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AGENDA DOCUMENTS VIl__ DEVELOPMENT PLANS D. d tt~-,~. c.c: Dev, Plan, Util PLANNING AND ZONING DEPARTMENT MEMOF 5-1'7 Agenda Memorandum for October 17, 1995 city commission Meeting TO: Carrie Parker city Manager - --r;:;. / Tambri J. Heyden /jiJ- planning and Zoning Director FROM: DATE: october 13, 1995 SUBJECT: Tara Oaks PUD - MPMD #95-007 (Change in access, recreation, unit type and use acreage) Please be advised that the above-referenced item is on the table for the October 17, 1995 commission meeting agenda. DESCRIPTION: A detailed description of this request is presented in planning and Zoning Department Memorandum No. 95-541. You will recall that at the last Commission meeting the applicant requested that the commission table this item to the october 17th meeting. You will further recall that the reason for the request to table was to allow time for the applicant to substantiate his claim that the description of his request in the above-referenced report, specifically to omit the extension of S.W. congress Boulevard to Knuth Road, was in error based on his belief that the omission of this road was approved with the 1990 rezoning/ master plan for Tara Oaks. Today the applicant plans to further research this issue by viewing the files of the planning and Zoning, Engineering and Utilities Departments, since to date there has been nothing found which supports, with total certainty, the applicant's claim. Attached is a reduction of the master plan, showing a cul-de-sac terminating S.W. congress Boulevard rather than extension of the road, which the applicant believes was approved in 1990 and granted a time extension in April of this year. However, if this is the master plan that was granted an extension, it conflicts with the master plan staff presented to the Commission in the back~p for the time extension and conflicts with the statements made by the applicant's traffic engineer in the traffic report that was submitted with the time extension. If staff's assumptions were incorrect (staff had no reason to believe that they were incorrect after researching minutes and files), it would have been appropriate and important to have raised the issue at the time of the extension (the approval of which spanned the course of five months between submittal of extension and Commission approval). As evidenced by the current staff recommendation against this road omission, had this issue been raised with the extension, staff's recommendation would have reflected the same concerns currently expressed. At best, the June 19, 1990 commission minutes of the master plan approval (ordinances approved later) state that when the applicant presented a new master plan to the commission that staff had never looked at and which showed no S.W. congress Boulevard connection, Planning Department staff indicated that if this road was not extended the right-of-way should be dedicated for future road construction by the City if the need arose. The proposed master plan does not reflect this either. In fact, the current proposal shows 14 dwelling units and 23 parking spaces within this right-of-way for the future road construction. This leads to the argument that the 192 units previously approved cannot be accommodated as townhouses within the acreage that was previously designated for residential use, even with the very small lot size proposed. TO: carrie Parker -2- October 13, 1995 Lastly, clarification is needed regarding staff's recommendation for construction of turn lanes for this project. Based on the attached Engineering Division Memorandum No. 95-379, received after transmittal of the Planning and Zoning Department's staff report, the following turn lanes are recommended: 1. Southbound left turn lane on Knuth Road into the project; 2. Southbound left turn lane on Knuth Road at the intersection of Knuth Road and Woolbright Road; and 3. Northbound right turn lane on Knuth Road into the project. RECOMMENDATION: staff's recommendation remains unchanged, subject to further conditioning any approval of the project with construction of the above-listed turn lanes. tjh Attachments xc: Central ./7" J 'i(JJj-~ .{~ i;zl~ [i'0LIJA; , ,/;Y- C, \k XA.L, U , file I "vi C ' .. ,. . ..1 /~ ,(Jt iAftVV-' 1C Vi:, "1<<// ,6-z~ "C I. . ./ v;&1C , . ~ / / /J~ ilr-Y1 {T&~r(!1 tri-ilJu/ lih<u0- tT!\. ,fI1LAJC $,-,~- ~. '- v J tf.- j /\ 1 ,<,f)l>(. A: TaraOHPM . .. 3 . . . ... .. ... I~J~ ~:!= II f .. ja: r o' J: J.ii: ..(...... ..f a::;! 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J.I II I' '11 i i I jil!, Iii i It I ! i, 'I. I II J' ,Ull !JI', .. I," ,II !I,l !Iil, ' U · 'II III I I · t . r,1 'III · , l' JIll I il HI'~ II 'I I,' IliI!i Iii! lH~h,~JI!!!!1 ""I '1Iil'flir.1 :,'11,' hi,~:"tlll'u : ii hi "I.": '. Utll 111111::lIfil; I li!'JI'li,l!i~': !I. ! i 1!.IIII:!rt'llll'rll I I.h, """1," I , I li1f!I'I,"Jr;llIiil,ll' ~ ::iIIJ :il'II!IIII~,IIII' ! !i~llr. I u..llnl. .- I I I' J I J · : .~ I ,~ c . , ., lit f IIi .; w. ..11 . I Q ! ~ f .I ~ I ~,f I c( - .. a: 0 . ~ B j I . J! II! , I. I . .!~;i , l'I.~IJj HH : . II II b . I ~ ~ . .x ~j , i DEYBLOPMEIfT DEPARnmlfT EIIGIIIEERIIIO .IVISIOII MEMORAlfDUM 110. 95-379 .. TO: Tambri J. Heyden Planning & ZoDinq Director M~am ~ukill, P.E. ~-Eng~neer FROM: DATE: September 29, 1995 RE: TARA OAKS - DBlCBLERATIOIf LARES We have reviewed the Weisberg September 22 letter and find his logic reasonable, particularly with regard to the southbound left turn lane into Tara Oaks from Knuth Road. A right turn (northbound) lane into Tara Oaks from Knuth Road also is desirable. Neither has much value until the "link" is constructed, but both will be desirable at that time. WVH:ck . C:TA)tAOAKS.LN PLANNING AND ZONING DEPART~ MEMORANDUM NO. 95-541 Agenda Memorandum for October :, 1995 City Commission Me TO: Carrie Parker Ci ty Manager _I"? ik,;""t 'I r'~ Tambri J. Heyden ~ - Planning and Zoning Director THRU: FROM: Michael E. Haag Zoning and Site Administrator DATE: September 26, 1995 SUBJECT: Tara Oaks PUD MPMD 95-007 (change in access, recreation, unit type and use acreage) NATURE OF REOUEST Kilday and Associates, agent for Pulte Home Corporation, contract purchaser of property owned by Bill Winchester is requesting to modify the Tara Oaks PUD master plan. The 20.16 acre proj ect previously planned for 192 mUlti-family apartment units, 20,000 square foot (650 seat) church and open space area is zoned PUD and located at the.northeast corner of Woolbright Road and Knuth Road extended (see Exhibit "A" - location map). The requested changes are limited to the north 14.470 acres of the PUD and are as follows: (see Exhibit "B" - letter of request and proposed master plan) : 1. Omit the extension of S.W. Congress Boulevard to Knuth Road. 2. Reduce the number of access pOints into the project from two (2) to one (1). 3. Increase in the size of Pod 1 (residential tract) by -tncorporating .6 acres resulting from the elimination of S. W. Congress Boulevard right-of-way. A new property line which subdivides Pod 2 (open space) therefore creating a project that consists of 5.69 acres for church with open space and 14.7 acres townhouse project with open space. 4. Change the type of units from 192 mUlti-family apartments to 23, two-story buildings with a total of 192 townhouse units. Establish the folloWing building and site regulations for the townhouse units: Building setbacks (indiVidual lots); front 10 feet, rear 15 feet, side (end unit) 3 feet, side (interior unit) 0 feet. Note minimum bUilding separation is 15 feet. Pool setbacks; pools not allowed. Screen enclosure setbacks; shall comply with bUilding setbacks. Minimum living area - 750 square feet (proposed unit sizes.. 913 square feet, 1,079 square feet and 1,082 square feet) BUilding height - Remains as originally approved (30 feet, two stories) ., ." Page 2 Agenda Memorandum for October 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 Lot area - 1,260 square feet (end unit) and 1,050 square feet (interior unit) Perimeter setbacks: Increase the north setback from 20 feet to 40 feet. Please note the following setbacks remain as previously approved; 40 foot front (west Knuth Road), 40 foot rear (east) and 20 foot side (south). Also note the perimeter setbacks take precedence over building setbacks for individual lots. 5. Change the type and location of private recreation amenities from a clubhouse, pool, jogging trail, picnic area and fishing dock to pool, cabana (restrooms for pool), sand volley ball court, jogging trail and gazebo or garden amenity. The current and proposed location of the recreation amenities are shown on Exhibit "C" and Exhibit "B" respectively. I 6. Establish a 25 foot wide landscape buffer along the north property, lS foot wide buffer along the east property line and 10 foot wide buffer along the west (Knuth Road) property line of the project. Pod 2 an open space and detention area border the south property of the residential tract. BACKGROUND On June 21, 1988, the City Commission approved a master plan and rezoning of the Tara Oaks PUD property from R1AAA (single-family residential) to PUD with a land use intensity (LUI) of 4.00 for 78 single-family, detached units. On December 18, 1990, after review by the Department of Community of Affairs (DCA) and with objections, the City Commission approved ordinance&---for a land use element amendment that changed the land use classification of the property from Low Density Residential to Medium Density Residential and rezoning of the property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192 multi-family uni ts, private recreation and a 20,000 square foot church (see Exhibit "c" - current master plan). The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. The 1990 applications were submitted under Palm Beach County's current traffic performance standards ordinance, however prior to the effective date of the City's concurrency management ordinance. Therefore, concurrency certification for traffic and concurrency exemption for drainage and neighborhood parks were granted with the 1990 approval. On June 2! 1992, the City Commission approved a request to allow construct~on of the south portion (adjacent to the church parcel) of Knuth Road, prior to preliminary plat approval of the property. The reason for submitting the request was to ensure the Church of J~su~ Chrlst of Latter Day Saints' purchase of the church parcel wlthln the PUD, which took place on June 26, 1992. On Jun~ 16, 1992, the City Commission granted a one (1) year time extens~on that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until a retroactive extension which was filed Page 3 Agenda Memorandum for J:tJber 2, 1995 City Commission Meeting T3ra Caks PUD M?MJ: ?l5-007 ln Nov2mber 1;94; 3 perlod of one year and five months. On April 8, 1993, the City Commission approved a master plan modiflcation for the Tara Oaks PUD to amend the condition of approval WhlCh required the construction of Knuth Road to be tied entirely to the Tara Oaks PUD. The approval of the master plan modification allowed the construction responsibility for Knuth Road to be shared by the Knuth Road PCD. On April 18, 1995 the City Commission approved the retroactive extension submitted November 1994. The approval granted months to file a plat application. The approval was conditioned upon the applicant evaluating reducing density at of the applicant's next submittal (subject request). time nine also time Chapter 2.5, Planned Unit Developments, of development regulations states that changes developments shall be processed as follows: the in City's planned land unit Section 12. Changes in plans. "Changes in plans approved as a part of the zoning to PUD may be permitted by the Planning and Zoning Board upon application filed by the developer or his successors in interest, prior to the expiration of the PUD classification, but only [after] a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes shall be proposed as for a new application of PUD zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission. Non- substantial changes as determined by the City Commission in plans shall not extend the expiration of the eighteen month approval for the PUD classification." ANALYSIS staff has' reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned unit developments as stated in the folloWing sections of Chapter 2.5 of the City's land development regulations: Section 1. Intent and purpose. "A Planned Unit Development District (PUD) is established. It lS intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the City, and the protection of adj acent and existing and future City development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the City. Regulations for Planned Unit Developments. are intended to accomplish the purposes of zoning, subdivision regulations and other applicable City regulations to the same degree that they a~e lntended to control development on a lot-by-lot basis. In Vlew of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable ln slze, location and character for the uses and structures proposed are to be planned and developed as unified and f.- ."" Page 4 Agenda Memorandum for Cctober 2, 1995 City Ccmrnission Meeting Tara ':Jaks PUD HFMC 95-007 coordinated units. Section 9. Internal PUD standards. B. INTERNAL LOTS AND FRONTAGE. Wi thin the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone." The following evaluates the significant issue relating to the proposed changes: 1. Omission of the S.W. Congress Boulevard connection to Knuth Road extended - This change will cause a redistribution of traffic from the original approved road network. The Police Department Memorandum No. 0168 indicates that the response time for emergency vehicles to the subject property as well as the Clipper Cove and Lakes of Tara development would be greatly increased if the road connection was' constructed. ,,- The Lakes of Tara Homeowners Association ha. indicated that they are not in favor of extending S. W. Congress Boulevard to Knuth Road extended (see Exhibit "D" - letter dated August 29, 1995 from'. Lakes of Tara Homeowners Association). The association has also requested some minor improvements to this area that are normally paid by an applicant as part of abandonment. From evaluating the plan, it appears that the change in unit type from apartments to townhouses and the desire to retain the 192 units from the approved master plan, as well as offer a priy-atized community, has driven the elimination of the S.W. Congress Boulevard extension. The reason for this is that because of stacking and clustering of units, apartments (previous master plan) more efficiently use land; yielding a higher number of units per acre. Uni t types (such as townhouses) that only cluster units and not stack, require more land area to yield the same amount of density, even when both unit types are limited to two stories. The argument often made of not wanting to extend an existing road to a new project because of traffic and division of residential tracts is not applicable to this project since even with the previous master plan the project's residential area was consolidated to one side (north) of S.W. Congress Boulevard. Furthermore, the only traffic that will use S.W. Congress Boulevard is the traffic generated by this project; reason being the existence of Quail Ridge to the west and therefore, the lack of further extension of S. W. Congress Boulevard west of Knuth Road. This issue of connectivity of roads to the eXisting road network ,has been raised frequently over the past five years due to 1ncreased popularity of privatized communities which stems from lncreased crime or the perception of increased Cl-lme. Rarely do applicants and homeowners understand that wlth privatization, quality of public services (response to flre, pollce, utility emergencies and evacuations) decreases, not only to their development, but to surrounding existing and future developments that benefit from the safety and Page 5 Agenda Memorandum for October 2, 1995 City Commlssion Meetlng Tara Jaks PUD MPMD 35-007 convenience of an improved, integrated road network 'I'lithin their city or county. In their memorandum the Police Department notes the benefit to multiple communities when roads are extended. The pre-planned extension of the existing dead-end of S.W. Congress Boulevard, was to provide quicker response by police units in the western area of the city to the houses in the western areas of Lakes of Tara which at this time only have access from Congress Avenue. This gives the Pol ice Department the option of sending a police unit from the east or west, or both if needed, to best handle an emergency in either the Lakes of Tara or Tara Oaks developments. 2. Reduction of the number of access pOints into the project from two (2) to one (1) - Implementing this change would result in the need for emergency access point ( s) . As indicated in Police Department Memorandum No. 0168, they have provided emergency access points along Knuth Road, however, the "Knox Box" type of entry is not acceptable to the Police Department. It should be noted that access pOints restricted to emergency vehicles, rather than prOViding a full access are less than desirable and can reduce quality of emergency service too. With the increased popularity of privatized communities the fewer the access points, the lesser the cost to the developer and homeowners to secure their access points with guardhouses, - or the less expensive method of automatic gates. Both Police and Fire have been accepting these alternative types of access, provided the type of gate opening mechanism is agreed upon, realizing that over time, the availability of these emergency access points can be forgotten about and never used. 3. Increase in the size of Pod 1 (residential tract) by incorporating the .6 acres of the proposed elimination of S.W. Congress Boulevard and the subdivision of Pod 2 - These propo(~d changes are acceptable with the condition that the subdivision of Pod 2 does not decrease the total area of Pod 2 below the originally approved 3.5 acres and that on the master plan the acreage breakdown for each parcel/property be delineated. As was noted previously in issue 1 above, this increase in Pod 1 size is driven by the omission of the road extension and the desire to retain the full 192 units. 4. Change the type of units from 192 multi-family apartments to 23, two-story bUildings with a total of 192 townhouse units _ All building and site regulations are acceptable with the exception of the location of the parking spaces and the size of the lots. The lots shall be extended to include no less than two (2) parking spaces on each lot. Find attached Exhibit "E" - Townhouse Chart, which is a comparison of; building, pool and screen enclosure setbacks, location of parking spaces, floor area and lot area of the site subject request and three other PUD townhouse projects approved by the City Commission. The applicant is proposing the minimum number of parking spaces of two per unit, but does not include them within the boundaries of the lot of the unit. The zoning code requires that "parking spaces for all dwellings shall be located on the same lot as the dwell ing to be served". No ot~er "true" townhouse project in the city, even in a ?UD, WhlCh generally allows fleXibility with regard to bUilding and s~te regulations, in eXChange for greater open space, exists Wl ~hou t parking prov ided wi thin the lot boundar ies . The bUl~ding Division has lndicated that the city's security ordlnance would not allow parking spaces to be numbered (in an ..... ..., Page 6 Agenda Memorandum for October 2, 1995 City Commission Tara Oaks PUD MPMD 95-007 Meetlng attempt to assign spaces to units). The reason for this is so that it cannot be readily determined whether a homeowner is home or not. There is much less of a chance of someone else parking in "your" parklng spaces if they are located immediately next to your unit and on your property than if the spaces where located on common areas. 5. Change the type and location of the recreation amenities from: clubhouse, pool, jogging trail, picnic area and fishing dock to pool, cabana (restrooms for pool), sand volley ball court, jogging trail and gazebo or garden amenity - With respect to the proposed changes in the location of the amenities, staff is in agreement with the proposed locations. However as indicated in the Recreation & Parks Memorandum No. 95-424, the cabana is not acceptable as a recreation amenity that would allow the applicant to receive one half credit towards required recreation fees (one half credit applies to projects that provide five (5) recreation amenities). Based on 192 dwelling units the full recreation impact fee associated with the land value of 2.88 acres is required at the time of final plat. The Recreation & Parks Department strongly recommends that the applicant provide a clubhouse building which would allow the applicant to receive one half credit for providing five (5)' recreation amenities. Providing a clubhouse or recreation building is consistent with the development of other cluster housing projects in the City. .# 6. Establish a 25 foot wide landscape buffer along the north property, 15 foot wide along the east property line and 10 foot wide along west (Knuth Road) property line of the project '- The proposed landscape buffer areas are acceptable to staff with the condition that the buffer area along the east and west property lines be enhanced to include groupings of trees (4 to 6 trees) with a spacing between groupings not to exceed thirty (30) feet rather than one tree every thirty feet. The spacing. and size of the shrub material identified is acceptable. RECOMMENDATION On Tuesday, September 12, 1995, the Technical Review Committee (TRC) met to review the master plan modification request. The Board recommends that the City Commission make a finding of no substantial change for the proposed modification, and that the Planning and Development Board approve the request, subject to the staff exceptions listed above and the attached staff comments Exhibit "F" - Police Department Memorandum No. 0168 and 0174, Recreation & Parks Department Memorandum No. 95-424, Public Works Memorandum No. 95-165, Engineering Division Memorandum Nos. 95-371, 95-349 and 95-304, Building division Memorandum No. 95-348 and 95- 299, Fire Prevention Memorandum No. 95-346 WDC and Planning and Zoning Department Memorandum No. 95-555. It should be noted ~owever that if the Commission concurs with staff regarding the lssues of, th~ extension of S.W. congress Boulevard and containing par~lng wlthln the lot boundaries, the master plan would have to be revlsed. .These revisions most likely will significantly alter the master plan. MEH:dim xc: Central File 1::C-';e:td'.~!lr'!. E X H I BIT "A" , LOCATIO~ MAP TARA OAKS / I I~ / fl~---.-J ~ ~ 1=1 t=flbf:1. f 'X...l.J' ~~ I: ~#V1- ~~_ I_~ \. ~c. ~r r'~~, I ~CDI'~ ~:i: :=:'1 C3~:u. l J.U-!'h '"' -fS'r '''-ON =w~r"" ,,:~ C !:_:'u'" J~ I ~: _ ~~ 3; r '~~~"'F" "lJ!"J J... 1'- ~ . ; ~ , . 1 - In I r = r , 1---1 '--- '- : R!:l,,<=>. ' _ PC D ::;.-- :':'t:1= I tJL.J;: '~:'~~~,.1 ~ ~ t- ig;~ ~" . - : NIC ,. I' . ,~ . j -, .lln i :H" I '.; . t<t ~~. -. I -. I ;:. ...........,...' C ~ ~ '~I! t ~~ I?n rr:>.l' ;JoE trI{\ ''':~ - _..c0<" - I J rn~ :;TTTTjrHl ... '\l ,,;::::'~u~.ff~ I l:l " ".'r/:' kiT~ . \' '" 1.>.- -" ~l:;? 'I i<' 'If/: _ ~ 'd \\ ~ --i.~JL~ []U ~ I~' ,,'~~0~ ~ ! ~ ~ ~,rg:: l L :...: I . ~ R ~ / R a: c...':. 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IGi~ - '0 400.800 FEET n~.r. 'H< , "<(..1:1 ~"J.. -d;J'{;b~~. "-, ~ PI-An/n/Wr.. . , :j~ ; --. ('\~ ~" ~ ,~:' ) )~ ~.' IIy ~ ,:,.' ~ i. IT.' '? ....--'-~ I( .. , ) "- lC! - \ fl -=-----=---=--~ E X H I BIT "B" , ..., "- . '.'.--l- . 'r ,. I ; I . /, ; ~ " , KU.y ,. Auocl.t.. Lend.cape Architecte/ PI.nn.,. 1551 Forum Plac. Suite 100A West Palm Beach, Florida 33401 14071 689-5522 · Fax: 14071 689-2592 I August 31, 1995 Ms. Tambri Heyden, Planning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Be~ch Blvd. Boynton Beach, FL 33425-0310 RE: Tara Oaks PUD Minor Master Plan Modification Our File No. 738.2 Dear Ms. Heyden, Please accept Md process the attached revised information for a Minor Master Plan Modification to the previou8lv approved Tara Oaks PUD, located north of Woolbright Road and east of the future Knuth R~ We are submitting this revised Minor Master Plan Modification application on behalf of Putt. Homes Corporation South Florida Division contract purchasers of the property and Bill Winchester, owner 0' the prpperty, and incorporating comments received at the August 15, 1995 TAC Meeting. The latest Master Plan approved on June 8, 1990 reflected a total of 192 multi-family units on the northern portion of the site, an open space/preservation area centrally located, and a church parcel on the southern portion 0' this site. The proposed Master Plan retains the 192 previously approved units which will now be developed as fee simDI4t townhomes. The open space/preservation tract remains centrally located, and the church parcel remains unchanged on the southern portion of the site. Attached with this application is a revised Master Site Plan for the project reflecting proposed building locations and corresponding lot lines, access points, the recreation area and parking configurations. The Conceptual Landscape Plan specifies proposed landscape buffers and plant material requirements. A previously approved cross section is also included with the submittal set. This cross section has been revised to reflect an agreement made between the Stonehaven Home Owners Association and the property owner The conceptual engineering plan., a. well a. a boundary and tree survey, are also attached. The perimeter landscape buffer and the building setbacks proposed are consistent with those previously approved. Minor adjustments have been made to the main access for the PUD. The church parcel, which is under separate ownership, will retain the two previously approved. ~ccess points. The previously approved plan reflected two main access points to the residential ~.rcel. This has been reduced to one main access point which will be controlled with a security late. Three emergency access locations are proposed elsewhere along Knuth Road. These access Ms. Tambri Heyden August 31, 1995 Page 2 points will be stabilized to support the weight of emergency vehicles. They also will be gated and locked pursuant to the City of Boynton Beach Fire Rescue requirements. The developer of Tara Oaks will be constructing Knuth Road from just north of the L-25 Canal south to Woolbright Road including the required crossings over both the L-25 and L-26 Canals. Concurrent with this roadway construction, an eight foot wide bike path will also be constructed on the east side of Knuth Road adjacent to Tara Oaks PUD. A private recreation site of 1.75 acres is provided for Tara Oaks PUD. The active portion of the recreation area is provided adjacent to the main entry. This recreation area has been relocated from the site shown on the previously approved Master Plan to address conditions imposed on the original approval. A pastve recreation component consistent with that previously approved is shown in the open space tract and will consiat of a jogging tran through the preservation/relocation area and a gazebo or garden amenity at its terminus. A total of five (5) recreational amenities are proposed to receive one half credit for the public recreation land dedication. Consistent with the past approval and the comments again Included in Parks and Recreation Memorandum #90-229, the developer will pay a fee in lieu of land dedication for the public park commitment. The attacMd ... have been revised addressing tho.e Issue. raised at the TRC meeting of August 15, l....and subsequent Itema included in the TRC comment memorandums Issued by each revlewing_ _~epartment. The following is a recap of the comments included in the memorandums and subsequent responses by the project team. , POLICE DEPARTMENT MEMORANDUM NO. 0158 1. The final approved Master Plan depicted Southwest Congress Boulevard to be terminated into a cul-de-sac per the request of adjacent residents. The proposed plan shows the western right-of-way stub of Southwest Congress Boulevard to be removed. 2. The developer Is investigating the feasibility of providing 24 hour access through the automatic gate entrance system. A telephone access system or a similar feature will be provided. RECREA TION AND PARK MEMORANDUM NO. 95-371 1. Attached Ie a statement from our environmental consultant stating that the permit from the Florida Game and Fresh Water Fish Commission will not change the Master Plan as shown in order to comply with the requirements of the permit. 2. A Tree Management Plan and an Environmental Assessment are forthcoming. In the attached statement from the environmental consultant, there is reference to the Tree Management Plan and the Flora and Fauna Survey. UTILITIES DEPARTMENT MEMORANDUM NO. 95-255 1 . The revised Conceptual Engineering Plan shows water and sanitary sewer being provided to Pod 3. .... ...... Ms. Tambri Heyden August 31, 1995 . Page 3 2. The project engineer Is aware of the comments and will Incorporate them In their final plans. I 3. The revised Conceptual Engineering Plan showing a connection to the existing 10. water main on Southwest Congress Boulevard. BUILDING DIVISION MEMORANDUM NO. 95-299 1. It Is the Intent ,Qf the developer to plat this project. 2. There is an adequate number of parking spaces for each town house. These parking tracts will be dedicated as either easements or common parking and access tracts. 3. Th. recreation building wi" be constnJcted along with the construction of the first town house building. 4. The final Sit. Plan wAI comply with parking signs and handicap code. A complete Site Plan application will be processed following Minor Master Plan approval. ' 5. The ftnIl.. Plan win show the established easements and setbacks as they relate to the town hau.... A complete Site Plan application will be processed following Minor Master Plan approval. , FIRE PREVENTION MEMORANDUM NO. 95-325 1. The approved Master Plan depicts Southwest Coogress Boulevard terminating Into a cui- de-sac per the request of the adjacent residents. It Is the Intent of the developer to have the westem right-of-way stub removed. 