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O86-48ORDINANCE NO. 86-48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RECREATION (REC) TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, 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 WHEREAS, the City of Boynton Beach has heretofore filed a Petition pursuant to Section 9, Appendix A-Zoning of the Code of Ordinances of the City of Boynton Beach, Florida for the purpose of rezoning a certain parcel of land consisting of 13.03 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from Recreation (REC) to Planned Commercial Development District (PCD); and W~RREAS, the City Commission deems it in the best interests of-the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY~'~THE"c~TY'~'~ES~oN~::0F 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 1/2 of the Northwest 1/4 of the Southwest 1/4 less right-of-way of Seaboard Coastline Railroad and less right-of-way of State Road 9 (I-95) in Section 16, Township 45 South, Range 43 East. be and the same is hereby rezoned from Recreation (REC) to Planned Commercial Development District (PCD). Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. That this rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Commercial Development District (PCD) specifically in accordance with the development plans and specifications therefore now on file with the office of the City Planner of the City of Boynton Beach, Florid and all requirements, terms and conditions established and set forth in the minutes of the Planning and Zoning Board and the City Commission of the City of Boynton Beach, Florida, pertaining to the review and approval of said application which minutes are hereby made a part hereof by reference and staff comments are attached hereto as Exhibit "A". Except as provided herein, all development on the subject property shall proceed in strict accordance with all ordinances of the City of Boynton Beach, including but not limited to, its zoning, electrical, plumbing, subdivision, planning and zoning codes regulations of the State Environmental Regulations. and all other rules and of Florida, Department of Section 3: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any sectio~,.o~r'~ur~w~sion of this Ordinances 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 5: This Ordinance shall become effective immediately upon passage. FIRST READING this 18th day of 1986. November , SECOND, FINAL READING and PASSAGE this ~ day of ATTEST: ( CorPorate Seal) CITY OF BOYNTON BEACH, FLORIDA Vice MaWr Commis sloher/~- LAND USE ELEMENT AMENDMENT AND REZONINC PROJECT NAME: The PC] AGENT: Steven OWNER: City oJ LOCATION: N.W. 95, sot DESCRIPTION: Center W. Deutsch Boynton Beach 2nd Avenue at Interstate .thwest corner. Request for. an amendment to the Future Land Use Element of the - 25- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Comprehensive Plan from Recreational to Office Commercial, and rezoning from REC (Recreation) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 13.03 acre office development to be included as a part of the Boynton Beach Park of Commerce. Mr. Cannon distributed to the Board members a memorandum, dated June 3, 1986, written to him from Deutsch Ireland Properties. Mr. Annunziato stated the referenced memorandum from Deutsch Ireland Properties addresses the Technical Review Board's concern about the access plan to the subject property. Essentially, the TRB and the applicant have worked out their differences concerning access. Mr. Annunziato will be discussing that item on Page 4 of the report which specifi- cally addresses the acess plan. Mr. Annunziato reported this is a parcel which is currently owned by the City. It was acquired by the City from Palm Beach County.. Palm Beach County acquired the property because of delinquent taxes. It was dedicated to the City subject to its being used for recreational purposes. However, it became apparent both to the City and the appli- cant that this was not the most appropriate location for a future City park. The Master Plan for Boynton Beach Park of Commerce shows on that Master Plan a 17 acre parcel on the extreme northwestern portion of the property which will be dedicated to the City as a public park. Mr. Annunziato stated this rezoning is actually a land swap between the City and the developer of the Boynton Beach Park of Commerce. Presently, the property is largely undeveloped except for a shooting range maintained by the Fraternal Order o'f Police, a Police Dog Training Facility, and a Police Dog Cemetery. To describe the surrounding property, Mr. Annunziato stated to the east is the Interstate 95 right-of-way. To the east - 26- MINUTES PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 of the referenced right-of-way is a single-family zoning district. High Ridge Road lies approximately 600 feet to the left of .the parcel and