O83-24ORDINANCE NO. 83-~.~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE NO.
80-19 OF SAID CITY BY REZONING A CERTAIN
PARCEL OF LAND WITHIN THE CITY OF BOYNTON
BEACH FROM R-3 (MULTIPLE FAMILY DWELLING
DISTRICT) TO PLANNED UNIT DEVELOPMENT
WITH A LAND USE INTENSITY OF FOUR, SAID
PROPERTY BEING MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR A SAVINGS CLAUSE;
REPEALING PROVISION; AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Boynton~
Beach, Florida, has heretofore adopted Ordinance No. 80-1g,
in which a revised zoning map was adopted for said City; and
WHEREAS, the Tara Development Group, Inc., has
heretofore filed a Petition with the City of Boynton Beach,
Florida, pursuant to Appendix A, Section 9, Paragraph C of
the Code of Ordinances of said City, for the purpose of
rezoning certain property consisting of approximately 37.5
acres, located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-3 (multiple family dwelling district) to Planned Unit
Development (PUD) district with a land use intensity of
four, as more particularly set forth in said application and
plans, and the specifications relative thereto, all of which
items are now on file in the office of the City Planner;
and
WHEREAS, the Planning and Zoning Board of the City
of Boynton Beach, Florida, has heretofore approved said
development plans and specifications and has recommended
approval thereof by the City Council subject to certain
conditions; and
WHEREAS, the City council deems it to be 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 COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the aforesaid land described in
Exhibit '"A" attached hereto and made a part hereof be and
the same is hereby rezoned from R-3 (multiple family
dwelling district) to Planned Unit Development (PUD) with a
land use intensity (LUI) of 4.0, which intensity is deter-
mined to be appropriate under the circumstances represented
to the City in said application, and is in conformity with
the Comprehensive Plan of the City of Boynton Beach,
Florida.
Section 2: The aforesaid Revised Zoning Map of the
City shall be amended accordingly.
Section 3: That the application of Tara
Development Group, Inc., for rezoning of the subject pro-
perty is hereby granted for the purpose of permitting the
development of said land as a Planned Unit Development (PUD)
specifically in accordance with the development plans and
specifications therefore now on file with the Office of the
City Planner in 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 Council of the City of Boynton Beach pertaining to
the review and approval of said application, which minutes
are hereby made a part hereof for reference and staff com-
ments are attached hereto as Exhibit "B".
Except as provided herein, the applicant shall
proceed in strict accordance with all ordinances of the City
of Boynton Beach, including but not limited to its buildings.
electrical, plumbing, subdivision, planning and zoning
codes~ and all rules and regulations of the State of
Florida, Department of Environmental Regulations. In satis-
faction of the recreation dedication requirements of the
City Ordinances, this approval incorporates a payment by the
Development consistent with the City Planning and Zoning
Board approval.
Section 4: That should any section or provision of
this Ordinance or any provision thereof be declared by a
court of competent jurisdiction to be invalid, such deCision
shall not affect the remainder of this Ordinance.
Section 5: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 6: This Ordinance shall become effective
immediately upon its passage.
FIRST READING this
1983.
day of
SECOND READING AND FINAL PASSAGE this
~~~ , 1983.
CITY OF BOYNTON BEACH, FLORIDA
Vice
Member ~/
~ounc~~~'~
ATTEST:
(Corporate Seal)
LEGAL DESCRIPTION: HOUSING PARCEL
A parcel of land in Section 3'0, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows:
Commencing at the Southeast corner of said section 30; thence
N 0°51'37'' W. along the east line of s'aid section 30, a distance
of 40.0 feet; thence S 88°22'15'' W along a line lying 40.0 feet
north of and parallel to t'he south line cf said section 30 a dis-
tance of 495.08 feet to the point of beginnmng; thence continue
S 88o22'15'' W along said parallel tine-a distance of 1780.36 feet;
thence N 0°33'17'' W a distance of 845.00 feet; thence N 88°22'15''
E, a distance of 430.00 feet; thence S 88o35'55" E, a distance of
1340.36 feet; thence S lO20'08" E, a distance of 774.00 feet to the
point of beginning. Said lands sinua~e, lying and being in Palm Beach
County, Florida, containing 33.330 acres, more or less.
