LEGAL APPROVAL
q~~ 1'\ -;f~c-h~S~ {I'~tf
.. }~ PALlv1 BEACH POST SATURDAY, OCh"...ER 14, 1995
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~" ROYAL PALM BEACH - A subcontractor
.' 'lllfor Florida Power & Light Co. was in good
condition Friday at St. Mary's Medical Center
after he received an electric shock while he was
"'working on a transformer about 1:40 p.m., a
",mospital spokesman said. James Andrew Herta,
1!i'28, of 1900 S. Kanner Highway, Stuart, was flown
W1:o the hospital in West Palm Beach with high
. fflvoltage burns on his toes and left wrist, police
":fsaid. An officer performed CPR at the site of the
~iI4njUry on 10250 Rhythm Circle in Royal Palm
Beach, paramedics said. Herta was alert and
tal~ing within three minutes of the incident, when
amedics arrived.
.WEST PALM BEACH - Imagine making a
"Ish list and having it all come true. Jose
ponte, the city's library director, jotted down
kmobile, picture books, books-on-tape for
ildren, oversized stuffed animals," to name a
things, when philanthropists Douglas and
~an Kenna asked him what he wanted for the
brary. The North Palm Beach couple decided to
nate $150,000, enough to buy everything on
e list, Aponte announced Wednesday. In return,
e city agreed to dedicate both the bookmobile
d the children's story room to the memory of
e Kenna's daughter, Marilyn. She worked at the
,Jibrary from 1986-88, when she died of cancer at
:: ''itge 38, Aponte said.
,,:
I N COURT
~:
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i
WEST PALM BEACH - The 300 Proper-
ties Association sued Boynton Beach on Friday
in Palm Beach County Circuit Court to stop the
~. . oposed Nautica Sound development. The asso-
" 'ation, worried about increased traffic through
e neighborhood, wants a development amend-
ent for the 424-home subdivision ruled incon-
'stent with the city's comprehensive plan and
C)1e amendment sent back to the city for consider-
tion. Residents have said they would try to stop
....construction of the adjacent 424-home subdivi-
sion if the city ignored their opposition.
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'48 THE PALM BEACH POST WEDNESDAY, SEPlEMBER 27, 199
Boynton will review
plans for s~bdivision
Homeowners are
protesting a 5-acre park
and extending
Meadows Boulevard to
Lawrence Road.
By CHUCK McGINNESS
Palm Beach Post Staff Writer
.. BOYNTON BEACH - City
officials agreed Tuesday to consid-
er suggestions from residents of
The Meadows to keep traffic from
the planned Nautica Sound devel-
opment out of their community.
For the past two weeks, resi-
dents have said they would picket
and take other steps to stop con-
struction of the adjacent 424-home
subdivision if the city ignored their
opposition. Specifically, residents .
are opposed to a 5-acre city park
near their homes and to extending
Meadows Boulevard west to law-
rence Road.
Tuesday, representatives of
the Meadows 300 Homeowners
~ssociation met for 90 minutes
with Commissioner Lynne Mat-
son, city department heads and
~gents for the developer, Mead-
ows Groves Inc. and G.L. Homes.
Residents said a road could be
built from Lawrence Road east to
an entrance of Nautica Sound
without connecting the artery to
Meadows . Boulevard. They also
asked the city and developer to
move the park from the southeast
comer of Nautica Sound to law-
rence Road.
"We are hopeful they are true
to their word that they will exam-
ine these possibilities and come up
with solutions," said AI Karp, vice
president of the Meadows 300
Homeowners Association.
City officials say the extension
of Meadows Boulevard is needed
to handle police and fire emergen-
cies in the development. Fire-
rescue trucks would come from
the station at Congress Avenue
and Miner Road.
But residents said other new
housing projects on Lawrence
Road 40 not have a back entrance.
"I'm cautiously optimistic we
can reach some level of compro-
mise," Matson said. "There are a
lot o~ different things to look at."
,
Over 153,000 sporting goods
shoppers in Palm Beach,
Martin and St. Lucie counties rc:ad
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 5, 1995
City Manager Parker advised that Vice Mayor Bradley requested this reconsideration within the three-day limit.
Motion
Vice Mayor Bradley moved to reconsider the site plan approval for Clear Copy. Commissioner Jaskiewicz
seconded the motion which carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.)
Genehtoore, representing Mr. Feldman, asked for clarification of this action for reconsideration.
Mayor Taylor explained that it was necessary for one of the Commissioners on the prevailing side to bring this
issue back for reconsideration. This item will now be scheduled on the agenda. Attorney Cherof said property
owners who have requested notification if the matter was raised again will be notified. This item is now set for
a time certain of September 19, 1995.
D.
Nautica Sound, formerly known a Knollwood Groves PUD - Master Plan determination of
substantial or non-substantial challle ........................................................................ TABLED
Motion
..
Mayor Pro Tem Matson moved to remove this item from the table. Commissioner Rosen seconded the motion
which carried unanimously.
Attorney Cherof advised that this would be a quasi-judicial hearing. He administered the oath to all who would
be speaking on this matter.
Mayor Taylor disclosed that he visited the Nautica site on Lawrence Road to inspect the houses and view the
layout. While there, he spoke with Mr. Kilday. Vice Mayor Bradley and Commissioner Jaskiewicz disclosed the
same information as Mayor Taylor.
Mayor Pro Tem Matson disclosed receiving a telephone call from Howard Shepherd of Meadows 300 and
Willowbrook, and a phone call from AI Karp. She spoke with Mrs. Karp with reference to this project and with
Mr. Kilday. -In addition, the residents submitted a list of questions for which they would like answers from the
developer.
Commissioner Rosen disclosed that he received a phone call from Mr. Kilday.
Mayor Taylor urged the applicant to keep his presentation to ten minutes in length.
KieranKi.lday advised that he prepared his presentation to deal with two issues the Commission raised at the last
meeting.
The Utilities' issue involved the provision for a lift station and a concern about the number of cul-de-sacs. At a
follow-up meeting with Utilities, these issues were worked out. A memorandum has been published by the
Utilities Department indicating resolution of the issues.
The second issue involving lot size has also been addressed. The Commission requested investigation to
determine the feasibility of upgrading the smaller loIs.
The previous plan contained 76 lots in the 4,000 to 4,500 square foot range. All of those lots have been
./
12
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 5, 1995
eliminated by moving them up in size. In doing that, the applicant ended up with only 59 lots in the next highest
category. The 13 lots that were in that higher range were boosted up into the next higher range. In reviewing
a chart which Mr. Kilday displayed, it became obvious that the "l" lot range was reduced by 30 lots, and 20 lots
were added to the zero-lot range. The net reduction overall was 10 lots.
There were two other items of concern at the last meeting which Mr. Kilday felt were resolved. The applicant
has determined it necessary to buffer the project from Hypoluxo Road. When the applicant went through the
process, he provided the construction of Meadows Boulevard through the south end of the property out to
Lawrence Road. In the initial plan, this project had no access on this road; however, the applicant agreed to
provide the road because it is part of the City's overall master plan. In going through the process, Police and Fire
indicated that they wanted an east/west access in addition to a Lawrence Road access. To accommodate them,
an access point has been added to the Meadows extension. With the fire station on Miner Road, within a year
or two, it is likely that responses will be from Miner Road to Lawrence Road and then into the project. However,
in the interim, as a condition of approval, no Certificates of Occupancy will be issued until the missing link of
Meadows Boulevard is constructed. Mr. Kilday feels this is a temporary situation which will be eliminated with
the construction of Miner Road.
For the benefit of the Meadows 300 residents who were present in the audience, Mr. Kilday provided a brief
history of this project. Following are the questions submitted by the residents:
..
1 . If there are two other entrances on Lawrence and Miner, why do you need to
disturb the 1vteadows? The Meadows doesn't want the extra traffic and noise
brought to our community.
