O98-23ORDINANCE NO. 098-,,~,~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE REZONING APPLICATION AND
MASTER PLAN APPROVAL OF KILDAY AND
ASSOCIATES, INC., AGENT FOR CONTRACT
PROPERTY OWNERS (PROPERTY LOCATED ON
THE NORTHEAST CORNER OF WOOLBRIGHT
ROAD AND KNUTH ROAD); AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONING
A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN;
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, Kilday and Associates, Inc., as agent for the contract
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 and Haster Plan Approval to construct a 192-
unit apartment complex to be known as The Hamptons at Boynton Beach
PUD (fka Tara Oaks PUD), and a 20,000 square foot church, located on a
separate parcel; and
WHEREAS, the former zoning, now expired, was also PUD LUI:5, and
included a master plan for 192 town houses and a church; and
WHEREAS, as the previous master plan/zoning has expired, a new
rezoning application and master plan must be processed, although the
current future land use classification, Medium Density Residential, will remain
unchanged;
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
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of
Boynton Beach, Florida as set forth as follows:
A parcel of land being portions of tracts 71, 72,
89, 90, 103, 10.4, 121 and 122 of Palm Beach
Farms Company Plat No. 8, recorded in plat book
5, page 73 of the public records of Palm Beach
County, Florida, lying in section 30, township 45
south, range 43 east, Palm Beach County, Florida,
and being more particularly described as follows:
Commencing at the south quarter (S 1/4) corner of
said section 30, run thence north 01° 10' 26" east,
along the north-south quarter (NS 1/4) section line
40.0 feet; thence east 40.0 feet to the point of
beginning of the herein described parcel; thence
continue east 351.64 feet; thence north 01° 04"
28" east 2513.64 feet, to a point on the south
right-of-way line of Lake Worth Drainage District
Canal L-25 as same is recorded in official records
book 2063, page 1416, public records of Palm
Beach County, Florida; thence south 80° 49' 00"
west, along said right-of-way line 347.30 feet to
the easterly right-of-way line of a road right-of-
way as recorded in official records book 2075,
page 572, public records of Palm Beach County,
Florida; thence south 01° 10' 26" west, along just
said right-of-way line 2512,6:1 feet to te point of
beginning, less the west 25 feet, thereof.
Said lands lying and being in the City of Boynton
Beach, Palm Beach County, Florida, containing a
computed net area of 815,309 square feet (18.717
acres) more or less.
be and the same is hereby rezoned from Planned Unit Development to Planned
Unit Development. A location map is attached hereto as Exhibit "A" and made a
part of this Ordinance by reference. Attached as Exhibit "B" is a copy of the
conditions/requirements for this rezoning, which are incorporated herein.
Section 2: That the aforesaid Revised Zoning lVlap of the City shall be
amended accordingly, and the Master Plan as submitted is hereby approved.
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 ~" day of ~/~? ,1998.
SECOND, FINAL READING and PASSAGE this ,~/ day of ~'
CITY OF BOYNTON BEACH, FLORIDA
Maypr
ff~yor Pro Tern
issioner
Commissioner
A'I-I-EST:
1998.
LqCATiON MAP
THE HAMPTONS AT BOYNTON BEACH
IL,
DEVELOPMENT ORDER OF THE CITY COMM!~'c~ION OF THE
~TY OF BOYNTON BEACH, FLOE..~,A
PROJECT NAME: The Hamptons at Boynton Beach
APPLICANT'S AGENT: Lindsey Walter, Kilday and Associates, Inc.
APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100, West Palm Beach, FL 33401
DATE OF CITY COMMISSION PUBLIC HEARING: June 2, 1998
TYPE OF RELIEF SOUGHT: Rezoning
LOCATION OF PROPERTY: Northeast corner of Woolbright Road and Knuth Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the d'ate of hearing stated above. The City COmmission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city admi.nistrative
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 s,bstantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's.. application for relief is hereby
v"' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
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EXHIBIT "D"
Conditions of Approval
Project name: The Hamptons at Boynton Beach
File number: REZN 98-002
Reference: The plans consist of 12 sheets identified as 2nd Review, Rezoning. File # REZN 98-002 with an
April 27, 1998 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: None X
ENGINEERING DIVISION
Comments:
1. Applicant shall request a waiver of platting since the land is being X
divided into two parcels.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments:~ None · " X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
2. Submit a signed and sealed, rectified master plan, which reflects all staff X
comments and conditions approved by the City Commission and
Planning Development Board in triplicate to the Planning and Zoning
Division, prior to initiating platting. Ch.3 Art.IV.
