LEGAL APPROVAL
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RESOLUTION NO. R95-9/
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING
A REQUEST BY KILDAY & ASSOCIATES, INC., TO PALM
BEACH COUNTY FOR ROADITRAFFIC IMPACT FEE
CREDITS FOR THE CONSTRUCTION OF KNUTH ROAD;
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Boynton Beach Comprehensive Plan, Ordinance 89-38,
. identifies Knuth Road as a City Collector; and
WHEREAS, the City of Boynton Beach has obtained and protected the right-of-
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': way for Knuth Road as part of its adopted Thoroughfare Plan; and
WHEREAS, Knuth Road provides a critical north/south alternative to Congress
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! Avenue between Woolbright Road and Old Boynton Road; and
: i WHEREAS, the City of Boynton Beach has approved Knuth Road PCD
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: (Ordinance 090-70) and Tara Oaks PUD (Ordinance 090-75) and subsequently
'I granted time extensions as amended, which both front on Knuth Road; and
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WHEREAS, the City of Boynton Beach has required petitioners of Knuth Road
I PCD and Tara Oaks PCD to construct the missing link of Knuth Road between Boynton
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Beach Boulevard and Woolbright Road; and
WHEREAS, the construction of Knuth Road is considered part of completion of
the major road network of the City of Boynton Beach; and
WHEREAS, the citizens of Boynton Beach and unincorporated Palm Beach
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. i County will benefit from the completed link of Knuth Road between Woolbright Road
and Old Boynton Road; and
WHEREAS, Article 10.1 X.1.g. of the Palm Beach County Unified Land
Development Code provides impact fee credits where construction of a portion of a
major road network is proposed; and
WHEREAS, the City of Boynton Beach has determined that the construction of
Knuth Road meets the standards for credit of road impact fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
does support the request by Kilday & Associates, Inc., to Palm Beach County for
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II road/traffic irnpa1 fee credits for the construction of Knuth Road.&
I Sal;\jon 2. Th~ Resolution shall become effective immediately upon passage.
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!: PASSED lAND ADOPTED this ~ day of June, 1995.
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CITY OF BOYNTON BEACH, FLORIDA
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Mayor
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:1 ATTEST:
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i Ci. Clerk
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
to 260 feet north of Woo1br1
an cut on S.W.
provide a
relocated
er advised that staff recommended keep
nee an agreement has not yet been finalized.
Tara Gaks PUD - TABLED
Kieran Kilday
Northeast corner of Knuth Road extended and
Woolbright Road .
T1.. Extension: Request for approval of an 18
month retroactive and an indefinite time extension
for zoning/master plan approval and concurrency
exemption/certification
City Manager Parker advised that this item is ready to come off the table.
2.
Project:
Agent:
Location:
Description;
Motion
Mayor Pro Tem Matson moved to remove this item from the table. Vice Mayor
Bradley seconded the motion which carried 5-0.
The owner of the subject property, Bill Winchester, his attorney Michael
Schroeder, and Tim Hernandez of Pu1te Homes were present.
Mr. Kilday represented Bill Winchester, the owner of the Tara Oaks PUD property.
He stated that the. property is a very large linear piece of property located to
the east of Quail Ridge and to the south of the project originally known as
Stonehaven. The property extends all the way down to Woolbright Road. As part
of the conditions of approval, a culvert crossing has been constructed over the
canal which will allow access to the property from Woolbright Road.
The project as it currently exists was approved after extensive public hearings
in 1990, with final approval occurring in December, 1990. About the time it got
through the approval process, the economic condition of the real estate industry
deteriorated and the owner of the property has been struggling with the prop-
erty. Previous extensions have been approved for this project with very little
activity in the last year or so. The project sat there donmant and no exten-
sions were requested until this past year.
The project was approved with a medium land use density and 192 two-story garden
apartments as well as a church on the south portion of the site.
Mr. Kilday advised that the owner and his attorney diligently tried to move
ahead. Various activities occurred on the site, the most significant of which
was that the right-of-way for Knuth Road along that entire frontage was dedi-
cated to the City and is now the necessary right-of-way to allow for the
construction of Knuth Road. Penmits were issued for the clearing of the right-
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MINUTES - CITY COMMISS1\At MEETING
BOYNTON BEACH, FLORIDA
APRIL 18, 1995
of-way and that clearing has taken place. Pennits were lssued from the Lake
Worth Drainage Distrlct to lnstall a culvert crossing at the south end of the
property. The culvert crossing is now place. Road construction funds were
placed 1n escrow to allow for the first phase of Knuth Road to be constructed
alongside the site for the proposed church. In fact, the slte of the church was
sold to a church who intends to build a church on that property. Mr. Kilday
stated that the owner dld as much as he could wlthout havlng a residentlal user
for the balance of the site.
Mr. Kilday discussed some issues that arose at the Technical Review Committee
meeting. He said he asked for an indefinite time extension because they have
been approved previously. However, the TRC recommended an 18 month extension,
which he felt was more than'adequate. He advised that a new traffic report was
submitted to the City and the County, and this project meets the 1995 con-
currency standards of Palm Beach County.
Mr. Kilday advised that negotiations have been finalized and Pulte Homes intends
to develop this property. However, they would like to develop townhouses (for
sale units) on the site instead of garden apartments (rentals). He said Pulte
Homes intends to submit an amended master plan witbtn the next four months,
assumlng a tlme extension 15 approved.
Mr. Kllday stated that significant negotiations were made with the surrounding
developments. Based upon the approval in place, there is an ex1stlng agreement
with the Stonehaven Homeowners' Association (the Banyan Creek single-family area
to the north) to provide a 40 foot setback from the property line and the clo-
sest building, a 25 foot buffer on the south side of the canal, and to construct
a masonry wall on the north side of the canal and the installation of
landscaping on the north side of the wall. This agreement will stay in place
with the new development.
Mr. Kilday stated that the second half of the Stonehaven PUD was a multi-family
project with 288 units on 30 acres. Therefore, the density of that portlon of
Stonehaven south of the canal is 9.6 units per acre, consistent with the approv-
al of 9.5. The Clipper Cove Apartments is moderate density which allowed up to
7.26 units per acre. The property to the south (the Lakes of Tara PUD) is the
lowest density and is single-family homes on zero lot lines with a density of
3.8 units per acre. The plan that was previously approved had the residential
element to the plan, extending from southwest Congress Avenue north, and the
land to the south of this road was the land set aside for the church.
An agreement was made that southwest Congress Avenue, whlch in previous plans
was going to extend to Knuth Road, be tenninated at thls point. Therefore, the
access to this property will be from Knuth Road. As a condition of approval,
Knuth Road would be constructed and would be a reliever/collector within the
City and is subject to impact fee credits. The road between this project and
the other two projects (the Knuth Road PCD and the Boynton Beach Boulevard PCD)
will extend from Woolbright Road to Boynton Beach Boulevard. There is also an
approved new alignment in the County that at some point when the land between
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MINUTES - CITY COMMISSI~ MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
Boynton Beach Boulevard and the mall gets developed, Knuth Road would swing
slightly to the east and would enter at the westerly mall entrance and be
aligned to that.
In response to Mayor Pro Tem Matson, Mr. Kilday advised that the units will be
attached townhouse units. They will be two stories with a fee simple ownership.
Mayor Pro Tem Matson commended Mr. Kilday for anticipating the residents'
problem and taking the time to meet with the homeowners before appearing before
the Conmission.
Vice Mayor Bradley did not foresee a problem with approving a limited time
extension; however, he desired that the density would be lowered. Mr. Kilday
stated that the contract with Pulte Homes is based on the 192 units. He pointed
out that the Commission will have a chance to review the plan. He also pointed
out that the unit count is within the medium range, on the top end. He felt
Pulte Homes should be given the opportunity to work on the master plan to see
how the units work out.
City Attorney Cherof asked Mr. Kilday if a previous extension had been granted
on this property. Mr. Kilday answered aff1nmat1vely. City Attorney Cherof
asked him when it expired. Mr. Kilday said it expired in June of 1993. City
Attorney Cherof asked if this application for an extension was made before or
after the expiration date. Mr. Kilday said it was made after the expiration
date. City Attorney Cherof askedh1m for an explanation as to Why the applica-
tion for extension was not made during the pendency of the previous application
and extension. Mr. Kilday said there was a lot of confusion, some of which was
in his office, as to whether we used up all our extensions at that point in
time. . .
City Attorney Cherof asked Mr. Kilday if he or any of the people with him
tonight know what the fair market value of the property is. Mr. Kilday did not
know the fair market value of the property. He assumed that the people with him
know the fair market value. However, he was not sure they want to announce it
to the world tonight.
City Attorney Cherof asked Mr. Kilday if he anticipates, in conjuntion with the
sale of the property to Pulte Homes, that a master plan modification will be
offered to the C1ty. Mr. Kilday answered aff1nmatively and stated that it will
be submitted very shortly.
Ms. Heyden stated that the PUD master plan and zoning that was approved in 1990
expired with a medium density residential land use category on it. The request
at that time was inconsistent with the Comprehensive Plan; therefore, staff
recommended denial. However, the City Commission approved it and accordingly,
the Comprehensive Plan was amended.
Ms. Heyden advised that strict reading of the Code states that retroactive time
extensions cannot be processed. They must be submitted timely. Before they
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MINUTES - CITY COMMISSl~.~ MEETING
BOYNTON BEACH. flORIDA
APRIL 18. 1995
expire, an application must be submitted to the Planning and Zoning Dep'artment.
However, the TRC recommended approval until June 18, 1996. The significance of
that date is that the Evaluation and Appraisal Report of our Comprehensive Plan
is due before this date. It has to be adopted by August of 1996. Therefore,
well before that time, staff will have identified vacant properties in the City
for any changes that have occurred on them or the necessity to make changes on
the land use. Also, concurrency will be met at the next stage in the process.
Jonathan Dwork, 154 Orange Drive, liked this project. Howver, he felt the den-
sity might be different and, therefore, it should be treated as a new applica-
tion. He stated that the City has been approving concurrency exemptions when
they do not have the authority to do so.
City Manager Parker stated that the two issues before the Commission tonight are
the time extension and concurrency. Pursuant to the new Land Development
Regulations, the City required an updated traffic study. The updated traffic
study showed that this item meets concurrency as of today. Therefore, the
applicant is not requesting concurrency exemption because it meets current con-
currency standards. Pursuant to the new procedures, if an application is more
than six months old, the City will request an updated traffic study and provide
that traffic data infonmation to the Commission as part of the application pro-
cess.
City Attorney Cherof stated that Appendix A of the Code deals with zoning issues
and states that if the 18 months expires, the Commission has the authority to
grant an extension for one year or more or to extend the zoning of the property
indefinitely or, alternatively, the Commission can direct the City Manager to
file an application for a more restrictive zoning district and/or Future Land
Use Map category.
Vice Mayor Bradley asked at what time the issue of density could be discussed.
Mr. Kilday said the extension would allow the applicant to file a modification
of the master plan, which the Commission would have to approve. He said density
could be discussed at that time.
City Manager Parker disagreed with Mr. Kilday's interpretation. She stated that
at this point, a master plan modification cannot be filed. However, if the
Commission approves the time extension, the maximum density allowed under the
medium designation is 9.68. She did not believe staff would have any ability to
request a lower density on the site if the applicant came in to meet the code
requirements of 9.68 and all other building code requirements and setbacks,
etc.
City Manager Parker suggested several options. The applicant could be given a
very short-tenm time extension to allow him to submit a master plan and go
through an approval process; they could be given another three months to work
out a lower density; or this item can be tabled and she can discuss density with
the applicant, at the Commission's direction. She pointed out that the new
owner may need a chance to review the situation from a financial land use
planning situation.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. flORIDA
APRIL 18. 1995
Mr. Kilday advised that he does not need an 18 month time extension, but.he felt
a three month time extension would probably be cutting it close. He felt a safe
time extens10ri would be nine months. He would like t~ look at the overall plan
and decide whether a density reduction is necessary.
Vice Mayor Bradley asked Mr. Kilday how he felt about City Manager Parker.s
suggestion to table this item and try to reach a compromise with regard to the
density. Mr. Kilday stated that density had not been an issue until now. He
preferred to present a master plan to the Commission. He pointed out that the
Commission does not have to approve the master plan if they are unhappy with the
density on it. He also pointed out that even without an extension, given the
medium land use density, they could come in at" that same density and the same
issue would be applicable.