LEGAL DESCRIPTION: ROAD-RIGHT-OF-WAY
A parcel of land in Section 30, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows:
Commencing at the Southeast corner of said Section 30; thence
N 0o51'37" W along the East line of said Section 30, a distance
of 40.0 feet; thence S 88°22'15'' W along a line lying 40.00 feet
North of and parallel to t~e South line cf said Section 30 a dis-
tance of 50.00 feet to a point on the West Right-or--fay line of
Congress Avenue; thence N 0° 51'37" W along said West Right-of-Way
line, said line lying 50 feet West of and parallel to said East
line of Section 30, a distance of 768.00 feet to the Point of Be-
ginning; thence S 89o08'23'' W a distance of 451.46 feet; thence
N 88o35'55'' W a distance of 1340.36 feet; thence S 88°22'15'~ W
a distance of 430.00 feet; thence N 0o33'17" W a distance of 80.01
feet; thence N 88o22'15'' E a distance of 430.62 feet; thence
S 88o35'55'' a distance of 1340.87 feet; thence N 89°08'23" E a
distance of 94.25 feet to a point of curvature; thence along the
'arc of a curve to the left, having a radius of 1960 feet~to a point
of reverse curvature; thence along the arc of a curve to the right
having a radius of 2040 feet and a central angle of 2o46'50'', a
distance of 99.00 feet to a point on said West Right-of-Way line of
Congress Avenue; thence S 0°51'37'' E along said West Right-of-Way
line a distance of 107.56 feet to the Point of Beginning.
Said lands situate, lying and being in Palm Beach County, Florida,
and contain 4.165 acres, more or less.
EXHIBIT "A"
STAFF COMMENTS
~Planning Department:
Utilities:
Recreation and Parks:
Subject to Memo
Subject to Memo
Subject to Memo
TO:
FROM:
DATE:
MEMORANDUM
Chairman and Members
Planning and Zoning Board
Carmen S. Annunziato
City Planner
July 5, 1983
Proposed Tara Lakes PUD
Please be advised that on Tuesday, July 5, 1983 the
Technical Review Board (TRB) met and reviewed the proposed
Tara Lakes PUD in a pre-hearing conference format with the
developer's engineer, and recommends approval of the proposed
PUD, subject to the following comments:
The developer is to construct a right-turn lane
north approach of S.W. Congress Boulevard extended.
Twenty-two feet of pavement must be provided at the
cul-de-sacs.
e
Nineteen additional parking spaces are required for
the recreational area proposed.
Ail construction in the Congress Avenue right-of-way
must be bonded.
e
An area of stabilized sod should be provided con-
necting the cul-de-sacs at the recreation area.
One additional fire hydrant should be provided at
the recreational facility.
Subject to County Traffic Engineer's memo which
accompanies this correspondence.
/bks
Carmen S. Annunz~to
City Planner
Board of County Commissioners
Peggy B. Evatt. Chairman
Ken Spillias. Vice Chairman
Dennis P. Koehler
Dorothy Wilken Received
Time
County Administrator
John C. Sansbury
Department of Engineering
and Public Works
H, F. Kahlert
County Engineer
June 20, 1983
Mr. Carmen S. Annunziato, City Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
SUBJECT: Tara Lakes, P.U~D.
Dear Mr. Annunziato:
This office has reviewed the traffic statement and site plan for
the subject development and has the following comments:
1. This project should construct a left turn lane, south
approach, on Congress Avenue at the project's entrance.
The traffic statement indicates this turn lane can be
accomplished by restriping the existing pavement.
Our field inspection, however, indicates that the construction
of additional pavement will be required°
2.. "Fair Share" impact fees should be collected on a per unit
basis at the time building permits are issued.
3. The cost of signalizing the intersection of SW Congress
Blvd. and Congress Ave. should be borne by this development,
with the signal being installed, when warranted, as
determined by the County Engineer.
It should be noted that the segment of Congress Avenue on which this
project fronts is recommended for incluSion in the County's proposed
two cent gasoline tax road improvement program.
