AGENDA DOCUMENTS
MEMORANDUM
September 28, 1989
TO:
Raymond Rea, City Attorney
THRU:
George N. Hunt, Interim City Manager
THRU:
Carmen S. Annunziato, Planning Director
FROM:
James J. Golden, Senior City Planner
RE:
Knollwood Groves - Staff Comments
Accompanying this memorandum you will find a copy of the agenda
packet for the above-referenced rezoning request. There are
staff comments contained within the staff report prepared by the
Planning Department (see last page) and within Exhibit "H".
Please note, however, that the comment within the staff report
which recommends that the project be phased according to the
construction of roadway improvements was modified by the City
Co~~ission, upon recommendation from the Planning and Zoning
Board, to require only those roadway improvements proposed by the
developer.
These changes are outlined in the attached copy of the City
Commission agenda memorandum dated September 13, 1989.
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MEMORANDUM
September 13, 1989
TO:
George N.' Hunt, Interim City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Planning and Zoning Board Meeting September 12, 1989
Please be advised that the Planning and Zoning Board met on
Tuesday, September 12, 1989, and took action as follows:
1. Scheduled a workshop with the Community Redevelopment Agency
to be held on Thursday, September 14, 1989 at 7 PM in the
Commission Chambers.
2. Scheduled a workshop to continue the review of Chapter 19 to
be held Wednesday, September 27, 1989 at 7 PM in the
Conference Room located on the 2nd floor of the West Wing.
The Chairman requested additional input from all staff to be
distributed to the Planning and Zoning Board members as soon
as possible so that final drafts can be presented at the
Planning and Zoning Board meeting of October 10, 1989.
3. At the request of the Chairman, the Board moved the Steam
Cleaning Ordinance to Par. 5, Communications and An-
nouncements. After discussion, a motion was made to
recommend approval of the ordinance as proposed.
4. Recommended approval of the request of Delfin F. Menendez to
abandon an 80 foot wide collector road (Citrus Glen Drive)
and a 60 foot wide local street (Citrus Avenue) as well as a
request for approval of an amended site plan for the
expansion of a private security system, subject to proviso.
The motion to recommend approval was made by 'Mr. Richter and
seconded by Mr. Collins. The vote was 4-3 with Messrs.
Blanchette, Richter, Collins and Walshak voting in the
affirmative and Messrs. Lehnertz, Howard and Zimmerman
voting in the negative.
5. Recommended approval of a request by Urban Design Studio to
rezone lands located in the southeast corner of Lawrence
Road and Hypoluxo Road to provide for the Knollwood Groves
PUD, subject to proviso. The motion was made by Mr. Richter
and seconded by Mr. Howard. The vote was 6-1 with Messrs.
Blanchette, Richter, Collins, Walshak, Howard and Zimmerman
voting in the affirmative and Mr. Lehnertz voting in the
negative.
6. Unanimously recommended approval of the request submitted by
Roy Barden to amend the conditions of approval previously
imposed on the zoning of the High Ridge Center, subject to
proviso. Motion was made by Mr. Blanchette and seconded by
Mr. Lehnertz.
Unanimously recommended approval of the request submitted by
Charles Gilbert to replat portions of Tracts 1, 2, and A of
Summit Plat No.1 of Hunter's Run "Southport" and Tracts 14
and 15 of Summit Plat No.1 of Hunter's Run "The Woods",
subject to proviso. The motion was made by Mr. Blanchette
and seconded by Mr. Richter.
8. Unanimously recommended approva~ of the request submitted by
Delfin F. Menendez to amend a previously approved site plan
to expand a building and site for Safety Kleen at Quantum
Park, subject to proviso.
7.
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AGENDA MEMORANDUM
September 13, 1989
TO:
George N. Hunt
Interim City Mana f1
Carmen S. Annunzi
Planning Director
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DESCRIPTION: Request submi' /J -,~: Ix:' iinvY E{ ~ r
McIntosh/Cowie, Inc., for rl ~ ~ .f?,.~ fJ~- and
R-1AAA (Single-Family Resid(A~ 6 -/~ tt, II' . I ~. lopment
with a land use IntensitY=4~p~c+~ ~~ff the
development of the Knollwoo~ ~LVV~~ ruv, ~U~aceu on ~ne east side
of Lawrence Road, south of Hypoluxo Road.
FROM:
RE:
RECOMMENDATION: After conducting a public hearing, the Planning
and Zoning Board recommended that the request submitted by Urban
Design Studio, agent for McIntosh/Cowie, Inc., to allow for the
development of the Knollwood Groves Planned Unit Development be
approved sUbject to the following:
1. Compliance with all staff comments (copy attached);
however, phasing of the project will not be required.
2. The applicant is to dedicate an additional .6 acres of
land for recreation and parks dedication purposes, or
pay a fee in lieu of land dedication, or pay dollars or
dedicate additional land in combination equal to the .6
acre requirement.
3. The applicant has agreed to pay $760,000 to improve the
roadway system in the area. This $760,000 is approxi-
mately equal to the money which would be paid in road
impact fees. In lieu of paying road impact fees, the
applicant has agreed to pay the cost to construct Miner
Road between Sandalwood Drive and the Citrus Glen
Planned Unit Development. Shese' funds will be made
available to Palm Beach County with' n twelv~LmQntlis_,. of,
. ~ezoning. Any funds remaining after the construction'
-of Miner Road will be escrowed to the County or surety
posted equal to the remaining amount immediately
following the Miner Road construction but not sooner
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than twelve months from the date of rezoning. The
money or surety pledged which remains unspent will be
directed to improving Hypoluxo Road between Lawrence
Road and Congress Avenue as a six-lane divided arterial
to include the preparation of plan documents. It is
intended that McIntosh/Cowie, Inc., will make available
the money necessary to construct this section of Miner
Road to coincide with the construction of Miner Road
immediately to the west at the time the developers of
Citrus Glen construct Miner Road along their frontage.
If the applicant is u ble to secure lans to construct
~ner oa, a conditions related to h~s responsibil-
ity to construct the abovementioned link are removed
and the applicant will be required to post surety equal
to $760,000 to Palm Beach County within 12 months of
rezoning or at the time of issuance of the first
residential permit, whichever comes first and to
commence the construction of Hypoluxo Road between
Lawrence Road and Congress Avenue at the time that 50%
of the dwelling units in the development have been
permitted. The City will support the applicant's
request for credits against road impact fees from Palm
Beach County.
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AGENDA MEMORANDUM
September 13, 1989
TO:
George N. Hunt
Interim City Manager
FROM:
Carmen S. Annunziato
Planning Director
RE:
Hunter's Run Tract L "The Woods" - Preliminary Plat
Hunter's Run Tract A "Southport" - Preliminary Plat
Please place the referenced items on the City commission agenda
for Tuesday, September 19, 1989, under Consent Agenda.
,
DESCRIPTION: Requests submitted by Charles N. Gilbert for
approval to replat portions of Tracts 14 & 15 of Summit Plat No.
1 of Hunter's Run Tract L "The Woods", and portions of Tracts 1,
2, and A of Summit Plat No.1 of Hunter's Run Tract A
"Southport".
RECOMMENDATION: The Planning and Zoning Board recommended
approval of these requests subject to staff comments, copies of
which are enclosed.
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September '13, 1989
TO:
George N. Hunt
Interim City Manager
FROM:
Carmen S. Annunziato
Planning Director
Safety Kleen - Site Plan Modification
RE:
Please place the referenced item on the City Commission agenda
for Tuesday, September 19, 1989, under consent agenda.
DESCRIPTION: Request submitted by Delfin F. Menendez for
approval of an amended site plan to allow for the expansion to
the building and site. Safety Kleen is located in Quantum Park.
RECOMMENDATION: The Planning and Zoning Board recommended
approval of this request subject to staff comments, copies of
which are enclosed.
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AGENDA MEMORANDUM
September 13, 1989
TO:
George N. Hunt
Interim City Manager
FROM:
Carmen S. Annunziato
Planning Director
Citrus Glen Drive Abandonment, Citrus Avenue
Abandonment, Citrus Glen Site Plan Modification
RE:
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Please place the referenced items on the City Commission agenda
for Tuesday, September 19, 1989. The two Abandonments should be
placed under Public Hearings. The Site Plan Modification should
be placed under Development Plans.
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DESCRIPTION: Requests submitted by Delfin F. Menendez, M.S.M.
Design Group for the following:
1. Abandonment of an 80 foot wide collector road (Citrus Glen
Drive) .
2. Abandonment of a 60 foot wide local street (Citrus Avenue).
3. The site plan modification for the expansion of the private
security system.
The project is located at the southeast corner of Lawrence Road
and Miner Road extended. '
RECOMMENDATIONS: After conducting a public hearing, the Planning
and Zoning Board recommended approval of the abandonments,
subject to staff comments, copies of which are attached. Under
development plans, the Planning and Zoning Board recommended
approval of the site plan modification, subject to staff
comments, copies of which are attached, including the additional
stipulation that legal documentation be provided to the City
Attorney for the combination of the plat of Executive Estates and
Citrus Trail under a single homeowners' association.
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AGENDA MEMORANDUM
September 13, 1989
TO:
George N. Hunt
Interim City Manager
FROM:
Carmen S. Annunziato
Planning Director
RE:
High Ridge Center - Rezoning
Please place the referenced item on the City Commission agenda
for Tuesday, September 19, 1989, under Public Hearings.
DESCRIPTION: Request to amend the conditions of approval
previously imposed on The High Ridge Center at the time of
rezoning. High Ridge Center is located at the southwest corner
of High Ridge Road at Miner Road extended.
RECOMMENDATION: After conducting a public hearing, the Planning
and Zoning Board recommended approval of this request subject to
staff comments, copies of which are enclo~ed.
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MEMo.RANDUM
August 23, 1989
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TO:
. nd Members
Cha~r~an a d zoning Board
Plann~ng an
S Annunziato
Carmen . .
Planning D~rector
Planned Unit Develo
Knollwood Groves _ File No. 302-
Rezoning Request
ment
FROM:
RE:
INTRODUCTION
. Inc., is
t for McIntosh/cowle, th
Urban Design studio, agen tract of land located near e
requesting that a 111.78 acre d and Lawrence Road be rezoned
southeast corner of HYPO~UX; 1~~~ (Single-Family Residential) to
from AG (Agricultural) an -. h Land Use Intensity=4 (PUn
a planned Unit Development w~\ 2~0 foot frontage on Hypolu~O
w/LUI=4) . The property has a , L nce Road The property 1.S
Road and a 1,337 foot frontage ~n a~re ove.
currently occupied by a commerc~al c~trus gr .
AND ZONING (see attached location map in
SURROUNDING LAND USE
Exhibit "A")
Abutting the subject parcel to the north is an 80 foot w~~e
right-of-way for the L.W.D.D. L-18 Canal and 108 foot Wl. e
right-of-way for Hypoluxo Road. Further to the north, acro~s
Hypoluxo Road is Santaluces High School, zoned PO (Publ1.c
Ownership) in Palm Beach County. Abutting the subject par~el to
the northeast is a vacant county pocket zoned RS/SE (S1.ngle-
Family Residential with a Special Exception). Abutting the
subject parcel to the east and southeast is the Meadows 300
Planned Unit Development. Abutting the subject parcel to the
south is the L.W.D.D. L-19 Canal. Further to the south, across
the L. W . D. D. L-19 :Canal, is the Lawrence Grove Planned Unit
Development which is currently under construction. Abutting the
subject parcel to the southwest is the Lawrence Road right-of-
way. Further to the west, across Lawrence Road, is a commercial
nursery and tree farm zoned AR (Agricultural-Residential) in Palm
Beach County. Abutting the subject parcel to the northwest is a
county pocket zoned AR, which is occupied by a large residential
lot and a nursery. Abutting this pocket to the north is a 9.3P
acre parcel zoned R-IA (Single-Family Residential) which Wtfi~v
recently annexed into the City under the name Jonathan IS Grov.
Abutting Jonathan I s Grove to the north are five large singl;
family lots and a nursery zoned AR in Palm Beach County.
PROCEDURE:
This request for rezoning is being processed consistent wi tl
Section 9.C of Appendix A, Zoning, entitled "Comprehensive Plar.
Amendments; Rezonings" and Section 10 of Appendix B, Planned Unit
Developments, entitled "Procedures for Zoning of Land to PUD".
COMPREHENSIVE PLAN - FUTURE LAND USE MAP:
The underlying J.and use for that portion of the proposed PUD
currently zoned' R-lAAA is shown as "Low Density Residential" on
the future land use element of the Comprehensive Plan. This land
use category is consistent with the proposed gross density of the
PUD (4.82 dwelling units per acre). The underlying land use for
the remainder of the proposed PUD that is currently zoned AG is
shown as "Agriculture" on the future land use element of the
Comprehensive Plan. This land use is proposed to be changed to
1
"Low Density Residential" in connection with the future adoption
of the 1989 Comprehensive Plan. Therefore, approval of this
rezoning request will be contingent upon the adoption of the new
Comprehensive Plan and Future Land Use Element which would show
this property as "Low Density Residential". It is anticipated
that second reading of the ordinance to adopt the new Comprehen-
sive Plan will occur in November or December of this year.
COMPREHENSIVE PLAN - TEXT:
The fOllowing Comprehensive Plan policies are relevant to this
rezoning request:
1979 Comprehensive Plan
"Provide an adequate range of housing choices" (p. 6)
"Provide a suitable living environment in all neighborhoods"
(p. 6)
"Provide a range of land use types to accommodate a full range of
services and activities" (p. 7)
"Eliminate existing and potential land use conflicts" (p. 7)
"Encourage the development of complementary land uses" (p. 7)
"Provide adequate open space and recreation facilities and
programs to meet the needs of present and future residents"
(p. 7)
"Expand opportunities for water-related recreation" (p. 7)
"Coordinate the provision of open space and recreation facilities
within new private development to insure an adequate range of
recreation opportunities" (p. 7)
"Provide for efficient and safe movement within the City" (p. 7)
"Insure the adequate provision of roadway improvements by other
governmental agencies to meet the present and future travel
demands" (p. 7)
"Develop a system of routes for bicyclists and pedestrians to
encourage the use of alternative travel modes and provide for
their safety" (p. 7)
"Centralize and cluster high density residential development
around 'activity centers' created by arterial crossroads and in
other areas of high accessibility" (p. 39)
"In presently developed fringe areas encourage low to moderate
density planned developments having flexible development pro-
grams and phasing schedules, and which minimize the need for
external trips"
Potential Land use Conflict Area 15
Knollwood Groves
This 113 acre site at the northwest corner of
the City limits represents the only significant
citrus grove within Boynton Beach. In addition
to its importance to the local economy, it repre-
sents a valuable open space resource in an area
of the City which is experiencing land specula-
tion in anticipation of rapid development.
