Loading...
LEGAL APPROVAL MINUTES PLANNING AND DEVELOP". ..,T BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1997 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Mr. Rosenstock moved to approve the minutes of the March 11, 1997 meeting as submitted. Mr. Aguila seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items Mr. Haag reported the following: Boulevard Center - Land Use Plan Amendment/Rezoning/Comprehensive Plan Text Amendment - The City Commission remanded this item back to the Planning and Development Board. Crystal Key at Woolbright Place PUD - New Site Plan - The City Commission unanimously approved this item subject to all staff comments plus the comments made by the Planning and Development Board regarding the cypress mulch and the perimeter fencing. Approval was also subject to there not being any changes in the perimeter buffer from what was previously approved by the City Commission. However, the City Commission allowed the applicant to reduce the size of the Saw Palmettos to 24 inches. Pallo Tropical at Shoppes of Boynton - Abandonment of a portion of a 15 foot wide utility easement - This item is still tabled. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications This report was provided to the members of the board for their perusal. Mr. Haag answered some questions Mr. Aguila had regarding the freestanding sign for Polio Tropical, the expansion of the non-conforming use for Showtime, and the reduction of the required peripheral belt for Boynton Commerce. 2 MEETING MINUTES REGULAR CITY COMMISSltJ,~ MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 2. Presentation by Boynton Beach Jaycees Jill Bennett is a member of the newly reestablished Boynton Beach Jaycees. This is an organization which teaches leadership skills and management skills. The organization concentrates on the community and is looking for professional and community-oriented people. Their first meeting will be next Tuesday evening at 7:00 p.m. This Junior Chamber provides assistance to many charities. Ms. Shabotynskyj of the Boynton Beach Chamber of Commerce fully supports this group. Ms. Bennett requested the endorsement of the Mayor and City Commission. She encouraged participation in this organization, Mayor Taylor encouraged anyone in the 21 to 39 year age bracket to get involved. Organizations such as the Jaycees offer the opportunity to make a contribution to the community. Ms. Bennett advised that one of the projects the Jaycees are involved with is AIDS Awareness in the Workplace. She presented kits to the Mayor and City Manager. Ms. Bennett left flyers at the rear of the Chambers for anyone who is interested in participating. VI. BIDS: VII. PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: Boulevard Center .................................................... TABLED Charles Putman and Associates, Inc. Howard S. Scharlin, Trustee South side of Boynton Beach Boulevard, between South Leisureville Boulevard and Northwest 8th Street LAND USE PLAN AMENDMENT/ REZONING/COMPREHENSIVE PLAN TEXT AMENDMENT . Request to amend t.he Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial, rezone from R-1-AA (PUD) to C-2, Neighborhood Commercial, and amend Area 7.a of the Comprehensive Plan Future Land Use Element to allow commercial use. Attorney Cheraf recommended that this item be taken off the table and deleted from the agenda at this time. This item will have to be renoticed to comply with the public hearing requirements, Deleting this item from the agenda will have no impact on the developer. Motion Commissioner Jaskiewicz moved to remove Boulevard Center from the table. Vice Mayor Titcomb seconded the motion which carried unanimously. 6 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 18, 1997 Motion Vice Mayor Titcomb moved to delete this item from the agenda. Commissioner Tillman seconded the motion which carried unanimously, B. Project: Agent: Owner: Location: Description: Pallo Tropical at Shoppes of Boynton David S. Drobner, Esq. Draper and Kramer of Florida. Inc. Northeast corner of Congress Avenue and Quantum Boulevard ABANDONMENT - Abandonment of a portion of a 15 foot wide utility easement. There was no one present to represent this application. Tambri Heyden, Planning and Zoning Director, advised that the agent was not present this evening, and not in attendance at the Planning and Development Board meeting. She is concerned because one of the conditions of approval is a recommendation from the Utilities Department which could significantly impact what the applicant will have to do to address the conditions of approval. It specifically requires that the boundaries be expanded. This may require this project to be readvertised. Since the applicant is not in attendance. she recommended tabling this item. Mayor Taylor suggested tabling this item until later in the meeting in case the applicant is delayed. Motion Commissioner Tillman moved to table this item until later in the evening. Vice Mayor Titcomb seconded the motion which carried unanimously. C. Public Hearing regarding adoption of EVALUATION AND APPRAISAL REPORT (EAR) and FIRST READING OF PROPOSED ORDINANCE (Proposed Ordinance No. 097.(9) Attorney Cherof read Proposed Ordinance No. 097-09 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Titcomb moved approval of Proposed Ordinance No. 097-09 on first reading. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 7 - ----~--------- MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA A. PROJECT: AGENT: : OWNER: LOCA TION: DESCRIPTION: Motion MARCH 4, 1997 Boulevard Center T~ Charles Putman and Associates, Inc. Howard S, Scharlin, Trustee South side of Boynton Beach Boulevard, between South Leisureville Boulevard and Northwest 8th Street LAND USE PLAN AMENDMENT/ REZONING/COMPREHENSIVE PLAN TeXT AMENDMENT - Request to amend the Comprehensive Plan Future Land Use Map designation of a 2.5 acre parcel from Moderate Density Residential to Local Retail Commercial, rezone from R-1-AA (PUD) to C-2. Neighborhood Commercial, and amend Area 7.a of the Comprehensive Plan Future Land Use Element to allow commercial use. Vice Mayor Jaskiewicz moved to remove this item from the table. Commissioner Tillman seconded the motion which carried unanimously. Attorney Cherof advised that the Boulevard Center, Discount Auto Parts at Shoppes of Woolbright PCD, and the Food Court at Shoppes of Woolbright PCD are quasi-judicial items. He administered the oath to all who would be testifying this evening. Bradley Miller, of Charles Putman and Associates, Inc., 4722 NW Boca Raton Boulevard, Boca Raton, Florida, is the planner for the project. He has been a planner for 12 years and a member of the American Institute of Certified Planners. He has handled projects like this one in Palm Beach County and throughout South Florida for the last seven years. Mr. Miller questioned whether the City's file and original application will be part of the record. Attorney Cherof advised that that information is not part of the record because it is not part of the Commission back-up package. Mr. Miller can make it part of the record. Also present were Michael Morton, representing the owner, and Bill Boose, of the law firm of Boose, Casey & Ciklin, for this application. Mr. Miller made the presentation. He advised that other uses in the area are the funeral home on the east, with vacant property between the two uses, a 7-11, Checkers, Casablanca Apartments to the north, Palm Beach Leisureville to the west, and single- family residential and a 3.5 acre park parcel to the south. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 The applicant has agreed to a lesser request than what was initially applied for. Since the staff recommendations and report came out, and because of public concerns expressed at the Planning & Development Board. the applicant has reevaluated that situation and agreed to staffs alternative recommendation that the northern 220' of the parcel be land use changed to a Professional Office designation and the zoning change be to C-1. Once this was agreed upon, the applicant sent notices to all of the residents in the designated area that were required to be noticed of the public hearings. The applicant included the differences between C-2 and C-1 zoning. C-2 zoning is established for typical retail uses of restaurants, gas stations, and convenience stores which are more intensive commercial uses than what is allowed in C-1 zoning. C-1 zoning allows professional office type uses, and some schools. It is provided to allow a transition between the more extensive and intensive retail uses into the residential neighborhood. The applicant is committing to a 10' buffer where the parcel is adjacent to any residential. This will ;nclude the west and south sides of the parcel. Within the 1 A' buffer, the applicant will install a 6' high masonry wall. Canopy trees will be planted, spaced every 30' on center. There will be a continuous hedge and ground cover. On the west side, the wall will be set off the property line approximately 5' because there is a utility easement on the Leisureville property side that is only 5' wide. There was some concern that if a wall goes up, that 5' would not allow enough room to maneuver and if work was necessary. When the request was for the 2.5 acres, there were approximately eight lots along the west side, This new request reduces that number to one plus not quite a second. This request will minimize the impacts to the adjacent property to the west. On the east side,'the property is zoned C-2. The modifications that are proposed in going to C-1 are consistent with the criteria of amending the Comprehensive Plan. (Mr. Miller submitted this information for the record.) With regard to the Conditions of Approval, Mr. Miller addressed the following: · Comment #6 - The last sentence of this comment has a typographical error and should be modified to read as follows: "Along the west property line, the wall shall be located 5 feet east of the property line so as not to conflict with the adjacent utility easement. .. . Comment #1 - This condition identifies the northern 220' of the parcel being changed to the Office Commercial designation and C-1 zoning district. The 12 MEETING MINUTES REGULAR CITY COMMISSIL. . BOYNTON BEACH, FLORIDA MARCH 4, 1997 applicant has a problem with the latter part of this condition, There is a recommendation that a unified development plan be worked out with the adjacent property owner, The applicant has no control over the adjacent property owner or property to the east. The applicant cannot commit to this condition. Furthermore, the applicant does not know if the property owner knows about this condition which would have implications on his property. When site plans are being worked out. if there is a way to work with that property owner, the applicant is willing to do that. However, the applicant cannot accept anything after the second line of this condition. · Comment #4 - This comment identifies the uses that would be established and permitted on this parcel. Since the applicant's commitment to do C-1 zoning, the uses have been a focal point of this parcel. The applicant has addressed this issue. Mr. Miller met with Mr, Morton after the Planning & Development Board meeting and reviewed the uses of the C-1 zoning district. They eliminated the uses they felt were not appropriate for this parcel. Those uses include churches and other places of worship, funeral homes with a Crematorium, hospitals, nursing/convalescent homes, copying services, restaurants. barber shops, beauty salons, manicurists, tailors, and dental laboratories. Comment #4 also prohibits funeral homes, pharmacies, sale of medical related supplies, instruction or tutoring, nursing homes, nursery schools, and day care centers. The applicant feels these are appropriate uses to this site. -hey are uses that will not be intrusive to the nature and intensity of this area, and they are uses that will comply with the hourly limitations for use of the building stated in Comment #4. Mr. Miller requested that funeral homes, pharmacies, sale of medical-related supplies, instruction or tutoring, nursery schools and day care centers be permitted for this parcel. Vice Mayor Jaskiewicz feels there is nothing more inappropriate for this street than nursery schools or day care centers. The location of this parcel is on a bend in the road of one of the busiest streets in this City. In addition, she does not believe the space on this parcel would permit such a use. Mr. Miller feels that the applicant has come a long way since the first application was submitted. He urged approval of this request. