AGENDA DOCUMENTS
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-380
Agenda Memorandum for
January 3, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. HeYden~~
Planning and Zoni~Director
DATE: December 28, 1994
SUBJECT: Sausalito Groves (a.k.a. - Epstein property)
Annexation/Land Use Amendment/Rezoning - second reading
of ordinances
please place the above referenced items on the January 3, 1995
City Commission meeting agenda under Legal - Ordinances, Second
Reading.
DESCRIPTION: At the December 20, 1994, City Commission meeting,
a public hearing for the change in the zoning application from
R-1 to PUD for Sausalito Groves, requested by the applicant, was
held, as well as first reading of the ordinances to annex, amend
the future land use and rezone. The requests were approved on
first reading, subject to the fourteen (14) minor conditions
listed on page 4 of Planning and zoning Department Memorandum No.
94-370, dated December 15, 1994. The applicant has agreed to the
conditions and the rezoning ordinance has been modified to
incorporate these conditions, as Exhibit "B".
RECOMMENDATION: staff recommends approval of these ordinances
for second reading.
tjh
Attachments
A:SGrvOrd2
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-370
Agenda Memorandum for
December 20, 1994 city Commission Meeting
FROM:
Carrie Parker
City Manager~
~~
.J<- .,J
~J. J. e e .'
Planning and Zoning Director
TO:
DATE:
December 15, 1994
SUBJECT:
Sausalito Groves (Epstein Property)
ANNX 94-003, LUAR 94-003
(Annexation, Land Use Amendment/Rezoning)
Please place the above-referenced rezoning request on the
December 20, 1994, City Commission agenda under Public Hearings
and place the Sausalito Groves annexation, land use amendment and
rezoning ordinances under Legal, Ordinances - First Reading.
NATURE OF REOUEST
This is a request to rezone a 31.517 acre parcel of land located
approximately 632 feet west of the intersection of Gateway
Boulevard and Lawrence Road and approximately 412.95 feet north
of the intersection of Gateway Boulevard and Lawrence Road (see
attached location map - Exhibit "A"). The property is currently
in unincorporated Palm Beach county, but is in process for
annexation into the City.
The current County land use and zoning are HR/8 (High Residential
- maximum density eight dwelling units per acre) and RM (Multi-
family Residential). The proposed land use is Moderate Density
Residential, allowing a maximum gross density of 7.26 dwelling
units per acre. The proposed zoning is PUD, Planned Unit
Development, with an LUI (land use intensity) of 5.00. The
zoning category originally proposed was R-1, single-family
Residential, allowing a net density of 7.26 dwelling units per
acre (see attached Exhibit liB" for original staff report dated
June 10, 1994, which among other things, describes the adjacent
land uses) .
BACKGROUND
As part of phase II, group I of the City's annexation program
which included the Palm Beach Groves, Knollwood Groves, Heartland
Health Care Center and Greentree Plaza I properties, Sausalito
Groves was reviewed by the Commission for land use amendment and
rezoning on June 21, 1994 for transmittal to the Department of
Community Affairs (DCA). At the June meeting, the property
owner's representative stated that they objected to the proposed
R-1, Single-family Residential, zoning designation, as it would
not allow duplexes to be built and therefore, disregarded their
Palm Beach county approval for a 164 duplex unit (82 residential
bUildings) project. Palm Beach County's approval was received in
May of this year to better market the property for sale.
At the June meeting, staff pointed out that the R-1 zoning
district was selected to honor the property owner's Palm Beach
County density approval of 5.2 dwellings per acre. Staff also
pointed out that the only City zoning category that would allow
both the density and duplexes desired was PUD, Planned Unit
Development, which requires a master plan to be approved as part
of the zoning. It was agreed that a PUD rezoning application and
master plan would be sUbsequently filed by the applicant to
rezone the property to PUD, after the R-1 zoning was approved.
The applications, as presented at the June meeting, were
transmitted to DCA. After receiving a favorable response from
TO: Carrie Parker
-2-
December 15, 1994
DCA, adoption at first reading of the ordinances for annexation,
land use amendment and rezoning was scheduled before the
commission on October 3, 1994. At that Commission meeting,
action on the Sausalito Groves ordinances was tabled and
continued to be tabled until December 6, 1994, when it was
stricken from the agenda. Action was tabled due to the property
owner objecting again to the proposed zoning to R-1. While the
applications were being reviewed by DCA, an application for
rezoning to PUD was not received by the City and the property
owner had entered into a purchase contract with a developer who
wished to develop the property for duplexes. The developer is
Four Waves Enterprises, Inc. who is currently building Princeton
Place within the Windward PUD - scheduled for annexation public
hearings next month.
