LEGAL APPROVAL
1 ORDINANCE NO. 04- oSf.::.
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING PROPERTY
5 CONSISTING OF APPROXIMATELY 7.29 ACRES
6 AND LOCATED ON THE EAST SIDE OF FEDERAL
7 mGHWAY, NORTH OF CHUKKER ROAD;
8 AMENDING ORDINANCE 89-38 BY AMENDING
9 THE FUTURE LAND USE ELEMENT OF THE
10 COMPREHENSIVE PLAN OF THE CITY FOR THE
11 PROPERTY MORE P ARTICULARL Y DESCRffiED
12 HEREIN; THE LAND USE DESIGNA nON IS BEING
13 CHANGED FROMCH-5 AND MR-5 (PALM BEACH
14 COUNTY) TO SPECIAL HIGH DENSITY
15 RESIDENTIAL; PROVIDING FOR CONFUCTS,
16 SEVERABILITY, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted a Comprehensi ve Future Land Use Plan and as part of said Plan a Future Land
20 Use Element by Ordinance No. 89-38 in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
24 and
25 I
26 I
I
27 I
28 I
I
29
I
30 I
; I
I'
31 II
I
!
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
I S:ICAIOrdinanceslPlanninglLand UselWaterside Land Use.doc
1 incorporated herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land shall be designated as
5 Special High Density Residential (SHDR). Said land is more particularly described as
6 follows:
7 A PARCEL OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
8 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
9 DESCRffiED AS FOLLOWS:
10 COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS
11 , ESTATES FIRST ADDmON" ACCORDING TO THE PLAT THEREOF AS
I
12 ! RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBUC RECORDS OF
13 I, PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE
14 I WESTERLY RIGHT -OF-W A Y LINE OF THE INTRACOASTAL W A TERW A Y;
15 THENCE NORTH 05026'06" EAST ON SAID WESTERLY RIGHT -OF- WAY
16 LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
17 89018'46" WEST 385.00 FEET; THENCE NORTH 05026'06" EAST 4.08
18 FEET; THENCE SOUTH 89018'46" WEST 35.00 FEET; THENCE SOUTH
19 05026'06" WEST 174.98 FEET; THENCE SOUTH 89018'46" WEST 236.14
20 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
21 SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE,
22 WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00"
2 3 AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE
24 CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE
2 5 SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF
26 82.59 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE
27 OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89018'46"
28 WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY
29 I RIGHT-OF-WAY OF U.S. IDGHWAYNO.1 (STATE ROAD NO. 5), SAID
30 I INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE
31 'I WEST, THE RADIUS POINT OF WInCH BEARS NORTH 73025'48" WEST;
32 I THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE
33 I ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A
34 I CENTRAL ANGLE OF 02023'09" AN ARC DISTANCE OF 479.27 FEET;
35 1 THENCE NORTH 89014'41" EAST 245.48 FEET; THENCE NORTH
36 I 05026'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE
37 i PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF
38 '
II
!
's:\CA\Ordinancee\Planning\Land Use\Waterside Land 08e.doc
I
I
1 SAID SECTION 4; THENCE NORTH 89018'46" EAST ON SAID PARAT.T.ET.
2 LINE 274.00 FEET; THENCE SOUTH 06036'55" WEST 40.21 FEET TO
3 THE INTERSECTION WITH A LINE PARAILEL WITH AND 618.85 FEET
4 SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH
5 89018'46" EAST ON SAID PARAT T .HT. LINE 250.00 FEET TO THE
6 INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHI -OF-W A Y
7 LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 05026'06"
8 WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE
9 POINT OF BEGINNING.
10
11 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRA Y
12 BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676
13 SQUARE FEET, 7.2928 ACRES.
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 . shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof
20 ! be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
i
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 : I challenge, or appeal provisions provided by the Florida Local Government Comprehensive
, I
; I
24 i I Planning and Land Development Regulation Act. No party shall be vested of any right by
II
25 i I virtue of the adoption of this Ordinance until all statutory required review is complete and
26 ., all legal challenges, including appeals, are exhausted. In the event that the effective date is
I
;
! established by state law or special act, the provisions of state act shall control.
!
I
i
27
! '
FIRST READING this ~O day of Ju.ly
, 2004.
28
29 I
II
S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc
1 SECOND. FINAL READING and PASSAGE this L day Of~'
2 2004.