2. The attached Mast.r Site Plan h.. be.n revl..d to allow for tum..round ar... with a radius large enough to accomodate a fire truck. ENGINEERING DEPARTMENT MEMORANDUM NO. 95-304 A. The U.S. Postal service will be contacted to verify which roads will require naming, these names will be Incorporated into the Site Plan application following approval of the Minor Master Plan application. B. The traffic impact statement will be revised to reflect the redistribution of traffic pursuant to the removal of the Southwest Congress Boulevard connection to Knuth Road. C. The Master Site Plan has been revised to show sidewalks on both sides of the internal roadways. The sidewalks will be In compliance with Chapter VI, Article III, Section 11 A, Page 3 through 6 of the Boynton Beach Code of Ordinances. D. Deed restrictions will be established to provide for a property owners association to pay for the operation of a street light system within the development at the time of plat approval. . , Ms. Tambri Heyden August 31, 1995 Page 4 E. The engineer for this project has certified that the drainage plan will comply with all City code. and atandards and a copy of this letter has been attached for your review. F - H. The engineer Is aware of the comments and will Incorporate them Into the final engineering plans. I. The eastern 25' of the SO' right-of-way has been dedicated. This dedication has been recorded In O.R.B. 7324, Page 1162. J. Acceptance from South Florida Water Management District and Lake Worth Drainage District will be required prior to final engineering approval. K A permit will b8 obtained prior to working within the right-of-way per Chapter 22, Article 2, Section 7 (A), Page 22-3. L In lieu of providing sidewalks on both sides of Knuth Road, the developer has agreed to instd an 8' wide bicycle I pedestrian path along the east side of the road. ' PUBUC WORKS DEPARTMENT MEMORANDUM NO. 95-145 1. The Site-Plan has been revised to accomodate sanitation vehicles. As per our meeting with Mr. Robert Eichorst, the garbage collection areas will be located at the time of final site plan approval. , RECREATION AND PARKS DEPARTMENT MEMORANDUM NO. 95-379 1. The recreation dedication requirement calculation has been shown on the Master Plan (page 10f 4). 2. The five recreational elements consisting of a swimming pool, a sand volleyball court, jogging trail, gazebo I garden amenity, and cabana have been shown on the Master Site Plan and Master Plan. The appropriate parking spaces have also been shown along with the required handicap spaces. It is the intent of the developer to utilize the cabana as one of the five amenities, but no meeting area is proposed. An alternative amenity will be provided if this is not acceptable. 3. It is the intent of the developer to provide a cabana as one of the five amenities, but no meeting area is proposed. If this is not acceptable an alternative will be provided. 4. The developer agrees to construct the jogging trail with asphalt or another permanent surface to minimize maintenance. The revised Master Site Plan shows the jogging trail (1320 linear feet (1/4 mile) In length). 5. Details for private recreation equipment will be provided during the Site Plan Review Process. 6, Parking spaces will be provided for the two recreational elements in the southern portion of the P,U,D, These spaces will be noted on the final site plan. .... ..... Ms. Tambri Heyden August 31, 1995 . Page 5 7. It is the intent of the developer to construct a detention area leaving the rest of the open space pod in its natural state thus maintaining Its natural characteristics. If a lake was constructed in the open space area, the number of preserved trees would decrease. ,,- 8. The preservation area will remain in the southern portion of the property. If you have any questions or concerns in regard to this application, or If you need any additional information, please do not hesitate to contact either Marcie Tinsley in this office or myself. Thank you in advance for your past time and future consideration for this project. Sincerely, Co~~~ Kilday & Associates, Inc. Encloaur. Susan Prillaman, Pulte Home Corporation South Florida Division Yvonne ZIeI, Traffic Consultant Jim Orato&, Shaw, Oratos ,:f,,-~ ~__IJ_J · Received B : cc: Date ifj</9~ CW/Jblheyden,831 r"4 II "' A SHAH ... . -.- ----.. - -- - ~DROTOS Engineering Survevlng Planning &ASSOCIAres n01 NW, 17lt1 Way Suite .0. Ft, Lauaeld<M. Fl33309 PH: (954) 776.7604 FAX: (954) 776.7608 August 30, 1995 City of Boynton Beach Engineering Department P.O. Box 310 Boynton Beach, Fl 33435 Altn: Mr, William Hukill, P.E. City Engineer Re: Tara Oaks SDA Project No. 95-0261 Dear Mr. Hukill: The master plan is in compliance with all City codes and standards, Chapter 6, Article IV, Section SA, pg. 6-7 and Chapter 23, Article IIF, pg. 23-8 of the Boynton Beach Code of Ordinances for the master plan requirements, If you have any questions or concerns, please do not hesistate to contact me, Yours truly, SHAH, OROTOS & ASSOCIATES d-- uD mes F, Orotos, P.E. Florida Registration No, 35505 JFD:laf L01S,004 ....., ."" ... ~ '- Environmental Consultants, Inc. 222 S. U.S. Highway One. Suite 201 · Tequesta. FL 33469. (407) 744-7420. Fax (407) 7-1-4-288- August 21. 1995 .I City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425-0130 Attn: Mike Haag .'.@:D r2 ~ r2U!::l 0 \,.17 rc? f">\.1 II ~l.$ ~--:'~__'.~<_~., I ; '., ' . t.' I. 'I !h! POO 2 31995 d i \ \ :.j U ._.... I ------..--" Re: Tara Oaks Gopher Tortoise Relocation Dear Mr., Haag: , Approximately 55-60 gopher tortoises (Goplterus polyphemus) are predicted to occur on the Tara Oaks parcel. This estimated figure was determined using the burrow survey data and data resuldnl from burrow investigation \"ith an infrared video camera. The site has been significaritfylmpacted by prior land usage and clearing activities. These activities ha\e significantly degraded the available gopher tortoise habitat on the parcel. , The Tara Oaks parcel comprises +24 al.:rcc;, Florida Game and Fresh Water Fish Commission (FGFWFC) studies indicate lhal (llll.: ~l)pIH.:r lortoise rcqllir~o; olll.:-half (O,;l ;\...r~' of suitable habitat for long term survival. .\ppr\l\ Ill1<llely 30 acres of l'plIl11al habitat \\ ('lLdd be required to support the predicted Tara Oa\.;~ gopher tortoise population. Currently, th~ parcel supports a population density in excess of this recommended density and. as such, on-site preservation is not a viable option dut: to [11~ presence of insufficielll. low quality habitat on the Tara Oaks parcel. C&N recommends off-site relocation of the emire population to a large. regional gopher tortoise re-stocking area. Mr. Tom Slice (FGFWFC) concurs with the survey findings and the need to accommodate the lortoises through off-site relocation (telephone conversation August 21. 1995). An off-site relocation plan is being prepared for submittal to the FGFWFC. Upon authorization of the off-site relocation permIt. the lortoises will be captured and relocated to the designated recipient site. The listed flora and fauna survey also identified three scrub mint (Conradina grandiflora) plants which are slated to be relocated to the proposed on-site preservation area, No other state or federally listed floral or faunal species were observed on the Tara Oaks parcel. .--:- ~ '..,r The off-site gopher tortoise relocation permit issued by FGFWFC will not alter the Tara Oaks Master Plan or Site Plan as sho\l,,'ll in order to comply with the permit requirements, nor will the proposed tree relocation plan. Should you have any questions, please do not hesitate to call. Sincerely. C&N ENVIRONMENTAL CONS LTANTS. INC, c~!i(k President/Senior Biologist CMC/aj cc: Kevin J. Hallahan, City of BOynton Bench William V. Hukill, P.E., City of Boymon Beach , Susan Prillaman. Pulte Home Corp. Marcie Tinsley, Kilday & Associates 95-041 , ;; . ;; 1 ~,~ ~ i ~ i 0 ~ ;!: : ~ ! i - . , - . . ~ ~ - , ? ~ ::;-, t ~ ' t.:i~:."i m : ,idl "oJ ' I r ':. 'r '-I . .";.' J 1 i - . ~ - t:t I _ ~ ~ i~~:. 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I ...... t: 't...:Z i=; :f:~ J ..... yt. !~II il!~ I ~;i ...1.; .... .. :- ! eo I" .. .. . .. t ~flil ! I =111 , ,ill' I .r! ...' .. "'a- w .. .. ;I ~.Hl~'i "Iih ' i J ~I , 111'1 ' I ~ ...- ---.. .--. - E X H I BIT "D" . ....., ""'" Tara Lak.s Homeowners Association 43 Tara Lakes Drive East Boynton Beach. Fl 33436 Telephone (407) 732-5475 00 August 29, 1995 Ms. Tambri J. Heyden City of Boynton Beach P.O. Box 310 Boynton Beach, Fl33425-0310 PLANNING AND ZONING J€PT. Dear Ms. Heyden: In following the newspaper articles in regards to the Tara Oaks project and furthermore to a telephone conversation that you and I have had in April on the subject, we the residents of Tara Lakes are pleased that the .City of BoYnlDn Beach- has Mapproved. the extension of Knuth Aoad through to Woolbright Rd. In addition, we are pleased to Ieam that 1here are no longer plans to access the new community from Southwest Congress Blvd. With this in mind, the community of Tara Lakes wishes to ask that the City of Boynton Beach 'emporadly- annex the smaH extension of road that goes beyond Tara l..akea Drive West to the Tara l.ake8 HOA. In addition, a dead end balricade and caution sign would need to be placed in that position where the road presently ends by the City of , Boynton leach to prohibit illegal vehide traffic and dumping if this annex is allowed. .. In regardI to this matter, Tara Lakes HOA would like to place a basketball hoop in the Mpro_ posecr ...' for the residents of our community to enjoy. As the paved extension of road exists, there would be minimum coat to both Tara Lakes and City of Boynton Beach to allow for such structure. In addition, the 'emfJOrary- annex could be removed at a later date if the decision was made to connect Southweat Cong,.... to Knuth Ad or other extenaion. As the surfacing is already prepared it 'M)uld be a shame to see this property tom up when it could be used for real community activity. Our plan would make the extension a small park. Possibly a small ficus hedge would be added to give the area some needed aesthetic look also. Please consider our request and advise if you think this is possible. I can be contacted at my office at (407) 997-2299 during normal business hours or at my home in the evening at (407) 737-9173. We are prepared to contact the .City CommissionM or other official if necessary. In conclusion, thank you in advance for your consideration. Sincerely, (' t . ,.. ~ \ \ ~. \ I (~)lI~\ \\\l~ ,~: Robert J. Leissle President Tara Lakes HOA Sob Leissle PreSIdent Alan Landers Landscape Bruc. 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I 0-') :t=- ::0 :t=- o :t=- ~ Ul "tl ~ o c.... =" ~ ....., "0 c:: o -= ~= z~ ot"'" ~o <~ ~z oC) c:: >en t""'tI:! t-3 t""'1:ll 0> o-')n VJ~ - en tn ~~ I:llo ~t"'" ~ tn I tv c: t:1 en Q I:I:l tntl:l ~z: tl'Cr.I >z ~~ tnO tn sa I:I:l t-3 o ~ Z :I: o c: CIl ~ ~ ~. IJ, I'D >C ~ ~-~ o;:s~ t-3zt"'" ;g~o ~ii ~-> ~ I:I:l > (J :I: ~ ~ ~ ... lJ'I tIJ :::r IJ, ....... o rt t"'" o t-3 "'f.l> 8~ ""'~ "tl_ ~:% """~ Z:z ..-s~ :% c:: :% - .... co >:: -.J o - = ~;;S ><~e-' ~C)O ==""" :i..-sZ: '-' C) ~ ~~ ~O~ ~S~ ::x:~ ~ 8. .... I -l I I . -, ~ r.) .. E X H I BIT "F" . TO: FROM: DATE: REF: W" ...", BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT MEMO #016M I have reviewed the'above plans and sti'l,fJUli....aifi;,p~u~.c,pq1ment from earlier memorandum. In addition. there are now propose~:t?j,~~<il"f.cces~"~.8long the western. property line. along Knuth Road. The plans~te ~:..:~~ Box" type I~~;' (am,.IN~ sure what this concept refers to. but if it indicates th~sc ora key to each gate and loc~,tt!fCt\ ( would not recommend this method of securing an "~~ncy" access. These gatescao-:~r.~an imponant pan in evae~ation ofrcsidentll ~'==l'~'al en~ne.e for police critieal inc':~."eri"teams. Locating keys for specific developments thii; t the City IS not a preferred trend.\\ ;~\ .,,~~... ' . ,0 , u - - -.-.-. .\;....~~ '~:J ( also maintain my previous position on S. W. Congress Blvd. The d~vel'opment will only be accessible ftam Knuth ~~,ia W .;ij~n BeaAt:~. or \y'~ht Road. Response time for e~erg~nc:yY~iCI~i~:~e g~,~,~asc~ ',Q~",.~cer #,ety ~om~s a concern. . ( realize the obJcctlons from Cltp~e an~lcaK~::pf TarrdcVelopmqqt'. b4'J beheve completion of S. W. Congress Blvd w6&U4:!Rtiajte,~ tDnd..to their cmmlrlw:dtie's aUto. A traffic study was supplied by Yvonne Ziel Consultants, (ne. regarding traffic flow and projected growth in this area. The study refers t~ta...J99P study and also reflects the 1988 appr,4Vi('pf 77 single family units for Tara Oaks. llrtrst~' is not valid at this point. as the proje~&ijI_tans call for tripling the number of units, thereby,:trit>l!hg the nwnber of vehicle travel. Tar~"daij:i'~ now planning on 194 units and ( feel the study::rtc~~~ be redone and funher consider~~~f S. W. Congress Blvd being completed should be ~fIU~~~ in this project. .,> /,/ ,9') :"<~:.::::.) '(\ \,,:'::;,~, .". "of.. '\:...) ~espc ful.ly, AI ./lladn~ t. Marlon Harris Police Depanment ;' I , '1 t ij! i BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT TO: FROM: DATE: REF: T AMBRI HEYDEN. PLANNING & ZONING DIRECTOR SGT. MARLON HARRIS, POLICE DEPARTMENT 28 SEPTEMBER 95 TARA OAKS - REGARDING MEMO #0163 MEMO #0174 ............................ This memo is regarding my earlier me~.d{efi1~~thC ~fli~,..tlow survey. I have had conversation with Ms. Ziel regardi~~'o.iittt!Hurvey,:l~~i8 now clear and ( have no problem with her traffic study aJJd s~:;r still malntai~ posit~~ on all other points {., 0:......... .... '.' .... regarding this plan. It' >~~:::',,)/'~' "~,-",::} '~<:",,';r;;~;;\, 'r, '~.~. q~__.J,P j \~\\ '1r-' \\ ~, Respc~l\t. "::~ ll;""t~~)~r=Wadn~ r (il ! I 'nI ~..,..",Jj_ ~....: t..~ :~.. 15k--.NI&ROI1 AIIII18 Police Department !ii~)l} l,l{ :;? ~ "'? ::...... :~ . ':'. ..... ..::.:... ................ :~.. ":~ :;:f,:~~');> JB'\ IQ)o ;:..............................;.. .~ r'-' ...,~y.~j ') jl.._,wd ./ i r-~\ ! L",.,,) l w, L.."",:,,~.....~,' lJ . ~~) .. ..............;...~ f0~, '\~:::>,): :; .-:............~.. , , ., ..", RECREATION & PARK MEMORANDUM #95-424 FROM: Tambri Heyden, Planning & Zoning Director John Wildner, Parks Superintendent JAJ : Tara Oaks PUD - 2nd Review (Mast/Plan Modification) ill ;:1 / 8 /895 @ rn@rnowrn TO: -- PLANNING AND lONH.IG OEPt RE: DATE: Sept~ber IS, 1995 The Recreation & Park Departmeot bas reviewed the masterplan mOdification (2nd review) for Tara Oaks PUD. The following comments are submitted: I. The de\oeIoper appears to have addressed all comments in Recreation & Park memorandwn #95-379 with the exception of #2 concerning the provision of a clubhouse/meeting room whicb is still shown as a cabana. 2. A cabau. is not considered a separate recreation amenity but is considered a part of the swimming pool. This department feels strongly that a recreation center building (clubbouselmeeting room) is ~ essential part of the complete private recreation package for this type residential development. 3. Representatives for the developer have indicated their willingness to provide a different 5th private recreation element but not a recreation center/meeting room. We would DQl recommend this as an acceptable alternative. 4. At this time, the Recreation and Park D~artment cannot recommend one-half credit for private recreation provided. 5. Based on 192 D.U. X .0150 acres = 2.88 acres recreation impact fee. Since the developer is not recornrneoded for one-half credit, the full 2.88 acres fee is required at the time of final plat. JW:ad xc: Charles C. Frederick, Director, Recreation & Park Department File (" PUBLIC WORKS DEPARTMENT MEMORANDUM #95-165 TO: Mike Haag, Zoning Site Administrator FROM: Robert Eichorst, Public Works Director SUBJ: Tara Oaks Master Plan Modification - 2nd Submittal DATE: September 12, 1995 The applicant at the above site has requested can pickup at these location for solid waste disposal and recycling which could possibly be accommodated, however the location and accessibility for servicing must be shown at time of site plan submittal. ~~-7' , ?-- ;l,~ Eichorst Public Works Director RElcr ~ """" I, I: ~. DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-371 , 1 -f J TO: Mike Haag Zoning/Site Administrator ~AAAf~m Hukill, P.E. (j(Jfif\Engineer September 26, 1995 . FROM: DATE: RE: TARA'OAK8 - TRAFFIC 8IORAL As you know, Mr. Weisberg has informally reported that future traffic at the intersection of Woolbright Road and Knuth Road is not projected to warrant installation of a traffic signal at that location. He suggests that it is possible for the City to require the developer of Tara Oaks to escrow the cost of such a signal ($35,000%) to cover installation up to two years beyond development substantial completion and subject to traffic counts at that time. If the signal is not then warranted, the escrow payment would be returnedtQ.the developer. It is my opinion that traffic projections from Tara Oaks are so light that the likeliho~d of a signal being required in the future is minimal. If Knuth Road is constructed through to Boynton Beach Boulevard, additional traffic would be generated at Woolbright/Knuth. That may be pretty much offset by the reduction in traffic to/from Tara Oaks since residents and visitors will have the option of going either north or south on Knuth Road. If the Commission wish.. to mak- the ..crow .rr.ng.m.nt d..erlbed herein a condition of approval of Tara Oaks, we have no objection. WVH:ck xc: Carrie Parker, City Manager Ken Hall, Engineering Aide C:TARAOAKS,SIO DEVELOPMERT DEPARTMERT EROIRBBRIRO DIVISIOH MBMORARDUM RO. 95-349 -' TO: Mike Haag Zoning/Site Administrator ~~~m ~ukill, P.E. {}Lt~ng~neer September 13, 1995 TARA OAKS - TRAFFIC IMPACT AIIALYSIS FROM: DATE: RE: We have today first seen the September 12 traffic study for Tara Oaks. The two significant requirements contained therein are a right turn lane in at the project entrance and a southbound to eastbound left turn lane at the Knuth Road/Woolbright Road intersection. Normally additional conditions would not be placed on an application this late, but clearly it was the applicant's delinquent 8ubmission of the traffic study which made it impossible to respond--earlier. , WVH:ck C':TARAUAJ(lI,TRP '-' ." DEVELOPMERT DEPARDmIl'r EIIOIIIBERIIIO DEPARTMEII'r MEMORAIIDUM 110. 95-304 TO: Mike Haag, Zoning/Site Administration ~am Hukill, P.E., City Engineer August 16, 1995 ~m ,'" m pq.1~ S PlANNING AND ONING DEPT. FROM: DATE: RE: 'lARA OAKS - MAS'rBR PLAlI RBVID We have reviewed subject development and have the following to offer: A. Verify which roads require naming (for mail delivery) with U.S. Postal Service. B. Provide Traffic Impact Statement. Chap.2, Sec.9C4h(5), pg.2-85 C. Sidewalks are required on both sides of all local and collector streets. Chap.6, Art.III, Sec. 11A, pg.6-3 D. If street lighting is provided, establish deed --restrictions providing for a property owners association to pay for the operation of the system within the development. Chap. 6, Art. I I I, Sec .14, pg. 6-4 and Chap. 5, Art.5, Sec.2A4, pg.5-9 E. Provide Certification by Developer's Engineer that drainage plan complies with all City codes and standards. Chap.6, Art.IV, Sec.5A, pg.6-7 and Chap.23, Art.IIF, pg.23-8 F. Minimum IS" pipe must be used in storm sewer. Chap.6, Art. IV, Sec.5A, pg.6-7 G. Inlets must be in grassy areas unless otherwise approved. Chap.6, Art.IV, Sec.5B, pg.6-B and Chap.23, Art.IIF, pg.23-8 H. Locate all drainage easements. Chap.6, Art.IV, Sec.6B, pg.6-9 I. Knuth Road is a collector road by both PBC and FDOT standards (see FS 334.03(4) and must be dedicated to City of Boynton Beach. Required dedication i. 25'. Chap.6, Art.IV, Sec. lOU, pg.6-15 J. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap.6, Art.VII, Sec.4B, pg.6-24 K. Permits must be obtained for work within R.O.W. Chap.22, Art.II, Sec.7A, pg.22-3 L. In lieu of providing sidewalks on both sides of Knuth Rd., install an eight foot concrete bicycle/pedestrian path along east side of road. WVH/ck ('TAIti\()AKS .MI'I! From: &-@{fD W {f~~. ,11J/ ~~.I . ~ II ! !", -, '. r;)u Tambri Heyden, Planning & Zoning Direc~2E 0~~'~r.'."A10. ~. , ., J.. "r " Al Newbold, Deputy Building Official ' BUILDING DIVISION MEMORANDUM NO. 95-348 September 19, 1995 To: Re: TARA OAKS PUD Northeast corner of Woolbright & Knuth Road extended Building Division review of the response to our five comments in Memorandum No. 95-299 (copy attached), is not acceptable unless the plans show the correction. Our comments still stand, and it should be noted that our code requires parking to be on-site with the unit parking above the requirements allowed on common land. AN:mh Attachment: Copy ot Memorandum No. 95-299 Plans cc: William V. Hukill, P.B., Department of Development Director , A:TAaAOAlta,Tac: '-' .., BUILDING DIVISION MBMORANDUM NO. 95 -299 August 16, 1995 iI Prom: Tambri Heyden, Planning & Zoning Director Al Newbold, Deputy Building Official Tara Oaks POD Northeast corner of .oo~bright . KDuthRoad extended To: Re: Since a description of the request is to modify the Master Plan to change the type of unit. from apartments to townhouses, the Buildi~g Division would like to make the following coaaents: 1. Site should be platted. 2. Parking should be adequate for each townhouse on its own premise. 3. Recreation buildings should be constructed. , 4. Plans should be in compliance with parking signs and handicap code. S. Plans should show established easements and setbacks as it relates to townhouses. ~~ Al Ne 0-[- ---: - - AN:mh Att. Plans cc: William V. Hukill, P.S., Department of Development Director A: TAUOAItS,Tac Fire Prevention Memorandum No. 95-346 WDC '-J TO: PlaWling Department FROM: Fire Department DATE: September 21, 1995 RE: 1vfi>MD 95-007 Tara Oaks Knuth Road Extended The attached are tbe standard requirements for security gates. These requirements should be reflect~d un tbe site plan. I/t tit. (l, .. \ D. Cavanaugh, FPO I cc: Chief Jordan 'FPO n Campbell File . '-" ...." SECURITY GATES AND EMERGENCY ACCESS: I The Fire Department continues to have the opinion that security gates are detrimental to Fire and Rescue operations. The minimum performance for security gates is as follows: 1- Gates shall be openable by telephone, with a call from central Dispatch center. 2- when the gate is opened by the call from central Dispatch, it shall remain open until the emergency is over; at which time central Dispatch will be told, by Officer in charge, to close the gate. 3- In case of a power failure the gate shall open autoaatically. 4- Appropriate "Hold Harmless" agreement re: damage to 9.~.. equipment, etc. , PLANiUIJG _~1.JD Z'JNnrG DSPARTMENT ClEHORANDUM no. 9~-55S TO: Tambri J. Heyden Pl. c..nnlng and ZOlung D1W:;-. ctor C M1chael E. Haag ~. ZOlllng and 51 ta De ent Admllllstrator fRo;-r: DATE: Septeffiber 26, 1~19~ SUB:ECT: Tara OaKS (planned unit dtlvelopment) HPHD 95-007 (elinunat1on 01: the extensIon of S. ~-l. C0ngl-eSS Boulev.3rd, 131 tera tion of the 10,::a tion and type of recreation, a (:!1ange 1n unit type from apartments to to~mhouses, establ~shment uf pel-imetel- buf f er easell.ents and dwell1ng tull t s ~ tback.s dnd establish a par~el Ilne between the new townhouse proJect a~d the church property) Please be ad"vised of the following comments relat1ve to the second reVIew of the modified ma.ster plan for the above-referenced proJect: 1. With a distingUIshable symbol show, dimenSIon and label 0n the master plan the bUIldIng setback on each side of the parcel/property lIne that separates the church pr0perty from the residential property. It is recommended that the setback dlmension be labeled and shown followlng the perimeter of the open space area ldentified on the plan wlth the e~~Cef-t2.0r. e,i the follOWing specific setback dimenSions for the gaz",bc; south 20 feet, east 40 feet and west 260 feet. Change t11e setback note for the recreation area to indlcate that the 25 foot setback is for all amenities except for buildIngs WhICh shall, follow the perimeter setbacks. 2. Add to the setback chart the side bUildIng setback for the Internal lots. 3. Modify the submittal to Include a survey of the entire PUD. ~. Specify on the master plan that the proJect shall be platted and site plan approval is reqUired for all Improvements not included with the plat and construction plans of tne requIred improvements. 5 . Change the name of the document from "Master Site Plan" to "-Master plan". , 6 . Modify the parking data for the recreation ameni tIes to Ident~fy the correct number of required parking spaces. 7. It is recommended that the landscaping proposed for the east, west and south perimeter buffer easements be changed from one tree every thirty lineal feet plus shrubs twenty four inch on center to a grouping (4 to 6) small native or moderate drought tolerant trees (minimum height 8 feet) spaced thirty feet on cen ter and large na ti ve (evergreen) canopy trees (min~mum heIght 8 feet) spaced sixty feet on center plus a continuous native or moderate drought tolerant hedge (minimum height 24 inches) spaced two foot on center. The plan view wlll dep1ct the landscape material in nlQallderinq path l-ath~iU- than a stra1qht line. 8. Show on the master plan S.W. Congress Boulevard connecting to Knuth Road extended. 9. A revised master plan, which reflects all staff comments conditions approved by the City Commission and PlannIng Development Board, snall be submitted in tripl ica tli: to Plannlng and Zoning Department, prior to initIat1ng ~lattlng process. and and the tll.:: 10. Parking spaces shall be prOVided on t11e same lot as clio: dwellIng tc b6 s~rvea. ..... ~ Page 2 Memorandum No. 95-555 Tal-a Oaks MPMD 95-007 11, Compliance with all applicable comments regarding conditions of approval of the 1990 rezoning. 12. Compliance with all comments regarding the City's and Palm Beach County Traffic DivisionIs analysis of the traffic statement submitted by the appl icant' s traff ic consul tan t. (See Exhibit "A" - letter from Palm Beach County Traffic Division dated September 22, 1995.) MEH:dim xc: Central File a:Tara2 III . E X H I BIT "A" , ...,. ..""., Board of County Commissioners Ken L. Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee , , I ~.' ; t 'II i,.IU' (iL County Administra I,: Robert Weisman J , I.' , . /f!, September 22, 1995 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: TARA OAKS Pepartment of Engine 'J"~;".'i,..,r/,~-,~.,,,, ,-..' and Public Work~ '1''''' . -""~. --: ,.' : ,.r' ,\1\ -'--...~ \.. j ~_.,--,' Dear Ms. Heyden: Per Mike Haag's request, the Palm Beach County Traffic Division has reviewed the traffic 1.,.ct study for the project entitled Tara Oaks, pursuant to the Traffic Perfonlance Standards in Article 7.9 of the Pal. Beach County Land Development Code. The,,,oposed project will consist of 192 .u1t1-fa.ily residential dwelling units and 1.20,000 square foot church. The study reports this site to be previously approved for 77 sing1e-fallily dwelling units. The traffic study addresses the increase in tr,ffic from the proposed project, minus the approved project. The access points are all on Knuth Road. The build-out for the project is 1999. The traffic study addresses the traffic from a church only. We have been seeing many of the larger churches are being built with day school and day care facilities. If the project has these uses, the traffic from these uses also needs to be addressed. The Traffic D1vision has determined that the project meets the requirements 0' the Traffic Performlnce Standards 0' Pal. Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Yvonne Ziel's letter reconnends a right turn lane on Knuth Road, at the residential driveway, if Knuth Road is not extended to the north. While the projected peak hour traffic volumes meet the County minimum requirements for a right turn lane, there appears to be a flaw in the logic. Right turn lanes are needed to remove slower turning traffic from the through traffic flow. If Knuth Road is not extended north, there is no through traffic. The right turn lane would serve no purpose. When knuth Road is extended to the north, the traffic would probably be oriented more to the north. There would be a need for a left turn lane at the residential driveway. There appears to be only a short section of Knuth Road missing north of this project. It seems logical to make the connection to the north in conjunction with this development. Otherwise there will be a missing section of roadway in a fully developed area. "An Equal Opportunity - Affirm.ltiw Action Employer" ~T'...f.. _ _ . "'e)'~'" - ..... -, -'__,; '" _, Box 21229 West Palm Beach, Florida :ntlh-1229 (-t07) 6/'!-t--tOOO September 22, 1995 Ms. Tambri Heyden, Director TARA OAKS page two Sincerely, OFFICE OF THE COUNTY ENGINEER q D ...L,.CVh )'V~)I Dan Weisberg, P.E. Senior Registered Civil Engineer cc. Willi~ Hukill, P.E., Director Boynton Beach Department of Development File: TPS - Mun. - Traffic Study Review . g:\user\dweisber\wp50\tps\boyn52 VIII. DEVELOPMENT PLANS C cc: Dev, Plan, Util PLANNING AND ZONING DEPARTMENT MEMOF Agenda Memorandum for October 17, 1995 City Commission Meeting TO: Carrie Parker City Manager Tambri J. Heyden -~ Planning and Zoning Director FROM: DATE: october 13, 1995 SUBJECT: Tara Oaks PUD - MPMD #95-007 (Change in access, recreation, unit type and use acreage) Please be advised that the above-referenced item is on the table for the October 17, 1995 commission meeting agenda. DESCRIPTION: A detailed description of this request is presented in Planning and Zoning Department Memorandum No. 95-541. You will recall that at the last Commission meeting the applicant requested that the Commission table this item to the October 17th meeting. You will further recall that the reason for the request to table was to allow time for the applicant to substantiate his claim that the description of his request in the above-referenced report, specifically to omit the extension of S.W. Congress Boulevard to Knuth Road, was in error based on his belief that the omission of this road was approved with the 1990 rezoning/ master plan for Tara Oaks. Today the applicant plans to further research this issue by viewing the files of the Planning and Zoning, Engineering and utilities Departments, since to date there has been nothing found which supports, with total certainty, the applicant's claim. Attached is a reduction of the master plan, showing a cul-de-sac terminating S.W. Congress Boulevard rather than extension of the road, which the applicant believes was approved in 1990 and granted a time extension in April of this year. However, if this is the master plan that was granted an extension, it conflicts with the master plan staff presented to the Commission in the backup for the time extension and conflicts with the statements made by the applicant's traffic engineer in the traffic report that was submitted with the time extension. If staff's assumptions were incorrect (staff had no reason to believe that they were incorrect after researching minutes and files), it would have been appropriate and important to have raised the issue at the time of the extension (the approval of which spanned the course of five months between submittal of extension and Commission approval). As evidenced by the current staff recommendation against this road omission, had this issue been raised with the extension, staff's recommendation would have reflected the same concerns currently expressed. At best, the June 19/ 1990 Commission minutes of the master plan approval (ordinances approved later) state that when the applicant presented a new master plan to the commission that staff had never looked at and which showed no S.W. Congress Boulevard connection, Planning Department staff indicated that if this road was not extended1the right-of-way should be dedicated for future road construction by the City if the need arose. The proposed master~~an does not reflect this either. In fact, the current propos~hows 14 dwelling units and 23 parking spaces within this right-of-way for the future road construction. This leads to the argument that the 192 units previously approved cannot be accommodated a~ownhous~ithin the acreage that was previously designated for residential use, even with the very small lot size proposed. TO: Carrie Parker -2- October 13, 1995 Lastly, clarification is needed regarding staff's recommendation for construction of turn lanes for this project. Based on the attached Engineering Division Memorandum No. 95-379, received after transmittal of the Planning and Zoning Department's staff report, the following turn lanes are recommended: 1. Southbound left turn lane on Knuth Road into the proj ect; 2. Southbound left turn lane on Knuth Road at the intersection of Knuth Road and Woolbright Road; and 3. Northbound right turn lane on Knuth Road into the project. RECOMMENDATION: Staff's recommendation remains unchanged, subject to further conditioning any approval of the project with construction of the above-listed turn lanes. tjh Attachments xc: Central file A: TaraOMPM . .. 