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CORRESPONDENCE Note: See DCA Transmittal, (92-1) for package submitted to DCA and any subsequent correspondence related to these proposed amendments. , . . -.-. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AffAIRS , ~ 2740 CENTERVIEW DRIVE' TALtAHASSEE, FLORIDA 32399.2100 . , LINDA LOOMIS SHELLEY LAWTON CHILES Covernor Secretary July 17, 1992 - The Honorable Arline Weiner Mayor, city of Boynton Beach Boynton Beach City Hall 10~East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Dear Mayor Weiner: The Department has completed its review of the adopted comprehensive plan amendment (DCA No. 92-1) for the City of Boynton Beach as amended on June 2, 1992 and determined that it meets the requirements of Chapter 163, Part II, Florida statutes, for compliance, as defined in Subsection 163.3l84(l) (b). The Department is issuing a Notice of Intent to find the plan amendment in compliance. The No~ice of Intent has been sent to the The News for publicatio~ on July 20, 1992. Please note that a copy of the amended City Comprehensive Plan, the Department's Objections, Recommendations and Comments Report dated April 6, 1992 and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Hall, Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. The Department appreciates the city's effort to prepare and adopt your Comprehensive Plan amendment to guide the growth and development of your community and further the growth management policies of the region and state. The Department would also like to thank your staff for their cooperation and efforts to respond to and address the issues raised in the Department's ORC Report dated April 6, 19~2. The City'S response document was very thorough and complete ilbECE'- ...----.i'\. address ing the Department's concerns. .L\.. .. IVEu JUl 21 PLANNING oliPr. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT' RESOURCE PLANNING AND MAN^,,<,~.Il'" -- . The Honorable Arline Weiner July 17,'. 1992 Page Two . ~ If you have any questions, please contact Robert Pennock, cnief, Bureau of Local Planning, Maria Abadal,'Plan Review Administrator, Paul F. Noll, Community Program Administrator, or David Dahlstrom, Planner IV, at (904) 487-4545. ,. Ci~ p~~ -' Charles G. Pattison, Director Division of Resource Planning and Management . CGPjrm Enclosures: Notice of Intent cc: Mr. Christopher cutro, Director of Planning Mr. Daniel M. Cary, Executive Director, Treasure Coast Regional Planning touncil ~. . ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE DOCKET NO. 92-1-NOI-5005-(A)-(I) The adopted City of Boynton Be~ch Comprehensive Plan Amend- mentes) and the Department's Objectiots, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Boynton Beach City Hall, Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. - Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to chal- len~ the proposed agency determination that the Amendment(s) to the City of Boynton Beach Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department o~ Community Affairs, 2740 Centerview Drive, .Tallahassee, Flor~da 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the~urpose of the administrative hearing will be to present evddence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene ia the proceeding. A petition for inter- vention must he filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hear- ings, Department of Administration, 1230 Apa1achee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to inter- vene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. '. (J~~ v4~~ Charles G. Pattison, Director Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 ,.. -- -.. rz1ie City of tJ3oynton tJ3eacfi 100 'E" 'Boynton 'BelUli. 'Bouftvara P.O, 'BO'l:.31O 'Boynton 'Beacti, ,torilla 33425,0310 (407) 738,7490 1xr: (407) 738,7459 PCanning '1Jtpart~nt, City:Jfa{( Comp~ 'West 'Wing -- December 18, 1991 Mr. Robert Pennock, chief Bureau of Local Planning Div. of Resource Planning & Management state of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 RE: Transmittal of proposed Comprehensive Plan Amendments Dear Mr. Pennock: Enclosed you will find nine (9) copies, (one copy has been sent directly to the Treasure Coast Regional Planning council), of eleven (11) applications that propose amendments to the Comprehensive Plan. These eleven applications consist of eleven (II) proposed amendments to the Future Land Use Map, and nine (9) proposed amendments to the Text of the Comprehensive Plan. The applications are listed and briefly described as follows: 1. Mall South (Future Land Use Map Amendment and Text Amendment): 2, Water Treatment plant Expansion (Future Land Use Map Amendment and Text