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LEGAL APPROVAL ORDINANCE NO 0 00-.38 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPUCATION 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 4.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 4' day of July, 2000 SECOND, FINAL READING and PASSAGE this /,61 day of July, 2000 --. missioner ~r Commissioner AlTEST ~~ Ci q~rk\\I11t1/1111 (C~~~~.~lt/~ ~ ~ ....~OA.1.~.... ~~ ~ s:m~~ing Ba~ ~ =:>- ):&:= = I- = %0 .t920 ~ ~ , ." ~ ~ .......... t- ~ 0,,1, f':lOfl.\~ ~~ '1"1/11/1111 \ \\\\\\\\: .... \\ A II .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 & 1 004, LYING IN SECTlON 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE QUARTER SECTlON CORNER IN THE EAST LINE OF SAID SECTlON 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 8916'37" WEST, A DISTANCE OF 230.21 FEET, TO A POINT SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8816'37" WEST, A -DISTANCE OF 30417 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 REDORDS 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 ,~ 50 0 25 ~~~~ ~ ANTY DEED AS RECORDED IN RECORD BOOK 7169 PAGE 1004 COMMITMENT BY CHICAGO TITLE CE COMPANY. FILE 06r-\ EFFECTIVE DATE ~. )9 DA. SURVEY FOR STREBBS ~ANr PREPARED BY BASELINE RING, DATED 4-14-93. OF THE RIGHT-OF-WAY FOR HWA Y NO.1 (STATE ROAD NO.5) )RDED IN PLAT BOOK 2, PAGE TIlt'" n. .n. It'" 0&:'t"'1"'\01"'\<::' 1"'\1:" DAI U GRAPHIC SCALE 50 100 .f -L -...,-.---- ~ ---'~>i~ ~ _;-.... ~"" ~; <,: 1.. ':-\p"... ~ ( IN FEET ) 1 inch = 50 ft. NOTES. 1 SURVEY IS NOT VALID WITHOUT EMBOSSED SURVEYOR SEAL. 2. THE EAST LINE OF SECTlON 33. TOWNSHIP 45 SOUTH, RANGE 43 EAST IS ASSUMED TO HAVE A BEARING OF SOUTH 01822'06" 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 OI~\-JT_f"\J:"_WAY RF"ING TAKEN PURSUANT TO >- <( ~ -:c 0..0 O:::::C o ()-1<( <(0 1-8J~ '700 W t:~ -> . 4..- (f) - 0.... o ..q- I -lOU W..q-~ >~m WOz OC'la I")r- ZC'lz <(lr ~~a I-C'lCD -lC'l <(6 ..- C'l C'l <( oi co -Ill.. r::= <oU) I-Z<(~ wO-l8 a::i=wm ,'" < () ""zo::o ~,,<(~ 1--0.0 (J)(J) U XW~W wOwo::: lL.W:C-l o(/)z< :Jw- >-o~2~ ~zzl:to 0:::<:50-- ::>-IaJ c:d (I)-IlL.~ >-~OON o:::U 0 <!"~z~'2 LOCATION MAP \'8" I , r >4 ,,~\ - -.-.-- , I -.. I _J I pui) I , ! .- ----- -, I - -- - r-- ~ , I I I : .../ , / (- -J ,I / I \.---/ '---- --r ~ [ CJ. '., . .: -jd i ___ I . I --~ -r ,- I I I - -"'SE23RD Pi. _ I I J I I'....~~\ , --- 1 r~ i I I J-4 .., ,... --1' j ! ~ I ! E. WOOLBRIGH/ ROAD r ---r i I - I ! >-- I ' I I C3 j. I I I L- h ~ 2 r--- - --, ~ ~ _L _ _ __ I I / I I I I o 400 800 FEET ~ ( _. .. I ~ -_.~ I ,1-1 , _.--J T r l i ( I.," ----1, ell .....~~ _~__ ~ r ' I ... I l..--- __ ~ - I ~i -- -----. f,L- ~ , II l. . . I, .. ;- , . . ~ )r I 1600 l' ORDINANCE NO 0 00-J7 AN ORDINANCE OF THE cm COMMISSION OF THE CITY 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 DENSITY 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 J day of July, 2000 - SECOND, FINAL READING and PASSAGE this /~ day of v~y 2000 CITY OF BOYNTON BEACH, FLORIDA Commissioner ATTEST ,=~M~ Ci CI~~"'I"I1JIII'1. (co~~~J"q~ ....... ~ ~ .... OD ;,... c$l '^ ~ ~ ~ .L9,'? '-"'I~. ,"' ~ s:c$ou.'re"'"'o aka ~"~~ == > r~ \ :x: :: == t- ,- ::: % 0 ~ 920 ~ ~ ~ -. v- ~ ~ ~ ~ o~~ ~"1. ~ L 0 f1'. \ ~'\'-.;. '1111/Jlltllll\\ \\\\\\: - H r U A.L DESCRIP1l0N (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, L'l1NG IN SECllON 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FlORIDA, MORE P ARllCULARL Y DESCRIBED