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LEGAL APPROVAL \' DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 07-004 TO: Ed Breese, Principal Planner Planning & Zoning Division H. David KelIey, Jr., PE/PSM,0 City Engineer DATE: January 4,2007 :'...... "' ?I >'"., 'Ie- ~" <:;:D n, ''R/O/fJOl "-l '~" <. i.l;'~, , ~ .~ t-'1 FROM: SUBJECT: Notification to City Apartment Complex to Condominium Tuscany on the Intracoastal (fka Bay Vista) Boynton Beach, Florida As brought to your attention this morning, the issue of boundary record plat requirement of an approved site plan for an apartment complex to a condominium complex, has surfaced again. Our LDR does not address this issue, nor does Chapter 177 F.S. (Platting) or Chapter 718 F.S" Part VI (Conversions to Condominium) specificalIy address this issue. However, Section 718.616(4) F.S. states the folIowing: "If the proposed condominium is situated within a municipality, the disclosure shalI include a letter from the municipality acknowledging that the municipality has been notified on the proposed creation of a residential condominium by conversion of existing; previously occupied improvements and, in any county, as defined in s. 125.011(1), acknowledging compliance with applicable zoning requirements as determined by the municipality" It is requested that your Division determine if this F.S. section has been complied with. We are in the process of reviewing their "building/unit addressing" issues, and wilI keep you advised of this task. If you have any concerns or need clarification regarding this matter, please advise me. HDK:rc:aq xc: Jeff Livergood, PE, Dir ofP W Pete MazzelIa, Deputy Utility Director Pat Berger, Records/Permitting Supv., Bldg. Div File MEMORANDUM TO: Michael Rumpf, Director of Planning and Zoning RE: James A. Cherof, City Attorney (yv--I ~ Tuscany on the Intracoastal - Amended Unity of Title FROM: DATE: May 22, 2003 The attached First Amendment to Unity of Title concerns the Tuscany Intracoastal Development. We wilI place it on the June 3 Commission Consent Agenda for approval. If you think there is any problem, we can pulI it off at agenda preview. Enc. '~,W 2 7 2003 S:\CA \Departments\PLANNfNG\Memos\Tuscany - Amended Unity of Title.doc Prepared by and return to: Marcy H. Karnmerman, P.A. Broad and Cassel 7777 Glades Road Suite 300 Boca Raton, Florida 33434 D~ FIRST AMENDMENT TO UNITY OF TITLE This FIRST AMENDMENT TO UNITY OF TITLE (this "Amendment") is dated as of June 3, 2003 by and between TUSCANY INTRACOASTAL, LLLP, a Florida limited liability limited partnership ("Tuscany"), and the CITY OF BOYNTON BEACH, FLORIDA ("City"). BACKGROUND A. Tuscany is the owner of certain property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. The Property is currently encumbered by an instrument known as "Unity of Title" dated January 19, 2001 and recorded January 22, 2001 in the Public Records of Palm Beach County, Florida, in Official Records Book 12264, Page 980, a copy of which is attached hereto as Exhibit "B" (the "Original Unity ofTitle"). C. Tuscany has requested City to amend the Original Unity of Title to expressly permit the Property to be subject to a phased or multiple condominium form of ownership subject to a single umbrelIa master association. D. City has agreed to so amend the Original Unity of Title as so requested by Tuscany and as more particularly set forth in this Amendment. NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, the parties hereto hereby agree as folIows: AGREEMENT I. Recitals. The recitals set forth in this Amendment are true and correct and are incorporated into this Amendment by reference. 2. Amendment to Original Unity of Title. The Original Unity of Title is amended by deleting Section 1 thereof in its entirety and inserting the folIowing Section 1 in its place: "Said property shalI be considered as one plot and parcel of land, and that no portion of said plot and parcel ofIand shalI be sold, transferred, devised or assigned separately, except (i) in 1 BOC1\REALESn114476.1 0035010212 its entirety as one plot or parcel of land or (ii) if developed in multiple phases or as multiple condominiums, with alI of such phases and/or condominiums governed by a single umbrelIa master association. To the extent that said property is developed as multiple phases or condominiums governed by a single umbrelIa master association, same shalI not be a violation of this instrument, and the entire parcel shalI nonetheless be considered as one plot and parcel of land for the purpose of determining compliance with alI requirements of the applicable governmental authorities, including, without limitation, FAR, setbacks, design review standards, parking, etc." 3. Recordation. Each of the parties hereto understand that this Amendment shalI be recorded in the Public Records of Palm Beach County, Florida, at the sole cost and expense of Tuscany. 4. No Other Amendments. Other than as set forth in this Amendment, the Original Unity of Title remains unchanged and in fulI force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year set forth above. Signed, sealed and delivered In the presence 0 f: TUSCANY INTRACOASTAL, LLLP, a Florida limited liability limited partnership Print Name: By: Altman Development Corporation, a Michigan corporation, its general partner Print Name: by: Name: Title: CITY Print Name: [JIM - PLEASE ASSIST ME WITH APPROPRIATE SIGNATURE BLOCKS] Print Name: 2 BOC1\REAlEST\114476.1 00350/0212 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of May, 2003, by as of Altman Development Corporation, a Michigan corporation, general partner of Tuscany Intracoastal, LLLP, a Florida limited liability limited partnership, on behalf of the partnership. He/she is personalIy known to me or has produced as identification. (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State ofPlorida Commission No. My commission expires: [NOTARY FOR CITY TO BE ATTACHED] 3 BOC1\REALE5T\114476.1 0035010212 EXHIBIT "A" LEGAL DESCRIPTION 4 BOC1\REALE5T\114476.1 00350/0212 EXHIBIT "B" ORIGINAL UNITY OF TITLE 5 BOC1\REALEST\114476.1 0035010212 . alL ~ e--JL<::> Prepared by and return to: Marcy H. Kammerman, P.A. Broad and Cassel 7777 Glades Road Suite 300 Boca Raton, Florida 33434 FIRST AMENDMENT TO UNITY OF TITLE This FIRST AMENDMENT TO UNITY OF TITLE (this "Amendment") is dated as of June 3, 2003 by and between TUSCANY INTRACOASTAL, LLLP, a Florida limited liability limited