LEGAL APPROVAL
ORDINANCE NO 0 oo-~
AN ORDINANCE OF THE cm COMMISSION OF
THE cm OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF ALTMAN...
DEVELOPMENT CORPORATION, AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONING
A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
COMMUNITY COMMERCIAL TO MULTI-FAMILY
RESIDENTIAL (R-3), 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, Chris Kerr/Kilday & Associates, Inc., as agents for the
owner of the property more particularly described hereinafter, has heretofore
filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a
certain tract of land, said land being more particularly described hereinafter,
from C-3 Community Commercial to R-3 Multi-Family Residential, and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as
hereinafter set forth
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The following described land, located in the City of
Boynton Beach, Florida as set forth as follows
See Attached Exhibit "A"
be and the same is hereby rezoned from C-3 (Community Commercial) to R-3
Multi-Family Residential A location map is attached hereto as Exhibit "B" and
made a part of this Ordinance by reference.
Section 2. That the aforesaid Revised Zoning Map of the City shall be
amended accordingly
Section 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed
Section 4. Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 5. This ordinance shall become effective immediately upon
passage.
FIRST READING this $ day of July, 2000
SECOND, FINAL READING and PASSAGE this /A day of July, 2000
CH,lLORIDA
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EGAL DESCRIPTION (08-43-45-33-00-000-1440)
BEING A PORTION OF A PARCEL OF LAND AS RECORDED IN OFFICIAL
RECORD BOOK 7169, PAGE 1002 & 1004, LYING IN SECTION 33, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
P ARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID
SECTION 33, THENCE RUN NORTH ALONG SAID SECTION LINE, NORTH
01-22'06" WEST, A DISTANCE OF 32400 FEET, THENCE WESTERLY ALONG
THE LINE OF AN EXISTING FENCE, SOUTH 89i6'37" WEST, A DISTANCE OF
230.21 FEET, TO A POINT SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 88i6'37" WEST, A DISTANCE OF
304 17 FEET TO A POINT ON THE EASTERLY RIGHT-OF WAY LINE OF STATE
ROAD NO. 5 (US HIGHWAY NO 1) AS RECORDED IN ROAD PLAT BOOK 2,
PAGE 159, IN THE PUBLIC REOOROS OF PALM BEACH COUNTY, FLORIDA,
THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 04-35'02"
WEST, A DISTANCE OF 31780 FEET TO A POINT ON THE EAST-WEST
QUARTER SECTION LINE OF SAID SECTION 33; THENCE EASTERLY ALONG
SAID QUARTER SECTION LINE, NORTH 89-06'17" WEST, A DISTANCE OF
33448 FEET TO A POINT, THENCE NORTH 00.53'43" WEST, A DISTANCE OF
320.74 FEET TO THE POINT OF BEGINNING.
,-;..
CONTAINING: 2.337 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATION OF RECORD
eo 0 25
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lQES
ANTY DEED AS RECORDED IN
RECORD BOOK 7169 PAGE
1004
COMMITMENT BY CHICAGO TITLE
CE COMPANY, FILE
06r"'- , EFFECTIVE DATE
~, 19
DA. SURVEY FOR STREBBS
~ANr PREPARED BY BASELINE
RING, DATED 4-14-93.
OF THE RIGHT-Of-WAY FOR
HWAY NO.1 (STATE ROAD NO.5)
)RDED IN PLAT BOOK 2, PAGE
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GRAPHIC SCALE
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( IN FEET )
1 inch = 50 ft.
NOTES.
1 SURVEY IS NOT VALID WITHOUT EMBOSSED
SURVEYOR SEAL.