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Vice Mayor Jaskiewicz confirmed with Mr. Morton the land dedicated to the City for a park has no reverter clause, Tambri Heyden, Planning & Zoning Director, has been the Director for Planning and Zoning for three years. She has 12 years of municipal planning experience and is a nationally certified planner as a member of the AICP. When the application went before the Planning and Development Board in November, it was recommended for denial under the original proposal which included the entire property, It was proposed for C-2 zoning, This property has been through a number of applications over the past five years, and all of them have either been denied or withdrawn. When staff evaluated this piece of property, they saw the issues as being the impact on the residential area and on developing the remainder of the area that is not built. If this property is developed as commercial, it would delay or preclude those properties being developed for residential. When small properties are developed for commercial use, the result is an inefficient design because the parcel must be served with the necessary access requirements, service requirements, loading, etc. In order to move those kinds of vehicles around the site, two entrances are needed. This property, because of its location on Boynton Beach Boulevard, has a visibility problem for access. We have received information from the County that although there is a curb cut, there may be a potential for that median cut to be reassessed. There are two streets that dead-end this property to the east. Staff SUDcorts C-1 zoning with the conditions outlined in Comment #1. We require cross- access for other parcels to minimize the access problem on major thoroughfares. There is one vacant property to the east, and one property that has a home on it that is zoned commercial. This text amendment, which must be advertised, would inform the property owners of the shared-access, cross-access and entrance conditions being suggested. When staff evaluated the uses, they looked at the impact on the adjacent residential. The uses that have been excluded by staff, and which the applicant wishes to include, will generate a large number of patrons at one time. That translates into access problems and noise. Ms. Heyden stands behind the uses she supported, and the design considerations included in Condition #1. In response to Mayor Taylor's question, Ms. Heyden advised that the parcel in question does not abut to the funeral home on the east side and it does not have a common property line. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. 14 MEETING MINUTES REGULAR CITY COMMISSIL.. BOYNTON BEACH, FLORIDA MARCH 4, 1997 Jean McNally, 128 NW 10 Court, moved into her house last April. and invested $20,000 over the purchase price. Prior to moving into the house, she investigated and learned that this vacant property was zoned residential. This owner also knew it was zoned residential. She does not understand why that zoning should be changed. She protested this request. She feels this is another case of "the little guy getting the raw end of the deal", Richard Kerr, 148 NW 10 Court, advised that several months ago, the residents of this area started a petition of protest for changing this to commercial property, That petition contained 100 or more signatures. For the record, Mr. Kerr submitted a sketch showing how this property could be developed for residential use. There would be no need for an entrance on Boynton Beach Boulevard. The cars could enter from either NW 1 st Avenue or Ocean. This property would remain R-1-AA. This project was denied five years ago, and he is hopeful that it will be denied again. Lee Wische, 1302 SW 18 Street, welcomed the new City Manager and wished her success. Mr. Wische was asked by the people of Leisureville to represent them. He does not represent 4,500 people. He meets every morning with 12 to 20 people, from 7:00 a.m. until 8:30 a.m. These people are a cross-section of all of Leisureville. He receives input from them on a number of subjects. He is representing the overall picture of Leisureville. When Mr, Wische was on the Commission in 1989-90, this application was not defeated. When Mr. Morton saw that things were not going well, he asked for it to be taken off the table. The Planning & Development Board voted unanimously to reject this request. In looking down 8th Street, which becomes Old Boynton Road, from Ocean to Congress Avenue, it is already established as a residential area. The area across from the proposed site (Casablanca Apartments), is established as a residential area. On the east, there i~ a funeral home. On the west is Leisureville. The residents of Leisureville are concerned about rezoning this site. They do not want to deny Mr. Morton the opportunity to build. However, they are requesting that he build R-1-AA. Approval of this request will have an affect on the largest populated community in the City. He does not think this area is appropriate for commercial. Fred Meyer, 118 NW 10 Court, will be affected by this development. There are many older people in this area who like to walk on the streets. This development will bring traffic to the streets and cause many problems. Mr. Meyer disagrees with the proposal. Jack Micallef, 146 NW 10 Court, is a retired professional safety engineer. When he purchased his home, he was told this land was zoned residential. Dick Kerr drew a plan of homes that would fit in nicely. He is not only concerned about the entrance from Boynton Beach Boulevard. Many children walk this route on their way home from school. Bringing traffic into the area will create a serious problem. He would like to see the land 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 developed as residential or develop another entrance to this property from 8th Avenue. The average speed on the road is 60 mph. The turn into Leisureville is curved and there is a blind spot. That situation must be studied. Commissioner Titcomb shares concern with the legal department that Comment #1 of this proposal puts forth a condition (unified development plan with adjacent property owners) that may not be legal or possible to do. He further questioned whether the Planning & Development Board has had an opportunity to review this reduction from C-2 to C-1 with limited uses, Commissioner Titcomb said he drives this road everyday and is very concerned about the traffic speed and cross-over at the corner. He further feels that there is a tremendous difference between a professional office and a day care center. He would be concerned with allowing some of the uses the applicant would like to include in C-1 zoning. Commissioner Tillman agreed with remarks made by Commissioner Titcomb. In addition, he cannot support this request for the following reasons: 1 . The area has been zoned for residential use; 2. the multiple uses the developer wants to include for the parcel; 3. the blind spot creates a visual problem; and 4. the size of the parcel for the uses suggested. Vice Mayor Jaskiewicz thanked Mr. Miller for keeping her abreast of any changes that have been made. She is concerned because of the visioning process of the City. It is possible that the planners may find that this area is perfect for C-1. However, she feels the planner should be given that option. In addition. she has concerns about residential on this parcel if they must enter off Boynton Beach Boulevard. She would not support this request unless the staff conditions of approval are adhered to. She would only support a professional office on this site, with no other variations. Commissioner Bradley questioned whether there were any comments, from a safety standpoint, about the bend in Boynton Beach Boulevard, and the fact that there is a blind spot. Was there discussion about the construction of a slow-down lane to turn onto the property? Ms. Heyden advised that this application does not go to the TRC. A traffic study is required, but the County only looks at the number of trips to determine if it meets the County Ordinance. Ms. Heyden advised that with respect to Condition #1, this is the first time she has heard remarks about the legality of the recommendation. If this recommendation is not legal, she 16 MEETING MINUTES REGULAR CITY COMMISSt"",.-I BOYNTON BEACH, FLORIDA MARCH 4, 1997 would recommend a limit of one entrance on Boynton Beach Boulevard, and one entrance on NW 1 Avenue which presently dead-ends the property. Commissioner Bradley inquired about the viability of access from the rear of the property if this was developed residl3ntial. Ms, Heyden feels that with proper signage on Boynton Beach Boulevard. it could work, She believes the properties can be developed for residential. Ms. Heyden confirmed for Mayor Taylor that the Planning & Development Board reviewed the application for C-2 zoning for the entire property. This is a new proposal. Mayor Taylor is concerned about the fact that the Planning & Development Board has not provided input. Mr. Miller explained that the recommendation of going to C-1 on the northern 220' was included in the staff report to the Planning & Development Board. Ms. Heyden advised that the board did not discuss that option because they did not feel it was viable. Mr. Miller advised that the plan presented by Mr. Kerr could not be approved according to today's zoning. The minimum lot size required is 8,000 square feet. His plan calls for a 55' x 100' lot which would be 5,500 square feet. From a marketing standpoint. the project would be killed if there was no access to Boynton Beach Boulevard. That is the exposure to this property regardless of whether this is commercial or residential. The curb cut is in place and there is a traffic light on SW 8th Street.. With regard to the uses, the applicant could agree to Comment #4 which addresses the uses and lists the prohibited uses. In addition, there was concern on Comment #1 about providing some developability with the adjacent properties. The applicant would agree to a reciprocal access easement. That would be a stub-out driveway to the property to which the owner could connect. There would be cross-access easements for both parties. The applicant can look into the potential of a deceleration lane. If it is the Commission's preference, the applicant can go back to the Planning & Development Board to readdress the application as C-1. That will also offer the opportunity to investigate some of the other comments. Commissioner Bradley suggested tabling this item to give the Planning & Development Board and the applicant every opportunity to get input. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Commissioner Tillman agreed that this application is totally different from the original application submitted in November, He feels this project should be reviewed by the Planning & Development Board. Mayor Taylor agreed, but pointed out that the majority of the people do not want this property developed in a commercial manner. They want it to remain zoned residential. There is a tremendous amount of commercial development in progress near Woolbright Place, When the people bought these homes, they did so because it was a residential area. Allowing commercial on this site may not be fair to the residents. Mayor Taylor supports residential development in this location. Vice Mayor Jaskiewicz suggested tabling this request, and sending it back to the Planning and Development Board as the new plan presented. However, she concurred with Mayor Taylor's remarks. Motion Commissioner Bradley moved to table this application, and it be remanded back to the Planning & Development Board. Vice Mayor Jaskiewicz seconded the motion which carried 3-2. (Mayor Taylor and Commissioner Tillman dissented.) VIII. PUBLIC AUDIENCE: Myra Jones introduced the Fort Lauderdale group of the Wrice Process that has been adopted by the City of Boynton Beach. She said this group has grown to 68 individuals, They have been doing wonderful things, and Boynton Beach is proud of them. In addition, she introduced the members of the COP program. Mayor Taylor advised that when we began the Wrice Process in Boynton Beach, Pompano Beach adopted us. He wished them the best and advised them to stick with the program because it will pay big dividends. Mayor Taylor commended the COP Program volunteers, and explained that many of the other COP Programs throughout the City are reaping big benefits. Vice Mayor Jaskiewicz advised that at the next Commission meeting, there will be discussions about a centralized office for the COP Program. A computer will be located in that office containing the necessary information. This office will also provide a meeting place. 18 MEETING MINUTES PLANNING Be DEVELOPMENT bOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 for the downtown. However, Mr. Rosenstock disagreed because there are conflicting interests between CRAB and the Planning and Development Board. He pointed out that landscaping is part of the plans that are presented to the Planning and Development Board. He does not see the need to "spin off" another board just to handle landscaping. Ms. Heyden reminded everyone of the Community Appearance Board which existed to review landscaping. That board was eliminated to cut out that layer, and landscape review responsibilities were given to the Planning and Development Board. Mr. Rosenstock was not in favor of saving any board if there was a way to accomplish what needs to be done in accordance with State Statutes relative to laymen's participation in community government. It is the City Commission's responsibility to determine the necessary boards. He suggested workshopping a review of all of the boards to determine if there are conflicting authorities. Those conflicts should be eliminated. Mayor Taylor said the City Commission will be addressing this issue. Approximately 60 days ago, a decision was made by the Commission to leave the CRAB board in existence. However, that was before anyone perceived this problem. The CRAB board handles the entire CRA area. Consensus There was a consensus of the board that the Planning and Development Board should handle anything that has to do with planning and development in the City. B. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items a. The Boulevard Center Land Use Amendment/Rezoning/Comprehensive Plan Text Amendment was postponed at the City Commission. It will go forward on January 21. b. The Quantum Park Use Approval to amend the list of permitted uses to allow cosmetic manufacturing was approved. The reference to jewelry manufacturing was deleted. c. With regard to the master plan modification that was an amendment to the DRI to change the use of the lots BGlls interested in to allow industrial use and research and development, the Commission dropped the condition regarding Note #4 on the master plan. However, prior to the next future change to a commercial lot, the applicant must come before the City with a use matrix that would be submitted as a regular DRI amendment. d. The master plan for Orchard Landing was unanimously approved subject to all staff comments. e. The site plan for the Hills at Lake Eden was approved subject to all staff comments and the Planning and Development Board's recommendations. f. The time extension for Whlpowill Arms was denied. Ms. Heyden reminded the members that the LOR workshop was held, but the group left the meeting before 5 NOTICE OF PUBLIC HEARIN NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING Af'ln 1 DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORI~ rw ~ 'irri~n~ ~s ill; indicated, under and pu rsuant to the provisions of the zoning code of said City: .., \ i _,L0:2-- 1 ~ 1 Case #260 ),\ \i SEP 2 4 1998 j Owner: Robert Bordelon !'--~K~:.~;FiGAi~D ZONING DEPI. Variance Requested: Request for variance from Chapter 2 - Zoning, Section 5.C,2.a, to allow a 5.0 foot reduction from the required minimum side yard setback of 10.0 feet. Location: 2616 S.W. 4th Street Legal Description: LOT 2, BLOCK 1, RIDGEWOOD ESTATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGE 98 AND 99, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Proposed Use: Addition to single family home 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 Tuesday, October 13, 1998, 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 (742) 375-6260 PUBLISH: The Palm Beach Post September 28, 1998 J :\SHRDA T A \PLANNING\SHARED\ WP\PROJECTS\Robert Bordelon\ZNCV98.0 13\Lglnotice.doc loJ -LUlJIJ7 fE ~ UU ALG It, l~j96 l! NOTICE OF ZONING CHANGE CITY OF BOYNTON BEACH PUBLIC HEARING NING AND ING DEPT. ,,',;'1 NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, September 10, 1996 at 7:00 P.M., to consider a rezoning request submitted by John A. Grant, Jr., Inc., agent for Degraf Inc., owner and petitioner for property located northeast of the intersection of N.E. 4th Street and N.E. 20th Avenue. NATURE OF REOUEST: /..~---., Rezoning of S.OS4 acres of property from R-3, Multiple-family Dwelling District, to ilaQ!ied Unit ~~velopllP'!nt with a Land Use Intensity of 7 (PUD wI LUI-7) In connection with mastor plan approval for 34 sinale family detached home. to be known u the Bast Ridge PUD. LEGAL DESCRIPTION: A parcel of land in Section IS, Township 45 South, Range 43 East, Palm Beacb County, Florida, more particularly described as follows: Beginning at the Northeast comer of Lot 27 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof recorded in Plat Book I, page 81, Public Records of Palm Beach County, Thence Westerly along the North line of said Lot 27, a distance of 34.90 feet; thence Southerly, at right angles to the North line of said Lot 27, a distance of 75 feet; thence Easterly, parallel to the North line of said Lot 27, a distance of 25 feet to a point in the East line of said Lot 27; thence Northerly, along the East line of said Lot 27, a distance of 75.65 feet to the point of beginning. AND Beginning at the Southeast comer of Lot 27 of SAM BROWN JR'S SUBDIVISION, run West along the South line of said Lot 27, a distance 'of 229.35 feet to a point; thence Northerly, a distance of 201.4 feet more or less to a point in the North line of said Lot 27 which lies 261.16 feet West of, measured along said North line, the Northeast comer of Lot 27; thence East along the North line of Lot 27, a distance of 226.26 feet to a point 34.90 feet West of Northeast comer of Lot 27; thence South at right angles to the North line of Lot 27, a distance of 75 reetto a point; thence East parallel to the North line of Lot 27; a distance of 25 feet to a point in the East line of Lot 27, thence Southerly along the East line of Lot 27 to a point of beginning. AND Lot 28 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 1, page 81, Public Records of Palm Beacb County. AND Lot 29 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 1, page 81, Public Records of Palm Beach County. A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on this request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, September 17, 1996 at 7:00 P.M. or as soon thereafter as the agenda permits. ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY A TIORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MA ITER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (561) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE MA TIERS. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMCI AAE CITY CLERK PUBLISH: PALM BEACH POST 8/29/96 & 9/10/96 c: City Manager, City Attorney, City Commission, Planning, Files NOTICE OF REZONING NOTICE OF FUTURE LAND USE MAP AMENDMENT The City of Boynton Beach proposes to amend the text and Future Land Use Map of the- ('\ ~'l.\ Comprehensive Plan. ~c' u NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS AT CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits. APPLICANT: AGENT: LOCATION: LEGAL DESCRIPTION: /V&~~-Q 'b{ REQUEST6 REQUEST: ~f REQUES"T: &<-vd EXISTING TEXT: [Italicized portion is that to be amended.] The Morton Group Bradley D. Miller, AICP Charles Putman & Associates 2.5 acres of property located on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. Reclassify from MoDR, Moderate Density Residential to LRC, Local Retail Commercial. Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. Amend text of Comprehensive Plan Section VIII, Future Lan~l Use Support Document, Area 7.a. Area 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton ) Beach Boulevard, Between Congress and ' Interstate 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by <V\ I 0l \ ' " Page 2 NOTICE OF REZONING NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group PROPOSED TEXT: [Proposed text change is shown italicized.] Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. Area 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress and Interstate 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. [One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median Page 3 NOTICE OF REZONING NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group \ opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park. i I \ \ \ A copy of the above-described applications are available for review by the public in the City's Planning Department. 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 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 a:MORTCPTAsk arw iV"7' /VL; ~,./ ./ ) \....... / . ,. --J )V,:JrV G ,~ I ~'OF--COMPREHENSIVE PLAN. TEXT AMENDMENT (,) NOTICE OF FUTURE LAND USE MAP AMENDMENT The City of Boynton Beach proposes to amend the text and Future Land Use Map of the Comprehensive Plan. NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS AT CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on T~esday, D~cember 10, 1996, '}~?~9'~~'~'t12'" g~l,~~Qn !Jlr~~~~~~!..asL~ aB~~dft;:~.