource Planning
and Management
RGNjpnp
Enclosure: Notice of Intent
cc: Christopher Cutro, Planning Director
Daniel M. Cary, , Executive Director, Treasure Coast
Regional Planning Council
.'
STATE OF FLOF 'A
DEPARTMENT OF COMMU~~fY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF BOYNTON BEACH
COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE
DOCKET NO. 90-2-NOI-5005-(A)-(I)
The Department gives notice of its intent to find the
amendment(s) to the Comprehensive Plan for City of Boynton Beach,
adopted by Ordinance Nos. 090-69, 090-72, 090-74, 090-60, 090-66,
090-76, 090-78 and 090-58 on December 18, 1990, IN COMPLIANCE,
pursuant to Sections 163.3184 and 163.3187, F.S.
The adopted City of Boynton Beach Comprehensive Plan
amendments and the Department's Objections, Recommendations, and
Comments Report, are available for public inspection Monday
through Friday, except for legal holidays, during normal business
hours, at the City Hall, Planning Department, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33435.
Any affected person, as defined in Section 163.3184, F.S.,
has a right to petition for an administrative hearing to chal-
lenge the proposed agency determination that the amendment(s) to
the City of Boynton Beach Comprehensive Plan are in compliance,
as defined in Subsection 163.3184(1), F.S. The petition must be
filed within twenty-one (21) days after publication of this
notice, and must include all of the information and contents
described in Rule 9J-11.012(8), F.A.C. The petition shall be
filed with the Agency Clerk, Department of Community Affairs,
2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure
to timely file a petition shall constitute a waiver of any right
to request an administrative proceeding as a petitioner under
Section 120.57, F.S. If a petition is filed, the purpose o~ the
administrative hearing will be to present evidence and testimony
and forward a recommended order to the Department. If no
petition is filed, this Notice of Intent shall become final
agency action.
If a petition is filed, other affected persons may petition
for leave to intervene in the proceeding. A petition for inter-
vention must be filed at least five (5) days before the final
hearing and must include all of the information and contents
described in Rule 221-6.010, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative
Hearings, Department of Administration, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-1550. Failure to petition to inter-
vene within the allowed time frame constitutes a waiver of any
right such a person has to request a hearing under Section
120.57, F.S., or to participate in the administrative hearing.
R~~~: ~~v~~ctor
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
st. lucie
martin '.
treOlure
1 COQJ.t I
.~~A reglona
planniQg
council
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August 20, 1990
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 Local Government
Comprehensive Plan Amendments
Dear Mr. Arredondo:
,Or.
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 amendments to the City of
Boynton Beach Comprehensive Plan at its regular meeting on
August 17, 1990.
'.-
.
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Comments were approved by Council for transmittal to the
State Department of Community Affairs pursuant ~o Sections
163.3184, Florida Statutes, for consideration by the City
prior to adoption of the amendments.
Evaluation
"
The proposed amendments have 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.
Sincerely,
~-:f.!I---{r-
Daniel M. Cary
Executive Director
-
a::
James Golden
3221 sow. mortln downs bIvd.
lune 205 . p.o, box 1529
polm city, Ilotlda :s.990
phone (407) 221-4060
~c 269.4060 lax (407) 221-4067
u T; rl~.,IV]0JD. RECEIVEr
J~)....i _,'\~.l-
l\W} y,\) 1000 AUG 22 '1990
"\';i' oFri$
n",N~d \ ,,-, . . CITY MANAGER'S OFF
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DMC: lb
TREASURE COAST REGIONAL PLANNING COUNCIL
M E M 0 RAN 0 U M
To:
Council Members
AGENDA I TEf~ 6Bl
From: Staff
Date: August 17, 1990 Council Meeting
Subject: Local Government Comprehensive Plan Review -
Amendments to the City of Boyn~on Beach
Comprehensive Plan
Introduction
Pursuant to the provisions of the Local Government
Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes (FS), the Council must be
provided an opportunity to review and comment on comprehensive
plan amendments prior to their adoption. The City of Boynton
Beach has submitted. proposed amendments to the state
Department of Community Affairs (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 policy plan developed pursuant to Section 186.507,
FS. A written report, containing any objections,
recommendations for modification, and comments (as defined in
Chapter 9J-ll, Florida Administrative Code) is to be provided
to the DCA within 45 calendar days of receipt of the plan,
elements or amendments.
Backqround
On January 10, 1990, the DCA issued a Notice of Intent to find
the comprehensive plan for the City of Boynton Beach not in
compliance, pursuant to Section 163.3184, FS. As part of this
finding, the ADOPTED plan was found to be Inconsistent with
the Regional Plan.
.
The City of Boynton Beach is considering draft amendments to
the text and policies pursuant toa stipulated settlement
agreement with the DCA. In addtion, the City is considering
five draft amendments to the Future Land Use Map,. not related
to a stipulated settlement agreement. The locations of the
properties under consideration are shown on the accompanying
map, and the number of acres and proposed changes in land use
designations are summarized in the following list:
1
,.
CITY OF BOYNTON BEACH
DRAFT COMPREHENSIVE PLAN AMENDMENTS
FUTURE LAND USE MAP
Map Amend. Approx.
No. No. Acreaae
Current
Land Use
Desianation
1
*Commercial
High/3 and
Commercial
Recreation
49413.9
2
*Residential
a units
per acre
493
14.8
3
Low Density
Residential
473
20.1
4
471
1.1
Recreational
5
1.3
*Commercial
High/a
**
Proposed
Land Use
Desianation
ADDroximate Location
Local Retail Southwest Corner of -r
Commercial Boynton Beach Boulevard
and Knuth Road.
Local Retail
Commercial
Medium
Density
Residential
Moderate
Density
Residential
Local Retail
Commercial
South side of Boynton
Beach Boulevard,
between Post Office
and Stonehaven PUD.
Between the Lake Worth 1
Drainage District L-25
and L-26 Canals: west of
the Lakes of Tara PUD.
'Within Woolbright
Place PUD: 1,800 feet
north of Woolbright
Road.
Southwest corner of '
Old Boynton Road and
Winchester Park
Boulevard.
* County Designation - Annexation request has been made.
**(unnumbered) Mall Corner Restaurant
Evaluation
Amendment No. 494 is located on the southwest corner of
Boynton Beach Boulevard and Knuth Road. This property has
been proposed for annexation into the City. The current
County designations for the property are Commercial High/3 for
the northern third and Commercial-Recreation for the southern
two-thirds, while the proposed City designation is Local
Retail Commercial.
Amendment No. 493 is located on the south side of Boynton
Beach Boulevard, between the Post Office and the Stonehaven
PUD. This property is a county enclave which has been
proposed for annexation into the City. The current County
designation is Residential/a units per acre. The proposed
2
ci ty designation is Local Retail Commercial. Both of the
proposed changes in land use designation (amendments #493 and
#494) would allow additional retail commercial in the area.
The City of Boynton Beach adopted comprehensive plan indicates
that there may be up to 198 acres ot excess commercial land at
buildout. However, this figure may be reduced to a surplus of
only 30 acres when certain adjustments are taken into
consideration. The plan concludes that the supply of
commercial land in the Boynton Beach market area will be
sufficient to meet the demand. Since the southern two-thirds
of the property represented by Amendment No. 494 has been
designated as residential by the City in their plan for the
reserve annexation area and the County's Commercial-Recreation
designation would not allow office and retail commercial uses,
a change to Local Retail Commercial would increase the supply
of commercial land.
Amendment No. 473 is located between the Lake Worth Drainage
District Canals L-25 and L-26 and west of the Lakes of Tara
PUD. The proposed land use change would allow an increase in
residential density from 4.84 dwelling units per acre to 9.68
dwelling units per acre.
Development on these properties would be required to connect
to the City's central water and sewer lines; however,
sufficient water treatment capacity will not be available
until July 1991, according to the City of Boynton Beach
Utilities Department.
Traffic on portions of Boynton Beach Boulevard is projected to
exceed capacity and no improvements have been recommended.
Development on these properties should comply with the
Countywide Traffic Performance Standards to ensure consistency
with the Regional Plan.
Amendment No. 471 is located within the Woolright Place PUD.
The proposed land use change is the result of a settlement
agreement between the developer and the city. The parcel was
originally dedicated to the City as a public park site;
however, the park will be relocated to a 3.5-acre recreational
. parcel outside the PUD which will be dedicated to the City.
The Mall Corner Restaurant amendment is located at the
southwest corner of Old Boynton Road and Winchester Park
Boulevard. This property is being proposed for annexation
into the city; therefore, the proposed land use change is to
incorporate the property into the City's Future Land Use plan.
The change would not allow additional commercial wi thin the
City. In addition, water and sewer services are available to
the property.
3
staff has an objection to two of the above proposed Future
Land Use Map Amendments. In addition, staff has one objection
to a policy change in the Traffic Circulation Element.
Obiections. Recommendations for Modification. and Comments
Amendments No. 494 and No. 493
A. objection
1. Regional Goal 16.1.2 is to provide for a balanced, well-
planned, compatible mix of land uses which are
appropriately located, and Regional Policy 16.1.2.2
calls for Future Land Use Maps of government
comprehensive plans to be based upon surveys, studies,
and data regarding the amount of land required to
accommodate anticipated growth, the projected
population, the character of undeveloped land, the
availability of public services, the ability fo
government to provide adequate levels of service, and
the need for redevelopment. The need for additional
commercial land at these locations has not been
demonstrated by the city. The City's comprehensive plan
documents an existing over-allocation of commercial land
use.
Recommendation for Modification
1. Provide an analysis which demonstrates the need for
additional commercial land at these locations within in
the City of Boynton Beach. If such a need can be
documented, additional changes to the City plan may be
warranted.
