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LEGAL APPROVAL VIII. DEVELOPMENT PLANS t-.FfA~k" P y yv\\ C ~. \p\1\P(1 ~~ tv-~ ~/ A. Boynton Nurseries Master Plan Modification Tambri Heyden, Planning and Zoning Director, stated that Kilday and Associates is requesting approval of a modification to their 1990 master plan. The PUD is located on the west side of Lawrence Road at the northwest corner of Lawrence Road and the L.W.D.D. L-21 Canal. A number of modifications are being requested. The first one is a reduction in the total number of units from 400 units to 374. The next is a change in the type of units. The first approval included a mixture of single-family and multi-family units a ratio of 162 single-family to 238 multi-family. The single-family was a 6,000 square foot lot size and the proposal before us tonight is all single-f mily with two types of units, a "Z" lot line on 4,000 square feet (231 of those types of units) and a zero lot line product (143 of these types of units) and ~' ey would be a 50' x 100' wide lot. The project also includes phasing. The ra n for the phasing is that because phase I would include all but 48 of the units. The reason for this is that even though there is a reduction in the total numb of units, because of the difference in the types of units, there is a differe ce in the traffic generated (a slight increase). To avoid certain road improvements to be attached to this approval, a phasing plan is being proposed for the remaining 48 units of the project. Because of the decrease in the number of units, there is a decrease in the water and sewer demand, as well as the population that can be expected through this project. There is also a change in the pod layout and the access points to the pods, and there is an establishment of the local streets to the pods, which was not included in the original master plan. This is a 40 foot wide street with a sidewalk on one side, 4 feet wide, and those will be private streets. There is also an alteration in the size of the preserve area, which has been reduced in size and the location has moved. There is a change in the lake sizes and the location of the storm water management tracks. There is a reduction in the size of the public park to be dedicated, a decrease from 2.84 acres to 2.5 acres. There is a reduction in the width from 25 feet to 5 feet for the PUD perimeter along the south boundary of the PUD. Lastly, a condition of the original master plan was that prior to platting, the project come back before the Commission for a master plan modification approval because the origi- nal master plan did not establish lot sizes and lot layout. The master plan tonight shows a proposal for lot layout and lot sizes. The building setbacks are proposed at 20 feet to the garage, 15 feet to the house. A 15 foot rear setback is being proposed for all units that back up to one another, and a 10 foot rear setback for units that back up to a lake, a pre- serve, or the perimeter of the PUD. A 10 foot side setback is proposed for the non zero portion of the property line. On the corners, 13.5 feet is being pro- posed. Regarding screened enclosures, the setback for "Z" lot line units, zero feet is being proposed when the unit abuts a lake or preserve, and a 10 foot setback for the side. For zero lot line units, the proposal is a zero foot rear setback when it abuts a lake or preserve, a 5 foot setback when the units back up to one another, and a side setback of 10 feet, 13.5 feet for corner lots. If the City Commission detenmines that this is a substantial change, the appro- val would necessitate a rezoning. If the City Commission determines this is not a substantial change, it is forwarded to the Planning and Development Board for final approval. Staff reviewed this request for consistency with the PUD regulations, the intent and purposes of PUDs, and consistency with the Comprehensive Plan. Staff was concerned with the buffer widths, the recreation area, the lot sizes, the lot widths, and setbacks. A buffer is proposed around the entire PUD perimeter. The landscape area being proposed is part of an easement rather than a dedicated tract. The problem is that the long tenm integrity of that buffer is jeopardized when treated as an easement rather than a dedicated tract and it is difficult to ensure that that buffer is always going to be there. In addition, staff recommends that the 25 feet be maintained along the entire PUD boundary as originally proposed, with the exception of the south boundary, which will have a 5 foot landscape buffer. In response to Commissioner Aguila regarding the continuity of the buffer, Ms. Heyden stated that what ends up happening, with or without permits, people start putting up fences to enclose the area to make their lots seem larger. Commissioner Aguila asked who would be responsible for maintaining the 25 feet to the overall PUD property line. Ms. Heyden advised that staff recommends it be dedicated to the homeowners' association. Ms. Heyden said the purpose of the buffer is to buffer this project from the property to the north. With the number and type of units shown on the original master plan, the total dedication for recreation was 6.75 acres. Fifty percent of that was to be satisfied by providing private recreation, leaving approximately 3.3 acres to be dedicated as a public park. When the project when through the public hearing process, the City Commission approved the project with a 2.84 public dedication and the balance of a cash payment equivalent to over half an acre to pay the City at time of platting. We have a Comprehensive Plan policy regarding this particular neighborhood planning area. Knollwood Groves is an area we needed to get a neighborhood park. The intention was to secure a neighborhood park in this area, to get 2.84 acres in this corner and that when the property to the north came in, we could assemble those two properties and hopefully would end up with a 5 acre neighborhood park. The concern here is that there is, as part of their proposal, a reduction in the acreage to 2.5 acres, the difference to be paid in cash. If this were to occur, we would be at further risk of not getting the 5 acre park when the property to the north came in. Regarding lot sizes and setbacks, we put together a chart which lists the PUDs within the City that have minimal lot sizes and setbacks, etc. The smallest front building setback is currently 18 feet. The smallest rear building setback is currently 10 feet. The smallest side building setback is 10 feet. Minimum lot size is 4,500 square feet. It is a 50 foot wide lot in Boynton Lakes. With respect to screen enclosures, the minimum thus far in the City has been established as a minimum rear setback of 5 feet, zero feet when abutting a lake, and a minimum side setback of 8 feet. Ms. Heyden stated that staff has had technical problems with this progression over the past ten or fifteen years with smaller and smaller lot sizes. Staff has been seeing a progression of smaller lot sizes and larger homes on lots, and a narrow building separation. With these smaller and smaller lot sizes staff has been seeing, we have run into some technical problems. These smaller and smaller lot sizes have come with larger and larger homes, increased lot coverage, decreased permeability, and narrower and narrower building separa- 2 tions. That makes it really tough for emergency personnel to park their large vehicles and get their equipment in between these buildings. Another problem that we had have. and it is becoming more and more prevalent. is parking. When you have a very narrow lot width. and you have a building setback that is very close to the street edge. you have a very shallow and narrow driveway. We are seeing a lot of parking on streets and swales and across sidewalks, and it causes damage to swales and the sidewalks. Staff recommends that the City Commission make a finding of no substantial change for this modification, subject to the staff comments. This recommen- dation is based on approving this request for at minimum no less than the stan- dards that have been approved in other PUDs in the City to date. That would be establishing within the Boynton Nurseries a minimum lot size of 4.500 square feet, a minimum lot width of 50 feet, and the rear setback for the screen enclo- sures. even those that abut the lakes and the open areas. that they be increased to 5 feet rather than zero, which is being proposed, and that all side and building separations been maintained at 10 feet and that the rear setbacks for the screen enclosures that back up to other lots be increased to 8 feet. In response to Vice Mayor Matson, Kieran Kilday of Kilday & Associates, advised that double driveways have been provided throughout and are 16 feet. Commissioner Katz felt the Planning Department should continually look at net useable acreage. This property is 83.81 acres. However, the net useable acreage is 57 acres. They have decided to reduce the number of units, but the actual unit per acre is almost a 50 percent increase over what is allowed. He felt the site it too dense and should only have 220 to 230 units. He felt the 2.84 acres should be dedicated to the City for a public park. He felt the pre- serve area should be 25 percent of the gross acreage of the property, which would further reduce the net useable property, but he did not think this would be fair. He felt we should go to the net useable acreage, give this man his 4.46 allowable density, and multiply it by that, and then do the project from there. Mr. Kilday stated that there is a zoning approval on this property, the density issue has already been approved by a previous Commission, and he is working within the parameters of that approval to make the modification. He stated that ~e final traffic re~~rt_gQ~ot_require phasing of the project. Therefore. he- is not requesting this modification. He advised that 2.84 ac~ will be dedi- cated for a park site if that was what was approved. Alan Fant, Vice President of GL Homes, stated that GL Homes is the second largest single-family home builder in South Florida and lives up to high stan- dards. GL Homes develops 24 foot wide streets, puts curb and gutter in, has 40 foot wide rights-of-way, and has a sidewalk, at least one one side, in all com- munities. Mr. Fant described the site plan and the units. He stated that GL Homes offers 15 different product types. GL Homes is not trying to put any more units on the property than what is allowed. To the contrary. GL Homes is reducing the units from 400 to 376. Mr. Kilday addressed the staff comments. With regard to EnQineering Department Memorandum No, 94-255 about wideni ng the dri veway widthsto fa feet, Mr. Kil day stated that there is a two car driveway for all units, of 16 feet. 3 With regard to n ineerin Department Memorandum No. 94-288, there was a suggestion that the lake area sown runn a ong awrenc~oad on the front of the property also have a guardrail across the entire lake. Mr. Kilday said this lake has been set back to DOT standards and has been reviewed by the City's Engineering Department, as well as the County Engineering Department, and a guardra il woul d not be requi red. The 1 ake meets all safety standards-:---- Mr. Kilday referred to t~e Memorandum to Ms. Heyden from Michael Haag, the Zoning and Site Development Administrator, dated September 29------1994. He stated that comments 2, 9, 10. 12 and 13 are redundant due to the submission of the new traffic statement. '. Wi th regard to the proposed landscape .bJ.1f.far a 1 on9 the SQuth ..(ana 1 ,.-1.i.ll.a-, item ~umber 3, Mr. Kilday stated that the recent master plan indicates strictly a 25 oot setback as opposed to a specific buffer. We have requested that a landscape buffer 5 feet be allowed on the south property line, along with another 5 foot setback, making it a 10 foot setback. The reason for this is that we are being required to dedicate to the drainage canal an additional 35 feet. He felt there was no need for additional buffering because there is significant buffering there already from the canal right-of-way. Mr. Kilday agreed to However, he requested r 14 With regard to it~m number 13. Commissioner Aguila was concerned with a decel- eration lane or additional turn lanes to access this site. Traffic Engineer Rob Rennebaum with Simmons & White, explained that exclusive left turn lanes were recommended at both project entrances. G.Qming from the north, the__r.ighLturn__ lanes are not warranted based on P~Jm Be&ch C1).YIit.Y-.-9-uideliJH~_~. Therefore, he (-no r1ght turn---,-aneswere-re-commended. ~ommissioner Aguila feYt this was a mi stake. He expressed concern about a right turn 1 ane at 'lmthentraffces~'-.-- "- --. With regard to itellJ RblRlger -1~ardin9 !helanc1Ka.pJL-buffe'F-; Mr. Kilday stated that having done many projects with similar buffers, GL Homes has found that having the property association responsible for policing the buffer has worked we 11, Ql!t actuA.Lmainten&ntjL-.QL1he_bJ.lif~LM~---9~ra l1.Y-1leen. assj-Qnad--to-.tlle---~ ~divid~rQQerty_.owners that abut it..One of the reasons is that normally tl)e lrrigation s,tstem put in to_JncJJ!g~!b.~~liffer '_S~Jloo_~d-=_~~~.:::Ul-e.-i-ndiv-i-=- .~ual unit's irrigatlon system. This has not presented a problem in the past. - Even if the assoclatlon 'Owned-the tract of land, if someone puts up a fence, the association has the right to tell them to take it down. However, it does create ~b ekwhat or a ~Ob~ ~ t~ril of-.tb.e_~ck~_be~.~_l!.~~ insom~~~!_._~he___set..:- ---_ t......._ac s over ap so~ 8 u ~r:..~I:~.~__~_ . With regard toJ....tem 1Q1.a.) regarding larger homes being built on smaller lots, Mr. Kilday state~-this plan was designed to meet the LUI requirement. We cannot have increased lot coverage. A concern was raised at the TRC meeting regarding monitoring the different units and different floor areas. At that meet i ng, ~ create quarter~ monitoC!!!a-9.L.t.h.e......t.}lpas of urU.t.L,gQ_i n-9-_~ the lots as a condition to approval. "'--- -- With regard to the separation of the buidings becoming smaller and smaller, Mr. Kilday stated that we have maintained throughout the project 10 foot separa- tion of the units. That has been the standard separation as the other projects approved within the City. We did ask for less setbacks on the screen 4 enclosures. However, in reading the staff report, we have agreed to the staff recommendation, and we will make the screen enclosures meet the setbacks recom- mended by staff. From a side to side basis, we have stipulated our screen enclosures will have the same setbacks as the permanent structures so that there is a permanent 10 foot minimum width going through the building. As different unit types are placed on the lots, many areas get bigger, because of the architectural detailing, many times we exceed the minimum setback. With regard to parking, Mr. Kilday stated that an 80 foot separation is pro- posed. This separation is made up of a paved area, a concrete Miami gutter, and six feet of landscaping on each side. One side has a sidewalk. The effect of having that extra curb and extra width of right-of-way is that the cars in the driveways get pulled back off the road. We have not taken out depth of the lot to create that walk. We have provided two outdoor parking spaces per unit, and many of the units have two car garages as well. Mayor Harmening asked if the units that have one car garages still have the wide enough driveway to park two vehicles. Mr. Kilday answered affirmatively. ~ which recommends that the two story homes located on the "l II lots be limited to a minimum distance in any direction of 160 feet between the lot lines of any two story home, Mr. Kilday felt this is too rigorous a standard to apply and this has not been required of any of the other projects. There are fifteen different unit types. He estimated that half of them will be single story and half two story. -.He advi sed that GL Homes has some i nte.Lo.gLrJ.lles___~ ~t all~n9 too many units of the sam~ type in ~ row._ In response to Mayor Harmening, Ms. Heyden stated that the 160 feet is based on four 40 foot wide lots in a row. She pointed out that the color renditions do not show that when you have the "l" lot line, although there is a 10 foot building separation, from the street you only see a 5 foot distance between the two buildings. Staff feels that this, along with a two story building, presents a very dense appearance. Mr. Fant advised that this concept was done intentionally to break up the units and streetscape. In addition, he explained that where we have two story units, they are not even 20 feet next to each other. With regard to item 18, Mr. Kilday agreed to dedicate 2.84 acres for the park. Vice Mayor Matson's concerns (parking, screen setbacks, and public park dedica- tion) have been addressed to her satisfaction. With regard Ms. Heyden's argu- ment about seeing only 5 feet from the street, she would rather not seen an open expanse between every house and she would like to see something architecturally different from home to home. If there is nothing detrimental to the health and welfare of the residents, turning out back on smething that is going to bring a higher assessed valuation and bring a bigger tax base into the City. Commissioner Katz had a problem with the density. He said it is not 4.46 units per acre; it is closer to 7. In response to Commissioner Aguila, Mr. Fant agreed to put in the right turn lanes. 