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LEGAL APPROVAL 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 LWDD L-20 CANAL (APPROXIMATELY 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. ORDINA1'iCE NO. 05-01~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF DRIll, 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 LA WRENCE ROAD A.ND THE L WDD 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.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 Fi:~(3WP\legal ads\Ads to Post\Ad For ORDINANCES 05-008 TO 05-012 - LEGAL SIZE - FOR 05-17-05 MEETING.doc STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L COHEN, AlA Secretary June 24, 2005 Honorable Gerald Taylor Mayor, City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Dear Mayor Taylor: The Department of Community Affairs (Department) has completed its review of the adopted Comprehensive Plan Amendment adopted by Ordinance Nos. 05-009 and 05-011 (DCA No. 05-2) for the City of Boynton Beach, as adopted on May 17,2005, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(l)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment, In Compliance. The Notice of Intent has been sent to the Palm Beach Post newspaper for publication on June 27,2005. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a peti- tion with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3 1 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. . Please note that a copy of the adopted City of Boynton Beach Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach, Planning and Zoning Division, 100 East Boynton Beach Boulevard, Bo}nton Beach, Florida 33425. ill is ..!.iU i~ II ;,y,,' ..-'.:~::'- . D LS.tr" . " " ! ''--'__)l'~,:I' r I . 1\1tJ. ! 1 . DEPARTMFNT cr fir V[: ('I" 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAl STATE CONCERN FIELD OFFICE COMMUNITY PLANNING 2796 CMneas~. &8>212 2555 Slunard Oak IloIAlNard Maraflon. Fl33lJ5O.2227 TaIahas5ee. FL ~2100 (305) 289-2402 (850) 4M-2356 EMERGENCY MANAGEMENT 2555 Slunard Oak BoUevard TaIahas5ee. Fl ~2100 (850) 41:>9969 HOUSING & COMMUNITY DEVELOPMENT 2555 SIunard Oak BoUevard TaIahas5ee. Fl ~2100 (850) 4M-7956 The Honorable Gerald Taylor June 24,2005 Page Two If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation \\ith the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Ray Eubanks, Administrator, Plan Review and Processing at (850) 922-1767. Sincerely, () )/Z1 ~/:~{ 111 ~ tl~ Mike McDaniel Acting Chief of Comprehensive Planning End: Notice of Intent cc: Michael Busha, Executive Director Treasure Coast Regional Planning Council Michael Rumpf, Director of Planning & Zoning STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND TIffi CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 05-2-NOI-5005-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Boynton Beach, adopted by Ordinance Nos. 05-009 and 05-011, on May 17,2005, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Boynton Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach, Planning and Zoning Division, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendment to the City of Boynton Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a peti- tion shall constitute a waiver of any right to request an administrative procPi"1iine as a petitioner under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and {llust include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is'timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. YVl J---{ Wl ~ ~ Mike McDaniel Acting Chief of Comprehensive Plannins Division of Community Plannine Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS JEB BUSH Governor "Dedicated to making Florida a better place to call home" June 13,2005 THADDEUS L. COHEN, AlA Secretary Mr. Dick Hudson, AICP Senior Planner City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: Thank you for submitting copies of the City's Comprehensive Plan Amendment No. 05-2 (previously 05-1), adopted by Ordinance Nos. 05-009 and 05-011 on May 17,2005, for our review. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The amendment package appears complete and the Department will issue an expedited Notice of Intent regarding the adopted comprehensive plan amendment based on your transmittal letter stating that the comprehensive plan amendment package was adopted without revisions and no objections were raised by an affected party or the Department. Based upon these facts, the expedited publication of notice of intent pursuant to Section 163.3184(8), Florida Statutes, will occur on or about June 27, 2005. