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AGENDA DOCUMENTS DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-233 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION INTRODUCTION Meeting Date: August 25, 1998 Petition: Case No. 256 File No: ZNCV 98-009 (parking space requirements) Location: East side of U.S. Highway One, approximately 300 feet south of Lake Street (see Exhibit "A"- location map) Owner: Olen Residential Realty Corporation Applicant: Jan C. Hansen 1062 Coral Ridge Drive Coral Springs, FL 33071 Zoning: Community Commercial (C-3) and Multi-family (R-3) Project Name: Banyon Cove Adjacent zoning districts and land uses: North - Via Lago, zoned R-3 and Benvenuto Restaurant, zoned C-3. South - Seaview Trailer Park, zoned C-3 and R-3. East - Intracoastal waterway. West - US 1 (Federal Highway) r-o-w and farther east is the CRX Railroad. Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Section 11.H.16.a.(2) to reduce the parking space requirement to 1.95 spaces per dwelling unit from 2 spaces per dwelling unit, which represents an actual difference of 9 spaces (367 spaces from 376 spaces) . / Page 3 Memorandum No. PZ 98-233 Banyon Cove Case No. 256 -staff report structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will be make possible the reasonable use of the land, building, or structure. f. That granting of the variance will be in harmony with the general intent and purpose of this chapter (ordinance) and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Recommendation Staff recommends that this request be approved, based on the following: 1) The natural characteristics of the shoreline, such as the small clumps of mangroves and aesthetic value of the waterfront, create a special condition/circumstance peculiar to this land, which is not protected by setbacks as the property boundary does not coincide with the shoreline; 2) The reduction in the parking requirement would contribute to the preservation of mangroves, as well as the overall quality of the natural waterfront; and 3) The impact of the reduction in the number of required parking spaces by nine (9) spaces should be minimal given that over twenty (20) spaces are still available (in close proximity) to building #9, and the total ratio of required spaces is only reduced by less than one-tenth (1/10) of a space per unit. 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J ..____----'- ........ ~~ 1'I<t~_' -"1'<' "1" <J". ___ ;. //..../ PMi:I:.NC ,<, .n' :;-... /' ...- ...-/ /' T I I ,// .. wATEr.< L:N;- ,_C E '- E \ =.- " ~ \ \ " ~ ~\ _I .~ \ , \ Li-! , ! , \ ! ' t t I .. . / ; ~/" ,/ ~-- SP \ \ . '" ~ ./--../' -"" -- , .... ----- ; --- -- - C)",,, .,//~- X'' POC /' .: -; \ .----- ~ r 3 \ \. ~\,..,.,<,-;;:~.,..,:t ,\ ".~~~;0 ...~- '}:......":1IIJ:\..,. .~. :'\.., - . . ',', ':-:,#f''''C:''~'':''.'1~.i/' :;;~:J., .,. ~._-- .. '.. ':':" ':.'. {p -' :,' ,,-=---- --~XHIBIT "0" II -- page 1 IC 5. Banyan Cove Various Request: Statement of Special Conditions, Hardships and reasons. A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The subject property was once a part ofthe "Rainbow Tropical Gardens" restaurant complex and today retains remnants of the tropical vegetation and tree canopy which gave this historic restaurant its identity. The restaurant parcel now Benvenuto's is currently being expanded under separate ownership. The applicant is preparing to: a) setback from and restore the existing beach area for recreational use and b) presenre and restore the remaining vegetation and tree canopy to the maximum extent feasible. The granting of the parking variance will fulfill the request of adjacent property owners to setback from the mangrove / vegetation to the "maximum extent possible". The proposed reduction of 9 parking spaces (from 376 to 367) retains a 2 space / per residential unit standard plus an additional seven spaces. Based on actual experience with similar projects, the remaining 367 parking spaces will substantially exceed the projected demand, owing to seasonal rental and vacancy factors not found in individual unit ownership projects of a comparable density. The 367 parking spaces have been evenly distributed in immediate proximity to the residential units, as well as the pool cabana and leasing office areas. B. lbat the special conditions and circwpstances do not result from the actions of the applicant. The special historic site conditions which underlay this