AGENDA DOCUMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-102
Agenda Memorandum for
March 21, 1995 City Commission Meeting
TO:
Carrie Parker
City Manager ~~
Tambri J. Heyden
Planning and Zonin Director
FROM:
DATE:
March 16, 1995
SUBJECT:
Tara Oaks PUD - CNTE 94-005 & MPTE 94-003
Time Extension - master plan and concurrency exemption
Please place the above-referenced request on the March 21, 1995
City Commission agenda under Development Plans, Non-consent agenda.
DESCRIPTION: This is a request for approval of an eighteen (18)
month retroactive and an indefinite time extension for
zoning/master plan approval and concurrency
exemption/certification, submitted by Kieran Kilday, agent for Bill
Winchester, property owner of the Tara Oaks PUD located at the
northeast corner of Knuth Road extended and Woolbright Road. The
expired master plan depicts one hundred ninety-two (192) multi-
family units, private recreation and a twenty thousand (20,000)
square foot church.
RECOMMENDATION: The Planning and Development Board, with a 6-1
vote, recommended denial of this request. The Board recommended
that the zoning and land use of the subject property be re-
evaluated as part of the 1996 Evaluation and Appraisal Report
(E.A.R.) of the Comprehensive Plan.
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6. A.l
TARA OAKS pun
TIME EXTENSION
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-094
FROM:
Chairman and Members
Planning and Development Board
Tambri J. HeYden-r!/+
Planning and Zoning Director
Michael E. Haa~!:J~~
Zoning and site.~veropment Administrator
March 9, 1995
TO:
'l'HRU:
DATE:
SUBJECT:
Tara Oaks PUD - File No. CNTE 94-005 & MPTE 94-003
Time Extension (Amendment to Planni~g and Zoning
Department Memorandum No. 95-037
At the request of the applicant, Kieran Kilday, the Planning and
Development Board at their Febru:n-y 14, 1995 meeting postponed
action on the request for a time extension for zoning/master plan
approval and concurrency exemption for the above-referenced
project. The applicant requested postponement due to incomplete
traffic information and related unresolved issues.
This memorandum serves to address these issues that could not be
addressed in the original staff report, Planning and Zoning
Department Memorandum No. 95-037. Based on recent Commission
sentiment regarding approving multiple and retroactive time
extension requests, staff has required, pursuant to the concurrency
management ordinance, traffic information to be submitted with such
requests. The purpose of the traffic information is to identify
any repercussions associated with approving a time extension with
an exemption from current traffic requirements; the difference
between traffic improvements that were required at the time of the
original development order vs. improvements that would be required
today. For example, the original traffic study did not include all
roadway links reviewed under the existing Traffic Performance
standard Ordinance.
The Planning and Zoning Department has reviewed the March 6, 1995
letter from Mr. Kieran Kilday (see Exhibit "AA") , agent for Hr.
Bill Winchester, property owner, and the March 7, 1995 letter from
111'. Dan Weisberg (see Exhibit "BB") , Palm Beach County - Traffic
Division. The unidentified previous petition mentioned in the Tara
Oaks portion of Mr. Weisberg's letter refers to a previously vested
approval that was granted for 77 Single-family homes which equates
to 770 daily trips. As stated in Mr. Weisberg's letter the updated
traffic stUdy meets Traffic Performance Standards (TPS) on all
roadways.
MEH:dim
Attachments
a:TaraTmlx.slldl-P&D
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E X H I BIT AA
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TEL tD: 407-689-259
**340 P01
l'ffi-ffi-'95 I'J)I 16:04 10:1<1 Y & ASSOC.
.ldIy .. AlIeNI....
LlndKtPt ArohltlOtll PI,"",,.
URn PoruM Pllc.
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14071 8Q8-B2 . 1=.,11 ..t01' 88Q-21112
Maroh 8.1885
MI. lambrt Hayden. Planning Dlreotor
City of Boynton Seach Planning & Zoning Department
100 Eut Boynton Beaah Blvd.
Boynton B&!J4oh, FL a34~6
Re: Knuth Road P.C.D. -and Boynton Beach P,C.D. Time Extenllons
Our ProJ&Ct No.: 799.16
Dear Me. Heyden,
Thank you for meeting with Bill Winchester and myself last week to discuss the
Time E)denalona for Boynton Beach P,C.D. and Knuth Road P.C.O. ~ ot thle
dots. I am atln wattlng for verification from the County Engineer that phaelng for
each ot the above proJects would only Qccur atter lhe trips generatea by elan
protect exceeds 3.381 trips per day. Thla number Is the number that WIJB
calculated bv our traffic engln$sr, Mr. Robert RennQbaum, In asalgnlng 1I'\e 1%
that Is allowed to utilize Gateway Boulevard and wor1<lng the trip. backwaads to
tho flit. baaed upon thfll auignments contained In tho original trafflo study.
As you are aware, Mr. Winchester 18 concerned that this proJect Is being requlrecl
to retl'oactlvelv meet phasing requirements when there are many other proJects
In the City of Boynton Beach which have received extensions wIthOut any phasing
requln~ment. For that reuon, wO are requaatlng an agreement with the City thai
either proJ$Ct be allowed to utilize all or peu1 of the 6,722 total trips that thEf
projects would be allowed before the requirement ot phasing. In other WOrds,
since each project would be permitted to generate 3.361 trips It makes sense that
we be allowed to assign either all or part of the trips to ona project as It I. likely
that one proj-=t will move ahead quick$( than the ether projeot.
One additional IAUe which we dIscussed at our m...tlng which we woulc:lllke to
have resolVed at tn. time of the con81deratlon of the extGnelon requ..' Ie the faot
that the Knuth Road P.O.O. has an approval on It'a MaBter Plan Including a ..rvlc.
ltatlon. While wa are awere that the eervlc. atallan cr1.r1a whloh \'MI acIopted
art.r thll approval would not allow thl. uae at this comor. our ability to proceed
:..-
J.~-(j::,-'95 lUll 16:05 ID:I' JAY /\I ASSO::.