3 CITY OF BOYNTON BEAgg, FLORIDA
4
5
6
7 I
8 I
9 ! I
Ii
10 ; I
II
~~ i I
13 ;\
14 i
15 I
16 I'
17
18
19 ATTEST:
20
21
22
23
24 (Corporate Seal)
25
(/
S:\CA\OrdinL~ees\Planning\Land Use\Waterside Land Use.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 July 3, 2004 & July 13, 2004
(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 7.29
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
12.12
b. Categories listed in Item 2 d and above
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 7.29
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
S:IPLANNINGISHAREDIWPIPROJECTSISOUTHERN HOMES OF PALM BEACHIWATERSIDEILUAR 04-o02\SMALL SCALE FORM. RTF
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
existing Land Use:
existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVEUOPMENTDEPARTMENT
PlANNING It ZONING DMSION
MEMORANDUM NO. PZ 04-145
Chair and Members
Community Redevelopment Agency Board
Mayor and City Commission
Dick Hudson, AICP 'W
Senior Planner ~
~
Michael W. Rumpf
Director of Planning and Zoning
June 28, 2004
Waterside/ ANEX 04-002 & LUAR 04-002
To annex the property, amend the Future Land Use Designation
from CHIS and MR-S (Palm Beach County) to Specfal High
Density Residential (20 du/ac) and rezone from GC General
Commercial and Multi-family Residential (Palm Beach County) to
Planned Unit Development {PUDlo
PROJECT DESCRIPnON
Southern Homes of Palm Beach, LLC
Southern Homes of Palm Beach, LLC/Carlos Ballbe-Keith & Ballbe
East side of Federal Highway north of Chukker Road (Exhibit "A'')
7.29 acres
CHIS (Commercial High with an underlying S dwelling units per
acre [du/ac]) and MR-S (Medium Residential at S du/ac) - Palm
Beach County designations
Commercial General (CG) and MUlti-family Residential (MR) _
Palm Beach County zoning
Special High Density Residential (SHDR) at 20 du/ac
IPUD Inti" Planned Unit Development
113 unit townhouse community
Page 2
File Number: ANEX 04-002 & LUAR 04-002
Waterside
Adjacent Uses:
North :
Commercial use to a depth of 150 feet east of Federal Highway
with CHIS land use and CG zoning then single-family residential
development designated MR-S and zoned MR, all located In
unincorporated Palm Beach County
South :
Right-of-way of Chukker Road, then vacant property along
Federal Highway with CHIS land use and CG zoning to a depth of
150 feet, and farther east, single family residential development
designated MR-S and zoned MR all located In unincorporated Palm
Beach County
East:
Intracoastal waterway
Right-of-way of Federal Highway, then developed property
located In unincorporated Palm Beach County designated CHIS
and zoned CG and property In the City of Boynton Beach
designated Special High Density Residential (SHDR) and zoned
IPUD Infill Planned Unit Development
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
West:
1. The request is consistent with the objectives of the Oty's annexation program, relevant
policies In the Comprehensive Plan, and the adopted Federal Highway Confdor
CommunIty Redevelopment Plan.
2. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
3. The proposed development meets the standards expected when a project Is developed
In the IPUD zoning district.
4. There Is a long-standing lack of demand for retail commercial land In the vicinity and a
high proven demand for residential land use In the Federal Highway corridor.
BACKGROUND
When the Comprehensive Plan was adopted In 1989, the Oty Included policies dealing with the
future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to
reduce existing enclaves through voluntary annexation. Palm Beach County has been generally
supportive of this polley, since providing services to these enclaves Is difficult for the County,
and In fact, they rely on the City, through Interlocal agreements, to provide many of the
services. It was envisioned that the properties along the Federal Highway Corridor south of the
Intersection of Old Dixie Highway, Including the subject parcels, would eventually be annexed
Page 3
Ale Number: ANEX 04-002 & LUAR 04-002
WatersIde
Into the Oty and form a retall-orlented corridor, consIstent with the land use desIgnations and
zoning categories assigned by both the City and Palm Beach County and In effect at that time.
For example, the "Problems and Opportunities" section of the support documents suggested
that an appropriate use In this area would be new car dealerships.
Over the past several years, the Oty has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the CIty's Comprehensive Plan
through the establishment of the Special High Density Residential dasslficatlon, Intended to
support redevelopment In the coastal area. This type of development furthered the pattern that
existed In the corridor, south of Woolbright Road, before the adoption of the current
Comprehensive Plan. At the time of Its adoption, there were already 4 developments that
exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial aub) to 32.2 du/ac
(Seagate). The shift has served to replace marginal and sub-standard commercial uses with
residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax
base. The remaining viable neighborhood-serving commercial uses are being concentrated Into
nodes located at major Intersections along Federal Highway-Woolbright Road, Gulfstream
Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the
subject property continues this trend.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
dassifies this amendment as a "small scale" amendment. A "small-scale" amendment Is
adopted prior to forwarding to the Florida Department of Community Affairs and Is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed In the
Land Development Regulations, Chapter 2, SectIon 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonlngs. 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.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which land use amendments and rezonlngs
are to be reviewed as Indicated In Section 9.C.7. where the proposed zoning Is consistent with
zoning or land use recommendations contained In the Comprehensive Plan. Usually In those
Instances, staff analysis relates only to consistency with other relevant portions of the
Comprehensive Plan, the city's annexation program and service capability. In this Instance,
however, the analysis serves to strengthen the case for requesting a land use different from
that of abutting properties.
a. Whether the proposed rezoning would be consistent with applicable comprehensIve
plan polides Induding but not limited to, a prohibition against any Increase In
dwelling unit density exceeding 50 In the hurricane evacuation zone without
fonnulatlon of an emergency hurricane preparedness plan. The planning department
shall also recommend limitations or requirements, whIch would have to be Imposed
Page 4
File Number: ANEX 04-002 & LUAR 04-002
Waterside
on subsequent development of the property, In order to comply with pol/des
contaIned In the comprehensIve plan.
