Loading...
CORRESPONDENCE 8-1 5--2002 8, 59AM FROt,1 PLANNI'"G AND PEAL ES 561 434 8187 P.l .-... THE SCHOOL DISTRICT Of PALM BEACH COUNTY 00 E!I PLANNING DEPARTMENT 1'0'') ~ 3300 FOREST HILL BOULEVARD - Cll0 r;: n !:j !!i WEST PALM BEACH, FL 334<06 ~~~,.,y.<"- ....,,~~~ ~ TO: Facsimile Transmittal PHONE: (561)484-tsmw FAX: (561 )4S4-ts187 1'1" of Pages so.t (including Cover PClge) .3 CVlcK) H UPS ON - DATE: ~;S /t b /0 2- . FROM: MR.. (j if<-R.:A N -2.Y2-f,2 S9 .D~\J \.l) pe YOU NG FAX N" COMMENTS: R.e '. ~~I\-NO BA-Y C DNC U~.~NCy .peT€R.M.l~ AnD rJ cc: H' lOA TAl WP51 \DOC' 2 6-16-2002 9,00AH FRO~~ PLAN!,I~,G N!D REAL ES 561 43~ P' '37 '~'5. '1';:~;:?i2 <U-,Ht.~,._8S ~I:~~jl~~~ ~~:0~ '~'m~Ol.~ iu · '" ~ Q!:! \ ......... ~""^""'~;, . Zh,[/,.,..., i'.....id&OlRft /-' / v':_'. School OJstnf: of Palm 6..ch County School CO"C~rt."cy Appli<::aticm and SONici,.' Provids, Form ~,;Meon"_(q"..,tC': ''-'anin; ~tltnoot The~&I~ol'?Unh.-eheo..rCy ~~ll~hAM:tHIlI~, (M~O Wlfllt......e~P\. "~GS.,.13 (~1)~ (lf~\)H,.,,77 Aru.ntI~": ccm""'r~ ~Ci<<1 kt\r,lOf Ofstrfct ~ lO~.l G~\('~. __________ In.tro:cti~n.: .,ubltllt on. ~py Qr Ul~ ?orr PI~t'td Ilpplie.tIon a"~ tn. fOr the revt.w, fot It'ich new .....1denti.1_1 ..-q~lrln9 0 lI'lem"n_;i un of <on.~"'ncy for .""""le. A o.tel'lllllallQn w,lll>e p"'.lde<l wlIttln '~on. i13) VIlO<l<in; dll\'$ Or ",etipt of 8 <:Qr1lphote .,;>iIcetJ"". P d........iMllon i> not tww:fDruble 8f')dib valId br on. )I'.(:;r from d~. Q~ i.'$l.Janoe. ~e Ihe o.V51t)~"'lt Orctw ls issueQ, tt,. conClotTM1t:y d4t.~lnaij~ sf"iel'l ttJJ" ....'itl"l the~: ',velepment Order'. ; Fort ~ ro bo ""1"'1>1010<1 by Appllcont ' A;ll'bnfo N~; \'OODS1~:; UND CEVELOH:ENT CORP. AQeJlt'e Name: CA lH t'$: ~ BAr tgif.' .... M*lIng.l\ddrotc, 41.00..jtF~ . ~+-h AIl';;'UHf fi"1", T .HrcBaJl.llF FI.31114 T.~honeNumijer: .)f:,' "$:9~"'.r,'-:, Fales""4eNurnt:or.....9.;i./_I.~O~lJM., i. [H~RAN{I. EA Y :r~,:.JtJJ:ITIW....llAQ;~ . n;;;!-l. ~~~I'~-:)n-()!)fI...DnK-__ -1'W:O~~ ll~C!.I'~~-SllOll.ll...~:L\'P--... '"'7'!~e)t5 Sing I. Fern!)' . Ap._.13 (3 110M... or leIS) Hi~" 1'110. Aportments _____ Age R_Ole4 Multo Or1ly pt.lltdn, Pw,; ProvldO O~"t '~appllcabte{ :;~~~~(t18 eo~e!~ F"ha'ft).i' J Plliln snowir'lQ tn. :uuonbeiC'.-d type of Imlt8 to receive oertllicat. of .eneady~ NO I'tlASING , P...t fl. LO<i.' ,q.i......,ment C<lmplote"oss ~.IVl.W Oot. C<>nwl<lte ~ ;e~ 7)-1/ ~oG...m_ R,,,,,,onta1lvo ,'- i'ml N....A~ /4/~^, PA:l/ect Nome: Munlcipollty !" UlUI1CClrpotabOcl Fee ""'F*lY C<>ntrol l'lumcer (PeN): F>lClf<<:ll.oce!iotl:1 Concurrency Sorjtlce Area (eSA): OJ!VELO~lI'(!NlI REOVEST: TctalhfUnIts:' ~ l'olltJo" ~ ~,a;.efk:'I7OC. Tltl. 2bv'.GC ~ .. i:_ I: " "-ctlfl. TOb.C<l~dbySClloolD..~f~~2S r;,.1' -r Oate 0"9''''. Fl.ocolvOlt 7(:3 1/02-... ~ c.... Num~r._Q2Q....!._;:;_L OJ.. sf ~ I "rify that the pro;evt ~Q1T.P[~;' \oL'~'1 ~,,<s ~QPted l..~vet of Service (LOS) t'or ScnOOI$. ~ I ~orlt,' lhallh. prt>jt!oot wi:! OCl\"P'1 wi~ tho .dopto<J c~ of Sorvl... (LOS) for ScMoo!. s~b/eot 10 tn. ..l1B<;",,~ cOnOll!( ns ""Itt tho acloPlld L'VeI ef 9<"",,", (lOS' for ".1 (" i 01.- ~. ~~~. , 'I~i ..) ,'-. 25 ... .... r'~.~:.. P. 3 ;J.~' "' 8-16-2802 8,55AH F=<DH PLANN I \JG AND REAL ES 561 434 i" 87 P.2 THE SCHOOl O!STP.:1CTCI! PAl.MeEACH COUNTY. FLORIDA F'LA'INING DEPARTMENT 3320 FOREST HILL BLVD., c-331 WEST PAlM BEACf<, FL. 334%-5313 (561) 434-8020 FAX. (561) 434.8137 ARTMUR C. JOf<NSON, Ph.D. SUFERINTENOENT August 14, 2002 Mr. Orran Hudson City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: CONCURRENCY DETERMINATION - CASE NUMBER 02073101 - MERANO BAY Dear Mr. Hudson: The Palm Beach County Schoo! District has reviewed the above referenced project for E Concurrency Determination. Attached please find the approved Palm Beach Countl' School District Concurrenc~ Application and Service Provider Form for Merano Bay. This concurrency determination il: valid for one (1) year from the date of issuance. Once a Deve,lopment Order has been issuec for the project, the concurrency determination will be valid for the life of the Developmen1 Order. If you have any questions regarding this determination, please feel free to contact me al (561) 434-7343. Sincerely, David L. DeYoung, AICP Planner cc: Carlos J. Sallbe. Woodside Land Development Corporatic1n