APPLICATION
PROJECT NAME: Boynton Mango
LOCATION:
PCN: 08-43-45-20-06-000-0111 & 08-43-45-20-06-000-0112
I FILE NO,: LUAR 04-011 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton Mango LLC
Maggie Barszewski ADDRESS: 10689 Heritage Blvd.
ADDRESS: 751 SW 5th St. Lake Worth, FL 33467
BocaRaton, FL 33486 FAX: 561-432-1123
FAX: 561-994-0447 PHONE: 561-432-0300
-
PHONE: 561-715-1580
Date of submittal/Proiected meetinl! dates:
SUBMITTAL / RESUBMITT AL 7/14/04
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: 8/30/04
TRC MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 9/28/04
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: Public Hearing 10/5/04
1st Readingl0/19/04
2nd Reading 11/3/04
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\2004 PROJECT TRACKING INFO.doc
Boynton Mango Rezoning
Request
....
. Pl~_nni~itn~~it~ ~ lJ!sign 1.
,
APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & DEVELOPMENT BOARD
LAND USE AMENDMENT ANDIOR REZONING APPLICATION
This application must be filled out completely and accurately and submitted, together with the
materials listed in Section II below, in two (2) copies to the Planning Division. Incomplete
applications will not be processed.
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1. Project Name: Boynton Mango Rezoning
2. Type of Application (check one)
a. Land Use Amendment and Rezoning
b. Land Use Amendment Only
X c. Rezoning only
3. Date this application is accepted (to be filled out by Planning Division)
4. Applicants Name (person or Business entity in whose name this application is made)
Boynton Mango LLC
Address: 10689 Heritage Blvd.
Lake Worth, FL 33467
Phone: (561) 432-0300
(Zip Code)
FAX: (561) 432-1123
5. Agent's Name (person, if any, representing applicant
Maggie Barszewski
Address: 751 S.w. 5th St.
Boca Raton, FL 33486
Phone: (561) 715-1580
(Zip Code)
FAX: (561) 994-0447
6. Property Owner's (or Trustee's) Name:
Boynton Mango LLC
Address: same as #4
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if different than applicant or agent)"
send to agent # 5
-This is the only address to which all agendas, letters, and other materials will be
mailed
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
Owner
9. Street Address or Location of Subject Parcel: Northwest comer of Boynton Beach Blvd.
and NW 7th Ct.
PCN (s) 08-43-45-20-06-000-0111 & 08-43-45-20-06-000-0112
10. Legal Description of Subject Parcel (please also provide on disk in "Word" format):
The south 50 ft. of lot 11 and all of lot 12 less the southerly portion for State Road 804 right-of-
way Deierl Park according to the plat recorded in Plat Book 23, page 236, recorded in the Public
Records of Palm Beach County, Florida; said lanf sutuate, lying, and being in Palm Beach County,
Florida.
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: .29 acres
12.
Current Land Use Category:
LRC - Local Retail Commercial
13:
Proposed Land Use Category:
LRC
14.
Current Zoning District:
R1A - Single Family
15. Proposed Zoning District: C2 - Neighborhood Commercial
16 Intended use of subject parcel: Neighborhood Commercial
17. Developer or builder: Boynton Mango LLC
18.
Architect:
s & d architecture, inc.
19. Landscape Architect: N.A.
20. Site Planner: s & d architecture, inc.
21. Civil Engineer: N.A.
22. Traffic Engineer: N.A.
23. Surveyor: Renner, Burgess, Inc.
1\. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
~a. This application form.
!:..b. A copy of the last recorded warranty deed.
tI' c. The following documents and letters of consent:
_(1) If the property is under joint or several ownership: a written consent to the application
by all owners of record,
_(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
_(3) If the applicant is represented by an authorized agent: a copy of the agency
agreement, or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of
the owner, and
t/ (5) If the applicant is a corporation or other business entity: the name of the officer or
person responsible for the application, and written proof that said person has 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.
t/ d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida,
dated not more than six (6) months prior to the date of submission of the application, at a scale
prescribed by the Planning Division, and containing the following information:
An accurate legal description of the subject parcel.
1/ (1)
~(2)
A computation of the total acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
_(3)
A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. 1\ h.(12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
~e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of the subject parcel as recorded in the latest
official tax rolls in the county courthouse shall be fumished by the applicant, including a tax map
showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes
must also be provided. Said list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge said list is complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton Beach.
t/ f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties
referred to in paragraph e. above, and their relation to the subject parcel.
t/ g. A statement by the applicant justifying the zoning requested, including reasons why the property
is unsuitable for development under the existing zoning and more suitable for development
under the proposed zoning. The statement should address the following criteria which the
Planning and Zoning Division utilizes in evaluating land use amendment and rezoning
applications:
1) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensive plan policies. The division shall also recommend limitations or requirements
that would have to be imposed on subsequent development of the property in order to
comply with policies contained in the comprehensive plan.
2) Whether the proposed land use amendment/rezoning would be contrary to the established
land use pattern, or would create an isolated district unrelated to adjacent and nearby
districts or would constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare.