Over the past several years, the Oty has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan
through the establishment of the Special High Density Residential classification, Intended to
support redevelopment In the coastal area. Land use amendments and rezonlngs, which
change designations from commercial use to residential use are particularly consistent with two
policies In the Comprehensive Plan:
"Policy 1.17.1 The Oty shall continue to dIscourage additional commerrial and Industrial
uses beyond those which are culTel7tfy shown on the Future Land Use Map,
except where access Is greatest and Impacts on residential land uses are
least'; and
"Policy 1.19.7 The Oty shall continue to change the land use and zoning to permit only
residential or other non-commerclal uses In areas where the demand for
commercial uses will not Increase, particularly in the Coastal Area. "
The subject property Is located In Planning Area V (Entrances to the Oty) In the Federal
HIghwav Conidor Community Redevelopment Plan, which was adopted by the Oty on May 16,
2001. The plan's recommendations for this planning area Include the following:
"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 area and general economic expanslon.<< (p. 80); and
"Require a transitiora to the adjacent gateway neighborhoods. Create
development standards In the city entrance communities that establish a logical
transition to the gateway communities. Building scale, massing and placement should
be less intense than that of the adjacent planning areas, but substantial enough to
announce an arrival In the City." (p. 81)
In concert with the recommendations cited, the residential density of the proposed
development will help to support the downtown commercial core, as well as the recognized
commercial nodes In the corridor. In addition, It Is proposed at a scale and massing that will
provide a transition into the downtown area, where development standards allow greater
densities and more Intense massing of buildings.
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an Isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of spec/al prlvflege to an Individual property
owner as contrasted with the protection of the public welfare.
The changing development pattern In the Federal Highway corridor has seen an Increase In the
number of residential developments with densities greater than 10.8 du/ac. this type of
Page 5
Rle Number: ANEX 04-002 & LUAR 04-002
Waterside
development furthers the pattern that existed In the corridor, south of Woolbright Road, before
the adoption of the current Comprehensive Plan. At the time of Its adoption, there were
already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac
(Colonial Oub) to 32.2 du/ac (Seagate). The shift In the development pattern has served to
replace marginal and sub-standard commercial uses with residential projects that have been an
enhancement to the esthetics of the corridor, as well as the Oty's tax base, supporting existing
commercial nodes and the downtown core.
The requested map amendment and rezoning would serve to Increase the range of housing
opportunities available In the redevelopment area. At the same time, they will Increase allowed
residential density adjacent to existing single-family homes.
c. Whether changed or changing conditions make the proposed rezoning desIrable.
The request for conversion of parcels designated for commercial uses to Special High Density
Residential for condominium and townhouse development has become more prevalent In the
Federal Highway corridor In the last four years. Often the conversion serves to remove
marginal, and sometimes undesirable, commercial uses. This changing condition serves to
make the proposed rezoning desirable.
d. Whether the proposed use would be almpatible with utility systems, roadways, and
other public fadllties.
Trip generation analyses for the property were prepared by the applicant's traffic consultant,
utilizing two scenarios; the first If the property Is redeveloped under current land use and
zoning, the second If the property Is developed under the requested land use and zoning.
Under the first scenario, the dally trips generated total 4,346 with a PM peak hour total of 399
trips. Under the second scenario daily trips would total 723 or 3,623 fewer trips and 332 fewer
PM peak hour trips. According to link analysis, preformed by Klmley-Hom and AssocIates
during the TCEA application process, the Federal Highway roadway from 23rd Avenue to George
Bush Boulevard has a daily capacity of 29,300 trips at LOS "0", with Average Annual Dally Trips
(MOl) for the year 2003 at 22,n2 trips.
EstImates, based on the City's adopted Levels of Service, Indicate that total potable water
demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day
(gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of
these demands will be made at the time of building permit application submittal. The Oty of
Boynton Beach Is proceeding with plans for the purchase of surplus potable water from Palm
Beach County Utilities, via existing Interconnection points, to supplement Its current capacity.
This purchase agreement will be In effect within a few months and will provide sufficient
capacity to serve this project. Sufficient wastewater capacity Is currently available to serve this
project, subject to the applicant making a firm reservation of capacity, following approval of the
site plan.
According to a review by Rre-Rescue personnel, to meet the increased demand, additional
resources are required such as personnel, apparatus, and equipment. It Is Imperative that Rre
Station #4 be completed and In service by the time these new projects are completed and
Page 6
Ale Number: ANEX 04-002 & LUAR 04-002
Waterside
occupied, and that Are Station #5 be expedited to Insure adequate service delivery levels and
effective response times In the northeast section of the City and as a back-up In the northwest
quadrant and In the downtown corridor of the aty. Station # 4 Is scheduled for completion In
2005; however, Station #5 Is In the early planning stages and no completion date has been
scheduled. It Is Important that Station #1, as currently located, remains In operation as the
first response station for downtown projects such as this. This situation also Increases the
potential for mass casualty events when large numbers of people occupy confined areas. This
Is becoming more prevalent In many areas of the city.
