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LEGAL APPROVAL %t City of t:Boynton t:Beacli 100 'E. ':Boynton ':Beadi ':Boufevartf P.O. ':B~310 ':Boynton ':Beadi, :rforUUz 33425-0310 City 9Iail: (561) 375-6000 :rJllX: (561) 375-6090 December 19, 1997 Donaldson Hearing 1070 E. Indiantown Road Jupiter, Florida 33477 Re: Via Lugano aka Melear PUD (multi-family) File number: ZNCV 97-008 - Fence height & setback Location: Southwest corner of Sandalwood Drive and Congress Avenue Dear Mr. Hearing: Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for a fence height and setback variance, regarding the above referenced. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, . i;} ? -.'~.'\. "", I J! . dt'~ (~~/ Tambri J. Heyden~CP (/ Planning and Zoning Director T JH:jbg Attachment Xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\CROSS CREEK CENTRE\Dev Order letter.doc 5t~rica 's (jateway to tfu (julfstream DEVELOPMENT ORDER - cr: OF BOYNTON BEACH, Fl\. .101 ee' r'~~7 .. --.-X:i~-<~ ~/~ " ",:1 ~ I~ ~. n ~!7 ~ ~'l ~. I r- --"'--. '" . - Ls., .'. : I Iii I:: :~ -'~--;---.. ..,,;-;-;--~ I :"-,JI\'" ,c..fW ~ 4'-: i: ;'~G DEPT. PROJECT NAME: Via Lugano apartments at the Melear PUD APPLICANT: Thomas Cavanaugh, P.A.C. Land Development Corporation APPLICANT'S AGENT: Donaldson Hearing APPLICANT'S ADDRESS: Suite 402, 1070 E. Indiantown Road, Jupiter, FL 33477 DATE OF HEARING BEFORE CITY COMMISSION: December 16,1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (fence height and setback) LOCATION OF PROPERTY: Southwest corner of Sandalwood Drive and Congress Avenue 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 Applicant .lL- HAS 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 "B" with notation "Included". 4. The Applicant's application for relief is hereby .lL- GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other :\\\\\''''''rtI''lll ~'\\:~~'TON tJ ~/~ ~ 0 ~~ ~. ~~ ! qj I4!OAAr~\:~ '~ City Clerk ~ >- , :: "'" n.nt) J:\SHRDATA\Planning\SHARED\WP\PROJECTS\MELEARWia Lugp.no\DEVELOPMENT ORDER-case 242.doc ~ -0 '\~" . - ~ ... ~ . ~ FLOC :1111, :11/111I11I1 \' DATED: /e5f~t?/f??' EXillBIT "C" Conditions of Approval Project name: Via Lugano aka Melear PUD (multi-family) File number: ZNCV 97-008, Case No. 242 (fence height and setback) Reference: Zonim! Code Variance application with an October 17. 1997 date. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. If the variance is granted, it is recommended that the height of the X fence, both pickets and fmials, be limited to five feet. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Delete comment number 1 X ADDITIONAL CITY COMMISSION CONDITIONS 3. Te he a'tc'U1~Il,d. A0A1e k TJH:dim JISHRDA T AIPLANNING\SHAREDIWP\PROJECTS\MELEARIVlA LUGANOICOND OF APPROV AL-CASE242.DOC MEETING MINUTES PLANNING & DEVELOPMEN I BOARD BOYNTON BEACH, FLORIDA DECEMBER 1,1997 Harrv Woodworth. DrODertv owner. recently received a Certificate of Occupancy for a new home he built at 685 NE 15th Place. In order to complete the landscaping and finish the project, a fence is needed along the north boundary. This property has a 220' common border with the Seaview Trailer Park. Mr. Woodworth's request is to put a fence along that property line. However, the Code only allows a 2' high fence on top of cinder blocks. This will not contain his toddler or offer security. Mr. Woodworth asked for consideration of his request to allow him to construct a 4' fence along the rear of his property. Motion Mr. Dube moved that we APPROVE the request for a variance to Chapter 2 - Zoning, Section 4.J.1 - Fence Height of the Boynton Beach Land Development Regulations which restrict fence heights to 6' for fences located within the required setbacks of residential properties to allow a 4' high fence on a 3' 6" retaining wall. Ms. Frazier seconded the motion that carried unanimously. Description: Via Lugano - Melear PUD Donaldson Hearing Gene and Glick Management Southwest comer of Congress Avenue and Sandalwood Drive Request for a variance to Chapter 2, Section 4.J.1 of the Boynton Beach Land Development Regulations to allow for construction of a 5' high decorative fence and column sections within the 40' front yard setback of 23' 11". 2. Project: Agent: Owner: Location: CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Donaldson Hearing. Cottier and Hearino. 1070 East Indiantown Road. JUDiter. Florida. was present and introduced Tom Cavanaugh of PAC Land Development, Mike Scorer, Engineer, and Robert Cottier, Landscape Architect. Mr. Hearing explained that this variance is relative to the height of fencing and associated bollards along the Congress Avenue frontage for this project. The Code allows a maximum of a 6' high fence, wall, or hedge. However, when this feature is within the front yard setback, the maximum height is limited to 4'. The request for a variance is based on the following two reasons: 1. The front setback of this fence treatment is 20' from the right-of-way. - - When this PUD was originally developed. the master developer dedicated easements in favor of the City for sewer mains and water mains. Therefore, this fence would have to be setback 20'. 