2. THE EAST LINE OF SECTION 33,
TOWNSHIP 45 SOUTH, RANGE 43 EAST IS
ASSUMED TO HAVE A BEARING OF SOUTH
01-22'06" WEST, ACCORDING TO SECTION
DATA PREPARED BY PALM BEACH COUNTY
SURVEY SECTION AND ALL OTHER BEARINGS
SHOWN HEREON ARE RELATIVE THERETO
3. NO UNDERGROUND IMPROVEMENTS, HAVE BEEN
LOCATED BY THIS OFFICE UNLESS OTHERWISE
NOTED
4 ELEVATIONS SHOWN HERON ARE BASED ON
NATIONAL GEODETIC VERTICAL DATUM OF 1929
5. AREAS ENCROACHED BY DIXIE HIGHWAY (U.S.
HIGHWA Y NO.1) SIDEWALK MAYBE SUBJECT TO
PI~I-lT_f'\~_WAY RFING TAKEN PURSUANT TO
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1600 l'
ORDINANCE NO. 0 00--.87
AN ORDINANCE OF THE cm COMMISSION OF lliE
cm OF BOYNTON BEACH, FLORIDA, REGARDING
THE PROJECT KNOWN AS BAY VISTA, AMENDING
ORDINANCE 89-38 OF SAID CITY BY AMENDING
THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN, SAID LAND USE
DESIGNATION IS BEING CHANGED FROM LOCAL
COMMERCIAL TO SPECIAL HIGH DENSm
RESIDENTIAL, PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a
Future land Use Element by Ordinance No. 89-38 in accordance with the Local
Government Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element
of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been
followed, and
WHEREAS, after public hearing and study, the City Commission deems
it in the best interest of the inhabitants of said City to amend the aforesaid
Element of the Comprehensive Plan as adopted by the City herein
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Ordinance No. 89-38 of the City is hereby amended to reflect the
following
That the Future Land Use of the following described land shall be
designated as Special High Density Residential (20 dwelling units/acre). Said
land is more particularly described as follows
See Attached Exhibit "A"
Section 2. That any maps adopted in accordance with the Future Land Use
Element 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 5. This Ordinance shall become effective 31 days after adoption,
unless challenged. If challenged, it becomes effective upon the issuance of a final
order finding it in compliance.
FIRST READING this.f day of July, 2000
---
SECOND, FINAL READING and PASSAGE this /~ day of vaGY
2000
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
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Commissioner
ATTEST
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U ~L DESCRIPll0N (08-43-45-33-00-000-1440)
BEING A PORll0N OF A P ARca OF LAND AS RECORDED IN OffiCIAL
RECORD BOOK 7169, PAGE: 1002 & 1004, LYING IN SECTION 33, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
P ARllCULARL Y OESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARlER SECTION CORNER IN THE EAST UNE OF SAID
SEC110N 33, THENCE RUN NOR11i ALONG SAID SECTION UNE. NORTH
01~'06- WEST, A DISTANCE OF 324.00 FEET; THENCE WESTERLY ALONG
THE UNE OF AN EXISllNG FENCE, SOUTH 89'6'3r WEST, A DISTANCE OF
230.21 FEET, TO A POINT SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 88'6'37- WEST, A OISTANCE OF
30417 FEET TO A POINT ON THE EASTERLY RIGHT-OF WAY UNE OF STATE
ROAD NO. 5 (US HIGHWAY NO.1) AS RECORDED IN ROAD PLAT BOOK 2.
PAGE 159, IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA,
THENCE SOUTHERLY ALONG SAID RIGHT OF WAY UNE, SOUTH 04-35'02-
WEST, A DISTANCE OF 317.80 FEET TO A POINT ON THE EAST-WEST
QUARTER SECTION UNE OF SAID SECll0N 33; THENCE EASTERLY ALONG
SAID QUARTER SECTION UNE, NORTH 89\)6'17- WEST, A DISTANCE OF
33448 FEET TO A POINT, THENCE NORTH 00-S3'43- WEST, A DISTANCE OF
320.74 FEET TO THE POINT OF BEGINNING.
""~
( "TAINING: 2.337 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICll0NS, RESERVATION OF RECORD.
GRAPHIC SCALE
so 100 200
awl ~...-- -Y','-.::tSlt'~----'1
_...~-,,:.,. ~~
( IN FEET )
1 inch - 50 ft.
!
Y DEED AS RECORDED IN
CORD BOOK 7169 PAGE
4
'AMITMENT BY CHICAGO 11TLE
CP~ANY, ALE
71 ~CTlVE DATE
~s
Y'sURVEY FOR STREBBS
r PREPARED BY BASaJNE
i, DAlEO 4-14-93.