variance request and which the applicant is preparing to enhance, restore or presenre have been existing since the 1920's. C. lbat granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; No special privilege is contemplated or warranted in this request since other com parable properties, with similar existing site conditions would and should be granted similar considerations, in conformance with the intent and purposes of the Land Development Regulations and with the goals, objections and policies of the Adopted Comprehensive Plan. 1 . EXHIBIT "D"~ - page 2 D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; The intent of the parking requirements of the LDR's is to insure that adequate parking is provided for the intended use. In this instance, the proposed parking provides 2 spaces per unit plus seven additional spaces. Due to the special conditions of this property, which warrant the preservation of existing vegetation, this site was specifically identified for special consideration in the Comprehensive Plan. Consequently the applicant has endevoured to maximaze open space adjacent to the preserve areas. This open space would otherwise be used for the nine variance spaces. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The reduction of 11 spaces immediately west of building #9 facilitates relocation of the building foot print 18' further away from the beach. Two spaces were added in the pool cabana parking area. Therefore, no less than the nine requested spaces could accomplish the objective, and no additional parking space reductions are requested. F. That the granting of the variance will be in hannony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The intent and purpose of the la~~ development regulations is to minimize adverse impacts and maximize the positive aspects of proposed developments. The proposed reduction of 9 parking spaces insures the intended results, namely enhanced beach restoration, increased setback from the mangrove line, maximum tree and open space preservation, and more than adequate parking. The proposed variance, if granted, would accomplish all three objectives. ? --~---------- ~ --- - ----~- EXHIBIT "E" Conditions of Approval Project name: Banyon Cove File number: PKLV 98-009 (parking space requirements) Reference: Parking Lot Variance application submitted August 6. 1998. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. J:ISHRDATAIPLANNINGlSHAREDIWPIPROJECTSIBanyan Cove\ZNCV\COND. OF APPROVAL q DEVELOPME~'- ORDER OF THE CITY COMMISS~N OF THE ell f OF BOYNTON BEACH, FLORIDA PROJECT NAME: Banyan Cove Apartments APPLICANT'S AGENT: Jan C Hansen APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING BEFORE CITY COMMISSION: September 3,1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: East side of US Highway 1, approximately 100 feet north of Seaview Circle DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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 ~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 "C" with notation "Included", 4. The Applicant's application for relief is hereby ~ 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 DATED: City Clerk J:ISHRDATAIPlanningISHARED\\M'IPROJECTSIHamptons at Boynton BeachlNWSPIDEVELOPMENT ORDER - NWSP.doc 10 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the CITY OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and pursuant to the provisions of the zoning code of said City: Case #256 Owner: Variance Requested: Proposed Use: Location: Legal Description: 00 rn A~G ~ ~ !~8 rn :001 L----.-----j ~.1 i J PL,. 7-", . ,~_.._.......-.-'-,'._.'...".~ Olen Residential Realty Corporation Request for variance from Chapter 2 - Zoning, Section 11.H.16.a.(2) to reduce the parking space requirement to 1.95 spaces per dwelling unit from 2 spaces per dwelling unit, an actual difference of 9 spaces (367 spaces from 376 spaces). Apartments East side of U.S. Highway One, approximately 100 feet north of Seaview Circle. NORTHERN PARCEL (PARCEL 1) That portion of the following parcel lying West of the mean high water mark of the waters of Lake Worth. A parcel of land lying in Section 15, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and being a portion of Lots 17 and 18 of SAM BROWN JR'S SUBDIVISION, as recorded in Plat Book 1 at Page 81, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Southwest corner of said Section 15, thence due East (assumed) along