LEGAL APPROVAL
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ORDINANCE NO. 098-,1J
AN ORDINANCE OF THE CITY COMMlSSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE REZONING APPUCATION AND
MASTER PLAN APPROVAL OF KILDAY AND
ASSOCIATES, INC., AGENT FOR CONTRACf
PROPERTY OWNERS (PROPERTY LOCATED ON
THE NORTHEAST CORNER OF WOOLBRIGHT
ROAD AND ' KNlITH ROAD); AMENDING
ORDINANCE 91-70 OF SAID CITY ,BY REZONING
A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN;
. PROVIDING FOR CONFUCTS, 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, Kilday and Associates, Inc., as agent for the contract
o~ners 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 and'Master Plan Approval to construct a 192-
unit apartment complex to be known as The Hamptons at Boynton Beach
PUD (fka Tara Oaks PUD), and a 20,000 square foot church, located on a
separate parcel; and
WHEREAS, the former zoning, now expired, was also PUD LUI:5, and
inc1uded a master plan for 192 town houses and a church; and
WHEREAS, as the previous master plan/zoning has expired, a new
rezoning application and master plan must be processed, although the
current future land use classification, Medium Density Residential, will remain
unchanged;
WHEREA~, 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 farth.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY
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COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Sectian 1: The follawing described land, Io.cated in the City of
Boyntan Beach, Flarida as set forth as follows:
A parcel of land being portions of tracts 71, 72,
89, 90; 103, 10.4 , 121 and 122 af Palm Beach
Farms Company Plat No.. 8, recorded in plat book
5, page 73 of the pUblic records of Palm Beach
County, Florida, lying in section 30, township 45
south, range 43 east, Palm Beach County, Florida,
and being more particularly described as follows:
Commencing at the south quarter (5 1A) corner of
said section 30, run thence north 010 10' 26" east,
along the north-south quarter (NS V4) section line
40.0 feet; thence east 40.0 feet to. the paint af
beginning of the herein described parcel; thence
F ' cantinue east 351.64 feet; thence north 010 04"
28" east 2513.64 feet, to. a paint on the south
right-of-way line af Lake Worth Drainage District
Canal L-25 as same is recorded in official records
baak 2063, page 1416, public records af Palm
Beach Caunty, Flarida; thence sauth 800 49' 00"
west, alang said right-af-way line 347.30 feet to.
the easterly right-af-way line af a raad right-af-
way as recarded in afficial recards baak 2075,
page 572, public recards af Palm Beach County,
Flarida; thence sauth 010 10' 26" west, alang just
said right-af-way line 2512,61 feet to. te paint af
beginning, less the west 25 feet, thereaf.
Said lands lying and being in the City of Boynton
Beach, Palm Beach Caunty, Florida, containing a
computed net area af81S,309 square feet (18.717
acres) more ar less.
be and the same is hereby rezaned fram Planned Unit Development to. Planned
Unit Development. A lacation map is attached hereto. as Exhibit "A" and made a
part af this Ordinance by reference. Attached as Exhibit "B" is a capy af the
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I conditions/requirements for this rezoning, which are incorporated herein. .
I Section 2: That the aforesaid Revised Zoning Map of the City. shall be
l amended accordingly, and the Master Plan as submitted is hereby approved.
Section 3: All ordinances or parts of Qrdinance~ 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.
FIRSf READING this 7' day of ~,. , 1998.
SECOND, FINAL READING and PASSAGE this dt/ day of ~9'
CITY OF BOYNTON BEACH, FLORIDA
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, 1998.
ayor Pro Tern
Co ISSloner
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DEVELop~eNT ORDER OF THE CITY COMMI~c)ION OF THE
:TY OF BOYNTON BEACH, FLO~. .~A
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PROJECT NAME: The Hamptons at Boynton Beach
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APPLICANT'S AGENT: Lindsey Walter, Kilday and Associates, Inc.
