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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 July 18, 2000 0 August 1, 2000 0 August 15, 2000 [gI September 6, 2000 July 6, 2000 (5:00 p.m.) o September 19.2000 o October 4, 2000 o October 17,2000 o November 8, 2000 September 7, 2000 (5:00 p.m.) July 19,2000 (5:00 p.m.) September 20,2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) August 16,2000 (5:00 p.m.) October 18,2000 (5:00 p.m.) NATURE OF AGENDA ITEM 0 Administrative 0 Consent Agenda 0 Public Hearing 0 Bids 0 Announcement o Development Plans o New Business [gI Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commission agenda under Legal, Ordinance, First Reading. The Planning and Development Board with a unanimous vote recommended approval subject to minor changes that increase clarification regarding the serving hours for breakfast, existing cooking facilities and living unit terminology. EXPLANATION: PROJECT NAME: AGENT: OWNER: DESCRIPTION: BED AND BREAKFAST Peter H. Schmidt, Esq. Barbara R. Bradshaw Request to amend to Chapter 2, Section 16.B.g. Bed and Breakfast to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversion to such establishment. PROGRAM IMPACT: NM FISCAL IMPACT: N/ A ALTERNATIVES: N/A Director of Development City Manager's Signature - 7/- /t', {~ 7~~. Director of Planning' 'Zoning City Attorney / Finance / Human Resources J:\SHRDATAIPLANNlKGISHAREDlWPIPROJECTS'.CODE REVIEW\CC 9-5-00 ITEM REQUEST.DOT CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 March 21,2000 0 April 4, 2000 0 April 18,2000 0 May 2, 2000 March 8,2000 (5:00 p.m.) o May 16. 2000 o June 6. 2000 o June 20, 2000 IZI July 5,2000 May 3, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) May 17,2000 (5:00 p.m.) April 5,2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM o Administrative o Consent Agenda [gI Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the July 5, 2000 City Commission agenda under Public Hearing. The Planning and Development Board, with a unanimous vote, recommended approval subject to staff comments, It should be noted that a condition of approval requires either the elimination of cooking and food storage elements in most units, or the amendment of the code to allow kitchenettes in this project. Staff anticipates that the code amendment option will be selected by applicant. For further details pertaining to this request see attached Department of Development Memorandum No. 00-173. EXPLANA TION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BRADSHAW BED AND BREAKF AST/P ARK SHORE MANOR Peter H. Schmidt, Esquire Barbara Bradshaw 658 Manor Drive Request for conditional use/site plan approval for a nine (9) unit bed and breakfast establishment on 0.71 acre. PROGRAM IMP ACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A Department of Development Director City Manager's Signature -i. ~~--! ~ /Planning and Zoni irector City Attorney / Finance / Human Resources \\CH\MAu-.'\SHRDATA\PLA~'NING\SHARED\\VP\PROJECTS\BRADSHAW BED AND BREAKFAST'.CC 7,5-00 AGENDA REQL'ESTDOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-173 TO: Chairman and Members Planning and Development Board FROM: Michael Rumpf Director of Planning and Zoning DATE: June 16, 2000 SUBJECT: Bradshaw Bed and Breakfast (Park Shores Manor) - COUS 00-001 Conditional Use and Site Plan Approval - Bed and Breakfast PROPOSAL SUNIMARY Contained herein is a description of the subject project. The proposed project is situated on 0.71 acres of previously developed property, zoned R-3, Residential Multi-FamilyDwelling District. It is located at 658 Manor Drive, which is east of Federal Highway (U.S. 1) and north of N.E. 10th Avenue. On site there are four (4) existing buildings: a one- story building with a covered patio, containing four apartments, a one-story studio cottage, a one-scory building with a two-story east-north wing, containing five apartments and a covered porch, and a one-story building used as a shed. Nine units are currently rentals, leased on a monthly basis; the tenth unit is and will remain occupied by the applicant/owner. There is a recreation area with a swimming pool: the property is landscaped and certified by the University of Florida Cooperative Extension Service Florida Yards and Neighborhoods (FYN) program, which promotes creation of native habitat for wildlife in urban areas. Pursuant co ordinance No. 098-42 and Chapter 2, Section 16, which provides for establishment of bed a breakfast as a conditional use, the applicant proposes a conversion of the nine existing rental units into a bed and breakfast establishment. Applicant/Agent: Barbara R. Bradshaw / Peter H. Schmidt, Esq. Project name: Bradshaw Bed and Breakfast (Park Shores Manor) General description: Conditional use and site plan approval for a bed and breakfast establishment Property size: 30,856 square feet (0.71acres) Land use: High Density Residential (HDR) Current Zoning: Residential Multi-Family Dwelling District (R-3) Proposed Zoning: N/A Location: 658 Manor Drive (see Exhibit "A"-Location Map). Building area: 6,783 square feet (See Exhibit "B" - Proposed Site Plan). Bradshaw/Park Shores Manor - COUS 00-001 Page 2 Memorandum No. PZ 00-173 Surrounding land uses/zoning: North - Residential, Lake Worth Mariner Village Condominiums, zoned R-3; South - Manor Drive private right-of-way and farther south, residential, single family and a duplex, zoned R-3; East - Marine Road right-of-way, farther east Lake Worth Mariner Village Condominiums, zoned R-3; and West - Residential, single family, zoned R-3. ST ANDARDS FOR EV ALUA TING CO~1)ITIONAL USES AJ.