the South line of said Section 15, a distance of 821.92 feet thence North 7 degrees 37'00" East along a line of 300.00 feet East of and parallel with the East right-of-way line of U.S. Highway No.1 (State Road No.5), a distance of 112.49 feet to the Point of Beginning of the parcel to be herein described; thence continue North 7 degrees 37'00" East along said parallel line, a distance of 209.99 feet; thence South 82 degrees 23'00" East, a distance of 35.0 feet; thence North 68 degrees 37'00" East a distance of 79.53 feet, thence due East, a distance of 76.51 feet; thence due South, a distance of 40.98 feet; thence South 45 degrees 00'00" East, a distance of 27.0 feet; thence due East, a distance of 14.64 feet; thence North 60 degrees 00'00" East, a distance of 49.0 feet; thence South 64 degrees 00'00" East, a distance of 50.0 feet; thence South 45 degrees 00'00" East, a distance of 44.0 feet; thence due East, a distance of 129.14 feet; thence South 76 degrees 41'01" East, a distance of 35.0 feet; thence North 13 degrees 18'59" East, a distance of 100.48 feet; thence South 76 degrees 41'01" East, a distance of 125.0 feet; thence South 13 degrees 18'59" West, a distance of 172.50 feet; thence North 76 degrees 41'01" West, a distance of 125.0 feet; thence; thence South 13 degrees 18'59" West, a distance of 35.92 feet to the point of curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said Page 2 Banyan Cove File No.: ZNCV 98-009 Case No. 256 curve having a radius of 40.0 feet and a central angle of 76 degrees ,185.28 feet and a central angel of 16 degrees 00'00", a distance of 41'01", a distance of 53.54 feet; thence due West, a distance of 77.37 feet to the point of curvature of a curve concave to the Northeast, thence Northwesterly along the arc of said curve having a radius of 51.74 feet to the point of reverse curvature of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 150.28 feet and a central angle of 16 degrees 00'00", a distance of 41.97 feet; thence due West, a distance of 51.39 feet to the point of curvature of a curve concave to the Southeast; thence Southwesterly along the arc of said curve having a radius of 256.70 and a central angle of 12 degrees 30'00", a distance of 56.00 feet to the point of reverse curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 291.70 feet and a central angel of 12 degrees 30'00", a distance of 63,64 feet; thence due West, a distance of 124.75 feet to the Point of Beginning aforedescribed. AND (PARCEL 2) A parcel of land lying in Section 15, Township 43 South" Range 43 East, Boynton Beach, Palm Beach County, Florida, and being a portion of Lot 18, Sam Brown, Jr.'s Subdivision, as recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: '\ Commencing at the Southwest corner of said Section 15, thence due East (assumed) along the South line of said Section 15, a distance of 821.92 feet to the POINT OF BEGINNING of the parcel to be herein described, thence continue due East, a distance of 613.33 feet; thence North 13018'59" East, a distance of 152.55 feet; thence North 76041 '01" West, a distance of 125.0 feet; thence South 13018'59" West, a distance of 35.92 feet to the point of curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 40.0 feet and a central angle of 76041 '01", a distance of 53.54 feet; thence due West, a distance of 77.37 feet to the point of curvature of a curve concave to the Northeast; thence Northwesterly along the arc of said curve having a radius of 185.28 feet and a central angle of 16000'00"; a distance of 51.74 feet to the point of reverse curvature of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 150.28 feet a central angle of 16000'00", a distance of 41.97 feet; thence due West, a distance of 51.39 feet to the point of curvature of a curve concave to the Southeast; thence Southwesterly along the arc of said curve having a radius of 256,70 feet and a central angle of 12030'00", a distance of 56.0 feet to the point of reverse curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 291.70 feet and a central angle of 12030'00", a distance of 63.64 feet; thence Page 3 Banyan Cove File No.: ZNCV 98-009 Case No, 256 . due West, a distance of 124.75 feet; thence South 7037'00" West, a distance of 112.49 feet to the POINT OF BEGINNING aforedescribed. SUBMERGED LAND PARCEL (PARCEL 3) A parcel of submerged land lying in the waters of Lake Worth, in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, and