LEGAL APPROVAL
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I .ORDINANCE NO. Cl'-l- 011
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING LAND
5 DEVELOPMENT REGULATIONS, CHAPTER 2
6 ZONING, SECTION 6. CREATING A NEW
7 SUBSECTION "G" ESTABLISHING A SUBURBAN
8 MIXED USE ZONING DISTRICT FOR THE PURPOSE
9 OF ENCOURAGING THE INTEGRATION OF USES
10 WITHIN MIXED USE PROJECTS ALONG SELECTED
II ROADWAY CORRIDORS WEST OF 1-95; PROVIDING
12 FOR CONFLICTS, SEVERABILITY, CODIFICATION
13 AND AN EFFECTIVE DATE.
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IS WHEREAS, the proposed addition of a Suburban Mixed Use zoning district to
16 Part III of the City of Boynton Beach Code of Ordinances is a staff-initiated
17 amendment to the Land Development Regulations; and
18 WHEREAS, the City Commission deems the adoption of this Ordinance to be
19 in the best interests of the citizens and residents of the City of Boynton Beach,
20 Florida;
21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing whereas clauses are true and correct and are now
24 ratified and confirmed by the City Commission.
25 Section 2. That Chapter 2, Zoning, Section 6. "G" is hereby amended by
26 adding the words and figures as follows:
27
28 G. SMU - Suburban Mixed Use Zoning District
29 1. Intent and Purpose. The Suburban Mixed Use zoning district. which
30 shall onlv be applicable to lands located west of 1-95. allows for a diversitv of land
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uses and accommodates and encourages a mixture of residential. office. retail.
recreational. and other miscellaneous uses. which mav be arranged either vertically or
horizontallv on assembled parcels along maior arterials outside of the downtown
redevelopment district. All development and redevelopment shall be guided bv an
approved plan through the use of the SMU master plan. planned unit development.
conditional use. or other site plan review processes.
The obiectives of the Suburban Mixed Use zoning district is as follows:
a. Support and enhance development and redevelopment efforts in
suburban areas outside of the downtown redevelopment area;
b. Create maior new mixed-use areas in planned locations with
appropriate densities. heights, and mixtures of uses;
c. Create attractive pedestrian environments through appropriate
separation from and design of vehicular circulation areas;
d. Provide public plazas and gathering places that are both well-
designed and integrated into the overall design of the development;
e. Allow flexibility in architectural design and building bulk; while
maximizing compatibility and harmony with adioining development;
f. Create higher Quality environments for residents. businesses.
emplovees, and visitors: and
g. Encourage innovative design that achieves vertical and horizontal
integration of uses.
2. SMU - Suburban Mixed-Use Zoning District.
a. In order to complement the redevelopment and envisioned
growth of the suburban area. the SMU zoning district shall only be applied to lands
west of 1-95 classified as Development of Regional Impact (DRD or other land use
classifications subsequently established on the Future Land Use Map.
b. The SMU district is appropriate for low- to mid-rise
developments that provide for medium density residential uses. The district allows a
maximum height of fifty-five (55) feet and a residential densitv of 20 dwelling units
per acre for mixed-use proiects. Building heights between 55 feet and UP to 75 feet to
the peak of the structure or anv architectural details mav be allowed only for interior
buildings (those buildings separated from property line bv another proiect building or
use). if approved as a conditional use. The review of SMU applications will
emphasize aesthetics and design Quality. and physical compatibility with adiacent
land uses. All new suburban mixed-use developments within this district shall front
on a maior arterial and contain a mixture of retail commercial. office and residential
uses.
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I 3. Permitted Uses. The following table identifies the permitted. restricted
2 and prohibited uses within the Suburban Mixed Use Zoning District. Uses are
3 classified as Permitted "P". Conditional "C" or Not Permitted "N". Uses permitted
4 with restrictions are followed bv a numeral that corresoonds to a footnote below the
5 table. Each footnote explains restrictions associated with the use. The Planning and
6 Zoning Director or designee shall have the discretion to approve uses that are not
7 specifically listed but are similar to uses that are expressly permitted.
8
TABLE 6G-t
SCHEDULE OF PERMITTED PRINCIPAL. ACCESSORY AND
CONDITIONAL USES
USE GROUPIUSE SMU ZONE
Residential or Lodl!inl! Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential Single Familv Detached P
Residential Sim!!e Familv Attached P
Residential Multi-Familv P
TemoorHTV Sales Office P
Temporarv Model Residences P
Boarding and Rooming House N
(excent where nrovided bv state law)
Accessorv Unit P
Government Office/Civic CenterlLibrarv P
Recreation (outdoor) C
Museum P
House of Worship pI
Police or Fire-Rescue Station P
Postal Center (retail sales only) P".
Post Office P
Public Park P
Public Parkin" Lot or Garage P
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Office Use GrOUD SMU ZONE
Banks Financial Institutions p""
Medical or Dental Clinic ~
Medical or Dental Office ~
Phvsical Therapv Clinic ~
Professional Business Office ~
Real Estate Office r:
VeterinarY Office or Clinic ~
Sales and General Commercial Use GrouD SMU ZONE
Alcoholic Beverage Package Store ~
Ammunition or Firearm Sale or Rental N
Animal Boardim!: or Kennel (indoor onlv) p"
Animal Grooming ~
USE GROUPIUSE SMU ZONE
Sales and General Commercial Use GrouD SMU ZONE
Animal SaleslPet Shops wNeterinarv Facilities ~
Antiaue MalllF1ea Market N
Arts Crafts Hobbv and Framinl' ~
Auction House N
Automotive Parts Sales w/out Service P'
Automobile Sales with Disnlav N
Bakerv. Retail 1>:
Bicvcle ShOD p"
BoatIMarine SaleslRental N
BoatIMarine Accessories p"
Bookstore ~
Buildinl' Sunnlies or Materials N
Bus Terminal N
Camera and Audio Video Eauipment F"
Contractor's Offi~uiDment Storal!e N
Coffee Shop P"
Convenience Store ~
Custom Furnishinl's and Antiaue Stores 1>:
Cvber-cafe P"
Delicatessen P"
Denartment Store <80 000 s.f. P
Denartment Store >80 000 s.f. C'
Dive shon and Instruction as Accessorv Use P"
Drug Store or Pharmacv po,'
Gasoline Sales with/without Vehicle Service N
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Grocerv Store SUDermarket P'
Fitness Center P"
USE GROUPIUSE SMU ZONE
Sales and General Commercial Use GrouD cont'd SMU ZONE
Florist ~
Furniture Store 1>:
Hardware Store P"
Health Food Store ~
Home Improvement Centers C'
Household Aopliances and Parts P"
Jewelrv or Cosmetics Store ~
Linen and Household Goods ~
LUl!l!al'e Purses and Personal Gear ~
Lumber Yard N
Membershin Club C'
Music Store ~
New Clothing. Shoes or Accessories P"
Newsstand ~
Office SunDlies ~
Outdoor Storage or Disnlay N
Parkin!!: Lot for Commercial Vehicles N
ParkinI' Lot or Garal!e Private Ownershin P
Personal Watercraft Sales. Rental. Service. Parts or ~
Repair
Photol'ranhic Studio and Photol!faohic SUDDlies 1>:
Restaurant. wlDrive Thru C'
Restaurant: Sit-Down P
Specialtv Foods and Confections 1>:
Snortinl! Goods P"
Television Radio Video and Stereo Fnuinment ~
Tobacco Accessories ~
Tov Store 1>:
Vehicle or Marine Customizing. Detailing. Service. N
Parts or ReDair
Video Rental P'
WholesalelW arehouselDistribution N
Service Use Group SMU ZONE
BarbershoDlBeautv SalonlDav Soa P"
DanceIMartial Arts Studio P"
Dressmaker or Tailor ~
Drvcleaner f:4
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Fitness Club ~
Funeral Home N
HosDital N
Labor Pool Establishments N
Service Use GrouD cont'd SMU ZONE
Laundromat P"
Medical Outnatient Facilitv C
Nurserv. Preschool or Child Davcare P
Nursinl' or Convalescent Home N
Photoconv Center ~
Self-Storage or Mini Warehouse C
Shoe ReDair ~
Tattoo ParlorlBodv Piercino N
SouP Kitchens/Substance abuse Centers/ N
ShelterslHalf-wav Houses
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USE GROUPIUSE SMU ZONE
Entertainment Use GrouD SMU ZONE
Adult Entertainment N
Bar Cocktail Lounl'e P'
Billiard ClublBowling AlleylIndoor ~
Recreation Facilitv
Binl!:O Hall N
Fortune Teller N
Movie Theater P"
Nil!ht Club C
Performinl!: Arts Theater P
Private Clubs. Lodges and Fraternal C'
Or"anizations
Accessorv Use SMU ZONE
Drive-Thru Facility (other than accessory C'
use to financial institutions, pharmacies and
restaurants )
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Restriction Notes:
1 Use shall be subiect to the followinl! distance separation reauirements from similar
uses. measured in a straight line. usinl!: the shortest distance between property lines:
For uses with less than 5.000 sauare feet of grOSS floor area. 750 feet.
