CORRESPONDENCE
. APR-12-::~ l.ED 15: 25 rD: KIlD=!Y I< ASSOC
TEL t-o:407-689-2592
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LandIoIlIt ArohlllOlllPllMIII
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Apr11 12, 1996
Ms. Tambrt Heyden, Planning D1reotl;lr
City of Boynton Beach Planning & Zoning Department
100 eN' Boynton Beaoh Slvei.
Boynton Beach, FL. 33425
Ra: Knuth Road P,C.D. Extension Request. Bovnton Beach P.C.D. 5xtenslon
Requ8llt and Tal1ll Oaks P,U,D. Extension Request
Ololr Project No.: 799.16
Dee.r MI. Heyden,
Thill letter will serve IlS several requests. Flratly, on behalf of my clients, I haVe
been authorlzed to flilqUlil$t an additional thirty (30) day postponement of both the
Knuth ROad P.C,D. and the Boynton 8each P.C.D. As Indicated In my pl'8VIQUlJ
correspondence of March 16, 1995, my clients have been trying to firm up
development time tables to address the concerns which were raised by the
Planning Comml88lon. They are stili In this precess and would prefer the
additional thirty (30) day. to be In a better poeltlon to acldrees theee Issu.. befo...
the City COuncil.
In the case of the Tara Oaks P,U.D., we do Intend to present the matter to the city
Council on Tuesday, April 18, 1005. In this partieular case, my ollents have
entered Into a contract with Pulto Homes who will davelop the project. W.....
requestlng that representatives of Pulte HQmea accompany us to the meeting to
better explain their proposal to the Council. In all likelihOOd, because their
heu91ng type will require modification of the master plan, a master plan
modlflcatton l'Clquaat would shortly follow approval of the a_Ion. On Tueeday
night, we can provlde1he Council with mo", details regardIng their saIe8 program.
However, given the fact that we are anxious to move ah8ad WIth the Pulte Homes
J Tara Oaks proposals. I do need 10 get the impact fee credlt8 Illue resolved for
the conwuctlon of Knuth React You will recall, that I addressed this matter to you
In a separate letter of January 24, 1996, (attached). Sometime ago, both the
County Representatives and City Staff recommended approval of thee. Impact fee
credits, However, In order to facllltate that approval, a resolution must be passed
by the City Council to be submitted to Palm Beaoh CountY. Attached you will
.,....."..,..........,,_.
i=f'R-12-'95 OED 15:25 lD:I<ILDAY & ASSOC
TEL t\O:407-689-2592
IOS6 Pm
MI. Tambrl Heyden
April 12, 1895
Page 2 Of 2
find a draft of a resolutlon that contains the n8C8lllary InTonna1l0n according 10
the County Ordinance. I would reQuest that this matter be on the agenda far
action on Tuesday nights meeting a8 wen as the Tara Oak extenSIon. Resolution
Of thlI188L1e Is e. requirement of our contract with Pulte Hemes.
Please call me If you have any questions regarding any of th88e matterll.
SlnoareIy,
-K\~lh._ j 4<l~~
KIeran J. Klldav
KIlday & Alsociatea, Inc.
KJKlcc:tCl\Cheyden,412
Attachments
00: Mike Schroeder; Sohrosder & l.arche
Came Parker, City of Boynton Beach, City ManagA/'
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Ms. Tambrt Heyden, PlGnnln; DlreGtor
City of Bovnton Beach Planning & Zoning Department
100 &alt Boynton 8uch Blvd.
Boynton Beach, FL 33425
fie: ImpllCt F.. C....dit. lor the Conatruotlon of Knuth Road
OUr Project No.: 789.1 e
Dear Ms, Heyden,
As you are aware, rrfi client, Mr. Bill Winchester, Is responsible for the conatnJOtlcn of
Knuth Road 8. part of the Cond~lons 01 Approval lor the two Planned Commerolal
Olvelopmente and one Planned Unit Oevelopl'1'lent whloh are currently being oon.ldlred
for Time Extenslona, Sinoe the prQjellt& have I:>..n approved, there has be.n an
aseumptlon that the coats Incurred with regllrd to thoo oonetruotlon of thl. road would b.
oredlted against Palm Oeach County Traffic Impact F.... Beollu.. Knutl1 Road Ie .
collector reaa cseslQnated en the City's Compllilhensive Plan, the value of th. ccnstruotion
of Knuth Aoad Is more resident serving than project slrvlng.
In reviewing our files, It appears that the Issue of Impact fee oredlt has never been finally
coordinated with Palm Beach County. I am atlachlnll a letter written by Mr. Chris Cutro
on May 28, 1992 to Mr, Haney Frakes. It Is my und.r~tandlng that our County staff II
prepared to recom~nd approval of thEl Impact fee credits, but a resolution requesting
&u~h oredlt. needs to be adoptEld by the City Council. Attached you will find 8 draft
resolution which was prepllred by my office to ualst Mr, Cutro at the time h. w..
pursuing this matter. As you are aware, Mr. Cutrg left the C~y without thl, matter being
finally reaolved. As far as I know, this resolution has not be.n reviewed by your City
Attorney or presented to the C~y Councillor their approval. At this time, a8lumlng that
the City Counoil approves the extensions for these projllOl.s, It ...ms appropriate to also
reaolvs this 11ISue. By getting this Issue resoived now, there ahould be no additional
delay. In moving these projects forward within the time period allowed by the extension.
If I can be of any assl81lilnl;lI In this mattar, please do not hesitate to contaol me.
K\$ran J. Kilday
KIlday" Aeeoolalee, Ina.
