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REVIEW COMMENTS .., . . MARCH 6,1,-; I Leisureville -." at risk, say residents Developer wants to rezone nearby area to commercial use By Stacie Orozco Staff Writer A developer wants to rezone the property adjacent to Palm Beach I.l'isurl'ville 10 build a ccnll'r which could include a duycare n'l\"'r. in"lr\ll.:liuna\ Sd1UU\, funeral home and pharmacy. But the residents of the retirement community say, "Don't build it in our backyard!" Several homeowners spoke against the develop- er's plans at the Boynton City COlllmission meeting. Charles Putnam and Associates, Inc., wants to n'Zul1l' ahl1ullllll' .\ere !If the rl'sidenti;\1 property Oil Ihl' soulh side ot Buynloll Bl'.\ch BIIUk\',ull just Wl'sl of Northwest Sl'vl'nlh Sired tll C2, .\S Iwighbllrhood cOlJlmercial. The entrance to Ihe Cl'nll'r would be oft uf Boynton Bl'ach Boulevard, These plan., have been slightly altered from their original plans to chaJ~gl' 2.5 acres, The plan was changed alter the Plannmg and Development Board voted against it. Don't build it here The majority of the residents in the community are in their 80s and 90s, Many fear the rezoning would change their quiet, peaceful lifestyles and bring more traffic to an already tre<lcherous road, "I sit in my backY<lrd and watch children cross from school. There is <I serious problem," said Jack McCullogh, a Leisureville resident. "There is a tremendous amount of traffic, The average speed for cars is 60 miles an hour," Resident Jean McNally said shc bought hcr home because the property adjacent was zoned residential. "I just bought my house and vested $20,000 over the purchasc prices," said Jean McNIllly. She doesn't think its fair that a developer could change th<lt. "I don't understand when (a developer) buys res- idential property - it shouldn't be changed, lllis is just another case of the little guy getting thc raw end of the deal." See ZONING on Page 24 / ~"-lc /} " C9/J'L'"f-t,} . T~-- - ( e ".. v-v (( l . L L-<. A);"'-- - . -.' '-;.i''';).' 'i. . :I, . ~ _~j., Zoning' ~ \~.~:~\. ."J;~~ Continued from p~~+,;l>f';' ~:,\;~.,,~ " .~: ";tl~"~~. JJ.n~-more time Commissioners sha~ed some of the residents con- cerns about safety and traffic. They voted 3-2 to table the request until Planning and Zoning has a chance to review the revised plans. Although the developer will have another chance to appear in front of the commission. Mayor Jerry Taylor said he didn't think their plans would fly and said it could be a waste of their time and money. "The majority of people don't want it zoned com- mercial," he said, "I see it zoned as residential." In other action · The Boynton Beach Wrice marchers, a group . which crusades against drugs in neighborhoods, adopted the Fort Lauderdale group. They will help the new group get started just as the Pompano marchers helped Boynton. · The Visions 20/20 Implementation Task Force has selected four planning firms for the Commission to review at 6:30 p.m., March 11 at the library. · Swearing in reception of the incumbent commis- sioners will be on Tuesday, March 18, at 6 p.m. A reception will follow. STAFF GRAPHIC ~oynton' postpones decision . on zonIng Developers want to build a plaza near Palm Beach leisureville, but many of the residents ate opposed. By CHUCK McGINNESS Palm Beach Post Staff Writer BOYNTON BEACH - In a move that did little to satisfy a developer or residents, city com- missioners postponed a decision Tuesday on whether to allow of- fices or shops on a small tract near Palm Beach Leisureville. Howard Scharlin and Michael Morton, owners of the proposed Boulevard Center plaza on Boyn- ton' Beach Boulevard, originally warited to change the zoning on 2.5 acres from residential to neigh- borhood commercial. Conve- nience stores, ice cream shops, delis, and stores selling furniture, jewelry and bicycles are permitted in these areas, . Many residents in the nearby retirement community' opposed any development, except new homes. .. -As a compromise, the develop- er agreed to seek rezoning on one aq-e along Boynton Beach Boule- vartl for professional offices or a day-care center. But commissioners voted 3-2 to send the project back to the planning and development board for review. . "I don't want to be backed up 011 a drugstore or nursing home or anything like that." resident Jean McNally said. '.In the past few years, resi- dents fought off other attempts to re~one the property - once for a fttlit and vegetable stand and the <{ther time for an office building. They said traffic from shops or Offices would pose a danger to the elderly people who walk for exer- qse in the area. .: Others said they bough! their homes thinking the vacant land ~uld only be used for residential development. :: The developer agreed to limit the building to one story and put in Ii .. 6-foot wall and IO-foot land- s~ped buffer to separate the cen- ~r and homes. Also, the offices 'Wbuld be open only from 7 a.m. to "/.p.m. :' A few years ago, LeisurevilIe ~sidents clashed with the devel- qpers on the unrelated Woolbright Place project. Scharlin and Morton irpn that battle, receiving $8 mil- Iton from the city for lost business qpportunities at the US-acre de- velopment at Woolbright Road and ~~terstate 95. . THE PALM BEACH POST WEDNESDAY, MARCH 5, 1997 38''>' A Je-41 L~~ B. (J~ Ce'0fe-< 11: ...f'JJ ~D> r'X C" T '0: ~ n I ( ii' f' ">> ""., L ~ ~~~ ~~ 'n, s-b.fl-y -pc c'" : ,:r .- . A' ~ oJ ___ ~~ 'f"<; fa"- +- ./:..~(<;; (( < ~ :,..0 r 'f<,rfy ~ (:, 1.- ) I \<V-IJ ,,( , ~ 'tOLlN ~;9~1,~Center . .-,1.:'_[f/(,(11<- r~~ . ~ .'r:~ SU(\cO~"lr('~ ;s :p "'-~r ~~(;he- 4~ 10(( L/ tJfr. ?~ y 5<> ;... ~ I'~ .67 tJ,,,,,>cflY e s. (~'o y r.. ~ &. I ---yv . ~ Tambri- . jJY'Y- ~ ~ * oh *Bradley Miller requests that the Blvd Center project return to P&D at the April meeting, rather ~ than the upcoming March meeting, as they need to prepare and review position; (at>' /!'v · Jim Cherof indicated that the condition # I may not be legal and that instead he offers language~ taken from the Camp. Plan (he didn't say where) that reads as follows: ~ fM:: , fiAt all stages of the development the developer is encouraged to coordinate with ~ '1 adjacent property owners for a unified plan." ~ [ltvs- )>>--L ~ /~//-~e.~~~.1 ~/~ ~; .~ v --- ~---------- 3/5/97 RE: Blvd Center Tambri- *Bradley Miller requests that the Blvd Center project return to P&D at the April meeting, rather than the upcoming March meeting, as they need to prepare and review position; * Jim Cherof indicated that the condition # 1 may not be legal and that instead he offers language taken from the Compo Plan (he didn't say where) that reads as follows: "At all stages of the development the developer is encouraged to coordinate with adjacent property owners for a unified plan," <c:.- S - C . Iy C~ VV'- (. 'S.s < ~ - ~ / ., I r I ~,J~\!<IC~~~ - 0 G~+ (eJ<1-( ~~ ~- ,9.) ~c.(".C1<2. "( "<II:>)" f;-- ." I<'s~t 2'<',..:,,3' [;-f d-- r~x- r ~../..,,,,~-r .PYI.f~ ,y "- &S-C~~ )YJtJS+ ~~:...,rtf cL~O~=-4- c,j- ft, o~ ~~ {j ft&;~ t -I-7P<:i Con-Jll~ ~ r- Co-rl n~ Q6/~-t ! - J tAs<!!6 6)( ~caJo.c~""-r r7~-f7 CC)1efLi~ 'II1ff-- J~~ 1"\c0d!.\'( - ~~cs- b<fJ~~{- k" fr-wf~-ty lJ,^cP~'S: ~"c.O-~~ ~~~ ~..fJ~~ ~oR.~ w..-s ~"'-S.'GQ--~~~~ ~ -4~~ .....sc.. 'h~"S ~~~\''- --\4~ 4-(-[ 5"0 (J s~ G-C.c.~'S" w~~ f,;e. ~ r~o~-( (l~+ B( uQ. Le~ W dc--C,.,c - D "P1Jbs-? - r-r"1'c:2-\ u~e. t cs. ~~(&",--{\o.J (ref) M.l!re, - ~se - W.(l~ b~L'o (~ ~<:1'~;t~ c~:s 'ln~~;~f.. Wt~ ~ d~ ~J2~Q--~' ~c (L. 4\.\c. C ~ ~ -- ~ ~~ - -foe t"l...c ~ ~r.fc t/kJW c' -; i V'l('CT-lj~ ~ t2'.,~ ~<JVQ.. ~<Z. "<" - 0 f ~ s e - r~~e - l~c}.,-( ~ -fee- ~ ~'G-c-~,,^,-f Ia'/-s ? "'~s p +- '?) r.e\;~tZ.v.ie.Q.. <:2.-( - (;-"jcI2'~~~~ ~4~ pr<J9-~:--( C/{Fc..f- 0- ~'7c~~ tJs~ 17(( ('Y1. (J- v1.. - 6-.j tf cc:- ~ I-n.. -; c: c~c.~ 0...>( c:.<-'(~~ z=-~ - U5<s - ....bC.~J ..5-pof" ;",r ('ss<-<::: ~ ()~ t <:.t-cQ- ~Te ,-- ,7 0 e rs~ f>>,L=..r--Q.... - Sl z.. c::. C1 ro-~c:... ( -j'S l S~'l..'~t - o~(1 ~"-r-s~(~~ o\?~c:.~ ~\f-::9.l~'( - 6- 'S..~.o- ~ ~ f- 50' -j2:.+y "5 S-'"'~ h~ ~~,...... ~c:::.O_(~S~ - ZeN-- ~ ~{ o-.{)j ~e:..v-* C~""--~ ~..~~-Cs 5 fnc<- ((2 -10 rfJ 6--r~ - r (<!. j <!c-f ~e ~ :f;; J d p",- 0 ---/0 r-~.r c~ <.(. S ~~ "'- .f,~ ~ ("" -=::.. '" \ ~~\o C'._( l).~'y "",-l~<'!.-" - \"e..S_ 'fl',ecf p ,,~s<::.Q '-r \~{'~JJ~..--+ 1 S 'f\at C~..t{ s.~1 ~( C<s&~. ... Xey Co(J/ c:P. lc~ (C ; ~ ~ cflcce (/"r t'~<- - t.U~ Lei "( fa '1= b~ ~ -(.:, l' -f- /:::, . C--.5Kr . D<s> - C=v--~ t~Jf.t-(.J- S f ?'--ql/~S}Ov-. /s r~J~r c-c---fcd~ <--( o-~~<="-.A .:r,f' .so I. (f o.-J' ~~, Mdf"1:>>. - r;6(~ ~ rr<::-~~..Jl~ ~ ?f-D PO-SS~$ .3-.,,2 Cch...-~+ 7/rv, .f- o:::-S€!- G../L~+ ~y ^<::.~ h ~ --r- ~fO.'--,'~ ~ \~v'-'''SE:- ~hc:.....~. 00 m@lliDwrn JAN 2 7 /997 @ FAX COVER lETTER CHARLES PUTMAN & ASSOCIA rES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING. ZONING · PERMITTING 4722 N.W. Boca Raton BOUlevard, Suite C-106 Boca Raton. Florida 33431 Telephone (561' 9....8411 FAX (531' 994-044 DI'TE: January 27, 1097 TO: Mike Rumpf Planning Department FAX NO.; 5611315-6090 FROM: Bradley Miller Re: Bouelvard Center TOTAL NO- OF PAGES INCLUDING COVeR PAGE: 3 If you do not receive all the psg8G, ploa.. call (561) 994-8.411. COMMENTS: Ci UROENT! o Please reviEM' and call me with your comments )! For your information o Per your request o Please raviiiw and send comments via FAX o Pleeae eall to disou,,, o For your revir:w and file o Original to follow via mail OTHER: Auached is a draft list of the C-l uses that we woula propose to prohibit from the site. I I discussed this list of uses with Vice Mayor Jaskiewicz who in turn wID discuss the list with ~e LeisurevilJe residents. Suhs:equently we will prepare a fmallist for the project. I I ~0-d ~rr0r66~9S 'JOSS~ ~ N~Wlnd .S~HJ 6c:sr ~66T-~G-N~I W, ~ @ ~ ~ w ~ .~ iU\! .... 211991 i~ PlMIMING AND lONING OEPT. IS Mini~m rea~ ya~d Maximum etructu~e height 25 faet* 45 feQt, not to ~xceed four (4) Qtories *When abuttin9 rQ8idontia1 di~trictg, gidQ and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provi.ded in Seotion Il-H hereinafter. K. PUD I?LANNBP UNIT DEVELOPMENT DISTRICTS. Chapter:2 ,5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit developmentA shall be considered zoning J dietrict. on the official zoning map_ Chapter 2.5, and all planned unit devel~ent. approved in accordance wi h Cbapte4 2.5, shall be 8Ubject to .11 applicable I provi5ion~ of these zoning regulations, except .s . otherwise Drovided for in Chapter 2.5. I . - I Section 5. Commercial di.trict regu1atioaa aDd use p~8i0D8. A. C-l OPPICE AIm PROFBSSIONAL COMMBRCIAL OY.STRICT. These discrice regulatione will provide appropriate space for office and professional uses, located to provide ready I access to such eervices for all. I 1. Uses pe~etea. Within any C-1 office and professional zoning district, no buildin9' etructurJ, land or water, or any part thereof, shall be erect~, altered or used, in whole or in part, except for on1 (t) or mo~e of the following epecified uses (sin91e-1 family occupancy when incidental and necessary to I main use is permitted). Those us.s, however, which r are listed in LA. below shall require conditional us approval, and those uses which are indicated under 1B, below shall require an environmental review I permit, prior to tbe establishment of theee usee: ~ ~~ - a. Ql\y.~Clllee aftd ot!ael!" places e:f---werehip anl!l -~e.ndan1:. &CCe88.,;)l:y-'tI'8eIl. Day aaE'e Ge_ere, - p~h\O..,.. aM seee!!d.aJ!ly sehoeJ..s, e~arioa, emd I .~011e!ee aftd uni.1ersi~iee BAall not be ~eBGtrue~ ....t:ie Be an -4~ce~;t1;1o;r;y 'tlSC .eo a plae!1!l. ef Weil'ehip, I .--hsvt;-JCJ:; . b. Pinaneial institutions, including drive-through ~. faciliti.es. o . Il'unElira.l homes. d. i'unM!';H:.