LEGAL APPROVAL
ORDINANCE NO, 01- 4'4
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, REZONING
A 5,05 ACRE TRACT OF LAND
COMMONLY KNOWN AS EAST RIDGE,
FROM MULTIFAMll.Y RESIDENTIAL (R-3)
TO PLANNED UNIT DEVELOPMENT;
PROVIDING FOR CONFLICTS,
SEVERABll.ITY 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, the City Commission of the City of Boynton Beach previously
on November 19, 1996, approved a rezoning request to change the zoning on 5.05
acres of~roperty located 100 feet northeast of the intersection ofN,E. 4th Street, and
N.E. 20 Avenue, approximately 300 feet south of N.E, 22nd Avenue, from R-3
(Multiple Family Dwelling District) to Planned Unit Development, known as East
Ridge, subject to staff comments; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map to reflect this
action, 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 as follows:
A parcel of hmd in Section 15, Township 45 South, Range 43 East, Palm Beach County
Florida, more particularly described as follows:
East Ridge P.U.D, according to the Plat thereof recorded in Plat Book 82, Pages 118 -
120, Public Records of Palm Beach County, Florida, and also being a replat of a portion
of Lot 27 and all of Lots 28 and 29 of SAM BROWN JR'S SUBDIVISION as recorded in
Plat Book 1, Page 81, Public Records of Palm Beach County, Florida.
Containing approximately 5,054 acres ofland.
e and the same is hereby rezoned from Multifamily Residential (R-3) to Planned Unit
-~
evelopment. A location map is attached hereto as Exhibit "A" and made a part of this
rdinance by reference.
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
ccordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
pealed.
Section 4: Should any section or provision of this Ordinance or any portion
ereof be declared by a court of competent jurisdiction to be invalid, such decision shall
ot affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon passage.
FIRST READING this..ll day ofJuly, 200!.
SECOND, FINAL READING and PASSAGE this ~ day of August, 2001.
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:FJ7/X: (561) 375-6090
June 12, 1997
W, Keith Grant
John A. Grant, Jr., Inc.
3333 North Federal Highway, Suite 3
Boca Raton, Florida 33431
Re: East Ridge - File No. REZN 96-002
Dear W. Keith Grant:
As the applicant for the above-referenced project, enclosed is your rectified copy of the master
plan approved by the City Commission on November 19, 1996. This is being sent to you for
your files as it has been rectified and staff comments have been addressed and accurately
represents the approved master plan for East Ridge.
Sincerely,
-d:~I~(9#-~
Tambri J. Heyden, AICP
Planning and Zoning Director
Attachment
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MEMORANDUM
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ENGINEERING
FROM:
Ken Hall, Engineering
Michael 1. Pawelczyk, Assistant City Attomey'7r:Pt
TO:
00
.M 10"
RE:
East Ridge Development
DATE:
January 7, 1997
Attached hereto is a copy of the Declaration of Unity of Title for East Ridge Development, Gary
De'Graf of De'Graf, lnc, dropped this off with me today, As he was not sure if you had a copy, I
indicated that I would send one to you, Should you have any questions, please do not hesitate to
contact me,
MJP/aa
wp~'-udgel
PREPARED BY/RETURN TO:
Robert A. Eisen, Esquire
433 Plaza Real, Suite 275
Mizner Park
Boca Raton, FL 33432
DECLARATION OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of
Boynton Beach, Florida pertaining to the issuance of building permits and regulating building construction
aClivities, the undersigned, being the fee owners of the following described real property situated in the
City of Boynton Beach, County of Palm Beach and State of Florida, to wit:
See Exhibit" A" attached
do hereby make the following declarations of condition, limitation and restriction on said lands,
hereinafter to be known and referred to as a DECLARA TlON OF UNITY OF TITLE, as to the following
particulars:
I, That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions
thereof, shall hereinafter be regarded as is hereby declared to be unified under one title as an indivisible
building site.
