AGENDA DOCUMENTS
CITY OF BOYNTON BEA__H
AGENDA ITEM REQUEST FORM
.
~
Requested City Commission Date Final Fonn Must b~ Turned
Mceti:1g Dates in to City Clerk' s Office
D November 16, 1999
D December 7, 1999
181 December 21,1999
D January 4, 2000
NATURE OF
AGENDA ITEM
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
November 3,1999 (5:00 p.m.) D January 18,2000
November 17, 1999 (5:00p.m.) D February 1,2000
December 8, 1999 (5:00 p.m.) D February 15.2000
December 22, 1999 (5:00 p.m.) D March 7, 2000
January 5, 2000 (5:00 p.m.)
January 19,2000 (5:00 p.m.)
February 2, 2000 (5:00 p.m.)
February 16,2000 (5:00 p.m.)
D Administrative
D Consent Agenda
181 Public Hearing
D Bids
D Announcement
D Development Plans
D New Business
D
D
D
Legal
Un[mished Business
Presentation
RECOMMENDATION: Please place the request below on the December 21, 1999 City Commission agenda under Public
Hearing. The Planning and Development Board with a 5-1 (1 abstain) vote, recommended approval with no additional staff
comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 99-
302.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
VILLA DEL SOL
Bradley Miller
Grove Partners Limited
Intersection of Federal Highway (US 1) and Old Dixie Highway
Request to amend the Future Land Use Plan from Local Retail Commercial to Special High
Density Residential ( 20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3
High Density Residential.
FISCAL IMPACT: N/A
PROGRAM IMPACT: N~
ALTERNATIVES: N/A
City Manager's Signature
Department of Development Acting Director
----, ~ C ~
Ilc K
Planning and Zoning Director
City Attorney / Finance / Human Resources
IICHIMAIN\SHRDA TAIPLA:-rnINGISHAREDlWPIPROJECTSI"vlLLA DEL SOL CPT A & LUARIAGENDA CC ITEMS 12-21-99 .DOC
EXHIBIT "I"
Conditions of Approval
Project name: VILLA DEL SOL
File number: LUAR # 99-005 .
Reference:.Future Land Use Amendment andRezoning application prepared bv Miller Land Planning
Consultants. Inc. dated October 1. 1999 '
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. NONE
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
MWRldim
J:\SHRDATAIPLANNINGlSHARED\WPIPROJECTSIVILLA DEL SOL CPTA & LUARICOND. OF APPROVAL P&D 12-14-99.00C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 March 21,2000
0 April 4, 2000
0 April 18, 2000
0 May 2, 2000
March 8, 2000 (5:00 p.m.)
o May 16,2000
[g] June 6, 2000
o June 20, 2000
o July 5, 2000
May 3, 2000 (5:00 p.m.)
March 22, 2000 (5:00 p.m.)
May 17,2000 (5:00 p.m.)
April 5,2000 (5:00 p.m.)
June 7, 2000 (5:00 p.m.)
April 19,2000 (5:00 p.m.)