~1) ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The only ingress/egress to the subject property is a private right-of-way Manor Drive, which provides access to Marine Road. Manor Drive is a dead-end road. The proposed conversion to a bed and breakfast establishment does not entail changes in the number of ingress/egress points or significant changes in volumes of pedestrian and automobile traffic in the neighborhood. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The number of existing parking spaces exceeds the number of spaces required by the Code for bed and breakfast establishments. Nineteen (19) parking spaces are provided, including one handicapped- accessible space. The Code requires one space per each employee/manager/owner in addition to one space per each guestroomlunit: the total requirement for the project is eleven (11) parking spaces. All parking spaces will meet or exceed the minimum Code-required dimensions for 90 degree angle parking. The proposed project will not increase the intensity of parking or promote additional glare, noise or odors. Bradshaw/Park Shores Manor - COUS 00-001 Page 3 Memorandum No. PZ 00-173 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The volume of roll-out refuse containers }vill be provided by the city, and trash will be removed on a standard schedule. Solid waste is not anticipated to increase as a result of proposed use. 4. Utilities, with reference to locations, availability, and compatibility. The Utility Department comments have been incorporated; utilities are available and provided, consistent with Comprehensive Plan policies and city regulations. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Screening, buffering and landscaping is consistent with the Code requirements. The property is landscaped with a number of native trees and shrubs; it has been designated a certified Florida Yard by the University of Florida Cooperative Extension Service. The statewide Florida Yards and Neighborhoods program (FYN) is based on landscape maintenance practices which could help reduce stormwater runoff and non-point source pollution dumping into our water bodies. There are nine (9) principles to the FYlv' program including water efficiency, use of native plants and attracting wildlife. The proposed conversion to a bed and breakfast establishment will not entail any changes in landscaping. 5. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No additional exterior lighting will be placed on site. No changes are proposed to the existing freestanding sign. 6. Required setbacks and other open spaces. Side and rear yard setback variances for the property were granted in 1998. Open spaces are consistent with the Code requirements. 7. General compatibility with adjacent property and other property in the zoning district. The proposed conversion from rental apartments to a bed and brealifast establishment will not affect the compatibility, either visually or through the use change, with the adjacent neighborhood. The scale and architecture of the existing buildings match the surrounding structures; there will be no changes to the structures or the landscaping. Given the existing pennitted use, and in particular current schedule of (monthly) leases, a conversion to a bed and breakjast will not bring significant change in tenns of the establishment's character as a transient lodging with a 14 day max:imum stay. Meal preparation and service is restricted to providing brealifast only to paying guests. 8. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. There will be no changes to the existing structures which are compatible with buildings on adjacent properties. All structures are one-story buildings with the exceptioll of a nvo-story wing of one of the buildings. Bradshaw/Park Shores Manor - CO US 00-001 Page 4 Memorandum No. PZ 00-173 9. Economic effects on adjacent and nearby properties, and the city as a whole. As stated in item 7 above, given the existing pennitted use of the property as rental apartments, and in particular. the current schedule of (monthly) leases, a conversion to a bed and breat..1ast will not bring significant new impact, economic or othenvise, upon the neighborhood. On the other hand, the conversion has the potential to have some positive economic impact on the city, which is trying to attract visitors but has no significant and diversified stock of tourist accommodations. Bed and breakfast establishments have a strong appeal to a sizeable group of tourists, especially since the property can be marketed to visitors as a bed and breakfast with a very local character and a certified "Florida Yard" featuring a small but attractive native habitat. 10. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project }vill comply with all requirements of applicable sections of city code. 11. