LEGAL APPROVAL
PLANNING AND ZONI NG DEPARTMENT
MEMORANDUM
TO:
Chairman and Members
Board of Adjustment
FROM:
Michael E. Haag
Zoning and Site Development Administrator
DATE:
December 16, 1993
RE:
Joseph DeFeo, Jr., Board of Adjustment Case #188
Purchase of Property from Chan's Enterprises, Inc.
As you are aware, the above referenced case was tabled at the
November 15, 1993 meeting due to the unresolved issue regarding the
proper subdivision of the Chan' s Enterprises, Inc. property to
create the DeFeo property. The following is the status of the
progress Mr. DeFeo has made towards being in conformance with City
Codes:
Mr. DeFeo received a determination made by Jim White, P.E., City
Engineer, and Tambri Heyden, Acting Planning and Zoning Director,
that the subdivision of Chan's Enterprises, Inc. property to create
the DeFeo property may be accomplished by Mr. DeFeo filing for and
receiving City Commission approval of a waiver of plat. At this
time Mr. DeFeo is aware of the process and fee required to be
submitted to the Planning and Zoning Department before action can
be taken on the request for waiver of plat. However, to date,
there has not been a formal request made by Mr. DeFeo and/or Chan's
Enterprises, Inc.
If the Board is requesting that the subdivision of property be
properly in place prior to hearing Mr. DeFeo's Board of Adjustment
Case #188, this item should remain on the table until the next
Board meeting scheduled for January 19, 1994. The waiver of plat
requires a recommendation for approval by the Planning and
Development Board and final approval by the City Commission. If
Mr. DeFeo and/or Chan's Enterprises, Inc. makes a formal
application by December 22, 1993, the waiver of plat will be
reviewed by the Planning and Development Board on January 11, 1994
and forwarded to the City Commission at the January 18, 1994 City
Commission meeting. This item (Case #188) then may proceed for
variance review by the Board of Adjustment at the January 19, 1994
meeting.
MEH/cmc
cc : Mr. DeFeo
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TECHNICAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
A1 Newbold, Deputy Building Official
William Cavanaugh, Fire Prevention Officer
Sgt. Mike Kirrman, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, Utilities Chief Field Insp.
Vince Finizio, Deputy City Engineer
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
December 17, 1993
RE:
Technical Review Committee Meeting
Tuesday, December 28, 1993
Please be advised that the Technical Review Committee will meet on
Tuesday, December 28, 1993, at 9:00 A.M. in Conference Room "C" (West
Wing) to discuss the following:
NOTE: Find attached the Technical Review Committee meeting schedule for
the first half of 1994.
Please return written comments to Tambri Heyden, Acting Planning and
Zoning Director by 5:00 p.m., January 3, 1994.
FILING PRELIMINARY PLAT AND CONCURRENCY CERTIFICATION:
Ci trus Park PUD - Requests a fourth time extension to concurrency
exemption (all levels of service) and preliminary plat (filing of final
plat). The last extension expired December 4, 1993.
EXEMPTION FROM PLATTING:
1. Max Developers, Inc., owners of the Boynton Beach Promenade, are
requesting an exception from platting as a result of the sale of
the Carney Bank building.
2. Joseph DeFeo, Jr. is requesting a waiver of plat to allow the
property shown and described on the attached survey be separated
from the chan's Enterprises, Inc. property located at 3010 South
Federal Highway (sun Wah Restaurant).
TECHNICAL REVIEW COMMITTEE
PAGE 2
REVIEW OF DEPARTMENTAL COMMENTS:
NEW SITE PLAN: Lighthouse Grille
Applicant: Janet Hall
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Dorothy Moo
Zoning & Site Plan Reviewer
DM/jm
Att.
cc: MEMO ONLY
J. Scott Miller, City Manager
City Commission (5)
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, police Chief
John Guidry, Utilities Director
Pete Mazzella, Assistant to Utilities Director
steve campbell, Fire Department
Bob Gibson, Public works
James D. White, City Engineer
Ann Ford, Downtown Development Coordinator
central File
Applicant
Tambri Heyden, Acting Planning & zoning Director
Mike Haag, zoning and Site Development Administrator
Mike Rumpf, Senior Planner
Project File
Chronological File
A:TRCTUES.JM
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First readiDf ttU .~.~'day of FebRary, A. D: 1983.
Se4lOll.d. tiDal rea~-. eel ....age this .i.L.. day of
A. D. 1963.
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ORDINANCE NO. 62-7 \ .' ,
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AN ORD1Nl\J'iCB OF THE CI'17 OF BOYNTON BEACH,
FLORIDA, EXTENDING THE TERRITORIAL LIMITS OF
SAID MUNICIPALITY BY THE ANNEXATION OF A
CERTAIN UI"JINCORPOR.t~TED THACT OF LAND CON-
TAINING L.ESS THAN TEN REGISTERED VOTERS,
LYING CONTIGuOUS THERETO AND WITHIN THE
SAME COUNTY: REDEFINII'~G THE MUNICIPAL
BOUNDARIES: REPEAL I NG ALL ORDINANCES OR
PARTS OF ORD:Ni\...NCES IN CONFLICT HEREVv'1TH:
PROVIDING FOB. AUTHORITY TO CODIFY> AN
EFFECTIVE DATE, AND FOg OTHER PURPOSES.
