O96-08ORDINANCE NO. 096-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING REZONING OF THE PROPERTY
LOCATED ON THE WEST SIDE OF THE
INTERSECTION OF SEACREST BOULEVARD AND
GULFSTREAM BOULEVARD, KNOWN AS "THE HILLS
AT LAKE EDEN"; AMENDING ORDINANCE 91-70
OF SAID CITY BY REZONtNG A CERTAIN TRACT
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-1-AAB (SINGLE-FAMILY
RESIDENTIAL) TO PUD W/LUI=5 (PLANNED UNIT
DEVELOPMENT WITH A LAND USE INTENSITY OF
5); AMENDING THE REVISED ZONING MAP
ACCORDINGLY; 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, Newport Properties, Inc., owners of the property
more particularly described hereinafter, through their agent
Burl Gentry, Gentry Engineering & Land Surveying, Inc., 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 15.45 acres, said land being more particularly
described hereinafter, from R-1-AAB (Single-Family
Residential) to PUD w/LUI=5 (Planned Unit Develo')ment with a
Land Use Intensity of 5);
WHEREAS, the City Commission deems it mn 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:
SEE ATTACHED EXHIBIT "A"
be and the same is hereby rezoned from R-1-AAB (Single-Family
Residential) to PUD w/LUI=5 (Planned Unit Development with a
Land Use Intensity of 5). A location map is attached hereto
as Exhibit "B" and made a part of this Ordinance by reference;
that attached hereto as Exhibit "C" is a copy of the Master
Plan; and attached as Exhibit "D" are conditions/requirements
for this rezonzng, which are incorporated herein.
Section 2: That the aforesaid Revised Zonmng Map of the
City shall be amended accordingly.
Section 3: Ail 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conflict herewith are hereby repealed.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 ~- day of ~~
SECOND, FINAL READING and PASSAGE this
/~'/,'/ , 1996.
ATTEST:
City Clerk
(Corporate Seal)
· 1996.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
LmkeEden. Rezoning
3/1/96
EXHIBIT A
OR8 ~69~ P~ ~.39F3
PARCEL !
The South 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46
SoUth, Range 43 East, Palm Beach County, Florida, (less the right-of-way for Swinton Avenue
as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Pubic Records).
PARCEL 2
The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4, less the County road right-of-way, of Section
4, Tgwnsh_ip 46 SOUth, Range 43 l~st, P~lm Beach Counf~y~ Fioti~la,
PARCEL 3
The East 1/2 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4, of Section 5, Township 46 South,
Range 43 East, less the South 257.29 feet thereof, and also including the following described
parcel:
A portion of the N.E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township
46 South, Range 43 East, Boynton Be~iel~, Palm Beach County, Florida, and more
particularly described as follows: Beginning at the Southeast corner of said N.E.
1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run S. 88deg48min02sec. W.
along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91
feet to a point on the Easterly right-of-way line of Swinton Avenue; thence run
N. 00deg01min00sec. E. along said right-of-way 69.18 feet to a point; thence run
S. 89deg59min00sec. E., 188.55 feet to a point of curve; thence run Southerly
along the arc of a curve to the right 87.96 feet, said curve having a central angle
of 90deg00min00sec. and a radius of 56.00 feet; thence run S. 89deg59min00sec.
E. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E 1/4 of
Section 5; thence run S. 00deg04min28sec. W., 6.03 feet to the POINT OF
BEGINNING. Boynton Beach, Palm Beach County, Florida.
Tax Folio Number:
08-43-46-05-00-000-1060
08-43 -46-05-00-000-1070
08-43-46-05-00-000-1090
08-43-46-04-00_000_3010
DI 4653t 1
041 186 'O084
LOCKFION MAP
HILLS OF LAKE EDEN
r4
E
C
NOT
IN
rt- I T Y
400 '800 FEET I
· ~,~,r. lo ~ ~)~IIEZC
p~ ~tt~ n
LAK[ EDEN SUBDIVISION PLAT NO. 4
IP B 50 PG [221
ZONE RIAAB
A 5'31'27"
R 1880.08'
A " 181.27'
N 0'2g'51'
<' i ---; PI'fl
rrk:~;" SW I NTON AVENUE ( 60~'~ J
W 574, g 8 '
?$' 75'
~ ~ ;~ ' 400' '
?o' 155' 65'j 65' ?0'
I
tRACT D (6$'T~EE PR£$£1~V&TION AREAl
I / j 400'
Administrative Conditions/Requirements- HILLS AT LAKE EDEN
Reference: 3 Sheets prepared by Gentry Engineering and Land Surveying, Inc.,
identified as 3rd submittal with Planning and Zoning Department January 3,
1996, date stamp markinq.
