AGENDA DOCUMENTS
PLANNING DEPARTMENT MEMORANDUM NO. 91-283
THRU:
Chairman and Members
~anEt.eing Board
Christopher Cutro, A.I.C.P.
Planning Director
TO:
FROM:
Tambri J. Heyden
Senior Planner
DATE:
November 6, 1991
RE:
Boynton Beach Boulevard Rezoning - File No. 644
Future Land Use Element Amendment/Rezoning
and Comprehensive Plan Text Amendment
Summary: Kieran J. Kilday, agent for Tradewinds Development
Corporation, property owner, is requesting that a 2 acre parcel
be rezoned from R1AA (PUD) to C-1 (Office and Professional
Cormnercial) and that the Future Land Use Plan designation for
this parcel be amended from "Moderate Density Residential" to
"Office Cormnercial". In addition, the applicant has submitted an
application for a Text Amendment to Area 7. a. of the Land Use
Problems and Opportunities Section of the Future Land Use Element
Support Documents of the Comprehensive Plan to allow Office
Cormnercial land use on the north two acres (the subject parcel)
of the vacant property on the east side of Palm Beach
Leisureville.
The subject 2 acre parcel occupies approximately 200 feet of
frontage on West Boynton Beach Boulevard and was subdivided as
acreage that remained after 3.617 acres (abutting the subject
parcel to the south) of an approximate 5.87 acre parcel, owned by
the Tradewinds Development Corporation, was dedicated in
November, 1990 to the City for parks and recreation purposes,
pursuant to the Woolbright Place PUD amended master plan. It
should be noted, however, that the 2 acre parcel which is
proposed to be rezoned to C-1 is not connected with the
Woolbright Place PUD or the Tradewinds settlement. It should
also be noted that an application for rezoning of the subject
parcel to C-2, Neighborhood Cormnercial, was submitted by the
applicant in May of 1990. This request was denied by the City
Cormnission in August of 1990. If rezoned, the 2 acre parcel
could be developed for any use pe~mitted in the C-1 zoning
district.
Surrounding Land Use and Zoning (See attached location map):
Abutting the subject parcel to the north is a 106 foot wide
right-of-way for West Boynton Beach Boulevard. Further to the
north, across West Boynton Beach Boulevard, is the Casa Blanca
rental apartments. Abutting'the subject parcel to the east is a
single-family residence, zoned C-2 (Neighborhood Cormnercial),
within the Lake Boynton Estates subdivision. Also abutting the
subject parcel to the east are vacant single-family parcels
within the Lake Boynton Estates subdivision, zoned R1A
(Single-Family Residential). Abutting the subject parcel to the
southeast is a single-family residence in the Lake Boynton
Estates Subdivision zoned R1A. Abutting the subject parcel to
the south is the vacant 3.617 acre parcel proposed for a future
City park. Abutting the subject parcel to the west are seven
single-family residences within the Palm Beach Leisureville
Section One Subdivision, zoned R1AA (PUD).
Comprehensive Plan - Future Land Use Map & Text: The property in
question is currently shown on the Future Land Use Element as
"Moderate Density Residential", so an amendment to the Future
Land Use Element to "Office Cormnercial", as requested by the
applicant, would be necessary. In addition, Area 7 .a. of the
Comprehensive Plan Future Land Use Element Support Documents
contains the following language (deletion of the text wi thin
brackets is scheduled for the December Planning and Zoning Board
Page 1
and City Cormnission meetings pursuant to the June, 1991 denial of
the zoning by the City Cormnission to implement this language):
7.a. Residential Parcels in Vicinity of Old Boynton Road and
Boynton Beach Boulevard, Between Congress Avenue and
Interstate 95
Due to the increased traffic which will be drawn
to the Boynton Beach Mall, there will be pressure
to rezone the parcels in this area from
residential to cormnercial use. Other than minor
adjustments to the existing zoning district
boundar ies , cormnercial zoning should not be
allowed to extend westward along Old Boynton Road
and Boynton Beach Boulevard. Extending cormnercial
zoning along these thoroughfares would cause
serious traffic congestion and degrade the
residential environment in the adjacent
neighborhoods. In particular, cormnercial zoning
should not be permitted on the residential lots
and small parcels which lie along Old Boynton Road
to the northwest of the Florida Power and Light
substation, and should not be permitted on the
5.87 acre outparcel lying along the east side of
Palm Beach Leisureville. [One addition to the
cormnercial zoning district is desirable, however:
It is recormnended that land use on the southern
300 feet of the R-2 zoned property owned by
Florida Power and Light Company, at the northeast
corner of Boynton Beach Boulevard and Old Boynton
Road be changed to Local Retail Cormnercial, and
the zoning changed to C-2 Neighborhood Cormnercial.
The development of this parcel should be
contingent upon its being combined with the
vacated right-of-way for Old Boynton Road, and the
small triangular-shaped parcel at this
intersection, and the rezoning of the combined
parcels to a planned cormnercial development.] The
northern 330 feet of the Florida Power and Light
Company property should be changed from Medium
Density Residential land use and R-2 zoning to Low
Density Residential land use and R1A zoning. This
land use/zoning change would prevent duplex
dwellings from being placed irmnediately next to a
single-family neighborhood. The vacant outparcel
which lies along the east side of Palm Beach
Leisureville should be limited to either
single-family residential use, with a maximum
density comparable to the adjacent portion of
Leisureville, or to a low-intensity institutional
use.
The applicant has submitted an application for a Comprehensive
Plan Text Amendment to Area 7.a. above. The proposed amendment
reads as follows (brackets indicate areas of change):
7.a. Residential Parcels in Vicinity of Old Boynton Road and
Boynton Beach Boulevard, Between Congress Avenue and
Interstate 95
Due to the increased traffic which will be drawn
to the Boynton Beach Mall, there will be pressure
to rezone the parcels in this area from
residential to cormnercial use. Other than minor
adjustments to the existing zoning district
boundaries, cormnercial zoning should not be
allowed to extend westward along Old Boynton Road
and Boynton Beach Boulevard. Extending cormnercial
zoning along these thoroughfares would cause
serious traffic congestion and degrade the
residential environment in the adjacent
neighborhoods. In particular, cormnercial zoning
should not be permitted on the residential lots
and small parcels which lie along Old Boynton Road
Page 2
to the northwest of the Florida Power and Light
substation [ ]. One addition to the cormnercial
zoning district is desirable, however: It is
recormnended that land use on the southern 300 feet
of the R-2 zoned northwest corner of Boynton Beach
Boulevard and Old Boynton Road be changed to Local
Retail Cormnercial, and the zoning changed to C-2
Neighborhood Cormnercial. The development of this
parcel should be contingent upon its being
combined with the vacated right-of-way for Old
Boynton Road, and the small triangular-shaped
parcel at this intersection, and the rezoning of
the combined parcels to a planned cormnercial
development. The northern 330 feet of the Florida
Power and Light property should be changed from
Medium Density Residential land use and R-2 zoning
to Low Density Residential land use and R1A
zoning. This land use/zoning change would prevent
duplex dwellings from being placed irmnediately
next to either single-family residential
neighborhood.
[The vacant outparcel which lies along the east
side of Palm Beach Leisureville has the potential
for access to Boynton Beach Boulevard via an
existing median opening. The frontage parcel of 2
acres should be limited to Office/Retail use
consistent with the land use to the east. The
balance of the property should be a low intensity
civic or institutional use, or a neighborhood
par k. ]
Issues/Discussion:
Section 9.c.7 of Appendix A, Zoning, of the Code of Ordinances,
requires the evaluation of plan amendment/rezoning requests
against criteria related to the impacts which would result from
the approval of such requests. These criteria and an evaluation
of the impacts which would result from the proposed development
are as follows:
a. Whether the proposed rezoning would be consistent
with applicable Comprehensive Plan Policies. The
Planning Department shall also recormnend
limitations or requirements which would have to be
imposed on subsequent development of the property,
in order to comply with policies contained in the
Comprehensive Plan.
