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86-NNNRESOLUTION NO. 86 .'/¥ A/~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING ~ REALIGbtMENT OF KNUTH ROAD AT INTERSECTION AT BOYNTON BEACH BOULEVARD WHEREAS, the City of Boynton Beach and Palm Beach County have and will continue to cooperate with the development and planning of the area between Congress Avenue and Lawrence Road in the area south of Boynton Beach Mall; and WIiEREAS, detailed proposals for the development of this area are continually reviewed by beth the City and County staffs; and WHEREAS, the City and County staffs have discussed and have come to agreement on the proposed realignment of Knuth Road at Boynton Beach Boulevard; and WHEREAS, the background for this proposed realignment and justifi- cation for the realignment had been presented to the Boynton Beach Mayor and City Council for review. '~ NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF BOYNTON BEACH support the proposal for the realignment of Knuth Road at Old Boynton Road and furthermore support Palm Beach County efforts to condemn rights-of-way for this realignment as proposed in the attached August 11, 1986 memorandum from Carmen Annunziato to Peter L. Cheney (with supporting documents). PASSED AND ADOPTED THIS ./~y of %TTEST: Ji%y Corporate Seal) 1986. CITY OF BOYNTON BEACH, FLORIDA ~r V' ce May0r~ ~uncil Member/ ( council ~r ~ TO: FROM: RE: MEMORANDUM 11 August 1986 Peter L. Cheney, City Manager Carmen S. Annunziato, Planning Director Knuth Road Realignment RECEIVED AUG ~Y MANAGER'S OFF!C5 As previously discussed, an attempt is being made to realign Knuth Road between Old Boynton Road and West Boynton Beach Boulevard (see attached letter and map). Knuth Road, over this area, currently intersects at its northerly terminus, Javert Street. Javert Street is residential in nature, serving West Boynton Subdivision. As proposed, an S-curve would be designed into Knuth Road resulting in the northern terminus intersecting with the western entrance to the Boynton Beach Mall. The City's interest in this realignment rests in the fact that all properties east of Knuth Road, including Knuth Road at its present location will be incorporated in the future. This process has started with the pending annexation of parcels of land at the northeast corner of Knuth Road and West Boynton Beach Boulevard, and at the southeast corner of Knuth Road and Old Boynton Road. Also, realignment will en- hance the objectives of the Boynton Beach Comprehensive Plan Evaluation and Appraisal Report which recognizes that Knuth Road will function as a collector. Concerning construction of the realigned Knuth Road, you will recall that the developers of the properties of 'the two previously mentioned corners have a financial and construction commitment to purchase rig~ts- of-way and build Knuth Road at its present location. Apparently, interest has been shown by these property owners in the realignment, as it will make their parcels of land more valuable by enhancing access. These commitments are summarized in the letter to Michael Schroeder dated June 20, 1986, copy attached. In order to effect this change zn alignment, the County has to approve the change and potentially condemn rights-of-way. As of Friday, August 8, 1986 the County expressed a willingness to do so. However, the County Traffic Engineer recommended that the City of Boynton Beach officially support the project as it must be approved by the County Commission. Therefore, it is recommended that the City Council pass a resolution supporting this realignment, and that copies of the resolution be forwarded to the County Commission and the County Traffic Engineer. /bks CARMEN S. ANNUNZ~A~O o CITY of BOYNTON BEACH 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORI DA 3.3435-0310 (305) 734-8111 OFFICE OF THE PLANNING DIRECTOR 20 June 198~ .Michael Schroeder, Esquire 1° Lincoln Place 1900 Glades Road Suite 301 Boca Raton, FL 33431 Dear Mr. Schroeder: As requested, the Planning Department researched the matter of the ~econstruction of Knuth Road as it relates to the approval of the Sabra strip center and Capitol Professional Plaza. To that end you will find accompanying this letter a copy of a memo and attendant documents which explain the agreements made at the time of.plan review. By copy of this letter, I am advising Mr Walke~ of our findings. If, after you r~view these documents you have any questions, please feel free to contact me at