3. Revise the existing note on the master plan drawing that reads "Western X
R/W Stub To Be Removed" by indicating that the apartment developer
shall be responsible for installation of proper dead-end signage and
construction turn-around.
Page 2
The Hamptons at Boynton
File No.: REZN 98-002
DEPARTMENTS I INCLUDE [ REJECT
4. Replace the niihimum size in acres for the recreation amenity item #3. X
The clubhouse unit of measurement for this element is shown in Chapter
1, Article V, Section 3.A(2)(e)(6). Indicate this # change in all relevant
tabular data on all plans.
5. Add a note requiring dedication of Knuth Road R/W that is missing, X
according to survey, along church parcel to be consistent with (width
entity) R/W dedicated for Knuth Road north of the church parcel.
6. Provide a boundary line extension of the north property line of Lakes of X
Tara PUD, across the site to the west, designating the limits of the
multifamily development, based on the parcels 1990 approved plan. If
inconsistent with this limit, modify accordingly or obtain consent to
deviate from the Lakes of Tara Homeowner's Association.
7. Correct the building coverage calculation to reflect 3.84 acres in the site X
data site area break down and in the building coverage data. The number
must include all building square footage.
8. Correct the permitted F.A.R. acreage shown in the LUI calculations to X
reflect 7.58 ac. (all building square footage), and the proposed lot area of
20.16. Total site are.a--including dedications are used in the F.A.R.
determination.
9. Provide in the site data, under the total net acreage, a breakdown of the X
acreage for Pod I, Pod II, Pod III. These must total 18.717 as shown on
the site survey.
10. Add a note on the plans that a 6 foot high CBS wall shall be constructed X '~
along the north side of the LWDD L-25 canal and landscaping shall be
installed adjacent to the wall: such landscaping to contain trees 12 - 14
feet high and spaced 30 feet on center.
11. Finding of compliance with the eotmty's traffic performance standards X
ordinance.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
12. Revise comment 1 to read: If required by code, applicant shall request a X
waiver of platting since the land is being divided into two parcels
13. Revise comment 2'to read: Submit a signed and sealed, rectified master X
plan, which reflects all staff comments and conditions approved by the
City Commission and Planning Development Board in triplicate to the
Planning and Zoning Division, prior to issuing first building permit. Ch.3
Art. IV.
Page 3
The Hamptons at Boynton
File No.: REZN 98-002
I
DEPARTMENTS I INCLUDE REJECT
14. Replace c0rriffi~ent 3: Developer shall be responsible for removing X
"Western R/W Stub" for South West Congress Boulevard and replace
exiting note on the master plan drawing with same.
15. Replace comment 6: Landscaping at the southeast corner of the project, X
to include the relocated mature oak trees and new trees placed 30 feet
apart at no less than 10 feet high, along with a dense hedge planted at 36
inches and maintained at 5 feet on top a 3 foot berm, shall be placed and
intended to buffer the project from view from the adjacent nearest three
single family lots. Revise plans accordingly. As an alternative to this
condition, the applicant shall either obtain written approval on the
existing location of buildings south of S.W. Congress Boulevard ~
extended, or locate all buildings north of the south right-of-way line of
S.W. Congress Boulevard extended.
16. Revise comment 10 to read: Landscaping shall be installed adjacent to X
the northside of the LWDD L-25 wall: such landscaping to contain trees
12 - 14 feet high and spaced 30 feet on center.
ADDITIONAL CITY COMMISSION CONDITIONS
17. T-.e-b~-et'~'~ai~ d./~ .,4~? t,,-'"'
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