3 . . . ... .. ... .. . I~J~ r=.t- f ~Jii~ I' ,. ,- o. J.ii: .I. ..I........ ..f 2 ... .. .::,: Ii 'I, ... , . .. . .. '" .2.. ..... . .. .0 . ;1=1 c... ......t .. . ru: . - ..- J ... C'" "-I. I'" . . . .. . : . . .. . . .. .. .... ..... .. a-.a ... Ii . .- . . Coo. I .U .K.. .. ........ ... .. . .... 2 1';:: ...... ~ .......: . .... t-. .. ~ , : J - . . .:: .- . .. f: :e .... .... I~;: J -. . ,: :~t I .... . .... i -..... ,: .T --. .-.. .. -... g ;>..;:: J... :.,= c . ... .. . .... ... . ..... .... .. . . . -Ut 1..=.... :.1= CI.':' ,....- ... .... ... . - ....... -.... t -.... t --a- = Jf =: ... ... j: ... ... -....... . '1= , ... .. ~ I":' S ~ ~ 1= w .. .. 1-. ;;: - .. I. ... - ... - ~ , I ;\1 J , I 1':1:- '1 ;'.' t ) I' ,; I , \ I I I I \ 1 I ; " 1/ : '1\ \ .. I , 'I \ .~' 'I a>>-. :' 'Q~' '''I~!I · ,,>>-.... : ':J I ~.;R , ' ! ~I / (. I \ I ._.....-..J \., .......-'" \_J. \ ,,, 1 {/ \ J II I ('" I J . · \ \ (0 3. / ) \~ . 1''' \J J \ : '-':\ \_--~ .1 "~t ~ I' ----- II -===-- .. ....c ..~...,.... ____ ) -I ~ 11-, ....~ 1:... II I I If . i . ... ........ .~- .0. l. ,.r i. .' t ".. '" I . .. ~ I ., "t . . .m, i I " ,~li.. . .m t. I: :' ".. .m 'I J ' I .' , I I .. .111, ~ !,' , I 1!':d f II" ",IUff , : HI ml ! ihmli!JWM 'I" 1/~"!~';11!5 ; I ~ j II ;! ! 'I" III' 'I' If ....,.: I '~~2 ". i "" Ii: f I' f 1 J ii :. I. Iff ! :Htli HIli j ~ if f'nr I. · ,1.. I I .lul' " f 11flf _JI I If:1 J ~ J 111.1 !! · J ; ',ffll jl f! I. I' · ., J ~ II I "J!bJ I.' I!I I Id I J'_III' ' I '1 I ., 111!f,! Ijl i JII .! if l,l.1 i r ""I'r'! I', .1 I ~ .I.! ' ! f liH~1 hI- I,f I !if '!:f ,'ii: , I' · Jlllf- I) I II I i!, ~f~ !III 'I .11 Iii, J,'II, I If I.JJi. Jfil JIIIU, f UJ, . . .'+1111 .11....... ..u. '1liI'lIi,..il :,'11,' hi'::'lt,flU i;i hi "1,',:1" IIi' " '11"1:111,;1' · 'f,.'f 'Ii I'.!': ,,' . Q I"fl, I " rf" ,I · .ill,,:"','I.' 111"i' I It . "'1 ,. , I I!!!!,' ",!I'illli!lf. . I i;!I~:i .a,IlI:,III'1 ... .i.11r I.lJhlr.IUU. alJ II f n'l I: il !ljU IlIll -- 1 I " 1 ! J . ; ~: I ~ , ..Ill! i llil.i .~ .".1 _ J a Q It i i . at en & ~ - c( I- i o "Iii s: c( - ... a: 0 . ~ B j ri · 'IJ ! I , ~ . '. I lu;i I I' 'a 1- ; , i. ~J I HHI: " . I '" ~ . .x ~i .~ /' ,I ~ , i ,"'- DEVELOPMERT DEPARTMENT ENGIREERIRG JJIVISIOR MEMORARDUM RO. 95-379 ~/ .. TO: Tambri J. Heyden Planninq & Zoninq Director hf~am HUkill, P.E. ttI"f-Engineer September 29, 1995 FROM: DATE: RE: TARA OAKS - DBCELERATIOR LANES We have reviewed the Weisberg September 22 letter and find his logic reasonable, particularly with regard to the southbound left turn lane into Tara Oaks from Knuth Road. A right turn (northbound) lane into Tara Oaks from Knuth Road also is desirable. Neither has much value until the "link" is constructed, but both will be desirable at that time. WVH : ck " C:TARAOAKS,LN PLANNING AND ZONING DEPART~ MEMORANDUM NO. 95-541 III. DEVELOPMENT PLANS C cc: Planning Utilities Development Agenda Memorandum for october ~, 1995 city Commission Meeting TO: carrie Parker city Manager! .~ _'^ '? IJt~() ,{ r--'~ Tambri J. Heyden ~ - Planning and Zoning Director DATE: september 26, 1995 IJ ~ f- 1~!il j j,L" Jc I. c<:,P IL tr- L,l t (~~ ftr};~ 95-007 (change in access, use acreage) J~ rr- r~ C fNV{-yZy,1- THRU: FROM: Michael E. Haag zoning and Site Administrator SUBJECT: Tara Oaks PUD MPMD recreation, unit type and NATURE OF REOUEST ~ Kilday and Associates, agent for pulte Home Corporation, contract purchaser of property owned by Bill Winchester is requesting to modify the Tara Oaks PUD master plan. The 20.16 acre proj ect previously planned for 192 multi-family apartment units, 20,000 square foot (650 seat) church and open space area is zoned PUD and located at the ,northeast corner of Woolbright Road and Knuth Road extended (see Exhibit "A" - location map). The requested changes are limited to the north 14,470 acres of the PUD and are as follows: (s.ee Exhibit "BU,-.letter of request an..d.pr~o_sed maste~ ".' plan) : 0/[ ~ e ~ JUL;2 Ile CC)l" ~Jj\.--r<\.- /{AJ'~~J-Y7VVI.L-~eiX-~;j;;;{~; 1. Gmit the extens~on10f S.W. congr.ess Boulevard ~Knuth it;-d,~~ Road. pC! 4- / IL{!-/ ry;::'2ilal ~:ff. -!{/~~}p';i<", V"v1 '" 1 ...,-, , 2... " qi-,; tLtvJ, 'f c '< -( ? Reduce the number of access PO~i ts .into the project from ,. '+.' two (2) to one (1). ~ pJ\.( ~"d. . . / t'( -> &/ '1 ~ "---;J.L- , 3. Increase in the size of Pod 1 (residential tract) by r<. " .1: J,AIJ.,c;S',rF9r:aJ.:lng .6 acres resulting from the elimination of -( ~~ (,l \uti ~~~ss Boulevard right-of -way. A new property line which subdivides Pod 2 (open space) therefore creating a project that consists of 5.69 acres for church with open space and 14.7 acres townhouse project with open space. 2. 4. Change the type of units from 192 multi-family apartments to 23, two-story bUildings with a total of 192 townhouse units. Establish the following building and site regulations for the townhouse units: Building setbacks (individual lots); front 10 feet, rear 15 feet, side (end unit) 3 feet, side (interior unit) 0 feet. Note minimum building separation is 15 feet. Pool setbacks; pools not allowed. Screen enclosure setbacks; bUilding setbacks. shall comply with <J/- Minimum 1 i'J ing area - 750 square feet (proposed unit sizes - 913 square feet, 1,079 square feet and 1,082 square feet) Building height - Remains as originally approved (30 feet, two stories) ~ .." .. Page 2 Agenda Memorandum for October 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 "~v Lot area - 1,260 square feet (end unit) and 1,050 --'7'\square feet (interior uni t )\.v\'),"t \~. V\'1"~~ \ .~~, 1 Perimeter setbacks: Increase the north setback from 20 feet to 40 feet. Please note the fOllowing setbacks remain as previously approved; 40 foot front (west Knuth Road), 40 foot rear (east) and 20 .A foot side (south). Also note the perimeter (\ ~t 1;',,\./ t setbacks take precedence over building setbacks for "' 1;Vlr-- .- vd'Jv'~J individual lots. '--' ~ X' '\.-, <;, , 5. ch~ng~ the type and location of private recreation amenities from a clubhouse, pool, jogging trail, picnic ~.. .. area and fishing dock to pool ,cabana (re!ltrooffis fvr. t,e-DrtJ ~, sand volley ball court, jogging trail:>.atMl gazebo ~ y...... g . ~ amenity. The current and propose~ l,ocation of (JS'-' the recreation amenities are shown on Exhlblt tic" and I Exhibit "B" respectively. 6. Establish a 25 foot wide landscape buffer along the north property, 15 foot wide buffer along the east property line and 10 foot wide buffer along the west (Knuth Road) property line of the project. Pod 2 an open space and detention area border the south property of the residential tract. V;.. l' ' ~.., \~ c\ ' \\~ f'fsACkGRaUN!?/i: ~~ ~ ,I')\: -{e-:} t~J~ On June 21, 1988, the City Commission approved a master plan and rezoning of the Tara Oaks PUD property from R1AAA (single-family residential) to PUD with a land use intensity (LUI) of 4.00 for 78 single-family, detached units. On December 18, 1990, after review by the Department of Community of Affairs (DCA) and with objections, the City Commission approved ordinances for a land use element amendment that changed the land use classification of the property from Low Density Residential to Medium Density Residential and rezoning of the property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192 mUlti-family uni ts, private recreation and a 20,000 square foot church (see Exhibit "C" - current master plan). The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. The 1990 applications were submitted under Palm Beach County's current traffic performance standards ordinance, however prior to the effective date of the City's concurrency management ordinance. Therefore, concurrency certification for traffic and concurrency exemption for drainage and neighborhood parks were granted with the 1990 approval. On June 2, 1992, the City Commission approved a request to allow construction of the south portion (adjacent to the church parcel) of Knuth Road, prior to preliminary plat approval of the property. The reason for submitting the request was to ensure the Church of J~su~ Christ of Latter Day Saints' purchase of the church parcel wlthln the PUD, which took place on June 26, 1992. On June 16, 1992, the City Commission granted a one (1) year time extenSIon that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until a retroactive extension which was filed Page 3 Agenda Memorandum for O:tJber 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 in November 1994; 3 period of one year and five months. On AP1-il 8, 1993, the City Commission approved a master plan modiflcation for the Tara Oaks PUD to amend the condition of approval WhlCh required the construction of Knuth Road to be tied entirely to the Tara Oaks PUD. The approval of the master plan illodification allowed the construction responsibility for Knuth Road to be shared by the Knuth Road PCD. On April 18, 1995 the City Commission approved the retroactive extension submitted November 1994. The approval granted months to file a plat application. The approval was conditioned upon the applicant evaluating reducing density at of the applicant's next submittal (subject request). time nine also time Chapter 2.5, Planned Unit Developments, of development regulations states that changes developments shall be processed as follows: the in City's planned land, unit Section 12. Changes in plans. "Changes in plans approved as a part of the zoning to PUD may be permitted by the planning and Zoning Board upon application filed by the developer or his successors in interest, prior to the expiration of the PUD classification, but only [after] a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes shall be proposed as for a new application of PUD zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission. Non- substantial changes as determined by the city Commission in plans shall not extend the expiration of the eighteen month approval for the pun classification." ANALYSIS staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned unit developments as stated in the following sections of Chapter 2.5 of the City's land development regulations: Section 1. Intent and purpose. 11 A Planned Uni t Development District (PUD) is established. It lS intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the City, and the protection of adj acent and existing and future City development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the City. Regulations for Planned Unit Developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable City regulations to the same degree that they a~e lntended to control development on a lot-by-lot basis. In Vlew of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable ln Slze, location and character for the uses and structures proposed are to be planned and developed as unified and 'Wf ~ Page 4 Agenda Memorandum for cctober 2, 1995 city Commission Meeting Tara Oaks PUD MPMD 95-007 coordinated units. Section 9. Internal PUD standards. B. INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage on dedicated publi: roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone." The following evaluates the significant issue relating to the proposed changes: 1. Omission of the S.W. Congress Boulevard connection to Knuth Road extended - This change will cause a redistribution of traffic from the original approved road network. The Police Department Memorandum No. 0168 indicates that the response time for emergency vehicles to the subject property as well as the Clipper Cove and Lakes of Tara development would be greatly increased if the road connection was' constructed. II The Lakes of Tara Homeowners Association has indicated that they are not in favor of extending S. W. Congress Boulevard to Knuth Road extended (see Exhibit liD" - letter dated August 29, 1995 from "Lakes of Tara Homeowners Association). The association has also requested some minor improvements to this area that are normally paid by an applicant as part of abandonment. From evaluating the plan, it appears that the change in unit type from apartments to townhouses and the desire to retain the 192 units from the approved master plan, as well as offer a privatized community, has driven the elimination of the S.W. Congress Boulevard extension. The reason for this is that because of stacking and clustering of units, apartments (previous master plan) more efficiently use landi yielding a higher number of units per acre. Uni t types ( such as townhouses) that only cluster units and not stack, require more land area to yield the same amount of density, even when both unit types are limited to two stories. The argument often made of not wanting to extend an eXisting road to a new project because of traffic and division of residential tracts is not applicable to this project since even with the previous master plan the project's residential area was consolidated to one side (north) of S.W. Congress Boulevard. Furthermore, the only traffic that will use S.W. Congress Boulevard is the traffic generated by this project; reason being the existence of Quail Ridge to the west and therefore, the lack of further extension of S. W. Congress Boulevard west of Knuth Road. This issue of connecti vi ty of roads to the eXisting road network has been raised frequently over the past five years due to increased popularity of privatized communities which st~ms from increased crime or the perception of increased cn.me. Rarely do applicants and homeowners understand that w~th priv~tization, quality of public services (response to flre, pollce, utility emergencies and evacuations) decreases, not only to their development, but to surrounding existing and future developments that benefit from the safety and Page 5 Agenda Memorandum for October 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 convenience of an improved, integrated road network wi thin their city or county. In their memorandum the Police Department notes the benefit to multiple communities when roads are extended. The pre-planned extension of the existing dead-end of S.W. Congress Boulevard was to provide quicker response by police units in the western area of the city to the houses in the western areas of Lakes of Tara which at this time only have access from Congress Avenue. This gives the Police Department the option of sending a police unit from the east or west, or both if needed, to best handle an emergency in either the Lakes of Tara or Tara Oaks developments. 2. Reduction of the number of access points into the project from two (2) to one (1) - Implementing this change would result in the need for emergency access point (s) . As indicated in Police Department Memorandum No. 0168, they have provided emergency access points along Knuth Road, however, the "Knox Box" type of entry is not acceptable to the Police Department. It should be noted that access points restricted to emergency vehicles, rather than providing a full access are less than desirable and can reduce quality of emergency service too. With the increased popularity of privatized communities the fewer the access points, the lesser the cost to the developer and homeowners to secure their access points with guardhouses, or the less expensive method of automatic gates. Both Police and Fire have been accepting these alternative types of access, provided the type of gate opening mechanism is agreed upon, realizing that over time, the availability of these emergency access points can be forgotten about and never used. 3. Increase in the size of Pod 1 (residential tract) by incorporating the .6 acres of the proposed elimination of S.W. Congress Boulevard and the subdivision of Pod 2 - These proposed changes are acceptable with the condition that the subdivision of Pod 2 does not decrease the total area of Pod 2 below the originally approved 3.5 acres and that on the master plan the acreage breakdown for each parcel/property be delineated. As was noted previously in issue 1 above, this increase in Pod 1 size is driven by the omission of the road extension and the desire to retain the full 192 units. 4. Change the type of units from 192 mUlti-family apartments to 23, two-story bUildings with a total of 192 townhouse units _ All bUilding and site regulations are acceptable wi th the exception of the location of the parking spaces and the size of the lots. The lots shall be extended to include no less than two (2) parking spaces on each lot. Find attached Exhibi t "E" - Townhouse Chart, which is a comparison of; building, pool and screen enclosure setbacks, location of parking spaces, floor area and lot area of the site subject request and three other PUD townhouse projects approved by th Ci ty Commission. The applicant is proposing the minimum number of parking spaces of two per unit, but does not include them within the boundaries of the lot of the unit. The zoning code requires that "parking spaces for all dwellings shall be located on the same lot as the dwelling to be served". No ot~er "true" townhouse proj ect in the ci ty, even in a PUD, WhlCh generally allows flexibility with regard to bUilding and s~te regulations, in exchange for greater open space, exists Wl ~hout parking provided wi thin the lot boundaries. The bUl~dlng Division has indicated that the city's security ordlnance would not allow parking spaces to be numbered (in an .,. ..., Page 6 Agenda Memorandum for October 2, 1995 city Commission Meeting Tara Oaks PUD MPMD 95-007 attempt to assign spaces to units). The reason for this is so that it cannot be readily determined whether a homeowner is home or not. There is much less of a chance of someone else parking in "your" pal'king spaces if they are located immediately next to your unit and on your property than if the spaces where located on common areas. 5. change the type and location of the recreation amenities from: clubhouse, pool, jogging trail, picnic area and fishing dock to pool, cabana (restrooms for pool), sand volley ball court, jogging trail and gazebo or garden amenity - with respect to the proposed changes in the location of the amenities, staff is in agreement with the proposed locations. However as indicated in the Recreation & Parks Memorandum No. 95-424, the cabana is not acceptable as a recreation amenity that would allow the applicant to receive one half credit towards required recreation fees (one half credit applies to projects that provide five (5) recreation amenities). Based on 192 dwelling units the full recreation impact fee associated with the land value of 2.88 acres is required at the time of final plat. The Recreation & Parks Department strongly recommends that the applicant provide a clubhouse building which would allow the applicant to receive one half credit for providing five (5 ) recreation amenities. Providing a clubhouse or recreation building is consistent with the development of other cluster housing projects in the City. , 6. Establish a 25 foot wide landscape buffer along the north property, 15 foot wide along the east property line and 10 foot wide along west (Knuth Road) property line of the project ~ The proposed landscape buffer areas are acceptable to staff with the condition that the buffer area along the east and west property lines be enhanced to include groupings of trees (4 to 6 trees) with a spacing between groupings not to exceed thirty (30) feet rather than one tree every thirty feet. The spacing and size of the shrub material identified is acceptable. RECOMMENDATION On Tuesday, September 12, 1995, the Technical Review Committee (TRC) met to review the master plan modification request. The Board recommends that the city Commission make a finding of no substantial change for the proposed modif ication, and that the Planning and Development Board approve the request, subject to the staff exceptions listed above and the attached staff comments Exhibit "F" Police Department Memorandum No. 0168 and 0174, Recreation & Parks Department Memorandum No. 95-424, Public Works Memorandum No. 95-165, Engineering Division Memorandum Nos. 95-371, 95-349 and 95-304, Building division Memorandum No. 95-348 and 95- 299, Fire Prevention Memorandum No. 95-346 WDC and Planning and Zoning Department Memorandum No. 95-555. It should be noted ~owever that if the Commission concurs with staff regarding the lSSU~S of, th~ extension of S.W. congress Boulevard and containing par~lng wlthln the lot boundaries, the master plan would have to be revlsed. 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Landscape Archltectal Plann.r. t 55 t Forum Place Suite 100A West Palm Beach, Florida 33401 14071 689-5522 · Fax: {4071 689-2592 " August 31, 1995 Ms. T ambri Heyden, Planning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Be~ch Blvd. Boynton Beach, FL 33425-0310 RE: Tara Oaks PUD Minor Master Plan Modification Our File No. 738.2 Dear Ms. Heyden, Please accept and process the attached revised information for a Minor Master Plan Modification to the previously approved Tara Oaks PUD, located north of Woolbright Road and east of the future Knuth Road. We are submitting this revised Minor Master Plan Modification application on behalf of Pulte Homes Corporation South Florida Division contract purchasers of the property and Bill Winchester, owner of the prpperty, and incorporating comments received at the August 15, 1995 TRC Meeting. The latest Master Plan approved on June 8, 1990 reflected a total of 192 multl.family units on the northern portion of the site, an open space/preservation area centrally located, and a church parcel on the southern portion of this site, The proposed Master Plan retains the 192 previously approved units which will now be developed as fee simole townhomes. The open space/preservation tract remains centrally located, and the church parcel remains unchanged on the southern portion of the site. Attached with this application is a revised Master Site Plan for the project reflecting proposed building locations and corresponding lot lines, access points, the recreation area and parking configurations. The Conceptual Landscape Plan specifies proposed landscape buffers and plant material requirements. A previously approved cross section is also included with the submittal set. This cross section has been revised to reflect an agreement made between the Stonehaven Home Owners Association and the property owner The conceptual engineering plans, as well as a boundary and tr.e survey, are also attached. The perimeter landscape buffer and the building setbacks proposed are consistent with those previously approved. Minor adjustments have been made to the main access for the PUD, The church parcel, which is under separate ownership, will retain the two previously approved, ~ccess points, The previously approved plan reflected two main access points to the residential ~.rcel. This has been reduced to one main access point which will be controlled with a security \ate, Three emergency access locations are proposed elsewhere along Knuth Road. These access -~. . Ms. Tambri Heyden August 31, 1995 Page 2 points will be stabilized to support the weight of emergency vehicles. They also will be gated and locked pursuant to the City of Boynton Beach Fire Rescue requirements. The developer of Tara Oaks will be constructing Knuth Road from just north of the L-25 Canal south to Woolbright Road including the required crossings over both the L-25 and L-26 Canals. Concurrent with this roadway construction, an eight foot wide bike path will also be constructed on the east side ot Knuth Road adjacent to Tara Oaks PUD. A private recreation site of 1.75 acres is provided for Tara Oaks PUD. The active portion of the recreation area is provided adjacent to the main entry. This recreation area has been relocated from the site shown on the previously approved Master Plan to address conditions imposed on the original approval. A passive recreation component consistent with that previously approved is shown in the open space tract and will consist of a jogging trail through the preservation/relocation area and a gazebo or garden amenity at its terminus. A total of five (5} recreational amenities are proposed to receive one half credit for the public recreation land dedication. Consistent with the past approval and the comments again Included in Parks and Recreation Memorandum #90-229, the developer will pay a fee in lieu of land dedication for the public park commitment. The attached plana have been revised addressing those issues raised at the TRC meeting of August 15, 1995, and subsequent items included in the TRC comment memorandums Issued by each reviewing department. The following is a recap of the comments included in the memorandums and subsequent responses by the project team. , POUCE DEPARTMENT MEMORANDUM NO. 0158 1. The final approved Master Plan depicted Southwest Congress Boulevard to be terminated into a cul-de-sac per the request of adjacent residents. The proposed plan shows the western right-of-way stub of Southwest Congress Boulevard to be removed. 2. The developer is Investigating the feasibility of providing 24 hour access through the automatic gate entrance system. A telephone access system or a similar feature will be provided. RECREATION AND PARK MEMORANDUM NO. 95-371 1 . Attached Is a statement from our environmental consultant stating that the permit from the Florida Game and Fresh Water Fish Commission will not change the Master Plan as shown in order to comply with the requirements of the permit. 2. A Tree Management Plan and an Environmental Assessment are forthcoming. In the attached statement from the environmental consultant, there is reference to the Tree Management Plan and the Flora and Fauna Survey. UTILITIES DEPARTMENT MEMORANDUM NO, 95-255 1. The revised Conceptual Engineering Plan shows water and sanitary sewer being provided to Pod 3. ~ ~ Ms. Tambri Heyden August 31, 1995 . Page 3 2. The project engineer Is aware 01 the comments and will Incorporate them In their 11nal plans. ill 3. The revised Conceptual Engineering Plan showing a connection to the existing 10. water main on Southwest Congress Boulevard. BUilDING DIVISION MEMORANDUM NO. 95-299 1. It Is the Intent ~f the developer to plat this project. 2. There is an adequate number of parking spaces for each town house. These parking tracts will be dedicated as either easements or common parking and access tracts, 3. The reareatlon building will be constructed along with the construction of the 11rst town house building. 4, The final Site Plan will comply with parking signs and handicap code. A complete Site Plan application will be processed following Minor Master Plan approval. 5. The final Site Plan will show the established easements and setbacks as they relate to the town houses. A complete Site Plan application will be processed following Minor Master Plan approval. , FIRE PREVENTION MEMORANDUM NO. 95-325 1 . The approved Master Plan depicts Southwest Congress Boulevard terminating Into a cui- de-sac per the request of the adjacent residents. It Is the Intent of the developer to have the western right-of-way stub removed. 2. The attached Master Site Plan has been reviled to allow for turn-around ar... with a radius large enough to accomodate a fire truck. ENGINEERING DEPARTMENT MEMORANDUM NO. 95-304 A. The U. S. Postal service will be contacted to verify which roads will require naming, these names will be incorporated into the Site Plan application following approval of the Minor Master Plan application. B. The traffic impact statement will be revised to reflect the redistribution of traffic pursuant to the removal of the Southwest Congress Boulevard connection to Knuth Road, C. The Master Site Plan has been revised to show sidewalks on both sides of the internal roadways. The sidewalks will be in compliance with Chapter VI, Article Ill, Section 11 A, Page 3 through 6 of the Boynton Beach Code of Ordinances. D. Deed restrictions will be established to provide for a property owners association to pay for the operation of a street light system within the development at the time of plat approval, Ms, Tambri Heyden August 31, 1995 Page 4 E. The engineer for this project has certified that the drainage plan will comply with all City codes and standards and a copy of this IQtter has beQn attached for your review. F - H. The engineer Is aware of the comments and will Incorporate them Into the final engineering plans. I. The eastern 25' of the 80' right-of-way has been dedicated. This dedication has been recorded in a.A.B. 7324, Page 1162. J. Acceptance from South Florida Water Management District and Lake Worth Drainage District will be required prior to final engineering approval. K. A permit will be obtained prior to working within the right-of-way per Chapter 22, Article 2, Section 7 (A), Page 22-3. L In lieu of providing sidewalks on both sides of Knuth Road, the developer has agreed to install an 8' wide bicycle I pedestrian path along the east side of the road. PUBUC WORKS DEPARTMENT MEMORANDUM NO. 95-145 1. The Site Plan has been revised to accomodate sanitation vehicles. As per our meeting with Mr. Robert Eichorst, the garbage collection areas will be located at the time of final site plan approval. , RECREATION AND PARKS DEPARTMENT MEMORANDUM NO. 95-379 1. The recreation dedication requirement calculation has been shown on the Master Plan (page 1014). 