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LEGAL APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE -'TV OF BOYNTON BEACH, FLOR....-' PROJECT NAME: Foster Farm PUD APPLICANT'S AGENT: Julian Bryan, Julian Bryan and Associates APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486 DATE OF RATIFICATION BEFORE CITY COMMISSION: February 16,1999 TYPE OF RELIEF SOUGHT: Master Plan Modification lOCA TION OF PROPERTY: North side of Minor Road, one-half mile west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 LHAS HAS NOT established by substantial competent eyidence 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 "C" 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 (,\\\\\\1" Ifll,,, ~",. 'I')I/.. ~~ tlo'{NTo... "0: ~~. ........... Y.A ~ ~ -' ..~CJo~{.. U"{9 ~ ~ 0 Id.J ~.\ 'Y ~ :::: ,).. :~ <::)'. () ~ ~~ ~~r i:l:~ ,~ ~ \ : ~ , City Clerk \ ......~../ $ ~ .... ... ~ J,ISHROATAlPlann'ngISHAREOIWPIPROJECTS\Fosters Mill PUDIMPMO 99-00110evelop Order-MPMO doc ~ t:" .... n ~ ~ ~//, LOR\V \\", 1111111/ 11\1 \ \ \ \ \\\ DATED: -:r/f?hp EXHIBIT "C" Conditions of Approval Project name: Foster Farm PUD (fka Foster Mill) File number: MPMD 99-001 Reference: The plans consist of I sheet identified as I st SubmittaL Master Plan Modification. File # MPMD 99-001 with a Januarv 12. 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. Place note on dumpster detail to indicate same. UTILITIES Comments: None X FIRE Comments: 2. No planting other than sod will be placed within 5 feet of a hydrant. Ch. X 9, Sec. 29. The entry gate will provide emergency access as determined by the Fire Marshal. - POLICE Comments: 3. None X ENGINEERING DIVISION Comments: 4. Change the name "FOSTER FARM P.U.D," to FOSTERS MILL A X P.U.D. [LDR Chapter 5, Article V, Section l.C.] 5. Add the street names to the plan. [LDR Chapter 5, Article V, Section X 1.c. ] 6. Update the "Site Data" and "Development Team Data" to reflect current X I information, . _.- -----------.------ Page 2 Foster Farm PUD (fka Foster Mill) File No.: MPMD 99-001 DEPARTMENTS INCLUDE REJECT I 7. Reflect the "Cut Comers" as shown on the plat document at the X intersections of the two cul-de-sacs with the main road. [LOR Chapter 5, Article V, Section I.e.] BUILDING DIVISION Comments: 8. Add the following notes to the master plan: X a. Site signage shall be subject to site plan review for compliance with the applicable codes and regulations. b. Fences located on common ground tracts shall be subject to the fence regulations specified in the Zoning Code with the exception that no side of a common ground tract shall be considered as a front 9. Show the location of both site signs by dimensioning on the master plan X the distance from the property lines to the leading edge of both signs. Note the minimum setback dimension allowed is ten (10) feet. 10. It is recommended that the sales trailer and model homes that are X illustrated on the master plan be removed. The sales trailer and model homes are currently being reviewed for permits or have been permitted through the Building Division. Sales trailers and model homes have I historically been processed as a minor site plan modification through the permit process and not shown on the master plan'. Removing them from the master plan will eliminate inconsistency in submittals and allow the master plan to illustrate actual conditions, not temporary conditions. 11. To protect adjacent lot owners from the activities of tot lot, it is X recommended that a ten (10 foot setback be established around the perimeter of the tract of land that contains the tot lot. The setback shall be referenced and shown on the master plan. The following note shall also be added to the master plan: No portion of the tot Lot plan equipment or ancillary structures shall be located within the ten-foot setback area. 12. All line changes marked on the current rectified master plan shall be X transferred to the new modified master plan. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST -------------- Page 3 Foster Farm PUD (tka Foster Mill) File No.: MPMD 99-00 I DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING I Comments: 13. Place note on plan indicating that where other than palm trees are placed X within easements, city must be provided with verification of consent from all utility easement occupants at time of individual permit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 14. None X ADDITIONAL CITY COMMISSION CONDITIONS 15. .:fa b~ dclt:nninetl. Ntt)l't/t ..,-/ J:\SHRDA T A \Plannmg\SHARED\ WP\PROJECTS\Fosters MIll PUD\MPMD 99-00 I \cond. of appr-MPMD revised 2-2.99,doc MWR/bme/dim ORDINANCE NO, 098-.,::;"9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, . REGARDING THE APPLICATION OF ROLAND E, FOSTER AND CElLA M, FOSTER AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AGRICULTURAL RESIDENTIAL (AR) IN PALM BEACH COUNTY TO PLANNED UNIT DEVELOPMENT (PUD LUI = 4,0); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No, 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Julian Bryan of Julian Bryan and Associates, Inc., agent ~ for Roland E. Foster and Ceil a 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 (AR) in Palm Beach County to Planned Unit Development (PUD LUI 4,0); 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 as set forth as follows: Ii '! The West 2/3 of the South " of the East ~ of the Northeast U of the Southwest U and the West 2/3 of the East ~ of the Southeast ~ of the Southwest U 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. be and the same is hereby rezoned from Agricultural Residential CAR) in Palm Beach County to Planned Unit Development CPUD LUI 4,0). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit~" is a copy of the conditions/requirements for this rezoning, which are incorporated herein, 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 I decision shall not affect the remainder of this Ordinance. I Section 5: This ordinance shall become effective immediately upon pass~ge. '.- - ~ )1, r " FOSTER PROPERTY PUD ANNEXATION. LAND USE AMENDMENT AND REZONING I L - , FIRST READING this 7 day of ......au.f/ ,1998, - SECOND, FINAL READING and PASSAGE this J/ day of o.../~~ " , Ii , I I ATTEST: i~fl'/Y4'~~M'. l.-- , I Ci Clerk .. I \\11\111111111"'1 ( ~",\ OVN1'~'/~~ I 9t9.1;)1 ~ I W~; l'J'oF!i"_ A'o ~ - .'cP ~\ ". ~ I ~ >- I;: "0" ..,. ~ == ,... i- : 0 :: - -. ,% = ~r\:Re,o~~(jst1 ~ ~ ..... ",/ ~ ~ ............ ~ ~//II ""LOR\O?-\~'-$' 11/11/1/111\\\11\\\ CITY OF BOYNTON BEACH, FI,.ORIDA l'~ I Mayor c-- ayor Pro Tem d<z-xt;- ! ~SSioner , \'ULLt't ~{.a.JLLt!^- Commissioner ,1998, .<.:.' "-~c.--~ ~ DEVELOPMENT ORDER -y OF BOYNTON BEACH, FLOR, - PROJECT NAME: Foster Property APPLICANT: Roland E. and Leila M, Foster APPLICANT'S AGENT: Julian Bryan APPLICANT'S ADDRESS: 756 SI. Albans Drive, Boca Raton, Florida 33486 DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: North of Miner Road between Lawrence Road and Congress Avenue DRAWING{S): SEE EXHIBIT "B' ATTACHED HERETO, THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2, The Applicant X HAS - HAS NOT established bY..$Ubstantial 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 ..1L 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 wiih the terms and conditions of this order, 7, Other DATED: ~"'M.Jor ~ /PP8 f/ City Clerk J:ISHRDA T AIPllnnlnglSHAREDIWP\ProjeCIIlFoater Property\LUARIOEVELOPMEHT ORDERdoc EXHIBIT" B" Conditions of Aooroval Project name: Foster Property File number: LUAR 97-003 Reference: Tne olans consist of 5 sheets identified as 2nd Review. Land Use AmendmentlRezonimz. File # LUAR 97,003 with a November 25 1997 PlanninlZ and ZoninlZ Deoartment date SlamD markinlZ . DEPARTMENTS . -- INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: I. 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.llD 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 OMSION , Comments: ~1 '( J,~.i), 3, Show a roadway section consistent with LOR, Chapter 6, Article IV, X -W WL"-k Section 10,B.&T. $rD teO", =c;;ori" I Ctl d 4. The cul-de-sac diameter shall be a minimum of 90 feet to the edge of the X wtL\.~ i..:s~G , pavement or curb line. [LOR Chapter 6, Article'IV, Section 10,0,] C~R 'p,,-, ~9 5, Provide a recent (6 months) fair market appraisal of the subject parcel to X (\~-.)-';_. ~)~"Q.s determine the required fee in lieu of land dedication for parks or 'P~oQ.. recreational facilities. [LOR Chapter I, Article V, Section 3.A.2.e.(4)] MA5L-"', YI...../"tJ The appraisal shall be submitted as pan of your final plat submission. ~lJ;.joJ......,)l, [LOR Chapter 5, Article V, Section I.] . 6. Required improvements (paving, drainage, water, sewer, etc.) to be X b1<-. reviewed at time of submittal for plat. [LOR Chapter 5, Article V, Section 2.A,I.] BUILDING DIVISION Comments: ~ ~~ ., ~ "- <(' ~ ~ '- .-' ., Page 2 Foster Property File No.: MPMD 97,003 DEPARTMENTS INCLUDE REJECT - . - . 