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O98-29ORDINANCE NO. 098-,~"7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ROLAND E. FOSTER AND CEILA M. FOSTER AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AGRICULTURAL RESIDENTIAL (AR) IN PALM BEACH COUNTY TO PLANNED UNIT DEVELOPMENT (PUD LUI = 4.0); 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, Julian Bryan of Julian Bryan and Associates, Inc., agent for Roland E. Foster and Cella M. Foster owners 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 consisting of 23.4 acres, said land being more particularly described hereinafter, from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development (PUD LUI 4.0); and WHEREAS, 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 forth. NOW, THEREFORE, BE IT. ORDAINED BY THE CITY -j=~'rrm~n rlTrlTrTmTm-1'7~ ~ FOSTER PROPERTY PUD ANNEXATION, LAND USE AMENDMENT AND REZONINR J DEVELOPMENT ORDER ,TY OF BOYNTON BEACH, FLOR, A, PROJECT NAME: Foster Property APPLICANT: Roland E. and Leila M. Foster APPLICANT'S AGENT: Julian Bryan APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: North of Miner Road between Lawrence Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before 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 administrative staff and the public finds as follows: ApplicatiOn for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "B" with notation ~lncluded'. The Applicant's application for relief is hereby ~ X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance wi~l~ the terms and conditions of this order. 7. Other EXHIBIT" B" Conditions of Approval Project name: Foster Property File number: LUAR 97-003 Reference: The plans consist of 5 sheets identified as 2nd Review, Land Use Amendment/Rezoning. File # LUAR 97-003 with a November 25, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS ..... INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: 1. Indicate space for mm around at entry gate (for vehicles that are denied X entrance or turned into the area by.mistake). This area needs to be prior to the entry gate. 2. The landscape plans show landscaping in the cul-de-sacs. The maSter X plan does not show anything in the cul-de-sacs. The police department recommends there be no' landscaping in the cul-de-sacs to allow for fire/emergency vehicle~ to make adequate turning and also prevent any visual hindrance of vehicles backing from driveways. ENGINEERING DMSION Comments: .." 3. Show a roadway section consistent with LDR, Chapter 6, Article IV, X Section 10.B.&T. 4. The cul-de-sac diameter shall be a minimum of 90 feet to the edge of the X pavement or curb line. [LDR Chapter 6, Article IV, Section 10.D.] 5. Provide a recent (6 months) fair market appraisal of the subject parcel to X determine the required fee in lieu of land dedication'for parks or recreational facilities. [LDR Chapter l, Article V, Section 3.A.2.e.(4)] The appraisal shall be submitted as part of your final plat submission. [LDR Chapter 5, Article V, Section 1.] 6. ~equired improvements (paving, drainage, water, sewer, etc.) to be X reviewed at time of submittal for plat. [LDR Chapter 5, Article V, Section 2.A. 1.] BUILDING DIVISION Comments: Page 2 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE REJECT 7. Either remove the word "Gazebo" from general note number 6 found on X the master plan or provide a perimeter setback for the passive park, water management tracts and buffers. It is recommended that the perimeter setback for the areas where a gazebo would be constructed be established at 10 feet. Reference same within note number 6. 8. Considering that the general notes identify, and the landscape plan shows X other structures (such as site walls and trellises to be located within the common area), remove the words, "trellis, playground equipment and irrigation pump houses" from general note number 6 and add a new note stating, "other structures shall comply with the regulations specified in Chapter 2, Zoning, Section 4.J of the city's Land Development Regulations". 9. Add a general note to the master plan indicating that there shall be no X building or any kind of construction placed within an easement without prior and proper written consent of all easement beneficiaries including all applicable city approvals as required for such encroachment. 10. To clarify the minimum lot frontage dimension, reword the minimum lot X size data as follows: "5900 square feet (50' X 100', typical). Fifty foot minimum lot frontage'measured at the 20 foot building sethaek line". 