CORRESPONDENCE
CORRESPONDENCE!
LETTERS
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent 1. Kastarlak, NeARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
June 9, 1998
Ms. Ellen Smith
Unruh, Smith and Associates, Inc.
105 S. Narcissus Avenue, Suite 503
West Palm Beach, Florida 33401
Dear Ms. Smith:
Accompanying this letter, I am providing you with an excerpt of the Objections,
Recommendations and Comments (ORC) Report received from the Florida Department of
Community Affairs on your applications for the two proposed Future Land Use Plan
amendments, Please prepare a complete response to these objections and forward to me within
ten (l0) working days. As I will assist you or your staff with this effort, please contact me if you
have any questions.
Sincerely,
I'-'o.-/U 7~
Michael W. Rumpf
Acting Director of Planning and Zoning
MWR:bme
cc: Central File
s:\projects\Firs~; Baptist Church\corres\ORC memo
America's Gateway to rhe Gulfstream
100 East Boyntoo Beach Blvd.. P.O. Box 310 Boyntoo Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN AMENDMENT 98.1
CITY OF BOYNTON BEACH
I. CONSISTENCY WITH RULES 9J-5 AND 9J-ll., F.A.C., & CHAPTER 163., F.S.
The City of Boynton Beach has proposed three amendments to its Future Land Use Map
(FLUM). The Department has identified some concerns with all the amendments:
Case No.1: This is a requestto revise the FLUM designation on a 14.18-acre site from
Moderate Density Residential which allows 4.84 to 7.26 dwelling units per acre to Local Retail
Commercial.
Objection:
I. The public facility analysis provided mentions only that there is existing capacity to
accommodate the proposed land use change. However, the amendment is not supported
by an adequate public facility analysis which utilizes the City's adopted level of service
standards to determine the public facility demand created by the proposed land use
designation, based on the maximum development allowed under the proposed designation
and comparing it with the public facility demand under the current designation, to
indicate any surplus capacity or deficit that might occur. Section 163.3177(6); Rule 9J-
5.005(2)(a) and (c), 9J-5.006(2)(a);(3)(b)I., and (3)(c)3.; 9J-5.01I(1)(f)I.; and 9J-
5.016(3)(c)6., F.A.C.
2. The proposed change is from Moderate Density Residential which allows 4.84 to 7.26
dwelling units per acre to Local Retail Commercial. However, the Local Retail
designation to which it is changing is not properly defined in the plan (Future Land Use
Element Policy, 1.16.1). Although this policy lists the type of uses allowed in this
category, it does not indicate the intensity of use to be implemented. The category allows
high density residential developments (maximum 10.8 units per acre) as well as mixed
use developments without specifying the type and proportion (i.e, the percentage
distribution) of the mix of uses and the intensity standards to be implemented in this land
use category. Future Land Use Element, Policy 1.16.3 which attempts to establish
intensity standards for non-residential uses is vague because it states that "maximum
floor/area ratio in non-residential land use categories shall be limited by the maximum lot
coverage, the maximum height, and the parking, landscaping, and storm water retention
requirements contained in the City' > Code of Ordinances" without specifying in the plan
the intensity standards to be applied. In the absence of the intensity standards to be
applied to the commercial designation, as well as the proportion of mix for the mixed
1
uses, it will be impossible to conduct a public facility analysis and planning based on the
maximum development allowed by the Local Retail category. Section 163.3177(6)(a);
Rule 9J-5.006(3)(c)1., 7.; (4)(a)2., and (4)(c), F.A.C.
Recommendation:
I. Include, with the amendment, an adequate data and analysis of the public facilities
demands created by the proposed land use change based on the City's adopted level of
service standards and the maximum development allowed under the proposed
designation, and comparing the existing demand with the demand under the proposed
designation, to indicate any surplus capacity or deficit that might exist. If there is a
deficit the analysis, should indicate how the deficit will be addressed.
2. Revise the definition of the Local Retail Commercial category (policy 1.16.1), based on
adequate and relevant data and analysis, to indicate the intensity standard to be
implemented for the commercial uses allowed under this designation, Furthermore,
specify the proportion (Le, the percentage distribution) of the mix of uses to be
implemented in this category. In the absence of the intensity standards to be applied to
the commercial designation, as well as the proportion of mix for the mixed uses, it will be
impossible to conduct public facility analysis and planning based on the maximum
development allowed by the Local Retail category.
---
.--
Case No.2: This is a request to change the FLUM designation on a 23-acre site (yet to be
annexed) from Medium Density Residential (County designation) which allows 5 dwelling units
per acre to Low Density Residential which allows 4.84 dwelling units per acre.
"
U
, ,.~.:..'
- I I,
Objection: According to the supporting documentation, the subject property is yet to be annexed
into the City. Pursuant to Section 163.3171, Florida Statutes (F.S.). "a municipality shall
exercise authority under this act for the total area under its jurisdiction". The City, by proposing
land use change to an area yet to be annexed it is planning for an area that is not within its
jurisdiction which is inconsistent with the law. A municipality can plan for an area outside its
jurisdiction if there is a joint planning agreement formally stated and approved in appropriate
official action by the governing bodies involved.
Furthermore, prior to any consideration of a plan amendment by a municipal governing
body pursuant to Sections 163.3184(3), 163.3187, and 163.3174(1), F.S, the local government is
to provide notice and conduct a public hearing in which only affected persons (i.e., those owning
property, residing, or owing and operating business within the boundaries of the local
government) shall participate. Thus, conducting a public hearing, involving land outside a
municipality is prohibit(d by law. Chapter 163.3171,163.3174(1), 163.3184(1)(a), and (3), and
163.3187, F.S., and 9J-5.004., 9J-5.005(8), F.A.C.
2
!
\
,
Recommendation: It is recommended that the City should not adopt the proposed amendment
until the annexation process has been completed. Upon completion of the annexation period, the
, City can then propose to change the land use; until then the County's designation will continue to
: be applicable to the annexed property.
"
Case No.3: This is a request to change the FLUM designation on a 66.16- acre site from
Moderate Density Residential to High Density Residential.
Objection: The public facility analysis provided mentions only that there is existing capacity to
accommodate the proposed land use change. However, the amendment is not supported by an
adequate public facility analysis which utilizes the City's adopted level of service standards to
determine the public facility demand created by the proposed land use designation, based on the
maximum development allowed under the proposed designation and comparing it with the public
facility demand under the current designation, to indicate any surplus capacity or deficit that
might occur, Section 163.3177(6); Rule 9J-5.005(2)(a) and (c), 9J-5.006(2)(a);(3)(b)1., and
(3)(c)3.; 9J-5.011(1)(f)1.; and 9J-5.016(3)(c)6., F.A.C.
Recommendation: Include, with the amendment, an adequate data and analysis of the public
facilities demands created by the proposed land use change based on the City's adopted level of
service standards and the maximum development allowed under the proposed designation, and
comparing the existing demand with the demand under the proposed designation, to indicate any
surplus capacity or deficit that might exist. If there is a deficit the analysis, should indicate how
the deficit will be addressed.
II CONSISTENCY WITH STATE COMPREHENSIVE PLAN
The proposed amendments do not adequately address and further the State
Comprehensive Plan including the following goals and policies (Chapter 163.3177(9), F.S.):
Land Use Goal 16(a) and Policy (b)3 and 6., regarding functional mix and the character of urban
areas, and the availability of water to meet demands; and
Public Facilities Goal (18)(a) and Policies (b)5., and 6., regarding the provision of public
facilities.
Recommendation: Revise the amendments, as indicated earlier, so as to be consistent with the
above cited goals and policies for the State Comprehensive Plan.
3
LAWI'Ol'I CHILES
OOVEMOK
DEPARTMENT OF TRANSPORTATION
FWRIDA
Mr. Ray Eubanks, Planning Manager
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, f1..0RIDA 33309-3421
(954) 7774593 i ~ [% '~ ~
DIVISION OF I' 0 I '
PLANNING AND PROGRAMS I
! '1,1 e
March 17, 1998 L v_,.
~, FLA",;,::;:sm
'- ~~ '"'''' C'"
~J~ fD) ~ @ rn 0 W !~
~ IJ1J toM 2 0 1998
THOMAS f. BARKY:. Jr.
SECRETARY
,
,
SUBJECT: PRELIMINARY REVIEW RECOMMENDATIONS
LOCAL GOVERNMENT: City of Boynton Beach 98-1
RPM BSP
Pl^N pr,OC[SSI~!G F '
Dear Mr. Eubanks:
The Department has reviewed the documents for the proposed Comprehensive Plan Amendment
for the City of Boynton Beach. The amendment proposes to reclassify 14.16 acres from moderate
density residential to local retail commercial; reclassify 23 acres.from medium residential to low
density residential; and reclassify 66.16 acres from moderate density residential to high density
residential. There is no traffic analysis included to determine the potential impacts from these
amendments.
Since two of the three amendments will intensify development, the Department requests a formal
review. Thank you for the opportunity to review this amendment.
Sincerely,
~J~
Joseph M. Yesbeck, P.E.
District Director
Planning and Programs
JMY/rr
cc: B. Romig, FDOT Central Office
R. Wilburn, DCA
G. Schmidt, FDOT-4
1. Ander3on, FDOT-4
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Council Members
AGENDA ITEM 4B
From: Staff
Date: April 17, 1998 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 98-1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that the Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planiring council, or an affected
person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests DCA to prepare an ORC Report, then the Council must provide
DCA with its own objections, recommendations for modification and comments on the
proposed amendment within 30 days of its receipt.
BacklITound
The City of Boynton Beach has proposed three amendments to its Future Land Use Map
(PLUM). Information on the properties which are subject to the proposed amendments is
provided in Table 1 and the location of each property is shown on the attached maps:
The City has not requested a formal review of the proposed amendments, concluding that
the amendments are consistent with the City Comprehensive Plan and that adopted level
of service standards will not be exceeded. However, on March 27, 1998, the DCA
notified the City that a formal review would he carried out.
Table 1
City of Boynton Beach Comprehensive Plan
Future Land Use Map Amendments
DCA Reference No. 98-1
#2
23.0 Medium
Residenti.I-5 ·
66.2 Moderate Density
Residential
Low Density
Residential
High Density
Residential
Northeast quadrant of intersection of
Miner Road and Lawrence Road
Northwest quadrant of intersection of
Woolbright Road and 1-95
#3
Total Acreage 103.4
· Palm Beach County FLUM Designation. Property recently annexed.
Evaluation
Amendments # I & 3 are evaluated together because they are part of the same original
PUD and are located adjacent to each other,'in the northwest quadrant of the intersection
of Wood bright Road and 1-95. The property in Amendment # I is presently vacant, and
is 'surrounded by a stormwater retention lake to the north, a shopping center and
restaurant to the south, single-family detached homes to the west and an apartment
complex (part of amendment # 3) and vacant land to the eaSt. FLUM Designations are
Medium Density Residential to the north, west and east, and Local Retail Commercial to
the south.
Amendment # 3 includes lands which have already been developed for residential
purposes (both apartments and single-family homes). Surrounding land uses include
single-family detached homes to the north and west, some vacant land and a shopping
center to the south, and vacant land and the rights-of-way for a rail line and 1-95 to the
east. Surrounding FLUM designations include Low Density Residential to the north,
Medium Density Residential to the west, Local Retail Commercial to the south, and High
Density Residential to the east.
The property in amendment # I belongs to a religious organization which envisioned the
construction of a church and school on site. However, the organization elected to
maintain its church and related facilities at its downtown location and the subject
property is now to be used for a health care "campus," with a nursing home, an adult
congregate liviIJ.g facility and a medical office building. Since office uses are not
permissible in a residential distri:t, the City proposes to apply a designation of Local
Retail Commercial to this property. The City indicates that the proposed uses are
compatible with surrounding uses and that the City Housing Element promotes the
approval of adult congregate living facilities if compatible with the neighborhood.
Although the City Comprehensive Plan recommends against designation of additional
2
land as Local Retail Commercial, the proposed use qualifies as an exemption because of
its nature.
The property in amendment # 3 is subject to a settlement agreement between the City and
a PUD developer. According to City staff, the controversy leading to the settlement
agreement had to do with development of the commercial property to the south
(originally under joint ownership) and the overall residential density to be permitted.
Under the settlement agreement, the developer-has the authority-to-build 687 units, but
the eJdsting FLUM designation would allow only 479 units. There are no actual impacts
as a result of this amendment, since the 66 acres is already entirely developed. The
proposed designation more accurately reflects the actual density as developed.
Amendment # 2 is a 23 acre parcel presently used for agricultural purposes. Its existing
FLUM designation is Medium Residential-S, a County designation. The property is
being annexed by the City. Surrounding land uses include single-family residential
homes to the north, east, and south, although a canal and right-of-way buffer the property
to the south. A mobile home park is located to the west. Surrounding FLUM
designations are Low Density Residential to the north, south and east, and Medium
Residential-S (County designation) to the west. The City designation would allow a few
less units then the County designation, if developed to the maximum density.
Extrajurisdictional Impacts
The amendments were reviewed through the Palm Beath Intergovenunental Plan
Amendment Review Committee Process in December of 1997.' According to the
Clearinghouse Coordinator, no objections were received regarding the proposed
amendments.
Effects on Regional Resources or Facilities
There would appear to be no significant effects on regional resources and facilities as a
result of these amendments.
Objections, Recommendations for Modification, and Comments
A. Objections
I. None
B. Conunents
1. The proposed land uses in amendment # I provide a positive change to the
existing land use mix of the area. However, Council staff questioned the City
regarding the designation of Local Retail Commercial, since no retail uses are
proposed. The City's response was that Local Retail Commercial allowed for the
proposed office use, that existing land designated as Local Retail Commercial was
3
located adjacent to the south, and that the City did not desire to "spot" a new
designation at this location. Given the City's acknowledged overab'mdance of
land designated for local retail commercial use, it would seem to be more prudent
to establish a new FLUM category entitled Medical Facilities or Institutional
Medical.
Recommendation
Council should adopt the above comments and approve their transmittal to the
Department of Community Affairs.
Attachments
4
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DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planning and Zoning
C.ity of Boynton Beach
03/02/9&
0410319&
05/05/9&
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
9J-5.oo6(2)(a)
OBJECTION: The traffic study included for this amendment did not address the impact of project traffic on
1-95 (SR-9), a Florida Intrastate Highway System (FIRS) facility. Although project traffic does not directly
access 1-95, it is distributed to both Boynton Beach Boulevard and Woolbright Road which have interchanges
with 1-95. The level of service (LOS) on 1-95 was not analyzed with and without the proposed amendment.
The section ofI-95 between Woolbright Road and Boynton Beach Boulevard is designated "Maintain" status.
Maintain means that continuing operating conditions at a level such that significant degradation does not occur
based on conditions existing at the time of local government comprehensive plan adoption. Significant
degradation means anything over a 10% increase in average daily two-way traffic or a 10% reduction in
operating speed in the peak direction.
