LEGAL APPROVAL
\
l'
1?9S:.:71
ANNEXA nON AGREEMENT
TIllS ANNEXATION AGREEMENT is made and entered into this // day of .;W/. . 199f
by and between MAURICE EPSTEIN, Trustee, whose address is 575 Boylston Street, Boston,
Massachusetts 02116 (hereinafter referred to as "Owner"); and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 (hereinafter referred to as the "City").
W ITNES E TH:
WHEREAS, certain real property currently located in the unincorporated portion of Palm
Beach County, Florida, owned by the Owner and described in Exhibit "A" attached hereto, is being
considered by the City for annexation into its municipal boundaries; and,
WHEREAS, the Owner has certain valid County land use and zoning approvals; and,
WHEREAS, the City and the Owner have agreed to retain the existing County approvals on
said property and to make City approvals compatible with the existing County approval, and to provide
for an orderly transition of the property from the County to the City.
NOW THEREFORE, the Owner and the City agree to the above recitals and to the following
terms and conditions:
1. REAL PROPERTY SUBJECT TO AGREEMENT. The real property subject to this
Agreement is' described in Exhibit "A" hereto (the "Property").
2. EXISTING ZONING APPROVAL AND LAND USE PLAN DESIGNATION. The
Property is presently zoned in the County as RM-Multifamily Residential and is designated on the
master
County Land Use Plan as HR-8, High Residential 8. The Property has an approved ~plan in the
master
County, having been certified May 11, 1994. The approved:siJie plan reflecting one hundred sixty-four
(164) town house units. is attached hereto and made a part hereof as Exhibit "B".*
3. THE CITY'S ZONING AND LAND USE PLAN DESIGNATION, The City agrees
that in order to allow the Owner to develop the Property in accordance with its existing approval. it
shall be annexed into the City and simultaneously be given the future Land Use Designation of
Moderate Density Residential, and be zoned Residential PUD. Upon approval of this Agreement, the
Exhibit HB" ~a:~Tk shall be deemed to be the approved plan by the City, and the Owner, its
successors and assigns shall have the right to develop in accordance with Exhibit "B".*
4. FUTURE CHANGES TO THE APPROVED PLAN, In the event the Owner chooses
to change the zoning designation for the Property after approval of ~twe tlltR tiHhe City, the Owner
shall be required to follow all procedures set forth in the City's Land Development Code.
5. STATUS OF AGREEMENT. The parties agree and acknowledge that this Agreement
is not a "development agreement" as contemplated by Sections 163.3220 - 163.3243, Florida Statutes,
and that the provisions of said sections are not applicable to this Agreement. The parties acknowledge
and agree that no infinnity or defect in the City's actions described herein shall nullitY or otherwise
affect the annexation of the Premises into the City.
5. AGREEMENT TO RUN WITH THE LAND. It is the express intent of the parties that
this Agreement run with the land, and this Agreement shall inure to the parties, the respective heirs,
legal representatives, assigns and successors in interest, as the case may be.
6, ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties hereto and supercedes all prior understandings, if any. There are no other oral or written
promises, conditions. representations, understandings or terms of any kind as conditions of inducement
[*Exhibit B is Bl, B2 & B3]
2
to the execution hereof, and none have been relied upon by either party. Any subsequent conditions,
representations, warranties or agreements shall not be valid and binding upon the parties, unless they
are in writing and signed by both parties and executed in the same manner as this Agreement.
7. SEVERABILITY. In the event any term or provision of this Agreement shall be held
invalid, such invalid term or provision shall not affect the validity of any other term or provision hereof
and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by
law as if such invalid term or provision had never been a part of this Agreement.
8. EFFECTIVE DATE. This Agreement shall become effective upon its execution by the
City and the Owner and upon the annexation of the Premises into the City.
9. ATTORNEY'S FEES, In the event either party must enforce this Agreement through
legal proceedings, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred.
IN WITNESS WHEREOF the part'
written above.
ATTEST:
CITY OF BOYNTON BEACH. a Florida
municipal corporati
By: if J.
~
~~~~<~<O-
. To Clerk
E. F. Harmening, Ma r
Witnesses:
/ - ~-- . ~
L~u I ~~'-ffiv')TF"
MAURICE EPSTEIN, 'trustee
3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this lL day of JAI'l . , 199!"'by_
EdwAll.1> HAAAIen;ne' ' the KAjOQ.. of the City of Boynton Beach, a Florida municipal corporation,
on behalf of th corporation. He IS personally known to me-or who has produced F10nda Dnver's
License Number
otary Public State of Florida
Notary Print Name:
.JANe.T M. pQP,;n;+b
My CorWrti~~1.I?\r'='-:'~~-:-"::::o''''''''''-;l
ExpiresJ.... ,!. .....;',.~., ,1
1" '.,'" )'"'-'". . ..'." :'.;
,:".,
.
STATE OF t'\"se'C..c~'0S4"*S
COUNTY OF Sv~o\~
The foregoing instrument was acknowledged before me this '<('Clay oi}),C'E''''~:''r, 1994, by
MAURICE EPSTEIN, Trustee, who is personally known to me or who has produced Florida State
Driver's License Number E\J. '3 ~AO - II' '3>\03 0
1--"""
(~ .~
Notary Public State of
Notary Print Name:
\-6-".- ," (' \)~C '1 \-<t..
s</~2"J';."- \\s
My CO~ir~r~7
Expires: \ (
4
EXHmIT "A"
Tracts "A" and "B". SAUSALITO GROVES, Plat Book 60, Page 44 according to the
Public Records of Palm Beach County, Florida, less South 4.30 feet for road right-of-
way.
Containing 31.34 acres more or less, and subject to easements, reservations or rights-
of-way of record, Together with Lawrence Road right-of-way abutting East thereof
and Gateway Boulevard right-of-way abutting South thereof
5
NOTICE OF
MUNICIPAL ANNEXATION
FROM: city of Boynton Beach.
Florida
Please be advised by this notification and attached location map. that
certain lands have been annexed by BOYNTON BEACH, Florida. Information
contained herein is pertinent to the area in question. If additional
mate~ial is required, please contact the office of:
THE CITY PLANNER.
Name of Development/owner:
SAUSALITO GROVES (A.K.A. EPSTEIN PROPERTY)
Ordinance * 94-53
or
special Act of State Legislature I Bill *
Effective Date:
JANUARY 3, 1995
31.34
Sq. Ft.
31. 34
Acres
Area of SUbject property:
Estimated Present Population: 0
Estimated Number of Existing Dwelling Units: 0
Estimated Present Residential Density:
Zoning:p\J!) - planned Unit Density Allowed:
Development
N/A
d.u.' s/acre
7.26
d.u. 's/acre
Existing Type of Development:
Vacant (Annexation Agreement with city to
~P9rove County-approved plan for propet~y. Plan is for 164 townhouse units)
Proposed Type of Development: See note above regarding annexation agreement.
.owner or Petitioner
*county Commissioners
*County Planning, Bldg, Zoning
*Area Plannin9 ~o.rd
*Countywide planning Council
All City Departments
All Utility Compftnies
Chamber of Commerce
Bureau of Census
*County Tax Assessor
*Secretary of State
*Supervlsor of Registration
.Clerk of county Circuit Court
to receive copy of ordinance
Attachment Location Map
*State Beverage Department
*State Department of
Transportation
,.....
. -.po--
'V-j
/~
1c-z-~
I
",v,.......c:. ?___
RESOLUTION NO. ~5-CJ /
;f II- ~
'/P
~~
..1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND MAURICE EPSTEIN, TRUSTEE
FOR ANNEXATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, has determined
that the annexation of the real property referenced below is in the best interest of the
i, City and that the execution of an Agreement setting forth parameters for annexation will
: facilitate the annexation.
'i
, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
, .
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute an Annexation Agreement
between the City of Boynton Beach, Florida and Maurice Epstein, Trustee, a copy of
said Annexation Agreement being attached hereto as Exhibit "A".
Section 2 This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED thls..5 day of ~NUA..e'l . /'9'9.5.
~I~.OF ~OY~NT", B~A?H, FLORIDA
/~-#., '...','~ ",.
'. L.....:,' ,'<""'''~'' 1",
M~y~r' .;- ,
~--" ~//J1~b~
V~
ATTEST:
~~~~'~~.
