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LEGAL APPROVAL ORB M348 P9 1728 RESOLUTION NO. R94-//~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF A SPECIAL PURPOSE UTILITY EASEMENT, LOCATED AT THE NORTHEST ~ CORNER OF PLAZA LANE AND CONGRESS AVENUE; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID UTILITY EASEMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHERF.AS, Sirrnnops and Whi:e, Inc., agent for Boynton Lakes Partnership, owners of the Boynton Lakes Plaza, is requesting abandonment of a portion of a special purpose utility easement that encroaches the southwest corner of Cuco's Restaurant; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City'S Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said easement no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CODISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a portion of a special purpose utility easement, located at the corner of Congress Avenue and Hypoluxo Road, in the City of Boynton Beach, Florida and attached hereto as Exh i bit II A II . Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of July, 1994. CITY OF BOYNrON BEACH, FLORIDA --,7 / ~/,;,-. .-- . .. (.'t:" " r . .. ., . '.t'. ," ~ ." .<'" - ". ' ~ . ;,~- th~ d! --)J'J&;- .... V' e Mayor / / - Mayor ATTEST: \' /'~- ;,,/ ~I'd .)L. v ./ ~ ff ./ . j r - Ciiy Clerk - Aband.Pla Cuco.6/24/94 ." ,l " \ ~ , i ft .'. . I , i This instrument prepared by: J. Richard Harris, Esq. Scott,Royce,Harris,Bryan & Hyland,P.A~ 450 Royal Palm Way P.O. Box 2664 Palm Beach, Fl 33480 CORRECTIVE SPECIAL WARRANTY DEED THIS INDENTURE, Made this 7cl day of October, 1990, between J. RICHARD HARRIS, as Trustee, in accordance with Trust Agreement dated December 5, 1986, Grantor, and BOYNTON LAKES PLAZA DEVELOPMENT CORPORATION, a Florida corporation, whose mailing address is: 351 South u.S. Hwy. #1, Suite A, Jupiter, Florida 33477. WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, its successors and assigns forever, the following described land, situate in the county of Palm Beach, State of Florida, to-wit: PROPERTY MORE ,PARTICULARLY DESCRIBED ON SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. Subject to reservations, restrictions and easements of record. This conveyance is made for the purpose of correcting the legal description contained in that certain Special Warranty Deed between the parties hereto, ,dated June 13, 1988, and recorded June 15, 1988, at Official Record Book 5704, page 876, of the Public Records of Palm Beach County, Florida. This conveyance is made without consideration and is for the purpose of transferring title to the property held by the Trustee to the sole Beneficiary of the trust. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, The said Grantor has executed this Warranty Deed the day and year first above written. Signed, sealed and delivered in the P~~f: y.a. ~, ~(J 1,-04~ &g-e Q~ ~ J. Richard Harris, as Trustee in accordance with Trust Agree- ment dated December 5, 1986 STATE OF FLORIDA / COUNTY OF PALM BEACH The foregoing deed was aCknoWle~ed before me, the undersigned authority, this ~ day of Octob ,1990, by J. RICHARD HARRIS, as Trustee, in accordance with Tru t Agreement dated December 5, 1986,' for the purposes therein eXP~':red' ~ . -~ O.~4<~,1) otary Public My commission expi~es: /' / - @".OFFICIALSEAL NOTARY JA PINNER " SEAL No~rt' Public Stele 0' F/;;;iCi. . t' COmmi"jon lhpirllll _ Marc" 18, '982 / --- \ ~ ~ , -l1 ~ V' .... ~*'~ .~. ~-~ ~ ~ J. g-\J'; ... - ~ c..;~ ul')t . oJ ~\1 -:r- ~ ';l- , ..l!'J.j ... I~ J r-c '_..--...,...-.-.....-.~-.......... APR-09-1991 to:04al t;l1-095007 ORB 6781 p~ 1954 CROSS ACCESS AND PARKING EASEMENT This Cross Access and Parking ~allement ( the "Agreement"), mll-ie all of the l.~t:t. day of 1'-1111!~JI ,199_, by and between Lennar Homes, Inc., A Florida corporation C"Lennar") And Boynton Lakes Plaza Develcpment Corporation, a Florida corporation ("Boynton Lakes"). WIT N E SSE T HI WHEREAS, Lennar is the owner of that certain real property located in Palm Beach County, Florida, more particularly describe~ in Exhibit "A" attached hereto and by thh reference made a part hereof (the "Lennar Property"), WHEREAS, Boynton Lakes is the owner of that certain real property located in palm Beach County, Florida, mOre particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (the "Boynton Lakes Property"), WHEREAS, Lennar and Boynton ~ake. Would each like~o p~ovide each other with cros8 parking llnd ingresl!l and egre811 easiihenu" over "J their respective properties in the mann~r and under the terms and provisions hereinafter provided. NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which 18 hereby acknowledged, the parties hereto agree as followsl 1. Lennar hereby grants to Boynton Lakes, its successors and aBsigns and its customers, employeel!l, agents, lieenseeB and invitees, (i) a non-exclusive easement and right-ot-way for pedestrian and vehicular traffie over and upon the s1dewalk8, walkways and rvadways of the Lennar Property as they may be constructed and altered from time to time by Lennar, itS succeSsors and a8s1gns, together with a nOh-exclusive right to ulle such sidewalks, wlllkways and roadways, for Adequat8 anct, U6ob.tructed pedl!str1an and vehieular passage f~t ~eee'8 and ingd~'~!I~' ~nd~ fr~m:-":,' ~ Ilr.d betlleen the Boynton Lake8 property and the Lennar !'roperty, and f:l " the streets and roadways adjacGnt to and abutting the BoYnton Lakes r ~; 1 nlls I'~T;~I.I(,'T F"f",rro Br. .. 1M",,"'" J 'Ii II. ~ " ['1. J.:t":~ t..,.. ~'~1:1 ::, : ~/ .",.. ....1'~'1. J:"':I~~ JJ:1l i= I:X! ~ ''''...~ ~~~ ,~~ cg" ... ~. ~ ;n ~ t ,......'.:. '~.~" " ;<~' 'I/, ' .r. f '1 , "r' ) i'. ~" ORB 6781 pg 1955 l-roperty and the Lennar Property, and to and from individulll parking places existing from time to time in tte parking areas on the Boynton Lakes Proper.ty and the Lennar Property and (il) the non-exclusive rIght to park vehIcles In the spacos designated from time to time for parking in the Lennar Property. 2. 