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REVIEW COMMENTS MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 1, Proposed Ordinance No, 097-54 Re: Amending the future land use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional for Cedar Ridge PUD and High Ridge Commerce Park PID, a 6.37 acre parcel Attorney Cherof read Proposed Ordinance No. 097-54 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve Proposed Ordinance No, 097-54. Vice Mayor Titcomb seconded the motion, City Clerk Sue Kruse polled the vote, The vote was unanimous, 2, Proposed Ordinance No. 097-55 Re: Amending Ordinance 91-70 to rezone a certain 6,37-acre tract of land from PUD (Planned Unit Development) to R-1AA (Single-Family Residential) on the northeast portion of the original plat of Cedar Ridge and amending the revised zoning map accordingly Attorney Cheraf read Proposed Ordinance No. 097-55 by title only, MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No, 097-55. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. 3, Proposed Ordinance No. 097-56 Re: Amending Chapter 24 "Taxicabs", by deleting sections 24-12, 24-14, and 24-15 in their entirety, reserving said sections; amending section 24-13, requiring the submittal of driving and criminal records of taxicab drivers and requiring vehicle inspections Attorney Cherof read Proposed Ordinance No. 097-56 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No, 097-56. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 B. Ordinances - 1 sl Reading Motion Commissioner Tiliman moved to remove Items B.1 and B.2 from the table. Commissioner Bradley seconded the motion that carried 5-0. 1. Proposed Ordinance No. 097-52 Re: Submitting to referendum an amendment of the City Charter abolishing the Civil Service system for all new personnel hired after March 30, 1998; providing for form of question to be presented at the referendum election, providing for title language and explanatory language for advertisement of said referendum election to be published in accordance with the Code of Ordinances, the Charter of the City of Boynton Beach and the State of Florida Election Code, and providing for submission of amendments to the Department of State (TABLED FROM 12/02 CITY COMMISSION MEETING) Attorney Cherof read Proposed Ordinance No, 097-52 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-52. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous. In response to Commissioner Bradley, Attorney Cherof advised that the Personnel Policy Manual would be completed for Commission review by the second reading of this Ordinance. 2. Proposed Ordinance No, 097-53 Re: Submitting to referendum an amendment to the City Charter by deleting Sections 72.4, 72,5, 72,6, 72.7,72,8, and 72,12 in their entirety, thereby sunsetting the Civil Service Board. and directing the City Commission to provide an ordinance providing for an administrative procedure for the processing of grievances (TABLED FROM 12/16 CITY COMMISSION MEETING) Attorney Cherof read Proposed Ordinance No, 097-53 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-53, Commissioner Jaskiewicz seconded the motion, Commissioner Bradley recalled discussion about supplementing the word "abolish" for the word "sunsetting" , Mayor Taylor said there was a request by a citizen to change the Ordinance to say "abolish civil service" instead of sunsetting it. That request was with respect to Proposed Ordinance No. 097 -52, City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Bradley dissented.) 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Attorney Cherof advised that the Commission will be provided with a revised Section 5 simplifying the ballot language that will eliminate the first and third paragraphs currently shown. This change will be made before second reading. 3. Proposed Ordinance No. 098-01 Re: Rescinding, in its entirety, Ordinance No, 097-40 which submitted to referendum an amendment of the Charter to delete in its entirety Article IV-A entitled Merit System for Personnel and which was passed on August 5,1997 Attorney Cherof read Proposed Ordinance No, 098-01 by title only, Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No, 098-01, Commissioner Tillman seconded the motion. Commissioner Jaskiewicz requested clarification regarding why Ordinance No, 097-40 is being rescinded, Attorney Cherof explained that we will be providing an alternative question which leaves the Civil Service System in tact for current employees. Ordinance No, 097-40 was the original Ordinance that deleted it for everyone. City Clerk Sue Kruse polled the vote, The vote was unanimous, 4, Proposed Ordinance No, 098-02 Re: Amending Chapter 18, Section 18-82(2) of Ordinance No. 96-04 regarding repayment of withdrawn contributions following reemployment by the City Attorney Cherof read Proposed Ordinance No, 098-02 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No, 098-02. Commissioner Tillman seconded the motion. Attorney Cherof advised that there is a one-year limit for the repayment of withdrawn contributions. City Clerk Sue Kruse polled the vote. The vote was unanimous: 5. Proposed Ordinance No. 098-03 Re: Amending Chapter 21 of the Land Development Regulations, Signs, by amending Article II, "Variances/Exemptions and Prohibitions", Section 3,H. Attorney Cherof read Proposed Ordinance No, 098-03 by title only. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098-03. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. S, Proposed Ordinance No, 098-04 Re: Amending Chapter 1 of the Land Development Regulations, Article II Definitions, providing for revision to the definition of roof sign and the creation of a definition of parapet sign Attorney Cherof read Proposed Ordinance No, 098-04 by title only, Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-04. Commissioner Tillman seconded the motion, City Clerk Sue Kruse polled the vote. Tho vote was unanimous, C. Resolutions: 1, Proposed Resolution No. R98-0S Re: Development Projects Design Award Recognition Program Attorney Cherof read Proposed Resolution No. R98-0S by title only. Motion Commissioner Bradley moved to approve Proposed Resolution R98-06. Commissioner Jaskiewicz seconded the motion that carried unanimously. 2. Proposed Resolution No, R98-07 Re: Authorizing and directing the Mayor and City Clerk to execute an addendum to the lease agreement between the City of Boynton Beach, Florida, and Kenneth Welch for the Lease of the Bait Shop at Boat Club Park, consenting to assignment of the lease from Kenneth Welch to Tim and Monica Barranco Attorney Cherof read Proposed Resolution No. R98-07 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution R98-07, Commissioner Bradley seconded the motion that carried unanimously. D, Other: 1. Finalize Ballot Questions 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6,1998 Attorney Cherof advised that because of the deadlines imposed by the Supervisor of Elections and requirements for advertising, the next meeting will be the last opportunity to make any changes to the ballot questions, There has been a suggestion that the ballot question that deals with the terms of office be changed to state that the terms of office of an elected officer would not be limited, as opposed to stating "would be unlimited". Commissioner Jaskiewicz requested that the last sentence become the first sentence of the paragraph. It would read as follows: "The length of each term would remain the same - two years. The number of terms an elected officer could hold would not be limited." The Supervisor of Elections' deadline is February 13th. There is a requirement that the language be published five weeks before the election (the week that ends on Friday, February 6th). First reading will be on January 20th, and second reading will be on February 3rd, We will meet both deadlines. However, that is the last opportunity we will have. XII. UNFINISHED BUSINESS: A. Report on Speed Humps - Larry Roberts - Public Works Director This item was addressed under Item V-City Manager's Report. XIII. OTHER: Vice Mayor Titcomb requested that we explore the issue of the City retaining or gaining capability for traffic engineering in-house. City Manager Willis advised that she is adding an element in the reorganization plan. That plan will be presented at the January 20th City Commission meeting. XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:30 p.m. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ATTEST: ~...~ ~n""'j Ci Clerk ~ >it. p~ uty City Clerk ive Tapes) j:\shrdata\cc\wplminutes\comm\0106.doc 1/12/988:25 AM JANUARY 6,1998 CITY OF BOYNTON BEACH . "'\ JLd;;y ~(}-...l_~,c J C"ommissi ner " 27 ommissioner ~~~~ Commissioner ~ \ -, < ...'\.\;\.\ '\ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-177 TO: Mike Pawelczyk Assistant City Attorney Tambri J. Heyden, AIC~fl Planning and Zoning Direcfur FROM: DATE: April 23, 1997 SUBJECT: High Ridge Commerce Park PID Buffer Easement Abandonment (#95-010) - Preparation of Resolution Using the attached excerpts from the project file, please prepare a resolution for the above-referenced request, which is to be scheduled for City Commission consideration on May 6, 1997. This resolution is needed to abandon an existing buffer easement located within the High Ridge Commerce Park PID, adjacent to the right-of-way of Miner Road. This first went to the Commission as a public hearing on December 19, 1995 and was approved with conditions. The conditions have now been satisfied and the request is therefore now ready for resolution adoption. The easement to be abandoned is identified by the following legal description: "Buffer easement encumbering the south 25' of lots 15, 16, 17, and 18 of Block 2, of Cedar Ridge, A P. U.D. & High Ridge Commerce Park, a P.I.D., according to the plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 46, page 58. " There is however, one oddity to this resolution. The resolution also needs to reserve, in place of the easement to be abandoned, a new 25 foot wide buffer easement in the following location and having the following legal description: "A 25 foot wide buffer easement encumbering the south 25' of Tract 8-2 of Cedar Ridge, a P. UD, & High Ridge Commerce Park, a P.I.D., according to the Plat thereof recorded in the office of the Clerk of the Circuit Court in andfor Palm Beach County, Florida, in Plat Book 46, page 58." Lastly, the easement shall be dedicated to the High Ridge Commerce Park Association, Inc, If you have any questions, or need additional information, please contact Mike Rumpf at ext. 6263. TJH :mr Enclosures S:\Planning\SHARED\WP\PROJECTS\Miner Rd Aban (9S-00S)\reque reso.doc PLA1ilNntCJ um ZOHI1fQ DIPAJt'1'llD1'1' MEMORARDtJII NO. 95 - 647 TO: Chairman and Members Planning and Development Board 'I.unbri J. Heyden 'ry.