LEGAL APPROVAL
ORDINANCE NO. 096-~~
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AN ORDINANCE OF THE CITY COMMISSIO 0
THE CITY OF BOYNTON BEACH, FLOR DA, ~LANNiii(;ANU
REGARDING THE REZONING OF BOYNTON CO UN ;: ON/Ne DEPI
PCD: AMENDING ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO CHAPTER 2, SECTION 6.F.13 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
':
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WHEREAS, the City Commission of the City of" Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Land Design South, agent for Boynton Commons
Corporation, contract purchaser of the subject property, has
requested approval to modify the previously approved master
plan for the Boynton Commons Planned Commercial Development
(PCD). This 23-acre project, approved on November 21, 1995,
for 186,130 square feet of retail space, is located at the
southwest corner of Congress Avenue and Old Boynton Road and
the current land use, which would remain unaffected by this
rezoning is Local Retail Commercial; and
WHEREAS, pursuant to the City's Land Development
, Regulations (Chapter 2, Section 6.F.13), modifications to an
approved planned commercial development which would result in
an increase of ten (10) percent or more in measurable impacts
such as traffic created or water consumed, must be processed
through a new application for zoning to PCD; and
WHEREAS, the proposed changes would represent an increase
in water demand equivalent to approximately 12%;
WHEREAS, the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Rection 1: The following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
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I attached hereto and made a part hereof, be and the same is
,
I hereby designated PCD zoning, subject to conditions of the
Development Order, dated October 15, 1996, and attached
hereto.
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Sectinn 2:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 1:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 4:
This ordinance shall become effective
immediately upon signing.
FIRST READING this
J day of~.I!1G,,?
, 1996.
SECOND, FINAL READING and PASSAGE this
~e.s;;w~~, 1996.
/7 day of
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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'I Ci Clerk
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A parcel of land ly! -1 in sect:j.on 19 of townshir-45 south, range 43
east, said parcel b~_ng a portion of lots 39, 4 41, 43 and 44, of
the subdivision of section 19, township 45 south, range 43 east, as
recorded in plat book 7, page 19, of the public records of Palm
Beach County, Florida.
Said parcel being more fully described as follows:
Commencing at the southeast corner of section 19, township 45
south, range 43 east, thence with a bearing of south 87032'47"
west, along the south line of section 19, a distance of 60.00 feet
to a point on the west right-of-way line of Congress Avenue; thence
with a bearing of north OP22'43" west, along the west right-of-way
line of Congress Avenue, a distance of 300.00 feet to the point of
beginning; thence with a bearing of south 87032' 47" west, a
distance of 390.00 feet; thence south 68003'48" west, a distance of
273.33 feet; thence north 02027'13" west, a distance of 41.60 feet;
thence south 83016'46" west, a distance of 269.64 feet to a point
on Winchester Park Blvd.; thence with a curve to the right along
the east right-of-way line of Winchester Park Blvd., having a chord
bearing of north 08013'05" east, a radius of 2193.99 feet, a
central angle of 06059'36", and an arc length of 267.79 feet;
thence with a reverse curve to the left having a chord bearing of
north 05016'24" west, a radius of 2149.31 feet, a central angle of
12048'59", and an arc length of 480.78 feet to a point; thence
north 01006' 06" west, along the east right-of-way of Winchester
Park Blvd. 'a distance of 223.72 feet; thence north 44022'08" east,
a distance of 35.64 feet, to a point on the south right-of-way line
of Old Boynton Road; thence with a bearing of north 89050'22" east,
along the south right-of-way line of Old Boynton Road, a distance
of 763.72 feet; thence with a bearing of south 45046'11" east, a
distance of 34.98 feet to a point on the west right-of-way line of
Congress Avenue; thence with a bearing south 01022' 43" east, a
distance of 860.95 feet to the point of beginning.
AND - PflCc.eL ~
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the southeast corner of Section 19; thence north
01022'43" west, along the east line of said section 19, a distance
of 25.00 feet; thence south 87032'47" west, along a line lying
25.00 feet north of (as measured at right angles to) and parallel
to the south line of said section 19, a distance of 60.00 feet to
the point of beginning; said point also being a point on the west
right-of-way line of Congress Avenue; thence continue south
87032'47" west, along a line lying 25.00 feet north of (as measured
at right angles to) and parallel to the south line of said section
19, said line also being the north right-of-way line of the
L.W.D.D. lateral 24, as recorded in official records book 2370,
page 1595 and 1596, a distance of 510.31 feet; thence north
02027'13" west, a distance of 230.55 feet; thence north 68003'48"
east, a distance of 133.10 feet; thence north 87032'47" east, a
distance of 390.00 feet to a point on the west right-of-way line of
Congress Avenue; thence south 01022'43" east, along the west right-
of-way line of Congress Avenue, said line lying 60.00 feet west of
(as measured at right angles to) and parallel to the east line of
said section 19, a distance of 275.00 feet more or less to the
point of beginning.
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PARCEL 3
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A parcel of land 1) ,g in section 19, townshir-\5 south, range 43
east, Palm Beach County, Florida, said parcel ~eing a por~ion of
tracts 44, 40, and 39, of the plat of subdivis~on of sect~on 19,
township 45 south, range 43 east, as recorded in plat bo~k 7, pa~e
19 of the public records of Palm Beach County, Flor~da, sa~d
pa~cel being more particularly described as follows:
Commencing at the northeast corner of section 30, township 45
south, range 43 east; thence with a bearing of south 87057' 53" west
along the north line of section 30, a distance of 50.00 feet to a
point on the west right-of-way line of Congress Avenue; thence
continue along the aforementioned course extended a distance of
937.65 feet to a point on the east right-of-way line of the Mall
Road; thence with a curve to the right along the east right-of-way
line of the Mall Road with a chord bearing of north 00059'06" west,
a radius of 2193.99 feet, a central angle of 00039'01", and an arc
length of 25.01 feet to a point; thence with a bearing of north
87032'47" .eaat, along a line lying 25.00 feet north of and paral171
to the sou~h line of section 19, a distance of 285.00 feet, sa~d
point being the point of beginning; thence with a bearing of north
02027'13" west, a distance of 183.78 feet; thence north 68003'48"
east, a distance of 140.23 feet; thence south 02027'13" east, a
distance of 230.55 feet to a point on a line lying 25.00 feet north
of and parallel to the south line of section 19; thence with a
bearing of south 87032' 47" west, a distance of 132.20 feet along
the south line of section 19, more or less to the point of
beginning.