-...ft8IMI W~A CII'8H11ato~iUft\.. e. Government facilities, including public communit cen~erg, excluding USEliS which have QxtenQivo etorage or maintenance facilitios, or storage orl! maintenance ae their prinoipal ueO. N9Sp~.1.-.- I I OE"'IIl-11anCe 0"~-02 f Adl;tp~.~ ..pr:11. .. .....lll.... 1 ",,!I ~ 2-25 cO-d ~~~O~66t9s -JOSS~ ~ N~WLnd -5~HJ 6c:sr ~66r-~c-N~r [0 . d ltllOl lEi I Nursing.- afid c:onV1!nscent h.~!l. I Pharmac1es, medical and surgical supplie~i I orthope01c, invalid and convalescent supplie~i eyeglasses and hearing aids. ; j. professional and business officet>. k. -Veterinary offices and clinics, excluding outdoo kennels, or Keeping of animals for purposes othe tnan trea~menc! and excluding.on-eite disposal 0 I animalS. l. ReserveO. . m. NUrsery SChools, day care centers, and other I preschoOl raci11ties* (See Section ~l.C.). I n. Instruction or tutoring, wi~h a ~oss floor area I Of ~ess than two chou sand (2,000) square feet, j limi.te<1 to inscrucc10n tor office occupations, Q.l.i acaaemdc tutoring, and Bpecifi~ally excluding i art, recreae1onal, trade, or ing~8trial i instruction. ' I o. Instruction or tutoring, with a gr066 floor are~I' Of two thousano (2,000) square tee~ or more, limited to 1nstruc~1on tor office occupations I oi academic tutoring, and spec1fically excluding I art, recreational, trade or industr1al instruction.- . p. AcademiC scnoolsl regardless ot floor area, including primary and seconaary schools, seminaries, colleges, ana un1veraitles. _q -CopyiAg se~1Ci1e. Iilr1at. Sl\eps ~l be -a.llewf!d. sloLliajeGE-- to o:tlta1n1q aR SIP.,.-il'omaeat.al review . permit ia ..aee:ord.a1Ke wit.a- &eec1on 1.1. ,...-. , ~ -Rest:~U~iliU~L&,. Subject tQ-th.:l "'fOll~]1~lA~ I No restaurant is to ~ allowed 1n an o~ce i , ding or complex of less than tw. nfY-!1vei thou d (25,000) square teet, i (2) No resta nt Sball occupy e than rive (S~ per cent of e total s e tootage Of tne I office buildin r s cture. 1 (3) No signage for t staurant shall be place~ on any freest 10g s tor the office i Cu1lding 0 complex. ! (4) Hours 0 operation Shall ~e d trom 6:0m a.m 0 5:30 p.m. I ting shall be limited to torty (40) seats II. or less. ---.S ~a;rh~:( fJhQps. h~;:auty eale!'l.s, manicurists i --tA110... $ i'~" d);H"""""'1rll!!!rR .. I ~. Dental laboratori.s,* lA. Conditional uses allowea, These uses specified abOV~ in subsection 6.A.l. which are fOlloweO by an I asterisk (*) shall be deemed to be conditional uses, I g. -f- ~. 1. Me~ical and den~al office. and eli~ic~. Adopt.Q April 4. 1"5, Ordl~.n~. O".O~ ..v~.... 2-26 Z0'd ~VV0V66T9S '~OS5~ ~ N~W~nd -5~HJ 0Z:ST L.6E,T-L.G-N~r /,;2 -3/- '1 (, T- l( -ro c;~~~" Y-~~=r=>>..<hl:1' ,,~s,~_>~-c:-J, I'A ~ hr~ t....i af '~i~J3(\J~." c~",t~< fo-<,,-c-C c-~Q_. ~",,,-C(''''~~-.s'~-~ L~.\s,--r<=.-iL((("_)' :!' A-~v,,",- (\~; j;unJ2 tc<-J1'( CC'Ylnee- fz~ 6c--~~L-'--( ~. tt-c o--Y<<!'--5;1 "-!S!!ii!. j1~rv f.r/h~V'o..- r(. Ce.,-^fcv' f'--("C'''''-( G<C"'A""\~ 5~'.71 (r{~.r.(T COy\~. $- ~ ve. 4~ GvL< ~-hCt:".! eS ~/;s t. (;""1 0... ;x'" f1"c'A- <:f' lie H~( h1 B ~~,," - L (> ~ s <U'f e. vt <it;.. d ~f ~ f;<:: "'- -'&t V f! P {~t\c-<O Un; f- 7k. v~ (~rK- ~ T '" / 0-"'.jL -5 ,((,t d:;";{ ;" "'~ r L~~, p"v'S ,''^>. r;;. - ("I 0,----,' f'" ') . /J S~C,~"--( ~/Cc-~-(>A~,,-s- ~-?uU5 _ /<:.:.- (JJ~t( ,,-(sa -;'nd." (;.;1 !"-if\. ~)yC._p b f -;2'&./ 0- V'\ CL ~_c ~Wl~'-.+ l.rlcY-~ '~<rf-t nr-!ic 5?,~~:': __./ C.?y<<- I/' A':"'1,':J ~-'""'[...<?S 1v-'<JQ ({- r ":'-.<;;;5 c:-__ c- ty>-r-Cl\J~l 11Q.. d-- r-fi.z t,~() ~ :?' t'~,,-f-<!:{1 f?~ T-L::. (~'r~(' cU:.)-~ \ir-A~ ~~~ c) (" L ,.,. GO' -~;2 {. :t () ( ( ( /(c ~ f'5<::-... ,,<vi... c''J' ~ d2~ C<~/ VV\'-.II'\.. {'.. '-h\).A. ~l' (,./11-'4- ~ S'-'~j C'c--{- F'--<<"'<:... ( ~'- (;;-C"-r<-<=-. ~-e.'='^--.(J I~'> C''-''''~ ~/-I C'<-'-v.s<:: ; (~ ~ C'!:.'vlcf2 0 ~ 0- A_ e V-V<-'"V ) ~ ;:? G f l~-.',["-c. ~ 6f K- A-vc.. .S' <~ ,,'.2 ,<:~. ( G ~ \' <C~, ('..~ "'--"'-<o"J ",J:(, <:..'" ,,,,-,,- '- -4'7 ~c::.. c..<-./'('\. ...':"'--'$ (~ J::-- rc,s c.-. a. .'-{;.~- ( 4 (,7- ( 6~-f- -I'k.r 0-. <-. 0- Ls" / roe f oj C ,,,-<.',.,C ~ < <-.- -f-,'v.r- / ~;. C'--- (' c-c::-" r: "~-r f,i~ . '..[L~~1J .~W-ur~ .1:; / (; ~ ~ ~~~ inJ- ftutr :tls ,I ) . e" ."'~ ~... .. fl..... .-..t.1':;' ~"':" ORDINANCE NO. 68 - 24 ---, ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRAN'fIN6A SPECIAL EXCEPTI8N TO CONSTRUCT COMPREHENSIVE l>LANNED TJNIT DEVELOPMENT ON PARCEL LOCATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST. MORE PARTICULARLY DESCRIBED HEREINAFTER. PURSUANT TO PROVISIONS OF ORDINANCE 68-19 OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING PROVISIONS. AN EFFECTIVE DATE AND FOR OTHER PURPOSES. .--' '-.-/ PREAMBLE WHEREAS. CA LDOS ADULT COMM UNITY. INC. has heretofore '''-../ filed an application with the City of Boynton Beach, Florida, for the purpose of obtaining approval for a certain comprehensive planned unit development ithin the municipal limits of said City, as more particularly set forth in said --J application, and plans and specifications relative thereto, including proposed to- ...., plat of first section of PALM BEACH LEISUREVILLE, all of which items are A ,'J now on file "in the office of the City Manager of said City, on property more . u particularly described in Schedule A, attached hereto and hereby made a part e'reof, and v WHEREAS, Pl::lnning Board of the City of Boynton Beach, Florida, as heretofore approve~said plat, development plan and specifications and has ": recommended favorable consideration thereof by the City Council, and ---I WHEREAS, the City Council has thoroughly examined said proposed plans and specifications relative thereto, and has received favorable 1 I recommendations and approval of said project from the City Manager, the City u ngineer and the City Planning Consultant, and o WHEREAS, it appears to the City Council that the approval of said roposed comprehensive planned unit development will be in the best interest f the City of Boynton Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 0 HE CITY OF BOYNTON BEACH, FLORIDA: ~ . Section 1: That a special exception is hereby granted to CALDOS \...."I . ,. . ...:~;".. ' 'f -\ V ''\ ---' " """\ U o . -""\ i I --.-J o u 'I i ........) o c; J -........; '/t:. . -<. ADULT COMMUNITY" the owner of a certain trac~ of land more particularly described in Schedule A" attached hereto and hereby made a part hereof, for the purpose of proceeding with development of a comprebensive planned unit development in specific accordance with plans and specifications and plat of PALM BEACH LEISUREVILLE First Section; now on file in the office of the City Manager of the City of Boynton Beach" Florida, which items are hereby incorporated herein by reference. Except for the specific special exceptions hereby granted, the developer shall proceed in strict accordance with all . ordinances of the City of Boynton Beach, including but not limited to its building" electrical and plum bing codes, subdivision and zoning codes. It is further recognized that said applicant. CALDOS ADULT COMMUNITY" INC. owns parcels of land consisting of approximately 400 additional acres located adjacent to the property described in Schedule A, attached hereto, and that upon specific approval of proposed plat, development plans and specifications by the City Council, relative said adjacent acreage for additional com pre- . hensive planned units" the developers shall be authorized and allowed to proceed with development of said areas, in strict accordance with said supplemental plat" plans, and specifications, as approved by the City Council" upon recommendation of the City Planning Board" pursuant to provisions of Ordinance 68-19. Section 2: Separability: Each of the provisions of this Ordiance r are separable, including word" clause" phrase or sentence or sentences" and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the I City of Boynton Beach" Florida. -2- -"i",~~.tf:~~ . ... '{. :;:...- t ~ _ . . -:'. - u ""I -..i " '-" /\ J , V l \ --I o o -', , I I l I ..-I o o -I ~ "'-' A. D. 1968. ATTEST: IJ"J/)' c.~ City Clerk First reading this 12th day of .September, A. D. 1968. Second, final reading and passage this 23rd day of September, ~'/ ,d)M CITY OF BOYNTON BEACH. FLORIDA By:~4e?/~~/ . . Ma~r . ~~Yr~~~ Vice Ma)j{r Councilman ~=-~ ?-~~-.~ 1/ Councilman ~o.,J2..~ Councilman -3- )~~~:;d;, . . . _.t . . ~~ '} ,:-1 ,. f ' ,I \-<' , '. ....' \ J I \, , i I t I , ~I, , f "_1"/ . r t- , , .~ "",.' i j (. ~. f . to -I ~ f , \;,.~\ ~" ': i' j- -:"~ I ,;" ";~ . ( . i." J ,. J', r p' ',:"1 , ,',~, ;:, \ , , ,i , , I " ":'\, ',\ , \ -J':',i,' ...~ ~" .~ '.' .' :";J: - ~ - - . , ..'j.. " .- ).' " ~~;. ~-!.-' . -;. ;" ;~.."':" ,lIf! ~:~- ,,' . 'L '-- . ''1': " < ,.......;..:;:" : '-",' v" . ":--J "I, '.j.,' '-;;.. : ,.~~ . , '. ";." It:,';,, ;i?: " .'; 'r.,\, " .... t ,: .. oti'..~ 1,<< ~ ST~r.t OF FLOHID~ COUiHY OF P~L~.1 1:H.L\Crl""s I KrWW ALL ~'1EN ljY THESl PR[SlNTS,.that CALUOS 'ADULT CO~'MUNIT,(, IrK Florida Corporation', the o..mer of the tract of land lying and being in S ion 29, To~n5hip 45 South, Hanqe 43 East, Palm ljeach County, Florida. 5 hereon as FIHST SECTION. PAU1 l:iE.ACH LEISURE.VILLE., being more particul d e ~ c rib e d' a s f o! I 0 ',oj s, t 0 ',o-.i it: COMMlNCING at the Northwest corner of Section 29, To~nship 45 South, Ranne 43 la~t, Palm l:ieach Cou~ty, Florida, run South 0057' 29" Ea~t (-for conven i ence the bear i ng of the West line of said Sect- ion 29 is a~sumed to beJ.r i~orth 00 571 29" L-Jest and all other bear- i n Q s' r e cite d her e i n a ( ere I a t i 'i e the r e to) a Ion g the We s t I i n e 0 f said Section 29, a di':>tance of 269.05 feet to its intersection witb the centerline of the 106,00 foot Right-of-Way bf State Road S-80l as same is recorded in Koad Plat ,l:iook 2, Pages 217 through 220. Publ ic Records of P,:\!r.1 ljeach County. Florida, said intersection be- ing sho~n as Station 384+74.26 on page 219 of said Road Plat l:ioo~; thence North 870 541 Ob" East along the centerline of said State Koad S-804 a distance ~f 1945,74 feet to the Point of ~eginning of the herein de"::>cribed p',ucel of land; thence along the boundary ot ,the herein descr ibed pctrcel of land as follows: North 870.54' 06" t.a<.,t, a distance of 43.53 feet to the be- ginning of a curve concave to the North having a radius of 1910.0E feet and a central <1ngle of 15051' 30"; thence easterly along the arc of ,:>aid curve and the centerl ine of the aforesaid State Roac 5-804 a distance of 528.67 feet to the end of said curve; thenCE North 72002' 3611 Ea':>t along said centerline a distance af 504.1~ feet;thence departing fromsaidcenterline, South 010 09' 0911 East, a distance of 1249,45 feet; thence North 87059' 3211 East, a dis- tance of 330.17 Tcer; thence North 01012' 5011 vIest, a distance of 170.40 feet; to a point on the centerline of Jasmine Street 130.11 feet" North 880 25' Ob" East from the southwester Iy corner of lake ~oynton Estates. PI.Jt 4-Aas same appears in Plat ~00k14, Page 69, Puolic Recordos of Palm ljeach County, Flo..-ida; thence along -saic center line North 880 25' Ob" East a d,istance of 299.89, feet to the i n t e r see t ion 0 f <-; aid J a ~ m i n eSt r e e t .) n d [j arc e Ion a Way ass am e a p pea r ~ on <;ald Plzd 4-A; thence South 01034' 54" East along the center- I i n e 0 f sa i d lj arc e Ion a ~.J a y, a d i '5 tan ceo f 4 1 0 , 00 fee t; t h 'e n c e Sou tt 88025' Ob" West .1 di~t.)nce of 400.00 feet to the beginning of ;;; curve concave to the South having a radius of 606.20 feet and ;;; centra 1 an g I e of 1 7 0 03' 2 b II ; thence we s t e rl y a Ion g the arc;: of s a i c curve, a distance of 180.47 feet to the end of said curve; thence South 710 21' 4011 l.-Jest a di"::>tance of 172.66 feet to the beginnin~ of a curve concave to the North having a radiu~ of 826.20 feet anc a central anqlc of 1bo 32' 26"; thence westerly, along the arc of said curve, a di::.tance of 238.51 feet to the .end of said curve; thence South 870 54' 06" West a distance of 591.08 feet to a point on the centerline of the lake Worth Drainage District's Equalizing Canal t:.