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O89-36ORDinANCE HO. 89- D& AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM AG (AGRICULTURAL ) AND R-1AAA (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) BEING LOCATED IN THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION SEVEN (7), TOWNSHIP FORTY-FIVE (45) SOUTH, .RANGE FORTY-THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL ORDINANCES OF THE CITY OF BEACH, FLORIDA; PROVIDING A CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. W~EREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and W~RREAS, Urban Design Studio, agent for McIntosh/Cowie, Inc., (Knollwood Groves) has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately 111.78 acres (±) located within the municipal limits of said City, said property being more particularly described hereinafter, from AG (Agricultural) and R-1AAA (Single Family Residential) to PUD with a Land Use Intensity of 4 (PUD LUI 4). W~R. REAS, the City' Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: The East half of the Northwest quarter and the Southwest quarter of the Northwest quarter of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS HOWEVER, the right of way for Lawrence Road and the rights of way of Hypoluxo Road and the Lake Worth Drainage District Canal L-18. SUBJECT to easements, reservations, restrictions and rights of way of record. Containing: 111.78 acres more or less. be and the same is hereby rezoned from AG (Agricultural) and R-1AAA (Single Family Residential) to Planned Unit Development with a Land Use Intensity of 4 (PUD LUI 4), which intensity is determined to be appropriate under the circumstances represented to the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD) as set forth in the application specifically in accordance with comments of the Planning and Zoning Board relating to the phasing of said project and those staff comments not inconsistent therewith attached hereto as Exhibit "A". Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage of this City's 1989 Comprehensive Plan. FIRST READING this ~ day of October , 1989. SECOND, FINAL READING and PASSAGE this /~day of FLORIDA city ~rk ( Corporate Seal) Vice Mayor~~~. Commiss loner oner MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 It was the Engineering Department's position that Citrus Glen Drive should not be abandoned due to the fact that it is a.connecting road between Miner Road and Lawrence Road and is consistent with the City Commission adopted 1986 Comprehensive Plan Evaluation and Appraisal Report. Police Department See comments under "Site Plan Modification", pages 7 and 8 of these minutes. Fire Department See Addendum E attached to the original copy of these minutes in the office of the City Clerk. Mr. Annunziato pointed out that the guardhouse and security gates requested are located solely within the Executive Estates plat. Executive Estates platted the road that winds through and goes from Miner Road to Lawrence Road. It is controlled by a separate Association from the property owners to the south. The applicant will have to submit to the City Attorney appropriate documentation to provide for common maintenance of those facilities located on a different plat. Mr. Granados had no problem with that because there will be one homeowners association that will maintain both plats-. Mr. Annunziato advised that would have to be directed to the City Attorney. A vote was taken on the motion, and the motion carried 4-3. Chairman Walshak, Vice Chairman Collins, Mr. Blanchette, and Mr. Richter voted for the motion. Mr. Howard, Mr. Lehnertz, and Mr. Zimmerman voted against the motion. NEW BUSINESS A. PUBLIC HEARINGS REZONINGS 2. Project Name: Agent: Owner: Location: Knollwood Groves Urban Design Studio Knollwood Groves, Inc. East side of Lawrence Road, south of Hypoluxo Road - 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 Legal Description: Description: The E~ of the NW~ and the SW~ of the NW~ of Sec. 7, Twp. 45 South, Rge. 43 E., Palm Beach County, FL, LESS, however, the right-of-way for Lawrence Road and the rights- of-way for Hypoluxo Road and the Lake Worth Drainage District Canal L-18 SUBJECT to easements, reservations, restrictions and rights-of-way of record. Containing 111.78 acres, more or less Request for rezoning from AG (Agriculture) and R-1AAA (Single Family Residential) to a Planned Unit Development with a Land Use Intensity = 4 (PUD w/LUI = 4) Mr. Go~den read the memo dated August 23, 1989, addressed to the Board, from Mr. Annunziato. (See "Addendum F-l" attached to the original copy of these minutes in the Office of the City Clerk.) It was recommended that the application for rezoning be approved, subject to the limitations outlined under item "a" of the section entitled "ISSUES/ DISCUSSION" in the memo, the staff comments attached to the original copy of these minutes as "Addenda F-2" through "F-3" inclusive, and to the following comments: Lake Worth Drainage District "We ask the City of Boynton Beach to condition any action on this development so that the developer has to address the L-19 canal to our satisfaction and needs." Parks Division, Recreation and Parks Department "It is understood that the developer plans to apply for 1/2 credit towards the recreation impact fee for the multi- family section of the P.U.D." "Prior to site plan approval, specific plans concerning location, dimension, etc. need to be submitted concerning the five recreation items required to qualify for the credit." Forester/Horticulturist The applicant must submit the following as part of the site plan: - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 "1. Littoral zone and upland hardwood species plantings around the lakes. 