~ Planning and Zoning Director December a, 1995 nOM : DATI: StnlJlCT: High Ridge Commerce Park PIn b~ffer easement abandonment File No. ABAN 95-010 NAT17U: OF UQt1EST Richard Harris, agent for Condor Investments of Palm Beach County, :.s requesting abandonment of a 25 foot wide buffer easement locaci!d on property owned by Condor Investments. The easement is l~cated along the south perimeter of lots 15, 16, 17 and 18 of the High aidge Commerce Park prD. The :ots are approximately 300 feet east of High Ridge Road and the south property line of the lots abuts the ~orth r:.ght-of-way line of the undeveloped po~tio~ of Miner Road between High R:..o.ga Road and 1-95, The attached Ex!",ibit "A" is a :ccation map which showB the buf:er e.sement :n re:a~ionship to the lots and the Mi:'l.~r Road right-of-way. :'he attache~ Exhibit "B" is a legal ~escription and survey of the ea9~ment requested to be abandoned, The. subject easement is identified on the survey as Parcel 4. BACl:GROONn '!'he 25 foot wide buffer euement was dedicated to the City of Boynton aeach by r~cordation of the 1983 plat of Cedar Ridge PUD and High Ridge Commerce Park PIn. It 15 anticipated that the purpose of the dedication ~las to envelop the 2S foot wide peripheral greenbelt that is required alo~g the per~meter of the PIO. ANALYUS Th-e requested abamionment has been Bubmitt:ed in crder to allow expansion of Waste Management's solid waste facilities across Miner Read and further north into lots lS, 16. 17 and 18 of the High Ridge Co:nmel"Ce Park PID. Exhibit "C' illustrates th.e location of the proposed easement abandonment in relationship ~~ the exis~ing Waste Management site and the area of the proposed expansion. The applicant is concurrently recr~esting two additional abanaonments to be considered separately; abar.dor~ent of the Miner Road right-of- way and an associaced access control easement. The site plan for tne proposed Was~e ~~agement expansion is also scheduled to be ~onside~ed at the December 12, 1995 Soard ~eeting. I~ addition, Waste Management is requesting a Soard o~ ~d:ustment variance (File No. SOAV ~5-013, =a.e 1212) to eliminate the require~ent of the 25 foot wide peripheral greenbelt. The variance is sc~eduled for the ~ecember ~a, 1995 Soard of Adjustment meeting. The applicant. Iii reasons for filing this abandonment. and the grounds that support the request are included in t~e a~tach.d Exhibit "D". The ci~y departments involved in review of a reques: for abandonment and the utility companies noci~ied of the request are identified below, .. well as their respc~ses. Publ~c noti~e is given :0 ~he property owners that abut :he easement to be abandoned. At the :1me of ~he writing of this repor~, ~c response from the aou~ting property owners had been =eceived. J l?age 2 Memorandum #95-647 .ulAN 95-010 CITY rlEFARTMENTS Engineering No object.ion TJtHities No objection (see recomrnenda~1on below) Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light No objee:tion Souttern Bell No objection (see recommendation below) ~lorida Gas Company Cable company iComcast) No objection aBCOHKIRDATIOllf Staff recommends approval of the abandonment of the buffer easement subject to the following conditions being rectified prior to a resolution for ~ancior.ment being presented to the City Commission: 1. The M~ner Road right.-of-way abandonment i~ approved. L The Board of Adjustment request (Case #212) is granted, thereby no lO::lger requiring the 25 foot wide pe:,ipheral greenbelt. The applicant shall ahow compliance with conditions of abandonment required by Florida Gas. .,,\3. .... TJH:dlm Attachl!:ent.s xc: Cent.ral File . , :.l;IUI'UlI._ ~ 'Wu..... - . I I , t ~ I =lEe .)\j .,...... ~ \ '\; } ~'" - 1-. AA; '.OCATION MAP .' LAfill'lSCAPE BUFFER EA'Sr 4ENT ~AB~NDONME~: ."I~~' . ,II rr:--':a~ . .~', II II . _ ,( ~. I l...l~ ~~~ + ~. I I I \ It.. fa.... .. III I IT : r -.I L", pc ~. t r '. r :i; '- - ~ ,,.. -1 ......../ ~ ~ v Y' . -- Ij''''- ~"; !_B~l I .~~~t-. ~JI3~' - L ~ nIT R 'f: : :lllli" 3 :r. T'l n:' " . . I!' ,I. ~ '.1- - - 1 . D ," }In , , ~ ~ : ~'- - nlL., t' , ft - ,-, 'y~ :: ill Ii v' '! . ~).,~: #! "T,I i!t~ ('" ',1'" fB I [ ~ JfH 1ID11 ~~ y.. rrr:, I "-If- I T fi" ~ - /-~- NC-t L.JJ t;,:~;:', D L ~ 7fl' f CI~V sr\rrr~~ Wii~~b I .~F f "I \ -=l~:;:r~, 1,!1 ~,~ "llIh- 111 ',!\ .;:..1 j~(\ ~ _ _ ^ ~~~). I 1:/1:, . g, .~ \~i~ - I ;(,)..~ II I, ~ -, ~ ""r1'; '--' j- ) L\ .~ ,;)!~. ,- J \ '~r\jL 'j > I .............,-- L'l1l ' _ ..7C:I:/.[. (r<)~ ( :; ,I ~ i:3" ~~ \\.:t~?' 1//"-- --' \t;J D J _ t. + iL t -: :?~~ \" ~~N 1/ ~:. ...P.C j !II 0 O.8QO FEET ~r: IZ-<l~ : . IYNT ,..;.. _ _ H_ If I / II . ~ . -....c ( ';-,.;=;.. ...:.....'u'''"PRLn:'' 7 r~/j~ fl/. ,_ ...'. ~'T'l ~ m 'I...KT HHt I ..ff 'TF .,,~~ '1 / . " ''AI I t\ ..~T : 1: h I=IJ it :! tl - \ . \' - I .::= - .. R1AA 1,'\ '\,. /1'\, .. ,T; · ,,,,' -'1~. ~L.1l · g~':1'~' . AR RtJij: : STAT~ W ~~~ ,-- )eo - - ---- -~- .~ --...' ~PPLICATION TO ABAND9~/VACATE -, BOYNTON BEACH PUNNINQ DIP"RTHENT A,.LICATIOH INFORMATION FORM NOTlh TbLa focm mu.t be filled out cOMpletely and accurat.ly and NUlt agcompany all ~Pllc.tlon. .ubmltt.d to the Ilannift9 Depactment. ( 1'1. (3) aaDie. ot application an l"eQuil'ed.) e.lu'e~ a.~Sl!Me:t...r [p-tRC.Cl. It) PROJIC'1" NAHlr CllDAlt RIDGI, A l.U.D., AIm HlGB RIDGE COtlMlRCE PAU. A P.1.D, AGENT I S NAME I J. lICH.\R!l HAllIS, ESQUIRE SCOTT. ROYCE. IIARRlS. BRYAN, BARRA' J01CnrSEN, P,A. AGENT'S ADDRESSI 4400 PCA 1l0ULEVAlUl. SUITE BOO. PAUl BEACH GtINS.. F{. 3341D AGENT'S PHONE, (407) 624-3900 - FAX (407) 624-3533 OWNER'S NAM!; CONDOR INVESTMENtS 0' PAUl: BEACH COUNtt. INC. (or Trustee'.l OWNER'S ADDRESS I CIO JAHtS VAHDEIlJiOUI)! 430 NORTH "G" STIUlET. LAXl WORD, ll'LOlIDA 33460 OWNBR'S PHONKI (407) 588-3854 - PAX (407) 585-5574 PROJECT LOCATION I UST OF HIGH RIDGE ROAD Wlst OF THE SEABOARD IlAl1.ROAD (not l,qal d..criptlonl AND SOUTH OF GAtEWAY BOL'LIVAJU> cOaR&S~DBHCI: 'ADDRESSI- UHI (if d1fferent than agent or owner) · Tbi. 1. the addre.. to whlob all avenda., letter. and other material. will be forwarded. If' -.; " ( . . ;11- 1-95 ; J:mlt : BCYl\t~~~;,n t.~ _4~~ ..5.~4...mr~. J ,~ '-' """"" I ~ l~ h II \ kill i ! JU...... - .~ ,1' !~l_~ .. tt' ..,' ~') 'jj) APPLICATION 'to AIlNDONlVACATI .-.....- ......... . The unde~.ign", ,ur8Uant ~o ardLbanoe NO. '.-37 0' the C!,.? ot 10mlOR ."Oh, rlorid', h.~.br .,p11,. to the C1\v Commi'.1~n '0 ya.a'" ab.~", And dUGaat1a.., th., loblak OM" I ) ALtft r J 'fRUt IIIII! "lDorar. nAfOlI IUDIarI , OfHD )lCIQ'II %Jf'l'UII'r or ftl eIn .. d..c~1b.d in attaobl" IxbJ.bU "AM. aacl to renounce and dll- olai. Iny r1gbt of the City and tb, publia in and to any land in aDnn~otlon tblrewitb. . I.t~ .pplio.'lon 18 to be '11.. w&'h tbl ,lannin, DIp..'.,,,' Lft '_ipli.a,. and .,plioation. involvinl ~~I than Ofta of the lbOV. l11ta4 nODfe. lnter.lt. .hall b. tiled ..para'11V. laah Ippli- cation 10 filed .ball be oGDplate 1n ,y'~v ~'lp'CC. ~. Uft4e~119n.d bareby .llt1fy. 1. Thlt a co.plate an4 'Goura'. 1.,a1 ..eo~Lp~lon with the .p.cl~io property iQt.r,,~ IOUlbt to be vaoated O~ abandoned, in- clUding whir. pOI.lble . plat map or d~&wln9 Ihowin9 thl ventral .rea aM locaUOD 1nvQlv'd. 1. .at fortb in IXhlbtt "A" atueh_cl hare to. 2. That th, title or 1nt.rlat of tbe City and the public in and to the .ptaitLe proplrty int.r.at d"crib" above WI' Icquir.cl end 1. evideaoed by, (oback au). ( 'DUD 1 uu) DIDICAt%Olf ) flBSCl1HIOH lIecord.4 11l OfU.~la1 I. corel. look U73 , '.;1 1349, and' JubUo alooR. of ,iliD a.ach countV. rloddi; ""PUS' lOOK. '47."fAClIS lDO~IOJ 3. !bat no .t.11a~ .pplioatioft baa b..n Gon.id.~.d by the C1tI at any t~. within .Lx (') aontb. ot tbl data hetlof, .nd Ihou 4 th1. applloatlon be granted, '~cb abandonmen' a~ vacatlon will ,revent no otb.r property owner. !r~ 100'" to .nd from thelt proPlrty Ind no ot~ar property awn.ra ift th. ulotDity w111 ba .dv.~..ly eff.ated. .. . That thl abave d..odbed propertv 1fttlzan b Uftdtr the con~Gl and ~url.41at1Qn o~ tbe City commi..ion af the eLtv gt Polnton "'0&, r1or14a. 1. DOt . plrt Of anI .tat. o~ ~.4.~al hiihwaI 'I't.., an4 wa. Rat aoquired or ded aatl4 ta~ Itata or ~.4ua b vb".., purpO....: I. !hIt the followin, oool\ltut"'1 Gampll" and acoufate ,cbe4ul. of 111 owner. and aODup.nt. bounding an4 abuttlnl tt.. proPlrty Lntere.t d.ea.1b1d abov.. UAHI COMPOl IIVII'DIIItS or p.we IIAClt coum. tIC. ADDRII. c/o J.&HU VAJIIIJR\oIOUDI ")0 lOan ~G" I'l'ItEr. un VOlta. n. n4lO. __ I" I I VI. PUBLIC HEARING F PLANNING AND ZONING DEPAR1 MEMORANDUM NO. 95-714 cc: Plan, Dev, Util Agenda Memorandum for December 19, 1995 City Commission Meeting TO: Carrie Parker City Manager Tambri J. Heyden 79~.L Planning and Zoning Director FROM: DATE: December 14, 1995 SUBJECT: Cedar Ridge PUD and High Ridge Commerce Park PID - ABAN #95-010 (buffer easement) Please place the above-referenced request under Public Hearings for the December 19, 1995 City Commission agenda. DESCRIPTION: The above request, submitted by Richard Harris, agent for Condor Investments of Palm Beach County, requests abandonment of a 25 foot wide buffer easement (for installation of a required PID peripheral greenbelt) located along the south perimeter of lots 15, 16, 17 and 18 of the High Ridge Commerce Park PID. The requested abandonment has been submitted in order to--v--v " [) allow a northerly expansion of Waste Management's s' s e;l-A'1 j, facilities on Industrial Way. A variance equested by Waste ~ .,yv Management to, eliminate the requirement of the 25 foot wide..jJ0 v peripheral greenbelt is scheduled for the December 18, 1995 Board of Adjustment meeting. Please see attached Planning and Zoning Department Memo No. 95-647 for further details. RECOMMENDATION: The Planning and Development Board, with a 7-0 vote, recommended approval subject to the following conditions being rectified prior to a resolution for abandonment being presented to the City Commission: 1. The Miner Road right-of-way abandonment is approved. 