-4 Ri<;1ht-of-l-Jay, (Said Right-of-Way being 150.00 feet in IrJ i d t h ); the n c e t ~ 0 rt h 1 80 39 ' 2 2" We s t a Ion g the c en t e r I i n e a d i 5 tan c e of 312,04 feet to~n angle point in said centerl ine; thence contin- 'uing alonQ.'said~Jcentertine Nodh 020 05' 54" West a d.istance of 1087.36 feet tothe intersectionofsaid centerline with the'center- , I ine of. the aforesaid State Road S-804 Right-of-way (10D.00 feet wide) and the Point of l:ieQinninq. . Cont.:lininq 38.975 .Jeres of land, more or less, and being s~b- ject. to <lny and ai I casements and r ighb..-of-way of record. ,. I", . . ~a : ;: ~ ~ ':':~ rz:r :.~. ,,;!~ ~.. .: J - ... I r: t., ~~""'::l' , .~' ~.',! ...., .. . ~ I...J." ,.. ~.~~,~~ ; '4:"., " 1. t',', 'l ~. F dl: l r f f \.;~~IJ~~' '= . - -, '7 'oil ~ ~ - ',.' ~,.~,.. 4' ,. ... . · -:.(i , ... . ,J ., . r,. . \. ". J 'I ....) " -.J \...-J ---., i ....-I o ',----, . ''", ~ .. GEOFIGE S BROCKWAY. · .. GE.ORGE R. SAOCKWAV. . I. R08eRT t. OweN. lit C. CHARLCS A ANDERSON.. .. DONALD M, SHEPHERD.... DONALD L, OSHA... ., ERNEST L. GREENE. ,"-II RONNIE. M. DIXON. lit L ARTHUR F: MctKS.... SUMPTER H. _KER. . L BR.OCKWAY, OWEN & ANDERSON ENCINEEl\S, INC. ENGI N EERS-PLANN ER. POST OFFICE BOX 3331 GUARANTY BUILDING WEST PALM' B~CH, FLORIDA 3340a TEI.EPHONC 833-21535 September 12, 1968 s. ~ HQllllUtD........ UlIlIItENCE ...MATHE......... DoMO " WHITI. ....... , The Honorable Michael V. Michael, Mayor City of Boynton Beach City Hall Boynton Beach, Florida 33435 Dear Mayor Michael: . ~ 1;, ~ . (!,) I'll . D/A ~l~ 1." CIVIL STRUCTURAL SANITARY ELECTRICAL MECHANICAL LAND PLANNING MUNICI.....L LAND aUAVEYING aou. MECHANlca The Caldos Properties, Inc. requests the following Special Exceptions to a R-1AA LAming Dis{:ict as provided for under Ordinance No. 68-19 for the pr~posed Comprehensive Planned Unit Development entitled Section I, Palm Beach Leisureville. Percent of total Lots' . 95% 5%~'-' -.'. ...- - All streets on Section 1 other than Leisureville Boulevard and Ocean Drive are private streets haVing a width of 20 feet. ; ;~ ~:~~-~~;~rC' )~': . '. \ I l ',- . . -' . ~ ...Aq .- >, .'~...~..::.... ~ ..... ",e"'" ~ ", ""\ '-,~. " i I I I --' ......,. v h,,> ..-J . "-,, u 1" '\ U .~ j I I ~ o 1"'-""', ., \.,./- -, BIlOCKW^Y, OWEN it ^NDERSON ENCiNEEllS, INC. f?': ENGINEERS-PLANNe"s <J The Honorable Michael V. Michael, Mayor City of Boynton Beach September 12, 1968 Page 2 'C; The front yard set back for the proposed Section I, Palm Beach Leisure- ville is 25 feet from 'the edge of the 20 foot private road or in the case of the 60 foot dedicated Right-of-Ways, the set back is measured from the Right-of-Way line. .; On corner lots, the side yard adjacent to the street conforms with the zoning requirements except that as stated above, for front yard set back, the distance is measured from the edge of a 20 foot private road o'r from the Right-of-Way line as the case may apply. Very truly yours, BROCKWAY, OWEN & ANDERSON ENG~EERS, INCORPORATED . .r-> ER/b cc: Mr. George Echarte . Caldos Construction Corp. .>.: ... .", . oS' " .... 'I . : -._- --_..-.-------~----.......--':.---"- .....-,.:,""' --- . / I .' . \ .. ~ - . .." ~ ~ - < ",.... ..... fIlo ... _..A- .. .. - u '~ 1 ---..I "-.-) i ''-'"' I i ---/ o o J o o l I --/ v ~ i ! , I ORDINANCE NO. 68 - 19 -----------------'------ AN ORDINANCE OF THE CITY OF BOYNTON BEACH. FLORIDA, AMENDING CHAPTER 31 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACa, ADOPTING AND SETTING FORTH PROCEDURE FOR GRANTING SPECIAL EXCEPTIONS TO PROVIDE FOR COMPREHENSIVE PLANNED UNIT DEVELOPMENTS; PROVIDING FURTHER FOR A SAVINGS CLAUSE, REPEALING PROVISION~, AUTHORITY TO CODIFY. AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: ,/ Section 1: Chapter 31 of the Codified Ordinances of the City of Boynton Beach is hereby amended as follows: (a) Add to Section 31-2(Definitions), the following: Comprehensive Planned Unit Development - A development of land consisting of 100 acres or more and ownedby a single owner, for residential and/or commercial purposes according to a specified comprehensive plan of develop- ment indicating specific locations for various land uses, open space, community facilities and internal traffic circulation system. Such Plan will be reviewed by the Planning Board and appropriate zoning districts assigned I to various use areas. The Planning Board sl?-all make its rec~mendations to the City Council for final action. (b) Add to Section 31-5, Subsection (j) to read: (]) Special Exceptions - Irrespective of other provisions of this section of the zoning ordinance, the following uses- may be considered in the R-IAA, R-IA a R1 zoning districts as a special exception subject to review as prescribed in Section 31-12 (1). 1. Comprehensive Planned U~t Development. (c) Add to Section 31-12 (General Provisions and Exceptions) Subdivision I, to read: . 1. Special Exceptions; definition; conditions governing application; procedure standards; findings require d. A. The City Council shall decide only such special exceptions as are specifically authorized by the terms of the zoning ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under the zoning ordinance; or to deny special exceptions when not in harmony with the purpose, intent, and rquirements of the zoning ordinance and this section. No special exception shall be granted until the application has been reviewed by the Planning Board and the City Council has received the recommendations of the Planning Board. The City Council shall hold a public hearing, after public notice of the subject matter has been .given, prior to granting any speciaL exce'ption. B. Any person, firm or corporation owning property within the City of Boynton Beach, Florida, desiring to obtain a special exception as ." ~ ~." . ~ o --....... .-J u o -") \ -.J o o 1 ! ...J o o -l I I --' v '. ;,. .... .i .. I .~ '< . prescribed and limited under the zoning ordinance of the City or amendments thereto shall proceed in the following manner, to wit: (1) Such person, firm or corporation shall file an application for a special exception with the City Clerk. Said application sha! be in a form substantially in accordance with the form pre- scribed by said Clerk, copies of which may be obtained from the Building Depar1ment of the City. The authority authorizing a person other than the owner to sign such application must be attached to and accompan;f. said application. A $25.00 fee is required for filing said application. . (2) The City Clerk shall refer the application to the Planning Board and shall provide for a public hearing before the City Commission in accordance with Section 7-19 of the City Code of Ordinances, such public hearing to occur not less than thirty, nor more than sixty days next following the date of any such application. (3) The City Planning Board shall make its recommendations to the City Council within thirty days of the date of any such application. The. recommendations of the Planning Board to the City Council shall advise the Council on whether or not in the majority opinion of the Planning Board the proposed comprehensive planned unit development contains adequate conditions and safeguards to protect the public interest and satisfies the several conditions to be considered by the City Council under subsection (d) of ~his Section of this Ordinance. C. A special exception is hereby defined as a use structure or structures that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood would promote the' public health, safety, welfare, morals, .order, comfort, convenience, prosperity or general welfare, such uses or structures are permitted in'such zoning districts as special exceptions is made in the zoning ordinance. D. A special exception shall not be granted by the City Council unless and until: (1) The City Council shall make findings that the granting of the special exception, with any appropriate conditions and safeguards that the City Council may deem necessary, will not adversely affect the public interest. (2) In reaching its conclusion and in making the findings required in (1) above, the City Council shall consider and weigh, among others, the following factors and standards, where applicable, and shall show in record such factors as were considered and the disposition made thereof. Further, the City Council shall find in the case of any of these factors and standards, where they may be relevant and applicable, that the purposes and requirements for granting the special exception have been met by the applicant; (a)- Ingress and egress to and throughout the property and the proposed structures thereon, if any, including such consider ations as automobile and pedestmn safety and convenience, traffic flow and control, and access in case of fire or catastrop Right of Way and paving width. . (b) Off-street parking and loading areas, where required, including consideration of relevant factors in (Il> preceding, and -2~ '....~r ~., .' · 1.,. " " . . I " . u . -'" I ~ G o .'"""\ I .-J o o J o Q 1 I I I I -..J \....I ./ the economic, noise, glare or odor effects of the location of such areas on adjacent and nearby properties and properties generally in the district; (c) Refuse and service areas, including consideration of relevant factors in (a) and (b) preceding; (d) Utilities, including such considerations ashook-in locations and availability and compatibility of utilities for the proposed use structure or. structures; (e) Screening and buffering, including considerations of such relevant factors as type, dimensions and character to preserve and improve compatibility and harmony of use and structures between the proposed special exception and the uses and structur of adjacent and nearby properties and properties generally in the distriCt; (f) Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district, and compatibility and harmony with other properties in the district; (g) Required yards, open spaces, recreation facilities; (h) Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district; (i) Density, size of plat, plot coverage, minimwn floor area, lot sizes. (j) General compatibility and harmony of the use and . structures under the proposed special exception with the uses an structures on adjacent and nearby properties and properties generally in the district; (k) Economic effects on adjacent andnearby properties and properties generally in the district of the grant of the special exception. . (1) The City Council will refer all items requireing professio review, i. e. (Engineering, legal) to the proper department prior to the granting of any special exception. E. In granting special exception, the City Council may suggest appropriate conditions and safeguards in conformity with the standards herein . set out in conformity with the zoning ordinance. The City Council may also prescribe a time limit within the action for which the special exception is granted should be begun or completed, or both. Section 2: Separability: Each of the provisions of this Ordinan.ce are separable, including word, clause,. phrase or sentence or sentences, and if any porJ:ion hereof shall be declared invalid, the' remaining portion shall not be affected but shall remain in full force and effect. -3- .. - ...:: ~<1:-"..... ~ . . . ,. ,....... It · II- ~. o '"" I ! ! .-J , '" u o J o u J o () -, I - I -' u Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 5: Effective Date:~ This ordinance shall become effectiv , in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. A. D. 1968. ATTEST: First reading this 30tlUay of ~ugust, A. D. 1968. Second. final reading and passage this I ~ day of .s~~ 1:-~~8'fV CITY OF BOYNTON BEACH, FLORID. By: A'rd1~//)'ty~/ Mayor/,~ ,. /'; k1 L 4/ '-->1/.." 