lying Easterly of Lots 16, 17 and 18, Sam Brown, Jr.'s Hypoluxo Subdivision, according to the plat thereof ad recorded in Plat Book 1, Page 81 of the Public Records of Palm Beach County, Florida, said parcel of submerged land being specifically described as follows: From the Southwest corner of said Section 15, run due East, along the South line of said Section 15, a distance of 519.25 feet to the East right- of-way line of U.S. Highway No.1; thence continue due East along said Section line and the South line of said Lot 18, a distance of 916.00 feet to the Mean High Water Line of Lake Worth and the Point of Beginning; thence continue due East, along said Section line, a distance of 339.34 feet to the Bulkhead line of the City of Boynton Beach, as now existing and shown on a map entitled Bulkhead Line City of Boynton Beach, Florida, September 1956, identified by the inscription of R-56-006; thence North 4007'36" East, along said Bulkhead Line, a distance of 526.38 feet to the intersection thereof with the Easterly extension of the North line of said Lot 18; thence North 89058'00" West, a distance of 252.92 feet to the Mean High Water Line; thence South 13018'59" West, along said Mean High Water Line, a distance of 539.68 feet to the Point of Beginning, LESS all lands contained within the Plat of VIA LAGO, as recorded in Plat Book 39, Page 135, Public Records of Palm Beach County, Florida. SOUTHERN PARCEL (PARCEL 4) The N1/2 of that part of the North 314.74 feet of Government Lot 2 in Section 22, Township 45 South, Range 43, East, lying East of the Florida East Coast Railway Right of Way, EXCEPTING therefrom the Right of Way of U.S. Highway No, 1, together with all riparian rights appurtenant thereto. Also Described as: Lots 1 through 28, inclusive and the N1/2 of Lot 29 of LAKE VILLAGE, · according to the Plat thereof recorded in Plat Book 21, Page 18, Public Records of Palm Beach County, Florida. AND (PARCEL 5) Together with a parcel of submerged land in Lake Worth in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, more. particularly described as follows: Page 4 Banyan Cove File No.: ZNCV 98-009 Case No. 256 Beginning at the point of intersection of the North line of LAKE VILLAGE ,with the high water line on the westerly shore of Lake Worth according to the Plat of said LAKE VILLAGE, RECORDED IN Plat Book 21, Page. 18, Public Records of Palm Beach County, Florida, said point being South 89 degrees, 25 minutes 00 seconds East, a distance of 1,125 feet from the easterly right of way of State Road NO.5 (U.S. Highway No.1) according to said Plat of LAKE VILLAGE; THENCE South 07 degrees, 05 minutes, 00 seconds West, along said high water line, a distance of 157.75 feet to a point in a line 157.37 feet south of and parallel to the North line of said LAKE VILLAGE; thence South 89 degrees, 25 minutes, 00 seconds East, along said parallel line, a distance of 325.6 feet, more or less, to a point in the City of Boynton Beach Bulkhead Line, established by Ordinance No. 289, November 19, 1956, said point being in the arc of a curve concave to the East having a radius of 1,732.07 feet and a central angle of 05 degrees, 12 minutes, 33 seconds; thence Northerly and Northeasterly along the arc of said curve a distance of 157.47 feet to a point in the Easterly projection of the North line of said Lake Village; thence North 89 degrees, 25 minutes, 00 seconds West, along said Easterly projection of the North line of said LAKE VILLAGE, a distance of 311.7 feet, more or less, to the Point of Beginning. (PARCEL 6) The South 157.37 feet of the North 314.74 feet of Govemment Lot 2, lying East of Florida East Coast right-of-way and U.S. Highway NO.1 right-of-way, and LESS THE North 137.37 feet of the West 300 feet of the above described property in Section 22, Township 45 South, Range 43 East, LAKE VILLAGE, City of Boynton Beach, according to the Plat thereof as recorded in Plat Book 21, Page 18, Palm Beach County Public Records; AND a tract of land in Lake Worth in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: BEGINNING at the intersection of the South line of Lake V~llage and the easterly right-of-way line of State Road No. 5 (U.S. Highway No. 1.) according to the Plat thereof as recorded :n Plat Book 21, Page 18, Palm Beach County Public Records; Thence South 89025'00" East, along the South line of said Lake Village, a distance of 997 feet to a point in the high water