PUBLIC WORKS
Comment s: NONE
~UTILITIES
Comment s:
1. The water and sewer lines crossing between lots X
17 & 18 of block 3 (as shown on sheet 3) will
require at least a 30-foot wide easement in order
to maintain the minimum 10-foot setback from
homes, and the 10-foot horizontal separation
between water and sewer mains as required by the
Palm Beach Health Unit.
2. A capacity reservation fee for this project X
totalling $8 593 20 will be due within 30 days of
Czty~ Commzssion approval of the site plan, or
upon request for Utility Department signature on
the water and sewer line permit applications to
the Health Unit. [Section 26-34(E)]
3. Construction of the off-site 12-inch diameter X
Water main extension on Seacrest Boulevard shall
extend to the City's 16-inch main on Mission Hill
Road. The developer shall be responsible for the
design and construction cost of the off-site
main, and will be granted appropriate credits
towards his water capital facilities charges.
[Section 26-34(A)]
FIRE
Comments: NONE
POLICE
Comment s:
4. The plans call for an emergency access and X
utility .~easement gate, from S. Seacrest
Boulevard, with telephone access code. The
Police Department requests the same type of
gate/telephone access gate for the main
entrance/exit on Swinton Avenue.
ENGINEERING DIVISION
Comment s:
5. Sidewalks are required on both sides of all local X
and collector streets. Chap. 6, Art. III, Sec.
llA, pg. 6-3. (SIDEWALKS TO BE PROVIDED ON ONE
SIDE ONLY/
6. Provide stop signs in accordance with the "Manual X
on Uniform Traffic Control Devices". Chap. 23,
Art. IIB2, pg. 23-7.
7. Sidewalk is still required along Swinton, X
although the note on the drawings previously
cited has been removed. Chap. 6, Art. III, Sec.
TEXT IN ITALICS REPRESENTS DOCU1FENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
DEPARTMENTS I INCLUDE IREJECT
8. All plans submitted for specific permits shall X
meet the City's code requirements at time of
application. These permits include, but are not
limited to the following; site lighting· paving·
drainage, curbing· landscaping· irrigation and
traffic control devices. Permits required from
agencies such as the FDOT PBC, SFWMD & LWDD and
any other permitting agency shall be included
with your permit request.
~9 Site plan review and approval required. Chap. 4, X
Sec. 2, pg. 4-1.
10. Excavation and/or fill permits will be required~ X
Chap. 8, Art. I, Sec. 2, pg. 8-1.
11. The citation in Note 6, Sheet 1 of 3, should be X
changed to Chap. 6, Art. IV, Sect 10T
12. Note 10 does not clearly specify that the POA is X
responsible for perpetual maintenance of Tracts C
and D.
BUILDING DIVISION
Comments:
13 The tree preservation area easement shown as X
Tract C and Tract D shall be fenced off from the
remainder of the lots before any construction on
site and no owner of lots, including the
preservation easement, can build, construct,
install· or have installed patios or any
appurtenances within said easement. (TREE
PRESERVATION AREAS TO BE ESTABLISHED/DELINEATED
BY TRACT, NOT EASEIFENT)
14. The setbacks for screen enclosures are for X
enclosures with screen roofs only; no hard roofs
will be permitted unless it complies with the
setbacks for the main structure.
PARKS AND RECREATION
Comments:
15. Since the number of residential units has been X
reduced from 62 to 56 single family units· the
recreation dedication requirement is:
56 single-family units x. 0180 acres/d.u. = 1.01
acres.
16. The developer has indicated he does not wish to X
apply for one-half credit for private recreation
provided.
