CORRESPONDENCE
Kilday &- Asaociates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
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: Winchester Boulevard Restaurant (WWZ&S Parcel), Corner of
Winchester Park Boulevard and Boynton Beach Boulevard - Our
Project No. 799.6
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 Winches ter
Restaurant (WWZ&S) project be included on the City's
approval list" to be forwarded to the County requesting
from the 1990 Traffic Performance Standards Ordinance.
Boulevard
"previous
exemption
If you have any questions or require any further information,
please don't hesitate to call.
Sincerely,
~~~
Chuck Yannette
cc: James Golden, Senior City Planner
,\' \'0;~,~~~?_
::..;~:~:;'l,~>"2 j
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'/ED
r<~ ~..""-
RP / gkr
JUl 2$ 1990
PLANNING QEPT.
Robert Pennock, Chief
Bureau of Local Planning
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
i !i.....
': "7
! :J ,,~.: U
!{i i"" U~. i-j i"I'~ ':;:,1 ~-.
:~ ,:,1 1: -
., I
'-,
(, ..
rl,3l'~ili;'12 [jir'e,:~cr'
::'3 " II i ':'.;: ':, c h ': e, U i', t \
~I./ E: ';;
'1 ,; t h:. ': ,.; '0 _
r. t~ j III ,', ::: ..,:;:' f i
(". "c'
r'l
. L
T
,I. ,;
:: Ci u
" :::: ~j ,~! :~:
;', -' ..
~'IJ t: 1 ,; c ,~, ti C i 1
~, ,+-
'_.' t
1\ ,'I n.:; /.3 t
Co i-
'\ P ::' ii (, .3 t
t~, il
. l_: ::~ d ,,3 ~ ;::'
';.f
/\~.; :"
tc.
I',')
'j '] ,n
, . ~:: ~-=; ~:I <> i-', \:1 ::- ;-) !~' >~.:... ')
1'1 r. ,::" ': 1 j - .
\".1 it h ," E: :3 (J /:;. <: t::
,,3 t + ~ " L1-::_ ,:-: 'I ~
ur'
,\p (" 11
t." . j,
!_', .:.... ,.j :...
1 i:~
'1 ':' ~j 0 ;
(f t ;: ~
',..' '!
". ~=; ~J :~:' ri ,j ':.' ;~i .-:; ':=
\.. '..:;:.':.;
'1 .,:::: .:' '~
::: ,~:' c!
f (I 'J ~ C'~'~l'!' j l~~j :'
,D,~,:lpj'(~:\.'~::: .~r f(.... t j'an.:3fl'! 7 t "~3! t.,:l Ul.., I,
,,:. {
... ~4
,'i :;,
,- II' :
':'11 ::hi:= po:titie,[, "'i",(:: '::'j-ti!',U0;.j ,:-,1. th~ i'l:i\f
~= j0Plisent has si~ce withdrawn a
,7.:" ri C-;' ; 1'~' ,:3 t <' I" _, ~ t' _:: ,.:' :'''i ,~I i" -+-_ t~ ('t t h "? :~.. \n/ " I:> , D
'~'~i Iii' i'l c. art:;, ': 'I '= <' :. '.. i .:; ,,; r., <:: ,'1 c!.:, r', C 2'i "OfTl
Ci ~~ t ,~.! ~; U 1" ~ C '1 9 ~:; () ~ T h '~' iT. ,:~.~ ,Ti3 ! i J 'I !Vi :~;j . ~~~ )J. ;:; .::,: I" ....
:,,;. ;,::\ii'~,,,,/ t:., \'!',:; ~l?nnii'l'J ,.::nd ?:)nii..',
11J 9 ~i tfl'-:: ':.' t 'j i"j --, :i i~.i L:I::= f c t":;' the it'.,.
10
::~ j"'j J i U ! 'I >~
)' ;'f 1<::'"
ill,;' -: t.
,'1 t h , .:;,
!'
:i (1 . I
l!.' i '1 ,'.-j::! ',:
i C _
~' < ~v, ':: oJ L.; "! :::
"
I ~'l
.;! i' :!
". ,
: I
,~~ 1..1! I
l_":'fffin: ::::::'1 ~,[:
,~L "
I '1":',
,_, u '1
I~ ~
,(I.. e,: +::'
j ::; ~
':::.;::: r \f i C"3 ~~t.'3 t ion
0'\ p pl .[ (: ':: t 1 C. ( h ::3
f1 ; 'j .:.~' ; - '::! 1
c, ::: "~: ; i
\",' it t-, \.::1
",;1\"/
I,
~j J un e
.:..: C.
',:1tt.3...h\: J
~) u ;
::<) (
':? Sj::
i'l:{ :~: rl C:0
:\
.. "
':: t '<1 :: (, :,~l'
.:.' j i <: :::: I" 1"';'1 'I J :. 1'~'! --:.~ 1...! 1""'1 i i"~! _ :' i :) ~ . ,::1 t e ,j (,~"i '7.:j ::.' ~~:'I L, t h ':,1 f t I'i :.: t'l \; r; t I) :-"1 C (; -:'1 ~: I"
!,,rr :.~i
I .
! -
i'l \,
1.:-1": ~',~>\- :'I"C: n
n(' i' t!! ;
:= l~ ,~i '~,! ~ ~.: ~~ ~:; /\ ',; ,~ n u >::;
(,,'
t h
r '}..'
,::: .;, ':' i'
i ,-
T :1
,',,"/ (>
-
., ".-
<"(",
t: h e
:,C' .J t. h .
3i j
,i i I U t Ii
G:..:; 3 d
i: T' 'j ~.'! 3 \'
" ~:-' C' ~~
'=:1 T:::
ut
:: il t i ,
II';
t h ':~ :J j" c~ <~. ~ :: ::
", ~
L~.' ,
r:, i" ':0 f".:< '~.i r"
t: h ," I",!