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100 I. ~u.~r'~l.n Avenue, Airport Hilton Clntra
Wilt ,.~ ...=h, fL 33.07
REI C~.d1t ~Q~ Road COD.t~uet1oD 1n L11U of .arm.nt o~ %aplct
Peea tor Knuth ROld (Llnk b.Cw..n WOol~r1ght Roa4 aDd
Jouoton a..cb .ou~.vara)
D'a~ K~I r~&kI'1
PYr'UAD~ to '.ctlcn 12-a5 Kxe.p~lon and ~'41tl 'lotloD of the
JlA~Ut .IU.U C::ON2'UIUTtON rOR ROAD IM'ROVIHlH'r1 OlUltNNfCl, :z: IllI
w~'.'n9 10 olarlfy that lDu~h Road, . m.,o~ eollletor .bown On
~h. .i'y'. Tbo~ouwbf.r. trotec~~on Hap wll1 ~I Intltlld to
~...Lv. tbo Gr.~~~ '0. ~mp.ct Fe.. prOV1dld for In tne OrdinlDcI.
~ee..h'4 ?aU ~lll flD4 . OQPr of the .~gPted ~g.gughtare 'lln
Wap lor 'he OL'~ .f ..~~gn ..ach. Kayth aOl4 11 .nown on tnl.
.ap .. . o.11.o_.~ 1.~.lL~r f~Q~ Wggl~~~i~t KOla DOtenlrly to the
l.vnC.n ..ach Hal.. A~d~tlonlllYI Cotn tal ~l~r ana tne count!
.PP~gV.4 now a119nmentl tor ;ha no.en .n~ 01 lA~th Road .Ivera
y.ar. ago to allow for ~.tter utilizltion of CnL. road a. an
.1c.r~.'.v. Aort~/.c~tn colllctor .erv1ni tne K'~l, ITn. DIW
al~9QaIAt p~ovid.d for the Dorth tlr=1nUI ot KAuth 1014 to align
d1ractly with the W..t.~ly entrance to t~. MIll.) fte .014 nil
alw.y. blln Inv1.ioned a. Ie altlrnltive to Congrl.. AVlnue which
18 at th1. t1.. the only north/louth Irt,rial in tn. arl..
eurrently, a portion of Knuth Road 1. con.tructed louth of
Joynton a8aah .oulay.rd. In the ~A.t, bee.u.e .oolDr1~bt Road
did ~ot eHl" ~.tw..n CODQr,.. AY.n~' and H111tl~ ~r.ll, i',
r..aininv Gonetruot1oa ot this link Mas not . priority. KOW'VI~,
ftOW with Woolbrivht ROad Gpen .ft~ oplraeinq witb e1gn1f10lftt
t~.ff1c, the con.~ruot1oD or Khutb RG~4 wou1j Gl.arly b.
d.li.abl, .n~ warranted,
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~~~'A~lYI ~.~. ._t ~WQ project. "hLob have ~.g.lv.d .,,coval
~~o. the City wbich ~ .~itlgn to baVSA, f~oAt.... O~ .1tb.~
WOO~~~l;bt ~.4 O~ Joyn;On I..o~ Doul.vard, 61'0 have '~Oft~""
on Knuth KO". A. port of the dov.lopment .pp~ov.l prooe.., tb.
Cl'Y wl.h.. to blve 'Sth.~ on' or ~oth of t~.., P~o3.gt. oo.,l.t,
the ml..lnQ llnk of Knuth Road. The d.velop.r. o! t~~., paroll.
h.v. r.qu..t.4 alar1!ication as to Whlthar 1mPIOt Ce. ar.dtt Dan
O' obtatned !or the ee~l~ruetloft o! Knuth Road which i. not
~tr.etlv rel.~.~ to the n.ed of tbe prej.o~ pur.uant to 'action
2:-25 0' ~b' Road ~.paq~ r.. or41nane.. ....d upon my reading of
'll. Cl1'411l1aAo. aAd tlu. cl.etn1l:101ll 011: "a .ajol:' road. n'~li/Q&,lr.
aYa'.A", : ~.11.Y. ;h.. Kn~'n Roa. ahov14 ~.1&.y .. en. .a~or
00111.'... W... whsch i. onyL.'..od La 'hi. Qrdiaanoo.
Addit1on.l1v, boeau&e Enuth ao.4 will provide tho .1rat .oato&'lY
north/aotlth altarnat1ve to Congra.. Avenue, it .hould Frovid.
ra11.. and. therefore additional eapaci~y for Con~r... Ay.nue a.
_11.
t would apP~'oi.t. your re.pon.e tc thi. l.ttlr. N,.41... to
.ay. we expect thet ~. WQul~ nlld eo milt all e~ the re.Ulr....t,
o~ :01 ordinance Wltn ra'Plct to ~rocedure., OOlt I.timatl" and
,cop, of eon.truetlon activity. ~ahK you for four
cCln':I.derlt:l.oo.
linelre]",
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Ch~i.tOPb.~ e~t~o, azcp
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WllJlRIIAI th. B.,-ntlon IIn.,h ClOlllpr.b.n..ivo Pl_/ O~cU.J\4.nCII. Ill-II,
idontlflee Knuth Road .e A CL.f aoll.ot~~ IBKhL~l' AI, and
WIlIN1A8 the O!il.:r of Boynton B.aoh II... obt.,bed aael prcot._~." the
R19ht-~f-W.1 fg~ lnutb Poad .. part of it. adoptea TborouShfA#.
