The URL can be used to link to this page

LEGAL APPROVAL - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Motion Vice Chairman Golden moved to approve the minutes of the December 12, 1995 meeting. Mr. Wische seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms. Heyden reported on the following items: Tara Oaks PUD Master Modification - In the past, master plan modifications have not gone back to the City Commission after being reviewed by the Planning and Development Board. However, the Land Development Regulations were changed last April, and master plan modifications are now going back to the City Commission after being reviewed by the Planning and Development Board. In this case, the City Commission approved the revisions to the conditions that were brought up by the applicant, as well as clarification regarding the traffic issue. Newport Place PUD Land Use Amendment and Rezoning - This was approved by the City Commission and will be forwarded to the Department of Community Affairs. High Ridge Commerce Park PID Use Approval- The City Commission approved this, subject to all staff comments. Waste Management of Palm Beach South Major Site Plan Modification - The City Commission agreed with the Planning and Development Board's recommendation for approval, subject to staff comments, with the exception of the comments that dealt with platting and rezoning. Newport Place Parking Lot Variance - The applicant requested two additional driveways onto N. W. 7th Court. The City Commission allowed the northernmost driveway, but the southern driveway has to be one way only. 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DECEMBER 19, 1995 Waste Management of Palm Beach. South Joseph O. Handley, Craven Thompson & Associates, Inc. Waste Management of Palm Beach High Ridge Commerce Park PIO lots 1 S, 16, 17 and 1 n (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) SITE PLAN MODIFICATION - Request to amend the previously approved site plan to add land area to construct additional exterior paved truck storage and an expanded exterior container storage yard. This application was addressed earlier in the meeting under Public Hearing. E. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tara Oaks PUD Kieran J. Kilday, Kilday & Associates, Inc. for Pulte Home Corp. Tara Oaks Development Company Northeast corner of Woolbright Road and Knuth Road extended MASTER PLAN MODIFICATION - Request to am~nd the previously approved PUD master plan to revise direct access points, alter the location and type of private recreation, change unit type from apartments to town houses, establish p~rimeter buffer easements and certain setbacks, enlarge ';ize of residential Pod 1 and church parcel and reduce open space and retention area of Pod 2. Mayor Taylor announced that the Commission was very familiar with this project. There:ore, he requested that only new information be discussed. City Manager Parker referred to Planning and Zoning Memorandum 95-727. She advised -hat the applicant is in agreement with all of the comments past Comment #4. She amended Comr1ent #4 to read: liThe entire length of Knuth Road will be treated as one project. It will be requir~ to be bonded s ne project from Woolbright Road to Boynton Beach Boulevard. The Dond NIII be ca culated according to our C e an t e app icant wi ave mont s om t e date of plat a.:Jproval to finalize construction of the road. If not finished, the City calls the bond and constructs the ro~d. The se ion from Woolbright Road to the canal must be entirel completed before iss e of the ;ir for Tara Oaks. T e remainder 0 t e roa must continue to be constructed simultan usl ,,,...ith the reillainder of the project with t e pro ectlon of the City being an outSI e timetable of 21 mor'ths." ...-.------. Kieran Kilday said their only concern with this condition is that prior to the first CO, th=:-y must complete the road from Woolbright Road up to the project entrance and beyond that to th,:.;- canal. Sometimes permits slow a project down, and staff has agreed to work with the applicant to keer.) things moving. The applicant is concerned with the fact that there may be units ready to come on ' ne, but the last few hundred feet of roadway construction might be left. 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Attorney Cherof inquired as to whether or not the applicant was in agreement with the 33 staff comments. Mr. Kilday confirmed that all comments were acceptable with the addition of the amendment mentioned this evening. Ms. Heyden said the revisions are itemized in Exhibit "e" of Planning and Zoning Memorandum No. 95-727. Mr. Kilday feels the new system of listing conditions is very clear. Motion ," Commissioner Jaskiewicz moved to approve subject to all staff comments, and additional verbiage as read into the record by the City Manager. Mayor Pro Tern Matson seconded the motion which carried unanimously. IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tem Lynne Matson 1 . Purple Heart Way This item was addressed under Item III-B.7. 2. Public Transportation Mayor Pro Tern Matson advised that she has been riding the City buses and at most, there were two people on the bus. She inquired as to whether or not this service can be advertised in Funfare or on public television. The bus service is not being utilized by the citizens. City Manager Parker advised that the new CoTran schedules are available. Once we know where the stops are and the times involved, we may want to review our bus service. Mayor Pro Tern Matson said she has received comments from residents in Boynton lakes and the Meadows who have difficulty utilizing the buses because they cannot walk the distances necessary to get them to the bus stops. She recommended that the bus routes be reviewed in an effort to make the buses more accessible to the citizens by having the buses travel the loops in those communities to eliminate having the residents walk to Congress Avenue. This is done in leisureville and these other communities could have the same option. Commissioner Rosen questioned how far we have gotten with the bus shelters. City Manager Parker was of the opinion that seven shelters are now in construction. Commissioner Rosen recommended posting the bus schedules on these shelters. He also pointed out that the bus service can be publicized in the Hunters Run newsletter. 3. It's Better in Boynton Campaign Mayor Pro Tern Matson feels many of the City's programs should be publicized. We have D.A.R.E., the R.A.P. program, and Explorer's. Delray Beach has been advertising their programs and ours are 31 ~.k.~:J~ EXCERPT - TARA OAKS PUD PLANNING at DEVELOPMENT BOARD MEETING DECEMBER 12, 1995 6. OLD BUSINESS: A. SUBDIVISION rnm ~:I:m rnl ~ . . ;1 t ~ .~ PLANNING AND I ZONING Du:.L..~_..,<,_~__.. Master Plan Modification (Tabled at the November 14, 1995 Meeting) 1. Project: Agent: Owner: Location: Description: Tara Oaks PUD Kieran J. Kilday Kilday and Associates, Ine. for Pulte Home Corporation Tara Oaks Development Company Northeast corner of Woolbright Road and Knuth Road extended Request to amend the previously-approved PU D master plan to revise direct access points, alter the location and type of private recreation, change unit type from apartments to townhouses, establish perimeter buffer easements and certain setbacks, enlarge size of residential Pod 1 and church parcel, and reduce open space and retention area of Pod 2. At the board's request, Chairman Dube requested that the staff presentation be eliminated relative to this application since it had been before this board at least twice before. All members are familiar with the back-up material and did not require a staff presentation. Mr. Haag advised that approval is recommend subject to the staff comments listed on the last exhibit in the back-up material. Mr. Kilday had no objection to eliminating the staff presentation; however, he advised that he did not agree with all of the staff comments. Kieran Kilday, agent for the applicant, advised that he requires clarification and modification of a few of the staff conditions. He referred to Exhibit "C", Administrative Conditions, Engineering Division Comment #4. This condition requires that Knuth Road be completed prior to issuance of the first Certificate of Occupancy for any dwelling unit. In Mr. Kilday's opinion, his understanding was that completion of Knuth Road from Woolbright Road to the project's entrance must be completed prior to the first Certificate of Occupancy. Item 8 on Page 2 of the staff 1 report (which lists the City Commission conditions) states that Knuth Road shall be constructed in its entirety from Woolbright Road to its current terminus near Boynton Beach Boulevard prior to the last Certificate of Occupancy. If this clarification is acceptable, then the applicant accepts the condition. Mr. Haag advised that he did not have authority to delete an Engineering Department comment. Ms. Heyden further advised that the Engineering Department's comments is exactly what they meant to say. Mr. Kilday has a conflict with this since the City Commission's condition reads opposite Mr. Hukill's condition. Chairman Dube stated that the applicant would have to go back to the City Commission for clarification of this item. Ms. Heyden agreed. However, she pointed out that if that condition could be worked out at the Planning & Development Board level, Mr. Kilday would not have to go back to the City Commission. Mr. Kilday felt that since there are two opposite positions, the applicant would have to defer to the City Commission's condition. Ms. Heyden advised that in Mr. Hukill's opinion, he stated what the City Commission approved. Chairman Dube advised that the Planning & Development Board does not have the power to change this condition. Mr. Kilday said the applicant agreed to the City Commission conditions which are listed in the staff memorandum as Items 1 through 8. He does not have a conflict with any of those conditions. He requested that Item 4 be deleted, and that the verbiage (Item #8 on Page 2) from the City Commission be used in its place. With respect to Item #13 of Exhibit C (Forester/Environmentalist Comments), Mr. Kilday advised that the applicant does not own the church property. The church property will have to come in for their own site plan review. Mr. Kilday contacted Mr. Hallahan who agreed that these conditions will apply to the residential property, not the church parcel. This will apply to Items 1 3, 1 4, 1 5, and 16. Mr. Haag reiterated that he is unable to delete a comment from another department. Since the applicant has stated that an agreement has be worked out with the City Forester, he recommends honoring this statement by conditioning an approved based on this agreement with Mr. Hallahan. Mr. Kilday agreed that an approval subject to Mr. Hallahan's approval would be acceptable to the applicant. Mr. Kilday advised that Mr. Hallahan requested that the record reflect the fact that the applicant had submitted a management plan several months ago. Mr. Hallahan will use that management plan as the basis of the tree preservation plan. Chairman Dube reported that a "For Sale" sign has now appeared on the church property. Staff and Mr. Kilday were not aware of the sign. With regard to Knuth Road, Mr. Wische questioned which comment takes precedence -- the Engineering Department or the City Commission. Mr. Haag responded that Ms. Heyden prepared her memorandum using her understanding of the City Commission's direction. Mr. Hukill had a different interpretation. Ms. Heyden admitted to yielding to Mr. Hukill's comment by pulling her comment. 2 Vice Chairman Golden stated that the City Commission's comment makes more sense than the Engineering Department's comment. Under the Engineering Department's comment, the applicant would be "off the hook" with the last unit, and that does not make any sense. Mr. Kilday said the reality is that as the project is built, the road is built simultaneously. Obviously, the first units will be delivered sooner than later. The road is divided into two parts; one part is immediately in front of the Tara Oaks project, and the remaining part is to the north of the Tara Oaks project. City Manager Parker was present in the audience and discussed this situation with Mr. Kilday privately. Mr. Kilday related that in order to make this issue clearer, prior to the first Certificate of Occupancy, the applicant shall have constructed the part of the road fronting their property. The second part which is the part they agreed to as part of the condition of special approval, will be done prior to the last Certificate of Occupancy or within two years, whichever occurs first. The applicant agreed to a two-year limitation. Item t 8 of Exhibit "C" (Planning & Zoning Department Comment) which relates to the survey of the property. Mr. Kilday advised that the applicant is in possession of a survey of all of the residential property. They do not have a survey of the church site. They have submitted a preliminary plat for the residential only. He questioned whether or not that survey is acceptable to staff. Mr. Haag questioned the applicant has a way of getting the entire survey which was previously turned in. Mr. Kilday advised that it is an old survey, but he is willing to submit another copy. However, they do not want to resurvey the church property. They are resurveying all of the property they are purchasing and will submit that survey. Mr. Haag agreed that the submittal of the old survey would be acceptable to staff because any improvements would have gone through the process, and to date, no improvements have been processed on the church site. Mr. Haag explained that the purpose for this comment is that it is a modification to the entire PUD. Mr. Kilday read Item #24 of Exhibit "C" which states that the recreation setbacks are 3 t feet. That comment should be corrected to read "25 feet" because some of the structures are 3 t feet, but others are 25 feet. Mr. Haag said this would be acceptable to staff. Mr. Kilday advised that Item #3 t is acceptable. The applicant will return to the Planning & Development Board with the wall section on the north property line. He requested that the record reflect the fact that the applicant does not want this item to hold up the forward movement of this process. Mr. Haag responded that this process will not be held up by Item #3 t . Mr. Kilday referred back to Item #4 for the purpose of restating it after speaking with City Manager Parker. He said, "Completion of Knuth Road fronting the PUD must be completed prior to the first Certificate of Occupancy. The balance of Knuth Road, northerly to its current terminus to the north, must be completed prior to the issuance of the last Certificate of Occupancy or within two years, whichever occurs first." 3 Motion Mr. Wische moved to pass the Tara Oaks PUD subdivision subject to all staff comments with the modifications stated. Mr. Beasley seconded the motion. Vice Chairman Golden expressed his concern about the extension of SW Congress Boulevard. This goes back to last month's meeting with Rolling Hills, the development on Gulfstream and Seacrest. Vice Chairman Golden feels that we will be creating a problem for ourselves in the future by not extending these roads through developments, and we are limiting our options by not doing so. However, he will not hold up the project on this basis. The Commission has already made its decision. At Mr. Haag's request, the comments Mr. Kilday has concerns with are listed as follows: t . Condition #4 was modified to provide for Knuth Road to be built in phases but having it completed within two years. 2. Conditions # t 3 through # t 6 are acceptable subject to the modification and agreement by the City Forester. 3. Condition # t 8 is acceptable provided it is understood the survey is an old survey for the entire PUD. (Mr. Haag agreed this is acceptable.) 4. Condition #24 deals with the 25 foot recreation setback rather than the 3 t foot setback. 5. Condition #3 t is acceptable as long as it does not delay this process. Mr. Kilday added one additional comment which he had not addressed earlier. He advised that he has already discussed the following comment with staff. 6. Comment #32 refers to nine (9) gallon shrubs. Discussions have been held with staff to advise them that the shrubs are available in seven (7) and ten (10) gallons. Staff agreed to change the requirement that the hedge must be 36" high at the time of planting. Mr. Haag agreed with this comment. Chairman Dube polled. The motion carried unanimously. Mr. Kilday commended the Planning & Zoning Department for the new procedure of outlining staff comments. It provides a clearer understanding and he appreciates this recent modification. Chairman Dube agreed. 11M? S:\CC\W?\MINl'TES\P&DBDlEX 1212. W?D 4 <' 7 . ~ "I .'1) - ,( .. , ~ (t '!- l , "~I MINUTES . PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 B. SITE PLANS A. MasterJ~lartModiftcation Description: Tara Oaks PUD Kilday and Associates Bill Ray Winchester Northeast comer of Woolbright Road and Knuth Road Request for approval to modify the previously- .approved master plan to change access points, recreational amenities, and unit type from apartments to townhouses and use acreage. 1. Project: Agent: Owner: Location: Ms. Heyden distributed a handout requesting a postponement. Staff prepared a summary of the occurrences of the City Commission meeting. The applicant presented a revised master pian during the City Commission meeting that staff had not had an opportunity to review. From the recommendations made by the Oty Commission, there are changes required. To prevent this type of situation from occurring in the future, and to give staff an opportunity to prepare additional comments if necessary, staff recommended that the plan be sent back to staff for comments. The applicant agreed and submitted the new plan. They are prepared to go forward at the next TRC meeting, and the next Planning and Development Board meeting. Ms. Heyden provided a repon on the disposition of agenda items from last month's meeting: Rezoning for Boynton Commons - This board recommended approval and that approval was endorsed by the City Commission. St. Joseph's Episcopal Church/School Condition Use Approval - This board recommended approval which was endorsed by the City Commission. Landscape Appeal for Boynton Commons - This board recommended approval subject to staff comments, and that approval was endorsed by the City Commission. UPS Landscape Appeal - This board recommended approval subject to staff comments, and recommended landscaping in equal cost in front of the building instead of installing the landscaping along the south of the building. The City Commission accepted that recommendation, and also allowed a change on the north property line. They recommended that the gaps in the hedge be filled in. 13 MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 Carrabba's Italian Grill- This board recommended approval subject to staff comments, and the City Commission endorsed that recommendation. UPS Master Site Plan Modiflcatlon - This board recommended approval subject to all staff comments and planting of additional trees at the northwest comer of the sidewalk at Congress Avenue, and that recommendation was endorsed by the City Commission. Parking Lot Variance for UPS - This board recommended approval subject to staff comments, and that recommendation was endorsed by the City Commission. Time Extension for RaceTrac - This board recommended approval subject to staff comments, and the City Commission endorsed that recommendation. 9. COMMENTS BY MEMBERS Chairman Dube reminded the members to respond to the City Manager's Office regarding the Board Dinner to be held on December 7, 1995, at Hunters Run. Chairman Dube and Mr. Rosenstock will not be able to attend the dinner. Chairman Dube apologized for allowing the flrst application to take up so much time; however, this may assist the aty Commission at their meeting next week. Dr. Elsner and other members of the board noted Mr. Kirschner's implication of the possibility of a lawsuit depending on the board's decision. 10. ADJOURNMENT There being no further business. to come before the board, the meeting properly adjourned at 8:40 p.m. 'ftt . . ft::f. Pralnl~ ~ Recording Secretary (Two Tapes) 14 . THE PALM BEACH POST SUNDAY, I\i .:MBER 12, 1995 '?f3- --r;;u. J 0 ~ C 1M pftl " Vice mayor to home builders i~ Boynton: Fewer equals more Jtt Bradley urges Run, are eXamples that developers Old B nton don't have to squeeze as many d I t t Beach d. eve opers no 0 cram ~ homes as possible on their proper- . ho . Son their land. ~ ties to make money, Bradley said. The 30-acre Isles of Hunters Run will have 56 homes that will sell for $470,000 to $620,000. About 180 of the 424 homes in Nautica Sound will be built on lots larger than 6,000 square feet. Bradley said a number of op- tions are available to further diver- sify the types of homes being built in the city. In updating its comprehensive plan, the commission will look at , vacant residentially zoned parcels to see whether land-use designa- tions can be upgraded. Also, stan- dards on the minimurrf size of new homes can be added to the devel- opment code. "I intend to take a careful look at each project to see if everything is being done to stimulate develop- ers to decrease their densities," Bradley said. "There are so many variables in the development reg-. ulations that could be avenues to get what we want." . In approving the Tara Oaks plan, the commission upheld a 1990 decision that the developer did not have to extend Southwest Congress Boulevard west . to Knuth Road. Residents in the adjacent Tara Lakes and Clipper Cove develop- ments said the road extension would have brought unwanted traffic into the neighborhood. . . ..McGlNNESS 8e~~Staff Writer . ON BEACH - In his , to' reduce crowding in :el3iden.tial communities, Vice : ~ Bradley has had 'his .'.cf . ,,;,. up tn.a~s. . TWQ months ago, Bradley took the lead in negotiating an agree- ment with the Nautica Sound de- Veloper to build fewer homes on larger lots at Hypoluxo and Law- r~nce roads. Last week, he failed to per- suade the commission to seek a ~imilar settlement with the builder pi Tara Oaks, a development of ~92 townhouses at Woolbright and f\nuth roads. , If commissioners had agreed ~th.Bradley, Pulte Homes would have been forced to start over in ~e plan review process, delaying the start of its project. Bradley said the one- and two- ~edroom homes - ranging from ~. 13 square feet to 1,082 square leet - do little to diversify the city's housing stock and boost its taX base. I But Mayor ]eriy Taylor said the development fits the character pf the neighborhood. And Com- Piissioner Lynne Matson said the ~ownhouses are ideal for young couples buying their first home, I . rn Q) .c (.) c ~ Q) ~ rn rn !!! '00 c o (,) STAFF GRAPHIC "I was upset about that (deci- sion), but in no way am I admitting defeat," Bradley said. "I'm a firm believer that even though we had one setback, we can make im- provements." During a goal-setting work- shop this year, the commission talked about bringing in new busi- nesses and high-profile corpora- tions to downtown and Quantum Corporate Park. Without homes for top execu- tives, these corporations will go elsewhere, said Commissioner Sid Rosen, who sided with Bradley. These executives aren't looking for packed townhouses, he said. Nautica Sound and another new community, Isles of Hunters --'-~-"_.~."--'---." ."--.~. -".'_.'-"-~--'-"---"'- .---- -_.. --....-.----------- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 assistance of the sign companies in the evaluation. He will bring back recommendations to the Commission. A consensus was reached by the Commission. B. PROJECT NAME: PapaJohn's............... ........... .............................. ...... ....... T ARLED APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995 AGENT: Interplan Practice, ltd. OWNER: Papa johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. This item will remain on the table. C. PROJECT NAME:. PapaJohn's............................................ ...... .......... ........ . TAB LED APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995 AGENT: Interplan Practice, ltd. OWNER: Papa johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1.142 square foot take-out pizza store on .22 acres This item will remain on the table. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: TaraOaksPUD.. ....................................... ......... ............. TABLED Kilday and Associates Bill Ray Winchester Northeast corner of Woolbright Road and Knuth Road extended Request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type from apartments to town houses and use acreage City Manager Parker advised that at the last meeting, there was a debate about the road closure of SW Congress Boulevard. The applicant has researched this issue and located a stipulated order from DCA that was made part of the record with the map that was referenced at the earlier meeting showing the road closure that was sent up to DCA. That map indicated the open space to be located just north of the north right-af-way line of SW Congress Boulevard. The applicant was notified this morning that it was staff's intention to recommend that since there was a stipulated order from DCA, the back portion of the open space area is 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 to be limited to recreation facilities, open space and water management tracts. Currently, the site plan shows a 12-unit building in that area considered by staff to be a problem. The applicant has not had the opportunity to relocate that building on site. They would like to switch the location of the pool into the open space area and see if they can still fit the 12-unit building in the remaining site area. At this point, the total unit count is not available, nor is there a density number for this project. Mayor Taylor said he researched the issue of the road closure. His concerns have been satisfied, and he does not have a problem with the road not going through. He does, however, have a concern relative to the number of units. Kieran Kilday, agent for the applicant, said the number is the same that was previously approved. Before addressing this issue, Mr. Kilday confirmed for the residents in the audience that there was Commission consensus that the road will be terminated at its current termination. Mr. Kilday said that over the last two week period, the applicant has been trying to work out the issues that were still outstanding. The issue which was worked on the most was the extension of the road. When DCA provided the information relative to the roadway termination, they also provided information on the staff report from DCA. There was a specific requirement that a portion of the site (south of SW Congress Blvd. extended) shall be limited to recreation facilities, open space, water management tract and churches. Using the plan for the Pulte project, Mr. Kilday showed the location of one of the buildings which was 13' south and extended the right-of-way line into the area prohibited by the DCA. A modification was made to the plan to remove the building from south of the right-of-way. However, in going through the plans, at the time the road was terminated in 1990, and having buildings north of the right-of-way, an adjualment was made which has filled in the right-of-way with extension of the green space to the north. This is noted on the approved plan of record. The applicant's request was to modify the plan to the literal wording of DCA. In meeting with staff over the last three days, they still had a concern that although it was not a verbal requirement, there was an intent, and if the applicant's cul-de-sac issue was going to be honored, they wanted the right-of-way space to be used for open space, recreation or water management tracts. In discussions with staff earlier this evening, the applicant will move the building and any other residential buildings out of the right-of-way. In order to do that, they will have to submit a revised plan. In doing this, they will probably switch buildings so that recreation is clustered together. He will do everything he can to accommodate the plan to keep the 192 units. There is a possibility that a couple of units will be dropped if they do not fit. However, Mr. Kilday did not feel this issue was significant enough to delay a finding of no significance. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 One additional unit was the recreation area. Initially, the applicant included a cabana with a pool area, a sand volleyball court, a jogging trail, a picnic area. It was brought to the applicant's attention that there was a desire to have a meeting room. When the size of the meeting room was discussed, the applicant requested that an 800 square foot meeting room be built. Because the Code requires that a 1,500 square foot meeting room, the applicant offered a half basketball court. Staff requested more, and the applicant has now offered a full basketball. The applicant is now providing six amenities - five that meet the standards, and the 800 square foot meeting room. lambri Heyden, Planning & Zoning Director, referred to Page 1 of Planning & Zoning Memorandum No. 95-541 dated September 26, 1995. The minimum living space of the project on the smallest unit is 913 square feet, and the largest is 1,082 square feet. In addition, the lot area for the end units is 1,260 square feet, and 1050 square feet for interior units. The concept with this project is that the unit would be conveyed, the property under the unit would be conveyed and additional property outside the unit would be conveyed, but not the public parking spaces. Exhibit "E" of the staff report compares other townhouse projects in the City including Quail Run Villas, Cedar Ridge Estates, and Lakeview at Boynton Beach. The lot areas range from 2,150 square feet to 3,000 square feet. This chart includes townhouses because they are projects where the unit has been conveyed, the property under the unit is conveyed and land outside the unit is conveyed with two parking spaces. Ms. Heyden has determined that parking is required to be on a townhouse lot. Some units in the City have been approved which fall somewhere between condos and townhouse units. In those units, no parking was conveyed. Staff has a problem with this project because the lots are very small, do not include parking and the units are very small. Motion Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Vice Mayor Bradley said he has been on the record from the start about the densities for this project. He believes the market drives development. Part of the problem is that this is a PUD and the densities are not in place. It is the responsibility of the Commission to make sure the best possible development is achieved. He is concerned about the parking spaces. When parking in a clustered parking area, residents might not be able to find a place to park. He feels the Commission should ensure that the footprints of these townhomes have parking spaces in front of them. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 In response to a question from Commissioner Jaskiewicz, Mr. Kilday advised that there is additional guest parking at the clubhouse. Mr. Kilday displayed an elevation of the units proposed. He said this is a typical townhouse project. The parking is distributed evenly between the units, but there is no way to have the parking directly opposite the unit. A townhome to the applicant is a look and an ability to fee simple the land under the unit. This project is similar to Wellesley, Chalet IV, and Meadows 300. There have been no parking problems in those projects. Vice Mayor Bradley feels the conveyance of parking would be an enhancement, and he sees a benefit for safety and convenience. Mr. Kilday feels each project must be looked at separately. This project has an approval for garden apartments with similar parking. The applicant has taken the plan and bumped it up a level. Mayor Pro Tem Matson said that when you look at the previous approval, which was for apartments, and you compare it to a fee simple unit, it is semantics. The City should not be putting restrictions on it because the applicant chose to call it a townhouse. She feels this project will be wonderful for a single person or a young couple buying their first home at a lower price. She feels this is a golden opportunity, and she would have a problem with punishing the developer because he upscaled the project. There is no problem with health or safety. Vice Mayor Bradley feels this is the same type of discussion the Commission had with Nautica Sound. That developer finally understood and increased the size of the units and decreased the number of un its. Commissioner Jaskiewicz questioned whether or not the possibility exists for reducing the number of units. Mr. Kilday responded affirmatively, but stated that he would not want to mislead the Commission at this point. Commissioner Jaskiewicz pointed out that the Commission already approved this number of units, and previously discussed the fact that it would prefer ownership over rental units. In Vice Mayor Bradley's opinion, this is a substantial change. Mayor Taylor referred to staff's comments on the turn lanes. Mr. Kilday said they have no problems with the turn lanes. All of the conditions in the staff comments have been agreed to with the exception of four issues. Three of those issues have been addressed and the remaining issue involves the use of a Knox Box for emergency access. The applicant has met 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA NOVEMBER 7, 1995 with the Police Department and they have indicated that they would revise their memorandum. Therefore, he believes this issue is resolved. Vice Mayor Bradley said home ownership is generally viewed as an improvement to rentals. From a tax base standpoint, the City would be better off with upper scale rental units. The $25,000 homestead exemption will reduce the tax rate that this kind of project benefits the City. Mr. Kilday pointed out that an upper scale rental unit will probably will not be built because the same issues relative to amenities, shape and space control the property. Considering the surrounding land uses, this project fits well in this area. In Commissioner Jaskiewicz' opinion, the consumer for this project will probably be a single working person. She does not imagine that more than one parking space would be necessary. Motion Vice Mayor Bradley moved to find Tara Oaks a substantial change. THE MOTION DIED FOR LACK OF A SECOND. Motion Mayor Pro Tem Matson moved to approve Tara Oaks PUD located at the northeast corner of Woolbright Road and Knuth Road, to approve the request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type from apartments to townhouses and use acreage and that SW Congress Boulevard will terminate in the cul-de-sac subject to the comments this evening about recreation. Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz questioned whether or not Knuth Road will be completed at the time this project is being built. Mr. Kilday responded that Mr. Winchester has agreed to enter into an agreement with Pulte so that the road will be built all at one time. Commissioner Rosen said the Commission is concerned about densities and has asked developers to go back and work on it and return to the Commission. Attorney Cherof reminded the Commission that this issue is limited to a determination of substantial or nonsubstantial change. He read that section of the Code. In addition, Attorney Cherof questioned whether or not there was any attempt to submit modified unified control documents. Mr. Kilday said the modified documents will be submitted. He does not believe there are any documents in the City's files at present. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA NOVEMBER 7, 1995 Attorney Cherof explained that there is a history with this project of leaving a meeting and not having a document to hand to the Clerk so that the City knows what document has been approved. Tonight's motion makes no reference to such a document. Mr. Kilday provided a reference which was his plan of Kilday & Associates Plan #95-34 with the last revision date of 8/31/95. He will provide a copy of that plan which is now mounted on hard board, and it will be subject to the applicant submitting a site plan showing the new changes including the recreation relocation and further conditions. Mayor Pro Tem Matson requested that this Plan #95-34 become part of her motion. City Manager Parker advised that in addition to the agreement with Mr. Winchester for construction of the road, the County Traffic Engineer has indicated they have some concerns. The City supported the Winchester request to submit to the County a request for credit of the impact fees on Knuth Road. Mr. Walker has indicated that he is not necessarily in agreement with that and is requesting,that the City come back with a stronger approval that he would like the City and the County to enter into a interlocal regarding construction of this road to demonstrate that in the future, when the City goes to the County with possible road situations in the area, he can say provide a history of the road in the area. The City will still have to do something in addition to the action portrayed by Mr. Winchester tonight. Commissioner Jaskiewicz questioned the motion could incorporate that when 50 percent of the project is completed, no permits would be issued for the final 50 percent until the road is completed. Mr. Kilday requested that a correction be made to the record. He stated that the last revision made was 11/6/95, and he will submit it. Mayor Pro Tem Matson requested that the motion be changed to incorporate this correction by Mr. Ki Iday. Mayor Taylor questioned whether or not the road will be built. Mr. Kilday said the road will be built. The issue was a funding issue. However, if that issue is not resolved, the project will not be built. Therefore, this can be a condition of the project approval. Vice Mayor Bradley feels it is the Commission's responsibility to check the density of projects. There is good reason for this to be considered a substantial change, and the main reason is the shift from rental to owner occupied. He will not support this project. Bill Hukill, Director of Development, expressed discomfort with the Commission approving a drawing which was revised yesterday that no one has seen. He feels Mr. Kilday should go 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 back to his first Plan dated 8/31/95 (which was previously dated for July). That revision has been seen by the Commission. He feels that plan (8/31/95) should be used subject to the conditions discussed tonight. Mr. Kilday agreed with Mr. Hukill's remarks. Mayor Pro Tem Matson requested that her motion be changed to include the remarks made by Mr. Hukill and agreed to by Mr. Kilday. Vice Mayor Bradley feels that by approving this project, all of the progress made at Nautica Sound will be wiped out. Although Mayor Taylor agreed with Vice Mayor Bradley in part, the area surrounding this project does not support much else. The motion carried 3-1. (Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes.) IX. NEW BUSINESS: A. Items for discussion by Commissioner Sid Rosen 1. Joint workshop meeting with C.O.B.W.R.A. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1 . Proposed Ordinance No. 095-28 RE: land Use Amendment - Lake Worth Christian SchooL....................................... TAB LED UNTI L NOVEMBER 21,1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA 2. Proposed Ordinance No. 095-29 RE: Rezoning - lake Worth Christian School.... ....................... ........................... TAB LED U NTI L NOVEMBER 21, 1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA 29 VERBATIM EXCERPT ON TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Matson: I make a motion to approve Tara Oaks PUD at the northwest corner, I'm sorry, the northeast corner, I just moved your project, northeast corner of Woolbright Road and Knuth Road. Move to approve the request to modify the previously approved master plan to change access points, recreational amenities, and unit type from apartments to town houses and use acreage. Do we need to put anything in there about the road or is that a moot point? Jaskiewicz: No, but is Knuth Road going to be completed when this project is complete? Taylor: Wait, let's, let's... Matson: Wait till I finish my motion. Do I need... Parker: Yes, CommIssioner, I would say that you should reiterate that SW Congress Boulevard will terminate... Matson: and that SW Congress Boulevard will terminate in the cul-de-sac... Parker: and that the turn lanes enumerated in the staff memorandum... Matson: Well, I got that. Parker: and the... Matson: I got that. Parker: and the recreation amenities... Matson: I have that. Parker: And if they have to move building out of the... Matson: Subject to the comments this evening about recreation. Taylor: and moving the building. Matson: That was in the discussion. Taylor: Is there a second to that motion? VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Jaskiewicz: Second. Taylor: I have a motion and second as stated. Any further discussion? Jaskiewicz: May I ask now? Is Knuth Road going to be completed at the time that this is being built? Kilday: I should have brought that up at the beginning. Mr. Winchester is also here; has agreed that he will enter into an agreement with Pulte so that the road will be built all at one time. Cherof: Mayor Taylor: Commissioner Rosen? Rosen: As Mr. Kilday knows, we are concerned about density. We have, in the past, asked the developers to go back and come back to us. We like the project, but I think we're dedicated to see what all future projects, when they come with unreasonableness as far as density is concerned. So, I think you know where I'm coming from. Unknown: Thank you, Commissioner. Taylor: City Attorney? Cherof: Mayor, I just wanted to remind the Commission that this issue is limited. It's a determination whether it's a substantial or non-substantial change. And, just to point out the provision of the Code that has been in controversy lately, it says that: "Substantial change shall be processed as a new application for PUD zoning". That answers one of the questions that Mr. Bradley posed. "The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission". And in stating that, I want to point out one more thing, and maybe we can get some clarification on this. Is there any attempt to submit modified, unified control documents because this is switching from rental to ownership. Kilday: We will submit modified documents. I don't think there are any documents in your files right now so they'll be the first time you've got those documents as far as it dealing between rental versus ownership. 2 VERBATIM EXCERPT . TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Cheraf: Kilday: Cherof: Kilday: Matson; Kilday: Matson: Taylor: Parker: The other thing I wanted to point out to the Commission is that there's something about this project that we seem to have a history of completing a meeting and not having a document to hand to the Clerk so that we know what document has been approved. And the motion makes no reference with respect to that document. What is it going to be? What is... It gives... What is the master plan that we are determining is a non-substantial change or a substantial change? I have a very difficult time simply with the record of tonight's proceedings walking out of here and knowing that. We've faced this dilemma in previous approvals with respect to this project. I can give you a reference. Of course, it would be a reference subject to the modifications that will need to be made to it, but the plan that you have before you is my -plan of Kilday & Associates Plan #95-34 with last revision date of 8/31/95, and that will be...! will be happy to give you a copy that is not mounted on hardboard, and of course, it will be subject to us, at time of site plan, submitting a site plan that contains the new changes including the recreation relocation, and further conditions of your findings. Okay, so that's Plan 95-34, revision date... What date? 8/31/95 Please incorporate that as part of my motion. Is that it? Just to follow up on Commissioner Jaskiewicz' comments on the road. Mr. Kilday did not give you a complete answer on that. What, in addition to the agreement between Mr. Winchester for the construction of the road, the County Traffic Engineer has indicated that they have some concern the (inaudible words) supported in the Winchester request to submit to the County a request for crediting of the impact fees on Knuth Road. Mr. Walker has indicated that he is not necessarily in agreement with that and is requesting that the City come back with a stronger approval, if you will, that to the point where he would like the City and the County to enter into an interlocal regarding the construction of 3 VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER this road to demonstrate, in my opinion, that in the future, when the City comes to the County with possible road situations in this area, that he can say~ here's the history of the roads in the area with regard to Lawrence, and the developments coming onto Lawrence, the closure, the potential closure of Meadows, we're looking at the construction and crediting the impact fees on Knuth Road, and it's becoming a package in that area so that if the City has problems in the future, I have a feeling the County is going to turn around and say, here's the actions demonstrated on the City's perspective and this is how we got from point A to point B. So, Mr. Walker has asked us to come forward with a stronger sentiment on the fact that City Commission write to continue to support the previous position requesting impact fee credits on this road. Cherof: Mr. Mayor? Taylor: What does all that mean? Matson: I, I know. There's a motion on the floor here. Parker: Well, I just wanted you to know that Mr. Kilday's answer to your question was not a complete answer. The City still has to do something in addition to the action portrayed by Mr. Winchester tonight. Matson: But Knuth Road is not part of this motion. Jaskiewicz: But, but it's... Parker: That was... Jaskiewicz: Yeah. Parker: But I said to address Matson: Okay, but that's not part of this motion. Jaskiewicz: It was a concern of mine, and could be possibly incorporate into it that when 50 percent of the project is completed, we would not issue any permits for the final 50 percent until the road is under construction. Would that be something that... 4 VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Matson: I've made...1 wouldn't make that strong a motion to hold up the permits. Taylor: Let's back up here. Jaskiewicz: Is that... Taylor: First of all, Commissioner, J've got a couple of questions. Rosen: I, I seem to have heard the City Attorney say that our motion should be on whether this is a denser - a non-significant change or a significant change. Matson: A non-significant change, and it's up to the Commission's discretion. I've made a motion, we've got a second, and... Bradley: Under discussion? Taylor: Yes, we're under discussion, but I'd like to ask a question on the discussion, or ask the City Attorney. He had a reply (inaudible words). Is that acceptable to what you are asking? Cherof: Well, there were really two items. The first one was that there are documents that will be submitted for review. Kilday: J have to make a correction to the record. In, in my speed to review the right...I'm going to give you this document. That, that last revision date was 11/6/95, and I will submit it to you. Matson: 11/6/95. Plan 95-34, revision date 11/6/95. Cherof: The second issue was with respect to that document. I'm satisfied that we now have a document that we can make reference to if we want to consider the matter in the future. Taylor: Then I guess the point is, we get them, we keep getting them. We're supposed to be making decisions on documents we don't have. We're getting here now at decision time. It's kind of tough. Cherof: I think it's tough on the Commission. I think it's tough on staff to comment on them. 5 VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7,1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Taylor: Cherof: Kilday: Taylor: Kilday: Taylor: Kilday: Bradley: Taylor: Bradley: Taylor: Yeah, how can she know if she hasn't seen. I think it's tough on the Planning & Development Board that's never seen them. If, in this particular case, this being just your finding as to significant change, our next step now is to submit a site plan-go through site plan review. We'll come back before you as a finalized document. So, you'll see it again. Okay, that was the question I have, and I understand that I do have discussion. As far as on discussion, and for me to make a decision on how I want to vote on this, I want an answer. Is the road going to be built, or isn't it? Now, I have a question here. The road, the road will be built. The issue that was brought up is a funding issue. If we don't resolve the funding issue, then the project won't be built, so it can be a condition of the project approval. We can't get on the project without starting (inaudible word) under construction. Okay. You have two-I know you all understand that it would be under construction. We're going to build the road and then (inaudible words) start the construction. We do it simultaneously. Well... Yes. With regard to Commissioner Rosen's comments, and I respect and applaud his interest in densities being reduced, and the kind directive that he sends to Mr. Kilday, but unless it's going to be a Hunters Isle kind of thing where it sort of floats in here on a platter, it's our job, and we are the gatekeepers, and given their druthers, they're going to pack units onto acreage. And I believe there's good reason for this to be considered a substantial change, and the main reason, probably, is the shift from rental unit to owner occupied, and I'm going to vote agai nst it. Any other questions? Any other discussion? 6 VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7, 1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Hukill: Kilday: Matson: Prainito: Matson: Prainito: Kilday: Matson: Kilday: Cherof: Kilday: Taylor: Bradley: Mayor, as a staff member I have to express some discomfort here. The applicant, who I have known for years, trusted for a long time and still do, has suggested you approve a drawing dated yesterday that nobody's seen. I have absolutely no comfort level with that. Even if the late J.e. produced that document, it would make me nervous. So, it seems to be that what should be done is it should go back to what he first said, which was the August 31 st, I believe it was, which was previously dated July. You've seen that revision. It's in your package, subject to the conditions that were discussed here tonight. That is acceptable. We can do that here right - All that is, just so you know it's not a significant - we moved this building 13' yesterday, but they have not reviewed it. We have already agreed to move the building totally out of the right-of-way. So we can use the August 31 st submittal which they have as our base point. Janet, do you have that? Yes. Again. Yes. You have that... Okay. That's my final amendment to the motion. (Indiscernible remarks) Perhaps we could mark Mr. Kilday and leave him with the Clerk. Wouldn't that be (inaudible) to the file too. Okay. And Mayor, one last comment for the record that I feel that with this being approved, and if that happens, that the progress that we made at the Nautica Sound battle will virtually be wiped out in my opinion. 7 - VERBATIM EXCERPT - TARA OAKS PUD CITY COMMISSION MEETING OF NOVEMBER 7,1995 REQUESTED BY: CITY MANAGER CARRIE PARKER Taylor: I guess I really, I really want to agree with you here. I guess the only thing that I feel like the area surrounding it maybe doesn't support that. It's all rental around. I really look at this as low-income housing practically-$75,OOO (inaudible words) much under that. I'm really not real thrilled with the project, but I think we're a long ways down the road on this one, and just think the surrounding area does not support much else there. I do have concerns with the density in the areas. Any other discussion? All in favor of the motion? Jaskiewicz: Aye. Matson: Aye. Taylor: All opposed? Bradley: No. Rosen: No. Taylor: The motion passes 3 to 2. Kilday: Thank you. m.~ ~. Prainito Recording Secretary Transcribed from Tape #4 of the 11/7/95 Meeting Tapes O{'n'mbC'r 15, 1<)<)5 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Kieran Kilday advised that he will be coming in with site plans very shortly. This project is on a very tight time frame because of financial and contractual obligations. He is hopeful that this project will receive final approval from the Commission during the first week in January. Motion Vice Mayor Bradley moved to approve the settlement agreement contained in the package, and authorize the Mayor, City Attorney, and City Clerk to execute the appropriate documents. Mayor Pro Tem Matson seconded the motion which carried unanimously. Attorney Cherof advised that without the assistance of the developer and representatives of Summit Properties, the City would not have been able to fast-track this matter and bring it to an amicable conclusion. THE COMMISSION RETURNED TO THE REGULAR ORDER OF THE AGENDA. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tara Oaks PUD............................................................. TAB LED Kilday and Associates Bill Ray Winchester Northeast comer of Woolbright Road and Knuth Road extended Request for approval to modify the previously-approved master plan to change access points, recreation.al amenities, unit type from apartments to townhouses and use acreage City Manager Parker advised that at the last meeting, there was a debate about the road closure of SW Congress Boulevard. The applicant has researched this issue and located a stipulated order from DCA that was made part of the record with the map that was referenced at the earlier meeting showing the road dosure that was sent up to DCA. That map indicated the open space to- be located just north of the north right-of-way line of SW Congress Boulevard. The applicant was notified this morning that it was staff's intention to recommend that since there was a stipulated order from DCA, the back portion of the open space area is to be limited to recreation facilities, open space and water management tracts. Currently, the site plan shows a 12-unit building in that area considered by staff to be a problem. The applicant has not had the opportunity to relocate that building on site. They would like to switch the location of the pool into the open space area and see if they can still fit the 12-unit building in the remaining site area. At this point, the total unit count is not available, nor is there a density number for this project. Mayor Taylor said he researched the issue of the road closure. His concerns have been satisfied, and he does not have a problem with the road not going through. He does, however, have a concern relative to the number of units. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Kieran Kilday, agent for the applicant, said the number is the same that was previously approved. Before addressing this issue, Mr. Kilday confirmed for the residents in the audience that there was Commission consensus that the road will be terminated at its current termination. Mr. Kilday said that over the last two week period, the applicant has been trying to work out the issues that were still outstanding. The issue which was worked on the most was the extension of the road. When DCA provided the information relative to the roadway termination, they also provided information on the staff report from DCA. There was a specific requirement that a portion of the site (south of SW Congress Blvd. extended) shall be limited to recreation facilities, open space, water management tract and churches. Using the plan for the Pulte project, Mr. Kilday showed the location of one of the buildings which was 13' south and extended the right-of-way line into the area prohibited by the DCA. A modification was made to the plan to remove the building from south of the right-of-way. However, in going through the plans, at the time the road was terminated in 1990, and having buildings north of the right-of-way, an adjustment was made which has filled in the right-of-way with extension of the green space to the north. This is noted on the approved plan of record. The applicant's request was to modify the plan to the literal wording of DCA. In meeting with staff over the last three days, they still had a concern that although it was not a verbal requirement, there was an intent, and if the applicant's cul-de-sac issue was going to be honored, they wanted the right-of-way space to be used for open space, recreation or water management tracts. After discussions with staff earlier this evening, the applicant will move the building and' any other residential buildings out of the right-of-way. In order to do that, they will have to submit a revised plan. In doing this, they will probably switch buildings so that recreation is clustered together. He will do everything he can to accommodate the plan to keep the 192 units. There is a possibility that a couple of units will be dropped if they do not fit. However, Mr. Kilday did not feel this issue was significant enough to delay a finding of no significance. One additional issue was the recreation area. Initially, the applicant included a cabana with a pool area, a sand volleyball court, a jogging trail, and a picnic area. It was brought to the applicant's attention that there was a desire to have a meeting room. When the size of the meeting room was discussed, the applicant requested that an 800 square foot meeting room be built. Because the Code requires a 1,500 square foot meeting room, the applicant offered a half basketball court. Staff requested more, and the applicant has now offered a full basketball court. The applicant is now providing six amenities - five that meet the standards, and the 800 square foot meeting room. 26 -".-'-"~--'--'- -....-- --,- .~,~,. ._~----_.- - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Iambri Heyden, Planning & Zoning Director, referred to Page 1 of Planning & Zoning Memorandum No. 95-541 dated September 26, 1995. The minimum living space of the project on the smallest unit is 913 square feet, and the largest is 1,082 square feet. In addition, the lot area for the end units is 1,260 square feet, and 1,050 square feet for interior units. The concept with this project is that the unit would be conveyed, the property under the unit would be conveyed and additional property outside the unit would be conveyed, but not the public parking spaces. Exhibit "E" of the staff report compares other townhouse projects in the City including Quail Run Villas, Cedar Ridge Estates, and lakeviewat Boynton Beach. The lot areas range from 2,150 square feet to 3,000 square feet. This chart includes townhouses because they are projects where the unit has been conveyed, the property under the unit is conveyed and land outside the unit is conveyed with two parking spaces. Ms. Heyden has determined that parking is required to be on a townhouse lot. Some units in the City have been approved which fall somewhere between condos and townhouse units. In those units, no parking was conveyed. Staff has a problem with this project because the lots are very small, do not include parking and the units are very small. Motion Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Vice Mayor Bradley said he has been on the record from the start about the densities for this project. He believes the market drives development. Part of the problem is that this is a PUD and the densities are not in place. It is the responsibility of the Commission to make sure the best possible development is achieved. He is concerned about the parking spaces. He feels the Commission should ensure that the footprints of these townhomes have parking spaces in front of them. In response to a question from Commissioner Jaskiewicz, Mr. Kilday advised that there is additional guest parking at the clubhouse. Mr. Kilday displayed an elevation of the units proposed. He said this is a typical townhouse project. The parking is distributed evenly between the units, but there is no way to have the parking directly opposite the unit. A townhome to the applicant is a look and an ability to fee simple the land under the unit. This project is similar to Wellesley, Chalet IV, and Meadows 300. There have been no parking problems in those projects. Vice Mayor Bradley feels the conveyance of parking would be an enhancement, and he sees a benefit for safety and convenience. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Mr. Kilday feels each project must be looked at separately. This project has an approval for garden apartments with similar parking. The applicant has taken the plan and upscaled it. Mayor Pro T em Matson said the City should not be putting restrictions on it because the applicant chose to call it a townhouse. She feels this project will be wonderful for a single person or a young couple buying their first home at a lower price. She feels this is a golden opportunity, and she would have a problem with punishing the developer because he upscaled the project. There is no problem with health or safety. Vice Mayor Bradley feels this is the same type of discussion the Commission had with Nautica Sound. That developer finally understood and increased the size of the units and decreased the number of units. Commissioner Jaskiewicz questioned whether or not the possibility exists for reducing the number of units. Mr. Kilday responded affirmatively, but stated that he would not want to mislead the Commission at this point. Commissioner Jaskiewicz pointed out that the Commission already approved this number of units, and previously discussed the fact that it would prefer ownership over rental units. In Vice Mayor Bradley's opinion, this is a substantial change. Mayor Taylor referred .to staff's comments on the turn lanes. Mr. Kilday said all of the conditions in the staff comments have been agreed to with the exception of four issues. Three of those issues have been addressed and the remaining issue involves the use of a Knox Box for emergency access. The applicant has met with the Police Department and they have indicated that they would revise their memorandum. Therefore, he believes this issue is resolved. Vice Mayor Bradley said home ownership is generally viewed as an improvement to rentals. From a tax base standpoint, the City would be better off with upper scale rental units. The $25,000 homestead exemption will reduce the tax rate that would benefit the City. Mr. Kilday pointed out that an upper scale rental unit will probably not be built because the same issues relative to amenities, shape and space control the property. Considering the surrounding land uses, this project fits well in this area. In Commissioner Jaskiewicz' opinion, the consumer for this project will probably be a single working person. She does not imagine that more than one parking space would be necessary. Motion 28 _.