Mr. Kilday explained that the access point was a city-wide requirement of the original approvals. The applicant
did not have an access from his project onto Meadows Boulevard in the original plan. However, Mr. Kilday
explained that from a planning standpoint, having the access is a benefit to the overall community.
2. Assuming the entrance will be gated, it would be unfair for the Meadows'
residents that they would not have access to Lawrence Road in their
community while Nautica Sound would have access.
Mr. Kilday explained that Meadows Boulevard extension is a public road. It will not be gated. There will be a
gate within Nautica Sound for the internal road.
3. Meadows Boulevard is already dangerous - additional traffic will cause unsafe
conditions.
Mr. Kilday advised that the primary entrance to the project is on Lawrence Road.
4. Where will the basketball courts and parking lot be in relationship to the
Meadows?
The basketball courts and parking lot are located directly in the center of the Nautica Sound project. The
Meadows' closest units are the apartment units.
Mayor Pro Tem Matson pointed out that the approvals for this project came forward in 1988, when many of the
surrounding communities were not built.
13
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 5, 1995
Mr. Kilday explained that the applicant has eliminated the pub~ic street which was planned to connect to
Hypoluxo Road. Private streets within the project will eliminate some of the traffic.
Tambri Heyden, Planning and Zoning Director, advised that the app,licant has submitted a master plan drawing
to help staff determine whether or not the Commission's comments were met. The staff report was updated to
reflect staff comments regarding the new submittal. Staff was unable to ascertain whether or not the applicant
has complied with the Commission's requirements of increasing ttle number of lots in certain size categories
because the square footage was not included.
The issue of the 40' setback along the east PUD perimeter was not addressed.
With respect to the Engineering Department, the applicant increased the width of the Meadows Boulevard right-
of-way. Engineering has additional comments set forth in Engineering Division memos 95-332, 95-295 and 95-
260.
All Utilities' issues have been resolved. Four of the 11 cul~e-sacs were eliminated, and the issue of the lift station
has been resolved.
There were two issues involving the Fire Department which were not addressed.
The Police Department issue involved a northbound right-turn lane into the project off Lawrence Road and an
ingress/egress off Hypoluxo Road. These comments have not been addressed. Mr. Kilday is proposing that these
comments be deleted.
With respect to the Planning and Zoning Department, the 40' setback issue was not addressed. Staff maintains
that the lot size should be 6,000 square feet which is consistent with the previously-approved master plan. There
are other staff comments listed in Planning and Zoning Department Memorandum No. 95-485.
Engineering Department Memorandum No. 95-332 maintains that this is still a major modification even with the
changes because of the Hypofuxo Road issue. They are reiterating all of their comments from the first and second
review. The Fire and Police Departments maintain that all of their comments are still valid. The comments from
the Building Department relative to signs and setbacks need to be carried over.
Mr. Kilday advised that the applicant will dedicate the right-turn lane on Lawrence Road into the project. There
was also a comment about a right-turn lane on the south road. The applicant investigated that possibility with
the County Engineer, and a determination was made that there is inadequate right-of-way to put in a right-turn
lane.
With regard to the 40' setback requirement, Mr. Kilday used the photo to display the multi-family project in the
Meadows. The applicant has agreed to maintain the 40' setback in the areas where the project will abut the
multi-family project. The issue also involves an area which is an open area containing no buildings. The
applicant sees no need for the 40' setback. Mr. Kilday feels the applicant has met the intent of the Code.
The setbacks from garage to garage are greater than most of the surrounding communities. The only distinction
on the front setback is the ability to move a non-garage portion a few feet further toward the road. With regard
to the 10' side setback, Mr. Kilday displayed a chart listing the Code setback requirements for all of the other
municipalities within Palm Beach County. With the exception of Delray Beach, 10' is the standard for this type
of lot. In many instances in this project, because of the "Z" lots, the setback is far greater than the 10'. He
requested that the Commission approve the project with the setbacks shown.
14
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, flORIDA
SEPTEMBER 5, 1995
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
AI Karp,L\'iceJ~resident ofMeadow5-100 Homeowners' Associatiol\ expressed concern about the fact that a new
street will provide accessibility into the Meadows 300 project. This new community will add over 800 cars
traveling through the Meadows. Unsafe conditions exist on Meadows Boulevard at present. Although the speed
limit is 25 mph, most drivers exceed that limit and the Police have not done a proper job patrolling the area. He
feels additional Police presence is necessary to monitor this situation. There are approximately 1,400 homes
making up the Meadows. The roads cannot handle the traffic created by present users. The residents are
concerned about the additional noise and traffic which will be created. He urged the Commission to keep
Meadows Boulevard as it stands now.
Dawn laesse42Me~ began a Crime Watch program in the neighborhood. During this past
spring, they experienced problems with teenagers shooting wrist rockets into six occupied dwellings. Crime
Watch was of assistance in curtailing this activity. She feels another outlet will add to the problems. She urged
the Commission to consider the safety factor for the residents of this community.
Scarlett Fave, 44 Rutland lMle, pointed out that the residents of this community must contend with traffic from
the park which is on the comer of Congress Avenue. There is no traffic light on that corner and it is impossible
to cross Congress Avenue.
City Manager Parker advised that M;. Kilday has requested a change in the setback definition. Our Code states
that you can have a slab with a screen room, but once a covered patio is built, it is defined as a structure and it
would be inconsistent and not in accordance with our Code. Staff has been very strict in enforcing the covered
patio setback situation in many subdivisions throughout the City. We would have a problem with Mr. Kilday's
definition.
City Manager Parker inquired as to whether or not the unincorporated property currently in the County is vacant
or developed. Mr. Kilday advised that the property has one residence on it and the property is zoned Agricultural.
City Manager Parker learned from Ms. Heyden that if that property was annexed into the City, it would be
annexed as Single-family Residential.
Mr. Kilday agreed to meet the 40' setback throughout the east property line. He felt this was a spiteful
requirement, and does not believe it is good for planning or design.
City Manager Parker advised the Commission that the applicant has agreed to meet the City's Code setbacks with
the zoning. If the City annexes the property she mentioned earlier, it would be annexed as residential zoning.
The setbacks would then be dropped below the 40' to meet the other single-family to single-family setbacks.
Mr. Kilday confirmed that the statement in 1562 refers to the turn from Lawrence Road traveling north onto
Meadows Boulevard. The applicant does not have frontage at that location and has verified that there is not
adequate right-of-way to provide that turn lane. With regard to the entrance into the project, there is adequate
right-of-way and the applicant will provide that right-turn lane. The project has a turn in off Lawrence Road and
a turn in off Meadows. At that location, a turn lane could be provided if it was needed.
Ms. Heyden was of the opinion that the Police and Fire Departments were concerned with turn lanes northbound
off Lawrence Road into Meadows Boulevard. Mr. Kilday stated that a turn lane cannot be accomplished at that
location and he has provided documentation to that fact.
Vice Mayor Bradley questioned whether or not the difficulty in detennining the 99 "Z" lots will be cleared up at
15
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 5, 1995
site plan review. Mr. Kilday advised that he is in possession of the square footage data for each lot. He will
provide that information to staff.
Ms. Heyden advised that prior to platting, staff requests a master plan which addresses all the comments which
have been turned in.
Commissioner Jaskiewicz questioned whether or not the access on Meadows Boulevard could be closed off when
Miner Road is completed. Mr. Kilday reiterated that the City required this access even though it was not originally
requested by the applicant. The approved master plan shows the dedication of a five-acre park. It is his belief
that this road will be needed to allow access to the City park from lawrence Road.
Mr. Kilday reiterated that the presently-approved project contains 189 multi-family units and 150 single-family
units. This was primarily a rental community. The current proposal brought forth is to drop the total number of
units by 115 units. The applicant has now switched to a "for sale" product.
