APPLICATION
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MAX DEV.LOPERS, ZHC.
1101 North Conqress Avenue, Suite 201
Boynton Beach, Florida 33462
407-731-1630
J'anua:ry 6, 1002
Mr. Chris Cutro
ci~y of Boynton Beach
Post Offioe BOX 310
Boynton Beech, FL 33425
RE: Conditionol Use
Dear Chris:
Attached please find two (2) copies of our Conditional Use
Application to allow Motorola to lease 7,111 squore fee~ at the
Boynton promenade tor an office/training facility.
AS you know the property is zoned commercial for retail and office
use, however, as Motorola will use part of the space for training
purposes we are seeking approval tor a oonditional use.
The space in question is the 7,111 square foot second story space
above the retail portion of the Boynton Promenade. This space was
most recently leased to a restaurant and prior to the restaurant
the space was leased to a health spa/gym. Thus the Motorola use is
much less intensive: "than the previous uses, as it relates to
parking and traffic requirements. We feel that this use is ideal
and hope that the city feels the same way.
If you have any questions regarding the application, please call me
or Reese Jarrett.
Ii',
;k
fhn I- Hoecker
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\ CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and
must accompany all applications submitted to the Planning Department.
(2 copies of application required)
PHONE:
PROJECT NAME: ~ 0{) '( AJ T D ~
AGENT'S NAME: ~ LV ~ .
ADDRESS: J ))0.
PHONE:
rY) 4,X D G U ~ L- 0 P 6' vJ-S / L J<J Co ~
I/o/' ;(/. C-o u.) ~ A(.; > 5 n-t/E 5OtlC.cJ(
l) '0 (ziP Code)
fJr; V /U T t; 10 D 6" ftCI! (:::: L- 3' 5 ~ ~ 6'
(j/ 7) 2 51 - /6' lO FAX: f~ -;:) 73/ - ;2 IS: <;5,
OWNER'S NAME:
(or trustee)
ADDRESS:
PROJECT
LOC~ION: /(01
(not legal description)
>>.
Co~66~> riVe
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and other
. materials will be forwarded.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.App
( 2 )
RECEIVED
JAN 4 1993
Fee
It t!fId
of#' {5eo .-
File No.
CONDITIONAL USE APPLICATION
Date Submitted: / ;;;... /3 ( /? d
, .
Applicant Name: ~l-f.J .J l:foE'-l<e(.)..
Applicant Address: / / 0 / ,vI> c r; xJ 6 lite=; 5 S ,If t/E oS t/ / r E C)e> I
~if)YI()TD.c..-> E€At:..H . FL... '=?s'/;:),,6
~ (Zip Code)
Phone: ~,o 7) 73/-//; '3t) Fax: 1-(07 SB6 0..5'"70
Site Address: / /0 / AJ t) C. 0 M 6 &.. e,-;S A l/ ~. S...t.' I ,~ 6d y,v/~..J
. t3 el4.
Legal Descr iption: A T r,q c::.. I-f 6 z::>
Project Description:
711/ S.F 0 F F~'c.c= /r RJ4.l';u,;U ~ <~-0 Tc-1fJ....
VVl 4- f 1) G vi ~ t. () () e )4.~, t.&AJ c..
r c... f{ It " f..1t.\ It lAi
The OWNER has hereby des-
ignates the above signed
person to act as his agent
in regard to this
petition. (To be executed
when OWner designates
another to act on his
behalf. )
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 3 )
CONDITIONAL USE APPROVAL APPLICATION
I. GENERAL INFORMATION:
a. All property owners located within four hundred (400) feet
surrounding the subject parcel shall be notified.
b. The ownership of all surrounding properties as submitted
by the applicant, shall be reviewed by the City Clerk, who
shall notify the owners by regular mail of the date and
purpose of the public hearing held in conjunction with the
conditional use application.
c. Notice of the public hearing shall also be advertised in a
newspaper pUblished in the City at least ten (10) days in
advance of the hearing.
d. At the public hearing held by the Planning and Zoning Board,
evidence for or against may be presented.
e. The Planning and Zoning Board may recommend approval,
approval with modification or denial of the application
subject to the standards provided in Ordinance No. 76-46. A
written report of the Board's findings shall be forwarded
to the City Commission.
f.