enc. S:IPlanning'.publiclDataICONCRNC2\conCWTency aetennination 1.tters\CD08 j 40:!.doc AN EauAL OPPORTUNITY EMPt.oVefl Legal Description: Merano Bay (AutoZone) Property P. C. N. 08-43-45-22-06-000-0670 A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23023'56", a radial bearing at this point of North 90000'00" East an arc distance of 74.49 feet to a point; thence South 00000'00" East a distance of 50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00000'00" East a distance if 184.96 feet to a point; thence North 90000'00" West along the South line of said Section 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of- way line of U. S. Highway No.1; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the beginning of a curve concave to the East having a radius of 7,589.49 feet and a central angle of 01 047'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00" East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76018'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a reverse curve, having a radius of 207.40 feet and a central angle of 22029'39"; thence Southeasterly along the arc of said curve a distance of 81.43 feet to the POINT OF BEGINNING. Containing in all 76,024.186 square feet or 1.745 acres more or less. -- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor December 31, 2002 STEVEN M. SEIBERT Secretary Mr. Dick Hudson, AICP City of Boynton Beach Dept. of Development Planning and Zoning Division P. O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: Thank you for submitting copies of the City's Small Scale Development Plan Amendment adopted by Ordinance No. 02-057 on December 3, 2002, for our records. The reference number for the amendment is 02S8. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact me for the DRI and Plan Processing Section at (850)922-1767. Sincerely, ~1v;cr..'k-~ D. Ray Eubanks, Administrator Plan Review and Processing DRE\lw cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council JAN - 2 200J 2555 SHUMARD OAK BOULEVARD' TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suile 212 Marathon, Fl 33050-2227 (3051289.2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL3239g.2100 /8501488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 {850l413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, Fl32399-2100 1850l48B-7956 ~\rY 0" - - . ij\._..~...............(;I o ..... ..,= ~",.-:. ... 'v'" 'ON e DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building - Planning & Zoning . Occupational Licenses . Community Redevelopment December 13, 2002 , Mr. D. Ray Eubanks, Community Program Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FI 32399-2100 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Sirs: Please find enclosed required documents on the above-referenced, adopted small-scale amendments processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. Amendment LUAR 02-006 totals 1.75 acres. With the adoption of this amendment the cumulative total of acreage to date for the 2002 calendar year is 11.32 acres. Enclosed you will find copies of Ordinance 02-057, reflecting approval by the City Commission on December 3, 2002, staff reports for the amendment, the publication notice, an updated land use map with the boundaries and locations of the subject properties in relationship to the surrounding street and thoroughfare network, and the completed RPM-BSP- Small Scale-1 form. Should you have any questions please contact me at 561-742-6264. Respectfully submitted, ~j/ Dick Hudson, AICP Senior Planner ~ Cc: Treasure Coast Regional Planning Council South Florida Water Management District Florida Department of Transportation Florida Department of Environmental Protection J:\SHRDATA\P1anning\SHARED\WP\PROJECTS\MERANQ BAy\LUAR\SS Transmittal DCA.dot City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (S61) 742-6260 . Fax (S61) 742-6259 . www.ci.boynton-beach.f1.us DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 02-206 (revised) TO: Chairman and Members Community Redevelopment Agency Board FROM: Dick Hudson, ArcP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: October 25, 2002 PROJECT DESCRIPTION Project/ Applicant: Merano BayjWoodside Land Development Corp. Agent: Carlos Ballbe Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment (LUAR 