LEGAL APPROVAL
ORDINANCE NO.~90-7~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
_REGARDING TARA OAKS P. U. D. (SOUTH OF
L. W. D. D. CANAL L-25 AND NORTH OF
L.W.D.D. CANAL L-26 AND STARTING OAT THE
NORTH SOUTH 1/4 SECTION LINE OF SECTION
30 CONTINUING FOR A DEPTH OF 347.30'
EAST), AMENDING ORDINANCE 89-38 OF SAID
CITY BY AMENDING THE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND DESIGNATION IS
BEING CHANGED FROM LOW DENSITY
RESIDENTIAL (LDR) TO MEDIUM DENSITY
RESIDENTIAL (MeDR); PROVIDING A SAVINGS
CLAUSE; PROVIDING REPEALING PROVISIONS;
PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Land Use Plan and
as part of said Plan a Land Use Element by Ordinance No.
89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc.,
agent for John Lambert Van Hezewyk and Anita Louise Van
Hezewyk the owners of the following property, has heretofore
requested the above mentioned Land Use Element Amendment;
and
WHEREAS, the procedure for amendment of a 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 Land Use Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Land Use of the following described land shall
be designated as Medium Density Residential.
Said land is
more particularly described as follows:
Tracts 121, 104 and 89 less the west
25.0 feet thereof; Tracts 90, 103 and
122 less the east 260.0 feet thereof;
Tract 72 less the north 60.0 feet and
less the west 25.0 feet thereof; Tract
71 less the north 60.0 feet and less the
east 260.0 feet thereof; all being a
portion of Palm Beach Farms Company Plat
No.8, recorded in Plat Book 5, at Page
73, Public Records of Palm Beach County,
Florida.
Containing 20.16 acres, more or less
(gross and net).
Also described as follows:
A parcel of land in Section
45 south, range 33 east,
County, Florida, being more
described as follows:
30, Township
Palm Beach
particularly
Commencing at the south quarter corner
of said section run thence north 010 10'
26" east along the north-south quarter
section line 40.0 feet; thence east 40.0
feet to the point of beginning of the
herein described parcel; thence continue
east 351.64 feet; thence north 010 04'
28" east 2513.64 feet, to a point in the
south right-of-way line of Lake Worth
Drainage District Canal L-25 as same is
recorded in Official Record Book 2063,
at Page 1416, Public Records of Palm
Beach County, Florida; thence south 890
49 I 00" west, along said right-of-way
line 347.30 feet to the easterly
right-of-way line of a road right-of-way
as is recorded in Official Record Book
2075, at page 572, Public Records of
Palm Beach County, Florida; thence south
010 10 I 26" west, along just said
right-of-way line 2512.61 feet to the
point of beginning.
Containing 20.16 acres, more or less,
(gross and net).
Section 2:
That any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan 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
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 5:
This Ordinance shall become effective
immediately upon passage.
~ day of December, 1990.
FIRST READING this
SECOND, FINAL READING and PASSAGE this / f day of
December, 1990.
IDA
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Vice Mayor
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Commissioner
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~ssioner
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ATTEST:
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C it' r Dcfu:'t'l
(CQrporate Seal)
LANDUSE6.DOC
11/30/90
NOTICE L F LAND USE CH/--\1GE
NOTICE OF ZONING CHANGE
The city of Boynton Beach proposes to change the use of land and rezone
the land with~n the area shown in the map in this advertisement.
A public hearing on these proposals will be held before the City
Commission on December 18, 1990, at 6:00 P.M. or as soon thereafter as
the agenda permits, at City Hall in the Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida.
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APPLICANT:
AGENT:
OWNER:
PROJECT NAME:
PROPOSED USf:
LOCATION:
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Bill R. Winchester
Kilday & Associates
John Lambert Van Hezewyk & Anita Louise Van Hezewyk
Tara oaks
Planned Unit Development (PUD) consistlng of 192
multi-family residential units and a church
A 20.16 acre parcel located at the east side of Knuth
Road extended south, between L.W.D.D. L-25 & L-26 Canals
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REQUEST:
Amend Future Land Use Plan:
F~om - Low Density Residential
To - Medium Density Residential
Rezone:
From - PUD w/LUI=4
To - PUD w/LUI=5
A copy of the proposed comprehensive plan amendment and rezoning request
is available for review by the public in the city's planning Department.
All interested parties are notified to appear at said hearings in person
or by attorney and be heard. Any person who decides to appeal any
decision of the city Commission with respect to any matter considered at
these meetings will need a record of the proceedings and for such
purpose, may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the
appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: December 13, 1990
I'
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
~o have a Legal Notice or Legal Advertlsement Published and must
be,submitted to the Office of the City Attorney 8 working days
prlor to the first publishing date requested below.