Clt Clerk
~
.,,~
Mayor Pro Tem
Annexation.AGM
12130/94
'0\
/./
~q'J
ANNEXA nON AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this _ day of
.1994
by and between MAURICE EPSTEIN, Trustee, whose address is 575 Boylston Street, Boston,
Massachusetts 02116 (hereinafter referred to as "Owner"); and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 (hereinafter referred to as the "City").
WIT N ESE T H:
WHEREAS. certain real property currently located in the unincorporated portion of Palm
Beach County, Florida, owned by the Owner and described in Exhibit "A" attached hereto, is being
considered by the City for annexation into its municipal boundaries; and,
WHEREAS, the Owner has certain v,alid County land use and zoning approvals; and,
WHEREAS, the City and the Owner have agreed to retain the existing County approvals on
said property and to make City approvals compatible with the existing County approval, and to provide
for an orderly transition of the property from the County to the City.
NOW THEREFORE, the Owner and the City agree to the above recitals and to the following
terms and conditions:
1. REAL PROPERTY SUBJECT TO AGREEMENT. The real property subject to this
Agreement is described in Exhibit" A" hereto (the "Property").
2. EXISTING ZONING AFPROY AL AND LAND USE PLAN DESIGNATION. The
Property is presently zoned in the County as RM-Multifamily Residential and is designated on the
Djaster
County Land Use Plan as HR.-8, High Residential 8. The Property has an approved me plan in the
County, having been certified May II, 1994. The approved ~~lil reflecting one hundred sixty-four
. (164) town house units. is attached hereto and made a part hereof as Exhibit "B"*
3. THE CITY'S ZONING AND LAND USE PLAN DESIGNATION. The City agrees
that in order to allow the Owner to develop the Property in accordance with its existing approval, it
shall be annexed into the City and simultaneously be given the future Land Use Designation of
Moderate Density Residential, and be zoned Residential PUD. Upon approval of this Agreement, the
Exhibit "B~ ~ ~fa1; shall be deemed to be the approved plan by the City, and the Owner, its
successors and assigns shall have the right to develop in accordance with Exhibit "B"*
4. FUTIJRE CHANGES TO THE APPROVED PLAN. In the event the Owner chooses
to change the zoning designation for the Property after approval or~pralit~ the City, the Owner
shall be required to follow all procedures set forth in the City's Land Development Code,
5. STATUS OF AGREEMENT. The parties agree and acknowledge that this Agreement
is not a "development agreement" as contemplated by Sections 163.3220 - 163.3243, Florida Statutes.
and that the provisions of said sections are not applicable to this Agreement. The parties acknowledge
and agree that no infinnity or defect in the City's actions described herein shall nullify or otherwise
affect the annexation of the Premises into the. City.
5. AGRFF.MF.NT TO RUN WITH THE LAND. It is the express intent of the parties that
this Agreement run with the land, and this Agreement shall inure to the parties, the respective heirs,
legal representatives, assigns and successors in interest, as the case may be.
6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
the parties hereto and supercedes all prior understandings, if any. There are no other oral or written
promises, conditions. representations, understandings or terms of any kind as conditions of inducement
* [Exhibit B is B1, B2 & B3] 2
to the execution hereof, and none have been relied upon by either party. Any subsequent conditions,
.. representations, warranties or agreements shall not be valid and binding upon the parties, unless they
are in writing and signed by both parties and executed in the same manner as this Agreement.
7. SEVERABILITY, In the event any term or provision of this Agreement shall be held
invalid, such invalid term or provision shall not affect the validity of any other term or provision hereof
and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by
law as if such invalid term or provision had never been a part of this Agreement.
8. EFFECTIVE DATE. This Agreement shall become effective upon its execution by the
City and the Owner and upon the annexation of the Premises into the City.
9, ATTORNEY'S FEES. In the event either party must enforce this Agreement through
legal proceedings, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred.
IN WITNESS WHEREOF the parties have executed this Agreement the day and year first
written above,
ATTEST:
CITY OF BOYNTON BEACH, a Florida
municipal corporation
By:
Town Clerk
~
/ . )"; --"
(..A..~ ~"-<..,.o /'~4~ Tfl-~ 'jIE"
MAURICE EPSTEIN; Trustee
3
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of . 1994, by _
. the of the City of Boynton Beach. a Florida municipal corporation,
on behalf of the corporation. He is personally known to me or who bas produced Florida Driver's
License Number
Notary Public State of Florida
Notary Print Name:
My Commission
Expires:
STATE OF l'\,~..s",""_"',-,<,,,,-"'s
COUNTY OF ":, o=-~\ \<..
The foregoing instrument was acknowledged before me this \'i"-day of~C=krl994. by
MAURICE EPSTEIN, Trustee, who is personally known to me or who bas produced Florida State
Driver's License Number ~ I,) 3 -"5 "\ c- \ \ - 3(., ~,-()
~~~~lic\at~~~~\,~~~~~
Notary Print Name:
L^-..... ,t:.. C. - ~,..... '4 \ ~
\
My Commission
Expires: "\,, \" 1
4
EXHmrr "A"
Tracts "AM and "B", SAUSALITO GROVES, Plat Book 60, Page 44 according to the
Public Records of Palm Beach County, Florida, less South 4.30 feet for road right-of-
way.
Containing 31.34 acres more or less, and subject to easements, reservations or rights-
of-way of record. Together with Lawrence Road right-of-way abutting East thereof
and Gateway Boulevard right-of-way abutting South thereof
5
MINUTES - REGULAR CITY CCr"SSION MEETING
BOYNTON BEACH. FLORIDA
JANUARY 3. 1995
Commissioner Katz acknowledges the fact that there is a communication problem
between our Police Department and the targeted community. However, he does not
feel the Department has no credibility. Although Mr. Wrice comes from the
streets, they are not the streets of Boynton Beach; therefore, there are no cir-
cumstances which are special to our City as opposed to any other city. If most
of the money will be funded through the Federal government, Commissioner Katz
feels we should not turn our backs on it.
Mayor Pro Tern Bradley feels the burden of progress in the City belongs in the
neighborhoods. The Police Chief has his hands full when it comes to crime
fighting. He is in favor of this program after hearing the positive report from
the City Manager after she and Police representatives attended the march in
Pompano. He feels the marketing component which will come along with this
program is very positive.
Motion
Vice Mayor Matson moved to approve the "Wrice Process". Commissioner Katz
seconded the motion.
City Manager Parker said the funds will come from the Justice Department and the
Police Department budget. It is anticipated that the Justice Department will
fund 90% of the costs associated with the five to seven days.
The motion carried 5-0.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 094-53 Re: Annexation - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-53 in full.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-53 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
2. Proposed Ordinance No. 094-54 Re: Land Use Element Amend-
ment - Sausalito Groves
Attorney Goren read Proposed Ordinance No. 094-54 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-54 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
- 11 -
MINUTES - REGULAR l--Y COMMISSION MEETING
BOYNTON BEACH, FLOR~
'W
JANUARY 3, 1995
3. Proposed Ordinance No. 094-55 Re: Rezoning - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-55 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No.
final reading. Commissioner Aguila seconded the motion.
polled the vote, which carried unanimously.
4. Proposed Ordinance No. 094-56 Re: Amending Chapter 18
"Investment Policies" for the General Employees Pension
Fund, changing the rating criteria for up to 10% of the
stock portfol i 0
094-55 on second and
City Clerk Sue Kruse
Attorney Goren read Proposed Ordinance No. 094-56 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-56 on second and
final reading. Commissioner Aguila seconded the motion.
Mayor Harmening announced that he will not support this Ordinance because he
does not feel it is in the long-term best interest of the employees to gamble
with even a small portion of their investment.
City Clerk Sue Kruse polled the vote, which carried 4-1. (Mayor Harmening cast
the dissenting vote.)
5. Proposed Ordinance No. 094-57 Re: Code Enforcement changes
to comply with Florida Statutes
Attorney Goren read Proposed Ordinance No. 094-57 by title only.
Maurice Rosenstock. One Villa Lane, questioned whether or not the City assesses
interest when we execute on a lien or when someone pays the penalties due on a
Code Enforcement charge.
Attorney Goren advised that the Statutes, Chapter 162, do not provide for
interest.