5 Motion Commissioner Aguila moved to authorize staff to take this to the Planning and Development Board with a finding of minor modification. Referring to the com- ments and recommendations set forth in the September 29, 1994 Memorandum to Ms. Heyden from Michael Haag, the Zoning and Site Development Administrator, Commissioner Aguila numbers 3 6 ~_He add,e.'L.J~-=- ,bage "if warrant~o item number 4. Vic Mayo Matson s onded the motion, which carried 4-1. CorrmfssToner'"K z-'~c' st t e dis nting vote. r~1 J ,,{' A# IL~ I ~ I / fr/:? Vl"f/I , Of J-7 rp/Pf (~ rxJ J V'2 nL~ J- ' 170 6 ~ w~d~ t /lbt rl (oJ. ,~r .-.,., f~l1 .::tt-- o.f: i p 6~ - ~ r ~ ~ rrFie City of t:8oynton t:8eac/i 100 'E. 'Boynton 'Beadi flJoufevarrl P.O. 'Bo~310 'Boynton'Btadi, 7fori.tIa 33425-0310 City 9fafI: (407) 375-6Q()() 1'JU: (407) 375-6()9() #- ~'-- iJ~~ ~~fr5 .~f~~. 17 ._, ~..- " It has been brought to my attention that there may be some misunderstandings regarding the manner in which the City's water conservation policies are being implemented. Specifically, the idea that the City does not allow irrigation of single family lots using water from our municipal potable water system is not the current policy of the City. October 17, 1994 Mr. Gary Lehnertz, Chairman Planning & Development Board 619 SW 2nd Avenue Boynton Beach, FL 33426 ~ Dear Mr. Lehnertz: The principle features of our water conservation policy are as follows: 1) Utilizing non-potable water sources (i.e. ground water or surface waters) to irrigate large "common-areas" within P.U.D.'s and commercial developments, when these alternate sources are available. 2) Implementation of an inverted rate structure for potable water, which establishes higher unit prices as more water is used during a single month. This type of rate structure encourages conservation, while maintaining lower rates for small-volume users. 3) Constructing an Aquifer Storage and Recovery (ASR) well, which allows the city to store up to 60 million gallons of potable water underground during rainy periods, and recover this water for use during dry periods. This practice effectively reduces the withdrawal impact on the water supply aquifer, thereby saving water during dry periods. 4) Encouraging Wastewater re-use, primarily among large users of ground or surface waters at this time. The city included funding in its Series 1992 Utilities Bond issue for the development of wastewater re-use facilities. jifmerial s (jateway to tlie (julfstream .., .."" Mr. Gary Lehnertz October 17, 1994 Page 2' f,. ; .,...., ~ I l ("-l I " ~''"(1~.;~:~:peq~iring low-flo~ fixture units in new ~Iumbing, which reduces the amount of ,.... -;,-~"~~fer.tJSed through sinks, showers and tOilets. 6) Requiring new landscaping to utilize at least 50% native species, and encouraging xeriscape-type landscaping which features drought tolerant species, and mulched areas to retain moisture. 7) Requiring low-demand irrigation systems including rain sensors. As you can see, our water conservation policy is a varied approach toward minimizing the waste of a valuable resource, without placing an unreasonable cost burden upon the end user. Th~ prohibition of using rot~hlA wBter to irrigate single family lots is not a code requirAmAnt at this ti~. I hope this clarifies any questions the Board may have regarding the City's policy on the use of potable water. Sincerely, CITY OF BOYNTON BEACH ~~ ......... Carrie Parker City Manager CP:jc c: Mayor & City Commission John Guidry, Utilities Director Tambri Heyden, Planning Director Members of Planning & Development Board Central File lehnertz AffC'/L ..' .\ -: A r, /.'('~, \ 4)>'\ " l-.- jJ ( /.) i?/, 1/6 ,.> ~ JPfJI1 ~ \?Vy,vil S VIII. S 3 BOYNTON BEACH CODE address of the developer; date; northpoint; streets; general lot and block layout; layout of all adjoining streets; zoning classification of the tract and adjacent properties; location of existing improvements and any other significant features. 3. A fee as adopted by resolution of the city council is required with the pre-application, to help defray the cost of processing the pre-application. B. Upon receipt of the statement, plan and fee, the city planner's office shall disperse copies to the city manager, technical review board members, the city clerk and, if required, the city's consulting engineers. The city planner will then advise the developer of the time and place of the planning and zoning board meeting. After consultation with the city engineer and the planning and zoning board, the developer may proceed with the preparation and formal application for apprQval of the master plan as required by this ordinance. (Ord. No. 86-4, ~ 15,3-18.86) Section 4. Master plan. A. Seven (7) copies of the master plan of the proposed subdivision must be submitted to the city engineer's office for placement on the technical review board agenda. B. The developer shall retain the services of an engineer or surveyor registered in Florida, to prepare the master plan of the subdivision and shall employ a land planner, landscape architect, architect or other technical or profes- sional services to assist in the physical lotting patterns and site plan. The master plan shall be coordinated with the major utility suppliers involved with providing services. C. The master plan, when submitted to the office of the city engineer. shall contain the following: 1. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in incorporated or unincorporated areas of Palm Beach County. Supp. No. 25 2096 1ft m:.k f 10!~ ( d- fi 10. /~ ~ .,,~ ~~~~ /~, .I " , ~.. ~ APPENDIX C-SUBDIVISIONS, PLATTING Art. VIII, 14 2. A vicinity sketch showing the location of the tract in reference to other areas of the city or county. 3. North arrow, graphic scale, scale and date. 4. Name, address and telephone number of the developer, along with the name and address of the engineer and surveyor responsible for the plan, plat and supporting data. 5. The location and names of adjacent subdivision, if any, and plat book and page reference. 6. The tract boundary with bearings and distances along with a written description. 7. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes and other significant features. 8. All existing streets and alleys on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. 9. All existing property lines, easements and rights of way, their purpose, and their effect on the property to be subdivided. The location and right-of-way width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. 11. The incorporation and compatible development of present and future streets as shown on the official city map when such present or future streets are affected by the proposed subdivision. Access points to collector and arterial streets showing their compliance to the access requirements estab- lished by this ordinance. 12. 2097 Art. VIII. I " BOYNTON BEACH CODE Ground elevations by contour line at intervals of not more than one foot based on N.O.S. datum or as otherwise determined by the city engineer. All. existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. 16. Zoning classification of the tract. 17. Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including existing or proposed water treatment plants and sewerage treat- ment plants. The master plan shall contain a statement that all utilities are available and have been coordinated with all required utilities. 18. Sites proposed for parks, recreational areas, and schools. 13. /14. ~ r / 15. / J1 ~ ~ ~y 19. The locations of all temporary structures or permanent structures having a temporary use. In addition, master plans or site plans showing permanent structures having a temporary use shall contain a statement outlining the temporary use. Master plans or site plans showing temporary structures or permanent structures having a tem- porary use shall be reviewed by the city building official at least eishteen (18) months from the last approval date. Following approval of a master plan or site plan, such structures may be erected prior to plat recorda- tion. All such permit and construction requirements of the building department, including but not limited to Chapter 5 and Chapter 13, Article II, of the City of Boynton Beach Code of Ordinances shall be satisfied. D. A subdivision that generates three thousand (3,000) vehicle single-directional trips per day or two hundred fifty 2098 APPENDIX C-SUBDIVISIONS. PLATTING Art. VIII. 5" (250) vehicle single-directional trips in a one hour period must submit, along with the master plan, a traffic impact analysis. The traffic impact analysis shall be prepared by a professional engineer competent in traffic engineering and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the develop- ment, and the phasing of improvements. E. A master storm water management plan outlining the primary and secondary drainage and storm water treatment facilities needed for the proper development of the subdivi- sion, excluding tertiary facilities, which are required on construction plans, shall be submitted along with the master plan. The master storm water management plan shall consist of engineering drawing and a written report indicating the method of drainage. existing water eleva- tions, recurring high water elevations, the proposed design water elevations, one hundred-year storm elevation, drainage structures, canals and ditches, the storm water treatment methods, necessary percolation, detention and management areas, and any other pertinent information pertaining to the control and management of storm and ground water. In cases where modification or improvements are neither planned nor required for primary and secondary drainage facilities, this requirement may be accomplished by so indicating on the master plan. F. Upon filing the master plan with the office of the city engi- neer, the developer shall pay a fee as adopted by resolution of the city council. The fee is not reimbursable but is to help defray the cost of administering and processing the master plan. If more than one resubmittal of the corrected or revised master plan is required by the technical review board an additional fee as adopted by resolution of the city council shall be charged for each resubmittal. G. Upon receipt of the master plan and required data, the city engineer's office shall disperse copies to the members of the technical review board and the Palm Beach County School Plant Planning Department and [shall] advise the developer of the time and place of the technical review board Supp. No. 25 2099 -. -_.,--'_._------~ ----"'--~. Art. VIII. S 4 BOYNTON BEACH CODE meeting. The meeting of the technical review board shall be held within fourteen (14) days from the receipt of the master plan. . H. The technical review board shall hold its meeting as required and shall review the master plan and required data with the developer. During consultation with the developer, the city engineer shall inform the developer that the plan and data as submitted do or do not meet the provisions of this ordinance. 1. When the technical review board finds that the master plan and required data do not meet the provisions of this ordinance, it shall advise the developer at the time of the meeting what corrections or revisions are necessary to meet the provisions of this ordinance and shall, within seven (7) days, express the reasons in writing to the developer. Upon such findings, the developer shall make the corrections or revisions and resubmit the master plan and required data to the office of the city engineer for dispersement to the members of the technical review board. The technical review board shall reschedule the matter for review and inform the developer as to the time and date of the meeting. 2. When the technical review board finds that the master plan and required data meet the provisions of this ordinance, the technical review board shall at the time sign the master plan indicating approval and transmit the master plan to the planning and zoning board. The planning and zoning board will (subject to approval) then authorize the developer to proceed with the preparation of the construction plans and preliminary plat as required by this. ordinance. ,The planning and zoning board shall express its actions in writing to the developer within seven (7) days and return to him a signed copy of the approved master plan. (Ord. No. 86-4, ~ 16,3-18-86) Section 5. Construction plans and preliminary plat. A. PREPARATION, SUBMITTAL OF CONSTRUCTION PLANS, PRELIMINARY PLAT. Upon approval of the master Supp. No. 25 2100 II -/( ffJ &d) 1/ ~ -+r\'h ~,I puo 1 /lI/4s;1!:r: t~^, ,-- ,\TiJ ND,er:-f...~ J ~ ~J~ ~~ See.S BOYNTON BEACH CODE ( Section 5. Minimum land areas for PUD. A tract of land proposed for zoning to PUD at a request LUI rating shall contain minimum acreage in accordance with Table 1 above. Lesser areas than those set out in Table 1 may be approved for pun in a specific case upon findings by the planning and zoning board and the governing body that particular circumstances justify such reduction, that the requirements for PUD and the benefits to be derived from pun can be met in such lesber area, and that permitting such lesser area for pun is in conformity with the comprehensive plan. Section 6. Unified control. All land included for purpose of development within pun district shall be under the control of the applicant (an individual, partnership, or corporation or group of individu- als, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed pun. The applicant shall agree to: A. Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to pun; B. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to pun and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and C. Bind their successors in title to any commitments made under A and B above. All agreements and evi- dence of unified control shall be examined by the city attorney and no zoning of land to pun classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regula- tions. ( 2018 l APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 9 Section 9. Interna) PUD standards. In addition to the standards set in section 4, Table I, of these zoning regulations, the following standards apply within a PUD District: Supp. No. 44 2020.1 ( ( .~ i- / ~ APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 4 space, off-street parking, and other matters. The various ratios, based on LUI ratings, shall be as shown on Table 1. TABLE 1 LUI RATINGS WITH STANDARD RATIOS LVI LUI LVI _ LVI LUI 3.00 4.00 5.00 6.00 7.00 Minimum lot area (in acres)-Residential uses only: Minimum lot area (in acres)-With com- mercial uses: Maximum percent of total land area which may be used for commercial purposes: Floor area ratio (FAR):- Open space ratio (OSR): Living space ratio (LSR): Recreation space ratio (RSR): 0.25 0.18 0.12 0.09 0.07 -As indicated and referenced by HUD Publication #7. Minimum standards for multi-family housing shall be those minimum standards as set forth in the Standard Building Code. 25 20 5 15 10 100 80 20 60 40 5 0.10 8.00 6.20 5 0.20 3.80 2.60 8 0.80 0.80 0.50 10 1.60 0.43 0.27 6 0.40 1.80 1.10 Application of above ratios: FAR X lot area = Maximum permitted floor area. ./ Actual floor area X osa = Minimum required open space. Actual floor area X LSR = Minimum required living space (not for automobiles), part of required open space. Actual floor area X aSR = Minimum countable recreation space, part of required living space. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, and the like; and requirements deriving from floor areas shall include such floor area. 2017 ( -tl) / /' APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 9 A. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permit- ted uses shall not be required to front on .a dedicated public road. . ~B. *~ ,t (/ /~ \ D. COMMERCIAL STANDARDS. Commercial uses 10- / cated in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area within a PUD which may be devoted to neighborhood commercial uses, including required off-street parking requirements, is governed by Table 1, section 4 and section 9C. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project. E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general geographic area may be overhead. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted 2021 ,-:::f , ( f'J I ~ j'll" ___ l INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or mini,plum yards shall be required; provided, however, ~UD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resemblei>and(that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone) C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking requirements shall in no event be less than two (2) spaces per dwelling unit. Other off-street parking and loading requirements shall be governed by the zoning ordinance. ,; / Sec. 9 BOYNTON BEACH CODE ( from this requirement. Primary facilities providing service to the site of the pun may be excepted. Section 10. Procedures for zoning of land to PUD. The procedures for zoning of land to pun classification with a specific LUI rating shall be the same as for ~ning land generally. Because of the differences between PUD developments and the concept of unified control in development, however, the following procedures and requirements shall apply to applications for zoning to PUD classification, in addition to the general requirements: A. APPLICATIONS; MATERIALS TO BE SUBMIT- TED. In addition to information required for applica- tion for zoning generally, the applicant shall submit the following materials or data: 1. Legal documents assuring unified control of the proposed pun and the agreements required under section 6. 2. A statement as to the LUI rating sought for the pun and such supporting evidence or documenta- tion as the applicant may feel is pertinent to enable the planning and zoning board and the governing body to determine whether or not the LUI rating requested is reasonable and proper. 3. A site development plan containing: (a) The title of the project and the names of the professional project planner and the de- veloper; (b) Scale, date, north arrow, and general location map; (c) Boundaries of the property involved, all existing streets, buildings, water courses. easements. section lines, and other existing important physical features in and adjoining the project; (d) Master plan locations of the different uses proposed ~ dwelling ~s, open spaces designations, recreational facilities, commer- ( 'Aft, 4S~ /' 2022 L ( APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 10 ( cial uses, other permitted uses, and off-street parking and off-street loading locations; (e) Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; (0 Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facili- ties, streets, parks, schools, and other reserva- tions; (g) Tabulations demonstrating the relationship of the development to proposed LVI rating as shown in Table I, section 4, and proposed numbers and types of dwelling units; and (h) Where required by the area planning board an environmental impact study shall be supplied. 4. A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent degree. B. PROCEDURES. On application for zoning of land to PUD classification, the planning and zoning board and governing body shall proceed in general as for other applications for zoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the zoning application prior to the required planning and zoning board public hearing, as follows: 1. Pre-hearing conference with applicants. On re- quest by the applicant, the city planning consult- ant and representatives of such other city departments as may be pertinent, shall meet with the applicant or his agent to review the original application, including all plans, maps, and documents submitted by the applicant. The purpose of such pre-hearing conferences shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other l 2023 , -9\v f~ / rJ'~ ~ r~ if Sec. 10 BOYNTON BEACH CODE ( If the preliminary development plan and final development plan as set out in section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the PUD classification and LUI rating shall revert to original or highest zoning. A new plan approval shall be required with procedures as for a new application for zoning (including payment of fees) and no such new application shall have the effect of increasing the LUI rating 6.S previously applied. Section 11. Preliminary and final development plans. Plans for development of land zoned to PUD shall be processed in accordance with procedures established in the city subdivision regulations. The same information and date shall be in substantial compliance with the site development plan submitted as a part of the application for zoning to PUD. In addition to the requirements of the city subdivision regulations, determined to be applicable, the following ( information shall be provided: A. BUILDING LOCATIONS AND ARCHITECTURAL DEFINITIONS of all structures proposed except for single family homes which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required. B. MASTER LANDSCAPE plan depicting existing and proposed vegetation and locations thereon on the site. C. FENCE, WELL, AND PLANTING SCREEN loca- tions, heights, and materials. D. TABULATIONS analyzing the number of tote.! ero~s acres in the project and the percentages thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking and off-street loading, streets, recreation areas, parks, schools, and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. These 2026 l ~~ - ( ( c . ----------------- APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 13 tabulations shall demonstrate relationship to the LUI rating, Table I, section 4 of these zoning regulations. Once preliminary development plan and plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition t~ the plat certificates specified in the city subdivision regulations, and prior to recording a final plat, the developer shall file, as specified at the time of zoning, a legally constituted maintenance association agreement for improving, perpetu- ally operating, and maintaining the common facilities; including streets, drives, parking areas, and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated, or maintained. Such documents shall be subject to the approval of the city attorney. (Ord. No. 78-26, ~ 1, 7-18-78) Section 12. Changes in plans. Changes in plans approved as a part of the zoning to pun may be permitted by the planning and zoning board upon application by the developer or his successors in interest, but only a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes other than those indicated shall be processed as for a new application for pun zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the city council. Section 13. Zoning administrator. Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a pun district except in conformity with all provisions of the zoning or pun classifications and plans submitted under section 11 of these zoning regulations. (Ord. No. 75-19, ~ A, 6-3-75) 2027 ~_. , ----- ~, ~ MINUTES - REGULAR .TY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 21. 1993 sign <:) Mayor Pro em Matson and carried una e c s. Heyden asked these proceedin wo d like the sign ogram handled in e future. Mayor 0 Tem Matson sugge ed eliminating Community Design lan and addressi everyone can liv with. 2. Boynton Nurseries PUD Roger G. Saberson Boynton Nurseries Lawrence Road at L.W.D.D. L-21 Canal; northwest corner TIME EXTENSION: Request for a one-year time exten- sion to concurrency exemption and to filing a pre- liminary plat Ms. Heyden made the presentation. This project was approved in 1990 for 400 units. This is a request for a third one-year time extension to the expiration of their concurrency for traffic, drainage and neighborhood parks, PUD zoning and master plan. The current extension expires on March 5, 1994, unless the preliminary plat application has been filed by that date. The applicant wishes to extend this until March 5, 1995. The Planning and Development Board recom- mended approval of a six-month extension. Project: Agent: Owner: Location: Description: Even though the time extension would exempt them from traffic, drainage and neighborhood parks, when the proposal came through, drainage and neighborhood parks met the current level of service. Ms. Heyden contacted the County to see what roadway links might be i~pacted if they were subject to current traffic levels and they indicated that Gateway Boulevard and Hypoluxo Road would be impacted. Roger Saberson said a contract currently exists with Pulte Homes. Unfortunately, Boynton Nurseries is not a developer. Under the contract, Pulte will do a number of studies and tests prior to expending the funds to prepare and file the preliminary plat. The engineering fees for the preliminary plat could amount to $150,000 to $170,000 for the project. The problem for Boynton Nurseries is that as Pulte moves forward, if they do not wish to proceed with the project near the end of the six months, Boynton Nurseries will need the additional six months to get another developer on board. Motion Commissioner Walshak moved to approve the request in VIII-B.2. Mayor Pro Tem Matson seconded the motion. Commissioner Katz pointed out that a six month extension would actually provide nine months because it expires on March 5, 1994. Mr. Saberson feels that amount of time would be necessary to secure the services of another developer. . The motion carried 3-1. (Commissioner Katz cast the dissenting vote.) - 19 - MINUTES - REGULAR ,lTY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 21. 1993 Mayor Hanmening explained that many requests for extensions are received and a day will come when these extensions must be stopped. Commissioner Walshak agreed, but felt that extending this particular project for three or four years was not a probl em. .: C. OTHER: 1. Quail Lake West PUD (Ph es II and III) Ml ter Plan Mo fication located at SW 26th Street etween Woolbrigh Road and Go Road . Heyden made the pr~~tion and explain following changes: ~ The one-story townhomes on a minimum 3 ' x lOa' lot as op sed to ~he two-story condos which were part of e original master lan; 2. a"~ecrease in the total number of units from 98 to 176; 3. change in street layout; change ift,the remaining private reo..reational constructe~ deletion of th to be 4. 5. a slight reduction n the setback from S.W. 24.28' which applies 0 one area. All other 6th Street from 251 to its will have 25'; 7. r uction in the setbacK~o~ Woolbright Road fro 40' to 251; .. (th applicant has comPlie~with this requirement th the exception of on unit); and , B. reduction n the front setbac~each unit from 1B' ~o 15'. The proposed setbacks for he townhome lots are 5' in front for units that bac up to one another, and 25' the rear for units at back up to the lake or th PUD perimeter, a front yard 0 15' and a side yard f A' for interior units and la' for end units. These side rds maintain the 20 minimum building separa- tion hich was originally approve Since th market for this project is originally intended, e change in the number of s ries came about. acause of the change in the numbe of stories, the units are n sprawled out and ~ere has been a . transfer of th square footage from two sto es to one story. r~at necessitated t:~ :::::: ::f::re:to~::n:n::~::t a::d,: o:et :::~::. and zonl':;'--artment M orandum No. 93-325. With regard to Comment #2, e proposed eas~m~s are not hown and Ms. Heyden eels they may possibly impa the setbacks, necessi- tatin the shifting of the ts. ended that the front yard equirement be 18'. After resea hing other projects, 'is the least front setback this Commissio has ever appr ved; however, she poin d out that there is no minimum front yard setback for PU . - ~ , - 20 - MINUTES - REGULAR ~lTY COMMISSION MEETING BOYNTON BEACH. FLORIDA OCTOBER 3. 1994 from Lake Worth. They said they are monitoring what the City is going to do and may consider the canopies and roofs if the City does the same. Mayor Hanmening suggested placing this item on the next agenda so that it can be discussed in more detail. In the interim, he felt the Commission's previous instructions were reasonably clear and should go forward. In response to Mayor Pro Tem Bradley, Attorney Cherof advised that in most cases the City has concurrent jurisdiction with Lake Worth and South Florida Water Management District. They cannot waive the City's rules and the City cannot waive their rules. An owner who is subject to Lake Worth or South F10rida Management Water District and the City will have to abide by all those regula- tions. The easements are under City control and the City has responsibility and liability on those easements. Bill Hukill, the Director of Development, said it would be aSking for a legal problem if the City had the inspectors certify the structural integrity of the docks. The inspectors can detenmine if a structural member is falling down or is in disrepair and will put the people on notice. The reason it costs as much as it does to get an engineer to certify structural soundness, even if it is a new dock, is because it takes some time and calculation to do that. It is very difficult to assess the structural integrity of anything under the water without destructive testing. Even with destructive testing, it is difficult and very expenSive. Staff can detenmine whether a dock is reasonably safe or unsafe. Mayor Hanmening stated that if they are detennined to be unsafe Just from obser- vation, Code Enforcement should be rigorously applied immediately for the remov- al thereof. ~ City Manager Parker will put this item on the October 18, 1994 agenda. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED THE PUBLIC AUDIENCE CLOSED. VIII. DEVELOPMENT PLANS A. Boynton Nurseries Master Plan Modification hi P t'Y\ D C\ L\ -061 Tambri Heyden, Planning and Zoning Director, stated that Kilday and Associates is requesting approval of a modification to their 1990 master plan. The pun is located on the west side of Lawrence Road at the northwest corner of Lawrence Road and the L.W.D.D. L-21 Canal. A number of modifications are being requested. The first one is a reduction in the total number of units from 400 units to 374. The next is a change in the type of units. The first approval included a mixture of single-family and multi-family units. The proposal before the Commission this evening is all single-family with two types of units, a "Z" lot line on 4,000 square feet (231 of those types of units) and a zero lot line product (143 of these types of units), and they would be on 50' x 100' wide lots. The project also includes phasing and Phase 1 would include all but 48 of the units. The reason for this is that even though there is a reduction in the - 12 - '. ( MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 total number of units, because of the difference in the types of units, there is a difference in the traffic generated (a slight increase). To avoid certain road improvements to be attached to this approval, a phasing plan is being pro- posed for the remaining 48 units of the project. Because of the decrease in the number of units, there is a decrease in the water and sewer demand, as well as the population that can be expected through this project. There is also a change in the pod layout and the access points to the pods. There ,is also an establishment of the local streets to the pods, which was not included in the original master plan. This is a 40 foot wide street with a sidewalk on one side, 4 feet wide, and those will be private streets. There is also an altera- tion in the size of the preserve area, which has been reduced in size and the location has moved. There is a change in the lake sizes and the location of the stonn water management tracks. There is a reduction in the size of the public park to be dedicated, a decrease from 2.84 acres to 2.5 acres. There is a reduction in the width from 25 feet to 5 feet for the pu~ perimeter along the south boundary of the PUD. Lastly, a condition of the original master plan was that prior to platting, the project come back before the Commission for a master plan modification approval because the original master plan did not establish lot sizes and lot layout. The master plan this evening shows a proposal for lot layout and lot sizes. The building setbacks are proposed at 20 feet to the garage, 15 feet to the house. A 15 foot rear setback is being proposed for all units that back up to one another, and a 10 foot rear setback for units that'back up to a lake, a pre- serve, or the perimeter of the PUD. A 10 foot side setback is proposed for the non zero portion of the property line. On the corners, 13.5 feet is being pro- posed. Reg~rding screened enclosures, a zero foot setback for .Z. lot line units is being proposed when they abut a