The proposed land use amendment/rezoning would not be consistent
with Area 7.a. of the Comprehensive Plan Future Land Use Element
Support Documents. However, the applicant has submitted an
application for a Comprehensive Plan Text Amendment to Area 7.a.
to amend the existing language to accormnodate the proposed
development, as outlined in a previous section of this memorandum
entitled "Comprehensive Plan Future Land Use Map and Text".
The Discussion of Supply and Demand for Cormnercial Land in the
Comprehensive Plan Future Land Use Element Support Documents
(Volume No.1) indicates that there may be up to 198 acres of
excess cormnercial land at build-out. However, this figure may be
reduced to a surplus of only 30 acres when certain adjustments
are taken into consideration. Thus, it was concluded that the
supply of cormnercial land in the Boynton Beach market area will
match the demand. In addition, this section of the Plan also
states the following:
"The Future Land Use Plan which is proposed for the
City and areas to be annexed by the City will
accormnodate all of anticipated demand for cormnercial
land through build-out. Therefore, the City should not
change the land use to cormnercial categories, beyond
that which is shown on the proposed Future Land Use
Plan, except for minor boundary adjustments, small
Page 3
infill parcels, or cormnercial uses of a highly
specialized nature, which have special locational or
site requirements, and therefore cannot be easily
accormnodated on already designated cormnercial area".
(page 40)
Policy 1.19.6 of the Comprehensive Plan states: "Subsequent to
Plan adoption, do not allow cormnercial acreage which is greater
than the demand which has been proj ected, unless it can be
demonstrated that a particular property is unsuitable for other
uses, or a geographic need exists which cannot be fulfilled by
existing cormnercially-zoned property, or no other suitable
property for a cormnercial use exists for which a need can be
demonstrated, and the cormnercial use would comply with all other
applicable Comprehensive Plan policies".
Policy 1.17.1 of the Comprehensive Plan states: "Discourage
additional cormnercial and industrial uses beyond those which are
currently shown on the Future Land Use Map, except where access
is greatest and impacts on residential land uses are least".
Although the Future Land Use Plan which is proposed for the City
will accormnodate all of the anticipated demand for cormnercial
land through build-out, Policy 1.19.6 of the Comprehensive Plan
allows additional cormnercial acreage which is greater than the
demand projected, if it can be demonstrated that a particular
property is unsuitable for other uses. Since the subject 2 acre
parcel represents acreage that remainded after a 3.617 acre
parcel was dedicated to the City to be developed for a public
park, it is arguable that the subject parcel is no longer
suitable for the development of single-family homes, due to the
small parcel size and the proximity to Boynton Beach Boulevard.
Although the subject parcel meets the "where access is greatest"
criteria of Policy 1.17.1, it does not, however, meet the
criteria of Policy 1.17.1 which states where "impacts on
residential land uses are least". There will be a further
discussion concerning consistency with applicable Comprehensive
Plan policies in subsequent sections of this memorandum and
recormnendations for minimizing the impacts associated with office
and professional cormnercial uses will be discussed in the section
entitled "Conclusions/Recormnendations", in order to comply with
policies contained in the Comprehensive Plan.
b. Whether the proposed rezoning would be contrary to
the established land use pattern, or would create
an isolated district unrelated to adjacent and
nearby districts, or would constitute a grant of
special privilege to an individual property owner
as contrasted with protection of the public
welfare.
Although the proposed rezoning would not be consistent with the
adopted policy for Area 7. a. of the Comprehensive Plan Future
Land Use Element Support Documents, the dedication of the 3.617
acre parcel to the south for a public park suggests that some
other use of the remaining 2 acre, subject parcel is warranted,
as long as the impacts on adjacent residential land uses can be
minimized. Due to the low intensity of the uses allowed within
the C-1 zoning district, this zoning district has been used
effectively throughout the City as a transition zone between
residential land uses and more intensive cormnercial uses, such as
those allowed in the C-2 zoning district; the zoning of the
property to the east of the subject parcel. Therefore,
designation of a C-1 zoning district on the subject parcel would
be related to the adjacent and nearby districts and not consitute
a grant of special privilege to this property owner.
c. Whether changed or changing conditions make the
proposed rezoning desirable.
As outlined under item "b" of this memorandum, subdivision of the
approximate 5.87 acre parcel into the subject parcel and the
3.617 acre parcel, dedicated to the City after the adoption of
the language in Area 7.a. of the Comprehensive Plan Support
Page 4
Documents, suggests that some use. of this parcel, other than
residential, is warranted due to the relatively recent
subdivision of a 5.87 acre parcel into the small subject parcel
and the parcel proposed for a City park. The small parcel size
directly affects the developability of this parcel as discussed
under item "f" of this memorandum.
d. Whether the proposed rezoning would be compatible
with utility systems, roadways, and other public
facilities.
Although there are existing municipal water and sewer mains along
Boynton Beach Boulevard in the vicinity of the subject parcel,
construction drawings for connecting to the existing system would
not be required until the time of site plan approval. concerning
roadways, the traffic study submitted has been reviewed by Palm
Beach County and has been determined to meet the requirements of
the Palm Beach County Traffic Performance Standards Ordinance.
However, since the traffic study evaluated development of the
subj ect parcel for medical offices, which is not the highest
traffic generator of the C-1 uses, Palm Beach County will require
a new traffic study to be submitted at the time of site plan
review, if site plan approval for a use other than medical
offices is requested.
e. Whether the proposed rezoning would be compatible
wi th the current and future use of adj acent and
nearby properties, or would affect the property
values of adjacent and nearby properties.
Glare and light from parking lot illumination, noise from trucks,
noise from loading and unloading activities, noise due to
unloading of dumpsters and removal of compactors, noise from cars
and patrons in parking areas, noise during late or early hours of
operation, odors from dumpsters (which can be detected up to 200
feet away), trash and litter accumulation and unpleasant
aesthetics in the rear of cormnercial buildings are those impacts
that are typically associated with cormnercial uses. However,
considering the nature of the C-1 uses that could reasonably (due
to parcel size) be developed on the parcel, which generally
generate minimal truck traffic, paper-type garbage and exhibit
8:00 a.m.-5:00 p.m. hours of operation, the proposed rezoning
would be compatible with adjacent and nearby properties with the
appropriate restrictions and proper buffering, as will be
discussed in the "Conclusions/Recormnendations" section of this
memorandum.
(
f.
Whether the
economically
zoning.
property
developable
is physically and
under the existing
Under the existing R1AA (PUD) zoning, the property could be
developed for a maximum of 14 single-family residences. However,
dedication of road right-of-way, platting of lots, and provision
of an adequate buffer along Boynton Beach Boulevard would likely
reduce this yield by as much as fifty percent. The applicant has
submitted documentation which indicates that the property is
economically undevelopable under the existing zoning, owing to
the small parcel size, the proximity to Boynton Beach Boulevard,
the economic feasibility of developing a residential project of
so few units and the difficulty of financing such a development.
g. Whether the proposed rezoning is of a scale which
is reasonably related to the needs of the
neighborhood and the City as a whole.
Due to the size of the parcel and the intensity of the cormnercial
uses allowed under the C-1 zoning district, the proposed rezoning
is of a scale which is reasonably related to the needs of the
neighborhood and the City as a whole. I t should be noted,
however, that approval of additional office and professional
cormnercial development in this area of the City may limit and
compete with redevelopment in the Central Business District,
Page 5
along u.s. 1, and along Boynton Beach Boulevard east of
Interstate 95.
h. Whether there are adequate sites elsewhere in the
City for the proposed use, in districts where such
use is already allowed.
As outlined in the discussion of supply and demand for cormnercial
land in the Future Land Use Element Support Documents of the
Comprehensive Plan, "the Future Land Use Plan which is proposed
for the City and areas to be annexed by the City will accormnodate
all of the anticipated demand for cormnercial land through
build-out". This paragraph of the Plan further states that "the
Ci ty should not change the land use to cormnercial categories,
beyond that which is shown on the proposed Future Land Use Plan,
except for minor boundary adjustments, small infill parcels, or
cormnercial uses of a highly specialized nature, which have
special locational or site requirements, and therefore cannot be
easily accormnodated on already designated cormnercial areas".