At a regular meeting, the City Commission may approve,
approve with modification or deny the application subject
to the standards provided in Ordinance No. 76-46.
g.
Each new application for conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach
as per the attached fee schedule.
h.
Each application for an extension in time of a conditional
use approval shall be accompanied by a fee payable to the
City of Boynton Beach for one hundred and twenty-five ($125)
dollars. Such application shall be submitted to the
Planning Director not less than 45 days prior to the
expiration of the approval.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 4 )
CONTENTS OF THE CONDITIONAL USE APPLICATION
II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for
conditional use shall contain two (2) copies of the following
items:
a. Statement of the applicant's interest in the property to be
developed, including a copy of the last recorded Warranty
Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple
title holders of record of the subject property are, and the
nature and extent of their interest therein, and
1. If joint and several ownership, a written consent to
the development proposal by all owners of record, or
2. If a contract purchase, a copy of the purchase contract
and written consent of the seller/owner, or
3. If an authorized agent, a copy of the agency agreement
and written consent of the principal/owner, or
4. If a lessee, a copy of the lease agreement and written
consent of the owner, or
5. If a corporation or other business entity, the name of
the officer or person responsible for the application,
and written proof that said representatives have the
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
SV8~'Tr~P b. Legal survey, prepared by a surveyor registered in the State
u)/ 0 l~FI~E of Florida, showing an accurate legal description of the
~4~ v~vGLop~eQisubject property, and the total acreage computed to the
nearest one-hundredth (1/100) of an acre (these two surveys
are in addition to the surveys required on page 6 of this
application, Sec. 111.19.).
c. Vicinity map, showing the location of the subject property
in relation to the surrounding street system.
d. Drawing showing the location of all property lying four
hundred feet (400) adjacent to the subject parcel, and a
complete list of the property owners' names, mailing
addresses and legal descriptions. The owners of property
shall be those recorded on the latest official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge, said
list is complete and accurate.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 5 )
III. SITE PLAN REQUIREMENTS f P-E: V I ~ V :; L Y S cJ .B 14-11 lIE [) Fo It.
OFFILc A1J4X f:)eVhL.OP'#5',v/,
The following materials are to be submitted in seven (7) copies.
Each set of plans must be stapled together in a single package to
submit 7 sets or packages of plans. Scale of drawings must be
200 ft. to the inch. For requests which require review by the
Planning and Zoning Board, nine (9) sets or partial sets,
comprised of only a site plan, landscape plan, typical floor
plans and building elevations are required in addition to the
seven (7) full sets mentioned above. For requests which do not
require review by the Planning and Zoning Board, three (3)
partial sets are required in addition to the seven (7) full sets.
Incomplete site plans will not be processed.
(check)
1. Boundaries and dimensions of the parcel.
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all
streets, alleys, sidewalks, turn lanes, driveways
and unimproved rights-of-way within one-hundred
(100) feet of the site. Also, names of adjacent
streets and rights-of-way.
5. Location of all proposed structures, and any
existing structures that are to remain on the site.
6. Setbacks of all structures (over 3 ft. in height)
from property lines.
7. Use of each structure, indicated on the site plan.
8. Number of efficiency, l-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to be
indicated on site plan.
9. Indication of height and number of stories of each
structure.
10. Indication of structures, equipment, etc., above
45 foot height, including height in excess of 45
ft.
11. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structures.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures;
including materials, surface treatments, and color
scheme of all exterior surfaces, including roofs.
15. Indication of the numbers and types of recreational
facilities to be provided for residential developments.
16. Indication on site plan of location, orientation, and
height of all freestanding signs and wall signs.
17. Location of walls and fences, and indication of their
height, materials, and color.