lake or preserve, and a 10 foot setback for the side. For zero lot line units, the proposal is a zero foot rear setback' when they abut a lake or preserve, a 5 foot setback when the units back up to one another, and a side setback of 10 feet, 13.5 feet for corner lots. If the City Commission detenmines that this is a substantial change, the approv- al would necessitate a rezoning. If the City Commission detenmines this is not a substantial change, it is forwarded to the Planning and Development' Board for final approval. Staff reviewed this request for consistency with the PUD regulations, the intent and purposes of PUDs, and consistency with the Comprehensive Plan. Staff was concerned with the buffer widths, the recreation area, the lot sizes, the lot widths, and setbacks. A buffer is proposed around the entire PUD perimeter. The landscape area being proposed is part of an easement rather than a dedicated tract. The problem is that the long tenm integrity of that buffer is jeopardized when treated as an easement rather than a dedicated tract and it is difficult to ensure that that buffer is always going to be there. In addition, staff recommends that the 25 feet be maintained along the entire PUD boundary as originally proposed, with the exception of the south boundary, which will have a 5 foot landscape buffer. - 13 - MINUTES - REGUL . CITY C0t44ISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 In response to Commissioner Aguila regarding the continuity of the buffer, ~ Ms. Heyden stated that what ends up happening, with or without penmits, is that people start putting up fences to enclose the area to make their lots seem 1 arger. Commissioner Aguila asked who would be responsible for maintaining the 25 feet to the overall PUD property 11ne. Ms. Heyden advised that staff recommends it be dedicated to the homeowners. assor.iation. Ms. Heyden said the purpose of the buffer is to buffer this project from the property to the north. Ms. Heyden stated that with the number and type of units shown on the original master plan, the total dedication for recreation was 6.75 acres. Fifty percent of that was to be satisfied by providing private recreation, leaving approxi- mately 3.3 acres to be dedicated as a public park. When the project went through the public hearing process, the City Commission approved the project with a 2.84 public dedication and the balance of a cash payment equivalent to over half an acre to pay the City at time of platting. We have a Comprehensive Plan policy regarding this particular neighborhood planning area. Knollwood Groves is an area that needed a neighborhood park. The 1ntention was to secure a neighborhood park in this area, to get 2.84 acres in this corner, and when the property to the north came in, assemble those two properties to hopefully end up with a 5 acre neighborhood park. The concern here is that there 1s, as part of their proposal, a reduction in the acreage to 2.5 acres, the d1fference to be paid in cash. If this were to occur, we would be at further risk of not getting the 5 acre park when the property to the north came 1n. /!"> Regarding lot sizes and setbacks, a chart was put together, listing the PUDs - within the City that have minimal lot sizes and setbacks, etc. The smallest front building setback is currently 18 feet. The smallest rear building setback is currently 10 feet. The smallest side build1ng setback is 10 feet. Minimum lot size is 4,500 square feet. With respect to screen enclosures, the m1nimum thus far in the City has been established as a minimum rear setback of 5 feet, zero feet when abutting a lake, and a minimum side setback of 8 feet. Ms. Heyden stated that staff has had technical problems with this progression over the past ten or fifteen years with smaller and smaller lot sizes. Staff has been seeing a progression of smaller lot sizes and larger homes on lots, and a narrow building separation. With these smaller and smaller lot sizes staff has been seeing, we have run into some technical problems. These smaller and smaller lot sizes have come with larger and larger homes, increased lot coverage, decreased penmeability, and narrower and narrower building separa- tions. That makes it really tough for emergency personnel to park their large vehicles and get their equipment in between these buildings. Another problem that we had have, and it is becoming more and more prevalent, is parking. When you have a very narrow lot width, and you have a building setback that is very close to the street edge, you have a very shallow and narrow driveway. We are seeing a lot of parking on streets and swales and across sidewalks, and it causes damage to the swales and sidewalks. - 14 - - r 1 MINUTES - REGU~r.ITY COMMISSION MEETING BOYNTON BEACH, F. ,{IDA OCTOBER 3, 1994 Staff recommends that the City Commission make a finding of no substantial change for this modification, subject to the staff comments. This recommenda- tion is based on approving this request for, at minimum, no less than the stan- dards that have been approved in other PUDs in the City to date. This would establish within the Boynton Nurseries a minimum lot size of 4,500 square feet, a minimum lot width of 50 feet, and a rear setback of 5 feet for screen enclo- sures, including those that abut the lakes and open areas, all side and building separations be maintained at 10 feet, and the rear setbacks for the screen enclosures that back up to other lots be increased to 8 feet. In response to Vice Mayor Matson, Kieran Kilday of Kilday & Associates, advised that double driveways have been provided throughout and are 16 feet. Commissioner Katz felt the Planning Department should continually look at net useable acreage. This property is 83.81 acres. However, the net useable acreage is 57 acres. They have decided to reduce the number of units, but the actual unit per acre is almost a 50 percent increase over what is allowed. He felt the site it too dense and should only have 220 to 230 units. He felt the 2.84 acres should be dedicated to the City for a public park. He felt the pre- serve area should be 25 percent'of the gross acreage of the property, which would further reduce the net useable property, but he did not think this would be fair. He felt we should go to the net useable acreage, give this man his 4.46 allowable density, and multiply it by that, and then do the project from there. Mr. Kilday stated that there 1s a zoning approval on this property. The density issue has already been approved by a previous Commission, and he is working within the parameters of that approval to make themod1ficat10ns. He stated that the final traffic report does not require phasing of the project. Therefore, he is not requesting this modification. He advised that 2.84 acres ~iJl be dedicated for a park site if that was what was approved. Alan Fant, Vice President of GL Homes, stated that GL Homes 1s the second largest single-family home builder 1n South Florida and lives up to high stan- dards. GL Homes develops 24 foot wide streets, puts curb and gutter in, has 40 foot wide rights-of-way, and has a sidewalk, at least on one side, in all com- munities. Mr. Fant described the site plan and the units. He stated that GL Homes offers 15 different product types. GL Homes is not trying to put any more units on the property than what is allowed. To the contrary, GL Homes is reducing the units from 400 to 376. Mr. Kilday addressed the staff comments. With regard to Engineering Department Memorandum No. 94-255 about widening the driveway widths to 18 feet, Mr. Kilday stated that there is a two car driveway, which is 16 feet, for all units. With regard to Engineering Department Memorandum No. 94-288, there was a suggestion that the lake area shown running along Lawrence Road on the front of the property also have a guardrail across the entire lake. Mr. Kilday said this lake has been set back to DOT standards and has been reviewed by the City Engineering Department, as well as the County Engineering Department, and a guardrail would not be required. The lake meets all safety standards. - 15 - MINUTES - REGUlA. .;ITY COMUSSION MEETING BOYNTON BEACH. FLORIDA OCTOBER 3. 1994 Mr. Kilday referred to the Memorandum to Ms. Heyden from Michael Haag, the , Zoning and Site Development Administrator, dated September 29, 1994. He stated that comments 2, 9, 10, 12 and 13 are redundant due to the submission of the new traffic statement. With regard to the proposed landscape buffer along the south canal line number 3), Mr. Kilday stated that the recent master plan indicates a 25 setback as opposed to a specific buffer. He requested that a land~~. feet be allowed on the south property line, along with anothpp . making it a 10 foot setback. The reason for this is tha~ required to dedicate to the drainage canal an additional was no need for additional buffering because there is sig, there already from the canal right-of-way. Mr. Kilday agreed to provide pedestrian signalization (item However, he requested that the verbiage "if warrantedu be al With regard to item number 13, Commissioner Aguila was concer eration lane or additional turn lanes to access this site. T. Rennebaum with Simmons & White, explained that exclusive left recommended at both project entrances. Coming from the north, lanes are not warranted based on Palm Beach County guidelines. right turn lanes were recommended. Commissioner Aguila felt thi He expressed concern about a right turn lane at both entrances. With regard to item number 15 regarding the landscape buffer, Mr. ~~dted that having done many projects with similar buffers, GL Homes has .~und that having the property association responsible for poltcing the buffer has worked well, but actual maintenance of the buffer has generally been assigned to the individual property owners that abut it. One of the reasons is that normally the irrigation system put in to include the buffer is hooked up to the indivi- dual unit1s irrigation system. This has not presented a problem in the past. Even if the association owned the tract of land, if someone puts up a fence, the association has the right to tell them to take it down. However, it does create somewhat of a problem in tenms of the setbacks because in some cases, the set- backs overlap some of the buffer area. (item foot !Jffer 5 Jack, s being there '1 nt. b -- "" With regard to item 16(a) regarding larger homes being built on smaller lots, Mr. Kilday stated that this plan was designed to meet the LUI requirement. Therefore, there cannot be increased lot coverage. A concern was raised at the TRC meeting regarding monitoring the different units and different floor areas. At that meeting, he agreed to create quarterly monitoring of the types of units going on the lots as a condition of approval. With regard to the separation of the buildings becoming smaller and smaller, Mr. Kilday stated that a 10 foot separation of the units has been maintained throughout the project. That has been the standard separation of other proj- ects approved within the City. Mr. Kilday did ask for less setbacks on the screen enclosures. However, in reading the staff report, he agreed to the staff recommendation, and will make the screen enclosures meet the setbacks recom- mended by staff. - 16 - MINUTES - REGUL,A'-. ":ITY COMMISSION MEETING BOYNTON BEACH, FL~~IDA OCTOBER 3, 1994 '. From a side to side basis, he promised that the screen enclosures will have the same setbacks as the penmanent structures so that there is a penmanent 10 foot minimum width going through the building. As different unit types are placed on the lots, many areas get bigger because of the architectural detailing. Therefore, many times the minimum setback is exceeded. ~. With regard to parking, Mr. Kilday stated that an SO foot separation is pro- posed. This separation is made up of a paved area, a concrete Miami gutter, and six feet of landscaping on each side. One side has a sidewalk. The effect of having that extra curb and extra width of right-of-way is that the cars in the driveways get pulled back off the road. The depth of the lot has not been taken out to create that walk. Two outdoor parking spaces per unit have been provided and many of the units have two car garages as well. Mayor Harmening asked if the units that have one car garages still have the wide enough driveway to park two vehicles. Mr. Kilday answered affinmatively. Regarding item 17, which reconmends that the two story homes located on the Ill" lots be limited to a minimum distance in any direction of 160 feet between the lot lines of any two story home, Mr. Kilday felt this is too rigorous a standard to apply and this has not been required of any of the other projects. There are fifteen different unit types. He estimated that half of them will be single story and half two story. He advised that GL Homes has some internal rules about allowing too many units of the same type in a row. In response to Mayor Hanmening, Ms. Heyden stated that the 160 feet is based on four 40 foot wide lots in a row. She pointed out that the color renditions do not show that when you have the .Z. lot line, although there is a 10 foot building separation, from the street you only see a 5 foot distance between the two buildings. Staff feels that this, along with a two-story building, presents a very dense appearance. Mr. Fant advised that this concept was done intentionally to break up the units and streetscape. He explained that all two-story units are at least twenty feet apart from each other. With regard to item 1S, Mr. Kilday already agreed to dedicate 2.S4 acres for the pa rk . Vice Mayor Matson's concerns (parking, screen setbacks, and public park dedica- tion) have been addressed to her satisfaction. With regard to Ms. Heyden'S argument about seeing only 5 feet from the street, she would rather not seen an open expanse between every house. She would like to see something architec- turally different from home to home. She felt this project is not detrimental to the health and welfare of the residents and would bring a higher assessed valuation and a bigger tax base into the City. Conmissioner Katz had a problem with the density. He said it is not 4.46 units per acre; it is closer to 7. f - 17 - MINUTES - REGU~ CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1994 In response to Commissioner Aguila, Mr. Fant agreed to put in the right turn lanes. , Motion Commissioner Aguila moved to authorize staff to take this to the Planning and Development Board with a finding of minor modification. Referring ,to the com- ments and recommendations set forth in the September 29, 1994 Memorandum to Ms. Heyden from Michael Haag, the Zoning and Site Development Administrator, Commissioner Aguila deleted numbers 2, 3, 15, 16(a), and 17. He added the ver- biage "if warranted'l to item number 14. Vice Mayor Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. AT 9:00 P. M., MAYOR HARMENING DELCAREO A RECESS. THE MEETING RESUMED AT 9:05 P. M. 8. Miami Subs - color selection and request to readdress driveway entrance David Daszka1, 5334 Buckhead Circle, Boca Raton, circulated color chips. Don Per1yn, Executive Vice President of Miami Subs, stated that Miami Subs has an image to maintain and a responsibility to its franchisees to insist upon cer- tain images being maintained. A key factor in the success of Miami Subs is its building. Surveys have shown that 68 percent of the people who ate at Miami Subs last year came to Miami Subs strictly because of its building. The appli- cant has already agreed to eliminate some neon and colors and is putting in barrel tile. Several exceptions have been made out of respect to the Commission. The color of the building is very significant. Neon and image are very significant. Mr. Perlyn said he cannot let the same color go on the building as 1s on the shopping center. The success of Miami Subs weighs heavily on its building image. If it is blended in with the shopping center any further, he has grave concerns as to the total potential success of the project. Motion ..... After reviewing the color chips, Vice Mayor Matson moved to approve color chip 111115. Vice Mayor Matson would like to see the project move forward, but not to the detriment of the integrity of what has been approved in the shopping center. Commissioner Katz seconded the motion, which failed 2-3. Mayor Hanmening, Mayor Pro Tem Bradley and Commissioner Aguila voted against the motion. Motion Commissioner Aguila moved to approve Benjamin Moore color chip 111066. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting vote. - 18 - MINUTES - PLANNU.. AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 ~ \.i,;., Mr. Rosenstock asked if the Board is going to forward this to the City Commission not knowing whether there are easements there are not, and whether the street is going to be closed off. Chainman Lehnertz pointed out that staff comments state that any easements required will be put into place prior to the transfer of this property. Mr. Rosenstock asked what guaranties there are that Gulfstream Lumber will not put something on top of those easements. Ms. Heyden said that unless there is no stipulation, they could store material there. With regard to a fence or gate, she advised that Utilities will not sign off on a pennit if they cannot obtain proper access. Mr. Golden asked if the zoning in this area pennits storage. Ms. Heyden assumed that storage of materials is allowed in connection with the existing use. Chairman Lehnertz stated that according to Mr. Haag1s memo, "If the newly acquired property is to be used for an expansion of the lumber company business, conditional use approval will be required." Mr. Rosenstock stated that storage is not the same as expansion. Chainman Lehnertz asked City Attorney Cherof if it would be considered an expan- sion of the business if Gulfstream Lumber used this abandoned property for storage of lumber or work trucks. City Attorney Cherof answered affinmatively. In response to Mr. Rosenstock, he said expansion means either intensification or actual phyiscal expansion when considered in the context of a conditional use. A roll call vote was polled by the Recording Secretary. The motion carried 6-1. Mr. Rosenstock cast the dissenting vote. B. Subdivisions rn~m~ C(<.t-CvLf 1. Master Plan Modification Boynton Nursertes PUD Kilday and Associates Boynton Nurseries Lawrence Road and L.W.O.O. L-21 Canal; northwest corner Request for approval of an amended master plan showing a reduction in number of units from 400 to 374, change 1n type of units from 162 single-family units on 6,000 square foot lots and 238 multi-family units to 233 "Z. units on 4,000 square foot lots and 143 zero lot 11ne units on 5,000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points, change in buffer and road widths and their ownership, revised location and size of preserve and drainage areas and modified utilities and landscape plans Ms. Heyden stated that Kilday and Associates is requesting approval to modify the 1990 approved master plan for the Boynton Nurseries PUD. This PUD is to be Project Name: Agent: Owner: Location: Description: - 6 - MINUTES - PLANNI: AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLuRIDA OCTOBER 11. 1994 e located on the west side of Lawrence Road at the northwest corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal. She reviewed these changes, which are listed in Planning and loning Department Memorandum No. 94-295 to the C1ty Manager. One of the changes dealt with the reduction from 2.84 to 2.5 acres for a park. However, at the City Commission meeting, the applicant agreed to dedicate 2.84 acres to the City for a public park. On October 3, 1994, the City Commission voted 4-1 that the proposed changes are not substantial 1n nature. In addition, they recommended approval of the staff comments listed in the September 29, 1994 memorandum from Ms. Heyden to Mr. Haag, except for comments 2, 3, 15, 16(a) and 17. Comment 14 (pedestrian signalization) was revised to require signalization only if warranted. This pedestrian signal was originally required. Since there is a school directly across the street, staff felt this was necessary for safety reasons. In addition, it is Comprehensive Plan policy. Comment 2, which relates to traffic, ties into phasing. Staff is awaiting clarification from Palm Beach County on this issue. Comment 3 relates to the width of the buffer (five feet) proposed along the south property 11ne, as compared to the width of the other perimeter buffers (twenty-five feet), all of which were or1ginally approved at twenty-five feet. If this Board detenmines that five feet is adequate along the south property line, staff recommends that the second sentence in comment 2, which states, "Clarify the difference between the flve foot setback and the ten foot setback shown on the plans", be retained as a condltion of approval. Comment 15 relates to the buffer. Staff recommends the buffer be dedicated as a tract, rather than an easement encumbering the private lots. Comment 16(a) relates to increasing the slze of the .Z. lots to 4,500 square feet, with a minimum fifty foot wide lot and ten foot buildlng separation. This ties into comment 17. Staff recommends a limitatlon be placed on the number of two-story units that can be built in a row because from the street you see a five foot building separation, not a ten foot setback. Ms. Heyden stated that the applicant mentioned at the City Commission meetlng that they have some internal rules regarding mixing the units. However, she has not heard or seen anything regarding those rules and does not know what they are. If this com- ment, or some variation of this comment, is not approved, then there is no guaranty to ensure that those rules will be enforced. Kieran Kilday represented Gl Homes, the builder of this project. Mr. Kilday stated that this property was approved in 1989 and has been through three exten- sions. He explained the project in detail. He also explained the difference between the zero and the "l" I ots and stated that th1 s all ows you to get more architectural features in the buildings. The reason for having two-story and single-story units is to provide a break 1n the height of the buildings. The unit types have all been laid out so that there are individual breaks 1n the building facade. - 7 - MINUTES - PlANNI' AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLu~IDA OCTOBER 11. 1994 t Regarding breaking up the unit types, Mr. Kilday advised that if there are repeating units, they are required to be different colors. In addition, no more than three units of the same type are allowed in a row. Mr. Kilday advised that several issues were discussed at the City Commission meeting. One was the minimum lot size allowable. The City Commission allowed the "Z" lots, which are 4,000 square feet. The overall lot coverage of the pro- posed project is no greater than what had been approved in 1989 and will not exceed that amount. The accumulative square footage will be indicated on each application for building penmit and quarterly summaries will be prOvided. A forty foot wide right-of-way is being proposed. Within that forty foot right- of-way is a twenty foot paved area and on each side there is a two foot concrete valley gutter which gives it a finished look. Then there is a six foot grass median, in addition to a four foot sidewalk on one side of the street. There- fore, even though the lot size is small, the distance between the walks is ex- panded because of the larger, finished right-of-way between the units. Mr. Kilday stated that oftentimes, the ten foot separation only occurs in one small area between the units. In most cases, in front of the property, between garages, the distance is much larger than ten feet. This gives variety in tenns of the look of the overall units of the project. Mr. Kilday asked that the buffer area on the south line be reduced to five feet. The units have a ten foot setback. He pointed out the location of the Lake Worth Drainage canal. He is dedicating, as part of this approval, an additional thirty-five feet to the existing fifty feet. Therefore, there is a considerable green area distance between this project and the south canal. Mr..Golden asked what the objection was to dedicating the tract as opposed to the easement. Mr. Kilday stated that GL Homes has similar buffers in other projects and has found that having the property owner own the tract, even though it is an easement, works out better in tenms of the long tenm maintenance responsibilities of the project. In addition, the irrigation system of the buffer is tied into each lot. This has not created any problems in other pro- jects and has worked out well. From his experience, Vice Chainman Dube advised that his homeowners' association has a buffer in the easement that belongs to the property owners. It abuts Lake Worth Drainage District property. Lake Worth Drainage District only cuts their grass twice a year. Therefore, the homeowners' association cuts their grass for them. The individual homeowners own the property beyond the Lake Worth Drainage District, and the homeowners' association has to fight, argue, lien, and go to court to get those hedges and trees trimmed and grass cut. Vice Chainman Dube felt it needs to be a tract and needs to be maintained by the homeowners. asso- ciation. Alan Fant, Vice President of GL Homes, stated that there is a large perimeter, and each homeowner likes to irrigate and take care of what is in his back yard. - 8 - MINUTES - PLANNlt AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLuRIDA OCTOBER 11. 1994 It Even if it is not his back yard, he perceives it as his. Mr. Fant pointed out that if a homeowner does not irrigate or cut his grass, the homeowners' asso- ciation has the right to do it. Vice Chainman Dube wondered who was going to pay for that. In addition, he pointed out that the property owner has the right to call the Police and have you removed from his property. Then the homeowners' association has to go through the Court to obtain the right to go on the homeowner1s property to cut the grass. Vice Chainman Dube felt the homeowners' association should cut the Lake Worth Drainage District grass because if it is left up to the individual homeowners, some of them will cut it and some will not. Chainman Lehnertz asked if all of the buffer and landscaping is going to be irrigated with City water. Mr. Fant answered affinmative1y. Mr. Kilday pointed out that the applicant has to put a buffer in to separate the project from Lake Worth Drainage District property. He said some property owners might want to seal themselves off with fences. Mr. Rosenstock asked Mr. Kilday if he is willing to address all staff comments, except the ones deleted by the City Commission, to staff's satisfaction. Mr. Kilday answered affinmatively. Ms. Heyden stated that although the City Commission did not delete it, there was an objection to widening the driveways to eighteen feet. Mr. Kilday was under the impression that the City Commission approved the sixteen foot wide drive. He will clarify this with the City Commission and abide by their deci- sion. Ms. Heyden thinks the City Commission inadvertently left out the driveway issue in their motion. She felt the sixteen foot driveway is adequate for two cars. Chainman Lehnertz asked for clarification regarding the statement in Planning and Zoning Department Memorandum No. 94-295 which states, .phasing is necessary with this modification to avoid road improvements to the surrounding roadways." Ms. Heyden stated that the difference between this proposal and the previous one is only six units. She believes the Palm Beach County Planning and. Engineering Department will detenmine that phasing will not be necessary. Chainman Lehnertz thought it was against the Comprehensive Plan and City ordi- nances to irrigate common and buffer areas with City water. Ms. Heyden advised that the City does not allow that. She explained that when the applicant goes to pull a penmit, a comment will be made that he has to pull it from a well or lake. Chainman Lehnertz asked if the applicant is going to have to put in a common irrigation system. Ms. Heyden said if it were on a dedicated tract, they would have to. If it is on an easement, then most logically it would be irri- gated from each individual lot. However, that sets you up for the buffer being constructed on a lot by lot basis. Ms. Heyden stated that the purpose of the buffer is to protect the adjacent property owners, not so much the people that are going to live in the proposed project. - 9 - MINUTES - PLANHl., _ AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA OCTOBER 11. 1994 ~ '""" Mr. Rosenstock asked how the applicant intends to irrigate the property where the homes are located. Mr. Fant said he was not aware of the Boynton Beach Code. However, he will abide by the Code and everything would have to be off of a well or come from the lake. In response to Mr. Rosenstock, Mr. Fant stated that one of the reasons he chose not to have an eighteen foot driveway was based on aesthetics. Gl Homes believes the driveway should match the garage door. He said a typical garage door is sixteen feet wide and easily accommodates two cars. In response to Chainman Lehnertz, Ms. Heyden said the City Commission had no problem with it being treated as an easement rather than a dedication, and they deleted comment 15. Chainman Lehnertz objected to deleting comment 15. He did not feel that anything this size should be irrigated with City water. Mr. Golden agreed with his fellow Board members about the landscape issue and a dedication of a tract for the landscaping. Chainman Lehnertz expressed concern about aesthetics and growth. He referred to page 6 of Planning and Zoning Department Memorandum No. 94-295, which talks about this area being one of the last areas in the City that could be developed with larger lots and larger homes. He felt these houses are being shoved together as close as possible. He said the Planning and Zoning Department feels this situation is not aesthetically pleasing and affects the quality Of life of ~ the people living there. Chainman Lehnertz stated that these lots have postage stamp size lawns, which accounts for the problems with the driveways. He felt the landscape buffer should be dedicated to the homeowners' association. He was not sure why the City Commission voted to delete that. He felt the City should have. a way to enforce the developer not to have too many two-story homes in a row. He felt the landscape plan is inadequate. It indicates 50 percent native trees and 50 percent native shrubs. However, it does not indicate what kind of trees and what kind of mixtures. It does not indicate what is going to be non- native. ' Mr. Walsh echoed Chainman Lehnertz' feelings and the Planning and Zoning Department's comments. He wondered when we are going to stop building houses on top of each other. Aesthetics were important to him. Mr. Rosenstock felt the City is becoming a ghetto and that the developers are only interested in making money. In response to Mr. Rosenstock regarding the landscaping, Mr. Kilday stated that he is before this Board for a master plan ,approval. A conceptual landscape plan was submitted per the Code. At the penmit level, a detailed plan will be sub- mitted. Motion Mr. Rosenstock moved that this Board defer 7.B.1., Boynton Nurseries PUD, back to the City Commission and recommend the reinsertion of paragraphs 15 and 16 - 10 - MINUTES - PLANNIN ~D DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLOKIDA OCTOBER 11. 1994 e that they have deleted, and further ask for full compliance as our memorandum states. Vice Chainman Dube asked Mr. Rosenstock to amend his motion to reinsert com- ments 15, 16(a) and 17. Mr. Rosenstock agreed. Vice Chainman Dube seconded the motion. Mr. Golden recommended that approval also be subject to compliance with any recommendations from the Palm Beach County Traffic Engineering Department con- cerning the phasing requirements. Mr. Rosenstock and Vice Chainman Dube agreed to include this in the motion. The motion carried 7-0. C. Community Design Plan Appeal Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road Request for an appeal to the -Modernu design district architectural features and/or treatment requirement for wall accessory and window type in connection with a proposed leased restaurant outparcel building for Longhorn Steaks Mr. Haag advised that Douglas McMillen of McMillen Development, Inc., the agent for Great Western Bank properties, is requesting relief from the Community Design Plan, specificially the wall accessory and window type. Using an overhead projector, he pointed out the location of the project. This Board and the. City Commission previously approved a site plan for this location. The applicant is requesting that a new restaurant building be located on this site. Colored elevations were displayed and a color board of the material which is going to be used was circulated. 