2. The five recreational elements consisting of a swimming pool, a sand volleyball court, jogging trail, gazebo / garden amenity, and cabana have been shown on the Master Site Plan and Master Plan, The appropriate parking spaces have also been shown along with the required handicap spaces. It is the intent of the developer to utilize the cabana as one of the five amenities, but no meeting area is proposed. An alternative amenity will be provided if this is not acceptable. 3. It is the intent of the developer to provide a cabana as one of the five amenities, but no meeting area is proposed. If this is not acceptable an alternative will be provided, 4, The developer agrees to construct the Jogging trail with asphalt or another permanent surface to minimize maintenance. The revised Master Site Plan shows the Jogging trail (1320 linear feet (1/4 mile) in length). 5, Details for private recreation equipment will be provided during the Site Plan Review Process. 6, Parking spaces will be provided for the two recreational elements in the southern portion of the P,U.D, These spaces will be noted on the final site plan. --- .,. Ms. Tambri Heyden August 31, 1995 . Page 5 7. It is the intent of the developer to construct a detention area leaving the rest of the open space pod in its natural state thus maintaining Its natural characteristics. If a lake was constructed in the open space area, the number of preserved trees would decrease, '" 8. The preservation area will remain in the southern portion of the property. If you have any questions or concerns In regard to this application, or If you need any additional information, please do not hesitate to contact either Marcie Tinsley in this office or myself, Thank you in advance for YOl,Jr past time and future consideration for this project. Sincerely, Co~I~~ Kilday & Associates, Inc. Enclosures cc: Susan P~IIaman, Pulte Home Corporation South Florida Division Yvonne ZIe~ Traffic Consultant Jim Drotos, Shaw, Drotos ,5,,,~(~ Received B : , Date Pb{/9~ CW/jb/heyden,831 r4!11 "' A SHAH ~. -.... ........ - -. - ~DROTOS Engln..rlng Surveying Planning &ASSOCIATES .901 NW, 17"' Way Sull. .0. Fl, Lauc:l.ldal., FL JJJ09 PH: (954) 776-7604 FAX: (954) 776-7608 August 30, 1995 City of Boynton Beach Engineering Department P.O. Box 310 Boynton Beach, FL 33435 Attn: Mr, William Hukill, P.E. City Engineer Re: Tara Oaks SDA Project No. 95-0261 Dear Mr, Hukill: The master plan is in compliance with all City codes and standards, Chapter 6, Article IV, Section SA, pg. 6-7 and Chapter 23, Article IIF, pg, 23-8 of the Boynton Beach Code of Ordinances for the master plan requirements, If you have any questions or concerns, please do not hesistate to contact me. Yours truly, SHAH, OROTOS & ASSOCIATES ~.u~ mes F. Drotos, P,E. Florida Registration No, 35505 JFO: laf L015,004 ..... IlW .. ~ ",-. Environmental Consultants, Inc. 222 S. U.S. Highway One. Suite 201 · Tequesu, FL 33469 . (407) 744-7420' Fax (407) 7-14-288- August 2 1. 1995 #' City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425-0130 Aun: Mike Haag '.~:D f'2 ~ G; O~J7 i@8',,1 .1 .. ~l.S ~-~'?-..'--"':'._.!::: "': i ': ~ 'I !j,~ . AUG 2 3 1995 j:~ !l! \ I't' I'J 1_,__, I --..---..-....-- Re: Tara Oaks Gopher Tortoise Relocation Dear Mr: Haag: Approximately 55-60 gopher tortoises (Gopherus polyphemus) are predicted to occur on the Tara Oaks parcel. This estimated figure was determined using the burrow survey data and data resulting from burrow investigation with an infrared video camera. The site has been significantly impacted by prior land usage and clearing activities. These activities ha\e significantly degraded the available gopher tortoise habitat on the parcel. , The Tara Oaks parcel comprises + 24 acres, Florida Game and fresh Water Fish Commission (FGFWFC) studies indicate tllat \lllC ~()pllcr tortoise reqllir~<; ()ll~-half (0,)) ;l,:r,' of suitable habitat for long term survival. ,\ppn1\ll11ately 30 acres of t)plIlllal habitat \~('I11ld be required to support the predicted Tara Oal\<; gopller tortoise population, Currently, tile parcel supports a population density in excess of tllis recommended density and. as such, on-site preservation is not a viable option du~ to th~ presence of insufficient. low quality habitat on the Tara Oaks parcel. C&N recommends off-site relocation of the entire population to a large, regional gopher tortoise re-stocking area. Mr. Tom Stice (FGFWFC) concurs with the survey findings and the need to accommodate the tortoises through oft--site relocation (telephone conversation August 21, 1995). An off-site relocation plan is being prepared for submittal to the FGFWFC, Upon authorization of the off-site relocation permit. the tortoises will be captured and relocated to the designated recipient site. The listed flora and fauna survey also identified three scrub mint (Conradina grandiflora) plants which are slated to be relocated to the proposed on-site preservation area, No ocher scate or federally listed floral or faunal species were observed on the Tara Oaks parcel. .-::.- ~ ..... The off-site gopher tortoise relocation permit issued by FGFWFC will not alter the Tara Oaks Master Plan or Site Plan as shmvn ill order to comply with the permit requirements, nor will the proposed tree relocation plan. Should you have any questions, please do not hesitate to call. Sincerely. C&N ENVIRONMENTAL CONS LTANTS. INC, c~e~~ Presidem/Sen ior Biologist CMC/aj cc: Kevin J. Hallahan. City of Boynton Beach William V. Hukill. 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L', ~I jl \ ',)' III C;; II I I I \ ./ ~ r .1 ' _./ , . : iii II C e .. . ..... =' II '1 r :II I, i .~.;- I~ :: ! dig I " .' ,\ ..\I .. . :: 0: :s~ w w . ... .. :!:a~ ~ ;..=. ~ '=1. !I . ...;.. . ... t:" · :;1;1, ' . 3. .. :nu 1 wI :~ , "i :,:, a I ... .... i~ii II :1.: I " I". . U' . . . ;!~J · we.. "'''1 a: 1'..: .. .. i.~ :!:t J ......~. illl ;....:: I 05.. a::.. . "i I ;S! ...1. .... .. .. . . . .... c .. .. . .. I ~H~ 21 =111 . ,illl. I . fll ...... "aa ... ~ ~ ~.Mla.. 'i "Iih . i J ~J , II!,I I I J ...... --....----. - E X H I BIT "D" , 'W' -' Tara Lakes Homeowners Association 43 Tara Lakes Drive East Boynton Beach, FL 33436 Telephone (407) 732-5475 00 August 29, 1995 Ms. Tambri J. Heyden City of Boynton Beach P,O, Box 310 Boynton Beach, FL 33425-0310 PLANNING AND " ZONiNG J~Pl ..! Dear Ms. Heyden: In following the newspaper articles in regards to the Tara Oaks project and furthermore to a telephone conversation that you and I have had in April on the subject, we the residents of Tara Lakes are pleased that the "City of Boynton Beach" has "approved" the extension of Knuth Road through to Woolbright Rd. In addition, we are pleased to leam that there are no longer plans to access the new community from Southwest Congress Blvd. With this in mind, the community of Tara Lakes wishes to ask that the City of Boynton Beach "temporarily" annex the small extension of road that goes beyond Tara Lakes Drive West to the Tara Lakes HOA. In addition, a dead end barricade and caution sign would need to be placed in that position where the road presently ends by the City of . Boynton Beach to prohibit illegal vehicle traffic and dumping if this annex is allowed. , In regards to this matter, Tara Lakes HOA would like to place a basketball hoop in the "pro- posed" area for the residents of our community to enjoy. As the paved extension of road exists, there would be minimum cost to both Tara Lakes and City of Boynton Beach to allow for such structure. In addition, the "temporary" annex could be removed at a later elate if the decision was made to connect Southwest Congre.. to Knuth Ad or other extension. As the surfacing is already prepared it would be a shame to see this property tom up when it could be used for real community activity. Our plan would make the extension a small park. Possibly a small ficus hedge would be added to give the area some needed aesthetic look also. Please consider our request and advise if you think this is possible. I can be contacted at my office at (407) 997-2299 during normal business hours or at my home in the evening at (407) 737-9173. We are prepared to contact the 'City Commission" or other official if necessary. In conclusion, thank you in advance for your consideration. Sincerely, , (' l' i "1 , ,\ \ \~ I j (~)\l~\ \ \\L ~ ,(( Robert J. Leissle President Tara Lakes HOA Bob Leiss!e President Bruce Orns Treasurer Arleen CQ90ni Secretary Ti m Marsh< Genercl Alon LQnders Landscape Emil Mascariello Al'th I tucl rerrv L_ Golembiewski lITigation E X H I BIT "E" , 3: '" M ~ ::r: " b' .. n 0, " . ....' 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L, ... rL ~ n. n. rt -:) n. ~ .~ .... ; ~ .. 0 1-" 0) .1 ~, c..: 0 f-..J- , : '.J ~ ' I -l I . , r.", ~~ -. " ,-, '., .. , I " .ien - ,. ,.' ,~ .~ L I ! J': ,. j . - - -..- ~ u_ " tv c::: t::j t-3 o ~ Z :I: o c::: (J) tr.1 (J :I: ~ " t-3 E X H I BIT "F" " > ' TO: FROM: DATE: REF: ,., ..., BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT @ ~iJ / .. I T AMBRI HEYDEN. PLANNING & ZONING DIRECTOR SGT. MARLON HARRIS, POLICE DEPARTMENT II SEPTEMBER 95 TARA OAKS 2nd SUBMITTAL MEMO #016X ( have reviewed the above plans and sti!l:!JUli~aih:pr~v:lOu~",~pmment from earlier memorandum. (n addition, there arc now propose4.:,(i:)::~~gtm~ Aeces~t~_~~along the western property line, along Knuth Road. The plans~tct~"'l:~~ Box""tYpe I~:~t Camqqt sure what this concept refers to, but if it indicates th~,se of"i key to each gate and loc~{tl)eri I would not recommend this method of securing an "~?cncy" access. These gatescao,r~'~l>,;an important part in evacuation of residents a~ct~cWal entrance for police critical inc':~eri\"teams. Locating keys for specific developments thf~il'gh~t the city is not a preferred trend.",\, Y\ .~.t""""H';'"", ':\:~....~. "\ ;i~ I also maintain my previous position on S.W, Congress Blvd. The development will only be accessible from Knuth ~"~,ia W.!~OYll!~n Be8fp::B~,: or \Y901br.:!i,ht Road. Response time for emergency vehicleslw.QUl~,:,be gr~tl)l,,~pteasc4 "~~..9fficer .(ety ~.omes a concern. I real ize the objections from ClipfC'f'cpye an~i~Uik~:pf T#':dCV'~lopmq~s, bqt,J believe completion of S. W. Congress Blvd w'ul4:!Rba6te):~poiisc tilncHo their cmmhhnlit&:es al&o. A traffic study was supplied by Yvonne Ziel Consultants, Inc. regarding traffic flow and projected growth in this area. The study refers t9.',a.,..I'~ study and also reflects the 1988 app~tWJfpf 77 single family units for Tara Oaks. Th~trst~y is not valid at this point, as the proje~: ~tans call for tripling the number of units. thercby::~pl~g the number ofvchiele travel. Ta~~",~::ts now planning on 194 units and I feel the study::t1c~~ be redone and further consider~~Q~.f?f S.W. Congress Blvd being completed should be ipchj~~d in this project. {:~:, ...:,,~~,:":i " ,< ':1 '-:" "!'.J.:"',...,l~ :, .~~.~:::::::> .........~~~.. :e~/j;~~ ~arlon Harris Police Department d: i BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT TO: FROM: DATE: REF: T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR SGT. MARLON HARRIS, POLICE DEPARTMENT 28 SEPTEMBER 95 TARA OAKS - REGARDING MEMO #0163 MEMO #0174 ..:;.......................-.:. This memo is regarding my earlier me~:~d{eSsjh..;thC tf@.ffip,..t1ow sUlVey. I have had conversation with Ms. Ziel rcgardin&:J(~::.b_.:riittQd .ulVeY.):t1\4::jt:is now clear and I have no .~.... ~./'.,v ..;...,:-:-... :}.......,~ :~.:: -:-.....:: problem with her traffic study ~ s'~y>T still mamtairt:mY positi~ on all other points regarding this plan. ill". ',",,'," .. ..,:::/";;:" *, """'" ',:, ,':"" .,'. ....:.. .... .....:0' ". ;. ..;........ ", ,.,.,)1,,_17 l ,0"'1 , f..r-=-.)' r';:;~~~\ I ! 0 , l..............."""y.. -'''''"\ I"! ~,,;;:::::::f/ (J ::...........'................... , .. , , ~ ;.'.... ....,..:-. ", I~~ \~\ \\ Respc~llt. irQ) ~7jJ~~ w U ~ HluTi. Police Dep~~ent , .....;....;...::-.. i{""'" ~\\. "\'\ '....:.~.~...;...: .i ,~"............:., " ....... l>~ri \ 1~1 .:::; ::,:' .::=:' \\l/ ,..::::/" .......;......:.. :.:' ., ......... .:........;........:\\ ": ~ ..............:},',~ \....;....;......~. OW' .., RECREATION & PARK MEMORANDUM #95-424 FROM: Tambri Heyden, Planning & Zoning Director John Wildner, Parks Superintendent jA,J : Tara Oaks PUD - 2nd Review (Mast/!Plan Modification) roJ m@rnowrn lJ1J E 8 1995 PL~NNING AND lONiNG DEPT. rn TO: I RE: DATE: September 18, 1995 The Recreation & Park Department has reviewed the masterplan modification (2nd review) for Tara Oaks PDD. The following comments are submitted: 1. The developer appears to have addressed all comments in Recreation & Park memorandwn #95-379 with the exception of #2 concerning the provision of a clubhouse/meeting room which is still shown as a cabana. 2. A cabana is not considered a separate recreation amenity but is considered a part of the swimming pool. This department feels strongly that a recreation center building (clubhouse/meeting room) is 3D essential part of the complete private recreation package for this type residential development. 3. Representatives for the developer have indicated their willingness to provide a different 5th private recreation element but not a recreation center/meeting room. We would IlQ1 recommend this as an acceptable alternative. 4. At this time, the Recreation and Park Dc:partment cannot recommend one-half credit for private recreation provided. 5. Based on 192 D.D. X .0150 acres = 2.88 acres recreation impact fee. Since the developer is not recommended for one-half credit, the full 2.88 acres fee is required at the time of final plat. JW:ad xc: Charles C. Frederick, Director, Recreation & Park Department File (,-yl' PUBLIC WORKS DEPARTMENT MEMORANDUM #95-165 TO: Mike Haag, Zoning Site Administrator FROM: Robert Eichorst, Public Works Director SUBJ: Tara Oaks Master Plan Modification - 2nd Submittal DATE: September 12, 1995 The applicant at the above site has requested can pickup at these location for solid waste disposal and recycling which could possibly be accommodated, however the location and accessibility for servicing must be shown at time of site plan submittal. .~~~ obert EIchorst Public Works Director RElcr ~ 'WI I., 1 : ~. DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-371 ,I _ {l.r'l' TO: Mike Haag Zoning/Site Administrator ~J~A'Am Hukill, P.E. (j(j.fiirEng i nee r September 26, 1995 TARA' OAKS - TRAFFIC SIGNAL I FROM: DATE: RE: As you know, Mr. Weisberg has informally reported that future traffic at the intersection of Woolbright Road and Knuth Road is not projected to warrant installation of a traffic signal at that location. He suggests that it is possible for the City to require the developer of Tara Oaks to escrow the cost of such a signal ($35,000~) to cover installation up to two years beyond development substantial completion and subject to traffic counts at that time. If the signal is not then warranted, the escrow payment would be returned to the developer. It is my opinion that traffic projections from Tara Oaks are so light that the likelihood of a signal being required in the future is minimal. If Knuth Road is constructed through to Boynton Beach Boulevard, additional traffic would be generated at Woolbright/Knuth. That may be pretty much offset by the reduction in traffic to/from Tara Oaks since residents and visitors will have the option of going either north or south on Knuth Road. If the Commission wish.. to make the ..crow .rr.ng.ment d..eribed herein a condition of approval of Tara Oaks, we have no objection. WVH:ck xc: Carrie Parker, City Manager Ken Hall, Engineering Aide C:TARAOAKS,SIG DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-349 )" TO: Mike Haag Zoning/Site Administrator ~J~m ~ukill, P.E. Utt~ngJ.neer September 13, 1995 FROM: DATE: RE: TARA OAKS - TRAFFIC IMPACT ANALYSIS We have today first seen the September 12 traffic study for Tara Oaks. The two significant requirements contained therein are a right turn lane in at the project entrance and a southbound to eastbound left turn lane at the Knuth Road/Woolbright Road intersection. Normally additional conditions would not be placed on an application this late, but clearly it was the applicant's delinquent submission of the traffic study which made it impossible to respond earlier. , WVH:ck C:TARAUAKlt,TRI' 'W' 'W' DEVELOPMENT DEPARTMENT ENGINEERING DEPARTMENT MEMORANDUM NO. 95-304 FROM: Mike Haag, Zoning/Site Administration b6t~am Hukill, P.E., City Engineer August 16, 1995 @ ~ @ ~ U "1 ffi" ~ ~\J\1 t Ii, ' , ~ TO: RE: TARA OAKS - MASTER PLAN REVIEW PlANNING AND ZONING DEPT. DATE: We have reviewed subject development and have the following to offer: A. Verify which roads require naming (for mail delivery) with U.S. Postal Service. B. Provide Traffic Impact Statement. Chap.2, Sec.9C4h(5), pg.2-85 C. Sidewalks are required on both sides of all local and collector streets. Chap.6, Art.III, Sec. 11A, pg.6-3 D. If street lighting is provided, establish deed restrictions providing for a property owners association to pay for the operation of the system within the development. Chap.6, Art.III, Sec.14, pg.6-4 and Chap.5, Art.5, Sec.2A4, pg.5-9 E. Provide Certification by Developer's Engineer that drainage plan complies with all City codes and standards. Chap.6, Art.IV, Sec.5A, pg.6-7 and Chap.23, Art.IIF, pg.23-8 F. Minimum 15" pipe must be used in storm sewer. Chap.6, Art.IV, Sec.5A, pg.6-7 G. Inlets must be in grassy areas unless otherwise approved. Chap.6, Art.IV, Sec.5B, pg.6-8 and Chap.23, Art.IIF, pg.23-8 H. Locate all drainage easements. Chap.6, Art.IV, Sec.6B, pg.6-9 I. Knuth Road is a collector road by both PBC and FDOT standards (see FS 334.03(4) and must be dedicated to City of Boynton Beach. Required dedication is 25'. Chap.6, Art.IV, Sec. lOU, pg.6-15 J. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap.6, Art.VII, Sec.4B, pg.6-24 K. Permits must be obtained for work within R.O.W. Chap.22, Art.II, Sec.7A, pg.22-3 L. In lieu of providing sidewalks on both sides of Knuth Rd., install an eight foot concrete bicycle/pedestrian path along east side of road. WVH/ck ('TARi\OAKS. MI'R From: IPf-@ rt 0 IYJ rtfil ,/~}/ ~rn I . fi 1111 .:., -sJ;JL../ Tambri Heyden, Planning & Zoning Direct~-. I)-ico;;,~" Al Newbold, Deputy Building Official ' BUILDING DIVISION MEMORANDUM NO. 95-348 September 19, 1995 To: Re: TARA OAKS PUD Northeast corner of Woolbright & Knuth Road extended Building Division review of the response to our five comments in Memorandum No. 95-299 (copy attached), is not acceptable unless the plans show the correction. Our comments still stand, and it should be noted that our code requires parking to be on-site with the unit parking above the requirements allowed on common land. Al AN:mh Attachment: Copy of Memorandum No. 95-299 Plans cc: William V. Hukill, P.E., Department of Development Director , A:TARAOAr;s,TRC W' ...., BUl:LDING DIVISION MBMORAND\JM NO. 95 - 299 August 16, 1995 I From: Tambri Heyden, Planning &: Zoning Director Al Newbold, Deputy Building Official Tara.Oaks POD Northeast corner of Woolbright &: Knuth Road extended To: Re: Since a description of the request is to modify the Master Plan to change the type of units from apartments to townhouses, the Buildi~g Division would like to make the following comments: 1. Site should be platted. 2. parking should be adequate for each townhouse on its own premise. 3. Recreation buildings should be constructed. . 4. Plans should be in compliance with parking signs and handicap code. 5. Plans should show established easements and setbacks as it relates to townhouses. ~~ Al Ne 01 AN:mh Att. Plans cc: William V. Hukill, P.S., Department of Development Director A:TAUOAItS,TI.C Fire Prevention Memorandum No, 9.5-346 WDC TO: PlaWling Department FROM: Fire Department DATE: September 21, 1995 RE: 1vfPMD 95-007 Tara Oaks Knuth Road Extended The attached are tbe standard requirements for security gates. These requirements should be reflected on tbe site plan. '// dt'/ Willi CC: Chief Jordan FPO II Campbell File , --~--"--------'-"--------~--_....._._._--"...__._--~-----~-- -..---- - --'-" , ---'-~------ 1/1 {((t: (t ( . D. Cavanaugh, FPO I .. ',;-) ( ,... ..., SECURITY GATES AND EMERGENCY ACCESS: I' The Fire Department continues to have the opinion that security gates are detrimental to Fire and Rescue operations. The minimum performance for security gates is as follows: 1- Gates shall be openable by telephone, with a call from central Dispatch Center. 2- when the gate is opened by the call from central Dispatch, it shall remain open until the emergency is over; at which time central Dispatch will be told, by officer in charge, to close the gate. 3- In case of a power failure the gate shall open automatically. 4- A.ppropriate "Hold Harmless" agreement re: damage to gates equipment, etc. , TO: fRo~.r : DATE: SUB.:'"ECT: PLANHHJG .r..HD ZONHIG DE:PARTMENT rlEHORANDUM no. 9:' - 5 5 5 Tambri J. Heyden Pl~l1l1lng and 201ung Dl~- ctor (.'. Mlchael E. Haag ~ zoning and Slte De ent Adminlstrator September 26, 1~9:, Tara Oaks (planned unit dt:"\velopment) HPHD 95-007 (elinunatlon of tht': extens ion of S. \-1. congress Boult':vard, alteration of the location and type of recreation, a change III U111t type from apartments to to\-mhouses, establlshment vi per imeter buf fer easen,ents and dwelllng Uin t St:; tbacks dnd establish a parcel Ilne between the new townhouse proJect and the church property) Please be ad-.,ised of the following comments relat1ve to the second reVlew of the modified master plan for the above-referenced proJect: \. i ) 1/ v With a distingu1shable symbol show, dimenslon and label on the master plan the bU1ldlng setback on each side of the parcel/property l1ne that separates the church proper:y from the residential property. It is recommended that the setback dimension be labaled and shown folloWIng the perimeter of th~ open space area identified on the plan wlth the aJ:cefrtlvE e,f the followlng specific setback dimensions for 1:he gaze:bc; south 20 feet, east 40 feet and west 260 feet. Change the setback note for the recreation area to indIcate that the 25 foot setback 1S for all amenities except for bU1ld1ngs WhlCh shall, follow the perimeter setbacks. 2. Add to the setback chart the side buildlng setback for the Internal lots. 1. 3. Modify the submittal to Include a survey of the entire PUD. 4. Specify on the master plan that the proJect shall be platted and site plan approval is required for all Improvements not included with the plat and construction plans of tne requlred improvements. 5. Change the name of the document from "Master Site Plan" to "Master plan". , 6. Hodify the parking data for the recreation ameni tles to ldentify the correct number of requlred parking spaces. 7. It is recommended that the landscaping proposed for the east, west and south perimeter buffer easements be changed from one tree every thirty lineal feet plus shrubs twenty four inch on center to a grouping (4 to 6) small native or moderate drought tolerant trees (minimum height 8 feet) spaced thirty feet on center and large native (evergreen) canopy trees (mi1umum heIght 8 feet) spaced sixty feet on center plus a continuous native or moderate drought tolerant hedge (minimum height 24 inches) spaced two foot on center. The plan view will depIct the landscape matel-ial in meandering path l-ather than a stra1ght line. / J3,< Show on the master plan S. W. Congress Boulevard connecting to Knuth Road extended. 9. A revised master plan, which reflects all staff comments conditions approved by the City commission and Planning Development Board, snall be submitted in tl-iplicat8 to Plann1ng and Zoning Department, prior to init13tlng ~lattlng process. and and the the 10. parking spaces shall be provided on tl1e same lot as 1:1le dwelllng tc be served. ',>- .. .." Page 2 Memorandum No. 95-555 Tara Oaks MPMD 95-007 11. Compliance with all applicable comments regarding conditions of approval of the 1990 rezoning. 12. Compliance with all comments regarding the City's and Palm Beach County Traffic Division's analysis of the traffic statement submitted by the applicant's traffic consultant. (See Exhibit "A" - letter from Palm Beach County Traffic Division dated September 22, 1995.) MEH:dim xc: Central File a:Tara2 I , E X H I BIT "A" , 'W" ..., September 22, 1995 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE : TARA OAKS County Administrat Robert Weisman If!' .' /f ! ' Board of County Commissioners Ken L. Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee - Department of Enginel 1~:"'/.i"'I.r,i-"-';---"11 _. . . . ! and Public Works _f)"."'~"I1, i-r. \,;;' ---~ \.1) 1 ~-"-,,,' Dear Ms. Heyden: Per Mike Haag's request, the Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Tara Oaks, pursuant to the Traffic Performance Standards in Article 7.9 of the Palm Beach County Land Development Code. The proposed project will consist of 192 multi-family residential dwelling units and a 20,000 square foot church. The study reports this site to be previously approved for 77 single-family dwelling units. The traffic study addresses the increase in tr,ffic from the proposed project, minus the approved project. The access points are all on Knuth Road. The build-out for the project is 1999. The traffic study addresses the traffic from a church only. We have been seeing many of the larger churches are being built with day school and day care facilities. If the project has these uses, the traffic from these uses also needs to be addressed. The Traffic Division has determined that the project meets the rlquirements of the Traffic Performancl Stand.rds of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Yvonne Zie1's letter recoRlllends a right turn lane on Knuth Road, at the residential driveway, if Knuth Road is not extended to the north. While the projected peak hour traffic volumes meet the County minimum requirements for a right turn lane, there appears to be a flaw in the logic. Right turn lanes are needed to remove slower turning traffic from the through traffic flow. If Knuth Road is not extended north, there is no through traffic. The right turn lane would serve no purpose. When knuth Road is extended to the north, the traffic would probably be oriented more to the north. There would be a need for a left turn lane at the residential driveway. There appears to be on 1 y a short sect i on of Knuth Road miss i n9 north of th is project. I t seems logical to make the connection to the north in conjunction with this development. Otherwise there will be a missing section of roadway in a fully developed area. "An Equal Opportunity - AffirmJlive Action Employer" ,..~ "':::=' ;:-'!l!t.'d,",--: :M"f.-,'{,,1 .;d.-'1C Box 21229 \"lesl Palm Beach, Florida 33.t16-1229 (-107) 68-1--1000 September 22. 1995 Ms. Tambri Heyden, Director TARA OAKS page two Sincerely. OFFICE OF THE COUNTY ENGINEER c..j () r~/(v~' )J'~)/ Dan Weisberg. P.E. Senior Registered Civil Engineer cc. William Hukill. P.E.. Director Boynton Beach Department of Development File: TPS - Mun. - Traffic Study Review , g:\user\dweisber\wp50\tps\boyn52 ,., ..." ;.: . TO: THRU: FROM: DATE: .11. DEVELOPMENT PLANS C cc: Planning Utilities Development PLANNING AND ZONING DEPART~ MEMORANDUM NO. 95-541 Agenda Memorandum for October 2, 1995 city Commission Meeting Carrie Parker ci ty Manager _/'0 ~ Il-.-t '/ r-' s:: Tambri J. Heyden ~ - Planning and Zoning Director , ~Jf 11 I.Jpl' , ~r ~1')Y " &/),/ Michael E. Haag Zoning and Site Administrator September 26, 1995 SUBJECT: Tara Oaks PUD MPMD 95-007 (change in access, recreation, unit type and use acreage) NATURE OF REOUEST Kilday and Associates, agent for Pulte Home Corporation, contract purchaser of property owned by Bill Winchester is requesting to modify the Tara Oaks PUD master plan. The 20.16 acre project previously planned for 192 multi-family apartment units, 20,000 square foot (650 seat) church and open space area is zoned PUD and located at the northeast corner of Woolbright Road and Knuth Road extended (see Exhibit "A" - location map). The requested changes are limited to the north 14.470 acres of the PUD and are as follows: (see Exhibit "B" - letter of request .and proposed master pI an) : IJ 1. f) 2. 3. A iJ ~~ 1nJ irt ~~~ ~ .b?oP4. Omit the extension of S.W. Congress Boulevard to Knuth Road. Reduce the number of access points into the project from two (2) to one (1). Increase in the size of Pod 1 (residential tract) by incorporating .6 acres resulting from the elimination of S. W. Congress Boulevard right-of-way. A new property line which subdivides Pod 2 (open space) therefore creating a project that consists of 5.69 acres for church with open space and 14.7 acres townhouse project with open space. Change the type of units from 192 mUlti-family apartments to 23, two-story bUildings with a total of 192 townhouse units. Establish the following building and site regulations for the townhouse units: Building setbacks (individual lots); front 10 feet, rear 15 feet, side (end unit) 3 feet, side (interior unit) 0 feet. Note minimum building separation is 15 feet. Pool setbacks; pools not allowed. Screen enclosure setbacks; shall comply with bUilding setbacks. " " ., ~o t/J -/tY ~ () 79tf! Ml1umum I1vlng area - 750 square feet (proposed unit sizes - 913 square feet, 1,079 square feet and 1,082 square feet) Building height - Remains as originally approved (30 feet, two stories) .. ""'" , tI Page 2 Agenda Memorandum for October 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 Lot area - 1,260 square feet (end unit) and 1,050 square feet (interior unit) Perimeter setbacks: Increase the north setback from 20 feet to 40 feet. Please note the following setbacks remain as previously approved; 40 foot front (west Knuth Road), 40 foot rear (east) and 20 foot side (south). Also note the perimeter setbacks take precedence over building setbacks for individual lots. 5. Change the type and location of private recreation amenities from a clubhouse, pool, jogging trail, picnic area and fishing dock to pool, cabana (res trooms for pool), sand volley ball court, jogging trail and gazebo or garden amenity. The current and proposed location of the recreation amenities are shown on Exhibit nc" and Exhibit "Bn respectively. 