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LEGAL APPROVAL t]JU City of $oynton $eacli """"""- Mr. Ronald L. Aylor Managing Partner Newport Place 4735 N. W. Seventh Court Lantana, Florida 33462 July 1, 1996 Dear Mr. Aylor: We recently received a notice dated June 7, 1996, from the State of Florida Department of Community Affairs finding the Comprehensive Plan Amendment (Ordinance 096-26) in compliance. Ordiriances 096-26 and 096-27 were adopted by the City of Boynton Beach on April 16, 1996 and became effective on July 1, 1996. Ordinance 096-26 changes the land designation for the Plat of Stanford Park and Lots 7 and 8 of the Plat of High Ridge Subdivision (together a.k.a. Newport Place PUD) from Low Density Residential to High Density Residential. Ordinance 096-27 changes the zoning of lots 7 and 8 of the Plat of High Ridge Subdivision from R-1AAB to PUD LUI-5 to be part of the Newport Place PUD (f.k.a. Stanford Park PUD). Through the above approvals, the zoning and land use designations now allow the minimum density required to add to the Newport Place PUD a 120 bed Assisted Living facility. You may now proceed with the site plan approval process. (I should note that prior to submittal of a site plan application, a master plan, revised to simply incorporate final staff comments, must first be submitted in triplicate to the Planning and Zoning Department). For your information this requirement is stated on page 24 of the staff report, which is in Planning and Zoning Department Memorandum No. 95-692. Sincerely, CITY OF BOYNTON BEACH -J:~ -9:)~~te-J Tambri J. Heyden Planning and Zoning Director TJH:dar cc: Steve Gillespie Central File a:Newport.72(MR) J[muica's (jateway to t~ (juifstream e:.~'/~/'L--"<""'--"'-7 [0) IlRJ m@rnowrn "" 1519$ @ STATE OF FLORIDA DEPARTMENT OF COMMUNITY PLArmii'JG AND _n---lill!J!!!iQ~[T. AFFAIRS EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES lAMES F. MURLEY Secretary Governor June 7, 1996 vULh /fc( ( . ) ~~ -flL The Honorable Gerald Taylor Mayor, City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Taylor: The Department has completed its review of the adopted Comprehensive Plan Amendment (Ordinance No. 096-26; DCA No. 96-1) for the City of Boynton Beach, as adopted on April 16, 1996, and determ ined that it meets the requirements of Chapter 163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b). The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to The News for publication on June 10,1996. Please note that a copy of the adopted City of Boynton Beach Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normaL business hours, at the City of Boynton Beach, City Hall, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. (l c.k-L ~h 2S55 SHUMARD OAK FlORIOA KEYS AREA OF CRITICAL 5T ATE CONCERN FIELD OFFICE 27960verseasHighway,Suite212 Maralhol'l, Florida 33050-2227 BOULEVARD. TALLAHASSEE, SOUTH FLORIDA RECOVERY OFFICE P.Q,Box4022 8600NW. 36th Street Miami,Florida 33159-4022 FLORIDA 32399-2100 GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIElDOFFleE 155 East Summerlin Bartow, Florida 33830.4641 Honorable Gerald Taylor June 7, 1996 Page Two If you have any questions, please contact Greg Stuart, Planner IV or Roger Wilburn, Community Program Administrator, at (904) 487-4545. Sincerely, (A'1I~~ Charles Gauthier, AICP Growth Management Administrator CG/gsj Enclosure: Notice of Intent cc: Mrs. Mr. Tambri J. Heyden, Planning Director Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 96-1- NOI-5005-(A)-(I) The Department gives notice of its intent tD find the Amendment tD the Comprehensive Plan for the City of Boynton Beach, adopted by Ordinance No. 096-26 on April 16, 1996, IN COMPLIANCE, pursuant tD Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Boynton Beach CDmprehensive Plan Amendment and the Department's Objections, Recommendations and CDmments RepDrt, (if any), are available for public inspectiDn MDnday through Friday, except fDr legal holidays, during nDrmal business hours, at the City DfBoyntDn Beach, City Hall, Planning and Zoning Department, 100 East BDyntDn Beach Boulevard, BDyntDn Beach, FIDrida 33425. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City DfBoynton Beach Comprehensive Plan is In CDmpliance, as defined in SubsectiDn 163.3184(1), F.S. The petitiDn must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(7), F.A.C. The petition must be filed with the Agency Clerk, Department of CDmmunity Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the IDcal government. Failure to timely file a petition shall cDnstitute a waiver Df any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petitiDn is filed, the purpose Dfthe administrative hearing will be to present evidence and testimony and forward a recDmmended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for interventiDn must be filed at least five (5) days before the final hearing and must include all of the informatiDn and cDntents described in Rule 60Q-2.01O, F.A.C. A petition for leave to inter- vene shall be filed at the Division of Administrative Hearings, Department Df Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under SectiDn 120.57, F.S., or tD participate in the administrative hearing. ~ les G. Pattison, Director Department of Community Affairs DivisiDn Df ReSDurce Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 k ~t~C;~ ~~~ lS#-"'" / 00 rn@rnnw~ @ MAY-21996 PLANNING AND ZONING OEPT. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES Governor April 29, 1996 JAMES F. MURLEY Secrttary Ms. Tambri J. Heyden Planning and ZDning Director City of BoyntDn Beach Post Office BDX 310 Boynton Beach, FIDrida 33425-0310 Dear Ms. Heyden: Thank YDU for submitting copies of the City's Comprehensive Plan Amendment No. 96-1, adopted by Ordinance No. 096-26 on April 16,1996, for our review. We have conducted an inventory of the plan amendment package to verify the inclusiDn of all required materials. The submission package appears to be cDmplete. The Department will conduct a compliance review and issue a Notice ofIntent regarding the adopted cDmprehensive plan amendment in accordance with procedures contained in SectiDn 163.3184, Florida Statutes. Once the review is underway, you may be asked tD prDvide additiDnal supporting documentation by the review team to ensure a thorough review. If YDU have any questiDns, please contact Roger Wilburn, Community Program Administrator, for region 10, which will be assigning the adopted plan amendment for review at (904) 487-4545. Sincerely, d~<L~ D. Ray Eubanks Planning Manager DRE/lw cc: Michael Busha, Acting Executive Director Treasure Coast Regional Planning CDuncil Michael Rumpf, SeniDr Planner, BDynton Beach 2740 CENTERVIEW FLORIDA KEYS AREA DF eRITICAl STATE CONefRN fIELD OFFICE 2796 CNerseas Highway, Suite 212 Marathon, Florida 33050-2227 DRIVE. TALLAHASSEE, SOUlH FLORIDA RECOVERY Of fleE P.o. Box 4022 8600 N.W. 361h Street Miami/Florida 33159-4022 FLORIDA 32399.2100 GREEN SWAMP AREA OF eRITICAl STATE CONeERN FIElDOFFleE 155 East Summerlin Harlow/Florida 33830-4641 ill JUN12l996 , ',I, '" .".1 '".-/ " " iii S ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor Secretary June 7, 1996 The Honorable Gerald Taylor Mayor, City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Taylor: The Department has completed its review of the adopted Comprehensive Plan Amendment (Ordinance No. 096-26; DCA No. 96-1) for the City of Boynton Beach, as adopted on~116, 1996, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b). The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The'</iIIliu . I . .I,has been sent to The News for publication on June 10,1996. Please note that a copy of the adopted City of Boynton Beach Compre~ensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach, City Hall, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. 255S SHUMARD OAK FLORIDA KEYS AREA OF eRITleAl ST ATE CONCERN FIElDOFFleE 1796 Overseas Highway, Suife2!2 Marathon, Florida 33050-2227 BOULEVARD. TALLAHASSEE, SOUTH FLORIDA REeOVERY OFFICE P.O. Box 4012 8600N.w'36InSlrt'el Miami, Florida 33159-4022 FLORIDA 32399-2100 GREEN SWAMP AREA Of CRITleAl STATE CONCERN FIELD OFFICE 155 East Summerlin Bartow, Florida 33830-4641 Honorable Gerald Taylor June 7, 1996 Page Two If you have any questions, please contact Greg Stuart, Planner IV or Roger Wilburn, Community Program Administrator, at (904) 487-4545. Sincerely, V\~~ Charles Gauthier, AICP Growth Management Administrator CG/gsj Enclosure: Notice of Intent cc: Mrs. Mr. Tambri J. Heyden, Planning Director Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 96-1- NOI-5005-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan fDr the City of Boynton Beach, adopted by Ordinance No. 096-26 on April 16, 1996, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Boynton Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments RepDrt, (if any), are available for public inspectiDn Monday through Friday, except fDr legal hDlidays, during nDrmal business hours, at the City DfBoyntDn Beach, City Hall, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. Any affected person, as defined in Section 163.3184, F.S., has a right tD petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City of Boynton Beach Comprehensive Plan is In Compliance, as defined in SubsectiDn 163.3184(1), F.S. The petition must be filed within twenty-one (2 I) days after publicatiDn of this notice, and must include all of the information and contents described in Rule 9J-l1.012(7), F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, FIDrida 32399-2100, and a copy mailed or delivered to the local government. Failure tD timely file a petition shall cDnstitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpDse of the administrative hearing will be to present evidence and testimony and forward a recDmmended order to the Department. If nD petition is filed, this NDtice ofIntent shall become final agency action. r- ,~ ---- . If a petition is filed, other affected persons may petition fDr leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the informatiDn and contents described in Rule 60Q-2.01O, F.A.C. A petition fDr leave to inter- vene shall be filed at the Division Df Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure tD petition to intervene within the allowed time frame constitutes a waiver Df any right such a person has tD request a hearing under Section 120.57, F.S., Dr to participate in the administrative hearing. ~ les G. Pattison, Director Department Df CDmmunity Affairs Division Df ResDurce Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 t]JU City of $oynton $eacli 100 'E. 'Boynton 'B=/i 'BlNkvani P.O. 'Bo'(310 'Boynton 'B=/i, :Tforitla 33425.0310 City!Jfa[[: (407) 375-6000 :T.fU: (407) 375-6090 ~--~- April 25, 1996 Mr. Robert Pennock, Chief Bureau of Local Planning Div. of Resource Planning and Management State of Florida-Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 RE: Adopted Comprehensive Plan Amendment 96-1 Newport Place (LUAR 95-006) Dear Mr. Pennock: Enclosed you will find five (5) copies (individual copies have been simultaneously sent to the Treasure Coast Regional Planning Council, the FDOT-District Four, the South Florida WMD, and the Department of Environmental Protection) of the required documents for the above-referenced map amendment. This package consists solely of one map amendment which has changed 24.77 acres of property from the Low Density Residential land use classification to the High Density Residential classification. With respect to date of adoption, this amendment was adopted on April 16, 1996. Regarding provision of the Plan to other agencies, the Plan and adopted support documentation has been provided to other reviewers. They were informed that their copy would be updated with, rather than replaced by, subsequent amendments. With respect to the remaining submittal requirements outlined in Rule 9J-11.011, the following has also been provided; (5) Five copies of the amended Future Land Use Map (Attachment "A"); (5) One (1) copy of the amendment ordinance (Attachment liB") ; (5) (a) N/A, as no changes have occurred; J[merica's (jateway to tfu (juifstream Mr. Robert Pennock (5) (b) (5) (c) (5) (d) (5) (e) (5) (f) (10) -2- April 25, 1996 N/A, as the findings on which the amendments have been approved remain unchanged; see transmittal package dated January 4, 1996 for explanations; N/A, as ORC report was not necessary; N/A, as only one amendment was processed; N/A, as only map amendment processed; The new cumulative table of contents of all amendments to the Comprehensive Plan is within Attachment "C"; and Ordinances which reflect this new requirement relative to the effective date are within Attachment "B". If you have any questions concerning this amendment package, please do not hesitate to call Michael Rumpf, Senior Planner at (407) 375-6260. TJH:mr Enclosures MISCX: NEWPCOMP. LET Very Truly Yours, Jd-r,dL/J1 .. ~ -;:t-c?z:&~ Tambri J. Hefden ~- Planning and Zoning Director rr1ie City of $oynton $eacli ~.t3 .~V'. 100 'E. 'lJoynttm 'lJeadi 'lJoukrJGTtl P.O. '&'(310 'Boynttm '&adr., 'Jforitfa 33425.0310 City:J{Q[[: (407) 375-6()()(J '.JJ1V(: (407) 375-6090 April 25, 1996 Mr. Tilford C. Creel, Exec. Dir. SFWMD PO Box 24680 West Palm Beach, Florida 33416-4680 RE: Adopted Comprehensive Plan Amendment 96-1 Newport Place (LUAR 95-006) Dear Mr. Creel: Accompanying this letter you will find the City's cover letter and related support documentation as provided to the Florida Department of Community Affairs which transmits for compliance determination the above-referenced amendment. You will recall receiving within a previous amendment package (93- S3,. December 14, 1993) our entire Comprehensive Plan, Future Land Use Map, and Future Land Use Support Document, Section VIII. Land Use Problems and Opportunities. It is my understanding that these documents will be kept current by inserting subsequent amendments. Please note that this amendment only affects the City's Future Land Use Map, and the accompanying revised version of the map should be used to replace your existing copy. The cover letter to DCA should provide you with all necessary information; however, if you have questions or are in need of additional information, please contact this office. Very truly yours, --- ~" /' - .' -~h~!i-.9. ~"~- Tambri J. Heyden Planning and Zoning Director TJH:mr Enclosures MISCXIII:NEWPWMDC.LET Jlmerica's (jateway to tfie (juifstream 100 'E. 'Boynton '&4dr. 'JJoukvarti P.O. 'Bait310 'Boynton 'BeDdI, %nU/4 33425.0310 City:JlDi[; (407) 375-6()(}() 'RU: (4(}7) 375~ April 25, 1996 Mr. Michael Busha, Executive Director Treasure Coast RPC PO Box 1529 Palm City, Florida 34990 RE: Adopted Comprehensive Plan Amendment 96-1 Newport Place (LUAR 95-006) Dear Mr. Busha: Accompanying this letter you will find the City's cover letter and related support documentation as provided to the Florida Department of Community Affairs which transmits for compliance determination the above-referenced amendment. You will recall receiving within a previous amendment package (93- S3,December 14, 1993) our entire Comprehensive Plan, Future Land Use Map, and Future Land Use Support Document, Section VIII. Land Use Problems and Opportunities. It is my understanding that these documents will be kept current by inserting subsequent amendments. Please note that this amendment only affects the City's Future Land Use Map, and the accompanying revised version of the map should be used to replace your existing copy. The cover letter to DCA should provide you with all necessary information; however, if you have questions or are in need of additional information, please contact this office. Very truly yours, ~~j~f~?&( )/lJ/t~- Tambri J. Heyden Planning and Zoning Director TJH:mr Enclosures MISCXIII:NEWPRPCC.LET Jlmuial's (jateway to t~ (juifstream t]JU City of $oynton $eacli 100 T.. 'Boynton 'lJeadt 'Boufevarri P.O. ~310 'Boynton 'Beadi, %1ri4a 33425-0310 City 1fDll: (407) 375-6000 J"JU: (407) 375-6()9() April 25, 1996 Mr. John Outland Plan Review Sect., Rm. 914B Dept. of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 RE: Adopted Comprehensive Plan Amendment 96-1 Newport Place (LUAR 95-006) Dear Mr. Outland: Accompanying this letter you will find the City's cover letter and related support documentation as provided to the Florida Department of Community Affairs which transmits for compliance determination the above-referenced amendment. You, will recall receiving within a previous amendment package (93- S3, December 14, 1993) our entire Comprehensive Plan, Future Land Use Map, and Future Land Use Support Document, Section VIII. Land Use Problems and Opportunities. It is my understanding that these documents will be kept current by inserting subsequent amendments. Please note that this amendment only affects the City's Future Land Use Map, and the accompanying revised version of the map should be used to replace your existing copy. The cover letter to DCA should provide you with all necessary information; however, if you have questions or are in need of additional information, please contact this office. Very tJuly yours, ~~?11j~t',)j-,;.ljJ-?/&'- Tambr~ J. Heyden ~ Planning and Zoning Director TJH:mr Enclosures MISCXIII:NEWPDEPC.LET Jlmeriaz's (jateway to t~ (juifstream 100 'E. 'Boynton 'Bea&ft 'Boukvarti P.O. ~310 'Boynton'Beae4,:f{oritfp. 33425-0310 City!HDfI: (407) 375-6000 !f1V(: (407) 375-6090 April 25, 1996 Mr. Joseph Yesbeck FDOT District Four 3400 West Commercial Boulevard Ft. Lauderdale, Florida 33309-3421 RE: Adopted Comprehensive plan Amendment 96-1 Newport place (LUAR 95-006) Dear Mr. Yesbeck: Accompanying this letter you will find the City's cover letter and related support documentation as provided to the Florida Department of Community Affairs which transmits for compliance determination the above-referenced amendment. You will recall receiving within a previous amendment package (93- S3,' December 14, 1993) our entire Comprehensive Plan, Future Land Use Map, and Future Land Use Support Document, Section VIII. Land Use Problems and Opportunities. It is my understanding that these documents will be kept current by inserting subsequent amendments. Please note that this amendment only affects the City's Future Land Use Map, and the accompanying revised version of the map should be used to replace your existing copy. The cover letter to DCA should provide you with all necessary information; however, if you have questions or are in need of additional information, please contact this office. Very truly yours, y,- - / . '7/ / .j JnLl.ti ; ,\0-LI;f-'U.... Tamb;'i J. Heyd,{n Planning and Zoning Director TJH:mr Enclosures MISCXIII:NEWPDOTC.LET Jlmerica's (jateway to tfU (juifstream ATTACHMENT "A" AMENDED FUTURE LAND USE MAP (5 copies) ATTACHMENT IIBII ORDINANCE (96-26) ATTACHMENT "C" CUMULATIVE TABLE OF CONTENTS (REVISED) I-' I-' I-' I-' I-' I-' I-' I-' '" 00 ..., '" U1 ... W '" I-' H ..., '" '" ... w '" I-' 0 ~ >'I 3: ~ >'I '" 11 ~ :s: 0 '" ~ ~ ~ ~ ~ ~ ~ :<I 0 P> 0 P> 0 ,..- '" 0 0 ~ 0 f-' 0 ti ';l " ::> f-' .@ ';l ~ '0 '0 '0 '0 '0 '0 .@ f-' f-' P> rt (J f-' f-' f-' f-' f-' f-' f-' '- tJ" rt tJ" tJ" ti rt ,... ,..- ,..- ,..- ,... ,... "l ti ~ ti 0 0 CD 0 CD 0 OJ (J (J (J (J (J (J f-' CD ,..- ,... 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U1 01 , , , , , , , , , , :u rn W W W tv tv tv rn H H 010 tv , , , , , , H , , "l"l , 15 z 15 15 15 z , 15 15 15 0 0 15 H H H H H H H H H , , , , , , H , , , U1 U1 U1 U1 U1 U1 , U1 U1 U1 0 0 0 0 0 0 U1 0 0 0 0 0 0 0 0 0 0 0 0 0 U1 U1 U1 U1 U1 U1 0 U1 U1 U1 , , , , , , U1 , , , ); ~ ~ ~ ~ ); , ~ ~ ~ )> - - H H H H H H H H H H ..~ \1' \1' \1' , ... "' tv \~. ~ ~ ~';t. ~~ ~~ c,'" ~~ ",0 ",0 % ;;P> ,..... ,..... >-,0 ",\>> ~% I ... ~r\ -1<: \ ~ " ~'" ~'" tv "' >0 "" "" " ~ >-' I-' el '" ..... ... ~ '" \>> \1' 0 '" >0 'f, t'l ... ~ ~ ~ f ';' ';' ~ '" '" '" \a '" '" '" \j , , , ~ tv tv tv '" tv 0 ~ ~ ~ ~ ... ... ... Q ~ , , I-' tv tv '" , , \j ~ '" '" ~ '" '" '" '" ~ * 0 ~ ~ I'l \1' " \1' " 0 0 " 'id g ~ 0 ;; 0 ~ I'l tv "' 0 , ... 0 '" -1 '" '" ~ -1 ~ ~ ~~ ~ >0 >0 >0 ~ ~ ~ \1 r, \~ \1 e. e. ~ I:' 'rd I"? 'U" 'llV l~ :1 ,;" If I' LI iU~ MAR - I 1996 'lili. LJI PLANNING AND ZONING DEPT. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT' RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Secretary Governor February 28, 1996 The Honorable Gerald Taylor Mayor, City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 -ilc.