2. That the said property shall henceforth be considered as one plot or parcel of land, and
that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its
entirety as one plot or parcel of land.
The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant
to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs,
successors and assigns, and all parties claiming under them until such time as the same may be released
in writing under the order of the City Manager of the City of Boynton Beach, Florida. The undersigned
also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court
of Palm Beach County, Florida.
Signed, sealed, witnessed and acknowledged this 2- day of Jl'/Ift).I()J.fl." 1996.
).
Witnesses: INC" a
\e-'V~ J.-.zv:cL
- Slgnalure .'
-:::\~R '!.Y L-GwI c.V,(
Print Name \)
Signat~\\').\~J ~" ~(':k"~""j'h
~.\U\Li: ~~-t~'\I....\'-tl~-{".._
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
'111
, The foregoing instrument was executed and acknowledged before me this 7 day of
At) 1'>~IAIIl.. ,1996 by GARY DE GRAF, as President of DE GRAF, INC., a Florida corporation,
~ who is personally known to me or
_ who has produced
J as identification and who did take an oath,
(f1;;..~otary Public
Print Name:
My Commission m: DCTAVIAS.SHERROD
'j 'j MY COMMISSION' CC380f87 EXl'lRES
, ~. . t'li Juno 7, 1998
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UQ, 1996 WI
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PLA~.~.l.NG AND
ZONING DEPT.
APPLICANT: DeGraf, 'nc..
APPLICANT'S AGENT: John A. Grant. Jr.. Inc.,
DATE OF HEARING BEFORE CITY COMMISSION: November 19,1996
TYPE OF RELIEF SOUGHT: Proposino to chance the zonina of 5,05 acres of property
located on the east side of N,E. 4th Street. approximatelv 300 feet south of N,E. 22nd
Avenue. from R-3 to PUD with a Land Use Intensitv of 7, The oroposed East Ridee PUD
would provide for the construciton of 33 sino/e familv detached homes with a aross density
of 6,5 units per acre, The future land use classification will remain as Hioh Densitv
Residential. and continue to limit the area to a maximum oross density of 10,8 units per
acre,
LOCATION OF PROPERTY: East side of N,E. 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above, The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2,
The AppliCJInt
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3, The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "D" with the notation "Included",
4. The Applicant's application for relief is hereby
~RANTED subject to the conditions referenced in paragraph 3
hereof,
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the
terms and conditions of this order,
7,
Other:
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City lerk
DATED: November 19,1996
EXHIBIT "D"
Conditions of Aporoval
Project name: East Ridge
File number: REZN 96-002
Reference: The olans consist of 6 sheets identified as 3rd Review Rezonino, File #REZN 96-002 with a Plannino
and Zonino Deoartment October 1, 1996 date stamo markino,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
, MI"IMt:
UTILITIES
Comments:
1, No trees, except Palm trees, will be allowed within utilities easements (Sec, 7,5- ./
18,1),
2, Dept. of HRS permits will be required for the water and sewer systems serving /
this project.