RECOMMENDATION: Analyze the level of service (LOS) on 1-95 with and without the proposed
amendment. Check the 1989 Comprehensive Plan to compare whether the 10% increas~ frnm 1989 has been
exceeded. If the project negatively impacts 1-95 and the 10% increase has been exceeded, mitigation should
be discussed.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
REVIEWED BY:
Gustavo Schmidt. P.E.
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
John Anderson. AIC.?
1
- .-.-.. -----
:~~t~~~J;:):::::~~~:';;:~m~~~
DISTRICT 4, DEPARTMENf OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPOl SIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL -G0VERNMENT:' ---
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannine- and Zoninf
C.ity of Boynton Bf".ach
03102/98
04103/98
05105/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
9J-5.oo6(2)(a)
OBJECTION: The traffic study for this amendment did not address the impacts to the LOS on S.W. 8th
Street. Traffic from the proposed development directly accesses S.W. 8th Street which the City has set a LOS
"c" per Objective 2.1 in the Traffic Circulation Element. S.W. 8th Street proVides a north-south connection
between Boynton Beach Boulevard and Woolbright Road, both of which provide access to 1-95, a FillS
facility. .
RECOMMENDATION: Provide data and analysis which address the average daily and peak hour LOS for
S.W. 8th Street with and without the proposed amendment. Provide volume to capacity data showing that
the proposed development will not negatively impact the City's adopted LOS "c" for S.W. 8th Street.
REVIEWED BY:
Gustavo Schmidt P R
PHONE: 954-777-4601
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
Renee Rosselot
REVIEWED BY:
John Anderson ATC.P
2
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin!.' and Zonine-
City of Boynton Bf"~ch
01/02/98
04103/98
05105/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
9J-5.oo6(2)(a)
OBJECTION: The traffic study prepared for this amendment fails to analyze the maximum potential impact
of the proposed land use change to Local Retail Commercial. Uses permitted in this category, including
Shopping Center, would generate significantly more trips than what is curnintly proposed. This potential
impact may have a negative effect on the adjacent roadways, particularly SHS and FIHS facilities. Although
the City indicates an intent to deed restrict the site to the uses, proposed by the applicant, the potential still
exists for a more intense development based on the permitted uses allowed in the Local Retail Commercial
category. FDOT notes that the City's Future Land Use Element does include an Office Commercial category
which permits the uses proposed while reducing the maximum potential intensity of development.
RECOMMENDATION: Provide a traffic impact analysis for both peak hour and average daily trips based
on the maximum potential intensity of development with and without the proposed land use amendment.
Analyze the potential impacts to Boynton Beach Boulevard and 1-95 which are SHS and FIHS facilities to
ensure that these roads will not be negatively impacted by this amendment. Consider designating the site as
Office Commercial which would not only accommodate the proposed use but would ultimately limit the
intensity of development and enhance potential compatibility with the neighborhood residential character of
the area.
REVIEWED BY:
Renee Ro~~elot
PHONE: 954-777-4601
REVIEWED BY:
John Ander~on. AICP
PHONE: 954-777-4601
REVIEWED BY:
GlI~tJIVO Schmidt. P E.
PHONE: 954-777-4601
3
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannine- and Zoninf
City of Boynton Beach
01-ffiZf98 -- --
04/03/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#3 Woolbright Place PUD (LUAR 97-004)
RULE DEFICIENCY:
9J-5.006(2)(a)
OBJECTION: The amendment application does not provide any data and analysis to support the City's claim
that designating this 66 acre parcel High Density Residential (9.68 - 10.8 dulac) will not negatively impact the
LOS on the affected roadways. No traffic study was provided for this amendment.
RECOMMENDATION: Provide a traffic study for this amendment which will address the average daily
and peak trips generated by the existing development on this site and the trips generated by the maximum
allowable density under the proposed High Density Residential land use category. Determine the potential for
any additional impacts on the affected roadways. Provide supporting data which ensures that this amendment
will not adversely impact the LOS on the affected roadways, particularly SHS and FillS facilities.
REVIEWED BY:
Renee Ro~~elot
PHONE: 954-777-4601
REVIEWED BY:
John Anderson AICP
PHONE: 954-777-4601
REVIEWED BY:
Gll~tavo Schmidt. P E.
PHONE: 954-777-4601
4
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Marjory Stan.i""~ Dougla. !)uilding
3900 Comm""~eaIth Boulevard
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Secretary
lMJ;y 8, 1998
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Mr. D. Ray Eubllllks! '
Depl11ment ofCollllllWlity Affairs ,. '
BilrelSl of Local PlIl1llUgI .
2~SS Shultu.rclOakBoulevaro ;, ['i
Tallabassee, FlOrida 32399-2100 ;;'
Re: PropoHdAmendment to the BO~Beach Jrnprehensive Plan, DCA 98-1
. 1,'
Dear Mr. Eubanks: , .,', I ;l ,
. . Tho Office of Intergov01'lllDeplal ~ams ilf the Department ofEnvirolUl1ental
Pi'otection.hasnwiewed theabove..:ofcrCl1cedamenl1ment under the required provisions of · i
Chapter 163, Part II, Florida Statutu:1Cliapter :!9-J-5 and 9J' 1 t, Florida Administrative code.
Our .commenu and Tecomm~dations !IlO pr9Vided to assist your agency in deve10pinst?e
state's rcsponse.~.. ' '.1 '
WecOffi,. er no conunents on,lO, cal,'"..., ,.,. ,','.', '" " eDt,:it,em,' ,. S IWIIIberod 1 an.d 2; however, item "
number 3 will represeot a sizable pOl .' . . irib:_ :in'popu1ation density. And, although it has
been stated th&t all,ofthesoamendnililRts,t..Wouldinot cause the adopted levels of service .
~tandarcls to be exceeded," there ha5~noanalyilisofthe anticipated increase in water and,
~astew&ter demand to be placed "ri:th~syStems'! It is recommended .that an analysis of the
mcreased demand on potable waterUld,SlIIIJtary sewer systomsbe proVIded as requIred.
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Please:aU me at (850) 487.22.1Wyou ~Isny questions about this response.
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STATE OF FLORIDA
DE PAR T MEN T "0 F C OM M U NIT Y A F FA IRS
"Helping Floridians create safe, vibrant, sustainable communities"
LA wrON CHILES
Govemor
JAMES F. MURLEY
Secretary
June 4, 1998
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JUN _ 8 1998 i t.:J
PLANNING AND
ZONING DEPT.
The Honorable Jerry Taylor, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Dear Mayor Taylor:
The Department has completed its review of the proposed Comprehensive Plan
Amendment for the City of Boynton Beach (DCA No. 98-1), which was received on March 2,
1998. Copies of the proposed amendment have been distributed to appropriate state, regional and
local agencies for their review and their comments are enclosed.
I am enclosing the Department's Objections, Recommendations and Comments (ORC)
Report, issued pursuant to Rule 9J-ll.010, Florida Administrative Code (F.A.C.). The issues
identified in this ORC Report include inadequate public facility analysis and planning for an area
not yet annexed. It is very important that the adopted plan amendment addresses these issues and
all of the objections in the Department's ORC Report.
Upon receipt of this letter, the City of Boynton Beach has 60 days in which to adopt,
adopt with changes, or determine that the City will not adopt the proposed amendments. The
process for adoption of local comprehensive plan amendments is outlined in Section 163.3184,
F.S., and Rule 9J-l1.011, F.A.C. The City must ensure that all ordinances adopting comprehen-
sive plan amendments are consistent with the provisions of Section 163.3189(2)(a), F.S.
Within ten working days of the date of adoption, the City of Boynton Beach must submit
the following to the Department:
FLORIDA IDS
.Ana of Critical Stale Concern Field alike
2796 Ovmeas Higllway, Suite 212
Mar.llhon, Florida 33050.2227
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399,2100
Phone: 8S0.488.8466/Suncom 278.8466 FAX: 8S0.921.0781/Suncom 291.0781
I nternet address: http://www.state.fl.us/comaff/dea.htm I
GinN SWAMP
Area of Critical Slate Concern Field Office
155 East Surnmerlin
Bartow,Florilb )383(}...4Ml
SOUTH FLOIIOA RECOVERY OFFIO
P.O. Box 4022
860QN.W.3GlhSlreet
Miami, Florida ]]159-4022
Honorable Jerry Taylor
June 4, 1998
Page Two
..~
Three copies of the adopted comprehensive plan amendments;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, ifany, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's ORC
Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice ofintent.
In order to expedite the regional planning council's review of the amendments, and
pursuant to Rule 9J-I 1.01 1(5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the Treasure Coast Regional Planning Council.
Please contact Bernard Piawah, Planning Manager; Roger Wilburn, Community Program
Administrator; or Charles Gauthier, AICP, Growth Management Administrator, at (850)
487-4545 if we can be of assistance as you fonnulate your response to this Report.
;!1 'M StL:{)
.1 CI.<l. Thomas Beck, Chief
-; Bureau of Local Planning
JTBlbp
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Mr. Michael Rumpf, Senior Planner
Mr. Michael Busha, AICP, Executive Director, Treasure Coast
Regional Planning Council
DEPAR~ OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE CITY OF BOYNTON BEACH
Amendment 98-1
June 4, 1998
Division of Resource Planning
and Management
Bureau of Local Planning
nus report is prepared pursuant to Rule 9J-11.01O
,}
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of the City of Boynton Beach proposed 98-1 amendment to its comprehensive plan pursuant
to s. 163.3184, Florida Statutes (F.S.).
Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations. Some of these objections may have initially
been raised by one of the other external review agencies. If there is a difference between the
Department's objection and the external agency advisory objection or comment, the Department's
objection would take precedence.
The local government should address each of these objections when the amendment is
resubmitted for our compliance review. Objections which are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items which the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant
to Rule 9J-5.002(2), FAC., must be submitted. The Department will make a determination on the
non-applicability of the requirement, and if the justification is sufficient, the objection will be
considered addressed.
The comments which follow the objections and recommendations are advisory in nature.
Comments will not form bases of a determination of non-compliance. They are included to call
attention to items raised by our reviewers. The comments can be substantive, concerning planning
principles, methodology or logic, as well as editorial in nature dealing with grammar, organization,
mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are advisory to
the Department and may not form bases of Departmental objections unless they appear under the
"Objections" heading in this report.
I~'
OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN AMENDMENT 98-1
CITY OF BOYNTON BEACH
I. CONSISTENCY WITH RULES 9J-5 AND 9J-ll., F.A.C., & CHAPTER 163., F.S.
The City of Boynton Beach has proposed three amendments to its Future Land Use Map
(FLUM). The Department has identified some concerns with all the amendments:
"
Case No.1: This is a request to revise the FLUM designation on a 14. 18-acre site from
Moderate Density Residential which allows 4.84 to 7.26 dwelling units per acre to Local Retail
Commercial.
Objection:
I. The public facility analysis provided mentions only that there is existing capacity to
accommodate the proposed land use change. However, the amendment is not supported
by an adequate public facility analysis which utilizes the City's adopted level of service
standards to determine the public facility demand created by the proposed land use
designation, based on the maximum development allowed under the proposed designation
and comparing it with the public facility demand under the current designation, to
indicate any surplus capacity or deficit that might occur. Section 163.3177(6); Rule 9J-
5.005(2)(a) and (c), 9J-5.006(2)(a);(3)(b)I., and (3)(c)3.; 9J-5.011(1)(f)I.; and 9J-
5.016(3)(c)6., F.A.C.
2. The proposed change is from Moderate Density Residential which allows 4.84 to 7.26
dwelling units per acre to Local Retail Commercial. However, the Local Retail
designation to which it is changing is not properly defined in the plan (Future Land Use
Element Policy, 1.16.1). Although this policy lists the type of uses allowed in this
category, it does not indicate the intensity of use to be implemented. The category allows
high density residential developments (maximum 10.8 units per acre) as well as mixed
use developments without specifying the type and proportion (i.e, the percentage
distribution) of the mix of uses and the intensity standards to be implemented in this land
use category. Future Land Use Element, Policy 1.16.3 which attempts to establish
intensity standards for non-residential uses is vague because it states that "maximum
floor/area ratio in non-residential land use categories shall be limited by the maximum lot
coverage, the maximum height, and the parking, landscaping, and stormwater retention
requirements contained in the City's Code of Ordinances" without specifying in the plan
the intensity standards to be applied. In the absence of the intensity standards to be
applied to the commercial designation, as well as the proportion of mix for the mixed
1
uses, it will be impossible to conduct a public facility analysis and planning based on the
maximum development al\Qwed by the Local Retail category. Section 163.3177(6)(a);
Ru1e 9J-5.006(3)(c)1., 7.; (4)(a)2., and (4)(c), F.A.C.
Recommendation:
1. Include, with the amendment, an adequate data and analysis of the public facilities
demands created by the proposed land use change based on the City's adopted level of
service standards and the maximum development allowed under the proposed
designation, and comparing the existing demand with the demand under the proposed
designation, to indicate any surplus capacity or deficit that might exist. If there is a
deficit the analysis, should indicate how the deficit will be addressed.
"
2. Revise the definition of the Local Retail Commercial category (policy 1.16.1), based on
adequate and relevant data and analysis, to indicate the intensity standard to be
implemented for the commercial uses allowed under this designation. Furthermore,
specify the proportion (Le, the percentage distribution) of the mix of uses to be
implemented in this category. In the absence of the intensity standards to be applied to
the commercial designation, as well as the proportion of mix for the mixed uses, it will be
impossible to conduct public facility analysis and planning based on the maximum
development allowed by the Local Retail category.
Case No.2: This is a request to change the FLUM designation on a 23-acre site (yet to be
annexed) from Medium Density Residential (County designation) which allows 5 dwelling units
per acre to Low Density Residential which allows 4.84 dwelling units per acre.
Objection: According to the supporting documentation, the subject property is yet to be annexed
into the City. Pursuant to Section 163.3171, Florida Statutes (F.S.). "a municipality shall
exercise authority under this act for the total area under its jurisdiction". The City, by proposing
land use change to an area yet to be annexed it is planning for an area that is not within its
jurisdiction which is inconsistent with the law. A municipality can plan for an area outside its
jurisdiction if there is a joint planning agreement formally stated and approved in appropriate
official action by the governing bodies involved.
Furthermore, prior to any consideration of a plan amendment by a municipal governing
body pursuant to Sections 163.3184(3), 163.3187, and 163.3174(1), F.S, the local government is
to provide notice and conduct a public hearing in which only affected persons (Le., those owning
property, residing, or owing and operating business within the boundaries of the local
government) shall participate. Thus, conducting a public hearing, involving land outside a
municipality is prohibited by law. Chapter 163.3171, 163.3174(1), 163.3184(1)(a), and (3), and
163.3187, F.S., and 9J-5.004., 9J-5.005(8), F.A.C.
2
Recommendation: It is recommended that the City should not adopt the proposed amendment
until the annexation process has been completed. Upon completion of the annexation period, the
City can then propose to change the land use; until then the County's designation will continue to
be applicable to the annexed property.
Case No.3: Ibis is a request to change the FLUM designation on a 66.16- acre site from
Moderate Density Residential to High Density Residential.
