LEGAL APPROVAL
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AGENDA MEMORANDUM NO. 93-35C
April 20, 1993
IX. LEGAL
D.1 Discussion of new high school issue relevant to the
Klatt property
The attorney for the Klatt property has informed the City that
the property owners and the School Board have reached an
agreement on the price of the property for a new high school, but
there were other items relative to the sale that needed further
discussion with the City Commission.
The two items are the~nactment of a transfer of development
rights ordinance and ~equest to the County by the City, that
the specific area be allowed to lower its level of service with
regard to the traffic performance standards. The full explanation
of each of these items is contained in the attached letter for
City Commission discussion and further direction.
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Carrie Parker
Assistant City Manager
CP : j c
Attachment
RECE\VE.O
~~R '2. 9 \993
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SCHROEDER AND LARCHE. p, ^.
AnO!tNiYS A.T U....
ONE 100. P\.AC[, SUITE 319. ^ mUM
22H QLAOES ROA.D
BOCA RATON. J:'I.OIUOA 314 H - nil
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tl::LECOPIIEIl \40?\ 1<&' -079&
April 16, 1993
TJIA TEL~eoPI2R (~07) 738-74~9
Edward Harmenin9, H~yor
ci~y of Boynton Beach
100 X..t Boyn~on B.~ch Boulevard
Boynton Soaoh, Florida 33.3~
Ref P~opo.od Sale ot ~att property at Conqress
Avenue and old Boynton Beach Road to Palm Beach
County Scheol Board
Dear Mayor Harmening:
As you know we represent Hr. and Hrs. Klatt, the owner. of
the above-referenced property vhich consiats ot approximat.ly 105
aoree . '1'he Pa11l Beach County School Board bas suhmi tt.d &
purohase otfer to my c11ent. indicatinq an interest in purcha.in~
approximately 60 acres for the proposed hiqh school subject, of
oourse, to final approval by the Board.
My clients have advised the School Board staff that they are
interested in proceedinq with the sale ot t:ha property to the
Sc::hool Soare and the tens and conditions of that proposed
oontract tor sale are currently beinq neqotiated.
My Clients recognize that many city residents w.n~ to have
the new hlqh school located within t:he City and the various
ben.tits that cou14 inure to the City a. a r.sult. They are also
aware that there are other sites beinq considered by the School
!Soara, at least one ot which 1. not looa~ed within the city
limits, and that eaoh site naturally haa i~. own advan~a9.. and
d1sadvantaqas. We are a110 aware of ~. conoer.n. that have been
expressed by 80.. people to the eft.at tha~ locCltin9 t.he hiqn
achool w1thin the City would r..ult in .lialnlltinq .iqn1tlcan~
acreaqe tro. the tax baa. at a ~i.. when the city i. greatly in
need ot tax revenue..
'raking the issue. reterred to above ineo c:onsi<1erat1on, .Y
Client. are attempting to .t.ruct.ur. an arranqaent which would
encourage tne SChool Board eo ..l.ot ~.1r property tor the new
high school and thereby locate the .ohool within the City lill1tB
Edward Hanaeninq, Mayor
ci~y ot Boyn~on Beach
April 1~, 1003
Page 2
and vhien would avoid any eroaion of the tax b... while .~ill
p.r1Di~tinCJ .Y clien~. 'to receive a re.aoftal:lle return for 'their
property.
My olients have already taken 'the tirst steps in this r.9~rd
by indioa~ing to the Sohool Board . willingn... to ..11 the
prop.rey at the price offere4 by the Board, without negotiation,
provided oertain .oditlc~tlon. to the propo.ed .ite plan are .~de
and t.hat. '\;he School l3o~rd purchases sufficient: ~cre<<lqe to meet
its needs for acee.., retention ~nd the like. We have indicated
to the school Board l!ttaff, however, that. this acceptance et their
offering price i. condit.ioned upon my Client. b.in~ Able to enter
into CI suit.CLble arrcmg-e..nt with t.he city with. re.pect to tbe
forty to forty-tive acre. of the property thAt will remain in my
clients' ownership if the Scheol Soard transaction is closea.
In this regard, my clients are reque8t1ng that the City
Commi..ion approve the entry into an a9reement between my c11en~s
and the City that would proviae tor tn. fOllowing:
1. The enactment ot a transter ot development r1qhts
ordinance permitting the ~ran'f.r ot aevelopment r1ght. trom one
parcel within the city to another and., it. the SChool Boar<1
purchases the school site trom .Y clients, approving the transfer
ot the density con~emplated by the City" co.prehensive plan tor
the property beinq 801d to the School BOard to the torty to
forty-tive acres that will be retained by .Y Client.. As I ..
sure you are aware, the concept of an ordinance pe~ittlng the
transter of development rights is not new and it i. .y
understanding that the County has had such an ordinance in .ftect
tor some time. This density transfer aceo.plishes two iaportant
objectives. First, it penlits the high school to be located
within the City limits without any loss in tax bas. and second
prOVides an appropriate incentive tor .Y cliente tn accept the
School Board's initial ofter without turther negotiation
reqarc11nq price.