"J ,;, il n ,co /, d t 1 C' fi;, i:':< r: l'i (: ':., t " ':.. j"=
f-:.(
i:) ,~~ T
,3 nu
p~Js::'ib-l ,;
,01 1'1
:,) f
~ \ ,i !,"i \~..' 1" ';:::~ t::: I ~ .i:.: i" ,
I.- ',.\:1 t i I -j
t h ~- ,_::' >0 f:_" C' u re'l d ::~ j""
'!~?~~ .t..t
1 :'
,n,: ~ _
1 '!
.,~, f
';/>," f ~I
t "": i?
\) 'y~' :3 t.! ;,::' 111'1
t ts,j
tc
elf
! i", t I ' ~ r ': ;-",-J..
t ':
",
" "
c'
::l := i=,l -'i c; ,1 t
t h."': .';,::::::::'1:
',,/ I , .'
,::'! f -I' . l,'~, i ::1 ',~,i t ::~; d
t-j1-;": t
~ I- _ "_
II :;: .:;
',l :') (";,z; '; '::-:! t -) ()
! I ""-' . ~',
+ I"~
" ,
::;.'--:'
:'~l r ,.) () ,-',
" t :
i j', 1:. ::.'
.j.. I~
.~ : I
; t" .',i'
.!-
r
ci =i:~1 '.." i:)
:. !.i ::' i,'i ; 1:.1.; 1
'-:i;J j) 1 ,
1< 'j , I \
I 1,,- i :~, .... I.~: r' i ,31 ;"
,;S~' 'jjri~: !;,:Jrn~'!",t
r ::' ?: <=:: iV'! 'j j', '~~ J f"i j 0., C /", / CI r. ::
.. ~.. ~: ,) "~__-; ;3 t ~~~, '3 i", ,':! : 1 r,' : _ a +- ,~:' t'~ t h '::, t. thE::.::: J i'.) i') -1 '1 C a ~~ ' (.' n:::- 'h ill
._': __,' ! " ^ ~1 l.-', '! ~
~' I,,; ::'t f j "'j
l-j
'''I :: j'
" _i f t- ::-: :'"
h :
I ::.<::;' t- ! C i', (',-r t h \:
:.~ 1'''1 :"1 ~ ;~ i"r-:' '.~T~ t:~.,.j r---, '=: j"'':' ::' ) .:' l l~l!"'
+ h"
-; t ','
1,1>,1 hi' - ~""I '.V' ,-, i li,-I
:1 ~ ::' ':,.Iffi;.)
:;:. h ~' ,j
! ~"!
\.'
" ~!
-, !" It;. j:"::' ~
" I" ~ I 'I " i '-; 'j I..., f.. i " ,. , c j i-') ) t I t ::i .~ +- r a t m
.... I ... ... .. ! .., ... .o' r I " I - ... ,j , .~, -
, -, ~- ., u 1 \/ '.f ':.' U i" ::' ,
'( r ',/ .::) F'
'~I'i:,)T:'='r.) UE.'\CH
'Tl~. ~:
J
(;I:)! j;..., 1"1
~'"l ') .J r
Pi :3 f') n ':7 r'
l, !j'
;:
1m""
i" 1
i'il~
} i !' -:..:.. .,': t (> i"
'_ :'': rt T i ,,",
r i 1:
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
..J .......J.l\.;
" I;'"
...."-',
:11 .
'..' a,".'':';;O:
".:C'_":c,!"..
St:.~~i ~;r
\-.' ...:... '-.i
_ , .:.:; ,- ,....., ,_"r
- -'-...-....-- ---
c:~y rf Boy::tc~ D~a_~~
.... ,....-...
__ ..... - .:....I.
:3 Ci:- r. ': ~J r-... B::.; .'?J. :; l.... 3:,
._ . 0 7'l '."
,-,. ,.
.:) '_ j ..L
.1.
",::. _..1_ ,
~>3~: -:
.,.., .'
...-<-
~r.. .~k~ r..;..: :,J. t ~ ()_'~, :... a~~",:1
F.;::: 2.
;::
-',.- '
1.'_ ~
S t :?. :: i c, :_
~. ~ .... ...i -::;. :.. '[ . .1 \...' .
...., ,- r-. ,-,
,.::;..:..;. v
:Jea...'
'"',.f...
...a...i. .
G..).ids..~ t
The
above
l.cier.cr...::e::::
"""""". ~ - - -
~';:;:: ~.......'-.....--......
ct.~~'~:l :.__:/
.. - ..
.-- ...., -, ..... ,-'" .-,
;;; --~.;.\.:;;""';'_.-:;;",-.:.
..:;..::. ~
,\H '",
'_ _..i.C
, "
'-' u..;....1
~ ~ I
- r- - .....
..i... _' ."J .~ ,
~. ...i....:;.l_L::.~~.~
.-- ,.)..
r-- f-'. 'r~."': "', "">,.
....... .-.1... _.1....':-:;'\
..-, . -.
D~,-L.;.. ...A.
l:"'-l~L ..i... ~ c
t :,. __
r-.;.t':" a _':i. ~-:...;;
" c
1'." -. '
."i _' '......l.. _\
~ ..i...i..~";'
'C :.
f.r _ ": ~".i :::- 2.
." Jo_ _. ;;;;,
9 i:.- :: i c :. -: :_
.. _ ::::. ..... _. ...L ..~ :1 :_ :.-
"i..l. l_.l..i.
..., .- ,.., .,.. '.-.
Co.~......... ,-,..;.1. ''': .....
l.~ ~~ ~.~ C. i. ~<<1. ;i
'\__ . .... 1- -, ,.--
1--' '.- .;.. ..J.. \.. ...I.. '-'.i. ~
(7.11 ._,~:: :'~i} t-..... C:.. ~
~~
..... ~ ~ - ....
c ,):r~.s '~; l =- cl,::~ t c~:
a~:.L c .:<.::""i. [l ::.;:..
~pct:..t:.c=-~
~,! i ::. =-
';::2
S :..1.().:
.: ;... t- ". c:
- '_ I.- '='-'-
.:~ ;:;0
~ :) ,-=, ~.~
:;: ~ ....
r.. =.:::. ;::. :- j) - f.
