LEGAL APPROVAL
CITY OF BOYNTON BEACH
OFFICE OF THE CITY MANAGER
Date
October 16, 1991
Arline Weiner, Mayor
Edward Harmening, Vice Mayor
Jose Aguila, Commissioner ~
Lynne Matson, Commissioner
Lillian Artis, Commissioner
AS REQUESTED
FOR YOUR INFORMATION
xxxx
REMARKS: Rezoning Request - West Boynton Beach Boulevard
Attached hereto please find a copy of a Notice of Public Hearing in connec-
tion with the Tradewinds Development Corporation application for Land Use
Element Amendment/Rezoning and Comprehensive Plan Text Amendment for a two
acre, vacant parcel of land lying in the south side of west Boynton Beach
Boulevard between the funeral home and Leisureville development.
Specifically, the request is to amend the Future Land Use Plan from
Moderate Density Residential to Office Commercial and rezone from R-1AA to
C-1.
This memorandum and Notice of Public Hearing is being forwarded to you for
informational purposes only. Should you have any questions relative to any
of the content thereto, please feel free to contact Chris Cutro, Planning
Director, or myself.
~:7~
~ Scott Miller
ity Manager
JSM:cd
cc: Chris cutro, Planning Director
Central File
Attachment
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: Chris Cutro
Planning Director
DATE: October 10, 1991
FROM: Sue Kruse
City Clerk
RE: Planning & Zoning Board~
Mtg. of 11/12/91
Forwarded herewith please find a copy of the Notice of Public Hearing
in connection with the Tradewinds Development Corp. application for
Land Use Element Amendment/Rezoning and Comprehensive Plan Text
Amendment. This matter is scheduled to be heard by the
Planning & Zoning Board on November 12, 1991.
This Notice is scheduled to be mailed to the property owners within
400 ft. tomorrow and will be advertised in the Boynton Beach News on
November 4 and November 13, 1991.
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attachment
cc: City Manager
RECEIVED
OCT 1 tj 10~1
CITY MAN.A.GEi,'S OFFiCE
PLANNING DEPARTMENT MEMORANDUM
TO:
Sue Kruse, City Clerk
FROM:
Tambri J. Heyden, Senior Planner
DATE:
October 14, 1991
RE:
Boynton Beach Boulevard Rezoning - File No. 644
Land Use Element Amendment and Rezoning
Attached please find revised documents for the above-referenced
application which are to replace the corresponding originals on
file in your office which were transmitted to you on September
25, 1991.
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TAMBRI HE DE
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TJH/jm
Atts.
A:REZONESK.JM
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office of the City Attorney a working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
Planning
PREPARED BY:
Tambri J. Heyden
DATE PREPARED:September 26, 1991
BRIEF DESCRIPTION OF NOTICE OR AD: Rezoninq of 2 acre parcel
on Boynton Beach Boulevard
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard legal advertisement (A one-quarter page ad,
la-point letter size headline and placement in "Local News" section
are NOT required since not a large scale land use amendment.)
SEND COPIES OF AD TO:
Affected property owners, newspaper,
Planning Department
NEWSPAPER(S) TO PUBLISH:
DATE(s) TO BE
PUBLISHED:
The News
November 4, 1991 & November 13, 1991
APPROVED BY:
(1) ~~rtt:r--
(D~tment Head)
q~
Date)
( 2 )
(Date)
(City Attorney)
( 3 )
(Date)
(City Manager)
RECEIVED BY CITY CLERK:
COMPLETED:
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fu.J3JfR G-
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF TEXT AMENDMENT
The City of Boynton Beach proposes to change the use of land,
amend the text of the Comprehensive Plan and rezone the land
described in this advertisement.
A public hearing on these proposals will be held before the
Planning and Zoning Board on November 12, 1991, at 7:00 p.m. at
City Hall in the Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the
City Commission on November 19, 1991, at 7:00 p.m. or as soon
thereafter as the agenda permits, at City Hall in the Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida.
Legal Description:
A parcel of land lying in Section 29, Township 45 South, Range 43
East, Palm Beach County, Florida, being more particularly
described as follows:
Beginning at the Northeast corner of Lot 41, Block 2 of the plat
"Replat of First Section Palm Beach Leisureville" as recorded in
Plat Book 28 at Pages 201, 202, 203 ofothe Publi~ Records of Palm
Beach County, Florida; Thence South 01 12'55" East along the East
line of Lots 35-41 of Block 2 of said "Replat of First Section
Pabm Beach Leisureville", a distance of 411.46 feet; Thence North
88 24'52" East, a distance of 199.68 feet to a point of
intersection with the West line of the Plat of "Lake Boynton
Estates Plat 4-A" as recorded in Plat Book 14 at Page 69 of the
PUBlic Records of Palm Beach County, Florida; Thence North
01 35'08" West along said West line, a distance of 464.67 feet to
a point of intersection with the South Right-of-way line of that
106.00 foot wide Right-of-Way for State Road 804 ("Boynton Beach
Boulevard") as shown on the State Road Department Map SR-804
Section 93640-2175 and recorded in Road Plat Book 2 at Page 220
of the Public Records of Palm Beach County, Florida; Thence
Westerly along said south Right-of-Way line along the arc of a
ciocular curve to the left whose radius point bears South
13 5~'39" East, having a radius of 1857.08 feet, a central angle
of 3 58'45", anoarc length of 128.97 feet to a point of tangency;
Thence South 72 02'36" West continuing along said south
Right-of-Way line, a distance of 75.17 feet to the Point of
Beginning.