Michael Schroeder, attorney for Bill Winchester, advised that this property has
been marketed since 1989/1990 without success. It is not a very well-shaped
piece of property. It is very long and narrow and it is very difficult to lay
it out. A buyer was finally able to be found and a contract has been signed.
However, in order to get Pulte Homes to sign the contract. a condition was made
that they would be able to built 192 townhouse units on the property.
Mr. Schroeder said Pulte Homes puts out a top quality product which would be a
great addition to the City. He felt the neighbors would be much happier with
this product than with two-story rentals. He was concerned about losing this
project if density is lowered. He felt it would be shortsighted of the City to
lose this opportunity, not just because of. the quality of the product, but
because this would be the first step towards getting Knuth Road built. He
pointed out that other projects along this corridor that were approved in the
past were not required to build their portion of Knuth Road.
Tim Hernandez, Vice President of the South Florida division of the Pulte Homes
Corporation. stated that he cannot make this product work at a lower density
because the property is difficult to work with. He advised that the people that
Pulte Homes envisions buying these townhouses are young professionals whose
income ranges between $30,000.00 and $50,000.00 a year. He stated that the
price of the land is not the driving factor in the economic feasibility of this
deal. The factors include the per unit cost of constructing Knuth Road, the per
unit cost of constructing recreational amenities for this community, the infra-
structure, including the lake retention, and relocating the gopher tortoises.
He felt this CGlmun1ty will be an asset to the City of Boynton Beach. He said
he may need 192 units to make this work. He assured the Commission that if he
does get 192 units on the site, it is going to be done with all the proper land-
scaping, buffers, and entry features. It will be attractive and appealling. He
stated that if he needs to, he will drop a few units to make it work. However,
he could not say anymore at this point without having gone through the whole
site plan process.
Vice Mayor Bradley felt it will be a good prOduct and the project will be a nice
addition to the City. He appreciated Mr. Hernandez. willingness to at least
consider a lower density. He asked if the applicant would agree to a seven
month extension.
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MINUTES - CITY COMMISSICM MEETING
BOYNTON BEACH. flORIDA
APRIL 18. 1995
Mr. Hernandez was agreeable to a seven month extension if staff and the
Commission could assure him that he would be able to go through the process in
that period of time.
Mayor Pro Tem Matson pointed out that Pulte Homes did a remarkable job in reha-
bilitating the Meadows. She was in favor of granting an extension for nine
months.
Mr. Kilday was agreeable to a nine month extension. He pointed out that some
penmits also have to be obtained from outside the City and sometimes there are
delays. He was also agreeable to a seven month extension if further small
extensions would be allowed to get the applicant to platting.
Mayor Taylor was not really in favor of granting extensions. He cautioned the
applicant to ask for whatever time he feel he needs now so that he does not have
to ask for another time extension. Mr. Kilday felt comfortable that nine months
would cover any contingencies and prevent him from having to come back to the
Commission.
Motton
Mayor Pro Tem Matson moved to approve the request of the Tara Oaks PUD retroac-
tive extension fram June 18, 1993 to April 18, 1995 with a nine month time
extension for zoning/master plan approval. Commissioner Jaskiewicz seconded the
motion which carried 5-0.
3. Project:
Agent:
Location:
Knuth Road PCD - TABLED
Kieran Kilday
Southwest corner of Knuth Road a
Boulevard
Tt.. Extenston: Reques
month retroactive an indefinite time extension
for zoning/master an approval and concurrency
exemption
Boynton h Boulevard PCD - TABLED
Kieran Kild
South side of
Boulevard and Win ter Park Boulevard
Ttme Extenston: Requ for approval of an 18
month retroactive and an definite time extension
for zoning/master plan app 1 and concurrency
exemption
lday requested that this item remain tabled for an additional 30 days in
r to address some concurrency issues that the Planning and Development Board
ted addressed.
for an additional 30 days in
Planning and Development Board
Mr. Kilday requested that th
order to address same concurre
wanted addressed.
4.
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MINUTES OF-- IE PLANNING AND DEVELOPMENT 801 MEETING
HELD IN COhdSSION CtweERS. CITY HALL. BOn.rOH BEACH.
FLORIDA~ ON TUESDAY, APRIL 11. 1995. AT 7:00 P.M.
PRESENT
Stanley DUbe, Vice Chainman
Dave Beasley .
Robert Elsner
Jim Golden
Chri s Reitz
Maurice Rosenstock
Lee Wische
Tambri Heyden, Planning and Zoning
Director
Mike Rumpf, Senior Planner
Mike Haag, Zon1ng & Site Development
Administrator
Pat Frazier, Alternate
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1. PLEDGE OF ALLEGIANCE
PLANNING AND
ONING DEpt
ABSENT
Vice Chainman Dube called the meeting to order at 7:05 p.m. The Pledge of
Allegiance to the Flag was recited.
2. INTRODUCTION OF MAYOR, COII4ISSIONERS, AND BOARD MEleERS
Vice Chainman Dube introduced Commissioner Sidney Rosen who was in the audience,
and the Board members.
3. AGENDA APPROVAL
Motion
Mr. Golden moved to'approve the agenda as presented. Mr. Rosenstock seconded
the motion which carried 7-0.
4. APPROVAL OF MINUTES
Mr. Golden submitted a number of changes to the minutes of the March 14, 1995
meeting to the recording secretary. Those changes were as follows:
In the middle of the third paragraph on page 4, a sentence was corrected to
read, IIHe felt these are pure speculative ventures; the purpose being to
increase land walues..
The motion on page 7 was corrected to read, "Mr. Golden moved to recommend
denial of the time extension for the Tara Oaks PUD and recommend that the City
reevaluate the appropriate zoning for this parcel as part of the Evaluation and
Appraisal Report.1I
The last sentence on page 8 was corrected to read, "It seemed to Mr. Golden that
the City would be putting itself in a potential legal bind if a service station
is no longer allowed and a retroactive time extension is approved."
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...._.._ ....,,, wCYt.LuPMENT BOARD MEETING
80YNTON BEACH, FLORIDA
APRIL 11, 1995
The second sentence on page 10 was deleted.
The next to the last paragraph on page 11 was corrected to read, "Mr. Kilday
pointed out that the Boynton Beach Mall was approved in 1974 and got constructed
ten years later. Mr. Golden pointed out that that was a DRI and has more in the
way of vested rights."
The last sentence in the third paragraph on page 15 was corrected to read, lilt
appeared to Mr. Golden that the additional driveway is being driven by the bank
being changed to a fast food restaurant with a drive-through window."
Mot1on
Mr. Rosenstock moved to accept the minutes as changed. Mr. Golden seconded the
motion which carried 7-0.
5. COtt4UNICATIONS AND ANNOUNCEMENTS
A. Report fram Planning and Zon1ng Department
1. Final disposition of last month's agenda tt-.s
Ms. Heyden reported that at the applicant's requestt the Boynton Beach Boulevard
PCD, the Knuth Road PCD, and the Tara Oaks PUD requests for time extensions were
tabled by the City Commission until April 1St 1995.
In addition, the City Commission approved dental laboratories as a conditional
use in the C-1 zoning district.
2. Land Development Regulattons
Ms. Heyden stated that the new Land Development Regulations are being printed
and the members of this Board will receive copies of them with their next 'agenda
packets.
B. Fi11ng of Quarterly Report for Site Plan Wlivers and Minor Site Plan
Modifications
Ms. Heyden adv1sed that pursuant to the City's site plan review ordinancet the
Planning and Zoning Director must file a quarterly report on the site plan
waivers and minor site plan modififcations that have been processed administra-
tively by staff. She confinmed for Vice Chainman Dube that just because a
request is listed on this report does not mean it was approved.
6. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
After a brief discussion regarding whether or not to hold the election this
evening, Vice Chainman Dube opened nominations for Chainman of the Board.
Mr. Wische nominated Maurice RosenstocK as chainman. Mr. Golden nominated
Stanley Dube as chainman. Stanley Dube was elected chainman by a vote of 4-3.
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"..~-
MINUTES - CITY COtI4ISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 21, 1995
Description: land use Element Amendment/Rezoning: Request for a map
amendment to the Future land Use Element of the
Comprehensive Plan from Medium Density Residential to
local Retail Commercial and rezoning from R-2 (Single
and Duplex Dwelling District) to C-2 (Community
Commercial).
City Manager Parker advised that this item has been continued to the April 11,
1995 Planning and Development Board meeting, and will appear on a subsequent
City Commission agenda.
VII. PUBLIC AUDIENCE
W11da Searcy, 402 N. E. 13th Avenue, made comments about the election. She also
commented that she would like Hester Center open seven days a week so that the
children can have a place to go for entertainment. She also made comments about
the drug situation in the north end of the City, and spoke about people parking
on both sides of the street from Railroad Avenue to Boynton Beach Boulevard,
blocking that area.
Bill Perone, 209 Citrus Trail, felt the City is catering to developers.
No one else wished to speak. Therefore, Mayor Hanmening declared the Public
Audience closed.
VIII. DEVELOPMENT PLANS
A. Consent Agenda - Unanimously approved by the Planning and Development
Board
None.
B. Non-Consent Agenda - Not unanimously approved by the Planning and
Development Board
Tara oaks PUD
Kieran Kilday
Northeast corner of Knuth Road extended and
Woolbright Road
Time Extension: Request for approval of an 18
month retroactive and an indefinite time extension
for zoning/master plan approval and concurrency
exemption/certification
This item was tabled until the April 18, 1995 City Commission meeting.
1. Project:
Agent:
location:
Description:
2. Project:
Agent:
location:
Knuth Road PCD
Kieran Kilday
Southwest corner of Knuth Road and Boynton Beach
Boulevard
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MINUTES OF THE CITY COMMISSION MEETING HELD IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, MARCH 21, ~995, AT 6:30 P.M.
PRESENT
Edward Harmening, Mayor
Lynne Matson, Vice Mayor
Matthew Bradley, Mayor Pro Tem
Shirley Jaskiewicz, Commissioner
Sidney Rosen, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS
A. Call to Order
B. Invocation - James E. Henry - Deeper Life Fellowship Full Gospel
Church
C. Pledge of Allegiance to the Flag
Mayor Harmening called the meeting to order at 6:J1 p.m. James E. Henry of the
Deeper Life Fellowship Full Gospel offered the invocation. The Pledge of
Allegiance to the Flag was led by Mayor Harmening.
D. Agenda Approval
1. Additions, Deletions, Corrections
Mayor Pro Tem Bradley tabled Item IX.B.1 (Authorization for Goal Setting Team
Building for the City Commission and City Department Heads) until the next
meeting. He felt this item should have the new mayor's input. He replaced
this item with an update on the Poinciana Elementary $chooi Ma~nct, and added
Item IX.B.2 (Update on the Funding for the Boynto~ Commun~ty Life Center).
Vice Mayor Matson added Item IV.A.2 (Pennies fOr P.A.L.) and Item IV.A.J (Easter
Egg Hunt Extravaganza). She changed iteril IX_A~2 to read, "Two Re-sol utions
Pertaining to Lawrence Roadu. She also added Item IX.A.J (Florida League of
Cities Legislative Session).
Commissioner Rosen asked that Item III.C.J be tabled. City Manager Parker asked
Mark Law of the Utilities Department if there is a timetable on the Joint
Participation Agreement. Mr. Law advised that a specific deadline was not \.
given. Q~
City Manager Parker deleted Item III.B.J. She explained that this needs to be~
rebid because it is not a one-year extension for the same product. ~~-
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City Manager Parker advised that she received a letter from Kilday & Associates,
requesting that Items VIII.B.1, VIII.B.2 and VIII.B.J be tabled until the
April 18, 1995 meeting. Mayor Harmening was not in favor of tabling these
items. Vice Mayor Matson felt the Commission should honor the request to table
because the letter states that an additional thirty days is needed to solidify
timetables for development. In addition, she did not think the Commission
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 21, 1995
should vote on this matter without the applicant making a presentation. Mayor
Hanmening pointed out that their current concurrency in all of their master plan
approvals expired months ago. Therefore, they are in arrears.
Motion
Vice Mayor Matson moved to table Items VIII.B.l, VIII.B.2 and VIII.B.3 until
April 18, 1995 City Commission meeting. Mayor Pro Tem Bradley seconded the
motion which carried 4-1. Mayor Hanmening cast the dissenting vote.
City Attorney Cherof requested that Item VI II .B.4 be tabl ed so i~{f)i ~~t~tfbe
discussed at a shade meeting this Friday at 3:00 p.m. He added Item X.D.l
(Update on the Finizio Appeal).