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. If you have any questions, please contact Lavoise Whittington, Plan Processor, at (850) 922-1778 or me at (850) 922-1767. DRE/lw cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council ~~ D. Ray Eubanks, Administrator Plan Review and Processing ill R (j\) R 0 \VI R m o ,~ t'J ~ "' l~ ij'! ! ~ 20~ IL~il I . OFPl\RTMFNT OF DEVEr OPMf N' 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FielD OFFICE 2796 Overseas Iighway. SUIe 212 MarafJon. FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Slunard Oak BouIewrd TaIIahaseee. FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak BouIewrd 2555 Shumard Oak BouIewrd Talahassee, FL 32399-2100 TaIahassee, FL 32399-2100 (850) 413-9969 (850) 488-7956 C{.....-...... r. "''.\.'" : ' , ,., , ~/ .~ ..." The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Mr, D. Ray Eubanks Community Program Administrator Bureau of Local Planning Department of Community Affairs 2555 Shumard Oaks Boulevard Tallahassee, Rorida 32399-2100 Re: Oty of Boynton Beach 05-2 Amendments - Adopted Dear Mr. Eubanks: We are pleased to submit our recently adopted amendments for the Oty of Boynton Beach Comprehensive Plan. Induded with this submittal are two (2) land use amendments adopted by Ordinances 05-009 and 05-011 on May 17, 2005. These amendments, given your identification number DCA No. 05-2 (transmitted as 05-01), were reviewed by the Department and returned to us on March 28, 2005. The amendments were adopted in a timely manner. The City Commission ata public hearing held following proper public notice pursuant to 55163.3184 (see attachment), adopted these amendments. The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendments were not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Rorida Statutes. The NOI should be published in the Palm Beach Post. Please also be reminded that the proposed amendments: . are not, nor do they affect, An Area of State Concern; . are not exceptions to the twice yearly limitation for plan amendments as noted in F.S. 163.31n(h)( 4); . are not proposed to be adopted under a joint planning agreement pursuant to Chapter 163.3171, F,S.; . have been submitted to Treasure Coast Regional Planning Council, South Rorida Water Management District, Rorida Department of Transportation, Rorida Department of State, Florida Department of Environmental Protection and Palm Beach County Department of Planning, Zoning and Building (see attached letters); and . do indude two (2) amendments to the Future land Use Map or map series. lastly, this amendment package indudes the revised cumulative list of plan amendments processed subsequent to original adoption, and copies of the entire Comprehensive Plan have been sent to all the agencies listed in 9J-11.008(9) (a). . Page 2 June 6, 2005 The contact person for information regarding the amendment is: Dick Hudson, Senior Planner aty of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Ronda 33425 Telephone: (561) 742-6260 Fax: (561) 742-6259 Three copies of the amendments are provided for your records. As stated above, separate transmittals, including only one copy of each of the adopted amendments have been sent to the other required agencies. Should you have any questions, please call us. Sincerely, jk./ ---- Dick Hudson, AICP Senior Planner Attachments Cc Palm Beach County Treasure Coast Regional Planning Council South Rorida Water Management Distrtct Rorida Department of Transportation Rorida Department of Environmental Protection Rorida Department of State S:\PIannIng\SHARED\WI'\PROJECTS\HI Ri:lge- New Urban Cornn'u1IIIeS\A ~ ((('\' ,'1/,.' The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Ms Susan Harp, Historic Preservation Planner Bureau of Historic Preservation R. A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Re: City of Boynton Beach Large-scale Amendments 05-2 (formerly 05-1) Dear Ms Harp: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach, Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~1/ Dick Hudson, Senior Planner Attachments i<t-.. <.'. .... ~ ..... ....- -'-. "-. ..