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A parcel of land lying in sections 19 and 30, township 45 south,
range 43 east, Palm Beach County, Florida, said parcel being a
portion of tracts 39, 40, and 44, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat
book. 7, page 19, ?f the public records of Palm Beach County,
Flor~da, and a port~on of lot "A" block 1, and a portion of lot "A"
block 2, of the subdivision of Palm Beach Farms Company Plat No.8,
as recorded in plat book 5, page 73, of the public records of Palm
Beach County, Florida, said lands being more particularly described
as follows:
Commencing at the southeast corner of said section 19; thence with
a bearing of south 87032'47" west, along the south line of section
19, a distance of 60.00 feet to the point of beginning, on the west
right-of-way line of Congress Avenue; thence with a bearing of
south 01022'40" east, a distance of 17.50 feet, to a point; thence
with a bearing of south 87032'47" west, along a line lying 17.50
feet south of and parallel with the north line of section 30, a
distance of 190.03 feet to a point; thence south 01022'40" east, a
distance of 42.50 feet to a point; thence south 87032'47" west
along a line lying 60.00 feet south of and parallel to the north
line of section 30, a distance of 450.89 feet to a point; thence
north 02027'13" west, a distance of 60.00 feet to the north line of
section 30; thence continue north 02"27'13" west, a distance of
25.00 feet to a point; thence with a bearing of north 87032' 47"
east, along a line lying 25.00 feet north and parallel to the south
l~ne of sec~ion 19, a distance of 642.52 feet to a point; thence
w~th a bear~ng of south 01022'40". east, a distance of 25.00 feet
more or less to the point of beginning
Total area Parcels 1 through 4 equals 22.885 acres.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 3.1996
Development Regulations, Signs
TABLED
14. Proposed Ordinance No. 096-62 RE: Amending Chapter 22 of the Land
Development Regulations, Streets and Sidewalks TABLED
15. Proposed Ordinance No. 096.63 RE: Amending Chapter 23 of the Land
Development Regulations, Parking Lots TABLED
B. Ordinances. 1st Reading:
1. Proposed Ordinance No. 096-64 RE: Rezoning/modification of Planned
Commercial Development (PCD) for Boynton Commons
Attorney Cherof read Proposed Ordinance No. 096-64 by title only.
Motion
Vice Mayor Jaskiewicz moved to approve as read. Commissioner Bradley seconded the
motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
2. Proposed Ordinance No. 096.65 RE: Approving BGI proposal to amend
the Development Order of the Quantum Corporate Park DRI (Development
of Regional Impact)
Attorney Cherof read Proposed Ordinance No. 096-65 by title only.
Attorney Cherof advised that there are a few points staff and the applicant need to bring
forth at this time. These points will be reflected in the Ordinance on second reading.
Jim Willard, representing Quantum Associates. questioned whether Mr. Cherof was able
to receive and modify the Ordinance to reflect the addition of the words research and
development into the land use.
Attorney Cherof advised that all changes will be reflected for second reading.
Mr. Willard advised that at the request of the purchaser, upon reviewing the master site
development plan for Quantum Park, they noticed a land use designation called Research
and Development. Since they will be doing research and development activities within
their project, rather than changing the land use designation to Office/Industrial, they would
like it to read Office/Industrial/Research and Development. Mr. Willard spoke with Jim
Schneider at the Treasure Coast Regional Planning Council and he has no objection and
understands that this will be a multiple land use category for this project. The applicant
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REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
this great experience.
August 20, 1996
Mayor Taylor expressed appreciation to the American Legion for their sponsorship of this
program. He is proud that we have intelligent young ladies looking to the future to make
sure our country continues to grow. He wished these young ladies continued success and
awarded them Certificates of Achievement from the City of Boynton Beach.
V. BIDS:
None
VI. PUBLIC HEARING:
Attorney Cherof administered the oath to all who would be testifying in the following cases:
1) Boynton Commons PCD-Rezoning; 2) Boynton Commons PCD-Parking Lot Variance;
and 3) Kepner Drive-Adandonment.
A.
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Land Design South
Boynton Commons Corporation
Southwest corner of Congress Avenue and Old Boynton
Road
REZONING: Request to amend the original PCD
master plan to increase the total square footage from
186,130 to 213,650 separate square footage from the
main building into a fourth, leased outparcel building,
replace the 5,000 square foot leased outparcel bank
building with an 8,000 square foot leased outparcel
video store, reduce the size of the leased outparcel
restaurant building from 7,500 square feet to 5,000
square feet, relocate the drugstore drive-through to the
north side of the outparcel building, add a driveway onto
Old Boynton Road, and delete a driveway on Congress
Avenue.
Joe Lelonek, of Land Design South, is the agent for the petitioner. He stated that many
of the items included in the back-up material were addressed and cleared up at the
Planning and Development Board meeting. He advised that he would address only the
items of concern:
. Comment #51 - The applicant does not have a problem with the concept of
this condition. However, he would prefer the following wording, "Add paver
accents to the concrete pedestrian walkways."
12
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
August 20, 1996
Mr. Lelonek explained that the applicant would like to use pavers, or some other type of
material, to accent the concrete walkways. The way the current condition reads, the paver
bricks would have to be used for the entire pedestrian walkways. The applicant is opposed
to that Mr. Lelonek offered the following example of what the applicant is willing to do:
Lay a 6' x 6' poured concrete slab with the accents separating those areas. Those accents
could be tile, bricks, or some other material.
Item #53 - This item refers to design features (sculpture, etc.) to the front of
the main building.
In speaking with Ms. Heyden, Mr. Lelonek agreed with the design intent, but feels this
comment needs clarification. The clarification should read, "design features within the
pedestrian areas along the main building on the south side". The applicant will clarify
these pedestrian-level accents and design features at site plan.
Item #56 - This item requests sculpting the lake edge for a softer water line.
This comment originated at the Planning and Development Board meeting. Mr. Lelonek
explained that there is a certain amount of earth work the applicant can do and still meet
the design criteria of the water retention on site. They cannot do a lot with sculping the
lake edge, but they can add plantings to create a softer edge to the lake. Mr. Lelonek
requested that this comment be deleted and reviewed at site plan review for sufficiency.