9oynton Lakes hereby grants to Lennar, its succesoo~s cud assigns and its customers, employees, Agents, licensees and invitees, (i) a non-exclusive eAsement and :dgllt-of-way foX' pedestrian and vehicular traffic over and upon the eidewalks, walkways and roadways of the Boynton Lakes Property as they may be constructed and altered from time to time by Boynton LAkes, its successors and assigns, together with the non-exclusive right to use such sIdewalks, walkways and roadways for adequate and unobstructed pedestrian and vehicular pas'4q9 for aCCASO and ingress to and from and between the Lennar Property and the Boynton Lakes Property, and the streetl!l and roadways adjacent to and abutting the Lennar,Property and the Boynton Lakes Property, and to and from individ:al park!n~';p~~be';*e:r~Ung from ~~ to';/time \'1;,' )j,' . in the parking areas on tha Lentl4r Property and Boynton Lalces Property, and (ii) the non-axclueive right to park vehIcles in the spaces designated from tima to time for parking in the Boynton Lakes Property. 3. Lennar And Boynton Lakes and their succeSsors and ~ssigne may grant the benefit of such non-exelusive easements and rights- of-way to any tenants leasing any building ~pll.ce within their respecti ve properties for sueh tenants, their customers, employees, agents, licensees and invitees. 4. Lennar and Boynton Lakes 4hall maintain their,respeetive properties (Lem,Ar Property and Boynton LakEls Property) in good condition and repair at all times and shall be solely responsible for the costs of necessary repairs, replacements and maintenance thereto. ~., i. . ~'\.I:" .' r-l, 5. Except as required by law, to the extent reasonably possible, Lennar and Boynton Lakes will at all times keep the roadways and par~inq areas on their respective propertiai free from , I. 2 i/ f ~ ,. l"j ;, l,r: .. :.. "~"~'l . ~ 'j I , i, t ".." ,,' ^ t:;:::.;~ j'~~'~/ :,. 6\,~t~!f~ _ 4~ ""~- ._-----_._------_._.~----~---~~.- ORB 6781 P9 1956 , otlstruction of any kind or natc:::e whatlloever, nxcept as May be required temporarily from time to time to effect repairs, iMprovements and replacement. All repairs, replacement and maintenance of the respective properties shall be conducted in a manner that will, to the extent reasonably possible, minil1lire the disruption to the ingress and eoress and parking provtded over and on the respactive roadways and parking areas, and ~uch that ingress and egress will never be entirely deprived. 6. Any and all notices required or permitted to be served pursuant to the terms of thip AgreeMent shall b~ in writing and shall be aerved by registered or certified mall, with return receipt requested and postage prepaid as followat Lennar Homes, tnc. 700 N.W. 107th Avenue Miami, Florida 33172 Upon Boynton Lakeat J. Richard Harris, Baq. 4400 PGA Blvd. Ste. 900 Palm Beach Ga~dens, FL 33410 or to auch other addrel!lS as the parHes iJMil desiqnAte 1Wddng '.').'~ Notice aha11 be deemed given three (3) days following th.:date when VI~~ depoaited in the United Statea mail in the manner aforesaid, with Upon Lennart aufficient prepaid poatage affixed to carry same to its deatination. 7. This Agreement shall be construed and enforced in accordance with the lawa of the State of Florida. The provisions of thia Agreement shall be and shall be deemed to be covenanta running with the land, intended to (i) burden the Lennar Property with reapect to the Boynton LAkes Property and shall be binding upon the Lennar Property, Lennar, its succ8saors and assigns, and <111 persons clail1ling by, through or under Lennar, including, without limitation, the auccessors, assign8, heirs, personal representatives, transferees, Mortgageos and lessees of L~nnar and (ii) burden the Boynton Lakes Property with respect to the Lennar Property and phall be binding upOn the Boynton LakeSi,~roperty, . ~ . '" Boynton Lake., its successors and as.ign.~ .And all pereo . ciatminq by, throuqh or under Boynton Lakell,'including, without i "'lt~~~on,. '....0 t~~ r :1' ,;;. "JI:' 3 :./ '-f';!~ ; ~:.~~ 'j/'; 'i ' ,,~: '\ f ~, ;'i':'~: I;:'; . . .'j" 1,- ",. ----- ~ ORB 6781 1', 1957 the successors, a/!signs, heira personal representatives, transfereea, mortgftgees and lessees of Boynton Lakes. 8. This Agreemant may not be altered, amended or revoked, unleaR by a writing in recordable fOrM, made by and between the then owners of the Lennar Prope2cty and the then owners of the Boynton Lakes Property, and any portion thereof, ard by all personp holding a Mortgage or mortgagoB encumbering th~ Lennar Property or any portion thereof and/or the Boynton Lakes Property or any portion thereof. 9. In the event of the v~olation of any of the terms and obligations herein contained, the party or parties entitled to enforce this Agreement shall have the right to do ao either by action at law or in equity againat any party(s), entitiea, person(s), firms or corporations violating, or attempting to violate, any of the covenanta contained herein, either to r~strain such violation, to abate same, to recover damages, or for any combination of the foregoing~ ";fl .:',. .", .'+ '~I 10. Invalidation of anyone or any col1lbiriation of the ' covenants contained herein by judgment or court order shall in no way affect any of the other provisions hereof, or any of the other provisions recited herein, all of which shall remain in full force and effect. . IN ~ Access and parking Easement the Signed, sealed and delivered i~r~~~ JAM' , .' -., ~- BOYNTON LAlCES PLAZA DEVELOPMENT CORPORATton, a Florida corp- oration By:---li1d.. -- ~ President ..~ - -~.-....,..-_........_............~....,......_.,.. ~---- ~'''''~'.'''-. ,.__._-~ ORe 6781 P9 t 958 STATE OF FLORIDA COUNTY OF f),nJC I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take Zkno\o~ledgments, personally appeared Slll~,lr A1lt(.t,(!.... and ~'tEE..v t' 0 5;'€MA well known to Me to be the ViCe President 'and ABlSistant Secretary of LENNAR HOMES, INC., a Florida corporation, they l!lcknowled~ed executinq the sam~ in the presence of two subscribing witnesses freely and \toluntarily undar authority duly vested in them by said corporation and that the seal affixed thereto ia the true corporate se~l of said corporation. WITNESS my hand and official seal in the County and State a~~I~o~~~~,~ this IffL day of EL.M.uMj-' 199/. , -:".?;;'~':'..!., j . .~' ,'. -r;; , .-i!;', ," '''l.c:o :'fO .... " . t ' '-'- .. .::;: 'm'.V ,.:~'. '!'.\ ta' ,11: f;: 'Seal) "::>'!:~~:I>::' laat .; . ~e. d.~~.;4., Notary pu lie My Commission Expirest "OT~nY ruel.lC smr fK tlORlM MY Clll1I1SSlOft Up. AUG. 14. 