Commissioner Jaskiewicz was pleased to see that all of these units will be single-family units rather than a rental
community.
Mayor Pro Tem Matson requested selective enforcement on Meadows Boulevard before and after work hours
relative to speeding violations. ..
Vice Mayor Bradley feels this is a good project in which the applicant has bent over backwards to make the
improvements requested by the Commission. He visited the project and the homes are attractive and will be an
asset to our City.
Mayor Taylor feels this proposal is an upgrade from the original proposal. He originally had concerns about the
lack of access off of Hypoluxo Road but now realizes that the lack of an access makes this a better residential
community. The problems mentioned by the residents will be emphasized to our Police Department in an effort
to slow the traffic through the Meadows. This applicant has taken care of the Utilities' issues and he eliminated
the 4,000 square foot lots. Mayor Taylor will support this project.
Mayor Pro Tem Matson requested that Mr. Kilday furnish Mr. Karp with his business card so that there will be
contact between them in the future.
Motion
Vice Mayor Bradley moved that Nautica Sound (f/kla Knollwood Groves PUD) master plan be determined as a
non-substantial change. Commissioner Jaskiewicz seconded the motion which carried 5-0.
Mr. Kilday pointed out that when he went through this process on the Nautica project, the next step was the
Planning and Development Board. After discussing lot sizes and very specific changes with the City Commission,
the Planning and Development Board raised all of those issues again which resulted in a second public hearing
being required at the City Commission level. Mr. Kilday pointed out that there will be a closing tomorrow, and
the applicant needs a reliance that the layout, lot sizes and setbacks that go with the lot sizes are part of the
approval. Issues relative to the final buffering, landscaping and some of the technical issues can be worked out
through with staff. However, the essential issues that allow the site plan to be developed are the lot sizes (as
modified and seen at this meeting, assuming staff verifies Mr. Kilday did what he said he did) and the setbacks.
Attorney Cherof advised that with respect to the issues Mr. Kilday has stipulated to, and the changes they have
16
MI N UTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, flORIDA
SEPTEMBER 5, 1995
made in response to staff comments, those matters are not subject to modification by the Planning and
Development Board since they are an advisory board to the Commission. Other issues which might be raised
by them which have not been discussed and are not reRected in the record of tonight's proceedings may lead the
appl jeant back to the City Commission.
Mr. Kilday requested confirmation from the Commission that he was clearly understood relative to the setbacks
and lots, and that the Commission was in agreement.
City Manager Parker advised that the City is not in agyeement with respect to his definition of a setback. Mr.
Kilday agreed to remove the suggested change in verbiage. He will use the City's term.
Attorney Cherof further noted that Mr. Kilday referred to this proceeding as the master plan modification. This
proceeding was simply to determine whether the changes proposed were substantial or non-substantial.
Mr. Kilday confirmed that the Commission was approvi"8 the lots and the setbacks. Mayor Taylor confirmed with
Mr. Kilday that he understood and agreed to correct the City Manager's problem with the screen enclosures.
Mayor Pro Tem Matson explained that this is an importalt issue because all of the homeowners in the Meadows
have been held to the same guidelines. We do not want to deviate from that position.
..
MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 8:20 P.M.
IX. NEW BUSINESS:
A. Items for discussion by Vice Mayor Matt Bradley
1 . Boynton Beach Inlet Jetty Extension
Vice Mayor Bradley brought this item forward as a resuft of numerous telephone calls from boaters, fishermen
and pleasure boaters expressing their concern about the south Lake Worth Inlet, known as the Boynton Inlet.
There are plans to extend the south jetty of the inlet and boaters have safety concerns. Vice Mayor Bradley feels
the boaters' concerns are valid.
Vice Mayor Bradley would like a Resolution drawn advising the Lake Worth Inlet District to study this situation
especially from the perspective of the boaters. There is a dredging process which will be coming up and part of
the process is hinging on the jetty being extended. There are a number of studies which are being investigated.
Vice Mayor Bradley feels this issue must be studied b€Quse safety is very critical at this inlet. It is his desire to
see this inlet become a navigable inlet. At present, it nas been designated by the Coast Guard as unnavigable.
As a boat owner or operator, your insurance is not valid CIS your boat is driven under the bridge and out the inlet.
S1anGundlach,...r~ach'sMarina, has become the spokesperson at the Inlet Commission meetings
for the marine industries from the south end of the County. If the south jetty is extended, boaters with motor
problems or boaters who misjudge the seas and want to return will not be able to make the turn to return. When
this issue was raised with the Inlet Commission, they responded that they could not address boaters because their
charter states this inlet is strictly for the flushing and c1ariiication of the Intracoastal Waterway. In reviewing his
copy of the charter, Mr. Gundlach learned that the inlet is also there for the use and enjoyment of the people of
the district. It also says commerce and shipping should be considered.
Boynton has a rich commercial fishing history. In addition, the Boynton Inlet is one of the recreational jewels
17
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
Motion
Vice Chairman Golden moved to recommend denial of the master plan for Grove Plaza to
subdivide the commercially zoned parcel into six lots for future development. Mr. Rosenstock
seconded the motion which failed 4-3, as follows:
Date Nay
Golden Aye
Beasley Nay
Elsner Aye
Rosenstock Aye
Titcomb Nay
Wische Nay
Motion
Mr. Beasley moved to approve d1e Grove Plaza request for master plan approval. Mr. Wische
seconded the motion which carried 4-3, as follows:
Dube Aye
Golden Nay
Beasley Aye
E1sDer Nay
Rosenstock Nay
Ti1comb Aye
Wische Aye
Chairman' DuM declared a recess, at 8:41 p.m. The meeting reconvened at 8:52 p~m.
Master Plan ModUIcation
Location:
Nautica Sound flk/a KnoUwood Groves (PUD)
Kilday and Associates
Meadows Grove, Inc. and R. Bradford Arnold,
Trustee
East side of Lawrence Road. approximately 1,300
feet south of Hypoluxo Road
(2)
Project Name:
Agent:
Owner:
15
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEP'fEMBER 12, 1995
Description:
Request to amend the previously approved PUD
master to modify access points, change the type of
units and lot size from 150 single-family detached
units on 6,000 square foot lots and 389 multi-
family units to 267 zero lot line units on 5,000
square foot lots and 157 "Z" lot line units on
4,500 square foot lots, and reduce setbacks (front -"
20 feet to 15 feet, side - 15 feet to 10 feet and rear
- 15 to 10 feet on lots that do not back to one
another) .
Mr. Haag advised that the City Commission approved this request subject to the conditions
identified in Planning and Zoning Department Memorandum 95492. He pointed out the
location of this project and the surrounding land uses on an overlay. He displayed overlays of
the original master plan that was a result of the rezoning of the property in October 1989, the
master plan modification in 1991, and the proposed master plan, and pointed out their
differences.
Mr.. Haag advised that since this is a master plan modification to a PUD, it was required to be
reviewed by the City Commission first to determine whether it is a substantial or
nonsubstantial change. This went to the City Commission on August 15, 1995 with staff's
recommendation as a substantial change. The City Commission was at the point of making a
decision of a substantial change; however, they requested that the applicant consider making
some changes to the plan and bring it back to them. The Commission wanted the applicant to
increase the square footage of the 40 foot "Z" lots. They also wanted the applicant to resolve
the utility problems with the lift station, and increase the 60 foot right-of-way to 80 feet.
Therefore, the project was tabled. The applicant modified the plan and brought it back to the
City Commission. Mr. Haag displayed an overlay of the modified plan and advised that the
City Commission approved this plan as a nonsubstantial change. Mr. Haag reviewed the
proposed revisions and changes made by the applicant in response to the conditions requested
by the City Commission. They are outlined in Planning and Zoning Department
Memorandum 95-484.
