O88-22ORDINANCE NO. 88-Z~
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 R-1AAA (SINGLE FAMILY
RESIDENTIAL), TO PLANNED UNIT
DEVELOPMENT WITH A LAND USE INTENSITY OF
4 (PUD LUI= 4), SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THATALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLIC LE ORDINANCES OF THE OF
BOSTON BEAC , FLORIDA PROVIDING A
coNFLIcTs cLAu E, ASEVERABILI CLAUSE,
PURPOSES.
W~REAS, 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
~, Land Design South, as agent for the owners of
the subject parcel, 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 20.16
acres (±) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-IAAA (Single Family Residential), to Planned Unit
Development with a Land Use Intensity of 4 (PUD LUI 4); and
W~REAS, the City Commission deems it advisable to
amend the aforesaid Revised Zoning Map as hereinafter set
forth.
NOW, T~_EREFORE, BE IT ORDAINED BY T~E CIT~/ COMMISSION
OF T~E CI~"fOFBOYNTON BEACh, FLORIDA:
Section 1: That the following described land,
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from 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) specifically
in accordance with staff comments attached hereto as Exhibit
"B".
Except as provided herein, the Applicant 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, and all rules and regulations of the State of
Florida, Department of Environmental Regulations.
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.
FIRST READING this
1988.
day of
SECOND, FINAL READING and PASSAGE THIS ~/~. day of
O]~~ , 1988.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST
Commissioner
'commissioner
city C~k -
3
EXHIBIT "A"
Tracts 121, 104 and 89 less the west 25.0 feet thereof;
Tracts 90, 103 and 122 less the East 260.0 feet thereof;
Tract 72 less the north 60.0 feet and less the West 25.0
feet thereof; Tract 71 less the North 60.0 feet and less the
East 260.0 feet thereof; All being a portion of Palm Beach
Farms Company Plat No. 8, recorded in Plat Book 5, at page
73, Public Records of Palm Beach County, Florida.
containing 20.16 acres, more or less (gross and net)
Also described as follows:
A parcel of land in Section 30, Township 45 south,
Range 33 east, Palm Beach County, Florida, being more
particularly described as follows:
Commencing at the south quarter corner of said section,
run thence north 01°10'26'' east along the north-south
quarter section line 40.0 feet; thence east 40.0 feet to the
point of beginning of the herein described parcel; thence
continue east 351.64 feet; thence north 01°04'28'' east
2513.64 feet, to a point in the south right-of-way line of
Lake Worth Drainage District Canal L-25 as same is recorded
in Official Record Book 2063, at page 1416, Public Records
of Palm Beach County, Florida; thence south 38°49'00'' west,
along said right-of-way line 347.30 feet to the easterly
right-of-way line of a road right-of-way as is recorded in
Official Record Book 2075, at page 572, Public Records of
Palm Beach County, Florida; thence south 01°10'26'' west,
along just said right-of-way line 2512.61 feet to the point
of beginning.
Containing 20.16 acres, more or less (gross and net).
4
EXHIBIT "B"
MEMORANDUM
18 April 1988
TO:
FROM:
RE:
Peter L. Cheney, City Manager
Carmen S. Annunziato, Planning Director
Knuth Road - Tara Oaks Rezoning
At the Planning and Zoning Board meeting of April 12, 1988 the
Board conducted a Public Hearing on the proposed Lakes of Tara
rezoning from R-iAAA to a Planned Unit Development. The proposed
PUD provides for the construction of 78 single-family detached
homes on 20~ acres. The gross density is 3.9 dwelling units per
acre.
~The primary point of discussion concerned the construction of
Knuth Road as a collector roadway between Woolbright Road and the
entrance to Banyan Creek - a uotal of approximately 3,700+ linear
feet of which 1,100 feet lies north of the proposed project. At
the hearing, the developer, Mr. Barson, objected to the unusually
burdensome requirement of having to construct Knuth Road along
this entire frontage (2600 linear feet) on the basis of 78
dwelling units. This requirement is, however, consistent with
the City's adopted policy which requires the construction of
public roadways adjacent to proposed projects (see attached)
including crossing of LWDD canals.
As a follow-up to the meeting, discussions were held between the
City's staff and the developer and the City's staff and the Palm
Beach County Traffic Engineer's Office. Conclusions reached were
as follows:
Knuth Road is not a County Thoroughfare Collector and that it
can be permitted and constructed by the City and to City
standards.
0
Because of the unusual configuration of Mr. Barson's
property, 2600~ feet of frontage on Knuth Road plus an
additional 300+ feet to cross LWDD canals and to tie into
Woolbright Roa~ to the south, the cost per unit of roadway
improvements was unusually high.
3. Road impact fee monies may be available to assist in the
construction of Knuth Road. Based upon the abovementioned
considerations, an agreement in principle was reaChed as
follows:
The City of Boynton Beach will issue permits ~for the
constructionlof Knuth Road consistent with the City's
standards for roadway construction.
Mr. Barson agrees to prepare plans and specifications for
the construction of Knuth Road from Woolbright Road to
the entrance to Banyan Creek.
Ce
Mr. Barson agrees to pay road impact fees in connection
with the construction of the proposed 78 dwelling units.
de
Mr. Barson will construct Knuth Road from~Woolbright Road
to the southerly limit of LWDD Canal #25,
ee
The City will solicit assistance from Palm Beach County
to utiliZe road impact fee monies to construct Knuth Road
from the southerly limits of Knuth Road to the entrance
to Banyan Creek.
