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LEGAL APPROVAL fJ1ie City of 1loynton 1leac/i '\' .. 100 'E. 'Boynum 'Beadi. 'Bouievarti P.O. 'Bo~310 'Boynton 'Bead", J"foritfa. 33425-0310 City!Jfa1[; (407) 375-6000 J";:tX; (407) 375-6090 ----= August 21, 1996 Joe Lelonek Land Design South 1280 N. Congress Ave., Suite 216 West Palm Beach, Florida 33409 Re: Boynton Commons PCD File No: PKL V 96-003 Location: Southwest comer of Congress A venue and Old Boynton Road Dear Mr. Lelonek, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for a parking lot variance. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ~~'~~k Tambri J. Heyden, AICP Planning and Zoning Director TJH:dar Enclosures xc: Central File c:develord.bcp Jlmeric4's gateway to tfu gulfstream DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA a~' ~~~ lID) m ~ a ~J ~ rn1 lJl) IUi 2 1 1996 I ~ PLANNING AND ONING OEPT. APPLICANT: Bovnton Commons PCD APPLICANT'S AGENT: Land Desian South. aaent for Bovnton Commons Corporation. Contract Purchaser DATE OF HEARING BEFORE CITY COMMISSION: Auaust 20.1996 TYPE OF RELIEF SOUGHT: Parkina lot variance (Ienath of maior drivewav access aisle), LOCATION OF PROPERTY: southwest corner of Conaress Avenue and Old Bovnton Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appli~nt LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with the notation "Included". 4. The Appli9int's application for relief is hereby 1 GRANTED subject to the conditions referenced in paragraph' 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. EXHIBIT "0" d" f 1 Con 1t1ons 0 Approva Project name: Boynton Commons File number: PKLV 96-003 Reference: The plans consist of 2 sheets identified as 2nd Review. Parking Lot Variance File # PKLV 96-003 with a July 19. 1996 Planninq and Zonin9 Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE , . POLICE . Comments: NONE DEVELOPMENT DIVISION Comments: NONE PARKS AND RECREATION Comments: NONS FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. Install a stop bar, stop sign and do not enter sign at the intersection where the one-way access vi aisle connects to the major driveway access aisle off of Old Boynton Road. 2. Eliminate the first two (2 ) parking spaces / directly south of where the one-way access aisle intersects the major driveway access aisle. 3. Install the traffic diverter shown on the master / plan at the intersection of the major driveway to the site proposed on Old Boynton Road that will restrict traffic flow to right-in and right-out only. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4 . NONE ADDITIONAL CITY COMMISSION CONDITIONS 5 . To be determined. TJH:dirn a,eCcond.p.vpd /~ ." 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: MAlB DATED: ,ju;/fb ~ \... ~ L..r1/ -- . Cit Clerk ,~ BoynlDn Comrnona(llw.Ord P.r1dol var 6/10l98 -,,_.,,--_._~--------.- ~-_...,_.,_._._---_._---'- ; ~ ,,,Ij : j NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the L:~:AH~jIN~MlD BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tues~?-y{ lOO~Gaf:tPT. 20, 1996, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider an application for a PARKING LOT VARIANCE on the following described property: Applicant: Agent: Owner: Location: Variances Requested: Nature of Variance Requested: Legal Description: 'r., ~C~~I-~ ; ~ rnl~ . NOTICE OF PUBLIC HEARING Boynton Commons Corporation Land Design South Bill Ray Winchester and Elsie A. Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.5 - Clearance at major driveways, to reduce the required distance of the interior access aisle to a proposed driveway on Old Boynton Road from 100 feet to 55 feet on the west side of the two- way driveway. Client requests a reduction of 45 feet to the above requirement of 100 feet from the property line to the first driveway aisle, in connection with a 213,656 gross leaseable square foot, proposed planned commercial development (to be known as the Boynton Commons PCD). PARCEL 1 A parcel of land lying in section 19 of township 45 south, range 43 east, said parcel being a portion of lots 39, 40, 41, 43 and 44, of the 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 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 26.9.64 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 with a reverse curve to the left having a chord bearing of Boynton Commons Corporation Parking Lot Variance File No. PKLV 96-003 Page 2 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 a point; thence north 01006'06" west, along the east right-of-way of Winchester Park Blvd. a 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. PARCEL 2 AND 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 87~32'47" 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 AND 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 , Boynton Commons Corporation Parking Lot Variance File No. PKLV 96-003 Page 3 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 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 Avenue; thence continue along the aforementioned course extended a distance 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 afr arc length of 25.01 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 south 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. PARCEL 4 AND A parcel of land lying in sections 19 and 30, township 45 south, range 43 east, Palm Beach County, Florida, said parcel being a portion of tracts 39, 040, and 44, 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, and a portion 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 , Boynton Commons Corporation Parking Lot Variance File No. PKLV 96-003 Page 4 of 42.50 feet to a point; thence south 87032'47" west, 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 line of section 19, a distance of 642.52 feet to a point; thence with a bearing 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. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of 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 based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK PUBLISH: PALM BEACH POST AUGUST I, 1996 c: City Manager, City Commission, City Attorney,,1ann1.ng. Piles ,_OCAt,ON ~p BO'fNtON COMMONS ~. ~-( . en : -,.::r tft 1..:, ~~ "' v'~: .,~ f-- ':;, -- Ut~ ,: '~ \!) ...,j : -- . 2-- o. ;:: /~J!t"~ ~. ~...g~ ,'7' "\~I - 0 '...I' - . - ~'.l\ \:' ,fr ,.N----J~ -- ~ . ,: ' '"7/ '.~""'" I .'" 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