6. Establish a 25 foot wide landscape buffer along the north property, 15 foot wide buffer along the east property line and 10 foot wide buffer along the west (Knuth Road) property line of the proj ect . Pod 2 an open space and detention area border the south property of the residential tract. BACKGROUND On June 21, 1988, the City Commission approved a master plan and rezoning of the Tara Oaks PUD property from R1AAA (single-family residential) to PUD with a land use intensity (LUI) of 4.00 for 78 single-family, detached units. On December 18, 1990, after review by the Department of Community of Affairs (DCA) and with objections, the City Commission approved ordinances for a land use element amendment that changed the land use classification of the property from Low Density Residential to Medium Density Residential and rezoning of the property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192 multi-family uni ts, private recreation and a 20,000 square foot church (see Exhibit "cn - current master plan). The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. The 1990 applications were submitted under Palm Beach County's current traffic performance standards ordinance, however prior to the effective date of the City's concurrency management ordinance. Therefore, concurrency certification for traffic and concurrency exemption for drainage and neighborhood parks were granted with the 1990 approval. On June 2, 1992, the city Commission approved a request to allow construction of the south portion (adjacent to the church parcel) of Knuth Road, prior to preliminary plat approval of the property. The reason for submitting the request was to ensure the Church of J~SU~ Christ of Latter Day Saints' purchase of the church parcel wIthIn the PUD, which took place on June 26, 1992. On June 16, 1992, the City Commission granted a one (1) year time extensIon that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until a retroactive extension which was filed Page 3 Agenda Memorandum for october 2, 1995 City Commission Meeting Tara Oaks PUD MPMD 95-007 in November 1994; a period of one year and five months. On April 8, 1993, the City Commission approved a master plan modification for the Tara Oaks PUD to amend the condition of approval which required the construction of Knuth Road to be tied entirely to the Tara Oaks PUD. The approval of the master plan modification allowed the construction responsibility for Knuth Road to be shared by the Knuth Road PCD. ,;'L ~r1 :f I{ I' ~ On April 18, 1995 the City Commission approved~ retroactive time I , extension submitted November 1994. T~~~.,a~.ee1;oY2,.L~~~<Utt~ddnine months to file a plat application .i'?~1'i~~:P1;jrovar-waLs-ralso conditioned,upon the applica~t evaluati?g reducing density at time~. of the appl ~cant t s next subm~ ttal (sub] ect request). L I1.t ft#/~ Chapter 2.5, Planned Unit Developments, of the City I S land -..f. development regulations states that changes in planned unit j.~/ developments shall be processed as follows: ~ ~~ Section 12. Changes in plans. ~ "Changes in plans approved as a part of the zoning to pun may ~ be permitted by the Planning and Zoning Board upon application filed by the developer or his successors in interest, prior to the expiration of the PUD classification, but only [after] a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes shall be proposed as for a new application of PUD zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission. Non- substantial changes as determined by the City Commission in plans shall not extend the expiration of the eighteen month approval for the PUD classification." ANALYSIS staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned unit developments as stated in the following sections of Chapter 2.5 of the City's land development regulations: Section 1. Intent and purpose. "A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the City, and the protection of adj acent and eXisting and future City development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the City. Regulations for Planned Unit Developments are intended to accomplish the purposes of zoning, subdivision regulations and othe7 applicable City regulations to the same degree that they a~e ~ntended to control development on a lot-by-lot basis. In v~ew of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote ~nd ~ncourage development in this form where tracts suitable ~n SIze, location and character for the uses and structures proposed are to be planned and developed as unified and ~ ..., Page 4 Agenda Memorandum for october 2, 1995 city Commission Meeting Tara Oaks PUD MPMD 95-007 coordinated units. section 9. Internal PUD standards. B. INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone." The following evaluates the significant issue relating to the proposed changes: 1. I I I ~ '~ Omission of the S.W. congress Boulevard connection to Knuth Road extended - This change will cause a redistribution of traffic from the original approved road network. The police Department Memorandum No. 0168 indicates that the response time for emergency vehicles to the subject property as well as the cl ipper Cove and Lakes of Tara development would be greatly increased if the road connection was constructed. The Lakes of Tara Homeowners Association has indicated that they are not in favor of extending S. W. Congress Boulevard to Knuth Road extended (see Exhibit nDn - letter dated August 29, 1995 from Lakes of Tara Homeowners Association). The association has also requested some minor improvements to this area that are normally paid by an applicant as part of abandonmen t. Erom evaluating the plan, it appears that the change t~om apartments to townhouses and the des' to retain the 192-'llfi.' s from the approved master pla s well as offer a privatized co ity, has driven the 1mination of the S.W. Congress Boulevard ex on. reason for this is that because of stacking and c of units, apartments (previous master plan) -e efficient e land; yielding a higher number 0 its per acre. Uni t es (such as townhouses) at o~lY cluster units ~\.:~~ pu~equire more la area to Y1eld the same e~ y, e when bot nit types are limited to two stories. The argument often made of not wanting to extend an existing road to a new proj ect because of traffic and division of residential tracts is not applicable to this project since even with the previous master plan the project's residential area was consolidated to one side (north) of S.W. congress Boulevard. Furthermore, the only traffic that will use S.W. Congress Boulevard is the traffic generated by this project; reason being the existence of Quail Ridge to the west and therefore, the lack of further extension of S. W. Congress Boulevard west of Knuth Road. This issue of connectivity of roads to the existing road network ,has been raised frequently over the past five years due to 1ncreased popularity of privatized communities which st~ms from increased crime or the perception of increased c~-1me. Rarely do applicants and homeowners understand that W~~h priv~tizati,on,' quality of public services (response to f 1I e, po11ce, II tl;I.i tYt'_e;,~rgenc ies and evacuations) decreases, not o_nlY to the4it>P~~~pment, but to surrounding existing and future developments that benefit from the safety and Page 5 Agenda Memorandum for October 2, 1995 city Commission Meeting Tara 'Jaks PUD MPMD 95-007 I ~ .., '- . ~ V( ~~ ~J-~ ;;~ .e..r" / 3. convenience of an improved, integrated road network within their city or county. In their memorandum the Police Department notes the benefit to multiple communities when roads are extended. The pre-planned extension of the existing dead-end of S.W. Congress Boulevard was to provide quicker response by police units in the western area of the city to the houses in the western areas of Lakes of Tara which at this time only have access from Congress Avenue. This gives the Police Department the option of sending a police unit from the east or west, or both if needed, to best handle an emergency in either the Lakes of Tara or Tara Oaks developments. Reduction of the number of access points into the project from two (2) to one (1) - Implementing this change ~resultsin the need for emergency access point (s) . As indicated in Police Department MemoJ;an~~),~()~~9168, they have provided emergency access points~ ~ad, however, the "Knox Box" type of entry is not acceptable to the Police Department. It should be not that access pOints restricted to emergency ve' , rather than providing a full acces~ are less than desirable and can reduce quality of emergency service too.~~ with the increased popularity of privatized communities the ~ fewer the access points, the lesser the cost to the developer _/ and homeowners to secure their access points wi th gua!,g~- or the less expensive method of automatic 93~.t~s-;-.-13oth Police and Fire have been accepting tl!E;~---arternative types of access, provided the type o..!-.-gat€-..opening mechanism is agreed upon, realizing that~o'Ver time, the availability of these 'f- em'ergency access points can be forgotten about and never used,.~t ( L.- _~ ~IX/~ Increase in the size of Pod ~...+rEsnlenffaI-...t-~:~-ct) byfolL-'j.f!.. incorporating the .6 acresoffl1e proposed elimination of s. W. Congress Boulevard-and the subdivision of Pod 2 - These proposed chgnqes are acceptable with the condition that the subdivision of Pod 2 does not decrease the total area of Pod 2 be,1-Ow. the originally approved 3.5 acres and that on the t~r plan the acreage breakdown for each parcel/property be delineated. As was noted previously in issue 1 above, this increase in Pod 1 size is driven by the omission of the road extension and the desire to retain the full 192 units. ~ 4. 11 Change the type of units from 192 mUlti-family apartments to 23, two-story buildings with a total of 192 townhouse units _ All bUilding~.~<ts.~Ai te, regulations are acceptable with the exceptlon of ~-e Iocatlon of the parking spaces and the size of the lots. The lots shall be extended to include no less than two (2) parking spaces on each lot. Find attached Exhibit "E" Townhouse Chart, which is a comparison of; building, pool and screen enclosure setbacks, location of parking spaces, floor area and lot area of the site subject request and three other PUD townhouse projects approved by the Ci ty Commission. The applicant is proposing the minimum number of parking spaces of two per unit, but does not include them within the boundaries of the lot of the unit. The zoning code requires that "parking spaces for all dwellings shall be located on the same lot as the dwelling to be served". No other "true" townhouse project in the city, even in a PUD, WhlCh generally allows flexibility with regard to building and s~te regulati?ns, in exchange for greater open space, exists Wl thout parklng provided wi thin the lot boundaries. The bui~ding Di,,-~_-?j,.on has indicated that ~::...city' s security ance would not allow parking spaces to be numbered (in an ~ ..., \Vv i/, '0 f L 'Il L: Meeting 'qb/l (jJ/41 /', t "'1' ~ t I r ,/1)' /t,~ l\'i-fJ.,1' ~/i~," L r' li((. V.; I " 'llr)r~. i ~L~/J ~.. \ 'L""~ T {.y" i/ / . --fl .(' attempt to assign spaces to units). The reason for this is so that it cannot be readily determined whether a homeowner is home or not. There is much less of a chance of someone else parking in "your" parking spaces if they are located immediately next to your unit and on your property than if the spaces where located on common areas. ~ Change the type and location of the recreation amen~ti~s from: ~:J1lubhouse, pool, jogging trail, picnic area and flshlng dock to pool, cabana (restrooms for pool), sa~d voll~y ball court, jogging trail and gazebo or garden amenlty - Wlth respect to the proposed changes in the location of the amenities, staff is in agreement with the proposed locations. However as indicated in the Recreation & Parks Memorandum No. 95-424, the cabana is not acceptable as a recreation amenity that would allow the applicant to receive one half credit towards required recreation fees (one half credit applies to projects that provide five (5) recreation amenities). Based on 192 dwelling units the full recreation impact fee associated with the land value of 2.88 acres is required at the time of final plat. The Recreation & Parks Department strongly recommends that the applicant provide a clubhouse building which would allow the applicant to receive one half credit for providing five (5) recreation amenities. Providing a clubhouse or recreation building is consistent with the development of other cluster housing projects in the City. Page 6 Agenda Memorandum for October 2, 1995 city Commission Tara Oaks PUD MPMD 95-007 6. Establish a 25 foot wide landscape buffer along the north property, 15 foot wide along the east property line and 10 foot wide along west (Knuth Road) property line of the project -"The proposed landscape buffer areas are acceptable to staff with the condition that the buffer area along the east and west property lines be enhanced to include groupings of trees (4 to 6 trees) with a spacing between groupings not to exceed thirty (30) feet rather than one tree every thirty feet. The spacing and size of the shrub material identified is acceptable. RECOMMENDATION On Tuesday, September 12, 1995, the Technical Review Committee (TRC) met to review the master plan modif ication request. The Board recommends that the city Commiss ion ~mrll:s.e a finding d9L no _ substantial change for the proposed modificatio~___and that the .PlanIllng and Developmen .Board aB rove the reques~ub:i.ict--to-the- sta exce tions ' and. - ExhiDTt "F" Police Department Memorandum No. 0168 and 0174, Recreation & Parks Department Memorandum No. 95-424, Public Works Memorandum No. 95-165, Engineering Division Memorandum Nos. 95-371, 95-349 and 95-304, Building division Memorandum No. 95-348 and 95- 299, Fire Prevention Memorandum No. 95-346 WDC and Planning and Zoning Department Memorandum No. 95-555. It should be noted ~owever that if the Commission concurs with staff regarding the I lSSU~S of, th~ extension of S.W. congress Boulevard and containing par~lng wlthln the lot boundaries, the master plan would have to be revlsed. These revisions most likely will Significantly alter th master plan. MEH:dim ... xc: Central File i.;;;:CA.;enda.':'ar5 E X H I BIT itA" , rOCATION MAP TARA OAKS t- E X H I BIT "B" , ..., .." .....-. Pl... ........-. . " 4 I . . . ') . J ". " /\~ <~ '\ Klldey & Aaoclet.. Landscape Archltectal Planner. 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 14071 689-5522 · Fax: 14071 689-2592 August 31, 1995 Ms. Tambri Heyden, Planning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Tara Oaks PUD Minor Master Plan Modification Our File No. 738.2 Dear Ms. Heyden, Please accept and process the attached revised information for a Minor Master Plan Modification to the previously approved Tara Oaks PUD, located north of Woolbright Road and east of the future Knuth Road. We are submitting this revised Minor Master Plan Modification application on behalf of Pulte Homes Corporation South Florida Division contract purchasers of the property and Bill Winchester, owner of the prpperty, and incorporating comments received at the August 15, 1995 TRC Meeting. The latest Master Plan approved on June 8, 1990 reflected a total of 192 multi-family units on the northern portion of the site, an open space/preservation area centrally located, and a church parcel on the southern portion of this site. The proposed Master Plan retains the 192 previously approved units which will now be developed as fee simple townhomes. The open space/preservation tract remains centrally located, and the church parcel remains unchanged on the southern portion of the site. Attached with this application is a revised Master Site Plan for the project reflecting proposed building locations and corresponding lot lines, access points, the recreation area and parking configurations. The Conceptual Landscape Plan specifies proposed landscape buffers and plant material requirements. A previously approved cross section is also included with the submittal set. This cross section has been revised to reflect an agreement made between the Stonehaven Home Owners Association and the property owner The conceptual engineering plans, as well as a boundary and tree survey, are also attached. The perimeter landscape buffer and the building setbacks proposed are consistent with those previously approved. Minor adjustments have been made to the main access for the PUD. The church parcel, which is under separate ownership, will retain the two previously approved.~ccess points. The previously approved plan reflected two main access points to the residential ~lircel. This has been reduced to one main access point which will be controlled with a security 'ate. Three emergency access locations are proposed elsewhere along Knuth Road. These access Ms. Tambri Heyden August 31, 1995 Page 2 points will be stabilized to support the weight of emergency vehicles. They also will be gated and locked pursuant to the City of Boynton Beach Fire Rescue requirements. The developer of Tara Oaks will be constructing Knuth Road from just north of the L-25 Canal south to Woolbright Road including the required crossings over both the L-25 and L-26 Canals. Concurrent with this roadway construction, an eight foot wide bike path will also be constructed on the east side of Knuth Road adjacent to Tara Oaks PUD. A private recreation site of 1.75 acres Is provided for Tara Oaks PUD. The active portion of the recreation area is provided adjacent to the main entry. This recreation area has been relocated from the site shown on the previously approved Master Plan to address conditions imposed on the original approval. A passive recreation component consistent with that previously approved is shown in the open space tract and will consist of a jogging trail through the preservation/relocation area and a gazebo or garden amenity at its. terminus. A total of five (5) recreational amenities are proposed to receive one half credit for the public recreation land dedication. Consistent with the past approval and the comments again included in Parks and Recreation Memorandum #90-229, the developer will pay a fee in lieu of land dedication for the public park commitment. The attached plans have been revised addressing those Issues raised at the TRC meeting of August 15, 1995, and subsequent Items included in the TRC comment memorandums issued by each reviewing department. The following is a recap of the comments included in the memorandums and subsequent responses by the project team. , POLICE DEPARTMENT MEMORANDUM NO. 0158 1. The final approved Master Plan depicted Southwest Congress Boulevard to be terminated into a cul-de-sac per the request of adjacent residents. The proposed plan shows the western right-of-way stub of Southwest Congress Boulevard to be removed. 2. The developer Is Investigating the feasibility of providing 24 hour access through the automatic gate entrance system. A telephone access system or a similar feature will be provided. RECREATION AND PARK MEMORANDUM NO. 95-371 1. Attached I' a statement from our environmental consultant stating that the permit from the Florida Game and Fresh Water Fish Commission will not change the Master Plan as shown in order to comply with the requirements of the permit. 2. A Tree Management Plan and an Environmental Assessment are forthcoming. In the attached statement from the environmental consultant, there Is reference to the Tree Management Plan and the Flora and Fauna Survey. UTILITIES DEPARTMENT MEMORANDUM NO. 95-255 1. The revised Conceptual Engineering Plan shows water and sanitary sewer being provided to Pod 3. ~ .." Ms. Tambri Heyden August 31, 1995 . Page 3 2. The project engineer Is aware of the comments and wUllncorporate them In their final plans. 3. The revised Conceptual Engineering Plan showing a connection to the existing 10. water main on Southwest Congress Boulevard. BUILDING DIVISION MEMORANDUM NO. 95-299 1. It Is the Intent of the developer to plat this project. 2. There is an adequate number of parking spaces for each town house. These parking tracts will be dedicated as either easements or common parking and access tracts. 3. The recreation building will be constructed along with the constructIon of the first town house building. 4. The final Site Plan will comply with parking signs and handicap code. A complete Site Plan application will be processed following Minor Master Plan approval. 5. The final Site Plan will show the established easements and setbacks as they relate to the town houses. A complete Site Plan application will be processed following Minor Master Plan approval. , FIRE PREVENTION MEMORANDUM NO. 95-325 1. The approved Master Plan depicts Southwest Congress Boulevard terminating Into a cul- de-sac per the request of the adjacent residents. It Is the Intent of the developer to have the western right-of-way stub removed. 2. The attached Master Site Plan has been revised to allow for turn-around ar... with a radius large enough to accomodate a fire truck. ENGINEERING DEPARTMENT MEMORANDUM NO. 95-304 A. The U. S. Postal service will be contacted to verify which roads will require naming, these names will be incorporated into the Site Plan application following approval of the Minor Master Plan application. B. The traffic impact statement will be revised to reflect the redistribution of traffic pursuant to the removal of the Southwest Congress Boulevard connection to Knuth Road. C. The Master Site Plan has been revised to show sidewalks on both sides of the internal roadways. The sidewalks will be in compliance with Chapter VI, Article III, Section 11 A, Page 3 through 6 of the Boynton Beach Code of Ordinances. D. Deed restrictions will be established to provide for a property owners association to pay for the operation of a street light system within the development at the time of plat approval. Ms. Tambri Heyden August 31, 1995 Page 4 E. The engineer for this project has certified that the drainage plan will comply with all City codes and standards and a copy of this letter has been attached for your review. F - H. The engineer is aware of the comments and will Incorporate them Into the final engineering plans. I. The eastern 25' of the 80' right-of-way has been dedicated. This dedication has been recorded in O.A.B. 7324, Page 1162. J. Acceptance from South Florida Water Management District and Lake Worth Drainage District will be required prior to final engineering approval. K. A permit will be obtained prior to working within the right-of-way per Chapter 22, Article 2, Section 7 (A), Page 22-3. L. In lieu of providing sidewalks on both sides of Knuth Road, the developer has agreed to install an 8' wide bicycle I pedestrian path along the east side of the road. PUBLIC WORKS DEPARTMENT MEMORANDUM NO. 95-145 1. The Site Plan has been revised to accomodate sanitation vehicles. As per our meeting with Mr. Robert Eichorst, the garbage collection areas will be located at the time of final site plan approval. , RECREATION AND PARKS DEPARTMENT MEMORANDUM NO. 95-379 1 . The recreation dedication requirement calculation has been shown on the Master Plan (page 10f 4). 2. The five recreational elements consisting of a swimming pool, a sand volleyball court, jogging trail, gazebo / garden amenity, and cabana have been shown on the Master Site Plan and Master Plan. The appropriate parking spaces have also been shown along with the required handicap spaces. It is the intent of the developer to utilize the cabana as one of the five amenities, but no meeting area is proposed. An alternative amenity will be provided if this is not acceptable. 3. It is the intent of the developer to provide a cabana as one of the five amenities, but no meeting area is proposed. If this is not acceptable an alternative will be provided. 4. The developer agrees to construct the jogging trail with asphalt or another permanent surface to minimize maintenance. The revised Master Site Plan shows the jogging trail (1320 linear feet (1/4 mile) In length). 5. Details for private recreation equipment will be provided during the Site Plan Review Process. 6. Parking spaces will be provided for the two recreational elements In the southern portion of the P.U.D. These spaces will be noted on the final site plan. ,., ..., Ms. Tambri Heyden August 31, 1995 . Page 5 7. It is the intent of the developer to construct a detention area leaving the rest of the open space pod in its natural state thus maintaining its natural characteristics. If a lake was constructed in the open space area, the number of preserved trees would decrease. 8. The preservation area will remain in the southern portion of the property. If you have any questions or concerns In regard to this application, or If you need any additional information, please do not hesitate to contact either Marcie Tinsley In this office or myself. Thank you in advance for your past time and future consideration for this project. Sincerely, c~l~~ Kilday & Associates, Inc. Enclosures Susan Prillaman, Pulte Home Corporation South Florida Division Yvonne Ziel, Traffic Consultant Jim Drotos, Shaw, Drotos .L(Ia~~ · Received B : cc: P4~h!F Date CW/Jb/heyden.831 ~. "'... SHAH .. .- ---- ~ - -.- ~DROTOS Engineering Surveying Planning &ASSOCIATES 4901 NW 17th Way SulI.404 Fl. lauderdale. Fl33309 PH: (954) 776-7604 FAX: (954) 776.7608 August 30, 1995 City of Boynton Beach Engineering Department P.O. Box 310 Boynton Beach, FL 33435 Attn: Mr. William Hukill, P.E. City Engineer Re: Tara Oaks SDA Project No. 95-0261 Dear Mr. Hukill: The master plan is in compliance with all City codes and standards, Chapter 6, Article IV, Section 5A, pg. 6-7 and Chapter 23, Article IIF, pg. 23-8 of the Boynton Beach Code of Ordinances for the master plan requirements. If you have any questions or concerns, please do not hesistate to contact me. Yours truly, SHAH, OROTOS & ASSOCIATES d.u~ mas F. Drotos, P.E. Florida Registration No. 35505 JFD:laf L015.004 ..,. .."", [IJ ~. Environmental Consultants, Inc. 222 S. U.S. Highway One. Suite 201 · Tequest.1, FL 33469 · (407) 744-7420 · Fax (407) 744-288~ August 2 I. 1995 City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425-0130 Attn: Mike Haag ';~rn @ ~ D'\{7 iF l(~>1 :\ Y(I~~~-1~9~-' ; " :.~I I ~ ; \ I.J I Re: Tara Oaks Gopher Tortoise Relocation Dear Mr. Haag: Approximately 55-60 gopher tortoises (Gopherus polyphemus) are predicted to occur on the Tara Oaks parcel. This estimated figure was determined using the burrow survey data and data resulting from burrow investigation with an infrared video camera. The site has been significantly impacted by prior land usage and clearing activities. These activities ha\e significantly degraded the available gopher tortoise habitat on the parcel. , The Tara Oaks parcel comprises +24 <I(,;rcs. Florida Game and fresh Water Fish Commission (FGFWFC) studies indicate that lllle ~llplH:r tortoise requirc'i lll1C-halt" (0.51 ~l,:r\: of suitable habitat for long term survival. .\pprl1\llll<ltcly 30 acres of l)plIlllal habitat \\ould be required to support the predicted Tara Oaks gopher tortoise population. Currently. the parcel supports a population density in excess of this recommended density and. as such. on-site preservation is not a viable option du~ to the:: presence of insufficient. low quality habitat on the Tara Oaks parcel. C&N recommends off-site relocation of the entire population to a large, regional gopher tortoise re-stocking area. Mr. Tom Stice (FGFWFC) concurs with the survey findings and the need to accommodate the tortoises through off-site relocation (telephone conversation August 21, 1995). An off-site relocation plan is being prepared for submittal to the FGFWFC. Upon authorization of the off-site relocation permit. the tortoises will be captured and relocated to the designated recipient site. The listed flora and fauna survey also identified three scrub mint (Conradina gral7.diflora) plants which are slated to be relocated to the proposed on-site preservation area. No other state or federally listed floral or faunal species were observed on the Tara Oaks parcel. '-':'-4 ....... The off-site gopher tortoise relocation permit issued by FGFWFC will not alter the Tara Oaks Master Plan or Site Plan as shown in order to comply with the permit requirements, /lor wilI the proposed tree relocation plan. Should you have any questions, please do not hesitate to call. Sincerely. C&N ENVIRONMENTAL CONS LTANTS. INC. c~~lk President/Senior Biologist CMC/aj cc: Kevin J. Hallahan, City of Boynton Beach WilIiam V. Hukill, P.E., City of Boymon Beach . Susan PrilIaman, Pulte Home Corp. Marcie Tinsley, Kilday & Associates 95-041 , . 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Dear Ms. Heyden: In following the newspaper articles in regards to the Tara Oaks project and furthermore to a telephone conversation that you and I have had in April on the subject, we the residents of Tara Lakes are pleased that the "City of Boynton Beach" has "approved" the extension of Knuth Road through to Woolbright Rd. In addition, we are pleased to learn that there are no longer plans to access the new community from Southwest Congress Blvd. With this in mind, the community of Tara Lakes wishes to ask that the City of Boynton Beach "temporarily. annex the small extension of road that goes beyond Tara Lakes Drive West to the Tara Lakes HOA. In addition, a dead end barricade and caution sign would need to be placed in that position where the road presently ends by the City of . Boynton Beach to prohibit illegal vehicle traffic and dumping if this annex is allowed. , In regards to this matter, Tara Lakes HOA would like to place a basketball hoop in the "pro- posed" area for the residents of our community to enjoy. As the paved extension of road exists, there would be minimum cost to both Tara Lakes and City of Boynton Beach to allow for such structure. In addition, the "temporary" annex could be removed at a later date if the decision was made to connect Southwest Congress to Knuth Rd or other extension. As the surfacing is already prepared it would be a shame to see this property torn up when it could be used for real community activity. Our plan would make the extension a small park. Possibly a small ficus hedge would be added to give the area some needed aesthetic look also. Please consider our request and advise if you think this is possible. I can be contacted at my office at (407) 997-2299 during normal business hours or at my home in the evening at (407) 737-9173. We are prepared to contact the .City Commission" or other official if necessary. In conclusion, thank you in advance for your consideration. Sincerely, (" , "\ . " \ \ \, \ I '(~h~\ \ \\l~ J\?