REVIEW COMMENTS
J1 fL 1ft ~fcm
~
PLANNING AND ZONING
TO:
Jim Cherof
MENT MEMORANDUM NO. 95-487
FROM:
Michael E. Haaq
DATE:
September 5, 1995
SUBJECT:
Boynton Commons - >>nified
. i city Attorltey..-AJl~roval)
- File No. REZN 95-QQJ_-'
Control Documents
"-
Find attached a draft copy of the above-referenced document for
your review. Please ensure the document is in compliance with the
City's Code of Ordinances. The document is being submitted in
connection with a rezoning request. The property identified on the
enclosed survey is being rezoned from C-3 to PCD. The rezoning
request is being advertised for review by the Planning and
Development Board on October 10, 1995, and the City Commission on
October 17, 1995. The final document including appropriate
exhibits and recording of same with Palm Beach County will not
occur until the City Commission approves the rezoning and plat.
The final version of the plat and master plan will not be of record
until the applicant addresses comments and conditions approved by
the City Commission. Therefore, we are requesting approval of the
legal content of the document, excluding the exhibits, at this
time.
With regards to the review of the document, the Planning and Zoning
Department believes the following concerns should be addressed:
Include language that identifies the land is zoned PCD.
will 7.2 of Article VII cover future subdivisions of land
within the Boynton Commons PCD? If not language should be
added.
Exhibit "A" should be changed from the survey to the plat.
Appropriate signatures should be on the document you approve.
If you find our comments are appropriate please include them with
your review. Upon your approval of the document please forward the
document to the Director of Planning and Zoning. This department
will hold the city approved document until the appropriate exhibits
are added. The applicant will then have the responsibility to
record the document and return a copy of same to the city.
Thank you for your prompt response.
~:,t/c4
E. Haag
Attachments
AUG-31-'95 16:13 ID:
LAW OFF ICE",
TEL NO:407-241-0798
1I382 P01
SC~OEDER AND IARcm;:. P "A .
ATTORNEYS AT LP.W
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7383
TELHCOPIER (407) 241-0798
So~ RATON (407) 24L-0300
BROWARD (30~) 421-0878
._.._.-,~"..- I
~- " '-;F ,':'i ,,;,~!
\1 ~ li 1
, PLANNiNG AND .1
ZONiNG DEPT.__~'
T~L2COP.IER TRANSMITTAL SHRRT
BILLING NO,
TE:LECOPY NO:
TO:
FROM:
RE:
1025-05
(407) 375-;;;090
Mr. Mike H~g
Michael A. Schroeder, Esq.
Boynton Commons/PCD Rezoning Request
August 31, 1995
VATE:
SPECIAL INSTRUCTIONS: Per instructions frOO\ Mr. Lelonek at Land
Design South, attached is a copy of Declaration of Easements,
Restrictions and protective Covenants for the PCD Rezoning Request
for Boynton commons.
TOT~ NUMBER OF PAGES INCLUDING THIS PAGE: 8
ORIGINAL TO FOLLOW: NO
CONFIDENTIALITY NOTE
Till! INFOllMATION COIfTAINED IN !!lIS ~AX TRANSMISSION IS LEGALLY PRIVILEGED AND
CONFIDIDI'I'IAL INPORMATION INTENOI!t> ONLY l'I:>R THE U611 OP THB INDIVIDUAL OR ENTITY NAMBD
~BOV~.IF TIIR READB~ OF THIS TRANSMISSION IS NOT THIi: INTENDBD RBCIPIENT, YOU ARE
HEREBY !l70'rIFIllP TllAT JtoNY DISSEMINI\TION, DI5TRIBU'l'ION OR COPYING OF THIS TRANSMISSION
IS STRICTLY PROIIIBITBD, IF YOU HAVE MC'l!IVlID THIS TRANSMISSION IN BRROR, PLEASE
IMMEDIATELY NOTIIIY US BY COLLECT 'rIllLEPHONt:: CALI; MW RETURN 'IlIE ORIGINAL TRlINSMISSI0N
TO US 1\T THE ADDRESS AllOW VIA t7. S. MIlIto, THANK YOU
IF YOU DO NOT RBCEIVI ALL OF THE PAGES PLRASB CALL (407) 241-0300
As SOQhi: AS rogG-IRLB
OUR TELECOPIBR NUMBER IS: (407) a41-07Sg
AUG-31-'95 16:14 lD:
LAW OFFICES
TEL NO:407-241-0798
tl382 P02
PIlJEPAJaKD BY JUU) U~ TO I
.%("0....... A. samoml:R, I:SQ.
samomlUl. A:EI LAJltC'JIB, P.A.
OD Boca. PLACB, stl'ID 319-A
22!l!l GLADBS ROAD
Boca. RATON, FLORrDA 33431-7383
DBCLAJtA,TZ01'I OF BASB:IIB:1ftS, _STaZC'l'Z01'IS
AND PItO'rBC'l':IVB COVIIHAB'l'S
nus DECIoAJlATZO!l' OJ' IilASI1HIDl'l'S, ItlIS'1'It%C'r%ONS A1O) PItO'1'EC'l'ZVI!l
CQVB:!I'A!lTS is ..de this _ day of , 1995, by
BOYHT01'I OOMKOHS OORPORATZON, a Florida corporation (-Boynton
Commons") whose ad4ress is 7040 W. Palmetto Park ROad, S~ite 302,
Boca Raton, J'luri4a 33433
RIIC:I'l'ALS
A. Boynton COlIIIaOns is the fee silllple o_e~ of cez-tain real
property located in Boynton Be.ch, J'lori4a legally described on
Exhibit "A" attached hereto (the "Property" or the "Shopping
C~ter") aDd depicted on the Approved Kaster plan attached hereto
as Exhibit .." (the "Kaster Plan").
B. Boynton COIlIIIlOns is <!evelopu..g the propert.y as a :c-etail
Shopping CaD~er in accordance vi~h the Kas~er Plan.
c. Boynton C..-ons desires to hereby establish certain
easements and restrictions pertaining to the Property and otherwise
pz-ovide for ita unified control.
NOW.
....tablishss
covenants,
'l'HDII:I!'OD. Boynton COIIIIIIOn. hereby declares and
the following easements. restrictions and prote"tiVO!l
HUG-31-'95 16:14 ID:
LAW OFFICES
TEL NO:407-241-0798
11382 P03
AJl.TICL:R I
DB'B:IH:ITI:01f8
1.1 Declaration. Tbis Declaration of Basements, Restrictions
aa4 ~roteCtive COveDaAtB.
1.2 BuildiD9 Areas. All thOlle portiena of the Shopping
center (as hereinafter defined) an Which buildings are constructeO,
or to be constructed, all in accordance with the Baster Plan.
1.3 Co_on Areas. TIle portion of the Shopping center.
exclusive of the Building Are_, int_o.eo. for CQmIIICJJ. &110. non-
exclusive use by the Respons~le Party, its successors, assigns,
ea>ployees, agents, iDvitees, guests .....d t........ts. ....d its tenant. s
..uccelllllorlll, aSlIIignlll, ag_tlll, ea>p1oyee., inviteelll, guests .....d
..ubten.....t.., including, but not limited. eo, all entrClDcell, e;/l;;i,tll,
drive_y.., roads, parking areas, parking lIPaCelll, 1II1d.ewa1kll, se,;vice
drives, utilities, drainage .....0. storm wster runoff ClDd. retention
facilities and. landscape area... as may now or in the future be
locate4 on the shoppiag- Cater, or changed frcGl time to time by the
RespoDlIIib1e Party.
1.. Re_sihle Partv. The owner of the property; provid.ed,
however. that if suCh o~er shall transfer, conveyor grOUDd lease
:i. te :i.nterest ;Ln GAy poJ."tion of the Prope&'ty in such .. lIUU1Der ... to
create .ultip1C owucrll of tho p~ope~ty then tho pO~SOD owning the
largest portioD (baaed an square footage) of the Property lIIhall be
the -Reapoaeible Pa~ty-.
AJI.'l'IM.. :1:1
PROPERTY 1:DB.J'll~ TO TRJ:l1 DEer '&D%LT:rOX
upon ~e reQor4atiQn hereof, \:~ Shopping C"'~er sball be
held, tranaferred. aDaumbere4, sold.. aQnveye4 an4 OQQ~pied., in
whole or iD part. subject to this Deala:ration. The Shopping Center
or alty J>ortiO'll- thereof. altd the ri!:fht. and obligations of the
Rasponsible party provided in this De(!laration may be freely
transferrable or l!u.8igned to another per80n or tmtity. No such
transfer or assignment, however, shall eause any revoeation, ehaDge
or addition to the provisions establillhed hy this Df!elaration.
axcep~ as may he herein provided.
2
AUG-31-'95 16:15 ID:
LA"I OFF] CES
TEL NO:407-241-0798
11382 P04
ARTXCLIi: IXI
gRANT OF KASKMERTS
3.~ vAbicular and p.~..triad Access. The Respon.ib~e party,
~t. successors, aS8~gns, eDP~oyees, agents, ~nvltees, guests and
tenants and its tenant'u uueeeSBors, assigns, emp~oyees, agents,
invitee,., guests and subtenants shall have .. perpetl.uil, non-
exclusive ...s_ent for the purpose of vehicul..r and pedestrian
i4gJ:'ess ~cl eg>:'esB, to ~d fJ:'C&, ove.., upon liUld across the
entrances, exists, driveways and other common Areas.
3.2 Vehieula,. PllrkiDCl'. The Responsible Party, its
SUCCeBSOlo'S, assi9Qs, .-ployees, agents, invitees, guests and
ten~tD ~d its tenant'. .ucce.sor., ...igu8, employees, a98Dts,
invitees, guests and subtenants sha~l bave: a perpetual, ,o.on-
exe~usive eas~t for the puZ'pOse of vebicu1... parking, over, \l.pon
&Dd aeros.. the parking area.. ....,11 parking upaeeu of the O""""on
Are.....
3.3 D,=\.U.l:v Basements. '1'be 1l.esponsible Party shall have a
perpetual, nQn-exo~usive easement for the purpose of instal~in9,
operating, maintaining, repairing, replacing, renewing and tying
iato ...y ...d. a~l utility li....s, dz'.in~. f.ci].:l.ti.. ...d ,.elat.d
facilities, includtag surfaoe drainage rights, over, above, a~ong,
under, in and aoro.. the Shopping Center wherever the.e utility
lines or iaoilitie. may be loaated.
.a.R.TJ:t!LJZ xv
Ctmg~tJC'rJ:CH
The :aespotLllible Party shall be rellpon8ible for the
conlltruction of all uti1itiAII. parking arAas. drivAways. 1I.CCASS
ways, roadways, sidewalks and walkwaya, llxitll and llntrancAS and
other cammon Areas located in the Shopping center.
n'l'1:~EV
MILT1II1'I'1Z'ITa.W(!R
The Responsible Party shall maintain in good repair lIlld
condition all utilities, p~king areas, parking spaces, driveways.
aoo..s ways, rQadways, sidewalks and walkwayst exits and entrances
lIlld other Common Areas located in the Shopping Center.
3
HUG-01-'95 15:16 ID:
LAW OFF1CES
TEL NO:407-241-0798
11382 P05
llTICLB VJ:
l:1I8tJRMiICE
The Responsible party Shall ~tai~ an~ maintaia comp~ehensive
geae~al liabiUty insu~lIJ1ce or (1) at least $1,000,000.00 witb
respect to bodily injury or 4eath to any oae persoa, (ii) at least
$2,000,000.00 with reapect to DOOily injury or 4eath arising out or
any oae occurrence, an~ (iii) at leaSt $1,000,000.00 with respect
to property d.amage arisiag' out of anyone occurrenc<<.
aJlT'rCI.K V:I~
II:ESt2L T.. 'IilIWIWTS
7.1 "~~"''M'''nt and T8:rm.ination of Declaraticu..
Declaration may only ~e modified or rescinded, in wbole or
by the Respoasible party, its successors or assigns.
This
ill part,
7 .2 Am.ndm.nt of 1II....t.r PlllD. Bothing herein ..hall be
eonstrueel to p_..._t the Re8SlOlls:Lble party froaa _di"8' t.lle MelIter
plan wi~o~t: ~. cons.nt: of any other party unless the cod. or
ordinllDce.. of the City of BOyzatOl1 Beach require it.. consent i...
which event tlw ...stezo I'laa ..h..ll not be _ended without having
rirst 0I:tta1...ed. the oo....ent of tbe C:l.ty of Boyzaton BeaC!h.
7.3 eOv.llD~t:A R'Iu'lft11lCl' with ..h. L_n". Th. terms, conditioDs,
covenants, rights anel Obligations contained within this Declaration
.ball run with the Shopping Center lIDd all part. thereof and inure
to and be for tlw benefit of the R.sponsiblo pazoty, :l.ts succe..ozo.,
...igns, ~lo~.., .gent., 1n...it..., guests and tenants and its
tenant'. .uooe..or., a..ign., employ..., .g....e., l...vltoo., SUe.es
and .ubt~ant. for an inltlal e.~ o~...olDg wleh the daee ehls
Dealaration i. recorded in tbe ~110 aeoor48 of p~ Beach Co~ty,
~lorida and continuing until Deceml:ter 31, 3025. Thi. Declarat:l.on
shall .ut~t"Oll.lly !). _teAdeel for aMitiOA&l p4lr1oel. of ten (10)
year. eaeh unle.. tar.m1nated. :1.11. wr:l.t:l.Dg ~ write.n agr....Dt Of the
R..pon.ible party and all other OWner. of any portion or the
Shopp:l.lI.9' C_t.er and filing of .ueh t.xmination in the Public:
Reoor"s of Palm Beaeh COWI.ty, Florida prior to .uch data of
extension.