2. The Board of Adjustment request (Case #212) is granted, thereby no longer requiring the 25 foot wide peripheral greenbelt. 3. The applicant shall show complian~~h.conditions of abandonment required by Florida Gas. TJH:dim xc: Central File a : CCAgABND . CED ~ .., PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-647 TO: Chairman and Members Planning and Development Board Tambri J. Heyden ry-.tJ Planning and Zoning Director FROM: DATE: December 8, 1995 SUBJECT: High Ridge Commerce Park PIO buffer easement abandonment File No. ABAN 95-010 NATURE OF REQUEST Richard Harris, agent for Condor Investments of Palm Beach County, is requesting abandonment of a 25 foot wide buffer easement located on property owned by Condor Investments. The easement is located along the south perimeter of lots 15, 16, 17 and 18 of the High Ridge Commerce Park PIO. The lots are approximately 300 feet east of High Ridge Road and the south property line of the lots abuts the north right-of-way line of the undeveloped portion of Miner Road between High Ridge Road and 1-95. The attached Exhibit "A" is a location map which shows the buffer easement in relationship to the lots and the Miner Road right-of-way. The attached Exhibit "B" is a legal description and survey of the easement requested to be abandoned. The. subject easement is identified on the survey as Parcel 4. BACltGROUND The 25 foot wide buffer easement was dedicated to the City of Boynton Beach by recordation of the 1983 plat of Cedar Ridge PUD and High Ridge Commerce Park PIO. It is anticipated that the purpose of the dedication was to envelop the 25 foot wide peripheral greenbelt that is required along the perimeter of the PIO. ANALYSIS The requested abandonment has been submitted in order to allow expansion of Waste Management's solid waste facilities across Miner Road and further north into lots 15, 16, 17 and ~8 of the High Ridge Commerce Park PIO. Exhibit "C" illustriiEeS the location of the proposed easement abandonment in relationship to the existing Waste Management site and the area of the proposed expansion. The applicant is concurrently requesting two additional abandonments to be considered separately; abandonment of the Miner Road right-of- way and an associated access control easement. The site plan for the proposed Waste Management expansion is also scheduled to be considered at the December 12, 1995 Board meeting. In addition, Waste Management is requesting a Board of Adjustment variance (File No. BOAV 95-013, case #212) to eliminate the requirement of the 25 foot wide peripheral greenbelt. The variance is scheduled for the December 18, 1995 Board of Adjustment meeting. The applicant's'reasons for filing this abandonment and the grounds that support the request are included in the attached Exhibit "D". The city departments involved in review of a request for abandonment and the utility companies notified of the request are identified below, as well as their responses~ Public notice is given to the property owners that abut the easement to be abandoned. At the time of the writing of this report, no response from the abutting property owners had been received. / Page 2 Memorandum #95-647 ABAN 95-010 CITY DEPARTMENTS Engineering No objection Utilities No objection Planning and Zoning (see recommendation below) PUBLIC UTILITY COMPANIES Florida Power and Light No objection Southern Bell No objection Florida Gas Company (see recommendation below) Cable Company (Comcast) NO objection RECOMMENDATION Staff recommends approval of the abandonment of the buffer easement subject to the following conditions being rectified prior to a resolution for abandonment being presented to the City Commission: 1. The M~ner Road right-of-way abandonment is approved. 2. The Board of Adjustment request (Case #212) is granted, thereby no longer requiring the 25 foot wide peripheral greenbelt. 3. The applicant shall show compliance with conditions of abandonment required by Florida Gas. TJH:dim Attachments xc: Central File a : LSBUFABN . 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"J. .1 .. 2 -------- " -~ _~_____ -- I ~...,.#6 ..4. . -- -:-.. .. .. .. . ,. . . . . ... - ; . . , I ; ~ --- -J - _1 , :5 ~ I'" .. .1" <<,.= .it! a;,e - I I J I 111111 Jr' 1I..Wt I.d II II ! : .... - , s ... .. . s . .. .. . J ' .. . ; III . ._........~.--........ - i = .:=:.:.-n- -_..~\ . I ~='::-:~. ~- .-=~- - .:-- ..~~ ..: J ....... - it ,. , . I :- ..... L _ _1_.._.1 ~ --.., - ------ I I c Iii'. \6' . ........-. :.:.=-- ---..... --. ..." .", E1tgJ:BJ:'t II D II ~~-~ -1 . , I .t " .~ APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE. Thi. form must be filled out completely and accurately and must accompany all applications .ubmitt.~ to the Plannin; Department. (Thr..ll) CaDi.. of application are required.) Buffaf\ &~.seMe:NT [P~RC.~l.lr) PROJECT N>>tBI CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COMMERCE PARK. A P. AGENT'S N>>tB I J. RICHARD HARB.IS. ESQUIB.E SCOTT. ROYCE, HARRIS. BRYAN, BARRA & JORGENSEN. P.A. AGENT'S ADDRBSSI 4400 PGA BOULEVARD. SUITE 800. PALM BEACH GDNS.. FL 3341 AGENT'S PHONlh (407) 624-3900 - FAX (407) 624-3533 CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC. OWNER'S NAME I (or Trustee's) OWNER' S ADDRBSS I c/O JAMES VANDERWOUDE 430 NORTH "G" STREET, LAKE WORTH, FLORIDA 33460 OWNER'S PHONBI (407) 588-3854 - FAX (407) 585-5574 PROJECT LOCATION. EAST OF HIGH RIDGE ROAD WEST or THE SEABOARD RAILROAD (~ legal descript1on) AND SOUTH OF GATEWAY BOULEVARD CORRESPONDENCB 'ADDRESS.* S~ (if different than agent or owner) * This is the address to which all agend.., letters and other materials will be forwarded. / i" , lj / . . I . I I . . ;11- 1-95 3:4~~M Bo y n t ~"-. _~_~.n rax~ -"" . 4UI o,~ ~~~~.. ~ , ......! -~~ .' , -;- ~-~ lli ~ lr" I.. II \, Ii: I (: i; ,--- "'". .~. I! I I I '.. -.. .., .., . APPLICATION TO AB~DON/VACATE . . ,,', ..' I 'ill ")./ .,_ _" 0- __ ____ . . ~h. unde~.1gned, pu~.uant to Ordinanc. NO. "-a7 0' the C!p.Y of .o~ntoft ...oh, rlo~1d.r hereby app11.. to eh. City Commi.a1on co v.o.te, abandon, .nd d~.aontinue th., (check on.', ( ) t I (l1li J ( ) ALLEY STREET ".CIAL .U..O.. IA'IH&N~ OTHIK NaN'll INTEl liT or THI CITY .. de.oribed 1n attaobed Ixhibit "A", and to E'enounc:e and dil- claim any ~lght 01 the City and the pUblic 1n and to Lny land in aonn~atloft tb.~.wlth. .ald .pplla.tlon i. to b. lil.d wl'h the 'lannin. D.p.~tm.nt in ~ripliaate and appl1aa~ion. involVing more than on. of the above ll.ted none.. int.r..t. .hall b. tiled ..pa~ately. Eaoh appli- cation .0 til.d .hall be oompl.t. 1n every r..pect. Th. undar.ign.. h.~eby certify. 1. Tha~ a compl.t. and aaau~ata 1.val d..o~iptlon witb tha .peclflo p~operty inter..t .ougbt to b. vacatad OE' abandoned, in- clUding where po..1bl. a plat map or drawing .howing the general area and locatioD lnvolved, ia ..t forth in Exh1bit "AU attachad her.to. ' 2. That tba title or lnta~e.t of the City and the public 1n and to the .pecifio prop.rty intare.t d..o~lb.d above wa. acquired and i. evidenaed by, (check' one) I ( ) C iaD) I ) DIID DBDICATION PRaCaIITIOH Recorde4 1ft Official I.corel. Boolc 2"3 , 'age 1349, and~' Public R.oo~ . 0 pa ..ao Count!', 101'1da. *.PLAT lOOK 47. PAGES 100-101 3. Tha~ no '~1a~ applic.tion ba. be.n con.id.~ed by the City at any ttm. within .Ix IS) month. of tbe date her.of, and .hou14 thl. applioation b. Icanted, .uab abandonmen. and vacation will prevent no otb.~ property own.r. from aooe.. to and trom their property and no oth.~ prop.rty own.r. i1Ltht::--Yl011l1ty will b. adv.~.ely'af!.ated. 4. That the abov. de.oribld property intereat 1. under the control and juziadlatlon of th. City Comm1'llon of tbe City of Boynton Beaoh, rlor1da, 1. not a ~art of anr .tate or federal hivhway Ir.te., and wa. not aoquir.d or ded aated for .tate or federal h ghwaJ' purpo....: 5. Tha~ the following aon.titut.... complete and accurate .ohe4ul. 01 all own.c. and ocoupant. bounding an4 abu'tlng the p~o~e~ty lftt....t d..aalbe4 .bove. DB !Jm!UI. C/O JAMlS VANJ)UWOWI 430 NORTH "0" STIIIT, LAD WORtH, FL 'U'Q_~_" CONDOR INVIS'lKDtl or PAtH BUCI COUNTY, tHC. I I . ~. , ........Jrfl\ , .....JI..\iI'l ....1\ \ Q."" ...., ..,,,.. ~www'" tip -!~" I WI' . 6. That the following ground. and rea.on. are .ubmlttad in .uppo~~ of th1a application. THill IS . Itiurru. I.ASIMINt'~!DIC4TEJ) rOll LANDSCArIIC !VIIOSIS 25' II WlnTK AID ADJACllt !O IUT ~~'rJIlgl i!tal'g~Y&Mrpnxna.llCW) DlDlemD IY TIE 'LAt or CIDAlL 11nGI, It. P.U.D.. WAY m P~PO'I POa ""'. BUlbi W.D. UPaI ABANDONMENT or THE KIDIl KOAD lIGKT-OF- .. oJ. .. .. , .....Mp, _ _. _ _ .....1MBt VJLL NO LONGEl EXIST! _ :\ DATBD' 10/27/" AlfLICAHTCI) HAU "LBASI SIaN) ADDRISS cmmoa InU~tl or ..w IUCI aom.~s I I.C. ' It I J. IlCIIAID BADlI, &GIft ~~ STAB 0' rLOUDA COUNft 0., 'Ar.IIIDCB ':he above Daaed appliaant (.) MiRV tiJ:.t duly 'WOl'n by m. the day an4 Y..~ above ind1aatad, .apo..d aft4 .t.~.d that. b. &1:./1. ~b. appliaantC.) in tha fOl'agQln, Appliaation to-Xban!on/. Vaaate. that they hav. l"ea. the .ame and that the faata ther.in ..t: fo~tb a~. tZ'ua and OOZOl'aot to tbe baat ot thell' knowledge. I~ .~'=,.,.=:.. w __~_t_ ......... . My Commi..1oft IXplr.a. 0) KA1ltLEEN M. BIWIXlII "" ~ tit 01111......' <rA3OII8 EXPRI ~ : ' .IIlI*Y 2. ,. . . . IllIIIID 1MIInIlf N1......... 