02-006) Property Description: Vacant property consisting of :1:1.75 acres, classified Local Retail Commercial (LRC) and zoned IPUD Infill Planned Unit Development Requested change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-1-AA Single Family Residential (5.4 dujac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 dujac) and zoned R-1-AA Single Family Residential (5.4 dujac). Page 2 File Number: LUAR 02-006 Merano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the IPUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer is requesting a change of land use to the Special High Density Residential to allow the necessary 20 dwelling units per acre. The City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the Plan included an amendment to the Land Development Regulations to create the IPUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the IPUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future IPUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards, In conclusion, the proposed site plan does meet the intent of the IPUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending the approval of a reclassification to the Special High Density land use classification, which allows the proposed density . PROJECT ANALYSIS The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in Page 3 File Number: lUAR 02-006 Merano Bay dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (SaffirjSimpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the land Use Element reads: "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. " The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan. " The site plan for the proposed development was approved by the Community Redevelopment Agency Board on October 8, 2002, and by the City Commission on October 15, 2002. It meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. Page 4 File Number: LUAR 02-006 Merano Bay The proposed land use amendment would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion. " In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range from 10.8 dujac to 20 dujac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation. It is also less than the 500 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. Page 5 File Number: LUAR 02-006 Merano Bay e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physically and economically developable under the existing zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district which permits a maximum lot coverage of forty percent (40%) and a maximum building height of forty-five (45) feet or four (4) stories. In 1998 a request for site plan approval was submitted to construct a one story, 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the IPUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a'; above. This and similar developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Infill Planned Unit Development zoning district; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the approval of a reclassification to the Special High Density land use classification, which allows the density proposed in the site/master plan. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATrACHMENTS J:\SHROATA\Planning\SHAREO\WP\PROJECTS\MERANO BAy\LUAR\STAFF REPORT LUAR3.doc SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. Name of Local Government City of Boynton Beach Person Completing this form Dick Hudson Phone number 561-742-6264 Name of Newspaper that notice of small scale was published The Palm Beach Post Date Publication Noticed November 2 & 12, 2002 (Please attach copy of notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS 1.75 b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a, b, c 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a, b, c. above 9.27 b. Categories listed in Item 2 d and above 2.05 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as identified in the comprehensive plan 1.75 Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1)(c), Florida Statutes to: DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF STATE PLANNING PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (904) 488-4925 J:\SHRDATA\PLANNING\SHARED\WP\PROJECTSIMERANO BAY\LUAR\SMALL SCALE FORM.DOT ORDINANCE NO. 02- 05; AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE SOUTH EAST CORNER OF SHORE DRNE AND NORTH FEDERAL mGHW A Y (PROJECT KNOWN AS MERANO BAY); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSNE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL mGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTNE DATE. " WHEREAS, the City Commission of the City of Boynton Beach, Florida has dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use lement by Ordinance No. 89-38 in accordance with the Local Govemment Comprehensive lanning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a omprehensive 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 est interest of the inhabitants of said City to amend the aforesaid Element of the omprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ITY OF BOYNTON BEACH, FLORIDA, THAT: Section I: The foregoing WHEREAS clauses are true and correct and incorporated erein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the \.... \CA\Ordinances\Planning\Land Use\Merano Bay Land Use.doc following: That the Future Land Use of the following described land shall be designated as SHDR (Special High Density Residential). Said land is more particularly described as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of23023'56", a radial bearing at this point of North 90000'00" East an arc distance of 74.49 feet to a point; thence South 00000'00" East a distance of50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00000'00" East a distance if 184.96 feet to a point; thence North 90000'00" West along the South line of said Section 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of-way line ofU. S. HighwayNo. I; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the beginning ofacurve concave to the East having a radius of7,589.49 feet and a central angle of 01 047'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00" East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of25.00 feet and a central angle of76018'38"; thence Southeasterly, along the arc of said curve a distance of33.30 feet to the beginning of a reverse curve, having a radius of207.40 feet and a central angle of22029'39"; thence Southeasterly along the arc of said curve a distance of8\.43 feet to the POINT OF BEGINNING. Containing in all 76,024.186 square feet or \.745 acres more or less. Section 2: That any maps adopted in accordance with the Future Land Use Element shall e amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be ec1ared by a court of competent jurisdiction to be invalid, such decision shall not affect the \CA\Ordinances\Planning\Land ~ee\Merano Bay Land Use.doc emainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in ompliance. FIRST READING this ~ day of Nollembu ,2002. SECOND, FINAL READING and PASSAGE this ~ day of ~bCf" , 2002. '- CH, FLORIDA , r. ~~~ Vice Commissioner ,\CA\Ordinances\Planning\Land Use\Merano Bay Land Use.doc . / -~ THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Wendy Elliott, who on oath says that she is Telephone Sales Supervisjor of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a ~in the matter of Land Use lMerano Bav) was published in said newspaper in the issues of November 2. & lZ.2002. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, fIrm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~~ 12'" day of Novef1 A/. 2~ f}~ ' fl \ S worn to and subscribed before this Personally known 2Q!; or Produced Identification Type of Identification Produced cJJ ,/" ..,.... ' ~~"" KAREN M McLlr-ITON ~." MY COMMISSION ;I CC 979669 :to'~Cli EXPIRES:Noo,. 15,201)$ HIC.,.3-NOTA.RV !=!.,. Notary ~C8 '" Bonding, 1l"lC. (J {Zit '- (fff ys ~ NC:l NOTICE Of NOTICE OF LAND ' NOTICE OF NOTICE IS HEREay GMN lho' the lloard of THE CITY Of IlOYNTON puauc HEARING, on Tuesday, ~ CITY HAll COMMISSION CHAMBERS, verd, to consider this request submitted Wood.ide Land De.eIooment Corp. The I Of IlOYNTON aEACH, FLORIDA, ..;U consider this request on Tuesday, NoYMi Decembe< 3, 2002, at 6:30 p,m. 0< o. . permits 0' the CITY HAll COMMISSION ~ lleach llou"""rd. The reques' i. d...:ribeci LOCATION: Southeastcomer 01 She<e'l REQUEST: Amend lhe Comprehen.... From - l.ocallW To . Special t , du/ae) , PROPOSl:D USl:: 2o.uni' fee .im~ LfGALllt:lUlll"II0N: ~' , ~l:LllON 2, LESS THE 'COQUINA COVE' AC THEREOf AS RECOR Of THE puauc REC~ flORiDA, AND LESS TH OfFICIAL RECOIlDS RlGHT.Of-WA Y. P.C.N.08.43-45-22__ L....atlon III _Sol R3. ~---- ---- ~- II .'