Plan, and
WIllkBAI Jnut.h Roed pr~'1doo a c~!tioal .~rth/Sadth altern.tive to
Oo~~eoo Avenue betweon Woolbright aoa~ &ad Old 8Q7nton ~o.d, and
"a:r;Z\BA8 llh. C1t1' I;ll: llc;ynton hacb II.. apprOVlld Kllllth ~o.d IOD
IO~d1n.nc. 0'0-70) and ~.~. Oako ~gD IOrdin.noe 0'0-"1 whlab bot~
I..nt on .....ttl aoed, ami
~'MB.RIAI tft. C1tr o' Boynton B..oh h.. ~.~ui~.u cne plt1tlon_r. O~
jlvlfl,</'? ~ut.h load 'CI) and 'rua Oak, tCI) t.o COII.t.ruot tile 11I1111119 l1nk ot
. Kftuth 110.... INtw.ol'l iloynton a..oh BOUleVard and ~i9111: lIoa4, lUlcl
jj /J 11--.....IIJt1A8 'tile oOllo1:l:I1otioD 01: Knuth Road .l./~ot 1. aU:_ nlat_d
OtU?{:e/;:QuLre..llt. of .itber Knuth Road fCD or T.~Putl, lUlI1
MJll:lUUUI th. aon.t.~~C1t;i.gn of ltnutA ROAd b ggndd..d fan of
ClOlIlpletioD of tbe major ro.ad network 01 tile C!l:y of liIo)'ntOll .llIgh,
and
IfJlIRIAS the clUlan. of Boynton Seach and unincorporated l'dia .eull
County will blnefit fram the completed link of Knuth Road betwallln
Moolbdght ao.d and Old Boynton Road., IJId
WlBRIAS ArtiCle 10.1 ~.l.q. o~ the Palm Beaoh County Unified Land
Development Code ~rovid., impact fe_ credit. wher_ conatruction of
a portlon of a major ,road network i. p~opOs.d, and
tnIlR1A8 the City of lloyntoD ...ob haa datUIIIJ.nad tha' tII.
cOA.truation of Knuth Road m..te th. standard. for cr.dit of road
~ct i..., be it th.r.foze RBSO~VI' that,
'l'II1I cuy ~r Boynton Beach requa.1:. that Pallll Seae" Couatr IllI.U a
rlndin~ that credit for the preparation of plan. and oon.~ruetLOA
ot Knutb Road a. approVed by the city or Boynton aaaeh and Palm
".eh County be grllntsd agAinst thl!! Road Impaa~ Pees dUIt frCllll Knuth
....ct I'CD and 1'...a Oaks PUO.
i'f'R-12-'95 !>.ED 15:28 ID:KILD'lY & ASSOC
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 21. 1995
Description: Time Extension: Request for approval of an 18
month retroactive and an indefinite time extension
for zoning/master plan approval and concurrency
exemption
This item was tabled until the April 18, 1995 City Commission meeting.
Boynton BRCh Boulevard PCD
Kieran Kilday
South side of the intersection of Boynton Beach
Boulevard and Winchester Park Boulevard
Time Extension: Request for approval of an 18
month retroactive and an indefinite time extension
for zoning/master plan approval and concurrency
exemption
This item was tabled until the April 18, 1995 City Commission meeting.
3.
Project:
Agent:
location:
Description:
Mayor Harmening stated that he will not be here when these time extensions are
discussed. He hoped the Commission does not grant them.
Shoppes of WOOlbright PCD
CCl Consultants, Inc.
Howard R. Scharlin, Trustee
North side of Woolbright Road, east of the l.W.D.D.
E-4 Canal
Master Plan Modification: Request to modify the
previously approved master plan to subdivide out-
building 3 into .895 acres, revise the outbuilding
sizes (outbuilding 1 from 4,300 to 6,920 square
feet, outbuilding 2 from 5,000 square
This item was tabled by City Attorney Cherof so that it can be discussed at a
shade meeting this Friday at 3:00 p.m.
4. Project:
Agent:
OWner:
location:
Description:
C. Other
None.
IX. NEW BUSINESS
A. Items for discussion requested by Vice Mayor Matson
1. Report on meeting reference Lawrence Road
2. Two Resolutions Pertaining to Lawrence Road
Vice Mayor Matson stated that last Wednesday, she facilitated a meeting between
City Manager Parker, City Attorney Cherof, Director of Development William
Hukill, herself, and representatives from Gl Homes and Nautica, two communities
- 10 -
MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION
CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA. ON
TUESDAY. MARCH 21. 1995. AT 6:30 P.M.
PRESENT
Edward Harmening. Mayor
Lynne Matson, Vice Mayor
Matthew Bradley, Mayor Pro Tem
Shirley Jaskiewicz. Commissioner
Sidney Rosen. Commissioner
Carrie Parker, City Manager
James Cherof. City Attorney
Sue Kruse, City Clerk
I. OPENINGS
A. Call to Order
B. Invocation - James E. Henry - Deeper Life Fellowship Full Gospel
Church
C. Pledge of Allegiance to the Flag
Mayor Harmening called the meeting to order at 6:31 p.m. James E. Henry of the
Deeper Life Fellowship Full Gospel offered the invocation. The Pledge of
Allegiance to the Flag was led by Mayor Harmening.
D. Agenda Approval
1. Additions. Deletions. Corrections
Mayor Pro Tem Bradley tabled Item IX.B.l (Authorization for Goal Setting Team
Building for the City Commission and City Department Heads) until the next
meeting. He felt this item should have the new mayor's input. He replaced
this item with an update on the Poinciana Elementary Schoo'\ Mar:net. and added
Item IX.B.2 (Update on the Funding for the Boyntoi. Cormmni I.y Life Center).
Vice Mayor Matson added Item IV.A.2 (Pennies fO'. r.A.L.) and Item IV.A.3 (Easter
Egg Hunt Extravaganza). She changed item IX,A.2 to read. "Two Resolutions
Pertaining to Lawrence Road". She also added Item IX.A.3 (Florida League of
Cities Legislative Session).
Commissioner Rosen asked that Item 111.C.3 be tabled. City Manager Parker asked n,~J
Mark Law of the Utilities Department if there is a timetable on the Joint ~
Participation Agreement. Mr. Law advised that a specific deadline was not ~ p
given. fC
City Manager Parker deleted Item 111.B.3. She explained that this needs to b
rebid because it is not a one-year extension for the same product.