3) Whether changed or changing conditions make the proposed land use amendment/rezoning
desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible with the current
and future use of adjacent and nearby properties or would affect the property values of
adjacent and nearby properties.
6) Whether the property is physically and economically developable under the existing land
use designation/zoning.
7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related
to the needs of the neighborhood and the city as a whole.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
tI' h. A comparison of the impacts that would be created by development under the proposed zoning,
with the impacts that would be created by development under the proposed zoning, with the
impacts that would be created by development under the existing zoning, which will include:
t/ (1) A comparison of the potential square footage of number and type of dwelling units
under the existing zoning with that which would be allowed under the proposed zoning
or development.
t/ (2)
A statement of the uses that would be allowed in the proposed zoning or development,
and any particular uses that would be excluded.
Proposed timing and phasing of the development.
tI' (3)
t/ (4)
For proposed zoning of property to commercial or industrial districts, where the area of
the subject parcel exceeds one (1) acre, projections for the number of employees.
_(5)
A comparison of traffic which would be generated under the proposed zoning or
development, with the traffic that would be generated under the current zoning; also,
an analysis of traffic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traffic movements. For projects that generate more than five
hundred (500) net trips per day, a traffic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(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 30 days prior to the
deadline for land use amendment andlor rezoning, in order to allow for timely
processing of the application and review by the City's traffic consultant and Palm
Beach County. The applicant shall be billed for the cost of review by the City's
traffic consultant.
(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 the application
deadline for land use amendment andlor rezoning, in order to a!!ow for timely
processing of the application and review by Palm Beach County. However, if it is
~~e dE':;;:"~ _:/ ~~? app!k:ant to utmze the City's traffic consultant for review of the
traffic impdd dnaiysis prioi to ja\iiew by Palm Beach County, then the procedure
and requirements outlined under item .a. above shall be followed.
NOTE' r'O;!ure ~() su::,;;;it traffic impact analysis in the manner prescribed above may
delay approval of the application.
_(6) For parcels larger than one (1) acre, a comparison of the water demand for
development under the proposed zoning or development with water demand under the
existing zoning. Water demand shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such demand, unless a
registered engineer justifies different standards, Commitment to the provision of
improvements to the water system shall also be included, where existing facilities
would be inadequate to serve development under the proposed zoning.
_(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be
generated under the proposed zoning or development with that which would be
generated under the existing zoning, Sewage flows shall be estimated using the
st,mG3rds adopted by the Palm Beach County Health Department for estimating such
flows. unless a registered engineer justifies differs;:L :t2!;-:f2;-:!S. C2rT1;:-:ltrer:! tc t~s
provision of improvements to the sewage collection system shall also be included,
where the existing fac~lities would be inadequate to serve development under the
proposed zoning.
_(8) For proposed residential developments larger than one (1) acre, a comparison of the
projected population under the proposed zoning or development with the projected
population under the existing zoning. Population projections according to age groups
for the proposed development shall be required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing, would be allowed under the proposed
zoning.
_(9) At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall provide a summary of the nuisances
and hazards associated with development under the proposed zoning, as well as
proposals for mitigation of such nuisances and hazards. Such summary shall also
indude, where applicable, exclusion of particular uses, limitations on hours of
operation, proposed location of loading areas, dump3ters, and me.:ha::1ca~ -=qU[;:':7",Er",t,
location of driveways and seiv1ce entrance, and speciflcatitif",'5 f;,;- s;:s ;i;.jL~>ki
~~~;'::3rcc:; 2nd ~Bza:-ds sha!! be abated or mitigated so as to conform to the
;J"',~'ci,"d"~'" ~:c"":6i..b '"'';i,[''':,,'''' i" ;:,s Citj's zo,';09 regulations and the standards
contaj!1€'d in the City's noise contra' ordinance. .A.!so, c;tBtCrY10nts cnncer"ins ~h0
height, orieni.atiui l, dj-;J b.l:k Dr 0~rUL..tU!i:::;..:.>, btti.k!.'-,~';-' f;Ui! ( i-)! ~IP'=-'; ~j ~;i ,6-__, n,-,J '! 1t,-;;::'Lii '---"-'
f,-::f ~"._,:.,:_,:; _~..;.-:: 1_" ~~;:i-'a 1hp ;If-'';;',,s.2.-! ,~,::,-.:p'nprr.ent shan be provided At ttle
;;~'-i0~';~.~ ,./ i.~-,~ ~:;2,J;;r;i~ ~;!';i~ 8~:-=._/;;Pt;;0i!i. S;j~,;j OJ City COfii!;iission, the applicant
s"~" ~fc;o c;tAtp fh~ fypp. of ("r.n<;frprtif\r\ ;::mn ~rrhlfE'r:f'lrAr <.;tyfpc, fhRf wiU hP pmpfoYf'rl in
the proposed oeve;upfTlel!L
_(10) At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit the following infonnation:
_(a) Official soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
_(b) Existing and proposed grade elevations.
_(c) Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the prOVIsion of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and other public
improvements or dedications as may be required.
_(11) For rezonings to planned zoning districts, the specific requirements for submission of
applications for rezoning to such districts shall also be satisfied. Furthermore, all
lToaterials required for a subdivision master plan shall also be submitted.