~ (~ .. permits to consider a request to change a la.dB.use,i~aatl~L.5 acres of F o~ property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held b~ the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on thit< requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits. APPLICANT: AGENT: LOCATION: The Morton Group ~r~,I;~~. ~~~~~~A~C~ ,J, 1 <:~" , ' +-: 2.5 acres of property located on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. PURPOSE: To amend the recommendation for Area 7.a. of the Comprehensive Plan Future Land Use Element Support l ?q,_. Documents, to specifically allow commercial use of the 2.5 1),/"" {(\ "",et,. '. ~ acres of property described herein: . REQUEST: Reclassify from MoDR, Moderate Density Residential to LRC, Local Retail Commercial. REQUEST: 'I ! , J ,/ ,~ .... \"'. ./ REQUEST: EXISTING TEXT: [Italicized portion is that to be amended.) . ,', r"'- Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. Amend text of Comprehensive Plan Section VIII, Future Land Use Support Document, Area 7.a. Area 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress and Interstate 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach ..r. · ~,( (/'~ . ..t Page 2 ~, NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group PROPOSED TEXT: [Proposed text change is shown italicized.] is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development!! The northern 330 feet of the Florida Power and Light C6'mpany property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. --- ,-,--.- -:--:--.- (emphasIs a e) ... The vacant outparcel which nasI along the ~ast side of Palm Beach Leisurev.ille has ,!ir~ct \ \ access With Boynton Beach Boulevard via an eXlstmg l ,"'- median opening. The frontage parcel of 2. 5 acres should .. (" l be limited to Office/Retail use consistent with the land tJ use to the east. The balance of the property south of t~e frontage parcel should be a low intensity civic or institutional use, or a neighborhood park. Area 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress and Interstate 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. [One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning ./' Page 3 J, NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family' neighborhood. The vacant outparcel which lies along t e \ east side of Palm Beach Leisureville should be limited to either single-family residential usel with a maximum density comparable to the adjacent portion of Leisurevillel or to a low-intensity institutional use. } ~The vacant outparcel which lies along- the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional usel or a neighborhood park. /'; ,0....<' '...:." ~ c::.t ~"'A",,, ~o, ..... ...... .<'Yl',; <' l .'" .",...' I'r,;;: A copy of the ~.Comprehensive~/an .Text Amendmeltl-snd Future.tand" -Use Mafi'Amendtnentrequest'is available for review by the public in the City1s Planning Department. ,J. ,( "". l.X 6(" 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 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 madel 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 (561) 375-6062 t" (" ~ (' PUBLISH: PALM BEACH POST NOVEMBER ,1996 I" a:MORTCPTA.MR arw NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT [ NOTICE OF FUTURE LAND USE MAP AMENDMENT The City of Boynton Beach proposes to amend the text and Future Land Use Map of the Comprehensive Plan. NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS AT CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10,1996, at 7:00 P.M. afId before "Hiesday;i}ecemaer+7, 1996, at 7:00,JlM. or as soon there~fter as th~}l~~IJ~~ erl)1itsr; q ~~n~ider a request to change land use recommendatlo~t f()~ ,~." ". _ it, >I , .'__~'fr'Pc-rf( ~ fct/~5A-{b 4" B~7"~- &~./.... i30-(L~ -~er-C/"CS;J /Je-f r..-r.:;f A pUBLIC HEARINGr will~ge held by the City Commission of the CITY OF BOYN"'-tON~...I 81( 5(Y",.. BEACH, FLORIDA, on this request at CITY HALL COMMISSION CHAMBE~S, 100 E. Boynton Beach Boulevard, Boynton beach, Florida, on Tuesday December 1j1, 1996, at t.- 7Jl,:, Q P.M. (i.fl~_~()for~ TUe5~y,'De.L,-,ff1bcr17, l~m5" arr:o, 6 r.M:'o. r as soon thereafter ~ '-~~... e , ISO r. ' ~e- ,_ ~ reco r ;gyn ,. APPLICANT: The Morton Group LOCATION: Bradley D. Miller, AICP O:S <&-~<. 4f5 O"~s-,-,-"".-<zs.)f- ,~ vf' p rr~r"f}Y /cC:~'-0J2 < . - ~ ~I, "'.~~~~d - evar , ee gre s ~ and .,..'"" - '-- ---. k1 ~ - AGENT: f<!1!Cc:.nn",",'" "".J...~,--,-" ~,.... To amend the ~8xiQting language -Gf-Area 7.a. of the Comprehensive Plan ~e Land Use Element Support Documents, .., ,----- 0--:) Old ~g a ,', l3etWEmn re.~l5-r.. ~(rr7~,.JJl-c ~co'),9:~ . / . '7)/ ::s-J~~:'o~"(~-l~~1 . ~' '-;j' L<.o7'hp~"",k......jIV(" r(~''\ - ,-J; )pC'.../~~(rr d-r~v' EXISTING TEXT: Area 7.a. Residential Parce in 6-- o?~;""~'-s.usc::.. af-/f:'- [Italicized portion Vicinity of Old Boynton Ro and Boynton ?, -/ <-c,.'~~"".:5 _fOe. is that to be Beach Boulevard, Between ongress and ~,f'--f7 ..Q.::~~.c.() amended.] Interstate 95. Due to the i creased traffic which will be to,,,,; <'t- drawn to the Boynton Beach all, there will be pressure to _ :fe. rezone the parcels in this are from residential to commercial /-:\ ~ff (l".1~,<r use. Other than minor adj stments to the existing zoning / ' !) ~ -fs'..ff , ,( district boundaries, commer lal zoning should not be allowed \ --' ~ ~ , ..dl......fl~ to extend westward along Id Boynton Road and Boynton r.e'l.c_~-s1' . 10ft ~i",,,-<: ( , Beach Boulevard. Extendi g commercial zoning along these .-pci"~,2.) '* (c.<J thoroughfares would cau e serious traffic congestion and (fY?()/ . C~r- degrade the residenti environment in the adjacent ~C-,+:( ( neighborhoods. In parti ular, commercial zoning should not .r;. be permitted on the resfdential lots and small parcels which ~~ ) ~ ?-< ~~ lie along Old Boynton Rj>ad to the northwest of Florida Power Cj;, s r;") ? ~ ( A,e( and Light substatio~, ard should not be per~itted on the 5.87 ?-~Q "" ,j-;.dt'" r.( {( ac~e ou~parcel IYlngi. ~Iong the east sl~e Pa~m ~ea~h 51 nJe:. p-t' 'I 4. ~elsur~vllle. One addltlo~ to the commercial zOning district {J,;cJk"Lh<~(.J)IS deSirable, however: It IS recommended that land use on i C 5 P <) the ~outhern 300 fe~t of the R-2 zoned property owned by e.~;) I ,~-..1. FlOrida Power and Ljlght Company, at the northeast corner of a./yot' ~,<;C-' Boynton Beach B\:levard, and Old BOYl).ton R ~d, be , <;C'cft~-Yl j)1(~ Z;J.';-ik. f---t.-rc- CL~ J~t ~--r)' -~~5---f~o.-T 'lJ..-, c;-.--=.,... f Ar"h M / PURPOSE: ~ Page 2 NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group PROPOSED TEXT: [Proposed text change is shown italicized.] changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. (emphasis added) ... The vacant outparcel which lies along the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park. Area 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress and Interstate 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. [One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Page 3 NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT NOTICE OF FUTURE LAND USE MAP AMENDMENT Applicant: The Morton Group Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. (emphasis added)... The vacant outparcel which lies along the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park. A copy of the Proposed Comprehensive Plan Text Amendment and Future Land Use Map Amendment request is available for review by the public in the City's Planning Department. 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 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 PUBLISH: PALM BEACH POST NOVEMBER I 1996 a:MORTCPTA,MR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996 at 7:00 p.m. to consider a request to reclassify and rezone property located at 415 NE 4th Street. 01TURE OF REQUEST ( ~eclassify from Mixed Use (MX) to Public and Private Governmental/Institutional (PPGI) \ and rezone from Central Business District (CBD) to Public Usage (PU). I 1 PURPOSE OF REQUEST To classify and rezone city-owned property more in accordance with current ownership and use (animal shelter). No change is planned to the current use. LEGAL DESCRIPTION Lots 4,5 and 6, Robert Addition toTown of Boynton, according to the Plat thereof as recorded in Plat book 1, page 51 of the public records of Palm Beach County, Florida. A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on ( this request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton ! Beach, Florida, on Tuesday, December 17, 1996 at 7:00 P.M. or as soon thereafter as the agenda permits. '- 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 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 c:comtow2.1gl \J 0 (]C L ~ F' r <.- 7 c- [2 r ( rt N b <-, s E i YJ-1 p A)r .. / /1 I I VOTICE OF COMPREHENSIVE P~~~TEXT o-,.,~-r,,~e l-",.Q.. ., The City of Boynton Beach proposes to amend the text of the Comprehensive Plan. , Q -', A __ '::o>'~ ~ D,..c;..<!'-~-- t~, fl' C. . "','lC;{;..{... K~Ublic hearin~n th~~propos~iIl be held before (1tgty7c~mm~~i~"~~t8~~I-Z!,~996, at 7:00 P. M. or as soon thereafter as the agenda permits at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The (Y\,,<f<JY.\ 6(..;,u(> APPLICANT: Publi\; Stolage, Inc. (rKA Storage -Equities,-lne.) B~(j-.{ e 7> 1>1\((,,-\ A;rcf' AGENT: , c. ;;-(""s T',-d"~~ f""s<Oj<:o;",,{q-- I :!:",t:.. LOCATION: Incorporated and Unincorporated Property at Southern end of City, between Old Dixie Highway and U.S. 1. PURPOSE: Change land use recommendations under Section l.q. of the Land Use Problems and Opportunities Section of the Future Land Use Element, as it applies to property at 3000 N. Federal Highway (Delray Beach postal service mailing address), developed as a mini-warehouse storage facility, for expansion of the existing facility. EXISTING TEXT: [Italicised ponion ;s that to be amended.] Section -l.q. Incorporated and Unincorporated Property at Southern end of City, between Old Dixie Highway and U.S. 1. This area includes a mixture of developed and undeveloped lots, under various City and County zoning districts. The City limits are irregular in this area, however, a precedent for annexation in this area has been established, and should continue. Piecemeal annexation of the developed single-family subdivisions in the vicinity of Old Dixie Highway, however, may not be practical. Annexation of the single-family subdivisions should be by referendum or other legal means for annexing the entire neighborhood. In the interim, the City should request that Palm Beach County limit the use of this area to single-family dwellings. [Existing land uses along U. S. 1 frontage are predominantly retail consequently, a Local Retail Commercial land use designation and C-3 Community Commercial zoning category are appropriate, both for lots which are presently in the ,City and those which will be annexed. These land use controls will improve the aesthetics along U. S. 1 and create a retail-oriented corridor. The lots along Old Dixie Highway. by contrast, are not as suitable for retail use, and therefore should be placed in a General Commercial land use category and C-4 zoning district.] An appropriate use for commercial property in this area would be new car dealerships. The City should adopt site regulations for new car dealerships, which would include a minimum lot area of 2 acres. The City should encourage this type of land use at this location, and should encourage the acquisition and development of properties fronting on Old Dixie Highway, as a part of the development of lots which front on U.S. 