~. '.-'.-----"'--- ---- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Vice Mayor Bradley moved to find Tara Oaks a substantial change. THE MOTION DIED FOR LACK OF A SECOND. Motion Mayor Pro Tem Matson moved to approve Tara Oaks PUD located at the northeast corner of Woolbright Road and Knuth Road, to approve the request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type- from apartments to townhouses and use acreage and that SW Congress Boulevard will terminate in the cul-de-sac and subject to the comments this evening about recreation. Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz questioned whether or not Knuth Road will be completed at the time this project is being built. Mr. Kilday responded that Mr. Winchester has agreed to enter into an agreement with Pulte so that the road will be built all at one time. Commissioner Rosen said the Commission is concerned about densities and has asked developers to go back and work on it and return to the Commission. Attorney Cherof reminded the Commission that this issue is limited to a determination of substantial or nonsubstantial change. He read that section of the Code. In addition, Attorney Cherof questioned whether or not there was any attempt to submit modified unified control documents. Mr. Kilday said the modified documents will be submitted. He does not believe there are any documents in the City's files at present. Attorney Cherof explained that there is a history with this project of leaving a meeting and not having a document to hand to the Clerk so that the City knows what document has been approved. Tonight's motion makes no reference to such a document. Mr. Kilday provided a reference which was Kilday & Associates' Plan #95-34 with the last revision date of 8/31/95. He will provide a copy of that plan which is now mounted on hard board, and it will be subject to the applicant submitting a site plan showing the new changes including the recreation relocation and further conditions. Mayor Pro Tern Matson requested that this Plan #95-34 become part of her motion. City Manager Parker advised that in addition to the agreement with Mr. Winchester for construction of the road, the County Traffic Engineer has indicated they have some concerns. The City supported the Winchester request to submit to the County a request for credit of the 29 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 'W" .. NOVEMBER 7, 1995 impact fees on Knuth Road. Mr. Walker has indicated that he is not necessarily in agreement with that. He is requesting that the City come back with a stronger approval involving the City and the County entering into an interlocal agreement regarding construction of this road to demonstrate that in the future, when the City goes to the County with possible road situations in the area, he can provide a history of the roads in the area. The City will still have to do something in addition to the action portrayed by Mr. Winchester tonight. Commissioner Jaskiewicz questioned whether the motion could incorporate that when 50 percent of the project is completed, no additional permits would be issued for the final 50 percent of the project unti I the road is completed. Mr. Kilday requested that a correction be made to the record. He stated that the last revision made was 11/6/95, and he will submit it. Mayor Pro Tem Matson requested that the motion be changed to incorporate this correction by Mr. Kilday. Mayor Taylor questioned whether or not the road will be built. Mr. Kilday said the road will be built. The issue was a funding issue. However, if that issue is not resolved, the entire project will not be built. Therefore, this can be a condition of the project approval. Vice Mayor Bradley feels it is the Commission's responsibility to check the density of projects. There is good reason fo[ this to be considered a substantial change, and the main reason is the shift from rental to owner occupied. He will not support this project. BilLHukill, Director of Develnpment, expressed discomfort with the Commission approving a drawing which was revised yesterday that no one has seen. He feels Mr. Kilday should go back to his first Plan dated 8/31/95 (which was previously dated for July). That revision has been seen. by the Commission. He feels that plan (8/31/95) should be used subject to the conditions discussed tonight. Mr. Kilday agreed with Mr. Hukill's remarks. Mayor Pro Tem Matson requested that her motion be changed to include the remarks made by Mr. Hukill and agreed to by Mr. Kilday. Vice Mayor Bradley feels that by approving this project, all of the progress made at Nautica Sound will be wiped out. Although Mayor Taylor agreed with Vice Mayor Bradley in part, the area surrounding this project does not support much else. 30 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 *The motion carried 3-1. (Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes.) IX. NEW BUSINESS: A. Items for discussion by Commissioner Sid Rosen 1. Joint workshop meeting with CO.B.W.R.A. Commissioner Rosen advised that he represents the City to C.O.B.W.R.A. A suggestion has been presented to him that it might be beneficial to have a meeting with the executive staff . ofC.O.W.B.R.A. to discuss areas of mutual interest. He recommended a workshop meeting be scheduled in the future. Eugene Sokoloff, President of CO.B.W.R.A., feels a workshop meeting will be of benefit to both communities. C.O.B.W.R.A. is very flexible with regard to the date and time. To accommodate the City Commission, a meeting after the first of the year would be fine. Mayor Taylor looks forward to this meeting to discuss common goals. The workshop meeting will be scheduled after January 1, 1996. X. LEGAL: A. Ordinances - 2nd Readi... - PUBLIC HEARING 1 . Proposed Ordinance No. 095-28 RE: Land Use Amendment - Lake Worth Christian Schoo!........................................ TABLED UNTI L NOVEMBER 21,1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA 2. Proposed Ordinance No. 095-29 RE: Rezoning - Lake Worth Christian SchooL........................................ ............ TABLED UNTI L NOVEMBER 21, 1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA Motion Mayor Pro T em Matson moved to delete Items X-A. 1 and X-A.2 from the agenda. Vice Mayor Bradley seconded the motion which carried unanimously. *The motion carried 3-2. 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRI PTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. B. PROj ECT NAME: Papa John's ................................................................... TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: Interpfan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres Mayor Taylor announced that the applicant has requested that this item remain on the table. Staff has expressed concerns about the fact that the applicant has not yet secured an agreement with Wendy's for access to the dumpster. In addition, there are problems with the ingress and egress. Staff recommends keeping the items on the table until the November 21 City Commission meeting. Commissioner Jaskiewicz feels that the applicant has expended a tremendous amount of time on this project, and is willing to keep this item on the table until November 21. Mayor Pro Tem Matson agreed with these remarks. Motion Commissioner Jaskiewicz moved to table this until November 21, 1995. Mayor Pro Tem Matson seconded the motion which carried unanimously. C. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tara Oaks PUD ............................................................. TABLED Kilday and Associates Bill Ray Winchester Northeast corner of Woolbright Road and Knuth Road extended Request for approval to modify the previously approved master plan to change access points, recreational amenities, unit type from apartments to townhouses and use acreage Motion Mayor Pro Tem Matson moved to remove Item VIII-C from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Kieran Kilday, [epres.entiog.Pulte Homes, advised that the handout contained an itemized list of the conditions the applicant had problems with. This project is on a very long, narrow piece of property which extends along the planned Knuth Road. This project is required to construct Knuth Road just north of Woolbright Road midway to Boynton Beach Boulevard. This is one of three projects Mr. Kilday represented in 1990. Earlier this year, a time extension was granted on this project. At that time, Pulte Homes was introduced to the Commission as the contract purchaser. He indicated Pulte's intention to move forward with the project with some changes. The original project had an approval for an apartment complex which was two-stories in height. Pulte decided to construct a "for sale" town 14 MINUTES ~ REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA .." OCTOBER 17, 1995 Vice Mayor Bradley said that when this issue resurfaced the last time, he was on the fence when the decision was made. He has given it a great deal of thought, and does not see a problem with a boat canopy without sides. He also feels that when people live on the water, they must accept the fact that a neighbor may have a boat and a canopy to cover it. It is possible that additional discussion with other agencies may be necessary. According to Mr. Rodriguez, the only agency he needs to deal with is Boynton Beach. However, Mayor Pro Tem Matson explained that other areas in the City must deal with South Florida Water Management District and Lake Worth Drainage District. Ordinances cannot be changed for only one person. Attorney Cherof offered to investigate this situation and report back to the Commission. Troy Innis, 3535 South Lake Drive, is a marine contractor and was instrumental in permitting through the City of Boynton Beach 19 boat houses with covers. When this issue came before a previous Commission, Mr. Innis felt it was a personal issue with one of the previous Commissioners. At that time, Mr. Innis was unable to adequately state the facts relative to this issue. In his opinion, and in his engineer's opinion, if the dock and canopy are constructed properly, they will pose no hazard during hurricanes. Mr. Innis would like an opportunity to show the Commissioners the facts he has available. City Manager Parker advised that the City publicized articles in the newspapers and Funfare Magazine. The City has processed over 300 applications and denied all of them for canopies based on previous Commission direction. City Manager Parker requested direction relative to notifying the people who were denied canopies. A decision was made to address the issue first before making a decision on notifying applicants. This item will be placed on a workshop meeting agenda. Dave Beasl~y, 515 SW 2Ave'f-requested a status report on the noise wall on the east side of 1-95. Vice Mayor Bradley advised that there are almost definite plans to build the wall from Woolbright Road to Hypoluxo Road. There is one gap which has not definitely been paid for, but DOT believes the funding will be available. Jerry Broe~Q.JI-tm:t~Road, represented the Inlet Cove Neighborhood Association. He was present to speak on the Code amendment relative to psychic readers. Mayor Taylor requested that Mr. Broening address this subject when the Commission gets to that point of the agenda. VIII. DEVelOPMENT PLANS: A. PROJECT NAME: Papa John's .................................................................. TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa Johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 home project on the site. There was discussion about the density, and Pulte Homes indicated that while they were able to make the conversion from a rental project to a "for sale" project, the 192 units were critical for the development of the property. Mr. Kilday explained that the major issue which has been discussed with staff involves the status of SW Congress Boulevard. This is the primary entrance for Tara Lakes PUD as well as Clipper Cove. When the Tara Oaks project was originally approved in the mid-1980s, the intent was for SW Congress Boulevard to go through to Knuth Road, and the access to the project would be off that road. When the project was presented in 1990 with the land use amendment, no access was proposed onto SW Congress Boulevard. At that time, even though no access was proposed, the applicant provided for an access. Mr. Kilday displayed a plan depicting this scenario. This project had a great deal of public discussion and negotiation. One of the issues which concerned the public was the extension of SW Congress Boulevard. The residents of Tara Lakes were very concerned that this extension would result in a short-cut road. After meeting with the Planning and Zoning Board on June 12th, the plan with the flap showing the cul-de-sac was brought to the City Commission meeting on June 19th. Mr. Kilday pointed out that the applicant indicated that there was no objection to closing the road. It is his belief that as part of the approval on June 19th, that road was closed. He explained that all of the applicant's plans are reflective of that closure. The plans were amended to show the cul-de-sac, and they were submitted to City staff on June 15th. The applicant has a copy of the letter which transmitted the plan. The plan showing the amendment with the cul-de-sac is dated June 15th. The City Council met on June 19th. The applicant possesses a copy of a transmittal form which was submitted to the City containing 13 copies of the plan (10 for the DCA and three for City records). All of those plans show that the road was deleted. During the last two weeks, the applicant has searched his files as well as the City's files and located a copy of one of the 13 plans which were submitted. The Acting City Engineer signed off on the plan that it was the "approved master plan, June, 1990". In discussions with the DCA, they indicated that in addition to the packet that the Commission had containing a reduced copy of the original plan, a second plan was transmitted and received by the State showing the cul-de-sac. This was a City transmittal to the State. When the project came back to the City Commission, the meeting minutes contained very little discussion (and no discussion regarding closing the road). Two years later, when Mr. Malavassi made amendments to the utility plans, those plans clearly show that the road was being terminated on the east side of the property. From the time of the Commission approval in 1990, that road was shown as a terminated road. On that basis, the plan was laid out with a town home development. This is a very important issue which will either make or break Pulte's interest in proceeding with the property. Mr. Kilday explained that there was additional confusion at the time of the time extension because the Traffic Engineer assumed there had been no changes from the previous traffic report, and he included the road in his report. Mr. Kilday reiterated, however, that all plans used by his office and the engineer for the owner have shown a cul-de-sac since the original public hearing in 1990. 15 .., ... MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 City Manager Parker explained that Mr. Kilday's rendition of the events is correct. Unfortunately, many times, in trying to resolve an issue, the applicant brings in a new plan on the night of a meeting. A strict reading of the minutes indicates that the motion was subject to staff comments. No other discussion on the road exists and the staff comments indicate the road should be included. Therefore, a strict interpretation indicates that the road is still approved. Ms. Parker pointed out, however, that there are some documents which go both ways. Ms. Parker suggested the Commission consider Mr. Kilday's remarks relative to the adjacent residents. Those residents have not been renotified, and the issue has not been discussed with them again. In addition, no engineering points have been provided relative to why the road should, or should not, be included. The way the site plan currently exists, the applicant has utilized the road right-of-way for a 12-unit building. If the road right-of-way is put through, one building will be deleted, and a setback problem will exist with one of the other buildings. This will impact 14 units. Ms. Parker advised that the City Commission has the ability to determine whether or not to include the road. Mayor Taylor questioned whether or not staff feels the road needs to be included because of growth to the west. He has concerns about limited access, and feels more input is needed from staff. Mayor Pro Tern Matson advised that she spoke with residents of Tara Lakes and Clipper Cove. Those residents were under the impression that the road was eliminated. They recalled appearing before the Commission to speak on the issue. Mayor Pro Tem Matson does not feel DCA would tell an applicant that the plan they received did not include a road if, in fact, it did. Tambri Heyden, Planning&Zonin~Dire.ctor, said the staff report provides a recommendation relative to the omission of this road connection. The Police and Fire Departments provided recommendations to support keeping this connection. Ms. Heyden pointed out that privatization of com.munities has become very popular. However, quality of public services is impacted by this privatization. Response to fire, police and utility evacuations and emergencies decreases to the private communities and surrounding communities that could benefit from a road connection. If SW Congress Boulevard were extended and connected to Knuth Road, the Police Department (on the road in the area) could respond more quickly by using Knuth Road and the . extension. The extension was preplanned, and in looking back to 1988 and 1990, the road is connected. In addition, the previous master plan showed a main entrance point off Knuth Road, and an entrance off SW Congress Boulevard. At this point, there is only one entrance to the project, and that entrance will be secured. This security impacts response time. Mr. Kilday advised that the previous plan never had any access off SW Congress Boulevard. There were two access points on Knuth Road. The applicant was prepared to extend SW Congress Boulevard, but eliminated that road. Ms. Heyden corrected her remarks about the access points, and agreed that both entrances were off Knuth Road. James Miriana, 728 NE 8th A\'enue, advised that he is familiar with this project because he lived in Tara Lakes and recalls the original agreement when Tara Oaks came before the City Commission for approval. The residents of Tara Lakes were upset with, and opposed to, the possibility of SW Congress Boulevard being extended to Knuth Road because they did not want a shortcut provided through their 16 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 community. The final decision by the City Commission was for approval of the project with the understanding that SW Congress Boulevard would not be extended to Knuth Road. lee Wische, 1302 SW 18th Street, said he was Vice Mayor when this issue was addressed. He said it was the intent of the Commission, when they voted, to omit the road and approve subject to the rest of staff comments. He was unable to look at his records, but was quite certain of the intent. He stated the road was omitted. Ms. Heyden pointed out that there is conflicting information in the files regarding whether or not the road was not to be constructed, but the right-of-way retained. Mr. Kilday referred to the back-up information packet which contains a letter from the Tara lakes Homeowners' Association. It was written at the end of August, and it states that the residents have fol/owed the issue and believed the road was closed. That consensus still exists today. Again, Mr. Kilday pointed out that the one official signed document which was located in the Engineering Department shows the road as a cul-de-sac in June, 1990. In response to Commissioner Jaskiewicz' question, Ms. Heyden advised that in 1990, the comments from Police and Fire echoed the same position they have today. No staff comments are available relative to not extending the road. Mayor Taylor pointed out that in 1990, the Police and Fire Departments did not have concerns about not extending because the area was not built at that point. Mr. Kilday explained that SW Congress Boulevard will never provide any access further west than Knuth Road because Quail Ridge is west of Knuth Road. In addition, the development in question this evening is the last piece C?f land to be developed in the quadrant. Mayor Taylor pointed out that the tendency today is for people to live in closed communities. When an entire community is being built, City streets and access in all directions are of the utmost importance. Building a city is not done by closing off streets and accesses to communities. Mayor Pro Tern Matson agreed with the Mayor's remarks, but feels this is an issue that was already decided upon and the residents are not expecting that road to go through. A Commissioner who voted on the approval is present tonight, a resident who remembers when this project came before the Commission, and the applicant, who has stated that DCA confirms what the previous Commission voted on in 1990. The road in question will go no where, and will not impact anyone because the area is almost completely built out. This was acted upon and sent to Tallahassee. Mayor Taylor feels this is a confusing issue because there seems to be two issues. Some people are saying the road was never going to be built, and other are saying we never gave up the right-of-way. If the City retains the right-of-way, the road could be built at a future point in time. Mr. Kilday stated that the right-of-way never belonged to the City. There is no right-of-way. The question that came up at the time was to provide for, and to build the road which did not exist. When it was closed, the amended plan eliminated the right-of-way in its entirety. It is a case where the City cal/ed for it and after a lot of public discussion by residents, decided not to proceed with it. 17 ... ..., MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17,1995 Ms. Heyden said the City's alternate annexation is the E-3 canal. Perhaps that was the thinking at the time and staff recommended retaining the right-of-way. In addition, this is a new master plan. There is a difference in units, a difference in access points, and privatization. Mr. Kilday said that at the time of the approval, there was a list of conditions. One of the conditions was the dedication of the right-of-way for Knuth Road. That was accomplished. No one ever asked about SW Congress Boulevard because no one ever expected that dedication. When this was approved, a deed was prepared and the right-of-way that was requested was dedicated. If right-of-way had been required, the applicant would have had to dedicate it. Commissioner Jaskiewicz questioned whether or not the entire length of Knuth Road will be constructed when the Tara Oaks project construction begins. Mr. Kilday advised that Tara Oaks has the responsibility to the frontage of Knuth Road from Woolbright Road up to the canal. The commercial center must construct the remainder. There is an agreement with the County Engineer that the entire road would be constructed within a two-year time period. Mr. Winchester is attempting to coordinate so that the entire road can be constructed as one project. Commissioner Jaskiewicz explained that her opinion on whether or not SW Congress Boulevard is necessary would be influenced by the construction of Knuth Road. She further pointed out that the letter from the Tara Lakes Homeowners' Association is misleading because it refers to there no longer being plans to access the new community from SW Congress Boulevard. In response to Commissioner Jaskiewicz' question, Mr. Kilday advised that the distance between Congress Avenue and Kn.uth Road is approximately 2,600 feet (Y2 mile). Vice Mayor Bradley has many questions, but realizes that no one has the answers. He has concerns about the lack of flow that will be created ifthe road does not go through. In addition, he pointed out that Ms. Heyden feels the entire ingress/egress issue must be addressed rather than isolating this one issue. The other issues involve the emergency access points and the right-of-way on Knuth Road. Mr. Kilday explained that the only issue on the other two points is the emergency exit locks. A determination needs to be made relative to the type of locks to use. As far as the design and the single access point, there was no objection expressed. Ms. Heyden feels this sets a dangerous new precedent if the road is eliminated. The City needs to review this in terms of long-range service to the areas to the west. Originally, this community was not privatized in 1990. There is now only one full access point rather than two points that were on the plan at that time. Mayor Pro Tem Matson is concerned for the people in Tara Oaks and Clipper Cove who will be impacted and irate over this change. She feels this is a disgrace. Vice Mayor Bradley feels input from these residents is needed because there are no facts in this case. Mr. Kilday stated that the one accurate fact that exists is the master plan in the City's possession, which was signed by the City's engineer, stating "approved master plan, 6/90". When the applicant submitted this plan in 1989, staff asked for the road. The applicant provided the road and was prepared to build 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 it. When it became an issue for the neighboring property owners, the applicant had no objection to removing it. The applicant did not ask for it to be removed. The property owners made that request. The road will never extend to the west beyond Knuth Road because of the Quail Ridge community. On the east, it aligns with an entrance to Leisureville and is a local collector street in that community. It does not con nect to other north/south roads, and it does not run east. It is a very short road. From a long-range planning standpoint, it will not make very much of a difference whether or not it is built. From a police response perspective, it would provide one additional option, but the time difference between using SW Congress Boulevard, or Woolbright Road would be minimal because there is less than ~ of a mile between the two roads. Attorney Cherof advised that because this issue is quasi-judicial, it may serve the interest of the applicant, the City and the residents for the Commission to table it to afford the applicant the opportunity to continue to search records and files so that whatever is unearthed will provide a clearer picture. In response to Mayor Pro Tem Matson's question, City Manager Parker advised that we have a copy of the plans Mr. Kilday referred to which were signed off by Mr. Finizio. The other point which was not raised is that when the time extension application was approved in April, the information provided to the Commission and the applicant contained the map with the road going through. That full packet of information was provided to the applicant and the Commission, and no mention was made that it contained the wrong map. The minutes referred to earlier were reviewed by Ms. Parker. There was a lot of discussion on the road and other issues. The Commission specifically enumerated only one or two of the issues discussed, and then said "subject to staff comments". They did not enumerate anything to do with the road. Therefore, this issue is very unclear. No comments from individual Commissioners were noted with regard to their thoughts on the road. Mayor Pro Tem Matson has a problem with not accepting plans because a certain employee signed, off on them. City Manager Parker said that is not the reason this issue is in question. Mr. Kilday advised that plans were submitted to the Utilities Department in 1992. Copies of those plans were retrieved, and those plans show the cul-de-sac. Ms. Heyden said those drawings were received ifl her office with a question on them as to whether or not they were the approved drawings. In addition, Ms. Heyden said that at the time of the time extension, an updated traffic study was requested. The traffic study that was submitted with the time extension indicated that SW Congress Boulevard would be extended. Lee Wische recommended listening to the tape recordings of the meeting since the minutes are not verbatim. City Manager Parker explained that the tapes are not maintained going back five years. Motion Vice Mayor Bradley moved to table. Commissioner Jaskiewicz seconded the motion which carried 3-1. (Mayor Pro Tem Matson cast the dissenting vote.) 19 "W .." MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Attorney Cherof advised that when this issue comes back, Mr. Kilday will be permitted to continue with the presentation and supplement the record. Mayor Pro Tem Matson requested that the residents of the area be notified of this issue. Mr. Kilday advised that he notified the president of the Tara Lakes Homeowners' Association of tonight's meeting, but he was unable to attend. He will be here for the next meeting. Mr. Kilday asked for clarification of the platting issue he met with staff about. He was advised that the meeting room rather than the cabana is still an issue. D. PROJECT NAME: AGENT: OWNER: LOCA TION: DESCRI PTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue LANDSCAPE APPEAL - Request for a landscape code appeal to omit a 2 1/2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. This issue was addressed under Item VI-B.l. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 9:05 P.M. Commissioner Jaskiewicz requested that the Code Amendment relative to Psychic Readers be moved up on the agenda to accommodate residents in the audience. Motion Commissioner Jaskiewicz moved to amend the agenda to have Item B, "Code Amendment", moved up on the agenda. Mayor Taylor suggested including the combination of the three UPS items. Commissioner Jaskiewicz agreed to the amendment. Vice Mayor Taylor seconded the motion which carried 4-0. B. Code amendment - regarding Psychic Readers Jerry Broening,.820_~hRoa<L represented Inlet Cove Association which is comprised of Harbor Estates, Coquina Cove, and Yachtsman Cove. This Association was formed for the purpose of promoting public safety with the idea of beautification being involved and improvement of property values. The property owners are distressed that a member of the Commission feels this neighborhood is a better place for psychic readers than Ocean Avenue. Residents of the community were present in the audience to hear comments from the Commission. Mayor Taylor clarified that the Commissioners did not decide that one neighborhood was better than another for such a use. Staff recommended C-4 for this use. 20 Ms. Tambri Heyden Tara Oaks P.U.D. October 10, 1995 / . Page 2 /. 