_(12) Where conformance with the county's Environme!"tally Se"~;t;v,, L~~rk Qcd;,."..,." ';
required. an Application for Alteration of EnviionmentaHy Se;;;:;;:;--.;~ i _;___.!n
";:' -';"'_-;~::,2-~~;:::1 !G;-'..?;.-,t ~t:~'~j<: r;--;"st h;::. s,~h:;..,!tt~~ t(, thE:- ~R!""" 8ear:h C,-:-,u;""',t~:
:::>_-;--:--,--'_;7~7-':~' ~_! ,-- '~_---, Res,:,ur-::es T~,janagefnef1t (copy \0 City) prior to ,)f
r:c;-'-':-"'rp:"':t "./~~ th-:=: __. !-.~;~2! ;-J ~~_= ! ::.n,1 U~p. A~=~"'m2-~.r. ~i';~!c,;- f?::;-7:",;r.;~g
ApiJllwtio.. tv tr:8 C;ij
..n "._ ~~. d~~~ _ r..~ ... !~;-";~ ..:::: ~7"'~~~O::;1t ~nd n::;:r:'\nir.g fnr any r~~ir1~"ti~'
::=_ . =:~y;:-;.....~: =~;:;;-;-;:~:::.; ;::;~,-; .;~~::: ::7, 2~~Z iTIU~t :o~bmii a School Concurrency
Applicatioii and Scn:ke Provider Form. App~katior;:; arE nuf dEo:;-;ocd COliip:~tc
until the City receives notification from the Palm Beach County School District.
III. APPLICATION FEES
Fees shall be paid at the time that the application is submitted, according to the fees which have
been adopted by ordinance or resolution. The Planning Division will inform the applicant as to
the fees which are required. All fees shall be paid by check, payable to the City of Boynton
Beach.
IV Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
_Date Accepted by Planning Division
_Date Transmitted to City Clerk
_Date Notifications Mailed to Surrounding Property Owners
_Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
_Dates of Advertisement in Newspaper (annexation)
_Date of Transmission of Departmental Review Forms to Department Heads
_Date of Review by Technical Review Committee
_Date of Pre-Hearing Conference
_Date of Public Hearing Before Planning & Development Board
_Date of Public Hearing Before City Commission
_Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Affairs, pursuantto Florida Statutes, F.S. 163.3184 (1) (a)
_Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
_Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
_Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
_Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
_Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
_Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised
Comprehensive Plan Amendment
_Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
_Date of First Reading of Ordinance to Annex
_Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Second Reading of Ordinance to Annex
_Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Expiration of Zoning
_Date of Expiration of Time Extension for Zoning
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted to 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, Recording Secretary, Planning Director, and Building
Official:
City Commission:
10 copies
Planning and Development 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
...,,, ~'~;, e':,: (f) CCiC'~3 c~ thiO fiOVi3iOd plans or elevations must be subsequently submitted to the
r:ailliiiig DivisiQn. Furthermore, any colored elevations which are exhibited to the Boards or
~r.~;",;",;;<::::::::.-;",,- ~_;~<!-;:,_t.. ~:-~ ~-!:ff;::-.::.",,-~ ~:-,,;-;-. t.t... _.0:::'::' '._~:~:_L.. ~'_:'::':'"'::' :-__. ,:._., ,-::1.. -:::. .t..~:u_~...J -. ...,.1 '-.'::: -. ,'-__:U=-cJ' 1- .1L._
n' no. -- -- --. .... --- -- .. -.
, ,
BuHding DapartrriBlit 50 ti'1at ~~a ::,u;td;n~ cei;:,;- and ;S:L'.':,Jt;;-;;-,:~. C.C,:-' L,;--. ;--;.~~._,.~.t<;::;,~ ~!;;-,; ~-;..:' ;~;;
a Certificate of Occupancy.
,
Thp.~p mp~~!!rp.~ 'L,m q!Jnt!J thp rit-J tn ~~\!P ~n ;::!('r:;;r~tp n:::~r('.:~ ,...,f thp- ~:"",;nd :::;c ;~ \~.!'::J.:::: :::;nr.......\!n..-l ~,\~. ".,.,,..-
__ __ . ___ _ _ __ __ _ .i --- - - ---- -- - -- -- -- - -- i # - ----- --,-j- ---J
Commission or the Boards, and win allow for t~e effidant ii1Sp6C~;C"-1 uf t~i5 j..:'~._+3'_)
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 ca~not be approved unless public facilities (potab!e weter, san'ta"/sewer, dr3'''2;;2" s::",.... ".'''~'~
tion .... d d* f ltie) 0 ld be avallab'" ,,. M-'e "..- --,..~~. MM ~.__. ..,.~ .~~ 'u 'UU'
recrea .palft..an roa aClI S W U lelU~t;;IV lI;cj-i;.....:;:ov~".u,';-;,~,t::":"".,i.;'U;t:i",y-.r;;:;,,:;
of service which are adopted in the City's Comprehensive Plan:
p! !!!""';~r! !'"'.o'!'"~;t ~?"'.!'"'.!i!'~t;....,nc- frt'!'" t~~ ...."'...c-..'!'"~ !c"'E"".... ,...,f ;~.....!'",...,...om;Cr-..,.t~ 't..'"'::........ :... ~~,., J..,~, tho~ea'..!ae .~!!"'.! ,I,..,
,-""";"",,,,;;.:1 r'-""'~ '-rr--~-~._H~ .", ~,,- --..--.--------- --- - --r----~--------- "''--'.' - - -'.J - - n__..__," -_.--
create demand for public facilities
~ Applications for site plan approval.
