APPLICATION
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PROJECT NAME: Boynton Beach Marina Townhomes
LOCATION: 743 NE First Avenue
PCN: 08-43-45-27-01-000-0370 & 08-43-45-27-01-000-0391
I FILE NO.: CODS 03-003 /1 TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: TRG
Lawrence Justiz, The Related Group PHONE:
Boynton Beach, LTD. FAX:
PHONE: 305-460-9900 x 139 ADDRESS:
FAX: 305-445-1834
ADDRESS: 2828 Coral Way
Penthouse 1 Miami, FL 33145
Date of submittal/Projected meetine dates:
SUBMITTAL / RESUBMITTAL 5/7/03
1 ST REVIEW COMMENTS DUE: 5/22/03
PUBLIC NOTICE: 6/29/03
TRC MEETING: 6/17/03
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT 7/8/03
AGENCY BOARD
CITY COMMISSION MEETING: 7/15/03
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\BOYNTON BEACH MARINA\COUS-Townhomes 03-003\2003 PROJECT TRACKING INFO.doc
City Codes Accessed via Website \V\.\'w.bovnton-bcach,org
www.amlegal.comlbovnlOn beach fl
Has applicant attended a pre-application meeting? . No
Date: 04/16/03
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and must accompany all applications
submitted to the Planning Division (two (2) copies of application required).
PROJECT NAME: Boynton Beach Marina (MSPM 03-001)
AGENT'S NAME: Lawrence Justiz
ADDRESS: 2828 Coral Way, PH-1; Miami, Florida 33145
PHONE: (305) 460-9900 x 139
FAX: (305) 445-1834
OWNER'S NAME: TRG-Boynton Beach, Ltd.
(or trustee)
ADDRESS: 2828 Coral Way, PH-1; Miami, Florida 33145
PHONE: (305) 460-9900 x 139
FAX: (305) 445-1834
PROJECT LOCATION: 743 Northeast First Avenue
(not legal description)
PCN NUMBER: 0 <l If:S <f ~ 1. 7 0 I () 0 0 03 7 (J ( a- d 0'3 '1/)
CORRESPONDENCE ADDRESS: *
(if different than agent or owner)
*This is the only address to which all agendas, letters and other materials will be forwarded.
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Date Submitted:
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Applicant's Name:
TRG-Boynton Beach, Ltd.
Applicant's Address: 2828 Coral Way, PH-1
Miami, Florida 33145
Phone: (305) 460-9900
Fax: (305) 445-1834
Legal Description: (see attached legal description)
.Q/ I..... \I g",.., ( II)
Request for conditional use approval for psel',e (1.2) multifamily townhouse units.
Project Description:
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Owner Signature
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Agent Signature
The Owner has hereby designated 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.)
I. GENERAL INFORMATION
a. All property owners located within (400) four hundred 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 Development Board and Community
Redevelopment Agency Board (CRA), evidence for or against may be presented.
e. The Planning and Development Board or CRA may recommend, 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 fee schedule, as well as addressed envelopes for
property owners to be notified.
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.
1. Representative of the proiect must be present at all Technical Review Committee,
Planning and Development Board, or CRA, and City Commission Meetings held to
review this project.
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.
b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an
accurate legal description of the subject property, and the total acreage computed to the
nearest one-hundredth (1/1 00) of an acre (these two surveys are in addition to the surveys
required on page 6 ofthis application, Sec. III. 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. Contact: Palm Beach County,
Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL.
III. SITE PLAN REQUIREMENTS
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Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall
be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately submitted. Incomplete site plans
will not be processed.
(Please check)
1. Boundaries and dimensions of the parcel. C ~ >' Vlo- v~ ")
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.
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7. Use of each structure, indicated on the site plan.
8. Nwnber of efficiency, I-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 f1.
II. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures; including materials, 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.
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, and 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 onioff site water lines.
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23. Sealed engineering drawings for proposed utilities, as per City specifications.
24. Information regarding form of ownership (condominium, fee simple, lease, etc.).
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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-endloaders,
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(1)). 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 for that are continued 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 foot candles.
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.
1. 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 by
provided with drainage calculations.
J. Existing elevations on adjacent properties, and on adjacent rights-of-way.
~ 27. Where confommnce with the County's Environmentally Sensitive Lands Ordinance is
_ u.J required, an Application for Alteration of Environmentally Sensitive Lands
.A.J rU it ~vJ,,,,,17fA#i (Environmentally Impact Study) must be submitted to the Palm Beach County
", -1 J Department of Environmental Resources Management (copy to City) prior to or
~J (JYlt,AI concurrent with the submittal of the site plan to the City.
