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O68-24
ORDINANCE NO. 68 - 24 AN ORDINANCE. OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A SPECIAL EXCEPTION TO CONSTRUCT COMPREHENSIVE PLANNED UNIT DEVELOPMENT ON PARCEL LOCATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED HEREINAFTER, PURSUANT TO PROVISIONS OF ORDINANCE 68-19 OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. PREAMBLE WHEREAS, CALDOS ADULT COMMUNITY, INC. has heretofore filed an application with the City of Boynton Beach, Florida, for the purpose of obtaining approval for a certain comprehensive planned unit development within the municipal limits of said City, as more particularly set forth in said application, and plans and specifications relative thereto, including proposed )lat of first section of PALM BEACH LEISUREVILLE, all of which items are now on file in the office of the City Manager of said City, on property more )articularly described in Schedule A, attached hereto and hereby made a part hereof, and WHEREAS, Planning Board of the City of Boynton Beach, Florida, has heretofore approved said plat, development plan and specifications and has recommended favorable consideration thereof by the City Council, and WHEREAS, the City Council has thoroughly examined said proposed plat, plans and specifications relative thereto, and has received favorable recommendations and approval of said project from the City Manager, the City Engineer and the City Planning Consultant, and WHER]EAS, it appears to the City Council that the approval of said .oroposed comprehensive planned unit development will be in the best interest )f the City of Boynton Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That a special exception is hereby granted to CALDOS ADULT COMMUNITY, ~the owner of a certain tract of land more particularly described in Schedule A, attached hereto and hereby made a part hereof, for the purpose of proceeding with development of a comprehensive planned unit development in specific accordance with plans and specifications and plat of PALM BEACH LEISUREVILLE First Section, now on file in the office of the City 1V~anager of the City of Boynton Beach, Florida, which items are hereby incorporated herein by reference. Except for the specific special exeeptions hereby granted, the developer shall proceed in strict accordance with all ordnances of the City of Boynton Beach, building, electriCal and plumbing codes, including but not limited to its subdivision and zoning codes. It is further recognized that said applicant, CALDOS ADULT COA41V~UNITY, INC. owns parcels of land consisting of approximately 400 additional acres located adjacent to the property described in Schedule A, attached hereto, and that upon specific approval of proposed plat, development plans and specifications by the City Council, relative said adjacent acreage for additional compre- hensive planned units, the developers shall be authorized and allowed t9 proceed with development of said areas, in strict accordance with said supplemental plat, plans, and specifications, as approved by the City Council, upon recommendation of the City Planning Board, pursuant to provisions of Ordinance 68-19. Section 2: SeparabilitY: Each of the provisions of this Ordiance are separable, including word, clause, phrase or sentence or sentences, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. -2- First reading this 12th day of September, A.D. 1968. Second, final rea~iing and passage this 23rd day of September, A,. D. 1968. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk Ma~r Councilman Councilman Councilman -3- ST~T,E OF ELO~ DS COU~'.~FY OF PaLF'4 bLmC~,ss KItOW /ALL MEN bY THESL PRESENES. that CaLDOS 'aDULT COMB'UNITY'. Florida CorDorat,on, the o,.~ner of the tract o~ land lying and being in Sec ion 29, To~,,,nsh:p 45 South. ~anqe 43 East, Palm ~each County,~Florida, she hereo~ as FIRST SECTION. P~LM BE~CH LEtSUREVlLLE~ being more pa.rticu~ar described' as ~o' ~o,~,~s, to ,~,;t' n~,I,,,~h~E~NG at the Northwest cotter of Section 29 ToWnship 45 South, Range ~5 Ea-~t. Palm Beach County, ~torida, run South. O° 29" East (for con=eh once the bearing of the West tine of s~"i~ Sect- ion 29 ~ a~s0med to oe~r itorth 0© 57' 29" ~est and-all other bear ines rec,ted here n a"e relative the-ere) along the ~est line of sa~ Section 29 a distance of 269 05 feet to ~ts intersection the cente I ne of the t06 O0 foot ~ight-of-Nay of State Road as same is recorded in Road Plat ~ook 2, Pages 217 through 220. Public Records o~ Pai.~ ~each Count~. Florida, said intersection be- ,ng sho;.