,
'-
Mr. Haag advised that the following language in Planning and Zoning Department
Memorandum 95-492 was changed as follows:
16
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
Comment 4 on page 2 should read: Maintain the proposed fifteen (15) foot corner side
building setback on all corner lots. Amend all plans. data and charts accordingly.
(The word "corner" was added.)
Comment 5 on page 2 - The stricken words were deleted from the second sentence.
The underscored words were added. The sentence should now read: Maintain the
proposed seventeen (17) foot corner side setback for all pools and fifteen (15) foot for
all screen enclosures on all back-to back lots and other corner lots.
Staff recommended approval of this request subject to the comments identified in Planning and
Zoning Department Memorandum 95-492.
Ms. Heyden advised that the City acquired the park within the Meadows PUD in the early to
mid 1980s. The City also acquired a park site from this property owner less than two years
ago. These two sites are being merged into one larger park of approximately nine acres.
Ms. Heyden advised that the extension of Meadows Boulevard will not be gated. She said
anyone can use that road to get from Lawrence Road to Congress A venue through the
Meadows PUD.
Ms. Heyden stated that Miner Road is a very important road for the City to have in terms of
police protection and fire access. specifically with response times. Because of the location of
Station 3 on the corner of Miner Road and Congress A venue. it is very important for the City
to have an east/west thoroughfare. The extension of Meadows Boulevard to Lawrence Road
was planned in the early 19805. Funds were collected from three property owners to construct
this road. Palm Beach County bad planned on that road being completed by the fall of this
year; however. it has been delayed. She did not know when it will be constructed. but
assumed it will be within a year from now. In the meantime. the Fire Department is looking
for other access routes.
She stated that the City recently acquired property from the Knollwood Groves project to
follow through on the 1989 Comprehensive Plan policy. She explained that the City is divided
into neighborhood planning areas. We look at the needs of each planning area based on the
existing parks. the size of those parks. the type of parks. and the kinds of activities contained
in those parks. The Comprehensive Plan recommends the amount of acreage that the City
needs to acquire to be able to service all the needs of the properties within the neighborhood
planning areas at buildout. KnoIIwood Groves was slated to dedicate the park site the City
17
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
recently acquired. The plan was to merge it with the property we already have to the east.
With regard to the issue of passive recreation versus active recreation, the Comprehensive
Plan looks at the kinds of activities that are needed. However, nothing is finalized until the
City Commission, based on the recreation program, funds the parks. When the architects,
planners, engineers, and surveyors are hired to do the park plan, then the City Commission
decides what the park will contain. Right now, there are no plam to develop that park.
Earlier plans from the Recreation Department indicate that the four acres the City had since
the 1980s would be a passive park, but that could change.
Vice Chairman Golden asked why the connection to Hypoluxo Road was deleted. Ms. Heyden
deferred this question to Mr. Kilday. She stated that the decision to do that involved
marketing, costs, and other issues.
Chairman Dulle pointed out that the connection from the Meadows to Lawrence Road has
existed on the plan since 1989.
In response to Vice Chairman Golden's question, Mr. Kilday explained that the deletion of the
connection to Hypoluxo Road was for the purpose of security for the community. He advised
that eliminating this access point reduces trips on Meadows Boulevard because an additional
access point was added on Lawrence Road.
\. ~.
Mr. Kilday displayed an aerial and the master plan which was inberited when the property was
purchased. The master plan had 389 multi-family units and 150 single-family zero lot line
units. The owner modified the plan to show an ownership collUDlnity of entirely single-family
units. Multiple access points, as shown in the original plan, would create situations where you
did not have any kind of neighborhoods. The owner wanted to eliminate access points as
much as .possible and decided that the best way to do that was to have a primary entrance into
the project and to eliminate the Hypoluxo Road access. In addition, staff had suggested
retaining some access onto Meadows Boulevard for better circulation. The amount of traffic
originally planned from High Ridge Road became less on Meadows Boulevard; however, there
was an increase on Lawrence Road.
Mr. Kilday displayed and reviewed the new plan. He stated that the owner inherited the
requirement of the previous approvals of 1989, including the construction of Meadows
Boulevard. The total unit count was reduced by 115 units, which resulted in less trips on all
the roads. He believes the new plan is an improvement in terms of the overall quality of the
community to be built. It is a reduction of units, and an upgrade in the housing types. He
18
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
displayed the Nautica Sound pun Lot Comparison Study which showed the number of units
and lot sizes as follows:
Lot Size
"ZIt Lots Zero Lot Line Units
Number of Units
o 0
59 0
71 112
16 74
11 81
4,000 to 4,499
4,500 to 4,999
5,000 to 5,999
6,000 to 6,999
7,000 plus
He stated that the average lot size is 6,230 square feet.
With regard to item 7 in Planning and Zoning Department Memorandum 95-492, Mr. Kilday
requested that the verbiage in the second sentence be changed to read, "It is further
recommended that the tree and shrub landscape material be native or moderate drought tolerant
and the hedge material be native or moderate drought tolerant." (The underscored words were
added.) Mr. Haag advised that staff does not have a problem with this change.
Mr. Kilday said he is still working with staff on the phasing of the installation of the
landscaping of the perimeters. He will submit that phasing plan as part of each plat submittal.
Chairman Dube allowed the public to speak.
Gary Maresca, President of Bay Tree, 3 Bay Tree Circle, said there is a tremendous concern
in the community regarding traffic. He asked that this Board look at this and determine what
impact will occur by not having Miner Road built at this time.
Alan Kopp, 37 Tia Way, expressed concern about emergency vehicles having access into the
Meadows without the Hypoluxo entrance. He asked how they will get past the guard gate.
He also asked if there have been any studies showing the impact of fIre and police response
times without the Hypoluxo Road connection. Chainnan Dube assured him that in an
emergency, the police and fIre will go right through the gate. He stated that they are snap off
gates. Ms. Heyden added that a traffic study showing the impact of not having the Hypoluxo
Road connection and the total number of trips that will be generated by the project is available
in her office for the public to peruse
19
MINUTES
RECULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 19, 1996
Motion
Commissioner Bradley moved to ratify the Planning and Zoning Director's determination
of minor site plan moditication in this site plan review. Commissioner Tillman seconded
the motion, which carried 5-0.
The legislative intent of the house eaves was addressed next. Mayor Taylor and City
Attorney Cherof felt this section of the Code was clear.
However, to avoid any misinterpretation or contusion in the future, there was a consensus
of the Commission that the verbiage be changed. City Attorney Cherot will rework that
section of the Code with staff.
XI. UNFINISHED BUSINESS
None.
XII. CITY MANAGER'S REPORT
1. Finalization of Contract Extension with Edward Garcia re: Marina
Property
2. Settlement Agreement re: lleadows 300 Property
3. Executive Session re: Fire Union Contract
City Manager Parker hoped to finalize the real estate extension agreement with Mr. Garcia
by Friday. Therefore, next week, she will be requesting a brief Special City Commission
meeting to ratify that extension as soon as possible. Also, she will be requesting a date
for an Executive Session regarding the Firefighter Union negotiations next week.
. i
City Attorney Cherat also requested a special meeting on Monday. He advised that ".,";\\,e
progress has been made on the language in the settlement agreement with the 300 I
Properties (Meadows Drive). He requested permission to bring this back to the City i ,_
Commission for review in order to expedite the resolution of this matter. /
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At Commissioner Bradley's suggestion, these items will be discussed at the March 25th
meeting at 7:00 p.m. The Executive Session was scheduled for 6:30 p.m.
.../
43
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11 ~II
MINUTES OF THE SPECIAL CITY COMMISSION MEEftNlO
AND JOINT CITY COMMISSION/PLANNING AND DEVELQPM~D.i~t;I;':~; ,iTi- .~..
BOARD WORKSHOP HELD IN COMMISSION CHAMBERS, CIrI H4E!1!:~:J(~ [':::~L,__..
BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 25,1996, AT 7:00 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Matthew Bradley, Commiss!t)ner
Henderson Tillman, Commissioner
Jamie Titcomb, Commissioner
~
Carrie Parker, City Manager
James Cherof, City Attorney,
Sue Kruse, City Clerk .~ 1".:'-
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Planning and Development Board:
Stan Dube, Chairman
Dave Beasley
Robert Elsner
Maurice Rosenstock
Lee Wische
William Burton
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SETTLEMENT AGREEMENT RE: MEADOWS 300 PROPERTY \,' t"t)
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City Attorney Cherof reminded the Commission that this settlement agreement was \J~'c;.., "
previously addressed at a public meeting. However, the property owners and residents <..'
were not comfortable with the language in paragraphs SA and 58 on page 2 of the" ': ;
agreement. They were concerned that we were not going to construct the road \', ., ,;
between Congress Avenue and Lawrence Road. Subsequent to the public meeting, i'
City Attorney Cherof met with Chip Carlson, the attorney for the 300 Properties, and
Larry Portnoy, the representative of the developer, and achieved some language that
gave Mr. Carlson the degree of comfort that he felt his clients would need. That was
the addition of subparagraph 5B which said that part of our responsibility, if we want to
build that road, would be to go to court and demonstrate that there is a public need for a
through street, in addition to other elements. We did that because the current traffic
study indicates that there is no current need for a through street. There are some other
elements of this agreement that are still under discussion that are not substantive in
CALL TO ORDER
Mayor Taylor called the meeting to order at 7:15 p.m.
MINUTES - SPECIAL CITY COMMISSION/PLANNING
AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
MARCH 25, 1996
nature. For example, in paragraph 4, it says that the developer will submit an amended
site plan with some references on it. City Attomey Cherot said they have already done
that in reliance upon the tentative agreement. Additionally, in paragraph 14, there
needs to be some clarification that the public hearing is a public hearing that is open tor
everybody, although the affected parties (the parties who would be impacted by the
construction of the road or by the parks) have special standing to come and be heard.
Additionally, there is some other language that is just cleanup in nature.
City Attorney Cherof felt that a tentative agreement was reached on this at the meeting
last week. However, Mr. Carlson is out ot town. The document was faxed to him on
Friday, but City Attomey Cherot has not had any response from him yet. City Attorney
Cherof requested the Commission's approval to finalize the settlement agreement
based upon these negotiated changes, and to authorize the Mayor to execute it if and
when we work out that final language. He reiterated that the last bits of language would
not be substantive. It will be clarification and cleanup. Otherwise, the agreement would
be exactly as it appears in front ot the Commission.
Motion
Commissioner Trtcomb moved to approve the settfement agreement, subject to minor
modifications. Commissioner Tillman seconded the motion, which carried 5-0.
City Attorney Cherof advised that the document will be changed based upon whatever
discussions we have. It will come back to the Commission one more time for a public
hearing because part of the lawsuit that was pending was an attack on the consistency
with the Comprehensive Plan. Any settlement of that type of lawsuit requires a public
hearing. Therefore, the Commission will see this document one more time, possibly
already signed for ratification.
FlNAUZATlON OF CONTRACT EXTENSION WITH EDWARD S.
GARCIA/OCEAN BREEZE FESTIVAL PARK, INC. RE; MARINA PROPERTY
"~
\
City Manager Parker advised that the Commission does not have any paperwork in
front of them because she and Mr. Garcia's staff did not finish negotiating this until 5:30
this evening and it has not been retyped to include their language. She said she had
questioned the City Attorney about whether or not we need to reconvene the City
Commission at some later date, and he has informed her that this may not be
necessary .
,
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2
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 2, 1996
February 2, 1996. City Attorney Cherof answered affirmative. He said the Association and
the developer had committed to each pay one-half of the cost before the study was
ordered.
Vice Mayor Jaskiewicz asked if any costs were incurred by the City with regard to that
study. City Attorney Cherof advised that the City did not incur any costs with regard to the
study. " ~\n.lt <
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Mayor Taylor asked if the other parties have agreed to this settlement. Don Baron, th<=J"t;-ULA
President of the 300 Properties Association, agreed with all points in the docum7nt and '[\\PA~t
can live with the settlement. Larry Portnoy, Vice President of GL Homes, agreed with \
Mr. Baron.
The motion carried 5-0. //
VII. PUBLIC AUDIENCE
Burt Frankenberger, Jr., a resident of Hunters' Run, advised that a petition signed by
approximately 249 residents was rendered to the City, requesting that the City consider the
environmental impact of cutting down the trees for the Isles afHunters' Run project. He
said the community is in favor of this project. However, the birds nest in the trees on this
site. In addition, they help control mole crickets, which can cause severe damage to the
golf course, snakes, grubs, and mice. If these trees are cut down, the birds will find new
roosting and nesting areas and would have no reason to return to this area. He said
Morton Smith suggested ptanting appropriate trees in the area of the present bird habitat
for the birds to nest in prior to cutting down the existing trees. He stated that former
Commissioner Sid Rosen said that the City would protect these birds and habitat and
require appropriate habitat. Mr. Frankenberger circulated six photographs of the nesting
areas and birds at Hunters' Run.
City Manager Parker referred to Mr. Smith's March 29,1996 letter which was received
Monday afternoon. She said City Forester Kevin Hallahan and the Game and Fresh Water
Fish Commission visited the site. She asked him to address the Commission.
Mr. Hallahan advised that the property purchased by the new developer extends into the
water's edge approximately five to seven feet. Therefore, the new property owner actually
owns that portion of the lake, which includes the trees in question. The residents of
14
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 2,1996
2. Employee of the Month - March, 1996
City Manager Parker asked Mike Fitzpatrick and his family to join her and Mayor Taylor at
the podium. Mr. Fitzpatrick was honored as Employee of the Month for the time and work
he devoted as a General Coordinator of the Let's Build A Playground Project.
Mr. Fitzpatrick was nominated by Melody Green, the City's Recreation Superintendent.
City Manager Parker pointed out that Mr. Fitzpatrick's wife and son also participated in this
project almost as much as Mr. Fitzpatrick did.
Mayor Taylor stated that it is people like Mr. Fitzpatrick and his family who prove that
anything is possible. He said Mr. Fitzpatrick has given so much, unselfishly, of his time and
effort, and his family was right behind him. Mayor Taylor said it is dedication like this that
made the playground become a reality. He had great pride in people like Mr. Fitzpatrick
and stated that this community appreciates him.
Mr. Fitzpatrick stated that his total work only represents a few percentage points of the total
amount of effort involved. There were close to 1,800 volunteers. He thanked Mayor
Taylor, Commissioner Bradley, former Commissioner David Katz, City Manager Parker,
Recreation and Parks Director Charles Frederick, Recreation Superintendent Melody
Green, City Forester Kevin Hallahan, and Bob Taylor of Bethesoa Hospital for making the
difference between a good playground and a great playground. He asked for volunteers
to help finish the playground on April 13th and 14th, from 8:00 a.m. to 5:00 p.m. Some
mulch needs to be moved and some sanding and sealing have to be done.
Mr. Fitzpatrick's next project is to help establish a matrix of greenways through the City.
V. BIDS
None.
VI. PUBLIC HEARING
A. ~Rat.lflcatlon of Settlement Agreement - Meadows 300
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City Attorney Cherof advised that this settlement agreement has been before the
Commission before. If approved by the Commission following the public hearing, it would
settle the appeal of the 300 Properties Association and the challenge that they have raised,
12
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 2, 1996
alleging that the action taken by the Commission was in violation of the Comprehensive
Plan. This settlement agreement confirms the Commission's decision not to construct the
Meadows Boulevard Extension (referred to on the Nautica Sound PUD Plat NO.1 as
Springfield Boulevard) at this time. It also preserves the City's option to construct the road
in the future, subject to five specific conditions set forth in the agreement. The agreement
also leaves unrestricted the City's ability to design or redesign the Meadows Park or the
Nautica Park, which has not yet been designed, subject only to input from the public, which
will be at two separate public hearings.