~/~t jP''''''''' 28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with
the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of
the analysis shall be submitted with all conditional use applications.
NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of
the site plan application.
V 29. In addition to the above requirements, the following items shall be submitted to the
Planning and Zoning Division no later than the site plan deadline:
a. One copy of colored elevations, not mounted, for all buildings and sign age 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.
b. 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.
c. A transparency of the site plan (maximum size of 8-1/2" x 11 ") or 8-1/2" x I]"
reductions of submitted plans to be used at public hearings. However, the Planning
and Zoning Division 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 Development Board or
CRA and City Commission.
d. Colored photographs of surrounding buildings (minimum size 8" x 10").
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30. Any other engineering and/or technical data, as may be required by the Technical
Review Committee 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 Committee, if such information
is deemed to be non-essential by the Committee.
IV SITE DATA
The following information must be filled out below and must appear, where applicable, on all
copies of the site plan.
1. Land Use Cate20rv shown on the Comprehensive Plan Future Land Use Map:
Mixed Use (MU)
2. Zonin2 District Mixed Use-High (MU-H)
3. Area of Site 7.349 acres (320,131 S.F.)
4. Land Use - Acrea2e Breakdown:
a. Residential, including 1.131 (57,239 S.F.) acres 15.3 %of
site surrounding lot area or grounds
b. Recreation Areas * (excluding water area) 0.853 acres 11.6 % of site
c. Water Area 1.495 (65,136 S.F.) acres 20.4 % of site
d. Commercial 1.300 (56,613 S.F.) acres 17.7 % of site
e. Industrial acres % of site
f. Public/Institutional acres % of site
g. Public, Private, and Canal Rights-of-Way 0.808 acres 11.0 % of site
h. Other (specify) Pervious Area 1.580 (68,815 S.F.) acres 21.5 % of site
1. Total area of Site 7.349 (320,131 S.F.) acres 100% of site
Including open space suitable for outdoor recreation, and having a minimum dimension of
50 ft. by 50 ft.
5. Surface Cover
a. Ground Floor Building 113,852
("building footprint")
sq. ft. 35.5
% of site Area
b. Water Area 65,136
sq. ft.
20.4
% of site
c. Other Impervious Areas, including paved area of public & private streets, paved area of
parking lots and driveways (excluding landscaped areas)and sidewalks, patios, decks, and
athletic 72,328
courts sq. ft. % 22.6 of site.
d.
Total Impervious Area
186,180
sq. ft.
58.2
% of site
e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec.
7.5- 35(g) of Landscape Code). 0 sq. ft 0.0 % of site
f.
Other Landscaped Areas, excluding Water Area
o
sq. ft.
0.0
% of site
g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding
Water Areas 21,642 sq. ft. 6.8 % of site
h. Total Pervious Areas
l. Total Area of Site
6. Floor Area
a. Residential
b. CommerciaUOffice
c. IndustriallW arehouse
d, Recreational
e. Pu b Ii c/Insti tutional
f. Other (specify)
g. Other (specify)
h. Total Floor Area
68,815
sq. ft.
21.5
% of site
320,131
sq. ft. 100% of site
570,066 sq. ft.
24591 sq. ft.
0 sq. ft.
0 sq. ft.
0 sq. ft.
262,428 (Parking Garage) sq. ft.
0 sq. ft.
857,085 sq. ft.
7.
Number of Residential Dwelling Units
a. Single-Family Residential
II
~3-story townhouses)
dwelling units
b.
Duplex
o
dwelling units
c. Multi-family (3 + attached dwelling units
1) Efficiency
o
dwelling units
2) 1 Bedroom
80
dwelling units
3) 2 Bedroom
172
dwelling units
4) 3+ Bedroom 86
d. Total Multi-Family 338
e. Total Number of Dwelling Units ~ig.- }.~,
8. Gross Density 47.6
9. Maximum Hei2ht of Structures on Site 143.0 feet
10. Required Off-Street Parkin2
Calculation of Required Parking Spaces 856
Off-Street Parking Spaces
Number of Off-Street Parking Spaces
Provided on Site Plan 786
dwelling units
dwelling units
dwelling units per acre
stories
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, 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 plans, specifications, drawings, engineering and other data which may be
approved by the City of Boynton Beach, or its boards, commissions, staff or designees 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 application and all approvals and permits which may
be granted.
The applicant agrees to allow the City of Boynton Beach 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 the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this
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WItness
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7 h,. day of Vl1 j I 7-003
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Applicant
.4
NOTICE TO APPLICANTS
FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach shall be accompanied by the list of names and
addresses of all property owners within four hundred (400) feet of the subject property. Applications will not
be accepted without these mailing labels and addressed envelopes
CONTACT: PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
AFFIDA VIT
STATE OF FLORIDA
)
)
)
S.S.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED ~ ::fv5h'z-, 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 with
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 SA YETH NOT.