Traffic Circulation Element
A. Obj ection
1. Modified Objective 2.1 allows for a lower level of
service to be maintained on several regional roadway
facilities than called for in Regional Policy 19.2.1.3.
Policy 19.2.1.3 states that the regional roadway network
shall be maintained at Level of Service (LOS) C or
better during annual average daily conditions and LOS D
during peak season, peak hour conditions. The City
proposes a "maintain" level of service on four specific
regional roadways within the city's jurisdiction. They
are: I-95 from Boynton Beach Boulevard to Woolbright
Road: Boynton Beach Boulevard from Old Boynton Road to
Congress Avenue: Congress Avenue from Boynton Beach
Boulevard to the south City limits: and Hypoluxo Road,
east of I-95. The city standard allows for LOS E to be
maintained on these facilities which is not consistent
with Regional Policy 19.2.1.3. If the City has
4
determined that lower levels of service are appropriate
in order to successfully implement other City goals
(i.e., redevelopment), then the City would need to
provide a complete rationale for the lower levels of
service, perhaps in conjunction with the submission of a
Downtown Development of Regional Impact.
Recommendation for MOdification
1. The City should adopt a level of service for all
regional roadways in its jurisdiction that is equal to
or better than Council's LOS C/O Policy 19.2.1.3. LOS C
shall be maintained during average annual daily traffic
condi tions, and LOS D shall be maintained during peak
season, peak hour conditions.
Recommendation
Council should adopt the comments outlined above and
their transmittal to the State Department of Community
in ful fillment of the requirements of Chapter 163,
Statutes.
approve
Affairs
Florida
Attachments
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10
MAL TEA H. KELLER ~., 11fC.
Consultill, (fI,'",,,.s . PJ6IfN!rS
ClJr,J Spr illp. FJor i tU
,
MAYOR
AI Merlon
VICE MAYOR
Patncla Weeks
COUNCIL
WIllIam Hanway
Carmel Sell
Ken Schultz
Ronald E. Young
PLANNING AND
ZONING BOARD
Harry Grett
(Chairman)
George Deltlinger
(Vice Chalrmanl
Carmine Bruno
Vello Kovalalnen
Joe. Cardinal
TOWN CLERK
Barbara L. Searls
BUILDING OFFICIAL
Dick Packard
TOWN ATTORNEYS
Manley Caldwell
Charles Schoech
Mary Viator
..
Telephone
(407) 582.0155
Town Hall
Olflce Hours
10 am. 2 p.m.
TOWN OF HYPOLUXO
Home of the Barefoot Mailman
7010 South U.S. Highway 1, Hypoluxo. Florida 33462-5493
c-r ,t-l.
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AUG .. 8
10'~1""
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August 6,
1990
.;, ~..
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....... 4
Mr. Terry Hess, AICP Plan~ing Coordinator
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Boulevard, P.O. Box 1529
Palm City, Florida 34990
Subject: Ci ty of E.oynton
Comprehensive Plan Documents.
Local
Government
Beach
Dear Mr. Hess,
Receipt of your letter dated July 25,
a c know I e dg e d .
1990 is hereby
Your giving us the opportunity to comment on the
Boynton Beach Comprehensive Plan Documents is greatly
appreciated.
Boynton Beach and Hypolu::o have been enjoying a rapport
for many years. We are pleased to inform you that we
continue to maintain our cooperative and harmonious
relationship with the Mayor, the Commissioners, the
ApPoirited Officials and their very fine staff.
The writer takes this opportunity to thank you for your
valuable assistance and understanding that you have given
the Town of Hypoluxo.
Sincerely,
(L( ):~.t~,).\
Al Merion
Mayor
cc.The Honorable Gene Moore, Mayor and Commissioners
AM:tem
11
r
Kilday" Anoclat..
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(4071 689-5522 · Fax: (4071 689-2592
-I":' .
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V'
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July 26, 1990
-.}. (~1"
\
)
Mr. George Gonzales
Boynton Beach Planning Department
100 E. Boynton Beach Boulevard
PO Box 310
Boynton Beach, Florida 33435-0310
Re: Mall Corner Restaurant, Corner of Winchester Park Boulevard
and Old Boynton Road - Our Project No. 799.7
Dear Mr. Gonzales,
In a recent phone conversation we discussed the Boynton Beach
Concurrency Ordinance and the possible exemption of the above noted
project from that ordinance. You noted that this project falls in
the E-3 development order category of the Concurrency Ordinance
which includes "Any land use amendment or rezoning petition, and
any land use category or zoning district, except for planned zoning
district and Development of Regional Impact applications." While
"E" category development orders are not exempt from the ordinance,
you did note that Section 19-81 paragraph (b) of the Concurrency
Ordinance states:
"The Palm Beach County Traffic Performance Standards Ordinance
shall supercede this Article in the case of all conflicts of
such Ordinance with this Article, including conflicts where
the Palm Beach County Traffic Performance Standards Ordinance
would be less restrictive than this Article."
This project falls within the definition for "site specific
development orders" as outlined in the 1990 Palm Beach County
Traffic Performance Standards Ordinance. The PBCTPSO provides for
exemption of projects filing applications for "site specific
development orders" prior to February 1, 1990. Therefore, this
project is eligible for exemption from the traffic portion of the
Concurrency Ordinance since the applications for this project were
submitted prior to the County's February 1, 1990 deadline.
Based on the above, we request that the Mall Corner Restaurant
project be included on the City's "previous approval list" to be
forwarded to the County requesting exemption from ~"~~.V.~c
Performance Standards Ordinance. ~\J~~ ~~:
M It 1990
'Utn-ij~N~ nEPT.
--.- .
If you have any questions or require any further information,
please don't hesitate to call.
Sincerely,
~? ---- ~~
. ~~~.:-~-- .~ r"/"--~-
Chuck Yannette
cc: James Golden, Senior City Planner
. .~';,;!E;~~
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399
Governor
THOMAS G. PELHAM
Secretary
BOB MARTINEZ
July 18, 1990
Mr. Timothy P. Canon
Interim Planning Director
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Canon:
Thank you for submitting copies of your proposed
comprehensive plan amendment(s) for our review. We have
conducted a preliminary inventory of the plan amendment package
pursuant to Rule 9J-ll.006, F.A.C., to verify the inclusion of
all required materials. Our reference number for this amendment
package is Boynton Beach 90-1.
The submission package appears to be complete, and your
proposed plan amendment will be reviewed in accordance with pro-
cedures contained in Chapter 9J-ll, F.A.C. Once the review is
underway, you may be asked to provide additional supporting docu-
mentation by the review team to ensure a thorough review.
If you have any questions, please contact Georgia Katz at
(904) 487-4545.
Sincerely,
RECEI'IED
R~ rL..~
RP/gkr
JUl 2~ 1990
PLANNiNG pEPT.
Robert Pennock, Chief
Bureau of Local Planning
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
CITY of
BOYNTON BEACH
~
\fIJ
DR1\FT
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach. Florida 33435-0310
14071 734.8111
OFFICE OF THE PLANNING DIRECTOR
July 10, 1990
Mr. Robert Pennock, Chief
Bureau of Local Planning
Division of Resource Planning and Management
state of Florida Dept. of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
RE: Transmittal of Proposed Local Government Comprehensive Plan
Amendment (Mall Corner, Inc.)
Dear Mr. Pennock:
Accompanying this memorandum you will find materials which are
related to a comprehensive Plan Amendment for the City of Boynton
Beach. This amendment, hereinafter referred to as Mall Corner,
Inc., was considered by the Planning and Zoning Board, sitting as
the Local Planning Agency, on June 12, 1990 and also by the City
Commission, at a public hearing which was held on June 19, 1990
after due public notice. The Boynton Beach City Commission 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 and
requirements for transmitting plan amendments, please be advised
of the following:
(l)(a)1.
The proposed month of adoption for this plan
amendment will be based upon the date of
completion of DCA's review within the 90 day
statutory review period. It is anticipated that
second reading of the ordinances to annex, amend
the future land use element/text and rezone will
occur within 60 days of receipt of comments from
your agency. Assuming that the documents and
information contained herein are sufficient, it is
anticipated that second reading of the appropriate
ordinances for this amendment will occur in
November or December of this year.
TO: Mr. Robert Pennock
-2-
July 10, 1990
(1)(a)2.
The proposed amendment is not in an area of
critical state concern.
(1)(a)3.
The proposed amendment is exempt from the
twice per calendar year limitation on the adoption
of Comprehensive Plan Amendments, pursuant to
Subsection 163.3187(1)(c), F.S. (small scale
development).
(1)(a)4.
The amendment is not proposed to be adopted under
a joint planning agreement.
(1)(a)5.
Contact person:
James J. Golden
Senior City Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
(407)738-7490
(1)(b)1&2.
Ten copies of the entire Comprehensive Plan are
included in the accompanying transmittal which
consists of eight amendments. Included in the
accompanying transmittal are ten copies of the
Future Land Use Map which address the information
for items (b)l and (b)2.
(1)(b)3.
(1)(b)4.
The size of the subject property is 1.34 acres.
A description of the availability and the demand
on public facilities can be found under the cover
sheets entitled "Sanitary Sewer and "Potable
Water", "Solid Waste", "Drainage", and "Traffic
Circulation" that accompany this transmittal.
(1)(b)5.
Information regarding the compatibility of the
proposed land use amendment with the land use
element objectives and policies can be found in
the staff report (Planning Department Memorandum
No. 90-116).
(l)(c)
The staff recommendation is contained within
Planning Department Memorandum No. 90-116. The
recommendation from the Planning and Zoning Board
is contained within Planning Department Memorandum
No. 90-128. The recommendation from the City
Commission is contained within the accompanying
draft approval letter.
