AGENDA DOCUMENTS
July 7,1998
I. OPENINGS:
L lTY OF BOYNTON BE..ACH;~i~._ll@. rn D..W ~ @'
REGULAR CITY COMMISSION MEETIN I 1 n .
AGENDA ,I I ,1.Ur.! 3 0 1~""8 ! U
I ' ,-, '\ -.:;j'
REVISED FIRST PAGE ! L .' j
PLM~i~:NG AND
7Q~!lw: ,t:PI
6~~e' , '.'
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Reverend Randall Gill - First Presbyterian Church
C. Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Appointments to be made:
Appointment
To Be Made
Board
Length of Term
Exoiration Date'
IV Tillman
Mayor Taylor
III Jaskiewicz
IV Tillman
Mayor Taylor
Bldg. Bd. Of Adj. & Appeals
Code Compliance Board
Community Relations Board
Community Relations Board
Education Advisory Board
Alt
Alt
Reg
Alt
Stu
1 yr term to 4/99
1 yr term to 9/98
3 yr term to 4/00
1 yr term to 4/99
1 yr term to 4/99
TABLED 2
TABLED-3
TABLED 2
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
1 Ezell Hester Community Center New Construction Grand Opening
Celebration - Saturday, August 1, 1998 at 10:00 a.m.
B. Presentations:
A. Presentation to Angelo Gepponi, Artist, for his art donations - (Requested by
Vice Mayor Shirley Jaskiewicz)
1. Legislative Update - Senator Ron Klein
2. Presentation of Employee Service Awards
25 Years
Cyril S. Deal
Barry A. Taylor
Equipment Operator II
Refuse Collector II
Sanitation
Sanitation
Agenda
Regular City Commission Meeting
July 7, 1998
20 Years
E. Paul Sheridan Police Sergeant Police
Robert D. Ailstock Chief Operator-Public Water Public Water Systems Operations
Troy M. Davis Foreman III Sanitation
15 Years
Matthew S. Playne Firefighter III Fire
James C. Ness Deputy Fire Chief Fire
Robert L. Anderson Firefighter III Fire
David D. Liu . Battalion Chief Fire
Nicholas A. Lucente Fire Lieutenant Fire
Steven R. Wojciechowski Fire Lieutenant Fire
William M, Gulbrandsen Battalion Chief of Train Fire
Mark D. Bobich Env Coord/Util Safety Officer Sewage Collection
Doris Kendall Water Plant Operator III Public Water Systems Operations
James p, Cummings Police Major Police
Suzanne M. Kruse City Clerk City Clerk
Barry H. Ehmke Firefighter III Fire
Kevin J. Hallahan Forester/Environment Parks
Bonnie L. Glinski Administrative Assistant I Development
10 Years
Alonzo M, Vreeland Service Writer Vehicle Service (Retired)
Arthur L. Lee Human Resources Manager Human Resources
Luke E, Henderson Fire Lieutenant Fire
Eduard G, Herrmann, Jr. Fire Lieutenant Fire
Bradley D. Thyng Firefighter II Fire
Gary L. Bean~ Equipment Operator III Roads & Streets
William S, Goss School Crossing Guard Police
Gerard L. Nault Crime Scene Technician Police
Carole C, Roberts Crew Leader Facilities Management
Gloria J, Heissenberg Clerk III Recreation
Toby J, Athol Police Detective Police
David M. Demarest Police Officer Police
John J. Peters Police Officer Police
Willie J, Webb Code & License Inspector Code Enforcement
2
Agenda
Regular City Commission Meeting
July 7, 1998
Frank J. Briganti Police Sergeant Police
Craig G. Ortman Police Officer Police
Grace Ramos Library Assistant II Library
Michael L. Osborn, Jr. Utility Maintenance Mechanic III Public Water Systems Maintenance
Thomas S, Wallace Police Sergeant Police
Sarah A. Byers Administrative Assistant I Police
Maria Rodriguez Dispatcher II Communications
Ralph P. Sammis LifeguardlWill Call Recreation
Terry L. Daeumler Water Plant Operator III Public Water Systems Operations
Betty L. Sangi Clerk III City Clerk
Robert H, Lee Auto Shop Supervisor Vehicle Service
Gerald Leary Communications & Data Control Utility Administration
Specialist
Steven Schoenfeld Police Officer Police
Philip G. Gillig Chief Electrician Utility Pumping Stations
IV. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Regular City Commission Meeting of June 16, 1998
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
1. Motion to approve a one-year extension for the "ANNUAL SUPPLY OF
POLYPHOSPHATE TYPE CORROSION INHIBITORS" to Technical
Products Corp., with an estimated annual expenditure of $40,000
2. Motion to approve a one-year extension for the "ANNUAL SUPPLY OF
SULFURIC ACID" to Apperson Chemicals, with an estimated annual
expenditure of $144,408
3. Motion to purchase two 80K Portable Generators utilizing the same terms
and conditions of a 1997 bid awarded to O-K Generators in the amount of
$59,800.
3
Agenda
Regular City Commission Meetn 1,:*
July 7, 1998
4. Motion to approve a one year extension for the renewal of the Water
Meter Contract - Remote Touchread System to Sensus Technologies,
Inc. with an ;;stimated annual expenditure of $273,000.
5. Motion to award 3 year contract for ball retrieval/Nine Lakes at the
Municipal Golf Course to Nitro/Second Chance for annual receipt of
$13.000 (Proposed Resolution No. R98- )
6. Motion for multi-award, as per staff recommendation, for annual supply of
brass fittings and accessories with an annual estimated expenditure of
$150,000.
C. Resolutions:
1. Proposed Resolution No. R98-111 Re: To authorize and direct staff
to apply for Phase 5, Palm Beach County Roadway Beautification 50/50
matching grant for 8 roadway medians on South Congress Avenue.
between Golf Road and Ocean Drive.
2. Proposed Resolution No. R98-112 Re: Approving a FiI1ancial
Assistance Agreement for Landscaping along Congress Avenue from SW
30th Avenue north to Golf Road (SW 23rd Avenue) .
3. Proposed Resolution No. R98-113 Re: Approving the release of
remaining surety for Quail Run Villas Phase II and III
4. Proposed Resolution No. R98-114 Re: Safety in Schools
5. Proposed Resolution No. R98-115 Re: Approving job description for
Automated Sanitation Truck Driver
6. Proposed Resolution No. R98-116 Re: Approving letter of credit No.
12266 from M&T Bank in the amount of $53,363.20 as surety for
installation of the water and sewer systems to serve Guardian Storage
7. Proposed Pesolution No. R98-117 Re: Accepting letter of credit No.
77461 from 11t United Bank as surety for water and sewer improvements
to serve the proposed Boynton Shoppes
8. Proposed Resolution No. R98-118 Re: Approving water service
agreement for Military/Cocoanut, Inc. to serve a proposed gas station and
convenience store located at Coconut Lane & Military Trail
9. Proposed Resolution No. R98-119 Re: Entering into a federal
equitable sharing agreement with the Federal Government of the United
States, the Department of the Treasury and the Department of Justice.
4
Agenda
Regular City Commission Meebl'!J
July 7, 1998
10. Proposed Resolution No. R98-121 Re: Authorizing execution of
restoration agreement between the city and Palm Beach County for
Project No, 95511 (Lawrence Road).
11, Proposed Resolution No. R98-122 Re: Approving return of cash
sureties check on deposit for N. Federal Highway west ROW landscape
1997 project in the full amount of $36,581.60.
D, Ratification of Planning & Development Board Action:
1, Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance from the
LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6' high chain
linked fence along the south property line in lieu of the required 5' high concrete
block buffer wall to separate the Riverwalk Plaza from the abutting residential
district. (TABLED TO 7/21/98)
2, Self-Storage facilities (William Morris/Kilday & Associates, Inc.) - Request to
amend the Land Development Regulations, Chapter 1 and Chapter 2, to expand
the definition for self-storage facilities to differentiate between limited access self-
storage facilities and multi-access, self-storage facilities; to add limited access
self-storage facilities to the list of permitted uses within the C-1,
Office/Professional zoning district, and to change the design requirements,
locational criteria and other development standards for self-storage facilities.
(TABLED TO 7n/98)
3. Shoppes of Woolbright PCD - Favorite Food Court (Bradley D. Miller, AICP)
Request for modification to master plan for the Shoppes of Woolbright PCD
through adjustment of square feet from planned retail use to the remaining
restaurant outparcel in connection with processing of the Favorite Food Court
use application to construct a 4,000 square foot (restaurant) with a drive-thru
4. Quantum Corporate Park - (Roscoe Biby, P .E.) - Request to amend the list of
approved uses for the Quantum Park PID master plan to allow studio suites on
lots designated "Hotel-.
E. Approval of Bills
F. Authorize release of $10,000 budgeted for fiscal year 1997/98 for subsidized
child care programs .
G. Motion to approve application for matching grant funds for repairs to Cafe Barista
In accordance with Downtown Fayade Program Guidelines ($5,000)
H. Approval of expenditure of Law Enforcement Trust Funds in the amount of
$10,000: $2,500 to Boy Scouts of America (Gulfstrttam Council), $4,000 to Lake
Worth High School Law Enforcement Magnet Program, and $3,500 to the
Boynton Beach Police Athletic League (PAL)
I. Approval of requisition in the amount of $11,600 to extend cart and lifter rentals
for pilot cart program.
5
Agenda
Regular City Commission Meet,,~
July 7, 1998
V. CITY MANAGER'S REPORT:
A. Neighborhood Partnership Application with Sterling Village
B, Special Events Permit for DeLuca's ShowTime
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project:
Agent:
Location:
Description:
Boynton Beach Mall
Thomas A. Marsicano, Vice President
URS Grenier, Inc.
Boynton Beach Mall
Request to amend the Development Order of the Boynton Beach.
Mall Development of Regional Impact (DRI), amending Ordinance
96-26, to extend the build-out date to December 31,2000.
PROPOSED RESOLUTION NO. R98. Re: Amending the
Development Order to change the build-out date to December 31, 2000
B.
Project:
Agent:
Location:
Description:
VIII. BIDS:
Favorite Food Court
Bradley D. Miller, AICP
Miller Land Planning Consultants, Inc.
East side of SW 8th Street, north of Woolbright Road
Request for conditional use approval to construct a 4,000 square
foot restaurant with a drive-thru within the Shoppes of Woolbright
PCD
A. Motion to deny the bid protest of Communications International, Inc.
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
None
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
6
Agenda
Regular City Commission Meetm\:j
July 7, 1998
1. Proposed Ordinance No, 098-19 Re: Regarding the application of
Vincent Barrera (a 0,41 acre parcel located at 3025 North Federal Highway,
opposite the northeast corner of the Gulfstream Mall); annexing a certain
unincorporated tract of land that is contiguous to the City limits within Palm
Beach County and that will, upon annexation, constitute a reasonably compact
addition to the City territory, pursuant to a petition by the owner of said tract of
land, requesting annexation pursuant to Article I, Section 7(32) of the Charter of
the City of Boynton Beach, Florida, and sections 171,044, and 171.062(2),
Florida Statutes; providing the proper land use designation and proper zoning of
the property shall be reflected in separate Ordinances to be passed
simultaneously herewith and providing that this Ordinance shall be filed with the
Clerk of.the Circuit Court of Palm Beach County, Florida
2. Proposed Ordinance No. 098-20 Re: Regarding 3025 North
Federal Highway (Barrera Property) Amending Ordinance 89-38 by
amending the Future Land Use Element of the Comprehensive Plan of
the City by adopting the proper land use of certain property from
Commercial High Intensity (County) to Local Retail Commercial (City)
3. Proposed Ordinance No. 098-21 Re: The application of Vincent
Barrera (a 0.41 acre parcel located at 3025 North Federal Highway,
opposite the northeast comer of the Gulfstream Mall) amending
Ordinance 91-70 of said City by rezoning a certain tract of land more
particularly described herein from CG (General Commercial in Palm
Beach County) to C-3 (Community Commercial)
B. Ordinances - 1 st Reading
1. Proposed Ordinance No. 098-22 Re: Amending Chapter 6,
"Cemeteries" of the Code of Ordinances by amending Section 6-3 to
abolish the Board of Trustees of the Municipal Cemetery and establishing
a cemetery fund, and amending Section 6-5 to remove all reference to
that Board of Trustees and the trust.
2. Proposed Ordinance No. 098-23 Re: Rezoning and master plan
approval of property located on the northeast comer of Woolbright Road
and Knuth Road and amending Ordinance ~1-70 by rezoning The
Hamptons at Boynton Beach PUD
3. Proposed Ordinance No. 098-24 Re: Amending Ordinance 89-38
to amend the Future Land Use Element of the Comprehensive Plan to
change the land use designation of 14.18 acres of land owned by The
First Baptist Church of Boynton Beach from Moderate Density Residential
to Local Retail Commercial Development (PCD)
4. Proposed Ordinance No. 098-25 Re: Amending Ordinance 91-70
to rezone approximately 14.18 acres of land owned by The First Baptist
Church of Boynton Beach from Planned Unit Development (PUD) to
Planned Commercial Development (PCD)
7
~
Agenda ( ,
Regular City Commission Meetl..
July 7, 1998
5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38
of the Future Land Use Element of the Comprehensive Ple:.n to change
the land use designation from Moderate Density Residential to Hrgh
Density Residential on 66.16 acres of land known as Woolbright Place
PUD
6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel
of land located north of Miner Road between Lawrence Road and
Congress Avenue owned by Roland E. and Ceila M. Foster
7. Proposed Ordinance No. 098-29 Re: Amending Ordinance 91-70
by rezoning property owned by Roland E. Foster and Ceila M. Foster
from Agricultural Residential (AR) in Palm Beach County to Planned Unit
Development (PUD)
8. Proposed Ordinance No. 098-28 Re: Amending Ordinance 89-38
by amending the Future Land Use Element of the Comprehensive Plan to .
change the land use designation of 23.4 acres of land owned by Roland
E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to Low
Density Residential
C. Resolutions:
None
D. Other:
1. Consideration of waiving the confidentiality of the appraisals the City has
obtained on the two parcels of land associated with the Pond "B" project
2. Alhambra Square South - Proposed amendment to an agreement to
clarify the number of units permissible
XII. UNFINISHED BUSINESS:
A. Commission Action of Code Compliance Board Matters:
1. Approval of Code Compliance Board's decision to reduce the lien
imposed in Case #97-2452 from $1,325 to $250.
XIII. OTHER:
XIV. ADJOURNMENT:
8
--~_.-~ --~- ----------"...-...._.~-,._._._.__.-.---
Agenda
Regular Oty Commission Meeting
July 7, 1998
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, He/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, He/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED, (F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
\\CH\MAIN\5HRDA TA\CC\WP\CCAGENDA\0707,DOC
6/30/98 10:25 AM
9
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOrun
- ,-LEGAL
ITEMS 8.6, 8.7 & 8.8
Requested Cir.- Cummission
MeetlOg Dates
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meetinll: Dates
Date Final Form Must be Turned
in to City Clerk's Office
o May 5. 1998
o May 19.1998
April 24. 1998 (noon) I:8J July 7, 1998
May 8,1998 (noon) 0 July 21,1998
June 26, 1998 (noon)
July 10, 1 ~ (noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Pusiness
~ Legal
o Unfmished Business
o Presentation
RECOMMENDA nON: Please place the attached ordinances, pertaining to the request below, on the July 7. 1997 City
Commission meeting agenda under Legal, Ordinances, These amendments to the Comprehensive Plan were approved at the
January 6, 1998 City Commission meeting. As you may recall the requests were for 1) annexation, 2) land use amendment
and 3) rezoning for the ultimate development of98 single family, zero lot line homes. The property is currently classified as
Medium Residential 5 (MR5) and zoned Agricultural Residential (AR) in Palm Beach County. Item #1 is the annexation of
23.4-acre parcel ofland; item #2 is the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in
Palm Beach County to Low Density Residential; and Item #3 is the rezoning from AR in Palm Beach County to the City of
Boynton Beach zoning of Planned Unit Development (PUD). In connection with processing a land use element amendment
that involves property in excess of 10 acres, the plan amendment must be approved by the Florida Department of Community
Affairs (DCA). The proposed amendments were transmitted to the Florida Department of Community Affairs (DCA) for
first review approval. On June 8, 1998, we received the proposed amendments back from the DCA and now the city has 60
days to adopt the ordinance and thereafter transmitting same to DCA for their compliance review, Therefore, staff
recommends that the attached ordinances be approved for adoption.
