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LEGAL APPROVAL ,. The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ~\~YO" ~o ...r~c ~, d: ro ~~ '0 April 16, 2003 www.boynton-beach.org Mr. Carlos Ballbe Keith & Ballbe 1700 N. W. 64 Street Fort Lauderdale, FL 33309 Re: For: File No. Location: Reclassifying of subject property, and rezoning Coastal Bay Colony LUAR 02-014 SE 23 Avenue & South Federal Highway Dear Mr. Ballbe: Application item LUAR 02-014, for Coastal Bay Colony for a request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and a request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres for Coastal Bay Colony, was approved by the City Commission on March 18, 2003. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, 11z~(/(/,e+ gf- Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Department of Community Affairs 4/10/03 letter Ordinance No. 03-008 S:\Planning\SHARED\WP\PROJECTS\Coastal Bay Colony\LUAR 02-014\Approval form letter after CC new.rtf r STATE OF FLORI DA DEPARTMENT -- AFFAIRS "Dedicated to making Florida a better place to call home" OF COMMUNITY JEB BUSH Govemor COLLEEN CASTILLE Secretary April 10, 2003 ~U\Vl~rn:-i il ' A . 3 ,; '" I ~ LOO J I DEPARTMENT OF DEVElOPME ,';T I ill Mr. Dick Hudson, AICP City of Boynton Beach Development Dept. Planning and Zoning Division P.O.Box310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: Thank you for submitting copies of the City's Small Scale Development Plan Amendments adopted on March 18,2003, for our records. The reference numbers for the amendments are listed below. City Reference Nos. DCA Reference Nos. Ord. No. 03-005 Ord. No. OJ-008 03S1 03S2 The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendments in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact me for the DR! and Plan Processing Section at (850)922-1767. Sincerely, D. Ray Eubanks, Administrator Plan Review and Processing DREIlw cc: Michael Busha. Ex. Director Treasure Coast Regional Planning Council 25S5 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone 850488 8466/Suncom 278.8466 FAX. 850.921.0781/Suncom 291.0781 Internet address. http://www.dca state.fl,us CRITICAL STATE CONCERN FIELD OFFICE 27960verse<ls Hrghway, SUlte212 Marathon, FL33050-2227 (305)289-2402 COMMUNITY PLANNING 2555 Shurnard Oak Boulevard Tallahassee, FL 32399-2100 (850) 48S_2356 EMERGENCY MANAGEMENT 2555 ShUrT'.]rd Oak Bouievard Tallahassee, FL 32399.2100 (850)413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555Shurrord Oak 8oulev~wl Tallahassee, FL 32399-2100 (850)488-7956 ORDINANCE NO. 03- 008 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 2505 SOUTH FEDERAL HIGHWAY KNOWN AS COASTAL BAY COLONY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as S,\CA\Ordinance,,\Planning\Land UlIe\CQa.tal Say Land U.e.cloc SHDR (Special High Density Residential). Said land is more particularly described as follows: SEE ATTACHED EXHIBIT "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 3 I days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this -.ltL day of d ~, 2003. SECOND, FINAL READING and PASSAGE this.J%..... day of/11 ~ ,2003. EACH, FLORIDA . Vice Mayor ~- ....-~.--~ ~.~ , ......". ing\Lllnd Use\Co.stal Bay Land Use.doc ( I {93-o08' LE:.Gi1L DESCRIPTlqN: P .A.RCEL 1: LOTS 14 AND 15 OF "ROBINSON'S ADDITION TO BOYNTON BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. 23, PAGE P A~CEL 2: BEGINNING AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE EAST PARALLEL TO THE NORTrl LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 647.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY: THENCE SOUTHERLY, ALONG SAID WESTERLY . RIGHT-OF-WAY LINE TO A POINT 385.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO A CONCRETE MONUMENT; THENCE WEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO THE WEST LINE OF SAID . NORTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED JANUARY 24, 1958, FILED JANUARY 27, 1958 AND RECORDED IN O.R. BOOK 150, PAGE 370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. P ,A8~EL 3: . ALL mAT"PART OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM ~EACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: .