- Applications for conditional use approval,
~ Applications for subdivision master plan approval.
- Applicalions for preliminary plat approval.
- Applications for final plat approval.
.. Applications for rezoning to planned zoned districts,
- _~_;:;:!::~~~:;~': fer ~e':~-:~":~s ~':' :':".~. ':~ ~~-':' 8;:;1~':'8~~,)~~ !:sted 3:0';2, \-;~:!"h 'tlcu!d 1n:re2~e ~~e der:'~"'''''' f!"'!~
any public facility.
1r Ac~~!i.:2!10!"'S fr,r c!~~!~!0p~e~f c'"der:: 2~d p~,":",:",,::.r.c '::'~ ~I.._~:~,---.-J _h
generate more than 500 net vehicle t;;;:;3 ;:;"" day, ~,_,~; CC~"'j
,...._!--.-.
.,"",..,,..,
~- "
.!--: _t~
.... r ,..... 0 ,... O' . .r... '"
. ';-;;.--;:;:,;-;-:-;a;-:ca 0i:ai,Go;-G5 urCi;-ian:.e, ur-,ie:5S C^emp~ Horn l:riai DiUlJ'kii-,ce.
P!""~,, h" "rlvi"pd h"v.lpvPr, th"f thf> fnllnwin(J ",ppli<:,.:!tinn" will hI' exemot from the Concurrency
Management Ordinance, pending final approval of this ordinance by the City Commission:
Annlir:~tinn<:. fnr thp (ip\fP-f,....nmc.nf r,f n;-r,nc.~'
-rr-'--"-'-- .-. ---- ------r------- -- r--,.----.i
either the fmal plat or the prel;".,;,.,.,.,-; ;-',-'
,.:.:!-::-l- ....=-= _'=LJ._J __ __ _EL_._
,--.
"'.... "''''''''''0 ____....1
t--
---- .i
l.. __"u__ --! _.
________~ __:__.r._ ~
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,
"n",,,,
,
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_~ _-or ~!-.;::;. '-_r-r..--.=.:-!-'
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,.,n.-_r;,---..,.~,..,;;<::'; ~nr !J,.. ,~i'-~""L"~-~,,...,
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ti,ij ~-':'=-"';.:,;..:; ;,_ c-= ":;,_-'C:--=
. t.... >
n~i \ibiHLH:;; Uij.-k> ~i Udy_
- -
..," " ...
- ---- - ---
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--- ....
~ A.nnrir~f;nn~ f.'1r hld'rrllnr1 nprrnif if ~ ~ifp n.r~ro nr- rnnnifinn~r 11'::(.\ \.l\J:"H'. ~lJ"HT\iff,-,d mi,'.! fn r!!rH---' 1 1f'1r'ln
i-i--------------- ---- -----------OJ' ,--------- -- ------ i----.. -- --..---... .---, --. . ... .. .
.. .. . t.> '. 0 ..... I , .,
dl,\J ;:)ul.)~4Ubili.iY dpI.HUVclu, dti.... tiib iih6 ....iti;; 0. G'A\UlI.!ui\",;, L10C ,,'=,~ ih...>- c""_p";,:;;",:;
,.,-J rH~-1nprtv witt"-i'n
- .---i----' ----
, '". . , '.... ...........
"-:1,,'--" ~~".,-,;, Q''::;: '-''';';_~;~~~;.-;iE ","-!fan die dPlittY\it;::U Uti.L
.'
~l1<--'
R!'1
~"'1~r-A,,'p?f
-ii-.-- - ----
"~VP'f"'nmf:..-'"tJ "...,f Qpni'rtn:g~ !r-;n;::;:",t
- - .-- -0-- _ .'
- Applir."tinn" for "ppn:>v",l of fin",1 pl",ts. if the prelimin",'Y pl",n and application for Palm Beach County
l'__l..L ~___....____.. _____..._~__ ..:.:.0..__ L_.._ L__._ _..L__:....._--'__:__.._ .____ A A"'''''''
;--"1;,jiUi Ul;;:tJaj~lll"'ilt. tK'ljIU~ H.)l UUU~ Ild;Vt: Ut:t:ll ~U1IUllt:U VIIUI lV vUllt: I, I;:;.JvV.
Appficat!ons for rev!s!Q!"1S to previousry approved dev~rnnmenf orders or permr~s which do not
illu~ ihH Ui::iBdilU [Uj dllY vlJU;;.... ~ci..;:;:)'
, -'"
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 conceming the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Division at (561) 375-6260.
{AlENAME \p \. MERGEFORMAT}
Revised 10108I02
07/13/2004 13:27
55143211 co
BERMUDA LANDSAPING
PAGE 01/01
LANDSCAPE & DESIGN me.