is presently a two lane road. Mr. Annunziato noted that the Boynton Beach Park of Commerce Master Plan. calls for High Ridge Road to be relocated so that coming down from the north it swings to the east and would'run along the western boundary of the subject parcel and swing back into the BoYnton Beach Park of Commerce. Mr. Annunziato advised that road would be built as a four lane divided.collector road. Chairman Trauger questioned the rationale of curving that road in to come down along this site and back out when there is a straight_road down. Mr. Annunziato clarified the pur- pose would be to obtain a better lot configuration within the Boynton Beach Park of Commerce. He stated the preferred depth of lots from the existing highway, High Ridge Road, to the railroad tracks was excessive and not easily develop- able. By swinging High Ridge Road to the east, they would be able tgocreate a better development. This is the way the Master Plan was approved. In response to Mr. deLong's inquiry regarding funding of the program, Mr. Annunziato responded it was the Boynton Beach Park of Commerce's responsibility~ Mrs. Huckle asked if the Boynton Beach Park of Commerce owned the property north of 22nd Avenue along 1-95. Mr. Annunziato-advised they did, and it was in the PID. Mr. DeLong questioned if the City was picking up about 3.97 acres. Mr. Annunziato stated the ultimate acreage in the land swap ha_s_not been fully decided yet because there are still some items, being discussed which included land configuration;~ size, and environmental constraints of deve- lopment on this swap property. Mr. Cannon pointed out' on the screen the location of this subject property. Mr. Annunziato stated it would be located at Miner Road and E-4 Canal, which puts it in closer proximity to those por- tions of the City that are going to develop residentially, Mr. Annunziato verified to Mr. deLong that basically it would .be no less than an even swap, and the City might be picking up free additional acres. - 27- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cannon.pointed out that the City has acquired a parcel of property approximately 20 acres in size on Seacrest Boulevard. Mr. Golden pointed out on the screen where the parcel was located. Mr. Cannon stated the property would be the site of the City's North District Park, and that park would take care of the recreational needs for most of the northern end of Boynton Beach Mr. Cannon stated, as far as the land uses for the surrounding area in the Boynton Beach Park of Commerce, the parcels to the north of the subject parcel and to the west of the subject parcel are designated on the Master Plan for office and/or hotel development. The parcel to the.nort.h- west will be designated for office development. The par- cels to the south and to the southwest are designated for industrial, research, and developmental uses. Going to the specific criteria by which the Planning Department is evaluating this rezoning application, Mr. Cannon directed-the Board's attention to the top of Page 3, "W~ether the proposed rezoning would be consistent with applicable Comprehensive Plan policies." Mr. Cannon stated-the City has acquired a site for the North District Park. Therefore, the recreational needs for that part of the City are going to be satisfied. This parcel is no longer necessary or desirable for development as a City park. In order to prevent indiscriminate destruction of native vegetation, Mr. Cannon recommended that the applicant attempt to preserve the existing sand pines and slash pine trees to the maximum extent possible. This reflects a recommendation made in the Planning Department's Evaluation and Appraisal Report that the City take a strong stand in respect to preserving trees. There is a tree preservation ordinance, but it allows a wide range 0f latitude by developers. The Planning Department is suggesting that the developers, not only in this parcel but in all future site plans and rezoning applications, preserve the trees to the maximum extent possible. The Planning Department makes a recommendation, which is similar to the conditions placed on the Boynton Beach Park of Commerce, that the applicant seek to minimize erosion and reduce blowing sand on the site. - 28 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cannon believed the Criteria B, C, E, F, and H can be largely summarized to meet all the criteria which deals with compatibility with the surrounding property, its developa- bility under the existing zoning, and the availability of sites elsewhere in the City. To summarize all the listed conditions,.the Planning Department-has determined the desirable land use for this particular parcel has changed because of the availability of alternate park sites and the development of the surrounding property as-an office and industrial development. The use the applicant proposes, which