7.4 Severability. In the event that any parI:, I:erm or
provision of this Declaration shall becama illegal, null or void
for any rlla.o~, or .hall bll hAld by a eourt of CCllllpAtllnt
;urisdietion to be so, the ramaining portions tberAof .bAll rAmain
in full force and effect:.
"
RUG-31-'9S 16:16 ID:
LRW OFFICES
TEL NO:407-241-0798
11382 P06
7.5 Annlicable La". 'l'hb De~l.ratiOIa IIAll be governed by
and construed in accordance "ith the laws of tbe State of ~lo~ida.
7.0 No Ded1cat:l.on. Not:.h1ng herein contained sball be deomod.
to be a gi~t or dedication o~ ~ portion o~ the Sboppilag Center to
ebs general pUbliC or ~or tne general public or for ~y pUblic
pu~poses whatsoeve~, it being the intention Of the parties that
tbis DeClaration shall be strictly limited to and ~or the purpo.e.
herein expressed. KOreoVer, tbe Respolasible party reserve. tbe
right to Clo.e of~ any pOrt10n of the cOIIIII\on Areas tor such
reaSOnaDle periOd or time as may be legally necessary to prevent
the acquisition of prescriptive rights by anyone.
ZN Wt~SS WBBKBOF, Boynton cammons has execut:.ed this
De~laration all o~ the ~y and year first above written.
ao~.....o.. CO....ol'lS COKPOKA'1'tOIll,
.. Flori~ corporation
"ZTml:SS:S:S,
By.
Its,
.rint Namo &a to wi~eaa
p~iDt Naae aa to "itaeaa
S'1'ATE OF FLORrDA )
) 88.
COVR'l'Y OF PAUl au,al)
The foregoing instrument w.s acknowledged befo~e me OD
, 1995, by , .s
of BOYJn'OR ~ CORPORATXOIr. . I'lorida cozporation, on :behalf of
the corpo~.tion. .e/sM is personally known to _\ha. prodl1Qed
a. identifioation.
print. Type or Stamp
Commissioned Name of Notary
PUblic - State of Florida
~ Commission Expires.
MY Commission HUmber.
MY Notary Seal:
8;\7\CLiBNTS\BTt~~..\.0Y.N70Nl+DZC 1025-03
5
AUG-31-'95 16:17 ID:
LAW OFFICES
TEL NO:407-241-0798
11382 P07
BXBIBI'f -.a.-
LBGAL DBSCRIPT1:01l 01' PROPERTY
[TO I)e attaCneo.J
HUG-31-'95 16:17 ID:
LHtJ OFF ICES
TEL 1-10: 407-241-0798
11382 P08
RXBIB%T -B-
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X. LEGAL
A.3
PLANNING AND ZONING DEPARTMENT HEMORANDl cc: Plan. Dev. Util
cr'S- ,,"'1
Agenda Memorandum for
November 21, 1995 City Commission Meeting
TO:
Carrie Parker, city Manager
FROM:
~/-:r\) /
Tambri Heyden, Planning and Zoning Director ~
DATE: November 16, 1995
SUBJECT: Boynton Commons PCD - File No. 95-003
Rezoning from C-3 to PCD
Please place the above-referenced request on the November 21, 1995
City Commission meeting agenda under Legal - Ordinances, Second
Reading. Please note that the City Attorney has not yet indicated
whether final reading of this ordinance must be advertised can occur
at this time given possible additional advertising requirements that
may be necessary.
DESCRIPTION: You will recall that the City Commission, on October 17,
1995, approved this request from Land Design, agent for Boynton
Commons Corporation, to rezone a 23.03 acre parcel from C-3 (Community
commercial) to PCD (Planned Commercial Development). Then on November
7, 1995 the City Commission approved this request on first reading.
The proposed planned commercial development is located at the
southwest corner of Congress Avenue and old Boynton Road, and consists
of 186,130 square feet of gross leasable floor area within five (5)
bUildings with uses that may include a restaurant, office and other
retail tenants.
RECOMMENDATION: It is recommended that the attached ordinance be
approved on second reading, provided concurrence from the city
Attorney is received.
TJH:mr
Attachment
~!seZ!,aCOMM2HO.AGM
X. LEGAL
8.3 ......
... .. cc: Planning
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-642
Agenda Memorandum for
Noyember 7, 1995 City Commission Meeting
TO:
Carrie Parker
City Manager
Tambri J. Heyden ~
Planning and Zoning Director
..""
FROM:
DATE: Noyember 2, 1995
SUBJECT: Boynton Commons - File No. REZN 95-003
Rezoning from C-3 to PCD
Please place the above-referenced request on the November 7, 1995
City commission agenda under Legal - Ordinances, First Reading.
DESCRIPTION: You will recall that this request from Land Design
South, agent for Boynton Commons Corporation, to rezone a 23.03
acre parcel from C-3 (Community Commercial) to PCD (Planned
Commercial Development) was approved by Commission on October 17, ..""
1995. It is now reading to finalize through adoption of an
ordinance. The property is located at the southwest corner of
Congress Avenue and Old Boynton Road. The proposed use is a
Planned Commercial Development (PCD) consisting of 186,130 square
feet of gross .leasable floor area within five (5) buildings with
uses that may include a restaurant, office and other retail
tenants; some with drive-through windows (exempt from conditional
use approval since specified at time of master plan) .
RECOMMENDATION: It is recommended that the attached ordinance be
approved on first reading.
TJH:dim
Attachment
a:CCAgenMe.BOy
..""
..""
X.LEGAL
B.3
cc: Planning
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-642
Agenda Memorandum for
November 7, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. HeYden~
Planning and Zoning Director
DATE: November 2, 1995
SUBJECT: Boynton Commons - File No. REZN 95-003
Rezoning from C-3 to PCD
Please place the above-referenced request on the November 7, 1995
City Commission agenda under Legal - Ordinances, First Reading.
DESCRIPTION: You will recall that this request from Land Design
South, agent for Boynton Commons Corporation, to rezone a 23.03
acre parcel from C-3 (Community Commercial) to PCD (Planned
Commercial Development) was approved by Commission on October 17,
1995. It is now reading to finalize through adoption of an
ordinance. The property is located at the southwest corner of
Congress Avenue and Old Boynton Road. The proposed use is a
Planned Commercial Development (PCD) consisting of 186,130 square
feet of gross leasable floor area within five (5) buildings with
uses that may include a restaurant, office and other retail
tenants; some with drive-through windows (exempt from conditional
use approval since specified at time of master plan) .
RECOMMENDATION: It is recommended that the attached ordinance be
approved on first reading.
TJH:dim
Attachment
a:CCAgenMe.Boy
C~f&
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-589
Agenda Memorandum for
October 17, 1995 city Commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden .1j.;J
Planning and zoning Director
DATE: October 11, 1995
SUBJECT: Boynton Commons - File No. LAAP 95-006 (landscape appeal
to omit abutting property landscape strip and landscape
material)
please place the above-referenced request on the october 17, 1995
city commission agenda under Development Plans.
DESCRIPTION: This is a request from Land Design South, agent for
Boynton Commons Corporation to appeal Chapter 7.5, Article II -
Landscape code, Section 5.E. to omit a 2 1/2 foot wide landscape
strip between the vehicle use area and the abutting property line
at the southwest corner of the site. The site is located at the
southwest corner of Old Boynton Road and Congress Avenue. The
request is submitted in connection with a rezoning and master plan
approval for the subject property.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to all staff comments (Planning
and Zoning Department Memorandum No. 95-568).
TJH:dim
Attachment
Ill. CCAqLAAP Boy
VI. PUBLIC HEARING
B
cc: Dev, Plan, Util
PLANNING AND ZONING DEP
MEMORANDUM NO. 95-:5810
Agenda Memorandum for
October 17, 1995 city commission Meeting
FROM:
Carrie Parker
city Manager
--;?S/
Tambri J. Heyden /,/~
Planning and zoning Director
TO:
DATE:
October 12, 1995
SUBJECT:
Boynton Commons - File No. REZN 95-003
Rezoning from C-3 to PCD
Please place the above-referenced request on the October 17, 1995
City Commission agenda under Public Hearing.
DESCRIPTION: This is a request from Land Design South, agent for
Boynton Commons corporation, to rezone a 23.03 acre parcel
(previously 24.74 acres as indicated in the application) be rezoned
from C-3 (Community commercial) to PCD (planned Commercial
Development) . The subject property is located at the southwest
corner of Congress Avenue and Old Boynton Road. The proposed use
is a Planned Commercial Development (PCD) consisting of 186,130
square feet of gross leasable floor area within five (5) buildings
with uses that may include a restaurant, office and other retail
tenants; some with drive-through windows (exempt from conditional
use approval since specified at time of master plan).
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to all staff comments (Public
Works Memorandum dated August 25, 1995, Engineering Division
Memorandum No. 95-314 and 95-310, Planning and Zoning Department
Memorandum No. 95-571).
With respect to the soils report and the master stormwater drainage
plan that were submitted after the completion of the second review
of the master plan, the Engineering Division has indicated that the
soils report is acceptable, however the drainage plan must be
certified by an engineer to verify that the plan meets code.
Lastly, a discrepancy between the tabular total of gross leasable
floor area and the total calculated when adding the subtotals
indicated on the building footprints was noted. Therefore, it is
recommended that this request be approved, subject to the above
staff comments and to correction of the master plan discrepancy for
a total gross floor area not to exceed 186,130 square feet.
TJH:dim
Attachment
!I:CCAqEn!'le !Ioy
--
..
PLANNING AND ZONING DEPARTMENT
MEMORJUJDUM NO. 9~-~b6
TO:
Chairman and Members
Planning and Development Board
SUBJECT:
Tambri J. Heyden
Planning and Zon1ng DJ:,;.ctor
M1chael E. Ha~vff cJ
Zon1ng and S1te d listrator
October 5, 1995
Boynton Commons - File No. REZN 9~-OOJ
Rezoning from C-J to PCD
...,
THROUGH:
FROM:
DATE:
Introduct1on
Land Desiqn South, agent for Boynton Commons corporation, is requestint]
that a 23.03 acre parcel (prev1ously 24.74 acres as indicated in the
application) be rezoned from C-3 (Community commercial) to PCD (Planned
Commercial Development). The subject pl-operty 1S located at the
southwest corner of Congress Avenue and Old Boynton Road (see EXlnb1 t
"A" - locat1on map). The proposed use of this property 1S a Planned
Commerc1al Development (PCD) consist1ng of 186,130 square feet of gross
leasable floor area. specif1cally, th1S project is planned to inclUde
five (5) buildings with uses that may 1nclude a restaurant, office and
othel" l"eta1l tenants (see Exhibit "E" rezoning applicat10n and
proposed master plan) .
...,
Pursuant to the City'S Land Development Regulations (Chapter 2, Section
9.C.2), an analysis of this request need not include applicat10n of the
criter1a within Section 9.C.7 (which in part, evaluates rezon1ngs for
compatib1lity with adjacent land uses and land use patterns, changed or
changing conditions, compat1bility with utility systems, and
availability of alternative sites similarly zoned), as the proposed
rezonJ.ng does not requ1re an amendment to the future land use map.
Alternat1vely, this analys1s will emphasis the proposed master plan and
the specif1c recommendation w1thin the Comprehensive Plan for Planned
Commerc1al D1strict zoning.
Adiacent Land Use and ZoninG
The land uses and existing zc~ing in the surrounding area var1es and is
presented in the table that follows:
DIRECTION
Nurth
USE
- Old Boynton H.tJ~l(l
ZONI NG
IlIa
...,
F::trther IlOl"th
- Boynton I,'e~tive C"ntel' (IJ.Htially built)
(;-3
Ea~L
- CUHgress AVPfltH'
n/a
Fal"t-he," east
- Oak\\!()ud Sqt1a_n~ ~)Il()fipillg Ct'llt{-~r
C-3
~uuth
- L. W. D. D. (L-2/.) C:",al
Ilia
Fartllpl' south
- Developed I'e t;j iI, COUIIHe.1T ia I awl ut i I i ty uses
[;-J, PII
We~l
- Winche~ter 1\11 k Buult'vanl
Fal"t!IPI west
- undeveloped plopprty
AC
Historv and Present Zon1no
The subject property represented a portion of the ~o acre "Mall South"
site which was annexed, reclassified and rezoned in June of 1992.
Although the County's land use classification, CH/8 (commercial H1gh),
accurately represented the lntens1ty ot adJacent land uses, the zoning,
until annexed, reflected 1ts current vacant state, 1ncluding its use tOl' ...,
the storage of livestock. OnC8 annexed, the property was reclassif1ed
to Local Retail Commercial (pu~suant to the Comprehens1ve Plan Future
Land USe Map), and zoned to C-:J, Commun1 ty Commel'C ial. The
page 2
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-0U3
Comprehensive Plan Future Land Use Element recommended (and still
recommends) that th~arcels withJ.n Planning Area 7.f (see Consistency
with comprehensive Plan), where possible, be zoned and developed as
Planned Commercial Developments (PCD). Based on this recommendation, the
previous applJ.cant/agent IKJ.lday & AssocJ.ates) stated that the sUbject
property would be rezoned to rCD once a development plan is produced.