-." The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Lorenzo Aghemo, Director Planning Division Department of Planning, Zoning and Building 100 Australian Avenue West Palm Beach, FL 33406 Re: City of Boynton Beach Large-scale Amendment 05-2 (formerly 05-1) Dear Mr. Aghemo: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach, Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~~jL Dick Hudson, Senior Planner Attachments ,(((I \~// The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Mr. Terry Hess, AICP Planning Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Re: City of Boynton Beach Large-scale Amendments 05-2 (formerly 05-1) Dear Mr. Hess: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~// Dick Hudson, Senior Planner Attachments \.,.gc..r.....) , . " ..' .,.~.. .~ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Ms. Lynn Griffin Director of the Office of Intergovernmental Programs Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: City of Boynton Beach Large-scale Amendments 05-2 (formerly 05-1) Dear Ms Griffin: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions, Sincerely, ~// Dick Hudson, Senior Planner Attachments i,((..... .("7......."" \~ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 P. K. Sharma, AICP, Lead Planner Water Supply Department South Florida Water Management District P. O. Box 24680 West Palm Beach, Florida 33416 Re: City of Boynton Beach Large-scale Amendments 05-2 (formerly 05-1) Dear Mr. Sharma: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, A//I Dick Hudson, Senior Planner Attachments i..,'..~.(."'.'..\..... '" '~' The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 6, 2005 Gerry O'Reilly, P,E. District Director, Transportation Planning Office Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: aty of Boynton Beach Large-scale Amendments 05-2 (formerly 05-1) Dear Mr. O'Reilly: Attached please find the transmittal package sent to the Department of Community Affairs on June 6, 2005, regarding the above referenced large-scale amendments to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions, Sincerely, A; /1----- Dick Hudson, Senior Planner Attachments 1 ORDINANCE NO. 05- OIl 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY KNOLLWOOD 8 GROVES, INC., AND LOCATED ON THE 9 SOUTHWEST CORNER OF THE 10 INTERSECTION OF LAWRENCE ROAD AND 11 THE LWDD L-20 CANAL (APPROXIMATELY 1 12 MILE SOUTH OF HYPOLUXO ROAD); 13 CHANGING THE LAND USE DESIGNATION 14 FROM AGRICULTURE (A) TO LOW DENSITY 15 RESIDENTIAL (LDR); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN 17 EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 22 Government Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 25 and 26 WHEREAS, after two (2) public hearings the City Commission acting in its 27 dual capacity as Local Planning Agency and City Commission finds that the 28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 29 Plan and deems it in the best interest of the inhabitants of said City to amend the 30 aforesaid Element of the Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Land Use\Knollwood.doc 1 Section I: The foregoing \VHEREAS clauses are true and correct and 2 incorporated herein by this reference. 3 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located on the 6 Southwest comer of the intersection of Lawrence Road and the LWDD L-20 Canal 7 (Approximately I mile south ofHypoluxo Road) in Boynton Beach, Florida shall be 8 changed from Agriculture (A) and shall now be designated as Low Density Residential 9 (LDR): 10 The North one-half of the Northeast one-quarter of the northeast one- Il quarter, and the northeast one-quarter of the Northwest one-quarter of 12 the northeast one-quarter of Section 13, Township 45 south, range 42 13 east, Palm Beach County, Florida. 14 15 Less and Except 16 17 The North 40.00 feet thereof and the East 40.00 feet of said north 18 one-half of the Northeast one-quarter of the northeast one-quarter. 19 Said lands situate in the city of Boynton Beach, Palm Beach County, 20 Florida, and contain 30.683 acres, more or less. 21 22 23 Subject to easements, restrictions, reservation and rights of way of record. 24 25 26 Section 3: That any maps adopted in accordance with the Future Land Use Element 27 of the Future Land Use Plan shall be amended accordingly. 28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 29 repealed. 