CORRESPONDENCE
iI/ie City of
'Boynton f}3etUn
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PCannillfJ & ZonillfJ 1)'partrru:nt
100 'E. 'Boynton 'B,ar.n 'BouUvara
P.O. 'BO'l:,JlO
'Boynton 'B,ar.n. 'Jforida. 33425.0310
(407) 7.38.i490, 'J.VC: (407) 7.38.7459
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June 29, 1992
Mr. Kieran J. Kilday
Kilday & Associates
1551 Forum Place, Bldg. 100A
West Palm Beach, FL 33401
Dear Kieran:
This is to inform you that on June 16, 1992 the City
Commission approved your request to extend expiration dates of
the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD for one
year.
This means that the plats for these developments must be
approved by June 17, 1993. If you are in need of further
extensions, your request should be addressed to this office no
later than May 17, 1993.
I hope this letter is of some help to you. If you should
have any questians regarding this matter, please feel free to
call me.
Yours truly,
~~
Christopher Cutro
Planning & Zoning Director
CC/jm
Y1merica's gateway to tfie g~fjst!!:!1-m_
KlldIly & A_I_
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
1407) 689.5522 . Fax: (407) 689-2592
November 23, 1994
Ms. Tambri Heyden, Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Request for Time Extensions
PROJECTS: Tara Oaks P.U.D. (Ordinance 90-75)
Knuth P.C.D. (Ordinance 90-70)
Boynton Beach Boulevard P.C.D. (Ordinance 90-73)
Dear Ms. Heyden,
This letter will selVe as a formal request to have the City Commission of Boynton Beach
review the status of the above three (3) Planned Developments and to grant further time
extensions for their commencement of development. I have reviewed your Zoning Code
in an effort to determine the proper procedure for extending these project approvals. It
appears that the anly process available at this time is contained in Section 9, Article 13,
Time Limitation for Develooment of Prooertv. In fact, this section was the basis for a
similar review of the Capitol Professional Center PCD (located at the southeast comer
of Knuth Road and Old Boynton Road). In that case, the Commission, after determining
that the existing Planned Commercial Development zoning was the most appropriate
zoning for the property, granted an indefinite time extension. I have attached the staff
repart and time extension letter for your review.
~
All three (3) af the above referenced Planned Developments were approved on
December 18, 1990. Since that time, while there has been some activity conceming
each of the projectS, there has not been formal final development plan approval and/or
canstruction. The original eighteen (18) month time limit of the approvals would have
expired on June 18, 1992. However, on June 16, 1992, the City Commission approved
our request to extend the expiration dates of the three (3) planned developments for ane
(1) year until June 17, 1993 (see attached letter from Chris Cutro dated June 29, 1992).
No action or review has taken place since that time. Due to the down swing in the
economy, the property owners have been unable to successfully commence
development which, in this case, is recording of a plat of record for the first phase of
development. However, the property owners have worked continuously on all three
projects since the last extensian in an effort to commence development.
Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiratian of the time extensian on June 18, 1993, the properties have been
in a sort of limbo. If you recall, the two commercial properties were annexed into the
City of Baynton Beach at the same time that they were rezoned. Therefore, the Planned
Commercial Development Zoning District is the only zoning district that has ever been
assigned to them within the City of Baynton Beach. With regard to the Tara Oaks
property, the project was already an existing Planned Unit Development when it was
modified to its current master plan status. Therefore, assuming that the Planned
Development approvals have expired for all three projects, I have no idea what the actual
underlying zoning would be. I believe that is why the provisions of Sectian 9, Article 13
were provided in the Code. As in the case of the Capitol Professianal Center PCD, the
prajects clearly need to be revisited by the City Commission to determine whether the
existing zoning is the most appropriate zoning and, assuming that it is, formal action
shauld be taken regarding the extension of these approvals.
Needless to say, my clients are actively seeking extensions of these approvals. Despite
the econamic problems which prevented these projects from moving to the next step in
the development process, there has been activities undertaken throughout the entire
timeframe of the appravals to ready these projects for development. For the purpose of
yaur analysis regarding the status af these projects, I have prepared a summary of
activities for each project below. Additionally, I will be calling your office to set up a
meeting to review these projects with you and I will be prepared to be present at the time
of their consideration by the City Commission. At this time, I am not aware af any formal
application procedure. However, if there is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Development. This project received a rezoning
approval from P.U.D. - Planned Unit Development with a land use intensity of 4.0
to a P.U.D. - Planned Unit Development with a land use intensity of 5.0. This
project also received a land use amendment approval from Law Density
Residential to Medium Density Residential. Both of these ardinances were passed
on final reading by the City Commission on December 18, 1990.
As part of the rezoning and land use approval, the applicant entered into an
agreement with the Stonehaven Homeowner's Association which required the
applicant to commit to numerous conditions of approval including providing a
buffer wall on the project's north property line along with a twenty-five foot wide
landscape buffer and a 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. (copy attached.) This agreement is still active and binding.
Since the approval of the project the applicant has done the following:
1 . Pursuant to the approved master plan, the south portian of the property
was designated for utilization by a church. In fact, this property was sold
Ms. Tambri Heyden
November 23, 1994
Page 3
to the Church of Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached warranty deed). Therefore, the Planned Unit Development now
has two separate owners, the applicant and the church.
2. In order to develop this first phase for the church parcel, the applicant
requested an approval for road improvements for the Tara Oaks P.U.D.
This request was made by Rick Rossi af Rossi & Malavasi Engineers, Inc.
to construct a portion of Knuth Road at the south end of the Tara Oaks
P.U.D. to accommodate the pending purchase of the church parcel.
Subsequently, on June 2, 1992 the City Commission granted approval of
the partial Knuth Road improvements required by the Tara Oaks P.U.D.
(see attached letter dated June 12, 1992 from Chris Cutro). Also attached
is a letter from the Boynton City Engineer dated June 19, 1992 indicating
what additional work was required to obtain a land development permit for
the road construction. The applicant expended over $4,000.00 in
conjunctian with obtaining approval of these preliminary plans.
Additionally, the applicant has obtained the previous constructian plans
from the previous owner which will be modified in order to obtain final
permits. (It should also be noted that over $100,000.00 has been set aside
in an escrow account to guarantee canstruction of this portion of Knuth
Raad at such time as the church is ready to pull building permits for the
development of the site.)