This discussion is formalized in Policy 1.19.6 of the
Comprehensive Plan (see discussion under item "a" concerning
Policy 1.19.6).
It is arguable that there are adequate sites zoned C-1,
elsewhere in the City, that are either vacant or are developed,
but have vacant floor area that could be occupied by most of the
uses allowed under C-1 that would potentially locate on the
subj ect parcel. However, the Comprehensive Plan does make an
exception within Policy 1.19.6 for small infill parcels, as
stated above. Considering the small size of the subject parcel,
which most likely will be developed as one building, the proposed
rezoning qualifies for this exception.
Conclusions/Recormnendations: The creation of the subject 2 acre
parcel when the 3.617 acre parcel to the south was created and
dedicated to the City for a public park, suggests that
development of this site for single-family homes may not be
sui table, due to the small parcel size, buffer requirements,
developability of the parcel and economic considerations, and
that development of the site for some other purpose, such as
offices or lower intensity institutional uses, may be warranted.
Policy 1.19.6 of the Comprehensive Plan allows for property to be
rezoned cormnercial to accormnodate minor boundary adjustments and
infill parcels. Policy 1.17.1 of the Comprehensive Plan
discourages cormnercial rezonings, except where access is greatest
and impacts on residential land uses are least. Therefore, it
can be concluded that the underlying issue in this rezoning
petition is the impact on the adjacent single-family land uses.
Wi th respect to the above, the Planning Department recormnends
that the requests for Future Land Use Element Amendment,
Rezoning, and Comprehensive Plan Text Amendment, submitted by
Kilday & Associates for Howard Sharlin as Trustee for Tradewinds
Development Corporation, should be approved, subject to the
following conditions and limitations:
1. That the uses be limited to professional/medical
offices or low intensity public or institutional uses.
2. Dedication of right-of-way for Boynton Beach Boulevard
sixty (60) feet from centerline, consistent with the
Palm Beach County Thoroughfare Right-of Way Protection
Map and Policy 2.6.3 of the City's Comprehensive Plan.
(Survey submitted does not reflect this dedication.)
3. That the Planning Department prepare an amendment to
Land Use Conflict Area 7.a. to limit the uses on the
site to those listed under item number 1 above and to
restrict development of the parcel to minimize the
impacts on the adjacent single-family land uses as
outlined below (amended language appears wi thin
brackets) :
Page 6
7.a. Residential Parcels in Vicinity of Old Boynton Road and
Boynton Beach Boulevard, Between Congress Avenue and
Interstate 95
Due to the increased traffic which will be drawn
to the Boynton Beach Mall, there will be pressure
to rezone the parcels in this area from
residential to cormnercial use. Other than minor
adjustments to the existing zoning district
boundaries, cormnercial zoning should not be
allowed to extend westward along Old Boynton Road
and Boynton Beach Boulevard. Extending cormnercial
Zoning along these thoroughfares would cause
serious traffic congestion and degrade the
residential environment in the adjacent
neighborhoods. In particular, cormnercial zoning
should not be permitted on the residential lots
and small parcels which lie along Old Boynton Road
to the northwest of the Florida Power and Light
substation[. Two additions to the cormnercial
zoning district are desirable, however: 1)] It
is recormnended that the land use on the southern
300 feet of the R-2 zoned property owned by
Florida Power and Light Company, at the northeast
corner of Boynton Beach Boulevard and Old Boynton
Road, be changed to Local Retail Cormnercial, and
the zoning changed to C-2 Neighborhood Cormnercial.
The development of this parcel should be
contingent upon its being combined with the
vacated right-of-way for Old Boynton Road, and the
small triangular-shaped parcel at this
intersection, and the rezoning of the combined
parcels to a planned cormnercial development. The
northern 330 feet of the Florida Power & Light
Company property should be changed from Medium
Density Residential land use and R-2 zoning to Low
Density Residential land use and R1A zoning. This
land use/zoning change would prevent duplex
dwellings from being placed irmnediately next to a
single-family neighborhood; [and 2) It is
recormnended that the land use on the vacant 2 acre
parcel which lies along the east side of Palm
Beach Leisureville and fronts on Boynton Beach
Boulevard be changed to "Office Cormnercial" and
the zoning changed to C-1 Office and Professional
Cormnercial, due to the small size of the parcel
which was created after the dedication to the City
for public park purposes of 3.617 acres, south of
the 2 acre parcel, to create a transition between
the single-family zoning to the west and the C-2
zoning to the east. However, due to the close
proximity of the 2 acre cormnercial parcel to
existing single-family residences in Palm Beach
Leisureville and Lake Boynton Estates, the
following restrictions should be placed on the
development of the site:
a. Building heights should be limited to one story;
b. Pole-mounted lighting should be provided instead
of building-mounted lighting and lighting fixtures
should be properly shielded and directed so as to
minimize glare on nearby residences:
c. Screening and noise mitigation should be provided
for all mechanical equipment;
d. A six foot high concrete block buffer wall should
be provided along the eastern and western property
boundaries adjacent to single-family parcels in
Palm Beach Leisureville and Lake Boynton Estates
and trees should be planted along the buffer wall
20 feet on center with canopies above the 6 foot
high buffer wall.
Page 7
e. Development of the parcel should be limited to
professional/medical offices or low intensity
public or institutional use.]
If it is the desire of the Planning and Zoning Board to recormnend
approval or the City Cormnission to approve these requests without
the use limitations and restrictions to minimize the impacts on
the adj acent single-family land uses, it is recormnended that
approval be contingent upon the following:
1. That the request to amend Land Use Conflict Area 7.a.
of the Comprehensive Plan Future Land Use Element
Support Documents be modified as outlined below, to
correct some minor inaccuracies in the applicant's
proposed language:
7.a. Residential Parcels in Vicinity of Old Boynton Road and
Boynton Beach Boulevard, Between Congress Avenue and
Interstate 95
Due to the increased traffic which will be drawn
to the Boynton Beach Mall, there will be pressure
to rezone the parcels in this area from
residential to cormnercial use. Other than minor
adjustments to the existing zoning district
boundaries, cormnercial zoning should not be
allowed to extend westward along Old Boynton Road
and Boynton Beach Boulevard. Extending cormnercial
zoning along these thoroughfares would cause
serious traffic congestion and degrade the
residential environment in the adjacent
neighborhoods. In particular, cormnercial zoning
should not be permitted on the residential lots
and small parcels which lie along Old Boynton Road
to the northwest of the Florida Power and Light
substation [ ]. One addition to the cormnercial
zoning district is desirable, however: It is
recormnended that land use on the southern 300 feet
of the R-2 zoned property owned by Florida Power
and Light Company, at the northeast corner of
Boynton Beach Boulevard and Old Boynton Road be
changed to Local Retail Cormnercial, and the zoning
changed to C-2 Neighborhood Cormnercial. The
development of this parcel should be contingent
upon its being combined with the vacated
right-of-way for Old Boynton Road, and the small
triangular-shaped parcel at this intersection, and
the rezoning of the combined parcels to a planned
cormnercial development. The northern 330 feet of
the Florida Power and Light Company property
should be changed from Medium Density Residential
land use and R-2 zoning to Low Density Residential
land use and R-1A zoning. This land use/zoning
change would prevent duplex dwellings from being
placed irmnediately next to a single-family
neighborhood. The vacant [ 2 acre parcel which
lies along the east side of Palm Beach
Leisureville and fronts on Boynton Beach
Boulevard, that remained after the dedication to
the City for park purposes of 3.617 acres, south
of the 2 acre parcel, has the potential for access
to Boynton Beach Boulevard via an existing median
opening. This parcel should be limited to Office
Cormnercial land use as a transition between the
single-family zoning to the west and the C-2
zoning to the east.]