'"';1-". ~
~') (Ju\<; L~"("~'C'!<
City Manager Parker advised that she received a letter from Kilday & Associates,
requesting that Items VIII.B.1. VIII.B.2 and VIII.B.3 be tabled until the
April lB, 1995 meeting. Mayor Harmening was not in favor of tabling these
items. Vice Mayor Matson felt the Commission should honor the request to table
because the letter states that an additional thirty days is needed to solidify
timetables for development. In addition, she did not think the Commission
- 1 -
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 21, 1995
should vote on this matter without the applicant making a presentation. Mayor
Harmening pointed out that their current concurrency in all of their master plan
approvals expired months ago. Therefore. they are in arrears.
Motion
Vice Mayor Matson moved to table Items VIII.B.l. VIII.B.2 and VIII.B.3 until the
April lB. 1995 City Commission meeting. Mayor Pro Tem Bradley seconded the
motion which carried 4-1. Mayor Harmening cast the dissenting vote.
City Attorney Cherof requested that Item VIII.B.4 be tabled so i~tji~"':~i~e /tD
discussed at a shade meeting this Friday at 3:00 p.m. He added Item X.D.l
(Update on the Finizio Appeal).
2. Adoption
Motion
~ ,1../:' "
Vice Mayor Matson moved to approve the agenda as amended. Mayor Pro Tem Bradley
seconded the motion which carried 5-0.
II. ADMINISTRATIVE
A. Appointments to be made
Appointment
To Be Made
II Bradley
II Bradley
III Jaskiewicz
II Bradley
II Bradley
I II Jask i ewi cz
I Rosen
III Jaskiewicz
IV Matson
Mayor Harmeni ng
I Rosen
IV Matson
I Rosen
I II Jask i ewi cz
Mayor Harmeni ng
I Rosen
Reg/
Board Alt
Education Advisory Board Alt
Board of Adjustment Alt
Cemetery Board Alt
Education Advisory Board Alt
Board of Adjustment Reg
Nuisance Abatement Board Reg
Civil Service Board Alt
Education Advisory Board Reg
Education Advisory Board Reg
Planning & Development Alt
Code Enforcement Board Reg
Senior Advisory Board Reg
Education Advisory Board Reg
Community Relations Board Alt
Community Redev. Adv. Brd. Reg
Children and Youth Adv. Brd. Reg
Length of Term
Expi ration Date
Term expires 4/95 TABLED
2 yr term to 4/96 TABLED
1 yr term to 4/95 TABLED
Term expires 4/95 TABLED
Term expires 4/97 TABLED
Term expires 4/95 TABLED
Term expires 4/95 TABLED
Term expires 4/95 TABLED
Term expires 4/95 TABLED
Term expires 4/95 TABLED
Term expires 9/97 TABLED
Term expires 4/96 TABLED
Term expires 6/95 TABLED
Term expires 4/95 TABLED
Term expires B/95 TABLED
Term expires 4/96
All tabled appointments were left on the table. Commissioner Rosen tabled his
appointment to the Children and Youth Advisory Board.
- 2 -
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-104
Agenda Memorandum for
March 2l, 1995 City Commission Meeting
FROM:
Carrie Parker
City Manager
-jJ
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Tambri J. Heyden;
Planning and Zonirrg Director
TO:
DATE:
March l6, 1995
SUBJECT:
Boynton Beach Boulevard PCD - CNTE 94-003 & MPTE 94-001
Time Extension - master plan and concurrency exemption
Please place the above-referenced request on the March 2l, 1995
City Commission agenda under Development Plans, Non-consent agenda.
DESCRIPTION: This is a request for approval of an eighteen (l8)
month retroactive and an indefinite time extension for
zoning/master plan approval and concurrency exemption, submitted by
Kieran Kilday, agent for Bill Winchester, property owner for the
Boynton Beach Boulevard PCD located south of the intersection of
Boynton Beach Boulevard and Winchester Boulevard. The expired
master plan depicts a one hundred twenty thousand (l20,000) square
foot shopping center, which includes two outbuildings. In
addition, the applicant is requesting approval of a phasing plan
that would allow the project to utilize all or part of the 6,722
combined total trips per day that this PCD and the Knuth Road PCD
are allowed prior to widening of Gateway Boulevard.
RECOMMENDATION: The Planning and Development Board, with a 6-1
vote, recommended approval of this request, however for a period of
six months from the date of Commission approval and subject to
staff comments regarding phasing (limitation of construction of
square footage not to exceed 3, 36l daily trips until Gateway
Boulevard is widened to six lanes from Military Trail to Congress
Avenue) and re-evaluation at the time of site plan review of the
trips generated by the proposed outparcels.
TJH/pb
c: ccmtg321. bbb
March 7, 1995
Mr. Mike Haag
BOYNTON BEACH BOULEVARD P.C.D.
KNUTH ROAD P.C.D.
TARA OAKS P.U.D.
page two
restricts the development to 75,700 square feet of general retail (3,361 daily
trips) until,it'1s wid~ned to six-lanes in FY 96/97.
Tara Oaks P.U.D.
The updated traffic study discusses a project consisting of 192 multi -family
dwell i ng Imit~, and a 20,000 square foot church. Thi s project would generate
1,498 daily t'r'ip.. The .tudy mention. an unidentified previous petitton which
Iccount. for 770 of the project, dally trips. Like the K. S. Rogers study, the
updated study does not address these trips. Rather, it addresses 728 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, you 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 responding to your request. The form of the updated
traffic studies and missing information did not allow a timely review. If you
have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
30-- Jv~
Dan Weisberg, P.E.
Seninr,Registp.rerl C~vil Engineer
cc. Rob Rennebaum, P.E., Simmons & White
File: TPS - Mun. - Traffic Study Review
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IClIIIooy . ~1l1l1 ....