2. As you know, it appears that siqniticant oftsita
roadway improvuents will be necessary it the high school i.
located on .y clients' property. Obv1ou.ly this has the effect
of increasing the overall cost of the property to the SChool
Edward Harmening, Mayor
ci~y ot Boyn~on Beaoh
April 16, 1993
Pa,. 3
Board. The.e oEf.i~e iDprov..on~. are ne~e.sitate4, at least in
part, as a re.ul~ of the appli~Cltion o~ the County.. tra.etic
performAnce .~andard. and u'tili...tion o~ the County'. C;:Qap101ter
model in analyzinq tratfi~ in the area and ~eve~s ot ..rvice on
the vArious attected roadway.. Whil. the roadways in thi. area
are, aB a prac~ical a.t~er, by no ..ana anywhere near a gridlock
situation, the application of the .tandards and current computer
model apparently would dic~at. the nec..sity tor the additional
roadway blprov....nt.. Pr.sWllably, even ~urth.r improve_ants
would be required at t:he till. my client. .ought to have the
remainder ot their property developed and it ..y even be the ca..
that the application of the c~put.r model and trartic standards
would preclude that development and thu. turther inhJb1t ~he
development of tax base within the City.
When considering the traffic situation in the vicinity Of
the Boynton Beach MAll, it i. important to recoqn1ze tha~ 'the
County's comprehensive l.n~ use plan, in and or itselt, created
traffic problems by virtue ot the county hav1nq made the
affirmative decision to concentrate commercial aevelopment in the
corridor alonq conqres8 Avenue, running trom WOOlbright Road at
the south to beyond Hy'poluxo Road at tne north. Thus, havinq
c;1ecided that, trOll a planninq 8tand.point, it was de.1rable to
concentrate coma.re1al develop.ent in thi. area, the County
created a concentration ot traffic in that area a8 a result. The
city an<1 the property owners in the area in question now find
themselves faced with slqn1ficant i_pediments to the development
or addit10nal tax bas. because of this conscious decision on the
part ot the county.
Tne county in 1 ts traffic performance standard. ordinance
recognizes that special circumstances may affect certain areas
and therefore there 11 provided within the ordinance a mechanism
by which a municipality has the riqht to request that a
particular area be approved for lower levels of service t.~an
would otherwise ~e penni tted l:ly the ordinance. The Ci ties ot
Riviera Beach and West pal. Beach, among others, have already
embarked upon ~~i. process and it would appear to be appropriate
tor the City ot Boynton to do the same with respect to the
commercial corridor in que.tion. Since the ordinance proviae.
Edward Rars8nil'lg, Kayar
city ot BoyntOl'l Beach
April 16, 1993
Page 4
that tho applioation for thi. designation may only be made by
municipaliti.., wo are requesting ~ha.t ehe City of Boynton Beach
a9ro. to apply tor and pur.~c ~e obtainment of this designation.
My olients are prepared to rois. the fun4s from affected property
owner. to pay the oost. as.ociated wi~ preparation, tilinq and
prooe.sing of the application so that this could be dene at no
expense to the City other than the contribution or the t1118 or
oertain .tatt member. whose assistance and input would be
neoe.sory.
While the obtoinment of this desiqnatlon may not result in
eliminatin~ the need for all ort.ita roadway improve.ent.
necessary in conjunction with the construction of the b1qh .Chool
or the development ot undeveloped properties in the area, it
would, undoubtedly, facilitate such c1evelop.en1:. The County
CommiBsion has recognized tha~ the trattlc performance standards
and computer .odel may very well unneces.arily be 1Japed1nq the
development ot tax base and has appointed a special task toree
fo. the purpose ot rev1ew1nq both the atandards and the -04el to
see what might be done in order to alleviate the situation. I
have spoken with the county Enq1n..r's ottice with respect to
this matter an~ have been advised that while the task torce is
lIovinq .torward with ita work, it is not expected that any
conclusion will be reaChed -in the foreseeable future. The .i~le
tact, however, that the county haa recoqn1zed the probl 811 , as
evidencec1 by its creation of the task toree, may well be an
indication or the favorable considerat1on that .ay be accorcSed
the application we are sU9qestinq should be filed. Even it the
school BOard were to determine not to proceed with the location
ot the h1gh school upon .y clients' property, it would seem
evidene that it is 1n the belt 1nterest of the city to .ake this
apPlication to facilitate the timely development ot additional
tax base in this commercial corridor.
Atter you have had an opportunity to consider this letter We
would welcome the chance to discu.. it with you and appropriate
members of City staff and with the city co-.i..ion it..lf. It is
our understanding that the School Board i. qoinq to cona1der the
issue of the location for the new high school at its ...tinq on
Kay S. We would request, therefore, that thi. requ..t be brought
, ,
Edward Ha~.ning, Hayor
ei~y of Boyn~on Boaah
April 16, .l993
Page 5
before ~e ci~y comai..ion ~rior to
Q~n finalize their ne~Qtiation. wi
thus perait. t.he st.aff to pre.ent.
School BoArd tor it. decision at th
that ~t.. .0 ~a~ .Y olient.
the SohoQl Board Dtatt and
coaplet.ed proposal to tohe
iae.
MAS : bmlJ