18. A landscape plan, showing conformance with the
Landscape Code and Tree Preservation Code, and
showing adequate watering facilities. Plants must be
keyed out according to species, size and quantity.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 6 )
19. A sealed survey, by a surveyor registered in the State
of Florida, and not older than six (6) months, showing
property lines, including bearings and dimensions;
north arrow, date, scale, existing structures and
paving, existing elevations on site, rights-of-way and
easements on or adjacent to the site, utilities on or
adjacent to the site, legal description, acreage to the
nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and
locations of existing trees and shrubs, including
common and botanical names, and indication as to which
are to be retained, removed, relocated, or replaced.
20. Location of existing utility lines on or adjacent
to the property to be indicated on the site plan, in
addition to being shown on the survey. Also, location
of existing fire hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards
set forth in Article X, Section 16 of the Subdivision
and Platting Regulations.
22. Fire flow calculations justifying line size for both
on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as
per City specifications.
24. Information regarding form of ownership (condominium,
fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster
facilities. All garbage dumpsters must be so located
to provide direct access for the City front-end
loaders, and the dumpster area must be provided with
adequate width and height clearance. The site must be
so designed to eliminate the necessity for the
front-end loader to back into any street. If any use
requires the disposal of wet garbage, a ten foot by ten
foot (10' x 10') concrete slab shall be provided. All
dumpsters must be screened and landscaped in accordance
with the City Landscape Code (see Sec. 7.5-35(i)). A
minimum 10 foot wide opening is required for dumpster
enclosures.
26. A parking lot design and construction plan showing
conformance to the City Parking Lot Regulations, and
including the following information. Any exceptions to
the Parking Lot Regulations that are proposed or that
are to continue will require an application for
variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car
stops, and double striping.
c. A cross-section of materials to be used in the
construction of the parking lot.
d. A lighting plan for the building exterior and
site, including exterior security lighting, and
lighting for driveways and parking lots; to
include the location of lighting standards,
direction of lighting, fixture types, lamp types
and sizes, and average illumination level(s) in
footcandles.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 7 )
e. Information showing conformance with the City
Street and Sidewalk Ordinance, including
construction of sidewalks along adjacent public
streets.
f. Location of existing and proposed public and
private streets, including ultimate rights-of-way.
g. On-site traffic plan, including arrows and other
pavement markings, traffic signs, and stop signs
at exits.
h. Location of handicap parking spaces, plus signs
and access ramps, consistent with the State
Handicap Code.
i. A drainage plan for the entire site, including
parking area; to include finish grade and pavement
elevations, drainage calculations, and details of
the drainage system. If the total impervious area
on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations
must be prepared by an engineer registered in the
State of Florida, and must be sealed. Percolation
tests must be provided with drainage calculations.
j. Existing elevations on adjacent properties, and on
adjacent rights-of-way.
27. Where conformance with the County's Environmentally
Sensitive Lands Ordinance is required, an Application
for Alteration of Environmentally Sensitive Lands
(Environmental Impact Study) must be submitted to the
Palm Beach County Department of Environmental Resources
Management (copy to City) prior to or concurrent with
the submittal of the site plan to the City.
28. For projects that generate more than five hundred (500)
net trips per day, a traffic impact analysis must be
submittd which complies with the Municipal
Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
a. 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 60
days prior to the deadline for site plan approval,
in order to allow for timely processing of the
site plan 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.
b. 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
least 30 days prior to the deadline for site plan
approval, in order to allow for timely processing
of the site plan 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 "a" above
shall be followed.
NOTE: Failure to submit traffic impact analysis in the manner
described above may delay approval of the site plan application.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 8 )
29. In addition to the above requirements, the
following items shall be submitted to the Planning
Department no later than the site plan deadline:
a. One copy of colored elevations for all buildings
and signage to be constructed on site. These
elevations must be of all sides of each type of
building and signage proposed and the colors
proposed must be accompanied by a numerical code
from an established chart of colors. Elevations
must also include information related to building
materials. All elevations must be submitted on
24" x 36" drawings. Buildings constructed will be
inspected on the basis of the elevations submitted
to the City and approved by the City Commission.
Failure to construct buildings consistent with
elevations submitted will result in the
Certificate of Occupancy being withheld.
b. A transparency of the site plan (maximum size of
8-1/2" x 11"). At the discretion of the
applicant, the Planning Department will prepare
transparencies from the site plan document.