LIIndlc:mpa AtchllKW Pltlftnllt
11i61 "";rum PI.u.
Sull4l ,1JO.l\
w..,1 "olm 110001>. FIorIdot 33401
iolO?I oe.lMIZZ . "': I~ l108-2'Il62
Marct116, 1995
Me. Tembr1 H~en, Olreotor
CIty of Boynton Beach PlannIng & Zoning Dapllltment
100 Eur Boyrnon Bellch BIvCl. '
Boynton Beach, Fl 33425 I
RE: Tam OQk$ P.U.O., Knuth Road P.C.~, Boyntl)n BMOh Boulevard P.C.O.
QUA PROJECT NO.; 7SS.1tl .,'.... ,...
DMr Ms. Heyden.
ThIs l8tler wlI18erve as a request to postpone consld,!lI'I!ltlon of the above tIYee (S)
extension requests fOr a palled of thirty (30) daYf~ urnll Ihe City CommlNlon
Meeting of April 18, 1995, We are requesti'lg this postpOnement In order to
properly assess the effects of the Zoning Commissions recommendations ,
regarding theM projects assuming they are adopted by the CIty Council.
At the Zoning Commission Meetlng, It seemed appll,rent that thl!l Commissioners
WIS/'16'J to nave t)etl:er reassurance ht these projects will In faCt move forward 10
develop If time extensions are granted. As there are ongolng discussions
regarding the development of all of tI'1e properties at thIs time, we feal that during
the at:ldltlonal thirty (30) days we can try to solidify time tables for development
so vtf6 can better address this Issue at the City Council Meetlng_
Additionally, we will use this time to assess the effect of a denial of these petitions
lneludlng sueh Issues fl.! the status of pl'llllJous dlldloatlons of right-of-way which
rMultlXl from the previous approValll. WIth regard 1:0 thee. leeI.lee, our attOmey
wishes adequate time to fMet with tho City Attomey Md discuss the ramifications
whicrl would result from the City CounCil's adQf:ltlng the recommendations of the
Zoning Commission.
~~ :~l~~~ ~
t
PL~tltlltlGDtptllO
ZONING c .
1'1F~I;;::-t'?-"3:.' f-T; ~ i;.)"-I- ID:f,rU:r;::'l' ,~) HS~,rJC_.
~-~..
TEL iD:4:j'7-.j;89-2592
Tl'lllrlk you fOr your col'llllderatlon In this mattw.
Sincerely,
/'
-...~ .
........-~e:
K1111Ul J. KI CI
KIlday & AM;o 1__, Inc\....
OC~ Mike SotTOecW
KJK/odd\cheyden,316
tt450 PD2
.
Board ~lf Counly ('ollllJlissiol1l'l"'t
Ken L. J~-1stcr. Chairman
H1Irt Aaronson, Vice Chairman
Kiln'lt T. MarclIs
Carol A. Roherls
\Varren H, Newell
Mary McCarty
Maude Ford Lee
( (~IJnl\ .\dlll~lli...lr,!\!JJ
1'(llll'!'1 \\ll'i~)]l<lll
Department of Engineering
and Public Works
March 7, 1995
Mr. Mi ke 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 Palm Beach County Traffic Division has traffic reviewed the three traffic
analyses prepared by Simmons & White for these three proposed developments. The
three studies are updates to the K. S. Rogers traffic studies prepared in 1990.
They use 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 for
the two P.C.D.s, as would be required by the existing Traffic Performance
Standards (TPS). A letter received yesterday from Simmons & White provides some
of the requested additional information for Gateway Boulevard.
Bovnton Beach Boulevard P.C.D.
The updated traffic study addresses 120,000 square feet of general retail. The
traffic study states that it address 110,375 square feet of general retail, and
outparcels consisting of a 5,625 square foot bank with drive-through, and a 4,000
square foot high-turnov'er 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 4,818 net daily trips with a
build-out of 1997. The study shows that the project will meet the requirements
of TPS on a 11 roadways except Gateway Boul evard. Gateway Boul evard restri cts the
development to 75,700 square feet of general retail (3,361 daily trips) until it
is widened to six-lanes in FY 96/97.
Knuth Road P.C.D.
The updated traffic study addresses a 120,000 square foot shopping center which
includes 110,375 square feet of general retail and outparcels consisting a 4,500
square foot bank with drive-through, and service station with a 2,000 square foot
convenience 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
requirements of TPS on all roadways except Gateway Boulevard. Gateway Boulevard
"An Equal Opporlunity - Affirnwli\'l' Actioll EmplllYl'r"
9 printed on rocycled paper
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-411lHI
Ms. Tambri Heyden
March 6, 1995
Page 2
using our approved master plan is very important. In all probability, based on
some very recent discussions with users of the Knuth Road P.C.D., we believe
that the service station use will In fact be the first phase of the development of this
center. Additionally, with the construction of the service station, we hope to be
In a position to construct Knuth Road from Its current terminus and Is southerly
to the canal crossing. (Tara Oaks P.U.D. will continue this construction southerly
to Woolbright Road.)
At this time, we expect the petition to be heard by the Planning Commission on
March 14, 1995. I will make myself available at any time should you wish to
discuss these matters further. i will continue to seekwtltten conflnnatlon from the
County Engineer that the phasing requirement referenced In this letter Is In fact
correct. . :-.
Kieran J. Kilday
Kilday & Associates, Inc,
CC: Mike Schroeder
Bill Winchester
Klld.y & A_lat..
Landscape Archlteclsl Planners
1551 Forum Place
Suite l00A
West Palm Beach. Florida 33401
14071 689-5522 . Fax: 14071 689-2592
-~.~-..-.....