Although the present owners indicate a desire to
maintain the site in its present use, it is
recommended that land use controls be instituted
to limit its future use to agriculture and thereby
reduce pressures for more intensive development
as well as to afford potential property tax
benefits.
2
1986 Evaluation and Appraisal Report
A summary of these policies, including the requirement for
preservation of the citrus trees, can be found in the handout
entitled, "SUMMARY OF LAND DEVELOPMENT POLICIES IN CITY OF
BOYNTON BEACH COMPREHENSIVE PLAN" which appears in Exhibit "B".
1989 Proposed Comprehensive Plan
In addition to the general development policies which are
contained within the plan, the following site specific policies
are also included:
6.b. Knollwood Orange Groves
This 112-acre parcel contains the City's only
active citrus grove. Since this property lies
within the path of urban development, the land
use on this parcel should be changed from Agri-
cultural to Low Density Residential. Develop-
ment of this property should take into consider-
ation the single-family houses which lie to the
northwest, and the single-family projects which
lie to the south. Therefore, this property
should be developed as a planned unit develop-
ment, and any buildings constructed on these
parcels should be limited to a maximum height
of 2 stories (25 feet) within 150 feet and 3
stories within 400 feet of any existing or
planned single-family lots. Also, development
approval for this property should include a
requirement for dedication of a neighborhood
park site on the property (p. 80, Support
Documents, Vol. 1).
PROPOSED DEVELOPMENT (see copy of master plan in Exhibit "C")
The applicant is proposing to rezone from AG (Agricultural) and
R-IAAA (Single-Family Residential) to a Planned Unit Development
with a Land Use Intensity=4 (PUD w/LUI=4). The uses proposed in
the PUD and the acreages devoted to each are as follows:
LAND USE
ACRES
TOTAL
80.78
1.5
5.0
3.5
12.2
8.8
111.78
Residential
Day Care Center
Public Park
Private Recreation
Lakes/Open Space
Road Rights-of-Way
The master plan provides for the construction of 389 multi-family
dwelling units and 150 single-family dwelling units to be located
in two residential tracts within the PUD. The maximum building
height would be four stories (not to exceed 45 feet). The
private recreation facility would be located in the multi-family
housing tract. The day care center and the public park are
located in the southeast corner of the PUD.
Concerning roadways, two 80 foot wide collector roads are
proposed within the PUD: an east/west collector road which would
connect the Meadows 300 PUD to Lawrence Road, and a north/south
collector road which would link the east/west collector road to
Hypoluxo Road.
3
INFRASTRUCTURE
Water Distribution System
The developer is proposing to serve the site by connecting to an
existing 16 inch water main located on the east side of the
Lawrence Road right-of-way. The system will be looped by
connection to a proposed 12 inch water main to be constructed
along the south side of t;.he Hypoluxo Road right-of-way and by
connection to an existing 8 inch water main at the connection to
Meadows Boulevard in the southeast corner of the site.
Sewage Collection System
The developer is proposing to serve the site by connection to an
existing 8 inch force main located on the west side of the
Lawrence Road right-of-way. A lift station will be provided
within the single-family tract to provide for the needs of the
PUD.
Public and Private Recreation
The developer is proposing to dedicate a 5 acre park site as part
of the subdivision requirement for public parks and recreation
pursuant to Section 8, Article IX, of Appendix C. Of the 5 acre
total, 2.1 acres represent the dedication for the single-family
units and 2.9 acres represent the dedication for the multi-family
units. An additional 0.6 acres required as part of the single-
family dedication will be converted to dollars and paid to the
City. For the remaining 2.9 acres required for the multi-family
dedication, the developer is requesting a 50% credit pursuant to
Section 8, Article IX, of Appendix C, and is proposing to provide
the following five private recreation items:
1) Children's Play Apparatus
2) Landscape Park-like and Quiet Area
3) Game Court Area
4) swimming Pool
5) Recreation Center Building
The 5 acre public park is proposed to be located adjacent to an
existing 4.02 acre public park dedication site in the Meadows 300
pun, to provide a larger public park facility. The above
recreation package appears to be sufficient to meet the needs of
the residents in this project and the surrounding area.
Topography, Soils and Vegetation
Information on existing elevations and soils has not been
provided at this time. Concerning vegetation, the site is
currently occupied by a mature citrus grove. The perimeter of
the site is covered with invasive plant species such as
Australian Pine, Brazilian Pepper and Melaleuca. In addition,
there is a cluster of approximately 20 slash pines located in the
south central portion of the site.
Based on the available information, there should be no
impediments to the development of the site as a result of
environmental constraints. However, care should be taken to
preserve the slash pines and citrus trees, where possible, with
the exception of the exotics.
4
Drainage
A conceptual drainage scheme has not been provided at this time.
Therefore, the drainage system will be evaluated during future
stages of the approval process. However, a drainage statement
prepared by the project engineer which describes the details of
the proposed drainage system has been provided and appears in
Exhibit "D".
Schools
The School Board has reviewed the proposed PUD and has indicated
that students generated by this project will substantially
overcrowd public schools in the area (see copy of analysis in
Exhibit "E"). The School Board does not support approval of
residential developments having a negative impact on existing
school facilities without contribution of lands or funds to
partially offset that impact.
Roadway Capacity Analysis
As a result of the adoption of the new Growth Management
Legislation, it is appropriate to review all rezonings and/or
Comprehensive Plan amendments on the basis of infrastructure
capacity. This is particularly important when attempting to
analyze whether or not the thoroughfare plan as adopted provides
enough capacity to meet the needs of any request which will
intensify the level of land development, thus potentially
creating more traffic than the system was designed to carry.
The traffic analysis submitted by the developer was subjected to
review by Palm Beach County at the request of the City. The
basis for review by the City is the 1986 Evaluation and Appraisal
Report (Ordinance 86-54). In both instances, Level of Service C
has been adopted for average annual daily traffic and Level of
Service D for peak hour and peak season conditions.
The roadway improvements proposed to be constructed by the
developer, as outlined on page 15 of the traffic report prepared
by Kimley-Horn and item No. 8 on the correspondence from Robert
E. Basehart dated August 11, 1989 in Exhibit "F", would not
satisfy the requirements of the Palm Beach County Traffic
Performance Standards Ordinance and, therefore, would also not
satisfy the requirements of the 1986 Comprehensive Plan
Evaluation and Appraisal Report.
Accompanying this memorandum as Exhibit "G" you will find a copy
of the correspondence from the Palm Beach County Traffic
Engineering Division, which includes a review and recommendations
with respect to the developer's traffic analysis prepared by
Kimley-Horn. The County is recommending that in order to
minimize future roadway problems, the project should be subject
to phasing based on future roadway improvements for those
overcapacity segments constructed by the developer, or con-
structed by other developers and the government. The County
would be willing to work with the City to approve this project in
such a manner so as to not allow the project's traffic to create
an overcapacity problem on the local road network.
ISSUES/DISCUSSION
Section 9.c.7 of Appendix A, Zoning, of the Code of Ordinances,
requires the evaluation of plan amendment/rezoning requests
against criteria related to the impacts which would result from
the approval of such requests. These criteria and an evaluation
of the impacts which would result from the proposed development
are as follows:
5
a. Whether the proposed rezoning would be consistent with
applicable Comprehensi ve Plan policies. The Planning
Department shall also recommend limitations or requirements
which would have to be imposed on subsequent development of
the property, in order to comply with policies contained in
the Comprehensive Plan.
The proposed rezoning would be consistent with applicable Compre-
hensive Plan policies subject to the following limitations:
1) That all buildings constructed within 150 feet of
existing or proposed single-family lots, outside of the
boundaries of the PUD, should be limited to a maximum
height of 2 stories (25 feet) and all buildings con-
structed within 400 feet of same should be limited to
a maximum height of 3 stories.
2) That the project be phased based on future roadway
improvements for overcapacity segments, pursuant to
item No. 6 of the correspondence from the Palm Beach
County Traffic Engineering Division that appears in
Exhibit "G".
b. Whether the proposed rezoning would be contrary to the
established land use pattern, or would create an isolated
district unrelated to adjacent and nearby districts, or
would constitute a grant of special privilege to an
individual property owner as contrasted with protection of
the public welfare.
The proposed rezoning would be consistent with the land use
element of the Comprehensive Plan Evaluation and Appraisal Report
and the surrounding low density residential land use pattern that
currently exists in the vicinity. The proposed rezoning would
not constitute a grant of special privilege to an individual
property owner as contrasted with the protection of the public
welfare, if approved subject to staff comments.
c. Whether changed or changing conditions make the proposed
rezoning desirable.
The portion of the site currently owned by Knollwood Groves and
zoned AG (Agriculture) was originally placed under the "Agricul-
ture" land use and zoning categories at the request of the
property owner to protect the agricultural status of the property
and for property tax benefits. Since that time, this area of the
Ci ty and the Reserve Annexa tion Area has experienced increased
land speculation and urbanization. More recently, in connection
with the transmittal of the proposed 1989 Comprehensive Plan to
the State, the developer (contract purchaser) requested that this
property be shown as "Low Density Residential" on the Future Land
Use Element of the Comprehensive Plan in connection with the pro-
posed development of the site as a planned unit development. The
City Commission approved this request and it was incorporated
into the plan prior to transmittal. Based on the above, it can
be concluded that changed conditions make the proposed rezoning
desirable.
d. Whether the proposed rezoning would be compatible with
utility systems, roadways, and other public facilities.
The proposed rezoning would be compatible with utility systems,
roadways, and other public facilities, subj ect to the comments
from the Utilities Director in Exhibit "H" and the County Traffic
Engineer in Exhibit "G", concerning project phasing based on
construction of roadway improvements.
e. Whether the proposed rezoning would be compatible with the
current and future use of adjacent and nearby properties, or
would affect the property values of adj acent and nearby
properties.
6
The proposed rezoning would be compatible with the current and
future low density residential land uses in the surrounding
vicinity. An adequate buffer should be provided, however,
between the proposed multi-family residential tract and the
existing and recently approved (Jonathan's Grove) residences
which lie to the west, in order to mitigate any affect upon
property values in this area.
f. Whether the property is physically and economically
developable under the existing zoning.
The property is currently zoned AG and R-IAAA. Under the AG
zoning category, the property could be utilized for a variety of
agricultural or conservation uses, or could be developed for a
maximum of 34 single-family residences on 2.5 acre lots. Under
the R-IAAA zoning category, the property could be developed for a
maximum of 86 single-family residences. The R-IAAA zoning
district also permi ts churches, ci ty-owned and operated
facilities, private recreational facilities, and educational-
related uses and facilities subject to Conditional Use approval.
The economic feasibility of developing these two properties under
the existing zoning cannot be easily determined due to the cost
of land, land development costs, etc. However, the feasibility
would appear to be unlikely, particularly for the Knollwood
Groves (AG) parcel, when compared to existing developments in the
Ci ty which were deve loped under greater in tens i ty ( i . e., the
Meadows 300 and Lawrence Grove).
g. Whether the proposed rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the
City as a whole.
Based on the proposed density and mix of uses shown on the master
plan, it can be concluded that the proposed rezoning is of a
scale which is reasonably related to the needs of the neighbor-
hood and the City as a whole.
h. Whether there are adequate sites elsewhere in the City for
the proposed use, in districts where such use is already
allowed.
There are few vacant parcels of significant size remaining in the
City that would allow for the development of this type of planned
unit development. In addition, these existing parcels would also
have to be rezoned to a PUD zoning category.
CONCLUSIONS/RECOMMENDATIONS
If developed in a manner consistent with staff recommendations,
the proposed planned unit development would be consistent with
Comprehensive Plan policies and would not have an adverse impact
on adjacent single-family residences and the road network in the
vicinity. Therefore, it is recommended that the application for
rezoning submitted by Urban Design Studio be approved subject to
the limitations outlined under item "a" of the section entitled
"Issues/Discussion" and the attached staff comments in Exhibit
"H" of this memorandum.
~
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SUMMARY OF LAND DEVELOPMENT POLICIES
IN CITY OF BOYNTON BEACH COMPREHENSIVE PLAN
(for use by applicants for si~e plan and subdivision approval)
The following report consists of a summary of the policies contained in
the Boynton Beach Comprehensive Plan, as amended by the 1986 Evaluation
and Appraisal Report, that are concerned with land development. These
policies should be reviewed by applicants for site plan and subdivision
approval, in addition to regulations contained in the City's Code of
Ordinances. According to state law, all land development in the City
must comply with policies contained in the Comprehensive Plan.
E~g2g~~E~iQQ_Qf_~2~i~g_~gg~~2~iQQLB~mQ~21_Qf_~~Q~i~_~ggg~~~iQQ
Native vegetation must be preserved in accordance with the Tree
Preservation Code. Existing trees must be preserved to the maximum
extent possible, however, as opposed to replacing existing trees.
Fruit trees must be preserved, to the maximum extent possible, when
groves are developed.
All Melaleuca, Brazilian Pepper, and Australian Pine which occur on sites
which are to be developed must be removed, and are prohibited in
landscaping.
A minimum of 25 percent of all native plant communities which occur on a
site (e.g., Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood
Hammock, etc.) must be preserved intact, including canopy, understory,
and ground cover.
Development which is incompatible with on-site native scrub habitat is
di scouragE?d.
~QQ2Qgg~gQ_2~g~ig2_E~g2g~~2iiQQ
(:)11. si tes o-F over 1 <) acres ~''Jh i eh ar-e propo~;ed for .development must be
surveyed to determine whether or not endangered or threatened species
occur- .
Where this survey indicates that plant or animal species designated as
endangered or threatened on Federal, State of Florida, or Florida
Committee on Rare and Endangered Plants and Animals lists are resident
on, or otherwise are significantly dependent upon property proposed for
development, developers are required to prepare a plan, in consultation
with the Florida Game and Freshwater Fish Commission and the U.S. Fish
and Wildlife Service, for protecting that representative population.
Protection must be provided to the satisfaction of these agencies prior
to development approval being granted by the City. The continued
page 1
.-
preservation and proper management of this endangered or threatened
species habitat is required.
b~QQ2Se2iQg_Bgg~i~g~gQ~g
At least 50 percent of all trees used in landscaping must be native
species adapted to sail and climatic conditions an the site.
At least 30 percent of all landscaping material other than trees, which
is obtained from off-site sources, must be native plant material adapted
to soil and climatic conditions on the site.
The City's Forester/Horticulturist should be consulted with regard to the
maximum number of trees of anyone species which can be planted.