30 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 31 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect S:\CA\Ordinances\Planning\Land Use\Knollwood.doc ,I j I I I I. I I f' I r i. I L: t:, I, I I 1 the remainder of this Ordinance. 2 Section 6: This Ordinance shall take effect on adoption, subject to the review, 3 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 4 Planning and Land Development Regulation Act. No party shall be vested of any right by 5 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and 6 all legal challenges, including appeals, are exhausted. In the event that the effective date is 7 established by state law or special act, the provisions of state act shall control. 8 FIRST READING this ~ day Of~, 2005. SECOND, FINAL READING and PASSAGE this /7 day Of~, i j 'I :i !I ~ I :/ rt 9 10 2005. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 7 ATTEST: 28 29 3 3 32 33 CITY OF BOYNTON BEACH, FLORIDA J-,ij y -r~ (f1ayor V2VCf Commissioner Commissioner Commissioner Planning\Land Use\Knollwood.doc LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE NORTH 89016'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING. CONTAINING 151.3 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE SOUTH 88030'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO A POINT; THENCE NORTH 01034'02" EAST, A DISTANCE OF 1259.39 FEET TO TIlE SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST, ALONG THE SOUTH LINE OF SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (S Yz) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02053'24" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS. CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS. TOGETHER WITH LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS. TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS. LOCATION MAP r<nollwood Groves LUAR 05-001 .. . . I ~: - .- 1 - I--~I I t. ~ -'--l I ~ 1.J Ii , I ',I d ',!, U ; it- I . .. IT I . r- . f- I ~r ~ ~ i a [ ',' - t~/l - =~~,...: ~ 1 ~ ,::::; \J ~ ~ ~Io." I I ...~..__.._-_.~ rr:c 'n 'j...... l' .:~~f '1 JNfrr.T'~- 1-<1 in J .. 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I I 1 ORDINANCE NO. 05- co'i 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY PARAMOUNT 8 INVESTMENT GROUP AND GEORGE 9 KECHRIOTIS, AND LOCATED ON THE 10 NORTHWEST CORNER OF HIGH RIDGE ROAD 11 AND MINER ROAD; CHANGING THE LAND 12 USE DESIGNATION FROM MEDIUM DENSITY 13 RESIDENTIAL AND LOW DENSITY 14 RESIDENTIAL (PALM BEACH COUNTY) TO 15 MEDIUM DENSITY RESIDENTIAL (MDR); 16 PROVIDING FOR CONFLICTS, SEVERABILITY, 17 AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 22 Government Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 25 and 26 WHEREAS, after two (2) public hearings the City Commission acting in its 2 7 dual capacity as Local Planning Agency and City Commission finds that the 2 8 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 29 Plan and deems it in the best interest of the inhabitants of said City to amend the 30 aforesaid Element of the Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Cocuments and Settings\prainitoj.crTV\Local SettingS\Temporary Internet Files\OLK27\High Ridge New Urban.doc 1 Section 1: The foregoing WHEREAS clauses are true and correct and 2 incorporated herein by this reference. 3 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located on the 6 Northwest comer of High Ridge Road and Miner Road in Boynton Beach, Florida shall 7 be changed from Medium Density Residential and Low Density Residential (Palm 8 Beach County) and shall now be designated as Medium Density Residential (MDR): 9 See Legal Description attached 10 11 12 Subject to easements, restrictions, reservation and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 of the Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. 19 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 1 the remainder of this Ordinance. .i; 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Plarming and Land Development Regulation Act. No party shall be vested of any right by 25 virtue of the adoption of this Ordinance until all statutory required review is complete and 26 all legal challenges, including appeals, are exhausted. In the event that the effective date is S:\CA\Ordinances\Planning\Land Use\aigh Ridge New Urban.doc " , 2 1 ! established by state law or special act, the provisions of state act shall control. FIRST READINGthis~dayof Fehrl.w""1 ' 2005. SECOND, FINAL READING and PASSAGE this ~ day Of~, , I 3' 4 2005. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 2 2 26 27 CITY OF BOYNTON BEACH, FLORIDA ~0~ yo7 1 --- V~L:t- b~(- ~ ComnnSSlOner Commissioner S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban.doc LOCATION MAP High Ridge New Urban Communities LUAR 05-002 ~~~..~- t'.~~. ~~ " ........,., :.:.:.:.:. . .. .. .;, . RESIDl:NTIAL .,. . . . .- ~,.. --... , , - ; ,LOW DE,NSITY: (LOR)' ..' '.' ..... , MAX 4.84 D.U.I ACR'E . . ~. . r" .....~ ::::: :MODERATE D,ENSITY :(~ODR) . f' i , . 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"'0 ~ 00 ~ I '- r--: Q) "'0 '2 ~ ~ .c co ::J "'0 T- E "'0 E "'0 r::: <( U . . ::l co E - Ctl C Z Q) 0 Q) ~ - E t) E c co - 0 c: . " . . Q) r::: Q) E - '- 0) .... r::: Q) - ::J CO c: "C g. Q) > Cl "i:: C E I 0 Q) (!) CO Q) 0> t E I 0) Q) E .~ co c: J: 0- co CO 'i:: <( "'0 Q) Z U CO CD () 'S; 0 r::: I .9 Q) c. e Q) Q) J: ~ 0- .r:. ,~ I Cl >- - :t::: OJ ~ t) THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION ~ OF FLORIDA IT OF PALM BEACH the undersigned authority personally appeared Kristi Morrow, who on oath at she is CUstomer Service Supervisor of The Palm Beach Post, a daily and r newspaper, published at West Palm Beach in Palm Beach County, Florida; that ached copy of advertising for a Notice in the matter of Public Hearing was aed in said newspaper in the issues of May 7. 2005. Affiant further says that d The Post is a newspaper published at West Palm Beach, in said Palm Beach it Florida, and that the said newspaper has heretofore been continuously led in said Palm Beach, County, Florida, daily and Sunday and has been entered md class mail matter at the post office in West Palm Beach, in said Palm Beach (, Florida, for a period of one year next preceding the first publication of the :d copy of advertisement; and affiant further says that shelhe has neither paid nor ;cd any person, firm or corporation any discount rebate, commission or refund purpose of securing this advertisement for publication in the said newspaper. ~WI~~L , to and subscribed before 9- day of Mm7 A fvti2-. -- lll11y known XX or Produced Identification ){ Identification Produced ' .~~I;:a"" Karen M. McLinton ~..~.~<:\ co~~si~n # DD359566 ...A.:8= Expires: NOV. 15, 2008 't;....~:l Bonded Thru """,I~\", Atlande BOI1ding Co.tIne. .... \f') ("") ;:; .. '- - ~ ;,.:e. .' - - ~ ~ ..g !...t .,} W 'T . \;:: .0 .. ,;) \, NO. 814185 NOTICE OF PUBUC HEARIN lARGE-SCALE AMENDMENTS ROUNI . NOTICE OF REZONINGS NOTICE OF ANNEXATION H011CE IS HERBY GMN filii fie Clly ConInission J 1tf 0tY (J1CY1NK)l BEAOI. FlORID hearings 10 consider !he ~ J IOrat-scoIe Amencher4s 10 .. Ciy J 8cIy)lIcn Beach Cant NesdaY May 17, 2005.1he hearing wiD _ place a17:OO p.m.. orauaon 1herecilter05 the ogenc!ci HAU ta.\MISSlC)I CIWtI89S, foo Easl80yMln Beach IauIMnI. 1he ~ Olt disab MAP AM~N=~::~p~~AR' 05-001 , 1DCA1ION: 8053 ~(west side of I.awrence Rood of !he inter - Miner R ~ ~!he ' PIon Future land Use Map: ~ - loW'Demity ~sidentialILDR) Rezone:From. AG ~ra1 10 . PUQ I Unit OeYeIoement PROPOSED USE: Single-family' tiOI communlly lEGAlll&U'l1ONS: On GIe in \he PIonning and ZoningDivisi9n &W~~dn~au~ Northwest comer of High Ridge Road and Miner Rood Annex !he poperIy' Amendt:-~~f~~~l~~. : eo. 10 ~ ~ ti:li: Density ~ tMeDRl Rezone: From' RS ~&~~-'!..aIm Beach eo. PROPOSEDUSE: ~.;gle-~~:l ~~ communily lEGAl~: On GIe in the PIonning and ~ing Division RI1URE lAND USE M>> Adoot the ~PIonFuture Land Use Map in Ge Inforinalion Syslem (GIS) formal 6Ym ~ 6!m 6!m REQUEST; REQUEST; - ~ ----- A u;...- - . This ~..... can be viewed between \he hours of 8:00 a.m. and 5:30 ~B;ch Planning and Zoning Division, 100 East Boynton Beach Bo ~. pcriesJ:~~~ofr:~~~ , BOOrd, ~ission ' ~ to CIf'/ inaIIer ~'; at ~ ~~~~=~~:r~ 11. CiIV shall furnish QPIlI'ClPIiote ii' 'aids and serviceS where iniIMdUaI with a dilClb1lilYty an 01 It! ~.' Zt. toJlClf!!fipote in ::: '. .. equat, e '~, PIeOse canIad J , ~E'6~.