is office development, is the most apprOpriate development for this .particular parcel. Mr. Cannon added that land use conflicts with the surrounding properties would not be created. Mr. Cannon directed the Board's attention to Condition D on Page 4, "Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities." Mr. Cannon stated the Planning Department made a few estimates of the water and sewer demands that would be created by the Boynton Beach Park of Commerce, that is, a comparison between water and sewer generated by the office development, and the amount generated by a park. However, the water and sewer generated for an office development would not be significant and could be accommodated by the improvements that are going to be made with the development of the Boynton Beach Park of Commerce. Mr. CannOn advised the proposed PCD site would generate about 3,000 triPs per day compared to 780 trips which would be generated if the site were to be developed as a park. In the evening-Peak hours, it would generate about 600 trips. The applicant submitted a'traffic impact analysis for the PCD site which determined that the improvements which are going to be made with the development of the Boynton Beach Park of Commerce would be adequate to serve the traffic needs generated by the proposed PCD. Mr. CannOn directed the Board's attention to the middle of Page 4, where it states, "If the interchange is constrUcted at I-9~ and N. W. 22nd Avenue, the developer would be required to six lane 22nd Avenue from Seacrest Boulevard to - 29- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 the center of the Park of Commerce." He stated this will be the basis for the needs for improvement to N. W. 22nd Avenue. However, the developer was required only to four lane N. W. 22nd Avenue and not to six lane that road. The six laning of that road would have to completed by the County or DOT. Mr. Cannon stated the only major area of disagreement between the applicant and the City was concerning access from the site. The applicant is proposing a maximum of three parcels that would occupy the site and, as shown on the original Master Plan, four access points from High Ridge Road and one access point from N. W. 22nd Avenue. At this point'~ Jim Golden displayed the Master Plan on the screen for the Board's review. He denoted where the access roads were loCated. Mr. deLong questioned the length of the stretch along High Ridge Road. Mr. Annunziato clarified it was about 1300 feet. Mr~'deLong questioned how you could not allow four access roads for the previous applicant, and allow four access roads for this applicant. Mr. Annunziato clarified that it was not suggested that the City approve four access roads for this applicant. He stated this was a request sub- mitted by the applicant. Referencing Page 4, Mr. Cannon stated the City staff originally recommended that access to the sites on High Ridge Road be limited to two driveways and the access to N.W. 22nd Avenue be eliminated entirely since that is a ramp for 22nd Avenue which leads up to the overpass over 1-95. The Planning Department considered this to be an unsafe location to have an access road to the property because of a ramp coming down and going up to the overpass. The Planning Department had a meeting recently with the applicant. Referring to the memorandum distributed to the Board members earlier, Mr. Cannon stated it indicates that the City has reached an agreement with the applicant. That agreement is the City is conceding there' should be three access points from High Ridge Road, and each one of these access points would be served by a left turn lane south- bound, and the northern-most access point will be centered 350 feet south of No W. 22nd Avenue. - 30- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cannon advised at this point the Planning Departmegt is agreeing this Master Plan will not include approval of the access road onto N. W. 22nd Avenue. Whether that access is allowed will depend on the specific design of the interchange on 1-95 and N. W. 22nd Avenue, if and when that occurs. In repiy to Chairman Trauger's inquiry concerning the 1-95 interchange, Mr. Annunziato clarified the various options proposed in the Benefit Cost Analysis did not suggest a clover-leaf type interchange. It suggested diamond type interchange which in effect would structurally build an interchange very similar to the interchange at Hypoluxo Road where you do'not have long sweeping curved entrances and exits. There has been additional discussion on having interchanges to the center and creating one intersection. Mr. Annunziato commented you will not see a need for any additional right-of-way for 1-95 interchange. If there is,' it will be the responsibility of this developer to make it available since he is heavily involved in design, feasibili- ties, envi?onmental evaluation, and funding