Every added new commercial and multi-family structure Increases the annual fire prevention
Inspection workload as required by ordinance. Although there have been a large number of
these occupancies added In the past several years, Inspection staff has deaeased. This
situation has reached a point that may soon require changes In our Inspection schedules that
may negatively affect our future success. The past and current selVlce level has prevented any
significant fires In these occupancies for several years.
New development projects InvoMng multi-family or hlgh-denslty commercial projects should be
approved contingent upon consideration of future upgrades In emergency dispatch capability.
These enhancements Include new technology related to CAD, GIS, and AVL capability, as well
as adequate staffing. All other factors (personnel, training, technology, fire station placement,
building design features, etc) depend on a reliable and efficient method of getting the resources
provided where they are needed In time to mitigate the consequences of an emergency,
regardless' of the type of response."
Police Department personnel strongly advise that the department Is undennanned and over
tasked and any significant tasking (additional commercial and mUlti-family occupancy) will
undoubtedly have a negative Impact on our ability to provide adequate service unless
Immediately able to compensate for the shortfall In personnel.
Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls In
2000. This Is a 14% Increase In an already Impressive call volume for a city of a little over
60,000. It should also be noted that the department has also Increased arrests by 25% since
2000.
The Police Department recommends, "that proposed sIgnificant Increases In our business and
civilian population be tied to the addition of officers on the force."
With respect to solid waste, the Palm Beach County Solid Waste Authority has 'stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
The School District of Palm Beach County has reviewed the application and has Issued a
statement that the project complies with the adopted Level of Service (LOS) for school
concurrency. The concurrency detennlnatlon Is valid for one year from March 24, 2004, the
date of Issuance. The School DIstrict estimates that the project will generate 9 elementary
school students,S middle school students and 7 high school students. Currently, Roiling Green
Page 7
Rle Number: ANEX 04-002 & lUAR 04-002
Waterside
Elementary School Is at 97% capacity, Odyssey Middle School is at 84% capacity and Boynton
Beach High School is at 102% capacity.
lastly, drainage is being reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
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 proposed rezoning will be compatible with adjacent and nearby properties, and will only
selVe to Increase the value of these properties. Although pockets of Single-family homes will
remain in the Immediate area, the quality of the proposed project will Increase the values of the
subject and nearby properties. Further, despite the Immediate contrast between dwelling units
and density, this contrast is characteristic of the entire waterfront corridor.
f. Whether the property Is physically and economically developable under the existing
zoning.
The property Is currentiy vacant and most probably could be developed; however, with
annexation Into the Oty, the Palm Beach County zoning must be changed to a Oty of Boynton
Beach zoning district C-3 Community Commercial would most: nearly correspond with Palm
Beach County's Commercial General zoning district, and the portion of the property fronting on
Fed~ral Highway could be developed under C-3 Commercial zoning. The remaining portion of
the property, currentiy zoned MRS, could also be redeveloped as single-family residential. This
would forego the opportunity to have the property redeveloped under a unified development
plan.
g. Whether the proposed rezoning Is of a scale which Is reasonably related to the
needs of the neighborhood and the dty as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the Oly and will also support the current trend toward
greater residential uses In this area, economic revitalization, and downtown redevelopment.
h. Whether there are adequate sites elsewhere In the city for the proposed use, In
districts where such use Is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future land Use Element, residential densities of 20 du/ac are permitted in
the Federal Highway corridor to encourage infill development and redevelopment. There are a
limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and
Infill development that this location affords. Nor would development of those available sites
selVe to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
Page 8
File Number: ANEX 04-002 & LUAR 04-002
Waterside
MASTER/SITE PLAN ANALYSIS
The IPUD regulations are Intended to be used In situations where new development or
redevelopment Is proposed within an already developed area or neighborhood located In the
"Federal Highway Con1dor Community Redevelopment Plan6Study Areas I and V. (The site for
Waterside Is In Area V.) A mixture of uses, Including residential, retail commercial and office,
may be allowed to the extent that no land use conflicts will result and the basic Intent of the
Zoning Code and the Comprehensive Plan will. be followed.
It Is a basic expectation that anyone requesting the use of the IPUD district will develop to
standards that exceed the Oty's basic development standards In terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to an IPUD must be accompanied by a detailed master plan or site
plan. In this Instance, an application for site plan approval has been submitted and Is being
reviewed concurrent with this request.
The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on
two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to
3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean
architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and
balconies; all are representative of a relatively high quality architectural design and materials
The max/mum density allowed by the Spedal High Density Residential land use classification Is
20 dulac, and the applicant proposes a density of 15.5 du/ac.
A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal
Waterway. The proposed three-story recreation building would Incl~~e a pool area, and a
clubhouse of approximately 5,000 sq. ft. that Includes a third floor gym and clubroom and a
second floor ballroom elevated over a first floor covered breezeway, which allows ground-level
views of the Intracoastal Waterway.
The IPUD zoning district has no actual building setback requirements, however, the buildings
are arranged In such a way that they would exceed the basic development standards. The site
plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet
from the east property line (rear) and 10 feet from the side property lines (north and south).
The proposed site plan meets all of the expectations of the IPUD zoning district.
CONCLUSIONS/RECOMMENDAnONS
As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan. The
additional Impacts on Infrastructure and services resulting from this project are to be expected
with redevelopment and revitalization activities. The proposed project will be compatible with
adjacent land uses and will contribute to the overall economic development of the Cty.
