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
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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
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s:k~ects~ of app~
FOSTER PROPERTY PUD
ANNEXATION, LAND USE AMENDMENT AND REZONIN~