For uses with a gross floor area eaual to or greater than 5.000 grOSS SQuare feet. 1.500
feet.
Must be integrated into a commercial or mixed use development and for anv single
business. not exceed 30 percent of the gross floor area of the mixed-use development.
2
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Gross floor area of grocery store must be a minimum of 20.000 sauare feet and a
maximum of 80.000 sauare feet.
On-site drop-off and pick-up onlv.
Drive-thru faciIitv. includinl! stackinl! lanes. must be screened from public ril!ht-of-
wav and reauires conditional use approval.
Indoor storage/displav shall not exceed 20.000 sauare feet.
Maximum footprint is 120.000 sJ. Elevations to be enhanced with aPDropriate
deshm elements to break UP large wall expanses (i.e. articulation. windows. columns.
varied rooflines. etc.).
4. Buildinl! and site regulations.
Minimum Parcel Size SMU ZONE
Residential or Lodl!inl! Use Group
Hotel 3 acres'
Residential. single Familv Detached 5.000 sa. ft.
Residential. Single Family Detached w/Accessorv 7 .500 SQ. ft.
Unit
Residential. Sinl!le Family Attached 2.500<). ft.
Residential. Multi-Family 15.000 sa. ft.
Community Facilitv Use Group
Public Park no minimum
All other Use 10.000 sa. ft.
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Or art of a rmxed use TO ect at least 3-acres m Slze
Maximum DensitvlIntensitv
Maximum F.A.R. (excluding parking structures)
Maximum Density
SMU ZONE
1.0
20 du/ac
Minimum Usable Open Space' SMU ZONE
Residential. Single Familv Detached' 40%
Residential. Single Familv Attached" 30%
All Other Uses' 20%
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Usable Open SDace shall orovlde active or oasslve recreatIOnal space and shall not
be occupied bv water bodies. streets. drives. parking areas. or structures other than
recreational structures
At least 50% of the reauired usable oven space for single familv residential uses
shall be contained in one or more common pooled areas and a rectangle inscribed
within each common pooled area shall have no dimension less than seventv-five
feet.
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Uo to 50% of the usable ooen space reauired for All Other Uses mav be hardscaoed
olazas and oublic l!atherinl! olaces.
Minimum Livinl! Area SMU ZONE
Single Familv Detached 1.200 sa. ft.
All other Residential 750 sa. ft.
Accessorv Apartment 750 sa. ft.
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Minimum Lot Frontal!e SMU ZONE
Residential Or Lodging Use Group
Residential. Single Familv Detached 50ft.
Residential. Single Family Attached (Duplex) 75 ft.
Residential. Single Familv Attached ITownhome) 20ft.
Residential. Multiple-Familv 100 ft.
All Other Uses 100ft.
Maximum Heil!ht SMU ZONE
Residential Or Lodging Use GrOUl'
Residential. Single Family Detached 35 ft.
Residential. Single Family Attached (Duplex) 35 ft.
Residential. Single Family Attached (Townhomes) 45ft.'
Residential. Multi-Familv 55 ft.''''
All Other Uses 55 ft.I.2
Minimum Height 35ft:' (25 ftf
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Where adiacent to developed single-familv residential zoninl! districts, Heil!ht
Setback Envelope shall aPDlv.
Maximum of 75 feet with conditional use aooroval. Exceotions to the maximum
heil!ht shall not be allowed. Setback from oropertv boundary is three times the
buildine: heil!ht. If oropertv abuts sine:le-famil v residential or arterial roadwav.
buildine: shall be seoarated from Dropertv line bv another oroiect building eQual to
or less than 55 feet in heie:ht.
Apolies to any facade with "arterial roadwav" frontae:e. MultiDle story buildine:s are
encoural!ed alone: arterial roadways. The intent of this orovision is to create the
aooearance. or simulate the intensitv of. a minimum two (2)-storv buildine:.
Conditional use aooroval reauired if less than the 35 ft minimum.
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FRONT YARD SETBACK SMU ZONE
Residential Or Lodging Use Group:
Residential. Single Family Detached build to line 10 ft.'
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Residential. Single Famil y Attached build to line 10ft.'
Residential. Multi-Family build to line 10 ft.>' 4. ,
All Other Uses including mixed use with a residential 10 ft.3.4.'
comnonent - build-to line
1 Porches may be olaced forward of the build to line and shall maintain a mini
foot setback from any oublic sidewalk, Porches shall be olaced outside of cle
trianl!:le. Minimum setback for a garage facinl! or accessing the street is 20 ~
2 Where less than 20 feet. l!aral!e access required from side or rear.
Proiectinl! feature(s) such as awnings. balconies. oorches and/or stooos mav
forward of the build-to line and shall maintain a minimum 2-foot setback fro
3 public sidewalk.
One or more proiecting feature(s) such as awnings. balconies. colonnades per
and/or stooos reauired forward of the build-to line and shall maintain a minim
foot clearance from any vehicular use area. Elements oroiecting over a nedes
walkwav shall allow a minimum 9-foot vertical clearance and 5 foot horizont
oedestrian clearance.
4 Front vard build to line along maior arterial roads. a maximum of 90 feet incl
, a 25-foot landscaoe buffer.
Where adiacent to develoned sinl!le-familv residential zoninl! districts. Heil!ht
Setback Envelone shall aoolv.
SIDE YARD SMU ZO
Residential Or Lodging Use Grouo
Residential. Single Familv Detached. Interior 71hft.orO/1Of
Comer 15 ft.
End 10ft.
Residential. Single Familv Attached (Duplex) Comer 15 ft.
Residential. Single Family Attached ITownhomes) End 10ft.
Comer 15ft.
Residential. Multi-Family 10ft.'
All Other Uses Oft:
REAR YARD SMU ZO
Residential. Single Familv Detached 7.5 ft.
Residential. Single Family Attached 7.5 ft.
Residential. Multi-Family 15 ft.1
All Other Uses Oft.'
, Where adiacent to developed sinl!le-familv residential zoning districts. Height
Setback Envelope shall aOl'ly.
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a. Building Height Measurement. Building height shall be
measured from the lowest point at the common propertv line or from the minimum
base flood elevation as established by FEMA. whichever is highest. to peak of the
structure. includinl! anv architectural details. rooftop equipment. stairwells. elevator
shafts. etc.
b. Height Setback Envelope: minimum building setbacks based on
building heights. The height setback envelope is applicable where the SMU
development is adiacent to a developed single-family residential zoning district. This
minimum setback shall be 3 times the building height for any multi-family or non-
residential structure. The setback shall be measured from the common boundarY of
the SMU and the single-family residential zoning district or the midooint of any
intervening right-of-wav.
5. Mixed Uses. Buildings containing residential and non-residential uses
are encouraged within the SMU zoning district and subiect to the same development
standards as "all other uses". Residential uses within mixed-use structures. with the
excePtion of designated live/work units. are encouraged not to be located on the
ground floor. which shall be reserved for nonresidential uses.
Nonresidential uses within mixed residential/nonresidential structures shall be
evaluated for their compatibility with residential uses located on upper floors. and
shall demonstrate compatibility based upon use-type. construction materials. floor
plan and site layout. and other reasonable factors as determined aopropriate given the
tyoe of use.