APPLICANTS ADDRESS: 1551 Forum Place, Suite 100, West Palm Beach, FL 33401
DATE OF CITY COMMISSION PUBLIC HEARING: June 2, 1998
TYPE OF RELIEF SOUGHT: Rezoning
LOCATION OF PROPERTY: Northeast corner of Woolbright Road and Knuth Road
DRAWING(S): SEE EXHIBIT-B- ATTACHED HERETO.
THIS MA TIER 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
X THIS MA TIER came on to be heard ~ore 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 admilJistrative
. ~ staff and the public finds as follows: .
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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.
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2. The Applicant.,
JHAS
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 .C. with not8tion .Included-.
4. The Applicant's application for relief is hereby .
V 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 degelopment on the property shall be made in accordance with the terms
and conditions of this order.
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EXHIBIT "0"
Conditions of Aoproval
Project name: The Hamptons at Boynton Beach
File number: REZN 98-002
Reference: The olans consist of 12 sheets identified as 2nd Review. Rezoning. File # REZN 98-002 with an
Aoril 27. 1998 Planninll and Zoninll Department date stamp markinll.
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DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTIUTIES
Comments: None X
FIRE
Comments: None X
POllCE -
Comments: None X
ENGINEERING DMSION
Comments:
1. Applicant shall request a waiver of platting since the land is being X
divided into two parcels. '
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BUll..DING DMSION
Comments: None X
PARKS AND RECREATION
Comments:' None' X
FORESTERlENVIRONMENTALIST'
Comments: None X
PLANNING AND ZONING
Comments:
2. Submit a signed and sealed"rectified master plan, which reflects all staff X
comments and conditions approved by the City Commission and
Planning Development Board in triplicate to the Planning and Zoning
Division, prior to initiating platting. Ch.3 Art.IV.
3. Revise the existing note on the master plan drawing that reads "Western X
RIW Stub To Be Removed" by indicating that the apartment developer
shall be responsible for installation of proper dead-end signage and
construction turn-around.
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Page 2
The Hamptons at Boynton
File No.: REZN 98-002
DEPARTMENTS INCLUDE REJECT
4. Replace the riiihimum size in acres for the recreation, amenity item #3. X
The clubhouse unit of measurement for this element is shown in Chapter
1, Article V, Section 3.A(2)(e)(6). Indicate this # change in all relevant
tabular data on all plans.
5. Add a note requiring dedication of Knuth Road RIW that is missing, X
according to survey, alo"ng church parcel to be consistent with (width
entity) RIW dedicated for Knuth Road north of the church parcel.
6. Provide a boundary line extension of the north property line of Lakes of X
Tara PUD, across the site to the west, designating the limits of the
multifamily development, based on the parcels'1990 approved plan. If
inconsistent with this limit, modify accordingly or obtain consent to
deviate from the Lakes of Tara Homeowner's Association.
7. Correct the building coverage calculation to reflect 3.84 acres in the site X
data site area break down and in the building coverage data. The number
must include all building square footage.
8. Correct the permitted F.AR acreage shown in the LVI calculations to X
reflect 7.58 ac. (all building square footage), and the proposed lot area of
20.16. Total site ~iD.cluding dedications are used in the F.A. R.
detennination.
9. Provide in the site data, under the total net acreage, a breakdown of the X
acreage for Pod I, Pod IT, Pod m. These mUSt total18.7l7 as shown on
the site survey.
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10. Add a note on the plans that a 6 foot high CBS wall sball be constructed X
along the north side of the LWDD L-2S C8Iial and landscaping shall be
installed adjacent to the wall: such landscaping to contain trees 12 - 14
feet high and spaced 30 feet on center.
11. Finding of compliance with the county's traffic performance standards X
ordinance. .
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
12. Revise comment 1 to read: If required by code, applicant sball request a X
waiver of platting since the land is being divided into two parcels
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13. Revise comment 2' to read: Submit a signed and sealed, rectified master X
plan, which reflects all staff comments and conditions approved by the
City Commission and planning Development Board in triplicate to the
Planning and Zoning Division, prior to issuing tint building permit. Ch.3
Art.IV .
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Page 3
The Hamptons at Boynton
File No.: REZN 98-002
DEPARTMENTS INCLUDE REJECT
14. Replace cOmiiient 3: Developer shall be responsible for removing X
"Western R/W Stub" for South West Congress Boulevard and replace
exiting note on the master plan drawing with same.