The pl'oposed project and potential uses would be permJ.tted by tIle
eXJ.sting C-3 zoning distl'J.ct and Local Retail Commercial land use
c lass it icat ion. The proposed uses, J.n general, include a restaurant,
office and various retail businesses. The following selected build1ng
and site regulations apply to sites withJ.n the C-3 zoning dJ.strJ.ct:
MJ.nJ.mum lot frontage
MJ.nJ.mum lot area
MaxJ.mum lot coverage
(blulding)
Minimum front yard
MinJ.mum side yard
(interior lots)
MinJ.mum side yard
I conlel- lots)
MJ.n1mum rear yard
MaxJ.mum structure heJ.ght
75 feet
1~,OOO feet
4U percent
20 feet
None (see Notes a and bl
15 feet street side (see Note b)
20 feet (see Notes b and c)
4~ feet, not to exceed 4 storJ.es
a. Whel'e l'ea'r access 18 not avaJ.lable from a public street or
alley, a side yard ot not less than fifteen (15) feet shall be
prOVided on one side.
b. When abutting a res idential zone, side and/or rear yards shall
be thirty (30) feet minJ.mum.
c. Where rear yard access is available from a publiC street or
alley, rear yard may be decreased by one-half the width of
such street or alley, but in no case shall a rear yard be less
than ten (10) feet.
Off-street parking as set forth in Section 11.H hereinafter.
Proposed Zonina
AccordJ.ng to Chapter 2, Section 6.F.l of the City'S Land Development
Regulations, the purpose of the PCD zoning district "J.S to provide a
zoning classification for commel'cial developments that will bettel'
satJ.sty current demands fOl- commerc1ally zoned lands by encouraging
development which will reflect changes in the concepts and technology of
land development and relate the development of land to the specJ.fic
site, to conserve natural amenitJ.es and to allow for the mitigation of
negatJ.ve J.mpacts which result from land development".
~f~~~~BOynton Commons Planned commercial Development consists of
five (~) sJ.ngle-story buildJ.ngs which total 186,130 square feet of gross
leasable floor area (see ExJllbit "B"- Pl'oposed master plan). The total
floor area consists of a 59,OUO square foot multi-tenant building, an
87,500 square foot multJ.-tenant buildJ.ng, a 1,500 square foot
restaurant, a 5,000 square foot bank, and a 15,930 square foot pharmacy.
The multi-tenant building J.S currently proposed for retaJ.l uses. Access
to the PCD J.S pl'ovided by fOUl' (4) ingl'ess/egl'ess driveways; two
driveways onto Winchester Boulevard and two located on Congress Avenue.
All driveways allow right and left turn J.n and out of the site with the
exceptJ.on of the south drJ.veway on congress Avenue which 1S limited to
right J.n and out. There are 979 park1ng spaces proposed on the master
plan, and only nine hundred and thirty one are required for this site
based on the planned 186,130 square feet of gross leasable floOl- area.
The master plan indicates that the maximum heJ.ght of the project wJ.ll be
45 feet, which will include all architectural features as well as the
c~
--
...
Page 3
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
...,
height of the clock tower (which is central to the parking area). The
followlng is a comparison between the code-required criteria that apply
to the deslgn of planned commel'cial developments and the proposed
Boynton Commons PCD:
b.
c .
d.
e.
PCD Desian Criteria
a.
Minlmum land area. The mlnimum land area for
a planned commercial development shall be
three (3) contiguous acres.
Off-street loading. Every hospital,
lnstltution, hotel or commercial building or
simllar use requirlng the receipt or
distrlbutlon by vehlcle of materials or
merchandise shall have one (1) ott-street
loadlng bay for each twenty-five thousand
(:!5,OOO) square feet ot gl'OSS floOl' al'ea or
fraction thereof. Off-street loading areas
shall b.. des igned in such a manner as to
screen from view at ground level, parked
vehicles, a materlals handling facilities
including compactors or dumpsters. For the
purposes of this section, screenlng is defined
as a solid stucco masonry wall painted on both
sldes.
Lot coverage. . The total groillld tloor area of
all bUlldings and accessory structures shall
not exceed forty (40) percent of the plot on
WhlCh they are constructed.
Open lot areas. All open portions of any lot
shall have adequate gradlng and drainage and
sllall be continuously mallltalned ln a dust-
fl-ee condition by sui table landscaping with
trees, shrubs or planted ground cover. The
deslgn of such landscaplng and the meaSU1'es
taken to ensure its maintenance shall be
subject to the approval of the cornmunlty
appearance board.
Bovnton Commons
23.03 acre
8 reqlllred/
8 provided
...,
18.55%
37.80'f,
See landscape
plan
...,
+/- 82 Feet
+/- 38 Feet
+/- 45 Feet
10 feet
~\consistencv with Comprehensive Plan
The comprehensive Plan contains site speciflc recommendations pertaining
to, in part, annexation, setbacks, adJacent uses, and zoning. These
recommendations are contalned within the Future Land Use Support
Document, Section VIII. Land Use Problems and Opportunities which were
adopted lnto the Plan by POllCY 1.17.3. According to Sectlon VIII, the
subJect property is located within Planning Area 7.f (which consists of
the undeveloped tracts on the east and west sides of Winchester Park
Boulevard), in which "the City should encourage intensive commercial
development". In addition, other requlrements or recommendations for
Pldlllllllg Area 7.f, which apply to the subJect property, are indicated ln
Planned commercial
setbacJ;:s:
development
district
Front yard
Side yard
Rear yard
40 feet
30 feet
40 feet
f.
Peripheral greenbelt. The project area shall
be enclosed on all sides with the exception of
accessways for traffic and treight by a
landscaped greenbelt area with a minimum width
ot ten (10) feet except when such property
abuts a residential dlstrlct such greenbelt
shall have a minimum width of twenty-five (25)
feet.
:J
..."
Page 4
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
the following excerpt from Section VIII (7.f):
".. .the parcels be developed as planned zoning districts,
where possible, or meet the intent of planning zoning
district setbacks and greenbelt standards where not
possible, that the City approve any Developments of Regional
Impact (including areawide DRIs) for these parcels, and that
development not exceed the capacity of public facilities
which serve these parcels".
Although this recommendation for PCD zoning is construed to apply to
~ndividual parcels within Area 7.h, l'athel- than the en~ al'ea as a
whole, the proposed master plan would l.ot ",rcc.lude e ultimate
unification (with respect to design) with the remaining undeveloped
portion of Area 7.f (that portion west of Winchester Park Boulevard).
Given that the majority of buildings are proposed for the north and
south sides of the site, leaving the east and west ends open for access
and visibility, the two sites can be easily unified or combined to
produce a single commel-cial project which, in part, is consistent in
design and appearance, and complimentary with respect to landscaping and
traff~c or pedestrian circulation. It should be noted that this
orientation of the multi-tenant buildings ~s attributed to specific _
futun" plans the developer has for tht?- adj acent undeveloped property'1::;.
Planned Commercial DeveloDment standal'ds ~ "tA
There are three .(3) standards listed in the Planned Commercial
Development (PCD) regulations which deSC1"ibe criteria for evaluating the
appropriateness of PCD zoning. The three (3) standards are as follows:
1. Relation to major transportation facilities.
~
~ .
utility extensions, StOl'm water mitigation and roadway improve-
ments.
3. The physical character of the site.
The following is an application of the three standards to the proposed
l-ezon~ng :
standard #1 - suggests that PCD's should be located where access to
major roadways or other transportation facilities is afforded without
creating or generating an unacceptable level of traffic along streets in
residential areas or districts outside of the subject area. As
previously stated, the project is bordered on the north by Old Boynton
Road, on the west by Winchestel' Bouleval-d and on the east by Congl"eSS
Avenue. The conclusion from the applicant's traffic consultant is that
no roadway improvements are needed as a result of the proposed project.
Palm Beach County reviewed the traffic report and made a determination
that the project meets Traffic Performance standards (see Exhibit "C" -
Palm Beach county Traffic determination). The proposed PCD does meet
standal"d ;j 1.
standard #2 - requires that utility services be available to the site
and the property owner construct water and sewer service consistent with
city l'egulations. The appl~cant is proposing to provide on-site
drainage through a network of drainage structures located in grassed
areas with the outfall emptying into a retention area located in the
southwest portion of the project. The applicant is working with the
Lake Worth Drainage District (LWDD) to culvert a portion of the adjacent
L.W.D.D (L-24) Canal located in the southeast portion of the site.
Based on the information submitted, it appears that the project can meet
both the city's and regulatory agencies requirements for stormwater run-
. off, which must be demonstrated in order to comply with staff comments
VI' ~~he stormwater master Plalz1 was submitted after second review comments
1".-- wel'e completed; staff com ents al'e forthcoming). As indicated in
Standard ;/1, Palm Beach COUI ty has determ~ned that the project complies
~1;:dI1_ruf h~~~
!t ~~ ~
-
-
page. 5
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
.."",
with the ~equi~ements of the County Traffic Performance Standards, and
furthe.rmore, staff has not requested additional off-site improvements.
,
t'O
standa~d #3 - pertains to the environmental aspects of the site, and it
should be noted that the city's Environmentalist/Forester has accepted
the vegetation assessment l-epol-t submitted by the applicant. with
respect to soil characteristics, no staff comments have been generated
yet on the soils report which was also submitted after staff conducted
its second/final review of the proposed master plan. However, the soils
engineel'ing repor~. appeal-S to meet the minimum requil-ements as
established within ~e Land Development Regulations.
.1/q/l~1d.lJi J 4<0 ~ .
conclusion/RecommendatiofJ. ,--~- 1 . . . .
Staff recommends that this request (JII91Il"l.floynton Commons corporatio.1,1O for
Planned Commercial Development zoning be appl'oved subject to ~t.ftaff
comments in Exhibit "D" - Public Works Department Memol-andum dated
August 25, 1995, Engineering Division Memorandum No. 95-314 and No. 95-
310, and Panning and Zoning Depal'tment Memorandum No. 95-571. This
l-ecommendat 'on is based on the fOllO~:
1. The pr ~ehez~ng ~'s "'con&stent with the Comprehensive Plan
recommendation for Planned Commercial Development zoning as
described for Planning Area 7.f within the Future Land Use Support
Document, Se.ction VIII - Land Use Problems and Opportunities;
.."",
"
The. design of the proposed PCD is in compliance with the design
criteria established in the zoning code, subject to staff comments;
3.
The proposed mastel' plan meets the cl-itel'ia represented by the
three. standards for zoning property to PCD, subject to compliance
with relevant staff comments (see Item #2);
4.
The commercial uses allowed in a PCD district are consistent with
uses allowed in the present C-3 zoning; and
5.
The. proposed zoning, PCD, in general, is comparable to the existing
zoning, C-3 (Community Commercial).
MEH:mr
xc; Central File
.."",
M!SX,B':DM~ R!P
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E X H I BIT "B"
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CITY __' BOYNTON BEACH, FLORIDA ...
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This applica~ion mus~ be filled ou~ completely and accurately and ~
submi~~ed, ~ogether wi~h the materials listed in seation II
below, in two (2) copies to the Planning Department. Incomplete
applications will no~ be processed.
Please Print Legibly or Type All Information.
I. GENERAL INFORMATION
1. Project Name: BOYNTON COMMONS
2. Type of Application (check one)
X a. Rezoning only
b. Land Use Amendment Only
c. Land Use Amendment and Rezoning
3. Date this application is accepted-(to be filled out by
Plannin9 Department):
.,.,
4. Applicant's Name (person or business entity in whose
name this application is made):
Boynton Commons Corporation
Address:
7040 Palmetto Park Road, #302
Boca Raton, FL 33433
Phone:
( 407) 482-8310 F1IX:
(Zip Code)
(407) 487-8724
S. Agent'S Name (person, if any, representing applicant):
Robert A. Bentz/Land DesiRn South
Address:
1280 North Congress Avenue, #215
West Palm Beach, FL 33409
.
Phone:
(407) 478-8501 F}U{:
(zip Code)
(407) 478-5012
.,.,
6. Property OWner's (or Trustee's) Name:
Bill Rav Winchester and F.Vd.. A. IJinrh",,"'r. hi" 'die
Address:
PO Drauer 1240
Boynton Beach, FL 33435
IZlp Code)
FAX:
Property O\~ner's (or Trustee's) Name:
Winchester, Winchester, Zeiher & Schroeder,
a Florida General Partnership
One Lincoln Place, #301, 1900 Glades Rd, Boca Raton,
PLANNING DEPARTMENT - APRIL 1991
FL 33431
-
A: LandUse
'7
'.
(2)
7. Correspondence Address (if different than applicant or
agent) I
1280 North COnQrPAR Av~nllP '71';
West Palm Beach, FL 33409
,
*This is the address to which all agendas, letters, and
other materials will be mailed.
,
8. What is the applicant's interest in the subject parcell
(owner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
Buyer/Developer
9. Street Address or Location of SUbject Parcell The Son I hwest
corner of Old llov.nton Road and ConlZrp~~ AVpnll~
10. Legal Description of Subject Parcell
(See Survey)
,
.
"
11. Area of SUbject Parcel (to the nearest hundredth
U/100) of an acre) I 24,74 Acres ,
12.
13.
14.
15.
Current Zoning Districtl
Proposed Zoning District:
(;-3,
Planned Commercial Development
,
Current Land Use Category I
LRC (Local Retail)
LRC (Local Retail)
Proposed Land Use Category:
16. Intended Use of SUbject Parcel: Proposed retail ,dF!'VelOI',""nt
with a 7,500 s.f. restaurant,' 5.000 s.f. bank. 16.000", f. I'hA...mA~y;
and other in line retail users
17.
Developer or Builderl
Boynton Commons Corporation
10. Architeot! Marc Wiener
19. Landscape Architect: Robert A. Bentz/Land DesiRn South
20. site Planner: Land Desi~n South and More Wiener
21. civil Engineer: Joel Wantman/The Wantman Grouo
22. Traffic Engineerl Joseph Pollock/KimleY-lIorn & Assoc.
23. surveyor I Don Todd/Atlantic Caribbean MaooinR
PLANNING DEPARTMENT - APRIL 1991
A: LandU.l!e
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111.