2. Adoption
Motion
the
;_{:: D; -,.'..; f ',~
Vice Mayor Matson moved to approve the agenda as amended. Mayor Pro Tem Bradley
seconded the motion which carried 5-0.
II. ADMINISTRATIVE
A. Appointments to be made
Appointment
To Be Made
II Bradl ey
II Bradl ey
III Jaskiewicz
I I Bradl ey
II Bradl ey
III Jaskiewicz
I Rosen
III Jaskiewicz
IV Matson
Mayo r Ha nmen 1 ng
I Rosen
IV Matson
I Rosen
II I Jask i ewi cz
Mayor Hanmening
I Rosen
Regl
Boa rd A 1 t
Education Advisory Board Alt
Board of Adjustment Alt
Cemetery Board Alt
Education Advisory Board Alt
Board of Adjustment Reg
Nuisance Abatement Board Reg
Civil Service Board Alt
Education Advisory Board Reg
Education Advisory Board Reg
Planning & Development Alt
Code Enforcement Board Reg
Senior Advisory Board Reg
Education Advisory Board Reg
Community Relations Board Alt
Community Redev. Adv. Brd. Reg
Children and Youth Adv. Brd. Reg
Length of Tenm
Expiration Date
Tenm expires 4/95 TABLED
2 yr tenm to 4/96 TABLED
1 yr tenm to 4/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 4/97 TABLED
Tenm expires 4/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 9/97 TABLED
Tenm expires 4/96 TABLED
Tenm expires 6/95 TABLED
Tenm expires 4/95 TABLED
Tenm expires 8/95 TABLED
Tenm expires 4/96
All tabled appointments were left on the table. Commissioner Rosen tabled his
appointment to the Children and Youth Advisory Board.
- 2 -
MINUTES - PLANNING AND .. VElOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
MARCH 14, 1995
3. AGENDA APPROVAL
Chainman Lehnertz referred to a letter from Jim Zengage, requesting that Item
7.A.1 be rescheduled until April 11, 1995.
Motton
Mr. Golden moved to continue the public hearing for the Mainstreet Car Wash,
Item 7.A.l, to the April 11, 1995 Planning and Development Board meeting. Vice
Chainman Dube seconded the motion which carried 7-0.
Motton
Vice Chainman Dube moved to accept the agenda as amended. Mr. Golden seconded
the motion which carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report fraa Planning and Zoning Department
1. Final disposition ot last IOntb.s agenda itlll
Ms. Heyden reported that the City Commission approved the Whipowill Anms site
plan and landscape appeal, subject to staff comments, putting gates on the
dumpster, and deleting the Engineering Department's comment regarding putting in
gravel in lieu of grass. The Commission felt that more landscaping needed to be
installed around the foundation landscaping and entrance landscaping. Approval
was also subject to compliance with the Community Design Plan that is in effect
at the time the penmit is pulled.
Ms. Heyden reported that the City Commission approved the Brisson Medical Office
Building site plan and landscape appeal, subject to staff comments and putting
in a dumpster with gates. Furthenmore, rather than adding a second egress as
recommended by this Board, they felt the dumpster truck could live with one
driveway. They thought it would be best to just add additional landscaping on
all sides of the building (foundation landscaping) and enhance the elevations of
the building. They felt a second egress was not necessary. Approval was also
subject to a sketch submitted by Commissioner Aguila.
6. OLD BUSINESS ~
A. T1.. Extensions (postponed from February 14, 1995 Meeting)
1. Project:
Agent:
Location:
Description:
Tara Oaks PUD
Kieran Kilday
Northeast corner of Knuth Road extended and
Woolbright Road
Request for approval of an 18 month retroactive and
an indefinite time extension for zoning/master plan
approval and concurrency exemption/certification
- 2 -
''!''
MINUTES - PLANNING AND Of' ',OPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
MARCH 14. 1995
Ms. Heyden advised that Kieran Kilday. the agent for Bill Winchester. the prop-
erty owner of the Tara Oaks PUD. requested an indefinite time extension for the
PUD zoning/master plan approval and also their concurrency exemption and certi-
fication for the project. The project's most recent master plan consists of 192
multi-family units on the north portion of the property. a recreation area and a
church on the balance of the property. The church is 20.000 square feet.
On June 21, 1988, the City Commission approved rezoning of the property from
R-1-AAA to PUD to allow for 78 single-family detached units. On December 18,
1990. the City Commission approved a land use element amendment to change the
land use designation from low density residential to mediwn density residential
and also to rezone the property from PUD with a land use intensity of 4 to a
land use intensity of 5.
The project is concurrency exempt and has certification. They were certified
for traffic at the time of the 1990 approval. They were exempt from drainage
and neighborhood parks.
On June 2, 1992, the Commission approved a request to allow construction of the
south portion of Knuth Road prior to a preliminary plat being filed. On
June 16, 1992, the Commission granted a one-year time extension that extended
the project's June 18, 1992 expiration to June 17, 1993. No application for
extensions were made since the June, 1993 expiration, until the subject exten-
sion. which was filed in November. 1994 (a period. of one year and five months).
On April 8. 1993, the Commission approved a master plan modification to amend
one of the conditions of approval which allowed the responsibility of construc-
tion of Knuth Road to be shared between the Tara Oaks PUD and the Knuth Road
PCD. There are a couple of exceptions to the Code that apply to this particular
type of request. One states that requests for time extensions may be filed not
later than 60 days after the expiration of the certificate or exemption. The
other section of the Code states that time extensions may be granted for any
length of time which does not exceed one year.
Regarding the previous exemption to the current drainage and neighborhood parks
levels of service, the project would meet current drainage and neighborhood
parks requirements evaluated against those today. Traffic would meet the
current traffic perfonmance standards ordinance.
The Code also states that the City Commission shall review any rezoning approval
that has expired for~a planned zoning district. The City Commission may extend
the zoning of the property for a period of one year, extend the zoning indefi-
nitely, or instruct the City Manager to file an application to rezone it to its
original classification.
Regarding the appropriateness of the land use and zoning, Ms. Heyden advised
that as part of the Evaluation and Appraisal Report (EAR) that is due in August
of next year. staff will reevaluate the land use of the property if development
has not commenced.
- 3 -
MINUTES - PLANNING AND t !LOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
MARCH 14. 1995
The applicant claims that the time extension is warranted based on various
improvements that have been made to initiate construction of the project. As
part of the construction of Knuth Road, the culvert crossing over the L.W.D.D.
L-26 canal is in place; however, it has not been verified to the Engineering
Department that the work was certified. Also, a clearing and grubbing penmit
for the Knuth Road right-of-way was issued on March 24, 1993, and a final
inspection has not been received. On April 18, 1993, the City Commission
approved an excavation and fill penmit and final inspection on that work was
received on January 21, 1994.
The applicant has prepared plans for the construction of the south portion of
Knuth Road, adjacent to the church parcel. They were submitted in May, 1993.
There were conditions attached to that work, but those conditions have not been
satisfied yet.
The Technical Review Committee recommended approval of the extension for a time
period that would run through June 18, 1994 (one year and four months).
Mr. Rosenstock asked Ms. Heyden's overall policy regarding time extensions.
Ms. Heyden stated that there.are two key issues involving this request. They
are the appropriateness of continuing this property as commercial land use, and
the effects of the traffic and any other concurrency issues. With regard to the
land use, the reason she mentioned that the EAR is due in June of 1996, is that
at that point, the City will look at all the land use in the City to detenmine
whether or not any conflicts or changes have occurred since 1989 that need to be
addressed. Therefore, whether or not not we evaluate the land use now, it will
be done a year and four months from now. Ms. Heyden did not see that there have
been any changes in conditions to this point that would warrant changing the
land use to something other than commercial.
With regard to the issue of concurrency, she mentioned the concerns of the
Citrus Glen residents regarding Lawrence Road. They were concerned with the
effect of eight or nine projects all coming on line at the same time and the
fact that the County does not evaluate the accumulative effect of all these
approvals.
Ms. Heyden felt that this project should be evaluated for today's traffic levels
of service. However, she did not have a problem with evaluating the land use in
1996 when the EAR is due.
.
Vice Chainman Dube expressed concern that when the road is finished, everyone
will use it as a new short cut to get to the post office. He felt this would
impact everybody to the south.
Chainman Lehnertz pointed out that the property has two owners. He asked if
this application covers both owners. Ms. Heyden answered affinmatively.
Chainman Lehnertz referred to the March 7, 1995 letter to Mike Haag from Dan
Weisberg of the Office of the County Engineer which states that, -The study
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...
MINUTES - PLANNING AND DEh~LOPMENT BOARD MEETING
BOYNTON BEACH. flORIDA
MARCH 14. 1995
mentions an unidentified previous petition which accounts for 770 of the
projects' daily trips. Like the K. S. Rogers study, the updated study does not
address these trips. Rather, it addresses 728 daily trips from an undefined
project." He asked for clarification regarding how many trips are being
generated from this entire proposal and if they were all considered. Ms. Heyden
explained that in 1988, there was a rezoning from R-l-AAA to PUD for 78 single-
family homes. Because that approval did not expire before the next request came
in to rezone it to a different master plan to change the land use intensity, the
County allowed the use of any previous testing. Therefore, when this project
was evaluated, they were allowed to receive credit from whatever traffic was
generated by the 78 single-family homes. She stated that Mr. Weisberg did not
recall previous approval.
Kieran Kilday and Michael Schroeder were present. Mr. Kilday stated that the
Tara Oaks project is a long, narrow strip of property located just north of
Woolbright Road and east of Quail Ridge. The property was approved with the
church on the south part and residential on the north part of the site. The
church purchased and closed on the property, subject to a series of penmits to
guaranty assets to the church in the event the church moved quicker than the
residential. The church has not moved ahead. However, at the time of the
closing, there was $100,000.00 in escrow, as well as the penmitting of the road,
to guaranty the construction of Knuth Road along the entire boundary of the
church site. Knuth Road has always been shown as a collector road on the master
plan. With regard to the concern about southwest Congress Avenue connecting and
creating an additional short cut, Mr. Kilday stated that the road is planned to
be a cul-de-sac and will not have direct access to Knuth Road.
Mr. Kilday advised that all three of these projects negotiated with the develop-
ment to the north and entered into a development agreement for walls, buffering
and landscaping. This agreement is still in place. Therefore, at the time of
development, these projects will all have proper buffering around them.
Mr. Kilday stated that a great deal of money has been spent carrying the approv-
al process along. The development in 1990 went flat. However, in the last
twelve months, discussions have been started regarding the use of the property.
This prompted the request for an extension. .
In tenms of traffic impact, Mr. Kilday stated that residentials are relatively
low traffic generators. He advised that all County standards have been met. He
pointed out that at the time these projects were approved, Woolbright Road and
the Gateway interchange were still under construction. Therefore, the road
situation improved in all cases, except the two-lane section at Gateway, which
is not affected by Tara Oaks.
Mr. Kilday stated that the reason he asked for an indefinite time extension was
because an indefinite time extension was granted for a PCD on Knuth Road. He
stated that the TRC recommended an 18 month extension based on the practical
ability to get penmits in place.
- 5 -
MINUTES - PLANNINQ Nr 'EYELOPMENT BOARD MEETIMS
BOYNTON BEACH, FLORIO""..
MARCH 14, 1995
Mr. Kilday stated that the Tara Oaks project will be required to build Knuth
Road up to the canal area.
Vice Chainman Dub! stated that there is a two-lane road coming 1n from the
north. He asked if the church is required to build a two-lane or four-lane
road. Mr. Kilday stated that the road 1s planned as a collector road, which
would allow for it ultimately being built to a four-lane section if it reaches
that traffic level. However, the additional construction that is planned and is
a condition of this approval, 1s a two-lane sectlon with turn lanes in the
appropriate locations.
Mr. Golden addressed the Tara Oaks PUD, the Knuth Road PCD, and the Boynton
Beach Boulevard PCD as a group since they originally came in as a group. He
stated that when these came before the City several years ago, staff recommended
denial and there was a lot of attendance at public hearings and a lot of opposi-
tion. However, the Commission approved these projects. He pointed out that
several years have past, and there has been no activity on these properties,
aside from some minor things. He stated that the applicants are asking for a
one-year, five-month retroactive extension. He felt approval of these requests
would tie up trips that other developers who have projects that they may be
ready to proceed wlth could use. He felt these are pure and speculative ven-
tures; the purpose being to increase land values. He felt there are no real
projects in the works on these properties. He stated that the shape of the com-
mercial parcels is such that there is limited frontage on Boynton Beach
Boulevard. He stated that visibility is very poor within the site and they are
not located at a major intersection. Therefore, he felt there are going to be
some problems from a marketing standpoint. Mr. Golden brought up the issue of
whether or not the City needs all this extra commercial. He pointed out that
the rental market is thriving, and felt that these properties should be reeval-
uated as part of the Evaluation and Appraisal Report to see if the current
zoning is appropriate.