June 21, 2000 (5:00 p.m.)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
[g] Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City
Commission meeting agenda under Legal- Ordinance I st reading. This request to amend the Future Land Use Plan from
Local Retail Commercial to Special High Density Residential was approved at the December 21, 1999 City Commission
meeting for transmittal to the State. The State's objections are being addressed with additional information intended to
clarify the location of the subject property in proximity to the Coastal High Hazard Area. The amendments may now be
adopted and returned to the State for fmal compliance review. Staff continues to recommend that this request be approved.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCA TION:
DESCRIPTION:
Villa Del Sol
Bradley Miller
Grove Partners Limited
Intersection of Federal Highway (US 1) and Old Dixie Highway
Request to amend the Future Land Use Plan from Local Retail Commercial to Special High
Density Residential (20 dwelling units/acre).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
Department of Development Director
City Manager's Signature
.~U~/
Planning and Zo' Director
City Attorney / Finance / Human Resources
l'\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\ VILLA DEL SOL CPT A & LUARIAGENDA REQUEST FOR CC 6-6-00 LtJAORDDOC
Non EAR-Based Amendment
Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol)
Objection. The amendment does not restrict development activities where such
activities do not protect human life by directing population concentrations away from
known or predicted coastal high hazard areas. Additionally, the proposed amendment is
internally inconsistent with Policy 1.12.1 of the Future Land Use Element of the City's
comprehensive plan which requires the City to obtain written approvals from the Palm
Beach County Division of Emergency Management and the City of Boynton Beach Risk
Management Officer, "prior to approving any increase in residential densities in the
Hurricane Evacuation Zone... if the proposed density would result in an increase of 50 or
more dwellings." The City has not supported the proposed FLUM admendment with
such written approvals. Moreover, the City has not demonstrated the consistency of the
proposed FLUM amendment with Objective 7.6 of the Coastal Management Element of
its comprehensive plan, regarding the City's commitment to maintain or reduce current
estimated hurricane evacuation times if development increases in the coastal high-hazard
area of the City. The city did not provide analysis of the projected impact of anticipated
population density of the proposed additional 148 dwelling units and potential evacuation
needs of the population on hurricane evacuation planning. [Chapter 163.3177(21);
163.3177(6)(g)7; 163.3177(j)6; & 163.3178(1), F. S. and Rule 91-5.005(2)(a), 91-
5.005(5); 91-5.012(2)(e)1., 91-5.012(3)(b)6. & 7.; and 91-5.019(3)(c), F. A. C.]
Response. City staff made two errors in its review comments on the application
for amendment. The first was to reference the location of the amendment as being a part
of Map location #16 in Table 24 of the Coastal Management Element. The referenced
map location is on the east of U. S. Highway 1, while the subject parcel is on the west of
that thoroughfare. In an early draft of support documents for the Coastal Management
Element, the subject property was identified as Map location #17 and corresponding
policy direction in Table 24 provided setback requirements for development of the site
under a Special High Density Residential designation. The map and policy references
were removed from the final version of the support documents when it was decided to
recognize the development order in place for the property in 1989 and maintain the
commercial land use designation on the site.
Staff's second error was to recommend that the proposed amendment would be
forwarded to the County EMD for review. This is required when a site is located within
the Hurricane High Hazard Zone and impacts of the increased density reach thresholds
established in the Land Use Element of the Comprehensive Plan. While the parcel is
within the City's adopted Coastal Planning Area, it is west of the line delineating the
Hurricane High Hazard Zone. It is staff's understanding that under Rule 91-5.003(18), F.A.C., the coastal planning area does not need to be coterminous with the Coastal High
Hazard Area so long as all of the Coastal High Hazard Area is included within the
planning area.
Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach Countv
Comprehensive Emergencv Manal$ement Plan details the geographic areas contained
within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each
zone are repeated from the Treasure Coast Regional Hurricane Evacuation Studv. Zones
11, 12 and 13 encompass areas of the City of Boynton Beach; however, the zone in
closest proximity to the subject parcel is Zone 13. Its boundaries are described as, "South
of Ocean Avenue, east of U. S. 1, north of Gulf Stream Golf Course, west of Atlantic
Ocean." Evacuation Zone 13 is classified as the Storm Surge Vulnerable Zone for all
hurricanes. (See Attachment A)
The subject parcel is located west of U.S. Highway 1, and therefore is not within the
Hurricane High Hazard area, defined in Rule 91-5.003(17), F.A.C. as "the evacuation
zone for a Category 1 hurricane as established in the regional hurricane evacuation study
applicable to the local government."
The subject property is within Traffic Evacuation Zone 43 which is not listed even as a
Storm Surge Vulnerable Zone for Categories 4 and 5 hurricanes. It is presumed,
therefore, that development of the parcel will not impact the evacuation times or potential
evacuation needs of the population; nor will it impact the demand for hurricane shelter
space in the event of a Category 1 hurricane.
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ATTACHMENT A
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I.~~ ~ICANE EVACUATION ZONE
BOYNTON BEACH COASTAL NANAGENENT ELEMENT
WALTER H. KELLER JR.. INC.