EXPLANATION:
PROJECT: Foster Property (ANNX 97-001 and LUAR 97-003)
AGENT: Julian Bryan and Associates
OWNER: Roland E, and Leila M. Foster
LOCATION: North side of Miner Road, one-half (112) mile west of Congress A venue.
DESCRIPTION: Requests are as follows:
Item # I is for annexation a 23.4 acre parcel of land,
Item #2 is the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low
Density Residential, and
Item #3 is to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with
a land use intensity of 4,0 (PUD with LUI=4.0) to allow for 98 zero lot line, single family homes.
PROGRAM IMP ACT: Nt A
FISCAL IMPACT: N/A
\\CH'MAlN\SHRDA T A 'PU,J.Jl-<1NG\SHA/l.EDIWl"PROJEcrS\FOSTER PROPERTY\AGENDA ITEM REQUEST 1-7.91.DOC
-1-
ITY OF BOYNTON BEAL_.
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Nt A
(3~{/fJ~liltt.l_
I Department Head's Signature
Development
Department Name
City Manager's Signature
~;L::::c.':::m~
-u - ....,/~ .
I' .......- '-- (.r l.....-
Acting Director of PIa ing and Zoning
JlSHJU>A T AIPLANNINGlSHAIUlD\Wl"J'ltolCCTWOSreJl PIlOPEllTY\AGENDA ITEM REQUEST 1-MlDOC
. z.
XI-LEGAL:
ITEM 8.6
ORDINANCE NO. 098-
II
AN ORDINANCE OF THE cm COMMISSION OF
THE cm OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPUCATION OF ROLAND E.
AND CElLA M. FOSTER (A 23.4 ACRE PARCEL
LOCATED NORTH OF MINOR ROAD BEnNEEN
LAWRENCE ROAD AND CONGRESS AVENUE);
ANNEXING A CERTAIN UNINCORPORATED
TRACT OF LAND THAT IS CONTIGUOUS TO THE
cm UMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDmON TO THE CITY
TERRITORY, PURSUANT TO A PETITION BY THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 (32) OF THE CHARTER OF THE CITY
OF BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA STATUTFcS;
PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWIDi; PROVIDING FOR CON FUCTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF . THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
WH EREAS, the Comprehensive Plan for the aty of Boynton Beach
I
I require;) the development of an Annexation Program; and
WHEREAS, Julian Bryan of Julian Bryan and Associates, Inc., agent
on behalf of Roland E. Foster and Ceila M. Foster, property owners, , as
owner of the property more particularly described hereinafter, has heretofore
I filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
t I
I!
I: Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
! I
: I
I
I
certain tract of land consisting of23.4 acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to
annex the following tract of land as hereinafter described, in accordance with
Article I, Section 7 (32) of the Charter of the City and Section 171.044, and
171.062(2), Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm Beach
County is contiguous to the existing city limits of the City of Boynton Beach,
and will, upon its annexation, constitute a reasonably compact addition to
I the City territory.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1. Pursuant to Article I, Section 7 (32) of the Charter of
the aty of Boynton Beach, Florida and Section 171.044, Rorida Statutes the
following described unincorporated and contiguous tract of land situated and
lying and being in the County of Palm Beach, Florida, to wit:
\
,
I
The West 2/3 of the South ~ of the
East * of the Northeast ~ of the
Southwest " and the West 2/3 of the
East * of the Southeast ~ of the
So.~thwest " of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
is hereby annexed to the aty of Boynton Beach, Rorida, and such land so
annexed shall be and become part of the aty with the same force and effect
'I
1 I as though the same had been originally incorporated in the territorial
1 !
'i boundaries thereof.
,
I i Section 2: That Section 6 and 6( a) of the Charter of the City of Boynton
, Beach, Florida, is hereby amended to reflect the annexation of said tract of land
more particularly described in Section 1 of this Ordinance.
Section 3: That by Ordinances adopted simultaneously herewith, the
proper City zoning designation and Land Use category is being determined as
contemplated in Section 171.162(2), Florida Statutes.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 5: Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until the same has been
advertised for two (2) consecutive weeks in a newspaper of general circulation in
the City of Boynton Beach, Florida, as required by the City Charter and Section
171. 044, Florida Statutes.
II Section 7,
passage.
This ordinance shall become effective immediately upon
Section 9.
Specific authority is hereby given to codify this Ordinance.
This ordinance, after adoption, shall be filed with the Clerk of
Section 8.
the Circuit Court of Palm Beach County, Florida.
FIRST READING this
day of
, 1998.
I
:1
,
, -
SECOND, FINAL READING and PASSAGE this
11998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tern
, I
I
Commissioner
Commissioner
ATTEST:
City Oerk
(Corporate Seal)
s:ca\Ord\Al1nexatlon Foster
I
I
I
I
II
day of
XI-LEGAL
8.7
i
I
I
: I
I!
ORDINANCE NO. 0~8-
AN ORDINANCE OF THE cm COMMISSION OF
THE cm OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPUCATION OF ROLAND E.
FOSTER AND CElLA M. FOSTER AMENDING
ORDINANCE 91-70 OF SAID cm BY REZONING
A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
AGRICULTURAL RESIDENTIAL (AR) IN PALM
BEACH COUNTY TO PLANNED UNIT
DEVELOPMENT (PUD); PROVIDING FOR
CON FUCTS, SEVERABIUlY AND AN EFFECTlVE
DATE.
t.
WH EREAS, the City Commission of the City of Boynton Beach, Rorida
has adopted Ordinance No. 91-70, in which a Revised Zoning Map was
adopted for said Oty; and
WHEREAS, Julian Bryan of Julian Bryan and Associates, Inc., agent
for Roland E. Foster and Ceila M. Foster owners of the property more
particularly described hereinafter, has heretofore filed a Petition, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
Beach, Florida, for the purpose of rezoning a certain tract of land consisting
of 23.4 acres, said land being more particularly described hereinafter, from
Agricultural Residential CAR) in Palm Beach County to Planned Unit
Development (PUD); and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said Oty to amend the aforesaid Revised Zoning Map as
hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
, I
\..uMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of
Boynton Beach, Florida as set forth as follows:
The West 2/3 of the South ;( of the
East ~ of the Northeast ;( of the
Southwest 'Y4 and the West 2/3 of the
East ~ of the Southeast ;( of the
Southwest 'Y4 of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
i: be and the same is hereby rezoned from Agricultural Residential (AR) in Palm.
I
I Beach County to Planned Unit Development (PUD). A location map is attached
I
! hereto as Exhibit "A" and made a part of this Ordinance by reference. Attached
I' .
I! as Exhibit "B" is a copy of the conditions/requirements for this rezoning, which are
I incorporated herein.
i I Section 2: That the aforesaid Revised Zoning Map of the Oty shall be
I! amended accordingly.
,
I'
i ! Section 3: All ordinances or parts of ordinances in conflict herewith are
II
! I hereby repealed.
II
i:
: \ Section 4: Should any section or provision of this Ordinance or any
t
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
SectIon 5: This ordinance shall become effective immediately upon
I
pas gee
II
II
i I
II
II
FIRST READING this
day of
SECOND, FINAL READING and PASSAGE this
, 1998.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
1
i i
I
~ I
Vice Mayor
Mayor Pro Tern
Commissioner
Commissioner
AlTEST:
City Clerk
(Corporate Seal)
s:ca\Ord\Rezoning Foster
. i
I
I
I
I
, 1998.
(
KI-LEGAL
B.8
, I
ORDINANCE NO. 098-
I:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING 23.4 ACRES OF LAND
OWNED BY ROLAND E. FOSTER AND CElLA
M. FOSTER; AMENDING ORDINANCE 89-38
OF SAID CITY BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY BY ADOPTING THE
PROPER LAND USE O~ CERTAIN PROPERTY,
MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND USE
DESIGNATION IS BEING CHANGED FROM MR-
5 IN PALM BEACH COUNTY TO LOW DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
II
. ! ,
I
WHEREAS, the City Commission of the City of Boynt9n
Beach, Florida has adopted a Comprehensive Future Land
Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89-38 in accordance with the
Local Government Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future
Land Use Element of a Comprehensive Plan as set forth in
Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the
inhabitants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMIS~~ON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Sect ion 1:
Ordinance No. 89-38 of the City is
hereby amended to reflect the following:
That the Future Land Use of the following described
land shall be designated as Low Density Residential.
Said land is more particularly described as follows:
The West 2/3 of the South " of the
East ~ of the Northeast " of the
Southwest " and the West 2/3 of the
East * of the Southeast " of the
Southwest" of Section 7, Township 4S
South, Range 43 East; said. lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
Sect ion 2:
That any maps adopted in accordance with
the Future Land Use Element shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
I Ordinance or any portion thereof be declared by a court of
\ I
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective 31
days after adoption, unless challenged.
If challenged, it
becomes effective upon the issuance of a final order finding
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
January 6, 1998
6:30 P.M,
I. OPENINGS:
A, Call to Order - Mayor Jerry Taylor
B. Invocation - Reverend Randall Gill - First Presbyterian Church
C, Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Accept resignation of Pam Winters, Alternate member of the Recreation & Park
Board
B, Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
IV Tillman* Building Bd. of Adj. & Appeals Reg 3 yr term to 4/00 T ABLED-3
Mayor Taylor Code Enforcement Board AIt 1 yr term to 9/98 -1
I Titcomb Code Enforcement Board AIt 1 yr term to 9/98 -1
IV Tillman Community Relations Board Alt 1 yr term to 4/98 -1
Mayor Taylor Community Relations Board AIt 1 yr term to 4/98 -1
I Titcomb Community Relations Board Reg 3 yr term to 4/00 -1
I Titcomb* Community Relations Board Reg 3 yr term to 4/99 T ABLED-3
II Bradley* Community Relations Board Reg 3 yr term to 4/98 T ABLED-3
Mayor Taylor Education Advisory Board AIt 1 yr term to 4/98 -1
III Jaskiewicz Library Board AIt 1 yr term to 4/98 -1
II Bradley Library Board AIt 1 yr term to 4/98 -1
III Jaskiewicz Recreation & Parks Board All 1 yr term to 4/98 -1
I Titcomb S.H.I.P. Affordable Housing AIt 1 yr term to 6/98 -1
Mayor Taylor* S.H.I.P. Affordable Housing Art 1 yr term to 6/98 T ABLED-3
III Jaskiewicz* Adv. Bd. Children & Youth Art 1 yr term to 4/98 T ABLED-3
IV Tillman Adv. Bd. Children & Youth AIt 1 yr term to 4/98 -2
Mayor Taylor Adv. Bd. Children & Youth StulReg 1 yr term to 4/98 -1
IV Tillman Planning & Development Bd. AIt 1 yr term to 4/98 -1
III. ANNOUNCEMENTS & PRESENTATIONS:
A, Announcements:
1, T.N.T. Concert - Oceanfront Park, Friday, January 9, 1998, 5:00 p.m. to
8:00 p.m. - "Island Vibes" (Reggae)
2, City Commission Executive Session for the purpose of collective
bargaining session - Wednesday, January 14, 1998,6:30 p.m.
3. Joint City Commission/Planning & Development Board/Chamber of
Commerce Workshop Meeting regarding community appearance -
Monday, January 26, 1998 at 6:30 p,m. - West Wing Conference Room
"e"
B. Presentations:
1, Proclamations:
a. "The Week of the Working Parenf' - January 18 - 24, 1998
b. "Four Chaplains Sunday" - February 1, 1998
2. Presentation of Annual Holiday Parade Awards by Virginia Shea, Holiday
Parade Coordinator
3, Presentation of Certificates of Completion by Mayor Jerry Taylor to Vice
Mayor Jamie Titcomb and Commissioner Shirley JaSkiewicz from Florida
Institute of Government
4. Presentation of final grant payment ($19,500) from the Florida Inland
Navigation District (F,I.N.D.) for Mangrove Nature Park - Presentation to
be made by Lennart E. Lindahl, F.I.N.D. Commissioner
IV. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A, Minutes:
1. Joint Workshop Meeting of the City Commission, Planning &
Development Board and Chamber of Commerce - December 8, 1997
2. Regular City Commission Meeting of December 16,1997
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
1. Approve one-year extension of the Annual Supply of Hydrogen Peroxide
(Piggyback Fort Myers Bid #21-94-95) -'Sid #032-401-98/CJD TO Vulcan
Chemical Technologies, Inc., of West Sacramento, California - Budgeted
amount - $140,000.
2. Award Annual Contract for Cleaning Chemicals and Janitorial Supplies-
Bid #OO6-502-98/SP to various vendors on an item-by-item basis,
Budgeted amount: $60,000
2
3. Award Bid #020-211-98/CJD "Leasing of Five New and Used Vehicles" to
Mears Motor Livery Corporation, of Orlando, Florida, in the amount of
$2,400 per month for a total yearly cost $28,800
4. Avyard Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner
Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520
5. Award bid for Cleaning, Sand blasting and Painting of a Steel and
Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013-
401-98-SP to INCLAN PAINTING CORP., of Miami, Florida, in the
amount of $34,900,
C, Resolutions:
1, Proposed Resolution No, R9S- Re: Authorizing the Mayor to
execute an agreement with Big Beat Productions, Inc., in the amount of
$4,050 for the Winter/Spring "Tunes in Town" concert series ($3,250) and
Black Awareness Day ($800)
2. Proposed Resolution No, R9S- Re: Authorizing the Mayor to
execute an agreement with the non-profit organization, Boynton Beach
Kiwanis Club, to sell popcorn, soda beverage and bottled water at the
1998 Boynton Beach G,A.L.A. on March 20, 21, and 22, 1998
3. Proposed Resolution No. R9S- Re: Authorizing the Mayor to
execute an agreement with Morgan Entertainment, Inc., to provide a
variety of music entertainment for public recreation and enjoyment during
the 1998 G.A.L.A. festival to be held on March 20. 21, and 22, 1998
4. Proposed Resolution No. R9S- Re: Authorizing the Mayor to
execute an agreement between the City of Boynton Beach and Derrick
Reid of Music for All Occasions, to provide D.J. services at Black
Awareness Day
5.
Proposed Resolution No, R9S- Re: Supporting the
League of Cities, Inc.'s Constitution Revision Resolution
Florida
D. Ratification of Planning & Development Board Action:
1. Request by Canterbury Realty for a variance from the LDRs, Chapter 21
- Signs, Article IV, Section 1.C to allow an increase in the allowable
square footage of a wall sign from 150 square feet to 187 square feet at
1301 North Congress Avenue (Merrill Lynch)
-
2. Boynton Beach Mausoleum, Inc. request for a variance to Chapter 2 -
Zoning, Section 5.J.2 of the LDRs to allow a reduction of the minimum
side yard setback requirements from 30 feet to 10 feet
3. Boynton Beach Development Corporation request to amend Chapter 21 -
Signs of the Land Development Regulations, to exclude from the
definition of roof signs and roof top signs, signs placed on parapet walls.
E. Approval of Bills
...
3
F,
I ( \t\l\~ G,
(J_f H,
Approve Task Urder #33A submitted by CH2M Hill in tne amount of $30,671 for
the preparation of detailed site improvement construction drawings for Phase
One of the East Water Treatment Plant expansion project.
Approve the reconstruction/repair work for the fire property loss at Pioneer Park
be perfORtled by ERS, of Pompano Beach. Florida. in the amount of $27,698.
Approve annual purchase order with Enviroguard Systems, Inc., for landscape
maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange 'at
a total cost of $16,000 through the end of this fiscal year
I. Approve Change Order #18 for John C. Cassidy Air Conditioning for additional
work on the first floor of the West Wing in the amount of $46,975
J, Approve Public Works' request to purchase 27 vehicles that include seven (7)
Crown Victorias, one (1) S-10 Blazer, three (3) four-door wagons, five (5) mid-
size four-door sedans, four (4) Chevrolet % ton pickup trucks, four (4) GM one-
ton pickup trucks, one (1) Ford E150 cargo van, one (1) 1998 Chevrolet
extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehides,
inCluding options, will be purchased from State Contract #070-001-96-1 at a total
cost of $483,047
K. Approve proposal from Wynn & Son Environmental Construction, Inc., for the
pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost
of $42,365 (piggybacking Palm Beach County Bid #98054)
L. Expand Pilot Program for Garbage Carts into an additional neighborhood _
Golfview Harbour
V. CITY MANAGER'S REPORT:
None
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project
Agent
Owner:
Location:
Description:
Foster Property (ANNX 97-001 and LUAE 97-003)
Julian Bryan and Associates
Roland E. and Leila M. Foster . .