partnership ("Tuscany"), and the CITY OF BOYNTON BEACH, FLORIDA ("City"). BACKGROUND A. Tuscany is the owner of certain property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. The Property is currently encumbered by an instrument known as "Unity of Title" dated January 19, 2001 and recorded January 22, 2001 in the Public Records of Palm Beach County, Florida, in Official Records Book 12264, Page 980, a copy of which is attached hereto as Exhibit "B" (the "Original Unity of Title"). C. Tuscany has requested City to amend the Original Unity of Title to expressly permit the Property to be subject to a phased or multiple condominium form of ownership subject to a single umbrelIa master association. D. City has agreed to so amend the Original Unity of Title as so requested by Tuscany and as more particularly set forth in this Amendment. NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, the parties hereto hereby agree as folIows: AGREEMENT 1. Recitals. The recitals set forth in this Amendment are true and correct and are incorporated into this Amendment by reference. 2. Amendment to Original Unitv of Title. The Original Unity of Title is amended by deleting Section 1 thereof in its entirety and inserting the folIowing Section 1 in its place: "Said property shalI be considered as one plot and parcel of land, and that no portion of said plot and parcel ofIand shalI be sold, transferred, devised or assigned separately, except (i) in 1 BOC1\REALEST\t444-7ij,H.144762 00350f0212 its entirety as one plot or parcel of land or (ii) if developed as a condominium or in multiple phases or as multiple condominiums, with all of such phases and/or condominiums governed by a single umbrella master association. To the extent that said property is developed as a single condominium or as multiple phases or condominiums governed by a single umbrella master association, same shall not be a violation of this instrument, and the entire parcel shall nonetheless be considered as one plot and parcel of land for the purpose of determining compliance with all requirements of the applicable governmental authorities, including, without limitation, FAR, setbacks, design review standards, parking, etc." 3. Recordation. Each of the parties hereto understand that this Amendment shall be recorded in the Public Records of Palm Beach County, Florida, at the sole cost and expense of Tuscany. 4. No Other Amendments. Other than as set forth in this Amendment, the Original Unity of Title remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year set forth above. Signed, sealed and delivered In the presence of: TUSCANY INTRACOASTAL, LLLP, a Florida limited liability limited partnership Print Name: By: Altman Development Corporation, a Michigan corporation, its general partner Print Name: by: Name: Title: CITY Print Name: CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 By: Kurt Bressner City Manager Print Name: 2 BOC1\REALEST\~U44762 00350/0212 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of May, 2003, by as of Altman Development Corporation, a Michigan corporation, general partner of Tuscany Intracoastal, LLLP, a Florida limited liability limited partnership, on behalf of the partnership. He/she is personally known to me or has produced as identification. (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State of Florida Commission No. My commission expires: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared the and respectively of 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 and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2003. (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State of Florida Commission No. My commission expires: 3 BOC1\REALEST\H44-76-41.1AA16..2 00350f0212 EXHIBIT "A" LEGAL DESCRIPTION 4 BQC1\REALEST'\-t-444-7-&..l1144762 00350/0212 EXHIBIT "B" ORIGINAL UNITY OF TITLE 5 BOC1\REAlEST'\-+1A47M Lt44762 0035010212 cdocs://BOC1/114476/1 cdocs://BOC1/114476/2 Standard Count Insertions Deletions Moved from Moved to Format chan ed Total chan es 3 1 o o ~ MEMORANDUM FROM: PETE MAZZELLA, DEPUTY UTILITIES DIRECTOR JANET M. PRAINITO, CITY CLER~ JANUARY 9, 2003 TO: DA TE: RE: RECORDED EASEMENTS Attached please find a copy of the following mentioned recorded easements that were recorded in Palm Beach County on December 27, 2002 for your information and files. 1. TUSCANY INTRACOASTAL, LTD. AKA - BAY VISTA 2. WENDY'S - U.S. IDGHWAY #1 & WOOLBRIGHT (RIVERWALK PLAZA JOINT VENTURE 3. TRINITY CHURCH INTERNATIONAL TRUST #1 C: Planning Building Engineering Mas S:\CC\WP\Memos\mazzella lP.doc iHI'~11111111111111111 EASEMENT 12/27/2f182 15:15:81 ~179 OR BK 14592 P6 8897 Palm Beach County, Florida THIS INDENTURE made this tJ::fl:- day of, ~entB6& , A.D., 2002, by Tuscany Intracoastal, Ltd., a Florida limited partnership, exis ng under the laws of the State of Florida, and having its principal place of business at 2201 Corporate Boulevard NW, Suite 200, Boca Raton, FL 33431, first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) WITNESSETH Whereas the first party is the owner of property situated in Palm Beach County, Florida, and described as follows: PCN 08-43-45-33-00-000-1410 Legal Description: See attached Exhibit "A" and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said Property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement, on, over and across the above described property for said purposes. c ~ :} t : ".'" :'~ _ I".' (' .-' .. '-. 1..4 3:J I .! ~"\ .... \ . ,- - '1">~3-J~V ::J,'d J iJ .~ 't" ,...Jv f1~IO'''f';r. '....~ · _It,,',.~Jr; JO ),_,'. 'IJ[J{ l4j'x: PRGE 0098 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and attested by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered I n the presence of: ~VM~ Si ture Jl1 / VcrnfylJ;e-1 Print Name By: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Jeffery A. Roberts, well known to me to be the President of the limited partnership named as first party in the foregoing Easement and that he acknowledged executing the same in the presence of a subscribing witness freely and voluntarily, under authority duly vested in them by said limited partnership. w;SS m~d and official seal in the County and State last aforesaid this 9 -th Day of -lilY) , A.D., 2002. , Y1 J lien Schafer Notary Public in and for the County aforesaid My commission expires: ~Jt,. JoEIen ScI.r. ,..1 ~eom.l.wu.,DOt3l4Os 11;'" ExPret Septenoeer 08, 2001 BOO< 1 k... PAGE *l9"J EXHIBIT A LEGAL DESCRIPTION TUSCANY ON THE INTRACOASTAL BEGINNING AT THE INTERSECTION OF THE EAST-WEST QUARTER SECTION LINE OF SECTION 33, TOWNSIDP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WITH THE EAST RIGHT-OF-WAY LINE OF U.S. lllGHWAYNO.l (S.R. NO.5) AS SHOWN ON PLAT BOOK 2, PAGE 159, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 04 DEGREES 35 MINUTES 02 SECONDS EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 653.