ORIGINATING DEPARTMENT: PLANNING
MICHAEL W. RUMPF
DATE PREPARED:
11-21-90
PREPARED BY:
BRIEF DESCRIPTION OF NOTICE OR AD:
LAND USE ELEHENT AMENDMENT ,'AND
REZONING OF PROPERTIES (TARA OAKS PLANNED UNIT DEVELOP~lliNT) .
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement Black Bord~r ~t~)
THE AD MUST OCCUpy NOT LESS THAN oNE-~UA~~ OF A STANDARD NEWSPAPER
PAGE. THE HEADLINES MUST BE NOT LESS THAN EIGHTEEN POINT LETTER SIZE.
PLACE AD IN "LOCAL NEWS" SECTION AND NOT IN THE CLA::l::lH'.lt;USECTION OR
LEGAL SECTION. IF MAP IS REDUCED STREET NAMES ON MAP MUST BE LEGIBLE.
AN EXTRA COPY OF THE ACTUAL MAP IS ATTACHED FOR THE NEWSPAPt;~.
SEND COPIES OF AD TO: NEWSPAPER, PLANNING DEPT., CITY ATTORNEY
NEWSPAPER(S) TO PUBLISH: PALM BEACH POST
DATE(S) TO BE
PUBLISHED:
DECEMBER 13, 1990
APPROVED BY:
( 1 ) ~Dr~_p~~t He~
lob} It'
(D. tefl
( 2 )
.(City Attorney)
(Date)
I 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLET~D:
ORDINANCE NO.~90-;7~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING TARA OAKS PIT. D., (SOUTH OF
L.W.D.D. CANAL L-25 AND NORTH OF
L.W.D.D. CANAL L-26 AND STARTING AT THE
NORTH SOUTH 1/4 SECTION LINE OF SECTION
30 CONTINUING FOR A DEPTH OF 347.30
EAST), AMENDING ORDINANCE NO. 80-19 OF
SAID CITY BY REZONING A CERTAIN PARCEL
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM PUD_ (PLANNED UNIT
DEVELOPMENT) WITH A LAND USE INTENSITY
OF 4.0 TO PUD (PLANNED UNIT DEVELOPMENT)
CITY OF Bo:d~'l'ON BEACH, WITH A LAND USE
INTENSITY OF 5.0; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING THAT
ALL DEVELOPMENT OF SAID PROPERTY SHALL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19,
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Kilday & Associates, Inc., agents for John
Lambert Van Hezewyk and Anita Louise Van Hezewyk, the
property owners, has heretofore filed a Petition with the
City of Boynton Beach, Florida, pursuant to Section 9 of
Appendix A-Zoning, of the Code of Ordinances, City of
Boynton Beach, Florida, for the purpose of rezoning a
certain parcel of land consisting of approximately 20.16
acres located within the municipal limits of said City, said
property being more particularly described hereinafter, from
PUD with a land use intensity of 4.0 to PUD with a land use
intensity of 5.0. and
WHEREAS, the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
The following described land, located in
the City of Boynton Beach, Florida, to-wit:
I
Tracts 121, 104 and 89 less the west
25.0 feet thereof; Tracts 90,103 and
122 less the east 260.0 feet thereof;
Tract 72 less the north 60.0 feet and
less the west 25.0 feet thereof; Tract
71 less the north 60.0 feet and less the
east 260.0 feet thereof; all being a
portion of Palm Beach Farms Company
Plat No.8, recorded in Plat Book 5, at
Page 73, Public Records of Palm Beach
County, Florida.
Containing 20.16 acr~s, more or less
(gross and net).
Also described as follows:
A parcel of land in Section
45 south, range 33 east,
County, Florida, being more
described as follows:
30, Township
Palm Beach
particularly
Commencing at the south quarter corner
of said section run thence north 010 la'
26" east along the north-south quarter
section line 40.0 feet; thence east 40.0
feet to the point of beginning of the
herein described parcel; thence continue
east 351.64 feet; thence north 010 04'
28" east 2513.64 feet, to a point in the
south right-of-way line of Lake Worth
Drainage District Canal L-25 as same is
recorded in Official Record Book 2063,
at Page 1416, Public Records of Palm
Beach County, Florida; thence south 890
49' 00" west, along said right-of-way
line 347.30 feet to the easterly
right-of-way line of a road right-of-way
as is recorded in Official Record Book
2075, at page 572, Public Records of Palm
Beach County, Florida; thence south 010
10' 26" west, along just said
right-of-way line 2512.61 feet to the
point of beginning.