In some cases, landscaping and irrigation of public rights-of-way
adjacent to the development may be required. Consult the Planning
Department concerning this requirement. Where the median strips in
collector or arterial streets adjacent to developments are being
constructed by the developer, curbs must be constructed to comply with
FDOT requirements for median plantings, wherever possible.
Property owners are encouraged to plant flowering trees and bushes using
a list of recommended plants. The City's Forester/Horticulturist should
be consulted concerning this list of plants.
Icr:.i92tiQQ
The use of nonpotable sources of irrigation water (i.e. from on-site
wells or lakes) is required, wherever available.
sCQi'!iQQ_G.;QQ:!;.CQ1-
The use of fences, wetting operations, seeding and mulching, phased
clearing, and other soil treatment techniques to control blowing sand is
required. Seeding and mulching is reouired if construction does not
commence within 30 days of completion of clearing work.
~2:!;.2Qli2~~~Qt_Qf_U2:!;'i~g_~~g~:!;'~:!;'igQ_8r.Q~QQ_~=2tg2~_~g:!;'1~QQ2~_~QQ
g~~2~~:!;.~~_~~Qit2t
A buffer zone of native upland vegetation must be provided and maintained
around wetland and deepwater habitats with an area of one-half (1/2) acre
or more, which are constructed or preserved on-site, in accordance with
the following provisions:
The buffer zone may consist of preserved or planted vegetation, but
page 2
--
l' ,\
shall include canopy, understory, and ground cover of native species
only. The density of trees shall be such that a 50% canopy is
provided at the shoreline. The City's Forester/Horticulturist
should be consulted regarding the species of plants that are
acceptable in this littoral zone.
The edge of this native upland habitat shall begin at the upland
limit of the wetland or deepwater habitat and shall include a total
area of at least 10 square feet per lineal foot of wetland or
deepwater habitat perimeter. This upland edge habitat shall be
located such that no less than 50 percent of the total shoreline is
buffered by a minimum width of 10 feet of upland habitat.
~@tl~Qg_~QQ_Q@~Q~~t@c_~~Qit~t_Ec~2~c~~tiQQ
Activity that results in the alteration, degradation, or destruction of
wetlands and deepwater habitats 1S prohibited, except when:
Such activity is necessary to prevent or eliminate a public hazard;
Such activity would provide direct public benefits which would
exceed that lost to the public as a result of habitat alteration,
degradation, or destruction; or
Such activity is proposed for habitats in which the functions and
values currently provided are significantly less than those
typically associated with sucti habitats and cannot be reasonably
restored, or
Such activity is water deoendent, or, due to the unique geometry of
the site, is the unavoidable consequense of development for uses
which are appropriate given site characteristics. However, in no
case shall such activity be allowed for the purpose of obtaining
fill.
Whenever any wetland or deepwater habitat is altered, degraded, or
dE?stro'}'ed ~ mi ti gc\ti on must be provi ded to -(.he ma:.: i mum e::tent techni callo.."
feaslble through the creation of a new wetland and deepwater habitat. or
through the restoration of degraded habi~~t~ or through the enhancement
of functions and values provided by e~isting h3bit~ts.
A vegetated and functional littoral =one must be established as part of
the surf3c2 water management system for all lakes WIth 3n area of
one-half (1/2) acre or more occurring on the property. Prior to
construction of the surface water management system for any phase ot a
project~ the developer is required to deSIgn management olan for the
wetland/littoral zone that will be developed as part of these systems.
This pL',\n mu'st: (1) Include typica.l cross ~;;ections of the surface ,-Ji:\ter
management system, showing the average water elovation and the -3 foot
contoUl~ (i.e.:. belo\o.J average elevation); (2) Specif')' how vegetation is to
be established within this zone, including the extent, method, type~ and
timing of any planting to be provided; and (3) Provide a description of
page ...:.
any management procedures to be followed in order to assure the continued
viability and health of the littoral zone. The littoral zone as
established should consist entirely of native vegetation and should be
maintained permanently as part of the water management system. The
City"s Forester/Horticulturist should be consulted regarding the species
of plants that are acceptable in this littoral zone. As a minimum~ 10
square feet of vegetated littoral zone per linear foot of lake shoreline
should be established as part of the surface water management system.
This littoral zone must occupy no less than 50% of the total length of
the shorel i nE'..
Mangroves, aquatic grass beds~ and other natural shoreline vegetation
should be preserved.. Dredge and fill activities along the Intracoastal
Waterway are stongly discouraged (see specific policies for wetlands
above) .
~~c~gQing_fQ~_~R~~ifi~_Y~g~
Electrical facilities require site plan review. These site plans should
address land use conflicts and aesthetic problems.
Maximum buffering, including vegetative screening~ is provided between
industrial developments and residential uses..
~i~~Qci~_~Qg_Gc~b~91Qgi~~1_2ii~2
Developers are required to stop construction 3nd immediately notify the
Division of Archives~ History and Records Management, in the Florida
Department of State, if archaelogical sites or artifacts are known to
exist or are discovered during construction. Proper protection to the
satisfaction of the Division must be provided by the developer.
EQ1.~si~2_f9.C_2g~~ifi~_E~c~g12_iQ_ib~_~it~_~nq_R~2~cyg_6QQ~~~tiQQ_BC~~
Areas Within City:
Specific recommendations for land use, =oninq, ty0e and intensity of use,
height of structures, access. and buffering are included under the
discussion of Areas 1-44 in the Land Use Element of the Comprehensive
Plan 1986 Evaluation and Appraisal Report (see attached map).
Development plans for parcels that lie within these areas must conform to
these recommendations (consult Evaluation ad Appraisal Report).
page 4
Areas Within Reserve Annexation Area:
Specific recommendations for annexation, land use, zoning, type and
intensity of use, height of structures, access, buffering, and
right-of-way annexation, are included under the discussion of Areas 45-72
in the Land Use Element of the 1986 Comprehensive Plan Evaluation and
Appraisal Report (see attached map). Development plans for parcels that
lie within these areas must conform to these recommendations (consult
Evaluation ad Appraisal Report).
~~igc=B~1~igQ_Bg~cg~iLQD_E~~iliiig2_~QQ_E~ct_giig2
Water-related private recreation facilities should be provided in
developments, wherever possible.
Lakefront park sites should be provided in residential developments,
wherever possible, where the City requires dedication of public park
area.
Qit~~2Y-2_2QQ_~iQ~~21t2
Bikeways must be provided in accordance with the City's bikeway plan, and
should be built along collector roads within subdivisions (consult
Planning Department). Routes for bicyclists and pedestrians must be
provided to encourage the use of alternative travel modes and provide for
their safety.
Q@Qi~~iiQQ_Qf_Bigbi=Qf=~~~_ilbQCQ~gQf~c@_El~Ql
Right-of-way must be dedicated as a condition (jf the platting or
development of property, in conformance with the Palm Beach County
ThorouqhfarD Plan.
E~im_~~2~b_~QYQi~_Eg~fgcm~Q~Q_~i~DQ2~Q~_gc~iD2D~~_ifQC_Cg2Q_im2CQ~@m~Dt~l
Compliance with Palm Beach County Performance Standards Ordinance IS
required, with respect to the provision of road improvements.
b~Y~!2_gf_~gcYi~@_fg~_BQ~~2
Development projects that would create 3,000 or more vehicle trips per
day or 250 or more single-directional trips in a one hour period must
demonstrate that the roadway system serving that development will operate
at a LevE'l. 0+ SE?vice "C" dLlI~ing annual i:\\lE-?rage conditions (typical daily
page 5
--
tl~<=l\/el), and Level of Ser-vicE' "D" dur-int.;:) peak Sea!50n conditions through
buildout. Standards for levels of service are contained in the Traffic
and Circulation Element of the 1986 Comprehensive Plan Evaluation and
Appraisal Report, and are the same standards used by the Palm Beach
County Traffic Engineer to evaluate traffic impacts. A development may
be phased to allow necessary road improvements to be made incrementally
as required to accomodate particular phases, assuming such improvements
are made in conformance with this standard.
ECQgcg22_Qi_~QD2ic~~iiQn_~itb_8g3Qg~i_tQ_BQ~Q_l~QcQ~gmgni2
Failure to initiate construction within :: year-s from the effective date
of the development order or other type of permission to begin development
shall subject the development to further consideration, unless the City's
Code of Ordinances contains more restrictive provisions. Construction
shall be deemed to have been initiated after placement of permanent
evidence of a structure (other than a trailer or mobile home) on the
site, such as pouring of slabs or footings, or any work beyond the stage
of excavation or land clearing.
Failure to maintain reasonable progress toward completion of development
after having initiated construction in a timely manner shall subject the
development to further consideration. Development shall be deemed to
have failed to maintain reasonable progress towards completion if a
certificate of occupancy has not been granted for square footage
specified in an approved development schedule by the dates specified in
t.t'o:'lt schedul e.
E~lm_g~~~b_~Q~DtY._E~ic_~b~ic_Bg~Q_lmQ~~t_Eg~
Road impact fees will be collected in accordance with Palm Beach County
Fair Share Road Impact Fee Ordinance.
Qg2igQ_Qf_BQ~Q2_~iibin_2~QQi~i2iQQ2
The alignment of roads in subdivisions must be coordinated with the
alignment of roads in adjacent subdivisions and in the general vicinity.
Major access roads through developments are required to be public
.:::;trr2E!ts.
~QD2ic~~tLQQ_Qi_tQg_fgllg~iQg_cg~Q?_Qy-_gg~~lgRgC2-Qf._~~~ttiQg_QCQQgctig2
~Qyg!gegc2_~i!!_bg_CggYiCgQ~__~gQ~Ylt_tb~_El~DQiDg_QgQ~CimgDt_~QD~QCDing
2Qg~ifi~_Cgg~icgmgDt~~
Connection of Meadows Blvd. to Lawrence Road at two locations. The two
rights-of-way which presently extend west from Meadows Blvd. (in the
Meadows 300 P.U.D.) should be extended through to Lawrence Road as public
page 6
:
~oads. These roads should be constructed by the developers of the
properties which lie to the west of the Meadows development.
Construction of Knuth Road as a collector~ from Old Boynton Road to
Woolbright Road. Knuth Road should be built as an urban collector in a
minimum 60 foot right-of-way, between Old Boynton Road and the L-25
Canal~ and an 80-foot right-of-way between the L-25 canal and Woolbright
Road. The costs of acquiring the right-of-way and construction of the
road should be borne by the developers of the parcels which lie along
t.h is cQt-r i dOI~.
Construction of S.W. Congress Blvd. from Congress Avenue to the future
Knuth Road corridor, as a public street.
Construction of the following Streets in the northeastern portion of the
City: N.E. 4th Street from N.E. 16th Ave. to N.E. 20th Ave., N.E. 17
Ave. to N.E. 4th Street.
Construction of S.W. 2nd Street fr-om S.W. 31st Ave to S.W. 34th Ave.
Widening the right-of-way and pavement on the street south of the new
F'ost Off ice.
Widening of N.W. 8th Avenue between Ocean Drive and Boynton Beach
Boulevard by the developer of the vacant portion of Lake Boynton Estates.
Construction of S.E. 3rd Street, through undeveloped properties
immediately south of S.E. 18th Avenue.
Construction of N.W. 10th Street and N.W. 9th Ave. in the Laurel Hills
area. Dedication 0+ sufficent right-of-wav and costs of construction
should be borne by the developers of adjacent undeveloped properties.
Paving of Hoadley Road, from Old Boynton Road to the L-24 Canal.
Construction of N.W. 7th Court through to N.W. 4th Avenue.
Construction of ~.W. 5th Street, between N.W. 9th Ave. and N.W. 10th Ave.
Paving the west end of N.W. 11th Ave., immediately west of Seacrest Blvd.
Construction of N.W. 8th Avenue. between N.W. 1st Street and N.W. 2nd
E;tt-eet.
Construction of N.W. 2nd Street, between N.W. 6th Ave. and N.W. 8th Ave.
Construction of N.W. 7th Court. bQtween N.W. 2nd Street and N.W. 1st
Str-ec'lt.
Construction of N.W. 7th Ave. at N.W. 1st Street.
Construction of N.E. 6th Ave., between Seacrest Blvd. and N.E. 1st
St.re(-:?t.
Construction of N.E. 3rd Street, immediately north of N.E. 9th Ave.
page 7
.-
)
Improvement of the alley south of N.E. 22nd Ave., between N.E. 4th Street
and the F.E.C. tracks.
Improvement of the alleys north of Boynton Beach Boulevard, between N.E.
3rd and 4th Streets, and between Seacrest Boulevard and N.E. 1st Street.
Pavement of N.E. 3rd, 4th, and 5th Avenues, along west side of N.E. 3rd
Street. Unless abandoned, these streets should be paved and costs of
development borne by the owners of adjacent properties, wherever
possible.
Paving of Ocean Avenue, immediately west of N.E. 8th Street.
Construction of S.W. 6th Street, between S.W. 2nd Ave. and S.W. 5th Ave.
Construction of N.E. 1st Ave., between N.E. 3rd Street and the F.E.C.
tracks. Unless abandoned, this street should be paved and the cost of
construction borne by the owners of adjacent properties.
Construction of S.E. 2nd Street (also known and Railroad Ave.), from S.E.
8th Ave. to S.E. 10th Ave.
Construction of S.E. 3rd Street, between S.E. 20th Court and S.~. 21st
Avenue.
Widening of Railroad Avenue from N.E. 9th Avenue to N.E. 10th Avenue.
~~ci~~g_~~t~c_~~Q~g~~gQt
Surface water management systems must be designed and constructed to
retain or detain with filtration, as a minimum, the first one inch of
runoff or the runoff from a one-hour, three-year storm event, whichever
is greater. Stormwater management must conform in all other respects
with applicable provisions of t~e City's Subdivision 3nd Platting
Regulations, Flood Damage Prevention Ordinance, and Parking Lot
Regulations, as well as South Florida Water Management District
regul ,2'\t ions.
Surface ~ater and groundwater contamination from storm water runoff must
be minimized. through the use of swales, percolati~n areas, pervious
pavements, French and Dutch drai ns, and othr2r "best management"
pra.ctices.
~gmmgc~i~1_~Q~_lQ~~dtci~~_~~2tg
Commercial and industrial waste and materials must be managed so as to
prevent surface water and groundwater contamination
Hazardous waste must be disposed of in accordance with hazardous waste
management program administered by Palm Beach County.
page 8
Wellfields must be protected from groundwater contamination~ through the
provision of sanitary hazard easements and compliance with the Palm Beach
County Wellfield Protection Ordinance.