- Dear Mayor Taylor: The Department has conducted a preliminary review of the City of Boynton Beach proposed comprehensive plan amendment which was received on February 13, 1996, (DCA Reference No. 96-1). The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the Treasure Coast Regional Planning Councilor any affected person regarding the proposed amendment. Therefore, the proposed Objections, Recommendations The local government may amendment. amendment will not be reviewed and the and Comments report will be waived. proceed to immediately adopt the Also, pursuant to Chapter 163.3189 (2) (a), F.S., the Department recommends that the City include the following language in the adoption ordinance regarding the effective date of the adopted amendment. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." 2740 CENTERVIEW flORIDA KEYS AREA OF CRITICAL STATE CONCERN FLEW OFFICE 2796 Overseas Highway, Suite 212 Maralhol"l, Florida ]]050-2227 DRIVE. TALLAHASSEE, SOUTH FLORIDA RECOVERY OFFICE P.G. Box 4012 8600 NW. 36th Street Miami,Florida )]159-4022 FLORIDA 32399-2100 GREEN SWAMP AREA OF eRITlCAl STArr CONCERN FIELD OFFICE 155 EaslSummerlil"l Bartow/Florida ])8]0-4641 Honorable Gerald Taylor February 28, 1996 Page Two Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 163.3184(9), F.S. This letter should be made available for public inspection. If you have any question, please contact Greg stuart, Planner IV, or Roger Wilburn, the community Program Administrator overseeing the review of the amendment, at (904) 487-4545. sincerely, ~~~h Charles Gauthier, AICP Growth Management Administrator Bureau of Local Planning CG/gsj cc: Ms. Tambari Heyden, Planning and Zoning Director Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council ii ORDINANCE NO. 096~;r AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NEWPORT PLACE; RDINANCE 91-70 OF SAID CITY BY CERTAIN TRACT OF LAND MORE PA TICU Y DESCRIBED HEREIN, FROM PUD LUI-S AND R-lAAB TO PUD LUI-S; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 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, Donaldson E. Hearing, agent for the owners of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Part III of the Land Development Regulations, Chapter 2, Zoning of the City of Boynton Beach, Florida, for the purpo~e of rezoning a certain tract of land, said land being more particularly de~cribed I hereinafter, from PUD LUI-S and R-lAAB to PUD LUI-S; and 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: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby rezoned PUD LUI-S and R-lAAB to PUD LUI-S. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. Attached hereto as Exhibit "c" is a copy of the Master Plan and attached as Exhibit "D" are the conditions/requirements for this rezoning, which are incorporated herein. l Section 2: That the aforesaid Rpvised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of , I' , - - competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective thirty- '! one (31) days following adoption of the Ordinance, pursuant to Florida Statutes. FIRST READING this ~ day of ~.J,:/ , 1996. SECOND, FINAL READING and PASSAGE this /~ day of ~ , 1996. CITY OF BOYNTON BEACH, FLORIDA ;j.4Yr- MaYG ( {~C"-.l'-'-L_' ommissioner ATTEST: ~~~,.. Comm.ssioner .~ ~ 4.. .~ }vb- C7sioner 1 " I il I ~~~~,..u. (Corpor\~linlff Seal) \\\'V. liil '" ",\\ -l I'll 0 N 1111"" .....:::;. n..,O ......... I!J~~... s:' v .. ODA -. ,... ~ ~ l.c. "kf .....,1"~.~ ~ ~ ~oy' ~,~~ , - . ~- - - => = =1- = ReS,n'J'l;> Ne".-nn ~ 3/i:&i~ ~.~~ ~ :;.-: ... s- ~ ~..-# ~-r,.,A ItLO"" &' """'""I\\\\\\~ Of(,-J-? EXHmlT "A" THE PLAT OF STANFORD PARK, as recorded in Plat Book 46, Pages 67 and 68 of the Public Records of Palm Beach County, Florida. TOGETHER WITH Lots 7 and 8, Plat of High Ridge Subdivision as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida. The above described parcels contain 24.77 acres more or less. 'I ,_ __ :<..,., .....;oj iW / "iii ,. IU I Sn"E ~.,~: - ~ I I ~ _'@H ,,'\ ,~... j. "~ ':~:::::' ," \ I r}1' ,1 J J.,....... . " .' :.:;..:..' : ~ ; .... \9CAT\ON MfrJJ STANFORD PARK 0(\ v )..-1 l::J[ 1~1r ~J.. f.-.... .J L_.-' - ~...,.." . }- :t,\ p:" ,;j' ~ .~ ~[L. J\ €? , I.fi[~~' I'--/~. 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",., j I ~ ' . . - . . - - "" \ i'l\ MILES . _-~ J- _ 'i -- I >". ~ III \ll.W k. .' . '1' r( '" J i \11 - , , ' , . I , -' le- " ~ \. " , , ' , . ,L:' I \ >.-' , , : , , " ' .,' ,...., -.-- -- \ \ I . \ ., "',_ '\\ ReC ~ ~\ f(~ \', ;:"~ t;" '-':"'~' , . ....' . '~, " \ , ' \~ ' \'\ ~"\ '0 R'1AA "') __----1 - :=::::-.:..J R1AA , __ _ / " /,,}/T'- / I- .-.-' .........! '. _ .. II .:a j;J-I-- .. ;' 1_. :t. X ' · .-0....,. ..... AR 'R'~~ \ "1 \ STATtP~ , \ ~) ~ .~~.:. :' ~ If -~." .~~ ~ "....:J ~j" n~~ ns I!H.~ J:Ii ... ~ '~'::.<'" ; I f i I . J '. -jifi i j pI ~III ~p)~!P j ~ hl.'{!H 'i~hii~~lt j i J,uI~!HHtfZ~J_L~; '! ... :( .( Ii Ii \ 'J dll1~;11 t l \: 1,' I'HP'lt . 1 , II :J' II; 111!lllJII,\lj L"." i t 1 I I', '. , ,~ It! I . . . . I I 11 :~1'_111 : 1 'I I . . <;1 t1JI ,-. . j l 'i 1 f ~.. [.-It 4 I I It 11 i I, I\!illhltl ; I \ II II tI \ 'I {4~1111\ll :,' ! ('1', ; 1 1! ! J. 1 J t C , I ! t ~\ \1 ~i !\ ~ l:t m \HHHiil il !H I ; ------ ~ 19q (;~ ') 1 ---- , ~- " .' :ia . ~;;r:1 ~iil .. '1# ''"~t ~S!_t p" ...._~ ~ i , i . ~: f ;1 . - . . . J 'I r; . , . ," t-; .i "; ,~. 't i"!i"~i !'i .dHll.h IH~ ! ';l"U~ J._. ! !~HHH UH j .o! ~... oJ .~~ .. " . :, .. .. t. .. " .. Iii r'~ I: ,'" :.....:.~. ',~. -' . tJ,:!:! i:.... .. .. .. - . if I,":.. ; i~.l: . rL" i ~, ; i 1 I ~ f-.) ~ ...... ~ tl;\;~ 1.1 ~ ~t ~:S 11 e ~ \ th11 ~ <J.! Jot! ~ ~ -3 ~,..~, ~ ~ 11 111~~ ~ - t.1.I. _.::..~'''''' Z~a~i'Hii~ ::>. qi! ",.J; ciS !z~ ;'::'...-- : I - \ I, MASTER PLAN ~ ~ I') o ii'll i ~ ~ ~: ~ ~; .. ~. - ~' . ~, ~ tf)- 11 <; IJ ~ '---, 1 , I ~ . _ J ~ ~,: ! ; , ,. . 0' , " .... ..., Conditions of Approval 04&' r7 Project name: Newport Place PUD (f.k.a. Stanford Park PUD) File number: LUAR 95-006 Reference: 2 sheets submitted bv Cotleur Hearino identified as 2nd submittal with Plannino and Zonino Denartment October 26. 1995 date stamn markino DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE .- t PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. The master plan shall be modified to X show compliance with the final determination regarding Palm Beach County Traffic Division and City staff's evaluation of the applicants traffic statement. 2. Add a note to the master plan X indicating that the project is subject to site plan review prior to permitting. 3. Specify on the rectified master plan X maximum density allowed for the Stanford Park PUD. Also show on the master plan the conversion computations that verify the proposed total of 596 ACLF and Convalescent Center beds does not exceed the maximum allowed density for the entire PUD. The following City adopted conversion factor shall be used: Total gross acreage within the PUD (times) maximum allowed density per acre (times) 2.3 = maximum number of beds t,JuJ.J "Q" Oq&' J-7 conditions of Approval Newport Place PUD LUAR 95-006 DEPARTMENTS INCLUDE REJECT * 4. The zoning code limits the maximum X number of driveways from a single road to two (2) . If this maximum is to be exceeded, as indicated on the master plan, then relief from this requirement must also be requested through the variance process. A parking lot variance (File No. PKLV 95-006) to increase the number of driveways from two (2) to four (4) is being processed concurrently with this request. Amend the master plan to show the results of the variance and reference on the master plan the City Commission's action regarding the variance. 5. Submission of a rectified master plan X showing compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department in triplicate prior to site plan review of the project. ., * Other Conditions: The parking lot variance was approved, conditioned upon the southernmost driveway being limited to egress only. MEH:dim xc: Central File a:CondAppl.new " , , I ORDINANCE NO. 096-df6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY KNOWN AS NEWPORT ~CR~ 4735 N.W. 7TH COURT, LANTANA, FL - 33462; AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. hL. i'- /v u6-'1 . I~~ / WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been f"llowed; and !I 'I ;! WHEREAS, after public hearing and study, the City 'I Commission deems it in the best interest of the inhabitants of I 'I said City to amend the aforesaid Element of the Comprehensive I '1 Plan as adopted by the City herein. NOW, THEREPORE, BE IT ORDAINED BY THE CITY COMMISSION OP THE CITY OP BOYNTON BEACH, PLORIDA, THAT: Ser.Hon 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land ,I shall be designated as High Density Residential. I, :1 " 'I II I I I I I Said land is more particularly described as follows: THE PLAT OF STANFORD PARK, as recorded in Plat Book 46, Pages 67 and 68 of the Public Records of Palm Beach County, Florida. TOGETHER WITH Lots 7 and 8, Plat of High Ridge Subdivision as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida. ,I The above described parcels contain 24.77 acres more or less. 'I 'I Section 2: That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be ., " :1 'W ... amended accordingly. Ser.t ion 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed. I, I, II Section 4, 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. Ser.t i em 5: The effective date of this Ordinance shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in I I " accordance with Chapter 163.3184, F. S.; or the date a final " Ii order is issued by the Administration Commission finding the i ,. :i amendment to be in compliance in accordance with Chapter 163.3184, F.S. FIRST READING this 2nd day of April , 1996. SECOND, FINAL READING and PASSAGE this /b day of /I,.cJA'/G , 1996. 'i BEACH, FLORIDA - I' I, I 'I ATTEST: ~~~::k~~/~/J (c9:-J;;pb'f~l1JEiIII$#al ) " ~o'( TO",. '//. ~~ .......... ~~ ~ 0 I:P~o~~i\ (to ~ ~>-y"Q,b% =1- ::J:- =0 = \ 1920 j " ;:> , ~OA\O"~" """'''III''''\\\\~ Commissioner ~ C'fY\e/ - . \ \_-'----- commissione~~ ~ sioner NewportPlace.PUD LandUse,Amd 3112/96 i' ORDINANCE NO. 096~;r AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NEWPORT ~ PLAC~ AMENDING ORDINANCE 91-70"OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUD LUI-5 AND R-1AAB TO PUD LUI-5; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. .-/' -h (~ 1"- S'v bj :! i 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, Donaldson E. Hearing, agent for the owners of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Part III of the Land Development Regulations, Chapter 2, Zoning of the City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly de~cribed I hereinafter, from PUD LUI-5 and R-1AAB to PUD LUI-5; and 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: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby rezoned PUD LUI-5 and R-1AAB to PUD LUI-5. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. Attached hereto as Exhibit "CO is a copy of the Master Plan and attached as Exhibit "D" are the conditions/requirements for this rezoning, which are incorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of I' , .... "fII/I competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective thirty- one (31) days following adoption of the Ordinance, pursuant to Florida Statutes. FIRST READING this .~ day of ~ph'/ , 1996. SECOND, FINAL READING and PASSAGE this /~ day of ~--f,'/ , 1996. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~=-~s 4 .. ) 2:..t- c7sioner ~~.~~,~,. Ci Clerk (corp~\~~limf/~eal ) ,-:;\\\\ -{ tlTO,y III//~ :S ~o .......... e~ ~ ~ 4. ..~ORA/'~.... ~ ~ "~~Y' \~~ Re~~ Ne"i.-nC\ ~ 3/r.!:i~ . \V"'~ ;:: ~ tfItt....~ "'4Jl flLO"'v" ~II""'I"""\\\~ L C)C~T\ON M~ STANfORD PARK i _ - ;.,: . ;-:::.:::' . ':. :1"" J ':'!if~~": , - I' ." ..1....... " - ~[ :;", .' :::~ . :.:.::.' : =~- SIT' ........;:..... ~~ / ~-,: -./ ;,\ hi" ~(r) ('. ~..., f ~ \\ i - " ' : ' ,(;,,;' RISe " " \J ( t ~. " \,' ., ') c{',;i I~..:.t.- . . ~. '! ,. .\1 ~ \\ " ,<>~ ~ "~\.\~ 0::3--" ,'\ \.. , ; . ~:~.. : \', --' / " ,\ \;,\ R~AA \ ..-- -- ---- - __.J ---- .-- - .---. -'- \ , II \.U ,\I I I ~ ~ I .1 1 I - I I \ R'1AA l/ ,'J./ "" /f'.... / f.- .fPl_.:\ ,r- ~..t..t-. .~'1 . -cI.'-1" JAR 'FUIz)PY! \ ,STATIt@j Ii " IG\t .. .. E .. l-- ..... .~ I .' J... f o(\v. .... ...,.; oft-J..,) EXHIBIT "A" TIlE PLAT OF STANFORD PARK, as recorded in Plat Book 46, Pages 67 and 68 of the Public Records of Palm Beach County, Florida. TOGETIlER WITIl Lots 7 and 8, Plat of High Ridge Subdivision as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida. The above described parcels contain 24.77 acres more or less. ~ ---' s ~ . if I,':., ~3.l: . 1"1 . t ' I! .1 "- il . :i 'I ' . . c;q v' '} 1 ,-, _Hi IlH ~r- -, . ~ i '4 , ! ] j! , I I !' i , ~!J ~Pt luijUHUH l i !HdlhHhi~HHH \ "S ~ lJ . Ie ..( .. ~~ .' 8~ . ~~ ~~ ~ ~; ~. ~' : ~, ~ CJ)' Ii <; i~ ~: :l ~~, ';! --:-- ~iil i:}1 'I ,,#.' . H~!~ P -- i !:.S~~ :!iU: (.-x i ! ~ : ! , : i. f . , .: ~; !<i:;:,~ 't t7~'I'-~ !I! Jf iHdh JH~ i tH1Hn UH ~ - . j < ~ ~I;) " . ::, ~.. -. t. III II .. tu. o :! g 1: "~' -. ...~. . '" ~ ~ J.z.z I "'.' :....... i, - : - ' ; 1 ~, ~ , , . . r ~ 3 . 'lnl;:j 1 ., H 1l1'ltn'i1t , I '. ,I I. . , ' I 11: IIi 11\'11:1.\\ !';:":~ III l Ii il1l'lijll~d I- i 1 Ii 1111\ \111-.1,1\1'1 ~ i I Ill' 1\11hl;ll. . i I llll 'I '\ ~t t 11!\tI]I!t.i I! i j I H I 1 ~ I .!: II '.IH , Ij, ! 1 j 11 \llt 1\ J II! !lIilmlHlI i 1; ~',); \ 11l1: ,. :. ., . . :J. . . i" i :0, . , 1 I ~ U ~ ........ ;h ~ If1i; ~ ~ jt J Q ~ I hll! "f,'" ~,."i ~ 5 ! .; '1 H -;.. ::;: i. j' .l'~. .::J ~. to ~ c:.: = c."_ \ .,~, ~ ! ~ J t "' ,~ .S '~r ~,\ " , Z~ ~ ~h li!1~ i ~ ','./HI >.101 P~~'j ... Q "'''" . -=!... -.. ~ ,:z.... _ II I( MASTER PLAN ~ .s: /') , .... .."" Conditions of Approval 04&,}7 Project name: Newport Place PUD (f.k.a. Stanford Park PUD) File number: LUAR 95-006 Reference: 2 sheets submitted bv Cotleur Hearina identified as 2nd submittal with Plannina and Zonina Department October 26. 1995 date stamp markina DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE -- , PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 1. The master plan shall be modified to X show compliance with the final determination regarding Palm Beach County Traffic Division and City staff's evaluation of the applicants traffic statement. 2. Add a note to the master plan X indicating that the project is subject to site plan review prior to permitting. 3. Specify on the rectified master plan X maximum density allowed for the Stanford Park PUD. Also show on the master plan the conversion computations that verify the proposed total of 596 ACLF and Convalescent Center beds does not exceed the maximum allowed density for the entire PUD. The following City adopted conversion factor shall be used: Total gross acreage within the PUD (times) maximum allowed density per acre (times) 2.3 = maximum number of beds ~'10" Oq~,J-7 Conditions of Approval Newport Place PUD LUAR 95-006 DEPARTMENTS INCLUDE REJECT * 4. The zoning code limits the maximum X number of driveways from a single road to two (2) . If this maximum is to be exceeded, as indicated on the master plan, then relief from this requirement must also be requested through the variance process. A parking lot variance (File No. PKLV 95-006) to increase the number of driveways from two (2) to four (4) is being processed concurrently with this request. Amend the master plan to show the results of the variance and reference on the master plan the City Commission's action regarding the variance. 5. Submission of a rectified master plan X showing compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department in triplicate prior to site plan review of the project. .. I * Other Conditions: The parking lot variance was approved, conditioned upon the southernmost driveway being limited to egress only. MEH:dim xc: Central File a:CondAppl.new . MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 not be recorded or provided to the applicant until the conditions are met. Approval on that basis will eliminate the need for the applicanttD come back before the CDmmissiDn. Motion Commissioner Jaskiewicz moved to approve the abandonment of Miner Road subjea to the conditions being rectified prior to the Resolution being prepared. Commissioner Rosen seconded the mDtion. Mayor Pro Tem Matson asked Commissioners Jaskiewicz and Rosen if they would agree to delete Condition #2. Both were agreeable. . The motion carried 4-0. Mr. Harris confirmed with Mayor Taylor that he must comply with Comments #1, 3, 4, 5 and 6. With reference to Comment #5, the City is only concerned about Waste Management, Florentine Marble and Rollyson. . Attorney Cherof reminded everyone that all paperwork in the agenda package is part of the public record. Exhibit "F" is a list of the administrative conditions. This is a new form prepared by Ms. Heyden and Mr. Hukill which will attempt to simplify the Commission's review. When the development order is prepared, the document can be used as a check off to show "included" or "rejected", and it will expedite the preparation of the development order. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place PUD {f.k.a. Stanford Park PUDl Donald E. Hearing Newport Place Associates ltd. Southwest corner of Hypoluxo Road and NW 7th Court FUTURE lAND USE AMENDMENT/REZONING - Request to amend the Comprehensive Plan Future land Use Map from Low Density Residential to High Density Residential for a 23 acre, existing planned unit development {PUD) and a 1.59 acre tract and to rezone the 1.59 acre tract from R-1-AAB (single- family residential) and the PUD to Planned Unit Development (PUD w/LUI-5l to add a 120 bed assisted living facility. Donalda..".;... ta.........p" a...hit...-t and land plannpr. ~l'PVIItil1l N..wport Pla.::e, introduced Ron Ehler, Managing and General Partner of Newport Place, and Steve Gillespie, landscape Architea. He summarized the request by noling that the staff report clearly outlines the request. The applicant is requesting a reclassification of the land use on the property so that completion of the campus master plan can be accomplished. To the west is High Point Country Club; to the north is Hypoluxo Road; to the east are large-lot residential homes which are separated from NW 7th Court by a planed landscape buffer preserve area which was put In place when the original PUD was approved for Stanford Place. Newport Place intends to add an additional 12o-bed assisted living facility. This . will fill the gap in health care services provided at Newport Place. There is already an assisted adult 13 ~ ~ .~ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 . cDngregate living facility existing DO site. This will add the assisted living facility which wilt provide a greater level of services needed by the elderly. There is an existing nursing hDme located at the extreme northwest of the property. In addition to the request for the reclassification of the land, the applicant will be adding additional parking to the PUD which were not added in the past. Those areas include Lots 7 and B on the east side of NW 7th Court. They will also be rezoned so that they are consistent with the overall PUD master plan. Mr. Hearing advised that the Land Development Regulations require that seven criteria be evaluated for approval of an amendment, or rezoning of the Comprehensive Plan. The seven criteria are outlined on Pages 4 through 7 of the staff report (Planning & Zoning Department Memorandum No. 95-692). Staff finds that each of the criteria have been met and the proposal is consistent with the criteria and land use plan. A variance component invDlving access drives is included and will be discussed following review of this request. MI. Ehler has been in contact with the neighbors and all surrounding properties in an effort to be a good neighbor. The applicant is unaware of any opposition. Ms. Heyden explained that this request involves two issues - a land use and a rezoning. lots 7 and B will be added. These lots were brought into the use to provide access to the PUD. They will be added to the PUD and rezoned to PUD. The land use Slays the same, but the density increases. With the addition of Lots 7 and 8, the entire PUD is increasing by only \.59 acres. This application is considered a large-scale land use amendment, and as such, must be reviewed and approved by the Department of Community Affairs. . Staff recommends approval subject to the staff comments in Exhibit "F". In addition, the Planning and Development Board also recommends approval. MA VOR T AYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. Mayor Pro Tem Matson said this property was useless for a very long time. About four years ago, Mr. Ehler worked long and hard with Scott Miller and herself to tum this property into a burgeoning senior center. They have done an exceptional job, and they are very visible in the community. They have been very good neighbors. She was extremely pleased to approve this project. Motion Mayor ~ro Tem Matson moved to amend the Comprehensive Plan Future Land Use Map from low Density Residential to High Density Residential for a 23 acre existing planned unit development (PUD), and a 1.59-acre tract at Newport Place, southwest comer of Hypolweo Road and NW 7th Court, and to rezone the \.59-acre tract from R-l-M8 (single-family residential) and the PUD to Planned Unit Development (PUD w/LUI- SI to add a 12o.bed assisted living facility, including comments in Exhibit "F". Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz commended Ms. Heyden for the thorough and comprehensive investigation she provided with regard to this request. Any questions or concerns she might have had were I addressed before she could think ofthem. The back-up material was excellent. 14 -~-".,~".~ . MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 f-. > The motion carried 4-0. E. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and NW 7th Court PARKING LOT VARIANCE - Request for relief from the City of Boynton Beach laRd Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.7 "Number of Driveways" to allow two (2) additional driveways onto Northwest 7th Court. Donald Hearing..representing..Ne.wporlPIace, advised that this is a companion to the previous request. The City Land Development Regulations within PUDs limit the number of access points that can be provided to two (2). At the present time, two access points exist on the easterly portion of the Newport Place master plan. The applicant is proposing that two additional access points be provided from NW 7th Court. Staff is recommending approval of only one additional access and has expressed concern about the second access which would be located in.front of the facility. . At the Planning and Development Board meeting, discussion took place regarding approval of the two access points. It is possible to make the project work with only one additional access; however, the applicant feels circulation would improve with the addition of the two accesses. Staff has recommended approval of only one additional access which will provide access to the rear of the facility where most of the services take place. The applicant would like to have the two acce~s points in order to segregate the vehicular traffic associated with the customers from the traffic associated with services. Mr. Hearing requested the Commission's consideration of approval of the two access driveways. Ms. Heyden advised that staff is recommending approval of the southernmost driveway, not the center drive which is located in front of the building. The reasons for this decision involve the fact that the R-l-M property in close proximity to this project is undeveloped at the present time. Staff has no way of knowing how this property will be developed. If it becomes a subdivision, there will be multiple access points. Staff feels it is in the City's best interest to limit as many additional access points onto NW 7th Court as possible at this time. In response to Mayor Taylor's question, Ms. Heyden advised that NW 7lh Court presently dead-ends; however, ihe possibility exists that It could extend through to Miner Road and have multiple street connections to serve the undeveloped property. Mayor Taylor questioned how the second access drive would affect the property to the south. Ms. Heyden explained that the reason for the requirement in the Code is to limit access points so as not to negatively impact the traffic on the road. Attempts are made to channel traffic to the access points so that backlogs of traffic are on site, not on the road system. . MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. 15 ...,-",.~....,.~",.m~"'"""lC-'~'~ ~ MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1995 Tara Oaks PUD was tabled. Mr. Wische questioned whether the application for the Hills of Lake Eden was postponed because they have a new attorney. Ms. Heyden advised that the residents have hired an outside planner, and the applicant has agreed to meet with that planner. 7. NEW BUSINESS: A. PUBLIC HEARING Future Land Use Amendment/Rezoning 1. Project: Agent: Owner: Location: Description: Newport Place PUD (f.k.a. Stanford Park PUD) Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and N. W. 7th Court Request to amend the Comprehensive Plan Future land Use Map from low Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1.59 acre tract and to rezone the 1.59 acre tract from R-I-AAB (single-family residential) and the PUD to Planned Unit Development (PUD w/LUI = 5) to add a 120-bed assisted living facility. Ms. Heyden made the presentation. The new master plan reflects a new 120-bed assisted living facility to be added to the existing health care facilities already on site. The addition of the] .59 acres would increase the size of the PUD from 23 acres to 24.77 acres. Because this is a request for a property of more than ] 0 acres and a density greater than 10 units per acre, it is a large-scale land use amendment which must be processed through the DCA. The adjacent land uses Inciude Hypoluxo Road to the north and NW 7th Court to the northeast. Farther northeast in the County is a day care center. To the east is NW 7th Court and large lot single-family homes In the County. To the south Is undeveloped R-] -AAB land, and to the west is High Ridge Country Club. A 120-bed nursing home known as RIdge Terrace, a 356 bed ACLF known as Newport Place, and a medical office building currently exist on this property. This request would change the land use in the existing PUD and the 1.59 acre tract, and change the density maximum from 4.84 units per acre to a maximum of 10.8 dwelling units per acre. The setbacks which were established with the origlnal master plan remain unchanged. 7 MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1995 There are two new two-way driveways off the west side of NW 7th Court into the portion of the site proposed for the new ACLF. The 1.59 acre tract has an existing 60' wide public right-of-way constructed on It which will remain as Is. This connects NW 7th Court to High Ridge Road. This was done a few years ago to Increase the accessibility to the PUD due to medians that exist within Hypoluxo Road. Utilities are available to the site. With regard to drainage, a parking lot has been demolished In the area proposed for the building. Several years ago, to compensate for this loss of parking, additional parking was built further to the north. Drainage concurrency certit1catlon Is required; however, there is insufficienc Information to certify for that concurrency. Two new two-way driveways are proposed which will Impact the existing access points and internal traffic flow. Access to Newport Place Is currently provided by two existing driveways on NW 7th Court, and two existing cross-access points that allow access to the Newport Place site. The applicant has requested a variance to allow a total of four driveways to the site. Discussion with the County Traffic Engineer revealed that they are somewhat behind schedule because of the holidays; however, the concurrency certification Is expected to be acceptable and will be forthcoming prior to the City Commission meeting. Because the project houses elderly Individuals and most of them do not use vehicles, there Is little impact expected on the surrounding road network. There are no City Codes requiring recreation for this use; however, there are private recreational opportunities prOVided as part of the Newport Place amenities package offered to the residents. When rezoning applications are processed, staff is required to address certain Issues In the zoning code. Those issues were delineated in Planning & Zoning Department Memorandum No. 05-962 dated December 8, 1995. Based on the analysis and discussion contained In the back-up material, staff found this request to be consistent with the Comprehensive Plan and the Land Development Regulations, subject to staff comments summarized in exhibit "F". Staff recommends approval of these requests for land use amendment and rezoning of Newport Place/Stanford Park PUD, subject to staff comments Indicated within exhibit "F". In response to Mr. Beasley's question, Mr. Haag advised that NW 7th Court dead ends at the south end of the PUD. Vice Chalnnan Golden is of the opinion that there is private property located beyond that point. Steve Gillespie, with Codeur Hearing, Inc., represented Newport Place. He advised that the applicant is in agreement with staff comments. 8 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Motion Vice Chairman Golden moved to approve the minutes of the December 12, 1995 meeting. Mr. Wische seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms. Heyden reported on the following items: Tara Oaks PUD Master Modification - In the past, master plan modifications have not gone back to the City Commission after being reviewed by the Planning and Development Board. However, the Land Development Regulations were changed last April, and master plan modifications are now going back to the City Commission after being reviewed by the Planning and Development Board. In this case, the City Commission approved the revisions to the conditions that were brought up by the applicant, as well as clarification regarding the traffic issue. Newport Place PUD Land Use Amendment and Rezoning - This was approved by the City Commission and will be forwarded to the Department of Community Affairs. High Ridge Commerce Park PID Use Approval - The City Commission approved this, subject to all staff comments. Waste Management of Palm Beach South Major Site Plan Modification - The City Commission agreed with the Planning and Development Board's recommendation for approval, subject to staff comments, with the exception of the comments that dealt with platting and rezoning. Newport Place Parking Lot Variance - The applicant requested two additional driveways onto N.W. 7th Court. The City Commission allowed the northernmost driveway, but the southern driveway has to be one way only. 2 - I I i I i i MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 16, 1996 Commissioner Tillman continued to express concem about the closeness of this event to the Church and the fact that it was being held on Mother's Day. Mayor Taylor requested that special consideration be given to services going on at the Church. The representatives offered to slow down the event to have it begin at the Hideway Lounge at 1 :30 p.m. They could also extend the event until 5:00 p.m. to make up for the delay earlier in the day. The motion carried unanimously. x. LEGAL: Re: /LP' tlL land Lise A. Ordinances - 2nd Reading - PublJc Hearing 1. Proposed Ordinance No. 096-26 Amendment - Newport Place . Future Attorney Cherof read Proposed Ortfnance No. 096-26 by title only. . MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-26 on second and final reading. Commissioner Tillman seconded 1he motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 096-27 Place Re: Rezoning - Newport . C/~c vI )1 LJ_ Attorney Cherof read Proposed Ordinance No. 096-27 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Titcomb moved to approve the Orcli1ance as read. Vice Mayor Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 23 Re: Provide for definition '~I / ~. ..14: 1 I ' f ,.'-", ~-"-"; i/'--. ~ .'.... -- ' , r . 3. Proposed Ordinance No. 096-28 of house eaves MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 not be recorded or provided to the applicant until the cDnditions are met. Approval on that basis will eliminate the need for the applicant to come back before the Commission. Motion CommissiDner Jaskiewicz moved to approve the abandonment of Miner Road subject to the conditions being rectified prior to the Resolution being prepared. Commissioner Rosen seconded the motion. Mayor Pro Tem Matson asked Commissioners Jaskiewicz and Rosen if they wDuld agree to delete ConditiDn #2. Both were agreeable. The motion carried 4-0. Mr. Harris confirmed with Mayor Taylor that he must comply with Comments #1,3,4,5 and 6. With reference to Comment #5, the City is Dnly concerned about Waste Management, Florentine Marble and Rollyson. Attorney Cherof reminded everyone that all paperwDrk in the agenda package is part Df the public record. Exhibit "F" is a list Df the administrative conditions. This is a new form prepared by Ms. Heyden and Mr. Hukill which will attempt to simplify the Commission's review. When the development order is prepared, the document can be used as a check off to show "included" or "rejected", and it will expedite the preparation of the development order. D. PROJECT NAME: AGENT: OWNER: lOCATION: DESCRIPTION: Newport Place PUD (f.k.a. Stanford Park PUD) DDnald E. Hearing Newport Place Associates Ltd. Southwest comer of Hypoluxo Road and NW 7th Court FUTURE LAND USE AMENDMENT/REZONING - Request to amend the Comprehensive Plan Future land Use Map from lDW Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1.59 acre tract and to rezone the 1.59 acre tract from R-1-AAB (single- family residential) and the PUD to Planned Unit DevelDpment (PUD w/lUI- 5) to add a 120 bed assisted living facility. Donald Hearing.. Iand...'1p" architect andJillldpJan....r. r~r.....ntinll Newport Place, introduced Ron Ehler, Managing and General Partner of Newport Place, and Steve Gillespie, landscape Architect. He summarized the request by noting that the staff report clearly Dutlines the request. The applicant is requesting a reclassificatiDn of the land use on the property so that completion Df the campus master plan can be accomplished. To the west is High Point Country Club; to the nDrth is Hypoluxo Road; tD the east are large-lot residential homes which are separated from NW 7th Court by a platted landscape buffer preserve area which was put in place when the original PUD was approved for Stanford Place. Newport Place intends to add an additional 12D-bed assisted living facility. This will fill the gap in health care services provided at Newport Place. There is already an assisted adult 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA DECEMBER 19, 1995 congregate living facility existing on site. This will add the assisted living facility which will provide a greater level of services needed by the elderly. There is an existing nursing home located at the extreme northwest of the property. In addition to the request for the reclassification of the land, the applicant will be adding additional parking to the PUD which were not added in the past. Those areas include Lots 7 and 8 Dn the east side of NW 7th Court. They will also be rezoned so that they are consistent with the overall PUD master plan. Mr. Hearing advised that the Land Development Regulations require that seven criteria be evaluated for approval of an amendment, or rezoning of the Comprehensive Plan. The seven criteria are outlined on Pages 4 through 7 Df the staff report (Planning & Zoning Department Memorandum No. 95-692). Staff finds that each of the criteria have been met and the pr-oposal is consistent with the criteria and land use plan. A variance compDnent involving access drives is included and will be discussed. fDllowing review Df this request. Mr. Ehler has been in contact with the neighbors and all surrounding properties in an effort to be a good neighbor. The applicant is unaware of any opposition. Ms. Heyden explained that this request involves two issues - a land use and a rezoning. lots 7 and 8 will be added. These lots were brought into the use tD provide access to the PUD. They will be added to the PUD and rezoned to PUD. The land use stays the same, but the density increases. With the addition of Lots 7 and 8, the entire PUD is increasing by only 1.59 acres. This application is cDnsidered a large-scale land use amendment, and as such, must be reviewed and approved by the Department of Community Affairs. Staff recommends approval subject to the staff CDmments in Exhibit "F". In addition, the Planning and Development Board also recommends approval. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. Mayor Pro Tem Matson said this property was useless for a very long time. About four years ago, Mr. Ehler worked long and hard with Scott Miller and herself to turn this property into a burgeoning senior center. They have done an exceptional job, and they are very visible in the community. They have been very good neighbors. She was extremely pleased to approve this project. Motion Mayor Pro Tem Matson moved to amend the Comprehensive Plan Future land Use Map from Low Density Residential to High Density Residential for a 23 acre existing planned unit development (PUD), and a 1.59-acre tract at Newport Place, southwest comer of Hypoluxo Road and NW 7th Court, and to reZDne the 1.59-acre tract from R-1-AAB (single-family residential) and the PUD to Planned Unit Development (PUD w/lUI- 5) to add a 12D-bed assisted living facility, including comments in Exhibit "F". Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz commended Ms. Heyden for the thorough and comprehensive investigation she provided with regard to this request. Any questions or concerns she might have had were addressed before she cDuld think of them. The back-up material was excellent. 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 The motion carried 4-0. E. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place Donald E. Hearing NewpDrt Place Associates Ltd. Southwest corner of HypoluxD Road and NW 7th Court PARKING LOT VARIANCE - Request for relief from the City of Boynton Beach lastd Development Regulations, Chapter 23 - Parking Lots, Artide II, Section H.7 "Number of Driveways" to allow two (2) additional driveways ontD Northwest 7th Court. Donald Hearing.J"epresentin~wpnrtJ'lace, advised that this is a companion to the previous request. The City Land Development Regulations within PUDs limit the number of access points that can be provided to twD (2). At the present time, two access points exist on the easterly portion of the Newport Place master plan. The applicant is proposing that two additional access points be provided from NW 7th Court. Staff is recommending approval of Dnly one additional access and has expressed concern about the second access which would be located in front of the facility. At the Planning and Development Board meeting, discussion took place regarding approval of the twD access points. It is possible to make the project work with only one additional access; however, the applicant feels circulation would improve with the addition of the two accesses. Staff has recDmmended approval Df only one additional access which will provide access to the rear Df the facility where most of the services take place. The applicant would like to have the two access points in order to segregate the vehicular traffic associated with the customers from the traffic associated with services. Mr. Hearing requested the Commission's consideration of approval of the two access driveways. Ms. Heyden advised that staff is recommending approval of the southernmost driveway, not the center drive which is located in front of the building. The reasons for this decision involve the fact that the R-'-AA property in close proximity to this project is undeveloped at the present time. Staff has no way of knowing how this property will be developed. If it becomes a subdivision, there will be multiple access points. Staff feels it is in the City's best interest to limit as many additional access points onto NW 7th Court as possible at this time. In response to Mayor Taylor's question, Ms. Heyden advised that NW 7th Court presently dead-ends; hDwever, ihe possibility exists that it could extend through to Miner Road and have multiple street connections to serve the undevelDped property. Mayor Taylor questioned hDW the second access drive would affect the property to the south. Ms. Heyden explained that the reason for the requirement in the Code is to limit access points so as not to negatively impact the traffic on the road. Attempts are made to channel traffic to the access points so that backlogs of traffic are on site, not Dn the road system. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. 