1. The single-family subdivisions in the vicinity of Old Dixie Highway, if annexed should be placed in the Medium Density Residential land use category and maintained primarily as a single-family neighborhood, with single-family and duplex zoning on the lots immediately abutting the FEC tracks. There are two portions of the Killian's Park subdivision. along Miller Road, which should be construed to be in the Local Retail (lots 9-14 and 16-20) and General Commercial (lots 21-29) land use categories, if development of these properties complies with the conditions set forth in the Coastal Management Element. Commercial projects which are adjacent to the single-family neighborhood should be designed so as to minimize the impacts to this neighborhood, consistent with the recommendations contained in the Coastal Management Element. Page 2 Notice of Comprehensive Plan Text Amendment Applicant: Public Storage, Inc. (FKA Storage Equities, Inc.) PROPOSED TEXT: [Proposed text change is shown italicised.l Section l.q. Incorporated and Unincorporated Property at Southern end of City, between Old Dixie Highway and U. S. 1. {Existing land uses along U. S.l frontage are a mixture of commercial, retail, and residential. A Local Retail Commercial land use designation and C-3 Community Commercial zoning category would be appropriate, both for lots which are presently in the City and those which will be annexed, but existing commercial uses should be designated as General Commercial land use and C-4 zoning.] A copy of the proposed comprehensive plan amendment request is available for review by the public in the City's Planning Department. All interested parties are notified to appear at said hearings 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 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. SUZANNE M. KRUSE, CMC/AAE CITY CLERK CITY OF BOYNTON BEACH PUBLISH: THE POST SEPTEMBER 2,1996 ~ NO. 2829/1 NOTICE OF LAND USE CHANGE NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The CIty of Boynton Beach is considering 0 request to change the use of land, amend the texl of the ComprehensIve Plan and rezone the land described in this advertisement IL o 1/8 .111110 ~!o FEET "..... NOTICE IS HER'EBY GIVEN that Ihe Planning and Development Board 01 the CITY OF BOYNTON BEACH, FLORIDA, w,1I conduct 0 PUBLIC HEARING at the CIl'Y HALL COMMISSION CHAMBERS. 100 E, Boynlon Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996 ot 7-00 P.M. or as soon thereaNer os the agenda permlls to consider 0 request to rezone and amend the Future ..und Use Mop classification on 2 5 acres of property an Ihe south "de 01 Boynton Beach Boulevard, 400 feet west a. S W 81h Street A PUBLIC HEARING will also be held by the City CommISSion of the CITY OF BOYNTON BEACH, FLORIDA, on these requests 01 CITY HALL COMMISSION CHAMBERS, 100 E Boynlon Beach Boulevard. Boynlon Beach, Florida, on Tuesday December 17, 1996,017-00 PM or os soon tnereoller os the agenda permit$ LEGAL DESCRIPTION: A PARCEl OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PAlM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY COR- NER OF lOT 41, BLOCK 2, PAlM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PAlM BEACH COUNTY, flORIDA, THENCE NORTH 7202'36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75 17 FEET TO THE BEGIN- NING OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIUS OF 185708 FEET AND A CENTRAL ANGLE OF 3-58'45" THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 128 9B FEET; THENCE SOUTH 1 35'06" EAST ALONG THE EAST LINE OF lAKE 80YNTON ESTATES PLAT 4A ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69 PUBLIC RECORDS OF PAlM BEACH COUNTY, flORIDA, A DISTANCE OF 573,54 FEET, AND THENCE SOUTH 88 24'52" WEST A DISTANCE OF 20039 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH IEISUREVllLE, AND THENCE NORTH 01 12'55" WEST A DISTANCE OF 520 34 FEET TO THE POINT OF BEGINNING APPUCANT The Morton Group AGENT Bradley D Miffer_ AICP Charles Putman & Associates LOCATION, 2,5 acres 01 property on the soulh side of Boynton Beach Boulevard, 400 feel west 01 S W, 81h Street REQUEST Reclass,fy from MoOR Moderate DenSity Res,dent,ol to LRC, Local Reto'! Commercial REQUEST; Rezone from R 1 AA, S'ngle Family ReSIdential to C 2, Neighborhood Commercial REQUEST; Amend lext of Comprehens,"e Plan Sect/on VIII, Future land Use Support Document, Area 7,0 EXISTING TEXT I'hat portion shown In [bold ilahesJ " that 10 be amendedj Area 7,0 RESIDENTIAl PARCElS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95 Due to the Increased IrofflC which will be drown 10 the Boynton Beach Moll, there will be pressure to rezone the parcels in this Qrea from resl~entlal '0 commercial use. Other ,han minor adjustments to the existing zoning district boundaries, commercial zonmg should nol be allowed to extend westward along Old Boynton Rood and Boynton Beach Boulevard. EX,tendmg commerCIa! zoning aJ~ng these thoroughfares would couse serIOus traffic congesflon and degrade the reSIdential, environment In the adlacenl ne'g~borhoods In partic1..Jlar, commercial zonlOg should no' be permItted on the reSidentIal lots and small parcels which he along Old Boynton Road to the northwest of Florida Power and lIght substation, and should not be permlhed on the Road to the northwest of Florida Power and light substation, and should not be perm,tted on Ihe 5 87 acre oUlparcel lying along Ihe east side Polm Beach lelsureville. One addition 10 the commercial zoning dlstricl is deSIrable, however It is recommended thOf land use on the s01..Jlhern 300 feet of the R-2 zones property owned by Florida Power and Light Company, at the northeast corner of Boynton Be<..ich Boule.....ard and Old Boynton Road be changed to Local Retail Commercial, and the zoning chan~ed to C-2 Nelghborh~d CommerCial The development of this parcel sho~ld be contingent on ifs bemg camboned w,th tf1e vacaled flght-of.way for Old Boynlon Rood, and Ihe small t"angular-shaped parcel at thIS intersection, and the rezoning ?f the combined parcels to 0 Planned CommerCial Development. The north~rn 330 leet of the Florida Power and Light Company property should be changed Irom Medium Density Residential land Use and R-2 zoning to Low'Denslty ReSidential Land Use and RIA zoning ThiS land use/zoning change would prevent dUfle>: dwellings from being placed immedIately next to a single-family neighborhood [The vacant oufpGr<:~ which li~s olong rh~ ....st sid~ of Palm B....ch L~isur~vill~ should be limited to ~irher singl~-family r~sid~n';al use, with a "Hu(imum d~nsity comparabl~ to rh~ adiac~nt portion of Leisure"ille, or to a low-intensity institutional use.j PROPOSED TEXT lonly the t,tle and thaI porhon to be amended" ,hown below) Area 7,0, RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 9S IThe vacant outpar<:~I which lies a/ang rh~ east sid~ af Palm Beach L~isur~vil/~ has direct acc~ss wirh Boynton Beach Bou'~vard via an exis,;ng m~dion o,.ening. Th~ frontag~ parcel af 2.5 acr~s should b~ limited ta Office/Retail use consistent with the land us~ to the east. The !>alance af rhe property south af rh~ frontag~ ,.arc~I should b.. 0 low int~nsity civic or institutional us~, or 0 neighborhood park,] A copy of the above-described applicatIons are avo lIable for review by the public in the City's Planning Deport- ment All interested parties are notified fo apoear 01 said hearing In person or by attorney and be heard. Any person who decides to appeal any deCISion of tne Plan'''lIng and De.....elopment Board or C~ty CommiSSion with rl!!spect to any maher conSidered at thiS meeting wii, need a record of the proceedings and for such purpose may need to ensure thaI a verbatim record of the proceedings IS mode which record Includes the testImony and eVidence upon which the appeal" to be based CITY OF BOYNTON BEACH SUZANNE M KRUSE, CMC/ME CITY CLERK >;';. PUBUSH: December 10 1996 Youa E Su . From cosmetic proceL1U many surgical procedure" hospital stay. Our team ot surgery you need with thl' fort of your own home, lk about Same Day Sure-rel'Y , . tl. GOO[ Intracoastal Health SlIsr ~' '~~'1.t.~ ___ . <t;.,. -, ' ~ ',r. " ~ ,";~-~'" "'~ . . ,:;(' "",1' ., ,:~~.~ "~:'";.. t~,~.. ~.M~. ~~ A... I ~l. . ~ ~~y tL".,~ :1 · ~_,~ ,........,,' ",d'~ . ,."' " ' "i '~~. ,t '.~:. <<" ,'.t .'~ ~;.~ ..~- ~"'. ~ .;"ft IllS '111." .I'a w~ll'" "LS6 c:: DRAINAGE ~ ',"- ---", J ,i ;1/- - -- __.,...... l -- - ..-....-;.- --, I) ( . 1\ PARCEL ---- ----\ -- II ,11 \? .60 AC.l ' t') ',.J l I 191 -I . 7i -,j I N.W. 54A @)r r "" " " ~ J' . . ;~ 9 19 " II 12 13 '. "r :Iv , 50 So s,,~ \' ~ 6 S ' 1.- .,~) '22 , ,,- /II ,'9; 22:.' ?2; ~\. ".....~~ t- L1 LL Q ,21 ~ 26 l- V '-i ..... 105 OGEAN ': ",'b I ',' :a "..~... I j ~l,i' l' @.. .i 10, - , 37~' ,) - ~ '" ~ II ~ 104- " ," _. }. 1~: .~}.o, ^'- , ,';- I, I , 41 , -I , oj e I 1 15 ~t,1 , , I , ~ 1, , S.W _. ,.... "". 6 i ~..1l1 '~'", ~ ;.J. -: , " ;1 ,\ '(' 7? , ,40 ~I " ,;; { ,41 . - '(1) " , ,.,. ,.. , . '. , , III I 1,1 "I~ ~ I~ ' :)() ._.~._._----------_._.- LOCATION MA? 11AA BPt)~l-~~E~~.~C~NT~~ ~L"i\II""IlI"IIII1_ , i i'-- <;:l..V . J <--- -~- . .. . Ie ~ Ii1!Il!lllll j i!c- '>1::. I lTEr t:- "-<-= t:-: \ill1 81ii1d ~'lli!! 'l!TI1111IID :: ,... . , ,_ ;.. _ ~ ~_ 1" , ,m;; l"""IT ': .. 1;' I ...... ,::: I- _: JliIJll w-u, : \ [\:ffi I.~..... <--- t::: :: . I~'" · i ,'" ~ . '- ~ ." ' \ \, Ell '~:~!'~1I ~I~~ ~.~ ,ltJfa4 ~B~I""~ O<'-^ : .~J t: : I ~ I-- :.,.. -,,-.- ,1.~ L.--->, ' I - ' _ " SO'WCON .~' - II V >-.... ~ ..'--' - <--- W ,~ R3 ,I , IJ '-L ...' ' U 1 I ~TT~"~" t>--- . ":-' . . I----~ p.t: ":BLllIJ:j ill Il J I-- '""_...... I~ f ,qq.', .', J-- -- f _'-:::"" -]1....- I------! U - I-- I' 11 I '\. ~ r~rr1 ,;1 i '~. ,.... .rt::::: ':: - 1:::: ~ - -; -- '- ..-'::-- ,\ I '1L ,'1 I ZJ ~ "".. T ~ w.J.~ \ ~ l:';~ ~ _.....11--1 7 ; "~ II 1 '0-. .." t:tn:;P=' t:: R ~ I tIT * '.U: . "-' .. c~ 1-: E .... [! . . .., ~'. .A ~.1. : C t= ,.,., . "":~. ~ nn :M 11'\\ \ .... .... "-'---' ", ' __ =- ,_~. .10.' ; peD : '-"'" ~oJ~' m: , ,UlI'" CT ~ .. 1 rftI'" ~.., ", o y.llro", SEAC'" ----'" 1\\ ' n , 1\ nll~' 1.1 ",...- [ ,. ,-:- ~ ( , r, \1.....1~~ -s;j~ ,[J I :-:J. r 1, ;T · [1t~rJ .",'.... ., "L~ ....J.....X.".L-,..:: '-\ : :P:\~\):P . 111'.....":TlM!II" , - ~. ~', ' I \:m~la\l\I\\\ IIIT'"l\ i ,. .' /-,.. .' .. ,IT, ~ ; II(~ ll3 i~ . ""III,,, ",I-c:l~ 11-',,: R;3(01"" ',. : ._.... I,;, '* , . ~~i11 ~ '-;'~I~r~ ~ ~ .'HI ~ t ~... . (' '\,.' ~ rI TIl In ,'1 rnI,L)1 III EilllJ.l@n ~ b=' ' ' ' ' ,-=uc.. · ~ ~ \ Il~ d :, :; ,. Ii i rlli.!.ll'''' ~ 1)-"'3 ~ 1,7.<"11 n 1 :: ., II--- ~ [ \'T rt :'''''''''{i @ ~ 'o:mc f.K{C:.-' \1 "H"" = ~ :.."-i1H '::''''' ': IF- \! 'II 1-11 '11' o~ mI",e'>r1lljftl.. ~..H 1 ,. 1mrr:I\]\' 1,\\ :',\~: 1':\ lc 1 I'll'( ~r!l-1 If' ~M3i l- -11 t , ,I-r- J- I-It J h" ' \ ;.....~'1lU ill 1- _ _ . . ',_/'1 i:J ~ " ,r 't , .' 1!'" ;ff\l.11 ! I-- 1 I J5 C/",'~'~~ G:t:: ...... \ 'Ir-lrrmm " nT'", · \ ~.] " ' f- i Ir 1.7 ~"i q: \ I .. J' ' -~ \ 1\ 7' , _ ~ ' '_ ~ ~'-1'" \/" ffiHE e- . 'lOLl r , ., n T :iTTIT . ...'4 J ~. ~ \~ \ · (' '-- -r nB" '1l ~L,.,.( ,~~~"v,V'- ,~I; II '-, _..-J, 1/1'1 ~ I 00 ill '\'!p" ,," ,~ . '. ~ ".' , ~ I ~111 r ~/ &~^ " ::~ ~ I~j[' L ~UD \ r=T'Tl::JJ] , ~ t '~ ," ~ ~~ '" ' ". "<.:x I I- . -' \--- tIIIIJ]J.J .... ),'.0.. "-.v.W ,....~':. ,\:.', ,~r \ rTIIIIIIl m1 mmmmr1 mww lE' illllIillIIl1l J I If llTf1li1 IT . '" '- ;Yh ,,~"'" ", '.?Ii''! ~ . LACE" \ F-P (1 '11T~'- ..//. ;r~IiI"~ '. ,,'T ' i 1\\1\ I,ITi Itl.~ J 11T ~ .~W ~~""'~j r-r~ ;n~i.'~)\,,\ . b-F,t....d-r PU I ~ t. I .Iii. " '1 ", I~.J- .y,~, , ! -...