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST ALONG SAID NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33, A DISTANCE OF 499.22 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 33; THENCE SOUTH 01 DEGREES 22 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 33, A DISTANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST ALONG A LINE PARALLEL TO SAID NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33, A DISTANCE OF 238.00 FEET TO A POINT; THENCE SOUTH 06 DEGREES 03 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.59 FEET TO A POINT, SAID POINT BEING NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST AS MEASURED ALONG A LINE PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33, A DISTANCE OF 217.50 FEET FROM THE EAST LINE OF SAID SECTION 33; THENCE SOUTH 06 DEGREES 01 MINUTES 15 SECONDS WEST A DISTANCE OF 159.39 FEET TO A POINT, SAID POINT BEING NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST AS MEASURED ALONG A LINE PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33, A DISTANCE OF 197.00 FEET FROM THE EAST LINE OF SAID SECTION 33; THENCE NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST ALONG A LINE PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33 A DISTANCE OF 4.76 FEET TO A POINT ON THE WEST LINE OF THE INTRACOASTAL RIGHT-OF-WAY EASEMENT AS RECORDED IN DEED BOOK 673, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 06 DEGREES 42 MINUTES 04 SECONDS WEST ALONG SAID WEST INTRACOASTAL RIGHT-OF-WAY EASEMENT LINE, A DISTANCE OF 326.65 FEET TO A POINT AT THE INTERSECTION OF SAID WEST INTRACOASTAL RIGHT -OF-WAY EASEMENT LINE A.1\ID THE EAST-WEST QUARTER SECTION LINE OF SECTION 34, TOWNSIDP 45 SOUTH, ~~GE43EAST;THENCESOUTH06DEGREES40MINUTES04SECONDSWESTALONGSAlD WEST INTRACOASTAL RIGHT-OF-WAY EASEMENT LINE A DISTANCE OF 211.67 FEET TO A POINT ON A LINE BEING 209.46 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 04 NITNUTES 34 SECONDS OCO< ~ %-5'32 poc-- -.' WEST, ALONG A LINE P~LEL TO THE EAST-WEST ONE-\.lUARTER SECTION LINE OF SAID SECTION 33, A DISTANCE OF 715.16 FEET TO A POINT ON TIIE EASTERLY RIGHT OF WAY LINE OF U.S. ffiGHWAYNO.l (S.R. NO.5) THENCE NORTH 04 DEGREES 35 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE OF U.S. IllGHWAYNO.l (S.R. NO.5), A DISTANCE OF 210.56' FEET TO THE POINT OF BEGINNING. CONTAINING 14.33, ACRES MORE OR LESS. 2 P.O.C j/ It /PD. T I: \ \ I' I I \ ' I' I- I r '~TCH & LEGAL DESCRi?TION ~S IS NOT A SURVEY L~GEND R/1tI RIGHT OF ItIA Y aRB OFFICIAL R~CORDS B(J[J/( PG PAG~ p.ac POINT OF COHHENC~!ENT p.aB POINT OF B~GINNING I p.ac POINT OF TERHINUS C/L CENTER LINC ... ~ ~ 8.D .00 J I ~ .. N C/L 16' EASEMENT EAST R/W LINE U.S HIGHWAY NO.1 !/<S.R) Na 5) EAST-WEST 1/4 SECTION LINE SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST i \ I I I I POINT 'A' p.aB C/L 12' EASE.~ENT P.O.T BRUCE CARTER 8.. ASSOCIATES. INC. SURVEYORS - PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33483 PHONE (561)-265-1910 / FAX (561)-265-1919 THIS SKHCH IS NOT VALL UNL~S~ IT ll€Ail$ AN ORIGJaWIiL SIGNA TI.JR€ AND AN KHBDSSO SlRVE:Yi "SE:M:.. . f t~ ' , ... ~. DA TE 9-03-02 ORA WN BY RCA F.B. PG. NA SCALE N TS PAGE 1 OF 2 II TUSCANY UTILITY EASEMENT - ,~.', .. '1', il1J(NCE N CART€R~: . '"., II€GISTDiCD LANIi <./: SUIN€YCR '296:3, ~ ;. .. STAT< rr """J?11;'. BRU('l;". ...~~~_ _c.il &: A;S510Lj ~ TES, INC ....AND SURVEYORS LAND PLAt"Jl' .~ 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRA Y BEACH, FLORIDA, 33483 (561)265-1910 UTILITY EASEMENT - SANITARY 01 Wi-'. l4592. 09:32 LEGAL DESCRIPTION: UTILITY EASEMENT (SANITARY) AN EASEMENT 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 20.00 FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1 AND THE EAST WEST QUARTER SECTION LINE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 40 35' 02" WEST, A DISTANCE OF 30.73 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 88026' 45" EAST, A DISTANCE OF 356.04 FEET; TO REFERENCE POINT "A"; TOGETHER WITH: AN EASEMENT 16.00 FEET IN WIDTH LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 16.00 FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. BEGINNING AT REFERENCE POINT "A"; THENCE NORTH 010 54' 41" WEST, A DISTANCE OF 214.51 FEET; THENCE NORTH 03050'29"EAST, A DISTANCE OF 267.18 FEET; THENCE NORTH 010 24' 39" WEST, A DISTANCE OF 119.85 FEET TO THE POINT OF TERMINUS TOGETHER WITH: AN EASEMENT 12.00 FEET IN WIDTH LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 6.00 FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. BEGINNING AT REFERENCE POINT "A". THENCE SOUTH 69058' 08" EAST, A DISTANCE OF 171.24 FEET; TO THE POINT OF TERMINUS THIS SKETCH IS THE PROPERTY OF BRUCE CARTER & ASSOCIATES. INC AND SHALL NOT BE REPRODUCED IN WHOLE OR PART wrrnOlJT PERMISSION OF THE ABOVE IN WRITING NOTE: The undersigned and BRUCE CARTER & ASSOCIA TES,INC make no representation or guarantees as to the infonnation retlected hereon pertaming to easements, rights of way, setback lines, reservations agreements and other similar matters and further, this in9lIUment is not intended to reflect or set forth all such matters. Such infonnation Should be obtained and con finned by others through an appropriate title search. NOTE: Lands shown hereon were not abstracted for rights-of-way andJor easements of record. Updates and/or Revisions Date Bv Checkai. LEGAL 9-03-02 RCA PAGE 2 OF 2 -. ------- . fMXJ{ 1..5'32 P~:L S"-TCH &. LEGAL DESCRIPTION J IS NOT A SURVEY LEGEND R/'rI O.R.B PG p.ne p,a.JJ p.ne C/L RIGHT OF 'rIAY OFFICIAL RE:CORDS P/ItG€ POINT OF COHHENCEH€N POINT OF BEGINNING POINT OF TERHINUS CENTER LIIE N 6.00 S.88.48'--;-. -r2"5.70' N,01.58'46'E 15.17' N.02.46'54'W 32.92' C/L 12' EASEMENT N.00.19'12'E 12.95' S.89.40'48'E 53.41' P.D.C ---- \-:~::-~<~~-'~;~;;;T~:~IN< lSECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST N,68.41'04'E 15.68' S.88.48'56'E 21.50' S.01.26 '56'W 73.97' N.89.09' 43'E 6.50' EAST R/W LINE U.S HIGHWAY NO.1 (S.R) NO. 5) BRUCE CARTER & ASSOCIATES, INC. SURVEYORS - PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH. FLORIDA 33483 PHONE (561)-265-1910 / FAX (561)-265-1919 THIS SKETCH IS NDT VALL UNLESS IT BCARS AN IRIGIIMAL SIGNA TIM AND AN EHIJDSSDJ SLRVEYIRS ~~~,.....,.