15 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 asked why that was put in there if there is no maximum. City Manager Parker explained that the 100 square feet pertains to the front yards only. She referred to the last paragraph on page 3 of the ordinance which states. "The total areas void ot landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any pervious area visible from a oublic or orivate rieht-of-wav. excluding alleys abutting rear yards. When such 'dead spots' occur, they'will be sodded or seeded to reestablish grass, landscaping or groundcover." This paragraph had been amended to include the words "area visible from a public or private right-of-way". A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances -1st Reading 1. Proposed Ordinance No. 096-26 Re: Future Land Use Amendment - Newport Place City Attorney Cherot read Proposed Ordinance No. 096-26 by title only. Motion -- Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-26 subject to the conditions set forth on Exhibit "D". Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 096-27 Re: Rezoning - Newport Place City Attorney Cherof read Proposed Ordinance No. 096-27 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-27. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 096-28 Re: Provide for definition of house eaves City Attorney Cherof read Proposed Ordinance No. 096-28 by title only. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2,1996 asked why that was put in there if there is no maximum. City Manager Parker explained that the 100 square feet pertains to the front yards only. She referred to the last paragraph on page 3 of the ordinance which states, "The total areas void of landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any pervious area visible trom a oublic or orivate riaht-of-wav. excluding alleys abutting rear yards. When such 'dead spots' occur, they'will be sodded or seeded to reestablish grass, landscaping or groundcover." This paragraph had been amended to include the words "area visible from a public or private right-of-way". A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances" 1st Reading 1. Proposed Ordinance No. 096-26 Re: Future land Use Amendment - Newport Place City Attorney Cherof read Proposed Ordinance No. 096-26 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-26 subject to the conditions set forth on Exhibit "0". Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 096-21 Re: Rezoning - Newport Place City Attorney Cherof read Proposed Ordinance No. 096-27 by title only. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-27. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 096-28 Re: Provide for definition of house eaves City Attorney Cherot read Proposed Ordinance No. 096-28 by title only. 24 ;. . ~ C Y of BOYNTON BEACH 120 E. Boynton Beacn Blvd. POBOX 310 Boynton Beach, Florida 33425-0310 (305) 734-8111 OFFICE OF THE PLANNING DIRECTOR @ 28 August 1985 Hr. John Horgan Vice President HcHoye Construction Corporation PO Box 9019 winter Haven, FL 33883 Dear 1-1r. Horgan: The purpose of this l~tter is to respond to your request for a list of the anproved uses at the Stanford Park Planned unit Development. In that reqard, vou will find accompanvinq this letter, a xerox copy of the data which appeared on the legend of the plans which are on file in my office and a copy of a Final Waiver of Lien which has the legal description of record. As noted on the site data sheet, the approved uses are as follows: 1. A 120-bed Convalescent Center. 2. A 220-unit Adult Congregate Living Facility. 3. A medical office building. There is one correction to the site data sheet. As a part of the City Council approval of these plans, the size of the medical of- fice building was reduced to 6,000 square feet. If you have any questions after having read this letter, please do not hesitate to contact me. Yours very truly, CITY OF BOYNTON BEACH C~j'~ Carmen S. Annunziato Planning Director /bks cc: Central File ! (lr i I' i lltlll]"; . .. , . t:,,- ,-to ..tLtf'lij'j' T . .,., < . I .. - f f' ~rr' j .r'll ' T'" r' ~- I ! " fil[jHirdj11 iiJ d 11'11 JHj . ~;:htW;I,' -II H 1. If S , f ,p;,lr-F~; Itj~ ~l ~ il- d I ~ < Fj ,r" >, I. !L 1 . - I'j tif' q, 11 I ' ~ ] . ,f f' ~ ~: 'T! · It! ' !.A'Wfl;1 l-! ,>t~i;' - .~{ H t: ~ !: j , .l. ~ - 'r ;:--( , ..--- l~i ~ ,I iffl H" Oli,,:.,"-;; ~ en ..J i'.,l rz~"i!! l- ,_:._.5 e I ' ;" 3'~ ,i1~[i'" : ~::!;~ !/.,' S'.,;HiH ~ _ .. . t . -.. 'Ii ~ ---mI't'rj ,- ~l -: (~;! --.I :;:l f ; ! t , "'tl ; " ~ >t"'" ., .-., :'l:!! i: ~ i.; .c,' · - ~ ~,~ ij; ; Z _ i', i"H i ~:;; ~ - - >. ,'"'''' ! ..... ~ '" ;,~ " o ~ !i';:O!':c....,..:;.. :: ~.f: t ~ ~ ~-., 1 r"'" i!=' ... 10 :~ Iflt[!?t!H!!!i;f!II;~if i i. ".~.. < .~.1-!~ ..r,' - It if Hi "I" ~ I! ,r i r' i" ! i ;. ~J j i -;. ~ ,,;;; ~ ~ !,d'2 ~:0 ~~ I.J' .,of, . b~~-"ft;! Wb' GJ I ~ " ::n 3. C !}""t ~ ~ ...... ~ ("j ~ .!' i toZ ..", i i ~,f . l~ n~ tis" o ~ \ - ---~- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 not be recDrded or provided to the applicant until the conditions are met. Approval on that basis will eliminate the need for the applicant to come back before the Commission. Motion Commissioner Jaskiewicz moved to approve the abandonment of Miner Road subject to the conditions being rectified prior to the Resolution being prepared. Commissioner Rosen seconded the motion. Mayor Pro Tem Matson asked Commissioners Jaskiewicz and Rosen if they would agree to delete Condition #2. Both were agreeable. . The motion carried 4-0. Mr. Harris confirmed with Mayor Taylor that he must comply with Comments #1, 3, 4, 5 and 6. With reference to Comment #5, the City is only concerned ;lbout Waste Management, Florentine Marble and Rollyson. Attorney Cherof reminded everyone that all paperwork in the agenda package is part of the public record. Exhibit "F" is a list of the administrative conditions. This is a new form prepared by Ms. Heyden and Mr. Hukill which will attempt to simplify the Commission's review. When the development order is prepared, the document can be used as a check off to show "included" or "rejected", and it will expedite the preparation of the development order. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place PUD If.k.a. Stanford Park PUD) Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and NW 7th Court FUTURE LAND USE AMENDMENT/REZONINC - Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1.59 acre tract and to rezone the 1.59 acre tract from R-1-AAB (single- family residential) and the PUD to Planned Unit Development (PUD w/LUI- 5) to add a 120 bed assisted living facility. Donald t1~ari.., ta......."P'" architl!Ct and land plan....r. r~l'f'Wnfi.. Newport Place, introduced Ron Ehler, Managing and General Partner of Newport Place, and Steve Cillespie, landscape Architect. He summarized the request by noting that the staff report clearly outlines the request. The applicant is requesting a reclassification of the land use on the property so that completion of the campuS master plan can be accomplished. To the west is High Point Country Club; to the nDrth is HYPDluxo Road; to the east are large-lot residential homes which are separated from NW 7th Court by a platted landscape buffer preserve area which was put in place when the original PUD was approved for Stanford Place. Newport Place intends to add an additional 12o-bed assisted living facility. ThiS will fill the gap in health care services provided at Newport Place. There is already an assisted adult 13 "'ll MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 o congregate living facility existing on site. This will add the assisted living facility which will provide a greater level of services needed by the elderly. There is an existing nursing hDme located at the extreme northwest of the property. In addition to the request for the reclassification of the land, the applicant will be adding additional parking to the PUD which were not added in the past. Those areas include Lots 7 and 8 on the east side of NW 7th Court. They will also be rezoned so that they are consistent with the overall PUD master plan. Mr. Hearing advised that the Land Development Regulations require that seven criteria be evaluated for approval of an amendment, or rezoning of the Comprehensive Plan. The seven criteria are outlined on Pages 4 through 7 of the staff report (Planning & Zoning Department Memoranduni No. 95-692). Staff finds that each of the criteria have been met and the proposal is consistent with the criteria and land use plan. A variance component involving access drives is included and will be discussed. following review of this request. Mr. Ehler has been in contact with the neighbors and all surrounding properties in an effort to be a good neighbor. The applicant is unaware of any opposition. Ms. Heyden explained that this request involves two issues - a land use and a rezoning. Lots 7 and 8 will be added. These lots were brought into the use to provide access to the PUD. They will be added to the PUD and rezoned to PUD. The land use stays the same, but the density increases. With the addition of Lots 7 and 8, the entire PUD is increasing by only 1.59 acres. This application is considered a large-scale land use amendment, and as such, must be reviewed and approved by the Department of Community Affairs. (1 \..J Staff recommends approval subject to the staff comments in Exhibit "F". In addition, the Planning and Development Board also recommends approval. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. Mayor Pro Tem Matson said this property was useless for a very long time. About four years ago, Mr. Ehler worked long and hard with Scott Miller and herself to turn this property into a burgeoning senior center. They have done an exceptional job, and they are very visible in the community. They have been very good neighbors. She was extremely pleased to approve this project. Motion Mayor PrO' Tem Matson moved to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to High Density Residential for a23 acre existing planned unit development (PU Dl, and a 1 .59-acre tract at Newport Place, southwest comer of Hypolweo Road and NW 7th Court, and to rezone the 1.59-acre traa from R-l-MB (single-family residential) and the PUD to Planned Unit Development (PUD w/LUI-5) to add a 12o.bed assisted living facility, including comments in Exhibit "F". Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz commended Ms. Heyden for the thorough and comprehensive investigation she provided with regard to this request. Any questions or concerns she might have had were addressed before she could think of them. The back-up material was excellent. / 14 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA DECEMBER 19, 1995 The motion carried 4-0. E. PROJECT AGENT: OWNER: LOCATION: DESCRIPTION: Newport Place Donald E. Hearing Newport Place Associates it Southwest corner of Hyp UXD Road and NW 7th Court PARKING lOT VARIA E - Request for relief from the City of Boynton Beach LaRd evelopment Regulations, Chapter 23 - Parking Lots, Article ,Section H.7 "Number of Driveways" tD allow two (2) addif nal driveways onto Northwest 7th Court. Donald Hearing..representin ~Iace. advised t t this is a companion to the previous request. The City Land DevelDpment Regu tions within PUDs imit the number of access points that can be provided to two (2). At the present 'me, two access nts exist on the easterly portion of the Newport Place master plan. The applicant is roposing that tw additional access points be provided from NW 7th Court. Staff is recommending a roval of only e additional access and has expressed concern about the second access which wou be located i front of the facility. At the Planning and Development Boa d meetin discussion took place regarding approval of the two access points. It is possible to make t pro; work with only one additional access; however, the applicant feels circulation would im rove ith the addition of the two accesses. Staff has recommended approval of only one a itio I access which will provide access to the rear of the facility where most of the services take pi e. The applicant would like to have the two access points in order to segregate the vehicular traffic a iated with the customers from the traffic associated with services. Mr. Hearing requested the Co mission's consideration of approval of the two access driveways. Ms. Heyden advised that staff is recomm di g approval of the southernmost driveway, not the center drive which is located in front of the b Idin The reasons for this decision involve the fact that the R-l-M property in close proximity to S proj is undeveloped at the present time. Staff has no way of knowing how this property will be evelop . If it becomes a subdivision, there will be multiple access points. Staff feels it is in the C 's best i erest to limit as many ildditional access points onto NW 7th Court as possible at this tim . In response to Mayor Taylor's quest' ,Ms. Heyde advised that NW 7th Court presently dead-ends; however, ihe possibility exists th it could extend hrough to Miner Road and have multiple street connections to serve the undevel ped property. would affect the property to the south. Ms. the Code is to limit access points so as not to de to channel traffic to the access points so Mayor Taylor questioned how he second access dri Heyden explained that the re n for the requirement i negatively impact the traffic 0 the road. Attempts are that backlogs of traffic are 0 site, not on the road syste MAYOR TAYLOR ANNO NCED THE PUBLIC HEARING\ " 15 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 8 working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planning and Zoning Department PREPARED BY: Michael Rumpf DATE PREPARED: November 9, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Reclassifying and rezoning PUD at the southwest corner of Hypoluxo Road and Northwest 7th Ct. (A.K.A. Stanford Park PUD) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type size, Section Placement, Black Border, etc.) as required by Florida Statutes ( /Y]/MUL.-, . SEND COPIES OF AD TO: Newsnaner. Planninw np..n~rtmEmt_ Nntic.p to pro:Dprt';p~ within 400 feet of request. NEWSPAPER(S) TO PUBLISH: The News DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ~ ~~ ~/~-'1.A- (Department ead) . (1 ) ( 2 ) (City Attorney) (Date) (3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: r; MINUTES PLANNING 8[ DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER t 2, t 995 ( Tara Oaks PUD was tabled. Mr. Wlsche questioned whether the application for the Hills of lake Eden was postponed because they have a new attorney. Ms. Heyden advised that the residents have hired an outside planner, and the applicant has agreed to meet with that planner. 7. NEW BUSINESS: A. PUBLIC HEARING Future Land Use AmendmenclRezonlng 1. Project: Agent: Owner: Location: Description: Newport Place PUD (f.k.a. Stanford Park PUD) Donald E. Hearing Newport Place Associates Ltd. Southwest corner of Hypoluxo Road and N.W. 7th Court Request to amend the. Comprehensive Plan Future land Use Map from Low Density Residential to High Density Residential for a 23 acre, existing planned unit development (PUD) and a 1.59 acre cract and to rezone the 1.59 acre cract from R-I-AAB (single-family residential) and the PUD to Planned Unit Development (PUD w/LUI = 5) to add a 120-bed assisted living facility. .. Ms. Heyden made the presentation. The new master plan reflects a new 120-bed assisted living facility to be added to the existing health care facilities already on site. The addition of the 1.59 acres would Increase the size of the PUD from 23 acres to 24.77 acres. Because this is a request for a property of more than 10 acres and a density greater than 10 units per acre, it is a large-scale land use amendment which must be processed through the DCA. The adjacent land uses include Hypoluxo Road to the north and NW 7th Court to the northeast. Farther northeast In the County Is a day care center. To the east is NW 7th Court and large lot single-family homes in the County. To the south is undeveloped R-l-AAB land, and to the west is High Ridge Country Club. A 120-bed nursing home known as Ridge Terrace, a 356 bed ACLF known as Newport Place, and a medical office building currently exist on this property. This request would change the land use In the existing PUD and the 1.59 acre tract, and change the density maximum from 4.84 units per acre to a maximum of 10.8 dwelling units per acre. The setbacks which were established with the original master plan remain unchanged. . 7 MINUTES PLANNING 8t DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1995 There are two new two-way driveways off the west side of NW 7th CoIDt Into the portion of the site proposed for the new ACLF. The 1.59 acre tract has an existing 60' wide public right-of-way constructed on It which will remain as Is. This connectS NW 7th Court to High Ridge Road. This was done a few years ago to increase the accessibility to the PUD due to medians that exist within Hypoluxo Road. Utilities are available to the site. With regard to drainage, a parking lot has been demolished in the area proposed for the building. Several years ago, to compensate for this loss of parking, additional parking was built further to the north. Drainage concurrency certification is required; however, there is insufficient infonnatlon to certify for that concurrency. Two new two-way driveways are proposed which will Impact the existing access points and internal traffic flow. Access to Newport Place is currently provided by two existing driveways on NW 7th Court, and two existing cross-access points that allow access to the Newport Place site. The applicant has requested a variance to allow a total of four driveways to the site. Discussion with the County Traffic Engineer revealed that they are somewhat behind schedule because of the holidays; however, the concurrency certlllcatlon Is expected to be acceptable and will be forthcoming prior to the City Commission meeting. Because the project houses elderly individuals and most of them do not use vehicles, there Is little impact expected on the surrounding road network. . There are no City Codes requiring recreation for this use; however, there are private recreational opportunities provided as part of the Newport Place amenities package offered to the residents. When rezoning applications are processed, staff is required to address certain issues in the zoning code. Those issues were delineated in Planning & Zoning Department Memorandum No. 05-962 dated December 8, 1995. Based on the analysis and discussion contained In the back-up material, staff found this request to be consistent with the Comprehensive Plan and the Land Development Regulations, subject to staff comments summarized In ExhIbit "F". Staff recommends approval of these requests for land use amendment and rezoning of Newport Place/Stanford Park PUD, subject to staff comments indicated within Exhibit "F" . In response to Mr. Beasley's question, Mr. Haag advised that NW 7th Court dead ends at the south end of the PUD. Vice Chainnan Golden is of the opinion that there is private property located beyond that point. Steve Gillespie, with Codeur Hearing, .lnc.1- represented Newport Place. He advised that the applicant is in agreement with staff comments. 8 / MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1995 r CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Modon Vice Chairman Golden moved to recommend approval of the request for Newport Place PUD, submitted by Donald E. Hearing, to amend the Comprehensive Plan Future land Use Map from low Density Residential to High Density Residential for a 23-acre, existing planned unit development (PUD) and a 1.59-acre tract and to rezone the 1.59-acre tract from R-] -AAB (Single-Family Residential) and the PUD to Planned Unit Development (PUD w/lUl = 5) to add a ] 20-bed assisted living facility, subject to staff comments. Mr. Beasley seconded the motion which carried unanimously. Modon Vice Chairman Golden moved to move the parking lot variance, Item 7-0.1, to after land use amendment and rezoning (Item 7-A-I). Mr. Beasley seconded the motion which carried unanimously. (( D. PARKING LOT VARIANCE 1. Project: Agent: Owner: location: Description: Newport Place Donald E. Hearing Newport Place Associates ltd. Southwest corner of Hypoluxo Road and NW 7th Court Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 23 - Parking lots, Article II, Section H.7 "Number of Driveways" to allow two (2) additional driveways onto NW 7th Court. Mr. Haag made the presentation. The Code section Involved reads as follows: "7. Number of driveways. No more than two (2) driveways shall be permitted from any property. Where properties abut more man one (1) public or private right-of-way, additional driveways may be permitted depending on trafflc volumes, but in no instance shall the number of driveways exceed two (2) on each street." Mr. Haag displayed an overlay which depicted the area discussed In me request. Staff reviewed the request and discussed it at the TRC meeting. Staff Is in favor of one additional driveway since it will help in servicing the site. However, staff does not feel there is enough '. 