THE RIGHT-OF-WAY FOR
Y NO.1 (STATE ROAD NO.5)
D IN PLAT BOOK 2. PAGE
1""\1 11""\1 I ^ """.,,""...--.-
NOTES:
1. SURVEY IS NOT VAUD WllHOUT EMBOSSED
SURVEYOR SEAL
2. THE' EAST UNE OF SECTION 33,
TOWNSHIP 45 SOUlH, RANGE 43 EAST IS
ASSUMED TO HAVE A BEARING OF SOUTH
01-22'06- WEST, ACCORDING TO SECTION
DATA PREPARED BY PALM BEACH COUNTY
SURVEY SECTION AND ALL OTHER BEARINGS
SHOWN HEREON ARE RELATIVE THERETO
3. NO UNDERGROUND IMPROVEMENTS, HAVE BEEN
LOCATED BY THIS OFFICE UNLESS OTIiERWlSE
NOTED.
4. ELEVATIONS SHOWN HERON ARE BASED ON
NA lIONAl GEODETIC VERTICAL DATUM OF 1929~
5. AREAS ENCROACHED BY DIXIE HIGHWAY (U.S.
HIGHWAY NO.n SIDEWA"' K U A V J:lF' <::1IJ:l.IF'l"'T Tn
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 5, 2000
Attorney Cherof read Proposed Ordinance No. 000-35 by title only
Motion
Commissioner Black moved to approve Proposed Ordinance No. 000-35. lliE MOllON DIED FOR LACK
OF A SECOND
4 Proposed Ordinance No. 000-36 Re: Authorizing the abandonment of
a 0.13 acre utility easement located on a portion of Lots #36, #37 and #38 in
the Quantum Park PID
Attorney Cherof read Proposed Ordinance No. 000-36 by title only
Motion
Commissioner Fisher moved to approve Proposed Ordinance No. 000-36. Commissioner Black seconded
the motion. City Clerk Sue Kruse ~ the vote. The vote was unanimous.
5. Proposed Ordinance No. 000-37 Re: Amendment of
Comprehensive Plan Future Land Use Map from Local Retail Commerdal (LRC) to
Special High Density Residential (SHR) requested for Altman aka Bay Vista
Project.
Attorney Cherof read Proposed Ordinance No. 000-37 by title only
Motion
Commissioner Fisher moved to approve Proposed Ordinance No. 000-37 Commissioner Black seconded
the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
6. Proposed ~ance No. 000-38 Re: Amendment of
Comprehensive Plan Future Land Use Map to rezone from Community
Commerdal (C-3) to Multiple-Family Residential (R-3) for 2.33 acres for Altman
aka Bay Vista Project.
Attorney Cherof read Proposed Ordinance No. 000-38 by title only
Motion
Commissioner Fisher moved to approve Proposed Ordinance No. 000-38. Commissioner Black seconded
the motion. City aerk Sue Kruse polled the vote. The vote was unanimous.
C.
Resolutions.
1. Proposed Resolution No. ROO-I02 Re: Amending Resolution #00-70
for the approval of the City's Local Housing Assistance Plan for State Fiscal Years
2000 - 2003 to continue the SHIP Program.
Attorney Cherof read Proposed Resolution No. ROO-I02 by title only
17
I
I
I
MEETING MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
June 20, 2000
requirements. Commissioner Fisher wanted to know who would be responsible for maintaining
it. The response was that it would be privately owned and maintained Commissioner Fisher
also asked about the Boardwalk that was listed on the drawing He stated that it was obviously
private but eventually, if a Boardwalk were to run the length of it, he asked if they were going
to open it up? Mr Kilday said they requested and agreed with Planning & Zoning to enter into
an agreement whereby if some sort of a Boardwalk or Greenway program extended along the
Intracoastal that they would provide public access through their boardwalk. A meeting was to
be scheduled with Mr Wildner to discuss the terms and how it related to their impact fees.