Page 8
NOTE:
TJH/jm
Pursuant to Section 163.3174(4)(a), Florida Statutes,
the Planning and Zoning Board, as the Local Planning
Agency, is required to make a recormnendation to the
Ci ty Cormnission wi th respect to these proposed
amendments to the Comprehensive Plan, and is required
pursuant to Section 163.3194(2) to make a
recormnendation to the City Cormnission with respect to
the consistency of the proposed zoning of this property
with the Comprehensive Plan.
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Page 9
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MORTON 421.10
2 ACRE PARCEL
, .,
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II
.below, in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type All Information.
I. GENERAL INFORMATION
1. Project Name: Boyn~nn RPA~h Bnu1pvArd Rp~nning
2. Type of Application (check one)
a. Rezoning only
b. Land Use Amendment Only
xx c. Land Use ~nendment and Rezoning
3. Date this application is accepted (to be filled out by
Planning Department):
4. Applicant's Name (person or business entity in whose
name this application is made):
Tradewinds Development Corporation
Address:
902 Clint Moore Road, Suite 124
Boca Raton,Fl 33487
(Zip Code)
FAX: 241-0646
Phone:
407-994-3133
5. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates
Address:
1551 Forum Place. Bldg. 100A
West Palm Beach. Fl 33401
Phone:
407-689-5522
(Zip Code)
FAX: 407-689-2592
6. Property Owner's (or Trustee's) Name:
Address:
Howard Sharlin as Trustee. Tradewinds Dev. Corp.
902 Clint Moore Road, Suite 124
Boca Ra~nn, Fl 334R7
407-994-3133
(Zip Code)
FAX: 407-241-0646
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
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( 2 )
7. Correspondence Address (if different than applicant or
agent) :
Same as Aqent
.,
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*This is the address to which all agendas, letters, and
other materials will be mailed.
8.
What is the applicant's interest in the subject parcel:
(Owner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
Owner
9. Street Address or Location of Subject Parcel:
i
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I
)
South side of Boynton Beach Blvd, East of Leisurville Blvd.
10.
Legal Description of Subject Parcel:
See Attached Exhibit "A"
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1
11.
Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): 2.00 acres f
Current Zoning District:R-1-AA (PUD)
12.
13. Proposed Zoning District: C-l
14. Current Land Use Category: MoDR (Max. 7.26 DU/AC)
15. Proposed Land Use Category: Office/Commercial
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.
,
16.
Intended Use of Subject Parcel: Office/Retail
17. Developer or Builder: Tradewinds Development Corporation
18.
Architect:
~/A
19. Landscape Architect: N/A
20. Site Planner: Kilday & Associates
21. Civil Engineer: Caufield & Wheeler
22. Traffic Engineer: KS Rngpr~ ~nn A~~n~;Qtes
23. Surveyor: Caufield & Wheeler
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
Revised 10-3-91
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EXHIBIT "A"'
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.A parcel of land lying in Section 29, Township 45 South,
Range 43 East, Palm Beach County, Florida, being more
particularly described a~ follows:
"
Beginni~g ~t the Northeast corner of lot 41, Block 2 of the
pl't "Replat of First Section Palm Beach Leisurevil1e" as
recQrded in Plat Book 28 at Pages 201, 202, and 203 of the
Public Records of Palm Beach County, Florida; Thence South
Ot.~2'55" East along the East line of' Lots 35-41 of Block 2
of said "Replat of First Section Palm Beach Leisureville", a
distance of 411.46 feet; Thence North 88024'52 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 01035'08.' 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 .
166.00 foot wide Right-of-Way for State Road 804 ("Boynton
Beach 80ulevard~) as shown on the State Road Department Hap
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 circular curve to:the left whose radius point bears
South 13058'39" East, having a radius of 1857.08 feet, a
central angle of 3058'45", an arc length of 128.97 feet to a
point of tangency; Thence South 72002'36" West continuing
along said south Right-of-Way line, a distance of 75.17 feet
to the Point of Beginning.
.
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Said Lands situate in the City of Boynton Beach, Palm Beach
County, Florida.
Containing 07,120 Square feet / 2.0000 Acres, more of less.
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Subject to easements, restr.ictions, reservations, covenants,
and rights-of-way of record.
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APPLICATION FEES. Fees shall be paid at the time that the
application is submitted, according to the fees which have
been adopted by ordinance or resolution. The Planning
Department will inform the applicant as to the fees which
are required. All fees shall be paid by check, payable to
the City of Boynton Beach.
CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings i any papers or plans submitted herewith are true
to the of (my) (our) knowledge and belief. This
.appl t on will not be accepted unless signed according to
th ructions below.
~
S gnature of Owner{s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
AGENT
~
Signature of Owner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
~
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
if J, (
Date
person as (my)
application.
F/lk
Date
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Kilday & Associate.
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
lITEM 'G'
Justification Statement
for
Rezoning/Land Use Amendment for
2-Acre Boynton Beach Blvd. Parcel.
The peti tioner is requesting a Rezoning/Land Use
Amendment to allow the commercial development of
approximately two ( 2) acres of property on the south
side of Boynton Beach Boulevard. This property is
directly adjacent to existing C2 commercially zoned
property. This property is a portion of a larger 5.87
acre parcel of land currently designated. residential.
A text amendment application has been submitted
concurrently with the Rezoning/Land Use Application.
It is not reasonable to expect this small of a parcel
of land to develop residentially abutting a major
arterial with commercial zoning on the east side.
Additionally, access to the two (2) acres would be
from Boynton Beach Boulevard. While access to a
commercial development is acceptable from a major
arterial, it is not reasonable to expect residential
development of so small a parcel of land to have the
additional burden of entering and exiting on a major
highway .If this property is developed with a lower
intensity commercial development, it will act as a
buffer between the residential property to the west
and the commercial to the east.
For an economic standpoint, the development of a 2 acre
parcel as residentiaL is unfeasible due to the minimal
number of- units that could physically be located on site.
To maximize density, a multi-story building would need to
be constructed to make the project economically feasible.
An office/commercial development is a more liable devel-
opment due to the fact that it will be one building, only
need minimal utility connections, etc. and, in todays
economy, be an easier project to finance and develope. Due
to the size of the project, it will not be too much space
to lease and may even be a single tract building.
For a11 these reasons, the petitioner requests that a
aezoning/Land Use Amendment be granted to C-1 Zoning.
Rev;~pn 10-3-91
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CAULFIELD & WHEELER, INC.
Consulting Engineers · Planners. Surveyors
August 15, -1991
Boynton Beach Planning Department
P.O. Box 310
120 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Subject: Water & Sewer Flows
Proposed 2 Acre Site in Parcel 103
Boynton Beach Boulevard, 550' West of S.W. 8th St.
Section 29, Township 45 South, Range 43 East
Boynton Beach, Florida
Attention: Planning Director
Our office has reviewed the water and sewer flow
information for the subject site and we have calculated the
following flow estimates for the project. These estimates
were based on the existing medium density residential zoning
classification which would allow 15 residential units to be
constructed on the 2 acre site, and a proposed rezoning to
commercial classification which would allow a 34,848 sq. ft.
office type development. Per capita flow data was based on
regulations and information of the Palm Beach County Health
Department. Irrigation flows are not included in the
calculations.
Existing residential average daily flows:
15 D.O. x 350 ga1./day = 5,250 ga1./day.
Proposed office average daily flows:
34,848 Sg.Ft
150 Sq.Ft./Employee x 20 gpd/employee =
4,646 gal. /day
Should you have any questions on this informa'tion,
please don't hesitate to contact me.
CDB : j c
1301-A West Palmetto Park Road. Suite 100A
Boca Raton, Florida 33433
407.392-1991
FAX: 407.750-1452
ITEM 'H'
Comparison of Impacts
1.
Under the current RIAA zoning, a residential
development of up to 7.26 buildings/acre could be
achieved. On the 2.00 acres parcel this would
yield 15 moderate density (multi-family) dwelling
units. Under the proposed C-1 zoning district, an
office/retail complex could be allowed. *
2.
The proposed use of this 2.00 acre parcel would be
for an office/retail complex to serve residents of
the surrounding community. *
3.
