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O84-57AN ORDINANCE OF:THE CITY COUNCIL 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 U.NIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.00; PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council 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 WHEREAS, the City Council of the City of Boynton Beach, Florida, simultaneously herewith adopted an Ordinance annexin~ a parcel of land more particularly described herein into the City limits of said City; and WHEREAS, the owners and agents of' the property have requested the above-mentioned zoning classification; and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development and has recommended approval thereof; and WHEREAS, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zbning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, 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 (LUI) of 5.00, which intensity is determined to be appropriate under the circumstances represented to the City in said applicati¢ and is conformity with the Comprehensive Plan of the City of ~- Boynton Beach, Florida. Said land is more particularly described as follows: The east ½ of the west ½ of the northwest ¼ of the northeast ¼ and the west ½ of the east ½ of the northwest ¼ of the north- east ¼ of Section 7, Township 45 south, Range 43 east, Palm Beach County, Florida, less the north 108 feet thereof. SUBJECT TO easements, reservations, restrictions and rights-of-way of record. Said parcel containing 17.695 acres, more or less. 'R~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOV~BER 20, 1984 'PUBLIC HEARING 'APprove re element of and undeVe unit d~vel south side Avenue. Ti Whalen, Mr. AnnUnziato annex~ rezone land as ~uest to annex, rezone and amend the land use a 17.7 acre tract of land currently vacant loped to permit the..development of a planned Dpment to be known as Lakes of Hypoluxo on the of Hypoluxo Road, 1506 feet west of Congress ~ese requests were submitted by Richard ~nt for Walter H. Janke. informed the Council this is a request to ~d amend the land use element to show annexed ~'sity residential and he explained the loca- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 20, 1984 tion. He further explained that this property meets the Comprehensive Plan'conditions for annexation. He told about the development planned. Comments from the city staff have been submitted. Included in his comments are the comments from the County Traffic .Engineer. As proposed, the number of units exceeded the low density category; however, with the criteria placed, the applicant will drop under and fall into the land use category. Mayor Zimmerman referred to the other two pockets in this area annexing and Mr. Annunziato replied that he did notify the property owners to the east and west. He did have a followup conversation with the property owner to the east, who has a nursery,-and he was not interested in annexation, but does recognize his future is with the City of Boynton Beach. The property owner to the west had very little com- ment. Mr. Annunziato continued that Hypoluxo Road does form the north limits of the reserve annexation area and the city wraps around on the south and goes to Lawrence Road. Councilman Warnke referred to this presently being agri- cultural and Mr. Annunziato agreed that is the present zoning, but it is not being used for agriculture purposes. Councilman Cassandra questioned if the increase in .frontage to 55 ft. would still allow 87 units and Mr. Annunziato informed him it would decrease to 75 units and approval is recommended subject to staff comments. Mr. Chris Hurst, Paramount Engineering Group, showed a print with the 55 ft. lot frontages requested and pointed out the number of lots would be 78 with a gross density of 4.4. Councilman Cassandra asked if he was in agreement with all the staff comments and Mr. Hurst replied affirmatively as he doesn't believe anything will present a problem. Mayor Zimmerman ascertained there was nobody present in the audience wishing ~to speak either in favor or opposition to this request. Councilman Cassandra moved to approve this based on the Planning & Zoning Board's unanimous recommendation subject to staff comments. Vice Mayor FerreL1 second:ed the motion. Under discussion, Councilman Cassandra read Item 6 on Mr. Annunziato's memo and suggested possibly including a certain number of years to give a general t~me that we will recoup our service. He suggested possibly adding an additional item noting our water