9 7.A.l NEWPORT PLACE PUD (f.k.a. STANFORD PARK PUD) PUBLIC HEARING Future Land Use Amendment/Rezoning PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-692 FROM: Chairman and Members Planning and Development Board ~;/ Tambri J. Heyden, !~ Planning and Zoning Director Michael W. Rumpf ~ Senior Planner TO: THRU: DATE: December 8, 1995 SUBJECT: NEWPORT PLACE (LUAR 95-006) Request for Land Use Amendment/Rezoning (A.K.A. Stanford Park Planned Unit Development) INTRODUCTION Cotleur Hearing, Inc., agent for Newport Place Associates, owner/operator of the Newport Place Adult Congregate Living Facility (ACLF), proposes to modify the existing Stanford Park PUD (Planned Unit Development) located at the southwest corner of Hypoluxo Road and Northwest 7th Court (see Exhibit "A"-Location Map). The proposed changes include the land use reclassification of the existing PUD from Low Density Residential land use classification to High Density, the land use reclassification from Low Density Residential to High Density Residential of an adjoining tract proposed to be incorporated into the PUD, and the rezoning of this tract from R-1-AAB (Single Family Residential) and the existing PUD to PUD with LUI=5, as accompanied by a new master plan showing the addition of a 120-bed assisted living facility (ALF) and the addition of the adjoining tract currently used for an alternative ingress/egress for the PUD. This southern entrance was created in June, 1993 following the acquisition and annexation of Lots #7 and #8 of the High Ridge Subdivision, and through the dedication of a portion of these lots for a public right-of-way between NW 7th Court and High Ridge Road. Since the lots would not be used for any purpose but ingress/egress, and to avoid modification to the PUD, when annexed, these lots were zoned comparable to the former county zoning, rather than to PUD. The use of this property will remain limited to accessway as indicated by the applicants and owner when these lots were annexed and incorporated into the traffic circulation plan of the Stanford Park PUD, who where also willing to place such limitations within the form of deed restrictions. These two lots represent 1.59 acres which would increase the size of the entire PUD from approximately 23 acres to 24.77 acres. It should be noted that the original master plan indicates total acreage as being 21.29 acres, which is apparently a discrepancy between the original and current surveys. This smaller figure is indicated below under the description of the original master; however, based on near similarity with that recorded in the current property appraiser's map, staff concurs with this 23-acre figure and therefore has used it within this report where existing density is estimated. Despite the 120-bed proposed addition, the master plan's intensity rating remains at 5 (LUI=5). PROCEDURE Pursuant to the Land Development Regulations, Chapter 2, Section 9- Administration and Enforcement, when a rezoning request requires an amendment to the Future Land Use Map, staff analyses shall include an evaluation of the project using the eight (8) criteria under Section 9 (C) (7). For this analysis please see the section below titled ISSUES/ DISCUSSION. As the applications also involve a planned zoning district, specific application requirements related to the proposed amendments to the master plan will also be analyzed. For specific information on the proposed revisions to the master plan, see the section below titled PROPOSED DEVELOPMENT. Also as a requirement in connection with a land use element amendment that involves property in excess of 10 acres (or density in excess of 10 units/acre), is the ultimate review by the Florida Department of Community Affairs (DCA). The DCA will conduct two reviews of this proposed amendment, first, following approval by the City Commission (prior to ordinance readings), and second, a compliance review following approval of the ordinance by the City. / Newport Place (LUAR 95-006) -2- December 8, 1995 ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: Direction Entitv North City Northeast City Farther northeast County East City Farther east County South City West City Zonina Land Use N!A N!A Hypoluxo Rd. NW 7th Court RS day care center N!A NW 7th Court RS large lot single family homes R-l-AA undeveloped REC High Ridge Country Club APPROVED AND PROPOSED DEVELOPMENT The applicant is proposing a new master plan to add a 120-bed assisted living facility to the Newport Place health care campus formerly known as Stanford Park. The land use intensity will remain at 5 (LUI=5). Information regarding site data for the existing Stanford Park PUD (see also Exhibit "B" - Approved Master Plan) is as follows: 1) Acreage: 21.29 acres (23 acres) 2) Land Use Classification: Low Density Residential w/4.84 units per acre 3) 4) Zoning District: PUD w/LUI:5.0 "Stanford Park" Permitted Uses: 1. 2 . 3. A 120-bed nursing home (Ridge Terrace) A 356-bed/220-unit ACLF (Newport Place) A medical office building 5) Current Uses: (see Exhibit "C" - Survey) Tract 1 - 120-bed convalescent center Tract 2 - open space/buffers-lakes/ponds Tract 3 - 6,300 square foot medical office building including open space/buffers-lakes/ponds Tract 4 - 356-bed ACLF Tract 5 - right-of-way and buffer Tract 6 - open space Tract 7 - open space with respect to the proposed development and request, master plan (see Attachment "D" - Proposed Master Plan) following new components: the proposed reflects the 1) A land use amendment that would change the PUD's and the 1.59-acre tract's (Lots #7 and #8, High Ridge Subdivision) existing Low Density Residential land use classification (4.84 units/acre maximum) to High Density Residential (10.8 units/acre maximum), and rezone this tract from R-1-AAB to the Stanford Park PUD w/LUI=5 as well as rezone the existing PUD (zoning designation does not change) to approve a new PUD master plan to incorporate this tract. 2) A two- and four-story, 120-bed assisted living facility (ALF) in the south portion of the site, which will be landscaped similar to the existing uses and contain associated parking. Please note that the building setbacks as established within the approved master plan (e.g. 40 foot front (east), 25 foot rear (west), 25 foot side (south) and 15 foot side (north)), will remain unchanged; ;2 Newport Place (LUAR 95-006) -3- December 8, 1995 3) Two (2), two-way driveways off of the west side of N.W. 7th Court into the portion of the site proposed for the new ALF; and 4) Addition of the 1.59-acre tract that is limited to an existing 60 foot wide public right-of-way. The property is located on the east side of N.W. 7th Court, directly east of the Newport Place ACLF. The public right-of-way connects N.W. 7th Court to High Ridge Road; The proposed master plan depicts the existing and proposed site configuration including the location of existing and proposed buildings for the entire PUD plus the adjacent property proposed to be reclassified and rezoned. That portion of the PUD where the proposed ALF and two new driveways are to be located, is circled and delineated with a symbol on the master plan. The following is an analysis of the basic impacts generated by the new master plan: UTILITIES: Confirmation has development are agencies. been received that all utilities for the proposed available and will be provided by the appropriate DRAINAGE: The 1988 site plan for the existing Newport Place ACLF originally depicted parking in the area where the new ALF is proposed. This site plan was later modified to omit the parking and relocate the spaces closer to the existing ACLF. A stormwater management plan for the existing project was previously permitted by the South Florida Water Management District (SFWMD). The impact of the proposed development will be subject to review by the South Florida Water Management District to determine whether the original SFWMD permit is to be modified. Although drainage concurrency certification is required at time of master plan approval, there is insufficient information to certify for drainage concurrency at this time. The City's engineering department agreed to allow drainage concurrency to be postponed to time of site plan review for the proposed building. The 1.59-acre tract proposed to be added to the master plan is as previously stated, an existing 60 foot wide City right-of-way and no changes are proposed to this use. ACCESS AND INTERNAL TRAFFIC FLOW: Two (2), two-way driveways to be added will impact the access points and internal traffic flow of the project. Access to Newport Place is currently provided by two existing driveways on N.W. 7th Court and two existing cross access points that allow access to the Newport Place site from the adjacent properties located in the PUD and north of the site. Three of the four existing access points, one of which is on N.W. 7th Court, provide access and traffic flow to the north portion of the existing Newport Place ACLF. The fourth and southern-most access point, which is located on N.W. 7th Court, facilitates access to and circulation around the proposed ALF. The two (2) new driveways are located on N.W. 7th Court, south of the existing southern-most driveway and directly east of that portion of the site proposed for the new ALF. However, pursuant to city code only two (2) driveways are allowed per parcel. The applicant is requesting the necessary variance (File No. PKLV 95-006) to allow a total of four driveways to the site in order to accommodate the two new driveways. The variance request is being processed concurrently with this request. The location of the existing access points and the proposed new driveways and internal traffic flow are shown in Exhibit "D" - Proposed Master Plan. The 1.59-tract proposed for incorporation into the PUD will remain a 60 foot wide City right-of-way with open space located to the north and south of the road right-of-way (to be maintained by the Newport Place Associates). In part to accommodate access to the west-bound lane of Hypoluxo Road via the lighted intersection at High Ridge Road, which is not allowed at the project's entrance (at NW 7th Court), this additional access point was created between High Ridge Road and NW 7th Court. Lastly, traffic concurrency comments on these requests have not yet been received by the City from Palm Beach County. .3 Newport Place (LUAR 95-006) -4- December 8, 1995 RECREATION: Although current city code does not require recreation for this use, private recreational opportunities are provided on site. TOPOGRAPHY, SOILS AND VEGETATION: The applicant has indicated that the soil tests taken on the proposed ALF site, determine that existing soils are suitable for construction of the proposed facilities. The tests indicate that the soils were generally in the SP or SP-SM soil groups (medium to fine sand) based on the Unified Soil Classification method. The water table was observed to be approximately four (4) feet (average) below existing ground elevation. As previously stated, the area to be developed for an ALF was originally improved as a parking lot. The land is presently graded and unimproved. SCHOOLS: No impact on schools is expected given the elderly age of existing and future residents of this development. ISSUES/DISCUSSION Pursuant to Section 9.C.7 of the Land Development Regulations, staff shall evaluate land use amendment/rezoning applications with respect to the following criteria: 1) WHETHER THE PROPOSED REZONING WOULD BE CONSISTENT WITH APPLICABLE COMPREHENSIVE PLAN POLICIES. The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically, the conversion of land to higher densities. The following Comprehensive Plan objectives, policies, and support document text, apply to the subject requests and are analyzed below: Ob1ective 1.17 - "Minimize nuisances, hazards, and other impacts to the general public, to property values, residential environments by preventing or minimizing conflicts."; and adverse and to land use policv 1.17.8 single-family conversions to - "Maintain and improve the character and lower-density neighborhoods, by higher densities." of existing preventing (The following limitations on commercial development have also been referenced since nursing homes are construed to be commercial uses for purposes of projecting demands for commercial land within the Comprehensive Plan. That shown in "( )" have been inserted by staff to provide an applicable, alternative interpretation) Future Land Use Support Document. paqe 40 - "Therefore the City should not change (intensify) the land use to (on) commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundarv ad1ustments, small infill parcels, or commercial uses of a highly specialized nature, which have special locational or site requirements, and therefore cannot be easily accommodated on already designated commercial areas." and "Commercial development particularly should not be located where it would adversely affect residentially-zoned property, ..." Although compatibility of the proposed reclassification with adjacent properties is addressed more completely below, Objective 1.17 and Policy 1.17.8 are best analyzed, in part, by contrasting them with the justifications for, and descriptions of ACLFs for the elderly which are also found within the Future Land Use Support Document, page 33. Although the text emphasizes the requirements of state law to allow small qroup homes within all zoning districts, it also generalizes that ACLFs/group homes for the elderly should be encouraged which is the basis on which several areas throughout the City have been labeled as ACLF density bonus sites (9.68 units per acre allowed despite the underlying land use classification). In addition, it states that "This density bonus would be limited to ACLFs for the elderly, which is reasonable, since this type of group home comprises the vast majority of L{' Newport Place (LUAR 95-006) -5- December 8, 1995 group homes and Boynton Beach has a very large proportion of elderly residents. " With respect to compatibility with residential environments, the plan also indicates that "ACLFs for the elderly are also one of the more innocuous types of group homes". Lastly, the plan encourages the appropriate revisions to master plans through the following text which is also found within the Future Land Use Support Document under Demand for Land for Nursinq Homes, Group Homes, and Foster Homes: "The City should continue to allow PUD master plans to be revised to meet market demand, if the impacts of the revised plan do not substantially exceed those of the original plan, applicable design guidelines are met, and the revised plan is compatible with the surrounding properties.". Please see Exhibit "E" for the aforementioned text from the Comprehensive Plan Future Land Use Support Document. With respect to that text referenced above which places limitations on additional, or expansions to commercial classifications, this text is also specifically addressed by the previous justifications for and descriptions of group homes and ACLFs which specifically recognize state law with respect to locations for such uses, and description within the Comprehensive Plan which finds them generally compatible with conventional residential uses. 2) WHETHER THE PROPOSED REZONING WOULD BE CONTRARY TO THE ESTABLISHED LAND USE PATTERN OR WOULD CREATE AN ISOLATED DISTRICT UNRELATED TO ADJACENT AND NEARBY DISTRICTS, OR WOULD CONSTITUTE A GRANT OF SPECIAL PRIVILEGE TO AN INDIVIDUAL PROPERTY OWNER AS CONTRASTED WITH THE PROTECTION OF THE PUBLIC WELFARE. The original approval for the PUD was based, in part, on the finding that the proposed use is consistent/compatible with the adjacent properties. Furthermore, as described in detail below, the current PUD has an actual density more appropriate within the High Density Residential Classification rather than the Low Density Residential classification. When the PUD was originally approved, the project was approved at an actual density of approximately 9 dwelling units per acre. Despi te the actual numbers describing the densi ty, the City originally determined that the health care facilities were needed, and that the PUD was compatible with adjacent properties. The proposed expansion of a 120-bed ALF is consistent with the nature and type of uses within the existing PUD, and represents a relatively minor expansion of the PUD, under the proposed High Density Residential land use classification, as based on impacts and performance of the proposed use. Lastly, the only adj acent uses warranting an in depth evaluation of compatibility are the single family homes to the east. Although portions of this area within the High Ridge Road corridor may ultimately be developed/redeveloped at higher densities, the existing dwelling units are on large lots and located approximately 200 feet from the PUD, and approximately 350 feet from the ACLF and proposed ALF. Within the area which separates the buildings in the PUD and the adjacent dwelling units are NW 7th Court, and a combination of vegetation on private property and that landscaping within the perimeter buffer of the PUD. This distance and the buffering is necessary to mitigate the potential affects of the four story building heights within the PUD, upon the adjacent low-density residential properties. As further indicated below under Item #5, with the exception of the height of the buildings within the PUD, the typically most offensive characteristics of such uses, parking areas and rear service areas will have minimal to no affect on adjacent properties given their proximity (due to design of the master plan) to other properties, the distance between the uses, and the buffering provided by vegetation. 