,-'-,' ,", -- ~,
.1:.': <:-, ;........... 4. . .. :::.
f~::a: ~1~:0~~~Y ~~~nda~y d2t21~ir:ati0~~
~r ::-:L +_G."-/":: 3.l,.. ~'i- ::.t.,..:.e s -: :,c:,.r:.S
1:"-"" .- '-:.:' :::. s ~= C~.::-_
h~si~a~~ t8 ~all.
f- _' .._ .. .. -
~~' ......i..1. ".... ..:;,. 1. .:;: .......1 ,
~~~
f. l c :.~ ,1 f'...:J I<~ ':"'..i.. :t 3./
~
FcJIZ.
~i~ B~l~ ~Ji~C~~3tcl
CITY of
BOYNTON BEACH
,@.~.:;.- . ....
, -
" _.--""
100 E. Boynton Beach Blvd.
P. 0, 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
~---~- j - )ti1L
(f I.
JAMES J. GOLDEN
Senior City Planner
JJG:cp
cc: Interim Planning Director
Central File
Encls.
CITY of
BOYNTON BEACH
~
V3I
100 E. Boynton Beach Blvd.
P. 0, 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 163.3l87(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
Departmentls 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
. ,1
, / '
'>-, i Ii,
/.- ~~---
r!
JAMES J. GOLDEN
Senior City Planner
JJG:frb
cc: Timothy P. Cannon
Tambri J. Heyden
Central File
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 5,. 1990
Kilday & Associates
Attn: Kieran J. Kilday
1551 Forum Place, Bldg. 100A
West Palm Beach, FL 33401
RE: Boynton Beach Annexations
Dear Mr. Kilday:
The Planning Department has reviewed your letter of February'13,
1990 and the additional items submitted. Our comments are as '
follows:
General Issues
1. The proposed .80 acre service station is currently a portion
of a 25.3 acre parcel which is proposed to be annexed as
part of the Mall South application. Therefore, this parcel
can be zoned PCD and it is not intended in the Comprehensive
Plan that the .80 acre parcel be removed from the 25.3 acre
parcel. Concerning the proposed Mall Corner Restaurant and
Retail/Oil Lube applications, these two parcels do not meet
the minimum acreage requirements for rezoning to PCD.
However, it is the intent of the Comprehensive Plan that the
above parcels be combined as part of a unified development,
rather than developed on a piecemeal basis. Because these
parcels fall within Planning Area 7 of the Future Land Use
Element Support Documents, any rezoning to other than the
PCD zoning district would be inconsistent with the adopted
Comprehensive Plan. As noted by the Interim Planning
Director, the word "should" as opposed to "shall" has no
bearing on this matter as far as DCA is concerned. In order
to place these three parcels in the C-3 zoning category, an
application for a text amendment will be required. Only one
application would be necessary to amend the text lanaguage
for Planning Area 7 to cover all of the parcels which lie
within this area.
TO: Kilday & Associates
-2-
Mar. 5, 1990
2. The DRI issue is scheduled to be reviewed by the City
Commission at the March 6, 1990 meeting.
3. As documented in the description for each application in the
February 13, 1990 correspondence, staff is aware of the
ownership issues. Concerning the proposed Mall South Parcel
(49.52 acres), this parcel is being placed in a commercial
land use and zoning category and the analysis of impacts on
infrastructure are required pursuant to the City of Boynton
Beach Zoning Regulations (Section 9.c.4). In addition, this
information will also be required by DCA, as outlined in the
last paragraph of the February 13th correspondence.
Concerning the status of the six applications, the following
items noted in the February 13, 1990 correspondence are still
outstanding:
I. Proposed Service Station
Item no. 1.
II. Proposed Mall South Parcels
Items no. 1, 3 and 5. Concerning item no. 3, the signed
original that was submitted does not include Ernest Klatt's
signature. The photocopy of only Ernest Klatt's signature
on page 7 is not acceptable. The original page 7 of the
application should be removed, signed by Ernest Klaff and
returned, or a new fully signed original of page 7 should be
submitted.
III. Proposed Mall Corner Restaurant
Items no. 1 and 4. The signature of the applicant is still
missing from page 6 and the original signed copy should be
modified accordingly.
IV. Proposed Retail/Oil Lube
Item no. 1.
V. Knuth Road PCD
Items no. 4, 5 and 8. Concerning item no. 4, an original
signed copy is necessary.
VI. Boynton Beach Boulevard PCD
Items no. 4 and 7.
The above items should be submitted in two copies for standard
zoning districts and 3 copies for planned zoning districts. Six
additional copies of the subdivision master plan for the
rezonings to PCD will be required for review by the Technical
Review Board (9 total).
0...-'
,
Kilday & Associates
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 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,
Senior 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 described-a$,'
, ~-)jnD~
- ,,,~""- V A..;'
W.R
1 1990
PLANNiNG DEPT.
""--
Scott Miller
Golden Memo
February 26, 1990
Page 2 of 4
"An application filed with the municipality which
satisfied the application 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 property 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 Cityls 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
annexation 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 covers a lot of issues. I will be happy to
meet with you and discuss 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,
~ ..,d~~ t7
. ~U Y .7 ':i:::.~~,.J,,/~y
K' n J. Kildfl U
Enclosures
cc: Tim Cannon
Jim Golden
Bill Winchester
Michael Schroeder
Kilday &- Associat.s
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
June 1, 1990
Mr. Jim Golden, Senior City Planner
City of Boynton Beach
120 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Annexation/Land Use/Rezoning Petition for Service Station
Our Project No. 799.8
Dear Mr. Golden,
The above referenced petition is currently scheduled to be heard
at the June 12, 1990, Planning and Zoning Board public hearing.
Due to a possible consolidation of this petition with another
pending petition, we are requesting a postponement of public
hearings until the next regular hearings in July, 1990.
If you have
tions, please don't hesitate to call.
