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LEGAL APPROVAL MINUTES - REGULAR CIT :OMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1994 Commissioner Aguila seconded the motion. Commissioner Katz asked Vice Mayor Matson if she would include his comments in the motion. Vice Mayor Matson added, "subject to staff comments". Paul Fenniger, 4085 Floral Drtve~ feels there are too many properties facing the homes on Floral Drive. He feels there should be a much larger buffer zone since the lots in his area are ~ acre lots. The number of units being placed'on 33 acres is horrible. Ltndsay Walter, Kilday and Assoctates~ said the proposed density of this project is 5.2 units per acre which is what is currently approved by the County. The proposed land use allows up to 7.26 dwelling units per acre. Mr. Walter stated that the applicant is in agreement with the conditions proposed including pro- viding 22' wide internal streets. Commissioner Katz pointed out that after dedications, the density will be closer to eight (8) units per acre. Mr. Walter agreed with this remark. Jeff Bennett, 4039 Floral Drtve~ expressed concern about his one-acre property. He is worried about what will happen to the entrance when the Gateway Boulevard widening takes place. He further pointed out that there is an elementary school just north of this location. Mr. Bennett also expressed concern with the "sardi ne" effect thi s project will have on the community. THERE W~S NO ONE ELSE WHO WISHED TO SPEAK ON THIS PROJECT. The motion carried 3-1. (Commissioner Katz cast the dissenting vote.) VII. PUBLIC AUDIENCE: This item was dealt with earlier in the meeting. ' VIII. DEVELOPMENT PLANS: A. CONSENT AGENDA - Unantmously Approved by Planning & Development Board 1. Project Name: Cttrus Park PUD Owner: Rafael Saladrigas, Val-Sal Investment Company, Inc. Location: East side of Lawrence Road, approximately 1.750 feet north of Gateway Boulevard (NW 22nd Avenue) DESCRIPTION: TIME EXTENSION: Request for a fifth time extension for six months to concurrency exemption and to filing a ftnal plat Motion Commissioner Aguila moved to approve the fifth time extension for six months to June 4, 1995 to Citrus Park PUD. Commissioner Katz seconded the motion, which carried 3-1. (Mayor Harmening cast the dissenting vote.) - 15 - .- MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 --- ~- ---"\ Ms. Frazier pointed out that this tank will be visible to the residents in the 1 neighborhood. In addition, she feels the existing 6' wall will ~'~rovide much of a buff . Ms. Heyden said that is the reason for re~iring add1ti al land- scapi ng. ' ''--'" " Bruce Mandtgo, D ctor of Engtneertng. Bethesda Memorial Hos al said so the past problems h the residents to t rear of the hospital "nvolved the mechanical building. r. Mandigo has spoke with the residents an advised the that some of the landsc ing has already been t in place in order minimize the impact of the structur Mufflers have been dded to the fans in e area of the incinerator and scrub to minimize the no In order to furt r mi e the noise, discussions ad taken place regar g building a giant all. However, he mufflers have lowered the noise down to jus below what the Cod requires. en the tank is put in pee, it will act as a additional barrier. A berm will b built around the tank a a Ficus hedge will planted. In discussions wit the neighbors, it was Mr. Mandigo's opinion th the residents would prefer the us hedge row rather tha looking at the scrub r and the incinerator. In response to a question am Ms. Frazier, Mr. Ma igo said this tank 1 not g erate any noise. FPL fep entatives in the audie e confirmed that Mo rola ha a similar tank which is ext ly quiet. Ms. Heyde said the tank at ' Moto 1a is currently in the penn process. The tanks w ch are located there are fo ydrogen and nitrogen. I I I i ! i I i I, \ \ I I In answer to r. Weigle'S question, Mr. peach color of e existing building. Chainman Lehnertz re sted that the applicant s the landscaping. Mr. Ma igo was agreeable. ; 11 match the non-Cypr~U1Ch in Mr. olden moved to approve the,mas plan modification for ethesda Memorial Hospit PUD, submitted by Greg Hall, amend the previously-a roved master plan to a ow a thermal water storage tan use an~ establish setbacks and height for the stru ure, subject to staff conment including the use of non-Cypress mulch. Vice C~ rman Dube seconded the motion,wh,1ch carried unanimously. i i I I I _ .....