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O78-12i ORDINANCE NO. 78-12 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ORDINANCE NO. 75r19 OF SAID CITY BY REZONING CERTAIN PARCELS' LOCATED IN SECTIONS 17 AND 20~ TOWNSHIP 45S~ RANGE 45E~ PALM BEACH COHNTY~ FLORIDA, AE MORE PAR- TICULARLY DESCRIBED HEREINAFTER; PROVIDING FOR SAVINGS CLAUSE, REPEALING P~VtSION, AN EFFECTIVE DATE AND FOR OTHE~ PURPOSES. WHEREAS~ the City Council of the-tity of B~ynTon Beach: Florida~ has hereto£ore adopted Ordinance No. 75-19 in which as Revised Zoning Map was adopted for-sa_d~Cmty;,ana WHEREAS, the City Council deems it Eo be in the best interests of the inhabitants of said City to amend the said Revised Zoning Map as hereinafter se~ ~orth. NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: The following described proper~y located in the City of Boyn~on Beach~ Palm Beach County~ Florida be and, the same is hereby rezoned as indicated in schedule 6f p~oper~y attached hereto and made a par~ hereof. Subject mo requirements of Municipal Plann£ng & Zoning Board minumes of February.28~ 1978~ and staff reco~endations~ copies av~ached. Section 2: The said Revised Zoning Map ~ the City shall be amendS, accordingly. Sectio~ 5: Separability ~ach of the provisions of this ordinance is~separab!e~ including word~ clause~ phrase or sentenee~ ~nd if any portion thereof shall be declared invalid~ the remaining portion shall not be affected but shall remain in full force and effect. Sectio~ 4: Repealin~ Provision: Ail ordinances or parts of ordinannes in conflict herewith are hereby repealed. Section 5: An Effective Date: This ordinance shall become effective in the manner a~ the time provided by law. First reading this 7th day of March , A.D.~ 1978. Second, final reading and passage~ this ~/~ day of /~ ~ , A.D., 1978. CITY OF BOYNTON BEACH, FLORIDA l~embe r /?; coUnci lr~ernber Councilmember RTTEST: City' Clerk (Corp. Seal) --2-- TP~ACT '~A'~: A Tract of land lying in the Southwest 1/4 df Sed~ion ]7, Township 45 South, R~nge 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southwest corner of said Section t7; thence along the West line of said Section 17 for 669.30 feet to the Point of Beginning of said Tract; thence continue Nl°44'39"E along said West line for 648.80 feet to an intersection of the centerline of N.W.22 Avenue as described in Official Records Book 1738 at Page 1686 of the Public Records .of Palm Beach County, Florida; thence N89°Od'32"E along said centerline of N.W.22 Avenue for ??8.$7 feet; thence S1°44'39"W along a l{ne parallel with the said W6st line of Section 1.7 for 648.80 feet; thence S89°04'32"W along a line parallel with the said centerline of N.W.22 Avenue for 778.37 feet to the Point of Beginning. Said tract contains 11.58 Acres more or less. I/'se REZONE from R-1AAA to C-1 Comme reia 1 TRACT "B~: A Tract of land lying in the Southwest ]/4 of Section ]7, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southwest corner of said Section 17~ thence Nl°44'39"E along the West~l~ne of said Section 17 for 1318.10 feet to a point in inter- section with the centerline of N.W.22 Avenue as recorded in Official Records Book 1738 at Page 1686 of the Public.Records of Palm Beach County, Florida, said point being the Point of Beginning of said Tract of land; thence contirme Nl°44'39"E along said West line of Section 17 for 1248.03 feet, thence N89°OS'49"E along the South right of way line of the Lake Worth Drainage District Canal L-21 as recorded in Officia} Records Book 1732 at Page 612 of the Public Records of Palm Beach County, Florida, and. its W~sterly extension, for 738.33 feet; thence S1°44'39"W along a line parallel to th~ said Wes%'line of Sect~o~ 17 for 1247.06 feet; thence S89°04'32"W along the said centerline of N.W.22 Avent~ for 778.37 feet to the Point o{ Beginning. Said Tract contains 22.27 Acres m~re or less. REZONE fro~ R-1AAA.~o C-5 Use Commercial ~,.