Due to the small size of the proposed project, it
will all be built at one time. There will be no
proposed phasing. The approval process will. take
approximately 4-6 months, with approximately 6
months to 1 year for construction. Therefore, the
project should be built out within two years.
It is estimated that approximately 12-15 employees
will work at the proposed facility.
+.
5.
The residential development that would be allowed
would generate 105 tpd. (15 DU @ 7 tpd / unit);
the proposed office / retail development would
generate 1,191 tpd. (see attached traffic report).
* Per items 1 and 2, above, the proposed facility
will be office/commercial in nature and conform to
the uses allowed in the C-l Zoning District includ-
lng churches, financial institutions, funeral homes
with or without crematoriums, government buildings,
hospitals, medical.and dental offic7s/clinics, .
nursing/convelescent homes, pharmacles and surglcal
supplies, professional and business offices, day
care and nursery schools, veterinary offices,
preschool facilities, and primary and seco~dary
schools, as outlined on page 1914 of the Clty of
Boynton Beach zoning Code.
Revised 10-3-91
" I..
471. -1.0 MORTON
2 3 PARCEL
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CITY' OF BOYN!ON BEACH, FLORIDA
" .
PLANNING & ZONING BOARD
COMPREHENSIVE PLAN - TEXT AMENDMENT APPLICATION
;.
This application must be filled out completely and accurately and
submitted in two (2) copies to the Planning Department.'
Incomplete applications will not be processed.
Please Print Legibly or Type all Information.
I. GENERAL INFORMATION
1. Applicant's Name (Person or business entity in whose
name this application is made):
TRAnRWTNn.c: nRvRT.Ol'MENT CORPORATION
Address: 902 CLINTMOORE ROAD, SUITE 124
BOCA RATON FL 33487
(Zip' Code)
Phone:
( 407) 994-3133
FAX: (407) 241-0646
2. Agent's Name (person, if any, representing applicant):
KIERAN J. KILDAY/KILDAY & ASSOCIATES
Address: 1551 FORUM PLACE, BLDG 100A
WEST PALM BEACH FL 33401
Phone:
(407) 689-5522
(Zip Code)
FAX: (407) 68'9-2592
3. Correspondence Address (if different than applicant or
agent) : *
Aqents Address
(Zip Code)
Phone:
FAX:
*
This is the address to which all agendas, letters,
and other materials will be mailed.
II. PROPOSED AMENDMENT. The undersigned hereby petitions the
Planning and Zoning Board and city Commission of the City of
Boynton Beach, Florida, to amend the text of the Comprehen-
sive Plan for the reasons stated below:
1. Section, page number, and exact language contained in
the Comprehensive Plan which the applicant desires to be
amended:
VIII Land Use Problems and Opportunities / Planning Area 7
Pg 86 7 a.
See Attached Exhibit "A"
PLANNING DEPARTMENT - JANUARY 1991
A: TxtAmend
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2. Nature of Amendment requested:
See Attached Exhibit liB"
3. Properties or persons that would be affected by proposed
amendment:
Rpp ~~~~~hp~ Ryhihi~ "C"
4. statement of conditions, hardships, or other reasons
justifying the proposed amendment:
See Attached Exhibit "D"
III. LIST OF AFFECTED PROPERTY OWNERS. For all proposed Compre-
hensive Plan amendments which would change the permitted use
of property, the applicant must submit the following
materials in two (2) copies:
1. A complete list of all property owners, mailing
addresses, and legal descriptions for all properties for
which the permitted uses of said properties would be
changed, as recorded in the latest official tax rolls in
the county court house shall be furnished by the
applicant. Mailing labels for these addresses must also
be provided. Said list shall be accompanied by an
affidavit stating that to the best of the applicant's
knowledge, said list is complete and accurate. Notifi-
cation of affected property owners will be handled by
the City Clerk of the City of Boynton Beach.
PLANNING DEPARTMENT - JANUARY 1991
A: TxtAmend
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2. A copy of the Palm Beach County Property Appraiser's
maps showing all of the propertie~ referred to in
paragraph 1, above.
IV. APPLICATION FEES. Fees shall be paid at the time that the
.application is submitted, according to the attached
schedule. All fees shall be paid by check, payable to the
City of Boynton Beach.
V. CERTIFICJl.TION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent records
of the Planning and Zoning Board. (I) (We) hereby certify that
the above statements and any statements or showings in any papers
or plans sub ' ted herewith are true to the best of (~y) (our)
knowledge belief. This application will not be accepted
unless ~ ed according to the instructions below.
!.
-7
Signature of Applicant
?hj;
, Date
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VI. AUTHORIZATION OF AGENT
s/'W
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above signed person as (my)
to this application.
3h4/
Date
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PLANNING DEPARTMENT - JANUARY 1991
A: TxtAmend
EXHIBIT 'A'
PLANNING AREA 7--BOYNTON BEACH BOULEVARD CORRIDOR,
BETWEEN INTERSTATE 95 AND LAWRENCE ROAD
7.a. Residential Parcels in Vicinity of Old Boynton
Road and Boynton Beach Boulevard, Between Congress
Avenue and Interstate 95
Due to the increased traffic which will be drawn to
the Boynton Beach Mall, there will be pressure to
rezone the parcels in this area from residential to
commercial use. Other than minor adjustments to the
existing zoning district boundaries, commercial zoning
should not be allowed to extend westward along Old
Boynton Road and BOYnton Beach Boulevard. Extending
commercial zoning along these thoroughfares would cause
serious traffic congestion and degrade the residential
environment in the adjacent neighborhoods. In partic-
ular, commercial zoning should not be permitted on the
residential lots and small parcels which lie along Old
BOYnton Road to the northwest of the Florida Power and
Light substation, and should not be permitted on the
5.87-acre outparcel lying along the east side of Palm
Beach Leisureville. One addition to the commercial
zoning district is desirable, however: It is recommen-
ded that land use on the southern 300 feet of the R-2
zoned property owned by Florida Power and Light Co., at
the northwest corner of Boynton Beach Boulevard and Old
Boynton Road be changed to Local Retail Commercial, and
the zoning changed to C-1 Commercial. The development
of this parcel should be content upon its being combin-
ed with the vacated right-of-way for Old Boynton Road,
and the small triangular-shaped parcel at this inter-
section, and the rezoning of the combined parcels to a
planned commercial development. The northern 330 feet
of the FPL property should be changed from Medium Dens-
ity Residential land use and R-2 zoning to Low Density
Residential land use and R-1A zoning. This land use/
zoning change would prevent duplex dwellings from being
placed immediately next to either single-family resi-
dential neighborhood. The vacant outparcel which lies
along the east side of Palm Beach Leisureville shou~d
be limited to either single-family residential use,
with a maximum density comparable to the adjacent por-
tion of Leisureville, or to a low-intensity institu-
tional use.
EXHIBIT 'B'
PLANNING AREA 7--BOYNTON BEACH BOULEVARD CORRIDOR,
BETWEEN INTERSTATE 95 AND LAWRENCE ROAD
7.a. Residential Parcels in Vicinity of Old Boynton
Road and Boynton Beach Boulevard, Between Congress
Avenue and Interstate 95
- -
Due to the increased traffic which will be drawn to
the Boynton Beach Mall, there will be pressure to
rezone the parcels in this area from residential to
commercial use. Other than minor adjustments to the
existing zoning district boundaries, commercial zoning
should not be allowed to extend westward along Old
Boynton Road and Boynton Beach Boulevard. Extending
commercial zoning along these thoroughfares would cause
serious traffic congestion and degrade the residential
environment in the adjacent neighborhoods. In partic-
ular, commercial zoning should not be permitted on the
residential lots and small parcels which lie along Old
Boynton Road to the northwest of the Florida Power and
Light substation. One addition to the commercial zon-
ing district is desirable, however: It is recommended
that land use on the southern 300 feet of the R-2 zoned
property owned by Florida Power and Light Co., at the
northwest corner of Boynton Beach Boulevard and Old
Boynton Road be changed to Local Retail Commercial, and
the zoning changed to C-2 Neighborhood Commercial. The
development of this parcel should be content upon its
being combined with the vacated right-of-way for Old
Boynton Road, and the small triangular-shaped parcel at
this intersection, and the rezoning of the combined
parcels to a planned commercial development. The
northern 330 feet of the FPL property should be changed
from Medium Density Residential land use and R-2 zoning
to Low Density Residential land use and R-1A zoning.