of the interchange. Mrs. H~ckle asked if Mr. Annunziato had the figures on the distance between the subject propertY and 1-95. Mr. Annunziato reported it was approximately 1'00 feet, and was only a separation of the railroad tracks. Mrs. Huck!e questioned the depth from N. W. 22nd Avenue to the northern boundary of the subject property. Mr. Annunziato believed it would be 50-100 feet. Mr. Ryder noted when they get to the site plan, their knowledgewill be clearer concerning permitting the possible interchange. Mr. Cannon stated the main access on N. W. 22nd Avenue will not be part of this Master Plan approval. The applicant may come back at a future date when the design for that inter- section is finalized. At that time, Mr. Cannon stated the request for the Master Plan modification will allow the access point. - 31- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. deLong clarified the Planning Department is recommending three access points instead of four on High Ridge Road. Mr. Cannon added it would be subject to the conditions the applicant has set forth in his letter, dated June 3, 1986, and that letter should be made part of the Planning and Zoning Board's recommendation. Mr. Cannon ~s~ated the Planning Department is recommending approval of-this application, and that it be found consistent with the Comprehensive Plan, subject to the staff comments which includes a comment from the Police Department, and that it reflects the TRB's original comments concerning the access points. The approval is also subject to the recommendations made in the Planning Department,s memoran- dum, as modifi%d by the statements and conditions in the applicant's letter, dated June 3, 1986. Mr. Winter stressed his concern over the bulldozing of the dog cemetery for the dogs that served the City. He was con- cerned over what happens to that area Mr. Cheney noted recently the dogs have been buried near the Animal Shelter, but he was not certain. He noted dogs will be removed, advised he would get more information. The Police Department through the Fraternal Order of Police has been involved in discussions. Mr. Cheney has not specifically asked about the dog cemetery, and acknowledged it will be further discussed and investigated. Mr. deLong commented that Mr. Cannon had not discussed the traffic analysis. In almost everything he reviewed, Mr. Cannon noted almost every level of service fits Level D. Mr. Annunziato confirmed Mrs. Huckle statement that it was a peak time. He'stated that critical movement analyses are intersection analyses, and the standard which has been recommended and adopted by the Regional Planning Council is that at only peak times, Level of Service D is acceptable. He explained peak time is for an hour and half or so, twice a day, ~nd intersections will be a little congested at that time. However, over the remainder of the day, the Level of Service would be C or better. Mr. deLong commented that the means in which the City Picked up this land for non-payment of taxes from the County has a restricted use in that it states the property should be used for governmental purposes. - 32 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. Cheney clarified that the City and the applicant understands that in order for this to go forth, the City would have to get permission from Palm Beach County. Mr. Cheney acknowledged a swap, similar to this one, was made once before near Westside Baptist Church where there was much land, and the City swapped the land with the Church~ It went before the Board of County Commissioners with no problems. Mr. Cheney had not approached the County about this, but he believed there would no problems. When the time comes, and we get to the point where the developer agrees that he will give the City three acres or more, then we know we must approach the Board of Commissioners. Mr. Cheney clarified., at that time, the deed.restriction would leave this piece of land and be transferred to-the other piece. According to the requirements, Mrs. Huckle stated it stipu- lates the Master Site Plan be presented to the Board in more detail. She noted the two proposals presented at this meeting w~e incomplete to a large degree. She added if the Board is going-to review the proposals and approve or disapprove them according to all the regulations, she suggested the future submission include a more detailed Master Plan, Which is delineated in the Zoning Regulations to include circulation and other items, and are not on the package submitted.. Mr. Annunziato-commented it has always been a pOint of interest as to what level you submit a land use proposal. Sometimes people go to great lengths to prepare a site plan, which probably will be 60-70% accurate by the time they do the hard-line site planning. On this site plan, Mr. Annunziato noted the Planning Department knows the loca- tions of the access