..
Objection: The public facility analysis provided mentions only that there is existing capacity to
accommodate the proposed land use change. However, the amendment is not supported by an
adequate public facility analysis which utilizes the City's adopted level of service standards to
determine the public facility demand created by the proposed land use designation, based on the
maximum development allowed under the proposed designation and comparing it with the public
facility demand under the current designation, to indicate any surplus capacity or deficit that
might occur. Section 163.3177(6); Rule 9J-5.005(2)(a) and (c), 9J-5.006(2)(a);(3)(b)1., and
(3)(c)3.; 9J-5.011(1)(t)1.; and 9J-5.016(3)(c)6., F.A.C.
Recommendation: Include, with the amendment, an adequate data and analysis of the public
facilities demands created by the proposed land use change based on the City's adopted level of
service standards and the maximum development allowed under the proposed designation, and
comparing the existing demand with the demand under the proposed designation, to indicate any
surplus capacity or deficit that might exist. If there is a deficit the analysis, should indicate how
the deficit will be addressed.
II CONSISTENCY WITH STATE COMPREHENSIVE PLAN
The proposed amendments do not adequately address and further the State
Comprehensive Plan including the following goals and policies (Chapter 163.3177(9), F.S.):
Land Use Goal 16(a) and Policy (b)3 and 6., regarding functional mix and the character of urban
areas, and the availability of water to meet demands; and
Public Facilities Goal (18)(a) and Policies (b)5., and 6., regarding the provision of public
facilities.
Recommendation: Revise the amendments, as indicated earlier, so as to be consistent with the
above cited goals and policies for the State Comprehensive Plan.
3
lA1I'TOn calLES
OOWMOIl
DEPARTMENT OF TRANSPORTATION
FWRIDA
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3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33309-3411
(954) 777-4593
TIIOMAS r. IWlJl't Jr.
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DMSlON OF
PLANNING AND PROGRAMS
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JUN 81998 !l
Mr. Ray Eubanks, Planning Manager
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
March 17, 1998
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PLANNING AND
ZONING DEPT.
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PLAN PROCESSING If'
SUBJECT: PRELIMINARY REvmw RECOMMENDATIONS
LOCAL GOVERNMENT: City of Boynton Beach 98-1
Dear Mr. Eubanks:
The Department has reviewed the documents for the proposed Comprehensive Plan Amendment
for the City of Boynton Beach. The amendment proposes to reclassify 14.16 acres from moderate
density residential to local retail commercial; reclassify 23 acres. from medium residential to low
density residential; and reclassify 66.16 acres from moderate density r;esidential to high density
residential. There is no traffic analysis included to determine the potential impacts from these
amendments.
Since two of the three amendments will intensify development, the Department requests a formal
review. Thank you for the opportunity to review this amendment.
Sincerely,
J~t
Joseph M. Yesbeck, P.E.
District Director
Planning and Programs
JMY/rr
cc: B. Romig, FDOT Central Office
R. Wilburn, DCA
G. Schmidt, FDOT-4
J. Anderson, FDOT-4
March 9, 1998
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Mr. Tom Beck, Chief
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
RPM asp
PlAN pr,OCESSING TEAM_, .
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Subject:
City of Boynton Beach Comprehensive Plan
Draft Amendments - DCA Reference No. 98-1
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Dear Mr. Beck:
This is to acknowledge the receipt of materials pertaining to the above-referenced
amendments on 3/06/98. Staff anticipates presenting its report and recommended
comments to Council at the regular meeting of 4/17/98. pursuant to Section 163.3184,
Florida Statutes, a written report including any objections" recommendations for
modification and comments will be submitted to you by 3/29/98.
If you have any questions, please feel free to call.
Sincerely,
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suite 205 . p.O. box 1529
palm city, florlda 3499Q
phone (561) 221.4060
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April 17, 1998
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Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
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Subject: City of Boynton Beach Comprehensive Plan
Draft Amendments - DCA Reference No. 98-1
Dear Mr. Beck:
Council has reviewed the above-referenced amendments in accordance with the
requirements of Chapter 163, Florida Statutes and the Council's adopted plans, policies
and review procedures. Enclosed is a copy of our report as approved by the Council at its
regular meeting on April 17, 1998 pursuant to Section 163.3184, Florida Statutes.
If you need additional information or have any questions, please feel free to call.
Sincerely,
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Planning Director
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Enclosure
Cc: Tambri J. Heyden, AICP
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TREASURE COAST REGIONAL PLANNING COUNCIL
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MEMORANDUM
To:
. Council Members
AGENDA ITEM 4B
From:
Staff
Date:
April 17, 1998 Council Meeting
Subject: Local Government Comprehensive Plan Review
'.
TREASURE COAST REGIONAL PLANNING COUNCIL
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MEMORANDUM
To:
Council Members
AGENDA ITEM 4B
From: Staff
Date: April 17, 1998 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 98-1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that the Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planDing council, or an affected
person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests DCA to prepare an ORC Report, then the Council must provide
DCA with its own objections, recommendations for modification and comments on the
proposed amendment within 30 days ofits receipt.
Background
The City of Boynton Beach has proposed three amendments to its Future Land Use Map
(FLUM). Information on the properties which are subject to the proposed amendments is
provided in Table 1 and the location of each property is shown on the attached maps:
The City has not requested a formal review of the proposed amendments, concluding that
the amendments are consistent with the City Comprehensive Plan and that adopted level
of service standards will not be exceeded. However, on March 27, 1998, the DCA
notified the City that a formal review would be carried out.
Table 1
City of Boynton Beach Comprehensive Plan
Future Land Use Map Amendments
DCA Reference No. 98-1
Northwest quadrant of intersection of
Woolbright Road and 1-95
#2 23.0 Medium Low Density
Residential-S · Residential
#3 66.2 Moderate Density High Density
Residential Residential
Total Acreage 103.4
Northeast quadrant of intersection of
Miner Road and Lawrence Road .
Northwest quadrant of intersection of
Woolbright Road and 1-95
. Palm Beach County FLUM Designation. Property recently annexed.
Evaluation
Amendments # 1 & 3 are evaluated together because they are part of the same original
PUD and are located adjacent to each other, in the northwest quadrant of the intersection
of Woodbright Road and 1-95. The property in Amendment # 1 is presently vacant, and
is . surrounded by a stormwater retention lake to the north, a shopping center and
restaurant to the south, single-family detached homes to the west and an apartment
complex (part of amendment # 3) and vacant land to the eaSt. FLUM Designations are
Medium Density Residential to the north, west and east, and Local Retail Commercial to
the south.
Amendment # 3 includes lands which have already been developed for residential
purposes (both apartments and single-family homes). Surrounding land uses include
single-family detached homes to the north and west, some vacant land and a shopping
center to the south, and vacant land and the rights-of-way for a rail line and 1-95 to the
east. Surrounding FLUM designations include Low Density Residential to the north,
Medium Density Residential to the west, Local Retail Commercial to the south, and High
Density Residential to the east.
The property in amendment # I belongs to a religious organization which envisioned the
construction of a church and school on site. However, the organization elected to
maintain its church and related facilities at its downtown location and the subject
property is now to be used for a health care "campus," with a nursing home, an adult
congregate liviI)g facility and a medical office building. Since office uses are not
permissible in a residential district, the City proposes to apply a designation of Local
Retail Commercial to this property. The City indicates that the proposed uses are
compatible with surrounding uses and that the City Housing Element promotes the
approval of adult congregate living facilities if compatible with the neighborhood.
Although the City Comprehensive Plan recommends against designation of additional
2
land as Local Retail Commercial, the proposed use qualifies as an exemption because of
its nature.
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The property in amendment # 3 is subject to a settlement agreement between the City and
a PUD developer. According to City staff, the controversy leading to the settlement
agreement had to do with development of the commercial property to the south
(originally under joint ownership) and the overall residential density to be permitted. .
Under the settlement agreement, the developer-has the authority-to--build 687 units, but
the existing FLUM designation would allow only 479 units, There are no actual impacts
as a result of this amendment, since the 66 acres is already entirely developed. The
proposed designation more accurately reflects the actual density as developed.
Amendment # 2 is a 23 acre parcel presently used for agricultural purposes. Its existing
FLUM designation is Medium Residential-5, a County designation. The property is
being annexed by the City. Surrounding land uses include single-family residential
homes to the north, east, and south, although a canaI and right-of-way buffer the property
to the south. A mobile home park is located to the west. Surrounding FLUM
designations are Low Density Residential to the north, south and east, and Medium
Residential-5 (County designation) to the west. The City designation would allow a few
less units then the County designation, if developed to the maximum density.
Extrajurisdictional Impacts
The amendments were reviewed through the Palm Beaeh Intergovernmental Plan
Amendment Review Committee Process in December of 1997.' According to the
Clearinghouse Coordinator, no objections were received regarding the proposed
amendments.
Effects on Regional Resources or Facilities
There would appear to be no significant effects on regional resources and facilities as a
result of these amendments.
Objections, Recommendations for Modification,-and Comments
A. Objections
1. None
B. Comments
1. The proposed land uses in amendment # I provide a positive change to the
existing land use mix of the area. However, Council staff questioned the City
regarding the designation of Local Retail Commercial, since no retail uses are
proposed. The City's response was that Local Retail Commercial allowed for the
proposed office use, that existing land designated as Local Retail Commercial was
3
located adjacent to the south, and that the City did not desire to "spot" a new
designation at this location. Given the City's acknowledged overabundance of
land designated for local'\oetail commercial use, it would seem to be more prudent
to establish a new FLUM category entitled Medical Facilities or Institutional
Medical.
Recommendation
Council should adopt the above comments and approve their transmittal. to the
Department of Community Affairs.
Attachments
4
D E PAR T MEN T,) 0 F
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STATE OF flORIDA
COMMUNITY AFFAIRS
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"Helping Floridians create safe, vibrant, sustainable communities" . .
LAWTON (HIW
Governor
lAMES F. MURLEY
Secrelory
- March'2T, r998
Honorable Jerry Taylor, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
RC'~""--i\l-
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Dear Mayor Taylor:
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The Department has conducted a preliminazy review of the City's proposed
comprehensive plan amendment received on March 2, 1998, DCA Reference No. 98-1.
The Department has determined that the proposed plan amendment should be fonnally
reviewed for consistency with the minimum criteria contained in Chapter 163, Florida Statutes
(F.S.), and Rule 9J-5, Florida Administrative Code (pAC.).
The Department will review the proposed amendment and issue an Objections,
Recommendations and Comments Report in accordance with Chapter 163, F.S., and Rule 9J-5,
FAC.
If you have any questions, please contact Bernard Piawah, Planning Manager overseeing
the review of the amendment, at (850) 487-4545.
Sincerely,
CJ;\ ~~ ~.
CGlbp
Charles Gauthier, AICP
Growth Management Administrator
Bureau .ofLocal~ng
cc: Tambri J. Heyden, AICP, Planning & Zoning Director
Michael Busha, AICP, Executive Director, Treasure Coast
Regional Planning Council
flOllOAIm
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27!6 OwmeOll Hirway, Suit! 212
M,;Il3tho"F1oridjJJOSo..2211
2SSS SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORID.\. 32399.2100
Phone: 8S0.488.8466/Suncom 278.8466 FAX: BSO.921.0781/Suncom 291.0781
J nternet address: http://www.state.(l.us/comaff/dc.a..html
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South }< lorida Water Management District
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800' FL WATS 1-800-432-2045
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March 16, 1998
Ray Eubanks, Planning Manager
Plan Review and DR! Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject:
Preliminary Review Recommendation
City of Boynton Beach, DCA # 98-1
The South Florida Water Management District staffhas reviewed the subject document. we do not
recommend that a formal review of the proposed amendmen~ be undertaken. If you have any
questions or require additional information, please call me at (561) 687-~779.
Sincerely,
~~
P.K. Sharma, AICP
Senior Planner
Lower East Coast Planning Division
, Planning Department
PKS/mh
c:
Michael Busha, TCRPC
Tambri Heyden, Boynton Beach
Roger Wilburn, DCA
GO'UtTning Board:
Fnnk Williamson, Jr., Chairman
Eugene K. Pettis, Vice Chairman
Mitchell W. Berger
Vera M. Carter 6
William E. Gt2ham
William Hammond
Richard A. Machek
Michael D. Minton
Miri2II1 Singer
Samuel' E. Poole m, Executive DirectOr
Michael Slayton, Deputy Executive Director
Mailing Address: P.O. Box 24680, West Palm Beach, FL33416-4680
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South Florida Water Management District
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800. FL WATS 1-800-432-2045
,~ TOD (561) 697-2574
MaI'Gh16, 1,998
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PLAN PROCESSING TEAM
Ray Eubanks, Planning Manager
Plan Review and DRl Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject:
Preliminary Review Recommendation
City of Boynton Beach, DCA # 98-1
The South Florida Water Management District staffhas reviewed the subject document. We do not
recommend that a formal review of the proposed amendments be undertaken. If you have any
questions or require additional information, please call me at (561) 687-6779.
Sincerely,
~~
P.K. Sharma, AlCP
Senior Planner
Lower East Coast Planning Division
Planning Department
PKS/mh
c:
Michael Busha, TCRPC
Tambri Heyden, Boynton Beach
Roger Wilburn, DCA
G(J-verning Board:
Frank Williamson, Jr., Chairman
Eugene K. Pettis, Vice Chairman
j\1itchell W. Berger
Vera M. Carter
William E. Graham
William Hammond
Richard A. Machek
Michael D. Minton
Miriam Singer
Samuel E. Poole III, Executive Director
Michael Slayton, Deputy Executive Director
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680
FLORJDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
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MEMBER OF mE FLORIDA CABINIlT
Division of Library & lnfonnation Services
Division of Historical Resources
RmgIing Museum of Art
Division of Licensing
Division of Elections
I'}
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3:-10
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Re:
Historic Preservation Review of the City of Boynton Beach (98-1) Compreh~s'jve
Plan Amendment Request
FLORIDA DEPARrMENf OF STATE
Sandra B. Mortham
Secretary of Slate
DIVISION OF HISTORICAL RESOURCES
~ru lj~~ ;;~;~
I
"PM SS?
?LAN PROCESSING TEAM
Mr..Ray Eubanks _. _ __
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and
Chapter 9J-5, Florida Administrative Code, we have reviewed the above document to decide if dala regarding
historic resources have been given sufficient consideration in the request to amend the Boynton Beach
Comprehensive Plan.
The three proposed Future Land Use Map amendments were reviewed to consider the potential effects of these
actions on historic resources. While our cursory review suggests that the }lroposed changes may have no
adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not
have an adverse effect on significant archaeological or historic resources in Boynton Beach. In particular,
changes involving increased density or intensity of existing land uses of tracts should be checked to see if any
known or potential historic resources, both archaeological sites or historic structures, would be affected by
these actions. The most effective way to guarantee that historic properties are not damaged is for the city to
sponsor historic resource surveys so that it can ensure its archaeological resources will be considered if any
substantive changes in land use are proposed.