3 6-19-87 /~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-710 Agenda Memorandum for December 19, 1995 City Commission Meeting TO: Carrie Parker City Manager FROM: Tambri J. Heyden ffJI Planning and Zonin;t~irector DATE: December 14, 1995 SUBJECT: High Ridge Commerce Park PID - File No. USAP 95-004 Use Approval (truck and solid waste container storage) Please place the above-referenced request under Development Plans for the December 19, 1995 City Commission agenda. DESCRIPTION: The above request was submitted by Joseph D. Handley of Craven Thompson and Associates, Inc., agent for Waste Management of Palm Beach, property owner of a proposed expansion of the Waste Management facility located between Industrial Way and Commerce Road east of High Ridge. Mr. Handley is requesting use approval to establish within the High Ridge Commerce Park PID exterior truck and solid waste container storage as a permitted use. Please see attached Planning and Zoning Department Memorandum No. 95-689 for further details. RECOMMENDATION: The Planning and Development Board, with a 7-0 vote, recommended approval subject to the follow~ng: 1. A minimum distance of 300 feet between the lot where the sue is located and residential-zoned property (this would preclude this use on lots within the PID that are north of Commerce Road) . 2. Environmental review approval be required. 3. This use be permitted as an accessory use to a lawful principal use permitted in the PID. The applicant has raised an objection to having filed a use approval application if rezoning is required for their site plan approval (also scheduled for Commission consideration on December 19th - see separate cover). Rezoning is required because by code district boundaries must follow lot lines. No lot line will exist between the M-1 and PID zoned property once the expansion takes place and the lots are unified through replatting o~ unity of title. A..uming a rezoning application is filed, the use approval fee could be refunded. TJH:dim xc: Central File a:CCAgdmem.HIG PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-630 TO: Sue Kruse City Clerk FROM: Tambri J. Heyden~~ Planning and Zoning Director DATE: November 30, 1995 SUBJECT: Cedar Ridge, P. U. D., and High Ridge Commerce Park, P. I . D . - ABAN 95-010 Abandonment - buffer easement Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the December 19, 1995 City Commission Public Hearing and will be forwarded to your office after review by the City Attorney and City Manager. In order for our department to meet the deadline for preparing comments from staff and the abutting property owners must be received by our office by December 6, 1995. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. TJH:dim a:leglnot2.Ced REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-625 TO: Jim Cherof City Attorney FROM: Tambri J. HeYden'T~ Planning and zoninfDirector DATE: November 28, 1995 etl SUBJECT: Miner Road - ABAN 95-~ Cedar Ridge PUD and High Ridge Commerce Park PID (buffer easement) - ABAN 95-010 Boynton Beach Distribution Center (Miner Road access control easement) - ABAN 95-~ 6DC( Attached is an opinion of title submitted for the above-referenced abandonment applications received from J. Richard Harris. As you advised, I have now made this an abandonment application submittal requirement. The survey submitted is on file in our office. The public hearing for these abandonment requests is scheduled for the December 12, 1995 Planning and Development Board meeting. Due to the short time span to complete all the necessary reviews, prepare legal notices, obtain advertising approval, and also the time needed to advertise, please provide me written notice as to whether the opinions of title are acceptable by December 4, 1995. TJH:dim Enclosure XC: Carrie Parker Central File a:Cherof.Miner ~ SCOTT ROYCE ATTORNEVS AT LAW SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A. October 27, 1995 VIA HAND DELIVERY City of Boynton Beach c/o Ms. Tambrey Hayden Planning and Zoning Department 100 Boynton Beach Boulevard Second Floor, West Wing Boynton Beach, Florida 33425-D310 Dear Ms. Hayden: I have been requested to issue an oplDlon of title with respect to certain abandonment petitions I have filed on behalf of Condor Investments of Palm Beach County, Inc., and Waste Management Inc. of Florida. I have enclosed herein as Exlubit "Aft descriptions of each of the parcels for which abandonment requests have been filed As to each of such described parcels, I state as follows: ORIGINAL PARCEL: That parcel descnbed as the "original parcel" is dedicated as the right-of-way for Miner Road by the Plat of Cedar Ridge, a P.U.D., and High Ridge Commerce Park, a P.I.D., according to the Plat recorded in Plat Book 46, at Page 58, of the Public Records of Palm Beach County, Florida. The parcel is dedicated to the City of Boynton Beach for roadway putposes. The parcel is a portion of Tract S-1, as described by separate legal description on such Plat. It is my opinion that this parcel has been properly dedicated to the City of Boynton Beach for roadway purposes by such Plat. PARCEL 1: Parcell is Tract 8-1, as established by the Plat of Boynton Beach Distribution Center, according to the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public Records of Palm Beach County, Florida. Tract S-1 is dedicated to the Board of County Commissioners of Palm Beach County for public roadway purposes and is intended to be a part of the Miner Road right-of-way. RICHA.RD K, IURR.\ . JOll:'> 1_ BRrA:'>, IR, . BARRY H. BYRD . ~lARK P. GAO:>.'0:-.1 J, RICIIARD IIARRI5 . 1011:'> ~1 10RGE~SE:'> . DO~~A A. ~AIJEAI' R\Y.\10\'f} \X' R...."\r...~E . Rom~RT c ~C0rr 119.~5-14$11 ....00 I'Gt\ BIlI'1 L\',II'D, =-I'ITI, SOO I'AL~I Br:ACIIl;,IIWI,N5, FIOil:lILI J3..10 .-to-i} Il2.." ';<JOI) . F,IX {.Wi', ()2,.- J5'1 J ---~---~_.---~-~---_._--_..~-~---_.------'_...._- City of Boynton Beach October 27, 1995 Page 2 It is my opinion that Tract S-1 was properly dedicated to the public for roadway purposes. PARCEL 2: Parcel 2 is an access control easement established by the Plat of Boynton Beach Distnbution Center which encumbers the North 5' of Lots 18 and 19 of such Plat. The access control easement is dedicated to the Board of County Commissioners of Palm Beach County for the purpose of control and jurisdiction over access. The property encumbered by the access control easement is owned by Waste Management Inc. of Florida. It is my opinion that the access control easement is properly dedicated for the purposes herein stated. PARCEL 3: Parcel 3 is a private dedication to the City of Boynton Beach for roadway purposes. The dedication was made by an easement deed dated August 13, 1976, and was executed by James O. Taylor and Mildred O. Taylor, his wife, and David P. Taylor and Jacqueline Taylor, his wife. It is my opinion that the right-of-way deed was a good and valid grant for right-of-way purposes over the property therein descnbed to the City of Boynton Beach, its successors and assigns, for it, its agents, tenants, servants, visitors, and licensees, in common with all persons having like right. PARCEL 4: This parcel is a buffer easement dedicated for "landscape purposes" encumbering the South 25' of Lots 15, 16, 17, and 18 of Block 2, Cedar Ridge, a P.U.D., and High Ridge Commerce Park, a P.LD., Plat Book 46, at Page 58, of the Public Records of Palm Beach County, Florida. It is my opinion that the dedication appearing on such Plat creates a valid easement encumbering such property for landscape purposes. The owner of the property encumbered by the buffer easement is Condor Investments of Palm Beach County, Inc. (, JRH/kmb Encl06urel1 -...-----.-.---....------------------ EXHIBIT nAn ORIGINAL PARCEL: That portion of Forest Road established and dedicated by the Plat of Cedar Ridge, a P. U. D . & High Ridge Commerce Park, a P. 1. D . , according to the Plat thereof recorded at Plat Book 46, Page 58, of the Public Records of Palm Beach County, Florida, abutting Lots 36 through 45, inclusive, of Block 1 of said Plat and abutting the north 75' of Lot 35, Block 1 of said Plat. PARCEL 1: Tract S-l (Minor Road), as established by the Plat of BOYNTON BEACH DISTRIBUTION CENTER, according to the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public Records of Palm Beach County, Florida. Tract S-l, as established by the Plat of BOYNTON BEACH DISTRIBUTION CENTER, is dedicated for additional right-of-way for Minor Road for the perpetual use of the public for proper purposes. PARCEL 2: 5' access control easement which encumbers the North 5' of Lots 18 and 19 of BOYNTON BEACH DISTRIBUTION CENTER, according to the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public Records of Palm Beach County, Florida. The access control easement is dedicated by the Plat of BOYNTON BEACH DISTRIBUTION CENTER for the purposes of control and jurisdiction over Tract S-l (Minor Road), as established by the Plat of BOYNTON BEACH DISTRIBUTION CENTER. PARCEL 3: Easement and right-of-way over and across the North 25' of the West 340' of the North one-half of the Northwest one-quarter of the Northwest one-quarter of Section 16, Township 45 South, Range 43 East, of Palm Beach County, Florida. The above-described easement for access and right-of-way was granted by Easement Deed dated August 13, 1976, executed by James o. Taylor and Mildred Taylor, his wife, and David P. Taylor and Jacqueline Taylor, his wife, in favor of the City of Boynton Beach, PARCEL 4: Buffer easement encumbering the south 25' of lots 15, 16, 17, and 18 of Block 2, of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK, A P.I.D., according to the plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 46, page 58. REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Garv Lanker DATE PREPARED: November 28, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of buffer easement dedicated for landscapinq pur~oses. (Cedar Ridqe PUD and Hiqh Ridqe Road PID) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leqal Ad for the City Commission meetinq of December 19, 1995 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper, adioining property owners, applicant and Planninq and Zoning Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: r ~/ ,-' -d h1Cl/-2-<..