points. Mr. Ryder commented since the Planning Department receives the changes in zoning, they do not feel it is practical to go to that extent. Discussion continuSd on this item. Mrs. Huckle noted the regulations show exactly what should be submitted, and they are adequate under these circumstances since we are all very familiar with the location. However, she stated the Board is attempting to close any possible loops that might interfere in making this a perfect situation. We are going to a brand new process of submitting these items to the State. She believed a few more details, such as on the Master Site Plan, specifically set out in our Zoning Code under the PCD, would not be too much more to present, and it is required. - 33- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 DeveloHer's Presentation John Moyle Representing the Developer Mr. Moyle wanted to clarify one issue stated on Page 4 in the middle paragraph. He stated Mr. Cannon.mentioned the correction-concerning six laning N. W. 22nd Avenue. He should have continued and mentioned the four laning of N. W. 22nd Avenue from Seacrest Boulevard to U. $. 1. Mr. Moyle believed Mr. Cannon would confirm that he intended to, but the record will reflect that he did not go that far. Other than that, Mr~ Moyle stated he was present, in order to answer any questions. Mr. Annunziato clarified that the requirements from the developer from the Development Order issued by the City would involve four laning N. W. 22nd Avenue from Seacrest Boulevard to Congress. There were no requirements for N. W. 22nd Avenue east of Seacrest Boulevard. This has not changed those requirements. What is suggested is that when the entire system builds out these improvements must be in place. Mr. Annunziato noted when everything is built in this section of Palm Beach County, there will be a require- ment to add two more lanes to both sections. Referring to the statement, 1-95 to N. W. 22nd Avenue, Mrs. Huckle noted it stated if the interchange is constructed at 1-95 and N. W. 22nd Avenue, the developer will be required to six lane N. W. 22nd Avenue from Seacrest Boulevard to the center of the Boynton Beach Park of Commerce. Mr. Annunziato noted that statement was incorrect, and'it should be four lanes. The traffic impact statement shows"need at build out for six lanes." Mr. Annunziato clarified that the developer would not be required to four lane east of Seacrest Boulevard. He added it is a County requirement at build out. Discussion con- tinued. There being no further comments presented in favor or in opposition of the proposal, Chairman Trauger declared the PUBLIC h~ARING closed. - 34 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 Mr. deLong moved to approve the application of the City of Boynton Beach for the land exchange, subject to staff com- ments, and in consistency with the Comprehensive Plan, seconded by Mr. Pagliarulo. Chairman TraUger stated that it was moved and seconded that the Board approve the request for an amendment to the Future Land Use Element of the Comprehensive Plan from Recreational to Office Commercial, rezoning from REC (Recreation) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 13.03 acre office development to be included as a part of the Boynton Beach Park of Commerce, and in consistency with'the Comprehensive Plan. The motion carried 7-0. Chairman Trauger notified the developer that this proposal will come before the City Council at their meeting on June 17, i986, at 8:00 P.M. or as soon thereafter as the Agenda permits. COMMENTS Mr. deLong stated that earlier~Mr. Winter made a recommen- dation concerning Mr. Schorr's application for two access points from High Ridge Road. The applicant requested more than one access point. Mr. deLong believed, in all fairness to Mr. Schorr and his application, since the.Board allowed three access pOints'on a road about the same length on the same highway, some consideration be given to allow Mr. Schorr another egress and ingress on High Ridge Road. Mr. Annunziato clarified there was a substantial difference. This applicants road will be four lane divided, and the three driveways will be served by median cuts with left turn lanes in a median, and there is a substantial difference. He noted that is why he pointed out to Mr. Schorr, if he wanted to build median left turns, it might not create as great a problem. Mr. deLong agreed with Mr. Annunziato's statement. - 35- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA June 4, 1986 ADJOURNMENT There being no furthe~ business before the Board, the meeting of the Planning and Zoning Board adjourned at 10:05 P.M. Carol Ann Brown Recording Secretary (Three Tapes) - 36- MEMORANDUM Planning Dept. May 14, 1986 Lt. Dale S. Hah%mack Police Dept. The P.C.D. Center N.W. 22nd Av~. and High Ridge Rd. As per the dicussion at the T.R.B. meeting .on 13 May 1986, I feel the entrance