Containing 20.16 acres, more or less,
(gross and net).
be and the same is hereby rezoned from PUD with a land use
intensity of 4.0 to PUD with a land use intensity of 5.0.
Section 2:
That the aforesaid Revised Zoning Map of
the City 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
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 5:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this
d
day of
,.2!E('?&/rI13E /.?
'-
1990.
SECOND, FINAL READING and PASSAGE this /~ day
of 276eG~~6~ ,1990.
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Vice Mayor
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Commissioner
/'~itA AI.:u (1;z;:;
Lto issioner
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Commissi ner
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, (CorporatC3 Seal)
REZONE6.DOC.
11/29/90
Arr-IDA'i1T
STATE OP FLORIDA
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GOUr~"'l or PALM !3E:ACIi
,r
DEFORE
HE
THIS
DA\'
PERSO!4ALLY
APPEARED
SWORn, DEPOSES AND GA.....S~
DEVRA NEWELL
,
WHO
BElue DULY
Tha~ the accompeny~ng Property Ovners L~5t ~s, to the
best 01 h~s/her knov~edge, a comp~ete and accurate 1~5~
01 ell property ovner'B, ma:i.~:i.ng addresE>es and prope:c "lj'
con"l:t"o~ number's as recorded ~n the .latest. C.):(:(~ci.al t.ax
rol.ls:in the Count)' Courthouse :lor al.l propert.y vi.t.tdrs
~ ~ < ~} 1eet o:! 't..he bel.o"," descr~Led parcel. c..f'
land. ,
400 feet
The property :in quest:ion :is legally deBcr~bed as :lol.luv~~
SEE ATTACHED LEGAL DESCRIPTION
FURTHER AFFIANT SAYETH NOT.
jtvWA- J;J Q
1::( r
Lq day of'
I~OTAfr.'Y SEAL
NOTARY PUBLIC. STATE: OF FLORIDA' ]
MY COMMISSION EXPIRES: SEPT. 17, j 99~ -,',I'
IiIIQNOE:D THRU NOTARY PUSLIC UNi..JERWRfTERiQ
-6-
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EXHIBIT "A"
Tracts 121, 104 and 89 less the west 25.0 feet thereof;
Tracts 90, 103 and 122 less the East 260.0 feet t:o..3rcof;
Tract 72 less the north 60.0 feet and less the Wes t: 25.0
feet thereof; Tract 71 less the North 60.0 feet and lc~GS the
East 260.0 feet thereof; All being a portion of Pal~ Beach
Farms Company Plat No.8, recorded in Plat Book 5, ~t page
73, Public Records of Palm Beach County, Florida.
Containing 20.16 acres, more or less (gross and net)
Also described as follows:
A parcel of land in Section 30, Township 45 south,
Range 33 east, Palm Beach County, Florida, being more
particularly described as follows:
Commencing at the south quarter corner of said section,
run thence north 01010'26" east along the north-south
quarter section line 40.0 feet; thence east 40.0 feet to the
point of beginning of the herein 'described parcel; thence
continue east 351.64 feet; thence north 01004'28" east
2513.64 feet, to a point in the south right-of-way line of
Lake Worth Drainage District Canal L-25 as same is recorded
in Official Record Book 2063, at page 1416, Public Records
of Palm Beach County, Florida; thence south 38049'00" west,
along said right-of-way line 347.30 feet to the easterly
right-of-way line of a road right-of-way as is recorded in
Official Record Book 2075, at page 572, Public Records of
Palm Beach County, Florida; thence south 01010'26" west,
along just said right-of-way line 2512.61 feet to the point
of beginning.
Containing 20.16 acres, more or less (gross and net).
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PROPOSED AMENDMENT TO "LAND USE PROBLEMS AND OPPORTUNITIES"
SECTION OF FUTURE LAND USE ELEMENT TO ACCOMODATE TARA OAKS
PROJECT
8.k. Twenty-Acre Parcel along East.Side of Knuth Road Between
L.W.D.D. L-25 and L-26 Canals. ' .
This area is adjacent to two multi-family projects which lie to
the east, as well as single-family detached projects which lie
to the southeast, to the west, and to the north. Due to its
size, shape, and location, this area is arguably suitable for
multiple-family dwellings, and should therefore be placed in the
Medium Density Residential land use category. However, in order
to ensure that the de'Jelopment of this area is compatible with
surrounding single-family subdivisions, development of Area 8.k.
for multiple-family dwellings shall be subject to the following
conditions:
(1) The height of bUildings shall be limited to 2 stories and to
30 feet; and
(2) A minimum 40 foot building setback, and a 25 foot wide buffer
with a berm and vegetative screening shall be provided along the
northern boundary of this area; and
(3) The portion of this area which lies to the south of S.W.