3) WHETHER CHANGED OR CHANGING CONDITIONS MAKE THE PROPOSED REZONING DESIRABLE. Based on the assumption that Newport Place Associates has realized a need for the proposed addition, and on the above-referenced information from the Comprehensive Plan Future Land Use Support Document which states the need for group homes/ACLFs for the elderly, staff recognizes the possibility that changes have occurred warranting the addition of the proposed ALF. s Newport Place (LUAR 95-006) -6- December 8, 1995 4) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH UTILITY SYSTEMS, ROADWAYS, AND OTHER PUBLIC FACILITIES. To date, staff has not received all the reviews of other agencies on impacts on facilities; however, given the minor addition to the PUD, and the performance of nursing homes which typically include few impacts relative to other residential or commercial uses of equivalent size, the proposed rezoning and amendment is projected to have little impacts on facilities including roads, utilities, and drainage resources. Once received, such verification will be incorporated into this review process, which are also necessary elements of the report to be used to initiate a review by the DCA. 5) WHETHER THE PROPOSED REZONING WOULD BE COMPATIBLE WITH THE CURRENT AND FUTURE USE OF ADJACENT AND NEARBY PROPERTIES, OR WOULD AFFECT THE PROPERTY VALUES OF ADJACENT AND NEARBY PROPERTIES. /WHETHER THE PROPOSED REZONING IS OF A SCALE WHICH IS REASONABLY RELATED TO THE NEEDS OF THE NEIGHBORHOOD AND THE CITY AS A WHOLE. What should be recognized in evaluating impact and scale of the proposed amendment is the actual change that would take place with respect to density. Upon reviewing this amendment, staff determined that the original PUD proposal was not evaluated based on density, but rather based on impacts or performance compared to a conventional residential development of equivalent size (units). Criteria used in the comparison included population, lot coverage, impact on schools, water and sewer demands, traffic generation, recreation, and demand on police and fire services. Except for traffic generation, the applicant estimated that the criteria measured less impact from the proposed PUD than from a typical and comparable single-family development. As for traffic generation, more traffic was projected from the PUD, which the applicant proposed to offset through intersection and road improvements. The city accepted the analysis; however, not the method to address excess traffic. As a condition of approval, the City required that the proposed office use within the PUD be reduced from 10,000 square feet to 6,000 square feet, in order to reduce the projected traffic volume to a level comparable with that estimated for a comparable conventional residential project. Although by impacts, the uses within the PUD were found to be compatible with the Low Density Residential land use classification, the PUD does not meet the maximum density limitation of this classification. In estimating existing density of the PUD, the total beds within the ACLF, 356, are combined with the beds within the nursing home, 120, and divided by 2.3 (the City's current conversion factor for beds per unit), and then divided by the size of the PUD, approximately 23 acres. This methodology produces an existing density of 9 units per acre. The density of the proposed PUD is estimated by also including the size of the proposed ALF, 120 beds, and accounting for the additional 1.59 acres being added to the PUD. The total beds now equal 596, which represents a total unit count of 259, and a density of 10.5 units per acre. If the PUD is increased to 24.77 acres and reclassified to High Density Residential (10.8 units/acre maximum), the property could contain a maximum of 615 beds. Since there already exists 476 beds, the site is currently near maximum density, and there would remain capacity for only an additional 139 beds (the proposed project contains 120 beds). In sum, the most significant approval of this site has already occurred, which is the original approval of a PUD within the Low Density Residential land use classification, at a density nearly the maximum allowed under the Medium Density Residential land use classification (at the public hearing when this original approval was reviewed, the only public comment communicated pertained to fire/EMS response times) . Staff has not considered to repeat the original analysis based on performance, as no documentation remains from this analysis that staff would need to implement a consistent methodology. With respect to affect on property values, the PUD is not expected to negatively affect the values of any adjacent properties and this opinion is based on the following three statements: 1) the relatively minor magnitude of the proposed expansion; 2) the general compatible nature of health care facilities and residential uses; 3) the likelihood that the PUD will always be well maintained (for reasons related to constant (; Newport Place (LUAR 95-006) -7- December 8, 1995 marketing of facilities); 4) and since there will likely always remain appropriate distance and vegetative buffers between the PUD and the low density areas to the east. Furthermore, the typically most undesirable elements of such uses, parking and rear service areas, should have little impact on nearby residential properties. As for the parking lots, they are dispersed throughout the PUD and predominantly located farther from the adjacent residential areas than the fronts of the structures, thereby reducing total potential impacts from noise and light. with respect to the rear service areas of the uses, the ACLF and proposed ALF are oriented to the east and northeast, which leaves the rears of the buildings oriented away from the residential properties. The most undesirable aspects of such uses would therefore have no impact on adjacent residential properties. with respect to needs, please see the analysis above under CONSISTENCY WITH APPLICABLE COMPREHENSIVE PLAN POLICIES. 6) WHETHER THE PROPERTY IS PHYSICALLY AND ECONOMICALLY DEVELOPABLE UNDER THE EXISTING ZONING. The site within the PUD intended for the proposed ALF was originally used for parking, therefore the site has been determined to be suitable for development. There are no known unique physical characteristics which would limit further development or intensification of this site within the PUD. 7) WHETHER THERE ARE ADEQUATE SITES ELSEWHERE IN THE CITY FOR THE PROPOSED USE, IN DISTRICTS WHERE SUCH USE IS ALREADY ALLOWED. In general, nursing homes of this size are limited to the R-3 (Multi- family Residential), PUD, C-3 (Community Commercial), and PCD zoning district, which districts may be available throughout the City. However, the location has been selected based on the complimentary nature of the proposed ALF and the existing ACLF within the overall Newport Place health care campus. RECOMMENDATION Based on the analysis and discussions contained herein, this request is consistent with the Comprehensive Plan and the Land Development Regulations, subject to staff comments as summarized within Exhibit "F" - Administrative Conditions, and compatible with current and future uses of surrounding properties and would not create an isolated district unrelated to adjacent or nearby properties. Therefore, staff recommends approval of these requests for land use amendment and rezoning of Newport Place/Stanford Park PUD, and again subject to staff comments indicated within Exhibit "F". Attachments xc: Central File MISCX:NEWP.REP 7 LOCAT\ON MAP STANFORD PARK ~- ~----- T f1t" , i i \.( . "~ R3\ J\ ~. :~"~-. r \ ' ~\ W\;T ~.:.. ~~ ~...,-.,,, d \ .' \ \ .' ) \. 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J PRoPOSED MASTER PLAN 15 *EXCERPT FROM FUTURE LAND USE SUPPORT DOCUMENT (PAGES 32 AND 33) The uninco.porated area lying between Lawrence Road and the E-3 c~nal contains 7 mobile homes parks which p.ovide a total of 2,581 mobile home spaces. currently, there is only one mobile home park in this area (La Paloma), which has 229 available spaces for lease. There are a total of 1,029 spaces out the total 2,581 spaces which are under fee simple or coope.ative ownership by the residents. No applications fo. new mob1le home parks have been submitted to or app.oved by Palm Beach county since 1980, which indicates that land values have increased to a level where permanent housing allows for a higher rate of return. Due to rising lanj values, no new mobile home parks are expected to be developed tft within the CityL~-~~t~t~y-s~pvtee-apea, and it is likely that those parks where the spaces a.e leased will be redeveloped for permanent housing. Therefore, no additional mobile home dwellings have been projected for the City or its utility service area, other than completion and leasing of previously approved mobile home parks. Since it is possible, however, for the City to annex eXisting mobile home parks, the city should permit mobile home parks-tft-the-ar~a-w~st-ef-eeft~r~sS-AVeft~e , if approved as a Planned Unit Development or mobile home subdivision. Since the City does not have specific regulations governing mobile home parks, the city shoulj adopt the regulations used by Palm Beach county, until such time as it becomes apparent that the City needs to draft mobile home park regulations. Mo~t~e-hem~-~arks-whteh-are-e~rr~ftt~y-tft-th~-et~y--te-~he w~st-of-~S-i-er-that-are-aftfteKed-tft-the-f~t~re-she~~d-~e-aiiewed-te eeftt~ft~e-at-thetr-e~rr~ftt-ft~m~er-ef-a~~reved-me~ti~-hem~-s~aees,-~fttti s~eh-ttme-that-th~-~ark-ts-redev~ie~~d-fer-ether-~ses~ Althouqh mobile home parks would be allowed in any residential land use cateqorv. subiect to PUD or subdivision approval. the future demand for mobile home sites 1n the City (includinq replacement of redeveloped mobile home park sites) 1S expected to be zero. Due to risinq land values. future mobile home site= will p.obablv be located west of Lawrence Road. The Citv will serve mobile homes in this area 'between Lawrence Road and the B-3 Canall w1th utilities. However. it is uncertain as to whether the citv would be abLe to annex these areas. ~hese-me~tie-heme-~arks-whteh-it~-a~eft~-~~8~-i-she~id-~~-aiiewed-te eefttift~~-as-ftefteeftfermtft~-~s~s,-wtth-th~-~xtsttft~-ft~m~er-ef-s~aees ~randfathered-~fttti-s~eh-tim~-that-the-mebii~-heme-~arks-are-redeve%e~~d for-other-~ses~--B~e-te-the-~rebiems-ef-h~rrieafte-ha~ard-aftd-iand-~se ineom~atibiity-that-these-mobtie-home-~arks-east~ef-~e-i-~ese,-their redeveie~m~ftt-for-eth~r-~s~s-sho~~d-~e-eftee~ra~ed,-tft-aeeerdaftee-wi~h-the eoastai-Mafta~emeftt-B~emeftt~--Mere-s~eetfteaiiy,-th~-mebtie-hemes-~arks whieh-iie-betw~eft-a~S~-i-aftd-bak~-WerthTffttraeeastai-Wat~rway-she~~d-b~ re~~tred-te-be-diseeftttft~ed-withtft-5-y~ars-ef-the-ade~tteft-ef-this-~~aft, siftee-these-mebiie-he.es-v~~fterabie-te-dama~~-frem-sterm-s~r~e~ '_7) Demand for Land for Nursinq Homes. Group Homes. and Foster Homes: Nu.sing a:1d conval~scent homes are a permitted use in commercial zoning districts and are allowed in Planned Unit Developments and Planned Comme.cial Developments. Since nursing homes are considered to be a commercial land use, the supply and demand of land for nursing homes has been lncorpo.ated into the projections for commercial land use. 32 /1 i Group homes are currently allowed as a permitted use in C-3 zoning distr~cts and as a conditional use in the R-3 zoning district. The Housing Element Support Documents oriainallv contain~ a detailed analysis of the nee~ for smalle~ group and foster homes, and recommen~e~ that these homes be allowed in all residential zoning districts, subject to limitations on the size and type of group home, and provided that these homes are separated by at least 1,800 feet. Sincd the oriGinal draft of the HousinG Element was prepared. the Florida Leaislature passed a bill which reGuires the Citv the allow Group homes in all residential zonina districts. Therefore. the Citv's policies with respect to Group h~mes should be to allow such aroup homes. in accordance with Florida law. Since group and foster homes could be located in any type of dwelling, ~f these policies are implemented, these types of homes have not been analyzed with respect to residential density or dwelling unit type. There are a number of parcels in the Low and Moderate Density Land use category which, due to there location, may be more suitable for group homes than for Single-family housing. Most of these parcels are vacant or partly vacant. Therefore, the Future Land USI Hap shows a number of parcell, whlre it is recommended that a density bonus equivalent to a maximum of 9.68 dwellings per.acre be permitted for adult congregate living facilities (ACLFs) for the elderly, if approved as a conditional use. ~This density bonus would be limited to ACLFs for the elderly, which is reasonable, since this type of group home comprises the vast majority of group homes and Boynton Beach has very large proportion of elderly ~residents.~CLFS for the elderly are also one of the more innocuous types of group homes. From the analysis above, it appears that the City'S land use and zoning regulations provide for a range of densities which are sufficient for all dwelling unit types, with sufficient flexiblity to accommodate shifts in the market. It is anticipated, however, that the probable mixture for the remaining dwellings to be built in the City is 30% single family detached, 30% rental apartments, 35% townhouse, condominium, and duplex dwellings, and 5% mobile home and ACLF units. The City's Planned Unit Development regulations are largely responsible for the flexibility in meeting market demands. Under the PUD regulations, the City Commission can ~rmit ~changes in the dwelling unit type without requiring rezoning.~The City should continue to allow PUD master plans to be revised meet market demands, if the impacts of the revised plan do not substantially exceed those of the original plan, applicable d~sign gUidelnes are met, and the revised plan is compatible with the surrounding properties. Commercial Land Demand for Commercial Land: The demand for commercial land has been analyzed for the Boynton Beach Market Area, which is defined as the area bounded by Hypoluxo Road, the Atlantic ocean, Gulfstream Blvd., Lake Ida-L-30 Canal, and Barwick Road-Lawrence Road (see figure 3 in Appendix B). This constitutes a more reasonable market area, for the purpose of analyzing the need for conm~rcial land, than the existing boundary of Boynton Beach. Existing and planned commercial development which is under the jurisdiction of other local governments in this market area has been included in the analysis of the supply of commercial land. Demand for commercial land is fOllnd by calculating the demand for different types of commercial land uses, and then adding the resulting figures. For most types of commerCIal land lIses, the demand for land was calculated by multIplying the eXisting " ~- /1 I j I *EXCERPT FROM FUTURE LAND USE SUPPORT DOCUMENT (PAGES 38, 39, 40) TOTAL DEMAND FOR COMMERCIAL LAND, AT BUILD-OUT, IN BOYNTON BEACH MARKET AREA: 831.25 acres EXCESS SUPPLY OF COMMERCIAL LAND, OVER PROJECTED DEMAND FOR COMMERCIAL LAND: i66.,.8'?-aeree 198.47 acres EXCESS SUPPLY OF COMMERCIAL LAND AS PERCENTAGE OF TOTAL DEMAND FOR COMMERCIAL LAND: i!e.,.n 23.9% "/'0/ Discllsnon of SUDDlv and Demand for Commarcial Land A comparison of the supply versus demand of commercial land shows that there may be up to is'? ~ acres of excess commercial land at build-out. There are three additional adjustments to this acreage, however, which may reduce this excess acreage: Quantum corporate Park Commercial Acreage Quantum corporate Park will contain about 30 acres of property at the center of the park which will be devoted to retail stores, and business services, and personal services. According to the Application for Development Approval which was submitted for Quantum Park, these uses will mostly serve the tenants of the business park, with only limited use by person. outside of the park. This demand would not be accounted for by applying multipliers to the current population. Since this commercial acreage would be located on a 4-lane collector road which is less than a mile from an interchange, it is very possible, however, that up to 50% of the customers for these commercial uses would be persons from outside of the park. If it assumed that 50% of the retail commercial acreage in Quantum corporate Park would be generated within the park, then 15 acres, could be subtracted from the supply of commercial land. Commercial Property Surrounding Boynton Beach Mall It is estimated that, at build-out, that 74% of the population of the Boynton Beach Mall market area will lie outside of the Boynton Beach Retail Market Area. It is reasonable to assume that a smaller but significant percentage of the demand for retail floor space will be generated outside of the Boynton Beach Market Area. There are about 85 acres of existing and potential acres of retail commercial lying adjacent to the regional mall, and to the immediate north and south. ASSuming that apprOXimately 25% of the customers for the stores would come from outside the local market area, then 21 acres could be subtracted from the supply of commercial acreage. Future Increase in Real Household Income The demand for land for retail uses is apprOXimately proportionate to the amount of disposable income in the market area. Real per capita disposable income in Palm Beach County will have risen almost 60% in the 19BOs, while per capita retail sales will have risen almost 40% (adjust~' 38 /7 , {' / \j for inflation). The increases in per capita retail sales have been taken into account in making the projections for retail commercial acreage. The University of Florida Bureau of Economic and Business Research has made the following estimates and projections for populations growth and changes in real personal income for Palm Beach county: POPULATION AND INCOME PROJECTIONS FOR PALM BEACH COUNTY 1986 1987 1988 1989 1990 1991 Population 760,900 799,700 840,300 873,800 903,200 932,400 Real Personal 13,209.3 14,025.2 14,912.6 15,912.8 16,603.3 17,651.1 Income (millions, in 1982 dollars) Real Per 18,931 Capita (dollars) 17 , 360 Income 17,538 17,747 18,211 18,383 Change in 2.98% Per Capita Income over Previous Year 1.03% 1.19% 2.61% 0.94% Source: The Florida Outlook: Fourth Quarter, 1988 (BEBR). The total change in real per capita income over this five-year period is $1,571 or 9.05%. It is assumed that, since the annual rate of growth is neither increasing or decreasing, that the overall growth of real per capita income will remain the same from 1990 through the Year 2000 as it was in the 1986-1991 period. Therefore, overall real per capita income is projected to in~rease by approximately 18.1% in the 1990s. Since projec~ing income past the Year 2000 is less certain, an increase of 9% i~ assumed for Year 2000-2010 period. Thus the overall increase in real per capita income from 1990 through 2010 would be 1.181 x 1.09, or 1.296 (a 29.6% increase). Since retail sales are approximately proportionate to income, it can be anticipated that, if retail sales per square foot are held constant, the amount of acreage needed for retail uses would also increase by approximately 30%. Therefore, the amount of land for retail uses would increase by 132 acres by the Year 2010, due to increases in real per capita income. When added together, the three adjustments which are discussed above would have the effect of reducing the supply of commercial land by 36 acres and increasing the demand by 132 acres. As a result, the !6T ~ acres of 39 dO ,i J surplus commercial land which has been projected would be reduced to a surplus of only ! ~ acres by the Year 2010. From the analysis above, it appears that the supply of commercial land il the Boynton Beach Market Area will match the demand for this type of land use. The supply for commercial land compared to the demand ranges from a surplus ranging from t ~ acres to !6T ~ acres. In terms of percentage of the total demand for commercial land, at build-out, these acreages represent to a surplus of e% ~ to ie% 23.9%. Although the ie' 23.9% figure would be considered excessive, it is likely that future increases in real per capita income will eliminate virtually all of this surplus. The Future Land Use Plan which is proposed for the City and areas to be annexed by the City will accomodat~ll of anticipated demand for ~commercial land through build-out.~herefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, .mall infill parcels, or commercial uses of a highly specialized nature, which have special locational or site requirements, and therefore cannot be easily accomodated on already designated commercial areas. conversely, the City should refrain from changing substantial areas of property from commercial to non-commercial land use categories, beyond those changes which are recommended elsewhere in the proposed comprehensive Plan, unless there are significant problems with land use compatibility or if roads cannot be built to accomodate the commercial development. Location of Commercial Land: The existing pattern of commercial development was discussed under sectiol. II of this element. To summarize that section, and also, section I of the Coastal Management Element, the demand for commercial land is still somewhat excessive along U.s. Highway 1, as evidenced by the amount of vacant commercial property, the low quality of many of the current uses, and the low rental rates. Therefore, the coastal Management Element includes a number of land use recommendations which would reduce the amount of commercially-zoned land. The city's general policy with regard to commercial development east of Interstate 95 should be to concentrate office, retail, and hotel deve1g~ment in the central business district and ~~long Boynton Beach Boulevard.~ommercial development particularly should DQt be located where it would adversely affect residentially-zoned property, or where it would create spot zones or strip development. Commercial land uses west of Interstate 95 are dominated by the regional mall, and its satellite stores and offices. Neighborhood shopping centers and office buildings are located in the vicinity of most major intersections. The City should continue its policy of encouraging commercial uses to be located at intersections, and discouraging strip commercial development, due to the aesthetic and traffic safety problems that strip development creates. Furthermore, allowing additional commercial land use in the vicinity of the Boynton Beach Mall would be likely to cause traffic levels on roads in the vicinity to fall below established levels of service. Commercial development beyond that which is shown on the proposed land use plan should be permitted onlY if the 40 ~I f ( ! { EXHIBIT "F" Administrative Conditions Project name: Newport Place PUD (f.k.a. Stanford Park PUD) File number: LUAR 95-006 Reference: 2 sheets submitted bv Cotleur Hearinq identified as 2nd submittal with Planninq and Zoninq Department October 26. 