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WHEREAS, the ovmer of the property more particularly described
hereinafter has heretofore p2titioned the City Council of the City of Boyntcn. (
Beach, Florida, requesting the aI"'~"1exation of subject property lying adj:;:.s2r:t
and contiguous to the territorial limits of said municipality and within the
same County, to the municipal teri'itoriallimits of said City; and
WHEREAS, said tract of land contains less than ten registere d
voters; and
WHEREAS, all requirements of the charter of the City of Boy;:::to:c
Beach, Florida, relative annexation of contiguous terriroty have been com-
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plie d with; and
WHEREAS, the City Council of the City of Boynton Beach,
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deems the annexation of subject tract to be beneficial to the municipality a:1d
to the inhabitants of said tract.
NOW, THEREFORE, be it ordained by the City Council of the
City of Boynton Beach, F10rida:
SECTION 1: That the City of Boynton Beach, Florida, hereby
annexes the following described tr3.ct of lemd to the territorial limits of the
City of Boynton Beach, Florida:
PARCEL 1: A parcel of land L'?. Section 4, Township 46 South, Range 43
East, Palm Beach County Florida, more particularly described as fo110\\'8:
/ ," BEGINNING at a point in a liFe parallel to and 61. 2 feet southerly (I:1.easur'2d 1
at right angles) from, the north li:::2 05: said Section 4, at a distance of 150 :23:1
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easterly, measured along said pa::.~a1l21line, f:Lom the easterly line of the !
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sixty-six foot right-oi-way of Stat~ Road No.5; thence westerly along
Rp.id D~r;)nel H7)f~; 11'0 fr.,:"': to " f,nint in ;-:pjd e~Aterlv rigllt'"of-'w:J.vJ, 1irp"
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thence southerl;)r alo:1g c",,jd e?_sterly right-of-way line, 230 feet; th8nce
easterly 150 feet to a point which is 267 feet southerly from the point of
be ginning; thence northe rIy 267 feet to the point of be ginning.
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PARCEL 2. A parcel of 12J:ld in Section 4, Township 46 South, Range43 I
- east, Palm Beach County, Florida, more particularly described as follows: I
Beginning at a point in a lim~ pard~el to, and 76. 1 feet southerly from I
(measured at right angles) the north li.ne of said Section 4, at a distar:ce of I
290 feet South 89 degrees 18 minutes 4:6 seconds West of the Westerly rj.g~t-l
of-way line of the Intra,coa2t2.1 Wa-::er,"i2..Y; th~nce South 89 degrees 18 mi;.:t8t
46 seconds West, along s2J.d paralbllbe, a distance of 225.8 feet, more cr
less, to a point L"1 the e2..s'~2dy IiI::: cf 12,nd described in deed recorded in
Deed Book 915, Page 236 public records of Palm Beach County, Florid2,;
thence southerly along said paralld lin~ a distance of 237.83 feet, more or
less, to a point in a line po.rallel to, and 208.76 feet southerly from,
(measured at right aDgl:~s) the north lin2 of said Section 4; thence J:<;or:t:
89 degrees 18 minute3 46 secon.ds East, along said parallel line , a dic7.2.:1C'2
of 247 feet more or less, to a p-:);.:::t 300 feet South 89 degrees 18 min'..l-::es '
46 seconds West of the W'~C't2':'ly right-oi-way line of said Intracoastal V/2.:,=y'-
. way; thence North 5 c::grees 26 minutes 06 seconds East, par.allel '~0 s2.i3. ;
westerly right-of-way E~2 of th'3 hr~.raco2.stal Waterway, a distance or 91. 5
feet; thence South 89 degrees 18 miTlutcs 46 seconds West, parallel to tn?
North line of said Secticn 4, a d:s;2.rlce of 70 feet; thence North 5 d~grees
26 minutes 06 seconds East, parallel to said \Vesterly right-of-vray Ib~ of L':;
Intracoastal WaterYiay, a diota."'lce of 50 fzet; thence North 89 degrees 13
minutes 46 seconds Eas".:,p2.rallel to t-r-; north line of said Section 4, a dis-
tance of 80 feet; thence l"~Grth 5 degre'28 26 minutes 06 seconds E2,St,
parallel to said westerly right-or -way lin:::! of the Intracoastal W2..tenvay,
a distance of 89. 5 feet to the [-'oint of b'?ginning.