TEL ID: 407-689-2~...,,",
1:*3413 P02
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MI. Tambri Htyden
March 8. 1 tiG
Page .2
using our approved master pian Is very Important. In an probability, baaed on
some very recent dllcunlons with usera of the Knuth Road p.e.D., WIt believe
that the service station U66 will In fact be the first phase af the development of this
center. Additionally, with the construction of the service station, we hope to be
In a position to construct Knuth Road from It I current termlnua and I. lOutherly
to the canal croaslng. (Tara Oaks P.U.D. will continue this conatructlon lOuthertv
to Woolbright Road.)
At this time, we expect the petition to be heard by the Planning Commlulon an
March 14. '1*16. I will make my.elf available at any time should you wl8h to
dllSCUS8 these mattel"8 funher. I will oontlnue to seek wrtuen confirmation from the
Col.lnty Engineer that me phasing requirement referE.need In this letter I. In tact
correct.
cc: Mike Schroeder
Bill Wlnoheeter
//
E X RIB 1 T BB
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/1AR-LJ7-199=.; 09; 27
Board of Couuty Commissioners
K~n L Fost€l', Chairman
Burt Aaronson, VicQ Chilh'm:ln
Kl1ren T. Mtu'''\1~
Cltrol ^. Rohert,
Wan'ell H. NeweU
Ma!')' McCnrty
\1aude Ford Lee
~~222222222222222
407 478 5770 P,1ZI2/1ZI3
county Administrator
{{obert Weisman
Department of Engineering
and Public Works
Mar'ch 7, 1995
Mr. M1ke Haag
Clty of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, fL 33425-0310
RE: BOYHTOH BEACH BOUI.EVARD P.C.D.
KNUTH ROAD P.C.D.
TARA OAKS P.U.D.
Dear Mr. Haag;
The Pa"lrn Beach County Traffic D1v1S10n has traff1c reviewed the three traffic
ana'iyses prepared by Slmmons &. Wh1te for these three proposed developments. The
three studies are updates to the K. S. Rogers traff1c studies prepared in 1990.
Tha.)' use the trip generation and trip distr1but1Gn from tile K. S. Rogen studies
and update the existing traffic volumes (1994) and the future traffic (1997)
volumes. lhase traffic studies do not address traffic on Gateway Boulevard for
the tHO p.e.D.st as would be required by ths eXlst1ng Traffic Performance
Standards (TPS). A letter received yesterday fram S1mmons & Wh1te prov1des some
of the requ~sted add;tional infor~lation for Gateway Boulevard.
~~n_~h Boulevard P.C.DL
The upddled Lr'iirric study addresses 120,000 square fect of general reUll. The
traifi: stUdy states that the it address 110,375 square feet of general reta11
and outparcels consisting of a 5t625 square foot bank with drive-through and a
4.000 square foot high-turnover restaurant. The outparcels are high traff1c
gen~raturs and the traffic study does not properly address the outparcel uses.
The 120.000 square feet of retail will generate 4,818 net daily trips with a
build..cut of 1997. The study shows that the project \IIi11 meet the requirements
of TPS un all roadways except Gateway Boulevard. Gateway Boulevard restricts the
d~vp.lopment to 75.700 sQuare feet of general retail (3,361 daily trips) until it
is ~,idened t.Q six-lanes in FY 96/97.
~nuth Road-f,.C.p.
The updatQd traffic study addresses a 120.000 square foot shopping center which
includes 110,375 square feet of general retail and outparcels consisting a 4t500
square fOJt bank with drive-through and service staticn with a 2,000 square foot
convQniQnco stors and a car wash. The project will generate 6,221 net daily
trips with a build-out of 1997. The study shows that the project will meet the
~QQuirlilmenh of lPS on all rOCldways except Gateway Boulevard. Ga.teway Boulevard
"An Equ:l1 O.'rnrhm'l}' - Affirm:Hiv.. ,\ctilln r.ll\plnr~r"
rt} 1"""(1. on t'IX,.~:..uj ~~,.l#Jl.r
Do:\; 21219 West Palrn Bei/ch, Florida 33-U6.12:l9 (407) 684-4000
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4~7 478 577~ P.~3/~3
March 7. 1995
Mr. Mike Hug
BOYNTON BEACH BOULEVARD P.t.D.
KNUTH ROAD P.C.D.
TARA OAKS P.U.D.
page two
restr1cts the development to 75.700 square feet of general reta11 (3,3el daily
trips) until it is widened to stx-lanes 1n FY 96/97.
Tara Oal<s P.U.....O.
The updated traff1c study discusses a project cons1st1ng of 19Z mult1-fam11y
dwalling units and a 20.000 square foot church. Th1s project would generate
1.498 daily trips. The study ~entions an unidentified previous pet1t1on which
aCCl)Unts for 710 of the projects daily trips. Like the K. S. Rogers study. the
updated study does not address these trt'ps. Rather, it addresses 728 daily trips
from an undefined project. The updated'study shows that thts undefined project
me.ets TPS on all roadways, based on a build-out of 1997.
In your letter dated January 20, 1995. your requested verification that the
roadway improvements listed in the Sinmons & White reports are still applicable.
There is no information in these reports that allows me to verify the need for
those roadway improvements.
I am so)"ry for the delay in res~ondin9 to your request. The form of the updated
traffic studies and missing information did not allow a timely review. If you
have a~y questions regarding this determination, please contact me at 684-4030.
Sincerely.