~i" . . Thi. req_ am be viewed betw-1 the p.m. at the Cilj< .. ~ Ileach Plann Eas' lloynkln Ileach lloule.ord. All inletesled porties are no.1ied 10 "-= I:!Y atlomey and be heard. />osry _ decision of lhe Planning and o....k.,.,,~ ..;lh '-' 10 any matfw c:onsiderWd-. record al the ~ng. and for ""'" po a -ootim recard .. lhe proceeding. i... testimony and ..idence upon wllich lhe ap The Gty shall fumion apprapriole aw<i5 .--ary 10 aIIorc/ an indiViclUal..;lh <> cli portio,""" in and enjar the bonoIits <l ( CcndudocI bv the Gty. - - Psi Iemt tww1Iy.Tour 12.q haun prioo: 10 Ilie p the Cily 10 """an<>bIy aceommoclale your CITY Of IlOYNl PlANNING Ar-l (561) 742-6260 PUBUSH: The Post November 2, 20 November 12, 2 ..~~i ~~... .1;, \~~ ,,~, ," 1," ":O'b""~' n,"Ft . .--.-.- ,- . , . )', ',") , ...'.:, ~ ~ ;~.:~I ~. .,J' < ., '., )\:-\' , ;; ;; .~ ~ ;...."'- 1 \.- o .'f , , '-... ~ " , :: -".;., $I:_ ., , - ..}I'/ ;= ~--~<! :';" '~.jl/ - ) P. ~ ~ ~ ------ r- , ,"/. _-->__1 ~ ~--.. '~~'~l~ ~'-./"'l .. , ,., , I f . y, . ,K-: 1/ '- ., ""J! \ '~ ~/!....; '\ '~,~ i~". t. . ...... .-. ., ! ' ~ ,.' I' " I ,J' .J , / '-. ',- I [<::., ---1==7 I r'i 'sih' t . \ ,I' , [,;;- , ~ - --~~. j ,., C . ____ 'l' ,/- / / cS2: VI ih -..-/ l~ ! ---r~-t! J . ~'" ... . ~~ '!J :;,7'// ---r ., ,I.i 1. · r-1.[.! ;---;.' ~ ~J- \--J~' i -:::;:;/', -, -" J i- ')' : ! ---.: i . "",. - ./ 1\ ~' ;bl)J) . "(- --& , ./ , i/ . c l. f-- I .. -, !'!L..s...";(b,lU__'ll..' . &. (.; =----n--- .:.) , , , o l t , D ~ "~ tillillJ MAP KEY RESIDENTIAL LOW DENSITY (LOR) MAX 4.84 D.U.7ACRE ~ . " MODERATE DENSITY (MOOR) . . . -- ., . MAX 7.26 D.U.I ACRE MEDIUM DENSITY (MeQR) MAX 9.68 0 .U.I ACRE IBId ~I1IGH DENSfTY(HDB) . . Mt\X 10.8 D.U.7 ACRE ~fggm~- SPE CIAC HfGJ.:rt)ENSITy"-tSHOR) -- MAX 20-();-U./ ACRE .... . __C~O~~~C]i~b.;; t- _-... ' '.:2.:..-~:0-.J-_'_"'M"__"_.'-< ~ 'O-F~FiCE:{OC), u"" --..... - ---.. ---~-. - -', .- --- - - ~ LOCAL RETAJL (LRC) - - ,. ..-\ '- ~ GENERAL (GC) -..._..... .-.---- . ---'.-~' -~ - b'/<lfNDtJSTRIAL '-(1) . ~ ~ ~ ~ t.,..~tl ..'-..l......~. ":!'>,:." .~; I i '. OTHER AGRICUL TORE" (A) f:-~ -'..-. ,'." .~- m.'._ """-' RECREATIONAL (R) ~- -...-- ",.~---- ., - .-' ..; J:~:t1B L.t.C_& P.RJV A I.E,_____(e..eJ~1) _' .. . '.. j; '<30 V ERN M E N'T A L / INS T (TtTt fON A L J ., ,0)- _. -.. ~ MIXED USE (MX) , DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Building Planning & Zoning OccupauonalLkense Community Redevelopment December 13, 2002 Joseph M. Yes beck, P.E. District Director, Transportation Planning Office Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Mr. Yesbeck: Attached please find the adoption package sent to the Department of Community Affairs on December 13, 2002, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~/l ...... Dick Hudson, Senior Planner Attachments J: \SHRDA T A \PLANNING\SHARED\ WP\PROJECTS\MERANO BA y\LUAR\REVIEWAGENCYLElTER. DOT 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 0 (561) 742-6260 Fax (561) 742.6259 G\'Y 0 - . " , DEPARTMENT OF DEVELOPMENT Planning and Zoning Division -; (ll= ,=--.:- o ~~. -=--=.- r J- ------ (; 1; ~ B,V rON 0'" Building Planning & Zoning Occupational License Community Redevelopment ~ December 13, 2002 P. K. Sharma, AlCP, Lead Planner Water Supply Department South Florida Water Management District P. O. Box 24680 West Palm Beach, Florida 33416 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Mr. Sharma: Attached please find the adoption package sent to the Department of Community Affairs on December 13, 2002, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~p --.. Dick Hudson, Senior Planner Attachments J:\SHRDATA \PLANNING\SHARED\WP\PROJECTS\MERANO BAY\LUAR\REVIEWAGENCYlETTER.DOT 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 Fax (561) 742-6259 DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Building Planning & Zoning Occupational License Community Redevelopment o February 26, 2001 Ms. Lynn Griffin Director of the Office of Intergovernmental Programs Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Ms Griffin: Attached please find the adoption package sent to the Department of Community Affairs on December 13, 