RECEIVED
cc:
Bill
JUN 4
I PLANNING
1991'\
Dif~r~
.. ,
-
------------
. ;
/
r
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 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 Annexation Parcels
Dear Mr. Golden,
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 believe 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 "shouldft as opposed to
the word "shall". Obviously, these three parcels of
land which do not meet the minimum three acres criteria
for a Planned Commercial District cannot, in tact, be
zoned as Planned Commercial Districts. We have reviewed
the Ordinance and find no provisions for any waiver from
this requirement. Because of this, we have made
application for straight C-3 zoning. However, as you are
well aware, the City 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 Commission as
to their intent in including this language in the Plan.
Mr. James J.
February 26,
Page 2
Golden
1990
2. Development of Regional Impact - Your letter of February
13, 1990 indicates that these applications when
considered "either separately or together may constitute
a Deve I opment of Reg iona I 1 mpact". 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 DRI issue on the
same agenda and resolve these matters together.
3. Ownership - My letter of January 31, 1990 was incorrect
in one critical assumption. At that time, I 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 will 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 your specific concerns
following response is provided:
for each application the
I. propo~~d 5~rvi~~~tatLq~ - This .80 acres of property is
located at the southwest corner of North Congress Avenue
and Old Boynton Road and is owned by Bill Ray Winchester
and Elsie A. Winchester. Applications submitted are for
Annexation, Land Use Element Amendment, and Rezoning.
1.
Applicant
necessary.
disagrees that
As stated above,
a Text Amendment is
the applicant requests
Mr. James J.
February 26,
Page 3
Golden
1990
that this matter be discussed at the Ci ty
Commission I eve I .
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 parcel is less than one acre.
did submit a statement by K.S. Rogers,
Engineer, providing the data requested
your letter. An additional copy is
I I. P!:..l?.Eosed-.tla,~J?out1l._Parce-1 - This 49.52 acre 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 designation. 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 of the property owners list, tax
maps and affidavit are attached.
3.
The Consent of Ernest Klatt was
of the application. However,
has been attached hereto.
submitted as part
an additional copy
4. Pursuant to our discussion with the City Forester,
a vegetative assessment wil I be sufficient at this
time. Such an assessment is attached hereto.
5. Items (a), (b), and (c) were included in the
application as "Mall South Justification Impacts".
This document also addressed Item (d) regarding
traffic. Because there are no development plans
for the property at lhis time and because the
Mr. James J.
February 26,
Page 4
l.~ I den
1990
applicant has further stipulated that no
development will 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 will be required in order to assess future
employment.
I II. e.!:~p'os_~.!!_Ma_l) CO_.!:,!l~L- Re~.!:aurant - Th i s 1.34 acre parce 1
is located at the southwest corner of Old Boynton Road
and Winchester Park Boulevard and is owned by Mall
Corner, (nc. Appl ications are for Annexation, Land Use
Element Amendment, and Rezoning.
1.
Applicant
necessary.
that this
Commission
disagrees that a Text Amendment is
As stated above, the applicant requests
matter be discussed at the City
I eve 1.
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.
I ist, tax
4. Signature of the applicant on Page 6 was previously
submitted. However, an additional copy has been
attached herein.
5. The proposed square footage for the restaurant was
indicated on the site plan submitted as part of the
application. The square footage has additionally
be noted on the revised ftRequirements (g) and (h)ft
attached.
6. It is estimated that the restaurant will provide
approximately 50 employment opportunities. In all
probability, there will be 25-30 employees working
on anyone shift. However, while hours of
operation have not been fully defined, it is
estimated that at least two shifts will be required
for the restaurant. This matter has been
incorporated under the revised ftRequirements (g)
and (h)n of the application.
Mr. James J.
February 26,
Page 5
Golden
1990
IV. Propos~d Retail/Oil Lube This 2.44 acre site is
iocated 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.
t.hat this
Commission
disagrees that a Text Amendment is
As stated above, the applicant requests
matter be discussed at the City
1 eve I .
2.
Additional copies
map and affidavit
of the property
are attached.
owners
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 revised
"Requirements 19) and (h) which is attached.
5. Additional information pertaining to employment
figures for the project has been added to the
revised "Requirements (g) and (h) which is
attached.
V. Proposed _!(nut.,~_Fo_~~_el_an~~~,_,~l?m.!!lerciaL__peve I Q.E.!!1ent-
This 13.871 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. A Comprehensive Plan Text Amendment application is
attached. Previously, the applicant was under the
impression that the Comprehensive Plan Amendment
application which was submitted as part of the
overall Annexation, Comprehensive Plan and Rezoning
application was sufficient to indicate that change
on the Plan. However, based upon your letter, we
are in agreement that a separate Text Amendment
will be required.
3.
Additional copies of the property owners
maps and affidavit are attached.
list, tax
4.
The
signature of
the applicant on Page 6 of the
Mr. James J. ~olden
February 26. 1990
Page 6
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 additionally been added to the
attached revised "Requirements (g) and (h)".
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 will 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.
VI. r_~9-pgs,~~.Ey'nton Beach Bou 1 evard PI anne,,!_ ComJ!l~iai
Qe~~~QE~~nt _- This 14.76 acre parcel 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 Plan Text Amendment application is
attached.
3.
Additional copies of the property owners
maps and affidavit are attached.
list, tax
4.
Pursuant to
a vegetative
the January
survey which
our discussion with the City Forester,
assessment was submitted as part of
31, 1990 application in lieu of a tree
will be submitted at a later date.
5.
The proposed square footage
the revised "Requirements
attached.
has
( g)
been
and
included in
(h) which is
6.
Employment calculations
revised "Requirements
attached.
have
( g)
been
and
added to the
(h) which is
MI'. James J.
February 26,
Page 7
bolden
1990
7. Documentation submitted by the applicant indicates
that the property is under single ownership and is
currently subject to Unified Control. Attached
herein you will 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.
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.
Sincerely,
/
/
/
/
/
//
CITY of
BOYNTON BEACH
100 E. Boynton Beach Blvd,
r. O. Box 310
Boynton Beach, Florida 33435,0310
(407) 734.8111
I
OFFICE OF THE PLANNING DIRECTOR
February 13, 1990
Kilday & Associates, Inc.