5) A Transmittal document dated July 2, 1990 was sent frolT! qluck Yannette of our office to Jim Golden of the City staff including thirteen~~Y revised plans dated June 24, 1990, for inclusion in the submittal to the Department of Community Affairs. (It should be noted that some further minor revisions were made to the plans by our office on June 24th). 6) Revised Engineering Plans, dated June 27, 1990, were submitted to the City on July 3, 1990 showing the termination of the road. 7) The Department of Community Affairs ORC Report dated October 22, 1990 was received by the City. 8) The City response to the ORC Report which was drafted by our office for City review and transmittal discusses accommodations in the master plan to protect f: surrounding land owners. +k'A 1~\:':'.,v:-n.. 9) The City Commission First Reading of Ordinances was held on December 4th, 1990. 10) The City Commission Second Reading of Ordinances was held on December 18, 1990. While I wish my files were more direct and to the point, the evidence I have gathered makes me believe that the plans which were transmitted to the Department of Community Affairs following the June 19, 1990 City Council meeting indicated a cul-de- sac rather than extension for S.W. Congress Boulevard. If that was the case, the same plans would have been the plans which were finally adopted by the City Council in December. With this information provided, I would like to have my staff meet with your staff and review your files including potential files in the City Engineer's office and the City Utilities Department. I believe a careful review of the files will finally clarify this issue. I am concerned that we get this issue right because I believe I agreed to not extend the road at the time of the public hearings and if that is the case, I believe it is important that we honor this agreement with the residents of Tara Oaks. cc: Carrie Parker, City Manager ~/O MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 (-- - \ was a collector street and was only about 60 ft. wide, so it would be two lane. Mr. Cutro added the Plan presently indi- cates it as a two-lane local collector. Commissioner DeLong asked about the possibility of a berm to go along with the wall. Mr. Kilday responded they could probably berm against the wall. In order to do that they would need the cooperation of the homeowners as they would be utilizing part of their right-of-way. Mr. Kilday thought the homeowners would probably agree to that as it would be beneficial. That was something they could continue and finalize when the landscape plans are looked at. As there was no further public input, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-6~, with the additions, on second and final reading. Commissioner Artis seconded the motion. A roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: r Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Nay Aye Aye Aye Motion carried 4-1. 13. Proposed Ordinance No. 090-70 Re: Rezoning - Knuth Road PCD 1[,"'1 City Attorney Josias read proposed Ordinance No. 090-70 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CpRNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN ~ARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT): AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. II r Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-70 on second and final reading. Commissioner DeLong 29 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Nay Aye Aye Aye Aye Motion carried 4-1. 14. Proposed Ordinance No. 090-71 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.k - Boynton Beach Boulevard PCD City Attorney Josias read proposed Ordinance No. 090-71 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE BOYNTON BEACH BLVD. PCD PROPOSAL: SAID TEXT AMENDMENT WILL ALLOW A COMMERCIAL LAND USE DESIGNATION: PROVIDING AUTHORITY TO CODIFY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE." Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to approve proposed Ordinance No. 090-71 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Aye Aye Aye Aye Nay Motion carried 4-1. ( 15. Proposed Ordinance No. 090-72 Re: Land Use Element Amendment - Boynton Beach Boulevard PCD City Attorney Josias read proposed Ordinance No. 090-72 by caption only: 30 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 r I Vice Mayor Wische moved to adopt proposed Ordinance No. 090-73 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Nay Aye Aye Motion carried 4-1. 17. Proposed Ordinance No. 090-74 Re: Land Use Element Amendment - Tara Oaks PUD City Attorney Josias read proposed Ordinance No. 090-74 by caption only: I "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D. (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MeDR): PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Mayor Moore asked if there was any input from the public. As chere was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-74 on second and final reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore ".~ Vice Mayor Wische Commissioner Artis Aye Nay Aye Aye Aye ~ ii ". I Motion carried 4-1. 18. Proposed Ordinance No. 090-75 Re: Rezoning - Tara Oaks PUD 32 ~< , . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 18, 1990 City Attorney Josias read proposed Ordinance No. 090-75 by capt.ion only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D., (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 5.0: AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE. " I If,'" Mayor Moore asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Wische moved to adopt proposed Ordinance No. 090-75 on second and final reading. Commissioner Artis seconded the motion and a roll call vote was taken by Peggy White Boulle, Deputy Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Nay Aye Aye Aye Aye Motion carried 4-1. 19. Proposed Ordinance No. 090-76 Re: Land Use Element Amendment - Woolbright Plac.e PUD City Attorney Josias read proposed Ordinance No. 090-76 by caption only: . !'.AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING WOOLBRIGHT PLACE, P.U.D., AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM RECREATION TO L' 33 .,. -=Il-g MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 Mayor Moore Vice Mayor Wische Aye Aye Motion carried 5-0. \{,"'I 8. Proposed Ordinance No. 090-67 Re: Rezoning - Winchester Boulevard Restaurant City Attorney Cherof read proposed Ordinance No. 090-67 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL): AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-67 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Aye Aye Aye Aye Motion carried 5-0. 9. Proposed Ordinance No. 090-61 Re: Annexation - Knuth Road PCD City Attorney Cherof read proposed Ordinance No. 090~61 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTIO~ 7 (32) OF THE 12 J ~t. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES: PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING A SAVINGS CLAUSE: PROVIDING FOR ADVERTISING: PROVIDING AN EFFECTIVE DATE: PROVIDING AUTHORITY TO CODIFY: PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION: AND FOR OTHER PURPOSES." Vice Mayor Wische asked if there were any objections on this from the DCA. Chris Cutro, Planning Director, responded there were objections on th~Knuth Road project, the Boynton Beach Blvd. PCD project and the Tara Oaks project. The Planning Dept. was involved in putting together an infor- mational package that will clear up questions by the DCA, especially in the area of traffic for the Boynton Beach Blvd. PCD and Knuth Road projects. Mr. Cutro wished to withhold his recommendation on those projects until the next meeting. :1l ..1 Mr. Cutro recommended this Ordinance be passed on first reading, contingent upon all the reports being provided to him by Kilday & Associates, prior to second reading. One Commissioner suggested tabling the Ordinance until the next meeting. Attorney Cherof asked that this not be tabled as it would foul up the notice requirements. Mr. Cutro agreed with Attorney Cherof and explained the 60 day time frame the City is working with. These have to be passed or denied by December 18, 1990. Based on these facts, Vice Mayor Wische moved to approve proposed Ordinance No. 090-61 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Nay Aye Aye Aye Aye Motion carried 4-1. Mr. Cutro asked that the Commission next consider item 20 on the Agenda as it had a direct effect on what was being done. 20. Proposed Ordinance No. 090-68 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.j - Knuth Road PCD 13 - . --...-.----.... ._.,.,~. ..-.. ,"_..._---.-. .._---_._._-'_.----~...,..-._..__.....__._-- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 City Attorney Cherof read proposed Ordinance No. 090-68 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE IN CONNECTION WITH THE KNUTH ROAD PCD PROPOSAL: SAID TEXT AMENDMENT WILL ALLOW ONE LAND USE DESIGNATION ON THE ENTIRE PARCEL: PROVIDING FOR A CONFLICTS CLAUSE: PROVIDING FOR SEVERABILITY: PROVIDING AUTHORITY FOR CODIFICATION: AND PROVIDING AN EFFECTIVE DATE." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-68 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Aye Aye Aye Aye Nay Motion carried 4-1. Mr. Cutro asked that the Commission next consider item 10 on the Agenda. There was brief confusion about whether item 9 had been voted on. The City Clerk clarified that item 9 and item 20 were both approved 4-1. 10. Proposed Ordinance No. 090-69 Re: Land Use Element Amendment - Knuth Road PCD City Attorney Cherof read proposed Ordinance No. 090-69 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF KNUTH ROAD AND BOYNTON BEACH BLVD.) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HERE1NAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/3 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL: PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-69 on first reading. Commissioner DeLong seconded the ., 14 -.'."--------.-..-- .._.._._--'-----_.~~. ----------_.._-. ---.- --~..'._----- ...~;;':".."'': .--,' ::~,;, '. ' .:. ~,. ~,,~,~\~,., ,,~ ....;.. ;~ 'LW' ,j ,~'~"'. -"'~ "'~il., - ,.;:,.,~~.\t~~ x .. . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 '~~. ' motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Aye Aye Aye Nay Aye Motion carried 4-1. 11. Proposed Ordinance No. 090-70 Re: Rezoning - Knuth Road PCD City Attorney Cherof read proposed Ordinance No. 090-70 by caption only: "A..~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT): AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-70 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Aye Aye Nay Aye Aye Motion carried 4-1. 12. Proposed Ordinance No. 09Q-62 Re: Annexation - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-62 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BOULEVARD PCD (SOUTH SIDE OF BOYNTON BEACH BLVD., APPROX. 950 FEET WEST OF CONGRESS AVENUE) ANNEXING A 15 " , '.i ,'~' . '. 4 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE c;.:r;TY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UaGN ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES: PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING A SAVINGS CLAUSE: PROVIDING FOR ADVERTISING: PROVIDING AN EFFECTIVE DATE: PROVIDING AUTHORITY TO CODIFY: PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUI~COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION: AND FOR OTHER PURPOSES." . Vice Mayor Wische moved to adopt proposed Ordinance No. 090-62 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Nay Aye Aye Aye Motion carried 4-1. Mr. Cutro asked that the Commission next insert item 21 from the Agenda. 21. Proposed Ordinance No. 090-71 Re: Text Amendment to Comprehensive Plan Future Land Use Element Support Document Area 7.k - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-71 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE BOYNTON BEACH BLVD. PCD PROPOSAL: SAID TEXT AMENDMENT WILL ALLOW A COMMERCIAL LAND USE DESIGNATION: PROVIDING AUTHORITY TO CODIFY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE." ..- 16 .. 'y. . MINUTES - REGULAR C1TY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990,., 1,'; Vice Mayor Wische moved to approve proposed Ordinance No. 090-71 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: >. ~," Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Nay Aye Aye Aye Aye Motion carried 4-1. 13. Proposed Ordinance No. 090-72 Re: Land Use Element Amendment - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-72 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE) AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM COUNTY CH/8 (AGRICULTURAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL: PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-72 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Mayor Moore Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Aye Aye Aye Aye Nay Motion carried 4-1. 14. Proposed Ordinance No. 090-73 Re: Rezoning - Boynton Beach Boulevard PCD City Attorney Cherof read proposed Ordinance No. 090-73 by caption only: 17 Klldey & AaocIetea Landscape Architectsl Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 DATE: MEMORANDUM ill rn@rn~\VJrn rn October 10, 1995 OCT I I 1995 Tambri Heyden PLANNING AND ~ ZONING DEPT. Kieran J. Kilday TO: FROM: RE: Tara Oaks P.U.D. / Status of S.W. Congress Boulevard Our File No.: 738.2 Due to confusion which has existed regarding the status of S.W. Congress Boulevard, I have sat down and carefully reviewed all of my files regarding the Tara Oaks property. As you are aware, the property was the subject of a Land Use Amendment and a Major Master Plan Modification in 1989. There was a significant amount of neighborhood concern at the time of the Hearings. For that reason, certain changes were made to the master plan to accommodate these concerns. With regard to S.W. Congress Boulevard, I recall several meetings with the Tara Lakes residents as well as discussion at the Planning Commission and City Commission Hearings concerning the extension of S.W. Congress Boulevard to Knuth Road. While I personally saw the road as being beneficial to the people within Tara Lakes (Le. an easier route to get from Tara Lakes, to Knuth Road, to Woolbright Road, to the Publix at Woolbright Road and Military Trail), the residents clearly felt that the extension of this road between Congress Avenue and Knuth Road would result in a cut-through (much like the Meadows Boulevard discussion now ongoing). For that reason, our office amended our plans to indicate a cul-de-sac rather than an extension of the road. The sequence of events I have been able to document is as follows: 1) The Planning and Zoning Board Public Hearing was held on June 12, 1990. 2) The Master Plan was amended by my office to remove the road extension and replace it with a cul-de-sac as shown in the revision block dated June 15, 1990. 3) A letter was written from our office to Mr. Vincent Finizio on June 15, 1990, indicating that revised plans were being submitted for his review. 4) The City Commission Transmittal Hearing was held on June 19, 1990. ;1'" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1990 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE BOYNTON BEACH BLVD. PCD (SOUTH SIDE OF BOYNTON BEACH BLVD. APPROX. 950 FEET WEST OF CONGRESS AVENUE), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT): AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILIY CLAUSE: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-73 on first reading. Commissioner DeLong seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Vice Mayor Wische Commissioner Artis Commissioner DeLong Commissioner Weiner Mayor Moore Aye Aye Aye Nay Aye Motion carried 4-1. 15. Proposed Ordinance No. 090-74. Re: Land Use Element Amendment - Tara Oaks PUD City Attorney Cherof read proposed Ordinance No. 090-74 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D. (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LD~) TO MEDIUM DENSITY RESIDENTIAL (MeDR): PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES." Vice Mayor Wische moved to adopt proposed Ordinance No. 090-74 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner Artis Commissioner DeLong Aye Aye 18 V,"'1 'i"~is~;,\f' ~.'i. ..2-~~: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Ir~ DECEMBER 4, 1990 Commissioner Weiner Mayor Moore Vice Mayor Wische Nay Aye Aye Motion carried 4-1. 16. Proposed Ordinance No. 090-75 Re: Rezoning - Tara Oaks PUD City Attorney Cherof read proposed Ordinance No. 090-75 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TARA OAKS P.U.D., (SOUTH OF L.W.D.D. CANAL L-25 AND NORTH OF L.W.D.D. CANAL L-26 AND STARTING AT THE NORTH SOUTH 1/4 SECTION LINE OF SECTION 30 CONTINUING FOR A DEPTH OF 347.30' EAST), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 5.0: AMENDING THE REVISED ZONING MAP ACCORDINGLY: PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA: PROVIDING A CONFLICTS CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE." Vice Mayor'Wische moved to adopt proposed Ordinance No. 090-75 on first reading. Commissioner Artis seconded the motion and a roll call vote was taken by Sue Kruse, City Clerk as follows: Commissioner DeLong Commissioner Weiner Mayor Moore Vice Mayor Wische Commissioner Artis Aye Nay Aye Aye Aye Motion carried 4-1. 17. Proposed Ordinance No. 090-76 Re: Land Use Element Amendment - Woolbright Place PUD City Attorney Cherof read proposed Ordinance No. 090-76 by caption only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING WOOLBRIGHT PLACE, 19 - e T Pvy c.. Kilday & Associate8 Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 -=tt3 June 15, 1990 Mr. Vincent A. Finizio City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 .. Re: #799.9 Dear Mr. Finizio, Attached please find three (3) copies of the revised Master Plans for the above referenced projects. These have been revised pursuant to your Technical Review Board comments (Engineering Department Memoranda Nos. 90-101, 90-102, 90-103) inc~uding the specific verbiage agreed upon at the Planning and Zoning Board meeting on r June 12, 1990. cc: Jim Golden; Boynton Beach Bill Winchester Mike Schroeder -. ....._----_._-~"- " ,\ :J ~.( .. t~ __ I ~ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 1'_ -#Lf JUNE 19, 1990 Description: southwest corner LAND USE ELEMENT AMENDMENT/REZONING! TEXT AMENDMENT: Request to show annexed land as "local Retail Commercial" land use and to rezone from AR (Agricultural Residential) in Palm Beach County to PCD (Planned Commercial Development), to allow for the construction of ~ 120,000 sq. ft. shopping center. Jim Golden, Senior Planner stated items E. and F. would be presented together as their issues are similar. The Planning & Zoning Board had voted to approve items E. and F. That approval was subject to staff comments and continued negotiation of the developer's agreement with the affected property owners. Staff recommended denial, the basis of which was outlined in the staff report. Mr. Golden explained the specific reasons for staff's recommendation for denial. The County had pro- vided comments which had been provided to the City Manager. G. Project Name: Agent: O~vner : Description: Tara Oaks PUD Kilday & Associates John Lambert Van Hezewyk & Anita Louise Van Hezewyk East side of Knuth Road extended south, between the LWDD L-25 and L-26 Canals bAND USE ELEMENT AMENDMENT!REZONING: Request to amend the Future Land Use Element of the Comprehensive Plan from "Lo~" Density Re::ddential" to "Medium Density Re::iidential" and to rezone from PUD w!LUI=4 to PUD w/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church. Location: Mr. Golden proceeded to address the Tara Oaks PUD project. This residential project is somewhat related to the Boynton Beach Blvd. PCD and Knuth Road PCD projects. Mr. Kieran Kilday of Kilday & Associates stated at the beginning of his presentation he would address ~eneral issues which would carryover to all three projects. These are different pro- jects, however, and should be considered separately. Mr. Golden explained the Planning & Zoning Board voted to approve this request, subject to staff comments and the Comprehensive Plan Amendment which incorporate the con- - 5 - ',' ~ f ~ .~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 ditions of approva~ to mitigate the impacts. Staff recom- mended approval, but with a lower land use category, namely, moderate density residential instead of medium density which had been requested by the applicant. ~orrespondence had been received-'.from the County Traffic ~Engineer, which indicated the Traffic Study did comply with ~the County Ordinance. Reference was made to a memorandum prepared by the City Forester which addressed the gopher . tortoise issue, of which a significant population exists on the site. The question had been raised as to whether these should be preserved on the site or relocated. Mr. Golden 'dnoted no site existed for relocation of the population. IVice Mayor Wische asked why the Commission Has just being yadvised of the gopher tortoise situation. Mr. Golden tresponded the Comprehensive Plan required the developer to ~:hire a consultant to do an environmental analysis, including , endangered species. This is done prior to development and hasn't taken place in this instance yet. Staff will generally do a preliminary reconnaissance even though they do not have full expertise on staff to do these studies. ;.Mr. Golden didn I t recall this coming up \"hen the original [UD \"as approved. Discussion ensued. ~City Manager Miller pointed out the environmental concerns have to be met before developmental orders can be issued by the City. To have a developer undertake studies at his own expense prior to the site plan process can end up being a heavy cost as well as bqrden the whole process. ~r. Cannon remarked discussion had taken place \"i th the ?applicant and he felt they had arrived at a way to allow for ~i:ervation of the population on the site. DlScussion took place about the difference between moderate and medium density for the project. Relative to calculation of the density, Mr. Golden stated it would be 9.68 for the entire PUD which would include the church site and the ~vater tracts south of S.W. Congress Blvd. The actual density, since they are putting all the units north of S.W. Congress Blvd. would be higher. Mr. Kieran Kilday proceeded to address the locations of items E., F. and G. He produced numerous maps of the area and stated they were in the process of consolidating the parcels to bring them into the Ci ty in the next fe\1 months. He pointed out \"here one of the parcels \vas \vrapped by existing City boundaries. Another parcel abutts City pro- perty on its east line. As such, these parcels normally would be annexed when they came in for any sort of water service agreement. - 6 - "} II (t . I -,'_~_:'-_____~ ~ Y" V \ I ~. ~ - 'loolt /. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Kilday made available a synopsis of each project which provided the response the developer had produced on the Planning concerns of staff. A fact sheet on the projected tax revenues was also made available as well as information on employment estimates. Also provided was an updated, exe- cuted agreement between Stonehaven Ho@eo~ners As~ociation and Messrs. Winchester and Schroeder. Between 107 and 109 property owners had signed in support of this agreement. It was noted that all three of the projects abutt Stonehedge PUD or Banyan Creek. Mr. Kilday referred to an effort to provide mitigation where the projects would abutt those residential developments. He stated the conditions offered in the executed agreement were being offered as conditions of any approval at this meeting. Not only would they be between the two parties but Mr. Kilday stated they would have the force of the City. Remarks were made about Stonehaven Drive. The residents currently have a problem related to one existing shortcut which exists to avoid the intersection. Up until the current time, the Fire and rescue services had said it's good to have an alternative. In the agreement, the deve- loper was agreeing to build all of Knuth Rd. from where it terminates to Woolbright Rd. Once this is done, there is no good reason for people to be cutting through neighborhoods. Based on this, the homeowners were interested in privitizing their roads. Mr. Kilday proceeded to.make spegific comments on the three individual projects: Boynton Beach Boulevard PCD In laying out the site, the main concern was that the acti- vity areas, signage and lights all be toward the intersection which is already commercialized. In doing that, service ends up at the rear of the buildings. To accommodate that, Mr. Kilday stated they tried to keep the buildings away from certain areas as well as provided signi- ficant buffered areas. The buffered areas would be a mini- mum of 25' wide. Within that space, a 4' high berm would be built up with a 6' wall on top of the berm. If the deve- loper can obtain appropriate approval, they had agreed to put barbed wire on the back wall. They had agreed to pro- vide a landscape program, including a street scape program on both sides of the project. Mr. Kilday stated they would provide an access easement to provide access to the Post Office. Mayor Moore requested input from the public. - 7 - _ _........__.J.. ,rU~ "'" ",.c_ . ....... ~ , . (".,. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Roger Bennett, President of Stonehaven Homeowners Assoc. stated 109 of the 166 homeowners in his development were in favor of the three projects as presented and as a whole agreement. He referred to efforts made to mitigate impact. By supporting these projects, Mr. Bennett felt the residents had a chance to control what is around their community. . Remarks were made about the zoning and negative possibili- ties that Mr. Bennett felt existed if this were not approved. Other remarks were made by Mr. Bennett about pri- vitizatioh and traffic problems \;,hich have existed. Mr. Bennett polled the Commissioners on how they individually felt about the privitization. Most of the Commissioners responded favorably, so long as the Fire and Police Depts. accessibility and safety concerns were met. Discussion took place among the Commissioners on hO~1 to organize the input from the public and time limits on speaking. It was noted on each of the three projects, a total of 30 minutes would be allowed. This would include 10 minutes for the developer's presentation, ten minutes for those in favor to speak and ten minutes for those in opposi- tion to speak. Cormac Conahan, representing Boynton JCP, owners of the Boynton Beach Mall produced a letter expressing objection to all three amendments. He stated they would address this topic again when the projects come back for another hearing, after DCA review. Mr. Conahan didn't think this was before the Commission in a timely fashion. He felt traffic impacts in certain intersections do not support the proposal at this time and it \I/as inconsistent \Jith the Comprehensive Plan, as well as County and State provisions. He referred to other development which is way ahead of this in terms of already approved projects, which will impact the traffic issues. Mr. W. Mark Barry, Vice President of North American Acquisition Core. addressed the Commission. He stated they were an investment company an~ were the owners of the Boynton Plaza which is the publix shopping center at the corner of Boynton Beach Blvd. and Congress Ave. Mr. Barry wa~ in opposition to Agenda items E. and F. (the two shopping centers). He felt additional retail development would bring hardship to existing tenants of shopping centers in the aCea. He referred to an over ~upply of retail space and vacancy rates. Comments \-Jere made about e~~cess retai 1 development impairing future development in the community, including the t:edeveloplllent oE the dO\v'ntO\v'1l are<l. Barbara Alterman, Assistant Palm Beach County Attorney stated ~he didn't intend to speak for or against the appli- _ 8 v::.. , . - . 'W. , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 cations but she needed to bring something to the Commission's attention. The Municipal Implementation ordinance was adopted by the Board of County Commissioners on February 1, 1990. That Ordinance requires that any application must be complete prior to February 1, 1990, in order for a project to be considered exempt from the 1990 Traffic Performance Standards. Based on the County's understanding, the application for this project may not have been complete prior to February 1, 1990. Therefore, the two shopping center projects would not be considered "previous approval" and would be subject to the 1990 Traffic Performance Standards. Mayor Moore asked Tim Cannon, Interim Planning Director if this application had been filed timely. Mr. Cannon responded they were filed timely. The question is how you define complete. They found the~applications to be substan- tially complete and went ahead and started processing. They did make a list of items that ~lere missing. The applicant and County were provided with that list. Mr. Cannon stated in their judgement, the applications were complete enough to start processing them. They considered them to be complete. Ms. Alterman noted nothing had been submitted officially yet to Palm Beach County. At such time as the City approved a development order on these projects, the City was required under the Ordinance to submit to the County a previous approval determination, if so desired. Then the County had a certain amount of time to evaluate and determine ~'hether it agreed with the dete(mination or if they wished to challenge it. Ms. Alterman had spoken to Mr. Kilday who had indicated the developer really couldn't take a 30 day post- ponement. The County requested a condition be added to any development order the City might approve, that would state if not found to be a previous approval, the developer woulq have to meet the traffic performance standards for 1990. The Mayor asked if the County arbitrarily and unilaterally make~ that decision. Ms. Alterman replied they do not. She stated, according to the Ordinance, guidelines are set forth and if necessary, there could be a challenge. Discussion took place on the definition of complete as defined in the Ordinance. Mti. Alterman was present to alert the Commi ss ion to the fact tha t there \laS i nforma t ion \lhi ch indicated the applications may not have been complete in time. They were not making that determination at this point. She asked the Commission to consider that \/hen they were consideriny approval. Mr. Phil Leslie, President of COBRA didn't feel these plans conformed with the City or County Comprehensive Plans, nor - 9 - --'''::'.. ~ -.. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 COBRA's recommended growth control. He stated there was no need for these projects as the Boynton Beach Mall was just a short distance away and there were numerous other shopping centers in the area. Remarks were made about negative impacts on residential areas such as increased traffic, noise, litter, etc. Mr. Leslie referred to some nearby residents expressing support for these projects and the fact that the developer was willing to spend a considerable amount of money doing certain things for those subdivisi~ns. THE PUBLIC HEARING WAS CONCLUDED on Boynton Beach Blvd. PCD. It was announced that an advertised Public Hearing will be held after the land use amendment is reviewed by the DCA. Discussion took place with Mr. Kilday about the applications having been submitted prior to February 1, 1990 and Mr. Kilday remarked they were deemed to have been complete applications. Mr. Kilday referred to a lag in time in the City getting its concurrency ordinance and the County sub- sequently not receiving an important list of projects from the City. Commissioner Olenik asked if the Commission approved this project, would they be placing the Sears project further in jeopardy relative to the Traffic Performance Standards Ordinance enacted February 1, 1990? He noted the Regional Planning Council had objected to the project based on traf- fic impacts. The City was taking the matter to the Governor and his cabinet for an appeal. He asked how County staff would perceive this. M$. Alterman did not believe any approval on this project would affect the DRI project. She repeated if this is a complete application, the 1990 stan- dards would not apply to it. If it was not a complete application, these projects would have to comply with the new standards. It would not affect the DRI in any way. Ms. Alterman understood the application had been filed on January 31, 1990. The Ordinance went into effect the next day. She thought there was certain scrutiny that goes on and she stated there had been indications from staff on both sides that there may be some problems with the application. In response to a question rais~~, Mr. Cannon noted if the application was found to not have been completed in a timely fashion, and they had to adhere to the 1990 standards, this would mean the developer would have to make additional improvements to some of the roadway links or possibly reduce the square footage of the projects. Mayor Moore was concerned that the County was raising this issue so late in the process. Ms. Alterman referred to the contents of a June 5, 1990 letter to Jim Golden from Allen Enis, Traffic Engineer for Palm Beach County which raised - 10 - (~- ... ...... MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 certain issues. Discussion ensued. remarked if the Commission chose to it really had no bearing on certain loper and the County. ~ Commissioner Olenik approve these projects, issues between the deve- Knuth Road PCD Mr. Kilday explained that in the County's Comprehensive Plan the northern 450' had a commercial high-intensity designation. The back portion of the site had a designation to allow commercial recreation because of an existing approved development plan that would allow for the develop- ment of a golf and tennis center on that site. Mr. Kilday stated he did not believe this use was the best use for the site. Providing a golf driving range with lights and night use, he believed would be a bother to residents. The deve- loper had therefore asked for approval of a PCD. The City's Comprehensive Plan indicates the front 250' of the project should be allowed to develop as local retail commercial and the south part of the project should be used for moderate density residential. Mr. Kilday stated the neighbors needed to chose whether they wanted moderate den- sity to the west or whether they wanted high density located next to the Post Office. Comments were made about an existing 6' chain link fence and landscaping between Quail Ridge and the north side of the site. Mr. Kilday also referred to an existing 30' road right-of-way which had never been developed along the west property line. This resulted in a 55' buffer along the west line and a 25' buffer along the south.' Because of the golf course area, the nearest residence would be 450' to the south. To the west there were no residences between the site and the main access road to Quail Ridge. Mr. Kilday explained the location of a wall the developer had agreed to provide for the Stonehaven development. Also, upon privitization of the roads, contributions would be made toward that development's guard gates. The developer had asked that either Knuth Road PCD or Boynton Beach Blvd. pcn (Whichever project moved first) be responsible for the construction of Knuth Road down to Woolbright Rd. Mr. Kilday clarified the responsibility for the segment north of the residential project should be picked up by the commer- . cial center. "'.". ..,' Mayor Moore asked if there was any public input. Cynthia Greenhouse, 618 N.E. 13th Avenue, Boynton Beach stated her Planning & Zoning Board vote in support of the two pcn projects was predicated on specific language being - 11 - - - ~. ~. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 placed on the Master Plan before the Chairman of the Planning & Zoning Board signed it. This language dealt with the projects being required to comply with applicable County traffic standards. She stated this issue should not be a surprise as it was discussed at great length by the Planning & Zoning Board. Mrs. Greenhouse noted the developer was creating the impact and he should be responsible for completing the road links. Mr. Kilday responded the loper would meet all requirements of the Ordinances. stood by the language put on the Master Plan. Other were made. deve- He remarks Malcolm Sullivan, 3628 Royal Tern Circle, Boynton Beach, President of the Quail Ridge property Owners Association stated their Association was concerned that should this be developed as proposed, residents would find themselves staring at the unattractive rear of an expansive building with dumpsters, loading noise, etc. Mr. SUllivan didn't feel the proposed plans complied with the City's Future Land Use Plan and he thought the plans should be denied. He was very concerned about the conversion of Knuth Rd. into a narrow, major thoroughfare through a succession of residen- tial complexes. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. It was announced that a second 'Public Hearing will be adver- tised and held prior to the adoption of the Land Uoe Amendment. Commissioner Olenik asked if a retail oil/lube type establishment could be built there if these two parcels were rezoned to PCD? Mr. Cannon responded affirmatively and explained. Discussion took place regarding current zoning, potential'increases to the tax base and vacant commercial properties that exist. Mr. Kilday stated in order to get financing for these projects they would have to have tenants "in hand." Commissioner Olenik expressed concern relative to the large Farcel on Winchester Park and Boynton Beach Blvd. Although not directly related to the items on the current Agenda, he requested enlightenment on what that parcel might bring. He thought that could impact smaller parcels on Boynton Beach Blvd. Mr. Kilday explained those properties were designated high intensity commercial in both the City and County Plans. Mr. Ki lday stated he could probalJly withdra~... the t~...o appli- cations on the Agenda (West Boynton Beach Blvd. Retail/Oil-LUbe and Old Boynton Road/Congress Avenue Service Stat ion'), because those pieces have been absorbed in the - 12 -- ~ "'-, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 greater project. He referred to a single project of unified architectural theme. Their planning was to hold a pre- application conference by mid-July for Treasure Coast. Application would be made shortly thereafter. Mr. Kilday remarked the developer had no problem with restricting the auto service use from both of the subject sites. Discussion ensued among the Commissioners. Commissioner Weiner thought if these projects were approved, it would have a negative impact on downtown redevelopment. Motions on Boynton Beach Blvd. PCD In connection with Item E., the Boynton Beach Blvd. PCD, Commissioner Olenik moved to approve the Land Use Element Amendment to show the annexed land from Agriculture Residential to PCD. Vice Mayor Wische seconded the motion. It was noted the PCD will still have to corne back before the Commission for Site Plan approval. A comment was made about the possibility of this being approved and then the owner selling the land. If this were to occur, the benefits to Banyan Creek might not take place. Mr. Kilday responded this was addressed in the agreement and he had asked that these conditions be placed in the zoning so it would automa- tically bind any future owner to those same agreements. Mr. Kilday read out loud the exact language which would run with the land. City Attorney Cherof noted the City was not a party to this agreement between the developer and the adjoining subdivisions._ Mayor Moore called for a vote on the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. A few minutes later Commissioner Weiner stated she wished to change her vote. The final vote on this motion was there- fore 5-0. Commissioner Olenik moved to rezone the parcel known as Boynton Beach Blvd. PCD from Agriculture Residential in Palm Beach County to PCD within Boynton Beach. The motion was subject to staff comments and representations made by the developer. Vice Mayor Wische seconded the motion. The motion carried 5-0. Commissioner Weiner later stated she wished to change her vote. The final vote on this motion was therefore 4-1. Commissioner Olenik moved to amend the text of the Boynton !!~~~!l CO!!p~~he~~_i~~_P-~~~ pur suan t toP 1 ann i nq Dept. Memorandum No. 90-157. This was with the exception that 'exterior mechanical equipment may be ground mounted. The motion Mas seconded and carried 4-1. Commissioner Weiner voted against the motion. '" ~'\ - 13 - '- "- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Cannon stated the property would have to be annexed before the Commission could take final action on the land use amendment and rezoning. It would appear on the same upcoming Agenda. In connection with the land use amendment, Mayor Moore remarked there would be another advertised Public Hearing after DCA review. Motions on Knuth Road PCD In connection with Item F., Knuth Road PCD, Vice Mayor Wische moved to approve the Land Use Element. Commissioner Artis seconded the motion. ",':\ Commissioner Olenik expressed concerns over the composition of Boynton Beach Blvd., west of Knuth Rd. He thought it needed to be a less intense use. Other opinions were expressed. Mr. Kilday stated in the final development there were certain uses they would be willing to restrict on the site. The Mayor called for a vote on the motion. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Vice Mayor Wische moved to rezone the property from Agricultural Residential to PCD. Commissioner Artis seconded the motion which carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. Vice Mayor Wische moved to amend the Comprehensive Plan language as recommended by staff. Commissioner Artis seconded the motion which carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. In connection with the land use amendment, an advertised Public Hearing will be held after DCA review. Tara Oaks PUD Mr. Kilday explained the plan currently approved for this site allowed for 78 lots in a row on Knuth Road with two cul-de-sacs coming out onto Congress Blvd. Knuth Rd. would also connect to Congress Blvd. This plan, with those restrictions, had been sitting dormant for some time. The plan had been redesigned so as to protect the residential property owners. All units had been taken from the south side. Mr. Kilday pointed out on a map where a church was to be located as well as a lake with open area. Modifications on the plan met concerns of staff. He pointed out an area inhabited by gopher tortoises and stated this would be set aside, -subject to State approval. They were asking for 192 Lm - 14 - ~. .... MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 units. Remarks were made about walls to be constructed to buffer the property on the north side of the canal area. Additional landscape berming and an expanded setback of 40' were pointed out. There will be no units abutting the sales project to the south. Knuth Rd. will be made to connect between the canal and Woolbright Rd. Mr. Kilday pointed out alterations made to the plan since it was approved by the Planning & Zoning Board~ Commissioner Olenik asked if staff had a problem with making Congress Blvd. a cul-de-sac westward. Mr. Cannon noted he had not seen this plan. He had been prepared to suggest they dedicate the right-of-way and only be required to build it as a cul-de-sac. In the future, if the City chose, they could build it through. In viewing the plans, Mr. Cannon noted that would not be possible. Mr. Cannon stated it Qppeared if habitat was provided for the tortoises, they wouldn't get S.W. Congress Ave. The TRB had not reviewed the cul-de-sac issue yet. Mr. Cannon remarked the net den- sity on this project was about 15 to 17 units per acre. Discussion ensued. Mayor Moore asked if there was any input from the public. Tom Marshall, 17 Tara Lakes Drive East, Boynton Beach, President of the Tara Lakes Homeowners Association spoke in opposition to the proposed increase in density. He thought this would probably result in rental property which he thought would negatively impact surrounding properties. Approval of medium density would be granting a special pri- vilege to the developer in view of surrounding densities and would go against the Comprehensive Plan. A petition was presented with signatures of 55 homeowners in opposition to Tara Oaks PUD. c/ If the Commission decided to approve this project despite objections raised by Tara Lakes, Mr. Marshall stated three conditions should be made. 1) Southwest Congress Blvd. should be terminated with a cul-de-sac. 2) No dwelling units should be constructed south of the north edge of S.W. Congress Blvd. 3) Lakes of Tara should be able to provide input and approve the landscaping plans immediately adjacent to the Lakes of Tara community. Mr. Marshall thought Mr. Kilday kept diverting attention back to gratuities to be provided. The real sentiment of the public in opposition, in his opinion, was being buried. Mr. Marshall stated his homeowners association desired low density for tl1at site. Further discussion ensued about densities. Staff was recom- mending. this be retained at moderate levels. Mr. Cannon - 15 - \ I I I I I ~. -- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 stated there were also some amendments to the Comprehensive Plan that the applicant had consented to and it was recom- mended they be conditions of approval as well. Staff's recommendation would provide for only 146 units per acre as opposed to 192. Peggy Lewis Field, 1828 Edgewater Drive, Boynton Beach stated she was a new homeowner in this area. She felt the Planning & Zoning Board had granted this developer special privilege rather than making the developer comply with the rules. She asked why have advice from staff if their recom- mendations are to be disregarded. She stated it gave the appearance that minds are made up before the meetings take place. Ms. Field referred to wetlands on the property. The Dept. of Natural Resources requires all properties over one half acre must have a permit to destroy wetlands prior to development. She also understood that according to long- time residents in the area, there was hazardous waste on the property. Commissioner Olenik asked that the Commission direct staff to follow up on this the next day. He urged the press to be cautious about printing unsubstantiated sta- tements. Ms. Field stated she had not verified the claim. Ms. Fields thought the developer should be required to put sufficient funds in escrow to ensure privitization of Stonehaven PUD and protection of endangered species on the property. Stella Rossi, 625 Whispering pines Road, Boynton Beach spoke on behalf of the Coalition for Wilderness Islands. In con- nection with relocation of the gopher tortoises, Mrs. Rossi explained that prior development in the County had used up the supply of relocations sites. When the time limit to speak had expired, Commissioner Olenik and Commissioner Weiner wished to allow Mrs. Rossi to finish. Commissioner Olenik understood individuals were to be given three minutes. The Commission this evening had allowed ten minutes for each side but Commissioner Olenik thought really at a Public Hearing any interested person should be given three minutes to speak. There was discussion among the Commissioners and Mrs. Rossi was allowed a total of three minutes to speak. The Mayor requested a copy of the speaking policy be put before the Commission once and for all because he thought it kept changing at the whim of the Commission. Mrs. Rossi continued and stated moving species ~nd their food source had become very costly and had not proven suc- cessful in the past. She realized there was a need for homes. . She also felt development should be done in a manner - 16 - . \.- .'" ~ . . ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 that preserved open space and ecosystems. This would pro- duce a better quality project for the welfare of the species and the humans. Both objectives could be accomplished with some of the conditions that had been discussed. Mrs. Rossi recommended on-site preservation. THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved that the Tara Oaks PUD request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church be denied. The motion died for lack of a second. Discussion took place. Mr. Kilday stated if he could agree to moderate density, he would. The reason they came in at medium density was related to the construction of Knuth Rd. Mr. Kilday remarked the density had been moved to the northern part of the site and there would virtually be no density to the south. He needed the medium density in order to provide the requirements desired. He couldn't go any lower on the density. 1It~::~tive to the road impact fees to be received on the two PCD projects, Vincent Finizio, ~dministrative Coordinator of Inspection & Engineering explained why those fees could not be used to construct Knuth Road. City Manager Miller noted there were other existing projects of higher priority. Mr. Finizio stated when Tara Oaks said they agreed to build Knuth Rd., based upon the statement put on their plans, they would also be agreeing to comply with the County Engineer's requirement to improve other links through road impact fees. Other technical remarks were made about the roadways. Two I canal crossings, at the developer's expense, are also ~involved in this project. ~Mr. Kilday stated the developer's whole stipulation pre- ~-sented was based on being able to do all three projects and having each of the projects pick up some of the costs. Mayor Moore asked if the developer had protection if something broke down on one of the three projects, where they wouldn't be annexed with a zoning classification where they could develop the property. Mr. Kilday stated Tara Oaks was in the City. It they couldn't come to a final agreement on the other two projects, tllen they would use the .~unty plan which is heavier commerci,1l. - 17 - .. J. , ~:J ........ - "'''''' . . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Motion on Tara Oaks PUD Vice Mayor Wische moved to approve the Land Use Element Amendment/Rezoning request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construc- tion of 192 multi-family dwelling units and a church. Commissioner Artis seconded the motion. Mr. Kilday explained the proposed church will be on the corner of Woolbright Rd. and Knuth Rd. Mr. Kilday stated language had been agreed to and it really needed to be included in the motion. Staff had developed alternative language that tied the plan down to provide those items that .. the neighbors felt were a must, such as ~eepinq the units to the north and providing for the gopher tortoises. Mr. Kilday saId he supported staff's suggested amendment in that regard. The Mayor called for a vote of all those in favor of the motion. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. It was announced that an advertised PUblic Hearing will be held prior to the adoption of this Land Use Amendment. Mayor Moore declared a brief recess at 8:48 P.M. The meeting resumed at 9:00 P.M. H. Project Name: Agent: Owner: Location: Winchester Text Amendment Kilday & Associates Bill & Elsie Winchester Florida Gas Transmission Company Mall Corner, Inc. Ernest Klatt & Bill Winchester F. C. & Dorothy L. Mish E. J. & patricia C. Rascati Marilyn R. Davis Area bordered by Old Boynton Road on the north, Congress Avenue 011 the east, the LWDD L-24 Canal on the south and Knuth Road on the west TEXT AMENDMENT: Request to amend Area 7.f of the Future Land Use Element Support Documents to allow parcels under three (3) acre size to be zoned C-3 (Community Commercial) instead of PCD (Planned Commercial nevelopm~nt) it they meet the intent ot the PCD greenbelt standards. Description: The Planning & Zoning ~_~.~=:f thisr~~:st._ ..,'.1, Board unanimously recommended approval - 18 - , , 1;;- //I./D ~ ........., # MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1990 A vote was taken on the motion, and the motioQ carried-4-3; Vice Chairman LehQ~rtz., Mr. Howard,-. aiid-Cha-irman Rosenstock vetel1 a~aifisE-the motion. LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT 5. Project Name: Agent: Owner: Location: Legal Description: Description: Tara Oaks PUD Kilday & Associates John Lambert Van Hezewyk and Anita Louise Van Hezewyk East side of Knuth Road extended south, between the L.W.D.D. L-25 and L-26 Canals See "Addendum V" attached to the original copy of these minutes in the Office of-the City Clerk Request to amend the Future Land.Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to alloH for the construction of 192 multi-family dwelling units and a church Ms. Heyden made the presentation by reading from the P&Z Board's Memorandum No. 90-177. (See Addendum W attached to the original copy of these minutes in the office of the City Clerk.) It was the Planning Department's recommendation that the requests for Future Land Use Element amendment and rezoning be denied but that a land use density of 7.26 dU/ acre (Moderate Density Residential") be approved. If approved, the request would be subject to the staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda X through Z inclusive, Addendum AA, and the following comments: Police Department "Location of recreation area is too remote: should be moved to center of complex (Public Safety)". Forester/Horticulturist "The applicant must submit a tree survey and tree management plan in accordance with City Ordinance #81-21. All efforts should be to preserve existing trees in large open space areas, rather than replacement. - 39 - rj, .... .... ," MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1990 Applicant must prepare an enviromnental assessment of plant and animal species on site, especially to include existing gopher tortoises and scrub jay populations." For the record, Chairman Rosenstock stated the public hear- ing they held prior to these discussions encompassed all three items (Boynton Beach Boulevard pcn, Knuth Road pcn, and Tara Oaks PUD). He wanted everyone to understand THE PUBLIC HEARING WAS CLOSED. Discussion ensued about the intensity of land use. The "Applicants Response" to issues raised by the City Staff is attached to the original copy of these minutes in the Office of the City Clerk as "Addendum BB. Mr. Kilday stated the water usage was significantly reduced by the incorporation of the three projects. In response to Mrs. Greenhouse's question as to whether he could accommo- date Moderate Density, Mr. Kilday said the project was approved for 78 units with a condition that Knuth Road along the entire frontage of the property should be constructed. He stated the project could not be built and support that. Other lots would end up with their back yards against Knuth Road. In this case, the back yards will be on the lake and the driveHays \'/ill be on Knuth Road. Mr. Kilday explained how they cut costs down so they could build Knuth Road. Mr. Cannon asked whether Mr. Kilday was willing to let the City write that the basic arrangement of the land use is in the plan itself and also that the maximum building height is two stories, as indicated on the plan. Mr. Kilday answe~ed, "Yes, we are." With those conditions, Mr. Cannon said the main question would be the density created as far as planning for the water and sewer area. If they limit it to two stories and the uses on the south 1/3rd to recreational, institutional, open space, and water retention, it would take care of most of the land use conflict problems. Vice Chairman Lehnertz recalled Mrs. Rossi mentioned there is a significant populations of gopller tortoises along with associated food, and he asked her to indicate the locations on the overlay. Mrs. Rossi apprised the Members the gopher tortoises and associated food are located west of the racquet ball court and in Clipper Cove. She told Mrs. Greenhouse it would be better for them to be located on the site rather than off the site, and she informed Mr. Richter scrub habitat cannot be moved very successfully. Mrs. Rossi - 40 - .~ .. \w - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1990 explained. Mr. Kilday indicated where the scrub area occurs. He guessed the main feeding area for the tortoises was on the south side of the property. Mrs. Greenhouse wondered 'how th@ Board could make sure, if this is approved, that the Lakes of Tara people would be looking at a church and a lake as opposed to being subjected to a higher density. Mr. Cannon replied that was why he suggested to Mr. Kilday that they write into the plan the parameters of the development property as far as the build- ing height and the uses of the southern 1/3rd of the PUD. Mr. Kilday again said he had no objection to that. A woman in the audience alluded to the northern end. Mr. Kilday stated that one gentleman (Mr. Groelle) had misrepresented virtually everything he said in the meet- ings. As to the two homes to the north, he stated they will maintain a minimum 40 foot setback off our north property line. (See Addendum R attached to the original copy of these minutes.) Mr. Cannon asked Mr. Kilday \oJhether he would be willing to let the City write the buffer requirements on the north end of the Comprehensive Plan also. Mr. Kilday answered that was fine with him. Mr. Cannon explained that way, if they want to make an amendment, they will have to go back to the permitted procedure, which is not an easy process. Vice Chairman Lehnertz inquired whether some~hing could be worked into the language to edge the developer toward pre- serving the gopher tortoises on the site. By State law, Mr. Cannon said the gopher tortoises have to be relocated. Vice Chairman Lehnertz called attention to the fact it would \ be preferable to keep them on the site. Mr. Kilday had no problem with the condition that they try to preserve them on site as much as possible, subject to the limitations and restrictions of the Florida Game and Fresh Water Fish Commission. Mr. Richter moved to approve the request, subject to staff comments, and subject to the plan amendments the applicant consented to. Mr. Collins seconded the motion, and the motion carried 5-2. Mr. Howard and Vice Chairman Lehnertz voted against the motion. ~ENDMENT 6. proj~incha~ter Text Amendment Agent: Kilday &~~~ - 41 ;. \ ~/ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399 101 MARTINEZ C-- October 22, 1990 THOMAS G. PELHAM ~''''''l' The Honorable Gene Moore Mayor of Boynton Beach 100 E. Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mayor Moore: The Department has completed its review of the proposed comprehensive plan amendments (DCA No. 90-2 and 90S1) for the City of Boynton Beach, submitted on July 10 and 26, 1990. Copies of the proposed amendments have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed. , . I am enclosing the Department's Objections, Recommendations and Comments Report, issued pursuant to Rule 9J-ll.010, Florida Administrative Code. Upon receipt of this report, the City of Boynton Beach has 60 days in which to adopt the proposed amend- ments, adopt the amendments with changes, or reject the amendments. The process for adoption of amendments to local comprehensive' plans is outlined in s.163.3184, Florida statutes, and Rule 9J-11.011, Florida Administrative Code. The Objectionsr Recommen- dations and Comments Report does not include objections relating to the Stipulated Settlement Agreement amendments; however, objections have been raised on the other amendments which have been submitted. within five working days of the date of adoption, the City of Boynton Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; A signed copy of the adoption ordinance; 1lJB<:~Jr\7I A listing of additional changes not previously reviewedOCT 24 l~ PLANNING DEP EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE '~NNING ANO"MA"'l"{.t""~,,,T -._.__._--~-- .. , \ The Honorable Gene Moore October 22, 1990 Page Two A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's objections, Recommendations and Comments Report. The above amendments and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan consistency with the Comprehensive Regional Policy Plan. Please forward these documents to the regional planning council concurrent with your transmittal to the Department. Your cooper- ation is appreciated in this matter. If you have any questions, please contact Robert Pennock, Chief, Bureau of Local Planning, or Maria Abadal, Plan Review Administrator at (904) 487-4545. Sincerely, ~a~ tori Division of ~:~o~~e Planning and Management ~ RGNjtmm Enclosures: Revi~w Agency Comments cc: James J. Golden, Interim Planning Director Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council .....}1 \. . DEPARTMENT OF COMMUNITY AFFAIRS 1-./;'\ OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR BOYNTON BEACH AMENDMENTS 90-2 and 90S1 .... October 22 1990 Division o( Resource Planning and Management Bureau of Local ~Ianning Thi. repon II prepared punua.nt to Rule QJ-ll.OlO' INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the proposed comprehensive plan amendment(s) pursuant to s.163.3184, F.S. Objections (A. in the attached report) relate to specific requirements of relevant portions of Ch. 9J-5, F.A.C., and Ch. 163, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other state agencies. If there is a difference between the Department's objection and the state agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment(s) is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the plan is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment(s). If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-11.004(2) (f), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments (B. in the attached report) which follow the objections and recommendations section are advisory in nature. Comments do not represent objections and will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, ' organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. ---- -~-----~- ~ - OBJECTIONS, RECOMMENDATIONS AND COMMENTS iv}) City of Boynton Beach Amendments 90-2 and 9051 FUTURE LAND USE ELEMENT A. . OBJECTIONS Analvsis 1. 9J-S.OO6(2) (b)4. The proposed Tara Oaks Planned unit Development (PUD) map amendment of Amendment 90-2, which will increase the density from 4.84 dwelling units per to 9.68 dwelling units per acre, does not include an analysis of the site in order to determine its suitability for use based on natural resources even though an internal City memorandum (Recreation & Park Memorandum #90-278, dated June 5, 1990) states that an assessment of plant and animal species is needed for the site, and should address the existing gopher tortoise (a protected species) and scrub jay (a threatened species) populations. Another internal City memorandum (Planning Department Memorandum #90-177) states that scrub oaks, the scrub jay's habitat, are also found on the site. In addition, another internal City memorandum (Recreation & Park Memorandum #90-321, dated June 18, 1990) states that a preliminary survey of the site on June IS, 1990 revealed that are a significant number of gopher tortoise burrows existing on the site. Recommendation Include an analysis of this site in order to determine its suitability for use based on natural resources. Revise the densities to protect the existing natural resources. Alternatively, increase the amount of open space on the site to protect natural resources. 