3, A utilities easement must also be shown over those water and sewer lines within
the roadway access easement. This may be done by also defining the access /'
easement as a utilities easement for water and sanitary sewer maintenance by
the City of Boynton Beach,
4, Based upon 33 single family homes with 3/4" x 5/8" meters, the capacity
reservation fee for this project will be $4,573,80. This fee is payable within 30 V"
days of the site plan approval, or when the HRS permit applications are
submitted for approval by this office, whichever comes first (Sec, 26-34(E)),
FIRE
POLICE
DEVELOPMENT DEPARTMENT
Comments:
6, Specify that subgrade on road sections is stabilized, Chap,6, Art,lV, Sec,10F, V
pc,6-12,
7, Show positive drainage from north side of cul-de-sac to East Ridge Circle South, v"
Chap,6, Art,IV, Sec.5A, po.6-7,
8, Provide detail of outfall into east retention area, Chap,6, ArtV, Sec,4B1a, pg,6- ~
19,
9, Provide sod in retention areas adjacent to lots 20 and 33, Chap,7,5, Art, II , ./'
Sec,5C6, pg,7,5-15,
10. Revise typical road section to drain toward, not away from, valley curb, or ./'
iustifv vour reasonino, Chao, 6 Art,lV Sec,5A 00,6-7,
11, Show proof that the 10 It, utility easement shown on the survey has been legally V'
removed (Official Record Book 859 Pace 7521,
DEPARTMENTS INCLUDE REJECT
12, Tie all four properties together under one title (legally recorded), V
13, Extend the sidewalk across lots 15 and 16 and around the circle, V"'"
14, Sions shall comply with the City's Sign Code, V
15, Meet table 600 of the 1994 Standard Building Code, .,/
.<> .-..-.. ~
-
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
17, Due to the reduction of dwelling units from 34 single family units to 33 single
family dwelling units, the new recreation dedication requirement is computed as ~
follows:
33 s,f, D,U, x ,018 acres/d,u, = ,594 acres,
18, There are no plans for private recreation, The full dedication is required as cash ~
in lieu of land,
FORESTER/ENVIRONMENTALIST
Comments:
19, The tree management plan document must be included in the homeowner /
"rln~" ' in. ' , nftho t,ooo
PLANNING AND ZONING
Comments:
20, Complete the LUI computation by identifying the allowed FAR, OSR, LSR and /
RSR in square feet. Also identify the proposed LUI elements in square feet
rather than acres,
21, It is recommended, that in order to minimize the negative impacts of the
adjacent railroad, the height of the proposed 2'-6" landscape buffer along the ..--
eastern property line be increased to 6 feet.
22, Add to Declaration of Covenants and Restrictions for East Ridge, Section 3,01,1
- Common Areas and Other Property, the following statement prior to the
concluding sentence:
"Under no circumstances shall the City of Boynton Beach be V
responsible for the maintenance and repair of the common areas."
23, The developer shall post a notice of "annual boundary school assignments" for
students from this development on District provided 11" x 17" sign to be posted
in a clear and visible location in all sales offices and models with the following
language:
"NOTICE TO HOME BUYERSfTENANTS"
"School age children in this development may not be assigned to
the most proximate public elementary, middle or high school /
because of School District policies regarding overcrowding, racial
balancing or other boundary polley decisions. Please contact the
Palm Beach County School District Boundary Office at (561) 434-
8100 to verify the most current school assignment(s) for the house
addresses In this development,"
24, The city commits to addressing current deficiency in neighborhood park LOS /
standards by amending the needs and supply methodology to better reflect
actual park amenities serving individual neighborhoods, and in particular, Park
Planning Area #11,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
25, Reword #21 as follows: It is recommended, that in order to minimize the
negative impacts of the adjacent railroad, the height of the proposed 2'-6"
landscape buffer along the eastern property line be maintained at 6 feet and ~
planted at a height of 36",
ADDITIONAL CITY COMMISSION CONDITIONS
26, To be determined,
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NEIGHBORHOOD PARK PLANNING AREAS
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ADDITIONAL CONDITIONS/COMMENTS FROM COMMISSION MEETING
1, Construct a 6' high perimeter wall along the North boundary line of the project, The wall
is to be of CBS or pre-cast construction.
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
NOVEMBER 12.1996
. Flowers Bakery Warehouse/Distribution Center Abandonment - The City
Commission approved this subject to staff comments.
. Riverwalk Shopping Plaza Abandonment - The City Commission approved this
subject to staff comments,
. Jonathan's Grove Abandonment - The applicant tried to address the drainage issue
by certifying that the drainage could still be handled within a reduced easement
width, However, he withdrew the application,
6. OLD BUSINESS
A. Public Hearing
Rezoning (Postponed from October 8, 1996)
East Ridge PUD
W, Keith Grant
John A. Grant, Jr., Inc.