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance With incorporation of all conditions contained herein, the use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Staff recognizes the need for extending and diversifying the supply of tourist accommodations in the city. The property lends itself well to the proposed use, both in terms of its location and its visual character. However, it should be noted that compliance with current regulations does not allow for cooking facilities or food storage in any guest units, a provision that reflects the generally accepted character of bed and breakfast accommodations. Exempt from this provision in the code are one-room cottages with existing kitchenettes. The subject property includes one such one-room cottage; however, the remaining buildings do not come under the definition of a "one-room cottage" and thus the presence of kitchen facilities in units contained in said buildings is not consistent with the current regulations, The applicant must bring the property to compliance with the code or request and obtain modification to the regulations. Staff recommends that this request be recommended for approval contingent upon satisfying this and all other conditions of approval as contained in Exhibit "C". MR/bw Attachments I'.CH\MAlS\SHRD.....T.....\Planning'.5HARED\WP\PROJECTS..Bradshaw Bed and Breakfast'.Sl3,1 Repor< B&B COl:S OO,OO!.doc LOCATION MAP BRADSHAW BED & BREAKFAST '., :jFjg; ~ ~1~8 ... ~'- : -! t r -: ,'; . ~... .-it---'~ >- .. ~ f-~-.- ~~ ~- ---- ~ , ~ . ; .J 1 ~'- ~ , J ~ r -1:t--: ~ :::-' '-. J r :1 --., ',-- r ~~---: f,~2:; Lr ?~ .:: ~J ~ C3'~J/F1~:",..~~:~~ ~ ". - I ~ ~.. 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Z-7' t! ~ : ;t: <if':, I I :;lfir,,~, ,.< , I . ~O'C I .~Q 3' J_", f) 3-4..41' '.I! ~~ .'- ]-lIfJ~f1I ~ 3'I>"I\_){ ~ l~~@: ! ~'1 n 9 ?i g n , Nil ~0 ~8 ~~ .'11 t~ g ~ l~ ~ ::: i ~g;9 ~~<~~ ;~~g~ ~ ~ ~~ ~ ~ 2~ /1 r :2:0 I~ ~ 'Jl 0 <.1' f;;9 ~ "D"'Qn ..:l1J ~ '1 11 .... r .... ~ ~~ ~ /'~ // -'./ ----------- ~"'-- 1_ LD ~ -! \)Jo.P , ~ r~ ~ Ii: II I I, I: , ; I: I! I I Ii I' :I .. >J Z '" JJ < F ~ ~ t ~ " '~' I ,~i i~! ~m >-:~ >< \~ L..,.. I '/li ...l - .:~, ~ CD ~~~ \, I r _ ;!~ \ J I -i ~ :~ ~ '--.L.t iJ co j' '1 '" ;:','J EXHIBIT "C" Conditions of Approval Project name: Bradshaw Bed and Breakfast File number: COUS 00-001 Reference: 2nd Review. Conditional Use. File # CODS 00-001 with a June 6. 2000 Planning and Zoning Degartment date stamp markin\!. DEPARTMENTS INCLUDE ~ PUBLIC WORKS Comments: NONE X I UTILITIES I I I Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 1. As discussed at the June 6, 2000 TRC meeting, identify within the site data X found on the drawing titled site plan the use of the facility. Indicate that the use is being changed from an apartment complex to a ten- (10) unit Bed and Breakfast that includes one unit for the proprietor. 2. As discussed at the June 6, 2000 TRC meeting, for clarification in defining X the location and type of structures, it is recommended that within the footprint of the buildings that are shown on the site plan a letter designation shall be placed that identifies each building. The same letter designation shall be placed in the site data and, to further define the structures, a unit number shall be added to the site data. The unit number shall directly correspond to a unit number that identifies the location of all units on the site plan and floor plan drawings. Define separately in the site data the storage shed building. 3. As discussed at the June 6, 2000 TRC meeting, add to the buildings that are X depicted on the drawing titled site plan a labeled symbol that identifies the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 2 of3 I DEPARTMENTS !INCLUDE ] REJECT I location of the handicap accessible entrance door to the accessible unit. Add the location of the accessible entrance door to the floor plan drawing. Also, show the accessible route from the accessible unit to the recreational amenities, each common area space and the accessible parking space. Label on the site plan and floor plan dra'Ying the location of the areas that are common space for all customers. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. Identify on the plan the width of the accessible route. (Note: The minimum width required by the codes forty-four (44) inches). Add text to the existing note on the site plan that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations stated in the Fair Housing Act. Please note that at time of permit review the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the applicable accessible regulations. 4. As discussed at the June 6, 2000 TRC meeting, on the drawing titled site X plan, identify the symbol that represents the property line. , 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. 7. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. I PARKS AND RECREA TrON I I I Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: 8. The current regulations prohibit cooking facilities or food storage in any X rental room or unit in the bed and breakfast establishment, with the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 3 of3 I DEPARTMENTS I INCLUDE I REJECT I exception of one-room cottages with existing kitchenettes where the removal of kitchenettes is not required. Bring the property to compliance with the Code or request and obtain modification of the applicable regulations. 9. Provide the missing site data information in the site plan tabular data, X including: parking calculations (number of spaces required and provided); setback table; area of site in acreage and square footage and total number of Bed and Breakfast units. (Ch. 4, Sec. 7. Par. E) and Ch.2 Sec. 16. Par. B.2.d. 10. Label lighting locations as "existing". X 11. On the site plan, provide a sign plan including elevations, with pole height. X A 10' setback is required from the right-of-way. (Ch. 9, Sec. 10, Par. I) 12. The typical parking bay dimension detail does not correspond with the site X plan parking dimensions. Please correct the dimension shown on the site plan. (ADA Table M-2) & (City drawing # B-90012) 13. Label landscape plan as "As Built" plan. X 14. Sign and seal all plans for the building permit submittal. