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LEGAL APPROVAL MINUTES - PlANNING ~ DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report fram the Planning and Zoning Department 1. Final disposition of last month's agenda items . - ---------------- Ms. Heyden reported on the City Commission's decisions regarding the items that were on the last two Planning and Development Board agendas. With regard to the rezoning and land use amendment request for the Woolbright Professional Center, the City Commission upheld the Planning and Development Board's decision to deny this request. The City Commission recommended that the four annexation applications (the Windward PUD, Royal Manor Mobile Home Park, Carriage Gate, and Lawrence Oaks) be transferred to the Department of Community Affairs. The three preliminary plats (the Citrus Park PUD, the Vinings at Boynton Beach - Phase 1, and Nautica - Plat I and Plat II (Boynton Nurseries)) that were on the January 31, 1995 Planning and Development Board agenda have not gone to the City Commission yet. The City Engineer has detenmined that when all the comments are resolved, the preliminary plat and the final plat will be combined and taken to the Commission. B. City Commission Code Revision WOrkshop Ms. Heyden announced that on February 16, 1995, the City Commission will be discussing the platting and land development regulations. She urged the members of this Board to .attend. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Subdivisions Mister Plan Modification 1. Project Name: Agent: Owner: Location: Description: Cedar Ridge Estates PUD Dennis Koehler Condor Investments of Palm Beach County, Inc. East side of High Ridge Road, approximately 800 feet north of Miner Road Request to modify the previously approved master plan to revise density, acreage, unit type, layout, setbacks and roads - 2 - MINUTES - PlANNING Ah~ DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 Ms. Heyden stated that this property, located on the east side of High Ridge Road, approximately 800 feet north of Miner Road, is 40.8 acres and was origi- nally approved with 197 dwelling units. Most of the physical improvements are in, such as the street lights and roads, but no units have yet been constructed. The changes being requested are as follows: The deletion of 11 single-family lots from the PUD so they can be purchased by the Lake Worth Christian School. The elimination of a 6' high wall along the south property line between this PUD and the High Ridge Commerce Park PID to the south. Changing of the internal road system from public to private. An increase in the height of the 34 single-family lots from 25' to 35'. Due to the change from multi-family to townhouses, setbacks need to be established for each townhouse lot. A change in the multi-family unit portion of the project from 152 rental apartments to 110 fee simple townhouses. The lot size proposed is 24' wide by 95' long. The mixture of recreation is changing. Based on close coordination with the Recreation Department, a meeting hall, swimming pool, jogging trail, children's play area, and turf play area are now being proposed. These five items have been reviewed for location, size and content, and have been detenmined to qualify for a private recreation credit. The last change is the required buffer area along the south property line, installation of a limited access easement along the east property line, and lake plantings around the water management tract. Ms. Heyden advised that this property was annexed in October of 1982. The final plat was approved in 1983. Based on the plat, funds were collected and a lot of infrastructure was installed. But then construction ceased and the property was taken over by the FDIC. Condor Investments has owned this property since 1993. Ms. Heyden stated that staff recommended 50 percent credit for the private recreation facilities. They attempted to reach a compromise regarding the amount of payment, fonm of payment, and time of payment for the remaining 50 percent due. She explained that the property was platted over ten years ago without all the required improvements being constructed. Bonds were posted, but have expired, and the bond company is no longer in existence. Therefore, staff's recommendation with regard to the recreation issue is unique and speci- fic to this project. She stated that at the time of filing the 1983 plat, a bond (not cash) was collected for 110 percent of the recreation fees, less 50 percent credit for private recreation. Although this is allowed by Code, this is not the option that staff chooses today. However, staff recommends the same kind of treatment that was allowed in 1983. - 3 - MINUTES - PlANNING t-....oJ DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 Ms. Heyden stated that no other approvals are required prior to the applicant applying for a building permit for the single-family homes. However, based on the type of units now proposed, the multi-family portion will need to be replatted. In addition, at the time of platting, the land value was set at around $25,000.00, which no longer reflects the current market value. Therefore, this issue also needs to be addressed. Ms. Heyden advised that at their February 7, 1995 meeting, the City Commission detenmined that the changes were not substantial in nature, and eliminated the following staff comments: Comment 3.A of Recreation and Park Memorandum 195-048 (payment of fees in lieu of dedication). The City Commission agreed to allow the applicant to pay the recreation fee on a pro rata basis at the time of permitting the 34 single-family homes. However, if permits have not been pulled for the entire 34 units within 18 months, the entire balance has to be paid. Comment 3.B of Recreation and Park Memorandum '95-048 (replatting the townhouse secton) was clarified. The balance has to be paid prior to the final plat. Comments 8, 13 and 16 of the Planning and Zoning Department Memorandum dated February 2, 1995: Ms. Heyden said she requested that the City Commission delete Comment 16 regarding the additional requirements prior to permitting the single-family units. This will be coordinated separately from this request. Comment 13 dealt with verification of the purchase price. Staff and the City Commission accepted the land value of $30,380.67. Comment 8 dealt with the T-turn arounds versus providing cul-de-sacs. The Commission felt the T-turn around was acceptable since there are a limited number of units on one of the streets between Building 2 and Building 3. Staff recommended that this request be approved, subject to staff comments, with the exception of comments 8, 13, and 16 of the Planning and Zoning Department Memorandum dated February 2, 1995, and the revisions regarding comments 3.A and 3.B of Recreation and Park Memorandum 195-048. In response to Vice Chairman DUbe, Ms. Heyden advised that everything was agreed to at the City Commission meeting. There have been no changes since the City Commission meeting. Mr. Golden asked if there was any discussion at the TRB meeting about the buffer wall along the south property boundary. He knows the developer of the industrial property is going to provide a wall when that property is developed. However, he was concerned about the wall not being uniform. Ms. Heyden stated that this was not discussed at the TRB meeting. However, it was discussed at - 4 - MINUTES - PLANNING ~.~ DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 the City Commission meeting. She advised that staff is not in favor of building buffer walls on a lot by lot basis. However, the City Commission has previously taken the position that buffer walls invite graffiti. Also, they have expressed concern about maintenance of buffer walls. Therefore, they would prefer vegeta- tion rather than buffer walls, which is what this applicant is providing. However, when the industrial property is developed, the developer will have to bu i1 d a wa 11 . Mr. Golden expressed concern about the industrial lots maintaining the same design. Ms. Heyden explained that staff will probably do what they have been trying to do with Quantum Park. About two years ago, it was decided to allow them to construct their buffer wall on a lot by lot basis. Staff has been trying to get them a model drawing of what the landscaping and buffer wall should look like. Mr. Koehler, the attorney for the applicant, introduced his client, Joe Basile, Jr., and a representative of Land Design South, the company that did the site plan. He displayed a color rendering of the master plan, and distributed some graphics to the Board members. Mr. Koehler stated that Mr. Basile had contracted to purchase all but the easternmost eleven lots of the single-family portion of the PUD. The Lake Worth Christian School has plans to put in ball fields and active recreation facilities on those eleven lots, and have initiated the City's zoning review process. Ultimately, those lots will have to be deleted from the old plat and rezoned. Mr. Koehler pointed out that the original approval was for 197 units, 154 of which were condo type units. The number of units has been drastically reduced to 110 fee simple townhouse units. He also pointed out that the previous developer installed the utilities, water and sewer, and drainage, and platted the single-family portion and that Mr. Basile has had to work under these limi- tations and constraints. Mr. Koehler advised that at the February 7, 1995 City Commission meeting, the applicant and the City Commission reached an agreement on every issue, and all of the conditions were completely acceptable to the applicant. With regard to the 50 percent credit for the different mix of recreational amenities provided, Mr. Koehler said City staff insisted that the applicant provide some sort of community meeting facility, which the applicant had not planned for. The applicant had planned a roadway connecting the main entrance (Cedar Ridge Road) with the middle of the townhouse portion of the project. However, the applicant agreed to install a community pool and recreation meeting area with appropriate parking instead of putting in the roadway. The applicant reoriented the streets to satisfy staff in order to qualify for the 50 percent recreation credit. Mr. Koehler advised that the 34 single-family homes, which will have basements and garages, will range from $90,000.00 and $120,000.00. The price of the 110 - 5 - MINUTES - PlANNING AA. DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 townhouse units will range from $70,000.00 to $95,000.00. Young professionals and young families with children are being targeted. With regard to the landscape plan, Chainman Lehnertz requested that a noncypress mulch be used. Mr. Basile stated that there is an abundance of Australian Pines where the townhouses will be located. He has made arrangements to chip the Australian Pines and utilize them as mulch. At this point in the meeting, Mr. Rosenstock arrived at 7:38 P. M. Motion Vice Chainman Dube moved to approve the request to modify the previously approved master plan of Cedar Ridge Estates PUD to revise the density, acreage, unit type, layout, setbacks and roads, subject to all staff and City Commission comments. Mr. Golden seconded the motion, which carried 7-0. Whtpowl1 1 ArtIS Burton Metsch Between F.E.C. Railroad and S. E. 4th Street, approximately 100 feet north of S. E. 5th Avenue Request for site plan approval to construct a 20,738 square foot, two-story, 39 motel apartment building with associated parking and landscaping Using the over~ead projector, Mr. Haag pointed out the location of this project. The land use plan designation is Local Retail and the zoning district is C-3. The square footage of the property is just over an acre. The building would be 10,396 square feet. The surrounding land uses and zoning districts are as follows: B. Site Plans New Site Plans 1. Project Name: OWner: Location: Description: North and south - single-family houses, zoned C-3 East - S. E. 4th Street and farther east is vacant land, zoned C-3 West - F. E. C. Railroad and farther west is residential property, zoned R-IA There are two existing buildings on the site. The rest of the site is vacant. The proposed development involvess taking down the two existing buildings and putting up the structures shown on the site plan. With regard to the concurrency issues, the applicant did not turn in the traffic report in a timely manner. At the request of Palm Beach County, the City sent the traffic report to them for review. However, their comments have not yet been received. Staff recommended approval of this project, subject to any - 6 - MINUTES - CITY COII4ISS 1 MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 some disciplinary problems that resulted in some vacancies, and because some people left for other agencies. Frank Houston, 600 N. W. 10th Court, stated that as a taxpayer, he expects these positions to be filled and his tax dollars spent properly. He felt it is the City Manager's and the Police Chief's job to find candidates. VIII. DEVELOPMENT PLANS A. Master Plan Modification for Cedar Ridge Estates P.U.D. Tambri Heyden, Planning and Zoning Director. stated that Dennis Koehler, who is representing Condor Investments of Palm Beach County, Inc. (the owner of Cedar Ridge Estates PUD), has requested modifications to the previously approved master plan for the Cedar Ridge PUD. This is a 40.8 acre PUD zoned PUD. It was originally approved for 197 dwelling units with a mixture of single-family and multi-family units. It is located on the east side of High Ridge Road, approxi- mately 800 feet north of Miner Road. The applicant desires to eliminate 11 of the single-family lots from the PUD to allow the Lake Worth Christian School to purchase those lots. The applicant also desires to eliminate a 6' wall that was planned along the south portion of the PUD. The original plat had indicated that the streets would be dedicated to the public. Although the plat was recorded in 1983. the City has not accepted those streets, but they are now looking to change the jurisdicton of those streets to private. The applicant further desires to change the side setbacks of the single-family lots and the mixture of the units from 34 single-family units to 110 multi- family units. They were originally planned to be 152 garden apartments. The applicant would now like them to be 110 townhouses. The lot size of the townhouses would be 24' x 95' wide with a minimum footprint of 1,200 square feet. The applicant would also like to change the perimeter setbacks from 20 to 40 feet and establish the setbacks for the multi-family townhouses. (The garden apartments did not require specific setbacks because they were not on lots.) The applicant wishes to modify the list of required recreational amenities to include a meeting hall, a swimming pool, a jogging trail, a children's play area, a turf play field, and a couple of other amenities which they would like to provide above and beyond those, but 'that do not meet the City's criteria for receiving private recreation credit. The applicant would like to provide a buffer area along the south property line of the PUD, a limited access easement along the east property line, and install - 15 - MINUTES - CITY COIItISSIC.