In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic
resources need to be carefully considered in the planning phases of proposed land use changes) the state of
Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C.,
regarding the identification of known historical resources within their specified area of jurisdiction, and for the
establishment of policies, goals and objectives for addressing known and potentially significant historical
resources in Boynton Beach.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura
Karmnerer of the Division's Compliance Review staffat (850) 487-2333.
~a./~
t
George W. Percy, Director
Division of Historical Resources
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 . (850) 488-1480
FAX: (850) 488-3353 . WWW Address http://www.dos.state.fl.us
o ARCHAEOLOGICAL RESEARCH GVHISTORIC PRESERVATION 0 HISTORICAL MUSEUMS
(850) 487,2299 . FAX: 414-2207 (850) 487-2333 . FAX: 922-0496 (850) 488-1484 . FAX: 921-2503
South Florida Water Management District
3301 Gun Club Road, West Palm Beach, florida33406 . (561) 686-8800. FL WATS 1-800-432-2045
o TDD (561) 697-2574
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PlW procESSmG TEAM
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GOV 08-28
Apri127,1998
Ray Eub~, Planning Manager
Plan ReVIew and DRl Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject:
Proposed Amendment Comments
City of Boynton Beach, DCA # 98-1
The South Florida Water Management District staff h' .
have no water resource related comments If : reVIewed the. sU~Ject document and we
information, please call me at (561) 687-6779. you ave any questions or require additional
Sincerely,
ffr~
-
~
P.K. Sharma, AICP
Senior Planner
Lower East Coast Planning Division
Planning Department
PKS/mh
c:
Michael Busha, TCRPC
Tambri Heyden, Boynton Beach
Roger Wilburn, DCA
Gav(Tning Board:
Frank Williamson, Jr., Chairman
Eugene K. Pettis, Vice Chairman
Mitchell W. Berger
Vera M. Carter
William E. Graham
William Hammond
Richard A. Machek
Michael D. Minton
Miriam Singer
Samuel E. Poole III, Executive Director
Michael Slayton. Deputy Executive Director
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680
IAWI'On CalLES
ClOYEMOIl
DEPARTMENT OF TRANSPORTATION
FWRIDA
I!
3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33309-3411
(954) 777-4593
DIVISION OF
PLANNING AND PROGRAMS
TIlOIllASP.IIAIlIttJr.
SI!C_
May 1, 1998
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Mr. Ray Euban~~;"'-. : ~:.:(,:,~,~-::,~
Department of Coriirriunity Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
SUBJECT: PROPOSED AMENDMENT COMMENTS
LOCAL GOVERNMENT: City of Boynton Beach
DCA Amendment #: 98-1
The Department has reviewed the documents supporting the proposed
Comprehensive Plan Map Amendments for the City of Boynton Beach.
recommendations and comments for the proposed amendments are attached.
Non EAR-based
Our objections,
Smcerely,
~(t~k' PE
District Director
Planning and Programs
JMY:rr
Enclosures
cc; B. Romig, FDOT Central Office
R. Wilburn, DCA
G. Schmidt, FDOT
J. Anderson, FDOT
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENfS
RESPONsmLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannini and Zonini
City of Boynton Bt-.llch
03102/98
04/03/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
9J-5.006(2)(a)
OBJECTION: The traffic study included for this amendment did not address the impact of project traffic on
1-95 (SR-9), a Florida Intrastate Highway System (FIHS) facility. Although project traffic does not directly
access 1-95, it is distributed to both Boynton Beach Boulevard and Woolbright Road which have interchanges
with 1-95. The level of service (LOS) on 1-95 was not analyzed with and without the proposed amendment.
The section ofI-95 between Woolbright Road and Boynton Beach Boulevard is designated "Maintain" status.
Maintain means that continuing operating conditions at a level such that significant degradation does not occur
based on conditions existing at the time of local government comprehensive plan adoption. Significant
degradation means anything over a 10% increase in average daily two-way traffic or a 10% reduction in
operating speed in the peak direction.
RECOMMENDATION: Analyze the level of service (LOS) on 1-95 with and without the proposed
amendment. Check the 1989 Comprehensive Plan to compare whether the 10% increase from 1989 has been
exceeded. If the project negatively impacts 1-95 and the 10% increase has been exceeded, mitigation should
be discussed.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
REVIEWED BY:
John Anderson AICP
PHONE: 954-777-4601
REVIEWED BY:
Gustava Schmidt, P.E.
PHONE: 954-777-4601
1
DISTRlCf 4, DEJ?ARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPOlSffiLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL --coVERNMENT:- - --
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planninl: and 7.oninl:
City of Boynton Beach
03102/98
04103/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
9J-5.006(2)(a)
OBJECTION: The traffic study for this amendment did not address the impacts to the LOS on S.W. 8th
Street. Traffic from the proposed development directly accesses S.W. 8th Street which the City has set a LOS
"C" per Objective 2.1 in the Traffic Circulation Element. S.W. 8th Street proVides a north-south connection
between Boynton Beach Boulevard and Woolbright Road, both of which provide access to 1-95, a FillS
~~ .
RECOMMENDATION: Provide data and analysis which address the average daily and peak hour LOS for
S.W. 8th Street with and without the proposed amendment. Provide volume to capacity data showing that
the proposed development will not negatively impact the City's adopted LOS "C" for S.W. 8th Street.
REVIEWED BY:
Gustavo Schmidt. P.E.
PHONE: 954-777-4601
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
Renee Rosselot
REVIEWED BY:
John Anderson. ATCP
2
DISTRICT 4, DEPAATMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSffiLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannini: and 7nnini:
City of Boynton BE'.llch
01102/9&
04103/9&
05/05/9&
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-(02)
RULE DEFICIENCY:
9J-5.006(2)(a)
OBJECTION: The traffic study prepared for this amendment fails to analyze the maximum potential impact
of the proposed land use change to Local Retail Commercial. Uses pennitted in this category, including
Shopping Center, would generate significantly more trips than what is currently proposed. This potential
impact may have a negative effect on the adjacent roadways, particularly SHS and FIHS facilities. Although
the City indicates an intent to deed restrict the site to the uses proposed by the applicant, the potential still
exists for a more intense development based on the pennitted uses allowed in the Local Retail Commercial
category. FOOT notes that the City's Future Land Use Element does include an Office Commercial category
which pennits the uses proposed while reducing the maximum potential intensity of development.
RECOMMENDATION: Provide a traffic impact analysis for both peak hour and average daily trips based
on the maximum potential intensity of development with and without the proposed land use amendment.
Analyze the potential impacts to Boynton Beach Boulevard and 1-95 which are SHS and FIHS facilities to
ensure that these roads will not be negatively impacted by this amendment. Consider designating the site as
Office Commercial which would not only accommodate the proposed use but would ultimately limit the
intensity of development and enhance potential compatibility with the neighborhood residential character of
the area.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
REVIEWED BY:
John Anderson, ATCP
PHONE: 954-777-4601
REVIEWED BY:
Gustavo Schmidt, P E.
PHONE: 954-777-4601
3
DISTRICT 4, DEP.ARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOvERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin~ and Zonin~
City of Boynton RP.llch
03-1ffi198 ~ ~- ~-
04/03/98
05105/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#3 Woolbright Place PUD (LUAR 97-004)
RULE DEFICIENCY:
9J-5.006(2)(a)
OBJECTION: The amendment application does not provide any data and analysis to support the City's claim
that designating this 66 acre parcel High Density Residential (9.68 - 10.8 dulac) will not negatively impact the
LOS on the affected roadways. No traffic study was provided for this amendment.
RECOMMENDATION: Provide a traffic study for this amendment which will address the average daily
and peak trips generated by the existing development on this site and the trips generated by the maximum
allowable density under the proposed High Density Residential land use category. Determine the potential for
any additional impacts on the affected roadways. Provide supporting data which ensures that this amendment
will not adversely impact the LOS on the affected roadways, particularly SHS and FIHS facilities.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
REVIEWED BY:
John Anderson, ATCP
PHONE: 954-777-4601
REVIEWED BY:
Gustavo Schmidt, P E.
PHONE: 954-777-4601
4
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSffiLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin~ and Zonin~
City of Boynton RP-"ch
03/02198
04/m/98
05105198
ELEMENT: Future Land Use
Non-EAR Based Amendment(#98-1)
RULE DEFICIENCY:
9J-5.019
OBJECTION: The City of Boynton Beach has not replaced the Traffic Circulation Element with a
Transportation Element. Consequently, for review purposes, only the outdated Traffic Circulation Element
is available for reference.
RECOMMENDA nON: Prepare and adopt a new Transportation Element as required. Include updated
data and analysis and updated Future Transportation Element maps depicting existing and projected LOS
which reflect the future land use plan as amended. '
REVIEWED BY:
John Anderson AICP
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
Renee Rosselot
REVIEWED BY:
Gustavo Schmidt. P.E.
PHONE: 954-777-4601
5
DISTRICT 4, DEFARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSffiLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planninll' and Zoninll'
City of Boynton RP.lIch
m/02/98
04/03/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#2 Foster Property (LUAR 97-003)
RULE DEFICIENCY:
9J-5.oo6(4)
OBJECTION: The submittal did not provide an amended Future Land Use Map showing the proposed official
designations of the annexed parcel or the new jurisdictional boundaries of the City.
RECOMMENDATION: Provide an updated and amended Future Land Use Map showing the City's new
boundaries and the official designations for the annexed parcel. .
REVIEWED BY:
REVIEWED BY:
John Anderson ATCP
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
Renee Rosselot
Gllstavo Schmidt P E.
PHONE: 954-777-4601
6
DISTRICT 4, DEP,j\RTMEN'f OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENfS
RESPONsmLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin~ and Zonine-
City of Boynton ~ch
03/02/98
04103/98
05105/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
COMMENT: The traffic analysis provided for this amendment is not consistent with the development
proposal as it was finally approved by the City Commission on January 20, 1998. The original proposal
provided for a 120 bed nursing home, a 60 bed ACLF and 67,500 square feet of Medical Office. The applicant
revised their proposal, reducing the Medical Office use to 39,700 square feet, which was approved by the
Commission. Although the reduction in square footage for Medical Office use will also reduce the number of
trips generated, the traffic study should be revised to reflect this change.
REVIEWED BY:
Renf'.e Rosselot
PHONE: 954-777-4601
REVIEWED BY:
John Anderson, AICP
PHONE: 954-777-4601
REVIEWED BY:
GIlStrlVO Schmidt P.E.
PHONE: 954-777-4601
7
DISTRICT 4, D~PARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENfS
RESPONSffiLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin& and Zonini
City of Boynton Beach
03102/98
04103/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
RULE DEFICIENCY:
COMMENT: The traffic analysis provided for this amendment does not specifically identify the lTE land use
categories or codes which were used in the peak hour trip generation analysis. Future analyses should specify
ITE land use categories and codes to determine trip generation rates for existing and proposed land use
designations. Also, the traffic analysis used Palm Beach County Engineering trip generation rates to determine
average daily trips and ITE to determine peak trips. To maintain a consistent analysis, FDOT recommends
that the lTE Trip Generation Manual be used to determine both average daily and peak hour project trips.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
REVIEWED BY:
Gustavo Schmidt P E.
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
John Anderson AICP
8
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENfS
RESPONSIBLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECENED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannine- and Zonin&
City of Boynton Rfo.ach
03102/98
04103/98
05105/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
#1 First Baptist Church of Boynton Beach (LUAR 97-002)
#3 Woolbright Place PUD (LUAR 97-Q(4)
RULE DEFICIENCY:
COMMENT: The amendment back-up provided failed to adequately explain the connection between these
two amendments. Both sites are located in the Woolbright Place PUD, which is the subject ofa settlement
agreement pursuant to Tradewinds v. City of Boynton Beach. The removal cifthe 14 acre Church site, from
the PUD is apparently one factor in the redesignation of the 66 acre site from Residential Moderate Density
to Residential High Density. The relationship between the two amen'dments, particularly regarding density
allocation, is difficult to ascertain. It is recommended that additional infonnation be provided in tabular fonn
which would show the designation, allocation and density for each land use included in the Woolbright Place
PUD, both existing and proposed by these two amendments.
REVIEWED BY:
Gustavo Schmidt P.E.
PHONE: 954-777-4601
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
Renee Rosselot
REVIEWED BY:
John Anderson AICP
9
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSffiLE DMSION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Plannin~ and Zonin~
City of Boynton Rf".lIch
03/02/98
04103/98
05/05/98
ELEMENT: Future Land Use
Non-EAR Based Amendment (#98-1)
RULE DEFICIENCY:
COMMENT: The location maps provided for the amendment sites do not clearly label the adjacent roadways.
Amendment site location maps which clearly label the adjacent and surrounding roadways should be provided
with all site-specific land use amendment applications.
REVIEWED BY:
Renee Rosselot
PHONE: 954-777-4601
PHONE: 954-777-4601
REVIEWED BY:
John Anderson, AICP
REVIEWED BY:
Gustavo Schmidt. P E.
PHONE: 954-777-4601
10
Lawton Chilt!;S
Governor
,. Fax:904-922-53
May 8
'98.
P.Oll02
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Environ,ment~1 ~t1'otection
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Lawton Chiles
GoVt!n'lor
"'Marjory Stonel""r Oou1la,' llu, ilding
3900 Comm'1"'1'.oaIth Boulev.rd
T .n.h...... f'loiida 32399"3000
IlMIY ll, 19911
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Ml.D.lUyEubanks i
Department of Community Affairs I' .,
BUreau of Local PllllUli~1
i1~~~t:F~o~~B3~9~~00 "; 1:1'
Re: PropoaedAmeodment to the BoHBeach ~prehensive Plan, DCA 98-1
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, . Tile Office of Intergov~ ~. drihe Department ofEnwonmental
PrOteetion has reviewed theabove.[~~ameJ1ilment under the required provisions of . i
Chapter 163, Part II, Florida Statutes; and,Cbaptcr i9'J~5 and 9J"11. Florida Administrative COde.
Our comments and reeonun~Jn. are pJVided to assist your agency ill developing'tj>e
state's response,' 1,1 ' '
Wltoffer n,<l co,nunen, .,' 15 orilo:,....~ut:eot, ,~,em. S lDllnO.ered 1 an,d 2; however, item. :
number { will repmeDt a siZable jl<j, . '.':~ill'populatioll density. And. a1thou~ it ba~
been stated that all <lftheseamenODiillitll,t...Wouldinot cause the adopted levels of service .'
~landards to ~ exceeded," there ha.s~)toana1y~<!fthe anticipated increase in ~ter and' :
~astewater demand to be placed pnt~ system&.: It IS recommended .that an ana1~SIS of the, '
lIlcreasecl demand on potable waterAtld,,~ sewer systems be prOVIded as requIred.
'i. ,.,
Please call me at (850) 487 -22.31 r you ba",~ lmY questions about this response.
,I 'I Sincerely. .
II~~'~ &U:"(~__
r'lltObert w. HaD .
