O87-49 ORDINANCE NO. 87-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY BY ZONING A CERTAIN PARCEL OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
WHICH IS BEING SIMULTANEOUSLY HEREWITH
ANNEXED TO THE CITY OF BOYNTON BEACH,
FLORIDA, BY ORDINANCE AS PLANNED UNIT
DEVELOPMENT (PUD) WITH A LAND USE
INTENSITY OF 4; PROVIDING A SAVINGS
CLAUSE; REPEALING PROVISIONS; AND AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
W~RREAS, 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
W~EREAS, the City Commission of the City of Boynton
Beach, Florida, is simultaneously herewith adopting an
Ordinance annexing a parcel of land more particularly
described herein into the City limits of said City; and
W~ERE~, the owners and agents of the property have
requested the above mentioned zoning classification; and
WI{EREA~, the Planning and Zoning Board of the City of
Boynton Beach, Florida, has heretofore held public hearings
regarding said development; and
W/~EREAS, the City Commission deems it in the best
interest of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, T~EREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTONBEACH, FLORIDA:
Section 1: That the following described land,
located in the City of Boynton Beach, Florida, be and the
same is hereby zoned Planned Unit Development (PUD) with a
land use intensity of 4. Said land is more particularly
described as follows:
The west quarter of the northeast
quarter, and Government Lot 3, being the
northwest quarter of the southwest
quarter of Section 7, Township 45 south,
Range 43 east.
Containing 44.78 acres, more or less.
Together with that portion of the Lake
Worth Drainage District Canal L-19
Right-of-Way abutting the north property
line of the above described subject
property and that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property.
Section 2: That the aforesaid Revised Zoning Map of
the City shall be amended accordingly. That this rezoning
is hereby granted for the purpose of permitting the
development of said land as a Planned Unit Development
District (PUD) specifically in accordance with the
development plans and specifications therefore now on file
with the Office of the City Planner of the City of Boynton
Beach, Florida, and all requirements, terms and conditions
established and set forth in the minutes of the Planning and
Zoning Board and the City Commission of the City of Bo!rnton
Beach, Florida, pertaining to the review and approval of
said application, which minutes are hereby made a part
hereof by reference and staff comments are attached hereto
as Exhibit A.
Except as provided herein, all development on the
subject property shall proceed in strict accordance with all
Ordinances of the City of Boynton Beach, including but not
limited to, its zoning, electrical, plumbing, subdivision,
planning and zoning codes and all other rules and
regulations of the State of Florida, Department of
Environmental Regulations.
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
1987.
SECOND, FINAL READING and PASSAGE this
CITY OF BOYNTON BEACH, FLORIDA
ATTEST
Vice ~r~'
Co Member
Council
Council Member
3
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
request,
CLOSED.
As there was no response, THE PUBLIC HEARING WAS
Commissioner Zibelli again moved to approve the request for
abandonment, and Commissioner Mann again seconded the motion
The motion carried 4-0. '
B. Consider requests submitted by Michael D. Gordon, Esquire
and Enrico Rossi, P.E., agents for John and Anita Van
Hezewyk, Co-Trustees, to annex a 48.231 acre tract of
land on Lawrence Road at L.W.D.D. L-19 Canal, southeast
corner, show the annexed land as Low Density Residential
on the Comprehensive Plan Future Land Use Map, and to
rezone the land from AR (Agricultural Residential) to a
Planned Unit Development with a Land Use Intensity = 4.
This proposal provides for the development of 231 units,
including 103 zero lot line, single-family detached units
and 128 duplex units.
"-!'~!Mr.~Annunz~ato noted this request was a combination of three
~???'Xequests for annexation, amendment of the Land Use Element
of the Comprehensive Plan, and rezonlng. Originally, the
applicant submitted plans for a Master Plan approval for a
PUD of 231 units (inCluding 103 zero lot line, single-family
detached units, and 128 detached duplex units). The project
would be connected to the City by an existing road in the
Meadows PUD at the expense of the developer. Mr. Annunziato
noted the detailed analysis of the project found in the agenda
memorandum dated June 24, 1987.
Mr. Annunziato said the P&Z Board recommended annexation be
approved, but recommended that the Land Use amendment and
rezoning be denied. Mr. Annunziato believed the denials were
recommended for several reasons. The first consideration was
the high net density involved, although the 4.79 dwelling units
per gross acre was consistent with the Land Use category of the
Comprehensive Plan. Another concern was the duplex form of
development, which the P&Z Board did not feel was consistent.
with the development in the area. A final concern of the Board
was what the units would look like.