- BEGINNING AT A CONCRETE MONUMENT IN THE 'NEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO.1, WHICH IS 385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 33; AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO.1, A DISTANCE OF 100 FEET: THENCE WEST ON A LINE PARALLEL WITH THE SAID NORTrl LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION 33, A DISTANCE OF 350.0 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 33 TO A POINT WH.lCH IS 385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 33; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION 33 TO THE ?OINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. NO, 1 (STATE ROAD NO.5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDlTlON" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 23, AT PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. flORIDA. .',. . :~....... , ~ \ \ Fl'1 - .~ .~ > . , DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-011 TO: Janet Prainito City Cler~V Dick HudtJ~ Senior Planner FROM: THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 7, 2003 RE: Coastal Bay Colony LUAR 02-014 Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-reference application. The application fees for staff processing and review have been forwarded to the Finance Department. A legal advertisement for same has been prepared for the February 11, 2003 Community Redevelopment Agency Board Public Hearing and the February 18, 2003 and March 18, 2003 City Commission Public Hearings. and will be forwarded to your office after review by the City Attorney. xc: Central File Attachments J:\$HRDA TAIPLANNINGISHARED\WP\PROJECTSICOASTAL SAY COLONY\LUAR 02-014\lEGALNOT.DOC .:QUEST FOR PUBLISHING PUBLIC NOTICES, LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: PlanninCl and Zoninq PREPARED BY: Michael Rumpf DATE PREPARED: January 7.2003 BRIEF DESCRIPTION OF NOTICE OR AD: Land Use Amendment and RezoninCl for Coastal Bay Colony. 2505 S. Federal HiClhway. Boynton Beach. FL SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) 2 col x 10" (minimum) size 18 pt (minimum) headline Ad for Community Redevelopment AClency meetinCl on February 11. 2003 at 6:30 p.m. and City Commission meetinCl of February 18. 2003 at 6:30 p.m. and March 18.2003 at 6:30 p.m. NOT placed in LeClal Ads or Classified Ads sections SEND COPIES OF AD TO: Newspaper. property owners within 400 feet. applicants and PlanninCl and ZoninCl Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED IN NEWSPAPER: February 1. 2003 and February 11. 2003 MAIL TO PROPERTY OWNERS: January 11. 2003 APPROVED BY: (1) ~.Ii (riginator) - (2) Um~ (City Attorney) RECEIVED BY CITY CLERK: COMPLETED: PLEASE SEND COPIES OF PROOF OF PUBLICATION TO PLANNING & ZONING DIVISION J:\SHRDAT A\PLANNING\SHARED\WPIPROJECTS\COAST AL BAY COLONY\lUAR 02-G14\LEGALNOT.OOC NOTICE OF PUBLIC HEARING NOTICE OF LAND USE AMENDMENT NOTICE OF REZONING NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, February 11, 2003 at 6:30 p.m. in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request submitted by Carlos Ballbe on behalf of Southern Homes of Palm Beach, LLC. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold public hearings to consider this request on Tuesday February 18, 2003 and on Tuesday, March 18, 2003, each hearing at 6:30 p.m. or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request is described as follows: LOCATION: 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23rd Avenue REQUEST: Amend the Comprehensive Plan Future Land Use Map: From - Local Retail Commercial To - Special High Density Residential (20 du/ac) REQUEST: Rezone: From - C-2-Neighborhood Commercial and C-3-Community Commercial IPUD-Infill Planned Unit Development To - PROPOSED USE: 65-unit fee simple Townhouse community LEGAL DESCRIPTION: Legal Description on file in the Planning & Zoning Division Property Control Numbers: 08-43-45-33-06-000-0140 08-43-45-33-06-000-0170 08-43-45-33-00-000-5160 08-43-45-33-06-000-0160 08-43-45-33-06-000-0180 08-43-45-33-00-000-5030 (Insert map here) This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: The Post February 1, 2003 and February 11, 2003 J.\SHRDA TAIPlanniog\SHAREDlWP\PROJECTS\Coastal Bay ColonylLUAR 02-014\1egalnot.doc Location Map COASTAL BAY COLONY - ---..,--, _;L~~~~~~~ c-". .-=pBS'i :........-----~ , I: ~I' 'SE....2Q-T :...i_ _....:...J I'~~I': , '. --- S~21Sl'AVE~ . ,:. (f)__. , , ~ i ~: ! - "'--SE-~1ST-AVE ~-=-, - ~,~--- ~i' '~SE'=D:A.VE. :i: ~ , I ::1 ", c I , , ii ,I! ~~T-d A\/E i_,Ri-' I ':cn:. I' , m .... :cn .... I 1 Iii . " GE-i!61'H AV~ ." :: . ..---JL----, .Ct CIl --f- 'R~ ------<CI}-------: :r. ie ',UJ IlL I, ,M ! ==-1 , I I I -~-~ _.____1 :i --~~-- R3 " REC " !I , IICWW b N w-<r' '" z o ~ ... I, 'i i ,. ii, ~'~ f- a a " ii !;,~ ' II,'.--------:c..---- :,1/~ '! ", ii,~~ ! I/L.'...'L'- 'I ,--.-...-- / . ,-- J..--- , , i , , ~ , :::::~i CJ:::;' I ,/-:;.--'::-'