on N.W. 22nd Ave. has to be eliminated. The entrance is too close to the intersection o.f both 1-95 (S.R. 9) and to High Ridge Rd. I also feel the number of entrances onto High Ridge Rd~ .from the site is excessive. I feel the number should be reduced to one with an enclosed loop road or at most two entrances with a loop connector road. Lt. Dale S. Hammack Police Department DH:as B. Consider request submitted by Steven W. Deutsch, Agent --for the City of~Boynton Beach, for an amendment to the Future Land Use Element of the Comprehensive Plan from Recreational t0~'Office Commercial, and rezoning from REC (Recreation) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 13.03 acre office development to be included as a part of the Boynton Beach Park of Commerce located on NW 22nd Avenue at Interstate 95, the southwest corner Mr. Annunziat6' said this tract is commonly referred to as the F.O.P. (Fraternal Order of Police) tract. This property has been the topic of discussion for a potential land swap between the City and developers of the Boynton Beach Park of Commerce with the intent being to relocate an equivalent value tract of land with a parcel of land in the Park of Commerce, more appropriately located for recreational pur- poses. The intent of this activity is to put this property into a land development category consistent with primary uses in the Park of Commerce. A report was presented to the P&Z Board. Some modifications were recommended by the P&Z Board to be incorporated. Mr. .Annunziato referred the Members to the last clause in the third full paragraph on page 4 of his memo of May 28, 1986, which read, "however, construction of these additional road- - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 way improvements will not be required ~rom the develoPer of the Boynton Beach Park of Commerce" and added, "or this developer" because they are or are not the same. The P&Z Board reviewed the request at a public hearing, at which testimony was received, and it came to the Council with a positive recommendation. The recommendation was b~sed on a report submitted by the P&Z Board, which incorporates staff comments as amended by a memo from George W. Zimmerman, Director of Planning, Deutsch Ireland Properties, Fort Lauderdale, Florida, to the Techni · cai - Review Board, dated June 3, 1986, concernin, access Additionally, the P&Z Board made a findihg ~f consistency of this request with'the Comprehensive Plan. City Manager Cheney noticed Mr. Annunziato suggested the land swap-would be for an equivalent value and said that was not totally accurate. The land swap would be negotiated so that both parties are satisfied, but it may not be for an equivalent value. Vice Mayor Zimmerman asked if it could be l~ss. City Manager Cheney replied it could never be less. They were talking about land useable value to meet what the City can now do with its current site and be sure they can do at least the same thing on the future site. Mayor Cassandra asked if the Council was approving something where the negotiations might fall down. Mr. Annunziato informed him that approval of the application is still six m6nths away. He reminded the Council that on all of these applications, there is still a necessity to forward them to the State of F~orida for review as a Comprehensive Plan amendment. Then it comes back to the City with a review and comments from the Treasure Coast Regional Planning Council and the Department of Community Affairs. The City can then adopt Ordinances to amend the plan. City Manager Cheney explained that the Council will not finalize this action at the end of the year unless the swap has taken place. Mayor Cassandra recalled the P&Z Board questioned what would b~ done if any Police dogs were buried there. City Manager Cheney answered that was a part of what the City would take care of as a part of the swap. If the swap does not go ~ through, they will not worry about it. Mayor Cassandra asked if they would start bulldozing or doing something in the meanwhile. As long as it is the City's land, City Manager Cheney assured him no one is going to touch it. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 David S. Pressly, Esq., 9th Floor, Barnett Centre, 625 North Flagler Drive, West Palm Beach, appeared on behalf of the applicant and informed the Council that Steven W. Deutsch, ~Esq., Trustee, 1106 International Building, 2455 East Sunrise Boulevard, Fort Lauderdale, Florida 33304, was also present. Attorney Pressly staked 'that they accepted Mr. Annunziato's summary of the project and the conditions that went with it. M~yor Cassandra asked if anyone else wished to speak in ~favor of the application. There was no resPonse. Mayor Cassandra asked if anyone wished to speak against the appli- cation. ' Joseph Molina, 811~S. W. 6th Avenue, was sure that if the p~ople in_the north end of Boynton Beach knew