line on the westerly shore of Lake Worth; Thence continue easterly along the same course, a distance of 352.82 feet to a point in the City of Boynton Beach Bulkhead Line, established by Ordinance No. 289, November 19, 1956, said point being in the arc of a curve concave to the East having a radius of 1732.07 feet, and a central angle of 5031 '07"; Thence northwesterly and northerly along the arc of said curve and said City of Boynton Beach Bulkhead Line, a distance of 157.56 feet to a point in a line 157.37 feet North of and parallel to the South line of said Lake Village; Thence North 89025'00" West, along said parallel line a distance of 325.61 feet to a point in the aforesaid high water line on the westerly Page 5 Banyan Cove File No.: ZNCV 98-009 Case No. 256 shore of Lake Worth; Thence South 7005'00" West, along said high ,water line, a distance of 157.75 feet to the point of Beginning. AND (PARCEL 7) That certain part of the South half (S %) of the North 314.74 feet of Government Lot Two (2) in Section 22, Township 45 South, Range 43 East, lying and being East of the F.E.C. Railway right-of-way and more particularly described as follows: Beginning at a monument on the East line of the U.S. Highway No, 1 as originally located and at the intersection thereof with the North line of said Section 22, which monument is 472.84 feet East of the Northwest corner of said Section 22; Thence running Southerly along the East boundary line of said U.S. Highway No.1, a distance of 158.77 feet to a point, which is the point of beginning; Thence running Southerly along the East boundary line of U.S. Highway No.1, as originally located, a distance of 138.59 feet to a point; Thence running East on a line parallel to the North boundary line of said Section 22, a distance of 300 feet to a point; Thence running Northerly on a line parallel to the East line of said U.S. Highway No.1, a distance of 138.59 feet to a point; Thence running Westerly on a line parallel to the North boundary line of said Section 22, to the Point of Beginning. The foregoing described premises being the West 300 feet, lying East of U.S. Highway No.1, as originally located, of the North 137.37 feet of the South 157.37 feet to the North 314.74 feet of Government Lot 2, in Section 22, Township 45 South of Range 43 East, lying East of the F.E.C. Railway right-of-way; LESS the additional right-of-way for (U.S. Highway No. 1 )(S.R. No.5), as shown on Road Plat Book 3, on Page 12, Public Records of Palm Beach County, Florida. Also described as all or a portion of Lots 39 to 41, inclusive and the East 28.59 feet of Lots 42 and 43 and Lots 44 to 46, inclusive, less the South 20 feet of Lake Village, Plat Book 21, Page 18. LESS: That portion conveyed to State of Florida in Special Warranty Deed filed of record July 21, 1961 in Official Records Book 657, page 524, Public Records of Palm Beach County, Florida. PUBLIC HEARINGS will be held relative to the above application before the Planning and Development Board on August 25, 1998 at 7:00 P.M. and the City Commission on September 3, 1998 at 6:30 P.M. at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. 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 or City Commission with respect to any matter considered at Page 6 ~ Banyan Cove File No.: ZNCV 98-009 Case No. 256 .." ~- 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 inr:ludes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: The Palm Beach Post August 10, 1998 J:\SHRDA TA\PLANNING\SHARED\WP\PRQJECTS\Banyan Cove\ZNCV\Lglnotice,doc 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 working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Daniel DeCarlo DATE PREPARED: Auaust 4. 1998 BRIEF DESCRIPTION OF NOTICE OR AD: Banvan Cove Zonina Code Variance to reduce the oarkina reauirements. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for Plannina and Develooment Board Meetina on Auaust 25, 1998 at 7:00 o.m. SEND COPIES OF AD TO: Newsoaoer (8/7/98), aoolicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: Auaust 10.1998 LAST DATE TO FAX TO NEWSPAPER: Auaust 7.1998 APPROVED BY~ ,p ?t:..//Z 7" (1 ) (Originator) ;;5 /9? (Date) / (2) (City Attorney) RECEIVED BY CITY CLERK: (Date) COMPLETED: J :\SHRDA T A \PLANNING\SHARED\WP\PROJECTS\Banyan Cove\ZNCV\LEGALNOT .DOC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the CITY OF BOYNTON BEACH, FLORIDA, for a variance as indicated, under and pursuant to the provisions of the zoning code of said City: Case #256 Owner: Olen Residential Realty Corporation Variance Requested: Request for variance from Chapter 2 - Zoning, Section 11.H.16.a.