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 16. To be determined. X MWRfbw J:ISHRDA T AIPLAN'NINGISHARED\WPIPROJECTSIBRADSHA W BED ANTI BREAKF ASTlBRADSHA W COl'oTIITIONS OF APPROV AL.DOC DEVELoprr--,'T ORDER OF THE CITY COMMIS --. OF THE l,l. OF BOYNTON BEACH, FLORIDJ.\ PROJECT NAME: Bradshaw Bed and Breakfast APPLICANT'S AGENT: Peter Schmidt, Esquire APPLICANT'S ADDRESS: 658 Manor Drive, Boynton Beach Florida DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 27, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 658 Manor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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 Applicant ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -2L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Bradshaw Bed and Breakfast\CC 6-20-00 Develop Order.doc DE' .OPMENT DEPARTMENT MEI\J10RANDUM NO. PZ 00-238 TO: Chairman and Members Planning and Development Board FROM: Michael W. Rumpf Director of Planning and Zoning DATE: August 10, 2000 SUBJECT: Code Review - CDRV 00-008 Bed and Breakfast Establishments (kitchenettes) NATURE OF REQUEST Peter H. Schmidt, Esq., representing Barbara R. Bradshaw, owner of Park Shores Manor, a property located at 658 Manor Drive within the R-3, Residential Multi-Family Dwelling District, is requesting a code revision to Land Development Regulations Chapter 2, Section 16, Bed and Breakfast. The main thrust of this request pertains to restrictions on use for bed and breakfast establishments that apply to cooking facilities and food storage. The city's Land Development Re~ulations Chapter 2, Section 16.B.(2).g(1) states that "there shall be no cooking facilities or food storage in any rental room/unit' in a bed and breakfast establishment. Currently exempt are one-room cottages with existing kitchenettes: "one-room cottages with existing kitchenettes would be considered within the scope of this section and will not be required to remove the kitchenettes" (Section 16.B.(2).g.(3)j). The proposed amendment would modify this provision by allowing kitchenettes to remain that are in existence within the R-3 zoning district at the time of conversion to the bed and breakfast establishment. The applicant is also proposing extensive amendments to Section 16 of the code (see Exhibit "B"). Numerous changes are proposed to provide clarification; however, the proposed changes alter the initial intent of the ordinance: . Through the proposed changes, the applicant seeks explicit code recognition that both a single family home and a multi-family rental property are eligible for conversion to a bed and breakfast establishment. Thus, under the definition of "Bed and Breakfast Establishment", and throughout Section 16, the text "single family residence or multi-family dwelling" (describing types of structures within a Bed and 8reakfast Establishment) would replace terms such as "residence", and "property", and would be added for clarification in other applicable sections of the text. For example, in Section 16 8.(2).a(3), which stipulates that exterior changes to the Bed and Breakfast structure, if made, shall maintain the architectural character of a single family structure, a similar requirement regarding exterior changes to a multi-family structure is proposed. . Under the definition "Bed and Breakfast Establishment", the requirement that the property owner resides on the premises is amended; the proposed change would allow a manager to reside within the establishment instead (Section 16 8.(1) and 16.8.(2).g.(3)). The term "guest bedroom unit" would be replaced by "residential unit". The proposed definition of "residential unit" describes it as "a defined area within a single family residence, or a multi-family dwelling, that may include, but is not limited to, one (1) or more guest bedrooms, a bathroom, a living area, and, if permitted, a kitchenette". Page 2 Memorandum No. PZ 00-238 BACKGROUND On December 1, 1998. the City Commission passed Ordinance 098-42, which provided for the establishment of bed and breakfast establishments, as conditional uses, within residential zoning districts of the City of Boynton Beach. This ordinance was initiated by the applicant; in particular, the language used in the section exempting one-room cottages from the general, "no cooking facilities" provision, was initially sought to accommodate the characteristics of the applicant's property. The subject property contains nine rental units within three buildings, one of which is a one-story studio cottage, and nearly all of the units have kitchenettes. The language in Section 10 of Ordinance 098-42 initially read as follows: "Conversion of small cottages with optional kitchenettes would be considered applicable to the intent of this Ordinance" (Exhibit "A"). Although the Code does define "cottage", this language would have accommodated the applicant's circumstances and such was the initial intent of this provision. However, the language was altered for the final reading and passage of this Ordinance on December 1, 1989, in response to concerns about the ambiguity of the term "cottage", and thus "one-room" was added for an additional clarification. Consequently, when the applicant filed a Conditional Use Application proposing a conversion of the nine existing rental units into a bed and breakfast establishment, the approval granted by the