AS FOLLOWS. COMMENCING AT THE QUARTER SECll0N CORNER IN THE EAST UNE OF SAID SECTION 33, 1liENCE RUN NORn; AlONG SAID SECTION UNE. NORTH 01~'06. WEST, A DISTANCE OF 32400 FEET, THENCE WESlERL Y ALONG lHE UNE OF AN EXlSllNG FENCE, SOUTH 89'6'3, WEST, A DISTANCE OF 230.21 FEET, TO A POINT SAID POINT ALSO BEING lHE POINT OF BEGINNING; THENCE CONTINUE SOUTIi 88'6'37- WEST, A DISTANCE OF 304 17 FEET TO A POINT ON lHE 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, lHENCE SOUTIiERLY ALONG SAID RIGHT OF WAY UNE, SOUTH 04'35'02- WEST, A DISTANCE OF 317.80 FEET TO A POINT ON 1liE EAST-WEST QUARTER SECll0N UNE OF SAID SECll0N 33; THENCE EASTERLY ALONG SAID QUARTER SECll0N UNE, NORTH 891)6'17- WEST, A DISTANCE OF 334.48 FEET TO A POINT; THENCE NORTH 00'53'43- WEST, A DISTANCE OF 320.74 FEET TO THE POINT OF BEGINNING. ",".-- ( ~TAINING: 2.337 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESlRIC110NS, RESERVA nON OF RECORD. GRAPHIC SCALE 50 0 25 ~~J 50 100 ~ Lr- -.,.,......---:. > ~~~ 200 -~...... .t2D'~'~._~l ( IN FEET ) 1 inch - 50 ft. ! Y DEED AS RECORDED IN CORD BOOK 7169 PAGE 4 Ir1MITMENT BY CHICAGO llTLE CPY..? ANY, FILE 71 ~CTlVE DAlE ~s y'sURVEY FOR STREBBS r PREP AREO BY BASaJNE " DAlEO 4-14-93. THE RIGHT-OF-WAY FOR Y NO. 1 (STATE ROAD NO.5) D IN PLAT BOOK 2, PAGE n. 1"1 I^ ,......"""'....-- NOTES. 1. SURVEY IS NOT VAUD 'MTHOUT EMBOSSED SURVEYOR SEAL. 2. THE' EAST UNE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST IS ASSUMED TO HAVE A BEARING OF SOUTH 01122'06- WEST, ACCORDING TO SECTION DATA PREPARED BY PALM BEACH COUNTY SURVEY SEC1l0N AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO 3. NO UNDERGROUND IMPROVEMENTS, HAVE BEEN LOCATED BY n'lIs OFFICE UNLESS OTHERWISE NOTED 4. ELEVATIONS SHOWN HERON ARE BASED ON NATIONAL GEODETIC VERllCAL DATUM OF 1929~ 5. AREAS ENCROACHED BY DIXIE HIGHWAY (U.s. HIGHWAY NO.1) SIDEWAo, K UAV I=I~ C:::111=I.1s:'t"'T Tn r < :: 'J: O-e> a:::i: o ~<( (.)<0 l-eJ2 ZOO lJJ~~ ::E<ri.. O-~J: 000 -1 ~< 'WNW >100 WOZ ONO 1"').... ZNZ <(1)- COo ~ ~oo ...IN <6 ~ N N <( m -JI.&.. r::: -0(1) ~ <~ r-z 0 LaJO-JO ~i=l.tJm ,,, < 0 -za:::c zc)<~ 1=-0..0 (I)(/) 0 xlLJ~LaJ I.&JCwa::: I.&..I.&J:J:-I o (I) Z<c ~lL1- >-c~Q~ ~zz<l:Eo O::<...JO.... ~...Jm .:d cn...Jl.&..~ ')-<Cn_'" I I I MEE11NG 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 THE MOTION 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 Commercial (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 Clerk 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 Oty'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 cm COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 2000 requirements. Commissioner Rsher 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 I I I MEETING MINUTES cm COMMISSION MEETING BOYNTON BEACH, FLORIDA June 20, 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 assessing, 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 Commissioner's 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-6, to approve an Amendment to the Agreement for Water and Sewer Service Outside of City Limits between the City of Boynton Beach and Cascade Lakes, Ltd Commissioner Fisher seconded the motion that carried 5-0. Item D-l 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 Rumpf, Planning & Zoning Director, 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 N-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 project, 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