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
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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
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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.
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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
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~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
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C/L 16' EASEMENT
EAST R/W LINE U.S HIGHWAY NO.1
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EAST-WEST 1/4 SECTION LINE
SECTION 33, TOWNSHIP 45 SOUTH,
RANGE 43 EAST
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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~ ' ,
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DA TE 9-03-02
ORA WN BY RCA
F.B. PG. NA
SCALE N TS
PAGE 1 OF 2
II
TUSCANY
UTILITY EASEMENT
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II€GISTDiCD LANIi <./:
SUIN€YCR '296:3, ~ ;.
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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
~~~,.....,.~..". .
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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
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and UMAna t
Map '(acrel)
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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)
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coo
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Vac:anl . yuiOUl .....
Millcd(MXO)
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N.w Oi.lricl
9
10
S.I
3.0
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6
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8
J.8
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4.6
VICini; SinSI. Funily
VIC.nl
Mobile Home '" VllClnl
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a.1
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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.
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J:ISHRDATAIPlanningISHAREDIWPIPROJECTSlAltman BAY VISTA NWSPICC 6-20.00 Develop Order. doc ~ F l. 0'" ,,-$:'
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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
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