~ Robert J. Leissle President Tara Lakes HOA Bob Leissle President Bruce Orns Treasurer Arleen Cogoni Secreta"" Tim Marshall General Alan Landers landscape Emil Mascarlello Architl.rcl Terry lee Golembiewski Irriggllon E X H I BIT "E" , n 3: .. '" t'1 ~ ::r: " b' oo .. n p. ,.. .. ~. ... ::I .. ~ Zt"'::r:!-tltJ:I~ tr:l() <:10. >-3 0 III 0 . 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I ..., I :'> f w..' ~ -"1 ~~ -. .,., ,_I ~.' '1 :j :'! il rCl .- ., .(' I ,I I ! II . ..---- , . - - - . - - ~ t"tj c: t:' t-3 o ~ z ::r: o c: (J) tx:J (') ::r: ~ ::tJ t-3 E X H I BIT "F" , .., ..., BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT TO: FROM: DATE: REF: I T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR SGT. MARLON HARRIS, POLICE DEPARTMENT II SEPTEMBER 95 TARA OAKS 2nd SUBMITTAL MEMO #OI6X I have reviewed the above plans and st!Jl~in~aih::pr~~:{;u~..sptt'.~ent from earlier memorandum. In addition, there arc now proposed.:'(7):~~gCnqy Acces~:'(}4t~:::along the western property line, along Knuth Road. The plans ~tc:'~."\:i~6;;tBox"..tYpe IQq,~:t Ilmq<?t sure what this concept refers to, but if it indicates tht::l'ijse orakey to each gate and loc~:,:tti.tri I would not recommend this method of securing an "1!tQ,~fJency" access. These gatesc~n.pt~y.::an important part in evacuation of residents anq.:;taetWal entrance for police critical inc\4en\.~:.teams. Locating keys for specific developments thf~{lghqLt the city is not a prefel,.ed trend.":,:\,. :::\, ~Lr":',',;"":,,,~,:" -::. .':..,. .~,:: .:-.~ \. ':~ \;:: "':.-: I also maintain my previous position on S.W. Congress Blvd. The devclopment will only bc acccssiblc from Knuth ~<t::..v,.ia W.t~:QYQ~~n Bem,:\t:Btyq: or \yq.olbtia.ht Road. Response timc :<:-' . . . . .. :. .. . .. .. .. for cmergeney vehicles)w.oul4,.:.be gre,atly.j~ptease4 ..~4....:9fficer +fety ~~omes a concern. I realize the objections from CliPfcfcpye an~ijLakCf~:pf T~'....dcVClopmq~.s, btt:i.J believc completion of S.W. Congress Blvd wookt::cilbaite,llisJl()lisc titndJo thcir dOmtrtiitliti:e.s al~. A traffic study was supplicd by Yvonne Ziel Consultants, Inc. regarding traffic flow and p~~jected growth in this area. The study refcrs t9.:.a...l.~ study and also reflects the 1988 apP~9y,it'pf77 single family units for Tara Oaks. Th'crstbjty is not valid at this point, as the projeqt~# ~l'ans call for tripling the number of units, thereby Jrip~!hg the number of vehiele travel. Tar,~..~k$:::f:s now planning on 194 units and I fcel the study::rtced-s-..to be redone and ful1her considera'tiQl\,.pf S.W. Congress Blvd being completed should be jp':cril~~d in this project. /:::>:...,.......::::t),: .:~:~~:~~~:':::~:f;~ ~:...::~::::::~::::;~~~~ :e~)j;~~ ~~r1on Harris Police Department , ; ~; J ' > - ~ ~ . d 1 , .. i BOYNTON BEACH POLICE DEPARTMENT TRAFFIC UNIT TO: FROM: DATE: REF: T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR SGT. MARLON HARRIS, POLICE DEPARTMENT 28 SEPTEMBER 95 TARA OAKS - REGARDING MEMO #0163 MEMO #0174 ..::.........:.......;:. This memo is regarding my earlier mer:r.Y?f::a:~d{essJn~:;:tbe tIf.ffie.}low survey. I have had conversation with Ms. Ziel regardil1g:;~~::$l~~niittt!d.}urvey)lI}4j~::is now clear and I have no problem with her traffic study ~ s'V~y.~:(:rstill matntain::mf posit~~ on all other points regarding this plan. /..h::..,:.. ... .....:. .':'. .'" ..::../i.r::.:.....:::::>:: t:: .;.'-: .. ..' \\. '::.\ r;;.;::'::::::::.:::/ .: :'. .::. Respe~llt. q [PD=~ Police D~~(i~;,~ent it /l ) J f~:. \t /....</. ~ ~~..:.~.:...:.:....~.: ..::::: I ~:::::::.1~: l ~ :'. < t.~::~::~:;~:::::::::~~:.} ::,...~ . .... . , . . ", ,'---". ',' " '.................. " . . -,. ,',' .', ," lQ) , ((W~~:\:\ ...<:~::~:::::::..:/ ,., .." TO: RECREATION & PARK MEMORANDUM #95-424 Tambri Heyden, Planning & Zoning Director 00 ( ~J ~ s" ';5 ~ m John Wildner, Parks Superintendent ~ : PU!NNING AND _ ZONING DEPT. Tara Oaks PUD - 2nd Review (Mast Plan Modification) FROM: RE: DATE: September 18, 1995 The Recreation & Park Department has reviewed the masterplan modification (2nd review) for Tara Oaks PUD. The following comments are submitted: I. The developer appears to have addressed all comments in Recreation & Park memorandwn #95-379 with the exception of #2 concerning the provision of a clubhouse/meeting room which is still shown as a cabana. 2. A cabana is not considered a separate recreation amenity but is considered a part of the swimming pool. This department feels strongly that a recreation center building (clubhouse/meeting room) is lJIl essential part of the complete private recreation package for this type residential development. 3. Representatives for the developer have indicated their willingness to provide a different 5th private recreation element but not a recreation center/meeting room. We would JlQt recommend this as an acceptable alternative. 4. At this time, the Recreation and Park Dq>artment cannot recommend one-half credit for private recreatio~ provided. 5. Based on 192 D.U. X .0150 acres = 2.88 acres recreation impact fee. Since the developer is not recommended for one-half credit, the full 2.88 acres fee is required at the time of final plat. JW:ad xc: Charles C. Frederick, Director, Recreation & Park Department File t;"JI'l1L PUBLIC WORKS DEPARTMENT MEMORANDUM #95-165 TO: Mike Haag, Zoning Site Administrator FROM: Robert Eichorst, Public Works Director SUBJ: Tara Oaks Master Plan Modification - 2nd Submittal DATE: September 12, 1995 The applicant at the above site has requested can pickup at these location for solid waste disposal and recycling which could possibly be accommodated, however the location and accessibility for servicing must be shown at time of site plan submittal. .~~~ obert Eichorst Public Works Director RElcr ~ '-' ., I, I. .. t I: l,l DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-311 ! _(,.n'" TO: Mike Haag Zoning/Site Administrator NJ~A'~ Hukill, P.E. (j(jf{ffE-;; gin ee r September 26, 1995 FROM: DATE: RE: TARA OAKS - TRAFFIC SIGNAL As you know, Mr. Weisberg has informally reported that future traffic at the intersection of Woolbright Road and Knuth Road is not projected to warrant installation of a traffic signal at that location. He suggests that it is possible for the City to require the developer of Tara Oaks to escrow the cost of such a signal ($35,OOOz) to cover installation up to two years beyond development substantial completion and subject to traffic counts at that time. If the signal is not then warranted, the escrow payment would be returned to the developer. It is my opinion that traffic projections from Tara Oaks are so light that the likelihood of a signal being required in the future is minimal. If Knuth Road is constructed through to Boynton Beach Boulevard, additional traffic would be generated at Woolbright/Knuth. That may be pretty much offset by the reduction in traffic to/from Tara Oaks since residents and visitors will have the option of going either north or south on Knuth Road. If the Commission wishes to make the ..orow .rr.ng.m.nt d..erib.d herein a condition of approval of Tara Oaks, we have no objection. WVH:ck xc: Carrie Parker, City Manager Ken Hall, Engineering Aide CoT ARAOAKS.SIU DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-349 j. t /~ . TO: Mike Haag Zoning/Site Administrator ttl~~g~~~;~l' P.E. September 13, 1995 FROM: DATE: RE: TARA OAKS - TRAFFIC IMPACT ANALYSIS We have today first seen the September 12 traffic study for Tara Oaks. The two significant requirements contained therein are a right turn lane in at the project entrance and a southbound to eastbound left turn lane at the Knuth Road/Woolbright Road intersection. Normally additional conditions would not be placed on an application this late, but clearly it was the applicant's delinquent submission of the traffic study which made it impossible to respond earlier. , WVH:ck C':TARAUAKll.TRI' .... .." DEVELOPMENT DEPARTMENT ENGINEERING DEPARTMENT MEMORANDUM NO. 95-304 FROM: Mike Haag, zoning/Site Administration b6t~am Hukill, P.E., City Engineer August 16, 1995 TO: DATE: RE: TARA OAKS - MASTER PLAN REVIEW Plfo.NNING ~ND lONING DEPT. We have reviewed subject development and have the following to offer: A. Verify which roads require naming (for mail delivery) with U.S. Postal Service. B. Provide Traffic Impact Statement. Chap.2, Sec.9C4h(5), pg.2-85 C. Sidewalks are required on both sides of all local and collector streets. Chap.6, Art.III, Sec. 11A, pg.6-3 D. If street lighting is provided, establish deed restrictions providing for a property owners association to pay for the operation of the system within the development. S;hap. 6, Art. I I I, Sec. 14, pg. 6-4 and Chap. 5, Art.5, Sec.2A4, pg.5-9 E. Provide Certification by Developer'S Engineer that drainage plan complies with all City codes and standards. Chap.6, Art.IV, Sec.5A, pg.6-7 and Chap.23, Art.IIF, pg.23-8 F. Minimum 15" pipe must be used in storm sewer. Chap.6, Art.IV, Sec.5A, pg.6-7 G. Inlets must be in grassy areas unless otherwise approved. Chap.6, Art,IV, Sec.5B, pg.6-8 and Chap.23, Art.IIF, pg.23-8 H. Locate all drainage easements. Chap.6, Art.IV, Sec.6B, pg.6-9 I. Knuth Road is a collector road by both PBC and FDOT standards (see FS 334.03(4) and must be dedicated to City of Boynton Beach. Required dedication is 25'. Chap.6, Art.IV, Sec. lOU, pg.6-l5 J. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap.6, Art.VII, Sec.4B, pg.6-24 K. Permits must be obtained for work within R.O.W. Chap.22, Art.II, Sec.7A, pg.22-3 L. In lieu of providing sidewalks on both sides of Knuth Rd., install an eight foot concrete bicycle/pedestrian path along east side of road. WVH/ck (':TARAOAKS.MI'R From: /fiJ. 0 r-@I?OWl?ftl ,f,q]! ~rn ,. I '.. /; II !. , . .,:, Tambri Heyden, Planning & Zoning Direc,;....~i.,Tiii\~~/ Al Newbold, Deputy Building Official ..,-~ BUILDING DIVISION MEMORANDUM NO. 95-348 September 19, 1995 To: Re: TARA OAKS PUD Northeast corner of Woolbright & Knuth Road extended Building Division review of the response to our five comments in Memorandum No. 95-299 (copy attached), is not acceptable unless the plans show the correction. Our comments still stand, and it should be noted that our code requires parking to be on-site with the unit parking above the requirements allowed on common land. Al d& 7)f_{-// AN:mh Attachment: Copy of Memorandum No. 95-299 Plans cc: William V. Hukill, P.E., Department of Development Director , A:TARAOAltS.TRC ,., ~ BUILDING DIVISION MEMORANDUM NO. 95 - 299 August 16, 1995 From: Tambri Heyden, Planning & Zoning Director Al Newbold, Deputy Building Official Tara Oaks POD Northeast corner of Woolbright & Knuth Road extended To: Re: Since a description of the request is to modify the Master Plan to change the type of units from apartments to townhouses, the Building Division would like to make the following comments: 1. Site should be platted. 2. Parking should be adequate for each townhouse on its own premise. 3. Recreation buildings should be constructed. , 4. Plans should be in compliance with parking signs and handicap code. s. Plans should show established easements and setbacks as it relates to townhouses. ~~~ Al Ne 01 AN:mh Att. Plans cc: William V. Hukill, P.B., Department of Development Director A: TAJlAO.U:S. Tile: Fire Prevention Memorandum No. 95-346 WDC TO: Planning Department FROM: Fire Department DATE: September 21, 1995 RE' MPMD 95-007 Tara Oaks Knuth Road Extended The attached are the standard requirements for security gates. These requirements should be reflected on the site plan. I( 1 'j . {, A l'/ I / Il? fi/ ( (I ( , \ Wi1l~m D. Cavanaugh, FPb I CC: Chief Jordan FPG- n Campbell File , ~ 'WI SECURITY GATES AND EMERGENCY ACCESS: The Fire Department continues to have the opinion that security gates are detrimental to Fire and Rescue operations. The minimum performance for security gates is as follows: 1- Gates shall be openable by telephone, with a call from central Dispatch Center. 2- when the gate is opened by the call from central Dispatch, it shall remain open until the emergency is over; at which time central Dispatch will be told, by officer in charge, to close the gate. 3- In case of a power failure the gate shall open automatically. 4- Appropriate "Hold Harmless" agreement re: damage to gates equipment, etc. , PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-555 FRaN: Tambri J. Heyden Plo.l1lllng and ZonJ.ng Diq::;- ctOl- C. Michael E. Haag ~. Zoning and Site De .- ent Administrator TO: DATE: September 26, 1995 SUBJECT: Tara Oaks (planned unit development) HPl-lD 95-007 (elinnnatJ.on of the extension of s. H. Congress Boulevard, alteration of the location and type of recreation, a change In unit type from apartments to to....mhouses, establ~shmen.t of pel-imeter buffer easenients and dwelling Ulnt st2tbacks and establish a parcel line between the new townhouse proJect and the church property) Please be advised of the following comments relat1.ve to the second revJ.E:W of the modified master plan for the above-referenced project: 1. With a distinguJ.shable symbol show, dimensJ.on and label on the master plan the bUJ.lding setback on each side of the parcel/property IJ.ne that separates the church property from the residential property. It is recommended that the setback dJ.mension be labeled and shown followJ.ng the perimeter of the open space area identified on the plan W1. th the e~~ceptlon of the follow1.ng specific setback dimensions for the gazebo: south 20 feet, east 40 feet and west 260 feet. Change the setback note for the recreatJ.on area to indJ.cate that the 25 foot setback 1.S for all amenities except for buildlngs WhlCh shall follow the perimeter setbacks. 2. Add to the setback chart the side build1.ng setback for the internal lots. 3. Modify the submittal to J.nclude a survey of the entire PUD. ~. Spec1.ty on the master plan that the proJect shall be platted and site plan approval is reqUired for all 1.mprovements not included with the plat and construction plans of tne requJ.red improvements. 5. Change the name of the document from "Master Site Plan" to "Master plan". , 6. Hodify the parking data for the recreation ameni tJ.es to 1.dentl.fy the correct number of requ1.red parking spaces. 7. It is recommended that the landscaping proposed for the east, west and south perimeter buffer easements be changed from one tree every thirty lineal feet plus shrubs twenty four inch on center to a grouping (4 to 6) small native or moderate drought tolerant trees (minimum height 8 feet) spaced thirty feet on center and large native (evergreen) canopy trees (milnmurn height 8 feet) spaced sixty feet on center plus a continuous native or moderate drought tolerant hedge (minimum height 24 inches) spaced two foot on center. The plan view will depict the landscape matel.ial in meandering path l-ather than a straight line. 8. Show on the master plan S.W. Congress Boulevard connecting to Knuth Road extended. 9. A revised master plan, which reflects all staff comments conditions approved by the City Commission and Planning Development Board, snaIl be submitted in triplicate to Planning and Zoning Department, prior to initJ.3ting plattJ.ng process. and and the the 10. Parking spaces shall be provided on the same lot as the dwelling to be served. ..,. ..." Page 2 Memorandum No. 95-555 Tara Oaks MPMD 95-007 11. Compliance with all applicable comments regarding conditions of approval of the 1990 rezoning. 12. Compliance with all comments regarding the City's and Palm Beach County Traffic Division's analysis of the traffic statement submitted by the applicant's traffic consultant. (See Exhibit "A" - letter from Palm Beach County Traffic Division dated September 22, 1995.) MEH:dim xc: Central File a:Tara2 , E X H I BIT "A" , -. ,." ..., September 22, 1995 Ms. Tambri Heyden, Director Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl 33425-0310 RE: TARA OAKS County Administrator ,. I! Robert Weisman I , l/j f, , /' , Board of County Commissioners Ken L. Foster, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee and Public Works Dear Ms. Heyden: Per Mike Haag's request, the Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Tara Oaks, pursuant to the Traffic Performance Standards in Article 7.9 of the Palm Beach County land Development Code. The proposed project will consist of 192 multi-family residential dwelling units and a 20,000 square foot church. The study reports this site to be previously approved for 77 single-family dwell ing units. The traffic study addresses the increase in traffic from the proposed project, minus the approved project. The access points are all on Knuth Road. The build-out for the project is 1999. The traffic study addresses the traffic from a church only. We have been seeing many of the 1 arger churches are be i ng bu il t wi th day school and day care facilities. If the project has these uses, the traffic from these uses also needs to be addressed. The Traffic Division has determined that the project meets the r.quirem.ent. of the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Yvonne Zie1's letter recommends a right turn lane on Knuth Road, at the residential driveway, if Knuth Road is not extended to the north. While the projected peak hour traffic volumes meet the County minimum requirements for a right turn lane, there appears to be a flaw in the logic. Right turn lanes are needed to remove slower turning traffic from the through traffic flow. If Knuth Road is not extended north, there is no through traffic. The right turn lane would serve no purpose. When knuth Road is extended to the north, the traffic would probably be oriented more to the north. There would be a need for a left turn lane at the residential driveway. There appears to be only a short section of Knuth Road misSing north of this project. It seems logical to make the connection to the north in conjunction with this development. Otherwise there will be a missing section of roadway in a fully developed area. "An Equal Opportunity - Affirmiltive Action Employer" @ Oflnred or; recycled oapt'Jr Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 September 22, 1995 Ms. Tambri Heyden, Director TARA OAKS page two Sincerely, OFFICE OF THE COUNTY ENGINEER CJ (; 0.(/(1../.., )'k :)<..a-i)1 Dan Weisberg, P.E. Senior Registered Civil Engineer cc. William Hukill, P.E., Director Boynton Beach Department of Development File: TPS - Mun. - Traffic Study Review , g:\user\dweisber\wp50\tps\boyn52 ~ 'I ~. ~ ...." ---II. DEVELOPMDT PLANS B.2 cc: Dev. Plan. Util PLANNING AND ZONING DUAR MEMORANDUM NO. 95-102 Agenda Memorandum for March 21, 1995 City Commission Meeting TO: Carrie Parker ::::r:a:~g::yden ~ /, Planning and Zonin~ctor March 16, 1995 FROM: DATE: SUBJECT: Tara Oaks PUD - CNTE 94-005 & MPTE 94-003 Time Extension - master plan and concurrency exemption Please place the above-referenced request on the March 21, 1995 Ci ty Commission agenda under Development Plans, Non-consent agenda. DESCRIPTION: This is a request for approval of an eighteen (18) month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification, submitted by Kieran Kilday, agent for Bill Winchester, property owner of the Tara Oaks PUD located at the northeast corner of Knuth Road extended and Woolbright Road. The expired master plan depicts one hundred ninety-two (192) multi- family units, private recreation and a twenty thousand (20,000) square foot church. RECOMMENDATION: The Planning and Development Board, with a 6-1 vote, recommended denial of this request. The Board recommended that the zoning and land use of the subject property be re- evaluated as part of the 1996 Evaluation and Appraisal Report (E.A.R.) of the Comprehensive Plan. I . / " I ~ ~)4jj (. jh~/'I~~ ~ ,j fA fV tl'~ ~) 12>: Lt~t( &~<:,-. (..{/z/ i1,~ .J'1/1k~ J.-1 B~~y~ru--o'(j{(,{)l"---- '-if1;!.''--e''t-. -<c'~Sr- (97 c'" #I c .. / . . ~. . , . ' ..J ~~~ !fU- t~ Jb. ~ ~~ '41 [tie.. J ~~'1;~~:~'~/:~ 71~ !--Y"~~~~~A>~ 1:'/'\ ,uro(;~(U--0~7" ~~. 'jyL<-. (L?r~-.Z;flTl- ~~"-~ .~~~_ ~~-L ~C -ti~i {l'YV-;r Ik f.tb~ 6~~<L{ tft/!J~~i-~ . . $z-{ .1R-?:~ r,'~~ u~ -./ ~- ,,1,4- +-.-,.,A?t-/'~- -17 ~ 7~' ~/~k f:~A~./~KIl/l I ,~ ... . < .. /~~ ~ /~J?L~C-,.c i [<-{ _d.-u6~rh'- ,tCL:.L( :(;.7 }~.[(~ fh'~ / -ItU 1J' c Le{', tJfJt'dt'V;z~ ~~. /is/ /5';/';::. ..;!~ Li~ ~~ /?'-<L ;~, 'aJf ~ ..11o,u1.: {if:.."" . .;;:"f !,;U~. c( {./~/f f (""-<- , v<-;:. iV"-X../r .. "'I b:6.ICvuL.~' ~~ ~ f/L ~;;{j F~ ~[",L.-VLM~dA />e- I~~r ~ , ; (j .~ TJH/pb c : ccmtg321. tar ., ..., ~y It &~ Landscape Architecta/ Planners 1561 Forum Place Suite l00A West PIIm Belch, Floridl33401 (4071689-6622. FIx: 14071689-2592 , April 12, 1995 RECEIVED Ms. Tambri Heyden, Planning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 APR 13 ]';I\}S CITY MANAGER'S OFFICE - Re: Knuth Road P.C.D. Extension Request, Boynton Beach P.C.D. Extension Request and Tara Oaks P.U.D. Extension Request Our Project No.: 799.16 Dear Ms. Heyden, This letter will serve as several requests. Firstly, on behalf of my clients, I have been authorized to request an additional thirty (30) day postponement of both the Knuth Road P.C.D. and the Boynton Beach P.C.D. As indicated in my previous correspondence of March 16, 1995, my clients have been trying to firm up development time tables to address the concerns which were raised by the Planning Commission. They are still in this process and would prefer the additional thirty (30) days to be in a better position to address these issues before the City Council. In the case of the Tara Oaks P.U.D., we do intend to present the matter to the city Council on Tuesday, April 18, 1995. In this particular case, my clients have entered into a contract with Pulte Homes who will develop the project. We are requesting that representatives of Pulte Homes accompany us to the meeting to better explain their proposal to the Council. In all likelihood, because their housing type will require modification of the master plan, a master plan modification request would shortly follow approval of the extension. On Tuesday night, we can provide the Council with more details regarding their sales program. However, given the fact that we are anxious to move ahead with the Pulte Homes / Tara Oaks proposals, I do need to get the impact fee credits issue resolved for the construction of Knuth Road. You will recall, that I addressed this matter to you in a separate letter of January 24, 1995, (attached). Sometime ago, both the County Representatives and City Staff recommended approval of these impact fee credits. However, in order to facilitate that approval, a resolution must be passed by the City Council to be submitted to Palm Beach County. Attached you will Ms. Tambri .Heyden April 12, 1995 Page 2 of 2 find a draft of a resolution that contains the necessary information according to the County O~inance. I would request that this matter be on the agenda for action on Tuesday nights meeting as well as the Tara Oak extension. Resolution of this issue is a requirement of our contract with Pulte Homes. . Please call me if you have any questions regarding any of these matters. Sincerely, -K\ Iv(~ -kJ~~ Kieran J. Kilday Kilday & Associates, Inc. KJKlcdd\cheyden.412 Attachments cc: Mike Schroeder; Schroeder & Larche ~{~.~,*,~U.h~r-.Ji- .. "-' ,q; w .""" ... ~ KJJcIay It .&.~"tM LandacaP41_ Architec:tal Planner. 1561 Forum Place Suite 100A W8$t Palm Beech, Florida 33401 (4071 689-5622 · Fax: 14071 689-2592 January 24, 1995 Ms. Tambri Heyden, Planning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Impact Fee Credits for the Construction of Knuth Road Our Project No.: 799.16 Dear Ms. Heyden, As you are aware, my client, Mr. Bill Winchester, is responsible for the construction of Knuth Road as part of the Conditions of Approval for the two Planned Commercial Developments and one Planned Unit Development which are currently being considered for Time Extensions. Since the projects have been approved, there has been an assumption that the costs incurred with regard to the construction of this road would be credited against Palm Beach County Traffic Impact Fees. Because Knuth Road is a collector road designated on the City's Comprehensive Plan, the value of the construction of Knuth Road is more resident serving than project serving. In reviewing our files, it appears that the issue of impact fee credit has never been finally coordinated with Palm Beach County. I am attaching a letter written by Mr. Chris Cutro on May 28, 1992 to Mr. Haney Frakes. It is my understanding that our County staff is prepared to recommend approval of the impact fee credits, but a resolution requesting such credits needs to be adopted by the City Council. Attached you will find a draft resolution which was prepared by my office to assist Mr. Cutro at the time he was pursuing this matter. As you are aware, Mr. Cutro left the City without this matter being finally resolved. As far as I know, this resolution has not been reviewed by your City Attomey or presented to the City Council for their approval. At this time, assuming that the City Council approves the extensions for these projects, it seems appropriate to also resolve this issue. By getting this issue resolved now, there should be no additional delays in moving these projects forward within the time period allowed by the extension If I can be of any assistance in this matter, please do not hesitate to contact me. Sincerely, Kieran J. Kilday Kilday & Associates, Inc. . . ~ ...-.lr.II.....- -'-' -- -- . . ~..i-;aIf'._} 'lIlp.;,. ~ I -l;J.j~ -..;;,;~ ..~ I"""\:b :""-" I '- ... . .. -z- KaY Z8, 1992 HaDe, nAka. eur~.Dtly, there are two p~ojects which have received approval fr=m th. city which in addition to b~v1ng fronta~.. on either wc=lbr1qht ~oad or Boynton 8each Boul.var~, also have frontages on Knuth Road, As ~art of the development approval process, the City w1she. to hav~ either one or ~oth of the.. projects complete the m1ssinq l1nk Qf Knuth Road. The developer. of the.. parcels ha'le r.qu.ste~ clari:ication as to whether 1mpact tee cr.~1t can be obtained ~or~he c:ot'lstru~t1on of Knuth Road which is not diractly relatad to the n4ed of t~8 proj.ct purauant to ..ct1on 2~-25 of ~h. Road Imp.ct re. ord1nane.. la..d upon my raad1nq of the orc11nance and the dllfiJ1:it~on of Ira .ajor road. network .y.tem", I believe :nat Knuth RO.~ .houl~ qua11ty .. the ~.jor eollee~or roa~ which i. envi~ion.~ 1n thi. ord1nanc.. Add1t1cnally, ~ec.u.. Xnuth Road will provide the fi..t .e.t.~ly nor~h/.cuth al~arna~1ve to eonqress Avenue, it .hould provide r.11ef a~4 therefore eddit10nAl capac1ty for conq~a.. Avenue .. "*11. I woulC apprec1ate your relponse to tb1. letter. Ne.dl... to lay, we expect that we woul~ nee~ to meet all of the requ1re..nts of ~ne ordlnance Wlth respect to proce4ur.8, COlt ..timatel, and .cope of con.truct1on activity. Thank you fer four conli.c1.rae1oD. lincerely, ~~ Cbr1.~oph.r Cutro, AlCP PlanninG and Zoning Director cc: ep Ene. A: IU.ld.AY .'.~ i. l' I~ 1't"J.""""(-oo:r-,~:;l':: ~P02 ~ r '-' '-' rn[il&~' .."" 'W' v PROPOIBD" RI SOLUTI ON WBBRBAS the Boynton Beach Compreheneive Plan, Ordinanoe 8~-38, ide~tifie8 Knuth Road ae a City C~lloot~r (Exhibit A), and WU~RBAS th~ City of Boynton Beaeh ha. obtained and protected ~he Risht-of-WAY f04 ~nuth Road ae part of its adopted Thoroughfare plan, and WBERBAS ~nuth Ro~a provides a criticA~ North/~outh alternative to Co~qrees Avenue between Woolbright Road and Old Boynton Road, and W!i!;REAS th. City of Boynton BCCLch ha.s a.pproved Knuth l\oad PCD (Ordinance O'O-70j and Ta.ra. Ocke PUD (Ordina.nce 090-75) which both front on Knuth Road, and WHEREAS the City or Boynton Beach has required the petitioner. ot ~nuth Roa~ pen and Tara Oaks PCD to construct the mis.ing link of Knuth Road between Eoynto~ Beaeh Boulevard and woolbr19h~ Road, and WHEREAS ~h. construction of Knuth Road is not a site related requirement of either Knuth Roaa PCD or Tara Oaks PUD, and WBE;mAS the construction of Knuth Road ill considered part of completion ot the major road network ot the City ot Boynton Seach, and WHBREAS the citizen. of Boynton Beach and unincorporated Palm Beach County will benetit from the completed link of Knuth Road between Woolbright Road and Old Boynton Road, and WHBREAS Article 10.1 l.l.g. of the Palm Beach County Unified Land Development Code provides impact fee credits where construction of a portion of a major road network is proposed, and WHEREAS the City of Boynton Beach ha. determined that the cODstruction of Knuth Road meets the standards for credit of road imp&~t fe.., be it therefore RESOLVED that, THB Ci~y of Boynton Beach requ.st that Palm Beach County make a ~indinq ~hat credit for the preparation of plans and construction ~t Knuth Road a. approved hy the City of Boynton Beach and Palm Beach County be qrantftd against the Road Impact Pees due from Knuth Road PeO and Tara Oak. PUD. 6..&..1 TARA OAKS PUD TIME EXTENSION .., ..." PLANNING AND ZONING OBPARTMBNT KBMORANDUM NO. 95-094 TO: Chairman and M~mbers Planning and Development Board Tambri"J. Heyden -rf~ Planning and Zoning Director Michael E. Haag-\Z!:...b-~ . Zoning 2nd site.Ove'fopment'Administrator March 9, 1995 THRU: FROM: DATE: SUBJECT: Tara Oaks PUD - File No. CNTE 94-005 & MPTE 94-003 Time Extension (Amendment to Planning and Zoning Department Memorandum No. 95-037 At the request of the applicant, Kieran Kilday, the Planning and Development Board at their February 14, 1995 meeting postponed action on the request for a time extension for zoning/master plan approval and concurrency exemption for the above-referenced project. The applicant requested postponement due to incomplete traffic information and related unresolved issues. This memorandum serves to address these issues that could not be addressed in the original staff report, Planning and Zoning Department Memorandum No. 95-037. Based on recent Commission sentiment ~egarding approving multiple and retroactive time extension requests, staff has required, pursuant to the concurrency management ordinance, traffic information to be submitted with such requests. The purpose of the traffic information is to identify any repercussions associated with approving a time extension with an exemption from current traffic requirements i the difference between traffic improvements that were required at the time of the original development order vs. improvements that would be required today. For example, the original traffic study did not include all roadway links reviewed under the existing Traffic Performance standard Ordinance. The Planning and Zoning Department has reviewed the March 6, 1995 letter from Mr. Kieran Kilday (see Exhibit "M"), agent for Mr. Bill Winchester, property owner, and the March 7, 1995 letter from Hr. Dan Weisberg (see Exhibit "BB") , Palm Beach County - Traffic Division. The unidentified previOUS petition mentioned in the Tara 03ks portion of Mr. Weisberg's letter refers to a previously vested approval th3t was granted for 77 single-family homes which equates to 770 daily trips. As stated in Mr. Weisberg's letter the updated traffic study meets Tr3ffic Performance stan.dards (TPS) on all r02dways. MEH:dim Attachments , -. sT:I. ~.