REVIEW COMMENTS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-060
TO:
J. Scott Miller
City Manager
e~~
Christopher Cutro
Planning and Zoning Director
Post.lt'. b .
rand t x transmitt-
To
FROM:
Co.
DATE:
April 2, 1993
Dept.
Fax #
SUBJECT: Master Plan Modification to split the
for Knuth Road between Tara Oaks PUD and Knut:u
.t'-\J......_ _
In the Fall of 1992, Michael Shroeder submitted a Master Plan
Modification to allow the condition for the construction of Knuth
Road to split between the Tara Oaks PUD and the Knuth Road PCD.
At that time the City Commission asked the City Engineer and the
Planning and Zoning Director to meet with Mr. Schroeder to
negotiate an agreement in which the City would have an assurance
that all of Knuth Road would be built.
The attached letter from Michael Shroeder is the product of our
meetings. The only section of the letter that we cannot endorse at
this time is paragraph 5. This paragraph asks for time extensions
regarding the approval of Tara Oaks and the Knuth Road PCD for a
five year period. At the present time extensions are limited to
one year at a time. These extensions would also hold their
concurrency status as well.
Since staff cannot bind the City Commission on item 5 we felt it
would be better to have the agreement come forward as presented by
Mr. Schroeder so that it can be addressed directly by the Ci ty
Commission.
This item has been scheduled for City Commission consideration on
April 8, 1993.
CC/cmc
C:KNUTH
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-009
TO: J. Scott Miller, City Manager
~~
FROM: Christopher Cutro, Planning and
Zoning Director
DATE: January 13, 1993
SUBJECT: Master Plan Modification - Amendment of condition to
construct Knuth Road as part of Tara Oaks PUD
We have met with Mike Schroeder and Bill Winchester on this item,
but have yet to settle all the questions involved with the
negotiation of an acceptable agreement for both parties.
I would ask that this item be removed from the "Old Business"
section of the agenda until such time as we conclude our
negotiations with Mr. Schroeder and Winchester. At that time we
will ask that this be brought back for City Commission
consideration under "Old Business".
CC/cmc
C:MPMKNU
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-253
FROM:
J. Scott Miller
illY Manager
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Chrlstopher Cutro
Planning and zoning Director
TO:
DATE: December 11, 1992
SUBJECT: Tara Oaks/Knuth Road Master Plan
Modification
We received the estimates regarding the construction for Knuth
Road on Wednesday, December 9, 1992 at 4:45 p.m. Unfortunately,
Richard Staudinger is in court and only briefly looked at the
estimates.
Before making a final recommendation on this to the Commission
I would like the opportunity to review the proposal in detail
with both Richard and the applicant. It is impossible to do
this before Tuesday, December 15th.
Therefore, we would ask that this item remain tabled until the
first meeting in January.
CC/cmc
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cc: Planning
Engineering
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-239
November 23, 1992
TO: J. Scott Miller, city Manager
~~
FROM: Christopher Cutro, Planning and Zoning Director
RE: Modification to Tara Oaks PUD regarding construction of
Knuth Road
I have reviewed the proposal from Michael Schroeder regarding the
construction of Knuth Road as part of the Tara Oaks PUD.
At this point, I would concur with the comments made by Richard
Staudinger regarding the proposal (see attached). However, it
might be useful for the City Commission to comment on this proposal
so that we can give Mr. Schroeder some specific input on the
proposal itself.
In the meantime, w~,will work with Mr. Schroeder in an attempt to
clarify the proposal before the December 1st meeting of the city
Commission.
If you have any questions regarding this matter, please feel free
to call me.
CC:ald
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MEMORANDUM
DATE:
Chr1S OUtro, PI8MIng Dk"ector I
W. Fllch8ld Staudinger. City englne'c t .-P
November 20, 1992
TO:
FROM:
RE:
Tara OakS PUD/Knuth Road Construction
Chris. I have reviewod the 1et1er of 11/13192 from Mr. Schroeder to yourself c;oncomJng
this roadway project. The Jetter Is not completely clear In many of the areas discussed.
Speclf1ca11y, under the approach on the second page, Item 13, the developer should
expand on what his Intentions are. Also Item #4. on page 3. requests that we aJIow road
construction without . bond in place. I have a philosophical ,problem with that. not to
mention 8 oode problem. Item *5 on pege 3 aeems to Indlodo the developer wants to
have everything ve5ted even though no construction may occur on Knuth Road or BlT'/
of the developments, I don't thinK this Is a good precedent for the City.
Also. as a result of our initial discussions on this project. the developer promised to
forward with his request a complete cost estimate of the road construction and an exhibit
detailing the specifio pieces of the road which were to be constructed or tied to spectflc
PUO's. None Of this information was Included In this submittal. I think it is crucial to be
able to advise the City Commission with 8 cost estimate and exhiblt outlining the phasing
and pieces of thIs roadwayeonstn.Jction. Therefore, I suggest you contact the applicant
and request he oIarify tne above item. and submit 8 complete coat estimate and exhibit
so we can properly evaluate this proposal.
WRS/bt
g2..o25/aJ7
GEE & JENSON
RECEI"ED
NOV ~3
PLANNli~G DEPT.
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SChROEDER AND LARCHE, P. ^.
Ano-.:Y1 AT lAW
OHt IOCA PLACI. sum 119. ATlIUM
~2" GUIlE, lOAD
BOCA RATON. rLORlbA 11411-71 I J
"ICHACL ". KJI..xou
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IlXA ..\TON 14011 241 -0'00
'ALM IlACM',COUPm' 14Cl71 .n.5605
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Noveaber 13, 1'92
VXA. IJ.'BLBOOPIBR , 1) 731-745t
Hr. Chri.topher cutro
Director Of Planninq
City of Boynton Beach
Poet Office Box 310
~oynton Beach, Florida 3342'
Re: Winchester/Knuth Road PCD
Dear Chr1.:
I apoloq1ze tor the delay in respona.lnq to your several
request. with respect to the isaue ot Enuth Road. AS you knOW,
in August I c;:orrespond.ed. with ~e c1ty l'Ianaqer reqar<11nq the
Xnuth Road. construction ob11qat10n. A copy Of that letter is
being forwarded to you w1th this letter.
A br1er summary or the situation 18 aa follows:
1. The City Comprehens1ve Plan contemplates that Rnuth
Road will eventually be ):)ullt through to connect Boynton Beach
Boulevard and Woolbrlqht Road.
2. Contrary to the requirement. of applicable Codes and
Ord1nances, the City tailed to require the developer of the
Stonehaven POD to construct Knuth Road along the entire lenqth of
the Stonehaven project.
3. Since the property now known aa Knuth Road feD, located
at the intersection ot Boynton Beaoh Boulevard and Knuth Road,
was not then in the city, the City had no other property upon
which to place the burden ot complet1nq Knuth Road other than the
Tara Oaks POD. Thus, the Tara oak. PUD has bean saddled not only
with the obliqat1on to build Knuth Road adjacent to the Tara Oaks
project, but also to build the unfinished portion of Knuth Road
adjacent to the stan.haven PUD.
Mr. Chri.topher eu~o
Director Of Plaftfting
City of Boyn~Oft .each
November 13, 1'82
paq. :2
.. Placinq ~bi. obli9a~ioft 'lpon Ta~. Oau POD place. an
unfair and u~ea.onable econo.ia burden on that proj"~ and i.
aiqnifioantly hindering .ttort. ~o ..11 ~h. property to an
apartmene developer and have the projeo~ built and added to the
tax rolls.
IS. Our AUlJUat. reque.t to Soott Miller wa. that the e1 ty
aodity the obllqation with r..pect to Knuth Road construction so
ehat the 'l'ara Oaks PUD would. have the obliC)ation to build the
portion of Xnuth Road adj.o.n~ to that property and, .1nce the
lCnuth Road PCD ha. now been annexed into th. City, that Ule Knuth
Road PCO be ob119a~ed t.o build ~e re.ainder.
Aa you know, ~e .atter wa. brou9ht before the C1ty
commi..ion for ooneid.ration and concerne were rai.ed by the city
2nqine.r and question. were asked by various coam18sioners
re~ardinq how the C1 ty could be asaured that the road WOUld
eventually be completed it approval w.. given to d1vide the road
oonstruction obligation and perait the road to be constructed in
pha.... The meteer was tabled and ve agreed to work with
ropre.en~atives ot the city and the county to attempt to reach a
resolution that. addressed both our concerns and those of the
ci~y. Aft.er meeting with you and the city Enq1n.er, we then had
our .ngineer discuss the i..ue with repre.entatives of the County
Engineer' 8 ot'tice and Bill Winchester, Rick Rossi and I then
attended a meeting wltn ltt. HUn-e1 and Mr. Walker at County
En~in.erln9'
AS a reSUlt ot our various meetings, we believe that we have
now been able to .tructure an approach to the problem that
SUbstantially addresses the concern. ot all involved. Our
suggested approach 18 a8 tollows:
~ 1. Construction of the portion ot Xnuth Road lyinq
adjacent to the Stonehaven POD would be a requirement of any plat
_ ..~ approval tor the shopping canter (excluding ..rvice station),
~ portion of the xnuth Road PCD.
X ~ 2. The obligation to build that portion ot Knuth Road
~ ~ .<1j acent to the Tara Oaks POD lIul ti-tamily .i t. would be a
~ requirement ot any plat approval tor that mUlti-family
~ development.
3. Knuth Road would also be permitted De builtin thOSA
salle two phsses or all at one tille, at any ti.e prior to plat
approval tor either or both projects.
Mr. Chria~ophN" eut:ro
Dir.Q~or Of Plaftftin,
ci t:y of aoyni:on haClh
Nov.ab.~ 13, 1992
Pa9. 3
~~
. . It Znuth Road i. i:o b. built 1n phase., whether in
oonjunotdon with plat.~inCJ or otherwise, the pany owing the
pro~r1:.y bavinCJ 'tbe obligation to build the ..cond pha.. shall
be required to bond c:on.truction ot the ..co1\4 phase within
thirty (30) cI~Y. .f~.r coapletion and acceptance of t.he fir.t
ph.... It 'the tir.t. phaa. i. con.tructed ether tnan .. a re.ult
of . r.quir...nt imposed by an approvacS plat, no bonding shall be
required with respect to the construction Of that ph.s.. It
.mall be a requit'elllent. that the second ph..e of Rnuth Road be
built within tour (4) y.ar. atter coapl.tion ot the first pha.e.
5. This proposal ha. been structured baaed upon the
a.sumpt.ion by the property owners tha~ they will be able te
develOp their properti.. a. presently zoned and approved, a. it
i. only fro. such development that the neces.ary r.source. can be
obt.ained 'to pay 'the coat a.sociated with the road construction.
Thi. being the caBe, we n..4 the Clty to agre. to qrant all time
extensions, aa nee...ary, in lieu ot co..encing construction or
pla~tinCJ, ~o maintain in .ttect the validity of all 4evelop..nt
orders and aite plan approvals with respect to the Knuth Road PCD
and Tara Oaks PUt) or any portlons thereot.
e. The property owners' agreeaent to this proposal 1s
conditioned upon rece1vinq approval fre. the county Commission
for impact tee cr.~it wlth relpect to coats incurred in
conjunction w1tn construction of Knuth Road aqainst impact fees
tor the Muth Road PCO and Tara Oaks POD or, it the road or any
portion thereot 1s built by 80.. perlon or entity other than a
4eveloper of all or any portion of those parcell tor
reimbursement to be made for cost. incurred in conjunction with
~ne development of Knuth Road fro. the iapact fe.. paid with
respect to the PeD and. POD. Hr. Walker and. Mr. HUrtal of tha
county EnCJineer's offica aoknowle4qed that the County EnqinaAr
WOUld .upport such a request tor i.pact fe. credit vhen pre.anted
t.o the County COllllli.8ion for approval, but indicated that in
order for the .attar to be pre.ented to the County Co_i..ion,
the city needs to adopt a resolution reciting variou8
justifications tor givinq impact te. credit for the eon.eruotionaof Knuth Road and requestinq that the County Comai..ion give .uoh
credit.
~~~~~
Kr. Chrl.toph.r <:U~~o
D1~.ctor Of Planning
ci~r of 8oynton Beach
November 13, 1"2
paqe 4
Chris, il~tar you have hact can
letter, plea.e call .e .0 that ..
proceed toward concludinq thl.
ass1stance 1. qraaely appreciated,
opportunity ~o r.~l.v this
. cu..cu.. i i: cand how we
t A. alway., your
MAS:cl
Encl.
ee: Mr. J. Scott Miller, City Kanager, via tel.copier
Mr. Enrico Rossl, P.E., via tal.copier
Hr. Bill Winch.ster
(Ltr\Cut.ro.l tl)
PLANNING' ZONING DEPARTMENT MEMORANDUM 192-170
FROM:
J. Scott Miller
City Manager
~ I ' 11 -+--,..
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Chri~topher Cutro
Planning & Zoning Director
TO:
DATE:
August 13, 1992
RE:
Tara Oaks Master Plan Modification regarding
condition for construction of Knuth Road
Michael Schroeder, who represents Bill Winchester, the owner of
the Tara Oaks PUD and the Knuth Road PCD, is requesting to change
a condition to the Tara Oaks PUD which requires Knuth Road
between Woolbright Road and Boynton Beach Boulevard to be
completed in conjunction with the PUD.
The owner is requesting to split the responsibility for the
construction of Knuth Road between the Tara Oaks PUD and either
the Knuth Road PCD or Boynton Beach PCD. When Tara Oaks is
built, Knuth Road, up to the L-25 canal, would be constructed.
When either the Knuth Road PCD or Boynton Beach PCD are built,
the canal cross and the north section of Knuth Road would be
built.
There are some thoughts we have regarding this request that we
believe should be considered in the review.
First, if either one of the PCD's or the PUD is never built, the
road will be incomplete and it may fall to the City to complete
the road. As a part of this, the impact of the road not being
completed should also be considered. When the PUD and PCD were
approved by the City, a traffic analysis that included this road
was submitted. The assumption was that Knuth Road would take
trips off of Congress Avenue and assist in maintaining an
acceptable level of service. If Knuth Road is not completed,
then future developments in the Congress Avenue corridor could be
affected.
On the other side of this argument, it is our understanding that
the residents of the Stonehaven PUD would like to delay, for as
long as possible the construction of Knuth Road because impacts
of the road will be felt by some residents in that PUD.
Plannin9 , Zonin9 Memorandum 192-170
August 13, 1992
This request has been reviewed by the members of.the Technical
Review Committee and the only comments regarding this request
were from tpe Engineering Department. These comments basically
mirror our concerns stated earlier in this memorandum.