Following the P&Z Board meeting, Mr. Annunziato reported, the
City staff met with the applicants. The applicants submitted
a letter from Michael Gordon describing certain responses to
comments made by the City staff and the P&Z Board. After
reviewing the letter with the City Attorney and City Engineer,
Mr. Annunziato concluded that the project can go on, regardless
of the ability of the City or the applicants to acquire the road
right-of-way between this project, and the Meadows PUD, and he
elaborated on how this could be done.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
Mr. Annunziato reported that the applicants had also sub-
mitted an amended plan in response to the comments of the
P&Z Board. The apPlicants proposed the elimination of the
duplex units and the reduction of total units from 231 to
212 (8% reduction), which would increase the open space.
The applicant also provided for the City Commission building
elevations and units types for the location.
Mr. Annunziato said the staff recommendation to the P&Z Board
was initially for approval subject to staff comments, and the
P&Z Board had modified that recommendation. Mr. Annunziato
repeated the fact that the density was consistent with the
Land Use category requirements. Mr. Annunziato advised
Commissioner Zibelli the primary elements of this revised
plan had not changed. The actual changes included an increase
in open space, a change of unit counts, and a decrease in the
density. Mr. Annunziato further advised that the P&Z Board
had not been provided with renderings, because they had not
been required. Commissioner Hester commented that the P&Z
Board needs to clarify whether they can vote against projects
for not providing renderings, if renderings are not required.
In response to Vice Mayor Marchese's inquiry, Mr. Annunziato
advised that, if the project was turned down by the City
Commission, the project could be completed through the County
at a much higher density. City Manager Cheney also concurred
with that comment. Mr. Annunziato remarked that the City
Commission had set Lawrence Road as the temporary western
limit of annexation, so this would constitute a pocket within
those confines.
Alan Ciklin, a lawyer from West Palm Beach, Florida,
representing the applicants, remarked there were three
issues at the P&Z Board: 1) a desire for graphic depiction
of the units and amenities; 2) a concern with having duplex
units; and 3) a desire for a decrease in density and an
increase in open space.
Mr. Ciklin said the requested 4.79 dwelling units per acre
had been reduced to 4.4, a reduction of 8.1%. Mr. Ciklin
noted that the Palm Beach County Land Use Plan recommended
approximately 8 dwelling units per acre, while the City
recommended 4.82 dwelling units per acre. He said the open
space has been increased 42% over the original plans. Mr.
Ciklin said this density was one of the lowest, if not the
lowest, in the area. Mr. Ciklin said the preservation of
the citrus grove had also been increased to four acres, and
a tree maintenance program had also been submitted for the
grove.
- 20 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
Mr. Ciklin noted the duplexes had totally been eliminated
from the plan. He reported the existence of minimum 15'
setbacks, with some units having larger setbacks.
Mr. Ciklin then reviewed colored renderings of Lawrence
Groves. He said this particular project would have a more
Mediterranean style. The units would range from 1 600 square
feet to 2,200 square feet. '
Mr. Ciklin summarized that the applicants have made changes
to satisfy all the P&Z Board's objections (reduced density,
increased open space, changed housing type, provided graphics).
He further concluded that the project satisfies the Land Use
requirements, and he agreed to all staff comments.
Vice Mayor Marchese asked if anyone wished to speak in favor
of the request. There was no response. Vice Mayor Marchese
asked if anyone wished to speak against the request.
Michael Starr, 7689 Lawrence Road, presented a petition with
61 signatures of people opposing the Lawrence Groves project.
Mr. Starr objected to the petition on the grounds that it
would change the lifestyle of the present homeowners in the
area. He noted the number of units planned would over-
populate the area and cause additional traffic. Mr. Starr
said Lawrence Road was designed originally to provide access
to the orange groves in the area.
As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED.
Mr. Ciklin responded to Mr. Starr's comments about the
surrounding densities. Mr. Ciklin noted an analysis of the
County's densities for that area, where the lowest density
among six projects was 4.35 dwelling units per acre (the only
project with a density lower than the project in question).
City Attorney Rea advised the Commission they could make one
motion to approve all three requests, if they so desired.