Oil and grease separation equipment and sedimentation traps must be
provided, where appropriate.
~QQQg~~i9Q_~Q_E~Qli~_~~~gC_QQg_2g~gC_gY2~gm2
Connection to public water supply is required.
Connection to the public sewer system is required.
~Q~gc_IcQQ2mi22iQQ_E~~ilitig2~
The Utility Department should be consulted concerning requirements for
the extension of water mains.
Water mains must be extended to the limits of property, in iccordance
with Palm Beach County Environmental Control Rule II.
gg~~gg_2~2~gm_ImQCQygmgD~2
The Utility Department should be consulted concerning requirements for
the extension of the sewage collection system and lift station
construction.
~QgCgY_~9Q2gC~~~iQD
Street, recreational, parking lot, and security lighting must utilize
sodium vapor, metal halide, or other energy-efficient lamps.
Developers are encourage to utilize energy-conserving building and site
design, plazas, landscaping, vegetation preservation, and open spaces.
Planned Unit Developments~ Planned Industrial Developments, and Planned
Commercial Developments are encouraged wherever possible, in order to .
allow preservation of open space~ extensive landscaping, and efficient
utili"ty lavouts.
Buildings are required to conform to the Florida Model Energy Efficlency
Code.
Planning Department
January 1987
page 9
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REGULATORY FRAMEWORK
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BOYNTON BEACH COMPREHENSIVE PLAN
PREPARED FOR . THE CITY OF BOYNTON BEACH. FlORIO"-
PREPARED BY' WAllACE. MCHARG. ROBERTS 61000 1Vl'8
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SIMMONS & WHITE, INC.
Engineers. Planners · Consultants
June 15, 1989
Job No. 89-052
DRAINAGE STATEMENT
Knollwood Grove P.U.D.
Boynton Beach, Florida
The proposed residential project contains approximately 112 acres
and is located in the southeast quadrant of the intersection of
Hypoluxo Road and Lawrence Road. It is bound on the south by
Lake Worth Drainage District Canal L-19. Canal L-18 lies between
the site and Hypoluxo Road. For details of site layout and more
precise location, see master plan by Urban Design Studio.
The on-site drainage system will consist of a combination of
swales, gutters, catch basins and storm sewers directing runoff
to the project lakes. Legal positive outfall may be obtained by
a piped connection to either Canal L-18 or Canal L-19. Outflows
must be regulated by a control structure with a bleed-down
device.
The project lies within
District and South Florida
drainage basin.
the boundary of Lake Worth Drainage
Water Management District C-16 Canal
Design considerations will include the following:
1. On-site detention of the runoff of the 3 year, 1 hour
rainfall event.
2. Roads and parking lots will be protected from flooding
during a 3 year, 24 hour event.
3. Finished floors will be set at or above the 100 year
flood plain with a zero discharge condition assumed.
4. Off-site discharge into Lake Worth Drainage District
Canals is limited to 62.6 CSM for the 25 year return
frequency design event.
5. Due cons~deration given to water quality.
Permits will be required from South Florida Water Management
District, Lake Worth Drainage District and City of Boynton Beach.
~~J;~
Charles J. S~mons, P.E.
Florida Certification No. 15012
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
~'88
LAKE WORTH DRAINAGE DISTRICT
~
13081 MILITARY TRAIL
DELRAY BEACH. FLORIDA 33484
June 19, 1989
Ms. Anna Cottrell
Project Planner
Urban Design Studio
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409-6582
Re: KNOLLWOOD GROVES PUD - YOUR REF. #19053.01
Dear Anna:
The referenced development will have positive drainage
outfall into both Lateral Canal No. 18 and Lateral Canal No.
19 provided water quality and quantity meet current
standards.
No additional right-of-way will be required for Lateral
Cana 1 No. 18.
Lateral Canal No. 19 will have to provide additional
right-of-way as shown on the survey for the site. In
addition some work will have to be done along the North bank
of the canal to reduce its width to the design section or in
lieu of this, additional easement can be given to provide a
35 foot maintenance berm.
By copy of this letter, we respectfully ask the City of
Boynton Beach to condition any action on this development so
that the developer has to address the L-19 canal to our
satisfaction and needs.
Very truly yours,
LAKE WORTH DRAINAGE DISTRICT
rSJdaJ2 4 ~~
Richard S. Wheelihan
Ass It. Manager
RSW: jma
cc: Don Jaeger, Zoning Official, City of Boynton Beach
Patrick A. Martin, P.E., LWDD
Delray Beach & Boca Raton 498-5363 . Boynton Beach & West Palm Beach 737-3835
Board 01 Supervisors
George McMurrain
C. Stanley Weaver
Kermit Dell
Secretary/Manager
William G. Winters
Assistant Manager
Richard S. Wheelihan
Attorney
Adams. Perry & Schone. P.A.
SIMMONS & WHITE, INC.
Engineers. Planners · Consultants
June 15, 1989
Job No. 89-052
Revised June 26,1989
Water and Wastewater Demand
Knollwood Groves P.U.D.
Boynton Beach, Florida
Knollwood Groves P.U.D. is a proposed residential development
located in the southeast quadrant of the intersection of Hypoluxo
Road and Lawrence Road. The site contains approximately 112
acres and is planned for 539 dwelling units and a day care
center. For more precise location, please see attached location
sketch. For details of site layout, please refer to master plan
by Urban Design Studio.
At this time, the subject property contains approximately 85.7
acres that a~e zoned Agriculture and the demand for water and
wastewater services on this portion is essentially zero. The
remaining 26.3 acres is zoned R1AAA allowing a density of 3.48
D.U. per acre or a total of 91 dwelling units. The current
potential demand for water and wastewater is estimated as
follows:
91 D.U. @ 350 gpd/D.U.
,
31,850 gpd
=
Water and wastewater service demand at project build out under
the proposed P.U.D. is estimated as follows:
Day Care
148 children and staff @ 15 gpd/person
=
2220 gpd
Residential
539 D.U. @ 350 gpd/D.U.
= 188.650 gpd
TOTAL ESTIMATED DEMAND
190,870 gpd
c~lo1!.~
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965.9144
EXHIBIT "E"
THE SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA
3323 BELVEDERE ROAD
P.O. BOX 24690
~ST PALM BEACH, FL 33416-4690
407684-5000
THOMAS J. MI LLS
SUPERINTENDENT
OF SCHOOLS
June 20, 1989
RE: Impact Analysis - Knollwood Groves P.D.D., Boynton Beach, Florida
This statement is provided in fulfillment of Chapter 235.193, Section 2, Florida Statutes to
ensure that public education facilities are coordinated with plans for residential
development. It addresses the concerns of the Palm Beach County School Board as they
specifically relate to the anticipated impact of the construction of 150 single family and
multi-family dwelling units located within the proposed Knollwood Groves P.D.D. in
Boynton Beach.
The construction of this development will not have an adverse impact on School Board
efforts to racially balance area schools.
A study was conducted utilizing demographic multipliers for Palm Beach County to
estimate the number of students which would be generated from this type of development.
Because no information was provided as to the number of bedrooms to be found in the
single and multi-family residences, it was assumed that dwelling units were a blend of
two, three, and four bedroom residences. The Growth Management Center estimates 50
elementary, 31 middle and 35 high school students will be generatep by the project.
The geographic area in which this development will be located is presently served by
Rolling Green Elementary, Congress Middle School and Santaluces High. Following is a
breakdown of current attendance for each school as of April 12, 1989, current capacity
and recommended ultimate capacity as noted in the Educational Plant Survey, Palm Beach
County, February 1986.
Rolling Green
Elementary
Congress
Middle
Current Membership
Current Permanent Capacity
Recommended Permanent Capacity
888
570
546
1024
1356
1162
Santaluces
High
2373
2057
2023
Students generated by the Knollwood Groves P.D.D. will substantially overcrowd public
schools in the area. The School Board does not support approval of residential
developments having a negative impact on existing school facilities without contribution
of land or funds to partially offset that impact.
WVH:LSH:lm
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City of Boynton Beach
Developer
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EXHIBIT "F"
-~---
.-------
EXHIBIT "G"
Board of County Commissioners
Carol J. Elmquist, Chairman
Karen T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard
Carole Phillips
County Administrator
Jan Winters
Department of Engineering
and Public Works
August 1, 1989
Carmen S. Annunziato, AICP
Planning Director
City of Boynton Beach
200 N. Seacrest Blvd.
P.O. Box 310
Boynton Beach, FL 33435
SUBJECT:
TRAFFIC IMPACT ANALYSIS FOR KNOLLWOOD GROVES, P.U.D.
Dear Mr. Annunziato:
The Palm Beach County Traffic Division has reviewed the Knollwood Groves, P.U.D.
project and offers the following comments for your consideration:
1) (P.7. Background Traffic) The 8% growth rate assumed to apply to all links
(except Hypoluxo Road east of 1-95) appears low in light of historical
growth on area roadways. The fo 11 owi ng approxi mate growth rates by roadway
reflect data from the past three years:
Congress Avenue
Hypoluxo Road (west of 1-95)
Lawrence Road
Mil itary Tra i 1
N.W. 22nd Avenue
17% - 27% Per Year
11% - 14% Per Year
7.5% Per Year
3.5% - 9% Per Year
28% Per Year
2) (P.8., ASSU:"2d Construction) The following roadway improv~ment i~ not
yet bonded and therefore do not meet the definition of "assured
construction":
Congress Avenue (N.W. 22nd Ave. to Boynton Beach Blvd.)
6LD Boynton
West
3) (P.9., Link Evaluation) The following link should be added to the list
of those requiring improvement under the Palm Beach County Traffic
Performance Standards:
Congress Avenue (site access to Hypoluxo Road)
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.. An Equal Opportunity - Affirmative Action Emplox~r: ~ ~ ~
WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 ~
August 1, 1989
Carmen Annunziato
Page 2
4) (P.II., Intersection Analysis) The intersection of Meadows Boulevard and
Congress Avenue should also be analyzed because of the high volume of
traffic that appears to be using Meadows Boulevard to go east from the
site.
5) (Figure 5, Roadway Needs) A recommended westbound right turn lane is shown
at the intersect i on of Hypo 1 uxo Road and Lawrence Road. On Page 11,
however, it is stated that a separate eastbound ri ght turn 1 ane is
necessary at this intersection to meet the Performance Standard of LOS "C".
This is also confirmed by the critical movement analyses in the Appendix.
6) Although traffic capacity has not yet been exceeded on most of the area
roadways, there exists an incredible backlog of vested approvals in the
vicinity. The following roadway segments are indicated as being
overcapacity by buildout of this project:
Hypoluxo Road (Military Trail to 1-95)
Lawrence Road (Site access to Hypoluxo Road)
Congress Avenue (Boynton Beach Blvd. to Melaleuca Lane)
In order to minimize future roadway problems, this project should be
subject to phasing based on future roadway improvements for those
overcapacity segments by the project developer or by other
devel opers/government. We wi 11 be happy to work wi th you further in
developing appropriate conditions for this project.
As always, we appreciate the opportunity to comment on this project. Please feel
free to contact me if you have any questions.
Sincerely,
OFFICE OF T E COUNTY ENGINEER
~4~
Allan A. Ennis, P.E., AICP
Development Review Engineer
Traffic Division
.
AAE:jr
File: Municipality "City of Boynton Beach"
aae\knollwoo.ann
EXHIBIT "H"
UTILITIES DEPARTMENT:
PLANNING DEPARTMENT:
PARKS & RECREATION:
FORESTER/HORTICULTURIST:
CITY ATTORNEY:
-
,
STAFF COMMENTS
KNOLLWOOD GROVES PUD
REZONING
See attached memo
See attached memo
See attached memo
See attached memo
See attached memo
To:
MEMORANDUM
From:
Date:
Subject:
Carmen Annunziato, Planning Director ~ l ~
John A, Guidry, Director of Uti liUes 1 ~
August 21, 1989 //
TRB Review - Knollwood Groves Master Plan
(Resubmi t ta 1 )
We can approve this project. subject to the following conditions:
dmt
bc:
1.
The lot layout does not lend itself to the maintenance of
optimum chlorine residual in the water distribution system.
The layout must be revised to allow better circulation of
potable water through the distribution system. This may
involve the creation of pedestrian pathways or common areas
over the water main and rear lot easements.
2 .
The minimum allowable size for water main easements along
side and rear lot lines is 20 feet. This is necessary to
maintain a safe minimum clearance of 10 feet between the
water main and proposed or future structures.
3.
Gravity sewer mains along rear and side lot lines must have
a minimum easement width of twice the depth plus 8 feet to
allow for safe excavation and repair, if necessary.
4 .
Utility easements may not overlap lake easements or water
management tracts.
5 .
As stated previously, the lift station and gravity sewer
system must be sized to serve the adjacent land tract to the
northwest. In addition, it should also be designed to accom-
modate the vacant tract to the east. Whereas the City code
does allow us to extend appropriate credits for oversizing
utilities, it does not address compensation for extensions to
adjacent properties. Reimbursement for additional costs
incurred by these extensions must be negotiated with the
appropriate landowner.
Peter Mazzella
MEMORANDUM
August 24, 1989
TO: Chairman and Members
Planning and Zoning Board
FROM: Carmen S. Annunziato
Planning Director
RE: Kno11wood Groves - Master Plan
1. Concerning the multi-family parcel (Tract A), a 40 foot
setback is required along the 80 foot wide collector road
(Section 9.B of Appendix B, Planned Unit Developments).
2. Concerning the required setback abutting the AR-zoned county
pocket and Jonathan's Grove, a 25 foot setback is required
along Jonathan's Grove and is recommended along the AR-zoned
parcels, as it is anticipated that these parcels will be
zoned single-family residential when annexed into the City.
Otherwise, the AR zoning would necessitate a 100 foot set-
back (Section 9.B of Appendix B, Planned Unit Developments).
3. Concerning the single-family parcel (Tract B), a 25 foot
setback is required along Lawrence Road (Section 9. B of
Appendix B, Planned unit Developments).
4. Right-of-way to be dedicated for Lawrence Road and Hypo1uxo
Road (if necessary) in accordance with the Palm Beach County
Right-of-Way Thoroughfare Protection Map, as referenced in
the Comprehensive Plan Evaluation Report (Ordinance 86-54).
5. All necessary right-of-way must be dedicated and permits
obtained from the Lake Worth Drainage District. (See attached)
6. A road "stub" should be provided for a future road connec-
tion to the unincorporated and undeveloped parcel which lies
to the east. Said connection should be made across from the
entrance to the multi-family tract to form a proper inter-
section, if possible.
7. A dense vegetative buffer should be provided between the
multi-family tract and the existing and proposed sing1e-
family lots which lie to the west.