3. The applicant has complied with the zoning condition of approval to
dedicate to the City of Boynton Beach twenty-five (25) feet for Knuth Raad
pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated
June 26, 1992).
4. The applicant has expended over $28,000.00 for the constructian of the
canal crossing at the intersection of Woolbright Road and Knuth Road.
Attached is correspondence conceming the canal crossing including:
a. A letter dated April 24, 1992 from the Department of Environmental
Resource Management indicating that no permit would be required
pursuant to the Palm Beach County Wetlands Protection Ordinance.
b. A letter from South Florida Water Management District granting a
permit exemption dated April 29, 1992. This letter indicates that the
South Florida Water Management District will not be analyzing the
surface water management system.
Ms. Tambri Heyden
November 23, 1994
Page 4
c. A letter dated May 8, 1992 issuing a permit far the culverting of
Knuth Road from the Florida Department of Environmental
Regulation.
d. A letter dated June 11, 1992 from the Lake Worth Drainage District
approving the permit for the Knuth Road/Woolbright Raad
intersection and culvert at the L-26 canal.
e. A letter from the Lake Warth Drainage District dated April 14, 1993
indicating final acceptance and final inspectian of the Knuth Road
culvert crossing.
f. A permit from the Palm Beach County Land Development Division
dated June 18, 1992 for Right-of-Way Construction indicating
approval to connect Knuth Road into the north right-of-way of
Woolbright Raad.
g. Three (3) letters from the City consultant, Gee & Jenson, dated
January 18, 1993, April 9, 1993 and May 4, 1993. These letters
reference City Commission approval for the extension of Knuth Road
to the Tara Oaks church site and correspondence regarding
construction plans that were prepared and submitted by Rossi &
Malavasi to the City for approval.
5. Received approval for an excavation and fill permit by the City Commission
on April 8, 1993 for the construction of Knuth Road (see attached minutes).
6. Cleared Knuth Road right-of-way pursuant to a clearing and grubbing
permit for $6,000.00.
7. Requested a minor amendment to the master plan to amend a condition
of approval regarding construction of Knuth Road from the Stonehaven
P.U.D. on the north to Woolbright Raad. This request was made on
June 15, 1992 and the petitioner paid a fee of $500.00 (see attached cash
receipt).
II. Knuth Road P .C.D. This project received annexation, Mure land use amendment
approval, from County Commercial High to Local Retail, rezoning from County AR
- Agricultural Residential to City P.C.D. - Planned Commercial Development and
an appraval for a text amendment to the City Land Use Element pertaining to
Ms. Tambri Heyden
November 23, 1994
Page 5
planning area 7, 7.J. As part of the rezoning and land use amendment approval,
this project was also the subject af an agreement with the Stonehaven P.U.D.
Homeowner's Association. This document is also attached for your reference.
Since the time extensian granted by the City Commission on June 16, 1992, the
property owner has done the following:
1. Received a master plan modification and site plan approval from the
Boynton Beach City Commission on June 2, 1992. This modification was
ta allow the replacement of a restaurant on a comer of this P.C.D. ta allaw
a convenience store with gasoline sales.
J
2. Obtained a minor amendment to the master plan to split the constructian
costs of the extension of Knuth Road from the Stonehaven P.U.D. entry
south to Waolbright Road. The applicant paid $500.00 for the request of
this madification.
III. Boynton Beach Boulevard P.C.D. This project received annexatian approval,
rezoning approval from County AR - Agricultural Residential to City P.C.D. -
Planned Commercial Development, a Comprehensive Land Use Plan amendment
from County Commercial High to City Commercial Local Retail, and a text
amendment to the City's Land Use Element deleting language indicating that this
property should be placed in a High Residential land use category. This project
also was the subject of an agreement with the residents of the Stonehaven P.U.D.
which abut the property to the west. Since the approval of the project, the
applicant has done the following:
1. As part of the original approval, the property owner agreed to comply with
a specific request from the Stonehaven P.U.D. Specifically, the remaval of
several large Australian Pines along the portion of the property which the
neigh bars considered to be a danger to adjacent property. Immediately
upon approval of this project, the property owner contracted with Arbor
Tree Services, Inc., wha removed said trees.
2. This project also was the subject of a request for a minor master plan
modification in an effort to split the construction costs of the proposed
Knuth Road extension. As previausly stated, the City Commission
approved a request for minor master plan modification for this project on
April 8, 1993 ta allow all three (3) Planned Developments to split the Knuth
Road link construction costs.
Ms. Tambri Heyden
November 23, 1994
Page 6
3. Received approval for an excavation and fill permit from the City
Cammission on November 16, 1993 (see attached letter dated November
23, 1993).
We have appreciated your working with us in the past. Recently, with the ecanomy
improving, the applicant has received significant interest in the develapment af all three
parcels. We are, therefore, optimistic that with the proper extensions, we can move
ahead in their development. In that regard, I am forwarding to you under separate cover
a request to finalize the impact fee credit agreement for the constructian of Knuth Road.
Please feel free to contact me if you have any questions.
Kieran J. Kilday
Sincerely,
cc: Bill Winchester
Michael Schraeder
AKJKljb{heyden.n 16
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Kilday & Associates
Landscape Architects / Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(3051 689.5522
June 24, 1988
RECEIVED
Mr. Carmen Annunziato, Director
Planning Department
City of Boynton Beach
JUN 29 1988
Jl'LANNI'~G DEPT.
... -
RE: Capitol Professional Center (Planned Commercial
Development at the Southeast Corner of Old Boynton
Road and Knuth Road)
Dear Carmen,
Regarding our discussion of several weeks ago, my office
is in the process of reactivating the Planned Commercial
Development known as Capitol Professional Center. The
future alignment of Knuth Road is a critical issue which
needs to be resolved prior to any review of revised
plans. A meeting was held with Mr. Bill Winchester
and Misters Herb and Andrew Brock during which we were
able to look at the proposed alignment recommended by
your City Council resolution.
We are all in agreement that the realignment of Knuth
Road, making a clean intersection opposite the Boynton
Beach Mall, is in everyone's best interest. I have
been authorized to write you this letter requesting
your help in achieving our common goals.
"
My clients, Misters Herb and Andrew Brock, are committed
to the construction of Knuth Road in its new alignment
along their easterly property line. Mr. Winchester
has committed to provide the right-of-way required for
this alignment which he now owns, subject to certain
conditions which can be discussed in up-coming meetings.