However, the Planning Department will not be
responsible for poor quality transparencies which
result from the submission of poor quality site
plan blueprints, and poor quality transparencies
will not be presented to the Planning and Zoning
Board or City Commission.
c. Colored photographs of surrounding buildings
(minimum size 8" x 10").
30. Any other engineering an/or technical data, as may
be required by the Technical Review Board to determine
compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the
Technical Review Board, if such information is deemed
to be non-essential by the Board.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
IV. SITE DATA . f..GtJ/~vst.r :5 v:B~ I 17'-0 ~O!,-- (9)
() ~ /==- ( c.. 6"" M JC/ Y D E V G t- 0 p.-H c- ,11/ I.
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1. Land Use Category shown in
the Comprehensive Plan
2. Zoning District
6 · (<) ")
acres
sq . ft.
3.
Area of Site
4. Land Use -- Acreage Breakdown
a.
b.
c.
d.
e.
g.
h.
i.
f.
Residential, including acres % of site
surrounding lot area or
grounds
Recreation Areas *
(excluding water area) acres % of site
Water Area acres ,% of site
Commercial p,5d acres / r;?) 7> % of site
, -
Industrial acres % of site
Public/ln- acres % of site
stitutional
Public, Private, and acres % of site
Canal Rights-of Way
Other (specify) acres % of site
Other (specify)
% of site
acres
j .
Total Area of Site
6..<'{ <? rtL.
% of site
100
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
Ground Floor Building 7Sooc> + sq. ft. /0 D
Area ("building footprint")
a.
b.
c.
% of site
Water Area
sq. ft.
% of site
Other Impervious Areas, including
paved area of public & private
streets, paved area of parking lots
& driveways (excluding landscaped areas),
and sidewalks, patios, decks, and
athletic courts. sq. ft.
% of site
d.
Total Impervious Area
% of site
sq. ft.
e.
f.
Landscaped Area Inside of
Parking Lots (20 sq. ft.
per interior parking space
required--see Sec. 7.5-35(g)
of Landscape Code
% of site
sq.ft.
Other Landscaped Areas,
excluding Water Area
% of site
sq.ft.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
g.
(10)
i.
Other Pervious Areas.,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas sq. ft. % of site
Total Pervious Areas sq. ft. % of site
Total Area of Site sq. ft. 100 % of site
h.
6. Floor Area
a.
b.
c.
d.
e.
f.
g.
Residential
sq. ft.
sq. ft.
sq. ft.
sq. ft.
commercial/Office
Industrial/Warehouse
Recreational
Publici
Institutional
sq. ft.
Other (specify)
/J1 0 r D fA. () <. ;oq..
Other (specify)
711 J sq.ft.
o,=- FI c...t!: / T 1t4 /, If) l,j)"
.
sq. ft.
h. Total Floor Area sq. ft.
7. Number of Residential Dwelling Units
a. Single-Family Detached dwelling units
b. Duplex dwelling units
c. MUlti-Family (3 +
attached dwelling units
(1) Efficiency dwelling units
(2 ) 1 Bedroom dwelling units
(3 ) 2 Bedroom dwelling units
( 4) 3+ Bedroom dwelling units
d. Total MUlti-Family dwelling units
e. Total Number of Dwelling
Units
8. Gross Density Dwelling Units Per Acre
9.
Maximum Height of Structures on Site
feet
stories
10. Required Off-Street Parking
a.
Calculation of Required
Number of Off-Street
Parking spaces
b.
Off-Street Parking Spaces
Provided on Site Plan
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
(11)
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does
hereby acknowledge, represent and agree that all plans, specifica-
tions, drawings, engineering, and other data submitted with this
application for review by the City of Boynton Beach shall be reviewed
by the various boards, commission, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and
any such party reviewing the same shall rely upon the accuracy
thereof, and any change in any item submitted shall be deemed material
and substantial.
The undersigned hereby agrees that all aspects of the proposed
project shall be constructed in strict compliance with the form in
which they are approved, and any change to the same shall be deemed
material and shall place the applicant in violation of this applica-
tion and all approvals and permits which may be granted.