~~TI9N FEES. Fees shall be paid at the time that the
app oation 1. submitted, aoootdlng to the fees whioh have
been adopted by ordinance ot resolution. The ilanning
Pepa~tment will inform the applioant as to the fees which
are required. All fees shall be paid by cheok, payable to
the city of Boynton Beaoh.
....,
IV. CERTIFICATION
It I (We) understand that this application and all plans and
papers submitted herewith become . part of the permanent
records ot the Planning and zoning Board. (I) (We) hereby
oertify that the above statements and any statements or
showings 1n any papers or plans submitted herewith are true
to the best of (my) (our) knowledge and belief. This
application will not be aooepted unle.. signed aocording to
tho instructions below.
x .,t:t., ~ t' A.v/,-kt'h ('5k.r
)< ~tl-4~'''' a~
signature of OWner(sl or Trustee,
or Authori..d Principal if property
is owned by a oorporation or other
~u.1nes. entity.
1~/? ~-
~ate
.
V.
AUTHORIZATION OF AGENt
~
Robert A. Bentz/Land D~sign South
Signature of ~uthoriled Agent
8/30/95
'Date
j
x
above signed person .s (my)
d to this application.
f
'x
S gn e 0 OWner I or Trustee,
or AuthoriEed Principal if property
is owned by a corpor.tion or other
busine.. entity.
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P~~ING DEPARTMENT - APRIL 1991
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Board of County Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T, Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
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County Administrator
Robert Weisman
PLANNING AND
ZONING DEPT.
partment of Engineering
and Public Works
September 1, 1995
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: BOYNTON COMMONS
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the revised traffic impact
study for the project entitled Bovnton Commons, pursuant to the Traffic
Performance Standards in Article 7.9 of the Palm Beach County Land Development
Code. The proposed project' wi 11 cons ist of 181,130 square feet of general retail
and a 5,000 square foot drive-in bank. You will note that the size of the retail
has been reduced from the 250,000 square feet addressed in the traffic impact
study that you sent to this office. The proposed project will generate 6,684
daily trips. The build-out is 1996.
The Traffic Division has determined that the project meets the requirements of
the Traffic Performance Standards of Palm Beach County. If you have any
questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~fi~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc. William Hukill, P.E., Director
Boynton Beach Department of Development
Joe Pollock, Kimley Horn
File: TPS - Mun. - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn51
"An Equal Opportunity - Affirmative Action Employer"
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Box 21229 West Palm Beach, Florid.133416.1229 (407) 684-4000
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PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Tambri Heyden, Planning and Zoning Director
FROM: Robert Eichorst, Public works Director
DATE: August 25, 1995
SUBJECT: site Plan - Boynton Commons - 2nd Review
Dumpster location must be readdressed however concerns are minimal.
If you have any questions please give me a call at 375-6201.
E chorst
Works Director
xc: Central File.
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NlG 2 2 1995 ~
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-314
PLANNING AND
ZONING DEPT.
TO:
Tambri J. Heyden
Planning & Zoning Director
~/,~AfAm ~ukill, P.E.
{,{{IlffEngl.neer
FROM:
DATE:
August 22, 1995
RE:
BOYNTON COMMONS - 2ND MASTER PLAN REVIEW
We have completed our second review of subject master plan and
have the following comments:
From August 17 comments, the following are satisfied; G,U,V
From August 17 comments, the following may be addressed in
site plan and/or platting reviews; A,B,C,D,F,K,L,M,N,O,P,R,
S,T,W,X
From August 17 comments, the following must be resolved as
condition of master plan approval; E,H,I,J,Q
In addition, a soils investigation report must be submitted as
part of this master plan review.
Note: The applicant has agreed to supply curbs or curb stops at
all parking stalls.
WVH:ck
C;BCOMMONS,MI'2
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-310
TO:
Tambri J. Heyden
Planning & Zoning Director
I~!~am ~ukill, P.E.
Ir'~- EngJ.neer
roJrn@rn~wrnrnl
UlJ AUG I 8 /995 !EJ
FROM:
PLANNING AJiD \C....
ZONING DFPT ~7
DATE:
August 17, 1995
RE:
BOYNTON CONNORS - MASTER PLAN COMME~S
We have completed our first review of subject master plan and have
the following comments:
A. Revise documents to reflect all comments.
B. Provide proof of unity of title.
C. Provide release from LWDD accepting pavement, etc. over
easement.
D. County road. entrance sign requires PBC approval & State
road entrance sign requires FDOT approval.
E. The master plan is subject to the provisions of Chapter
2 of the LDR Sec.9C, pg.2-S0.
F. Provide Traffic Impact Analysis. Chap.2, Sec. 9C4h(5),
pg.2-S5 and Chap.3, Sec.3S, pg.3-5
G. Specify the name, address, telephone number of the
applicant's agent. Chap.3, Art.IV, Sec.3D, pg.3-4
H. Provide a statement that all utilities are available and
will be provided by appropriate agencies. Chap. 3,
Art.IV, Sec.3P, pg.3-5
I. Show the locations of all temporary structures or
permanent structures having a temporary use. Provide a
statement outlining the temporary use and when they will
be removed. Chap.3, Art.IV, Sec.3R, pg.3-5
J. Provide a master stormwater management plan. Chap. 3,
Art. IV, Sec.3T, pg.3-6
K. Site plan review and approval required. Chap.4, Sec.2,
pg.4-1
L. County permits required for construction in Congress
R.O.W. Chap.6, Art.VII, Sec.4B, pg.6-24 and Chap.23,
Art.II, Sec.H6, pg.23-9
M. Provide Certification by Developer'S Engineer that
drainage plan complies with all City codes and standards.
Chap.6, Art.IV, Sec.5A, pg.6-7 and Chap.23, Art.IIF,
pg.23-S
N. Inlets must be in grassy areas unless otherwise approved.
Chap.6, Art.IV, Sec.5B, pg.6-8 and Chap.23, Art.IIF,
pg.23-8
O. Locate all drainage easements. Chap.6, Art.IV, Sec.6B,
pg. 6-9
P. Excavation and/or fill permits will be required. Chap.S,
Art.I, Sec.2, pg.8-1
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Engineering Division Memo No. 95-310
Re: Boynton Commons - Master Plan Comments
August 17, 1995
Page #2
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C:BC'OMMONS.MPR
Provide dumpster location & details, including drainage.
Chap.7.5, Art.II, Sec.5J, pg.7.5-1B and Chap.9, Sec.10C3,
pg.9-4
Photometrics must be approved for both pedestrian and
parking lot lighting before building permit can be
issued. Chap.23, Art.II, Ala, pg.23-6
Parking lot dimensions, striping, aisles, stalls, radii,
signs, landscaping, etc. must conform with City codes and
standards. Chap.23, Art.II, pg.23-6
Concrete curb must conform to City standards. Chap.23,
Art.IIE, pg.23-7
Major driveway must have 100' clear to 1st access aisle
unless variance previously granted. Chap.23, Art.IIH5,
pg.23-9
Number of driyeways may not exceed two on each street.
Chap.23, Art.II, Sec.H7, pg.23-9
Parking stall minimum 18' long. Chap.23, Art.U,Il,
pg.23-9
Provide fire lanes along front of all buildings.
Chap.23, Art.II, Sec.M, pg.23-9 & 23-10
....,
,
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/7
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-571
TO: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael E. Haag
S1te and Zoning Development Administrator
DATE: October 4, 1995
SUBJECT: Boynton Commons - REZN 95-003
3rd Review Comments for Master Plan Approval to construct
a 186,130 square foot reta1l complex on 23.03 acres of
land in connect10n with a rezoning from C-3 to Planned
Commercial Development (PCD).
1. On the master plan identify the minimum required landscape
spec1fications for the follow1ng; landscape specifications
1-egarding grade ot material, installation requirements and
hT1gat10n specif1cations. Also identify the location,
specie and method of installation of lawn grass. Also
identify specie, spacing or count and size of all landscape
material (note; the size of the landscape material shall be
consistent with the ffi1nimum size requirements identified 1n
the landscape code and at least SOt of the total number of
trees and hedges provided shall be identified as a native
specie) .
2. Enhance the open space landscaping. The landscaping shown on
the plan for the most part depicts required vehicle use area
screening with the exception of the trees proposed for the
entrances on Congress Avenue and Winchester Park Boulevard and
some additional trees located in landscape islands in the
parking area. It is recommended that the following additional
landscaping be installed in the greenbelt:
i. Maintain the required 40 foot on center spacing of the
perimeter greenbelt trees along the existing rights-of-
way. However, change the layout from one tree 40 foot on
center to a grouping of three or four trees that have a
medium or small classification as listed in the FPL
brochure titled "Plant The Right Tree In The Right
Place". The group1ng of trees will create a natul'al
appearance.
ii. Add to the perimeter greenbelt berms apprOXimately 24 to
30 inches above the adJacent sidewalk located in the
r1ght-of-way. The berm does not have to be continuous,
however, it will give some character to the streetscape.
iii. Instead of installing the continuous hedge in a straight
line meander the hedge within the 10 foot to 15 foot wide
greenbelt.
iv. speCify on the plan that sod or mulch will be installed
over all al'eas not planted W1 th ground cover, trees
and/or shrubs.
3. Sp8cify on the mastel' plan tIle final detel-minat10n of the
landscape code appeal file number LAAP 95-006.
4. specify on the master plan the dimension between the west side
of "Major #6" and the west property line.
5. Provide a copy of the City appl-o'led unif1ed control documents.
6. Dimension the w1dth of the south two-way driveway located on
WinChester Boulevard (note; minimum width for two-way traffic
.1S 20 feet).
c/o
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Page 2
Memorandum No. 95-571
3rd Review Comments
Boynton Commons
REZN 95-003
7. Submission of a rectified master plan will be requlred to be
submitted to the Plannlng and Zoning Department in triplicate
prior to platting and site plan approval of the project.
COlldlunli:i (;lHl
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PLANNING AND ZONING DEPARTMENT
I1EMORANDUM NO. 9~-Sb2
TO: Carrie Parker, City Manager
Clyde "Skip" Milor, Utrlitres Dept. Chiet Freld Insp.
Robert Eichorst, Public Works Drrector
John Wildner, Parks Superrntendent
Bill cavanaugh, Fire preventron Officer
Sgt. Marlon Harris, Police Department
Al Newbold, Building Division
William Hukill, Director of Department of Development
Kevin Hallahan, Forester/Envrronmentalist
.:t:>("-w
FROM: Tambri J. Heyden, Planning & Zoning Director
DATE: October 3, 1995
RE: SITE PLAN REVIEW PROCEDURES
1st Review - New Site Plan Review
Project
- Boynton Commons Corporation
Location
- Southwest coroner of old Boynton Road and
Congress Avenue
Agent
- Robert A. Bentz
Land Desrgn South
FEe No.
- NWSP 95-009
Find attached for your review the plans and exhibits for the
above-referenced project. Site Plan Review approval for this
project will be granted by the City Commrssion. To ensure that
the project stays on line with the review time frame, I request
that the plans and exhrbits be reviewed and formal written
comments transmitted to the Director of the Planning and Zoning
Department no later than 5:00 P.M. on October 16. 1995. Do not
return plans and exhibits. Retain same for the review of the
amended plans (second review).
Adhering to the folloWing review guidelines will promote a
comprehensrve review and enable the applrcant to efficiently
obtarn Technical Review Commrttee approval:
.
1. Use the review standards specified in Part III, Land
Development Regulations, Chapter 4, Site Plan Review,
Section 8 of the Code of Ordinances to review and formulate
comments.
2. The documents submitted for the project were determined to
be substantially complete based on the submittal
requrrements identified in Section 7 of the Site Plan Review
Ordinance. However, if the data provided to meet the
submittal requirements is insufficient to properly evaluate
and process the project based on the review standards or the
documents show code deficiencies, additional data and/or
corrections should be requested by the reviewer through the
Planning and Zoning Department.
3. Each comment shall reference the section of the code that is
incorrectly depicted on the documents.
4. Technical Review Committee member(s) shal1 identify in their
comments when the plans depict or when the location and
installation of their departmental required improvements may
conflict with other departmental improvements.
page 2 of 2
Boynton Commons CorporatIon
To: TRC Members
Re: Planning & Zoning Memo 95-562
5. When a TRC Member finds a code defIciency that is outsIde of
hIs/her review responsibility, the comment and the specIfic
code section may be Included in their revIew comments with the
name of the approprIate TRC Member that is responSIble for the
review specified.
6. If a TRC member finds the plans acceptable, he/she shall
forward a memo, within the time frame stated above, to the
Planning and Zoning Director stating that the plans are
approved and they do not have any comments on the plans
submItted for review and recommend the proJect be forwarded
through the approval process.
All comments shall be typed, addressed and transmitted to the
Director of the Planning and Zoning Department for distribution to
the applicant. please include the name and phone number of the
revIewer on thIS memo. MIchael E. Haag will be the PlannIng and
Zoning Department staff member coordInatIng the 1st review ot the
pl'oJect.
The Planning and Zoning Department WIll send the applicant a cover
letter WhICh includes the comment(s) and directions to amend the
plans to comply with the comments and the procedures for
resubmission. When the Planning and Zoning Department receives the
amended plans, they will distribute the plans WIth a cover memo to
all TRC Members for review and approval.
TJH:dim
Attachment
xc: (Memo Only)
Floyd Jordan, Fire chief
charlie Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, Utilities Director
Centl'al File
.
Ail&tREV.CQ~/TRC
~1888
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LAKE WORTH DRAINAGE DISTRICT
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Board of SupervlsOlS
C. Stanley WeavfK
KemlltDell
John I. Whitworth III
Sec18tarylManager
William G. Winters
Assistant Manager
Richard S. Wheelihan
Attom6y
Perry & Schone, P.A.