This land use/zoning change would prevent duplex dwell-
ings from being placed immediately next to either
single-family residential neighborhood.
The vacant outparcel which lies along the east side of
Palm Beach Leisureville has the potential for access to
Boynton Beach Boulevard via an existing median opening~
The frontage parcel of 2 acres should be limited to an
Office/Retail use consistent with the land use to the
east. ~he balance of the property should be a low
intensity civic or institutional use, or a neighborhood
-Eark.
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
EXHIBIT 'D'
Justification Statement
for
Text Amendment for Planning Area.'7-..Boynt.onBeach Blvd. Corridor
The petitioner is requesting a modification of language to
allow the commercial development of approximately two (2)
acres of property on the south side of Boynton Beach Boule-
vard. This property is directly adjacent to existing C2
commercially zoned property.
Access to the two (2) acres would be from Boynton Beach Bou-
levard. While access to a commercial development is accept-
able from a major arterial, it is not reasonable to expect
residential development on so small a parcel of land to have
the additional burden of entering and exiting on a major
highway.
For all of these reasons, the petitioner requests that the
language of the Comprehensive Plan be amended to allow for
the final commercial development of this vacant parcel. The
affect of this change will have no effect on any adjacent
properties. All of the properties extending further to the
west are already zoned and developed as residential proper-
ties fronting arterial roads with the backs of the properties
to Boynton Beach Boulevard. This change allows for the
resolution of this issue. Otherwise, it can be expected that
the property will remain vacant and as a potential future
eyesore.
August 15, 1991
To Whom it may concern:
Tradewinds
Group
This letter will serve as an authorization for and con-
firmation of Mr. Kieran Kilday, Kilday & Associates,
and Michael Morton to act as our agent for any matter
relating to the approvals for the Boynton Beach
Boulevard text amendment, land use and rezoning
requests.
Congress Corporate Plaza
902 Clint Moore Road
Suite 124
Boca Raton. FL 33487
(407) 994-3133
Very truly yours,
TRADEWINDS DEVELOPMENT CORP.
(A Florida corporation) d/b/a
TRADEWINDS GROUP
Its: Secretary/Treasurer
STATE OF FLORIDA
COUNTY OF PALM BEACH
I hereby certify that on this 15th day of August, 1991,
before me came DAVID J. LEVY, as Secretary/Treasurer of
TRADEWINDS DEVELOPMENT CORPORATION d/b/a TRADEWINDS
GROUP, Boca Raton., Florida,. respectfully of the Ap-
plicant, to me known to be the person described and who
executed the foregoing and acknowledged same to me.
OJ . O{j~
C, Staee of Florida at Large
· Notary Pu&li<<. State of Florida
My Comnussion Expires feb:2S.~ 1993
Bonded Th,u..Troy foin .In.uro;.t. In<.
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BOCA R4-nw, FL ~ 43
A. D. 1986 by
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".' 'W.\RIANrY DfrD
.. nOM INDIVIDUAL to COll'OlAlION
RAMeo FORM 34
.'
.Ihis Mla1'ranly Jeee! Made 111e
SOL C. SHAYE and JONATHAN I. KISLAK, as
Jlercinafler calleel 111e gran lor, 10
HOWARD R. SCHARLIN, as Trustee
a corporaUon t!xislin!J' uneler I lit! laws of Ille Slale of FLORIDA
ntltlr(tss al 1399 S. W. First Avenue, Miami, Florida 33130
Ilereinafler called lilt! oranlee:
7th
clay 0/
Co-Trustees
November
. wilTl ifs permanenl posloffice
(Wh..ever 1I..d h.r,;n Ihe lerm. "ltran'n," and '"(f.an'.e" int.l..de all Ih. pa"i.1 '0 this ins',\Imenl and
dut hri.... JrHa' reprltsenlatiW!J and ani"'ftl nl indivldu..b, and the ,ucCrlsnrs and a..irn, 01 C'orporationl)
~itnesscth: Tllal Ille oranlor, for anel in consieleralion of ITlI! sum of $ 10.00 . and oIT,!!r
I'aluaMe considerations. receipl whereof is hereb)' acknoruleJgecl. hereby aranls, [,argolns, selll, aliens. re.
mises, ruleMes, comleys and confirms unlo llle orontce, all Ihal cerlain lanel situate in Palm Beach
Counl)', Florida, vi::::
Description of land set forth on "Exhibit A" attached hereto and made a
~art hereof.
SUBJECT TO bUilding and zoning regulations now in force and applicable
to the property and effective as of the date hereof; covenants, restrictions,
teservations, dedications, rights-of-way and easements of record; and any
fact which would be disclosed by a survey by Richard L. Shephard and Associates,
Inc., dated February 7, 1985, and an inspection of the subject premises.
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all Il,e tcncments, llereclilamenls and appurtcnances ITlerelo helongina or in any.
1() }{aue and tD }{()ld;' ITlo same in feo simple forever:
ilnd tl,e amnlor lltmd,y covenants willI sairl oranlee 11101 Il,e granlor is lawfully sei:::cel of said land
"1 feD simpeo: 11,01 1110 grOFI/or lIas croDel riglll and lawful allll,orll)' 10 serI anel convey soiel i.md: 11101 Ihe
o granlor Tlere/))' fully warmnls Ille wln 10 sold lanel and will clcfcneI Ille same againsl Ille lawful claims of
.all parsons ruT10mS~em(!r: and "Ial saieI land is freo oJ all encumlJrancos. oxcept laxos accruing subsequent
10 Dacem/'or 31,19 85.
JI1 Witness Whet'eof, ITlo said !lranlor TinS Tloreunlo sel our lland and seal 1110 clay and year
firsl er!,Of/e lUrill~n.. ........J
Si~:~acl, cr;,{cc/ allcl '(~'" ;n m.. PM"~..,' r .,:. ~. f rP $dt-'- /~ _
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STATE OF J' ORIDA. )
COUNTY OF DADE ~ ss :
J HEREBY CERTIFY that on this day. before me, an
orrieer duly lIulhorized in the Stute ufores:lid and in the County uforesaid to take acknowledgments. personally appeared
SOL C. SHAYE, co-trustee, '_. ", ." .. ... '., ..
10 me known 10 be the person iescribed in :md who executed the foregoing instrument and he
before me that he.' t'xeculed lhe same.
WITXESS n.)' hand and oUicial seal in the Counly :md Slale last aforesaid lhis .....~.~h
November
acknowledged
day of
. A. D. 1986..
(Seal)
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State of FH)ridfi.~:^t.'~arge
Joel P Newman Esq. My conuit:t-s'sflo'rl:.'.Exp.~~es:
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420 Lincoln Road-Sui te 258 :.qorAIIY 1:lIiill'i: 'STArC or nCIlTOA
Miami Beach, Florida 33139 lIY.COHI/I:;~10N exP, FeS n,I!''JO
801lOCD TIJRU GfllfUl IP.S. VI/D.
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STATE OF FLORIDA )
) ss:
COUN'rY OF DADE. )
I HEREBY CERTIFY that on this iday, before me~ an
officer duly authorized in the State aforesaid and in the C~unty
aforesaid to take acknowledgments, personally appeared .
JONATHAN I. KISLAK, co-Trustee, to me known to be the person
described in and who executed the foregoing Warranty Deed and
he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this 4th day of November, 1986.
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'~ .' (. ',: ."~. ~ ~,J, C (~ ('i ./)/
Notary Public "/
State of Florida' At Large
My Commission Expires:
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HOT AnY PUBLIC STATE or rlORJOI
HY'COHKISSJOH EXP, SEPT Z,19aD
DOUOED THRU GENERAL. IXS. UKO.