Since october, staff has met with the developer, the property
owner's attorney and the developer's land planner to reach a
compromise relative to the zoning of the property and to ensure a
level of comfort with the concept of a duplex project. To that
end, staff initiated readvertising and renotification to property
owners within 400 feet of the Sausalito Groves development (the
developer has agreed to pay for the cost of readvertising and
renotification) and offers the attached PUD master plan for
Commission consideration (see attached Exhibit "B").
ANALYSIS
The attached master plan drawings, originally approved by Palm
Beach County, have been revised by the applicant to include
master plan information required by the City and to comply with
City regulations and other area PUD's within the City, to the
greatest extent possible, without decreasing the density approved
by the County.
MINIMUM LOT SIZE, SETBACKS, AND LOT FRONTAGE - There are no
minimum lot sizes, setbacks or frontages for PUDs. Each PUD is
evaluated separately and such development restrictions are
established by submitting a master plan. The minimum lot size
proposed for Sausalito Groves is 4,400 square feet. The smallest
PUD lot size approved to date, within the City, is 4,000 square
feet and was recently approved for the Boynton Nurseries PUD,
immediately north of Sausalito Groves. The City's duplex zoning
district (R-2) requires 4,500 square feet.
The front building setback proposed is 15 feet (20 feet to the
garage to provide a driveway that will satisfy the City's parking
space requirements). This is the same front setback approved for
Boynton Nurseries. The rear building setback proposed varies,
but is no less than 12.5 feet. Boynton Nurseries was approved
for no less than 10 feet. The minimum side setback is 7.5 feet;
10 feet is required in the R-2 district. The Lawrence Lake
approval allowed a side setback of no less than 7.5 feet; Boynton
Nurseries was approved at 10 feet. Regarding screened
enclosures, the side setback will be no less than 7.5 feet and
the rear setback no less than 5 feet. This is similar to Boynton
Nurseries.
The City's PUD regulations do require that the setbacks for the
PUD perimeter lots abutting another zoning district shall be the
same as required in the abutting zone. The master plan complies
with this requirement, with two exceptions, along the west PUD
boundary, which abuts the Royal Manor mobile home park where the
rear setback is 25 feet; Sausalito Groves is proposing 15 feet.
The second exception is along the southeast PUD boundary, which
abuts 11 homes on 1/2 acre lots on Floral Drive, where the rear
setback of the north lots is no less than 125 feet and the side
setback is 25 feet. Here Sausalito Groves is proposing 15 feet.
TO: Carrie Parker
-3-
December 15, 1994
The PUD regulations also state that the setback for the PUD
perimeter lots abutting a public right-of-way shall be the same
as the front setback required in the zoning district the PUD most
closely resembles. This would be the R-2 district which requires
a 25 foot front setback. Sausalito Groves is proposing a 25 foot
setback from the public rights-of-way (Lawrence Road and Gateway
Boulevard) .
RECREATION FACILITIES - Sausalito Groves is planning to provide
private recreation to receive half credit towards the City's
parks and recreation dedication requirement. The balance will be
satisfied in fee equal to an amount equivalent to the value of
1.48 acres. The five private recreation amenities will be a
clubhouse, pool, tennis courts, shuffleboard court and picnic
area geared to an adult market. The City has a minimum size for
each of these amenities which Sausalito Groves meets with the
exception of the shuffleboard court and swimming pool. Parking
is also required and provided, with a deficiency of one parking
space.
STREETS - Fifty foot wide rights-of-way are proposed which will
be private due to secured entrances. The project entrance off of
Lawrence Road is shown to have a gatehouse and the entrance off
of Gateway Boulevard is shown to have a card gate. The rights-
of-way taper out to 80 feet wide at the secured entrances. This
is acceptable, provided they are security code activated systems
for 24 hour access by police and fire personnel.
The street pavement widths shown are 20 feet; the City requires a
minimum of 22 feet. Street lights will be provided. Although a
cross-section is not provided, fifty foot wide rights-of-way are
adequate to provide swales for pretreatment of drainage, required
by the City, and sidewalks which are proposed on both sides of
the street. A sidewalk will also be provided on Lawrence Road
along the project frontage, as required. It is uncertain at this
time whether water and sewer will be within the right-of-way or
within an easement along the front of the lots. Cul-de-sac sizes
are adequate for fire and sanitation vehicles and limited access
easements are proposed along the PUD street frontages, as
required.