This request is minor in nature and should be forwarded to the
Planning and Development Board as such. However, we believe that
the City should give direction to the Board on how to dispose of
this item.
This item has been scheduled for City Commission consideration on
August 18, 1992.
CC/jm
A:TARAOAKS.JM
lCIIdey .. AMOCIeteI
~ An:hItactaIP\aMll\
1&&1 Forum ,..
Sun.100A
W..c PIIrn Belch, Florida 33401
f.eo1. 889-6&22 · Fax: 1401. 52!82
Junp 10" lq92
Mr. rhrlstopher ('nt-ro
Planning ~n~ ~nning nirpctor
Royntnn Reach City Helll
PU Hox 310
Roynton R0arh, FL 33425-0310
Rp: Tara Oaks Pt'D. Knl1th Rr)lvl prn,
Royntnn Rpach Rlvd. PCO
n par Mr. (' U t r 0 ,
nn hphc11 f or thE' appl i,-ants we are requestin<;l minor
am~nrlmpnts to the maRter planR of the ~bnvp noteri
plannpd d€'v~lopr.1ent.s.
\
Currpntly. the cnnRtruction of Knuth ROnrl frnm
Wno1bright Roaci, on the south, to its current terminus
np~r the Antry to Stonehaven pun, on the north, is a
cnndition of the Tara Oaks pel). ~e are requ€'stin9 that
th 15 rond i t inn h'" aw=>ndpc! to reou ire canst t 11r t inn of
f\nllth Road from Woolbright Road. inr111ciin9 the crossinC'}
over the L-;J5 ranal, to the nnrth prl1i1erty 1 ine of TC\ra
Ooks. and that of Tara Oaks mrJ.v r.onstruct the remaininCJ
portion of Knuth Hoad including the cr~s51ng over the
L-26 r.anC11.
Th~ conditinns nf the Knuth R~nrt pro anrl the Boyntnn
Rearh Blvd. PCD shnuld be rp.vispd to permit p.ither
pr0jert to r.()n~trllrt Knuth H0t'\rl hut, '..;hir:-hp\,pr projer:-t
pr,r:-epds first shnuld be requirpd to cnnstruct the
remaining pnrtinn nf Knuth Rot'\d from the north property
lil)~ of Tara Oaks to the existing terminus at the entry
to St0nph<:\\'pn pr.~lJ including th~ crossing over t,h~ [-26
r-an...ll ul\l~ss .it has already hi?en coml'l~tect by Tara Oaks
lJ '- I' .
RECEIVED
JUN 1 5 1992
C"hr1stophpr \utro
J IJ n f? 1 0., 1 9 9 2
P~gl? 2 of 2
This rf?qu.::-st will n0t r.rf?atf? any change in iJTlp~cts to
any of thC' i'\hnvE' notpd dl?vF'Jnpm("lnts.
If you h~ve any qu,=stinns or require anrl1t1onal
inFormation, plpasE' don't hl?sitate to r.dll.
Sinrerely,
Kieran J. Kilday
K.JK/dm
(" C : B I 1 1 toJ I n c: h E? S t E' r
~, i Y.. ~ S r. h r () e rl e r
File 7Q9.5
Filf> 799.9
File 799.10
SCP-jEDER AND LARCHE. P. A.
ATTORNEYS AT LAW
ONE BOCA PLACE. SUITE J 19. ATRIUM
2255 CLADES ROAD
BOCA RATON. FLORIDA 33431.13 13
!OCA IArON 14011 HI -0300
P"LM 8EACH COUNTY 140718H-S6QS
810WAII0 COUNTY I]O~I 421.Q878
nucoPlElt 14071 HI .01<:/8
MICHAEL A SCHIOEOElt
W LAWIE"ICE LAICHE'
. FlO.'O" .". 110".0 CUI'1Fl[O
[ST"" 'lANNING AND 'IOIAT!. LA'liY[1
August 3, 1992
VIA TELECOPIER (1) 738-7459
J. Scott Miller, City Manager
city of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Re: Tara Oaks/Knuth Road Construction
RECEIVED
AUG 5 1992
CITY MANAGER'S OFFICE
-
Dear Scott:
As you know, Knuth Road, south of Boynton Beach Boulevard,
currently extends to the entrance to the Stonehaven residential
development. The City Comprehensive Plan contemplates that Knuth
Road is eventually to be built through to Woolbright Road. While
the facts surrounding the situation are somewhat complex, our
request is relatively simple. In a nutshell, we are in a
situation where the obligations imposed upon the owner of the
Knuth Road P.C.D., pursuant to an Agreement with the Stonehaven
Homeowner I s Association which was incorporated into the City I S
project approval, are inconsistent with the requirement that the
Tara Oaks project be saddled with the burden of constructing all
of Knuth Road. Our request is, therefore, that the City
commission clar-ify the situation by imposing upon the Tara Oaks
mUlti-family site the obligation to construct Knuth Road from the
south side of the L-25 Canal to Woolbright Road, with the
understanding that this portion of the road can be built in two
phases, as already approved by the City, and imposing the
obligation for the construction of Knuth Road from the south side
of the L-25 Canal north to the already constructed portioi. of
Knuth Road, upon the owner of the Knuth Road P.C.D. with
construction to be a requirement or condition of platting.
For some reason the developer of the Stonehaven P.U.D. was
not required to construct the road the entire length of the
project. As a result, the city has had to look to the owners of
properties that don't even front on the unconstructed portion of
the road adjacent to Stonehaven for its construction.
J. Scott Miller, Cl~y Manager
City ot Boynton Beach
Auqust 3, 1992
Page 2
As you may recall, the Tara Oaks P.U.D. zoning approval was
processed through the city at the same time as the approvals for
annexation and zoning for the Knuth Road P.C.D. Since imposing
the obligation to build all of Knuth Road on the Tara Oaks
property made development not economically feasible, at the time
those two projects were presented to the City for approval, the
proposal was made that Tara Oaks would have the obligation to
construct Knuth Road from Woolbright Road, north to the south
line of the Lake Worth Drainage District L-25 Canal and that the
crossing of that canal and the construction of the northerly link
of Knuth Road would be the obligation of the Knuth Road P.C.D.
Notwithstanding the fact that the projects were proposed in this
manner, references to Knuth Road in staff comments were all
included in the comments pertaining to the Tara Oaks P.U.D. and
as a result, when city commission approval was given,
incorporating staff comments, the obligation to build the entire
length of Knuth Road was, technically, imposed upon the Tara Oaks
project.
At the time the proj ect approvals for those two proj ects
were being processed through the city, the City wanted to be sure
that the concerns of the residents of Stonehaven were addressed.
As a result, the applicant and the Stonehaven Homeowner's
Association entered into a written Agreement, a copy of which was
provided to the city and was incorporated into the project
approvals. The residents of Stonehaven strongly objected to the
completion of Knuth Road adjacent to their development, but the
Commission recognized the need for the eventual completion of the
road once the Tara Oaks and Knuth Road properties were both
developed. In order to lessen the impact of the road on these
homeowners, however, my cl ient and the Association agreed upon
certain improvements to serve as buffers. Since it had, from the
outset, been contemplated that the portion of Knuth Road lying
adjacent to Stonehaven would be constructed in conjunction with
the development of the Knuth Road P.C.D., the agreement with the
Stonehaven Homeowner's Association requires that walls and
landscape buffers be installed, at the developer's expense,
between the road right-Of-way and Stonehaven at the time that
development of the Knuth Road P.C.D. is undertaken. Thus, any
requirement that the northern portion of the road be builtin
conjunction with development of the Tara Oaks project would
resul t in the road being built along the Stonehaven property
without triggering the requirement, under the Agreement with the
Homeowner's Association, that the requisite wall and landscape
buffer be installed as the Knuth Road P. C. D. may not be in
development at that time.
J. Scott Miller, City Manager
City ot Boynton Beach
August 3, 1992
Page 3
Please advise if there is any
provide to assist in the City's co
MAS:cl
Encl.
cc: Mr. Bill R. winchester
(Ltr\miller.lt2)
Kilday ft A..oc"'"
Landscape Architectsl Plannel'1
1561 Forum Place
Suite 100A
West Palm Beach. Florida 33401
(407) 689-5622 · Fax: 1..071 689.2592
Jllnp 10-,1092
~1r. Christopher Clltro
Planning ~n~ ~nning nirprtor
H"yntnl) Heach r i ty Hd 11
pi) Hnx 11 ()
H0yntnn R0arh, FL 33J25-0310
Rp: Tara Oaks PI.'Ll, Knuth Rr.,:vl p(~n,
Rnynton Rp3Ch Rl~d. pen
npar Mr. ('utro.
rOll) hphdlf n[ the appli,-ants we (Ire requesting Injnnr
afllf-'nrlmpnt:::: tn the master plans of the nbnvp nnteri
pI annpd dev.... 1 npml?n t,s .
\
('I\ru>ntly. thp construction of "'nuth ROn<i frnm
\.\Clolbright Roan, on the south. to its current terminus
np.=tr the p.ntry to Stonehaven !Jun, on the north, is a
condi t ion 0f the Tara (Inks PUll. ~~e are requestilHJ thal
thi~ r0t1,-litinll hp i'\LIPndpd to require constlll,tinn (l[
f(nllth Hoad from Woolbright Rnad. jnrluding the crossilH}
o\'er the L""75 r.:\nal, to the nnrth prpperty 1 ine of TeH.;
"i'\ks. and thnt nf Tara Oaks mi'1\' rnnstruct the rem.3inin<1
portion of Knuth H0ad including the rrnssing over the
L-26 Canol.
The ("nn~itinns of th~ Knuth R0Rrl prn anrl the Boyntnn
Rearh Blvd. pen should be rpvisp.d to permit f'ither
pr0jert tn ronstrllrt Knuth \-{f)nn hut, ~vhi('hpvpr pro)Pr:-t
pr,,:,,ppos first shnuld be requirpd to cnnstru('t the
remaininCJ porti,'n nf Knuth ROr"\d from the north pr(1perty
11'10 of Tara Oaks to the existing terminus at the entry
t ('0 ~ t (\ n ph .:\ \' P n P II D i])(' 1 u din CJ the c r n S sin <:1 0 v e r t h p l - 2 6
rFlIlr\l 1l1l]PSS it hi3s already hp'?l1 ('ornl'l'?ted by Tara Oaks
pI \'
RECEIVED
JUN 1 5 \992
Christ('lphpr rlltro
Jllno 10. 19Q2
paCJI? 2 of 2
This rf?qlll?st will not C"rf?atf? any chanCJf? in ifTlp,'\cts to
any of th~ Ahnve nntpd devpJopm0nts.
If you hAve any qUf?stinns or rpq'lirl? arlrlitional
information, plpase don't hesitate to rcdl.
Sinrerely,
Kieran J. I\ilday
PRE:lIMIN^RY
TECHrt1CAL COMMITTEE
FOR SITE PlAN" IEW
Bid.. Depl ~ v Date 7/? ~Z-
Fire Oe~ O.t~ ' Cf / (11
tne. O.,t. L L *~ {'l"t. 7/1/ '11... ~
Util. Oef'lt If-~ O~te~
PoHce Oept. /..:..r- O~t~
P. W. O.pl ? U r-.t'"1o/" 9";-
City rl.ilnner L -: Date~?,,-:--
p~. Oir. ~ r'l~ lJ ,Y1~
Cilv M.r. L-- _ · ."
t('..~.l.' . *)11- CJi:-r~ -Z-'_9__'-9~
KJK:dm
cc: 8i l] h'i Ilchester
1'-1 i k'? S r h r n e ct e r
File 7Q9.5
File 799.9
File 799.10
ENGINEERIK DEPARTMENT MEMORANDUM NO. 2-164
TO: Chris Cutro
Planning & Zoning Director
FROM:
Michael E. Kazunas
City Engineer
~a
DATE: June 29, 1992
RE: Tara Oaks PUD, Knuth Road PCD and Boynton Beach Boulevard PCD
This department's concern is that Knuth Road is not constructed in
its entirety, but,
a) is never build if Knuth Road PCD is constructed and Tara Oaks
PUD is del~yed or cancelled,
or
b) constructed in segments and not completed until both projects
are completed, which is the way we read the June 10, 1992
correspondence.
We have no objection to any agreement which completes Knuth Road in
its entirety, conditioned on the completion of either project.
MEK/ck
J-
. ~~:l~\)
..' -{: C. ( ,.
1:' ;~ ..J .
..... .- .?:JQ ....:"'\.
\~~ . -;--.~~
\';.".'.'/
~/
GEE & JENSON
E "9' neer s - AI eMllelS .
Planners.lnc
August 14, 1992
Mr. Chris Cutro, Director
Planning and Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, FI 33425-0310
Re: Knuth Road Extension
Dear Chris:
It is my understanding that the developer of the church parcel within the Tara Oaks P.U.D.has
requested that the City waive the requirement to construct all of Knuth Road between Woolbright
Road and Stone haven Drive if the church parcel is the only portion of Tara Oaks P.U.D. to be
developed at this time. I do not have any problem with requiring only that portion of Knuth Road
serving the church parcel be constructed at this time. This would entail the construction of Knuth
Road from Woolbright north to the north property line of the church parcel within Tara Oaks
P.U.D. This is not intended to in any way relieve Tara Oaks of the obligation to construct all of
Knuth Road when any further development (such as the multi-family tracts) occurs.
It is my recommendation that we obtain Palm Beach County's approval of any modification the
property owner proposes in excess of the above description. For instance, should the property
owner wish to distribute the cost of the roadway construction between his two properties (Tara
Oaks P.U D. and Knuth Road P.C.D.), the City should require each development, with County
concurrence, to be obligated to build the entire remaining roadway from the church parcel north
to Stonehaven Drive. However the developer wishes to distribute these costs to his property is
his business. But the City should not split the obligation between the two properties. Any split
could, in my opinion, allow the partial construction of the roadway with a "missing link".
Please call if you have any questions in this matter.
Very truly yours,
RECEIVED
Gee & Jenson
Engineers-Architects-Planners, Inc.
/ /12f7. --, /
/ /tl //(/. - -' _.~':-. \-1/
.v' c ( / or(;:/' ~-c ______
W. Richard Staudinger, P.E.
City Engineer
RECEI\'ED
AUG 14 lS92
CITY MANAGER'S OFFICE
WRS:bf
92-049
cc: Vince Finizio
.AAJG I..