6. Landscaping. The landscaping reauirements for the SMU District are
suoplementary to those reauirements set forth in Chapter 21 of the Boynton Beach
Land Development Code.
a. SMU District.
· Trees. All new construction in the SMU District shall
orovide shade trees in the streetscape.
. The trees selected shall be consistent with the established
theme of the street. where appropriate. The Citv Forester will
provide consultation on appropriate species.
. Trunks shall be a minimum four (4) inch caliper measure
at DBH. In addition. there shall be no branches below four
(4) feet for visibility.
. In instances where canopies of overhangs make it
infeasible to plant trees. alternative means of providing
landscaping for the sidewalk shall be utilized.
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. Small flowering trees shall be planted under overhead
utilitv lines.
. Upon inspection bv the City Forester. any trees found to
be in declining condition shall be replaced within thirty (30)
days.
b.
Tree Spacing
. Trees along all street rights-of-way are reQuired and shall
be regularly spaced. The spacing of the trees shall be a
minimum of 30 feet on center for trees meeting only the
minimum caliper reQuirement. The City Forester shall
approve any increase in spacing for trees exceeding the
minimum caliper.
. Spacing may be modified to allow for the creation of
vistas. where appropriate. or by factors such as the placement
of utilities. by propertY access points. sight lines at comers or
by comer conditions.
. Tree placement shall match the existing pattern. where
appropriate.
c.
Tree Irrigation.
. Low volume design irrigation systems shall be installed to
service all trees with bubblers and other landscape materials
with sub-irrigation design.
. Irrigation systems shall be in operable condition at all
times.
d.
Sidewalks
. Sidewalk accents via pavers or stamped colored concrete
shall be utilized in all central oedestrianwavs of mixed-use
development areas only.
e.
Flower Containers
. To add color and soften internal sidewalk paving with
plants. flower containers containing blooming annuals or
perennials are encoural!ed to be planted and maintained along
facades of all central mixed-use areas in the SMU District.
f.
Perimeter Buffer
. A minimum perimeter buffer 25 feet in width shall be
provided surrounding the oroiect. All buffers abutting the
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right-of-way of arterial roadways shall include a landscaped
berm.
7. Parking Requirements. Parking reauirements for the SMU zoning
district shall be set forth by Chapter 2. Section liB. of the Bovnton Beach Land
Development Code.
a. Parking for mixed-use developments may utilize shared parking
ratios. consistent with those prepared by ULI- the Urban Land Institute. Supoorting
documentation from this standard book shall be presented with a shared parking
analysis at the time of technical site plan approval.
b. Freestanding parking garages as part of a multi-familv residential
or mixed-use development are permitted within the SMU Zone. Within the SMU
Zone. freestanding parking garages shall not have direct frontage on maior roadways
unless a oortion of the garage abutting said streets contains storefronts. restaurants or
other permitted nonresidential uses. or residential uses on the first floor. The intent is
to attempt. where possible. to border or wrap the garage in storefronts and other
permitted habitable floor area so as to disguise the garage and create continuitv in
street-level activity by maintaining interest for pedestrians and passing automobile
traffic. Principal structures that include parking garages shall be designed to blend the
architecture of the garage with the remainder of the structure or adiacent buildings.
Portions of freestanding parking garages that are not screened with habitable space
and are in view from the general public shall utilize design measures such as shutters.
planter boxes. tall landscaping. etc. to soften their impact.
c. Parking garages that are incorporated into the same structure as a
principal building. including structures providing parkin@: on lower floors and
habitable space on upper floors. are permitted within the SMU Zone. Understory
parking is permitted throughout the SMU Zone for multiple-floor buildings. Such
parking areas shall be screened from view by landscaping, buildings. and/or
architecturally articulated facade designed to screen the parking area.
d. In order to increase the efficiency of parking provision and
vehicle circulation. parkinl! facilities shall be interconnected whenever possible.
8. Dumpster Location. Dumpsters shall be adeauately screened from view
in accordance with the provisions of the Land Development Regulations. or
compatible with the surrounding environment if located out of view from the general
public.
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9. Signage. Chapter 21. Signs. shall govern signage along the maior
arterials. except as otherwise approved within a master signage program for the SMU
development proiect.
10. Minimum Proiect Size. A minimum of 10 acres shall be reauired for
anv proiect developed under the provisions of the SMU regulations.
11. Master Plans for Phased Proiects. The procedures for zoning of land to
SMU district shall be the same as for olanned zoning districts. To promote and
encourage development in this form where uses may be integrated horizontally and
vertically within structures as coordinated units. a SMU master plan. including multi-
year phases. shall be submitted and reviewed for approval at the time of rezoning to
SMU.
a. In addition to the information reQuired for application for zoning
generally. the applicant shall submit a SMU master plan containing the following
materials or data:
1. The title of the project and the names of the professional proiect
planner and the developer;
2. Scale. date. north arrow and general location map:
3. A current survey. sealed. that includes the boundaries of the
prooerty involved. all existing streets. buildings. water courses.
easements. section lines and other existing important physical
features in and adioining the proiect:
4. Master plan locations of the different uses proposed. including
open space or common areas. recreational facilities. residential
areas. commercial uses. office uses. other permitted uses. and
areas to be developed with integrated mixed-use structures:
5. Master plan generally showing access and traffic flow to each
parcel:
6. Tabulations of total gross acreage in the development and the
percentages thereof prooosed to be devoted to the several land
use types.
7. Tabulations demonstrating the prooosedl numbers of dwelling
units. SQuare footage of commercial. office and other uses. and.
8. Architectural design standards showing the following: design
themes to be followed. building colors and color pallet options.
maximum building heights. and color elevation renderings
depicting representative design conceots.
I subject to changes in use category at time of technical site plan approval
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b. Procedures. On application of master plan approval for a SMU
; proiect. the planning and development board and City Commission shall proceed in
general as for other applications for planned zoning districts.
13. Master plan modification. Following approval of a master plan for a
SMU, subsequent modifications mav be processed by the TRC portion of the site plan
review process as long as the proposed changes do not increase or decrease the total
sauare footage for office or retail uses. or dwelling units by more than 30%. do not
require a Notice of Proposed Change to a Development of Regional Impact as defined
in Florida Law. or lower the overall standard of the master plan as defined bv public
plazas and open space. architectural design characteristics, building placement and
massing. or location of land uses.
Non-substantial modifications will not extend time limitations for development
of property as stipulated in LDR Chapter 2. Section 9. paragraph C13.
14. Site Plans. Site plans for development of land zoned SMU shall be
processed in accordance with procedures established in the City's Land Development
Regulations. The site plan application data shall be in substantial compliance with the
Master Plan submitted as a part of the application for zoning to SMU. In addition to
the requirements of the Land Development regulations determined to be applicable,
the following information shall be provided:
a. BUILDING LOCATIONS AND ARCHITECTURAL
ELEVATIONS of all structures prooosed except for single-family detached homes
which are a part of the project shall be depicted on the site plan or and the
supplementarv materials required.
b. LANDSCAPE plan depicting existing and proposed vegetation
and locations thereof on the site. consistent with the requirements of Chapter 4 of the
Citv's Land Development Regulations.
c. FENCE. WALL AND PLANTING SCREEN locations. heights
and materials.
d. TABULATIONS analyzing the number of total grOSS acres in the
proiect and the percentages thereof proposed to be devoted to the dwelling types.
nonresidential uses. other accessory structures. off-street parking and off-street
loading. streets. recreation areas. parks. schools and other reservations. Tabulations
of total number of dwelJing units in the proiect bv types and the overall proiect
density in dwelling units. Tabulations of floor area of nonresidential uses and the
overall project intensitv. Floor area as computed from FAR. shall include the floor
area of all permitted principal or accessorv uses except areas for parking, storage.
S:ICAIOrdinances\SMU rev 040B04.0OC
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I elevator hoist equipment or machinery. heating or air conditioning equipment.
2 stairwells and towers. and the like; and requirements deriving from floor areas shall
3 include such floor area.