~O~ICE - eontin.., page ~ Tract of land lying partly in the South 1/2 of Section 17 and partly in the Northwest 1/4 of Section 20, in Township 45 South, Range 43~ E~st, Palm Beach County, Florida, too. re particularly described as follows: Begin at the Southwest corner of said Section 17; thence Nl°44'39"E along the West line of said Section-17 for 669.29 fee~; thence N89°O4'32"E for'778.37 feet; thence Nl°44'39-E along a line parallel to the said West line of Section t7 for 1895.76 feet; :thenCe N89°O8'49"E along the of way line of the_Lake !4orth Drainage I- Records Book 1732 at Page '612 'of Palm Beach County, Florida and its Ea:sterl¥ extension fn~ ~ feet:; S35 3t 23 E for 136.38 feet; thence-EAST for 933.51 feet to less. )nterline of N.W. 22 Avenue as recorded in Official Records Book of Palm Beach County, Florida, said S29°48'40"E from )f N.W. 22 Avenue Said of 28o53,12,, for~470.95 feet; ~ Equalizing COu~ses~ to a point of curvature to a curve tha~ cuYvehaving~ a radius feetto a point of feet~o a point of curvature * F~ ~aid cmve.. 5°36'44" f~ ~22.62 feet S88°55'53-~ for I635.69 20 for 1320.72 feet Hns 140.~7 AcTes more .REZONE from R-iAAA to Multi Family NOTICE - Contin. - page F~qCT D . A~¥~act of land lying partially in both Sections 17 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the center of said Section 17; thence N89oOB'49'~E at~ng the North line of the S l/2 of said Section 17 for I]SZ.DI feet to the Point of Beginning of said Tract of land; thence S33719'57"E for 249.89 feet to a point on the centerline of N.W. 22 Avenue as recorded in Official Records Book t738 at Page 1686 of the Public Records of Palm Beach County, Florida, said point being on a curve concave to the Southeast, and bear$ng N32°52'O4"W from the radius point of said curve; thence along the said centerline of N.W. 22 Avenue for following two (2) courses; (1) thence South- westerly along the arc of said curve, having a radius of 1637.02 feet and a central a~gle of 10°21'28'' for 295.94 feet to a point of tangency; (2) thence S46~46'28 W for 571.20 feet; thence S43~13'32"E for ?05.2t feet to a point on a curve that is concave to the Southwest and bearing N3°46'22"E from the radius point of said curve; thence Southeasterly along the arc of SaSdcurve, having a radius pf 180.00 feet and a central angle of 21°54'24" for 68.82 fe~et to a point of reverse curvature to a curve that is concave to the. Northeast; thence along the~arc of said curve, having a radius of 150.00 feet and a central angle of 48°12'22'Lfor 126.20 feet toa point of compound curvature to a curve that is concave to the Northwest; thence along the arc of said curve, having a radius of 250.00 feet and a central angle of ?0°23'35'' for-307.]5 feet to a point of reverse curvature to a curve that is concave to the Southeast: thenc~ along the arc of said curve, having a radius of 280.00 feet and a central angle of 77027'46'' for 378.55 feet to a point on said curve; thence S33°Ig'57"E - for 626.64 feet to a point of curvature to a curve that is concave to the SoUthwest; t~ence along the arc of said curve, having a radius of 650.00 feet and a central angle of 32°41'57" for 370.96 feet to a point of tan§ency; thence S0738'00"E along a line that is 425.00 feet West and parallel to %he East line of said Section 17 for 744.91 feet to a point of curvature to a curve that is concave to the Northwest~; thence-along the arc of said curve, having a radius of 550.00 feet and a central angle of 21°20'34'' for 204.86 feet to a point-on said curve; ~hence S89°OO'19"W for 197.75 feet; thence SO°51'05"E for ]429.97 feet; thence ~N88°50'O4"W~for 2957.10 feet; thence NS°lS'14"Wfor 153.1~ feet to a point of curvature to a curve that is concave to the South%asr; thence along the centerline of the Lake Worth'Drainage District Equalizing Canal E-4, as ~ecord- ed in Official Records Book 1732 at Page 612 of the Public Records of Palm Beach County, Florilda for the following four (4) courses; (1) thence Northerly along the last described curve, having a radius of 450.00 feet and a central angle of 15°36'44'' for ]22.62 feet to a point of tangency; (2) thence NIO°IS'30"E for 988.60 feet to a point of curvature to a curve that is concave to the West; (3) thence along the arc of said curve, having a radius of 450.00 feet and a central angle of ]8°20'00'' for 