- \ I ~ 111 Ir'i" ,,c: '~" c. ~:'I' '\0J:i I LJ.' I · ' ~ . . ~ ",:''''' '" ~ :> \.Y- u ~ ,"- :).. ,,' , .f ~ . 0!1l' "'~ . 1 ~ c--- ,c. -_.~~ rid' lR3UP ~:-, ' /T~ If? · ,.M , S'" ,37N ,'!j76VUe "".a""'''.''"I;\, -('" . .' ["'.' .~ C:3'~ "\ 'V R , ,,~ / T'- i , TTT -r ~ ' ." :'~ r I I:::~ _ ... 1 " 7L " ,J-el '\ ,I '" T .....:~ 11l-/ . - ..t. '---'- ..'::~. Lo,' oJ." ~ /......1::::" 'd.// :'1/ I . {t '-'"'>: ;:. ~. ~~A-::: .3: :.aJ)I,,' I .~; 1// r I ",- I' . ~..: · ~ ,/ /" , - \~ '? 1/8 MILESV ~ i?~ ~1:11 D1'1 ~ r/ II,' p~~="" ~ ,'7-r \ \ \ \ \ \ \' . d=. J;: .'W.W - - 'j~_ ,::- ...., ~ L ): I {f'0 400. '800 FEET I;' i=~ ;1-: · ~,..r C--I Idt, ,v=",. /I.q.. ~ -. (L. Jf~/ I); U! .,.II., dJl ,. - tlli1 t1::1' ,~-' '-' 't , ifm1a:f ." ... ", ! y; , , ,~~ J L..i -"1: _ ' In' /f rl; ,- NOTICE OF REZONING CHANGE CITY OF BOYNTON BEACH PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING AT CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits. APPLICANT: The Morton Group AGENT: Bradley D. Miller, AICP Charles Putman & Associates LOCATION: 2.5 acres of property located on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY CORNER OF LOT 41, BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 720 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A CENTRAL ANGLE OF 30 58' 45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 128.98 FEET; THENCE SOUTH 10 35' 06" EAST ALONG THE EAST LINE OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDEDIN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 573.54 FEET; AND THENCE SOUTH 880 24' 52" WEST A DISTANCE OF 200.39 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH LEISUREVILLE, AND THENCE NORTH OlD 12' 55" WEST A DISTANCE OF 520.34 FEET TO THE POINT OF BEGINNING. NATURE OF REQUESTS: Reclassify from MoDR, Moderate Density Residential to LRC, Local Retail Commercial. AND Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. A copy oE the above-described applications are available Eor review by the public in the City's Planning Deparement. All interested parties are notiEied to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision oE the Planning and Development Board or City Commission with respect to any matter considered at this meeting will need a record oE the proceedings and Eor such purpose may need to ensure that a verbatim record oE 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 (561) 375-6062 a,MORTCPTA.#3 arw ~. '~~"'<j I ",,',' __ ...... 'f,dIIl' ~ ....' ~'"'j' ~"'BO~'~""" ' . ';' ..-:IIl:'ON I .. ~ '!:o.,ti,' ~"w""""".:",.,.",.~"""", . .\"'c' . "'~ _'rIf'>. """h.j.., ....,.,.. ""'"'~~'''~,' ',. :_~~~-"""-...-..:.._.. '.:'" ,",w .<...- ""~ ,............J:\.,~...... .-.. ~_ :.,~ \ ,*",tI)OJ ...,., ~., -t-,tI)C) \ \ \ - .. " . ~ .. 1>> ~ -i ,-,~,- ---- -_._,---- .-' " -,,,-.t l.c:. , ("I\.t"\ ,- - :;...-- - ,-' - ' ~..,<:l) ._----...----.--. _.....~r'.... \ -1' , ., ~ t I"~ \ ,. o "'0 \1\ ...------.... '. ---- -- - - ~f"i"I - ---- .,- .----" -- ----- -- -- -- -- ;"\ \\ \ . \I) \- -( . \- " \1'\ ~ J .4. o ~ t'" J.\ Y &\ ~ l), \ - - ----- --- -- -, ---- ---- -- - - - ...- -- - --", - -- \ ___ ...-'f' .__ __ __ v \, \; Ll ~ 1 \-.-~::--=\0-.--~"- ,-,-' i' 0 \ '" ~ \ ---' --- ...............~ \ \ \ ....,..,... ~...".,.,. -; ~L\ ~---- U' t<\ ~ an \-----=::::: rc --- :::a '? 0 ...---- ...,. ,......-..-. \ \ . ..-------- -' " , "'0 c'- \ c-" Cf') c('\ ~ .-\----=: ~ L---: s - ... ~ \ -~\ G \ \ \ ,. i ~ It; t \, " \1' .... - // .;::// ~:?'~ ~ ~ /-1~o~ ~o -( ~ A CENTRAL ANGLE OF 30 58' 45"; THENCE EASTERLY ALONG THE /ffJRVE A DISTANCE OF 128.98 FEET; THENCE SOUTH 1035' 06" EAST ALONG THE EAST LI LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 573.54 FEET; AND ' m@~nn,'?rrl--\ ----LJ'L. j; i 1'\ , -'F1 ii t 'i !.' I LV THENCE SOUTH 880 241 52" WEST A DISTANCE OF 200.39 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH LEISUREVILLE; AND THENCE NORTH 010 12155" WEST A DISTANCE OF 520.34 FEET TO THE POINT OF BEGINNING. APPLICANT: The Morton Group AGENT: Bradley D. Miller, AICP Charles Putman & Associates ....-... - LOCATION: 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. REQUEST: Reclassify from MoOR, Moderate Density Residential to LRC, Local Retail Commercial. REQUEST: Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. REQUEST: Amend text of Comprehensive Plan Section VIII, Future Land Use Support Document, Area 7.a. EXISTING TEXT (that portion shown in [bold italics] is that to be amended): Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcellying along the east side Palm Beach Leisureville. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development. The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately 'next to a single-family neighborhood. [The vacant outparcel which lies along the east side of Palm Beach Leisurevi/le should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use.] PROPOSED TEXT (only the title and that portion to be amended is shown below): NOTICE OF LAND USE CHANGE NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The CITY OF BOYNTON BEACH is considering a request to change the use of land, amend the text of the Comprehensive Plan and rezone the land described in this advertisement. 'JL~ J 1 - -...... I'~' II 'JL .\J~~ j'.~ i"'/~ ~I -. - ...:. : ~ OLDSOY/olTONROW .Lt:1 H r I I~~~' J!::~ .... --;:: ~ ' ~ - - ---: ~ ,.... - -- I- l' I' 'LJit.,. ~J fTI11 fb;:ol;x,;\. to-:. ..:.. = : - . ___ III , "!I_If' ~ Lf,f, ),', i'~..,".~ ''., - - ~ - - .1 T' 1'1 \. .~ Tor- ':1~...... 7,\ ~~'" I ' !J! - = --- ..L == "11 . J -If ~ 1 ' ~~~l - 10 I .t.1 ~ '\: 'I I I \..)~ ~~ ,.. .- '- ~ ... ~__ r-j~ I' l' ,~ -~ SITE I _ : 111'1 ~. IT : r~l : If Jr ~:'7 ~..".. ,.. ," I ..L- :, ~ -::> ~p,- 1'~n111 h~J I ~1.~I~ \;t~ ~ . '" ~ ,h" I I jliBOYIVT'OIV N~ r1'1 ~ (~ ,T" .... :11 ,~i '.' 'I~,;r ~ 'i;:' --' ' ",' it- T ili , 'I llU ' " ',; 11~!1.in,!m , 1~5YL':'4.......,!,..;::.... _,~ . , 'P" ,:'~"'J.,,~- A . 'dt" IiiIt I !1'ilM.H : "'r:~ , :0 I;" '. ..~"..". ...",~.-;,: 11 I' I . I ::'" I '".' :. 'LJtY: ' . ',! ~ [.~. ~I ijl ..t,: ... ~Ii.' "~~ ~' ("~ .~"; l~ I ...~' sfi";;':': ...:=:} ~ .' . ,-4, I ~~ .. ~a..~~.-_-."'",~: ~ ~ ' *;:. )".0 \' 111 r-III · '" . ,." . . 1-':," 10- ~I i \ ~ }~...,... - ........:' ~.--..." .~, '..... I- ~ ~ I I '.' I k I I-- -", iF~~" ...11111"- ~-,.\~I . I t ~ ~, · mt;' i - .. ~.. . "; ~ ~ I ,. .' " ...' 10---. w ::) zu ~ (/} " ~:=J ~:J I '.0. 1/8 MILE.SI~ 1/111'1 . "0 400. 'SOO FeeT - ~ ft. ... - . 11_ 9' I ~ ii · , -'/\ll~~f~<X.i~ Woo ;.~ . - ,..t 10-- ::I .. ~ ...... , r~ ! :\\, -.,. t NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at the CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17,1996, at 7:00 P.M. or as soon thereafter as the agenda permits. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SeUTHERL Y RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY CORNER OF LOT 41, BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 720 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. [The vacant outparcel which lies along the east side of Palm Beach Le/sureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park.] A copy of the above-described applications are available for review by the public in the City's Planning Department. 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 this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record oHhe 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 (561) 375-6062 ~.lAI"\DT""DT^ _&.. PUBLISH: PALM BEACH POST Friday, November 29, 1996 AND Tuesday, December 10, 1996 c: City Commission, City Manager, City Attorney, Planning, Files NOTICE OF LAND USE CHANGE NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The CITY OF BOYNTON BEACH is considering a request to change the use of land, amend the text of the Comprehensive Plan and rezone the land described in this advertisement. NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at the CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17,1996, at 7:00 P.M. or as soon thereafter as the agenda permits. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, ATTHE MOST NORTHERLY CORNER OF LOT 41, BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 720 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A CENTRAL ANGLE OF 30 58' 45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 128.98 FEET; THENCE SOUTH 1035' 06" EAST ALONG THE EAST LINE OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 573.54 FEET; AND THENCE SOUTH 880 24' 52" WEST A DISTANCE OF 200.39 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH LEISUREVILLE; AND THENCE NORTH 010 12' 55" WEST A DISTANCE OF 520.34 FEET TO THE POINT OF BEGINNING. APPLICANT: The Morton Group AGENT: Bradley D. Miller, AICP Charles Putman & Associates LOCA TION: 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. REQUEST: Reclassify from MoOR, Moderate Density Residential to LRC, Local Retail Commercial. REQUEST: Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. REQUEST: Amend text of Comprehensive Plan Section VIII, Future Land Use Support Document, Area 7.a. EXISTING TEXT (that portion shown in [bold italics] is that to be amended): Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and Light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development.] The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. [The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use.] PROPOSED TEXT (only the title and that portion to be amended is shown below): Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. [The vacant outparcel which lies along the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park.] A copy of the above-described applications are available for review by the public in the City's Planning Department. 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 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 a:MORTCPTAsk arw As /, fc'~f? elf?,) '"' REQUEST FOR PUBLISHING iL NOTICES AND/OR LEGAL ADVERTISEMENTS A completea CUJJy v, "jis 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 eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planning and Zoning Department PREPARED BY: Mike Rumpf DATE PREPARED: 11/19/96 BRIEF DESCRIPTION OF NOTICE OR AD: Notice of Comprehensive Plan Text Amendment. Future Land Use Map Amendment and Rezoning for the Boulevard Center (LUAR 96-010 and CPT A 96-002) applications SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) Standard for amendment of comprehensive plan - Ad not to be less than two (2) columns wide by ten (10) inches long and not placed in section of paper where legal notices and classified advertisements appear. If ad is reduced. headline must remain at 18 pt in size and map text must remain legible. SEND COPIES OF AD TO: Newspaper/ ...p/~1nl'V1-!J &{.irl4. ZOfo'l':.:J ~...u-f".n<"n1- NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: /1 (1) ~J~M1' ;;l~~ (Department Head) Irj..?<><!!6 . (Date) (2) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: c:\formslmrlegal NOTICE OF LAND USE CHANGE NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The CITY OF BOYNTON BEACH is considering a request to change the use of land, amend the text of the Comprehensive Plan and rezone the land described in this advertisement. - J -I J : W :::J Z ~ (/) (/) w a: ~ z 8 '--, 1 - -........ '0 1/8 Till 1 II "0 400. . 800 FEIST . NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at the CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17,1996, at 7:00 P.M. or as soon thereafter as the agenda permits. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY CORNER OF LOT 41 f BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 720 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A CENTRAL ANGLE OF 30 58' 45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 128.98 FEET; THENCE SOUTH 10 35' 06" EAST ALONG THE EAST LINE OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 573.54 FEET; AND THENCE SOUTH 880 24' 52" WEST A DISTANCE OF 200.39 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH LEISUREVILLE; AND THENCE NORTH 010 12' 55" WEST A DISTANCE OF 520.34 FEET TO THE POINT OF BEGINNING. APPLICANT: The Morton Group AGENT: Bradley D. Miller, AICP Charles Putman & Associates LOCATION: 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W. 8th Street. REQUEST: Reclassify from MoDR, Moderate Density Residential to LRC, Local Retail Commercial. REQUEST: Rezone from R-1AA, Single Family Residential to C-2, Neighborhood Commercial. REQUEST: Amend text of Comprehensive Plan Section VIII, Future Land Use Support Document, Area 7.a. EXISTING TEXT (that portion shown in [bold italics] is that to be amended): Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of Florida Power and light substation, and should not be permitted on the 5.87 acre outparcel lying along the east side Palm Beach Leisureville. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent on its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a Planned Commercial Development. The northern 330 feet of the Florida Power and light Company property should be changed from Medium Density Residential Land Use and R-2 zoning to Low Density Residential Land Use and RIA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. [The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. ] PROPOSED TEXT (only the title and that portion to be amended is shown below): Area 7.a. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. [The vacant outparcel which lies along the east side of Palm Beach Leisureville has direct access with Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2.5 acres should be limited to Office/Retail use consistent with the land use to the east. The balance of the property south of the frontage parcel should be a low intensity civic or institutional use, or a neighborhood park.] A copy of the above-described applications are available for review by the public in the City's Planning Department. 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 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 a:MORTCPTA.sk arw .._........ ........a.s..~~.. NO. 2~925 NOTICE OF LANU USE CHANGE. NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The City of Boynton Beach is considering a request to change the use of land, amend the text of the Comprehensive Plan and rezone the land described in this advertisement. , Ir~'1 NonCE IS HEREBY GMN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, Will conduct a PUBUC HEARING at the CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, FlOrida, on Tuesday, December 10, 1996, at 7:00 PM. or assoan therealter as the agenda permits to consider a .equest 10 rezone and amend the Future land Use Map classification on 2.5 acres of property on the south side of Baynton Beach Boulevard, 400 feet west of S.W. 8th Street. . A PUBUC HEARING Will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA. on these requests at CITY HALL COMMISSION CHAMBERS, 100 E, Boynton Beach Boulevard, Boynton Beaon, FlOrida, on Tuesday December 17, 1996, at 7:00 P.M. or as soon therealter as the agenda permits. - LEGAL DESCRIPTION: A PARCel OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA MORE PARTICULARLY DESCRIBED AS FOlLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OFWAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY COR. NER OF LOT 41, BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLATTHEREOF ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 72'02'36" EAST ALONG SAID SOUTHERLY RIGHT-OF.WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGIN. NING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A CENTRAL ANGLE OF 3'58'45" THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 128.98 FEET: THENCE SOUTH 1 '35'06' EAST ALONG THE EAST LINE OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 573.54 FEET, AND THENCE SOUTH 88'24'52' WEST A DISTANCE OF 200.39 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PAT OF PALM BEACH LEISUREVILLE, AND THENCE NORTH 01'12'55" WEST A DISTANCE OF 520.34 FEET TO THE POINT OF BEGINNING. APPUCANT The Morton Group AGENT: Brodley D. Miller, AICP Charies Putman & Associates LOCAnON: 2.5 acres of properly on the south side of Boynton Beach Boulevard, 400 feet west of S.W 8th Street REQUEST: ReclasSIfy from MoDR, Moderate Density Residential to LRC, Local Retail Commercial. REQUEST: Rezone (rom R 1 AA, Single Family Residenttal to C.2, Neighborhood Commercial. REQUEST: Amend text of ComprehenSIve Plan Section VIII, Future Land Use Supporl Document, Area 7 a. EXISTING TEXT (that portion shown in (bold itolics] is that to be amendedl: Area 7.a. RESIDENTIAL PARCelS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. Due to the increased traffiC which will be drawn to the Boynton Beach Mall, the.e will be pressure to .ezone the parcels in this area from residentIal to commercial use. Other than minor adjustments 10 the existing zoning district boundaries, commercial zontng should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares wourd couse serious traffic ~ongestlon end degrade the reSIdential. envIronment in the adjocent neIghborhoods. In partIcular, commercial zonmg ShOUI~ not be permitted on the reSldenllollots and small pa.cels wnich lie along Old 80ynton Rood to the no.thwest at Floflda Power and light substotlon, and should not be permitted on the Road to the northwest of Floflda Power and Light substalton, and should not be permitted on the 5.87 acre oulparcellying along the east SIde Palm Beach leisureville. One addition to the commercial zoning district is desirable, however It is recommended that land use on the southern 300 feet of the R-2 zones prope.ty owned by Florida Power and light Company, at the northeast corner of Boynton BeaCh Boulevard and Old Boynton Rood be changed to Local Retail Commercial, and the zoning changed to C.2 Neighborhood Commercial. The development of this parcel should be contingent on lis being combined With the vacated right.of.way for Old Boynton Road, and the small triangular.shaped parcel at th" intersection, and the rezonm9 ?f the combined parcels to a Planned Commercial Developmen~. The northern 330 feet of the Flollda Power and Light Company property should be changed from Medium DenSIty Residentloi Land Use and R.2 zoning to low Density Residential land Use and RIA zoning. This land u~/zoning change would prevent duplex dwellings from being placed immediately next to a s,"gle-famlly neighborhood. !The v....ant Oufpa",eI which lies along the east sid. of Pa'm a_h 1eisurevi'" should &e limiled 10 either sing,..fami'y residential us., with a maximum density camporab'e 10 th. adjace", portion of lAisureville, or 10 a low-inlensity instifuti_' u...\ PROPOSED TEXT (only the title and that portion to be amended is shown below): Area 7.0. RESIDENTIAL PARCELS IN VICINITY OF OLD BOYNTON ROAD AND BOYNTON BEACH BOULEVARD, BETWEEN CONGRESS AND INTERSTATE 95. [The vacant au"...",el which Ii.. along the ea.t .id. of Palm "-h 1eisurevill. ha. direct acc.... wi'" Boynlon Beach Boulevard via an existing median o,....ing. The Ironlo". po",el 01 2.S acre. shou'd foe limited 10 CHicelReloi' u.. con.i.lent with the/arid u.. 10 the east. The &alance of the property .outh of the fronlo". po",e' .hou'd &e 0 'ow inlensity civic ar institutional use, or a neiflh&arltood pork.] A copy of the above-described applical10ns are available for review by Ihe public in the City's Planning Depart. ment. 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 DevelopfTlent Board or City Commission wllh respect to anv matter conSidered aT this meeting will need a record of the proceedings and for such purpose may need to ensule that 0 verbatim record of the proceedings IS made. whIch record Includes the testImony and e'lldence upon whICh the appeal is 10 be based. CiTY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK PUBUSH November 29.1996 , I . NOTICE OF LAND USE CHANGE NOTICE OF TEXT AMENDMENT NOTICE OF REZONING The CITY OF BOYNTON BEACH is considering a request to change the use of land, amend the text of the Comprehensive Plan and rezone the land described in this advertisement. . J-I-, -._- h I W ....,:::J Z ~ (/) (/) w a: ~ z 8 OlDBOVNTONR~D [J3H1,--- ~~~~~~'~i f-~l~ -:- ~.~ :: "" r -- - - - - " -- - I II If :1 U J " I II uno. :.... :. ..:.. = _ ___ I II 1.li J f- '^'- I 1 j ...... .. ...... ~'" - - . . t.... 7 Ii , I~. .. - - ~ 1 I I I I ~ w f f I 7' ,v '.~ I " !I! - .. -- ~. ,_ ~ It I Hi !f' I ' -:,.. Y"':')5;: 1 - '^ n 1t '"-t. :\ 2 ~3 ",,,-... as 1.1 ;' ,"'y I I I ~ . - -- -=- .L L ~:::: ~~ ~ SITE - =: Ilfl Tr :~; : I' Jr ~;.:/ ~ II ~ I. ,.. · ..~ BOYNrll.:;; ~'f~I'~111lT'+ ifl:il.l_ ....>>J.~. ~ ~ I it! -:""\:' a ,: I" lll-wh .,: i:fTRif I- \ :'1';.':' :,"t! --J IIUL "4.' 1-1.L 1.) :If I ,I I ~! 1.J,Il.U, ,.1[. mT tII ; . I ~;.:.:;~::_.:~. ~~~;.; \"""' ~ t I: ~~ Ii li I : ,: ; rW~~( tI f -; " ~ I ~ 1 - - r ~ mIllll.f:' .....-. \1' , ':~.; . ~ ~';" - ,'III 'I " . - _, .' t:::t:JI....., '-.'". . . :.. '''':''''--'. . H '. " = ' ~. :: ,:. ~'A I . j _ . I . I . I . ~ Ii -.,. ~ ~. :... ._" .. .~ . i::: ~ i i-ll S - . S; lIi::':~.~"\'. { . . : ~ jj . :. I \1;:)(;::;'" " \111 ,...,.,'1 ~.-;.~ ..... -: .: . I t .....j an...--__."'--=-_. ,. .1 '"" _1IIIIiJPID.. .......... . '0 \~ . "r , ... --.. .~..'"....: ,....~,.....""r..~..... -"----"1 ~ . ~ , CI ).. ~ ~ I r iW i.. ; " ~ ,: ' . '. DR. . . ""\: II ' .' ........~r ~l' ' I.' .. I.. . .0 1/8 MILE'S~ ~.:' "::: lO'".: 0'" ,.. lllll I I. ',:( , , '1 · , -; "0 400. '800 FEIST lor C: Du~ u~..~ ~ --- --. 11.96 Ii:;;[ ~ , ''''~ll~tH'~~ f---- -'--, ~ t' 5 -, - - - -........ I- I 1 '\' . !l~\~ :~ . ' I ' \ I , - ::I .:........ ~ . NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at the CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, December 10, 1996, at 7:00 P.M. or as soon thereafter as the agenda permits to consider a request to rezone and amend the Future Land Use Map classification on 2.5 acres of property on the south side of Boynton Beach Boulevard, 400 feet west of S.W, 8th Street. A PUBLIC HEARING will also be held by the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, on these requests at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday December 17,1996, at 7:00 P.M, or as soon thereafter as the agenda permits. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY CORNER OF LOT 41. BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 720 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND :,::~::Jt; PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-562 FROM: Jim Cherof, City Attorney /). '. .' ~j~~,;?/JItu1:L&.- Tambri Heyden, J.1. -;;:. 