PLANNJNG ~_:.;-
,. .... ... I , ~
':ne Ha"'" 3":1 ei': ~ .1/>/'2S: Palm ::23':""\ ~1,:.r ja 3341:'?~923. JO'" E2~.3~,:. . ~~t ~::- .::~~--~..:~
-
--
BNGINEERINL JEPARTMENT MEMORANDUM NO. _2-190
TO: Christopher Cutro
Planning , Zoning Director
RECEIVED
JUl 1 7 1992
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
DATE: July 16, 1992
RE: Technical Review Committee Comments
Tara Oaks, P.U.D.
Construction of Knuth Road from Stonehaven Drive South to
Woolbright Road
Requested Master Plan Modification
Postponement of Remainder of Knuth Road from North Limits of
Church Parcel to Stonhaven Terminus
Division of Construction Obligation from Tara Oaks to the
Boynton Beach Boulevard and the Knuth Road P.C.D.'s
The Engineering Department, for the City of Boynton Beach, Florida,
has reviewed the applicant's submittal letter of June 10, 1992,
relative to postponing the construction of Knuth Road by distributing
the obligation to build the subject roadway amongst two other vacant
parcels of land, that being Knuth Road PCD and the Boynton Beach Blvd.
PCD.
The Engineering Department objects to the proposed Master Plan
modifications based upon the following:
1. The original obligation to construct Knuth Road from its terminus
near Stonehaven Drive south to Woolbright Road, including crossings
over the LWDD L-25 and L-26 canals, was a condition of approval
for the original Tara Oaks PUD Master Plan/Rezoning. This obliga-
tion is so noted on the face of the original approved Master Plan.
(see attached Master Plan) Although Mr. Winchester may be the
property owner of the three parcels of land subject to this review,
Mr. Winchester may not always be the owner and by distributing and
dividing the responsibility to construct Knuth Road to the PCD's
which were not originally obligated, may pose a serious future
problem for the City should Mr. Winchester sell the two PCD's and
the successors in title object to constructing Knuth Road based
upon Tara Oaks original responsibility to do so. It should be
noted that Knuth Road PCD and Boynton Beach Blvd. PCD were not
obligated to construct any portion of Knuth Road.
2. The City of Boynton Beach, Florida has no guarantee whatsoever
that the Knuth Road PCD and the Boynton Beach Blvd. PCD will ever
be constructed, therefore, should the construction of Knuth Road
be postponed by dividing the obligation amongst the two PCD's,
Knuth Road may remain a partial road for many years.
3. The conditions of approval for the construction of Knuth Road,
from Stonehaven Drive south to Woolbright Road, including the
crossings over the LWDD L-25 & L-26 canals are a requirement
of Palm Beach County's Traffic Performance Standards as so noted
ut=~n the :3.ce of the Master plan. TDA impact of Tar.1 ();:Ikc:: DTTn
, ,'c rc - -'- .. :. '-- '-
Tr3~~ic Perfcr~3~c~ Sta~dards and as I r~call this proJect ~a~
s~t~itt~d ~ell after th~ deadline which eff~ct~at~d the impl~-
:~. :".-:3.:.ic':) of t~...; Tl-:::.:fl: P"~rfor~,3nce St-3r:c:arrj5 3-::-::;,ted L~Y t}-.'_-
-- _::..~;' C:~~...~-,i::si_i=-.. (:::~4':-' .:::'::'2'~h. ~l3.ster F'la:1 Tr3.:::'-: F'.:':,~:. 2t:;:
~.:,,-=: ~:.).::. l:-:-,~:'__ ~ ~::.~. t
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L.. '.,::
ur ~I::~r C~~:::Clt; rl::latl~e tu tr3:~lc ~ulu~~s.
;-:"~'-"~-~ i~ r2.:~~.'~lGt='~I.j), is that C\J:-r-'.:::~":.l~/ C~);-.~:-~~:.-
T _
1 _
Engineering Department emorandum No. 92-190
TRC Comments - Tara Oaks PUD
July 16, 1992
Page .2
the road is only partially completed, as requested by the
applicant, residents desiring to travel east on Boynton Beach
Blvd., will in all likelihood, exit onto Woolbright Road and
enter onto Congress Avenue further adding to the roadway's over
capacity as they attempt to access Boynton Beach Blvd. Constructing
Knuth Road in its entirety will lessen the impact on Congress Avenue,
by providing an adequate and suitable north/south roadway providing
easy access to both Woolbright Road and Boynton Beach Blvd.
Allowing the applicant to divide this obligation amongst many other
non-related parcels of land, will set a precedent which may destroy
the City's ability to ever compel developers, who own more than one
parcel of land in our City, to build a continuous roadway system
which relates solely to one parcel and not all others owned by the
developer. Example: one developer who owns 5 or 6 vacant parcels
of land could postpone and delay construction of a required roadway
indefinitely, therefore, the applicant's request should be denied.
The only aspect of the applicant's request which might benefit some
citizens of Boynton Beach is that should the roadway not be constructed
from Woolbright Road to Stonehaven, the residents of Stonehaven will
not be affected by motor vehicles traveling past their community.
Tr.e small number of Stone haven residents who would benefit if the
construction of Knuth Road were to be postponed is insignificant in
comparison to the general public at large who would benefit from the
subject roadways completion.
The applicant should be required to construct Knuth Road, from Woolbright
to Stonehaven, when the multi-family portion of the Tara Oaks PUD
commences construction (if a site plan is approved). Should the City
Commission approve the applicant's request to divide the obligatiun
amongst the two other vacant parcels of land, I would then recommend
that all three Master Plans be modified to reflect the required
obligation and that Mr. Winchester be compelled to provide surety in
an amount equal to 110% of the cost associated with constructing the
entire roadway within a reasonable time frame, irrespective of the
status of Boynton Beach Blvd. PCD and Knuth Road PCD. In order to
accomplish the submission of a performance bond requiring the con-
struction of Knuth Road in its entirety, the Engineer of Record,
that being Rossi and Malavasi Engineers, Inc. would be responsible to
submit a line item Certified Engineers Opinion of Cost for construction
of the subject roadway, which shall include submission in the form of
monies made payable to the City of Boynton Beach, Florida for installa-
tion of an appropriate street lighting system to be designed by FPL.
The monies submitted to the City of Boynton Beach shall be US Dollars
in an amount equal to 125% of the costs associated with installation
of the lighting system.
cc: J. Scott Miller, City Manaaer
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CANAL CROSSING
CONNECT TO PROPOSED WOOLBRIGHT ROAD
'I
\'
. NOTE: Knuth Road to be conltructed from Ita e.lltlng
terminus near St~neh.ven Drive louth to Woolbright Road,
Including crolllnga over the L.W.D.D. L-25 and L-28 canall,
and the conltructlon of an 8' bike path on the eaat Ilde
and a 4' Ildewalk on the welt Ilde.
f
· Sldewalkl bike path to be constructed along S. W. Congre..
Blvd. as required by city code..
~
MINUTES - REGUlAR CITY CCHlISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 18, 1992
None.
c. Other
1. Master Plen mod1f1eetion to lmend a condition regerding the
construction of Knuth Road as part of the Tart Oaks PUO
Mr. Cutro stated that Michael Schroeder, who represents Bill Winchester, the
owner of the Tara Oaks PUD and the Knuth Road PCD, as well as the Boynton Beach
PCD, is requesting to change a condition that was made to the Tara Oaks PUD,
which required Knuth Road between Woolbright Road and Boynton Beach Boulevard be
built as part of the Tara Oaks development. The owner is now requesting that
the responsibility for building the road be split between two different develop-
ments and suggested that the Boynton Beach PCD and the Knuth Road PCD be used to
kick in the north portion of the, requirement for the road and the Tara Oaks PUD
be used to require the southern portion of it. Mr. Cutro advised that a problem
will occur if the road requirements are split. In addition, the logistics of
what happens on other roads changes significantly if Knuth Road is not put in
place. Knuth Road is being treated as a bypass road, at least in traffic plans.
If it does not appear, levels of service on Congress Avenue and Boynton Beach
Boulevard and perhaps on other roads will be changed. The homeowners of the
Stonehaven PUD would prefer never to see Knuth Road built and would like to
delay the building of Knuth Road as long as possible. Staff considers this to
be a minor change to Tara Oaks because it does not require a total rezoning of
the site to make this detenmination. However, whatever detenmination the City
Commission makes, staff asks it be laid out in very distinct tenms so that when
this goes to the Planning and Development Board for final approval, they have
definite direction from the City Commission.
Commissioner Aguila stated that the graphic information in the backup material
is of very poor quality and he cannot read it well. Mr. Cutro said this is an
ongoing problem when copying aerials. Mr. Cutro will provide regular line
drawings in the future.
Commissioner Aguila felt splitting the responsibility for the road is a mistake.
Mr. Schroeder pointed'out that he is really focusing on the north part of the
unfinished portion of the road from the southerly boundary of the l25 canal up
to the present entrance to Stonehaven in an attempt to correct a mistake that
was made long ago by a different Commission. looking at the northerly link,
neither the Tara Oaks property nor the Knuth Road PCD property front on that
portion of road. That property is fronted by the Stonehaven residential devel-
opment and that northern link should have been built by the developer of
Stonehaven. Mr. Winchester has not objected to assisting the City in fixing
that problem and recognizes that the road eventually must go through. However,
it cost roughly $350,000 to build 3,700 feet of road. In addition, at this
point in time, there is no approval for impact fee credit for the cost of the
road. The traffic impact fees ($220,000) would be levied against the 192 units
in the Tara Oaks multi-family. $570,000 in costs are associated with the road,
$2,800 per unit. He suggested that with this kind of a burden per unit, the
road may never be built because it makes the property unmarketable. Another
16
"l"U't~ - ~~bVLAK ~11' ~UMMlSSIOH MEETING
BOYNTON lEACH. FLORIDA
AUGUST 18. 1992
problem is when the Knuth Road and the Tara Oaks projects were brought before a
prior Commission for approval, Mr. Kilday submitted this for consideration to
the Commission with the idea that the northern link would be an obligation of
the Knuth Road pce and the balance of the road to the south would be the obliga-
tion of the Tara Oaks property. When those projects came through for final con-
sideration they were all run through at the same time. There was no clear break
in the presentation and all of staff comments with respect to Knuth Road were
lumped under the Tara Oaks heading. As a result, approvals by the Commission
were subject to staff comments. During the course of going through the
Government approval process the residents of Stonehaven had certain concerns
about several of these projects. A meeting was held and a written agreement was
submitted to the Commission and incorporated into the overall approval, which
indicated that when the Knuth Road Shopping Center was built, Mr. Winchester
would pay for the construction of a wall and landscape buffer that would run the
length of the Stonehaven project, at a cost well in excess of $100,000. The
reason it was set up that way was because when the probjects were brought before
the Commission, they were presented with the idea that the northern link would
go to the shopping center parcel to spread out the economic burden of building
that much road between the two projects. The situation is that staff comments
say the entire length of Knuth Road must be built with the multi-family site;
however, an agreement with the homeowners exists that was incorporated into the
approval that says the trigger for the wall is the construction of the shopping
center site. One possible outcome of this would be that if City Commission
decides not to change the requirement and grant this request, when the apartment
site is built, Stonehaven will have the road go through but they will not have
the landscape or wall buffer and will not be able to get them until the shopping
center is built. Since the road is not an obligation of the Knuth Road Shopping
~enter site, that shopping center could be developed and there would be a buffer
but no road. Impact fee credit has been applied for but no response has been
received to date. Mr. Schroeder advised that it is going to be necessary, per
the County, that a turn lane on Woolbright Road be constructed when the second
portion is built, and even if impact fee credit is given for Tara Oaks, it will
not be sufficient to cover the cost of the road and will fall short by around
$100,000.
Mayor Weiner read a part of Richard Staudinger's August 14, 1992 letter to
Mr. Cutro and asked if the missing link he referred to is the road over the
canal. Mr. Staudinger advised it is the northern portion of it. Mr. Staudinger
said this is his recommendation on how to proceed to protect the City from
entering into a situation which (1) the County might fight because they have not
been a party to it, and (2) that might result in a road that is partially built.
He said if there is an amenable way to work this out with the County's roadway
standards to be able to distribute those costs between some other properties,
that certainly should be considered but advised the City Commission not to do
anything that would allow that road to be built in sections where we might not
have it connecting when development occurs.
In response to Vice Mayor Matson's question about possible problems the City
might face, Attorney Cherof advised that these are very clearly set forth in
Mr. Staudinger's letter. The City could end up with a situation where there is
a missing link and the City could be in a position of not being able to compel
that portion of the road to be built according to its timetable.
17
"!"UI~~ - ~t~u~ ~11' ~OMMlSSIOH MEETING
BOYNTON BEACH, FLORIDA
AUGUST 18. 1992
Commtsstoner Walshak asked tf there was any way the City can bond the road.
Mr. Staudinger stated there is a PUD on the south end and a PCD on the north
end. The property owner would like to split those obltgations. He dtd not know
if there is any ability for the City to require a bond from that PCD unless they
are ready to move forward and develop. Commissioner Walshak wondered if the
developer would agree to place a bond on the PCD. Mr. Schroeder stated that
bonds are very dtfftcult to obtain nowadays and one would almost have to put up
cash collateral equal to the amount of the bond, which means the applicant might
as well build the road. He did not think the Commtssion is in a position to
require the Knuth Road PCD owner to build the entire road if he comes on line
first. In fact, Mr. Schroeder thinks the opposite is the case and if that
shopping center comes on line first, there is no obligation for them to build
any portion of the road whatsoever. He hoped the Commission would bear in mind
that this is a special situation because the propery owner is being required to
build about 1,200 feet of road when his property does not front on it and it
really should have been built when Stonehaven was done, under the City sub-
division regulations.
Mayor Weiner asked Mr. Staudinger what he estimates the cost of that missing
link to be. Mr. Staudinger had not prepared an estimate and has seen no cost
estimates. Mr. Schroeder said according to Rick Rossi, the cost of that
northern link, including the cost of culverting and crossing the L25 canal, is
in the vicinity of $110,000, in addition to a like number for building a wall
for the homeowners when that was done.
Commissioner Aguila asked if the original obligation to construct Knuth Road lay
with Tara Oaks. Mr. StaUdinger answered in the affinmattve, saying it is
clearly stated in the Master Plan and the records. If the Commission wishes to
try to modify an agreement, that can be explored. He recommended not doing
anything further without getting the County involved. Mr. Schroeder pointed out
that he has seen copies of staff comments from 1988, and it was recognized that
the problem with the northern link existed then, but the City placed the burden
for all of Knuth Road on the Tara Oaks property and said the City should try to
help the developer get impact fee credit for the cost of the road. The Knuth
Road property was in the County at that time, not the City. Commissioner Aguila
said Tara Oaks accepted that condition at that time and the City has and is
helping the developer get those impact credits. Therefore, nothing has changed
other than the economy.