Impact fees collected from this development could, pending the
outcome of ongoing litigation, be applied toward this road project.
The opportunity to comment is sincerely appreciated.
BOX 2429 WEST PALM BEACH, FLORIDA 5~3402 (305) 684-4000
If you have any questions or require additional information, please
do not hesitate to contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Charles R. Walker, Jr., ?.E.
Director, Traffic Division
CRW:ASH:lb
MEMORANDUM
TO:
Mr. Carmen Annunziato,
City Planner
RE: Tara Lakes
July 6, 1983
As Mr. Cessna has requested; the loop water main for Phases
I & II will be required for the utility construction of
Phase I. The reason for this is that in the past projects
have been constructed in phases, and if construction does
not proceed with Phase II, we would have customers in
Phase I on very long dead end lines. These dead end lines
are difficult to maintain a chlorine residual because the.
water does not circulate. The other item is the possibility
that proper fire flow may not be available because of these
dead end lines.
Please advise if more detailed information is required.
cc: Mr. Perry A. Cessna,
Director of Utilities
Mark G. Law,
Utility System Supervisor
~'~' Carmen Annunziato
TO City Planner
FROM
John Wildner
Park Superintendent
Tara Lakes P.U.D.
DATE:__7_Z6J. a3.
Upon review of the development subject to our 'land dedication ordinance, the
public dedication required is:
143 Single Family Residential Units ~ .018 acres = 2.57 Acres
I recommend that the development not receive one half(~) credit for private
recreation facilities provided.
I further recommend that fees in lieu of land be provided by the Developer~
pm/
cc: C. Frederick
Rec. & Parks Director
L PLEASE REPLY TO · SIGNED
PLY /~
DATE:
ITEM # F269 '~ WHEELER GROUP INC.
SIGNED
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA JULY 19, 1983
Mr. deLong moved to revert to the regular order of business,
seconded by Mr. Cassandra. Motion carried 5-0.
PUBLIC HEARING - 8:00 P.M.
Rezoning
Project Name:
Agent:
Owner:
Request:
Location:
Description:
Tara Lakes Planned Unft Development
D. M. Ambrose Associates, Inc.
High Point of Delray Builder No. 2, Inc.
Rezone from R-3, Multi-family Residential
to a Planned Unit Development with a Land
Use Intensity = 4.0
West of Congress Avenue, South of
Southwest Congress Boulevard extended
Residential development providing for
the construction of 143 detached, zero
lot line, single family units on 38 acres
Mr. Cannon informed the Council this application for
rezoning from the present R-3 designation to PUD was
reviewed by the Planning & Zoning Board and after a public
hearing, the Board recommends this rezoning request be
approved subject to staff comments. He explained the loca-
tion and access to the site. He also pointed out how it
would be developed in two phases.: The Planning & Zoning
Board's approval, in addition to staff comments, included
elimination of a tennis court and addition of another lot.
In reference to staff comments, memos have been submitted by
the Utilities Department, City Planner, and Recreation &
Parks Department. He summarized that this is a straight
forward subdivision with single family lots with zero lot
lines.
Councilman deLong suggested resolving the fee on recreation
and Mayor Warnke replied that the Recreation Department
agreed to elimination of the tennis court. Mr. Cannon
clarified that if a developer provides a package of five
major recreation facilities, he can get one-half credit. In
this case, the Recreation Department did not feel the faci-
lities were adequate for this.
Mr. D. M. Ambrose came before the Council and advised it was
their understanding in the staff meeting prior to the
Planning & Zoning Board meeting that they would not get one-
half credit for the recreation and parks fee. During the
- 7 -
REGULAR CITY COUNCIL ~[EETING
BOYNTON BEACH, FLORIDA
JULY 19, 1983
staff meeting, they asked if the staff would be in favor of
the deletion of a tennis court to recapture one lot in that
they agreed to pay the entire recreanion fee. The staff had
no problem with that request and the Planning & Zoning Board
did not either and it was unanimously approved. Mayor
Warnke questioned what kind of money we were talking about
and Mr. Ambrose replied that his recollection was the parks
and recreation fee was somewhere around $36,000.