Attn: Kieran J. Kilday
1551 Forum Place, Bldg. 100A
West Palm Beach, FL 33401
Dear Mr. Kilday:
, \
, ~
Please be advised that the Planning Department has reviewed the
six applications submitted on January 31, 1990. Our comments are
as follows:
I. Proposed Service Station (.80 acres) at southwest corner of
North Congress Avenue and Old Boynton Road owned by Bill
Ray Winchester and Elsie A. Winchester (applications for
annexation, land use element amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
(1) Since the proposed zoning category does not comply wit~
the text language for Planning Area 7 of the Future
Land Use Element Support Documents, an application for
a Comprehensive Plan Text Amendment.
(2) An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
(3) The water/sewer impact statement required pursuant to
items 6 and 7 on pages 4 and 5 is based on comparison
of existing and proposed zoning categories and not '
existing and proposed land use categories. The
statement also does not indicate that calculations are
based on the standards adopted by the Palm Beach
County Health Department.
TO: Kilday & Assoc
-2-
Feb , 13, 1990
II. Proposed Mall South Parcels (49.52 acres total) located on
the east and west sides of Winchester Park Boulevard
between Old Boynton Road and Boynton Beach Boulevard, owned
by Bill R. Winchester, Elsie A. Winchester, and Ernest
Klatt (applications for annexation, land use element
amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
(1) Since the proposed zoning category does not comply with
the text language for Planning Area 7.f of the Future
Land Use Element Support Documents, an application for
a comprehensive Plan Text Amendment.
( 2) An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
(3) Pursuant to item c(l) on page 3 of the Land Use Element
Amendment/Rezoning application, written consent to the
processing of this application from Ernest Klatt.
, , ~
(4) Pursuant to item d(3) on page 4 of the Land Use Element
Amendment/Rezoning application, a tree survey which
meets the requirements of the City of Boynton Beach
Tree Preservation Ordinance.
(5) Pursuant to item h on pages 4, 5, 6 and 7 of the Land
Use Element Amendment/Rezoning application, a compari-
son of the impacts that would be created by develop-
ment under the proposed zoning with the impacts that
would be created by development under the existing
zoning, which shall include:
(a) A comparison of the potential square footage or
number and type of dwelling units under the existing
zoning with that which would be allowed under th~
proposed zoning or development.
(b) A statement of the uses that would be allowed in
the proposed zoning or development, and any particular
uses that would be excluded.
(c) Proposed timing and phasing of the development.
(d) A comparison of traffic which would be generated
under the proposed zoning or development, with' the
traffic that would be generated under the current
zoning; also, an analysis of traffic movements at the
intersections of driveways that would serve the
property and surrounding roadways, and improvements' I
.._._-,._---_._.,._-_._-_._-----.._~-----..........--._.__._----~
TO: Kilday & Assoc.
-3-
Feb. 13, 1990
that would be necessary to accommodate such traffic
movements. For proposed developments which would
generate three-thousand (3,000) vehicle trips per day
or more, or two-hundred fifty (250) or more
single-directional vehicle trips within a one (1) hour
period, a traffic impact analysis shall be required.
Said traffic impact analysis shall include projected
trip generation for the development, for all major
roadways and intersections within one and one-half
(1.5) miles of the subject parcel, as well as traffic
that would utilize local streets through residential
zoning districts. Said traffic impact analysis shall
compare traffic levels between the existing zoning and
the proposed zoning or development of the subject
parcel, and shall take into consideration all
development that would be possible under the current
zoning within the City, adjacent cities, and within the
unincorporated area of Palm Beach County within' a
radius of five (5) miles. For those parcels lying in
the unincorporated area of Palm Beach County, which are ~
not currently zoned for urban land uses, the potential' -
land uses according to the Palm Beach County
comprehensive plan shall be used. Where said parcels
are shown on the Palm Beach County comprehensive plan
under residential land use categories, the midpoint of
the density range shown on the County comprehensive
plan shall be used. Where a county-wide study of
traffic generation at build-out has been adopted or is
utilized by Palm Beach County, the levels of traffic
that are projected by said study shall in all cases be
used to project background traffic in the traffic
impact analysis submitted by the applicant. The format
and standards used in the traffic impact analysis shall
be the same as those which are required by Palm Beach
County, with the exception of the requirements lis~ed
above. Such traffic impact analysis shall include
recommendations for the mitigation of traffic impacts,
consistent with the standards which have been adopted
by or are utilized by Palm Beach County.
(e) For parcels larger than one (1) acre, a comparison
of the water demand for development under the proposed
zoning or development with water demand under the
existing zoning. Water demand shall be estimated using
the standards adopted by the Palm Beach County Health
Department for estimating such demand, unless different
standards are justified by a registered engineer.
Commitment to the provision of improvements to the
TO: Kilday & Assoc.
-4-
Feb. 14, 1990
water system shall also be included, where existing
facilities would be inadequate to serve development
under the proposed zoning.
(f) For parcels larger than one (1) acre, a comparison
,
of sewage flows that would be generated under the
proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows
shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such
flows, unless different standards are justified by a
registered engineer. commitment to the provision of
improvements to the sewage collection system shall also
be included, where the existing facilities would be
inadequate to serve development under the proposed
zoning,
(g) For parcels larger than one (1) acre, a comparison
of sewage flows that would be generated under the "
proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows "\ ~
shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such
flows, unless different standards are justified by a
registered engineer. Commitment to the provision of
improvements to the sewage collection system shall also
be included, where the existing facilities would be
inadequate to serve development under the proposed
zoning.
(h) For proposed residential developments larger than
one (1) acre, a comparison of the projected population
under the proposed zoning or development with the
projected population under the existing zoning.
population projections according to age groups for the
proposed development shall be required, where more tha~.
fifty (50) dwellings, or 50 sleeping rooms in the case
of group housing, would be allowed under the proposed
zoning. Applications for rezoning to commercial or
industrial zoning districts which exceed one (1) acre
in area shall also provide projections for the number
of employees.
j I
TO: Kilday & Assoc.