0/ ~ / ~ -11' -:k.u/7A) tfiJ/~ "City Clerk Councl an ~:~?~~~ SEAL Councilman ,( I ftj Q -4- 4oJ~v~ ~-~~- -: I//c"....""s '7 50 f"..A(,,- '-/r c-rJ1r, \Co- I....~ ( ~/ " ~ ~. ~o:r- J __0 t V ~ ( \. ~ S-C j J / J-loJ. i ~>J.L IS rp.{v..J\(..Q~ V"'.t'icc- -tr, .::c'P~~c- r~., t1~JLJ!.Ep~-----5.lL~ ~ ()o .h <:''''. '~'vl _-=- - -dS 'OLe:- 3. C " r'c...lo-fe. C-<-Q. '-y p..., ~ (~ ( ~ hc..J,..... ~ 1--:- 'j) e c::-. 10 .~....~ (~. c ,,-.Ii~JY\ 7J.....rc:.. ? Ii- P. 'PI-{ I k4 l), \ . to . () K ~':. IL;--~ If <\ \~ (:><' \?\.( .t ~ d y~~ .t\'" -, ~ /0 -"i2~c- I '2 c.;* c~.-,:" SO ~ --pI/'. ~~:!;'~t2 : lj:"~ \ +"', \ eP~ ~ ~c. . {). n I ~(Y ._.__.-~----~------ .~----- ()o ~ 4.l'i __n~__~-\- -:); (' -~------- --~....~.._-----_.._------ ~.-------,-,.----'-_.._--" MEMORANDUM UTILITIES DEPT. NO. 96 - 344 M tt /" pt( ( f:~' ~~. TO: Tambri Heyden, Planning Director \ n ~ '/" 1--~~ John A. Guidry. Utilities Directo;l{~ 0'" j( VIr ; d October 30, 1996 FROM: DATE: SUBJECT: Boulevard Center - Application for land Use Amendment/Rezoning We have reviewed the subject application and can verify the following: 1) The utility data and impact assumptions made by the applicant appear to be reasonable, based upon the information provided. We would agree that the proposed development would have a lower daily demand for water and sewer services than a residential development allowed under the current land use, 2) We currently have 23.24 MGD of installed potable water treatment capacity, and 12 MGD of installed sanitary sewage treatment capacity. Our current usage and reservations are as follows: Potable Water Peak daily usage = Reserved capacity = Unreserved, unused capacity = 16.43 MGD 2.40 MGD 4.41 MGD Sanitary Sewage Average daily flow for peak year = Reserved capacity = Unreserved, unused capacity= 8.64 MGD 0.84 MGD 2.52 MGD I trust this memorandum meets your needs. Please refer any other questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM bc: Peter Mazzella xc: File C:IOFFICEIWPWlNIWPDDCSISEPOCT96IBLVDCTR.WPD ~- .~ @ ~- ~ '-~-'~" n i J \ OCT 3 0 \~~b U PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-559 TO: Pete Mazzella, Assistant to Director Tambri Heyden, '19-d Planning & Zoning Director FROM: 'ml ~ @ [~ D 'VI} U!..rnl 1,11, i';" -., ' . d ! UG I ? J 1996 i U I U BOYNTON BEACH UTILITIES DATE: October 22, 1996 SUBJECT: Boulevard Center Application for Land Use Amendment/Rezoning (LUAR 96-010) Accompanying this memorandum, please find information on the above- referenced application and use to conduct a review for utility impact and capacity. Please include in your response to this request specific data on current facility capacity, the impact of the proposed amendment upon existing capacity, and a confirmation that the utility data and impact assumptions within the application are accurate, A response at your earliest possible convenience is appreciated, If you have any questions, do not hesitate to contact Mike Rumpf at this office, Thank you, Attachments TJH:MR MR:BCTRUTIL DEPARTMENT OF DEVELOPMENT ENGINEERING DIVISION MEMORANDUM NO. 96-315 : ~ ~;~T ~ : : ~ ~ PlANNI~ ZONING TO: Mike Rumpf, Senior Planner _Hukill, P.E., City Engineer October 9, 1996 FROM: DATE: RE: BOULEVARD CENTER - TRAFFIC STUDY We have read the traffic study prepared by MTP Group, Inc. covering subject site. Although the arithmetic they have presented leads to the conclusion presented, we did not examine the validity of their introduction statements on page 1. The study seems to assume a median cut at the property inasmuch as a great deal of their traffic is depicted as exiting west. The long term viability of that median cut is questionable in that Boynton Beach Boulevard is a State road, and current median spacing does not comply with FDOT standards. Without any details it is not possible to fairly judge this proposal, but placing 40,000 sq, ft. of commercial development directly adjacent to eight Leisureville properties (and five other lots) might be a difficult proposal to support, particularly since the short side (200:1::) of the 200:1:: by 600:1:: lot is on the Boulevard. The final sentence of the applicants conclusion on page 12 is probably correct, as is the depiction of this proposal as "worst case". WVH/ck C:BL VDCTR PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-512 TO: Bill Hukill, Development Department Director Michael Rumpf, Senior Plannefe:..- FROM: DATE: October 5, 1996 SUBJECT: Boulevard Center Land Use Amendment/Rezoning (LUAR 96-010) Review of Traffic Analysis This office is processing a rezoning/land use amendment request for the above-referenced project, which is located on a 2.5 acre site on the south side of Boynton Beach Boulevard, approximately 400 feet west of the intersection with Old Boynton Road. Please review the accompanying traffic analysis and provide me with any comments by October 25, 1996. For your information, this analysis has been simultaneously sent to the Palm Beach County Engineering Department, Traffic Division for a review relative to conformance with the Palm Beach County traffic Performance Standards Ordinance, Should you have any questions, please contact me. Attachment MISCX:BCTFENG ~ hstponed meeting upsets quartet's fans By CHUCK McGINNESS Palm Beach Post Staff Writer BOYNTON BEACH - Resi- dents in Palm Beach Leisureville say it's bad enough they have another fight on their hands with a developer who wants to build shops near their homes, But even more annoying was the last-minute postponement of a public hearing on the issue Tues- day, causing about a dozen people to miss a community holiday con- cert. "We were upset because a lot of us could have been at the show," resident Richard Kerr said Wednesday. "When our barber- shop quartet performs, there's never an empty seat." Howard Scharlin and Michael Morton, owners of the proposed Boulevard Center plaza on Boyn- ton Beach Boulevard next to Lei- sureville, want to change the zon- ing on 2.5 acres from residential to commercial. Stores selling auto parts, furni- ture, bicycles and jewelry are al- lowed in neighborhood commer- cial districts. Also permitted are small grocery stores, ice cream shops and delicatessens. Twice before, residents per- suaded the city commission not to rezone the property - once for a fruit and vegetable stand and the other time for an office building. Last week, the planning and development board voted 6-0 against the latest request. Bradley Miller, the project's planner, sent a letter just before Tuesdav's commission meeting asking for a delay until Jan, 21 to meet with residents to see what type of development would be acceptable. '.. ' Please see ZONING/38 Developers familiar to residents ZONING From I 8 Though it is uncertain what businesses will go into the center, Miller said the building will be limited to one story. A 6-foot wall and lO-foot buffer will separate the center from homes. Leisureville residents also clashed with Scharlin and Morton on the rezoning of the unrelated Woolbright Place project. Tile de- velopers won that battle, receiving $8 million from the city for lost business opportunities at the 115- acre development near Interstate 95 and Woolbright Road. Kerr said he would like the property on Boynton Beach Bou- levard to remain vacant. Other residents would not mind some small shops, he said. City planners recommended Morton's proposal be denied be- cause it did not comply with the city's land-use plan. As an alternative, Planning Di- rector Tambri Heyden said the northern part of the site could be developed commercially if Morton combined it with a half-acre tract to the east of his property. The southern portion of Mor- ton's land could be used for homes, or the city could buy it for a neighborhood park, Heyden said. Resident Fred Meyer said ~raf- fie from new businesses will pose a danger to elderly people who walk for exercise in the area, I 7---- ~ - /~: 'r{; ~t~k~ ;:fYl ~v;"CJJ;"( ~~ ~Raz D (i/f). 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CJJ;;c- ~ d-G-c::, -& ~,*,& _ ~Q;:;'~~ c'- (' d~v~7~-(( .?/) .:;t?~(:- P.Z?cE r:v'fY~e F~I r~ -*- "2.' /' ( ) f D("d.L.. __5!!-Y'- "'<"" C It h f<:' G.~-".J +- C_S,,-( +i.c:r./"' f (\'-{,"- d * ?~4""~ M 6c-~<:..c..~ \Yle .'V\c;(<~ ~-( 1~. ( ~ C..... VI C\,C '"(----+ '.',,'- +- L'--f A "ff.s <!.. J.c,+< 'i "-J) -rt;",~ + ~"e.. ~ff (i c...L. f11w s'j (\~~{J. (') <."'-('1'\;' t+:-,<l ( r;; rr"l ~'Y"\")Y'le -f 6.- 1"\<? ,c- ( 1.'Vt"t '(.. ) 7 ~ / \ \ >-Q) L ~~C::- 'l wt c ~"L<~t J('. f (~<A<;' / td~"l,~~Q of .J.c-"~C~ ~'i1 rK .~ . ~ (~( ~~..,,~.4 \""'<"-. ~e~~'S c--,'t-",- 5,,,, fz. r""'''' i'.L~ ___%e:. -5 t=<-~ \1Yt", -t? 1oJ<:>-4,\""'- 10 \""~ ,^,c..~ q -\y 6- <=-"7 G/ f r ,-'ffz-.- (/~f c.L-~r a.,] ..rc-c.S) v( f~~:"----~<), (!:) "'--~._---_.,,-,_._._.._._-'" ,---'" .-- - U'Pd<~+nr K k',f., f -- c P l' ("'--\. ~ K T- /7. c 0~ ~<:::..,,~ ,"' /~ s C' ~'-- \\ \'0. I. . .~ ~~ ,~ ' / '7 ;h 'J' e<:c r; "\ ~ >"" }j - c~ ~ ~ P<( \ I t . 'I~ Pr V/_,;,/, \ /; ~~1' I. ,~ 7f-,~/p</, -(-;" <' '<-TP. \ ~~ ~~ <r .. JfJ~+Y1r f1.- h;~~ ( C="1' P (qJ~ ~ 'F- -f f;sc~q c<J"f (^ ,) I CcnY) VV"\c-,,-c- ~- 0-- /10 f o--,?- p~t,^(' (./1 { / f1 ~ <'s ee: ,4-'0'.;'l S - cfr' c. r:: 1/;'5 /~<7vt ,,'ni fc~,f's/ pc Ie ; 'S ~ p~,~n e .--,4/. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-454 FROM: Jim Cherof, City Attorney Michael Rumpf, Senior Planner (Y1Zr TO: DATE: August 22, 1995 SUBJECT: Preparation of Ordinances for: 2404 S. Federal Highway-Future Land Use Plan Amendment (LUAR #95-003) 2404 S. Federal Highway-Comprehensive Plan Text Amendment (CPTA 4t95-00l) Table #24 - Comprehensive Plan Text Amendment (CPTA #95-002) Attached please find for your assistance with preparation of the above-referenced ordinances, excerpts from respective applications and staff reports, necessary attachments, and required text for the ordinances pursuant to the Florida Department of Communi ty Affairs. Please prepare these ordinances in conjunction wi th our intention to request that first reading be scheduled for September 5, 1995. ~c: Joyce Costello, Administrative Assi~tant MISCl:95-30RDS.JIM ,3/ lit (~c /l. l (' or p<!v .CU '..; cD ;) t ~"'l0P / ~.,~ ~~~.;'~ { , ,-1 (, /(" { / 7 ; ~ } 'j'1(.'- ~J-- I "-;3 cf' (.-, '~ (!., ~ , I~ .-r- I'Vl",~ ~'& ~- , ., ,,. _........ . <; . t r~(....?'" ': c' ~ - ...---- f2t:- .s e ,,-<Ie t.. (~,>f I 0" J - ~ ;- ~l"'^ /,/' t _, :' r LV' ;, ?S (vj;" ,',?c i;.-C/"-' ;-'y .-, -' --r' p,'" .--ry j;')<..... ~ 1''1.. r<1~ () F- ..... l..-RC'C l2:: lA f- L p"':D') --'" 'fTC'.'2 -r;',..f h"'" .~L;f - ',.!y- .i.L' G- <S f,-{( =9 c - / A C:uV"- f' ,.,"'" < "c- f f",~.,~ \ ' - / 6"'.v U5"';' ; rY" ,p..,h",,'S CC~ _;-( ~ ). (1 {Q1'C: I 7.:::>' jrl- I yj'j 1)<<: I> (~<.C \ t:..( - _.-~ ..........-'"'<. ....---- ? ,,~J..,.r1.- JL V J4 .. fd) .~ IV (; ,... J r / 1t:f9'1 73C>YtJ ~ &.,< ,( lilvrll. 'J(c .::,":0 <7- ::~;'"~~ - a{i(k~S,u;f.Q;1 ~ /7{ A . .~ C~~/'. ,'~ .A'" "7'.L~>'"X>:n.L>'t7';f)f -, - ". 