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Sworn to and subscribed before me this"2<1fa.. day of J4.~ A.D., 200.'.
,
Notary Public
State of Florida at Large
My Commission Expires: _
20
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
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 ofland.
*
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 DR!.
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 I, 1990.
Applications for revisions to previously approved development orders or permits, which do not
increase the demand for any public facility.
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 Management Ordinance, please contact the Boynton Beach Planning Division at
(561) 742-6260)
Rev. 10/16/01
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
PETITION FOR CONDITIONAL USE APPROV AL, MIXED USE
HIGH DENSITY ZONING DISTRICT (MU-H)
JUSTIFICATION STATEMENT
IN RE: TRG-BOYNTON BEACH, L TD.lBOYNTON BEACH MARINA
I. BACKGROUND
TRG-Boynton Beach, Ltd., hereinafter referred to as "Petitioner", is the
owner of the 7.349 acre site known as the "Marina Project." The Petitioner
obtained site plan approval for the construction of two fifteen (15) story buildings
and two seven (7) story buildings connected by a seven hundred forty (740)
space parking garage. The first floor of the buildings will contain seventeen
thousand five hundred ninety-one (17,591) square feet of commercial space. In
addition, the site plan approved contains twelve (12) townhouse units along the
pier adjacent to the North Marina, and a restaurant feature that was originally
approved in 1997. The townhouse approval is contingent upon the submittal and
approval of a conditional use application to allow 12 townhouse units. Petitioner
is seeking conditional use approval for the townhouse units.
II. REQUEST FOR CONDITIONAL USE APPROVAL FOR TOWNHOUSE
UNITS IN THE MU-H ZONING DISTRICT
Upon the adoption of an amendment to the MU-H category, residential
single-family attached units (Townhouses) are a conditional use within the
amended MU-H District. The site plan approval of April 15, 2003 was contingent
upon the approval of a conditional use approval for townhouses in the MU-H
Zoning District. Part III, Land Development Regulations, Chapter 2, Section
FTL:1 027716:2
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11.2.A of the Code of Laws and Ordinances of Boynton Beach, Florida
(hereinafter "Code"), provides as follows:
A conditional use is a use that would not be appropriate generally,
or without restriction, throughout a zoning classification or district.
Such uses, however, if controlled as to area, location, number, or
relation to the neighborhood, would promote public appearance,
comfort, convenience, qeneral welfare, qood order, health, morals,
prosperity, and safety of the city. Such use may be allowed in a
zoning classification or district as a conditional use if specific
provision for such a conditional use is made in these zoning
regulations. (Emphasis added)
For several years now, different developers have attempted to build a
project on the current vacant parcel where Petitioner intends to construct "Marina
Village at Boynton Beach" (hereinafter "Marina Project"). Acquired by Petitioner
on December 31, 2002, the Marina Project will consist of the following residential
units, all for sale as opposed to the previously approved planned rental project:
(1) eighty (80) one bedroom/one bathroom units; (2) one hundred seventy-two
(172) two (2) bedroom/two (2) bathroom units; (3) eighty-six (86) three (3)
bedroom/two (2) bathroom units; and (4) eleven (11), three (3) story, townhouse
units with two (2) bedrooms and two and one-half (2.5) baths. The townhouse
unit component is the subject of this conditional use application.
As a conditional use, the townhouse units "promote public appearance,
comfort, convenience, general welfare, good order, health, morals, prosperity,
and safety of the city." The townhouse uses create a physical environment that is
of a character and quality that people will want to live there and offer an
FTL: 1027716:2
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investment motive for home ownership. These are two vital components to
achieving success in a mixed-use downtown development.1
The placement of townhouses in the Marina Project architecturally
promotes an environment of comfort and safety. The conceptual drawings for
the townhouses (Exhibit "A") call for eleven (11) three (3) story units with distinct
architectural features consisting of balconies, windows, shutters, and metal roofs
which provide not only an attractive residential location, but also provide an aura
of comfort and safety. The first level of the townhouse units consists of garages
that are accessible through the parking area on the south side of the townhouse
units as well as the north side. The first floor of the northern elevation of the
townhouse units will consist of an access door which provides access to the
garage area and continues the illusion of habitability which is conducive to
"comfort and safety."