-5-
Feb. 14, 1990
III. Proposed Mall Corner Restaurant (1.34 acres) at the
southwest corner of Old Boynton Road and Winchester Park
Boulevard owned by Mall Corner, Inc, (applications for
annexation, land use element amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
(1) Since the proposed zoning category does not comply with
the text language for Planning Area 7.f of the Future
Land Use Element Documents, an application for a
Comprehensive Plan Text Amendment.
(2) A standard City of Boynton Beach application form for
the Land Use Element Amendment/Rezoning application
(the reproduction submitted is not acceptable).
I
(3) An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
(4) Signature of applicant (owner) on page 6 of the
Annexation Application.
" ..
. ,
(5) Pursuant to item h(l) on page 4 of the Land Use Element
Amendment/Rezoning application, the potential square
footage which would be allowed under the proposed
zoning.
(6) Pursuant to item h(8) on page 6 of the Land Use Element
Amendment/Rezoning application, projections for the
number of employees.
IV. Proposed Retail/Oil Lube (2.44 acres) at the northeast
corner of West Boynton Beach Boulevard and Winchester Park
Boulevard owned by Winchester, Winchester, Zeiher and
Schroeder, a Florida General Partnership (applications fo~,
annexation, land use element amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
(1) since a portion of the proposed zoning category does
not comply with the text language for Planning Area 7.f
of the Future Land Use Element Support Documents, an
application for a Comprehensive Plan Text Amendment.
(2) An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
"--._-_._-_......_.._----------~--
TO: Kilday & Assoc.
-6-
Feb. 13, 1990
(3) Correct "Proposed Zoning" on page 3 of Annexation
application, as a County land use category has been
indicated instead of the proposed City zoning category.
(4) Pursuant to item h(l) on page 4 of the Land Use Element
Amendment/Rezoning application, the potential square
footage which would be allowed under the proposed
zoning.
(5) Pursuant, to item h(8) on page 6 of the Land Use Element
Amendment/Rezoning application, projections for the
number of employees.
V. Proposed Knuth Road Planned Commercial Development (13.871
acres) at the southwest corner of West Boynton Beach
Boulevard and Knuth Road owned by the Winchester Family
Partnership, Ltd. (applications for annexation, land use
element amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
, ~
. ~
(1) The correct fee for rezoning to PCD is $1,000 pursuant
to the City of Boynton Beach Land Development Fee
Schedule (a check in the amount of $900 was submitted).
(2) Since a portion of the proposed land use and zoning
categories does not comply with the text language for
Planning Area 7.j of the Future Land Use Element
Support Documents, an application for a Comprehensive
Plan Text Amendment.
(3) An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
(4) Signature of applicant is missing from page 6 of I
Annexation Application (copy of owner's authorization
signed by Bill R. Winchester).
(5) A tree survey which conforms to the requirements of the
City of Boynton Beach Tree Preservation Ordinance (see
section 7.5 - 6tl(b) of Article I of the Environmental
Regulations).
(6) Pursuant to item h(l) on page 4 of the Land Use Element
Amendment/Rezoning application, the potential square
footage which would be allowed under the proposed
zoning (total for entire peD).
I'
I
TO: Kilday & Assoc.
-7-
Feb. 13, 1990
(7) Pursuant to item h(8) of the Land Use Element
Amendment/Rezoning application, projections for the
number of employees.
(8) Pursuant to item h(ll) on page 7 of the Land Use
Element Amendment/Rezoning application, conformance
with the requirements for Unified Control outlined in
Section 6.F.3 of Appendix A-Zoning and submittal of a
subdivision master plan pursuant to Article VIII,
Section 4 of Appendix C-Subdivisions, Platting.
VI. Proposed Boynton Beach Boulevard Planned Conmmercial
Development (14.76 acres) on the south side of West Boynton
Beach Boulevard owned by University of Florida Foundation,
Inc. (applications for annexation, land use element
amendment and rezoning).
The following items must be submitted in order to complete
the above-referenced applications:
( 1 )
( 2 )
( 3 )
( 4)
( 5)
( 6 )
( 7 )
The correct fee for rezoning to PCD is $1,000 pursuant:
to the City of Boynton Beach Land Development Fee
Schedule (a check in the amount of $900 was submitted).
\ ~
Since the proposed land use and zoning category does
not comply with the text language for Planning Area 7.k
of the Future Land Use Element Support Documents, an
application for a Comprehensive Plan Text Amendment.
An additional copy of the property owners' list, tax
maps (photocopy acceptable) and affidavit.
A tree survey which conforms to the requirements of the
City of Boynton Beach Tree Preservation Ordinance (see
section 7.5 - 6.1 (b) of Article I of the Environmental
Regulations.
I; ,
Pursuant to item h(l) on page 4 of the Land Use Element
Amendment/Rezoning application, the potential square
footage which would be allowed under the proposed
zoning (total for entire PCD).
Pursuant to item h(8) on page 6 of the Land Use Element
Amendment/Rezoning application, projections for the
number of employees.
Pursuant to item h(11) on page 7 of the Land Use
Element Amendment/Rezoning application, conformance
with the requirements for Unified Control outlined in
TO: Kilday & Assoc.
-8-
Feb. 13, 1990
Section 6.F.3 of Appendix A-Zoning and submittal of a
subdivision master plan pursuant to Article VIII,
Section 4 of Appendix C-Subdivisions, Platting.
(8) Signature of Owner/Trustee is missing from page 7 of
the Land Use Element Amendment/Rezoning application.'
Pursuant to Chapter 163.3187 F.S., none of the applications
submitted meet the criteria for small scale development
activities as a result of the text amendments that are necessary
and the fact that an amendment cannot involve the same property
more than once a year or the same owner's property within 200
feet of property granted a change within a period of 12 months.
It appears likely that several of these applications, either
separately or when considered together, may constitute a
Development of Regional Impact (DRI). Therefore, a description
of the petitions, a map showing same, and a tabulation of the
acreages will be forwarded to the City commission. The
Commission will need to decide whether a binding letter should 'be
requested from DCA regarding DRI status.