~ f4EETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 lake plantings around the water management tract, which were not required in 1983. The Cedar Ridge Estates.PUD was annexed in 1982 and platted in 1983. A. site plan was approved, but has expired. There has been no activity on the property since then. Infrastructure was started but was not completed. Roads, drainage, and water and sewer have not been completed or accepted by the City. Construc- tion ceased in 1986. At that time, the property was taken over by the Federal Deposit Insurance Corporation, who was the manager of the FSLIC Resolution Fund, the receiver for the Sunrise Savings and Loan Association and Sun-op, Inc. Sunrise Savings and Loan was the lending institution for the original developer. In January of 1993, the current owner purchased the property and Cedar Ridge Development Corporation, who is bringing forth this particular application, has a contract with Condor Investments to develop the property. Staff does not have any problems with the changes. However, with respect to recreation, staff has spent a lot of time with the applicant negotiating the type, location, and size of recreation facilities. They have been determined to be acceptable subject to staff comments to qualify for the 50 percent credit towards the recreation fees. Staff has also attempted to reach a compromise regarding the amount of payment, form of payment, and time of payment of the remaining 50 percent of the required fee. The property was platted over ten years ago with all the required improvements being in place. The bonds that were posted have expired. The bond company is no longer in existence. At the time of filing the 1983 plat, a bond, not cash, was collected for 110 percent of the recreation fees, less 50 percent credit for private recreation owed for all the units within the PUD. No other approvals are required for the construction of the single-family units. However, because the applicant is changing the unit type of the multi-family (garden apartments to townhouses), it requires replatting. Therefore, the issue of how, how much, and what time the unpaid recreation fees are to be paid, must be addressed this evening. Normally, land value is set at the time of preliminary plat approval at the Planning and Development Board. Since this does not require preliminary plat approval, this also needs to be addressed this evening. The fair market value that was set in 1983 does not reflect the current value of the property. Ms. Heyden said the applicant has no problems with staff comments with the exception of the following: With respect to payment of the recreation fees for the 34 single-family units, staff recommended that a bond or Letter of Credit be posted for 110 percent of the value at the time of the building penmit and that cash be paid at the time of the first Certificate of Occupancy. The applicant would like the City to accept a Letter of Credit at the time of the first building permit of the single-family units. When the Certificate of Occupancy of the last single- family unit is issued, cash will be paid. - 16 - MINUTES - CITY COMMISSlt, AEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Staff recommended that the balance of the recreation fees be paid at the time of filing a final plat for the replatting of the townhouse units. The developer would like to pay that at the time of final plat approval. Ms. Heyden said she explained to the developer how our new plat process will be working, and he does not have a problem with this with the understanding that the fees can be paid the night of the City Commission meeting for the final plat. Ms. Heyden said she checked with the Property Appraiser's Office and an appraiser who she dealt with previously, and there has not been an increase in the value of the property since the owner purchased it in 1993. She stated that the price is valid, assuming the deed is a reliable source and knowing that the price includes purchase of the PID to the south. With regard to what had to be fulfilled prior to pulling the first building per- mit for the first single-family unit, Ms. Heyden withdrew this comment at this time. She said the details of this issue will be worked out with the Utilities Department and the Engineering Department upon application of a building penmit. One of the Planning Department's comments is to replace the T-turn around with a cul-de-sac, which is what Code requires, unless otherwise approved by the Commission. If the Commission accepts the applicant's counteroffers, the following comments will be affected: Comment 3(a) of Recreation and Park Memorandum 95-048, and comments 8, 13, and 16 of the Planning and Zoning Department Memorandum. Comment 8 deals with accepting the T-turn around, comment 13 deals with verifi- cation of the purchase price, which has been done. She would like to withdraw comment 16 regarding the outstanding items and pulling a building penmit for the single-family un~ts. Commissioner Aguila asked why the Commission would want to consider allowing the T-turn around. Ms. Heyden stated that staff agreed it was something they could live with. They agreed to it in a spirit of compromise. She pointed out that this project has a number of problems because it has been dormant for 11 years and has some unusual circumstances. In response to Commissioner Aguila, Ms. Heyden stated that all the required improvements were bonded in 1983. The bonds were not called and have expired. The City does not have the ability to call them now to finish the required improvements. Commissioner Aguila would like to see the project go forward, but the layout. seemed messy and jammed to him. He did not know why the applicant would want to take the wall away from the south property line. It seemed to him that the people who live in those units would not want to look at the industrial park. He felt this was a major change and the site plan needs to be reviewed by the Planning and Development Board. Commissioner Aguila was not in favor of the T- turn around or accepting a Letter of Credit. - 17 - MINUTES - CITY CotI4ISSIOI EETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Vice Mayor Matson was glad to see that the rental apartments were eliminated because the City does not need more rental apartments. Commissioner Katz also felt this was a major change and needs to go through the proper channels. He preferred thick, lush greenery and perhaps a chain .link fence instead of the wall because walls become easels for graffiti. In addi- tion, he did not think walls do much to protect residents and homes. He felt this project is squeezed together and the quality of life afforded the people who might move into this project is not very good. Reducing the setbacks also affects the quality of l1fe. In response to Commissioner Aguila, Ms. Heyden advised that the streets are in. A layer of asphalt has been put down in 1983. However, the final overlay has not been put down. It is going to be deferred until the single-family units are in because of construction traffic. Utilities are in; ~owever, they have not been accepted by the Utilities Department yet. Mr. Mazzella advised that most of the utilities on the site have been inspected, but not completely inspected. We have not received final testing. We have not had an engineer certify them. The pressure testing on the water main has not been completed yet. Most of the pipes were in and most of them were in good shape. However, there is no fire flow in the subdivision. Ms. Heyden stated that staff feels this is not a substantial change because it decreases the impacts. This has been through three Technical Review Committee reviews. Staff feels the details with respect to recreation have been worked out. Dennis Koehler is the attorney for the applicant. He introduced his client, Joe Basil, Jr., Joe Basil, Sr., and Jack Longo, the Site Planner for this project. Mr. Koehler pointed out that there are utilities and roadway systems in place and have been for about twelve years. This project has been hanging around, being a drag on the landscape, and of no benefit to the City's tax rolls for many years. Mr. Koehler commended City Manager Parker, Ms. Heyden, and staff for being dili- gent, competent and fair during negotiation. He said there are some improve- ments in the concept plan that make the project a better product for the people. With regard to the quality of the roadway, Mr. Koehler advised that this is the highest paint (elevation wise) in the City. There is a lot of yellow sand there. As a result, drainage has not been a problem as it would be in a low lying area. He said staff has agreed that the applicant does not have to put in the final layer of asphalt until the 34 single-family units have been com- pleted. (This pertains to that portion of the PUD only.) Mr. Koehler pointed out that it does not make sense to put in a final coat of asphalt if contractors are going to be rolling allover the streets. - 18 - MINUTES - CITY COMMISSIl MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Mr. Koehler stated that the previous project had 197 units with 152 rental apartments. The plan reduces the number of units by about 28 percent. Fifty- three units are going to be lost. The multi-family portion is being reduced from 152 apartments to 110 townhouse units. With regard to the layout, Mr. Koehler stated that the applicant is constrained by the existing utilities, which will be inspected, approved and hooked up prior to any single-family building penmits being issued. He stated that the existing infrastructure has survived well. The price range for the townhouse units is going to be between $75,000.00 to $90,000.00. The single-family units will be selling from $90,000.00 to $125,000.00. Unlike many places, they are going to have basements, in addition to garages. It is going to be very attract1vt and the .arly r..ponll hi' been oV8rwhe1m1 ng. Mr. Koehler stated that the industrial PID was obligated to put up the wall on the south side. He stated that staff has agreed with the applicant that a landscape buffer area makes more sense from the residents' point of view. As far as the common border between Lake Worth Christian School and the lots on the north, they are going to be landscaped by individual homeowners. There is no requirement to buffer it. Mr. Koehler pointed out that the City allowed the perfonmance bonds to expire a few years ago. His client could technically pull single-family building permits for all 34 lots without paying the first recreation and parks fee. However, he does not want to do that. He wants to be a good citizen. With regard to the method and form of payment of the recreation and park fee, Mr. Koehler stated that his client is prepared to do what he has to do in order to pull the single-family building permits to begin meeting the demand that exists. He volunteered to pay 100 percent of all the recreation and park fees upfront for all 34 units at the time he pullS the first Certificate of Occupancy on the project. He would like to post a Letter of Credit (110 percent) for all 34 single-family lots prior to pulling the first bUilding penmit, and at the time the last Certificate of Occupancy is issued, redeem the Letter of Credit by writing a check for all the fees. This would allow Mr. Basil to begin pulling building permits immediately for the single-family homes. Commissioner Aguila had concerns about this. Mr. Koehler suggested paying a pro rata share at the time each building permit is pulled. Ms. Heyden advised that the City Engineer had strong feelings about not taking it on a unit by unit basis. Commissioner Aguila asked if we could tie it to a pro rata share of Certificates of Occupancy within 18 months. Mr. Koehler said it would be ac- ceptable to his client if he could pay the pro rata share (the full fee divided by 34) as each building permit is pulled, with the understanding that if all 34 have not been pulled by the expiration of 18 months from today, he would have to pay the remaining balance. The Commission and Mr. Basil agreed to this. - 19 - MINUTES - CITY COMMISSIC lEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 With regard to recreational amenities, Vice Mayor Matson asked if the children's play area included swings, etc. She wanted it to be something other than a chain link fence surrounding mulch. Mr. Koehler answered affirmatively. He said this project is going to be targeted on younger families with children. With regard to the T-turn around, Mr. Koehler said the T-turn around is at the extreme southwestern portion of the site. It is very close to the main project entrance on High Ridge Road and is very large. When discussed at the TRC level, the Fire and Police Departments accepted the T-turn around at that location because the applicant opened two other roadways which were originally shown as T-turns. Mr. Koehler was prepared, if the Commission insisted, to come up with some kind of emergency entranceway. However, for security purposes, he pre- ferred to avoid that. In response to Commissioner Aguila, Mr. Koehler stated that there are five units in buildings 1 and 2, seven units in building 3, and six units in building 4. Commissioner Aguila asked Mr. Koehler to elaborate on the internal things that can be done to prevent parking in the T-turn around. Mr. Koehler advised that the way to deal with that is through a good set of homeowner association documents that make it clear that you cannot park recreational vehicles and trailers in that area, and post "no parking" signs. Commissioner Aguila asked about dumpsters. Mr. Koehler advised that each home will have their own garbage pickup. With regard to Commissioner Katz' desire for a chain link fence to provide addi- tional security, Mr. Basil stated that the industrial site to the south is putting in a fence or wall in the south border. Mr. Basil chose to use a landscape buffer to block out that wall. With regard to the value of the land ($30,380.67 per acre), Mayor Harmening asked if there was a recent appraisal. Mr. Koehler stated that he supplied Ms. Heyden and John Wildner of the Parks Department with a copy of the Quit Claim Deed that was recorded in January of 1993, reflectin9 a purchase price of $2,075,000.00. That equates to a per acre value of about $30,750.00. The purchase price included the planned industrial development portion of the PUD which has a higher value. It also included all of the utilities (the infra- structure improvements). Therefore, it is not really a raw land cost. It is sort of an improved land value. This price is only two years old. Mr. Koehler believes it is a good value for the current market condition. An MAl appraisal was not done because it was felt the Commission could establish the land value from the recent purchase price of this property. City Manager Parker stated that the Property Appraiser's value is about $44,268.00 and the purchase price is about $30,000.00. Mr. Koehler stated that the current property owner is appealing that assessed valuation of $44,268.00. Mr. Koehler believed the appeal is based on the - 20 - MINUTES - CITY COMMISSIC IEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 history of inactivity, plus the improvements that have been languishing for twelve years. Mr. Basil, the purchaser of the property, stated that a numerous amount of money has to go into this land to bring the value up. He stated that there fs so much work that has to go back into the infrastructure, that it would almost be easier if it was not there at all. Ms. Heyden summarized that if approved, the motion should include the following: 1. This is not a substantial change; 2. This is subject to staff comments; 3. Comments 8 (T-turn around), 13 (purchase price), and 16 (permits for single- family homes) can be deleted from the Planning and Zoning memorandum; 4. Condition 3.A of Recreation and Parks Memorandum 95-048 would be amended to allow a pro rata payment of the recreation fee for the 34 single-family units at the time of the building permit. However. in 18 months, the entire fee shall be paid. regardless of whether all the permits have been applied for; and 5. The land value is established at $30,380.67. All these conditions were completely acceptable to the applicant. Motion Vice Mayor Matson moved to approve Cedar Ridge Estates PUD to be found to have no substantial change with respect to the requested modifications, and forward this request to the Planning and Development Board. Commissioner Aguila seconded the motion, which carried 5-0. Motion Vice Mayor Matson moved to approve the requested modifications, subject to the preparation of a development order reflecting all of the conditions, agreements, and waivers expressed in the staff memorandum and those stated of record tonight. Commissioner Aguila seconded the motion, which carried 5-0. B. Reconsider site plan conditions regarding surplus parking and cul-de- sac for Lakeview at Boynton Lakes Plat 5 f/t/. Best Homes Ms. Heyden stated that Mario Shlesinger, the owner and developer of the 41, undeveloped townhouse lots within Boynton.Lakes PUD, Plat 5, requested deletion of two conditions that were attached to the 1991 City Commission approval of his site plan. Specifically, the provision of visitor/surplus parking in common areas and construction of cul-de-sacs to replace the existing T-turn arounds at the tenminus of the street. In 1985, a plat was recorded. The project went into default. In 1991, a site plan was approved. Since then, the property went into receivorship and was - 21 - 00 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 corner of Congress Avenue, without any access from Congress, you would have to enter at a point he designated on the plan. He showed where you would have to exit, and stated that the access is within the property. Vice Chairman Winter noted that it would discourage any- one. Mr. Menendez said it would be very convenient to the people. It will be a typical neighorhood facility where they can buy the gallon of milk and bread and something that they would need immediately. Mr. Annunziato reiterated that the staff recommendation was that the land use amendment and rezoning be approved, the land use amend- ment being from Agricultural to High Density Residential and the zoning recommendation being again Agriculture to PUD (Planned Unit Development) with a land use intensity of 5. He said the recommenda- tion was based on staff comments and the response to the staff comments as contained in the letter from Enrico Rossi, Architect. Mr. Linkous moved to approve the Land Use Amendment and Rezoning as requested by Janet Knox Field, as Trustee, and Riteco Development Corp., subject to staff comments and the letter from Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers, Inc., Consult- ing Engineers, Forum III, Suite 407, 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, dated August 4, 1982, addressed to Mr. Carmen Annunziato, City Planner. Mr. Wandelt seconded the motion. Chairman Ryder wished to go back to the reference that was made to the fact that the type of occupancy might be flexible before taking a vote. He thought it was something the Members might be concerned about and also that the Council might be concerned about. Chairman Ryder pointed out that it is a matter of record now that there is some flexibility there. He thought it might have some value. A vote was taken on the motion, and the motion carried 6-0. PUBLIC HEARINGS: 7:3n P. M. ( 3) ANNEXATION Applicant: William E. Benjamin, II & Point Manalapan Develop- ment Corp. Annexation of 65.80 acre tract of land located between High Ridge Road & Interstate 95, approxi- mately one mile South of Hypoluxo Road, together with adjoining Seaboard Airline Railway & Inter- state 95 rights-of-way Between High Ridge Road & Interstate 95, approxi- mately one mile South of Hypoluxo Road Request: Location: Legal Description: Acreage. Land in Section 9, Township 45 South, Range 43 East rn@rn~\Y1 ~irn I Ii e / i - 22 - ~Il fLANNING i\[,: 0 ~ ZON!NG .QF,'.c____ \. ..