1. Project Name: Agent: Owner: Location: Description: The Code requires two types of wall accessories and two types of windows. The applicant has only provided one window type (fixed glass) and one wall accessory (brick). Brick is not one of the materials accepted in the modern design dis- trict, but staff found it acceptable. However, staff objects to the fixed glass window type. In order to make this building a little more hanmon10us with the basic design of the main building and the restaurant building to the north, staff recommends that all of the wood trim be removed from the north elevation of the building and replaced with brick to come up to each side of the window. Staff also recommends removing the window which has a residential appearance and replacing it with a basic commercial storefront so it would fall in line with the windows in the storefront of the main building and the restaurant building to the north. Staff further recommends that the exposed gables be removed or covered with another material. - 11 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEAr~ FLORIDA OCTOBER 18, 1994 Boynton Nursert es PUD t'iJ P fY\ b ~ 4 - 004- Kilday and Associates Boynton Nurseries Lawrence Road and L.W.D.O. L-21 Canal; northwest corner MASTER PlAN MODIFICATION: Reconsider request for approval of an amended master plan showing a reduction in number of units from 400 to 374, change in type of units from 162 single-family units on 6,000 square foot lots and 238 multi- family units to 233 "l" units on 4,000 square foot lots, and 143 zero-lot line units on 5,000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points, change in buffer and road widths and their ownership, revised location and size of preserve and drainage areas and modified utili- ties and landscape plans. Tampri Heyden made the presentation. She reminded the Commission that when this application came before them previously, they voted 4-1 that the changes requested were not substantial in nature and passed onto the Planning and Devel- opment Board some guidelines to assist them in their detennination which involved certain Planning and loning Department comments. 1. Project Name: Agent: Owner: Location: Description: When this application went before the Planning and Development Board, there was a conflict between what they wanted to approve in tenns of conditions, and what the City Commission had recommended. For that reason, this application is back for reconsideration. ~ The conflict and the comments involve Comments 15, 16a and 17. The one comment regarding traffic has been resolved. These comments deal with the landscape buffer, lot area and limiting the number of two-story units which can be constructed in a row. Kieran Kilday, representing the petitioner, advised that the applicant accepted the conditions approved by the City Commission. There was a question needing clarification with regard to the driveways. The applicant showed the driveways at 16' in width. Commissioner Aguila said he reviewed the previous actions of the Commission and the plans, ana reviewed the minutes af the Planning and Development Board meeting. He stands by the motion made at the last City Commission meeting. He clarified that agreement was reached on the 16' driveways. One thing not discussed at the Planning and Development Board meeting which was discussed at the City Commission meeting, was the issue of the two (2) right turn lanes the applicant agreed to put in. Commissioner Aguila said there is nothing about the discussion of two weeks ago, or the motion that was made including the st,pulat10ns, that he wishes to change. . - 10 - , r- - '- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLr - ~DA OCTOBER 18, 1994 Vice Mayor Matson feels the same and thought it was clear that the Commission detenmined the 16' width driveways would work and were not aesthetically unpleasant. Commissioner Katz said his comment remains the same as before. The applicant has approximately fifty buildable acres with a density of 4.46, when it is really closer to 7. He feels they are creating a sardine-can situation. He will not support this project. Mt)tion Commissioner Aguila moved to appr~ve Boynton NurseriesPUD as referenced in Michael Haag's memo of September 29th, with the deletion ot items 2, 3, 16a, 15, and 17. On Item 14, we added, "if warranted". He would like to include that the driveways should be 16', and to reaffinm that there will be one right-turn lane at each entry off of Lawrence Road into the development. Vice Mayor Matson pointed out that Commissioner Aguila's previous motion is stated on Page 18 of the last City Commission minutes. Mayor Pro Tem Bradley seconded the motion. Mayor Hannening clarified that the motion is to approve the request of G.L. Homes as set forth in the minutes of the meeting of October 3, 1994. on Page 18. plus clarifications with regard to the driveway size of 16', and two right-turn lanes on Lawrence Road into the development. The motion carried 4-1. (Commissioner Katz cast the dissenting vote.) Attorney Cherot advised that this item came back to the City Commission because of an inconsistency in the Code. He requested penm1ssion to work with Planning staff to deal with the inconsistency so that an applicant does not have to re~urn to the Commission a second time. Mayor Hannening had no problem with this request. 2. Project Name: Agent: OWner: Location: e7)f//f 9j/-oo:'J/ Description: Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner ot Congress Avenue and Old Boynton Road COMMUNITY DESIGN PlAN APPEAL: Request for an appeal to the "Modern- design district architec- tural features and/or treatment requirement for wall accessory and window type in connection with a proposed leased restaurant outparcel building for Longhorn Steaks. Tambri Heyden made the presentation. This request is for the Longhorn Steak Restaurant. Elevations were displayed on an easel. The building style is a Texas ranch house style, with predominantly two shades ot gray brick with a con- cealed flat roof deck, and standing seam sloped roof embellishments. - 11 - ./' ORDINANCE NO. 90-~1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO._ 80-19 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PAR'::'ICULARLY DESCRIBED HEREIN, LOCATED IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, (WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH BY ORDINANCE) FROM AR (AGRICULTURAL RESIDENTIAL) PALM BEACH COUNTY TO PLANNED UNIT DEVELOPMENT (PUD) W/LUI = 4; PROVIDING FOR PHASING CONSISTENT WITH TRAFFIC STUDIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING PROVISION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. J / /' " r f..;' \.... .", j 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 Commission of the City of Boynton Beach, Florida, is simultaneously herewith adopting an Ordinance annexing a parcel of land more particularly described herein into the City limits of said City; and WHEREAS, the owners and agent of the property have requested the above mentioned zoning classification; and WHEREAS, 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 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 South one-half (S1/2) of the Southwest quarter (SW1/4) of the Northeast quarter (NE1/4); the Southeast quarter (SE 1/4) of Northeast quarter (NE1/4) and the South one-half (S1/2) of the Northeast quarter (NE1/4) of Northeast quarter (NE1/4), all in Section 13, Township 45 South, Range 42 East, Palm Beach County, Florida. Together with that portion of the Lake Worth Drainage District Canal L-21, that abuts the South property line of the subject parcel of land. be and the same is hereby rezoned from AR (Agricultural Residential) Palm Beach County, to PUD W/LUI = 4. section 2. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3. Development of the property shall be in phases consistent with the traffic study findings submitted and attached hereto as composite Exhibit "A" and the phasing schedule incorporated in the 2/5/90 and 5/3/90 letter from WalterH. Keller, Jr., Inc. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, or should any Section of this Ordinance not become effective for any reason, such decision shall not affect the remainder of this ordinance. Section 6. This ordinance shall )become effective immediately upon passage. FIRST READING this ~ I day of August, 1990. SECOND, FINAL READING and PASSAGE this ~- day of ~P7h>>~~ , 1990. ~ /~O~_ CH, FLORIDA , ..' ~~ / / F f/</ //May-:c ' /''(\j.c:. [ L/ UI--<-C-, -V~ce Mayor c~o~?r1)~ / ' / '~'I ' I ,-- I,I! {( , l' ,/ ,;(, /\ -r;-:; Commissioner , 1 f .. t/L-.~" f / /'7/ ,1/uf.<-< !{/ e'" iA ,(...1 C6mmissioner '-- ATTEST: -{~a~7c.~ Cit Clerk (Corporate Seal) RESOLUTION NO. R94- /$jj ~ 1..-- / ~ ~ ,,/ ~,o.A,4~ ~~fj ~~ :1 II II I I i :1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED FROM THE CITY OF BOYNTON BEACH TO BOYNTON NURSERIES, FOR A TEMPORARY CONSTRUCTION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. " , :1 Ii WHEREAS, the City Commission of the City of Boynton Beach, upon I recommendation of staff, has determined that the construction has been completed and I the City has no further need for this temporary construction easement; I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Quit Claim Deed from the I City of Boynton Beach, Florida to Boynton Nurseries, which terminates the temporary I construction easement, a copy of said Deed being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this c:f( day of August, 1994. CITY OF BOYNT BEACH, FLORIDA 1;- ATTEST: Mayor Pro Te II I *:rk"Ck~.-?/. I ! i\ 'I I I [I il ~ ! I CuilClaimOMd,Boynlon Nuraariel Aulhsign,R...8I1/lM " 'I I, , 'I l i3~~u N f,t\jLL~ ~ :, ]' , . _I') J!.l"~ t.'^,J; .' "'~l;'; ,\~~tJI--,..-Cll lJ-r-...e t "- <-; Cu.~ IlL-tAl (~JH' ~ 'L(ll Ct::A_ '~// ~,,?~y~ ~/~ ' RESOLUTION NO. R95--N'i ,_t}~K- () , .~ ~L . A RESOLUTION OF THE CITY CO~;;;~~~OO~<- '~i") ,,\;L~l:-<-~' THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THAT LAWRENCE ROAD BETWEEN GATEWAY BOULEVARD AND HYPOLUXO ROAD BE ADDED TO THE PALM BEACH COUNTY FIVE YEAR ROAD IMPROVEMENT PROGRAM. ,\ 'I WHEREAS, Lawrence Road is a designated public road belonging to Palm Beach County; and 'I WHEREAS, over 1,680 units have been approved for development by both the City of Boynton Beach and Palm : I Beach County; and WHEREAS, these developments when constructed, will I considerably exceed the threshold level of trips for Level of , Service "D" on Lawrence Road; and WHEREAS, these developments will pay to Palm Beach County I traffic impact fees in excess of 2.5 million dollars; and WHEREAS, if this road is not constructed concurrent with development, the City of Boynton Beach residents will suffer I for the estimated 2 to 4 year design and construction time table with a severely overcrowded, unsafe roadway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COKMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: :1 :1 II !I 'I I Section 1. The City Commission of the City of Boynton Beach, Florida, requests inclusion of Lawrence Road on the County's Five Year Road Program to begin the planning and design process for the road widening. Section 2. That the County agrees that the impact fees currently being collected from the developments impacting Lawrence Road be utilized to partially fund the road improvements required by these developments. PASSED AND ADOPTED this ~/ day of March, 1995. :1 'i II CI~Y OF BOYNTON BEACH, FLORIDA ,(). / /"1 . - - I ___ /.?<7 ' / n '''( ( ,/ I {-.. I / C A/ I.. {" 1"'<' , I: / L~~.~ ~~ ~pr~/T~ , _ - c- "'-__} /?l-'I /~..... .' ,-, / Comrn~ss~oner , ) /",' ,I ,. V t. ~ '. (~ \ ',L ~ (c ~'. .... Comrni ipner .J 'I l ATTEST: !~/a~Ck~ : Ci~y Clerk I Auth81g.doc Support.Lawrence Road 3/17l9S r ,------- I'~ Policy 3A.2.1 policy 3A.2.2 policy 3A.2.3 Policy 3A.2.4 Policy 3A.2.5 JrMoJry;;~ New collection and transmission facilities will be sized to meet buildout conditions, and include known redevelopment plans. An annual maintenance program will identify and prioritize system needs for renewalr replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made ona timely basis. A llIa:=.ter plan f0r facility ex~ansion will be updated and implemented at least every 5 years. Subsequent to Plan adoption, modify the land development regulations so that new development will be required to install sewer lines according to City specifications in order to receive development approval. The new lines will, in most cases, be deeded to the City. Subsequent to Plan adoption, modify the land development regulations so that new development will pay for its fair share of existing or planned capital facilities through a connection charge system. Objective 3A.3 Minimize Wastewater Influent and the Disposal of Effluent. The city of Boynton Beach will minimize wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing effluent where possible. .,.~ policy 3A.3.1 Policy 3A.3.2 "* Policy 3A. 3.3 (I~f<7' ( j? _.;~ Adopt a Level of Service Standard based on current levels of service for the existing water and wastewater service area, the AADF of wastewater delivered for treatment to the South central Wastewater Treatment Plant will not exceed 70 percent of the AADF of treated water leaving the city's water treatment plant, adjusted for service area differences. Estimates of infiltration and inflow will be made biannually to determine rates and locations. Where economically feasible, system improvements will be made to reduce these levels. The City will seek opportunities within the City limits to use treated wastewater effluent for irrigation purposes. 43 ~~-- =0) .~ , ~ policy 3C.l.9 Jc-< '(v~\. c.s Policy 3C.1.10 No activity shall be permitted that would result in the degradation or over-utilization of potable water resources. Present and future potable water wellfield locations identified in the Potable Water Sub-element shall be protected to assure that water resources are not negatively impacted by development, excessive draw down, or saltwater contamination through implementation of the Palm Beach County Wellfield Protection Ordinance. Objective 3C.2 Adequate and Efficient Distribution Facilities. The city of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the city's water master plan. policy 3C.2.1 The capital improvements described in the water master plan will be implemented. Policy 3C.2.2 An annual maintenance program will identify and prioritize system needs for renewal, replacement, and betterment. Capital improvements considered necessary to maintain the system in good working condition will be made on a timely basis. Policy 3C.2.3 New distribution facilities will be sized to meet buildout conditions, including redevelopment. Policy 3C.2.4 A master plan for facility expansion will be updated and implemented at least every 5 years. Policy 3C.2.5 Sub-standard water lines in the area east of Interstate 95 and south of the Boynton Canal will be replaced by 1995. Objective 3C.3 Water Conservation. The city of Boynton Beach will minimize demands for water to reduce system expansion costs and the need for increased groundwater withdrawals. Policy 3C.3.1 Policy 3C.3.2 Water users in Boynton Beach will be advised annually, during the dry season, to reduce potable water usage for landscape irrigation, and to properly time irrigation activities. A water system rate schedule will be established to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development ,of sanitary sewer charges. 51 , 1,1~ "4 .,~ Policy 3C.3.3 *" Policy 3C.3.4 ~ (\..' ;er'\ft!