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26.
13081 MILITARY TRAIL
DELRAY BEACH, FLORIOA 33484
September 15, 1995
Ms. Suzanne M. Kruse, CMC/ AAE
City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: "BOYNTON COMMONS" - REZONING
Dear Ms, Kruse:
We thank you for the opportunity to comment on the referenced rezoning. We
have no objections.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
w~ -1~--
Richard S. Wheelihan
Ass't. Manager
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Defray Beach & Boca Raton 498-5363 . BoynlDn Beach & West Palm Beach 737-3835 . FAX (407) 495-9694
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-331;
PLANNING AND
ZONING DEPT.I'1!'~
FROM:
f~J/~mA. Parker, City Manager
~ Hukill, P.E., City Engineer
TO:
DATE:
August 31, 1995
RE:
BOYNTON COMMONS - BUFFER OBSERVATION
The Schroeder August 30 letter is not only eloquent, it is
reminiscent of the Bard of Avon himself who four hundred years or
so ago authorized an entire play describing a great fuss over
trivia which we now refer to as MUCH ADO ABOUT NOTHING.
Mr. Schroeder does not seem to agree with the Planning and zoning
Department interpretation of LDR Chapter 2, Section 6, paragraph
7f, page 2-56 which reads as follows:
f. Peripheral greenbelt. The project area shall be
enclosed on all sides with the exception of
accessways for traffic and freight by a landscaped
greenbelt area with a minimum width of ten (10)
feet except when such property abuts a residential
district such greenbelt shall have a minimum width
of twenty-five (25) feet.
His stated reasons for waiving this requirement are these:
1. The Developer is not acquiring the property that lies
south of the southernmost ingress/egress point on Winchester Park
Boulevard. Our comment: That is his choice, not the City's.
Early drawings in fact did include that land. Whether or not he
acquires that land is clearly his option, but has no bearing on the
approvals he is seeking.
2. Since the Developer is not acquiring the property lying
south of the ingress/egress point in question, the only way that
the staff comment can be complied with is to relocate the
ingress/egress point to the north. If this is done, it would also
necessitate a relocation of the median cut in Winchester Park
Boulevard. Our comment: This is identical to his comment Number
1, embellished with a median comment. Our response is therefore
the same as in Number 1, embellished by reminding you that he
located the driveways, not the city.
3. The agreement between the Developer and the Seller
prohibits the Developer from taking any action which would deny
direct access from the now existing ingress/egress point, along
Winchester Park Boulevard, to the property lying to the south of
that point, which is not included within the project. Our comment:
Deyelopment Dept./Engineering Div. Memo No. 95-331
Re: Boynton Commons - Buffer Observation
August 31, 1995
Page #2
A slight modification of his comment Number l which seems to claim
that an agreement he has entered into totally without City
participation somehow obligated us to certain action (s). His
client apparently signed the agreement, not the City, and in fact
it has not been offered to us for review. That is certainly
proper, because we do not have an obligation to any condition of an
agreement which we did not prepare, are not a party to, did not
sign and have not even seen.
4. In view of the fact that the Developer does not own and
is not acquiring the property lying to the south of the
ingress/egress point in question and that the proposed plan
reflects the location of landscaping "... on all sides with the
exception of access ways for traffic ..." in the area in question,
I believe the Plan complies with the applicable regulation. Our
comment: This is another reiteration of comment Number 1,
embellished with his interpretation of LDR Chapter 2, Section 6,
paragraph 7f. Our response is therefore the same as Number 1,
embellished by reminding you that every sentence in the LDR
probably has more than one interpretation; and the simple purchase
of an additional 10 feet of land south of the access road would
provide greenbelt compliance.
Summary: The applicant does not like Mr. Haag's determination of
non-compliance with the 10'greenbelt requirements of the LDR. His
reasons all center around his client's unilateral decision to limit
his purchase.
Conclusion: Mr. Haag has reasonably and correctly interpreted the
LDR in this matter.
Recommendation: Since there is no route of appeal through the
Development Department or, for that matter, the City Manager's
Office, I recommend that the applicant follow the procedure
outlined in the LDR for pursuing appeals and variances. It is
delineated in Chapter 2, Article 10, pages 2-93 thru 2-98,
attached.
WVH:ck
attachment
xc: James Cherof, City Attorney
Mike Haag, Zoning/Site Administrator
C:B("OMMONS.BFR
MEMORANDUM
Utilities # 95-271
TO: Tambri 1. Heyden,
Planning & Zoning Director
FROM: John A. Guidry,
Director of Utilities
Date: August 24, 1995
SUBJECT: Boynton Commons,
Master Plan Second Review
Staff has reviewed the above referenced project and offer the following comments:
1. The Utilities Department has no additional comments at this time.
It is our recommendation that the plan proceed through the review process.
If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or
Peter Mazzella at 375-6404.
sm
xc: Clyde "Skip" Milor
Peter Mazzella 11---
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PUBLIC WORKS DEPARTMENT
MEMORANDUM #95-152
TO:
Tambri J. Heyden, Planning & Zoning Director
FROM:
Robert Eichorst, Public Works Director
SUBJ:
Site Plan - Boynton Commons
DATE:
August 23,1995
wO] ~. @~Lut~ ~i1
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! PUIl.i;-,qriG NW - ?
: ZGf,;ii:G D:::PT. 1
, =-''''---~'-''''''-''''_o<-_,.,~.~.~j
Adjustments must be made at various dumpster locations as previously discussed in reference to
the above site.
o ert Eichorst
ublic Works Director
RE/cr
(D~ ~ @ ~ ~ w ~,fmi
,Uu !",':j 2 21995 ~
DEVELOPMENT DEPARTMENT PLANNING AND
ENGINEERING DIVISION MEMORANDUM NO. 95-314 ZONINGDEPT.
TO:
Tambri J. Heyden
Planning & Zoning Director
~/JJAf~m Hukill, P.E.
~~gineer
FROM:
DATE:
August 22, 1995
RE:
BOYNTON COMMONS - 2ND MASTER PLAN REVIEW
We have completed our second review of subject master plan and
have the following comments:
From August 17 comments, the following are satisfied; G,U,V
From August 17 comments, the following may be addressed in
site plan and/or platting reviews; A,B,C,D,F,K,L,M,N,O,P,R,
S,T,W,X
From August 17 comments, the following must be resolved as
condition of master plan approval; E,H,I,J,Q
In addition, a soils investigation report must be submitted as
part of this master plan review.
Note: The applicant has agreed to supply curbs or curb stops at
all parking stalls.
WVH:ck
C:BCOMMONS.MP2
DATE:
Tambri Heyden, Planning & Zoning Director
John Wi_, .""" ,_",,,,,,art r
August 22, 1995
~L~NN\NG IINO
IONING OEP!.
-
TO:
FROM:
TO:
Tambri Heyden, Planning & Zoning Director
John Wild=. ''"'' Suporint""'~tr
August 22, 1995
RECREATION & PARKS MEMORANDUM NO. 95-382
~ ~ @ ~ U I(lJ ~ID.
n , il \
fi,UG2319951 '
PLANNING AND
ZONING DEPT.
FROM:
DATE:
SUBJECT:
Boynton Commons
The Recreation & Park Department has reviewed the master plan for Boynton Commons. There are
no outstanding recreation related issues. We recommend this project continue through the normal
review process.
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-331,
PLANNING AND
ZONING DEPI -l'1"l1-l-:
TO:
f~jj~mA. Parker, City Manager
~ Hukill, P.E., City Engineer
FROM:
DATE:
August 31, 1995
")
tA fU -- J~<
t"\.\ A-
BUFFER OBSERV~ D~' l)cn- '1 ~
~-------
-----
RE:
BOYNTON COMMONS
---"---
The Schroeder August 30 --letter is not only eloquent, it is
reminiscent of the Bard of Avon himself who four hundred years or
so ago authorized an entire play describing a great fuss over
trivia which we now refer to as MUCH ADO ABOUT NOTHING.
Mr. Schroeder does not seem to agree with the Planning and Zoning
Department interpretation of LDR Chapter 2, Section 6, paragraph
7f, page 2-56 which reads as follows:
f. peripheral greenbelt. The project area shall be
enclosed on all sides with the exception of
accessways for traffic and freight by a landscaped
greenbelt area with a minimum width of ten (10)
feet except when such property abuts a residential
district such greenbelt shall have a minimum width
of twenty-five (25) feet.
His stated reasons for waiving this requirement are these:
1. The Developer is not acquiring the property that lies
south of the southernmost ingress/egress point on Winchester Park
Boulevard. ~ comment: That is his choice, not the City's.
Early drawings in fact did include that land. Whether or not he
acquires that land is clearly his option, but has no bearing on the
approvals he is seeking.
2. Since the Developer is not acquiring the property lying
south of the ingress/egress point in question, the only way that
the staff comment can be complied with is to relocate the
ingress/egress point to the north. If this is done, it would also
necessitate a relocation of the median cut in Winchester Park
Boulevard. Our comment: This is identical to his comment Number
1, embellished with a median comment. Our response is therefore
the same as in Number 1, embellished by reminding you that he
located the driveways, not the City.
3. The agreement between the Developer and the Seller
prohibits the Developer from taking any action which would deny
direct access from the now existing ingress/egress point, along
Winchester Park Boulevard, to the property lying to the south of
that point, which is not included within the project. Our comment:
Development Dept./Engineering Div. Memo No. 95-331
Re: Boynton Commons - Buffer Observation
August 31, 1995
Page *2
A slight modification of his comment Number 1 which seems to claim
that an agreement he has entered into totally without City
participation somehow obligated us to certain action (5). His
client apparently signed the agreement, not the City, and in fact
it has not been offered to us for review. That is certainly
proper, because we do not have an obligation to any condition of an
agreement which we did not prepare, are not a party to, did not
sign and have not even seen.
4. In view of the fact that the Developer does not own and
is not acquiring the property lying to the south of the
ingress/egress point in question and that the proposed plan
reflects the location of landscaping "... on all sides with the
exception of access ways for traffic ..." in the area in question,
1 believe the Plan complies with the applicable regulation. Our
comment: This is another reiteration of comment Number 1,
embellished with his interpretation of LDR Chapter 2, Section 6,
paragraph 7f. Our response is therefore the same as Number 1,
embellished by reminding you that every sentence in the LDR
probably has more than one interpretation; and the simple purchase
of an additional 10 feet of land south of the access road would
provide greenbelt compliance.
Summary: The applicant does not like Mr. Haag's determination of
non-compliance with the 10'greenbelt requirements of the LDR. His
reasons all center around his client's unilateral decision to limit
his purchase.
Conclusion: Mr. Haag has reasonably and correctly interpreted the
LDR in this matter.
Recommendation: Since there is no route of appeal through the
Development Department or, for that matter, the City Manager's
Office, I recommend that the applicant follow the procedure
outlined in the LDR for pursuing appeals and variances. It is
delineated in Chapter 2, Article 10, pages 2-93 thru 2-98,
attached.
WVH:ck
attachment
xc: James Cherof, City Attorney
Mike Haag, zoning/Site Administrator
C:BCOMMONS.BFR
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-473
I.. .' 1\ 1\,,:
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1\
TO:
Tambri J. Heyden
Planning and Zoning Director
FROM:
Michael E. Haag
Site and Zoning Development Administrator
DATE:
August 28, 1995
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SUBJECT: Boynton Commons - REZN 95-003
2nd Review Comments for Master Plan Approval to construct
a 186,130 square foot retail complex on 23.03 acres of
land 1n connection with a rezoning from C-3 to Planned
Commercial Development (PCD).
. ~I'
'1.''>
Please be advised of the following comments relative to the reV1ew
of the Master Plan for the above-referenced project:
. ASTER PLAN COMMENTS:
f:"'tJ,JJ'V7 1. The final determination from Palm Beach County Traffic
, - .~, ,~~:,' D,vl",n ,.goeding Cb. p"j." "..Ung 'h. ceo"ie p."""""
<1c" XV 1).fI ~ )'J'standards shall be on file with the city and l'eviewed by city
. Y-,!,,1'~(.J>'\,\; staff prior to September 1,1995.
r o/i"J "~I'
(At/.. ~\l CA I 2. O'?Show on the master plan the location, size and type of all
I\" _' -:--i. M" existing easements located on the property. Indicate on the
~ F~~" plan what your intentions are regarding retain1ng or omitting
/. fJ~''''' the easements. [Land Development Regulations, Chapter 2 -
Zoning, Section 6. F. 8. a. (2) (c) and Chapter 3 - Mastel-
plan, Article IV, Sect10n 3.H.I. and L.]
~~9~~V~ "\~3. Label and show on the master plan the 10 foot wide per1meter
~\"' (l!:-tll,S"') peripheral greenbelt requil-ed south of the south ingress/
~~i;~ l.~ \.~. egress located on W1.nchester Park Boulevard. [Land
'vYrJ -".>\yJ' ,ll J v >~ Development Regulations, Chapter 2 - Zoning, Section 6. F. 7.
'f) ..\,,~ (/:, tP 1'/ t. and F. 8. a. (2) ( d) ]
~V' ,~ e'+ ",' >T
.r i~ 4. On the master plan identify the code required width and length
~ for regular and handicapped pal-king spaces. Indicate that the
_ dimensions are typical through-out the drawing. Also ident1.fy
j...'1"'" as typical the following parking lot control dimensions:
r-1' ~j.'.j ;>;.) j1l~ I~}
Of""U- ~(I~ ..vJM ,J!. 1.. Width of each ingress/egress.
u,'> 1\l<:. \1>>' pF-1V~.rIF ii. Width of two-way access aisles.
f AltrorJ ~,rt-(\l,/J~( iii. Width of one-way access aisles.
l~ ~~ iv. Width of fire lanes.