1';',t OOtloto TuRu OCtltML IllS. UI<<l. STATE OF FLORIDA COUNTY OF PALM BEACH I HEREay CERTIFY that on this day, before me, an officer duly authorized in ther State" and' vcouitty ",: aforesaid :...to 'JUke acknowledgments, perfJona11y Appeared "~A.t- n. L.v I(.i!!.. . well known to me to be the President of aOYNTON LAKES l'LAZA DBVELOPMENT CORPORA'l'ION, a Florida corporation, and that he aelcl\bwledoed executing the same in the presence of two subscribinq witneSses freely and voluntarily under authority duly vested in hil1l by taid corporation and that the aeal affixed thereto it the true r.orporate seal of aaid corporation. , WITNESS My hand 8pd offit~al seal in the County and State last aforesaid this IJ day of/?~P.~~ , 1991. ~o~ Notary Public (Seal) My Commisaion Expirest ~t&',o ~ Runtl!! CL!MME .:.. t1Y~mnw:. -;:..~ Jut, 31, 1m . W _ lItIII NOTNIl' P\&JC \ICI8IWlIIfN \jrh\24135\crossacc.eas ' 5 ::, j~ "r t 'i ),. ill ,.~.\~ .:~: :l.;i~,' ,I-t~/~.:';, ~.~' "!~' . ,'; -..--" .......~ .....-.P..-...........--- ORB 6781 F.., 1959 . " \ I KNo\; ALL MEN BY THESE PRESENTS: THAT LEI-lNAA HOMES. INC.. A '~LOA IDA' COt:lPORAT I Oil, ;;' OWNER OF THE LAND SHOWN AND DESCRIBED HEREO~LYING IN. SECtiON,S;' TOWNSHIP: SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLOR lOA. 'SHOWN' HEREON, .AS'" ,. nV.C,T' t\ '... ~OYNTON LAKES PLAZA'. , Be:,~ ~~' ,M~RE.', PART ~ CULAF!~.r..~ ~~.~~R.I ~~Q\N;' F.~~~,~~Si.., ,:;' ~:'.;)'::;~~;~::r.'.;,~\/. COMMENCING AT THE NORTHWESi,cORNER OF SAIO'SE~TION~ e.' 'THENCE':~ORTH' 0~~10'2~'~ ,EAST, ,ALONG THE NORTH LINE or SAID SECTION'B..,.." 'OIST^-NCE OF.',.SO. 01 :'FEET;\\'THENCE," SOUTH 03' 40' 59' EAST:.A 0 I STANCE OF 52, 51 FEEt ,TO THE 'PO ~NT.' OF B~G'INtHNG: ,..'tHENt'E.. , NORTH 40' 44' 43' EAST. A' 0,1 ST ANeE'.- OF~: 35. '00.' FeET;', 'THENCE ! NoMH' 8~~ S 0" 2~' .\I!:AS'l\.~/' ALONG .. A LI NE 2B: 00 FEET'. SOUTH' OF :I\NLI " PAAALLEl.' WITH 'TI:\E" NORTthL' HE ',' OF\:}$A) u ,- SECT I ON B.' SA I 0 LINE OE I NG, CO I NC I DENT ."W I TW :.tHE:#SOUTijl:," R I GHT'I' .OF '.: 'W^'Y"'\L:'INE.;'l.9F.i\, HYPOLUXO ROAD. A 0 I STANCE:' OF.....i ~66.. 49~'..FEET:i'THEHCE;~' soutH " O~. "9'~36\ \.'E"STI,:~ A,';' 01 ST ANCE OF' 219. 96 FEET;, THENCE. sourH B5,~' S 0~2"~,(,:~ES.T.:~ !ALONG' A"'UNE'\1241:198'~F,;ETI" ~g~~~3" ~~' /,~g I N~~~~L~EL ~'I ~60~A~H~u~e~!t.l:T~ 1,~~EP~'j'~~}~i" :W~T.g~~I'~~A3:, ~~,:\'Rtf~~~~gR~9~~. . ~5' 34",33' 'EAST~THEHCE 'NORTHERLY;" ALONG, :THE. ,'lIARC'\10.F.' .S~~ 0"C,UJiV E':'1:\A V I NG;f RA[)'J.U~!:P:F': S 1399; 16,:FEET. A 'CENTRAL ANGLE, OF 1'.00' 44', 2B'i~:s;A'; OlSHNCE' OF ,::,1 '-l'n:4e;-,'FEI;T(:" ,0 ::A , PO I NT-" OF' HNGENCY:', THENCE NORTH 03'; 40"59~. ,IWES.r..~i: A,.'O I SlANCE\ ,i)F~' 40.'.04 F'EEW;:rO..JHEJ ' POINT OF'" BEGINNING. 'THE LAST";TWO~~OESC. RleI;'O:J:,COURSES';BEING':COINCI'DE~I'IwvrH~THEii, " ~S~i ,~AG~~~~~ M.A ~ ,L ,~~~" .o~ c~~~~~:~ :.:'~:Y,~:~:~~:~:~~Wt~r'&1K;h~~~~X;,1.~;~:~~t~},~~~7.~~.i'1~'~)~' !"~':.'{'; , .~!,~.: "" .. ' ~ I , '.,.' '}'C :,',;';~ i," ,', ;r.;'i\ " 1="--='"=" ........., Illf~ lIoo-","t I ".....~ ,,,. : .'.. , ,. e..'iW-, Bn- I ~ ~ :,/~ . 'i!~~ t;~t (~ :,:';)~,; t ; \.t: ~ t:, -',J!i' ; 7 . ';;; " l.i, ''1-; l . : J' 1,'., ,:":!.i< ~ -~. ~\ '~i)~', ~l\J~,: . ;'!1it~P."') . ~ .,... .,. . - ---~ _.......~ . ORB 6781 pg 19S~-A KNOW ALL MEN BY THESE PRESr:NTS THAT BOYNTON' LAKES Pt..:AZAOEVELOPM~NT" CORPC' \T) ON."~: ~A FLORIDA CORPORATIO~ OWNER OF THE LAND SHOWN AND DESCRIBED HEREQN'~I .NQ'IN ,; SECTION 8. TOWNSHIP 45 SOUTH, ~ANGE" 43 EAST, PAU.l: BEACH . COUNTY; ';F.lORlUA;,"ANO' SHOWN' H~REON AS 'BOYNTON ~AKES PLAZA'. AND, BE I NG .'M~~~.., ~~ell:,~,~L~~L.~.::; PES.C~ ~'~~~::It\~< FOLLOWS., "', ,.,'.. _ ", \ '... .. .. t, I....... 0, !,,,{ , !' , . '.' . , , I ~ ; ..,.".:. .' ....:,.. ',' .. f" .~" ::' '1'.' "",,' .,,..',: t', , " ' ,",1 ,. " 'COMMENC I NG . AT THE NORTHWEST CORNER, OF' SA I 0 'SECT-ION' 9;.: THEN~E;' ': NORTH' '85':1 O'.'2....:'~...c: :,'EAST.AlONG THE'NORTH LINE OF SAiD ,"SECTIO~I!,B,. A'DIStANCE,,'OF"60,'01>FEE.T:":THENCE'~"':~~ 'SOUTH' '03' 40' 59' EAST. A" 0 I STA"~ OF '29:..0 l' FEET;' "THENCE"" NORTH,:eanO" ?4"\ EAST, t' ~ , A 0 I ST ANCE OF 190. .00 FEET TO," A. PO I NT OF. ~'BEG INN I NG::'!rHENCE,iCONT.1 NlJE..I'~NORTH(r; 85'10' 2..' 'EAST, ALONG THE .'SOUTH1:RIGHT-OF-WAY:. L1NE':.OF""HY(lOLUXO.'''OAO;V.,(~01.9J~~CE'i' , OF . 644, 15 FEET; ,niENl:E.' "SOUTH, Alfo..9"36" EAST.' ALONG." THJ:;' WEST;. R 1 GHT.MOr-WAY:.L:.'1 NE:"~' , OF' BOYNTON LAKES ," BOULEV ARO, ,A t 0 I SlANCE' OF,' ,35,' 36'.FEET: " THENCE....'.!?OUTH .;O~,t.4!iW36. .~;: ..',EAST, CONTINUING ALONG: SAIO'We-ST." IHGHT-O~-WAY'L:INE" A'OISTANCE..0~"6'l2'{,OOJ'5EET'I: , TO THE NORTHEAST' CORNER OF 'BOYNTON' LAKES PLAT NO,I 5, P; U. 'D:,.',,~.AC.CORDI NG 1~,iO.'i'iHE.\ '. PLAT. THEREOF, AS, RECORDED'IN ,PLAT' 'BOO/<, 52. PAGES .105...,. TI;lROUGH"108,.':'~I'NCLUSI'VE:~1,' PUBLIC 'RECORDS 'OF PALM' BEACH ,COUNTy,'FLCRIOA:,"THEN':E ,:,'SOUTH 'e!:i~!lO"2'4",'We;$T"~,;1 "ALONG THE 'NORTHERLY' BOUNDARY, OF. SA I 0 ' BOYNTON' LAKES: IPLA 1-! NO. '.S;'TA '0.1 STANCe,W.OF',." 'B61.57 FEET TO THE INTERSECTION THEREDF..'WITH,THE'iEt.ST'~'RIGHT-OF''',WAY l.INE'F.OI3''1 'iCONGRESS'"VENUE:. SAID EAST.' RIGHT-OF-WAY LINE..'.QE;ING.A : (CUIWE, !CONCA~E'WES1ERt:,Y..\' 'HAVING A ~ADIUS OF ~57a~ sa FEET'ANO'ARAOIA~ LINE .PASSING THROUGH ..TH1S'POINt:i' .. 'BEARS, SOVTH : 85' 39' 02" WEST; THENCE. ' NORiHERL Y.' Al.ONG' SA 10 EASt,' R I GHT-:-OF..,.WA Y LINE ':'. . , THROUGH '. A CEN'iRALANGll;:' OF 00'50' 37' :). .0 I ST ANCI::::, OF :' 85. 25 FEET' TO A l,l'PO I Nt'OF ;.':~ ,:T~NGENCY:, 'THENCE;' NORTH 05' 11 '.35'.';,WEsr.: '!CON1' NU I NG t'ALONG';;;AJ D"'EAST'R f.GHT':"OF..;WAY;;,",\,: '.' A . 0 I STANCE..OF "'178. 82' FEET' TO:.1THE",PO I Nt OF:''; CUR'/A TURE "OF, 'A'1i,4CURVE: ,'TO,~:THE"R I OHTbq;, 'AND HAV I NG, A ,RAO I US' :OF Il399: 16,.'F.EET: . TH~NCE' NORTHERL'Y,'.' ALONG . (SA I D' CURVE"-1AN',;' ',SA I D . EAST' R I GHT-OF-WA Y, THROUGH' :'A CENTRAL', ANGLE' OF. . ; ,00';46' .OB', Al'oiJsr"NCE":OF \ ,.: , . '152. 97 FEET TO TH,E END OF.'SA I D ,CURVE; '.THENCE," NOJ:HH.'8S' 10i',24~""EAST.'.. A.';'O,! ST"NCE....~, , ,OF' 193, "3' FEET; THENCE. . NORTH 04' 49:'36'.WEST,' . 1."'0 I ST ANG,E,"O.F.:;'2l;9,,9~ ,fEEJ\'TO,4H,E,:. , PO I NT' OF: BEG I NN I NG. , C~N,~ AI, N,I,Ng., ~/: 63 ACRE~ M.r)~E~OR. :t,:E~S\:.;:;~';::::/>~,: ~{":(: ;"'~ :;:,:~~~,,:""'~':\' , . .... ':.----... ":.'.~ ..- ~...: '..~:"''''''.~' -_.."