Gary De Graf \
De Graf, Inc.
East side of the intersection of N.E. 4th Street and N,E,
20th Avenue
Request for master plan approval for 33 single-family
units in connection with a rezoning of 5.01 acres from
R-3 to PUD (Planned Unit Development) with a Land Use
Intensity of 7.00.
W. Keith Grant with John A. Grant, Jr. Engineers and Land Surveyors, and Gary De Graf,
the owner and developer of the property, were present.
1.
Project:
Agent:
Owner:
Location:
Description:
Mr. Aguila referred to Comment 21 and said the 2'6" is width of the buffer, not height of the
buffer. He asked if Mr, Lewicki is suggesting that there be a buffer between the railroad
and the development. Mr. Lewicki answered affirmatively and said he is suggesting there
be a 6' high buffer, Mr. Aguila pointed out that this is not what Comment 21 states.
Comment 21 assumes that the 2'6" is a height. Mr. Lewicki suggested eliminating the word
"increased" so that the comment reads, "It is recommended that. . . the height of the
3
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
proposed 2'6" landscape buffer along the eastern property line be 6 feet." Mr. Aguila
pointed out that you cannot buy landscape material at a nursery that is already 6 feet high.
Mr. Grant had no objections to any of the staff comments. With regard to Comment 21,
the applicant's intent is to plant a hedge that will mature to 6 feet in height and be
maintained at that height.
Chairman Dube referred to Comment 16 and asked where the applicant is going to put the
guest parking. He did not see any place to put it. Mr. Grant stated that he did not notice
this comment. He said two parking spaces, one in the garage and one in the driveway, will
be provided for each house.
Chairman Dube asked if the roads are private and if the homeowners' association is
responsible for maintaining them. Mr. Grant answered affirmatively.
Motion
Mr. Wische moved to approve the request for master plan approval for 33 single-family
units in connection with a rezoning of 5.01 acres from R-3 to PUD (Planned Unit
Development) with a Land Use Intensity of 7.00 for East Ridge. Mr. Aguila seconded the
motion and clarified that with regard to Comment 21, it is understood that the information
shown on the plan for landscaping is that they are going to provide a 21/2 foot landscape
buffer with hedges of 36" inches at planting time, and the hedge will be maintained at 6
feet when it reaches that height. Mr, Wische agreed to include this in the motion.
Chairman Dube asked how the applicant is going to put in guest parking when there is no
place to put it. Mr. Aguila pointed out that Comment 21 does not even indicate how many
guest parking spaces staff wants.
The motion carried 7-0. (Mr. Elsner previously left the meeting,) The Board left Comment
21 for staff to work out.
No one in the audience wished to speak on this item.
7. NEW BUSINESS
A. Public Hearing
Conditional Use Approval
4
PREPARED BY/RETURN TO:
Robert A. Eisen, Esquire
433 Plaza Real, suite 275
Mizner Park
Boca Raton, FL 33432
DECLARATION OF UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of
Boynton Beach, Florida pertaining to the issuance of building permits and regulating building construction
activities, the undersigned, being the fee owners of the following described real property situated in the
City of Boynton Beach, County of Palm Beach and State of Florida, to wit:
See Exhibit" A" attached
do hereby make the following declarations of condition, limitation and restriction on said lands,
hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following
particulars:
1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions
thereof, shall hereinafter be regarded as is hereby declared to be unified under one title as an indivisible
building site,
2. That the said property shall henceforth be considered as one plot or parcel of land, and
that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its
entirety as one plot or parcel of land.
The undersigned further agrees that this Declaration of Unity of Title shall constitute a covenant
to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs,
successors and assigns, and all parties claiming under them until such time as the same may be released
in writing under the order of the City Manager of the City of Boynton Beach, Florida. The undersigned
also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court
of Palm Beach County, Florida.
Signed, sealed, witnessed and acknowledged this 2- day of ..JIotlfiJl(H;tz. ' 1996.