2002, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~i/ - Dick Hudson, Senior Planner Attachments ]:\SHRDATA \PLANNING\SHARED\WP\PROJECTS\MERANO BAY\LUAR\REVIEWAGENCYLETTER.DOT 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 Fax (561) 742-6259 DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Building Planning & Zoning Occupational License Community Redevelopment o December 13, 2002 Michael J. Busha Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Mr. Busha: Attached please find the adoption package sent to the Department of Community Affairs on December 13, 2002, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~~I Dick Hudson, Senior Planner Attachments J:\SHRDATA \PLANNING\5HARED\ WP\PROJECTS\MERANO BAY\LUAR\REVIEWAGENCYLETTER.DOT 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742.6260 Fax (561) 742-6259 DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Building Planning & Zoning OccupationalL~ense Community Redevelopment ~ December 13, 2002 Lorenzo Aghemo, Director Planning Division Department of Planning, Zoning and Building 100 Australian Avenue West Palm Beach, FL 33406 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Mr. Aghemo: Attached please find the adoption package sent to the Department of Community Affairs on December 13, 2002, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~;!/ ->. Dick Hudson, Senior Planner Attachments ]:\SHRDATA \PLANNING\SHARED\ WP\PROJECTS\MERANO BAY\LUAR\REVIEWAGENCYlETTER.DOT 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425'()310 Phone: (561) 742-6260 Fax (561) 742-6259 I,;-r~ 0: ~o-~- ~~~~-: J ~ --.._ _.~..-:v 'V . v 'ON '0 DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building - Planning & Zoning . Occupational Licenses . Community Redevelopment December 27, 2002 Ms. Terry Scheckwitz Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: City of Boynton Beach Merano Bay (LUAR 02-006) Dear Ms Scheckwitz: As per your request you will find enclosed the survey and approved site plan that accompanies the above referenced land use amendment. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, lM;;! Dick Hudson, Senior Planner - Attachments J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\MERANO BAy\LUAR\FDOT LETTER lZ-27-Q2.DOT City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.f1.us Ij"YO,," -- - - _.... -.-.. $o-..-g:-:;:-- ~ )...,--.:::- -",,- '?" 'V d "- tON -e DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building _ Planning & Zoning - Occupational Licenses - Community Redevelopment January 2, 2003 Mr. Carlos J. Ballbe Keith & Ballbe, Inc. 1700 N.W. 64th Street Fort Lauderdale, FL 33309 Re: Merano Bay LUAR02-006 Dear Carlos: Enclosed you will find signed copies of the City of Boynton Beach Ordinance No. 02- 056, rezoning for the above referenced project; Ordinance No. 02-057, amending the Future Land Use Map for the same project; and a copy of a letter to the City from the Florida Department of Community Affairs indicating that the department will not be conducting a compliance review or issuing a Notice of Intent regarding the land use amendment. If you have any questions, please call me at (561) 742-6264. Yours truly, ~~ Dick Hudson, AICP Senior Planner J; \SHRDA T A \PLAN NING\SHARED\ WP\PROJECTS\MERANO BA y\LUAR\lETTEROI-Q2-03 .DOT City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.f1.us It STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Govemor December 31, 2002 STEVEN M. SEIBERT Secretary Mr. Dick Hudson, AICP City of Boynton Beach Dept. of Development Planning and Zoning Division P. O. Box 310 Boynton Beach., FL 33425-0310 Dear Mr. Hudson: Thank you for submitting copies of the City's Small Scale Development Plan Amendment adopted by Ordinance No. 02-057 on December 3, 2002, for our records. The reference number for the amendment is 02S8. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3 I 87(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 DRE\lw cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council JAN - 2 2003 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.078\ Internet address: http://www.dca.state.fl.us I / CRmCAL STATE CONCERN RELD OFFICE 2796 Ovel'SeaS Highway. Suite 212 Marathon, Fl 33050-2227 (30S} 289.2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, Fl32399-2100 IR<;n\dRR_?'