___ (Department Hea Ipoh'5 ( (Dat'e) (1 ) (2 ) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a:leglnot2.CED VIII. DEVELOPMENT PLANS A cc: Devt Plant Util PLANNING AND ZONING DEPARTMENT MEMO~ '-/J- 6~J:' Agenda Memorandum for February 7, 1995 City Commission Meeting TO: Carrie Parker Ci~ Manager ~~L~~ Planning and Zoning Director (,@, ~ @ U tH ~. ,u1J FEB - 61995 E,; . ~ FROM: DATE: February 2, 1995 PLANNING AND ZONING DEPT. ' SUBJECT: Cedar Ridge Estates PUD - File No. MPMD 94-00! Revised density, acreage, unit type, layout, setbacks and roads NATURE OF REOUEST Dennis P. Koehler, agent for Condor Investments of Palm Beach County, Inc., owner of Cedar Ridge Estates PUD,.' has requested modifications to the previously approved master plan for the Cedar Ridge Estates PUD. The 40.8 acre residentially- zoned property, approved for 197 dwelling units (45 single-family, detached units and 152 multi-family units) is located on the east side of High Ridge Road, approximately 800 feet north of Miner Road. The following changes are proposed (see Exhibit A - proposed master plan) : 1. Delete from the PUO, the acreage encompassing lots 35 - 45 (a decrease of 11 single-family units), associated streets and a jogging trail located in the northeast corner of the PUD. 2. Eliminate a 6 foot high wall along the majority of the south property line of the land proposed for multi-family development; the property line between the PUD and the High Ridge Commerce Park PIO to the south (platted, but undeveloped) . 3. Change the internal road system from public to private. 4. Increase the overall height of the units proposed for the 34 single-family lots from 25 feet to 35 feet. 5. Establish a 10 foot corner side building setback for the Single-family lots located along north side of Forest Road instead of the previously approved 12.5 feet. (Note: For the single-family lots the previously approved 7.5 interior side setback and 25 foot front and rear setbacks will remain unchanged.) 6. Change the multi-family unit portion of the project from 152 rental apartments to 110, fee simple, townhouse lots. The-minimum lot size proposed is 24 feet wide by 95 feet long. Each unit will have a minimum footprint of 1,200 square feet and an overall height of 35 feet 7. Establish a 20 foot perimeter bUilding setback along the north side of the multi-family project instead of the preViously approved 40 feet. (Note: The prey i.0\.isly approved 20 foot east, and 40 foot south and west perimeter setbacks will remain unchanged.) 8. Establish the following minimum, setbacks for the townhouse lots: Minimum building setbacks: Front Rear Side interior Side end unit - 25 feet - 20 feet o feet - 10 feet '-' 'WI o- j Page 2 Memorandum No. 95-026 Cedar Ridge Estates PUD File No. MPMD 94-009 Minimum pool and screen enclosure setbacks: Front Rear Side interior Side end unit - 25 feet 5 feet o feet - 10 feet 9. Establish the following five required recreation amenities for the PUD: a) meeting hall b) swimming pool c} jogging trail d) childrens' play area e) turf play field The following supplemental recreation amenities, which do not qualify towards private recreation credit, are to be provided: family picnic area and two horse shoe pits. 10. Provide required buffer area landscaping along the south property line of the PUD and a limited access easement along the east property line. Install lake plantings around the water management tract. Install entranceway landscaping. (Note: The required improvements associated with the townhouse project such as an internal street system, parking spaces for the each unit, recreation facilities, and site landscaping will be shown on the site plan review submittal required for the development of the townhouse project.) BACKGROUND The Cedar Ridge Estates PUD is property that was annexed into the city and zoned PUD in October 1982. The master plan approved with the annexation and zoning of the PUD, depicted a 191 unit, 40.8 acre project'. The project included 45 single-family lots that were to be developed in compliance with the R1A zoning district bUilding and site regulations, a jogging trail (north of the lots along the railroad R-O-W), a 4.51 acre water management area, a single ingress/egress off of High Ridge road, a public, internal street system and 13.43 acres for development of 152 multi-family units. The multi-family units were to be built in compliance with the R-3 zoning district building and site regulations. The multi-family development was to include recreation amenities in addition to the jogging trail located along the railroad right-of-way north of the single-family lots (see Exhibit "B" - approved master plan). The PUD project is bordered by the following zoning districts and land uses: North - R1AA, single-family residential, developed for private school use (Lake Worth Christian School) East - Seaboard Airline Railroad and farther east, I-95 South - High Ridge Park PID, undeveloped industrial lots West - High Ridge Road and farther west, single-family homes and vacant land in unincorporated Palm Beach County In August of 1983, the plat for Cedar Ridge PUD was approved. The plat included, publiC streets, 45 single-family lots, Parcel "A"- .11 acre of land located at the north side of the PUD entrance off of High Ridge Road, Parcel "B" - 1.65 acres of land for a jogging trail located north of the single-family lots, Parcel "C" - a 4.51 Page 3 Memorandum No. 95-026 Cedar Ridge Estates PUD File No. MPHD 94-009 acre water management tract and Parcel "0" - 13.43 acres for development of 152 multi-family units. The infrastructure approved with the plat (ie: roads, drainage, water and sewer service) have not been fully completed or accepted by the City. Construction ceased in approximately 1986. The property was taken over by the Federal Deposit Insurance Corporation (FDIC), as manager of the FSLIC Resolution Fund, as receiver for the Sunrise Savings and Loan Association and Sun-Op, Inc. Sunrise savings and Loan was the lending institution for the original developer. No activity has occurred on the property since 1986. In January 1993, the current owner, Condor Investments, purchased the property from the FDIC. Cedar Ridge Development Corporation has a contract with Condor Investments to develop the property. Prior to construction ceasing, a master plan modification was approved in February 1984, to change the water management tract, Parcel "C", from a dry retention area to a lake. In February 1985, a site plan for a 152 unit apartment project was approved. The site plan for the apartments depicted two story buildings, parking spaces and associated landscaping. The plan also included the following recreation facilities: picnic area, playground, meeting hatl, swimming pool and jogging trail. The jogging trail was not located on the apartment project, but rather off-site on Parcel "B". construction of the apartment project never commenced and the site plan approval expired. ANALYSIS The procedure for processing master plan modifications is set forth in section 12 of Appendix B, Planned Unit Developments, of the code of ordinances and states: section 12. Changes in plans. "Changes in plans approved as a part of the zoning to PUD may be permitted by the planning and zoning board upon application filed by the developer or his successors in interest, prior to the expiration of the PUD classification, but only [after] a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes shall be proposed as for a new application of PUD zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the city commission. Nonsubstantial changes as determined by the city commission in plans shall not extend the expiration of the eighteen month approval for the PUD classification." Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned unit developments, as stated in the following sections of Appendix a, Planned Unit Development, of the code of ordinances: Section 1. Intent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for ~ 'wi '" Page 4 Memorhndum No. 95-026 Cedar Ridge Estates PUD File No. MPHD 94-009 development, redevelopment, and conservation of land, water and other resources of the city. Regulations for planned uni t developments are intended to accomplish the purposes of zoning, subdivision regulations, and other applicable city regulations to the same degree that they intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location, and character for the uses and structures proposed are to be planned and developed as unified and coordinated units." Section 9.A. Access. "Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall be required to front on a dedicated public road." Section 9.B. Internal Lots and Frontage. "Wi thin the boundaries of the PUD, no minimum lot size or minimum yards shall be required, provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone." Regarding the proposed changes, the reduction of the total number of units from 197 to 144 (a deletion of 53 units) will decrease the impact on traffic, water and sewer services generated from the project. The resulting density is less than the maximum density permitted by the Low Density Residential land use designation on the property, allowing up to 4.84 dwelling units per acre. The PUD master plan/rezoning was approved at 4.83 units per acre. With the recording of the plat, the PUD is exempt from concurrency for traffic levels of service. Since the proposed modification resul ts in a decrease in traffic impact, traffic from the PUD remains concurrency exempt from current traffic requirements and levels of service. with regards to the proposed setbacks for the single-family lots and the lot sizes and setbacks proposed for the multi-family townhouse lots, those proposed are no less than the setbacks and lot sizes approved by the city Commission for other similar proj ects wi thin the City. The most recent approval by the Commission of a project similar to the townhouses proposed within Cedar Ridge Estates is Quail Run Villas. The proposal to change the internal street system from public to private ownership and maintenance is acceptable to staff, based on the future desire to privatize the entrance to the PUD. However, a security gate/gatehouse has not been formally included with this submittal. Replatting or abandonment will be necessary to vacate the internal streets. Al though the buffer wall along the south PUD property line is proposed to be deleted, the code requires a six foot high wall where an industrial district, such as the undeveloped, PID to the south, abuts a residential district. It is preferred to have the Page 5 Memorandum No. 95-026 Cedar Ridge Estates PUD File No. MPMD 94-009 wall constructed on the PUD property so that the entire length of the wall will be constructed at one time. However, walls are usually placed on industrial property. Since, the PlD property has been platted into lots, the wall can be constructed within the PlD, incrementally, lot by lot and since all the lots are vacant, site plan review will be required, at which time review of the wall can occ ,rJ. '{f' ~7 ' ' 'ift~ -- , --/" , / -..; ~~. 