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AGENDA DOCUMENTS G/\. /' (/7" \./. I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office 0 April 5,2005 March 14, 2005 (Noon.) 181 June 7, 2005 May 16,2005 (Noon) 0 April 19,2005 April4,2oo5 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 181 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the June 7, 2005 City ConnnissionAgenda under Legal, Ordinance - Second Reading. On February 1, 2005, the City Connnission approved this item (including First Reading of the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). The corresponding item has been returned from the DCA so all items are now ready for final ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum. No.PZ 05-022. EXPLANATION: PROmer: AGENT: OWNER: LOCATION: DESCRIPTION: Knollwood Groves (REZN 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to rezone from Agricultural (AG) to Planned United Development (PUD). Proposed use: Single-family residential community. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DevelOP~ City Manager', Signature Z;;;;~L ~ City _y I Finance IHumsn Resources S.~WPlPR~ """"" PUDlWAROS-OOl\Apodo _...""'__ """"" WARO...,! """" ""'....... 6-7.oS.dot S:\Bl1IlEIlN\FoRMS\AGBNDA ITBM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 05-022 Chair and Members Planning and Development Board and Mayor a~~mission Dick Huds9(,"~cp Senior Planner Michael W. Rumpf Director of Planning and Zoning January 12, 2005 Knollwood Groves PUD/LUAR 05-001 Amend the future land use designation from Agriculture (A) to Low Density Residential and rezone from AG Agricultural to PUD Planned Unit Development Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: PROJECT DESCRIPTION Knollwood Groves, Inc. DRHI, Inc./Julian Bryan & Associates, Inc. Southwest corner of the intersection of Lawrence Road and the LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road) (Exhibit "AI() :t30.683 acres Agriculture (A) AG Agricultural Low Density Residential (LDR) PUD Planned Unit Development 145 Single-family homes North: Right-of~way of the LWDD L-20 Canal then single family residential development (Manor Forest) designated Low Density Page 2 File Number: LUAR 05-001 Knollwood Groves PUD Residential and zoned PUD Planned Unit Development South: To the southeast, developed single family residential (Nautica) designated Low Density Residential and zoned PUD Planned Unit Development. To the southwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential East: Right-of-way of Lawrence Road then single family residential development (Citrus Glen) designated Low Density Residential and zoned PUD Planned Unit Development West: To the northwest, vacant land in unincorporated Palm Beach County designated MR-5 Single Family Residential (5 du/ac) and zoned AR-Agricultural Residential. To the southwest, single family residential development (Sunset Cay) also located in unincorporated Palm Beach County, designated RTU Residential Transitional Urban district. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 2. The requested land use and zoning are consistent with surrounding development; however, 3. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be worked out with the County; therefore, 4. Staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, will address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for an adjacent isolated parcel to the southwest, lying in the unincorporated area. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :1:30.683 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) Page 3 File Number: LUAR 05-001 Knollwood Groves PUD determine not to adopt the amendment and Inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 1 for calendar year 2005. Master Plan Requirements The regulations for the Planned Unit Development zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to PUD. The Master Plan accompanying the application is preliminary only. There are several issues to be resolved before a final Master Plan can be approved, which will occur prior to final adoption of the land use amendment and rezoning. The primary issues involve with Palm Beach County's requirement for right-of-way dedication for the continuation of Miner Road westward to Military Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range Transportation Improvement Plan calls for a right-oF-way of 110 feet along the north boundary of the property, while the Master Plan shows a dedication of only 80 Feet. The requested dedication would not align with the improved portion of the roadway. Both the proposed right- of-way width and alignment are under discussion with the County. These issues must be settled prior to submittal of the revised Master Plan. Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer separates the residential lots from Minor Road and la-foot landscape buffer easements are provided on the other three sides of the development. A lake/water management tract of 5.37 acres is located along Lawrence Road, and a O.69-acre recreation area is centered on the entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide circulation through the development. Individual lots are not shown but are noted as having a typical size of 45 feet by 107 feet. The preliminary master plan included with the application, meets only the minimum criteria for submittal, and will be revised and reviewed again prior to adoption for details such as setbacks, preliminary drainage plans and specific consistency with adjacent planned developments. Staff has identified a potentially landlocked parcel in the unincorporated area abutting the subject property to the southwest. The County is requesting that the proposed development provide a 50-foot access easement and utility connections to the landlocked parcel. These provisions should be a condition of zoning approval. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City~ risk Page 4 File Number: LUAR 05-001 Knollwood Groves PUD manager. The planning department shall also recommend limitations or requirements~ which would have to be imposed on subsequent development of the proper1}j in order to comply with policies contained in the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: ''Policy 1.17. 5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods~ by preventing conversions to higher densities~ except when consistent with adjacent land use~ or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. Policy 1.19.1 "flJe City shall continue efforts to encourage a full range of housing choice~ by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use E/ements/' The subject property is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan; however, the proposed development is similar in density and type of development to the developments surrounding it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site, offsets the recent trend in the City to develop multi-family projects and townhouses, thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern~ or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent developments surrounding the site. c. Whether changed or changing conditions make the proposed rezoning desirable. It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as somewhat of an institution; however, the costs of agricultural production and the fluctuating market conditions, have taken their toll on small grove operations throughout the state. The proposed land use amendment and rezoning are the minimum changes to the property, and are consistent with surrounding land uses and zonings, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems~ roadways, and other public facilities. Page 5 File Number: LUAR 05-001 Knollwood Groves PUD Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 72,600 gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per- household and 145 houses in the development. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. Traffic analysis prepared by the applicant's consultants, shows that the proposed land use designation is consistent with the Transportation Element of the Palm Beach County Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections to the proposed change in land use. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. With the requested land use amendment, the property becomes more compatible with adjacent properties but would probably have a value-neutral effect on adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently in use as an agribusiness and has been for many years. It could continue as such, and the site could also be developed with one accessory residence. The pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be economically feasible for the property to continue under this use. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The size of the subject parcel will afford a development similar in nature to surrounding residential development and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. This is one of the last parcels of such size left in the city that could be developed for single family detached residences. Only one other parcel of similar size, the property surrounding the High Ridge Country Club, is designated for low density residential development. Page 6 File Number: LUAR 05-001 Knollwood Groves PUD CONCLUSIONS! RECOMMENDATION$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by the City at present; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. While the proposed Master Plan meets the minimum requirements of the code, there are several issues that must be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-Of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest, lying in the unincorporated area. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B", AlTACHMENTS S:\Plannlng\SHAREO\WP\PROJECTS\KnoUwood Groves PUO\LUAR OS-QOl\SfAFF REPORT Knollwood PUO.doc 79TH OTH / >= ~ ".~ ~~~I R1\'i ~ ~.JHER ! ~/' ll1./~ \::r= 1-1- ~ g ~ E Exhibit A Knollwood Groves PUD LUAR 05-001 I' }ill-lY J= t= t= ~IE /\/ ~ ~ ~ )).: _ IH _ h )- I I f\ nil ~ , I vr t;::= COL f-.. I" lfl ~ ~:IJ!~ ~ ~a f-.. f:::: Wfi'dit .Iff. ~^,I ~M~' ::; 8 f:- III eU Eo v ~~-:::JI=: "'" Tl -? 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I aUN TOP aUN TREE aUH I------- '" I II \ I I" I IT -:::( 1= II ~ T11 II I I I lID"" I ! 4 o N A 1, 1 00 Feet Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 applicant had agreed to Medium Density Residential as opposed to the High Density Residential shown in the Item's title on the agenda. The applicant reconfirmed this. City Attorney Cheraf read Proposed Ordinance No. 05-009 by title only. Commissioner Ensler asked how many units were allowed per acre for Medium Density. Ms. Matras responded that it was 9.68 dujacre. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-009 (LUAR 05- 002). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 3-2, Vice Mayor McCray and Commissioner Ensler dissenting. B-2 High Ridge/New Urban Communities Request to rezone from Single-family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 05-010) Mayor Taylor announced the first reading of Proposed Ordinance No. 05-010. City Attorney Cherof read Proposed Ordinance No. 05-010 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion passed 4-1, Vice Mayor McCray dissenting. THE MEETING RECESSED AT 9:08 P.M. AND RESUMED AT 9:18 P.M. c. Project: Agent: Owner: Location: Description: Knollwood Groves (LUAR 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to amend :f:30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) (JST READrNG OF PROPOSED ORDrNANCE NO. 05-011); and 27 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Request to rezone from ~rlcultural (AG) to Planned Unit Development (PUD) (1 READING OF PROPOSED ORDINANCE NO. 05-012) Proposed use: community Single-family Residential City Attorney Cherof swore in the persons who would be speaking on this item and requested that the residents try not to repeat what others had said, if possible. Mayor Taylor suggested that the discussion cover Proposed Ordinances No. 05-011 and 05-012 concurrently, and the applicant did not object. Dick Hudson, Senior Planner, stated that the request was consistent with the intent of the Comprehensive Plan, would not create additional impacts on infrastructure that could not be accommodated by the City at present, would be compatible with adjacent land uses, and would contribute to the overall economic development of the City. While the proposed Master Plan met the minimum requirements of the Code, there were several issues that had to be resolved with the County; therefore, staff would require that a final Master Plan, to be approved prior to final adoption of the rezoning, must address the issues of right-of-way width for the continuation of Miner Road and the provision of access and utility connections for the parcel to the southwest. The Planning & Development Board recommended at its January 25, 2005 meeting that this request be denied, until a complete master plan could be submitted. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, appeared on behalf of D. R. Horton, an organization that had completed five other projects in the City. Mr. Weiner felt that Staff's Report had covered all the salient points and proved the case for the developer. He reviewed each of the eight criteria that had to be met in the staff report. After the Planning & Development Board meeting, D.R. Horton went back to the drawing board to address some of the concerns of the residents. Most importantly, Mr. Bryan would be displaying the "filled-in" master plan. An aerial photograph was displayed, which showed that the zoning on each side of this project was 5 dujacre and this project was less than that. Mr. Weiner referred to the concerns of the community, as expressed at the Planning & Development Board meeting. He assured those who were present that this action was merely for a transmittal to the Department of Community Affairs. If the residents had 28 Meeting Minutes City Commission Boynton Beach, Florida FebrualY 1, 2004 more questions, there would be another opportunity to air them and try to resolve them. The issue of Miner Road and the UO-foot right-of-way was discussed. Mr. Weiner believed that the developer and the residents should join forces to ask the County why it wanted to maintain an 110 foot long right-of-way on a road that was not going to be an east-west collector. If it went to Military Trail, it would be at an odd angle and would create other problems. He had spoken to County Commissioner Warren Newell's office about this and Commissioner Newell was aware that this was a community issue. The issue of this project changing the rural character of the area was discussed. Mr. Weiner indicated that the developer would be required to meet all applicable standards with regard to the survey of the remaining trees, regulations concerning the cutting and placement of trees, and the use and re-use of the indigenous species. This project would bring expansive lakes for drainage purposes, and some views and vistas that would be good for the residents of the project and the neighbors to the north. Therefore, they did not feel they were impacting the rural nature of the community and believed that they would be a better neighbor than a nursery or an agricultural use. Julian Bryan of Julian Bryan &. Associates, Inc., represented the applicant and displayed the master plan for the project. He commented that this project exemplified the lowest density of any project in the City, 4.84 du/acre maximum. This plan was proposed for about 140 units, which would be approXimately 4.50 du/acre. Over the next couple of months, the site plan and engineering plan would be developed and the lot sizes and locations would be identified. Dick Hudson commented that the