RecOmmendations:
17 Recommend cash payment in lieu of land. X
FORESTER/ENVIRONMENTALIST
Comments:
18. ~he applicant should include the Preservation X
Area Management Plan dated November 1995
(document A) as part of the Homeowner Association
~ocuments.
TEXT IN ITALICS REPRESENTS DOCUMENTATION ORREVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
19 The Preservation Area Management Plan should be X
referenced on the master plan as comment #18 and
~tl procedures outlined in document A will be
completed by the applicant prior to turning the
preServe areas over to the Homeowner Association.
(Reference document A, #4.0, page 7).
20. The applicant shall install a six foot high X
black, vinyl-coated chain link fence around the
perimeter of the preserve areas (inside boundary)
and place "Natural Area Preserve" signs on the
fence at the rear of each lot adjacent to the
preserve. (Reference document A, #4.0 A, page 7
and #8.0, page 12). The location of this fence
shall be indicated on the master plan.
21. The applicant will add a note to the master plan X
stating that no permits, determined by the
Development Director to be unsuitable for, or
causing any intrusion into the natural area
Preserves ~ill be permitted. This comment will
prohibit abutting lot owners from applying to the
City of Boynton Beach to construct any
zmprovement to the lot which intrudes into the
preserves. (See Building Division Memo No. 96-
Oil).
22. The paragraph %5 described on %10.0 page 13 of X
document A shall be included as a note on the
master plan.
23 The tree survey indicates a total of 211 trees on X
the site. The tree preservation code %81-21
should be reviewed by the applicant to address
the removal, relocation, and replacement of these
trees. The code will allow removal of trees
located within the buildable areas and roadways.
The three (3) landscape buffer areas (not
preserves) should be recipient areas for the
appropriate trees. The no net loss of trees
should be quantified and indicated on the
landscape plan. The management plan for the
landscape buffer areas should be compiled similar
to the preserve areas management plan. (TREES TO
BE PRESERVED AND RELOCATED WILL BE PLACED IN
~UFFERAREAS)
PLANNING AND ZONING
Comments:
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
I DEPARTMENTS I INCLUDE I REJECT I
24. Identify the location, size, specie, spacing and X
planting specifications for the landscape
material proposed for tracts A, B C D and E
It ms recommended that a row of trees and hedges
be shown along the Swinton Avenue and Seacrest
Boulevard frontage of the project. The tree-
scape shall be enhanced with a meandering
continuous hedge row. The trees shall be at
least ~iyhL (8) ten (10) feet in height at
planting, spaced no more than 40 (20) feet on
center and be an evergreen specie with a moderate
drought tolerance classification (prohibited
plant species are not allowed). The hedge
material shall be at least 24 inches in height at
planting, spaced than 24 inches on center
no
more
~nd be an evergreen specie with a moderate
drought tolerance classification (prohibited
Plant species are not allowed). The landscape
plan shall include tree preservation areas as
Well as the location of landscape material
required to comply with the tree management plan.
[Chapter 2.5, Section 11. B. and C. of the City's
Land Development Regulations]
25. Change the text in note #3 of the master plan by X
Omitting the word width and insert the word
frontage.
26. Show on sheet 1 of 3 a ten (10) foot setback from X
~he north property line to the leading edge of
the sign shown north of the main ingress/egress.
Also, add a note indicating that the signage will
Comply with the sign code.
27. £t is recommended that the maximum building X
height be limited to 30 feet (two stories), to
ninimize impact to the adjacent residential
teighborhoods having a 25 foot height limit
~ather than the proposed 35 feet. Thirty feet,
~ather than 25 feet, is recommended to recognize
[lexibility in unit design for cathedral
~eilings. (AS PROPOSED, 33 FEET APPROVED)
28 ~orrect the LUI table regarding LUI ratios. The X
~able specifies the LUI of 5, however the table
lses ratios for a LUI of 4. Correct all data and
~omputations accordingly.