Vice Mayor Jaskiewicz said she was present at the Planning and Development Board
meeting when this item was discussed. She is concerned about this lake because of the
number of cars that have gone into the lake on Military Trail. She was hoping there would
be trees planted around the lake that would not obscure the view but prevent someone
from entering the retention pond.
Mr. Lelonek explained that as part of the 10' PCD buffer, the applicant is required to plant
trees 30' on center around the entire development In addition, there will be smaller
clusters of trees planted.
In response to Mayor Taylor's question, Mr. Lelonek stated that he is in agreement with all
other conditions.
Tambri Heyden, Planning and Zoning Director, said she and Mr. Lelonek spoke about the
three comments he mentioned. She has no objection to Mr. Lelonek's suggested change
to Comment #51.
With regard to Comment #53, Ms. Heyden explained that she wants a design feature that
is not in front of the building, but added to the pedestrian walkway. She would like that
design feature to be centrally located along the front of the main building. Mr. Lelonek had
13
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REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
August 20, 1996
no objection to that clarification.
Ms. Heyden proposed the following language change for Comment #56: "Sculpt the lake
edge for softer water line using landscaping." Mr. Lelonek had no objection, but further
clarified that he would keep the hard edge the actual earth line of the water. Ms. Heyden
was in agreement.
Ms. Heyden advised that this is a rezoning only because the master plan changes which
are proposed are substantial.
Vice Mayor Jaskiewicz asked when the applicant plans on commencing the project. Mr.
Lelonek explained that the applicant has submitted site plans for approval, and hopes to
have the application before the Planning and Development Board and City Commission
in October. They will pull the permits as soon as they have site plan approval, and then
begin construction.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Commissioner Tillman moved to approve Boynton Commons PCD, Land Design South,
southwest corner of Congress Avenue and Old Boynton Road with the necessary changes
from staff. Vice Mayor Jaskiewicz seconded the motion.
Commissioner Titcomb referred to the issue of paver bricks. He feels there may be a wide
gap between the intention of having paver bricks and the alternative of having all concrete
with the possibility of four paver bricks put into it in a diamond shape to indicate an
architectural detail. He questioned whether this is a cost issue or design issue.
Mr. Lelonek advised that there is a cost basis involved; however, through the site plan
process when these items are shown in detail, the Commissioners will have the ability to
look at this detail to see if the intent of the condition is being met.
Ms. Heyden said she will be looking at the site plan to make sure there are adequate paver
brick accents.
Attorney Cheraf clarified that the affect of the motion on Exhibit "En is that everything is
checked off as included except Comments 51, 53 and 56. In place of those comments,
at the end of the document in the section for "additional comments" we will add the three
comments as Revised Comment #51,53, and 56 as discussed by Ms. Heyden.
Mr. Lelonek pointed out that the Planning and Development Board's condition deleted
14
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REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
August 20, 1996
individual line items. He questioned whether those would be reflected as rejected or
approved. Ms. Heyden explained that if the Commission accepts Comments #57 through
61, the Planning and Development Board's comments are then reflected in the motion.
This includes the deletion of the comment to relocate Sports Authority. The Planning and
Development Board did not agree with that staff comment.
The motion carried 5-0.
B.
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Joe Lelonek, Land Design South
Bill Ray Winchester and Elsie A Winchester
Southwest corner of Old Boynton Road and Congress
Avenue
PARKING LOT VARIANCE - Request for a variance
from the Land Development Regulations, Chapter 23 -
Parking Lots, Article II, Section H.5 - Clearance at major
driveways, to reduce the required distance of the
interior access aisle to the driveway on Old Boynton
Road from 100 feet to 55 feet on the west side of the
two-way driveway.
Joe Lelonek. Land Desian South. said this variance is for an access aisle going out Old
Boynton Road. The applicant agrees with the conditions that were placed on the request.
Ms. Heyden had no comments to offer on this request.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Vice Mayor Jaskiewicz moved to approve the request for a variance from the Land
Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.5 - Clearance
at major driveways, to reduce the required distance of the interior access aisle to the
driveway on Old Boynton Road from 100 feet to 55 feet on the west side of the two-way
driveway as per staff comments which Mr. Lelonek agreed to. Commissioner Tillman
seconded the motion which carried unanimously.'
C.
Project Name:
Agent:
Owner:
Location:
Kepner Drive
John and Tammy Ragno
City of Boynton Beach
Northeast corner of Kepner Drive (a.k.a. SE 7th Street)
15
'l1ie City of
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P.O. 'Bo'(31O
'Boyntotl 'Buurt, rC0ruf4 33425.0310
City:Hall: (407) 375-6000
J'.I'lX: (407) 375-6090
August 21, 1996
Joe Lelonek
Land Design South
1280 N. Congress Ave., Suite 216
West Palm Beach, Florida 33409
Re: Boynton Commons PCD
File No: REZN 96-001
Location: Southwest corner of Congress Avenue and Old Boynton Road
Dear Mr. Lelonek,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request to amend the original Boynton Commons PCD master plan.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
J~'~~,l~,,-
Tambri J. Heyden
Planning and Zoning Director
TJH:dar
Enclosures
xc: Central File
c'develordbcr
5l.merica's <jateway to tlU (julfstream
_.__._._-----~---_.._...._~~-~-----
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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APPLICANT: Bovnton Commons PCD
APPLICANTS AGENT: Land Desian South, acent for Bovnton Commons Corooration,
Contract Purchaser
DATE OF HEARING BEFORE CITY COMMISSION: Auaust 20, 1996
TYPE OF RELIEF SOUGHT: Reauest to amend the oriainal Bovnton Commons PCD
master olan.
LOCATION OF PROPERTY: 23 acre oroiect located at the southwest corner of Conaress
Avenue and Old Bovnton Road
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2.
The Applioant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "E" with the notation "Included".
4.
The Appli~t's application for relief is hereby
1 GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
7.
Other:
.>Ee /!~(;)/~"n. tv;Jm&V7>
DATED:
t/zo/76
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City lerk
Boynton CommonsPCOlOeY.Ord
8110100
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EXHIBIT "E"
Conditions of Approval
Project name: Boynton Commons PCD
File number: REZN 96-001
Reference:Th@ olane consist of 4 sheets identified as 2nd Review. Re20r .
File # REZN 96-001 with a July 19. 1996 Plannina and Zoning Denartment dace
stamp markinq.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE , .
POLICE
Comments: NONE
DEVELOPMENT DIVISION
Comments:
1. Provide proof of unity of title and those (
requirements specified under Chap.2, Sec.
6F3,pg.2-53 and Sec.6F8, pg.2-S6.
2 . All plans submitted for specific permits shall
meet the City's code requirements at time of
application. These permits include, but are not
limited to the following; site lighting, paving, I
drainage, curbing, landscaping, irrigation and
traffic control devices. Permits required from
agencies such as the FDOT, PBC, SFWMD and any
other permitting agencies shall be included with
future permit requests.
3. County road entrance sign requires PBC approval I
and state road entrance sign requires FOOT
approval.
4. Show the locations of all temporary structures or
permanent structures having a temporary use. I
Provide a statement outlining the temporary use
and when they will be removed. Chap.3, Art. IV,
Sec.3R, pg. 3-5.
. . I
5. Provide a master stormwater management plan.
Chap.3, Art. IV, Sec.3T, pg.3-6.
6 . Provide copy of approved agreement with LWDD for /
use of drainage easements. Chap.5, Art.V, Sec.
1D6, pg.5-5.
7. Need SFWMD and LWDD acceptance prior to /
Engineering approval. Chap.6, Art. IV, Sec. SA,
pg.6-7.
8. Provide certification by developer's engineer /
that drainage plan complies with all city codes
and standards. Chap.6, Art . IV, Sec. SA, pg.6-7 and
Chap. 23, Art.IIF, pg.23-8.
I~
Page 2
Rezoning Application
Boynton Commons PCD
DEPARTMENTS INCLUDE REJECT
9. Minimum 15" pipe must be used on storm sewer. .j
Chap.6, Art. IV, Sec. SA, pg.6-7.
10. Parking lot section must conform to city code. J
Chap.6, Art. IV, Sec.10F, pg.6-12.
11. Provide details on sanitary sewer easements that j
are crossed by drainage swales. Chap.6, Art.V,
Sec.4B2b, pg.6-19.
12. Provide details for pavement, grates, pipes,
catch basins, etc. Chap.6, Art.V, Sec.4B2e, pg. j
6-20.
13. County and/or state permits required for /
construction in R.O.W. Chap.6, Art. VI I , Sec.4B,
pg. 6-24. . .
,
14. Surety requirements of Chap.7, pg. 7-1 must be J
met.
15. Not more than two free standing signs are .b"U 'rr1K1(fN1
allowed. Chap.21, Art. IV, Sec.3B, pg. 21-17. 'i-:1'"
16. Align access paths from sidewalks with H/C
accessible paths including stop bars and signs. V
Chap. 23, Art". I, Sec. IB5 , pg.23-1.
17. Parking lot dimensions, striping, aisles, stalls,
radi i , signs, landscaping, etc. must conform with j
city codes and standards. Chap.23, Art.II, pg.23-
6 .
18. Photometrics must be approved for both pedestrian
and parking lot lighting before permit can be /
issued. Chap. 23 , Art.IIA1a, pg. 23-6. I
19. Certify that light poles are in compliance with
Standard Building Code and withstand a 110 mph J
wind load. Chap. 23, Art. IIA1a, pg ..23 - 6 .
20. No trees shall be planted so as to interfere with
lighting fixtures. Chap. 23, Art. IIAb, pg. 23-7. I
21- Provide stop signs and stop bars in accordance ,
with the "Manual on Uniform Traffic Control j I
Devices" . Chap.23, Art. IIB2, pg.23-7.
22. Concrete curb must conform to city standards. /
Chap. 23, Art.IIE, pg.23-7.
23. Eliminate parking backing directly into major
north/south driveway which serves as a local
street. Chap.23, Art. II, Sec.12, pg.23-9. f~t ~~
Suggestion: As an alternate to elimination of
parking, eliminate connection to Old Boynton 'f8
Road. A second alternative would be to redesign
entire northwest corner of project, possibly
switching retention area with Major #5 and
Retail/Office.
24. Provide location and details of fire lanes. V
Chap. 23, Art.IIM, pg.23-9.
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Page 3
Rezoning Application
Boynton Commons PCD
DEPARTMENTS INCLUDE REJECT
25. Provide fire lane at Walgreens. Chap.23, Art. vi
IIM, pg.23-9.
26. Provide continuation of sidewalks through all V
driveways to mark pedestrian paths. Chap.23,
Art. I I , Sec.P, pg. 23-10.
27. Install WIIA-2 pedestrian signs at all crosswalk if
locations. MUTeD 3B-18, pg.3B-23.
28. Close off every other aisle opening to the north la-a ~
and south for a safer circulation pattern. The GC/ .
new areas should be landscaped and curbed.
29. Add stop signs and stop bars throughout the
development where there is a question of right-
of-way. Examples: At each side of Barnes/Noble (
for northbound traffic; in the center of the two
Walgreens drive-thru lanes; at both ends of the
two aisles between Video Avenue and Walgreens for
east and westbound traffic.
30. Use city approved road bumps within the major /<<t mmeJVl
driveway for speed control. 6()
31. To discourage vehicles parking or standing in the
fire lanes, stripe a six foot wide, cross-hatched vi
area parallel with the curbed sidewalks
encompassing the words "Fire Lane" (facing
oncoming traffic) .
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
32. Provide a tree management plan (statement) for V
the large existing Banyan trees.
33. The lake (detention area) shown on the plan shall .;
have a lake planting plan and management
document.
PLANNING AND ZONING
Comments:
34. Modify the site data to identify that nine (9) /
loading zones are required and provided. A truck
well counts as a loading zone.
35. Specify on the master plan drawings" the
dimension of the loading zones in compliance with /
the city standards. Also show and identify on
the master plan the location of the block wall"
required to screen the service areas at Video
Ave. and Sports Authority outparcel buildings.
/?
Page 4
Rezoning Application
Boynton Commons PCD
DEPARTMENTS INCLUDE REJECT
36. Show and label on the master plan the (10) foot
wide peripheral greenbelt that is required around
the perimeter of the PCD with the exception of
driveway openings and the 269.64 foot property
line located in the southwest portion of the site
that received approval of landscape appeal. The
only improvements allowed within the peripheral V
greenbelt area are landscaping and site
wall/buffer wall, where applicable omit the
dumpster enclosure from the greenbelt area along
the south property line.