1995 date stamp markinq DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE I ENGINEERING DIVISION I I I Comments: NONE I BUILDING DIVISION I I I Comments: NONE I PARKS AND RECREATION I I I Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: l. The master plan shall be modified to show compliance with the final determination regarding Palm Beach County Traffic Division and City staff's evaluation of the applicants traffic statement. 2 . Add a note to the master plan indicating that the project is subject to site plan review prior to permitting. 3 . Specify on the rectified master plan maximum density allowed for the Stanford Park PUD. Also show on the master plan the conversion computations that verify the proposed total of 596 ACLF and Convalescent Center beds does not exceed the maximum allowed density for the entire PUD. The following City adopted conversion factor shall be used: Total gross acreage within the PUD (times) maximum allowed density per acre (times) 2.3 = maximum number of beds ;)3 I DEPARTMENTS 4. The zoning code limits the maximum number of driveways from a single road to two (2). If this maximum is to be exceeded, as indicated on the master plan, then relief from this requirement must also be requested through the variance process. A parking lot variance (File No. PKLV 95-006) to increase the number of driveways from two (2) to four (4) is being processed concurrently with this request. Amend the master plan to show the results of the variance and reference on the master plan the City Commission's action regarding the variance. 5. Submission of a rectified master plan showing compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department in triplicate prior to site plan review of the project. MEH:dim xc: Central File a:2NDSPARK.Com ;2L( I INCLUDE I REJECT I ORB 7:.c"'28. p,- 138.0 land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the preseJce of: ri!Y J{-dill=1. r;':\?bb pnnt Name: AI nda. J:, We,t:h / cf2/--;:--t:~0 Print Name: I Ci,J"o(t As to Grantor SUBURBAN BANK . By: /////dr WILLIAM T. SHORT, Vice President (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~L day of April, 1992, by WILLIAM T. SHORT. Vice President of Suburban Bank, a Florida corporation, on behalf of the corporation. He/She is personally known to me er WRC~~~ n~duced-- as-identic:Ucatioa-and who ~d / J.d nO,t )/~oath. l) ~??4u:L- '---J~ . ,..- Notary Public _ Print Name::::DD"J";A :Seo (I (SEAL) My Commission Expires: "-;';;;;;;;';;" OFFICIAL SEAL i ~ ... DONNA SCOTT i j NotBrv Public StBtB 01 Florida \~ ~/ My Commission Expire. ...~!.o:.t;..... Nowm"'r 8. 1882 3 RECORD VERIFIED PALM 13lOACH COUNTY. FLA. CLERK CIRCUIT COURT ~ In IIQ - " l>-. c:::I _. ao .8. " II .a .... ,10/24/1995 23:43 4078512225 PAGE 02 '&/h. CS ~ (0) -' SlATE Of.' FLOIWl,\ 1l0ARD OF TRUSTEES OF TilE IN HltNAll.\tI'Rm HU.NII RUSI HINlJ QUITCLAIM 1)1:1:.1) ~o. 19522-J ","0'''- AI.l. MLN 8Y TIWSE PttESENT5: ThaI the Uuatd uf Tru'l:tcc,," of Ih~ Inll'UlallrllIHI,'o'I!'Ol:nllrtl" l'ulltJ.lur ;,and in l:un"idt'ralil,1n?( ,Iu: ..um III' Thirty-six Dollars III it III hilluJ p;.!itl. hiJ'lll'lllhl.',I. r~'IL\.h~d :lml qujl>.:faimcd an" hy these: prl',cnh llul'" rem I""', r...'I~lh\' <1m! \juild;ain' unhl Dr. Lawrence E. White, as Trustee, c/o Sout.he,." !'lAnimo A....""iR1au. Vii, On11e" Lake Shol'e Dl'ive. OrlBndo. Flol'idR ,?R12 his successors and assigns, all of the right of entry and exploration arising out of the following reservations, to-wit: "A~l) I-'CkHn:H. SA\'I'-.,;c.; ANI.) M.ESl::RVING unlo Utl! l'3.id. Iltl' lrlhk...... vi lht.' Illtl.'rn:.llln111foYcnll.\nl Fund vi II\!.! StliU:. of Florid.., anJ (h\!ic !lUlXf~5{J(j1. ioln nntlivicJ~tJ th'ec...rU&lllh,~ infeft,lil jl) ~nJ tillo,: in "tld IU :w ulldividl!u IhJct',rl,)\ltjh~ Inl\:J(!SI. in 11111hlt phll,ph:.t.... milll!uh ilnd "'t'I;At.. Ihal lU~ nt may hr in. on lit undt'J tIll: ~alll JlltJ\'\.' ,k:-'\fIltt'lIl;lluJ, ',1111 till' f'I,i\"i1q~l! al1J Ji~hlln mine ,itl~~ dl.'vehJI' Jh~ lOame," ",\,\;IJ I-"LKTItHt SAVI\c..; A:\ll JottSI::I{\'I:"G (Into Ihe 'IJld Tnl~ll'c" of Ilu' Inh.'tIl:JIIJllIHO""'llIcnl Fund 01" Ihl! Stall: of HlJIida. iHltJ IhL'ir 'iUl.:l,;L'~~I)f... .m unO'i,'iJl!l$ Unc-Ilalr In(l'rl'~t in ami rh'q in ;iIlJ to;m \wd/\ hh:d tllll'-lwlf ill'l.'r"',~t in aH Ilw I)CUll!cum (hit i!l ur flU)' he: il\, UI\ l~r lIIHh', Ihe: J~jd ahoYe L.ll#r.l:tihcJ land. with Ihl! pfivilc~..: tv "lint' am.I JI,'...~.h)1' 111l~ ..~mc'" ~ ~ inrur:u I~ ~lJid (\:~l:rVlllium IIl'hc.:( thl! followinll d~~cdhvd lamh 1)"i1\1iI ..nd bdng In i;: COUnt)'. ""o,ida: I Palm Beach /' A parcel of land in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida; said Parcel of land being' specifically described as follows: Beginning at a point in the North line of said Section a, at a distance of 312 feet West of the Northeast corner thereof; Thence Southerly, making an angle with said Section line, measured from West to South of 83 degrees, 34 minutes along the West line of High Ridge Subdivision, according to the plat thereof, as recorded in plat Book 22, page 6, Public Records, Palm Beach County, Florida, a distance of 660 feet; Thence, Westerly, along a line parallel to the Right-of-I~ay line of Hypoluxo Road, a distance of 750 feet; Thence, Northerly, along a line parallel to the West line of High Ridge Subdivision, to the North line of said Section 8; Thence Easterly along the North line of said Section 8; to the POINT OF BEGINNING __~_n__._____ L .. , ~& """) r(d) ~4 ~,o.: / ~ ) ) , ) , .1 , ) , . ) J8/24/1995 23:43 4878512225 PAGE 83 ....:,~,.;.. . ,..~,:-,.'".u:,,,"i~~ . , --- RETURN TO GRANTEE PfepilH',j 1)\' JOHN IfI. ff,::f{W.. [SU 205 W.;:til f\'J;?- Palm e:,~(.h. FL 33<JO il.eri'a = M.l1is mE-eli, dated this between JOSEPH FEARNLEY, 'L.CL 9 b December A. D. 19 82 . day of as Trustee, and individually, herdnaher called the Grantor , which term shall include when used herein, wherever the J context so requires or admits, his heirs, personal representatives and assigns ! and LAWRENCE E. WHl~E, TRUSTEE - en ..,. Q.; en U') CO en tD whose mailing address I is: 3543 Cullen, Lake Shore Drive. Orlando, Florida 32812 hereinafter called the Grantee , which term shall include when used herein, wherever the context So require. or admits, its Sl1ccessors and assigns, WITNeSSETH: That for the sum of Ten Dollars (~10.00) and other good and valuable considerations, said Grantor do e s hereby grant, bargain, sell, alien, remiR, release, convey and confirm unto the said Grantee all that certain piece of property and tract of land situate in the County of Palm Beach and State of Florida, described as follows: 11 parcel of land in Se~tion 8, Township 45 South, Range 43 gast, Palm Beach County, Florida, said parcel of land bein~ specifically described as follows, Beginning at a point in the North line of said Section 8, at a distance of 312 feet West of the Northeast corner thereof, thence, Southerly, making an angle with said secticn line', measured from West to South of 83 degrees, 34 minutes along the West line of High Ridge Subdivision, according to the plat thereof, as recorded in Plat Book22, page G, public records, Palm Beach County, Florida, a distance of 660 feet, thence, Westerly, along a line parallel to the right-of-way line of Hypoluxo Road, a distance of 750 feet, thence, Northerly, along a line parallel to the West line of High Ridge Subdivision, to the North line of said Section a, thence Easterly along the North line of said Section 8; to the POINT OF BEGINNING. Subject to taxes for 1982 and subsequent years, to applicable zoning regulations, to the right-Of-way of Hypoluxo Road, to easements of reoord, and to reservations of record. Grantor warrants and represents that the above described property is not now nor has it ever been his place of residence. STATE: OF' FLORlOA1i 9_q~y.~.e.!'Ir!',R.r,N...~t,,~ r AMP _T.I~ ~I 12~1' r. Of l<l\lI;NlIf '1>t:i;S':";' I ~ PB. ~ OEClI'82\[;.zIYZ 25.00 I c-.., _111(iG ",~., __.......~I :"'0 R fOA : _oT, ,tJA:1 5.1l\M.I'_JA.ll; I ~T"'_MI)...r A.X i " i " I >' 9 0 O. 0 0 I Y 9 0 O. 0 0 I --_I _'_ _.___1 ............~-_._-, .oRIOA'I !AMU_MI . 'I '90 O. 00 I __'_ u___1 " n:': ;.n ~~ H) l<w ::~ <:0 " .. " 10/24/1995 23:43 4078512226 PAGE 04 - ~"""-'---&..o....."'-- ..~~V '""._....__' 'I' I And the said Grantor do e s hereby fully warrant the title to said land, and will defend the same against the lawful claims of aU persona whomsoever. IN WrI'NESS WHEREOF, the said Grantor do and aeaI the day and year aforesaid. hereuntQ set hand Signed, sealed and delivered in the presence of: / (., //. , / ./ .;z( ;\~r' ~'~;nlf2~=~~~s1~r<n~SEAL) /1 div dually. I I ' . r ~~~Q..~\.. ..........--.-....---. i-Ud&k..djfJ-fc'::=..... ~---------_.---_....-.._---------_...--.....'"'.,.-----_._---.. (SBAL) STATE OF Fl.o.r:l.dll.... Palm Beach COUNTY OF . ....... } ss !kID" .... p...,nolJ, appear..! ..,J O.B.~.p.\1...fe<l.r.n 1 lily................... ............................. 10 i:Dt wt'U knbWII and. bown to .. tD be tbe iDdiYidual dtll;l-i!Mtd m ..nd. who .:l:.c:;ut.d the fOI'Wlvina "ntru..nt, &ftd ..c:knowl.dllld ber.re Ill. thai he eReeu~ th. Mm. f.r the Jlurpc.... th..N:in. upr....d. .3.0+~.. wtrNllSS ..., had ani olli.W .01 dolo Decembe1;'"-" "". .,82 cla, of.. ".//<:~...~., ~ ..~......;;~.",l' .....-.. ~I~.~.~id:.... ;. My ,"ommiNion c.plt..: N~l.ry Publit:.St.le .f Aorid. My Commiuion bpirO$ J,n. 16, 1985 ~~":l"d '~'II t,,"y hin . 'n.~"u., Inc" COUNTY OF } ss STATE OF Be-Eof. III. ,.ttand, ."pn.nc1 .............,.. ''"' IDe ..JI boWll -.nd known &0 me to be- th.. indiridual dltlll;tib.d in and who necutltd th. (Qt'C'.oinl inJrrUfntnt, and ulu!iowltclatcl "dot. m. th.at h. ...ru.Nd. th. ..... (etr th. Pyrpo... thenl.", elI:pr....-d. WlTNllSS m, !.ani ani oftidol ...1 doil cI.a, 01 ,., 19.. N Ot~'~' 'p~Lii~' 'in' '~'~'d" i~~" th'~' .~~~'~ '~~f S~~~. 'Ai~~;.dd~"'" My ~amm.i.,.ion c.pitn: RECORD VERIFlEO 'ADA BEAGH COUNTY, FL.l ,!OWl ll. I1UNI<U {;~~i~K CiRCUIT COUnT <0/24/1995 23:43 4078512225 PAGE 05 '~'l{ .. :, , WARMNTY -DEED to 'tRUSTEE UNDER LAND TRUST AGREEMENT ,1W)';1 c;: nus INDENTURE WITNESSETH, That tM G~anto~ LAWRENCE E. WIT!, TRUSTEE 3543 Cullen Lake Shore Drive of the County of Orange and State of Florida ..... ~ ~ ~ "-, for and in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid, receipt of which is hereby acknowledged, hereby grants, conveys and warrants unto Lawrence E. White, Trustee, ".. .10 3543 Cullen Lake Shore Drive, Orlando, Florida, 32812, as Trustee under the provisions of a certain Trust Agreement'#~ated the 30th day of December, 1982, the following described real estate in the County of t- .. .a- t: Palm Besch, and State of Florida, to-wit: See Exhibit "Art attached hereto and made a part hereof. '" N I i (~b:fb ... " or Q ~ilC: "" *.. -.,M N ..... ,,"f ~ >: oN _._')1" 1'0 HA.Ve AND "to HOLD the uid rtl8l ..t.t. in t.. simpt. with thlll .ppurtilnaneet urtOn th~ 1rylt.M for the pvrtlOlf" ~,.;rt.nd in..;d Tf\Jst Agt.ement ..nd aetllr.1Ion of Tru!lt tet forth. " Pull pOWer and luth()fitV j, henbv gr.nt-.d 10 saia TfUU" Qf it. lucc.UOr, to impro"t, '0 pro'let, COI'U,rvl and to ..11, to lubdivid, Mi(f r..1 "taf. or .f"I'( pur rn,rlOf, 10 dedicate perk., Iotr..ts, highwIYS or 111'';$ end 10 vacaUI"\, &UbdiviliCJn Of $MItt thtflOt end \0 rt&ubdivid. "lid r"'.Sllt' II often a$ d..if.., 10 cOnt'ICt 10 "". to D"n1 option, ta purcl'l.", to till Ol'l,nv terms, to cOnv.y tither with 0' whhout co"liidar"lan, to GO""'" pm r..I .stll. or '1\)' pert th,rllClf to iI succtslOf or tuee...sor. in trust and to Qrll\tl0 I\.lCh weceSior 01 w~~.uon in lrull.11 Qf thl titll. .."t.. pow...." ,rod IUlhoriti," V'l'.-d in JIIid l'ru.',e. to dOl\lJl'. to d~iClI', 10 mortgage. pledge Or 0lh,rwI" en(:umb.- Mid real elt4t8 01 any parI thar*Of} IQ lellft said r...' .,t.te Dr ,Jnv pari thluaot. 'fQm timl to 11m.. in PO'I'Mion or ,e"'''lien. bV I...t.. to eommencl in ",nsentl Dr i... f,,'oro, and upOr'\ ,ny tlfmllntt for an" p.riod or period, of time not txctRil'lO if'l tht ,..e of ,nv lii",I. dllmis' rh, lflf'm of 99 year,. and to renew Of .xtend 1'-"1 Ind tf? amlnd. chsngt Or modify 1....1 and thl!! tarms and !)rOvision, th'f~f. Jo contract to makt I..,., Ind to irant option, to leill..net options to. ,.n.-.rv I.SII5.no: DptiOnl to J'urehu. ,hf wvho'a or any par' of th. r.ytrslOfll end to contraet re'p4!Ictilig tht M,nner of f;Kinv the: ,mourn of pte.."t Dr .utur. rental!. to Pflrtition 01' '':Ct'll''Olt taid rut en.t, or 8ny part th"r"of tin olh... .rlll or ptrsonal prolHrty. to gr.nt USItm."u. or I:heritlS 0' ,"V kind. to' r.,....... con. v.V or ..sj," anv right, tin. Or ,nUrlU in 0' .bout said rlUl e,t.t, Or en" ~ll't th.t",t, Ind 10 deBI wit" ..,id rullStllt. end 'Vlry plr. thlreof in an other w.v' Ind for ,ueh other tOnlid.,atiOns 111 it would bt 11~t.l1 for Iny Pll'.on Owning the urn, to d.al with d~, Mrrl4P. wntlMt ,imUM to Or diH".nt 'rolT' Ih. wavs Ibov.lptIci1iad, ,t ,ny ti"'e or timel h..,ft.r, and oth.rwill' to maneDe end dispOH of lIid prolle,ty. In no C4ld Ihall ."''' pI'tv dtlling with hid TrUll" in ral.lion to ..id ".311 U1tle or to whom uid rill "t.te Of' Iny Plart th.rtof t"'lan b. t;OnnV' <<I, conlr,ttftf 10 ~ IDld. J8.41Md Dr mOl'tllli!lged by Hid Ttl.lltl., bt obliUM:t to IIIB to ,1'\. .pplic.,ion of any puteh... monlV. r."t. or mOMV bo"ow~ Dr .-1vsnclld on $Bid PftmiMl, or bt obliaed to te, thet the terms of this trun hlv, bellm eomplifld With, Of be oblig.d fO inquire intD rtlt nKeuitv Or .:Jt_ ptdilr'ley of tny act 0' said Trustee, Or b.. Oblivtd Or DrivHtQtd to inquire I"to ."y of the terms of laid Trust Agrnmlnt Of' Decl.ration of Trust; ,nd '''wry d..d. truSt dttd. rnortaaot, ''''II or other Inltrument elCtC\,Ittd bv t.8id Trult.. in ,",Utio" to tIIid rHI ..,," .h,U be cO"C:;lusi"e evid.nct in fsv'OI' of IVlr", p.,-lOn r'lvinG upon Ot el.iming under .ny wch COnlll'Ylr'lc:t, I."e or other instq""",."t (a) th,t.t ,1'1. time 0' the delivery th.flKJf rl't, trun creat" bv thIS 'l'Id,n,ur, :md by Mid TrUlt A;r.em.ru ."D OUI"r.,iol'l of nun w.' in full foree and .,hc" lbl that such cony'Vance or ott'l... inmu. ......n' lNa. "Icuted in e~cordancI witt'! t"'c tfUltS. tonditionl ancllimlt.tions ~n!'inld in ,hil lIid....tuf. and in IBid rruit Atr..mef\t atuf Oetl.,.Uort at Trust ,nd ;1 bindil'lfl upon ,11 benefi.ciafie, thereunder. lel that Slid TrustH WIll duly a-..tt'!OtiZtd .od .~ow,'.d 10 e)!lev,. and delivet' IV....., suc:h d"d, trun d..e1, I,."" mortgage or other instrument .,..d (dl if the convl!!"..nc. il mtel. '0 " wcclnor or suc:t:I!!J!Orl in !ru.t, t:h., tuek tuCCIllOr Of ,uc:' f;:euors in tnut h.... b"n properl" t.,pOir'l,td 'nd fullV ....$t.d with.n ,ht ti,I.. II5tate. fights. poWIf". dutie, and oblkl.tiOftt. of the said ,:.r.c;rttetlOf in trult. .. .... ... - - A".,. (ll')lm'~r, DbligatiDn or indebtedness i"C\.Irr.d ear ."t.red into bV the Trusftr,. il\ eonnee,tor'l with Mid rnl e,t.te me." be ent".d intO by it in the n.me of the then benefici.rit, unUt' .tid ftl,lu A,QrMmtnt Ind Deel.r.tion of Trun, as 'h.i' ,nO'r'lfy j" f.at, hv.by ,,,.yomJ,, appOinttCf for ""eh purpo..e, or, IS ,he ahtctiol'l of said Trullee, in IU own name.s Trult.. o~ an .,cprIl5s !rust Ind not i,..oiviCh".Uy .nd ,ht Tru't" "hall have no Otlli. 9*tiOn ",,".Ugevt'f with rll!spect to eny .uch contract, ob1ig.tion Dr indl!btttdrtnS 'J{G~t only SO far al the trun property Ind fund' in the attual acnes' ,ion of the 'Trustll shall bt Irtplieable 'Dr the p,y""n' and ditc:t'large th.,te':ll\d it thaI! be lIIll:prtiily u"d.r~tood Ihat Iny r'p'...tnlltiOttl. VII,a.nll,,,, cC\v.nanu, undert,kingl and avre..me-nrs hertin"htr t'l"Iadt on the p,,,t 0. the Tnut... wl\Ue in form purpor,if'tg 10 be th. rllprllst-n\l,ionl, warranUts. t~.".nenll. uf'l4.nniftQ' ,nd "grllemlllnU of yid Trul1... art ...evtr'"'I''' madl! .nd ln1,ndeCI not.s pet,onal "'Jf.II",..~n,. warr.ntltl. c;o....en.nu. un- dertskinvs and a~..m.l'\u by 1,",' TruStn Of for the purpo.. or wit" the Inl.n1~n or bindi"l uid Tru.," plttDnally. bu' '" mad..nd inttnded fOf the purpOM af binding on'v ,!',it "I.IIt prOptr!v spec:ifie"lly des.crib" "..tin; 81"10 ,h,t no pIIrsons' liability Of PffSOn,' raponiibj'iw i, a.fSumed by,;of shall It ,ny liml! b, asStlrted Or trlf(lrciblt .0.,n'1 1;h, .. Trustee 01\ .c-::nunt of .ny inltrumerU eJtlcut.d by Or Oi"l.Ce:OUft' of .ny. r.preMlntation. warral"tIY. coven.nt. undett,kinG or 8G,..m.nt (If th. Mfl1 Trvltn. fIt"... -='~",.ued or imPHtd. tll $ueh penon.lnabilitV. if any. being hprtlS1" waived .....d r'ltUtd; and III person' and eorporationl whomSOevtr end wh,uoever shell b, c;hargtd With nOtice of this cOndition from the dlt. of 1"* fifi"'8 for (.co,d Of t"iS O...d, L In - .... eo The interest of ,.c:h and every benffici;!JrY t'lf:ltynoet and under the Tru!J,' ^i1".meI"l1 and Oeclar.tion of Trun t'ttl'einbefOf. "t"r.d to .nd of all p'rsOnt. claiming under thlm or any of them ,hall bl! Oo""v in t"'l .'fnlnQt. .vail. .nd prOCudl erifi"v fro,,", (he ,..1, 0.. Cthtr di'POlidan of $iltd r.1 fruste, ."d Mole" inttr.n ii heteby <:1.(:181.0 '0 be ptIrsonal property. and no b.oltf,ci.!rry hettond" shall hllvl! any ';tle or inter,st, letal Or tQuitable. in ~ ~_. ...~~,. ...~ ...~......."'_ ........~. ... .4~r_~.:"" - ..... tit - .... ., - - - ., 10/24/1995 23:43 4078512226 PAGE 01; . .. !.);! J l'" J'1 "J.,." UG.l,l m:!',cJ\J J'7 ]01,: ];~Sil1r,iTlS ..t e point in tht; 1\01'\1"1 line of Ff-ctior-. 8, 'I'oll.'l'lship ~5 Fout}-, ~ngf: (3 I:,,~t, Palm Et;8C', Coul'lty. },loT::oa. at e ci~tltncf: of 3)2 ff-t't \-:t-st of the };o:rtl,u,st corner thEJ"F.c>:f: thence Southerly; 'rr,~); an an~)f: "Hr' E.eic5 ~f:ction lil1li', M;e~\Jr"'o fJOIl. \':est to South of E.3 Of-SlfES:. 3~ n,it1\.ltes: and 210119 the ":est line. of J1JGH J<IDGES17BDJ\'JS .,ccC>JoiTlg to Oj~ Plat 1',ertoof :tf,coI6e6 ir-. P];;t :bOOK 22, lit p~ge 6, Pu1:'~ic F-et'on3s of Faln, F.eacr, Cout,ty. FloTic.., Eo di5'tence of t.bD feet: O,~T,eE ,,:ps\E-r]y clang ~ 1;n<, p~rl!'lJel to n.( Ji9ht-of-....e)' lim; of Eypoh:);o 1.086, e 6i s:\at.Cf- of 750 :r..Et I tJ'H,ce I;ortnerly elons f: lillE }:.l!'tallel to the \':est liT'E of nigh Riogt S",bdi"i!;ion to th" I,orlh linf- of Eei6 S~ction 5: thencf: Easterly ~lDn9 the North line of ~eid SFction 8, to the Point Df Beginning. . LESS ~ ~arcel of Land in S~ction e, To~~ship 45 South, Range 42 East, ~alm Beach County Florida; said I.arceli beinS !5p"dfical1y de5cribed as fol1o~'s. Commencing at the Northeast corner of said Section BI thence run Westerly 810ng the Ilort.h line of !5aid SE"ction e, II distance of 742.00 feet to the POINT OF llEGINNINGI thence SoutherJy, along a line perpendicular to th~ North line of Baid Sect.ion e, a distance of 4&5.00 fE"E"tl thence Westerly. along a line 465 feet South of and pal-aIle] to the North line of saie Section B, a distance of 372.43 feetl thence Northerly. ma~in~ an angle with the pr~- ceding course of 83" 34' 00" mea5ured from East to North, along a line parallel with the west linE" of thE" plat of HIGH RIDGE SUBDIVISION, as r..corded in Plat BoOK 22, page G of the Public ~ecords of Palm Beach County, Florida, a distance of 467.95 feet to a point on the North line of said Section 8; thence Easterly, along the North line of said Section 8. a distance of 320.00 feet to the POINT OF BEGINNING. . RECOIlO VERIFIED . PALM BfACH OOUNTY, FLA . JOHN B. DUNKLE CLERk CfAcu/r COURT 10/24/1995 23:43 4078512226 PAGE 07 A"c ,lot, GrjMOI, ..... "',ttb... 'ully "'a' ran' ..,.,.... t"e 'ftl, to uid te.! ."". and will deftnd tht lii'fl' .g.in,t tht I,wful cliil"l"li of iil1 ~'IO"\ whom'Of'l,r IN WITNESS WHEREOF the G'"Mor__ Ilo,...:d hl~ h,,'unl. ..1 his December 82 ..__.19 hln~ Ind ....1 thj.-----.19~___ d.y 01 LAWRENCE B. [~~tf~ , lSe11l ~ lSe.1I oJ '. STATE OF FI.ORII:I^ Pallll Beach COUNTY Of' ~ N: I HEREBY CERTIFY Ihll On Ihi. doy b.lo,. "'. In ollie.. duly lulhoriud In Ih. SIll. Iforo..id Ind in Ih. COIInly .fo....ld 10 Ilk. .c.Jr.nowledgrments.. per5bnallv IIppe,red Lawrence E. White, 8S Truetee '0 ""I ItnQWf'\. to b~ the ~'wn described i.... and 'who .~eculed the fDrtgoino initrument .nd--.Lbat.cknowlrdDf'd b.for. P:1.,~,t he .,.,ecuttd tt\1! ume, for the "'"' ."d purpQIoel ,,,,,.in mentionea.. ~"\'-"~'\"""''''~''r:,..~1'"", .\,' , ;;f.' "~~,,,..,'t 'i:' <" in the County.",J State- a'oresaid 'hi",~:'.~4t...~t:.i!I':,"f.'~;.~'~ of " . .. ", " .,' ., ~ ... ... :''.,~''.~',:.,~'tl', 't:;~:(~. i. ;~: ""'.:" 0 : '~~~1~ ~ 1.