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AGENDA DOCUMENTS 6.A.3 BOYNTON BEACH BOULEVARD peD TIME EXTENSION PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-091 TO: FROM: Chairman and Members Planning and Development Board Tambri J. Heyden '7JtJ Planning and Zoning Director Michael E. Haa1)'C~ zoning and site elopment Administrator March 9, 1995 THRU: DATE: SUBJEeT: Boynton Beach Boulevard PCD - File No. CNTE 94-003 & MPTE 94-001 Time Extension (Amendment to Planning and zoning Department Memorandum 95-044) At the request of the applicant, Kieran Kilday, the Planning and Development Board at their February 14, 1995 meeting postponed action on the request for a time extension for zoning/master plan approval and concurrency exemption for the above-referenced project. The applicant requested postponement due to incomplete traffic information and related unresolved issues. This memorandum serves to address these issues that could not be addressed in the original staff report, Planning and Zoning Department Memorandum No. 95-044. Based on recent Commission sentiment regarding approving multiple and retroactive time extension requests, staff has required, pursuant to the concurrency management ordinance, traffic information to be submitted with such requests. The purpose of the traffic information is to identify any repercussions associated with approving a time extension with an exemption from current traffic requirements; the difference between traffic improvements that were required at the time of the original development order vs. improvements that would be required today. For example, the original traffic study did not include all roadway linJ,s reviewed under the existing Traffic Performance standard Ordinance. As indicated in the original staff report, there was a concern regarding the traffic level of service of Gateway Boulevard, between Congress Avenue and Military Trail, currently over capacity. The Traffic Division of Palm Beach County has reviewed the updated traffic data supplied by the applicant's engineer for this Gateway Boulevard roadway link. It was determined that the current Traffic Performance standards (TPS) would restrict construction of the PCD's 120,000 square feet of general retail to 75,700 square feet of general retail (3,361 daily trips) until Gateway Boulevard is widened to six lanes, scheduled for fiscal year 96/97. The updated traffic analysis reviewed by the County included two (2) outparcels; a 5,625 square foot bank with drive- through and a 4,000 square foot high-turnover restaurant, generating a total of 4,818 net daily trips (find attached Exhibit "AA" - letter from Mr. Dan Weisberg, Palm Beach County - Traffic Division, dated March 7, 1995. It is Staff's recommendation that the square footage restriction identified in the fourth paragraph of the March 7, 1995 letter from Mr. weisberg be added to staff's original recommendation of approval. This recommendation includes a re-evaluation at time of site plan review of the trips generated fcr any of the proposed outparcels. Since outparcels are usually occupied by high traffic generators, such as the fast, food drive-through restaurants the square footage allowed to be constructed prior to the widening of Gateway Boulevard may have to be further limited. / Page 2 Boynton Beach Boulevard PCD Memorandum No. 95-091 The applicant is requesting an agreement be made with the city that would allow either the subject project or the Boynton Beach Boulevard PCD (which has the same square footage restriction) to utilize all or part of the total trips (6,722) that the projects would be allowed before the widening of Gateway Boulevard (see attached Exhibit "BB" - March 6, 1995 letter from Kieran Kilday). At this time, staff does not have a recommendation on this issue until the county can respond on this issue. MEH:dim Attachments a:BeBTmB~t.a~d/P'O ~ E X H I BIT AA .--, -5 r1AR-L::I?-1 (.:I'3~: 0'':'; 27 +..---'22222222222222 407 478 5770 P.02,03 county AdmInIstrator Robert Weisman Board of COllllty Commissioners Kl:!tl. L. FostiEr, Ch(\il'n1.m Burt Aaronson. Vice C\lahman Karen T. Mm'C\ltl C~rol A. Robel!' Won-en H. NeweU Marl' McCarty -'i.lId. FOld Lc~ Department of Engineering and Public Works Hat'ch 7, 1995 Mr. Mike Haag City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, fL 33425-0310 RE: BOYNTON BEACH BOULEVARD P.C.D. KNUTH ROAD P.C.D. TARA OAKS P.U.D. Dear Mr. Haag; The P<.lm Beach County Traffic Division has traffic reviewed the three traffic analyses prepared by Simmons III White for these three proposed developments. The three studies are updates to the K. S. Rogers traffic studies prepared in 1990. They Ilse the trip generation and trip distribution from the K. S. Rogers studies' and update the existing traffic volumes (1994) and the future traffic (1997) volumes. These traffic studies do not address traffic on Gateway Boulevard fDr the tria P,C.D.s, as would be required by the existing Traffic Performance Starldards (TPS). A letter received yesterday from Simmons & Wh1te provides some of the requested additiDnal Information for Gateway Boulevard. P..lm!1Q!LBea.:h Boulevard p.e.D. The upd.ted Lr'.rric study addl'esses 120,000 square fect of general retail, The traffi: stUdy states that the it address 110,375 square feet of general retail and outnareels consisting of a 5,625 square foot bank with drive-through and a 4.000 square foot high-turnover restaurant. The outparcels are high traffiC generators and the traffic study does not properly address the outparcel uses. The 120.000 square feet of retail will generate 4,BI8 net daily trips with a build,.cut of 1997. The study shows that the project will meet the requirements of TPS on all roadways except Gateway Boul evard. Gateway Boul evard rest riets the d.vplopment to 75.700 square feet of general retail (3,361 daily trips) until it is .,idene.d 1.0 six-lanes in FY 96/97. Knuth Roact.l~ The updated traffic study addresses a 120,000 square foot Shopping center which includes !1i).~75 square feet of general retail and outllareels consisting a 4,500 sq"are f'o~t bank with drive.through and service station with a 2,000 square foot convQniwncQ store and a car wash. The project will generate 6,221 net daily trips with a build.out of 1997. The study shows that the project will meet the ~oqui l'omenh of TPS on all roadways except Gateway Boul evard, Gateway Boul evard "All Equ:tl O}~pmhm'l}'. Affit'n"\:tth'"" Action El1lplnrer" i$ ~~~tJ~" ......)"t.'