In response to Commissioner Zibelli's inquiry, Mr. Annunziato
advised that traffic studies, tree management plans, and
engineering plans had already been submitted as part of the
PUD application. Mr. Annunziato said the characser of Lawrence
Road would clearly change regardless of the outcome of this
request, but the traffic studies indicated that the road would
still not be anywhere near capacity levels of service.
Commissioner Hester moved to approve the request of Michael D.
Gordon for annexation, amendment of the Land Use, and rezoning
of a 48.231 acre tract of land on Lawrence Road at L.W.D.D.
- 21 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
L-19 Canal, southeast corner, subject to staff comments dated
June 24, 1987 and July 20, 1987. The motion was seconded by
Commissioner Mann and carried 4-0.
Mr. Annunziato commented that the project would.not be acted
on in final form by the Commission until November or December
of this year, because the Comprehensive Plan amendment would
have to be reviewed by the Regional Planning Council and the
Division of State Planning.
C. Consider request submitted by Michael D. Gordon, Esquire
and Enrico Rossi, P.E., as agents for Knollwood Orange
Groves, Inc. to annex a 53.604 acre tract of land on
Lawrence Road at Miner Road extended, southeast corner,
show'the annexed land as Low Density Residential on the
Comprehensive Plan Future Land Use Map, and rezone from
AR (Agricultural Residential) to a Planned Unit Development
with a Land Use Intensity = 4. This proposal provides for'
. the development of 250 units, including 132 zero lot line,
- single-family detached units and 128 duplex units
Mr.'Annunziato reported that the P&Z. Board made the same
recommendations for this project as ~they had for the previous
companion project (approval of annexation request, denial of
other two requests).
In response to some comments, Mr. Annunziato clarified that
the P&Z Board does not require elevations for single-family
homes in PUDs.
Mr. Annunziato said the request had gone to the P&Z Board
from the Technical Review Board with a positive recommen-
dation, subject to staff comments. The P&Z Board had raised
the same questions as were raised on the previous project
(net density, lack of open space, duplex development lack
of building elevations). '
Mr. Annunziato advised the applicants responded to staff
comments and P&Z Board comments by, once again, writing a
letter of response and by changing the Master Plan with
respect to the number and type of units shown. The number
of units were reduced from 250 to 233, for a net reduction
of 7%. The density was reduced to 4.35 dwelling units per
acre, and all duplex units were again removed.
Mr. Annunziato pointed out that the County was proposing to
construct an elementary school approximately 800-900 feet
south of this site. The City staff has discussed with the
applicants the property that separates their project from
- 22 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
the elementary school. The applicants have that property
under contract. The staff has been attempting to work out a
program where Parks and Recreation dedication fees from this
project and from the Lawrence Groves project could be traded
"in kind" for land value for a park adjacent-to the school.
The City staff has also discussed with'the school planners
the possibility of having a joint City-School neighborhood.
park to serve this area.
Mr. Ciklin, representing this project also, stated that the
same considerations of the P&Z Board had been taken into
consideration for this project as for the previous project.
Mr. Ciklin said the units had been reduced by about 7%, and
the density was down to..4.35 dwelling units (which was lower
than the 4.4 that was just approved). He noted that the
recreational area had been increased by 63% and the total
open space by 20%.
Mr. Ciklin reviewed the colored renderings for this project.
The price range of the homes would be from $90,000 to $120,000,
and the style would be more contemporary than the other homes.
The total square footage would range from 17,070 square feet
to 18,055 square feet. The homes would be detached, single-
family homes, with at least 15' between each unit.
Vi~e Mayor Marchese asked if anyone wished to speak against
the request. There was no response. Vice Mayor Marchese
asked if anyone wished to speak in favor of the request.
There was no response. THE PUBLIC HEARING WAS CLOSED.
Commissioner Zibelli moved to approve the request of Michael
D. Gordon for annexation, Land Use amendment, and rezoning of
a 53.604 acre tract of land on Lawrence Road at Miner Road
extended, subject to staff comments dated July 20, 1987 and
June 24, 1987. The motion was seconded by Commissioner
Hester and carried 4-0.
De
Consider request submitted by Carmen S. Annunziato,
Planning Director, for the abandonment of an alley right-
of-way located south of the Public Works Complex which is
located on N.E. 9th Avenue at N.E. 1st Street, southeast
corner. This request is submitted in connection with the
future expansion of the Public Works Complex for the City
of Bovnton Beach.