In response to Mayor Weiner, Mr. Staudinger said it is his recommendation that
if the City Commission directs him to move forward to explore an agreement to
get this road built that the County be included in this process. Commissioner
Aguila pointed out that the City could still end up with a missing link, with or
without the County's blessing. He wondered if the City would have any leverage
in getting the properties on the north side of the L25 canal (the Knuth Road PCD
or the Boynton Beach 80ulevard PCD) to extend that road from where it ends now
to the L25 canal if they were to build. Mr. Staudinger believed the Boynton
Beach Boulevard PCD is on the other side of the road and is not near this sec-
tion of Knuth Road. Therefore, he did not see any way an obligation can be tied
in there at all. As far as Knuth Road, he thinks there might be some direction
the City can pursue, since the road is nearby. However, he did not know of any
18
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 18, 1992
development requirement in the approval of that pce which spoke specifically to
building this road.
Commissioner Aguila feared that if the City Commission modifies the approval of
Tara Oaks building the entire road and cannot require the Knuth Road pce to
build it, that there will be a missing link and nobody will be willing to build
it. Mr. Staudinger believed the reason this came up is because the same pro-
perty owner controls both parcels and that would be the key to getting the
construction costs split, which would be a little more acceptable to the cost
per unit and would also insure that the City would wind up with a missing link.
Mr. Schroeder said Mr. Winchester would have no objection to treating this as a
modification of the approvals for both properties if the follwing is imposed on
the Knuth Road PCD: The obligation to build the northerly link when the
shopping center parcel is developed, and modifying Tara Oaks to remove the
northerly link from that approval. Mr. Staudinger pointed out that this does
not address the City.s concern about what happens if one develops and the other
does not. There would then be half a road. Mr. Staudinger thinks more needs to
be added to that agreement, such as assurance that if a number of years pass
with one development moving forward and the other one not moving forward that
there is some mechanism to build that road, whether it be by bonding or by
limiting the number of units that can be built in the first phase of Tara Oaks
before something happens on the road on the north end. Commissioner Aguila
suggested finding out the County's reaction and having further discussions with
the people that control the property before proceeding.. Mr. Staudinger said if
the Commission wants to explore an agreement, he can talk to the property owner
over the next couple of weeks.
Motion
Mayor Weiner passed the gavel and moved to table this item in order to give the
City more time to explore this situation. If this can be done before the next
Commission meeting, she will be happy to call a special meeting to move this
ahead if it is found feasible. Commissioner Hanmening seconded the motion which
carried 5-0.
Commissioner Walshak pointed out that this matter is supposed to go back to the
Planning and Development Board and that the only decision the Commission is
being asked to make is whether or not this is a minor modification, along with
giving some direction to the Planning and Development Board. He questioned if
what the Commission 1s d01ng 1s proper procedure. Attorney Cherof felt it could
be approached th1s way because to reach a detenmination whether it 1s major or
minor, many factors need to be taken into consideration, including whether an
agreement can be reached to 1nsure that the road 1s built within a reasonable
period of time. If such an agreement can be reached, then the City Commission
may construe this to be a minor modification. On the other hand, if there is no
agreement, the City Commission may consider the delay of the road being built or
the possibility that it may never be built under these proposed conditions to be
a major modification.
MAYOR WEINER DECLARED A RECESS. THE MEETING RESUMED AT 9:25 P. M.
19
.. ~ ...
PLANNING & ZONING DEPARTMENT MEMORANDUM *92-170
FROM:
J. Scott Miller
City Manager
\~t>-~~J e:t:T
Chri topher Cutro
Planning & Zoning Director
TO:
DATE:
August 13, 1992
RE:
Tara Oaks Master Plan Modification regarding
condition for construction of Knuth Road
Michael Schroeder, who represents Bill Winchester, the owner of
the Tara Oaks PUD and the Knuth Road PCD, is requesting to change
a condition to the Tara Oaks PUD which requires Knuth Road
between Woolbright Road and Boynton Beach Boulevard to be
completed in conjunction with the PUD.
The owner is requesting to split the responsibility for the
construction of Knuth Road between the Tara Oaks PUD and either
the Knuth Road PCD or Boynton Beach PCD. When Tara Oaks is
built, Knuth Road, up to the L-25 canal, would be constructed.
When either the Knuth Road PCD or Boynton Beach PCD are built,
the canal cross and the north section of Knuth Road would be
built.
There are some thoughts we have regarding this request that we
believe should be considered in the review.
First, if either one of the PCD's or the PUD is never built, the
road will be incomplete and it may fall to the City to complete
the road. As a part of this, the impact of the road not being
completed should also be considered. When the PUD and PCD were
approved by the City, a traffic analysis that included this road
was submitted. The assumption was that Knuth Road would take
trips off of Congress Avenue and assist in maintaining an
acceptable level of service. If Knuth Road is not completed,
then future developments in the Congress Avenue corridor could be
affected.
On the other side of this argument, it is our understanding that
the residents of the Stonehaven PUD would like to delay, for as
long as possible the construction of Knuth Road because impacts
of the road will be felt by some residents in that PUD.
Planning & Zoning Memorandum #92-170
August 13, 1992
This request has been reviewed by the members of the Technical
Review Committee and the only comments regarding this request
were from the Engineering Department. These comments basically
mirror our concerns stated earlier in this memorandum.
This request is minor in nature and should be forwarded to the
Planning and Development Board as such. However, we believe that
the City should give direction to the Board on how to dispose of
this item.
This item has been scheduled for City Commission consideration on
August 18, 1992.
CC/jm
A: TARAOAKS.JM
Klldey & Aaociates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
JunE> 10, 1q92
Mr. Christopher eutro
Planning and ~oning Director
Roynton Reach City Hull
PO Hox 31()
Boynton Rnar.h, FL 33425-0310
Re: Tara Oaks pun, Knuth Road pro,
Roynton Reach Rlvd. PCD
Dear Mr. eutro,
On behdlf of the applir.ants we are requesting minor
ampndmpnts to the master plans of the above noted
planned devE-dopment,s.
\
Currently. the construction of Knuth Road from
Woolbright Road. on the south. to its current terminus
near the p.ntry to stonehaven pun, on the north, is a
condition of the Tara Oaks PUD. We are requesting that
this condition be amended to require construction of
Knuth Road from Woolbright Road. inr.luding the crossing
over the L-/.5 ("anal. to the north property line of Ta.ra
Oaks, and that of Tara Oaks mav construct the remaining
portion of Knuth Road including the crossing over the
L-26 Candl.
The conditions of the Knuth Road Pr.D and the Boynton
Rearh Blvd. pcn should be revised to permit either
projert to r.onstruct Knuth Roarl but, '..vhichever project
proceeds first should be required to construct the
remaining portion of Knuth Road from the north property
line of Tara Oaks to the existing terminus at the entry
to Stonehaven PUD including the crossing over the L-26
canell unless it has already been completed by Tara Oaks
pun.
RECEIVED
JUN 1 5 1992
Christopher entro
June 10. 1992
Page 2 of 2
This request will not create any change in impacts to
any of the ahnve noted devpJnpmnnts.
If you have any questions or require ac'lditional
inFormation, please don't hesitate to cdll.
Sinrerely,
Kieran J. Kilday
KJK/dm
cc: Bill Winchester
Mike Schroeder
File 799.5
File 799.9
File 799.10
SCHROEDER AND LARCHE, P. A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ROAD
BOCA RATON. FLORIDA 33431-7313
BOCA RATON 1407) 24\ -0300
PALM BEACH COUNTY (407) 833 - 5605
BROWARD COUNTY (305) 42\ -0878
TELECOPIER 1407) 24\ -0798
MICHAEL A. SCHROEDER
W. LAWRENCE LARCHE *
* FLORIDA BAR BOARD CERTIFIED
ESTATE PLANNING AND PROBATE LAWYER
August 3, 1992
J. Scott Miller, city Manager
city of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425
Re: Tara Oaks/Knuth Road Construction
RECEIVED
AUG 5 1992
CITY MANAGER'S OFFICE
VIA TELECOPIER (1) 738-7459
-
Dear Scott:
As you know, Knuth Road, south of Boynton Beach Boulevard,
currently extends to the entrance to the Stonehaven residential
development. The city Comprehensive Plan contemplates that Knuth
Road is eventually to be built through to Woolbright Road. While
the facts surrounding the situation are somewhat complex, our
request is relatively simple. In a nutshell, we are in a
situation where the obligations imposed upon the owner of the
Knuth Road P.C.D., pursuant to an Agreement with the Stonehaven
Homeowner's Association which was incorporated into the city's
project approval, are inconsistent with the requirement that the
Tara Oaks project be saddled with the burden of constructing all
of Knuth Road. Our request is, therefore, that the City
commission clarify the situation by imposing upon the Tara Oaks
mUlti-family site the obligation to construct Knuth Road from the
south side of the L-25 Canal to Woolbright Road, with the
understanding that this portion of the road can be built in two
phases, as already approved by the city, and imposing the
obligation for the construction of Knuth Road from the south side
of the L-25 Canal north to the already constructed portion of
Knuth Road, upon the owner of the Knuth Road P.C.D. with
construction to be a requirement or condition of platting.
For some reason the developer of the stonehaven P.U.D. was
not required to construct the road the entire length of the
project. As a result, the city has had to look to the owners of
properties that don't even front on the unconstructed portion of
the road adjacent to Stonehaven for its construction.
J. Scott Miller, city Manager
City of Boynton Beach
August 3, 1992
Page 2
As you may recall, the Tara Oaks P.U.D. zoning approval was
processed through the City at the same time as the approvals for
annexation and zoning for the Knuth Road P.C.D. Since imposing
the obligation to build all of Knuth Road on the Tara Oaks
property made development not economically feasible, at the time
those two projects were presented to the City for approval, the
proposal was made that Tara Oaks would have the obligation to
construct Knuth Road from Woolbright Road, north to the south
line of the Lake Worth Drainage District L-25 Canal and that the
crossing of that canal and the construction of the northerly link
of Knuth Road would be the obligation of the Knuth Road P. C. D.
Notwithstanding the fact that the projects were proposed in this
manner, references to Knuth Road in staff comments were all
included in the comments pertaining to the Tara Oaks P.U.D. and
as a result, when City commission approval was given,
incorporating staff comments, the obligation to build the entire
length of Knuth Road was, technically, imposed upon the Tara Oaks
project.
At the time the project approvals for those two projects
were being processed through the City, the City wanted to be sure
that the concerns of the residents of Stonehaven were addressed.
As a result, the applicant and the Stonehaven Homeowner's
Association entered into a written Agreement, a copy of which was
provided to the City and was incorporated into the project
approvals. The residents of stonehaven strongly objected to the
completion of Knuth Road adjacent to their development, but the
Commission recognized the need for the eventual completion of the
road once the Tara Oaks and Knuth Road properties were both
developed. In order to lessen the impact of the road on these
homeowners, however, my client and the Association agreed upon
certain improvements to serve as buffers. Since it had, from the
outset, been contemplated that the portion of Knuth Road lying
adjacent to Stonehaven would be constructed in conjunction with
the development of the Knuth Road P.C.D., the agreement with the
Stonehaven Homeowner's Association requires that walls and
landscape buffers be installed, at the developer's expense,
between the road right-of-way and Stonehaven at the time that
development of the Knuth Road P. C. D. is undertaken. Thus, any
requirement that the northern portion of the road be built in
conjunction with development of the Tara Oaks project would
resul t in the road being built along the Stonehaven property
without triggering the requirement, under the Agreement with the
Homeowner's Association, that the requisite wall and landscape
buffer be installed as the Knuth Road P.C.D. may not be in
development at that time.
J. Scott Miller, City Manager
City of Boynton Beach
August 3, 1992
Page 3
Please advise if there is any
provide to assist in the city's co
MAS:cl
Encl.
cc: Mr. Bill R. Winchester
(Ltr\miller.lt2)
Kilday & Associates
Landscape Architects! Planners
1551 Foru m Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
Jlmp 10, 1 q92
1\1r. Chr i stopher Cutro
Planning and ~nning nirprtor
Roynton Reach City Hdll
PU Hox 310
Boynton R0arh, FL 33425-0310
Rp: Tara Oaks PUD, Knuth R,.ad p(~n,
Roynton RRach Rlvd. PCD
nRar Mr. eutro,
On hRhdlf of the applirants we are requesting minor
ampndmpnts to the master plans of the abovp noted
plannpd devplopmen~s.
\
Currpntly, the construction of Knuth Road from
Woolbright Road, on the south, to its current terminus
nRar the entry to stonehaven pun, on the north, is a
condition of the ~ara Oaks PUD. We are requesting that
this rondition bp ampnded to require construction of
Knuth Road from Woolbright Road, including the crossing
over the L-75 ranal, to the north property line of Tara
Oaks, and that of Tara Oaks may construct the remaining
portion of Knuth Hoad including the crossing over the
L-26 Candl.
The conditions of the Knuth Road prn and the Boynton
Reach Blvd. pen should be revispd to permit pither
projert to ronstrurt Knuth Haad but, whichpvpr project
procepds first should be required to construct the
remaining portion of Knuth Road from the north property
line of Tara Oaks to the existing terminus at the entry
to Stonehavpn PUD including the crossing over the L-26
randl ullless it has already been completed by Tara Oaks
PO]).
REceIVED
JUN 1 5 1992
Christophpr eutro
June 10. 1992
Paqe 2 of 2
Th is request \.v i 11 not create any change in impacts to
any of the ahove notpd devpJopm0nts.
If you have any questions or require arlctitional
information, please don't hesitate to cdll.
Sinrerely,
cc: Bill Winchester
Mike Schroeder
File 799.5
File 799.9
File 799.10
PRElIMIN'ARY
TECHRtCAl COMMITTEE
FOR SirE PLAtt It IEW
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Fire Dellt . DateJ" ./ 11/
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P. W. Dept ,p~,!.;~): latA -t;f9r
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City M<<r. - ..'-
tGrf~tu : 1<~1I- UliT'~7~~2.~
G/ -
Kieran J. Kilday
KJK/dm
ENGINEERING DEPARTMENT MEMORANDUM NO. 92-164
TO: Chris Cutro
Planning & Zoning Director
FROM:
Michael E. Kazunas
City Engineer
/If e:s-
DATE: June 29, 1992
RE: Tara Oaks PUD, Knuth Road PCD and Boynton Beach Boulevard PCD
This department's concern is that Knuth Road is not constructed in
its entirety, but,
a) is never build if Knuth Road PCD is constructed and Tara Oaks
PUD is delayed or cancelled,
or
b) constructed in segments and not completed until both projects
are completed, which is the way we read the June 10, 1992
correspondence.