COMPLETE; lAi\lnSCAJ"fi CQ1\TRACi[JRfl
10669 HEAITAG. BOULF.VA.~D .
LAKE WOA~I'I, FL S3467
PHONE (561) 432-0300
FAX (561) 432-1123
S~MAIL. aeRMLAND@AOLCOM
FAX TRANSMISSION
'20S WALUer. DAIV!;
D.LAAY BeACH, FL 33444
PHONr.(561)272-0076
"'LANDSCAPE
COMME:RC1AI. INSTAt.:..ATIOr-.r
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ROCK GAROENS
TRE~ RELOCA710N
SPECIMEN PALMS
GRAD!NG SE:RVICE
To:
Maggie
Date: July 13, 2004
Fax:
561-330-9513
Pages: 1 (including cover page)
From:
! Subject:
i
Arturo O. Scroggie
Boynton Mango, LLC
Zoning Changes & Building Permits
'" MAINTENANCE
RESIDENTiAL
COMMERCIAL
"'IRRIGATION
OE:5IGN
INS'T'ALW\TION
Se=rlfVIC!O
MAJNtE:"NANCE
Comments:
I On behalf of the Board of Directors of Boynton Mango, LLC, please be advised
I that Roger B. DeCapito is authorized to transact and sign any and all business
. matters relating to zoning changes, building permits, and other legal and
financial matters as they may arise.
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Arturo O. Sc
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FREE ESTIMATES
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City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED.Jfo~rrC.. /Jic~L~;; ;~WHO BEING
DUL Y SWORN, DEPOSES AND SAYS THAT:
VI. AGENT CONSENT FORM
1. He/she is the owner of the real property legally described in Attachment A;
2. He/she duly authorizes and designates to act in his/her behalf for the purposes of seeking a
change to the Future Land Use Map designation of the real property legally described in
Attachment A;
3. He/she has examined the foregoing Future Land Use Map amendment application and he/she
understands how the proposed change may affect the real property legally described in
Attachment A.
FURTHER AFFIANT SA YETH NOT.
/1
T foreJjoing instru ent..wa~ acknowledged before me this I.;(day of i, ,I ,~ by
OC-& (... () Fe / / {) (Name of Person Acknow ging hp is perso~
n to me or who has produced (type of identification) as
identifi.Gstion and who did (did not) take an oath.
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(SJ9nature f Person Taking Acknowledgment)
i~.z~ I}/ j} /-,--5 "5t~(L---
(Name of Acknowledger Typed, Printed or Stamped)
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Owner'" ~
(Title or Rank)
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Owner's Name (Print)
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Street Address
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City, State, Zip Code
(Serial Number, if any)
(Notary' Seal)
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ROSlYN DESSER
MY COMMISSION # DD 099218
EXPIRES,.lI~2,2OOl
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Telephone ( )
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07/14/2004 15:30
,
BERMUDA
LANDSCAPE & DESIGN INC-
COMPLr:1'E LANnsr.AIIE CONTRACTOR.S
10689 He.,TAG. BOULEVARO I
LAK' WORT>!, FL 33467 'I
P>!ONE (561) 432-0~00
FAX (561) 4~2-1123
E-~A".: aeRMLAND@AOL.COM I
1203 WALLACE DRIVE .
DeLRAY BEACH, FL 33444 I
PHONE {S6n 272-0076
... LANDSCAPE
COMMERCIAL lN~TALL.AT'O"l
RE510E:NTIAL IN5TALLATIO~
CLSTOM DE:SIGN
TROPICAL GAROEN$
ORIEN~A:'" GARDENS
Aou^ ~IC GiAl'1tlE.NS,
CACTl.l:=; GARDENS
Fi:OCK GARDtNS
T~EE AE:LOC"'TIQN
SPECIMEN PALMS
GRADING SF.:~VICE
... MAINTENANCE
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CDM"'Ig~CIAL
... IRRIGATION
DESIGN
IN';iALLATION
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FREE ESTIMATES
LICENSED BON::IED INSURED
5514321123
To:
Fax:
From:
I
I Subject:
I
Commen1s:
BERMUDA LANDSAPING
PAGE 01/02
FAX TRANSMISSION
Maggie ,
Date: July 14, 2004
561-330-9513
Pages: 2 (including cover page)
Wendy S. OiEduardo, Ext. 109
Boynton Mango, LLC - Warnllnty Deed
Per Roger DeCapito's request, following please find a copy of the deed for the
above referenced property.
Please call me if you have any questions regarding same.
07/14/2004 15:30
551 4321123
BERMUDA LANDSAPING
PAGE 02/02
~his i~struffie~t was prepared ny ~nd r.etur~ to:
Name WnHam P. Doney, Esqu::.rp
Addr.ess J,M5 Palm B.;:ac.t'. Lakes Blvd., Suite 610
\'le.5t P0I1:r. Beach, n 23401
III.I~~.IIIIIIIRI.II
Ptoperty Appra~serts
~arce: :de~tification No. C8-43-45-20-06-COC-Qlll
eFN 20040256051-
OR BK 16917 PG 1582
RECORDED ~5'06'2004 15,22,2~
Pal. Be8~h County, Florida
ANT 215._.llll
Doe Sta.p 1.585.00
DDrDthy H Wllk@on, Cle.rk of Cour.t
Grantee 41 S.S. No.