North side of Miner Road, one-half mile west of Congress Avenue
Request for annexation, the amendment of the Future Land Use
Map of the Comprehensive Plan from MR-5 in Palm Beach
County to Low Density Residential, and to rezone the property
from Agricultural Residential (AR) in Palm ~each County to
Planned Unit Development with a land use intensity of 4.0 (PUD
with LUI=4.0) to allow for 98 zero lot line, single-family homes
4
B. Project: Item #1 First Baptist Church of Boynton Beach (LUAE 97-
002)
Item #2 Woolbright Place PUD Master Plan Modification
(MPMD 97-006)
Item #3 Woolbright Place PUD Land Us~ Amendment
(LUAE 97-004)
Agent: Unruh-Smith & Associates
Owner: First Baptist Church of Boynton Beach, Boynton Beach I Ltd.
Partnership, and Boynton Beach II ltd. Partnership
Location: Woolbright Place PUD (east and west sides of SW 8th Street, one-
quarter mile north of the intersection of SW 8th Street and
Woolbright Road
Description: Request to amend and rezone a 14.18 acre parcel within the
Woolbright Place PU D to change the existing approved use from a
church to a health care campus
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Discuss amendment of Code to pennit the Nuisance Abatement Board to impose
fines
B, Authorization to amend agreement for professional services with Bryant, Miller &
Olive
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 097-54 Re: Amending the Mure land use
map of the Comprehensive Plan from Low Density Residential to Public
and Govemmental/lnstitutional for Cedar Ridge PUD and High Ridge
Commerce Park PIC, a 6.37 acre parcel)
2. Proposed Ordinance No. 097-55 Re: Amending Ordinance 91-70
to rezone a certain 6.37 -acre tract of land from PUD (Planned Unit
Development) to R-1AA (Single-Family Residential) on the northeast
portion of the original plat of Cedar Ridge and amending the revised
zoning map accordingly
3. Proposed Ordinance No. 097-56 Re: Amending Chapter 24
"Taxicabs", by deleting sections 24-12,24-14, and 24-15 in their entirety,
reserving said sections; amending section 24-13, requiring the submittal
of driving and criminal records of taxicab drivers and requiring vehicle
inspections
5
B, Ordinances _1st Reading
1. PropOSed Ordinance No, 097-52 Re: Submitting to referendum an
amendment of the City Charter abolishing the Civil Service system for all
new personnel hired after March 30, 1998; providing for form of question
to 'be presented at the referendum election, providing for title language
and explanatory language for advertisement of said referendum election
to be published in accordance with the Code of Ordinances, the Charter
of the City of Boynton Beach and the State of Florida Election Code, and
providing for submission of amendments to the Department of State
(TABLED FROM 12/02 CITY COMMISSION MEETING)
2, Proposed Ordinance No. 097-53 Re: Submitting to referendum an
amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6,
72.7,72.8, and 72.12 in their entirety, thereby sunsetting the Civil Service
Board, and directing the City Commission to provide an ordinance
providing for an administrative procedure for the processing of grievances
(TABLED FROM 12/16 CITY COMMISSION MEETING)
3. Proposed Ordinance No, 098- Re: Rescinding, in its entirety,
Ordinance No, 097-40 which submitted to referendum an amendment of
the Charter to delete in its entirety Article IV-A entiUed Merit System for
Personnel and which was passed on August 5, 1997
4, Proposed Ordinance No. 098- Re: Amending Chapter 18,
Section 18-82(2) of Ordinance No. 96-04 regarding repayment of
withdrawn contributions following reemployment by the City
5, Proposed Ordinance No. 098- Re: Amending Chapter 21 of the
Land Development Regulations, Signs, by amending Article II,
"Variances/Exemptions and Prohibitions", Section 3.H.
6. Proposed Ordinance No. 098- Re: Amending Chapter 1, of the
Land Development Regulations, Article " Definitions, providing for
revision to the definition of roof sign and the creation of a definition of
parapet sign
C. Resolutions:
Proposed Resolution No. R98-
Award Recognition Program
2. Proposed Resolution No. R98- Re: Authorizing and directing the
Mayor and City Clerk to execute an addendum to the lease agreement
between the City of Boynton Beach, Flonda, and Kenneth Welch for the
Lease of the Bait Shop at Boat Club Park, consenting to assignment of
the lease from Kenneth Welch to Tim and Monica Barranco
1.
Re: Development Projects Design
D. Other:
None
6
XII. UNFINISHED BUSINESS:
A. Report on Speed Humps - Larry Roberts - Public Works Director
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT TI'fIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED, (F.S. 286,0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT
JOYCE COSTELLO, (561) 375-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
J:\SHROA T A 'CC\WPICCAGENOA \01 0698.00c
12/30/974:21 PM
7
-! 'll. PUBLIC HEARING
A.
CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinl[ Dates in to City Manuer's Office Meetinl[ Dates in to City Manuer's office
0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon)
~ January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon)
0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6. 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) 0 April 7, 1998 March 20, 1998 (noon)
RECOMMENDA TION: Please place the request below on the January 6, 1998 City Commission meeting agenda under
Public Hearing. This request should be reviewed in two parts. The fU'St step should be the review of the request for
annexation, and the second step should be the review of the request for land use amendment and rezoning. The Planning and
Development Board with a 7-0 vote, recommended approval of this request subject to all conditions of approval, along with
an additional condition to disallow the use of cypress mulch. As this proposed amendment represents a large-scale
amendment to the Comprehensive Plan, this stage of the review process is the review by the Commission for transmittal to
the Florida Department of Community Affairs (DCA). Ordinances will be processed following approval by the DCA. For
further details pertaining to this request, see attached Planning and Zoning Memorandum No. 97-609.
EXPLANATION:
PROJECT: Foster Property (ANNX 97-001 and LUAR 97-003)
AGENT: Julian Bryan and Associates
OWNER: Roland E. and Leila M. Foster
LOCA nON: North side of Miner Road. one-half (1/2) mile west of Congress A venue.
DESCRIPTION: Request for annexation, the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5
in Palm Beach County to Low Density Residential, and to rezone the property from Agricultural Residential
(AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with
LUI=4.0) to allow for 98 zero lot line, single family homes.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/ A
cZt~~~Tc/:f;a~
Department Head's Signature
~~. LU.i~L
Ci anager's Signature
Development
Department Name
Ai 0.2~~
Planning and Zooin . ctor
IICHIMAINISHRDATAIPLANNINO\SHAREDlWP\PROJECTSlFOSTEll PR.OPEllTY\LUAll\AGENDA ITEM llEQUEST 1-6-9I.OOC
Vll. PUBLlC HEARn
A,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Manuer's Office Meetinll Dates in to City Manuer's Office
0 December 16, 1997 December 5, 1997 (noon) 0 February 17,1998 February 6, 1998 (noon)
181 January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20,1998 (noon)
0 January 20, 1998 January 9, t998 (noon) 0 March 17, 1998 March 6, 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) 0 April7, 1998 March 20, 1998 (noon)
RECOMMENDATION: Please place the request below on the January 6, 1998 City Commission meeting agenda under
Public Hearing. The Planning and Development Board with a 7-0 vote, recommended approval of this request subject to all
conditions of approval, along with an additional condition to disallow the use of cypress mulch. An application for
annexation has also been filed by the applicant, which staff will review on its own merits at the appropriate time. As this
proposed amendment represents a large-scale amendment to the Comprehensive Plan, this stage of the review process is the
review by the Commission for transmittal to the Florida Department of Community Affairs (DCA). Ordinances will be
processed following approval by the DCA. For further details pertaining to this request, see attached Planning and Zoning
Memorandum No. 97-609.
EXPLANATION:
PROJECT: Foster Property (ANNX 97-001 and LUAR 97-003)
AGENT: Julian Bryan and Associates
OWNER: Roland E. and Leila M. Foster
LOCATION: North side of Miner Road, one-half(ll2) mile west of Congress Avenue.
DESCRIPTION: Request for the amendment of the Future Land Use Map of the Comprehensive Plan from MR-S in Palm
Beach County to Low Density Residential, and to rezone the property from Agricultural Residential (AR) in
Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (pUD with LUl=4.0) to
allow for 98 zero lot line, single family homes.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~J~~
Department Head's Signature
~ );f. ~jjl~A
City anager's Signature
Development
Department Name
AG.~ ~ h-
Planning and Zonin~' tor {./
\\CH\MAIN\SHRDAT AIPLANNlNG\SHARED\WP\PROlECTSlFOsnR PIl0PERTY\LUARIAGENDA ITEM REQUEST 1-6-9I.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-609
FROM:
Chairman and Members
Planning and Development Board
Tambri J, Heyden, AICP .1g.-;J
Planning and Zoning Director
Michael W. Rum61~
Senior Planner
TO:
THROUGH:
DATE:
SUBJECT:
December 19, 1997
Foster Property PUD (LUAR 97-003)
Request for Land Use Amendment/Rezoning and Master Plan Approval
INTRODUCTION
Julian Bryan and Associates. agent for Continental Homes of Florida, Inc., applicant and contract purchaser,
propose to annex a 23.4-acre parcel of land, and reclassify and rezone the property to Low Density Residential and
Planned Unit Development with a Land Use Intensity of 4.0, respectively. The property is currently classified as
Medium Residential 5 (MR5) and zoned Agricultural Residential (AR) in Palm Beach County. The applicant is
preparing this property for the ultimate development of 98 single family, zero lot line homes. The subject property is
located on the north side of Miner Road, approximately one-half (112) mile west of Congress Avenue (see Exhibit
"A"-Location Map).
PROCEDURE
Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and Enforcement, when a
rezoning request requires an amendment to the Future Land Use Map, staff analyses shall include an evaluation of
the project using the eight (8) criteria under Section 9 (C)(7). For this analysis, please see the section below titled
ISSUESI DISCUSSION. As the applications also involve a planned zoning district, specific application
requirements related to the proposed amendments to the master plan will also be analyzed. For specific
information on the proposed revisions to the master plan, see the section below titled PROPOSED
DEVELOPMENT. Lastly, as a requirement in connection with processing a land use element amendment that
involves property in excess of 10 acres, the plan amendment must be approved by the Florida Department of
Community Affairs (DCA). The DCA will conduct two reviews of this proposed amendment The first review will
occur once approved by the Commission for transmittal to the DCA The second review will occur following the
city's adoption of ordinances.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area vary and are presented in the table that follows:
Direction
North
East
South
Farther south
West
Northwest
Zonina
PUD
PUD
N/A
PUD
AR (County)
PUD
Land Use
single family homes (Meadows PUD)
single family homes (Meadows PUD)
Miner Road
single family homes (Citrus Glen PUD)
mobile homes (Whispering Pines)
single family homes (Lawrence Groves)
PROPOSED DEVELOPMENT
/
2
A petition to rezone land to a planned zoning district must include the minimum master plan documents as
indicated in the city's Land Development Regulations. The proposed master plan proposes 98 single-family homes
on "zero lot line" lots (see Exhibit "SO-Proposed Master Plan), A more detailed description of the proposed master
plans is as follows:
Project Area:
Unified Control:
Site AccesslTraffic:
Proposed Uses:
Lot Coverage:
Setbacks:
23.4 acres (the minimum land area for a PCD is 3 acres);
The entire site is owned by Roland E. and Ceila M, Foster;
The site is located on the north side of Miner Road, between The
Meadows 300 PUD and Whispering Pines Mobile Home Park. The
project is to be designed with one entrance (with entry control gates) and
a single entrance road from Miner Road which culminates into a cul-de-
sac, and from which two other cul-de-sacs extend southward. All internal
streets are shown with 40 feet rights-of-way. A sidewalk is proposed for
one side (rather than both sides) as required by code of the street. In response to staff
concerns regarding project safety and emergency access or evacuation, the applicant has
added an emergency access easement to a 24-foot wide utility easement at the
northwest corner of the property, which leads to the eastern terminus of
Bedford Boulevard within the adjacent Lawrence Groves PUO. A
condition of approval is to relocate this emergency accessway to the
opposite comer of the property where it will align with the existing side
street extending from Meadows Boulevard. It should not extend toward
Bedford Boulevard as this roadway is not paved to the property line, but
rather is separated from this site by vacant property which could facilitate
obstructions to emergency use.
With regards to traffic impact, deficiencies in the traffic analysis have
delayed the County's review. Ultimate approval of this request will be
contingent upon the compliance of the project with the Palm Beach
County Traffic Performance Standards ordinance. It should be noted, however, that the
project will generate 980 total trips per day and that this intensity of development is
currently allowed and projected for this parcel under the county's land use plan.
A total of 98 single family, zero lot line homes is proposed. The site will also
contain a passive park/tot lot containing 0.64 acres;
The application indicates the maximum coverage to be 45%.
Individual lot setbacks are to be as follows:
Front 15 feet
Rear 15 feet
Side, street 15 feet (10 feet minimum distance between
buildings)
Side, interior 0 feet (10 feet minimum distance between
buildings)
For auxiliary structures:
Front same as above
Rear 5 feet (pool/spa); 8 feet (screen enclosures)
Side, street 15 feet (pool/spa); 15 (screen enclosures)
Side, interior 3 feet (pool/spa with privacy wall); 5 feet
(without wall)
Project Perimeter:
Perimeter lots will be separated from the property boundary by a 20-foot
~
3
wide perimeter buffer.
Water: The city's Utilities Department has confirmed that sufficient reserve capacity exists to meet the maximum
potable water demand projecte~for this proposed project. Based on a density of 4.19 units per acre, a total of
98 dwelling units, the prescribed single family residential levels of service of 200 gallons per capita per day, and a
2,15 persons per dwelling unit factor, maximum potable water demand is projected to be 42,140 gallons per day.
Sewer: The city's Utilities Department has confirmed that sufficient reserve capacity exists to meet the maximum
sanitary sewer demand projected for this proposed project. Based on a density of 4. 19 units per acre, a
total of 98 dwelling units, the prescribed single family residential levels of service of 90 gallons per capita per day,
and a 2.15 persons per dwelling unit factor, maximum sanitary sewer demand is projected to be 18,963
gallons per day.
Drainage: The project is located within the South Florida Water Management District (SFWMD) C-16 Drainage
Basin, and the surface water management system will be under the jurisdiction of both the SFWMD and the Lake
Worth Drainage District (LWDD). Project drainage will consist of a series of catch basins and pipe that will
direct run-offto two onsite lakes. From the lakes, water will drain south to the adjacent LW.D.D L-20 Canal. The
LWDD provided no objections or comments on this petition.
ISSUEs/DISCUSSION
Pursuant to Section 9. C. 7 of the Land Development Regulations, staff shall evaluate land use amendment/rezoning
applications with respect to the following criteria:
1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPUCABLE
COMPREHENSIVE PLAN POUCIES.
The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of
land to higher densities and intensities. The following Comprehensive Plan objectives, policies, and support
document text apply to the subject requests and are analyzed below:
Policy 1.4.13 - .Subsequent to Plan adoption, establish procedures to provide that the City shall oppose
requests for changes in land use which are in conflict with the City of Boynton Beach or Palm Beach
County Comprehensive Plan.-;
Objective 1.17 - "Minimize nuisances, hazards, and other adverse impacts to the general public, to property
values, and to residential environments by preventing or minimizing land use conflicts."; and
Policy 1.17,8 - "Maintain and improve the character of existing single-family and lower-density
neighborhoods, by preventing conversions to higher densities."
The proposed application actually represents an amendment to the Comprehensive Plan as the plan must be
amended in order for the annexed property to be officially brought into the boundaries of the Future Land Use Map.
However, the proposed amendment is also consistent with the Comprehensive Plan, as the proposed land use
matches that which has been designated for the adjacent properties where annexation is anticipated. The proposed
amendment is consistent with the recommended land use classification for the subject property, Low Density
Residential, as well as with the existing Future Land Use classification for the property in Palm Beach County,
Medium Residential 5.
For further analysis of the compatibility and consistency of the proposed project with adjacent neighborhoods and
city development regulations, see both the section above titled PROPOSED DEVELOPMENT, and responses to
the remaining criteria below.