I ,Office of Intergovermnental '
I 'i Programs
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Vlrgini;a 8. W~l:~rell
Secretary
Dear Mr. Eubanks:
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PLANNING AptND
ZONING DE .
April I?, 1998
Mr. Tom Beck, Chief
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: City of Boynton Beach Comprehensive Plan
Draft Amendments - DCA Reference No. 98-1
Dear Mr. Beck:
Council has reviewed the above-referenced amendments in accordance with the
requirements of Chapter 163, Florida Statutes and the Council's adopted plans, policies
and review procedures. Enclosed is a copy of our report as approved by the Council at its
regular meeting on April I? , 1998 pursuant to Section 163.3184, Florida Statutes.
If you need additional information or have any questions, please feel free to call.
Sincerely,
:!:1~=-
Planning Director
TLH/lg
Enclosure
4 Tambri J. Heyden, AICP
301 .cst ocaan boulavard
suite 300
stuart, florida 34994
phone (561) 221-4060
__~269-4060_fa% (561) 221-4067
April 17, 1998
treOlure
, COOlt
regional
planning
council
Ms. Tambri J. Heyden, AICP
Planning and Zoning Director
City of Boynton Beach
100 Boynton Beach Boulevard
Boynton Beach, FL 33435
Subject: City of Boynton Beach Comprehensive Plan
Draft Amendments - DCA Reference No. 98-1
~>t\"
Dear M~den:
Pursuant to the requirements of the Local Govemment Comprehensive Planning and
Land Development Regulation Act, Chapter 163, Florida Statutes, the Council reviewed
the above-referenced comprehensive plan amendments at its meeting on April 17 , 1998.
A review report was approved by the Council for transmittal to the Department of
Community Affairs as required by Section 163.3184, Florida Statutes. A copy of the
approved report is attached for consideration by your governing body prior to adoption of
the amendments. Council will consider your response to any objections or comments
contained in this report as an important factor in making a consistency recommendation
on the adopted amendments.
Please send one copy of all materials related to these amendments directly to our office
once they are adopted by your governing body, pursuant to Chapter 9J-ll, Florida
Administrative Code.
If you have any questions, please feel free to call me.
Sincerely,
T!:Jf:~
Planning Director
--""""
TLH:lg
Attachment
301 east ocean boulevard
suite 300
stuart, florldo 34994
phone (561) 221-4060
,~~.269-4060 lox (561) 221-4067
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Council Members
AGENDA ITEM 4B
From: Staf)'
Date: April 17, 1998 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 98-1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that the Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local govemment, the regional planning council, or an affected
person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local
govemment requests DCA to prepare an ORC Report, then the Council must provide
DCA with its own objections, recommendations for modification and comments on the
proposed amendment within 30 days of its receipt.
Backlmlund
The City of Boynton Beach has proposed three amendments to its Future Land Use Map .
(pLUM). lilforrilation on the properties which are subject to the proposed amendments is
provided in Table I and the location of each property is shown on the attached maps:
The City has not requested a formal review of the proposed amendments, concluding that
the amendments are consistent with the City Comprehensive Plan and that adopted level
of service standards will not be exceeded. However, on March 27, 1998, the DCA
notified the City that a formal review would be carried out.
(
(
,
Table 1
City of Boynton Beach Comprehensive Plan
Future Land Use Map Amendments
DCA Reference No. 98-1
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# I 14.2 Medium Density. Local Retail Northwest quadrant of intersection of
Residential Commercial Woolbright Road and 1-95
, .
#2 23.0 Medium Low Density Northeast quadrant of intersection of
Residential-5 · Residential Miner Road and Lawrence Road
#3 66.2 Moderate Density High Density Northwest quadrant of intersection of
Residential Residential Woolbright Road and 1-95
Total Acreage 103.4
· Palm Beach County FLUM Designation. Property recently annexed.
Evaluation
Amendments # 1 & 3 are evaluated together because they are part of the same original
PUD and are located adjacent to each other, in the northwest quadrant of the intersection
of Wood bright Road and 1-95. The property in Amendment # 1 is presently vacant, and
is surrounded by a stormwater retention lake to the north, a shopping center and
restaurant to the south, single-family detached homes to the west and an apartment
complex (part of amendment # 3) and vacant land to the east. FLUM Designations are
Medium Density Residential to the north, west and east, and Local Retail Commercial to
the south.
Amendment # 3 includes lands which have already been developed for residential
purposes (both apartments and single-family homes), Surrounding land uses include
single-family detached homes to the north and west, some vacant land and a shopping
center to the south, and vacant land and the rights-of-way for a rail line and 1-95 to the
east. Surrounding FLUM designations include Low Density Residential to the north,
Medium Density Residential to the west, Local Retail Commercial to the south, and High
Density Residential to the east.
The property in amendment # 1 belongs to a religious organization which envisioned the
construction of a church and school on site. However, the organization elected to
maintain its church and related facilities at its downtown location and the subject
property is now to be used for a health care "campus," with a nursing home, an adult
congregate liviI]g facility and a medical office building. Since office uses are not
permissible in a residential district, the City proposes to apply a designation of Local
Retail Commercial to this property. The City indicates that the proposed uses are
compatible with surrounding uses and that the City Housing Element promotes the
approval of adult congregate living facilities if compatible with the neighborhood.
Although the City Comprehensive Plan recommends against designation of additional
2
land as Local Retail Commercial, the proposed use qualifies as an exemption because of
its nature.
The property in amendment # 3 is subject to a settlement agreement between the City and
a PUD developer. According to City staff, the controversy leading to the settlement
agreement had to do with development of the commercial property to the south
(originally under joint ownership) and the overall residential density to be permitted,
Under the settlement agreement, the developer has the authority to build 687 units, but
the existing FLUM designation would allow only 479 units. There are no actual impacts
as a result of this amendment, since the 66 acres is already entirely developed. The-
proposed designation more accurately reflects the actual density as developed.
Amendment # 2 is a 23 acre parcel presently used for agricultural purposes. Its existing
FLUM designation is Medium Residential-S, a County designation. The property is
being annexed by the City. Surrounding land uses include single-family residential
homes to the north, east, and south, although a canal and right-of-way buffer the property
to the south. A mobile home park is located to the west. Surrounding FLUM
designations are Low Density Residential to the north, south and east, and Medium
Residential-S (County designation) to the west. The City designation would allow a few
less units then the County designation, if developed to the maximum density.
Extrajurisdictional Impacts
The amendments were reviewed through the Palm Beach Intergovernmental Plan
Amendment Review Committee Process in December of 1997. According to the
Clearinghouse Coordinator, no objections were. received regarding the proposed
amendments.
Effects on Regional Resources or Facilities
There would appear to be no significant effects on regional resources and facilities as a
result of these amendments.
Objections, Recommendations for Modification,-and Comments
A. Objections
l. None
B. Comments
l. The proposed land uses in amendment #' I provide a positive change to the
existing land use mix of the area. However, Council staff questioned the City
regarding the designation of Local Retail Commercial, since no retail uses are
proposed. The City's response was that Local Retail Commercial allowed for the
proposed office use, that existing land designated as Local Retail Commercial was
3
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~~
located adjacent to the south, and that the City did not desire to "spot" a new
designation at this location. Given the City's acknowledged overabundance of
land designated for local retail commercial use, it would seem to be more prudent
to establish a new FLUM category entitled Medical Facilities or Institutional
Medical.
Recommendation
Council should adopt the above comments and approve their transmittal to the
Department of Community Affairs.
Attachments
4
~
STATE OF FlORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
LAWTON CHIW
Governor
'AMES f. MURLEY
Secmary
March 27, 1998
Honorable Jerry Taylor, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
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Dear Mayor Taylor:
The Department has conducted a preliminary review of the City's proposed
comprehensive plan amendment received on March 2, 1998, DCA Reference No. 98-1.
- The Department has detennined that the proposed plan amendment should be formally
reviewed for consistency with the minimum criteria contained in Chapter 163, Florida Statutes
(F.S.), and Rule 9J-5, Florida Administrative Code (FA C.).
The Department will review the proposed amendment and issue an Objections,
Recommendations and Comments Report in accordance with Chapter 163, F.S., and Rule 9J-5,
F.A.C.
If you have any questions, please contact Bernard Piawah, Planning Manager overseeing.
the review of the amendment, at (850) 487-4545.
Sincerely,
tM~~ ~.
CGlbp
Charles Gauthier, AlCP
Growth Management Administrator
Bureau .of Local Elanning
cc: Tambri 1. Heyden, AlCP, Planning & Zoning Director
Michael Busha, AlCP, Executive Director, Treasure Coast
Regional Planning Council
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MnIm.FIoricbJ]Q5O-2227
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2SSS SHUMARD OAK BOULEVARD. TALLAHASSEE, fLORID<\. 32399.2100
Phone: 8S0.488.8466/Suncom 278.8466 fAX: 8S0.921.0781/Suncom 291.0781
Internet address: http://www.slate.fl.u5/comaff/dc.i:html
ClllNIWMI'
ImalCriliallORC-fOId_
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llllIIH IlOIIDA IKIMII' 0fIta
P.o.b4lll2
IlOON.W.llIh_
South FJ.o-~da Water Manager-ent District
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561)686-8800. FL WATS 1-800-432-2045
11)I>(561)697-2574
GOV 08-28
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March 16, 1998
Ray Eubanks, Planning Manager
Plan Review and DR! Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject:
Preliminary Review Recommendation
City of Boynton Beach, DCA # 98-1
The South Florida Water Management District staff has reviewed the subject document. we do not
recommend that a formal review of the proposed amendments be IDldertaken. If you have any
questions or require additional information, please call me at (561) 687-6779.
Sincerely,
~~
P.K. Sharma, AICP
Senior Planner
Lower East Coast Planning Division
Planning Department
PKS/mh
c:
Michael Busha. TCRPC
Tambri Heyden, Boynton Beach
Roger Wilburn, DCA
Governing Board:
FI2Dk Williamson, Jr., Chairman
Eugene K. Pettis, Vice Chairman
Mitchell W. Berger
Ven. M. Carter 6
William E. Graham
William Hammond
Richard A. Machek
Michael D. Minton
Miriam Singer
Samuel' E. Poole m, Executive Director
Michael Slayton, Deputy Executive Director
Mailing Address: P.O. Box 24680, Wrst Palm Beach, FL 33416-4680
.
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March 9, 1998
Ms. Tambri Heyden
Planning & Zoning Director
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Subject: City of Boynton Beach Comprehensive Plan
Draft Amendments DCA Reference No. 98-1
1~"'''''
Dear M~yden:
This is to notify you that the Treasure Coast Regional Planning Council will be providing a
recommendation to the Department of Community Affairs (DCA) on the above-referenced
plan amendments, which we received on 3/6/98.
Council staff will review the amendments for multijurisdictional impacts and impacts on
significant regional resources and facilities and provide a written report to DCA within 30
calendar days of receipt. Staff anticipates presenting its report and recommended comments
to Council at the regular meeting of 4/17/98.
Prior to the Council meeting, Council staff will send you a copy of the meeting agenda and
the staff report and recommendations. We invite you to attend the meeting, where you will
be afforded an opportunity to address the Council. Following the meeting, the
recommendations as approved by the Council will be forwarded to you and to DCA.
If you have any questions or comments, please feel free to call:
Sincerely,
1lJ flJ---r
Terry L. Hess, AICP
Planning Director
TLH/jkp
3228 s.w. martin downs blvd.
suit. 205 . p.o. box 1529
palm city, florlda 34990
phon.1561)221~
sc 269.4060 fax (561) 221-4067
1\
{-~
'{t~/
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
, ~.....:-
--
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'q
"Helping Floridians create safe, vibrant, sustainJlble communities"
~ @ ~ a w '~F'~r:~a~ ",
MAA - 5 9S8
LAWTON CHILES
Governor
March 3, 1998
m
Ms. Tambri J. Heyden, AICP
Planning and Zoning Director
City of Boynton Beach
Post Office Box 310
Boynton Teach, FL 33425-0310
PZLANNING AND
ONING OEPT. J
Dear Mr Heyden:
Thank you for submitting copies of your proposed comprehensive plan amendment(s) for
the City. We have conducted a preliminary inventory of the plan amendment package pursuant to
Chapter 163, Florida Statutes, to verify the inclusion of all required materials. Our reference
number for this amendment package is Boynton Beach 98-1.
The submission package appears to be complete, and your proposed plan amendment will
be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be
asked to provide additional supporting documentation by the review team to ensure a thorough
review
The Department will conduct a preliminary review to make a determination as to whether
the proposed plan amendment package should be formally reviewed. The Department will notify
you when the determination has been made to review or not to review the proposed plan
amendment package in accordance with Chapter 163.3184 and Rule 9J-11.008, Florida
Administrative Code. The Department's notification shall specifically identify the amendment( s)
that shall be reviewed and the amendments that shall not be reviewed.
If you have any question please contact Roger Wilburn, the Community Program
Administrator that will be overseeing the review of the amendment and assigning the amendment
to the respective planner for review, at (850) 487-4545.
Sincerely,
-a~U~
D. Ray Eubanks
Planning Manager
DRE/pcr
cc: Michael Rumpf, Senior Planner
flOllDAKEYS
Area of Critical Slale Conrem Field Office
27%O\IeIYas Highway, Suite212
Marathon. Florida 33050.2227
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: BSO.488.6466/Suncom 278.8466 FAX: BSO.921.0781/Suncom 291.0781
I nternet add ress: http://www.state.fl.us(comaff/dca.htm I
GREIN SWAMP
AreaofCriticalSlaleConcemFieldOffice
lSSEast$umlTll'flin
Bartow, Florida 33830.4641
SOUTH flORIDA RECOVERY OFFICE
P.Q,Box4022
8600NW36thStreel
Miami, Florida 33159.4022
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. KastarJak, NCARB
Director
Building
Planning & Zoning
Engineering
\ Occupational License
February 23, 199. ii' Community Redevelopment
V
Mr. John Outland
Plan Review Sect., Rm. 914B
Dept. of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
RE: Transmittal of Proposed Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
Dear Mr. Outland:
Accompanying this letter you will find the City's cover letter and related support documentation as provided to
the Florida Department of Community Affairs which transmits for evaluation four (4) proposed Plan
amendments.
You will recall receiving within a previous amendment package (93-83, December 14, 1993) our entire
Comprehensive Plan and Future land Use Support Document, Section VIII. land Use Problems and
Opportunities. It is my understanding that these documents will be kept current by inserting subsequent
amendments. However, please be advised that these proposed amendments only affect the City's
Comprehensive Plan Future land Use Map, and that no changes are proposed for any goal, objective, or
policy, or to Section VIII. land Use and Opportunities of the Future land Use Support Document. Once these
amendments are adopted, the City's Map will be amended and forwarded to you for your records.
The transmittal letters should provide you with all the necessary information; however, if you have questions or
are in need of additional information, please contact this office.
Very truly yours,
//) {. .".)..'1 'l.iL-Y(, "c';, J '-
.' it. -/, v .
.-___~~/i--;)L_ ..