five-acre landlocked parcel had been addressed in the Staff Report, which set forth a requirement that the developer provide access to this and sub outs for utilities, and they had taken care of that. Staff recommended approval. Vice Mayor McCray asked if the fruit trees that he referred to as having canker had been tagged by the Agriculture Department. Mr. Weiner did not know, but said Mr. Goldesitch, the developer's environmental consultant, had tagged them. Jim Goldesitch, President of Goldesitch & Associates, a biological consulting firm, said his firm had done the environmental assessment on the proposed site. Vice Mayor McCray asked if the Agriculture Department had been notified about the canker situation at Knollwood Groves. Mr. Goldesitch responded that the developer had not notified the Agriculture Department. Mayor Taylor opened the Public Hearing. 29 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Sergio Casaine, 13 Meadows Park Lane, Boynton Beach, a member of the Planning & Development Board, stated that the Initial proposal had been voted down at the Planning & Development Board since no master plan was available. They had also received a clear message from the developer that no master plan was ready because staff insisted that Miner Road be included in the master plan. That had now been explained. There was some feeling on the Board, also, that the serious concerns of the community required respectful consideration and address. He felt that the Commission needed to consider the needs of the citizens, along with the requirements of the various codes. The reason Mr. Casalne had changed his mind and now supported the project, was that he had learned that the developer had taken the homeowners' concerns very seriously and that they were not interested in including Miner Road as part of the project. Mr. Casaine felt that it was important for the City to consider the traffic situation citywide. Richard Nevitt, 7964 Old Military Trail, commented that his neighborhood to the north of the proposed project was a wonderful place to live, with kids, dogs, and horses. There were three horse farms, a dog-training farm, a tree farm, and a lot of properties where it was possible to literally play in the streets. If Miner Road were built through the grove and then through his yard, it would seriously impact the quality of life in the area, possibly tripling the number of cars on the road. If the road were not continued, they would be happy with this project as a neighbor. Mayor Taylor commented that Miner Road could go through regardless of what was now there and this development did not make Miner Road either go away or get built. For the record, Mr. Nevitt wanted it known that they objected to the rezoning, if it involved this road. Mayor Taylor reiterated that either way, that road was not part of this parcel. The City could put a park there and the County could still run the road through it. Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beachl lives in the development just north of Knollwood Groves. She asked the City to preserve this land and possibly make it into a park. She felt that they could accept the removal of the orange trees if necessary; however, they wanted the City to consider the wildlife on the property, much of which was protected by Federal regulations. She commented on the number of buses that come to Knollwood Groves for educational purposes. It was sad to see this lost to their children. Knollwood Groves sells organic food that they grow on their property, much of it pesticide free. She asked the Commissioners to take a tour through Knollwood Groves. With the two local schools already overcrowded, this plan did not make sense. She asked the City to save some green space and reconsider the rezoning. 30 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Matthew Maxwell, 7939 Manor Forest Boulevard, mentioned the untouched, natural hammocks on this property that were some of the few remaining hammocks in south Florida. He pointed out that Knollwood Groves had been an institution and a tourist attraction in the area for over 70 years. Losing it would impact the tourism industry and what those tourists bring to the City. He believed that the City, the County, or the State should purchase this property and make a preserve of it. Roger Williams, 4540 White Feather Trail, lives on two acres on the property to the west of the proposed project. He asked the Commission to help the residents make their case to the County about not developing the Miner Road extension. Donna Hawkins, 7895 Manor Forest Boulevard, resides in the Lawrence Oaks Subdivision near the proposed project. Ms. Hawkins spoke of the Knollwood Grove area as a natural wildlife habitat. She was able to sit on her porch and view endangered species from her back yard. This area was part of the ecosystem of the State of Florida. If it had canker, then get rid of the orange trees but not the 1,000 year-old water oak tree, the 75 year-old gumbo limbo trees, five acres of jungle hammocks. The Audubon Society did a survey in Knollwood Groves in December of 2004 and found 23 endangered species of birds in residence on this property. If the property is going to be destroyed, some rules should be set. She spoke of the developers