15. Replace comment 6: Landscaping at the southeast comer of the project, X
to include the relocated mature oak trees and new trees placed 30 feet
apart at no less than 10 feet high, along with a dense hedge planted at 36
inches and maintained at 5 feet on top a 3 foot be~ shall be placed and
intended to buffer the project from view from the adjacent nearest three
single family lots. Revise plans accordingly. As an alternative to this
condition, the applicant shall either obtain written approval on the
existing location of buildings southofS.W. Congress Boulevard
extendec:f.or locate all buildings north of the south right-of-way line of
S. W. Congress Boulevard extended.
16. Revise comment 10 to read: Landscaping shall be installed adjacent to X
the northside of the L WDD L-25 wall: such landscaping to contain trees
12 - 14 feet high and spaced 30 feet on center.
ADDmONAL CITY COMMISSION CONDmONS
17. Te he dctemliDed.I\0A'E. V'
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J:\SHROATAIPlNINING\SHARfD\INP\PROJECTS\HAMPTONS AT BOYNTON BEACHlREZN'tCOND OF.N>PROV/IL.. 2ND REVIEW REZN.DOC
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MErnNG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 21, 1998
Jaskiewicz added that in ajpper Cove, the residents must adhere to every rule or they are not
permitted to stay in~e complex.
Consensus
There was a consensus of the Commission that staff should move forward with a proactive
approach and arrange a workshop meeting for a later date.
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBUC HEARING
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 Mun.icipal Cemetery ahd establishing
a cemetery fund, and amending Section 6-5 to remove all reference to
that Board of Trustees and the trust. "
Attorney Cirullo read Proposed Ordinance 098-22 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-22. Commissioner
Titcomb seconded the motion. City Oerk Sue Kruse polled the vote. The vote was unanimous.
2. Proposed Ordinance No. 098-23 Re:' Rezoning and master plan
approval of property located on the nort:neast comer of Woolbright Road
and Knuth Road and amending Ordinance 91-70 by rezoning The
Hamptons at Boynton Beacp PUD
Att(~mey Orullo read Proposed Ordinance 098-23 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-23. Mayor Pro Tem
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
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
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MEETlNG MINUTES
PLANNING It DEVELl. ~ENT BOARD
BOYNTON BEACH, fLORIDA
JULY 14, 1998
Mr. Rumpf reported the following:
Self-storage facilities item related to Code amendments was approved and will proceed with
the Ordinance stage.
Shoppes of Woolbright t'CD and Favorite Food Court were approved. The City Commission
approved the Favorite Food Court application excluding the Planning Be. Development's
additional condition that restricted the uses to restaurant uses only.
When Chairman Wische questioned whether the Commission was aware of the fact that the applicant
had agreed to that condition, Mr. Rumpf explained that he did not have an answer to that question.
Boynton Beach Mall - The amendment of the Development Order was approved.
Barrera Annexation Ordinances were approved on second reading.
Hamptons PUD, Rrst Baptist Church and Foster Property Ordinances were approved on first
reading
B. filing of Quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
Motion
Mr. Rosenstock moved that the filing of the Quarterty Report for Site Plan Waivers be accepted as
submitted. Mr. Dube seconded the motion that carried unanimously.
6. Old Business
None
7. New Business:
A. PUBUC HEARING
Code Review
Day Care Uses Accessory to Churches
(Tabled from 6/23/98)
Bishop Sylvester Banks
Bible Church of God
Request to amend the Land Development Regulations,
Chapter 2, Zoning, to allow day care as an ancillary
function to a church located in R-1-AA zoning disbicts.
Agenda Item 7.A.! was tabled until the meeting to be held on August 11, 1998.
1.
PROJECT:
AGENT:
DESCRIPTION:
2
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MEETING MINUTES
PLANNING a. DEVELOt'MENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 9, 1998
. Approved the Bradshaw variances with some discussion but no alteration of the
conditions of approval.