In reviewing the plans, it appears that there are two
other property owners (Mr. Mish and Dr. Rashetti) who
would be affected by the new proposed align~ment. We
intend to pursue the inclusion of these property owners
in some ultimate agreement. In the event that either
of the property owners does not wish to cooperate, the
City of Boynton Beach and/or Palm Beach County should
condemn of the right-of-way through their property.
Knuth Road appears to be heading in the direction of
completion from Boynton Beach Boulevard to Woolbright
Road. It is of critical importance that the ultimate
solution of the Knuth Road realignment result in the
,.
.
MR. ANNUNZIATO
JUNE24,l988
PAGE 2
acquisition and construction of all necessary right-of-way
between the canal north of Boynton Beach Boulevard and
Old Boynton Beach Boulevard. We do not have a definitive
cost figure for this construction at this time. In
the case of the Brocks, their impact fees should be
credited to this construction. In the case of Mr.
Winchester, he would request that consideration be given
for his right-of-way donation as a credit toward future
impact fees when his property does develop. However,
seeing that we do not have hard costs, we will need
to develop a formalized agreement down the road.
Palm Beach County would need to hold a formal public
hearing to specifically designate the alignment of Knuth
Road. I will be contacting you shortly to discuss how
this can be undertaken. By copy of this letter, I am
bringing Mr. Charles Walker, County Traffic Engineer,
up to date. We would request that a formal alignment
be determined by the County Engineer in order that proper
surveys can be made of all affected properties and
realistic cost estimate can then be developed for both
right-of-way acquisition and construction.
With regard to the Capitol Professional Center, my clients
do wish to reactivate this zoning petition, and the
City Council will need to approve any future time
extension on the previous approval. We anticipate that
the site will need to be redesigned and, as such, a
new site plan will need to be submitted for review by
the City.
I would like to arrange to meet with you to talk about
setting up a firm time schedule. I believe that the
ball will initially be in the County's Court for setting
a firm alignment of the road. Setting of the alignment
will probably require a formal request from the City
of Boynton Beach to Palm Beach County. Thank you for
your co-operation.
Sincerely,
cc: Bill Winchester
Herb & Andrew Brock
Charlie Walker
LAW OFPlCES
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NORTHBRIDGE CENT~E
SEVENTH FLOOR. SUITE ONE ... ..~._~_.~
515 NORTH FLAGLER DRIVE
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F MARTIN PERRY
TIMOTHY P. McCARTHY
G. STEVEN BRANNOCK
TELEPHONE 655.5955
AREA CODE 305
November 19, 1985
HAND DELIVERY
Mr. Carmen Annunziato
City of Boynton Beach
Planning Department
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re:
Applicant/Owner:
Project Name
Our File No.
Knuth Road Associates
Capitol Professional Center
756.01
Dear Mr. Annunziato:
This will confirm my request that this petition, which is
presently scheduled for this evening's City Council meeting,
be continued and/or postponed to the City Council meeting
scheduled for December 3, 1985.
As I indicated to you by telephone, it is my understanding
that Mayor Cassandra and Vice-Mayor Farrell will not be
present at. this evening's meeting due to the tie vote given
this project at the Planning and Zoning Board hearing last
week. My clients will feel much more comfortable knowing
that they will have a full council to hear this matter.
Please advise in the event it will be necessary for me to'
actually attend this meeting to present this request for
postponement.
Best wishes.
FMP:skf
CC: Mr. Herbert Brock
Mr. Andrew Brock
CITY of
BOYNTON BEACH
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120 H.E. 2nd AVENUE
P.O. BOX 310
BOYNTON BEACH. FLORIDA 33435-0310
(305) 734-8111
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OFFICE OF ~HE PLANNING DIRECTOR
Mr. Charles R. Walker, Jr., P.E.
Director, Traffic Division
P.O. Box 2429
Building 5-1170
P.I.A.
West Palm Beach, FL 33402
. Dear Mr. Walker:
September 17, 1985
RE: Knuth Road Associates - Annexation
and Land Use Element Amendment/Rezoning
request.
Enclosed are copies of a completed application form and a traffic
impact analysis for the above referenced annexation request. The
applicant proposes to develop this property for two 33,000 square.
foot professional/medical office buildings.
If you have any comments regarding this request, please do not hesitate
to contact me.
flat
Yours very truly,
CITY OF BOYNTON BEACH
~u~ato
Planning Director
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120 E. Boynton Beach
POBOX 310
Boynton Beach,
CITY of
BOYNTON BEACH
OFFICE OF THE PLANNING DIRECTOR
12 September, 1985
Ms. Jan Polson
Administrative Assistant
Perry and McCarthy, P.A.
Northbridge Center, Suite 1
515 North Flagler Drive
West Palm Beach, FL 33101
RE: Knuth Road Associates - Annex-
ation and Land Use Amendment/Rezoning
Request
Dear Ms. Polson:
Please be advised that the applications for the above referenced
requests have been forwarded to the City Clerks office to be ad-
vertised for public hearings at the November 12th meeting of the
Planning and Zoning Board and the November 19th meeting of the
City Council. Additional information may be required in regard to
the Master Plan document pending staff review. We will notify you
of any additional information that may be required to complete
the Master Plan submission.
If you have any questions concerning the above information, please
do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
f--I-ML
James J. Golden
Assistant City Planner
flat
LAW OFFICES
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SUITE 302 FLAGLER CENTER
501 SOUTH FLAGLER DRIVE
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F. MARTIN PERRY
TIMOTHY P. McCARTHY
KATHLEEN Z. McCARTHY
..JACK $. COX
G. STEVEN BRANNOCK
TELEPHONE 655-5955
AREA CODE 305
September 6,
1985
Hr. Jim Golden
Planning Department
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida
33425-0310
Re : Knu th Road
Dear Jim:
Enclosed please find information required for the
annexation and rezoning application for the Knuth
Road and Old Boynton Road site. As I understand
it, this completes the application. Please call
if you have any questions.