An area of Springfield Boulevard was previously dedicated as a road right-of-way.
However, through negotiations with the plaintiff in the lawsuit and the developer, it is now
designated as either a road or a park. This gives the City several options with respect to
future development, and the City, after the public hearing process on the park design,
could incorporate what was preserved only as roadway for use within the park itself.
Additionally, to the right of this area, the City has agreed to remove 30 feet of pavement
and road base from the existing road adjacent to the Meadows Park area. We have also
agreed that the Association (the plaintiffs in the lawsuit) could remove additional road base
and pavement to the east of that 30 feet provided they pay for its removal, and landscape
the remaining area. However, they cannot remove any road case or pavement if it will
interfere with the planned park entranceway which is to the right of the edge of that plat.
City Attorney Cherof reiterated that this agreement has been before the Commission
previously. There have been a couple of minor changes, grammatical in nature, and the
exhibits have been designated a little more clearly.
Mayor Taylor opened ~~e public hearing; however, no one wished to speak on this issue.
Motion
Vice Mayor Jaskiewicz moved to approve this settlement agreement. Commissioner
Tillman seconded the motion.
Vice Mayor Jaskiewicz referred to paragraph number 10 of the settlement agreement and
asked if it was originally agreed that the Association and developer shall each pay one-half
of the cost of the traffic study prepared by Yvonne liel Traffic Consultants, Inc., dated
13
BEFORE THE CITY OF BOYNTON
~e .~7~r
/{DJ IE Iff! flU W 1E,fii)
BE lJrJJ OCT, 3/995 ~i
THE 300 PROPERTIES ASSOCIATION,
Inc., a Florida Not-for-Profit
Corporation.
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Complainant,
v.
CITY OF BOYNTON BEACH, a
Municipal Corporation of
the State of Florida,
Respondent.
/
VERIFIED COMPLAINT
COMES NOW, The 300 Properties Association, a Florida Not-for-
Profit Corporation ("Association"), by and through its
undersigned attorney, and files this Verified Complaint pursuant
to F.S. Section 163.3215, and states as follows:
I
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I. JURISDICTION
1. This Verified Complaint is filed pursuant to Florida
Statutes, Section 163.3215; Board of Trustees v. Seminole County,
623 So.2d 593 (Fla. 5th D.C.A. 1993); Parker v. Leon County, 627
So.2d 476 (Fla. 1993); and Board of County Commissioners of
Brevard v. Snyder, 627 So.2d 469, (Fla. 1993), f.n. 1.
2. Florida Statutes, Section 163.3125 provides in
pertinent part:
163.3215 Standing to enforce local comprehensive plans
through development orders.--
(1) Any aggrieved or adversely affected party may
maintain an action for injunctivE:! or other relief
against any local government to prevent such local
government from taking any action on a development
order, as defined in s. 163.3164, which materially
alters the use or density or intensity of use on a
particular piece of property that is not consistent
with the comprehensive plan adopted under this part.
(2) "Aggrieved or adversely affected party" means
any person or local governmer.d:. which will suffer an
adverse effect to an interest protected or furthered by
the local government comprehensive plan, including
interests related to health and safety, police and fire
protection service systems, densities or intensities of
development, transportation facilities, health care
1
facilities, equipment or services, or environmental or
natural resources. The alleged adverse interest may be
shared in common with other members of the community at
large, but shall exceed in degree the general interest
in community good shared by all persons.
(3)(a) No suit may be maintained under this section
challenging the approval or denial of a zoning,
rezoning, planned unit development, variance, special
exception, conditional use, or other development order
granted prior to october 1, 1985, or applied for prior
to July 1, 1985.
(b) Suit under this section shall be the sole action
available to challenge the consistency of a development
order with a comprehensive plan adopted under this
part.
(4) As a condition precedent to the institution of
an action pursuant to this section, the complaining
party shall first file a verified complaint with the
local government whose actions are complained of
setting forth the facts upon which the complaint is
based and the relief sought by the complaining party.
The verified complaint shall be filed no later than 30
days after the alleged inconsistent action has been
taken. The local government receiving the complaint
shall respond within 30 days after receipt of the
complaint. Thereafter, the complaining party may
institute the action authorized in this section.
However, the action shall be instituted no later than
30 days after the expiration of the 30-day period which
the local government has to take appropriate action.
Failure to comply with this subsection shall not bar an
action for a temporary restraining order to prevent
immediate and irreparable harm from the actions
complained of.
, I
.1
II
II. STANDING
3. Petitioner, The 300 properties Association, an Florida
not-for-profit corporation ("Association"), is the master
property owners association for the Meadows Planned unit
Development ("Meadows"). Membership in the Association is
mandatory. That is, membership in the Association comes with
ownership of a residential property in the Meadows pursuant to
covenants and restrictions on the land.
4. The
effect to an
Boynton Beach
property-owner members will suffer an adverse
interest protected or furthered by the City of
Comprehensive Plan ("Comp Plan") as a result of the
2
actions of the City of Boynton Beach ("City").
5. The Association itself will suffer an adverse effect to
an interest protected or furthered by the Comp Plan as a result
of the actions of the City.
6. The Association represents the interests of its
members.
7. The Association in its own right is an adversely
affected party.
8. The Association on behalf of it members is an adversely
affected party.
9. The Meadows is an approximately three hundred acre
residential development consisting of approximately 1,375 units
lying east and south of, and adjacent to, the property which is
the subject of this Verified Complaint ("Knollwood/Nautica Sound
Property") .
10. The adverse affect to the Association and its members
is different both in kind and degree from the general interest in
community good shared by all persons.
11. The Association has standing pursuant to Southwest
Ranches v. Broward County, 502 So.2d 931 (Fla. 4th D.C.A. 1987),
rev. den. 511 So.2d 599 (Fla. 1987); and Citizens Growth
Management. Coalition v. West Palm Beach, 450 So.2d 204 (Fla.
1984) .
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III. FACTUAL ALLEGATIONS
12. On September 12, 1995, the City of Boynton Beach issued
a development order which materially alters the use or density or
of use on the Knollwood/Nautica Sound Property.
13. On or about October 17, 1989, the City adopted
Ordinance No 89-36, thereby issuing a Development Order for the
Knollwood Groves, PUD ("Knollwood Development Order") on the
Knollwood/Nautica Sound Property.
14. The Comp Plan was adopted November, 1989.
15. The Knollwood Development Order was issued prior to the
adoption of the Comp Plan.
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SOUTH ROAD
16. The Comp Plan, Traffic Circulation Element, Policy
1.18.1, provides in pertinent part that:
Subsequent to Plan adoption, [the City shall] provide
safe and convenient on-site traffic flow by continuing
to enforce the City's. . . street design requirements
contained in the Subdivision and Platting Regulations.
17. The subdivision regulations at the time of adoption of
the Comp Plan were found as Appendix C, Subdivision and Platting
Regulations, of the City of Boynton Beach Code of Ordinances.
18. These Subdivision and Platting Regulations are now
found in the Land Development Regulations, City of Boynton Beach,
Florida ("LDR'sll)
19. Some of former Appendix C is now found in Chapter 6 of
the LDR's
20. These subdivision and platting regulations found now in
the LDR's provide in Chapter 6, Article IV, Section lOB, "Street
Right-of-way width," that collector streets have an eighty foot
wide right-of-way and local streets have a sixty foot wide right-
of-way.
21. The subdivision regulations of the LDR's, provide in
Chapter 6, Article IV, Section 10M, provides:
Local Streets. Local streets shall be laid out so as to
discourage through traffic. (emphasis added).
22. Article II of Chapter 6 defines "local street" as:
A route providing service which is of relatively low
average traffic volume, short average trip length or
minimal throuah-traffic movements, and high land access
for abutting property. (emphasis added).