Mr. Rosenstock said there is a difference of opinion on whether or not interest
can be charged, and he suggested the City Attorney investigate this situation
further for the City Commission. Attorney Goren said he will respond to the
Commission, but the Statute speaks for itself in the context of whether or not
interest can be charged.
- 12 -
MINUTES - REGULAR CITY car "}SION MEETING
BOYNTON BEACH. FLORIDA
JANUARY 3. 1995
", ~ 1._
3. Proposed Ordinance No. 094-55 Re: Rezoning - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-55 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-55 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
4. Proposed Ordinance No. 094-56 Re: Amending Chapter 18
"Investment Policies" for the General Employees Pension
Fund, changing the rating criteria for up to 10% of the
stock portfolio
Attorney Goren read Proposed Ordinance No. 094-56 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-56 on second and
final reading. Commissioner Aguila seconded the motion.
Mayor Harmening announced that he will not support this Ordinance because he
does not feel it is in the long-term best interest of the employees to gamble
with even a small portion of their investment.
City Clerk Sue Kruse polled the vote, which carried 4-1. (Mayor Harmening cast
the dissenting vote.)
5. Proposed Ord1nance No. 094-57 Re: Code Enforcement changes
to comply with Florida Statutes
Attorney Goren read Proposed Ordinance No. 094-57 by title only.
Maur1ce Rosenstock. One Villa Lane, questioned whether or not the City assesses
interest when we execute on a lien or when someone pays the penalties due on a
Code Enforcement charge.
Attorney Goren advised that the Statutes, Chapter 162, do not provide for
interest.
Mr. Rosenstock said there is a difference of opinion on whether or not interest
can be charged, and he suggested the City Attorney investigate this situation
further for the City Commission. Attorney Goren said he will respond to the
Commission, but the Statute speaks for itself in the context of whether or not
interest can be charged.
- 12 -
MINUTES - REGULAR' 'TV CCM4ISSION MEETING
BOYNTON BEACH. FLO~A
....,
JANUARY 3. 1995
,
.
Commissioner Katz acknowledges the fact that there is a communication prOblem
between our Police Department and the targeted community. However, he does not
feel the Department has no credibility. Although Mr. Wrice comes from the
streets, they are not the streets of Boynton Beach; therefore, there are no cir-
cumstances which are special to our City as opposed to any other city. If most
of the money will be funded through the Federal government, Commissioner Katz
feels we should not turn our backs on it.
Mayor Pro Tern Bradley feels the burden of progress in the City belongs in the
neighborhoods. The Police Chief has his hands full when it comes to crime
fighting. He is in favor of this program after hearing the positive report from
the City Manager after she and Police representatives attended the march in
Pompano. He feels the marketing component which will come along with this
program is very positive.
Motion
Vice Mayor Matson moved to approve the "Wrice Process". Commissioner Katz
seconded the motion.
City Manager Parker said the funds will come from the Justice Department and the
Police Department budget. It is anticipated that the Justice Department will
fund 90% of the costs associated with the five to seven days.
The motion carried 5-0.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 094-53 Re: Annexation - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-53 in full.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-53 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
2. Proposed Ordinance No. 094-54 Re: Land Use Element Amend-
ment - Sausalito Groves
Attorney Goren read Proposed Ordinance No. 094-54 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-54 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
- 11 -
MINUTES - REGULAR CITY Cor-'SSION MEETING
BOYNTON BEACH. FLORIDA
JANUARY 3. 1995
Mayor Harmening pointed out that it is very seldom that the
foreclose a lien on anything but tax money. Mr. Rosenstock
section of the Code which allows the immediate execution on
ability to secure a piece of personal property.
City is able to
said there is a
a lien and the
Attorney Goren explained that this particular Statute relates to Code enforce-
ment. It is very specific and it deals with the City's rights. This Ordinance
codifies the Statutory authority now given.
There was no one else present who wished to speak at the public hearing.
Mot10n
Commissioner Katz moved to approve. Vice Mayor Matson seconded the motion.
In response to Mayor Harmening's question regarding priority, Attorney Goren
said we will still stand in position by priority.
The motion carried 4-1. (Mayor Harmening cast the dissenting vote;)
6. Proposed Ord1nance No. 094-58 Re: Correct scrivener's
error in Ordinance No. 093-71 to amend the year in
Section 18-172 from January I, 1994 to January I, 1993
Attorney Goren read Proposed Ordinance No. 094-58 by title only.
There was no one present who wished to speak at the public hearing.
Mot10n
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-58 on second and
final reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
C. Resolut10ns:
1. Proposed Resolut1on No. R95-1 Re: Authorize execution
of annexat10n agreement between the City of Boynton Beach
and Sausalito Groves
Attorney Goren read Proposed Resolution No. R95-1 by t1tle only.
Mot10n
Vice Mayor Matson moved to approve Proposed Resolution No. R95-1. Mayor Pro Tem
Bradley seconded the motion.
Commissioner Aguila noted that "site plan" was changed to "master plan"
throughout the Resolution. He wondered why that was done. Ms. Heyden advised
that they do not need site plan approval for this project. The next approval
required will be plat approval.
- 13 -
MINUTES - REGULAR_~Y COMMISSION MEETING
BOYNTON BEACH, FLORIDA
~
JANUARY 3, 1995
Attorney Goren advised that the second line of Page 2 has been changed. There
should be a period after the words "town house units". The remainder of that
sentence should be stricken.
City Manager Parker advised that the document will be retyped.
Ms. Heyden said a site plan will be required for the common areas such as the
recreation area. That will be done simultaneously with the plat.
The motion carried unanimously.
2. Proposed Resolution No. R95-2 Re: Ratification of
agreement between the City of Boynton Beach and the
Palm Beach County Police Benevolent Association for
police officers and detectives
Mayor Harmening inquired as to whether or not this ratification includes any
settlement of the lawsuit. Attorney Goren responded negatively.
Mayor Harmening recommended tabling this item until more information is
available.
Motion
Vice Mayor Matson moved to table this item. Commissioner Aguila seconded the
motion, which carried unanimously
3. Proposed Resolution No. R95-3 Re: Authorize and direct
the City Manager to submit to Palm Beach County HOUSing and
Community Development Project applications for funding the
1995/96 Community Development Block Grant (CD8G) Program
consisting of funding for improvements at Ezell Hester Park,
demolition/clearance of property on N.E. 6th Avenue, and
programming support for the Boynton Beach Community Life
Center
Attorney Goren read Proposed Resolution No. R95-3 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Resolution No. R95-3. Commissioner
Katz seconded the motion.
Vlce Mayor Matson complimented staff for bringing Phase III to the Commission at
the time when only Phase I was supposed to be completed according to the Compre-
henive Plan.
Mayor Harmening noted that a large amount was included for the demolition of the
house. He wondered whether we are planning to hire an engineer. City Manager
Parker said that is a standard 10% which has been included for engineering and
contingency.
Mayor Harmening feels this number should be excluded when we make our submission
to the County.
- 14 -
MINUTES - REGULAR CITY Cor-'SSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 3, 1995
Commissioner Katz acknowledges the fact that there is a communication problem
between our Police Department and the targeted community. However, he does not
feel the Department has no credibility. Although Mr. Wrice comes from the
streets, they are not the streets of Boynton Beach; therefore, there are no cir-
cumstances which are special to our City as opposed to any other city. If most
of the money will be funded through the Federal government, Commissioner Katz
feels we should not turn our backs on it.
Mayor Pro Tern Bradley feels the burden of progress in the City belongs in the
neighborhoods. The Police Chief has his hands full when it comes to crime
fighting. He is in favor of this program after hearing the positive report from
the City Manager after she and Police representatives attended the march in
Pompano. He feels the marketing component which will come along with this
program is very positive.
Motion
Vice Mayor Matson moved to approve the "Wrice Process". Commissioner Katz
seconded the motion.
City Manager Parker said the funds will come from the Justice Department and the
Police Department budget. It is anticipated that the Justice Department will
fund 90% of the costs associated with the five to seven days.
The motion carried 5-0.
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 094-53 Re: Annexation - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-53 in full.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-53 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
2. Proposed Ordinance No. 094-54 Re: Land Use Element Amend-
ment - Sausalito Groves
Attorney Goren read Proposed Ordinance No. 094-54 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-54 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried unanimously.