8. Planned Unit Developments must be platted (Section II,
Appendix B, Planned Unit Developments). Only a boundary
plat shall be required for the multi-family parcel (Tract A)
and the day care center parcel. Rep1ats of these parcels
shall not be required.
r-
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CARMEN S. ANNUN~ATO
JJG:frb
Kn1grves
MEMORANDUM
TO:
James J. Golden
Senior City Planner
FROM:
John Wildner, Superintendent
Parks Division
DATE:
August 17, 1989
RE:
Knollwood Groves P.U.D.
We have reviewed the plans for Knollwood Groves. It is
understood that the developer plans to apply for 1/2 credit
towards the recreation impact fee for the multi-family section of
the P.U.D.
Prior to site plan approval, specific plans concerning location,
dimension, etc., need to be submitted concerning the five
recreation items required to qualify for the credit.
jA/~
n Wildner, Superintendent
arks Supervisor
JW:ad
DOC:A:KGROVES
cc:
Charles Frederick, Director, Recreation & Park Dept.
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RECEIVED
AUG 18 1989
PLANNING DEPT..
-...
"
MEMORANDUM
TO:
Carmen Annunziato
Planning Director
FROM:
Kevin J. Hallahan
Forester/Horticulturist
DATE:
August 18, 1989
Knollwood Groves (Master Plan)
RE:
The applicant should be aware she must submit the following as
part of the site plan.
1. Littoral zone and upland hardwood species plantings around
the lakes.
2. A relocation/tagging plan showing where transplanted citrus
trees will be moved.
3. A landscape/tree planting plan for the grass median on
Hypoluxo Road, adjacent to the site.
4. A dense vegetative buffer to provide a visual barrier along
the property adjacent to the existing single family houses.
~..---.' ~ ' ...;j., ~~
Kevin J. allahan ~
Forester/Horticulturist
LKJ:ad
DOC: A: KNOLLG
M E M 0 RAN DUM
-------
July 6, 1989
TO:
Peter L. Cheney, City CManager
FROM:
Raymond Rea, City Attorney
RE:
Knollwood Groves PUD - Rezoning Application
I have reviewed your Memorandum of July 5, 1989, and the
enclosures which I herewith return to you, and it is the opinion
of this office that the application meets requirements for
unified control as outlined in Section 6, Appendix B Land Use
Element of the CIty of Boynton Beach Code of Ordinances.
~~~
Raymond. Rea
City Attorney
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STATEMENT OF USE AND JUSTIFICATION
The Petitioner requests by this application a rezoning of the
subject 111.78 acre site, located generally southeast of the
intersection of Hypoluxo Road and Lawrence Road, from AG
(Agriculture), in part, and RIAAA (Single Family Residential), in
part, to PUD (Planned Unit Development).
proposed is a residential development consisting of 150 detached
single family units, 389 multi~family units, and a day care
center. Also proposed is the designation of a 5 acre site at the
southeast corner of the property for use as a public park.
The pro per ty' s con fig u rat ion, 10 cat ion, s i z e and i n her e n t
characteristic render it particularly amenable to the type of
development proposed for the folowing reasons:
- The site has a generally regular configuration. Its frontage
on both Hypoluxo Road and on Lawrence Road offers both a
desirable access situation and important visibility.
- The site is bounded on the south by the Lake Worth Drainage
District (LWDD) Canal L - 19, and on the north by the L - 18. A
conventional surface water management design can take advantage
of the legal positive outfall available through the LWDD system.
The subject property's size and regular configuration makes it
possible to utilize c~eative design solutions and a mix of
housing types in its development. Considerations in the planning
of the project made possible by the property's size include:
- the potential for a variety of land uses;
- efficiencies in arrangement of those land uses;
- enhanced opportunities for the provision of amenities, and
- the protection of residents within the development from
potentially incompatible surrounding land uses and the
mitigation of impacts of the development on adjacent
properties.
- There is no significant environmental feature about the
property and no circumstance or condi tion which would constrain
development of the site, nor which would particularly enhance its
development potential, other than that which is related to the
site's current use as a citrus grove. The property is virtually
devoid of significant native vegetation except for a small stand
of approximately 20 mature slash pines located in the central
south portion of the site. vegetation existing along the
perimeter of the property is exclusively exotic pest species,
primarily Australian pine and Brazilian pepper and a few small
Melaleuca trees.
B 1 : 19Jt~_3~-0.Lla
c!
The proposed development of the property is timely:
- the site is one of the largest remaining vacant tracts in the
City which is developable under unified control;
- all necessary infrastructure and public services, including
water and sewer, community recreation and park facilities, public
safety and schools, are available to service the project;
- the intensity of the development surrounding the site, the
speed with which the gene~al area is converting from the
traditional agricultural use to residential and commercial uses,
and the availability of other suitable agricultural land
elsewhere in the County, all combine to increase the value of the
property beyond the point where the current agricultural use is
reasonable or feasible.
The development of the site as proposed is consistent with the
patterns set for the City's western areas, i.e., moderate density
planned residential developments offering a range of housing
types and a certain degree of self-sufficiency with respect to
recreation and other community needs. The development design has
considered, and is entirely compatible with, the existing
Meadows PUD located immediately adjacent on the east and a
portion of the south property boundaries, and the Lawrence Groves
pun adjacent on the south.
The development of the day care center as proposed will allow the
opportunity to provide an increasingly critical service. The
proposed day care center is located in an area appropriate to
serve the subject project as well as residents in the immediate
vicinity. This proximity to client families offers an added
benefit in that traffic volumes associated with the project and
surrounding developments will actually be slightly reduced.
The proposed development also includes the dedication of a 5 acre
parcel in the southeast corner of the property for use as a
public park. This dedication is consistent with requirements of
the City's Comprehensive plan, and will further the City's levels
of service goals for neighborhood-serving parks and recreation
facilities.
In summary, the development proposed is compatible with the
character of the site and surrounding land uses, will generate no
unmitigated impacts on City services or infrastructure, is
timely, and, with the dedication of a 5 acre site for use as a
City park and the extension of Meadows Boulevard through the site
to Lawrence Road, will allow the furtherance of certain levels of
service goals as outlined in the City's comprehensive plan.
B I : 1_905 3 . 01 11
COMPARISON OF IMPACTS
That portion of the subject property which is currently zoned AG
(Agriculture) consists of 85.78 acres. That portion which is
zoned R1AAA (Residential Single Family) consists of 26 acres.
Pursuant to requirements for applications for zoning of land to
PUD (Planned Unit Development), the following information is
provided in order to compare impacts of the development allowed
under the current zoning with that which would occur with
development under the proposed zoning:
Development regulations for the AG district allow residential
development at density not to exceed .4 units per acre (1 unit
per 2 1/2 acres). This would permit the development of 34 units.
R1AAA regulations would permit development of 90 units (at a
maximum density of 3.48 units per acre). Total development then,
under existing regulations would be 124 units.
The existing comprehensive plan designation of low density
residential will allow a rezoning to PUD with a density not to
exceed 4.82 units per acre, or 539 units. The subject
application proposes a total development of 539 units.
Under existing zoning regulations, projected population at
"build-out" is 310 persons (124 units X 2.5 persons per unit).
Population at "build-out" for the proposed development is
projected to be 1093 persons (2.5 persons per single family unit
and 2 persons per multi-family unit).
It is anticipated that cohort proportions for the proposed
development will mirror that in the City currently. If the
multi-family develops as a rental project, it can be expected
that median age of the projected population will be slightly
lower than comparable condominium developments.
KNOLLWOOD
WRITTEN ASSESSMENT
OUR REF-29053.02
June 19, 1989
This site currently exists as a citrus grove. The perimeter of
the site is covered with invasive plant species such as
Australian Pine (Casuarina equisetifolia) and Brazilian Pepper
(Schinus terebinthifolius) and some scattered Melaleuca
(Melaleuca leucadendron. All invasive plant material shall be
removed from the site, prior to site development. There is one
area located along the south central property line where
approximately 20 Slash Pine (Pinus elliottii) exist. Preservation
of Pine trees that do not fall within roadways, building pads or
utility easements, will be made in accordance with the
preservation ordinance of the city of Boynton Beach. Due to
their large size, relocation of the Pine trees will not be
possible.
Several areas have been designated for the preservation or
relocation of some of the existing citrus trees to the entry
areas. The remaining trees will be evaluated on a lot by lot
basis and their preservation will be based on the individual lot
owner's discretion.
Sincerely,
ristian Andrea
Project Landscape Architect #1178
CA:mkb
Urban Urban Planning
Design Landscape Architecture
Studio Grephlc Design
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida
33409-6582
407.689.0066
Stuart, FL 407.283.0022
Newport Beach, CA 714.642.1090
B8:KNOLLWOO 1
HOMEOWNER'S ASSOCIATION ORGANIZATION
The initial master plan for this project consists of two major
parcels within which the proposed dwelling units will be
situated.
It is anticipated that a master homeowner's association will be
created by the developer and, pursuant to restrictive covenants
to be recorded in the public records against the applicable
property, all unit owners will become a member of this master
association. The master association will have responsibility for
the operation and maintenance of community-wide facilities,
including, but not limited to, major private streets, security,
street lighting, lakes and water retention areas, community
recreat ional faci I i ties, project entrances and buffer zones and
the like.
Due to the differing types of proposed units (single family
detached units and attached multi-family units), it is
anticipated that each parcel within the project will be governed
by a sub...,association. Each of these sub-homeowner associations
will be responsible for the operation and maintenance of the
grounds, open spaces, local recreational facilities and units
within its respective parcel. The membership of each sub-
association will be limited to the residents within the
respective parcels. This will be put into effect by virtue of
Declarations of Restrictions to be recorded in the public records
against each of the proposed two parcels.
The foregoing are the concepts of the homeowner's association
organization at this initial stage of the project planning and
design. Of course, the number of parcels and exact mixture of
units is subject to change as this project advances through the
approval and development process, and there may be corresponding
changes in the organization concepts.
June 20, 1989
City of Boynton Beach
Planning Department
P.O. Box 310
Boynton Beach, FL 33435
ATTN:
Carmen Annunziato, Planning Director
RE
KNOLLWOOD GROVES PUD
Dear Mr. Annunziato:
Pursuant to requirements for applications for zoning land to PUD
(Appendix B, Section 6 of the City of Boynton Beach zoning Code),
this letter shall serve as confirmation of the following:
A. As developer of the property, McIntosh/Cowie, Inc., will
proceed with the development plans for the Knollwood Groves PUD
according to the provisions of those zoning regulations and
conditions attached to the zoning of the land to PUD;
B. As developer, Mc In tosh/Cow ie, Inc. will prov ide agreements,
contracts, deed restrictions and sureties at the appropriate time
which are acceptable to the City for completion of the
development according to the plans approved at the time of zoning
to PUD and for continuing operations and maintenance of such
areas, functions, and .facilities as are not to be provided,
operated, or maintained at public expense, and
C. McIntosh/Cowie, Inc. shall bind successors in title to the
commitments stated in the preceeding paragraphs.
Sincerely,
.---.
...---- ~--~
'e, Inc.
T'"\" ... L.J"\ n....r "'" n ., , "'"
\.
AGENTS AGREEMENT
KNOLLWOOD GROVES PUD
JUNE 20, 1989
Before me, the undersigned authority personally appeared
PETER V. COWIE who being by me, first duly sworn on oath
deposes and says:
That he is the VICE PRESIDENT of MCINTOSH COWIE,
INC.
That MCINTOSH COWIE, INC. has entered into a
contract with KNOLL WOOD GROVES to purchase the
following described property, generally known as the
KNOLLWOOD GROVES PROPERTY.
(SEE ATTACHED LEGAL DESCRIPTION)
That MCINTOSH COWIE, INC. desires A REZONING OF THE
ABOVE DESCRIBED PROPERTY TO PLANNED UNIT
DEVELOPMENT.
That PETER V. COWIE, has appointed URBAN DESIGN
STUDIO and ROBERT E. BASEHART AND ANNA COTTRELL to
act as Agent to accomplish su ning.
, INC.
Sworn to and subscribed before me this
~day of 9t~/l/fJ-< , 1989
~~6.1t6F FLORIDA AT LARGE
NOTARY PUBUC STATE Of' f'LORIDA
MY COMMISSION EXPIRES JUNE 14. 1992
LEGAL DESCRIPTION
The East half of the Northwest',Quarter and the Southwest Quarter of
the Northwest Quarter of Section 7, Township 45 South, Range 43
East. Palm Beach County, Florida, containing 115.6363 acres more
or less.
LESS the East 424.33 feet of the Northwest Quarter of Section 7,
Township 45 South, Range 43 East, Palm Beach County, Florida,
containing 26.0000 acres, more or less.
'B' 407 272 4442
07/23/89 OS: >~'
P02
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AGENTS AGREEMENT
KNOLLWOOD GROVES PUD
JUNE 20, 1989
Before me, the undersigned authority personally appeared
PETER V. COWIE who being by me, first duly sworn on oath
deposes and says:
That he is the VICE PRESIDENT of MCINTOSH COWIE,
INC.
That MCINTOSH COWIE, INC. has entered into a
contract with CARNEGIE MULTI INTERNATIONAL, INC. to
purchase the following described property, generally
known as the KNOLLWOOD GROVES PROPERTY.
(SEE ATTACHED LEGAL DESCRIPTION)
That MCINTOSH COWIE, INC. desires A REZONING OF THE
ABOVE DESCRIBED PROPERTY TO PLANNED UNIT
DEVELOPMENT.
That PETER V. COWIE, has appointed URBAN DESIGN
STUDIO and ROBERT E. BASEHART AND ANNA COTTRELL to
act as Agent to accomplish suc nin .
Sworn to and subscribed before me this
o? ().>iA L day 0 f iJ" A /7l.,.l _
}1~'t/~6Bt~tir~ OF
NOTARY puauc STATE OF FLORIDA
MY COMMISSION EXPIRES JUNE 14, 1992
, 1989
~L6RIDA AT LARGE
- "'-----
LEGAL DESCRIPTION
The East 424.33 feet of the Northwest one quarter of Section 7,
Township 45 South, Range 43 East, Palm Beach County, Florida;
containing 26 acres more or less.
AGENTS AGREEMENT
KNOLLWOOD GROVES PUD
JUNE 20, 1989
Before me, the undersigned authority personally appeared
ROBERT C. OCHS, JR. who being by me first duly sworn on oath
deposes and says:
That he is the VICE PRESIDENT OF CARNEGIE MULTI
INTERNATIONAL, INC. fee simple title holder of the
following described property to wit:
(SEE ATTACHED LEGAL DESCRIPTION)
That CARNEGIE MULTI INTERNATIONAL, INC. desires A
REZONING OF THE ABOVE DESCRIBED PROPERTY TO PLANNED
UNIT DEVELOPMENT.