. Riverwalk Plaza remains on the table. This application was originally tabled for 30 days
at the City Commission level.
. Approved Boynton Commerce Center PID major site plan modification and the new site
plan with no discussion. .
. Approved the Hamptons of Boynton Beach project with no discussion. The Hamptons
site plan was approved with no changes to staff comments.
. Approved Barrera Land Use Amendment/Rezoning/Annexation and will move forward to
the Ordinance stage.
. Approved Stor-AII Comprehensive Plan Text Amendment including the addition to Policy
116.1 to modify the definition of Office/Commercial land use classification to include the
new concept proposed by the applicant. This item will move forward to DCA for review
at the State level.
Mr. Rumpf further reported that additional information was requested regarding the Development
Award Program. No progress has been made on that program. However, Mr. Rumpf located the
Ordinance regarding this program. There is a deadline of October/November. He spoke with the
Director of Development about this program and it is believed that the deadline can be met. A
concept of program details will be brought forward with respect to program details at a future
meeting.
With respect to the issue of landscaping and signs, Mr. Rumpf reported that Ms. Heyden was
formalizing recommendations to the Commission and they have referred this to a task force.
Mr. Dube thanked Mr. Rumpf for his quick response on the LOR and zoning maps.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBUC HEARING
Code Review
Location:
Self Storage fadlitles (tabled at 5/26/98 meeting)
William Morris
Kilday and Associates, Inc.
NjA
1.
Project:
Agent: .
2
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26, 1998
REZONINt1
4.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
The Hamptons of Boynton Beach
Kieran Kilday
Kilday and Associates, Inc.
Northeast corner of Woolbright Rd. & Knuth Rd.
Request for rezoning and master plan approval to
construct a 192-unit apartment complex to be
known as The Hamptons at Boynton Beach PUD
(fka Tara Oaks PUD) and a church
Kieran Kilday took the podium and stated he represents the Applicant.
Chairman Wische informed Mr. Kilday that there are eleven staff comments and asked
the Agent which of the eleven staff comments the Agent agrees or disagrees with and
wishes to address.
Mr. Dube inquired what the changes have been made to the project since the last time
the Applicant appeared before this Board?
Mr. Kilday stated that there have been significant changes. Mr. Kilday also stated the
Applicant was seeking approval for the parcel of property that is located just north of
Woolbright Road between Quail Ridge and Apartments of Tara Lakes to the east. (Mr.
Kilday pointed out the area on the drawings that he presented to the Board). Part of the
parcel will use Knuth Road and is a condition of approval, connecting Woolbright Road
to Congress Avenue. That is a joint project of Mr. Winchester, the owner and developer
of this property to the north, and the developer of this site.
Mr. Kilday also handed out a brochure that illustrates what is envisioned for the
property. Mr. Kilday also stated that this project has appeared before this Board three
times and the Applicant feels this is the best of the projects. This project has been built
in other placee--and the applicant is u~jng the same architect and is duplicating the
project in Boynton Beach. The apartments will be built to look more like houses and will
include garages. One type of building has ten units and the other type has seven units.
Mr.Kilday pointed out the differences between the plan being presented this evening
and previous plans, which was essentially row houses by Pulte Homes, with the same
number of units. The site plan was fully approved, plats were submitted and Pulte
walked away from the project and pursuant to numerous extensions, the master plan
expired because the utility fees were not paid.
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
Although it appears on the agenda as a new master plan, it is in effect replacing an old
expired master plan. Mr. Kilday had the following comments to make regarding the
conditions: >
Condition #1 :
Please add at the end thereof "if required by code".
Chairman Wische asked Mr. Rumpf for his comment on this addition. Mr. Rumpf stated
comment #1 originated from engineering. After discussion with engineering, it was
determined it might not be required.
Condition #2:
Delete "prior to initiating platting" and replacing the language with
"prior to issuance of the first building permit".
Mr. Kilday requested this if it is determined a plat is not required, they would have the
plans.
Mr. Rumpf stated that several of the conditions were worded in accordance with regular
assumption platting. Mr. Rumpf stated staff agreed with this change.