We have no objection to any agreement which completes Knuth Road in
its entirety, conditioned on the completion of either project.
MEK/ck
#
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ENGINEERING DEPARTMENT MEMORANDUM NO. 92-190
TO: Christopher Cutro
Planning & Zoning Director
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RECEIveD
JUt 1 7 1992
DATE: July 16, 1992
RE: Technical Review Committee Comments
Tara Oaks, P.U.D.
Construction of Knuth Road from Stonehaven Drive South to
Woolbright Road
Requested Master Plan Modification
Postponement of Remainder of Knuth Road from North Limits of
Church Parcel to Stonhaven Terminus
Division of Construction Obligation from Tara Oaks to the
Boynton Beach Boulevard and the Knuth Road P.C.D.'s
The Engineering Department, for the City of Boynton Beach, Florida,
has reviewed the applicant's submittal letter of June 10, 1992,
relative to postponing the construction of Knuth Road by distributing
the obligation to build the subject roadway amongst two other vacant
parcels of land, that being Knuth Road PCD and the Boynton Beach Blvd.
PCD.
The Engineering Department objects to the proposed Master Plan
modifications based upon the following:
1. The original obligation to construct Knuth Road from its terminus
near Stonehaven Drive south to Woolbright Road, including crossings
over the LWDD L-25 and L-26 canals, was a condition of approval
for the original Tara Oaks PUD Master Plan/Rezoning. This obliga-
tion is so noted on the face of the original approved Master Plan.
(see attached Master Plan) Although Mr. Winchester may be the
property owner of the three parcels of land subject to this review,
Mr. Winchester may not always be the owner and by distributing and
dividing the responsibility to construct Knuth Road to the PCD's
which were not originally obligated, may pose a serious future
problem for the City should Mr. Winchester sell the two PCD's and
the successors in title object to constructing Knuth Road based
upon Tara Oaks original responsibility to do so. It should be
noted that Knuth Road PCD and Boynton Beach Blvd. PCD were not
obligated to construct any portion of Knuth Road.
2. The City of Boynton Beach, Florida has no guarantee whatsoever
that the Knuth Road PCD and the Boynton Beach Blvd. PCD will ever
be constructed, therefore, should the construction of Knuth Road
be postponed by dividing the obligation amongst the two PCD's,
Knuth Road may remain a partial road for many years.
3. The conditions of approval for the construction of Knuth Road,
from Stonehaven Drive south to Woolbright Road, including the
crossings over the LWDD L-25 & L-26 canals are a requirement
of Palm Beach County's Traffic Performance Standards as so noted
upon the face of the Master Plan. The impact of Tara Oaks PUD,
according to PBC Traffic, is subject to the provisions of the
Traffic Performance Standards and as I recall this project was
submitted well after the deadline which effectuated the imple-
mentation of the Traffic Performance Standards adopted by the
County Commission. (see attach. Master Plan Traffic Perf. Statement)
4. The most important factor in requiring the Tara Oaks PUD to con-
struct Knuth Road, from Stonehaven to Woolbright Road (when the
multi-family parcel is developed), is that currently Congress
Avenue is at or near capacity relative to traffic volumes. If
Engineering Department Memorandum No. 92-190
TRC Comments - Tara Oaks PUD
July 16, 1992
Page #2
the road is only partially completed, as requested by the
applicant, residents desiring to travel east on Boynton Beach
Blvd., will in all likelihood, exit onto Woolbright Road and
enter onto Congress Avenue further adding to the roadway's over
capacity as they attempt to access Boynton Beach Blvd. Constructing
Knuth Road in its entirety will lessen the impact on Congress Avenue,
by providing an adequate and suitable north/south roadway providing
easy access to both Woolbright Road and Boynton Beach Blvd.
Allowing the applicant to divide this obligation amongst many other
non-related parcels of land, will set a precedent which may destroy
the City's ability to ever compel developers, who own more than one
parcel of land in our City, to build a continuous roadway system
which relates solely to one parcel and not all others owned by the
developer. Example: one developer who owns 5 or 6 vacant parcels
of land could postpone and delay construction of a required roadway
indefinitely, therefore, the applicant's request should be denied.
The only aspect of the applicant's request which might benefit some
citizens of Boynton Beach is that should the roadway not be constructed
from Woolbright Road to Stonehaven, the residents of Stonehaven will
not be affected by motor vehicles traveling past their community.
The small number of Stonehaven residents who would benefit if the
construction of Knuth Road were to be postponed is insignificant in
comparison to the general public at large who would benefit from the
subject roadways completion.
The applicant should be required to construct Knuth Road, from Woolbright
to Stonehaven, when the multi-family portion of the Tara Oaks PUD
commences construction (if a site plan is approved). Should the City
Commission approve the applicant's request to divide the obligatiun
amongst the two other vacant parcels of land, I would then recommend
that all three Master Plans be modified to reflect the required
obligation and that Mr. Winchester be compelled to provide surety in
an amount equal to 110% of the cost associated with constructing the
entire roadway within a reasonable time frame, irrespective of the
status of Boynton Beach Blvd. PCD and Knuth Road PCD. In order to
accomplish the submission of a performance bond requiring the con-
struction of Knuth Road in its entirety, the Engineer of Record,
that being Rossi and Malavasi Engineers, Inc. would be responsible to
submit a line item Certified Engineers Opinion of Cost for construction
of the subject roadway, which shall include submission in the form of
monies made payable to the City of Boynton Beach, Florida for installa-
tion of an appropriate street lighting system to be designed by FPL.
The monies submitted to the City of Boynton Beach shall be US Dollars
in an amount equal to 125% of the costs associated with installation
of the lighting system.
l \~~...AA~~
Vincent A. Finizio 0
VAF/ck
cc: J. Scott Miller, City Manager
W. Richard Staudinger, P.E., Gee & Jenson
Michael Haag, Site Development Administrator
Andy Hertel, PBC Traffic Division
attachment: Master Plan notation regarding required construction of
Knuth Road from Stonehaven Drive south to Woolbright Road,
including crossings over the LWDD L-25 & L-26 canals
Master Plan Traffic Performance Statement
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CANAL CROSSING
CONNECT TO PROPOSED WOOLBRIGHT ROAD
I'
· NOTE: Knuth Road to be constructed from Its existing
terminus n.ar St~nehaven Drive south to Woolbright Road,
Including croaalng. ov.r the L. W .0.0. L-25 and L-28 cana.a,
and the construction of an 8' bike path on the east aide
and a 4' aldewalk on the weat aide.
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Blvd~ a8 required by city codes.
.....
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-239
November 23, 1992
TO: J. Scott Miller, city Manager
~~
FROM: Christopher Cutro, planning and Zoning Director
RE: Modification to Tara Oaks PUD regarding construction of
:Knuth Road
I have reviewed the proposal from Michael Schroeder regarding the
construction of Knuth Road as part of the Tara Oaks PUD.
At this point, I would concur with the comments made by Richard
Staudinger regarding the proposal (see attached). However, it
might be useful for the City Commission to comment on this proposal
so that we can give Mr. Schroeder some specific input on the
proposal itself.
In the meantime, we will work with Mr. Schroeder in an attempt to
clarify the proposal before the December 1st meeting of the City
Commission.
If you have any questions regarding this matter, please feel free
to call me.
CC:ald
1 1. 2 O. 92
05:02 p1..1"
>t<GEE &. ,JENSON
POl
...
n
MEMORANDUM
TO:
FROM:
Chrls Cutro. Plannrng Director I
W. Richard Slsudlnger. City Englne'c t -.P
November 20, 1992 .
DATE:
RE:
Tara Oaks PUD{Knuth Road Constructfon
Chris, I heve reviewed the letter of 11/13/92 from Mr. Schroeder to your:self concemlng
this roadway project. The letter Is not completely clear In many of the areas discussed.
specifically, under the approach on the second page, Item #3, the developer should
expand on what his Intentions are. Also Item #4, on page 3, requests that we allow road
construction without a bond in place. I have a phit060phlcal,problem with that, not to
mention a oode problem. Item *5 on pege 3 eeems to Indl~e the develcper wants to
have everything vested even though no construction may occur on Knuth Road or any
of the developments, I don.t thinK this Is a good preCedent for the City.
Also, 8S 8 reault of our initial discussions on this project, the developer promised to
forward with his request a complete oost estimate of the road construction and an e)(hlbit
detailing the specific pieces of the road which were to be constructed or tied to speoiflC
PUO's. None Of this Information was Included In this submittal. I think it is crucial to be
able to advise the City Commission with a cost estimate and exhibit outlining the phasing
and pieces of this roadway oonstnJdion. Therefore, I suggest you contact the applicant
and request heolarify the above items and submit a complete cost estimate and e)(hlblt
so we can properly evaluate thl$ proposal.
WRS/bf
g2-025/207
GEE & JENSON
..
RECEIVED
NOV 23
PLANNING DEPT.
I
NOV-13-'92 11:20 ID:
LAIAi OFF ICES
TEL NO:407-241-079S
l:I862 P02
SCHROEDER AND LARCHE, p, ^.
A1iORNEYS At LAW
ONI; llOCA PLACE. SUiTt] 19 - ATRIUM
2255 CLADES ROAP
BOCA RATON. F'LOll!IDA 33411-7311
~Aft ...U.......1'II9 P\I'ICI ~1IJ"8^~ LAWYt:R
tOCA IIATON 14011 2.1 -0'00
PALM IlACll'.COU,.TY 14071IJJ-5605
INlQW^IlD COUNTY ,'0" ~;ll -!lilTS
T'IlLt<<>~I~a (0407, 141.0198
MI(M^t~ A. :K:nIlDED!:1l
.... LAWII!::W" ""'I\(HB .
. FLOIlI[)A BAlI aQ.t\t" "zUFI[D
November 13, 1992
VI:A TBLBCOPXER (1) 738-7459
Hr. Chri8topher outre
Director of Planning
City of Boyn~on BeaQh
Poet Office Box 310
Boynton Beach, Florida 33425
Re: WincheBterlK:nuth Road PCD
DeGr dud..;
I apologiit8 fer the d.elay in responC1inq to your several
request. with respect to the issue ot xnuth RoaO. AS you KnOW,
in August I cQrreBpondec1 with the city I!ani!lqer reqar<11ng the
Knuth Road construction obligation. A copy of that letter is
being torwarded to you with this letter.
A brief summary of the situi!ltion is as follows:
1. The City Comprehensive Plan contemplates thi!lt Knuth
Road will eventually be built through to connect Boynton Beach
Boulevard and Woolbright Road.
2. contrary to the requirements of applicable Codes and
Ordinances, the City failed to require the developer of the
Stonehaven PUD to construct Knuth Road along the entire length of
the Stonehaven project.
3. Since the property now known as Knuth Road PeD, located
at the intersection of Boynton Beach Boulevard and Knuth Road,
was not then in the city, the. city had no other property upon
which to place the burden of completing Knuth Road other than the
Tara Oaks POD. Thus, the Tara oaks POD has been saddled not only
with the obligation to build Knuth Road adjacent to the Tara Oaks
project, but also to build the unfinished portion of Knuth Road
adjacent to the stonehaven POD.
NOU-1J-'92 11:21 ID:
LAW OFFICES
TEL NO:407-241-0798
;;862 P03
Mr. Christopher C!utro
Diraotor of Planrdng
City of Boyn~on Beach
Nov.mb.r 13, 1992
paqa 2
4. Plaoinq 'thia Qbliqaeion upon Tare Oake PUD plDees a.n
unfair and un2:"eaaonabl. economic burden on that. project and iEl
siqnifioantly hindaring efforts ~o sell the prope~y to an
apartment developer and have ~e projeo't buil't and added to the
t.ax rolls.
5. Our Auguat request: to Soott: Miller was that t.he City
modify tho obliqat:ion ~it:h re.peot: t:o Knuth Road construction so
thai: the Tara Oaka PUD would have the obligat.ion to build. the
portion of Xnut.h R.oad adjaoen't to t.hat property and, since the
Knui:h Road peD haa now been annexed into t.he City, that tne Knuth
Road POD be obliga'tGd to build the r..ainder.
Aa you know, 'the JIUltter WDB .broug-ht betore the C1ty
commission for oon.iaeration and concerns were raised by the city
Engineer and questions were asked by various comm1ssioners
rec;arding how the Ci ty could be aliBured that the road WOUld
eventually be comple'ted if approval was given to divide the road
oonstruction obligation and per.Rit the road to be constructed in
phase.. The tt1ct:ter was tabled and we agreed to work with
representatives of the city and the county to attemp~ to reach a
resolution t:hat: ade2reBEled both our concerns and those of the
City. After meetin9 with you and tne city Enqineer, we then had
our ehqineer discuss the issue with representatives of the County
Engineer's Office and sill Winchester, RiCk Rossi and I then
attended a. meeting witn Mr. HUrtel and Mr. Walker at County
Engineering.
As a result of our various meetings, we believe that we
now been able to structure an approach to the problem
SUbstantially addresses the concerns of all involved.
suggested approach 1s as follows:
1. Construction of the portion ot I<nuth Road lyinq
adjacent to the Stonehaven POD would be a requirement of any plat
approval for the shopping center (excluding service station),
portion of the Knuth Road PCD.
have
that
Our
2. The obl igation to
adjacent to the Tara Oaks
requirement of any plat
development.
3. xnuth Road would also be permitted be built in t.hose
salle two phases or all at one tille, at any time prior to plat.
approval for either or both projects.
build that portion of Knuth Road
PUD mUlti-family site would be a
approval for that mUlti-family
NOV-13-'92 11:22 ID:
LAW OFF I CE~3
TEL NO:407-241-079S
1:1862 P04
Mr. Chri.~opher CU~ro
DirActo~ Of P1annin9
ci t:y of Boyntem Beaoh
Novoaber 13, 19D2
Page 3
-4.. I~ Knuth Road i. tQ be built in phases, whether in
conjunot:.ion wit:h ple:t.t;inq or otherwise, the par~y ow1ng the
proport;y havinq ~h. obligation to bu114 the second phase shall
to. required. to bond const.ruction ot the second phase within
t.hi~y (30) cla.y. af~.r cOJap18tion and acceptance of th. first.
ph.... xl the first pha... i. conllf;ructed ether t:.nan as a result
of a requirement impoaed by an approved plat, no bonding shall be
required wi'th rel!llpect. to the construC1:1on Qf that phase. It
shall be a. requirement that the second phase of Knuth Road be
built wi~hin four (4) yearB alter completion Of the f1rst phase.
