LEGAL APPROVAL
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-487
TO: Jim Cherof
FROM: Michael E. Haag
DATE: september 5, 1995
SUBJECT: Boynton Commons - Unified control Documents
(City Attorney Approval)
File No. REZN 95-003
Find attached a draft copy of the above-referenced document for
your review. Please ensure the document is in compliance with the
City's Code of ordinances. The document is being submitted in
connection with a rezoning request. The property identified on the
enclosed survey is being rezoned from C-3 to PCD. The rezoning
request is being advertised for review by the Planning and
Development Board on October 10, 1995, and the City Commission on
october 17, 1995. The final document including appropriate
exhibits and recording of same with Palm Beach County will not
occur until the City Commission approves the rezoning and plat.
The final version of the plat and master plan will not be of record
until the applicant addresses comments and conditions approved by
the City Commission. Therefore, we are requesting approval of the
legal content of the document, excludin'g the exhibits, at this
time.
With regards to the review of the document, the Planning and Zoning
Department believes the following concerns should be addressed:
Include language that identifies the land is zoned PCD.
Will 7.2 of Article VII cover future subdivisions of land
within the Boynton Commons peD? If not language should be
added.
Exhibit "A" should be changed from the survey to the plat.
Appropriate signatures should be on the document you approve.
If you find our comments are appropriate please include them with
your review. Upon your approval of the document please forward the
document to the Director of Planning and Zoning. This department
will hold the city approved document until the appropriate exhibits
are added. The applicant will then have the responsibility to
record the document and return a copy of same to the city.
prompt response.
E. Haag
Attachments
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.'~ AUG-31-'95 15:54 ID:
Lh. OFFICES
TEL 1'10:407-241- )t.
t:l381 POl
SCHRORDER AND LARCHE. P.A.
, ATTORNEYS AT LAW
ONE: BOCA PLACE, 'SUITE :) ~9 - ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7383
TELECOPIER (407) 241-0798
BOCA RATON (407) 241-0300
BROWARD (305) 421-0978
TELECQPIER TRANSMITTAL SHEET
TELECOPY NO:
1025-05
(407) 479-5012
BILLING NO:
TOI
Mr. Lelonek
DATE I
Michael A. Schroeder, Esq.
Boynton Commons/PCD Rezoning Request
August 31, 1995
FROM I
RE:
SPECIAL INSTRUCTIONS: Copy of Declaration of Easements,
Restrictions and protective Covenants; and copy of letter to Carrie
Parker dated 8/30/95.
TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: lO
ORIGINAL TO FOLLOW:
NOlO
CONFIDENTIALITY NOTE
THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS LEGALLY PRIVILEGED AND
coNFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE of' THE INDIVIDUAL OR ENTITY NAMsn
^HovB. TP TnB Rrn1\DER OP' Till[; TRANSMISSION 18 NOT THE JNTENDED Rr.:CTPIP.NT, V(')\l Aim
HEREBY NOTIFIED THAT ANY DISSEMINATION, LHSTRlHU'l'lON OR COPYING 01" THIS TIU\NSMlSSlON
IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE CALL AND RETURN THE ORIGINAL TRANSMIserON
TO us AT THE ADDRESS ABOVE VIA U.s. MAIL. THANK yOU
IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (407) 241-0300
AS SOON AS POSSIBLE
OUR TELECOP!ER NUMBER IS: (407) 241-0798
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. PLANNING ri\lD
ZONING DEPT.
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RlIG-31-' 95 15: 55 ID:
LR. .JFFICES
TEL HO:407-241-l 0
t:l381 P02
PRBPAltBD BY AND RETURN ~O:
KI:CHABL A. SCBROBD.R, BSQ.
SCBltOBPBR AND LARCHE, P. A.
ORB BOCA PLACK, SUITB 319-A
~255 GLADBS ROAD
BOCA RA~ON, FLORIDA 33431-7383
DBCLARATION O:r DSEMBNTS, RES'l'RICTIONS
AND PRO'I'KCTIVB COVBNANTS
THZS DECLARATION O~ EASRMBNTB, RESTRICTZONS AND PROTECTIVE
COVENANTS is made this _ day o( , 1995, by
BOYNTON COJOlONS CORPORATION, a J7lorida corporation <"Boynton
Commons") whose address is 7040 W. Palmetto Park Road, Sui~e 302.