~This proposed agreement addresses the issues raised at the Board
hearing and approval is recommended, subject~to the agreement
where it conflicts with previous comments and subject.to other
previously transmitted recommendations.
/bks
CAREN S. NUNZ
Ave. and S.E. Ave., will be borne
_ which abut this street.
by the developers of the properties
3.5.8.12. Construction of Roads--by Developers (new section)
The following: roads should be constructed by developers and at
the expense of developers, wherever possible:
3.5.8.12.1. Connect Meadows Blvd, to Lawrence Road at two
locations. The two rights-of-way which presently extend west from
Meadows B~vd, (in the Meadows 300 P,U,D,) should be extended through to
Lawrence 'Road as public roads, Construction o1 these roads Is desirable
in order to more tully Integrate future developments Into the City.
These roaids should be constructed by the developers of the properties
which lie to the west of the Meadows development.
3.5.8.12.2. Construct Knuth Road as a collector, from Old
Boynton Road to Woolbright Road. Construction of Knuth Road will serve
to relieve congestion on Congress Avenue and will provide access to the
property which lies along the western City limit, between Boynton Beach
Boulevard and Woolbright Road. Knuth Road should be built as an urban
collector In a minimum 60 foot right-of-way, between Old Boynton Road and
the L-25 Canal, and an 80-foot right-of-way between th L-25 canal and
Woolbright Road. The costs of acquiring the right-of-way and
construction of the road should be borne by the developers of the parcels
which lie along this corridor.
3.5.8.12.3. Construct S.W. Congress Blvd. from Congress Avenue
to the future Knuth Road corridor, as a public street.
3.5.8.12.4. The recommendation that S.W. 8th Street be provided
as a collector road between Woolbright Road and West Ocean Drive has been
deleted, since these this road would cross an area which is the subject
ota pending lawsuit.
3.5,8.12.5. The recommendation that a public collector road and
railroad crossing be provided to serve the. industrial property east of
the Seaboard Airline Railroad, between Boynton Beach Boulevard and
Woolbright Road has been deleted, since this road would cross an area
which is the subject of a pending lawsuit.
3.5.8.12.6, Construct the following Streets in the northeastern
portion of the City: N.E. 4th Street from N.E. 16th Ave. to N.E. 20th
Ave., N.E. 17 Ave. to N.E. 4th Street.
3.5.8.12.7. Construct S.W. 2nd Street from S.W. 31st Ave to S.W.
34th Ave,
3.5.8.12.8. Widen ~he right-of-way and pavement on the street
which runs along the east side of the new Post Office, where this street
197
MEMORANDUM
March 28, 1988
TO:
F ROM:
RE:
Mr. Jim Golden
Senior City Planner
Tom Clark
City Engineer
Master Plan, Tara Oaks
COMMENTS:
1. A right turn storage lane should be provided on Knuth Road
at the intersection with Woolbright Road.
2. ~The sidewalk construction in Knuth Road should continue to
Woolbright Road.
TAC/ck
Tom Clark
Utilities Department
Developer to dedicate a
30 by 30 foot wide parcel
for the proposed lift
station
MEMORANDUM
March 29, 1988
TO:
FROM:
RE:
CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
TARA OAKS PLANNED UNIT DEVELOPMENT-
STAFF COMMENTS
Please be advised of the Planning Department's comments in
connection with the above-referenced rezoning request:
Right-of-way for S.W. Congress Blvd. and Knuth Road
to be dedicated to the City of Boynton Beach within
sixty (60) days of zoning approval.
It is recommended that the intersections of S.W~ Congress
Boulevard/Knuth Road and Woolbright Road/Knuth Road be
constructed to provide for right and left turning lanes.
3. Developer to construct Knuth Road and S.W. congress
Boulevard in accordance with policies set forth in the
T~affic and Circulation Element of~the City of Boynton ,
Beach Comprehensive Plan Evaluation and Appraisal Report.
4. Developer to complete the roadway improvements outlined
under no. 2 and no. 3 above prior to the issuance of a
Certificate of Occupancy.
5. Project signage requires site plan approval.
A detailed landscape plan must be submitted at time of
preliminary plat approval for review by the Technical
Review Board and Community Appearance Board.
e
It is recommended that the applicant receive credits
against his road impact fees because of the substantial
off-site improvements required.
CSA:ro
cc Central File
MEMORANDUM
TO:
FROM:
DATE:
RE:
Carmen Annunziato, Planning Director
Kevin J. Hallahan, Forester/Horticulturist
March 29, 1988
Tara Oaks
This memorandum is in reference to the above project.
There are numerous Live Oak and Scrub Oak trees
throughout the site which require the applicant to
submit a written Tree Management Plan. This plan
should include:
e
a listing of all existing non-exotic trees with
dimensions of height, diameter and quantities.
a plan showing what trees will be preserved,
transplanted, available to the public and removed.
a report in this plan of the flaura and fauna
inventory on the site.
a determination that the site requires a 25%
preservation, due to the comprehensive plan
requirements.
the plan follows all the'on-site requirements of
the Tree Preservation Ordinance ~81-21.
the above information should be provided by the
applicant to the Planning Department prior to the
final plat submittal.
~e~in J. Hal~ahah- ~-~
Forester/Horticulturist
KJH:ad
DOC:TARAOAKS
RECE .ED
PLAN NIN(~ DF_PT,