.ol'" ~'-'P"( Do,21229 West Palm Ile.,h, Florida 33~16,1Z29 (407) 6R4-4UUU 4 I'II~R-Ct'";" -1995 0'::1 : 27 2-~.'2222222222222 '07 478 5770 P,~3/03 March 7, 1995 Mr. MI ke Haa9 BOYNTON BEACH BOULEVARD P.t.D. KNUTH ROAD P.C.D. TARA OAKS P.U.D. page two restricts the development to 75,700 square feet of general retail (3,3el dally tr'lps) untll it 1$ widened to six-lanes In FY 96/97. Tara Oaks P.U.D. The updated traffic stUdy discusses a project consisting of 19Z multi-family dwalling units and a 20,000 square foot church. This project would generate 1,498 daily trips. The study mentions an unidentified previous petition which accounts for 710 of the prOjects daily trips. Like the K. S. Rogers study, the updated stUdY does not address these trlps. Rather, it addresses 72B daily trips from an undefined project. The updated'study shows that this undefined project meets TPS on all roadways, based on a build-out of 1997. In your letter dated January 20, 1995, your requested verification that the roadway improvements listed in the Simmons & White reports are still applicable. There is no information in these reports that allows me to verify the need for those roadway improvements. I am sorry for the delay in res~ondin~ to your request. The form of the updated traffic studies and missing informatlon did not allow a timely review. If you have any Questions regarding this determination, please contact me at 684-4030. 5i ncere ly. / OFFICE OF THE COUNTY ENGINEER ~~~ Dan Weisberg, P.E. Senior Registered Civil [ngineer CC, Pob Rennebaum, P.E.. Simmons & White File: lPS - Mun, - Traffic Study Review h:\traffic\diw\boyn37 TOTAL P.I2I::l .-/ ~ E X H I BIT BB 4:, l'm-05-"~5 I'DI 15:04 W:I<ILf'o.\, & ASSOC. TEL !(J: 407-689-2592 11340 POl lib, II AIIDlI_ I.Ind1t1~ ArGhlllOII/PI,""er. llllll PONm...... 1.1e. 100" WHI P.I,." I...", JII.,ld. 23401 14071 11II-&&:1.'1 . ,.., 14071 1RIl-~1III2 MllI'Qh 8, 1881t MI. Tambrl Hayden, Plamlng Director City of Boynton 81ll8Ch Planning & Zoning Department 100 Eut Boynton Beach Blvd. Boynton Beech, FL S3426 /fo) iii-trow [ff rfnJ Wi J.Wl 6 I mJ ~o~~WM~o Re: Knuth Road P.C.D, 'and Boynton Beach P,C.U. Time Extenllona Our Project No.: 799,18 Dear Ms. Heyden, Thank you for meeting with Bill Winchester and myoelf last week to dl~u.. the Tim. Extenalona for Boynton Beaoh P,C.D, and Knuth Roael P.C.D. AI of thle datil, I am sU11 waiting for verification from the County engineer that pholng for each of the above projects would only occur after the trips generatea by eaen prolec~ exceeds 3,361 trips per day. This number Is the number that WII8 calculated by our traffic engineer. Mr. Robert Renn9baum. In 88llgnlng the 1" that Is allOWed to utilize GateWl!ly Boulevard end WOrking the trip. baekwards to tho Illte baaed upon the aalignments contained In the origtnal trafflo study. As you are aware, Mr. Winchester 18 concerned that this project Is being required to retroactively meet phasing requirements when !here are many other projects In the City of Boynton Beeh which have reclllvecJ eldenllons without any phasing requlr"ment. For that rClUOn, wo are requntlng an agreement with the City that either proJ~ be allowed to utilize all or part of the 13,722 total trips that the prolect8 would be allowed before the requirement of phBslng, In other WOrds, since each project would be pennlttecJ to generate 3,361 trips It makes sense that we be allowed to assign either all or part of the trips to one project as It Is likely that 011. project will move ahead quicker than the other project One addltlonallB$ue which we dlscussecl at our meeting which we woulclllke to have I'esolved at tl'l8 time of the consideration of the extension request Is the tact that the Knuth Road P.C.D. has an approval on It's Master Plan Including a service statlOI1. While we are aware that the service Btatton criteria which Wi. adopted alter this approval would not allow this use at this comer, our ability to proceed j.--, / I'~R-O~-' 95 !Till 16:05 ID:I<ILOqy ~l ASSO::. TEL I D: 407-689-259:' 11340 P02 MI. Tambri Heyden MllU'Ch 8, 18815 Pageli! using our approved master plan Is very Important. In all probability, baaed on some very reoent dlsouulons with usera of the Knuth Road p.o.e., _ believe thet the service *lIon use will In filet be the flrat ph... of the dMopmant of this centtlr. AddltlONlUV. wlth thl oonltn.lotlon of the 1.-vlo.lIUltlon, wtl hope to b. In II pelltlon to construct Knuth Aoad from Ita current terminus and 18 lIOuthelt)' to the canal crossing. (Tara oaks P.U.D. wfll continue this COI'1l1l1JCllOn lCluthllty to Woolbrlght Road.) At this tIm., Wlil expect the petition to be hean:I by the Planning Commllllon on Maroh 14, 1996. I will make my.elf available lit any time should you wish to discuss thllll8 matters tunher. I will continue to leek WIluen confirmation from the COUnty Engineer that the pha8lng requirement referenced In thla letter lain face OOIT8Ot. slncer~ ", KIeran J. KlldaV KIlday & AMooiatea, Ino. co: Mike SohroedGr Bill W1ncheeter , B PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-044 TO: Chairman and Members planning and Development Board THRU: Tambri J. Heyden Planning and Zoning Director FROM: Michael E. Haag Zoning and Site Development Administrator DATE: February 9, 1995 SUBJECT: Boynton Beach Boulevard PCD - File No. eNTE 94-003 & MPTE 95-001 Time Extension (zoning/master plan approval and concurrency exemption) NATURE OF REOUEST Kieran Kilday of Kilday & Associates, agent for Bill Winchest~r, property owner, is requesting an indefinite time extension for Planned eommercial Development (PCD) zoning/master plan approval and concurrency exemption for the Boynton Beach Boulevard PCD (see Exhibit "A" - letter of request). The master plan consists of 120,000 square feet of retail, which includes two outparcels; a 5,625 square foot bank and a 4,000 square foot restaurant (see Exhibit "B" - original master plan). The peD is to be located at the south side of the intersection of Boynton Beach Boulevard and Winchester Boulevard. BACKGROUND On December 18, 1990, the eity eommission approved an ordinance annexing the sUbject property. After review by the Department of Communi ty of Affairs (DCA) and despite objections, they also approved ordinances for a land use element amendment that changed the Residential 8 (palm Beach eounty) classification of the property to the eity's Local Retail Commercial classification and rezoning of the property from AR, Agricultural Residential (Palm Beach eounty) to PCD, with a specific master plan. The adopted comprehensive plan amendment was transmitted to DeA on December 19, 1990, along with responses to DeA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. These applications were submitted prior to the effective date of Palm Beach eounty's traffic performance standards ordinance and of the eity's concurrency management ordinance. Therefore, concurrency exemption for traffic and drainage was granted with the 1990 approval. On June l6, 1992, the City Commission granted a one (1) year time extension that extended the project's June la, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until the subject extension which was filed in November 1994; a period of one year and five months. This is the need for a retroactive extension. ANALYSIS Several sections of the code of ordinances govern these types of extensions. Regarding expiration of the concurrency exemption for the