- C. 1. Project Name: Owner: Citrus 'ark PUn - CIIJrt: -9L/ -ODd- Rafael Saladrigas Val-Sal Investment Company, Inc. East side of Lawrence Road approximately 1,750 feet north of Gateway Boulevard (NW 22nd Avenue) Request for a fifth time extension for six months to concurrency exemption and to filing a final plat. Location: Description: - 13 - ------_.- ----_..__._.~----~" -.. . MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 Ms. Heyden made the presentation. The applicant is requesting an additional six months which will expire June 4, 1995 to extend their concurrency exemption and previously-approved preliminary plat. The last PUD master plan for Citrus Park was approved in 1989 for 113 single- family, detached zero-lot line units. The plat was approved in 1990, and since then there have been several time extensions granted. Because the project was approved prior to the Concurrency Ordinance, it is exempt from all levels of service. Our Concurrency Ordinance states that a preliminary plat is valid for one year. After that point, the applicant must apply for final plat approval and, within eighteen months, the applicant must record the final plat. The last extension which was granted for one year expired December 4, 1994. The applica- tion for this extension was submitted prior to that date and, therefore, it was submitted timely. There is a contract to purchase the property and a final plat has been submitted to the Development Department and is currently under review. It should go to the City Commission either next Tuesday or the following City Commission meeting. The Technical Review Committee recommends approval of the six months' time extension subject to payment of water and sewer reservation fees and the prop- erty being maintained. Those issues are discussed in Utilities Department Memorandum No. 94-376 and Fire Department Memorandum No. 94-301. Staff recom- mends approval subject to those two memoranda. Chairman Lehnertz wondered how many more times this will come before the Planning and Development Board, and pointed out that if it comes before the Board again for the same purpose, there would be reasonable ground for denying another time extension. Louts Campanellt. eeL Consultants. rtDrtSenttna the new owners of the DroDerty. offered to address any questions or comments. In response to a question from Chairman Lehnertz, Mr. Campanelli advised that the property was sold about three weeks ago and a construction loan is being pursued. That construction loan is contingent upon concurrency approval. Once that is done, the fees for the final plat will be paid and the final plat will be recorded. The new owners want to begin breaking ground next week. Vice Chairman Dube asked about the development company and was told that Target Development Company, Coral Springs, is the developer. Ms. Frazier questioned whether or not these units will be rental units. Ms. Heyden advised that they are not. Motton Vice Chainman Dube moved to recommend the approval of the fifth time extension for Citrus Park PUD by Val-Sal Investment Company for six months to concurrency exemption and to the filing of a final plat, subject to staff comments. Mr. Golden seconded the motion, which carried unanimously. - 14 - MINUTES - REGULAR cr' - COMMISSION MEETING BOYNTON BEACH, FLORI.,,,, FEBRUARY 1, 1994 ~, feet are held to the fire and they decided they cannot do it, they will walk ~ away and the City will be left with an empty building which will not be main- tained and will be of no use to anyone. This is a Catch-22 situation for the City. The motion carried 5-0. Mr. Rosenstock pointed out that this request was approved with a freestanding sign. G. Consider request submttted