(2) to reduce the parking space requirement to 1.95 spaces per dwelling unit from 2 spaces per dwelling unit, an actual difference of 9 spaces (367 spaces from 376 spaces). Proposed Use: Apartments location: East side of U.S. Highway One, approximately 100 feet north of Seaview Circle. legal Description: NORTHERN PARCEL (PARCEL 1) That portion of the following parcel lying West of the mean high water mark of the waters of lake Worth. A parcel of land lying in Section 15, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and being a portion of lots 17 and 18 of SAM BROWN JR'S SUBDIVISION, as recorded in Plat Book 1 at Page 81, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Southwest corner of said Section 15, thence due East (assumed) along the South line of said Section 15, a distance of 821.92 feet thence North 7 degrees 37'00" East along a line of 300.00 feet East of and parallel with the East right-of-way line of U.S. Highway No. 1 (State Road No.5), a distance of 112.49 feet to the Point of Beginning of the parcel to be herein described; thence continue North 7 degrees 37'00" East along said parallel line, a distance of 209,99 feet; thence South 82 degrees 23'00" East, a distance of 35.0 feet; thence North 68 degrees 37'00" East a distance of 79,53 feet, thence due East, a distance of 76.51 feet; thence due South, a distance of 40.98 feet; thence South 45 degrees 00'00" East, a distance of 27.0 feet; thence due East, a distance of 14.64 feet; thence North 60 degrees 00'00" East, a distance of 49.0 feet; thence South 64 degrees 00'00" East, a distance of 50.0 feet; thence South 45 degrees 00'00" East, a distance of 44,0 feet; thence due East, a distance of 129.14 feet; thence South 76 degrees 41'01" East, a distance of 35.0 feet; thence North 13 degrees 18'59" East, a distance of 100.48 feet; thence South 76 degrees 41'01" East, a distance of 125.0 feet; thence South 13 degrees 18'59" West, a distance of 172.50 feet; thence North 76 degrees 41'01" West, a distance of 125.0 feet; thence; thence South 13 degrees 18'59" West, a distance of 35,92 feet to the point of curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said Page 2 Banyan Cove File No.: ZNCV 98-009 Case No. 256 curve having a radius of 40.0 feet and a central angle of 76 degrees 185.28 feet and a central angel of 16 degrees 00'00", a distance of 41'01", a distance of 53.54 feet; thence due West, a distance of 77.37 feet to the point of curvature of a curve concave to the Northeast, thence Northwesterly along the arc of said curve having a radius of 51.74 feet to the point of reverse curvature of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 150.28 feet and a central angle of 16 degrees 00'00", a distance of 41.97 feet; thence due West, a distance of 51.39 feet to the point of curvature of a curve concave to the Southeast; thence Southwesterly along the arc of said curve having a radius of 256.70 and a central angle of 12 degrees 30'00", a distance of 56.00 feet to the point of reverse curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 291.70 feet and a central angel of 12 degrees 30'00", a distance of 63.64 feet; thence due West, a distance of 124.75 feet to the Point of Beginning aforedescribed. AND (PARCEL 2) A parcel of land lying in Section 15, Township 43 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and being a portion of Lot 18, Sam Brown, Jr.'s Subdivision, as recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Southwest corner of said Section 15, thence due East (assumed) along the South line of said Section 15, a distance of 821.92 feet to the POINT OF BEGINNING of the parcel to be herein described, thence continue due East, a distance of 613.33 feet; thence North 13018'59" East, a distance of 152.55 feet; thence North 76041'01" West, a distance of 125.0 feet; thence South 13018'59" West, a distance of 35.92 feet to the point of curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 40.0 feet and a central angle of 76041'01", a distance of 53.54 feet; thence due West, a distance of 77,37 feet to the point of curvature of a curve concave to the Northeast; thence Northwesterly along the arc of said curve having a radius of 185.28 feet and a central angle of 16000'00"; a distance