Therefore, staff recommends that the subject request be approved. If the Planning and
Development Board recommends or the City Commission requires conditions, they will be
Included within exhibit "B".
ATTACHMENTS
I:\Plannlng\SIfARED\WP\PROJECI'5\Southem IIomeI or him IIeach\WItienlde\WAR 04-002\5rAPF REPORT NEW.cIoc:
WATERSIDE: LOCATION MAP
EXHIBIT A
LEGEND
. 15 .
100 110 mo
Fool
w-t.
.
"'" City Boundary
Future Land Uses:
LRC . Local Retail Commercial
: i-
) ';'\ -......,-
CJ
. . .
.....
..............!..-.
- t:J !t~~:,-
~]T-!,=, .....::...
SITE"!, 1.
Cillill....".."...
-......"
. . - . . . . .
,~l':AiN
~
~u
<< ;
...
; ;
.
.
~
-
-,,---~
"",<;e:V1l""
:RIY(
~
iilimiliJ
i'j..:"i1 ;4.-),.1'
"
I (
if <
~
" ~
j ...
"
" '"
if ;.
n -:!
,--
-
~
j' '
(
i
n
j;./'J.
..j-'!,,-
"
~.JiJ:j@~J' :u
....;~~".., .:t;';.~_..
-~
~
.......-' \
I "'
i-';'."" ,
"\;-
~ e..c, L, "'__. \.0.' z>1t..
~
'\
'" I
.:: Vifir,'l'f[AJ'!; )i<~~'~ f
- ',. . . ,{, 1"1
",. '" '.' >,-,..A"-f
o :" ~ - -, r T: r ~ ' j f-
,..--OJu,,. ,jl r,- .s:.,.~_':::~ II 1--... "
. I L ~
~,. p:,..
" .
,- ~I
, ,
, .
'.
r-~
~,
-----.,
+ I
I
,~I
~.
~.
L...:....;
I,
I
j-.
b""j"
,"._, '
"1. ' \~
J
I
I
()
(:;/
I , I
DI' M!Xo/D-USE COREt1;JiQ
I I (MX-C)
~ CONSERVATION ~
(CON)
....&
~'....~
DIFfERENT LAND U
:. :".. ~ ...,'
>.. i l
(og'$l ,[AGRICULTURE ..qA)i
f', -- -":""". u.' '=. '~'..'" ~~r;
. -r_'
I 1~:\~~:RECREA'nONAL . reR) .
":"!M!Xi9M~~~)COR ~\ ~:~v~l:~~VA~~~~'STI~~~~~Al)
~ CONSERVATION' ..... ..'-.-:,.. ..' ..... ~_.-:; (14'~' .'.J~
(PON) m M~~~_D ~s~ .. ~M.3) ",:
~:::~ : DI F F~ R~ ~ T ~A N~, ~u~~ ~-';';~GO RY; ~ N TH Al:SH ~w ~I
-" " '" , ','" , ! j
; ON ~AP.A~.P.L1E>S_ (~SINDIC~ TED B.Y AB'~.~VIAT1~~~.'j
" IF. USE AND. DE'lELQPME.NT.. COMPLIES WITH ~U,S.EJ :',
~ ::~:~I~\~~I~~S;;~~~=~~~~~NEA ~.I~N~~,~;: :~~iLs I
J. ." LCOASTAL MANAGEMENTE,LE~ENTS'.I
" C~ 'CONSERV'~~IO--~'u~V..E.RLAX__.DISTRlcr=:-USE ANp:!
I: '.. , '.
: DEVELOPMENT OF PROPERTY SUBJECT TO
.... Q t:J i.
r;~! "'~~ \ 1,,0/
~"I' I (Ab.L~4, ~ ' "-
~'I~. i' ~IL . ~~-"
i~'\' ..--..- -. W I j ~
!).)' ..__ )1, I. _. '! -- ,
{~; -',.' , . !('10' i~f--.:
\~ ~- ~ t I I' I 0 ,
'); I' -r;-:cf'~I/:. :~:-~ ',.~ 1',/ "
i .!:.,. '. i: ~-~(-'r~~ /1 ,i
~ ~", ,,; Ii! ";
s'-----' '. Ii "~~
r, r-_ I /' f .. I
~"'t' " J"rJ"';'1..h.r"! j
~...i-7;.~"';'.'~'; till ". '. /i ,.1
lt~ / /1 1/ j I r
R~:-~ /' j j,~'.
r...._.~ ..' . {0 I /
.'''--.., . ,~
:'[..Alu:lQ:n.:' .' : r . ( . "
r- . \ Ii;, \ :-----.-. /.
f r I I; ,~ i ---,
, ",.: , i ) f .
1): '-_ow JUt,.. "~....J J
" 7 i I
t':: /)
&I
h.
.~
! I
i 1'----1
. I /
;----,
,---;
-
1
ICJd
,I ,,------.
, ,
~ ' i' , '
Eirlli MEDIUM DEN.sITY~. ~(MeOR)
;. ' : ~.' , ','.'.' ..' .~. '1:~ ~-;{;,.~_,
: . ,MAx 9.68 D.U~/AC'RE~~.;~ "
. ... , :" . 1,., -, .;.'