project, Section 19-92 (e) of Chapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate or exemption". It furthers states that "time extensions may be granted for any length of time which does not exceed one year". Historically, retroactive extensions combined with a "current" extension that equate to more than one year, have been granted under certain circumstances. I Page 2 Planning and Development Board Memo No. 95-044 Time Extension for Boynton Beach Boulevard PCD February 9, 1995 Regarding the projects's previous exemption to the current drainage and traffic levels of service, the project meets the current drainage requirements. A traffic study was submitted in an attempt to determine whether the project, subject to the original traffic conditions, would meet current traffic requirements. The current standards for traffic studies would require evaluation of roadways not evaluated in the original study. The study submitted was not complete in that it did not evaluate the additional roadways that would be affected. The Palm Beach eounty traffic division is coordinating the receipt of this additional information and indicated that they would try to have a response to the eity by the Planning and Development Board meeting. However, they did indicate that if the time extension were not granted and the project was required to meet current standards, Gateway Boulevard, betw~en eongress Avenue and Military Trail, would be negatively impacted. Since, this road link is not scheduled for improvement by Palm Beach eounty until fiscal year 1996/1997, a development order could not be issued for the project earlier than this, unless the developer made the improvements to the road, for which he could receive road impact fee credit. The only option available would be to phase development of the shopping center. The other section applicable to this request is Section 9.e.13 of Appendix A - Zoning, wherein it states that the eity eommission shall review any rezoning approval to a planned zoning district (PUD, PID or PCD) that has expired and take action in accordance with paragraphs a. and b. below: II a. The city commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in the manner specified above does not occur by the end of said time extension, the city commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The city commission may instruct the city manager to file an application to a more restrictive zoning district and/or future land use category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land use map use category." consistent with Section 9.e.13 of AppendiX A - Zoning, the planning and Zoning Department is forwarding the request for review and direction regarding the status of" the approval. If the approval is not retroactively extended, the eity eommission may wish to instruct staff to file a rezoning and/or land use amendment application to a more restrictive zoning category. If the approval is retroactively extended, the city eommission should specify whether the approval is extended indefinitely or for a set period of time. One of the original DCA objections with the change in land use from residential to commercial was based on staff's,determination that there was an excess of commercial land at bUild-out, therefore the City should not further change land use to commercial categories. Staff's determination was a result of the discussion of Supply and Demand of Commercial Land in the eomprehensive Plan Future Land Use Element Support Documents. This analysis is five years old and the Ci ty is required to submit its EAR (Evaluation and Appraisal Report) of the comprehensive plan by August of next year. As part of the EAR, staff will reevaluate the appropriateness of the land use of the property, if development has not commenced. staff has '2 Page 3 Planning and Development Board Memo No. 95-044 Time Extension for Boynton Beach Boulevard PCD February 9, 1995 had recent meetings with a developer regarding the possibility of purchasing the property from Mr. Winchester for constructing a shopping center. The applicant is stating that the time extension is warranted based on the completion of one of the conditions of the original zoning approval (removal of several large, Australian Pines along a portion of the property, adjacent to the stonehaven PUDlo He is also basing his justification on a clearing and grubbing permit which was issued on october 1, 1993, a November 16, 1993, Commission approval of an excavation and fill permit and a November 28, 1994 excavation permit final inspection. It cannot be determined whether the clearing and grubbing permit was final inspected or whether the Building Department issued the excavatisn and fill permit that was approved by the Commission. Furthermore, when the permit was approved, the City Manager sent a letter to the applicant that stated that the excavation and fill permit shall not be construed to extend the life of the expired zoning/master plan approval and that an application for a time extension was needed. RECOMMENDATION On January 10, 1995 and January 24, 1995, the Technical Review Committee (TRC) reviewed the request and, based on recent interest in development of the property, recommended that a time extension be granted, subject to all previous comments and conditions of rezoning and master plan modification approval. However, rather than granting an extension for an indefinite period of time, staff is recommending that the extension expire on June 18, 1996. The extension, if approved as recommended by staff, would equate to a retroactive extension from June 18, 1993 to February 21, 1995 (one year and nine months) and an additional extension from February 21, 1995 to June 18, 1996 (one year and four months). As a point of information, at the time of the January 24th TRC meeting, it was not known that there was a traffic level of service problem with Gateway Boulevard, between eongress Avenue and Military Trail. Therefore, the TRe's recommendation does not include a recommendation to the Planning and Development Board and eommission as to whether the approval of this time extension should also be contingent upon compliance with current traffic levels of service. MEH:dim attachments xc: Central File .:a.."clTi..llCt 3 E X H I BIT A 4 Klluy It A......I._ Londscopo Archiloctsl Plonno.. 