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MINUTES - REGUlAR_~Y COMMISSION MEETING
BOYNTON BEACH, FLUKTUA
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JANUARY 3, 1995
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3. Proposed Ordinance No. 094-55 Re: Rezoning - Sausalito
Groves
Attorney Goren read Proposed Ordinance No. 094-55 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No.
final reading. Commissioner Aguila seconded the motion.
polled the vote, which carried unanimously.
094-55 on second and
City Clerk Sue Kruse
4. Proposed Ordinance No. 094-56 Re: Amending Chapter 18
"Investment Pol icies" for the General Employees Pension
Fund, changing the rating criteria for up to 10% of the
stock portfolio
Attorney Goren read Proposed Ordinance No. 094-56 by title only.
There was no one present who wished to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-56 on second and
final reading. Commissioner Aguila seconded the motion.
Mayor Harmening announced that he will not support this Ordinance because he
does not feel it is in the long-term best interest of the employees to gamble
with even a small portion of their investment.
City Clerk Sue Kruse polled the vote, which carried 4-1. (Mayor Harmening cast
the dissenting vote.)
5. Proposed Ordinance No. 094-57 Re: Code Enforcement changes
to comply with Florida Statutes
Attorney Goren read Proposed Ordinance No. 094-57 by title only.
Maurice Rosenstock. One Villa Lane. questioned whether or not the City assesses
interest when we execute on a lien or when someone pays the penalties due on a
Code Enforcement charge.
Attorney Goren advised that the Statutes, Chapter 162, do not provide for
interest.
Mr. Rosenstock said there is a difference of opinion on whether or not interest
can be charged, and he suggested the City Attorney investigate this situation
further for the City Commission. Attorney Goren said he will respond to the
Commission, but the Statute speaks for itself in the context of whether or not
interest can be charged.
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ORDINANCE NO. 094-~
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EPSTEIN (A.K.A. SAUSALITO
GROVES) PROPERTY (NORTHWEST CORNER OF
LAWRENCE ROAD AND GATEWAY BOULEVARD)
AMENDING ORDINANCE 91-70 OF SAID CITY BY
REZONING CERTAIN TRACTS OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
COUNTY RM (MULTI-FAMILY RESIDENTIAL) TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT;
AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
"
" Beach, Florida has adopted Ordinance No. 91-70, in which a
'! Revised Zoning Map was adopted for said City; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, in accordance with its Annexation Program, is
'simultaneously herewith adopting an Ordinance annexing certain
tracts of land; and
WHEREAS, the City of Boynton Beach, in connection with
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pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of
rezoning certain tracts of land consisting of 31.34 acres
located adjacent to the municipal limits of said City, said
land being more particularly described hereinafter, from RM
" Multi-Family Residential to Planned Unit Development (P.U.D.)
I
L.U.I = 5, which requests that the 31.34-acre tracts be
'I removed from the boundaries of the RM zone to allow for the
processing of the rezoning application;
WHEREAS,
the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA~ THAT:
Section 1. The following described land, located in the
City of Boynton Beach, Florida, to-wit:
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Tracts 'A' and 'B', Sausalito Groves,
Plat Book 60, Page 44. Less South 4.30
feet for Road R/W.
Containing 31.34 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Lawrence Road
R/W abutting east thereof and Gateway
Boulevard R/W abutting South
be and the same is hereby rezoned from RM Multi-Family
Residential (Palm Beach County) to Planned Unit Development,
(City of Boynton Beach) L.U.I = 5, in accordance with the
Master Plan drawings prepared by Kilday & Assoc., #94-16, XR
88-22, last revised 12/13/94, on file in the Planning and
Zoning Department and subject to the conditions listed in
Planning and Zoning Department Memorandum No 94-370 attached
hereto as Exhibit 'A' and made a part of this Ordinance. A
.location map is attached hereto as Exhibit 'B' and made a part
of this Ordinance.
S~r.tion 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly.
S~ct j on 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
. Section 4.
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section s: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be in compliance in accordance with
Chapter 163.3184, F.S.,; or the date a final order is issued
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
,
21 days fOllowing the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit 'C' and made a part
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FIRST READING this
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day of -JkF.4113E1'<?
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SECOND,
FINAL READING and PASSAGE this
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, 1995.
CITY OF BOYNTON BEACH,
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Mayor
FLORIDA
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A:EPSTRZ.ORD
Rev.12/2/94
12130/94
(Annexation Agr)
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REZONING ORl:>INANCE #094-55
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ORDINANCE NO. 094...J~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EPSTEIN (A.K.A. SAUSALlTO
GROVES) PROPERTY (NORTHWEST CORNER OF
LAWRENCE ROAD AND GATEWAY BOULEVARD)
AMENDING ORDINANCE 89-38 OF SAID CITY BY
AMENDING THE FUTURE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND DESIGNATION IS
BEING CHANGED FROM HIGH RESIDENTIAL 8 TO
MODERATE DENSITY RESIDENTIAL; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City commission of the City of Boynton
Florida has adopted a Comprehensive Future Land Use
nd as part of said Plan a Future Land Use Element by
nce No. 89-38 in accordance with the Local Government
hensive Planning Act; and
WHEREAS, certain tracts of land more particularly
bed hereinafter are being annexed by the City in
nce with the application completed by the City for the
of the following property, pursuant to the Annexation
am, by Ordinance being adopted simultaneously herewith;
WHEREAS, the procedure for amendment of a Future Land Use
t of a Comprehensive Plan as set forth in Chapter 163,
a Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
ion deems it in the best interest of the inhabitants of
ty to amend the aforesaid Element of the Comprehensive
adopted by the City herein.
OW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
TY OF BOYNTON BEACH, FLORIDA, THAT:
ection 1: Ordinance No. 89-38 of the City is hereby
d to reflect the following:
at the Future Land Use of the following described land
be designated as Moderate Density Residential.
Said
more particularly described as follows:
Tracts "A" and "B", Sausalito Groves,
Plat Book 60, Page 44. Less South 4.30
feet for Road R/W.
Containing 31.34 acres more or less, and
subject to easements, reservations or R/W
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...
of record. Together with Lawrence Road
R/W abutting east thereof and Gateway
Boulevard R/W abutting South
Section 2: That any maps adopted in accordance with the
Future Land Use Element of said Comprehensive Plan shall be
amended accordingly.
Section 3.
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section s: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184, F.S.,; or the date a
final order is issued by the Administration Commission finding
this amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the amendment.
Once issued, the Notice of Intent shall be
attached hereto as Exhibit "A" and made a part of this
ordinance by reference.
FIRST READING this ~,., day of December, 1994.
SECOND, FINAL READING and PASSAGE this ...5
day of
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N BEACH, FLORIDA
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(Corporate Seal)
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ORDINANCE NO. 094-~
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE EPSTEIN (A.K.A SAUSA~
GROVES) PROPERTY (NORTHWEST~ OF
LAWRENCE ROAD AND GATEWAY BOULEVARD)
ANNEXING CERTAIN UNINCORPORATED TRACTS OF
~HAT ARE CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION OF THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I, SECTION
7 (32) OF THE CHARTER OF THE CITY OF
BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FI,ORTDA
STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton
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!; Beach requires the development of an Annexation Program;
i' WHEREAS, the City of Boynton Beach, through the
,
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Annexation Program, has identified adjacent properties that
City;
are the subjects of agreements for water service with the
WHEREAS, said agreements for water service are also
considered VOluntary petitions for annexation pursuant to
Florida Statutes, which can be executed by the City of Boynton
Beach at any time such properties are eligible for annexation
according to Florida Statut~~;
WHEREAS, the City of Boynton Beach hereby exercises its
option to annex the following tracts of land as hereinafter
described, in accordance with Article I, Section 7 (32) of the
Charter of the City and Section 171.044, and 171.062(2)
Florida Statut~~: and
WHEREAS, said tracts of land lying and being within Palm
Beach County are contiguous to the existing City limits of the
City of Boynton Beach, Florida and will, upon its annexation,
constitute a reasonably compact addition to the City
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territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Se~tion 1: Pursuant to Article I, Section 7 (32) of the
Charter of the City of Boynton Beach, Florida and Section
171.044,
Florida
StAtutes,
the
following
described
unincorporated and contiguous tracts of land situated and
lying and being in the County of Palm Beach, Florida, to wit:
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Tracts "A" and "B", Sausalito Groves,
Plat Book 60, Page 44 according to the
public records of Palm Beach, Florida,
less South 4.30 feet for Road R/W.