TO: Mr. Robert Pennock
-3-
July 10, 1990
If you have any questions concerning this plan amendment, please
do not hesitate to contact Senior Planner James J. Golden.
Very truly yours,
CITY OF BOYNTON BEACH
~~~
TIMOTHY P. CANNON
Interim Planning Director
TPC:ccc
cc: Kieran Kilday
central File
C:CPLAmend
CITY of
BOYNTON BEACH
~
.
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
OFFICE OF '!HE PLANNIN3 DIRECIDR
June 18, 1990
Mr. Allan Ennis
Palm Beach County Traffic
Engineering Department
PO Box 2429
West Palm Beach, Fl 33402
RE: Mall Corner, Inc. Annexation
Dear Mr. Ennis:
Please be advised that the City staff found the applications for
the above to be complete as of the submittal date of January 30,
1990. The City considers any application which is sufficiently
complete to allow processing through the staff and various City
boards to be a complete application. In the case of the
above-mentioned application, the items listed in the letter to
the applicant, dated February 13, 1990, were minor in nature.
Since the City considers the application to have been complete as
of the submission date, the City will continue to process the
application, subject to the applicant demonstrating that the
roadway levels of service, as set forth in the City's
Comprehensive Plan, would be maintained, as well as applicable
levels of service in the unincorporated area. The provisions of
the City's Plan and Code Ordinances which were in effect at the
time these applications were submitted require that a traffic
impact analysis be submitted when property is rezoned, using the
methodology and standards utilized by Palm Beach County, but
subject to the levels of service set forth in the City's
Comprehensive Plan.
Enclosed you will find a copy of the applicant's traffic impact
analysis. Although the applicant submitted a traffic impact
analysis, Policy 2.6.1 of the City's Comprehensive Plan does not
require a traffic impact analysis for any development that
generates less than 3,000 trips per day or less than 250 trips in
the AM or PM peak hour. Because the city did not require a
traffic impact analysis for this request, a courtesy copy of the
traffic impact analysis was not submitted to your office.
TO: Mr. Allan Ennis
-2-
June 18, 1990
If you have any questions with regard to the above, please feel
free to contact me. The City appreciates your review and
comments regarding traffic studies. The Planning Department will
recommend that the approval of these applications be conditioned
upon maintaining the adopted levels of service within the City,
as well as the adopted levels of service in the unincorporated
area.
Very truly yours,
CITY OF BOYNTON BEACH
~~
P. CANNON
Planning Director
TPC:frb
cc: J. Scott Miller, City Manager
James Cherof, City Attorney
V. Finizio, Admin Coordinator of Engineering
:AEnnis
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.I
~~LICANT'S CERTIFI~ATION
(1) (we) affirm and certify that (X) (We) understand And. will.
comply with the provisions and re9ulations of Boynton Beaoh, 'Florida
Zoning code. (I) .(We) further certify that the above statements or
diagrams made on any paper or plans submitted herewith are true ,to the ,.
best'.o'f (my) (our) knowledqe and belief. Further (I) (We)
undarstand that this application, attachments, and fees become part of
the Official Records of Boynton Beach, Florida and are not returnable.
APPLICANT IS:
J
I
x
owner
Optionee
Lessee
~.~A.qent
Contract
Purchaser
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Mall corner, Inc. (~ch~el~A~.Scnroe~
TYPe Name of Applicant ~res1nen~)
:..
2255 Glades Road, suite 319 Atriwu..
Street Address
~oca Raton, FL 33431
City and sta.te
(407 h 241-0~OO
Telep one Number
KIlday It.. ACIatiM
lAndscape Archltec1a1 Planners
1661 Forum Pllce
Suite 100A
West Pllm Beech, FIorldl 33401
(407) 689-6622 · FIx: (407) 689-2692
JUSTIFICATION STATEMENT
FOR
MALL CORNER RESTAURANT
The petitioner is requesting the annexation of~
1.34 acres of property into the City of Boynton Beach.
This parcel of property is located immediately south of
the entrance to the Boynton Mall at the Southwest
Corner of the intersection of Old Boynton Road and
Winchester Boulevard.'The land use designation of the
property in Palm Beach County is Commercial High and in
Boynton Beach is Local Retail Commercial.
The Boynton Beach Comprehensive Plan indicates this
property to be located in Land Use Problems and
Opportunities Area 7.f. This section of the Plan
states:
"This area contains a number of parcels in an
unincorporated enclave, all of which should be annexed.
These parcels have unique characteristics, since there
are relatively few owners, the area is bounded by
collector and arterial roads, and the area is adjacent
to a regional mall and two community shopping centers.
Consequently, the City should encourage intensive
commercial development in this area. Particular
requirements of the City should be that these parcels
be annexed prior to development, (and) the parcels be
developed as plC\nned zoning districts ..."
This petition accomplishes all of these goals. This
property's unique location provides for an excellent
restaurant location as an appropriate secondary com-
mercial use to the Mall which is a regional attractor.
Due to this location factor the restaurant will serve a
good amount of passer-by traffic entering and exiting
the mall and have a minimal traffic impact. The pro-
posed use will be totally compatible with other sur-
rounding commercial retail uses.
;,
Since this property is under three (3) acres, it does
not meet the City's minimum area requirement for a
Planned Commercial District. However, the site plan
has been designed to meet the City's site planning
guidelines" for a Planned Commercial District.
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Kilday & AaOcl....
undscape Archltectsl Planners
1661 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689.6522 · Fax: /4071 689-2692
REQUIREMENTS G. & H.
MALL CORNER RESTAURANT
."
Items (g) and (h) of the Land Use Amendment/Rezoning
Application require a justification and a comparison of
impacts between existing zoning and proposed zoning. In this
case, the request of the petitioner is to bring the property
into conformity with the Comprehensive Plan of Boynton Beach.
Currently the property is zoned AR-Agricultural Residential
in Palm Beach County, a rural zone entirely inappropriate for
this property which is located at the center of an existing
urban commercial area. The application contained herein is
consistent with the current County Comprehensive Plan
designation of CH/8 (Commercial High) and the Boynton Beach
designation of Local Retail Commercial. The current zoning
would not allow any development on less than five acres in
size and then only a single family home would be permitted.
"
1,
The current zoning allows,for one dwelling unit per five
acres which would not allow a lot of lesser size. In
this case the proposed 1.34 acre lot size is consistent
with the Boynton Beach Zoning Code for C-3 Commercial
zoning. The proposed zoning and lot size can reasonably
accommodate a restaurant with excellent onsite
circulation. While this use is a permitted use within
the C-3 Zoning District, a specific plan of development
has been submitted tor the purpose of specifying the
proposed inte~sity of uses for this site.
~
2. The proposed use is a restaurant.
3. The owner is currently in negotiations to develop this
restaurant site. Construction is anticipated to begin
as soon as tinal site plan approval is granted and all
permits are received.
4. The potential square toota.ge which would be allowed
under the proposed C-3 Zoning District equals 7,000
square feet, as shown on the site plan which wag'
submitted as part of the ~pplication.
5. Employment projections: Based on the size ot the
subject restaurant it is estimated that approximately
fifty (50) employment opportunities will be provided.
TEL No.
Jun 17.90 22:47 P.Ol
)
BOard of Count)' Comml.,lonen
Carol J. Elmquist. Chairman
Karen T. Marcus. Viet:! Chair
Carol A. Ruhtrt~
Ron Howard
Carole Phillip~
County Adminlltrltor
Jan Wlntcra
Departme." or Planning. Z~l\inll " '..Ud'ni
,
~
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'ACSIKILE COVER BKEET
TO THE A'l'TENTIOJi' orl -:$'\""\ C:r.,.\ckN
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DATEs
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NUMBER O~ PAGES (INCLUDrNG COVER 8KBET)I~
COMMENTS: A ~~(\..;v ~ i-- ~i \~'''b ~~""
fl"'C<:L' ~....;c..\IU ...:.\' "oM ~;- o""~ ~~"'i'
ESljad FILB:J3/FACSIMLB
800 Uth Screet . WEST PALM BEACH. FLORIDA U40t1. (<601) 6'7-4001
palm Beach cou-nty comprehensive Plan Land thse Atlas
TEL No.
Jun 17.90 22:52 P.ll
June 12, 1990
James J. Golden, senior city Planner
city of Boynton Beach
100 East Boynton Beach Boulevard
P. o. Box 310
Boynton Beach, FL 33435-0310
Re: Request by Charlene Boynton, Donald LoWQ and the university
of Florida Foundation, Inc. for voluntary anneKation of
14.76 acres into the City of Boynton Beach.
Dear Mr. GOlden:
Th@. Planning I zoning and Building Dapartmcmt has coot'dinated the
review of the proposed annexation of 14.76 aoreB, generally
located on the South side of Boynton Beaoh Blvd. approximately
950 feet West of Conqress AvenuQ. county staff oomment5 are as
follows:
1. PLANNING QIVISION: st~vQn ~oralea, Planner
'fhe planning divi~ion has undergone a review of the proposed
ann~xation in aooordanoe with chapter 171, Florida Statues
and Palm 8'ilaoh CountY'3 Interim Annexation Review Policy.
ThQ pr~po~gd anneKation is conti9uoU5 to the city Of Boynton
Boach, roasonably compact, lSubstantially decreases the size
of an Q>ciat:ing service provision enclave, and lies within
the City's future annexation area. However, a small enclave
of land adjacent to the proposed annexation still exists.
Boynton Beaoh should contact the property owners in the
enolave ond cnnex this property as sOOn as possible.
