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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. :,_. ,. ........ . _-.O..~ .- -- DATED: ~ ~ /~f'~' . ..,~..- ~ ~ ~,. · ~. ~ - city Cierk"-' J:\SHRDATA~Planning~SHARED\WP~ROJECTS~Hamptons at Boynton BeachY;IEZN~DEVELOPMENT ORDEF~,~..N.docF1..O '/1111111111111%%%'t~ 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,,-'"' /dim J:~SHRDATA~'LANNING~SHARED~Wt:APROJECTS~PTONS AT BOYNTON BEACI-AREZN~COND OF'APPROVAL * 2ND REVIEW REZN. DOC