2~;- .... .... j:>,- hi""G-o/ '~~,., J./<. ue:. ~Y\'#c {'7(/ J970 MINUTES - REGULAR CITY COMMISSION MEETING W,YNTON BEACH, FLORIDA VJBLIC HEARING A. project Name: Agent: Owner: Location: Description: NOVEMBER 19, 1991 e Boynton Beach Boulevard Rezoning Kieran J. Kilday, Kilday & Associates Tradewinds"nevelopment Corp. South side of West Boynton Beach Blvd., approximately 300 feet east of Leisureville Blvd. LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT - Request to amend the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Office Commercial" and to rezone from RlAA/PUD (Single-Family Residential) to C-l (Office and Professional Commercial). ~x. Cutro said this is a request for rezoning a 2 acre parcel of land located on the south side of West Boynton Beach Boulevar4 about 300 feet east of Leisureville Boulevard. Staff recommends approval of this item based on a recommendation that was made to ~his Commission approximately 15 months ago in which rezoning of this property to C-2 was considered. The Planning and Zoning Board reviewed this at their meeting last Tuesday and recommended approval of the petition with the change in the language, the rezoning, and the text change, with the conditions that are ~ attached to the backup material. The major condition is that the property will be limited to 1,191 trips. The Planning and Zoning Board relieved the one story limitation: however, the maximum that can be built in that area is two stories. If approved by the Commission, it will be sent to the State for review. Kiernan Kilday stated the conditions for approval have been met. This Commission previously denied the request for C-2 zoning because they felt C-l was more suitable. He mentioned that a few neighbors were concerned about the site not having drainage, and as part of the TRB process, applicant will have to provide drainage on the property. Gary Lehnertz of 619 S. W. 2nd Avenue expressed reservations to this rezoning stating this area is surrounded by residential property and there is an excess of commercial property in the City. He said the Comprehensive Plan and Land Use Amendment indicate the City should refrain from rezoning residential land to commercial along Boynton Beach Boulevard and Old Boynton Road. He felt this property could be developed as residential property. Commissioner Aguila moved to deny this application for rezoning, land use amendment, and text change. Vice Mayor Harmening seconded the motion which carried 5-0. 8 e MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 BIDS None PUBLIC HEARINGS Description: Boynton Beach Blvd. Rezoning Kieran J. Kilday, Kilday & Assoc. Tradewinds Development Corp. South side of West Boynton Beach Blvd. east of Leisureville Blvd. LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT: Request to amend the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Local Retail Commercial" and to rezone from R-1AA/PUD (Single-Family Residential) to C-3 (Community Commercial) to permit a farmer's market and a drive-through dairy barn. (APPLICANT REQUESTS THIS BE CONTINUED UNTIL DECEMBER 4, 1990.) A. project Name: Agent: Owner: Location: Vice Mayor Wische remarked he had been flooded with letters and phone calls on this topic. At the July 17, 1990 City Commission meeting the applicant had requested continuance until the August 21, 1990 meeting. Now the applicant was requesting a further postponement until December 4, 1990. Vice Mayor Wische was opposed to further postponement and he made comments about anxiety this is causing the citizens in that area. He intended to make a motion that the Commission vote on the rezoning issue at this meeting. He thought the applicant should pull this off the Agenda and forget about it. Vice Mayor Wische moved to deny the applicant's request for another 3~ month continuance. Commissioner Weiner seconded the motion which carried 5-0. Mayor Moore asked if there was any input from the public on this item. He noted Vice Mayor Wische intended to make a motion to deny the application and dispose of the matter. Naomi Peter, 1102 Ocean Ave., Boynton Beach thought strict attention should be given to the unbiased decision of the Planning & Zoning Board not to rezone this property. In her opinion it would be suicidal to build an exit, entrance or establishment on the boulevard approximately 110 yards from 10th Court, due to the high speed of vehicles in that area. 2 .. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 21, 1990 Commercial dumpsters on the subject property would bring insects and rodents. She referred to drainage problems near the site. She stated the residents are against the rezoning of the property for commercial use and they want it to remain single family. Michael Morton, the applicant, stated they had decided to withdraw the farmer's market and dairy barn from con- sideration at this time. They would like to meet with the community adjacent to the property and determine alternative uses that would be agreeable to the residents and the deve- loper. Commissioner Olenik asked if it was still Mr. Morton's intent to provide for a rezoning from residential to local retail commercial. Mr. Morton thought based on the fact that the adjacent property to the east is commercial and the whole strip is commercial, the appropriate future use of the property should be commercial. If the dairy barn and far- mer's market were a problem to the residents, they were willing to withdraw that. He still wished to keep the application alive for a Comprehensive Plan change to commer- cial. He wished to meet with the neighbors and come up with a compatible use. Commissioner Olenik didn't think the residents' opposition was necessarily to the farmer's market/dairy barn concept as much as it was to the property being rezoned commercial, period. Mr. Morton indicated there were uses taking place in that community other than residential at the present time. He referred to a heavy equipment repair business which is located adjacent to his property. He made comments about the "complexion" of that neighborhood changing over the years and he thought the realistic use was commercial. He asked that the application remain alIve while he works with the community. If the community and developer cannot agree, he stated they would leave it as it is and find a way to develop it as 7 units per acre residential. Mayor Moore stated the way he interpreted the motion was that there was a request to lay this matter on the table with the proviso that there will be attempts to negotiate some type of amicable settlement between the property owners and the developer and with the-proviso that if this matter is brought up again by the developer, there will be a secon- dary public notice given to all people and a secondary public hearing held. Gary Lehnertz, 619 S.W. 2nd Ave., Boynton Beach spoke on behalf of the Lake Boynton Estate Homeowners Assoc. He 3 106 schJOIs to share $853,~ 1ZB By VIOLA GIENGER Palm Beach Post Staff Writer PALM BEACH GARDENS - In return for improving achievement, discipline and parent and student participation, 106 J;>>alm Beach County public schools will split about $853,000 this year to spend on equipment, staff training, Iield trips or other amenities, School District officials said Monday. The money is part of $10 million in state money for schools that meet certain criteria to earn a "merit school" or "school "' of distinction" label. Each district uses state guidelines to form its own criteria, although the state requires some improve- ments in test scores for merit school status, the highest rating. This is the last year for the program, which began in 1984. The Legislature didn't renew money for it because of the budget crunch and lingering objections to incentive programs such as merit pay for teachers, In Palm Beacb County, 92 schools improved their scores and met four other criteria last year status. They get ~ student this year. four of the goals t test scores or didn As schools of di $5.13 per student. Spanish River of the two largest will receive $25, Beach Lakes Higl was the only sch didn't take part ill Boynton planners reject project near LeisureviIle ( 4 By KIRK BROWN Palm Beach Post Staff Writer BOYNTON BEACH - Plan- ning and Zoning Board members Tefused Monday night to consider a proposal allowing commercial :businesses or up to 45 residences to be built east of the Leisurevllle 'retirement community, - ~ Instead, the board unanimously recommended that Tradewinds De- velopment Corp, pay $80,000 to improve a 3.5-acre park site the company has agreed to donate to the city. The proposed park is be- .tween the controversial Woolbright :Place project and a 2.5-acre parcel <that Tradewinds wants to develop :east of Leisureville, ::. City commissioners will consid- 'er the issue tonight, . According to the proposal :Tradewinds presented to board members, the company would build a center for abused children . and public meeting room on a half- <acre next to the park site if city ;.9fficials approve a zoning cluinge allowing commercial businesses on i' an adjacent 2 acres. _ If the zoning change is denied, Tradewinds wants the city to allow construction of 45 residential units on the 2,5 acres east of Leisure- ville. Tradewinds previously submit- ted plans to build a dairy store and farmers' market on 2 acres north of the park site. The plans sparked widespread opposition from Lei- sureville residents and a related rezoning request was denied. Also Monday, board members took the advice of City Attorney James Cherof and voted to require Tradewinds to build an access road on the U5-acre Woolbright Place project, . Tradewinds officials disagree that they must build the road, and company attorney Martin Perry- said he will ask a judge to resolve the dispute if commissioners ac- cept Cherot's opinion. Commissioners ended a five- .. year zoning dispute over Woot- bright Place by paying Tradewinds $8 million earlier this year. ... (4c/:~::;t~:"~::;~.:.,~ '." . .~..~...~.~ .~; ,'"AMI REPAIR' . MANA!-APAN'~ Weitz Compo Bea~h,Gardens works Mono :..':" T,~'.lio: ; "'.";' ' .' . IN BRIEF .: Cymbals managers charged with battery DELRAY BEACH - Two managers of Cymbals Lounge and Restaurant were arrested Saturday after they attacked two off-duty Delray Beach police officers at the bar, according to police reports. Bruce Sciocchetti, 35, of 12728. Military TraiL Deerfield BeaCh, : was charged with two count.; vI battery on a police officer after . pollee said he punched off-duty officers Johnny Ortiz, 21, and Edward Robinson, 29. .' Michael Grabow, 38, of 7131 N~W. Third Ave., Boca Raton, was : charged with battery. . . The fight began when Grabow approached a table where Robinson was sitting with other off-duty officers and asked a woman ~ at the table if she was all right, a poli~~ t'P.nnr+ ..~;d_____ . A It".,," !u"'[1u,nlY 't'l1'i4-\.. ~_' . -.--- . , Pa:Illi Beac] :.."'i\i~t,.:.r;.i~ gull' 'l'~~ ' .H"A-f.., , "i'_ ,. ~',:..~.,,,' . ,.~'.~."',,~,:: . By PETER WtiORISKEY PaIm.Beach Post Staff Wrtter WEST PALM BEACH - A Worth Avenue financier charged with bilking. 25 investors of more than $1 million in a casino scam ~ pleaded guilty Monday. Eli He!'!!!IDLLO"..k-~--- , _.----~- ~- \..-- __ ~~uE .-ud~o" ILJUD' .. L ... ___ J' . -' . .~) 'L- ,~ ) 0- " ;>-~ :: p.... .._ T '"': ' .,- i.- 0 . . __ r ~.~_ 0> .. ..,,~...:........;~~~' ""1 -\1 ~ l- ~ - ~ ,r. . ''.,v T l':t o ' , ',. '-' C4 ~ ~ '~h...... ;_'(. 1'$' ~I-~ ~I" .. ~. ~ '" . ~V I- ~ , _,.~ ~ ~. 1..,' ~1 11 ~~~ ""',&<,,::. ;.; "SJ...I~'-' ':.::::-~ ..,Lrc:,. L....- (\ I ~~ ;>.1"- ........'i..~p.'t.,~ \ · !~: i""'!~ $ ,j) ~ .j ,~. ~~ b,1;:: :.... ~ 'I' _.. ~~. f ,~ t.r,~ '- I ,-\1:: P. 1;~ .~. t...:.... ~ ..>-t".'" .< ,~\.J ~ ~\:: : ,~II . . .-'" '-'- ~, ,~ ." ~ I ....~. : ;1-4 ~c . " .,.. . "\,"'""" II : IT\\~' '; J,1, ~t..., .. . ..._j(<\y,' . 'V' ;:. '- ~ 1 . . . .""". ~ ..- <\.\. y. v .""'!\ '.~ .' '.' ~ ",' n;::' :::'__ ~ -: --:t:"..~ ~ ~~~ 'V'< 'C j . '"' . .. .. . ." ,-. ;..'" l..!7 T T \ ., ..... ~ Cl '" <::1;;; _: -;;".- ' .' , "'~~..:.:-:. ".:;:.:::~ ~ (J) ',- '\\~~!, ;p" . .__,.~ ~ . r~.r=, - ~ ;::\:: :::\ " /' '? ~'. ~:;.c..~ -. \:::- . m" -- II' '\,\~I' ;'.. __. ..."' , '- . _ i"- ,- ..:; . - . ''- ' ' , "- ." ,...... ~~,:.- . ..,' -"N~ . .~ ." - i e.; I \ I" 1-- , -' ..... ~~~~.? .;,... ,", . ~.., .,," ..f .. \".,,~.)~i!;~.:'~'I' _ . If>"; '. ~ ',~: · \\'.', .' -,,, '. '" .. "', " . . _ " . ~.._I"" \ rp\ \ . , ~. . . \ \ \. r ..:,-,. ,~El '\ ~ " ,-- ~ ~ i.--- .. t 'T\ ,"~ ="~1-95~ -~~ 'r-t ~' " / " . ~ " .' ----/-.._'-----~ /' - ...