Jan Polson
A ministrative Assistant
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Enclosures
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BlI:IH! 01 ('ount;.' Commi".,icllh'r....
klll Spilli:l'i, ("h:linnan
IJorolhy \\ilkl'll. \'il"t' lhairtlL:11l
Pq~gv B. hall
lklllli, }\(It'hln
Bill B:liln
{(HIIlI) \dlllini\lr:llor
J ( ~ 1111 l '\ J 11, ) , 1 i : '
OepartmN1t of EnU1nf'rrl1'1g
:md PulJlil WCtrks
H. F. K(lhlert
County Engineer
May 1, 1984
Mr. William Winchester
9290 Nickels Blvd.
Boynton Beach, Florida 33436
SUBJECT: Agreement - Dedication of Right-of-Way
on Old Boynton Road
Dear Mr. Winchester:
On April 10, 1984, the Board of County Commissioners approved the
attached Resolution and Agreement dedicating right-of-way along Old
Boynton Road to Palm Beach County. Please have the attached
Right-of-Way Deed duly executed and the original document returned
to us.
Thank you for your consideration, and if you have any further
questions in this regard, please feel free to contact me.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
('JLC.'tJ.:.!.- Y) __ \ ~'!.:)~ "'$
Charles R. Walker, Jr., P.E.
Director, Traffic Division
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CRW:nd
Attachments:
Executed Resolution/Agreement
Right-of-Way Deed
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BOX 24?C!
WESl PALM BEACH, FLORI 1)1, ":~'1 ;::
i 30h) '131; ~f;on
RESOLUTION NO. R-84-459
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN THE COUNTY AND PROPERTY
OWNERS ALONG OLD BOYNTON ROAD.
ADOPTED
April 10, 1984
WHEREAS, at the Board of County Commissioners meeting of March 13, 1984,
the Board approved in concept a cooperative projeot between Palm Beach County
and the DeBartolo Corporation to construct Old Boynton Road to a five-lane
section including curb and gutter, between Knuth Road and Congress Avenue,
and
WHEREAS, the property owners along the south side of Old Boynton Road,
between Knuth Road and Congress Avenue have agreed to dedicate the necessary
right-of-way to Palm Beach County in exchange for said construction, and
WHEREAS, it is in the public interest to construct Old Boynton Road
between Knuth Road and Congress Avenue to a five-lane section, including curb
and gutter.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA; that the foregoing recitals are adopted in their
entirety and the Chairman and the Clerk of the Board of County Commissioners
are authorized to execute the attached agreement on behalf of Palm Beach
County.
The foregoing Resolution was offered by Commissioner Wilken, who
moved its adoption. The motion was seconded by Commissioner Koehler,
and upon being put to a vote, the vote was as follows:
-__. ,.,._ ..> ..< .'". _ -_. n.__ _.,_~_._ ~._.~...........~.~_'~ ... _. -_"._'_....v. ,~~___.. .' '...,.____._ __.._.,..._ __,_~_ ,._
.,
2
Ken Spillias
Dorothy Wilken
Peggy B. Evatt
Dennis P. Koehler
Bill Bailey
AYE
AYE
AYE
AYE
ABSENT
this
The Chairman thereupon declared the resolution duly passed and adopted
lOth day of
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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Attoi'ney
April ,1984.
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
John B. Dunkle, Clerk
By:
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D utyc1erk'
----,-,...__.--:~-"' ----~-,-~.,.,.,....,.,.,----_.--'---,
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AGREEMENT BETWEEN PROPERTY OWNERS ALONG
OLD BDYNTON ROAD IN PALM BEACH COUNTY
CONCERNING RIGHT-OF-WAY DEDICATION AND
IMPROVEMENTS TO OLD BOYNTON ROAD
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APR 10 1984
THIS AGREEMENT, entered into this
by
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and between PALM BEACH COUNTY, a pelitical subdivisien of the State 'Of
Flerida, hereinafter referred te as "COUNTY", and preperty owners along the
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seuth side 'Of Old Boynton Read, between Cengress Avenue and Javert
I;
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Street/Knu th Read, hereinafter referred to as "PROP8R'rY OWNI>HS".
WIT N E SSE T H:
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WHEREAS, Palm Beach Ceunty has entered into an agreement with the
DeBar tole Cerperation under Reselution Ne. R-81-1652, whereby the DeBartole
Cerporatien is required te censtruct certain turn lane imprevements to Old
Boynton Read, and Palm Beach County is required to obtain the right-ef-way
necessary for these improvements, and
WHI>REAS, it has been proposed by the Property Owners aleng the south
'I
side of Old Boynton Road, between Cengress Avenue and Javert Street/Knuth
Read, that it would be mutually beneficial to them and to the Ceunty if Old
Boynten Road were censtructed to an ultimate five-lane section in this area,
and
WHEHEAS, the Property Owners have propesed that they would dedicate
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1ft
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the necessary right-ef-way fer Old Beynten Road te the Ceunty at ne cost in
Ceunty's performance hereunder including
exchange fer^the constructien 'Of Old Boynten Road te a five-lane ultimate
s~ction in this area, and
WHEREAS, the DeBartelo Corpora tion has i.ndica ted a wi llinllness te
cooperate \o/i th Palm Beach Ceunty in accomplishing this i.mprovement by meeting
its original obligation in terms of constructien on Old Boynten Read with a
cash contribution tow rd this improvement, and
WHEH8AS, it is in the public interest given the traffic projectiens
in this ar..a to cens truc tOld Boyn ten Read te a fi ve lane see lion \o/i th cllrb,
and gutt.er between Cengress Avenue and Javert. Street./Knuth !load.
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3. PALM BEACH .cOUNTY .'lIRTHER AGREES that th.. fron Hng properties will I
* said DeBartolo "Entrance Road A" is at a point not le!,s than forty-five (45) I 1/1/)
east of the west boundary line of the property owned by Bill R. Winchester and;e;u;J
Elsie A; Winchester, his wife, along Old Boynton Road, (Winchester Property), i~.I(
and in no event shall the west line of said "Entrance Road A" be fewer than! .
fiv-e (5) feet east of the western most boundary of the said Winchester propertf'
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good and valuable consideration the parties hereto do covenant and agree as
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follows:
1. Property Owners will:
A. Dedicate to County at no cost the necessary property to
provid.. 40 feet' of right-of-way from the existing centerline of Old Boynton
Road. This will require the dedication of approximately an additional 20
The Deeds accomplishing
feet of.right-of-way across th.. fronting property. ^ This dedication should be
delivered by Proper&y Owners and recorded by County
executed and ~within 30 days of formal request by the County The
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incorporated herein by reference.