The applicant acknowledges that the City of Boynton has all
rights and remedies as provided for by the applicable codes and
ordinances of the City of Boynton Beach to bring any violation into
compliance, and that in the event of enforcement action by the City,
the applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any costs, expense, claim, liability or any action
which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO THIS
2>ec..€''''1i3e P- ,19 12--.
31
DAY OF
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
(12)
NOTICE TO APPLICANTS
Effective October 12, 1984, the procedures for processing site plans
for Community Appearance Board review have changed. In this regard,
please read the following procedures completely and carefully and
comply with all items, or you plans will not be approved in the
standard 21 day format.
On Friday (or Thursday in the instance of a holiday) preceding the
Planning and Zoning Board regular meeting, the applicant shall submit
to the Community Appearance Board Secretary, between the hours of 8
a.m. and 5 p.m. only, the following documents:
1. An original of the Community Appearance Board application
filled out completely and legibly, and if the legal
description is lengthy, it may be attached as an exhibit.
2. Three sets of the proposed landscaping plans, building
elevations and tree survey when required.
3. A copy of the Technical Review Board staff comments to
include a location map. These documents will be available
in the Office of the Planning Director by 8 a.m. on the
above-referenced Friday or Thursday in the instance of a
holiday.
Those applicants requesting relief from any section of the landscaping
code must complete an application for Appeal of Administrative
Decision. This form must be filled out completely and legibly to
include the Administrative Official's explanation of justification.
This form must be submitted in addition to all documents listed above
and in the same time frame.
Applications for Community Appearance Board review and for an Appeal
of Administrative Decision are available from the Deputy Building
Official or Community Appearance Board Secretary.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
( 13)
A F F I D A V I T
STATE OF FLORIDA
ss.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED J 0 t+ ~ ,\
HO r::: c- ~E k. , WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best
of his knowledge, a complete and accurate list of all
property owners, mailing addresses and legal descriptions as
recorded in the latest official tax rolls in the County
Courthouse for all property within Four Hundred (400) feet
of the below described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me' ti i
=-e~ ~""- be R. A.D., 19 9;l..
~~ d. L1J~~
Notary Public
State of Florida at Large
~Y Commission Expires:
r!~~lnry r-~;i!rrf'1 S~.;.!r!;,~ ~i rrC';r~~,J
~,. ~[,~""I":::<.,.7..-,-,.f' f~- J:,_! ...
fi''' "',,''',,' ,;"", ,. '^.~, ,,~ . ~a4
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_ iQn':iW r~l~ ';~l fllin .lm~r"nl'O iiI_
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
(14)
SOLID WASTE CONTAINERS
1. All dumpsters should be placed on a concrete pad ten (10)
feet wide with an appropriate depth and be screened on three
(3) sides.
Ref: Boynton Beach Code (Environmental Regulations)
2. Collections and Removal of Solid Waste:
(a) Frequency of solid waste removal - the owner or tenant
of any premises, business establishment or industry is
responsible for the satisfactory removal of all solid wastes
accumulated by him on his property or his premises.
Excepting disruptions in normal collection schedules,
garbage should be collected a minimum of two (2) times a
week. More frequent removal may be required.
Ref: State of Florida - Resource Recovery and Management
Chapter 17-7 17-7, 251 L 2.2A
3. To alleviate improper dumpster locations, all contractors,
builders, superintendents, etc., are to request an on site
inspection by Public Works personnel prior to pouring pads,
and fencing in dumpster sites.
Public Works telephone
734-8111
Ext 424
ROBERT EICHORST
Director, Public Works
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
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.OTI CE TO APPLI CANTS FOR A... .dROVAL OF LAND ( 1 7 )
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June 1,
1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road
facilities) would be available to serve the project, consistent with
the levels of service which are adopted in the City's Comprehensive
Plan:
- Building permit applications for the construction of improvements
which, in and by themselves, would create demand for public
facilities.
- Applications for site plan approval.
- Applications for conditional use approval.
- Applications for subdivision master plan approval.
- Applications for preliminary plat approval.
- Applications for final plat approval.
- Applications for rezoning to planned zoning districts.