Boca Raton, Florida 33433
RBCIT~S
A. Boynton Commons is the fee simple owner of certain real
property located in Boyn~on Beach, Florida legally described on
Bxhibit "A" attached hereto (the .propert.y. or the "Shopping
Center-) and depicted on the Approved Master Plan attached hereto
as Bxhibit "BW (the "Master Plan.) .
B. Boynton Commons is developing the Property as a retail
shopping center in accordance with the Master Plan.
e. Boynton Commons desires to hereby 6stablish certain
easement.s and restrictions pertaining to tbe Property and otherwise
proyide for its uni(ied control.
NOW, TBBREVORB, BoyntOI1 Commons hereby declares a.nd
establisbes the following easements, restrictions and protective
covenants I
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,00 MAY 2 4 ~
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, PLANNING A:-JD I
{'QN!N~PT. I
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ORDINANCE NO. 096-~~
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AN ORDINANCE OF THE CITY COMMISSIO
THE CITY OF BOYNTON BEACH, FLOR
REGARDING THE REZONING OF BOYNTON CO
PCD; AMENDING ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO CHAPTER 2, SECTION 6.F.13 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City ot" Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
, Revised Zoning Map was adopted for said City; and
WHEREAS, Land Design South, agent for Boynton Commons
Corporation, contract purchaser of the subject property, has
i requested approval to modify the previously approved master
plan for the Boynton Commons Planned Commercial Development
(PCD). This 23-acre project, approved on November 21, 1995,
for 186,130 square feet of retail space, is located at the
southwest corner of Congress Avenue and Old Boynton Road and
the current land use, which would remain unaffected by this
" rezoning is Local Retail Commercial; and
WHEREAS, pursuant to the City's Land Development
Regulations (Chapter 2, Section 6.F.13), modifications to an
approved planned commercial development which would result in
an increase of ten (10) percent or more in measurable impacts
such as traffic created or water consumed, must be processed
through a new application for zoning to PCD; and
WHEREAS, the proposed changes would represent an increase
in water demand equivalent to approximately 12%;
WHEREAS, the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
attached hereto and made a part hereof, be and the same is
hereby designated PCD zoning, subject to conditions of the
Development Order, dated October 15, 1996, and attached
hereto.
Section 2:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 4:
This ordinance shall become effective
immediately upon signing.
..g day of '~~~€~
, 1996.
FIRST READING this
SECOND, FINAL READING and PASSAGE this
~~~.<a6~, 1996.
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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Ci Clerk
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7iSS10ner
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A parcel of land lyingnin sect~on 19 of township 4-5 south, range 43
east, said parcel bei a portion of lots 39, 40, 1, 43 and 44, of
the subdivision of sec~ion 19, township 45 south, range 43 east, as
recorded in plat book 7, page 19, of the public records of Palm
Beach County, Florida.
Said parcel being more fully described as follows:
Commencing at the southeast corner of section 19, township 45
south, range 43 east, thence with a bearing of south 87032'47"
west, along the south line of section 19, a distance of 60.00 feet
to a point on the west right-of-way line of Congress Avenue; thence
with a bearing of north 01022' 43" west, along the west right-of-way
line of Congress Avenue, a distance of 300.00 feet to the point of
beginning; thence with a bearing of south 87032'47" west, a
distance of 390.00 feet; thence south 68003'48" west, a distance of
273.33 feet; thence north 02027'13" west, a distance of 41.60 feet;
thence south 83016'46" west, a distance of 269.64 feet to a point
on Winchester Park Blvd.; thence with a curve to the right along
the east right -of -way line of Winchester Park Blvd., having a chord
bearing of north 08013'05" east, a radius of 2193.99 feet, a
central angle of 06059'36", and an arc length of 267.79 feet.
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thence w~th a reverse curve to the left having a chord bearing of
north 05016'24" west, a radius of 2149.31 feet, a central angle of
12048'59", and an arc length of 480.78 feet to . point; thence
north 01006' 06" west, along the east right-of-way of Winchester
Park Blvd. ~ distance of 223.72 feet; thence north 44022'08" east,
a distance of 35.64 feet, to a point on the south right-of-way line
of Old Boynton Road; thence with a bearing of north 89050'22" east,
along the south right-of-way line of Old Boynton Road, a distance
of 763.72 feet; thence with a bearing of south 45046'11" east, a
distance of 34.98 feet to a point on the west right-of-way line of
Congress Avenue; thence with a bearing south 01022'43" east, a
distance of 860.95 feet to the point of beginning.