Subject to an easement for road purposes on the easterly 10 feet of the
foregoing premises; 2nd
Reserving for street, road and public utility purposes the Westerly 10 122t
thereof.
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PARCEL 3. A parcel of land in Section 4, Township 46 South, Range 4.3 I
East, Palm Beach County, Florida, more particularly described as folloyrs: '
Beginning at a point in a line parallel to, and 76. 1 feet southerly from, I
(measured at right a.ngles) H:e north line of said Section 4, at a di.stance of
260 feet South 89 d:::!gre(;3 18 minutes 46 seconds West of the Westerly rigi'lt- ,
of-way line of the Intraco2.3ial Vlaterway; thence South 89 degrees 18 mi~1ut9S!
46 seconds West along said par211el lbe, a distance of 30 feet; thence So'U.th i
5 degrees 26 minutes 05 seconds \Vest, parallel to the westerly right-of --."2Y;
line of the Intracoastal Vfater\vay a di.sta."1ce of 89. 5 feet; thence I'Tcrt~ 89 1
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degrees 18 minutes 46 seceDe.s E2.st, parallel to the north line of said Secti:),-,
4, a distance of 30 feet; thence Nocth 5 cegrees 26 minutes 06 seconds Ec~stJ II
parallel to said Westerly right-of-way line of the Intracoastal Waterway, a .
distance of 89. 5 feet to the point of begirn1.ing. j
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PARCEL 4. Description of Canal. A parcel of land in Section 4, Tm'mshj.p!
46 South, Range 43 EC'.st, P~-n E'2ach County, Florida, more particularly 1
described as follovrs: From tbe p0:nt of intersection of the westerly :-:-:'C;l:)> '
of-way line of the In':raco2.st'::ci. W-:,-::?:rvlay with a line parallel to, and 61. 2
feet south of" mr,3:aSll........SG at ;;i2~~~t 2~~~.Gles to, the north line of said S.~ctio:l. <:;
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run South 5 degrees 26 minutes OS seconds West, along said westerly i
;~:~~~~~~:V::t l~~~~e~ ~;-;~~:"p~'cc~~;'i\'~:f Jl;~~tht~Jr:l~~ ~~~~~~~e~~gtJ:~~~: ~~~th I
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89 degrees 18 minutes 46 seconds West, parallel to the north line of said I
Section 4, a distance of 370 feet; thence South 5 degrees 26 minutes 06 I
seconds West, parallel to said westerly right-of-way line of the Intracoasta~i
Waterway, a distance of 50 feet; thence North 89 degrees 18 minutes 45 ;
seconds East, parallel to the no:-th line of said Section 4, a distance of 370 I
feet to a point in said Westerly right-of-way line of the Intracoast2J
Waterway; thence North 5 degrees 25 minutes 06 seconds Eo.st, alo;:l;'~ said
westerly right-of-way line, a distance of 50 feet to the point of beginning.
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SECTION 2: That subject tract hereinabove described is
hereby zoned as follows:
(a>. Parcell of said tract - ZOI\fED C-l
<0>' Parcels 2, 3 and 4 of se.id tract - ZO~"'ED R-IAA
as more particularly d::cfinsd und2r the ei:isti.ng zoning code of the City 0:
Boynt on Beach, Florida.
SECTION 3: That the bou:1daries of the City of Boynton B-22,C~,
Florida, are he re bv re d8fl::cs d so as to i.""clude the above de s crih~ d DJ:"-::;::<' r:". ;
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SECTION 4:
s -= r::s.r8.~')ilit:i.
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Ec-.ch of the pro'."isions of this ordinance are separable 2,nd if an:;
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section, subsection, c1au,se, phrase or portion of this ordina~ce is for a~:.y
reason held invalid by any court of compztent jurisdiction, the remaining.
portions shall not be affected but shall remain in full force and effect.
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SECTION 5:
Aut~o:~~ty to CodUZ'
Specific authority is hereby granted to codify and incorporate
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this ordinance in the City's existir.g code.
SECTION 6' 'R0""r.\::oli~ry P~O"l'<::i,..."""
- . ~~-~..,~..._.:-..~.:.> ..I.. . 0,...v.\~a.':).
All ordinances er p2.1.t3 of orcEnances in co!'.ilict herewith ar8
hereby repealed,
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First reading this 21:fo:! day of Mfi"
, A. D. 1962.
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A. D. 1962.
Second, final re::-.dL."'1g and passage this
1( day Of~~ ,
(CORPORATE :->EAL)
ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Bv ~\:r..lt4-(,.J(/~'
'" V Mayor
/yt;z ~:i:~
C~unc2.7an
~~A//4~/ (/i?~~Ld1' / '~f7~,':.,~' ' f:2(i~7/'1~//
City Clerk ~, CounCi~t'
/6~ iCtt 0 .IL~ Dc c&l~~
C~ncilman
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