supply is still adequate at the pre- sent moment. - 9 - REGULAR CITY ~COUNCIL MEETING B©YNTON BEA~q_,~FLORIDA NOVemBER 20, 1984 Councilman ~arnke stated this is another example Of 17 acres of reserved agriculture land being changed to development. He personally cannot see this and is going on record__not in favor of annexing or converting any more land from agri- culture to development. Councilman Cassandra responded that there is nothing wrong with Mr. Warnke's statement, but it would be an conflict with rounding off our boundaries. Councilman Warnke stated he did not see any aesthetic value of rounding off the boundaries and the voters also said not to annex. Vice Mayor Ferrell clarified that the voters ~approved rounding off the boundaries and also, this is not being used as agriculture. Motion carried 4'1 with Councilman Warnke dissenting~. - 10 - ~MiNUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13 1984 NEW BUSINESS A. PUBLIC HEARINGS ANNEXATION 1. Project Name: Agent: Owner:" Location: Description: Lakes of Hypoluxo Richard Whalen for Contemporary Community Concept Corporation Walter H. Janke Hypoluxo Road, south side, 1500 feet west of Congress Avenue Annexation of a 17.7 acre tract of land, currently vacant and undeveloped, to permit the deVelopment of a Planned unit Development LAND USE ELEMENT AMENDMENT AND REZONING~ Se Project Name: Agent: Owner: Location: Description: Lakes of Hypoluxo Planned Unit Development ~ Richard Whalen for Contemporary Community Concept Corporation Walter H. Janke Hypoluxo Road, south side, 1500 feet west of Congress Avenue Request to show annexed land as Low - 2 - .MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOV~HBER 13, 1984 Density Residential and to rezone from AR Agricultural Reserve to-a Planned Unit Development with Land Use Intensity = 5 to permit the development of 85 zero lot line, single family residential units Because these two hearings were related, Chairman Ryder said t.he Board would take them together but vote on them separately. Chairman Ryder said this is on the northerly limits of the current corporate limits and is in a County unincorporated pocket. This is off the corner of Hy.poluxo and Congress Avenues. Mr. Annunziato read his Memorandum, dated November 6, 1984, which was add-reseed to the Board. Under the Comprehensive Plan Policies, paragraph 2, page 3 of his memo, Mr. Annunziato read Exhibit B. He also read the "Comments on Annexation" from the Recreation and Parks, Police, Building,' and Personnel and Purchasing Departments. To paraphrase the comments-of Robert Flanagan, Senior Planner, County Planning Department, in his letter of October 4, 1984, Mr. Annunziato said they anticipate that the proposed development will be consistent with the County Land Use Plan for this area. in terms ~of.density and asked the Board to be concerned about traffic on Hypoluxo Road although they note that Performance Standard No. 3 con- cerning major thoroughfares should be addressed. As a part of that, Charles R. Walker, Jr., County Traffic Engineer, wrote a letter to Mr. Annunziato, dated October 9, 1984~ recommending that the project be assessed a fair share impact fee based on the current rate of $300 per single family unit and that they ~be required to construct a left turn lane, east approach on Hypoluxo Road at the project's entrance. The letter also stated no impact fee credit should be given for the construction as it is ~site related. Mr. Cannon showed the'site plan on the overlay. Mr. Annunziato said Canal 18 separates the project from Hypoluxo Road. The applicant is proposing to extend a private road into the site, terminating into a 1pop road with four cul-de- sacs and drainage ponds Mr- ~Annunziato read the Planning Department's recommendation that the rezoning request-be approved subject to staff comments, which appeared as Exhibit C. He read the comments from the Building, Utility, Recreation and Parks, and Planning De~partments. - 3 - 'MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~, FLORIDA NOVemBER 13, 1984 Mr. Annunziato said utilities will exist in the near future west, eastw and south. The Meadows 300 PUD will hav~ major utilities' finds' systems in the public roads with easements platted to the north. Also, on Lawrence Road, there are major sewer 'and water facilities which serve the high school. In paragraph "b, of the Planning Department's comments, Mr. Annunziato added, "and front lot line;" With reference to paragraph "c~.w he said they have found in some of the zero lot line projects that they have