The land U~e proposed cor ~he site 18 in conflict with the
Palm Deach County Comprehensive Plan Land Use Atlas
"
TEL No,
Jun 17,90 22:47 P.02
I
Page 2 of 4
June 12, 1990
designation. The 1989 comprehensive Plan designates this
property as High Residential 8 allowing a maximum ot 8
dwelling units per one acre. The proposed land use for the
site is planned commercial Development. Please be advised
that upon annexation the property is subject to County
development re~ulations until the property is rezoned by the
city (171.062, F.S.).
2. ENVIRONMENTAL RESOURCES MANAGEMENT % Rob Kraus, Environmen-
tal Analys;t
'l'ha majority of the site apPQars to ba vegetated by exotic
&peci$~ including Malaleuca, Brazilian Pepper and Australian
PinQIiI. WQtlands ;lxi&t on-site particularly in the north"ast
corner of tho sit9. culvert~ were observed along Boynton
.B.aach Blvd., which disoharse stonnwater from the road onto
t.he property. Should any development be proposed for this
property, a wetlands jurlsdiotional dete~lnination will be
required by this Department. The site is not located within
a Wellfield Protection Zone.
3. FIRE-RESC~. Rathy owens, special projects coordinator
Al though t.here will be a 1058 o! revenue to Palm Beach
county Fire Rescue, as a result ot this annexation, the
residents will receive better service l' annexe~. Boynton's
station #2 is 1.8 miles away trom this area as compareo to
Palm Beach county which is 3 miles away. A~dlt1onally, th1s
annexation WOUld remove a county pocket and alleviate
problems of contusion in service providers.
4.
SHERI FF ' S DEPARTMEN'r:
Planner
Diana Newcomer, Criminal Justice
Annexation of this vacant parcel decreases significantly the
existing pocket. However, inClusion of this parcel into the
city creates an enclave of the industrial area located on
the southeast side. The only access available to the
Sheriff'S office to provide service is through the city of
Boynton Beach on 31 Terrace S. This can result in potential
hazards for either city or county emergency responding
vehicles.
The Palm Beach Sheriff'S Office recommends the City of
Boynton Beach pursue alternatives that eliminate potential
hazards for law enforcement.
It:.L NO.
Jun l(,YU ll:~~ ~.Uj
,
Page 3 or 4
June 12, 1990
5.
TRArFI~ ~NG1N~E~ING: Allan Ennis, Development Review
Eng l1eer
since the application for a city development order was not
complete prior to February I, 1990 (based on our reading of
city correspondence to applicant), this project is considered
to be subject to 1990 countywide Traffic performance stan-
dards (County Ordinance 90-6 and 90-7).
To Comply with these county ordinances, new traffi.c reports
need to be submitted by the applicant to your office as well
as our office for review.
If the Qutparcels on each of the shoppinQ center site plans
will be specifically limited to restaurant and financial
institution use, their trip generation should be separately
calculat~d at the hiqher rates that are representative of
the~e land u~es rather than included as part of the general
retail conll1\ercial arlil2\.
UndB):" t~&t. #1 of the new countywido Traffic: standard (which
is comparable to the previous unincorporated area standard-
county Ordinance 87-1~) I significant project traffic ",'ould
occur on two links of Boynton B~aoh BOulGvard that are
projeoted to eKoeed their exlstin9 and com~itted oapaoities.
No improvemente are reoommended for either of theee two
link~ (Military Trail to El Claire Ranch Road and Old Boynton
Road to Interstate 95). without so~e oommitment from theee
developers to improve these two links the traffic standard
16 violated.
6.
UTIL,ITIE5 :
Division
LOrraine peterson, civil Engineer, ~ngineerin9
110 cornttlents not in liUD'S service area.
7. fINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Rlcnara
Roberts, Assistant Director
The proposed annexation results in the loss of ad valorem
taxes of $1,527 as the above city does not participate in
Fire Rescue MSTU #3 and the Library Taxin9 District. No
estimate can be made as to the dollar value of the fJ~rvic~s
that are no longer provided by the county. In additlon,
certain revenue sources, i.e., utility service t~x,
franchise fees, sales tax and state shared revenues may be
marginally reduced but cannot be estimated trom available
information. Therefore, the overall fiscal impact cannot be
determined.
PLANNING DEPT. MEMORANDUM NO. 90-199
TO: J. Scott Miller, City Manager
THRU:
Timothy P. Cannon, Interim Planning Director ~
FROM: James J. Golden, Senior City Planner
DATE: June 18, 1990
SUBJECT: Mall Corner, Inc., Boynton Beach Boulevard PCD and
Knuth Road PCD - Requests for Annexation, Land Use
Element Amendment and Rezoning
Attached you will find a copy of the correspondence from Palm
Beach County concerning the above-referenced requests. Said
correspondence should be included in the City Commission agenda
packet for the Boynton Beach Boulevard and Knuth Road PCD
requests.
~. f );l9JL
ES!J. GOLDEN
JJG:frb
Enc
cc: Central File
I t:.L I'IU.
Jun l(,~U LL;Q~ ~.U4
,.
page 4 of 4
June 12, 1990
Thank you for the opportunity to review and respond to these
actions. Please include these oomments with your backup materials
for all meetings and hearings where this annexation is discussed.
The Planninq Division would appreciate it if you could please
provide this office with final annexation ord1nanoes so staff oan
adjust the County's maps accordingly. Feel tree to contact this
office if you have any questions.
sincerely,
D&nniB R. Foltz, AICP
Plannin9 Oirec~or
Attachment
OCt Board of County CommissionQr~
Bob Weisman, Administration
Lee Rosenthal, County AttornGY'~ Office
Donna Kri5taponis, planning, Zoning and Building
Bob }{ro U15 , ERM
Kathy Owen5, Fire/Rescue
Diana Newcomer, Sheriff's Deportment
Allan Ennis, Traffic Engineering Div11510n
Lorraine Peterson, water utilities
R1chard Roberts, OFMB
Keith Stahley, zoning Division
Rlcnard ~. Morley, Planning Division
Anita Gonzalez, Planning 01vls1on
Steve Morales, Planning Divis10n
FILE:ANNEX2/ANNXBB.RS6
I!:.L I'IU.
Jun l(,~U LL;~~ ~,U~
iI' . I_
Bo.wet of Count)' Commis.ionc.'s
L'tlTlIl J. nIlHlni:.a. c.:halrltl,IJl
KMI'Il T. M,H('Il". Vit'" Ch,lir
C.uol /\. Rulll'll \
l~ol1 II o\\'Mtl
Clrole Phillip~
County Arlmlnl.t".lor
Jan Wlllltts
Department or PlannIng. Zoning & Building
...~?"'W"'-....-..-
. .
-1 I
June 12, 1990
James J. Golden, Senior City Planner
City ot Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, FL 33435-0310
Re: ReqUQst by the Winchester family for voluntary annexation
of 13.B7 acres into the City of Boynton Beach.
Dear. Hr Golden:
ThB Planning I zoning and Building Department. has ooordinated
the review of the proposed anne)(ation of 13.87 acres, g~neral-
ly located at the southwest corner of Knuth Road and Bol'nton
Beach Boulevard. County staff comments are as follot/1S:
1. ~LANNIHG nIVISION: steven MoralQs, PlannQr
The planninq Division has undergonQ a roview of the
proposed annexation in accordanco with Chapter 171,
Florida statutes and Palm Beach County'a Interim
Annexation Review Policy. The proposed annexation is
contiguous to the City of Boynton Beach, reasonably
compact, and lies within tho city'c future annexation
area.
The lanu U510lii propo~..d for the eite is in conflict with
the Pal~ Beach county Comprehen~ive Plan L~nd U5e Atlas
designacion enclo~ad. The 1989 comprehensive Plan
designate& the Northern h~lf of the p~operty as
commarcial Hiqh Ineeneity and the Southern hall as
800 Ihh Street. WEST pALM lll:ACII, nORmA 33406. (407) 697-4001
f'i> 1""'""(/ (m '/!l:~c/('c1 Pi/PC'
TEL No.
Jun 17.90 22:50 P.06
..
Ptlge 2 of "
June 12, 1990
Commerci~l Recreation. commercial Recreation provldas
for outdoor and indoor recreational racl11t1es, golf
courses, parks and recreation, limit.eel excavation, and
accessory tacl11t.les anel activi~ies that are an integral
part and supportive or the recreatlonal racl11ty. The
proposed use 1s Planned commercial Development. Please
be advised that upon annexation the property is subject
to county development regulations until the property is
rezonea by the city (171.062, F.S.).
2.
ENVIRONMENTAL RESOURCES MANAGEMENT:
Environmental Analyst
The property has been cleared of significant vegetation
wi th the exception of soattered slash pine along the
western half of the' property. 'rhe site is not located
within a wellfield Protection Zone. Scattered piles of
rubble were noted, apparently the remnants of former
buildings.
Bob Kraus,
3. F1RE-BESCUE: Kathy Owens, Special Projects Coordinator
This area is currently being provided fire rescue service
from Falm Beach County Fire Rescue station 51 which is
2.8 miles away. It annexed, Boynton Beach would serve
the area from its station #2, approximately 2 miles
away. As the area is contiguous to Boynton, we
anticipate few operational problems. There will be,
however, a loss of revenue to palm Beach County Fire
Rescue.
4.
SHERIFF'S DEp~Rt~ENT:
Planner
Diana Newcomer, Criminal Justice
Annexation of this vacant parcel will not hinder servicQ
levels for the Palm Beach Sheriff's Office to ~urroundin9
unincorporated areas, nor for the City ot Boynton Beach.
The Shariff's Office does not find i~sue with this
request. '
5. ~RAFFIC ENGINEE~: Allan Ennis, DQvelopment Review
En9:1..nGGr
SincQ thQ application for a oity development order Wft3
not comp1Qb~ prior to February 1, 1990 (based on our
r$adin~ of oity correspondenoe to applicant), this
projQot is oonsidered to be subjeot to 1990 Co~ntlwide
Traffio Performance Standards (county Ordinance 90-6 and
90-7).