City Commission on July 5th, 2000, was contingent upon either the property being brought into compliance with the Code or the applicant's obtaining approval for modification of the existing regulations. ANAL YSIS Prohibiting cooking and food storage facilities within rental guest rooms or units of bed and breakfast establishments reflects both regulations for such uses throughout the country and a generally accepted character of such accommodations in the U.S. and abroad. Typically, conversions to bed and breakfast establishments involve medium-to large single family homes, whereby a number of bedrooms become bed-and-breakfast guest rooms. Consequently, guest units are most commonly one-room units. Bedrooms in single-family homes are rarely, if ever, equipped with cooking and food storage facilities. The current regulations permit a bed and breakfast establishment as a conditional use in all residential districts (and in residential districts only). As noted, potential conversions of a single-family dwellings to bed and breakfast establishments will not involve the issue of separate cooking and food storage facilities within guest bedrooms. The issue will arise if a proposed conversion to a bed and breakfast establishment involves one or more of the following situations: A. several small single family homes on adjacent parcels held in unified title located in any of the residential districts; 8. two or more duplexes on adjacent parcels held in unified title located in R-2 or R-3 residential districts; and C. any small multi-family rental property located in the R-3 district. The requirement to remove the existing kitchens or any other cooking- and food storage facilities in any of the above-stated scenarios would lack justification and would be cost-prohibitive, likely forcing an applicant to abandon the project altogether. Moreover, it would contradict current code provisions which allow individual kitchens and multiple units in the R-3 zoning district. Page 3 Memorandum No. PZ 00-238 It should be noted that the probability of any of the three cases actually occurring is low. To be viable, bed and breakfast establishments have to meet very particular requirements to appeal to tourists who are in the market for this type of accommodation. Ms. Bradshaw's property, unique in its character, potentially meets these requirements (although the property is not a typical bed and breakfast). Within the city, few existing properties fitting the description of the above-specified categories are likely to have, at the same time, a character that would lend itself to such a conversion of use. However, regulations should provide reasonable support for conversions of properties which have the potential to become marketable bed and breakfast establishments. There is a need for extending and diversifying the supply of tourist accommodations in the city. With regard to the remaining amendments proposed by the applicant, staff concludes that: . It is the intent of the regulations of the City of Boynton Beach to endorse a traditional bed and breakfast establishment, which is, typically, a converted single family home. The proposed amendments give uncalled-for equal emphasis to conversions of single family homes and multi- family properties. As noted above, Ms. Bradshaw's property is unique in its character. Conversions to bed and breakfast establishments of other multi-family rental properties in the future, if any. will be marginal. . The key part of the unique character of a bed and breakfast-type tourist accommodation is that the owner, not a person hired to manage the operation, lives on the premises, and that the bed and breakfast establishment is subordinate and incidental to the main residential use of the building. It is staffs opinion that allowing the owner to be replaced by a manager would change the character of the establishment, and that the traditional character of a bed and breakfast should be maintained. CONCLUSIONS/RECOMMENDA TION In contrast to the subject application, staff recommends that the city's code be amended to include the following changes to Chapter 2, Section 16, and Bed and Breakfast. 1. Section 16 B.(2).g.(3)j should read: "Existing kitchenettes within one or more guest units of a Bed and Breakfast Establishment are considered within the scope of this section and wHl not have to be removed, " The amendment will reinstate the initial intent of the Ordinance 098-42 with respect to the conversion of Ms. Bradsaw's property to a bed and breakfast establishment and ensure a consistent treatment by the code of any such future conversion of eligible properties. Given that bed and breakfast establishments are allowed in all residential districts, there is no justification to limiting the "grandfather clause" regarding cooking facilities to any particular type of structure or zoning district within the current limits of the code. Moreover, the amendment will eliminate the usage of a term which is ambiguous and undefined by the code ("one-room cottage"). Staff also recommends that: 2. Section 16.B.(2).g.(1) should be revised to eliminate redundancy and to allow for the hiring of employees to assist with the operation. Therefore, Section B.g,(1), should read: Page 4 Memorandum No. PZ 00-238 " There shall be no cooking facilities or food storage in any guest room/unit. Breakfast shall be the only meal provided for paying overnight guests, The breakfast shall not be served after 11 :00". References to other meals and references as to who should be serving meals are superfluous and/or unnecessary. The reference to guests of the paying guests should also be eliminated, consistent with the language of Ordinance 098-42. 