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5 e. COMMON AREAS. Once a master plan and boundarY plat
6 approval has been obtained the applicant shall proceed in accordance with the
7 requirements of the subdivision regulations. determined to be applicable. In addition
8 to the olat certificates specified in the city subdivision regulations and prior to
9 recording a final plat. the developer shall file. a legally constituted maintenance
10 association agreement for improving. perpetually operating. and maintaining the
11 common facilities; including streets. drives. parking areas. plazas and open space and
12 recreation facilities: or he shall file such documents as are necessarY to show how the
13 said common areas are to be improved. operated or maintained. Such documents
14 shall be subiect to the reasonable approval of the city attorney.
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16 15. Once a master plan has been approved in a SMU district. the designated
17 parcels may be platted as a boundarY plat for the puroose of a sale to a
18 301 party purchaser. Each parcel that is platted will be subiect to
19 technical site plan approval as provided in the City's code. This
20 boundarv plat may be processed simultaneously with the SMU master
21 plan or a SMU master plan modification.
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23 Section 3. The definition of "mixed use development" contained in Chapter
24 2, Zoning, Section 6.F.13 is hereby revised to read:
25 Mixed Use Development: a combination of two or more uses on a single parcel. tract
26 or development pod. In the Urban Mixed Use-Low Intensitv and the Suburban Mixed
27 Use zoning districts. mixed-use can refer not only to uses within single buildings. but
28 to different uses mixed in close proximity in a single development.
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Section 4.
Each and every other provision of the Land Development
31 Regulations not herein specifically amended, shall remain in full force and effect as
32 originally adopted.
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Section 5.
All laws and ordinances applying to the City of Boynton Beach
34 in conflict with any provisions of this ordinance are hereby repealed.
S:ICAIOrdlnancos\SMU rev 040804.000
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II
1 Section 6, Should any section or provision of this Ordinance or any portion
2 ereof be declared by a court of competent jurisdiction to be invalid, such decision
3 'hall not affect the remainder of this Ordinance.
4 Section 7, Authority is hereby given to codify this Ordinance.
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Section 8. This Ordinance shall become effective immediately.
RST READING this A day of fY\ af'C~ ,2004.
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day of Itllnl
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ECOND, FINAL READING AND PASSAGE this 7
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CITY OF BOYNTON BEACH, fl.ORIDA
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Vice Mayor
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Commissioner
. A'
ad Use Ordinance Revised 2-2S-Q4,OOC
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(5) Pursuant to Section 380.11, Florida Statutes, the Department, all state attorneys, and all counties and
munlclpalitles may bring an action for injunctive reHef against any person or developer found to be In
violation 01 Chapter 380, Florida Statutes, or any rules, regulations or orders Issued thereunder.
~.
SpecifIC Authority 380.032(2), 380.06(23) FS.
Law Implemented 380.06(15), (17) - (19),380.11 FS.
History - New 5-4-83, Formerly 98-16.27, Amended 11-2lJ-90.
SiJ-2.0275 - Aggregation Rule.
(1) Purpose. The purpose 01 this rule section is to establish the terms and definitions which will be used to
determine which of the development types Usted In Chapter 28-24, Florida Administrative Code, will be
aggregated pursuant to Subsection 380.0651 (4), Florida Statutes.
(2) Definitions. As established in this rule section:
(a) 'PhysicallY prol<lmate' means that any portion of two or more developments is located:
1. No more than one-fourth (114) mile apart In areas designated as urbanized 8{eas in the 1980 U.
S. Department of Commerce, Bureau of Census publication, Census of Population and Housing
Block Statistics (PHC8o-1) maps, Report No. 11 lor the State of Florida, incorporated herein by
reference. [These maps may be obtained from the U.S. Department of Commerce or viewed at the
appropriate Regional Planning Council offices]; or
2. No more than one-half (112) mile apart In areas that are not designated as U1banized areas in
the 1980 PHC80-1 maps. When any portion of the two or more developments is located within an
area not designated as urbanized, the criteria In Subparagraph (2)(a)2. shall apply.
Notwithstanding anything in this rule to the contrary, two or more developments will be considered
physically prol<imate when they are separated by property contiguous to the developments that are
owned or controlled by the same person or entity who owns or controls a significant legal or
equitable interest in those developments sought to be aggregated, so long as the distance
between the developments does not exceed two miles.
(b) 'Significant legal or equ~able interest' means that me same person has an interest or an option to
obtain an interest 01 more than 25 percent (25%) in each development for the following types of
interests:
1. a fee simple estate;
2. a leasehold estate of more than thirty (30) years duration;
3. a life estate;
4. mineral rights in mining developments; or
5. similar equitable, beneficial or real property interests in the development A lessor's Interest
. under a lease of more than thirty (30) years duration is not a significant legal or equitable interest_
(c) 'Reasonable closeness in time' for the purposes of this rule will mean withIn fiVe (5) years.
(d) 'Completion of 80 percent (80%)' means:
1. For purposes of residential development, when up to 80 percent (80%) of all improved lots or
parcels have been constnJcted or received certificates of occupancy or have been sold to bona
fide third party purchasers or when 80 percent (80%) of all dwelling units have received certificates
of occupancy.
2. For purposes of all other types of development, up to 80 percent (80%) of all improved lots or
parcels have been sold to bona fide third party purchasers or when 80 percent (80%) of all of the
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development has received certifICates of occupancy, or when no certificates of occupancy are
required for the use of the development, when 80 percent (80%) of the physical development
activity or construction has occurred.
3. For purposes of satisfying the above eighty percent (80%) standard, the development Bnd
approval actions rlSted in subparagraphs 1. and 2. may be added together and accumulated.
(e) 'Sharing of Infrastructull'l' means the voluntary joint use by two or more developments of internal
roadways, Internal recreational facilities or parks, amenities, or water, sewage or drainage facilities
specifically constructed' to accommodate the developments sought to be aggregated. Shared
infrastructure does not include:
1. Any joint or shared use of private or public infrastructure specifically required under an
established policy if general applicability as set forth under a comprehensive plan adopted
pursuant to Chapter 163, Florida Statutes, an adopted local government ordinance or resolution,
state statute or by adopted rule of regional or state regulatory agencies;
2. Any joint or shared use of pub6c recreational facilities or parks so long as they were not
conveyed by a person ~h a signifICant legal or equitable interest in the developments sought to
be aggregated; .
3. Any joint or shared used of publicly financed drainage or stonnwater management facilities,
roadways or water or sewer facilities which well'l not constructed or financed specifically to
accommodate the developments comldered for aggregation; or .
4. Design features, flflancial arrangements, donations, or construction that Is specified in and
required by an agreement under Paragraph 380.0651 (4)(e).
(n 'Common advertising scheme or promotional plan' means any depiction, mustralion, or
announcement which indicates II shared commercial promotion of two or more developments as
components of a single development and Is designed to encourage sales or leases of property.
(3) It each development considered for aggregation received authorization to commence development prior
to September 1, 1988, aggregation shall be governed by the tanns and provisions contained In Chapter
28-11, Aggregation Rule, Flortda Administrative Code, (1986). When, one or more 01 the developments
considered for aggregation receive local govemment authorization to commence development on or
atter September 1, 1988, aggregation shall be governed by the tenns and provisions of Subsection
380.0651(4), Florida StaMes, which this rule Implements; however, this rille shall not affect written
decisions, agreements, and binding letters of interpretation made or Issued by the state land planning
agency prior to September 1, 1988.
(4) If any developer Is in doubt as to whether two or more developments are subject to aggregation, the
developer may:
(a) Request a binding determination from the Division of Community Planning. The developer shall
submit his appfication for a binding letter of interpretation by completing and filing part I of Form
BLWM-01-S3, incorporated herein by reference, effective May 4, 1983 (Development of Regional
Impact Status) along with supporting documerrtation sufficient to detennine the applicability of
Subsection 380.0651(4), Florida Statutes to the particular projects, with the Bureau of Local
Planning. This fonn may be obtained upon request to any regional planning agency or to:
Division of Community Planning
Bureau of local Planning
2555 Shymard Oak Blvd.
TallahasSee, Florida, 32399; or
84
...~ (b) Request an informal dE. 1ination in the form of a clearance letter I ubmitting a written request ~
along with supporting r.locumentatlon sufficient to determine the applicability of Subsection
380.0651 (4), Florida Statutes, with the Division of Community Planning, Bureau of Local Planning. .