2. 9J-S.006(2) (c) The proposed Knuth Road Planned Commercial Development (PCD) , Boynton Beach peD and Tara Oaks PUD map amendments of Proposed Amendment 90-2, will change the density or intensity of land use; however, Proposed Amendment 90-2 does not include an analysis of the cumulative affect of these land use changes on the amount of land needed to accommodate the projected 1 ,~ population. In addition, the proposed map amendments are not consistent with the analysis in the adopted plan, which states that these sites should be developed at lower densities or intensities of use and that an over-allocation of commercial land exists in the city. Recommendation Include an analysis of the cumulative affect of these land use changes on the amount of land needed to accommodate the projected population. Include in the analysis how these land use changes are consistent with the analysis of future land uses in the adopted plan. Goals. Objectives and Policies 3. 9J-5.006(3) (b)1., (3) (cl3. and (4): and 9J-S.007(3) (b)2. Proposed Amendment 90-2 is not consistent with Objectives 1.3 and 2.1 and Policies 1.3.3 and 2.1.3, which commit the city to coordinating future land uses by limiting the type, intensity and location of land uses to maintain traffic circulation levels of service, because the Knuth Road peD and Boynton Beach PCD map amendments will exc~ed the traffic circulation levels of service. Recommendation Include an analysis of how the Knuth Road PCD and Boynton Beach PCD map amendments are consistent with Objectives 1.3 and 2.1 and Policies 1.3.3 and 2.1.3. Alternatively, revise the densities and intensities of the proposed map amendments to be consistent with Objectives 1.3 and 2.1 and Policies 1.3.3 and 2.1.~. 4. 9J-5.006(3) (b)4., ()) (c)6. and (4) The proposed Tara Oaks PUD map amendment of Amendment 90-2 which will allow higher density development on a site where known endangered or threatened species are found, is not consistent with Objectives 1.11 and Policies 1.11.2, which commit the city to the protection and preservation of native habitat and endangered species. Gopher tortoises (a protected species) and scrub jays (a threatened species) are known to exist on the site. In addition, an analysis of the site in order to determine its suitability for use based on natural resources has not been included. See also the objection raised for 9J-S.006(2) (b)4. 2 _/ Recommendation Include an analysis of the site in order to determine its suitability for use based on natural resources. Revise the densities to protect the existing natural resources. 5. 9J-5.006(3) (c)7. and (4) The proposed Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD map amendments of Proposed Amendment 90-2 are not consistent with Objectives 1.17 and 1.19 and Policies 1.16.4, 1.17.1, 1.17.3, 1.17.8, 1.19.5 and 1.19.6 because these amendments will change the density or intensity of land use, which commit the City to discouraging and preventing increased commercial and residential development. The proposed map amendments will increase the density or intensity of use. In addition, Proposed Amendment 90-2 is not supported by the analysis because an analysis of the cumulative affect of these land use changes on the amount of land needed to accommodate the projected population is not included. See also the objection raised for 93- 5.006(2) (c). Recommendation Include an analysis of how the proposed map amendments are consistent with Objectives 1.17 and 1.19 and Policies 1.16.4, 1.17;1, 1.17.3, 1.17.8, 1.19.5 and 1.19.6. Include an analysis to resolve the referenced objection for 9J-5.006(2) (c). B. COMMENTS None CONSERVATION ELEMENT A. OBJECTIONS Data and Analvsis 1. 93-5.013(1) (b) The proposed Tara Oaks PUD map amendment of Amendment 90-2 does not include an identification of all wildlife and species listed as endangered, threatened or species of special concern found on the site and an analysis of the potential for protection of species listed as endangered, threat~ned or species of special concern. This is a site where goph~r tortoises 3 .. \ (a protected species) and scrub jays (a threatened species) are known to exist and a significant number of gopher tortoise burrows have been found. Recommendation Include an identification of all wildlife and species listed as endangered, threatened or species of special concern found on the site and an analysis of the potential for protection of species listed as endangered, threatened or species of special concern, and in particular address gopher tortoises and scrub jays. For example, "the threatened eastern indigo snake is a commensal of the gopher tortoise and use gopher tortoise burrows as habitat. In addition to the eastern indigo snake, more than 80 other wildlife species, including the threatened scarab beetle, and species of special concern, such as the gopher frog, pine snake and burrowing owl, use gopher tortoise burrows as habitat. Goals. objectives and Policies 2. 9J-S.013(21 (b14. and (21 (c)S.. The proposed Tara Oaks PUD map amendment of Amendment 90-2 is not consistent with Objective 4.S and Policy 4.S.1, which commit the city to the protection and preservation of native habitat and endangered and threatened species, because the proposed amendment will allow higher density development on a site where gopher tortoises (a protected species) and scrub jays (a threatened species) are known to exist and a significant number of gopher tortoise burrows have been found. See also the objections raised for 9J- , . 006 ( 2) (b) 4. and 9 J - S . 013 ( 1) (b) . Recommendation Include an analysis of how the proposed map amendment is consistent with objective 4.S and Policy 4.S.1. Include an analysis to resolve the referenced objections for 9J-.006(2) (b)4. and 9J-S.013(1) (b). B. COMMENTS None STATE COMPREHENSIVE PLAN CONSISTENCY A. OBJECTIONS 4 .. -.. ( , ..,) . 1. 9J-S.021ll) Proposed Plan Amendment 90-2 does not adequately address and further the following state Comprehensive Plan goals and policies: (a) Goal 10 (Natural Systems and Recreational Lands) I Policies 1 and 3 because the Tara Oaks PUD map amendment will allow higher density development on a site where gopher tortoises and scrub jays are found and the amendment does not protect endangered and threatened species. (b) Goal 16 (Land Use), Policy 1 because the cumulative impacts of the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD does not encourage efficient development and maintain level of service standards for roadways. (c) Goal 20 (Transportation), Policy 13 because the level of service standards for roadways cannot be maintained. Recommendation Revise Plan Amendment 90-2 to be compatible with and further the above referenced state Comprehensive Plan goals and objectives. B. COMMENTS None REGIONAL POLICY PLAN CONSISTENCY A. OBJECTIONS 1. 9J-S.021l11 -.. 1.,,':\ Proposed Plan Amendment 90-2 does not adequately address and further the following Regional Policy Plan goals and policies: (a) Goal 10.2.1 (Natural Systems and Recreational Lands), Policies 10.2.1.1 and 10.2.1.2 because the Tara Oaks PUD map amendment will allow higher density development on a site where gopher tortoises and scrub jays are found and the amendment does not protect endangered and threatened species. (b) "Goal 16.1.1 (Land Use), Policy 16.1.2 because the 5 4 . . / ~~ cumulative impacts of the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD does not encourage efficient development and maintain level of service standards for roadways. Recommendation Revise Plan Amendment 90-2 to be compatible with and further the above referenced goals and objectives of the Treasure Coast Comprehensive Regional Policy Plan. B. COMMENTS None ~ ~ .. . 6 / 1 ( ~~ MINUTES CITY COMMISSIQN MEETING BOYNTON BEACH, FLORIDA / Of TOBER 2, 1995 VIII. DEVELOPMENT PLANS A. Project Name: Papa Johns....... .,. .............. ...... ....... ....... .TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17,1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA Location: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard Description: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars This item was left on the table. B. Project Name: PapaJobns........ .................................. .. ..TABLED APPLICANT REQUESTED TO BE TABLED UNTIL OCTOBER 17, 1995 Agent: Interplan Practice, Ltd. Owner: Papa Johns USA LocatiOli: Northeast comer of N.W. 7th Court and Boynton Beach Boulevard Description: Request fo_r site platl'approval to construct a 1, 142 square foot take-out pizza store on .22 acres This item was left on the table. I C. Tara Oaks Master Plan Modification ./' Kieran Kilday, the agent for this project, advis d that several issues need further clarification, such as the road, and whether it was on the an or deleted from the plan. He requested that this matter be postponed for two' weeks. rder to obtain the necessary information to resolve these issues. It was the consensus of the Commission to postpone this item until October 17, 1995. 11 MINUTES CITY COMMISSWN MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1995 IX. NEW BUSINESS AA.l Report on the Florida League of Cities Committee Meeting Mayor Pro Tem Matson reported that the Florida League of Cities held their policy comminee meetings this past Friday to prioritize their legislative policies for the coming year to presem them to the Legislative Delegation and the rest of the cities at the Legislative Conference in November. The Intergovernmental Relations Committee, of which she is a member, will support the following legislative policies: Legislation providing a constitutional amendment for the 1996 general election which will expand the parameters of the Constirutional Revision Commission (CRC), giving the CRC the full purview of the Constitution. We deal with issues that transcend local boundaries and we want to make sure that each level of government respects the goals and objectives of each entity and that we can use our own unique resources to understand and respond to concerns. Legislation that will promote all government entities, existing regional and local districts, councils, agencies, and state designated committees to have representation on local government, local boards, and state boards. The Committee feels this will prevent taxation without representation. The Committee is looking for direct participation by municipal government in designing funding formulas, methods of distribution of Federal and State funds shared with municipalities, and the development and maintenance of these intergovernmental programs. The Committee has been working on revenue sharing of State funding for municipal libraries for four years. The Committee is trying to get 10 percent of the funding that goes to the counties to be allocated to the cities. Secretary of State Sandy Mortham promised to continue to try to capture that 10 percent for the cities. The Committee is also trying to provide greater municipal access to small city CDBG funding. The Committee believes that non-entitlement cities should be entitled to funds for the purpose of financing vital community development programs. The Committee is looking for legislation that will build a more effective housing partnership between the private sector, including nonprofits and governments at the Federal, State,and local levels. The Committee is asking those entities to provide more affordable housing. Unfunded mandates are important to the Committee, but are not as high on the priority list as the CRC because the Comminee feels the CRC is a little more important. 12 ---------------------------------------------------- ---------------------------------------------------- SURFACE ~ATER MANAGEMENT CALCULATIONS for TARA OAKS 7/17/95 ----------------------------------------------------- ----------------------------------------------------- STAGE STORAGE CALCULATIONS ---------------------------- ---------------------------- 1) PROPOSED LAND USE PROJECT PHASE PHASE AREA BUILDING ROAD COVERAGE IMPERVIOUS AREA IMPERVIOUS % (ACRES) (ACRES) ( ACRES) ( ACRES) ------------- ---------- ---------- ------------- --------------- ------------ TARA OAKS 14.47 3.07 3.06 6.13 42.36% KNUTH RD. 4.66 0.00 1.63 1.63 34.99% CHURCH 0.00 0.00 0.00 0.00 ERR --------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- TOTAL 19.13 3.07 4.69 7.76 40.57% Site Area... ...... Off-site Area..... Total Area........ 19.13 acres 0.00 acres 19.13 acres Dry retention bottom c.rea........... Dry retention perimeter ei.......... Dry retention t.o.b. area........... 0.72 acres 18 ngvd 1.13 acres 8.38 Building Area..... Parking/roads Area Road swales....... Green Area........ 3.07 acres 4.69 acres 0.84 acres 7.89 acres Backyard swale bottom area.......... Backyard perimeter elevation........ Backyard swale perimeter area....... 0.02 acres 19.00 ngvd 0.68 acres 2) FLOOD AND RAINFALL CRITERIA 10 year, 1 day storm...... 9.50 nches 25 ytar, 1 0~)' SL(,lu,....... li.00 "d,cc, t',iri:",uil' load eTO.:;,."...... 100 year, 1 day storm..... 14.00 nches 100 flood elevation.... 17.00 ngvd 19.25 ngvd 3) COMPUTE SOIL STORAGE ~et season water elev...... Ave. groundwater elev...... Ave: site elevation... ..... Depth to. water table....... 8.50 ngvd 8.50 ngvd 17.00 ngvd 8.50 ft. Assuming 25% compaction, available ground storage is.. Storage available in pervious areas of the site is ... Converting to site wide moisture storage, S ..... ..... 8.18 inches 5.66 acre ft. 3.S5 inches SCS Curve number. ... ... '" 74 4) COMPUTE STAGE STORAGE Assumptions: Dry ret. stores linearly from....... Roads store linearly froll.......... Green areas store linearly frOIl..... Backyard swale stores linearly from. Roadway swale stores linearly from.. 10.50 to elevation...... 17.00 to elevation...... 17.50 to elevation...... 16.00 to elevation...... 16.00 to elevation...... 18.00 then vertically 18.70 then vertically 19.00 then vertically 19.00 then vertically 17.00 then vertically ---------------------------------------------------------- Storage (acre ft.) -------- ------------------------------------------------------.--- Stage Dry Backyard Roads & Site Dry Total Retentionswale Par ki ng Pervious retention -------- -------- -------- -------- -------- -------- -------- 10.50 0.00 0.00 0.00 0.00 0.00 0.00 11.00 0.37 0.00 0.00 0.00 0.00 0.37 11.50 0.75 0.00 0.00 0.00 0.00 0.75 12.00 1.15 0.00 0.00 0.00 0.00 1.15 12.50 1.55 0.00 0.00 0.00 0.00 1.55 13.00 1. 98 0.00 0.00 0.00 0.00 1. 98 13.50 2.41 0.00 0.00 0.00 0.00 2.41 14.00 2.86 0.00 0.00 0.00 0.00 2.86 14.50 3.33 0.00 0.00 0.00 0.00 3.33 15.50 4.29 0.00 0.00 0.00 0.00 4.29 16.00 4.80 0.00 0.00 0.00 0.00 4.80 17.00 5.85 0.13 0.00 0.00 0.42 6.39 17.50 6.39 0.28 0.34 0.00 0.84 7.85 18.00 6.95 0.48 1.38 0.66 1.25 10.72 18.50 7.51 0.73 3.10 2.63 1.67 15.65 19.00 8.08 1.04 4.51 5.92 2.09 21. 64 19.25 8.36 1.21 5.68 7 .89 2.30 25.45 19.75 8.93 1.55 8.03 11.83 2.72 33.06 5) FLOOD STAGE CRITERIA ----------------------- 100 Year 3 day Flood (zero discharge) Storage required... ..... ... 24.46 ac. ft. at elev... 19.25 ngvd Storage provided........... 25.45 ac. ft. at elev... 19.25 ngvd 10 Year 1 day Flood (zero discharge) Storage required........... 9.98 ac. ft. at elev... Storage provided........... 6.39 ac. ft. at elev... See attached flood routing 17.00 ngvd 17.00 ngvd 25 Year - 3 Day Flood See attached flood routing RETENTION I DETENTION & DISCHARGE CALCULATIONS ------------------------------------------------- ------------------------------------------------- 1) ALLOWABLE DISCHARGE For the L-26 canal Allowable discharge........ 62.6 csm or... 1.9 cfs 2)WATER QUALITY - DETENTION REQUIREMENTS a) Based on the first l' of runoff Site area................. 19.13 acres Required detention......... 1.59 acre ft. b) Based on 2.5 inches times percent impervious Site area.................. Impervious area.. ...... .... Percent impervious......... Required detention. ........ 15.32 acres (Excluding building areas & lake) 4.69 acres (Excluding building areas & lake) 30.62 % 1.17 acre ft. Applying 25% credit for dry detention Therefore the required detention is....... ... 1.20 acre ft. Corresponding stage is between...... 12.00 and...... 12.50 ngvd Interpolating gives a weir crest of. 12.06 ngvd 3) WEIR SIZING a) Weir Length Allowable discharge.... ... ........ .... 1.87 CFS. 25 year, 3 day storm : Ru noff : Volume of runoff = 16.31 in. 12.71 in. 20.26 acre ft. Corresponding stage is between...... Interpolating gives an elevation of Weir elevation will be set at.... 18.50 and...... 18.88 ngvd 12.06 ngvd Design head............... 6.82 ft. Length of weir = 0.03 ft. SA Y . .. b) V-notch bleeder 24 hour discharge......... Design head............... V-notch angle.............. Width of notch.........,... 0.77 acre ft. 1.56 ft. 14.12 degrees 0.39 feet the following criteria will be used: V-notch height.... 1.56 ft V-notch angle. .... 22.50 degrees Width of notch.... 0.62 feet V-notch invert.... 10.50 ngvd Top of bleeder .... 12.06 4) STAGE DISCHARGE CALCULATIONS Stage Storage Bleeder Weir Total -------- -------- -------- -------- --------- 10.50 0.00 0.00 0.00 0.00 11.00 0.37 0.09 0.00 0.09 11. 50 0.75 0.50 0.00 0.50 12.00 1.15 1.37 0.00 1.37 12.50 1. 55 2.28 0.00 2.28 13.00 1. 98 2.81 0.00 2.81 13.50 2.41 3.26 0.00 3.26 14.00 2.86 3.65 0.00 3.65 14.50 3.33 4.00 0.00 4.00 15.50 4.29 4.63 0.00 4.63 16.00 4.80 4.91 0.00 4.91 17.00 6.39 5.43 0.00 5.43 17.50 7.85 5.68 0.00 5.68 18.00 10.72 5.91 0.00 5.91 18.50 15.65 6.14 0.00 6.14 19.00 21.64 6.35 0.00 6.35 19.00 ngvd o .00 FT. PROGRAM NAME...~...........: SCS PROJECT NAME.......... .....: TARA OAKS ENGINEER'S NAME............: S.D.A. PROJECT AREA. ..............: 19.13 ACRES GROUND STORAGE.............: 3.55 INCHES TERMINATION DISCHARGE......: 100 CFS DISTRIBUTION TYPE..........: SFWMD RETURN FREaUENCY ......... ..: 10 YEARS RAINFALL DURATION. .........: 1 -DAY 24-HR RAINFALL...., ..... ...: 9.5 INCHES REPORTING SEQUENCE.... .....: STANDARDIZED STAGE STORAGE DISCHARGE (FT ) (AF) (CFS) 10.50 0.00 0.00 11. 00 0.37 0.09 11. 50 0.75 0.50 12.00 1.15 1.37 12.50 1.55 2.28 13.00 1. 98 2.81 13.50 2.41 3.26 14.00 2.86 3.65 14.50 3.33 4.00 15.50 4.29 4.63 16.00 4.80 4.91 17.00 6.39 5.43 17.50 7.85 5.68 18.00 10.72 5.91 18.50 15.65 6.14 19.00 21. 64 6.35 - - - - - RES E R V 0 I R - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE (HR) (IN) (IN) (CFS) ( AF) (AF) {An ( CF 5 ) ( CF S ) (FT ) 0.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 10.50 4.00 0.43 0.00 0.0 0.0 0.0 0.0 0.0 0.0 10.50 8.00 1.30 0.08 1.4 0.1 0.1 0.0 0.0 0.0 10.66 10.00 2.02 0.35 3.7 0.6 0.5 0.0 0.2 0.1 11.19 11.00 2.56 0.63 6.5 1.0 1.0 0.1 0.8 0.4 11. 67 11.50 3.03 0.92 11.3 1.5 1.4 0.1 1.6 1.2 12.12 11. 75 4.63 2.06 88.0 3.3 3.1 0.1 3.1 2.3 13.28 12.00 6.23 3.36 100.5 5.4 5.1 0.2 4.5 3.8 15.29 12.50 6.93 3.96 23.1 6.3 5.9 0.4 5.2 5.0 16.53 13.00 7.29 4.27 12.2 6.8 6.2 0.6 5.3 5.3 16.78 14.00 7.77 4.70 7.5 7.5 6.4 1.1 5.4 5.4 16.96 16.00 8.36 5.23 4.9 8.3 6.3 2.0 5.4 5.4 16.94 20.00 9.04 5.84 3.0 9.3 5.6 3.7 5.2 5.3 16.47 24.00 9.50 6.26 2.0 10.0 4.6 5.4 4.8 5.0 15.78 MAXIMUM STAGE = 16.97 FEET MAXIMUM DISCHARGE = 5.42 CFS PROGRAM NAME "... " .. .. .. . ,,: SCS PROJECT NAME... ..... .......: TARA OAKS ENGINEER'S NAME...... ......: S.D.A. PROJECT AREA........... ....: 19.13 ACRES GROUND STORAGE.... .........: 3.55 INCHES TERMINATION DISCHARGE......: 100 CFS DISTRIBUTION TyPE..........: SFWMD RETURN FREQUENCy...........: 25 YEARS RAINFALL DURATION..........: 3 -DAY 24-HR RAINFALL.............: 12 INCHES REPORTING SEQUENCE.........: STANOARDIZEO STAGE STORAGE DISCHARGE (Fi) (AF) (CFS) 10.50 0.00 0.00 11.00 0.37 0.09 11.50 0.75 0.50 12.00 1.15 1.37 12.50 1. 55 2.28 13.00 1. 98 2.81 13.50 2.41 3.26 14.00 2.86 3.65 14.50 3.33 4.00 15.50 4.29 4.63 16.00 4.80 4 .91 17.00 6.39 5.43 17.50 7.85 5.68 18.00 10.72 5.91 18.50 15.65 6.14 19.00 21.64 6.35 - - - - - RES E R V 0 I R - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE (HR) (IN) (IN) (CFS) (AF) ( AF) ( AF) ( CF S ) (CFS) ( FT) 0.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 10. SO 4.00 0.29 0.00 0.0 0.0 0.0 0.0 0.0 0.0 10.50 8.00 0.58 0.00 0.0 0.0 0.0 0.0 0.0 0.0 10.50 12.00 0.88 0.01 0.1 0.0 0.0 0.0 0.0 0.0 10.51 16.00 1.17 0.05 0.3 0.1 0.1 0.0 0.0 0.0 10.60 20.00 1.46 0.13 0.4 0.2 0.2 0.0 0.0 0.0 10.76 24.00 1. 75 0.24 0.6 0.4 0.3 0.0 0.1 0.1 10.95 28.00 2.18 0.43 1.0 0.7 0.6 0.1 0.3 0.2 11.27 32.00 2.60 0.66 1.2 1.1 0.8 0.2 0.6 0.4 11.56 36.00 3.03 0.92 1.3 1.5 1.0 0.5 0.9 0.8 11.75 40.00 3.46 1.20 1.4 1.9 1.1 0.8 1.1 1.0 11.87 44.00 3.88 1.50 1.5 2.4 1.1 1.3 1.3 1.2 11.96 48.00 4.31 1.81 1.5 2.9 1.2 1.7 1.4 1.4 12.02 52.00 4.85 2.23 2.5 3.6 1.3 2.2 1.7 1.5 12.20 56.00 5.95 3.13 5.8 5.0 2.0 3.0 2.8 2.2 12.99 - - - - - RES E R V 0 I R - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE (HR) (IN) (IN) (CFS) ( AF) ( AF) ( AF) (CFS) ( CFS ) ( FT) 58.00 6.86 3.90 8.8 6.2 2.8 3.5 3.5 3.1 13.78 59.00 7.54 4.49 13.0 7.2 3.4 3.8 3.9 3.7 14.41 59.50 8.14 5.02 20.7 8.0 4.1 3.9 4.3 4.1 15.04 59.75 10.16 6.87 142.2 10.9 6.9 4.0 5.1 4.7 16.40 60.00 12.18 8.76 145.9 14.0 9.8 4.2 5.7 5.4 17.58 60.50 13.06 9.59 32.1 15.3 10.9 4.4 5.9 5.8 17.97 61.00 13.51 10.02 16.8 16.0 11.3 4.6 5.9 5.9 18.05 62.00 14.12 10.61 10.2 16.9 11.8 5.1 6.0 5.9 18.10 64.00 14.87 11.32 6.7 18.0 11.9 6.1 6.0 6.0 18.12 68.00 15.73 12.15 4.0 19.4 11. 3 8.1 5.9 5.9 18.05 72.00 16.31 12.71 2.7 20.3 10.2 10.0 5.9 5.9 17.91 MAXIMUM 5TAGE = 18.12 FEET MAXIMUM DISCHARGE = 5.96 CFS ~ MINUTES - CITY COMMISSION . ....aIt~ BOYNTON BEACH. flORIDA 6 'JLAsrttv. r~~~ ~ TVI ,'_ (oP~ , . {~IL-'\ l>>~ ~ APRIL 18. 1995 '. ,A l ~t'PI"", I cP j trut!'~' f~P~ q~' to 260 feet north of Woolbright Road and provide a median cut on S.W. 8th Street for the relocated driveway City Manager Parker advised that staff recommended keeping this item on the table since an agreement has not yet been finalized. Tara Oaks PUD - TABLED Kieran Kilday Northeast corner of Knuth Road extended and Woolbright Road T'.. 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 tbl 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- - 22 - MINUTES - CITY COMMISSIOh AEETING BOYNTON BEACH. FLORIDA APRIL 18. 1995 of-way and that clearing has taken place. Penm1ts were issued from the Lake Worth Drainage District to install a culvert crossing at the south end of the property. The culvert crossing is now place. Road construction funds were placed in escrow to allow for the first phase of Knuth Road to be constructed alongside the site for the proposed church. In fact, the site of the church was sold to a church who intends to build a church on that property. Mr. Kilday stated that the owner did as much as he could without having a residential 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 withtn the next four months, assuming a time extension is approved. Mr. Kilday stated that significant negotiations were made with the surrounding developments. Based upon the approval in place, there is an existing 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 portion 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, which in previous plans was going to extend to Knuth Road, be tenminated at this 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 - 23 - MINUTES - CITY COMMI$S. .f 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 twking the time to meet with the homeowners before appearing before the Commission. 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 affinmat1vely. 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 asked him 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 conjunt1on with the sale of the property to Pu1te Homes, that a master plan modification will be offered to the City. Mr. Kilday answered affinmative1y 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 - 24 - .~~~.......,.,..:",,,,...~ MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, flORIDA APRIL 18, 1995 expire, an application must be submitted to the Planning and Zoning Department. 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. - 25 - MINUTES - CITY COIItI~_.JN IETING 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 extension would be nine months. He would like to 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 dtfftcult to lay it out. A buyer was ftnally 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 butlt 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 ftrst 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 community 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. - 26 - MINUTES - CITY COtIf lION MEETING BOYNTON BEACH. FlORluA 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 1n 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 allowe~ 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 from 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 - TASLED Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Tt.. Extenston: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that the Planning and Development Board wanted addressed. Description: 4. Project: Agent: Location: Boynton Beach Boulevard PCD - TABLED Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Ttme Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that the Planning and Development Board wanted addressed. Description: - 27 - -- ~ ~ --~-~--_....~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA -, ., ~1'- fi1!6+t.r- r~,.; '~~l?ICl)fl~.u 1ie..fJ ()~ r5 JUNE 19, 1990 fi1P/.1o .J. Cj S -oD1 Description: southwest corner LAND USE ELEMENT AMENDMENT/REZONING/ TEXT AMENDMENT: Request to show annexed land ae "looal Retail Commercial" land use and to rezone from AR (Agricultural Residential) in Palm Beach County to PCD (Planned Commercial Development), to allow for the construction of a 120,OOO sq. ft. shopping center. Jim Golden, Senior Planner stated items E. and F. would be presented together as their issues are similar. The Planning & Zoning Board had voted to approve items E. and F. That approval was subject to staff comments and continued negotiation of the developer's agreement ~iith the affected property owners. Staff recommended denial, the basis of which was outlined in the staff report. Mr. Golden explained the specific reasons for staff's recommendation for denial. The County had pro- vided comments which had been provided to the City Manager. Description: Tara Oaks PUD Kilday & Associates John Lambert Van Hezewyk & Anita Louise Van Hezewyk East side of Knuth Road extended south, between the LWnD L-25 and L-26 Canals bAND USE ELEMENT AMENDMENT/REZONING: Request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from pun w/LUI=4 to pun w/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church. G. project Name: Agent: Owner: Location: Mr. Golden proceeded to address the Tara Oaks PUD project. This residential project is somewhat related to the Boynton Beach Blvd. PCD and Knuth Road PCD projects. Mr. Kieran Kilday of Kilday & Associates stated at the beginning of his presentation he would address general issues which would carryover to all three projects. These are different pro- jects, however, and should be considered separately. Mr. Golden explained the Planning & Zoning Board voted to approve this request, subject to staff comments and the Comprehensive Plan Amendment which incorporate the con- - 5 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 ditions of approval to mitigate the impacts. Staff recom- mended approval, but with a lower land use category, namely, moderate density residential instead of medium density which had been requested by the applicant. Correspondence had been received from the County T~~~fic Engineer, which indicated the ~fic Study-dld comply with the County Ordinance. Reference was made to a memorandum prepared by the City Forester which addressed the gopher tortoise issue, of which a significant population exists on the site. The question had been raised as to whether these should be preserved on the site or relocated. Mr. Golden noted no site existed for relocation of the population. Vice Mayor Wi sche asked why the Commission \-las just being advised of the gopher tortoise situation. Mr. Golden responded the Comprehensive Plan required the developer to hire a consultant to do an environmental analysis, including endangered species. This is done prior to development and hasn't taken place in this instance yet. Staff will generally do a preliminary reconnaissance even though they do not have full expertise on staff to do these studies. Mr. Golden didn't recall this coming up when the original PUD was approved. Discussion ensued. City Manager Miller pointed out the environmental concerns have to be met before developmental orders can be issued by the City. To have a developer undertake studies at his own expense prior to the site plan process can end up being a heavy cost as well as b~rden the whole process. Mr. Cannon remarked discussion had taken place with the applicant and he felt they had arrived at a way to allow for preservation of the population on the site. Discussion took place about the difference between moderate and medium density for the project. Relative to calculation of the density, Mr. Golden stated it would be 9.68 for the entire PUD \lhich would include the church site and the water tracts south of S.W. Congress Blvd. The actual density, since they are putting all the units north of S.W. Congress Blvd. would be higher. Mr. Kieran Kilday proceeded to address the locations of items E., F. and G. He produced numerous maps of .the area and stated they were in the process of consolidating the parcels to bring them into the City in the next few months. He pointed out where one of the parcels was wrapped by existing City boundaries. Another parcel abutts City pro- perty on its east line. As such, these parcels normally would be annexed when they came in for any sort of water service agreement. - 6 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Kilday made available a synopsis of each project which provided the response the developer had produced on the Planning concerns of staff. A fact sheet on the projected tax revenues was also made available as well as information on employment estimates. Also provided was an updated, exe- cuted agreement between Stonehaven Homeowners Association and Messrs. Winchester and Schroeder. Between I07 and 109 property owners had signed in support of this agreement. It was noted that all three of the projects abutt Stonehedge PUD or Banyan Creek. Mr. Kilday referred to an effort to provide mitigation where the projects would abutt those residential developments. He stated the conditions offered in the executed agreement were being offered as conditions of any approval at this meeting. Not only would they be between the two parties but Mr. Kilday stated they would have the force of the City. , i Remarks were made about Stonehaven Drive. The residents currently have a problem related to one existing shortcut which exists to avoid the intersection. Up until the current time, the Fire and rescue services had said it's good to have an alternative. In the