~n as Stat,on 584.74.28 on page 219 of said ~oad. Pl~t ~ook; thence North 87© 5~' 06' East along the cente~ iine of saie atate Road 5-80~ a c,stance o~ 19a5.7~ feet to the Point of ~egi'nning of the here'n ~escribed ~arcel of lan~' thence aong the bounda~ .the herein desc'-'bed parcel o~ and as fol'~o~s North 87© ~4' 06" East. a d~stance of a~.5~ feet to the be- ginning of a cur~e concave to the North hav,-ng a radius o~ feet ant a centr~ ang;e of 15© 5~' 50"' thence easterly along the arc o; said curve anc the centerl ne of the aforesaid State Road 5-80~ a d~stance of 528.67 feet to the end of said curve' thence North _?~° 02' ~5" ~.a~ aong said centert~ne a distance ~'f foot'thence ~epart~ng from sa,d centerline, South O1° ~9~ O9~ a distance of 12ag.a5 feet; thence North 87° 59~ ~2" East, a dis- tance of )50.17 feet' thence North 01© 12~ 50" West, a distance of 170.~0 ~eet to a po nt on the centerl ne of Jasmine feet, NOrth 88© 25' 06" East from t!~e southwesterly corner of Lake ~oynton Estates. P~.at ~--.~ as same appear~ In Plat Book !~,- .P~ge 69, 'Pu~-;c Records of Pa'm ~each Count~, Flo,~ida; thence al'~ng center, ne No~th 88© 25' 05" East a distance of 299.89. feet to the ~ntersect,on o~ ~:a ~ Jasmine Street and Barcelona Nay as s~me ~ppears on sa~d Plat ~-~' thence 5o~tn 0!° 5~' 54" East a~ong the center ,,ne of sa;d ~a~ce ~na ~ay, a distance o~ ~10.00 feet' thence 88© 25~ 06" ~est '~ d ~t~nce of ~00.00 feet to the eegin.ning of a curve concave to the South hay nga '-adius of 506.20 feet and a central angle of 17© 05' 26"' thence ~esteriy along thear~ of s~id curve,.a distance o~ ~80.~? feet to the end o~ sa~d cur~e; thence South 7t° 21' 40" Nest a distance of i7~.66 ~eet to the beginning of a curve concave to the North having a red;us o~ 826.20 feet and a central ~ne'e o; 15© ~2' 26"; thence ~e~ter~y. along the arc said curve, a ~istance of 2)8.51 feet to the end o~ said curve' thence South 87° 5~' 08" ~iest a distance o~ 591.08 feet to a point on the cente~l ne of the Lake North D~a naee Bi'strict~s Equalizing Canal E-4 R~eht-of-i.iay (Sai~ ~ight-of-Wa~ being 150.OO feet ict~)' thence North '8°~9'22'' Nest along the centertine ~ distance of ~t2.0a feet to an ang e point in sa:d center ine; thence u.ng alone sa,d centerl;ne North 02© 05' 5~" Nest a distance of 1087. ~6 feet to the intersect on o~ said center! ne ~th' the'~ter-' line o~ the af'ore~a. .... ~ State Rode S-80~ Right-of-Way (I06'.00 te~ ~iee) and the Point of beginn nq Conta:ning 38.g7~ ac~es o~ land, more or less, and being sub- ject, to any and ail easements &nc rights--o~-;~ay of record. GEORGE S. BROCKWAY. ~ e. GEORGE R. BROCKWAY. R e. BKOCKWAY, OWEN g AN DEKSON ENGINEEKS, INC. ENGIN EEF~S-PLAN N EFtS POST O~fICE BOX 3331 GUARANTY BUILDING West PALM' BEACH, FLORIDA 33402 TELEPHONE 833-2535 September 12, 1968 CIVIl .STRUCTURAL SANITARY E ~ECTR I CAL M ECHAN ICAL LAND PLANNING MUNIC PAL LAND SURVEYING SOil MECHANICS The Honorable Michael V. Michael, Mayor City of Boynton Beach City Hall Boynton Beach, Florida 33435 Dear Mayor Michael: The Caldos Properties, Inc. requests the following Special Exceptions to a R-1AA Zoning District as provided for under Ordinance No. 68-19 for the proposed Comprehensive Planned Unit Development entitled Section I, Palm Beach Leisureville. R- 1AA District Requirements Ordinance No. 62-9 Percent Exception of total Requested Lots' Section 4, D Minimum Lot Size 7500 sq. ft. Minimum Lot Size 7500 sq. ft. Minimum Lot Width 70 ft. Rear Yard-set back 25 ft. Side Yard Distance 7-1/2 ft. 4400 sq. ft. 3600 45 ff. 5/t. 95% 5%-- Section 11, A Minimum Floor area 880 sq. ft. 1500 sq. ft. All streets on Section I other than Leisureville Boulevard and Ocean Drive are private streets having a width of 20 feet. BKOCKWAY, OWEN ~ ANDEKSON ENGINEEK$, INC. ENGIN EE~S-PLANNEI~S The Honorable Michael V. Michael, City of Boynton Beach September 12, 1968 Mayor Page 2 The front yard set back for the proposed Section I, Palm Beach Leisure- ville is 25 feet from the edge of the 20 foot private road or in the case of the 60 foot dedicated Right-of-Ways, the set back is measured from the Right-of-Way line. On corner lots, the side yard adjacent to the street conforms with the zoning requirements except that as stated above, for front yard set back, the distance is measured from the edge of a 20 foot private road or from the Right-of-Way line as the case may apply. Very truly yours, BROCKWAY, OWEN & ANDERSON ENGINEERS, INCORPORATED ER/b CC: Mr. George Echarte Caldos Construction Corp. Enrico RoSsi Homer r, cng Caldos Development C0.