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CORRESPONDENCE .' ~ I .. ,'~'; ~'( "#'~, '~~~:" 1""~4 · . ......1Ir, , . S".'- ~; ;~v'~~ ,~' ,,--' '>.~ .#1- ",<} STATE DEPARTMENT OF OF FLORIDA COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE' T"LL"H"SSEE, FLORID" 32399.2100 Lawton Chiles Governor William E. Sadowski s.c.....,. Ff'bruary 8, 1991 The Honorable Gene Moore Mayor, city of Boynton Beach City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435 RECEIVED FEB 12 1991 CITY MANAGER'S OfT.~:: Dear Mayor Moore: The Department has completed its review of the Comprehensive Plan amendments (Amendment 90-2 and 90-S1) for the City of Boynton Beach, as adopted on December 18, 1990, and determined that they meet the requirements of Chapter 163, Part II, Florida statutes, for compliance, as defined in Sub-section 163.3184(1)(b). Amendment 90-2 includes the stipulated Settlement Agreement amendments. The Department is issuing a Notice of Intent to find the Plan Amendments In Compliance. The Notice of Intent has been sent to the Eglm Beach Post for publication on February 9, 1991. Please note that a copy of the City of Boynton Beach Comprehensive Plan Amendments, the Department's Objections, Recommendations and Comments Report of October 22, 1990 and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City hall, Planning Department, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. The Department appreciates your city's effort to prepare and adopt these Comprehensive Plan Amendments to guide the growth and development of your community and further the growth management policies of the region and state. Very soon, the Department's attorneys, in conjunction with your attorney, will be filing a motion for the hearing officer to relinquish jurisdiction over your Plan, as amended, so the Administration Commission can enter an order finding your plan as amended "in compliance." EMERGENCV M"N"GEMENT . HOUSING "NO COMMUNITY DEVELOPMENT' RESOURCE PL"NNING "NO M"N"GEMENT The Honorable Gene Moore February 8, 1991 Page Two If you have any questions, please contact Robert Pennock, Chief, Bureau of Local Planning, or Maria Abadal, Plan Review Administrator, at (904) 487-4545. Sincerely, ROKJeNt-q. M~ Robert G. Nave, Director Division of Resource Planning and Management RGN/pnp Enclosure: Notice of Intent cc: Christopher Cutro, Planning Director Daniel M. Cary, , Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA D~~ARTMENT OF COMMUNITY AFFA1~S NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 90-2-NOI-5005-(A)-(I) The Department gives notice of its intent to find the amendment(s) to the Comprehensive Plan for City of Boynton Beach, adopted by Ordinance Nos. 090-69, 090-72, 090-74, 090-60, 090-66, 090-76, 090-78 and 090-58 on December 18, 1990, IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S. The adopted City of Boynton Beach Comprehensive Plan amendments and the Department's Objections, Recommendations, and Comments Report, are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Hall, Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to chal- lenge the proposed agency determination that the amendment(s) to the City of Boynton Beach Comprehensive Plan are in compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for inter- vention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 221-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to inter- vene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. R~~~: iv~~ctor Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 CITY of BOYNTON BEACH DRAFT ~ ~ 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynton Beach, florlda 33435-0310 (4071734-8111 OFFICE OF THE PLANNING DIRECTOR July 10, 1990 Mr. Robert Pennock, Chief Bureau of Local Planning Div. of Resource Planning & Management State of Florida Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 RE: Transmittal of Comprehensive Plan Amendments Dear Mr. Pennock: Enclosed you will find ten copies of documents for the following Comprehensive Plan Amendments for the City of Boynton Beach: 1. Knuth Road PCD (Future Land Use Map and Text Amendments) 2. Boynton Beach Boulevard PCD (Future Land Use Map and Text Amendments) 3. Tara Oaks PUD (Future Land Use Map and Text Amendments) 4. Woolbright Place (Poinciana Park) - Future Land Use Map Amendment 5. Winchester Property Text Amendment 6. Adult Entertainment in the Industrial Land Use Category 7. Amendments to Levels of Service for Recreation Facilities 8. Comprehensive plan Amendments Pursuant to Stipulated Settlement Agreement Between The City and the Florida Department of Community Affairs TO: Mr. Robert Pennock -2- July 10, 1990 The above Amendments were considered by the Planning and Zoning Board on Tuesday, June 12, 1990, sitting as the Local Planning Agency, and also by the City Commission on Tuesday, June 19, 1990, at pUblic hearings which were held after due public notice. The Boynton Beach City commission has approved the transmittal of these Plan Amendments to the Department of Community Affairs. With respect to Rule 9J-11.006, which outlines the procedure and requirements for transmitting Plan Amendments, please be advised of the following: (l)(a) 1. The proposed month of adoption for these Plan Amendments will be based upon the date of completion of DCA's review within the 90 day statutory review period. It is anticipated that second reading of the ordinances to annex, amend the future land use element/text and rezone (where appropriate for each Amendment) will occur within 60 days of receipt of comments from your agency. Assuming that the documents and information contained herein are sufficient, it is anticipated that second and final reading of the appropriate ordinances for these Amendments will occur in November of this 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 Amendments are not proposed to be adopted under a joint planning agreement. (l)(a) 5. Contact person: James J. Golden Senior City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 Tel: (407) 738-7490 (1)(b)1&2.Ten copies of the entire amended Comprehensive Plan are enclosed, since this transmittal includes Amendments which address the Notice of Intent to Find The Comprehensive Plan Not in Compliance. The information required for items (l)(b) 1 and (l)(b) 2 is included on the Future Land Use Map. TO: Mr. Robert Pennock -3- July 10, 1990 (l)(b) 3.The size of the sUbject property for Amendments No. 1 through 4 is contained within the staff report for these Amendments, and is included on the master plans for Amendments No.1 through 3. The size of the subject property is not applicable to Amendments No. 5 through 8. (l)(b) 4.For Amendments No.1, 2 and 3 above, a description of the availability of and the demand on public facilities is provided as outlined below: Sanitary Sewer and Potable Water Correspondence is provided from the City Utilities Department under cover sheet entitled "sanitary Sewer and Potable Water" for each of the 3 projects. Solid Waste Correspondence is provided from the Palm Beach County Solid Waste Authority under cover sheet entitled "Solid Waste" for each of the 3 projects. Drainage Correspondence is provided from the Lake Worth Drainage District under cover sheet entitled "Drainage" for each of the 3 projects. Traffic Circulation All documentation concerning traffic can be found in Exhibit "D" of the 3 staff reports (Planning Dept. Memorandums No. 90-157, 90-161, and 90-177), with the exception of the applicant's traffic impact analysis, which can be found under the cover sheet entitled "Applicant's Traffic Impact Analysis" for each of the 3 projects. Recreation With respect to Amendments No.1, 2, and 3, the Tara Oaks PUD, Amendment No.3, represents the only residential development of these projects. The recreation issues are outlined in the staff report (Planning Dept. Memorandum No. 90-177) and the conceptual details are shown on the proposed master plan for the PUD. TO: Mr. Robert Pennock -4- July 10, 1990 With respect to Amendment No.4, the Woolbright place land use element amendment for poinciana Park was submitted pursuant to a Stipulation and Settlement Agreement for Tradewinds Development Corporation vs. The City of Boynton Beach. The language concerning public facilities for this development is contained in The Comprehensive Plan Future Land Use Element Support Documents (Volume No.1), Section VIII, Planning Area 8, item 8.a. on page 91. A copy of page 91 can be found in the agenda packet behind Planning Dept. Memorandum No. 90-148. The remaining Amendments-- No. 5 through 7--are non-development related Amendments that do not create a demand for pUblic facilities. (l)(b) 5. Information regarding the compatibility of the proposed Future Land Use Map Amendments with the Land Use Element objectives and policies and those of other affected elements can be found in the staff report for Amendments 1 through 4, as outlined below: 1. Knuth Road PCD - Planning Dept. Memorandum No. 90-161 2. Boynton Beach Boulevard PCD - Planning Dept. Memorandum No. 90-157 3. Tara Oaks PUD - Planning Dept. Memorandum No. 90-177 4. Woolbright Place (Poinciana Park) - Planning Dept. Memorandum No. 90-148 (1) (c) The staff recommendations are contained within the memorandum listed under item (l)(b) 5 for Amendments 1 through 4. For Amendments 5 through 8, the staff recommendations are contained in the following memorandums: 1. Reference Amendment is-Winchester Text Amendment - Planning Dept. Memorandum No. 90-163 2. Reference Amendment i6-Adult Entertain- ment in the Industrial Land Use Category - Planning Dept. Memorandum dated June 4, 1990 from Timothy P. Cannon to the Planning and Zoning Board TO: Mr. Robert Pennock -5- July 10, 1990 3. Reference Amendment *7-see par. 4 below 4. Reference Amendment *8-Comprehensive Plan Amendments Pursuant to Stipulated Settle- ment Agreement Between the City and the Florida Department of Community Affairs and the Planning Dept. Memorandum dated June 4, 1990 from Timothy P. Cannon to the Planning and Zoning Board The recommendations from the Local Planning Agency (Planning and Zoning Board) are outlined below: 1. Knuth Road PCD - Planning Dept. Memorandum No. 90-186 2. Boynton Beach Boulevard PCD - Planning Dept. Memorandum No. 90-185 3. Tara Oaks PUD - Planning Dept. Memorandum No. 90-187 4. Woolbright Place (Poinciana Park) - Planning Dept. Memorandum No. 90-183 5. Winchester Text Amendment - Planning Dept. Memorandum No. 90-188 6. Adult Entertainment in the Industrial Land Use Category Planning Dept. Memorandum No. 90-190 7. comprehensive Plan Amendments Pursuant to Stipulated Settlement Agreement between the city and the Florida Department of Community Affairs - Planning Dept. Memorandum No. 90-191 8. Amendments to Levels of Service for Recreation Facilities - Planning Dept. Memorandum No. 90-191 The recommendations from the Local Government Body (City Commission) are outlined below: 1. Knuth Road PCD - see attached draft approval letter 2. Boynton Beach Boulevard PCD - see attached draft approval letter 3. Tara Oaks PUD - see attached draft approval letter TO: Mr. Robert Pennock -6- July 10, 1990 4. Woolbright Place (Poinciana Park) - see attached draft approval letter 5. Winchester Text Amendment - see attached draft approval letter 6. Adult Entertainment in the Industrial Land Use Category--the City Commission unanimously recommended approval of this proposed Amendment 7. Same as #8 below 8. Comprehensive Plan Amendments Pursuant to Stipulated Settlement Agreement Between the City and the Florida Department of Community Affairs--the City Commission unanimously recommended approval of these proposed Amendments If you have any questions concerning these Plan Amendments, please do not hesitate to contact Senior Planner James J. Golden. Very truly yours, CITY OF BOYNTON BEACH ~ J! ~..~~ TIMOTHY P. CANNON Interim Planning Director JJG:frb Encs cc: Kieran Kilday Central File C:DCADraft CITY of BOYNTON BEACH D R AFT @ ".', . ~ . . . r: -.. 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach. Florida 33435.0310 (407/ 734.8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Winchester Text Amendment - File No. 468 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced text amendment subject to the staff recommendations contained within Planning Department Memorandum No. 90-163 (see attached). If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH D R AFT @ 100 E. Boynton Beach Blvd. P.O, Box 310 Boynlon Beach, Florida 33435-0310 (407) 734-8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Woolbright Place (Poinciana Park) - File No. 471 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced land use element amendment subject to the stipulation that the sUbject parcel be conveyed by the City concurrently with the conveyance to the City of the park site which is required to be dedicated for the Woolbright Place PUD. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKi1day CITY 0 f BOYNTON BEACH DRAFT @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynlon Beach, florida 33435.0310 (407) 734.BIII June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. lOOA West Palm Beach, FL 33401 RE: Tara Oaks PUD - File No. 90-473 Dear Mr. Kilday: Please be advised that on approved the above-referenced land rezoning subject to the following: 1990, the City Commission use element amendment and 1) Staff comments. contained within Planning Department Memorandum No. 177 (see attached). 2) An amendment to the Future Land Use Element Support Documents of the Comprehensive Plan to incorporate conditions of approval and to mitigate the impact of the proposed PUD on adjacent properties (see attached). 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of the landscaping, buffers, and walls presented to the City Commission. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH DRAFT @ 100 E. Boynton Buch Blvd. P. O. Box 310 Boynton Be.ch, florid. 33435.0310 14071 734.BI11 OFFICE OF '!HE PIJ\NN1N3 DIRECI'OR June 25, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Knuth Road PCD - File No. 494 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced annexation, land use element amendment, text amendment, and rezoning sUbject to the following: 1) Staff comments contained within Planning Department Memorandum No. 90-161, with the exception of the requirement that the mechanical equipment be roof-mounted. The language in the proposed text amendment to Area 7.j is to be modified to allow the mechanical equipment to be ground mounted. 2) Compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance, if the applications are sUbsequently determined to have been submitted incomplete prior to February 1, 1990. 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of the landscaping, buffers, and walls presented to the City Commission. 5) Construction of Knuth Road north of the L.W.D.D. L-25 Canal, including the canal crossing, if this PCD proceeds with construction prior to the Boynton Beach Boulevard PCD. 6) Prohibition of automobile repair and servicing within the site. TO: Mr. Kieran J. Kilday -2- June 25, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH DRAFT ~ ~ 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynton Beach, Florida 33435-0310 (4071 734-Bl11 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Boynton Beach Boulevard PCD - File No. 493 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced annexation, land use element amendment, text amendment, and rezoning subject to the following: 1) Staff comments contained within Planning Department Memorandum No. 90-157, with the exception of the requirement that the mechanical equipment be roof-mounted. The language in the proposed text amendment to Area 7.k is to be modified to allow the mechanical equipment to be ground mounted. 2) Compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance, if the applications are subsequently determined to have been submitted incomplete prior to February 1, 1990. 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of Knuth Road north of the L.W.D.D. L-25 Canal, including the canal crossing, if this PCD proceeds with construction prior to the Knuth Road PCD. 5) Construction of the landscaping, buffers, and walls presented to the City commission. 6) prohibition of automobile repair and servicing within the site. TO: Kieran Kilday - 2 - June 25, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs. A:KJKilday