D
, u:J ~ U W ~
MAIl 8!'
w
March 6, 1995
Ms. Tambri Heyden, Planning Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33426
PZLANNING AND
ONING DEPT.
Re: Knuth Road P.C.D. and Boynton Beach P.C.D. Time Extensions
Our Project No.: 799,16
Dear Ms. Heyden,
Thank you for meeting with Bill Winchester and myself last week to discuss the
Time Extensions for Boynton Beach P.C.D. and Knuth Road P.C.D. As of this
date, I am stili waiting for verification from the County Engineer that phasing for
each of the above projects would only occur after the trips generated by each
project exceeds 3,361 trips per day. This number Is the number that was
calculated by our traffic engineer, Mr. Robert Rennebaum, In assigning the 1%
that Is allowed to utilize Gateway Boulevard and working the trips backwards to
the site based upon the assignments contained In the original traffic study.
As you are aware, Mr. Winchester is concerned that this project is being required
to retroactively meet phasing requirements when there are many other projects
in the City of Boynton Beach which have received extensions without any phasing
requirement. For that reason, we are requesting an agreement with the City that
either project be allowed to utilize all or part of the 6,722 total trips that the
projects would be allowed before the requirement of phasing. In other words,
since each project would be permitted 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 one project will move ahead quicker than the other project.
One additional issue which we discussed at our meeting which we would like to
have resolved at the time of the consideration of the extension request is the fact
that the Knuth Road P.C.D. has an approval on it's Master Plan Including a service
station. While we are aware that the service station criteria which was adopted
after this approval would not allow this use at this comer, our ability to proceed
c (; 1Z> <hCe~:
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Kllde, rt ~_
Landscape Architectsl Plannars
1561 Forum Place
Suite l00A
West Palm Beach, Florida 33401
14071 689-5522 . Fax: (4071 689-2592
February 14, 1995
Mr. Mike Haag, Zoning and Site Development Administrator
City of Boynton Beach Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Tara Oaks PUD, Knuth Road PCD, and Boynton Beach Boulevard PCD
Our Project No.: 799.16
Dear Mr. Haag,
This letter serves as a request for a postponement to the March 14, 1995 Planning
and Development Board Meeting of the aforementioned projects currently being
reviewed for a Time Extension and Concurrency Exemption Certification. These
items are scheduled on tonights February 14, 1995 Planning and Development
Board Meeting, however, the petitioner is requesting this postponement to allow
additional time for their Traffic Engineer to address concerns raised by the Palm
Beach County Traffic Division for these projects. Thank you for your continued
cooperation with this matter.
Should you have any questions regarding this postponement, please feel free to
contact this office.
Sincerely,
.CJ7.'. Q . W~
Lind~r
Kilday & Associates, Inc.
cc: Bill Winchester
Mike Schroeder
\ I ~ i; ~ q 'lJc:~ ~
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, ~'-11ie City of
tJ3oynton tJ3eacli
",,, Il n:..- :;.:/ _ :;..-J
c:, L':" 1.10 ' r, r' - , ,
, - c~/rc t?'I<)C>!
100 'E. 'Boynton 'BUIdi. 'BoukfltJTti
P,O. 'B~310
'Boynton 'BUJd., %n-irfa 33425.0310
City:JfDfl: (407) 37~
~.PIX: (407) 375-6090
January 20, 1995
Mr. Dan Weisberg
Palm Beach County Department of engineering
and Public Works - Traffic Division
P.O. Box 21229
West Palm Beach, FL 33416
Attn:
Dan Weisberg, Senior Engineer/
Boynton Beach Boulevard P.C.D. '
Knuth Road P.C.D.
Tara Oaks P.U.D.
RE:
Dear Mr. Weisberg:
Enclosed please find the original traffic impact analysis, prepared
by K.S. Rogers, Consulting Engineer, Inc., and recent summary,
prepared by Simmons & White, Inc., documenting the trip generation
of the above-referenced projects. The original traffic impact
analysis for all three of the projects assumed a build-out or
completion date that has elapsed. What impact does this have on
their trips? Have they lost their trips? Please verify the
applicability of the roadway improvements listed in the Simmons &
White reports.
We understand that you have thirty (30) days to respond to our
request, we would appreciate if you could provide written comments
to our office as soon as possible, a phone conversation will
suffice while a written response is provided. Thank you for your
prompt response.
j[meriaz's (jateway to the (juCfstnam.
/
page 2
Mr. Dan Weisberg
If there are any questions, please contact me at (407) 375-6260.
Haag
Site Development Administrator
MEH/pb
Attachments
cc: Bill Hukill, City Engineer
Central files
'c:Y,MI!--,,, ~~
"\'~"~'/"
KIId8y & Aaocl._
Landscape Architects! Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(4071 689-5522 . Fax: 14071 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)
nuth 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 Development of Property. In fact, this section was the basis for a
similar review of the Capitol Professional Center PCD (located at the southeast corner
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 concerning
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.
uuoo
NOV 2 8 1994
-",~-----"'-"-'---"---'--' ..-._--~-----_.~_.__._.
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 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
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 & Malavasi Engineers, Inc.
to construct a portion of Knuth Road at the south end of the Tara Oaks
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 concerning 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.
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
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 corner 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.
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
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.
Sincerely,
/
Kieran J. Kilday /
. .---/
~"---
cc: Bill Winchester
Michael Schroeder
AKJKjjb/heyden.n16
iJTie City of.
f}3oynton f}3efUn
/~ f2d,Pc[
J
PWnning & Zoning 'D<partnunt
100 'E" 'Boynton 'B<tUfi 'BouUvara
P,O. 'Bo'(31O
'Boynton 'B<tUfi, 'Jforida 33425,0310
(407) 738-7490, 'J5lX: (407) 738,7459
June 29, 1992
Mr. Kieran J. Kilday
Kilday & Associates
1551 Forum Place, Bldg. 1DDA
West Palm Beach, FL 334Dl
Dear Kieran:
This is to inform you that on June 16, 1992 the City
Commission approved your request to extend expiration dates of
the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD for one
year.