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2. Palm Beach County will: at no cost to Property Owners and after
recording the above-mentioned deeds:
A. Within the next 12 months from the date of execution of this
: ; Agreemen t. cons truc tOld Boynton Road from Congre66 Avenue to jus teas t of
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Javert Street/Knuth Road to a five lane section with curb and gutter.
B. Provide drop curbs to existing drive6 which provide aCcesS to
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the fronting properties.
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C. Coordinate with water and Sewer utilities so that lines will
be stubbed to the south side of Old Boynton Road 60 that it will not be
necessary to disturb any pavement to provide utilities to anticipated
,: development along the south side of Old Boynton Road.
D. Provide curb returns for a proposed roadway wh'ich will align
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wi th the DeBartolo "Entrance Road A" .and will insure that the centerline of*
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E. County will bear the cost of relocation of any pipeline
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facility b..longing to the Florida Gas Transmission Company, if any 6uch
relocation i~ required, within the 20 ft. which is being d~dicat~d by Florida
Gas Transmissions.
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not bd a~sessed or required to pay any sum for road improvements,
signalization, signing or otherwise with respect to Old Boynton Road between
Congress Avenue aod Javert Street/Knuth Road
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4. The foregoing terms and conditions and the rights, duties and
obligations created therein are subject to execution of an amendment to the
existing contract between DeBartolo Corporation and Palm Beach County which
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shall provide for the DeBartolo Corporation to make a cash contribution
toward the improvements contemplated by this agreement in lieu of
constructing the improvemeots required by said agreement between ~eBartolo
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Corporation and Palm Beach County, pursuant to Resolution No. R-81-1652. The
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foregoing terms and conditions and the rights, duties and obligations created
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thereby are additionally subject to execution by all Property Owners of the
deeds referred to in Paragraph 1A herein conveying the subject right-of-way
to Palm Beach County by way of dedication and at'no cost to the' County.
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5. The Property Owners hereby waive any an all claims for
other than performances by County of its obligations hereunder or*
compensationAthat they may have now, or at any time in the future, arising
out of the conveyance of the subject right-of-way required by this agreement.
This waiver shall extend to all successors, heirs and assigns of the Property
Ow s. Addi tonally, the Property Owners hereby release Palm Beach County
from any and all liability it may have to pay any money to ~aid property
as consideration
owners, its agents, employees, heirs, successors 'or assigns ~
other than as a result of County's default hereunder
said conveyance,Ait being expressly agreed that the consideration flowing to
County's performance of its obligations hereunder and
the Property Owners is^the increased access and value to their property
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caused by the improvements contemplated by the Agreement, and no additional
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I!. agre~ment between the parties hereto and any repre~entations not contained
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consideration is demanded by said property ownars, and further they agrue
thuy are not entitled to any additional compensation or consideration for
said conveyance.
6.
The foregoing terms and conditions constitute the entire
herein shall be null and void and have no force or effect.
This agreement
msy not be amended or modified' except by a written agreement executed by the
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~ as a result of its default hereunder,
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parti..s here to.
7. This Agreement may be executed in three (3) counterparts and each
counterpart should be considered a part of the entire agreement, and all
counterparts together shall be considered to be the ~hole agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be signed by their authorized representatives the day and year first ~ritten
above.
BY:
Bi Ray inchester
~a.~
Elsie A. Winchester
T. M. McPeake, Sr. Right-Of-Way Agent
FLORIDA GAS TRANSMISSIONS
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Ii THE BOARD OF COUNTY COMMIISSIONERS
1\ OF PALM BB-ACll COUN'rY, FLORIDA
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APR 1 0 1984
ATTE:ST:
JOHN B. DUNKLE, Clerk
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Daput Cl
(SEAL)
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APPROVED AS TO YORK
AND SUFFICIENCY
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Inter-Office Communication
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PALM BEACH COUNTY
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TO
Tim Lunney, Zoning Director
DATE Septent.=-.: 8, 1981
FROM Robert E. Bas eha rt, Executi ve Di rector FILE
Planning, Zoning and Building
RE Boynton Mall - County Commission Resolution # 78-1132
Commissioner Foster has referred the attached letter ~~at
he received from Jon Moyle, to us. The letter outlines
the provisions of a proposed agreement between the developer
of the proposed Boynton Mall and the Board of County
Commissioners, which would replace the original resolution
of approva 1. I know tha t you ha ve been i nvo 1 ved in ti",e
negotiations described in Jon's letter. It is my understanding
that once the agreement is executed the property in ~jestion
would be annexed into Boynton Beach.
Please advise me of the status of this matter. I pr~ume that
the County Attorney has addressed the requirements of the
law relative to whether a public hearing would be necessary
to execute the propos'ed agreement, si nce such would ~end
conditions attached to a Zoning approval.
RES: 1 v
cc: Commissioner Foster
SION'O&~ ~ .~~
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LAW OF"f"lCES
MOYLE, JONES & FLANIGAN, EA,
707 NORTH .LAGLE!=< DRIVE
POST OFFiCe BOX 3888
JON C. MOYLE
DANIEL H. JONE:S
JOM N l' "-LANIGAN
RICHARD W GRONE:A
MARTI'" V KATZ
E. CDLf: FITZGLRALD, m
THOMAS A. SHE:EHAN. m
R06ERT M. GROSS
"W"EST PALM Bl::.ACH, FLORIDA 33402
TElEPHONE (305) 659-7500
DELR",y BEACM or-FleE
SODQ EAST ATLANTIC AVENUE
DELRAY eeACH, '-LORIOA 33...
August 17, 1981
TELEPHONE: {305} 276"3294
HAND DELIVERED
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Mr. Frank Foster
Chairman
Board of County Commission
Palm Beach County
300 North Dixie Highway
West Palm Beach, Florida 33401
Re: Boynton Beach Regional Shopping Center -
Palm Beach County Commission Resolution
No. R-78-1.l32
Dear Commissioner Foster:
On September 12, 1978, the Board of County Commissioners
approved the petition of Homart-Boynton Associates, Inc. for a
special exception to allow a regional shopping center on real
prop~rty located on the west side of Congress Avenue and on the
nort~ side of Old Boynton Road in a CG-Commercial General District.
A coPy of the Resolution is attached to this letter for your
convenience.