2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABUSHED LAND USE
PA TTERN OR WOULD CREA TE AN ISOLA TED DISTRICT UNRELA TED TO ADJACENT AND NEARBY
DISTRICTS, OR WOULD CONSTITUTE A GRANT OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY
OWNER AS CONTRASTED WITH THE PROTECTION OF THE PUBUC WELFARE.
A
::)
4
The proposed land use amendment would further the Comprehensive Plan with the annexation and reclassification
of the subject property to the Low Density Residential land use classification. With respect to consistency with the
general land use pattem, the proposed reclassification is also the lowest density residantialland use classification
within the city, and is the predOl11inant classification within this area of the city. With the exception of the Melear
PUD, which is located to the southeast of this property, and the adjacent Whispering Pines mobile home park, all
other adjacent propertie~) are classified as Low Density Residential land use.
3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE.
With respect to the annexation and reclassification of the subject property, the property is contiguous to the city's
boundary on three (3) sides, and should therefore be annexed into the City of Boynton Beach and developed in
accordance with the city's Land Development Regulations.
4) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH UTIUTY SYSTEMS,
ROADWA YS, AND OTHER PUBUC FACIUTIES.
Also, see analysis above under PROPOSED DEVELOPMENT. With the exception of traffic impact, all other
facilities have been evaluated for available capacity. As indicated above, the LWDD has provided no objections to
this proposed project, and the city's Utilities Department has verified that sufficient reserve capacity exists to serve
the anticipated demands from this project. With respect to parks and recreation facilities, this site is located within
Neighborhood Park Planning Area #1, which has the greatest supply of publiC parks/facilities relative to the
other 19 planning areas. The level of service standard (LOS) for this area, as projected within the Comprehensive
Plan for 1995, was to exceed the target level of service standard by nearly 4 acres per 1,000 residents. To enable
access to the public recreation facilities accessible from within the Meadows 300 PUO, and at a minimum walking
distance, pedestrian access should be allowed at the relocated emergency access easement which is to connect
with Meadows Boulevard. This condition could be removed with the addition of active private recreation facilities
equivalent to a neighborhood park. To date, staff has not received the County's review on traffic impact The traffic
review has been delayed due to deficiencies in the original traffic information. However, once received, such
information will be incorporated into this review process.
5) WHETHER THE PROPOSED REZONING WOULD BE COMPA TlBLE WITH THE CURRENT AND
FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES
OF ADJACENT AND NEARBY PROPERTIES AND WHETHER THE PROPOSED REZONING IS OF A SCALE
WHICH IS REA SONA BL Y RELA TED TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE.
In comparison with adjacent residential developments that have been constructed within the last six (6) years, the
proposed project is generally similar and compatible. Two (2) of these adjacent communities are also planned unit
developments, and include the Citrus Glen PUD (Executive Estates) and the Lawrence Groves PUD. Other
similarities between these two (2) projects and the proposed Foster Property PUO include the typical lot dimension
between 50 feet to 55 feet by 100 feet to 112 feet, zero lot line design, land use intensity ratings which are all K4.0.,
and lastly, gross densities which range between 3.66 units per acre end 4.35 units per acre. The proposed master
plan is less similar to the third, adjacent single family residential community. This third adjacent neighborhood is
within the southwest portion of the Meadows 300 PUO, which includes Tracts KC. and -0.. Both developments,
which were developed over six (6) years ago, have lot dimoosions that are typically 75 feet wide and 100 feet long,
a land use intensity of 3.36, and densities that are 3.37 unit1 per acre and 3.65 units per acre.
With respect to the effect upon adjacent property values, the proposed project is representative of the typical
design of projects that have been constructed within the Lawrence Road corridor over the past eight (8) years.
Although there is contrast between the subject application and the adjacent properties within the Meaclows 300
PUD, the differences would not likely result in a lowering of property values'within this adjacent neighborhood.
As for the scale of the project, relative to the needs of the neighborhood and the city, it should be noted that the
City Commission, beginning at a workshop on July 12, 1995, discussed their desire to consider establishing
minimum lot sizes in PUDs. Initiated by the small lots first proposed for the Nautica Sound PUO, the Commission
has requested that the PUO regulations be evaluated as part of the process to evaluate, and amend/update the
Comprehensive Plan. A specific solution to this problem was not agreed upon; however, setting a minimum lot size
in PUDs of 6,000 square feet was considered desirable. Although the proposed project includes lot sizes in excess
of those lots first proposed in the Nautica Sound PUO (4,500 square feet), 35 of the 98 lots proposed for this
property will be 5,000 square feet. Lastly, for lot regulations within a PUO, the city's Land Development
tf
5
Regulations refers us to the minimum site standards for the conventional 4::oning district that most closely resembles
characteristics of the proposed project. The most dense single family zoning district is R-1, which includes a
minimum lot size of 6.000 square feet, and a minimum lot width of 60 feet. It is estimated that the proposed
project contains 27 lots that ex~eed 6,000 square feet, 35 lots that are 5,000 square feet, and 36 lots that range
between 5,000 square feet and 6,000 square feet. Due to the size and location of the subject property (adjacent to
a mobile home park), a minimum lot size of 6,000 square feet may render this project unfeasible.
6) WHETHER THE PROPERTY IS PHYS/CALL Y AND ECONOMICALLY DEVELOPABLE UNDER THE
EXISTING ZONING.
This property currently remains zoned for its original use, agricultural. As this property is well within the path of
urban development, the development of this property has been anticipated, and is not a target by Palm Beach
County for preservation. It is assumed that, similar to the surrounding properties which have nearly all been
developed, this subject property is also physically developable.
7) WHETHER THERE ARE ADEQUA TE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN
DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED.
Few parcels still exist within the city that resemble the subject parcel's size and accessibility. One exception to this
limitation is the nearby Melear PUD, w~ich includes a large undeveloped portion designated for single family homes
and classified as Moderate Density Residential (which allows densities up to 7.26 units per acre).
RECOMMENDA nON
Based on the analysis and discussions contained herein, staff recommends that this request submitted by Julian
Bryan & Associates be approved, subject to staff comments as summarized within Exhibit "C" - Conditions of
Approval. This recommendation is based, in part, on consistency between the proposed project and the
Comprehensive Plan, and general compatibility of the proposed project with current and future uses of surrounding
properties.
Attachments
Xc: Central File
\\CH\MAlN\SHRDATA~HARED\V*\PROJeCTS\Foar ~lJARILUAR4XJlI ~dClc
5
. .'
Exhibit "A"
LOCA rlON MAP
G
-~--~--,-- - .'---.-,-,----..-.------..--.---- - --~--___._.._.___._....._ ____.___n__
\..OC"'1\O~O~~~~
fOS1Ef' f' .~,
~ c.,,-'9~':~" \l--~\~.J
_ ~., \ r ,\
~ ,"~"~~ _, \ \.:-:i PI..)O "lie '\ h, .
c h ,\ G ~ ' I ,( \.
I. ,c----^, I ~ '~
\ N. ,,_,~~\"I_' --r 'r\ \ \ 'J'- ,::";11_ \=. \J \ ~ \;~....
t. ,,~__.:\ \ \ \ 0 1,<'("
. -Y' ,'_ ,\ 1\' , :
~C- \ \ \ \ 1-l,.lU \' n. 6.0 Ii, \', ,..'
\ ,,1- ~~n 1" 1 " '\:: ,:~:. \. :':' ~;.'~v ~~...~.! \
, ,\ )j '. ",' ...-:: _ ..; \- -
. --', . , . ~ -' -.
- .':'<- ,,"" ,,"
. ~\ - ~,l ~o '. 1m. \ .......?l~...~.,';.- '-'@:--~' '~' :-\\..~)';-\
" 'c--- ... -. .\ ' '. . ..... ,-
>if . ...., _.,.., --- I r " ." 1:" ". /? ' ..-
II ,-- ,," I ii,l.:: \1,' ~). ,,' :Y-'" ,';-
"i\ ~~~~1~ u,~~ o\.~F~b~.. :.\
~,,,S'-, \ :~~.0"\::'~ ~ .~ ~.~^,-..y ) i e:::,,, ~ f,::J: ~ ;'....
,,;,' ' ''',+';;' ;: ^ I> Wi~ \'" T ~ .
~ ';. ',';:. J' '" \..;i. ,( =" \ -; i\l"::' ~ ....,. ..y ';1, ~,.... r ' . . ..' '\ ~:;
_.' .l, h- ' I \\ \ . \ '0
'1-,'.r'~'"'' ~\ (2J \ \'1\\1' \" 'j . .' ," 'l""TL f.. "'; ., '
.' ' "U..,. ,.~.... ,- .... ~'U \ .. 1'\
:.. __i ." ;1~r--.....)'-' 1 :'.., ~ ;;; ,,1.
, ' ." . / j ,i ,,: ..... .--
_ ,_ _ c~ L ..' · ., ~. "--=.,,,<'"
~~" ,.... ~,~ 'n,'e ~~~\ ,.7;;-';1:'
___~ _ ;::::"" '<Z -' - ct0 f:.o..~13l';L od~~.:;J
" ~J,~-:. }i: ~"M. ,:T'~: ~~ \~g~'1':"'"'fj>~_:-
'. \\ TTIT" _ - ~ \,...... ...<'0' '.
,'" 'ylJ (\ - \'"' ,-, \\ ~ ~.~>' \
. \:l.-\.,~~='~", --- \\ 1 " l\W~~ ~-\:~A"
~--.;t-'\ll" ~ ,;3r ;::~~oq\'" '~~
~ ,,\., ,__ \.... -n Sl ~.fi/ ~\ ~,.- ~ ---
,~.~\'-\.\\.~\~ f'-=- \' _\ ,rrf' ,. ~~:-..~. (1-
~J\~\\1\.;Y \\:-,,,,,,1 ~ .~ -\' .:..~~
, "I ,'-<1\'" ",\\\\\\ .. -::.....-c'--- rril' \~ :;:;, ,.,.:, u";'1'i -];fro \'~:{
. 'It ,~.......~ ~_ .__\~\~\\_\1\1"\I~~'''' l \ '2f~L" '.~"1!
____' \~~., ':=-.~,.:~. \ ~ P\ fw'-\ '.~~{'
.... \--i'r;" -z:~ ~\\'\.., 7. i\,~. !, :.
::) e ~.-i .~':l..." /'. ~..0 ~ Yl .. " ~~.l" J \~. .
, ' .JF. ~,r~<G .\- , \ -, -- a - -. I \,,-=<"
.__.__- ,t.:::.. ,r, ...;c.~"-~t',~ .~. \ ~ t\..:-' '~ ~'~ ~~:0/~.
~ ' \, ,.,":~' ..,' 1'" . '_< t::: 1\'''' - ~=. ~""
.~~~ \;.,_-u>:<,.~o, -\',:r\ ""J~\\~ ~ ..""e\..~~'
... ""~~ . r;~.... N '2" ~\f ;::. -
'~ ~J8 ~\LSSV ~~4.0 -~\~: "
\ ~.J\ \ \ ~ r "f
\. \ \ \\0'0' aOO f~'2.\ OC"'f"..:. ./~, q~ 1<..\ \ \~, l - ~
" M . ~~~~ - .--
---~--
EXHIBIT "B"
PROPOSED MASTER PLAN
J
~....r- .';i -'I . \ t'l_---3';.-c::...
......... .-1.... _ _._.-.:;;;,..... : t~~_;......~m...:.:.:---- ~~
~_1.;;:1.;.-...~.- Ii ~"'iU-~-~-=~..... ,..... ~'_ '!'-~-~~ .:
...;;.:A~- '\ a(-~::::'''~- '1' ~~. ~.. ....-..-
i':. . &. \L.. - .. - - .\.; _.I{\-- ...::;:!!;;;.;;;:- I a'a'.tS ~ '. ., ,
_ ~ _..._.~.-.f\-.1\ i~\'- -::::=.......... .:o.--.J:.- ~.. ......
~~::'.'. ~~1~3 .-;:':-=~.':O'... ~ ~ :!.#a ~ ~.. ~=r-:--~
_ .....; _:~~_~~. '~t~ ~ - >1
. ~ _......- ~ ~ ~._~;------ --!:- 1'! - . ell
',~ 'S ~ ..r:__=-O-"'1~"'o'.." ~ i \::Cl' .
,\' ~ ._.__:1,U~ _--- \,,:, -
~..~ ~ ' \\.. '-", ~~
.: ~~" .. r\;i" 1\\ \ G~ll ~. r::-f lJ~~Jl'L \ " '. ~., r ....--
\l\~~\~\'\~\\"\\\i\,\\ \i" .,,~,~ /;~! '"" l~\\\'iJ1['\ ".~f.l in"'~
hl\\- ~\ l '- \ . 0::. ,---...., ~\' t 19,1 ~ . \( , ;..-.--
~ 'lat." \~\r. \_~zo \, t II..... ..,:;;::~<x," St!: \ \\" !. !.! !1111J1 \ ~ \J IIIIII!.
lhl\~\ I~ " - 11- ,\ ~
",\1 r: \ \~,~ _ ~ ~7, '7~~ '.11'.1 1.0 ~1 \ " \'l . ~
!illtl. Illl,lI! _. r~.:,_ ~" '\ VI\\'!I~ . (.:.-. il'.\! ~
\\'\l.\~ I \~ -: ~""'-;tt..:.l ~JJ ~ I ::--i \' .
t'\f~\ \.n .' 1 ~ \::. ~-.11t la.!.. .13;!1'~ \ ::::iii~ ~
I\i', ,,\ \ It, -- ' I '~- -- /....l. \ \ \ , - .
",\ / -.l -11'- _ I - , -;;:.-.r-, I
~.~'l\ ~\ ' \1. ~ ~_ i" .\~. i!f~..~ 1 t iJ1.~ " L- in;1 ,
\ ~ ,!Ii I \n ( ..._---~ ~ !!="'_---~"'i\ to- \'~'.'
. 1\ \ S:"l' --. . ..----...:.~ ~" ~
~.'\,l\ \ .\\t ~ l ~..;I!.:~' "6u',!;,/ \1 i\ 11 ill'-=- i " ~ ii, :-i
l\~n\\ ~\: i, \~ iU3-. '\ ~~~"~. ~~'.\\~,.\'~
\ f .., ;. ~ .---.- :~:~ .' /'...,../ ~J; .0 'le S.. \1" . ~1~ ill \I !
..l" \\: ~, ~ " ....... 0 to...!....:-.\' ,II -
I ~I"\ ~ .... ~I" 'f' ,.' , ' ;::" :. ,~, ~'l' ;. .. :-.-
, . la . ,II: . . 1.'~' ~,.. ~ .;1 '11.0'
_y ~ ~_~~ ';"',7'. '"'" '-L"1::'_~"'-~ ,,\\"', '-.- ::-
= \ t. .... ill';' \- : ,-~.:. r ~
\ "' \ ~ .~~~.:;...-_._.....o-~'~ "'\~~ ill~l
i\ ,/"": ,." . ..", -- :--'"3. . li ;, . - -
~, s _.,\\.,.-:----c.---'t---.....;.--t::e-~ ',nrr~
.f ...... . '. ....' l~ ~, ~ ... t ..... II . \~~ .. ~
'~ ~ \ ! 1~ /,~,~ ~J'- ;~\~~~~~j}\ ~F~t
~ ~ \ ! ~ ~ rWI;u!\.\ li~~
~~'l1 0 \ '\ ~~:~II~1~
~._,__._~ '\ ~'. ,~ ~ i;l , j~ t \ . ~~8 fl~~ \ ~
o ...._ ~\'. \\ ~ \ i,lm i ~c\ ,~~~. ..' t r- ~.-:::: \ ~
~ ::~"~" ;,.....- . ~~ ~.Il\\ ~,\. ..:...I, ill~l '. ~
% \' ~ " t ,.lla I · [; .1 ,. . - .'!i
m ~~. \ !. \' I ~ ~, !li:, ~
~ ~~\\ ~\ \'~' ~ l ~11~ \l~i-w. il~ .
<; ili~' , , :::;;:i' -- ;.~ " ; ~l-''':jG ~
'\t r l\\' \ dl \ ,~~:r.'/~"4\~ --\ ~~.\ \~~, '-;.:
,\ \ ct.... '. G ., .'\Htea". 4S 't' \ ~I\.