17J~ 'I 'tJftJ." " ,,': -, (J(;n~r;u?~f4/'1{47U{A,~ I':' egard1ng v.i.he buf er a a tcia/fn d l1ttoral zone landscaping ~~r~ proposed, a conceptua landscape plan and littoral zone plantings .. I' were not required when the 1982 master plan was approved. Since (luJ",r modifications are requested to the. master PI, an, current cOde~ )\4\ t~p~lied iu; ~~A(}!./JnA~~PfJJ ", ':,~vt, ~ After con~e neqotiation betwee~~; an; the applicant, the ~ type, location and size of recreation facilities proposed for Cedar ~ Ridge Estates are acceptable to qualify for 50% credit towards the ~ required recreation fees for the PUD (see Exhibit "C" for staff ~ comments; specifically Recreation and Parks Memorandum No. 95-048, {/o- comment #2}. Staff has also attempted to reach a compromise with the applicant regarding amount of payment, form of payment and time of payment for the remaining 50% of the required recreation fees and timing of completion of the private recreation. The property was platted over 10 years ago without all the required improvements being completed and accepted by the city. The bonds that were posted for these improvements have expired and the bond company no longer is in existence. Therefore, staff's recommendation to address the issue of recreation and completion of other required improvements is specific and unique to this project and not able to be compared to any other case within the city. At the time of filing the 1983 plat, a bond, not cash, was collected for 110% of the recreation fees (minus 50% credit for private recreation) owed for all units within the PUD. No other approvals are required prior to the applicant applying for a building permit for the single-family lots. However, based on the type of units now proposed for the multi-family section of the PUD, replatting is required for the multi-family section of the PUD and plat (townhouses require further platting, but rental apartments do not) . Therefore, the issue of how, how much and what time the unpaid recreation fees are to be paid, must be readdressed and is being done as part of review of this request. Normally, land value, for purposes of calculating recreation fees owed, is set by the Planning and Development Board at time of preliminary plat approval. However, as previously mentioned, further replatting is not necessary to construct the single family homes and the fair market value of the land used to post the ~:~~:a~~o~h~o~~n~~ 1~:1~~_~c~~k_~;~:~t" .,'~ Pursuant to a comprehensive plan policy, private recreation must ~ provided due to the number of units proposed; greater than 100 and this recreation must be accessible to all units within the PUD, regardless of whether there is a mixture of units or phas ing. Since private recreation is a required improvement, it must be constructed within 21 months of plat approval and concurrently with the construction of other required improvements. Also, for purposes of maintaining unified control within a PUD and safeguarding against parts of platted land never being built out or becoming dormant for long periods of time, mixtures of unit types cannot be treated as separate projects, and only that portion of the pun that the developer proposes to develop within 21 months is to be platted. In addition, by state law and the City's Concurrency Management Ordinance, no development order or permit .. ...., Page 6 Memorandum No. 95-026 Cedar Ridge Estates PUD File No. MPMD 94-009 can be issued unless there are adequate facilities (such as recreation) available to serve the proposed development or unless the development order or permit is conditioned on the availability of public facilities concurrent with the impacts of development. In consideration of the foregoing facts and the circumstances related to the status of the Cedar Ridge Estates PUD, staff recommends the following compromise to address the remaining 50% of the recreation fee and the private recreation: 1. Rather than paying the full 50% of the recreation fee for all units within the PUD and paying this fee in cash at time of pulling a building permit for the single family units, a bond can be accepted for 110% of the recreation fee owed for all the single family units in order to pull a building permit. The fee would be 100%, with no credit for private recreation at this time, of the amount owed for just the single family units. The bond would become a lien on the property and would be paid upon issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of the land or improvements thereto. (Cash at time of building permit, rather than a bond, has been the standard for years for payment of recreation fees, however the option is available, per code, and was the method accepted by the City when Cedar Ridge Estates platted in 1983.) 2. Master plans are valid for only 18 months and master plan modifications do not extend the life of a master plan. Hence, an expiration must be set for the requested master plan modification, which would ensure that the private recreation located in the multi-family section of the PUD is constructed to serve the impact of the single family units that would be completed or partially completed, prior to the construction commencement of the multi-family section. Therefore, it is recommended that the master plan modification expire 18 months from the date of its approval by the City Commission, in the event an application for replatting of the multi-family section has not been submitted or an application for site plan approval has not submitted or a time extension has not been filed or a subsequent master plan modification application has not been submitted. 3. At time of filing a final plat application for the multi- family section, the balance of the recreation fee will be paid in cash or a bond for 110% of the balance of the recreation fee will be posted (for the same reasons stated in #1 above, a bond, in lieu of cash, is acceptable for payment of the fee, unless otherwise stipulated by the City CommiSSion). The balance of the recreation fee will be computed allOWing 50% credit for private recreation and crediting 50% of the cash paid at time of the first certificate of occupancy for a single family unit within the PUD (crediting 50% of the cash paid would be allowed, since private recreation would be secured at time of replatting). Regarding setting the fair market land value for purposes of calculating the recreation fee, in 1983 the City accepted the value of the land as $25,535.76 an acre. According to the 1994 tax roll, if the assessed values of single family lots 1 - 34, parcel "A", parcel "C" (drainage lake), parcel liD" (mul ti- family tract) and the .18 acre abandoned right-of-way are totalled and divided by the total acreages of these areas (27.51 acres) within the PUD, the assessed value is $44,268.56 per acre. The applicant states that based on a January 1993 purChase price of $2,075,000 for a total of Page 7 Memorandum No. 95-026 Cedar Ridge Estates PUD File No. MPMD 94-009 68.3 acres (this includes the PID property to the south, as well as the PUD), the value is $30,380.67 per acre. Staff has reviewed the 1992, 1993 and 1994 tax rolls and there has been no change in the assessed value of the PUD, yet no verification of the purchase price was received (usually a copy of the purchase contract, at minimum, is required). The code states that if an applicant objects to the fair market value determination, he may at his own expense, obtain an appraisal of the property by a qualified real estate appraiser, approved by the City, which appraisal may be accepted by the City, if found reasonable. RECOMMENDATION The requested modifications will not adversely affect neighboring properties and are a decrease in traffic, water and sewer impacts. Therefore, it is staff's recommendation that the City Commission make a finding of no substantial change with respect to the requested modifications and to forward this request to the Planning and Development Board with a recommendation to approve, subject to the attached staff comments (utilities Department Memorandum #95- 037, Engineering Division Memorandum #95-026, Recreation and Parks Department Memorandum #95- , Recreation and Parks Memorandum #95- 04 and Planning and Zoni Department memorandum, dated February 2, 95) . ) (;/f?,!& J~ ~ be~s~" ~ '-rs , , " tf;~A- r~~ xc: Central File C:CC95026.mem ~ v ~k [MJl ~ ~" -- , ,,--. .~\ ./ LOCATION MAP CI!DAR RIDGE EsTATES _" IU -- ,,'; -- d UlllJ~p'- (I >-1 LT~~~ ~-LI ~11J' L-J y- ~ ~~I LW)) ~ ~ /~~\ ll~ F~n' f '-- .~/' \ fJ r-' l..._ ,YT ,,~ T;4~ 1 ~ --: IT!' --' t ~ I ~'_ T- r ~ ".....".r",.... ....__ L. _;..., ;. 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'. - ~ p ~ t ~ a. ft Hmf~~~i~mkk ; - I ~ ;1- I~ ,- 1 , ~, It) mi' ! I I S il!' ~' .' "'f ~ II; & i ~ i Ui ~ it - . 3 3: > en -f m :D "tJ ,... > z CEDAR RIDGE PREPARED FOR JOE BASILE CITY OF BOYNTON BEACH, FLORIDA ~ lAND.~ DESIGN l SOUTH t! ~M:tiI8c:Ue'~ PROPOSED --- -.-.....-".-- ~-'- --.-..-- .." .." EXHIBIT "B" - .......... -.. .- ~.v -.... i .\ \ . \\ I \ \ \ \ \\ sU .... j\ .. .. ~ ~ , ;; co .a ~, , .. _ i _UI.IO'- =c .~~-_. "--~..,~~--- .-----------------~- seaboard Air une R.'lroad :r::-.'=" ,~,...,.,-<>~,-.::- ",~ "~:,.-=--=-. ' ~ ~~<-.;JCi:i9'6':.R! .J ~ _ ,"e. . ~t., t .