. ~
. ~
If the City Commission approves the transmittal of these
applications to DCA, you will be required to submit to the
Planning Department, prior to transmittal, a description of the
availability of and demand on public facilities pursuant to
9J-ll.006(1)(b)4 of the Florida Administrative Code.
If you have any questions concerning the above, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNT~N~~ACH
r!~~
JAMES J. GOLDEN
Senior City Planner
..
JJG:frb
cc: City Manager
Central File
bee: Alan ~hhl~, PBCty Tra~fie Dept
Kilday
, I
''''':''' '-'~'~--""""'7J'"'Ifi;.---~'~-~-'-' -"-'-->~", .~. .;.....1'
- ".-; .~~~,_.'t..__..,.,. ~",._,~,~-_..- - -'-""r", . ~"";" -- --r--~." '.'i'"
;,~ "'t "~."
Kilday &- Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(4071 689-5522 · Fax: (407) 689-2592
:lr. IlL1 Golden, ~:enior City Planner
Citv of Boynton B(~ach
12(1 I:. E,(\"ntcn Beacn EoulGvard
DATE
January 31, 1990
PROJECT NAME 799. subni ttal s
ATT
PROJECT NUMBER
WE TRANSMIT:
Q HEREWITH
o UNDER SEPARATE COVER VIA
THE FOllOWING:
o PRINTS 0 SPECIFICATIONS 0 ADDENDUM
DTRACINGS/SEPIAS [:J SUBMITTALS 0 CHANGE ORDER
D SHOP DRAWINGS DcoPY OF LETTER 0
THIS IS TRANSMITTED TO YOU:
ACTION CODE:
Cd FOR APPROVAL 0 FOR REVIEW & COMMENT
o FOR YOUR USE D AS REQUESTED
A REVIEWED
B NOT REVIEWED
C REVIEWED & NOTED
o RESUBMIT
E DO NOT RESUBMIT
F RESUBMIT FOR FILES
NO OF DATE DRAWING DESCRIPTION/REMARKS ACTION
COPIES OR ITEM NO CODE
1 ~,1ALL SC.t.-r"~lE~ r ?\.:;~CEL - linnexa tion, Land Use
~.
arl,j ~oning
", PROOOEEl' SER'ilICl:' STATION - Annexation, Land
~.. . J
Use an(' Zoninq
3 . 'Il',LL CC1PI.IJI::R ClESTAURAnT) - 2\.nnexa tion, La,nd
Use a :1(: ~:onins
4. PROPOSED RETAIL/OIL LUBI'- l,rmexa tion, T ~
.L,ant,
D'se ane.< Zon inrJ
c:; EOYHTOh };EACL BINDJ},WJTH RD-A1tNB~xation,
-' .
Land Use and :3on iner
( . UNIVERSI':'Y OF' PLl\ . TRUSri' pi\RCr;L - Anne::a t j on
Lar~c1 Cso and -;:;- .
.on19'J
I
HI:CEIVrD EY: ;
. ,
Di\ri.'E:
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE.
COPIES TO
WITH ENCLOSURE
o
o
o
o
o
FILE CODE
SHOP DRAWING DIV
SIGNED
Kilday & A880Clates
Landscape Architects/Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
/407} 689-5522 · Fax: 1407} 689-2592
January 31. 1990
Mr. Jim Golden. Senior City Planner
City of Boynton Beach
120 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE:
Proposed
Rezonings
Annexations,
Land
Use
Designations.
and
Dear Mr. Golden,
Attached you will find six applications for a variety of
Annexations, Land Use Designations and Rezonings. While each
of these parcels have separate and distinct proposals, they
share some similarities which are addressed herein.
While the Winchester family has some involvement in all of
the parcels, the ownership of the parcels varies. In many
cases. t'lr. and Mrs. Winchester have additional partners in
the parcels necessitating that each application be considered
separately and distinctly. I make this notation due to our
previous discussion regarding "aggregation" and its effect on
possible future Development of Regional Impacts.
After giving you time to make a preliminary review of these
applications, I will set up a formal meeting with yourself,
myself, and Mr. Michael Schroeder, att.orney for the
Winchester's and, in fact. applicant on some of these
parcels. At that. time, we can review t.he specific language
of State Ordinances regarding "aggregation" and make a
determination as to whether this section of the Ordinance
applies to any or all of these properties.
Additionally. I have submitted site plans and Site Plan
Review data sheets for all of the projects except the large
annexation (Mall South). We are not requesting site plan
approval for any of the projectsat this time. However, due to
the special regulations required for some of the uses and our
desire to indicate intensity of the proposed use (which
relates to the traffic study submitted as part of the
rezoning requests), we believed this information was
necessary tor zoning purposes. Separate applications for site
plan approval will be made at a later date.
-~-- --~-~~-----~- ---~"-------------- ----- ~-~
!1r. .1im Golde'!.
.January.31. 1990
Page 2
Addressing the specific requests before you. the following
should supplement the applications:
1. Mall South Parcel This 49 acre parcel of property is
only seeking Annexation, Land Use Designation, and
Zoning consistent with the adopted Comprehensive Plan of
Boynton Beach, There are no development plans tor this
parcel at this time. In the past, there has been
discussion whether development of this site will
constitute a Development of Regional Impact. That
determination cannot be made until the petitioner
develops specific plans for future construction on this
site. There are no plans at this time. The application
clearly indicates that the site will require ultimate
rezoning to Planned Commercial Development at which time
the Development of Regional Impact thresholds can be
assessed.
This Annexation. Land Use Designation and Zoning is
identical to the rezoning of 450 acres of Foundation
property which occurred approximately two years ago in
Palm Beach County. At that time, Palm Beach County
designated this 450 acres as lL-Light Industrial Zoning.
The undestanding at that time was that future
development of the site would require submittal of a
Special Exception for a Planned Industrial Development
or further rezoning to a Planned Industrial Park
Development Zoning District. For that reason, this
parcel was not deemed a Development of Regional Impact
at that time. The property is currently zoned in
accordance with the Land Use Plan although stil I vacant.