/
OFFICE OF THE COUNTY ENGINEER
~~~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
ce. Rob Rennebaum. P.E.. Simmons & White
Fi19: lPS - Mun. - Traffic Study Review
h:\traffic\diw\boyn37
TOTAL P.0:3
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I
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-037
TO:
Chairman and Members
Planning and Development Board
THRU:
Tambri J. Heyden
Planning and zoning Director
FROM:
Michael E. Haag
Zoning and site Development Administrator
DATE:
February 9, 1995
SUBJECT: Tara Oaks PUD - File No. CNTE 94-005 & MPTE 95-003
Time Extension (zoning/master plan approval and
concurrency exemption)
NATURE OF REQUEST
Kieran Kilday of Kilday & Associates, agent for Bill Winchester,
property owner, is requesting an indefinite time extension for
Planned Unit Development (PUD) zoning/master plan approval and
concurrency exemption/certification for the Tara Oaks PUD (see
Exhibi t "A" - letter of request). The Planned Unit Development
consists of 192 multi-family units, private recreation and a 20,000
square foot church (see Exhibit liB" - approved master plan). The
PUD is to be located at the northeast corner of Knuth Road extended
and Woolbright Road.
BACKGROUND
On June 21, 1988, the city Commission approved a master plan and
rezoning of the Tara Oaks PUD property from R1AAA (Single Family
Residential) to PUD with a land use intensity (LUI) of 4.00 for 78
single family, detached units.
On December 18, 1990, after review by the Department of Community
of Affairs (DCA) and despite objections, the city Commission
approved ordinances for a land use element amendment that changed
the land use classification of the property from Low Density
Residential to Medium Density Residential and rezoning of the
property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192
multi-family units, private recreation and a 20,000 square foot
church. The adopted comprehensive plan amendment was transmitted
to DCA all December 19, 1990, along with responses to DCA'S
objections. In February 1991, the DCA issued a notice of intent to
find the comprehensive plan amendment in compliance.
These applications were submitted under Palm Beach County'. curront
traff1c peJ.:foJ,-anancse .tcmdards ol:din<<ll'\o$, howevet" p:r1Q1.~ to tlUI
effective date of the city's concurrency manaqement ordinance.
Therefore, concurrency certification for traffic and concurrency
exemption for drainage amd neighborhood parks were granted with the
1990 approval.
On June 2, 1992, the city Commission approved a request to allow
construction of the south portion (adjacent to the church parcel)
of Knuth Road, prior to preliminary plat approval of the property.
The reason for submitting the request was to ensure the Church of
Jesus Christ of Latter Day Saints' purchase of the church parcel
within the PUD, which took place on June 26, 1992.
On June 16, 1992, the City Commission granted a one (1) year time
extension that extended the project's June 18, 1992 expiration date
to June 17, 1993. No application for extensions was made since
the June 1993 expiration, until the subject extension which was
filed in November 1994; a period of one year and five months. This
is the need for a retroactive extension.
I
Page 2
planning and Development Board
Memo No. 95-037
Time Extension for
Tara Oaks PUD
February 9, 1995
On April 8, 1993, the city commission approved a master plan
modification for the Tara Oaks PUD to amend the condition of
approval which required the construction of Knuth Road to be tied
entirely to the Tara Oaks PUD. The approval of the master plan
modification allowed the construction responsibility for Knuth Road
to be shared by the Knuth Road PCD.
ANALYSIS
Several sections of the code of ordinances govern' these types of
extensions. Regarding expiration of the concurrency exemption for
the project, Section 19-92 (e) of Chapter 19, Article VI of the
Code of Ordinances states that such requests for time extensions
"may be filed not later than 60 days after the expiration of said
certificate or exemption". It furthers states that "time
extensions may be granted for any length of time which does not
exceed one year". Historically, retroactive extensions combined
with a "current" extension that equate to more than one year, have
been granted under certain circumstances.
Regarding the projects's previous exemption to the current drainage
and neighborhood parks levels of service, the project meets the
current drainage and neighborhood parks requirements. As
previously stated, the 1990 approval was reviewed against the
current traffic levels of service. Therefore, traffic
certification was received at the time of the approval. With the
subject request, a traffic study was submitted to identify any
changes in the 1990 certification. The Palm Beach County traffic
division is coordinating the receipt of additional information to
make this determination and indicated that they would try to have
a response to the City by the planning and Development Board
meeting.
The other section applicable to this request is section 9.C.13 of
Appendix A - Zoning, wherein it states that the city commission
shall review any rezoning approval to a planned zoning district
(PUD, PID or PCD) that has expired and take action in accordance
with paragraphs a. and b. below:
"a. The city commission may extend the zoning of the property
for a period of one (l) year or more, or may extend the
zoning of the property indefinitely. If development of
the property in the manner specified above does not occur
by the end of said time extension, the city commission
may grant additional time extensions or may take action
in accordance with paragraph b. below:
b. The city commission may instruct the city manager to file
an application to a more l-estrictive zoning district
and/or future land use category. The zoning of the
property shall be considered to be extended until final
adoption of the more restrictive zoning district and/or
future land use map use category."
Consistent with section 9.C.13 of APpendix A - zoning, the Planning
and Zoning Department is forwarding the request for review and
direction regarding the status of the approval. If the approval is
not retroactively extended, the city Commission may wish to
instruct staff to file a rezoning and/or land use amendment
application to a more restrictive zoning category. If the approval
is retroactively extended, the city Commission should specify
whether the approva~ is extended indefinitely or for a set period
of time.
'2
Page 3
Planning and Development Board
Memo No. 95-037
Time Extension for
Tara Oaks PUD
February 9, 1995
One of the original DCA objections with the increase in
intensity/density of the residential land use was based on staff's
determination that the change in residential land use was contrary
to the established land use pattern (surrounding Low Density,
Moderate Density and Low Residential 3 land uses) and that the
applicant had not demonstrated where the increase in water and
sewer capacity was available elsewhere in the water and sewer
service area. Since the preparation in 1989 of the Potable Water
Sub-element of the Comprehensive Plan, water capacity has
increased. The City is required to submit its EAR (Evaluation and
Appraisal Report) of the comprehensive plan by August of next year.