of 51,74 feet to the point of reverse curvature of a curve concave to the Southwest; thence Northwesterly along the arc of said curve having a radius of 150.28 feet a central angle of 16000'00", a distance of 41,97 feet; thence due West, a distance of 51.39 feet to the point of curvature of a curve concave to the Southeast; thence Southwesterly along the arc of said curve having a radius of 256.70 feet and a central angle of 12030'00", a distance of 56.0 feet to the point of reverse curvature of a curve concave to the Northwest; thence Southwesterly along the arc of said curve having a radius of 291.70 feet and a central angle of 12030'00", a distance of 63.64 feet; thence Page 3 Banyan Cove File No.: ZNCV 98-009 Case No. 256 due West, a distance of 124.75 feet; thence South 7037'00" West, a distance of 112.49 feet to the POINT OF BEGINNING aforedescribed. SUBMERGED LAND PARCEL (PARCEL 3) A parcel of submerged land lying in the waters of Lake Worth, in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, and lying Easterly of Lots 16, 17 and 18, Sam Brown, Jr.'s Hypoluxo Subdivision, according to the plat thereof ad recorded in Plat Book 1, Page 81 of the Public Records of Palm Beach County, Florida, said parcel of submerged land being specifically described as follows: From the Southwest corner of said Section 15, run due East, along the South line of said Section 15, a distance of 519.25 feet to the East right- of-way line of U.S. Highway No.1; thence continue due East along said Section line and the South line of said Lot 18, a distance of 916.00 feet to the Mean High Water Line of Lake Worth and the Point of Beginning; thence continue due East, along said Section line, a distance of 339.34 feet to the Bulkhead line of the City of Boynton Beach, as now existing and shown on a map entitled Bulkhead Line City of Boynton Beach, Florida, September 1956, identified by the inscription of R-56-006; thence North 4007'36" East, along said Bulkhead Line, a distance of 526.38 feet to the intersection thereof with the Easterly extension of the North line of said Lot 18; thence North 89058'00" West, a distance of 252.92 feet to the Mean High Water Line; thence South 13018'59" West, along said Mean High Water Line, a distance of 539,68 feet to the Point of Beginning, LESS all lands contained within the Plat of VIA LAGO, as recorded in Plat Book 39, Page 135, Public Records of Palm Beach County, Florida. SOUTHERN PARCEL (PARCEL 4) The N1/2 of that part of the North 314.74 feet of Government Lot 2 in Section 22, Township 45 South, Range 43, East, lying East of the Florida East Coast Railway Right of Way, EXCEPTING therefrom the Right of Way of U.S. Highway No, 1, together with all riparian rights appurtenant thereto, Also Described as: Lots 1 through 28, inclusive and the N1/2 of Lot 29 of LAKE VILLAGE, according to the Plat thereof recorded in Plat Book 21, Page 18, Public Records of Palm Beach County, Florida. AND (PARCEL 5) Together with a parcel of submerged land in Lake Worth in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Page 4 Banyan Cove File No.: ZNCV 98-009 Case No. 256 Beginning at the point of intersection of the North line of LAKE VILLAGE with the high water line on the westerly shore of Lake Worth according to the Plat of said LAKE VILLAGE, RECORDED IN Plat Book 21, Page 18, Public Records of Palm Beach County, Florida, said point being South 89 degrees, 25 minutes 00 seconds East, a distance of 1,125 feet from the easterly right of way of State Road NO.5 (U.S. Highway No.1) according to said Plat of LAKE VILLAGE; THENCE South 07 degrees, 05 minutes, 00 seconds West, along said high water line, a distance of 157.75 feet to a point in a line 157,37 feet south of and parallel to the North line of said LAKE VILLAGE; thence South 89 degrees, 25 minutes, 00 seconds East, along said parallel line, a distance of 325.6 feet, more or less, to a point in the City of Boynton Beach Bulkhead Line, established by Ordinance No. 289, November 19, 1956, said point being in the arc of a curve concave to the East having a radius of 1,732.07 feet and a central angle of 05 degrees, 12 minutes, 33 seconds; thence Northerly and Northeasterly along the arc of said curve a distance of 157.47 feet to a point in the Easterly projection of the North line of said Lake Village; thence North 89 degrees, 25 minutes, 00 seconds West, along said Easterly projection of the North line of said LAKE