5. This proposal has been structured based upon the
assumpt.ion by the prOp8rty owners that they will be able to
develop their properti8s .a presently zoned and approved, as it
is only from such development that the necessary resource. can be
obtained to PAY the cost associated with the. road construction.
'I'hi. being the case, we need the city to agree to grant all tilDe
exteru5ions, AS necessAry, in lieu or co...ncing construction or
pla~tin9, ~o mAintain in ettect the va11dity of all develop.ent
orders and .ite plan approvals with respect to the Knuth Road peD
and Ta:ra oAks POD or any portions thereof.
6. Th8 property owners' agreem.ent to this proposal is
conditioned upon receiv1nq approval from the County Commission
for impact tee cre~it with respect to costs incurred in
conjunQtion witn construction of Knuth Road aqainst impact fees
for the Knuth Road PCD and Tara Oaks PUD or, it the road or any
portion thereot' 1s built by SOI\e. person or entity other than a
developer ot all or any portion of those parcels for
reimbursement to be made for costs incurred in conjunction with
the development of Knuth Road troll the impact fees paid with
respect to the PCD and POD. Mr. Walker and Hr. Hurtel of t.he
county Enqineer's office a.cknowledged that the County EnqinAer
WOUld support such a request for impact tee credit when prss@nted
to the County COlllllission for approval, but indicated t.hat in
order for the matter to be presented to the County Commission,
the City needs to adopt a resolution rQciting variQu~
justifications for giving impact fee credit for the ocnstruc~ion
of Knuth Road and requestinq that the Count.y Comais8ion give suoh
credit.
NOV-13-'92 11:22 ID:
LAW OFFICES
TEL NO:407-241-0798
**862 P05
Hr. Chrietopher CUi:ro
Oireotor Of Planning
City of Boynt.on. Beach
November 13, 1992
paqe 4
Chris, a:!ter you helve hcu! Gn
letter I please call 1Ie .Q that we
prOCeed toward concludinq tb1.
assistance 1s greatly appreciated.
Qpponuni ty to reyiew this
.0. ai.cus. i1: a.nd how we
a~ As alway., your
MAS:cl
Encl.
cc: Hr. J. Scott Miller, city Kanaqer, v1a telecopier
Mr. Enrico Rossl, P.E., via te1ecop1er
Mr. Bill Winchester
(Ltr\cutro.ltl)
r)J~
n
ff--'
I
MEMORANDUM
FROM:
Chris Cutro, Planning Director
W. Richard Staudinger, City Engin~'c t.....JJ
November 20, 1992
TO:
DATE:
RE:
Tara Oaks PUD/Knuth Road Construction
Chris, I have reviewed the letter of 11/13/92 from Mr. Schroeder to yourself concerning
this roadway project. The letter is not completely clear in many of the areas discussed.
Specifically, under the approach on the second page, Item #3, the developer should
expand on what his intentions are. Also Item #4, on page 3, requests that we allow road
construction without a bond in place. I have a philosophical problem with that, not to
mention a code problem. Item #5 on page 3 seems to indicate the developer wants to
have everything vested even though no construction may occur on Knuth Road or any
of the developments. I don't think this is a good precedent for the City.
Also, as a result of our initial discussions on this project, the developer promised to
forward with his request a complete cost estimate of the road construction and an exhibit
detailing the specific pieces of the road which were to be constructed or tied to specific
PUD's. None of this information was included in this submittal. I think it is crucial to be
able to advise the City Commission with a cost estimate and exhibit outlining the phasing
and pieces of this roadway construction. Therefore, I suggest you contact the applicant
and request he clarify the above items and submit a complete cost estimate and exhibit
so we can properly evaluate this proposal.
WRS /bf
92-025/207
........
~."
CE%n
Noll 24
PiA
IVtvlNG "
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-201
FROM:
J~t~lA-- City Manager
Christopher Cutro, Planning and Zoning Director
TO:
DATE:
October 15, 1992
SUBJECT:
Master Plan Modification regarding the construction of -
Knuth Road as part of Tara Oaks PUD
As I indicated in a previous memo, I contacted Michael Schroeder
and Bill Winchester regarding this item.
Mr. Schroeder indicated to me that prior to making a new proposal
he wants to meet with Palm Beach County regarding impact fee
credits. This meeting has been scheduled for the week of October
19th.
Based on this he expects to have a new proposal back to the City
for review during the week of October 26th. This means that the
City Commission could expect to review this proposal at its first
meeting in November.
I will continue to stay in touch with Mr. Schroeder in an attempt
to keep this item on schedule.
CC:cp
PLANNING & ZONING DEPARTMENT MEMORANDUM #92-190
TO:
J. Scott Miller
City Manager
tk.J..,t --,.. ~
Christopher Cutro
Planning & Zoning Director
FROM:
DATE:
October 1, 1992
RE:
Amendment of Knuth Road Condition in Tara Oaks PUD
On September 17, 1992, Richard Staudinger and I met with Michael
Schroeder and Bill Winchester regarding the modification of the
condition for the construction of Knuth Road as part of the Tara
Oaks PUD.
We discussed with them items such as splitting the bridge work,
future guarantees for road completion and time limits for
completion of the work.
It was decided that Mr. Schroeder and Mr. Winchester will structure
a new proposal for the modification of the condition for the
construction of Knuth Road for consideration by the City Commission
and Planning and Development Board.
As of September 30th, we have not received the new proposal for the
modification. I will contact Mr. Schroeder regarding this item in
an attempt to have this item rescheduled for the second meeting in
October.
If you should have any questions regarding this matter, please feel
free to call me.
CC/jm
cc: Vincent Finizio
Administrative Coordinator
of Engineering
A: KNUTHRD.JM
ENGINEERING DEPARTMENT MEMORANDUM NO. 92-190
TO: Christopher Cutro
Planning & Zoning Director
RECEIVED
JUl 1 7 1992
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
DATE: July 16, 1992
RE: Technical Review Committee Comments
Tara Oaks, P.U.D.
Construction of Knuth Road from Stonehaven Drive South to
Woolbright Road
Requested Master Plan Modification
Postponement of Remainder of Knuth Road from North Limits of
Church Parcel to Stonhaven Terminus
Division of Construction Obligation from Tara Oaks to the
Boynton Beach Boulevard and the Knuth Road P.C.D.'s
The Engineering Department, for the City of Boynton Beach, Florida,
has reviewed the applicant's submittal letter of June 10, 1992,
relative to postponing the construction of Knuth Road by distributing
the obligation to build the subject roadway amongst two other vacant
parcels of land, that being Knuth Road PCD and the Boynton Beach Blvd.
PCD.
The Engineering Department objects to the proposed Master Plan
modifications based upon the following:
1. The original obligation to construct Knuth Road from its terminus
near Stonehaven Drive south to Woolbright Road, including crossings
over the LWDD L-25 and L-26 canals, was a condition of approval
for the original Tara Oaks PUD Master Plan/Rezoning. This obliga-
tion is so noted on the face of the original approved Master Plan.
(see attached Master Plan) Although Mr. Winchester may be the
property owner of the three parcels of land subject to this review,
Mr. Winchester may not always be the owner and by distributing and
dividing the responsibility to construct Knuth Road to the PCD's
which were not originally obligated, may pose a serious future
problem for the City should Mr. Winchester sell the two PCD's and
the successors in title object to constructing Knuth Road based
upon Tara Oaks original responsibility to do so. It should be
noted that Knuth Road PCD and Boynton Beach Blvd. PCD were not
obligated to construct any portion of Knuth Road.
2. The City of Boynton Beach, Florida has no guarantee whatsoever
that the Knuth Road PCD and the Boynton Beach Blvd. PCD will ever
be constructed, therefore, should the construction of Knuth Road
be postponed by dividing the obligation amongst the two PCD's,
Knuth Road may remain a partial road for many years.
3. The conditions of approval for the construction of Knuth Road,
from Stonehaven Drive south to Woolbright Road, including the
crossings over the LWDD L-25 & L-26 canals are a requirement
of Palm Beach County's Traffic Performance Standards as so noted
upon the face of the Master Plan. The impact of Tara Oaks PUD,
according to PBC Traffic, is subject to the provisions of the
Traffic Performance Standards and as I recall this project was
submitted well after the deadline which effectuated the imple-
mentation of the Traffic Performance Standards adopted by the
County Commission. (see attach. Master Plan Traffic Perf. Statement)
4. The most important factor in requiring the Tara Oaks PUD to con-
struct Knuth Road, from Stonehaven to Woolbright Road (when the
multi-family parcel is developed), is that currently Congress
Avenue is at or near capacity relative to traffic volumes. If
Engineering Department Memorandum No. 92-190
TRC Comments - Tara Oaks PUD
July 16, 1992
Page #2
the road is only partially completed, as requested by the
applicant, residents desiring to travel east on Boynton Beach
Blvd., will in all likelihood, exit onto Woolbright Road and
enter onto Congress Avenue further adding to the roadway's over
capacity as they attempt to access Boynton Beach Blvd. Constructing
Knuth Road in its entirety will lessen the impact on Congress Avenue,
by providing an adequate and suitable north/south roadway providing
easy access to both Woolbright Road and Boynton Beach Blvd.
Allowing the applicant to divide this obligation amongst many other
non-related parcels of land, will set a precedent which may destroy
the City's ability to ever compel developers, who own more than one
parcel of land in our City, to build a continuous roadway system
which relates solely to one parcel and not all others owned by the
developer. Example: one developer who owns 5 or 6 vacant parcels
of land could postpone and delay construction of a required roadway
indefinitely, therefore, the applicant's request should be denied.
The only aspect of the applicant's request which might benefit some
citizens of Boynton Beach is that should the roadway not be constructed
from Woolbright Road to Stonehaven, the residents of Stonehaven will
not be affected by motor vehicles traveling past their community.
The small number of Stonehaven residents who would benefit if the
construction of Knuth Road were to be postponed is insignificant in
comparison to the general public at large who would benefit from the
subject roadways completion.
The applicant should be required to construct Knuth Road, from Woolbright
to Stonehaven, when the multi-family portion of the Tara Oaks PUD
commences construction (if a site plan is approved). Should the City
Commission approve the applicant's request to divide the obligatiun
amongst the two other vacant parcels of land, I would then recommend
that all three Master Plans be modified to reflect the required
obligation and that Mr. Winchester be compelled to provide surety in
an amount equal to 110% of the cost associated with constructing the
entire roadway within a reasonable time frame, irrespective of the
status of Boynton Beach Blvd. PCD and Knuth Road PCD. In order to
accomplish the submission of a performance bond requiring the con-
struction of Knuth Road in its entirety, the Engineer of Record,
that being Rossi and Malavasi Engineers, Inc. would be responsible to
submit a line item Certified Engineers Opinion of Cost for construction
of the subject roadway, which shall include submission in the form of
monies made payable to the City of Boynton Beach, Florida for installa-
tion of an appropriate street lighting system to be designed by FPL.
The monies submitted to the City of Boynton Beach shall be US Dollars
in an amount equal to 125% of the costs associated with installation
of the lighting system.
cc: J. Scott Miller, City Manager
W. Richard Staudinger, P.E., Gee & Jenson
Michael Haag, Site Development Administrator
Andy Hertel, PBC Traffic Division
attachment: Master Plan notation regarding required construction of
Knuth Road from Stonehaven Drive south to Woolbright Road,
including crossings over the LWDD L-25 & L-26 canals
Master Plan Traffic Performance Statement
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· NOTE: Knuth Road to be constructed from Its existing
terminus n.ar Stonehaven Drlv. south to Woolbright Road,
Including crossings over the L. W .0.0. L-25 and L-28 canals,
and the construction of an 8' bike path on the east side
and a 4' aldewalk on the we.t side.
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Blvd. as required by city codes.
FIRE DEPARTMENT MEMORANDUM NO.92-240 WDe
TO:
PLANNING DEPARTMENT
FROM:
FIRE DEPARTMENT
DATE:
JULY 7, 1992
RE:
TRC COMMENTS - TARA OAKS, KNUTH ROAD PCD,
BOYNTON BEACH BOULEVARD pen
WE HAVE NO OBJECTIONS TO THE PROPOSAL SUBMITTED.
~d!fl. ~~~-
FIRE DEPARTMENT REPRESENTATIVE
taraoaks.wdc
pg
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-137
TO: Robert Eichorst, Public Works Director
Mike Kazunas, City Engineer
Ai Newbold, Deputy Building Official
Bill Cavanaugh, Fire PreveBtion Officer
Pete Mazzella, Assistant to Utility Director
Lt. Don Thrasher, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
FROM: Dorothy Moore, Zoning & Site Plan Reviewer
DATE: June 25, 1992
RE: Tara Oaks PUD, Knuth Road PCD, Boynton Beach Boulevard PCD
After we cancelled the Technical Review Committee meeting, we
realized we had received the attached request for modification of
the Tara Oaks, PUD. However, since it is a small item we would
ask that you review the request and if you have any comments,
please call the Planning and Zoning Director, Christopher Cutro,
immediately and forward written comments to the Planning and
Zoning Department by July 7, 1992.
~~~]
DM:ald
Attachment
XC: (Memo Only)
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charlie Frederick, Parks & Recreation Director
Edward Hillery, Police Chief
John Guidry, Utilities Director
Project File
Chronological File
..fi-:
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-129
June 11, 1992
FROM:
J. Scott Miller, City Manager
~~
cl~i?t~her Cutro, Planning and Zoning Director
TO:
RE:
Time Extensions for Knuth Road P.C.D., Tara Oaks P.U.D.
and Boynton Beach P.C.D.
Kieran Kilday, agent for Bill Winchester, has filed the attached
request to extend the limits for recording plats for the Knuth
Road P.C.D., Boynton Beach P.C.D. and Tara Oaks P.U.D.
These developments were approved by the City Commission on
December 18, 1990 and would expire on June 18, 1992 if not
extended by the City Commission.
The City Commission has approved a preliminary plat and site plan
for the Knuth Road P.C.D. and infrastructure improvements for the
Tara Oaks P.D.D. In addition, as indicated in the attached
letter, removal of the exotics on the Boynton Beach P.C.D. has
been discussed with staff.