3. Section 16.8.(2).g.(2) should be revised in the following manner: · It currently limits the stay to 14 days during any 90-day period. In as far as restrictions to the length of stay are considered necessary, staff proposes to replace a 90-day period with a 45- day period to allow for the returning of satisfied guests. · Restrictions on the check-in and check-out period are not necessary. The check-out hours are typically between 11 a.m. and 2 p.m. in all tourist accommodations. Allowances have to be made for unpredictable situations that may impact arrival time of guests; check-in time should not be limited by code. Due to the small size of such projects, and low frequency of extreme check-in times, negative impacts would be immeasurable. MR Attachments IICHIMAlNISHROA T AIPlanningISHAREOIWPIPROJECTs\Bradshaw Bed and BreakfastlstaffreportBradhawCDRV doc ?ARTMENT OF DEVELOPMEN MEMORANDUM NO. PZ 00-70 TO: FROM: Sue Kruse City Clerk &t~/Z Michael W. Rumpf Planning and Zoning Director DATE: June 7,2000 SUBJECT: Bradshaw/Park Shore Manor (Bed and Breakfast) COUS 00-001 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. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. This request is scheduled for the June 27, 2000 Planning and Development Board meeting and the July 5, 2000 City Commission meeting. Please advertise in the newspaper and notice property owners accordingly. MWR:blw Attachments Revised 6/8/00 J:ISHRDAT AIPLANNINGISHAREDlWPIPROJECTSIBRADSHAWlLEGLAL NOTICE .DOC \ ~ / 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 two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Michael Rumpf DATE PREPARED: June 7, 2000 DESCRIPTION OF NOTICE OR AD: Conditional Use Approval for a Bed and Breakfast located at the 658 Manor Drive, Boynton Beach, Florida, June 17. 2000 - Plannina and Development Board meetina and July 5,2000- City Commission meetina. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: Property owners (postmarked June 17, 2000) within a 400 foot radius of the subiect property, applicant and the Plannina and Zonina Manaaer. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: June 17, 2000 - LAST DATE TO FAX TO THE PAPER BY 3:00 P.M.: June 15, 2000 APPROVED BY: (1) ~.O~ (Originator) - ~ /~ ;{~~ (Date) / / (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARINC. Peter H. Schmidt, Esquire Agent for Barbara R. Bradshaw, property owner, has requested the following parcel located at 658 Manor Drive, Boynton Beach, Florida 33435 to be considered for Conditional Use approval to construct a Bed and Breakfast establishment. Legal Description: Parcel 1: A tract of land lying in Government Lot 3 of Section 22, Township 45 S., Range 43 E., In the Town of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of the South 370 feet of Government Lot 3; thence with a bearing of S. 89022'01" E., along the North line of the aforementioned South 370 feet of Government Lot 3, said line being also the South line of Wilms Way SID as recorded in Plat Book 23, Page 110, of the Public Records of Palm Beach County, Florida, a distance of 601.68 feet to a point; thence with a bearing of N.O 037'59" E., a distance of 34.41 feet to a point; thence with bearing of S. 89022'01" E., along a line, lying 34.41 feet North and parallel to the North line of the aforesaid South 370 feet of Government Lot 3, a distance of 69.58 feet to a point; said point being the Point of Beginning; thence continue along the aforementioned course, a distance of 124.31 feet to a point; thence with a bearing of S. 0037'59" W., a distance of 144.41 feet to a point; thence with a bearing of N. 89022'01" W., a distance of 124.31 feet to a point; thence with a bearing of N. 0037'59" E., a distance of 144.41 feet more or less to the Point of Beginning. Containing 0.412 Acres more or less, and subject to a 35.00 foot wide easement for road purposes on the South, and subject to other easements and rights-of-way of record. Parcel 2: A tract of land lying in Government Lot 3, of Section 22, Township 45 S., Range 43 E., in the town of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of the South 370.00 feet of Government Lot 3; thence with a bearing of S. 89022'01" E., along the North line of the aforementioned South 370.00 feet of Government Lot 3, said line being also the South line of Wilms Way SID as recorded in Plat Book 23, Page 110, of the Public Records of Palm Beach County, Florida, a distance of 575.57 feet to a point, said point being the Point of Beginning; thence continue along aforementioned course, a distance of 26.11 feet to a point; thence with a bearing of N. 0037'59" E., a distance of 34.41 feet to a point; thence with a bearing of 89022'01" E., along a line lying 34.41 feet North of and parallel to the aforesaid North line, a distance of 69.58 feet to a point; thence with a bearing of S. 0037'59" W., a distance of 144.41 feet to a point; thence with a bearing of N. 89022'01" W., a distance of 95.69 feet to a point; thence with a bearing of N. 0037'59" E., a distance of 110.00 feet more or less to the Point of Beginning. Containing 0.297 Acres more or less, and subject to a 35.00 foot wide easement for road purposes on the South, and subject to other easements and rights-of-way or record. NOTE: That (pursuant to the ordinances of the City of Boynton Beach, Florida, pertaining to issuance of building permits and regulating building construction) on May 4, 1993 the above- described parcels of real property became the subject matter of that certain Declaration of Unity Title, dated May 4, 1993, and recorded on May 4,1993, in Official Record Book 7692, Pages 417 through 419, inclusive, of the Public Records of Palm Beach County, Florida. Proposed Use: Bed and Breakfast PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON JUNE 27, 2000 AND ~~5, 2000 RESPECTIVELY, AT 7:00 P. M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561 742-6260 PUBLISH: JUNE 17, 2000 The Post J:\SHRDA T AIPLANNINGISHAREOIWPlPROJECTS\BRAOSHAIMLEGLAL NOTICE. DOC ..