plans to have two water retention areas and buffers. She saw their development down the road and she had seen what they called retention areas. She asked that they leave the two natural lakes already on the property for that purpose. This was the last stronghold for the environment in this area, and she asked that the environment not be destroyed. Beth Day, 4283 Redding Road, Boynton Beach, lives to the north side of the 5- acre landlocked piece of land. Her home had an easement for ingress/egress to the landlocked five acres. She was concerned after hearing that this piece of land was sold to the developer. She explained all she had done by way of checking into her rights at the time of purchasing her home. She did not believe that public access to that area would be allowed. Also, there was a 20-foot utility easement for the people that live on the north side of Redding Road. How close would the developer build to this easement? Were they planning on building one or two-story homes? Dennis Clark, 4376 Redding Road, Boynton Beach, stated that there was a piece of property to the north of Nautica on Lawrence Road that was supposed to be a civic center. The developer was supposed to give this land when the property was developed. It was an open area that would normally be used for a park. He understood this had been turned into a cachement basin for water with a walk around it. The Lawrence Oaks Subdivision had private property that was supposed to be used for their recreational area that the City would not let them build on because of the trees on the property. They were without a recreational area in that subdivision. To his knowledge, 31 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 there were no parks set aside for the northwest section and he wanted to see tile City address that issue. He thought that if the County were to turn that piece of Miner Road over to the City and if the Lake Worth Canal were filled in and the area landscaped, that it could be a suitable spot for a City park. He was not against the rezoning, but did want to see parks for the increased population. Mayor Taylor commented that there was a 4.5 acre space in Nautica that was planned as a park. David Shanks, 4602 White Feather Trail, Boynton Beach, built a horse farm for training horses. The expansion of Miner Road would affect him negatively. He asked that this issue be postponed until the County made a decision about the road. He thought the road issue should be settled before the rezoning and saw this as a rush to judgment. Larry John, 8244 Old Military Trail, Boynton Beach, asked for the City's help when they went to the County about Miner Road. He was under the impression that while the County did not plan to do anything about Miner Road in the next five years, there was a caveat that if the property were developed, the building of Miner Road would kick in. Mr. Bryan said this would not happen. Mr. John asked the Commission to look into this. Brian Cooper, 4411 Sunset Cay, Boynton Beach, stated that he lived in the development to the west of the proposed site. He was not against the rezoning, but was concerned about Miner Road. He asked that the lO-foot easement between Sunset Cay and the proposed project be extended to at least 25 feet to provide a more significant buffer between the two projects. They would have to have some kind of easement to access their properties from the other side. The developer may put two- story homes on this site and having two-story homes look down on one-story homes was not good for property values. Michael Loquercio, 4415 Sunset Cay Circle, Boynton Beach, echoed the comments of Mr. Cooper. John Delisa, 7915 Manor Forest Boulevard, Boynton Beach stated that he did not want Miner Road extended since it would go through his back yard. He was concerned about the influx of traffic on Lawrence Road and the capability of the area schools to absorb all the extra children this project would bring in. His son's school was already overcrowded. Karen McKenzie, 8340 44th Court, Boynton Beach, said that she lived off White Feather Trail and that losing Knollwood Groves would limIt the places in which her son 32 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 could play. They had enjoyed looking at the groves and fishing in the canal. Her son could not go into Sunset Cay to fish and he could not go into Nautica whether there was a planned park or not, si nce their neighborhood had no access to it. There was not enough recreational space for kids to play. Herb Suss, concerned citizen, said he had heard the Commission say that Miner Road going through was not part of the deal. However, he felt they should look into that since it could affect the lives of the people who spoke. He thought that the Commission should work with the County and Commissioner Newell to find out what the County was going to do about this. He commented on the similarities between the concerns of the residents off High Ridge Road and the residents surrounding the proposed project. He commented on the lack of parks in the northwest and southwest parts of the City Mayor Taylor closed the Public Audience. Developers Rebuttal Michael Weiner had been listening carefully to the concerns of the residents. He pointed to the