Condition #3:
Delete the middle of the second line so that the condition would
read "Revise the existing note on the master plan drawing that
reads 'Western RIW Stub To Be Removed. Developer shall be
responsible for installation of proper dead-end signage."
Mr. Kilday stated that initially Congress Boulevard was going to go through the property
and the residents of the subdivision did not want this to become a through way.
Currently there is a small stub built by the previous developer and the Applicant is
willing to remove the stub, so that no turn around will have to be provided, as this will be
the end of the road. Mr. Kilday pointed out this area on the drawings.
Mr. Rumpf stated that this change would make it more consist with the comparable
comment in the site plan.
Condition #6:
Petitioner asks that this item be deleted.
Mr. Kilday stated that when the original master plan was approved, the residential units
were to remain north of the northern right-of-way line of S.W. Congress Boulevard. or
otherwise consent from adjacent homeowners would be required. The recreation
portion of the project ended in the south area. The recreation has been taken out and
has moved mid-way up on the site. evenly distributed among the units. There is no
11
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
parking on the south side of the buildings and there are no openings. Actually all that is
going in now are sidewalks and some doors on the south units.
Mr. Kilday stated that notice has been sent out. To make the project work property with
these neighborhoods leeway is necessary on the south two buildings to be positioned
as shown on the plan.
Mr. Rumpf stated that on the previous approval, staff was only receiving part of the
recommendations. The petitioner previously was requesting higher density than what
staff was recommending.
Mr. Rosenstock inquired what was the difference in density. Mr. Rumpf replied that it
was the difference between 9.68 and 7.26 density. The difference was between
medium density and moderate density residential classification.
Mr. Myott inquired what the nature of the calls was from residents of the adjacent
communities. Mr. Rumpf stated he did not receive any calls.
Mr. Rosenstock asked Mr. Rumpf if there was any reason why this condition should not
be eliminated?
Mr. Rumpf stated that the deviation being discussed is not that significant. The City
approved the project. Mr. Rumpf further stated that PUD have landscaping buffers and
if the City did compromise at this point, Mr. Rumpf stated buffers should be added as a
condition.
Mr. Rosenstock inquired if the Planning Department can specifically state what
landscaping they require. Mr. Rumpf said this can be worked out with the Petitioner.
The remaining other item is Condition #10.
Condition #10:
delete the word3 "adjacent to the wall"
Chairman Wische inquired if there were any further comments from the Board. There
being none, he opened the public hearing portion of the hearing.
There were no public comments. Chairman Wische closed the public portion of the
hearing.
Ms. Frazier inquired what the rentals would be for the apartments. Mr. Kilday stated
that the rents will range from $890 to $1400 and each unit will have a garage.
12
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PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
Motion
Mr. Rosenstock moved that the Request for Rezoning and Master Plan Approval to
construct a 192 unit apartment complex to be known as The Hamptons at Boynton
Beach PUD (fka Tara Oaks PUD), and a church be approved, subject to all staff
comments as amended as follows:
Condition #1, add the words at the end thereof "if required by Code".
Condition #2, delete "prior to initiating platting" and inserting in place thereof
"prior to issuance of the first building permif
Condition #3, delete the words "indicating that the apartment" and after the word
"signage" add a period. The sentence to read as follows: .. . 'Western RIW Stub
To Be Removed. Developer shall be responsible for installation of proper dead-
end signage."
Condition #6, Rejected. Add comment that Planning Department and Applicant
will work out the enhancement of landscaping at the southeast portion of the
residential project.
Condition #10. delete the words "adjacent to the walr
Mr. Dube seconded the motion. Motion carried 7-0.
Motion
Mr. Rosenstock moved that Item C.1. (Site Plans) be moved forward.
Mr. Dube seconded the motion. Motion carried 7-0.
C. Site Plans
1. New Site Plan
LOCATION:
DESCRIPTION:
The Hamptons of Boynton Beach
Kieran Kilday
Kilday and Associates, Inc.
Northeast comer of Woolbright Rd. and Knuth Rd.
request for site plan approval to construct 192
multi family dwelling units (apartments)
PROJECT:
AGENT:
13
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