your convenience. Yours very truly, CITY OF BOYNTON BEACH Carme~ S. Annunziato · Planning Director /bks Enclosures cc: City Manager Charles Walker Central File MEMORANDUM June 18, 1986 TO: FROM: RE: Carmen S. Annunziato, Planning Director James' J. Golden, Assistant City Planner Knuth Dairy Road Construction - Cost Sharing. Investigation of the Planning Department files and the minutes of the Planning and Zoning Board and City Council fQ~ the Knuth Road Associates and Sabra Enterprises, Inc. annexation requests concerning the cost of constructing Knuth Dairy Road has revealed the following: Capitol Professional Plaza - December 3, 1985 City Council minutes~ P-14 (see exhibit A): Martin Perry agrees to comments made by Charles Walker concerning the formula for sharing the cost of construction for Knuth Dairy Road contained in exhibit C-3. Greentree Plaza II - February 4, 1986 City Council minutes, P-15 (see exhibit B): Kieran J. Kilday agrees to the terms of annexation including the staff comments regarding construction of Knuth Road contained in eXhibit C, items 9t-3. In regard to the additional right-of-way (west side) that would need to be acquired to make Knuth Road an 80 foot wide collector, both Mr. Perry (exhibit A) and Mr. Kilday (exhibit D) request that they would like the City to consider asking the County to authorize the expenditure of some of the impact fees paid by these two projects to assist in the cost of acquisition for this additional right-of-way. /lat Attach. JAMES 'J. GOLDEN EXHIBIT A MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 Mr. Perry said the application was filed August 28, and he has a letter from the Planning Department dated September 12, indi- cating it had been prepared and was being processed; he believed it was advertised in October. This petition is not the same as the preceding one, which was advertised prior to October 1 but was postponed 30 days. Mr. Cheney said they anticipate that this application would go to the DCA with the group in July, -but Mr. Perry may be able to get the DCA to rule that this application was submitted before October 1. Mr. Cheney explained that they plan to submit three other annexa- tions, therefore, land use ~amendments--the post office, a series of rights of way and a piece of land on High Ridge Road (Max Schorr property)--to the~DCA in April, along with the DNA Report, which is an analysis of the old Master Plan. In MaY, they will begin reviewing land use amendments only to be submitted in jUly. In July, August and September, they plan to review routine planning material, such as site plans. In Ocfo~Der, November and December, having received a reply from the State, they plan to again review land use amendments to be submitted the following January. The number of applications considered in each of these periods depends on the number approved. If he is not successful with the DCA, Mr. Perry said he hopes his application could be included in the group in April rather than July, as all of the review relative to this application has been completed, with a full staff recommendation relative to the Comprehensive Plan amendment. Mr. Cheney said he cannot answer that request tonight, but it may be possible. ~ Mr. Perry said the proposed height of this project is in accord -with the allowance in the PCD ordinance and is in line with what is happening across Old Boynton Road at the mall. He said their traffic engineer is of the opinion, in agreement With the County Engineer, that restriping should be done to allow left turns into their property off Old Boynton Road rather than constructing a median. His client is willing to share in the cost of constructing and widening Knuth Road; they have no problem with the formula recommended' by Mr. Walker for determining the amount. There is a requirement that they acquire an additional 15 feet of right of way for the entire length they are to construct the road, which is 660 feet. The acquisition of that right of way will cost approximately $65,000 to $70,000; therefore, they request that the city consider asking the County to authorize the expenditure of some of the available funds from impact fees to assist with the cost of this acquisition. Finally, Mr. Perry requested that this application be considered for the April sub- mittal to the State. Mr. Annunziato said he discussed with Mr. Walker the potential for the County participating in the construction of Knuth Road - 14 - EXHIBIT B MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH; FLORIDA FEBRUARY 4,1986 of Knuth Road and utilities in connection with this rezoning, and annexation should be granted upon compliance with those con- ditions. In response to Maybr Cassandra's question as to whether he agrees to the stipulations made by staff, Mr. Kilday said they are already prepared to.construct Knuth Road up to and through the canal, but the second part of the stipulation will depend on the cooperation of the other property owner. He said their hands are tied until the City acts with the other property owner. Mr. Annunziato said-the other owner will not be annexed and zoned or receive his water and sewer agreement until he cooperates. Mayor Cassandra asked if anyone wished to speak in favor of or against this request, and there was no response. Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve this rezoning from AR to C-3. He said many times this is the best way to control the quality of what is built in a location, because the same stipulations might not be met if the property remained in the County, but the impact on the roads could be just as great whether it was a part of the City or the County. Councilman Warnke thought the AR zoning should be retained for the property, and pressure should be put on the County Commission not to rezone it when. the request comes before them. The motion was voted upon and c~rried 3-2, with Councilman Warnke and Councilman Zimmerman voting in opposition. Mayor Cassandra said the developer should realize that the two Councilmen have very strong concerns, and the retail usage con- cern should be considered. Mr. Kilday said they restricted it considerably from the original proposal, which was all retail. He added that, in addition to this parcel, the existing Greentree Plaza, which already has water and sewer service, will be annexed. Mr. Kilday said this property is zoned CG in the County; it is not zoned AR. As suggested by Attorney Vance, Vice Mayor Ferrell moved, seconded by Councilman Warnke, to deviate from the Agenda and next consider the other request for this applicant, which was under Legal-Other. Consider approval of Utility Service Agreement submitted by Kieran J. Kilday for Edward I. Singer (Postponed to February 4~ 1986) Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve the Utility Service Agreement. The motion carried 3-2, with Councilman Zimmerman and Councilman Warnke dissenting. Vice Mayor Ferrell moved, seconded by Councilman Hester, to revert to the order of the Agenda. The motion carried 5-0. At 9:45 p.m. Mayor Cassandra announced a break, and the meeting resumed at 9:50. - 15- EXHIBIT C ~'1 '' '~ of Courtly Commissioners /Txf~'~ennet. h M. Adams, Chairman / k/¥~Karen T. Marcus, Vice Chair [ 'j Ken Spillias Jerry L. Owens Dorothy Wilken August 30, 1985 i Courtly ~dminislralor ~oh~ C~ S:,nsbury Department of Plannir~g~Zoning, & Building ~bcrt E. Basehart Executive Director Sabra Enterprises, Inc. . By Kieran J. Kilday, Agent 1551 Forum Place - Ste. 300E West Palm Beach, FL. 33401 Subject: Petition No. 85=93 - Rezoning/Special Exception Dear Sir: ' At the Public Hearing on August 22, 1985, the Board of County Commissioners of Palm Beach County, Florida, officially approved your petition as advertised subject to the attached tenative list of special.conditions. You are tentatively scheduled for the September 25, 1985, ~ite Plan Review Committee Meeting commencing at 9:00 A.M. in the Conference Room at 3400 Belvedere Road. You or your representative should be present at this meeting to answer any questions the Committee might-have. In order for your plan to be considered by the Site Plan Review Committee, you must submit a revised site plan, reflecting the conditions listed, on or before noon o~ September 11, 1985. Sincerely, hn A. Lehner, Direct r ning Division JAL:bjh cc: Pet. No. 85-93 - Rezoning/Special Exc_epti°n File, BCC File, L. Carter, S. Sprague, Minutes Department. R. Wheelihan S. Hard y Edward Singer 3400 BELVEDERE ROAD . WEST PALbl BEACH, FLORIDA 33406 (305) 471-3520 C 1 PETITION NO. 85=93 1) Prior to site plan certification the site plan shall be revised to reflect the following: a') Removal or relocation 'of the two (2) parking stallS along the west proper.ty line nearest the corner at Knuth and Boynton West Road, pursuant to Zoning Code Section 500.17., (OFF~STREET PARKING ~EGULATIONS), and pursuant to Section 4.H., (Site Distance for Landscaping Adjacent to Public R~ghts~of.'