The purpose of this letter is to outline an agreement
concerning modification of the roadway construction and improve-
ment conditions contained in the above Resolution. As you know,
this matter has been the subject of extensive negotiations with
members of your staff and all parties involved have agreed that
the proposal should be reduced to writing and presented to the
Board of County Commissioners for conceptual approval after which
an agreement would be drafted and executed. Accordingly, on
behalf of my clients, Homart-Boynton Associates, Inc. and The
Edward J. DeBartolo Corporation, the following is proposed:
1. In lieu of undertaking and completing the roadway
improvements described in Resolution No. R-78-1132, the sum of
$1,700,000.00 would be paid to Palm Beach County by The Edward J.
DeBartolo Corporation within 30 days of notification by Palm
Beach County. In addition, my clients would retain the responsi-
bility for the following roadway improvements (this includes
Mr. Frank Foster
August 17, 1981
Page Two
construction only and right-of-way and utility relocation, if
any, will be the responsibility of Palm Beach County) contained
in the Resolution which will be constructed in accordance with a
preliminary roadway improvement plan which will be prepared by
The Edward J. DeBartolo Corporation, approved by Palm Beach County,
and attached to the agreement:
(a)
The DeBartolo Corporation shall construct at
the intersection of New Boynton Road and Mall
Access Road B dual left turn lanes and right
turn lane north approach.
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"(bl The DeBartolo Corporation shall construct at
the intersection of Old Boynton Road and Mall
Access Road B:
a. Left turn lanes north and south approach.
b. Left turn lane west approach.
c. Right turn lane east approach.
(cl The DeBartolo Corporation shall construct at the
intersection of Old Boynton Road and Access Road
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a. Left turn lane west approach.
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b. Two-lane north approach.
c. Right turn lane east approach.
(In the Special Exception Resolution
described above, these roadway improve-
ments are numbered 6(a), 7 and 8.)
2. In consideration of the above cash payment and
retention of the described roadway improvement responsibility,
Palm Beach County will agree to:,
(a) Construct or cause to be constructed the
following roadway and traffic improvements:
1. Palm Beach County shall construct
Congress Avenue as a four-lane roadway
with median from Access Road E through
the intersection with New Boynton Road
(S.R. 804).
Mr. Frank Foster
August 17, 1981
Page Three
2. Palm Beach County shall construct at
the intersection of New Boynton Road
(S. R. 804) and Congress Avenue:
a. Dual left turns north and south
approach.
b. Right turn lane east approach.
3. Palm Beach County shall construct New
Boynton Road as a four-lane roadway
with median from Congress Avenue to
Access Road B.
4. Palm Beach County shall construct at
the intersection of New Boynton Road
and Mall Access Road B:
a. Left turn lane west approach.
b. Right turn lane east approach.
5. Palm Beach County shall construct at
the intersection of Old Boynton Road
and Congress Avenue:
a. Right turn lane east approach.
b. Left turn lane all approaches.
6. Palm beach County shall construct at
the intersection of Congress Avenue and
Access Roads E, D, and C:
a. Left turn lane south approach.
b. Right turn lane north approach.
c. Right and left turn lanes west
approach.
7. Palm Beach County shall construct at
the intersection of Old Boynton Road
and New Boynton Road:
a.
Right turn lane east approach.
b.
Left turn lane north approach.
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Mr. Frank Foster
August 17, 1981
Page Four
8. Palm Beach County shall install
signalization at the following inter-
sections with the initial phase of
construction:
a. Congress Avenue and Access Road D.
b. New Boynton Road and Access Road B.
c. Old Boynton Road and Access Road B.
d. Old Boynton Road and Congress Avenue.
e. Upgrade existing signal at New Boynton
Road and Congress Avenue.
9. Palm Beach County shall install
signalization when warranted, as
determined by the County Engineer, at
the following intersections:
a. Congress Avenue and Access Road C.
b. Congress Avenue and Access Road E.
c. Old Boynton Road and Access Road A.
(b) Take the necessary official action to relieve
Homart-Boynton Associates, Inc. and The Edward
J. DeBartolo Corporation of the responsibility
for the remaining conditions in the Resolution
involving roadway and traffic improvements.
(c) Adopt a consent resolution approving the
voluntary annexation of the shopping center
site including the easterly out parcels into
the City of Boynton Beach. Palm Beach County
will acquiese in certain modifications of the
shopping cen~er site plan as follows:
1. Due to the requirements of governmental
regulatory authorities, the water retention
areas have been substantially enlarged,
thus enlarging the actual site of the
center.
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Mr. Frank Foster
August 17, 1981
Page Five
2. The shopping center site has been slightly
increased to satisfy parking requirements.
3. The out parcels which are presently zoned
agricultural, will be rezoned by the City
of Boynton Beach to conunercia1.
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By approving the consent resolution for
annexation, Palm Beach County specifically
waives its right under Section 171.062(2),
Florida Statutes, to impose any additional
C;OE.C!.!tions ~n the shopping center or out
parceISund~ny county ordinance, i.e.
Palm Beach County Ordinance No. 81-6.
(el The $1,700,000.00 cash payment will be used
only for the acquisition of right-of-way and
construction of Congress Avenue between
Boynton Road and 22nd Avenue and both tche
construction of Congress Avenue and the'
remaining roadway and traffic improvements
for which Palm Beach County has assumed
responsibility will be completed prior to
the opening of the Boynton Mall regional
shopping center but in no event later than
18 months from receipt of the funds described
in paragraph 1., page 1 of this letter.
(d)
If you have any questions or comments concerning the
above outline, please call.
Sincerely,
~C.
~C. Moyle
JCM/sn
Enclosure
cc: Robert J. Schreiber, Esq.
Mr. David Curl
Mr. Herbert Kahlert
Charles Schoech, Esq.
James Vance, Esq.
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In. #truce Communication
~AL.M IIUCJot COUNTY
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COMMISSIONER NORMAN R. GREGORY
District No. 4
MR. H. F. KARLERT, P.E.
County Engineer
RESULTS OF MEETING WITH DEBARTOLO REPRESENTATIVES CONCERNING CONSTRUCTION
OF CONGRESS AVENUE AND ITS RELATION TO THE PROPOSED BOYNTON MALL
DATE
November 18, 1980
FROM
FILE
Page
1 of 2
RE
On Wednesday, November 12, 1980, the following persons met to discuss
the subject matter:
David Curl
Tom Marsicano
Jon Moyle
Robert Schreiber
E. J. DeBartolo Corporation
Greiner Engineering (representing DeBartolo Corp.)