2. This is an aesthetic treatment. There will be a series of fence sections with bollards at the end of each fence section. Using the exhibits that depicted the front entrance. Mr. Hearing indicated the fence section. The applicant is proposing a 5' white picket fence with 5' columns and 2'-4 3/8" finials at the ends of 3 MEETING MINUTES PLANNING & DEVELOPMEN.1 BOARD BOYNTON BEACH, FLORIDA DECEMBER 1, 1997 each section. This treatment is not a buffer wall or security fence. It is an aesthetic edge treatment to the landscaping that will be backdropped by lush landscape features. Mr. Rosenstock questioned whether only the columns will be over 6' in height. Mr. Hearing responded affirmatively. The total fence height from the ground will never be higher than 5'. 71/2". Motion Mr. Rosenstock moved that the project known as Via Lugano - Melear PUD, located at the southwest corner of Congress Avenue and Sandalwood Drive, and their request for a variance to Chapter 2, Section 4.J.1 of the Boynton Beach Land Development Regulations to allow for construction of a 5' high decorative fence and column sections within the 40' front yard setback of 23' 11" not to exceed 7'-4 3/8" and not to occur more often than 40' on center. Mr. Aguila seconded the motion. Mr. Aguila said he seconded this motion because it did not include staff comments. The motion carried 6-1. (Mr. Myott dissented.) Description: Via Lugano - Melear PUD Donaldson Hearing Gene and Glick Management Southwest corner of Congress Avenue and Sandalwood Drive Request for a variance to Chapter 21, Article IV, Section 1. D - Signs of the Boynton Beach Land Development Regulations to allow the height of a monument sign to be increased from the maximum of 5' to 8' 1". 3. Project: Agent: Owner: Location: CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. Nancv Mavberry. a resident of Sandalwood. requested that this project be tastefully constructed. CHAIRMAN WISCHE CLOSED THE PUBLIC HEARING. Mr. Rosenstock questioned why the applicant wants to build a sign that is so high. Mr. Hearing explained that the sign is small. The entry statement that is being constructed has higher proportions4sed on setbacks, scale and magnitude of the project. The Sign Code limits the height of walls to a maximum height of 6'. In addition, the signage is limited to 32 square feet. The applicant is proposing an entrance feature. The walls, columns, guardhouse, trellises, and planters are part of the entry architecture. In order to accommodate the scale of the surrounding area, the applicant requested that the top of the arch on the back of the sign be allowed at a height of 8'.1". Since that request was made, staff explained that the maximum variance this board is permitted to grant is 25% (7'-6"). The applicant agrees with that height if the board will grant the variance. 4 DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97- 519 TO: Sue Kruse City Clerk , ' FROM: Tambri J. Heyden, AICP It /J~ Planning and Zoning Direcf6r DATE: November 6, 1997 SUBJECT: Via Lugano Case No.242 File No. ZNCV 97-008 (Zoning Code Variance fence height) Accompanying this memorandum you will find one (1) copy of the application and related documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for same has been prepared for the December 1, 1997 Planning and Development Board and will be forwarded to your office after review by the City Attorney. T JH:bme Attachments s:\projects\Melear\Via Lugano\LGL-CASE 242 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the Land Development Regulations of said City: Case NO.242 Owner: Gene and Glick Management Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches. Location: Southwest corner of Congress Avenue and Sandalwood Drive Legal Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT (L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (N.E. Y4) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH 01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A 790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45 FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00 FEET: THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 23.60 ACRES MORE OR LESS. Use: multi-family rental project Page 2 Via Luga' File No.: ~k lear PUD ":'v . -009, Case No. 243 "", (""it"j A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, December 1,1997 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting 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 based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 14, 1997 s. \projectslMelearlVia luganollGl-CASE243 PALM BEACH POST C: City Manager, City Attorney, Planning, Files . Page 2 Via Lugano aka Melear PUD File No.: ZNCV 97-008, Case No.: 242 A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, December 1, 1997 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting 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 based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 14, 1997 S:\projects\Melear\Via Lugano\LGL-CASE242 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planninq and Zonina PREPARED BY: Jerzv Lewicki DATE PREPARED November 6.1997 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearina Notice for Case No. 242 (meetinq Mondav. December 1, 1997) Via Luaano (zonina code variance fence heiaht). SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners within 400 feet of property (postmarked no later than November 14, 1997), applicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: November 14. 