~~~~ [City Standard Drawing B-90012 & B-90013]
oil- 5.
P>>
LI'~
Indicate on the master plan that the total bUilding area
identif1.ed on the plan is gross leasable tloor area. If the
area identified is not gross leasable area provide
documentation identifying the gross leasable floor al'ea
including floor plans. [Land Development Regulations, Chapter
2 - Zoning, Section 11. H. 16. d. (2), (3) and City adopted
handicapped code]
01'- 6.
ft> ll/vO
To properly identify the required setbacks indicate on the
master plan whether the east, west or north side of the
proj ect is the front of the property. [Land Development
Regulations, Chapter 2 - Zoning, Section 6. F. 7. e.]
NO f, Enhance the open space landscaping. The landscaping shown on
/. . r the plan is for the most part required vehicle use area
{A>f""',p screening with the exception of the trees proposed for the
.............r<I entrances on congress Avenue and Winchester Park Boulevard and
try- ,,)f
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some trees in the landsda~..J.s.l.andslocateQin
nrea./' It ~s 'recommended that the following
landscape material be installed in the greenbelt:
Page 2
Memorandum No. 95-473
2nd Review Comments
Boynton Commons
REZN 95-003
\'\
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the parking
additional
i. Maintain the 40 foot on center spacing of the perimeter
~ greenbelt trees along the existing rights-of-way.
~_\ieY~, change the layout from one tree 40 foot on
c.:jf.AJVIJ 'u V center to~ three or four trees that have a small
tA-J classif~cation as listed in the FPL - Plant The Right
Tree In The Right Place document. The grouping of trees
will create a natural appearance. According to the
survey there is an existing utility .easement along
Congress Avenue that may prohibit the planting of certa1n
species ot trees in this area.
ii. Add to the perimeter green belt berms approximately 24 to
30 inches above the adj acent sidewalk located 1n the
right-of-way. The berm does not have to be continuous,
however/give some character to the streetscape.
:ri IjJ' {)...
iii. Instead of installing the hedge 1n a straight line
meander the hedge w1thin the 10 toot to 15 foot wide
greenbelt.
(
I
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)
iv. Specify on the plan that sod or mulch will be installed
over all areas not planted with ground cover, trees
and/or shrubs.
_._-_._-~.-
---
-'~opcn~-celandscaping shall be shown on the master plan
and will be reviewed by the Planning and Development Board and
City Commission. [Land Development Regulations, Chapter 2 -
Zoning, Section 6. F. 7. d.]
8. Show, label and dimension on the master plan the location and
.-
1.n screening for the e1ght required loading zones. Please refer
I ~<- to Section J. of Chapter 2 Zoning of the City's Land
L'v~ Development Regulations regarding min1mum size of a loading
A~.A zone. Also refer to Section 10. C. of Chapter 9 - Community
~ ~.~~eSlgn Plan and Section 6. F. 7. b. of Chapter 2 - Zoning of
yo" i)) the C1 ty' s Land Development Regulations regarding other
specifications for loading zones. (City's Land Development
Regulations, Sect10n 6. F. 7. b. of Chapter 2 - Zoning]
oIl-
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9.
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Add a general note that all buildings are one story and do not
have mezzanines. If the buildings have mezzanines and are
multi-story indicate same on the plans and modify the number
of parking spaces shown and parking data accordingly.
Add a general note to the master plan indicating that the
architectural design, material(s) and colors of each building
shall match. Also add a general note indicating that the
design of the site, building and all signage shall comply with
the Community Design Plan.
Add a general note to the master pIan indicating that all
proposed uses shall be consistent with the requirements listed
1n the City'S Land Development Regulat1ons.
Add a note to the master plan indicating that the project is
subject to platting and site plan review prior to permitting.
Provide data showing compliance with Land Development
Regulation, Chapter 3 - Master Plan, Article IV, Section 3. M.
regarding subsurface soil conditions and groundwater depth.
Also, add a note to the master plan regarding subsurface soil
conditions and groundwater depth as described 1n the
\il:\ I'.
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11 ,
Page 3
Memorandum No. 95-473
2nd Review Comments
Boynton Commons
REZN 95-003
of' 14.
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aforementioned code section. compliance with this comment is
required prior to forwarding the request, however, the City
Engineer may take the lead on compliance of this comment.
Add a statement to the master plan that all utilities are
available and will be provided by the appropriate agenCIes.
Compliance with this comment is required prior to forwarding
the request, however, the City Engineer and Utilities
Department may take the lead on compliance of this comment.
[Land Development Regulations, Chapter 3 Master Plan,
Article IV, Section 3. P.]
On the drawing titled "Section of Typical PCD Greenbelt",
identify the location of the property line, public right-of-
way and easements (where applicable). On the master plan
identify the locatIon of the section drawing.
Submit legal documents assuring unified control of the
proposed PCD. The documents are subject to review by the
city's legal staff and are required prior to the request
moving forward. [Land Development Regulations, Chapter 2 -
Zoning, Section 6. F. 3. and 8. a. (1)]
17. Find attached Exhibit "A", a punch list of items unresolved,
regarding the rezoning applIcation.
/'" '.
,,__,18)'
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('<vrN .
,.v I
GiI'V'v ! 19. The number of interior parking spaces used to determine
_~. -j 12",'" L~ interior green space and required trees ~ not correct. Amend
~, the plans accordingly. ,JUl. ",ft.' ,vv", M,...; 1T'-c(;\:zt<'~"-'''''''('t... ~p,..a:;;
Submission of a rectified master plan will be required to be
submitted to the Planning and Zoning Department in triplicate
prior to platting and site plan reVIew of the project.
~'f
20. Show on the master plan the correct west and east bound lane
{l configuration of Congress Avenue at the proposed entrance to
,:i>
(".J: the pro j ec t .
OIL. 21.
Wcov
S~~"~'/
The survey indicates Parcel 5 is part of project, however the
master plan does not include Parcel 5. Correct the survey
and/or master plan accordingly.
In conclusion, the applicant has agreed to modify the plans to show
compliance with the comments made by staff relative to master plan
approval. The applicant brought the amended (2nd submittal) plans
to the August 22, 1995 TRC meeting. The outstanding comments from
the review of the 2nd submittal plans will be hand corrected on two
sets of control plans prior to the deadline date of legal notific-
ation for the rezoning, which is September 1, 1995. The rezoning
request is planned for a Planning and Development Board meeting of
October 10, 1995 and the City Commission on October 17, 1995.
MEH:dim
Attachments
xc: Central File
a:2ColrIlBoy.Colll
~
&y!//(311 //If 11_
fJ1ie City of
.....-
$oynton $eacli
100 $. 'Boynton '1Jtadt '1JoukrNlTri
P.O. 'Bo:t310
'Boynton'Beo&, ~ 33425.0310
City:JfJJfl: (407) 375-ti(J()()
1'JU: (407) 375-6090
August 16, 1995
Hs. Jennifer L. Horton, Project Hgr.
Land Design South
1280 North Congress Avenue, #215
West Palm Beach. Florida 33409
RE: Boynton Co~ons - REZN 95-003
Comments on Application for Rezoning
Dear Hs. Horton:
A completeness review of your rezoning application was conducted which identified
minor deficiencies (separate from the master plan) within the application which are
to be corrected by September 1, 1995. Each comment i8 de8cribed below, numbered
according to the corresponding application item number, and includes the recommended
action to address the deficiency. '1'iI!' r.rC~ ,'V '- 'f>
"i~'r;, ...,.,,11"'-
The survey includes parcels(!;)and #~as part of the site; however. the
respective deeds do not confirm similar ownership. If this is our
oversight, this information can be clarified verbally (this issue has
been communicated and is currently being researched by the surveyor);
II.d.
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The survey shows as "NOT INCLUDED" an area occupying the southwest
corner of the site, which contradicts the inclusion of this property on
the "conceptual master plan". Assuming that this portion is intended as
part of the master pIan. the survey should be revised accordinglYi
The application material excludes the Palm Beach County Property
Appraiser's/tax maps with the subject property encircled by the 400'
marking. Please provide this office with two (2) copies of this map(s)
which assists with verification of property owners by the City Clerk;
The application has only been Signed by one of the owners, Hr.
Winchester. As indicated under Section II.c.l, written consent must be
provided by all owners when the property is controlled by joint or
several owners. I would recommend that you submit either a revised
signature page, or a letter endorsing the application signed by all
owners of record; and
Pursuant to master plan submittal requirements. Land Development
Regulations, Chapter 2, Section 6(F)(8), applications for Planned
Commercial Districts must include a market study indicating the market
area and demand for the facilitie8 prop08ed (see attachment8 within
cover Hemorandum #95-445).
JitmeriuJ's (jauW4y w eIU {julfseream
c
I I
dge 2
1/95-003
If you have any questions regarding these comments please contact me at 375-6260.
Very truly yours,
p~ -?t rr-
Michael W. Rumpf,
Senior Planner
DILLI:BCOHCOHH.LI'
TO:
FROM:
DATE:
RE:
..,-
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-310
00 ~~~BO~~@
Tambri J. Heyden
Planning & Zoning Director
I~J~am ~ukill, P.E.
~ Eng~neer
PLANNING A.tiD \ C
ZONING DfP, ~?
August 17, 1995
BOYNTON COMMONS - MASTER PLAN COMMENTS
We have completed our first review of subject master plan and have
the following comments:
A.
B.
C.
D.
r ~@
F.
G.
~_")LJ.v.. -@
7 -@)
'(/~j0{' -0
K.
L.
M.
N.
o.
P.
Revise documents to reflect all comments.
Provide proof of unity of title.
Provide release from LWDD accepting pavement, etc. over
easement.
County road entrance sign requires PBC approval & State
road entrance sign requires FDOT approval.
The master plan is subject to the provisions of Chapter
2 of the LDR Sec.9C, pg.2-80.
Provide Traffic Impact Analysis. Chap.2, Sec. 9C4h(5),
pg.2-S5 and Chap.3, Sec.3S, pg.3-5
Specify the name, address, telephone number of the
applicant's agent. Chap.3, Art.IV, Sec.3D, pg.3-4
Provide a statement that all utilities are available and
will be provided by appropriate agencies. Chap. 3,
Art.IV, Sec.3P, pg.3-5
Show the locations of all temporary structures or
permanent structures having a temporary use. Provide a
statement outlining the temporary use and when they will
be removed. Chap.3, Art.lv, Sec.3R, pg.3-5
Provide a master stormwater management plan. Chap. 3,
Art.IV, Sec.3T, pg.3-6
Site plan review and approval required. Chap.4, Sec.2,
pg.4-1
County permits required for construction in Congress
R.O.W. Chap.6, Art.VII, Sec.4B, pg.6-24 and Chap.23,
Art.II, Sec.H6, pg.23-9
Provide Certification by Developer's Engineer that
drainage plan complies with all City codes and standards.
Chap.6, ArLIV, Sec.5A, pg.6-7 and Chap.23, Art.lIF,
pg.23-8
Inlets must be in grassy areas unless otherwise approved.
Chap.6, Art.IV, Sec.5B, pg.6-8 and Chap.23, Art.lIF,
pg.23-8
Locate all drainage easements. Chap.6, Art.IV, Sec.6B,
pg.6-9
Excavation and/or fill permits will be required. Chap.S,
Art.I, Sec.2, pg.8-1
Engineering Division Memo No. 95-310
Re: Boynton Commons - Master Plan Comments
August 17, 1995
Page #2
r)&A;< ~~
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R.
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WVH/ck
C:DroMMONS.MPR
Provide dumpster location & details," including drainage':
Chap.7.5, ArLII, Sec.5J, pg.7.5-18 and Chap.9, Sec.10C3;
pg.9-4
Photometrics must be approved for both pedestrian and
parking lot lighting before building permit can be
issued. Chap.23, Art.II, Ala, pg.23-6
Parking lot dimensions, striping, aisles, stalls, radii,
signs, landscaping, etc. must conform with City codes and
standards. Chap.23, Art.II, pg.23-6
Concrete curb must conform to City standards. Chap.23,
Art.IIE, pg.23-7
Major driveway must have 100' clear to 1st access aisle
unless variance previously granted. Chap.23, Art.IIH5,
pg.23-9
Number of driveways may not exceed two on each street.
Chap.23, Art.II, Sec.R7, pg.23-9
Parking stall minimum 18' long. Chap.23, Art.II,Il,
pg.23-9
Provide fire lanes along front of all buildings.
Chap.23, Art.II, Sec.M, pg.23-9 & 23-10
~
iJ1U City of
$oynton $eacli
100 'E.. 'Boynton 'Btadt 'Bou1efNU'lf
P.O. 'Bo:{.310
'Boynton 'B~ 1foriQa 33425.0310
City!1f4{[: (407) 375-6000
!TfV(: (407) 37~
August 16, 1995
Ms. Jennifer L. Morton, Project Mgr.
Land Design South
1280 North Congress Avenue, #215
West Palm Beach, Florida 33409
RE: Boynton Commons - REZN 95-003
Comments on Application for Rezoning
Dear Ms. Morton:
A completeness review of your rezoning application was conducted which identified
minor deficiencies (separate from the master plan) within the application which are
to be corrected by September 1, 1995. Each comment is described below, numbered
according to the corresponding application item number, and includes the recommended
action to address the deficiency.
II.d.
II.d.
II.f.
II.c.11
IV./v.
