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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. -:.:" . c 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'" '# ,//' / /' / .} 1\., . 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,:~ , ~' 'f. File: TPS - Hun. - Traffic Study Reviews f, ) I / j l' " , , STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ."~ '/ 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 v:~~ i. " r. .... ~ '.\' ... ~?1 ',' 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. '.- . \ ;: :~ 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 ~--- 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 5 - -- I I I I I I I . i ~ oJ I I I , , "!I rl ' I;: I la,..- -,' iZ:' , II r--' I: ! ..~ _no lID - / I I - -' I lC UI .., at. '(0 IU :>> .. - - ; 41 ~ I .., 1l0OLSAIGKT FIO I \ n lV( S r / ! ! I '-_.. " - -_-!_~-~...I ,--- I, III I' ii' ~ I ! I' . ' Ill. .. 'w-__iii""-'- /- (" \ \ , '.I' , - I.E6ENO ----en'! UNITS _ _ IS1UQY AFlEA BOUNCAAY ! I r ,I l:i I~ ~ SOURCE; Walter H. Keller Jr., Inc. CJ.T{ OF 00YNIrn BEACH DRAFl' PLAN AMENJ::toIENI'S GENERAL LOCATICN MAP 5 I ~ ~ ~ " <::) " ...., ""- ~ ~ ""J ...... ~ 00 NaI To Sc:aIe May, 1989 WALTER H. KELLER JR.. INC. Consult in, 819J17'~S . 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'.' . . .. {~:;l~;::~~~~:~~~~;Ut:::W:{;~:~~:~:;:::/~g: ';\:::. .... ~.~ .& .,,,;....;._ dA'~_ ...... . .., . , ..;. "": ;; . . . . . . :.' " . I : I I ' : I '---a.. : --- -l. ",!!!.._I!I______----- : ., . II $ . . &! i : ~ . ~ . !ll 5 Ill. : ... T_ ........-.-._.i . I . -, IIJlORDI , f / .1IIIJl IlD _J'1 . n lvl If '---, I, J I ;J I . , II' , . .'1 I 'C' I I!"'" ~i .J /1 · ..,J . - I I -- / - - ! ~ ~ u ~ ~ ~ '" ~ ...r.&a-.... I . II . I . . r' . . , ",- I ! J >- .. ..- .. . ~ ",- I \,/I- I I ~: I ~ I != I "':1l0Cl.SAIGHT RO , &;. . . !-. . - --. . . . I . . n lYl ! . . ~ ...., , ~ ~ ...., ...... .~ I.E&ENO 00 Hal To Scale May, 1989 ----CITY LlM1TS - - ISMY lAEA 8DlHlAAY SOURCE: Walter H. Keller Jr., Inc. . th WS " 1.6_.:-.....:_ " .......... Regional Roadways W1 .-.l"I..LU...cu.u 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. , '\ AUG .. 8 10'~1"" """"" ;J August 6, 1990 .;, ~.. & ~-..- ..'::!.. ....... 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":' . I- V' I( X ( 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;~~ \..)]~ - , - '. ' ',' . ,.'- , 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 '-' v '. .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 ~ t. . .... . . '. ";' ": ...:~... . ,'. .... ",' . . . to . .... ~ ". '+ 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. r '] j , ['t -:; r! i"1 i: C :.,'1 t ,7 .: t: ~ t" !', 1 :! 1',\ i i' .:.! '~:I i r' ,:-:1 'j rrl r::, -:: ':::: ',:, !'1 C (,:' ~,! ~"'I "i ~: C ( -3 t h ;:' ~; :'? c: i~ P r:,.. I ,\ \h/05t P 1m t',.? ': l_ it Cl C) 'I ,-, ,- I''. L, il,:, ': i r ,:~;t1 .)[", c,t r. ", >< ::i t i ,=, (, ! ~~,: '! i, I ! i"1 :.1 j' I <-' ie, l' c? ,.3 r' 1'1 i' . '~', 1.\.-' ~, '..\/ .' 'f' h t' i 1 J I,) i....i ~.:.' : \_: ~~ t <.I n I ':' I' I) ('.lad 3 t? <:f .hr' .,. '111 ':;, .-~~t' t.;:-::ch>;. -J:l 1.,1;:'" ,:;~ ,,-:! v 'j - ...... _I :. ~l.! '1 ] ':, n ': c 1'" ". .? ::;; !' 0 ,I :; = ,'I ': ",' ) f the 'f u 1 'i "'",,', ') J . "? 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U::.':~ ,:-3frl::: ~:!'lj:::;'~it r..f:'...., 'l:l'.,~ (r-,/\,/['!r: l< " '1 ,:1 "i .I~. ~:: ~: C" '.:' i -3 t.- y'._ h j .:;:; 'f j" d 1 ,,:, ~! t :,'; '.-! ~. !-I ::: t t~ h :: ::~ -: :.' FJ ~ I 'I .:; '-;:l t "~" n s \/') 1 I:' ," l. ;::: (-j I L.,:.:' _' :...: !) ill : t t;:: ':: =: I.) 0 r t \' ,:~~ of t .:; l j~1 ~,; .~i i"j ():~ /': ':::: -t ," C" i~; () l ~ h:-:;. l _! I'i 'I l'l ' l.~' <> (';'it ,s ' :{ i ", ,___' ,~: ! :::~ 'i r'! t~ --::. -l'~ !'''i ;':: t \' ',,' ,. !'"l i i h ,-, ~,u '! ,j \::.1 ~:: I::-~ C ~~ c,; n p \ ~ :3 ;-i ~,.:! 'j (, :: r' n~~r!+i-l,'; 1"1' , . ", : ' : I ,'I V' ,:1 i I V ':j .:: 3 t: 1 .:' n .3, .;0 1 ;~; ::,,' >" ,+ 1:',3 :.o,t; :' (I .i.~ d':: t ,': I 'C: " \,/ .-::' i'" ,. ,k i' t.! "'y ~/ ( '.1! ':::1 ~ '-:1 ',':iF C.(~.Vi'jTC'rj C,E.^.'-'H .J am,,:; I .~' " I.;; ".:> 'j j e i') .. 'C ,'( i ,,:-1' r~i:: "i f'!.:i "I n Eo r i , : I~, .. \...- <'-- \ ' ' I (: t::; in '1 in ~11 ,J j....[ r't -i i~l J rr i i" y' .t {~, i., E; ;'1 !- i ' ,':i 1 F'"l -: <~ '. 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 , ~ I I I ! 'ACSIKILE COVER BKEET TO THE A'l'TENTIOJi' orl -:$'\""\ C:r.,.\ckN J'ROM I ~""T\" ~ "'"'0..... \e" J ?' &.. "N "'. R,. DATEs 6//" / '0 TIII!H IO:~S'" lr II .. 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 ; / J /' ':''''~<''~- 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 ......', ~'" ~ 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 ,. .. 44' itI ~'J"";' [if!l>"'~f;.;,"" 00':.:.. fl~~ I .....'1':-. ... . J \( :~, t.e' \ I 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