-way). b) Accommodation of required landscape strips outside of utility easements, or ~x.ecutfon_Q~gnJ_s/_te ~-asement_~gr. eemen_ts irt_~_form acceptable to the-county and--applicable_9~.i!.i.t_y_.comPany/i.eS.o c) A six foot high solid masonry wall along the north line with 10712 foot high canopy trees planted 20 feet on center along the north and the east property lines. d) Parking area interior landscapfn~"pursdant to Landscape Code Section 4.G. landscape provisions shall be graphically depicted on the site plan, an~ interior landscaping requirement calculations shall be added to the site data tabulation. 2) Ail mechanical and air conditioning equipment shall be roof mounted and screened with parapets or be contained within the enclosed loading and service area. 3) Ail facades-of th~ retail but-tding shall be given architectural .treatment consistent with the front of the center to avoid an incompatible industrial appearance impact upon nearby residential development. 4) No stock loading or dumpster pickup wtl-1 be permitted between the hours of 8:00 p.m. and 8 a.m. · 5) No storage or placement of any materials, refuse, equipment or accumulated debris shall be permitted in the rear of the retail building. 6.) No-~arking of any vehicles shall be permitted along the rear of the r~etail building except in designated spaces or unloading areas. 7) Security lighting shall be directed away from nearby residences and rights-or-ways. 8) Reasonable pr-ecautions shall be exercised during site development tc insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. 9) Reasonable measures shall be employed during site development to insure that no poll'utants from this property shall enter adjacent or nearby surface waters. 10) Any fuel or chemical storage tanks shall be installed with protection against leakage or spillage due to corrosion, breakage, structural failure or other means. The design and installation plans will be submitted to the Health Department for approval Prior to installation. 11) Any toxic or hazardous waste generated at this site shall be properly handled and disposed of in accordance with Chapter '17e30, F.A.C. 12) The development shall re~ain onsite 85% of the stormwater runoff generated by a three (3) year-one hour storm per requirements of the Permit Section, Land Development Division. ) The property owner shall convey for the ultimate righteof~way of: (a) Knuth Road, 30 feet from centerltne, (b) Boynton Beach Boulevard, 60 feet from centerltne (approximately an a~ditional ~. feet~. ? A~I within 9'0 days of adoption of the Resolution by the Board of County Cbmmissioners; conveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. 14) The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard _to the north right%of=way of the L.W.D.D. LW24 canal concurrent with onsite paving and drainage improvements pursuant to a paving and drainage permit issued from the office of the County Engineer. The construction of Knuth Road shall also include the construction of a new structure over the LWDD L~24 Canal per.. the LWDD's requirements. This construction shall be credited toward.the Fair Share Impact Fee and the additional monetary contribution as determined in Condition No. 19. 15) The Developer shall convey to the Lake Worth Drainage District the north ftftyefour (54) feet of tract 8 for the required right-of-way of Canal No. L~24, by Quit Claim Deed or an Easement Deed in the form provided by said district, within ninety (90) days of adoption o~ the resolution by the Board of County Commissioners. I~ said Canal No. L~24 i~"piped, less conveyance may be required per the Lake Worth Drainage District requirements. '16) The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section for access onto Knuth Road and a permit from t~e Florida Department of Transportation for access onto Boynton Beach Boulevard. 17) A maximum of 10,900 square feet of general retail shall be permitted at ~u!l-bui!dout. · i8) The petitioner shall present a notarized Affidavit of Disclosure at the Zoning Authority meeting. 19) TbJ property owner shall pay a Fair Share Fee in the amoun= and ~anner required by the "Fair Share Contribution for:Road Improvements O~dinance" as it presently exists or as it may-~rom time to time be amended. The Fair Share Fee for this project presently is $16,797.00. Based on the Traffic Performance Standards (Category "B") , the Developer shall contribute $4,200 towards roadway improvements in the appropriate Impact Fee Zone. These funds shall be paid prior to December 15, 1985. If the Fair Share. Contribution for Road Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of ~ $4,200 shall be credited toward the increased Fair Share Fee. If the certified cost is less than the construction in Condition No 14, the balance shall be submitted to Palm Beach County at time of issuance of the first building permit. 