As part of the EAR, staff will reevaluate the appropriateness of
the land use of the property, if development has not commenced.
The applicant is stating 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 Knuth Road culvert crossing over the L.W.D.D. L-26 canal
is in place, however it has not been verified to the Engineering
Division that the work was certified. A clearing and grubbing
permi t for the Knuth Road right-of-way. was issued on March 24,
1993, which has not been determined whether a final inspection was
received. On April 8, 1993, the city Commission approved an
excavation and fill permit for the construction of Knuth Road and
an excavation final inspection was received on Januar~ 21, 1994.
The applicant has also prepared plans for the construction of the
south portion of Knuth Road, adjacent to the church parcel, that
were last submitted in May of 1993. However, construction could
not be approved by the city until certain May 4th, 1993 comments
were addressed. This has not yet occurred.
RECOMMENDATION
For the above reasons, on January 10, 1995 and January 24, 1995,
the Technical Review Committee reviewed the request and recommended
that a time extension be granted, subject to all previous comments
and conditions of rezoning and master plan modification approval.
However, rather than granting an extension for an indefinite period
of time, staff is recommending that the extension expire on June
18, 1996. The extension, if approved as recommended by staff,
would equate to a retroactive extension from June 18, 1993 to
Februal"y 21, 1995 (one year and nine months) and an additional
extension from February 21, 1995 to June 18, 1996 (one year and
four months) .
MEH:dim
attachments
xc: Central File
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f,1t.UJ.13J.'f 1\
A-
Kilday & Anocl.t..
landscape Archltectsl Planner.
1551 Forum Place
Suite l00A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: 1407) 689-2592
November 23, 1994
Ms. Tambri Heyden, Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Request for T1me extensions
PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75)
Knuth P.C.D. (Ordinance 90-70)
Boynton Beach Boulevard P.C.D. (Ordinance 90-73)
Dear Ms. Heyden,
This letter will serve as a formal request to have the City Commission of Boynton Beach
review the status of the above three (3) Planned Developments and to grant further time
extensions for their commencement of development. I have reviewed your Zoning Code
In an effort to determine the proper procedure for extending these project approvals. It
appears that the only process available at this time Is contained In Section 9, Article 13,
Time Limitation for Development of Property. In fact, this section was the basis for a
similar review of the Capitol Professional Center PCD (located at the southeast corner
of Knuth Road and Old Boynton Road). In that case, the Commission, after determining
that the existing Planned Commercial Development zoning was the most appropriate
zoning for the property, granted an indefinite time extension. I have attached the staff
report and time extension letter for your review.
All three (3) of the above referenced Planned Developments were approved on
December 1 B, 1990. . Since that time, while there has been some activity concerning
each of the projects, there has not been formal final development plan approval and/or
construction. The original eighteen (18) month time limit of the approvals would have
expired on June 18, 1992. However, on June 16, 1992, the City Commission approved
our request to extend the expiration dates of the three (3) planned developments for one
(1) year until June 17, 1993 (see attached letter from Chris Cutro dated June 29, 1992).
No action or review has taken place since that time. Due to the down swing In the
economy. the property owners have been unable to successfully commence
development which, In this case. Is recording of a plat of record for the first phase of
development. However, the property owners have worked continuously on all three
projects since the last extension in an effort to commence development.
m
mO\VJrn
rn
5
Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiration of the time extension on June 18, 1993, the properties have been
in a sort of limbo. If you recall, the two commercial properties were annexed Into the
City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned
Commercial Development Zoning District Is the only zoning dlstrtct that has ever been
assigned to them within the City of Boynton Beach. With regard to the Tara Oaks
property, the project was already an existing Planned Unit Development when It was
modified to Its current master plan statue. Therefore, assuming that the Planned
Development approvals have expired for all three protects, I have no Idea what the actual
underlying zoning would be. I believe that Is why the provisions of Section 9, Article 13
were provided In the Code. As In the case of the Capitol Professional Center POD, the
projects olearly need to be revisited by the City Commission to determine whether the
existing zoning Is the most appropriate zoning and, assuming that It Is, formal action
should be taken regarding the extension of these approvals.
Needless to say, my clients are actively seeking extensions of these approvals. Despite
the economic problems which prevented these projects from moving to the next step in
the development process, there has been activities undertaken throughout the entire
timeframe of the approvals to ready these projects for development For the purpose of
your analysis regarding the status of these projects, I have prepared a summary of
activities for each project below. Additionally, I will be calling your office to set up a
meeting to review these projects with you and I will be prepared to be present at the time
of their consideration by the City Commission. At this time, I am not aware of any formal
application procedure. However, if there Is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Development. This project received a rezoning
approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0
to a P.U.D. - Planned Unit Development with a land use Intensity of 5.0. This
prolect also received a land use amendment approval from Low Density
Residential to Medium Density Residential. Both of these ordinances were passed
on final reading by the City Commission on December 18, 1990.
As part of the rezoning and land use approval, the applicant entered Into an
agreement with the Stonehaven Homeowner's Association which required the
applicant to commit to numerous conditions of approval Including providing a
buffer wall on the project's north property line along with a twenty-five foot wide
landscape buffer and a 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. (copy attached.) This agreement Is still active and binding.
Since the approval of the project the applicant has done the following:
1. Pursuant to the approved master plan, the south portion of the property
was designated for utilization by a church. In fact, this property was sold
{,
Ms. Tambrl Heyden
November 23. 1994
Page 3
to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached warranty deed). Therefore, the Planned Unit Development now
has two separate owners, the applicant and the church.
2. In order to develop this first phase for the church parcel, the applicant
requested an approval for road Improvements for the Tara Oaks P.U.D.