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Containing 31.34 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Lawrence Road
R/W abutting east thereof and Gateway
Boulevard R!W abutting South thereof.
are hereby annexed to the City of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City with
!. the same force and effect as though the same had been
originally incorporated in the territorial boundaries thereof.
Section 2. That Section 6 and 6(a) of the Charter of the
City of Boynton Beach, Florida, is hereby amended to reflect
the annexation of said tracts of land more particularly
described in Section 1 of this Ordinance.
Section 3:
That by Ordinances adopted simultaneously
herewith, the proper City zoning designation and Land Use
category is being determined as contemplated in Section
171.162(2) Florida Statutes.
Section 4:
All ordinances or parts of ordinances 1n
conflict herewith are hereby repealed.
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until the
same has been advertised for two (2) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach,
Florida, as required by the City Charter and Section 171.044,
Florida Statutes.
Section 7: The effective date of this Ordinance shall be
il the date
a
final
order
is
issued by
the
Department
of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be in compliance in accordance with
Chapter 163.3184, F.S.,; or the date a final order is issued
'!
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit "A" and made a part
.of this ordinance by reference.
Section 8, Specific authority is hereby given to codify
this Ordinance.
Section g:
This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
. FIRST READING this d'~ day of ~ae-m.aE-'?
1994.
SECOND, FINAL READING and PASSAGE this
..:J;iNU /1/( 'I , /97' s:
s
day of
il-' ~~{~:::;~~, FLORIDA .
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ATTEST:
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(Corporate Seal)
: EPSTAX .ORC
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ANNEXATION
ORDINANCE #094-53
PAl11 BEACH CO~rY PROPERTY CONTROL # 00-42-45-13-07-001-0000 &
# 00-42-45-13-07-002-0000
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MINUTES - REGUlAR CITY ca SSION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 20, 1994
Tambri Heyden, Planning and Zoning Director, made the presentation. She
explained that the utility easement runs beyond the limits of this project. It
runs north to the multi-family planned portion, and east to the existing and new
lift station. There are some conditions from staff which include relocation of
the force ma in.
louis Cempanelli. representing CCl Consultants, was present to address any con-
cerns.
Motion
Commissioner Katz moved to approve the request for abandonment of a twelve foot
(12') wide utility easement that runs approximately 200 feet east of and along
SW 8th Street. Vice Mayor Matson seconded the motion, which carried unanimous-
ly.
Annexation provr.. Application '3
Epstein Property (aka Sausalito Groves)
Maurice Epstein, Trustee
31.34 acres at the northwest corner of
Lawrence Road and Gateway Boulevard
LAND USE ELEMENT AMEMDMENT/REZONING:
Request to show annexed land as Moderate
Density Residential and rezone from RM
(Multi-family Residential Medium Density)
in Palm Beach County to PUD, Planned Unit
Development
Tambri Heyden, Planning and Zoning Director, made the presentation. This item
has been on the table for a few months. It was part of the City's Phase II,
Group I Annexation Program which appeared before the Commission in June, 1994
for transmittal to DCA. When it came back from the State and it was scheduled
for first reading of the Ordinances, the applicant stated that he was not in
favor of the R-1 zoning designation which was being proposed. They had a County
master plan approval for a duplex project of 167 units. The R-1 zoning district
would not allow duplexes. That zoning district was selected so that the density
they were proposing was consistent with the zoning it was advertised for. The
only zoning district which would allow this type of project was PUD.
C. Project Name:
Owner:
Location:
Description:
.
Since then, staff has been working with the applicant. Ms. Heyden analyzed the
differences between the City's zoning regulations and the County's regulations.
PUD does not require minimum lot size or setbacks. The minimum lot size pro-
posed is 4,400 square feet. The minimum lot size approved to date by the City
is 4,000 square feet for attached .Z. lot line units. The City's duplex zoning
Code requires a 4,500 square foot lot.
The front building setback proposed for Sausalito Groves is 15'. The minimum
side setback is 7.5' and the rear, for screen enclosures, is no less than 5'.
These setbacks are compatible with what has been allowed in the City for other
communities such as Boynton Nurseries.
- 13 -
MINUTES - REGULAR CITY COM 'SION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 20, 1994
Our PUD regulations have some requirements regarding setbacks for the PUD peri-
meter lots. Those setbacks must comply with setbacks of the abutting zoning
district. The master plan complies with that requirement with two exceptions;
on the west PUD boundary abutting the Royal Manor Mobile Home Park where the
rear setback is 25'and Sausalito Groves which is only 15'; and on the southeast
boundary abutting the homes on Floral Drive.
The applicant meets the criteria for five amenities. This will be geared toward
an adult community. They are willing to pay the City's recreation fee which is
the fee which will be set upon plat approval. Th?t fee will be equivalent to
1.48 acres.
Parking is required for the recreation area. They are one parking space short
of the requirement. The streets are private and they are 50' wide. The minimum
street pavement width they are proposing is 20'. The City's minimum requirement
is 22'. The applicant is proposing sidewalks on Lawrence Road and Gateway
Boulevard and along the local streets within the project.
With regard to traffic, when this project went through the County process, they
did not require any road improvements such as turn lanes. Staff recommends the
same requirements hold true for the City.
The applicant is proposing landscape buffers around the entire community peri-
meter which varies from 5' to 20'. These buffers are being treated as ease-
ments. The buffer area easement is not separate from the required setback.
.
Staff recommends approval of this master plan as presented subject to minor com-
ments found within the staff report. The applicant is agreeable to the com-
ments.
Vice Mayor Matson pointed out that a small enclave will be established as a
result of this project. She asked for clarification on whether or not we will
experience problems with the County when attempting to annex this enclave. Ms.
Heyden explained that when staff previously brought a phase of the annexation
program to the Commission, this enclave was part of that phase.
In response to Commissioner Katz' question, Ms. Heyden advised that 164 units
are proposed in this project.
Commissioner Katz supports this proposal but is concerned about the privacy of
the large properties which are on the southeast. He would like to see this
issue addressed since he would not like to see a school of homes overlooking the
back yards of the homes on Floral Drive. He recommended reducing the density or
increasing the setback in that area.
Motion
Vice Mayor Matson moved to approve Annexation Program Application #3, Epstein
Property, request to show annexed land as Moderate Density Residential and
rezone from RM (Multi-Family Residential Medium Density) in Palm Beach County to
PUD, Planned Unit Development.
- 14 -
MINUTES - REGUlAR CITY cn 'SSION MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 20, 1994
Commissioner Aguila seconded the motion.
Commissioner Katz asked Vice Mayor Matson if she would include his comments in
the motion. Vice Mayor Matson added, "subject to staff comments".
Paul FenniQer. 4085 Floral Drive. feels there are too many properties facing the
homes on Floral Drive. He feels there should be a much larger buffer zone since
the lots in his area are ~ acre lots. The number of units being placed' on 33
acres is horrible.
Linds~ Walter, Kilday and Associates. said the proposed density of this project
is 5. units per acre which is what is currently approved by the County. The
proposed land use allows up to 7.26 dwelling units per acre. Mr. Walter stated
that the applicant is in agreement with the conditions proposed including pro-
viding 22' wide internal streets.
Commissioner Katz pointed out that after dedications, the density will be closer
to eight (8) units per acre. Mr. Walter agreed with this remark.
Jeff Bennett. 4039 Floral Orive. expressed concern about his one-acre property.
He is worried about what will happen to the entrance when the Gateway Boulevard
widening takes place. He further pointed out that there is an elementary school
just north of this location. Mr. Bennett also expressed concern with the
"sardine" effect this project will have on the community.
THERE W~S NO ONE ELSE WHO WISHED TO SPEAK ON THIS PROJECT.
The motion carried 3-1. (Commissioner Katz cast the dissenting vote.)
VII. PUBLIC AUDIENCE:
This item was dealt with earlier in the meeting. '
VIII. DEVELOPMENT PLANS:
A. CONSENT AGENDA - Unanill10usly Approved by Planning' Development Board
1. Project Name: CUrus Puk PUD
Owner: Rafael Saladrigas, Val-Sal Investment Company,
Inc.