This means that the plats for these developments must be
approved by June l7, 1993. If you are in need of further
extensions, your request should be addressed to this office no
later than May 17, 1993.
I hope this letter is of some help to you. If you should
have any questions regarding this matter, please feel free to
call me.
Yours truly,
~~
Christopher Cutro
Planning & Zoning Director
CC/jm
Jlmema's (jateway to tfie (julfs!.r!Cl.~_
, Board 01 \"OUDty It.:ommissioDers_
Carol A. Roberts, Chair
Carol J. Elinqu~t, Vice Chairman
K..ren T. Marcus
Dorothy Wilken
Jim Watt '
County Administrator
Jan Winters
September 15, 1988
Department or Engineering
ond Public Works
H, F, K.hlert
County engineer
Thomas A. Clark, P.E.
City Engineer ,
City of Boynton Beach
120 Northeast 2nd Avenue
Boynton Beach, FL 33435
SUBJECT:
S.W. CONGRESS BOULEVARD AND CONGRESS AVENUE
'"'.~.. -. '.
Dear Mr. Cl ark..:
The Traffic Division has received our copy of the correspondence, regarding the
sUbject intersection you sent to Mr. Michael F. Matchus of Coral Gables Federal.
In his letter, you requested the total cost of installation of the traffic signal
at the sUbject intersection. Please find attached a copy of Contract No. 87-
16, which list the equipment needed and a total cost for the proposed traffic
signal installation.
We are requesting that your office inform each of the three Developments of their
fair share cost for the traffic signal. In addition, we are requesting that the
Landing Apartments, Lakes of Tara, and Tara Oakes establ ish a joint escrow
account in the amount of $28,398.50, to be released dir.ectly to our signal
contractor upon completion of the installation. As soon as the County has been
notified that the escrow account exists, the signal installation contract will
be released with a 90 day completion schedule.
Thank you for your cooperation in this matter of mutual interest. If you have
any questions, please contact me.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~~)t:'C~
Charles L. Cantrell
Signal Engineer - Traffic Division
J-I4j,
CLC:GLH:jr
~Cl]lV
OCr 'liD
Jo
Pu,tv 1988
tvliVG D
I;:pr..
.
cc: Mr. Carmen Annunziato, City Planner w/enc.
Mr. Peter Cheney, City Manager w/enc.
File: Intersection "S.W. Congress Blvd. & Congress Ave."
clc\clark.con
uox 2429 WI:H J'AtM UJ'ACH. flORIDA 33402-2429 (407) 684-4000
":\n "'qll;;l OpportunilY . AITirlll,J(i\'t~ :\ction F.mplo~'er"
C~H)II\. Hobert" Ch~lr
Carol'J. EIIll'luist, "Ice Chairman
"~ren T. I\lareus
Dorothy \\iilken
Jim Watt
Ikpartllll'nt of LlIgilll'l'1"illg
and Puhlic \\'orb
II. F. ,,",lll1c'r\
COllllty Lllgilu'l'r
RECEIVED>
May 26, 1988
JUN 1 198F
PL.ANi~;'W
r'": :." .:~ i
.,.... ",'
Mr. Thomas A. Clark, P.E.
City Engineer
City of Boynton Beach
120 Northeast 2nd Avenue
Boynton Beach, FL 33435
SUBJECT, CONGRESS BOULEVARD AND CONGRESS AVENUE
f:
.......'_..~.:--.,:
Dear Mr. Clark:
':
.
,
In previous correspondence to your office, the Traffic DiNision indicated that
a flashing signal, which would be converted to a fully operational signal when
minimum vehicular volume warrants are met, was justi,fied at the subject
intersection. You had informed this office that developer commitment existed
to cover the installation costs. At the present time we have received seperate
letters from all three developers indicating a willingness to participate in
the Signal installation costs. However, only one party, Michael F. Matchus of
Coral Gables Federal (representinq Lakes of Tara), has indicated that a
specific amount of mOlfey nas been made available (see letter dated JUly 31,
1987) . Mr. M. T. Regi ster of the Lieberman Corporat i on (represent i ng the
~ngs Apartments) indicated in a letter, dated April 3, 1986, that they
were wi 11 i ng to pay thei r fa i r share of the costs. In an April 27, 1988
letter, Mr. K. Dan Shalloway, P.E. (representinE Tara O~kes p '~~) indicated
that the Developer had met his requirement 0 provlmr Tun ~for signal
installation costs.
The Traffic Division is requesting that your office inform each of the three
Developments of our intent to construct the flashing traffic signal. In
addition, we are requesting that the Landings Apartments, Lakes of Tara, and
Tara Oakes establish a joint escrow account in the amount of $30,000.00, to be
released directly to our signal contractor upon completion of the
install ation. We are suggesting that your office arrange a meeting with all
parties concerned (The City, Developers and County) to coordinate and resolve
each entity's level of participation.
It should also be noted that this office has initiated a new traffic study for
the subject intersection to determine if the initial installation should be
upgraded from a flashing signal to a fully operational traffic signal. We
will notify your office when the study has been completed and reviewed.