~/"~ I ) EXHIBIT AA ."'l /-- w ..., Maroh I, '8111 MI. Tlmbd H.en. PIInning Director City of Boynton 8MCh Pllnnlng & Zoning OtpaItmtnt 100 EMt BoVnton BMah Blvd. BoyntIon BelIch, Fl aa4H Re: KrUh Road P,O,O,"w Bovnton Beach P,C,D. TIme ExllnIIonl OU' PtoJect No.= 718.18 Dear Me. H.,en, ThInk you for meetillg with SII VVInI::h8IW WId mv88It IMt __ to d~.. the Tim. lixtenelona tor BoyntOn s.oh P.C,D. Md Knuth A* P,C,D. M of thII da_, I am aU. WIIItIng tor vtrtftc:atIon from the County &ngn. IhaI phMIng for eech of Ihe lIbove plOjeC1I would only OCCU' ... 1hI .. genntICI by tICI1 project _lICIt 8,881 tripe 5* day. nD runb. II the I'U1'lb.. thII W88 calculated by cu trdc enaI.,.-. Mr. Robert AIM8bun, In UllQrq the 1% that II "owed lEI utilize Gat..-y BouIIMIId 8M \W)rkInCI ..,. ~ backward, to the lit. bued upon the ...iQnmentl aoMIIned In .,. 0..... trafIo atuc:ty. AI ygu ....., Mr, Yt1ncnIMIr.. ooncerne:l _ thII pIQject .. being required to rIIrOICtIveIy meet phasing lIqulrlm.u VttWIlhn .. ~ ottw pIOjIcta In the atv Of.Boynton S..ch which have ND8IVed 8It1nllona wIIhout anv e~ng requirement. For IMt .....n. wt .. ....1MtJ"I1n ......_ wIIh the CIty that either proJect be doMd to uINIze .. or pM 01 .. 0,721 tamI trtpa 1hIt b PfOIIO\I WUcI be IIoWed bttn Ihe NqUI'ImII'II cI pn.Ing. In 0'* WOR2I, ....... Pft)IIct would be I*R1Iaed to a.... 3,311 trtpalt male. ....I\at ,. be IIowId to IIIIgn tither III or part of the IItpI fa aM prq.:st .. It II likely 1NI one ptOject wlH move ."Md qUckw thM the otM' ptq.. One acIdIlcnII .... whIr;h '" dlecuaect . our rnetlIIlQ which we WDUId Ike to have rtIOIVecI . tn. Ume of.. coneldetdon of ..... extInIIon Nqu.l lithe fact that the KIUh Road p,o,e, hu an approval on WI Malter Plan including. MNIce station. WhlI. we .... .~ that the Intee Itatton crftlrta which wu adopted after thll 8pplOVaI would not IlIow thll u.. at thle comer, our ability to plOCeed / ......... MI. ramtwt ....en MIdh.. ,. PegI a ~ our IIppl'OVed milt., plan It yfItV Important. In III p~lItV, baNd on 10m. very recent dltoUlllona with u... of the IWlth Road P.C.D.. \W beIIave trat the servlce ..tIon ~ will In fact btI the ftrat phue of the devtllcpmn of Wa oent.... Additionally. with the conatructlon of the aervlce atatIon, '" hope to be In a pclltlon to construct Knuth Roed from It8 current wmlnua and III lOutherty to the CInII crolSlng. (Tara 0akI P.U.D. will condriue 1hII Q(d1NC1Ion lOutnlrly to WoolbrIGht Road.) At thla tme. _ ~ect the petition to be "-"d by the PlannIng Comrnl_n on MIII'ah 14, ,IMMS. I wi' make myHlf available at any *" 8hDuId you wIeh to dlecu.. v-e matters 1Lntw. I will contInue1D ... wrta.\ oonftrmatIon from the COUnty engineer that the phalng requttwnn l'IfIrenCed In tnII ... II In tICC oolTlOL KI.... J. ICIIdIIv Kilday . ~~ lno. co: MIke 1chrDed. BUI \Mnaheeter Ii r ~ ." E X H I BIT BB , ---' r~-Lr-l '3-:1~. 1oJ':' ; 4. r ~~~~~2~~~~~~2~~l2 4~7 478 S77~ P.~2/03 County Ac1.m1nJstratc Robert Weisman Botlrd III Coullty Commissioners K..n L. F08tU, Chairm..n Burt Aaronaon. Vice c'1la.irman Kare&'\ T. MaJ',u, ClUOl ^. R.oberts W Qrrcn H. N~eU M411f McCnrty \bude F"fa LC'.: Department of Engin" and Public WorlcJ Har'ch 7, lS9~ Hr. Mi ke Haag C1ty of Boynton Beach 100 E. BQynt~n Beach Boulevard P.O. Box 310 Boynton Beach, fL 33425-0310 RE: BOYNTON BEACH BOULEVARD p.C.D. KNUTH ROAD P.C.D. TARA OAKS P.U.D. Dear Mr. Hng: The Palll Bea~h County 1raff1c 01v1Sion has traff1c reviewed the three traffic: anaiyses prepared by Stmmons 1 Wh1te for these three proposed developllents. The three studies ire updates to the K. S. Rogers traffic stud'es prepared in 1990. They use the trip glnerat10n and trip distr1but1on from the K. S. Rogers studies and update the existing traff1c volumes (1994) and the future traffic (1997) volumes. Thise traffic studtes do not address traff1c on 6ateway Boulevard for the t~o P.C.D~St as wnuld be required by the exlst1ng Traffic Performance Standards (TPS). A letter received yesterday fra. S1mmons . Wh1te prov1des some of the requested additional information for Gateway Boulevard. ~on Belch Boulevard P.C.DL lhe upd.L,d Lfarrie stuay addresses 120,000 squarl 'let of goner.' retail. The traffi: study states that the it address 110,315 squart f..t of general reta11 and outparcels consisting of a 5,625 square foot bank with drive-through and a 4.000 sQuare foot high-turnover restaurant. The outparcels are h1gh traffiC generators and the traffic study does not properly address the outparcel uses. The 120,000 SQuire feet of retail will generate 4,818 net daily trips with a build..cut of }997. The study shows that the project will .eet tht requ;rements of TPS on all roadways except Gateway Boulevard. Gateway Boulevard restricts the divp.lopment to 75.700 square feet of general retail (3,361 daily trips) until it i~ widenad to six-lanas in FY 96/97. ~nuth Road P_~_O. The updated traffic study addresses a 120,000 square foot shopping center which f~c'uda~ 110,375 square feet of general retail and outparclls consisting a 4,500 sqUire foat bank with drive.through and service station with a 2,000 square foot convQ~iQnc. store and a car wash. The project will Qenerate 6,221 net daily trips with a build.out of 1997. The study shows that the project will maet the requirementi of TPS on all roadways except Gateway Boulevard. Gatlway Boulevard "An Equ:l1 C'Fp.rtU:H>. . A, (fIrm:l:h._ ""tilln ~nlpll)fl:r" .c.}. .01;1 ~,.""..,. ....,..... ......w 13tr< 21129 West P:drn B..ch. Florida 33.U6.1Z29 141l11684-4000 /, March 7, 1 ':r5 Mr. Hi k. H..g BOYNTON 8EACH SOUlfYARD P.t.D. KNUTH ROAD P.C.D. TARA OAKS '.U.D. page two .., restr1cts the development to 75,700 square teet of general retail (3,3el daily tr'lps) cntl1 -it is w1dened to six-lanes in FY 95/97. Tara Oa~s P.U.~ The updated tratf1c study d1scusses a project cons1st1ng of 19l mult1-fam11y dwalllng units and a 20,000 square foot church. Th1s project would generate 1,498 daily trips. The study mentions an un1dentified preY~ous pet1t1on which accounts for 170 or the projects dilly trips. like the K. .s. Rogers study, the updatea study does not address these trips. Rlther, 1t addresses 728 dll1y tr1ps from an undaf1ned project. The updated' stUdy Shows that this undefined project meets TPS on all roadways, basld on a build-out of 1997. In your letter dlted January 20, 1995. youP requlsted vlr1f1cat1on that the roadway 1nprovelents listed 1n the Simmons a Whit. r.ports ar. st1ll app11cable. Ther. is no 1nfo,..t10n 1n these reports that allows .. to verify the need for those roadway improvements. I a~ sorry for the delay in responding to your request. The fanl of the updated traffic studtes and missing information did not allow I t1.ely rev1ew. If you have ar:y questions regarding this deterMinat10n, please contact me at 684-4030. Sincereb, / OFFICE OF THE COUNTY ENGINEER S-- .~~ Dan Weisberg. P.E. Sen10r R~gisttred Civil Engtneer cc. Pob RennlblUl. P.E.. Sianons & White File: lPS - Nun. - Traffic Study Review h:\traffic\d1w\boyn31 TOTAL P.~~ ~ ' I PLANNING AND ZONING DBPARTMBNT MEMORANDUM NO. 95-037 TO: Chairman and Members Planning and Development Board Tambri J. Heyden Planning and Zoning Director THRU: FROM: Michael E. Haag Zoning and Site Development Administrator DATI: February 9, 1995 SUBJICT: Tara Oaks PUD - File No. CNTE 94-005 .& HPTB 95-003 Time Extens ion ( zoning/master plan approval and concurrency exemption) NATURE OF REOUEST Kieran Kilday of Kilday & Associates, agent for Bill Winchester, property owner, is requesting an indefinite time extension for Planned Unit Development (PUD) zoning/master plan approval and concurrency exemption/certification for the Tara Oaks PUD (see Exhibit "A" - letter of request). The Planned Unit Development consists of 192 multi-family units, private recreation and a 20,000 square foot church (see Exhibit "B" - approved master plan). The PUD is to be located at the northeast corner of Knuth Road extended and Woolbright Road. BACKGROUND On June 21, 1988, the City Commission approved a master plan and rezoning of the Tara Oaks PUD property from R1AAA (Single Family Residential) to PUD with a land use intensity (LUI) of 4.00 for 78 single family, detached units. On December 18, 1990, after review by the Department of Community of Affairs (DCA) and despite objections, the City Commission approved ordinances for a land use element amendment that changed the land u.. classification of the property from Low Density ReSidential to Medium Density Residential and rezoning of the property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192 multi-family units, private recreation and a 20,000 square foot church. The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. These applications were submitted under Palm Beach County's current traffic pet-formance standards ordinance, however prior to the effective date of the City's concurrency management ordinance. Therefore, concurrency certification for traffic and concurrency exemption for drainage amd neighborhood parks were granted with the 1990 approval. On June 2, 1992, the City Commission approved a request to allow construction of the south portion (adjacent to the church parcel) of Knuth Road, prior to preliminary plat approval of the property. The reason for submitting the request was to ensure the Church of Jesus Christ of Latter Day Saints' purchase of the church parcel within the PUD, which took place on June 26, 1992. On June 16, 1992, the City Commission granted a one (1) year time extension that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since t~e Ju~e 1993 expiration, until the subject extension which was ~11ed 1n November 1994; a period of one year and five months. This 1S the need for a retroactive extension. I Page 2 .... Planning and Development Board Memo No. 9'5-037 Time Extension for Tara Oaks PUD February 9, 1995 ..., On April 8# 1993, the city Commission approved a master plan modification for the Tara Oaks PUD to amend the condition of approval which required the construction of Knuth Road to be tied entirely to the Tara Oaks PUD. The approval of the master plan modification allowed the construction responsibility for Knuth Road to be shared by the Knuth Road PCD. ANALYSIS Several sections of the code of ordinances govern these types of extensions. Regarding expiration of the concurrency exemption for the project, Section 19-92 (e) of Chapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate or exemption". It furthers states that "time extensions may be granted for any length of time which does not exceed one year". Historically, retroactive extensions combined with a "current" extension that equate to more than one year, have been granted under certain circumstances. Regarding the projects's previous exemption to the current drainage and neighborhood parks levels of service, the project meets the current drainage and neighborhood parks requirements. As preViously stated, the 1990 approval was reviewed against the current traffic levels of service. Therefore, traff ic certification was received at the time of the approval. With the subject request, a traffic study was submitted to identify any changes in the 1990 certification. The Palm Beach County traffic division is coordinating the receipt of additional information to make this determination and indicated that they would try to have a. response to the City by the Planning and Development Board meeting. The other .ection applicable to this request is Section 9.C.13 of Appendix A - Zoning, wherein it states that the city Commission shall review any rezoning approval to a planned zoning district (PUD, PtD or PCD) that has expired and take action in accordance with paragraphs a. and b. below: "a. The city commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in the manner specified above does not occur by the end of said time extension, the city commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The city commission may' instruct the city manager to file an application to a more restrictive zoning district and/or future land use category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land use map use category." Consistent with Section 9.C.13 of Appendix A - Zoning, the Planning and Zoning Department is forwarding the request for review and direction regarding the status of the approval. If the approval is not retroactively extended, the city Commission may wish to instruct staff to file a rezoning and/or land use amendment application to a more restrictive zoning category. If the approval is retroactively extended, the City Commission should speCify whether the approvar is extended indefinitely or for a set period of time. 2. page 3 planning and Development Board Memo No. - 95-037 Time Extension for Tara oaks PUD February 9, 1995 One of the original DCA objections with the increase in intensity/density of the residential land. use was based on staff's determination that the change in residential land use was contrary to the established land us. pattern (surrounding Low Density, Moderate Density and Low Residential 3 land uses) and that the applicant had not demonstrated where the increase in water and sewer capacity was available elsewhere in the water and sewer service area. Since the preparation in 1989 of the Potable Water Sub-element of the comprehensive plan, water capacity has increased. The City is required to submit its BAR (Bvaluation and Appraisal Report) of the comprehensive plan by August of next year. As part of the EAR, staff will reevaluate the appropriateness of the land use of the property, if development has not commenced. The applicant is stating that the time extension is warranted based on various improvements that have been made to initiate construction of the project. As part of the construction of Knuth Road, the Knuth Road culvert crossing over the L.W.D.D. L-26 Canal is in place, however it has not been verified to the Engineering Division that the work was certified. A clearinq and grubbing permit for the Knuth Road right-of-way was issued on March 24, 1993, which has not been determined whether a final inspection was received. On April 8, 1993, the City Commission approved an excavation and fill permit for the construction of Knuth Road and an excavation final inspection was received on January 21, 1994. The applicant has also prepared plans for the construction of the south portion of Knuth Road, adjacent to the church parcel, that were last sub.itted in Hay of 1993. However, construction could not be approved by the City until certain May 4th, 1993 comments were addressed. This has not yet occurred. RECOMMENDATION For the above reasons, on January 10, 1995 and January 24, 1995, the Technical Review Committee reviewed the request and recommended that a time extension be granted, subject to all previous comments and conditions of rezoning and master plan modification approval. However, rather than granting an extension for an indefinite period of time, staff is recommending that the extension expire on June 18, 1996. The extension, if approved as recommended by staff, would equate to a retroactive extension from June 18, 1993 to February 21, 1995 (one year and n~ol1th.) ~an additional eKtension from February 21, 1995 t June 18, 1996 (one year and four months) .' ./ MEH:dim attachments xc: Central File .:O....Tl..I.C 3 ....,. ..., E X H I BIT A ~..' .' 4 .lIdey . AMOCIe... undscatM Archltectal PIa",*, ,., Forum PI8ce Suit. IOGA . Wett PIIm-8MCh, Florida 33401 1407J __!!22. F..: 1407t 689-2592 November 23, 1994 Ms. Tambri Heyden, Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beech Blvd. Boynton Beach, Fl 33425 RE: Request for TIme Extensions PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75) Knuth P.C.D. (Ordinance 90-70) Boynton Beach Boulevard P.C.D. (Ordinance 90-73) Dear Ms. Heyden, This letter will serve as a fonnel request to have the City Comml8slon of Boynton Beach review the status of the above three (3) Planned Developm.a .-.d to grant further time extensions for their commencement of development. I have reviened your Zoning Code In an effort to determine the proper procedure for extending these project approvals. It appears that the only process aveJlable at this time Is cont8Ined In SectIon S, ArtIcle 13, Time Umltatlon for QJuIoDment of ProD8't;y. In fact, this section was the basis for a similar review of the Capitol Professional Cent.. PCO (located at the southeast comer of Knuth Road and Old Boynton Road). In that case, the Commission, after determining that the existing Planned Commercial Development zoning was the most appropriate zoning for the property, granted an Indefinite time extension. I have attached the staff report and time extension letter for YOU" review. All three (3) of the above referenced Planned Developments were approved on December 18, 1990. Since that time, while ttwe has been some activity concerning each of the proJectS, there has not been fonnal final development plan approval and/or construction. The original eighteen (18) month time limit of the approvals would have expired on Jw. 18, 1992. However, on June 18, 1992, the City Commission approved our request to ... td the expiration dates of the three (3) plamed developments for one (1) year until Jtnt 17, 1993 (see attached letter tram Ctwts Cutro dated June 29, 1992). No action or review has taken place since that time. Due to the down swing In the economy, the property owners have been unable to successfully commence development which, In this case, Is recording of a plat of record for the first phase of development. However, the property owners have worked continuously on all three projects since the last extension in an effort to commence development ~~ m NU1Z: ~rn ttfA 5 Ms. Tambrt H'-'en November 23, 1994 Page 2 Since the expiration of the time extension on June 18, 1993, the properties have been In a sort of limbo. If you recall, the two commercial properties were 8I1f18Xed Into the City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned Commercial Devef9pmWlt Zoning District I. the only zoning dlstrtct that has ever been assigned to them within the City of Boynton Beach. With regard to the Tara Oaks property, the project was already an existing Planned Unit Development when It was modified to Its current mast. plan ataNe. TherwIo.... aaeumlng that the Planned Development approval. have expired for all three projects, I have no Idee what the actual undet1ylng zoning would be. I believe that I. why the provisions of Section 9, Article 13 were provided In the Code. AI In the C8H of tt. Capitol ProfMllonal Center peD, the proJecta clearty need to be revlllted by the City Commllllon to determine whether the exlltlng zoning II the moat approprtate zoning and, _umlng that It I., formal action should be taken regartllng the extension of these approvals. 'W Needless to say, my clients are actively seeking extensions of these approvals. Despite the economic problems which prevented these projects from moving to the next step In the development process, there has been activities und8tak... tIvoughout the enUre ,~. tlmeframe of the approvals to ready these projects for development. For the purpose of your analysis regarding the status 0' these projects, I have prepared a ammary of activities for each project below. Additionally, I win be calling yowofflce to s. up a meeting to review th.e projects with you and I will be prepared to be present at the time of their consideration by the City Commission. At thts time, I am not aware of any formal application procedure. However, If th... I. an application docum...t, we will be ready to submit It to you promptly. I. Tara Oak. Planned Unit DevelopmenL This project received a rezoning approvat from P.U.D. - Pfamed Unit Development with a land use Intensity of 4.0 to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This project also received a land use amendment approval from Low Density Residential to Medium Density Residential. Both of these ordinances were passed on final reading by the City Commission on December 18, 1990. As part of the rezoning and land use approval, the applicant entered Into an agreement with the Stonehaven Homeowner's Association which required the appllc&nt to commit to numerous conditions of approval Including providing a buffer wall on the proJecfs north property line along with a twenty-five foot wide landscape buffer and a 40' setback for all buildings from the north property line of Tara Oaks P.U.D. (copy attached.) This agreement Is stili active and binding. Since the approval of the project the applicant has done the following: 1. Pursuant to the approved master plan, the south portion of the property was designated for utilization by a church. In f8<?t. this property was sold {, Ms. Tambrt Heyden November 23, 1994 Page 3 to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see attached warranty deed). Therefore, the Planned Unit Development now has two separat~ owners, the applicant and the church. - 2. In order to develop this first phase for the church percel, the applicant requested an approval for road Improv.-n~ for the Tara Oaks P.U.D. this request was made by Rick Rossi of Rosel a Malaval Engln..., Inc. to conetruot a portion ot Knuth Road at the eouth ~ of the Tara Oaks P.U,D, to ICCOmmodate the pending plJl"CMse of the church parcel. Subsequently, on June 2, 1992 the City Commission granted approval of the partial Knuth Road Improv.-n.u required by the Tara Oaks P.U.D. (see attached letter dated June 12, 1992 from ChItI CUtro). Also attached Is a letter from the Boynton City engineer dated JW18 19, 1992 Indicating what additional work wu required to obtain a land developmn permit for the road construction. The applicant expended ov.. $4,000.00 In conjunction with obtaining approval of th_ preliminary plans. Additionally, the applicant has obtained the prevlo~ construction plans ,,-: from the previous owner which win be modified In order to obtain final permits. (It should also be noted that over $100,000.00 has been set aside In an escrow account to guarantee construction of this portion of Knuth Road at such time as the church 18 reedy to pul building permits for the development of the site.) 3. The applicant has compiled with the zoning condition of approval to dedicate to the City of Boynton Beech twenty-five (25) feet for Knuth Road Pl:lrslJant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated June 26, 1992). 4. The applicant has expended over $28,000.00 for the construction of the canal crossing at the Intersection of Woolbright Road and Knuth Roact. Attached 18 correspondence concerning the canal crossing Including: .. A letter dated April 24, 1992 from the Department of Environmental Resoll'Ce Management Indicating that no permit would be required pursuant to the Palm Beech County Wetlands Protection Ordinance. b. A letter from South Florida Wat. Management District granting a permit exemption dated April 29, 1992. ThIs letter Indicates that the South Florida Water Management District win not be analyzing the surface water management system. 7 Ms.' Tambri He~ November 23, M94 Page 4 ..., c. A letter dated May 8, 1992 Issuing a permit for the culvertfng at Knuth Road from the Florida Department of environmental Regulation. d. -"A letter dated June 11, 1992 from the Lake Worth Drainage District approvtng the permit for the Knuth RoadIWoolbrlght Road Intersection and culv_ at 1M L-28 canal. e. A letter from the Lake Worth Drainage Dtatrlct dated April 14, 1993 Indicating final accept8nce and ftnaIll1Ip8CtIon of the Knuth Road CUN_ crossing. f. . A permit from the Palm B88Ch Cot.I1ty l.and Development Dlvlilon dated June .18, 1992 for Right-of-Way ConstructIon Indicating approval to connect Knuth Road Into 1M north right-of-way of Woolbright Road. -:..' g. Three (3) letters from the CIty consUt&nt. Gee & J8'1SOn, dated January 18, 1993, April 9, 1993 and May 4, 1993. 111-. Iettws ref.-wlCe City Commission approval for the ext8'l8lon of Knuth Road to the Tara Oaks church site and correspondence regarding construction plans that were prepared n submitted by Rossi & Malavasl to the City for approval. 5. Received approval for an excavation n fill permit by the CIty Commission on April 8, 1993 for the construction of Knuth Road (see attached minutes). 6. Cleared Knuth Road right-of-way plnU8l1t to a clesring and grubbing permit for $8,000.00. 7. Requested a mfnor amendment to the master plan to amend a condition 01 epproval regarding construction of Knuth Road from the Stonehaven P.U.D. on the north to Woolbright Road. ThIs request was made on Jw1e 15, 1992 and the petitioner paid a fee of $600.00 (see attached cash receipt). II. Knuth Road P .C.D. this project received annexation, futln land use amendment approval, from County Commercial High to Local RetaU, rezoning from County AR - Agrlculturaf Residential to City P.C.D. - Planned Commerclaf Development and an approval for a text amendment to the City Land Use Element pertaining to .' . 8 ~ Ms. Tambrt Heyden November 23, 1994 Page 5 . planW1g area 7, 7.J. As part of the rezoning and land use amendment approvaJ, this project was aJso the subject of an agreement with the Stonehaven P.U.D. Homeowner's Association. this document Is also attached for your reference. Since the tlnie extension granted by the City Comml88lon on June 1 a, 1992, the property owner .... done the following: 1. Received a master plan modification and site plan approval from the Boynton Beach City Commission on June 2, 1992. ThIs modification was to allow the replacem81t of a restaurant on a conw of thll p.e.D. to allow . convenience Ita... with gaallne MI.. 2. Obtained a minor amendment to the master plan to spilt the construction costs of the extension of Knuth Road from the StonIhavlf1 P.U,D, entry south to Woolbright Road. The applicant pllld S6OO.oo for the request of this modification. III. Boynton Beach Boulevard P.C.D. ThIs project received annexation approval/' rezoning approval from County AR . Agrtculhnl Residential to City P.C.D. . Planned Commercial Oevelopmn, a ComprehenslvelM1d UI8 Plan amendment from County Comm~1aI High to City Commerol8l Local Retail, and a text amendment to the City's Land Use 8ement deleting langl.Bge Indicating that this property should be placed In a High Resldentlallanc::t use category. this project also was the subject of an agreement with the residents of the Stonehaven P. U. D. which abut the property to the west Since the approval of the project, the applicant has done the following: 1. As part of the original approval, the property owner agreed to comply with a specific request from the Stonehaven P.U.D. Specifically, the removal of several large Australian Pines along the portion of the property which the neighbors considered to be a danger to adjacent property. Immedlateiy upon approval of this project, the property owrw contracted with Arbor Tree ServIces, Inc., who removed said trees. 2. ThII project also was the subject of a request for a minor master plan modification In an effort to spilt the construction costs of the proposed Knuth Road extension. As previously stated, the City Commission approved a request for minor master plan modification for this project on April 8, 1993 to allow all three (3) Planned Developments to split the Knuth Road link construction costs. &J Ms: Tambrt Hey""~ November 23, 1__ Page 8 3. Received approval for an excavation and fill permit' from the City Commission on November 18, 1993 (see attached leu.. dated November 23, 1993). ..." We have appreciated your working with us In the past. Recently, with the economy Improving, the applicant hu received significant I"... In the development of .. three parcel.. W....., th...... optlml.tto that with the prop... ext.,.,.... we can move ah_d In their developmlnt. In that regard, I 8m fol'WMtlnc"to you \.I1d.. .eparate cov.. · ..-queM to fin". the Impact f. credit .grMment tor the oonetruatJon of Knuth Road. PI_. tHl he to OOntlct m. If you have any qUlltlonl. ~,.~ 00: Bill Winchester Michael Schroed.. AKJKI)blheyden.n18 /0 E X H I BIT B "" .' II .., .." .. (II ~ i II r:a ... = ... i! I ; g. :! 'I $I JJ )> g " CIJ -0 C o z: -::..", . r ( b III . .... ~ . i . o HI ... 5 ~ / I I , I --- ."".\N ~ J ,:.... ,. . i . . I.~ :,'. .' . , . : '.' ~\ : I ... =.:+rri ...... . .r. TT l. .L~ ~-~ R~ ! " """'IT" =,.....,.- _/\ -'(.:} ~. .-,.-l..)" .. - IT , I I I"')" , 11J I I r - :;~~ =tri. ~ . 1 ~ ~ ::~ -l~ I-~ '1 " 1.J~~ .. 1""\1'- T T1'I' .. -~. - ~ : ..... -.II :In , .' . o I I '0 . . 1/8 I 400. 'SOO' ~OCA TION W-~~P . . TARA OAKS PUD 1/4 MILES' .,' -'. ~ 1600.FEET w ..., i~ II. DEVELOPMENT PLANS B.l cc: Plan, Dev, Util PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-102 Agenda Memorandum for March 21, 1995 City Commission Meeting TO: Carrie Parker City Manager ~ Tambri J. Heyden I / Planning and Zonin Director FROM: DATE: March 16, 1995 SUBJECT: Tara Oaks PUD - CNTE 94-005 & MPTE 94-003 Time Extension - master plan and concurrency exemption Please place the above-referenced request on the March 21, 1995 Ci ty Commission agenda under Development Plans, Non-consent agenda. DESCRIPTION: This is a request for approval of an eighteen (18) month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification, submitted by Kieran Kilday, agent for Bill Winchester, property owner of the Tara Oaks PUD located at the northeast corner of Knuth Road extended and Woolbright Road. The expired master plan depicts one hundred ninety-two (192) multi- family units, private recreation and a twenty thousand (20,000) square foot church. RECOMMENDATION: The Planning and Development Board, with a 6-1 vote, recommended denial of this request. The Board recommended tha t the zoning and land use of the subj ect property be re- evaluated as part of the 1996 Evaluation and Appraisal Report (E.A.R.) of the Comprehensive Plan. TJH/pb c:ccmtg321.tar ....... 6.A.l TARA OAKS pun TIME EXTENSION ~\ .." PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-094 TO: THRU: Chairman and Members Planning and Development Board Tambri'J. Heyden ~.