1997 LAST DATE TO FAX TO NEWSPAPER November 12.1997 at 3:00 P.M. APPROVED BY: -- " j /' }', (1) //~ Il.-l,..,. '_ (Originator) / ....','. I~j,. I // : ': t:/..... Ie I. 1/ //(/7 ( /1 I,-~I ! (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\projects\Melear\Via Lugano\LGL-Case242 NOTICE Of PUBLIC HEI-.~"Nl.- rr~!. D lli ~ lli D W ~ '~ NOTICE IS HEREBY GIVEN that the following application has been I to t~A\P~~~ Aft, U' DEVELOPMENT BOARD of the CITY Of BOYNTON BEACH, FLORIDA, f arirff!lfs i~d~a~8:'und and pursuant to the provisions of the Land Development Regulations of said I y: PLANNING AND Case NO.243 ZONING DEPT. Owner: Gene and Glick Management Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 21, Article IV, Section 1.0 - signs allowed, to allow the height of a monument sign to be increased from the maximum of 6 feet to 8 feet 1 inch. Location: Southwest corner of Congress Avenue and Sandalwood Drive Legal Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-Of-WAY LINE OF CONGRESS AVENUE (120 FEET IN WIDTH) AND THE POINT OF BEGINNING Of THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON · THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT (L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (N.E. X) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH 01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A 790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45 FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00 FEET; THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 23.60 ACRES MORE OR LESS. Use: multi-family rental project Page 2 Via Lug- File No., , al<lear PUD IC\, ~(-008, Case No.: 242 A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard. Boynton Beach, Florida, on Monday, December 1, 1997 at 7:00 PM. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting 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 based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 14, 1997 S:lprojectslMelearlVia LuganoILGL-CASE242 PALM BEACH POST ,- C: City Manager, City Attorney, Planning, Files ~.... ~ (iiJ I<; L~J ~1J Uc 't 'in :J f* Hi '1 NOTICE OF PUBLIC He. ,.1........ Nnv I 4 1991 II the PLANNING AND '" PLANNING AND ZONING DEPT. NOTICE IS HEREBY GIVEN that the following application has been ma DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for he and pursuant to the provisions of the Land Development Regulations of said Ci ,y: l. Case NO.242 Owner: Gene and Glick Management Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches. Location: Southwest corner of Congress Avenue and Sandalwood Drive Legal Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: . COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT (L.WD,D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (N,E. X) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH 01019' 11" EAST, A DISTANCE OF 793.62 FEET TO A POI NT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT THREE AS RECORDED IN PLAT BOOK 53. PAGE 176 THRU 179, PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A 790,00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45 FEET :fO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00 FEET THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 23.60 ACRES MORE OR LESS. Use: multi-family rental project Page 2 Via Lugano aka Melear F-.....J File No.: ZNCV 97-008, Case No.: 242 T'Pe1 A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, December 1, 1997 at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting 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 based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 14, 1997 PALM BEACH POST S:\projects\Melear\Via Lugano\LGL-CASE242 C: City Manager, City Attorney, Planning, Files I_A,!? r ~ ~, @ : rn D -W-'~'-'W'"n\ NOTICE OF PUBLIC HEARING i: ' {, U J NOV' 4 I99l NOTICE IS HEREBY GIVEN that the following application has been made 'to the PLANNING A D DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hea and pursuant to the provisions of the Land Development Regulations of said City: Case NO.242 Owner: Gene and Glick Management Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches. Location: Southwest corner of Congress Avenue and Sandalwood Drive Legal Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 1362.30 FEET; THENCE NORTH 89025'20. WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT (L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (N.E. %) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH 01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A 790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 24019'42. AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45 FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00 FEET; THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 23.60 ACRES MORE OR LESS. Use: multi-family rental project TO: Kerry Willis, City Manager Michael