=:-=,I2A1 hours ~ to -.p,ogrom Of activit) lD reasonably CItCOI , ycvr request. , . OTY Of BOYNTON BEAOi fltANtoING'At(> ZONING OIV , t~1)7J.2-4260 PUBLl5.H: The Post, May 7,2005;':, RULE 9J-11, F.A.C., TRANSMITTAL REQUIREMENTS FOR THE SUBMISSION OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS June 2002 NUMBER OF COPIES TO BE SUBMITTED: Please submit three copies of the adopted amendment package to the Florida Department of Community Affairs and one copy each to the Florida Department of Environmental Protection (DEP), appropriate Florida Department of Transportation (DOT) district office, Department of State (DOS), appropriate Regional Planning Council (RPC), the appropriate Water Management District (WMD), Office of Educational Facilities of Commissioner of Education (if related to public educational facilities element pursuant to 163.31776, F.S.), appropriate County, the Florida Fish and Wildlife Conservation Commission (FFWCC) (county plans only), and the Florida Department of Agriculture and Consumer Services (DOACS), Division of Planning and Budgeting (county plans only) SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the transmittal cover letter transmitted the adopted amendment (see Rule 9J-11.011(5), FAC.): ~ DCA identification number for adopted amendment package; / Name of newspaper in which the Department will publish the required Notice of Intent (Rule 9J- 11.011(5) F.A.C. and Section 163.3184(15)(e), F.S.); -L Brief description of the adoption package, including any amendments previously proposed but not adopted (Rule 9J-11.011 (5)(a)5, FAC.); ~ Ordinance number and adoption date (Rule 9J-11.011(5), FAC.); /' Certification that the adopted amendment(s) has been submitted to all parties listed in Rule 9J- 11.009(6), F.A.C. (Rule 9J-11.011 (5), FAC.); Y" Name, title, address, telephone, FAX number and e-mail address of local government contact; ~ Letter signed by the chief elected official or the person designated by the local government (Rule 9J-11.011(5), F.A.C.). ~ the plan amendment is unchanged and was not subject to review or objections, a statement requesting expedited publication of the notice of intent. The transmittal letter shall include the following language: The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Florida Statutes. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package (Rule 9J-11.011(5), FAC.): ~II adopted text, maps and support documents (including data and analysis) on new pages of the affected amendment in a strike-through/underline format (or ~imilar easily identifiable format). In case of future land use map amendment, the adopted future land use map reflecting the changes made when adopted. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required. /' Copy of executed ordinance adopting the comprehensive plan amendment(s); ~ Copy of the Citizen Courtesy Information List. In event no individuals sign up to receive a courtesy information statement, indicate on sign-in form that no request were made and include the form in the adopted package. [9J-11.015(5)(b)4 and 163.3184(15)(c), F.S.] (Section 163.3184(8)(b)2, F.S.); ..../)ft- List of additional changes made in the adopted amendment that the Department did not previously ~ (Rule 9J-11.011(5)(a)5.a, F.A.C.); .;:: List of findings of the local governing body, if any, that were not included in the ordinance and =- provided the basis of the adoption or determination not to adopt the proposed amendment (Rule 9J-11.011 (5)(a)5.b, FAC.); J k Statement indicating the relationship of the additional changes not previously reviewed by the '~ment to the ORC report from the Department (Rule 9J-11.011 (5)(a)5.c, FAC.) J 1 List of proposed amendments previously reviewed by the Department in current cycle of ~ments that were not adopted by local government (Rule 9J-11.011(5)(a)5.d, FAC.) ~/j, If local government uses replacement page format: copies of newly adopted comprehensive plan ~ that contain newly adopted plan amendments and new cumulative table of contents (Rule 9J- 11.011(5)(e) and (f), FAC.). 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 Cherof 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 du/acre. 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 Ridgel 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 Cheraf 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 A T 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 ::i:30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LOR) (1ST READING OF PROPOSED ORDINANCE NO. 05-011), and 27 Meeting Minutes City Commission Boynton Beach, Florida February 1, 2004 Request to rezone from ~r1Cultural (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 February 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, Goldesltch 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 courd put a park there and the