37. Indicate in the site data found on the master
plan that there are five (5) single tenant J
outparcel buildings rather than s~ven (7) .
38. Indicate in the site data found on the master
plan that there are 836 interior parking spaces /
provided and modify the interior required
landscape computations accordingly.
39. Indicate on the master plan a length dimension
for handicapped and regular parking spaces. Also j
indicate the. width dimension of the handicapped
access aisle that is associated with a
handicapped parking space.
40. To reduce the possibility of someone defacing the
site walls it is recommended that the hedges be I
shown on the plans. along the Old Boynton Road
side of the site wall. It is further recommended
that where a site wall is required or proposed
that hedges or vines be planted on the side of
the wall that is closest to the property line.
41. To properly evaluate the impact the proposed Old
Boynton Road driveway will have on the subject
site. adjacent intersection at Congress Avenue
and the existing driveway leading to the site j
located on the north side of Old Boynton Road.
show on the master plan the lane configuration
within Old Boynton Road between Congress Avenue
and Winchester Park Boulevard. Also show the ,
location, width and lane configuration of the
existing ingress/egress driveway located on the
north side of.Old Boynton Road.
42. Modify the master plan to show the final
determination of the parking lot variance, file /
number PKLV 96-003. regarding the distance an on-
site access aisle is located from the right-of-
way line at the west major access aisle on Old
Boynton Road. also indicate with a note on the
master plan the file number (PKLV 96-003) and the
date the City Commission made the final
determination.
/8
Page 5
Memorandum No. 96-404
Boynton Commons - Rezoning
File No. REZN 96-001
DEPARTMENTS INCLUDE REJEC'1
43. Modify the site data to indicate the site area as
22.885 acres to match the acreage identified on
the survey attached to the submittal rather than /
the 23.03 acres referenced on the master plan.
Adjust all site data accordingly. i
44. Provide a copy of the city approved and executed j !
unified control documents.
45. Submit a comparison analysis as required by I
letter "h" on pages 4 and 5 of the rezoning
application.
46. Modify the master plan to reflect, ~he conditions r;/ft'mM
of approval regarding the county's evaluation of I~l
the traffic impact analysis that was submitted by
the applicant. 17/ I
47. It is recommended that the leased outparcel
building identified as Sports Authority be
relocated to the north side of the site and that
the space remaining after removing the leased ,
retail buiTding be replaced with the retention I
pond that is presently located in the northwest
corner of the subject site. It is further
recommended that, if a redesign of the site would
result in the omission of the driveway located on
Old Boynton Road that the removal of the driveway
not require an application for a master plan
modification.
48. It is recommended that a lighted fountain be
added to the retention pond and that the lake
plantings proposed for the pond be designed to I
allow optimum view of the fountain from the
public right-of-way and the on-site'vehicle use
area.
49. Submission of a rectified master plan showing
compliance with conditions of approval will be J
required to be submitted the Planning and Zoning
Department in triplicate prior to platting and
site plan approval of the project.
50. Add landscaped planters, pedestrian lighting and /
benches along the front of the main building,
major #6, the outbuildings along Congress Avenue,
major #5 and the row of retail/office space.
5l. Add paver bricks to the pedestrian walkways along /
the areas referenced in the previous comment.
52. Continue the perimeter landscape design shown on J
the site plan (berming, understory plantings and
palms) along both sides of the main east/west
access way.
, 0;1'
(
Page 6
Memorandum No. 96-404
Boynton Commons - Rezoning
File No. REZN 96-001
DEPARTMENTS INCLUDE REJECT
53. Add a design feature (sculpture, etc. ) to the
front of the main building to replace the -/
proposed deletion of the clock tower.
54. Add a wall along Winchester Boulevard screening
the Sports Authority truck well and other rear 1/
services areas facing this street.
55. Provide trees in all landscaped islands, not just J
terminal islands.
56. Sculpt the lake edge for a softer water line. ./'
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
57. Reword comment No. 15 to read that not more than /
two freestanding signs are allowed, however
project signage will be reviewed and approved
with the sign package submittal.
58. Reword comment No. 23 to read that to m~n~m~ze
parking backing directly into the major I
north/south-driveway off of Old Boynton Road,
either delete the driveway or flip the thirteen
(13) parking spaces west of Walgreens so these
spaces back into Walgreen's access aisle.
59. Delete comment No. 28.
60. Delete comment No. 30.
61, Delete the first sentence only of comment No. 46.
ADDITIONAL CITY COMMISSION CONDITIONS
62. To be determined.
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ADDITIONAL CONDITIONS FROM COMMISSION MEETING
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NOTICE OF ZONING CHANGE
CITY OF BOYNTON BEACH PUBLIC HEARING
I
PLANNING AND
ZONING DEPl
NOTICE IS HEREBY GIVEN that the Planning and Development Board of
THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING
at CITY HALL COMMISSION CHAMBERS, 100 east Boynton Beach Boulevard,
on Tuesday, August 13, 1996 at 7:00 P.M., to consider a request
submitted by Land Design South, agent for Boynton Commons Planned
Commercial Development (PCD) located at the southwest corner of
Congress Avenue and Old Boynton Road.
NATURE OF REOUEST:
Amendments to the previously approved Boynton Commons Planned
Commercial Development master plan for a shopping center which
generally include an increase in total project size from 186,130
square feet to 213,650 square feet, creation of a fourth leased
outparceljbuilding, substituting the 5,000 square foot leased
outparcel bank building with an 8,000 square foot leased outparcel
video store, reducing the size of the leased outparcel restaurant
building from 7,500 square feet to 5,000 square feet, relocation of
the drugstore drive-thru to the north side of one outparcel
building, the addition of a driveway on Old Boynton Road, the
deletion of a driveway on Congress Avenue, and relocation of the
retention area to the northwest corner of the site.
LEGAL DESCRIPTION:
Parcel 1
A parcel of land lying in section 19 of township 45 south, range 43
east, said parcel being a portion of lots 39, 40, 41, 43 and 44, of
the subdivision of section 19, township 45 south, range 43 east, as
recorded in plat book 7, page 19, of the public records of Palm
Beach County, Florida.