..,/
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:mr
Enclosures
J:\SHRDATA\P18ming\SHARED\WP\SPECPROJ\CQMP PLAN\Project Amendments\98-1,doc\98-1 DEP.dQc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
BuUding
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
February 23, 1998
Department of Community Affairs
Bureau of State Planning
Plan Processing Section
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
RE: Transmittal of Proposed Comprehensive Plan Amendments - 98-1
Item #1-First Baptist Church of Boynton Beach (LUAR 97-002)
Item #2-Foster Property (LUAR 97-003)
Item #3-Woolbright Place PUD (LUAR 97-004)
To whom this may concern:
Enclosed you will find six (6) copies (individual copies have been simultaneously sent to the Treasure Coast
Regional Planning Council, the FOOT-District Four, the South Florida WMD, and the Department of
Environmental Protection) of the required transmittal documents for three (3), proposed Comprehensive Plan
amendments. Each of these Items consists of only an amendment to the Future Land Use Map of the
Comprehensive Plan. Descriptions of the proposed amendments are included below under General
Consistency with Comprehensive Plan, and are summarized as follows:
Item #1 would reclassify 14.18 acres from Moderate Density Residential to Local Retail Commercial,
which is to be removed from an existing Planned Unit Development to allow the development plans to
change from a church/school to a health care campus;
Item #2 would reclassify 23 acres of land to be annexed from Medium Residential 5 in Palm Beach
County to Low Density Residential to allow for the development of single family homes consistent with
the proposed land use designation shown on the Future Land Use Map; and
Item #3 is being processed in concert with Item #1 above, and would reclassify 66.16 acres of primarily
developed land from Moderate Density Residential to High Density Residential. This amendment is
necessary to offset the impact on maximum density caused by the removal of the 14.18-acre tract from
the original Planned Unit Development known as the Woolbright Place Planned Unit Development
(PUD).
As it has been determined that the proposed amendments described herein are consistent with the
Comprehensive Plan, would not cause the adopted levels of service standards to be exceeded, and are
desirable by the Local Planning Agency and Governing Body, staff requests that these proposed
amendments not be reviewed. .
America's Gateway to the Gulfstream
100 East Boynton Beach Bh:d.. P.O. Box 310 Boynton Beach. Flo.-ida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
February 23, ":;3
Proposed AmE~~ments 98-1
Page 2
The City Commission. which acts as both the local planning agency and governing body, reviewed and
approved for tr;::~smittai, Items #1 and #3 on January 20, 1998, and Item #2 on January 6, 1998, both during
public hearings "eld subsequent to due public notice. With respect to adoption, staff anticipates that
ordinances wiil~8 adopted in Mayor June of the current year.
In accordance with the requirements of Rule 9J-11.006, please be informed that the subject amendments are
not in an area oj critical stats concern or the Wekiva River Protection Area, and are not related to a proposed
development of regional impact or to be adopted under a joint planning agreement.
Furthermore, it should be stated that the other reviewing agencies were provided with the City's entire
Comprehensive Plan and related support documentation on July 6, 1994, and informed that said documents
would be updated by subsequent amendments.
Should you have any questions on the subject amendments, please contact Michael Rumpf, Senior Planner at:
Planning and Zoning Division
City of Boynton Beach, P.O. Box 310
Boynton Beach, FL 33425-0310
Tei: (561) 375-6260
Fax: (561) 375-6259
With respect to the remaining submittal requirements outlined in the amended Rule 9J-11.006, the following
has also been provided for your information;
(1 )(b)(1) Six copies of two (2) maps indicating the proposed future land use map designations, property
boundaries and their relation to the surrounding street and thoroughfare network are included iii
Attachment "A";
(1 )(b)(1) The present land use designations of the subject and adjacent properties are shown on the maps in
Attachment "A";
(1 )(b)(2) Maps indicating existing land uses on the subject property and adjacent properties are included
within Exhibit "A";
(1)(b)(3) Property sizes are shown on the respective maps within Attachment "A";
(1)(b)(4) The availability of, and demand on public facilities is summarized below;
(1)(b)(5) Information regarding compatibility of the Map amendments with the Comprehensive
Plan, and other information relative to the basis of the recommendations is provided below;
(1 )(c)Staff recommendations are as follows: Item #1 - Opposed; Item #2 - In favor; and Item
#3 - Opposed. The recommendations of the local planning agency/governing body are
indicated in the corresponding minutes (see Attachment "B"); and
(2) NA
February 23, ; 998
Proposed Amendments 98-1
Page 3
To indicate the basis on which the Future Land Use Map is to be amended, the following information has been
provided whic:. further justifies the proposed Comprehensive Plan amendments with respect to compliance
with 8.163, F.S., Rules 9J-5 and 9J-11, FAC., and the City's Comprehensive Plan:
1. General consistency with Comprehensive Plan:
a. Item #1 represents property that is owned by a church organization who no longer desires to vacate
their existing property in the downtown to relocate their church and school to this alternative
site. In response to this decision, the church organization has determined that an appropriate
use for this site is a health care campus consisting of a nursing home, ACLF, and medical office
building. As the City does not allow office uses within this residential zoning district, they are
proposing that it be reclassified to commercial, consistent with the zoning and land use adjacent
to this property, Local Retail Commercial. This change is consistent with the Comprehensive
Plan as the proposed project is compatible with adjacent land uses. The proposed use, an
ACLF, is described by the Comprehensive Plan as being one of the more innocuous types of
groups homes and therefore compatible within a residential environment (Future Land Use
Support Document, page 33). This proposed commercial use would be classified as having a
highly specialized nature which is one of the exceptions provided to the recommendation
against land use changes to commercial categories found within the Future Land Use Support
Document on page 40. Furthermore, the Housing Element Support Document, on page V-5,
promotes the approval of additional ACLF's provided the sizes and types are compatible with
other dwellings in the neighborhood. This proposed use is compatible with adjacent uses which
includes a restaurant, a shopping center, an apartment complex with 548 units, and several
single family homes which do not share a common roadway with this project. Also with respect
to location, it should be noted that this site is adjacent to the City's largest retirement-age
development, Leisureville, whose residents would be served by this project. Although this
proposal is to increase land classified as Local Retail Commercial, which is discouraged by
Comprehensive Plan Policies 1.17.1 and 1.19.6, the proposal qualifies for the exceptions listed
within these policies as access is greatest, impacts on residential land uses are least, and a
geographic need exists within the subject location.
b. Item #2 represents a reclassification consistent with the Future Land Use Map designations for
areas to be annexed subsequent to adoption of the Comprehensive Plan (see current Future
Land Use Map), and represents a slight decrease in impacts/maximum density as the existing
land use classification in Palm Beach County would allow 5 units per acre and the City's Low
Density Residential classification allows a maximum of 4.84 units per acre.
c. Item #3 is proposed in connection with Item #1, which is required to offset the impact on density
caused by the removal of 14 acres from an existing Planned Unit Development. Furthermore,
this amendment will also resolve the density problem that resulted from the conflict generated
by the Tradewinds v City of Boynton Beach settlement agreement. This agreement required the
reclassification of the property to Moderate Density Residential land use, yet mandated
development to be approved on the property that exceeded the maximum density of 7.26 units
per acre. In reviewing this proposed amendment, staff realized that the maximum density of the
current land use classification is currently exceeded by 26 units. Intensifying this circumstance
is the proposed amendment to decrease the size of the Planned Unit Development by 14.18
acres (Item #1). This amendment would increase the discrepancy between the maximum
density and the existing density up to 128 units. By reclaSSifying the 66 acres of the PUD that
are currently classified as Moderate Density Residential to High Density Residential, the
February 23, 1998
Proposed Amendments 98-1
Page 4
maximum density of 10.8 units per acre exceeds the density of 10.41 units per acre remaining
after the 14 acres are extracted.
Due to the developed status of this property, no impact. .viII be generated from this amendment.
Excluding the 14 acres to be removed (Item #1), ,:11 property within the PUD that is to be
reclassified to High Density Residential is developed! Although the PUD contains 3.33 acres of
undeveloped property, this area is currently classified High Density. It should be noted that
development within this PUD has only occurred within the past three years. Although unlikely, if
the entire PUD were to be redeveloped, the reclassification would allow only an additional 76
units more than currently existing on the property, and would offset the loss of 14 acres of
residentially-classified land attributed to Item #1.
2. None of the three items involve property that contains environmentally sensitive or native features
worthy of consideration in the City's Comprehensive Plan or the County's inventory of native
ecosystems. Lastly, no site contains historic features recognized by the City or County;
3. With respect to the elimination or reduction of land uses inconsistent with the City's character and, the
need to increase or decrease the intensity of land uses, all amendments are considered to be
appropriate for their respective locations, clearly consistent with the Comprehensive Plan, or partially
unavoidable in connection with a court order;
4. All subject properties are located within the "8" or "CO flood zones, and with respect to availability of
drainage facilities, local drainage standards ensure that water quality is maximized, and offsite drainage
is minimized. Maintenance of the local level of service standard is ensured through the review and
permitting process of the local drainage districts.
5. With respect to Traffic Circulation Element analysis requirements, the only relevant policies in the Plan
that currently apply, which regard maintaining levels of service standards, will be complied with. All
impacted roadways have adequate capacity to absorb the additional traffic to be generated by the
proposed amendments without lowering adopted levels of service.
6. With respect to Housing Element analysis requirements, the applicable proposed amendments are
consistent with the Comprehensive Plan. Whereas Item #2 is consistent with the City's Comprehensive
Plan Future Land Use Map, the impacts from proposed amendments #1 and #3 would have offsetting
effects relative to the ultimate availability of land for housing.
7. With respect to Infrastructure Element analysis requirements, there is adequate capacity within the
City's utilities system to accommodate the increased needs to be generated by the proposed
amendments. It should be noted that Item #2 is consistent with the recommended land use
classification indicated by the Future Land Use Map for annexed properties, and therefore the
anticipated future demands from the development of this parcel were included within the original data
and analysis of the Comprehensive Plan. The proposed amendments are consistent with all
Infrastructure Element objectives and policies;
8. The subject properties are not within the coastal management area;
9. The Conservation Element is not applicable;
February 23, 1998
Proposed Amendments 98-1
Page 5
10. With respect to Recreation & Open Space Element analysis requirements, Item #2 is consistent with
the Future Land Use Map, and therefore, the ultimate demands to be generated by the proposed land
use have already been incorporated within the data and analysis of the Comprehensive Plan. As for
Items #1 and #2, the nearly offsetting impacts from thE1se two proposed amendments would result in a
slight decrease in land available for housing units. Consequently, the net impacts from these two
proposed amendments include a lowered demand for park acreage and recreation facilities within the
City;
11. The Intergovernmental Coordination Element analysis requirements have been satisfied as proper
notifications and requests for availability of facility analyses have been sent;
12. With respect to Capital Improvements Element analysis requirements, there are no impacts upon
capital facilities that have not been projected within the analysis of the Comprehensive Plan.
Therefore, levels of service are met and all other related policies are complied with; and
13. With respect to consistency with the State Comprehensive Plan and the Regional Comprehensive
Policy Plan, the above statements, along with the information provided within the staff report address all
pertinent issues and topics within the State and Regional Plans. Such issues and topics include
housing, natural systems, endangered species, levels of service, intergovernmental coordination, public
facilities, historic resources, and transportation.
If you have any questions concerning this amendment package, please do not hesitate to contact this office.
Very Truly Yours,
/ "
- r-,1 1/ - v~; -~ ?
7- 'I4'(";Jc,G:,,--
Tambri J. Heyden, AICP
Planning and Zoning Director
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ATTACHMENT "B"
LPAlGOVERNING BODY RECOMMENDATIONS
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project:
Item #1:
First Baptist Church of Boynton Beach (LUAE 97-
002)
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Item #3: Woolbright Place PUD Land Use Amendment
(LUAE 97.Q(4)
Agent Unruh-Smith & Associates
Owner. First Baptist Church of Boynton Beach, Boynton Beach I Ltd.
Partnership, and Boynton Beach II Ltd. Partnership
Location: Woolbright Place PUD (east and west sides of sw alii Street, one-
quarter mile north of the intersection of SW alii Street and
Woolbright Road)
Description: Request to amend and rezone a 14.1a acre parcel within the
Woolbright Place PUD to change the existing approved use from a
church to a health care campus
(TABLED FROM CITY COMMISSION MEETING OF 116198)
Motion
Commissioner Tillman moved to remove this item from the table. Commissioner Jaskiewicz
seconded the motion that carried 5-0.
Mayor Taylor reminded everyone that a great deal of input was received on this item at the last
meeting, and there has been some movement since that meeting. Tonight's focus should be on
that new infonnation. He urged everyone present not to rehllllh old infonnation, and suggested
that the supporters and opposers select a spokesperson.
Attorney Cherof administered the oath to all who would testify during these proceedings.
All Commissioners divulged that representatives of both sides of this issue contacted them.
Ellen Smith. of Unruh. Smith & Associates. represented First Baptist Church. She advised
that a great deal of thought was given to the comments made at the last meeting. She
distributed copies of a letter to City Manager Willis dated January 20, 1998 listing compromises
on behalf of the applicant. Those compromises include:
13
1m rn @ rn n w'~...
" ",I .
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JANUARY 20,1998
1. The proposed 67,500 medical office building will be reduced to 39,700 square
feet. This reduction is not required by the traffic circulation element of the City Comprehensive
Plan to maintain level of service .C' on SW 8'h Street. Rather, it is proposed to reduce total
project traffic.
2. If requested by the City, a deed restriction will be recorded in the official land
records limiting the intensity of development on site to:
a. 34,300 square foot, 120-bed nursing home;
b. a 67,500 square foot, 60-bed ClF;
c. a 39,700 square foot medical office building; and
d. associated infrastructure and retention.
3. Prior to the occupancy of any building on-site. the owner of the property will
install traffic calming devices along the two-lane portion of SW 8th Street, if requested, as
approved by the City Engineer.
4. The entrance to the medical office building shall be redesigned to only permit
egress to the right (toward Woolbright Road).
5. The City shall penni! no other uses of the property other than those described in
Item 2 above without City Commission approval.
Ms. Smith urged the Commissioners to approve this project that will make good use of these 14
acres.
Jose AQuila. 800 SW 111 Court. urged the Commissioners not to make a bad situation worse
by approving this project. It is his opinion that this request is based on financial gain. A muiti-
family residential development is possible for this site. and would be profitable for the Church.
He also feels that if the City allows this development to exceed traffic counts, another developer
will demand more for his unbuilt tracts. Mr. Aguila does not believe any traffic calming
altematives are feasible because speed humps will divert the problem to SW 7th Street or
leisureville Boulevard. The residents are concemed with traftic volume,
Bud Meadows. 200 SW 12'" Avenue. said the proposal brought forth this evening is not based
on the church developing the parcel. He requested that the Commission approve this
application since the Church wants to remain in the downtown. The Church needs to separate
from the PUD. The Church will be part of the drainage and infrastructure. but they do not want
to build a worship center on that site, nor do they want to build a multi-family development.