143.99 feet to a point of tangency; (4) thence for 1255.14 feet; thence along the centerline of said N.W. 22 Avenue for the following two (2) courses; (1) thence N89°O4'32"E-for 470.95 feet to a point of curvature to a curve that is concave to the Northwest; (2) thence along the arc of said curve having, a radius of 1626.44 feet and a central angle of 28°53'12~' for ~20.00 feet; thence N29°48'40"W for 62].95 feet to a point of curvature a curve that is concave to the North6ast; thence along the arc of said curve, having a radi:us of 600.00 feet and a central angle of 36°37'39" for 383.56 feet; thence WEST for 933.51 f~et to a point on the East right of way line of the said Lake Worth Drainage District Equalizing Canal E-4; thence N35o31'23"W for 136.38 feet to a point on the centerline of said canal E-4~ said point being on a curve concave to the Southeast and bearing N81q29'lT"W from the radius point of said curve; thence along said centerline of canal E-4 for the follow~ng four (4) courses; (1) thence Northeasterly along the arc of the last descFibed curve, having a radius of 750.00 feet and a central angle of 4°04'I7'' 53.29 feet to a point of tangency; (2) thence N12°35'OO"E for 320.69 feet to a point of curvature to a curve that is concave to the Northwest; (3) thence. along t~e arc of said curve, having a radius of 6500.00 feet and a central angle of 3028'30" for 394.23 feet to a point of tangency; (4) thence for 644.50 feet; thence N89°12'42"E along the North line of the S 1/2 of the N 1/2 of said Section 17 for 2176.67 feet; thence SO°02'll"E along the East line of the West 1/2 of the NE 1/4 of said Section 17 for 1312.59 feet; thence S89°88'49"W along the said North line of the S ]~Z of Section 17 for 94.83 feet to the Point of Beginning. Said Tract contaihs 291.6t Acres more or less. REZONE from R-iAAA to R-LAA Use Single Family NOTICE - C~tin. - page 4 ~RACT ~ . A Tract of land lying in the East 1/2 of Section 17, Tmvnship 45 South. Range .43 East, Palm F~ach County, Florida, more particularly described as follows: Begin at the Southeast corner of said Section 17~ thence S89°00'19"W along the South line of said Section 17 for 462.73 feet to a point on a cu~e that is concave to the Nort~ves~, said poin~ bearing s69°lT'26"W from the radius point of said curve; thence Northeasterly along the arc of said curve, having a radius of 550.00 feet and a central angle of 21020'34" for 20¢.86 feet to a point of tangency; thence N0°38'00"~ along a lin~ that )s 425.00 feet West and parallel to the East line of said Section 17, for 744.91 feet to a point of curvature to a curve that is concave to the Southwest; thence along the a~c of said curve, having a radius of 650.00 feet. anda central angle of 32°41'5/" for 370.96 feet to a point of tangency; thence N33°lg'57?W for 547.S4 feet~ thence.N13°53'12"E for 916.9l feet to a point on the centerlineof ~.~.22 Avenue as recor~edin Official Records Book l~38 at Page 1686 of the Public Records of Palm ~each County, Florida, said point being on a tuFve thQt is co~cav~ to the Southeast and bearing NS°32'58"W from the radius point of said curve; thence Northeasterly along the arc of said curve, having a radius of 1637.02 feet and a central angle of tO°19'21'' for294.93 feet to a point of tangency~ thence S0o38'~0"E along the East line of said Section 17 for 22.69 feet to the East l/4 corner of said Section t7; thence continue S0°38'00"E alon~ said East ]ine of Section 17 for 2620.55 feet to the point of'BeginQing. Said lract of land contains 34.68Acres more or less. REZONE from R-1AAA to Use Multi Family TRACT A Tract of land lying in the NE l/4 of Section 20, Township 45 Sour.)), Range 43 East, Palm Beach County, Florida, more particularly described as Begin at the Northeast corner of said Section 20; thence S0°49'2l"E along the East line of said Section 20 for 1454.86 feet; thence N88°50'O4"W fo~ 395.24 feet; thence NO°49'21"W along a line that is 395.00 feet West and parallel the said East line of Section 20 for 959.52 feet; thence N60°24'39'%~ for 294~91 feet; thence N29°35'21"E for 294.97 feet to a point of cut'vature to a curve