2. A relocation/tagging plan showing where transplanted citrus trees will be moved. 3. A landscape/tree planting plan for the grass median on Hypoluxo Road, adjacent to the site. 4. A dense vegetative buffer to provide a visual barrier along the property adjacent to the existing single family houses." City Attorney "It is the opinion of this office that the application meets requirements for unified control as outlined in Section 6, Appendix B, Land Use Element of the City of Boynton Beach Code of Ordinances." Robert E. Basehart, Director, Urban Planning, Urban Design] Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409-6582, wished to point out something he thought was very important with respect to the County's traffic performance standard. He informed Chairman Walshak that one problem he had With the comments and suggestions made in the letter from the County Engineering Department was that there is no way to tell exactly what the County wide performance.is for this area because the County is still dealing with the issues of lower levels of service (LOS) on certain roads and exclu- sions from the performance standards on others. All of the roads significantly impacted by this project are currently operating at either LOS "A" or LOS "B" and will not become over capacity by virtue of this project. Mr. Basehart stated that the property is "L" shaped. It would be on the southeast corner of the intersection of Hypoluxo Road and Lawrence Road if it were not for the 35 acre parcel that is partly in the City and partly unin- corporated in the County zoned Agriculture. Mr. Basehart said this project will have 150 single family residential units. The multi-family component will have 389 units on 26 acres. The net density of the single family residential is 1.8 units per acre. Mr. Basehart presented a conceptual plan of the single family area. They used the cul-de-sac approach to develop a quiet, private, individual, residential design. The lots are about 10,000 square feet or more. Access to the site is by Hypoluxo Road and from Meadows Boulevard. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 Included on the design was the dedication of a five acre park site, to be added to the four acres already provided by The Meadows PUD. A day care center will serve the needs of 'this development, as well as The Meadows. Mr. Basehart apprised the Members that service can be provided without going onto the exterior street system. With regard to traffic, Mr. Basehart said the project will generate about 4,505 trips a day, (1,479 from the single family, 2,684 from the multi-family, and 342 trips from the day care center.) As part of the design, the applicant has agreed to complete Meadows Boulevard. It is not on the County's thoroughfare system but by completing that lane from its current termination at their boundary to Lawrence Road, Mr. Basehart pointed out that they will be providing a new east/west collector link and an 80 foot right-of-way. They will also be providing relief for other east/west roads in the area, including Hypoluxo Road. That road will be provided as a public road and will be available for anyone. In addition to that, the City Staff asked the applicant to construct a collector road from The Meadows north to Hypoluxo Road. .That will provide another north/south link, and Mr. Basehart thought it would provide substantial relief from the intersection of Lawrence Road and Hypoluxo Road and create additional alternatives for the traveling public in the area. All of this is being done at the developer's cost and at no cost to the City. Mr. Basehart knew commitments had been made to complete Hypoluxo Road from Lawrence Road west and from Congress Avenue to 1-95 by other developers. He stated that the applicant will agree to provide surety for the construction of the link or portion of the link between Lawrence Road and Congress Avenue in the amount of $760,000. The surety will be provided within twelve months of the approval of this development or at the time of the issuance of the first residential building permit, whichever shall come first. In addition to that, within 18 months of approval of the development, the applicant will provide a complete design for the addition of two lanes to Hypoluxo with the credit against the impact fee and against the $760,000, if that design has not previously been provided by someone else. Mr. Basehart said they will agree to actually construct the additional two lanes from Lawrence Road east, as far as the $760,000 will carry it, which could be all the way to Congress Avenue, by the time they reach the 50% development - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 point for this development. As soon as half the lots are permitted, they will begin construction at the latest on that link road. If Palm Beach County or anyone else wants to initiate construction of the link before then, the surety will be there, and money will be provided toward that project. Mr. Basehart thought those improvements would satisfy the basic objectives of the County's traffic performance standard. Those improvements and that amount of money, together with the improvements to Meadows Boulevard and the north/south road, will create an improvement in the