-- ~ G.g. Barwood Proiect {un~ncorporatedl Th~3 lS a 20 acre parcel which ~s belng developed tor townhouses wlth a maXlmum density of 6 dwell~ng units per acre. This property should be requ~red to annex when it becomes contiguous to the City. G.h. Commercial Property Adjacent to Lawrence Road (unincorporated) There are several small parcels along Lawrence Road in the unlncorporated area, several hundred feet south ot 22nd Avenue, WhlCh are zoned for commerc~al use or shown on the County's Future Land Use Plan as potential commercial. If these parcels are annexed lnto the City, the appropriate zonlng would be C-2 Neighborhood Commercial. The c~ty should oppose any additional commercial =oning along Lawrence Road ln order to rna~nta~n the residential character of this corridor, and Slnce adequate commercial property already exists along Military Tr311 and Congress Avenue. 6.1. West Boynton Subdivislon, North of Boynton Canal, and SubdiviSion Ad1acent to Tucks Road (un~ncorporatedl Th~s area cons~sts of older subdivisions which are developed for s~ngle famlly housing at densities of about 4.5 dwelling un~ts per acre. Annexatlon of these subdivislons on a lot-by-lot basis would be ~mpractical. However, it would be des~rable to annex the entire are3. by referendum or other legal means. Since septic tank pollution 15 3 prOblem in thlS area, the City should attempt to provide both water and serv~ce to these properties, and should consider placing these properties ~n a special assessment district, if annexed, or make a slmllar arrangement with Palm Beach County until such time as annexatlo occurs. Any annexation which does occur in this area should also include tne adjacent r~qht-of-way for Lawrence Road. 6.j. Southwest corner of N. conaress Ayenue and N.W. 22nd Avenue There is a 13.2 acre parcel at the southwest corner of N. Congress Avenue and N.W. 22nd Avenue which is currently within the catal~na Club planned unit development. This property ~s located at the ~ntersectlon of two thoroughfares and therefore satisfies the locational requlrement for retail commercial uses. Therefore, it is recommended that the 13nd use on th~s property be changed from High Density Residential to Local Reta~l Commercial. PL~JNING AREA 7--BOYNTON BEACH BOULEVARD CORRIDOR, BETWEEN INTERSTATe - AND LAWRENCE ROAD 7.a. Residential Parcels in Vic~nity of Old Bovnton Road and Boynton Beach BouleVard. Between Conaress Avenue and Interstate 95 Due to the increased traffic which will be drawn to the BOyuton Beach 93 I ~ -----_._---_._----_:.....:-=--._----=--_.::;:--~:~~-- -'" "'."'-' /) .~ 3.GZJ~" I{~. yr ( j-, /.lJ ~ l Mall, there will be pressure to rezone the parcels 'in this area from re5~dent~al to commercial use. Other than minor adJustments to the e^~sting zoning district boundaries, ~9mmercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach - 'SOulEvard. Extending commercial zoning along these~roughfares would cause ser~0US traff~c congestion and degrade the residential environmen' In the adjacent neighborhoods. In part~cular, commercial zon~ng should net be permitted on the residential lots and small parcels which lle along Old Boynton Road to the northwest of the Florida Fower and Llght substatlon, and should not be permi~ed on the 3.87-acre outparcel ly~n, along the east s~de of Palm Beach Leisureville. One addition te the -- 'commercl.al zonl.ng dis-cr~ct is CIesl.rable, Iiowever: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Fower and Llght co., at the northeast corner of Boynton Beacl Boulevard and Old Boynton Road be changed to Local Retail Commerclal, and the zoning changed to C-2 Neighborhood Commercial. The development of th~s parcel should be continent upon ~ts being combined with the vacated r~ght-of-way for Old Boynton Road, and the small triangular- shaped parcel at th~s intersection, and the rezoning of the comb~ned parcels to a planned commercial development. The northern 330 feet at the FPL property should be changed from Medium Density Residential land use and R-2 zon~ng to Low Density Residential land use and R-1A zon~ng. This land use/zoning change would prevent duplex dwellings from being placed 1mmed1ately next to a single-family neighborhood. The vacant ~t~arcel which 11es along the east side of Palm Beach Leisurevi:le st10uld be l~ml. ted to ...ei ther -S.1Jl~le-family residenffaruse;-with 'a --. ma:nmum density comparahl p to the acffac-entport'ion-'cf' :Le~surevllle. '-'_ to. a ~oW-intensitY-i.n.stitl.i.t.i..Q.ng,l_ use. ---.--.-.------ . 7.b. Pioneer Canal Park Addition Two platted lots have been added to the eastern side of Pioneer Canal Park, and are thus shown in the Recreational land use category. 31nCe governmental uses are permitted in the current R-1A zoning district, it W111 not be immed~ately necessary to rezone these lots to the Recreat:0r zonJ..ng district. 7.c. prooertv at Northeast Corner of Old Bovnton Road and Concrress Avenue Th~s l04-acre parcel is shown on the Future Land Use Plan as Moderate Dens~ty Residential (7.26 dwellings per acre). With the development 0f the BOy~ton Beach Hall directly to the west, and development of the 0ther two corners of this intersection for commerc~al use, there wlll bi 1ncreased pressure to develop this property for commercial use. Commercial land uses should not be permitted on this property since adequate commercially-zoned land already exists to accommodate eXlstlng and projected demand, and because commercial land uses would create an unacceptable impact on roads in the vicinity. Since there are few larg, ~ndustrial sites in the City, this is also a possible site for one or more major manufacturing plants. It would be preferable for th~s property to be developed as one or more planned zoning distr1cts, in 94 +kW ~ .5t/eft J~ ~ c/1J'J.;/4r ",( r( -f -fr"f'I<': IS );?o i ~i'~ l> .j. ~ 1"';" . _r~;~b ~ J/f,<6PO ;'0".500 \ ~y?5t:J ; elfft(. !:ft ()de ~- ~ -ft~~~ / ~ /3!~~,rJl!;~~ ~ 4 ~~ ..,. ~~~ ~ ~ t (! t{rtLrJ;; fiL-L/ /f:cr/ ~U'A-<-U ~ {' -( ,~~' ~ K //}u/'J;( /~ ~.z vI?u~ ~ ' v- - f .../ ~ I~/C tl~ huVv .M,J1L ~ . ~~. rT(!~/ p- -A-X ,~~ ~ ~J -/0 (!flw~ ~ tu-c~ ;fA ~.-;~ ~ -o/-f7;c~ 7L II k ~ 'I I ~', p.~ ~ "'~v~ Yo ~~ ~ J _ . 7fL~_ux-~J~ b~ --.--- ~ ~~.... h 'v G",<'~e (c...rr.:>>--.. r. G, (: ,f]: ~ '- .'. > ,f{ l ~ y ~~' pc- -h -(--rev.. <<-.-J ? ()c. (.~;,i -r- . . r, '7 (, 'J" ~ ~ ('Su ( C JC--f <:::..'1..0L .<,-'-C.~_\C /Kc cr--. --' , ~ .. ".'1::1> ;..;::'>'.r '.' ,,*,,' f1?."" '.. ','.I." ;~ ~:h<;: :;'l~\t... N . :~>~~ .j.;:., ~:' ~c~ .~~..;;<. ~.., :~.,::. :,,.-;.,. ,.,.,. . 1 4")(' ..t ' .: l~"~ f~~' ,~~'..' J( '~,!t.j?!~ : <'\~." -(1'l~"_ fI?'\'; t~,,' :.~~ ,'.r," ~,.:':~ '-' -;",":" , : . . ....~ -.tl -~~:~~'::,~,~. -". '<(- ~. -' ~..,;. ,. - ~ . .... .;~ "<'- -t ':"~" ~~ -<.. .;::." '.~' ," .~, --;I." "!" "'~ . ,. .....;...'-~ ,~~ . ------- .--.----. ...------ .---.-------- '. .""', ~ EXHIBIT "D" CONDITIONS OF APPROVAL c2{) ~<-r-".s R -(-rfA fYJ -:0. R.. , ?_,2~ A f!-( .-,4 .J<.. L 7)'; . ,k... 'i. '6''( 17 .J1'71< lj' 1.l.(tJ -=-= _ R ('t; i-4J ~ {( I tf f f~ frrion 1/15 ~-'((- II~e. - /Cf 'J... C. _ FreJJ tire-(' I / ~ ~1c/!e f1c/J'~f 6-( t,-<Jt5 fl,o-<-[f? b~ {c!-5.. r v~;c ( f r 1iz. ~.<J-1 j' k bc'~ 'i r f c /f (~,,~ ..r" ,/ /30 [) v ~c.:; - - ~/I( Vofe )?ac.J ~r ti; Yl{ €I fi<< - ~ 0cJ2 s h-y G-s ~ .<:;" F.. ~c- s /} ;;(t- P v~ (r C:'/~Jci{~ )71.-<:::( ~f-==-- -Uisc he. ~c: ~~-s A"f;v~ _ C;d.t!CJ7 - /YJ c: fr C'Y') (,J IS=- ~-e- - dJc 'Y r~t vc.s. f - ^ 7 rJ Gdk~./{ - 5 <'!C-<::-.......~ (; -- 0 ~ 7/-,2/' l-I-4A ~ ~:2 - 9 0'(, ~2 G(-30 ~ Ac.JrL ~ ;2cs C-,2 (Hi! #? 113 V, ,G f I ' ~ L. E"'j nlwl 0s~fie5- - ~~G-( ?-GfI) ?(r< C-( ;3;{.. c K-' ~ !.o -T's !c:J - (g / :5"<" * ~_I N 3~~ t..l~ fsc- .r-~v r(fc - C~td2s Fr<:;,fO ~ {'- {-ic:'S Ca <7 .. "(0 (D. 'P:, '3 ~ (, 't.> ft...,rc. eI (j, 4pf:; K I (-fA to R 3 t) j' ~o K 172s C~U~ :c; s:: ~c... , ..$ _ C;; -' 0c ~ Dv^ jJ~( V :< 34 ?6 C',L P- ~"I' 5 R gc~ ~ C-( _ L( / ,., t .}t l.- t ::~~: ::~::--:; I.o<:..r (2 ~ G, '(-(7- ( L(-7- ~ cr) 5~~ ..t:.i-k ?'-~~'~ f:r J.~f.y S E 5 10. Pl...-v ,JLc_ ~ Ccry.-r- luDs_ It' Jt i 6J- ~tt'~+- (30- yn ~ Pc"- /y n 8e~-=---h ic /s,c.- --re- l/ ~ '( r; c-..{ C~ rc.C.s p rcp ~ 1-/ C$ S;cc-~ ,( -.2 g (16 - ~ - G ?) c2 j/c"V',-cc(S ;k ;?3,c( 7r~c f' c;2 /. ..v~s ,.(i, C --< C: '1 - S / ( 1.2 - 3 - f, 1') f2 ( A A /0 R ...? "'9 - (y- ( ,,- ;2 -/, 9) F\--rc-cJ s. A -f{ (u ~ ~S _ -ft, .2 J ~{".e~ 7 - 7- &, 'l" - (~ ((, ;{ t; 9) s: r -~ ~l E~ c c P-HCY'f\. -). -h~ f- ,~. .... --, . J102kj /? _ ~ ~~J / /!LadA-{'~ ;r~ tP1-z - ... t{' 1 / PIt.\.!. .-t:{~ " ,i~7,-i21- ~J:::~f.' C.rd- i ;t-p' f ~lkA/;f 'i /;' . ^ ' ..- "'LZ;{ r LLZ.~. a. . ',-C4) .+-: V ( .f /UfJA.>L4:U I~'L-U<_ . tuJ~-;f t<-'U..-' .(~i;.~ W ~'n~) ~CA t<~ ~c-zt-4- .~ ~ /;Ii~ l~t~"~L-.t k<-<-fU:G,M/ 4IP~~ i<J!Ltf " 4 kL' ~Vl_--1!: ?L~LL~~FL' ~ Iff Uti!.- ~<--cr7A"f:~L42'~ '7~~"L-. 7~" L- //~ /. J- j;/ ?,p~~~ dP~~ ~~, 1-. 8-lp4 -~ 17 -" '-( / 'r -1 U ,.0. C/t-.Il, 3/17('-'i -1/7 t,' .&;1. b~ ~j - i/ff)(2, A;, (j rJ-61'lf . 1 ' / tI" V-h-w?/ ,-"(-;'/1 '.;(J...{p?-/t.. r:- (10 6~<:.r.. / ~.. . ({ P 2/' h. t.-~ (~V(~ J. (.- -- I ~ /"/6..9 -p. .),1 _ .~ ^-tf; (..lY.(~ ~- ~ 31 ;n;dA ryE ORDINANCE NO 69 - 16 --------------- ~ rn ~INANCE OF THE CITY OF . OYNTON BEACH, A, GRANTING A SPECIAL XCEPTION TO DEe , 7 f996 UCT COMPREHENSIVE P~ NNED UNIT )PMENT ON PARCEL LOC ED IN SECTION PlANNING AND vNSHIP 45 SOUTH, RANGE 3 EAS']f , MORE 7n&l~M~ARTICULA .' "..., AFTER PURSUANT , TO PROVISIONS OF ORDINANCE 68-19 OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. PREAMBLE WHEREAS, CALDOS PROPERTIES, INC. has heretofore filed an application with the City of Boynton Beach, Florida, for the purpose of obtaining approval for a certain comprehensive planned unit development within the municipal limits of said City, as more particularly set forth in said application, and plans and specifications relative thereto, including proposed development plan of additions to PALM BEACH LEISUREVILLE, dated May 1, 1969, all of which items are now on file in the office -of the City Manager of said City, on property more particularly described therein, which items are hereby made a part hereof, by reference, i said areas being generally described as follows: Bordered on the West by Congress Avenue; on South by S. W. 23rd Avenue (Golf Road); on the East by E-4 Canal; and on the North by Lateral 26. WHEREAS, the Planning Board of the City of Boynton Beach, Florida, has heretofore approved said development plan and specifications and has recommended favorable consideration thereof by the City Council, and WHEREAS, the City Council has thoroughly examined said proposed plat, plans and specifications relative thereto, and has received favorable recommendations and approval of said project from the City Manager. the City Engineer and the City Planning Consultant, and WHEREAS, it appears to the City Council that the approval of said proposed comprehensive planned unit development will be in the best interest of the City of Boynton Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1 : That a special exception is hereby granted to CALDOS PROPERTIES, INC., the owner of a certain tract of land more particularly described in items heretofore adopted by reference, for the purpose of proceeding with development of a comprehensive planned unit development in specific accordance with development plans and specifications t~erefore now on file in the office of the City Manager of the City of Boynton Beach, Florida. Except for the specific special exceptions hereby granted, the developer shall proceed in strict accordance with all ordinances of the City of Boynton Beach, including but not limited to its building, electrical and plumbing codes, subdivision, platting and zoning codes. Section 2: Separability: Each of the provisions of this Ordiance are separable, including word, clause, phrase or sentence or sentences, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected bu t shall remain in full force and effect. Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this 2.."~ th day of 5 v N G , A, D. 1969. Second, final reading and passage this nday of ~~ A. D. 1969. -2- ATTEST: ,) '~ --- ~ j-(( ,,' City Clerk CITY OF BOYNTON BEACH, FLORIDA! / " ~-<;;;o./ Councilman ~~~T:~~'~. Councilman " -3- ..........te....,......;: r " ~ -) ~--4} . ~ . "'~~4 .',:."" GEORGE 5. BIlOCKWAY, . . GEORGE R. BROCKWAY. . <- ROBtRT E. OWEN. . ., CH"RLES ".....OERSON.... OONALD .... SHtPHERO. " 1:. OON.ALD L- OSHA.. ~ I. ERNEST L. GREE:NE:. L.. P RONNIE M, DIXON, ~ ,. ARTHUR F' NEE""5. ~.IE SUIl4PTER H BARKER. ~ 1:. BR.OCKWAY, OWEN 8 ANDERSON ENGINEERS, INC.~ ENG IN EERS-PLAN N ERS POST OFFICE BOX 33~1 GUARANTY BUILDING WE5T P....LM BEACH, FLORIDA 33402 TELEPHONE 833-2535 May 20, 1969 CIV'L STRUCTURAL SANITARY ELECTR ICAL MECHANICAL LANO PLANNING MUNICIPI'L LANO SURVEYING SOIL MECHANICS S VAN HO......O'._ L... L..-wAtNCE A.MATHtS.It.LI. OAvtO M WHitt. It I I. The Honorable Vincent Gallo, Mayor City of Boynton Beach City Hall Boynton Beach, Florida 33435 Dear Mayor Gallo: In accordance with the motion passed at the Council meeting of May 19, 1969, we are furnishing you herewith in behalf of Caldos Properties, Inc. the Special Exceptions requested to the R -1AA zoning for the following: "The North One Half of Section 32, Township 45 South, Range 43 East, lying West of the Westerly Right of Way line of Equal- . izing Canal E-4 less Parcels A, a, C, D and E, as outlined above R-1AA with Special exceptions as provided in Ordinance 68-19 of the City of Boynton Beach, Florida, for the construction of single family dwellings, planned unit development under a condominium. concept. " Item Existing (R -lAA) Ordinance Minimwn Lot Area 7,500 square feet Special Exception Requested 3, 600 square feet *' Minimwn Lot Area 7,500 square feet 4, 400 square feet ** Minimwn Lot Width 70 feet 45 feet * ";'. Minimum Lot Width 70 feet 55 feet ** Rear Yard Set Back .. , e, 25 feet 5 feet Side Yard Set Back 7 -1/2 feet 5 feet (cont'd) ~"If ~ ...,,- . ~ ."""~.:;...f'___~~~1' " . s.. . . ....: 4" BROCKWAY, OWEN & ANDERSON ENGINEERS, INC. ENGI N EERS-PLAN N.ERS The Honorable Vincent Gallo, Mayor City of ~ton Beach May 20, 1969 Page 2 Item Existing (R -lAA) Ordinance Spe~ial Except. Request'd Mmimum Floor area 1,500 square feet 884 square feet * Number of Lots not to exceed 5% of total lots in the subdivision ** Number of Lots not to be less than 95% of total lots in the subdivision The following requested special exceptions apply to the two rows of lots along the ~orth side of S.'W.' 23rd 'Avenue from the proposed churcn 'site at'~ West to the Equalizing Canal E-4 to the East. A 20 foot wide marginal road shall be constructed along the North Right of Way line of S. W. 23rd Avenue. Item Existing R -1AA Ord. Proposed Spec. Except. Request Minimum Lot width 70 feet 75 feet Minimum Lot area 7, 500 square feet 6~750 SQUARE FEET ~ Front Yard Set Back 25 feet 25 feet Rear Yard Set Back 25 feet 10 feet Side Yard Set Back 7-1/2 feet 7-1/2 feet Minim um Floor area 1,500 sq. ft. 1,500 sq. ft. t... --. .._r.~.rt,p)' . We trust that this meets with your approval. Very truly yours, '. BROCKWA Y, OWEN & ANDERSON ~S'nORPORATED Enrico ROSS~ ER/ra . cc: Mr. Jorge Echarte cc: Mr. R. Earl Owen ~----: ~ ......' '.................~~....~......~ .. : ORDINANCE NO, 69 - 15 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 62-9 OF SAID CITY BY REZONING FIVE CERTAIN PARCELS LOCATED IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED HERE- AFTER; PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: The following parcels ape hereby rezoned and/ or zoned as follows:' PARCEL A: The South 605 feet of the North 951 feet of the East 700 feet of the West 750 feet of the Northwest 1/4 of Section 32, T45S, R43E, Palm Beach County, Florida, less the North 200 feet of the West 200 feet of said parcel, to be rezoned from Zone R1AA to Zone C1, PARCEL B: The South 200 feet of the North 546 feet of the East 200 feet of the West 250 feet of the Northwest 1/4 of Section 32, T45S, R43E, Palm Beach County, Florida, to be rezoned from Zone R1AA, to Zone Cl. PARCEL C: The South 200 feet of the North 240 feet of the East 700 feet of the West 750 feet of the Northwest 1/4 of Section 32, T45S, R43E, Palm," Beach County, Florida, to be rezoned from Zone R1AA to Zone R3. PARCEL D: The South 200 feet of the North 240 feet of the East 1860 feet of the West 2820 feet of the North 1/2 of Section 32, T45S, R43E, Palm Beach County, Florida, to be rezoned from Zone R1AA to Zone R3A, PARCEL E:' A conditional use to allow construction of a church building and related religious facilities is hereby authorized on the following described property: The East 460 feet of the West 510 feet of the North 380 feet of the South 421 feet of the Northeast 1/ 4 of Section 32, T45S, R43E, Palm Beach County, Florida. The Official Zoning Map of the City shall be amended accordingly. Section 2:: Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Repealing Provisions::: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This Ordinance shall become effective in the manner and at the same time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this 19th day of May, A, D., 1969. Second, final reading and passage this t.:'! day of J v o,J ~ ,1969. CITY OF BO~~J'ON BEACa, }'L9HI,DA /1 . :jhL~' '/ / q ~ 1'/ r '-i,/, . ' fi!~' /: ,- By: .c./..-ec..~ L. -- d:" I Ma' ATTEST: . . ~/' /) Z' /~ i:-r /", If C:.J.j._./~ ::- ( I;' _-I -(~ ' ., , it l' hi City Clerk /" Councilman ~ (S~,~ 7~ tf"-""~ CouncIlman SEAL ,I :i :1 ORDINANCE NO. 69 - I'" ---------------------~- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 62 - 9 OF SAID CITY BY REZONING CERTAIN PARCELS MORE PARTICULARLY DESCRIBED HEREINAFTER, LOCATED IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PA LM BEACH COUNTY, FLORIDA; PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTNE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the respective parcels, more particularly described in Schedule A attached hereto and hereby made a part hereof, be and the same are hereby rezoned as follows: PARCELS A, Band C: Rezoned from Zone R-1AA to Zone C-l. PARCELS D, E, F. and G: Rezoned from Zone R-1AA to Zone 3-A. The Official Zoning Map of the City shall be amended accordingly. Section 2: Separability: Each of the provisions of this Ordinance are separal;>le, including word, clause, phrase or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Effective Date: This ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this ~~ay of lfl ,A-r2.c.. \~ , A. D. 1969. Second, final reading and passage this '( ~day of ffiocz) L- , 1969, ATTEST: I) - --t'.. '.aCl/ City ClerK ~I / CORP, SEAL coun. eHman. ~ \ ~ ~~~ ~'-~~- ..\,,,~~ c._ \'-~ Cou cllman --l , . SCHEDULE A ------------- " .. Parcel A: A parcel of land in the Northwest Quarter (NW 1/4) of Section 29, Township 45 South, Rang.:; 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: FROM the Northwest Corner of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, run South 00 57' 29" East along the centerline of Congress Avenue and the West line of' said Section 29 a distance of 1315.77 feet to a point; thence, departing from said centerline, North 870 54' 06" East a distance of 50.. 01 feet to the Point of Beginning of the herein described Parcel of land; thence North 870 54' 06" East a distance of 200.00 feet to the Northeast corner of said parcel of land; thence South 00 57' 29" East a distance of 200.00 feet to the Southeast corner of said Parcel of Land; thence South 870 54' 06" West a distance of 174.50 feet to the beginning of a curve concave to the Northeast having a radius of 25 feet and a central angle of 910 08' 25"; thence Westerly, Northwesterly and Northerly, along the arc of said curve, a distance of 39. 77 feet to a point on the Easterly line of the 100 foot Right-of-Way of Congress Avenue; thence North 00 57' 29" West parallel to and 50 feet Easterly from, when measured at right angles to the West line of said Section 29, said West line being the centerline of said Congress Avenue, a distance of 174.50 feet to the Poi~t of Beginning: Contain- ing 0.915 Acres of land, more or less, and being subject to any and all Ease" ments and/or Rights of Way of Record. '. Request: R-lAA to C-l - to be used. for Gasoline Filling Station . . - 1 - Parcel B: , Lczal :.)~scription of a Parcel of wna 200' x 200' ct the Southeast Corner of Congre ss A vcnu~ and Str.te Ro~d $-804 in the City of Boynton Bc~ch, Flol4ida A parcel of lund in Section 29, Township 45 South, Ro.ngc 43 East, City ot Boynton l3cadl, Palm Desch County, Floridn. boU"'ld~d on the West by the Easterly Line of the 100 foot Rir;;lt of \'vuy of CO:lgrcss }. venue and en the North by the Southerly Line of the 106 fcot Rig~lt of \\DY of SUIte Road S-S04~ c:iS snme is recorded in Road. '. Plut Book 2, Pages 217 through 220, Public Records, Palm Beach County, .Florida.' oolng more particularly described as follows: . FROM THE North\...est corner of Section 29~ Township 45 South, Rnnge .. 43 Eust, City of Boynton Beach, Palm Bc~ch County, Florida, run South 0057'29" "'.'0 , East ( for convenience the \Vest Line of said Section 29 is ~ssumed to rear ~orth - .. 0057'29" West, 1n c.ccordance with the Plut of St.:ltc Road' 5-804, as recorded in Plat Book 2, pngcs 217 through 220. Public Records, Palm Beach Cou.'1ty. Flori~. and all other h~arings recited herein are relative tl1ereto ) a distance of 322.06 ft.""et to the lntcr~ct1on of tl'>.e Westerly line of said SeCtiOl1. 29 ( said West.erly lfn~ of Section 29 teing also the centerline of thelOO foot Right of Way of Congr~ss : ilvcnue) Vlitn the Southerly Right of Way line of scid State Road $-8041 : ~tnemc~. .':' " along s~id Southerly Right of Way Line. North 87054'06". East, a distsl1ce of 74..52 feet to ~ point of u:fngency of the Right of W~y.Return ll40nl the Easterly " ,. Right of \\'ay Line of stlid Congress 11venue nnd said Southerly Right of Way Line': . . J: , . of SUlte Read 5-804 and the Point of Beginning of tho herein described Parcel of :utnd ; thence clong tbe boundary of said P~rcel of land, North 87054'06" East' a distance of 175.49 feet to the Northeasterly corner of said P.arcel of Land; thence So~th 0057'29" East along the Easterly Line of said Parcel of Umd a __ _ ~istance of 200 feet to the Southe~sterly corner. ~f said Parcel of ~nd_Lt.heE~ 1_ _ Souttl 87054 '05" West, along 'th~ Southerly Line of seid parcel, a distance of ZOO. 00 fc~t to u point in the Ec.stcrly Right 01 Wuy Line of zuid Congl"csn A venue ~nd ttlC South.wes~crly corncrof tr~ herein described parcel of l::mo; ttwnce North 005'Z'29" v,,'cst along the said Easterly Right of Way Line of Congress Avenue and ,. . the Westerly Line of said Par~l of Lend D. distance of 175.49 feet to the ~gillliing of the aforesaid return,.3 curve 'conCAl'110 to the Southeast having a radius ~f 25 . feet ~nd Clcentr~l angl~ of 88051'35~' ; th~IlCC Northerly, Northe.ostcrly und~ost.. . ~ . . erly. alons the arc of said curve, n distancc of 33.77 feet to the Point of Eeginning,' CONTAINING 0.915 Acres of land. more or lcs~..' ar.d being $ubjc~tto .. :'" any and all Eastments and/or Rignts of Way of rcco~d.