- Applications for revisions to any of the applications listed above,
which would increase the demand for any pUblic facility.
- Any other application which, in and by itself, would establish the
density or intensity of use of land, or a maximum density or
intensity of use of land.
* Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle trips
per day, must comply with the Palm Beach County Traffic Performance
Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be
exempt from the Concurrency Management Ordinance, pending final
approval of this ordinance by the City Commission:
- Applications for the development of property which was platted on or
after January 13, 1978 and either the final plat or the preliminary
plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of
the property is consistent with the general use which was intended
for the property at the time of platting.
- Applications for the development of property which was platted prior
to January 13, 1978, the area of the platted lots does not exceed 2
acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
- Applications for building permit, if a site plan or conditional use
application was submitted prior to June 1, 1990 and subsequently
approved, and the site plan or conditional use has not expired.
- Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
- Applications for approval of final plats, if the preliminary plat
and application for Palm Beach County Health Department permits for
utilities have been submitted prior to June 1, 1990.
- Applications for revisions to previously approved development order~
or permits, which do not increase the demand for any public facilitJ
Please be advised that these exemption rules are tentative and will bE
subject to final approval by the City Commission. If you have any
questions concerning the proposed Boynton Beach Concurrency Managemen1
Ordinance, please contact the Boynton Beach Planning Department at
(407) 738-7490.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
(18)
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted at City
Commission and Board Meetings
Any documents prepared by applicants which are distributed at the
public meetings must be provided, at a minimum, in the following
quantities in order to allow each Commission or Board member to have a
copy, as well as the City Manager, City Attorney, and Recording
Secretary, Planning Director, and Building Official:
City Commission:
10 copies
Planning & Zoning Board:
12 copies
Community Appearance Board:
12 copies
Also, for any site plans, master plans, and elevations which are
submitted for the record at Commission or Board meetings, and which
are revisions to plans or elevations which were previously submitted
to the City, six (6) copies of the revised plans or elevations must be
subsequently submitted to the Planning Department. Furthermore, any
colored elevations which are exhibited to the Boards or Commission
which are different from those which were previously submitted must be
submitted to the Building Department so that the building color and
elevations can be inspected prior to the issuance of a Certificate of
Occupancy. These measures will allow the City to have an accurate
record of the project as it was approved by the Commission or the
Boards, and will allow for the efficient inspection of the project.
PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
_I
IJ
NO\/-1O-1992 03:U5pm 7'2-34505'1
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ORB 74 /1 P9 1541
Con 3,900,000.00 Doc 27,300,O(
CLERK OF THE COURT - PB COUNTY, FL
SPECIAL
WARRANTY DEED
THIS INDENTURE made as of the )J-/v day of November, 1992, by
and between CS, INC., a Texas corporation, qualified to transact
business in the State of Florida under the fictitious name of CS OF
TEXAS, INC., whose mailing address is: 1000 Wilshire Blvd., 21st
Floor, Los Angeles, California 90017-5624, Asset Management
Division, County of Los Angeles, State of California, party of the
first part, and MAX DEVELOPERS, INC., a Florida corporation, whose
mailing address is: 1101 North Congress Avenue, Suite 201, Boynton
Beach, Florida 33426, party of the second part.
Grantee's Taxpayer I.D. No.
65-0358968
Tax Parcel 10 No. 08-43-45-19-05-015-0040
WITNESSETH, that the said party of the first part, for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other valuable consideration to it in hand paid by the said party
of the second part, the receipt of which is hereby acknowledged,
has granted, bargained and sold to the said party of the second
part forever the land, situate, lying and being in the County of
Palm Beach, State of Florida, more particularly described as
follows:
See Exhibit "A" attached hereto and by
reference made a part hereof.
TOGETHER with all the tenements, hereditaments and appur-
tenances, with every privilege, right, title, interest and estate,
dower and right of dower, reversion, remainder and easement thereto
belonging or in anywise appertaining.
SUBJECT to those matters set forth in Exhibit "BIl attached
hereto and by this reference incorporated herein.
TO HAVE AND TO HOLD the same in fee simple forever.