This request has been discussed with the members of the
Concurrency Review Committee and no objections have been raised
to the requested extensions.
This item has been scheduled for City Commission review on June
16,1992.
CC:ald
C:EXTENSNS.ALD
Klld8Y &- AuocI8t..
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
1407) 689-5522 · Fax: 1407) 689-2592
JUN 02 1992
Mav 30~ 1992
Mr. Chris Cutro. Director
City of Boynton Beach Plannin~ Department
100 E. Boynton Beach Boulevard
Bovnton Beach. FL 33425
RE: Request for Extensions
Dear Mr. Cutro.
It has recently come to our attention that the approvals for
the followin~ three proiects: Knuth Road peD. Boynton Beach
Boulevard PCD. and Tara Oaks PUD~ will require an extension
as of June 18. 1992. This letter serves as a formal request
for a time extension for these approvals.
Needless to say. the ~eneral economic state of the country
has substantially effected the abilitv of these proiects to
move ahead over the past 18 months. Unfortunately. due to
the substantial time requirements required in obtainin~
Comprehensive Plan amendments and development approvals
(approximately one year from date of application to final
approval). economic conditions can chan~e substantially
between the time an applicant makes application for a
pro;ect and an applicant is in a position to receive
approval to build that project. Nevertheless. we have
worked continuously on all three proiects durinR the last 18
months to brin~ them to fruition.
As you are aware. several of the pro;ects are now in the
approval process and will most likely receive some final
approvals durin~ either the month of June or July. However.
in order to be sure that no deadlines are missed~ we are
requestina official time extensions for all three pro;ects
to ensure that final plattin~ can be recorded at such time
as all aovernmental approvals are received.
On an individual basis. the
f 0 I lows:
status of the proiects are as
1. Boynton Beach Boulevard Planned Commercial
Development This peD became the subiect of
liti2ation in 199L. The property is currentlv owned by
the University of FlorIda Foundation. as Trustee. In
the course of obtainine clear title for the transfer ot
Hr. Chris Gutro
HE: T1me Extensions
rae€ 2.
tne land. sum~ derects were found. Unfortunately. in
order to cure these defects litigation has become
necessary. This t iti~ation is sti II ongoing. In the
meantime. we are unable to close on the property and.
therefore. proceed with active deveiopment.
However. at the time of the original approval. we did
receive some specific requests from the residents of
Stonehaven PUD which abuts the property to the west.
There were several large australian pines located along
this portion of the propertv which the neighbors
considered to be a danger to adiacent propertv.
Immediately upon approval of this proiect we contracted
with Arbor Tree Service. Inc. who removed said trees.
Anv further preparation of the site will require us to
resolve the above noted legal issues.
2. Knuth Road Planned Commercial Development - A revised
master plan. site plan and preliminary ptat for Knu~h
Road PCD have been submitted to City staff for review.
The matter Is scheduled to be heard bv the Planning and
Development Board on Hay 12. 1992 and the City Council
on June 2. 1992. Assuming approval at this time. the
proiect will then commence final platting. The proiect
is anticipated to be developed as a phased proiect with
the construction of a single outparcel initial Iv and
the remainder ot the prolect to develop as economic
t.imes allow. However. with the filing of the first
plat. it is our understanding that all further timinR
requirements of the Ordinances will be met.
3. Tara Oaks Planned Unit Development - Tara Oaks PUD is
currently in the process of platting for Phase I.
Specificallv. a portion of the PUD was master planned
for the utilization of the church at the corner of
Woolbright Road and Knuth Road. The applicant has
entered into contract with the church who wishes to
construct on said property. In this case. the
construction of Woolbri~ht Road was necessary in order
to provide proper access to the church parcel. Now
that this road has been constructed. the applicant has
filed all necessary permits tor the construc~ion ot
Knuth Road alon~ the church.s frontage. The church
will then subseQuent.lv file for a Phase I plat for the
utilization of thIS property. It is anticipated that
the plat should be recorded for the site prIor to the
Hnd ot IH92.
111'. Chri s Cut.ro
RE: Time Extensions
f'af,le 3.
After havine a chance to review this letter. we will be
happy to answer any additional questions which either YOU or
YOUI" staff may have. I would appreciate your outl ininf! the
proper procedure requirements for obtainin~ said time
extensions. As you can see from this letter. these time
extensions should be adequate to allow for the resolution ot
the issues contained within each proiect.
SincerelY.
~
Kieran J.
KJK/lsk
c.c.
Hr. Bill Winchester
F i Ie: 799. 5
F i Ie: 799 . 9
F i Ie: 799. lO
RECREATION & PARK MEMORANDUM #90-321
FROM:
Timothy Cannon, Interim Planning Director
Kevin J. Hallahan, Forester/Horticulturist ~~. r+
TO:
SUBJECT: Tara Oaks - Master Plan Modification
Preliminary Environmental Assessment
DATE: June 18, 1990
This memorandum is in reference to the above project which may be
affected by the environmental assessment to be prepared by the
applicant. There are concerns that the possible large
populations of existing gopher tortoises, a protected species,
will be adversely affected by the proposed development. I
surveyed most of the property on Friday, June 15th to do a
preliminary gopher tortoise burrow count and found thirty-four
sites. The burrows are concentrated in two locations, one north
of SW Congress Boulevard extended and another south of this road.
The quantity of burrows may be greater when an official transact
inventory is completed by the applicant.
This issue is important because in the past most developers have
elected to trap and relocate the inventoried tortoises.
Presently, there are no available state lands to relocate the
animal species to when they are trapped. The City Comprehensive
Plan directs the City to preserve this species where their
habitat is found. I feel this preliminary environmental
assessment may affect the potential use of the site if the gopher
tortoises cannot be relocated and must be preserved on the site.
KJH:ad
RECEIVED
DEe 5 199~
PLANNING DEPT.
-
PLANN!)
OEPARTMENT MEMORANDUM NO. 90-177
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: TIMOTHY P. CANNON
INTERIM PLANNING DIRECTOR
DATE: JUNE 8, 1990
SUBJECT: TARA OAKS PLANNED UNIT DEVELOPMENT
LAND USE ELEMENT AMENDMENT\REZONING - FILE NO. 473
INTRODUCTION:
Kieran Kilday, agent for Bill Winchester, contract purchaser, is
requesting to amend the Future Land Use Element of the
Comprehensive Plan for a 20.16 acre tract of land located between
the L.W.D.D. L-25 and L-26 canals, immediately west of the Lakes
of Tara Planned Unit Development (see Exhibit "A"- location map).
The current land use designation is "Low Density Residential",
allowing a maximum of 4.84 dwelling units per acre. The
application submitted by Kieran Kilday requests approval of a
"Medium Density Residential" land use designation, allowing a
maximum of 9.68 dwellings units per acre, and a change in zoning
from Planned Unit Development with a Land Use Intensity=4 (PUD
with LUI=4) to Planned Unit Development with a Land Use
Intensity=5 (PUD with LUI=5).
Although the subject parcel is undeveloped with scattered oak and
scrub oak clusters existing on-site, a master plan was approved
by City Commission on June 21, 1988, that currently would allow
78 single family, detached units to be built. The proposed use of
this property, if approved for a land use and zoning change,
would be to develop it as a Planned Unit Development consisting
of 192 mUlti-family units, a private recreation area, and a
20,000 square foot church (see Exhibit "B" - proposed master
plan) .
PROCEDURE:
These applications for amendment to the Future Land Use Element
of the Comprehensive Plan, and rezoning are being processed
consistent with Florida Statute and Boynton Beach codes,
ordinances and resolutions as follows:
1. F.S. 163.3161: Local Government Comprehensive Planning
and Land Development Regulation Act.
2. F.S. 166.041: Procedures for Adoption of Ordinances and
Resolutions.
3. Boynton Beach Ordinance >>79-24.
4. Boynton Beach Code of Ordinances, Appendix A, Section 9C:
Comprehensive Plan Amendments/Rezonings.
5. Boynton Beach Ordinance 89-38: 1989 Comprehensive Plan.
These regulations have been listed for informational purposes.
Paraphrasing, these regulations require newspaper advertisements,
public hearings before the Planning and Zoning Board and City
Co"~ission, review by the Department of Community Affairs, and
Commission adoption of ordinances to annex, amend the
Comprehensive Plan Future Land Use Element and rezone. These
procedures take approximately 8 to 9 months to complete.
.'
'r
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning' zoning Board
June 8, 1990
Page 2
SURROUNDING LAND USE AND ZONING (see Exhibit "A" - location map):
As previously discussed, the present zoning of the sUbject
parcel, allowing for the development of 78 single family,
detached homes, subject to platting is PUD with LUI=4 (see
Exhibit "c" for a copy of the approved master plan). The land
use and zoning surrounding the subject parcel varies. Abutting
the subject parcel to the north is an 85 toot wide right-ot-way
for the Lake Worth Drainage District L-25 Canal. Further to the
north and northeast, across the the L.W.D.D. L-25 Canal, are
singln famUy detached homes 1n tho stonehaven Planned Unit
Development (Banyan Creek). These homes are valued in the
$80,000 to $100,000 price range. Abutting the subject parcel to
the east are three residential subdivisions. From north to south
they are: (1) The Villas of Banyan Creek within the Stonehaven
Planned Unit Development (2) Clipper Cove and (3) The Lakes of
Tara Planned Unit Development. The Villas of Banyan Creek and
Clipper Cove are rental apartment projects, while the Lakes of
Tara Planned Unit Development consists of single family detached
zero lot line units valued in the $80,000 to $100,000 price
range. Abutting the subject parcel to the south is an 80 foot
wide right-of-way for the L.W.D.D. L-26 canal. Further to the
south, across the L.W.D.D. L-26 canal, is the future right-ot-way
for Woolbright Road. Abutting Woolbright Road on the south side
is a narrow vacant parcel which lies within the Quail Lake West
PUD. The Quail Ridge Planned Unit Development, which lies within
Palm Beach County, is located to the southwest and west of the
sUbject parcel. Quail Ridge is a large golf course community
similar to Hunters Run in Boynton Beach, with a mix of single and
multi-family units valued in the $150,000+ price range.
FUTURE LAND USE:
The land use designation of the parcels north (Stonehaven PUD -
Banyan Creek) and northeast (Stonehaven PUD - Villas of Banyan
Creek and The Landings PUD - Clipper Cove) of the subject parcel
is "Moderate Density Residential", allowing a maximum of 7.26
dwellings units per acre. The land use designation of the
parcels southeast (Lakes of Tara PUD) and south, across
Woolbright Road extended (Quail Lake PUD) is "Low Density
Residential", allowing a maximum of 4.84 dwellings units per
acre. The parcel southwest and south (Quail Ridge) of the
subject parcel is in Palm Beach County and has a land use
designation of "Low Residential 3", allowing 1 to 3 dwellings
units per acre. Therefore, the land use category requested,
"Medium Density Residential", allowing a maximum of 9.68
dwelling units per acre, .is inconsistent with the land use of the
parcels in close proximity to the subject parcel.
PUD ZONING AND MASTER PLAN (see Exhibit "B" - 'Proposed master
plan) :
The applicant is proposing to rezone from Planned Unit
Development with Land Use Intensity=4 (PUD with LUI=4) to Planned
Unit Development with Land Use Intensity=5 (PUD with LUI=5). A
discussion of the PUD master plan submitted followsl
/I'
..~
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, planning & Zoning Board
June 8, 1990
Paqe 3
PROPOSED USES
Land Use No. of Units ~
Residential
multi-family/rental
(part of pod 1) 192 10.84
Church 3.00
(pod 3)
Private Recreation 1. 90
(part of pod 1 & 2)
Lake 2.00
(part of pod 2)
,
Buffers .38
Right-of-way Dedication 2.04
192 units 20.16 acres
The maximum building height will be two stories (not to exceed 25
feet). The maximum building coverage will be 40 percent. The
minimum living area will be 750 square feet.
ACCESS AND INTERNAL TRAFFIC FLOW
Two access points to the multi-family portion of the PUD are
proposed; both from Knuth Road. Entrance to the church pod will
also be provided from Knuth Road via two driveways. No access to
the PUD is proposed from S.W. congress Boulevard. If these
applications for land use amendment and rezoning are approved,
the requirement to construct S.W. congress Boulevard west to
Knuth Road and to construct Knuth Road south to connect to
Woolbright Road shall be imposed consistent with the City's
Comprehensive plan (see Planning Department memorandum - Exhibit
"E") .
RECREATION
Based on the number and type of units proposed, a total of 2.88
acres is required to be dedicated for parks and recreation
purposes. A 1.9 acre private recreation area 1s proposed to
receive a 50% credit pursuant to section 8, Article IX, of
Appendix C. This private recreation area is divided between two
locations. a .4 acre area located within the residential pod and
a 1.5 acre area located within pod 2, which is separated from the
residential pod by S.W. Congress Boulevard. The following five
recreational amenities are proposed:
1. swimming pool
2. clubhouse
3. jogging trail
4. picnic area
5. fishing dock
The SWimming pool and clubhouse are the only amenities proposed
to be' located within the residential pod. The police Department
has expressed concern regarding the location and configuration of
th0 passive recreation area, particularly the picnic area and
jogging trail (see Exhibit "E" - police Department memorandum).
It is anticipated that due to the secluded, buffered nature of
this open space area, that it will undoubtedly pose a security
problem. .'
,.,~
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Plannin~ & Zonin~ Board
June 8, 1990
Paqe 4
with respect to the remaining 1.44 acres required for parks and
recreation purposes, the Recreation Department recommends that a
fee be paid in lieu of land dedication (see Exhibit "E" -
Recreation Department memorandum). Since the minimum size
required for a neighborhood park is 5 acres and due to the fact
that all of the property in the vicinity of the subject parcel is
developed or planned for development, there is .no opportunity to
combine this remaininq acreage with park dedication from adjacent
properties to meet the minimum size required for a nelqhborhood
park.
TOPOGRAPHY, SOILS AND VEGETATION
The long, narrow, rectangular shape of the subject parcel is
slighty rolling with the highest point (ground elevation 19.0)
occurring towards the center. The lowest point (ground elevation
15.0) occurs at the southeast portion of the parcel; a net change
in elevation of 4.0 feet. The parcel contains predominantly two
types of soils, Basinger fine sand and Okeelanta muck. Basinger
fine sand is a poorly drained"deep, sandy soil. okeelanta muck
is similar to Basinger fine sand in that it is poorly drained
soil. on-site vegetation consists primarily of exotics and
clusters of oaks and scrub oaks scattered throughout the south
half of the site, Based on available information, there should
be no impediments to the development of the site owing to
environmental constraints. However, care should be taken to
preserve the oaks and scrub oaks as noted in the correspondence
in the Forester/Horticulturist's memorandum in Exhibit "E".