TRAFFIC - A copy of the traffic study submitted to Palm Beach
County in April was provided to staff yesterday. It indicates
that no additional trips will be generated beyond what the
property was vested for under a previous approval and is
concurrency exempt. It also states that no additional turn lanes
at the project entrances or internal roadway intersections are
warranted. However, it is not known whether Palm Beach County
required additional turn lanes for safety reasons. staff is in
the process of getting that information from Palm Beach county.
LANDSCAPING/BUFFERS - The property is currently an old orange
grove. Tree preservation is proposed where determined feasible
by the City Forester at time of preliminary plat approval (the
next step in the process after annexation). Littoral zone
plantings are proposed around the water management tract, as
required. Perimeter PUD buffers and buffers along public and
private rights-of-way are proposed. These buffers are proposed
within easements and not within a separate tract as was approved
for Boynton Nurseries and Woolbright Place. However, one
difference is that these buffers are not separate from required
rear setbacks.
The buffers along the private rights-of-way will be ten feet
wide. The buffers along the public rights-of-way will be fifteen
feet wide (increased from ten feet at the request of staff) with
a six foot high wall, trees planted 30 feet on center and a
hedge. The buffers along Royal Manor mobile home park and
Boynton Nurseries are five feet wide with trees planted 30 feet
TO: Carrie Parker
-4-
December 15, 1994
on center and a hedge. The buffers along the Floral Drive lots
are five feet wide with trees planted 30 feet on center, to
include a five foot high chain link fence with a hedge
(integrated fence/hedge combination proposed at the request of
staff) .
RECOMMENDATION
The developer has worked diligently with staff to produce the
proposed master plan. In the spirit of compromise to further the
goals of the City's annexation program, the Planning and zoning
Department recommends approval of the attached Sausalito Groves
master plan for rezoning to PUD, subject to the following
conditions which shall be noted on four sets of revised master
plan drawings, prior to preliminary plat submission:
1. Indicate that the existing rights-of-way for Gateway
Boulevard and Lawrence Road are consistent with the ultimate
right-of-way, since the right-of-way dedication is complete.
2. Secured entrances shall install a security code activated
system.
3. Site plan approval shall be required for the private
recreation area, security system, common area landscaping,
buffers, and project signage.
4. Delete reference to "pad area".
5. Safe corners shall comply with Appendix C - Subdivisions,
Platting, Article X, Section 7 of the City's Code of
Ordinances.
6. Additional turn lanes shall be provided at project entrances
if Palm Beach county required them as part of their approval
of the project.
7. The number of recreation parking spaces required is 25.12
(i.e. - 26) and provided is 25.
8. Street pavement width shall be a minimum of 22 feet on all
internal rights-of-way.
9. Correct the dimension of the front, minimum building setback
of 15 feet, so it corresponds to the details and chart
provided.
10. Indicate that the landscape buffer easement on the perimeter
lot detail is five feet and add lot 92 to those identified
as perimeter lots.
11. Add lots 1, 20, 84 and 86 to those identified as right-of-
way lots. (Lots 1 and 84 are also corner lots and lots 20
and 86 are also perimeter lots.)
12. Add lots 124 and 125 to those identified as corner lots.
13. Indicate that the three foot easement on each lot is for
drainage and maintenance of the building overhang.
14. Provide a survey of the property.
tjh
Attachments
xc: Central File
A:SausGRez
EXHIBIT "A"
NOTICE uF
NOTICE
LAND USE
OF ZONING
CHANGE
CHANGE
The city of Boynton Beach proposes to annex, change the use of
land, and rezone the area shown on the map in this advertisement.
A public hearing on these proposals will be held before the city
Commission on December 20, 1994 at 7:00 P.M or as soon thereafter
as the agenda permits. This public hearing will be held in the
City Commission Chambers in the City of Boynton Beach City Hall at
100 East Boynton Beach Boulevard, Boynton Beach, Florida.
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PLANNING AND
ZONING OEPT.
BOYNTON CANAL C-16
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OLD BOYNTON ROAD
PETITIONER:
LOCATION:
Maurice Epstein, Trustee
31.34 acres at the northwest corner of
Lawrence Rd and NW 22nd Avenue (Gateway Blvd.)
ANNEXATION: Ordinance No. 094-38 (proposed)
AMEND FUTURE LAND USE PLAN:
~
From - HR/8 High Residential 8 (County)
To - Moderate Density Residential (City)
REZONE:
From - RM-SE Multi-Family Residential (County)
To - PUD Planned Unit Development (City)
REQUEST:
REQUEST:
REQUEST:
A copy of the app:'icationSL - 9nnexation, land use pl~ amendment,
and rezoning, and the legal descriptions are available for review
by the public in the Planning and zoning Department and in the
Office of the City Clerk.