They have an offer to do something else and they want to move forward. The Church does not
want to hurt the neighbors, and for that reason, they have made concessions recommended by
staff. He urged the Commissioners to approve the changes. .
Garv Brennan. attornev with Carlton-Flelds. represented the Church. He has practiced land
use and zoning in Palm Beach County for 20 years. He has reviewed all of the agreements and
feels the Commission is well within its legal requirements to approve the request of the
applicant.
Commissioner Jaskiewicz thanked the applicants for the consideration given to her remlir1<s at
the last meeting. She pointed out that whatever the Church does in the downtown is irrelevant
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
to this discussion. In addition, the reference made by Mr. Aguila to Mr. Morton is also irrelevant
since he has made many alterations to his agreement. Commissioner Jaskiewicz said this
development will affect her personally sincf) she is a resident of Leisureville. It is her opinion
that this development will present the least impact. Parts of this development are almost a
passive use. She cannot imagine residential of any quality being developed across from The
Home Depot. Auto Discount Store or RaceTrac. She does not feel the residents would benefit
by a residential development in this area. She is sympathetic with the traffic problem that needs
a solution. However, she feels this use is the least objectionable of all of the uses in this area.
She appreciated the applicant's effort to reduce the size of the project, and she believes it will
be an asset.
Mayor Taylor reminded everyone that the neighborhood to the north existed when the road was
closed. There was no traffic with the exception of local traffic. However, once the road was
opened, even without development, there would have been traffic generated by people traveling
from south to north. As commercial was added, traffic increased, and will continue to increase
as more development is added. Mayor Taylor said he visited the site to see what could be done
to solve the problem. Speed humps will slow the traffic in the area. In addition, he walked
behind The Home Depot and drove through the Vinings, and believes there is room in the back
for a road where truck traffic could be diverted. He recommended that staff investigate this
possibility. If this road could be built, truck traffic on SW 8111 Street could be restricted. Mayor
Taylor does not have a problem with this use and believes there will be no traffic generation
from this use in the evening. While he understands the concerns of the residents to the north,
we will look at ways to make this use as safe as possible and try to find options to reduce the
traffic.
Commissioner Tillman feels a perimeter road might be one way to solve the traffic problem in
this area. His major concern with this project is that it came in as a shell. No construction plan
or construction timetable was included. He would not want to see another project get to this
point unless it includes dates and timetables. Commissioner Tillman has no problem with this
project and recommends that the City look at the possibility of constructing a perimeter road.
Commissioner Bradley feels the improvements plan for the existing Church sound great
because it is a terrific use of the investment gains out of the property. However, he explained
that the Church paid approximately $180,000 for the land 10 years ago. It is estimated that if a
residential project was built, the profit would be approximately $1 million. If a commercial
project is built, the profit would double to $2 million or more. More is better because you can
build more. It is the Church's right to do that unless it negatively impacts other people. That is
the problem with this development. There is too much traffic on SW 8111 Street today. There are
still 150,000 square feet remaining to be developed after this 14-acre parcel. The
recommendation for Moderate Density Residential that would have 105 or 110 units would not
exceed the 750 trips vested for that property. Commissioner Bradley will not support this
request.
Vice Mayor Titcomb requested that the applicant explain the percentage of the increase of trips
that are generated with the reduction in usage of space of the 750 vested trips.
Attorney Cherof explained that the 750 was broken down. The Church school for 500 pupils
was 510 trips and the 1,200 seat Church was 240 trips.
15
MEETING MINUTES
REGUUR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
Mr. Aguiia said the roadway Mayor Taylor proposes will not work. Furthermore, he questioned
who would pay for the roadway if it could be built. In addition, speed humps will not work
because people will drive around them and leave tire. tread marks in the lawns of the residents.
He recommended the City purchase the nine homes along SW 8"' Street in order to make this a
collector road.
Mayor Taylor pointed out that the City is trying to work out a solution to the traffic problem, and
Mr. Aguila is only offering reasons why nothing will work.
Ms. Smith said the trips for the revised proposal equal 1 ,798. That is a 58% increase over what
is currently proposed on the property. The building envelope of the existing 750 trips is
inadequate for reasonable use of the land.
Vice Mayor Titcomb questioned where these trips would come from since they are an increase
over the vested number of trips on this project. In addition, he questioned whether this would
open the City to litigation or challenge for the other adjacent properties.
Attorney Cherof does not believe approval of this project will open the City to any litigation or
challenge. The trips can come from the total number that was vested for the site, or from a
recalculated figure to indicate a higher number of trips available. Today's testimony may
support a higher number.
Vice Mayor Titcomb inquired if this would open the door for other properties to petition the
Commission for additional trips. Attorney Cherof responded affirmatively.
Ms. Smith said that door is already open and any applicant can petition this Commission to add
trips to SW 8"' Street.
Commissioner Bradley asked for a legal opinion based on the fact that staff recommended
denial of this application because of inconsistency with the Comprehensive Plan.
Attorney Cherof advised that the determination of consistency with the Comp Plan is a factual
determination made by the Commission based upon the testimony heard from the applicant and
staff. That testimony must be reevaluated independent of the Planning & Development Board's
opinions to determine whether or not the Commission feels it is consistent.
Carole Fretwell. 713 SW 3"' Avenue. said the trips increased from 750 to 1,798. This is not an
increase of 58%. It is more than a 100% increase.
Jeff Smith. of Slmmons.White Enolneers, explained that there are 1,798 trips of the site.
Seven hundred fifty trips are vested. Therefore, the new net trips to be addressed equal 1,048.
The new trips (1,048) over the total trips equal 1,798. The difference is 750 trips. When that
figure (750) is divided by the 1,798, the answer is a 58% increase.
Ms. Smith explained that the applicant has a project that meets the requirements of the
Comprehensive Plan with regard to the level of service .C.. The City does not have a traffic
engineer to accept the methodology used by the applicant. The applicant is using the
methodology from City staff and standard methodology from Palm Beach County.
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20,1998
Vice Mayor Titcomb expressed concem about this project because it is a good project that is
pitting good people against good people. He feels this project is appro~riate for this site. He
explained that if it is approved, he would like the City to designate SW S Street as a "No Thru
Truck" street as a way to decrease the traffic impact. He pointed out that the City could not
compel homeowners to sell their homes on SW alii Street. While he is still not totally
comfortable with thio; project, hs is impressed with the efforts made by the ".hurch and their
agents to listen to the conditions of the approval that might be considered. Speed humps and
closing the road to trucks and diverting traffic to the south will have an impact on lessening the
traffic to the north. Although the traffic on this road is bad now, it will get much worse based on
what is vested in this area. Vice Mayor Titcomb explained that in order for him to support this
application, the applicant would have to adhere to all conditions listed. This would include that
the City or applicant investigate the closure of the through-street to trucks entering the
commercial projects from Boynton Beach Boulevard, and that any other calming and traffic
devices deemed by the City and indicated will be implemented prior to anything going forward.
This would also include the conditions that include deed restrictions.
Tambri Heyden, Planning & Zoning Director, advised that staff does not recommend that the
project entrance be limited to right-turn only. Staff investigated the closing of SW alii Street just
north of Crystal Key. Staff learned that this would have a negative effect on the level of service
of the intersection of Woolbright Road and SW Sill Street that would put it under the adopted
level of service. Staff observed that the median opening aaoss from The Home Depot and
Cracker Barrel is being used for 'U' turns. If the egress of the driveway is restricted to right-turn
only, people will turn right and make a "U. turn further south.
Motion
",..
~/2J"1 J-
Commissioner Jaskiewicz moved to amend and rezone a 14.18 aae parcel within the
Woolbright Place PUD to change the existing approved use from a church to a health care
campus as per all staff comments and the additional Commission comments that were agreed
to in Items 1, 2, 3, and 5 submitted by Ms. Smith. In addition, Commissioner Jaskiewicz stated
that if the building permit or land development permit is not obtained within an 1S-month period,
the zoning would revert back. Commissioner Tillman seconded the motion.
In response to Mayor Taylor, Commissioner Jaskiewicz agreed that her motion includes having
staff look into limiting truck traffic on SW alii Street.
The motion carried 4-1. (CommIssioner Bradley dissented.)
MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:52 P.M.
Mayor Taylor pointed out that the last item was a three-patt item. Therefore, two additional
motions are required.
M tUn
r---'- '. . 'II" .1 n . _J ~ ,_ 11 '. ---'1 - . ,y,.. !1._.~1. II _-<1,.1.__'&3
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..I~...,~J ,~l._..a. ..:U. _ 1,...l.IU, _,.. -"'I'u- __ ,._. IH1~"'. i" .11# '"'l'lf,"V- ~"";"""~I
17
--".-".,......---
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 20, 1998
4v,,,,,,:~~;v,, _1----11 --"' ----lril 1..1"' ...,- -. .nin!!. liil. -;--'T to TIII,,,,," """"v,,.:Jt.
ll._ ..._l;Vll ~L_l l.rril11 1. {BloJlI....:...._:_.._. B....JL] d;..,..........l_6:)
-I'/f. Motion
..J
,{ {:' 0' Commissioner Jaskiewicz moved to approve the land use amendment for Woolbright Place
,y PUD as per staff comments and all those included at this Commission meeting this evening.
Commissioner Tillman seconded the motion that carried 4-1. (Commissioner Bradley
dissented.)
;5i
MEETING MINUTES
REGULAR CITY COMMISSI
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
VII.
#f~
or-'
PUBLIC HEARING:
./ A. Project: -)fFoster Property (ANNX 97-001 and LUAE 97-003)
Agent: Julian Bryan and Associates
Owner: Roland E. and Leila M. Foster
Location: North side of Miner Road, one-half mile west of Congress Avenue
Description: Request for annexation, the amendment of the Future Land Use
Map of the Comprehensive Plan from MR-5 in Palm Beach
County to Low Density Residential, and to rezone the property
from Agricultural Residential (AR) in Palm Beach County to
Planned Unit Development with a land use intensity of 4.0 (PUD
with LUI=4.0) to allow for 98 zero lot line, single-family homes
Attorney Cherof administered the oath to all that would testify on this application.
j'1~r"
9
MEETING MINUTES
REGULAR CITY COMMISSIC,~
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Mayor Taylor announced that the Planning & Development Board unanimously approved this
item.
.
Martin Perry represented the applicant. He thanked staff for their cooperation during this
process and advised that the applicant agrees with staff's comments. The plan is consistent
and compatible with the neighborhood. This application involves 98 zero-lot line lots.
The staff report discusses lot size. The average size of the lots is 6,000 square feet. However,
the applicant is unable to achieve a minimum lot size of 6,000 square feet. All of the lots are at
least 5,000 square feet. One-third of the lots are in excess of 6,000 square feet. The applicant
is unable to create a housing type or style that is consistent with the goals of the City for more
upscale and larger homes. The applicant has agreed to the additional condition imposed by the
Planning & Development Board. The only unresolved item is the size of the street. This
subdivision will have one street. The applicant is requesting that this private'street be permitted
at 40' rather than 50'. Everything can fit within the 40' with the exception of one sidewalk that
will be an easement outside the 40'.
Julian Brvan. Plannlna Consultant and Aaent. 756 St. Albans Drive. Boca Raton. advised
that there is a mobile home park in unincorporated Palm Beach County to the west, and the
Meadows Subdivision on the east. Mr. Bryan said he was able to place a 20' landscape buffer
around the entire community that is separate and independent from the lots. In addition, there
will be two lakes on the east that will provide additional buffering.
One additional staff comment requested a secondary emergency access to the community. 0
That access was initially placed in the northwest comer. After consideration, staff felt it would
be more appropriate to create the emergency access at the northeast comer to allow a
pedestrian access to Meadows Boulevard. This will be incorporated into the plan.
Mr. Perry explained that there has been no discussion with respect to the park situation
because they have set aside a small area that does not meet all of the City requirements. The
applicant's intention is to utilize the Code provisions to make a contribution for whatever they do
not have. In addition, tl)e applicant is providing the pedestrian access to the public park north of
the Meadows.
He reiterated that the applicant is in agreement with 'all conditions. The only issue subject to
debate is the 40' street versus the 50' street. The project is not feasible without 40' streets
because the lot sizes will be dramatically altered. There is a provision in the Code that allows
the Commission to vary the street width without the applicant having to request a variance.
In response to Commissioner Tillman, Mr. Perry advised that there is a 20' landscape buffer
along the west property line adjacent to the mobile homes. In addition, there are the typical rear
yard setbacks that average approximately 15'. There will be large shade and canopy trees in
the buffer planted on 30' centers along the perimeter as well as a Ficus hedge that will grow to a
height of 6' or 7'.
Commissioner Bradley asked Mr. Perry to explain why the applicant cannot make the average
lot size larger than 6,000 square feet.
o
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
o Mr. Perry explained that, for economic reasons, the project would not be feasible if the lots are
all 6,000. If the applicant constructs a 50' width street and maintains 6,000 square foot lots, he
would lose 25% of the lots. Land acquisition prices will not allow this project to be feasible. The
applicant would look for another vacant parcel. Mr. Perry explained that the applicant is trying
to maintain a certain size and type of house to try to meet the desires of the City with respect to
upgrading housing stock. To increase lot sizes and street width, the number of lots must be
reduced. Therefore, a higher priced house must be built to make up the economic loss. This
could put the developer out of the market because it does not make sense to build that high-
priced housing project in the neighborhood. The applicant has met all of the City's
requirements. Many of those requirements are in excess of what the County would require.
The only things the applicant cannot do is provide a 50' width street and 6,000 square foot
minimum lot size. Twenty-seven of the 98 lots exceed the minimum requirement, 35 lots are at
5,000 square feet, and the remaining lots are between 5,000 and 6,000 square feet. The
applicant has made a good effort to accommodate all of the City's requirements.
In response to Commissioner Bradley, Ms. Heyden explained that the LUI at the Meadows is
probably six, and there are nine different pods in that subdivision. The lots in the smaller single-
family pods are 5,000 square feet. The lots in the last pod that was built are approximately
6,000 to 7,000 square feet. However, the average lot size in the Meadows is 5,500 square feet.
o
Commissioner Bradley feels that if the Commission is adamant in requiring the minimum lot
size, the City will have better housing stock.
Mayor Taylor agreed with Commissioner Bradley's remarks and pointed out that one of the
goals of this Commission was to upgrade housing stock in this community. He is not happy with
crammed in homes with no sidewalks on narrow streets.
Ms. Heyden explained that this applicant was faced with the decision of whether to go through
the County process or come to the City. This property is in our Reserve Annexation Area. Even
if we enter into a Water Service Agreement with the applicant, he would have to come to us at
some point. Water service and annexation are done simultaneously. We wanted the applicant
to come through our process so that once the property is annexed, it meets our standards. To
entice the applicant to come to the City, we developed a proposal for ,the applicant to get
through our process in an expeditious manner. As part of that proposal, milch negotiation took
place. The original plan was for 4,500 square foot lots. This parcel of land is very small
compared to other parcels within the Meadows. Staff was able to persuade the applicant to
increase the lot sizes to not less than 5,000 square feet. The applicant has made an effort to
comply with our housing goals while still maintaining a marketable project.