23. Article II of Chapter 6, defines "Collector street" as:
A route providing service which is of relatively
moderate average traffic volume, moderately average
trip length, and moderately average operating speed.
These routes also collect and distribute traffic
between local roads or arterial roads and serve as a
linkaae between land access and mobility needs.
(emphasis added).
4
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INCONSISTENCY OF THE SOUTH ROAD WITH THE COMPREHENSIVE PLAN
24. The Knollwood Development Order required that the
developer of Knollwood provide an eighty foot collector road
along the south property line to connect to an existing sixty
foot road stubbed out in the Meadows.
25. By providing this interconnection,
Development Order allowed through-traffic between
and Congress Avenue.
26. This through
local road, and through
the Meadows.
the
Knollwood
Lawrence road
traffic will necessarily travel over a
the established residential community of
27. The Knollwood PUD was inconsistent with the Comp Plan
by providing a means by which through traffic can go through the
Meadows.
28. The sixty foot local road stubbed off in the Meadows to
which the Knollwood south eighty foot collector connects was
never intended to provide through access to Lawrence Road.
29. The Meadows sixty foot local road was intended only to
yprovide access to "landlocked" parcels west of the Meadows and
l/er'1 r'X' not contiguous to Lawrence Road.
+ ,'IV . I
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[~ internal Meadows loop road south of the sixty foot Meadows local
road for the same purpose of providing access to property to the
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west.
31. This similar stub-off was eliminated as an access point
for development to the west of the Meadows because it was no
longer needed.
32.
Knollwood
) u.') tJi5,fs
/"
The Recreation and Open Space Inventory Map shows the
park at the southwest corner of the Knollwood PUD,
PARK LOCATION
: 1
adjacent to Lawrence Road, as "N48."
33. The text of the Recreation and Open Space Support
Document, Section IV, Summary/Recommendations, 0, Expand Parks
and Recreational Facilities, 1, Park Development: Planned Parks,
a. Neighborhood Parks, Item 7, Knollwood Groves Site (2010)
5
provides, in pertinent part:
This [five acre] dedicated park should be located so as
to maximize access and best serve nearby residents.
(emphasis added).
34. The text of the Recreation and Open Space Support
Document, Section IV, Summary/Recommendation, D, Expand Parks and
Recreation Facilities, 1, Park Development: Planned Parks, a.
Neighborhood Parks, Item 9, Meadows 300 Dedicated Site #1 and
Site #2 (2000), provides:
This 4-acre site and 7-acre site, which were acquired
through the subdivision ordinance, are classified for.
mid-range development. In order to maximize future use
of these sites, and prevent conflicts, the residents
. /1 within the Meadows, 300 PUD should be involved in the
~~~(~~/' _ design process for these two parks.
~~~~
I INCONSISTENCY OF KNOLLWOOD PARK LOCATION WITH THE COMP PLAN
35. The Knollwood Development Order provided that
required five acre park from Knollwood be located at
southeast corner of the project.
36. This location of the Knollwood Park is inconsistent
with the Comp Plan because it is not located so as to maximize
access and best serve nearby residents.
.J;.~ 37. .This location of the Knollwood Park is inconsistent
tz. I~r', with the Comp Plan because it is located in a different place
I t-v..(4J!
pij~~ ~~ than set forth on the Recreation and Open Space Inventory map.
'nnJ (ff~~~l 38. The five acre Knollwood Park and the four acre Meadows
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the
the
'Park are planned by the City to be a nine acre park.
39. The location of this combined nine acre
park
is
I
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inconsistent with the Comp Plan.
40. The location of this combined nine acre park has an
affect on the design of, and what uses will be placed in, the
park. ,t t..UJ'c.{'.5 i <h'6"'- -1/r...L
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41. The Comp Plan requires that development of the ~eadows
four acre park be coordinated with the Meadows residents to avoid
conflicts.
42. No coordinati?n with the Meadows residents was ever done.
(. ;j I
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EXPIRATION OF KNOLLWOOD PUD DEVELOPMENT ORDER
43. By the terms of the City Code, the 1989 approval of
Knollwood expired eighteen months after the zoning was approved.
44. Section 10C of Appendix C of the City f s Code of
Ordinances provides in pertinent part:
If the preliminary development plan and final
development plan as set out in section 11 below has
(sic) not been commenced wi thin eighteen (18) months of
the date of zoning of land to PUD, then the approval of
rezoning shall be subject to review by the city
commission. The city commission shall direct staff to
submit to the city commission an application which will
down zone the property to the original or appropriate
zoning district. Following such direction by the city
commission, no new development permits affecting the
property shall be issued by the city until a final
determination is made by the city commission following
notice and public hearing. Upon written request of the
applicant prior to the expiration of the PUD
classification, the city commission may extend for one
(1) additional year the period for commencing platting
procedures. In granting such extension the city
commission may impose additional conditions to ensure
completion of the platting process and conform the
project to current development standards, and to
protect the health, safety and welfare of adjacent
developments.
If the preliminary development plan and final
development plan as set out in section 11 below has not
been commenced within eighteen months of the date of
zoning of land to PUD, then the PUD classification and
LUI [Land Use Intensity] rating shall revert to
original or highest zoning. A new plan approval shall
be required with procedures as for a new application
for zoning (including payment of fees) and no such new
application shall have the effect of increasing the LUI
rating as previously applied. (emphasis added).
45. Section 11 of Appendix C provided:
Plans for development of land zoned to PUD shall be
processed in accordance with procedures established in
the city subdivision regulations. * * * *
Once preliminary development plan and plat approval
has been obtained the applicant shall proceed in
accordance with the requirements of the subdivision
regulations. (Ci ty of Boynton Beach Code of
Ordinances, App. B, Section 11).
46. Sections 10C and 11 are now adopted as part of Chapter
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2.5 of the LOR's without substantive amendment.
47. On March 12, 1991, the Planning and Zoning Board
approved a master plan modification to Knollwood Groves.
48. The City Commission determined that the 1991 change to
Knollwood was not substantial.
49. Section 12 of Appendix B (now found in Chapter 2.5 of
LDR's) provides in pertinent part:
Nonsubstantial changes as determined by the city
commission in plans shall not extend the expiration of
the eighteen-month approval for the PUD classification.
(emphasis added).
the
50. Given that the initial PUD zoning was granted October
17, 1989, by Ordinance Number 89-36 and that the March 12, 1991,
nonsubstantial change to the plan did not extend the expiration
date, and even assuming an extension request had been applied for
timely, and granted, under the terms of Section 10C, above, the
PUD expired no later than April 17, 1992.
AGREEMENT PURPORTING TO VEST PROJECT
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51. On AprilS, 1994, the City Commission and the property
owner entered into and agreement that purported to vest the 1991
Knollwood Development Order ("AprilS, 1994, Agreement").
52. The AprilS, 1994, Agreement provides in paragraph 2
that the owner would pay $108,515 toward the design and
construction of Miner Road and, when required by the City, would
convey the.five acre park in the southeast corner of Knollwood.
53. Paragraph 4 of the AprilS, 1994, Agreement provides:
City agrees that upon Knollwood complying with the
provisions set forth in Paragraphs numbered 2 and 3
above, Knollwood shall be deemed to have commenced
development as contemplated by Section 10(c) of
Appendix B of the Planned Unit Development Code of the
City of Boynton Beach thereby vesting Knollwood for
purposes of this Section.
54. The requirements for paying part of a $760,000 road
improvement contribution toward Miner Road and conveying a public
park were already requirements of the Knollwood PUD approval.
55. The $760,000 was to have been posted within a year of
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the 1989 Knollwood Development Order being issued.
56. Only the amount to be contributed toward Miner road was
not established in the original Knollwood Development Order. The
$108,515 amount was established by the AprilS, 1994, Agreement.