this' piece ~as being negotiated for a piece of land way out west, there would be a march on City Hall. Here is a beautiful piece of p~operty close to walking distance of the north end of BOynton Beach, where they are clamoring for a recreation _a~a. The land is on I'95, where it can be beautified with t~ees, etc., and can have a ball field, tennis courts, and wbatever, it would not disturb anybody. Mr. Molina did not think this piece of property should be s%'apped for.anything or sold for anything because it is a desirable p~ece for the north end. He called attention to ail the homes near there and thought-it was a crime to even discuss it. Mr. Molina said Deutsch Ireland was here before t¢ change the Planned Industrial Development they originally started to come in with. The City is in trouble all of the time because bf changes no one knows about. If anybody would spe~k for recreation for the north end, Councilwoman Zibelli assured Mr. Molina she would. She asked if Mr. Molina had been on the property. The location of the property itself told Mr. Molina that end of Boynton Beach, off 1-95, in the proximity of the homes there, would be very desirable as a recreational park. Councilman FerreI1 commented that it is a "louzy piece of land for recreation". Every time they put anything nice in the F.O.P. Clubhouse, it is broken into. As~long as it is worked out so the F.O.P. is satisfied, Councilman Ferrell thQught it would be in the best interest of all. There were more comments. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 Mr. Molina said they were talking about a raw, undeveloped piece of land. The Council interrupted him. For a long time, City Manager Cheney said this was the only piece of land of any s~ze the City owned north of the Boynton Beach Canal. A few years ago, when land west of Congress Avenue was developed, as a part of the recreation contributions of the land adjacent to and west of Congress which was developed, 20 acres of land were given to the City. It was marked on the overlay just north of the arrow that said "North District Park Site". City Manager Cheney said it is on the east side of 1-95, directly in the middle, and for the residential area without crossing. I-95. City Manager Cheney said it was marked C-2 and R-3 and is djacent to another piece of recreational land, which would ive the City about 26 acres of recreational land on the residential side of 1-95. One thing the City does not have in public recreation land is land towards Congress Avenue, north of Miner Road, that will serve Dos Lagos, Boynton Lakes, The Meadows, and those areas. City Manager Cheney thought they resolved the problem of recreation in the north end of the City in the residential area on the east side of the tracks. They are now taking 13 acres here and probably are going to get 17 or 18 acres further up, adjacent to the residential area, in the northern section of the City, near Miner Road and C6ngress Avenue. If the Council had not accepted the land swap which gave the City 20 acres of land, City Manager Cheney said it would have been developed in the R-3 category and would have added tremendously to the number of families living in the north- east part of the City. They reduced the density, have a useable park project, and a plan for the project. City Manager Cheney suggested that the recreation area on the wrong side of 1-95, and probably on the wrong corner of an interchange of 1-95, with no direct access to it off of 22nd, is not as good as the other one they talked about. City Manager Cheney thought the Council had thought this over carefully along the way and was giving up something to get more, only after they already acquired a big piece of recreation land ~n the north end. Mr. Molina was under the impression that the City was still looking for property in the north end. City Manager Cheney informed him that the City was talking about developing land that the City has. City Manager Cheney told Mr. Molina the City will develop land at Rolling Green School and this 20 some acres of land. - 28- MI'NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 There is no other land available on th~ east side of 1-95 in the north end. The City will develop what it has. It is part of the funding program the Council talked about two or three months ago. City.Manager Cheney acknowledged that Mr. Molina was right in saying the City needs land up there, and · he went~.iat~-more det~a~il.~.~.