~. , MINUTES - CITY COMMISSION hfETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 some disciplinary problems that resulted in some vacancies, and because some people left for other agencies. Frank Houston, 600 N. W. 10th Court, stated that as a taxpayer, he expects these positions to be filled and his tax dollars spent properly. He felt it is the City Manager's and the Police Chief's job to find candidates. VIII. DEVELOPMENT PLANS A. Mister Plan Modification for Cedar Ridge Estates P.U.D. Tambri Heyden, Planning and Zoning Director, stated that Dennis Koehler, who is representing Condor Investments of Palm Beach County, Inc. (the owner of Cedar Ridge Estates PUD), has requested modifications to the previously approved master plan for the Cedar Ridge PUD. This is a 40.8 acre PUD zoned PUD. It was originally approved for 197 dwelling units with a mixture of single-family and multi-family units. It is located on the east side of High Ridge Road, approxi- mately 800 feet north of Miner Road. The applicant desires to eliminate 11 of the single-family lots from the PUD to allow the Lake Worth Christian School to purchase those lots. The applicant also desires to eliminate a 61 wall that was planned along the south portion of the PUD. The original plat had indicated that the streets would be dedicated to the public. Although the plat was recorded in 1983, the City has not ar.cepted those streets, but they are now looking to change the jurisdicton of those streets to private. The applicant further desires to change the side setbacks of the single-family lots and the mixture of the units from 34 single-family units to 110 multi- family units. They were originally planned to be 152 garden apartments. The applicant would now like them to be 110 townhouses. The lot size of the townhouses would be 24' x 951 wide with a minimum footprint of 1,200 square feet. The applicant would also like to change the perimeter setbacks from 20 to 40 feet and establish the setbacks for the multi-family townhouses. (The garden apartments did not require specific setbacks because they were not on lots.) The applicant wishes to modify the list of required recreational amenities to include a meeting hall, a swimming pool, a jogging trail, a children's play area, a turf play field, and a couple of other amenities which they would like to provide above and beyond those, but that do not meet the City's criteria for receiving private recreation credit. The applicant would like to provide a buffer area along the south property line of the PUD, a limited access easement along the east property line, and install - 15 - ?J~ MINUTES - CITY cotI4lSSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 lake plantings around the water management tract, which were not required in 1983. The Cedar Ridge EstatesPUD was annexed in 1982 and platted in 1983. A site plan was approved, but has expired. There has been no activity on the property since then. Infrastructure was started but was not completed. Roads, drainage, and water and sewer have not been completed or accepted by the City. Construc- tion ceased in 1986. At that time, the property was taken over by the Federal Deposit Insurance Corporation, who was the manager of the FSLIC Resolution Fund, the receiver for the Sunrise Savings and Loan Association and Sun-op, Inc. Sunrise Savings and Loan was the lending institution for the original developer. In January of 1993, the current owner purchased the property and Cedar Ridge Development Corporation, who is bringing forth this particular application, has a contract with Condor Investments to develop the property. Staff does not have any problems with the changes. However, with respect to recreation, staff has spent a lot of time with the applicant negotiating the type, location, and size of recreation facilities. They have been determined to be acceptable subject to staff comments to qualify for the 50 percent credit towards the recreation fees. Staff has also attempted to reach a compromise regarding the amount of payment, form of payment, and time of payment of the remaining 50 percent of the required fee. The property was platted over ten years ago with all the required improvements being in place. The bonds that were posted have expired. The bond company is no longer in existence. At the time of filing the 1983 plat, a bond, not cash, was collected for 110 percent of the recreation fees, less 50 percent credit for private recreation owed for all the units within the PUD. No other approvals are required for the construction of the single-family units. However, because the applicant is changing the unit type of the multi-family (garden apartments to townhouses), it requires replatting. Therefore, the issue of how, how much, and what time the unpaid recreation fees are to be paid, must be addressed this evening. Normally, land value is set at the time of preliminary plat approval at the Planning and Development Board. Since this does not require preliminary plat approval, this also needs to be addressed this evening. The fair market value that was set in 1983 does not reflect the current value of the property. Ms. Heyden said the applicant has no problems with staff comments with the exception of the following: With respect to payment of the recreation fees for the 34 single-family units, staff recommended that a bond or Letter of Credit be posted for 110 percent of the value at the time of the building permit and that cash be paid at the time of the first Certificate of Occupancy. The applicant would like the City to accept a Letter of Credit at the time of the first building permit of the single-family units. When the Certificate of Occupancy of the last single- family unit is issued, cash will be paid. - 16 - '''"''f' MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Staff recommended that the balance of the recreation fees be paid at the time of filing a final plat for the replatting of the townhouse units. The developer would like to pay that at the time of final plat approval. Ms. Heyden said she explained to the developer how our new plat process will be working, and he does not have a prOblem with this with the understanding that the fees can be paid the night of the City Commission meeting for the final plat. Ms. Heyden said she checked with the Property Appraiser's Office and an appraiser who she dealt with previously, and there has not been an increase in the value of the property since the owner purchased it in 1993. She stated that the price is valid, assuming the deed is a reliable source and knowing that the price includes purchase of the PID to the south. With regard to what had to be fulfilled prior to pulling the first building per- mit for the first single-family unit, Ms. Heyden withdrew this comment at this time. She said the details of this issue will be worked out with the Utilities Department and the Engineering Department upon application of a building permit. One of the Planning Department's comments is to replace the T-turn around with a cul-de-sac, which is what Code requires, unless otherwise approved by the Commission. If the Commission accepts the applicant's counteroffers, the following comments will be affected: Comment 3(a) of Recreation and Park Memorandum 95-048, and comments 8, 13, and 16 of the Planning and Zoning Department Memorandum. Comment 8 deals with accepting the T-turn around, comment 13 deals with verifi- cation of the purchase price, which has been done. She would like to withdraw comment 16 regarding the outstanding items and pulling a building permit for the single-family un~ts. Commissioner Aguila asked why the Commission would want to consider allowing the T-turn around. Ms. Heyden stated that staff agreed it was something they could live with. They agreed to it in a spirit of compromise. She pointed out that this project has a number of prOblems because it has been dormant for 11 years and has some unusual circumstances. In response to Commissioner Aguila, Ms. Heyden stated that all the required improvements were bonded in 1983. The bonds were not called and have expired. The City does not have the ability to call them now to finish the required improvements. Commissioner Aguila would like to see the project go forward, but the layout. seemed messy and jammed to him. He did not know why the applicant would want to take the wall away from the south property line. It seemed to him that the people who live in those units would not want to look at the industrial park. He felt this was a major change and the site plan needs to be reviewed by the Planning and Development Board. Commissioner Aguila was not in favor of the T- turn around or accepting a Letter of Credit. - 17 - .... MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Vice Mayor Matson was glad to see that the rental apartments were eliminated because the City does not need more rental apartments. Commissioner Katz also felt this was a major change and needs to go through the proper channels. He preferred thick, lush greenery and perhaps a chain link fence instead of the wall because walls become easels for graffiti. In addi- tion, he did not think walls do much to protect residents and homes. He felt this project is squeezed together and the quality of life afforded the people who might move into this project is not very good. Reducing the setbacks also affects the quality of life. In response to Commissioner Aguila, Ms. Heyden advised that the streets are in. A layer of asphalt has been put down in 1983. However, the final overlay has not been put down. It is going to be deferred until the single-family units are in because of construction traffic. utilities are in; however, they have not been accepted by the Utilities Department yet. Mr. Mazzella advised that most of the utilities on the site have been inspected, but not completely inspected. We have not received final testing. We have not had an engineer certify them. The pressure testing on the water main has not been completed yet. Most of the pipes were in and most of them were in good shape. However, there is no fire flow in the subdivision. Ms. Heyden stated that staff feels this is not a substantial change because it decreases the impacts. This has been through three Technical Review Committee reviews. Staff feels the details with respect to recreation have been worked out. Dennis Koehler is the attorney for the applicant. He introduced his client, Joe Basil, Jr., Joe Basil, Sr., and Jack Longo, the Site Planner for this project. Mr. Koehler pointed out that there are utilities and roadway systems in place and have been for about twelve years. This project has been hanging around, being a drag on the landscape, and of no benefit to the City's tax rolls for many years. Mr. Koehler commended City Manager Parker, Ms. Heyden, and staff for being dili- gent, competent and fair during negotiation. He said there are some improve- ments in the concept plan that make the project a better product for the people. With regard to the quality of the roadway, Mr. Koehler advised that this is the highest point (elevation wise) in the City. There is a lot of yellow sand there. As a result, drainage has not been a problem as it would be in a low lying area. He said staff has agreed that the applicant does not have to put in the final layer of asphalt until the 34 single-family units have been com- pleted. (This pertains to that portion of the PUD only.) Mr. Koehler pointed out that it does not make sense to put in a final coat of asphalt if contractors are going to be rolling allover the streets. - 18 - ."'-- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 Mr. Koehler stated that the previous project had 197 units with 152 rental apartments. The plan reduces the number of units by about 28 percent. Fifty- three units are going to be lost. The multi-family portion is being reduced from 152 apartments to 110 townhouse units. With regard to the layout, Mr. Koehler stated that the applicant is constrained by the existing utilities, which will be inspected, approved and hooked up prior to any single-family building penmits being issued. He stated that the existing infrastructure has survived well. The price range for the townhouse units is going to be between $75,000.00 to $90,000.00. The single-family units will be selling from $90,000.00 to $125,000.00. Unlike many places, they are going to have basements, in addition to garages. It is going to be very attractive and the early response has been overwhe lmi ng. Mr. Koehler stated that the industrial PID was obligated to put up the wall on the south side. He stated that staff has agreed with the applicant that a landscape buffer area makes more sense from the residents' point of view. As far as the common border between Lake Worth Christian School and the lots on the north, they are going to be landscaped by individual homeowners. There is no requirement to buffer it. Mr. Koehler pointed out that the City allowed the performance bonds to expire a few years ago. His client could technically pull single-family building permits for all 34 lots without paying the first recreation and parks fee. However, he does not want to do that. He wants to be a good citizen. With regard to the method and form of payment of the recreation and park fee, Mr. Koehler stated that his client is prepared to do what he has to do in order to pull the single-family building permits to begin meeting the demand that exists. He volunteered to pay 100 percent of all the recreation and park fees upfront for all 34 units at the time he pulls the first Certificate of Occupancy on the project. He would like to post a Letter of Credit (110 percent) for all 34 single-family lots prior to pulling the first building permit, and at the time the last Certificate of Occupancy is issued, redeem the Letter of Credit by writing a check for all the fees. This would allow Mr. Basil to begin pulling building permits immediately for the single-family homes. Commissioner Aguila had concerns about this. Mr. Koehler suggested paying a pro rata share at the time each building permit is pulled. Ms. Heyden advised that the City Engineer had strong feelings about not taking it on a unit by unit basis. Commissioner Aguila asked if we could tie it to a pro rata share of Certificates of Occupancy within 18 months. Mr. Koehler said it would be ac- ceptable to his client if he could pay the pro rata share (the full fee divided by 34) as each building permit is pulled, with the understanding that if all 34 have not been pulled by the expiration of 18 months from today, he would have to pay the remaining balance. The Commission and Mr. Basil agreed to this. - 19 - ..~ MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 With regard to recreational amenities, Vice Mayor Matson asked if the children's play area included swings, etc. She wanted it to be something other than a chain link fence surrounding mulch. Mr. Koehler answered affinmatively. He said this project is going to be targeted on younger families with children. With regard to the T-turn around, Mr. Koehler said the T-turn around is at the extreme southwestern portion of the site. It is very close to the main project entrance on High Ridge Road and is very large. When discussed at the TRC level, the Fire and Police Departments accepted the T-turn around at that location because the applicant opened two other roadways which were originally shown as T-turns. Mr. Koehler was prepared, if the Commission insisted, to come up with some kind of emergency entranceway. However, for security purposes, he pre- ferred to avoid that. In response to Commissioner Aguila, Mr. Koehler stated that there are five units in buildings 1 and 2, seven units in building 3, and six units in building 4. Commissioner Aguila asked Mr. Koehler to elaborate on the internal things that can be done to prevent parking in the T-turn around. Mr. Koehler advised that the way to deal with that is through a good set of homeowner association documents that make it clear that you cannot park recreational vehicles and trailers in that area, and post "no parking" signs. Commissioner Aguila asked about dumpsters. Mr. Koehler advised that each home will have their own garbage pickup. With regard to Commissioner Katz' desire for a chain link fence to provide addi- tional security, Mr. Basil stated that the industrial site to the south is putting in a fence or wall in the south border. Mr. Basil chose to use a landscape buffer to block out that wall. With regard to the value of the land ($30,380.67 per acre), Mayor Hanmening asked if there was a recent appraisal. Mr. Koehler stated that he supplied Ms. Heyden and John Wlldner of the Parks Department with a copy of the Quit Claim Deed that was recorded in January of 1993, reflecting a purchase price of $2,075,000.00. That equates to a per acre value of about $30,750.00. The purchase price included the planned industrial development portion of the PUD which has a higher value. It also included all of the utilities (the infra- structure improvements). Therefore, it is not really a raw land cost. It is sort of an improved land value. This price is only two years old. Mr. Koehler believes it is a good value for the current market condition. An MAI appraisal was not done because it was felt the Commission could establish the land value from the recent purchase price of this property. City Manager Parker stated that the Property Appraiser's value is about $44,268.00 and the purchase price is about $30,000.00. Mr. Koehler stated that the current property owner is appealing that assessed valuation of $44,268.00. Mr. Koehler believed the appeal is based on the - 20 - ".''''f MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 7. 