It.L NO.
Jun 1?,90 22:50 P.07
,
PagCi'l 3 of 4
June 12, 1990
To Comply with these County Ordinances, new traff1c
reporta need 1:0 be l5ubmi tted by the applicant to your
office as well as our office tor review.
If the outparoe15 on each or the shopp1ng center site
plans will be epeci;[ically limited to restaurant and
financial institution use, their trip generation should
be separately calculated at the h19her rates that are
representntive ot these land uses ratner than 1ncluded
a5 part of the general retail commercial area.
Under test #1 or t.ne new countywide Traffic Standard
(which 1s comparable to the prev10UB unincorporated area
s.tandara - county Ordinance B7-l8), siqnlficant project
traffic WOUld occur on two links or Boynton aeach
:Boulevard that are projected to exceed their existing
al"1o committed capaci't.1es. NO improvements are recom-
mended tor el~ner or Chese two links (Military Trail to
~l claire Ranch Road ana Old Boynton Road to Interstate
9~). without some commitment trom these developers to
improve 't.hese two linkS the traffic standard is violated.
6. UTILITIES: Lorra ine peterson, Ci v i 1 Engineer,
Engineering Division
No comment - Not in WUO's Service Area
7.
1:INANCIAJJ MANAGEMENT AND BUDGE'!' DEPARTMENT:
Roberts, Assistant Director
The proposed annexation results in the loss of ad valorem
taxes of $23.00 as the above city does not participate
in Fire Rescue MSTU #3 and the Library
TaKing District. No estimate can be made as to the
dollar value of the services that are no lonqer prcvided
by the count~. In addition certain revenue sources,
i.e., utility service tax, franchise fees, sales tax and
state shared revenues may be marqinally redUced but
cannot be estimated from available information. Th@re-
tore, the overall fiscal impact cannot be determin~d.
Richard
Thank you for the opportunity to review and rAspond to thGSQ
actions. Please include these comments with your backup
Il:.L NO.
Jun !(,~U LL;~l ~.U~
.
Page 4 of 4
.:rune 12, 1990
materials for all meetings and hearinqc ~here thig annexation
1s discussed. The Planninq Division would appreoiate it if
you could please providQ this offico with final annexation
ordinances so staff Oan adjust the county'. mapa aooordinqly.
Feel free to contact tbi9 offioQ if you havo any questions.
Sincerely,
DQ~AICP
Plannin9 D~~;~iLr
At.taohment
001 Board of Countr Comm18sioners
Sob We!eman, Adminietration
Lee RO$enth~l, County Attorney's Office
Donna Krletaponis, Planning, zoning ana Building
Sob Krous, EM
K~thy Owens, Flre/Re5cue
Diana N.wcomer, SheritC's Department
Allan Enni8, Trattic Eng1neerin9 01v1s1on
Lorraine Peterson, water Utilities
Richard Roberts, OFM8
Keith stahley, zoning Division
Richard ~. Morley, Planning Dlvislon
Anita Gon2alez, Planning Division
steve Morales, Planning Division
FILE: ANNEX2/ANNXaa.R57
TEL No.
Jun 17.90 22:51 P.09
Duilr41 ur Cuunt)' Cummllllltlionc"1Il
Count)' A.dmlnl.tr..tol'
J,)I\ WllIlcrli
C.unl J. H1ll11111:o1, Ch"irl\\.ll\
J..:olrt'll '1'. MMl.t1:-. Viu~ Chclit
l'.lml A. Hohl'rt.;
Ron Ilu\\',ud
C;,rnh~ Phillip..
Department nr Planning, Zoning & BulleUn"
June 12, 1990
James J. Golden, Senior city Planner
City of Boynton Beach
100 East Boynton Beach Boulevard
post Orrice Box 310
Boynton Beach, FL 33435-0310.
Re: Request bj' Mall corner, Inc. tor voluntary annexation of
1.34 acres into the City of Boynton Beach.
Dear Mr. Golden;
The planning, zoning and auilding Department has coordinated the
review of the proposed annexation of 1.34 acres, generally located
at the southwest corner of old Boynton Road and Mall }toad.
County statr comments are as tollows:
1. PLANNING DIV~IQN: steven Morales, Planner
The Planning Division has undergone a review of the proposed
annexation and finds it in compliance with Chapter 171,
Florida statutes and Palm Beach County's Interim Anne~ation
Review POlicy. Annexation of this parcel reduces the size
of an existinq unincorporated enclave area ~ is contiguous
to the City's current boundaries, and is located within the
City's future anne~ation area.
2. ~VIRONMENTAL RESOU~CES ~NAGEMENT: Bob Kraus, Environmen-
t.al Analyst
~hi~ property appears to have been recently clearea of all
vQgQtation. A~ above-ground tank wa~ noted on the property.
This site is not Iooated within a Wol1field Protection Zone.
3. FIRE-RESCUE: Kathy Owens, Speoial Projects Coordinator
This proposed annexation will remove a County pooket inside
Boynton Beaoh and will be oloser to Boynton's Fire Station
.2 by one mile. Although Palm Beaoh county Fire Reeoue will
lose revenue from thie annexation, operationally it makee
good planning sense.
800 Bth Street. WEST PAUl BEACH. FLORIDA J)406. (407) 6"-4001
rr~ n"nll~rI fV1I1U:.,,~ '~rl n.")/~'
TEL No.
Jun 17.90 22:52 P.10
paoe 2 of 3
June 12, 1990
4.
SHER~FF'S DEP~~TMENT!
Planner
Diana Newcomer, criminal Justioe
Ann.~ation o~ this vacant parcel will not craato an immediata
service problem tor the Sheriff's orrico. AC the parcel ic
bounded on the north by Old Boynton Road (city) and
Winchester Boulevard to the west (oounty), oity patrol and
emergency response is not hindered. we aro notin9, however,
that this reque.t augmonts already serpentine boundaries of
the oounty pocket.
The sheriff's Offioe oonoern iCll with future development.
The entire area between Old Boynton Road, Conqres5 Avenue,
New Boynt.on west Road and Knuth Rood is a mixed service5
area, wit.h the majority of the land mase belnq vacant ami
oounty patrolled. . If ~ore pocket$ are identified for
anneKation (auch a8 thi8 request), the boundaries of this
area will beoome even more serpentine. Service provision to
a mixed services elre~ croCltes confusion for re~idents a.nd
law entorcenent, and potential hazards for emergenoy
re8pond!ns uni~$.
wo would enoourage ~he city of Doynton 8each to adopt
propo~als that elimin~te mixed services areas ana potential
ha~Qrd5.
,. TRAF~IC ~NGINEERING: Allan Ennis, oevelopment Review
Ein<;Jineer
since tne application ror a city development order was not
conplete prior to February 1, l~90 (based on our reading ot
city correspondence to applicant), th1s project 1s oonsidered
to be SUbject to 1~90 countywide Trarric pertormance Stan-
dards (county ordinance 90-6 and 90-7).
To Comply with these County ordinances, new traffic reports
need to be submitted by the applicant to your office as well
as our office for review.
If the outparcels on each of the shoppinq center site plans
will be specifically limited to restaurant and financial
institution use, their trip generation should be separately
calculated at the higher rates that are representative or
these land uses rather than included as part of the general
retail commerbial area.
Under test ~l or the new Countywide Traffic Standard (which
is comparable to the previous unincorporated area standard
County Ordinance 87-18), significant project traffic would
occur on two links of Boynton Beach Boulevard that are
projected to exoeed their existing and committed capacities.
No improvements are recommended for either of these two
links (Military Trail to El Claire Ranch Road and Old Boynton
Road to Interstate 9~). without some commitment from these
developers to improve these two links the traffic standard
is violated.
FILE: ANNEX2/ANNX88. RS3
I
,
I
!
1
I
,
,
I
~
ItL NO.
Jun 1(,90 ~2:~~ r.l~
Page 3 ot 3
June 12, 1990
6.
UTILITIES:
Division
Lorraine Peterson. Civil Enqine.r, Engineering
~o co~ment - Not in WUO's Servioe Area
7. FINANCIAL MANAGEMENt' AND BUDGE~ DEPARTMENT: 'Richard
Roberts, Assistant Director
The proposed annexation rasul ts in the lOQ~ of ad valcrem
taxes of $867.00 as the above city do.~ not par~icipatc in
Fire Rescue MSTU #3 and thQ. Library Taxing District. No
estimate can be made as to the dollar value of the services
that are no lcnO'er provided by t:.hG county. In tlddltion
certain revenue sourOQQ, i.e., ut:.ility servioe t:.a~1 fronehise
fees, sales tax and state shared revenues may be mar9in~11y
reduced but cannot be osti~at:.od from available information.
Therefore, the ovsrall fiscal i~pact oannot be determined.
Thank you for the opportunity t.o rev i.ev o.nd reC!lpond to these
actions. Please inolude thoSG eommQnts with your bo.ckup mater181s
for all meetinqs and hearings whero this annexation is discusse~.
The Planninq Division would apprQoiat:.e it. if you could please
provide this office with final annexation ordinAnces 50 statf can
adjust the County's mapp aooordin91y. Feel tree to contact this
office if you have any quoctions.