City's rules and regulations and the Staff Report, in which this project met each and every test put before it. Many of the residents' concerns would be addressed at the time of site plan review. The developer would do whatever the State required in connection with the flora and fauna on the site. In terms of Knollwood Groves being a tourist attraction, Mr. Wiener wanted it known that leavi ng this area zoned Agricultural would have opened the door to a tomato patch, a hog farm, or a processing plant. For whatever reason, it was known that Knollwood Groves was going to be sold. This project represented the best opportunity the residents had to preserve some of the things the residents talked about on the site. He stated that there was almost 300 feet between houses in the development to the north and the proposed project. This was not likely to be found elsewhere. They had their house, their back yards, the canal, the canal maintenance easement, the canal itself, the l10-foot right-of-way, and their setbacks - all between the proposed project and the homes to the north. The people to the south would be happy to abandon the easement. When the site plan comes through, if they have two-story homes they would adjust setbacks to make sure there is some privacy. In regard to traffic and schools, the project had met all the concurrency requirements for both traffic and schools. Mr. Weiner believed that a commercial property like Knollwood probably generated more traffic than the proposed 140 homes would in the future. Commissioner Ensler asked if there were any specific policies about Knollwood Groves in the Comprehensive Plan, and Mr. Hudson responded that there were not. Mr. Hudson 33 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 believed that Knollwood Groves was annexed after the Comprehensive Plan had been written. Commissioner Ensler noted that the requirements for setbacks were different for PUDS and Single Family Residential. He was concerned about the setbacks for the PUD, since there was no site plan, for the homes directly adjacent to the property. Mr. Hudson replied that under the PUD regulations, the setbacks must mi rror the setbacks of adjacent developments. Commissioner Ensler asked if the developer could level the land with a clearing and grubbing permit before the City had an opportunity to review the trees and site plans, and so forth. Mike Rumpf stated that a clearing and grubbing permit could be requested and Issued prior to a development order being issued. It was not exempt, however, from City regulations. The City had tree preservation requirements and policies. There were County and State requirements about species of special concern and so forth. Those would be reviewed at the time they reviewed a request for a clearing and grubbing permit. The other permits for the site would follow the development order. Commissioner Ensler asked if they would be willing to withhold leveling of the land until there was full agreement on a site plan and the saving of trees. Mr. Weiner stated that it would not be necessary to wait until the site plan was approved. The clearing and grubbing permit requirements called for the developer to have the kinds of surveys that demonstrate that what they were allowed to take down what they were taking down. Commissioner Ensler asked Mr. Rumpf if he was comfortable that this process would protect the property. Mr. Rumpf responded that a process existed, although sites had been cleared in the past without the proper permits and reviews. This was a good discussion topic for a publiC hearing and a warning that there were tree preservation requirements and there could be species of special concern. Flora and fauna surveys may be required. Mr. Goldesitch said they had to do a tree survey, which identified the location and the size of the tree. Additionally, they have to note the quality of each tree. If there were a water oak tree, for example, they would give the diameter at breast height, the total height of the tree, and the quality on a scale of 1-5 in terms of its ability to survive, even if left atone. Mr. Weiner put on the record that D. R. Horton was not a company that would clear land without permits. Mayor Taylor was certain that any of the Commissioners would be on the side of the residents in any dealings with the County pertaining to Miner Road. It was the Commission's job to speak for the people. Although County Commissioner Newell had this district, he was only one of seven Commissioners so the County Engineer had to be convinced first. 34 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 In regard to the comments about keeping Knollwood Groves, Mayor Taylor stated that there was a contract for purchase on the table now, which means that the owners are willing to sell. It was not a matter of anyone trying to take anything away from the residents. He understood how people felt and he liked the Groves too. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-011. City Attorney Cherof read Proposed Ordinance No. 05-011 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-011 (Amending Land Use Map from Agriculture to Low Density Residential). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Wee Mayor McCray dissenting. Mayor Taylor announced the first reading of Proposed Ordinance No. 05-012. City Attorney Cherof read Proposed Ordinance No. 05-012 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-012 (Rezone from Agricultural to Planned Unit Development). Commissioner McKoy seconded the motion. City Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting. D. Project: Agent: Owner: Location: Description: Dr. Go Daycare Center (COUS 05-001) Dave Beasley Dr. Ka Hock Dy Go Southeast corner of West Boynton Beach Boulevard and Knuth Road Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037 acre parcel in a C-1 zoning district City Attorney Cherof swore in the people who planned to speak during this pUblic hearing. Dave Beasley, 3570 Kitely Avenue, Boynton Beach, stated that the applicant agreed with all the conditions of approval. Dr. Ka Hock Dy Go came to the podium, but there were no questions. 35 r' Y ( !) j'_L { , _ ,~? ( ') "-.""'"1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon) 0 April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) ~ May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unftnished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 17,2005 City Conunission Agenda under Legal, Ordinance - Second Reading. On February 1, 2005, the City Conunission approved this item (including First Reading of the Ordinance) thereby transmitting the corresponding Land Use Amendment request to the Florida Department of Community Affairs (DCA). The corresponding item has been returned from the DCA so all items are now ready for fmal ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-022. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Knollwood Groves (f?:tG-W 05-001) Chip Bryan, Julian Bryan & Associates, Inc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road Request to rezone from Agricultural (AG) to Planned United Development (PUD). Proposed use: Single-family residential community. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develo City Manager's Signature Director City Attorney / Finance / Human Resources ollwood Groves PUD\LUAR 05-00 I \Agenda Item Request Knollwood Groves LUAR 05-001 rezone 2nd reading ORDINANCE NO. 05- 011 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY KNOLLWOOD GROVES, INC., AND LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF LAWRENCE ROAD AND THE L WDD L-20 CANAL (APPROXIMA TEL Y 1 MILE SOUTH OF HYPOLUXO ROAD); CHANGING THE LAND USE DESIGNATION FROM AGRICULTURE (A) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. ORDINANCE NO. 05-01~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DRHI, INC., JULIAN BRYAN & ASSOCIATES, INC., ON BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE SOUTHWEST CORNER OF THE INTERSECTION OF LAWRENCE ROAD A.ND THE L WDD L-20 CANAL (APPROXIl\1A TEL Y I MILE SOUTH OF HYPOLUXO ROAD) FROM AGRICULTURAL (AG) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Interested parties may appear at said meeting and be heard with respect to these proposed ordinances. Subject ordinances may be inspected by the public at the Office of the City Clerk at City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435. Pursuant to F.S. 286.0105, please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he will need a record of this proceeding, and for such purpose, he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH JANET M. PRAINITO, CMC CITY CLERK TO BE PUBLISHED IN PALM BEACH POST, on the following date(s): MAY 7,2005 Copt-to: City Commission, City Attorney, Mike Rumpf, Central File, Agenda F!:};eWP\legal ads\Ads to Post\Ad For ORDINANCES 05-008 TO 05-012 - LEGAL SIZE - FOR 05-17-05 MEETING.doc ORDINANCE AD The following proposed ordinances that are published by caption only were read on First Reading at the Regular City Commission meeting of the City Commission of the City of Boynton Beach, Florida on Tuesday, February 1, 2005 at 6:30 p.m. These ordinances shall be presented for proposed enactment by the City Commission at the Regular City Commission meeting to be held at City Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, Florida on Tuesday, June 21, 2005. ORDINANCE NO. 05-01~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DRHI, INC., JULIAN BRYAN & ASSOCIATES, INC., ON BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE SOUTHWEST CORNER OF THE INTERSECTION OF LAWRENCE ROAD AND THE LWDD L-20 CANAL (APPROXIMATELY 1 MILE SOUTH OF HYPOLUXO ROAD) FROM AGRICULTURAL (AG) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Interested parties may appear at said meeting and be heard with respect to these proposed ordinances. Subject ordinances may be inspected by the public at the Office of the City Clerk at City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435. Pursuant to F.5. 286.0105, please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he will need a record of this proceeding, and for such purpose, he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. PALM BEACH POST, June 11, 2005 r'. .. .-......... .- i I I!. I I ~ ["1 r CITY OF BOYNTON BEACH JANET M. PRAINITO, CMC CITY CLERK PUBLISH: L____.__ -.." - , ' t\ ': ~ r ~. S:\CC\WP\legal ads\Ads to Post\2005\Ad for Ordinance 05-012 - 2nd reading - 06-21-0S.doc Copy to: City Commission, City Attorney, Mike Rumpf, Agenda File Original to Legal Ads File