1551 Forum Ploco Suile l00A Wost Polm Beoch. Florido 33401 (4071 689.5522 . Fox: (4071 689-2592 November 23, 1994 Ms. Tambri Heyden, Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Request for Time Extensions PROJECTS: Tara Oaks P,U.D. (Ordinance 90-75) Knuth P.C.D. (Ordinance 90-70) Boynton Beach Boulevard P.C.D. (Ordinance 90-73) Dear Ms. Heyden, "" This letter will serve as a fonnal request to have the City Commission of Boynton Beach review the status of the above three (3) Planned Developmants and to grant further time extensions for their commencement of development. I have reviewed your Zoning Code in an effort to detennine the proper procedure for extending these project approvals, It appears that the only process available at this time is contained in Section 9, Article 13, Time Limitation for Development of PropertY. In fact, this section was the basis for a similar review of the Capitol Professional Center PCD (located at the southeast comer of Knuth Road and Old Boynton Road). In that case, the Commission, after detenninlng that the existing Planned Commercial Development zoning was the most appropriate zoning for the property, granted an indefinite time extension. I have attached the staff report and time extension letter for your review. ~ All three (3) of the above referenced Planned Developments were approved on December 18, 1990. Since that time, while there has been some activity conceming each of the projects, there has not been fonnal final development plan approval and/or construction. The original eighteen (18) month time limit of the approvals would have expired on June 18, 1992. However, on June 16, 1992, the City Commission approved our request to extend the expiration dates of the three (3) planned developments for one (1) year until June 17, 1993 (see attached letter from Chris Cutro dated June 29, 1992). No action or review has taken place since that time. Due to the down swing in the economy, the property owners have been unable to successfully commence development which, in this case, is recording of a plat of record for the first phase of development. However, the property owners have worked continuously on all three projects since the last extension in an effort to commence development. ~DUrn NU'! 2 3 . :. ~ ~ Ms, Tambri Heyden November 23, 1994 Page 2 Since the expiration of the time extension on June 18, 1993, the properties have been in a sort of limbo. If you recall, the two commercial properties were annexed into the City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned Commercial Development Zoning DIstrict Is the only zoning district that has ever been assigned to them within the City of Boynton Beach. With regard to the Tara Oaks property, the project was already an existing Planned Unit Development when it was modified to its current master plan status. Therefore, assuming that the Planned Development approvals have expired for all three projects, I have no idea what the actual underlying zoning would be. I believe that is why the provisions of Section 9, Article 13 were provided in the Code. As in the case of the CapitOl Professional Center PCD, the projects cleariy need to be revisited by the City Commission to detennlne whether the existing zoning is the most appropriate zoning and, assuming that it is, foimal action should be taken regarding the extension of these approvals. Needless to say, my clients are actively seeking extensions of these approvals. Despite the economic problems which prevented these projects from moving to the next step in the development process, there has been activities undertaken throughout the entire timeframe of the approvals to ready these projects for development. For the purpose of your analysis regarding the status of these projects, I have prepared a summary of activities for each project below, Additionally, I will be calling your office to set up a meeting to review these projects with you and I will be prepared to be present at the time of their consideration by the City Commission. At this time, I am not aware of any fonnal application procedure. However, if there is an application document, we will be ready to submit it to you promptly. I. Tara Oaks Planned Unit Development. This project received a rezoning approval from P.U.D. - Planned Unit Development with a land use intenSity of 4.0 to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This project also. received a land use amendment approval from Low Density Residential to Medium Density Residential. Both of these ordinances were passed on final reading by the City Commission on December 18, 1990. As part of the rezoning and land use approval, the applicant entered into an agreement with the Stonehaven Homeowner's Association which required the applicant to commit to numerous conditions of approval including providing a buffer wall on the project's north property line along with a twenty-five foot wide landscape buffer and a 40' setback for all buildings from the north property line of Tara Oaks P.U.D. (copy attached,) This agreement is still active and binding. Since the approval of the project the applicant has done the following: 1. Pursuant to the approved master plan, the south portion of the property was designated for utilization by a church. In fact, this property was sold &, Ms. Tambri Heyden November 23, 1994 Page 4 c. A letter dated May 8, 1992 issuing a permit for the culverting of Knuth Road from the Florida Department of Environmental Regulation. d. A letter dated June 11, 1992 from the Lake Worth Drainage District approving the permit for the Knuth Road/Woolbright Road intersection and culvert at the L-26 canal. e. A letter from the Lake Worth Drainage District dated April 14, 1993 indicating final acceptance and final inspection of the Knuth Road culvert crossing. f. A permit from the Palm Beach County Land Development Division dated June 18, 1992 for Right-of-Way Construction indicating approval to connect Knuth Road into the north right-of-way of Woolbright Road. ~.. g. Three (3) letters from the City consultant, Gee & Jenson, dated January 18, 1993, April 9, 1993 and May 4, 1993. These letters reference City Commission approval for the extension of Knuth Road to the Tara Oaks church site and correspondence regarding construction plans that were prepared and submitted by Rossi & Malavasi to the City for approval. 5. Received approval for an excavation and fill permit by the City Commission on April 8, 1993 for the construction of Knuth Road (see attached minutes). 6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing permit for $6,000.00. 7. Requested a minor amendment to the master plan to amend a condition of approval regarding construction of Knuth Road from the Stonehaven P.U.D. on the north to Woolbright Road. This request was made on June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash receipt). II. Knuth Road P.C.D. This project received annexation, future land use amendment approval, from County Commercial High to Local Retail, rezoning from County AR - AgriCUltural Residential to City P.C.D. - Planned Commercial Development and an approval for a text amendment to the City Land Use Element pertaining to . 8 Ms. Tambri Heyden November 23, 1994 Page 5 planning area 7, 7.J. As part of the rezoning and land use amendment approval, this project was also the subject of an agreement with the Stonehaven P.U.D. Homeowner's Association. This document is also attached for your reference. Since the time extension granted by the City Commission on June 16, 1992, the property owner has done the following: 1. Received a master plan modification and site plan approval from the Boynton Beach City Commission on June 2, 1992. This modification was to allow the replacement of a restaurant on a comer of this P,C.D. to allow a convenience store with gasoline sales. 