Mr. Ambrose then explained the plan and pointed out that
they have tried to develop a great deal of open space. This
is a request to downzone to less than four units per acre.
It is the developer's belief that one of the most needed
housing units in the marketplace are attractive homes in
attractive surroundings in the affordable single family
range. They have been working with the staff for several
months. Their time frame is immediate. They are already
into final designs. As soon as the requirements of the City
are met, the developer intends to start models. They hope
this is a lovely development that will be available to resi-
dents and future residents of Boynton Beach in the next
season. Councilman Cassandra questioned what the affordable
single home price range would be approximately and Mr.
Ambrose replied in the $60,000 to $70,000 range.
Vice Mayor Zimmerman asked if these would be sold as a fee
simple arrangement on lots and the buildings with a
homeowners' organization and Mr. Ambrose replied affir-
matively as it is a fee simple plat with fee simple lots and
a homeowners' organization will take care of the common
lands, lake and activity areas. He added they will also
improve the intersection on Congress Avenue.
Mayor Warnke asked if anyone in the audience wished to speak
in favor or opposition to this subdivision and received no
response. He then declared the public hearing closed.
Councilman deLong moved to approve the unanimous recommen-
dation of the Planning & Zoning Board with all staff com-
ments. Councilman Cassandra seconded the motion. Mr.
deLong also included the payment on recreation. No
discussion. As requested, Mrs. Boroni then took a roll call
vote on the motion as follows:
Motion carried 5-0.
Vice Mayor Zimmerman - Aye
Councilman Cassandra - Aye
Councilman deLong - Aye
Councilman Wright - Aye
Mayor Warnke - Aye
- 8 -
MINUTES - PLA~NING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
JULY 12, 1983
OLD BUSINESS
Set Workshop date to continue discussion and analysis of
proposed M-1 District Regulations .....
After discussion, it was decided that the Workshop would
be scheduled for Thursday, July 28, 1983, at 3:30 P.M.
NEW BUSINESS
PUBLIC HEARING
Rezonin9
Project Name: Tara Lakes Planned Unit Development
Agent: D.M. Ambrose Associates, Inc.
Owner: High Point of Delray Builder No. 2, Inc.
Request: Rezone from R-3, Multi-family Residential
to a Planned Unit Development with a Land
Use Intensity = 4.0.
Location: West of Congress Avenue, South of
Southwest Congress Boulevard extended.
Description: Residential development providing for
the construction of 143 detached, zero
lot line, single-family units on 38 acres+.
Chairman Linkous read the above information into the record.
An additional document received after the preparation of the
Agenda, was distributed. It contained a report from the
Water Management District on the project. For the purposes of
the presentation, Mr. Annunziato further defined the location
of the proposed project. He told the Board what the applicant
is proposing to build including facts regarding acreage and
zoning. This project was previously approved through the
Preliminary Plat level for High Point of Delray. There is
now a new purchaser.
The proposal is to build and develop this property as a PUD
and Mr. Annunziato noted the land use intensity. Access was
described including rights-of-way which Mr. Cannon pointed
out on the overlay. He also pointed out the recreational
pod proposed and the existing lake.
Mr. Annunziato stated that the proposal was reviewed by the
City Staff with a recommendation to the Planning and Zoning
Board for approval. He further noted the lot sizes, the
zero lot line and the overall gross density.
A memorandum of July 6, 1983 from Mark G. Law, Utility
System Supervisor regarding staff comments was read into
the record by Mr. Annunziato. At the advice of Mr. Cessna,
- 2 -
MINUTES - PLANNING AND ZONI~[G BOARD
BOYNTON BEACH, FLORIDA
JULY 12, 1983
the applicant will comply with the recommendations regarding
the water lines. Mr. Annunziato fully described this as well
as the sewage collection construction proposed.
The City Planner read and reviewed his memorandum of July 5,
1983 containing the Technical Review Board's seven comments.
The three comments contained in the memorandum of June 20~
1983, from the County Traffic Engineer, were also read by
Mr. Annunziato as well as comments regarding the two cent
gasoline tax and the impact fees.