had there is not an ample opportunity for the end home owner to utilize his property for things like screened porches and pools. By increasing the width of the lot to 55 feet, they could then have a 40 foot wide house or structure and still have ample room for screened porches. They were originally requesting 45 feet. Chairman Ryder thought that was an important observa- tion. Mr. Annunziato said the staff recommendation is that the annexation be approved and that the zoning be approved sub- ject to staff comments. Six reasons were listed for the recommendation. Mr. Hester asked if they were going to approve with the increase in density. If the Board adopts the recommendation of 55 feet, Mr. Annunziato thought the applicant would lose enough units'to bring them below and into this category. Christopher V. Hurst, P.E., Vice President of Paramount Engineering Group, 350 Camino Gardens Blvd., Boca Raton, Florida 33432, broUght a sketch plan which addressed the questions Mr. Annunziato addressed regarding the minimum lot sizes and setbacks. The plan reflected 55 foot widths on the lots. The depth of the lots was 105 feet, which was the same as it has been. With the 55 foot wide lots and the rest of the-requirements they would be meeting, Mr. Hurst said they should be able to make the 25 foot front and rear setbacks. ~hey are attempting to conform to the points raised by the Planning Department.. ~ Mr. Hurst informed Chairman Ryder that, at Present, the streets are proposed to be private. They are 50 foot right- of-ways. The density is alSo somewhat reduced. Mr. Hurst believed the-analysis was based on 85 units and now there will be 78 Knits. The plan Mr.~>HUrst had also addressed the question raised about the e~trance. The entrance was relocated to conform to the existing median cut. Chairman Ryder asked if that was to facilitate the lefthand turn. Mr. Hurst replied that - 4 - ~MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 the existing ~median cut is for a road on the north side of Hypoluxo, so they would not be able to move it because they would block off the road. Chairman Ryder asked if anyone else wished to-speak in favor of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. . 'Chairman Ryder recognized the presence of Councilman Samuel Lamar Wright, who entered the meeting at 7:55 P. M., and said the Board was-honored to haVe the entire City Council present. Motion on Annexation Mr. Linkous moved, seconded by Mr. Schultz, to approve the annexation. Motion carried 7-0. Motion on Land Use Element and Rezoning Mr. Hester moved, seconded by Mr. Linkous, to approve the land use element and rezoning subject to staff comments. Motion carried 7-0. - 5 - COMMENTS ON ANNEXATION Recreation and Parks: The'seven acre park approved and dedicated as a part of the Meadows-500 Planned Unit Development is within one-hal'f mile of'this property and it will serve these new residents. Police: This request is .to be considered as a part of the overall 'westward expansion of the City.and our manpower requirements are budgeted on an annual basis. Building: This project should not unduly burden this department at this time. Personnel and Purchasing: As 'with ali annexations, if services are increased the Personnel and Purchasing departments will have to process additional people if needed by affected departments~ Also, any equipment or services purchased Will be processed by the Department. Board of County CommiSSioners Ken Spillias, Chairman -~ ~ Dorothy Wilken, Vice chairman~~%-2~ Pe~oy B. Evatt aN Koehler Bill Bailey County Administrator /ohn C. Sansbury of Planning, Zoning, & Building Director October 4, 1984 Mr. Carmen S, Annunziat° Planning Director City of Boynton Beach 120 N.E. 2nd Ave. Boynton Beach, Florida. 33435-0310 Re: Proposed Lakes of Hypoluxo'P.U.D., South Side of Hypoluxo Road, Between Lawrence Road and Congress Avenue, Consisting of 17.7 Acres Dear Mr, Annunziato: The abov~ referenced Lake's of Hypoluxo residential project proposed for the Hypoluxo Road area is described in the · . attached legal description. The project's site plan submitted to this office for our review-showed a total of 85 lots on the 1717 acre.site which results'in a gross density of 4.8 units per acre. This proposed density figure of' 4.8 is within the maximum permitted density for this particular location according to the-Palm. Beach County Land. Use Plan. The County's land use category for this site will allow a Low to Medium residential density of up to five dwelling units per acre_i.