The Division shall, If It feels the Issue Is debatable, decline to Issue a clearance letter.
---
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Specific Authority 360.0651(4) FS.
Law Implemented 360.0651(4) FS.
History - New 2.2.69.
Library References: Bowman & Powell, The Flexible New Approach to DRI Aggregation, 63 Fla. Bar J. 54
(July/Augus(1989).
9J-2.028 - Master Development Approval Alternative Review Procedure.
(1) If a proposed development is planned for development over an extended period of time, the developer
may seek to follow an a~emative DRI review procedure by filing an application for master development
approval of the project and agreeing to present subsequent increments of the development for
preconstruction review pursuant to Paragraphs 380.06(21)(b) - (c), Florida Statutes. One increment
may be proposed and reviewed concurrently with the application for master development approval. All
other increments must be submitted and approved subsequent to the issuance of the master
development order. This a~emative procedure shall follow DRI procedures established by statute and
rule but shall not be used for the conceptual agency review process specified In Subsection 380.06(9),
Florida Statutes. Where such a procedure may be appropriate, the developer shall consult with the local
govemment and the regional planning agency regarding Information to be provided; the timing of review
of phases, increments, or Issues related to regional Impacts of the proposed deve'opmen~ and any
other considerations that must be addressed In the application for master development approval and
the agreement required by Paragraph 380.06(21)(b), Rorida Statutes. The agreement shall be entered
into by the developer, the regional planning agency, and the local govemment having jurisdiction before
the application for master development approval Is filed.
(2) In determining sufficiency of Information contained in an application for master development approval,
the regional planning agency shall give consideration to: the adequacy and availability of sufficient,
reliable information; the necessity of subsequent review of phases, increments, or issues related to
regional impacts; additional information which may be required In subsequent incremental applications;
and issues which could result In the denial of an Incremental application.
(3) Prior to adoption of the master plan development order, the developer, the landowner, an appropriate
regional planning agency and the local govemment having jurisdiction shall review the draft
development order and, if appropriate, related agreements to ensure that the requirements 01
Paragraph 380,06(21)(b), Florida Statutes, are met. In addition, the development order and any related
agreements shall:
(a) Adequately address ariticipated regional impacts considered in the application for master
development approval and the report and recommendations of the regional planning agency;
(h) Specify which regional issues have been sufficiently reviewed;
(c) Deny, approve or approve with conditions the conceptual or master plan development and any initial
increments or phases of development that may be appropriate and that have been reviewed by the
regional planning agency;
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(d) Define presently known Infoh...dion requirements for, and issues which al\. ;Jbject to, further review
upon submission of subsequent Incremental applications for development approval; and
(e) Identify issues which can result in denial of $Ubscquent applications.
(4) The review of subsequent incremental applications shalt be as prescribed In paragraph 380.06(21)(b),
Florida Statutes. Substantial changes in conditions underlying the approval of the master development
order or substantially inaccurate information upon which the master development order was based are
to be construed to mean changed conditions or Inaccurate information that creates a reasonable
likelihood of additional adverse regional impact or any other regional Impact not previously reviewed by
the regional planning agency.
(5) This rule shall not be construed to limit or modify statutory responsibilities of regional planning
agencies, local governments or the Department In complying with Section 380.06, Florida Statutes.
Specific Authority 380.032(2), 380.06(23) FS.
Law Implemented 380.06(21) FS.
History - New H.16, Amended 5-4-63, Formerly 27F-l.24, 96-16.28, Amended 11-20-90.
9J-2.029 _ Downtown Development of Regionallmpac;t Alternative Review Procedure,
(1) A downtown development authority may submit a downtown DRI application for development approval
pursuant to Subsection 380.06(22), Florida Statutes and Paragraph 9J-2.022(1)(c), Florida
Administrative Code.
(2) In addition to the requirements specified in Subsection 380.06(22), Florida Statutes, the following shall
apply:
(a) Upon request of the downtown development authority, the regional planning agency shall request
that representatives of local govemment with jurisdiction over the land area participate In the pre-
application conference arranged pursuant to Subsection 380.06(7), Florida Statutes, and Section 9J-
2.021, Florida Administrative Code; .
(b) Questions in the application for development approval that are not appropriate for a downtown
development area may be eliminated from the appUcation by agreement between the regional
planning agency and the downtown development authority pursuant to Subsection 380.06(1), Flonda
Statutes, and adopted rules of the regional planning agency.
(e) In addition to the requirements for a development order specified in Subsections 380.06(1.5) and
(22), Florida Statutes, and Section gJ-2.025, Florida Administrative Code, the development order
shall specify a procedure for monitoring:
1. The amount of land use development occurring in each land use category pursuant to
Paragraph 380.06(22)(b), Florida Statutes.
2. The remaining capacities in public facilities and services and the condition of natural resources
or archaeological or historical resources that are Impacted by, or are pertinent to, the approved
downtown development application and development order. .
(d) In addition to the requirements for the annual report pursuant to Paragraph 380.06(15)(0), Florida
Statutes, and Subsection 9J.2.025(7), Florida Administrative Code, the annual report for an
approved downtown DRI shall include:
1. A comparison of the amount of development approved in each land use category and the
amount of land use actually developed as of the end of the year; and
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
l..."!
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
December 29,2003
Mr. Bob Cambric
Growth Management Administrator
State of Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Notification of a Proposed Change
Renaissance Commons (flkla Motorola) - DR! - Amendment No.2
(Our Ref. No. DRIA 03-001)
Dear Mr. Cambric:
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 16,2004 at 6:30 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
As you are aware from their original submittal letter, Compson Associates of Boynton II LLC have
authorized the process to extend beyond the 90-day statutory requirement.
Should you have any questions, please feel free to contact me at 561-742-6260.
Sincerely,
Ed Breese
Principal Planner
cc. Kim Glas-Castro, AICP, Ruden McClosky
Jim Cherof, City Attorney
S:IPlanningISHAREDlWPIPROJECTSlMotorol. DRI\DRI\DCA let 2.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.c1.boynton-beach.or
rr.'Y
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
December 29, 2003
Mr. James Snyder
Treasure Coast Regional Planning Council
301-E Ocean Boulevard #300
Stuart, Florida 34994
Re: Notification of a Proposed Change
Renaissance Commons (flkla Motorola) - DR! - Amendment No.2
(Our Ref. No. DRIA 03-001)
Dear Mr. Snyder:
Please be advised that in accordance with Chapter 380.06 F.S. the City of Boynton Beach has
scheduled a Public Hearing regarding the above referenced Notice of Proposed Change for Tuesday,
March 16,2004 at 6:30 PM. The Public Hearing will be held in City Commission Chambers located
at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
As you are aware from their original submittal letter, Compson Associates of Boynton II LLC have
authorized the process to extend beyond the 90-day statutory requirement.
Should you have any questions, please feel free to contact me at 561-742-6260.
Sincerely,
Ed Breese
Principal Planner
cc. Kim GJas-Castro, AICP, Ruden McClosky
Jim Cherof, City Attorney
S:IPlanningISHAREDI WPIPROJECTSIMotorola DRl\DRl\DCA let 2.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742~350 . www.c1.boynton-beach.or
The City of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
CERTIFICATION
I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida,
do hereby certify that the attached City of Boynton Beach, Code of Ordinance
#04-012 consisting of three pages and Exhibit "E", Conditions of Approval
consisting of two pages are true and correct copies as they appear in the records
of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 26Slday of July, 2004.