Chainman Lehnertz said he was on this Board when the first approval of the
master plan for single-family homes and low dens1ty residential was approved.
He was also on this Board when this proposal came through as a rezoning to
medium density residential, which he was strictly against. He remembers that
there was a great deal of dissension and an intense amount of opposition to
changing the density. He referred to the following comment in the staff report:
"These applications were submitted under Palm Beach County's current traffic
perfonmance standards ordinance; however, prior to the effective date of the
City's concurrency'management ordinance.- He remembers sitting on this Board
and having the City pass a concurrency ordinance that was due to take effect at
some particular point. This Board was inundated by property owners and appli-
cants asking for approval of projects so they could get in under the wire and
not have to meet concurrency. A large number of these projects were approved.
He felt that if this was a viable project, the applicant would have asked for an
extension before the master plan expired. He would like to see this application
denied and the City Commission recommend that the City Manager refile an appli-
cation to make this low density residential.
- 6 -
MINUTES OF InC PLANNING AND DEVELOPMENT B~~ MEETING
HELD IN COMMISSION CHAMBERS. CITY HAlL. BOYNTON BEACH.
FLORIDA. ON TUESDAY. FEBRUARY 14. 1995. AT 7:00 P. M.
PRESENT
Gary Lehnertz, Chainman
Stanley Dube, Vice Chainman
Jim Golden
Maurice Rosenstock
Thomas Walsh
Bradley Weigle
Pat Frazier, Alternate
Tambri Heyden, Planning and
Zoning Director
Michael Haag, Zoning and Site
Development Administrator
Leonard Rubin, Assistant City Attorney
oorn&rn~w~!~
I CI- i . I';
I -.... f"'\.t"\ f
I PLANlmiG A!~D ~
ZONING DEPT. _,_:
ABSENT
Thomas Walsh
1. PLEDGE OF ALLEGIANCE
Chainman Lehnertz called the meeting to order at 7:08 P. M. The Pledge of
Allegiance to the Flag was recited.
2. INTRODUCTION OF MAYOR. COMMISSIONERS. AND BOARD MEMBERS
Chainman Lehnertz welcomed everyone to the meeting and introduced the Board mem-
bers and Attorney Rubin. Mr. Rosenstock was not yet present.
J. AGENDA APPROVAL
Via a letter dated February 14, 1995, Kilday & Associates, Inc. requested that
Items 7.0.1, 7.0..2, and 7.0.3 be postponed until the March 14, 1995 Planning and
Development Board meeting to allow additional time for their Traffic Engineer to
address concerns raised by the Palm Beach County Traffic Division.
Motion
Per the applicant's request, Vice Chainman Dube moved to continue the time
extensions on the Tara Oaks PUD, the Knuth Road PCD, and the Boynton Beach
Boulevard PCD until the March 14, 1995 Planning and Development Board meeting.
Mr. Golden seconded the motion, which carried 6-0.
Motion
Mr. Weigle moved to approve the agenda as amended. Vice Chairman Dube seconded
the motion, which carried 6-0.
4. APPROVAL OF MINUTES
Motion
Vice Chairman Dube moved to approve the January 31, 1995 minutes of the Special
Meeting of the Planning and Development Board. Mr. Golden seconded the motion,
which carried 6-0.
- 1 -
MINUTES - PLANNING AND lI..,ELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
Motion
FEBRUARY 14. 1995
Mr. Golden moved to recommend approval of the site plan for the Brisson Medical
Office Building to convert an existing, unoccupied bar/restaurant to a medical
office building and upgrade building and site improvements, subject to staff
comments, subject to the addition of a one way, 121 foot wide egress drive in
the vicinity of the southeast parking space, subject to not deleting any more
parking spaces, subject to all drainage requirements being worked out, and sub-
ject to all other Code requirements being met prior to issuance of a penmit.
Vice Chainman Dube seconded the motion which carried 7-0.
C. Administrative Appeal
Landscape Appeal
1. Project Name:
Agent:
Owner:
Location:
Brisson Medical Office Building
Thomas J. Twomey, P. E.
Dave Brisson
Southwest corner of S. E. 23rd Avenue (Golf Road)
and S. E. 2nd Street
Request for approval of an appeal to Section
7.5-35(d) of the Landscape Code regarding the width
of the landscape strip along adjacent rights-of way
Mr. Haag advised that Mr. Brisson has requested a reduction in the width of the
landscape strip adjacent to S. E. 2nd Street and S. E. 24th Avenue. The
required width is 51. The landscape strip is being encroached by about 8".
Mr. Brisson is asking for relief from 51 to 3~1. Staff recommended approval.
Description:
Motion
Vice Chainman Dube moved to approve the requested appeal to Section 7.5-35(d)
of the Landscape Code regarding the width of the landscape strip along the adja-
cent rights-of way, subject to staff comments. Mr. Weigle seconded the motion,
which carried 7-0.
D. Time Extensions
1. Project:
Agent:
Location:
Description:
Tara Oaks PUD
Kieran Kilday
Northeast corner of Knuth Road extended and
Woolbright Road
Request for approval of an 18 month retroactive and
an indefinite time extension for zoning/master plan
approval and concurrency exemption/certification
At the request of Kilday & Associates, Inc., this item was postponed until the
March 14, 1995 Planning and Development Board meeting.
- 12 -
,
fo~ cover ~l.~~.-"';-~
c--
),!,INUTES - REGULAR CITY COMMISSION MEETING
/ BOYNTON BEACH. FLORIDA
APRIL St 1993
assumed the condition would travel with the sale of the land and the new owners
would know about these conditions. Commissioner Walshak pointed out a similar
situation (Miner Road). With regard to Miner Road, Mr. Staudinger explained
that the construction costs were underestimated and the $54,000 bond that was
posted was insuff1cient to build the road. Mr. Staudinger stated that the
agreement relating to Knuth Road contains the requirement for bonding of Knuth
Road. and if a proper construction cost estimate is prepared and a big enough
bond posted, this situation should not occur again. He said language could also
be added to the agreement that the City would prepare the construction cost por-
tion for the bonding, and make it 110 or 125 per cent. Commissioner Walshak
wanted that as part of the agreement.
Commissioner Katz asked if this would cause more traffic on Congress Avenue.
Mr. Cutro stated that the reason for putting Knuth Road in is to reduce the
traffic on Congress Avenue.
Consensus
It was the consensus of the C1ty Commission to approve th1s master plan modifi-
cation, subject to suff1cient bonding, and with the exception of the paragraph
in the agreement which requests the City to agree to grant all t1me extensions,
as necessary, for a per10d of five years. The cost estimates will be reviewed
by Mr. Staud1nger and bond1ng w111 be at 125 per cent.
D. EXClvation and Fill Penm1t Tar. Oaks PUD - Construction of ~nuth Road
Mr. Staud1nger rev1ewed the infonmat1on contained in his March 30t 1993
memorandum to the City Manager.
Motion
Commissioner Walshak moved to approve this excavation and fill permit. Vice
Mayor Agu1la seconded the mot1on, which carried 4-0.
At this point, IX.C.l. was moved up on the agenda.
C. Resolut1ons
1_ Proposed Resolution No. R93-54 Re: Confinnation of City
Manager's appointment of Th0m6$ Det~n as PollC& Chief for
Boynton Beach
Mr. Cherof read Proposed Resolut1on No. R93-54 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND CONFIRMING THE APPOINTMENT BY CITY MANAGER J.
SCOTT MILLER OF THOMAS M. DETTMAN AS CHIEF OF POLICE OF THE CITY OF
BOYNTON BEACH, FLORIDA. AND PROVIDING AN EFFECTIVE DATE.
- 13 -
MINUTES - REGULAR CITY C( ISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 8. 1993
"'-~---------"~'-'-,.. -.-
,a-e,
use element of the Boynton Beach Comprehel\sive Plan allo restauran~ in th~\
i,ndustrial land use cat~rY if they are ab.~essory to indu trial and c}ther \
allowable uses. Mr. Cut stated that Mr. God.art pointed 0 that a rf!'sta. urant '\
loca.ted in the proper pla in an M-l zoning district could r duce some O,f the
traft1f from the arterials.\. He asked the Commission for direc lon. ".
\, .
Vice Mayo.r Aguila envisioned \~fast food alley" if restaurants are allowed in
this district. He expressed cOocern about buffering and pointed 0 that
restaurants rely on visibility.
~rry Church, Civil Engineer, has been retained by the \ Qwn. er to do a f sibil ity
st~y on the site. He pointed out that restaurants are a.llowed in this istrict
as an accessory use and that the zoning district is only M\1 on the east jde of
Congress Avenue. Mr. Church proposed p~tting a stand alone\facility at S. .
30th and Congress Avenues. Thi s is a 4.4 acre tract and is 'at a traffi c sig a-
lized intersection. '\
\,
At this point, in the meeting,to1r. Cherof lef't\\~he Chambers. \~
Mr. Church statedthat a stand ar~e facility i this industrial ar would not
,~n~y reduce traffic throughout the 'J\~ighborhood, t would also attr t a higher
t~e of users to the remainder of the~roperty.
In ~~ponse to Commissio~er Katz, the o~~r of the pr erty advised that,
far, Wendys and McDonalds"ttave expressed a""- interest in
1 oca t ion.. '\"" ",
At th1s POI~~ 1n the meeting:' Ch~rOf retu~o the
'",
comm~sioner Ag
,
'\
----.
er an fication to spli~ the cost of construction for Knuth
Road between Tara Oaks PUD and Knuth Road PCD
moved to deny thi
ied 4-0.
~
Mr. Cutro stated that when the Tara Oaks PUD, the Knuth Road PCD, and the
Boynton Beach PCD were approved in late 1990, the requirement for building Knuth
Road was attached to the Tara Oaks PUD. Bill Winchester and Michael Schroeder
filed a master plan modification to change that requirement so that it would be
split between the three developments. The City Commission then asked the City
Engineer and the Planning and Zoning Director to negotiate with Mr. Winchester
and Mr. Schroeder. As a result, an agreement was prepared. City Engineer W.
Richard Staudinger, and Mr. Cutro are fairly comfortable with this agreement,
except for the paragraph which requests the City to agree to grant all time
extensions, as necessary, for a period of five years, thereby binding future
Commissions.
Commissioner Katz asked about the possibility of new owners being able to sue
in the future should they not want to go along with the agreement. Mr. Cutro J
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-
I
/.
e
t
MINUTES - REGULAR CITY C"-'USSION MEETING
aOYNTON BEACH. FLORIDA
APRIL 8. 1993
assumed the condition would travel with the sale of the land and the new owners
would know about these conditions. Commissioner Walshak pointed out a similar
situation (Miner Road). With regard to Miner Road, Mr. Staudinger explained
that the construction costs were underestimated and the $54,000 bond that was
posted was insufficient to build the road. Mr. Staudinger stated that the
agreement relating to Knuth Road contains the requirement for bonding of Knuth
Road, and if a proper construction cost estimate is prepared and a big enough
bond posted, this situation should not occur again. He said language could also
be added to the agreement that the City would prepare the construction cost por-
tion for the bonding, and make it 110 or 125 per cent. Commissioner Walshak
wanted that as part of the agreement.
Commissioner Katz asked if this would cause more traffic on Congress Avenue.
Mr. Cutro stated that the reason for putting Knuth Road in is to reduce the
traffic on Congress Avenue.
Consensus
It was the consensus of the City Commission to approve this master plan modifi-
cation, subject to sufficient bonding, and with the exception of the paragraph
in the agreement which requests the City to agree to grant all time extensions,
as necessary, for a period of five years.. The cost estimates will be reviewed
by Mr. Staudinger and bonding will be at 125 per cent.
O. Excavation and Fill Pennit Tara Gaks PUD - Construction of Knuth Road
Mr. Staudinger reviewed the infonmation contained in his March 30, 1993
memorandum to the City Manager.
Motion
Commissioner Walshak moved to approve this excavation and fill penmit. Vice
r Mayor Aguila seconded the motion, which carried 4-0.
l_
,
At this point, IX.C.l.~as moved up on th~~enda.