~' '. . -' Reques t: R-lAA to C-l - to be used for Gasoline Filling Station. - 2 - Parcel C: Description of a parcel of land in the Northwest Quarter (NW 1/4) of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm" Beach County, Florida, more particularly described as follows: From the Northwest Corner of Section 29," Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, a point on the centerline of the 100 foot Right-of-Way of Congress Avenue, run South 00 57' 29" East, along the West line of said Section 29 and said centerline of Congress Avenue a distance of 322.06 feet to its intersection with the souther- ly line of the 106 foot Right-of-Way of State Road S-804 as same is recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, . Florida; thence along said southerly line of the 106 foot Right of Way of State Road S-804, North 870 54' 06" East a distance of 250.02 feet to the Point of Beginning of the herein described Parcel of Land; thence continuing along the southerly Right-of-Way line of said State Road S-804 and the northerly line of said Parcel of Land North 870 54' 06" East a distance of 538.57 feet to the northeasterly corner of said Parcel of Land; thence departing from said Right- of-Way line South 00 57' 29" East along the Easterly line of said Parcel of Land a distance of 1193.70 feet to the southeasterly corner of said Parcel of Land; thence South 870 54' 06" West along the southerly line of said Parcel of Land a distance of 538.57 feet to a point; thence North 00 57' 29" West a distance of 200 feet. to a point; thence North 870 54 r 06" East a distance of 200 feet to a point on the easterly Right-of-Way line of the aforesaid Congress Avenue; thence along said Right-of-Way line, and the westerly line of said Parcel of Land, North 00 "57' 29" West a distance of 793. 69 feet to a point; thence departing from said Right-of-Way line and continuing on the boundary of said parcel of land North 870 54' 06" East a distance of 200.00 feet to a point; thence North 00 57' 29" W~st a distance of 200.00 feet to the Point of Beginning containing 13.970 Acres of land, more or less, and being subject to any ancl all Easements and/or Rights of Way of Record. ..._...~__..__~_ .~ ."__._'__" _._._ _" _~__ _ ,_4-' .,_.,_- __._. ___...... --____.~_-. _..... Request: R-1AA to C-l - to be used for a Shopping Center. - 3 - Parcel D: Description of 5.811 Acre Parcel of Land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, bounded on the North by Lake Worth Drainage District's Lateral Canal L- 24, on the East by Lake Worth Drainage District's Equalizing Canal E-4, on the South by the Northerly Right of Way line of State Road S-804 as same is recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida, and on the West by the Easterly Right of Way line of Congress A venue; said parcel of land being futher described as follows: FROM THE Northwest corner of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, run North .87043'39" East, along the Northerly Line of said Section 29, a distance of 50.01 feet to the intersection of said Northerly Line with the Easterly Line of Congress Avenue; thence South 0057'29" East along said Easterly line a distance of 76.02 feet to its intersection with the Southerly line of the Lake Worth Drainage District Lateral Canal, L- 24, the Northwest corner and Point of Beginning of the herein described parcel of land ; thence along the boundary' of said p1 rcel of land South 0057'29" East a distance of 114.67 f feet to the beginning of a curve concave to the Northeast having a radius of 25 feet and a central angle of 91008'25" ; thence Southerly, Southeasterly, . and Easterly, along the arc of said curve, a distance of 39. 77 feet to the. end of said curve ; thence along the Southerly line of the herein described parcel of land and the Northerly line of the aforesaid State Road S-804 North 87054'06" East a distance of 1749.19 feet to the Southeast corner of said . parcel of land and the intersection of the Northerly line of sai d State Road ::, ~.-804 withthe W~st_~~~y line of Lake Worth __d ____._.:.. __. Drainage District's Equalizing Canal E-4; thence along the easterly line of said parcel of land and the said Westerly Line of Canal E-4, North 20 OS' 54ft West a distance of 145.53 feet to the northeast corner of said parcel of land . and the intersection of said Westerly Line of Canal E-4 with the southerly line of the aforesaid canal L-24; thence along the northerly line of said parcel of ~ land and the southerly line of said Canal L-24, South 870 43' 39" West a distance of 1771. 92 feet to the Point of Beginning, co~taining 5.811 Acres of land, more or less, and being subject to any and all Easements and/or Rights.of-Way of record. Request: From R-1AA to R-3A - For the construction of two story multiple family residential dwellings consisting of apartments with approximately 16 units each. - 4 - Parcel E: --_..-~--- -: - A 2.872 Acre parcel of land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, bounded on the North by the North line of said Section 29; bounded on the South by State Road S-804 as same is recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida; bounded on the West by the Lake Worth Drainage District Equalizing Canal E-4 and more" particularly described as follows: FROM THE Northwest Corner of Section 29, Township 45 South, Range 53 East, City of Boynton Beach, Palm Beach County, Florida, run North 870 43' 39" East along the North line of said Section 29 a distance of 2060.41 feet to the Northwesterly corner and Point of Beginning of the herein described Parcel of land; thence along the Northerly Boundary of said Parcel of Land North 870 43' 39" East a distance of 596.44 feet to the North Quarter Corner of said Sect thence, continuing along said Northerly Boundary, North 880 02' 00" East a dis- tance of 329.46 feet to the Northeasterly corner of said Parcel of Land; thence South 1 0 12' 55" East, along the Easterly line of said Parcel of Land, a distance of 11. 99 feet to a point on the Northerly line of the 106.0 foot wide Right-of-Way of State Road S-804, recorded in Road Plat Book 2, Pages 217 through 220, Public Records, Palm Beach County, Florida; thence along said Right-of-Way and the Southerly Boundary of the herein described Parcel of Land, South 720 02' 36" West a distance of t'4. 31 feet to the beginning of a curve concave to the North- Northwest and having a radius "of 1857.08 feet; thence Southwesterly and Westerly along the arc of said curve a distance of 437. 50 feet which subtends a central angle of 130 29' 53" to the intersection of said curve with the Easterly Right- of-Way line of the aforesaid Canal E-4 and the Southwesterly corner of the . " herein described parcel of land; thence along the said Right-of-Way and the Westerly line of the herein described parcel of land North 20 05' 5411 West a . distance of 220.58 feet to the Point of-Beginning, CONTAINING 2.872 Acres of land, more or less, and being subject to any and all Easements and/or Rights of Way of record. Request: From R-1AA to R-3A - For the construction of two story multiple family residential dwellings consisting of apartments with approximately 16 units each. - 5 - Parcel F: Description of a parcel of land in Section 29, Township 45 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, bounded on the North by State Road S-804 and on the East by Lake ~orth Drainage Districts Equalizing Canal, E-4, and more particularly described as follows: From the Northwes~ Corner of Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, a point on the centerline of the 100 foot wide Right of Way of Congress Avenue, run South 00-571-29" East along said centerline and the West Line of said Section 29, a distance of 269.05 feet to its intersection with the centerline of the 106 feet to its intersecoion with the cen- terline of the 106 foot wide Right of Way of State Road S-804 as sarne is recorded in Road Plat Book 2, Page 217 through 220 Public Records, Palm Beach County, Florida, the point of said intersection being marked by a railroad spike in the pavement; thence along the. centerline of said State Road S-804 North 870-541-0611 East a distance of 788.59 feet to a point on said centerline; thence departing from said centerline on a course parallel to Congress Avenue and the West Line of said Section 29, South 00-571-2i" East a distance of 53.01 feet to a paint on the southerly Right of Way Line of said State Road 5-804, .the Northwest corner and Point of Beginning of the herein described parcel of land; thence alo~g siad southerly Right of Way Line and the Northerly line of the' herein d~s~ cribed parcel of land North 870-541-06" East a d:iJstance of 1083.20 feet to its intersection with the westerly line of the 150 foot wide Right of Way of the Lake Worth Drainag~ District Equalizing Canal E-4 and the Northeasterly corner of said parcel of land; thence along said westerly line of said Canal E-4and the Easterly line of said parcel of land, South 20-05'-54" East a distance of 1045.27 feet to an angle point in the boundary; thence continuing along said boundary; South 180-381-22" East a distance of 154.60 feet to the intersection of the Westerly line of said Canal - E-4 and the Westerly prolongation of the Northerly line of the sixty foot Right of Way of Ocean Drive as sarne appears " - 6 - on the Plat of First Section palm Beach Leisureville as same is recorded in Plat Book 28, Pages 196, 197 & 198, Public Records Palm Beach County, Florida, the point of said intersec- tion being the southeasterly corner of the herein described parcel of land; thence along said westerly prolongation of the Northerly line of the 60 foot wide Right of Way of Ocean Drive , ,and the, southerly line of said parcel of land, South 870-54'-06" West, a distance of 1151.03 feet to the south- westerly corner of said parcel of land; thence North 00-57'-29" West along the Westerly line of said parcel of land a distance of 1193.70 feet to the Point of Beginning, containi~g 3a.O,~8 Acres of Land,' more or less, and being subject to any and all Easements and/o,r Rights of Way of record. Request: From R-1AA to R-3A - For the construction of two story multiple family residential dwellings consisting of apartments with approximately 16 units each. Parcel G: A parcel of land in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County,' Florida, more particularly described as follows: FROM THE Southwesterly corner of Parcel "R" as same appears on the Plat of First Section Palm Beach Leisureville, recorded in Plat Book 28, Pages . 196, 197 and 198, Public Records, Palm Beach County, Florida, run South 180 39' 22" East (for convenience, the West line of Section 29, Township 45 South, Range 43 East, Palm Beach County, Florida is assumed to bear North 00 57' 29" West and all bearings recited herein are relative thereto) along the Easterly line of the ISO foot wide Right of Way of Lake Worth Drainage Dis- trict's Equalizing Canal E,-4 a distance of 31. 30 feet to its intersection with the centerline of the 60 foot wide Right-Of-Way of Ocean Drive as same appears on the above Plat; thence South 870 54' 06" West along the Westerly prolonga- tion of said centerline, a distance of 543. 79 feet to a point; thence South 20 OS' 54" East, a distance of 50.00 feet to the Northeasterly corner and the -' 7 - ------.--.-- ,"",--~- j r Point of Beginning of the herein described parcel of land; thence with the boundary of said parcel South 20 05' 54" East a distance of 124 feet to the South- easterly corner of said parcel; thence South 870 54' 06" West, along the Southerly' line of said parcel, a distance of 850.00 feet to the Southwesterly corner of said parcel; thence North 20 05' 54" East, along the Westerly line of said parcel, a distance of 124 feet to the Northwesterly corner of said parcel; thence North 870 54' 06" East, along the Northerly line of said parcel, a distance of 850.00 feet to the Point of Beginning; CONTAINING 2.412 Acres of Land, more or less, and being subject to any and all easements and/or Righ~saof"Way of rec~rd. Request: From R-1AA to R-3A - For the construction of two story multiple family residential dwellings consisting of apartments with approximately 16 units each. Applicant: Caldos Properties, Inc. (Palm Beach Leisurevi1le) Parcels A thru G \ \ L- """""""",""/.- ] .. ----- -------