Yn.~
M. PRAINITO, CMC, CITY CLERK
(SEAL)
America's Gateway to the Gulfstream
I ORDINANCE NO. 04- Of a
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING THE FUTURE LAND USE
5 ELEMENT OF THE COMPREHENSIVE PLAN TO
6 ESTABLISH A DEVELOPMENT OF REGIONAL IMP ACT
7 (DRI) AS A LAND USE DESIGNATION, AND
8 CORRESPONDING POLICIES FOR THE RENAISSANCE
9 COMMONS DRI (FKA MOTOROLA DRI) THAT
10 DOCUMENTS ITS APPROVAL, USES, DENSITIES AND
11 INTENSITIES AND APPROVED TRAFFIC GENERATION;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
13 EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City")
16 as adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the Local
17 ovemment Comprehensive Planning Act; and
18 WHEREAS, after public hearing and study, the City Commission deems it to be in
19 he best interest of the inhabitants of the City to amend the text of the City's Comprehensive
20 Ian by the creation of Objective 1.24. delineating Developments of Regional Impact in the
21 uture Land Use Element and Future Land Use Map, and the three policies specific to the
22 enaissance Commons DRI; and
23 WHEREAS, the addition of the objective will recognize an approved DRI as a
24 pecific land use category, and the three proposed policies are specific to the Renaissance
25 ommons DRI and allow the data, analysis and statewide review of the project to serve as the
26 ustification and documentation for the DRI; and
27 WHEREAS, it is the recommendation of staff that a text amendment be made to
28 rovide for the creation Objective 1.24, which objective will recognize an approved DRI as a
29 pecific land use category.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. That Objective 1.24 of the City of Boynton Beach Comprehensive
Ian is hereby created, as follows:
bjective 1.24 The City shall delineate "Developments of Regional Impact" in the
Future Land Use Element and on the Future Land Use Map. Each
Development of Regional Impact shall be governed by specific policies
herein.
olic 1.24.1.aThe Renaissance Commons fka Motorola Develo ment of Re ional 1m act
(DR!). approved bv Ordinance 79-36, as most recentlv amended bv
Ordinance 04-013 (the "Development Order"). is a multiple-use
proiect proposed to contain multi-familv residential, commercial and
office uses.
olic l.24.1.b
Consistent with the Renaissance Commons DRI Development Order.
the approved land uses and intensities shall be as follow:
Land Usee as defined in Policv 1.16.1)
High density Residential
Office Commercial
Local Retail/General Commercial
Minimum-Maximum Intensity
1.085 du to 2.016 du
173.460 sf to 322.140 sf
149.100 sf to 276.900 sf
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olic 1.24.1.c
Traffic generation for the Renaissance Commons DRI shall not exceed
1.634 p.m. peak hour trips (For compliance with Article 12, Traffic
Performance Standards of the Palm Beach Countv Unified Land
Development Code).
Section 2. All laws and ordinances applying to the City of Boynton Beach in
onflict with any provisions of this ordinance are hereby repealed.
Section 3. Should any section or provision of this Ordinance or any portion
ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
. ffect the remainder of this Ordinance.
Section 4.
This Ordinance shall become effective immediately.
/y\o.,mh
FIRST READING this ~ day of
,2004.
I SECOND, FINAL READING AND PASSAGE this ~ day of Ju '1
2 004.
3
4 CITY OF BOYNTON BEACH, FLORIDA
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28 :\1990\900182.BB\ORD\CPTA 02-002 (5-27-03).doc
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EXHIBIT "E"
Conditions of Approval
~c/'/-o/~
Project name: Renaissance Commons (tka Motorola) DRlA
File number: DRIA 03-001
Reference: 2nd review plans identified as a Development of Regional Impact Amendment Master Plan with a
k'
January 27, 2004 Planning & Zoning Department date stamtl mar mI!.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X
all utilities on or adjacent to the project.
2. Justify the water and sewer values used in the conversion matrix. Those X
numbers should relate to what actually has been purchased to date. Provide
specific justification for the high values applied to office and industrial uses
3. Based upon the applicant's conversion matrix (which we do not accept), the X
site exhibits an increase from the current use of 2161.66 dwelling units
(equivalent) to 3281.01 dwelling units (equivalent) with the proposed
change. A change of this magnitude would require the applicant to
fund a re-study of the Utilities Master Plan for water and wastewater
in the affected area. Any cost for utility upgrades as a result of impacts
from this project shall be borne by the applicant.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Provide a master storm water management plan in accordance with the X
LDR, Chapter 3, Article IV, Section 3.T.
BUILDING DIVISION
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT !
Comments: None X
PARKS AND RECREATION
Connnents: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
5. Provide a Jetter from the South Florida Water Management District X
regarding impacts to ground and surface water as a result of the proposed
change, prior to issuance of any building pel'Ifrits.
6. Pursuant to Chapter 380.06 (]9)(e) 5.a. and (19)(e) S.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
7. Indicate the width of all access points to ensure their compliance with City X
code. Also show the access points to collector and arterial streets indicating
their compliance with access requirements within the code.
8. The approval of NOPC #2 is contingent upon the approval of the Land Use X
Amendment to Development of Regiona] Impact (DRI) and Rezoning to
Suburban Mixed Use (SMU).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
9. Per FOOT requirement, the build-out date for the DRI shall amended to X
reflect a period of 25 years, December 31, 2005.
]0. Per FOOT requirement, the project must contribute to an additional X
Westbound through Jane at the intersection of Gateway Bou]evard and
Congress A venue, prior to build-out.
S:\Planning\SHARED\ WP\PROJECTS\Renaissance Commons\DRIA 03-00 IIMPMD 03-OO2\COA.doc
I Ruden
~~ McClosky
222 lAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH, FLORIDA 33401--6112
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
July 7, 2004
City Clerk's Office
City of Boynton Beach
100 E Boynton Beach Boulevard
Boynton Beach, FL 333435
RE: Notice of Public Hearing - Renaissance Commons
"
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Enclosed please find evidence that notice requirements, pursuant to Ordinance 04-007,
have been fulfilled for the July 20, 2004 City Commission consideration of the Renaissance
Commons quasi-judicial petitions.
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WIST PALM BEACH
AFFIDAVIT
Quasi-Judicial Notice Mailing and Sign Posting
Petitions #CPTA03-0001, DRlA03-0001, MPMD03-0002, LUAR03-009
Renaissance Commons
I, Kim Glas-Castro, agent for the applicant, Compson Associates of Boynton II, LLC
have mailed a Notice of Public Hearing (copy attached) to each property owner within
400 feet of the subject property as identified by the Palm Beach County Property
Appraiser's Office (property owner listing with addresses attached). This Notice was
mailed on July 6, 2004 by first class mail. Additionally, I have caused to be posted the
four (4) required public notice signs along the Congress Avenue and Gateway Boulevard
frontages of the subject property. These signs serve as notice of the pending petition
considerations on July 20, 2004. The signs were posted on July 6, 2004 (photo attached).
k~d=
-=i-'l-oLJ
Date
State ofFlorida
County of Palm Beach
The foregoing instrument was acknowledged before me this 7 11 day of July, 2004, by
Kim Glas-Castro, who is personally known to me.
(Seal)
~1\. - R Huboo
. ~) Mt Commission CC97'98S5
-':'0..,;1 Expires November 27 2004
NOTARY PUBLIC:
My Commission Expires:
~(L~
.
WPB: 120651 ,9
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT
NOTICE OF MASTER PLAN APPROVAL
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday,
July 20, 2004 at 6:30 p.m. or as soon thereafter as the agenda permits in the
CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to
consider this request submitted by Kim Glas-Castro, AICP of Ruden McClosky
on behalf of Compson Associates of Boynton II, LLC. The request is described
as follows:
LOCATION: Southeast corner of Congress Avenue and Gateway Boulevard
REQUEST:
REQUEST:
REQUEST:
'1--, I
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Amend the Comprehensive Plan Future Land Use Map:
From. Industrial (I) and Local Retail
Commercial (LRC)
To. Development of Regional Impact
(DRI)
Rezone:
From -
Planned Industrial Development
(PID) and C-3
Community Commercial
Suburban Mixed Use (SMU)
To
Amend the text of the Comprehensive Plan Future Land Use
Element
To Add a Development of Regional
Impact (DR I) designation on the
Future Land Use Map and add a
DRI objective and policies for the
('
Location Map
MOTOROLA P.W.