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 and Development Board and City
Commission with respect to any matter considered at these meetings
will need a record of the proceedings and for such purposes, 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
CITY OF
IICMC/ME
M. KRUSE, CITY CLERK
BOYNTON BEACH, FLORIDA
"".2~t'ITNI"'.AD
PUBLISH: BOYNTON BEACH NEWS
DECEMBER 2 and 13, 1994.
c: City Mgr, City Attorney, City Commission, Planning, Files
EXHIBIT "B"
(
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-169
TO:
Chairman and Members,
Planning and Development Board
Tambri J. HeYden,~kt
Planning and Zoning Director
l7uU ~, 7L--b
Michael W~-~pf,
Senior Planner
THRU:
FROM:
DATE:
June 10, 1994
SUBJECT:
Epstein Propertyjsausalito Groves (Application #3)
Annexation Program, Group 1 of Phase 2
Applications for Annexation, Land Use Amendment/Rezoning
INTRODUCTION
Following the annexation of Group 1, Phase 1 (enclaves), the City
Commission directed staff to, in addition to continuing efforts to
annex the enclave properties, increase the focus on Phase 2 of the
annexation program beginning with the annexation of those eligible
properties located within the service area, immediately west of the
City. Eligible properties are defined as those contiguous
properties whose owners have consented to being annexed. The!
Epstein Property, which is managed by Maurice Epstein, Trustee,-ls I
'one of -rIve. elIgIble properties (see location map).
The subject property is undeveloped, and based upon the existence
of fruit trees, may have once been used as a commercial citrus
grove. However, three different development proposals have been
approved for this site by Palm Beach county, beginning with a plan
for 210 garden apartments in 1983. Subsequent proposals have
included a mobile home park and ACLF in 1989, and most recently
(May 1994), a plan for 164 duplexes.
All five (5) property owners were sent two separate notices (in
addition to the official rezoning/public hearing notice) informing
them of the City's annexation plans. In response to these notices,
representatives from Kilday & Associtates, who represent the
property owners, contacted staff and confirmed that these notices
had been received.
All five (5) applications consist of an application for annexation
and land use plan amendment/rezoning. As this property is being
annexed in accordance with the city's annexation program, staff has
completed the necessary applications, and the corresponding
application fees were waived.
The specific analysis for these applications is on the following
page and in the form of an abbreviated summary. This summary
includes a brief outline describing each property, each
application, adjacent land uses, the availability of facilities,
the basis on which each is found consistent with the Comprehensive
Plan, other pertinent information, and staff's recommendation. A
location map follows this analysis.
1
APPLlCATIO'/ 113 - EPSTEIN PROPERTY/SAUSALlTO GROVES
" SIZE:
31.34 acres
LOCATION:
Northwest corner of Lawrence Road and Gateway Boulevard.
" EXISTING LAND USE:
PROPOSED lAND USE:
HR8 High Residential 8 (8 du/acre)
Moderate Density Residential (7.26 du/acre)
EXISTING ZONING: RM-SE Multi-Family Residential-5~ei&i-E~ee~ieft (6 du/acre)
o (recent action has relinquished the Special Exception)
PROPOSED ZONING: R-1 Single Family Residential (5.58 du/acre gross)
CURRENT USE: Undeveloped
PROPOSED USE: Residential (see "Other" below)
. ADJACENT LAND USES:
LAND USE
North: L-21 Canal
Farther N. : Boynton Nurseries LOR
East: Lawrence Road
Farther E. : Lawrence Lake PUD LOR
South: Single family LR2
Farther S. : Gateway Boulevard
Royal Manor M.H. Park MR8
West: Royal Manor M.H. Park MR8
ZONING
PUD
PUD
AR
AR
AR/RS-SE
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Consistency with the Future Land Use Plan - Consistent
.. The Comprehensive Plan Future Land Use Map does not recommend land use designations for
unincorporated properties west of Lawrence Road. Therefore, in selecting a land use
classification, staff considered densities of adjacent developments, Palm Beach
County's land use and zoning classifications, and specifically, the density of the
current development plan for the subject property. The County's land use and zoning
clesignations for the surrounding area have maximum densities which range between 5 and
8 dwelling units per acre. Furthermore. the density of the approved development plan
for this property is 5.2 dwelling units per acre. In order to maximize consistency
with the County's allowable densities, staff recommends the Moderate Density
Residential classification which has a maximum density of 7.26. Staff proposes to
amend the Future Land Use map to show this annexed property as Moderate Density
Residential.
Consistency with the goals, objectives, and policies - Consistent
Since the proposed land use is consistent with surrounding land uses, and annexation
of this property would be consistent with State law, there are few objectives or
policies related to this request. However. there are several issues that should be
addressed. as they describe characteristics of this site, further indicate consistency
with the Comprehensive Plan, and/or fulfill requirements of the Florida Department of
Community of Affairs with respect to the review of plan amendments.