....:' l~~~~l E.XUIB~'2:t1 ; '~".': " t, t'" . .~ '. of " ~ RECORD VERIFIED " PALM BEACH COUNTY. FlA \ ; JOHN B, DUNl<lE , C;~RI< CIRCUIT C?UhT " ,,'.':f _'~~;~ ,_.~.::.._ :..~:". t','"':_''.04,,,!' ('~: ), ~, . ~ -." ,.....' I',~c - .... ) , ,'{,~ I, l,' .' ,. L~AL DEnC~I~~19n 1\ l'1\RCEL or LA?ID LyItIO In SECTION 0, TOWnlillIP 45 BOUTlI, MNGE .0 [MT, PALH Duen COUlITY, fLORID1\,- 81\10 L1\ND BEUlO HORE PMTICULMLY DEBCRIBED 1\8 rOLLowal cot\l\r.ncUlo' "-T TUB 110RTlllitnT CORlIER or 6"-10 IJECTI0n 81 TUEllCr., HORTU OS.lotH" EMT,. ^LotIO TIIIl llORTU LIN! or DAID DicTIon 8, ^ DIBT^lICE or fiO.01 rEP.T, TIIEIIC!( BOUTII ,,03.40'59" EMT,.A DIBT1\ttCK or :18.01 rtET, TIIWCft, 110RTU 8,5!lQ,~4. BMJT,\^,DIBTM1C!.or.19,o..O,O,...rEET:.ron,^ rOlNT or Dro:~H?l1NO (P.O. D.), ..... .. Tu~nCt, conTHlU1 tlORTU 8P10'H" -1:"-8T, M.OtIO-TIIK BOUTtI -nICll'r-Or-K^'i LIN! .or' IIYrOLUXO "',RO"-D; .., h.' DlSTMlC! ; or. 644.15 ,\.' rtn, TUEtlC!, 80UTlI 4!P 49' Jf.i " EMT,' ^LotlO TII r. lU;S't Ill'J IIT-OF-lfM LINE or DOynTOn LAUIJ DOULEVM\D, 11 DIBTANCE or 35.36 fEET, 'l'UEHCR, 00U111 0...U'36. tMT, CONTIHUHIO hLottO GAID HEST 1\lOIlT-Or-HAY l.nIE, ^ DIOT1\}lCE or U2.00 rEtT TO TUR NORTIJI':MT CORtlER or Donn:ON t.hI'\EIJ' pLAT 110. 5, p.U.D., ACCOROIlIO 'IO' TllK";PLAT,TDlmEor,' lIB RECORDED IN PLAT DOOX'52', PAGES 105 TIIRouall;!;;P08';.~\1t(CLUBIVE,~~'P\lnLJc..~.. I\ECO~DB, ': p"-Ln DUC1~ COUNTf, fLORIDA, '. TDEltC!;'~'; ~BOUTU ':,; 8 5;~lO,~ 1.".~I;.!HElJT,'~ :'^LOtI(J,~\'TlIlt::.tloRtn &RLY DOUNDARY, or SAID' DOYNTON','. ',LMEB '~:r:pr;AT.i~ 110.'~~"::S I'~ ^,: DIOTMICB ::' Ot;-. 861.51- ' FEET.. TO TlI~, . . . lUTEr-SECTION " ''1'l1tntor ':HITl1 . Tl1lt" E1.D-r ':RIGU:r-OF-WAY LIth:. FOR ,coneRESS AVENut. 'lJI\IO. 'EI\B1. RIGHT-Or-WAY LIth: n!INO' A CURVf:, COHC'~VE HESTERLY, 1I1\VINq 11 RADIUS OF 5709.50 tEET MtD A nl\OII\L LINK rASSInO TIIR9UGII TII19 rOlllT BEAI\B SOUIll 85-39'02. NEST, TIIElICE, 110RTUI:RLY M.ONa SI\IO EMT RIGUT-Or-HhY LINE, TltROUall A C1:NT1\1\I. M1GLt or 00.50' 37", ,A OIsnNCE or 85.25 FEET TO A POInT or TI\NGEtlCY, TurneR, NORTO 05-11'35- NEST, COllTIllUH!O 1\LOOO 81\10 EMT RIGII'l'-Or-HI\Y LHIE, A DISTI\NCE or 178.82 nET TO TnI': I'QltlT or COnV^TUI\! OF ^ CURVE TO TUE R1GIIT I\NO U^VINO A RI\DIUB or 11399.16 FEET, TII ENCI': , lJORTlIERLY ALOttO 81\10 CURVE MID 81\10 E1\BT RlanT-Or-H^Y, TlmOUOII h CENTRM. 1\NCLB.or 00-H'08-, A DISTI\NC! or 152.91 FEt'r" TO TnE END OF &1\10 CURVE, TIIEnCE, NORTn 05-10' H. EAST, 1\ DISTAnCE or 193.43 FEET,. TUEllCE, NORTlI 0('.(9'36" \-fEST, 1\ tJl"=TM1CE or 2l9.96 nET 1'0 TUE POINT or DEaltlHUla (P.O. D.) . COtlTI\ItlItIGI lL63 ."C!lE9, nORr: on Less. " t , , // ,- , I 1,1 SCHEDULE A DESCRIPTION: (Supplied by Client) A parcel of land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northwest corner of said Section 8; thence North 85010'24" East, along the North line of said Section 8, a distance of 60.01 feet; thence South 03040'59" East, a distance of 28.01 feet: thence North 85010'24" East, a distance of 190.00 feet for a Point of Beginning (P.O.B.): thence continue North 85010' 24" East, along the South Right-of-Way line of Hypoluxo Road, a distance of 644.15 feet; thence South 49049'36" East, along the West Right-of-Way line of Boynton Lakes Boulevard, a distance of 35.36 feet: thence South 04049'36" East, continuing along said West Right-of-Way line, a distance of 612.00 feet to the Northeast corner of BOYNTON LAKES PLAT NO.5, P. U. D. , according to the plat thereof, as recorded in Plat Book 52, Pages 105 through 108, inclusive, Public Records, Palm Beach County, Florida; thence South 85010' 24" West, along the Northerly boundary of said Boynton Lakes Plat No.5, a distance of 861.57 feet to the intersection thereof with the East Right-of-Way line for Congress Avenue, said East Right-of-Way line being a curve, concave Westerly, having a radius of 5789.58 feet and a radial line passing through this point bears South 85039' 02" West: thence Northerly, along said East Right-of-Way line, through a central angle of 00050'37", a distance of 85.25 feet to a Point of Tangency; thence North 05011'35" West, continuing along said East Right-of-Way, a distance of 178.82 feet to the Point of Curvature of a curve to the right, and having a radius of 11399.16 feet: thence Northerly, along said curve and said East Right-of-Way, through a central angle of 00046'08, a distance of 152.97 feet to the end of said curve: thence North 85010' 24" East, a distance of 193.43 feet; thence North 04049'36" West, a distance of 219.96 feet to the Point of Beginning (P.O.B.). Containing 11.63 acres, more or less. Said lands situate, lying and being in Palm Beach County, Florida. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 Co issioner A la moved to t motion, w ch carried 3 XI. UNFINISHED BUSINESS A. Discussion on Cemetery Board/Mausoleum. . . . . . . . . . . . . TABLED This item was consolidated with Item X.C.l and dispensed with earlier in the meeting. B. Traff'c Problems at Boynton Llku Plaza ~Y\.-~ ~ P( tLZ4t. SP JI..1 .,q '-< City Manager Parker suggested this item be tabled, as it was Vice Mayor Matson's item. Motion Commissioner Aguila moved to table this item. Mayor Pro Tem Bradley seconded the motion. In response to Commissioner Aguila, City Manager Parker advised that a fax was received late this afternoon from the County Traffic Division, asking for more - 39 - - 40 - l1INUTES OF THE REGuLAR "EETING OF THE PLANNING ANL ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 22nd, 1978 a~ 7:30 P.M. \ t\p, Lf_JF,'" i.,., , F -. ,,-,r,. .. .' \.~~. .