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Lots 2. 3 and 5, Block II-A: Lols 2 to 5. inclusive, Block 18: LoLs 2
La 5, inclusive, Block lB-A, LAI<E BOYNTON ESTATES PLAT 1. according
lo the Plat thereof, as recorded in Plat Book 13. Page 32. Public
Records of Palm Beach County, Florida: in Lots 13 to 24. inclusive.
Block 21: Lots 17 Lo 23, inclusive, the Wesl 25 feel of Lot 24, lhe
Easl 25 feel of LoL 25, and all of Lots 26 to 32, inclusive. Block
22: Lots 1, 2, 5 and 6, Block 23; Lols 5 and 6, Block 24: all of
Block 25: Lots 1 to 5 and 20 to 24, inclusive. Block 26: Lots.~l Lo 5
and 27 to 36, inclusive, Block 27; all of Blocks 28 and 31: Lots 1 to
9 and 33 to 36, inclusive, 8lock 32; Lots 1 to 4 and 21 to 24,
inclusive, Block 33: Lots 15 to 17 and 22 to 31, inclusive, and
Poinciana Park in Block 34: Lots I and 2, Block 35: lols 1 and 2.
Block 36: all of Block 37: Lots 1 to 5 and 22 to 27, inclusive, Block
28, LAKE BOYNTON ESTATES PLAT 2, according lo the Plat thereof, as
recorded in Plat Book 14, Page 17, Publ ic Records of Palm Beach
County, Florida: in Lots 1 to 7, Block 39: aJ J or BJock 40: Lots, 1,
2,5 and 6, Block 41: Lots 1, 5 and 6, Block 42: all or Block 43:
Lots 17 to 21, inclusive, BJock 50 and Lots 16 to 19, inclusive,
Block 51. LAKE BOYNTON ESTATES PLAT NO.3, according Lo the 'plat
thereof, recorded in Plat Book 13, Page 53, Public Records of Palm
Beach County. Florida, LESS that part title to which was vested in
lhe Slale of Florida by Final Judgment recorded in Orficial Records
Book 639. Page 1639:
And in lhat parl of Lots 2, Block 42. and Lots 1 and 6, Block 47
of said LAKE BOYNTON ESTATES PLAT 3, lying wilhin the fol)owing
descr'ibed area:
Beginning at the Southwest corner or Lot 1, Block 47: thence N. 01
degrees 35' 08" lJ.t along lhe !Jest line of said Blocks 47 and 42, a
distance of 410.0 feel to' the Northwest corner of said Lot L Block
42: lhence N. 88 degrees 24' 52" E., a distance of 100.0 feet to the
Northeast corner of said Lol 2, ,Block 42, lhence S. 08 degrees II'
49" W., a distance of 416.05 feel: thence S. 88 degrees 24' 52" W.. a
dislance of 29.31 feel to lhe POINT OF BEGINNING.
And in a part of Section 29, Township 45 South, Range 43 East, mare
particularly described as follows:
.
Beginning at the Northwest corner of Lot 22. Block 34, LAKE BOYNTON
ESTATES PLAT 2. as recorded in Plal Book 14. Page 17. of the Public
Records of Palm Beach Cou.nly, Florida: lhence N. 01 -degrees 35' 08"
W. along lhe East line of Blocks 34, 31, 28 and 25. of said LAKE
BOYNTON ESTATES PLAT 2, a distance of 880.00 feel to the Norlheast
corner of Lot 22. Block 25, of said LAKE BOYNTON ESTATES PLAT 2: ,
the nee Nor l h 88 d e g r e e s 24' 52" E a s t, ,a Ion 9 the Sou t h I i n e 0 r B J 0 c k s
24 and 25, of said LAKE BOYNTON ESTATES PLAT 2, a dislance of 700.0
Feet La lhe East line of said Seclion 29: thence South 01 degrees 35'
08" East, along said Section Line, a di~tance of B80.00 feet to the
Norlheasl corner of Block 35, of the aforementioned LAI<E BOYNTON
ESTATES PLAT 2: thence South 88 degrees 24' 521' West, along the North
line or Blocks 35 and 34, said LAKE BOYNTON ESTATES PLAT 2. a
distance of 700.0 feel to the POINT OF BEGINNING.
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WR11:D.18
EXHIBIT "A"
~PARCEL :1: :.
A .PARCEL OF ~AND LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, THENCE WITH A BEARING OF NORTH 1. 34' 16" WEST, ALONG THE
EAST LINE OF SAID SECTION 29, A DISTANCE OF 730.00 FEET TO THE POINT OF
BEGINNING; THENCE WITH A BEARING OF SOUTH 8S. 26' 13" WEST, A DISTANCE OF
50.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 1. 34' 16" EAST, A
DISTANCE OF 290.00 FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 88. 26'
13" WEST, A DISTANCE OF 50.00 FEET TO A POINT; THENCE WITH A BEARING OF
SOUTH 1. 34' 16" EAST, A DISTANCE OF 251.00 FEET TO A POINT: THENCE WITH A
BEARING OF SOUTH 89. 50' 25" WEST, A DISTANCE OF 452.00 FEET TO A POINT;
THENCE WITH A BEARING OF SOUTH 77. 30' 21" WEST, A DISTANCE OF.386.16 FEET
TO A POINT; THENCE WITH A BEARING OF SOUTH 85., 45' 32" WEST, A DISTANCE OF
384.39 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 1. 34' 16" EAST, A
DISTANCE OF 110.93 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAV-
ING A RADIUS OF 834.55 FEET, A CENTRA~ ANGLE OF 17. 06' 10", AND AN ARC
LENGTH OF 249.11 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 18. 40'
26" WEST, A DISTANCE OF 122.94 FEET TO A POINT; THENCE WITH A BEARING OF
NORTH 88. 26' 13" EAST, A DISTANCE OF 1213.04 FEET TO A POINT; THENCE WITH
A BEARING OF NORTH 1. 33' 09" WEST, A DISTANCE OF 290.00 FEET TO A POINT;
THENCE WITH A BEARING OF SOUTH 88. 26' 13" WEST, A DISTANCE OF 550.00 FEET
TO A POINT; THENCE WITH A BEARING OF NORTH 1. 33' 09" WEST, A DISTANCE OF
25.00 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS
OF 1076.76 FEET , A CENTRAL ANGLE OF 22. 22' 57", AND AN ARC LENGTH OJ:'
420.63 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 8S. 26' 13" WEST, A
DISTANCE OF 395.40 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 01. 33'
09" WEST, A DISTANCE OF 145.00 FEET TO A POINT; THENCE WITH A BEARING OF
SOUTH 8S. 26' 13" WEST, A DISTANCE OF 50.00 FEET TO A POINT; THENCE WITH A
BEARING OF NORTH 1. 33' 09" WEST, A DISTANCE OF 7 27 . 50 FEET TO A POINT;
THENCE WITH A BEARING OF SOUTH 88. 26' 13" WEST, A DISTANCE OF 25.00 FEET
TO A POINT; THENCE WITH A BEARING OF NORTH 1. 33' 09" WEST, A DISTANCE OF
147.50 FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 88" 26' 13" WEST, A
DISTANCE OF 25.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 1. 33'
09" WEST, A DISTANCE OF 585.00 FEET TO A POINT; THENCE WITH A BEARING OF
SOUTH 88. 26' 13" WEST, A DISTANCE OF 380.00 FEET TO A POINT; THENCE WITH A
BEARING OF NORTH 1. 33' 09" WEST, A DISTANCE OF 145.00 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 88" 26' 13" EAST, A DISTANCE OF 1530.75 FEET
TO A POINT; THENCE WITH A BEARING OF NORTH 1. 34' 16" WEST, A DISTANCE OF
760.00 FEET TO A POINT: THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF
340.36 FEET, A CENTRAL ANGLE OF 8. 26' 51", A CHORD BEARING OF NORTH 84.
12' 19" EAST, AND AN ARC DISTANCE OF 50.18 FEET TO A POINT; THENCE WITH A
BEARING OF NORTH 1. 34' 16" WEST, A DISTANCE OF 136.30 FEET TO A POINT:
THENCE lUTH A BEARING OF SOUTH 8S. 26' 13" WEST, A DISTANCE OF 50.00 FEET
TO A POINT: THENCE WITH A BEARING OF NORTH 1. .34' 16" WEST, A DISTANCE OF
110.00 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF
352.92 FEET, A CENTRAL ANGLE OF 25. 09' 08", A CORD BEARING OF NORTH 17.
38' 32" EAST, AND AN ARC DISTANCE OF 154.93 FEET TO A POINT; THENCE WITH A
BEARING OF SOUTH 1. 34' 16" EAST, ALONG THE EAST SECTION LINE OF SAID SEC-
crTION 29, A DISTANCE OF 3373.49 FEET MORE OR LESS TO THE POINT OF BEGINNING.
o
..0 LESS THE RIGHT-OF-WAY TO THE CITY OF BOYNTON BEACH, AS RECORDED IN o. R.