>."'" EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee. Fl32399-2100 IR<;'n\<11"1.QCl6Q HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee. Fl32399-2100 IR<;nldAA70= " ORDINANCE NO. 02- OS7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON TIm sourn EAST CORNER OF SHORE DRNE AND NORTH FEDERAL HIGHWAY (PROJECT KNOWN AS MERANO BAY); 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 dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use lement by Ordinance No. 89-38 in accordance with the Local Government Comprehensive lanning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a omprehensive 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 est interest of the inhabitants of said City to amend the aforesaid Element of the omprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE ITY OF BOYNTON BEACH, FLORIDA, THAT: Section I: The foregoing WHEREAS clauses are true and correct and incorporated erein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the '--. ,\CA\Ord.inance.\Plaru::r.ing\LoInd UBe\Meto1U10 Bay r..nd Ule.doc H remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in FIRST READING this J.9- day of NO\fen.w , 2002. SECOND, FINAL READING and PASSAGE this ~ day of ~bU , 2002. CITY rJF BO L compliance. FLORIDA , r.~~ Vice c Commissioner ~,\CA \Ordiniilftcelll\Planning\Land UBe\Merano Say Land UlIe. doe , I I ! I' ORDINANCE NO. 02- OS-<.o AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF MERANO BAY; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A CERTAlN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT (IPOD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AutoZone, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Carlos BaIlbe, Woodside Land Development Corp., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract ofIand consisting of I. 75 acres, said land being more particularly described hereinafter, from C-3 (Community Commercial) to IPOD (InfiIl Planned Unit Development), subject to all staff comments; and WHEREAS, the City Commission conducted a public hearing on October IS, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, during the public hearing the applicant for the Rezoning made material representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed rezoning. The material representations made by applicant are set forth in the minutes of the City Commission meetingiPublic Hearing conducted October 15, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent ith an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it In the best interests of the 'nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set S:\CA\OrdinanceS\Planning\Rezoning\Rezoning . Merano Bay.doc " forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Secti on 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23023'56", a radial bearing at this point of North 90000'00" East an arc distance of 74.49 feet to a point; thence South 00000'00" East a distance of 50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00000'00" East a distance if 184.96 feet to a point; thence North 90000'00" West along the South line of said Section 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of-way line ofU. S. Highway No.1; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the beginning ofa curve concave to the East having a radius 0[7,589.49 feet and a central angle of 01 047'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00" East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76018'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a reverse curve, having a radius of 207.40 feet and a central angle of 22029'39"; thence Southeasterly along the arc of said curve a distance of 81.43 feet to the POINT OF BEGINNING. Containing in all 76,024.186 square feet or 1. 745 acres more or less. e and the same is hereby rezoned from C-3 (Community Commercial) to IPUD (planned Unit evelopment). A location map is attached hereto as Exhibit "A" and made a part of this rdinance by reference, Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby S:\CA\OrdinanceS\Planning\Rezoning\Rezoning _ Merano Bay.doc " repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of t-tOl<<em h.