traffic circulation system in the area in excess of what the impact in trips of this development will be. Mr. Basehart repeated prior statements relative to the County's traffic performance standard and added that there may be exemptions for some of the roads he was talking about. The applicant was willing to make this commitment as satisfaction of their impact fee and requirements for the project. Mr. Basehart told the Members the project is consistent with the new Comprehensive Plan and is consistent with the character of development in the surrounding projects. Mr. Basehart requested that the Board consider giving the applicant credit towards the park requirement because of the construction on the link of road from Meadows Road to Hypoluxo Road. He referred to the day care center, Meadows Road, and reiterated prior statements. With respect to the height limitation within 400 feet of their boundary, Mr. Basehart stated there was no problem on the north and south sides. There were four or five acres on the east side zoned Single Family Residential, but they received a special exception for a non-single family use. Therefore, Mr. Basehart did not believe that restriction would apply on the east side. Most of the west side is in the County, zoned Agricultural. It will probably be annexed into the City, but they do not know what the land use will be. Mr. Basehart felt a little troubled by the proposal that the applicant should anticipate single family develop- ment adjacent to that property line and limit its building height and development scheme in order to accommodate some- thing that may some day be single family. He wished to solicit a break on that issue. Mr. Annunziato responded that there is one single family development that would take out the bottom half. North of - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 that are single family homes on large lots. Mr. Annunziato thought that formed the land use pattern in that area. He suspected the property south of where it was indicated R1A would likely develop in single family form. North of the R1A are large homes on estate lots. The only question could be the land use at the northwest corner (Blossom Road and Lawrence Road). Mr. Basehart basically agreed with Mr. Annunziato. They did not do a detailed site plan for the multi-family area. He wanted those comments on the record and hoped, in developing their site plans down the road, the City Staff will acknowledge that they are not absolutely talking about single family homes for all of that area. Mr. Basehart suggested maybe they can work something out. Mr. Annunziato concurred that the City would remain flexible. Chairman Walshak noted that by letter dated September 8, 1989, Mr. Basehart was requesting a rebate from the City as far as any cash contributions because they are building the north/south roadway at the east side of their property. Chairman Walshak had a problem with that because Mr. Basehart was talking about two different Ordinances. He noted a day care center was next to the park. Chairman Walshak wondered if the day care center could be cut down to one acre. If the park was dedicated to the City, they.would make their park requirements. Mr. Basehart thought that was something they could entertain. Part of the problem with the site is that it is triangular toward the western end. Mr. Basehart explained that 6/lOths of an acre needs to be accommodated by the applicant either providing extra land or providing a cash contribution. Mr. Annunziato confirmed Chairman Walshak's statement that the applicant could either give the City cash or the additional property. With reference to the traffic study, Mr. Basehart said it was the one that was adopted and which will be effective on October 1st. The impact fee calculation comes out to a few thousand dollars less than $760,000. Chairman Walshak heard Mr. Basehart say the $760,000 may take someone from Lawrence Road to Congress Avenue. He did not think $760,000 would take someone to Congress Avenue. Chairman Walshak asked whether the completion of Meadows Boulevard was taken into consideration. Mr. Annunziato answered that it was. Chairman Walshak understood it was the obligation of Mr. Granados (Citrus Glen) to pave Miner Road from Lawrence - 17- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 Road to the east perimeter of the property. Mr. Granados informed him that Citrus Glen has a two year bond. Mr. Annunziato advised that in 21 months, they are to start paving the road. Chairman Walshak determined Mr. Granados is about 12 months away from starting Miner Road from Lawrence Road east. At the end of the Citrus Glen property is what the City refers to as the "missing link". It goes from the northeast corner of Citrus Glen to the northwest corner of Chalet 4's property. The City ended up with a $47,000 road bond on that piece of property, which is not enough to pay the missing link. Chairman Walshak felt $760,000 would not be enough to pave two full lanes from Lawrence Road to Congress Avenue. He asked why they could not take some of that money and allocate it toward the construction of the missing link on Miner Road, which is on the County's thoroughfare plan. Chairman Walshak asked if there was a possibility the City could work this out with the County. Mr. Annunziato answered affirmatively. Chairman Walshak asked if Mr. Granados had a contract. Mr. Granados replied that he has a contract with Belvedere and Ranger. Chairman Walshak inquired whether