11 ~\ r... I ,', ~\...i (.. i; ~ ,! ;.~. '.; ~.~:.~, c'\\ '.\11.";' il~~1l
~ ~ ':(' lA . . \ .. ~ ~ ~-L'...7' . ~ ~\ ;~ ,,: ~ ',~ -----
~ 0 .., '>, ...'r-~"'" -f:j\ \ -_....~. ~ ~\ii;": fUol
,. --.- \ \ . - .
~, . ir lU _. " ~ _._._._.__.....o"~.~ ... \ Ii. :.,......,.-
00\ (~'\ ' . i \il jJr~\), "-'~~~-t:::::~ \'r,,";" t1I~t
\ . _........_ ~~ i7 --~,.,-. \ - . \';; II ' U
t .. ./'...~ / :..:t":" ,!::'.;;,.. :~~
L\ <II' !.."" :.\\ 'f'-~"'~" . _.... i~~\~ ~ !!, dl ~.~ ....'\ ,f.! ~ -- ill~ ~
\ \ i \.- ... .... .. ~- la, ....,. o. 011....
.. \ "" " .. .,..... .' ... .', s::. ~ " I". .:....-- ~\ 1\ l4 .
~ . r.,.~ * QI ...--,.~. -- --- .11.----
'1\ iii . . t ~ ., ~j. i!--'- 1O--r:'='''''''l ;.; ~;-. iJ1~ ~
! )10 , _.' \~. ~ .r 8! I .
'l\Cl ~ _\ ~ --.' .11. ill' ;;\-\,:;......r_
.,l: .,( 0\ ....,~~ll\u~iIl~!
\1 \ t.~ . ~ <l 1. r-i:- ~ ,II" - ~
\0 i w. :1 . '1';\ ... 111 ,t\1 , ::-...r-:
;, tlI1 'l5.~ 1\\' . ,....C \ ~'.. \\h..,; iI'ti
I . a h ',l 1;\ ..-..: in I . \ _...:..
\ ~~ ' ..- ~ ~ ~.1' \ i!'l' ;;-:;;;--.
'r -'.l \ . ; ;t" \of ~~~'Il..at
)w \ . -- \ '\;- ~ 1 CJ ~:- '(I
_~ N """.. \ I . , . - ~ ~
1 I 1 %....-1~ t . I "7 .,,1.. \ \\1 ~ ~~l. '
, ~ t' ". \ "...\~' r-"f ,'~k, Tn'it. '!~;
, .1'&1 ..;.---. 'll' '- ~~\~.:1.
, . "-.._.. \. ____. r- .~. ~ . ':/,T~ :';~;~i
1. -. ." ). ~ I ~ I . _. _>-- '.. t'7/' :;J:";""I j11~ ~ !. :;::
l e. '~ ..JlJJ'~ ;;:..,~=;....~\I("f'1 ~-"'~'JI ~\TI\ I -.. - \~ '5
.,.~~....'..~_~..:-:r:-....~ ';(,.~\\,..f!III~..\ ,/ 1,' \ 'I m~J i\;~
l' . 1ft' '<: ~.")., -- ... l' - \ ,,-'" - ~ "I .
.. 'v'.,,, . '.... ~ '. :::.' ,", '~ "
.~t .. "'.... ...-'11"- /.-::. - ..---..
\.~\.\. 'Z. ,.; ~~L:, ' ~~~~-..." ,~,~ ),\\ ........--
_. \ i ,~_.~, A'l ... \ ~. 10 '\'\ \ a.\" .
._ _. ,O!. 'll-~"-- -.I \ ~. · \~... ~p
. W. il& \ \ ~ III ,\' \.''' k -~~-F:.-"", ~ \ \ S. ~i- ; "'\ ~ '7.. '\ . \ "',~\, irfOjG.
:' \" I . -.l~......-:.,--. .>,.-. -".111'1\"'-\ o. ~n
" tt~ '........ /1;';:' ,'::...~......~)III~......\ '" ,~ ,~ .---. --.-:-~. ----
., .. ' i/"' . -~''" \,oJ-... . \ , ..........'. . ---:;---- .-.~"'; .;1,,; ;
" ... ". .': ~.. Ol,,~ ' . .._.._ . -'--',"~\ ~ ~ ..'!;~t ~
, !:.......... ~. ',' ~ \~ . _ _---- __ ........... ' It' t ;ni.
... ,_ I , ~ -~_-- ~." __ ' \ ,"I
!::. __ . ! I.J ~_~ .... .-.-'..~~1\ ,-__#fIl'f~ ,,,,.,,.. ~ ...,
::i. ~~.I.' ~_-----:......-j.t'.t;i.."';ill,t\..~V'lc "..,;~~;..-,--
ws.._,.....,....-..._~ ..----- .-' .-.,. . ~...- ~,:".;.."" ---
~i '..~".... ~..-.-.::.~.i il\~~:'~;;...,~~~..<............. -----.------
... "in -.-:--.-..: -.--.-...-
.
i
.
.
.
~
~
i
-
~
c.
-=
::) !
III 7t
C ~
a"
0....
-q
< :-
_i
o.~
-t-
o.:
"
.
\
(.
\
~
\
. W!\ ft
EXHIBIT "C"
CONDITIONS OF APPROVAL
/0
DEVELOPMENT ORDER
Cr . OF BOYNTON BEACH, FLORID
PROJECT NAME: Foster Property
APPLICANT: Roland E. and Leila M. Foster
APPLICANT'S AGENT: . Jalian Bryan
APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486
DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998
TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning
LOCATION OF PROPERTY: North of Miner Road between Lawrence Road and Congress Avenue
DRAWING(S): SEE EXHIBIT "B- ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
.lL HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included-.
4. The Applicant's application for relief is hereby
.lL GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\Projects\Foster Property\LUAR\DEVElOPMENT ORDER.doc
EXlllBIT " B"
Conditions of Aaaroval
Project name: Foster Property
File number: LUAR 97-003
Reference: The clans consist of 5 sheets identified as 2nd Review. Land Use ArnendmentlRezoniml. File #
LUAR 97-003 with a November 25 1997 P1anninll and Zoninll DeDartment date stamD markinll
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments:
1. Indicate space for turn around at entry gate (for vehicles that are denied X
entrance or turned into the area by mistake). This area needs to be prior
to the entry gate.
2. The landscape plans show landscaping in the cul-de-sacs. The master X
plan does not show anything in the cul-de-sacs. The police department
recommends there be no landscaping in the cul-de-sacs to allow for
fire/emergency vehicles to make adequate turning and also prevent any
visual hindrance of vehicles backing from driveways.
ENGINEERING DMSION
Comments:
3. Show a roadway section consistent with LOR. Chapter 6, Article IV, X
Section 10.B.&T.
4. The cul-de-sac diameter shall be a minimum of 90 feet to the edge of the X
pavement or curb line. [LOR Chapter 6, Article IV, Section 10.0.]
5. Provide a recent (6 months) fair market appraisal of the subject parcel to X
determine the required fee in lieu of land dedication for parks or
recreational facilities. [LOR Chapter 1, Article V, Section 3.A.2.e.(4)]
The appraisal shall be submitted as part of your final plat submission.
[LOR Chapter 5, Article V, Section 1.]
6. Required improvements (paving, drainage, water, sewer, etc.) to be X
reviewed at time of submittal for plat. [LDR Chapter 5, Article V,
Section 2.A.t.]
BUILDING DIVISION
Comments:
Page 2
F oster Property
File No.: MPMD 97-003
.
.
DEPARTMENTS
7,
Either remove the word "Gazebo" from general note number 6 found on
the master plan or provide a perimeter setback for the passive park, water
management tracts and buffers. It is recommended that the perimeter
setback for the areas where a gazebo would be constructed be established
at 10 feet. Reference same within note number 6.
8.
Considering that the general notes identify, and the landscape plan shows
other structures (such as site walls and trellises to be located within the
common area), remove the words, "trellis, playground equipment and
irrigation pump houses" from general note number 6 and add a new note
stating, "other structures shall comply with the regulations specified in
Chapter 2, Zoning, Section 4.J of the city's Land Development
Regulations" .
9.
Add a general note to the master plan indicating that there shall be no
building or any kind of construction placed within an easement without
prior and proper written consent of all easement beneficiaries including
all applicable city approvals as required for such encroachment.
10.
To clarify the minimum lot frontage dimension, reword the minimum lot
size data as follows: "5000 square feet (50' X 100', typical). Fifty foot
minimum lot frontage measured at the 20 foot building setback line".
II.
To ensure compliance with the maximum floor area ratio for the
proposed 4.0 Land Use Intensity (L.U.I.), add a category to the site area
breakdown data that indicates the maximum floor area shall not exceed
2,081 square feet. If the Commission rejects this comment,.the applicant
shall provide with each building permit application, a floor area
breakdown that provides computations indicating maximum floor area
allowed, maximum floor area existing prior to the subject permit request,
maximum floor area proposed with the subject permit including
identifying permit number and maximum floor area remaining following
permit approval. This alternative method is very cumbersome and
becomes extremely hard to monitor when additions are added after the
houses are built. It is strongly recommended that the master plan specify
the maximum floor area allowed to ensure land use intensity is
maintained. Note the maximum building envelope shown and identified
on the plans exceeds this maximum floor area ratio for the proposed 4.0
land use intensity.
12.
To clarify the building setbacks add the words, "all types of hard roof
structures" after the word "setbacks" found in the first setback data chart
on the master plan. Also, add a note following the side interior setback
specification indicting that a rated wall complying with Table 600 of the
Standard Building Code is required where there is a hard roof adjacent to
a property line.
INCLUDE REJECT
X
X
X
X
X
X
Page 3
Foster Property
File No.: MPMD 97-003
. ,
DEPARTMENTS INCLUDE REJECT
13. To clarify the setbacks for auxiliary structures, add the word, "roof' X
between the words, "screened enclosure" in all instances where the
words "screen enclosure" is identified in the site area breakdown section
of the master plan.
14. To maintain a 10 foot separation between auxiliary structures and the X
exterior walls of a home, it is recommended that the rear setback for
auxiliary structures for lots 91 and 92 be increased to 10 feet rather than
the proposed 5 feet for pool/spa and 8 feet for screened roof enclosures.
15. To clarify the side interior setback for auxiliary structures, re-word the X
side interior setback data as follows: "Zero lot line side - 3 foot
(pool/spa with privacy wall), 5 foot (pool/spa - no privacy wall), 0 foot
(screened roof enclosures). Side opposite zero lot line - 10 feet
(pool/spa and screened roof enclosures).
16. Note the proposed 8 foot screened roof enclosure setback would prohibit X
a pool, that was instaJIed at the allowed 5 foot setback, to be enclosed
with a screen roofed structure.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
17. On the master plan, provide information regarding location, size, and the X
availability of utilities for the proposed project (LOR, Chapter 3, Art. IV.
Sec.3.P).
18. Provide a proposed name for the subdivision (LOR, Chapter.3, Art. IV. X
Sec.3.A).
19. Increase the width of the proposed street rights-of-way to the minimum X
of 50 feet as required by LOR. Lack of compliance requires processing
of a concurrent variance/appeal to the required improvements section of
the LORs. No variance/appeal can be granted if the street design does
not accomplish the intent (sidewalks, travel lanes and drainage) of the
standard 50 foot wide design.
20. Submit for review a copy of HOA documents. X
Page 4
Foster Property
File No.: MPMD 97-003
. .
DEPARTMENTS INCLUDE REJECT
21. Provide a unified control document. X
22. Provide sidewalks on both sides of the proposed streets. X
23. On the sample lots, delineate and dimension parking spaces In X
accordance with the dimensional standards of the LOR.
24. With the second submittal, provide dimensions between the proposed X
access driveway and the closest access driveways of the adjacent
properties to the north and.to the south.
25. Future platting is necessary. A future (can be concurrent) site plan X
submittal is necessary for any project signage, common area landscaping
and screening! buffering details
26. Relocate the emergency easement to the northeast comer of the site to X
align with the unidentified, paved side street extending westward from
Meadows Boulevard, to this comer of the subject property.
27. Provide pedestrian access in conjunction with the relocated emergency X
access easement to minimize walking distance to nearby public
recreation facilities.
28. Provide a written determination of compliance with the Palm Beach X
County Traffic Performance Standards ordinance.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
29. Disallow cypress mulch to be used. X
ADDITIONAL CITY COMMISSION CONDITIONS
30. To be determined.
Ibme
s:\projects\cond of appr\
MIN UTES
PLANNING AND DEVELL. .~ENT BOARD MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 22, 1997
site, The surrounding property is owned by the same person, so he would be screening
it from himself, This is a very heavy industrial, paved over use,
Mr, Aguila pointed out that the FOOT has been clearing the growth along 1-95 for the
last year and a half.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Motion
Mr, Aguila moved to approve the request for the telecommunication tower subject to all
four sides be provided with xeriscape landscaping inasmuch as it does not provide a
conflict to the monopole structure itself and, therefore, approve the request for reduction
of the two and one-half foot wide landscape buffer requirement to whatever is feasible
on those two sides,
He clarified that he is talking about the entire length of the east and south property lines.
Mr. Dubs seconded the motion.
Ms. Zimring asked for clarification. Mr. Aguila explained that the plan shows
landscaping on the north and west property lines. In addition to that, there needs to be
landscaping on the east and south property lines up to the pole, and all the landscaping
on all four sides should be drought tolerant.
Ms. Zimring advised that the landscaping shown is just around the leased parcel. She
advised that they are just leasing the comer of the parcel and landscaping it. The rest
of the parcel will be held by the property owner.
Mr. Aguila was just interested in the part with the equipment and the tower. Ms. Zimring
agreed to landscape the interior of the south and east sides as well.
The motion carried 7-0.
Land Use Plan Amendment/Rezoning
Description:
Foster Property
Julian Bryan and Associates
Roland E. and Leila M. Foster
North side of Miner Road, one-half (1/2) mile west of
Congress Avenue
Request to amend the Future Land Use Map of the
Comprehensive Plan from MR-5 in Palm Beach
3.
Project:
Agent:
Owner:
Location:
7
MINUTES
PLANNING AND DEVELCJr-iMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 22, 1997
County to Low Density Residential, and to rezone the
property from Agricultural Residential (AR) in Palm
Beach County to Planned Unit Development with' a
land use intensity of 4,0 (PUD with LUI=4.0) to allow
for 98 zero lot line, single-family homes.
Attorney Marty Perry represented Continental Homes, the applicant. He referred to
comment 19 and stated that he will be filing an application for a variance at the
appropriate time for a reduction of the width of the street rights-of-way to 40 feet.
Mr, Aguila asked what would happen if the variance is not granted. Mr. Perry said it
would reduce the lot sizes and make it difficult to fit the product on the reduced lot.
With regard to comment 22, Mr. Perry advised that he will also be seeking a variance to
not have to provide sidewalks on both sides of the streets.
He referred to comment 26 and stated that they can relocate the emergency easement.
However, there is a potential problem with providing pedestrian access in conjunction
with the relocated emergency access easement (comment 27). He pointed out that
there would be traffic going between two homes.
Ms. Heyden referred to comments 27 and 28 and advised that the applicant has worked
diligently with staff to bring the lot sizes down to be compatible with the surrounding
neighborhoods.
Mr. Aguila pointed out that there is a conflict in the landscape plan. In one place it calls
for two inch mulch and in another place it calls for three inch mulch. He preferred three
inch mulch; however, he was adamant about Cypress Mulch not being used.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Mr. Dube was concerned that the adjoining property owners were not present.
Mr. Perry advised that they have gone to some effort to address the issue, particularly
to the east in terms of placement of the larger lots and reducing the number of lots
along that side so that there is as little impad as possible. In addition, the proposed
landscape buffer along that side is fairly heavy.
Motion
Mr. Dube moved to approve the request to amend the Future Land Use Map of the
Comprehensive Plan from MR-5 in Palm Beach County to Low Density Residential, and
8
---~-----~-------
MINUTES
PLANNING AND DEVELC. ..nENT BOARD MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 22, 1997
to rezone the property from Agricultural Residential (AR) in Palm Beach County to
Planned Unit Development with a land use intensity of 4.0 to allow for 98 zero lot line,
single-family homes, subject to all staff comments, and subject to Cypress Mulch not
being used. Mr, Aguila seconded the motion, which carried 7-0.
Mr. Perry thanked Ms. Heyden and her staff for their assistance.
4.
Project:
Agent:
Owner:
Location::
Description:
See discussion below.
5.
Project:
Agent:
Owner:
Location:
Description:
See discussion below.