Location: East side of Lawrence Road, approximately 1.750
feet north of Gateway Boulevard (NW 22nd Avenue)
DESCRIPTION: TIME EXTENSION: Request for a fifth time
extension for six months to concurrency
exemption and to filing a final plat
Motion
Commissioner Aguila moved to approve the fifth time extension for six months to
June 4, 1995 to Citrus Park PUD. Commissioner Katz seconded the motion, which
carried 3-1. (Mayor Harmening cast the dissenting vote.)
- 15 -
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MINUTES - RFl'iULAR CITY COM. ,SION MEETING
BOYNTON BEACH. F~.~.m,ll.
DECEMBER 20. 1994
a true statement. Sgt. McGowan said there were dozens of questionable tickets
when he went through the paperwork for the initial probation period. This
ticket is the only one he has looked at since that time.
In response to Commissioner Katz' question, Mr. McGeehan said he currently has
two trucks. Commissioner Katz said Mr. McGeehan was caught overcharging every-
one except City vehicles. This is what caused his probation. The first time
is "shame on him", but the second time is "shame on us". Commissioner Katz does
not believe Mr. McGeehan has performed up to contract and his participation
should be revoked.
The motion failed 2-2. (Mayor Harmening and Vice Mayor Matson cast the
dissenting votes.)
Vice Mayor Matson urged Mr. McGeehan to "clean up his act".
In response to Commissioner Aguila'S question, Mr. Hawkins said the second pro-
bationary period was over on October 10, 1994; however, Mr. McGeehan has not
been released from probation since all conditions have not yet been met to the
City'S satisfaction.
x. LEGAL.:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 094-52 Re: Amending Chapter 18
"Investment Policies" for the Fire Pension Fund, changing
the rating criteria for up to 10% of the stock portfolio
Attorney Cherof read Proposed Ordinance No. 094-52 by title only.
There was no one present to speak at the public hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-52 on second and
final reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse
polled the vote, which carried 3-1. (Mayor Harmening cast the dissenting vote.)
B. Ordinances - 1st Reading:
1. Proposed Ordinance No. 094-53 Re: Annexation - Sausalito
Groves
Attorney Cherof read Proposed Ordinance No. 094-53 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-53 on first
read i ng. Commi ss i oner Aguil a seconded the mot ion'. Ci ty Cl erk Sue Kruse po 11 ed
the vote. which carried unanimously.
- 22 -
MINUTES - REGUlAR CITY C~ ;SION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 2D. 1994
2. Proposed Ord1nance No. 094-54 Re: Land Use Element Amend-
ment - Sausalito Groves
Attorney Cherof read Proposed Ordinance No. 094-54 by title only.
Motion
Vice Mayor Matson moved to approve proposed Ordinance No. 094-54 on first
reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled
the vote, which carried unanimously.
3. Proposed Ordinance No. 094-55 Re:' Rezoning - Sausalito
Groves
Attorney Cherof read Proposed Ordinance No. 094-55 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-55 on first
reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled
the vote, which carried unanimously.
4. Proposed Ordinance No. 094-56 Re: Amending Chapter 18
"Investment Policies" for the General Employees Pension
Fund, changing the rating criteria for up to 10% of the
stock portfolio
Attorney Cherof read Proposed Ordinance No. 094-56 by title only.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-56 on first
reading. Commissioner Katz seconded the motion.
Mayor Hannening said that in light of market conditions and Orange County,
California, he is not in favor of this Ordinance and will not support it.
City Clerk Sue Kruse polled the vote, which carried 3-1. (Mayor Hannening cast
the dissenting vote.)
5. Proposed Ord1nance No. 094-57 Re: Code Enforcement changes
to comply with Florida Statutes
Attorney Cherof read Proposed Ordinance No. 094-57 by title only.
Commissioner Aguila questioned the language in this Ordinance which states that
a local government shall be entitled to recover fees, expenses, etc. He feels
this can become very nasty when a person feels he was cited for a violation he
was not guilty of and has a legitimate issue to discuss with the Board. If that
person loses his case, he will be penalized twice.
- 23 -
MINUTES - REGULAR CITY ~ ;SION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 20. 1994
Commissioner Aguila inquired as to whether or not a
whereby "when properly justified by the Commission,
fees.
provision could be added
the Ci ty may" recover those
Mayor Harmening stated that the City Commission can abate any of the fines.
Vice Mayor Matson feels this has come forward to change our Code Enforcement
laws to comply with Florida Statutes, but we can continue to operate as'in the
past. In the end, the City Commission makes the final decision.
In Mayor Harmening's opinion, this is another money-grabbing attempt by staff.
City Manager Parker explained that the City Attorney brought this issue before
the City Commission. It was not a staff recommendation.
Attorney Cherof advised that the State Statute was amended to allow recovery of
these costs if we prevail in court. In order to recover expenses, this must be
incorporated in our Code. However, the City is not mandated to collect that
money.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-57 on first
reading. Commissioner Katz seconded the motion. City Clerk Sue Kruse polled
the vote, which carried 3-1. (Mayor Harmening cast the dissenting vote.)
6. Proposed Ordinance No. 094-58 Re: Correct scrivener's
error in Ordinance No. 093-71 to amend the year in
Section 18-172 from January I, 1994 to January I, 1993
Attorney Cherof read Proposed Ordinance No. 094-58 by title only.
Motion
Commissioner Katz moved to approve Proposed Ordinance No. 094-58 on first
reading. Commissioner Aguila seconded the motion. City Clerk Sue Kruse polled
the vote, which carried unanimously.
Motion
C. Resolutions:
1. Proposed Resolution No. R94-208 Re: Declaring the public
necessity of acquiring four (4) parcels of property for
the expansion of facility with the School Board of Palm
Beach County
Attorney Cherof read Proposed Resolution No. R94-208 by title only.
Commissioner Katz moved to approve Proposed Resolution No. R94-208. Vice Mayor
Matson seconded the motion, which carried unanimously.
- 24 -
,
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NOTICE OF CHANGE
PLEASE NOTE THAT THIS NOTICE IS SLIGHTLY
DIFFERENT FROM THE VERSION SENT TO YOU
IN APRIL. WHEREAS THE ORIGINAL NOTICE
INDICATED THE PROPOSED ZONING TO BE R-1
SINGLE FAMILY RESIDENTIAL, THE PROPOSED
ZONING HAS BEEN CHANGED TO PUD (PLANNED
UNIT DEVELOPMENT). THIS CHANGE WILL BE
CONSIDERED BY THE CITY COMMISSION AT
ONLY ONE PUBLIC HEARING TO BE HELD ON
DECEMBER 20, 1994 (SEE NOTICE FOR
LOCATION AND TIME).
NOT ICE
C I T Y 0
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L I
Z 0 N I N G C H
BOY N TON B E
C H EAR I N G S
A N G E
A C H
In connection with the City's Annexation Program, the city of
Boynton Beach proposes to annex, change the use of land, and rezone
the property indicated on the map below. A public hearing on these
proposals will be held before the City Commission on December 20,
1994 at 7:00 P.M. or as soon thereafter as the agenda permits, at
Ci ty Hall in the Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
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OLD BOYNTON ROAD
APPLICATION ~3 - EPSTEIN PROPERTY
LEGAL DESCRIPTION:
Maurice Epstein, Trustee
Residential
31.34 acres of property at the northwest
corner of Lawrence Road and NW 22nd Avenue
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
PETITIONER:
PROPOSED:
LOCATION:
REQUEST:
ANNEXATION:
AMEND FUTURE LAND USE PLAN:
From - HR8 High Residential 8 (county}
To - Moderate Density Residential (City)
REZONE:
From - RM-SE Multi-Family Residential-Special
Exception (County)
To - PUD Planned Unit Development (City}
REQUEST:
REQUEST:
ALL INTERESTED PA~TIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTi)RNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH R~SPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS
WILL NEED TO ENSGRE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED.
PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
SUZANNE M. KRUSE
CITY CLERK
A: P2G1IPS2 .AD
MINUTES - REGULAR CITY ~ISSION MEETING
BOYNT~ BEACH, FLORIDA
DECEMBER 6, 1994
minium unit. There is no parking or sidewalks on Jrd Street. Last year, 3rd
Street was barricaded from Boynton Beach Boulevard. However, the spectators
drove around the barricades through the parking lot at the 400 Club. They came
in through the alley, which starts on 1st Avenue by the Fire Department and ends
on Jrd Street. On the Monday after the parade, the City picked up all the trash
on City property. However, they did not pick up the trash on private property.