57. A First Addendum to the AprilS, 1994, Agreement was
entered December 12, 1994. That First Addendum required payment
in lieu of 0.6 acres of land:
. . . in an amount calculated in accordance with the
procedures set forth in Section 8, Article IX of
Appendix C of the Code of Ordinances of the City of
Boynton Beach, in conformance with the requirements of
the Development Order pertaining to the property.
Payment shall be made at the time of, and as a
precondition to, the approval by the City of the first
Plat
58. The resolution approving the First Addendum also
accepted the deed for the park site.
59. The AprilS, 1994, Agreement and First Addendum are
invalid as ultra vires.
60. The AprilS, 1994, Agreement and First Addendum are
void ab initio.
61. The AprilS, 1994, Agreement and First Addendum do not
i have the legal effect of vesting the Knollwood Development Orders
"
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: I against expiration under the terms of the City's ordinances.
62. Knollwood is unbuilt.
63. No development was ever commenced. No preliminary
development plan was ever filed for approval.
I 64. No site plan for a pod or part of the project was ever
II filed for approval.
!I 65. The project was never platted in whole or in part.
I 66. The Knollwood Development Orders expired and could not
I be amended.
67. The Knollwood Development Order was not vested against
applicability of the Comp Plan.
HYPOLUXO ROAD CONNECTION
68. The Knollwood PUD Development Order provides for an
eighty foot collector road connecting from the south-boundary
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eighty foot collector road to Hypoluxo Road.
69. The eighty foot collector road connection between
Hypoluxo Road and the south eighty foot collector road diverts
traffic from the Meadows by allowing it to get directly to
Hypoluxo Road.
70. The Hypoluxo-eighty-foot-collector-road-connection
lessens the need for a through-connection to the Meadows for
~ 6-~~,- emergency vehicles by providing a second access off a major
vi J thoroughfare to the Knollwood PUD.
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NAUTICA SOUND AMENDMENT
71. In or about July of 1995, the owner or contract
purchaser of Knollwood applied for a "minor amendment" to the
Knollwood Master Plan. The amendment renamed the Knollwood PUD
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to Nautica Sound. The changes to the development proposed by
this amendment, as approved by the City, are collectively the
"Nautica Sound Amendment."
72. This Nautica Sound Amendment development order was
issued September 12, 1995.
73. This Nautica Sound Amendment eliminates the eighty foot
collector road connection between Hypoluxo Road and the south
eighty foot collector road in its entirety.
74. This Nautica Sound Amendment eliminates any access
whatsoever to Hypoluxo Road.
75. This Nautica Sound Amendment sought to gate the rest of
the community as a private community.
76. This Nautica Sound Amendment provides for the south 80
collector road connecting to the Meadows so as to provide through
access to Congress Avenue from Lawrence Road.
INEFFECTIVENESS OF NAUTICA SOUND AMENDMENT
77. Because the Knollwood Development Order expired by its
terms, the City could not accept, review, consider, act on, or
approve the application for the Nautica Sound Amendment.
78. Because the Knollwood Development Order is not vested,
the City could not accept, review, consider, act on, or approve
the Nautica Sound Amendment as a nonsubstantial change.
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79. The City's action on the Nautica Sound Amendment is
ultra vires and void ab initio.
INCONSISTENCY OF THE NAUTICA SOUND AMENDMENT WITH THE COMP PLAN
80. Because the Knollwood Development Order expired or was
not vested, the City was required to bring the proposed Nautica
Sound Amendment into consistency with the Comp Plan.
81. The Nautica Sound Amendment is inconsistent with the
Comp Plan in that it failed to require that the five acre park be
moved to a location consistent with the Comp Plan.
82. The Nautica Sound Amendment is inconsistent with the
Comp Plan in that it failed to eliminate the interconnection of
the south eighty foot collector road to the Meadows sixty foot
local road, thereby providing for through traffic.
83. The Nautica Sound Amendment is inconsistent with the
Plan in that it eliminated the Hypoluxo Road access.
84. The Nautica Sound Amendment is inconsistent with the
Comp Plan in that it eliminated the Hypoluxo Road-south road
connection by way of the eighty foot collector along the east
boundary of the property while providing for the connection into
the Meadows to remain.
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85. At the same time the Nautica Sound Amendment was being
reviewed and approved by the City, another application for
commercial uses on Hypoluxo Road adjacent to the Nautica Sound
property was being considered and approved by the City ("Adjacent
Commercial Property").
86. The Nautica Sound Amendment is inconsistent with the
Comp Plan by failing to coordinate access of the Nautica Sound
Amendment with the Adjacent Commercial Property.
) 87. The Nautica Sound Amendment is inconsistent with the
,
Comp Plan by failing to provide common access to Hypoluxo Road
for the Nautica Sound Property and the Adjacent Commercial
Property.
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IV. STANDARD OF REVIEW IS STRICT SCRUTINY
88. The standard for review of whether a development order
is consistent with the Comp Plan is strict scrutiny. Board of
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County Commissioners of Brevard v. Snyder, 627 So.2d 469 (Fla.
1993).
89.
So.2d 468
519 So.2d
compared
As is stated in City of Cape Canaveral v. Mosher, 467
(Fla. 5th D.C.A. 1985), cited in Machado v. Musgrove,
629 (Fla. 3rd D.C.A. 1987), if a development order, as
to the norm which establishes consistency,:
. deviates or departs in any direction or degree
from the parameters of the norm, the compared item or
action is not 'consistent' with the norm. (emphasis
added) .
90. Machado also provided that the a consistency
determination is subject to the strict scrutiny of the reviewing
court based upon competent substantial evidence of record. In
defining "strict scrutiny" in the context of land use decisions,
the Court said:
Strict implies rigid exactness, or precision. A thing
scrutinized has been subjected to minute investigation.
Strict scrutiny is thus the process whereby a court
makes a detailed examination of a statute, rule or
order of a tribunal for exact compliance with, or
adherence to, a standard or norm. It is the antithesis
of a deferential review. (citations omitted) (emphasis
added) .
II
91. The Machado Court stated:
Where the record is silent, or the evidence shows
nonconformity with the plan, e.g., that a proposed
project constitutes a. . lesser intensity of use
[or] a different and incompatible character of use . .
. the requested rezoning will be denied as inconsistent
with the comprehensive plan.
92. Snyder cited Machado favorably in upholding the strict
scrutiny standard for reviewing court a development order.
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WHEREFORE, Petitioners pray the City of Boynton Beach to
declare the Nautica Sound Amendment development order and
Knollwood Development Order void, expired, or otherwise of no
force or effect; or, in the alternative, declare the Nautica
Sound Amendment development order and Knollwood Development Order
to be inconsistent with the Comp Plan and make such amendments to
the Nautica Sound Amendment development order as will render the
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project strictly consistent with the Comp Plan; and to grant such
further relief as the City deems just and appropriate.
R~pec~frlly, ~ubmitted,
~'i IL \ (t'~/----
Richard W. Carlson, Jr., Esq.
Fla. Bar No. 345520
2377 Crawford Court
Lantana, FL 33462-2511
Phone (407) 433-0172
Telecopier (407) 433-0874
I HEREBY CERTIFY I have personally prepared the foregoing
Verified Complaint, and that, to the best of my knowledge,
information, and belief formed after reasonable inquiry, it is
not interposed for any improper purpose, such as to harass or to
cause unnecessary delay or for economic advantage, competitive
reasons or frivolous purposes or needless increase in the cost of
litigation.
j2~/( tV I-
Richard W. Carlson, Jr., Esq.
I HEREBY CERTIFY that a true and correct copy of the
foregoing Verified Complaint was served on the City Clerk, City
of Boynton Beach, Florida, by Hand Delivery, this 12th day of
October, 1995.
K~J( lvi
Richard W. Carlson, Jr., Esq.
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