Said parcel being more fully described as follows:
Commencing at the southeast corner of section 19, township 45
south, range 43 east, thence with a bearing of south 87032'47"
west, along the south line of section 19, a distance of 60.00 feet
to a point on the west right-of-way line of Congress Avenue; thence
wi th a bearing of north 01022' 43" west, along the west right -of -way
line of Congress Avenue, a distance of 300.00 feet to the point of
beginning; thence with a bearing of south 87032'47" west, a
distance of 390.00 feet; thence south 68003'48" west, a distance of
273.33 feet; thence north 02027'13" west, a distance of 41.60 feet;
thence south 83016'46" west, a distance of 269.64 feet to a point
on Winchester Park Blvd.; thence with a curve to the right along
the east right-of-way line of Winchester Park Blvd., having a chord
bearing of north 08013'05" east, a radius of 2193.99 feet, a
central angle of 06059' 36", and an arc length of 267.79 feet;
thence with a reverse curve to the left having a chord bearing of
north 05016'24" west, a radius of 2149.31 feet, a central angle of
12048'59", and an arc length of 480.78 feet to a point; thence
north 01006'06" west, along the east right-of-way of Winchester
Park Blvd. ~ distance of 223.72 feet; thence north 44022'08" east,
a distance of 35.64 feet, to a point on the south right-of-way line
of Old Boynton Road; thence with a bearing of north 89050' 22" east,
along the south right-of-way line of Old Boynton Road, a distance
of 763.72 feet; thence with a bearing of south 45046'11" east, a
distance of 34.98 feet to a point on the west right-of-way line of
Congress Avenue; thence with a bearing south 01022'43" east, a
distance of 860.95 feet to the point of beginning.
Boynton Commons Corporation
Page 2
PARCEL 2
AND
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the southeast corner of Section 19; thence north
01022'43" west, along the east line of said section 19, a distance
of 25.00 feet; thence south 87032'47" west, along a line lying
25.00 feet north of (as measured at right angles to) and parallel
to the south line of said section 19, a distance of 60.00 feet to
the point of beginning; said point also being a point on the west
right-of-way line of Congress Avenue; thence continue south
87032'47" west, along a line lying 25.00 feet north of (as measured
at right angles to) and parallel to the south line of said section
19, said line also being the north right -of -way line of the
L.W.D.D. lateral 24, as recorded in official records book 2370,
page 1595 and 1596, a distance of 510.31 feet; thence north
02027'13" west, a distance of 230.55 feet; thence north 68003'48"
east, a distance of 133.10 feet; thence north 87032'47" east, a
distance of 390.00 feet to a point on the west right-of-way line of
Congress Avenue; thence south 01022' 43" east, along the west right-
of-way line of Congress Avenue, said line lying 60.00 feet west of
(as measured at right angles to) and parallel to the east line of
said section 19, a distance of 275.00 feet more or less to the
point of beginning.
PARCEL 3
AND
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the northeast corner of section 30, township 45
south, range 43 east; thence with a bearing of south 87057'53" west
along the north line of section 30, a distance of 50.00 feet to a
point on the west right-of-way line of Congress Avenue; thence
continue along the aforementioned course extended a distance of
937.65 feet to a point on the east right-of-way line of the Mall
Road; thence with a curve to the right along the east right-of-way
line of the Mall Road with a chord bearing of north 00059'06" west,
a radius of 2193.99 feet, a central angle of 00039'01", and an arc
length of 25.01 feet to a point; thence with a bearing of north
87032'47" .east, along a line lying 25.00 feet north of and parallel
to the sou~h line of section 19, a distance of 285.00 feet, said
point being the point of beginning; thence with a bearing of north
02027'13" west, a distance of 183.78 feet; thence north 68003'48"
east, a distance of 140.23 feet; thence south 02027'13" east, a
distance of 230.55 feet to a point on a line lying 25.00 feet north
of and parallel to the south line of section 19; thence with a
bearing of south 87032'47" west, a distance of 132.20 feet along
the south line of section 19, more or less to the point of
beginning.
Boynton Commons Corporation
Page 3
PARCEL 4
AND
A parcel of land lying in sections 19 and 30, township 45 south,
range 43 east, Palm Beach County, Florida, said parcel being a
portion of tracts 39, 40, and 44, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat
book 7, page 19, of the public records of Palm Beach County,
Florida, and a portion of lot "A" block 1, and a portion of lot "A"
block 2, of the subdivision of Palm Beach Farms Company Plat No.8,
as recorded in plat book 5, page 73, of the public records of Palm
Beach County, Florida, said lands being more particularly described
as follows:
Commencing at the southeast corner of said section 19; thence with
a bearing of south 87032'47" west, along the south line of section
19, a distance of 60.00 feet to the point of beginning, on the west
right-of-way line of Congress Avenue; thence with a bearing of
south 01022'40" east, a distance of 17.50 feet, to a point; thence
with a bearing of south 87032'47" west, along a line lying 17.50
feet south of and parallel with the north line of section 30, a
distance of 190.03 feet to a point; thence south 01022'40" east, a
distance of 42.50 feet to a point; thence south 87032'47" west,
along a line lying 60.00 feet south of and parallel to the north
line of section 30, a distance of 450.89 feet to a point; thence
north 02027'13" west, a distance of 60.00 feet to the north line of
section 30; thence continue north 02"27'13" west, a distance of
25.00 feet to a point; thence with a bearing of north 87032'47"
east, along a line lying 25.00 feet north and parallel to the south
line of section 19, a distance of 642.52 feet to a point; thence
with a bearing of south 01022'40" east, a distance of 25.00 feet
more or less to the point of beginning
Total area Parcels 1 through 4 equals 22.885 acres.
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on this request at City Hall Commission Chambers, 100
E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday,
August 20, 1996 at 7:00 P.M. or as soon thereafter as the agenda
permits.
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED. PLEASE CALL (561) 375-6260 FOR ANY QUESTIONS
REGARDING THE ABOVE MATTERS.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
PUBLISH: pALM BEACH POST
AUGUST 1 & 13, 1996
c: City Manager, City Commission, City Attorney"IJ.-,itll." Files
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-384
TO:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP~
Planning and Zoning Director
FROM:
DATE:
July 25, 1996
SUBJECT:
Boynton Commons PCD Rezoning
File No. REZN 96-001
Accompanying this memorandum
supporting documentation for
separate checks totaling the
review and processing of this
the Finance Department.
you will find an application and
the above-referenced case. Two
amount of $1,500.00 to cover the
application have been forwarded to
As this rezoning includes a master plan, which should be described
in the notifications and advertisement, this office took the
initiative to create and mail the attached public notice which is
simultaneously being circulated for review prior to forwarding to
the newspaper. As indicated on the notice, public hearings are
scheduled for August 13 and 20, 1996.