Sincerely,
At:t:ac:hment.
ce: Board of County commissioners
Bob Weismo.n, Administr~tion
~$e Rosenthal, county Attorney's ottice
Donna Krlstoponis, Pl~nnin91 zoning anO Building
Bob Kraus, ERM
Kathy Owens, Fire/Rescue
Diana Newcomer, 5her1rr's oepartment
Allan Ennis, Trattlc Engineering Division
Lorraine peterson, water Ut11it1es
Richard ~oberts, OYMB
Keith Stahley, ~on1ng Divis10n
~ichard F. Morley, Planning Division
Anita GonZalez, Plann1ng Oivision
steven Morales, Planning Division
~I~:ANNEX2/ANNXBB.RS3
Board of County Commissioners
County Administrator
Jan Winters
Carol J, Elmquist, Chairman
Karen T. Marcus, Vice Chair
Carol !\. Roberts
Ron Howard
Carole Phillips
Department of Planning, Zoning & Building
James J. Golden, Senior City Planner
City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, FL 33435-0310
RECEIVED
J.UN 20 199r
I ,PLANNING DE"i.
-
June 12, 1990
----
Re: Request by Mall Corner, Inc. for voluntary annexation of
1.34 acres into the City of Boynton Beach.
Dear Mr. Golden:
..
The Planning, Zoning and Building Department has coordinated the
review of the proposed annexation of 1.34 acres, generally located
at the southwest corner of old Boynton Road and Mall Road.
County staff comments are as follows:
1. PLANNING DIVISION: Steven Morales, Planner
The Planning Division has undergone a review of the proposed
annexation and finds it in compliance with Chapter 171,
Florida Statutes and Palm Beach County's Interim Annexation
Review Policy. Annexation of this parcel reduces the size
of an existing unincorporated enclave area, is contiguous
to the City's current boundaries, and is located within the
City's future annexation area.
2.
ENVIRONMENTAL RESOURCES MANAGEMENT:
tal Analyst
Bob Kraus, Environmen-
This property appears to have been recently cleared of all
vegetation. An above-ground tank was noted on the property.
This site is not located within a Wellfield Protection Zone.
3. FIRE-RESCUE: Kathy Owens, special Projects Coordinator
This proposed annexation will remove a County pocket inside
Boynton Beach and will be closer to Boynton's Fire Station
#2 by one mile. Although Palm Beach County Fire Rescue will
lose revenue from this annexation, operationally it makes
good planning sense.
800 13th Street. WEST PALM BEACH, FLORIDA 33406. (407) 697-4001
@ prinred on recycled paper
Page 2 of 3
June 12, 1990
4.
SHERIFF'S DEPARTMENT:
Planner
Diana Newcomer, Criminal Justice
Annexation of this vacant parcel will not create an immediate
service problem for the Sheriff's Office. As the parcel is
bounded on the north by Old Boynton Road (city) and
Winchester Boulevard to the West (county), city patrol and
emergency response is not hindered. We are noting, however,
that this request augments already serpentine boundaries of
the county pocket.
The Sheriff's Office concern is with future development.
The entire area between Old Boynton Road, Congress Avenue,
New Boynton West Road and Knuth Road is a mixed services
area, with the majority of the land mass being vacant and
county patrolled. If more pockets are identified for
annexation (such as this request), the boundaries of this
area will become even more serpentine. Service provision to
a mixed services area creates confusion for residents and
law enforcement, and potential hazards for emergency
responding units.
We would encourage the City of Boynton Beach to adopt
proposals that eliminate mixed services areas and potential
hazards.
5. TRAFFIC ENGINEERING: Allan Ennis, Development Review
Engineer
Since the application for a city development order was not
complete prior to February 1, 1990 (based on our reading of
city correspondence to applicant), this project is considered
to be subject to 1990 countywide Traffic Performance Stan-
dards (County Ordinance 90-6 and 90-7).
To Comply with these County Ordinances, new traffic reports
need to be submitted by the applicant to your office as well
as our office for review.
If the cutparcels on each of the shopping center site plans
will be specifically limited to restaurant and financial
institution use, their trip generation should be separately
calculated at the higher rates that are representative of
these land uses rather than included as part of the general
retail commercial area.
Under test #1 of the new countywide Traffic standard (which
is comparable to the previous unincorporated area standard
County Ordinance 87-18), significant project traffic would
occur on two links of Boynton Beach Boulevard that are
projected to exceed their existing and committed capacities.
No improvements are recommended for ei ther of these two
links (Military Trail to El Claire Ranch Road and Old Boynton
Road to Interstate 95). without some commitment from these
developers to improve these two links the traffic standard
is violated.
Page 3 of 3
June 12, 1990
6.
UTILITIES:
Division
Lorraine Peterson, civil Engineer, Engineering
No comment - Not in WOD's Service Area
7. FINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Richard
Roberts, Assistant Director
The proposed annexation results in the loss of ad valorem
taxes of $867.00 as the above city does not participate in
Fire Rescue MSTU #3 and the Library Taxing District. No
estimate can be made as to the dollar value of the services
that are no longer provided by the county. In addition
certain revenue sources, i.e., utility service tax, franchise
fees, sales tax and state shared revenues may be marginally
reduced but cannot be estimated from available information.
Therefore, the overall fiscal impact cannot be determined.
Thank you for the opportunity to review and respond to these
actions. Please include these comments with your backup materials
for all meetings and hearings where this annexation is discussed.
The Planning Division would appreciate it if you could please
provide this office with final annexation ordinances so staff can
adjust the County's maps accordingly. Feel free to contact this
office if you have any questions.
Sincerely,
Attachment
cc: Board of County Commissioners
Bob Weisman, Administration
Lee Rosenthal, County Attorney's Office
Donna Kristaponis, Planning, Zoning and Building
Bob Kraus, ERM
Kathy Owens, Fire/Rescue
Diana Newcomer, Sheriff's Department
Allan Ennis, Traffic Engineering Division
Lorraine Peterson, Water utilities
Richard Roberts, OFMB
Keith Stahley, zoning Division
Richard F. Morley, Planning Division
Anita Gonzalez, Planning Division
Steven Morales, Planning Division
FILE:ANNEX2/ANNXBB.RS3
CITY of
BOYNTON BEACH
.~.....;"
\WI
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(407) 734.8111
OFFICE OF THE PLANNING DIRECTOR
April 16, 1990
Mr. Dennis R. Foltz, A.I.C.P.
Planning Director
Palm Beach County
800 13th Street, P.B.I.A.
West Palm Beach, FL 33406
RE: Notification of Annexation Applications
Dear Mr. Foltz:
Enclosed you will find a copy of the application, site plan and
related documentation for the following annexation applications:
1) Mall Corner Restaurant
2) Retail/Oil-Lube
3) Service Station
4) Boynton Beach Boulevard PCD
5) Knuth Road PCD
In addition to the above, there are two more annexation
applications pending which have not been forwarded to our City
Clerk for advertising at the request of the applicant. One of
these applications includes application no. 3 above and a
portion of application no. 2. If the applicant decides to
proceed with these applications, application no. 3 would be
withdrawn and application no. 2 would be modified accordingly. I
will notify you concerning the status of these additional
applications when a decision has been made. Applications no. 1,
2 and 3 are scheduled for public hearings on May 8 and May 15,
1990. Applications no. 3 and 4 are scheduled for public hearings
on June 12 and 19, 1990.
Mr. Dennis R. Foltz
- 2 -
April 16, 1990
Please provide our office with your comments prior to the
scheduled public hearing dates.
Very truly yours,
CITY OF BOYNTON BEACH
~~/ 1- ~AL
u /
JAMES S. GOLDEN
Senior City Planner
JJG:cp
cc: Interim Planning Director
Central File
Encls.
MEMORANDUM
TO: Sue Kruse, City Clerk
FROM: James J. Golden, Senior City Planner
DATE: March 23, 1990
SUBJECT: Three Applications for Annexation, Land Use Element
Amendment and Rezoning Submitted by Kilday &
Associates, Inc.
Accompanying this memorandum you will find a copy of the above
referenced applications for the following:
1. Service Station
2. Mall Corner Restaurant
3. Retail/Oil-Lube
The above applications are below the threshold for the twice a
year limitation on Comprehensive Plan amendments and do not
require a map advertisement. The annexations will be advertised
for four consecutive weeks prior to second reading of the
ordinances to amend the Future Land Use and Rezone. The
application fees for these applications have been forwarded to
the Finance Department.
Please advertise the land use element and rezoning requests for a
pUblic hearing before the Planning and Zoning Board at the May 8,
1990 meeting and before the City Commission at the May 15, 1990
meeting.
J
/. /p;r-~fL
GOLDEN
JJG:frb
Encs
CITY of
BOYNTON BEACH
~
~
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(407) 734.8111
OFFICE OF THE PLANNING DIRECTOR
March 23, 1990
Kilday & Associates
Attn: Mr. Kieran J. Kilday
1551 Forum Place, Bldg. 100A
West Palm Beach, Fl 33401
RE: Applications for Annexation, Land Use Element Amendment and
Rezoning Submitted on January 30, 1990
Dear Mr. Kilday:
Please be advised that the City Manager has directed the Planning
Department to process the three applications which are under
three acres (Service Station, Mall Corner Restaurant and
Retail/Oil-Lube) for public hearings in May, 1990. As previously
noted on page eight of our February 13, 1990 correspondence, you
will be required to submit to the Planning Department, prior to
transmittal to DCA, a description of the availability of and
demand on public facilities pursuant to 9J-11.006 (1)(b)4 of the
Florida Administrative Code. This information is required for
all applications approved for transmittal by the City Commission
after adoption of the Comprehensive Plan (Chapter 163.3187(1)(c)3
of the Florida Statutes).
In addition to the above, on Tuesday, March 20, 1990, the City
Commission approved a recommendation from the Planning Department
that applicants be billed for traffic impact analyses that
require review by the City's traffic consultant. This
recommendation was made due to the depletion of the Planning
Department's budget for these reviews and the impact of the
recently adopted Municipal Implementation Ordinance by Palm Beach
County. The two applications for rezoning to PCD which generate
over 3,000 net trips per day are affected by this policy and will
require review by the City's traffic consultant.