B. Subdivision
Woolbright Place PUD
Unruh-Smith & Associates
Boynton Beach I Ltd. Partnership and TCRDAD
Vinings at Boynton Beach II Ltd. Partnership
The east and west sides of S.W. 8th Street, one-
quarter mile north of Woolbright Road
Request to amend the Future Land Use Map of the
Comprehensive Plan from Moderate Density
Residential to High Density Residential.
First Baptist Church of Boynton Beach
Unruh-Smith & Associates
First Baptist Church of Boynton Beach
The west side of S.W. 8th Street, one-quarter mile
north of the intersection of S.W. 8th Street and
Woolbright Road
Request to amend the Future Land Use Map of the
Comprehensive Plan from Moderate Density
Residential to Local Retail Commercial and to rezone
the property from Planned Unit Development (PUD) to
Planned Commercial Development (peO) to allow for
a nursing home, medical office building and an adult
living facility on 14.18 acres.
Master Plan Modification
1.
Project:
Agent:
Owner:
.0.- _.___oo_..~o___o_____~__~_~o~_..__.o___o_~___o_'___ _~ _,___0_"'_____...,"
Woolbright Place PUD
Unruh-Smith & Associates
Boynton Beach I Ltd. Partnership and TCRDAD
Vinings at Boynton Beach II Ltd. Partnership
9
7.A.3
FOSTER PROPERTY
LAND USE PLAN AMENDMENT/REZONING
-,- --",---_._------
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-609
FROM:
Chairman and Members
Planning and Development Board
Tambri J, Heyden, AICP '19-;1
Planning and Zoning Director
. {l1UL-
Michael W. Rumpf
Senior Planner
TO:
THROUGH:
DATE:
December 19, 1997
SUBJECT:
Foster Property PUD (LUAR 97-003)
Request for Land Use AmendmenURezoning and Master Plan Approval
INTRODUCTION
Julian Bryan and Associates, agent for Continental Homes of Florida, Inc., applicant and contract purchaser,
propose to annex a 23.4-acre parcel of land, and reclassify and rezone the property to Low Density Residential and
Planned Unit Development with a Land Use Intensity of 4,0, respectively. The property is currently classified as
Medium Residential 5 (MR5) and zoned Agricultural Residential (AR) in Palm Beach County. The applicant is
preparing this property for the ultimate development of 98 single family, zero lot line homes, The subject property is
located on the north side of Miner Road, approximately one-half (1/2) mile west of Congress Avenue (see Exhibit
"A"-Location Map),
PROCEDURE
Pursuant to the Land Development Regulations, Chapter 2, Section 9-Administration and Enforcement, when a
rezoning request requires an amendment to the Future Land Use Map, staff analyses shall include an evaluation of
the project using the eight (8) criteria under Section 9 (C)(7). For this analysis, please see the section below titled
ISSUES/ DISCUSSION. As the applications also involve a planned zoning district, specific application
requirements related to the proposed amendments to the master plan will also be analyzed, For specific
information on the proposed revisions to the master plan, see the section below titled PROPOSED
DEVELOPMENT, Lastly, as a requirement in connection with processing a land use element amendment that
involves property in excess of 10 acres, the plan amendment must be approved by the Florida Department of
Community Affairs (DCA). The DCA will conduct two reviews of this proposed amendment. The first review will
occur once approved by the Commission for transmittal to the DCA. The second review will occur following the
city's adoption of ordinances.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area vary and are presented in the table that follows:
Direction
North
East
South
Farther south
West
Northwest
Zoninq
PUD
PUD
N/A
PUD
AR (County)
PUD
Land Use
single family homes (Meadows PUD)
single family homes (Meadows PUD)
Miner Road
single family homes (Citrus Glen PUD)
mobile homes (Whispering Pines)
single family homes (Lawrence Groves)
PROPOSED DEVELOPMENT
/
2
A petition to rezone land to a planned zoning district must include the minimum master plan documents as
indicated in the city's Land Development Regulations. The proposed master plan proposes 98 single-family homes
on "zero lot line" lots (see Exhibit "B"-Proposed Master Plan). A more detailed description of the proposed master
plans is as follows:
Project Area:
Unified Control:
Site AccesslTraffic:
Proposed Uses:
Lot Coverage:
Setbacks:
23.4 acres (the minimum land area for a PCD is 3 acres);
The entire site is owned by Roland E. and Ceila M. Foster;
The site is located on the north side of Miner Road, between The
Meadows 300 PUD and Whispering Pines Mobile Home Park, The
project is to be designed with one entrance (with entry control gates) and
a single entrance road from Miner Road which culminates into a cul-de-
sac, and from which two other cul-de-sacs extend southward. All internal
streets are shown with 40 feet rights-of-way. A sidewalk is proposed for
one side (rather than both sides) as required by code of the street. In response to staff
concerns regarding project safety and emergency access or evacuation, the applicant has
added an emergency access easement to a 24-foot wide utility easement at the
northwest corner of the property, which leads to the eastern terminus of
Bedford Boulevard within the adjacent Lawrence Groves PUD. A
condition of approval is to relocate this emergency accessway to the
opposite corner of the property where it will align with the existing side
street extending from Meadows Boulevard. It should not extend toward
Bedford Boulevard as this roadway is not paved to the property line, but
rather is separated from this site by vacant property which could facilitate
obstructions to emergency use.
With regards to traffic impact, deficiencies in the traffic analysis have
delayed the County's review. Ultimate approval of this request will be
contingent upon the compliance of the project with the Palm Beach
County Traffic Performance Standards ordinance, It should be noted, however, that the
project will generate 980 total trips per day and that this intensity of development is
currently allowed and projected for this parcel under the county's land use plan.
A total of 98 single family, zero lot line homes is proposed. The site will also
contain a passive park/tot lot containing 0.64 acres;
The application indicates the maximum coverage to be 45%.
Individual lot setbacks are to be as follows:
Fro~ 15fu~
Rear 15 feet
Side, street 15 feet (10 feet minimum distance between
buildings)
Side, interior 0 feet (10 feet minimum distance between
buildings)
For auxiliary structures:
Front
Rear
Side, street
Side, interior
same as above
5 feet (pool/spa); 8 feet (screen enclosures)
15 feet (pool/spa); 15 (screen enclosures)
3 feet (pool/spa with privacy wall); 5 feet
(without wall)
Project Perimeter:
Perimeter lots will be separated from the property boundary by a 20-foot
~
3
wide perimeter buffer.
Water: The city's Utilities Department has confirmed that sufficient reserve capacity exists to meet the maximum
potable water demand projected for this proposed project. Based on a density of 4,19 units per acre, a total of
98 dwelling units, the prescribed single family residential levels of service of 200 gallons per capita per day, and a
2,15 persons per dwelling unit factor, maximum potable water demand is projected to be 42,140 gallons per day.
Sewer: The city's Utilities Department has confirmed that sufficient reserve capacity exists to meet the maximum
sanitary sewer demand projected for this proposed project. Based on a density of 4.19 units per acre, a
total of 98 dwelling units, the prescribed single family residential levels of service of 90 gallons per capita per day,
and a 2.15 persons per dwelling unit factor, maximum sanitary sewer demand is projected to be 18,963
gallons per day,
Drainage: The project is located within the South Florida Water Management District (SFWMD) C-16 Drainage
Basin, and the surface water management system will be under the jurisdiction of both the SFWMD and the Lake
Worth Drainage District (LWDD), Project drainage will consist of a series of catch basins and pipe that will
direct run-off to two onsite lakes. From the lakes, water will drain south to the adjacent L.W.D,D L-20 Canal. The
LWDD provided no objections or comments on this petition.
ISSUES/DISCUSSION
Pursuant to Section 9,C,7 of the Land Development Regulations, staff shall evaluate land use amendmenUrezoning
applications with respect to the following criteria:
1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPLICABLE
COMPREHENSIVE PLAN POLICIES,
The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of
land to higher densities and intensities. The following Comprehensive Plan objectives, policies, and support
document text apply to the subject requests and are analyzed below:
Policy 1.4.13 - "Subsequent to Plan adoption, establish procedures to provide that the City shall oppose
requests for changes in land use which are in conflict with the City of Boynton Beach or Palm Beach
County Comprehensive Plan.";
Objective 1,17 - "Minimize nuisances, hazards, and other adverse impacts to the general public, to property
values, and to residential environments by preventing or minimizing land use conflicts,"; and
Policy 1,17.8 - "Maintain and improve the character of existing single-family and lower-density
neighborhoods, by preventing conversions to higher densities."
The proposed application actually represents an amendment to the Comprehensive Plan as the plan must be
amended in order for the annexed property to be officially brought into the boundaries of the Future Land Use Map,
However, the proposed amendment is also consistent with the Comprehensive Plan, as the proposed land use
matches that which has been designated for the adjacent properties where annexation is anticipated. The proposed
amendment is consistent with the recommended land use classification for the subject property, Low Density
Residential, as well as with the existing Future Land Use classification for the property in Palm Beach County,
Medium Residential 5.
For further analysis of the compatibility and consistency of the proposed project with adjacent neighborhoods and
city development regulations, see both the section above titled PROPOSED DEVELOPMENT, and responses to
the remaining criteria below.
2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABLISHED LAND USE
PA TTERN OR WOULD CREA TE AN ISOLA TED DISTRICT UNRELA TED TO ADJACENT AND NEARBY
DISTRICTS, OR WOULD CONSTITUTE A GRANT OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY
OWNER AS CONTRASTED WITH THE PROTECTION OF THE PUBLIC WELFARE.
5
4
The proposed land use amendment would further the Comprehensive Plan with the annexation and reclassification
of the subject property to the Low Density Residential land use classification. With respect to consistency with the
general land use pattern, the proposed reclassification is also the lowest density residential land use classification
within the city, and is the predominant classification within this area of the city, With the exception of the Melear
PUD, which is located to the southeast of this property, and the adjacent Whispering Pines mobile home park, all
other adjacent properties are classified as Low Density Residential land use.
3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE.
With respect to the annexation and reclassification of the subject property, the property is contiguous to the city's
boundary on three (3) sides, and should therefore be annexed into the City of Boynton Beach and developed in
accordance with the city's Land Development Regulations.
4) WHETHER THE PROPOSED REZONING WOULD BE COMPA TIBLE WITH UTILITY SYSTEMS,
ROADWA YS, AND OTHER PUBLIC FACILITIES.
Also, see analysis above under PROPOSED DEVELOPMENT, With the exception of traffic impact, all other
facilities have been evaluated for available capacity, As indicated above, the LWDD has provided no objections to
this proposed project, and the city's Utilities Department has verified that sufficient reserve capacity exists to serve
the anticipated demands from this project. With respect to parks and recreation facilities, this site is located within
Neighborhood Park Planning Area #1, which has the greatest supply of public parks/facilities relative to the
other 19 planning areas. The level of service standard (LOS) for this area, as projected within the Comprehensive
Plan for 1995, was to exceed the target level of service standard by nearly 4 acres per 1,000 residents, To enable
access to the public recreation facilities accessible from within the Meadows 300 PUD, and at a minimum walking
distance, pedestrian access should be allowed at the relocated emergency access easement which is to connect
with Meadows Boulevard. This condition could be removed with the addition of active private recreation facilities
equivalent to a neighborhood park. To date, staff has not received the County's review on traffic impact. The traffic
review has been delayed due to deficiencies in the original traffic information, However, once received, such
information will be incorporated into this review process,
5) WHETHER THE PROPOSED REZONING WOULD BE COMPA TIBLE WITH THE CURRENT AND
FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES
OF ADJACENT AND NEARBY PROPERTIES AND WHETHER THE PROPOSED REZONING IS OF A SCALE
WHICH IS REASONABL Y RELA TED TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE.
In comparison with adjacent residential developments that have been constructed within the last six (6) years, the
proposed project is generally similar and compatible, Two (2) of these adjacent communities are also planned unit
developments, and include the Citrus Glen PUD (Executive Estates) and the Lawrence Groves PUD. Other
similarities between these two (2) projects and the proposed Foster Property PUD include the typical lot dimension
between 50 feet to 55 feet by 100 feet to 112 feet, zero lot line design, land use intensity ratings which are all "4.0",
and lastly, gross densities which range between 3,66 units per acre and 4.35 units per acre, The proposed master
plan is less similar to the third, adjacent single family residential community, This third adjacent neighborhood is
within the southwest portion of the Meadows 300 PUD, which includes Tracts "C" and "D". Both developments,
which were developed over six (6) years ago, have lot dimensions that are typically 75 feet wide and 1 00 feet long,
a land use intensity of 3.36, and densities that are 3.37 units per acre and 3.65 units per acre.
With respect to the effect upon adjacent property values, the proposed project is representative of the typical
design of projects that have been constructed within the Lawrence Road corridor over the past eight (8) years.
Although there is contrast between the subject application and the adjacent properties within the Meadows 300
PUD, the differences would not likely result in a lowering of property values within this adjacent neighborhood.
As for the scale of the project, relative to the needs of the neighborhood and the city, it should be noted that the
City Commission, beginning at a workshop on July 12, 1995, discussed their desire to consider establishing
minimum lot sizes in PUDs, Initiated by the small lots first proposed for the Nautica Sound PUD, the Commission
has requested that the PUD regulations be evaluated as part of the process to evaluate, and amend/update the
Comprehensive Plan, A specific solution to this problem was not agreed upon; however, setting a minimum lot size
in PUDs of 6,000 square feet was considered desirable. Although the proposed project includes lot sizes in excess
of those lots first proposed in the Nautica Sound PUD (4,500 square feet), 35 of the 98 lots proposed for this
property will be 5,000 square feet. Lastly, for lot regulations within a PUD, the city's Land Development
t-f
5
Regulations refers us to the minimum site standards for the conventional zoning district that most closely resembles
characteristics of the proposed project. The most dense single family zoning district is R-1, which includes a
minimum lot size of 6,000 square feet, and a minimum lot width of 60 feet. It is estimated that the proposed
project contains 27 lots that exceed 6,000 square feet, 35 lots that are 5,000 square feet, and 36 lots that range
between 5,000 square feet and 6,000 square feet. Due to the size and location of the subject property (adjacent to
a mobile home park), a minimum lot size of 6,000 square feet may render this project unfeasible.
6) WHETHER THE PROPERTY IS PHYS/CALL Y AND ECONOMICALL Y DEVELOPABLE UNDER THE
EXISTING ZONING,
This property currently remains zoned for its original use, agricultural. As this property is well within the path of
urban development, the development of this property has been anticipated, and is not a target by Palm Beach
County for preservation. It is assumed that, similar to the surrounding properties which have nearly all been
developed, this subject property is also physically developable,
7) WHETHER THERE ARE ADEQUA TE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN
DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED.
Few parcels still exist within the city that resemble the subject parcel's size and accessibility, One exception to this
limitation is the nearby Melear PUD, which includes a large undeveloped portion designated for single family homes
and classified as Moderate Density Residential (which allows densities up to 7.26 units per acre).
RECOMMENDATION
Based on the analysis and discussions contained herein, staff recommends that this request submitted by Julian
Bryan & Associates be approved, subject to staff comments as summarized within Exhibit "C" - Conditions of
Approval. This recommendation is based, in part, on consistency between the proposed project and the
Comprehensive Plan, and general compatibility of the proposed project with current and future uses of surrounding
properties.
Attachments
Xc: Central File
IICHIMAINISHRDA TAIPlanninglSHAREDlWPIPROJECTSIFoster PropertyILUARILUAR-Q03a Rep-new2.doc
5'
Exhibit "A"
LOCATION MAP
(p
-. -- ~~- R,.
~-~~~~:/~ ,~f.' i 1'~~2J~~i: -
..... -, ,:< ~~'
f-- -',~ \., \ .
~- -, ~. --'~J~\\J
1-- -~-., ~"'~h-1
.1'-= 1-'1rl)L:-~ '. ~ ~A\',: ~ \ '3
.: L"-.';1~ '.. ,~: .";tf, I _I ,-"
-; ~.-,-~~~~.~".'~~.~'-;:.:.'~ }-J. I F= ~
. . ~ . tl':-!~( J n ~
1/8 MILESV '" '\ N e" U ~
,TIll 1 'I . ," 4;.0 U ~
b 40Q'800 FEET -
. PLA/\/NJNr. ps-pr, IZr97
: ~ , - ,~ "=:. . ~ - ~ - ~ / 1 Ji
.; ,~3,"!r:~'P ""UL~~~ iiI&II- . - ..j
..jl'~: . ..