Attorney-at-Law (representing DeBartolo Corp.)
E. J. DeBartolo Corporation
Palm Beach County:
Robert Basehart
Alan Kurtis, P.E.
George Solana, P.E.
Charles R. Walker, Jr., P.E. -
Director,.Planning, Building & Zoning
Director, Land Development
Assistant County Engineer
Director, Traffic Division
As part of Resolution No. R-78-1132 approving Zoning Petition No. 78-190,
the following condition was imposed as part of the developmental approval
of the proposed Boynton Mall:
"Petitioner shall construct Congress Avenue as a four-lane roadway
with median from Access Road "E" through the intersection with
New Boynton Road (SR:-804)."
Plans for the construction of Congress Avenue from Boynton Road through N. W. 22nd
Avenue are currently under preparation and that portion of Congress Avenue which
the developer is committed to construct is included in the~e plans.
DeBartolo's estimated share of the construction costs, or their portion of this
project, is $1.6 million. At this meeting, it waS proposed that DeBartolo pro-
vide these funds to Palm Beach County to meet their obligation concerning Congress
Avenue. These funds could then be used as a match against the State's $2 million
Economic Development Funds which have been committed to Palm Beach County to serve
the Motorola Corporation. The DeBartolo representatives indicated a willingness
to cooperate with the County following this concept. However, at this time they
do not have an approved site plan andIDUst come back to the County for a number
of revisions. There are also four large parcels between Congress Avenue and the
Mall site which are currently zoned agricultural. The developer wishes to address
these parcels and obtain appropriate zoning and developmental approvals concurrent
with obtaining his final developmental approvals for the Mall. He indicated that
when all these developmental approvals had been obtained so that there was no ques-
tion as to his ability to proceed with the development of the Mall and the adjacent
property, then at that time he would be willing to enter into negotiations concern-
ing providing funding toward Congress Avenue.
SIGN EO
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In f/btnc...... Communication
PALM BEACH COUNTY
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TO COMMISSIONER NORMAN R. GREGORY DATE November 18, 1980
District No. 4
FROM MR. H. F. KARLERT, P.E. FILE Page 2 of 2
County Engineer
RE RESULTS OF MEETING WITH DEBARTOLO REPRESENTATIVES CONCERNING CONSTI\UCIION
OF CONGRESS AVENUE AND ITS RELATION TO THE PROPOSED BOYNTON MALL
It is pointed out that when the developer applies for an amended site plan,
the Board of County Commissioners will have the opportunity to readdress the
conditions of approval and will have an opportunity to specifically address
the cash contribution of monie s toward the developer's obligation for the
construction of Congress Avenue in lieu of the condition as currently written.
The developer indicated that it was his intent at this time to proceed with
the Boynton Mall project.
HFK:CRW:eu
J;,OEY.~. Robert Basehart, Director
. . Planning, Building & Zoning
Mr. Alan Kurtis, P.E., Director
Land Development Division
Mr. George Solana, Assistant
County Engineer
Mr. Charles R. Walker, Jr., P.E.
Director, Traffic Division
cp(/~~
SIGNED
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RESOLUTION NO. R-78-1132
FESOLUTIml APPROVING ZONIHG PETITION
\::1I:REAS, the Board of County COIIlJi1issioners, as the govel'ning
body, pursuant to the authority vested in Chapter 163 and Chapter 125,
Florida Statutes, is authorized and empowered to consider petitions
relating to 2oning; and
WHEREAS, the notice and hearing requirements as provided for in
Chapter 402.5 of the PaIn Beach County Zoning Code Ordinance No. 73-2
have been satisfied; and
WHEREAS, Petition No~ 78-190 was presented to the Board of County
COlT'.J:\issioners of Fillm Beach County at its public hearj,ng conduc;l.c,c1 on
24 ;,ugus't 1978.
1lC"':, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY Cmn.HS-
SI01:ERS OF
PALl'; BEACH 90UNTY, FLORIDA,
clay of Auguzt, 1978
assembled in regular session
the 21tth
, that petition
::0. 78,190 the petition of HOMART-BOYNTON ASSOCIATES, INC. by Dick A.
Greco) Jr.)
Vice President, for Boynton Beach, Inc., J\gent, foY' ii srr:CI.'Il,
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a:CEPTIO,l 'TO [,LLO',; A REGIONAL SHOPPING CENTER INCLUDIlJG AN A\.JTO;10TIVE
~E:?-VIC: CEHTER, \-IASTE \'~ATER TREATl-lENT FACILITY AND FINANCIAL INSTITUTION
W!TH D~IVE-UP TELLER WINDOWS on a parcel ,of land in Section 19, Township
.5 'Sou-:?1, Rcnge 43 Eas't, being more particularly described as fol10\,s;
?e:;ir.ning at the SouthHest cornel" of Tract 38, as shO\m on the pli.lt of
Sec-::io!119, To,mship 45 South, Range 43 East, recorded in Plat Book 7,
~'2.ge 1,,; the:-.ce run North 0051' 51" l'lest' (assumed) along tne \'lest line
of ilnd ~-:s ~ortherly extension of said Tract 38, a distance of 1332.21
feet; cflorl,-"2 ren South 87058'21" I'lest, a distance of 20.0 feet; .thence
,'Ur1 1:01" th 0051' 51" Hest, a distance of 1191. 31 feet; thence run North
32005"2~" L."~t, a distance of 1800.0 feet; thence run South 0059'39"
, f I' 7" 96 fee-;- " tJ'l"nce ~un ]'low"Lh 8c,o 0" I 2'."
=--:;.;.st) C\ dl.:"';:..'.f,(.;Q 0..: ! i ~ .. '-_ J. .I. v;.;....