~ l 'I
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Print Name
Witnesses:
STATE OF FLORIDA
COUNTY OF PALM BEACH
, The foregoing instrument was executed and acknowledged before me this 7'1!! day of
A'{ Vf'l#h"fl. ,1996 by GARY DE GRAF, as President of DE GRAF, INC" a Florida corporation,
.:f.. who is personally known to me or
_ who has produced
_ as identification and who did take an oath.
(~~otary Public
rint Name:
My Commission rI1' ''', : OCTAVIAS. SHERROD
1'( !.~ MY COMMISSIOtU CC380187 EXPIRES
~:" ....J..: JUI1t 7. 1998
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(846\rae\tk\3267)
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
In response to Mayor Taylor's question, Ms. Day confirmed that there are six locations in Boynton
Beach that are eligible for the National Register. State grants are available to begin that process.
Mayor Taylor was very interested in the work that was done and feels this is a great step for Boynton
Beach to pursue, Boynton Beach is rich in history and we have many things to be proud,
Ms, Day is hopeful that this history can be used in the schools and libraries, People will be able to
see the places where history was made.
Mayor Taylor felt that by preserving history, we can bring back a sense of value to our children. He
thanked Ms. Day and Ms. Krassy for their work and said he is supportive of continuing this process,
Commissioner Bradley looks forward to the Commission directing staff to draw up an ordinance that
will designate a district if enough homes can be found in one area, as well as the six sites that may
be of National Registry capacity. It is very positive to realize that as time passes, more sites will be
eligible for this type of project.
:-
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ITEM.
Consensus
There was a consensus of the Commission to pursue drafting a historic preservation ordinance tor
the City of Boynton Beach.
B.
Project:
Agent:
Owner:
Location:
Description:
East Ridge PUD
W. Keith Grant, John A, Grant, Jr., Inc,
Gary DeGraf, DeGraf,lnc,
East side of the intersection of NE 4th Street and NE 20th Avenue
REZONING - Request for master plan approval of 34 single-family
units in connection with a rezoning of 5.01 acres from R.3 to PUD
(Planned Unit Development) with a land use intensity of 7,00.
Mayor Taylor announced that the applicant has requested a 30-day postponement.
Motion
Commissioner Titcomb moved to postpone Agenda Item VI.B to the November 19 City Commission
meeting. Commissioner Bradley seconded the motion which carried unanimously.
C,
Project:
Agent:
Owner:
Location:
Description:
Boynton Commons PCD
Land Design South
Bill Ray Winchester and Elsie A, Winchester
Southwest corner of Old Boynton Road and Congress Avenue
PARKING LOT VARIANCE. Request for a variance from the Land
Development Regulations. Chapter 23 . Parking Lots, Article II,
Section H,5 . Clearance at major driveways, to reduce the required
distance of the interior access aisle to the driveway on Old Boynton
8
"'I:-'UTES,
PLANNING AND DEVELOP:\'IE:"iT BOARD
BOY:\'TO:\' BEACH. FLORIDA
OCTOBER 8.1996
Motion
Mr. Aguila moved to approve the minutes of the September 10, 1996 meeting. Mr, Wische
seconded the motion, which carried 6-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda Items
Ms, Heyden reported the following:
. Blockbuster Video Community Design Plan Appeal - Approved by the City
Commission, subject to all staff comments.
. St, Joseph's Episcopal Church Conditional Use Approval - Approved by the City
Commission, subject to all staff comments.
. East Ridge PUD Rezoning - Postponed, The applicant is resubmitting plans, This
item will be heard at the next meeting.
. Woolbright Place Master Plan Modification - Ended with the Planning and
Development Board making the final determination.
. Riverwalk Shopping Center Community Design Plan Appeal - Approved by the City
Commission, subject to all staff comments.