~ Planning and Zoning Director Michael E. Haaql'"'{-' ~yA Zoning and sitet5veropment Administrator March 9, 1995 FROM: DATE: SUBJECT: Tara Oaks PUD - File No. CNTE 94-005 & MPTE 94-003 Time Extension (Amendment to Planning and Zoning Department Memorandum No. 95-037 At the request of the applicant, Kieran Kilday, the Planning and Development Board at their February 14, 1995 meeting postponed action on the request for a time extension for zoning/master plan approval and concurrency exemption for the above-referenced project. The applicant requested postponement due to incomplete traffic information and related unresolved issues. This memorandum serves to address these issues that could not be addressed in the original staff report, Planning and Zoning Department Memorandum No. 95-037. Based on recent Commission sentiment regarding approving multiple and retroactive time extension requests, staff has required, pursuant to the concurrency management ordinance, traffic information to be submitted with such requests. The purpose of the traffic information is to identify any repercussions associated with apprOVing a time extension with an exemption from current traffic reqUirements; the difference between traffic improvements that were required at the time of the original development order vs. improvements that would be required today. For example, the original traffic study did not include all roadway links reviewed under the existing Traffic Performance standard Ordinance. The Planning and Zoning Department has reviewed the March 6, 1995 letter from Mr. Kieran Kilday (see Exhibit "M"), agent for Mr. Bill Winchester, property owner, and the March 7, 1995 letter from Hr. Dan Weisberg (see Exhibit "BB"), Palm Beach County - Traffic Division. The unidentified previous petition mentioned in the Tara Oaks portion of Mr. Weisberg's letter refers to a previously vested approval that was granted for 77 single-family homes which equates to 770 daily trips. As stated in Mr. Weisberg'S letter the updated traffic study meets Traffic Performance standards (TPS) on all roadways. MEH:dim Attachments 5 ~a.'5Tz!x.~md/P&~ / ..... ..., E X H I BIT AA ... h 1,~-[6-'95 "[;/1 16:04 IO:I<ILu:iY & ASSOC. TEL m: 40'7-689-2592 j:t340 P0l MlIl'Oh 8, 1888 MI. Tambrt Hlyden. Planning Olrector City of Boynton Beach Planning & Zoning Department 100 Eut Boynton Beech Blvd. BoyntGn Beech, FL 33426 Re: Knuth Road p.e.D. 'and Boynton Beach P.C.D. Time ExtenliOI'll 0lI' proJeot No,: 799.18 Dear MI. Heyden. Thank you for meeting with Bill Winchester and myself fut WMk to dl~ '88 the Time Extenalona tor Boynton Beach P,C.D. and Knuth Road p.e.D. Aa of thl8 dats, , am aUg waltlng for verification from the County engln.... that pha8lng for each 01 the above projects would only occur after lhe U1pl gin_tea by eacn project exceeds 3.381 trips per day, This number Is the number that wall calculated by our trafftc engineer, Mr. Robert Rennebaum. In ...Ignlng the 1% that 18 allowed to utlllz. Gateway Boulevard and werking the trip. backwards to the site buec::t upon the .a.ignments contained In h original trafflo study. AI you are aware, Mr. Wlncneeter 18 concerned that tn,. project II being required to retroactively meet phasing requirements when there are many oth.. proJecta In the CIty o(Boynton 888Ch which have received 8XtanAlOnl without any phasing requirement, For that reaeon, wO are reqU8ltlng an agreern. with the City that either project b. .llowed to utilize aU or part of the e,722 tabIJ trip. that the Proteatl would be allowed bel)re the reqUIrement ot phUing. In other' woras, slnc. each project would be permitted to generate 3.381 trip. It mak.. .... that we be allowed to assign either all or part of the tripl to one project as It Is likely that on. project will mo". ahead quicker than the other project. One additlonalll$Ue which we dlacussecl at our meeting which we would like to ha". resolVed at trle time of the conllderatlon of the extenalon requeet Ie the fact that the Knuth Road P.C.D. has an approval on It's Master Plan including a "Nice station. While we are aware that the servlee statton cr1terla which wu adopted after this approval would not allow this use at this comer, our ability to proceed :/ ,(,./ "HR-u5-" 35 tell 16: (fj ID: I<ILDHY ,~ HSSOC. TEL t-IJ: 407-+..89-2592 ;1340 P02 'W .., Ma. Tambrt Heyd., MItCh e. 1_ Page 2 ulh1g our approved master plan I. vwy Important. In all probability, baed on some very raoent dllOulllonl with us.. of the Knuth Road FI.C.O.. we bell.... that the servIce statlo.n use will In fad be the first phase of the development of this oenter. Additionally. with the conltructlcn of the lervlceltatlon, we hop. to b. In a position to conatn.lct Knuth Road from Its current wrnlnua and .1Ou1hefiy to U.. canal crossing. (Tara Oaks P.U.D. will comlnue this conatnJetlon lOU1herty to Woolbrtaht Road.) At this time, we exp.rt the petition to be heard by the Planning Commlaalon on March 14, 1985. I w1U make myself available at any tlm. ahould you wllIh to dlscus& these mattet'8 tunher. I will continue to .. wrttten cordlrmatlon from the Col.lnty Engineer that me phasIng requlrwnem referenced In thIS len.,. In tact correct. KJeran J. Kilday KIlday & Aetooiat., lno. co: Mb Schroeder am Wlnaheeter /r E X H I BIT BB - --' r1AR-O"-1 'jg=:, OS<; 27 22222222222222222 Board of County Commission...., ~I!n L Fostil', Chait'man Burt Aaronson, Vic~ ChiUcman Karen T. Mcu'o:\\tl CiUol ^. Rohel'\5 WQrrcl\ H. Newell Mdl1' McCncty \1aude F')fa Lee ., 407 478 5770 P.02/03 County Administrator Robert Weisman Department of Engineering and Public Works March 7, 1595 Mr. Mike Haag Clty of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, fL 33425-0310 RE: BOYNTON BEACH BOULEVARD p.e.D. KNUTH ROAD p.e.D. TARA OAKS P.U.O. Dear Mr. Haag; The P~lm Bea.:h County Traff1c 01v1s1on has traff1c reviewed the three traffic anaiyses prepared by Simmons & White for these three proposed developments. The three studies are updates to the K. S. Rogers traff1c studies prepared in 1990. They use the trip generation and trip distr1bution from the K. S. Rogen studies and update the existing traffic volumes (1994) and the future traffic (1997) volumes. These traffic studies do not address traffic on Gateway Boulevard for the triO P.C.D.s, as wnuld be required by the eXist1ng Traffic Performance Standards (TPS). A letter received yesterday from Simmons & Whlte prov1des some of the requested additional information for Gateway Boulevard. ~on Beach Boulevard P.C.DL The Updlillild Lr'iirric study address!! 120,000 square fect of general retall. The traffi: study states that the it address 110,375 square feet of general reta11 and outparcels consisting of a 5,625 square foot bank with drive-through and a 4.000 square foot high-turnover restaurant. The Qutparcels are high traff1c generators and the traffic study does not properly address the outparcel uses. The 120.000 square feet of retail will generate 4,818 net daily trips with a build..cut of 1997. The study shows that the project will meet the requirements of TPS on all roadways except Gateway Boulevard. Gateway Boulevard restricts the d~vp.lopment to 75.7QO square feet of general retail (3,361 daily trips) until it ;~ widened to six-lanes in FY 96/97. ~nuth Road P.C.D. The updatQd tr3ffic study addresses a 120.000 square foot shopping center which includes 110,375 square feet of general retail and outparcels consisting a 4,500 square fo~t bank with drive-through and ser~ice station with a 2,000 square foot convQ~i~ncQ store and a car wash. The project will generate 6,221 net daily trips with a build-out of 1997. The study shows that the project will meet the ~Qquil.~ments of TPS on all roadways except Gateway Boulevard. Gateway Boulevard "An Equal Oppmh"'.ly , Affirn1:1:iv.. Actilln r:mpll)r~r" .c.~ '6;1 F,,,,,,,.1fI ~" roc'Tc-'H ~~"'1Jr 130x 21229 West Palrn Be;o,h, Florida 33-l16.12:!9 (44171 684-40UO () ~11:'P-07 -199:; 09: 27 22222222222222222 407 478 5770 P.J3/t2l3 March 7, 1995 Mr. M.j ke Hug BOYNTON BEACH BOULEVARD P.C.O. KNUTH ROAD P.C.D. TARA OAKS P.U.D. page two restr1cts the development to 75,700 square feet of general reta1l (3,3el da1ly trIps) unt11 1t is widened to six-lanes in FY 96/97. Tara Oaks P.U.D. The updated traff1c study discusses a project cons1sting of 19Z mUlt1-faml1y dWelling units and a 20,000 square foot church. This project would generate 1,49B daily trips. The study mentions an unidentified previous pet1t1on which accounts for 770 of the projects daily trips. Like the K. S. Rogers study, the updated study does not addt'ess these trips. Rathert it addresses 728 daily trips from an undefined project. The updated' stUdY shows that this undefined project meets TPS on all roadways. based on a build-out of 1997. In your letter dated January 20, 1995. your requested verification that the roadway improvements listed in the Simmons a White reports are still applicable. There is no information in these reports that allows me to verify the need for those roadway improvements. I a~ sorry for the delay in resQondin9 to your request. The form of the updated traffic studies and missing informatlon did not allow a timely review. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely. / OFFICE OF THE COUNTY ENGINEER ~:J1,~ Dan Weisberg, P.E. Senior Registered Civil Engineer ce. Rob Rennebaum, P.E.. Simmons & White FilQ: TPS - Mun. - Traffic Study Review h:\traffic\dlw\boyn37 TOTAL P.03 ~- ., I .., .. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-037 TO: Chairman and Members Planning and Development Board THRU : Tambri J. Heyden Planning and Zoning Director FROM: Michael E. Haag Zoning and Site Development Administrator DATE: February 9, 1995 SUBJECT: Tara Oaks PUD - File No. CNTE 94-005 & MPTE 95-003 Time Extension (zoning/master plan approval and concurrency exemption) NATURE OF REOUEST Kieran Kilday of Kilday & Associates, agent for Bill Winchester, property owner, is requesting an indefinite time extension for Planned Unit Development (PUD) zoning/master plan approval and concurrency exemption/certification for the Tara Oaks PUD (see Exhibit "A" - letter of request). The Planned Unit Development consists of 192 multi-family units, private recreation and a 20,000 square foot church (see Exhibit "B" - approved master plan). The PUD is to be located at the northeast corner of Knuth Road extended and Woolbright Road. BACKGROUND On June 21, 1988, the City Commission approved a master plan and rezoning of the Tara oaks PUD property from R1AAA (Single Family Residential) to PUD with a land use intensity (LUI) of 4.00 for 78 single family, detached units. On December 18, 1990, after review by the Department of Community of Affairs (DCA) and despite objections, the City Commission approved ordinances for a land use element amendment that changed the land use classification of the property from Low Density Residential to Medium Density Residential and rezoning of the property from PUD (LUI:4) to PUD (LUI:5) with a master plan for 192 multi-family units, private recreation and a 20,000 square foot church. The adopted comprehensive plan amendment was transmitted to DCA on December 19, 1990, along with responses to DCA's objections. In February 1991, the DCA issued a notice of intent to find the comprehensive plan amendment in compliance. These applications were submitted under Palm Beach County's current traffic performance standards ordinance, however prior to the effective date of the city's concurrency management ordinance. Therefore, concurrency certificabion for traffic and concurrency exemption for drainage amd neighborhood parks were granted with the 1990 approval. On June 2, 1992, the City Commission approved a request to allow construction of the south portion (adjacent to the church parcel) of Knuth Road, prior to preliminary plat approval of the property. The reason for submitting the request was to ensure the Church of Jesus Christ of Latter Day Saints' purchase of the church parcel within the PUD, which took place on June 26, 1992. On June 16, 1992, the City Commission granted a one (1) year time extension that extended the project's June 18, 1992 expiration date to June 17, 1993. No application for extensions was made since the June 1993 expiration, until the subject extension which was filed in November 1994; a period of one year and five months. This is the need for a retroactive extension. I Page 2 Planning and Development Board Memo No. 95-037 Time Extension for Tara Oaks PUD February 9, 1995 On April 8, 1993, the city Commission approved a master plan modification for the Tara Oaks PUD to amend the condition of approval which required the construction of Knuth Road to be tied entirely to the Tara Oaks PUD. The approval of the master plan modification allowed the construction responsibility for Knuth Road to be shared by the Knuth Road PCD. ANALYSIS Several sections of the code of ordinances govern these types of extensions. Regarding expiration of the concurrency exemption for the project, Section 19-92 (e) of Chapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate or exemption". It furthers states that "time extensions may be granted for any length of time which does not exceed one year". Historically, retroactive extensions combined with a "current" extension that equate to more than one year, have been granted under certain circumstances. Regarding the projects's pr~vious exemption to the current drainage and neighborhood parks levels of service, the project meets the current drainage and neighborhood parks requirements. As previously stated, the 1990 approval was reviewed against the current traffic levels of service. Therefore, traffic certification was received at the time of the approval. With the subject request, a traffic study was submitted to identify any changes in the 1990 certification. The Palm Beach County traffic division is coordinating the receipt of additional information to make this determination and indicated that they would try to have a response to the City by the Planning and Development Board meeting. The other section applicable to this request is Section 9.C.13 of Appendix A - Zoning, wherein it states that the city Commission shall review any rezoning approval to a planned zoning district (PUD, PID or PCD) that has expired and take action in accordance with paragraphs a. and b. below: "a. The city commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in the manner specified above does not occur by the end of said time extension, the city commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The city commission may'instruct the city manager to file an application to a more restrictive zoning district and/or future land use category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land use map use category." Consistent with Section 9.C.13 of Appendix A - Zoning, the Planning and Zoning Department is forwarding the request for review and direction regarding the status of the approval. If the approval is not retroactively extended, the City Commission may wish to instruct staff to file a rezoning and/or land use amendment application to a more restrictive zoning category. If the approval is retroactively extended, the City Commission should speCify whether the approva~ is extended indefinitely or for a set period of time. 2 ..... ~ Page 3 Planning and Development Board Memo No. 95-037 Time Extension for Tara oaks PUD February 9, 1995 One of the original DCA objections with the increase in intensity/density of the residential land use was based on staff's determination that the change in residential land use was contrary to the established land use pattern (surrounding Low Density, Moderate Density and Low Residential 3 land uses) and that the applicant had not demonstrated where the increase in water and sewer capacity was available elsewhere in the water and sewer service area. Since the preparation in 1989 of the Potable Water Sub-element of the Comprehensive Plan, water capacity has increased. The city is required to submit its EAR (Evaluation and Appraisal Report) of the comprehensive plan by August of next year. As part of the EAR, staff will reevaluate the appropriateness of the land use of the property, if development has not commenced. -:: The applicant is stating that the time extension is warranted based on various improvements that have been made to initiate construction of the project. As part of the construction of Knuth Road, the Knuth Road culvert crossing over the L.W.D.D. L-26 Canal is in place, however it has not been verified to the Engineering Division that the work was certified. A clearing and grubbing permi t for the Knuth Road right-of-way was issued on March 24, 1993, which has not been determined whether a final inspection was received. On April 8, 1993, the City Commission approved an excavation and fill permit for the construction of Knuth Road and an excavation final inspection was received on January 21, 1994. The applicant has also prepared plans for the construction of the south portion of Knuth Road, adjacent to the church parcel, that were last submitted in May of 1993. However, construction could not be approved by the City until certain May 4th, 1993 comments were addressed. This has not yet occurred. RECOMMENDATION For the above reasons, on January 10, 1995 and January 24, 1995, the Technical Review Committee reviewed the request and recommended that a time extension be granted, subject to all previous comments and conditions of rezoning and master plan modification approval. However, rather than granting an extension for an indefinite period of time, staff is recommending that the extension expire on June 18, 1996. The extension, if approved as recommended by staff, would equate to a retroactive extension from June 18, 1993 to February 21, 1995 (one year and nine months) and an additional extension from February 21, 1995 to June 18, 1996 (one year and four months). .' MEH:dim attachments xc: Central File a,OakaT1..Ext 3 E X H I BIT A ~~ . ' 4 .:!W. Klld8Y & Auoclet.. Landscape Archltectsl Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 14071 689-5522 · Fax: (407) 689-2592 .. November 23, 1994 Ms. Tambrf Heyden, Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Request for TIme Extensions PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75) Knuth P.C.D. (Ordinance 90-70) Boynton Beach Boulevard P.C.D. (Ordinance 90-73) Dear Ms. Heyden, This letter will serve as a formal request to have the City Commission of Boynton Beach review the status of the above three (3) Planned Developments and to grant further time extensions for their commencement of development. I have reviewed your Zoning Code In an effort to determine the proper procedure for extending these project approvals. It appears that the only process available at this time Is contained In Section 9, Article 13, Time limitation for Develocment of Pro.certv. In fact, this section was the basis for a similar review of the Capitol Professional Center PCD (located at the southeast comer of Knuth Road and Old Boynton Road). In that case, the Commission, after determining that the existing Planned Commercial Development zoning was the most appropriate zoning for the property. granted an indefinite time extension. I have attached the staff report and time extension letter for your review. All three (3) of the above referenced Planned Developments were approved on December 18, 1990. Since that time, while there has been some activity concerning each of the projectS, there has not been formal final development plan approval and/or construction. The original eighteen (18) month time limit of the approvals would have expired on June 18, 1992. However, on June 16, 1992, the City Commission approved our request to extend the expiration dates of the three (3) planned developments for one (1) year until June 17. 1993 (see attached letter from Chris Cutro dated June 29, 1992). No action or review has taken place since that time. Due to the down swing in the economy, the property owners have been unable to successfully commence development which, in this case, is recording of a plat of record for the first phase of development. However, the property owners have worked continuously on all three projects since the last extension in an effort to commence development. .' n\lJ~rn ~ 5 Ms. Tambri Heyden November 23, 1994 Page 2 Since the expiration of the time extension on June 18, 1993, the properties have been In a sort of limbo. If you recall, the two commercial properties were annexed Into the City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned Commercial Development Zoning District Is the only zoning district that has ever been assigned to them within the City of Boynton Beach. With regard to the Tara Oaks property, the project was already an existing Planned Unit Development when It was modified to Its current master plan status. Therefore, as.umlng that the Planned Development approvals have expired for all three projects, I have no Idea what the actual underlying zoning would be. I believe that Is why the provisions of Section 9, Article 13 were provided In the Code. As In the case of the Capitol Professional Center PCD, the projects clearly need to be revisIted by the CIty Commission to determine whether the existing zoning Is the most appropriate zoning and, assuming that It Is, formal action should be taken regarding the extension of these approvals. Needless to say, my clients are actively seeking extensions of these approvals. Despite the economic problems which prevented these projects from moving to the next step In the development process, there has been activities undertaken throughout the entire ~~ timeframe of the approvals to ready these projects for development. For the purpose of your analysis regarding the status of these projects, I have prepared a summary of activities for each project below. Additionally, I will be calling your office to set up a meeting to review these projects with you and I will be prepared to be present at the time of their consideration by the City Commission. At this time, I am not aware of any formal application procedure. However, if there is an application document, we will be ready to submit it to you promptly. I. Tara Oaks' Planned Unit Development. This project received a rezoning approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0 to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This project also received a land use amendment approval from Low Density Residential to Medium Density Residential. Both of these ordinances were passed on final reading by the City Commission on December 18, 1990. As part of the rezoning and land use approval, the applicant entered into an agreement with the Stonehaven Homeowner's Association which required the applicant to commit to numerous conditions of approval including providing a buffer wall on the project's north property line along with a twenty-five foot wide landscape buffer and a 40' setback for all buildings from the north property line of Tara Oaks P.U.D. (copy attached.) This agreement is still active and binding. Since the approval of the project the applicant has done the following: 1. Pursuant to the approved master plan, the south portion of the property was designated for utilization by a church. In fact, this property was sold (, .., Ms. Tambri Heyden November 23, 1994 Page 3 ..., to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see attached warranty deed). Therefore, the Planned Unit Development now has two separate owners, the applicant and the church. 2. In order to develop this first phase for the church parcel, the applicant requested an approval for road Improvements for the Tara Oaks P.U.D. This request was made by Rick Rossi of Rossi a Malavasl Engineers, Inc. to con.truet a portion of Knuth Road at the south end ot the Tara Oaks P.U.D. to accommodate the pending purchase of the church parcel. Subsequently, on June 2, 1992 the City Commission granted approval of the partial Knuth Road Improvements required by the Tara Oaks P.U.D. (see attached letter dated June 12, 1992 from Chris Cutro). Also attached is a letter from the Boynton City Engineer dated June 19, 1992 Indicating what additional work was required to obtain a land development permit for the road construction. The applicant expended over $4,000.00 In conjunction with obtaining approval of these preliminary plans. Additionally, the applicant has obtained the previous construction plans ~." from the previous owner which will be modified In order to obtain final permits. (It should also be noted that over $100,000.00 has been set aside in an escrow account to guarantee construction of this portion of Knuth Road at such time as the church Is ready to pull building permits for the development of the site.) 3. The applicant has complied with the zoning condition of approval to dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Road pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated June 26, 1992). 4. The applicant has expended over $28,000.00 for the construction of the canal crossing at the intersection of Woolbright Road and Knuth Road. Attached is correspondence concerning the canal crossing Including: a. A letter dated April 24, 1992 from the Department of Environmental Resource Management Indicating that no permit would be required pursuant to the Palm Beach County Wetlands Protection Ordinance. b. A letter from South Florida Water Management District granting a permit exemption dated April 29, 1992. This letter indicates that the South Florida Water Management District will not be analyzing the surface water management system. .' 7 Ms.' Tambri Heyden November 23, 1994 Page 4 c. A letter dated May 8, 1992 Issuing a permit for the culverting of Knuth Road from the Florida Department of Environmental Regulation. d. A letter dated June 11, 1992 from the Lake Worth Drainage District approving the permit for the Knuth Road/Woolbright Road Intersection and culvert at the L-28 canal. e. A letter from the Lake Worth Drainage District dated April 14, 1993 Indicating final acceptance and final Inspection of the Knuth Road culvert crossing. f. A permit from the Palm Beach County Land Development Division dated June 18, 1992 for Right-of-Way Construction Indicating approval to connect Knuth Road Into the north right-of-way of Woolbright Road. -:.. ~ g. Three (3) letters from the City consultant, Gee & Jenson, dated January 18, 1993, April 9, 1993 and May 4, 1993. These letters reference City Commission approval for the extension of Knuth Road to the Tara Oaks church site and correspondence regarding construction plans that were prepared and submitted by Rossi & Malavasi to the City for approval. 5. ReCeived approval for an excavation and fill permit by the City Commission on April 8, 1993 for the construction of Knuth Road (see attached minutes). 6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing permit for $6,000.00. 7. Requested a minor amendment to the master plan to amend a condition of approval regarding construction of Knuth Road from the Stonehaven P.U.D. on the north to Woolbright Road. This request was made on June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash receipt). II. Knuth Road P .C.D. This project received annexation, future land use amendment approval, from County Commercial High to Local Retail, rezoning from County AR - Agricultural Residential to City P.C.D. - Planned Commercial Development and an approval for a text amendment to the City Land Use Element pertaining to . 8 .. Ms. Tambri Heyden November 23, 1994 Page 5 planning area 7. 7.J. As part of the rezoning and land USe amendment approval, this project was also the subject of an agreement with the Stonehaven P,U.D. Homeowner's Association. This document is also attached for your reference. Since the time extension granted by the City CommIssion on June 16. 1992, the property owner has done the following: ., 1. Received a master plan modification and site plan approval from the Boynton Beach City Commission on June 2. 1992. this modification was to allow the replacement of a restaurant on 8 comer of thla P.C.D. to allow a oonvenleno. ator. with guolln. a"." 2. Obtained a minor amendment to the master plan to split the construction costs of the extension of Knuth Road from the Stonehaven P.U.D. entry south to Woolbright Road, The applicant paid $600.00 for the request of this modification. III. Boynton Beach Boulevard P.C.D. This project received annexation approval,"'" rezoning approval from County AR - Agricultural Residential to City P.C.D. _ Planned Commercial Development, a Comprehensive Land Use Plan amendment from County Commercial High to City Commercial Local Retai', and a text amendment to the City's Land Use Element deleting language Indicating that this property should be placed in a High Residential land use category. This project also was the subject of an agreement with the residents of the Stonehaven P.U.D. which abut the property to the west. Since the approval of the project, the applicant has done the following: 1. As part of the original approval, the property owner agreed to comply with a specific request from the Stonehaven P.U.D. Specifically. the removal of several large Australian Pines along the portion of the property which the neighbors considered to be a danger to adjacent property. Immediately upon approval of this project, the property owner contracted with Arbor Tree Services, Inc., who removed said trees. 2. This project also was the subject of a request for a minor master plan modification in an effort to split the construction costs of the proposed Knuth Road extension. As previously stated, the City Commission approved a request for minor master plan modification for this project on April 8, 1993 to allow all three (3) Planned Developments to split the Knuth Road link construction costs. q Ms: Tambri Heyden November 23, 1994 Page 6 3. Received approval for an excavation and fill permit' from the City Commission on November 16, 1993 (see attached letter dated November 23, 1993). We have appreciated your working with us In the past. Recently, with the economy improving, the applicant has received significant Interest in the development of all three parcels. We are, therefore, optlmlltlc that with the proper extenllonl, we can move ah.ad In their development. In that regard, I am forwarding to you under 'Iparate cover . reque.t to finalize the Impact fee credit agreement for the oonetnJotIon of Knuth Road, Pl.... t.., fr.. to contact m. If you have any qUI.tlona. -: cc: Bill Winchester Michael Schroeder AKJK/jb/heyden.n16 .' /0 .""" ... E X H I BIT B .' II .. 0 fn C IT III 0 .... I:' .... CD ~ bS .... III Po <: IQ CD lD I:' ; Itf a )J ::IJ )> ~ ^ en -0 C o z: . II ; I I.. . ~ la f. ; ~ . &. n .... 'I Jg 'I In ~ , " ,. .-.:---- J 'I . , , II .. J r LWDD L-26 Canal - W~olbrigh~ Road' 1;1.. ~ It t4 ~ CD III o HI ~ ~ III Itf t3 ...... T. Hn.,l\l, 1}J' Jwf. "~~ .A~ .... '. .' ,... ..,.. .,... .,l' ..:: .:~'~t'''': ::~:':-::,';'~,.: I 1 I ::.I:;;'~'~,~i~,~~ :.p: , . . " . i' .': ' ,". C _h... :~, T~: 6 .' . , '.' .:' ., l' ~... ~ ,'*.i ~~..l~. 9 . , '..: .::..... ::;"";,, ~.\.~:..j.~:~~.:.'..,('it.':.~~'~ :'.'- - r '11 T ':- ~'CJ' !1: c~.t :,';.. "il~' '.9:" I- :. ..~'. .~..T.f,; .' . ...... I l. .... ,., .~.. .'t, -,- . .:....;'.. 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