This request was made by Rick Rossi of Rossi & Malavasl Engineers, Inc.
to con.truct a portion of Knuth Road at the 80uth end of the iara Oakl
P.U.D. to aocommodate the pending purchase of the church parcel.
Subsequently. on June 2, 1992 the City Commission granted approval of
the partial Knuth Road Improvements required by the Tara Oaks P.U.D.
(see attached letter dated June 12. 1992 from Chris Cutro). Also attached
Is a letter from the Boynton City. Engineer dated June 19. 1992 Indicating
what additional work was required to obtain a land development permit for
the road construction. The applicant expended over $4,000.00 In
conjunction with obtaining approval of these preliminary plans.
Additionally, the applicant has obtained the previous construction plans
from the previous owner which will be modified in order to obtain final
permits. (It should also be noted that over $100,000.00 has been set aside
In an escrow account to guarantee construction of this portion of Knuth
Road at such time as the church Is ready to pull building permits for the
development of the site.)
3. The applicant has compiled with the zoning condition of approval to
dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Road
pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated
June 26, 1992).
4. The applicant has expended over $28,000.00 for the construction of the
canal crossing at the Intersection of Woolbright Road and Knuth Road.
Attached is correspondence concerning the canal crossing Including:
a. A letter dated April 24, 1992 from the Department of Environmental
Resource Management Indicating that no pennlt would be required
pursuant to the Palm Beach County Wetlands Protection Ordinance.
b. A letter from South Florida Water Management District granting a
permit exemption dated April 29. 1992. This letter Indicates that the
South Florida Water Management District will not be analyzing the
surface water management system.
to-?
Ms.' Tambri Heyden
November 23, 1994
Page 4
c. A letter dated May 8, 1992 Issuing a permit for the culverting of
Knuth Road from the Florida Department of Environmental
Regulation.
d. A letter dated June 11, 1992 from the lake Worth Drainage District
approving the permit for the Knuth Road/Woolbrlght Road
Intersection and culvert at the l-28 canal.
e. A letter from the lake Worth Drainage District dated April 14, 1993
Indicating final acceptance and final Inspection of the Knuth Road
culvert crossing.
f. A permit from the Palm Beach County land Development Division
dated June 18, 1992 for Right-of-Way Construction Indicating
approval to connect Knuth Road Into the north right-of-way of
Woolbright Road.
g. Three (3) letters from the City consultant, Gee & Jenson, dated
January 18, 1993. April 9, 1993 and May 4, 1993. These letters
reference City Commission approval for the extension of Knuth Road
to the Tara Oaks church site and correspondence regarding
construction plans that were prepared and submitted by Rossi &
Malavasl to the City for approval.
6. Received approval for an excavation and fill permit by the City Commission
on April 8, 1993 for the construction of Knuth Road (see attached minutes).
6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing
permit for $6,000.00.
7. Requested a minor amendment to the master plan to amend a condition
of approval regarding construction of Knuth Road from the Stonehaven
P.U.D. on the north to Woolbright Road. This request was made on
June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash
receipt) .
II. Knuth Road p.e.D. This project received annexation, future land use amendment
approval, from County Commercial High to Local Retail, rezoning from County AR
- Agricultural Residential to City P.C.D. - Planned Commercial Development and
an approval for a text amendment to the City Land Use Element pertaining to
.
11
Ms. Tambri Heyden
November 23, 1994
Page 5
planning area 7, 7.J. As part of the rezoning and land use amendment approval,
this project was also the subject of an agreement with the Stonehaven P.U.D.
Homeowner's Association. This document Is also attached for your reference.
Since the time extension granted by the City Commission on June 16, 1992, the
property owner has done the following:
1. Received a master plan modification and site plan approval from the
Boynton Beach City Commission on June 2, 1992. This modification was
to allow the replacement of a restaurant on a comer of thl8 P.C.D. to allow
. oonvenlenoe store with ga80llne 811es.
2. Obtained a minor amendment to the master plan to split the construction
costs of the extension of Knuth Road from the Stonehaven P.U.D. entry
south to Woolbright Road. The applicant paid $500.00 for the request of
this modification.
III. Boynton Beach Boulevard p.e.D. This project received annexation approval,
rezoning approval from County AR - Agricultural Residential to City P.C.D. -
Planned Commercial Development. a Comprehensive Land Use Plan amendment
from County Commercial High to City Commercial Local Retail, and a text
amendment to the City's Land Use Element deleting language Indicating that this
property should be placed in a High Residential land use category. This project
also was the subject of an agreement with the residents of the Stonehaven P.U.D.
which abut the property to the west. Since the approval of the project, the
applicant has done the following:
1. As part of the original approval, the property owner agreed to comply with
a specific request from the Stonehaven P.U.D. Specifically, the removal of
several large Australian Pines along the portion of the property which the
neighbors considered to be a danger to adjacent property. Immediately
upon approval of this project, the property owner contracted with Arbor
Tree Services, Inc., who removed said trees.
2. This project also was the subject of a request for a minor master plan
modification In an effort to split the construction costs of the proposed
Knuth Road extension. As previously stated, the City Commission
approved a request for minor master plan modification for this project on
April 8, 1993 to allow all three (3) Planned Developments to split the Knuth
Road link construction costs.
q
. Ms: Tambri Heyden
November 23, 1994
Page 6
3. Received approval for an excavation and fill permit' from the City
Commission on November 16, 1993 (see attached letter dated November
23, 1993).
We have appreciated your working with us in the past. Recently, with the economy
improving, the applicant has received significant Interest In the development of all three
parcels. We are. therefore. optlmlstlo that with the proper extension.. we oan move
ahead In their development. In that regard. I am forwarding to you under separate oover
. request to finalize thelmpaot f.e oredlt agreement for the oonstruotlon of Knuth Road.