. Boynton Beach Community Development Corporation Parking Lot Variance. This
board recommended that all staff comments be deleted except comment 9, which
required the applicant to reduce the width of the driveway from 27 feet to 20 feet.
The City Commission concurred with that comment and also required the applicants
to move the driveway as far south as possible, The applicants have done that, and
they have been able to make the driveway work without the variance. They have
been able to set it back 30 feet, as required by the Code.
. Boynton Beach Community Development Corporation Major Site Plan Modification -
Approved by the City Commission, subject to all staff comments and
2
"lI:\'lTES
PL\:'i:\I:\'G AND DEVELOP:\IE:\'T BOARD
BOY:\TO:\, BEACH. FLORIDA
OCTOBER 8.1996
recommendations of the Planning and Development Board regarding foundation
landscaping along Seacrest Boulevard.
. Flowers Bakery Site Plan - Approved by the City Commission, subject to all staff
comments and the Planning and Development Board's recommendations regarding
landscaping, There was a clarification at the City Commission meeting regarding
landscaping on the east and west sides of the building. The landscaping will be
installed at the corners only, and not along the entire east and west sides,
. Palm Walk Time Extension - Approved by the City Commission, subject to all staff
comments,
B. Filing of quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
This information was provided for the board's perusal. Mr. Wische commented that it was
very well done.
6. OLD BUSINESS
A. Public Hearing
Rezoning (Postponed from September 10,1996)
Description:
East Ridge PUD
W. Keith Grant
John A. Grant, Jr., Inc.
Gary De Graf
De Graf, Inc.
East side of the intersection of N,E, 4th Street and N.E,
20th Avenue
Request for master plan approval for 34 single-family
units in connection with a rezoning of 5.01 acres from R-
3 to PUD (Planned Unit Development) with a Land Use
Intensity of 7.00.
1,
Project:
Agent:
Owner:
Location:
3
:\II:\l'TES
PL..\:\:\I:--lG A:\D DEYELOP:\IE:--lT BOARD
BOY:\'TO'" BEACH, FLORIDA
OCTOBER 8. 1996
Motion
Mr, Aguila moved to postpone this item until the November 12, 1996 meeting, Mr, Wische
seconded the motion, which carried 6-0.
7. NEW BUSINESS
A, Appeals
Landscape Appeal
Description:
Boynton Festive Center
Jill Jarkesy
Agree LId, Partnership
The northwest corner of Old Boynton Road and
Congress Avenue
Request for a landscape appeal to omit a 2.5 foot wide
landscape strip between a vehicle use area and a
proposed abutting property line in connection with
subdividing the shopping center.
1,
Project:
Agent:
Owner:
Location:
Ms, Jarkesy represented the owner of the Boynton Festive Center. She stated that this
landscape appeal has arisen as a result of a subdivision that has been submitted and is
currently undergoing staff review, She is proposing to subdivide the shopping center, The
restaurant parcels are going to be subdivided from the retail parcels. However, the
shopping center will remain under uniform control. It will be managed and operated as one
shopping center. Technically, the line of subdivision goes down the access drive off of Old
Boynton Road, We cannot physically meet the Code requirement to install a hedge down
the middle of a driveway. She agreed with the conditions of approval and advised that an
18 inch hedge will be installed on either side of the access way. She said the purpose of
this Code requirement is to form a barrier between a vehicular area and an abutting
property but, basically, what we have here are two parking areas. Therefore, the need for
the landscape barrier is really not present.
Chairman Dube commented that the only reason for subdividing the shopping center would
be to sell it in the future. He pointed out that it is under control of one person now:
however, it could be sold in the future. Ms. Jarkesy advised that technically, the leases are
for 99 years. Therefore, the only thing that is going to change is the underlying title.
Mr, MacMillan will remain the owner of the two restaurant parcels, which are now currently
4
--~~--------~
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
D,
Project:
Agent:
Owner:
Location:
Description:
SEPTEMBER 17, 1996
East Ridge PUD
John A. Grant, Jr., Inc.