11. To ensure compliance with the maximum floor area ratio for the X proposed 4.0 Land Use Intensity (L.U.I.), add a category to the site area breakdown data that indicates the maximum floor area shall not exceed 2,081 square feet. If the Commission rejects this comment,'the applicant shall provide with each building permit application, a floor area breakdown' that provides computations indicating maximum floor area allowed, maximum floor area existing prior to the subject permit request, maximum floor area proposed with the subject permit including identifying permit number and maximum floor area remaining following permit approval. This alternative method is very cumbersome and becomes extremely hard to monitor when additions are added after the houses are built. It is strongly recommended that the master plan specify the maximum floor area allowed to ensure land use intensity is maintained. Note the maximum building envelope shown and identified on the plans exceeds this maximum floor area ratio for the proposed 4.0 land use intensity. 12. To clarify the building setbacks add the words, "all types of hard roof X structures" after the word."setbacks" found in the first setback data chart on the master plan. Also, add a note following the side interior setback specification indicting that a rated wall complying with Table 600 of the Standard Building Code is required where there is a hard roof adjacent tO ' a property line. . · Page 3 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE [ REJECT 13. To Clarify the setbacks for auxiliary structures, add the word, "roof" X between the words, "screened enclosure" in all instances where the words "screen enclosure" is identified in the site area breakdown section of the master plan. 14. To maintain a 10 foot separation between auxiliary structures and the X exterior walls of a home, it is recommended that the rear setback for auxiliary structures for lots 91 and 92 be increased to 10 feet rather than the proposed 5 feet for pool/spa and 8 feet for screened roof enclosures. 15. To clarify the side interior setback for auxiliarY structures, re-word the X side interior setback data as follows: "Zero lot line side - 3 foot (pool/spa with privacy wall), 5 foot (pool/spa - no privacy wall), O foot (screened roof enclosures)i' Side opposite zero lot line - 10 feet (pool/spa and screened roof enclosures). 16. Note the proposed 8 foot screened roof enclosure setback would prohibit X a pool, that was installed at the allowed 5 foot setback, to be enclosed with a screen roofed structure. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 17. On the master plan, provide information regarding location, size, and the X availability of utilities for the proposed project (LDR, Chapter 3, Art. IV. Sec. 3.P). 18. Provide a proposed name for the subdivision. (LDR, Chapter 3, Art.. IV. X Sec. 3.A). 19. Increase the width of the proposed street rights-of-way to the minimum X of 50 feet as required by LDIL Lack of compliance requires processing of a Concurrent variance/appeal to the required improvements section of the LDRs. No variance/appeal can be granted if the street design does not accomplish the intent (sidewalks, travel lanes and drainage) of the standard 50 foot wide design. 20. Submit for review a copy of ileA documents. X Page 4 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE REJECT 21. Provide a unified control document. X 22. Provide sidewalks on both sides of the proposed streets. X 23. On the sample lots, delineate and dimension parking spaces in X accordance with the dimensional standards of the LDR. 24. With the second submittal, provide dimensions between the proposed X access driveway and the closest access driveways of the adjacent properties to the north and to the south. 25. Future platting is necessary. A future (can be concurrent) site plan X submittal is necessary for any project signagn, common area landscaping and screening/buffering details 26. Relocate the emergency easement to the northeast comer of the site to X align with the unidentified, paved side street extending westward from Meadows Boulevard, to this comer of the subject property. 27. Provide pedestrian access in conjunction with the relocated emergency X access easement to ~inimize walking distance to nearby public recreation facilities. 28. Provide a written determination of compliance with the Palm Beach X County Traffic Performance Standards ordinance. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 29. Disallow cypress mulch to be used. X ADDITIONAL CITY COMMISSION CONDITIONS /bme s:k~ects~ of app~ FOSTER PROPERTY PUD ANNEXATION, LAND USE AMENDMENT AND REZONIN~