~.::a. Planned Unit Development dependant upon mandatory compliance with the Plan's Performance Standards. Consequentially, the County does not object to the proposed density as such, but the County is especially concerned about ~ne Plan's Performance Standard No. 3 - ~ajor Thoroughfares. In particular, the County requests that the review of this residential project carefully consider the impact of these additional 85 units upon the ability of Hypo!uxo Road, Lawrence Road and Congress Avenue to handle the increase in traffic generated by this.project. 3400 BELVEDERE ROAD . WEST PALM BEACH, FLORIDA 33406 (305)· 471-35z0 Mr. Carmen S. Annunziato October 4, 1984 Page 2 If you have any questions, please contact our office. RF:cjs Encl. Robert Flanagan Senior Planner County Commissioners Spillias, Chairman Vice Chairman r B. Evatt Dennis Koehler CoUnty Administrator John C. Sansburf Department of Engineering - and Public Works H. F. Kahlert County Engineer October 9, 1984- 'Mr. Carmen S. AnnUnziato Director of Planning City of Boynton Beach . 120 N.E. 2nd Avenue Boynton Beach, FL 33435 SUBJECT: Proposed Lakes of Hypoluxo, P.U.D. pLANNIixG D£PL g. Annexg6ion Dear Mr. Annunziato: As per your request, this office has reviewed the Lakes of Hypo!uxo master plan for traffic considerations. Given the number of lots proposed, it is my opinion that this develol~nent would create less than a significant impact and therefore, would not trigger the traffic performance standards of the comprehensive plan. ConsiStent witch Past practices, it is my recommendation this project be assessed a fair· share impact fee based on the current rate of $300 00 per single family unit. ' ' It is also recommended that this project be required to construct a left turn lahe, east approach on Hypoluxo Road at the project's ~ntrance. No impaCt fee credit should be given for this construction as it is Site related. I would also. suggest that you contact our Planning Division for their input on this matte~. The opportunity to comment is sincerely appreciated. sincerely, Charles R..Walker, Jr., P.E. Director, Traffic Division CR~.ASH:ks cc: Dick Morley - Planning Division BOX 2429. WEST PALM BEACH, FLORIDA 33402 (305) 6844000 Building Department: · Utility Department: Recreation and - Parks: See attached memo. See'attached memo. Recommended fee in lieu of land for recreation and Parks dedication purposes. Planning Department: 1. In order to reduce site congestion the following site design criteria are recommended: a. No structures are to be constructed closer than fifteen (15) feet to a side lot line; b. No' dwelling units are to be constructed closer than twenty--five (25) feet to a rear lot line or front lot line; and, ~. c. The minimum lot ~rontage is to be increased to fifty-five (55) feet in order to allow more usage of the zero lot line side yard. 2. The comments listed in the County Traffic Engineer's letter of October 9, 1984 should be required. Carmen Annunziat o City Planner FROM Bob Donogan Chief Plans Check Inspect ~ inform at ion. LAKES OF hX~OLUXO ~ . DATE: 10-I la8~ Upon review of the above.menti°ned site-plan, be advised of the ~ z~ ~n=o~ow-'-g The conceptuaI, bUilding footprint plan should show roof line and building areas. Roof lines must be shrx~n not encroa?hing the 0 (zero) property line, or specia1 overhang eaSements platted. PLEASE REPLY TO ~ EPLY SIGNED B. Donovan '//"- SIGNED --.FI'EM it F~-9- e WHEELER GROUP lNG. TO: Mr. Carmen Annunziat0' City --Planner !~__kes of Hypoluxo MEMORANDUM NOvember 2, 1984 " At~%ched%o run a is12.a copy of a letter from Paramount Engineering, comnitting them credits, water line westward to Lawrence Road and t~king the appropriate cm~ Attachment Perry A. Cessna, Director of Utilities Mr. Perz~/ Cessna City of'Boynton Beach Utilities Department 120 N;~, Second Avenue Boynton Beach, Flor£da - i' "Odan~.Ftonda. NewYOrk. New York .. Roc~hester, NewYork. ' ' Si~Oer Spring. Mawia~ t;G4801 RE: LAKES OF HYPOLUXO October.26, 1984 Dear Pe~ry: Pe~ ou~ d~scussion_this morning, th~s ~s - Hypoluxo projec~ ~ill connect ~- ~-u~- exzs' ~ conf~rm ~hat the Lakes of Road vza the zns~al~a~io~ ~' . ~Zng ~atermain in La~ren~ In the event that:an alternative method'of obtaining uate~ From the City oF Boyn~on Beach lades is expected to be used~ we uil~ meet change-With you~ offf&ce ~o .°brain YoUr a~p~ova] beffore ~1nal±zing such a Thane you very muCh fo~ your aSsiskance on thi~ mallet and p!ease cai1 ~ ~¢ you. should haveany questions. CVH/kb Ye~y t~uly yours, PARAHOUNT .ENGZNEERZNG CROUP Vice P~'.~side;~ ' ' CC: D~ck ~halen ~onners