Gary De Graf, De Graf, Inc,
Northeast of intersection of N.E. 4th Street and N.E. 20th
Avenue
Rezoning - Request for master plan approval for 34 single-
family units in connection with a rezoning of 5.01 acres from
R-3 to PUD (Planned Unit Development) with an LUI of 7.00.
Ms. Heyden advised that this request went to the TRC this morning, The applicant has to
go through another resubmittal, and staff has given him until Friday at 5:00 p.m, to turn in
that resubmittal in order to make the October 15th City Commission meeting.
No one in the audience wished to address this item.
Motion
Vice Mayor Jaskiewicz moved to postpone this item until the October 15th meeting,
Commissioner Tillman seconded the motion, which carried 5-0.
E.
Project:
Agent:
Owner:
Location:
Description:
Motion
Boynton Beach Community Development
Corporation Office
L. Diana Hileman, Esquire
Law Office of Allen Wm. Martincavage, Sr.
Boynton Beach Community Development Corporation
2191 N, Seacrest Boulevard ,(southwest corner of
Gateway Boulevard and Seacrest Boulevard)
Parking Lot Variance - Request for a variance from the
Land Development Regulations, Chapter 23 - Parking Lots,
Article II, Paragraph H - Driveways, Subsection 3 to allow a
reduction in distance between the driveway and the
intersection of the right-of-way lines from the required thirty
(30) feet to approximately five (5) feet.
Commissioner Titcomb moved to move agenda Item VIII.C to be heard after Item VI.E.
Vice Mayor Jaskiewicz seconded the motion, which carried 5-0.
15
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 10, 1996
Mr. Milord advised that the addition is another classroom and some washroom areas. He
agreed with all staff's conditions of approval.
Motion
Vice Chairman Golden moved to approve the request for conditional use approval for
construction of a 1,878 square foot addition to Building NO.5 to include a new classroom,
a covered walkway and a washroom facility in the St. Joseph's Episcopal Church and
School complex, subject to staff comments. Mr. Elsner seconded the motion.
No one in the audience wished to address this item,
The motion carried 6-0.
Rezoning
2.
Project:
Agent:
Owner:
Location:
Description:
Motion
East Ridge PUD
John A. Grant, Jr" Inc.
Gary De Graf, De Graf, Inc.
Northeast of intersection of N.E. 4th Street and N.E, 20th
Avenue
Request for master plan approval for 34 single-family
units in connection with a rezoning of 5.01 acres from R-
3 to PUD (Planned Unit Development) with an LUI of
7.00.
Vice Chairman Golden moved to continue the public hearing for the rezoning for the East
Ridge PUD to the October 8, 1996 Planning and Development Board meeting, Mr. Aguila
seconded the motion, which carried 6-0.
B. Subdivision
Master Plan Modification
1.
Project:
Location:
Woolbright Place PUD (Pod 1) (2nd Submittal)
Approximately 2,000 feet north of the intersection of
6
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-394
TO:
Sue Kruse
City Clerk -pJ
Tambri J. Heyden, AICP /
Planning and Zonlng Direct r
FROM:
DATE:
July 31. 1996
SUBJECT:
East Ridge PUD Rezoning
File No. REZN 96-002
Accompanying this memorandum you will find an application and
supporting documentation for the above-referenced case. A check in
the amount of $1.500.00 to cover the review and processing of this
application has been forwarded to the Finance Department.
A legal advertisement for same has been created in preparation for
the September 10, 1996 Planning & Development Board public hearing
and the September 17, 1996 City Commission public hearing, A final
version of the ad will be forwarded to your office following review
by the City Attorney and City Manager. Please notify accordingly
those owners of property located within 400 feet of the subject
property, Please convey any questions you may have to Mike Rumpf
of this office,
TJH:bme
Attachments
a:Legaleas.rid
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of
the City Attorney eight (8) working days prior to the first publishing date
requested below,
ORIGINATING DEPARTMENT: Plannina and Zonina Deoartment
PREPARED BY: Michael Rumof
DATE PREPARED:
Julv 29. 1996
BRIEF
DESCRIPTION OF NOTICE OR AD. Ad tor oublic hearinas before the Planninq and
Develooment Board (9-10-96) and the City Commission (9-17-96) for REZN 96-002 -
Rezoninq from R-3 to East Ridqe POD.