~..". . . '"'." . .. , , , . DATE 9-03-02 DRAWN BY RCA F.B./ PG. NA $CALE 1: 50 PAGE 1 OF 7 II TUSCANY UTILITY EASEMENT I RRUCE N CAR"" - . RaiISTERCD LAND' ~ J# ' I~=., .,' II I $' -TCH 8. LEGAL DESCRIPTION .; IS NOT A SURVEY C/L 12' EASEMENT LEGEND R/W RIGHT CT WAY OR.a OFFICIAL ReCORDS PG PAGE p.ac POINT OF COHICNCEHEN p.o.a POINT OF BEGINNING p.ac POINT OF TE:RHINUS C/L CENTER LINC ; 6.00 - ~ N.OO.19'12'E 12.95' S.89.40'48'E 53.41' N j J .... ----------------------- r I I r~ C/L 12' EASEMENT L' S.88- 48'56'E 12.19' POINT 'e' / 1 ~I I~ I~ ~ ~I I ~ C/L 12~.f{t.SEMENT I \~04'34'E 23.48' S.65 -06' 42'E 13.83' BRUCE CARTER & ASSOCIATES. INC. THIS SKETCH IS NOT VALL DATE 9-03-02 SURVEYORS - PLANNERS UNLESS IT BEARS AN CJRIGIONAL SIGNA TUR€ AND 405 S.E. 6TH AVE. AN EHI/DSSED SLRVEr. DRAWN BY RCA (SOUTH FEDERAL HIGHWAY) SEAL. DELRAY BEACH, FLORIDA 33483 F.B./ PG. NA PHONE (561)-265-1910 / FAX (561)-265-1919 II II IJRUCE N CARTER SCALE 1: 50 TUSCANY ReGISTE:R€D LAND SURVEYOR 1Ie963 UTILITY EASEMENT STATE OF FLORIDA PAGE 2 OF 7 S.89.03'33'W. 35.05' PaINT 'H' C/L 12' EASEMENT , LEGAL DESCRIPTION ~ IS NOT A SURVEY J.B9~l'~2~8'_ _ _ LEGEND R/W RIGHT IT WAY aR.B ITFICIAL R€CDRDS BOa( PG PMiC p.ac PCJINT IT CDHHOICEHCN p.aB PCJINT IT BeGINNING p.ac PCJINT IT TERHINUS C/L CENTER LINE S.88.15'52'E. 9.56' C/L 12' EASEMENT N.00.56'27'W 33.64' 6.00l~ - C/L 12' EASEMENT N M04.04'19'E 13.98' P.o.T. N.85.55'41'W 10.92' S.88.1O'12'E. 12.00' BRUCE CARTER B ASSOCIATES, INC. THIS SKETCH IS NOT VALL DATE 9-03-02 SURVEYORS - PLANNERS UM.ESS IT BeARS AN DRIGIDNAL SIGNA TURE AND 405 S.E. 6TH AVE. AN EHBDSSED SURVEYDRS DRAWN BY RCA (SOUTH FEDERAL HIGHWAY) --~6 DELRA Y BEACH. FLORIDA .3.348.3 F.B.! PG. NA PHONE (561)-265-1910 / FAX (561)-265-1919 II II BRUCE N CARTER SCALE 1: 50 TUSCANY I?€GISTER€IJ LAND SURvrfCR 1#2963 UTILITY EASEMENT STATE fT FLCRIDA PAGE 3 OF 7 ;1 ,(.... 8CJ(Jl , ... "'92 r'AGE 0':'06 S;/; i L:;-;;.. i;:,:::'CRIPTI[J~J ; IS NOT A SURVEY LEGEND R/W RIGHT OF WAY aR.B OFFICIAL R€CDRDS PG PAGE p.ac POINT OF COHHENCEHE:N p.aB POINT OF BEGINNING p.ac POINT OF TERHINUS C/L CENTER LIfE N.43.57'23'W 12.96' C/L 12' EASEMENT N.8r04'16'W 33.59' POINT 'K' 6.00J _ _ _ _ _ _ _ _6. 0 ...s.&J.J.Z.:11'~2~8'_ S.00.22'49'E 15.36' P,D.T. EAST R/W LINE US HIGHWA Y Na1 (s'R) NO.5) N BRUCE CARTER & ASSOCIATES, INC. SURVEYORS - PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH. FLORIDA 33483 PHONE (561)-265-1910 / FAX (561)-265-1919 THIS SKETCH IS NOT VALIJ UNLESS IT B€ARS AN DRIGIiJ'W. SIGNA TURC AND AN Dl1JDSSED SLRVE:YfRS ~- I BRUCE N CARTF:R R€GIST€R€D LAND SURVEYOR '2963 I STA n: IT FL""IIM II TUSCANY UTILITY EASEMENT OA TE 9-03-02 ORA WN BY RCA F.B. PG. NA SCALE 1:50 PAGE 4 OF 7 BRU('~ ~ {''AltlbH & A~~'OC1~,4rESi, fNC AND SURVEYORS LAND PLANN. ~ 405 S.E. 6TH A VENUE ( SOUTH FEDERAL HIGHWAY DELRA Y BEACH, FLORIDA, 33483 (561) 265-1910 ; UTILITY EASEMENT - WATER LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) - ~ l&S AN EASEMENT 12.00 FEET IN WIDTH L YINq 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 12.00 FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. I ; ..... COMMENCING AT THE INTERSECTION OF THE EAST RIGHT -OF- WAY LINE OF U.S. HIGHWAY # 1 AND THE EAST WEST QUARTER SECTION LINE OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE NORTH 40 35' 02" EAST, A DISTANCE OF [1.66 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 880 48' 56" EAST, A DISTANCE OF 125.70 FEET; TO REFERENCE POINT "A"; THENCE SOUTH 880 48' 56" EAST, A DISTANCE OF 21.50 FEET; THENCE NORTH 680 41' 04" EAST, A DISTANCE OF 15.68 FEET~ THENCE SOUTH 880 48' 09" EAST, A DISTANCE OF 95.67 FEET~ TO REFERENCE POINT "B"~ THENCE soum 890 40' 48" EAST, A DISTANCE OF 53.41 FEET~ TO REFERENCE POINT "C"~ THENCE SOUTH 880 48' 56" EAST, A DISTANCE OF 12.19 FEET~ THENCE NORTH 64043' 06" EAST, A DISTANCE OF 5.26 FEET~ TO REFERENCE POINT "D"~ THENCE NORTH 640 43' 06" EAST, A DISTANCE OF 10.52 FEET~ THENCE NORTH 87" 13' 06" EAST, A DISTANCE OF 36.72 FEET, TO REFERENCE POINT "E"; THENCE NORTH 010 45' 02" WEST, A DISTANCE OF 95.05 FEET~ THENCE NORTH 010 21' 22" EAST, A DISTANCE OF 97.02 FEET~ THENCE NORTH 03031' 21" EAST, A DISTANCE OF 93.93 FEET, TO REFERENCE POINT "F"; THENCE NORTH 010 47' 54" EAST, A DISTANCE OF 3.00 FEET, TO REFERENCE POINT "G"; THENCE NORTH 010 47' 54" EAST, A DISTANCE OF 118.37 FEET~ THENCE NORTH 000 56' 27" WEST, A DISTANCE OF 33.64 FEET, TO REFERENCE POINT "H'; THENCE NORTH 000 56' 27" WEST, A DISTANCE OF 2.55 FEET, TO REFERENCE POINT "I"; THENCE NORTH 00056' 27" WEST, A DISTANCE OF 67.64 FEET; THENCE NORTH 00036' 58" WEST, A DISTANCE OF 35.13 FEET, TO REFERENCE POINT "J"~ THENCE NORTH 010 44' 08" EAST, A DISTANCE OF 36.02 FEET; THENCE SOUTH 890 37' 11" WEST, A DISTANCE OF 288.98 FEET; TO REFERENCE POINT "K"; THENCE NORTH 870 04' 16" WEST, A DISTANCE OF 33.59 FEET; THENCE NORTH 43057' 23" WEST, A DISTANCE OF 12.96 FEET; THENCE NORTH 850 21' 22" WEST, A DISTANCE OF 2.39 FEET TO THE POINT OF TERMINUS TOGETHER WlTH: BEGINNING AT REFERENCE POINT "A"; THENCE NORTH 01058' 46" EAST, A DISTANCE OF 15.17 FEET TO THE POINT OF TERMINUS TOGETHER WlTH: BEGINNING AT REFERENCE POINT "B"; THENCE SOUTH 010 26' 56" WEST, A DISTANCE OF 73.97 FEET; THENCE NORTH 89009' 43" EAST, A DISTANCE OF 6.50 FEET; THENCE SOUTH 00055' 26" EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF TERMINUS TOGETHER WlTH: BEGINNING AT REFERENCE POINT "C"; THENCE NORTH 000 19' 12" EAST, A DISTANCE OF 12.95 FEET TO THE POINT OF TERMINUS lHIS SKETCH IS 1lffi PROPERTY OF BRUCE CARlER & ASSOCIA lES. INC AND SHAll. NOT BE REPRODUCED IN WHOLE OR PART wrmour PERMISSION OF 1lffi ABOVE IN WRII1NG. NOTE: The undersigned and BRUCE CARTER & ASSOCIATES,INC make no representation or guarantees as to the infurmation reflected hereon pertaining to easements. rights of way, setback lines, reservations agreements and other similar matters and further, this instrument is not intended to reflect or set forth all such matters. Such information Should be obtained and confirmed by others through an appropriate title search. NOTE: Lands shown hereon were not abstracted for rights-of-way and/or easements of record. PAGE 5 OF 7 Uodatcs and/or Revisions Date Bv Checked LEGAL 9-03-02 RCA BRUCE CA.A ,.0- ~.J.,- a: ~/i~..}OC1A TE'5', JIV'(' .ND SURVEYORS LAND PLANNI 405 S.t:. 