,
r '. , : ..... iT'."'''' "
..- :iH.I~liDEN;SlTY ~,.. ~(H.DB).._:o:,
, '" " . .I' ", .' "'Y' _
. . M~X 10'8 D,U1'AC-RE! "J: ...;:"
;, tJ .? .' ..; 1_ '-f.... . ~
I1mr' SP'~CfA~-HIGPFDJ;r-~fSYi-y7tS~DR)
I .-,.MAX..2.0-B~-UPiAGRE. ->Ii' '
i ,:.r::'b'0~t\At\~"t:'ge~l;htl;'i,:11!
' (f ::1j:llf~!~~~tL,...,~411r~.c",
~. OPFlcE t (OC).! . . ..:
i .' '. , ~~l ,;, ,.. ;
.; ...--~..-~. _.~....:"'~_..
~
.~
,
~
~
" '.:0"'7-"~
:'LOCAL RETAIL HLRCl;i"
r GENERAL T(G'~')s<'
';~- " ~-.lJ ~T""'iiY
:INDUSTRJAL +~!>:, \',
.;'-1 "
1
!
,'. OTHE-R
1 ~ ~. : ,,~
i
1:) i
ALM BEACH POST
blished Daily and Sunday
kach, Palm Beach County, Florida
P OF PUBLICATION
personally appeared Tracey Diglio, who on oath says
~rvisor of The Palm Beach Post, a daily and Sunday
n Beach in Palm Beach County, Florida; that the
S Notice in the matter of Annexation was published
July 3. & 13. 2004. Affiant further says that the said
at West Palm Beach, in said Palm Beach County,
er has heretofore been continuously published in said
, and Sunday and has been entered as second class
est Palm Beach, in said Palm Beach County, Florida,
ding the first publication of the attached copy of
says that she/he has neither paid nor promised any
;count rebate, commission or refund for the purpose
publication in the said newspaper.
r~
j,l ?~
is 13" illllEJ,in 0
entification
~~-~?
(
,. .n'}6(,! {
:; i,~
NO. 717651
NonCE OF PUBUC HEARING
NonCEOFANNEXAnON
NonCE 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
'PUBLlC HEARING, on Tuesday, July 13, 2004 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 July 20, 2004, and Tuesday, August 3, 2004.
Each Commission hearing will be at 7:00 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:
'~AnON: East side of Federal Highway between Palmer Road
and Chukker Road
REQUEST:
;REQUEST:
UQUEST:
PROPOSED USE:
LEGAL DESCRIPTION:
.
Annex the P-roperty
Amend the Comprehensive Plan Future land'Use Map:
From. Commercial High Intensity & Medium
Residential (P.B. County)
To - Special High Density Residential
Rezone:
From - Multi-Family Residential & General
Commercial (P.B. County)
To -I.P.UD. (InRII Planned Unit Development)
115 Unit Townhouse Community
On File in the Planning & Zoning Division
~:-., - I' , I ~, ---;
'['--," i Me, ': ' "
L...L__L__ ~~L-~ ----~
J-tp,~!-[TJ~TIJ -;--i
'"""
.......
~~:=-c.__
......-.-. .+.
.
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 this 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
PUBUSH: July 3 and 13, 2004
~
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 Tracey Diglio, who on oath says
that she is Telephone Sales Supervisor 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 Notice in the matter of Annexation was published
in said newspaper in the issues of July 3. & 13. 2004. 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 shelhe 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.
.'"
A
1\
~)., (J.. I
"6- ~~I-M' ~
. (J
Sworn to and subscribed before this 13th day of
Personally known XX or Produced Identification
Type of Identification Produced
~'-,...~_.__..~. ''- '"
~lJ' r "1/.. , ~ -~...-----..,__~~
~ ~ KAREl'.! MMCL!"""~'
~ I:JY "I N
~1- ;if cc 979669
E,\I-)f~,.,::,;. .
1-f300..3-NOTARY FI ~ :",..,'..t.>" No~' 75. 2()()4 I
---'--~:'~::~~:.:~c::.;.~~:_~f
::x::
Uw 1..0
<J::u .j
w-
004- 2>
ZlL..
00 x:
~U) ocr
z;~
>-0:3 IJ)
OLd
en_I
4-U -J
~
0)- ~
>-1- ...::7
t:U 0
U
NO. 71:
NOTICE OF PUBI
NOnCE OF AN
NonCE OF LAND U!
, NOTICE OF RI
NOTICE IS HEREBY GIVEN that the C
Board of THE CITY OF BOYNTON e
PUBLIC HEARING, on Tuesday, July 13
HAll COMMISSION CHAMBERS, 10(
to consider this request submilled by Cc
Homes of Palm Beach, llC. The Ci~
BOYNTON BEACH, flORIDA, will also
this request on Tuesday July 20, 2004
Each Commission hearing will be at 7:OC
agenda permits ot the CITY HAll COM
Boynton Beach Boulevard. The request is
LOCATION: East side of Federal High
and Chukker Road
REQUEST:
REQUEST:
Annex the Property
Amend the Comprehensh
From - Commercic
Residential(p.B. Cc
To .. Special High [
REQUEST: Rezone:
From - Multi-Famil,
Commercial {P.B. C
To -I.P.UD. (Infill Pic
PROPOSED USE: 115 Unit Townl
LEGAL DESCRIPTION: On File in the Plann
..-
;:..~~
~.~---....