that construction company could complete the missing link on Miner 'Road, as he thought they could save money. It would be up to the City and Mr. Basehart to scrutinize the contract. Mr. Annunziato thought the easiest way to do this would be to place the money in an escrow account with the County. The money could be drawn by the contractor on an "as completed" basis. He advised that they do not want to put the applicants in a situation where they are unable to gain ownership of design plans. Plans have been completed for the missing link, and the County has agreed to certain reductions in its standards. If this turns out to be a workable plan, it will be to the extent that the City will not hold the applicants hostage over the ownership of the plans. Chairman Walshak thought the $47,000 bond would become null and void, and the property owners will pay the impact fees at the current rate. Chairman Walshak thought Miner Road would be an important link for the western community of the City, and he explained. After completing Miner Road, Chairman Walshak suggested they take the balance of the $760,000 and put it to work from Lawrence Road east. Hypoluxo Road is a workable road, but Miner Road is not. Therefore, it is important to finish Miner Road. - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 Mr. Annunziato felt it was a workable plan. Mr. Basehart agreed to the plan, and he outlined the advantages of it. Mr. Granados was willing to work with the plan. Concerning Mr. Basehart's letter, Mr. Annunziato emphasized that the money will not become available until 50% of the dwelling units are built. Mr. Basehart clarified that they intended to provide that the money will be available for surety so that in 12 months, there will be approval of the project. They are saying no one else can do any construction on Hypoluxo Road by the time their project is 50% built. They will spend the money and provide the construction for as far as the money will take them. Mr. Annunziato apprised the Members that there is a differ- ence between posting surety and posting dollars. Mr. Granados has a commitment which mandates that he perform in approximately a year. Mr. Annunziato questioned whether Mr. Basehart was suggesting his applicant will have $760,000 dollars, not surety, in a year. He explained that surety might be a performance bond, but it is not dollars. Mr. Basehart was saying there will be a surety in some form or another saying that starting within one year, the money will be available any time that it is asked for and needed. After further discussion, Chairman Walshak thought the contractor building the road for Mr. Granados would want to know that portion of the money is in escrow at the time. Mr. Basehart responded that they would agree the money will be available, through whatever mechanism. Vice Chairman Collins thought it sounded like a very work- able plan. He inquired whether any thought had been given to the impact this would have on the increased enrollment at the school. He wondered if there had been any talk about assist- ing the County in dealing with that issue. Since the School Board wrote their letter, Mr. Basehart said the County School Board adopted County wide aggregate impact fees, one of which is a school impact fee, for which this development will provide plenty of dollars. A man in the audience advised it will be $250 per unit. At the time of the building permit, Mr. Basehart said the school impact fee will be collected by the City of Boynton Beach and transmitted to the School Board. Vice Chairman Collins explained why he was concerned. Mr. Basehart informed the Members what the aggregate impact fee includes. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1989 Because the project is in the City, Mr. Annunziato apprised everyone that not all of that money will be paid to the County. The City's Recreation and Parks fee will super- impose itself over the County's. There is no library fee, Police, Fire, or Public Safety because they are accommodated by taxes. Mr. Blanchette agreed with the road allocations. Mr. Annunziato commented that the City does not grant credits against road impact fees and cannot promise that it will occur. Chairman Walshak felt they would be supported by the City. Mr. Howard thought Chairman Walshak did a fine job. As no one wished to speak in opposition to the request and no one else wished to speak in favor of the request, THE- PUBLIC HEARING WAS CLOSED. Mr. Lehnertz had a problem with the last paragraph of the letter from Mr. Basehart dated September 18th because the City had previous approvals for developments in the area. There will be a tremendous problem with roads. Considering that, he felt the recommendation to have a safe development with roadways to handle it would be the only way to go. Motion Vice Chairman Collins moved to approve the request, subject to staff comments, and to the discussion that took place this evening. Mr. Howard seconded the motion. Mr. Lehnertz asked if Planning Department's recommendation to have a phased development was included in the staff comments for the motion. Chairman Walshak answered that it was excluded. A vote was taken on the motion, and the motion carried 6-1. Mr. Lehnertz voted against the motion. THE BOARD TOOK A RECESS AT 9:38 P. M. at 9:50 P. M. The meeting resumed 1. Project Name: Agent: Owner: Location: The High Ridge Center Roy Barden Max Schorr, Trustee High Ridge Road at Miner Road extended, southwest corner - 20 -