-". , 2002. SECOND, FINAL READING and PASSAGE this ~ day of~, 2002. CITY BO B CR, FLORIDA ATTEST: (COrpO~~~!!1m'11111. ~" ,{~"ON lJ I~ ~ 0 ........... ~ ~ ~ ~ "':<:ORA1'''';:')'?O ~ ~ 4. .'oY"" "V:e. ::: : 0 !u E = > :2: = ;; ,... C n('\ :; ~ _ \ "g",v ~ ~v ...... \ .....,.. ~ ~ ........... Q ~ ~lj/I FLO~\\\\~ 1111111/11111\\\\\\ S:\CA\Ordinances\Planning\Rezoning\Rezoning _ Merano Bay.doc Location Map Merano Bay EXHIBIT "Au I I ----- - R3: i , ---- ..- - --- .- ------ ------ -SEAIo" -- / v ____. I -----z--- ~EJ5T:J:jAYE-_:.. -=':'-= C2fJ - '-R...d-A- "~ ,"'-;!- " -' IE,' J -~, -l, , <(' .~z-_ '0: .-m ',W i . : A _I . CJ I -;"" ' ! UJ C3 '~SITE~;.~' " '-1, ~., " I ~ i"-' ' , If i I I''''B- . ',\.,I I I ' i/i ~., Ir,;:,,' , ---! i ! I ~..:~" i ; , . 'u.r--- : Ii!; I BOYNTON CANAL C-16 ! ; -NE~T.J,W2L' ~. IR+~ I . I I ,I .; ~;.J-41",_ ,._" , rJR ; I :' ! : ! . I ; ~ LAKE WORTH ICWIV , -2~-==- NE-'J-4.""FH-AVr j i Iii! , i S,..,QRE no , , Ii : I I , , ! : : : . i~' I::! " Ii' "en, I /:1 'j :DO I I! ::J.li!~;'!!.:.;;,i. 1<1 L J/ II!: . , : : I\fE..13."tHJH/r= ! . I .! I: I ,~I-!:f/ i I ,; :111 11111 :::::.;.liiliW";~ I 'ill!IIII, ". :I";III~ 'II o I ,:. ,i I :I';oI/I,I~', "I :1::', ,1,1,., ' ',' i--'3W! I :i; i i~,k.lA:! ! , I,ll: : I I ;; " ' ,I 'r1LJ I " I, I ' , '/ I i I : -1=:", i /1:1 ,I: I .z . , I 'I ' '; I; IjTI i": I. ;'; '" . II f). ! ,'I " i 1m f ii,en 1 10 , i I I I o SQO F..t ! . .-<>-. . , , : " , " '00 DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building . Planning & Zoning - Occupational Licenses . Community Redevelopment June 25, 2002 Mr. Carlos J. Ballbe Woodside Land Development Corp. 4200 N. E. 15th Avenue Fort Lauderdale. FL 33334 Re: Merano Bay Land Use Amendment and Rezoning Application Dear Sir: Weare in receipt of your application for land use amendment and rezoning for the property located at the intersection of N. Federal Highway and Shore Drive in Boynton Beach. The following required items were not included in the application package and must be available to us prior to our commencement of the review: 1. A copy of the last recorded warranty deed. 2. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. 3. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. 4. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: a. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. b. Whether the proposed land use amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed land use amendment/ rezoning desirable. City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.fl.us Menino Bay LUAR June 25,2002 Page 2 d. Whether the proposed land use amendment/rezoning would be compatible with utility systems, roadways and other public facilities. e. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing land use designation/zoning. g. Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. 5. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: a. A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. b. A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. c. Proposed timing and phasing of the development. d. For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. e. A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. (1) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. Metano Bay LUAR June 25, 2002 Page 3 (2) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment andlor rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "( I)" above shall be followed. 6. A check for the review process in the amount of $1,500 made payable to the City Of Boynton Beach. This amount includes the rezoning and the land use application fee. Please prepare and submit the information and documents described above to initiate the continued processing of your application. li~ Dick Hudson. AICP Senior Planner Do~umeml City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.fl.us FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742.6260 (561) 742.6259 Fax From the office of Planning & Zoning TO: (b~ I3dJlt<-G FAX: tJ ->4' 4-g 9 - (''?SOL FROM: DATE: (;12;)02 NUMBER OF PAGES: (including cover) 4- RE: If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. TRAt<SMISSION \lERIFICATION REPORT L-- TIME OS/25/2002 13:58 NAME BOYNTON BEACH P & Z FAX 5513755259 TEL 5513755250 DATE. TIME FAA NO. /NAME DURATION PAGE(S) RESU'_ T MODE OS/25 13: 55 91954489980203325 00:01:54 04 Ok STANDARD ECM