TJH:bme
Attachments
a:Leglboy.com
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY: Michael Rumpf
DATE PREPARED: Julv 19, 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Ad for public hearinqs before
the Planninq and Development Board (8-13-96) and the Citv
Commission (8-20-96) for REZN 96-001 - Bovnton Commons PCD
SPECIAL INSTRUCTIONS AND REQUIREMENTS:
Size, Section Placement, Black Border.
(Size of Headline, Type
STANDARD LEGAL AD in Palm Beach Post only
SEND COPIES OF AD TO: Applicant and Director of Planninq and
Zoninq, Newspaper.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
'" ~.k~)
(Department Head)
(2~!t~'A-
;/
7/~h:
Date)
(2)
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:Leglboy.com
PLANNING AND ZONING DEPARTMENT
MEMORANDUM #96-308
TO:
Sue Kruse
City Clerk
FROM:
Tambri J. Heyden
Planning and Zoning Director
DATE:
June 4, 1996
RE:
Re-zoning of Boynton Commons, Southwest corner of Old
Boynton Road and Congress Avenue
Accompanying this memorandum you will find two (2) copies of the
application, letter dated May --, 1996 from Land Design South and
related documents for the above-reference application. The
$1,000.00 application fee for staff processing and review has
been forwarded to the Finance Department.
A legal advertisement for same has been prepared for the July 9,
1996 Planning and Development Board Public Hearing and the July
16, 1996 City Commission Public Hearing and will be forwarded to
your office after review by the City Attorney and City Manager.
TJH:bme
xc: Central File
Attachments
a:legalnot.boy
NOTICE OF ZONING CHANGE
CITY OF BOYNTON BEACH PUBLIC HEARINGS
The City of Boynton Beach proposes to rezone the al'ea shown on the map below.
Public h881'1n88 on this proposal w1ll bs held betore the Plann1ns and Development Board on
October' 10, 1995 and before the City Commission on October 17, 1995, both at 7: 00 P. M. or as
soon thereafter as the agenda permits, at Ci ty Hall in the Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida.
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PETITIONER:
AGENT:
INTENDED USE:
LOCATION:
LEGAL:
Boynton Commons Corporation
Robert A. Benz/Land Oesign South
Shopping center
24.74 acres bounded by Congress Avenue on the east, Old Boynton Road on
the north, Winchester Park Boulevard on the west, and the L.W.D.D. (L-24)
Canal on the south.
Complete legal description on file in the Planning Department, 100 East
BO~lton Beach Boulevard, Boynton Beach, Florida.
REQUEST:
REQUEST:
REZONE:
From - C-3 Community Commercial
To - PCD platUled Commercial Development
MASTER PLAN APPROVAL
For a shopping center consisting 186,130 square feet of retail shops
including a restaurant, bank, pharmacy and other major and minor tenants.
A COPY OF THESE APPLICATIONS AND CORRESPONDING LEGAL DESCRIPTION ARE AVAILABLE FOR REVIEW BY
THE PUBLIC IN THE PLANNING AND ZONING DEPARTMENT AND IN THE OFFICE OF THE CITY CLERK.
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY ATTORNEY AND
BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIIICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS
REGARDING THE ABOVE MATTERS.
MISCX:BCOMM400.All
SUZANNE M. KRUSE
CITY CLERK
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
W BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, July 9, 1996 at 7:00
p.m., to consider a request submitted by Robert A. Benz of Land Design South
agent, for Boynton Commons Corporation, property owner and applicant for the
Boynton Commons Corporation Planned Commercial Development (PCD) located at
the Southwest corner of Congress Avenue and Old Boynton Road. {.
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NATURE OF REOUEST:
J'l.7/f --.
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(ijRequest to amend the previously approved .~PCD master plan to increase the
total square footage 27,520 square feet from 186,130 square feet to 213,650
~ square feet; add an ingress/egress onto Old Boynton Road, change the size and
configuration of the main two buildings; omit the south ingress/egress on
Congress Avenue, substitute the 5,000 square foot leased outparcel bank
building for an 8,000 square foot leased outparcel video store and reduce the
size of the leased outparcel restaurant building from 7,500 to 5,000 square
feet.
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LEGAL DESCRIPTION: VO,...pl~:~' .. ~
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A parcel of land lying ih section 19 of township 45 south, range 43 east said
parcel being a portion of lots 39, 40, 41, 43 and 44, of the subdivision of
section 19, township 45 south, range 43 east, as recorded in plat book 7,
page 19, of the public records of Palm Beach County, Florida.
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Said parcel being more fully described as follows:
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Commencing at the southeast corner of section 19, township 45 south, range 43
east, thence with a bearing of south 87032'47" west, along the south line of
section 19, a distance of 60.00 feet to a point on the west right-of-way line
of Congress Avenue; thence with a bearing of north 01022'43" west, along the
west right-of-way line of Congress Avenue, a distance of 300.00 feet to the
point of beginning; thence with a bearing of south 87032'47" west, a distance
of 390.00 feet; thence south 68003'48" west, a distance of 273.33 feet;
thence north 02027'13" west, a distance of 41.60 feet; thence south 83016'46"
west, a distance of 269.64 feet to a point on Winchester Park Blvd.; thence
with a curve to the right along the east right-of-way line of Winchester Park
Blvd., having a chord bearing of north 08013'05" east, a radius of 2193.99
feet, a central angle of 06059'36", and an arc length of 267.79 feet; thence
with a reverse curve to the left having a chord bearing of north 05016'24"
west, a radius of 2149.31 feet, a central angle of 12048'59", and an arc
length of 480.78 feet to a point; thence north 01006'06" west, along the east
right-of-way of Winchester Park Blvd. a distance of 223.72 feet; thence north
44022'08" east, a distance of 35.64 feet, to a point on the south right-of-
way line of Old Boynton Road; thence with a bearing of north 89050'22" east,
along the south right-of-way line of Old Boynton Road, a distance of 763.72
feet; thence with a bearing of south 45046'11" east, a distance of 34.98 feet
to a point on the west right-of-way line of Congress Avenue; thence with a
bearing south 01022' 43" east, a distance of 860.95 feet to the point of
beginning.