- ,I PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman John Jameson Richard Lambert Ronald Arena Mrs. Marilyn Huckle Garry Winter Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P.M. He then acknowledged the presence in the audience of Mayor Emily M. Jackson. APPROVAL OF MINUTES Minutes of Regular Meeting of Planning & Zoning Board of August 8,1978 Col. Trauger moved that the minutes of the,Planning & Zoning Board meeting of August 8th, 1978 be approved as presented, seconded by Hr. Lambert. Motion carried 5-0 with Mrs. Huckle and Mr. Winter abstaining. Minutes of Local Planning Agency Meeting of Atigust 2nd, 1978 Mr. Lambert moved that the minutes of the Local Planning Agency meeting of August 2nd, 1978 be approved as presented, seconded by Hr. Winter. Motion carried 5-0 with Mrs. Huckle and Mr. Arena abstaining. ~inutes of Local Planning Agency Meeting of August 8th, 1978 Mr. Lambert moved that the minutes of the Local Planning Agency meeting of August 8th, 1978 be approved as presented, seconded by Col. Trauger. Motion carried 5-0 with Mrs. Huckle and Hr. Winter abstaining. ANNOUNCEMENTS Chairman Ryder announced following their usual practice, he would like to call the members' attention to the action taken by the City Council at their meeting of August 15th, 1978 dealing with matters this Board referred to them. In refer~nce to Watersedge Townhouses , north of the boat ramp, this was approved by the Council 5-0. Chairman Ryder stated that the Council had first reading on ordinance [or Parcel "C", Plat of Tenth Section of Palm Beach Lcisureville , on 15th Avenue. This was approved by Council 5-0. MI"NUTES PLANNING & ZONING BOARD PAl fv.-1 AUGUST ~Lnd, 1978 In reference to Summit Associates, first reading on ordinance on Annexation of property also approval of rezoning certain parcels and vacating and abandoning Plat of Charter World and abandoning certainingresslegress in easement areas was approved by Council 5-0. Chairman Ryder then acknowledged Councilman Dave Roberts in the audience. Chairman Ryder then talked about Mr. Lambert appearing before the Council under public audience, stating-he was speaking for himself not as a member of the P & Z Board, in regard to modifications of site plan review by Council and P & Z Board, and in reference to commercial project under $100,000 presented a grey area regarding the future performance o~ the Corrununit}."\.ppearance Board as to . who the~ would report to, and question~ ~heth~r it is cove~~d by the ordlnance. Mr. Lambert stated that he thought commercial projects under $100,000 do not have to appear before the Community Appearance Board. NEW BUSINESS P~blic Hearing - Rezoning Request Legal F & R Builders, Inc., by Irving Bolot~n, Sr. Vice Pres. Property Boardered on the North by Hypoluxo, on the East by the E-4 Canal, on the South by L~~DD Canal #20 and on the West by Congress Avenue Description: Acreage 1089 Single Story Attached Townhouses on 229+ acres Density = 4.75 UIAC Rezone from R1AAA to PUD with LUI of 4.00 Applicant: Location: Use: Request: Mr. Annunziato, then read a memo to the Board members from himself, in regards to rezoning large tracts of land in the North Congress Ave- nue corridor within the last year - namely Sandhill and now Boynton Lakes. Sandhill consisted of rezoning to CO, RIM, R3, Cl, and C3 for a total unit count of 2619 and 30 acres of corrunercial use. With 4.84 units per acre. Boynton Lakes PUD as Drp~pnrpn rnniaht onsists of 1089 sin Ie stor attached townhouses and 12 acr s of corrunercxa use. ~iith . unlts Rer acre. so a PUD request has been submitted for the land on the West side of Congress,North of Miner Rd. extended less Knollwood Groves. This request qrpvines for_ 1 1 q_4_lJn i ts of mi xed desiqn tVDes ann l? acres ot c0rrunerri a 1 nse. ;:.- - - . "-~. . ~ Wl th 4.l:):, unJ. t:.::; l:-'t:tr- dc-re. There are- two large tracts or: .land remaining in the North Congress Corridor; those being the 263 acre tract lying East of the E-4 Canal and North of Miner Rd extended and the 86 acre tract along Congress between Lake Worth Drainage District Canal #20 and 21. The concept plan prepared in conjunction with our Comprehensive Planning effort indicated that the lands in question should be developed with a maximum density of 4.84 units per acre. The Board should take into account the effect their re- commendation will have on the development of not only this tract but also the three major tracts remaining in the North Congress Avenue Corridor. MINUTES PLANNING & ZONING BOARD PAGE THREE AUGUST 22nd, 1978 Mr. Fernando Alonzo, civil engineer with F & R Builders, 9555 North Kendall Drive, Miami, appeared before the Board giving some back ground about their company F & R Builders, Inc., has been in existence since 1955 and have several projects going in 5 or 6 states; and is a subsidiary of Lennar Corporation. Mr. Alonzo, then gave the following details of the project: 230 acres/1080 units; land use break downi buildings: 26 acres or 11% of the land; individual owned lots 87 acres or 38% of the landi roads 15% of the land; lakes, public parks and open space 95 acres or 42% of the land. Over all density 4.7 units per acre. Projected population 2700 people. Development will be in 5 phases, 200- 210 units per phase. Boynton Lakes will not be condominium ownership. Each lot and block will be transmitted fee simple, there will be a home owners association to maintain green areas and open spaces and private roads. Mr. Alonzo, then brought forward a Master Land Use Plan. He noted there will be one main thorough fare running ,north and ~uth thrn, t'1e ' property; an 80' punllc right-of-way from, Hypoluxo .~n1O~ ~\t.e'- ~, to Conqress Avenue and a 60' public right-of-way south of the pro~osed shoppinG center slte. ~ ' FtA'ZA L.Ana Mr. Rick Rossi, then gave furthur input regarding drainage plans. Mr. Rossi, then read a letter from South Florida Water Management District. The staff,will not take any project to the Board that doesn't have proper zoning. Once zoning'is obtained, the staff has no problem with the project and will present it to the Board for approval. Discussion then followed reg3rding storm sewers, catch basins, lake systems and elevations. Mr. Arena then asked if they were prepared to go Old Boynton Rd. and Congress Avenue to get water and sewer? Discussion then followed with Mr. Rossi bringing out problems involved such as if they are the first developer bringing in the water and sewer lines at our expense, and another developer sit back and wait, until the lines are in before he makes his connections, should he share some of costs involved. Mr. Rossi also thought an ordinance was in the process whereby the developer would be reimbursed later on, when another developer is ready for connections. Mr. Rossi statedthere will be 16" forcemains and water mains. Mr. Lambert suggested getting all the developers together and trying to work out a suitable situation regarding the costs involved. Mr. Alonzo stated they will be contacting other developers in this area. 101INUTES PLANNING & ZONING BOARD PAGE FOUR AUGUST 22nd, 