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APPLICATION '.' -; - 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. .-.'--'-' - ,- ._* * .. . ~.- - ..~---' - ...> . ,~, . , r-'.'""^" L' ~ .. _ ..' ,...~ - , ~'~'-----1 -7 Date Submitted: 'S" /7/ 1f::I , , 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: L~ P. J'~ Owner Signature fA1."., J4 &ye,e 1>..::r VoS it 2- :IS d JV AI /-L 111/3/c .d 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 ./' V vi' v ~ vtI 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. ../ v t/ V v /' ~ v ../ v( "/~) ~ .".. ./ v" v V'" 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. ~ v .",. t/ 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-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"). V'" 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 ~dI~~ WItness ~t~L: 7 h,. day of Vl1 j I 7-003 [~ 1;~ .:J~~ 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. (~a~ 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 I 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 2 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 3 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 4 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 5 , , 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 ~~~ fJ. ~~;P"'-, ~J7/rJ J Date' FTL:1 027716:2 6