Said Lands situate in the City of Boynton Beach, Palm Beach
County, Florida.
Containing 87,120 Square feet / 2.0000 Acres, more or less.
Subject to easements, restrictions, reservations, covenants, and
rights-of-way of record.
APPLICANT:
Tradewinds Development Corporation
AGENT:
Kieran J. Kilday, Kilday & Associates
OWNER:
Tradewinds Development Corporation,
Howard Sharlin as Trustee
PROJECT NAME:
Boynton Beach Boulevard Rezoning
PROPOSED USE:
Office
LOCATION:
South Side of West Boynton Beach Boulevard,
approximately 300 feet east of Leisureville
Boulevard
REQUEST: AMEND THE FUTURE LAND USE
PLAN CONTAINED IN THE
COMPREHENSIVE PLAN
From - Moderate Density
Residential
To - Office Commercial
REZONE:
From - R-1AA (PUD)
(Single-Family
Residential)
To - C-1
(Office and
Professional
Commercial)
AMEND THE TEXT OF THE
COMPREHENSIVE PLAN
Change land use recommendations
under Area 7.A. of the Land Use
Problems and Opportunities Section
of the Future Land Use Element, as
it applies to a vacant parcel on
east side of Palm Beach
Leisureville to allow Office
Commercial land use on the north two
(2) acres which fronts on West
Boynton Beach Boulevard.
A copy of the proposed compr~hensive plan amendment, text
amendment and rezoning request are available for review by the
public in the Cityts Planning Department, at 100 East Boynton
Beach Boulevard, Boynton Beach, Florida.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard regarding the adoption of
these Comprehensive Plan amendments. Any person who decides to
appeal any decision of the Planning & Zoning Board or City
Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be used.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH:
THE NEWS
November 4 & 13, 1991
A:PUBHRKIL.JM
ORDINANCE NO.090-7/
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE TEXT OF 'l'HF. ~TTPp(rR'l'
DOCUMENTS OF THE FUTURE LAN~ IJ~}:' ELEMENT
01' 'l'HE COMPRF.H}:'NS TV}:' PLAN ni CONNECTION_
WITH THE BOYNTON BEACH BLuD prn
PROPOSAL; SAID TEXT AMENDMENT WILL ALLOW
A COMMERCIAL LAND USE DESIGNATION;
PROVIDING AUTHORITY TO CODIFY; PROVIDING
A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Plan and as part
of said Plan a Future Land Use Element by Ordinance No.
89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, Kilday and Associates, agent for Bill R.
Winchester have applied to amend a portion of the Support
Documents of the Future Land Use Element entitled Land Use
Problems and Opportunities, Planning Area 7, Area 7.k.; and
WHEREAS,
the
procedure
for
amendment
of
the
Comprehensive Plan as set forth in Chapter 163, Florida
Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the inhabitants
of said City to amend the text of the aforesaid Support
Documents
of
the
Future
Land Use
Element
of
the
Comprehensive Plan as adopted by the City herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The portion of the Support Documents of the
Future Land Use Element entitled Land Use Problems and
Opportunities, Planning Area 7, Area 7.k. is hereby amended
by deleting the words and figures in the strike-through type
as follows:
SECOND, FINAL READING
1J6cGM8f5R--, 1990.
, ,
/Commissioner
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Ceo issioner
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Commissioner
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ATTEST:
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Ci t erk DeptJ..ry .
I
(Corporate Seal)
I
These parcels constitute an
unincorporated pocket which should be
annexed. The first row of lots lying to
the west of the present City limits,
having an east-west dimension of
approximately 300 feet should be placed
in the General Commercial land use
category and C-4 zoning district. These
parcels should be required to dedicate
right-of-way and construct the adjacent
street consistent with requirements that
were placed on the U.S. Post Office.
The commercial parcels should be
developed so as to be compatible with
the future residential use of the
property which lies to the west. ~hose
pareeis-whieh-lie-fttrther-west-shottld-be
plaeed-in-the-High-Residential-land-ttse
eategory.---eommereial--deveiopment--on
this--pareel--shottld--not--be--permitted
sinee -a -single-famB::y -sttbdivision -lies
immediately -to -the -west -and -adeqttate
eommereial-property-exists-elsewhere-in
the -vieinity. The parcels which lie
further to the west may be utilized for
future commercial development subject to
rezonings to Planned Commercial
Development Districts and the
establishment of adequate buffers
adjacent to a single-family subdivision
which lies immediately to the west of
these parcels. Furthermore, building
heights on this parcel should be limited
to 2 stories (25 feet) wi thin 150 feet
and 3 stories within 400 feet of these
single-family lots.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 4. Authority is hereby granted to codify said
ordinance.
Section 5.
This ordinance shall become effective
immediately upon passage.
FIRST READING this ~
day of ~/{
,
1990.