County could still run the road through it. Melissa Delisa, 7915 Manor Forest Boulevard, Boynton Beach, 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 developer's 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 aty Commission Boynton Beach, Florida February 1,2004 there were no parks set aside for the northwest section and he wanted to see the 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 a Iready 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. Developer's 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 leaving 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 ltG-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 Enster 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 mirror 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 spedes 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 abitity 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, Vice 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. Oty Clerk Prainito called the roll. The motion passed 4-1, Vice Mayor McCray dissenting, D. Project: Agent: Owner: Location: 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-l zoning district Description: 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 l ~ I i ! ! l i gg ~~~ m ~MI~~ ~ _~i ~~~ ~ ~~ ~~ ~ ~i ~~ ~ ~ ~~ ~ :!I~ ~~ iii i~i!i! c n !~ ~ .~ ~ ~ Sijl ii! ,,~~ ;!! ~Q ~ ~~~~ ~ Z<!i!~ j,! es- ~~ ~~ I~ijlm ~ II U cUI - ~~ ~~~ i! ~t ~b IJ I~ !II! :I: ~g ~~~m . ~ ~ ~ l~j ~~ ~ ~~"i ~~ ~ ~. ie ~'i J~ .~~ i~ h~ i~ ~~~ ~~ bS~ ~~ ~~~ ~ ~ ~ a ~ I i ~ ~ I ~I ~ ~ "'71 ~ ~ ~ ~ ~~$~~~~ H \!l ~~~.. en ~~~~~..iil :::j !ll i !ll ~ i!! ~ 10 III u~~~ m ~~o~~'~ ""H ' ~ 51 ill -< III Iii! i ~ ~ _" E ~ ~ ~ 1ii ~ ~ .. (I) ~ z ; j f11 ~ H ~ ~ CJl ~ N D c.t Col it it; III & 811lil r; r; r; r; r; r; r; ZlZlZlZlZlU 1!Ei?U?U$a c~ Iga ~ Gl ~ r; 0;1 r;; ill '" i" Ii !( ~ ~ ~ 51 !: Z m J B A Julian Bryan & Associates " r"-"- i i i(1 i ~ i ~ T II: j ~! ~, i!i~ III ~~ i; i iim V 1 ~ ) l"_H_H_H_H ~ J;l i!l ~H ~ ~h:i ~ I~g~~ .... 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I -- 9/re GXtl//'$/T - KNO(,("WOOtJ- J(IllII[l~ " NOTICE OF PUBLIC vl<RING LARGE-SCALE AMENDME~ROUND 05-2 NOTICE OF REZONINGS NOTICE OF ANNEXATION 'M.~ NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will hold public hearings to consider the adoption of Large-scale Amendments to the City of Boynton Beach Comprehensive Plan on Tuesday May 17, 2005. The hearing will take place at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The amendments are described as follows: LOCATION: REQUEST: REQUEST: PROPOSED USE: MAP AMENDMENT/REZONING (LUAR) 05-001 Knollwood Groves PUD 8053 Lawrence Road (west side of Lawrence Road at the intersection of Miner Road) Amend the Comprehensive Plan Future Land Use Map: From - Agriculture (A) To - Low Density Residential (LOR) Rezone: From - AG Agricultural m ~ [f;; ~ n ~7 W ~ To - PUD Planned Unit Developme ;. ---":;-~.' n Single-family residential community Jt f : , ! i !! I rL___ I --_J Drpi\fHIJlFNT 0f nr" . MAP AMENDMENT/ANNEXATION/REZONING (LUAR) OS-=our-.------'..--'- r; (,,,, If ~n HiQh RidQe New Urban Community On file in the Planning and Zoning Division L LEGAL DESCRIPTIONS: LOCATION: REQUEST: REQUEST: REQUEST: PROPOSED USE: Northwest corner of High Ridge Road and Miner Road Annex the property Amend the Comprehensive Plan Future Land Use Map: From - Medium Density Residential (Palm Beach County) To - Medium Density Residential (MeDR) Rezone: From - To - RS Single family Residential (Palm Beach County) PUD Planned Unit Development Single-family residential and townhouse community LEGAL DESCRIPTIONS: On file in the Planning and Zoning Division REQUEST: FUTURE LAND USE MAP Adopt the Comprehensive Plan Future Land Use Map in Geographic Information System (GIS) format. (Insert map here) This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any S:\PlanningISHAREDlWPIPROJECTSIHigh Ridge- New Urban CommunitiesUegalnot Adoption.doc person whQ' 1ecides to appeal any decision of the r 'ning and Development Btilard or City Commissiorr .IIth respect to any matter considered at >, ..;se meetings will need a record of' the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. PUBLISH: The Post May 7, 2005 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 S:IPlanningISHAREDlWPIPROJECTSIHigh Ridge. New Urban CommunitiesUegalnot Adoption,doc D 5,200 w ~ ~ ~ w ~ Of 8 z 2,600 N A o 5,200 Feel