This request con be viewed between the
p.m. at the City of Boynton Beach Planning
Boynton Beach Boulevard.
All interested parties are notified to appe
or by allorney and be heard, Any persor
decision of the Planning and Development I
respect to any matter considered at this meE
proceedings and for such purpose may 01
record of the proceedings is made, which ree
evidence upon'which the appeal is to be ba
The City shall furnish appropriate auxilic
necessary to offord on individual with a d
to participate in and enjoy the benefits of c
conducted by the City. Please contact Patrie
least twenty-four (24) hours prior to the prog
City to reasonably accommodate your reque
CITY OF BO'Y
PLANNING t
(561) 742-62
PUBUSH: July 3 and 13, 2004
1 : ORDINANCE NO. 04- OS"S
2
3 AN ORDINANCE OF TIlE CITY OF BOYNT,
. BEACH. FLORIDA, ANNEXING 7.29 ACRES OF
5 LAND TIlAT IS CONTIGUOUS TO THE CITY
6 IJMITS WITHIN PAlM BEACH COUNTY AND
7 THAT WIlL. UPON ANNEXATION.CONS1TTUTE A
8 REASONABLY COMPACT ADDmON TO THE
9 CITY TERRITORY, PURSUANT TO ARTIClE I,
10 SECI'ION 7 (32) OF TIlE CHARTER OF TIlE CITY
11 OF BOYNTON BEACH. FLORIDA, AND SBCfIONS
12 171.044, AND 171.062(2), FLORIDA STATUTES;
13 PROVIDING TIlAT TIlE PROPER LAND USE
14 DESIGNATION AND PROPER ZONING OP TIlE
15 PROPERTY SHAlL BE REPUlCTED IN SEPARATE
16 ORDINANCES TO BE PASSED SIMULTANEOUSLY
17 HEREWITH; PROVIDING FOR CONPUCTS,
18 SEVERABILITY, CODIFICATION AND AN
19 EFFECfIVE DATE; PROVIDING TIlAT TIllS
20 ORDINANCE SHALL BE FILEIl WmI TIlE CLERK
21 OF TIlE CIRCUIT COURT OP PAlM BEACH
22 COUNTY, FLORIDA, UPON ADOPTION,
23
24 WHEREAS. the Comprehensive Plan for the City of Boynton Beach requires
25 the development of an Annexation Program; and
26 WHEREAS, Southern Homes of Palm Beach. u.c. through its agent, Carob J.
27 BalbelKetth &. Balbe. Inc.. as owner of the property I1\OIe particularly described
28 hereinafter, has heretofore tiled a Petition. pursuant to Section 9 of Appendix A-
29 Zoning, of the Code of Ordinances. City of Boynton Beach, Florida, for the purpose of
30 annexing a cenain tract of land consisting of approximately L12. acres~ and
31 WHEREAS, the: City of Boynton Beach hereby exClCiaes ill option to annex
32 the following tract of land as hereinafter described. in accordance with Article I.
33 Section 7 (32) of the Charter of [he City and Section 171.044, and 171.062(2), EIm:i..di
34 Statutes; and
35
s: \CA \Ord,n.nee,,\Pl.anning\ANt_..tionC\Watenide Anne_tioft.doc:
WHEREAS, laid tract of land lying and being within Palm
County is
contiguous to the existing city limits of the City of Boynton Beach. ..._ ...Jll. upon it&
annexation, constitute a reuonably compact addition to the City territory.
NOW, 1lIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF
TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~. That each and every Whereas clause is true and com:ct.