TO: Kilday & Associates
-2-
March 23, 1990
If you have any questions concerning the above, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
r~-L<- I
I /
v ,
JAMES J. GOLDEN
Senior City Planner
1
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/' ':''''~<''~-
JJG:frb
cc:
Timothy P. Cannon
Tambri J. Heyden
Central File
Klldey It A..oelete.
landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(4071 689-5522 · Fax: (4071 689-2592
......',
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February 26, 1990
J. Scott Miller
Boynton Beach City Manager
PO Box 310
Boynton Beach, FL 33425-0310
Re: Attached memo from James J. Golden,
S~nior City Planner
Dear Mr. Miller,
Today I was somewhat dismayed to received a copy of the
attached memo regarding six annexation requests my
office submitted to the City of Boynton Beach. As we
discussed in the meeting held with you last week, these
applications represent the annexation of a significant
area within the planned expansion area of the City.
Previously, similar applications had been made and then
subsequently withdrawn for a portion of the sites. It
is my belief that the City of Boynton Beach should
annex these properties (as indicated in your own Com-
prehensive Plan) and that the ultimate use of and rev-
enue created by these properties will be of benefit to
the city.
Therefore, I am chagrined to see the word ."incomplete"
occur on the second line of the attached memo. This
term is extremely important in assessing the applica-
tion of traffic performance standards to these individ-
ual parcels. In adopting the Palm Beach County Traffic
Performance Standards Municipal Implementation Ordi-
nance, the term " Complete Application" is descr ibed~ a.~ If I; 1i V l'7D
.h. )".'...1 . _,):.J. ..tJ
MAR 1 1990
PLANNING DEPT.
,.
""'--
Scott Miller
Golden Memo
February 26, 1990
Page 2 of 4
"An application filed with the municipality which
satisfied the ~ppIication requirements of state
law; all agencies; and the relevant land develop-
ment regulations, the general rates and policies
adopted, and the customary general practices of
the municipality." . .
Applications submitted to the municipality prior to
February 1, 1990 would continue to be reviewed accord-
ing to the traffic regulations in effect in the munici-
palities. For that reason, all six of the applications
were submitted on January 31, 1990.
The letter to my office of February 13, 1990 which is
referenced and attached to the memo in no place util-
ized the term "incomplete". My office interpreted
this letter as the normal review which takes place upon
any application submitted to the City and we deemed it
to be "the customary general practice of the municipal-
ity". ~We did not deem it to be a statement that the
applications were "incomplete". In fact, many of the
items requested in this application had already been
submitted on January 31, 1990, and should not have been
referenced therein. In any event, a reply letter was
prepared by me on February 26, 1990. This letter indi-
cated which items had previously been submitted, al-
though copies of the items were attached again in the
event they were misplaced. My recent letter was pre-
pared according to the normal sequence of application
submittal and review and update.
I am writing you at this time to make sure that the
City makes a determination of "complete application"
strictly in accordance with the definition provided
in the Ordinance. I feel assured that utilizing the
normal City criteria, it will be agreed that complete
applications were presented to the city on January 31,
1990.
Because I know Palm Beach County has taken a critical
interest in this matter and talked to the Planning
Department several times and that the City Planning De-
partment has provided the County Engineer with a copy
of their February 13th letter, I should clarify the
Scott Miller
Golden Memo
February 26, 1990
Page 3 of 4
following fact~ The application for the annexation of
49 acres of propetty~designated commercial on both the
Palm Beach County's and the City's Comprehensive Plan
will, in fact, have to meet the new county wide Traffic
Performance Ordinance. No development plan was submit-
ted at the time of this submittal and it is the under-
standing of the owner, Mr. Bill Winchester, that any
future development will have to meet the Traffic Ordi-
nance in place at such time an application is made.
This application was not intended to meet any special
deadline but was the result of a recognition that the
property belongs in the City of Boynton Beach and
should be planned and developed under the City's Muni-
cipal Ordinances. Additionally, Mr. Winchester fully
understands and intends to comply with the stipulation
in the text of the Comprehensive Plan which indicates
that this property "should" develop as a Planned Comm-
ercial District. Mr. Winchester has indicated that
such a stipulation could be made a condition of the
annexa~ion approval providing further safeguards that
the property will not develop except in accordance with
whatever traffic standards are in effect at the time
the application is received and that the property will
not develop without a proper determination as to
whether a development of regional impact is being
requested.
Finally, the planning staff and I have not been able to
agree on whether a text amendment is in fact necessary
for the three annexation parcels which are less than
three (3) acres in size. These parcels do not meet the
minimum size for a Planned Commercial Development and
therefore cannot request the same. As I indicated in
my January 31, 1990 cover letter to the Planning De-
partment, I believe the word "should" as opposed to
"shall" provides discretion to the City Council. I
suggested to staff that the matter be discussed by the
City Council at the same time as any discussion regard-
ing "binding letters" regarding the Development of Re-
gional Impact issue. At that time I will make myself
available to explain the distinctions contained in the
Code and the reason why these three parcels should be
entitled to proceed forward through the approval pro-
cess without any text amendment being necessary.
,.
--_..__..._".,_...._-._----"'--,_._---_._----~
J. Scott Miller
Golden Memo
February 26, 1990
Page 4 of 4
This letter Q~yers a lot of issues. I will be happy to
meet with you and'd~scuss anyone of these matters in
greater detail. Mr. Winchester previously committed in
your office that he recognizes these parcels properly
belong in the City of Boynton Beach and intends to move
forward with this annexation as originally submitted.
I am hopeful that we can resolve any issues of inter-
pretation in the City Council meeting so that the mat-
ter may proceed in a timely manner.
Sincerely,
~CLrUy<a~1
K~~n J. Kildfi U
Enclosures
~
cc: Tim Cannon
Jim Golden
Bill Winchester
Michael Schroeder
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Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(4071 689-5522 · Fax: (407) 689-2592
February 26, 1990
. .
Mr. James J. Golden
Senior City Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435-0310
RE: Boynton Beach AnneKation Parcels
Dear 111'. Go I den,
This letter provides a response to your letter of February
13, 1990 concerning six Annexation, Comprehensive Plan
Amendment, and Rezoning applications which were submitted to
you on January 31, 1990. Prior to discussing the individual
parcels involved, there are several general issues which need
resolution. These are:
1.
Text Amendment - As indicated in my previous letter to
you of January 31, 1990 (Item No.2 - Proposed Service
Station), I do not. bel ieve a Text Amendment is necessary
regarding those three parcels which are less than three
acres in size and therefore not eligible for
consideration as Planned Commercial Districts. As
indicated then, the critical language in the
Comprehensive Plan is the word "should" as opposed to
the word "sha I Iff. - Obv ious I y, these three parce I s of
land which do not meet the minimum three acres criteria
for a Planned Commercial District cannot. in fact, be
zoned as Planned Commercial Districts. We have reviewed
the Ordinance and find no provisions tor any waiver from
this requirement. Because of this, \.,re have. made
appl ication for straight C-3 zoninp,. However, as y'ou are
we} I aware, the Cit.y Commission may place conditions
upon any Annexation approval similar in nature to
conditions which could be placed upon an actual Planned
Commercial District. Because there seems to be some
uncertainty regarding the interpretation of this section
of the Comprehensive Plan. I would therefore request
that this matter be discussed by the City Comm~s~on as
Lo thf:lir i.ntent in including this lanp,uage in t~~2I'V.ED
MAR I le@(}
PLANNING DflPT.
.~
,
Mr. James J.
February 26,
Page 2
Golden
1990
2. Deve lopment of Reg iona! Impact - Your letter of February
13, 1990 indicates that these applications when
considered "either separately or together may constitute
a Deve lopment of Reg i ona I Impact n . I need further
clarification of this issue. I have reviewed the
Statutes and do not find any indication that Development
of Regional Impacts must requested at this time. I
agree with you that the City Commission should probably
make a final decision regarding this item. Perhaps we
can schedule the Text Amendment and the DRl issue on the
same agenda and resolve these matters to~ether.
3. Ownership - My letter of January 31, 1990 was incorrect
in OTle critical assumption. At that time, 1 indicated
that Mr. Winchester had some involvement in all of the
parcels being submitted. Subsequently, I learned that
that is not the case. For your information, I am
attaching Warranty Deeds indicating the ownership of
each of the parcels being submitted. Specifically, Mr.
Winchester has no involvement in either the Mall Corner
parcel which was purchased in 1988 from the Florida Gas
Transmission Company or the University of Florida Trust
parcel which has been owned by the Trust since 1986.
Additionally. I am attaching a map showing the names of
the ownerships of the various parcels between Old
Boynton Road and Boynton Beach Boulevard. You will note
that these parcels were purchased at various times and
in various combinations of names. For the purpose of
this Annexation, we have gathered these parcels
together. But again, there is no development plan being
requested at this time and we will further stipulate
that no development wil I take place on the 49 acre tract
until an actual Planned Commercial District is requested
by the petitioner. (However, in the meantime, we are
requesting a Commercial Land Use designation and Zoning
District be applied to this property in order to be
consistent with both the City and County Plans.)
Regarding
following
your specific concerns
response is provided:
for each appl icati.Dn 'the
1. !:.rC?.E95}?_d ~~rvi~~_~tat_L()_r.! - This .80 acres of property is
located at the southwest corner of North Congress Avenue
and Old Boynton Road and is owned by Bil I Ray Winchester
and Elsie A. Winchester. Applications submitted are for
Annexation, Land Use Element Amendment. and Rezoning.
1..
Applicant
necessary.
disagrees
As stat.ed
that a Text Amendment is
above, the applicant requests
...