2. Obtained a minor amendment to the master plan to split the construction costs of the extension of Knuth Road from the Stonehaven P,U.D. entry south to Woolbright Road. The applicant paid $500.00 for the request of this modification. III. Boynton Beach Boulevard P.C.D. This project received annexation approval, rezoning approval from County AR - Agricultural Residential to City P.C.D. _ Planned Commercial Development, a Comprehensive Land Use Plan amendment from County Commercial High to City Commercial Local Retail, and a text amendment to the City's Land Use Element deleting language indicating that this property should be placed in a High Residential land use category. This project also was the subject of an agreement with the residents of the Stonehaven P.U.D. which abut the property to the west. Since the approval of the project, the applicant has done the following: ~.., 1. As part of the original approval, the property owner agreed to comply with a specific request from the Stonehaven P,U.D. Specifically, the removal of several large Australian Pines along the portion of the property which the neighbors considered to be a danger to adjacent property. Immediately upon approval of this project, the property owner contracted with Arbor Tree Services, Inc., who removed said trees. 2, This project also was the subject of a request for a minor master plan modification in an effort to split the construction costs of the proposed Knuth Road extension. As previously stated, the City Commission approved a request for minor master plan modification for this project on April 8, 1993 to allow all three (3) Planned Developments to split the Knuth Road link construction costs. q Ms. Tambri Heyden November 23, 1994 Page 6 3. Received approval for an excavation and fill permit from the City Commission on November 16, 1993 (see attached latter dated November 23, 1993). We have appreciated your working with us in the past. Recently, with the economy improving, the applicant has received significant interest in the development of all three parcels. We are, therefore, optimistic that with the proper extensions, we can move ahead In their development. In that regard, I am forwarding to you under separate cover a request to finalize the Impact fee credit agreement for the construction of Knuth Road. Please feel free to contact me If you have any questions. cc: Bill Winchester Michael Schroeder AKJKljb/heyden.n16 10 E X H I BIT B ~~ /1 ',' .... ",..~_; ... i .;,. ..... . ~~ I ~ag . ~,~ ~~ I -"~.Uy.....,,-.tt ~~~~ r;~!) It. .9' ".. .b9" :n f ~S- -::,._-<C. 'f~__~:...~:- -~. ,~.- -... ~..:-:..-:..../... - -; ~ ~ ! I /' -, --_......----- I ~ I ... . . ( (~_ lJJ.bJIJ _ ~'_ H~r, ': (', ..: i I : 'VI 'I ~rLl'''' ~i' ' ;:;}t. .; :~>., '\ I ~ I I ,l!___~ ,i~1 ~ :: t ~ ~ ,:! B).. ~ I I, 1 i ~ , 1"' , ",~-, ;,c; lki) '.:'" iil II, I ~~g :-- ~I~~) " I ~ I ; i : In~ ::> ~ g;~~l'''llr.:)''" '. II ~ 1 I L/, I "::.-:: - - l ~' .. rrv.~ "" " (. ~ ~~~._,/ " ,II ':T.t ,,'" "< . I . , . J' .. 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I r '" '-, . .......--.. _.. -.... ., ::J R3 P r . c 3 D " i AG _ II ,il~::.~~.::::-J..'; . . '- '0 -="-- ........ ~. ~ 1/S ,1/4 MILES:, I . . . . . '0 400. 'SOO' 1600'FFgT Ms. Tambri Heyden November 23, 1994 Page 3 to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see attached warranty deed). Therefore, the Planned Unit Development now has two separate owners, the applicant and the church. 2, In order to develop this first phase for the church parcel, the applicant requested an approval for road improvements for the Tara Oaks P.U.D. This request was made by Rick Rossi of Rossi & Ma/avasl Engineers, Inc. to construct a portion of Knuth Road at the south end at the Tara Oake P.U.D. to accommodate the pending purchase ot the church parcel. Subsequently, on June 2, 1992 the City Commission granted approval of the partial Knuth Road improvements required by the Tara Oaks P.U.D. (see attached letter dated June 12, 1992 from Chris Cutro). Also attached is a letter from the Boynton City Engineer dated June 19, 1992 indicating what additional work was required to obtain a land development permit for the road construction. The applicant expended over $4,000.00 in conjunction with obtaining approval of these preliminary plans... Additionaliy, the applicant has obtained the previous construction plans from the previous owner which wili be modified in order to obtain final permits. (It should also be noted that over $100,000.00 has been set aside in an escrow account to guarantee construction of this portion of Knuth Road at such time as the church is ready to pull building permits for the development of the site.) 3. The applicant has complied with the zoning condition of approval to dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Road pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated June 26, 1992). 4. The applicant has expended over $28,000.00 for the construction of the canal crossing at the intersection of Woolbright Road and Knuth Road. Attached is correspondence conceming the canal crossing including: a. A letter dated April 24, 1992 from the Department of Environmental Resource Management indicating that no permit would be required pursuant to the Palm Beach County Wetlands Protection Ordinance. b. A letter from South Florida Water Management District granting a permit exemption dated April 29, 1992. This letter indicates that the South Florida Water Management District will not be analyzing the surface water management system. '7 7 .D.3. BOYNTON BEACH BOULEVARD PCD TIME EXTENSION PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-044 TO: Chairman and Members Planning and Development Board THRU: Tambri J. Heyden planning and Zoning Director FROM: Michael E. Haag Zoning and Site Development Administrator DATE: February 9, 1995 SUBJEeT: Boynton Beach Boulevard PCD - File No. eNTE 94-003 & MPTE 95-00l Time Extension (zoning/master plan approval and concurrency exemption) NATURE OF REOUEST Kieran Kilday of Kilday & Associates, agent for Bill Winchester, property owner, is requesting an indefinite time extension for Planned Commercial Development (PCD) zoning/master plan approval and concurrency exemption for the Boynton Beach Boulevard PCD (see Exhibit "A" - letter of request). The master plan consists of 120,000 square feet of retail, which includes two outparcels; a 5,625 square foot bank and a 4,000 square foot restaurant (see Exhibit "B" - original master plan). The PCD is to be located at the south side of the intersection of Boynton Beach Boulevard and Winchester Boulevard. BACKGROUND On December l8, 1990, the City Commission approved an ordinance annexing the subject property. After