Plea.. f.el free to contaot me It you have any questions.
cc: Bill Winchester
Michael Schroeder
AKJKljb/heyden.n16
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TARA OAKS PUD
TIME EXTENSION
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-037
TO:
Chairman and Members
Planning and Development Board
THRU:
Tambri J. Heyden
Planning and Zoning Director
FROM:
Michael E. Haag
zoning and Site Development Administrator
DATE:
February 9, 1995
SUBJECT: Tara Oaks PUD - File No. CNTE 94-005 & HPTE 95-003
Time Extension (zoning/master plan approval and
concurrency exemption)
NATURE OF REOUEST
Kieran Kilday of Kilday & Associates, agent for Bill Winchester,
property owner, is requesting an indefinite time extension for
Planned Unit Development (PUD) zoning/master plan approval and
concurrency exemption/certification for the Tara Oaks PUD (see
Exhibi t "A" - letter of request). The Planned Unit Development
consists of 192 multi-family units, private recreation and a 20,000
square foot church (see Exhibit liB" - approved master plan). The
PUD is to be located at the northeast corner of Knuth Road extended
and Woolbright Road.
BACKGROUND
On June 21, 1988, the city Commission approved a master plan and
rezoning of the Tara Oaks PUD property from R1AAA (Single Family
Residential) to PUD with a land use intensity (LUI) of 4.00 for 78
single family, detached units.
On December 18, 1990, after review by the Department of Community
of Affairs (DCA) and despite objections, the City commission
approved ordinances for a land use element amendment that changed
the land use classification of the property from Low Density
Residential to Medium Density Residential and rezoning of the
property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192
multi-family units, private recreation and a 20,000 square foot
church. The adopted comprehensive plan amendment was transmitted
to DCA on December 19, 1990, along with responses to DCA's
objections. In February 1991, the DCA issued a notice of intent to
find the comprehensive plan amendment in compliance.
These applications were submitted under Palm Beach County's current
traffic performance standards ordinance, however prior to the
effective date of the city I s concurrency management ordinance.
Therefore, concurrency certification for traffic and concurrency
exemption for drainage amd neighborhood parks were granted with the
1990 approval.
On June 2, 1992, the City Commission approved a request to allow
construction of the south portion (adjacent to the church parcel)
of Knuth Road, prior to preliminary plat approval of the property.
The reason for submitting the request was to ensure the Church of
Jesus Christ of Latter Day Saints' purchase of the church parcel
within the PUD, which took place on June 26, 1992.
On June 16, 1992, the City Commission granted a one (1) year time
extension that extended the project's June 18, 1992 expiration date
to June 17, 1993. No application for extensions was made since
the June 1993 expiration, until the subject extension which was
filed in November 1994; a period of one year and five months. This
is the need for a retroactive extension.
I
Page 2
Planning and Development Board
Memo No. 95-037
Time Extension for
Tara oaks PUD
February 9, 1995
On April 8, 1993, the city commission approved a master plan
modification for the Tara Oaks PUD to amend the condition of
approval which required the construction of Knuth Road to be tied
entirely to the Tara Oaks PUD. The approval of the master plan
modification allowed the construction responsibility for Knuth Road
to be shared by the Knuth Road PCD.
ANALYSIS
Several sections of the code of ordinances govern these types of
extensions. Regarding expiration of the concurrency exemption for
the project, section 19-92 (e) of Chapter 19, Article VI of the
Code of Ordinances states that such requests for time extensions
"may be filed not later than 60 days after the expiration of said
certificate or exemption". It furthers states that "time
extensions may be granted for any length of time which does not
exceed one year". Historically, retroactive extensions combined
with a "current" extension that equate to more than one year, have
been granted under certain circumstances.
Regarding the projects's previous exemption to the current drainage
and neighborhood parks levels of service, the project meets the
current drainage and neighborhood parks requirements. As
previously stated, the 1990 approval was reviewed against the
current traffic levels of service. Therefore, traffic
certification was received at the time of the approval. with the
subject request, a traffic study was submitted to identify any
changes in the 1990 certification. The Palm Beach County traffic
division is coordinating the receipt of additional information to
make this determination and indicated that they would try to have
a response to the city by the planning and Development Board
meeting.
The other section applicable to this request is Section 9.C.13 of
Appendix A - Zoning, wherein it states that the city commission
shall review any rezoning approval to a planned zoning district
(PUD, PID or PCD) that has expired and take action in accordance
with paragraphs a. and b. below:
"a. The city commission may extend the zoning of the property
for a period of one (1) year or more, or may extend the
zoning of the property indefinitely. If development of
the property in the manner specified above does not occur
by the end of said time extension, the city commission
may grant additional time extensions or may take action
in accordance with paragraph b. below:
b. The city commission may instruct the city manager to file
an application to a more restrictive zoning district
and/or future land use category. The zoning of the
property shall be considered to be extended until final
adoption of the more restrictive zoning district and/or
future land use map use category."
Consistent with Section 9.C.13 of Appendix A - Zoning, the planning
and Zoning Department is forwarding the request for review and
direction regarding the status of the approval. If the approval is
not retroactively extended, the city commission may wish to
instruct staff to file a rezoning and/or land use amendment
application to a more restrictive zoning category. If the approval
is retroactively extended, the City Commission should specify
whether the approval is extended indefinitely or for a set period
of time.
'2
Page 3
Planning and Development Board
Memo No. 95-037
Time Extension for
Tara Oaks PUD
February 9, 1995
One of the original DCA objections with the increase in
intensity/density of the residential land use was based on staff's
determination that the change in residential land use was contrary
to the established land u.e pattern (surroundinq Low Density,
Hoderate Density and Low Residential 3 land uses) and that the
applicant had not demonstrated where the increase in water and
sewer capacity was available elsewhere in the water and sewer
service area. Since the preparation in 1989 of the Potable Water
Sub-element of the Comprehensive Plan, water capacity has
increased. The City is required to submit its EAR (Evaluation and
Appraisal Report) of the comprehensive plan by August of next year.