20) There shall be no automotive service station located on this site. 21) The petitioner shall not proceed to draw building permits until sewer and water agreements are entered into with the City of. Boynton Beach. PLANNING DEPARTMENT STAFF ~.~'w.~m~ The land use category requested must be considered as a part of an overall strategy for annexation. In keeping with stated City Council policy, this property should reflect an Office and Professional land use category and be zoned C-1 (See attached). 2. A site plan for the proposed development must be sub- mitted to the Planning Department and be approved by the City Council prior to annexation and rezoning. 3. The property owner shall convey for the ultimate riaht- of-way of: a. Knuth Road, 30 feet from centerline, be Boynton Beach Boulevard, 60 feet from centerline, (approximately an additional 15 feet). Ail within. 90 days of adoption of the Resolution by the Board of County Commissioners. Conveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. 4. The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard to the north right-of-way of the L.W.D.D. L-24 canal concurrent with on-site paving and drainage improvements pursuant to a paving and drainage permit issued from the office of the County Engineer or City Engineer, as appropriate. The construction of Knuth Road shall also include the construction of a new struc- ture over the L.W.D.D. L-24 canal per the L.W.D.D.'s requirements. This construction shall be credited toward the Fair Share Impact'Fee and the additional monetary contribution as determined in Condition No. 6. 5. The Developer shall convey to the L.W.D.D. the north fifty- four (54) feet of tract 8 for the required right-of-way of Canal No. L-24 by Quit Claim Deed or an Easement Deed in the form ~rovided by said District, within ninety (90) days of adoption of the Resolution by the Board of County Commissioners, If said Canal L-24 is piped, less convenance~ may be required per the Lake Worth Drainage District require- ments. 6. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project is $16,797.00. Based on the Traffic Performance Standards (Category "B"), the Developer shall contribute $4,200 towards roadway im- provements in the appropriate Impact Fee Zone. These funds shall be paid prior to December 15, 1985. }r.:::-cn T. ,MarcuS. ".-:-~ Chair Iien SFilli:~ J~n~' L. Owens Dorothy Wilken November q, 1985 Mr. Carmen Annunziato Planning Director City of Boynton ,Beach P.O. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33435-0310 Department of Engineering ~nd Public Works H. F. Kahie~t County Engin,~er . SUBJECT: Annexation Of The Sabra Project Location At The N.E. Quadrant Of Boynton Beach Boulevard And Knuth Road And The Capitol Professional Center Located At The S.E.Quadrant Of The Old Boynton Beach Boulevard And Knuth Road Dear Mr. Annunzlato: This is in reply to your request to this office for traffic related comments for the two subject projects, which are currently petitioning for annexation into the City of Boynton Beach. Given that both of these projects will put commercial traffic on Knuth Road, it is my recommendation that as a condition of approval, these projects-be required to obtain the .Right-Of-Way for and construct Knuth Road, as a 24 foot section with turn lanes as appropriate in a 60 foot Right-Of-Way, between Old Boynton Road and Boynton Beach Boulevard. Conditions of approval should require the provision.of construction plans and . Right-Of-Way documents necessary for this contructlon. Palm Beach County will commit to obtaining the necessarY.Right-Of-Way, using it's condemnation powers as necessary. Ns you know, the Sabra Project was previously approved in Palm Beach County as Petition No. 85-93. As you can see from the attached conditions of approval, this project was required to construct Knuth Road to the north Right-Of-Way line of the Lake Worth Drainage District Lateral No. 24 eanal.'It is my recommendation that all conditions imposed under the county approval be re-imposed as part of the conditions of annexation. Specific