C. Resolutions ,
~
~ ~
1. Proposed Resolution No. R93-54 Re: '- Confirmation of ity
", Manager's appoin~nt of Thomas Det n as Police Chi for
"oynton Beach . "', ",
, ,
Mr. Cherof read p~~osed Resolution N R93-54 by title 0 ly:
"
A RESOLUTION O~ HE CITY COMMISSIO OF THE CITY OF BO TON BEACH,
FL~IDA, APPROVIN AND CONFIRMING TH PPOINTMENT BY CI MANAGER J.
~g~~H~~~~~I"~~~N~~~~D~GCAN F ~~c~~~~C~A~~.T ,~TY OF
-....----~
- 13 -
MINUTES - REGULAR CITY COMMISSION MEETING
P~YNTON BEACH. FLORIDA
JANUARY 5. 1993
8. proposed Resolution No. R93-4 Re: Knuth Road extension to serve ~.
the church at Tara oaks (L.W.D.D. L-26 Canal Crossing only) - ,.,
Authorize execution of contract for construction of required
improvements prior to platting
Attorney Cherof read Proposed Resolution No. R93-4 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA
OAKS DEVELOPMENT COMPANY IN CONNECTION WITH THE TARA OAKS P.U.D. (L.W.D.D.
L-26 CANAL CROSSING ONLY), ATTACHED HERETO AS EXHIBIT "A", FOR THE
CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT RECORDATION; PROVIDING FOR
CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
In response to Commissioner Aguila, Mr. Staudinger explained that Knuth Road is
unfinished from the Stonehaven entrance to Woolbright Road. The resolutions
involve the portions at the southern end (the L-26 Canal next to Woolbright
Road, and a short extension of the road which will access the church par-cell.
This does not involve the major portion of Knuth Road next to Tara Oaks, the
crossing of the L-25, or the portion next to Stonehaven. In addition, the
building of the access to the church is completely at the developer1s risk.
Motion
Commissioner Aguila moved to approve Proposed Resolution No. R93-4.
Commissioner Harmening seconded the motion which carried 4-0.
9. Proposed Resolution No. R93-S Re: Knuth Road extension to serve ~J
the church at tara oaks (Roadway construction not including L-26
culvert crossing) - Authorize execution of contract for construc-
tion of required improvement prior to platting
Attorney Cherof read Proposed Resolution No. R93-5 by title only:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH TARA
OAKS DEVELOPMENT COMPANY IN CONNECTION WITH THE TARA OAKS P.U.D. (ROADWAY
CONSTRUCTION NOT INCLUDING L-26 CULVERT CROSSING), ATTACHED HERETO AS
EXHIBIT HAM, FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS PRIOR PLAT
RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Staudinger advised that this involves the short piece of road north of the
canal.
Motion
Commissioner Hanmening moved to approve Proposed Resolution No. R93-5.
Commissioner Aguila seconded the motion which carried 5-0.
*
- 20 -
*should read, ...the motion w4lt
carried 4-011. ..,
lGULAR CITY COMMISSION MEETING
~CH. FLORIDA
tem wa~::~s.s_~dc!~~~ after it~.pI on t~,.,~~enda. ~ "'_,.
^' ~~"~.~""'_'~" ~_ _'__~'_"'_ _'u _ _._._..__'" ~..-..:'..___,1
x. OLD BUSINESS--"
A. Master plan modification to amend a condition regarding the construc-
tion of Knuth Road as part of the Tara oaks PUD............. ..TABLED
W. Richard StaUdinger, City Engineer, and Chris Cutro, Planning and Zoning
Director, met with Michael Schroeder and Bill Winchester on December 29, 1992,
at which time some new options were generated for consideration. Therefore,
Mr. Cutro requested that this item remain tabled and was hopeful that this
matter can be concluded at the January 19, 1993 City Commission meeting. Hence,
this item was left on the table. .
"iir
B. Status report on the expa.nsi~ of Poinciana Elementary School fOrth'--
magnet progr~ "'. '
, " ',. .
WllfredHa.wkins, Assistant' the City Manager'~'"called the commfs.~onls attl!n:-
tion to his Memorandum No. 92- OW. He reported ~at on December 2,'\ 1992, the'
School Board took an affirmativ vote to move forwa-rd with developmeJ\t of a
m ter plan and an agreement with ''ttle City relative tQ, Poinciana Eleme--n.tary
Scn 01. In his memo he points out t~ expectations of'.~he City regardi~9- an
agre ent; however, that point has not come yet. First,'~ master plan will be
develo d regarding the physical plan of the school. prop"eJ:ty appraisals wt)l
also be'l()oked at for consideration of acquisition. When the... Master Plan is ",
developed~nd the appra1sals are received, th~y will be made p'art of the agree-
r' mente A time table will be-cteveloped for the pl.an, followed by'\i.mplementation
1;Jf the plan. Mr. Hawkins win keep the CommissiOQ updated on a r'eQ.ular basis.
, advi sed that the community i '.kept involved i n t~1s project so t~t everyone
kn ,s exactly what is going on and how the City is g'O-l..ng to proceed.
,
, .
Mr. Ka~kins confinned',-{or Mayor weinel",th,at the Wllson t'e(lter will be part of I
the Po ciana campus an~will be renovat~d depending on ho~ the School Board i
decides use it. MaYOr~~iner felt it p(emature to do an~major renovating at !
this time, since renovation ill probably b~financed by both"the City and the II
\ School Boar in a couple of ths. --,-.., I
\~mmissioner Wa hak stated tha~ on visiting ~h Wilson Center ~~entlY, it 1
wa~ noted that s e items required ediate attent on, such as hang~ng wires,
" '\
and~lephone cabl improperly atta ed to the bull ng and hanging. " I
Inspec~~ of the ro revealed that t roof is bubbltng in some areas.
DiSCussi~on the W1ls .Center ensued later in the meeting.
'-----. ---"-'''-
- 21 -
......
.,
.... ..,.
.;
"-'"
- '.....r
.JUL -17-1992 09: 33am 92-:2 201 ,to t~
ORe. 7324 P'3 .11.67
Con 382l500.00 Doc 2,295.1)0
CLERK OF THE COURT - PB COUNTY, FL
Thi. I~.~rum.nt waa propared by
~ ~ and .hou~4 b. returned ~ot
~ MICHAEL A. SOHROEDER, ESQ.
Schroader and Larah., P.A.
Ona Boca Plao., Suita 319 A~rium
2255 Glades Road
Boca Raton, 710rida 33431-7313
WAMAN~V .
Thi. Indenture, made thi. /..., , .r day Of June, 1992 between
JOHN LAMBERT VAN H~ZEWYK, indiviCl.ually and a.s CO-Trust.a, and
ANITA LOUISE VAN HEZEWY~, individually ana as Co-Trustee,
Grantor, whose social ..ourity numbers are ~94-44-7932 and 589-
13-7411, respaotivaly, who.e address is 3320 North.st 58th
Si:r..t, For-t Lauderdale, Florida 33308 and CORPORATION OF THE
P~!SIDING BISHOP OF THE CHURCH 01" JESUS CHRIST OF LATTER-DAY
SAINTS, a Utah corporation 801e Grant.., whose tax payer
identitioation number is 23-7300405, and whose poet office
addr... i., Tax Administration, 22nd Floor, 50 Ease ~orth Temple
st~Qe~, Salt Lake City, utah 84150.
Wiotne.acath tha.t .a.id Grantor, tor and. in consideration of
the Bum of Ten Dollars ($1.0.00) and other good and valuable
considarat1ohS to said Grantor in han~ paid by said Grantee, the
reoeipt. whereot is hereby aoknowledged, ha. granted, barqained
and. lJold and by thala pre..nts do.a hereby grant, barqain and
5.11 to the said Grantee, and Grant.. I s succeSSQrs and assi9na
forever, the tollcwinq described land, ~ituat., lying an~ being
in Palm Beaoh Couney, Florida, to-wit.
aE~ EXH:rBIT "A" ATTACHED HEtu:TO AND MADE A PART HER}';OF
BY REFERENCE
GRANTOR HEREay WARRANTS AND REPREStNTS THAT THE PROEPRTY IS
NOT GRANTOR'S HOMEStEAD AND IS IN fACT VACANT LAND
SU&1ECT TO:
1. Taxe. tor the year 1992 and sub..quent year., and
2. R..tr1otions and matters appearing on the Plat ot Palm
Seaoh 'armA Co., Plat No.8, recordeQ in Plat Book 5,
paqe 73, of the Publio Reoords of Palm Beach county,
Florida.
v
-, _, OHB 732/t p~ 1 t 68
e.nd .aid. Grantor do.. hereby tully warrant. t.he 'ti "el. to .aid
land, and will d.~.nd the same a9ainst the lawful Qlai~. ot all
per.ona whomsa6ver.
"Grant.or" and "qranteB" are ua&d tor 8ingular Or' plural, 815
eont.xt requiroa.
IN W!TNESS WHE~EO~, Grantor has hereun~o ..t. Grantor's hand
and ...1 ~h. day and year fi~8t above written.
si~n.4, ..aled and delivered
~n th. pr...nee o~:
/ . , ,.
~:;1-ct)L~{rJn~
, 1 L~ r ~ (' {" C, -1
print name of witness
/ '---1!' I
' 7'-/ " .
" ~- " /~t:"';.." ....'.' '>> '
;. OHN LAMBEt:tT VAN HEZEW'iX, /' //
( individually &nd as CO-Tru'te.
~~l~S"
Prin~ name of Witn...
(AI TO 30HN LAM8ERT V~ HEZEWYX)
v4
-:/
Pr
, .~.L
VAN HEZEW~I< u' rl;7
and as CO-Tru.t..
HEZEWYl()
STATE OF FLORIDA
COUN'1'Y. or PALM BEACH
':3VL~
SWORN TO AND SU~aCRIBEO Detore m. on ~ I, 1992, by
JOHN LAMBER~ VAN RE~EWYK, individuallY anQ a. Co-Trustee, who
6 ) 1. per.onally known to l'lIe or ( v/) ha. produce~---o M.>C>A-
I,&,V\A.'1 (A:Lt"J;} u identil'iclltion. ~
C- ~
~rin~ name of Nary
My Ccmmission Ex~1re.1
My Commission NUmber:
My Not.ary Sefll:
I .,~:;..;~.. OFFICI^l SEAL
I ~ \ JUOITH LYNN Joers
\ ' /' N~ol"ry PuhUc Stllti!l of FIori.
~ ,,'.. Cl.'mmf"'on No. CC 128021
......':.~.... Gxtxr. "1J901U 27, 1995
"2-
"-"
~ "-""1 732/. Pt3 1169
.PROV~NOE OF ONTARXO
COt1N'rY 011' YORK
SWORN TO ANO STJBSCft:r~ED betor. me on June ~~{" 1992 I by
ANITA LOU:rSI VAli' HEZ!WY1<:, individually ~nd as Co-Trustee, who_, '
,J ( ) i. p.r.onally known t.o ~e or ( V) has produoed. un r' O,l.t LI <.... '
V 6 4:)... '1( 04 5"~lt, .. identification.
g..~"'" ~07
-. r_
c...~'tl.
(winchestar\ohurch.wd)
t NQt~~;~':..: ",
elL ~ ..~..~.. .' ~,:'~.r-!;I ""'-:-
(J . ., '. . '" '. .,. .,.'
1 ~.'. .,. . .-" (;)" I.. (". ~.
i" 'i ~ / .I.~.;.... .' It. .,'~ :
':"'~.' i~,~t,~.-J' :....:.';
.. . ..' .. I .
_,~..~ E-" (,:1 ." ..
; I"'::~"r:(.,;-t' :.' ,.:!--.;,
'~.1':/.~1 4'''';' a.. J' . w~." ;: .
~.. ~,,~. .....~ ..~Of
~.. f'.. ''':.....~...... I;'. .....
1:'1 . "
''-,... '-J (~ ,".' . I' ,\
'.... . t.. ..'
,,....~~.,~'~.
. ,
J ~
My Commission Expire.1 aot.~ f'JO~ S~fiI:'4LL
I My commi..icn Number:
My Notary Sea.l.