And the said party of the first part does covenant with the
said party of the second party that it is lawfully seized of the
said premises, that said premises are free of all encumbrances save
and less the exceptions set forth above, and that it has good right
and lawful authority to sell the same: and the said party of the
first part does hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons
claiming by or through party of the first party but against no
others.
~prepared By and Rerum To;
MARY JO CARNEY
\ Powell, Carney, Moore,
Hucks & Olson, P.A.
P,O. Box 1689
St. Pelersburg, FL 33732-1689
CFBOY.Ol!l\91.0394\102492\CFBOY#3\Ml0MS
Special Warranty Deed
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IN WITNESS WHEREOF, the said party of the first part has
caused these presents to be executed by its duly authorized
representative.
Signed, sealed and delivered
in the presence of:
CS, INC., a Texas corporation quali-
fied to transact business in the
state of Florida under the fic-
titious name of CS OF TEXA~J INC.
/j 7:)
By: &1/" ~L~~d-
../ "C/!1'.....()L L. Pt/;-,f\r;:.'MtJ"N..
(Print name of officer on this l J~'- --
Its y/~ presi9-4li~~~"o.rr'^^:~"^'r^
, . ~'.:' I I ~,
~uv (! jJ,,~
I re:~.es.4 e. PIh..N.4
(Print name of witness on this line)
J-lW l'ln C~~
M I} 1\ I ,4 ..~. ,; / /-0 cft.M Z_
(Print name of witness on this line)
(CORPORATE SEALi
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Address:
1000 Wilshire Blvd., 21st Fl.
Los Angeles, CA 90017-5624
~~ . .. . " . .~
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, (..1wt-f!.ot...Cj'N' L-. ('IHLH"(..'~' , as VI<!t" President of
CS, INC., a Texas corporation qualified to transact business in the
State of Florida under the fictitious name of CS OF TEXAS, INC., to
me well known, and known to me to be the individual described in
and who executed the foregoing deed. He or she is personally known
to me or has produced as identification and
did not take an oath.
WITNESS my hand and official seal at Los Angeles, County of
Los Angeles, State of California, this Jff~ day of November,
1992.
~,~ t! .u
~f:s,4 (!.. '7h.N/f-
(Print name of notary public on this line)
Notary Public
( SEAL)
My commission eXPires:~'~~ ~/9?r
OFFICIAL SEAL
TERESA C. PALMA
Notary Public-California
LOS ANGELES COUNTY
My Commission Expires
February 3. 1995
CFBOY,Olfl\9U139411oz.t<mCPBOY#3\MJelMS
SpeclaI Warranty Deed
2
PARCEL 1.
.
~
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AIt
Being a Tract of land located in Section 19, Township 45 ~outh, Range 43 East, County
of Palm Beach, Florida and further described as follows:
Beginning at the Southeast Comer of Section 19, Township 45 South, Range 43 East;
thence North 00059'39" West along the East line of said Section 19, a distance of 2728.11
feet to a point; thence South 89000'21" West a distance of 60.00 feet to a point on the
Westerly right-of-way line of Congress Avenue, said point being the principal point and
place of Beginning of the following description:
Thence South 43032'54" West a distance of 28.51 feet to a point; thence North 00059'39"
West a distance of 10.00 feet to a point; thence South 88005'26" West a distance of 32.00
feet to a point; thence south 00059'39" East a distance of 30.00 feet to a point; thence
South 88005'26" West a distance of 418.00 feet to a point; thence North 00059'39" West
a distance of 609.99 feet to a point; thence North 88005'26" East a distance of 430.00 feet
to a point; thence South 46027'06" East a distance of 56.11 feet to a point on the Westerly
right-of-way line of Congress Avenue; thence South 00059'39" East along the Westerly
right-of-way line of Congress Avenue; a distance of 529.99 feet to the principal point and
place of beginning.
TOGETHER WITH the Nonexclusive perpetual right, privilege and easement for the benefit
of the property for the limited purpose of pedestrian and vehicular ingress to an egress
from the property over the following described Parcel 2 and Parcel 3.
PARCEL 2.