1978 Mr. Trauger asked what will be the size and price. Mr. Alonzo stated there will be 2 and 3 bedroom, one story townhouses; $39,000 to $45,000 - no garages. ~1r. Lambert then asked several questions pertaining to fee simple ownership and the Home Owners Association. Mr. Alonzo, then stated lots will be 35'x 95'with 25' in front and 25~ in back and this is the responsibility of the owner to maintain. The large open spaces outside the lot areas will be maintained by the Home Owners Assoc- iation. We have used this in Dade County, this concept was developed by FHA and VA. The Home Owners Association will also be maintaining and operating the private recreation areas. Mrs. Huckle asked for. more detail regarding the fee simple and maintenance of your lot and :)lock. It was then clarified, if a home owner does not maintain his lot the lbme Ovners Jl..ssociation does it and sends him a bill. The rules and regulation are very precise in spelling out exactly what is your responsilility and the Home Owners Association responsibilities. Hr. Annunziato, then read a memo from the Utilit;y Department ,-lith the follov-'ing stipulations. 1. The 6" water lines that show as deadends must be looped with proper easements, and in no case closer than 10' to any building. 2. The developer's engineer should furnish us with their computer Hardy-Cross analysis of the water flows, so that we can present this to our engineers for review. 3. Valving on the main lines and within the individual development areas will be according to our requirements, and not necessarily as shown on the drawings. Mr. Annunziato, then read a memo from the Engineering Department Approval of Master Plan is recommended subject to compliance with request made by County Traffic Engineer based on traffic analysis and subject to drawings prepared for private and City-maintained (in publ,ic rights-of-way) lighting system constructed by the developer. The approval for canal and lake alignment must also be approved by Lake Worth Drainage District, Mr. Annunziato, then st3ted that a sample Declaration of Covenants and Restrictions were given to our City Attorney to review and then read a memo from City Attorney as fol16ws: I concur, I told ~ttorney we would require approval of final documen~s related to this proje~t~ Mr. Annunziato, then read a memo from the Building Dept. It is the recommendation of this department that the maximum density for the above mentioned PUD be 4.5 units per acre and that a minimum of twenty feet between clusters be maintained. These recommendations are based on the fact that 4.5 is more than the maximum density for RlAAA and it will also help to acquire an adequate separation for a safe and healthy environment. MINUTES PLANNING & ZONING BOARD PAGE FIVE AUGUST 22nd, 1978 Then ~lr. Annunziato, told about meeting with County engineers office regarding impact of this development on County thoroughfare system." Hypoluxo Rd. on the north, Congress Avenue on the west and location of Minor Rd extended on the south were in question. Palm Bch County determin80 Minor Rd. west of the E-4 canal will lie south of UoJDD Canal # 20. tha Ten additional feet of right-of-wa f Con ress has been provided ~ for on this p a~. For 0 uxo R . t new centerline 1 2' of thel'4i_ "on line; ~ of t e rl ht-of-way or the south ~ of H oluxo and a~1LT additional SO-ft. ri ht-Qf-wa to relocate LWDD Canal 18 has 2-rovided fOJ;. T is re uires an addition 8' ..to provide addi tional r.1.g t-o -way for Hyp~'lllXO Rd and LWDD Canal #18. J In conjunction with Palm Beach County request, the developer ~ has tentatively agreed to build Congress Avenue to a 4-lane ~ section by adding the two east lanes, curbing the east lanes at the median and improving the median. This will corrunence at 50% of the develoDment and be completed by 60% of the development with the facility to be bonded at the time the 2nd plat is sub- ~ mitted. Mrs. Huckle asked about signalization. ~r_ Annunziato ~ e that when warranted traffic signals would be the res on-~~~ sibilit 0 the deve 0 er o~ on ress an H oluxo. Turning, ~~~ .~~ acceleratJ.on, an deceleratlon lanes also would be the resPQp- ~.",.~ sibilitv of rbp opv~looer ~~'1 Mr. Arena asked regarding the proposed r~ght-of-way south of the shopping center; this road will exit on Congress and being to close to the major intersection is it 600'? Mr. Annunziato, stated that the proposed public road is 650' which is the minimum the county will permit for curb cuts on a county road. The site plan for the shopping center has not been worked out. Mr. Annunziato, th~n read a letter from Dr. Fred Hay, Director,. School.Plant Plannlng, Palm Beach County School Board, stating the follow~ng facts. This office estimates that Boynton Lakes will generate approxlmately 541 public school age students when completed. A probable grade level breakdown of which would be as follows: 271 pupils in grades K-S, 136 pupils in grades 6-8, and 136 pupils in grades 9-12. School Name Exis ting Membership 1/ Additional Hembership 1982-83 Proj. from Devlop. Membership 1/ Usable Permanent Capacity Rolling Green El~. Congress C~~unity Middle Atlantic Senior H.S. 706 1540 1895 271 136 136 848 1746 2180 670 1441 2072 ~I 1/. Existing me..Libership represents student membership reported as of June 12, 1978, ~hich constitutes the end of the fourth attendance accounting period. 2/. The 1982-83 projected Q~bership includes students to be generated from this dcvelopZlent and others already approved .....hen cO!ilpleted. 