C)BOOK 3002, PAGE 916 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
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~p ARCEL 2:
BEING A PART OF SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST
NORTHERLY CORNER OF LOT 41, BLOCK 2, PALM BEACH.LEISUREVILLE, ACCORDING TO
THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 72. 02' 36" EAST ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.00 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A
CENTRAL ANGLE OF 3. 59' 57"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 129.62 FEET: THENC:t;: SOUTH l' 34' 54" EAST ALONG THE EAST LINE
OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A
DISTANCE OF 1098.03 FEET; !THENCE NORTH 88.24' 30" EAST A DISTANCE OF
126.20 FEET; ;THENCE SOUTH 010 ~6' 09" EAST A DISTANCE OF 145.33 FEET TO
THE NORTHEAST CORNER OF LOT 7, BLOCK 2, AFOREMENTIONED PLAT OF PALM BEACH
LEISUREVILLE; THENCE SOUTH 87.' 59' 27" WEST A DISTANCE OF 330.70 FEET TO
THE SOUTHEAST CORNER OF L.OT 22, BLOCK 2, SAID PLAT. OF PALM BEACH
LEISUREVILLE; THENCE NORTH 01: 12' 55" WEST A DISTANCE OF 1192.46 FEET TO
THE POINT OF BEGINNING.
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PAGE 6.
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MPARC'E'C:"J-" :" :;:
Lot 5, Block 5, LAKE BOYNTON EST^TES, Plat
the Plat thereof as recorded in Plat Book 13,
Records of Palm Beach County. Florida.
.
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1. according to
Page 32,. Public
RECORD Vr:mFIED
PALM OEACH COUN ,Y, FLA
JOHN n, nrlMro f:
"
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 of the Public Records of Palm
Beach County, Florida; Thence South 01012'55" 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
ciscular 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", an arc length of 128.97 feet to a point of tangency;
Thence South 72002'36" 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
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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
Cormnercial)
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 City's 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
Cormni.ssion 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
,1L:CATION MAr
BOYNTON BEACH BLVD. REZONING
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PL~ING DEPARTMENT MEMORANDUM NO. 91-286
FROM:
J. Scott Miller, City Manager
~~~~
chrls{opher Cutro, Planning Director
TO:
DATE:
November 13, 1991
SUBJECT:
Planning and Zoning Board Meeting
November 12, 1991
Please be advised that the Planning and Zoning Board met on
Tuesday, November 12, 1991 and took the following action:
1. Continued the public hearing for' the Cross Creek Centre
parking lot variance to the December 10, 1991 meeting at
7:00 p.m., as per the applicant's request for another 30 day
postponement.
2.
After conducting a public hearing, recommended approval of
Kilday & Associates request for Tradewinds Development
Corporation (Boynton Beach Boulevard rezoning) to amend the
Future Land Use Element of the Comprehensive Plan from
"Moderate Density Residential" to "Office Cormnercial".
Motion was made by Mr. Collins and seconded by Mrs. Huckle.
The vote was 4-2 with Mr. Lehnertz and Mrs. Stevens
dissenting.
,. '''.
.;:
Also, recommended approval to rezone from R1AA/PUD
(Single-family Residential) to C-1 (Office and Professional
Commercial), subject to provisos, which are necessary for
consistency of the proposed rezoning of the property with
the Comprehensive Plan. Motion was made by Mr. Collins and
seconded by Mrs. Huckle. The vote was 4-2 with Mr. Lehnertz
and Mrs. Stevens dissenting. (PM91-287)
3. Approved the request submitted by William Turner for the
Lakeshore/Heatherlake Homeowners' Association to amend the
Meadows, Tract "L", Heatherlake master plan to reduce the
rear setback for hard-roofed screen enclosures, from 25 to
15 feet, subject to proviso. Vote was 5-1 with Mr. Lehnertz
dissenting.
4. Unanimously recommended approval of the request for an
amended site plan for Bethesda Memorial Hospital to
construct a parking lot expansion, sUbject to proviso. The
motion was made by Mr. Collins and seconded by Mrs. Huckle.
Mrs. Stevens and Mr. Rosenstock left the room prior to the
motion being made. (PM91-288).
5. Unanimously recommended approval of the request for an
amended site plan for Motorola P.I.D. to construct phase III
of the P.I.D. to include 83,564 square feet of additional
office place, changes to the existing parking lot layout and
design and the addition of 112 parking spaces, subject to
proviso. The motion was made by Mrs. Huckie and seconded by
Mr. Collins. (PM91-289)
Planning Dept. Memorandum #91-286
Page 2
6. Tabled the determination of consistency with the
Comprehensive Plan for the proposed amendment to Appendix
A-Zoning, to amend the regulations governing service
stations and convenience stores until further analysis,
including mapping of all existing service station locations,
potential locations under the existing code and potential
locations under the proposed amendment and evaluation of the
existing distance separation against current safety
standards, is prepared by the Planning Department and
presented to the Planning and Zoning Board at the December
meeting.
7. Unanimously made a finding of consistency with the
Comprehensive Plan for the proposed amendment to Appendix
A-Zoning, to include limitations on restaurants located in
the C-1 zoning district, as conditional uses, subject to
proviso. Motion was made by Mr. Lehnertz and seconded by
Mrs. Huckle. First reading of the ordinance for this
amendment is proposed for the December 3, 1991 City
Commission meeting.
8. At the request of the City Commission, revisited the issue
of towing companies as a permitted use in the M-1 zoning
district and unanimously decided not to amend the Planning
and Zoning Board's September 10, 1991 finding of consistency
with the Comprehensive Plan for the proposed amendment to
Appendix A-Zoning, to allow towing companies in the M-l
zoning district. (PM91-293)
TJH/jm
encls.
cc: Don Jaeger, Building Director
Mike Haag, Zoning and Site Development Administrator
A:PM91-286.JM
7A1
BOYNTON BEACH BOULEVARD REZONING
LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT
PLANNING DEPARTMENT MEMORANDUM
TO:
Sue Kruse, City Clerk
FROM:
Tambri J. Heyden, Senior Planner
DATE:
September 25, 1991
RE:
Boynton Beach Boulevard (Tradewinds) - File No. 644
Land Use Element Amendment/Rezoning and
Comprehensive Plan Text Amendment
(
Accompanying this memorandum you will find a copy of the
application and related documentation for the above-referenced
requests. The $1,000 and $500 fees have been forwarded to the
Finance Department. Revised documentation to replace some of the
originals will be transmitted to you after receipt by our office.
The advertisement for these requests for the November 12, 1991
Planning and Zoning Board Public Hearing and the November 19,
1991 City Commission Public Hearing has been prepared and will be
forwarded to you for mailing property owners' notices and
transmitting to the newspaper for publication, after it has been
reviewed by the City Attorney and the City Manager. In addition,
I've attached a location map which you might want to send with
the property owners' notices to locate the subject parcel since
the ad is not required to contain a map locating the site.
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~~~..- ,~
Tambri J. H~en
TJH/cmc
C:BBREZONE.CMC