Amendment); 3, Application #13-A (Text Amendment): - 4. Application #1 (Future Land Use Map Amendment and Text Amendment) ; 5. Application #3 (Future Land Use Map Amendment and Text Amendment) : 6. Application #10 (Future Land Use Map Amendment and Text Amendment) ; 7, Application #20 (Future Land Use Map Amendment and Text Amendment) ; 8. Application #21 (Future Land Use Map Amendment and Text Amendment) ; :iImerica's (jateway to tfie (julfstream TO: Mr. Robert Pennock -2- December 18, 1991 9, Application #25 (Future Land Use Map Amendment and Text Amendment) ; 10. Application #26 (Future Land Use Map Amendment and Text Amendment); and 11. Application #16 (Text Amendment). The above proposed applications were considered by the Planning and Zoning Board (Local Planning Agency) on December 10, 1991, and approved for transmittal by the city commission on December 17, 1991 at a public hearing that was held subsequent to due public notice. With respect to Rule 9J-11,006, which outlines the procedure and requirements for transmitting plan Amendments, please be advised of the following: (1) (a) 1. The proposed month of adoption for these Plan Amendments has been estimated based upon the 90-day review period and 60-day adoption period, as outlined in Rule 9J-11,006. Assuming that the information contained herein is complete, it is anticipated that second and final reading of the appropriate ordinances for these Amendments will occur in May of the fOllowing year. (l)(a) 2. The proposed Amendments are not in an area of Critical State Concern. (l)(a) 3. The proposed Amendments do not constitute an exemption from the twice per year calendar limitation on the adoption of Comprehensive Plan Amendments. (l)(a) 4, The proposed Amendments are not to be adopted under a joint planning agreement, (l)(a) 5. Contact person: Michael Rumpf Senior Planner City of Boynton Beach, P,O. Box 310 Boynton Beach, FL 33425-0310 Tel: (407) 738-7490 (1)(b)1,2 Nine (9) copies of the current Future Land Use Map are enclosed. This current Future Land Use Map indicates the location and proposed land use designation of each of the nine (9) proposed Future Land Use Map Amendments (Please note that the location map within each staff report may assist in the identification of boundaries for each proposed Amendment if it is unclear on the Future Land Use Map). - ---------_.._,-~--~--~ TO: Mr. Robert Pennock -3- December 18, 1991 The eleven (11) proposed Text Amendments can be found within the corresponding staff reports, as well as in the attached Section VIII. Land Use Problems and Opportunities (that portion of the Future Land Use Support Document that was adopted by reference into the Plan by Policy 1.16.4). The proposed changes to the Text are indicated by that which is underlined and cross-hatchered. Also included are nine (9) copies of the Future Land Use Element, Traffic Circulation Element, and the Future Land Use Support Document-Section VIII. Land Use Problems and Opportunities. (l)(b) 3. The attached Future Land Use Map also indicates the size of the subject property for all nine (9) proposed Amendments to the Future Land Use Map. (l)(b) 4. A description of the availability of, or demand upon public facilities is provided for each proposed amendment as outlined below: Mall South - The analysis of the availability of parks and recreation, drainage, solid waste, traffic, sanitary sewer, and potable water facilities can be found within Attachment "B" of the staff report for Mall South. In sum, this proposed amendment would only affect the availability of traffic facilities, and this issue will be addressed by project phasing, Water Treatment Plant Expansion - A description of the demand upon public facilities is not applicable to this proposed amendment as, the use of this site for the expansion of the city's water treatment plant would be consistent with the comprehensive Plan. According to the Comprehensive Plan, this site falls within the Public and Private Governmental/Institutional "overlay" land use category. This use and development is expected to comply with the use restrictions and recommendations found in the Future Land Use support Document, Section VIII Problems and Opportunities, Planning Area 4.e. Although the Future Land Use Map is being amended (see staff report, Utility Plant Expansion, for explanation), this is only being done in order to avoid possible confusion in the future with respect to the land use classification of this site. The following proposed amendments are in connection with several proposed rezonings that were denied by the City Commission, which were intended to implement the Comprehensive Plan. The rezonings were denied at advertised public