-3-
'-'
- '~/
EXHIBIT "A"
LEGAL DESCRIPTION
The South 567 feet of the following described property:
A paroel of land being portions of Tracts 71, 72, 89,90,
103, 104, 121 and 122, of PALM BEACH FARMS COMPANY PLAT NO. S,
recorded in Plat Book 5, page 73, of the Public Records of Palm
Beach county, Florida, lying in section 30, Township 45 South,
Range 43 East, Palm Beach County, Florida, and being more
partioularly desoribed as follows:
Commencing at the South Quarter (S 1/4) corner of said Section
30, run thence North 01010126" East along the North-South Quarter
{NS 1/4 } section 1 ine 40. 0 feet; thence East 40. 0 feet to the
point of beginning of the herein described parcel; thence
continue East 351.64 feet; thence North 01004 128" East 2513.64
f'eet, to a point on the South right-of-way line of Lake Worth
Drainage District Canal L-25 as same is recorded in Official
Records Book 2063, page 1416, PUblic Records of Palm Beach
County, Florida; thence South 89.49 100tl West, along said right-
of-way line 347.30 feet to the Easterly right-of-way line of a
road right-of-way as recorded in Official Records BOOK 2075, page
572, Public Records of Palm Beach County, Florida; thence South
01.1012611 West, along just said right-of-way line 2512.61 feet to
the Point of Beginning, less the West 251 feet thereof.
(winchest\churoh.leq)
-4-
REr.;QR;;l "'ERIF~D
PALM BEACH COUNTY. FlA.
OlEftK CIAClJIT OOUftT
.. -. \ -- ~- -............
~
\
. '. Iv...,
~
PREPARED B~ t
MICHAEL A. SCHROEOER, ESQ.
SCHROEDER AND LARCHE, P.A.
SUITE 31gA
2255 GLADES ROAD
BOCA RATON, FLORIOA 3343J.
(407) 241-0300
./
JUL-17-1992 09: 33am 9.2- 2 20 1 ~ L~
ORB 7324 P9 1159
ran 10.00 OOC . . bO
v CLERK OF THE COURT - PB COUNTY~ FL
RIGHT-OF-WAY OEED
THIS INDENTURE made this ~ <lay or June, 1992, by JOHN
LAMBZRT VAN HEZEwYK, and ANITA LOUISE VAN HEZEWYK, both
individually and a. Co-Truatees, having an address at 3320
Northe.t 58th street, Fort Lauderdale, Florida 33308, and who.e
sooial .ecurity numbers are 594-44-7932 and 589-13-7411,
re.paot.ively, "Grantor", to tho city of Boynton Beach, a
politioal .ubdivision ot the St.ate o~ Florida, having an address
at POlt Office Box 310, aoynton Bea.oh, Florida 33425, "Granteetll
WI~NE.SE~HI That the Grantor, tor and in consideration of
the aum o~ Ten ($10.00) Dollar. &nd other valuable
conllideration., reoeipt wherao! is hereby acknowledged, her.by
qrant., barqains, .el18, aliens, remises, convey. and confirms
unto the Grant.., all that certain land situate, lying and being
in Palm Beaoh County, Florida, to wits
SEE EXHIBIT nAil ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE
GRA~OR HERESY WARRANTS ANO REPRESENTS THAT THE PROPERTY IS
NOT GRANTOR'S HOMESTEAD AND IS !N rACT VACANT LAND
TOGE~HER with all the tenements, hereditaments and
appurtAnano.. thereto belonqinq or in anywise app.rt.inin~.
TO HAVE AND TO HOLD, the same in tee 8imple torever.
AND the Grantor hereby oovenants with said Grante. that the
Grantor is lawtully seized of said lan~ in fee .irnplaf that the
Grantor haa qood ri;ht and lawful authority to sell and convey
said landl that ~h. Grantor hereby fully warrants ~h. ti~l. to
.aid land and will defend the same a~ainst the lawful olai~. of
all persons whomsoever; and that said land i. tr.e Qf all
aneu1't\branoas, except taxes accruin; subsequent to neOQmber 31,
1991.
... -. ~- ...'- -- --
"-".
,/
ORB 7324 P9 11hQ
tN WITNESS WHE~OF, the 5ai~ Grantor has e1qned an~ ..aled
tn... p~...ft~. ~h. day anQ year first above written.
S1qned, ..Al.d and delivere4
in ~h. presenee oft
~~
Print name at Witness
~~~-
/.~,..
Prine nama of WitnGQs
:SJ:IIH u.KBlIRT VAN HEZEWYK)
,.
v . ~(.)~ ~~120S~
Print name ot Witness
v
ANITA LOUISE
individually
~('
Prin~ name of Witn ..
(AS TO ANITA LOUISE VAN HEZEWYX)
/
.......
-2-
~"'''''
,./
ORB 7324 p~ 1161
STATE OF FLORIDA
COUNTY OP PALM BEAOH
:S~J
SwoRN TO ANtl SUBSORI&i:D before me on J: I, 1992, Py
JOHN LAM3ERT VAN HEZEWYK, indiv!du$lly ~nd as Co-Truet.., who
D ( ~' ) i.. p.~.onally known t.o me or ( C-yhas produced {-U)IU;j/J-
\ lI€-vu. \. ,~G!iv.s:=-, u id.ntitic..tiOn.~
Print nam. of otary
My commi..ion Expires;
My Comm1..ion Numbert
My Notary Seal:
............. OFFICI,'.L SEAl.
l~ ~\ JUOITH LVNNJOCIS
\' }P~'lI i p..i?tdry P,,:i~liC Shl~ of Florida
~ I v~"'T"j<,~ton ~lo, CC 12502l1
"'~'~."';'.."" [~"irt'3 AV"'u&t 21,1_
..... .
~ROvINez or ONTARIO
COUN'I'Y 01" Y01U<
SWORN '1'0 AND SUBSCRIBEO before m. on June .~, 1992, by
ANITA LOUISE VAN HEZEWYK, individually ~na .. Co-Trustee, Wh~f2 L
( ) i. personally known to me or ( 0 has produced onr. /.J I, I ( \
\! O~'}~.<:) 4SG,,+- I as. 1oentitication. ~
~ 5""'8"0'7
J........ ~
../
Print name
My couuni..ion ExpireslOoOS v.)CrT' a::f':1R-C
My Obmmi..ion Number:
My Notary Seal:
(~~\winch..ter\vanh.zwd.row)
'-,
. ,.
..I
EXHIBIT "A"
TARA OAKS P.O.D.
klllOTH ROAD
25 .001 ROAD~I PEDICAtIO.
.. ~. _- ~ ~ .....110....-.. AI
A PARCEL or LAND B~ING PORTIONS or TRACTS 71,72,99,90,183,104,121
AND 122 OF PA~M BEACH FARMS COMPANY PLAT NO.B, RECORDED IN PLAT
BOOK 5, AT PAGE 73, PUBLIC RICORDS or PALM BEACH COUNTY, AND
LYING IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, P^LM BEACH
COUNTX, FLORIDA AND B~ING MOR! PARTICULARLY DESC~la~D AS FOLLOWSz
THE WEST 25 rEST OF tMI FOLLOWING DESCRIBED PARCEL OF LANDs
COMMENCING AT THE SOUTH QUARTER CORNia or Sl\ID SECTION 3" RUN
THENCE NORTH 01019'26" ~AST ALONG THE NORTH-SOUTH QUART~R S~CTION
LINE 40.0 fEET1 TH!NCE EAST 40.0 tEET TO THE POINT or BEGINNING
OF THB HtR!IN OESCRI8!O PARCELl THENCi CONTINUE E^ST 351.64 rEET~
THINe! NORTH iHo04'28U EAST 2513.64 r'EET, TO A POINT ON THE SOUTH
RIGHT-Or-WAY LIN! OF ~AK! ~ORTH DRAINAGE DISTRICT C~NA~ L-25 ~S
SAM~ IS RECORDED IN OrrICIAL RECORO BOOK 2063, AT pno~ 1416,
Pl)BI.oIC RECORDS OF PALM BEI\CH COUNT:i, FIJOR!DA; THr:NCE SOUTH 9g0
49teS~ WEST, ALONG SAID RIGHT.OF-WAY ~lN~ 347.3e FEBT TO THE
EASTIRLY RIGHT-Or-WAX LINE OF A ROAD RIGHT-Or-WA~ AS IS RECORomo
IN OFFICIAL RtCORD BOOK 2075, AT PAGE 572, PUBLIC RmCORDS OF PAuM
BEACH COUNty, FLORIDA, fHl!:NCE SOUTH 010 lfl '2611 WEST, ALONG JUST
SAID RIGHT-OF-WAY ~INE 2512.61 t&tT TO fHE POINT OF 9EGINNIHG.
RECORO VER4flB)
,AI.M BEACH COUNTY, fLA
CUM ~ CDJ<<f
.- ... - - - - - .. - - - - - .....
. ... ... ,......., ...~ T^~ .... 0 ~ . C"",., .".,::; . ~::'! . Q n
-
'-'
'ALK B~AOH CO~NTY LAND DBYaUOP.KEBT DXVX.tON
fttaH~-OP-WAY COK'TRVOTIOK
Permit not valid unl... pInk cop)' II
.!gne<;t.nd returned wIthin 15 day. to:
Palm B9110h County Engineering Oepartment
Land Development Plrmn 8ectlon
P.O. Box 2122Q
Wilt P.lm B".oh, Fl. 33418
PERMI~ NUMBBR: Slwo74-0692
ISSUANCE DATil ~un. 1BJ 1992
EXPI~~ION DATB: Jun. 18. 199~
S 3Q, ~ 4! , R 43
FEBa 8250.00
-
PERMITTEEs William winohester
9290 Nickel. 81vd.
Boyn~ch S..oh, FL 33436
RIP: Shalloway ee al.
xeith Jaokson, P.E.
655"'1181
LOCATIONz WOO~.~IQHT aOAD - CONNBC~ KNUTH ROAD IN ~a. NORTH aIQH~-OF-WAY.
REFERENCED ORAWING: Project 92037, Sheet. 1 thru 6 of 6
T~is parmit .hall beoo~, void it the .iqned copy 1~ not rat~rn8q to this
office wi~hin 15 days: or. if retur~.d. General cond~~iQn Number 1 on tQI
back ot tQjs perm~t i~ not complied with. Permittee a~.o accepts all ot~~t
APplicable condition~ onbaok of thi, permit.
~ ~h~~i~~~YtO;~~O;:~;:tI~~i~~~e~e~~l;r~a~: ~~~q~~~~;~~yt~:twf~~;~~dau~~~I
D~ified b~ this 9tfice ~h~t.this ~.rrnit b'. been t~naled QY tha Con.truct~o~
Coordinatiop Divilion.
P;e:~ITTE! SIGNATURE (AUTHORIZED
SIGNATURE OR DULY AUTHORIZED AGENT),
--~~~~
SIGNA~ .
~//, A~4~
PLEA E PRINT 'l'Y B
~~~
;OtTNTY APP; ~A~-
K. S. Rogers, P.E., Direotor
Land Oevelopm.nt Oivision
"
. ...
",
\
,
KSRzJEPaIUU
pc:
con.truo~ion Coordination
Pem1ttee
.t. ~
" "
_illY _~
;~Jj ~ Ai 'Ie 'N.Dla
.,,~I>. ~~)'
'''J'Y!' JAMi~ ~l
ref. /'w016.ptr
-
" ",f..
.
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..
), n..:r
~....,. ..... A _....-.... -
. ".,. .,... ........... ,f
..-- ..:.. - . , -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACHt FLORIDA
JUNE 2. 1992
a an ,336 square foot restaurant.
Ottlfuimprovements i ncl ude parking lot ".
redo struction, s~~nd Congress Avenue \
media landscaping. \
\ . \
Chris Cutro made the presentation and. stated the reduest has been r~~eived from\
the bank who owns the Boynton Beach Ptomenade. There\\are plans to tear down a "
portion of the existing back building, straighten out tDe building so that it \\
runs north to south, and add an outparcel at the southe~~t corner of the pro-
perty. The plan has been reviewed and is in compliance w1~h City regulations
including the Community Design Plan. The outparcel will have to come back for a \
separate site plan review. The Planning and Development BO~d. reviewed this \
roject at the May 12th meeting and forwarded it with a reco~endation for .
pproval. There were questions regarding traffic. The City E ineer has \
eviewed the traffic report. It was his detenmination that sin this is a i
d crease in the square footage, less trips will go out of the sit and he finds
n problems with the report. Staff recommends approval of the pro ct.
ann Brown of Oliver Glidden Architects, explained that, there was an
roblem with an existing tenant at the time of the Plann~g and Dev~lo
Board meeting. That situation has now been resolved.