conditions which should be imposed on the capit, ol Professional Center follow: 1) Dedicate 40 feet from centerllne for the ultimate .1/2 Right-Of-Way for Old Boynton Road. 2) Dedicate 30 feet from centerline for the ultimate 1/2 Right-Of-Wgy for Knuth Dairy Road. BOX 2429 - WEST PALM BEACH, FLORIDA 33402 (305) t::),~,~-4000 C-3 Page Two. If the Fair Share Contribution for Road Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of $4200 shall be credited toward the increased Fair Share Fee. If the certified cost is less than the construction in Condition No. 4, the balance shall be submitted to Palm Beach County at time of issuance of the first building permit. There shall be no automotive service station located on this site. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 attached to the tract). Primarily, they were talking about the right-of-way north of the canal (from there to Old Boynton Road). Mr. Annunziato agreed with Chairman Ryder that it is a 'gap. Chairman Ryder said Capitol Development does not go all the way down to the canal because a private house is there. Mr. Annunziato said the property with a private home has a very large lot, not heavily developed. Chairman Ryder thought the Board should go to the 60 feet and, hopefully, it would be extended. He pointed out that it could be extended from funding for capital improvements. Mr. Annunziato said the issue here was that the applicant was objecting to putting up the money to buy the right-of- way. He did not believe the issue was the paving of the road. Mr. Kilday interjected that they own the area they are required to pave, so they have no problem giving the right-of-way and doing the paving. Their one problem with that letter is they are supposed to join in with another entity with regard to the area north' of them, which they are not required to pave. Mr. Kilday suggested that this should be a three way cooper- ative effort to develop the road that has to be developed for the sake of the owner immediately to their north: the petitioner, the County, and that owner. People will use that short cut because they know it is there. They will pave that, but Mr. Kilday wanted to see the County attleast use some of their impact fees for that small amount of access. Chairman Ryder asked what the intervening distance between the southern limit of the Capitol center and the private single family home is. Mr. Kilday answered, "790 feet." Mr. Annunziato advised that the issue was whether they wanted urban development to utilize a 30 foot farm road. In his opinion, he thought they would not. Mr. Kilday agreed because their center is that much better with the road going all the way through, but it was a question of how people should get it together. He reiterated that they have a meeting set up with the County to suggest the three way effort, but they did not know about this in time to do any- thing about it. Maybe the County will say, "Great", but they generally say, "If you will do it, we won't." With regard to the height limitation, Mr. Kilday told the Board Members the petitioner would be asking the Council to allow them to move ahead with building permits in Palm Beach '3) Dedicate a safe corner (the long chord of a 25 foot radius) at the intersection of the above Rights-Of-Way. ~ 4) Pave Knuth..Dairy Road from Old BoyntOn Road to connect to the bridge over the L-24 canal in coordination With the Sabra Project. -- 5) Modify the existing pavement markings on Old Boynton Road to provide a two-way left turn lane from Knuth Road to Mall Access Road "A". It is also recommended that these projects Jointly hire an engineer for the preparations of the plans. That the cost of construction be split at the north line of the Lake Worth Drainage District Lateral No. 24 canal, with'Sabra bearing the cost south of this llne and Capitol Professional · Center bearing the cost north of this line. The cost of the Right-Of Way documents and the Right-Of-Way costs woUld be shared between these two prOjects based on their traffic generation. Capitol Professional Center's share would be 56~, and Sabra Project's would be 44%. It is also recommended that building permits not be issued for these projects until such time as the contract fpr the construction of Knuth Ro~d has been let. Your continued cooperation in these matters 6'f mutual interest is sincerely appreciated. Sincerely, OFFICE OF T. HE COUNTY E~GINEER Charles R. Walker, Jr., P.E. Director, Traffic Division CRW: bem