7, Either remove the word "Gazebo" from general note number 6 found on X ' Jl If! the master plan or provide a perimeter setback for the passive park, water ~l)'-of"",( management tracts and buffers, It is recommended that the perimeter '-I' setback for the areas where a gazebo would be constructed be established S1,iJ,~II\~ at 10 feet. Reference same within note number 6, 8, Considering that the general notes identify, and the landscape plan shows X !~ .;:,/( other structures (such as site walls and trellises to be located within the ,",,~1 common area), remove the words, "trellis, playground equipment and tJo /.~~~ irrigation pump houses" from general note number 6 and add a new note (,:<'~ d~! stating, "other structures shall comply with the regulations specified in Chapter 2, Zoning, Section 4.1 of the city's Land Development Regulations", ~ f. 9, Add a general note to the master plan indicating that there shall be no X (1'1" building or any kind of construction placed within an easement without NO>> t,1'$ prior and proper written consent of all casement beneficiaries including ~{\~1,\4 . all applicable city approvals as required for such encroachment. ",t~ 10, To clarify the minimum lot frontage dimension, reword the minimum lot ~iY(.Qm ( X/:;,t'~\-' size data as follows: ''.3900 square feet (50' X 100', typical). Fifty foot S1.lY t\ll \~ '5 minimum lot frontage-measured at the 20 foot building setback line". 11. To ensure compliance with the maximum floor area ratio for the X 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 No.... 2,081 square feet. If the Commission rejects this comment, the applicant ~< shall provide with each building pennit appUcation, a floor area (P({ltll breakdown that provides computations indicating maximum floor area ~(,vV allowed, maximum floor area existing prior to the subject pennit request, .p maximum floor area proposed with the subject penoit including ~ identifying pennit number and maximum floor area remainin;; following penn it approval. This alternative method is very cumbersome and J.1~~ 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 X structures" after the word "setbacks" found in the f1l'St setback data chart ~D ~ t,){,1 on the master plan, Also, add a note following the side interior setbal:k ~",p1 t-!'" specification indicting that a rated wall complying with Table 600 of the it'(,/; ~ 1\{1 Standard Building Code is required where there is a hard roof adjacent to a property line, ~----~-- Page 3 Foster Property File No,; MPMD 97-0.0.3 DEPARTMENTS INCLUDE REJECT 13. To clarify the setbacks for auxiliary structures, add the word, "roof' X ftfl too,)\ between the words. "screened enclosure" in all instances where the ND ...(,Q ~ <- words "screen enclosure" is identified in the site area breakdown section SJ ,J.- of the master plan, 14, To maintain a 10. foot separation between auxiliary structures and the NO- cr;~ 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 ' (11,117& the proposed 5 feet for pooVspa and 8 feet for screened roof enclosures, IS, To clarify the side interior setback for auxiliary structures, re-word the X f"ll ,..,r side interior setback data as follows: "Zero lot line side - 3 foot ~O' W"t;t' k ' (pooVspa with privacy wall), 5 foot (pooVspa - no privacy wall), 0. foot ~~ ~ (screened roof enclosures), Side opposite zero lot line - 10. feet S{,Ll,~II~ (pooVspa and screened roof enclosures), 16, Note the proposed 8 foot screened roof enclosure setback would prohibit '7 X a pool, that was installed at the allowed 5 foot setback, to be enclosed , qM1~ with a screen roofed structure, PARKS AND RECREATION , Comments: None X FORESTERlENVIRONMENTALIST Comments: None . X PLANNING AND ZONING Comments: 17, On the master plan, provide infonnation 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 (LDR, Chapter 3, Art. IV. X Sec, 3.A). 19, Increase the width of the proposed street rights-of-way to the minimum X of sa 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 not accomplish the intent (sidewalks, travel lanes and drainage) of the standard sa 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 . . . . 2\. 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 AJiinimizo walking distance to nearby public recreation facilities, 28, Provide a written determination of compliance with the Palm Beacb 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, Tj' ~1' d".JACJ.miL' .j3i~-rs:!T -,;;- .::!f5T;rF/' &",.,,,,,.,.,ntI v' Ibme ,,__01-'