1995 history of inactivity, plus the improvements that have been languishing for twelve years. Mr. Basil, the purchaser of the property, stated that a numerous amount of money has to go into this land to bring the value up. He stated that there is so much work that has to go back into the infrastructure, that it would almost be easier if it was not there at all. Ms. Heyden summarized that if approved, the motion should include the following: 1. This is not a substantial change; 2. This is subject to staff comments; 3. Comments 8 (T-turn around), 13 (purchase price), and 16 (penmits for single- family homes) can be deleted from the Planning and Zoning memorandum; 4. Condition 3.A of Recreation and Parks Memorandum 95-048 would be amended to allow a pro rata payment of the recreation fee for the 34 single-family units at the time of the building permit. However, in 18 months, the entire fee shall be paid, regardless of whether all the permits have been applied for; and 5. The land value is established at $30,380.67. All these conditions were completely acceptable to the applicant. Motion Vice Mayor Matson moved to approve Cedar Ridge Estates PUD to be found to have no substantial change with respect to the requested modifications, and forward this request to the Planning and Development Board. Commissioner Aguila seconded the motion, which carried 5-0. Motion Vice Mayor Matson moved to approve the requested modifications, subject to the preparation of a development order reflecting all of the conditions, agreements, and waivers expressed in the staff memorandum and those stated of record tonight. Commissioner Aguila seconded the motion, which carried 5-0. B. Reconsider site plan conditions regarding surplus parking and cul-de- sac for Lakeview at Boynton Lakes Plat 5 f/t/a Best Homes Ms. Heyden stated that Mario Shlesinger, the owner and developer of the 41, undeveloped townhouse lots within Boynton Lakes PUD, Plat 5, requested deletion of two conditions that were attached to the 1991 City Commission approval of his site plan. Specifically, the provision of visitor/surplus parking in common areas and construction of cul-de-sacs to replace the existing T-turn arounds at the tenminus of the street. In 1985, a plat was recorded. The project went into default. In 1991, a site plan was approved. Since then, the property went into receivorship and was - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato referred the Members to the Agenda and asked them to note that this request had been broken up into two public hearings: (1) concerning the request for annexation; and the other concerning the request for zoning and the proper land use classifi- cation with regard to that zoning. Mr. Annunziato said the proposal is to annex a 65.8 acre tract of land into the City of Boynton Beach. The tract of land is located north of Miner Road and east of High Ridge Road. Except for a small out parcel in the northwest corner of the proposal, Mr. Annunziato said it is rectangular in shape and is bordered on the east by the Seaboard Airline Rail- road, and on the north by the Lake Worth Christian School. Mr. Annunziato informed the Board that the land is partially sand mined and is partially a derelict mango orchard. Mr. Annunziato continued by saying that the applicant is requesting annexation into the City of Boynton Beach with the land use classification of a PUD (Planned Unit Development) and a PID (Planned Industrial Development). The property is currently zoned RS and, as Mr. Annunziato mentioned, is either underdeveloped or undeveloped. In addition to the Petition for Annexation, Mr. Annunziato said the application was accompanied by a Petition for Voluntary Annexa- tion, which has specific criteria which was addressed by the appli- cant, and the Petition for Annexation addresses certain road and utility improvements which the applicant has agreed to. Mr. Annunziato informed the Members that the issue was addressed based on compliance with the three Comprehensive Plan policies for annexation, which are: "1. Annex only property which is reasonably contiguous to present rmmicipal boundaries; 2. Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing service; and, . . 3. Annex only properties which are of sufficient size to provide efficient service and on which urban developnent is anticipated." Before going further, Mr. Annunziato pointed out staff's prior concern about the construction of High Ridge Road south of what currently terminates at N. W. 22nd Avenue. He asked the Members to recall that as a part of the approval of the South Palm Beach Commerce Park master plan, the Planning and Zoning Board required the developer to construct that road in connection with this master plan. Mr. Annunziato continued by saying that the developer has followed up his request for master plan approval with a request for a petition for an excavation and fill permit. As part of that permit, the City Council has requested that the applicant post surety for the construction of the road. Mr. Annunziato had a conversation with the applicant today (August 10), and that surety sheuldbe deposited with the City before the end of the week, so Mr. Annunziato said they are getting very close to resolving the problem the City had with respect to High Ridge Road and the servicing from Boynton Beach. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato advised that staff has also recommended that this developer be made responsible for the same improvement plus turn lanes at the Hypoluxo project entrance and N. W. 22nd Avenue. Mr. Annunziato referred to the Comprehensive Plan policies, which he addressed individually. Concerning the issue of contiguity, Mr. Annunziato failed to mention that there is an odd addition to this property which parallels the railroad on the west side and extends northward approximately 1500 feet. Tim Cannon, Assistant City Planner, pointed that out, and Chairman Ryder asked the significance of the entire cross hatched area. He referred to the rectangle running north and south. Mr. Annunziato answered that the cross hatched area running north and south is the proposed area where the PUD would be developed. Chairman Ryder meant the vertical column, adjacent to I-95. Mr. Annunziato informed him that was property owned by the applicant and part of the PUD. Chairman Ryder determined that the vertical appendage adjacent to the rail- road and I-95 is property owned by the applicant and is coming into the City too. Mr. Annunziato read: "Policy 1 I Annex only propety which is reasonably contiguous to present municipal botmdaries. I '!he Point Manalapan property is contiguous on its entire southern botmdazy (approximately 1450 feet) .with present CXJrporate limits and on its eastern bound.crry when taking into CXJnsideration intervening rights-of-way for a distance of approximately 2600 feet." Mr. Annunziato said the dark column that the Members could see running north and south is I-95 and the railroad. He said they advertised in connection with tlllsapplication the annexation of those public and semi-public rights-of-way into the City of Boynton Beach. Taking into account intervening rights-of-way, Mr. Annunziato said there would be an additional 2600 feet of contiguity to the corporate limits. Mr. Annunziato further read: "Policy 2 'Annex property only after the preparation of a study evaluating the fiscal benefits of armexation versus the CXJst of providing se:rvices. ' Mr. Annunziato said in response to Policy 2, they prepared a Cost/ Benefit Analysis which was attached as Exhibit C to the material before the Members of the Board. Based on similar land values and similar types of development and those land values prorated over the property in question for the PID (Planned Industrial Develop- ment) part of this, Mr. Annunziato said it would be approximately Ten Million Dollars worth of land value with a total tax of $66,000.00 a year in municipal taxes. For the PUD (Planned Unit Development), Mr. Annunziato told the - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Members there are approximately Two Million Dollars worth of valuation with a total tax of about $13,000. For the multi-family, approximately $3,500,000 of valuation and $23,000 total tax, Mr. Annunziato continued. He said this was different from prior valu- ations in that this does not include homestead exemptions. Over a year, this could be homesteaded property, but the prior application was reviewed as though it were a business, being a rental property. Mr. Annunziato told the Members that the potential for homestead exemption decreases the ~s. Mr. Linkous thought it would be approximately 7%. Mr. Annunziato further advised that $6,000 + unspecified amounts was estimated for staff salaries. He said the City anticipates a need for additional operating expenses but were unable to put a dollar figure on that. For capital outlay, the City anticipates $23,000 which would be for additions to the library for books and floor space and other unspecified amounts. Taking those figures against the proposed actual valuations, the residential becomes somewhat "iffy", Mr. Annunziato continued, but the Planned Industrial Development becomes probably a tax gain. Mr. Annunziato read the third Comprehensive Plan policy: "Policy 3 'Armex only properties which are of sufficient size to provide efficient service and on which urban developrent developrent is anticipated." Mr. Annunziato thought the Board could take as a premise the fact that anytime sewer and water is available to a vacant tract of land, it then becomes in the path of urban development. Mr. Annunziato said the property is served along its southern boundary with a 16 inch water line, and just to the southwest of the property there is a 10 inch force main. These facilities were constructed beginning with 1982 as a part of the master plan expansion to the City of Boynton Beach utility system. Mr. Annunziato added that all properties on High Ridge Road in this area will probably experience increases in intensity of land use because of the availability of utilities. Mr. Annunziato read from his memorandum of July 16, 1982: "Based on the findings of fact. . ., it is apparent that the Point Manalapan request is oonsistent with the Boynton Beach Carprehensive Plan policies concerning armexation. II Mr. Kenneth Groves, Vice President, Point Manalapan Development Corporation, 4691 - 123rd Trail North, West Palm Beach, Florida, appeared as agent for the applicant. Mr. Groves wished to point out that from the plan they submitted, it is evident that they are intent on developing this portion of the property in what is considered urban densities. Mr. Groves said the City of Boynton Beach has available Urban Services, and it seemed - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 appropriate, particularly in view of the fact that they have the tax base. Mr. Groves pointed out that it would simply be an extension of the existing development within the City. Mr. Groves continued by saying their property has a fair amount of contiguity to the City and, of course, poses no pocket type develop- ment problem, which has been experienced by some other cities. Mr. Annunziato informed the Board that Mr. Groves and he have been discussing the annexation of this property for something like five years, so he thought he had all of his questions answered. Chairman Ryder asked if anyone else wished to speak in favor of the proposed annexation. Vice Mayor Warnke came forward to inform everyone of a matter that may be of general interest but which had nothing to do with the subject matter. He said it was decided by the Parks and Recreation Board tonight to submit to the City Council for final approval the name of the thirty acre park west of Boynton, being "Congress Avenue Community Park, Boynton Beach, dedicated to Tereesa Padgett." Chairman Ryder said this was the park opposite the County park. He commented, "That's good news, honoring Tereesa. She has done a wonderful job for the City.1I Chairman Ryder again asked if anyone else wished to speak in favor of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the application. Donald D. Forrester, 7648 High Ridge Road, Hypoluxo, Florida, gave his address to the Board and added, lithe little notch that is not included up in the north." Chairman Ryder asked Mr. Forrester if he was presently a resident in the County. Mr. Forrester answered that he was a resident for 19 years. Chairman Ryder had a letter from Mr. and Mrs. Forrester. Mr. Forrester said he and Mrs. Forrester did not want any town, not just Boynton Beach, because they have gone through this before, not with Boynton but with the County. Mr. Forrester asked, "What assurance do we have that the plan, which is nice, is going to be that way once it is rezoned? Is there an assurance? Is there a time limit?" He said before, the property south, where there will be an industrial PID, has been sand mined and wa~ not treated properly. Mr. Forrester emphatically asked, "What assurance does a little bitty homeowner have?" Mr. Annunziato answered it is the nature of these zoning categories that the applicant is requesting that what you see is what you get. He did not think the City would annex property under any other circumstances at these locations. Mr. Annunziato, City Planner explained that the configuration of land uses which will corne up and be discussed when they discuss the land use and zoning - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 category is how the property will have to be developed if the Council annexes it and zones it. Mr. Annunziato acknowledged that there are avenues for modifications to those, but anything of a substantial nature would, in fact, result in negating the zoning category that the applicant receives, and it would probably go back to agricultural zoning. Mr. Annunziato continued by saying the land uses that were shown that will be discussed probably in a few minutes, he thought Mr. Forrester could feel secure that is what the area will look like when it is developed. In terms of kind of development, Mr. Annunziato remarked, "That's crystal ball. Mr. Annunziato advised that the applicant has a requirement, and that is construction within 21 months; the applicant has to plat and bond within 21 months. when you mention sand mining, it really affects Mr. Forrester, and it bothers him. He informed Members of the Board that they are on a hill, and where the PUD will be developed is about the only natural hill left around here. Mr. Forrester said there is a marker up at the top that the applicant may not even know about of the Corps. of Engineers. He said it is the highest accessible point in Palm Beach County with a road. Mr. Forrester forge~how many feet it is. He asked, "When our house starts to sink, who do we sue, you, the City, the developer, or everybody?" Mr. Annunziato answered, "Knowing the way lawsuits occur, you will probably sue everybody." Mr. Forrester stated they were just going to do it, because everywhere else, in the other part, he can not build what he wants to build on nice rolling land. Mr. Linkous requested Tim Cannon, Assistant City Planner, to point out Mr. Forrester's property. Chairman Ryder informed Mr. Forrester that the City is giving him a buffer. At the present time at the City limits, Chairman Ryder said this area is zoned M-l just to the south of Mr. Forrester. Chairman Ryder explained that M-l is manufacturing, and what they had here is a PID, which is a different concept from the normal M-l zoning. Then, Chairman Ryder continued, the City has the PUD before they get to Mr. Forrester's property. Mr. Forrester called attention to the fact that if they open that road up from 22nd Avenue (they only have a 21 foot paved road with no sidewalks), part of that little 21 foot road will be Boynton. The south part will be Boynton's road. Mr. Forrester told the Board they have only lost animals with the City's industrial park, no children. Chairman Ryder agreed that part of the 21 foot road will be in the City limits. Mr. Forrester remarked, "That's going to be a race track! It's bad enough now when the industrial park lets out. There are three businesses there, and it's not the quiet little neighborhood. I know everything has to grow, but this is a _II Chairman Ryder thought we all have come to that conclusion, that times are changing, and it is not the way it used - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 to be. He said all they could do was try to come up with something that harmonizes with what is there. Chairman Ryder added that it is not harmful. Mr. Forrester said they should just north of us. He told the one of those sand trucks meet. enough for a big sand truck and see the school bus Board, "Wait until They won't meet. a school bus." at the school the school bus and There's not room Mr. Linkous asked, "How wide is that right-of-way?" Mr. Annunziato answered that the right-of-way of High Ridge Road is one of those early Palm Beach County sited and posted roads. In fact, he said the right-of-way exists probably because of an easement. Mr. Annunziato said it appears on the tax maps as a right-of-way, and the description refers to their property, which is an acreage, less the right-of-way. Mr. Annunziato advised that it is 50 feet, 25 feet on either side of the section line, which is a common denominator for each side of these posted roads. He continued by saying the right-of-way that will exist in Boynton Beach south of the section line, adjacent to these projects, will be 80 feet with 24 feet of paving. Chairman Ryder determined that there is a potential for widening. Mr. Annunziato wished to make a "sort of" editorial comment about High Ridge Road, as these people have been subject to many, many things in the past and are somewhat familiar to the kinds of land use conflicts that have occurred and early annexations without much regard to land use buffers. As a matter of fact, Mr. Annunziato said that was why the City had this Point Manalapan application splitting the property to try and buffer on Mr. Forrester's property. He explained how they were going to the lower densities of residential from M-l. Concerning High Ridge Road, Carmen Annunziato, City Planner, said High Ridge Road has always been planned to connect with N. W. 22nd Avenue. It has been a subject for the County Commission's discussion for more than ten years. In his opinion, as a Planner, Mr. Annunziato commented that now that sewer and water are avail- able, one of the things that has kept that area from developing higher densities is the Health Department's refusal to allow higher density developments because of the non-availability of public utilities. He said public utilities are at High Ridge Road and Miner Road now, so Mr. Annunziato thought it was probably just a short time until some people will realize that those properties that have the ability to intensify developmentwise (maybe go from one unit to two or split properties) now that water and sewer are available will do so because it will be a gain financially. Mr. Annunziato "sort of" empathized with the High Ridge Road aspect of this thing but he thought that the forces have been put in motion that probably will cause change in the next five or six years. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Chairman Ryder had said the City was not annexing Point Manalapan. Mr. Forrester disagreed, saying that the City really is because the yellow sand will wind up over in Point Manalapan. Mr. Annunziato, City Planner, advised that the City has adopted some relatively restrictive excavation regulations and the way the City's ordinances will read, unless it is physically necessary for a developer to remove fill from the site (muck, for example, which is a physical impairment to development), you cannot remove fill from your site. Mr. Annunziato explained that did not mean there could not be an exchange of fill on site to fill in lower levels and perhaps lower the higher levels. The way the City ordinances read right now, Mr. Annunziato doubted very much that a developer would be permitted to rerrove any fill from site. Mr. Linkous thought Mr. Forrester's letter was very appropriately wr i t ten. He read: "Any further sand mining to the north will destroy one of the last remaining natural sand ridges in South East Florida and leave our property in jeopardy." Mr. Linkous asked Mr. Annunziato if he was correct in assuming from Mr. Annunziato's statement that there would not be any more of this. Mr. Annunziato thought it was an accurate assessment but added that it did not mean to say there would not be some cutting of streets, as he saw it. Mr. Linkous asked about hauling away. Mr. Annunziato knew there was not going to be any hauling away from the site. He said there may be some removal of fill from the north half to the south half. Mr. Linkous asked, "On the property?" Mr. Annunziato replied, "On the property." Mr. Kenneth Groves, Vice President, Point Manalapan Development Corporation, came forward again. To give Members of the Board a little background on what particular points Mr. Forrester was try- ing to raise are, Mr. Groves told them to look at Commerce Park to the south of the property and the Planned Unit Development to the north of it. Years ago, Mr. Groves informed the Members, they excavated a considerable amount of sand from what would amount to the south 42 acres of the 65 or so acres that they presently own. Of the acreage they presently own, Mr. Groves advised that there are more than 12 acres presently unexcavated, as it has been for a number of years. Mr. Groves said they have had comprehensive discussions with the Boynton staff, and their intent is solely to alleviate the rather extreme rock on the extreme northend of their property with ridges at its peak as it abuts the school. He said they would probably do some evening at that point so that there is not a dramatic increase, and that sand would be relocated somewhere on the open side. Mr. Groves stated that he would say it was safe to assume that perhaps 80% or better of the unexcavated portion of the un- excavated portion of that piece of property will remain just as it is, and the only portion that would be touched would simply be to even the existing grades with those areas that have already been excavated. Mr. Groves' understanding of the Boynton Beach Excavation Ordinance - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 would strictly prohibit excavating sand from that site, assuming that you own the piece of property that they do. Mr. Groves said they could say they do not meet any economic criteria and say that they have to take the sand off of the site to develop it. Mr. Groves commented that there was no logic to it. When the City prepared that regulation, Carmen Annunziato, City Planner, advised that economics was not a consideration for bind- ing. He said the only thing that is a consideration for removal of the shellrock on site was a physical impediment to development. Mr. Annunziato quoted, "physically necessary to develop." He used muck as an example and said, "You have to remove muck in order to construct building areas. You can build on sand, so that is not a physical impediment. Therefore, you cannot remove it." Mr. Annunziato commented that in the property to the south with the great differentials in elevations, it became a physical necessity because of the prior construction. What Mr. Groves was saying was that in his north property line, if anyone has visited the site, their roofs are about Mr. Groves' ground elevation, Mr. Annunziato advised. He said they excavated and left a rather steep embankment that is not on a property line. Mr. Annunziato informed the Board that what Mr. Groves was saying was that the embankment will have to be diminished in order to provide a build- ing site, butthat fill which will be removed from that area could not leave either site. It will have to be spread somewhere on the property. Mr. Linkous thought that was what Mr. Forrester was concerned with. Chairman Ryder asked if anyone else wished to speak in opposition to the proposal. John P. Hess, Jr., 7075 High Ridge Road, Hypoluxo, Florida, was speaking for the Greater South High Ridge Propertyowners Associa- tion. He thanked Carmen Annunziato, City Planner, for giving his editorial comment and also the beginning of the history of this problem. Back in 1972 this property, to the south of the applicant's re- quest for annexation and rezoning, was simultaneously annexed and rezoned, Mr. Hess informed the Board. At this time, the City is separating the two, and having a hearing for rezoning and having a hearing for annexation. Prior to that, in 1972, Mr. Hess said the City took the residential area, which is now Industrial Park, and immediately rezoned and annexed this property without anybody being notified because, according to law, all they had to do was to notify people in Boynton Beach. "There was no one around you," Mr. Hess continued, "so you didn't. We heard nothing about it until it was done. It was done. In 1972, we came before you. Thank God Joe deLong was here. At that time, he was the vice Mayor. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 He voted for us, to stop any further industrial development of that area until a road is built to the south. At that time, the County Commission agreed to establish a hiatus, blocking any industrial traffic from any residential road of one mile (High Ridge Road), therefore, forcing them to go south. The problem was they had already partially built an industrial park, or at least one part of an industrial park - one building, so they had, by rights, the right of egress and the right of the roads." Mr. Hess continued by saying, "So they got us. We all agreed to it. We also agreed before your City Commissioners and before the County Commission not to further develop that thing until there was a road to the south and until a hiatus was established. Mr. Hess said it was illegally done and was illegally turned from a residential area down there to an industrial area. Mr. Hess noted that Mr. Annunziato told the Members a little bit about it but said that Mr. Annunziato did not tell the whole history. Mr. Hess said there were seventy residences on the road, and they all have one acre and children. Mr. Hess told Members of the Board that he has three children who go to Lake Worth Christian School. There are no sidewalks. As Mr. Forrester indicated, Mr. Hess said the road is 21 feet wide. Mr. Hess has one son now who will be in junior high school, who rides a bicycle. If this thing is open to the south and the Board does accept this annexation and rezoning, Mr. Hess predicted that there is no way this will be safe for his son. Mr. Hess thought the only solution was to carry with what the County Commissioners tried - to stop this terrible moral sin that has occurred, and accept their idea. Mr. Hess urged the Board to accept the County Commissioners' idea and not accept this rezoning and not to accept this idea. He asked the Board to demand that this industrial park, which was created unfortunately by whatever occurred in 1972, be self-sufficient. Mr. Hess added, "Make them go south. Keep us, as residents, safe~ Keep our property values, and keep our freedoms of safeness proper." To go one further step, Mr. Hess advised that if this thing is opened to the south, Motorola is obviously going to be built (it is at the corner of 22nd and Congress), a short cut automati- cally will be established. Anybody who has any sense, with gas prices the way they are, will look for a short cut, and if they want to get to 1-95, they are going to zip down.22nd and up High Ridge Road, and so will commercial vehicles, and so will truckers, Mr. Hess pointed out. He said High Ridge Road is one mile. Mr. Hess admitted they were not taxpayers of Boynton Beach but they came to the Board imploring and trying to correct something that happened and to stop this thing before it goes further. Mr. Hess implored the Members of the Board to reject the annexation idea on a moral issue and try to stop the sin that did occur. Of course, he added, we all make mistakes but we do not like to - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 make too many errors. There was applause. Chairman Ryder thought everyone would appreciate that the City has been in a bind. Currently, if you want to go from any part of Boynton to any area here along High Ridge Road, you have to leave the City to get to it. This is something Chairman Ryder thought the City necessarily had to correct. Finally, he said the City is coming to the point now where they are opening up High Ridge Road and 22nd Avenue. In a sense, Chairman Ryder said it would benefit the residents of High Ridge Road because, otherwise, traffic going to this M-l industrial area has to come in primarily through High Ridge Road from Hypoluxo. There is no other way in. Chairman Ryder said the City is now providing them a means of access from the south so they can come in from 22nd Avenue. In a sense, Chairman Ryder felt the City was alleviating the current situation that the residents of High Ridge Road have. There were a number of issues that Mr. Hess raised that Mr. Groves had not referred to at this point and time because he felt they were more subject to the rezoning than to the annexation. Among them were Mr. Hess' discussions of the zoning of that particular property and what would be suitable there, Mr. Groves recalled, and what the County has to say about the zoning of the property. Mr. Groves said he would be happy to go into them at this time, but he thought it would be more appropriate to consider the annexation as they have been doing and then discuss the aspects of the rezoning. Mr. Groves advised that there is a considerable amount that he has to say about High Ridge Road also which he felt would also be more appropriate in the rezoning discussion. As far as they are concerned, Mr. Groves said whatever policy is ultimately adopted by Palm Beach County with regard to High Ridge Road, whether they put a hiatus on it or do not put a hiatus on it, and whether that hiatus blocks them from access to the north or does not, they are intent on seeking annexation into the City of Boynton Beach. If that means there is going to be a hiatus in Mr. Forrester's property, so be it, Mr. Groves continued. He said they were prepared to live with that. Mr. Groves advised that they do not agree with that and think it is probably illegal and would probably fight it. If that is the case, Mr. Groves remarked, "50 be it." With regard to most of Mr. Hess' points, Mr. Groves wanted to reserve comment until after they discussed the zoning aspects. Chairman Ryder asked if anyone else wished to speak in opposition to the proposed request. Jerry Davis, 7621 High Ridge Road, Hypoluxo appeared before the Board. In regard to the hiatus in lieu of annexing the road right- of-way, Mr. Davis said it was actually to stop the hiatus fran being put there. He advised that the County has granted them the right to the hiatus and upon annexing the road, it would alleviate their - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 responsibility, being that it would be in the City of Boynton. In effect, Mr. Davis said it would be abandoning them in regards to the hiatus. He asked why there was a need to annex the road, other than to alleviate the hiatus that had already been granted to them. Chairman Ryder did not consider the hiatus that had been ordained was locked in concrete. Mr. Davis agreed that it is to the point that the County has agreed to it in the past and has agreed to it recently. He pointed out that if the hiatus is annexed into the City of Boynton, then the hiatus is under the City's control, which definitely would not be there in regards to the peninsula of annexation up to the right-of-way of I-95. Mr. Davis called attention to the fact that one of the City's criterias for annexation of property is that it abuts or is adjacent to. He said it is a continuing encroachment on the residents up there because there is additional property that is owned by these people that is being scavenged or has been scavenged in the past in regards to sand mining, and it was stopped recently. This peninsula would, in effect, connect that property, by-passing the Lake Worth Christian School, Mr. Davis noted. He reiterated that it was a continuation of encroachment that they did not feel was right. In regards to the hiatus, Mr. Davis said it was established this way to alleviate the influx of commercial traffic that is on their road. In regards to the continuation of High Ridge Road to 22nd, all Mr. Davis felt it would do would increase the flow of traffic. Mr. Davis noted the City had said by having this done, it would alleviate their problems. He advised that it would compound their problems by the influx of the amount of traffic that will be going through that area. Mr. Davis continued by saying it is a residential area; it is a small road; they have continuous problems right now with semi- trailer traffic; they have had numerous animals killed on the road and, like Mr. Forrester has said, none of their children have been involved yet, but they have been closely related to it. To set the record straight, Mr. Davis was not necessarily opposed to the annexation of the property down there. He said it was in fact what it is doing to the property owners in regard to the traffic and the safety problems in regard to the road. Mr. Davis knew a lot of people did not feel the hiatus was a viable method of slowing the traffic down but noted that there has been nothing in the past that has been able to stop it. The speed limit on the road now is 25 miles an hour with 15 miles per hour for trucks. This, in effect has not been enforceable in the past and cannot be enforced now, Mr. Davis continued, even with speed traps. It is a continual problem. He asked what the City would do with regard to alleviating that kind of problem to the people of the County if this is stated that way. Mr. Linkous asked what portion of land Mr. Davis was classifying as a hiatus. Mr. Annunziato replied that there was no location for the hiatus. Mr. Davis disagreed, saying it had been constructed or - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 proposed to be constructed at the intersection of the termination of High Ridge Road and Miner Road. Chairman Ryder advised that it is at the City line. What the so-called hiatus refers to, Mr. Annunziato explained, is that in 1973, a Resolution was approved