Grantee ~2 5,8_ Nc.
WARRANTY
DEED
(Statutory Forrn--S:fftio~ 689.02, F.S.)
THIS INDENTURE, made th~s sR day of ml>o.,,~ ' 2004, Bebfeen
Judy A. Hatfield and Donna B. Haefi~ld, individually and as Co-Trustees of that
oertain 't.r1.1st known as the Walter Du'tch Dee1ara1:.ion of T;rust dated February 7,
1989, as restated April 7, 1994, as amended, whose post office address is 240
Southland Roa.d, Pali.l. Beach, FL 33480 of the County of Palm Beach, State of
Florida, grantor"", and Boynton Manqo, LtC, wr.ose post office address is 10689
Heritage Boulevard, Lake Worth, FL 33467 of the County of Palm Beach, State of
Florida, grantee*,
~TNESSETH that said grantor, for and in consideration of the sum of
Ten ($:0.00) Dollars, and ot:-;er good and valu6.ble considerations to said
grantor in ha~d paid by said grantee, the receipt whereof is hereby
acknowledged, has grantedr bargained and sold to the said grantee, and
grantee's heirs and assigns forever, the following described land, situate,
lying and being in Palm Beach County, Florida, to-wit:
Lot 12 and the south 50 feet of Lot 11, DEIERL PARK, according to the Plat thereof on
file in the offices of the Clerk of the Circuit Court in and for Palm Beach County. in Plat
Book 23, page 236, LESS the right'of-way fOf State Road 804 (Boynton Beach
Boulevard), as conveyed to the State of Florida at Official Record Book 1668, page 227
ofthe Public Records o[Palm Beach County, Florida.
Grantors cert1fy that the s~bject property is not homestead p~operty
but is vacant, undeveloped :,.a:r.d.
and said grantor. does hereby fully warra:i.t the title to said land I and will
defe~d the same against lawful claims ot all oersons whomsoever.
*"Grantorll and I1grantee" are used for singul~r or plur.al, as contex.t requires
IN ~TNESS WHEREOF, grantor h~s hereunto set grantor1s hand and sea~
the day and year first above w=itte~.
Hil.1:field,
:'lalTte~
tor
Pri:1ted cr :'yped ni!lme: :Janna B, HatfieJ.d,
!nd~vidual1y ~~d ~s C~-Tru3tee
STATE OF
COUNTY OF
FLORIDA
PALM BEACH
THE FOREGOING INSTRUMENT was acknowledge before me ~his S""'" day
of May, 2004, by Judy A. Hatfield and Donna B. ~atfield, individually and as
Co-Trustees, who are personally known to me cr who have produced
~~'~A~~~ ~.~n~S ~dentlf~cation and who did (did not) take an oath.
~y Commission Expi=es:
~m '1~ ~
Prin:.edr ~yped~~or stamped n~e:
"~~ KmHlLSrnol!ey
~~ M\'COMMISSIONI DC!l117~ E)(.I'lflES
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~",,;.. tMrlI:C1'Hlll.fl1!(l'"f~'''SlJU'''1((1'IC
(SerJ.:;!l (l;Cln,')~:::-, if any)
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED;fa, iFrC- /JE' Cd' / Jo.WHO BEING
DULY SWORN, DEPOSES AND SAYS THAT:
VI. AGENT CONSENT FORM
1. He/she is the owner of the real property legally described in Attachment A;
2. He/she duly authorizes and designates to act in his/her behalf for the purposes of seeking a
change to the Future Land US.e Map designation of the real property legally described in
Attachment A;
3. He/she has examined the foregoing Future Land Use Map amendment application and he/she
understands how the proposed change may affect the real property legally described in
Attachment A.
FURTHER AFFIANT SA YETH NOT.
/
/"
c
T for~oing instru entjll8~ acknowledged before me this l:J...dayof
OG& I) Fe / / (J (Name of Person Acknow
to me or who has produced
identifioation and who did (did not) take an oath.
(S~nature f Person Taking ACknowledgment)
~/ ~
~V;J/ f} ),--'5 ~(L---
(Name of Acknowledger Typed, Printed or Stamped)
R",l"'<c_ f->':'h beG.,i'-'\"
Owner's Name (Print)
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(Yc~1 WIU'<\i/)Q,,"/ ~ f?D.Q P
Street Address
I:)e/Oy ,GUll/::) 2?f'l1
City, State, Zip Code
(Title or Rank)
(Serial Number, if any)
(Notary' Seal)
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ROSl YN DESSER
MY COMMISSION It DO 099218
EXPIRES:./uo/2,2COO
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Telephone ( )
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Justification Statement
This .29-acre subject property is a vacant parcel of land located on the Northwest corner
of Boynton Beach Blvd. and NW 7th Ct., and is surrounded by developed land. To the
East is an almost completed Law office, to the south is Boynton Beach Blvd. and strip
commercial, to the west is a medical office and to the north is a single-family unit. The
subject property's lone-vacant status is probably the result of a conflict between the land
use designation and the zoning, which the applicant wishes to correct. The land use
designation is Local Retail Commercial (LRC) and the zoning is RIA Single Family for
about 2/3's of the parcel and Neighborhood Commercial (C2) for the 1/3 portion that
fronts Boynton Beach Blvd. What makes the parcel even more unique is the fact that in
1992, the City Commission granted a request to use the residentially-zoned portion of the
property for commercial consistent with the C2 zoning district, with certain site-design
restrictions.