"An Equal Opportunity - 1ffirmative Action gmployer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402.1989 (407) 684,4000
1
J
'11ie City of
'.Boynton 'Beacli
I
,
100 'E. 'Boynton 'Btadt. 'Boukvartf
P.O. 'Bo'(310
'Boynton 'Bead.. ~forUUz. 33425,0310
City:Haf[: (407) 375-6Q()()
~;U: (407) 375-6090
,jll,ovember 23, 1993
Bill Winchester
P.O. Box l240
Boynton Beach, Florida 33425
Dear Mr. Winchester:
Doing the research for the excavation and fill permit recently
submitted to the City, it was discovered that the Boynton Beach
Boulevard P.C.D. was originally issued on December la, 1990, and
was granted a one year extension until June l6, 1993. Therefore,
the P.C.D. has expired as of June l7, 1993. The approval of the
excavation and fill permit on Tuesday, November l6, 1993 should
not be construed to be a Development Order issued by the City,
nor does it imply any vesting of the property on behalf of the
City. I am enclosing a copy of the applicable zoning code
(Section 6.F.ll) regarding time limits on P.C.D's.
Please contact us and let us know what your plans are regarding
the P.C.D. status of the property. Thank you.
Sincerely,
CITY OF BOYNTON BEACH
~jJc:uJ=--
Carrie Parker
Assistant City Manager
c: J. Scott Miller, City Manager
Jim Cherof, City Attorney
Tambri Heyden, Acting Planning
Don Jaeger, Building Official
& Zoning Director
'\/
G'
~.
r
~\I
~~
~~
Ku,)
{?Dil'l
CP:smb
Attachment
JImerica's (jateway to tne (julfstream
;
~
APPENDIX A-ZONING
See.S
10. Conditions and stipulations. In recommending zoning of
land to the PCD classification, the planning and zoning
board may recommend and the city council may attach
suitable conditions, safeguards, and stipulations, in accord
with standards set out in these zoning regulations and in
this section. The conditions, safeguards and stipulations
80 made at the time, of zoning to PCD shall be binding
upon the applicant or his successors in interest. Deviations
from the approved master plan except in the manner herein
set out or failure to comply with any requirement, condi,
tion, or safeguard, shall constitute a violation of these
zoning regulations. It is intended that no conditions. safe-
guards or stipulations be required which are not within
the standards set out in these zoning regulations and in
this section and that conditions, safeguards, and stipula,
tions be clearly related to the ends and objectives of these
zoning regulations and this section.
11. Time limit, The approval of the zoning to PCD by the city
commission shall be in effect for eighteen (18) months from
the effective date of the approval of the ordinance to re-
zone. Failure to record a plat of record for the fIrst phase of
the development or for the total development as the case
may be within the aforementioned eighteen (18) months
shall result in the approval of rezoning being subject to
review by the city commission. The city commission shall
direct staff to submit to the city commission an application
which will down zone the property to the original or appro-
priate zoning district, Following such direction by the city
commission, no new development permits affecting the prop-
erty shall be issued by the city until a fInal determination
is made by the city commission following notice and public
hearing, Upon written request by the applicant prior to the
expiration of the PCD classification the City Commission
may extend for one (1) additional year, the period for com-
mencing plattin?: procedures. In granting such extensions,
the city commission may impose additional conditions to
insure completion of the platting process and conform the
project to current development standards, and to protect
the health, safety and welfare of adjacent developments.
Supp, No, 49
1924,13
1.)\ Uo.~ V. ........VU.IL) .......V...III....................
t
~'"rol 1\, Roberls, Chair
CaroI' J, EI~lHlujst, Vice Chainn.lll
K.Hen T. rvltHCUS
DorodlV Wilken
Jim Watt
Count)' Adlninisll'alol'
Jail \Vintl'rs
Ikp<lrtllll'nl Ill' rllgira'niTl.L!.
alld Puhlic \\ orb
II. F. K.Jillnl
COUllt)' I:ngillt'l'r
Thank you for your anticipated cooperation in this matter of mutual interest.
If you have any questions, please contact this office.
Sincerely,
OFFICJ OF THECOUNTY ENGINEE~
Cf12~ ;r: ~5?M
Charles L. Cantrell
Signal Systems Engineer - Traffic Division
CLC:&.~i3e
Attachment: Letters dated 04-03-86, 07-31-87, 04-27-88
cc: Carmen Annunziato, Planning Director
City of Boynton Beach
Michael F. Matchus, Assistant Vice President
Branch Manager - Coral Gables Federal Savings and Loan
M. T~ Register, Manager of Construction and Development
Liberman Corporation
K. Dan Shalloway, P.E.
President - Shalloway, Foy, Schofield, Rayman & Newell, Inc.
Charles R. Walker, Jr., P.E.
Director - Traffic Division
File - Intersection "S.W. Congress Blvd. & Congress Ave."
"An Equal Opportunity . 1ffirmative Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33402.1989 (407) 684.4000
,
CITY of
BOYNTON BEACH
~/t
@ 100 E. Boynton Beach Blvd,
..;, . P. O. Box 310
. "'~;;.' Boynton B.ach, Florida 33435,0310
~ (407) 734,8111
OFFICE OF THE PLANNING DIRECTOR
May 18, 1990
Palm Beach County Engineering Department
Attn: Mr. Charles Walker, County Traffic Engineer
P.O. Box 2429
We.t palm Beach, rL 33402
RE: Traffic Impact Analysis - Tara Oaks PUD
Dear Mr. Walker:
Enclosed you will find two copies of the Traffic Impact Review
for the Tara Oaks PUD which was prepared by the City's traffic
consultant, Walter H. Keller, Jr., Inc. Mr. Keller reviewed the
traffic impact analysis prepared by K.S. Rogers, eonsulting
Engineer, Inc., dated April 2, 1990. Two copies of the traffic
impact analysis prepared by Ken Rogers will be hand delivered to
your office and should precede the arrival of this
correspondence. Please review the above for consistency with the
Municipal Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
If you have any questions concerning the above, please do not
hesitate to contact me.
Very truly yours,
CITY OF BO~;~N/BEACH
.~I-L- Ii. ,h-.!Lk.
clames G. Golden
Senior City Planner
JJG:cp
Encs.
cc: Tim Cannon
Vincent Finizio
Ken Rogers
eertified Mail #P730 407 529