/ 0~ v"~ iJ e"'" Policy 3C.3.5 Policy 3C.3.6 Policy 3C.3.7 The city will continue to enforce the Water Shortage Ordinance when necessary. The city will encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. (See Policy 3A.3.3). The City will encourage xeriscaping and native vegetation for landscaping, and where possible, will impose minimum requirements nn new developments. Use of water saving devices, irrigation systems, and plumbing fixtures shall be encouraged in the City1s service area. Water use allocation for emergency drought shall avoid irreversible impact on ecological systems and minimize long term adverse impacts on all sectors~ in accordance with the SFWMD emerqencv drouqht plan. Objective 3C.4 Equitable Financing of System Improvements and Operations. The city of Boynton Beach will fund potable water system capital improvements, replacement and rehabilitation,-and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. Policy 3C.4.1 Policy 3C.4.2 Policy 3C.4.3 Policy 3C.4.4 The potable water system will be operated as an independent enterprise, such that all costs will be borne by water utility customers, and revenues will be, used for the benefit of those customers. The rate schedule for water services will be based on public utility cost-of-service principles. Costs for the extension of service to new customers will be borne to the maximum extent possible by those new customers through a connection charge system. A reserve fund for routine system renewal and replacement will be maintained at a level equal to 120 percent of the previous year's expenditures for these purposes, or at the level required by bond covenants, whichever is greater. New developments will be required to install water lines according to city specifications in order to receive development approval. The new lines will in most cases be deeded to the City. 52 -ri ~ {v-Ji S~~(~ tfJ{~ ~~ " p-'l.f' 1 J~i?l1 tj.1 ?Igi SIMMONS & WHITE, INC. PrJ.. L'f4 ; Engineers. Planners · Consultants August 4, 1994 Job No. 94-72 TRAFFIC IMPACT STATEMENT ill ~(now~w AUG 2 () rOQA 376-Unit Residential Development FKA Boynton Nurseries, P.U.D. Boynton Beach, Florida PlANNING AND ONING DEPT. SITE DATA The subject parcel is located on the west side of Lawrence Road approximately 1300 feet north of Gateway Blvd. and contains approximately 84 acres. Approximately 60 acres of the total is currently developed as a wholesale nursery with accessory office, storage and equipment buildings. Although the existing nursery operations are currently being phased out for the proposed development, the nursery has been in full operation until recently. The property (formerly known as Boynton Nurseries P.U.D.) is also currently vested via the Palm Beach County Municipal Vesting List for a total of 400 residential units consisting of 162 single-family detached units and 238 multi- family attached units. The revised scheme of development consists of 376 single-family detached units and no multi-family attached units to be built-out in approximately 1999. Site access is proposed via two driveway connections to Lawrence Road aligning with Citrus Glen Drive to the north and the entrance to Citrus Cove Community Elementary School to the south. For additional information concerning site location and layout, please refer to the site plan prepared by Kilday and Associates. PURPOSE OF STUDY This study will analyze the proposed development's impact on the surrounding thoroughfares within the project's radius of development influence in accordance with the Palm Beach County Land Development Code Article 7, Section 7.9 Traffic Performance Standards. The Traffic Performance Standards require that a proposed development meet two "tests" with regard to traffic. Test 1, or the Link/Buildout Test, requires that no site specific development order be issued which would, during the build-out period of the project, add project traffic at any point on any major thoroughfare link within the project's radius of development influence if the total traffic on that link would result in an average annual daily traffic or peak hour traffic volume that exceeds the adopted threshold level of service during the build-out period of the project. 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (407) 965-9144 Traffic Impact Statement Job No. 94-72 August 4, 1994 - Page Two PURPOSE OF STUDY (CONTINUED) Test 2, or the Model Test, requires that no site specific development order be issued which would add project traffic to any link within the project's model radius of development influence if the total model traffic on that link would result in an average annual daily traffic volume, as determined by the model, that exceeds the adopted level of service. For the purposes of this analysis, the construction contemplated in the Modified 2010 Plan shall be used. This study will verify that the proposed development's traffic impact will meet the above Performance Standards. TRAFFIC GENERATION The Palm Beach County Unified Land Development Code Article 7, Section 7.9 (I) C - Traffic Performance Standards, APPLICABILITY, Subsection 2 (A) requires that for any application for a site specific development order on property on which there is a previous approval shall be subject to the Palm Beach County Traffic Performance Standards to the extent the traffic generation projected for the site specific development order exceeds the traffic generation of the previous approval. The generation rates and capture rates of the previous approval shall be updated to current pro forma traffic generation and pass-by rates and shall be used to calculate previous approval traffic. Boynton Nurseries P.U.D. is currently vested via the Palm Beach County Municipal Vesting List for a total of 400 residential units consisting of 162 single-family detached units and 238 multi-family attached units. The traffic currently vested to the site by the previous approval may be calculated as follows in accordance with the rates provided in Table 10.8-1 of the Palm Beach County Fair Share Road Impact Fee Schedule: 162 SinQle-Familv Units (Detached) 162 units x 10 tpd unit = 1620 tpd 238 Multi-Familv Units (Attached) 238 units x 7 tpd unit = 1666 tpd TOTAL: 3286 tpd Traffic Impact Statement Job No. 94-72 August 4, 1994 - Page Three TRAFFIC GENERATION (CONTINUED) The traffic to be generated by the proposed 376-unit single- family residential development may be calculated in accordance with the above rate: 376 SinQle-Family Units (Detached) 376 units x 10 tpd unit = 3760 tpd Reducing the 3760 tpd by the 3286 tpd currently vested to the site by the previous approval yields an increase in trips due to the revised scheme of development of 474 tpd: 3760 tpd - 3286 tpd = 474 tpd As stated in the SITE DATA portion of this report, an extensive wholesale nursery has been in operation on this parcel for many years. The original Traffic Impact Analysis for Boynton Nurseries P.U.D. prepared by K.S. Rogers, Consulting Engineer, Inc. dated December 26, 1989 (revised March 8, 1990 with Addendum dated March 15, 1990) did not take credit for vesting of trips being generated by the existing wholesale nursery operation. The Palm Beach County Unified Land Development Code Article 7, Section 7.9 (I) C - Traffic Performance Standards, APPLICABILITY, Subsection 2 (B) allows that for any application for a site specific development order on property on which there is an existing use shall be subject to the Palm Beach County Traffic Performance Standards to the extent the traffic generation projected for the site specific development order exceeds the traffic generation of the existing use. The generation rates and capture rates of the existing use shall be updated to current pro forma traffic generation and pass-by rates and shall be used to calculate previous approval traffic. The previous approval traffic vested to the site by the existing nursery may be calculated as follows in accordance with the new trip generation rate for wholesale nurseries provided by Palm Beach County Engineering Traffic Division: Wholesale Nursery (60 acres) 60 acres x 7 tpd acre = 420 tpd Traffic Impact Statement Job No. 94-72 August 4, 1994 - Page Four TRAFFIC GENERATION (CONTINUED) Because the previous approval vests 3286 tpd to the site and the site is concurrently vested with approximately 420 tpd via the existing use, credit for all vested trips shall be taken. The net increase in trips due to this Petition is therefore 54 trips per day: Total Proposed Trips Total Vested Trips from Previous Approval Total Vested Trips from Existing Use 3760 tpd (3286 tpd) ( 420 tDd) Net Trips to be Addressed by this Analysis 54 tpd Palm Beach County Unified Land Development Code Article 7, Section 7.9 (I) G - Procedure, Subsection 1 (C) (1) provides that amendments to residential projects generating fewer than 200 gross trips shall not be required to submit a Traffic Impact Statement. A brief review of the directly accessed link (Lawrence Road), however, reveals that adequate capacity is available to support the 54 additional trips per day and the project appears to meet the requirements of the Traffic Performance Standards: LINK 1990/1991 1993/1994 HISTORICAL VOLUME VOLUME GROWTH A. LAWRENCE RD. 1. Hypoluxo Rd. to Gateway Blvd. 7952 7647 07- SITE RELATED IMPROVEMENTS The A.M. and P.M. peak directional distributions calculated as follows: hour turning movement volumes at the project entrances may and be USE TOTAL P.H.F. PEAK DIRECTIONAL DIRECTIONAL TRIPS HOUR DISTRIBUTION DISTRIBUTION TRIPS (7- IN / OUT) (TRIPS IN/OUT) SINGLE FAMILY HOUSING (376 D.U.s) A.M. 3760 7.757- 291 267- / 747- 76 / 215 P.M. 3760 10.587- 398 657- / 357- 259 / 139 Traffic Impact Statement Job No. 94-72 August 4, 1994 - Page Five SITE RELATED IMPROVEMENTS (CONTINUED) As the report Road Palm need peak peak hour turning movement worksheet attached with this indicates, a left turn lane, south approach on Lawrence appears warranted at both project entrances based on the Beach County engineering guidelines used in determining the for turn lanes of 30 left turns or 75 right turns in the hour. No other site related improvements are recommended. CONCLUSION The subject parcel is vested for 3286 tpd from the Boynton Nurseries P.U.D. previous approval and for 420 tpd from the existing wholesale nursery. The revised scheme of development will result in a net increase of 54 trips per day over the total vested traffic and therefore appears approvable with regard to traffic performance. The 420 trips per day vested by the existing wholesale nursery may be credited towards the required Fair Share Road Impact Fees for the equivalent number of single family residential units, or the first 42 units calculated as follows: 420 tpd existinQ 10 tpd/D.U. = 42 D.U.s ~~, P.E. ~ S.~MONS & WHITE, INC. Engineers · Planners · Consultants I z / /4- 0 J) <r L ~O;:ZTH <:#Z{38)-' peQJ€CT / (D) .. E;lJTRAA../CG Z7(ZS~ ltr /4 48 0 (46) (Zu) (0) /# (48) J SOUTH 4~(Z6) --.J P.eOJc(3T z(a) ... eIJTR,.c:;,uC€ n c;o(sa) Z7' 0 (Z5) (oj lL l t r z-t /4 D (91) ~~) (t)) Lo(o) --- 0 (I)) r-O(O) C/T.eUS. CSt-EM De J VE L /)(0) ... 0(0) o (t)) ELE/Y?€lJr~el 5C. ~OOL ~ LEGEAJO 4-3 Am,. p~ H"R: }/t!)Lljh7E (2(;;) Pm,.P~"t./,e'. VC)LUmi: .37~ -VAIl r RE5/0E.AlT/AL OCI/€LOPA?c..u 9~-7e ere 8- ~ -.:J~ 4623 Forest HIli Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (407) 965-9144 ..JI' c~c Ie' ~ V L . G.L. HOMES OF FLORIDA September 1, 1994 Mr. Jim Cherof, City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Dear Mr. Cherof: This letter is being written to inform you that GL Homes of Florida Corporation has entered into an Agreement for Purchase and Sale with Boynton Nurseries for the purchase of approximately 83.85 acres. The property is located 1500 feet north of Gateway Blvd. on Lawrence Road and is within the city limits of Boynton Beach. For your review, I am enclosing a copy of the first page and signature page from our Agreement. Pursuant to your request, enclosed please find a copy of the last recorded Warranty Deed for this property. At this time, we are scheduled to close this sale on November 1, 1994. After a closing has occurred, we will furnish your office with a copy of the new Warranty Deed. I am also enclosing a copy of the Agency Agreement which has been signed by the Seller. This Agreement allows Kilday and Associates to act on behalf of the Seller through the site plan, zoning and platting processes. Lastly, please be advised that a Homeowners Association will be formed to maintain this PUD. It will be their responsibility to maintain all common areas and any other areas required by the City which fall within this PUD. If you should have any questions, please feel free to contact me. es of Florida Q~ Larry Po noy Vice President Sincerely, Enclosures; 1401 UNIVERSfTY DRIVE. SUITE 200. CORAL SPRINGS. FLORIDA 33071 .305-753-1730. FAX #305-753-4509 BB/31/1994 16:B2 4B7-655-59B4 ~ LANDSCAPE co PAGE B2 BOYNTON .NURSERIES MAIN O""ICI POST OFFICE 1I0X 21.. PA~M BEACH. p~ 33...0 ..07t eee.a.oo NUR8ERIES ..al LAWRENCE ROAD .OYNTON 8EACtf. F'L 33.38 ...071 732.Z721 Auguat. 31, 1994 Ms Tambry Hayden, Planning Director City of Boynton Beach 100 last Boynton Beach Blvd Boynton Beach, FL 33435 II: AGBHCY AGRBBKBlft' Dear Ms Hayden: This letter is to ..rve as permis8ion for Mr lieran J. Kilday and Kilday & Associates, Inc. to act as the agent to prepare and submit all documentation, and attend all meeting. pertaining to the property known as Boynton lurserie. Pun as it relates to any Zoning, Board of Adjustments, Final Site Plan, Final Subdivision Plan approval, and Time Extension through the City of Boynton Beach processe.. Furthermore, I/We 4'.../~ L(~~ ' owner, do hereby authorize Kieran J. IiI Y and kilday & Associates, Inc. to agree to terms or conditions which may aris8 as part of the approval of this application for a revi.ed site plan for Boynton Nurseries PUD. Sincerely, //~./ The foregoing instrument was aCknowledged befor me this day of 1994, by (name of person acknowledging) who is or who bas produced identification) and who did (d1d DOt) STATB or rLORIDA COURTY OF PALM BBACH personally known to me (as type of take an oath. (Signature of Person taking) (Name of Acknowledger - Print) (Title or Rank) (Serial number if any) (ROTARY'S SIAL) ... .. II , , , . .. )63 ':E So 138/31/1994 16:132 4137-655-59134 BOYNTON LANDSCAPE CO PAGE 134 407-276-5e0~ ~AW OFFICES 141 F"'0:! AUG 31-94 15=48 't . ." ~ '-;I T)IS IS A DB!D PURSUANT ~O A CO~'ORA~I DISSO~UTION AND NO DOCUMENTARY STAMP TAX IS DUB AND OWING PURSUANT TO DIPARTMINT or REVBNUB R~LB 128-4.14(9) ....rlff s:.. N. So. ~ ItlUlRAN'rl! DEBD ~"'.aElI.."l:.H' THIS WARRANTY DEsn Made tbis 1~A~ day of December, 1986, by BOYNTON NURSIRIIS, INC. a florid. corporation (hereinafter called -Grantor"), to BOYNTON NORSeR!!8, a Plorida general partner~bipl whos$ mailing addre.. ie 1425 Wilkins Avenue, We.t '.lm Beacb, Florida 33401 Chereinafter called "Grant.e"). (Wher~yer used beret" the ~~rm. "Grantor" and Grantee" include all the partie. to this instrument and their succe.Bors ana assigns) WITNeSSI'l'!!: That the Grantor, for and to consideration of th~ sum of TEN and 00/100 noll.rs <$10.00) and other good and valuable oon.iderations, the re~e1pt and suffieiency of which are bereby acknowledged, by these presents does hereby 9rant, bargain, 8.11, ali.n, remise, release, oonvey an~ eontirm unto the Grant.., all that certain land situate and being in Palm Beaoh County, Florida, ~ore particUlarlY described .e follow,: Th~ South on.-half (Sl/2) of the Southwest quartet (Swl/4) of tbe Northeast quarter (NI1/4), the South...t quarter (SI1/4) of Northeast quart.r CNE1/4) an~ the South one-half (Sl/2) ot th. Northeast quattet (NB1/4) ot Northea.t quarter (NE1/4), all in Se~tlon 13, Township 45 South, Range 42 E..t, palm Beach County, Florida. - TO HAVE AND TO HOLD, the same in fee simple fotever. TOGETHER ~itb all tenements, hereditaments and appurtenane~., thereto helongin9 or in anywise appertainin9. SUBJECT TO restrictions, reservatioD8, limitations, eonditions, easements and ~greements of record1 taxes and a'l.a.menta tot the year 1986 and all subsequent year., and all appl1~able envlronm$ntal, zoning and land use ordinances_ AND said Grantor does hereby fully warrant the title to the Property, and will defend the same a9Aln.t the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Gran~or has caused the.. presents to be executed the day and year fir8t above written, Signed, Sealed and nelivered: in the Presence of: BOYNTON NURSeRIeS, INC., . Florida corporation /itt:u- r fMyv~ I ames D. sturrock, President ~~~;(P~ (CORPORA'll SEAL) This Instrument was pr~p~red by and Should he Returned to: I W. Glenn Dempsey, maq. Gunster, Yoakley, Cr18er & Stewart, P.A. Phillips ~ointt Sui~e 500 777 South Fla91er brive West Palm Bea~h, ~lQrida 33401-6194 , o. "'0 ,'" 08/31/1994 16:02 407-655-5904 407-276-58a: _AW OFFICES , '. ~. STATE or 'LOR IDA COUNTY 0' PALM BeACH ) )88. ) BOYNTON LANDSCAPE CO PAGE a5 141 P03 AUG 31"94 15=49 '-' i1Th~ fore9~ing instrument was aCknowledged before me ' this t~ day ot n.cember, 1986 by James D. Sturrock, Jr., the ~re8i~.nt of BOYN10N NoaSERIBs, INC., a Plorida corporation, on behalf of the corporation, My Commission !xpire.: tWTfI!l:'f ptJ31lO. STAtt or fLQAlOA MY W16ft.iSSIUN f(flltl$ .lut&! zz. 1_ 9305D /.J.~ Notar;y Publ1 at x,arge 2 A&OORO VeAIFI!D PALM 8~CH COUNTY. 'l.A. JOHN e. OUNKI.l! CLEftK elR~U'T COUR" ACR!:!:MENT rOR PIJRCP.AS! l'.HU SAL!: THIS .. _AXEHENT FOR PURCHASE AND SALZ (. Aqret'-"nt.) _de and entered Into by and between BOYNTON NURSERIES, a Florida qeneral partn.r.hlp (.S.ller-) and G.L. HOMES or FLORIDA CORPORATION .nd/or Lt. ...1qn. (-Purch..er.,. WIT N ~ S S Z T H: WHEREAS. Saller La the own.r 1n fee aimple ot that c.rtain parcel of r.al proparty located 1n the City of Boyn1:on Beach, Coun1:y of P.llll B..ch. State ot Florlda (.LAnd.), whlch the partle. b.Ueve con.L.ta ot approx1..lll&tely 83.8S;t contLquoua qroe. acre. (wLthout overlap [except tor ....m.nt.). q.p or .ncroachment). a. more particularly de.cribed on ZxhlbLt A .ttached hereto and _de a part her.ot. toqether with .11 Lmprevem.nt. thereon, &11 ....m.nt., intereata. privLl.qe. and other r.l.qht. which .r. .ppurtenant to the Land (&11 ot the toreqoLn9 beinq her.alter called -SUbject Property." .nd WHEUAS. Purcha.er 1. deeirou. of purcha.1nq the S.ller ia dealrou. ot aelllnq the Subj.ct Property condltion. her.inattar .et torth, Subject Property upon the terlll8 and and HOW. THJ:RJ:FORJ:, for and In conald.ration ot TZH DOLLAllS ($10) and eth.r 900d and valuabl. con.id.r.tion, the receipt, auttlciency and adequacy ot which i. hereby acknowledqed by each party herete trom the oth.r party hereto. and in conaideration ot the mutual covenants, conditiona and prOClliae. herein contained. the ~artiea hereto do hereby aqre. .. tollows, 1. Rec!.tal.. The toreqo!.nq recitation. ar. true and correct and ar. incorporated herein by reterence. 