Congress Boulevard extended shall be limited to recreation
facilities, open space, and water management tracts to serve the
project, as well as places of worship. Also, since this area
contains habitat for gopher tortoises (Gopherus polyphemus),
which are protected by state law, any gopher tortoises which are
found in Area 8.k. shall be relocated to this open space, to the
maximum extent permissible by State laws and regulations.
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., "0.262228
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the
map in this advertisement.
A public hearing on these proposals will be held before the Planning & Zoning Board on June 12, 1990, at 7:30
P.M. at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the City Commission on June 19, 1990, at 6:00 P.M.
Of' as soon thereafter as, the agenda permits, at City Hall in the Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
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Bill R. Winchester
Kilday & Associates
John Lambert Van Hezewyk & Anita Louise Van Hezewyk
Tara Oaks
Planned Unit Development (PUD) consisting of 192 multi-family residential ~nits and a church
East Side of Knuth Road extended south, between loW.D.D. L-25 & L-26 Canals
AMEND THE FUTURE LAND From - Low Density Residential
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN To - Medium Density Residential
REZONE: From. PUD w/LUI=4
To. PUD w/LUI=5
A copy of the proposed comprehensive plan amendment and rezoning request is available for review by the public
in the City's Planning Department.
All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter
considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
APPLICANT:
AGENT:
OWNER:
PROJECT NAME:
PROPOSED USE:
LOCA TION:
REQUEST:
P~8L1SH: May ~7, June 3, 10, 1990.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYN..TON BEACH, flORIDA
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:.' " NO. 344420 "
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','. ::':J~~~l, ' " STATE"'i9~1,~'9"b~ 1~1~~;~ ''".r~~>yi~,:, ,.'
DEPARTMENT Of COMMUNI1Y'AFFAIRS'~"1:~i~!-ti ,-:'
NOnCE OF INTENT TO FIND THE ," ,e' :;~r~;~,~~~:'~, '.-
CITY OF BO~rrON BEACH :,r"'1:;;~~L~"
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COMPREHENSIVE PLAN AMENDMENTS IN COMPUANCE
I DOCKET NO. 9O.2.NOI.5005~(A).tll _
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. The Department gives notice of its intent to find the am'n(:lmen~s) to ~ ~pr.i . "
hensive Plan for City of Boynton Beach, adopted by Ordinance Nos. 090-69,090-72/:
090-7.4, 090-60, 090-66, Q9O-76, 09b-78 and 090-58 on December 18, 1990; IN .
COMPLIANCE, Pursuant to Sections 163.318.4 and 163,3187, F .~.
The adopted City of Boynton Beach Comprehensive Plan amendments and the
Department's Objections, Recommendations, and Comments Report, are available for
public inspection Monday through Friday, except for legal holidays, during normal
business hours, at the City Hall, Planning Department, 100 East Boynton Beach
Boulevard,&ynton Beach, Florida 33.435.
Any affected person, as defined in Section 163.318.4, F .S., has a right to petition
for an administrative hearing to challenge the proposed agency deten,nination that the
amendnients(s) to the City of Boynton Beach Comprehensive Plan are in compliance,
as defined in Subsection 163.318.4(1), F.S. The petition must be filed within twenty-:one
(21) days after publication of this notice, and must include all of the information and
contents described in Rule 9J-11.012(8), F.A.C. The petition shall be Filed with the
Agency Clerk, Department of Community Affairs, 27.40 Centerview Drive, Tallahassee,
Florida 32399-21 00. Failure to timely file a petition shall constituteawaiverofcinyright
to request an administrative proceeding as a petitioner under Section 120.57, F.S. If
a petition is filed, the purpose of the administrative hearing will.be to present evidence
and testimony and forward a recommended order to the Department. If no petition is
Filed, this Notice of Intent shall become final, agency action.
, .
If a petition is Filed, other affected persons may petition for leave to intervene in the
proceeding. A petition for intervention must be filed at l8?st ~ve (5) days before the ~naI
hearing and must include all of the information and contents described in Rule 221-
6.01-0, F.A.C. A petition for leave to intervene shall be filed at the Division of
Administrative,Hearings, Department of Administration, 1230 Apalochee Parkway,
Tallahassee, Florida 32399-1550. Failure to petition to intervene within the' allowed
time frame constitutes a waiver of any right such a person has to request a hearing under
Section 120.57, F.S., or to participate in the administrative hearing.
. ,
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-s-Robert G. Nave, Director
Department of Community Affairs
Division of Resource Planning
and Management
27.40 Centerview Drive
Tallahassee, Florida 32399-2100
~