Annexation
.. This request for annexation, which is in accordance with the City's annexation program
established pursuant to Policy 8.10.4, is consistent with Florida Law. Although one
small enclave will be created by this annexation, staff will recommend that this
enclave, which is less than 10 acres, be annexed through an interlocal agreement with
Palm Beach County. It should be noted that this action was also recommended by the
County as part of their review of this proposed annexation.
Availabilitv of Facilities
Florida Administrative Code requires that the availability of, and impact upon public
facilities be analyzed. The appropriate analysis for each facility has been conducted,
and the results are summarized as follows:
Roads: No impact upon the availability of road facilities.
Water/Sewer: No impact upon the availability of water/sewer facilities.
Solid Waste: No impact upon the availability of solid waste facilities.
Recreation: No impact upon the availability of recreation facilities.
Drainage: No impact upon the availability of drainage facilities.
ImDact UDon Historical/Archeological Resources
Not applicable
2
Imoact UDon Native Habitats or other EnvirolUIIC'ntal Resources
Not applicable
Flood Zone: "B"
· Consistencv with the Palm Beach Countv Comprehensive Plan
Based upon maximrnn densities allowed, the proposed designation represents a slightly
more restrictive land use classification than the County's current designation.
OTHER
· The current development proposal consists of 164 duplex units built at a gross density
of 5.2 dwelling units per acre. Based strictly on density, staff is proposing the R-1
Single Family Residential zoning district, which allows a maximum gross density of
5.58. However, it should be noted that the R-l district is limited to single family
dwelling units. Furthermore, it should also be noted that staff was originally aware
of an approximate density to be proposed for this site; however, zoning and site plan
approval for duplex units was considered by Palm Beach County after the R-1 district
was selected by staff and legal notices were mailed.
RECOMMENDATION
. The Planning and Zoning Department recommends that these applications submitted in
connection with the Annexation Program be approved based, in part, on the following:
1. The subject property is contiguous to the corporate limits;
2. The subject property lies within the City's Reserve Annexation Area;
3. The annexation of this property is consistent with the City's Annexation Program;
4. The proposed land use amendment is consist.ent with the goals, objectives and
policies of the Comprehensive Plan.
ANX2:AXP2Gl#3.REP
3
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-182
TO: Carrie Parker,
City Manager
FROM: Tambri J. Heyden, ~~
Planning and Zoning Director
DATE: June 16, 1994
SUBJECT: Epstein Property - Application #3 (File No. 94-003)
Annexation Program, Group 1 of Phase 2
Applica:ions for Annexation, Land Use Amendment/Rezoning
Please place the above-referenced item on the City Commission
agenda for June 21, 1994 under Public Hearing.
DESCRIPTION: The Epstein Property (a.k.a. Sausalito Groves) which
is located on the northwest corner of Lawrence Road and Gateway
Boulevard is undeveloped and has been the site of three different
development proposals approved by Palm Beach County. The most
recent action consists of zoning approval and a plan for 164
duplexes which was processed by Kilday & Associates, agent for the
owner. This property is being proposed to be annexed in accordance
with the respective agreement for water service and annexation.
with respect to property owner opinion, the agents have indicated
that they would not oppose annexation as long as this process would
not affect their current efforts to plan the development of this
property. However, this approved plan would not comply with the
regulations of the proposed zoning district (R-1) as only single-
family units are permitted within this district. The R-1 Single
Family Residential district is being recommended as it is the
district most consistent with the Comprehensive Plan recommendation
for Planning Area #9, which limits this area to a maximum density
of 5 dwelling units per acre (the maximum gross density of the R-1
District is 5.58), and is consistent with the density of the
proposed project which is 5.2 dwelling units per acre. If it is
desirable by the City to annex this property and recognize the
approved plan, staff would recommend that the owners ultimately
request a rezoning to Planned Unit Development (PUDI. Since the
PUD zoning district is not restricted to a given density or
dwelling unit type, this zoning would conform to the proposed land
use classification, Moderate Density Residential, and therefore
prevent the need for a second amendment to the Future Land Use
Plan.
Based on the Comprehensive Plan and the surrounding land use
patterns, staff proposes that this property be shown on the Future
Land Use Plan as Moderate Density Residential, and rezoned to R-1
Single Family Residential.
RECOMMENDATION: The Planning and Development Board unanimously
recommends approval of this Plan amendment and rezoning.
TJH:mr
Att.
ANI2:AXP2G183.AGH