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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 " ~ .'~ 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 lli\ ~ , i .)} 2..-+7. (0 \"fO) rn @rnfi W ~ !~JEmI . PLANNING ri\lD ZONING DEPT. .._,.~_.,_",,_-. IV .. 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 r"-- ~ @ ~ 0 WI rn 001 ,00 MAY 2 4 ~ I , PLANNING A:-JD I {'QN!N~PT. I ---..J ORDINANCE NO. 096-~~ ~ ~ @ ~ Ii ~? 1'"5 m " '~ ~ , , D~, PL4NN~'I\j~ ZO~,I';'~ r'Ei~'- 1't..1 U Ii. Ii I 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. I I I /7 day of \\\\\ \\111" "flll. ~\\ N II/. ~,,, ~-1\O 8~ % ~ 4. .......... .., ^ ~ i 1lI0r.....O'MT~il. '".s. \ ::: ... Q :: io 5 - ,,- a ,.. '" E ~ 'f": ....t\?) -;:: ~ "" -,~ -" ~ ~ \) ~..., ~ ~/'1. ,\.o~:I '11""",,,,,,\\' CITY OF BOYNTON BEACH, FLORIDA r'Y.t2- Ji ATTEST: l f:ta/W~/~~LJ-' ~ Ci Clerk ~ JLJ- 7iSS10ner ?/'Tb-*'::>~ 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. . , 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 1T eq" - v '-I 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 I ~ 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.