review by the Department of eommunity of Affairs (DCA) and despite objections, they also approved ordinances for a land use element amendment that changed the Residential 8 (Palm Beach county) classification of the property to the City's Local Retail eommercial classification and rezoning of the property from AR, Agricultural Residential (Palm Beach County) to PCD, with a specific master plan. The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. These applications were submitted prior to the effective date of Palm Beach eounty's traffic performance standards ordinance and of the City's concurrency management ordinance. Therefore, concurrency exemption for traffic and drainage was granted with the 1990 approval. On June 16, 1992, the eity Commission granted a one (1) year time extension that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until the subject extension which was filed in November 1994; a period of one year and five months. This is the need for a retroactive extension. ANALYSIS Several sections of the code of ordinances govern these types of extensions. Regarding expiration of the concurrency exemption for the project, Section 19-92 (e) of ehapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate or exemption". It furthers states that "time extensions may be granted for any length of time which does not exceed one year". Historically, retroactive extensions combined with a "current" extension that equate to more than one year, have been granted under certain circumstances. I Page 2 Planning and Development Board Memo No. 95-044 Time Extension for Boynton Beach Boulevard PCD February 9, 1995 Regarding the projects's previous exemption to the current drainage and traffic levels of service, the project meets the current drainage requirements. A traffic study was submitted in an attempt to determine whether the project, subject to the original traffic conditions, would meet current traffic requirements. The current standards for traffic studies would require evaluation of roadways not evaluated in the original study. The study submitted was not complete in that it did not evaluate the additional roadways that would be affected. The Palm Beach County traffic division is coordinating the receipt of this additional information and indicated that they would try to have a response to the city by the Planning and Development Board meeting. However, they did indicate that if the time extension were not granted and the project was required to meet current standards, Gateway Boulevard, between eongress Avenue and Military Trail, would be negatively impacted. Since, this road link is not scheduled for improvement by Palm Beach eounty until fiscal year 1996/1997, a development order could not be issued for the project earlier than this, unless the developer made the improvements to the road, for which he could receive road impact fee credit. The only option available would be to phase development of the shopping center. The other section applicable to this request is Section 9.C.13 of Appendix A - Zoning, wherein it states that the city Commission shall review any rezoning approval to a planned zoning district (PUD, PID or PCD) that has expired and take action in accordance with paragraphs a. and b. below: "a. The city commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in the manner specified above does not occur by the end of said time extension, the city commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The city commission may instruct the city manager to file an application to a more restrictive zoning district and/or future land use category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land use map use category." Consistent with Section 9.C.13 of Appendix A - zoning, the Planning and Zoning Department is forwarding the request for review and direction regarding the status of the approval. If the approval is not retroactively extended, the City Commission may wish to instruct staff to file a rezoning and/or land use amendment application to a more restrictive zoning category. If the approval is retroactively extended, the City Commission should speCify whether the approval is extended indefinitely or for a set period of time. One of the original DCA objections with the change in land use from residential to commercial was based on staff's determination that there was an excess of commercial land at build-out, therefore the City should not further change land use to commercial categories. Staff's determination was a result of the discussion of supply and Demand of Commercial Land in the Comprehensive Plan Future Land Use Element Support Documents. This analysis is five years old and the Ci ty is required to submit its EAR (Evaluation and Appraisal Report) of the comprehensive plan by August of next year. As part of the EAR, staff will reevaluate the appropriateness of the land use of the property, if development has not commenced. staff has '2 Page 3 Planning and Development Board Memo No. 95-044 Time Extension for Boynton Beach Boulevard PCD February 9, 1995 had recent meetings with a developer regarding the possibility of purchasing the property from Mr. Winchester for constructing a shopping center. The applicant is stating that the time extension is warranted based on the completion of one of the conditions of the original zoning approval (removal of several large, Australian Pines along a portion of the property, adjacent to the Stonehaven PUDlo He is also basing his justification on a clearing and grubbing permit which was issued on October 1, 1993, a November 16, 1993, Commission approval of an excavation and fill permit and a November 28, 1994 excavation permit final inspection. It cannot be determined whether the clearing and grubbing permit was final inspected or whether the Building Department issued the excavation and fill permit that was approved by the Commission. Furthermore, when the permit was approved, the City Manager sent a letter to the applicant that stated that the excavation and fill permit shall not be construed to extend the life of the expired zoning/master plan approval and that an application for a time extension was needed. RECOMMENDATION On January 10, 1995 and January 24, 1995, the Technical Review Committee (TRC) reviewed the request and, based on recent interest in development of the property, recommended that a time extension be granted, subject to all previous comments and conditions of rezoning and master plan modification approval. However, rather than granting an extension for an indefinite period of time, staff is recommending that the extension expire on June 18, 1996. The extension, if approved as recommended by staff, would equate to a retroactive extension from June 18, 1993 to February 21, 1995 (one year and nine months) and an additional extension from February 21, 1995 to June l8, 1996 (one year and four months). As a point of information, at the time of the January 24th TRC