-., ,h ~alU ne\vspaper lr ..... .,""- "lld~lH::U copy v, r nOlle Hearin2 in the --- COl; <; 'ssues of June 17. 2000, Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that shelhe has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ..!.2..-day Of. T?A~/~ 6 / //t^'-/.I 7 ! I' 1/~ l i Swom to and subscribed before this Personally known XX or Produced Identification Type ofIdentification Produced [:~1~:~":';:,,;:"~[~i~;~i~l!~\:i!;::l . thence with 8 besrlng ot So,' . 8&'22'01" E.. along Ihe Norlh . bne 01 Ihe aforemenliqned -!ioulh 370 feel of Go.ernmenl Lot 3. said Une being aleo the Soulh line of Wilms Way SID '8, recorded In Plat Book 23. r.ge 110, 01 Ihe Public Re' ,ards of Palm Beech Counly, FlOrida. a dislance of 601.68 fEl'-'t to a point; thence. with 8 . biarlng or N. 0"37'59" E.; a Illetance 01 34.41 leel to a eQ1nt: thence Wit". bearing 0 r ~.__8n2'01>t E., along 8 tine. \)'Ing 34.41 feet North and par' .1"1 10 tha North line 01 the ais....s.ld South 370 leet 01 Government Lot 3. a distance o~ 69.58 leet 10 a polnl; said poinl being Ihe Point 01 Begin' am,,; thence conlinu&" along ,1h. .'o...1t'iinUm'lcm-courae, 8 1I10lance or 124.31 leet to e polnl; Ihence wllh a bearing of S. '0'37'59" W" a distance 01 '44.41 feel 10 a point; Ihence'l with a bearing of N. 89"22'01" w:: a dlslance of 124.31 leet i to .. point; thence with a bear~ i inll. 01 N. 0"37'59" E., a dls" tance of 144.41 feet more or ~ lesa to Ihe Polnl or Beginning. . co'ctalning 0.412 Acres more "r esa, and subject to a 35.00 foot wide eaaement tOt roed ,uipoaes on the South. and toubject to other easements and rights-at-way of record. Parcel 2: A-tract of land lying in Govern- mllnl Lol 3, of Section 22.. T~l"nshlp 45 S" Range 43 E., fn -the town 01 Boynton Beach, Palm Beach County, Florida. I}eing more particularly de~ 'Icrlbed sa lollows: .COMMENCING at Ihe North- wesl corner Qf the South 370.00 lee I of Government' L~t 3; Ihence with a be.rlng ot,' S. 89'22'01" E., along Ihe ,t40rth line ot the 8tor.men~ liened South 310.00 leet 01 . po.ernment Lot 3, said line being elso the South line 01 Wilms Wey SID es recarded In P:~I:o~:C~~d:8:,e P~:~' :~~~~ I . ~.unty. Florida, B diatance of ~75.57. feel to a point, said p61nt being the Polnl of Begin' ntng; thence continue along ~(ofemenlloned course, a dls- 'Il/nce of 26.11 leet10 a point; 'lIience with a bearln9 of N. .11'37'59" E., a diatan"e of .34.41 leet 10 a point; thence .with a bearing or 89"22'01" E., along a Une lying 34.41 .t.lJet Norlh' 01, and paraUel to ~ alorasaid /Iol\lh line, a dis- ~ce 01 69.58 fullo a point; t1..nce' with a bearing of S. Q4G1'59" W., a. distance 01 .144.41 leello a pol"l; Ihence wllh a bearing or N. 89'22'Ol" W., a dislance of 95.69 feet 10 .- point; thence with a bearing 'a}.N. 0'37'59" E.. a distance .pt) 110.00 feet more or t... to i 'the Polnl or Beginning. . .qmtaining 0.297 Acres mot. liE leas, and subiecllo a 35.00 1.90t wide easement ror road )>4irpo... on Ihe South, and ;subJect to other easements -;arit1 rlghts-at"way of record. NOTE: That_(pursuanl to 1M orl:llnanc.... "of the City 01 -aoynlon B.ach;<Florlda, per- lalnlng 10 lasu8nce or building 'permlls and reguletlng build. 11\9 conslructlon) on May 4, 't993 the aboV&,deacr!bed par- -c'.11 01 real propertr became, 'ftl~ eubjecI mallar of that cer'l ':tarn Deela"atlon of Unity Title'i 'daled May 4, 1993, and reo' :f.'orded on May 4, 1993, In 01- ,.lIclal Record Book 7692, i~alla. 411 through 419, inclu': . .ay'Of tha PubUc Records 011 . 1m 'Beach County, Florida. ; ~"br).IV..d Use: Bed and 'Sulak.. . ,'..f i ,./'VBLlC HEARINGS TO CON, :,91PER THE REUUI'ST ARE' ~HEDULED BEFOR( THE 'PLANNING AND DEVEL.;!'- ~ENT BOARD ON JUNE 27 .2000 AT 100 EAST BOYNTON BEACH BLVD., BOYNTON .BEACH AND THE CITY COM- ,.MlSSION ON JULY 5. 2000 AT '!]iE. DOWNTOWN LEISURE. . "JLLE COMMUNITY CLUB- .HOUSE. 1807 S.W. 18th ~REET, BOYNTON BEACH .,BOTH MEETINGS TO BE HELD ']IT 7;00 P. M. ..All interested partie, are noti- ~ ~fed to appear at said hearings I ....... person or by attorney and I b:'e heard or tile any written "comment. prior to the hearing dates. Any person who de- C!de. to appeal any deci8ion ,elf the Planning and neve'op- t!"ent Board and City Cornmis.. ~ion with r..pect to any mat- ,~., considered at the,. .meelings will need 8 record of ..t~e proc.eedings and tOI such I ,P~lpo8e may need to ensure i ~!Jat 8 verbatim recold of the i .p/oceedlngs Is made, which: '",cord Includes the testimony) '.nd evldenc. upon whfch the .appeal I. to be based. _OnY OF BOYNTON BEACH :~~:g~G AND ZONING '(561) 742-6260 '.PPBlISH; JUNE 11, 2000 :r~_1'0.!!__ --------- THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tvler Dixon who on oath says that she is Classified Advertisinl! Manal!er, Inside Sales of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of Public Hearine in the --- Court, was published in said newspaper in the issues of June 17, 2000. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County. Florida, and that the said ne\ovspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commi.ssion or refund for the purpose of securing this advertisement for publication in the said newspaper. 12-dayof TA~/~ 6 .: /7;.,-1 7!;, ll~_ l ! {.... ' Sworn to and subscribed before this Personally known XX or Produced Identification Type ofIdentification Produced ~,,""~;:'/~"'.'._~.;,<.:::.,:.~~l;"'~""f~~"'~'":...",:.~:_.~.....' '. ',' :,:), ./...;.: ,::'::; ~"';~;::';":I'i~;::;;~"" I '~." ":. ' .~ : ,-. _ :,,' \~~:':',;;, ;:;.:,~;; :.:::~<;~,~,;;..;.;r~;/ ;~. ()< ~'i:( c~..!"~.~: :I.:"':;dr~,!"",p. 11 1.j"2tlljlJ? ~~ \ .IJ\~:::;:~~ ~:' ~:~~ ~:>:..\~~~.~. ~.~ .~~:.~,\ ~.~~.}:~~~)~:;) ~~~:~~~.~')~ ~~~:~; i. . r ~: NO. 709985 . IibnCE OF PUBLIC HEARING . Pel.r H. 'Schmldl, E.qulr. Ag.nl lor Barbera R. Bred, shaw. property owner, has re- Quested the following parcel located at 658 Manor Drive. lIoynlon B.ech, Florida 33435 I' rq be considered 'or Condi- :(1\1"81 Use approval to con- 'trucl e B.d end Br.aklasl es- labllshmenl. L.9.' D..cription: Parcell: A lracl oll.nd lying hi Govarn- . mini Lol 3 01 S.ction .22,. Town.hip 45 S., R.ng. 43 E., 'Iii Ih. Town 01 Boynlon beach, Palm Beach County. ~Iorlds, being more parllculsr, Iy de.cribed as lollows: COMMENCING .1 Ih. Norlh' . w8s1 corn.r 01 Iho Soulh 370 . ;..1 of Gov.rnm.nl Lol 3; ,It>enc. with a b.arlng 01 S,I ,8~'22'01" E., .Iong Ihe North . &ne 01 Ihe aforem.nli'lned ~oulh 370 '..1 01 Gov.rnm.nl k.ot 3, said line b8ing al80 the Soulh IIn. 01 Wilms Way SID I. recorded In Plat Book 23, rag. 110, 01 Ih. PUblic R., ,ordl of Palm Beach County, Fmrida. a disl.nce 01 601.68 felt' to 8 point. thence with a bi.rlng of N. 0037'59" E.; 8 ,f:tlstance 0' 34.41 feet to a eQ1nt: thence wlth bearing of ~.._8go22'01" E., along 8 line, IlIlng 34.41 I.at Norlh end per- all.1 10 Ih. Norlh lin. 01 Ihe .,pr....ld Soulh 370 ,..1 01 Government lot 3, a distance o~ 89.58 ,..1 10 . polnl; .ald point being the Point of Begin- .mg; thence contin.ua... atong the .'o....,.,.ntfarlG'd""'courS8. 8 tllslanc. 01 124.31 ,..1 10 . "olnl; Ihenc. wllh a b.arlng 01 S. 'O'37'59" W., a dl.lance 01 "144.411..110 a point: Ihenc.i wilh . be.rlng 01 N. 89'22'01"\ w:: a dl.lanc. 01 124.31 leel to a point; thence with 8 bear- ~ InS! 01 N. 0'37'59" E.,. . dls- t.nc. 01 144.41 I.el more or, I... 10 Ih. POlnl 01 B.glnnln9, , Co;.taining 0.412 Acree more ...r ...., and .ublecllo a 35.00 foqt wide eaaement for road ..urposes on the South. and 5ubject to other easements inCl rlghl.,ol.way 01 r.cord. Parcel 2: . A-tract 0' land lying in Govern- tn.nt Lot 3. of s.ction 22,. 1'lIJNnshlp 45 S.. Rang. 43 E., ln'tha lown 01 Boynlon B.ach. Pelm Beach Counly. Florida. ~eing more particularly de- 'scribed 88 follows: .COMMENCING al Ihe Norlh. we.t corner of the South 37p.00 ,..1 01 Gov.rnm.nl L~I 3; Ih.nc. with. beerlng 01 ~. 89'22'01" E., along Ih. ~"rth line of the .fotemen- il.n.d Soulh 370.00 leel 01 . Government Lot 3, sBid line b.lng al.o Iha Soulh IIn. 01 Wllm. Wey SID .. r.Cdl'd.d In Pial Book 23, Page 110, ollh. ~u~lIc Records of Palm Beach . C_unty. Florida, 8 distance of' ~75.57 I.el to a polnl, .ald p&lnl being Ih. Polnl 01 B.gln- rifno; thence continue along ..forementloned course, 8 d's- k~nce 01 26.11 ,.., 10 a poinl; 1!i8nce with a bearing of N. 1>'37'59" E., e dl.lance 01 .34.4.1 fe.1 10 a polnl; Ihence .with a b.arlng 01 811"22'0 I" E". .Iong . IIn. lying 34.41 .(.0;.1 Norlh' ol'and par.II.1 10 .IIi- alor...ld NOQh line, a dis- ~c. 01 69.58 I..t 10 e polnl; llience wllh a bearing 01 S. 0'67'59" W., a. dl.l.nc. 01 .144.41 ,..110 e polpl; Ih.nc. with a b.arlng 01 N. 89'22'Ol" >N., a dl.l.nc. 01 95.69 ,..110 .- poinl; Ih.nc. with a b.arlng bJ.N. 0"37'59" E., . dl.tance ~l110.00 feet more or less tOj tha POlnl 01 B.glnnlng. . .c.\,ntaining 0.297 Acres more or le,sl and subject to a 35.00 -1q.bt wide easement lor road J>tIrpo... on Ih. Soulh. and .'SubJect to other easement. ~rfd rIghts-of-way of record. t.lOTE: Thai, (pursuanl 10 Ih. 'orlflnence. of the Citr of 1I0ynlon Beech," Florida, . p.r, l.'nlng 10 Is.uance 01 building p.rmlt. and r.gulallng build, "lrig construction) on MBY 4, '1'993 the above-described par- 'c..'s 01 real property became 'ftle subj.cl mall.r 01 Ih.1 c.r,[ ~'arn Declaration of Unity T~tI... del.d May 4, 1993. and r.- corded on M.y 4. 1993, In Of. 7ficlal Record Book 7692, ~.g.. 417 through 419, inclu. ~"Yet Of the Public Records of \. Palm B.ach Counly. Florida. :f~:rv".d Use: Bed and Break., J'lJBLIC HEARINGS TO CON- . SlPER THE REOUEST ARE ~SCHEDULED BEFOR( THE 'PLANNING AND DEVEL.J!'- ,MENT BOARO ON JUNE 27 _2000 AT 100 EAST BOYNTON 'BEACH BLVD., BOYHTON ,BEACH AND THE CITY COM- . ,MISSION ON JULY 5, 2000 AT . :?'IE. DOWNTOWN LEISURE. "JLLE COMMUNITY CLUB, I,HOUSE, 1807 S.W: 181h ,STREET, BOYNTON BEACH ,.130TH MEETINGS TO BE HELD :.AT 7:00 P. M. '..AII interested parties are noti-' . fled to appear a. said hearings I -11'1 person or by attorney and I tie heard or file any written' ....c.omm.nt. prior to the hearing de tell. Any person who de- C!des 10 appeaf any deCision ,at. Ih. Planning and a.v.lop- 4'lent Board and City Commls.. 14ion with respect to any mat- :~r considered at thes. ..meetings wIll need a record of ..t~e prOCeedings and tor such ,P~'P08. may need 10 ensure I :-t~at a "erbalfm record o( the i p.roceedlngs ts made. which, ~!c::)fd 1~c.lUdes the te....timonv.