~ ~ ~ ~-~ ~ ......... Mr. Molina asked if'consideration had been taken that a lot of these developments have recreation for their projects. City Manager Cheney agreed but added that every subdivision is required to provide recreation space. Half of the amount of land can be private on their own site, and if they choose not to have the other half on site, they give money to the City. The CitY then uses that money to develop recreation sites, and City M~nager Cheney gave examples and further ~xplained. There were more comments by Mr. Molina and City Manager Cheney. From the tax base point of the City, City Manager Cheney old Mr. Molina a corner with an interchange is going to roduce a lot of taxes that will make it possible for the City to do something else. That would not be a legitimate  rgument, if it was not something for a recreational piece f land. Mr. Molina asked that they consider all of the points he made and, the fact the PIDs that have been submitted come ~ack, ma~e changes, and the changes are usually given to the applicants. In fairness, City Manager Cheney said the land swap was not really the dew~loper's idea, but was the City's idea. Mayor Cassandra interjected that the City was also concerned as to where the Police Department could have its shooting range. Right now, they practice inside as well as outside, and there is concern about where some of the bullets may go. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Cguncilman Hester moved to approve the Land Use Element and r~zoning, subject to all staff comments. Councilman Ferrell seconded the motion. Councilman Ferrell noticed this would restrict them to two 'accesses on High Ridge Road and asked how many access sites were on the other side of High Ridge Road. He remarked that this was about the same size property as the other one. - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 AS noted in the letter from George Zimmerman, Mr. Annunziato said the applicant is requesting that they be allowed to have three median cuts serving the property with three driveways (one median cut with each driveway). The closest median cut would be some 330 feet south of the intersection of High Ridge-Road and.22ndA~enue. There was a recommendation, accepted by the applicant, that driveways serving properties on the west side of ~his property would also be served by those median cuts. City Manager Cheney explained that there is a four lane divided road in this section and on the other piece, up north, you have a two lane, undivided road. Mr. Annunziato ~dded that they adviSed the applicant to look at the four lane divided option because of the left turn movement, which stops traffic. The applicant did not want to consider reconstructing High Ridge Road as a four lane road with median cuts. A vote was taken on the motion, and the motion carried 5-0. Consider request submitted by Edward Duggan, Agent for Harold S. Wenal, Trustee, for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and re- zoning from R-1AA Sing!e Family Residential to C-3 Community Commercial for the purpose of allowing construc- tion of a storm water retention area located on the east side of Hoadley Road, which, if approved, will serve a proposed shopping center on the west side of Hoadley Road, north of LWDD L-24 Canal Mr. Annunziat~.called attention to the "EXPLANATION" in his memorandum of June 9 and said it was in error and should be deleted because it was a duplication of the motion that occurred on the next application. The real motion was made by Mr. deLong, seconded by Mr. Pagliarulo and was unanimously denied. ' Mr. Annunziato informed the Council that the tract of land is located at the southerly end of Hoadley Road, adjacent to Canal L-24. Hoadley Road is east of Congress Avenue, about 600 feet south of Old Boynton Road. Several large houses are on 'the road. The application is really tied into propert ownershi When the property was originally sold severYal years agP~ to MOntgomery Ward, it was attached to the parent tract, which - 30- VIII. LEGAL LAW OFFICES ~IOYLE, FL~,%TIG. A_N, K~TZ, FITZGERALD ~c SHEEI-LA/~, 9TM FLOOR, SARNETT CENTRE KAMEN LEVIN ALEXANDER TIHOTHY p. HOBAN August 26, 1987 A.] e c: Bldg Plan Eng Util TELE[~HONE [~O4) 681-3B'~8 Steven W. Deutsch, Esq. 2455 East Sunrise Boulevard International Bldg., Suite 1106 Ft. Lauderdale, FL 33304 Re: Quantum Park - Land Swap/Realignment of Miner Road Right-of-Way Dear Steve: At the Palm Beach County Board of County Commissioners' Public Hearing on August 25, 1987, the Board unanimously approved the Resolutions authorizing the exchange of properties necessary to finalize the land swap with the City of Boynton Beach and the realignment of the right-of-way for Miner Road. It will take approximately 7 - 10 days for the necessary deeds and releases to be signed by the County. After the necessary documents have been signed, I will take care of recording all of the documents necessary to finalize the subject transactions, and will distribute to the appropriate parties the remaining documents that I have been holding in escrow. If you have any questions, please call. DSP/dl cc: Raymond Rea, Esq. Allen Martincavage, Esq. ~Peter Cheney Marshall Emas, Esq. Gene Moore, Esq. Sincerely, David S. Pressly .i? CEIVED AUG?~ 1987 ~ "~,¥ MA'~GER'S OFFICE 1739Z/2