agreement, the deve- loper \Jas agreeing to build all of Knuth Rd. from where it terminates to Woolbright Rd. Once this is done, there is no good reason for people to be cutting through neighborhoods. Based on this, the homeowners were interested in privitizing their roads. Mr. Kilday proceeded to.make specific comments on the three individual projects: Boynton Beach Boulevard PCD In laying out the site, the main concern was that the acti- vity areas, signage and lights all be toward the intersection which is already commercialized. In doing that, service ends up at the rear of the buildings. To accommodate that, Mr. Kilday stated they tried to keep the buildings away from certain areas as well as provided signi- ficant buffered areas. The buffered areas would be a mini- mum of 25' wide. Within that space, a 4' high berm would be built up with a 6' wall on top of the berm. If the deve- loper can obtain appropriate approval, they had agreed to put barbed wire on the back wall. They had agreed to pro- vide a landscape program, including a street scape program on both sides of the project. Mr. Kilday stated they would provide an access easement to provide access to the Post Office. Mayor Moore requested input from the public. - 7 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Mr. Roger Bennett, President of Stonehaven Homeowners Assoc. stated 109 of the 166 homeowners in his development were in favor of the three projects as presented and as a whole agreement. He referred to efforts made to mitigate impact. By supporting these projects, Mr. Bennett felt the residents had a chance to control what is around their community. Remarks were made about the zoning and negative possibili- ties that Mr. Bennett felt existed if this were not approved. Other remarks were made by Mr. Bennett about pri- vitization and traffic problems which have existed. Mr. Bennett polled the Commissioners on how they individually felt about the privitization. Most of the Commissioners responded favorably, so long as the Fire and Police Depts. accessibility and safety concerns were met. Discussion took place among the Commissioners on how to organize the input from the public and time limits on speaking. It was noted on each of the three projects, a total of 30 minutes would be allowed. This would include 10 minutes for the developer's presentation, ten minutes for those in favor to speak and ten minutes for those in opposi- tion to speak. Cormac Conahan, representing Boynton JCP, owners of the Boynton Beach Mall produced a letter expressing objection to all three amendments. He stated they would address this topic again when the projects come back for another hearing, after DCA review. Mr. Conahan didn1t think this was before the Commission in a timely fashion. He felt traffic impacts in certain intersections do not support the proposal at this time and it was inconsistent with the Comprehensive Plan, as well as County and State provisions. He referred to other development which is way ahead of this in terms of already approved projects, which will impact the traffic issues. Mr. W. Mark Barry, Vice President of North American Acquisition Corp. addressed the Commission. He stated they were an investment company and were the owners of the Boynton Plaza which is the publix shopping center at the corner of Boynton Beach Blvd. and Congress Ave. Mr. Barry was in opposition to Agenda items E. and F. (the two shopping centers). He felt additional retail development would bring hardship to existing tenants of shopping centers in the area. He referred to an over supply of retail space and vacancy rates. Comments were made about excess retail development impairing future development in the community, including the redevelopment of the downtown area. Barbara Alterman, Assistant Palm Beach County Attorney stated she didn't intend to speak for or against the appli- - 8 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 cations but she needed to bring something to the Commission's attention. The Municipal Implementation Ordinance was adopted by the Board of County Commissioners on February 1, 1990. That Ordinance requires that any application must be complete prior to February 1, 1990, in order for a project to be considered exempt from the 1990 Traffic Performance Standards. Based on the County's understanding, the application for this project may not have been complete prior to February 1, 1990. Therefore, the two shopping center projects would not be considered "previous approval" and would be subject to the 1990 Traffic Performance Standards. Mayor Moore asked Tim Cannon, Interim Planning Director if this application had been filed timely. Mr. Cannon responded they were filed timely. The question is how you define complete. The~ found the applications to be substan- tially complete and went ahead and started processing. They did make a list of items that were missing. The applicant and County were provided with that list. Mr. Cannon stated in their judqement, the applications were complete enough to start processing them. They considered them to be complete. Ms. Alterman noted nothing had been submitted officially yet to Palm Beach County. At such time as the City approved a development order on these projects, the City was required under the Ordinance to submit to the County a previous approval determination, if so desired. Then the County had a certain amount of time to evaluate and determine ~lhether it agreed with the dete~mination or if they wished to challenge it. Ms. Alterman had spoken to Mr. Kilday who had indicated the developer really couldn't take a 30 day post- ponement. The County requested a condition be added to any development order the City might approve, that would state if not found to be a previous approval, the developer would have to meet the traffic performance standards for 1990. The Mayor asked if the County arbitrarily and unilaterally makes that decision. Ms. Alterman replied they do not. She stated, according to the Ordinance, guidelines are set forth and if necessary, there could be a challenge. Discussion took place on the definition of complete as defined in the Ordinance. Ms. Alterman was present to alert the Commission to the fact that there was information which indicated the applications may not have been complete in time. They \iere not making that determination at this point. She asked the Commission to consider that when they were considering approval. Mr. Phil Leslie, President of COBRA didn't feel these plans conformed with the City or County Comprehensive Plans, nor - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 COBRA's recommended growth control. He stated there was no need for these projects as the Boynton Beach Mall was just a short distance away and there were numerous other shopping centers in the area. Remarks were made about negative impacts on residential areas such as increased traffic, noise, litter, etc. Mr. Leslie referred to some nearby residents expressing support for these projects and the fact that the developer was willing to spend a considerable amount of money doing certain things for those subdivisions. THE PUBLIC HEARING WAS CONCLUDED on Boynton Beach Blvd. PCD. It was announced that an advertised Publio Hearing will be held after the land use amendment is reviewed by the DCA. Discussion took place with Mr. Kilday about the applications having been submitted prior to February I, 1990 and Mr. Kilday remarked they were deemed to have been complete applications. Mr. Kilday referred to a lag in time in the City getting its concurrency ordinance and the County sub- sequently not receiving an important list of projects from the City. Commissioner Olenik asked if the Commission approved this project, would they be placing the Sears project further in jeopardy relative to the Traffic Performance Standards Ordinance enacted February I, 19907 He noted the Regional Planning Council had objected to the project based on traf- fic impacts. The City was taking the matter to the Governor and his cabinet for an appeal. He asked how County staff would perceive this. M~. Alterman did not believe any approval on this project would affect the DRI project. She repeated if this is a complete application, the 1990 stan- dards would not apply to it. If it was not a complete application, these projects would have to comply with the new standards. It would not affect the DRI in any way. Ms. Alterman understood the application had been filed on January 31, 1990. The Ordinance went into effect the next day. She thought there was certain scrutiny that goes on and she stated there had been indications from staff on both sides that there may be some problems with the application. In response to a question raised, Mr. Cannon noted if the application was found to not have been completed in a timely fashion, and they had to adhere to the 1990 standards, this would mean the developer would have to make additional improvements to some of the roadway links or possibly reduce the square footage of the projects. Mayor Moore was concerned that the County was raising this issue so late in the process. Ms. Alterman referred to the contents of a June 5, 1990 letter to Jim Golden from Allen Enis, Traffic Engineer for Palm Beach County which raised - 10 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 greater project. Hp. referred to a single project or unified architectural theme. Their planning was to hold a pre- application conference by mid-July for Treasure Coast. Application would be made shortly thereafter. Mr. Kilday remarked the developer had no problem with restricting the auto service use from both of the subject sites. Discussion ensued among the Commissioners. Commissioner Weiner thought if these projects were approved, it would have a negative impact on downtown redevelopment. Motions on Boynton Beach Blvd. PCD In connection with Item E., the Boynton Beach Blvd. PCD, Commissioner Olenik moved to approve the Land Use Element Amendment to show the annexed land from Agriculture Residential to PCD. Vice Mayor Wische seconded the motion. It was noted the PCD will still have to come back before the Commission for Site Plan approval. A comment was made about the possibility of this being approved and then the owner selling the land. If this were to occur, the benefits to Banyan Creek might not take place. Mr. Kilday responded this was addressed in the agreement and he had asked that these conditions be placed in the zoning so it would automa- tically bind any future owner to those same agreements. Mr. Kilday read out loud the exact language which would run with the land. City Attorney Cherof noted the City was not a party to this agreement between the developer and the adjoining subdivisions.. Mayor Moore called for a vote on the motion. The motion carried 4-1. Commissioner Weiner voted against the motion. A few minutes later Commissioner Weiner stated she wiShed to change her vote. The final vote on this motion was there- fore 5-0. Commissioner Olenik moved to rezone the parcel known as Boynton Beach Blvd. PCD from Agriculture Residential in Palm Beach County to PCD within Boynton Beach. The motion was subject to staff comments and representations made by the developer. Vice Mayor Wische seconded the motion. The motion carried 5-0. Commissioner Weiner later stated she wiShed to change her vote. The final vote on this motion was therefore 4-1. Commissioner Olenik moved to amend the text of the Boynton Beach Comprehensive Plan pursuant to Planning Dept. Memorandum No. 90-157. This was with the exception that exterior mechanical equipment may be ground mounted. The motion was seconded and carried 4-1. Commissioner Weiner voted against the motion. - 13 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 units. Remarks were made about walls to be constructed to ~uffeL the property on the northside-.of the canal area. Additional landscape berming and an expanded setback of 40' were pointed out. There will be no units abutting the sales project to the south. Knuth Rd. will be made to connect It 'f.' between the canal and Woolbright Rd. ,/' Mr. Kilday pointed out alterations made to the plan since it was approved by the Planning & Zoning Board~ Commissioner Olenik asked if staff had a problem with making Congress Blvd. a cul-de-sac westward. Mr. Cannon noted he had not ..en this plan. He had been prepared to suggest they dedicate the right-of-way and only be required to build it as a cul-de-sac. In the future, if the City chose, they could build it through. In viewing the plans, Mr. Cannon noted that would not be possible. Mr. Cannon stated it ~ppeared if habitat was provided for the tortoises, they wouldn't get S.W. Congress Ave. The TRB had not reviewed the cul-de-sac issue yet. Mr. Cannon remarked the net den- sity on this project was about IS to 17 units per acre. Discussion ensued. \ ' " ~ , , Mayor Moore asked if there was any input from the public. Tom Marshall, 17 Tara Lakes Drive East, Boynton Beach, President of the Tara Lakes Homeowners Association spoke in opposition to the proposed increase in density. He thought this would probably result in rental property which he thought would negatively impact surrounding properties. Approval of medium density would be granting a special pri- vilege to the developer in view of surrounding densities and would go against the Comprehensive Plan. A petition was presented with signatures of 55 homeowners in opposition to Tara Oaks PUD. If the Commission decided to approve this project despite objections raised by Tara Lakes, Mr. Marshall stated three conditions should be made. I) Southwest Congress Blvd. should be terminated with a cul-de-sac. 2) No dwelling units should be constructed south of the north edge of S.W. Congress Blvd. 3) Lakes of Tara should be able to provide input and approve the landscaping plans immediately adjacent to the Lakes of Tara community. Mr. Marshall thought Mr. Kilday kept diverting attention back to gratuities to be provided. The real sentiment of the public in opposition, in his opinion, was being buried. Mr. Marshall stated his homeowners association desired low density for that site. Further discussion ensued about densities. Staff was recom- mending this be retained at moderate levels. Mr. Cannon - IS - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 ~ stated there were also some amendments to the Comprehensive Plan that the applicant had consented to and it-was recom- mended they be conditions of approval as well. Staff's recommendation would provide for only 146 units per acre as opposed to 192. Pe99X Lewis Field, 1828 Edgewater Drive, Boynton Beach stated she was a new homeowner in this area. She felt the Planning & Zoning Board had granted this developer special privilege rather than making the developer comply with the rules. She asked why have advice from staff if their recom- mendations are to be disregarded. She stated it gave the appearance that minds are made up before the meetings take place. Ms. Field referred to wetlands on the property. The Dept. of Natural Resources requires all properties over one half acre must have a permit to destroy wetlands prior to development. She also understood that according to long- time residents in the area, there was hazardous waste on the property. Commissioner Olenik asked that the Commission direct staff to follow up on this the next day. He urged the press to be cautious about printing unsubstantiated sta- tements. Ms. Field stated she had not verified the claim. Ms. Fields thought the developer should be required to put sufficient funds in escrow to ensure privitization of Stonehaven PUD and protection of endangered species on the p'roperty. Stella Rossi, 625 Whispering Pines Road, Boynton Beach spoke on behalf of the Coalition for Wilderness Islands. In con- nection with relocation of the gopher tortoises, Mrs. Rossi explained that prior development in the County had used up the supply of relocations sites. When the time limit to speak had expired, Commissioner Olenik and Commissioner Weiner wished to allow Mrs. Rossi to finish. Commissioner Olenik understood individuals were to be given three minutes. The Commission this evening had allowed ten minutes for each side but Commissioner Olenik thought really at a PUblic Hearing any interested person should be given three minutes to speak. There was discussion among the Commissioners and Mrs. Rossi was allowed a total of three minutes to speak. The Mayor requested a copy of the speaking policy be put before the Commission once and for all because he thought it kept changing at the whim of the Commission. Mrs. Rossi continued and stated moving species and their food source had become very costly and had not proven suc- cessful in the past. She realized there was a need for homes. She also felt development should be done in a manner - 16 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 that preserved open space and ecosystems. This would pro- duce a better quality project for the welfare of the species and the humans. Both objectives could be accomplished with some of the conditions that had been discussed. Mrs. Rossi recommended on-site preservation. THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved that the Tara Oaks PUD request to amend the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Medium Density Residential" and to rezone from PUD w/LUI=4 to PUD W/LUI=5 to allow for the construction of 192 multi-family dwelling units and a church be denied. The motion died for lack of a second. Discussion took place. Mr. Kilday stated if he could agree to moderate density, he would. The reason they came in at medium density was related to the construction of Knuth Rd. Mr. Kilday remarked the density had been moved to the northern part of the site and there would virtually be no density to the south. He needed the medium density in order to provide the requirements desired. He couldn't go any lower on the density. . , .' . Relative to the road impact fees to be received on the two PCD projects, Vincent Finizio, Administrative Coordinator of Inspection & Engineering explained why those fees could not be used to construct Knuth Road. City Manager Miller noted there were other existi~g projects of higher priority. Mr. Finizio stated when Tara Oaks said they agreed to build Knuth Rd., based upon the statement put on their plans, they would also be agreeing to comply with the County Engineer's requirement to improve other links through road impact fees. Other technical remarks were made about the roadways. Two canal crossings, at the developer's expense, are also involved in this project. Mr. Kilday stated the developer's whole stipulation pre- sented was based on being able to do all three projects and having each of the projects pick up some of the costs. Mayor Moore asked if the developer had protection if something broke down on one of the three projects, where they wouldn't be annexed with a zoning classification where they could develop the property. Mr. Kilday stated Tara Oaks was in the City. If they couldn't come to a final agreement on the other two projects, then they would use the County plan which is heavier commercial. - 17 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 19, 1990 Motion on Tara Oaks PUD Vice Mayor Wische moved to approve the Land Use Element Amendment/Rezoning request to amend the Future Land Use Element of the Comprehensive Plan from IILow Density Residentia111 to "Medium Density Residentialll and to rezone from PUD w/LUI=4 to PUD w/LUI=5 to allow for the construc- tion of 192 multi-family dwelling units and a church. Commissioner Artis seconded the motion. Mr. Kilday explained the proposed church will be on the corner of Woolbright Rd. and Knuth Rd. Mr. Kilday stated language had been agreed to and it really needed to be included in the motion. Staff'had developed alternative language that tied the plan down to provide those items that the neighbors felt were a must, such as keeping the units to the north and providing for the gopher tortoises. Mr. Kilday said he supported staff's suggested amendment in that regard. The Mayor called for a vote of all those in favor of the motion. The motion carried 3-2. Commissioner Weiner and Commissioner Olenik voted against the motion. It was announced that an advertised Public Hearing will be held prior to the adoption of this Land Use Amendment. Mayor Moore declared a brief recess at 8:48 P.M. The meeting resumed at 9:00 P.M. H. Project Name: Agent: Owner: Location: Description: . Winchester Text Amendment Kilday & Associates Bill & Elsie Winchester Florida Gas Transmission Company Mall Corner, Inc. Ernest Klatt & Bill Winchester F. C. & Dorothy L. Mish E. J. & Patricia C. Rascati Marilyn R. Davis Area bordered by Old Boynton Road on the north, Congress Avenue on the east, the LWDD L-24 Canal on the south. and Knuth Road on the west TEXT AMENDMENT: Request to amend Area 7.f of the Future Land Use Element Support Documents to allow parcels under three (3) acre size to be zoned C-3 (Community Commercial) instead of peD (Planned Commercial Development) if they meet the intent of the PCD greenbelt standards. The Planning & Zoning Board unanimously recommended approval of this request. - 18 - .. ., i .. :; .. ~r f= ii x . c . . 'II c; I 'IIJI1"i!IIIIIIU'.' Iii . III 11'111',1: "II~! ~ i Illhlli':i1ih 1,liil If' I Iii Ili:j;f~III'I;1 · 'IIJ i I'" "I'll I Iii n~!"11111 'ii, !11,11;:I'dll, 11=11 !:,',':;I! :Ji," ",'11: .' ,'III' , '1ri H... ,d;. I.." .. :1'1',' ili 11111111 + I; , II' '''''f' II ' . .;ii. r l,1' lIt Ii I ill , (,II!II II dll, hi. ~.I J ,,, Ill' 1.1' I ~ . :~f .".. .n I I I 111~1'11 '" _s. :.' Je';:. Ig . ql U~ ~~i dl' '1' IfIll, II il.. ,~.1 ~JIIIIJJIIIlII.'lI , 1 ~ .' a · l: II Jt Z ~a~ 7' . : III I II' · tt,' I ' ') It. =t.i ' I I 11~"rl ! :~. !: if If"r : ! :i i I I~ IfjJi f I iI !llfr 'i I! hilt J I ~I dll~ 1 Ii I"" . . Ihi ri t J ,g c. J I -1 - J11I!lI'UH !11m ; ,. . S !i f I - , I I , I .. · i II GIE:;iEEldl. t ttttttt EEl IIICIIl " I is;, i h it IS ,II: , , , ~ '1 ~. Ii IS i l'IIIIIIJII}lItl I liU Iii I.' I I I ",JI N . j r i ,. 'I" , · ., I I I " Is n;' .. . I .; ~ r rm:: ~ ~J!)r r i n ,m' .. II i I : i , en' . . 'I -'. i I d ~'-0 ~~_ ~~ ~. ~ '<'- ~ ~ ~ ~ ~ 1S::- ("":) ~ ~ .~ -e- ~ ,. r..r ~ ~ _ v- ~ 't... -.:;:) - ~ ~ _.-Sl 'G ~ rJ' ~. if _ -;>'\.) ~- , . ~ <:\' 2- -s;> ~ Q ~~~ '""" ~ ~ (J ~~~~~~ _ -~ 1:... ~ -.. '-"1- d - C ~ ~ 0 -:;;- ~(;~~......~ _ ,,- '01- ,.... ~ _ _ V' ~_ '^- ~r'" 1..1 ~ ~ ~ ~ ~ ....., ~ -d C V '" ~, -0 ..~- .or.. I :::. ~ I ... . .. . ... !.u 5 · .. ..;, .. " ..., .. . r. ..~ ..e ..!" ... ... ... ... ... -c-JC .,. .. "'... ,.. ~=:;: i: - ... ."""1 - ... a !!I' ....i.. :: t' ; ...... .. .....1\ ~5: .. .... ..... e. ..... .... ... ... ... II ;:f::! 2 ,. .;=:: ~ :::.. D I ........ S ,L":rS! J =r-=- In 1 .g,~= ~ - &:. . . . =- g , ... ....... ....." aa .. .. I ... .. .- ... .. ~ . " ~ ;f:!' ;J :~:!' ~ ::...... 3 :::.:tl Ii I.. n ". :"':=:' ~ ... o. ._ n~ ,...,.. m . ..: !Jl ;:::ll c- w.. .. W' .. .... . .. ' .... ~ .. . ... I , ;:r:::f a I ~1 =: = C -" ~ ...0 Z If =-i. ; :. r c J: 1 ...... ctne.. .... . . ". ... ..- ~ ..e.. w. I:: .. .. -. ,.. ..." . ".01' ="...=~ ..::r II . III........ I' . ~.l.:.c" . :::r.I:I' =6:::~ , ~!'I I .. .. .. . :; Ii: ... . AGREEMENT This Agreement entered into this ,a"~day of June, 1990, by and between STONEHAVEH HOMEOWNERS AS~ixoN, INC., a Florida corporation ("Association") and BILL R. WINCHESTER ("Winchester") and MICHAEL A. SCHROEDER, TRUSTEE ("Schroeder"). WHEREAS, there are currently pending 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 PCO" and "Knuth Road PCD" and an application for Future Land Use Element Amendment from "Low Density Residential" to "Medium Density Residential" and rezoning from PUD with a Land Use Intensity of four (4) to PUD with a Lanp Use Intensity of five ($) to allow for 'the oonstruetion ot 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 "Boynton Beach Boulevard PCD" 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 PUD" 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 Knuth 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 of Boynton Beach, Florida and is the Contract Purchaser of the property which is the subject of the Tara Oaks PUD application; and WHEREAS, Association represents the property owners within the residential development known as "Stpnehaven PUD" 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 majority of 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 PCD" as high density residential and to the development of the property which is the subject of the "Knuth Road PCD" property as moderate density residential as contemplated by the current Comprehensive Plan; and WHEREAS, Association wishes to evidence its support for the approval of the application with respect to "Boynton Beach Boulevard peD", "Knuth Road PCD", and "Tara Oak. PUD" provided the Applioan~ wl~h respeot to each of same agrees to assure the Association that such Applicant will, subject to the terms' and conditions set forth below, cause certain improvements (described 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 condi tions set forth below, cause such improvements to be made. ' NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: I. "Bovnton Beach Boulevard PCD". 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 wi th the development of the property which is the subject of the Boynton Beach Boulevard PCD 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. Buffer shall include: (a) Four (4) foot high berm; (b) Six (6) foot high masonry wall located in the center of the buffer; (c) Barbed wire barrier on top of the wall subject 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) feet in height at time of planting, located on thirty (30) foot 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) Maintenance of the wall, berm, and landscaping on both sides of the wall shall remain the obligation of the developer/owner. (3) All Australian pines within fifty (50) feet of the Stonehaven PUD property I ine along Banyan Creek Circle North and within the southernmost ten (10) acres of the Boynton Beach Boulevard PCD shall be removed by the developer/owner upon initial approval of the application by the City Commissioners of Boynton Beach, Florida. (4) Entry into and maintenance in effect of a contract to provide continuous rodent and pest control, such contract to be entered into prior to commencement 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 25 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 shopping 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 Commission, City of Boynton Beach, Florida. B. In consideration of the foregoing promises, the Association endorses the "Boynton Beach Boulevard PCD" application and requests that the members of the City Planning and Zoning Board and City Commission approve it. II. "Knuth Road PCD". 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 arrangements in connection with the development of the property which is the subject of the Knuth Road PCD application: (1) A six (6) foot masonry wall shall be built -3- , adjacent to the east right-of-way line of Knuth Road from Stonehaven PUD's north property line (adjacent to office building) south along the north right-of-way line of the LWDD L- 25. The Association agrees to assist the developer in obtaining approval to include this wall section in the development plans for Knuth Road PUD subject to appropriate impact 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 PUD and to accommodate lo.cation of guard gates. [See II.A.(4) (c) below.] (2) The Knuth Road PCD property owner shall be required to provide maintenance for said walls for five (5) years. (3) Construction of the wall shall occur simultaneously with site preparation and prior to the commencement of construction of any buildings. (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 Ci ty of Boynton Beach, Florida, of Stonehaven Drive from Kn~th Road to LWDD L-25 to secure the safety, well being and property values of the residents of Stonehaven PUD. These applications will commence 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 c6mmencement of construction of any buildings and (which will not be subj 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 extending from the east right-of-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 the north right- of-way line of LWDD L-25 from a point parallel with the east 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 section III below and will be the obligation of "Tara Oaks PUD". 