EXHIBIT "A"
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08-43-45-16-29-000-0530
SCHOOL BOARD OF PALM BEACH COUNT
PLANNING AND REAL ESTATE C/O
3320 FOREST HILL BLV
# C331
WEST PALM BEACH PL 33406-5813
08-43-45-17-06-000-0012
OPR BOYNTON REALTY
400 NW 74TH AVE
FORT LAUDERDALE FL 33317-1618
08-43-45-17-07-000-0200
MGZ PROPERTIES
1900 CORPORATE BLV
# 4oo-E
BOCA RATON FL 33431-8512
08-43-45-17-08-000-0401
SCHOOL BOARD OF PALM BEACH COUNT
PLANNING AND REAL ESTATE C/O
3320 FOREST HILL BLV
# C331
WEST PALM BEACH PL 33406-5813
08-43-45-18-08-001-0000
CATALINA SHOPPES PLA LLC
ROBERTS EQUITIES C/O
4 E 80TH ST
NEW YORK NY 10021-0110
08-43-45-18-15-001-0000
AMERICAN DEVELOPMENT CORP
1100 LINTON BLVD STE C9
DELRAY BRACH FL 33444-1146
08-43-45-19-14-000-0040
CAT.ALINA SHOPPBS FLA LLC
ROBERTS EQUITIES C/O
.. E 80m ST
NEW YOkK NY 10021-0110
08-43-45-20-01-000-0680
KLATT ENTERPRISES INC
PO BOX 1240
BOYNTON BEACH FL 33425-1240
aAVERY@
Address Labels
08-43-45-17-02-001-0010
BOYNTON OFFICE OWNE
'"
CAPITAL PARTN INC C/O Sib
1 IIlDEP ..s>.;') .r- ~
STE 4 \' C-0
CKSONVILLE FL 32202-5005
08-43-45-17-00-004-0060
RM BOYNTON SHOPPBS LLC
ROSS REALTY INV c/O
3325 UNIVERSITY DR
STE 210
FORT LAUDERDALE PL 33328-2007
08-43-45-17-06-001-0000
QUANTUM COMMUNITY DEV DIST
SPECIAL DIST SERVICES INC c/O
11000 PROSPERITY FARMS RD
STE 104
PALM BEACH GARDENS FL 33410
08-43-45-17-07-000-0210
QUANTUM LTD PARTNERS LTD
COHEN &. NORRIS ET AL C/O
2500 QUANTUM LAKES DR
STE 101
BOYNTON BEACH FL 33426-8308
08-43-45-17-08-006-0010
QUANTUM PARK PROP OWNERS
ASSN INC
1401 FORUM WAY # 101
WEST PALM BEACH FL 33401-2324
08-43-45-16-08-002-0000
CATALINA SHOPPES FLA LLC
ROBERTS EQUITIES C/O
4 E 80TH ST
NEW YORK NY 10021-0110
08.43-45-18-15-002-0000
DAYTON HUDSON CORP
TARGET CORP T0644 PROP TAX DEPT
PO BOX # 9456
MINNEAPOLIS MN 55440-9456
08-43-45-19-14-000-0050
WALBOYN DEV CORP
LISA GRELLA C/O
1000 MARKET ST
BLDG 1
PORTSMOUTH NH 03801-3358
08-43-45-20-01-000-1120
SOUTH FLA WATER MGMT DIST
PO BOX 24680
WEST PALM BEACH FL 33416-4680
use template tor 516(1'!'
08-43-45-17-02-001-0020
MANDEL MARK L & JOAN D
7554 ESTRELLA CIR
BOCA RATON FL 33433-1629
08-43-45-17-06-000-0011
BOYNTON BEACH HOSPITALITY- LTD
123 N CONGRESS AVE
BOYNTON BEACH FL 33426-4209
08-43-45-17-06-001-0010
QUANTUM LTD PARTNERS LTD
1401 FORUM HAY # 101
WEST PALM BEACH FL'33401-2324
i
08-43-45-17-08-000-0390
SCHOOL BOARD OF PALM BEACH COUNT
PLANNING AND REAL ESTATE c/O
3320 FOREST HILL BLV
# C331
WEST PALM BEACH FL 33406-5813
08-43-45-18-02-003-0000
CM BAY ASSOCIATES
DELOITTE & TOUCHE LLP c/O
200 E LAS OLAS BLV
# 1400
FORT LAUDERDALE FL 33301-2273
06-43-45-16-08-002-0010
CATALINA SHOPPES FLA LLC
ROBERTS EQUITIES C/O
4 E 80TH ST
NEW YORK NY 10021-'0110
,
\
08-43-45-19-05-015~0020
BRUS WINGS INe
5466 W SAMPLE RD
POMPANO BEACH FL 33073-3454
08-43-45-19-14-001-0000
CATALINA CLUB SOUTH PROP OWNRS
MASTER ASSN 'INC
ONE CATE ST STE 3
PORTSMOUTH NH 03801-7107
'I
08-43-45-20-21-004-0170
KLEINRICHERT GREGORY
1303 NW 11TH ST
BOYNTON BEACH FL 33426-2960
Laser
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~~I McClosky
222 LAKEVIBN AveWE
SJ ITE 800
WEST PALM B6A.CH, flORIDA 33401-6112
(561) 838-4542
FAX: (561) 514-3442
KlM,GLAs:ASTRO@l'UDEN,COM
March 31, 2004
VIA FACSIMILE
Mike Rumpf. AICP
Planning & Zoning Director
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
RE:
Amendment)
Motorola)
Consideration of Notice of Proposed Change ("NOPC") (Development Order
for Renaissance Commons Development of Regional Impact ("DRI") (fka
Dear Mr. Rumpf:
It has come to our attention that the City has advertised second reading of Ordinance 04-
013 for the April 7, 2004 City Commission meeting. On behalf of Compson Associates of
Boynton II, the applicant, we are requesting that consideration of this ordinance be postponed
and considered at the same meeting as Ordinance 04-014.
I spoke with Caroline Knight, planner at the Department of Community Affairs, on
Monday. March 29, 2004. and she informed me that while she did not have any immediate
concerns about the NOPC, the Department was withholding correspondence until they had
reviewed the DRI-related land use amendment.
Further, Chapter 380.06(6)(b)6, specifies that an application for proposed change
(NOPC) and a DRI-related comprehensive plan amendment be considered at the same hearing.
While we do not anticipate any issues, we do not want DCA to feel compelled to appeal
the DRI development order (Ordinance 04-013) because it has not completed its review of the
DRI-related comprehensive plan amendment.
We request that consideration of Ordinance 04-013 be postponed and scheduled for
consideration the same agenda as the adoption of the comprehensive plan amendment
(Ordinance 04-014). Based on DCA's review process, we estimate this would occur at the last
meeting in Mayor first meeting in June.
WPB:176261:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT.LAUDEROALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
\
Postponement Request
Page 2
Thank you for consideration of this request.
Sincerely,
rG
Kim GJas-Castro, AICP
cc: James Comparato
E. Lee Worsham, Esq.
WPB:176261:1
Cant i rmat ion Report - Memory Send
Page 001
Date & Time: Mar-31-1004 03:15pm
Line I 5618313036
Line 1 5618313036
Mach i ne 10 Ruden McClosky
Job number 164
Date Mar-31 03:14pm
To ~0943U48811UOOOIU7415259U
Number of pages 003
Start time Mar-31 03 : 24prn
End time Mar-31 03:25pm
Pages sent 003
Status OK
Job number 154 *** SEND SUCCESSFUL ***
.1 Ruden
.. McClosky
222 LAKEVIE\IV AVI!NUe
SUITE aco
"""'''T PAl."" l!IIl:^CH. .....Olt'o.... 3",,,,o~_6"2
TELEPHONE. (s....) ..,,_"'......
FAX, (561) 5'_3_-=
""'''''.Cl...A.9CASTROallRUDEN.COM
F ACSIlVI:ILE CO~ER. S:H:EET
DATE:
IVJ:arcb. 31,. 2004
FROl'v.l::
TITLE;
Ki:DU. Gla..-Cast:ro
Land UOl>>e P.a....er
FII....ENO.:
NV~ER OF P.A...G-ES:
48812-0001
"
(Iru:oludi:n.g t:h.is Co'Ver Page)
If"'tl:I.ere are any problems or complications~ please n01:iry us Un.r.nedia1:ely at: (.5(1) 838-4500.
Tc>=
lV,[ikc R....IU.pC
CC>l"IPAN"V:
PI_Doing 8L Zo:ni:ng Division.