.
Ms. Heyden reminded the Commissioners that we now require all local streets to have
sidewalks on both sides. The applicant can meet all design requirements within a 40' right-of-
way. The only remaining issue is whether or not the variance process can be part of these
proceedings.
Mr. Perry advised that there were no letters of objection written from the surrounding
neighborhood. The applicant has made a significant effort and wants to meet all regulations to
the best of his ability. Although the applicant does not meet the minimal 6,000 square feet on all
lots, he averages 6,000 square feet. The land use intensity is less than any other development
in the surrounding area. Mr. Perry urged the Commission to grant approval of this petition.
11
MEETING MINUTES
REGULAR CITY COMMISSIO..
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
..
Commissioner Bradley said he appreciates the applicant's efforts to comply. However, he has a
problem with the 40' street width.
Mr. Perry explained that the pavement meets all of the City's requirements. The applicant is
able to fit one sidewalk and will construct the other sidewalk by way of an easement. He
reminded the Commissioners that this street would be a private street.
Commissioner Bradley feels this is too much of a project on a small site.
Mr. Perry said the applicant could have gone to the County and gotten approval for 4,500
square foot lots with a 40' roadway and bulkheads instead of the cul-de-sacs. He feels the
applicant has made a real effort to work with the City.
Commissioner Jaskiewicz said she appreciates the efforts that were made, and she realizes
that if this project went through the County process and we annex this property at a later date,
we will have to deal with smaller lots than are currently being proposed. She concurs with staff
that the applicant made a sincere effort, and she is in favor of this project.
Commissioner Tillman expressed concern about the width of the roadway with respect to
emergency vehicles, and questioned whether the applicant could improve the buffer.
Mr. Perry said the proposed landscaping is in excess of City requirements. Mr. Bryan advised
that since the Ficus hedge is 20' wide, nothing would be accomplished by constructing a berm.
The applicant proposes a Ficus hedge at grade. In addition, there will be trees not less than 30' 0
on centers. There are clusters of trees and Palms in addition to the trees on 30' centers. One
reason a decision was made not to do a berm was that there is a technical problem associated
with berms related to rear yard drainage. In addition, there is not enough space available to
include a 5' or 6' berm. However, the applicant can put in a 2' or 3' berm.
Vice Mayor Titcomb concurred with Commissioner Bradley's feelings about house size and
street size. However, he appreciated the efforts made by the applicant to meet our Code
requirements, and realizes the benefit of annexation of the property at this time. He will support
this project.
Bulent Kastartak, Director of Development, said that in considering this subdivision, it is
important to think about the final product. This plan has 2,600 square foot houses on each lot.
Even if a one-car garage were removed, a 2,000 square foot house would remain. Therefore,
there was no flexibility to design this project differently. He commended the designer of this
project. The size of the lots is compatible and he is comfortable with the project. He
recommends approval of this project.
Ms. Heyden advised that this applicant is the first applicant in three years who has not included
the buffer as part of the lot size. If this applicant did that, it would raise the lot size by 1,000
square feet.
Although Mayor Taylor still desires better housing stock for the City, based on the comments
made by Planning & Zoning, and the applicant's efforts to work with the City, he will support this
project. 0
12
o
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Motion
Commissioner Jaskiewicz moved to approve the request for annexation, the amendment of the
Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low
Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm
Beach County to Planned Unit uevelopment with a land use intensity of 4.0 (PUD with LUI~.O)
to allow for 98 zero lot line, single-family homes, subject to staff comments. Commissioner
Tillman seconded the motion that carried 5-0.
/3
To:
Fax:
From:
Date:
Pages:
From the desk of...
Michael Rumpf
Senior Planner
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach. FL 33425
561-375,6260
Fax: 561-375,6259
Pete Mazzella
731-0065
Michael Rumpf
December 16, 1997
6, including cover sheet.
AB discussed, please find info on two application: 1 )First
Baptist Church which proposes the 14 acre church parcel
within the PUD be reclassified/rezoned to allow for the
health care campus consisting of a 120-bed nursing home,
a 3-story, 67,500 office building, and a 60 bed CLF or
ACLF; and 2)the amendment of the PUD to reclassify the
remainder of the PUD from Moderate Density Residential
(7.26 du/acre) to High Density Residential (10.8 du/acre)
to accommodate the density increase resulting from the
removal of 14 acres from the master plan. Thanks for you
review and comments. Mike.
FIRST Bt:.. 1ST CHURCH OF BOYNTOt:BEACH
TRACT-F WOOLBRIGHT PLACE PLAT NO 1
LAND USE AMENDMENT AND REZONING APPLICATION
ILLUSTRATION OF THE WA1ER DEMAND AND SEWAGE
FLOW FOR DEVELOPJ\1ENT UNDER THE PROPOSED
ZONING IN CONTRAST WITH DEMAND UNDER THE
CURRENT ZONING. WA1ER DEMAND AND SEWAGE FLOW
IS ESTIMA1ED USING THE STANDARDS ADOP1ED BY THE
PALM BEACH COUN1Y HEALTH DEP ARTJ\1ENT.
CURRENT PROTECTED CHANGE +
WATER DEMAND 30,962 GAL/DA Y 24,707.3 GAL/DAY - 6260.7 GALmA Y
SEWER DEMAND 23,016 GAL/DAY 24,707.3 GAL/DAY + 1691.3 GALmA Y
METHODOLOGY:
EXISTING:
LAND USE DESIGNATION: MODERATE DENSITY 7.26 DU/AC (MODR)
DENSITY PER SETTLEME1'\lT AGREE.J.\1ENT = 8.08 DU / AC
AVERAGE POPULATION PER UNIT: 2.39 PERSONS/UNIT
MAXIMUM UNITS ON 14.18 AC SITE PER SETILEMENT AGREEMENT: 115 UNITS.
POPUL\TION CALCULATION (14.18 ACRES X 8.08 DU/ AC X 2.39): 274 PERSONS
POTABLE WATER DEMAND (274 X 113 GAL/CAP/DAY): 30,962 GAL/CAP/DAY
SANITARY SEWER DEMAND (274 X 84/GAL/CAP /DAY): 23,016 GAL/CAP/DAY
PROPOSED:
LAND USE DESIGNATION:
MA...XThillM TOTAL FLOOR AREA:
MAXL.,illM SQUARE FOOTAGE (14.18 AC X 43560 S.P. X 40%)
POTABLE WATER DEMAND (247,073 S.F. X 1/10 GAL/S.p):
SANITARY SEWER D&\1AND (247,073 S.P. X 1/10 GAL/S.p):
GENERAL COMMERCIAL(GC)
40%
247,073 S. F.
24,707.3 GAL/CAP/DAY
24,707.3 GAL/CAP/DAY
CALCUL\ TIONS BASED ON CHAPTER 10.0.6 FLOW RATES
NOTICE OF LAND USE CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton
Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Ellen Smith of Unruh, Smith and Associates, Inc., regarding a total of 66.16 acres of property
located on the east and west sides of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the
intersection of Woolbright Road and S. W. 81h Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, on
Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL
COMMISSION CHAMBERS.
.....'-/2
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RE
--
WOOLBRIGHT PLACE PUD LAND USE AMENDMENT
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown on the attached
map, from Moderate Density Residential to High Density Residential. The proposed amendment is requested in
conjunction with the proposal to establish a new Planned Unit Development (PUD) on a 14. 18-acre parcel that is
proposed to be removed from the existing Woolbright Place PUD. The subject application is not being proposed
to alter the existing development as currently approved or constructed on the remaining 66.16 acres. The
subject amendment would change the land use on that portion of the PUD that is currently classified as
Moderate Density Residential, which would remain following extraction of the 14. 18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1 , according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the
Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18 acres; and less 30 feet of the
original 80 foot right-of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,900
square feel. Said lands lying and situate in Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning and Development Board and/or City Commission with
respect to the matter considered at these meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:ISHRDATA\PlanningISHAREDlWPIPROJECTS\First Baptist Church of BBILUARliegalnot.doc
WuOLBRIGHT PLACE pun
LAND USE AMENDMENT APPLICATION
WATER AND SEWER DEMAND
Hypothetically, the maximum water and sewer demand, given the increase in population
from 7.26 dulac to 10.8 dulac, would increase as follows:
CURRENT MAX DEMAND PROTECTED MAX. DEMAND CHANGE +
WA1ER 129,721 GAL/DAY 193,004 GAL/DAY + 63,283 GAL/DAY
SEWER 96,432 GAL/DAY 143,472 GAL/DAY + 47,040 GAL/DAY
However, because this proposal adds no actual units, the following table outlines how the
current water and sewer demand would be affected:
CURRENT MAX. DEMAND PROlEcrED MAX. DEMAND CHANGE +
WAlER 189,767.68 GAL/DAY 189,767.68 GAL/DAY 0
SEWER 131698.56 GAL/DAY 131698.56 GAL/DAY 0
50f5
DEC-15-9? 11,29 FROM, TRAMMELL CROW/RES.
10, 561 887 8848
PACE
.
Trammell Crow Residential
lfr~a"I....,
~
6400 Conlress Avenue
Boca Raton. FL 33487
(561) 997-9700
(561) 997-8649 (FAX)
FACSIMII E TRANSMIS.WON
DATE:
Jz--/l,-Q1
.
PLEASE D,E,LIVER TO:
, .
NAME:
COMPANY:
,
FAX NO: /)2. ~I .3 J ..I-{.,:l ~ 7
COMMENTS:
~~~
/.J - / J- 'l ?
d . (/
FROM: U701tV ,k.{;~1A-/
,
NO, PAGES (including cover sbeet) -3
(Pfew'e notifY this office i/-,ou do not receive all the pages intlicaled above.)
'ITie City of
13oynton 13eadi
-:; (
/A~h,
"
100 'E. 'Boynton 'Beodi 'Boufevara
P.O. 'BlJ;t310
'Boynton 'Beruh, :FforUfo. 33425-0310
City:Jiaff: (561) 375-6000
:F.9lX: (561) 375-6090
November 21. 1997
The IP ARC Clearinghouse
9835 -16 Lake Worth Road, Suite 223
Lake Worth, FL 33467
RE: PROPOSED AMENDMENT TO COMPREHENSIVE PLAN
Woolbright Place PUD LUAR Land Use Amendment (LUAR 97-004)
Attention: IP ARC Clearinghouse:
The City of Boynton Beach is processing an amendment to its Future Land Use Map. Please find
enclosed an executive summary and location map. The applicant is Unruh, Smith and Associates.
The proposed amendment is requested in conjunction with the proposal to establish a new
Planned Unit Development on a 14.18 parcel that is proposed to be removed from the existing
Woolbright Place Planned Unit Development. The subject application is not being proposed to
alter the existing development as currently approved or constructed on the remaining 66.16 acres.
The land usc is to be changed from Low Density Residential (LDR) to High Density Residential.
Public hearings on this proposed amendment will be held before the Planning and Development
Board on December 22, 1997 and before the City Commission on January 6, 1998; both at 7:00
P.M. in the Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida. Should you have any questions or need additional information, contact Dan
DeCarlo. Planner at 375-6260.
Sincerely,
''\:-'(\.,<..u,& (~~ rr-
Tambri Heyden, AICP
Planning and Zoning Director
TlH:mr
Enclosures
5l.rnerica'.s (jateway to tfu (juifstream
NOTICE: ~F LAND USE CHAN('~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BE:'\CH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00 p.m.
to consider the request described herein and submitted by Ellen Smith of Unruh, Smith and
Associates. Inc., regarding a total of 66.16 acres of property located on the east and west sides
of S.W. 8th Avenue, approximately one-quarter (1/4) mile north of the intersection of Woolbright
Road and S.W. 8th Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Comprehensive Plan Future Land Use Map designation for the property shown
on the attached map, from Moderate Density Residential to High Density Residential. The
proposed amendment is requested in conjunction with the proposal to establish a new Planned
Unit Development on a 14.18-acre parcel that is proposed to be removed from the existing
Woolbright Place Planned Unit Development. The subject application is not being proposed to
alter the existing development as currently approved or constructed on the remaining 66.16
acres. The subject amendment would change the land use on that portion of the PUD that is
currently classified as Moderate Density Residential, which would remain following extraction of
the 14.18-acre parcel.
LEGAL DESCRIPTION:
Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47
through 49 in the Public Records of Palm Beach County, Florida less Tract "F", a total of 14.18
acres; and less 30 feet of the original 80 foot right-of-way, transferred from Woolbright Place
PUD to Woolbright Place PCD, a total of 33,900 square feet. Said lands lying and situate in
Palm Beach County, Florida, containing 66.16 acres.
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board and/or City Commission with respect to the matter considered at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:\SHRDATA\PlannmgISHAREDlWP\PROJECTSIFirst Baptist Church of BBILUAR~egalnol.doc
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Page I of2
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE:
Reference #: LUAR 97-004)
General Information
Initiating Local Government: CIty of Boynton Beach, FL
Contact Person: Dan DeCarlo
Address: 100 E Bovnton Beach Blvd, Boynton Beach, FL 33425
TelephonelFax: 561-375-6261/561-375-6259
Applicant! Agent: Unruh, Smith & Associates
Telephone/Fax: 561-835-8505 / 561-655-5525
Proposed Comprehensive Plan Textual Amendments
General Summary of Amendments:
- amendments relating to traffic circulation or the roadway networks
- amendments relating to affordable housing
Amendments related to the following elements:
- land use
- traffic circulation
- mass transit
- ports and aviation
- housing
- infrastructure sub-elements
- coastal management
- conservation
- recreation and open space
- intergovernmental coordination
- capital improvements
other
-
Summary of addition (s) to adopted comprehensive plan:
..
Page 2 of2
Summary of proposed change (s) to adopted comprehensive plan:
Proposed Amendments to the Future Land U~~ Map
Location of proposed map amendment (include a location map) east & west sides ofS.W.Bth
Avenue, approx ! mile north of the intersection of Woolbright Rd & S.W. Bth Ave
Size of Area Proposed for Change (acres) 66.16
Present Future Land Use Plan Designation (include a density/intensity definition) Moderate
Density Residential (MoDR)
Proposed Future Land Use Designation (include a density/intensity definition) High Density
Residential (HDR)
Present Zoning of Site (include a density/intensity definition) Not applicaple
Proposed Zoning of Site (include a density/intensity definition) Not applicable
Present Development of Site Vinings Apartment Complex
Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage;
Industrial Square Footage; Other Proposed usage and intensity):
no change proposed
Is proposed change a Development of Regional Impact?
Comprehensive Plan Change Processing
DateJTimeILocation Scheduled for Local Planning Agency Public Hearing
December 22, 1997/7:00PM/Boynton Beach City Council Chambers
'"
DatelTimeILocation Scheduled for Governing Body Public Hearing
January 6, 199B/7:00PM/Boynton Beach City Council Chambers
Scheduled Date for Transmittal to DCA January 16, 199B