The applicant is requesting a rezoning to C2 to correct the incompatible residential
zoning that conflicts with the commercial land use designation and will provide the
adequate buffering necessary to protect the adjacent residential to the north. The
applicant is requesting that the city treat the subject just as all the other LRC designated
properties are treated along that corridor which also abut residential to the north. The
1992 approval allowing C2 zoning uses on the property had 2 restrictions. One of these
restrictions allows only drainage and landscaping within 30 feet of the northern boundary
line and the other restriction requires any structure to be built as "residential in
character". The property to the west of the subject property has parking within 5 feet of
its northern property line (which has residential to the north); and does not have a
building of residential character. Furthermore, there is no wall or opaque landscaping
providing a buffer, as the applicant of the subject property is willing provide. The
commercial property to the east of the subject property also has parking within 5 feet of
the northern property line adjacent to residential; however, a wall does provide an
adequate buffer. The building being Constructed on that site is also not of a residential
character. Since the Future land Use Map designates the subject property as LRC, and
since the applicant can already build uses comparable to those allowed in the requested
zoning district of C2, the applicant is merely asking the site-design considerations be
treated in a similar fashion as the adjacent LRC properties along the corridor.
Long standing case law prohibits local governments from being arbitrary and capricious.
Furthermore, the Florida Statute states that local governments must only permit
development that is consistent with their comprehensive plan. Therefore, the city must
rezone this parcel to be consistent with its Local Retail Commercial Land Use
Designation.
Florida Statute 163.3194 states the following:
Legal status of comprehensive plan.
I
. Pt"nni~9 tn-<ite &., O~<i9n ;
(I)(a) After a comprehensive plan, or element or portion thereof, has been
adopted in conformity with this act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in
regard to land covered by such plan or element shall be consistent with such plan
or element as adopted.
(b) All land development regulations enacted or amended shall be consistent
with the adopted comprehensive plan, or element or portion thereof, and anv land
development regulations existing at the time of adoption which are not consistent
with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent. If a local government allows an existing land
development regulation which is inconsistent with the most recentlv adopted
comprehensive plan, or element or portion thereof, to remain in effect, the local
government shall adopt a schedule for bringing the land development regulation
into conformity with the provisions of the most recently adopted comprehensive
plan, or element or portion thereof. During the interim period when the provisions
of the most recently adopted comprehensive plan, or element or portion thereof,
and the land development regulations are inconsistent, the provisions of the most
recently adopted comprehensive plan, or element or portion thereof. shall govern
any action taken in regard to an application for a development order.
The last sentence referenced above is the most important in determining the action that
must be taken with regard to this request. It simply states that should there be a conflict
between the Comprehensive Plan's land use designation and the Zoning designation, the
land use designation prevails.
Chapter 163 F.S. also requires all local governments to develop an Evaluation and
Appraisal Report (EAR) once every 7 years. Florida Administrative Rule 91-5 identifies
the specific items that must be addressed in the EAR, which is similar to a report card
measuring the success of the Comprehensive plan. Section 91-5.023 identifies the criteria
for determination of consistency of the Land Development Regulations (Zoning Code)
with the Comprehensive Plan. Subsection (I) states: "Character of land use and
development allowed by the regulation in comparison to the land use and development
proposed in the Comprehensive Plan."
This request to amend the Zoning of this parcel to be consistent with the Comprehensive
Plan is not only called for by the Florida Statutes and the Florida Administrative Code as
indicated above, but is also required by the City of Boynton Beach's own Comprehensive
Plan. The Plan's Land Use Element requires compatibility and, in fact, prescribes the
requested zoning district for all properties designated Local Retail Commercial:
Objective 1.16 - The City shall continue to regulate the use, density, and intensity of
land use, by requiring that all land development orders be consistent with the Future Land
Use Plan and other policies of the Comprehensive Plan.
2
: Pkmni~g tn-<iie ~Ge<ign
Policy 1.16.1 - The City shall continue to adopt and/or revise regulations, which
...shall correspond to the Future Land Use Plan in accordance with the following
description ofland use categories:...
Local Retail Commercial: shall consist of all C-2 Neighborhood Commercial and
C-3 Community Commercial Zoning Districts.
The above policy actually allows the more intense commercial zoning district of C-3.
However, the applicant is only requesting the least intensive commercial district allowed
for LRC designated properties.
The basic reason such discrepancies between the land use and zoning should be dealt
with is to prevent properties from lying fallow and imposing a blighting affect on
surrounding properties. Correcting such anomalies encourages property investment and
thereby increases the tax base. This rezoning provides an opportunity for the City to
encourage the viability of this property as well as the surrounding commercial parcels.