VILLAGE, a distance of 311.7 feet, more or less, to the Point of Beginning. (PARCEL 6) The South 157.37 feet of the North 314.74 feet of Government Lot 2, lying East of Florida East Coast right-of-way and U.S. Highway No. 1 right-of-way, and LESS THE North 137.37 feet of the West 300 feet of the above described property in Section 22, Township 45 South, Range 43 East, LAKE VILLAGE, City of Boynton Beach, according to the Plat thereof as recorded in Plat Book 21, Page 18, Palm Beach County Public Records; AND a tract of land in Lake Worth in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: BEGINNING at the intersection of the South line of Lake Village and the easterly right-of-way line of State Road No. 5 (U.S. Highway No.1) according to the Plat thereof as recorded in Plat Book 21, Page 18, Palm Beach County Public Records; Thence South 89025'00" East, along the South line of said Lake Village, a distance of 997 feet to a point in the high water line on the westerly shore of Lake Worth; Thence continue easterly along the same course, a distance of 352.82 feet to a point in the City of Boynton Beach Bulkhead Line, established by Ordinance No, 289, November 19, 1956, said point being in the arc of a curve concave to the East having a radius of 1732.07 feet, and a central angle of 5031'07"; Thence northwesterly and northerly along the arc of said curve and said City of Boynton Beach Bulkhead Line, a distance of 157.56 feet to a point in a line 157,37 feet North of and parallel to the South line of said Lake Village; Thence North 89025'00" West, along said parallel line a distance of 325.61 feet to a point in the aforesaid high water line on the westerly Page 5 Banyan Cove File No.: ZNCV 98-009 Case No. 256 shore of Lake Worth; Thence South 7005'00" West, along said high water line, a distance of 157.75 feet to the point of Beginning. AND (PARCEL 7) That certain part of the South half (S %) of the North 314.74 feet of Government Lot Two (2) in Section 22, Township 45 South, Range 43 East, lying and being East of the F.E.C. Railway right-of-way and more particularly described as follows: Beginning at a monument on the East line of the U.S. Highway NO.1 as originally located and at the intersection thereof with the North line of said Section 22, which monument is 472.84 feet East of the Northwest corner of said Section 22; Thence running Southerly along the East boundary line of said U.S, Highway No.1, a distance of 158.77 feet to a point, which is the point of beginning; Thence running Southerly along the East boundary line of U.S. Highway No.1, as originally located, a distance of 138.59 feet to a point; Thence running East on a line parallel to the North boundary line of said Section 22, a distance of 300 feet to a point; Thence running Northerly on a line parallel to the East line of said U.S. Highway No.1, a distance of 138.59 feet to a point; Thence running Westerly on a line parallel to the North boundary line of said Section 22, to the Point of Beginning. The foregoing described premises being the West 300 feet, lying East of U.S, Highway No, 1, as originally located, of the North 137.37 feet of the South 157,37 feet to the North 314,74 feet of Government Lot 2, in Section 22, Township 45 South of Range 43 East, lying East of the F.E.C, Railway right-of-way; LESS the additional right-of-way for (U.S. Highway No, 1)(S.R. No.5), as shown on Road Plat Book 3, on Page 12, Public Records of Palm Beach County, Florida, Also described as all or a portion of Lots 39 to 41. inclusive and the East 28.59 feet of Lots 42 and 43 and Lots 44 to 46, inclusive, less the South 20 feet of Lake Village, Plat Book 21, Page 18, LESS: That portion conveyed to State of Florida in Special Warranty Deed filed of record July 21, 1961 in Official Records Book 657, page 524, Public Records of Palm Beach County, Florida. PUBLIC HEARINGS will be held relative to the above application before the Planning and Development Board on August 25, 1998 at 7:00 P,M. and the City Commission on September 3, 1998 at 6:30 P.M, at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. 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 or City Commission with respect to any matter considered at Page 6 Banyan Cove File No.: ZNCV 98-009 Case No. 256 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: The Palm Beach Post August 10, 1998 J:\SHRDA TA\PLANNING\SHARED\WP\PROJECTS\Banyan Cove\ZNCV\Lglnotice,doc