BOYNTON BEACH ACCESS EASEMENT
(South Access)
A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach
County, Florida, being more particularly described as follows: Commencing at the
Southeast comer of said Section 19, thence North 00059' 39" West a distance of 1262.20
feet to a point; thence North 890 46' 34" West a distance of 60.01 feet to a point on the
West right-of-way line of Congress Avenue (S.R. 807); thence North 000 59' 39" West
along said West line a distance of 1334.63 feet to the principal point and place of
beginning of the following easement description:
Thence south 880 OS' 26" West a distance of 350.00 feet to a point; thence North 000 59'
39" West a distance of 90.01 feet to a point; thence North 880 OS' 26" East a distance of
350.00 feet to a point on the aforementioned West line; thence South 000 59' 39" East
along said West line a distance of 90.01 feet to the Point of Beginning.
PARCEL 3.
BOYNTON BEACH ACCESS EASEMENT
(North Access)
A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach
County, Florida, being more particularly described as follows:
Commencing at the Southeast comer of said Section 19; thence North 000 59' 39" West a
distance of 1242.20 feet to a point; thence North 890 46' 34" West a distance of 50.01 feet
to a point on the West right-of-way line of Congress Avenue (S.R. 807); thence North 000
59' 39" West along said West line a distance of 2055.00 feet to the principal point and
place of beginning on the following easement description:
Thence South 880 05' 26" West a distance of 338.87 feet to a point; thence North 000 59'
39" West a distance of 90.01 feet to a point; thence North 880 05' 26" East a distance of
338.87 feet to a point on the aforementioned West line; thence South 000 59' 39" East
along said West line a distance of 90.01 feet to the Point of Beginning.
EXHlRIT .~.
C"P<...""'Y CI5'\ll1 Ck.~\110092\C!'l!OY"3\l.I..JG'iMS
lo>Q'Il ~otl""
At
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EXHIBIT "B"
TITLE EXCEPTIONS
1. Taxes and assessments for the year 1993 and subsequent years
which are not yet due and payable.
2. Rights or claims of tenants in possession, as follows:
Rickshaw Wok and Grill, Nutri-System, Carney Bank, Robert P.
Shuhi, P.A., and Allstate.
3. Restrictions, reservations, covenants, conditions, easements,
pursuant to that certain instrument recorded in O.R. Book
4166, at Page 277 and corrective Easement in O.R. Book 4814,
page 277.
4. Easement as reserved in that certain instrument recorded in
O.R. Book 3489, page 59.
5. Easement as reserved in that certain instrument recorded in
O.R. Book 3391, page 1837.
6. Easement and Operating Agreement recorded in O.R. Book 4379,
page 334.
7. As to Parcels 2 and 3 (North and South Access Easements) only,
any state of facts which an accurate survey of the premises
may disclose.
8. All matters as shown by blue print of survey prepared by David
P. Lindley, P.L.S., Reg. Land Surveyor No. 5005, dated March
26, 1992 and Recertified June 26, 1992, as follows:
a. Encroachment of light poles over and into captioned
property on the North, East and South and over and into
the easement established by O.R. Book 3391, Page 1837.
b. Encroachment of wood poles over and into captioned land
on the East and over and into the easement established by
O.R. Book 3391, Page 1837.
c. Encroachment of a 5 foot concrete walk over and into
captioned land on the East and over and into the easement
established by O.R. Book 3391, Page 1837.
d. Encroachment of curbing, concrete base for sign, overhead
electric lines, gate valve and pavement over and into the
easement established by O.R. Book 3391, Page 1837.
e. Encroachment of curbing over and into adjacent property
on the North and South.
f. Encroachment of dumpsters, overhead electric wires, light
poles, curbing, grass, pavement, fence and sprinkler pump
slab over and into the easement established by O.R. Book
4814, Page 282.
NOTE: Unless otherwise noted, all recording references are to the
public records of Palm Beach County, Florida.
CFBOY.Ot,^9L0394It024921CFBOY #3\M.lCIMS
Special Warranty Deed
nr(:. 'Ill' \I;r~lrIEU
PALM nr.i\Clll (11)hJT Y, FL~
CLERK CIRCUIT COUnT