The following are specific items required to be addressed by the application;
I) Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies.
The proposed rezoning would be consistent with applicable comprehensive plan
objectives and policies such as:
Objective 1.16 - The City shall continue to regulate the use, density, and intensity of
land use, by requiring that all land development orders be consistent with the Future
Land Use Plan and other policies of the Comprehensive Plan.
Policy 1.16.1 - The City shall continue to adopt and/or revise regulations, which
...shall correspond to the Future Land Use Plan in accordance with the following
description of land use categories:...
Local Retail Commercial: shall consist of all C-2 Neighborhood Commercial and
C-3 Community Commercial Zoning Districts.
Objective 1.19 - The City shall evaluate and allow a range of land uses for which
the area, location, and intensity of these uses provide a full range of housing choices,
commercial uses to ultimately increase tax base, employment opportunities,
recreation etc.
3
Planning In-site &-< O~sigri ,
2) Whether the proposed rezoning would be contrary to the established land use pattern,
or would create an isolated district unrelated to adjacent and nearby districts or would
constitute a grant of special privilege to an individual property owner as contrasted with
the protection of the public welfare.
The proposed rezoning would not be contrary to the established land use pattern, and
would not create an isolated district unrelated to adjacent and nearby districts, nor
would it constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare. The adjacent parcels to the east
and west are zoned C2.
3) Whether changed or changing conditions make the proposed rezoning desirable.
The rezoning has been desirable ever since the Comprehensive Plan prescribed
commercial as a future land use designation for the site. The catalyst for this request
at this particular time, is the fact that the property is now owned by someone willing
to invest the time, effort and money necessary to correct the discrepancy between the
land use designation and the zoning.
4) Whether the proposed rezoning would be compatible with utility systems, roadways
and other public facilities.
The proposed rezoning would be compatible with utility systems, roadways and other
public facilities. The site can be served by city water and sewer lines and it fronts on
Boynton Beach Blvd.
5) Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties or would affect the property values of adjacent and
nearby properties.
The proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties and would positively affect the property values of
adjacent and nearby properties. The existence of a lone small (.29 acre) parcel can
ultimately cause a blighting affect on adjacent parcels. Adequate provisions can be
made to provide a buffer for the residential to the north, just as the law office has
done across NW 7th Ct.
6) Whether the property is physically and economically developable under the existing
land use designation/zoning.
4
PI"nni~ng tn-<ite ~ [Je<igri' ,
As previously pointed out, when a conflict exists between the land use designation
and zoning classification, the land use must prevail. Therefore, the owner of this
property would not be able to develop the parcel as residential. The only recourse is
to develop it according to the ruling made in 1992. However, developing it as a C2,
with the site development restrictions that were conditioned, would cause an undue
hardship on the owner that has not been required of any of the adjacent LRC
properties along Boynton Beach Blvd.
7) Whether the proposed rezoning is of a scale that is reasonably related to the needs of
the neighborhood and the city as a whole.
The proposed rezoning is of a scale that is reasonably related to the needs of the
neighborhood and the city as a whole. It is a request to change .29 acres to C2. It
would serve the neighborhood by developing a parcel that is causing a blighting
influence on adjacent parcels. Furthermore, it can serve the city as a whole by
increasing the tax base.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are no other sites in the city that have the legislative and regulatory constraints
that have been imposed on this parcel. It is not the proposed use that is of issue here,
but instead it is the unique restrictions and official designations burdening this
property that need to be remedied.
5
pl"'n~i~g In.<i-l;e &< D~<igri
Impact Comparison
1) A comparison of the potential square footage of number and type of dwelling
units under the existing zoning with that which would be allowed under the
proposed zoning or development.
Due to the 1992 approval of allowing C2 uses to be developed on the property, there is no
difference in the potential square footage to be permitted with the approval of this request
and that, which is currently allowed.
2) A statement of the uses that would be allowed in the proposed zoning or
development and any particular uses that would be excluded.
The uses that would be allowed in the proposed zoning are listed in the C-2
Neighborhood Commercial District section of the Boynton Beach Zoning Code, items a
through IT which includes all conditional uses and uses requiring environmental review,
items a through d. The excluded uses would be those listed in that sectionunder
"Prohibited uses", items a through 1.
3) Proposed timing and phasing of the development.
This property is only .29 acres, so when a site plan review is eventually applied for, it is
unlikely that phases will be necessary.
4) [Item 4 pertains to parcels exceeding 1 acre. Not Applicable.]
5) [Item 5 pertains to a traffic statement. The Boynton Beach Assistant Director of
Development, Nancy Byrne, waived the provision of a traffic statement for this
application. ]
6) [Items 6 through 8 pertain to parcels exceeding 1 acre. Not Applicable.
7) Not Applicable
8) Not Applicable
9) Not requested.
10) Not requested
11) [Item 11 pertains to planned zoning districts. Not Applicable]
12) [Item 12 pertains to sensitive lands. Not Applicable]
1
Planning In-site f:,..;t)esigri