3(. Planning is unde~'ay for a ne~ senior high school in the area which '..:ill provide relief fro::!! overcro;..:ded conditions to La~:e h'orth High School and Atlantic Senior Eigh School. HINUTES PLANNING & ZONING BOARD PAGE SIX AUGUST 22nd, 1978 You \..'i11 note that the e1eIT!entary and mjdd1e schools which ...ril1 be expected to serve students from tbis P.U.D., based on existing attendance boundariest I are projected to be seriously overcro~ded by 1982-83. Based on today's costs the 900 capacity elecentary school would cost $4,300,000. A 1500 capacity ~ddle school ~ould cost $7,000,000 and a 2500 capacity student senior high school ~ould cost appro)~cately $16,400,000. This office reco~ends that the petitioner consider a voluntary cash contribution t~ the School Board equivalent to .4 of 11 of the sales price of each unit constructed. These funds would be used to assist the School System in providing necessary school facilities in the City of Bo)~ton Beach and its lebal reserve annexation area. Hr. Alonso stated they were in agreement with .4 of 1% fair share assessment as far as Phase I of the development is concerned. What F & R would like to do is reserve the opportunity to revaluate our impact on the school system after Phase I is completed which will consist of approximately 183 lots. If in fact, we are generating these school age children as indicated in the letter from the school board the impact of .4 of 1% will remain for the entire project. If the project' , turns out to be more of a retirement or semi-retirement community, where no school children or very few then we will ask the school board to revaluate our impact. But, as far as the first phase we concur with the school board. Mr. Ryder asked about the traffic recommendation. Mr. Alonso answered, late this afternoon we arrived at a tenative agreement with the county and Mr. Annunziato as far as what we will do with Congress Avenue and other items mentioned in the letter from Mr. Walker. We will dedicate additional rights-of-way on Hypoluxo Rd., if signalization is required we will agree to install it and we agree to pave 2 lanes of Congress Avenue from North of LWDD Canal #19 to South of LWDD Canal #18. Discussion followed regarding the agreement with the school board. Mrs. Huckle asked about protection of the lakes with this project being family orientated. Mr. Alonso stated there will not be a' sharp drop,we will provide a gentle slope down to the water line with a 5-1 or 6-1 plope, from the rear property line to the water line. Mrs. Huckle asked if the lakes will be for boating and swimming. Mr. Alonso answered, sail and row boating, no motor boating, there will be restrictions. There is no outlet to the E-4 canal and no seawalls. Mr. Jameson inquired to the recreational areas. ~1r. Alonso responded we are showing 4 recrea tional areas, '2 of them as private ,1 which include a clubhouse, swimming pool and some active recreation, like tennis courts, or shuffle board courts or handball courts. There will be 4 s\vimming pools in all. The secondary recreation areas will consist of a swimming pool and bathhouse. MINUTES PLANNING & ZONING BOARD ( PAGE SEVEN AUGUST 22nd, 1978 Mr. Trauger, asked if there were any co~~ents from thp Rp.creatinn'Dent. Mr. Annunziato, stated that the Staff is satisfied, it is in conformity ~ith the subdivision regulations and acceptable. Mr. Lambert asked about Staff comments, Mr. Annunziato then rp1d his; dedicate 10' of additional row for Congress Avenue and modify master plan unit locations to compensate for public dedication. Mr. Trauger stated that we did not really discuss the memo from the Build- lng Department regarding 4.5 density. Mr. Annunziato responded that at the staff meeting there was some concern as to the visual crowded effect of the plan and the question of 4.5 units per acre as opposed to 4.7 or 4.85 or the unknown density to the east~nd that is l basically the thrust of my memo to the Board. I think 4.5 might be a proper density, but each land plan must be reviewed individually. Mr. Ryder then asked if there was anybody in the audience who wished to speak in support of this application. There was no response. Mr. Ryder then read a petition with about 100 signatures and wanted to clarify , these people do not live in the City of Boynton Beac~. We the undersigned wish to express our opposition to the rezoning of the area between Congress Avenue and E-4 canal, Hypoluxo Rd., and Miner Rd., from RlAAA to PUD of 1,080 townhouses, we feel this rezoning will increase the automobile traffic on Hypoluxo Rd and increase already excessive boat traffic on Lake Osborne and tributary canals and generally create a city like atmosphere in an area we assumed that would remain low density and residential, when deciding to make our home here. Mr. Jameson asked the City Planner if usually for a rezoning a notice is sent out to people within 400' was this done on this particular case to both people residing in and outside the City. Mr. Annunziatq yes as a courtesy we notify the people outside the City as well as in. Ray Kelsey, 7176 Thompson Rd., appeared before the Board and statedl that we the petitioners are opposed to any increase in density zoning. We want to keep a low density area and keep traffic and boat traffic down. Mr. Reynolds, Floral Park, stated that he would like to see a similiar project in existence and noted that in concept it looked good. Mr. Alonso responded that in Dade CountYJ the Debanain Development at 104th and 126th Avenue, S.W. or in Margate you can visit us and another builder at Highway 441 and Atlantic Blvd. The developments are Lakewood on the Green and Oriole Village. MINUTES PLANNING & ZONING BOARD PAGE EIGHT AUGUST 22nd, 1978 Mr. Lambert moved that the Planning and Zoning Board recommend to the City Council approval for the rezoning request for F & R Builders for the property bord~red on the North by Hypoluxo Rd., and the East by the E-4 Canal, the South by LWDD Canal#20, and on the West by Congress excluding the 12 acres on the Southeast corner of Hypoluxo Rd. and Congress Avenue subject to Tom Clark, City Engineer's comments and recommendations, Perry Cessna, Utility Department, comments and recommendations, City Attorney's comments and Building Department recommendation that 20' between ~lusters be maintained, County Traffic Engineer's comments concerning improvements to Congress Avenue and the additional items noted in the Traffic Impact Analys: Palm Beach County School Board's recommendation and the City Planners comments as follows: dedicate 10' of additional row for Congress Avenue and modify Master Plan unit locations to compensate for public dedications. Col. Trauger then seconded the motion. Motion carried 7-0. Public Hearing - Rezoning Request Applicant: F & R Builders, Inc., by Irving Bolotin, Sr. Vice President Location: Southeast Corner of Hypoluxo Rd. and Congress Avenue Legal Description: Acreage Community Shopping Center Rez"one from RIMA to C-3 ~ /..~ Mr. Annunziato informed the Board the most important conSideratiO~:~~~ are loci'ltion. conformance with Ollr lrmn llSP P an, traffic impai:t ~ ~.