A determination of Development of Regional Impact
thresholds will occur at such time as this property
actually makes plans for development.
2. Proposed Service Station This application includes
Annexation. Land Use Designation. and Rezoning. In our
past conversations. references were made to special
language contained within the Comprehensive Plan
regarding the property south of the Boynton Mall (Area
7f). have carefully read this section. It includes
the fol lowing verbiage, "...particular requirements of
the City should be that these parcels be annexed prior
to development. that parcels be developed as planned
zoning districts...". This statement raises the
question as to whether al I parcels must be zoned and
developed as Planned Commercial Developments. As you
are aware. the Planned Commercial Development Zoning
District requires a minimum of three acres. Three of
the applications within this area do not meet this
requirement. Therefore, the Planned Commercial
Mr. Jim Golden
Januarv -31. 1990
Page 3
Development Zoning District could not apply to these
sites. I would note the critical word in this statement
is "should" as opposed to "shal l". I do not believe
that any text amendment is necessary to accommodate the
rezoning of these parcels to C-3. In fact. the City's
Code requires specific site plan approvals for any
development occuring in these commercial districts and.
in tact. the goals and intent of the Planned Commercial
District will be achieved through those reviews.
The proposed use of a Service Station is a permitted use
within the C-3 Zoning District. However. due to the
fact that there are special regulations, a site plan has
been submitted with this application.
3. Mal I Corner (Restaurant) The issues discussed above
regarding the Service Station apply also to this parcel.
This parcel is less than three acres in size negating
its ability to be rezoned to a Planned Commercial
Development. Therefore. the petitioner is requesting
the Commercial C-3 Zoning which would allow the
establishment of a Restaurant on the site. A Restaurant
is a permitted use within this zoning district.
However. for the establishment of the specific
intensity. a site plan has been submitted along with
additional site development information.
4. Proposed Retail/Oil Lube Site tBoynton Beach Boulevard
and Winchester Park Boulevard) - This application is
somewhat unusual in that a portion of the site is
already located within the municipal boundaries of the
City of Boynton Beach. In this case. that property is
already zoned Commercial C-3. The petitioner will be
rezoning the balance of the site to C-3 to make the
zoning consistent throughout the entire parcel.
The Boynton Beach Zoning Code does not address uses such
as a Quick Oil Change facility. Clear'ly, this tacilit_y
does not meet the definition in the Zoning Code for
11ajor Auto Repair. Therefor'e. it is assumed that it is
a permitted use las are Service Stations) in the C-3
Zoning District. I will be happy to discuss this matter
with you more tully.
5. Boynton Beach Boulevard/Knuth Road Site - This parcel.
in addition to an Annexation request. will require an
amendment to the Boynton Beach Comprehensive Plan to
change the existing Land Use Designation. The
petitioner is requesting a designation of Local Retail
Commercial. This property is currently designated as
Local Retail Commercial. in part. and Noderate Density.
Mr. Jim Golde..
January 31. 1990
Page 4
in part. The petitioner is requesting that the entire
parcel be designated as Local Retail Commercial. Within
Palm Beach County the property is designated Commercial
(High Intensity), in part. and Commercial Recreation in
part.
Additionally, because this property does exceed three
acres, the petitioner is requesting Rezoning of the
property to the Planned Commercial Development Zoning
District. Again. a site plan has been submitted for the
purpose of designating the proposed land use intensity
consistent with the traffic study which accompanies the
application. Final plans for site plan review wil I take
place at a later date.
6. University of Florida Trust This parcel is similar to
the Knuth Road parcel in that a Land Use Amendment to
the Comprehensive Plan will be required. Both the
Bovnton Beach and the Palm Beach County Comprehensive
Plans designate this property as High-Density
Residential. The petitioner is requesting that a
designation of Local Retail Commercial be established
for the site in its entirety. Again, this property is
ot sufficient size to al Iowa request for the Planned
Commercial Development Zoning District.
While al I of the attached
specific. I believe this cover
to assist you in their review.
applications are complete and
letter helps provide a summary
My clients are concerned that these applications move forward
in an organized and consistent effort. Therefore, Mr.
Winchester, Mr. Schroeder, and/or myself wil I be available at
any time should you have any questions regarding these
matters. As previously indicated, I wi Ii contact your office
Shortly to arrange a meeting between yourself and my clients
to review these applications and answer any questions.
However. believe you need adequate time to make your own
preliminary review prior to us getting together.
As indicated in your Comprehensive Plan, al I of these parcels
of property belong within the jurisdication of the City of
Boynton Beach. We anticipate that these properties will make
a significant contribution to the tax base of the City
helping to relieve some of the burden on the residents.
Thank you very much for your assistance in this matter to
-----.-------.---..-------.-...,- ._--,.._-----_.__.--------,--~------- ------.
Mi'. Jim Golden
January 31. 1990
Page 5
date.
future.
am
looking forward
Sincerely..
KJK/lsk
c. c.
Gene Moore
Bi 11 Winchester
Michael Schroeder
File
to working with you in the
K.S, ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
January 31, 1990
Mr, Lindsey Walters
Kilday & Associates
1551 Forum Way
Building 100A
West Palm Beach, FL 33402
RE: Proposed Service Station
Old Boynton Road and Congress Avenue
Water Useage
Dear Lindsey:
At your request, this office has projected the water and sewer
demand for the above project. A 1,104 square foot food mart /
self service gasoline station and a 561 square foot self service
car wash are planned for this site, Using the Palm Beach County
Health Department's flow rate of 0,1 gallons per day per square
foot of floor area for the food mart and an assumed flow of 2,250
gallons per day for the car wash (300 car washes per day at 75
gallons per wash at 90% recovery) this establishment can be
expected to generate an average daily flow of 2,360 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 t s
Comprehensive Plan,
Mr. Lindsey Walters
January 31, 1990
Proposed Service Station
Page Two
Typicall y, there is very 1 i ttl e 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 irr igation
water is planned to be from on-site wells.
Very truly yours,
~~~:.
KSR/jr
. .~-'~,.~-_._._---_..._-_...__._._----,.~-_._-------