Other
"\-
c'
The survey includes parcels #4 and #5 as part of the site; however, the
respective deeds do not confirm similar ownership. If this is our
oversight, this information can be clarified verbally (this issue has
been communicated and is currently being researched by the surveyor);
The survey shows as "NOT INCLUDED" an area occupying the southwest
corner of the site, which contradicts the inclusion of this property on
the "conceptual master plan". Assuming that this portion is intended as
part of the master plan, the survey should be revised accordingly;
The application material excludes the Palm Beach County Property
Appraiser's/tax maps with the subject property encircled by the 400'
marking. Please provide this office with two (2) copies of this map(s)
which assists with verification of property owners by the City Clerk;
The application has only been signed by one of the owners, Mr.
Winchester. As indicated under Section II.c.l, written consent must be
provided by all owners when the property is controlled by joint or
several owners. I would recommend that you submit either a revised
signature page, or a letter endorsing the application signed by all
owners of record; and
Pursuant to master plan submittal requirements, Land Development
Regulations, Chapter 2, Section 6(F)(8), applications for Planned
Commercial Districts must include a market study indicating the market
area and demand for the facilities proposed (see attachments within
cover Memorandum #95-445).
~merica's {jateway to t~ {julfstream
~
,
Page 2
#95-003
If you have any questions regarding these comments please contact me at 375-6260.
Very truly yours,
~~ ~ ,;-/-
Michael W. Rumpf,
Senior Planner
DILL1:BCOMCOKM.LIT
1'",
~~.:t
PARKIl'l1 REQUIRED
2'08"W 35.64' RETAIL Ii S/lOO0 5F
1 T~T^L
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MAJOR '5
MAJOR ~
MAJOR .,
MAJOR '8
RET AIL
a1TeAJILD!~ 't (Pl-\AFt1ACr)
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OUTBUILDIN6 '3
BUILDING AREA TOTAL
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1)% SF.
F ARKItr3 PROVIDED
MAIN CENTER
RE6ULAR
HANDICAP
TOTAL
LOAD~ RECOIRED
LOADI~ PROVIDED
MAXIMlt1 LOT COVERAGE
MAXIMUM BUILDING I-lEIGI.n
EXISTING ZONING
PROPOSED ZONING
EXlS ilNG LANDUSE
FROFOSED LANDUSE
1}10SP.
26
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10 Sf,
105P.
40%
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TECHNICAL COMMITTEE i ,$(' .5oe 1'\ rTfJ)l..... .
FOR _ PLAN REVIEW -
# Bldg. Dept ~08te <7 /!;/,i 'm~o
Date 1S~
,Fin~ Dept. A 0t~ Date q ,<)
r r,<;. ll. '.'L tJilf: Date ft.1.[QCZ&( tlt .:W,-t,(ft4(:t~
, U ,I. LJ~i'L ~~/_ Pate 'IiS'!f5,. ~
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DEVELOPMENT TEAM
DEVELOPER &URvEY OR
BOrNT~ ~ INC. ATLANTIC CARIBEAN
1041) W. PALMETO FK F4). 5TE. 302 3&1 llANA DR
BOCA RATON.( FL. 33433 WE&T PALM BO-\., Fl 334\5
(4~1) 482 -8jl~ (401) 681-S898
ENGINEER LAND5CAFE AROIITECT
llJANTMAN 6RCM' LAND DESIGN 5OUTl-l
8903 6LADE5 RD. 5TE, L.~m 1280 N. COt--tisRESS STE. :.>15
BOCA RATON, FL. 33434 W. PALM BEACI;1 FL. 3340~
(401) 4B2 -BB5>5> (401) 418-85>1(.11
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BUILDING DIVISION
August 16, 1995
rn~
PLANNING AND
ZONING DEPT.
MEMORANDUM NO. 95-300
To:
Tambri Heyden, Planning & Zoning Direct
From:
Al Newbold, Deputy Building Official
Re: Boynton Commons - Winchester Property
25 Acre Commercial Tract - Southwest corner Congress
Avenue and Old Boynton Beach Blvd.
After reviewing the documents for the Master Plan for the above
project, the Building Division has no comments other than that
handicap parking and other requirements, as well as signs, should
be addressed at Site Plan time.
~~~
~
Al Ne bo d
AN:mh
Att. Plans
cc: William V. Hukill, P.E., Department of Development Director
A:BCOMMONS.TRC
PUBLIC WORKS DEPARTMENT
MEMORANDUM #95-144
TO:
Tambri Heyden, Planning & Zoning Department
FROM:
Robert Eichorst, Public Works Director
SUB}:
Site Plan - Boynton Commons
DATE:
August 16, 1995
The Public Works Department is unable to make comments on the above site until the dumpster
locations are shown.
If you have any questions please give me a call at 375-6201.
obert Eichorst
ublic Works Director
RE/cr
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,Y
FIRE PREVENTION MEMORANDUM NO. 95-324 WDC
August 16, 1995
00
m@rnowrnf~
~ 1 " ,
AUG I 61~N5 ,r!,
TO:
Planning Department
FROM:
Fire Department
Pt)"':i
,,-'~: -i\. C
.~:>
SUBJ:
REZN 95-003
New Master Plan
Boynton Commons
Congress Ave & old
Boynton Rd
We have no objections to this concept. Roads, access, etc. will be
addressed with the Site Plan.
7/1
/L4~a~
Will am D. cavanaugh, FPO
cc: Chief Jordan
Steve campbell, FPO II
File
RECREATION & PARK MEMORANDUM #95-372
TO:
Tambri Heyden, Planning & Zoning Director
~ "rr yt
FROM:
Kevin J. Hallahan, Forester/Environmentalist
RE: Boynton Commons - Master Plan
DATE: August IS, 1995
I. The applicant should provide a written comment as to which trees shown will be preserved,
relocated, or removed and replaced with new trees. The large Banyan trees and Slash Pine
trees are the specific desirable trees which should be addressed by the comment.
2. Any public road medians which contain grass areas would have to be landscaped by the
applicant. A comment that these areas do llil1 exist would meet this comment.
The project should continue fOlWard on the nonnal review process.
KH:ad
ill
rn@ffiQ~J~rnI
AUG I 51995 lWI
PLANNING IiNO \ '----
ZONING DEPT. -/
MEMORANDUM
Uti1itiC& t# 95-254
i" ~
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"~1[) ..../
-____. I
TO:
Tambri 1, Heyden,
Planning & Z' ector
\
John A. Guidry, ~
Director ofUtilities\j
August 14, 1995
FROM:
Date:
SUBJECT: BOyJJton CommoQII,
New Muter Plm, Fint Ill:View
1. The water and sewer demands for the proposed project, ai submitted, are not
correct. General Commercial should be 247,500 sf @ 0.125 gpdlsf= 30,938 gpd
Ilnd Restauri\l1t should be 200 sean @ 44gpdlllCat = 8,800 llpd for a total of
39,738 gpd., (Sec. 26.34).
(ptlJ
jA~
n~J? 0
.~[
Staff has reviewed the above referenced project and offer the following comments:
2. Gravity Sa.nrtlll)' Sewer mains shaI1 have an easement ora minimum of 12 feort or
twice the depth whichever ii greater. The proposed sanitary sewer main for the
south side orth.. proposed project applNIr5 to be on or near the existing LWDD
easement. Clear unencumbered aCQ:ss to Utility Maine and their easements
must be provided, (Sec. 26.33 ea) and (b)).
It is our recommendation that the plan proceed thrtJ\Jgh the review procen.
NDNt-
If you have any questions regardin~ this subjtct. please contact Skip Milor lit 375-6407 or
Peter Mauella at 375-6404.
sm
xc: Clyde .Skip. Milor
P.tec Ma:zzellll i.Jv"
File
~~
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BOYNTON BEACH POLICE DEPARTMENT
TRAFFIC UNIT
TO:
FROM:
DATE:
REF:
TAMBRI HEYDEN, PLANNING & ZONING DIRECTOR
SGT. MARLON HARRIS, POLICE DEPARTMENT
9 AUGUST 95
BOYNTON COMMONS MEMO #0157
I have reviewed the above plans and ob.~lY~tl1e'f9ll~lng:""
I. The entrance/exit o~ Old Bo~~~~~Ql\4is ~pproxi~t~;270 fe~t west. of Congress Ave.
Il appears to be all nght99 thrs~p1Il.I1S but I'm notSUfC how \!~,ilhgns WIth the current
entrance/exit to the Cin,lih Ci(yILonghorns Stcakhouse p!;1il\;/'This may be a traffic
problem, as traffic wilf"b~brossing Old Boynton Road (ttOl1fiill!d south direction).
~~ ~/~~
.'", ,". ".,
2. The entrance/exitKifthe'plans projected for Congress Ave,'~p~~s to align with
Oakwood Square eniran6e/exit. This area will require instaIilitwbiof a traffic signal.
i: .:..........'
:ii-
,. .,.
Sgt. Marlon Harris
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PRUJJ;;C'l' 'l'I'l'LE:
DESCRIPTION:
'1'YPE:
DN!'E REC' D:
TRACKIN .OG - SITE PLAN REVIEW SUI TTAL
FILE NO. :REZN 95-003
BOYNTON COMMONS
Rezoning from C-3 to LRC
NEW SITE PLAN
7-24-95 AMOUNT:
MAJUR SITE PLAN MODIFICATION
$1,500.00 RECEIPT NO.: 10314
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
CULORED ELEVATluNS REC'D:
(Plans shall be pre-assembled. The Planning & Zoning Dept. will number each
sheet of their set. The Planning Dept. set will be used to check the
remaining sets to ensure the number and type of sheets match.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL:
DATE:
ACCEPTED
1
DENIED
DATE:
DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
2nd SUBMIT'I'AL
ACCEPTED
DATE:
DATE:
DENIED
DA'I'E UF SUBMITTAL ACCEP'l'ANCE LET'I'ER:
REVIEWER'S NAME:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Label TRC Departments on each set of plans)
DATE
AND MEMO NUMBEk
818
.
OF MEMO SEN'r TU
DATE SEN'I':
RETURN DATE:
TRC TO
8J~
PERFORM
INITIAL REVIEW.
t-
t.J ,~<..
MEMO NUMBE : ~
1st REVIEW COMMENTS RECEIVED
util.
P.W.
Parks
t'ire
Police
0,1-<.
'!'YPE;
~ l~!;
...t25._"1-/
i
OF VAk.LANCE(S)
/ Hell
/ --6..
/-
/ -==-
/~
/~
Planning
Building
Engineer
Engineer
Forestel-
PLANS
Y
Y
=l=
J;1EMO.it. ~D E / "C"
'1S-- ~/ I /~
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/-
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DATE UF MEETINC;; ~ J?,(y$l
TRC REVIEW COMMENTS:
& checklist sent out wi comments)
DA'I'E OF LETTER SENT Tu APPLICAN'l' IDENTIFYING
(Aesthetic Review App., dates of board mtgs.
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents)
COLURED ELEVATIONS REC I D :
MEMO SENT TO TRC TO PERFORM 2nd REVIEW.
DATE SENT: MEMO #:
RETURN DATE:
2nd REVIEW RECOMMENDATION/DENIAL
PLANS MEMO # / DATE /"\,/0" PLANS MEMO # / DATE /"R/D"
util. I / Planning I /
P.W. I / Buildinq ~S-. VI{ / /
Parks / / Engineer I 1I/:;;J.. I {\./
Fire / / Engineer I /
Police / / Forster / /
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND
PLACED AT THE PROPERTY DATE SENT/SIGNS INSTALLED:
I'Ibu /'f
SCHEDULE OF BOARD MEETINGS: PAD ~Lf~ ~?/97J
DEVELOPMENT SIGNS
,NuU. ::11
CC/CRA~'f!"~/f '!J
DA'I'E APPRUVAL LE'I'TER SENT:
A:TRACKING.l:>P
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TRAFFIC IMPACT ANALYSIS
w w Z & S
BOYNTON BEACH BOULEVARD
PALM BEACH COUNTY, FLORIDA
JANUARY 29, 1990
(Revised April 2, 1990)
Prepared By:
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
LIST OF FIGURES
FIGURE
1
LOCATION MAP
FIGURE
2
EXISTING ROADWAY
CONDITIONS
FIGURE
3
DISTRIBUTED TRAFFIC
FIGURE
4
TOTAL TRAFFIC
FIGURE
5
P.M. PEAK HOUR
VOLUMES
LIST OF APPENDICES
APPENDIX A CAPACITY AT LEVEL
OF SERVICE "D"
THRESHOLD VOLUMES
APPENDIX B THRESHOLD VOLUMES
FOR SIGNIFICANT
PROJECT
APPENDIX C HISTORICAL GROWTH
CALCULATIONS
APPENDIX D MAJOR PROJECT
TRAFFIC
APPENDIX E INTERSECTION
ANALYSES
INTRODUCUQ!'!
This office has been retained to prepare a revised Traffic
Impact Analysis addressing the traffic impact of proposed revi-
sions to a petition for annexation, land use change, zoning
change and site plan approval for a parcel of land located on the
northeast corner of Boynton Beach Boulevard and Winchester Park
Boulevard, in Section 30, Township 45 South, Range 42 East, in
the unincorporated area of Palm Beach County, Florida. It is
proposed to annex this parcel of land into the City of Boynton
Beach, Florida.
This Analysis has been performed in order to determLne the
volume of traffic expected to be added to the roadway system as a
result of the approval of this project, the effect that this
traffic will have on the capacity of the roadways in the area of
the project and what roadway improvements, if any, are necessary
as a result of the approval of this project. This Analysis has
also been performed in accordance with both the standards and
criteria as established in the Zoning Code of the City of Boynton
Beach and the technical requirements of the Palm Beach County
Traffi~ Performan~A Standards ordinance #87-18
Existing traffic counts, which were available from the
Metropolitan Planning Organization and the Palm Beach County
Traffic Division were used. when applicable, and these counts
were augmented by twenty-four (24) hour machine counts and peak
hour hand counts performed for this office.