6TH A VENUE ( SOUTH FEDERAL HI0r1W A Y OO(J( l4592 PAGE ~a DELRA Y BEACH, FLORIDA, 33483 (561) 265-1910 UTILITY EASEMENT - WATER LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) TOGETHER WITH: BEGINNING AT REFERENCE POINT "0"; THENCE NORTH 250 16' 54" WEST, A DISTANCE OF 20.05 FEET; THENCE NORTH 020 46' 54" WEST, A DISTANCE OF 32.92 FEET; TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "F"; THENCE NORTH 850 55' 41" WEST, A DISTANCE OF 53.72 FEETTO REFERENCE POINT "M"; THENCE NORTH 850 55' 41" WEST, A DISTANCE OF 10.92 FEET; TO THE POINT OF TERMINUS TOGETHER WITH: BEGINNING AT REFERENCE POINT "G"; THENCE NORTH 880 10' 12" EAST, A DISTANCE OF 12.00 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "H"; THENCE SOUTH 890 03' 33" WEST, A DISTANCE OF 35.05 FEET; THENCE NORTH 00050' 17" WEST, A DISTANCE OF 14.68 FEET; TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "I"; THENCE NORTH 890 26' 57" EAST, A DISTANCE OF 5.73 FEET; THENCE NORTH 00015' 46" WEST, A DISTANCE OF 22.43 FEET; TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "J"; THENCE NORTH 880 15' 52" EAST, A DISTANCE OF 9.56 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "K"; THENCE SOUTH 000 22' 49" EAST, A DISTANCE OF 15.36 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "E"; THENCE NORTH 87013' 06" EAST, A DISTANCE OF 12.51 FEET; THENCE SOUTH 650 06' 42" EAST, A DISTANCE OF 145.73 FEET; TO REFERENCE POINT "L"; THENCE SOUTH 650 06' 42" EAST, A DISTANCE OF 13.83 FEET; THENCE SOUTH 00055' 30" EAST, A DISTANCE OF 88.15 FEET; THENCE NORTH 890 04' 34" EAST, A DISTANCE OF 23.48 FEET TO THE POINT OF TERMINUS. TInS SKETCH IS TIiE PROPERTY OF BRUCE CARTER &: ASSOCIATES. INC AND SHALL NOT BE REPRODUCED IN WHOLE OR PART WITHOUT PERMISSION OF TIiE ABOVE IN WRITING. NOTE: The undersigned and BRUCE CARTER & ASSOCIATES,lNC make no representation or guarantees as to the infonnation reflected hereon pertaining to easements. rights of way, setback lines, reservations agreements and other similar matters and further, this instrument is not intended to reflect or set forth all such matters. Such infonnation Should be obtained and confirmed by others through an appropriate title search. NOTE: Lands shown hereon were not abstracted for rights-of-way and/or easements of record. PAGE 6 OF 7 Uodates and/or Revisions Date Bv Checked LEGAL 9-03-02 RCA BRUCE rARTER.,(:L:A5'SOCI~ TE5f, INC' .AND SURVEYORS LAND PLANl\ .oJ 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRA Y BEACH, FLORIDA, 33483 (561) 265-1910 BOOK 14592 PAGE J909 Dorothv H. Wilken, Clerk UTILITY EASEMENT - WATER LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) TOGETHER WITH: BEGINNING AT REFERENCE POINT "L"; THENCE SOUTH 24053' 18" WEST, A DISTANCE OF 32.50 FEET TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "M"; THENCE NORTH 040 04' 19" EAST, A DISTANCE OF 13.98 FEET TO THE POINT OF TERMINUS THIS SKETCH IS THE PROPERTY OF BRUCE CARTER & ASSOCIATES. [NC AND SHALL NOT BE REPRODUCED [N WHOLE OR PART WITHOUT PERMISSION OF THE ABOVE IN WRITING NOTE: The undersigned and BRUCE CARTER & ASSOCIATES,INC make no representation or guarantees as to the infonnation reflected hereon pertaining to easements, rights of way, setback lines, reservations agreements and other similar matters and further, this instrument is not intended to reflect or set forth alI such matters. Such infonnation Should be obtained and confinned by others through an appropriate title search. NOTE: Lands shown hereon were not abstracted for rights-of-way and/or easements of record. PAGE 7 OF 7 Updates and/or Revisions Date By Checked LEGAL 9-03-02 RCA / DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-168 .JUL J TO: Technical Review Committee Members FROM Marshall Gage, Police Chief Jeff Livergood, Public Works Director John Wildner, Parks Director John Guidry, Utilities Director Mike Rumpf, Planning & Zoning Director Steve Gale, Deputy Fire Chief , Don Johnson, Building Official ~ July 31, 2002 DATE: RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY PROJECT NAME: TUSCANY ON THE INTRACOASTAL ADDRESS: 2320 S. FEDERAL HIGHWAY PERMIT #: 00-4164 CONTRACTOR: SUFFOLK CONSTRUCTION COMPANY, INC. The above referenced project is nearing completion. Prior to the Building Division issuing the Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending conditions concerning this site that must be rectified (excluding issues that are covered entirely with a City approved surety). If any outstanding conditions are related to permits issued by the Building Division, please provide this division a memorandum containing a description of the unresolved conditions. If the unresolved conditions are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to me, within ten (10) days, in order that we may proceed in a timely manner to issue the Certificate of Occupancy. No response is necessary if your department is satisfied with the current state ofthe above referenced site. Thank you for your cooperation. DJ:rs XC: Timothy K. Large, Building Code Administrator Kevin HalIahan, Forester/Environmentalist Frantz LaFontant, Engineering Inspector II Permit File # 00-4164 S:\Development\Building Code Administrator\TRC 10 DAY MEMOS\Tuscany on the IntracoastaLdoc { / " <:: - !. ,') ) , DEPARTMENT OF DEVELOPMENT ,-,' Division of Planning and Zoning " .. [ " Building Planning & Zoning Engineering Occupational License Community Redevelopment August 14, 2000 Chris Kerr Kilday & Associates, Inc. 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 Re: Altman Bay Vista NWSP 00-005 Dear Mr. Kerr As the applicant for the above-referenced project, enclosed please find your rectified plan that was approved by the City Commission. It has been signed-off to confirm that it accurately represents the approved site plan and that all staff comments have been addressed. Please make sure that the person managing your permit applications is aware of any remaining Development Order conditions which were specified to be met at the time of permit review and that the documents pertaining to those conditions are submitted with your permit package. Your copy of the signed-off rectified plan is to be submitted as part of your permit package to the Building Division. Sincerely, ~iA #dc.v 1~ Michael W. Rumpf Director of Planning and Zoning MWR/bw \\CH\MAIN\SHRDATA\Planning\SHARED\VVP\PROJECTS\Altman BAY VISTA NWSP\Rectified Letter For The Applicantdoc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO.OO-243 FROM: Mike Haag, Building Division Ken Hall, Enginee:ii Department Michael W. Rumpf Director of Planni & ning TO: DATE: August 14, 2000 Rectified Plans for Altman Bay Vista NWSP 00-005 SUBJECT: Attached are rectified plans for the Altman Bay Vista for your files. J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Altman SAY VISTA NWSP\Rectified memo for Building and Engineering.doc I 1 ~ -..J - ~".,. n ~',A-"fTY DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning 3(< ( , 1/ Building Planning & Zoning Engineering Occupational License Communuy Redevelopment May 31, 2002 Chris Kerr Kilday & Associates, Inc. 