~~ .smalysis. siani'llization and access to Countv roads. We covered 0311-" "(,~. but the land us Ian and this is in conformanc ith our co t l~~ t~ and It furthers the pollcy 0 malntalnlnq commprrirll ..rlF'vploDments at . ~i~h access intersections. rhat would be the intersection of two 90tpntial 6 lanp h.qhwa~s, Congress and Hypoluxo. Staff recommendatio are to approve. Use: Request: - Mr.- Winters, asked if it would be necessary for signalization at the south proposed right-of-way. Mr. Annunziato stated that based on the traffic analysis it doesn't appear at this time. Most of your shopping trips emanating from this development to that shopping center, are not going to access Congress or Hypoluxo. The County Traffic Engineer has indicated that signalization is the respon- sibility of the developer when and if warranted. Mrs. Huckle asked if F & R is going to use this property for a motel or hotel. Mr. Alonso responded that F & R does not anticipate this use right now. We have never built a motel or hotel unit. For this shopping center to be successful you need at least one major super market. Mr. Ryder then aksed if there was anybody in the audience who wished to speak in opposition of this proposal. There was no response. MINUTES PLANNING & ZONING BOARD PAGE NIN. AUGUST 22nd, 1978 Discussion fnl1nwp~ rpq~r~inq whpn lookinq at this oroposal we ~hould be looking at the whole picture, the entire Master Plan. Mr. Zoning Board recommend to the n reauest from X~AAA to -3 Southeas oluxo Rd. and Con ress Avenue su ect to: ~ ~ ~ ~~ 1. _ Approval of the PUD zoninq request submitted in con- lil...11 ~ ~...,., ~unction with this application; ~ ~L.'1.1. ~~ 2. Hemo from the City Engineer to the City Planner; · (" <::,vt'. ~ I.~ 3. Memo from the Utility Director to the City Planner; .. ~-(.. ~ ~ 4. Conclusion of an agreement wi th Palm Beach County to - , << >::: ~ 'construct Congress Avenue to 4 lanes from South of Lake ~~ Worth Drainage District Canal #18 to North of Lake Worth Drainage District Canal #19 and other improvements consistent 1lw' with the traffic impact statement submitted by F & R -~ Builders, Inc., such as signalization and acceleration, , and deceleration lanes; 5. Comments from the City Planner as follows: a. Dedicate a 10' of row on Congress; b. Modify Master Plan unit locations to compensate for 'public dedications. Mr. Arena seconded the motion. Motion carried 6-1 with Mrs. Huckle dissenting. Mr. Ryder then suggested we take a five minute break. The Board reconvened at 10:20 P.M. App .cant: Richa Locat n: High Rl Legal D cription: Acreage Project iption: torage/Hareho for J. {North lermo and adjacent t~a pn~Cl HINUTES PLANNING & ZONING BOARD I l"AGE IN AUGUST 22nd, 1978 Mr. Annunziato, informed the Board that this_plan_provides for a warehouse complex located on High Ridge Rd. North of N.W. 22nd and adjacent to Florida Pneumatic. The land is currently zoned M-l and this is a consistant use. This plan is to be developed in 4 phases each one standing alone with parking. Total number of sq. ft. of building 32,197; 60 parking spaces have been provided and 60 bays - this use is consistant with the zone; as are the setbacks, lot coverage, height and parking. Staff comments are as follows: Building Dept., sidewalks are to be provide and fire walls are required. Engineering Dept., subject to memo dated 8-17-78, 1. A property survey is required; 2. A 40-ft. right- of-way dedication is required for the east half of High Ridge Rd. an~ also for the south half of Miner Rd., if the north property line is adjacent thereto;; 3. A roadway cross-section should be shown; 4. Construction details are required for the french drains; 5. Site plan should indicate the water source for domestic supply and fire protection. Utility Dept. subject to proviso that developer will conncect to water and sewer when available and pay the cost of water and sewer lines in front of the property. City Planner; Parallel parking to be 25';dedicated' streeffito be paved to City specifications~ Fire Marshal:N~t approved, need~ fire protection, no water. Mr. Wensing, architect, West Palm Beach appeared before the Board and stated that the units are small storage warehouses. Mr. Palermo is trying to address an intermediate group of users which I we feel there could be small business ventures that will need some sort of storage facility to operate out of. We are prepared to make 3 recommendations with respect to the Fire Marshal's comments; 1. a 2-hours fire stop be provided; 2. adequate fire extinguishers provided thorough out the complex; 3. 3-4" well with proper size pumping facilities. We can provide a Class B system, 2~"hose bit connection which the Fire Department could connect to, this would provide 100 gallons per minute. We are in agreement with the other department recommendations. Mr. Joe Palmero, 111 E. Lantana Rd., appeared before the Board and said this is a 2 acre tract part of an approved 27 acre tract, and he then explained that he is in favor or running a water line from Sandhill. Col. Trauger made a motion the Board table this application until it is resolved with the satisfaction of the Fire Marshal, seconded by !'-1r. Lambert. Motion carried 7-0. / I \ MINUTES PLANNING & ZONING BOARD PAGE ELE\tr.:N AUGUST 22nd, 1978 Discussion Possibly providing additional commercial zoning on 2nd Avenue, 15th Avenue from 1-95 going east and also Seacrest Blvd. Mr. Ryder clarified on August 1st, the Council requ~~ted that we look in to the possibility of providing additional Commercial Zoning on N.E. 2nd Avenue, 15th Avenue from 1-95 going East, also Seacrest Blvd. Discussion then followed. Mr. Ryder stated that the Board is not going to resolve this tonight. We were asked to address Seacrest, to look into it, for commercial use but, just because i~going 4 lanes is hardly an endorsement for suddenly going commercial when jts all residential. It is all going to be part of the planning picture. Mr. Lambert stated that these are being taken into consideration, we are working on the land use problems and opportunities. We are going to follow thetr recommendations. Mr. Winter made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 7-0 and the meeting was properly adjourned at 11:00 P.M. Respectfully submitted, ,/) -/ l . L.,/:C (:'J_.</z{.1~c ,'"- Pat Frazier Recording.Secretary (3~ tapes)