Commissioner Katz asked Chief Dettman if anything can be done to solve some of
these problems. Chief Dettman stated that this is such a labor intensive
situation that the expenditure of City funds for overtime could become prohibi-
tive if we were to attack it agressively.
City Manager Parker advised that the street sweeper immediately starts on
Sunday. It goes on every street in the entire area where the parade has
traversed, and on the side streets. A hand crew then goes through and picks up
any trash in the swales and yards because the City assumes that any trash there
was generated by the parade. City Manager Parker said she personally drives the
area within two hours after the parade, before dark, to be sure that the trash
is picked up. If it is not. she calls the trash crew back to clean it up Sunday
night. The trash is not left there until Monday. Mr. and Mrs. Cox advised that
there was trash in the buildings and on second floor balconies. City Manager
Parker advised that the City does not go into buildings or on second floor
balconies.
Commissioner Aguila asked what damage to property and landscaping has been
reported to the City. City Manager Parker advised that no official claims have
ever been filed for broken windows or anything else.
X. LEGAL
A. Ordinanees - 2nd Reading - Publie Hearing
None.
B. Ordinanees - 1st Reading
1. Proposed Ordinanee No. 094-38 Re: Annexation - Sausalito Groves
TABLED
This item was stricken from the agenda.
2. Proposed Ordinance No. 094-39 Re: Land Use Element Amendment -
Sausal1to Groves...........................................TABLE0
This item was stricken from the agenda.
J. Proposed Ordinance No. 094-40 Re: Rezoning - Sausalito Groves
TABLED
This item was stricken from the agenda.
- 14 -
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category and C-3 Community Commercial zoning district. The s~te is
fairly well-buffered from surrounding residences, the closest of which
will lie over 500 feet to the west. The intervening property is
occupied by a lake and golf course. Because of these two factors--the
long-run demand for the commercial acreage and the d~stance from
ex~st~ng and future residences, it is recommended that commercial land
use and zoning remain. However, due to the low average density of
surround~ng residential proJects, the presence of shopping centers 2 1/2
mile::: to the north and 1 1/2 miles to the sO'lth, and the lack of an
east-west thoroughfare, this site would be more suitable for office use
as opposed to retail use. Office use would also create fewer impacts on
the adjaoent P.U.D. and the City park which lies to the north;
therefore, it is recommended that this parcel be placed in the offlce
Commercial land use category. It is also recommended that buffering
measures be employed in the development of this property, including
vegetative screening and directed lighting.
S.i. UnincorDorated Parcels alono Barwick Road
These two parcels, abutt~ng the southwest corner of Hunters' Run, should
be annexed and placed in a Low Dens~ty Residential land use category.
These parcels should not be annexed, however, unless most or all of the
properties lying west of Barwick Road are annexed.
S.J. Vacant Parcels at Northern End of Bovnton Commercenter
Deleted
PLANNING AREA 9--RE~~INDER OF RESERVE ANNEXATION AREA AND UTILITY
SERVICE AREA
The San~tary Sewer, Solid Waste, Drainage, and Potable Water Element of
this report recommends that densities in this area be limited to the
m~dpo~nt of the density range shown on the current (i.e., 19S7) Palm
Beach county Land Use Plan, for parcels which are currently zoned
agricultural, and that the densities of existing approved developments
not be increased. For parcels in the county's Low-Medium Density land
use category (3-5 dwellings per acre), which comprises most of the
agriculture-zoned land, the midpoint of the density range would be 4
dwellings per acre. Those parcels along the west side of Lawrence Road,
north of Old Boynton Road which are in the County's Medium-Medium H~gh
Density land use category (S-12 dwellings per acre) should be limited to
5 dwellinas Der acre, however, in order to prevent land use conflicts
with the surrounding low-density projects. These land use controls are
necessary to ensure that water supply and treatment capacity will be
adequate to serve all development in the City's service area, and ensure
that sewage flows do not exceed the ultimate capacity of the reg~onal
wastewater treatment plant. Lower densities (1 to 3 dwellings per acre:
may be necessary in some portions of the unincorporated area, in order
to accommodate and protect large-lot Single-family dwellings.
Furthermore, the City should not permit densities which are higher than
101
those which are allowed by the Palm Beach county Comprehensive Plan.
The City should annex properties west of Lawrence Road only if
annexatlon would be consistent with Florida Statutes, and the properties
could be efficiently served. Palm Beach county recently has been
considering relinqUiShing to cities the control of unincorporated areas
in which cities provide urban services. If these areas are to be
annexed, as part of a county-wide policy concerning annexation and the
provlslon of urban services, then the City of Boynton Beach should
consider annexing those areas, up to the E-3 Canal, which are in ~ts
Reserve Annexation Area, except, possibl~, those areas which are
currently served by Palm Beach county Utilities. The City should also
consider annexing those areas within the southwestern portion of ~ts
service area for which the City provides utility services, but which are
not in lts reserve annexation area.
In the interim, It is recommended, that water service agreements for
parcels within this area contlnue to include an annexation clause, so
that annexation applications can be reviewed on a case-by-case basis.
It is also recommended that the City not provide water service to urban
development, which should generally include all commercial, industrlal,
and lnstitutional use, and residential development over 1 dwelling per
acre (net density), unless connection is also made to the central sewer
system. Any water service agreement for residential densities at or
below 1 unit per acre should contain guarantees that this density cannot
be lncreased without connection to the central sewer system.
Furthermore, the City should have the option of requiring connectlon to
the central sewer system at any density if septic systems would rlsk
contaminating groundwater or surface water. Since septlc tank
pollution is a problem in this area, the City should attempt to provlde
both water and sewer service to properties which are currently on well
and septic tank, where such properties can be served efficiently. The
City should consider placing these properties in a special assessment
district, if annexed, or make a similar arrangement with Palm Beach
county until the time that annexation occurs.
Since there is a strong possibility that all of the area east of the E-3
Canal may be annexed by the City, the City should continue to reVlew
land use and rezoning applications in this area, and provide comments to
Palm Beach county concerning land use compatibility, impacts on
infrastructure and environmental resources, and compliance with the
City's development standards and policies.
102
MEMORANDUM
OFFICE OF THE CITY CLERK
TO: Ms. Tambri Heyden
Planning & Zoning Director
DATE: November 30, 1994
FROM: Sue Kruse
City Clerk
RE: Notice of Hearing
Attached please find a copy of the Notice of Hearing for the Land Use
Change submitted by Maurice Epstein for Sausalito Groves. This appli-
cation has been scheduled for the December 20 City Commission meeting.
The notice was mailed to the applicant and property owners within 400
feet on November 28. The ad will appear in the Boynton Beach News on
December 2 and 13, 1994.
~ )LL.LJ~~
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Attachment
cc: City Manager
00
NOTICE OF LAND
NOTICE OF
USE CHANGE
ZONING CHANGE
The city of Boynton Beach proposes to annex, change the use of
land, and rezone the area shown on the map in this advertisement.
A public hearing on these proposals will be held before the city
Commission on December 20, 1994 at 7:00 P.M or as soon thereafter
as the agenda permits. This public hearing will be held in the
city Commission Cnambers in the City of Boynton Beach City Hall at
100 East Boynton Beach Boulevard, Boynton Beach, Florida.
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OLD BOYNTON ROAD
EPSTEIN PROPERTY (A.K.A. SAUSALITO GROVES)
PETITIONER:
LOCATION:
Maurice Epstein, Trustee
31.34 acres at the northwest corner of
Lawrence Rd and NW 22nd Avenue (Gateway Blvd.)
ANNEXATION: Ordinance No. 094-38 (proposed)
AMEND FUTURE LAND USE PLAN:
From - HR/8 High Residential 8 (County)
To - Moderate Density Residential (City)
REZONE:
From - RM-SE Multi-Family Residential (County)
To - PUD Planned Unit Development (City)
REQUEST:
REQUEST:
REQUEST:
A copy of the app:ications for annexation, land use plan amendment,
and rezoning, and the legal descriptions are available for review
by the public in the Planning and Zoning Department and in the
Office of the City Clerk.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning and Development Board and City
Commission with respect to any matter considered at these meetings
will need a record of the proceedings and for such purposes, 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.