As part of the EAR, staff will reevaluate the appropriateness of
the land use of the property, if development has not commenced.
The applicant is stating 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 Knuth Road culvert crossing over the L.W.D.D. L-26 canal
is in place, however it has not been verified to the Engineering
Division that the work was certified. A clearing and grubbing
permit for the Knuth Road right-of-way was issued on March 24,
1993, which has not been determined whether a final inspection was
received. On April 8, 1993, the City Commission approved an
excavation and fill permit for the construction of Knuth Road and
an excavation final inspection was received on January 21, 1994.
The applicant has also prepared plans for the construction of the
south portion of Knuth Road, adjacent to the church parcel, that
were last submitted in May of 1993. However, construction could
not be approved by the city until certain May 4th, 1993 comments
were addressed. This has not yet occurred.
RECOMMENDATION
For the above reasons, on January 10, 1995 and January 24, 1995,
the Technical Review Committee reviewed the request and recommended
that a time extension be granted, subject to all previous comments
and conditions of rezoning and master plan modification approval.
However, rather than granting an extension for an indefinite period
of time, staff is recommending that the extension expire on June
18, 1996. The extension, if approved as recommended by staff,
would equate to a retroactive extension from June 18, 1993 to
February 21, 1995 (one year and nine months) and an additional
extension from February 21, 1995 to June 18, 1996 (one year and
four months) .
MEH:dim
attachments
xc: central File
a:OaksT1J1,Ext
.3
E X H 1 BIT A
4
Klld.y & Aaaocl.t..
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
14071 689-5522 · Fax: 14071 689-2592
November 23, 1994
Ms. Tambri Heyden, Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Request for TIme extensions
PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75)
Knuth P.C.D. (Ordinance 90-70)
Boynton Beach Boulevard P.C.D. (Ordinance 90.73)
Dear Ms. Heyden,
This letter will serve as a formal request to have the City Commission of Boynton Beach
review the status of the above three (3) Planned Developments and to grant further time
extensions for their commencement of development. I have reviewed your Zoning Code
In an effort to determine the proper procedure for extending these project approvals. It
appears that the only process available at this time Is contained In Section 9. Article 13,
Time Limitation for Development of Property. In fact, this section was the basis for a
similar review of the Capitol Professional Center PCD (located at the southeast corner
of Knuth Road and Old Boynton Road). In that case. the Commission, after determining
that the existing Planned Commercial Development zoning was the most appropriate
zoning for the property, granted an indefinite time extension. I have attached the staff
report and time extension letter for your review.
.-
All three (3) of the above referenced Planned Developments were approved on
December 18, 1990. Since that time, while there has been some activity concerning
each of the projects, there has not been formal final development plan approval and/or
construction. The original eighteen (18) month time limit of the approvals would have
expired on June 18, 1992. However, on June 16. 1992, the City Commission approved
our request to extend the expiration dates of the three (3) planned developments for one
(1) year until June 17, 1993 (see attached letter from Chris Cutro dated June 29, 1992).
No action or review has taken place since that time. Due to the down swing in the
economy, the property owners have been unable to successfully commence
development which, in this case. is recording of a plat of record for the first phase of
development. However, the property owners have worked continuously on all three
projects since the last extension in an effort to commence development.
U\Urn
5
Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiration of the time extension on June 18, 1993, the properties have been
In a sort of limbo. If you recall, the two commercial properties were annexed Into the
City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned
Commercial Development Zoning District Is the only zoning district that has ever been
assigned to them within the City of Boynton Beach. With regard to the Tara Oaks
property, the project was already an existing Planned Unit Development when It was
modified to Its current master plan statUI. Therefore, a.sumlng that the Planned
Cevelopment approvals have expired for all three projects, I have no Idea what the actual
underlying zoning would be. I believe that Is why the provisions of Section 9, Article 13
were provided In the Code. As In the case of the Capitol Professional Center PCD, the
projects olearly need to be revisited by the City Commission to determine whether the
exlltlng zoning Is the mOlt appropriate zoning and, assuming that It I., formal action
should be taken regarding the extension of these approvals.
Needless to say, my clients are actively seeking extensions of these approvals. Despite
the economic problems which prevented these projects from moving to the next step In
the development process, there has been activities undertaken throughout the entire
timeframe of the approvals to ready these projects for development. For the purpose of
your analysis regarding the status of these projects, I have prepared a summary of
activities for each project below. Additionally, I will be calling your office to set up a
meeting to review these projects with you and I will be prepared to be present at the time
of their consideration by the City Commission. At this time, I am not aware of any formal
application procedure. However, if there is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Development. This project received a rezoning
approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0
to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This
project also received a land use amendment approval from Low Density
Residential to Medium Density Residential. Both of these ordinances were passed
on final reading by the City Commission on December 18, 1990.
As part of the rezoning and land use approval, the applicant entered into an
agreement with the Stonehaven Homeowner's Association which required the
applicant to commit to numerous conditions of approval including providing a
buffer wall on the project's north property line along with a twenty-five foot wide
landscape buffer and a 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. (copy attached.) This agreement is still active and binding.
Since the approval of the project the applicant has done the following:
1. Pursuant to the approved master plan, the south portion of the property
was designated for utilization by a church. In fact, this property was sold
{,
Ms. Tambri Heyden
November 23, 1994
Page 3
to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached warranty deed). Therefore, the Planned Unit Development now
has two separate owners, the applicant and the church.
2. In order to develop this first phase for the church parcel, the applicant
requested an approval for road Improvements for the Tara Oaks P.U.D.
This request was made by Rick Rossi of Rossi & Malavasl Engineers, Inc.
to con.truot a portion of Knuth Road at the south end of the Tara Oake
P.U.D. to accommodate the pending purchase of the church parcel.