by Watenllrk Group, Inc. (Cttrus Park, PUD) reference Recreattonal Fee Credtt Issue Vince Finizio said that on subdivision of platting, the City Codes require a developer to provide dedicated land for a park, give a fee in lieu of a land dedication or, in some cases, that he construct five approved amenities. If he constructs the five amenities, the developer can get half credit on his fee. The developer is not sure of the marketing stance his company will take relative to this subdivision. Mayor Harmening realized that the developer's request is for a guarantee up front that he will get half his money back if he decides to build recreation on site. Mr. F1niz1o said the developer is willing to pay the entire fee up front in order to comply with Codes. City Manager Miller referred to Recreation & Park Memorandum #94-031 which states conditions and comments from Mr. Frederick. Commissioner Katz disagrees ~ with Mr. Frederick's comment #2 and suggests the City take the cash up front and use it as a bargaining chip. Motion Vice Mayor Aguila moved approval. Mayor Pro Tem Matson seconded the motion. which carried 4-0. (Commissioner Walshak was away from the dais.) C. Consider request submttted by Amertcan Legion Post 164 for a waiver of the fee required for stte plan revtew Motion Commissioner Katz moved to approve. Vice Mayor Aguila seconded the motion, which carried 4-0. .(Comm1ss10ner Wa1shak was away from the dais.) D. Discussion regardtng Citrus Glen Commissioner Walshak said that on August 26, 1993, a special City Commission meeting was conducted. In researching his records, he could not find any indi- cation that he was ever advised of the meeting. He and Vice Mayor Aguila were absent from that meeting. The City Clerk stated there was no indication that either he or Vice Mayor AgUila were contacted. That meeting dealt with the fact that a signed Stipulation Agreement ended the lawsuit with the developers of Citrus Glen and the dropping of a counter claim between Citrus Glen and the City. The Stipulation Agreement released $276,000 - 16 - , iI , ,..... . ",.~ t# .'" & 'J. [I J II) ',,} ,,,}',. .' r--' ,I) ~;;:~ :~;~~~'t:~~ !/'\/,-r;~J1~ ~ /.~j~:U~ ltLtk. RESOLUTION NO. R95-~' _ .tJuW:-- C'-l:. -t ' .-.J.:...,...4--l....~ f) ~ ',;:' \ .. A RESOLUTION OF THE CITY COMMISSION O~L -/~) /'\)L~-t~~ . THE CITY OF BOYNTON BEACH, FLORIDA, , REQUESTING THAT LAWRENCE ROAD BE'IWEEN GATEWAY BOULEVARD AND HYPOLUXO ROAD BE ADDED TO THE PALM BEACH COUNTY FIVE YEAR ROAD IMPROVEMENT PROGRAM. I II WHEREAS, Lawrence Road is a designated public road belonging to Palm Beach County; and 'I WHEREAS, over 1,680 units have been approved :: for development by both the City of Boynton Beach and Palm Beach County; and WHEREAS, these developments when constructed, will 1 considerably exceed the threshold level of trips for Level of Service "D" on Lawrence Road; and WHEREAS, these developments will pay to Palm Beach County I traffic impact fees in excess of 2.5 million dollars; and WHEREAS, if this road is not constructed concurrent with development, the City of Boynton Beach residents will suffer I for the estimated 2 to 4 year design and construction time table with a severely overcrowded, unsafe roadway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMKISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, requests inclusion of Lawrence Road on the County IS Five Year Road Program to begin the planning and design process for the road widening. Section 2. That the County agrees that the impact fees currently being collected from the developments impacting Lawrence Road be utilized to partially fund the road improvements required by these developments. ,I I !I :1 PASSED AND ADOPTED this a?/ day of March, 1995. 'I ! ATTEST: ': I ("2--,~ ~ ~/a/~ rIG. ..b.2~ : Ci.t:y Clerk I CI~Y OF BOYNTON BEACH, FLORIDA . (,' >" //;" ' /.. II' <.,-,..!_r< /' / '[<.': I( (!( .1 (_ '" /, r'\../ ~ ." L- t to # yo.r pr~ I T~..- ,~ ..C c'-,..r'~vl/C,,- Commissioner . , I,' J r lik~. C';!. ~'L~tC. . . Commi ~6ner .J :1 i, :i II Authsig.doc Support.Lawrence Road J/17/9S