That ROBERT C. OCHS, JR. has the authority
individually or through his/her authorized agent to
consent to all conditions which may be imposed upon
such rezoning.
That ROBERT C. OCHS, JR. has appoi nted URBAN DESIGN
STUDIO and ROBERT E. BASEHART AND ANNA COTTRELL to
act as Agent on behalf of CARNEGIE MULTI
INTERNATIONAL, INC. to accJmp " sh he rezoning.
, f.~
R BERT CH , J .
VICK PRESIDENT
CARNEGIE MULTI INTERNATIONAL
INC.
Sworn to and subscribed before me this
o?QY-h _day of cr..L~f1.~ ' 1989
~~BL~~1A~tl6F FLORIDA AT LARGE
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXPIRes JUNE 14, 1992
, .."
. ............
.......
r
recei ve returned to Buyer all deposits paid pursuant to the
.
paragraphs lA and lB and all parties shall be relieved of any and
all obligations one to the other hereunder upon the return of such
deposits. ~Q BUYQr ia free to elect under the proviaionc of thi8
contract to terminate thic contract if the conditions imposed,
(iRCludi ng hut not 1 i mj ted to traffic impa.ct fees, l,;onstrul,;L.i.-en
~QS. t~p-in feeg, or othcr cl,acti nn~ from the City of BUYllton
Beaoh Qr other ~pplicable govornmpnTal authority), in tho BUYC~'5~A_AD0'
. g rv!,;C.
sole ~nQ uR:bridlad d.i.::.I,,;!: etiuu, llla.K.c: thc dC9Jclopment el,,;uJlulll.Ll,,;d1:ly f-
uafe~~e. ~ eloation may occur even in thQ eVGRt that the~
Buyer QbToi ns fa Z;OUilig aqui valent Lu 11-.:> dens~ ty unl L::. per acre.
The Buyer further, at Buyer's sole and unbridled discretion and
option, may elect to proceed with this transaction even in the
event such density is not obtained by Buyer and Buyer elects to
proceed with this transaction at a density lower than 4.5 density
units per acre.
The Buyer will keep Seller reasonably informed of the names
of all professionals employed by Buyer to achieve the approvals
contemplated by this paragraph 9 and furnish periodic updates of
the progress made to obtain such approvals.
10. Closing. The closing of the purchase and sale of the
property shall be held at a place the Seller may reasonably
designate in Palm Beach County. The closing of this transaction
shall take place on or before, at the option of Buyer, March I~,
1990. In the event the Buyer has not obtained all of the approvals
set forth and contemplated by paragraph 9 of this Real Estate
Purchase Agreement then Buyer, at Buyer's option, may elect to
10
-
extend the closing of this transaction for an additional ninety
(90) days to allow for Buyer to obtain such approvals. No
adjustments will be made to any other terms of the contract in the
event such option to extend the closing is elected by Buyer.
11. Taxes and Assessments. At the closing, Seller shall give
a credit to Buyer for the portion of such taxes for the year of
closing, prorated to the date of closing based on a 365 day year,
and if such taxes are undetermined for the year of closing based
upon the most recent available tax rate and valuation, recently
voted millage changes, change in valuations, or other matters
whether or not certified. Both parties agree that upon the
issuance of the current year's tax bill, for the year of closing,
that they will reprorate the taxes based on such actual tax bill.
12. Broker's Commission. Seller and Buyer hereby
acknowledge, represent and warrant to each other that no broker or
finder has been employed by either Seller or Buyer. Seller and
Buyer each warrant to the other that no commissions are payable by
Seller or Buyer or due to any broker or finder in connection with
this agreement or the transaction contemplated herein, and the
Seller and Buyer each agree to indemnify, defend, save and hold the
other harmless from and against the claimant of any commissions or
fees or claims for commissions or fees; it being expressly agreed
that the foregoing agreement of indemnification shall expressly
survive any closing under this contract.
13. Default by Buyer. In the event of the Buyer fails to
perform hereunder, including the failure to close this transaction,
then Buyer shall be deemed to be in default hereunder. The
11
S~ller's remedy shall be to terminate this contract and retain for
it's own use and benefit, as agreed upon and liquidated damages,
the proceeds of the deposit furnished by Buyer upon execution of
this agreement pursuant to paragraphs lA and lB, both parties shall
be relieved of all obligations, one to the other, under this
agreement.
14. Default by Seller. In the event the Seller defaults
hereunder by not curing any title defect, or by refusing to convey
the property hereunder, or otherwise defaults hereunder and the
Buyer has given the Seller notice, in writing, of such default and
thereafter the Seller fails to cure such default within ten (10)
days after receiving such notice, then the Buyer shall either have
a right to terminate this agreement and receive returned to it all
funds paid as a deposit hereunder or, alternatively, may seek the
right of specific performance against Seller hereunder, only.
15. Entire Agreement. This agreement constitutes the entire
agreement between the Seller and the Buyer and no amendment or
modification of this agreement may be made except by an instrument
in writing signed by both parties.
16. Binding Effect. This agreement shall be binding upon and
inure to the benefit of the Seller and the Buyer and their
respective heirs, personal representatives, successors and assigns.
17. Notices. Any notice or other communication required or
permitted to be given to a party under this agreement shall be in
writing and shall be deemed given when personally delivered to or
when deposited in the United States Mail, Certified Mail - Return
12
R~ceipt Requested, and with proper postage prepaid, addressed as
follows:
Seller - CARNEGIE MULTI-NATIONAL CORP. with a copy to:
Buyer -
McINTOSH COWIE, INC.
1555 Palm Beach Lakes Blvd.
suite 1415
West Palm Beach, FL 33401
With a copy to:
PAUL THIBADEAU
249 Royal Palm Way
Palm Beach, FL 33480
18. Time is of the Essence. The parties further agree that
time is of the essence and that time of performance by both the
Buyer and the Seller is an essential element of this agreement.
19.
Assignability.
Neither party shall have the right to
assign its rights under this agreement to any other person or
entity, without the specific written consent of the other party.
20. Both parties represent and warrant to the other that they
have the requisite authority to enter into this agreement and the
party executing this agre~ment has the authority to do so on behalf
of the party indicated.
21. In the event it becomes necessary for either party to
engage the services of an attorney to enforce the provisions of
this agreement then the prevailing party in any such litigation
that may arise under this agreement shall, in addition to whatever
.
other relief is obtained, have the right to recover from the other
party its reasonable attorney's fees and costs, including
attorney's fees incurred on appeal.
22. Simultaneous Closings. Buyer's obligations hereunder are
strictly contingent upon the Buyer closing the transaction
13
contemplated by this real estate purchase agreement simultaneously
with that certain purchase contemplated by a real estate purchase
agreement of even date between the Buyer and the KNOLLWOOD GROVES,
INC. Such properties are contiguous to each other and the Buyer
contemplates purchasing both properties at the same time. If for
any reason the Seller under such other contract referred to in this
paragraph is unable to convey title to the property, although the
Seller under this contract is able to do so, then Buyer, at Buyer's
option, may elect to terminate this agreement and receive returned
to him all of deposits paid hereunder pursuant to paragraph 1A and
1B and the parties, upon return of such deposits shall be relieved
of any and all obligations one to the other. The Buyer, however,
may elect to proceed with this transaction and either not close on
the other transaction or close at a later date, at Buyer's option.
23. Condemnation. In the event that proceedings to condemn
the property or any portion thereof are legally commenced before
the date for closing, the Buyer at any time after commencement of
such proceedings but not later than ten (10) days after receipt of
notification thereof from the Seller, may terminate this contract,
and thereupon the Seller shall forthwith return to the Buyer the
deposi ts furnished by Buyer hereunder and neither party shall
thereafter have any other claim against the other. Any claims for
damages as a result of such condemnation or eminent domain
proceedings shall exclusively belong to the Seller and not the
Buyer unless the Buyer specifically waives its rights hereunder to
cancel this agreement and consummates the sale and purchase of the
property hereunder without abatement or reduction, or adjustment
14
iD the purchase price in which case all proceeds from any
.
condemnation action shall belong to the Buyer and not the Seller
hereunder.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
witnesses:
SELLER:
p,,-rP" enn:r"1 b~ 4- L. I / Y't L
CARNEGIE MULTI-NATIONAL CORP. ~~~
PA__ .
By: ~~ ~I~
Its I
BUYER:
McINTOSH COWIE, INC.
BY:~
~s 't,/.. " C'<J.
15
LEGAL DESCRIPTION
The East 424.33 feet of the Northwest one quarter of Section 7,
Township 45 South, Range 43 East, Palm Beach County, Florida;
containing 26 acres more or less.
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (hereinafter called the
"Agreement") i$ made and entered into this /6 O(.day ;:.tl.:(-1-A'C;!.,
}N...,.E/2IVfY[PIVI)L. JNC- '
1989 by and between CARNEGIE MULTI-~ATIONAL CORP., a
corporation, whose address is
, Florida (hereinafter referred to as "Seller") and
McINTOSH COWIE, INC., a Florida corporation, whose address is 1555
Palm Beach Lakes Blvd., suite 1415, West Palm Beach, Florida
33401, (hereinafter referred to as "Buyer").
WIT N E SSE T H
WHEREAS, the Seller is the owner of certain real property
located in Palm Beach County, Florida, more particularly described
as follows:
See Exhibit "A" attached hereto and made a part hereof.
(the "property"); and
WHEREAS, the Buyer wishes to purchase such property on the
terms and at the price as set forth further in this agreement; and
WHEREAS, the Seller is willing to sell such property on the
terms and at the price as set forth further in this agreement;
NOW THEREFORE, in consideration. of the foregoing and the
covenants, warranties, terms and conditions hereinafter set forth,
and for other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged the parties agree as
follows:
1. Purchase and Sale. Subject to the provision hereof, the
Seller agrees to sell and convey and the Buyer agrees to purchase
and pay for, on the terms and conditions hereinafter contained in
this agreement, the property for the sum set forth in this
agreement. The purchase price shall be paid as follows:
A. Upon execution of this agreement, the Buyer shall
pay to Paul Thibadeau, as escrow agent, the sum of
as a deposit towards the purchase hereunder
to be distributed from escrow as further provided herein. Such sum
shall be placed in an interest bearing account with all interest
accruing to Buyer unless such sums are paid to Seller pursuant to
paragraph 13 in which case Seller shall be paid any of such
interest.
B. On or before sixty (60) days from execution of this
agreement, and provided that Buyer has not terminated this
agreement under the provisions of paragraph 2 hereof, the Buyer
shall pay to escrow agent, the additional sum of
to be held by escrow agent under the terms of
this contract in an interest bearing account with interest paid as
set forth in paragraph 1A~
c. At the closing, as is set forth in paragraph 10
hereof, the Buyer shall pay to the Seller, in cash, or local
cashier's check, or federally wired funds, the total purchase price
o~ pC
less the sums previouslY~'
paid under paragraphs 1A and lB.
2. Investigation: In order to permit the Buyer and its
professionals to investigate this project and the number and
variety of undertakings involved, the Buyer shall have until 5:00
P. M. on May 15 1989 in which to conduct a
2
comprehensive inspection and study of the property. During this
period, the Buyer's representatives will be given full access to
all material and information relating to or affecting the property
and the right to consult with all governmental and permitting
agencies whose jurisdiction or authority encompasses any of the
property and its future development. During this period the Seller
will cause its associated / retained or employed personnel and
professionals to make available to Buyer all plans / studies,
reports, tests, and information regarding the condition of the
property, its sui tabili ty for development and the status of or
requirements associated with governmental or permitting agencies;
in general, all information relating to the property and the
obligations associated or connected with its development. In
addition, the Buyer will be permitted access to the land to make
such soil and other tests, surveys, studies, etc., as the Buyer
deems appropriate, provided that the Buyer shall at all times
indemnify and hold the Seller harmless from and against any and all
costs, loss, damage, or expense, including reasonable attorney
fees, arising out of the Buyer's entry upon and/or occupation of
the property pursuant to this paragraph. If the Buyer notifies the
Seller, in writing, on or before 5:00 P.M. on
May 15
1989 that the results of its investigation were unsatisfactory, for
any reason, then with such notice the Buyer may also elect to
terminate this agreement. Upon such termination of this agreement,
at Buyer's option, this contract shall be terminated and neither
party shall have claims against the other arising out of this
agreement and the deposit in possession of escrow agent furnished
3
by Buyer shall be forthwith returned to Buyer. If the Buyer fails
.
to notify the Seller, in writing, on or before 5:00 P.M.
May 15
, 1989 then this contract shall be binding in all
respects and the Buyer shall be fully obligated to purchase the
land hereunder, subject to the further provisions of this
agreement, and in particular the provisions of paragraph 9 hereof.
3. Representations and Warranties of the Seller: The Seller
represents and warrants that as of the date of this agreement, the
following matters are correct in all respects:
A. There are no parties in possession of any portion
.of the property as lessees, tenants at sufferance, trespassers or
otherwise, and no party has been granted a license or lease or any
other right relating to the use or possession of the property.
B. The Seller has complied with all applicable laws,
ordinances, regulations, statutes, restrictions, and rules relating
to the property, that have been required to be complied with by the
Seller to date.
c. The Seller has not received any notice of any
violation of any ordinance, regulation, law or statute of any
governmental authority or agency pertaining to the property.
D.
The
execution
of
this
agreement,
and
the
confirmation of the transaction herein contemplated and the
compliance with the terms of this agreement will not conflict with
or (with or without notice or the passage of time or both), result
in a breach of, any of the terms or provisions of, or constitute
a default under, any applicable regulation or any judgment, order
4
, --- --'--------.,------... .------------.-.------
OJ;" decree of any court having jurisdiction over the Seller or
property.
E. There is no pending or actually threatened
condemnation or similar proceeding or assessment affecting the
property or any part thereof, nor to the knowledge of the Seller
is any such proceeding or assessment contemplated by any
governmental authority.
F. There are no options, purchase contracts, leases or
other agreements of any kind or nature, written or oral, whereunder
or whereby any party has or could claim or assert any right, title
or interest in the property or any part thereof.
G. Seller represents that to the best of its knowledge
and belief none of the land is in violation of any Federal, state,
county or local law, ordinance or regulation relating to industrial
hygiene or to the environmental conditions on, under or about the
land, including but not limited to, the soil and underground water
condition. During the time in which the Seller, and to the best
of Seller's knowledge, during the time any predecessor in title has
owned the property, neither the Seller nor any predecessor nor any
third party has used, generated, manufactured, stored, or disposed
of on, under, or about the property, any flammable explosives,
radioactive materials, hazardous waste, toxic substances, or
related materials.