2. lIcrreement tor Sale and ~reha.e. Seller aqre.. to aell to Purcha.er and Purcha..r aqre.. to purcba.. from S.ller the Subject Property. upon the t.rm. and condition. herein ..t torth. 3. pureha.e ~r!.ee' (a) Subjecl: to adju.tment. and proration. a. .et torth h.rein, the .Pureha.. Price. to b. paid by Purcha.er to Seller tor the Subject Pro~ (83.85 acru) .hall b. _- _ (.pureha.. Prics.'. T~reha.e irice for the SUDj.ct iroparty has tieen ba.ed upon a prics ot approxi_tely Provided that the aurvey d..cribed in Paraqraph 5 herein reflects no greater variAnce thAn three (31 acre. from the above ..timate ot the AcreAq. contained within the Land. then the Purcha.e Pric. .hall adju.t upward or downward on .aid .urveyed Acr.Age ba.i. ba.ed upon If any .uch acreAqe vari&nc.. i. qreater than thr.. (3) acre., tl'len either Seller or Purcba.er may cancel this Agreem.nt durinq the .In.pection ?eriod. (a. hereinafter defined) and the -Depo.it. (a. h.reinatt.r definedl .hall b. returned to pureha.er. (b) Th. Purcba.. Price .hall b. paid a. tollow., (1) Purcha.er .hall, within three (3) bu.ine.. day. after the -Execution Oat.. (aa hereinafter defined), deliver to Ruden, Barnett, HcClo.ley. Smith, Schu.ter Ii Ru..ell, i'.A. (.~scrow Agent.) the 1\.llIl ot_ C.:n1t1al Oepe.it.); the aum repre.ented by the Initial Cepo.ll: being a part ot the i'urchaae i'rice. The Initial Depeait .hall b. r.tained in ..crow in an intere.t-bearinq acceunt: by the Z.crow Aqent: pursuant to the te~. and conditions of this Aqreement:. Additional .Depo.it., . aqaina1:. the (2) Unle.. purcbaaer ,hall elact to cancel this Aqreement in the manner provided, Purcbaeer .hall deliver to Zecrow Agenl: no later than the end of the In.pection Period, an additional depo.it in the &lI\Ount of U r I (.Additional Oepe.it.). ~he Initial Oepe.it and Cepoeit are her.atter lIinqularly and t0gecher c.lled the Th. Oepoeit and all accr'.Jed intere.t thereon ahall be credited Purcha.. Price payable .t the .Clo.ing- (a. h.reinafter definedl. 1 F/260SPll 1/14 ~_MMONS & WHITE, INC. Engineers e Planners e Consultants October 3, 1994 The City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Attention: Mr. Mike Haag RE: Boynton Nurseries, P.D.D. Boynton Beach, Florida Dear Mr. Haag: The purpose of this letter is to certify that the roadway improvements listed in the phasing schedule of Mr. Walter Keller's letter to the City dated May 3, 1990 for the above referenced project have been completed. These roadway improvements are as follows: 1. Six laning of Congress Avenue from NW 22nd Ave. to Boynton Beach Blvd. 2. Five laning of Old Boynton Road from Knuth Road to Lawrence Road. 3. Six laning of Boynton Beach Blvd. from Old Boynton Road to 1-95. It should be noted that although Mr. Keller's initial review of the project suggested that the six laning of Congress Avenue from Hypoluxo Road to NW 22nd Ave should be included in the phasing requirements, Mr. Roger's March 15, 1990 letter and Mr. Keller's May 3, 1990 letter do not require the referenced widening and superceed the initial February 5, 1990 review. The project therefore meets the requirements of the Palm Beach County Traffic Performance Standard with no phasing to roadway improvements. If you require any further certification, please call. Sincerely, -~--_._-_._---,._-~ cc: Collene Walter 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (407) 965-9144 LATEST APPROVAL Permitted Uses In a pun District, buildings, or sttuctures. or land, or water shall be used only for the following purposes: A. Single-family dwellings; B. Two-family dwellings or duplexes; C. Multiple-family dwellings, townhouses, garden apart- ments and cluster housing; D. Private, nonprofit clubs, community centers, civic and social organization facilities; E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; H. "Neighborhood" commercial uses which are deter- mined at the time of zoning to PUD, to ~ compatible with the existing and future development of adjacent and nearby lands outside the PUD; I. Other uses of a nature similar to those listed, after determination and recommendation by the planning and zoning board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development; J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classifica- tion. K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories. L. Home occupations consistent with appendix A, section U.D. are permitted without the necessity of being specified at the time of zoning to P.U.D. (Ord. No. 89-45, ~ 4, 12.5-89) PRESENT SUB"MITTAL Permitted Uses In a PUD District, buildings, or structures, or land, or water shall be used only for the following purposes: A. Single-family dwellings; B. Two-family dwellings or duplexes; C. Multiple-family dwellings, townhouses, garden apart- ments and cluster housing; D. Private, nonprofit clubs, community centers, civic and social organization facilities; E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; H. "Neighborhood" commercial uses which are deter- mined at the time of zoning to PUD. to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; 1. Other uses of a nature. similar to those listed, after determination and recommendation by the planning and zoning board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development; J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classifica- tion. K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories. L. Home occupations consistent with appendix A, section l1.D. are permitted without the necessity of being specified at the time of zoning to P.U.D. (Ord. No. 89-45, f 4, 12.5-89) ~~ --.-.- --_._----~~ BOYNTON NURSERY, P.U.O. Projected Population Calculations 1990 Census of Boynton Beach Total Population 46,194 Aae Population % of Population 0-20 21 - 54 55+ 9,721 18,204 18,269 21 39 40 376 d.u.'s x 2.5 persons per household 940 Persons Aae 0-20 .21 x 940 = 197 Persons 21-54 .39 x 940 = 367 Persons 55+ .40 x 940 = 376 Persons TOTAL 940 Persons Above based on % of population age brackets, as determined by 1990 Census counts. 1990 Census of Popu1ati. and Housing 040 Florida 160 Boynton Beach city Total population.............................................. SEX Male. . . . . . . . . . . .. . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . ... .. . . . Female. . . . . . . . . . . . . . .. .. .. . .. .. .. . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . <II . . . AGE Under 5 years.............................................,....... 5 to 17 years.................................................... 18 to 20 years............,...................................... 21 to 24 years................................................... 25 to 44 years.................................................... 45 to 54 years................................................... 55 to 59 years................................................... 60 to 64 years...... I . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 to 74 years................................................... 75 'to 84 years......... II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 years and over............................... . . . . . . . . . . . . . . . . . Median age....................................................... Under 18 years...............................................,..,... Percent of total population...................................... 6S years and over...............,........................ t . . . . . . . . . . . . . . Percent of total population...................................... HOUSEHOLDS BY TYPE Tot.al households.................................................... Family households (families)..................................... Harried-couple families....................................... Percent of total households....................,........... Other family, male householder................................ Other family, female householder.............................. Nonf8lllily households. . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. .. Percent of total households................................ Householder liVing alone................................ . . . . . . Householder 65 years and over... . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons living 1n households..................................... Persons per household............................................ CROUP QUARTERS Persons living in group quarters.............,................... Institutionalized persons..................................... Other persona in group quarters............................... RACE AND HISPANIC ORIGIN ~ White. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Black. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Percent of total population........................."....".. American Indian, Bskimo, or Aleut................................ Percent of total population................................... Asian or Pacific Islander........................................ Percent of total population................................... Other race ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hispanic oriain (of any race).................................... Percent of t.o'tal population................................... Page 1 46 , 194 21,575 24,619 2,695 5,710 1,316 1,980 12,544 3,680 1,890 2,382 6,527 6,044 1,426 42.7 8,405 18.2 13,997 30.3 20,292 12,983 10,363 51.1 696 1,924 7,309 36.0 6,090 3,856 45,608 2.25 586 515 71 35,912 9,296 20,1 52 0.1 290 0.6 644 3,124 6.8 \...., 1990 Census of Population and Housing 040 Florida 050 Palm Beach County 140 Tract 58.04 Total population........................................... - SEX Male. Female. . AGE Under 5 years...... 5 to 17 years. 18 to 20 21 to 24 25 to 44 45 to 54 55 to 59 60 to 64 years... 65 to 74 75 to 84 85 years and over. Median age......... Under 18 years....... Percent of total population. 65 years and over.............. Percent of total population.. HOUSEHOLDS BY TYPE Total households... Family households (families). Married-couple families.. Percent of total households. Other family, male householder... Other family, female householder....... Nonfamily households.... .......... Percent of total households.. Householder living alone........ Householder 65 years and over.. Persons living in households. ...... Persons per household......... GROUP QUARTERS Persons living in group quarters... Institutionalized persons.... ... OLher persons in group quarters. RACE AND HISPANIC ORIGIN White. Black. Percent of total population. American Indian. Eskimo, or Aleut. Percent of total population.. Asian or Pacific Islander'....... Percent of total population.. Other Hispanic origin (of Percent of total .."' . . . . ............... It ...... ..... ..... ................. . . . ..... . . . ........ ~'ears, . years. years. . years. . years. . . . . . . . . . . . . . years. . . years.. . .............. ...... . . ...... . . . . . . . . ....... .. . . . . . . . race. . . . . . . . . . . . . . . . . . . . . any race)... population. '---" Page 1 2.306 992 1,314 12 30 12 19 95 108 136 271 911 610 102 70.2 42 1.8 1.623 70.4 1,333 844 791 59.3 10 43 489 36.7 464 396 2,306 1. 73 o o o 2.303 1 0.0 1 0.0 1 0.0 o 14 0.6 SIMMONS & WHITE, INC. Engineers e Planners · Consultants August 2, 1994 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Attention: Ms. Tambri Hayden Planning Director 376-Unit Single-Family Residential Development F.K.A. Boynton Nurseries P.U.D. Boynton Beach, Florida Re: Dear Ms. Hayden: Simmons & White, Inc. has been retained to prepare a Traffic Impact Study for the above-referenced project. Boynton Nurseries P.U.D. is currently vested via the Palm Beach County Municipal Vesting List for a total of 400 residential units consisting of 162 single-family detached units and 238 multi-family attached units. The revised scheme of development consists of 376 single- family detached units and no multi-family attached units to be constructed in two phases. The traffic currently vested to the site by the previous approval may be calculated as follows in accordance with the rates provided in Table 10.8-1 of the Palm Beach County Fair Share Road Impact Fee Schedule: 162 SinQle-Family Units (Detached) 162 units x 10 tpd unit = 1620 tpd 238 Multi-Family Units (Attached) 238 units x 7 tpd unit = 1666 tpd TOTAL: 3286 tpd The revised scheme of development will be constructed in two phases. Phase One will consist of 328 single family detached units and will generate 3280 trips per day: 328 SinQle-Family Units (Detached) 328 units x 10 tpd unit = 3280 tpd Phase One of the project will result in a net decrease of 6 tpd over the previous approval traffic and is therefore approvable with regard to traffic performance: 3286 tpd - 3280 tpd = 6 tpd 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (407) 965-9144 BOYNTON NURSERIES P.U.D. STANDARDS PRODUCT CATEGORIES: 1. ZERO LOTS - Minimum 5,000 square foot lot; typical lot size 50' x 100'; minimum 1,400 square foot buildings; minimum one car garage. 2. "Z" LOTS - Minimum 4,000 square foot lot; typical lot size 40' x 100'; minimum 1,100 square foot buildings; minimum one car garage. RIGHTS OF WAY: ... ....~igntofW~y~rea)<. ... Pavement (A) Grass on Side 1 of Road Grass on Side 2 of Road Sidewalk on Side 1 of Road Sidewalk on Side 2 of Road Total$ . . . . ., '..,. . .. . .40'RdW.. ........ .!5()'RbW............... .. .........S()'ROW....... ... ,..........,. -.":::<:: ".:-.,.- :,-",,:,"..<., :-:-; ;. . .. ..'......."...'..,..'..."........ 4 (B) 28 10 10 8 4 24 6 6 4 o ...40 24 9 9 4 # of Trips R.O.W. can Serve 800 1500 4000 (A) Pavement includes 2' of valley gutter on both sides of road. (B) 50' R.O.W. accessing individual pods will only have sidewalk on one side. SETBACKS: Both Product Cateaories BUILDING (Le.. HOME/COVERED PATIO) FRONT from Right of Way (Le., property line) to garage 20' FRONT from Right of Way (Le., property line) to front of house 15' REAR from back of house to rear property line 10' (A) SIDE from Zero lot line property line to side of house 0' SIDE from non zero property line to side of house 1 0' (B) SIDE (Corner Lots) from Right of Way (i.e., property line) to side of 13.5' house (A) For homesites with buffer easements, setback is measured from property line; however, building can not encroach into buffer easement. (B) Indicated minimum 10' between buildings and at least 5' from property line to side of house. POOLS REAR (Interior Lots) from waters edge to rear property line 5 REAR (Lake and Preserve Lots) from waters edge to rear property line 3 SIDE from waters edge to zero lot line 3 SIDE from waters edge to non zero lot line 7 SCREEN ENCLOSURES REAR (Interior Lots) from screen to rear property line 2 REAR (Lake and Preserve Lots) from screen to rear property line 0 SIDE from screen to zero lot line 0 SIDE from screen to non zero lot line 5 BUFFERS: Adjacent to Lawrence Road R.O.W. 40' (A) Adjacent to offsite residential and specified use 25' (B) Adjacent to Canal R.O.W. 5' (C) (A) Buffer measured from Lawrence Road right of way to the rear of a building structure; may overlap with utility and lake maintenance easements. (B) Buffer measured from rear property line to the rear of a building structure. (C) Plus 35' of additional R.O.W. dedicated to LW.D.D.; the District has indicated that this area will remain as greenspace. EASEMENTS 1. Drainage - 15 feet between structures 2. Lake Maintenance - 20 feet along lake perimeter 3. Utility - 10 feet in front of lots and elsewhere as specified by applicants engineer 4. Landscape - Within 60 R.O.W.; See Cross Section for details RECREATION Size - 2.84 acres (in addition to 2.5 acre public park) Minimum Amenities - Pool, patio deck, tennis courts, basketball, playground, clubhouse, open play area. LANDSCAPE REQUIREMENTS Total Site Tree Requirement - 1,577 (A) Lawrence Road - 1 tree every 25 lineal feet plus 1 shrub every 10 lineal feet Adjacent to Offslte and Unspecified Uses - 1 tree every 40 lineal feet Recreation Area - 60 trees Zero Lots - 1 tree per 1500 s.1. and 1 shrub per 250 s.1. of lot area Z Lots - 1 tree per 1500 s.f. and 1 shrub per 250 s.1. of lot area Preservation/Relocation - Existing significant native hardwood and palm tree species will be preserved or relocated on-site where possible. (A) Does not include Preserve; Preserve will consist of at least 2 acres of existing on-site trees in good conditions, some of which will be relocated.