Vice Mayor Weiland mentioned that they previously agreed to this when asked. With
Hampshire Gardens to the south and Coastal Towers to the north, he wondered how that would
be possible for the public to enter onto the Boardwalk from three different privately owned
parcels of land? Mr Kilday said the agreement would only be triggered in the event that there
was some sort of waterfront boardwalk system. They pointed out that there were two private
owners on both sides who may never agree to any sort of access.
Commissioner Black asked Mr Rumpf about the mangrove area and how it tied into the
recreational fee as far as the dedication requirements. Mr Rumpf replied that each and every
criterion did not have to be met and that public access was not stated as a mandatory element,
when considering the elements that count toward dedication. Commissioner Black said that by
preserving the mangrove was the dedication requirement satisfied? Mr Rumpf replied that it
only satisfied a percentage of it.
City Manager Bressner asked if the proposal for a future public walkway had any bearing as to
the amount of donation that would be required? Mr Rumpf said that it did not and that he
would have to assume that access would not be there and it should not be a factor in the
calculations.
Mayor Pro Tem Sherman said this was a very large project for where it was slated to go.
Motion
Commissioner Black made a motion to approve Item 0-1, new Site Plan Approval to construct a
286 unit multi-family development. Vice Mayor Weiland seconded the motion that carried 5-0.
Item IV-E Approve the extension of the land development permit issued
June 9, 1998 for East Ridge PUD for one year from the 21-month
expiration date (or March 8 2001)
Commissioner Black asked about the Letter of Credit associated with this project. City Manager
Bressner stated that he had a memorandum from Mr Sugerman regarding the Letter of Credit
which does exist and it has not expired It automatically extends for an additional one year
period unless we are notified in writing 90 days before the expiration date.
Motion
Commissioner Black made a motion to approve Item IV-E. Vice Mayor Weiland seconded the
motion that carried 5-0
13
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I
I
MEETING MINUTES
CITY COMMISSION MEETING
BOYNTON BEACHr FLORIDA
June 20r 2000
become part of the City of Boynton Beach What this means is that there are a number of
parcels out there that have previously entered into such agreements. I think part of staff's
work over the next six months will be to identify and assemble a map showing the locations of
those parcels. We would then advise you what other parcels might be necessary for annexation
in order to obtain continuity for those parcels with a view towards moving for annexation
There has been no formal discussion or participation by staff to my knowledge other than
Commissioner Black's designation as the City's representative to COWBRA. We are assessingr
monitoring and keeping in mind the past policy direction of the City Commission. He believed
that having the map identifying the existing utility agreements would be helpful to the
Commission in their decision to either go forward or refine that policy as appropriate. This
could be put on a future agenda.
Attorney Cherof stated that the agreement in the Commissioners agenda packets made
reference to water service only and it was amended to provide water and sewer service. He did
not know if there was a memo from Utilities confirming that the City had the capacity to proVide
both. He assumed that they do. He asked that when the motion was made it indicate water
and sewer
Mayor Broening asked if this item fell in the City's utility service area and City Manager Bressner
confirmed that it did.
Motion
Commissioner Black made a motion to approve Item C-6r to approve an Amendment to the
Agreement for Water and Sewer Service Outside of City Limits between the City of Boynton
Beach and Cascade Lakesr Ltd Commissioner Fisher seconded the motion that carried 5-0
Item D-1
Request for new site plan approval to construct a 286 unit multi-
family development on 14.33 acres (Bay Vista)
Commissioner Fisher asked for a brief summary from staff on the project.
Mr Rumpfr Planning & Zoning Directorr took the podium to respond to this question. He stated
that the item(s) before the Commission were
1) Request for new site plan approval (Consent Agenda Item IV-D 1)
2) Amendment of the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHR) (Agenda Item VII.B)
and
3) Rezone from Community Commercial (C3) to Multiple Family Residential (R3)
Mr Rumpf stated that this project represented the first successful attempt to assemble the
various parcels of land at this location. He showed the Commissioners artist's renderings of the
proposed projectr which were discussed in detail
Commissioner Rsher asked if the preserved area was larger than requested Mr Kieran
Kilday from Kilday and Associates took the podium He responded that the preserved area
was primarily mangrove and that it met the South Florida Water Management District
12