that is concave to the Northwest; thence along the arc of said curve, having a radius of 550.00 feet and a central angle of 8052'47" for 85.24 feet to a point on said cdrve; thence N89°OO'lg"E along the North line of said Section 20 for 462.73 feet to the Point of Beginning. Said Tract of land contains 14.7GA cron more or less. REZONE from M-1 to R-D · Use Multi Family TRACT · A Tract of ]and lying in the NE ]/4 of Section 20, Township 45 South, ~nge 43 East, Palm Beach County, Florida, more particularly described as follows: Co~)ence at the Northeast corner of said Section 20, thence S~)9°O0'19"W along the North line of said Section 20 for 462.73 feet to a point on a curve that is concave to the Northwest, said point bearing S69°]7'26"E f~om the radius point of said curve; thence Southwesterly along the arc of said curve, )%avin9 a radius of 550.00 feet and a central angle of 8°52'47'' for 85.24 feet to a point of tangency; thence S29°35'21"W for 294.97 feet; thence S60°24'39"E for 294.9) feet; thence S0°49'21"E for 959.52 feet; thence N88°50'O¢"W for 264.91 feet; thence NO°51'O5"W for 1429.97 feet; thence N89°OO'lg"E for 197.75 feet to the Point of Beginning. Said Tract contains 7o10 Acres more or less. REZONE from M-1 to R-1AA Use Single Family ~OTiCE - Comtin. - page T~CT "H':: A Tract of ]and ]yin§ in the East l/2 of Section l?, Township 45 South. Range 43 £ast, Palm BeachCounty, Florida, more particularly described as Con~en£e at the N.E. corner of the S.E. ]/4 of said Section 17; thence r10°38'00"~ along the £ast line of said Section ]? for Z2.69 feet;-thenee along the centerl~ne of ~.MJ 22 Avenue' as recorded in Official Records Book ]?38.at Page ]686 of the Public Records of Palm Beach County, [lorida, for the following two (Z) ~ourses; fl) thence N88°]3'32"W for 300.OOfeet to a point of curvature tn a curve that is concave ~to the Southeast; (2) thence along the arc of said curve, having a radius of 16~?.02 feet and a central angle of ]O°]9'2t~for 294.9~ feet to the Point of Beginning of said Tract of land; thence S13°53'12"W for 9t6.91 feet; thence N~3°lg'57"W for /9.10 feet to a point on a curve that is concave to t~e Southeast and bearing N15°27'26"Wfrom the radius point of said curve; thence .along the a~c of said curve, having a radius of 280.00 feet and a central angle of 77~27'46' for 378.55 feet to a point of reverse curvature to a curve that is concave tothe Northwest; thence along the arc of said Curve, having a radius of 250.00 feet and a centralangle of 70023'35'' for 307.t5 feet to a point of com- pOUnd curvature to a curve that is concave to the Northeast; thence alon) the arc of. sa.id.curve, having'a radius of 150.~0 feet and a central angle of 45°]2'22'' for 126.20 feet to a point of reverse curvature to a curve that is concave to the S~uthwest; thence' along the arc of said curve, having ~ radius of 180.OO.f£mt and a central ang{e of 21°54'24'' for 68.82 feet; thence N43°13'32'~ fo~ 105.21 feet; ~hence ~lo~_/~he centerline of said N.W. 22 Avenue for the following two courses, (l~ thence N46°46'28"E for 571.20 feet to a point of curvature to a curve ~hat is concave to the Southeast; (2) thence along the arc of said curve, having a radius of 1637.D2 feet and a centraJ angle of 10°21'2~' for 295.94 feet; thence N33~19'57"~ {or 249.89 feet; thence along the North line of the said S )J2 of S.ection ~7 for 463.79 feet to a po{hr on the North right of way line of said N:,W. 22 Aven,ue; thence Slg°27'31"E for 50°00 feet to a point on the centerline of said N.W. 2~ Avenue, said point b~ing on a curve that is concave to the Southeast and bearin~ N19o27'31"W from the radius point of said curve; thence ~ortheasterly along the a~c of said curve, having a radius of 1637.02 feet and a central angle of 10°54'38'' for 311.73 feet tO %he Point of Beginning. Said lract contains Acres more or less. REZONE fmom R-iAAA to C-O Use Psr~ and Open space ~pticant - Riteco Development Corporation MINUTES FEBRUARY 28, ~978 PLANNING & ZONIh~G BOARD ~so Huck_te referred to the possibility of the DeBartolo Mall becoming a reality just to the south and asked if it would make a