hearings, and were based upon the TO: Mr. Robert Pennock -4- December 18, 1991 opinion/preference of the city Commission, a change in the circumstances or information that the original recommendations were based upon, and/or the opinion of the subject property owner or that of adjacent property owners. Application #13-A - No impact upon availability of facilities and, analysis of impact is not applicable. Amendment pursuant to City Commission action. The land use on this site is not being amended. The Text of the Comprehensive Plan (Planning Area 7.a) is being amended in order to delete the restrictions and recommendations for this site which are inconsistent with the City Commission's desires with respect to the zoning on this property. Application #1 - No impact upon availability of facilities. Amendment of Map and Text is pursuant to City Commission action. Amendment involves a 2-acre block, which contains only one undeveloped lot. The remaining lots have been developed for single family homes. Although the area is well established and is not expected to be redeveloped, if the area was redeveloped at a higher density, the impact would be insignificant. Application #3 - No impact upon availability of facilities, Amendment of Map and Text pursuant to City Commission action. The subject area consists of 2 acres developed for single family homes. Although the area is well established and is not expected to be redeveloped, if the area was redeveloped at a higher density, the impact would be insignificant. Application #10 - No impact upon the availability of facilities. Amendment pursuant to City Commission action. Land Use Amendment will result in a decrease in the potential impact upon public facilities. Application #20 - No impact upon the availability of facilities. Amendment pursuant to City Commission action. Subject area consists of only 1,88 acres, and is to be used for the expansion of the property owner's commercial business that is located adjacent to the subject property. Application #21 - No impact upon the availability of facilities. Amendment pursuant to City Commission action. A portion of the property is to be changed to a lower intensity land use, and the remaining property is to be changed from High Density Residential to Local Retail Commercial; a total change in land use that is arguably comparable when considering the acreage involved, TO: Mr. Robert Pennock -5- December 18, 1991 Application #25 - No impact upon the availability of facilities. Amendment pursuant to city Commission action, There currently exists a mixture of both retail and office uses along this corridor (subject property), which consists of small, developed lots. Total conversion of this corridor to retail uses would not significantlY impact public facilities. Application #26 - No impact upon the availability of facilities. Amendment pursuant to City Commission action. Land Use Amendment will result in a decrease in the potential impact upon public facilities. Application #16 - No impact upon availability of facilities and, analysis of impact is not applicable. Amendment pursuant to City Commission action. The land use on this site is not being amended. The Text of the Comprehensive Plan (Planning Area 1.a) is being amended in order to delete the restrictions and recommendations for this site that are inconsistent with the City Commission's desires with respect to the zoning of this property. (l)(b) 5. Information regarding the compatibility of the proposed Future Land Use Map Amendments and Text Amendments with the Land Use Element objectives and policies and those of other affected elements is provided as outlined below: Mall South - This proposed amendment is not inconsistent with any objective or policy of the Comprehensive Plan. please see the staff report for the justification of the Text Amendment. Water Treatment Plant Expansion - This proposed amendment is not inconsistent with any objective or policy of the Comprehensive Plan. The use of this site for the expansion of the City's water treatment plant would be consistent with the Comprehensive Plan, According to the Comprehensive Plan, this site falls within the Public and Private Governmental/Institutional "overlay" land use category. This use and development is expected to comply with the use restrictions and recommendations found in the Future Land Use Support Document, Section VIII. Problems and opportunities, Planning Area 4.e, Application #13-A - This proposed amendment is not inconsistent with any objective or policy of the Comprehensive Plan. The land use on this site is not being amended. The Text of the Comprehensive Plan TO: Mr. Robert Pennock -6- December 18, 1991 (Planning Area 7,a) is