The placement of commercial uses instead of the townhouses would not
promote public appearance, comfort, convenience, general welfare, good order,
health, morals, prosperity, and safety of the city." A commercial use, while
providing for pedestrian traffic on one side, would inevitably contain service areas
for deliveries, waste disposal, and storage in the rear. Due to the location of the
uses, such areas would detract from the intended public accessibility of the site
by creating unattractive areas where visitors would be hesitant to walk or sit,
particularly during off hours. Delivery trucks sharing space with pedestrians
along the pedestrian ramps adjacent to the inlets would present safety concerns
I Jennifer Moulton, FAIA, "Ten Steps to a Living Downtown", A Discussion Paper prepared for The
Brookings Institution Center on Urban and Metropolitan Policy, October 1999.
FTL: 1 027716:2
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and would render the area less accessible to visitors and residents alike. These
areas would soon become desolate at night and create the perception of an
unsafe place to visit. By placing townhouses in that location, pedestrians may
use the walkways on either side of the townhouses and not feel as if they are
walking through isolated areas that would be unoccupied at night. Further,
occupancy in the townhouses would lend to a feeling of safety by creating the
"feeling" of a residential neighborhood for visitors and residents of the
condominium units on the site. Increased pedestrian activity will be beneficial to
the commercial uses at the end of the marina and to the entire project itself.
Furthermore, locating office uses instead of townhouses would have
similar negative impacts and would not "promote public appearance, comfort,
convenience, general welfare, good order, health, morals, prosperity, and safety
of the city." Offices would be occupied during normal business hours. At night,
and during the weekends, the area would be void of any traffic (both vehicular
and pedestrian) leading to the perception of isolation and danger that would
result from walking down dark empty streets.
Allowing townhouses as a conditional use at the Marina Project will offer
an investment motive for home ownership. Such an investment motive
"promote[s] public appearance, comfort, convenience, general welfare, good
order, health, morals, prosperity, and safety of the city." (Emphasis added).
There is currently a demand for housing within city centers such as that proposed
by Petitioner. Examples of this demand were evident in the development of
CityPlace in West Palm Beach where fifty-one (51) townhouse units were sold at
FTL:l 027716:2
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an average price of approximately Three Hundred and Ten Thousand ($310,000)
Dollars in only ten (10) days. Also, The Moorings at Lantana (357 condos and 21
townhouses) recently entered into nineteen (19) townhouse reservations over a
three day period. The demand of this type of housing is driven by a new market
factor (the nontraditional households). According to U.S. Census estimates, the
number of households without children is expected to swell to seventy-two (72%)
percent by 2010, and this is precisely the type of household that is driving the
interest in downtown living.2 These households include both people in their late
twenties and early thirties, as well as over-fifty baby boom "empty nesters".
Residents of these townhouses are expected to be people who are part of the
"back to the city movement" who have returned to the city to enjoy the amenities
of urban living. These residents are not expected to be unhappy with increased
pedestrian traffic and ambient noise levels that are common within the urban
landscape. Residents of the townhouses, as well as the condominium units, with
the Marina Project will purchase them with the knowledge that they are buying
into an urban experience.
Approval of the townhouses within the MU-H Zoning District as a
conditional use will promote public appearance, comfort, convenience, general
welfare, good order, health, morals, prosperity, and safety of the city by providing
a physical environment that is of a character and quality that people will want to
live there and offering an investment motive for home ownership. Approval of
townhouses as a conditional use within the Marina Project will promote the site
2 Jennifer Moulton, F AlA, "Ten Steps to a Living Downtown", A Discussion Paper prepared for The
Brookings Institution Center on Urban and Metropolitan Policy, October 1999.
FTL:1027716:2
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, ,
as a safe destination for visitors and a prime location for residents who are
looking for an urban lifestyle within the City of Boynton Beach. The townhouse
component of the Marina Project will attract the public to the site and promote the
accessibility of the marina to residents and visitors alike. Further, townhouses
provide an additional investment motive for purchasers in addition to
condominium units. Therefore, Petitioners seek the townhouse component of the
Marina Project be approved as a conditional use within the MU-H Zoning District.
III. CERTIFICATION
We understand that this petition and all papers and plans submitted
herewith become a part of the permanent records of the Planning and Zoning
Division. We hereby certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true to the best of our
knowledge and belief. This petition will not be accepted unless signed according
to the instructions below.
[~ tl.:T
Si.gnature of Authorized Princ' I
~ J;;vce & 'IT US Ii"l
IV. AUTHORIZATION OF AGENT
.15 (J "V -'V /-e. ffl rs Ie-d
Signature of Authorized Agent
~J7/03
Date
C;-/7/ dJ
Date' ,
We hereby designate the above-signed person as our authorized agent in regard
to this petition.
~/lJ.T~-
Signature of Authorized Principal
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Date'
FTL:1 027716:2
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