East, a dist2~ce
"f"~'~~"""'-'''~__
8', f th South OC5n'3Q"'" t d t
750. "'cet; ence run 0 _ ".ilS, 11 is ance of 90.01 feet;
"I~nce run South 88005'26" Viest, a distance of 855,73 feet; thenc2 run
>outh 113032'54" \'~est, a distance of 57.02 feet; thence run South 0059'39"
East, a distan~e of 529.99 feet; thence run South 46027'06" East, a distance
of 56.11 feet; thence run North 88005'25" East, a distance of 856.73
feet; thence run South 0059'39" East, a distance of 90.01 feet; thence
run So~th 88005'26" \']est, a distance of 855.73 feet; thence run SO\lth
~3032'54" \'~est, a distance of 57.02 feet; thence run South 0059'39" East,
a dis'ta!1ce of 529.99 feet; thence run South 46027'06" East, a distance
or 55.11 feet; thence run North 88005'26" East, a distance of 855.73
feet; the:1ce run South 0059'39" East, a distance of 90,01 feet; thence
run South 88005'26" West, a distance of 856.73 feet; thence run South
~3032'511" ':Iest, a distance of' 57.02 feet; thence run South 0059'39" East,
3. dista.nce of 231,G2 feet; thence run South 1404(,'19" Last, a distance
~f 207.00 feet; thence run South 0059'39" East, a distance of lSO.OO
;'eet; then::e run North 89046'34" \'.'est, a distance of 1689.:10 feet to
:he Point of Beginning. Said property located on the west side of Congress
'.venue (S. R. 807) and on the north side of Old Boynton Road in a CG-
:eneral Comr.,ercia1 Dist:.'ict, Has approved as amended per the petitioroer's
quest to D::LETE THE HASTE \oIATER TREATl'lENT FACILITY AND THE fINAnCIAl,>
r;STITijTIO>: \':ITH DRIVE-UP TELLER \HNDO'ilS subj eot to the following caneli ticns:
1. Petitioner shall construct Congress Avenue as a four-lane
I'oc.d',-iay "lith median from Access Road "E" through the inter-
section "lith NeVI Boyn'ton Road (S.R. 804).
2. Petitioner shall construct at the intersection of New Poynton
Po ad (S.R. 804) and Congress Avenue:
a. Dual left turns north and south approach.
b. Right turn lane east approach.
3. Petitioner shall construct at the intersection of Old Boynton
Road and l1ilitary Trail:
2.. Left turn lane north approach.
b. Left t~rn lane east approach.
c. Right turn lane south approach.
'I. Petitioner shall construct at the intersection of New Boynton
R02.d and Military T~ail:
a. Right turn lane south approach.
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", Petitioner shall construct New Boynton Road as a four-lane
road\.;'ay ~Ii thO median from Congress Avenue to Access Road "B".
G. Petitioner shall construct at the intersection of New Boynton
Road and l'~all Access Road "B":
a. Dual left turn lanes and right turn laLc north approach.
b. Left turn lane west approach.
c. Right turn lane east approach.'
7. Petitioner shall construct at the intercection of Old Boynton
Road and Access Road "B":
a. Left turn lanes north and south approach.
b. Left turn lane wect approach.
c. Right turn lane east approach.
8. Petitioner shall construct at the intersection of Old Boynton
Road and Access Road "A":
a. Left turn lane \-Iest approach.
b. Two-lane approach north approach.
c. Right turn lane cast approach.
9. Petitioner shall construct at the intersection of Old Boynton
Road and Congress Avenue:
a. Right turn lane east approach.
b. Left turn lane all approaches.
10. Petitioner shall construct at the intersection of COllgr'ess Aven\l('
and Access Roads "E", "D", and "C":
a. Left turn lane south approach.
b. Right turn lane north approach.
c. Right and left turn lanes west approach,
11. Petitioner shalt construct at the intersection of Old Boynton
Road and.Hew Boynton Road:
a. Right turn lane east approach.
b. Left turn lane north approach.
12. Petitioner shall install signalization at the following inter-
sections with the initial phase of construction:
2.. Congress Ave.nue and Access Road "D".
b. )lel-7 Boynton Eoael and Access Road "B".
c. Old Boynton P,oad and Access Roc.a "B".
Q, Old Boynton Road and Congress Avenue.
e. Upgrade existing signal at Hew Boynton Road and Congress
Avenue.
13. Petitioner shall install signalization when warranted, as
deteri71ined by the, County Engineer, at the follo\~ing intersections:
a. Congress Avenue and Access Road "C".
b. Cor.gress Avenue and Access Road "E".
c. Old Boynton Road and Access Roae "A".
1',
" .
','Ii thin ninety (90) days of. the Special Exception appr'oval,
petitioner shall convey to Palm Beach County:
a. Sixty (60) feet from the centerline for the ultimate
right-of-~7ay for Congress Avenu'~.
b. Forty (40) feet from the centerline for the ultimu'te
right-of-way for Old Boynton Road.
15. Petitioner shall construct at the intersection of 1-95 at
Boynton West Road:
a. Dual left turn lanes south approach.
16. The four (4) easterly out parcels shall be in unified dev-
elopment with the site of the subject Special E~ception'
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17.
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Pe'ti .tioner11' l,~ll provide ninety percent \ gO %) opaque
landscape s reening along the west property line, said
landscapino to be planted prior to any site work.
..'
18. Petitioner shall provide a five (5) foot limited access
easement along the west property line to limit access
to Javert Street,
19. Ho additional buildings than those shown on the Site Plan,
Exhibit No. 12, on file in the office of the Director,
Department of Planning, Zoning & Building, with particular
regard to the western portion of the subject site, shall
be allowed on the subject site without Public Hearing
reconsideration by the Palm Beach County Planning Commission
and Board of County Commission.
20. Petitioner shall dedicate twenty (20) feet for Javert Street
along the entire western boundary of this development,
provided said right-of-way is not needed for drainage or
internal site requirements as per the existing Zoning Code,
COY.'_r.Li ssioner
Hedlen
. moved for approval of the petition.
The motion was seconded by Commissioner
Lytal
, and upon being
~ut to a vote, the vote was as follows:
Peggy Evatt, Chairman
Bill Bailey, Vice Chairman
Lake Lytal
I-.'illiem l'ledlen
Dennis Koehler
Absent
Yes
Yes '
Yes
Absent
The foregoing resolution was declared duly pessed and adopted
this
12th
day of
September
, 1978, confirming action
of 24 August 1978.
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
JOHN B, DUNKLE, Clerk
By ~t\-~, ~ ~SJJu.,~,^", ~~:
(jDeputy UJerk \:j' '..'
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APPROVE AS TO FORM
F:iD LEGAL SUFFI CIENCY
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Co""ty Attorney
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