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 Re: FileNo: Location: Altman Bay Vista NWSP 00-005 South Federal Highway northeast of the intersection with SE 23'd A venue Dear Mr. Kerr: Enclosed is the City of Boynton Beach Development Order for conditional use and new site approval granted on June 20, 2000. To continue this project through the development process, please submit to this office four (4) sets of rectified plans. A rectified plan is a site plan revised to incorporate all applicable conditions of approval, except those clearly specified to be met at time of permit review. A person managing your permit applications should be made aware of any such conditions and submit required documents with your permit package. Additional engineering plans Of othef pages which will be required for your permit package but were not part of the approved site plan set should not be submitted with the rectified site plan sets. Please note that a fectified plan must be signed off by all TRC members prior to submitting for building pennits. Our staff is committed to speedy and efficient completion of your site plan rectification process. However, failure to meet all applicable conditions in the first rectified plan submission will require further revisions and subsequent reviews by the TRC members and thus produce unnecessary delays. Feel free to contact any TRC member for additional clarification of comment(s). America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 Your copy of the signed-off rectified plan is to be submitted as part of your permit plan package to the Building Division. Important: If you plan to introduce any changes to your approved site plan over and above those required by conditions of approval, please contact our staff before submitting a rectified plan set. All modifications to the site plan must be evaluated by our staff and processed accordingly. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerel y, Michael W. Rumpf Director of Planning & Zoning MWR/nl \\CH\MAIN\SHRDAT A\Planning\SHARED\WP\PROJECTS\Alunall Buy Vista aka Tuscany on the Illtracoastal\Altman BAY VISTA NWSP\Standard Development Order Letler2.doc should be limited to 2 stories (25 feet), in order to ensure compatibility with the residences which lie to the east. In order to minimize industrial and commercial traffic on S.E. 12th Avenue, access to Gulfstream Lumber, should be prohibited on S.E. 12th Avenue and other local streets in the vicinity. if this use is expanded. / 1.n. Undeveloped Parcel Adiacent to Intracoastal Waterwav. at S.E. 23rd Avenue and U.S. Hiahwav 1 This parcel is shown on the Future Land Use plan as Special High Density Residential; however, the Conservation and Coastal Management Elements recommend that the portion of this parcel which is vegetated by mangroves be preserved as such. In recognition of the need to preserve these mangroves, this site has been placed in the Conservation Overlay category on the Future Land Use Map. 1.0. Neiahborhood in Vicinitv of S.E. 20th Avenue and S.E. 3rd street This is a small neighborhood, which is largely surrounded by commercial uses, and which is showing some signs of deterioration. The existing zoning allows for multiple-family, duplex, a~d Single-family housing, and as a result, a mixture of housing types has been established. Several actions should be taken in order to upgrade this neighborhood and prevent further decline: First, the City should consider acquisition of property along the FEC tracks for a mini-park, which should be construed to be in the Recreational land use category, if acquired for such use; second, the City should pay particular attention to minimizing conflicts between surrounding commercial uses and the residential uses that are located in this neighborhood; third, the City should provide concentrated code enforcement, in order to help improve the condition of buildings, yards, and swales; finally, buildings should not be permitted to exceed 2 stories (25 feet), in order to minimize encroachment on the low-rise residences in this neighborhood. 1.p. Parcels at Northwest Corner of U.S. 1 and old Dixie Hiahwav Due to the limited demand for commercial floorspace along this segment of U.S. 1, the Coastal Management Element originally recommended that these parcels be taken out of the Local Retail commercial land use category, and placed in the special High Density Residential category. However, because a site plan and construction drawings for a shopping center on this site have been approved by the City, the City Commission decided to keep these parcels in the Local Retail Commercial land use category. 65 -- f- t- M.p Inde. Nwnber; See COIS..1 Manasemen, Map ror Si'e Loc..ion. Gross Acrc1Sc inclusive of rights-o(.way. 20 S.H rden '0 special hiSh densi,y land use: ellesol)' tU>-OU/AC); SR cOrTCspondinS 10ninS disu,cl. s lIIe ~ Miacd Use Disuicl (rcsldcnlial, oHicc and specially ICllil) wI 2 slory ~ \Sl vc....cul.r (es. cOIS..1 villase) duisn requiremcn.. . Residen,ial only on ~ ~ sou.h portion or Block 8 be'ween .lIey and SE h. A.enue. No p.rkinS\) ,5:' requirement ror Oce.n A.enue projcc.., p..kinS 10 be pro.ided.OII public property. Suee.sc.pe desisn linkase Crom US I '0 Suercs. Blvd. I - . 