Subsequently, on June 2, 1992 the City Commission granted approval of
the partial Knuth Road Improvements required by the Tara Oaks P.U.D.
(see attached letter dated June 12, 1992 from Chris Cutro). Also attached
Is a letter from the Boynton City Engineer dated June 19, 1992 Indicating
what additional work was required to obtain a land development permit for
the road construction. The applicant expended over $4,000.00 In
conjunction with obtaining approval of these preliminary plans.
Additionally, the applicant has obtained the previous construction plans
from the previous owner which will be modified In order to obtain final
permits. (It should also be noted that over $100,000.00 has been set aside
In an escrow account to guarantee construction of this portion of Knuth
Road at such time as the church is ready to pull building permits for the
development of the site.)
3. The applicant has complied with the zoning condition of approval to
dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Road
pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated
June 26, 1992).
4. The applicant has expended over $28,000.00 for the construction of the
canal crossing at the intersection of Woolbright Road and Knuth Road.
Attached is correspondence concerning the canal crossing Including:
a. A letter dated April 24, 1992 from the Department of Environmental
Resource Management indicating that no permit would be required
pursuant to the Palm Beach County Wetlands Protection Ordinance.
b. A letter from South Florida Water Management District granting a
permit exemption dated April 29, 1992. This letter indicates that the
South Florida Water Management District will not be analyzing the surface water management system.
7
Ms. Tambri Heyden
November 23, 1994
Page 4
c. A letter dated May 8, 1992 issuing a permit for the culverting of
Knuth Road from the Florida Department of Environmental
Regulation.
d. A letter dated June 11, 1992 from the Lake Worth Drainage District
approving the permit for the Knuth Road/Woolbrlght Road
Intersection and culvert at the L-26 canal.
e. A letter from the Lake Worth Drainage District dated April 14, 1993
Indicating final acceptance and final Inspection of the Knuth Road
culvert crossing.
1. A permit from the Palm Beach County Land Development Division
dated June .18, 1992 for Right-of-Way Construction Indicating
approval to connect Knuth Road Into the north right-of-way of
Woolbright Road.
g. Three (3) letters from the City consultant, Gee & Jenson, dated
January 18, 1993, April 9, 1993 and May 4, 1993. These letters
reference City Commission approval for the extension of Knuth Road
to the Tara Oaks church site and correspondence regarding
construction plans that were prepared and submitted by Rossi &
Malavasi to the City for approval.
5. Received approval for an excavation and fill permit by the City Commission
on April 8, 1993 for the construction of Knuth Road (see attached minutes).
6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing
permit for $6,000.00.
7. Requested a minor amendment to the master plan to amend a condition
of approval regarding construction of Knuth Road from the Stonehaven
P.U.D. on the north to Woolbright Road. This request was made on
June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash
receipt) .
II. Knuth Road P.C.D. This project received annexation, future land use amendment
approval, from County Commercial High to Local Retail, rezoning from County AR
- Agricultural Residential to City P.C.D. - Planned Commercial Development and
an approval for a text amendment to the City Land Use Element pertaining to
.
8
Ms. Tambri Heyden
November 23, 1994
Page 5
planning area 7, 7.J. As part of the rezoning and land use amendment approval,
this project was also the subject of an agreement with the Stonehaven P.U.D.
Homeowner's Association. This document is also attached for your reference.
Since the time extension granted by the City Commission on June 16. 1992, the
property owner has done the following:
1. Received a master plan modification and site plan approval from the
Boynton Beach City Commission on June 2, 1992. This modification was
to allow the replacement of a restaurant on a comer of thl. P.C.C. to allow
. oonvenlenoe .tore with ;88ollne ..'e..
2. Obtained a minor amendment to the master plan to split the construction
costs of the extension of Knuth Road from the Stonehaven P.U.D. entry
south to Woolbright Road. The applicant paid $500.00 for the request of
this modification.
III. Boynton Beach Boulevard P.C.D. This project received annexation approval,
rezoning approval from County AR - Agricultural Residential to City P.C.D. -
Planned Commercial Development, a Comprehensive Land Use Plan amendment
from County Commercial High to City Commercial Local Retail, and a text
amendment to the City's Land Use Element deleting language indicating that this
property should be placed in a High Residential land use category. This project
also was the subject of an agreement with the residents of the Stonehaven P.U.D.
which abut the property to the west. Since the approval of the project, the
applicant has done the following:
1. As part of the original approval, the property owner agreed to comply with
a specific request from the Stonehaven P.U.D. Specifically, the removal of
several large Australian Pines along the portion of the property which the
neighbors considered to be a danger to adjacent property. Immediately
upon approval of this project, the property owner contracted with Arbor
Tree Services, Inc., who removed said trees.
2. This project also was the subject of a request for a minor master plan
modification in an effort to split the construction costs of the proposed
Knuth Road extension. As previously stated, the City Commission
approved a request for minor master plan modification for this project on
April 8, 1993 to allow all three (3) Planned Developments to split the Knuth
Road link construction costs.
q
Ms. Tambri Heyden
November 23, 1994
Page 6
3. Received approval for an excavation and fill permit' from the City
Commission on November 16, 1993 (see attached letter dated November
23, 1993).
We have appreciated your working with us In the past. Recently, with the economy
Improving, the applicant has received significant Interest In the development of all three
parcels. We are, therefor., optlmlltlo that with the prop.r exten.lon., we oan move
ahead In their d.v,'opment, In that r.gard, I am forwarding to you under l'Parate cover
. reque.t to flnellze the Impaot f.e oredlt agreement for thl oonltnJOtlon of Knuth Road.
PI.... ,..1 tr.. to contact m. If you have any questions.
cc: Bill Winchester
Michael Schroeder
AKJKljb/heyden.n16
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