~ Punuant to Anicle I. Scction 7 (32) of the Charter of the City of
Boynton Beach, Florida and Section 111.044. Florida Statutes the following described
unincorporated and contiguous tract of land situated and lying and being in the County
10 of Palm Beach, Florida, to wit:
11 A PARCEL OF LAND IN SECflON 4, TOWNSIIIP 46 SOU11l, RANGE 43
12 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY
13 DESCRWED AS FOllOWS:
14 COMMENCE AT TIlE NORTl!EAST CORNER OF LOT 48, "TRADE WINDS
15 ESTAlCS FIRST ADDmON" ACCORDING TO TIlE PLATTIIEREOFAS
16 RECORDED IN PLAT BOOK 22, PAGE 44 OF TIlE PUBUC RECORDS OF
17 PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON TIlE
18 WESTERLY RIOHT.()F.WAYLINE OF TIlE INI'RACOASTAL WATERWAY;
19 lHENCE NORTII 05"26'06" EAST ON SAID WESTERLY RIGHT .()F-W A Y
20 LINE 365,92 FEET TO 11IE POINT OF BEGINNING; lHENCE SO\lI'H
21 89'18'46" WEST 385,00 FEET; lHENCE NORTII 05'26'06" EAST 4,OS
22 FEET; THENCE SOU11l89'18'46" WEST 35.00 FEET; TIlENCE SO\lI'H
23 05'26'06" WEST 174,98 FEET; TIlENCE SOU11l89'18'46" WEST 236,14
2. FEET TO A POINT OF CURV A11JRE OF A CIRCULAR CURVE, CONCAVE
25 SOUTHEAST; TIlENCE SOtmlWESTERLY ON TIlE ARC OF SAID CURVE,
26 WITH A RADIUS OF 102,47 FEET AND A CENTRAL ANGlE OF ]4"34'00"
27 AN ARC DISTANCEOF6L82 FEET TO A POINT OF REVERSE
28 CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTIIWEST; TIlENCE
29 SOUTHWESTERLY ON TIlE ARC OF SAID CURVE. WITH A RADIUS OF
30 82.59 FEET AND A CENTRAL ANOlE OF ]4"]4'00" AN ARC DISTANCE
31 OF 49.83 FEET TO A POINT OF TANGENCY; TIlENCBSOU11lSS"18'46"
32 WEST 94,20 FEET TO TIlE INTERSBCTION WITH TIlE EASTERLY
33 RIGHT-OF- WAY OF U,S.IUGHW A Y NO, I (STATE ROAD NO, 51, SAID
34 INTERSECTION BEING ON TIlE ARC OF A CIRCULAR CURVE, CONCAVE
35 WEST, TIlE RADIUS POINT OF WInCH BEARS NORTIl73"25'48" WEST;
36 TIlENCE NORTHERLY ON SAID EASTERLY RlGHT.()F-WAY AND ON TIlE
37
., \C\\Ordi~""e.'PlatUlu'W\"""-.tion. 'Wu.er.ide """-,,.tlon,doc
1 ARC OF SAID CURVE, WITH A RADIUS OF II,S09.2O FIlET AW
2 CENTRAL ANGLE OF 02'23'09" AN ARC DISTANCE OF 479.27
3 THENCE NORlH89'14'41" EAST 24'-48 FIlET; THENCE NORTh
4 OS"26'06" EAST 95,70 FIlET TO nm INTIlRSECTION WITH A LINE
5 PARAll.EL wrm AND 578,97 FEET SOUTH OP nm NORlH LINE OF
6 SAID SECTION 4; THENCE NORlH 89.18'46" EAST ON SAID PARAll.EL
7 LINE 274.00 FIlET; THENCE SOUTH 06.36'5S" WEST 40,21 FIlET TO
8 nm INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FIlET
9 SOUTH OP TIlE NORlH LINE OF SAID SECTION 4; THENCE NORlH
10 89.18'46" EAST ON SAID PARAU.EL LINE 250.00 FEET TO nm
11 INlllRSECTION WITH TIlE AFOREMENI1ONED WESTERLY RIGHT .oP-W A Y
12 LlNEopnm INTRACOASTAL WATERWAY: THENCE SOUTH OS.26'06"
13 WEST ON SAID WESTERLY RlGHT.OP-W A Y LINE 31S,29 FIlET TO TIlE
14 POINT OF BEGINNING.
15 SAID LANDS SrnJATE,LYING AND BEING IN TIlE CITY OFDEUl.AY
16 BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676
17 SQUARE FIlET. 7.2928 ACRES,
I'
19 is hereby annexed to the City of Boynton Beach. Florida. and such land so annexed
20 shall be lUld become pan of the City with the same foroe and effect as though the same
21 had been originaJly incorporated in the territorial boundaries thereof.
22 Section 2: ThlU Section 6 and 6{a) of the Charter of the CiIY of Boynton Beach,
23 orida. is hereby amended to reflect the annexation of said tract of land more particularly
2 ( scribed in Section 1 of this Ordinance.
2 5 ~ That by Ordinances adopted simultaneously herewith. the proper Cily
26 oning designation and Land Use category i5 being determined as contcmplated in Section
27 17 Ll62(2) Florida Sbtutes
28 ~ All ordinances or parts of ordinances in conflict herewith are hereby
29
3 0 ~ Should any section or provision of this Ordinance or any portion themof
31 declared by a court of competent jurisdiction 10 be invalid. such decision shall not affect
32 remainder of this Ordinance.
33
34 a,\CA\Ordin""",.n\Planniog\"""...ti.on.\Wate..-iu ~Uon.doc
~ Thi$ Ordinance aball not be passed until the wr
'>em advertised
for two (2) consecutive weeks in a newspaper ot general circulation if. ...:ity of Boynton
3 Beach, Florida. as requited by the City Charter and Section 171,044. Rorida Statutes.
~ This ordinance shall become effective immediate.ly upon p8S$Agc.
~ Specific authority is hereby given 10 codify this Ordinance.
~ This ordinance. after Mdoption, shall be filed with the Clerk of the
Circuit Court of PaAm Beach County. florida.
FlRSTREADINGthi...!lQ..dayof Ju.11 .2004,
SECOND. FINAL READING and PASSAGE thi...2..- day of ~ 2004,
10 CITY OF BOYNTON BEACH. FlDRIDA
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27
28
29
S, \CA \ord1nane.., Ph..Ul.ino\Annto....t. ior..'lMt.....icle Annex.Uon. doc