meeting, it was not known that there was a traffic level of service problem with Gateway Boulevard, between Congress Avenue and Mili tary Trail. Therefore, the TRC' s recommendation does not include a recommendation to the Planning and Development Board and Commission as to whether the approval of this time extension should also be contingent upon compliance with current traffic levels of service. MEH:dim attachments xc: eentral File .:BBBvd'l'111.Jxt 3 E X H I BIT A 4 Klldey & Auoclet_ Landscape Architects/Planners 1551 Forum Place Suite l00A West Palm Beach. Florida 33401 (407) 689-5522 . Fax: (407) 689-2592 November 23, 1994 Ms. Tambri Heyden, Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Request for Time Extensions PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75) Knuth P.C.D, (Ordinance 90-70) Boynton Beach Boulevard P.C.D. (Ordinance 90-73) Dear Ms. Heyden, This letter will serve as a formal request to have the City Commission of Boynton Beach review the status of the above three (3) Planned Developments and to grant further time extensions for their commencement of development. I have reviewed your Zoning Code in an effort to determine the proper procedure for extending these project approvals. It appears that the only process available at this time is contained In Section 9, Article 13, Time Limitation for Develooment of Prooertv. In fact, this section was the basis for a similar review of the Capitol Professional Center PCD (located at the southeast comer of Knuth Road and Old Boynton Road). In that case, the Commission, after determining that the existing Planned Commercial Development zoning was the most appropriate zoning for the property, granted an indefinite time extension. I have attached the staff report and time extension letter for your review. ~ All three (3) of the above referenced Planned Developments were approved on December 18, 1990. Since that time, while there has been some activity conceming each of the projectS, there has not been formal final development plan approval and/or construction. The Original eighteen (18) month time limit of the approvals would have expired on June 18, 1992. However, on June 16, 1992, the City Commission approved our request to extend the expiration dates of the three (3) planned developments for one (1) year until June 17, 1993 (see attached letter from Chris Cutro dated June 29, 1992), No action or review has taken place since that time. Due to the down swing in the economy, the property owners have been unable to successfully commence development which, in this case, is recording of a plat of record for the first phase of development. However, the property owners have worked continuously on all three projects since the last extension in an effort to commence development. ~ NOV ~ : w ~ rn l:#i ~ s- Ms. Tambri Heyden November 23, 1994 Page 2 Since the expiration of the time extension on June 18, 1993, the properties have been in a sort of limbo. If you recall, the two commercial properties were annexed into the City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned Commercial Development Zoning Dlstrfct 18 the only zoning dlstrlct that has ever been assigned to them within the City of Boynton Beach. With regard to the Tara Oaks property, the project was already an existing Planned Unit Development when It was modified to its current master plan status. Therefore, assuming that the Planned Development approvals have expired for all three projects, I have no idea what the actual underlying zoning would be. I believe that is why the provisions of Section 9, Article 13 were provided in the Code. As In the case of the Capitol Professional Center PCD, the projects clearly need to be revisited by the City Commission to determine whether the existing zoning is the most appropriate zoning and, assuming that it Is, formal action should be taken regarding the extension of these approvals. Needless to say, my clients are actively seeking extensions of these approvals. Despite the economic problems which prevented these projects from moving to the next step in the development process, there has been activities undertaken throughout the entire timeframe of the approvals to ready these projects for development. For the purpose of your analysis regarding the status of these projects, I have prepared a summary of activities for each project below. Additionally, I will be calling your office to set up a meeting to review these projects with you and I will be prepared to be present at the time of their consideration by the City Commission. At this time, I am not aware of any formal application procedure. However, if there is an application document, we will be ready to submit it to you promptly. I. Tara Oaks Planned Unit Development. This project received a rezoning approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0 to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This project also received a land use amendment approval from Low Density Residential to Medium Density Residential. Both of these ordinances were passed on final reading by the City Commission on December 18, 1990. As part of the rezoning and land use approval, the applicant entered into an agreement with the Stonehaven Homeowner's Association which required the applicant to commit to numerous conditions of approval including providing a buffer wall on the project's north property line along with a twenty-five foot wide landscape buffer and a 40' setback for all buildings from the north property line of Tara Oaks P.U.D. (copy attached.) This agreement is still active and binding. Since the approval of the project the applicant has done the following: 1. Pursuant to the approved master plan, the south portion of the property was designated for utilization by a church. In fact, this property was sold (p Ms. Tambri Heyden November 23, 1994 Page 3 to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see attached warranty deed). Therefore, the Planned Unit Development now has two separate owners, the applicant and the church. 2. In order to develop this first phase for the church parcel, the applicant requested an approval for road Improvements for the Tara Oaks P.U.D. This request was made by Rick Rossi of Rossi & Malavasl Engineers, Inc. to construct a portion of Knuth Road at the eouth end of the Tara Oake P.U.D. to accommodate the pending purchase of the church parcel. Subsequently, on June 2, 1992 the City Commission granted approval of the partial Knuth Road improvements required by the Tara Oaks P.U.D. (see attached letter dated June 12, 1992 from Chris Cutro). Also attached Is a letter from the Boynton City Engineer dated June 19, 1992 Indicating what additional work was required to obtain a land development permit for the road construction. The applicant expended over $4,000.00 in conjunction with obtaining approval of these preliminary plans. Additionally, the applicant has obtained the previous construction plans from the previous owner which will be modified In order to obtain final permits, (It should also be noted that over $100,000.00 has been set aside in an escrow account to guarantee construction of this portion of Knuth Road at such time as the church is ready to pull building permits for the development of the site.) 3. The applicant has complied with the zoning condition of approval to dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Road pursuant to the attached right-of-way deed (ORB 7324, Pg, 1159, dated June 26, 1992). 