The Recreation & Parks Department memorandum of July 6, 1983
from John Wildner,. Bark Superintendent, containing two re-
commendations, was also read by Mr. Annunziato with further
clarification. The additional memorandum received and pre-
viously distributed, from the Water Management District, was
read. After reviewing its contents, Mr. Annunziato provided
the Board with additional facts.
Mr. Annunziato answered questions from the Members of the Board
concerning a stacking lane, the size of the parcel and the
ingress and egress thereto.
Mr. D. M. A~rose, P.E., of D,M, Ambrose Associates, Inc~.,
6190 North Federal Highway, Boca Raton~ Florida, 33431,
appeared before the board and stated that his firm is the
planning and engineering consultant for Tara Development of
Coral Springs, Florida~ He provided some back ground informa-
tion about Tara for the Board. Mr. Ambrose referred to the
rezoning,the zero lot line mode and commented on the projected
handsome appearance and excellent quality of living that would
be provided. As such, he described the amenities and the
style of life suited to the proposed PUD usage.
Mr. Ambrose further advised that the applicant is totally
in accord with the staff's recommendations and the County
requirements. He told of discussions with Mr. Cessna and
relayed the subject matter of the day's conversation to the
Board. Mr. Ambrose elaborated on the progress regarding the
service water management permit and briefed the Board on the
results of a conversation today with the engineer of record
regarding ~he outstanding permit.
Mr. Ambrose made reference to the elimination of the tennis
court, the reduction of the original number of lots and the
monies being given representing full payment for the recrea-
tional area. After further explanation~ he stated that he
would like to have the Board's accord in the elimination
of the tennis court. The provision of an emergency route
within the project was described by Mr. Ambrose,
- 3 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
JULY 12, 1983
With only one request, that of the tennis court, Mr. Ambrose
declared the applicant's intentions to fill all other require-
ments. After describing the project with superlatives, Mr.
Ambrose advised that a display was set up in Chambers showing
the architectural plans of their three models. He invited
questions from the Board.
In response to Mrs. Bond's inquiries regarding Mr. Ambrose's
meeting with Mr. Cessna, Mr. Ambrose expounded on that and
said they would find no problem in whatever Mr. Cessna
dictates. In reply to Chairman Linkous' question, Mr. Ambrose
relayed the circumstances leading to the tennis court issue
during his meeting with Staff. Mr. Annunziato added details.
A discussion ensued as a result of Mrs. Bond's query, about
the number of units in the project, the density, etc.
As this was a Public Hearing, Chairman Linkous asked if
there was anyone in the audience wishing to speak IN FAVOR
of the rezoning.
Mr. George Cimis, 905 S.W. 17th Street, (Leisureville), came
forward. Mr. Cimis referred to media reading and after giving
the subject much thought he was deeply concerned about the acute
problem of water. "Piling up of development after development"
incited Mr. Cmmm-'--~---~s to question whether we have sufficient water
or would not be falling by the wayside like our neighbors in
Lantana having to truck in bottled water.
Mr~ Annunziato, City Planner, offered to respond to Mr. Cimis.
He told him that this is an ongoing topic and gave Mr. Cimis
numerous facts about the existing water plant facilities,
the current processes regarding construction of water wells
and the future plans for new facilities. Mr. Annunziato
assured Mr. Cimis that the City is not in a deficit situation.
Continuing with the Public Hearing, Chairman Linkous assumed
that the last respondent was against the rezoning, He asked
if there was anyone else in the audience wishing to speak
AGAINST the rezoning. There were no responses. THE PUBLIC
HEARING WAS CLOSED.
Mr. Hester moved that Tara Lakes Planned Unit Development
be granted rezoning subject to staff comments including the
elimination of the~tennis court and :the addition of one lot
in its place, thus adding one lot to the number of lots
shovm on the master plan. Mrs. Bond seconded the motion.
Mr. Wandelt expressed his concern about the water line.
A discussion ensued clarifying Mr. Wandelt"s concern.
After a vote on the motion, the motion carried 6-0.
-- 4