~ t J ~ ! : "]:":1 ~-".- i ~(') f'; ~ 0 -)' ~ g t:r" .:-,--, _ III 1"1 /" . 'C ' \ g ~ \ ' 10 '\ ) t a \..i 19 ,- ;i ; III t -. ,'g \ ." a ~I! :a & I>> :D . I>> 0"" ~ 0 n 0=; . 0 I>> ~ ;: \ n \ \ ~ o :a \ \ \ \ ' \ I ~ to.) -.lOUl r' c,. 0 '. .,.)11' , n '-<N f' r I: ~ - ~.~ ~.. . ~i'"' '. :t r-' - .' f". \.' ' ~ _..,.-. 't' :i ~~~~': f~~~, "~,'~~ ~...., -4:..f~ '\jl' \,. J (~,." ,;~ ...... "i8 :;:;5' I: :DeCA :;1>> oc::5'.c. E a q _!l it ... ~i \ Pi\ \ ,~ \ \ \ i" \ '.. \ . ....O-.l~p I') N . (ll (ll .. e,.))II' .,. !' ~ iiil\ r I>> CA"'- C ::CA'O.- :-gl~i1 c.nn. C UI'O.:IS~a: o~:D~~. o · ~. 0: tDo \ ., Do " .D. \ ~. ..,. Do \ i \ ;. \ \ ~. 'I ?I, \.... .. . :.. UI :. ce .., L.........' 0- ~:-wto.) 'N i Ol').!. I>> ~)II't ...'0 nn~ <J!.'I') ; i \ \ ~ \ Ie,.) e,.) % i \ 0 (II - 'fJ.. c: (II I') e,.) :a .)11' ~ 11' ;; !' !' !' ,,"I 000 .:: .:: .:: 0:0:0. ~ ('t .. 1 .,. , ~ c i .. ~ ~. ~~ .. a t1) . . \10- ~" ~ m ". . . :;;;.""a,. :IS" :IS \ r"""" iJ i C>> i\ \ I \ ,..t- r~~""t ,~ :;Jl -~ :' \ \ .... 0\:'" e,.)o ~~ GI \II G>> ~ ... .. a .. " .. 1> <9 7- .. ... g ;t us 0-' (\ ;; g ~~ ~ -0-< ~ ~g _ ,:: " ~~ :I ..0 ~n ~~ i\gn ~ dfO ~ . ' CEDAR R\OGE EST A TES P .U.O./ . ~ HIGH RIDGE COMMERCE pARK P .1.0. .... '\ POINT .....ALAP...IlEVELO- e,",pOR'T10N :"-". ~ . ..-.- -' ' W" ......" ~ ft .. APPROVEO . :::J ~~~ ~ l ; %L- ...;;S; \-.!:~ , ow... o .....M ~J . ("'l ! ~- ~~~~ 0: l ;~I ~~. ..11- .... ..! ~~:. ;. __~,ff"'l EXHIBIT "c" W' ... MEMORANDUl\l Utilities #95-037 TO: Tambri J. Heyden Planning & Zo FROM: John A. Guidry, Director of Utilities DATE: January 27, 1995 SUBJECT: Cedar Ridge Master Plan Modification Resubmittal Staffhas reviewed the above referenced project and offers the following comments: 1. Provide stabilized clear access to sanitary sewer, storm sewer and water main on south side of project, Utility/drainage easement, (Sec. 26.33[a]). 2. Proposed side and rear set backs for buildings 4, 5, and 6 are not sufficient for access, operation and maintenance to utility and drainage systems, (Sec. 26.33[a]). 3. No walls or fences will be permitted in utility easements near buildings 4, 5 and 6. Unobstructed access must be provided (Sec. 26.33[a]). 4. No trees are permitted in utility easements, (Sec. 7.5-18.1). 5. Will any of the roads within this plat remain public or will all become private? 6. We recommend the project developer or engineers meet with Utilities staff to discuss design options. It is our recommendation that the plan proceed through the review process. If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404. /gb xc: ill m .J!' I m, ~\\ m rn Clyde "Skip" Milor Peter Mazzella ;Y File PLANNING AND ZONING DEPT. ENGINEERING MEMO # 95-026 DATE: 1127/95 TO: T AMBRI HEYDEN, P&Z DIR. FROM: ~IAM HUKILL, DEV. DIR. KEN HALL, ENG. AIDE SUBJECT: CEDAR RIDGE PUD - RESUBMITI AL - 2ND REVIEW The following comments arc submitted for your consideration: I. Resolve those items mentioned in the first review dated 1/17/95 (attached). 2. For all parking spaces, specify a minimum width often (10) feet to comply with standard dwg, 8-91004 (attached). 3. Provide visitor and HIe parking spaces for buildings 5 & 18 as provided for other buildings. 4. The H/C space dimensions may be 12'X 18' in lieu of 12'X 20' indicated on plans. . 5. Visitor and H/C parking should not allow backing out onto streets per Sec.5-142(i)(2). 6. Indicate on plans the number of proposed parking spaces within parcel "0" and the number required by city code. 7. Paving, drainage and site lighting plans shall confonn to city's codes at time of pennitting. KRHlkrh cedridge.2rv ~~~~ ~~~ ~ ~ .. )> ~1:~ r ~ r:. :<. '" t" , , ' '\~ 00 1\ ~ ~ \ I~ ~... r::.... (\) .... ,...""1 \ \ I i, a Ol. ~ ~ ~ 6\. ~ ~ ~ ~ V ~01S-0~ .11:'0 I ~ ,13 ",'! ~ Q i ~ ..l a _\.(.\ ~ \ ~ ~ ~ ~ \~ l ~ i ~ ~ ,~ \ ~~\i ~i ~~ " '~lt'"'.~ ~t\\ t1 \ "\ 'i\~~~i'; ""'" f rYI U ~.. '. ~ ... "r :I" 00\. .... .., .. .- O. ~~ o ~ o . C .."" - - , ~ +, - "'+ . (\~ Q)~ . . -\ . . \ ""<. ~~ tIl .. 0 :Q _r- ~~ J1tr-~ ~o r\ ~ir- ~% ~~ l~Ul ~~ ~ ~ ~~ .ca }-C1\ l"" -", Y :! tJ. f,\ U\ , .. ... . . ~ '; ~.. 0 :I ~ ~ i o ~ a . r o t:J ~ (J)~~' -" - ~ ~ ~ ~n ,~:; ; - "'<. ~i~ ~...~ ~\11~ . :I... ~ 10 ~~ o ~~ o tVl ~ ,.... :lI;: (II ~ "l1 ~ ~ ~ " ~ -< ~ Q :z: C! ~ ~ ';t: ~ G\ ~ '" III :q 2. " o ll\ ~ s . o .. i ~ .. ;. CD :'~ ":' ~~~~ ~'~~Ci~~~~~a~a ~ g~oo.s~","'S"'5% ;\~l:\l%!~~~a il~i=~ .\\'U~ !\~~=\'l!ii\i~ ... ~ ~ Q ~Iq fA ~ t1 g! '" ~iii%i~~il~~: ~~~..,.tJat~~s~~i ~i~ ~.... ~ia ~~ ~a. i;i~~~e'~~ r'" "'t'la~s!i.'" : st~~~\g",a~ \ ;~lis. li~s \IO;.4r;o g"'l><l g~~",~ a~~rA ~ ~~~a~ a",..8 01 ... ~ !:\' c:'1 '21 t'I I:l ~"'o",,,, ~~~'" ~ ~~~' ~ ~';H\~ e . g04 .. ",\lOH\lO ~ !:!!Z 01 "n '" ~Cr<i ~ ~~~~ t t" ':=t c:'1 "'l ... 01' r r"'C: H'" a ...' ~ V' 'Oi ~ ':=t 0 'Z.'f c:'1 "''it ';l 0 ~ lfIt'1~ 'f "'l !:\ ~c' ~ ~ ~ ~~ t;; ~ ~ r-- - 1\). ~ ~ ~ G\ ~ ~ -- \!tiS 1\). . ~~ ~- ~~ IJ\ 6 '" ~ 1> ,.... " 8 ~ u, ..( ~ '~ ~ ~\ 'c!\ "" '0 3 -4 ..... :" "'0 l> ~ S fl\ Z -\ n c:: -\ \ t " ,,-- / ENGINEERING MEMO #95-012 DA TE: 1/17195 TO: TA~~~f-EYDEN, P&Z DIRECTOR FROM: ~AM HUKILL, DEV. DIR. SUBJECT: CEDAR RIDGE, P.V.D. MASTER PLAN MODIFICATION -1ST REVIEW The following comments arc provided regarding the subject dev~lopment: I. Replat the subject site to show all roadways. units. easements. etc. to meet the requirements of F.S. 177 and city codes. 2. Indicate location of all sidewalk on both sides of streets throughout both developments. App.C. IX. Sect II. 3. Provide a master stonn water management plan. Obtain re-approval ofS.F.W.M.D. for drainage plan ifnec'essary. App.C. VIII. Sec. 4C. 4. Depict street and pedestrian lighting witbin tbe townhouse development similar to that shown in S.F.R. area. 5. Provide a note indicating that all utilities arc available and have been coordinated with all required utilities. App.C. VIII. SecAC (17), 6. Indicate the names of all public and private streets. App.C. VUI. Sec 4C (8). 7. Indicate all existing casements and their purpose. Sec.4C(9). 8. Drainage inlets shall be installed within grassy areas for pre-treatment of stonnwater. C.X.See.5B. Also. show proposed drainage of80' entrance roadway. 9. NOTE: If the trip generation rates used in the 1991 T.I.A. arc different than those used in a current analysis. then a new T.I.A. should be required rather than an analysis of the old rates in relationship to the reduced number of units shown in the MTP Group. Inc.letter dated 12/26/94, KRHlkrh cedridgc,rev ill IE ';M!~ ~ WI ~ i~1 I PLANNING ANO ZONING DEPl .... ~ RECREATION & PARK MEMORANDUM '95-040 TO: Tambri Heyden, Planning & Zoning Director FROM: Kevin J. Hallahan, Forester/Environmentalist ~~ 11- RE: Cedar Ridge PUD - Master Plan Modification DATE: January 26, 1995 1. The applicant should show a cross section of the Ii ttoral/up1and planting scheme on the plans. It should include species, specifications, spacing, quantities and a management plan document for proper maintenance of the area (referenced on the plans). 2 . A management plan for the preserve area should also be developed and referenced on plan. This would be for proper maintenance of this section of the property. 3. The two management plan documents *1, *2 above should be included in the homeowner association documents. 4. The tree management plan for the existing trees (reference to the tree survey included with the MPM) should be created prior to site plan submittal to the City. KH:ad ~~-'\";~. ~~ ~ ~\--~\. c-r: ~ \\rJ '-:..-.;.,.......:.-- . : \ . t, -_ \.\'\~ .,.. Ii!\ ' " ~; ..., I .';"~\\\ _.;~ ; 1.\'''' __. ~ \ L- . "",\,, ,.~ .1. ,\ I\,.J .... ~--o\.f..\~\")t\')C';t -- ; 'll)~\i'\u ...' \ \.. RECREATION & PARK MEMORANDUM '95-048 2 UJ:)~' ~ 1 TO: Tambri Heyden, Planning & Zoning Directo FROM: John Wi1dner, Parks Superintendent Charles C. Frederick, Director ~~ Recreation & Park Department '-<...~ THROUGH: RE: Cedar Ridge Master Plan Modification January 31, 1995 DATE: The Recreation and Park Department has reviewed the amended (1-30- 95) masterp1an modification request for the Cedar Ridge PUD. The following comments are submitted: 1. Recreation Dedication Requirement 34 single family homes x .018 acres/d.u. = 110 townhouses x .015* acres/d.u. 0.612 acres = 1.650 acres 2.262 acres *Per instructions from the Planning Department fee simple townhouses are figured at the multi-family rate. 2. Credit For Private Recreation The modified masterplan lists the following recreation elements: 1) meeting hall* 2) pool 3) childrens playground areas (2) 4) jogging trail 5) turf playfie1d 6) family picnic area 7) landscaped quiet areas *provided that the developer agrees to a 1,300 s.f. meeting hall as shown on the previously approved masterp1an (presently shown as 1,000 s.f.) one-half credit for private recreation provided is recommended. .,. ..... 3. Payment Of Fees In Lieu Of Dedication A. Since the developer plans on starting the single family lots first, he has indicated that he intends on paying the full recreation impact fee on the single family home section (0.612 acres cash) at the time of the first certificate of occupancy. While the code requires that the developer pay recreation impact fees or bond them at the time of final plat, we recommend that, in this case, the developer pay the fee or posts a-bond or letter of credit now (110%) and pay the fee at the time of the first certificate of occupancy. He indicates that he intends to apply for 50% credit for the single family section once private recreation is available in the townhouse section. B. The developer has also indicated that he intends to rep1a t the townhouse section. Al though he may ~ casho ~t that_time) he indicates that he intends to post a bond ~ocab1e letter of credit for-110% of the remaining- recreation" fees for botn the townhouse section and tlie- single family homes for which they will qualify for one- half credit. The letter of credit for 110 townhouse units allowing one-half credit for the 34 single family units calculates as follows: 1.650 acres = required dedication for 110 units .825 acres = one-half credit for 110 units .306 acres = one-half credit for 34 single family units (cash value of .825 acres) - (cash value of .306 acres) X 11 bond or letter of credit amount.du.e- J~~~r.)