4. The applicant has expended over $28,000.00 for the construction of the canal crossing at the intersection of Woolbright Road and Knuth Road. Attached is correspondence conceming the canal crossing including: a. A letter dated April 24, 1992 from the Department of Environmental Resource Management indicating that no permit would be required pursuant to the Palm Beach County Wetlands Protection Ordinance. b. A letter from South Florida Water Management District granting a permit exemption dated April 29, 1992. This letter indicates that the South Florida Water Management District will not be analyzing the surface water management system. 7 Ms, Tambri Heyden November 23, 1994 Page 4 c. A letter dated May 8, 1992 issuing a permit for the cUlverting of Knuth Road from the Florida Department of Environmental Regulation. d. A letter dated June 11, 1992 from the Lake Worth Drainage District approving the permit for the Knuth Road/Woolbrlght Road Intersection and culvert at the L-26 canal. e. A letter from the Lake Worth Drainage District dated April 14, 1993 indicating final acceptance and final inspection of the Knuth Road culvert crossing. ' f, A permit from the Palm Beach County Land Development Division dated June 18, 1992 for Right-of-Way Construction indicating approval to connect Knuth Road into the north right-of-way of Woolbright Road. g. Three (3) letters from the City consultant, Gee & Jenson, dated January 18, 1993, April 9, 1993 and May 4, 1993, These letters reference City Commission approval for the extension of Knuth Road to the Tara Oaks church site and correspondence regarding construction plans that were prepared and submitted by Rossi & Malavasi to the City for approval. 5. Received approval for an excavation and fill permit by the City Commission on April 8, 1993 for the construction of Knuth Road (see attached minutes). 6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing permit for $6,000.00, 7. Requested a minor amendment to the master plan to amend a condition of approval regarding construction of Knuth Road from the Stonehaven P.U.D. on the north to Woolbright Road. This request was made on June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash receipt) . II. Knuth Road P.C.D. This project received annexation, future land use amendment approval, from County Commercial High to Local Retail, rezoning from County AR - Agricultural Residential to City P.C.D. - Planned Commercial Development and an approval for a text amendment to the City Land Use Element pertaining to . 8 Ms. Tambri Heyden November 23, 1994 Page 5 planning area 7, 7.J. As part of the rezoning and land use amendment approval, this project was also the subject of an agreement with the Stonehaven P.U.D. Homeowner's Association. This document is also attached for your reference. Since the time extension granted by the City Commission on June 16, 1992, the property owner has done the following: 1. Received a master plan modification and site plan approval from the Boynton Beach City Commission on June 2, 1992. This modification was to allow the replacement of a restaurant on a comer of this P.C.D. to allow a convenience store with gasoline sales. 2. Obtained a minor amendment to the master plan to split the construction costs of the extension of Knuth Road from the Stonehaven P.U.D. entry south to Woolbright Road. The applicant paid $500.00 for the request of this modification, III. Boynton Beach Boulevard P.C.D. This project received annexation approval, rezoning approval from County AR - Agricultural Residential to City P.C.D. _ Planned Commercial Development, a Comprehensive Land Use Plan amendment from County Commercial High to City Commercial Local Retail, and a text amendment to the City's Land Use Element deleting language indicating that this property should be placed in a High Residential land use category. This project also was the subject of an agreement with the residents of the Stonehaven P.U.D. which abut the property to the west. Since the approval of the project, the applicant has done the following: 1, As part of the original approval, the property owner agreed to comply with a specific request from the Stonehaven P.U.D. Specifically, the removal of several large Australian Pines along the portion of the property which the neighbors considered to be a danger to adjacent property. Immediately upon approval of this project, the property owner contracted with Arbor Tree Services, Inc., who removed said trees. 2, This project also was the subject of a request for a minor master plan modification in an effort to split the construction costs of the proposed Knuth Road extension. As previously stated, the City Commission approved a request for minor master plan modification for this project on April 8, 1993 to allow all three (3) Planned Developments to split the Knuth Road link construction costs. q Ms. Tambri Heyden November 23, 1994 Page 6 3, Received approval for an excavation and fill permit from the City Commission on November 16, 1993 (see attached letter dated November 23, 1993), We have appreciated your working with us in the past. Recently, with the economy improving, the applicant has received significant Interest In the development of all three parcels. We are, therefore, optimistic that with the proper extensions, we can move ahead In their development. In that regard, I am forwarding to you under separate cover . requ..t to flnallz. the Impact f.. oredlt agreement for the con.tn.lotlon of Knuth Roild. Pl.... 'ee' trlt 10 contlOt m. It you have any qUI.tlon.. Sincerely, Kieran J, Kilday' cc: Bill Winchester Michael Schroeder AKJKljb/heyden. n16 10 E X H I BIT B II ',' ..,' ..:,.",i;~..: '." , .t \:~ "'acl g>~ I " ~_. . . ~-Q.. I.""..........vvo...."".... ~!~~ 0<'9(;9 '''.9l ,l' .b0 ., In ~ ~5- -. ~___', f :-:'n~:.' ...-:- ~_~. ,~,- - '>. )..7..-.:....../... - -;,""':\.1 ~ II I j/" ~ (--. I ' : ('(~_.. mlLlJ.#')ll0ur'- ~ ,';) . ..,: i~ : I "i . ~~& '.,~ .' ''0' '1\ I ~ I I :rLI I!!h'''~ ,~ 'I' I! ,: -....- ~ '{.!---~~ I!~ ! I: ~.: .BJ \ ~ I I, I i ~ ,. \0", ,"':~~/=;~)~ dil III I ~ ~I --- ~ I ~~lJ' I ~ I i I ::> "'. .' ,I:~'" ", I I I ~ 11t!~ . ~;.r.~' It ~') '"', 1 ~ 1 L/, I ,,:.--:- - ~0'" rrv.P.;0 """ '\ c. '2:': ?~--ot' " 111 _:-;r_ "-""< . I l -._\1 _~"l]::- 0 '''-''' - ~ .. -.:i'i..--- /11 r11 :_~r:- ~-- I _-:~~ l= . . - \1 U -i;; --~.. - r:::- ) , Jll~ 'F 11 ~=? wi l'L .. 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