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
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ATTEST:
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Ciiy Clerk -
Aband.Pla
Cuco.6/24/94
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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. ~,
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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:
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NOTARY JA PINNER "
SEAL No~rt' Public Stele 0' F/;;;iCi.
. t' COmmi"jon lhpirllll
_ Marc" 18, '982
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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
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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
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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;,'
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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.
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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
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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,.
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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
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JAM' , .' -.,
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BOYNTON LAlCES PLAZA DEVELOPMENT
CORPORATton, a Florida corp-
oration
By:---li1d.. -- ~
President
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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/. ,
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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
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\jrh\24135\crossacc.eas '
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ORB 6781 F.., 1959
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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~'~)~'
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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,:.
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RECORD VERIFIED "
PALM BEACH COUNTY. FlA \
; JOHN B, DUNl<lE ,
C;~RI< CIRCUIT C?UhT " ,,'.':f
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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.),
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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. "
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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.,., ,
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.- ,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)