SUZANNE
CITY OF
)ICMC!AAE
M. KRUSE, CITY CLERK
BOYNTON BEACH, FLORIDA
AHZ2:['STNEWI,AD
PUBLISH: BOYNTON BEACH KEWS
DECEMBER 2 and 13, 1994.
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office of the city Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
PLANNING AND ZONING
PREPARED BY:
M. RUlo1:rr
DATE PREPARED:
ll.{28.,L 9 4
BRIEF DESCRIPTION OF NOTICE OR AD: REVISED AD FOR ANNEXATION,
LAND USE ELEMENT AMENDMENT AND REZONING FOR APPLICATION #3 -
EPSTEIN PROPERTY.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, section Placement, Black Border, etc.)
THE AD MUST NOT OCCUPY LESS THAN ONE-QUARTER OF A STANDARD
NEWSPAPER PAGE. THE HEADLINES MUST BE NOT LESS THAN 18 POINT
LETTER SIZE. PLACE AD IN "LOCAL NEWS" SECTION AND NOT IN THE
CLASSIFIED SECTION OR LEGAL SJ>C'l'.lON. U' A!) .lS Hl:;VUC-"ilJ, ONL! K-"ilJuCE
SEND COPIES OF AD TO: TEXT, NOT MAP OR HEADLINE.
NEWSPAPER, ATTORNEY, PLANNING AND ZONING DEPT.
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE
PUBLISHED:
THE NEWS
CITY CLERK WILL ESTABLISH DATES
APPROVED BY: r-
(11 ~-ff,4utdi'/
epartment He )
l:i:j1<f-
(2 )
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF
NOTICE OF
LAND USE CHANGE
ZONING CHANGE
The city of Boynton Beach proposes to annex, change the use of
land, and rezone the area shown on the map in this advertisement.
A public hearing on these proposals will be held before the City
Commission on December 20, 1994 at 7:00 P.M or as soon thereafter
as the agenda permits. This public hearing will be held in the
City Commission Chambers in the City of Boynton Beach City Hall at
100 East Boynton Beach Boulevard, Boynton Beach, Florida.
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OLD BOYNTON ROAD
EPSTEIN PROPERTY (A.K.A. SAUSALITO GROVES)
PETITIONER:
LOCATION:
Maurice Epstein, Trustee
31.34 acres at the northwest corner of
Lawrence Rd and NW 22nd Avenue (Gateway Blvd.)
ANNEXATION: Ordinance No. 094-38 (proposed)
AMEND FUTURE LAND USE PLAN:
From - HR/8 High Residential 8 (County)
To - Moderate Density Residential (City)
REZONE:
From - RM-SE Multi-Family Residential (County)
To - PUD Planned Unit Development (City)
REQUEST:
REQUEST:
REQUEST:
A copy of the applications for annexation, land use plan amendment,
and rezoning, and the legal descriptions are available for review
by the public in the Planning and Zoning Department and in the
Office of the City Clerk.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning and Development Board and City
Commission with respect to any matter considered at these meetings
will need a record of the proceedings and for such purposes, 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.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
ANX2:!P8~H.W8.AD
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NOT I
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In connection with the City's Annexation Program, the City of
Boynton Beach proposes to annex, change the use of land, and rezone
the property indicated on the map below. A public hearing on these
proposals will be held before the Planning and Development Board on
June 14, 1994, at 7:00 P.M. at City Hall in the Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
A public hearing will also be held before the City Commission on
June 21, 1994 at 7:00 P.M. or as soon thereafter as the agenda
permits, at City Hall in the Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida.
;Verft= ~ pf/~
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APPLICATION #3 - EPSTEIN PROPERTY
LEGAL DESCRIPTION:
Maurice Epstein, Trustee
Residential
31.34 acres of property at the northwest
corner of Lawrence Road and NW 22nd Avenue
complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
PETITIONER:
PROPOSED:
LOCATION:
REQUEST:
REQUEST:
ANNEXATION:
AMEND FUTURE LAND USE PLAN:
From - HR8 High Residential 8 (County)
To - Moderate Density Residential (City)
REZONE:
From - RM-SE MUlti-Family Residential-special
Exception (County)
To - R-1 single Family Residential (City)
REQUEST:
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 (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
SUZANNE M. KRUSE
CITY CLERK
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AGREEMENT FOR WATER SERVICE OUTSIDh THE CITY LIMITS
, ., ,- I
This agreement, made on this ~ day of ',''''1'1'')'7/ /'f;:.r
1 ..' d ;
9~ by an between ::rOSE!>'" A. PALE1<.mo 01-' m~lARlc1> e\>S'TElf\ .TlZlr..T6E'$
~ereinafter called the CUSTOMER, and the CITY OF BOYNTON BEACH, a I
~unicipa1 corporation of the State of Florida, hereinafter called
the CITY.
,
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, installation, and inspection of the facilities
as required by the City Code to provide service to the CUSTOMER'S
premises. The CUSTOM8R shall be reuponsib1e fOl~ instal1.at:i nn >Inn.
conformance with all applicable codes, rules and regulations of
ail !H:n:."ice l:Lnes Lll'on L.!l<= I,,;U,,'HI!'I';;K; b premises ddU aLL sue;t, L:Lnes
shall first be approved by the Director of utilities and subject
to inspection by the City Engineers. The CITY shall have the
option of either requiring the CUSTOMER to perform the necessary
work or the CITY may have such work performed in which case the
CUSTOMER will pay in advance all estimated costs thereof. In the
event the CITY has such work performed, the CUSTOMER will also
advance such additional funds as may be necessary to pay the tota.
actual costs.
2. Any main extension made under this Agreement shall be
used only by the CUSTOMER, unless permission is granted by the
City of Boynton Beach for other party or parties to so connect
pursuant to the Code of the City of Boynton Beach.
3. Title to all mains, extensions and other facilities ex-
tending from the City water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rCltcs for G'~rvice and equipment in connection with water service
outside the City limits applicable under City Ordinances and rate
schedules which are now applicable or as may be changed from time
to time.
5. Any rights-of-way or easements necessary shall be provid-
ed by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors
and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from a surplus. If a
surplus does not exist at the time of CUSTOMER'S actual request
for commencement of service, as determined by the City's Director
of Utilities, then the CITY without liability may refuse to
initiate service to the subject premises.
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7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this Agreement is considered a voluntary petition fo,
annexation pursuant to Section 171.044 of the Florida Statutes or '
any successor or amendment t.hereto. Furthermore, should any othe . ;
general law, special act, or local law be enacted which provides a
for voluntary or consensual annexation this Agreement shall also "'
be considered a petition and request for annexation under such
other laws. The premises shall be subject to annexation at the
option of the CITY at any time they are eligible under anyone or
more of the above referenced laws concerning annexation.
(1)
NITNESS:
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ot Boynton Beach
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST: ...J;.?ete/, ,/">-[,,"7(;L.,
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3TATE OF FLORIDA
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly
auth0r.:i.zad in the Sta'te aforesaid and in t.he CoanLy d[O:Lc8ald Lv
take acknowledgements, personall~ apfeared JAMES R. WARNKE
, Mayor and B TY . EDRONI ,City Clerk
well known to me to be the Mayor and City Clerk
respectively of the City named in the foregoing agreement and
that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said City and that the City seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State la, .
. .,' ":""'iaroresaid this 6th day of September , 1983.
;:~:'0~,,~;i~;,y Sed' ~ 9aL,J~h'--
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My Commiuion bpi". Oct. 29. 1986
Approved as to form:
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City Attorney
iption Approved:
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City Engineer
STATE OF \="Lu[L\II')!\
COUNTY OF \) A L:(",-, \~ c iA. r r\
I HEREBY CERrIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in . -county aforesaid to take acknowledganents, per-
sonally appeared ::1 [) ') E !' H PI. P 11l f'IL ,1)'\0 , to me known to be the person
described in and who executed the foregoing instrument and acknowledged before
me that ~'E executed the same.
J,~ 'I; '. WITNESS my hand and official seal
: :".:;. this.-, 11-- 'day of \~ ',q"" -+- ,] 983.
FOR INDIVIDUAL(S) NOI'ARIZATION:
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in the Cbunty and State last afore sa'
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