di£ferenc~ in their planning for this area and ¥~o Collins replied they were aware of these plans and do not feel it will compete with the kinds of uses they propose. A regional shopping center would serve a much larger service area and he explained how their shopping center would serve the neighborhoods surrounding the project. Also, studies have sho~n community shopping centers are needed because the rate of rental at regional shopping centers is prohibitive. He explained further how they did not see a regional center competing even in close proximity. Mr. Arena questioned the basis for their beginning point and referred to the traffic impact of the people shopping in other areas until the shoppmng center is built during the lastphase. Mr. Collins explained how it takes a certain number of residents in an area to justify building a commer- cial area ~s. Huck~e referred to the industrial area not being part of the presentation and questioned their plans for development and asked if it ws~s included in the traffic analysis and ~. Collins replied that the industrial is not included because it is not part of the rezoning~ M~. Riley further e×plained his plans to develop it when there is a matter of need and stated there were no immediate plans to develop it. Mrs. Huckle asked if it would be something to be investigated as to the impact on the whole project and ~. Collins explained how traffic was difficult to estimate for an industrial area unless the specific businesses or offices are knev.~ which a~e locating there. ~s. Huckle suggested that this be considered and ~. Collins replied that it was not part of their planning at this stage, but it is marked for a potential industrial area. ~. Annunziato added that perhaps as it is developed, a traffic impact analysis may be required relating to its impact on the Sandhill development. Chairman Ryder suggested making the Board's recommendations to cover each item a~d they discussed the proper method. Col. Trauger made emotion that the P!annin~ & Zoning Board recommend to the Clt~ Councll t~e accent~ce of ~he SandhilI Project to be deve%0ped by Ri~eco Deveiop~nent Company per their application zor rezoning and reco~mend the rezoning of Sections ~7 & ~$, Township 45 South, Range 43 East,_Tracts A thru H, from R-1AAA to R-1AA, R-3,~CO, C-1, and C 3,subject to those applicable portions of the ~echnicat Review Board's commen~ts,and that the developer consumr~tes agreements with the Palm Beach County School Board to prey!d? a dollar fee based on unit sales p~ice for schools to be built to service this development~ and concerning traffic that the developer~ sign agreements ~ith the City predicated by the traffic analy- sis being forthcoming. ~. Winter seconded ~he motion° -12- A G E I~DA March 7, 1978 V. PUBLIC i~ARI~G: A. REZONING REQUEST: Description: Section 17 & 18, ~ownship 45 South Range 43 East Location: Within the Boundary of the Development Plan of the Sandhill Project, Bounded om the South by the Boynton Canal; on t~e West by Congress; on the North by North city Limits and on the East by Extension of High Ridge Road Applicant: Riteco Development Corporation Our Planning & Zoning Board, at their Regular Meeting of Februa~ 28, 1978, held a Public Hearing on the above request to rezone from R~iAAA and M-1 to R-1AA, R-3, C-l, C-3 and C-0. A motion to approve this request was made by Mr. Trauger ~nd Seconded by Mr. Winter. Unanimous approval was given to rezone as requested subject to: 1. Staff recommendations (attached) 2. Completion of an agreement with the City to provide improvements to the roadway system impacted by this development. 