3 . Construction of an identical wall extended fro~ 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 suitable 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 will 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. FunQ.s 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 PCD property owner. (5) Installation of a traffic light in accordance wi th 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 members of the city Planning and Zoning Board and city commission approve it. III. "Tara Oaks PUD". A. Winchester agrees that, provided the requisite final government approvals for the Tara Oaks PUD application are -5- 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 Tara Oaks PUD 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 "Tara Oaks PUDII. It is the intent that his wall section connect with the stipulated wall section contained in the conditions of "Knuth Road PUD". This wall shall be landscaped in the same manner as the wall in II-A-(4)-(b)-4 and developer agrees to provide maintenance for said wall for five (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 landscaping 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) foot centers. Tree location 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 endorses the "Tara Oaks PUD" application C),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. Winchester and Schroeder agree to pay reasonable attorneys' fees incurred by the Association for its law firm to review this 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 subj ect 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- thereafter so long as that person or entity shall have an ownership interest in the property . Neither Winchester nor Schroeder shall 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 sUbjeot of the Boynton Beach BOUlevard PCD, the Knuth Road PCD 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 binding 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 maae, the improvements or arrangements provided tor 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. (Winchester\Stonel.Agm\06/19/90) -7- .r~ .., ".,' < ~:~tt ~J~~: iI .' ,-", \ - ,qQ, 0' q/ ,/< -:il::~ LIST OF FINDINGS WHICH PROVIDE BASIS FOR ADOPTION OF PROPOSED AMENDMENTS (RESPONSE TO ORC REPORT - AMENDMENTS 90-2 'AND 9051) Future Land Use Element- Objection #1 DCA Recommendations for Tara Oaks PUD: a} Need site suitability analysis considering intp-rnal memorandums that identified 1) need for survey and analysis. and 2) the existence of protected species, and b) Revise densities to protect natural resources, and increase amount of open space on site to protect natural resources. The requested land use amendment for Tara Oaks pun is arguably consistent with the city's Comprehensive Plan since it does have the potential for assisting in the preservation of recognized scrub species and its habitat (although it is not.a recognized site), and since it has been determined that several of those Comprehensive plan policies referenced in the Objections, Recommendations, ~nd Commellts (ORC) report do not apply to this site. A Preliminary survey has indicated the existence ot several natural features which are characteristic of nativ~'.scrub habitat, predominantly within the southern half of;':~his si te. Due to the size of site, limited variety of specie~, its disturbed condition, and history (see applicants response, page 1, and Environmental Assessment completed by CZR, Inc.) it was excluded from the Palm Beach County inventory of native ecosystems (on which the city's Listing of Boynton Beach Natural Resources sites is based). Since the site is not identified on this list, the City's comprehensive plan policies requiring the preservation of 25% of the native lands do not apply. Furthermore, it is stated that a detailed flora and fauna survey be completed pursuant to Policies 4.3.1, 4.3.3, and 4.3.5; however, the policies lack the direction necessary to be implemented, prior to codification, and hence do not supersede the city's existing environmental regulations. According to current regulations, an environmental impact assessment is required, but only as a condition of site plan or subdivision approval. ...,','\ Despite the absence of this site on the natural resources inventory, the proposed land use amendment and master plan is consistent with the Comprehensive Plan since it will provide for a sufficient level of scrub preservation that may have been absent under the current land use designation (low density). Unlike the site plan approved in 1988 which consisted of 77 dwelling units, the requested density and proposed master plan facilitate the increase in density and ability to "cluster" dwelling units and facilities, therefore providing for the preservation, or partial preservation of the native habitat (see, applicants response, page 2). Although the value of this scrub habitat and development suitability will ultimately be influenced by the Florida Game and Freshwater Fish Commission, the applicant has taken measures in preparation for the pOSSible requirement to preserve selected ~pecies on-site, as indicated by the master plan, or the requirement to relocate (see attached master plan and letter from CZR Inc.). It should also be noted that in addition to furthering the preservation policies of the Comprehensive Plan, the proposed land use amendment and master plan will also assist in implementing the city's Traffic Circulation plan by providing the necessary private funding to extend Knuth Road (Comprehensive plan Policy 2.6.2). Since the project requires the extension of a local road, of which county road impact fees cannot apply to, the applicant has argued that a density less than "medium" would s 1 ~ \. - .... the; ap-f71ic=>nl- h~~ .::H''JII,ocl th.:;,t ,J dC1TSity less tr.Csll IImedium" w(,)uld- make it difficult to provide the road extension while at the same time clustering the dwelling units on a portion of the site to provide for scrub preservation. Furthermore, an additional benefit, or area of consistency with the Plan, is the ultimate elimination of the exotic plant cluster ( B f' a zi 1 i a n Pep per') 1 0 cat e don the nor' the r' n po r t ion 0 f t ty(s sit e . Although not a direct result of the land use category requested, the dwelling units are to be located (see attached tree inventory) on the north half of the site, hence resulting in the r'emov.:ll of the:,(,l undesir'.:lbl." plant species. To summar'ize, tli.f- proposed land use amendment and master plan consistent wit~ity's Comprehensive Plan, and specifically furthers the following Policies: ' is 1 ) 1.11.2 - By protecting and conserving wildlife habitats, h.?.15 - See 1.11.2, and 4.3.3 - By increasing the ar'eas. de n sit yto ': p re-set-Y~., na t Uf'a f . .::.),,:,.( ~-''; v"'f..' \' 2) 3 ) In addition to: "~I 4) 2.6.2 - By providing necessary road improvements to mitigate the impacts of development, 5) 4.4.3 - By f'emoving exotic speties located on site, and 6) 4.4.5 - See 4.4.3. policies 4.3.1 and 4.3.5 proposed amendment. are not applicable to thi s 1 and use ~.(4f~.~'" .9- ''<"~. r ~~:;~~ ~~:\;7~' t; r f. ~ "l.~.'; ~~ ~j" - ....".~-".,._" " ..,,"'~-.. -. '..,. ~ .. .... ~'l .....,,~ ....'....'......,~....... '., ......, .~ "- ,...,.,;,.....'OO;'"..~ .,.'.....-~N_..,. - ..._~ ..~~-".__. '-....r..........:..f'f"-...-.-;~....~......_ ! .~.':~~l~.r- !.~~~c ~;~ /!" I .... .... ." 10 ... . ~ '.. J ....c:..... i1f': ~r :" nJ\'~{'.:":. ,. . ';:., .. 'i;' .:.i{~,-,..it }:{,f\! J - \ ., , \ DCA d ~ "0 'U ~ ~ " Future Land Use Objection #2 DCA Recommendations for Tara Oaks PUO. Rnuth Road PCD. and BovntQ.O Bes.9.ll PCD: a) Include analysis of the cumulative aff~ct of these land use changes on the amount of land needed to accommodate the projected population, and b) Include in analysis how land use changes are consistent with the analysis of future land use in the adop~ed Plan. Tara Oaks PUD (Residential) As descr'ibed in the .3Pplicanis r'E'sponse to DCAls objections, the cumulative affect of the amendments on total residential land use, which includes the reduction of 77 dwelling units'and 159 dwelling units (the maximum allowed under the current land use designations for' the I<nuth Road PCD and Boynton Beach PCD(,'S"~~ I'espectively), and the incr'ease of 115 units on the Tara Oaks PUD, is the total r'eduction of 122 dwelling uni:ts..,Since the City's Compr'ehensive Plan projects a surplus of,:'539;'dwe11ing units at bui1dout, this proposed reduction is ~6ris~stent. " ".'..... '. Knuth Road PCD and Boynton Beach Blvd. PCD,(Comm~rc1al) The Knut~ Road PCD site lies opposite the tity's boundary ~~d 1s to ne a nne xed. The c lHTe nt 1 a nd use de s i gnat ion '. for 't his property in the County is commercial, and there is an existing approval for a commercial recreation use of the entire property, Both the City's and Palm Beach County's Plans designate commercial land use for that portion of the site that fronts on Boynton 8e,:lch Bou1evar'd; however', the city's Plan 'recommends residential land use for the remainder of the property, unlike the County's commercial recreation designation.. ,Xnuth. Road PCD f' e pre s e n t s. the del e t ion 0 f a p p r: 0 x i mat e 1 y ten a c r' e s' 0 { res ide n t i a 1 designated land and the addition of approximately ten .acres to the city's inventory of commel~cial proper'ty. L ..j . ~ . t t.~ 1, t, r i t. The Boynton Beach Boulevard PCD is similar to the Knuth Road PCD in that annexation will be required, the entire .site isto be reclassified to commercial land use, and it will result in..t..h-e"'c- net increase of commercial designated lan~ totali.hg approximately 13 acres. The applicant~request for commercial land use is also ; ncons; stent wi th the County I 5 cur~r"ent , and use' ~.....-.,....~~~.., designation-r'esidential; however', a shortage 6f commercial design.3ted 1 and has been pr'ojected for\t'\thi s area ~@d is documented in the County1s plan (see attached ~up~~y/demand a n a 1 y s i s bye H 2 ~1 H i 11 ) . . . ; .;' ;r1 ;; ;~ :~ ;>::~ ,.. As indicated above, Palm Beach County has projected a shorta~e of commercial designated land within the service area of the proposed amendments and is documented in thek.~-fuprehensive Plan Economic Element (see attached commercial demand/su~ply and mar' k eta n a 1 y s e s) . A 1 tho u.~ h the C i t Y I 5 P 1 a n p r' 0 j eF t s ., : a sur p 1 u s 0 f commercial pr~perty, it has been determined that the ~urvey area used in the support document to analyze the supply a~d demand of commercial land in the City, was based on a western limit to annexation-Lawrence Road-which has since been extended out to the E-3 Canal. Although it would not be appropriate to bompletely revise the supply/demand analysis at this time, it' is assumed that the need projected by the County would also be supported by the C i t y '5 an,"" 1 V s i SOil C ~ t Iv" s t u cI y a r' e awe r' e e x pan d e d tor e f 1 e c t the location of market areas that affect land uses in the City, ~s well as affect those land uses within the reserve annexation al~ea . Furthermore, notwithstanding the existing recommendation to avoid the addition of commercial land, the City's plan currently supports this addition of commercial land pursuan~ to Comprehensive Plan Policy 1.19.6, and..:l:-he I~ecommen'dations within .the Futur'e Land Use SI.IPPOI""t Document. :>~'-'-f.c. . ......., ," ,.:' I ~ \ .' -.. '. Compr~hensive Plan Policy 1.19.6 prohibits additional commercial acreage beyond that \.,.hich has been PI~oj~cted, unless however, it can be demonstrated that a geographic need exists which cannot be fulfilled by existing commercially-zoned property. As indicated previously, the County has projected a future demand for additional commercial land at this location which includes a study area comprised of a portion of both the City and the County. Secondly, the Future Land Use Support Document, on page 40, includes a recommendation that the City avoid changing land use to commercial categories beyond that which is shown on the Future land Use Plan, except for minor boundary adjustments. It is ar'guable, and concluded, th.:lt the annexation of the 'proposed Boynton Beach Boulevard PCD site, an enclave completely within the City's boundary, and the Knuth Road PCD site, which lies immediately adjacent to the City, can be construed to be "minor boundary adjustments". The parameters used in the supply and demand analysis of land use wi 11 be I~ev i sed at a 1 ater date to ref 1 ect' thecb~ng'e;'i.;n annexation and survey boudaries. An additona1 consideration must be an internal inconsiste~~y . existing between the Comprehensive Plan and the Future Land Use Support Document. The plan is inconsistent in that it recommends that the Knuth Road PCD site contain commercial land uses on its northern boundary, along Boynton Beach Boulevard'(F~t0re. Land Use Sup p 0 r' t Doc u men t, See t ion V I I I, A r' e a 7. j ), w h i 1 e s i m u 1 tan eo us 1 y attempting to prohibit additional commercial development in this area based on th~ traffic problems commonly associated with strip commercial (Future Land Use Support Document, Location of Commercial Land, page 40). .' ;'.... ~. .~. . i' ... "~i :,; , Furthel~more, and to summar; ze, commerci al 1 and ~u-se-,-:should not. be prohibited fr'om the subject parcels based on inconsistency with the Comprehensive Plan since: 1) The site ;s located on a state minor arterial/(.:6'-lane divided) just west of a major intersection; hence providing for ma.ximum access (Policy ,1..17'.1), . '. ';':. '+. i:' :~ . .~". .. " . - 2) The site is located on the City's periphery,-~ithin a market area (that has a project~d ~hortage of commercial acreage) that was excluded from the 'Plan's supply/demand analysis (Policy 1.19.6), 3) The Plan is inconsistent in that it ~ecommends that the Knuth Road PCD sit~ contain commercial land uses on its northern boundar'y along Boynton Beach Boulevard (Future Land Use Support Document, Section VIII, Area 7.j), while simultaneously attempting to prohibit additional comme~cia1 development ;n this area based on' the traffic problems commonly associated with strip' commercial ' (Future land Use Support Document, Lo~ation ~f: Commercial Land, page 40). It is, in part, theil.1'tentofh.the . Compr'ehensive Plan to allow commercial land use, at a minimum, on the Knuth Road PCD site, '. 4) The increase in that commercial acreage proposed (in addition to that the Plan recommends) will not only be absorbed by the dem~nd identified within this specific area, but by the expected increase in real per capita income (Future land Use Support Document, Future Increases in Real Household Income, page 40), 5) The Plan allows for the addition of commercial land pur'suant to "minor- boundar'y adjustments" (Future Land Use Support Document, page 40), and 6) The nece s sa r' y te xt ame ndme nt s app 1 i cat ion s ,ha ve:~bee n submitted, consistent with the above response. ~ \ '- "" .' '. Although additional policies exist in the plan which' further discourage the conversion of land to commercial categories, those policies are super'seeded by those referenced abov~ due to the presence of conditions within the policies that apply to these proposals as indicated in this response. . .... .. .....~ ,...,. -'0', ....... ..." '-',~If'''''''''I''' ...... "~"""".....~_. -:.w'.~""_"""''"''''' . .,' '-..."_.' ......,.':0+ ..;......"....._....~........ .......... .'~ ~ :...-_ .-';"-.h~.' ., 'l'l_~~'''~,;~l'IE~.'~\~l.<~ . .... .............-1>;,.'__"...............0/.,..........'.. ....,,_-..-.:.......:.............l..#N._.,_..,. ., ",', ',:~C~' ~ ,;.... c; ;..~ :; 'l -r' '.:: 1 ,. ,) ", - ~..--_...................~~.... > ~' .. - "..,''''t__......_~..~.~.....'''....,...~_.._ . , _ _.........._~'...i..........~..._~..._.. ~ , \ ;" " !. ~ l~~ .' .:.,~............_., ...----....:+.r.... . ,. ;;. ',' ":{~1~'.T- $)-:""'-J'''f'i)'.' .. ~. .,",,' .~., _"'~.-""""''''_'''''-_'''_'''''':-'-'''''''-'''"'- ..... ....."'.......,......."..;.....;.-....~...., ~ '- ". " Goals, Objectives, and policies- Objection #3 DCA Recommendations Knuth Road PCD and Boynton Beach PCD: a) Include analysis of how the amendments are consistent with Objectives 1,3 and 2.1, and policies 1.3.3 and 2.1.3, or, b) Revise the densities and intensities of the proposed map amendments to be consistent with above referenced policies. A revised traffic study has provided the necessary data to ensure that the traffic levels of service established in the Comprehensive Plan will not be exceeded as result of the two proposed planned commercial developments (see attached revised traffic analyses and conclusions). Below are those roadways determined in the original traffic impact analysis to be currently exceeding capacty: 1) Boynton Beach Blvd. between I-95 & Old Boynton Road, between Military Tr. & El Clair Ranch Road, between El Clair Ranch Road & Jog Road, ,,' oyn on Road between Knuth Road & & ~1i1itary Tr., ~- 4) Tr. between Boynton Beach Boy nton Rd., Avenue between N.W. 22nd Ave. . & S.W. 15th Ave. As indicated in the enclosed letters date December 3, and December 10, geO, from the traffic cons tant, the following road improveme ts are scheduled to begi , or be completed within this fiscal year 1990-1991, and will leviate the traffic congestion on the roads in the stud area of the proposed projects: 1) t R ad.- Ex~t_ i on from Congress Ave. to Military Trai will r Buce traffic on Boynton Beach Boulevard, bet een C ngress Ave. and Military Tr., by 10,000 trips per da{, and between Congress Ave. and 1-95 by 3,000 trips pe' day. This improvement ;s currently undel~ construct; 2) e h ulev - Expansion to 6-lane between Old Road and 1-95. This improvement will alleviate tl~affic cong stion on 0 e of the worst (level of service) segments in the City. T;s improvement is scheduled to commence w thin this fisca year. '; 3) Conqres~ Avenue - Expansion 'om four to six lanes betweenl Boynton Beach Boul evar Mi ner Road is curre ly under construction. 4) N.W. . Avenue Intecihanqe - Th"s additional ~int rchange, which is scheduled fo constr.uct;on durin';J th's fiscal year, is expected to dec ease traffic on B ynton Beach Blvd. between Congress vet and 1-95 by . ,000 ~rips per day, and by 8,000 trip on Congress Ave. .~between Boynton Beach Boulevard and N.W. 22nd. Avenue. Also cheduled for construction in early 1991 is expansion of a ynton Beach Boulevard from four to six lanes be een the Flo ida Turnpike and El Clair Road, and from two to 5i lanes be een El Clair Raod and Military Trail. T e projected total traffic at each project's buildo~t was . alculated and is shown Figures A & B of th~ revised traffi s ~ ... 2) Old Boynton Road between Knuth Road & Lawrence Road, Lawrence Road & Military Tr. , 3) Congress Avenue between N.W. 22nd Ave. & old Boynton Rd., and 4) Military Tr. between Boynton Beach Blvd. & S.W. 15th Ave. As indicated in the enclosed letters dated December 3., and December 10, 1990, from the traffic consultant, th~following road improvements are scheduled to begin, or be completed within this fiscal year 1990-1991, and wjll alleviate the traffic congestion on the roads in the si~dY area of the proposed projects: 1) Woolbriaht Road - Extension from Congress Ave. to Military Trail will reduce traffic on Boynton Beach Boulevard, between Congress Ave. and Military Tr., by 10,000 trips per day, and between Congress Ave. and 1-95 by 3,000 trips per day. This improvement is currently under construction. 2) Bovnton Beach Boulevard - Expansion to 6-lane between Old Boynton Road and 1-95. This improvement will alleviate traffic congestion on one of the worst (level of service) segments in the City. This improvement is scheduled to commence within this fiscal year. 3) Conqress Avenue - Expansion from four to six lanes between Boynton Beach Boulevard and Miner Road is currently under construction. 4) N.W. 22nd. Avenue Interchanae - This additional interchange, which is scheduled for construction during this' fiscal year, is expected to decrease traffic on Boynton Beach Blvd. between Congress Ave. a~ 1-95 by 8,000 trips per day, and by 8,000 trips on congress Ave. between Boynton Beach Boulevard and N.W. 22nd. Avenue. Also scheduled for construction in early 1991 is the expansion of Boynton Beach Boulevard from four to six lanes between the Florida Turnpike and EI Clair Ranch Road, and from two to six lanes between EI clair Ranch Raod and Military Trail. The projected total traffic at each project's buildout was calculated and is shown on Figures A & B of the revised traffic study, with the cumulative impact of these two projects indicated on Figure C. Contingent upon the timely road improvemerits indicated above, there is adequate capacity for both of these projects. In the event that the road improvements lag, the city's Comprehensive Plan will ensure that the levels of service are not exceeded since it requires that the development orders to be issued are conditioned that the necessary public facilities are in place wh~n the impacts of the development occur. In sum, by maintaining the levels of service established in the Comprehensive Plan for roads, Objectives 1.3 and 2.1, and policies 1.3.3 and 2.1.3 will be complied with. als, Objectives, and policies- Ob) tion #4 As ~n the response to On' tion #1, and in the response provide y the applicant, this Objecf and Policy, in part, re~ui d the City to modify the land develo lt regulations to ne ssitate the preservation of native habitat... This ~ jectivehas been met through the recent adoption of t ,../.ii ~ ~ \. ~ - " '. Goals, Objectives, and Policies- Objection #4 DCA Recommendations for Tara Oaks PUD: a) Include analysis of t~e site in order to determine its c \ suitability for use based on natural resources, and b) Revise the densities to protect the existing natural resources. As indicated in the response to Objection #1, and in the response provided by the applicant, this Objecitve and Policy, in part, required the City to modify the land development regulations to necessitate the preservation of native habitat...etc. This Objective has been met through the recent adoption of the Environmentally Sensitive Lands Ordinance (see attached Ordinance). Despite not being required to do so at this time, the applicant has had an environmental analysis of the site completed as part of his plan to mitigate the impact upon the gopher' tortoise population found on the site (see Environmental Assessment). A thorough response has also been previously provided regarding the consistency with, or' inapplicability of Policy 1.11.2',' and those Conservation policies refercenced in 1.11.2. In sum, the proposed land use in the configuration approved and stipulated provides protection that the previous land use and approved plan did not. The analysis requested is already required in the new ordinance prior to site plan review. Goals, Objectives, and Policies- Objection #5 . '. DCA Recommendations for Tara Oaks PUD. Knuth Road PCD. and Bovnton Beach Boulevard PCD: a) Include an anal~5is of how the proposed ~mendments are consistent with Objectives 1.17 and 1.19, and policies 1.16.4,1.17.1,1.17.3,1.17.8,1.19;5, and 1.19.6. b) Include a analysis to resolve the reference objection for 9J-5.006(2)(C). It is felt that the listed objectives and policies have' been met and this is best explained by examining them individually: Objective 1.17 - The applicant believes he has IIminimized nuisances, hazards, and other values, and to residential e n vir' 0 n men t s. b y p r' eve n tin g 0 r' m i n im i z i n g 1 and u !i e con f 1 i c t S II . Specifically, Tara Oaks PUD removed approved housing from behind a single family development and clustered multi-family housing next to existing multi-family housing (see attached aerial)., Additionally, Tara Oaks removed building activity from an area identified as potentially environmentally significant where zero lot line homes had a valid existing approval. I~ the case of Knuth Road peD, the applicant merely requests to extend the existing land ,LIse of Local Retai 1 Commer'cial to the remainder' of the site to prevent the conflict of a small residential pocket, surrounded by Commercial. In the case of Boynton Beach PCD, the applicant removed high density residential property which was located at the main entrance to a regional mall adjacent to existing zoned Industrial property. In considering the mixture of residential and commercial densities and L1ses that appear in this western part of the City, it is felt that this area is best described as a regional activity center. The proposed land use am end men t san d p f' 0 j e c t s are tcv pic a 1 0 f, and are ide a 1 i nth i s area. All three proposed projects will be developed under the planned zoning district category. The Planned Commercial and Residential $ .. t I:' r l t r \ ! ~ ~ "- Zonin'3 Distr'icts ar'e i..ntended to mitigate potential land use conflicts while surnultaneously,c.allowing for design flexibility produce benefits such as the provision of open space or the preservation of ~nvironmentally sensitive lands. to It should be noted that the applicant has met frequently with adjacent property owners to assure that appropriate (t~ the satisfaction of the resid~nts) buffering was placed between each of these three projects and adjacent land uses. Access has been designed and routed to avoid any impact on adjacent properties and the adjacent property owners' association supported the requested amendments. In effect, the applicant has removed existing conflicts by virtue of these changes. Objective 1.19 - It is believed that these amendments further the objective by providing appropriate land uses in appropriate locations while preserving environmentally significant areas. . Pol icy 1.16.4 - The appl icant has r'equested appropriate amendments to the recommendations contained in the Land Use Problems and Opportunities section of the Future Land Support Document to permit the proposed projects and maintain consistency with the Comprehensive Plan. Policy 1.17.1 - Policy r'eads "D;scour'age additional commercial ...uses.. .except where access is greatest and impacts on residential land uses ar'e least". Knuth Road PCD and Boynton Beach PCD meet this criteria exactly. Both projects front on Boynton Beach Boulevar'd, a major' arterial. Direct'ly in frQnt. of Boynton Beach PCD there is already a signalized intersection which serves as an entran~e to the Boynton Beach Mall and which can provide access to this site as well as correct an existing access problem to t~e adjacent Post Office, to which the applicant has agreed. Knuth road PCD fronts Boynton Beach Boulevard as well as Knuth Road, a north-south collector which the applicant has agreed to fund its future construction. Adjacent land uses include commercial, industrial', a post office and a golf course. The one area where one of the projects abuts residential property is separated by a street and the applicant has agreed to provide extensive buffering as requested in meetings with the property owners' association. Policy 1.11.3 - See response to Policy 1.1-6.4. Policy 1.17.8 - Proposed amendment to Tara Oaks preserves the integrity of the adjacent single family neighborhood by removing adjacent units (in previously approved master plan) and clustering units on the north part of site adjacent to similar multi-family units, and at the same time preserving a potentially significant native habitat adjacent to the single family area. The multitude of uses and pattern of land use has already been established,.and as previously stated, the proposed uses allowed under the requested land use amendments are consistent with the character presented by this regional acitivity center. The Plan currently recognizes and accepts the actual mixed character of the area by recommending the "High Density" land use category on the subject parcel which abuts a single family n~ig~borhood. Policy 1.19.5,\ Policy 1.19.6 - See response to Future Land Use Element Objection #2 along with the attached Supply/Demand Analysis, Market Analyses, and Addendum to the Market Analysis. The analysis req~ested is included in the response to Future Land Use Element Objection #2. s .'-. ... '. - ,~ Conservation Element Objection #1 . 'i": . ' DCA Recommendations for Tara Oaks PUD: a) Include an identification of all wildlife and species listed as endangered, threatened or species of special concern found on the site and an analysis of the potential for protection of species listed as endangered, threatened or species of special concern, and in particular address gopher tortoises and scrub jays. See previous responses to Future Land Use Element Objection #1. and Goals, Objectives, and policies Objection #4. To recapitulate, the City, in conformance to the Comprehensive Plan has identified and classified environmentally sensitive lands within its borders, and this site is not included due to its past use as a dairy farm, limited size and species, its disturbed form, and the existing approval for single family development on 100% of the site as previously documented. The Plan amendment provides protection of environmental lands through the adoption of language stating: II ( 3) The po r' t ion 0 f t his are a w hie h li est 0 the sou t V. 0 f S.W. Congress Boulevard extended ,shall be limited to recreation facilities, open space, and water management tracts to serve the project as well as places of worship. Also, since this area contains habitat for gopher tortoises (Gopherus polyphemus), which are protected by state law, any gopher tortoises which are found in Area 8.k. shall be relocated to this open space, to the maximum extent permissible by state laws and regu1ations." Finally, an environmental assessment will be required prior to any site plan or subdivision approval as previously noted. Conservation Element Objection #2 DCA Recommendations for Tara Oaks PUD: a) Include an identification of all wildlife and species 1 i sted as endangered, threatened or speci es' of speci al concer'n found on the site and an analysis of the potential for protection of species listed as endangered, threatened or species of special concern, and in particular address gopher tortoises and scrub jays. The city has met Objective 4.5 through the adoption of its existing environmentally sensitive" land regulations and ide n t i f y i n 9 ~ i g n i f i cant 1 and s'~' con t a i n e din ref e r- e nee d Conservation Support Document, Figure 4. Policy 4.5.1 does not apply to this site as it is disturbed and therefor~ not 0 identified in Figure 4. However, the language referenced in the previous response pr'otects significant habitat as ~lready indicated. Furthermore, proper preservation needs ~nd techniques will ultimately be determined by the Florida Game and Freshwater Fish Commission and, reinforced by the City. . \ ~ ~ [ t t;: I l f. f' :~; t \. . .. ... .~ \'. .... .. state Comprehensive Plan Consistency Objective #1 DCA Recommendations for Tara Oaks PUD. Knuth Road PCD. and !Lov nton Beac h PCD: a) Revise proposed amendment to be compatibl~' with and further the following state policies: state Goal #10 Policy n1 - Conserve forests, wetlands, fish, etc. Policy #2 - Prohibit the destruction of endangered species and protect their habitat. state Goal #16 Policy 1 - Promote state programs, investment~,.... development and redevelopment which encourages' efficient development and occur' in areas which will have the capacity to service new population and commerce. state Goal #20 Policy 13# - Coordinate transportation improvements with state, local, and regional plans. ,., Goal 10 - As pr'evioLlsly indicated, the City of Boynt6i'n Beach h.3S met all the requirements of its Plan in establishin~ ~ppropriate ordinances to protect Environmentally Sensitive Land~ The assumption throughout the DCA comments is that the land use change from Low Density to High Density will result in degl'adat i on of the en vi ronme nt . Howe ve r, as repeatedl y demonstrated, the planned zoning district allows the high density plan to preserve a significant area of sensitive land which was previously lost in the Single Family concept which was consistent with the .existing plan and approved for this site. Continued monitoring of the property will take place prior to any site plan approva 1 . Goal 16 - Goal 16 and the cumulative aspect of the proposed amendments are addressed in the response to Land Use Element Objection #2. Goal 20 - This goal is addressed as Response to Land use Element Objection #3. ...'il Regional Policy Plan Consistency Objection #1 . . DCA Recommendations for Tara Oaks PUD. Knuth Road PCD. and Bovnton Beach peD: a) Revise proposed amendment to be compatib1e with and further the following Regional Policies: Regional Goal #10.2.1 Policy #10.2.1.1 - Protect all endangered and ~hreatened plant and animal populations shall be protected and all habitat...endangered and threatened species;..preserved and protected. ..' , \ Policy #10.2.1.2 - Sites proposed for agriculture or development activities within the known range of endangered or threatened species.. ..shal1 be surveyed by qualified government ecologists. ..to determine...thr~atened plant or animal populations occur. Regional Goal #16.1.1 Po 1 icy 16. 1. 2 - '? Same response to State Plan consistency above. ~ ,j I d ., I -II {.:. (j, , ,I 'I , RESOLUTION NO. R95- 9/ /,~ Jrt //j fr'() i 1\ it {.{ r I (h< IlrR ~y ,?-(-;r.)~(v I I I I il 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. 1/ , 1M ,L tJ t~k~s,.1t .t Ch IN ,d.de.-..L WHEREAS, the Boynton Beach Comprehensive Plan, Ordinance 89-38, I' I ! I . identifies Knuth Road as a City Collector; and WHEREAS, the City of Boynton Beach has obtained and protected the right-of- way for Knuth Road as part of its adopted Thoroughfare Plan; and I I :: WHEREAS, Knuth Road provides a critical north/south alternative to Congress : I Avenue between Woolbright Road and Old Boynton Road; and I " Ij WHEREAS, the City of Boynton Beach has approved Knuth Road PCD : I <I !i (Ordinance 090-70) and Tara Oaks PUD (Ordinance 090-75) and subsequently '! granted time extensions as amended, which both front on Knuth Road; and i 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 II ,I ,j 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 I 'I I County will benefit from the completed link of Knuth Road between Woolbright Road i and Old Boynton Road; and WHEREAS, Article 10.1 X.1.g. of the Palm Beach County Unified Umd 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