being amended in order to delete the restrictions and recommendations for this site which are inconsistent with the City Commission's desires with respect to the zoning of this property. Application #1 - The proposed amendments are consistent with the Comprehensive Plan. The potential maximum impact of this amendment is insignificant with respect to the change in demand for potable water or sanitary sewer facilities. Furthermore, cognizant of the land use changes proposed (Application #1 thru Application #26), which consists of both increases and decreases in residential and commercial development potential, the total change in the demand for water and sewer facilities will be balanced (policies 1,4.5, 1. 5.5) . Application #3 - The proposed amendments are consistent with the comprehensive Plan (see explanation above for Application #1). Application #10 - The proposed amendments are consistent the with Comprehensive Plan. Application #20 - The proposed amendments are consistent with the Comprehensive Plan and, specifically Policies 1.17.1 and 1.19.6 (please see the staff report for Application #20). Application #21 - The proposed amendments are consistent with the Comprehensive Plan, and specifically Policies 1,4,5, 1.5.5, 1.17.1, and 1,19,6 (Please see the explanation for Application #1 above, and the staff report for Application #21) Application #25 - The proposed amendments are consistent with the objectives and policies of the Comprehensive Plan. In addition to the explanation contained in Application #1, which applies to this application, it is specifically consistent with Objective 1.17 (please see the staff report for Application #25). Application #26 - The proposed amendments are consistent with the objectives and policies of the Comprehensive Plan. Furthermore, they are specifically consistent with Objective 1,17 (please see the staff report for Application #26). Application #16 - This proposed amendment is consistent with the objectives and policies contained within the Comprehensive Plan. TO: Mr. Robert Pennock -7- December 18, 1991 (1) (c) The staff recommendations are contained in the attached staff reports for each of the proposed Amendments within the following memorandums: Mall South - Memorandum #91-318 Water Treatment Plant Expansion - Memorandum #91-313 Application #13-A - Memorandum #91-304 Application #1 - Memorandum #91-305 Application #3 - Memorandum #91-312 Application #10 - Memorandum #91-306 Application #20 - Memorandum #91-307 Application #21 - Memorandum #91-308 Application #25 - Memorandum #91-309 Application #26 - Memorandum #91-310 Application #16 - Memorandum #91-311 The recommendations from the Local Planning Agency (Planning and Zoning Board) are contained in the attached memorandums for each of the proposed Amendments as outlined below: Mall South - Memorandum #91-325 Water Treatment Plant Expansion - Memorandum #91-326 Application #13-A - Memorandum #91-328 Application #1 - Memorandum #91-329 Application #3 - Memorandum #91-330 Application #10 - Memorandum #91-331 Application #20 - Memorandum #91-332 Application #21 - Memorandum #91-333 Application #25 - Memorandum #91-334 Application #26 - Memorandum #91-335 Application #16 - Memorandum #91-336 . , TO: Mr. Robert Pennock -8- December 18, 1991 The recommendations from the Local Governing Body (City Commission) are as follows: Mall South - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments, Water Treatment Plant Expansion - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application ~13-A - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of this proposed Amendment, Application ~1 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of this proposed Amendment. Application ~3 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application ~10 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application ~20 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application #21 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application ~2S - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of these proposed Amendments. Application ~26 - The Local Governing Body, by unan~mous vote, recommended to approve the transmittal of these proposed Amendments. Application ~16 - The Local Governing Body, by unanimous vote, recommended to approve the transmittal of this proposed Amendment. , . TO: Mr. Robert Pennock -9- December 18, 1991 If you have any questions concerning these proposed plan Amendments, please do not hesitate to contact Senior Planner Michael Rumpf. very truly yours, ~~ Christopher cutro, AICP Planning Director CC:mwr Encs cc: Dan cary, Treasure Coast R.P.C., Executive Director (wi enclosures) Kieran Kilday central File A:TRANSLUA