Mr. Annunziato reported the alley would be abandoned to provide
for a greater buffer for the properties to the south and to
split ownership of the alley with the property owners to the
south. This would allow the Public Works Complex fence line
- 23 -
LAWRENCE'GROVES
-LEGALDESCRIPTION
THE WEST qUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST qUARTER, AND GOVERNMENT LOT 3,
BEING THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 45 SOUTH,
RANGE'43 EAST.
CONTAINING 44.78 ACRES, ~ORE OR LESS.
TOGETHER WIT~ THAT PORTION OF THE LAKE WORTH DRAINAGE DISTRICT CANAL L-19 RIGHT OF WAY
ABUITING THE NORTH PROPERTY LINE OF THE ABOVE DESCRIBED SUBJECT PROPERT¥-ANDTHAI PORTIOR
OF LAWRENCE ROAD RIGHT OF WAY ABUTTING THE WEST PROPERTY LINE OF THE SUBJECI PROPERTY.
MEMORANDUM
Carmen Annunziato
Planning Director
~.;~ Don Jaeger
'( Chief Inspector
Building Department
June 16, 1987
Master Plan Review:
Lawrence Groves
Lawrence Road
(Second Review)
The following comments are generated from the conceptual master plan
drawings submitted for preliminary review.
e
City Code discourages double frontage lots. If these lots are
approved, there must be an adequate buffer provided, meeting all
Code requirements, between the lots and the collector road.
The recreation area will require a separate site plan review.
Consult Appendix A-Zoning, Section 11, H-16 e.12 of the Boynton
Beach~Code of Ordinances for parking requirements.
Landscaping for all common areas must be reviewed and approved by
the Community Appearance Board. Ail common landscaped areas and
landscaped areas in the right-of-way must be fully sprinkled.
There is a small parcel of land at the northeast section of the
property, just north of the L-19 Canal, which is not contiguous to
the development. Indicate how the parcel will be treated when the
project is developed.
Notes:
J .
Street names and building numbers must be reviewed by the Building,
Fire, and Police Departments as well as'the Post Office.
Entry wall signs must be submitted for staff and City Commission
approval.
Structure setbacks from property lines and distances between
buildings must comply with Table 600 of the 1985 Edition of the
Standard Building Code.
Permits must be secured from the South Florida Water Management
District and the Lake Worth Drainage District.
DJ:bh
XC: E. E. Howell
Don Jae~ 0
ADDENDUM C3
MEMORANDUM
TO:
Carmed AmnUnziato, City Planner
April 23, 1987
RE: Annexation Requests; Lawrence Groves & Citrus Glen
Upon review of the subject properties consideration should be given
-to providing a neighborhood park which will service these developments
as well as other residential areas currently developed or to be developed
in the ~ediate vicinity.
As t~e School Board is considering purchase of an 18 acre site
between these developments and a 26 acre uhdeveloped parcel is adjacent
to the school site, an opportunity exists to acquire a portion of the 26
acre site, and with the cooperation of the School Board, develop a '
school/park complex.
.... Acquisition and development funding for such a project would come
from the Lmnd Dedication Trust Fund. The subject developments will be
required to provide fees in lieu of land per our subdivision regulations
which woui~ be applied to these costs. Operation and maintenance costs
for the new park site would be funded from the general fund and would
add to the. Park Division's budget requirements. Exact annual costs will
depend upan~ final size and design and use of the site.
The gevelopment of school/park sites is consistent with our
comprehensive plan recommendations and goals.
Charles C. Frederick, Director
Recreation & Park Department
CCF:pb
Attachments
CC:
John Wildner, Park Supt. w/att.
ADDENDUM CS,
TO:
MEMORANDUM
June 16, 1987-
Carmen Annunziato
City Planner
-April 1, 1987, Land Use Amendment Applications
I have reviewed the' applications and legal documents
provided to me by your April 15, 1987 Memorandum dealing
with Boynton Beach Village Center, Lawrence Groves and
Citrus Glen. After evaluating the documents with regard to
their conformance with Section 6.F.3 of Appendix A, and
Section 6 Appendix B Planned Unit Development Regulations
..... (re~ements of unified control), I believe that all of
the documents provided establish that the unified control
requ~ements have been met.
Raymond A. Rea
i ~- City Attorney
RAR/ras
Enc. - Original Documents Attached
cc: City Manager
~D. DENDUM C6
. BOYNTON BEACH STAFF COMMENTS
Building:
Police:
Public Works:
Fire:
Personnel ~nd Purchasing:
Utilities:
For this department, there is no
direct tie to evaluate budget
impact. However, any project of
size will impact needs for people.