SITE INFORMATION
A petition was filed in January, 1990 for a 2.7 acre parcel
to allow a mixed use commercial center.
It was originally proposed to construct a 20,000 square foot
r"tail building and a 1,820 square foot three bay oil change
facility. ThE land owner has decided to delete area from this
pEtition and change the proposed land use. It is now proposed to
clnstruct a 4,000 square foot fast food restaurant on a 0.83 acre
parcel of land. According to the site plan, as prepared by
Lc Iday & Associates, the 4,000 square foot fast food restaurant
will have one drive-up window and 40 parking spaces will be
provided.
The site plan also reflects that this project will have two
points of access. There will be one driveway onto Boynton Beach
Boulevard and Winchester Park Boulevard. The site is located in
relation to the major roadways as shown in Figure 1.
EXISTING ROADWAY CONDITIONS
The major roadway providing direct access to the site is
Boynton Beach Boulevard. Although this site does access directly
onto Winchester Park Boulevard, for the purposes of this Report,
\'!inchester Park Bouleval"d is net defined as a major roady.'ay.
Winchester Park Boulevard is a four lane divided roadway of
limited length between Boynton Beach Boulevard and Old Boynton
Road and pr imar i 1 y serves as access to the Boynton Mall and as
access to property fronting the road. Boynton Beach Boulevard, in
tile immediate area of the project, exists as a six lane roadway.
The Florida Department of Transportation (FDOT) has plans to
widen the section of Boynton Beach Boulevard from one half mile
west of Florida's Turnpike to Military Trail to a four lane
di v ided road. According to the most recent FDOT Work Schedul e,
this roadway construction will commence in the fourth quarter of
1990. In addition, FDOT has plans to construct an interchange at
Florida's Turnpike with Boynton Beach Boulevard. The construc-
tion of the interchange is scheduled to commence in the Spring of
1990.
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~here are several other roadway improvements in the project
study area ~hich will affect this project's status with the
Traffic Perf,)rmance StC'ndards Ordinance. A summary of these
improvements is presented below:
MlJitary TrpJl-,
A. Boynton Beach Boulevard to Hypoluxo Road will be con-
struct ed as a six lane roadway by Palm Beach County with con-
struction anticipated to commence by the middle of March of this
year. The contract for construction is in the process of being
let. As construction of this section Military Trail is expected
to commence prior to the approval for this project, this Report
will assume that Military Trail has been constructed.
B. Steiner Road and Boynton Beach Boulevard, according to
the County's Five Year Road Plan, will be widened from four to
six lanes in fiscal year 1991-92.
Old Boynton Road:
A. Knuth
to a five (5)
1991-92.
Road to Military Trail, is scheduled to be widened
lane roadway by Palm Beach County in fiscal year
Coneress Avenue:
A. Miner Road to N.W. 22nd Avenue is scheduled to be wid-
ened dur i ng 1990 to a six (6) lane divided roadway by the de-
veloper of The Shops of Boynton.
B. N.W. 22nd Avenue to Boynton Beach Boulevard is also
scheduled to be widened to a six (6) lane roadway by the develop-
er of Palm Isle PUD. This widening is expected to commence
during 1991.
The existing roadway average annual daily volumes and the
roadway capacities are shown in Figure 2.
TRIP GENERATION
The trip generation rate for this proposed project was
determined based upon information published in "Trip Generation -
Fourth Edition", Institute of Transportation Engineers, 1987.
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EXISTING ROAD CONDITIONS
date
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figure
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The Generation rate for this proposed
to be 6321 trips per day per 1,000 square
average daily generction for this 4,000
restaurant is calculated to be:
project was determined
feet. Thus, the total
square foot fast food
4,000 sf x 632.1 tpd/lOOO sf = 2,528 tpd
As shown above, on an average weekday, the project will
gEnerate approximately 2,528 vehicle trips at the project's
driveways.
It should be noted that Article VI, Section 2 B(7) of
ordinance #87-18 recognizes that not all traffic generated by
certain land uses is additional traffic on the adjacent roadway
network. The Ordinance does allow for the consideration of
pass-by or captured traffic. Restaurants are one of the land
uses for which pass-by traffic can be considered. According to
the recently adopted Palm Beach County Road Impact Fee Ordinance,
#89-19, the pass-by rate for a fast food restaurant use is 30%.
Thus, the external traffic is recalculated to be:
USE
TOTAL
GENERATION
(TPD)
CAPTURED
TRIPS
(TPD)
EXTERNAL
TRIPS
(TPD)
FAST FOOD REST.
2528 tpd
758 tpd
1770 tpd
As shown above, accounting for captured traffic, the project
will generate approximately 1,770 external trips per day at
buildout and full occupancy.
TBAFFIC DISTRIBUTION AND ASSIGNMENT
The traffic distribution used in the preparation
Analysis was prepared according to an examination of
patterns and travel patterns in the project study area.
of this
1 and use
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Based upon the preceeding, the traffic distribution for this
project was determined and is shown below:
NORTH 27%
EAST 32%
SOUTH 21%
WEST 20%
The distributed traffic volumes for this project are shown
in Figure 3. In accordance with the Traffic Performance Stand-
ards Ordinance, the distributed traffic was l:rought five miles
from the site, or until the project generated less than 1% of the
capacity of the roadway (Insignificant Volume).
EFFECT ON CAPACITY
The Palm Beach County Traffic Performance Standards Ordi-
nance delineates very specific criteria which must be met prior
to any Rezoning or Special Exception Request being approved.
Petitions are classified as being either a "Significant Project"
or "Insignificant Project" according to the project impact on
roadway links and the capacity of the impacted roadway links.
A "Significant Project" is defined by Ordinance #87-18 as a
project which generates more than one percent (1%) of the thresh-
old vol ume at Level of Service "D" on any 1 ink wi thin the
project's radius of development influence. The threshold volumes
for "Significant Projects" are shown in APPENDIX B. For a two
1 ane road, the thresho Id vol ume for a signif icant impact is 131
trips per day, 300 trips per day for a four lane divided roadway
and/or five lane undivided roadway, and 464 trips per day for a
six lane divided roadway.
Reviewing the project volumes in Figure 3 with the threshold
volumes in APPENDIX B, it is seen that this project creates a
significant impact on the following roadway links:
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TABLE 1
SIGNIFICANT IMPACT
ROl\Jl
LINK
BOYNTON BEACH BOULEVARD
WINc'HESTER PARK BLVD.
Congress Avenue - Knuth Road
Boynton Beach Blvd. - Old Boynton Rd.
It is concluded that this project is classified as a "Sig-
nificant Project" according to Ordinance #87-18.
The Traffic Performance Standards Ordinance requires that
for any roadway link upon which the project creates a significant
impact, the total traffic on that roadway link be analyzed
dur i ng the buil dout per iod for the pro Ject. Accordi ng to the
Petitioner, this project could be built and occupied during 1993.
Thus, a buildout year of 1993 hilS been established ar,d this
analysis will use 1993 as a basis for its calculations.
The total traffic is defined as the sum of the existing
average, annual daily traffic, the project traffic plus the
background traffic. The background traffic is further defined as
the sum of the historical growth plus traffic generated by major
projects which are in excess of 10% of the capacity of the af-
[ected roaJwoi link. The total traffic volume.; are showl' ..."
Figure 4.
The 1993 projected traffic has been determined by taking the
sum of the existing 1989 MDT, plus the projected historical
growth, plus the traffic generated for major projects which are
in excess of 10% of the roadway's link capacity. The historical
growth calculations are shown in APPENDIX C. The major project
traffic volume calculations are shown in APPENDIX D.
A review of the available information revealed that none of
the major projects identified would generate more than 10% of the
capacity of a road link upon which this proposed project would
create a significant impact within the buildout period.
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The total traffic volumes for the buildout year of 1993 are
shewn wlth the roadway capacities in Figure 4.
Reviewing the total lolumes and the roadway capacities in
Figure 4, it is seon that on the roadway links upon which this
project creates a significant impact, the total traffic does not
exceed capacity. Therefore, this Petition meets the link test.
PEj\K HOUR
The second test that a "Significant Project" must meet is
the Intersection Test. This test requires that all major inter-
sections within the radius of development influence be analyzed
through which the project generates 10% or more of the total
traffic on any link of the intersection.
Reviewing the volumes in Figure 4, it is seen that this
project does not generate more than 10% of the total traffic on
any of the roadway links in the project study area. Therefore,
this petition meets the Intersection Test.
In addition, the Ordinance requires that peak hour turning
movements shall be analyzed where the project's traffic meets the
directly accessed links. The peak hour volumes generated by this
project were calculated in order to determine what site related
improvements, if any, will be required.
The peak hour generation rates for each use were determined
to be a percentage of the average dail y traf f ic. For the pur-
poses of this Report, only the P.M. volumes will be analyzed.
l1SE
FAST FOOD
% OF ADT
PEAK HOUR
VOLUME
IN
QUT
0.067 (2528)
=
169
86
83
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The P.M. peak hour volumes at the project entrances are
shown in Figure 5. Also shown in Figure 5 are the project vol-
umes at the intersection of Knuth Road and Boynton Beach Boule-
vard.
A review and an analysis of the volumes shown in Figure 5
were performed based upon the procedurEs in "Interim Materials on
Highway Capacity", Transportation Res"arch Circular Number 212,
January 1980 and the 1985 Highway Capacity Manual. From these
analyses, shown in APPENDIX E, no additional roadway improvements
have been found to be necessary as a resul t of this project's
traffic.
CONCLUSION
This proposed fast food restaurant is expected to generate
an average of 1,770 additional trips per day on the area's road-
way system at complete occupancy and buildout. This project is
classified as being a "Significant Project" as defined by the
existing County Traffic Performance Standards Ordinance.
As this project meets both
Intersection Test, it is concluded
approved in accordance with the Palm
formance Standards Ordinance #87-18.
the Link Test and the
that this project can be
Beach County Traffic Per-
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APPENDIX
APPENDIX A
THRESHOLD VOLUMES
LEVEL OF SERVICE "D"
(AVERAGE DAILY TRAFFIC)
ROADWAY TPll
Two Lane 13,100
Four Lane Undiv~~~~ 27,800
Four Lane Divided 30,000
Five Lane Undivided 30,000
Six Lane Divided 46,400
Eight Lane Divided 60,000
Six Lane Freeway 95,000
APPENDIX "B"
THRESHOLD VOLUMES FOR
SIGNIFICANT IMPACT
MINIMUM VOLUME
(TRIPS PER DAY)
THOROUGHFARE TYPE
Two lane 131
Four lane (Divided) 300
Five lane (Undivided) 300
Six lane (Divided) 464
Eight lane (Divided) 600
Six lane (Expressway) 950
APPENDIX C
HISTORICAL GROW~H CALCULATIONS
W W Z & S
BOYNTON BEACH BOULEVARD
HISTORICAL EXI STING
GROWTH 1989 1990 1991 1992 1993
ROADILINK BAT!;: MDT MDT MDT: MDr MDT
BOYNTON BEACH BLVD:
Congress - Knuth 6.7% 27365 29198 31155 33242 35469
Knuth - Lawrence Rd. 6.7% 27365 29198 31155 33242 35469
Lawrence - Mil i tary 6.7% 24420 26056 27802 29665 31652
WINCHESTER PARK BLVD:
Bytn.Bch.B.-Old Bytn* 4135 5135
"NOTE: No historical growth data is available.
Assume 1000 trip per day increase.
APPENDIX D
MAJOR PROJECT TRAFFIC
w w Z & S
~. The following Major Projects have been identified as having
an impact in the project study area:
BOYNTON BEACH MALL
MOTOROLA
';)UANTUM PARK
MELEAR PUD
COUNTRY CLUB TRAIL
PALM ISLES PUD
SUN VALLEY PUD
B. None of the above Major Projects were idenitified as creating
more than 10% of the capacity on the roadways upon which the W W
Z & S project created a significant impact.
APPENDIX E
TRANSPORTATION RESEARCH CENTER
CRITICAL MOVEMENT ANALYSIS
BOYNTON BEACH BLVD & MALL ROAD
DATE 1993 PM
**********************************
LEVEL OF SERVICE A
SATURATION 50
CRITICAL N/S VOL 102
CRITICAL E/W VOL 749
CRITICAL SUM 851
*************************************
LANE
NORTHBOUND
MOV WIDTH
LANE GEOMETRY
SOUTHBOUND EASTBOUND
MOV WIDTH MOV WIDTH
WESTBOUND
MOV WIDTH
1
2
3
4
5
6
. . .
. . . . R.. 12.0 T.. 12.0
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. . .. .
. . . .
. . .
. . .
NORTHBOUND
TRAFFIC VOLUMES
SOUTHBOUND EASTBOUND
WESTBOUND
LEFT
THRU
RIGHT
o
o
o
200
o
77
95
1436
o
o
1528
248
NORTHBOUND
SOUTHBOUND
EASTBOUND
WESTBOUND
TRUCKS (%)
5
5
5
5
LOCAL BUSES (#/HR)
o
o
o
o
PEAK HOUR FACTOR
.9
.9
.9
.9
PHASING N/S
E/W
PEDESTRIAN ACTIVITY
CYCLE LENGTH
:5. DIRECTION SEPERATION
:1. NEITHER TURN PROTECTED
: 1. 0 - 99 (#PEDS/HR)
90 SECONDS
CRITICAL LANE VOLUMES BY MOVEMENT
NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND
HRU -RIGHT 0 0 614 749
LEFT 0 102 105 0
LEFT TURN CHECK
NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND
NPUT VOLUME 0 200 95 0
"DJUSTED VOL 0 195 105 0
CAPACITY 0 0 0 135
MOVEMENT N/A N/A NO OK