by the County Commission providing for a termination somewhere on High Ridge Road which would physically separate the southern portion of High Ridge Road from the northern portion of High Ridge Road. He was not so sure the specific location had been decided upon. Mr. Annunziato read the Resolution and did not think the Resolution said a specific location. Mr. Davis commented that it would be obvious for the annexation of the road from this point that is being annexed down there to take care of this problem. Mr. Annunziato said the issue of the hiatus mayor may not go away. He did not think the hiatus is inconsistent with the County Comprehensive Plan; their staff acknowledges it; the County Commission has chosen not to make a final decision on this issue; the City Council of Boynton Beach has taken the position that High Ridge Road should be constructed and should be opened up. Whether or not these annexations would result in the hiatus being met or the idea of it being terminated, Mr. Annunziato doubted because there is plenty of County right-of-way north of these annexations. He did not think it was an issue in connection with this annexation. Mr. Davis argued that Mr. Annunziato said he does not think it is an issue. He told the Board it was irregardless of what Mr. Annunziato thinks is an issue; it is what the property owners feel is an influx on their property. Chairman Ryder noted Mr. Davis said it is not an issue. He just got through saying before that the people who live in Boynton at this point on High Ridge Road can only get there by going up north and then coming down High Ridge Road. Chairman Ryder asked, "You tell me that's not helping~" Mr. Davis disagreed, saying, "You people created the situation." Chairman Ryder placed the letter of Donald D. Forrester and D. Jane Forrester, 7648 High Ridge Road, Hypoluxo, Florida, addressed to the Planning and Zoning Board, addressed August 5, 1982, into the record, as follows: "In reference to annexation, rezoning and land use sul:Jnitted by William E. Benjamin II and Point Manalapan Developnent Corp., we are opposed to the annexation and rezoning of the said property. '!he rural setting of our small a::mnunity would be vastly changed by such a developtent. The only paved access to this property is High Ridge !bad, which dead ends at the south portion of the proposed property to be armexed. High Ridge !bad is a paved road of only 21 feet in width. We are also opposed to this annexation and rezoning because of the probability of sand mining. In the past, Mr. Benjamin and - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Point Manalapan Developrent Corp. have done extensive sand mining on the south portion of said property. Any further sand mining to the north will destroy one of the last rana.ining natural sand ridges in South East Florida and leave our property in jeopardy. We hope that with your infinite wisdom and planning you will not grant this petition for armexation and rezoning." As no one else wished to speak in opposition to the proposal, THE PUBLIC HEARING WAS CLOSED. Mrs. Bond asked if they annexed that portion of Point Manalapan's property, will the road be widened. Mr. Annunziato replied that the proposal would not be to bring it to a 24 foot section but their traffic impact statement requires that they construct turn lanes at the project entrances. Mr. Groves advised that they would pave 21 feet. Mr. Annunziato added that it would be encumbered by turn lanes. "Even though they would have commercial property included in it, they would not have to widen the road?", Mrs. Bond again questioned. Mr. Annunziato answered that they would bring it through their property to one-half of an 80 foot section, which would be 40 feet, which means that would be a part of a dedicated right-of-way adjacent to the property. From Miner Road south, Mr. Annunziato said the property owners have agreed to dedicate the full 80 feet right-of-way. The City's requirements for these kinds of rights-of-way would be a 24 foot paved road. Mr. Annunziato thought the point Mr. Forrester was trying to make was north of Miner Road, there only exists 21 feet of pavement but over that distance there will be turn lanes at both entrances, as Mr. Annunziato recalled. He said he would have to look at the traffic impact statement. Mr. Annunziato advised there are no plans to bring the 21 feet to 24 feet. He thought it would probably be impractical. Chairman Ryder told the Members they had to consider that they heard the people who live in the vicinity, in the County. How- ever they also have to consider that Boynton has a problem and has had a problem. The thing is that this hiatus is an abomination, and Chairman Ryder did not think it was going to last forever. He thought the Board's major concern was to make sure that the people who live in Boynton have access without having to go out into the County to get back in. Mr. Linkous moved to accept and annex the property as presented in the Petition for Voluntary Annexation of Point Manalapan Development Corporation and William E. Benjamin, II. Mrs. Bond seconded the motion. A vote was taken on the motion, and the motion carried 5-0, with Mr. Wandelt abstaining from voting. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 (4) LAND USE AMENDMENT AND REZONING Applicant: Request: Proposed Use: Request: Proposed Use: Location: Legal Description: William E. Benjamin, II & Point Manalapan Development Corp. Amendment to Future Land Use Plan to show property as Low Density Residential and Request for Zoning property PUD with a Land Use Intensity of 5.00 Multi-family and Single Family Residential & Recreational Facilities Amendment to Future Land Use Plan to show property as Industrial and Request for zoning property to PID (Planned Industrial Development) Industrial Between High Ridge Rd. & Interstate 95, approxi- mately one mile South of Hypoluxo Road Acreage, Land in Section 9, Township 45 South, Range 43 East Concerning the current land use and zoning surrounding these proposals, Mr. Carmen Annunziato, City Planner, reminded the Members of the Board that they were addressing the zoning of these proposals in one public hearing. He said the proposals are to zone the southern 25 acres into a Planned Industrial Development. Those Members who were familiar with the PID (Planned Industrial Development) zoning regulations would know that this is a high grade industrial zoning classification providing for Council approval of all uses, providing for the green belts, providing for associations to maintain properties, providing for controlled access, and providing for development consistent with the subdivision regulations, Mr. Annunziato advised. Mr. Annunziato continued by saying the northern 45.4 acres plus or minus is proposed to be developed into a Planned Unit Development with a land density not to exceed 4.8 in its per acre gross. This combination of planned industrial districts has been determined to be consistent, at staff level, with the Palm Beach County Comprehensive Plan in that they have a zoning category for mixed industrial and residential uses under one zoning classifi- cation, Mr. Annunziato informed the Board, but in concept (and staff has letters in reference to this concept), Mr. Annunziato said it was similar with Palm Beach County's zoning classification of PID. Therefore, he said it can be annexed and zoned at this time. Of course, Mr. Annunziato pointed out, this is the ultimate decision of the County Commission to determine consistency of the Comprehensive Plan. The proposal for the PUD (Planned Unit Development) provides for the development of approximately 200 units with approximately 150 multi-family and the remainder being single family detached units, Mr. Annunziato continued. The multi-family would act as a land use buffer between the Planned Industrial Development and the single family. In effect, packaging these two zoning districts in one property, the applicant is taking it upon himself to provide - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 for a land use buffer between the straight M-l zoning category to the south and the existing RS single family zoned property to the north. By having planned districts, Mr. Annunziato said the applicant was able to provide for sufficient buffers and sufficient land use controls to afford a change from straight industrial zoning to high grade industrial, multi-family, and single family zoning. Mr. Annunziato referred to the chart drawn for the Members in his memorandum of July 16, 1982 under "Current Land Use and Zoning" and said under the jurisdiction of Palm Beach County, the zoning is RS, and the Land Use is the Lake Worth Christian School to the north; to the east the jurisdiction is again Palm Beach County, and the zoning is not applicable because they are talk- ing about rights-of-way, being the Seaboard Airline Railroad. To the south, Mr. Annunziato told the Members the jurisdiction is Boynton Beach. The zoning is M-l, and there are three uses: (1) Rollyson Warehouse, which houses many technologies; (2) Florida Pneumatic, and (3) Vacant undeveloped property. To the southwest, Mr. Annunziato said the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is vacant and un- developed. To the west the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is estate single family. To the northwest, the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is single family detached, Mr. Annunziato informed the Board. As to the Future Land Use and Zoning, Mr. Annunziato told Members of the Board that High Ridge Road is an area in transition so far as development is concerned. There are many items which cause an area to change, but the primary causes of change in the High Ridge Road corridor are first the availability of sewer and water. As Mr. Annunziato mentioned previously, there is a 16 inch water main along the entire southern boundaries of the property and a ten inch force main which crosses High Ridge Road at Miner Road, and that force main will serve the entire area from Hypoluxo Road south almost to N. W. 22nd Avenue. There will be a pumping station and force main to tie into that system, Mr. Annunziato advised, to the proposed extension of High Ridge Road southward to N. W. 22nd Avenue which this Planning and Zoning Board has already required of the developer, and the industrialization of the surrounding area, not only to the south but also to Motorola. Mr. Annunziato further told the Board that the Point Manalapan tract lies approximately an equal distance between N. W. 22nd Avenue and Hypoluxo Road on the east side of High Ridge, and as proposed will form the land use break point wherein industrialization will be limited from expanding northward. As he mentioned, Mr. Annunziato said the purpose of the requested zoning categories (PUD and PID) is to provide on-site, sufficient land use controls via planned districts to insure that the residential property to the north is carefully and adequately buffered. As he mentioned, Mr. Annunziato said this has been found by the County staff to be - 37 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 consistent with the Comprehensive Plan with respect to all of the remaining land in the area, the Palm Beach County Comprehensive Land Use Classification is Low to Medium Residential, which permits a density range of 3 to 8 dwell- ing units per acre. This was the point Mr. Annunziato was trying to make earlier. He said there is a potential for redevelopment of the High Ridge Road corridor, even in the Palm Beach County jurisdictions. Now that sewer and water is available, Mr. Annunziato commented that there is a fair chance that those properties will begin to redevelop at higher densities. Based on the information provided, the land use classifications of Industrial and Low Density Residential are appropriate, and the zoning classifications of Planned Industrial Development (PID) and Planned Unit Development (PUD) with Land Use Intensity of 5 are recommended, Mr. Annunziato told the Members of the Board. Concerning the Master Plans themselves, Mr. Annunziato asked the Members to note that there is one entrance to the Planned Industrial Development, that being off High Ridge Road. He said it would be a standard 60 foot street, 24 feet of pavement because of its industrial use, with a 100 foot cul-de-sac. Mr. Annunziato continued by saying drainage will be provided for both developments in a combined retention area. It will be a dry retention area, owing to the elevation of the properties. It is located roughly to the center and at the eastern border of the properties. Mr. Annunziato said there is a cluster of multi-family units with recreational amenities lying between the PID and the single family subdivision area to the north. Mr. Annunziato informed the Members that the applicant has met the subdivision regulation requirements for receiving one-half credit for recreation and parks dedication purposes. The remainder will have to be turned into dollars in connection with the subdivision regulation based on the appraisal at the time of the preliminary plat. Mr. Annunziato said the single family subdivision is a straight . single family subdivision with 60 foot rights-of-way with four or five cul-de-sacs serving fingers off the main road. He said the project will be served with municipal sewer and water. The roads are proposed to be dedicated to the City of Boynton Beach. As he mentioned, Mr. Annunziato said drainage on site will be to a dry retention area which, in times of severe rain, will carry water but only for a limited period of time. Mr. Annunziato added that Point Manalapan owns no more property in this area. He said the appendage which extends to the north is proposed to be constructed as a jogging trail; it really could not be developed for anything other than a use Qf that nature. Mr. Annunziato spoke about the requirements for traffic impact. If this were to be zoned in Palm Beach County, he said they would - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 be subject to the County Comprehensive Plan traffic impact require- ments. The traffic statements show that this applicant would have to construct High Ridge Road south similar to South .Palm Beach Commerce Park, be responsible for turn lanes (that is, the entrance to his project), and also for turn lanes at Hypoluxo Road and signalization at Hypoluxo Road, Mr. Annunziato informed the Board. He said all of these items have been agreed to by the applicant as a part of his Petition for Voluntary Annexation. Mr. Linkous asked if that would include sidewalks. Mr. Annunziato replied that the applicant is proposing to construct a bike path adjacent to his property through the limits of his property on High Ridge Road. The construction of High Ridge Road south, which will be assured by the submission of a letter of credit, will provide for the construction of a bike path along High Ridge Road from Miner Road south to N. W. 22nd Avenue, so all of the property in the City of Boynton Beach will be served by a bike path, Mr. Annunziato advised. Of course, he added, there will be sidewalks on the internal roads. Going from N. W. 22nd Avenue North to the northernmost boundary, as it would be contiguous to Mr. Forrester's property, Mr. Linkous asked if it would not be the wider road. As Mr. Annunziato under- stood the question (Would the right-of-way be enhanced from this N. W. 22nd to the northern limits), the answer was "Yes". Mr. Annunziato advised that from N. W. 22nd to Miner Road, the proposal is that the property owners on either side of the section line would dedicate 40 feet, providing for an 80 foot right-of-way, with a 24 foot paved roadway and an 8 foot bike path from Miner Road north to the northern limit of this propery. He said the eastern half of High Ridge Road would be dedicated with an additional right-of-way dedication of 15 feet to provide for a half section of 40 feet as a collector. As he mentioned, Mr. Annunziato advised that there will be turn lanes that will be constructed in connec- tion with the development. Without belaboring exactly what was done, Mr. Kenneth Groves, Point Manalapan Development Corporation, thought everyone was aware from the.m~my comments that there has been an existing industrial corridor which commences at about N. W. 2nd Avenue west of the Seaboard Coastline Railroad in the City of Boynton Beach. It presently extends all the way to Miner Road, where Miner Road would be constructed west of I-95. Mr. Groves referred to the comments by Mr. Hess concerning the annexation and rezoning several years ago, Mr. Groves said the problem that Mr. Hess was referring to sits very close to the applicant's door step. Mr. Groves informed everyone that their sole intent in developing the property is to provide a reasonable transition from the existing industrial development to the south of them through the residential area to the north of them. Of course, Mr. Groves said the area to the south of them is a manu- facturing district, and it allows for heights up to 45 feet. The Planned Industrial District that they are proposing would have no - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 such manufacturing permitted, Mr. Groves told everyone, and they would restrict building heights to a maximum of 25 feet, which is approximately that of a two story house. Mr. Groves said the entire Planned Industrial Park would be buffered pursuant to the Planned Industrial Development regulations where it abuts the residential area for a