&.'..,',," .{ ..... :~r":,~: "j}.' ~1, " " 'f:!) . .'-', U~' .~ .;t',.,:... ,'" ..... .... ~ .. . . .. .... ...~ ~ ~.t ,.,~.~.;i~::f ""; ~, ,J ~J, ':: , ,'. . .l'AJ~,;..iT ~ Alre .. .. .... , . ,",.. . .' . ,..11'" wt"NESS my hand .nd offit;i,,1 $-ul .t De1ray Beach Decembel' 82 _19__. My commlsston eaplrelo ~ . I _~. I~U ->!l'~Jt~,:At lAW OFFICES OF '(... MICHAEL M. L1STICK. PA AttorneY At Law 616 E Atlantic Ave. Defray s.ch. FIorId8 33444 P,tp.red by: If (i,41' ~ -7 ~. ; f" v~ v' .. ;, :r ~ ..... 0'.1 l,lJ In -..J t ~ .. - D - .. , . " '. ... . ., d. -. ., '10/24/1995 23:43 4078512225 PAGE 08 .~. r' ' .~. 0'" '1 .,' WARRANTY DJ;llilD TO TRUSTEE UNDER LAND TRUST AGREEMENT UJ :I .'" C :I THIS INDENTURE WITllESSEnt, That the Grantor LAWRENCE E. WHl'rE, TRUSTEE -- i- f.:'" II ..,-I' 3543 Cullen Lake Shore Dl'ive of the County of Orange and State of Florida - for and in consideration of the sum of Ten Dollars and other good and "I.;:l.' Cll>r"" ....., valuable conSiderations in hand paid, receipt of which is hereby acknowledged, hereby grants, conveys and warrants unto Lawrence E. White, Trustee, ~ ~ ~ 3543 Cullen Lake Shore Drive, Orlando, Florida, 32812, as Trustee under #1 the provisions of a certain Tru.t Agreementl dated the 30th day of December, 1982, the following described real estate in the County of ~ ~ Palm Beach, and State of Florida, to-wit: I ; See Exhibit "A" attached hereto and made a part hereof. I ___ _-" _m...____ ,.- STATE OF' FLO~~IOAi OOCUM~NTAR~>~<>" ~:!l~.tv..P .Il,^, I WI. OF RlV[NUEIi;Y.:i~<' I ~ ~ AU62Z"lm:f;,~~~}J):: 0 0, 4 5 ; :::. RB, \;..'i~;.~{.J :.::1..04 -""':'.'o.:.r ___........._._1 - too '3. ,t. '. 1::/ ~ -" 0" <:> ",' ell: ." .... -.1" ~ ~~ " - '" "" I". TO HAV~ ANO TO HOLD tht said Tn' tnall in fee ,imple wit'" thl .ppurttlMnCWS upCI'\ the trUlt 100 fO'r tht pltrpo," h,f.in and 1n taid rruf. Agr,ement end O.CI,r.1ion of Trull..t f()rt"'. ' Ft,.l1l pow. .nd authority it hereby ;rantld '0 Mid Tru,t.. or itl IUl;c;t,sor, lD improvt, ,g flf't::I~'C;t, CO.,Mn1f.nd to ,'II. to lubdivm. ak:l' r...1 estate or ''''v Pt', ,h.teof. to dedical. Pltitt. ttr..tI. hiehwaYI Or ,/ltVI and to deat. .nV ,ubdlloljs;oJ) Dr Plirt thtfeot.nd fO retubdividt ,aid ,.,1 an"e n Qftan ., desired. to contract 10 ,.11. '0 orant options to purch.... to 1111 on any ttrms,'O conv.y .it".r with or INlthOut eon.lid,re'iC". 10 ~n'Yt..,. said r.al .,..t. Of 'n.y part the,eof to , iUC<<$tQf or ~Cce'iOfli in tru" 'l'Id to arant to such tuCctuor III ,Uc.ciIISlOr, in "Utit all of tha tit I., t"".,e, pow.r, end luthoriH.. v"t~ in ,.id Trusl.., to dOt'ulIle, to dtdicatt. tD mortt*Q., pl.del Df oth.rwill .n.C:l,lmb~ ..id ,..1 '1"" Of InV Plr~ thtr.of. to 'f'a..,.Uf raat .Ita'. Or .nv pjitl th~reo'. from time to tim.. in po,,.eUion or 1II"'.'liOn. by IUt., to commlnl;t In pues.nti Or in futuro. aM upon tlIf'1V tf'm" and for any period Or p.,.lodl of tim' not ut=..ding in thl Uit: of 'hV 'ingll demiSI ,he ,,,m ot 99 yearl. tnd to f.n4'w or 8xland '''Jifl~ Ind to "m~nd. change or modify l"slS aM th. ,tn"'u Ind Pfc;wjsionl thlr.,f, to =ntflctlo make 'M'" Ind tD grant OPtionlto 1.8'1 Ind optiO"l to '.."~ ,..,eland options to pur(hale the whole or any part of tt'll r~'r'lon ,nd to c.Ontrl(t rf'Pf~,jne the m.,.,,,., of fixing t~. ,mDunt Of 1),...nt Or fU,t,I1' III nt, II. \0 partitiOn or e_(hlnge seid fBll ,,'.1. Dr an" p.1!Irt t"trtof for Dthtr r..1 or I)triOn.l propertv. to QI'i/lnt essemanU or char;" of ,ny IUnd. 10 rel_'B, eon, ~ V'V Dr BlSivn any riv"t, title Of i"ttr...,. In or about..id r4'" '."1' or anv part thereOf, tnd 10 d.al with ...id '&11.'1." .nd .~ery Pftf1 ,hlreof in.1I 0'"'' IN'V..nd far such other c~l"l.idlratien$'t. i, would ba 'awful for anv per,on owning tl'l&\ .am, to dlla! witI'! the Io8ml, whtt"" similar to or diff....nt ftQm th...,.Vfi ,bo~ .Pfteififtl. ., .nv tima or times hIt,.h.r, ,nd oth*,wiSll \0 n'\IIn.g. .nd dispo,. of said property. .n no ~'l' ,hIli an." party de.li"" with $lid Trult.. in r.l_tion to Mid r,,1 It,tata or 10 whoIT' $lid rul'n..,. or any ~at' ,herllDf shan be convtv. ed, convected '0 bfolOtd.laBsed Or mort\)lItJ.d by Mid Tru,t,... be oblittd fO.ft 10 the aJ)pJic-ItJon Of any SJU,c::hase money. ,.n.. or money bOr~Olfllld Dr *""van,..d on Mid pr.mi..,. Dr be obli~.d to ... ''''I' the tetm. of .his !run heye been complied with, or be obliSl,d 'to inquire into the MCliii'V or ex- pt'di,nev 01 ,nV 8ct of said Tnnrea. Of be Obll.otd Ot ptlvJleo,d to inquire In,Q Iny of the terms of setd Trult Agl.tmtnt Dr Ote-laraliQn of tr~11: and liYtry cs.td. ,rYlt deed. rnot'tOI9', I,ue Or Oth.r inslrum....' ....eLltlld by aid Trustee in r~hniQn to uteS '...IIU_.. shilfl bt l;Onckniv' hidltnca in f.vO" of .",ary par..:>" r.lying UJ)on at eleiming under env tucl't cor'IVty.nC:e, 'ea.. ar Oth.' inlltrulTumt la) tl'1lt at the time of ,he deliyerv th.reof th. 'run c=reat~ by this Indtntut. ,nd bv ..ic:l T,ust Agfl.ment Bnd D.el.r"lon of Trust Witll in 1ull force ilnd crff,~. (b) tm? I",~h ,"onvlya"'tl or oth.. instru. ment wa. IXlcut.d in aC:l;Qrd.nc, lNI1h the!! trusts, cOMitiOl"l.1 Ind Ilmit,tiO", contlitltd in lhis Indllntur.,nd in $Sid Truit AgfHment and Dectar"iOn of Trust ,nd il bindin; ul)On all be....fici.',.. thtreunder, lei th.t Uid TrVUH WBI dvl.,. .I.uhorized and e!1'tPOw.r,d to u.cute Ind dllivar every wch deed, truit ciMd, leaU!. mortgage Dr other ir'lnrumtnl ,nd h:U if thlllOonytv.r&c:e is mad II 10 I sutcessop 01 lute.....or. in IIUit. th'l ,ueh succ:4tiiOr or s.uc. CII$SOrl in tlust ""Ye be,n J'fope,'v .ppointed and fully vened with all 'he tllll. estale, rights. pow.rt. dulin and Cblig,lion, of the said pr.d.c....or in trU$t. - ho - - Any (X)ntflct, ObliQI,ion or indebledness ineurr.d gl .T1ll1feet ilUO b" rhe T'u,t\C' in (;onl'lecUo" with Mid rell 8it.,. may b. Inttftd into bv it in Ihe name of the 11'1." b,n.fi,"i"rit~ ur'ld.h uld TH.lll Agntmant el"ld Ceelar81lon of TrUlt. lilt. their ano' ".v in ftct. I'i."bv irr....ot:ablv IPpointed to' such purpQ$., 0', .. rht lI'ection or uid Trl,l,,1et, in its own name " Trul'n of ,1\ eJlpreu tr....1I end n(ll indiyidually In(;lll'le: Trult.. sl'l.1I hhe no obli. ..Iion lNh"IJOll:vlK with r"sp.ct to "nv luch c:onuael. obli;ation Of indtbtt'dneu. 8li!.ellpt "nlv to f,t .. the IhJlit pr(l~."fY end fund" in lht Jlclua.1 ponti' ..ion of 1he Trultee .hlll b. IIPOlicifblf: 101' the N\,rnent ,nd disch.rg. 'her.,f; Ino il sh.1l be npr"tly ~n(ltritDod 'hat .n't I,pre"lIntitiont. INauanlli". cOy.nents, undertakings ,nd a~rllement' h.rtin.ftlr !'!'\adt Qn the part of the Trlo'ftet:'. white in form purpelt1ing to b. tht fepl'ttent1tioni. W.'fllnlies. covanln1li. undartlkinos 'M .greement, Qf IBid Trun.., art ",,,'rthel'5I m_de Ind lflt.l'Idtd no' iii$. perlonal ,'''resent.ttans, warr.nties, coven,nu. un. d.rte"ineI8nd .aur..m....U b\' ,,,, Trusfee Q' fot the pUfpar. Dr wit" tht inU:n1~n of binding lIiCl Tr\,lltee perlOn.lly. bLlt .ra t1'1,dt .nd intended for th. "urpoJt ot binding only the 1fust prOP'''\' J~lelfic.ItV deliCfibBd h,.flil'l; and thlt no pers.onal nabilily or p~u$Onll rtlPOn'Ibifily ilulumed by nor th811 .t anv tif"l'rlt b.. .........d or enfD,cibJI' again.!t thl!' _ Trustea on acCOt"lnt Qf eny inli\rul'l"ltn1 exeCUted by or on acCOl.lnt 0' any rIPt."n1.1ion. 1NI",ntv. CQIol.n.nl. und.rt.kil"lO Of 'Q,eemenl of th. SlId TrUI.... either f).pras.sld or Imp'ifi'f. .11 Il.1ch per",,,.,liabiUtv, if .nv. beinp. e..,:Irtssly waivtd Ind telnted; and ell persons and corpOrationt whomsaeloler .nd wt'\;IIUO'vtt &ntll be c::hargl!ld whh notice of thi.. condition fron'! tl'lt dalt Df 'hll tiling fOt r.cO,d of It\it ONd. Tt\e inhttl!it of .ach and eVI'V benl-1idtrv hf.eundltt Ind und., 'h. Trl,.n1 A,yrument and O.clarltion cf Tn.ut h.reil'lbefor. ,.t.lled to a.nd of .11 plt,ton, cteimi", und.r th.", or any ot tl'lcn'l .nall be only in the II' ning,. Iv.ifs. "nt! proclled, Ifiii(l!il frOM the ..I. or Ottt,r dilpOlition 0' IiJIl.'I r.' ....... ...."" .......k int.,.., ;,l hl!Iebv d~da'l!d 10 be perlOr1el ~roperty, and 00 b.neflciary ht'e....nder ,hall hay. any tiUt or interest. IlrIiIal Qr equitablf. in L In - - .. . 18/24/1995 23:43 4878512226 PAGE 89 . And the Grantor ~ h.rtby fun., warrant _ th, tltl, tc MId ,..I ed,le ~r'ld will drf,nd the $.iI"" _0.'''''' the l,w.",1 t:I.i"'" of .1I Ptrton~ whomsoever." IN WITNESS WHEREOF '''e Gr"l"ItClr__ ,for....id hl.~_ htreu!"ltD seL.h1.!L~,___hlnd and .,.1 thisJOth .-. da't of D~cember .______. 19~. ''L O...r ',...ncl: ~ ?~..,.: LAWRiNCE E. WHITE, TR~ ;;~ I.... 0.; ISoan 0" - lSo.n U.' ,." STATE OF F"OIlIOA Palm COUNTY OF Beach \ ..: I HEREBY CEIITIFY ,h.' On thi. dav belo.. .... .n ollIe" duly au'kori..d In 'he St.t, .IO....id .nd In th. County ,IOreMld to t.k, December 19E-. .:. t ,.,", ,',.', thAtaek"""'ledo.l~lV~;:""'~;"a;lt_~' ~ oC;, ~ '.~ ".~-. _ ' " a" It...... '~',,'. ... ., Tfol.... ,. '. .<'. ::1:"", ,.... . ..~ t 1..:,. in thl County .nd Stl" .fore~id th'~ f;.~,r; 3'fih" <b" ;+ct ~ ,~.; f!. """'~'~.':' . -;. \ '-i "-:-<It. .:- ~'.',,':;; '. ' 't 1 ').I~C. t ,~'''..... 1\,:,' ..~i./, ",, ",~ 'S.1h' ~" : ',' II"" ~ .i._'" , 'IUL,..tl'\'~ . ,If"- ." .~~ .- ",','1.. .cknowledgemenb. ptor&oflally ,.p~.red La~ence E. White, a8 Trustee '0 ~ knDwn to bl: the ~n.on descri~d In Ind who executed ,t" foregoing Instrument and e.ecvted .he Mm.. for the \)$es .nd pUtpOM' therein l"I1~tioMd. WITNESS mv hand and olli<l.1 ...1 a' De1ray Beach Rll;6.~' :fi.~rt.~~ 1.11.1 MV CONtMI$SION U:fIlE~ Ill". 11 U ....'lUtV h,W ",,,tllAl. INS . lINDfIW~1l 'tOpol'''' by: d- LAW OFFICES OF (I. n P MICHAEL M. L1STICK. P.A. f"l(k '1~ AtIomey At Law --30..... 616 E AtIIIntlc Ave. ---:;IlfI1"'" Dtlray e.ch. Florida 33444 , ,. :-. C_' (" .. ~ .- .--e -- .... OJ~ ...... - -I... -", ~., 1...- .: - C'I . ..... - l ". " .~ ..... 10/24/1995 23:43 4078512225 PAGE 10 , ,'-', ... . .' 'ji{~~~ti~~}~iit~i~;\%~~i;:,~t:i~,~ft~'/:~('.;~~i':~':;!<':;'};;i{;T\f~\:' ,. "'. .., - .. - ... ., - ... - . ~. .~ . -.:. '.... A parcel of Land in S~ction 8, TO~~5hi~ 45 south, Ran9E 42 East, ~alm Seach Count Florida; said parcel beitl9 specifically describ@c as follows, I Commencing at the Northeast corner of said s..ctiotl 51 t.hence run West.erly a10n9 t'. Nort.h line of said Section 5, a distance of 742.00 feet to the POINT OF IlEGItrnIt-lG t.hence southerly, along a line perpendicular to the North line of said Section e, distance of 4~5.00 feet, thence Westerly. along II line 465 feet South of a;'ld parallel to the North line of section 6, a distance of 372.43 feet, thence Northerly, making an angle with the J ceding course of 930 34' 00" measured from East to North, along a line parallel w; the ~est line of the plat of HIGH RIOGE SUBDIVISION, as recorded in Plat Book 22, page 6 of the Public Records of Palm Beach County, Florida, e distance of 4&7.95 feet to a point on the North line of said Section B; thenc@ Easterly, alon9 the ~orth line of ssio sec~ion B. a distance of 320.00 fee1 the POINT OF 5EGINNING. ~ - . RECORD VERIFIED PAlM BeACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUIT COURT NEWPORT PLACE LUEA (FKA STANFORD PARK PUD) TABULATION OF UNITS/BEDS AND ESTIMATION OF DENSITY TABULATION OF UNITS BEDS ACLF 356 Ridge Terrace 120 BUILT...... ... .476 Proposed ALF 120 BUILT PLUS PLANNED....... .596 ESTIMATION OF DENSITY Built: 476 / 2.3 = j)f.).'l "".<1. 207 units / 23 acres = 9 units/acre. Planned: 596 / 2.3 = 259 units / 24.77 J.l. sf, acres = 10.5 units/acre. \ \.~\ ..r ...t{bS .,~ ~ ;J ;,1' ~ (u' ~/ ,I.,ve:-5 ,..p' K i' L l.fi 1~ ; / r-vP ;..(~ 1-(1- y. k,1'1 f v~ e? ,"7 J-- ~ p.rr planning and zoning dept. 12,,95 Prepared by and Return to: . LYNDA J. HARRIS, ESQ. j WILL CALL #69/LJH Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell 19th Floor - Northbridge Tower I 515 North Flagler Drive West Palm Beach, Florida 33401 MAY-04-1992 03:26Fm 92-1351 :'?7 ORB 7228 P'l 1378 Con 365,000.00 Doc 21 t 90.01] CLERK OF THE COURT - PB COUNTY, FL WARRANTY DEED THIS WARRANTY DEED made and executed the 24th day of April, A.D., 1992 by SUBURBAN BANK, whose post office address is 6801 Lake Worth Road, Lake Worth, Florida, hereinafter called the Grantor to ROBERT A. SALSBURY and HELEN M. SALSBURY, husband and wife, whose post office address is 4745 NW 7th court1 BO-ifnton Beach, Florida and whose Social Security Numbers are 29 -52- 878 316-60-9749 , hereinafter called the Grantee. WITNESSETH: That Grantor for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Palm Beach County, Florida, viz: Tract 3, of stanford Park according to the Plat thereof, as recorded in Plat Book 46, pages 67 and 68, Public Records of Palm Beach County, Florida, LESS that portion of Tract 3 designated as the 50 foot wide ingress, egress, utility and drainage easement as set forth on said Plat. PROPERTY TAX IOENTIFICATION NO. 08-43-45-08-04-003-0000 SUBJECT TO: 1) Zoning and/or restrictions or prohibitions imposed by governmental authority. 2) Restrictions and matters appearing on the plat of Stanford Office Park, Plat Book 46, Page 67 and 68, PUblic Records of Palm Beach County, Florida, or otherwise common to the subdivision. 3) Reservations reserved in Deed Book County, Florida. of The Lake Worth Drainage District as 803, page 579, Public Records of Palm Beach ORB 7228 Ps 1 379 4) Restrictive contained in that Record Book 5822, County, Florida. covenants, conditions and stipulations as certain Declaration recorded in Official page 999, Public Records of Palm Beach 5) Reservations by The Trustees of Internal Improvement Fund for all phosphate, minerals and metals, petroleum and for drainage and reclamation as reserved in Deed dated October 18, 1949, filed November 14, 1949, in Deed Book 891, page 172, as partially released as to the right of entry and exploration arising out of the reservations for phosphate, minerals and metals and petroleum in QuitClaim Deed, recorded April 20, 1983 in Official Record Book 3923, page 1621 and Quit Claim Deed as to drainage and reclamation, dated July 26, 1957, filed August 13, 1957, in Official Record Book 89, page 120, Public Records of Palm Beach County, Florida, which has been released as to right of entry and exploration and as to drainage and reclamation. 6) Resolution No. 8315 of The Lake Worth Drainage District Re: stanford Park, recorded August 24, 1983, in Official Record Book 4022, page 254, Public Records of Palm Beach County, Florida. 7) Terms, provisions, restrictive covenants, conditions, reservations and easements contained in Declaration of Restrictive Covenants recorded in Official Record Book 6648, page 1088, Public Records of Palm Beach County, Florida. B) Taxes for the year 1992 and subsequent years. TOGETHER wi th all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said 2 'Svl...; ~c+ t]JU City of $oynton $eacli -~~ ~~) , . ',~~. 100 'E. 'Boynton 'Beach 'Bou/wa.rr{ P.O. '1lo't,31O 'Boynton 'Bead;, :FWrida 33425-0310 City:Hafl: (<<)7) 375-6000 :FJU: (<<)7) 375-6090 October 10, 1995 Mr. Dan Weisberg, Senior Bngineer Palm Beach County Traffic Division Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, Florida 33416-21229 Re: Traffic statement: . stanford Park PUD (Newport Place) Hypoluxo Road and 7th Court File No. LUAR 95-006 Dear Mr. Weisberg: The enclosed traffic impact study, dated September 20, 1995, prepared by Yvonne Ziel Traffice Consultants, Inc. was received by the Planning and Zoning Department recently for the above- referenced application. Please review for conformance with the County's Traffic Performance Standard Ordinance. If you have questions regarding this matter, please call me at (407) 375-6260, otherwise please send me your written comments/ approval to the above address, with a copy of your written response to Bill Hukill, Director of Development Department, also at the same address. Very truly yours, ~?k' ) ;j<;/tl~ Tambri J. Heyden Planning and Zoning Director TJH:dim cc: Bill Hukill w/attachment Central File Jlmerica's (jateway to tfu (julfstream ~~ YVONNE ZIEL TRAFFIC CONSULTANTS, INC. 918 U.S. Highway One, Lake Park, Florida 33403 Telephone (407) 842-0907. Facsimile (407) 842-9284 September 20, 1995 Mr. Michael Haag Planning & Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 RE: Stamford ACLF Dear Mr. Haag: Yvonne Ziel Traffic Consultants, Inc. has been retained to prepare a trip generation analysis for the above referenced project, located at Hypoluxo Road and 7th Court. The project has been approved for an ACLF with 272 dwelling units, the applicant is proposing to increase the dwelling units by 52 to a total of 324 units. Attached are the trip generation calculations for both the approved and proposed uses. Trip generation indicates that the change results in an increase of 112 daily trips. Since the increase is less than 200 daily trips, according to section 7.9. (I) G, Subsection 1. (C) (1), a complete traffic study is not required. Please contact me if you have any questions. Sincerely, VONNE ~IC onne Zl.el, Pr sident CONSULTANTS, INC. .- Enclosure C Mr. Dan Weisberg, Palm Beach County Traffic Engineering and Planning TABLE 1 STAMFORD ACLF TRIP GENERATION RATES 24-Sep-95 02:41 :26 PM AM PEAK TRIP RATES PM PEAK TRIP RATES LAND USE IACLF/DU SOURCE: INSTITUTE OF TRANSPORTATIDN ENGINEERS, TRIP GENERATION, 5TH EDITION SOURCE: PALM BEACH COUNTY IMPACT FEE ORDINANCE- ADT ITE CODE ADT TRIP RATES TOTAL PERCENT ENTER EXIT TOTAL PERCENT ENT: EXI:1 252 2.145 0.06 61 39 0.17 TABLE 2 STAMFORD ACLF TRIP GENERATION - APPROVED UNITS 272 583 16 10 6 PM PEAK TRIPS TOT:L ENT:6R EX: I LAND USE IACLF/DU SIZE ADT TRIPS AM PEAK TRIPS TOTAL ENTER EXIT TABLE 3 STAMFORD ACLF TRIP GENERATION - PROPOSED UNITS LAND USE SIZE ADT TRIPS AM PEAK TRIPS TOTAL ENTER EXIT PM PEAK TRIPS TOTAL ENTER EXIT ACLFJDU 324 695 19 12 8 55 31 24 APPROVED TRIPS: TRIP INCREASE/(DECREASE): 583 112 16 3 10 2 6 1 46 9 26 5 20 4 * Newport Place A Full Service Retirement Community Mr. Michael Rumpf Planning & Zoning Department The City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33425-0310 October 24, 1995 Dear Mr. Rumpf: Re: Newport Place - Planned unit Development This letter confirms that Newport Place Associates, Ltd. (owner) delegates authority to Ronald L. Aylor to represent the Owner in matters regarding the application for Land Use Amendment and Rezoning. Further, we certify that Mr. Aylor is an owner of Newport Place Associates, Ltd., and is President of Newport Place, Inc., the General Partner and as such, is authorized to act on behalf of the company. Sincerely, NEWPORT PLACE ASSOCIATES, LTD. \ Brad . Majority Sha co.N--- Gibson James C. Gibson and Brad H. Clifton have personally appeared before me and are personally known or have produced as identification. Signed this ~1 day of O~' fo ~ Notary PUbliL ~-q ~ Commission Expires , 1995. _Known [I",,",LI). 4735 N.W. Seventh Court, Lantana, Florida 33462 (407) 586-6455 ~f688 Board of Supervisors C. Stanley Weaver KermIt Dell John I. Whitworth III Secr8tarylManager WiIUam G. WInters AssistantManager Richard S. Wheellh8l1 Attorney Perry & Schone, P.A. LAKE WORTH DRAINAGE DISTRICT -^-^J 130B1 MILITARY TRAIL OELRAY BEACH, FLORIDA 33484 December 5, 1995 Mr. Michael W. Rumpf, Senior Planner City Df Boynton Beach 100 East BDynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33435 Dear Mr. Rumpf: Subject: LWDD Project # 95-2697D.Ol, Newport Place, Analysis on Availability of Drainage Facilities, Canal E-4, BB Dept # LUAR 95-006 The abDve site is IDcated within Dur jurisdictiDn bDundaries. Drainage availability is based upDn the applicant meeting the L WDD pDlicies and guidelines. If YDU have any questions, please feel free tD cDntact me. Sincerely, INAGE DISTRICT Patrick A. Martin, P.E. District Engineer PAMlmfb c: TambTi J. Hayden, Planning and Zoning Director, The City Df BDynton Beach iW('O" I,; ;!; " ,:.: : ' L'J ,,'.:1 L_i~ '.1 ',' ,., 1". r---~.~-~''-;'.'~_''- 1 ,I :; I I 1995 ~J PLANNING AND ZONING DEPT. Delray Beach & Boca Raton 498-5363 Boynton Beach & West Palm Beach 737-3835 . FAX (407) 495-9694 l"'<--~ kC\ ~.!-""~~ -hk-- Memorandum Palm Beach County Intergovernmental Coordination Program Clearinghouse 500 Greynolds Circle Lantana, FL 33462 To: Tambri Heyden, Planning and Zoning Director Anna Yeskey, Clearinghouse J\W(; December 19, 1995 BOY-7 From: Date: Subject: Please be advised that as of December 19,1995 the ClearinghDuse has nDt received any formal objections tD BOY -7 from any participants in the lnterlocal Plan Amendment Review Program. cc: Terry Hess, Treasure Coast Regional Planning Council ~ ~ @ ~ U ~ ~l ij\ \ 1'111 GII.'1Cr'i"1 \ L"~! .} I 'I " L-pl\;./;:;::~t,'~:"'0 ,-,--,' , ; z/:,.\:,;..~~,::,~., , -~"