29. % ~L~e~L ~ul~l~cLiu~ ~h~ll b~ m~d~ Lu S~z~L X
~oul~¥~zd aL ~iLh~z S.E. 35LL Av~u~ uz S.E. 36LL
%vel'lu~ oi ~L~lid S.W. 36Lh Av~liu~ ~lid m~k~ ~
~uz~ uoo£dli~Liui, wiLL LI*= CiL~ of D~i~
~U~d~i, ' , iii ~dd ~u~iit~ suLdivi~iuii~. ~il~. iii Lli~ ~ii~z~l
[kpp=,,dm~ C, izLzul= ~, S=ut=o. 10.D.] If thi~
,km=ll~u=nL Lu Pulic3 2 . 2.9. (CONDITION AMENDED TO
.,~EAD: AS A RESULT OF THE TRAFFIC ANALYSIS
,~ONDUCTED BY DELRAY BEACH. THE APPLICANT SHALL
,?ILEA C0 PREHENSZVE PLAN AMENDAZNT TO P0 IC
30. erovide acopy of unified control documents that X
have been approved by the city attorney.
C()NDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
DEPARTMENTS I INCLUDE I REJECT
31. Since platting does not require any review by the X
Planning and Development Board, and City
Commission review does not occur until the end,
no opportunity is available for the Commission to
set land value for purpose of calculating the
recreation fee. Therefore, since this request
involves additional fees to be paid and since the
...... property was recently sold, it is recommended the
land value be set using the purchase price at the
· time of the most recent sale of the PUD property.
This will require the applicant to submit a copy
of their purchase contract.
32. To show the proper front setback omit the off-set X
shaped buildable area shown at the front of lots
24 and 30. The front setback extends across the
entire front of the lot at a distance of 21 feet
from the front property line.
33. Check the scale (1" to 40') of the distance X
between the rear of the buildable area of the
buildings in block 2 and the rear property line.
The setback chart indicates this distance to be
~1.5 feet, however the space scales approximately
~7.5 feet.
34. The plans identify area A, C, D and E as tracts, X
howeverh the plans show these areas with a symbol
~hat is generally used to represent an easement.
Correct this believed contradiction. Even though
the home owners' documents includes language to
eliminate improvements in these easements,
installation of fences with signs around the tree
preserve easement and deed restrictions that
~estrict lot owners from making improvements in
he easements, it is believed that these areas do
not qualify as easements. Restore areas C&D as
tracts owned and maintained by the homeowners'
association.
35. ow on the Dian a fence with access gates X
encompassing the tree preservation areas. The
location of the fence shall be within the
boundary of the preservation areas and the type
End height of fence shall be delineated on the
plan. It is recommended that the access gates be
off-set from the private right-of-way to allow an
area for a vehicle without blocking the right-of-
way.
36. ~L w~ ~viuusl3 ~'eed Lu by Ch~ ~ppli~C Chic X
~=uz~st Buul~¥=~d. Th~ added ~£e~ wuuld
~. (CONDITION ~N"DED TO READ: P~OVIDB A
,'--.~-HAF (ONE-WAY) ~w'~v~ EXIT ONLY ONTO
9EACREST BOULEVARD (THIS SHALL REPLACE THE 20
FOOT ACCESS/UTILITY EASEMENT SHOWN ON THE
PLANS) .IT IS PREFERRED THAT THE ENTRANCE ALIGN
~ITH OESTA VISTA DRIVE,
D T IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
ITIONS GENERATED/APPROVED AT PUBLIC HEARINg.
I DEPARTMENTS I INCLUDE IREJECT
37 Submission of a rectified master plan showing X
compliance with the conditions of approval for
the project will be required to be submitted to
the Planning and Zoning Department, in
triplicate, prior to platting and site plan
review of the project. A survey shall be included
with the rectified master plan drawings.
~-~DDITIONAL
FOLLOWING:
CONDITIONS OR DESIGN CHARACTERISTICS AGREED UPON INCLUDE THE
DWELLING UNITS SHALL BE 2,400 SQUARE FOOT MINIMUM UNDER AIR;
DWELLING UNITS SHALL BE -2,600 SQUARE FOOT AVERAGE UNDER AIR;
A 3 FOOT BERM ALONG SWINTON AVENUE;
A CONTROLLED, GATED EXIT ONTO SEACREST;
29 LOTS AT 9,000 SQUARE FEET; AND
27 INTERIOR LOTS AT 7.150 TO 7,180 SQUARE FEET.
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS
GENERATED/APPROVED AT PUBLIC HEARING.
3/1/96
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.