In reviewing the plan, Commissioner Aguila questioned a recta le which ap ars
on the plans near the two handicap spaces. l,t was detenmined t at 1 ine should
not appear since it is a landscaped area. Corrtllissioner Aguila f ther wondered
if there is a proposal to switch the direction tQr the drive-in te lers. Mr.
Brown stated this part of the'~i.te will not chang'e',at all.
Mayor Wei ner '\nterrupted the pres'e tati on at thi s p~ t to thank Commi i oner
O'Connell for,a{tending the City C ission meeting. ommissioner OICon ell is
a member of the ~an Ridge Commissio He thanked May Weiner for attending
t Ocean Ridge meeting and stated disc sions will conti ue regarding the
b r i e. "'"" "\. '~
'''.,
ul1. moved to rove the BOYn~e'Ch Promenade Site Plan
ommissioner Ha ning seconded the motion which carried 5-0.
-
Q
Tara Oaks
Rossi & Malavasi Engineers, Inc.
Bill Winchester
Knuth Road at Woolbright Road
INFRASTRUCTURE IMPROVEMENTS: Approval of
road improvements for a portion of Tara
Oaks PUD prior to preliminary plat.
Chris Cutro made the presentation. The southern portion of this parcel will be
sold to allow for a church. Part of the agreement for closing is for them to
6. Project Name:
Agent:
Owner:
Location:
Description:
,
- 13 -
MINUTES - REGULAR CITY C~..SSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 2, 1992
construct the-access across the canal on the north side of Woolbright Road.
This will provide access to the church site. The TRC and City Engineer have
reviewed the improvements and the only comments made were from the Engineering ~
Department. Those comments will be corrected on the final plans. The Planning
and Development Board reviewed this project at the May 12th meeting and for-
warded it with a recommendation for approval. Mr. Cutro received a letter dated
May 28th from Charlie Walker addressed to Mike Kazunas wherein the County has
requested the construction of a right-turn lane off Woolbright. The
developer agreed to put in the turn lane when the remainder of Tara
Oaks goes into place. That procedure is nonmal; however, because of a
glitch in the traffic ordinance, the County has made this requirement
now. Since they previously agreed to allow this requirement at a
later date, they have asked the City to assist them. Mr. Cutro will
work with the developer and make this a condition of the second phase.
Staff recommends approval of the project.
Rick Rossi, of Rossi ~ Malavasi Engineers, Inc., said they have coordinated the
plans for the roadway. He feels the request for the right-turn lane at this
point is uncalled for and requested this condition be added to the second phase.
Motion
Commissioner Hanmening moved to approve the Tara Oaks project subject to the
construction in the initial phase of a right-turn lane as set forth in the
Acting Assistant County Engineer Charlie Walkerls letter dated May 28, 1992.
Mayor Weiner passed the gavel and seconded the motion. The motion failed 2-3.
(Vice Mayor Matson, Commissioner Aguila and Commissioner Walshak cast the
dissenting votes.)
.
Motion
Commissioner Aguila moved to approve the infrastructure improvements to Tara
Oaks excluding the right-turn lane per Charlie Walkerls letter in this phase,
but making it part of Phase II. Commissioner Walshak seconded the motion which
carried 5-0.
F---= ,
I B.
NON:CQNSENT - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPM~ BOARD
1. Project Name: Cedar Grove PUD...........~....... TAi\LED "
Agent: Jul ian Bryan ' , ",\
"
Owner: Cedar Grove Inyestments, N.W~',
Location: The east side o~ South Seacres Boule-
vard, approximately 100 feet sou of SE
"J1st Avenue (South'Seacrest Scrub ite)
Description: REzONING: Request to rezone 53.69 res
frem R-1AA, Single-Famjly Residential and
R-2,"'5ingle and Two-FalTiiJY Residential 0
"", PUD, Pl'i.,nning Unit Development to allow
''''-" for thecQnstruct i on of 234-, dwe lli ng
'" units, com~ised of single-family dwell-
~ i ngs and dUP~~,~s. . "" . \
Mr. Cutro a ised that no co~espondence has ~en received frol'A.,the appllcant
on this proje . This item w;'t~ remain on the ~ble. '\
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_,___.._nm_'___n.'..______
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 16t 1992
.
zoned R-I-A and Mr. Dutch wishes to use the entire parcel as if it were zoned --,
C-2. It should be noted that a la~ use plan amendment and re~ning of this
same property were denied in 1987 by~~he City Commission and the~lanning and
Zoning Board. Staff reviewed the request and feels it is reasona~e since the
R-I-A section is approximately fifty by,seventy, which would consti te about a
thirty-five hundred square foot lot. That lot is significantly small than
residential lots around it. In addition, the west side is zoned C-l. he
applicant has agreed to limit the north thir~y feet to drainage and land aping,
which would provide a thirty foot buffer betw~en the house on the north si e of
this property from any building that might tak~, place. Originally it was r om-
mended that the north fifty feet be limited to ~at; however, after looking a
proposed site plan from the applicant, if parking\is put back there, it will
even a greater impact ~o the houses. It is better'\~O put the parking in the
front and slide the building back a little bit more.\ The applicant has also
agreed to make the building residential in character fit in with the
surrounding houses. At its June ~, 1992 meeting, the anning and Development
Board reviewed this request and forwarded it to the City ommission with a
recommendation for approval.
Anna Cottrell Of, Urban Design Studio, 200Q Palm Beach Lakes B ulevard, West Palm
Beach, stated tha~ this will not only impr~e the developabili of the one lot
that faces Boynton'~each Boulevard, but it alGo has the effect 0 eliminating a !
currently nonconfonnlqg lot that is undevelopab~e. In addition, gives the I
~ity the ability to impqse some conditions on th~ development beyo d the site I!
\ pli\.n approval conditions~"" ""', !
0\ Motion "", -'-'>'. j'
! ~ ~
) Commissiol1~r Hannening moved to a~rove the request from '~lter Dutch to allow t
\ a lot zoned"for residential use an~~ommercial use to be us'ed for cOl11Tlercial use
as allowed by"Appendtx A, Section 3.g '.. division of lot of record (corner of
;' Boynton Beach BbVlevard and N. W. 7th Court. Commissioner Walshak seconded the
motion which carried 5-0.
'1 2. 'R;q;~~'t-;o~._;;t;~~ton of the Knu~h Road ~D (W~St80y~t~;-----'-'-""~r'
Boulevard at Knuth Road. southwest corner). Tara Oaks PUD (East .
side of Knuth Road extended south between the LWOD L-25 and L-26 .
Canals. and Boynton Beach Boulevard PCD (South side of West
Boynton Beach Boulevard between North Congress Avenue and Knuth
Road)
~'I
Mr. Cutro said this is a request for a series of three planned developments that
were approved by the City COl11Tlission in December of 1990, which includes the
Knuth Road PCD, the Boynton Beach PCD, and the Tara Oaks PUD. The City
Commission has already approved the preliminary plat and the site plan for the
Knuth Road PCD and the infrastructure improvements have already been approved
for a portion of the Tara Oaks PUC. Staff also had discussions with the appli- I
cant regarding some clearing that they wish to do of exotic species on the .
Boynton Beach PCD. Therefore, there has been some progress made in tenms of
trying to get these developments moving. This request has been discussed with \1
the Concurrency Review Committee and no objections have been raised to the
e
- 15 -
MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 16, 1992
requested extensions. Mr. Cutro advised that the ordinance calls for a one ..
year maximum extens1on.
Motion
Commissioner Walshak moved to approve the request for extension of Knuth Road
PCD (West Boynton Boulevard at Knuth Road, southwest corner), Tara Oaks PUD
(East side of Knuth Road extended south between the LWOD L-25 and L-26 Canals,
and Boynton Beach Boulevard PCD (South side of West Boynton Beach Boulevard
between North Congress Avenue and Knuth Road). Vice Mayor Matson seconded the
motion which carr1ed 5-0.
~---_..-----' --
I 3. Request for a $1x (6) month extension of the Boynton Lakes Plaza
, site plan - (soutbeast corner of Hypoluxo Road and Congress
Avenue)'
\ .
r. '~~tro said th1S site plan was exten~ed by the City Commiss10n in Dece~er of
ast year for six months. That was what ~as originally req~ested by the ap~,i-
ant. Staff has now received a letter requ~sting an additional six month ext~-
sion. The ordinance allows for an extension up to twelve montns. It does not '~
SRecify whether or not 1t has to be done in a eartain number of r~quests. This'
request has been discussed with members of the Con~urrency Review 'BQard and no
objections to the extension have been raised. Mr. Cutro said Mr. Gotns advised
him that he is about two to three weeks away from final financing on this proj-
ect. He has tied up the rest of the building and also the rentals of it and
believes construction will be started by August of this year. '
,Vice Mayor Matson pointed out, a condition that went along with'the original six
month extension and inquired i'f,that same condition can be made 1'1: an additional
six month extensidA were granted~" Mr. Cherof advised that the exteQsion can be
cond it i oned upon ot~r events occur{'i ng. ' '
tit
Motion
Vice Mayor Matson moved to prove a six mQnth extension of the Boynton Lakes
P~aza site plan (southeast c ner of Hypolu~ Road and Cong(ess Avenue) with the
conaition that was met in the cember 1991 e~ension with regard to there being
(no break in the buffer wall on nton Lakes Bo~levard. Commissioner Hanmening
seconded the motion which carried -0. "
, "
"
I 4., Request fO~' WI'ver of~e plan revi~fees for neighbQrhood
: '~hurch (414 W. 10th A nue) - James ~u1e. pastort Community
~l1verance Ch ch '''-,
, "
, '
Mr. Cutro stated a equest was re~' eived from v. James Bouie"of the Community
liverance Church t waive the si plan revie fees. This is.""a $500 site plan
be use the site is le than two ac s. The pro erty is located at 414 N. w.
10th venue and is conmo ly known as t~\cavalier ub. \
Mr. Chero dvised that w~er of fees oi'~hiS nature n be done adm~nistra-
tively but should be ratif1;d\bY the Commis~1on as oppo d to the Commt~sion
" "
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FlOA'tda DplJartment of Environmental Regulattol
Southeuulc Dl.~rlc.:t . 1900 S. COnsrc..... Ave., Sullo II. . \'(bc P.dm DdCh, FluclcJ2 ~34Ct
l.IWIUI' ChilL". UI>Ylltnut Taltphontl ~07lil3.1650 CaNt M, UrUWlI4If. kl:tC'.
faM' ~01IiJ3.a666
l?E1U1IT'IEII
Lakl Worth Drainage Di.tri~t
clo Keith B. Jackson, P.E.
ShallowlY, foy, Rayman & NIW.ll, Inc.
1201 Belvidere Road
\lelt P.lnl StaCh, fL. 33405
1.0. NUMBSI: 30'OP049~7
PERMIT CilTIFICATlott KUMBIRI 50Z107776
DATE OF ISSuE. MAY 0 8 1992
EXPIRAtION DATI. HAY Il 0 ln97
COUNty: Palm Be.ch
LATITUDE/LOnGITUDEs 26.31IN/80.06W
SECIlon/TOWNSHIP/RANQEI 3o/~5B143i
PROJECt. CulVtrt tor Qoa4 Crol.lDI .
Thi8 permit i. illue4 under the provlalgn. of Chapte~ 403, Florida Statute.~
Public Law 92""00 and Titl. 11, florld.1. A&:I1nilltrative Co6t Rule. .'. The above
named panni ttea 1. het'tby author1~ed to p.rform the work or apex-at. the
f.oil1~y .hown on the applic&tion and &pprcved draw1ni(a), plant, and other
dOCUQ.~t8 attached hereto or on fila wlth Department .04 =ade a part bereQt
and 8p.oifical1y 4t.crib.d as tollowa,
TO I In.tall a 96 I long 12" diameter iep c",lvert in the LWDD L-26 Can.l to~
tbe cro8,1na ot Knuth Road. The project will r.qulta 661 cubic yard. of fill
and 1nclud.. conatruction of QonQrete end~all.,
IN ACCORDANCE WITHl the DE~ Application form l7~1.3la.900(1) received on
March 23, 1992, additional informatlo11 received on April 23" 1992 and the
'tour (4) attached .tamped drawin,..
LOCAtED. Knuth Road and Woolbrlaht ROld, LWDD L26, Cla.. 111 water.,
Palm Beach Count~.
SUBJEct TOs Oeneral Condition. 1-15 and SpecifiQ Conditions 1-7.