DeveloPments of this size~'~re part
of this department's overall growth
plan.
The combined developments of
Citrus Glen and Lawrence Groves
will result in the following
expenditure:
Salary increase: 3 x 18,268= 54,804
Operating and Maintenance:
3 x 153 = 459
Capital Outlay:
I rear l°adpacker=85,0~0
.ConsideratiOn should be given
toward the extension of Miner
Road at the earliest possible
convenience for proper access.
We currently use either. N.W. 22nd
Avenue or Hypoluxo Road which
causes some delay in response time.
The Personnel and Purchasing staff-
ing would-be directly impacted by
this annexation contingent upo~
how many additional employees,
supplies, and equipment is needed
by the rest of the City. If we are
told the total numbers, we can pro-
vide a definite response.
The Utility Department is strictly
revenue supported. As such, anti-
cipated revenues will offset in~
creased outlay for salaries and
operation and maintenance
personnel. The developer will have
to pay all appropriate capital
facility Charges and his fair share
of existing off-site utilities.
AQDENDUM C7,
Mr. Carmen Annunziato, AICP
City of Boynton Beach Planning Dept.
200 N. Seacrest Blvd.
P.O. Box 310
Boynton Beach, FL 33435
Re: Citrus Glen/Lawrence Grove Annexations
Dear
The County Planning Division staffhas found the requested
density proposals of 4.82 du/ao to be consistent with the 'density
range-of 8-12 du/ac, (Medium-Medium High Residential) permitted
for the Sites'in the County Comprehensive Plan.
The following table and ~ttached map will summsrize the
surrounding .developments to help give your staff an idea of the
development =haracter of the area.
Name of
DeveloDment
Homes at Lawrence
Manor Forest
Sausalito Groves
SandpiperCove
Whispering R!nes
Mobile Home Park
Land-Use
~ateqory_ Zon~ Density
L - M RS/PUD 4135 du/ac
L - M RS/PUD 4,58 du/a=
M - MH RM/PUD 6,5 du/a=
M - MH RM/PUD 8,0 du/ac
M - MH AR 6.69 do/ac
Sunny South
Mobile Home Park
M - MH
RS
Please contac% our office at 697-400I if
information o-nthis matter.
Respectfull.7,
we can provide further
RF~: RW :st FiLE: GEN4/ANNUNZIA
3400 BELVEDERE ROAD : %VEST PALM BEACH, FLORIDA 33406 . (305) 47I-~520
-- ADDENDUM C'.~
A. Roberts, Chair ·
M. Adams, Vice Chairman
T.,Marcus
Elmquist
Dorothy Wilken
April 30, 1987
Mr. Carmen S. Annunziato, AICP
Planning Director
City of Boynton Beach
200 S. Seacrest Boulevard
P.O. Box 310
Boynton Beach, FL 33435
SUBJECT: ~£ITRUS GLEN/LAWRENCE GROVES
REVIEW OF TRAFFIC IRPACT ANALYSES
Dear Mr. Annunziato:
Palm Beach County 'Traffic Division staff has reviewed traffic impact'
analyses which you sent to us for the subject developments. The following
comments are submitted for your consideration:
1) Dedication of right-of-way'should be required in accordance with the
County's Thoroughfare Right-of-Way Protection Map. Lawrence Road
requires an 80' right-of-way and Miner Road a 108' right-of-way.
2) Turn lanes on the internal collecter roadways and all main development
accesses should be required in accordance with the traffic studies you
sent us.
3) Since Min~r Road is required for site access and traffic distribution,
the segment of Miner Road adjacent to the site should be constructed
by the developer as a two lane cross section in accordance with County
standards and over an alignment that will connectwith the segment
committed to the east.
4) Payment of traffic impact fees should be required in accordance with
Palm Be~.~ County Ordinance #85-I0.
The opportunity to review these land develo'pment traffic impact analyses is
appreciate& Please do not hesitate to contact me or Mr. Allan Ennis of my
staff if you.have any questions.
Sincerely,
OFFICE OF. THE COUNTY ENGINEER
Charles R. Wa~Iker, Jr., P.E.
Direct_, Tr~f'fic Division
C R,j/A~a~?Sd '
File: Municipalities "Boynton Beach" '
"An Equal Opportunity - Affirmative Action EmplOyer"
BOX 1989 WEST PAI. M BEACH, FLORIDA 33402-1989
ADDENDUM C9