2< ConsclV.,ion use overlay; MF de.elopmen. .. .Uo DU/AC, vui.ble soulhcm ...bock I " 2 story@ 40', ] s,ol)' @ 15" .nd 4 Slory @ 100'; Densi,;.. consis.en. willi exiSlins Idjlcen' use and pro.ide impclous '0 resuit. li.1I clearina Uld provide minimum ISO' shoreline burrer J.llI\C; Require rip-rip wake bani.. Ind red monaro.e pliullina Ilona ICWW lhoreline. Sinalll Funily and duple. w/ 2 Itory heish. limil. Mediwn dcnsily residen,ill w/ sinale runily lonina; speciallOnina reaul..ions (ie. reduced se,blcks and 101 sile) ReOanilina ..illina hiah densily sinale ramily panem of de.e1opmen.. Allow new cu sales as condiliooll use; on I minimum 2 Icre SilC; Require 20' burrer, masonry wall and 15~ .eseLl.i.e s<recnins a10ns boundary .0 reJiden.ialloned properlY .0 wes. and finser or ..iSlins ,esidemial lie..' lenninus or Miller Ro.d. Allow C~] zooiD, if .U parcels in the UCI arc IcqUlred Cor combined de.elopmen. w/ US I rronlase puce Is; no .eee.. 10 Miller Ro.d. Allow C~ lonina if limited 10 fc.ail, office, wholesale or slongc use-no ouuide s.o..se; I Slory heiShl limit; m.sonry burrer w.1I " 100% Velel.live screenaDI on nooh side; no accc.ss 10 Miller Road. Allow C-4 (Sener.1 conunercial) uses. Res (SF); Aa:ess consider.lion should be .ddressed - polen,i.1 (or sins Ie r.mily do..lopmen. 10 t.. IC...sed lIIroulh Tr.dowindl E....o., alternadyely. aCCClI could occur .tvoulh adjaccnl propcny 10 Ihe wesl in Ih. Town or GuUllrcam which cs.ablishes lome buis (or Innea.lion by th.. jllli.diclion. Sinale Fomil)' zonina - ere.'e speci.1 disuiCl which ReOsniles "istina sinalc Cunily p.IlCffl oC developmenL Three II0ry hciah. limil. Source: Wall.. H. -J{eller Jr., lnC: Elemenl Fu.ure Lend Use 26 2S 23 14 2. 6.S 16.2 6.3 Sinalc .t mulli-runil)' VlCORI; Indus.,i.1 VaCUlI; Indue"i" Mixed U.. Re. (SH) Rcs Conun (0) Res (1..) (SH) HIC NIC/C3 HIC NIC/R3 SR-3 C-4 Hew Ois.,i.. New Dis.,i.. . -.J 00 . 21 22 20 16 II 19 .1 .1 S9.1 11.35 -:.....- 2.6 10.6 V leanl; Vaeu..; V.cUII; Commcn:ill VICUlI; .lnala ramily MaiJaI)' linal. runil)' VIConl/C-.(NlIfIUJ) sins Ie fomil)' sin ale romily Conun Comm Comm Ra. (M) Re. (W) Res (LR) (0) (LR) (SH) HIC NIC/R3 HIC/R] HIC NIC/C3 R3 c.] C.4 c.] R-2 New Ois.,icl SR-] 4 COIU;IIIUd. and UMAna t Map '(acrel) 8.2 M.inly Curr.nl mulli-romily Use Comm ]>ropoMd Fulun Use (LR) C2JR] Exl.. Zonln New Dislric. SII. 0...10 ment Conslderallons Tabl. 14. SUI SpulOc Fu'ure Land Us. and Oul&n Consldnatlons. J (Revised) ,..1 Ct.....,~ ff:!'o '\;11--'<1 ./> "/,.;:..,:; oc CO"';,,utd. 13 23.4 VecUll; IIIUlpVYC OR. Comm (La) CBO coo II 19S.0 Vac:anl . yuiOUl ..... Millcd(MXO) V.ria N.w Oi.lricl 9 10 S.I 3.0 V.ClnI VICW; SinSI. Funily COINIl (La) R.. (l) C2JC3 RIA PCO R.I , -.l -.l . 6 1 8 J.8 2.1 4.6 VICini; SinSI. Funily VIC.nl Mobile Home '" VllClnl R..(H) R..(H) R..(H) C3 C3 C3/RIAA R.3 R.3 R.3 s a.1 V.c.nl Pub'" Roc C3/R3/C4 Rcc 4 3 2 11.1 1.2 .6 VIlCIDI; Mob H-.; bid .. (If) VIC.nI V.ClnI R..(H) R..(H) R3 RIAA RIAA 1t.3 R.3 R-3 Promole WD use; Limil boll sloralc and repair 10 norlh parcel only; Allow only Irouncj leycl Ilougc, boal nles and parkins on soulh pared-no boal r.p.ir. Requir. 3D' hiBh (ultim.te heiBhl) solad veKel.live buH.r .nd 6' masonry w.U .Iona soulhern resid.nlial border. Propcni.s 10 be "d,vcloped coocun.nlly in unified plan. ' AUow infill PUO; Limil 10 2 lIory .uuhed SF unill wi 40' sclback on IrOlll. rear and ...1 .id. Allow infill PUO; Limil 10 2 .Iory .n.ched SF unill wi 40' s'lback on rrOlll ond W'.I side. Limit 10 :I lIory (2S') h.i.hl .nd 40' sc.b.ck (rom ..i.lin. SF/dupl.. ....ldenll.l: Allow pound l.y.1 WR 510.... .. PCO comm.rci.1 us.-lImiled 10 norlh.rn (.pproaimal', 2 .cr.) ponion o( propeny wilh minimwn 6' v'..'.livc IRd ma.anry bulren adja.:cnl 10 cai'lin. rClidcnlial on NE :20 Av.nu. .as' o( 41h SU..I, and .Iso the condominium 10 Ihe north, Subjccl 10 rcercllional usc ISstSsmcnl per rutnl VOler referendum; Priorily lilC ror shoreline uses (reslaunnl. !mall bOil rcnlal Ind club hcililY. clmpinl. Iwinvnina. picnics. cle.). POlenlil1 boll ramp arel usin& elislins bo.1 chum.1 on Ih. north. Multi.r.mily r..id.n'i.l; Limil 10 2 lIory (30") heiBhl. Multi.(.mily resid.nli.l; Limil 10 2 lIory (3D") h.iBhl. Vui.b1. s'lb.ck requir.m.nu on soulh and w.st boundaries; 40' (or I '" 2 story. 1S' (or 3 lIory. lOCI" (or 4 slory. 2 lIory h.iShl limil; POI.nli.1 Bround Icvel WR S,or.B' .. PCD. K..p C.... on hiahwlY lronl.B' us.s. R... prop'r1i.s '0 r.main in eunen. lelidential dC1ilnlli9R1; Considcr caleodin. busincu zonina I 101 cellwl,d I( porc.. Is lied 10'0 rcdev.lopm.n, o( US I Ironl... 101S. Rezon. ..iSlin. hOl.1 sil. 10 c.. only il r.hlbililll.d II ACLF lor .Iderly. A pC:W milled use I.nd ule ca.c.ory for convncrcial. residenlill. or miacd u.e proj.,a.. R.qulr.. . minimum .il. or.. o( 2 .cr... Mulmum r..ld.n.I.1 daloi.y il 40 du'''.c. This proposed llnd us. chlnl' includes .boo. 110 .cres within lhe cd..inS COO ond .n 84 .cr. nonhem cll.cnsioo or lhe COO 10 the Ooymon Clnal. ' COIU.",,,,ioll UJt 0..,/01 (see Cons'IV.lion EI.m.n.); limiled inl.rpr'liv. us. per COD Plln ond 'Beney reB's; subili,c shor.lin., planl red manlrov. and .horclnn (Ipulina) in conjunelion wi cove Of dock dcyclopmcnl. Potenai.1 drainllc relenlion in wesl uplUlds. limited velclllion removal in SOUthcmmoll ponion (or public us. purposes (..S. Ooynlon Oeach Boul.y.rd bridIC). 6.8 Land Uat Ar..t M.p' (acru) Mob Home; VICUI. Curun' Use Comm(LR) Propoat" Fulur. UN C3/RIAA Ellis, Zonln PCD Propoatd Zonlnll 511. Dtvtlopmtn Consldfflllons Table 24. SII. Spulne Fulur. Ad Use and Dul&n Consld...Uoos" (Revised PROJEC T COLOR SELEC TI ON PROJECT NAME: BAY VISTA DESCRIPTION MANUf AC TURER SCHEME #1 Y\lALLS SHERWIN LJ WILLIAMS 1654 BASE SHERWIN [J WILLIAMS 2944 ACCENT #1 SHERWIN D WILLIAMS 196c:r ACCENT #2 SHERWIN WILLIAMS 2910 BANDS SHERWIN 11 WILLIAMS -.....-..- 2449 fASCIA SHERWIN [] WILLIAMS 242e. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Altman Bay Vista (NWSP) APPLICANT'S AGENT: Chris Kerr, Kilday and Associates, Inc. APPLICANT'S ADDRESS: 2201 Corporate Blvd. NW#200, Boca Raton, Florida 33421 r:.: :!i ~ , i ' DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2000 TYPE OF RELIEF SOUGHT: Request for new site plan approval to construct a 286-unit multi- Family development on 14.33 acres. LOCATION OF PROPERTY: South Federal Highway northeast of the intersection with SE 23'd Ave. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: . 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ..1L- HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ..1L- GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. \\\11\11111/111/11 " ell/, s-<,}' .....~1....~ 8.$'1'% ~ c;;O ,"ORAi-;:', ~,., ~ .::::- .'~ <...~'.....':':::' - (,(" "O'? 00 -s..-::::. :::: 0 ,() \ ~ ~ ~ ~ >- 1~ ! ~ ~c:;2:;t. ./<<1<:_, :: ,.... \. f"\'2-a..: ~ ~ . ":) 00 .... City Clerk % C> ...~.~......... Q'>:" j" J:ISHRDATAIPlanningISHAREDIWPIPROJECTSlAltman BAY VISTA NWSPICC 6-20.00 Develop Order. doc ~ F l. 0'" ,,-$:' /'/// ,\'\ ///1111111\1\111\ 7. Other DATED: ~M~/~ EXHIBIT "C" Conditions of Approval Project name: Altman Bay Vista File number: NWSP 00-005 Reference: 3rd Review. New Site Plan. File # NWSP 00-005 with a Mav 30. 