AND - p~e(,eL ~
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the southeast corner of Section 19; thence north
01022'43" west, along the east line of said section 19, a distance
of 25.00 feet; thence south 87032'47" west, along a line lying
25.00 feet north of (as measured at right angles to) and parallel
to the south line of said section 19, a distance of 60.00 feet to
the point of beginning; said point also being a point on the west
right-of-way line of Congress Avenue; thence continue south
87032'47" west, along a line lying 25.00 feet north of (as measured
at right angles to) and parallel to the south line of said section
19, said line also being the north right-of-way line of the
L.W.D.D. lateral 24, as recorded in official records book 2370,
page 1595 and 1596, a distance of 510.31 feet; thence north
02027'13" west, a distance of 230.55 feet; thence north 68003'48"
east, a distance of 133.10 feet; thence north 87032'47" east, a
distance of 390.00 feet to a point on the west right-of-way line of
Congress Avenue; thence south 01022' 43" east, along the west right-
of-way line of Congress Avenue, said line lying 60.00 feet west of
(as measured at right angles to) and parallel to the east line of
said section 19, a distance of 275.00 feet more or less to the
point of beginning.
PARCEL 3
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A parcel of land lyir '. in section 19,. township ,4...5, south, ra~ge 43
east, Palm Beach COU'h _y, Florida, sa~d parcel. ..ng a port~on of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat bo~k 7, pa~e
19 of the public records of Palm Beach County, Flor~da, sa~d
pa~cel being more particularly described as follows:
Commencing at the northeast corner of section 30, township 45
south, range 43 east; thence with a bearing of south 87057'53" west
along the north line of section 30, a distance of 50.00 feet to a
point on the west right -of -way line of Congress Avem~.e; thence
continue along the aforementioned course extended a d~stance of
937.65 feet to a point on the east right-of-way line of the Mall
Road; thence with a curve to the right along the east right-of-way
line of the Mall Road with a chord bearing of north 00059'06" west,
a radius of 2193.99 feet, a central angle of 00039'01", and an arc
length of 25.0~ feet to a point; thence with a bearing of north
87032'47" .east, along a line lying 25.00 feet north of and parallel
to the sou~h line of section 19, a distance of 285.00 feet, said
point being the point of beginning; thence with a bearing of north
02027'13" west, a distance of 183.78 feet; thence north 68003'48"
east, a distance of 140.23 feet; thence south 02027'13" east, a
distance of 230.55 feet to a point on a line lying 25.00 feet north
of and parallel to the south line of section 19; thence with a
bearing of south 87032'47" west, a distance of 132.20 feet along
the south line of section 19, more or less' to the point of
beginning.
PA(2e ~L 4
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A parcel of land lying in sections 19 and 30, township 45 south,
rang7 43 east, Palm Beach County, Florida, said parcel being a
port~on of tracts 39, 40, and 44, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat
book.. 7, page 19, ?f the public records of Palm Beach County,
Flor~da, and a port~on of lot "A" block 1, and a portion of lot "A"
block 2, of the subdivision of Palm Beach Farms Company Plat No.8,
as recorded in plat book 5, page 73, of the public records of Palm
Beach County, Florida, said lands being more particularly described
as follows: .
Commencing at the southeast corner of said section 19; thence with
a bearing of south 87032'47" west, along the south line of section
19, a distance of 60.00 feet to the point of beginning, on the west
right-of-way line of Congress Avenue; thence with a bearing of
south 01022'40" east, a distance of 17.50 feet, to a point; thence
with a bearing of south 87032'47" west, along a line lying 17.50
feet south of and parallel with the north line of section 30 a
distance of 190.03 feet to a point; thence south 01022'40" east' a
distance of 42.50 feet to a point; thence south 87032'47" we~t
along a line lying 60.00 feet south of and parallel to the north
line of section 30, a distance of 450.89 feet to a point; thence
north 02027'13" west, a distance of 60.00 feet to the north line of
section 30; thence continue north 02" 27' 13" west, a distance of
25.00 feet to a point; thence with a bearing of north 87032'47"
east, along a line lying 25.00 feet north and parallel to the south
l~ne of sec~ion 19, a distance of 642.52 feet to a point; thence
w~th a bear~ng of south 01022'40", east, a distance of 25.00 feet
more or less to the point of beginning
Total area Parcels 1 through 4 equals 22.885 acres.