Pa" 1 of 4
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Z S 'C Z 'S I
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AGREEMENT
This Agreement entered into this tQ,~ day of June, 1990, by
and between STONEHAVRN HOMEOWNERS AS~ON, INC., a F10rida
corporation ("Associationll) and BILL R. WINCJ1ESTER (ttWinchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("Schroeder").
WHEREAS, there are currently pendinq before the City of
Boynton Beach, Florida, applications for Annexation, Future Land
Use Element Amendment, Rezoning and Comprehensive Plan Text
Amendment for projects known as "Boynton beach Boulevard PCD" and
"Knuth Road PCD" and an application for Future Land Use Element
Amendment from IlLow Density Residentialll to "Medium Density
Residentiallt and rezoning from PUD with a Land Use Intensity of
four (4) to PUD with a Lan~ Use Intensity of five (5) to allow
for the construction of 192 mUlti-family dwelling units and a
church with respect to the project known as "Tara Oaks PUD"; and
WHEREAS, Schroeder is the Applicant with respect to the
application, known as IIBoynton Beach Boulevard PCO" pending
before the City of Boynton Beach, Florida and is the Contract
Purchaser of the property which is the subj ect of the Boynton
Beach Boulevard application; and
WHEREAS, Winchester is the Applicant with respect to the
application known as "Knuth Road PUDII pending before the city of
Boynton Beach, Florida and as a general partner of the
Partnership which owns the property which is the subject of the
1<nuth Road PUD application can bind the owner of same; and
WHEREAS, winchester is the' Applicant with respect to the
application known as "Tara Oaks PUD" pending before the city ot:
Boynton Beach, Florida and i6 the Contract Purchaser of the
property which is the subject of the Tara Oaks PUD application;
and
WHEREAS, Association represents the property owners wi thin
the residential development known as "stonehaven PUDIt lying
within the City of Boynton Beach, Florida; and
WHEREAS, Association is entering into this Agreement after
having a membership meeting at which a quorum was present and
having received the approval of a substantial maj ority or its
members as evidenced by a signed petition; and
WHEREAS, Association and its members have had the
opportunity to review the various applications and to make such
inquiries with respect to same as they deemed appropriate
including meeting with representatives of the applicants; and
WHEREAS, Association is opposed to the development of the
property which is the subj ect of the "Boynton Beach Boulevard
peo" as high density residential and to the development of the
property which is the sUbject of the "Knuth Road ~CDIl property as
moderate density re5idential as contemplated by the current
Comprehensive Plan; and
WHEREAS, Association wishes to evidence its support for the
approval of the application with respect to ItBoynton Beach
Boulevard peDn, "Knuth Road PeOn, and "Tara Oaks PUDtI provided
the Applicant with respect to each of same agrees to assure the
Association that such Applicant will, subj ect to the terms and
conditions set forth below, cause certain improvements (de5cribed
below) to be made on the real property which is the subject of
such application and on the real property of the Association
adjacent thereto; and
WHEREAS, winchester and Schroeder wish to assure the
Association that they, respectively, will, subject to the terms
and conditions set forth below, cause such improvements to be
made.
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties agree as fo~~ows:
I. "Boynton Beach Boulevard peDII.
A. Schroeder agrees that, provided the requisite
final government approvals for the Boynton Beach Boulevard PCD
application are obtained, he, as the developer/owner thereof,
shall make, or cause to be made, the following improvements and
other arrangements in connection with the development of the
property which is the subject of the Eoynton Beach Boulevard peD
application:
(1) The installation of a minimum twenty-five
(25) foot wide landscape buffer between the project and
stonehaven PUD along the entire length of the adjacent property
lines. Eutfer shall include:
(a) Four (4) foot high berm;
(b) six (6) foot hi9h masonry wall 'locate4
in the center of the buffer;
(c) Barbed wire barrier on top of the wall
subjec~ to city of Boynton Beach approval;
,
(d) Landscaping which consists of a minimum
of two (2) rows of shade trees twelve (12) to fourteen (14) teet
in heiqht at time of planting, located on thirty (30) toot
centers. One row shall be placed on each side of the wall. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
-2-
(e) Construction of wall and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) Maintenanoe of the wall, berm, and
landscaping on ooth sides of the wall shall remain the obligation
of the developer/owner.
(3) All Australian pines within fifty (SO) feet
of the Stonehaven pu~ property line along Banyan Creek Circle
North and within the southernmost ten (10) acres of the Boynton
Beach Boulevard PCP shall be removed by the developer/owner upon
initial approval of the application by the City commissioners of
Boynton Beach, Florida.
I
(4) Entry ipto and maintenance in effect of a
contract to provide continuous rodent and pest control, such
contract to be entered into prior to commenoement of closing/site
work. to cover all of the property which is the subj ect of the
Boynton Beach Boulevard PCD application.
(5) Building heights will be' limited to one story
(maximum 2S feet) for anchor store only, balance of shopping
center to be maximum of twenty-two (22) feet high.
(6) All lighting shall be of low intensity and
shall be shielded and directed away from surrounding properties
and rights-Of-way.
(7) The architectural treatment at the rear of
the shoppinq center is to match the front of the shopping center.
(8) Screening and noise mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level. if approved by the City conuuission, city of
Boynton Beach, Florida.
B. In consideration of the foregoing promises, the
Association endorses the tlBoynton Beach Boulevard PCD"
application and requests that the members of the City Planning
and Zoning Board ana City commission approve it.
II. "Knuth Road PeDn.
A. Winchester agrees that, provided the requisite
final government approvals for the Knuth Road PCD application are
obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arranqements in connection with the development of the property
which is the subject of the Knuth Road peD application:
(1) A liiix (6) foot masonry wall shall be built
-3-
~
adjacent to tho east right-of-way line of Knuth Roa~ trom
Stonehaven PUD's north property line (adjacent to office
building) south along the north right-of-way line of the LWDD L-
25. The AS5ociation agrees to assist the developer in obtaining
approval to include this wall section in the development plans
for Knuth Road PUD subject to appropriate impaot fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and stonehaven Drive the placement
of said walls shall be done in manner reasonably suitable to the
Association. It is the intention of the Association that these
walls conform with the existing layout of the present entrance
into stonehaven pun and to accommodate location of suard qates.
(see II.A.(4) (c) belo~.J
(2) The Knuth Road peD property owner shall be
required to provide maintenance for said walls for ~ive (5)
years.
(3) Construction of the wall shall occur
simultaneously with site preparation and prior to the
commencement of construction of any buildinqs.
(4) The owner of the Knuth Road PCD property will
participate as follows in providing additional security of
stonehaven PUD:
(a) Assist in preparing applications and
seeking approval for the abandonment by the City of Boynton
Beach, Florida, of Stonehaven Drive from Knuth Road to LWOO L-25
to secure the safety, well being and property values of the
residents of Stonehaven PUD. These applications will commehCe
upon approval of this project by the City Commission of Boynton
Beach, Florida.
(b) construction of the fOllowing masonry
wall segments which shall occur simultaneously with site
preparation and prior to the commencement of construction of any
building5 and (which will not be 5ubj ect to any impact fees
credits):
1. A section of a six (6) foot high
masonry wall identical to wall in II-A- (1) fifty (50) feet in
length extendin9 from the east right-ot-way of Knuth Road
adjacent to the existing office building parking area along the
north property line of Stonehaven PUD.
2. Construction of a six (6) foot
masonry wall identical to wall in II-A-(l) along thQ north right-
of-way 1 ine of LWDD L-25 from a point parallel with the eaEt
property line of "Tara Oaks PUD" easterly to the west right-of-
way line of Stonehaven Drive. Said wall section shall commence
-4-
,
from the termination point of the wall section referenced in
Sect.ion III below and will be the obligation of "Tara Oaks PUO".
:3 . Construction of an identical wall
extended from the east right-of-way of Stonehaven Drive along the
north right-of-way line of LWDD L-25. This wall shall be of an
appropriate length, not to exceed fifty (50) feet, in order to
create a suit.able accented entry.
4. Provide landscaping to the extent
possible adjacent to the wall sections subject, to a final
determination of land area available. Provide landscaping in the
form of twelve (12) to fourteen (14) foot shade trees on thirty
(30) foot center in those areas where adjacent property is
available within stonehaven PUD and agrees to provide maintenance
for said walls for five (5) .years.
(c) Upon a successful completion of the
abandonment of stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
guard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type
and style of guard gates along with the type of electronic
entrance systems to be used with these guard gates 1IIill be
determined by the Association. Upon completion of construction
of all walls required to be built pursuant to this Agreement, the
developer/owner of the Knuth Road PCD property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five Thousand Dollar ($35,000.00) amount!
contemplated by this Agreement. These funds shall be held in an
interest bearing account. FunQ5 shall be disbursed from this
account, in an amount up to Thirty-Five Thousand Dollars
($35,000.00), in satisfaction of the Knuth Road PCD property
owners obligation to contribute toward guard gate construction
costs as set forth in this paragraph. Upon completion of
construction or disbursement of Thirty-Five Thousand Dollars
($35,000.00), in the aggregate, the remaining funds shall be
released to the Knuth Road peD property owner.
(5) Installation of a traffic light in accordance
with governmental requirements at the intersection of Boynton
Beach Boulevard and Knuth Road.
B. In consideration of the foregoing promises, the
Association endorses the "Knuth Road PCD" application and
requests that the memberG of the city Planning and Zoning aoard
and City commission Approve it.
III. "Tara Oaks PUD".
A. Winchester agrees that, provided the requisite
final government ~pprovals for the Tara Oaks PUD application m~e
-5-
obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arrangementa in connection with the development of the property
which ia the subject of the Tara Oaks pun application:
(1) Construction of a six (6) foot masonry wall
along the north right-of-way line of LWDD L-25 from the east to a
point. parallel with the east property line of lITara Oaks PUD".
It is the intent that his wall section connect with the
stipulated wall section oontained in the oonditions ot: "Knuth
Road PUD". This wall shall be landscaped in the same manner as
the wall. in II-A-(4)-(b}-4 and deve~oper agrees to provide
maintenanoe for said wall for tive (5) years.
(2) Creation ,of a twenty-five (25) foot wide
landscape buffer along the ,north property line adjacent to the
south right-of-way line of the LWDD L-25 Canal. That buffer will
consist of landsoaping which consists of a minimum of two (2)
rows of shade trees twelve (12) to fourteen (14) feet in height
at time of planting located on thirty (30) toot centers. Tree
looation shall be staggered to provide the effect of fifteen (15)
feet on center separation.
(3) No buildings shall be located closer than
forty (40) feet from the north property line of "Tara Oaks PUD".
This setback creates a minimum separation of one hundred seventy-
five (175) feet from the most northerly building to the closest
individually owned south property line of Stonehaven PUD.
B. Based on the foregoing, the Association e.ndorses
the "Tara Oaks PUD" application ~nd requests that the members of
the city Planning- and zoning Board and City commission approve
it.
IV. Miscellaneous.
A. Walls contemplated by this Agreement shall be
masonry walls provided by Anchor Wall Systems, or similar
construction, including pilaster caps on all columns with the
Association approving the color and texture on all such walls.
B. Winchestel:' and Schroeder agl:'ee to pay reasonable
attorneys I fees incurred by the Association for its law firm to
review thi. Agreement.
V. Aqreement to Run With Land. It is the intention of the
parties that the obligation to make the improvements and other
arrangements described in this Agreement, with respect to each of
the real properties which are the subject of the applications,
shall if the applications are approved, become covenants running
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
-6-
thereatter so long as that person or entity shall have an
ownership interest in the property. Neither Winchester nor
Schroeder lIhall be under any personal obligation to make, or
cause to be made, the improvements and other arrangements
provided for in this Agreement with respect to the real
properties which are the subject of the Boynton Beach Boulevard
peD, the Knuth Road peD and the Tara Oaks PUD applications if the
provisions of this Agreement with respect to all of such
improvements and other arrangements are, by the filing of
appropriate instruments, made covenants of record running with
the land and bindinq upon the person or entity having fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
affirmative injunctive relief to enforce specifically the full
and timely performance of the obligations set forth in this
Agreement concerning the ma,king of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstanding, neither
winchester nor Schroeder shall have any personal or other
obligation to make, or cause to be made, the improveme.nts or
arrangements provided for in this Agreement as to any of the
properties, which are the subject of the referenced applications,
unless the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the City of Boynton Beach with respect
to same.
AS TO BILL R. WINCHESTER
AS TO MICHAEL A. SCHROEDER,
TRUSTEE
(Winchester\Stonel.Aqm\06/19/90)
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