H. From and after the execution of this agreement, up
until the closing hereof, or the termination of this agreement,
the Seller will not grant any easements or dedicate any rights-of-
5
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TIns WARRAli';'Y DE.:::;:; H~oi~ i.!:e ~6tlL (.lay <,'f :/)Ill".'"
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1975 by WlUJAM J. HOLLAND, ~:'.divillu..,.lly a:"i'::i as t11'u.;~e{;, .klrl':,d
by his w~fe} 1'.'ITIUe! ^ A.r.C..IA!';D. heNHnart,t;lY' called. t.h,~ erA-:.ltor':;)
tc KNOLl.:AOOD GROVES, lNC. '..hose p05t,cffiCe a'id..re$~ :8 '(46::: TCJ.vr(r:(;~
" Rood, LAke h'OrLh, F'1 or 1M. :' ;4~~l), r.e:'/)lrw. t'ter:- C!:1l1ed the gr....n tee:
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(Wherever lJsed herein the terffiS "gru.nt01"3" a.nd "grantee" i:;':~lude
:: all the pB.l't1es to this j.nnt'\~:Tler, t. and the heirs, legll] l'opr.t!$r:m-
I, tatives ami a6s1gns of ind.:.vldtlals,. aooJ the 3lJCCeS30::'8 and. ,~sslgJ'ls
or corporal.:: 10ns )
WITNESSE'I'H: '!hat the gl:'.'itnto:NI fOl' llnd ir: ccn$':d~l'~t1o~1
i: of the sum ot $1. 00 and o1::.el:' 'la.lunole COn:'3ioiel'a.tiOt"!$, )"'eceipt
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!~ Whereof i3 hereby acl<;no.....le"igec1 and the rec()r;'J~yanc:e of tl"le fee
~: title in and to -;;he proper:y l'v~re~n.~fter des.;r1l)Gd which ae..;:urf;:S
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I a pul'cha.se money note and moL" L ~ge ~ 11 ed ifJ (,'1'['1c 1a.l Rec 02'CI book
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2289, page 448, Public Re~~(:~':.l8 of F,~i~t: Beac,h Cou;;ty, F1or'il.t":l..
j; horoby grants, bargains, sclh., a.l:e-r;3, ~'0:r:'.!.:,es, !'elease2. ~on-
\leys and. COnfiI'rr.3 'Ul1::0 t})'J gr'antee, 0.11 th.".t cel'ta.1n 1Q~d I; ~tUB.te
11: Palm Beach County, F1.ori:::s., viz:
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'llie Es3t half of the ~o:':hwc:H. '....li01.rteJ.' a!.d,:JI(~ :)':'1\.ILh-
wesL ~:rte2' of the ;.,r02'thwflSt c..\~I.ter of Sectlorr ':,
Township 45 South, R.':\nge 4) EB.st, P~lm Be.9.ch COUnt'.y,
Flor1da., eont-~inine 115. (,36;. acres more 0)"' less. .
LESS the East 424.33 fee:: of the florthwest ~rtE.':'
of Section 7, TOIo,'l1ship 4; South, H!tnge 4) Diost}
Pa.lm Beach County, F'lorid.'i, conta1r.ing 26.0000
acres, n~re or less.
'roGE'lli.EH ....Uh all the te::erents, !.el'oditamMts an.i
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I appurtenances thereto belonelng 02' ill anywise &'ppel':-.aining.
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the grantora h.e.ve good right a.nd. lawful authol'ity to Bell and
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j; conVQy $Sid land; that the gz-antol's hel'eby fully warr>an", tht:'
,; title to said lend and will defend the Bame against the la.wf'u"l
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TO HAVE AND rro HOLD, the S8.me in fee simple fo:r'ev~I'.
AND the grantors hertlby covenant with said. g.I'ante-:: th9.t
the gren~ &'e lawfUlly seiZed of said land in fee simple; that
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claims o['a11 persons ..t:ctl13oev(.)'; done .,he!.. sat,j :a.r.,:i 1$ fl'f:',',' 01'
a.ll encumbrance:), except !.axes "\.~';l'iJ: ng 3ubsfKjUen t to l;l':~e:);: '('J' ;.) .
1973.
:11: WIT1'lE33 1,.lH:::RE\);;', ~t,e sa:<:1 gI>a.nC01;S ha.Vt~ sil!1e1 ,"tr"!
Be&l~d these pl'e~cnt;9 the clAy a.~)d yeH,I' first &.bove .....r1ttctl.
Signed, ~led anQ ~11vereJ
1.n O'J.l' Presence: .AI
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I HEREaY CERTII"I r~..at Ol'; thi:5 day, befOl'e :!ie, a.n ;~:tf1cer
dUly author.lzod in the S':ate e.f:lresal.d and in the CC'1.~r::y af')resa1d
: to t.:i.kc 6ckllo..leJ.e;mBn ts, per~one.lly a.pJ.leEi.l'CJ \{:lJ.l,~;"1 ~T, HOL AND
anu. PA'T'RICIA A. HOI.!..AND,. l'lis i.~fo, to me Kno1o.'n' 1,(,,' be 7,::~!
. pe1"30ns describeQ in an(l w'!-.o exeC'ltec the f(lt"egoing l:;stl"Ull:',rl~,
and t;hey &cknow~eQ.ged b~t'o!'e mo t:.h,~t they exeCl.lted. t:J() same,
WI'mESS I:\f hF..nd and off~,::jf.Ll sea,l 1:: the C')',i:l:.J' fL'::i
State last afol'e~a1d "hieder- day of "';i?{,u.-;~_, . '::':,1'7;',
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ij~~~2407 'ACE1821
- 2 -
AGENTS AGREEMENT
KNOLLWOOD GROVES PUD
JUNE 20, 1989
Before me, the undersigned authority personally appeared
ROBERT C. OCHS, JR. who being by me, first duly sworn on oath
deposes and says:
That he is the PRESIDENT OF KNOLL WOOD GROVES, the
fee simple title holder of the following described
property to wit:
(SEE ATTACHED LEGAL DESCRIPTION)
That KNOLLWOOD GROVES desires A REZONING OF THE
ABOVE DESCRIBED PROPERTY TO PLANNED UNIT
DEVELOPMENT.
That ROBERT C. OCHS, JR. has the authority
individually or through his/her authorized agent to
consent to all conditions which may be imposed upon
such rezoning.
That ROBERT C. OCHS, JR. has appointed URBAN DESIGN
STUDIO and ROBERT E. BASEHART AND ANNA COTTRELL to
act as Agent on behalf of KNOLLWOOD GROVES to
accomplish the rezoning. f(J~---1.."./ .f!.. O~AJ fL
ROB~S tf
PRESIDENT
KNOLLWOOD GROVES
Sworn to and subscribed before me this
o?o~ ~day of } ~ /yf~ ~ , 1989
NO~'~~BL~1~OF FLORIDA AT LARGE
~OTARY P~RtlC STATE or FLORIDA
MY "OMMISSliJN EXPIRES JUNE 14, 1992
LEGAL DESCRIPTION
The East half of the Northwest Quarter and the Southwest Quarter of
the Northwest Quarter of Section 7, Township 45 South, Range 43
East. Palm Beach County, Florida, containing 115.6363 acres more
or less~
LESS the East 424.33 feet of the Northwest Quarter of Section 7,
Township 45 South, Range 43 East, Palm Beach County, Florida,
containing 26.0000 acres, more or less.
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (hereinafter called the
/ I'- Ct..
"Agreement") is made and entered into this --/....1::2- day of Hv'Ptf'C /J/
1989 by and between KNOLLWOOD GROVES, INC., a
corporation, whose address is
, Florida (hereinafter referred to as "Seller") and
McINTOSH COWIE, INC., a Florida corporation, whose address is 1555
Palm Beach Lakes Blvd., suite 1415, West Palm Beach / F lor ida
33401, (here"inafter referred to as "Buyer").
WIT N E SSE T H
WHEREAS, the Seller is the owner of certain real property
located in Palm Beach County, Florida, more particularly described
as follows:
See Exhibit "A" attached hereto and made a part hereof.
(the "property"); and
WHEREAS, the Buyer wishes to purchase such property on the
terms and at the price as set forth further in this agreement; and
WHEREAS, the Seller is willing to sell such property on the
terms and at the price as set forth further in this agreement;
NOW THEREFORE, in consideration of the foregoing and the
covenants, warranties, terms and conditions hereinafter set forth,
and for other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged the parties agree as
follows:
1. Purchase and Sale. Subject to the provision hereof, the
Seller agrees to sell and convey and the Buyer agrees to purchase
and pay for, on the terms and conditions hereinafter contained in
this agreement, the property for the sum set forth in this
.agreement. The purchase price shall be paid as follows:
A. Upon execution of this agreement, the Buyer shall
pay to Paul Thibadeau, as escrow agent, the sum of
as a deposit towards the purchase
hereunder to be distributed from escrow as further provided herein.
Such sum shall be placed in an interest bearing account with all
interest accruing to Buyer unless such sums are paid to Seller
pursuant to paragraph 13 in which case Seller shall be paid any of
such interest.
B. On or before sixty (60) days from execution of this
agreement, and provided that Buyer has not terminated this
agreement under the provisions of paragraph 2 hereof, the Buyer
shall pay to escrow agent, the additional sum of
to be held by escrow agent under the
terms of this contract in an interest bearing account with interest
paid as set forth in paragraph 1A.
C. At the closing, as is set forth in paragraph 10
hereof, the Buyer shall pay to the Seller, in cash, or local
cashier's check, or federally wired funds, the total purchase price
of
~.
, less the sums previously
paid under paragraphs lA and lB.
2. InvestiQation: In order to permit the Buyer and its
professionals to investigate this project and the number and
variety of undertakings involved, the Buyer shall have until 5:00
P. M. on May 15 1989 in which to conduct a
2
comprehensive inspection and study of the property. During this
.
. period, the Buyer's representatives will be given full access to
all material and information relating to or affecting the property
and the right to consult with all . governmental and permitting
agencies whose jurisdiction or authority encompasses any of the
property and its future development. During this period the Seller
will cause its associated, retained or employed personnel and
professionals to make available to Buyer all plans, studies,
reports, tests, and information regarding the condition of the
property, its suitability for devel.opment and the status of or
requirements associated with governmental or permitting agencies;
in general, all information relating to the property and the
obligations associated or connected with its development. In
addition, the Buyer will be permitted access to the land to make
such soil and other tests, surveys, studies, etc., as the Buyer
deems appropriate, provided that the Buyer shall at all times
indemnify and hold the Seller harmless from and against any and all
costs, loss, damage, or expense, including reasonable attorney
fees, arising out of the Buyer'S entry upon and/or occupation of
the property pursuant to this paragraph. If the Buyer notifies the
Seller, in writing, on or before 5:00 P.M. on
May 15
1989 that the results of its investigation were unsatisfactory, for
any reason, then with such notice the Buyer may also elect to
terminate this agreement. Upon such termination of this agreement,
at Buyer'S option, this contract shall be terminated and neither
party shall have claims against the other arising out of this
agreement and the deposit in possession of escrow agent furnished
3
,by Buyer shall be forthwith returned to Buyer. If the Buyer fails
to notify the Seller, in writing, on or before 5:00 P.M.
May 15 , 1989 then this contract shall be binding in all
respects and the Buyer shall be fully obligated to purchase the
land hereunder, sUbject to the further provisions of this
agreement, and in particular the provisions of paragraph 9 hereof.
3. Representations and warranties of the Seller: The Seller
represents and warrants that as of the date of this agreement, the
following matters are correct in all respects:
A. There are no parties in possession of any portion
of the property as lessees, tenants at sufferance, trespassers or
otherwise, and no party has been granted a license or lease or any
other right relating to the use or possession of the property.
B. The Seller has complied with all applicable laws,
ordinances, regulations, statutes, restrictions, and rules relating
to the property, that have been required to be complied with by the
Seller to date.
c. The Seller has not received any notice of any
violation of any ordinance, regulation, law or statute of any
governmental authority or agency pertaining to the property.
D. The execution of this agreement, and the
confirmation of the transaction herein contemplated and the
compliance with the terms of this agreement 'will not conflict with
or (with or without notice or the passage of time or both), result
in a breach of, any of the terms or provisions of, or constitute
a default under, any applicable regulation or any judgment, order
4
,or decree of any court having jurisdiction over the Seller or
property.
E. There is no pending or actually threatened
condemnation or similar proceeding or assessment affecting the
property or any part thereof, nor to the knowledge of the Seller
is any such proceeding or assessment contemplated by any
governmental authority.
F. There are no options, purchase contracts, leases or
other agreements of any kind or nature, written or oral, whereunder
or whereby any party has or could claim or assert any right, title
or interest in the property or any part thereof.
G. Seller represents that to the best of its knowledge
and belief none of the land is in violation of any Federal, state,
county or local law, ordinance or regulation relating to industrial
hygiene or to the environmental conditions on, under or about the
land, including but not limited to, the soil and underground water
condition. During the time in which the Seller, and to the best
of Seller's knowledge, during the time any predecessor in title has
owned the property, neither the Seller nor any predecessor nor any
third party has used, generated, manufactured, stored, or disposed
of on, under, or about the property, any flammable explosives,
radioactive materials, hazardous waste, toxic substances, or
related materials.
H. From and after the execution of this agreement, up
until the closing hereof, or the termination of this agreement,
the Seller will not grant any easements or dedicate any rights-of-
5
way for streets, roads and/or alleys without the prior written
consent of Buyer.
I. The Seller will join in and consent to any
applications made by Buyer for the rezoning of, special exception
approval for, variances for , site plan approval for , utilities
services or other matters reasonably requested by Buyer in the
furtherance of the development of the property.
J. The property has been properly annexed into the City
of Boynton Beach.
4. If at any time from and after the execution of this
agreement up until the closing of this transaction a moratorium of
any kind is levied by any governmental authority that adversely
affects the property or prevents the development of such property,
then the scheduled closing of the purchase of the property shall
be extended to directly correspond with the period the moratorium
is in effect, provided, however, that if such moratorium is in
effect for a period in excess of ninety (90) days, then either
party shall have the right to terminate this agreement and upon the
return to Buyer of the deposits hereunder, both parties shall be
relieved or any and all obligations one to the other.
5. All the representations, warranties, covenants and
agreements made by the parties in this agreement shall survive at
closing and shall not be merged therein for the benefit of the
parties and their respective legal representatives, successors and
assigns.