Mr. James J.
February 26,
Page 3
Golden
1990
that this matter b.? discussed at the City
Commission 1 eve l.
2. Additional copies of the property owners list. tax
map and affidavit are attached.
3.
Items 6 and
this site
However, we
Consulting
by you in
attached.
7 of the application do not apply to
as the parce lis 1 ess t.han one acre.
did submit a statement by K.S. Rogers,
Engineer, providing the data requested
your letter. An additi.onal copy is
11. ?r~ose~L.tL~J_L_SoLl_!:.b_JJ3:E:.s:eJ_ - This L~9.52 aCl'e parcel is
located on the east and west sides of Winchester Park
Boulevard between Old Boynton Road and Boynton Beach
Boulevard and is owned by Bill R. Winchester. Elsie A.
Winchester. and Ernest Klatt. The applications are for
Annexation. Land Use Element Amendment, and Rezoning.
1. A Text Amendment is not needed as the applicant has
already agreed to stipulate in the Annexation
agreement that no development will commence prior
to a Rezoning of the property to a Planned
Commercial District desienation. However, the
applicant is requesting C-3 Zoning at this time to
ensure that the property is entitled to develop
consistent with both the County and the City Land
Use Plans. The stipulation regarding no
development until a Planned Commercial District is
approved for this site is sufficient to satisfy the
Text requirements of the Plan.
2.
Additional copies
maps and affIdavit
of the property owners list,
are at.tached.
tax
3.
The Consent of Ernest Klatt was
of the appticati.on. HO\..,revel',
has been attached here.to.
submitted as
an addi tiona.{
pf-\rt
copy
4. Pursuanl to our discussion with the City Forester-,
a vegetative ass~ssment wil I be sufficient at this
ti.nle. Such an as::;essment. j.s attached hereto.
5 . I t. (? In S ( a ) . ( b ) . a 11 cI ( c ) \" e r E"~ i n c Iud e din the
application as "Mal I South Justification Impacts".
This document also addressed Item Cd) regarding
traffic. Becausp there are no development plans
for the property at this time and because the
"
Mr. James J.
February 26,
Page 4
Golden
1990
applicant has further stipulated that no
development wil I take place prior to the approval
for a Planned Commercial District and/or
Development of Regional Impact (if applicable), a
traffic comparison cannot be entertained at this
time. Similarly, Items (e) and (f) regarding
sewage flow cannot be calculated without a known
use for the site. Again, a 'specific development
plan wil I be required in order to assess future
employment..
~
Ill. Propose~MD.,-'-.L_CC!.X:D_er .Bg..?J:~_~':!..~.I.lt - This 1.3l~ acre parcel
is located at the southwest corner of Old Boynton Road
and Winchester Park Boulevard and is owned by Mall
Corner, Inc. Appl ications are for Annexation, Land Use
Element Amendment. and Rezoning.
L
App I ica.nt
necessary.
that this
Commission
disagrec~s
As stated
matter be
I eve I.
that a Text Amendment is
above, the applicant requests
discussed at the City
2. Information contained in the application submitted
by this office from our computer has been
duplicated on a standard City form which is
attached.
3.
Additional copies of the property owners
map and affidavit are attached.
list, tax
4. Signature of the applicant on Page 6 was previously
submitted. However, an additional copy has been
attached herl~in.
5.
The proposed
i nd i eel .ted on
application.
be noted on
a t tachl~d.
square footage for the restaurant was
the site plan submitted as part of the
The square footage has additionally
the revised "Requirements (g) and (h)"
..
6. It is estimated that the restaurant will provide
approximately 50 employment. opportunit.jes. In all
probability, there \"i.1 I be 25-,30 employees working
on anyone shift. However. while hours of
operation have not been fully defined, it is
estimated thaL at least two shifts wil I be required
for the restaurant. This matter has been
incorporated under the revised "Requirements (g)
and (h)" of the application.
. -"~-.-._-,.._.._-_.,-~----------
Mr. James J.
February 26,
Page 5
Golden
1990
IV. Proposed Retail/Oll Lube This 2.44 acre site is
located at the northeast corner of West Boynton Beach
Boulevard and Winchester Park Boulevard and is owned by
Winchester, Winchester, Zeiher. and Schroeder. a Florida
General Partnership. Applications are for Annexation,
Land Use Element Amendment. and Rezoning.
1.
Applicant
necessary.
that this
Commission
disa~rees
As stated
matter be
I eve I.
that a Text Amendment is
above, the applicant requests
discussed at the City
2.
Additional copies
map and affidavit
of the property owners
are attached.
list,
tax
3. The term Commercial-3 has been amended to "C-3".
4. Additional information pertaining to proposed
square footage has been added to the ~evised
"Requirements (g) and (h) which is attached.
5. Additional information pertaining to employment
figures for the project has been added to the
revised "Requirements Cg) and Ch) which is
attached.
V. Propose~n~~o}:~..~..J a.!1~~d__~Q~..l~lercia I J)eve] opment-
This 13.811 acre parcel is at the southwest corner of
West Boynton Beach Boulevard and Knuth Road and is owned
by the Winchester Family Partnership, Ltd. and various
members of the Winchester family. Applications are for
Annexation. Land Use Element Amendment, and Rezoning.
1. An additional $100.00 filing fee is attached.
2. ^ Comprehensive Plan Text Amendment application is
attached. Previously, the applicant was under the
impression that the Comprehensive Plan Amendment
appl lcntion which ",as !>'.jbmitt.(~d as part ..of 'the
overDI I Annexation, Comprehensive Plan and Rezoning
application was sufficient to indicate that change
on tho Plan. However, based upon your letter, we
are in agreement that a separate Text Amendment
\>lil1 be required.
3.
Additional copies of the property owners
maps nnd affidavit are attached.
I ist. tax
I{. .
The
signature of
the
app Ii c<'J.n t on Pap,e 60f the
_..~ ----.-.---------------
l"Ir. .James .J.
February 213.
Page 6
Golden
1990
Annexation application has
attached.
been completed and is
5. As with the other applications, the applicant did
indicate the proposed square footage on the
previously submitted site plans. However, these
figures have additional Iy ~een added to the
attached revised "Requirements (g) and (h)ff.
6. Employment calculations have been included in the
attached revised "Requirements (g) and (h)".
7. Documentation submitted by the applicant indicates
that the property is under single ownership and is
currently subject to Unified Control. Attached
herein you \"i It find an additional document
indicating the willingness of this owner to
maintain Unified Control pursuant to the
requirements of the City of Boynton Beach in the
future and require any future owners to likewise
agree.
V I . P!::_(n~~.9.-?.9_c:l_.!?_9Y..!' tOl]_):3e-9.:.9j..!--~2_u I evaI'd P I aDD_~d Commerc ia I
Qe~~-'_gp_'Il_~1J~_- This 14.76 acre parcei is located on the
south side of West Boynton Beach Boulevard and is owned
by the University of Florida Foundation, Inc. Charlene
Boynton. and Donald Lowe. Applications are for
Annexation. Land Use Element Amendment. and Rezoning.
1. An additional $100.00 filing fee is attached.
2.
A Comprehensive
attached.
Plan 'fext Amendment application is
3.
Additional copies of the property owners
maps and affidavit are attached.
I ist, tax
4.
Pursuant 1:0
a vegetative
.t he .J an u a r y
surVI"!Y which
our discussion with the City Forester,
assessment was submitted as Rar~ of
3l. U.:l90 appl icatior:' in 1 ieu of .a .tree
wil I be submitted at.a lator date.
...
~.
Thp. proposed
the revised
at l:ached.
~;quarp. footage
"Requ.i relllent_s
ha.s
( g)
bElen
and
i nc I. uded
(h) which
in
is
6.
Employment calculations
revised "Requirements
attached.
have
( g)
been
and
added to the
Ch) which is
. .
Mr. .J ;:-'.mes J.
February 26.
Page 7
Golden
1~,j90
7. Documentation submitted by the applicant indicates
that the property is under single ownership and is
currently subject to Unified Control. Attached
herein you wi II find an additional document
indicating the wi.llingness of this owner to
maintain Unified Control pursuant to the
requi rements of the Ci ty of. .Boynton Beach in the
future and require any future owners to likewise
agree.
8. Page 7 of the Land Use Element Amendment/Rezoning
application has been completed and is attached.
If you have any questions concerning any of the above, please
do not hesitate to contact me.
Sincct'cly,
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
( FAX ) 9 6 9 - 9 7 1 7
January 31, 1990
Mr. Lindsey Walters
Kilday & Associates
1551 Forum Way
Building 100A
West Palm Beach, FL 33402
RE: Mall Corner
Water Useage
Dear Lindsey:
At your request, this office has projected the water and sewer
demand for the above project. A 7,000 square foot restaurant is
planned for this site. This building is expected to have a seat-
ing capacity of 250 seats. Using the Palm Beach County Heal th
Department's flow rate of 50 gallons per day per seat, this
establishement can be expected to generate an average daily flow
of 12,500 gallons per day.
This parcel of land is currently zoned agricultural in Palm Beach
County. As such, one dwelling unit could be constructed. At an
average flow of 350 gallons per day per unit, the existing zoning
would generate an average of 350 gallons per day.
The County's Comprehensive Plan shows commercial designation for
this site. Thus, there is no difference in expected flow rates
between this request and that which would be allowed according to
development regulations if developed according to the County's
Comprehensive Plan.
Ml. Lindsey Walters
Janual'Y 31, 1990
Mall Corner
Page Two
Typically, there is very little difference in water and sewer
flow rates for commercial uses unless irrigation is going to be
done from publ ic water. At this time, the source of irrigation
water is planned to be from on-site wells.
Very truly yours,
~~.~.
KSR/jr