2000 Planning and Zoning Deoartment date stamo marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: i. Provide several cross sections along the north boundary line depicting the X finished grades between the proposed development and twenty-five (25) feet into the abutting properties. 2. At time of permit review, provide a satisfactory abandonment of those X easements shown on the boundary survey necessary to construct the proposed improvements. 3. If the handicapped accessible path is lower than the abutting sidewalk, show X the sidewalk at the same grade with a ramp up on both sides. BUILDING DIVISION Comments: 4. Identify the floor elevation that the design professional has established for X the building within the footprint of the clubhouse and guardhouse. 5. At time of permit review, provide a copy ofthe recorded City of Boynton X Beach easement release form that would authorize the guardhouse, pool pavilion, pergola, pool fence, retaining wall. Boardwalk and ramp to be Project name: Altman Bay Vista (NWSP) File number: NWSP 00-005 Page 2 DEPARTMENTS INCLUDE REJECT constructed within the easement OR remove all structures from the drainage easement. 6. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the 20 feet wide ingress & egress easement, 40 feet and 10 feet wide drainage easements, 10 feet wide road reservation and 10 feet wide water, gas and electric easement that are shown on the plan to be abandoned. 7. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the deed with legal descriptions of each property that is being unified shall be submitted when processing the form. The property owner that is identified on each deed shall match the property owner that is identified on the form. . 8. At time of permit review, show on the site plan the actual distance that each X building/structure is set back from the adjacent property lines. Please note that overhangs, covered walkways, canopies, awning or other appurtenances that are attached to the building shall be considered when identifying building setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified in the Zoning Code. 9. At time of permit review, submit for review an addressing plan for the X project. 10. At time of permit review, provide detailed drawings and documentation on X the plans that will verify that the accessible routes that are shown on the site plan are consistent with the regulations of the Fair Housing Act as set forth in 760.23 (10) of the Florida Statutes. The documentation shall include, but not limited to, identifying the type of material proposed for the route, type of surface fmish, width, cross slope slope and length of the entire accessible route including, where applicable, landings, ramps and handrails. II. Clarify the square foot floor area of each type of unit. The floor areas that X are identified on the chart found on the site plan do not match the floor areas that are identified on the floor plan drawings. 12. At time of permit review, submit an application for demolishing the existing X structures. 13. Compliance with the building codes will be evaluated at time of permit X review. The permit fee, water ad sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at the timed of permit review. Project name: Altman Bay Vista (NWSP) File number: NWSP 00-005 Page 3 DEPARTMENTS INCLUDE REJECT 14. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION ,- Comments: 15. In order to receive the Natural Resource Credit as detailed in Chapter I, X Article V, Section 3.A. 2. (I), the following factors need to be addressed in mangrove/wetland area: a. public access b. management and maintenance plan c. proposed restoration methods d. the proportionate size of the habitat to the entire development e. the existence of protected species within the habitat 16. List on the site plan the site elements for which recreation credit will be X provided per the local park basic requirements listed in Chapter I, Article V, Sec. 3., (6) (e). 17. Since the property is not required to be platted, the recreation dedication fee X will be due prior to the building permit being issued. FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must obtain permits from the Department of Environmental X Protection (DEP) in reference to the existing mangrove trees on the individual land parcels combined into the one site plan. The set back requirements for the mangroves may be a greater distance for the City of Boynton Beach Comprehensive Plan, than the DEP setback requirements. PLANNING AND ZONING Comments: 19. The environmental assessment which was submitted should also include a X detailed preservation plan for the mangrove area. Project name: Altman Bay Vista (NWSP) File number: NWSP 00-005 Page 4 DEPARTMENTS INCLUDE REJECT 20. Delineate the Comprehensive Plan "conservation overlay" boundary on the X site plan and landscape plan. 21. A code variance is required pursuant to Ch. 2. H. e (I), (4) and (12) to allow X a reduction in parking required for the recreational amenities. 22. A code variance is required pursuant to Ch. 2, Sec. 5. G. 2. a. to allow a X reduction in the required front yard setback for the shade pavilions. 23. A code variance is required pursuantto Ch. 2, Sec. 4, J. I., to allow an eight X foot maximum height for the proposed entrance wail feature. 24. Specify colors for the banding details shown on the elevation drawings for X the parking garage fronting Federal Highway. 25. Permits from Army Corp. of Engineers (CE) and SFWMD will be required X regarding construction in and around the jurisdictional Mangrove area including the proposed boardwalk along the ICWW. Place a note on the site plan indicating that the boardwalk will be provided only if permitted. Mangroves shail be preserved to the maximum extent possible. 26. Proposed entrance signs are shown on the site plan. Provide a sign typical X detail which dimensions height and area and indicates proposed colors and materials. 28. Approval from Palm Beach County Traffic Division is required prior to X Planning and Zoning sign-off on the rectified plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 29. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS 30. Tn h... g""'t~FHliftea. ~N~ V MWR/dim J:\SHROATA\PlANNING\SHARED\WP\PROJECTS\AL TMAN BAY VISTA NWSP\CC 6-20-00 COMMENTS. 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