6. Evidence of Title. wi thin seventy (70) days after
execution of this contract by both Buyer and Seller, the Seller
6
shall furnish to Buyer an Owner's Title Insurance Commitment in the
.amount of the purchase price contemplated to be paid hereunder,
i.e. paragraph lB, [purchase price
Such title insurance commitment shall show in the Seller
~
and the policy shall insure in the Buyer a good and marketable
title in fee simple to the property, free and clear of all liens
and.encumbrances whatsoever, except:
(i) Installments of real property taxes and
assessments not then due and payable;
(ii) Zoning ordinances;
the Buyer;
(iii) Other items, if any agreed to in writing by ~
(lV) All Easements of Record.
.C
Said title insurance shall be issued by a reputable title
insurance company licensed to do business in the State of Florida.
Attorneys' Title Insurance Fund, Inc. is an acceptable title
company. Legible copies.of all exceptions shall be furnished with
such commi tment .
If title to the premises to be conveyed is
defective or unmarketable or if any part thereof is subject to
liens, encumbrances, easements, conditions or restrictions, other
than those excepted above, or in the event of any encroachment, the
Seller shall have a reasonable time, not to exceed ninety (90) days
after written notice thereof, within which to remedy or remove such
defect, lien, encumbrance, easement, condition, restriction or
encroachment. The Seller shall use its good faith efforts to cure
such defects (and, if the defect is a lien that can be discharged
by the payment of money, the Seller will pay such money at or
7
before closing). If the Seller is unable to remedy or remove such
defect, lien, encumbrance, easement, condition, restriction or
encroachment within said ninety (90) day period, the Buyer may, at
its option, within fifteen (15) days thereafter, a) elect to
proceed with this transaction provided however that the state or
condi tion of the title accepted by Buyer shall not thereafter
change, in which event the Buyer waives any claim for damage or
reimbursements hereunder because of the state or condition of such
title; or b) terminate this agreement and receive returned to him
all monies paid hereunder.
7. Survey. within the time for Buyer's investigation of the
property as set forth in paragraph 2 hereof, the Buyer shall cause
to be prepared a survey of the property by a reputable surveyor
licensed in Florida. In the event such survey shows the property
contains less than 87.08 acres then the purchase price shall be
adjusted based on a per acreage purchase price of
The
deposits paid hereunder shall not be adjusted but only the closing
cash set forth in paragraph 1C shall be adjusted based on such
acreage not contained in the property. In addition, if the Buyer
is required to conveyor dedicate rights-of-way for any roads
abutting the property then, the amount of acreage required to be
conveyed by Buyer for such rights-of-way shall further be a
reduction of the purchase price based on the aforesaid price per
acre.
8. ~. The Seller shall convey to the Buyer marketable
title in fee simple to the property by transferrable and recordable
8
~
general warranty deed,
free and clear of all liens and
encumbrances, except those specifically set forth in paragraph 6
hereof.
The Seller shall pay the cost of, the required state
documentary stamps. The Buyer shall pay the costs of the recording
of the deed.
However, the Seller shall pay for any costs of
recording or filing corrective instruments.
9. Contingencies.
The Buyer's obligations to purchase the
property hereunder are strictly contingent upon the Buyer
obtaining, on or before the date set forth for closing, or any
extensions thereof, the following:
A. A modification or change to the City of Boynton Beach
Comprehensive Plan to allow the property to be developed in a
residential manner allowing for a density of not less than 4.5
density units per acre.
B. The rezoning of the property from its present
agricultural zoning to a zoning classification under the City of
Boynton Beach Zoning Ordinance to allow for such density of 4.5
density units per acre.
C. An approval of special exception of a planned unit
development for the property with all attendant or necessary
variances or other approvals from the City of Boynton Beach for the
development of the property as a single family development or mixed
use development with a density of not.less than 4.5 density units
per acre.
If such approvals are not obtained by Buyer on or before the ~
1::
date of closing, or the extended date provided for in paragraph ;(10 r~
hereof, then Buyer may elect to terminate this agreement and
9
receive returned to Buyer all deposits paid pursuant to the
paragraphs 1A and 1B and all parties shall be relieved of any and
all obligations one to the other hereunder upon the return of such
deposits. ~A0 Byyor iE frog to Qlgct unQQr th~ proui~ion7 of ~ni~
oontraot to torminato thiE: oontract if tRQ cO!ldi tionlii impOliiQQ)
(ingl~aiR~ gyt RQt limitoQ to tr3ffio imp30t f08o, oORotruotion
fee., tap-iJ:1 fQe~, or o't.Ror QXag't.ioR~ frQm tAg ~i ~y of Boynton
a~aC"l1 or otl::1~r appliQabl g ~Q"grnmQRtill a"tR.~ri ty), iR tlH~ ataYQr' S
~(
~ol~ and unbridlQd di~grgtio]:l, Ill.kg tl:ag dQ"~lopmo:r:at ecoJ:1omically
"!lf~a~ibl~ . ,5'1('1'1 Qlectio:R m.ay ggC\.1r QVQR in tnQ Q'lQRt t1:l.at tnQ
auyer ob~ain. a ~o:Rin9 Qquivalen~ to 4.5 denliiity u:Rit& per acrQ.
The Buyer further, at Buyer'S sole and unbridled discretion and
option, may elect to proceed with this transaction even in the
event such density is not obtained by Buyer and Buyer elects to
proceed with this transaction at a density lower than 4.5 density
units per acre.
The Buyer will keep Seller reasonably informed of the names
of all professionals employed by Buyer to achieve the approvals
contemplated by this paragraph 9 and furnish periodic updates of
the progress made to obtain such approvals.
10. Closin9. The Closing of the purchase and sale of the
property shall be held at a place the Seller may reasonably
designate in Palm Beach County. The closing of this transaction
shall take place on or before, at the option of Buyer, March 1~,
1990. In the event the Buyer has not obtained all of the approvals
set forth and contemplated by paragraph 9 of this Real Estate
Purchase Agreement then Buyer, at Buyer's option, may elect to
10
extend the closing of this transaction for an additional ninety
(90) days to allow for Buyer to obtain such approvals. No
adjustments will be made to any other terms of the contract in the
event such option to extend the closing is elected by Buyer.
11. Taxes and Assessments. At the closing, Seller shall give
a credit to Buyer for the portion of such taxes for the year of
closing, prorated to the date of closing based on a 365 day year,
and if such taxes are undetermined for the year of closing based
upon the most recent available tax rate and valuation, recently
voted millage changes, change in valuations, or other matters
whether or not certified. Both parties agree that upon the
issuance of the current year's tax bill, for the year of closing,
that they will reprorate the taxes based on such actual tax bill.
12. Broker's Commission. Seller and Buyer hereby
acknowledge, represent and warrant to each other that no broker or
finder has been employed by either Seller or Buyer. Seller and
Buyer each warrant to the other that no commissions are payable by
Seller or Buyer or due to any broker or finder in connection with
this agreement or the transaction contemplated herein, and the
Seller and Buyer each agree to indemnify, defend, save and hold the
other harmless from and against the claimant of any commissions or
fees or claims for commissions or fees; it being expressly agreed
that the foregoing agreement of indemnification shall expressly
survive any closing under this contract.
13. Default by Buyer. In the event of the Buyer fails to
perform hereunder, including the failure to close this transaction,
then Buyer shall be deemed to be in default hereunder. The
11
Seller's remedy shall be to terminate this contract and retain for
it's own use and benefit, as agreed upon and liquidated damages,
the proceeds of the deposit furnished by Buyer upon execution of
this agreement pursuant to paragraphs'lA and 1B, both parties shall
be relieved of all obligations, one to the other, under this
agreement.
14.
Default bv Seller.
In the event the Seller defaults
hereunder by not curing any title defect, or by refusing to convey
the property hereunder, or otherwise defaults hereunder and the
Buyer has given the Seller notice, in writing, of such default and
thereafter the Seller fails to cure such default within ten (10)
days after receiving such notice, then the Buyer shall either have
a right to terminate this agreement and receive returned to it all
funds paid as a deposit hereunder or, alternatively, may seek the
right of specific performance against Seller hereunder, only.
15. Entire Agreement. This agreement constitutes the entire
agreement between the. Seller and the Buyer and no amendment or
modification of this agreement may be made except by an instrument
in writing signed by both parties.
16. Binding Effect. This agreement shall be binding upon and
inure to the benefit of the Seller and the Buyer and their
respective heirs, personal representatives, successors and assigns.
17. Notices. Any notice or other communication required or
permitted to be given to a party under this agreement shall be in
writing and shall be deemed given when personally delivered to or
when deposited in the United States Mail, Certified Mail - Return
12
Receipt Requested, and with proper postage prepaid, addressed as
follows:
Seller - KNOLLWOOD GROVES, INC.
with a copy to:
Buyer -
McINTOSH COWIE, INC.
1555 Palm Beach Lakes Blvd.
Suite 1415
West Palm Beach, FL 33401
with a copy to:
PAUL THIBADEAU
249 Royal Palm Way
Palm Beach, FL 33480
18. Time is of the Essence. The parties further agree that
time is of the essence and that time of performance by both the
Buyer and the Seller is an essential element of this agreement.
19. Assignability.
Neither party shall have the right to
assign its rights under this agreement to any other person or
entity, without the specific written consent of the other party.
20. Both parties represent and warrant to the other that they
have the requisite authority to enter into this agreement and the
party executing this agreement has the authority to do so on behalf
of the party indicated.
21. In the event it becomes necessary for either party to
engage the services of an attorney to enforce the provisions of
this agreement then the prevailing party in any such litigation
that may arise under this agreement shall, in addition to whatever
other relief is obtained, have the right to recover from the other
party its reasonable attorney's fees and costs, including
attorney's fees incurred on appeal.
22. Simultaneous Closings. Buyer's Obligations hereunder are
strictly contingent upon the Buyer closing the transaction
13
contemplated by this real estate purchase agreement simultaneously
with that certain purchase contemplated by a real estate purchase
agreement of even date between the Buyer and the CARNEGIE MULTI-
NATIONAL CORPORATION. Such properties are contiguous to each other
and the Buyer contemplates purchasing both properties at the same
time. If for any reason the Seller under such other contract
referred to in this paragraph is unable to convey title to the
property, although the Seller under this contract is able to do so,
then Buyer, at Buyer's option, may elect to terminate this
agreement and receive returned to him all of deposits paid
hereunder pursuant to paragraph lA and lB and the parties, upon
return of such deposits shall be relieved of any and all
obligations one to the other. The Buyer, however, may elect to
proceed with this transaction and either not close on the other
transaction or close at a later date, at Buyer'S option.
23. Condemnation. In the event that proceedings to condemn
the property or any portion thereof are legally commenced before
the date for closing, the Buyer at any time after commencement of
such proceedings but not later than ten (10) days after receipt of
notification thereof from the Seller, may terminate this contract,
and thereupon the Seller shall forthwith return to the Buyer the
deposits furnished by Buyer hereund~r and neither party shall
thereafter have any other claim against the other. Any claims for
damages as a result of such condemnation or eminent domain
proceedings shall exclusively belong to the Seller and not the
Buyer unless the Buyer specifically waives its rights hereunder to
cancel this agreement and consummates the sale and purchase of the
14
.,
property hereunder without abatement or reduction, or adjustment
in the purchase price in which case all proceeds from any
condemnation action shall belong to the Buyer and not the Seller
hereunder.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
witnesses:
SELLER:
KNOLLWOOD GROVES, INC.
/)rh~)j .~
By: Mx4 ~ OdJ1
Its o/f'-lA.
BUYER:
McINTOSH COWIE, INC.
BY~~-7--
15
"
..
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~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC
HEARING at 7:30 P.M. on Tuesday, September 12, 1989, at City
Hall Commission Chambers, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida to consider a request for REZONING
covering the parcel of land described as follows:
LEGAL
DESCRIPTION:
The east half of the Northwest quarter and
the Southwest quarter of the Northwest
quarter of Section 7, Township 45 South,
Range 43 East, Palm Beach County, Florida.
LESS HOWEVER, the right-of-way for Lawrence
Road and the rights-of-way of Hypoluxo Road
and the Lake Worth Drainage District
Canal L-18.
SUBJECT TO easements, reservations,
restrictions, and rights-of-way of record.
Containing 111.78 acres, more or less.
APPLICANT:
McIntosh/Cowie, Inc.
OWNERS:
Knollwood Groves, Inc. ' I
Carnegie Multi-International Corporation
AGENT:
Urban Design Studio
PROJECT NAME:
Knollwood Groves PUD
PROPOSED USE:
Planned Residential Development with 539
dwelling units, Day Care Center and Public
Park
LOCATION:
Bordered on the North by Hypoluxo Road, on
the East by the Meadows 300 PUD, on the
South by LWDD Canal L-19, and on the West
by Lawrence Road.
REQUEST:
REZONING from AG (AgriCUlture) and R-lAAA
(Single Family Residential) to PUD (Planned
Unit Development) with LUI = 4
A PUBLIC HEARING will be held by the City Commission of the
City of Boynton Beach on the above request on September 19,
1989 at 6:30 P.M. at the Commission Chambers, or as soon
thereafter as the agenda permits.
All interested parties are notified to appear at said
hearings in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning &
Zoning Board or City Commission with respect to any 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.
lee
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH, FuPRIDA
..._~:.....t'..~'..':.'..
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PUBLISH:
THE POST
August 27 & September 3, 1989
b/rezonel
....
MEMORANDUM
July 5, 1989
TO:
Technical Review Board
John Guidry, Utilities Director
Bob Eichorst, Public Works
Charles Frederick, Recr & Parks Director
Ann Toney, Asst to City Manager
Ed Allen, Fire Chief
Edward Hillery, Police Chief
Lt Dale Hammack, Police Dept
Kevin Hallahan, Forester/Horticulturist
Don Jaeger, Building Official
Med Kopczynski, Deputy Building Official
Al Newbold, Admin of Plans Rev & Permitting
FROM:
James J. Golden, Senior City Planner
RE:
Special Meeting of the Technical Review Board
Please be advised that the Technical Review Board will meet on
Thursday, July 20, 1989 at 9:00 A.M. in the Building, Engineering
and Planning Conference Room to discuss the following:
Master Plan
Knollwood Groves Planned Unit Development
A copy of the master plan document is being forwarded to the
Building, Engineering and Utilities Department with this
memorandum.
~~' I. ~
AMES $. GOLDEN
JJG:frb
cc: City Manager
Johnnetta Broomfield
Tambri Heyden
John Wildner
William Cavanaugh
Davie Crockett
Pete Mazzella
Roger Kuver
Central File
trb.720