3. Completion of an agreement with the School Board to provide a dollar transfer based on the sales price of the dwelling unit to be utilized for schools for the direct benefit of the Sandhill Development. May I have Council's wishes in this matter please? FK:sr Attachment Frank Kohl City Manager M E M 0 February 14, 1978 TO: Technical Review Board ~'~ROM: General Services - Freddie Patrick SUBJECT: Sand Hill Sub-division - Refuse collection policies All waste for routine collection shall be placed within five feet of pavement to qualify for collection and-shall be so located ~for collection prior to 6:00 AM of scheduled collection day (pref- erably the night before). unit - Non-containerized shall mean use of a stan- . garbage can constructed of light 9~age steel, gat- ed metal or plastic with a tight fitting lid. Multi family units - Containerized shall mean a detachable me~al ~ container designed and intended to be mechanically dumped into a packer type garbage truck and varying in size from 2 cubic yards to 8 cubic yards adaptable to City equipment. an approved waterproof paper or plastic bag to receive the equivilant of 30 gallons of refuse. Residential garbage and light trash will be collected.simul- taneously two times per week. All other refuse such as junk, auto- matic waste, furniture, appliances, etc. will be picked up every other week. Dumping or placing of waste materials in or adjacent to a vacant lot is strictly prohibited by City Ordinance and shall be strictly enforced. If any problems or questions please General Services. 1. DumpSter location 2. Truck turn around 3. Paving width - 12 Ft. Truck heighth clearance - 14 Ft. feel free to call 732-2444 Freddie Patrick Assistant Superintendent General Services FP/lmk: January 10, 1978 TO: Mr. Carmen Annunziato, City Planner FROM: Tom Clark, City Engineer Re: Sandhitl Project In general the design criteria and ass,u~.pti~ns made for the subject report are acceptable.and consistent with City requirements with - respect to minimum street grades, water levels and drainage. Comments concerning the Traffic Study are as follows: 1. Dedication of rights of way and roadwayimprovements will berequired' for Miner Road and for High Ridge Road in accordance with County standards. 2. The four-laning of N.W. 22nd Avenue may he required east of the E-4 Canal predicated on future traffic studies and County requirements. Improvements to Congress Avenue may berequired' by the County based on the' percentage of two-way traffic' generated by Sandhill. 4. Although the report does not preclude that traffic signals may be required at locations other than the several studied I think it should be agreed that the developer will provide the signals at any location within the project when warran- ted based on traffic generated by SandhilI, 5o The Master Plan and report have been presented to the County Engineer. Comments from the County should be Plan.requested and considered prior to approval of the Master Approval of the Master Plan should not preclude that each plat must conform with the subdivision regulations of the City. TAC:mb Tom Clark MEMO RANDUM January 9, 1978 TO: Carmen ~nnunz±atow City Planner RE: Sand Hill Project; Review of Recreation and Open Space Requirements In General, the Sand Hill Project sa%isfac~orily meets the requirements of our Sub-division Ordinance. The following recommendations are presented: 1. Change POD 14 from public open space to private open space. 2. Extend POD 21 to commercial POD's 23 and 24 to provide aesthetic continuity and pedestrian/bicyclist traffic. 3. It is recommended that appropriate landscaping and pedestrian/bicyclist paths in POD 21 be provided by the developer. 4. The City reserves the right Go lake access for the provision of water for the park sprinkler system in POD 11. 5. POD 10, if agreeable with the Fire Departmentw could be reserved for a future Fire-Rescue Sub-Station. CCF:as Charles C. Frederick Recreatio~ Director ISoynton ESeach Police Dept. NOAH E, HUDDLE'STON January 11, 1978 To.' From: Subject: Lt. Dixon Cpl. R. Ferrell-Traffic Sandhill Developement Unit ! haverevrewed' the proposal for Sandhill of Bo~nton Beach and at the present time I can only conceive o6 ore possible prob- lem which has not been adequately planned for. That mould be the placement of a Traffic Light at the intersectio~ o6 N. Seac~es£ Boulevard and NW 22nd Avenue, This particula~ inte~eet~on already proven to be extremely hazardous and will become even so w~th the additional traffic fro~ this dev¢lopeme~t. I mould rongly advise that the proper people be cona~ted ~ith ~egards to this problem. Cpl. ~ll