SPECIAL INSTRUCTIONS AND REQUIREMENTS:
Placement, Black Border.
(Size of Headline, Type Size, Section
STANDARD LEGAL AD in Palm Beach Post only
SEND COPIES
OF AD TO: Aoolicant and Director of Planninq and Zenina. Newsoacer.
NEWSPAPER(S) TO PUBLISH: To be determined bv City Clerk
DATE(S) TO BE PUBLISHED: To be determined bv City Clerk
(1)
z&.~
~~
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A,Leglboy com
NOTICE OF ZONING CHANGE
CITY OF BOYNTON BEACH PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100
East Boynton Beach Boulevard, on Tuesday, September 10, 1996 at 7:00 P.M" to consider a rezoning request
submiued by John A. Grant, Jr., Inc., agent for Degraf Inc., owner and petitioner for propeny located northeast
of the intersection of N.E. 4th Street and N.E. 20th Avenue.
NATURE OF REOUEST:
Rezoning of 5.054 acres of property from R-3, Multiple-family Dwelling District, to Planned Unit Development
with a Land Use Intensity of 7 (PUD wi LUI-?) In connecllon with ma'ler plan approval for 34 slnale family
detached homes to b. known as the Bast Ridge PUD.
LEGAL DESCRIPTION:
A parcel ofland in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly
described as follows:
Beginning at the Northeast comer of Lot 27 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof
recorded in Plat Book I, page 81, Public Records of Palm Beach County, Thence Weslerly along lhe North line
of said Lot 27, a distance of34,90 feet; thence Southerly, at right angles to the North line of said Lot 27, a distance
of 75 feet; thence Easterly, parallel to the North line of said Lot 27, a distance of 25 feet to a point in the Bast line
of said Lot 27; thence Northerly, along the East line of said Lot 27, a distance of 75,65 feet to the point of
beginning,
AND
Beginning at the Southeast comer of Lot 27 of SAM BROWN JR'S SUBDIVISION, run West along the South line
of said Lot 27, a distance of 229.35 feet to a point; thence Northerly, a distance of 201.4 feet more or less to a
point in lhe Norlh line of said Lot 27 which lies 261.16 feet West of, measured along said North line, the Northeast
corner of Lot 27; thence East along the North line of Lot 27, a distance of 226.26 feet to a point 34.90 feet West
of Northeast comer of Lot 27; thence South at right angles to lhe North line of Lot 27, a distance of 75 feet to a
poim; thence East parallel to the North line of Lot 27; a distance of 25 feet to a point in the East line of Lot 27,
thence Southerly along the East line of Lot 27 to a point of beginning.
AND
Lot 28 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof recorded in Plat Book I, page 81,
Public Records of Palm Beach County.
AND
Lot 29 of SAM BROWN JR'S SUBDIVISION, according to the Plat thereof recorded in Plat Book I, page 81,
Public Records of Palm Beach County.
A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on this request at City
Hall Commission Chambers, 100 E. Boymon Beach Boulevard, Boynton Beach, Florida, on Tuesday, September
17, 1996 at 7:00 P.M. or as soon thereafter as the agenda permits.
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY
ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE
PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS BASED. PLEASE CALL (561) 375-6260 FOR ANY QUESTIONS REGARDING THE
ABOVE MATTERS.
CITY OF BOYNTON BEACH
SUZANNE M, KRUSE, CMCIAAE
CITY CLERK
(407) 375-6062
TJH:bme
I:LEG^LE^S.RID