residential street with a 40 foot green belt which, in essence, would enclose the visibility of the industrial park within the park i~self, so it would permit no visual deterioration from any residential area. Specifically, with the uses which they are going to incorporate and with regard to the subject of traffic which Mr. Groves wanted to get into detail with, Mr. Groves advised that they have been attempting to cooperate with the people from High Ridge Road for some time now concerning restricting the industrial type of traffic traveling north on High Ridge Road to Hypoluxo Road. He said they have been attempting to do that directly with them, indirectly with them through the County, and they certainly will continue doing that regardless of some of the points that they are raising tonight. As they continue along through the Planned Unit Development (PUD) , or if it is the PID, Mr. Groves thought it was simply a continuation of the transition zone where they go from a multi-family area, where they have a considerable amount of open space (they have a large parking area which abuts the green belt of the Industrial Park), the sole purpose of which is simply to get them from the industrial and manufacturing district to the single family uses to the north of the property. After the multi-family area, Mr. Groves said you go into a single family area which then abuts the Lake Worth Christian School, and the development basically becomes then consistent with the uses of High Ridge Road. Mr. Groves noted that they indicated the predominance of develop- ment on High Ridge Road is acre lots and, to a degree, on the west side of the street that is very true. However, Mr. Groves said there are quite a few pockets where the density is likely to be considered in excess of that, particularly on the east side of the street where development has not occurred yet. Mr. Groves commented that there was a gentleman in the audience who may care to say something one way or the other, who owns one of those pieces of property. In his conversations with him, Mr. Groves did not think the man has ever contemplated developing his property into an acre lot subdivision. On the subject of traffic, Mr. Groves thought everyone was aware there is an existing problem with traffic on High Ridge Road. As far as the width of the road right-of-way, Mr. Groves advised that it is presently paved 21 feet. The cross sectional standard for the roaq if it were up to what is considered the collector's standard in both the City of Boynton Beach and the County, would be 24 feet, so Mr. Grove said they were talking of a difference of three feet or 1-1/2 feet on each side of the right-of-way. Although they are talking about something, Mr. Groves said it was - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 not like they were talking about the difference between a two-lane and a four-lane road. As far as the traffic is concerned, Mr. Groves said they were will- ing, and have expressed that publicly and privately, to cooperate with the people of High Ridge Road in attempting to limit any traffic going up High Ridge Road toward Hypoluxo to residential or passenger car type traffic. Mr. Groves said they made a lot of comments concerning the fact that there is going to be increased traffic, and there certainly is, but Mr. Groves pointed out that there is going to be increased traffic whether there is an industrial development down there or whether there is not and whether they develop this piece of ground in the County or whether they develop it in the City of Boynton Beach. Mr. Groves thought that Mr. Annunziato had adequately addressed the fact that they submitted this to the County staff in detail. The County is in concurrance that it is in conformance with their Land Use Plan. The zoning is consistent; the densities are consistent; the Planned Industrial Development is consistent in that it abuts industrial uses to the south, railroads to the east, and provides a transitional zone, Mr. Groves informed everyone. Getting to the specifics of traffic and, in particular, the hiatus which they discussed, as he mentioned earlier, Mr. Groves said it is their attitude that the County Land Use Plan and tills thorough- fare plan addresses High Ridge Road as being a collector to run from N. W. 22nd Avenue all the way north to Lantana Road. Mr. Groves frankly thought that was what they had been working with, and they have designed their project in accordance with that. Mr. Groves stated that they felt that the County Commission's vote at one point and time to create a hiatus there was ill-conceived and, at the present time, was frankly illegal. Mr. Groves thought one point which has not been brought up was why that hiatus policy was originally considered. As far as the County was concerned, at the time Mr. Groves said they were hauling fill out of their property, which was a consider- able intensive truck use, and there was a conceived master plan by Lehigh Portland Cement to go in the industrial park to the south as a .per~9-nent-#-regular.feature. He pointed out that concrete trucks would be a regular feature coming up and down High Ridge Road, and that, to Mr. Groves' knowledge, was the predominant think- ing in putting the hiatus,there. Of course, Mr. Groves remarked, that use has since been eliminated and he did not see that the hiatus policy is really consistent with either PID zoning or the County's zone plans. In the event a hiatus is placed somewhere along High Ridge Road, as he indicated earlier, Mr. Groves said they are intent in having their property annexed into the City of Boynton Beach. He thought their zoning was consistent both with County zoning and Boynton's zoning. Wherever a hiatus is placed, if one is placed, Mr. Groves did not see that affects either their annexation - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 or their zoning because they are prepared to live with it wherever it may be if it ever goes in. Chairman Ryder informed Mr. Groves the Board had some letters with regard to complying with the requirements of the Technical Review Board. He asked Mr. Annunziato if there was anything they should get from Mr. Groves in the way of agreement with any of the comments. Chairman Ryder added, "And the traffic features too." Mr. Annunziato advised that the traffic features are adequately addressed with the Petition for Voluntary Annexation. He said there were a number of staff comments which should probably be read into the record and the response to those comments by Mr. Groves in his letter to Mr. Timothy P. Cannon, Assistant City Planner, dated August 3, 1982. Mr. Annunziato said he could read them into the record now. Chairman Ryder thought they could be noted as part of the material the Members have before them. A copy of Mr. Groves' letter to the Assistant City Planner dated August 3, 1982 is attached hereto and made a part hereof as Pages 43, 44, & 45. The staff comments are as follows: Planning Dept.: Utilities: Fire Dept.: (Wm. D. Cavanaugh , Fire Inspector) Urban Forester: Engineering Dept. : ('Ibm Clark, City Engineer) Asst. City Planner: (Tim Cannon) See Memo attached hereto and made a part hereof as Pages 46 thru 50. See Memo attached hereto and made a part hereof as Page 51. liRe: High Ridge Ccmrerce Park Water supply approved as shown. Fire hydrant location shall conform to Ci ty Subdivision Ordinance, Section XVI. II Reference: Cedar Ridge Estates As shown Fire Lines have too many dead ends. Cbnsultation with Perry Cessna, Utilities Director, and this office soould alleviate this problem. Fire hydrant location shall confonn to City Subdivision Ordinance, Section XVI. II See Memo attached hereto and made a part hereof as Page 52. "l do not have any negative cx:mrents conceming the subject master plan. '!he cx:mni. brent for off-site road and traffic improverrents appears to be appropriate based on the traffic sw:vey. '!he drainage plans and calculations are canprehensi ve and show that flcx:xling situations have been adequately addressed. II "l. Need to show all existing utili ties and easanents on and adjacent to tract. 2. Need docunents showing l.ll1ified control; agreerrents with city for corcpletion of developnent according to plan and restrictive covenants with regard to sane. 3. Need statement as to desirability of placing parking garages with setback (3D') along south boundary of P.U.D. 4. Need statements of coordination with utilities. II - 42 - Sales Office in The Manalapan Club Hypoluxo Island Manalapan, Fla. P. O. Box 3198 Lantana, Fla. 33462 Telephone 585-2515 585-2516 August 3, 1982 ReCejVe~t' rh;.C/ Date SI ~ 7..- ~ Time / / ;, ___ . , Mr. Timothy P. Cannon Assistant City P~anner City of Boynton Eeach P.O. Box 310 Boynton Beach, FL 33435 Re: Cedar Ridge Estates P.U.D. - High Ridge Commerce Park P.I.D. Dear Tim: In pursuance of your letter of July 29, 1982, my letter bo you of the same date, and the discussions which took place at a meeting of the Boynton Beach Technical Review Board this morning please consider the following items: 1. In regards to the remarks from the Fire Inspector and the Director of Utilities, ,I believe each of their concerns was fully addressed and resolved at the meeting this morning by the modification of the water and sewer plans to reflect the following ch~nges: a. A six inch water main will be installed to connect the south leg of the nulti-family water main to the eight inch water main presently shown as running through the center of the P.I.D. b. The north leg of the multi-family and single family water main shall be increased from six inches to eight inches. c. At the eastern wost or second from the eastern most cul-de-sac an easement shall be provided to permit the extension of the water main from the six inch leg to the fire hydrant in the cul-de-sac north to connect with a future water main to be constructed by the Lake Worth Christian ~igh School. d. The gravity sewage collection system which is presently shown running th~ough the eastern portion of the multi- family area shall be modified such that man-holes shall be accessible from the north and south parking areas, linking a run not to exceed 400' with suitably lined ductile iron pipe together with a provision that we shall agree to hold the City of Boynton Beach harmless /2 - 43 - Point Manalapan Development Corporation Reg istered Real E state Broker -2- Mr. Timothy P. Cannon City of Boynton Beach August 3, 1982 in regard to damage that may occur during routine maintenance of the facilities. 2. with regards to the comments by Kevin Hallahan, Urban Forester, it appears to me that all his comments relate to those provisions which are specifically included in your ordinance 81-21, which I am sure you are aware is your Tree Preservation Ordinance. As I am aware of the existence of the ordinance and its appropriate regulations it is certainly our intent to comply with the ordinance at the appropriate time. 3. In regards to the discussion concerning the marking of existing easements on the survey, as I indicated at the meeting this morning our principal problem sterns from the fact that the existence of a Florida Po~er and Light Easement through the eastern 100 or so feet of the P.I.D. is not specifically designated in terms of its exact location in the easement document. Pursuant to the discussion this morning we agreed to locate the structures and facilities as laid out and in place on the survey to facilitate identification as well as pursue our original course of action which was and still is attempting to have Florida Power and Light appropriately identify the easement. I would hope to have this addition to the survey made at the earliest practical date. 4. In regards to your request concerning agreements with the City for completion of the development according to the plan, restrictive covenants, and a Declaration of Condominium, please be advised that we are presently drawing up the necessary documents including Deed Restrictions for the single family residential area and the planned industrial development, together with a Declaration of Condominium for the multi-family area all be tied together by a Property Owners Agreement amongst the several parties. In drafting these documents we shall take cognizance of your request that all development to take place within the bounds of the P.U.D. and the P.I.D. shall be in conformance to and compliance with all appropriate codes of the City of Boynton Beach, together with the terms and conditions as agreed to between us and the City of Boynton Beach limiting the uses in both the P.U.D. and the P.I.D. As I indicated we are hopeful of having these documents completed within the next several days and will certainly fonlard them onto you as soon as they become a~ailable. /3 - 44 - -3- Mr. Timothy P. Cannon _ City of Boynton Beach August 3, 1982 5. In regards to the parking garages, it is our feeling that due to the requirement in the zoning code for a separation wall between an industrial and residential area, it seemed appropriate to get the greatest use out of this particular structure which we possibly could. As it is my understanding that parking would be permitted within the 30' set-back area it seemed appropriate to simp~y improve the parking area from uncovered parking to covered parking by simply constructing a covered facility utilizing the 6' buffering wall as a partial foundational structure. We recognize that this is not in conformance with the existing City codes concerning this item, but certainly solicit your favorable consideration of our request. 6. In regards to statements of coordination with utilities, please be advised that we have forwarded our site plan to Florida Power and Light, Southern Bell Telephone, and Group W Cable TV. Todate we have not received any word from those companies concerning their requirements for easements but certainly intend to fully cooperate as is appropriate in this matter. I trust this adequately resp9nds to those items covered in your letter of July 29, 1982 with its enclosures, my response letter to you, and the items discussed by the Technical Review Board at this mornings meeting, but should you envision any additional problems I would appreciate your contacting me at your earliest convenience. S7tt;/7\~' ~ Kenneth L. ~oves cc: Donald M. Sh~pherd .Earle Megathlin William J. Hyland Winston Lee KLG:grb - 45 - --'---'---'~--- --- -~- -'.'-.--- .---.--- -...---..-"--..-......-..----------.--- .., . " .> MEMORANDUlv, " 4 Cha~r.man and Members, . P1a~ning . and Zoning Board D"'n July 16, 1982 ' "'LI! .~~ Carmen S. Annunziato City Planner SU_J .CT Application for Annexation Land Use Amendment and Rez ing/Point Mana1apan Corpor and William E. Benjamin,II ,.... Introduction The Point Manalapan Corporation and William E. Benjamin,II (Point Manalapan) are proposing to annex into Boynton Beach a 65.8 acre tract of land located in the northeast corner of Miner Road extended and High Ridge. Road (See Exhibit 'AI). The property is currently undeveloped and zoned RS (Single Family Residential) in Palm Beach County. Also, accompanying this request are legal des- criptions prepared by the City Staff which provide for the annex- ation of intervening rights-of-way. In connection with this request for annexation, the owners are proposing that the land be zoned both Planned Unit Development (PUD) and Planned Industrial Development (PID). The PUD proposed provides for the construction of 197 units (45 single- family detached and 152 multi-family) on 40.8 acres. This develop- ment equates with a Land Use Intensity (LUI) of 5 and a gross density of 4.83 units per acre. The'PID consists of 20 industrial lots plus required buffers on 25 acres of land. Both developments are to be served with public utilities and streets. Procedure These applications for annexation, amendment to the future land use element of the Comprehensive Plan and rezoning are being processed consistent with ~tate statutes, a~d.Boynton_ Beach codes, ordinances and resolutions as follows: - - ~ 1. F.S. 163.3161: Local Government Comprehensive Planning Act; 2. F.S. 166.041: Ordinances and 3. F.S. 171.011: traction Act; 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning: 5. Boynton Beach Ordinance #79-24: Adopting the Boynton Beach Comprehensive Plan; and, 6. Boynton Beach Resolution #76-X: Procedures for Annexation. Procedures for Adoption of ResolutionS"; Municipal Annexation or Con- - 46 - .. .f MEMORANDUN-- Chairman and Members, Planning.and Zoning Board DATR July 16, 1982 ~I\,. Carmen S. Annunziato City Planner .U....CT Application for Annexation Land 'Use Amendment and Rezor ing/Point Manalapan Corporat and William E. Benjamin,II - 2 - These procedures have been tabulated for informational purposes and for ease of processing as noted in the attached annexation timetable (See Exhibit 'B'). Paraphrasing the timetable, these requests require review by the City Department Heads, newspaper advertisements, public hearings with the Planning and Zoning Board and the City Council and Council adoption of ordinances to annex, amend the future land use element and rezone. Also included is a consistency review by the Board of County Commissioners. These procedures take approximately three months to complete. Current Land Use and Zoning .The property which is the subject of this annexation request is currently undeveloped and it is zoned RS (Single Family Residential) in Palm Beach County. The land use and zoning of the surrounding-land varies and is presented for your information in