Pawelczyk, Assistant City Attorney Tambri Heyden, Planning & Zoning Administrator Bulent I. Kastarlak, Director of Development :/311< DEPARTMENT OF DEVELOPME MEMORANDUM NO. DD 98-09110) I ~ @ ~ D WI ~! ~ ~~ I APR 2 Am if!) 1 I J PLANN!NG AND ZONING DEPT. FROM: DATE: April 23, 1998 SUBJECT: VIA LUGANO PUD The Via Lugano PUD project received its Master Permit on April 22, 1998. During the course of the application and review process, Mr. Tom Cavanaugh, Vice President ofP.A.C. Land Development Corporation (the applicant), has indicated several times that he will present the requested "Control Documents" for the PUD. He was unable to produce these documents, other than his company's partnership document, which was found to be insufficient as a recordable document for the PUD. He said that he is not aware of any other document which will serve the purpose. During their negotiations with the seller of the property (land), P.A.c. has not dealt with an entity resembling a Master Homeowners Association in control of all common areas of the PUD. P.A.c. has agreed to purchase the property as an independent "subdivision." After comparing my fmdings with Michael Pawelczyk, I came to the conclusion that there is a distinct possibility such "Control Documents" (i.e., covenants for the entire PUD) do not exist now, although they may have existed some fifteen years ago when the PUD was formed. This raises the question of whether the PUD actually exists today. Via Lugano is composed of three neighborhoods. According to Mr. Cavanaugh, one of these neighborhoods has a homeowners association, others do not. I think the subject warrants a "due diligence" investigation. Unknown to the City, the PUD may have been dissolved and the change of status never recorded. If so, the properties involved may have to be rezoned, possibly as multi-family. I would like to initiate such a "due diligence" investigation ASAP. Please advise. BIK:bg \\CH\MAIN\SHRDAT A\DevelopmentIBuilding-6870\DocumentsIMemos in Word\ Via Lugano3.doc ~- f;;; DEPARTMENT OF DEVELOPMENT Division of Engineering BuuntI. lGuuulak., NCARB Director of Development Buildlng Pl4nnlllg.t Zoning Englneuing OccuptlliQlIIZl Ikeruu Co-1UdIJ Redevelopment October 12, 1998 P,A.c. Land Development Corporation 730 Bonnie Brae Street Winter Park, FL 32789 Attention: Thomas L. Cavanaugh mm Re: Via Lugano Apartments PlZOANN/NG AND NING OfPT Dear Mr. Cavanaugh: We are in receipt of your letter dated October 5, 1998 regarding the above project. The City is in agreement with your request to defer construction work on Sandalwood Drive until such time that construction traffic onto this roadway is eliminated. The City agrees to remove the restriction that the proposed work on Sandalwood Drive be completed prior to issuance of the first certificate of occupancy. The restriction will now be that the proposed work on Sandalwood Drive will be completed prior to the issuance of certificates of occupancy for any of the last three buildings, specifically permit numbers 97-5650, 97-5648 and 97-5647. Also, the City will continue to hold the $11,000 Restoration Bond currently in place as additional surety Sincerely, ~nd F. DaVidSO~~ , Acting City Engineer RFD:ck Xc: Bulent Kastarlak Michael Haag Don Johnson Michael Rumpf Sebastian Puda Ken Ha\1 C:' ~Iv J)l":lIl11~llls' Via I ,1Igano. Sandalwood Dr, ellllSI. Tralli",do~ , - America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375.6280 Fax: (561) 375.6357 A P.A.C. LAND DEVELOPMENT CURPORATION A REAL ESTATE DEVELOPMENT COMPANY 730 BONNIE BRAE STREET C WINTER PARK, FLORIDA 32789 TELEPHONE (407) 628-3065 FAX (407) 645-0112 p October 5, 1998 r ID)~@~U UlJ ocr - 9 1998 r ~:~ ~ ;: Mr. Ray Davidson, P .E. City of BO}1lton Beach 100 E. BO}1lton Beach Blvd. BO}1lton Beach, F133425-03l0 1 I F ;\; 0 ! l\' r=}:' D ; "1 ro,' ~,._____... ...::.,~_..~~~.. . .1 '_.. :- ~ ~ i j-.: :--'1 _"-.......0--.,.;_ RE: Via Lugano Apartments Dear Mr. Davidson: I would like to formally request a deferral of the Sandlewood Drive construction work until the time that we have eliminated all of the heavy construction traffic on the street. Currently, as a condition of the project receiving it's first Certificate of Occupancy, the road work on Sandlewood Drive must be completed. We would like to have the restriction on the first certificate removed and placed on the last three buildings. Hence, permit numbers 97-5650, 97-5648, and 97-5647 would be subject to the completion of Sandlewood Drive. Also, we will agree to have our $11,000 Restoration Bond (cash) currently in place with the City stand as additional security. The reason for our request is simple; I would be wasting our money and the City's time if I were to start construction on that road prior to the elimination of our heavy construction equipment. This is our only construction entrance and we anticipate a substantial reduction of construction traffic prior to the last three (3) buildings receiving their Certificate of Occupancy. I hope the City can work with us on this issue. I think you will fmd that we are doing a good job with the construction of Vi ugano Apartments. Thorn s L. Cavanaugh Vice resident TLC/db cc: Sebastian Puda