9:tJ Planning & zoningbir~tor TO: DATE: October 22, 1996 SUBJECT: Boulevard Center (LUAR 96-010) (CPTA 96-002) Advertisement Requirements for Map and Text Amendment In preparation for public hearings on the above-referenced project, staff is requesting assistance with interpreting state advertisement requirements. The subject project represents a proposal to amend 2.5 acres of property from Moderate Density Residential to Local Retail Commercial, and the project includes an amendment to the text of the Comprehensive Plan, Florida Law appears unclear as to the minimum requirements for this process, Specific questions regard whether there is the necessity for a map ad (as the project contains both a small scale map amendment and a large scale text amendment), whether the ad needs to occupy one-quarter or two (2) columns of a standard newspaper page, and whether the notification process can be accomplished through direct mailing rather than a newspaper ad, as described in ss 166,041 (2) (c) . Please provide your recommendation, or any questions to Mike Rumpf of this office, I thank you in advance for an expeditious response to this request, TJH:mr PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-562 FROM: Jim Cherof, City Attorney fl.. , v,1V('>..rjljJ/~ Tambri Heyden, J.1. ;;9y:J Planning & zoningbir~tor ir~ Pd'~ . I'J 11\ ~ Boulevard Center (LUAR 96-010) (CPTA 96-002) ~ ~ Advertisement Requirements for Map and Text Amendment TO: DATE: October 22, 1996 SUBJECT: In preparation for public hearings on the above-referenced project, staff is requesting assistance with interpreting state advertisement requirements. The subject project represents a proposal to amend 2.5 acres of property from Moderate Density Residential to Local Retail Commercial, and the project includes an amendment to the text of the Comprehensive Plan. Florida Law appears unclear as to the minimum requirements for this process. Specific questions regard ~the^ rhere is the necessity for a ~ map ad (as the project contains both a small scale map amendment ~ large scale text amendment .~hether the ad needs to ~~cupy__ one- rter or two (2 co umns of a standard news a er a e, and whether the notification process can be accomplished through direct mailinq rath~r than a newspaper ad, as described in ss 166,041 (2) (c) . Please provide your recommendation, or any questions to Mike Rumpf of this office. I thank you in advance for an expeditious response to this request. TJH:mr -- ~ ~ ~ ~ y ~ ~~; ~ ~ Z ~ l...--' ~ c~ c:?y J~ RESOLUTION NO. 90-AAAAAAA Ij A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND TRADEWINDS DEVELOPMENT CORPORATION REGARDING THE DEVELOPMENT OF 3.5 ACRE PARK SITE; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ii I 'I 'I il : , I I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ,iOF THE CITY OF BOYNTON BEACH, FLORIDA THAT: I I Section 1. The Mayor and City Clerk are hereby jdirected to execute a certain Agreement between the City of ; Boynton Beach, Florida and Tradewinds Development ,Corporation, regarding development of a 3.5 acre park site, Isaid Agreement being attached hereto as Exhibit "A". I I Section 2. This Resolution !immediately upon passage. I I , I shall take effect PASSED AND ADOPTED this /~_ da~October, 1990. /:~~YNTON BEACH, FLORIDA /hayor j/,~~..~ / / /1 /' \ Q--~ Vice Mayor ~~ Co 'ssioner .... Co' 1sSi~ner ~ ~ ~,. ~ ~~ ;to issioner I .l <ATTEST: .1 'I ilL""'- ~ ijci~~:'cn: .<< ' Ii ,I [I (Corporate Seal) .i it) -- t! /I- II f} fJ Ii It /0 ft /j AGREEMENT THIS AGREEMENT made this l7th day of October , 1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter referred to as "CITY") and Tradewinds Development corporation (hereinafter referred to as "TRADEWINDS"). WHEREAS, TRADEWINDS has heretofore submi tted to the CITY for approval, a preliminary Plat of the Woolbright Place PUD (hereinafter "Plat") pursuant to Appendix C, Article VIII, Section 5, and WHEREAS, TRADEWINDS and the CITY have processed the preliminary Plat before the Technical Review Board, Planning & Zoning Board and City commission in accordance with the requirements of Appendix C, and WHEREAS, the Planning & Zoning Board of the CITY at its September 17, 1990, Special Meeting conditionally approved the preliminary Plat and made its recommendations to the City Commission, and WHEREAS, the City Commission conditionally approved the preliminary Plat subject to an Agreement in writing being reached between TRADEWINDS and the CITY regarding the park and recreation areas required for the development of the property which is the subject of the Plat, and Page 1 of 7 WHEREAS, Appendix C, Article IX, section 8 requires the dedication of park or recreational facilities as a condition of preliminary Plat approval, and WHEREAS, Appendix C, Article IX, section 8G requires an Agreement, in writing, by TRADEWINDS with respect to the dedication of lands, the payment of fees in lieu thereof, or both, at the option of the CITY, and WHEREAS, it is the objective of the CITY and TRADEWINDS to create a legally binding Agreement which not only sets forth the rights and duties of TRADEWINDS and THE CITY with respect to the park and recreational areas, but which also constitutes the writing required of TRADEWINDS pursuant to Appendix C, Article IX, Section 8G. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED AS FOLLOWS: 1. The CITY agrees to accept a combination of land, located outside the boundaries of the Plat, and fees in the form of actually constructed improvements to a proposed CITY Park in satisfaction of TRADEWINDS obligation to provide land for park or recreational purposes within the boundaries of the Plat. 2. The CITY and TRADEWINDS agree that the fair market value of one acre of land within the boundaries of the Plat is $75,000.00. Page 2 of 7 3. TRADEWINDS shall convey to the CITY by Special Warranty Deed and such other collateral instruments as are determined by the City Attorney to be necessary, 3.5 acres of land, the legal description of which is set forth on Exhibit "A" and attached hereto. Said conveyance shall be free and clear of all liens and encumbrances and shall constitute partial satisfaction of the Woolbright Place PUD Parkland dedication requirements pursuant to Appendix C of the Code of Ordinances. 4. In addition to the foregoing, TRADEWINDS shall, solely at the option of the CITY: A. Pay to the CITY the fair market value of one acre of land which would otherwise be required to be dedicated pursuant to the formula prescribed in Appendix C, Article IX, section 8B4, or B. Provide Actual Constructed Improvements (hereinafter "Improvements) to the proposed park to be located on the three and one-half (3.5) acres heretofore described. The Improvements shall be in accordance with a design plan generated by the CITY. In conjunction with the development of a design plan for improvement of the proposed park site, the CITY shall prepare a detailed estimate of projected costs for each element of the improvement. The CITY shall designate those elements of the design plan which TRADEWINDS shall be responsible for construction, provided that the total elements designated for improvement by TRADEWINDS shall not exceed the agreed upon fair Page. 3 of 7 market value as set forth in paragraph 2 of this Agreement. All construction improvements which become the responsibility of TRADEWINDS shall be completed in accordance with the construction schedule prepared by the CITY. In the event the CITY fails to generate park development plans wi thin three (3) years of the date of this Agreement TRADEWINDS shall pay to the CITY Sixty Thousand Dollars ($60,000.00) in full satisfaction of any cash payment to the CITY required in lieu of land dedication. C. The p~rties specifically agree that Tradewinds shall have the right to construct an additional 16 units within the Woolbright PUD, thereby bringing the total buildable units within the PUD to 656. TRADEWINDS agrees to limit to a total of 16, the units to be constructed specifically in the northeasterly portion of the property. The area is generally described as "The Tail". - A legal description of that portion of the property is attached as Exhibit X. To the extent that this provision of this agreement conflict with, or expand the rights and duties of the parties as set forth in the stipulation and Settlement Agreement and the Final Judgment in case number CL-86-3631-AE, the parties agree to jointly submit a Motion to amend the Final Judgment. 5. The parties recognize and agree that there are other provisions of Appendix C, yet unfulfilled which constitute conditions precedent to final Plat approval, site plan approval, and TRADEWINDS development rights with respect to the property. The conditions are as follows: Page 4 of 7 A. TRADEWINDS shall, prior to and in conjunction with site plan approval for the residentiai site, establish the existence of the criteria set forth in Appendix C, Article IX, section 8F for entitlement to the fifty (50%) percent credit for private open space. B. The Commission must find that the standards which entitled TRADEWINDS to credit for private open space pursuant to Appendix C, Article IX, section 8 have been met. C. In the event that TRADEWINDS fails to establish the existence of the criteria set forth in Appendix C, Article IX, section 8F or if the City Commission fails to find that such criteria have been established and that it is in the public interest to provide TRADEWINDS with the fifty (50%) percent credit, based upon the grounds set forth in the Code, then, in that event, that portion of the Surety Bond which equates to the value of four and one-half (4.5) acres of property shall be subject to forfeiture to the CITY. D. TRADEWINDS shall furnish to the CITY a Surety or Performance Bond in an amount equal to one hundred ten (110%) percent of the total costs of (1) surveying, and (2) construction for the installation and completion of all required improvements including sidewalks as set forth in Appendix C, Article 8, section 7 of the Code of Ordinances. The Bond shall include, but shall not be limited to, the fair market value of the one acre as set forth in paragraph 2 Page 5 of 7 of this Agreement, and the cost of all other required improvements pursuant to Appendix C of the Code. The Bond shall not initially include the estimated value of the five basic elements of parks and recreation improvements within the parameters of the Plat. The value of such improvements shall be established in conjunction with, and as a condition of site plan approval. At such time as the actual park and recreation improvements are determined a final value for the improvements shall be made and the Bond shall be adjusted accordingly. The Bond or Bonds required by this Agreement or by Appendix C of the Code shall not be released, reduced, or extinguished without the prior written consent of the CITY following City Commission action. E. A determination by the staff of the CITY administration that the 3.5 acres described on Exhibit "A" to this Agreement are sui table for future park development by the CITY without the necessity of expenditures for site development. F. A determination by the City commission when development of the park or recreational facilities described herein shall be commenced. 6. The parties agree that nothing contained herein shall constitute a waiver by the CITY in favor of TRADEWINDS of any of the procedural requirements for preliminary or final Plat approval, nor shall this Agreement constitute or create any Page 6 of 7 additional conditions on TRADEWINDS to obtain preliminary or final Plat approval. 7. The final Plat shall contain a notation which makes reference to this Agreement and this Agreement shall be recorded in the Public Records of Palm Beach County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date indicated below. By: DATED: tJ;h;727.ae;e /7' /99C) r DATED: CORP. THE TON BEACH President MAYOR (corporate seal) ATTES~t~,...<k ~/>,,_ ITY CLERK (City Seal) By: a:2 BOYNTON 10/17/90 Page 7 of 7