.:-~~,~i
, \ , I't.
.E?~~
.df~
FOLO~ATION MA r)
ST R P]:~OP =~" y
"'._. ,_ __ Nvl,.,.- UXc::I J/?,.,MJ,.. I ~ .......,.".
e t-" T r =IiI . C 3'h' . NIt: '~'u' C"~~.N'C f. -=-.~."IW' "L.c" "''71
, L__ !!II "~,, .- r- ~" (.
,(I . j- "'i i !1'9 LUI:.))~."
'" I r fA .~5.0' 1 ~\ ~;~;?
t, at -0 "" ,--:...~:, L-=:, '\) II V
~r ~ 111fT Tl.- ~ ifIll ",; ~~~~~/~~ :-~-w~-('I J I
~~19 ;~\ I~~ ,:'&.~.c Ifr~J'f(ir:?"1t: :S%'f~-==----rll
1 ~ I~.... C Il'j~/f~~C:::;-N'" "~ 8
". ~~ ~II~!I~~~~"~~~~'~~:' .t.rj r J
LL11.. L ,JII J V \ r- /T1.~_'~:,~~_~)} l:~: J.-. ____.../q -
J' I" ~ , , I ~'i' I 4
'\ ..' =....'.UJ j ~'\~~Ir:., .i'~--=;"'--=------ CJ C:
" ',I' -:::\J II '.." ~~' -il ~Oq~tA. . [~It=?
~' / '-I' II II "' In!" v fV~~ ,IV'" .. ~
-,- \ Pi'.i- ~ '<'~~:/ '.T..... ~~~~~ c~
, J '~-J _1,-- - ,x, ~~ ~ r f-
~::;.. = II - .~ (...Tor......../~ ~.~ \\ ,;
I;:, I - 'I -- It L_1 I :.. ,'::LJr ~ " -- ~
, E.!; ll1lllli IH" rr \.J I( -- .... ~ .^~ JTTff8~-~_'~ 111 ... ~ ]
· mnJ'jrgDB il. II r~ ~crttm -- r I\\} ~
iI~ 'JlLI It ~, \') i ~r-- c 1 ~ =:: cl-c t:: . d
;':'l[T[1nll)/)11 ~==d !/11 I 1111111\'/1 III" B
.. . .J...!,..1t........ _
, ,w" ,7). r .ANIfL L-,zo . ..,.__ .,-~ _ ~
F~_- :-P ('I l
"I.: :I\~
lo~,:&,,-:;;\ '~~{0 <
PL ~ :~~./ ;V~ :~~
LU I .~ rJill."~" ;' 11-(7) j II
~ ~ . __I \', ".~. '-'-, -u
UMEL~R~;7~TY' II
,,~ "
I
, I I
" ".-
.'~
'.\. -
;:.::j~
_~li=
:-f"'~
.,;L!E AG
.:118
,
I
/.
It
...
,~
/.
:; '0
~
1=
~
!=
t:::
1--.
f--
~ j\>
[
----~~
=- ~
EXHIBIT "B"
PROPOSED MASTER PLAN
g-
(M/'d .O\.a.,
~ ."-~, ,- " aVOH ?J3NlJ"l
'a tl ~.~....., z_ ..0 - ""'1.iii:(o-:..1i - --. - :~:.
..- o".+-ifl- ~r -----n.r..';:F...... ,;, ;;:m;:,.'.~ .~'.;~~:.;;.riji\ . ( ..O;jii ,- -- n~ 'C. ____
\$f-~l:::-~!*::.- _:-_:-_:-_-!!~:-_.:Jl:-~:~!:::.'::::~!::j:-~~~ :;i:_ ~;.;~~:X, _
:8 :g ~: , '., ~LZ~Y!:".?.~~:2iL""---.._..__..\U ~q'a'~!: I ..0. ,_.jL-.-.-;~
\~t;""... :.~t;=:~:.~-._~.._.-~:.-;f~: .:;.;~;s: ;~:!:~o.._t:~~Ot~Ltr~ ~~~=. ~~~-r-.'--\'#~-~_.._._-_.._.
~CI'l'" ~ 10.1 ,_(j) -f3; ~""""'-""4&'-/ J .Jl
iHi;H;~i~&im~ I :frl\. ~. ~, 1-" ,l~,i l~f~
1:;'!.c~iOI30!l:ll t' fi ~ ~ I ___ !
;rlaa~h!.~:ii~ ,'i I i ~ , '~\ ,,;! !!. I ~
~i:o.;i~l;!glir- J _ I' 2 ~.t f (,tJ I ..~.... i ~ _~
!..,:~IJ;J". az"",- f lit....), I~.lil o"l~r J'".....:!!
i;;i!;i~il:ii~ I ~"c>> ~~ \~ ~'/-~f. !J~ei.ll'rl- I
~2.~.=:fo ii;~:rcn I ~ ~~ . ~~ \'\\\~~ f~l I ~
f;iliir fili;;" -~I I ., .. ~\.. 3'2 ,/.- ~ i.J 11!'~~.
i,,=i_..:~'! . 1:-., 1hlK:\$ ~"b" !leC iI'
is: : ~: ! ! ~ i 'flU . la' ~ ~_ i"f CD ~ ! _ I ""4 ., : I
I; H".. . H ! : gj .'u. ,;[; '" I " (II, ,'" 0 mng. :: ~ ~I 1" w ~:
g 1):1 ~f i. .:.; / ' .~ I; /lJ ~ f f' fD -;O-f I I H .
_i21'" _ 0' ~ .', ..Aft. ~ f 'OCl) ,"
IS" :;;:! g 1;1 (/ .:~ wi. ~>:-- '""If CD Ii / --.1 ...-l"! :-w:r--.
!f;.Hl_"tot: :;;('.If..lJ,u;!'r/..x ".'(ll'i ! ,~_ -; T.:,rnA:.!
.~o:'~3" lfil. ~..,. .r;,l' ~ /- ;:CO~Jf4-
l:li!iJ. ! .:;i; 1f1"Of_"!_~~.t"'" I:~ !;~ ;-'f CD &1 f (,n.... - I 1 ; ~
a: :';; c ~ !. :, 3: . . " . I c a-.. ..... -f 1 j --:.... I
i~i::'5j = Ij:~ t I ;. ~ ~'J ' ;-::: '.':. .~;.; t ~.tfUl:l
.:;, --a'::: it i~,,~; ;.OJ .3l-............~ .:~_1~O'-.__~ :!f:~'f.~.1 j
;iico f"'O j ~ I' .,1 :__... ;:~ I~
5;; -!!i ~!; \ .~ ~ ~ 'r:J;lf~!. --m--J~~ ~ 1Jfm~
!~ 10 io :l:l ~ ; ..., "1JI _ '.... " -.!tL.-.;('/ ! :~ CQ Fll >-.:~ r
!.'.o:~5"i !1 ; '~ \,\\'~, '~O)~}~" ~~ w,>} , ~~
.~ ~.!; !.'oj 'lf~=jt..\. \ //~tlC,' ~...,f-...-,-'i' ~.J.. ,tf'oj~
,;; : i'~ ~ ~ l-,.:~, '- \;j,~... -'1/ tQ I : u, ;) .c .. ~ ,: "Y
"" ,,12" 20. i:!... x""" """,0, '}t...&s'II!lW 1tJ"'I' . ~
_~ >if l g /.,'. ~ "'I . .... ..-r;:;.' :'.1--: 71' Ql .
o ! j · -I '1< ' ',," ~ '~. I. ", I '... ;.,' Ii ':
o <.nft : ~ ~ /" " ..... ~ ~~ ~ ~ I' ~ --. -..
I '1' ~ .~ ? ;. . ---t-..._-{_~!, ~ ---
L~_ J "" '<P1"--; ;"~~~..,:~~..:,-~_._ c ..:t1"'1' 'ilfct'J!
_/ - <'"''oj '11' :::~ A".,~~ -4O'-RAI\Il"""_. ._...;"
'~. 1 -- '..A 4-- '. ~ .1....._ I /.,'1 l~
. r ~ !,~ _ &~ ~ :::: ~; tL--:.. -f:::=,-r.,!'.!:._-~ ,H -1-i ';],..!
,...- ,,"'oj", ~'.',.:fi:::::!- ....'~il. H.l..' "0"
~, ~ ," I" '( .,1-' ~ ., ;j '~I.:. ~ f.~ ~ ~,~ ~ J I ::: "0 :~':,--..-
r .~- .~,!... '~I 'oj 'Ii' (Jl :!~' ""!I'i ; J. ~lf"';
!._. W q f 1 ' , ..... . 0 tQ, (It I... i l...a. ~
I ,: I----~~ Q) II '~I
~--~ \ ~:J ~ ,..' ! J;., ~ "!H~ !l-;Nlj!
~l : !~i ,I '. U : 'i::~::~ l$~~
lC tL II; ~i , i f~:: ~ ~ I g.-~.-...;;.:;Jf j~' Ii ,ii ~ 11
..- :'.' ~ ~r I. If IQ 1 -- f ~ I I
~ ~: f CD i: 8l 'in .!. I ~
f . 3 1-"'-' ... '" H :1!" ~
\f ~ ~I~ ~:~H,l"l1I':..
I!: ~i.', V ----,-=-\ ~ ~ !_~ filH JJ ;if cD l
. 1, g: l. ,,~~ O'I....~" ,,( it ~... l!lll";; n
'\" _,~t I .'~ / ~lo;:~ ~ ~~ !!' ~~
" 'Ill ~,. ,~. I ""~ r, . CI) 'I"'" OJ ': OJ " Ol' 'r~ 111 'oj ,.
..", -1...-.. ~ ,,''''" : 0 ;'!.i~ - "IL ~ '00' w.; i D ..... "
"'" .~.)' : _. ,I':; _. "!;;- _ ~..t:::::. 1 j -...--.
Iff ~ t--____.-, ~ "~" ~Ji'!.:....: 1:: I i ~ ! .';:;, ~ ! ~ -' 'ilf - ,;
I 2. ,.,ltn~' . '~ ~;aw-",~~~-""" 4=;;:' =2! i-.,,' . .. CD 0;
'; ." CI ?I!' 11 ._._.~7.'._,_. . '- ~r . '. .,i" : ~
"" - ~_' ~,~\ ~. .-. -o4E) RIW'tp~,_._,_._.~ H ~ ~Jf ~ :1
~ .....r..~~~.... '\'>.(~. -!y7 _'t1,~ l~,~ .~~' .0- I ; H :
~ /,t, 'j~/ ,~".~ . "1-~ : I: ,-...--.,
:, " fJI~'" .., ---.-"'1 \ . ~: ;:fl.' ~ ' ,...... ~! ; ;..; - "'If f\J ..:
." C11~""-'. / ........ r:-;--\ 1;' ~~~. ';:,. ~I ~:; . ::- I' i U. :l.!, o:r
. .!"~ ,~' / \ ~ ... ., III ":'1111 (JI !f.~ (JI ~!i.~. "I <!I' ,....
Of - 4' '~(,.4 ~ ~1 II! ~ lot! 0 :~r ..~! ~,fl '-...--.
~~. ,:0.' "\.~ \ -I I~ >-=-- '~lCll of; ~ - ;1f/oJ!,
....j ~t --,--i.r J ,.... ~r I'M ,......"",
. "1 ir.~~r~ 11'-1
.: 1 '- ~ O~"'-1 .~jHh ~
1f!; 0 ~ ! I: ~ mA 2: ~ '! l1f ~ ~,
,.--: CI - !-.JE.- ~ I' "II 1 -....-
i I ~s; ;-i~ ~ i: ~;niT I.!.~'~' mtl::
I J^ Ul G1 JD !' J Ji Ii'
, m': 11 ::: I i;;;;.i~-~~ 'I";-.rr---,
;".- m . ~---- I H ~ ""f t\) ~j I
...., ~, . '" '2 ~,-. .... ~ 111 11 ~''':''""I''
I > 3 ,: III ,n I ; ,H .'
~ I M CD I !~ ,I/.:-BT---.
-' - -.-. l I>:J~' II i ~ -l 'il! ~ ~
',- . --.,..... - i: ~;u fJ I H--.L i,11I'
-e < ).,:0. i r~ ~'T,j.I:~
~ "'~ " ': ~ '!a ~ ~ I '. . i~"?iJ.~>' / '/J/.: m til,;
", w ~ i ~: !"'/" ~ tll li.;;~\ ~.. t't ,,/IJ.,..;.... -.. :
ifl': ,..ID." \ ~ I ~. /!--..r-'i9i \ ...."'. -.,.., / iB:~ ! ~
I .':, ~ .:....:-.."-,, ': A ~I'I, ~. "'~ ".,; . ,Ii. I 'If.!::l!:
J ! · ". V\X~~'- \!':..fll ".':.'a\ // /,...\.,~(, '
Z ..... I.:. ~3'hL' 4' ~4t. 'i ~,i" \\/~... .<. ,~. ~
,; ....h " ' ("~ \_ -,L~_-./ /~~' 17.1 \ iJf ~ ,/
o ~ , --- I,) , ill- ~ .,." J;~"- '"'.. a:a .;/
2f~ J I: ." " .' . -.-1"::"dH'W~:h9"-- - /~ ":.~ .~~~
fV~,\ w ,1- !~,/r1.::-r; ~... .
\ . \_~ /f/t-i- ~~-"".!!.1---!:-:n r-;;l"'~ ~...~ '~
TI "', . ( i! . ~, : I .." -r=:;=j : .~' I ~I ~, . ,.". J \ '.'" . ",-" li..--/
tl 'to'; j ",,. '_ . , ..... It..... ' I _11M >,,1 "':1 ,.. ~ to I .f
!?:~. '.~ft,.. ,,: '~/I/ : ;; ~!r ';:; ~~i ~J~!~ ~ i~ ~ ~T ~ .! ~~ i'\ ,':1,'1 :~ :q,I?!T. '
.~~~ l{ ':::~:.. '\ ;! / 1/' ~~! ~ I L.mJ ~ ~ \ I; t O"'J:lO:fG.7/f
""-f.,-._.~.t!_. .. I . I ,_ I I. L!JJ .
;,;;! ~ ",":::;:Cf :'~~ __ . . ow '...;:.~.,. 0: --r.-~r-" +f_:i 03
-DA' ....M' --ifrm--~:'::C-:':Tlfl '---'-:.-":':';t~'~!;i!:M.;~;ii:wsrr~I"-'\'''--'''''---''--'' ----;- ~n--'
. _,___ I_~l' ~lElr..l.~, "----,- / 2ctP':
-~- ~ ~ n ,....<t,...d'.,)I):!'lfdSMOOV3W.. ""..,......."'...,.~ ~61
-- on_~.1l~""f"'"\"'"'t....~~~....... tItJIUOzond.nwOHIt"we::tetOUIS M!1t.O"~llIO:.""~ .-;
~'
~~
....:--
~;;:
"~I c:
c:
:;::
~ .
n
o
::tJ
Z
m
::tJ
::tJ
:11
Q
p
r-
r-
Q 1
.. Iff
., en
, -.
I .g
. if
'T1
~
-<
:r
o
3
CD
...
I
/'\\ r
~ .'.
'- ~v
I~
i~
,:t
~ !~
I ~
f
~
i
~
~
-0
"0
;~
iw :r
28~;
_, r.
'1l f~
~ ::
-i .
Z ~
P
'1l
c:
o
N
g
3'
<Q
>>
>>
..
,
t
IW
5~;
:f
),
.,
g,
! ~
...
i
l
o
Q:
if
~
I~
J ~
'!
~
g
en;
:J ~
Ul ;r:-
c: :11
CT:ll
Q.N
-. 2
< ".
-.:Q
0.-
'll
l>> III
Q.?"
r>>
~
n;
Q.
c;;
..
..
...
"!
r:
~
~
>
,,0
"
!
:i!
f~ :-
~~~~ -
CzO:::::
~~;;~
EXHIBIT "C"
CONDITIONS OF APPROVAL
-------------....---.- - _....__..~----_._~_..._..~-_.~~-_.-------- ..._._-~.
/0
EXlllBIT " C"
Conditions of Approval
Project name: Foster Property
File number: LUAR 97-003
Reference: The plans consist of 5 sheets identified as 2nd Review. Land Use AmendmentlRezoning. File #
LUAR 97-003 with a November 25, 1997 Planning and Zoning Oepartment date stamp marking.
OEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments:
I. Indicate space for turn around at entry gate (for vehicles that are denied
entrance or turned into the area by mistake). This area needs to be prior
to the entry gate.
2. The landscape plans show landscaping in the cul-de-sacs, The master
plan does not show anything in the cul-de-sacs. The police department
recommends there be no landscaping in the cul-de-sacs to allow for
fire/emergency vehicles to make adequate turning and also prevent any
visual hindrance of vehicles backing from driveways.
ENGINEERING DIVISION
Comments:
3, Show a roadway section consistent with LOR, Chapter 6, Article IV,
Section 10.B,&T.
4. The cul-de-sac diameter shall be a minimum of 90 feet to the edge of the
pavement or curb line. [LOR Chapter 6, Article IV, Section 10,0,]
5. Provide a recent (6 months) fair market appraisal of the subject parcel to
determine the required fee in lieu of land dedication for parks or
recreational facilities. [LOR Chapter 1, Article V, Section 3.A.2.e,(4)]
The appraisal shall be submitted as part of your final plat submission.
[LDR Chapter 5, Article V, Section 1.]
6. Required improvements (paving, drainage, water, sewer, etc.) to be
reviewed at time of submittal for plat. [LOR Chapter 5, Article V,
Section 2.A.1.]
/1
Page 2
F oster Property
File No.: MPMD 97-003
DEPARTMENTS
BUILDING DIVISION
Comments:
7. Either remove the word "Gazebo" from general note number 6 found on
the master plan or provide a perimeter setback for the passive park, water
management tracts and buffers. It is recommended that the perimeter
setback for the areas where a gazebo would be constructed be established
at 10 feet. Reference same within note number 6,
8. Considering that the general notes identify, and the landscape plan shows
other structures (such as site walls and trellises to be located within the
common area), remove the words, "trellis, playground equipment and
irrigation pump houses" from general note number 6 and add a new note
stating, "other structures shall comply with the regulations specified in
Chapter 2, Zoning, Section 4.J of the city's Land Development
Regulations" .
9. Add a general note to the master plan indicating that there shall be no
building or any kind of construction placed within an easement without
prior and proper written consent of all easement beneficiaries including
all applicable city approvals as required for such encroachment.
10. To clarify the minimum lot frontage dimension, reword the minimum lot
size data as follows: "5000 square feet (50' X 100', typical). Fifty foot
minimum lot frontage measured at the 20 foot building setback line".
11. To ensure compliance with the maximum floor area ratio for the
proposed 4.0 Land Use Intensity (L.U,!.), add a category to the site area
breakdown data that indicates the maximum floor area shall not exceed
2,081 square feet. If the Commission rejects this comment, the applicant
shall provide with each building permit application, a floor area
breakdown that provides computations indicating maximum floor area
allowed, maximum floor area existing prior to the subject permit request,
maximum floor area proposed with the subject permit including
identifying permit number and maximum floor area remaining following
permit approval. This alternative method is very cumbersome and
becomes extremely hard to monitor when additions are added after the
houses are built. It is strongly recommended that the master plan specify
the maximum floor area allowed to ensure land use intensity IS
maintained. Note the maximum building envelope shown and identified
on the plans exceeds this maximum floor area ratio for the proposed 4.0
land use intensity.
12, To clarify the building setbacks add the words, "all types of hard roof
structures" after the word "setbacks" found in the first setback data chart
I~
INCLUDE REJECT
Page 3
F oster Property
File No.: MPMD 97-003
DEPARTMENTS INCLUDE REJECT
on the master plan. Also, add a note following the side interior setback
specification indicting that a rated wall complying with Table 600 of the
Standard Building Code is required where there is a hard roof adjacent to
a property line.
13. To clarify the setbacks for auxiliary structures, add the word, "roof'
between the words, "screened enclosure" in all instances where the
words "screen enclosure" is identified in the site area breakdown section
of the master plan.
14. To maintain a 10 foot separation between auxiliary structures and the
exterior walls of a home, it is recommended that the rear setback for
auxiliary structures for lots 91 and 92 be increased to 10 feet rather than
the proposed 5 feet for pool/spa and 8 feet for screened roof enclosures.
15. To clarify the side interior setback for auxiliary structures, re-word the
side interior setback data as follows: "Zero lot line side - 3 foot
(pool/spa with privacy wall), 5 foot (pool/spa - no privacy wall), 0 foot
(screened roof enclosures). Side opposite zero lot line - 10 feet
(pool/spa and screened roof enclosures).
16. Note the proposed 8 foot screened roof enclosure setback would prohibit
a pool, that was installed at the allowed 5 foot setback, to be enclosed
with a screen roofed structure.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
17, On the master plan, provide information regarding location, size, and the
availability of utilities for the proposed project (LDR, Chapter 3, Art. IV.
See, 3.P).
18, Provide a proposed name for the subdivision (LDR, Chapter 3, Art. IV.
Sec. 3,A).
19. Increase the width of the proposed street rights-of-way to the minimum
of 50 feet as required by LDR. Lack of compliance requires processing
of a concurrent variance/appeal to the required improvements section of
the LDRs. No variance/appeal can be granted if the street design does
1:3
Page 4
F oster Property
File No.: MPMD 97-003
I DEPARTMENTS I INCLUDE ! REJECT I
not accomplish the intent (sidewalks, travel lanes and drainage) of the
standard 50 foot wide design.
20. Submit for review a copy of HOA documents.
21. Provide a unified control document.
22, Provide sidewalks on both sides of the proposed streets.
23. On the sample lots, delineate and dimension parking spaces In
accordance with the dimensional standards of the LDR.
24. With the second submittal, provide dimensions between the proposed
access driveway and the closest access driveways of the adjacent
properties to the north and to the south.
25, Future platting is necessary. A future (can be concurrent) site plan
submittal is necessary for any project signage, common area landscaping
and screening/ buffering details
26. Relocate the emergency easement to the northeast comer of the site to
align with the unidentified, paved side street extending westward from
Meadows Boulevard, to this comer of the subject property.
27. Provide pedestrian access in conjunction with the relocated emergency
access easement to mInimiZe walking distance to nearby public
recreation facilities,
28. Provide a written determination of compliance with the Palm Beach
County Traffic Performance Standards ordinance.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
29, To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
I 30, To be determined. I I I
/bme
s:\projects\cond of appr\
It/-
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
JULY 12, 1995
Commissioner Jaskiewicz requested that staff provide copies of the codes used by other
municipalities including Lake Worth, Delray Beach, Greenacres, and West Palm Beach. She also
requested that staff secure a copy of Coral Springs law on truck parking.
Commissioner Jaskiewicz is hopeful that we will have a finished appearance code ready by fall.
She is anxious to try to get some of the older businesses to agree to improve their properties to
a certain degree. Many of these older businesses are afraid to do any, type of repair work because
they fear they would have to bring their properties up to the current code.
City Manager Parker advised that painting and reroofing will not trigger the code.
Commissioner Jaskiewicz reported that the Kmart property has a new owner who was considering
improving the property until he learned what he would have to do to bring the property up to
code. He has decided to do nothing. Mayor Taylor also mentioned the Firestone business. He
feels the owner should be required to paint. City Manager Parker advised that we do not have
a painting code. We do not regulate colors, maintenance of paint or roof shingles until it becomes
a safety issue.
Vice Mayor Bradley feels the Commission should review the appearance code which was defeated
because it addressed some of these issues.
Commissioner Jaskiewicz further pointed out that the ITV property on Congress Avenue has no
landscaping whatsoever. She feels they should be required to landscape that property. Gulfstream
Lumber should also be required to do something with the front of their property. City Manager
Parker advised that Gulfstream has not done anything to the front of their property; therefore,
their landscaping is in compliance with the code. Commissioner Jaskiewicz offered to send a
letter to Gulfstream Lumber relative to this issue.
City Manager Parker recalled that the School Board I s position is that they do not have to adhere
to local ordinances; however, Mr., Hukill said they might respond if they are pressured. Mayor
Taylor feels the School Board should be advised that the City is concerned about this problem.
Mr. Hukill questioned whether or not earlier references to roads refer to public or private roads.
City Manager Parker said this issue of truck parking will be handled by zoning classifications.
This issue will be discussed again at the next City Commission workshop meeting.
B. Low Density Strategies
Vice Mayor Bradley advised that he raised this issue so that the Commission could look at
possible ways of changing the densities.
3
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
JULY 12, 1995
Ms. Heyden explained that our PUD ordinance has failed the City. It contains no minimum
standards at aU and it puts staff in a very awkward position when trying to justify why one
development was permitted 6,000 square foot lots while another was allowed 4,500 square foot
lots. Changes to the PUD ordinance can accomplish lowering the densities somewhat by adding
minimums. Our PUD ordinance accomplishes some Comprehensive Plan goals and policies with
respect to affordable housing and environmental preservation. Ms. Heyden recommends
reviewing the PUD ordinance and the Comprehensive Plan at the same time. If the Commission 's
desire is to look at the City as a whole and target certain areas for large lot development, then a
review of the zoning and land use amendment is necessary.
.\
,
'(.
Vice Mayor Bradley feels that from a city-wide standpoint, the idea of adjusting the zones and
density ranges in each category is something he would like to consider.
Ms. Heyden reported that we are required by the State to reevaluate our Comprehensive Plan.
That would be the time to make recommendations for certain properties to be rezoned and the land
use changed to a lower density category. The Comprehensive Plan must be forwarded to the State
by August 1, 1996. City Manager Parker informed the Commission that staff is beginning to
examine the Plan. She further stated that the County is looking at encouraging development of
coastal cities. They are considering doing something with the impact fees so that if a developer
builds in a coastal city environment, the costs will be reduced. This will result in demand on the
City for development. If we demand larger minimum lot sizes or minimum square footage of
houses or other things that drive up the prices of homes, we will be in a conflict situation.
However, it is important to have a balance in our housing stock. At present, we are not getting
a balance.
t:
\.
Vice Mayor Bradley feels that a starting point might be in the area of overall number of residences
in terms of lot size and density.
Ms. Heyden advised that many developers select Boynton Beach for their projects because they
feel this a place for starter homes. This is the reason why we are seeing the 4,500 square foot lot.
While Vice Mayor Bradley feels it is fme to attract that type of buyer, he feels we also need some
solid middle-income and above residents. He questioned whether or not the density ranges could
be adjusted within the zoning categories. Ms. Heyden recommended against doing that since most
of the areas have had a certain zoning category for a long period of time. Change the setbacks
would throw the district out of kilter and make lots nonconforming. She recommends looking at
undeveloped property and property we intend to annex.
Mayor Taylor confirmed that minimums could be set immediately for PUDs.
Commissioner Rosen explained that he thought this issue was going to address single-family.homes versus multi-level apartments and condos.
4
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
JULY 12, 1995
Commissioner Jaskiewicz said a perfect example of concern for the density is the Tradewinds
property. Originally, there was more property allotted for residential than for commercial. It was
changed so that the residential decreased in acreage and the commercial increased in acreage.
However, the number of residences going in increased. The end result will be a far greater
density than was originally planned for that property.
Mr. Hawkins reported that from an economic development standpoint, in order to attract business
such as corporate headquarters and high-tech businesses with employees earning high salaries,
Boca Raton can do that because they have the room to locate the businesses and the housing stock
to satisfy the purchaser. Our Comprehensive Plan needs to include the higher end housing stock
within the City. This goes hand-in-hand with economic development.
With regard to PUD minimums, Ms. Heyden advised that in looking at what other cities do, she
learned that some treat their PUD ordinances as a separate zoning district, and some treat them
as overlay districts. If treated as an overlay district, you keep the original zoning in place and
vary each individual item. That would make it harder for someone to get approval for really small
lots. She has no problem with a minimum lot size and setback, but she feels affordable housing
and environmental preservation need to be reviewed. The PUD ordinance has been used as a
means to balance what must be set aside. City Manager Parker recommends leaving the 25
percent environmental requirement.
Ms. Heyden advised that when the 25 percent policy was put into the Plan, another policy was
included relative to incentives to encourage enviromnental preservation. The passage of property
rights legislation has made that a more critical issue. When something is eliminated, something
must be given back in return.
In Ms. Heyden's opinion, the minimum lot size within a PUD should be 6,000 square feet with
front setbacks of 20' to 25'.
Vice Mayor Bradley recommended that Ms. Heyden compile a package for review by the
Commission including the other components of the PUD package such as incentives.
Commissioner Rosen explained that Hunters Run is having a problem because of the fact that it
is a community which is made up of almost 100 percent retirees. Boca Raton has younger
communities in the better price range. Schools, housing price range and age are important
elements for economic development.
Mr. Dube advised that in Silverlake Estates, there were only five children ten years ago. Today,
there are 80 children in a total of 167 homes.
Mr. Hukill feels the 45 I height restriction is another important consideration. He explained that
the La~d of the Presidents in West Palm Beach is a very successful area. The area contains homes
5
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
JULY 12, 1995
costing between $400,000 and $500,000. There are golf courses, I5-story buildings, and doctors'
clinics. It is very similar to some of the new, sophisticated towns; however, it is almost situated
in downtown West Palm Beach. Mr. Hukill feels a change in the 45' height restriction is
necessary to attract economic development. He explained how Boca Raton offers housing in high-
story buildings at incredibly high prices. He feels that in order to attract these types of
developments for people from out of town, you must provide convenient hotel space. Because
of the cost of development, the way to attract developers is to allow them to build higher buildings
which house more residents. He explained how the Vinings project will have 500 units. If those
units had been six-floor units, they would have covered one-third of the ground and still contained
the same amount of people.
i
;
Mayor Taylor admitted the height restriction issue is one no one wants to talk about, but it is one
which might have to be addressed at some point. Mayor Taylor pointed out that many people
want to maintain a village atmosphere. They do not understand that there could be something
between a village and a metropolis.
Mr. Hukill commented that all of the high-rise apartments in Palm Beach Gardens are located at
1-95. He believes that is an overlay district and it is one of the more beautiful cities in South
Florida.
Mayor Taylor feels this is a good item for the visioning process, and if a decision is made to go
with a referendum to change the height restriction, a team would have to go out to educate the
residents on the pros and cons of such a change.
..
t
C. Advisory Board
Commissioner Rosen commended Chuck McGuinness of The Palm Beach Post for the recent
article he wrote relative to advisory boards. Commissioner Rosen has received seven phone calls
from people expressing interest in serving on the boards as a result of that article.
Commissioner Rosen said he raised this issue because the advisory boards are important to the
City Commission and the City. However, he questions the manner in which people are appointed
to the boards, and wonders how members can be removed from those positions if necessary.
When he began his term, he interviewed the people who expressed interest in serving. When he
became overwhelmed by the job, he became less careful in making appointments. He feels the
Commission should be a little more selective in making appointments. He realizes that removing
a member is a very delicate issue.
Commissioner Jaskiewicz suggested revising the criteria of the board descriptions to broaden that
criteria.
Mayor. Taylor feels that if there are members sitting on boards who should not be there, the
6
.-..
TECHNICAL REVIEW COMMITTEE MEETING
AGENDA
DATE:
Tuesday, November 18, 1997
TIME:
9:00 A.M.
PLACE:
Conference Room C, 2nd Floor, West Wing, City Hall
1. Old Business
None
2. New Business
A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
Master Plan Modification
1,
PROJECT:
Woolbright Place PUD
AGENT:
Ellen Smith, Unruh, Smith and Associates
LOCATION:
One quarter mile north of the intersection of S,W, 8th
Street and Woolbright Road on the costand west sides
of S.W. 8th Avenue.
DESCRIPTION:
Request for modification of the previously approved
PUD master plan to remove a 14-acre parcel from the
master plan which was approved for a church,
Land Use Plan AmendmentlRezoninq
2.
PROJECT:
First Baptist Church of Boynton Beach
AGENT:
Ellen Smith, Unruh, Smith and Associates
LOCATION:
One quarter mile north of the intersection of S.W, 8th
Street and Woolbright Road on the west side of S.W.
8th Avenue.
DESCRIPTION:
Request for zoning and master plan approval to
construct a 120-bed nursing home, a 60-bed
congregate living facility (CLF), and 67,500 square
foot medical office building on 14.18 acres of land, in
connection with a modification to the Woolbright Place
PUD and rezoning from Planned Unit Development
(PUD) to Planned Commercial Development (PCD).