CanslIltin9 En9ineers ; Pla/1/Ters
Coral SlJrin9s. Floridil
FIGURE 19 - HU~~ICANE EVACU~TION ZONE
-96-
DI::VELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-142
TO:
Sue Kruse
City Clerk
FROM:
/'1(,./ tz-
Michael W. Rumpf
Director of Planning and Zoning
DA TE:
May 17, 2000
RE:
Villa del Sol (LUAR 99-005)
A legal advertisement has been prepared for the June 6, 2000 City Commission
Public Hearing.
MWR:dh
xc: Central File
Attachments
J:\SHRDATA\Planning\HudsonWilla del Sonlegalnot.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a
Legal Notice or Legal Advertisement published and must be submitted to the
Office of the City Attorney two working days prior to the newspaper's ad
submittal deadline.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: May 17. 2000
BRIEF DESCRIPTION OF NOTICE OR AD: Villa del Sol Land Use Amendment.
Rezonina and Comprehensive Plan change. Final processina (adoption) followina
review by DCA.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.)
Ad for City Commission meetina of June 6. 2000 at 7:00 p.m. 18 point headline.
ad 2 column x 10" minimum. not in Leaal Ads.
SEND COPIES OF AD TO: Newspaper. applicant and Plannina and Zoning
Director. Final processing (adoption) followina review by DCA.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: June 1. 2000
LAST DATE TO FAX TO NEWSPAPER: May 26. 2000 (holiday schedule)
APPROVED BY:
(1) Y7/._GJ~,
(Originator)
-f/l7~a
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDATA\Planning\Hudson\Villa del Sol\legalnot.doc
NOTICE OF ZONING CHANGE
NOTICE OF COMPREHENSIVE PLAN CHANGE
CITY OF BOYNTON BEACH PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, June 6, 2000 at 7:00
p.m. to consider the request described herein and submitted by Bradley D Miller., agent
for Grove Partners, L TO, regarding a parcel of land with a total of 16.05 acres located
at the northwest corner of Federal Highway ( U.S. 1) and Old Dixie Highway and related
text of the Comprehensive Plan Future Land Use Support Document..
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LEGAL DESCRIPTION:
Complete legal description on file in the Planning and Zoning Division, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida.
REQUEST: AMEND FUTURE LAND USE PLAN
From - Local Retail Commercial
To - Special High Density Residential (20 dwelling units/acre)
REQUEST: REZONE
From - C-3 Community Commercial
To - R-3 High Density Residential
REQUEST: AMEND TEXT OF COMPREHENSIVE PLAN
Amend Section 1.p., page 89 and 90 of the Comprehensive Plan Future
Land Use Support Document. The current text is provided below.
1.p Parcels at Northwest Corner of U.S. 1 and Old Dixie Hiahway
Due to the limited demand for commercial floor space along this segment
of U.S. 1, the Coastal Management Element originally recommended that
these parcels be taken out of the Local Retail Commercial land use
category, and placed in the Special High Density Residential category.
However, because a site plan and construction drawings for a shopping
center on this site have been approved by the City, the City Commission
decided to keep these parcels in the Local Retail Commercial land use
category.
The proposed text read as follows:
1.p Parcels at Northwest Corner of U.S. 1 and Old Dixie Hiahway
Due to the limited demand for commercial floor space along this segment
of U.S. 1, an initial recommendation of the Comprehensive Plan adopted
in 1989 was that these parcels be taken out of the Local Retail
Commercial land use category, and placed in the Special High Density
Residential category. This recommendation was not enacted because a
site plan and construction drawings for a shopping center on this site had
been approved by the City. The shopping center has not been developed
and the site plan and construction plan approvals have expired.
Therefore, these parcels should be taken out of the Local Retail
Commercial land use category and placed in the Special High Density
Residential category to encourage development and revitalization of this
area of the City.
A copy of these applications and corresponding legal description are available for
review in the Planning and Zoning Division, Monday through Friday, 8:00 A.M. TO 5:30
P.M.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the City Commission with
respect to the matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:\SHRDATA\Planning\HudsonWilla del Sol\legalnot.doc