PARCEL 2
AND
A parcel of land lying in section 19, township 45 south, range 43 east, Palm
Beach County, Florida, said parcel being a portion of tracts 44, 40, and 39,
of the plat of subdivision of section 19, township 45 south, range 43 east,
as recorded in plat book 7, page 19 of the public records of Palm Beach
County, Florida, said parcel being more particularly described as follows:
Commencing at the southeast corner of section 19; thence north 01022'43"
west, along the east line of said section 19, a distance of 25.00 feet;
thence south 87032'47" west, along a line lying 25.00 feet north of (as
measured at right angles to) and parallel to the south line of said section
19, a distance of 60.00 feet to the point of beginning; said point also being
a point on the west right-of-way line of Congress Avenue; thence continue
south 87032'47" west, along a line lying 25.00 feet north of (as measured at
right angles to) and parallel to the south line of said section 19, said line
also being the north right-of-way line of the L.W.D.D. lateral 24, as
recorded in official records book 2370, page 1595 and 1596, a distance of
510.31 feet; thence north 02027'13" west, a distance of 230.55 feet; thence
Rezoninq:
2.
PROJECT:
LOCATION.
AGENT:
OWNER:
DESCRIPTION:
Boynton Commons Corporation
Southwest corner of Old Boynton Road and
Congress Avenue
Joe Lelonek, Land Design South
Bill Ray Winchester & Elsie A. Winchester,
Winchester, Winchester, Zeiher & Schroeder, a
Florida partnership
Request to amend the previously approved PCD
master plan to increase the total square
footage 27,520 square feet from 186,130 square
feet to 213,650 square feet; add an
ingress/egress onto Old Boynton Road, change
the size and configuration of the main t:wo
buildings; omit the south ingress/egress on
Congress Avenue, substitute the 5,000 snllare
foot leased outparcel bank building for an
8,000 square foot leased outparcel vide" score
and reduce the size of t.he leased outpareel
restaurant building from 7,500 to 5,000 square
feet.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Develop of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARIN at CI J LL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tue ay,. , 1996 at 7:00
'p.m., to consider a request submitted by Bl:1rl QSR1::I} 6f OeatIlI Eh'\jlm'c.dRSf &.
lMna Surva1'~ "9' IRQ. agent, for NOT'filerl; prep~~' _, l'tl...., property owner and
applicant fo.r the ~ 0; ~:k~ III ~l">. l:11.il! Be CClpn.G!'lt (PlJD) located at the ..t.
:15e9 bleelt of 3. !Y'fintol.r. Avenl:te-. ~ v-d
g...n.Wnf ~~n'< L(C~"1'4<~ ,{"".~. <>~_ (,,1;]1 ~>,<\ic'" C.~'''''''''''<; C"T' .
NATURE OF R};;OUEST: -bY.t.-. i?"..{. I .,u, -, -, - r"
D6Yh t.'~"r\. (<::;r)"Y")'??<.."O).'\5 rvC).,.......",.k ("-"'"Y"h-<(L.'" (/YiJ;' /)("1
./
To reduce the required minimum unit size to be constructed in the PUD from
. . 2,400 air-conditioned square feet to 1,800 air-condition square feet (as
~.(~~reqUired in the original R-1-AAB zoning district), and reduce the required
_ N averaqe size of the units to constructed in the PUD from 2,600 air-
.\~ conditioned square feet to 2,400 air-conditioned square feet.
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~ LEGAL DESCRIPTION:
PARCEL 1:
The south 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section
5, Township 46 South, Range 43 East, Palm Beach County, Florida, (less the
right-af-way for Swinton Avenue as shown in Road Plat Book 3, Pages 250 and
251, Palm Beach County Public Records) .
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PARCEL 2:
The S.W. 1/4 of the
way, of Section 4,
Florida.
S.W. 1/4 of the N.W. 1/4, less the County road right-of-
Township 46 South, Range 43 East, Palm Beach County,
PARCEL 3:
The East 1/2 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4, of Section 5,
Township 46 South, Range 43 East, less the South 257.29 feet thereof, and
also including the following described parcel:
A portion of N.W. 1/4_of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township
46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and more
particularly described as follows: Beginning at the Southeast corner of said
N.E. 1/4 of S.E. 1/4 of the N.E. 1/4, Section 5; thence run S.88048'02"W.
along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. of 1/4, Section 5,
336.91 feet to a point on the Easterly right-of-way line of Swinton Avenue;
thence run N.00001'00"E along said right-of-way 69.18 feet to a point; thence
run S.B9059'00"E. 188.55 feet to a point of curve; thence run Southerly along
the arc of a curve to the right 87.96 feet, said curve having a central angle
of 90000'00" and a radius of 56.00 feet; thence run S.89059'00"E. 92.31 feet
to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section
5; thence S.00014'28"W., 6.03 feet to the POINT OF BEGINNING.
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A PUBLIC HEARING will be held by the City Commission of the City of Boynton
Beach on th~ a~8ve request at City Hall Commission Chambers, 100 E. Boynton
Beach Boulevard, Boynton Beach, Florida, on Tuesday, 1L. ll, 1996 at 7: 00
p . m. or as soon thereafter as the agenda permits. j"-It 1 /
All interested parties are notified to appear at said hearing in person or
by attorney and be heard. Any person who decides to appeal any decision of
the Board of Adjustment with respect to any matter considered at this
meeting will need a record of the proceedings and for such purpose may need
to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
(407) 375-6062
a:legalnot.hil
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement publisheq)and must be
submitted to the Office of the City Attorney eight (8)' working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY:
Michael Haaq
DATE PREPARED: June 4. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Re-zoninq of Bovnton Commons
located at the Southwest corner of Conqress Avenue and Old Bovnton
Road
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Leqal Ad for Planninq Development Board meetinq on Julv 9,
1996 at 7:00 p.m. and Citv Commission meetinq of Julv 16. 1996 at
7:00 p.m.
SEND COPIES OF AD TO: Newspaper. adioininq propertv owners.
applicant and Planninq and Zoninq Director.
NEWSPAPER(S) TO PUBLISH: To be determined bv Citv Clerk
DATE(S) TO BE PUBLISHED: To be determined bv Citv Clerk
APPROVED BY:
(1)
(Department Head)
(Date)
(2 )
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
a:legalnot.boy