DRAINAGE
A schematic drainage and storm water retention plan has been
submitted. On-site retention will be diverted to a storm water
management tract (lake) located south of S.W. Congress Boulevard
within pod 2, before flowing into the L.W.D.D. L-26 canal alonq
the south property line of the site. Water levels will be
controlled by an outfall control structure at the southeast
corner of the storm water management tract. Littoral zone
plantings are required to be installed around a minimum of 50\ of
the lakeshore area.
POTABLE WATER DISTRIBUTION
The site will be served with water by connectinq to an existing
16 inch water main located within the Knuth Road riqht-of-way,
north of the L.W.D.D. L-25 canal, and to an existing 10 inch
water main withinq the S.W. Congress Boulevard riqht-of-way.
SEWAGE COLLECTION
The site will be served by constructing a lift station at the
southeast corner of the residential pod which will tie into an
existing gravity sewer within the Lakes of Tara PUD.
TRAFFIC ANALYSIS
The traffic impact analysis submitted by the developer was
reviewed to determine consistency with the Municipal
Implementation Ordinance of the Palm Beach County Traffic
Performance Standards Ordillance, as the application was submitted
subsequent to February I, 1990, and the proposed rezoning
generates in excess of 500 additional trips per day. A copy of
Walter Keller's report (the City'S traffic consultant) can be
found in Exhibit "0" of this memorandum. Briefly, the results of
Mr. Keller'u review indicate that the applicant meets city and
"
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PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning & Zoning Board
June B, 1990
Page 5
County concurrency requirements, but additional information is
required to assess traffic impacts. The Palm Beach County Traffic
Engineering Department has not completed their review, but it is
anticipated that their comments will be received prior to the
City Commission meeting. The required roadway improvements are
listed in the Planning Department memorandum in Exhibit "E".
ISSUES/DISCUSSION:
Section 9.c.7 of Appendix A - Zoning, of the Code of Ordinances,
roq\lirOR tho evaluation of rezoning requests against criteria
related to the impacts which would result from the approval of
such requests. These criteria and an evaluation of the impacts
which would result from the proposed development are as follows:
a. Whether the proposed rezoning would be consistent with
applicable Comprehensive Plan policies. The Planning
Department shall also recommend limitations or requirements
which would have to be imposed on subsequent development of
the property, in order to comply with policies contained in
the Comprehensive Plan.
The proposed rezoning is inconsistent with Comprehensive Plan
Policy 1.4.5 which states, "Subsequent to Plan adoption, modify
the land development regulations to provide that residential
densities shall not be increased above those which were assumed
in projecting water demand in the Potable Water Sub-element,
unless it can be demonstrated that capacity will be obtained by
reducing the land use density or intensity elsewhere in the water
service area." The applicant has not provided documentation
which verifies that the increased water capacity to serve the
requested increase in density and intensity of 4.B4 dwelling
units per acre to 9.68 dwelling units per acre (192 multi-family
units) would be offset elsewhere.
Similarly, Policy 1.5.5 of the Comprehensive Plan states,
"Subsequent to Plan adoption, modify the land development
regulations to provide that residential densities shall not be
increased above those which were assumed in projecting sewer
flows in the Sanitary Sewer sub-element, unless it can be
demonstrated that capacity will be obtained by reducing the land
use density or intensity elsewhere in the sewer service area."
The applicant has not provided documentation to verify that the
increased deand for sewer capacity to serve the requested
increase in density and intensity would be offset elsewhere.
In addition to the above, the Planning Department memorandum in
Exhibit "E" recommends limitations and requirements which should
be imposed on subsequent development of the property, if this
request is approved, in order to comply with other policies
contained in the Comprehensive Plan.
b. Whether the proposed rezoning would be contrary to the
established land use pattern, or would create an isolated
district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual
property owner as contrasted with protection of the public
welfare.
As previously discussed on page 2, "Future Land Use", all of the
surrounding zoning districts are planned unit developments with
land use intensities equal to four or less. Densities of the
surrounding districts range from 3 dwellings units per acre to a
maximum of 7.26 dwelling units per acre and units are a mixture
of single family, detached homes and multi-family, rental units.
Therefore, approval of a "Medium Density Residential" land use
.'
., '!-"
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning & Zoning Board
June 8, 1990
Page 6
designation, allowing a maximum of 9.68 dwelling units per acre,
and a zoning category of Planned Unit Development with a Land Use
Intensity=5, would constitute a grant of special privilege to the
property owner, would be contrary to the established land use
pattern and would create an isolated island of "Medium Density
Residential" land use surrounded by "Low" and "Moderate Density
Residential" land use. Moderate Density Residential, at 7.26
dwellings per acre would be consistent, however, with the density
of projects which lie to the east.
c. Whether changed or changing conditions make the proposed
rezoning desirable.
There has been no significant change in conditions in the
vicinity of this property, since the adoption of the
Comprehensive Plan, that would make the proposed rezoning
desirable.
d. Whether the proposed rezoning would be compatible with
utility systems, roadways, and other public facilities.
Existing City water and sewer systems in the vicinity of the Tara
Oaks property are adequate to serve the proposed project.
However, as previously discussed in item "a", the applicant has
not demonstrated that the increased water and sewer demand can be
offset elsewhere. concerning roadways, the proposed rezoning
must meet the requirements of the Municipal Implementation
Ordinance of the Palm Beach County Traffic Performance Standards
Ordinance before development can proceed, as the rezoning
generates in excess of 500 new trips per day.
With respect to recreational facilities, the private recreation
area to be provided plUS the recreation fee to be paid in the
amount equivalent to the value of 1.44 acres for the construction
of public recreational facilities, will adequately meet the
recreation needs of the proposed project.
e. Whether the proposed rezoning would be compatible with the
current and future use of adjacent and nearby properties, or
would affect the property values of adjacent and nearby
properties.
As outlined under item "b", the density requested (9.68 dwelling
units per acre), would not be consistent with the densities which
exist on surrounding properties ranging from 3 to 7.26 dwelling
units per acre. However, it is not anticipated that the proposed
rezoning would affect the property values of adjacent and nearby
properties, as the proposed multi-family units are to be limited
to two stories and are to be located north of the extension of
S.W. Congress Boulevard, adjacent to existing multi-family units
in Clipper Cove and the Stonehaven PUD (a.k.a. Banyan Creek).
Also, the church and passive recreational amenities proposed
(picnic area, fishing dock and jogging trail) are located
adjacent to the single family, zero lot line units in the Lakes
of Tara PUD separated by a 15 foot buffer.
f. Whether the property is physically and economically
developable under the existing zoning.
Under the existing PUD with LUI=4 zoning, the property could be
developed for 78 single family, detached, zero lot line units.
Based on the justification statement submitted, it cannot be
ascertained whether the property is economically developable
under the existing zoning, since no economic analysis was
included with the application.
g. Whether the proposed rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the
city as a whole. ~
l~
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning & Zoning Board
June 8, 1990
Page 7
Based on the discussion under item "a", concerning Policy 1.4.5
and 1.5.5 of the Comprehensive Plan, the applicant's failure to
demonstrate that water and sewer capacity will be obtained by
reducing the land use intensity and density elsewhere in the
water and sewer service area and the discussion in item "b"
concerning the inconsistency of the proposed "Medium Density
Residential" land use with existing "Low" and "Moderate Density
Residential" land uses in the vicinity, it is arguable that the
proposed rezoning in not of a scale which is reasonably related
to the needs of the neighborhood and the City as a whole.
h. Whether there are adequate sites elsewhere in the City for
the proposed use, in districts where such use is already
allowed.
The analysis of supply and demand for rental apartments in the
Future Land Use Element Support Documents (Volume 1), indicates
that there may be a surplus of up to 539 rental apartment units
in the City at build-out (pp. 29-30). Based on the above, it
is arguable that there are adequate sites elsewhere in the City
for multi-family housing in districts where such use is already
allowed, however the additional number of rental apartments
proposed by the applicant would- not create an excessive
oversupply of land for rental apartments.
CONCLUSIONS/RECOMMENDATIONS:
It is the Planning Department's recommendation that the requests
for Future Land Use Element amendment and rezoning submitted by
Kieran Kilday for Bill Winchester, contract purchaser, be denied
but that a land use density of 7.26 du/acre ("Moderate Density
Residential") be approved. This recommendation is based on the
following findings contained within the preceding analysis:
1. The proposed land use amendment and rezoning is contrary to
the established land use pattern and would create an isolated
island of "Medium Density Residential" land use surrounded by
"Low" Find "Modofl\to D(Hu~J ty ROflidentilll" land USG, thereby
constituting a grant of special privilege to the property
owner. Moderate Density Residential (7.26 du/acre) would be
warranted, however, since this is the density of the
apartment projects which lie to the east.
2. The applicant has not provided documentation which verifies
that the increased water and sewer demand to serve the
requested increase in density and intensity would be offset
elsewhere. Therefore, the proposed requests are
inconsistent with Comprehensive Plan Policies 1.4.5 and
1.5.5. An amendment to Moderate Density Residential
would create additional water and sewer impacts equivalent to
40 dwellings, which would not be excessive.
PROJECT APPROVAL
As previously stated, the current land use designation of the Tara
Oaks property, "Low Density Residential", allows only a maximum of
4.84 dwelling units per acre, as compared with two of the
abutting parcels having a "Moderate Density Residential" land use
designation, allowing a maximum of 7.26 dwelling units per acre.
Unless the applicant can provide documentation which demonstrates
that water and sewer capacity can be obtained by reducing the
land use density and intensity elsewhere in the water and sewer
service area, consistent with Policy 1.4.5 and 1.5.5 of the
Comprehensive Plan, it is the Planning Department's
recommendation that a "Moderate Density Residential" land use
designation would be appropriate. This recommendation is based
on the compatibility of this land use with the established land
use pattern and the following aspects of the pr9Posed master
plan: . '>
...~
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning & Zoning Board
June 8, 1990
Page 7
Based on the discussion under item "a", concerning Policy 1.4.5
and 1.5.5 of the Comprehensive Plan, the applicant's failure to
demonstrate that water and sewer capacity will be obtained by
reducing the land use intensity and density elsewhere in the
water and sewer service area and the discussion in item "b"
concerning the inconsistency of the proposed "Medium Density
Residential" land use with existing "Low" and "Moderate Density
Residential" land uses in the vicinity, it is arguable that the
proposed rezoning in not of a scale which is reasonably related
to the needs of the neighborhood and the City as a whole.
h. whether there are adequate sites elsewhere in the City for
the proposed use, in districts where such use is already
allowed.
The analysis of supply and demand for rental apartments in the
Future Land Use Element Support Documents (Volume 1), indicates
that there may be a surplus of up to 539 rental apartment units
in the City at build-out (pp. 29-30). Based on the above, it
is arguable that there are adequate sites elsewhere in the City
for multi-family housing in districts where such use is already
allowed, however the additional number of rental apartments
proposed by the applicant would not create an excessive
oversupply of land for rental apartments.
CONCLUSIONS/RECOMMENDATIONS:
It is the Planning Department's recommendation that the requests
for Future Land Use Element amendment and rezoning submitted by
Kieran Kilday for Bill Winchester, contract purchaser, be denied
but that a land use density of 7.26 du/acre ("Moderate Density
Residential") be approved. This recommendation is based on the
following findings contained within the preceding analysis:
1. The proposed land use amendment and rezoning is contrary to
the established land use pattern and would create an isolated
island of "Medium Density Residential" land use surrounded by
"Low" and "Moderate Density Residential" land use, thereby
constituting a grant of special privilege to the property
owner. Moderate Density Residential (7.26 du/acre) would be
warranted, however, since this is the density of the
apartment projects which lie to the east.
2. The applicant has not provided documentation which verifies
that the increased water and sewer demand to serve the
requested increase in density and intensity would be offset
elsewhere. Therefore, the proposed requests are
inconsistent with Comprehensive Plan Policies 1.4.5 and
1.5.5. An amendment to Moderate Density Residential
would create additional water and sewer impacts equivalent to
40 dwellings, which would not be excessive.
PROJECT APPROVAL
As previously stated, the current land use designation of the Tara
Oaks property, "Low Density Residential", allows only a maximum of
4.84 dwelling units per acre, as compared with two of the
abutting parcels having a "Moderate Density Residential" land use
designation, allowing a maximum of 7.26 dwelling units per acre.
Unless the applicant can provide documentation which demonstrates
that water and sewer capacity can be obtained by reducing the
land use density and intensity elsewhere in the water and sewer
service area, consistent with Policy 1.4.5 and 1.5.5 of the
comprehensive Plan, it is the Planning Department's
recommendation that a "Moderate Density Residential" land use
designation would be appropriate. This recommendation is based
on the compatibility of this land use with the established land
use pattern and the following aspects of the proposed master
plan:
PLANNING DEPT. MEMORANDUM NO. 90-177
TO: Chairman & Members, Planning & Zoning Board
June 8, 1990
Page 8
a. A 15 foot buffer between the proposed church and
adjacent Lakes of Tara single family homes
b. All residential uses and the more active recreational
amenities (swimming pool and clubhouse) are clustered
within pod 1 on the master plan adjacent to existing
mUlti-family uses to the east (Clipper Cove and Villas
of Banyan Creek)
c. There is a distance of 350 feet between the existing
single family homes in Quail Ridge to the west and the
proposnd mllltl-f",mlly units.
Approval of a "Moderate Density Residential" land use designation
would allow a maximum of 7.26 dwelling units per acre or 146
units, a decrease of 46 units from the 192 units proposed by the
applicant.
~J~
TIM P. CANNON
NOTE: Pursuant to Section 163.3174(4)(d), Florida Statutes, the
Planning and Zoning Board, as the local planning agency,
is required to make a recommendation to the City
Commission with respect to the consistency of these
proposed amendments with the Comprehensive Plan.
Icp
Encs
1>.:TAR1>.01>.KS
xc: Central File
.:
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. "ll"
RECREATION & PARK MEMORANDUM #90-278
FROM:
Tim Cannon, Interim Planning Director JJL-
Kevin J. Hallahan, Forester/Horticulturist ~ fi
Tara Oaks - Master Plan
TO:
SUBJECT:
DATE:
May 25, 1990
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.
,.,..
KJH:ad
RECEIVED
DEe 5 193rl
PLANNING DEPT.