~-h c. Private Recreation Bond The developer must provide cost estimates for the private recreation to be provided and post a performance bond or letter of credit for the cost of the unfinished recreation improVements. In addition, the developer must complete at least the meeting hall and swimming pool by the first certificate of occupancy for the town house section. 4. SUMMARY: The above listed process for payment of recreation fees in lieu of land dedication is somewhat unusual. However, in consideration of the length of inactivity associated with the development of this property, the payment of fees described seems appropriate and was arrived at after considerable discussions with' the developer. The Recreation and Park Department is comfortable with its implementation. Actual recreation fees to be paid will be set once the Planning and Development Board determines the fair market value of the land. A letter from Dennis Koehler, Attorney for the developer is attached which discussed land values and the payment proposal. JW: ad Attachment xc: Bill Hukill, City Engineer Dennis P. Koehler, P.A. REV. 2/2/95 'WI" 'W' MEMORANDUM TO: Tambri J. Heyden Planning and Zoning Director FROM: Michael E. Haag Zoning & Site Development Administrator DATE: February 2, 1995 RE: Cedar Ridge Estates PUD - File # MPMD 94-009 Master plan modification (revised density, acreage, unit type, layout setbacks and roads) Please be advised of the following planning and zoning comments relative to the review of the resubmitted plans for the above- referenced request for master plan modification approval: 1. To properly evaluate whether there are enough parking spaces provided for the recreation facilities, specify on the plan the gross floor area of the meeting hall. Revise the plan to show the gross floor area and depict on the plans no less than the number of parking spaces required for the recreation facilities by the zoning cQde. 2. Show on the plan the total area of the site without the land being transferred to the school. Also, identify the density of the PUD after removing the area being transferred to the school. 3. clarify, on the plan, the difference between the 20 foot side corner setback shown on the typical townhouse lot setback chart and the 10 foot side corner setback identified on the typical setback chart. If the width of the end unit lot is at a minimum 10 feet wider than the interior unit lots, dimension same on the typical townhouse lot drawing. 4. with a distinguishable symbol show and label the perimeter of Parcel "0". 5. Show and label with dimension lines the perimeter setbacks around Parcel "0". 6. On the plan, label Parcel "B". 7. Specify on the plan the width of the streets proposed for the townhouse project; a minimum of 22 feet of pavement is required. 8. The subdivision and platting regulations require streets to be terminated with a cul-de-sac. All but one of the streets (between building 2 and 3) has been revised to replace the T- turn around with a cul-de-sac. Unless otherwise permitted by the City Commission, the remaining T-turn around shall be replaced with a cul-de-sac meeting city standards. 9. Place the following note on the plan: "All parking spaces, with the exception of the two (2) spaces required for each townhouse unit, shall be designed in accordance with the requirements of the parking lot regulations. 10. Replatting is required to subdivide the multi-family portion of the PUD into townhouse lots. 11. The 1983 recorded and legally constituted maintenance association agreement needs to be revised to require improving, perpetually operating and maintaining all common facilities; including streets, drives, parking areas, open space and recreation facil i ties depicted on the requested master plan modification drawings. These documents are submitted to the Engineering Division, which coordinates review of the documents by the Planning and Zoning Department, Engineering Division and legal staff. After approval by page 2 Cedar Ridge PUD File # MPMD 94-009 February 2, 1995 (cont I d.) 11. staff, the documents shall be recorded, prior to final plat approval. 12. All previous, unresolved conditions of approval for the project are still in effect. 13. 14. 13. 14. 15. ~/ 1" . \" 16 . The approval of the master plan modification to omit lots 35 through 45, associated streets and Parcel "B" is subject to approval of the recently submitted rezoning application for assemblage of these lands with the Lake Worth Christian School to the north. A revised master plan which reflects all staff comments and conditions approved by the City Commission and Planning and Development Board shall be submitted in triplicate to the planning and Zoning Department, prior to permits being issued for any of the residential.developments within the PUD. upon approval of this request, the City Commission shall establish the fair market value of land within the PUD for purposes of calculating the recreation fees owed. To do this, it is recommended that verification of the 1993 purchase price be received. Per the comprehensive plan, roads within development projects shall align. At minimum, Redwood Court and Elm way shall form a proper intersection. The private recreation area shall be accessible to all units within the PUD. With the exception of item #1, which is superseded by Recreation and Parks Memorandum No. 95-048, the attached November 18, 1994 letter from Tambri Heyden to Dennis Koehler, itemizes additional requirements that must be fulfilled, prior to applying for building permits for any of the single-family units within the PUD. RECOMMENDATIONS 17. It is recommended to replat the entire project to vacate the blocks, lots, easements and public rights-of-way desired to be extinguished as depicted on the master plan submitted with this request. In lieu of replatting, an abandonment application shall be submitted and approved. 18. It is recommended to only have one chart that represents the setbacks for the project. 19. It is recommended that this master plan modification expire 18 months from the date of its approval by the City Commission, in the event an application for replatting of the multi-family section has not been submitted or an applicatio~ f0r site plan approval has not ~~~11 submitted or a time extension has not been filed or a subsequent master plan modification application has not been submitted. NOTE: If the above recommendations are approved, compliance shall be incorporated with the submittal of the revised master plan. a: MPMDCedar,mem ~~ j[!I~ ;'I!S"IJOi.i:..1--.'AJJ..;'''.;.;;....,''"'' ,," :",.~,< . I'" ~ ~~~. ,_,,"~,..~...~;": ,.;:l""::~ . "':,," .' : ,.;'~..' ~;> ,._:,:, ."""~~.'" .4<...__. .... " ~:.~~l~rf~io '.. , - ~lt;'t, "i J''''""~'~'''',, .. ~ ... -.T- >. ", .~. . Q. ~~ , _c;. '{ N7"p 1- I.J.. " 'om '\f' ,~. ,,/'~ ',< ';, '1 <J. .".Y- fJ1ie City of t.Boynton t.Beacfi lOOt:.~~~ ~.o. ~JIO ~~~ JJ425-oJl0 Citg ~ (<<11) 37UOOO !FlU: (<<11) 37UfJ!J() NO'/eml::er 16, 1994 Hr. Dennis P. Keehler, Esquire 1:80 North Congress AvenUe, Suite 213 W=st Palm Beacn, Florida 33409 RE: Cedar aidqe Estates - construction commencement cf singl:- family lota Dear Mr. Keehler: As COM..' ".4 to your office by phone on Nove!llJ:ler 10th, i-: ~~as ;1ecessa ,".' '. _ to coordinate a response from the c. ty. s develop aepartment (building and 3nqineerin~ divisions), utiliti.." partmen~. legal departmen~ and the pl~ninq and zoning department regarding your inqui=y as to what must be dc~e prior to applying for building per~its for the single-family lets within the Cedar Ridge Estates PUD. The following respon~e is provided: 1. Pa~~ent of the re~:l-eation and pa1.-kE fge in the amount .I:e;:uil-gd fOl. all units c\.ll-l.ell-:l'1 established Hithi:: ,;he PU:J o~ furn~sh a bond in the amount of 110% of the f~6 ~ef~renced, which shall bec=me a lien upon ~he PUD p~oper~y and shall be paid upon issuance ,f the first ce~ti=icate of occupancy. :2 . ~cmplet1on and acceptarice of all impro?e~en~3 (atr~e~s, swales, u~ilitiea, stree~ lighting, dra1nage st~UC~U~~E. commcn area landscaping and il-rigation; re'iu:.re:i wi ~i::.n the ?UD. In exchange, the City will wa1ve the stre~t li~tt1nq f~e which is equal to 125% c~ the value of tha ~t=e~t 1~ght3 (Sl,200.~O each). With regard to ut11i~ies, cert~fy tj~ existing water and sew~r systems, prior ~o turn1ng 0ver =c t~1-= C.i ty. ~ . At time of City accep~ance of any raquired imp~0vamect: j wal:::.ill ty bond fer a on= yeal- gua::..-all~:e pt::!r::.:>d., ';:-.:ill be d31ive~~d ~o th: :i~y in accorjauca with Article x:r. S~:tl~n 1 of thE C1ty'S SUb~~vl3~cn an~ platt1ng l"=:Julations. ;{mlrUa's (jattway to tlit (julfstrtam. '", I ~,""'''''''''''''''':_~~'-''''''''.i:.;;.",,..,:,,",.;i'''' J, 1-l1('~.",'. ,....".. ,:':'!!;"'" ..;.~.". ;~~.:~-,:'-'-; _:~~;..,:~-;;~<: ..t;1l~.. ,.;.<".--J; '.,,~ ~c..:...,_.,~ 3J!~ :'10, .-.... TO: Mr. Dennis Koehler -2- November 16, 1994 A~ prEviously discU3SEd with you and Mr. Joseph Basile, Jr., the property owner, the desire to delete from the POD, the land are~ enc~mpassed by single-family lots 35 - 45 and switching thE m~lti-family portion of tt.e PUD to a different unit type (may requi=e further replatti~g, rather than site plan approval, dependent on the type of unit proposed), requires replatting, a PUD mas~er plan modification and rezoning of the deleted lot area la~d for incorporation in~o the Lake Worth Christian School property to the north (additional approvals will be required for ;onstruction of the school's expansion). In exchange for compliance with items 1 - 3 above, the City is willing to allow bUilding permits to be applied for, prior to filing applications. fer the aforementioned procedures. Please contact me if you have questions or concerns pertaining to this r.latter. I",'~~,' ,:,',.::,',...~'" . n~~ "; ~~ ~ Sincerely, ~-a.~ Tambri J. ~en ?lanning & Zon~ng OirectJr tjh xc: Peter Mazzella, Assistant to the utilities Director William Hukill, Development Director James Cherof, city Attorney Carrie Parker, city Manager C:Kcehler