the following table: '\0 Direction Jurisdiction Zoning Land Use north Palm Beach County RS Lake Worth Christian School east Palm Beach County NA Seaboard Airline Railroad south Boynton Beach M-l 1 Rollyson Warehou 2 Florida Pneumati 3 vacant/undevelop southwest Palm Beach County RS vacant/undevelo~ west Palm Beach County RS -;-st;t~- single-fa northwest Palm Beach County RS single-family dE tached. - 47 - .f MEMORANDUM-- . <. Chairman and Members, Planning .andZoning Board DAY. July 16, 1982 ~''". Carmen S. Annunziato City Planner .U....CT Application for Annexation, Land Use Amendment and Rezon- ing/Point Manalapan Corporatio: and William E. Benjamin,II - 3 - Future Land Use and Zoning High Ridge Road is an area in transition so far as development is concerned. There are many items which cause an area to change, but the primary causes of change in the High Ridge Road corridor are availability of sewer and water facilities, loca- tion with respect to I-95, the proposed extension of High Ridge Road southward to N.W. 22nd Avenue and the industrialization of the surround- ing area. The Point Manalapan tract lies approximately equidistant between N.W. 22nd Avenue and Hypoluxo Road on the east side of High Ridge, rand as proposed will form the land use break point wherein industrialization will be limited from expanding northward. ' In fact, the purpose of the requested zoning catagories (PUD and PIO) is to provide on-site, sufficient land use controls via the planned dis- tricts to insure that the residential property to the north is care- fully and adequately buffered from the straight industrial zoned lands to the south. This combination of planned zoning districts is con- sistent in concept with the Palm Beach County Comprehensive Plan Policies and thus is consistent with the policies of Boynton Beach. With respect to all of the remaining land in the area, the Palm Beach County Comprehensive Plan Future Land Use Classifcation is Low to Medium Residential which permits a density range of 3 to 8 dwelling units per acre based on availability of infrastructure capacity. There is no. doubt that now that sewer and water facilities are available and with the proposed extension of High Ridge Road south- ward to N.W. 22nd Avenue, the lands in the High Ridge Road-corrid~ will redevelop at a higher density. Based on the information provided above, land use classifi- cations of Industrial and Low Density residential are appropriate and zoning classifications of Planned Industrial Development and Planned unit Development with Land Use Intensity = 5 are recommended. Comprehensive Plan policies There are three policies in the Comprehensive Plan which address annexations as follows: - 48 - . . MEMORANDUM ;) Chairman and Members, Planning and Zoning Board DATIr July 16, 1982 "'LIr ;- "0" Carmen s. Annunziato City Planner SUaJ IrCT Application for Annexation, Land Use Amendment and Rezon- ing/Point Manalapan Corporat: and William E. Benjamin, II - 4 - 1. "Annex only property which is reasonably con- tiguous to present municipal boundaries;" 2. "Annex property only after the preparation of a study evaluating the fiscal benefits of annexa- tion versus the cost of providing service;" and, . 3. "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." In order to determine the consistency of the Point Manalapan annexation request with the Comprehensive Plan policies, each of the three policies will be addressed individually. POlicy 1 "Annex only property which is reasonably contiguous to present municipal boundaries." The Point Manalapan property ~s contiguous on its entire southern boundary (approximately 1450 feet) with present Corporate limits and on its eastern boundary when taking into consideration intervening rights-of-way for a distance of approximately 2600 feet. Policy 2 "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing services." In response to Policy 2, you will find accompanying this memorandum Exhibit 'e' which compares projected ad valorem taxes with required expenditures. Policy 3 "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." As previously stated, the Point Manalapan tract is approx- imately 65.8 acres in size, and because of the availability of public utilities and projected road improvement, will soon exper- ience urban type development. Based on the findings of fact noted in the discussion of the policies as applied to this annexation, it is apparent that the Point Manalapan request is consistent with the Boynton Beach Com- prehensive Plan policies concerning annexation. - 49 - Mt:MUKANIJUM '0 OAT. July 16, 1982 Chairman and Members, Planning and Zoning Board Carmen S. Annunziato City Planner ~ .0" ~'LI .U.~ICT Application for Annexation, Land Use Amendment and Rezon. ing/Point Manalapan Corporat: and William E. Benjamin, II Recommendation - 5 - The Planning Department recommends that the applications submitted by William Benjamin and the Point Manalapan Corporation for annexation and future.land use amendment be approved as re- quested and that the rezonings requested be approved subject to the staff comments which accompany this memorandum as Exhibit '0'. These recommendations' are based on the following: the parcel is contiguous to the corporate limits; the parcel is in the path of urban development; the request is consistent with the Comprehensive Plan policies for annexation; . the land use and zoning catagories requested are consistent with the land use plans and policies of both Palm Beach County and Boynton Beach; the requested annexation and zoning will not impare the surrounding properties in a manner that will in- hibit future development; and, the cost/benefit analysis of this request indicates that the impact of this proposal on municipal staff and programs will be substantial but that the taxes realized will off-set the projected municipal expenses. ..~..... ~- 1 -A- ~ ..it" ~'- - ~ ~_~'INlA,1. ~-'9"''' ~ ..,j. . 1. 2. 3. 4. -.- 5. 6~ CSA:mpc Carmen s. Annunziato City Planner i - 50 - ;. ." "" "r ~ .:...,;...,......:-::.:~- "-:,--: '..-.:_--.:.: :'-';"':,;;~"::..:~-~ ~ .:.> ~..a.~_:'.J."i.:-~_..,~';...-).;',..',:,;'":: '~......::.j,..(~ \~.. ~ .....::; ,......::_:~.....-:.: ~ ~. ;~~j>;',;,~-""'I'. -::-.....10...;.;,. .:--;.':. '~~'_:" ....: " .~ ,'" .; :' '. . 4" ~. -, . ;-'.' .. MEMORANDUM July 26, 1982 TO: Mr. Carmen Annunziato, City Planner RE: Cedar Ridge Estates, P.U.D. and High Ridge Congress Pk.P.I.D. Following are my comments: 1. The water layout in the PUD is such that you have numerous dead end lines which by consultation at this office, with the engineer, could resolve these problems. 2. The sewerage collection system with a gravity line running approximately 800' in-between buildings and in grassed and landscaped recreation areas will present a very serious maintenance problem for the City. The reason being that to get sewer cleaning equipment into this area, would be almost impossible unless there was an actual road built through this area and I do not believe the planners would consider such an intrusion on the open area. Again, this requires some discussion with the engineers to re- solve the problems inherent in their design. We are returning the set of plans with this memo. -, / ,/ I \ -------- _t. 'y -~-~ I /l , '- v , , Il. ,! l- C.l J " '( to L ..... " Perry A. Cessna, Director of UUlities apt Attachments: "set of plans" ~). , ~/ \ ---//</' ( ) , . _/ ~ v.1-1 ~~-.i. ~ " , ~' . (' / .~~ -;--7;;.(7- '., ',/:;;- c./:/''; ~ L.<-_____~ / \ . /./ ---;-. ---:-~ Time / /~ 'os Z. - 51 - MEMORANDUN- TO Carmen Annunziato City Planner DATI!' June 24, 1982 FILr: Kevin Hallahan Urban Forester ~UeJECT Point Manalapan property I have inspected the tract of land designated above, making note of the area which was once a Mango orchard. The Trees, planted at a fourteen foot (14') by fourteen foot (14') spacing, are in healthy condition, but not producing any fruit at this time. It appears that this orchard has not been managed for quite a few years. In accordance with the Tree Preservation ordinance (#81-21) the developer should be aware of his responsibilities in the following: section 7-A-5: obtain a tree permit from the building department, section 7-A-7d: provide a tree survey of the Mango area, section 7-A-12,13: work to remove as few trees as possbible and replace all trees which have to be removed as part of the con- struction of roads and structures. If you have any additional questions or need more information, let me know. I will also work with the developer in preserving the trees where possible. KHimpC - 52 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Chairman Ryder asked if anyone else wished to speak in favor of the proposed application. Chairman Ryder said the opposition would be considered. He requested them to please be brief. A woman in the audience remarked, "You gave that other gentleman plenty of time." Chairman Ryder thought the opposition was being allowed plenty of opportunity to speak. He asked them to bear in mind that they are not taxpayers or residents of Boynton Beach and to please keep that in mind. with reference to the bible of the County's plan which was enacted after this "sin" occurred back in 1972, Mr. John Hess, 7075 High Ridge Road, asked the Members to bear that in mind. He went to the map. Under the PID zoning regulations, Mr. Hess said the 20 parcels of land which are possibly going to be annexed into the City of Boynton Beach are permitted under that regulation 17,000 square feet per parcel. It is a total of 340,000 square feet of buildings. Mr. Hess asked the Members to bear in mind that 1/3rd the size of the Palm Beach Mall and said that is what you are going to have go up and down High Ridge Road. Mr" Hess asked Mr. Grove.s about seven or eight weeks ago about a compromise situation Mr. Groves could live with, the City could live with, and the people on High Ridge Road could live with. Mr. Hess noted that no one has mentioned that, and Mr. Groves has not come back to him as far as his suggestion. Mr. Hess told the Board it would be a solution for everyone. To go ahead and let Mr. Groves take his annexation and go ahead, the people would have no problems, Mr. Hess advised. He said they think it is wonderful. Mr. Hess informed the Members of the Board that the property owners thought the development would not only enhance their property but it is a wonderful situation. He continued by saying, "This does bother us and obviously the traffic coming from the south bothers us a lot." Mr. Hess pointed to the plan and said, "Either take this portion and take this little cul-de-sac and bring it down and have all this industrial traffic go south and pass the hiatus. We can live with that!" Chairman Ryder did not understand what Mr. Hess wanted. Mr. Hess said the plan was turned upside down. He showed the part bordering the industrial park, which was created in 1972. He said the City wants access and egress for all Boynton residents into an industrial park easy for the Boynton people, the fire protection and police protection. Mr. Hess emphasized that they do want the hiatus to stop the situation that the City developed back then. He acknowledged that the Members themselves were not responsible but said their predecessors were responsible. Mr. Hess suggested to Mr. Groves that he take the cul-de-sac and create a road going past the hiatus and direct all of his traffic of the industrial complex that he wants to build to the south. Mr. Hess said they accept the residential area as far - 53 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 as traffic. Mr. Hess commented, "It would be great." Mr. Hess, speaking for the South High Ridge Road Property Owners Association, asked the Members of the Planning and Zoning Board to go ahead and support the hiatus idea. He told the Members it would solve their problem, it would solve Mr. Groves' problem, and it would solve the Property Owners' problem. He noted that Chairman Ryder objected, as far as the safety situation of getting to the City's residential taxpayers. Mr. Hess said this would solve the whole thing right away. Mr. Hess said the Board could only accept this idea if theystpport the hiatus and ask Mr. Groves to go ahead and attach it. Mr. Hess wanted Mr. Groves to go down to a point he designated on the plan, past the hiatus. To take the industrial trafficsJuth, Mr. Groves pointed out that the City could get to the industrial area both from the south and also from the west because Miner Road has been dedicated. Naturally, Mr. Groves said the City would come from the south, as it would be easier for them. He said the emergency equipment would come up 22nd Street and right over to it; the police force would get to it very quickly. Chairman Ryder asked Mr. Annunziato if he saw how that goes through. Mr. Annunziato thought the issue of connecting a road with the cul-de-sac is not really the concept Mr. Hess is talking about. Mr. Annunziato thought Mr. Hess was talking about creating some sort of hiatus between the PID and the PUD on High Ridge Road. Mr. Hess agreed that was correct. "In other words, Mr. Hess continued, do this. Have all of your PID people corne from the south. " Chairman Ryder asked, "Wouldn't they corne any way. II Mr. Hess exclaimed, "No. They won't corne any way: Of course they won't. II Chairman Ryder questioned, "Why won't they, if we open up -" "If the road is opened up, it will protect the force of least resistance," Mr. Hess replied. He said if they are corning from the north, they are going to corne down High Ridge Road. With 700 cars coming down to park there plus the industrial traffic, Mr. Hess told Members of the Board they were taking down the least resistance. Mr. Hess continued by telling the Members, "You take this thing from the south. You hiatus it. You have to go ahead and put a road in here to connect this road of 3/l0ths of a mile. That's all you're going to need. We're one mile of residential. 3/l0ths of a mile to 22nd Street is all he needs, and just have industrial traffic on the south, which will.l give your immediate access and quickest access. Probably the most used access will be from the south, not the north." - Mr. Hess implored the Board to reinforce the County Commission's vote in 1972 and also 1982, as of JUne 29th, as far as agreeing to solving a terrible thing that happened. Chairman Ryder asked Mr. Groves what he had to say about that. - 54 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Kenneth L. Groves, Point Manalapan Development Corporation, guessed he did not make himself clear when Mr. Hess made this suggestion some time ago, as he said it frankly was impractical for two reasons. One reason was that Mr. Hess is considering the fact that somebody is going to construct Miner Road between the Seaboard Railroad and High Ridge Road and that, frankly, is not going to happen unless Mr. Groves builds it. Mr. Groves said it simply makes no economic sense to build a $300,000 road when he has one that is perfectly good serving the site right now. The second problem with Mr. Hess' concept is, of course, that Mr. Groves was proposing that the residents of the PUD would be residents of the City of Boynton Beach also. Using Mr. Hess' particular concept, Mr. Groves said the City again would have the problem of getting additional services to property within the City of Boynton Beach by having to go around Seacrest, Hypoluxo Road, and south on High Ridge Road. Mr. Groves thought the concept of attempting to create a hiatus between industrial and residential for the sake of limiting traffic is certainly a decision which a Judge should make. Some- thing Mr. Hess apparently is unaware of, Mr. Groves pointed out, is that the County Commission on June 29th voted to reconsider its original decision to create a hiatus there, at Mr. Groves' request. To date, Mr. Groves said they have not affirmed or denied what they have done during workshop meetings sometime before then. As he said, as far as his zoning discussions are concerned, as far as his annexation discussions are concerned, Mr. Groves informed the Members that they were desirous of being annexed into the City of Boynton Beach and he thought their zoning was consistent with Boynton Beach or the County, whichever area it goes into. Mr. Groves thought the High Ridge Road question was something which is yet to be answered and when the powers to be answer that question, Mr. Groves said in their traffic impact statement they have indicated considering it two ways. One way is with the hiatus and one is without. Mr. Groves said they are prepared to live with a hiatus or without a hiatus. When that decision is made, Mr. Groves thought that would be the appropriate time to consider whether or not their plan is suitable in considera- tion of the fact that there will or will not be a hiatus. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder advised that there are other PIDs in the City, and a large one is finally getting under way. He said they had hear- ings on that, and it is adjacent to a residential area. As he said before, Chairman Ryder reiterated that there is no resemblance to what you can do in an M-I district, which is what is there now. Chairman Ryder informed everyone that the other PID he referred to was finally accepted by the people in the area. Chairman Ryder felt the Members of the Board had to be concerned with what is good for Boynton Beach. Mrs. Bond made a motion that the Land Use Amendment and Rezoning request of William E. Benjamin, II and Point Manalapan Development - 55 -