FAX NO.:
742-6259
COl\,lI~NTS:
Renaissance C::OIJlll.uOJ:l.S NOpe
...-.m non:'ORl\.4A.-TlON CONTAINED u..:r Tl-nS FACSD\41L13 l\o1:ESSAGE lS ATTORNEY PRrV:I:L.HGED A.:l'JD C~EN'TIAL
INFORl\4A.T1ON IN'TENDEO ONL V FOR. TI-IE usa OF "IrIE lNI>IVll>UA.L OR. EN'rrrV NA:\4ED ABOVE. 1F TH:E ~ER OF ~
lVIESS,....;:)E; lS NOT T:HJ2 Il'oITSN'DBD REC:IP~. VOU AR..E J:.J:EREBV NO'TI::FIED ~IA:r..<I,.NV DlSSE~ATJ:ON. D:lS"TRXDUT'IO'N OR
COPY OP 'TrUS CONll\o'lUNJC:ATJON lS S'TR..JCTL"Y PRc:n'Jml"TED. IF YOU I-lAVR RECEIVED TI-O$ CO",,"NlltJNlCATlOl'l J"N E'RR.OR..
PLEASE IlW:MEDJ:A.TEL'V NOTIFY US BY TELEPHONE (IF LONG DIST .h:NCEi. PLEASE CALL COLLECT) .AND RE-nJRN T1:.m
OR..JGLNAL. JI.oolE:SSAGE TO US AT THE. A60VEI ADDRESS VI.A THE U.S. POSTAL. SERVICE.. TE-I:A:N'K. YOU.
RUDEN. JVl.cC:LOSI<V. S/v'l,ITH. SCHUSTER & RUSSELL P_......
CARA<:A.5 . I'T. lAUOIEROALE .. M.......... .. NAPLE"ii .. OlllANDO . "ORr !IT. U../l;ll! .. SA.IlASOTA ~ sr. Pl'TI:R:$UUKC:;: .. TALlAH~a; . r.............. . WIiST PALM .RAeH
,
V~ NO. 799G420
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GI'
IhaltheCityCommlssic
THE CITY OF BOYNl
BEACH, FLORIDA, will '
duct a Public Hearin
6:30 P Moras soon Ih
afler as the a8enda per
ggt~4o~~de;n ~'e~~~~
April? 2004. in the City
Commissron Chambers.
East Boynton Beach Be
vard, Boynton Bea
Florida. The purpose 01
public heanng IS 10 COOf
a proposed change to
Motorola Devetopm
Order (Ordinance
75 19). as amendec
ordinance Nos. 79.36
02-061, and make a de
minalion as to whethe
not the proposed cha
constHutesasubstar
deviation to the appro
development order \
respecllo the prop!
described below lace
within the corporate Iiml1
said City, fursuan' to
request 0 the parlle
interest and in complia
with Chapter 380, Flc
Statutes.
REQUEST Notice 01 F
posed Change
Motorola Developmen
Regional Impact
LEGAL DESCRIPTION:
ALL OF TRACTS
THROUGH 107, SECT
20, OF SUBDIVISION
SECTIONS 29 AND
TOWNSHIP 45 SOU
RANGE 43 EAST, AS F
PLAT THEREOF, F
CORDED IN PLAT BOO
PAGE 20, OF THE PUB
RECORDS OF PA
BEACH COUNT
FLORIDA, INCLUDING
FOOT STRIP LOCATE[
SECTION 20, TOWNS
45 SOUTH, RANGE
EAST, AND BOUNDED
THE SOUTH BY BOYNl
CANAL AND ON T
NORTH BY TRACT
SECTION 20, OF T
SUBDIVISION OF SI
TIONS 29 AND 20, Tm
SHIP 45 SOUTH, RAN
43 EAST, ACCQRDING
THE PLAT THERE(
RECORDED IN PL
BOOK 7, PAGE 20, pp
BEACH COUNTY Rl
ORDS ALSO lNClUDI
30 FOOT STRIP SHO'
AS ROAD EASEME
RUNNING FROM CAr-
C-16 NORTH rO T
NORTH LINES OF LC
102 AND 107 EXTENC
OF SUBDIVISION OF SI
TIONS 29 AND ~
RECORDED IN PL
BOOK 7, PAGE 20 OF 1
PUBLIC RECORDS
PALM BEACH COUN"
FLORIDA, lYING E
TWEEN LOTS 96 TO
ONTHE EAST AND LC
94,95 AND 103 THROU
.107 ON THE WEST IN S,
SUBDIVISION.
ALSO, ALL LAND
INCLUDING LAKE BOTT
OF LAKE JACKSON A
LANDS DESIGNAT
"SAND BEACH" OR "U
MUCK' OR OTHERWl
LYING BETWEEN T
ABOVE DESCRIBI
PROPERTY AND WEST
THE RIGHT-Of-WAY
THE LAKE WORTH ORA
AGE DISTRICT EaU!
IZING CANAL E.
EXCEPTING TH,
PORTION OF TRACTS
95,103, 104, 105, 11
AND 107, SECTION:
SUBDIVISION (
SECTIONS 29 AND:
TOWNSHIP 45 SOUl
RANGE 43 EAS
ACCORDING TO THE PL
THEREOF,RECORDED
PLAT BOOK 7, PAGE
PALM BEACH COUN
PUBLIC RECORDS WHl
LIES WITHIN 50 fEET
THE-WEST LINE OF 81
SECTION 20
ALSO, ALL THAT PART
THE SW 114 OF SECTll
17 AND THE NW 1/4 I
SECTION 20, TOWNS~
45 SOUTH, RANGE
EAST, PALM SEA(
COUNlY, FLORIDA L YII
S:OUTH OF THE SOUl
ERLY RIGHT -oF- Wf.,Y 1I
OF NW ?2ND A VENUE
/
THL /ALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County. Florida
PROOF OF PUBLICA nON
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Tracey Diglio, who on oath says that she
is Telephone Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper,
published at West Palm Beach in Palm Beach County, Florida; that the attached copy of
advertising, being Notice in the matter Public Hearin2 was published in said newspaper in the
issues of March 1.2004. Affiant further says that the said The Post is a newspaper published at
West Palm Beach, in said Palm Beach County. Florida. and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday
and has beeu entered as second class mail matter at the post office in West Palm Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that shelber has neither paid nor
promised any person. fIrm or corporation any discount rebate, commission or refund for the
purpose of securing this advertisement for pub 'cation in the saidUPaper.
Sworn to and subscribed before this I" day OfM, ? A)h ~
.~.. ~ ,/11
Personally known XX or Produced Identification
Type ofIdentification Produced
@'~-""--
~"',(Pt<t. '
~ <;; KA!{l'~ M McUNTON
'?:-1-1JJ!i1;; (\..IT" ~ hI1f1l'sS.()N # ( ( 979660
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PALM BEACH NEWSPAPERS, INC.
The Palm Beach Post
2751 S. Dixie Hwy., West Palm Beach, FL 33405
Phone: (561) 820-3106 Fax: (561) 820-4340
FED ID # 58-1633719
Legal Advertising Invoice
Account # 241582 Advertising Deadlines
Ad# 7996420 Publish Deadline
Monday Friday 3PM
Description: Not: Public Hearing Tuesday Friday 3PM
Wednesday Monday 3PM
Size: 18.75 " Thursday Monday 3PM
Friday Wednesday 3PM
Amount: $506.25 Saturday Thursday 3PM
Sunday Thursday 3PM
Published: March 1, 2004
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
REQUEST FOR PUBLISHING
LEGAL NOTICES ANDIOR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney eight
(8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and 70ning ()ivision
PREPARED BY: Michael W Rumpf
DATE PREPARED: .June 16 2004
BRIEF DESCRIPTION OF NOTICE OR AD: Motorola notice of proposed change to the ()RI
development orqer regarding residential offi{'.p. and commercial uses estahlishing a use
{,.Clnversion matrix and renaming the ()RI Renaissan{'.p. Commons ()RI
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline . Type Size, Section
Placement, Black Border, etc.)
Pursuant to Chl'lpter 31\0 06 (19) (f) of Florida Statutes, 15 days in advan{'.p. of the hearing date
SEND COPIES OF AD TO: Planning & 70ning Division' Agent - Kim Glas-Castro Ruden
McCloskey; Newspl'lper; City Attorney
NEWSPAPER(S) TO PUBLISH: The Post (newspaper of general circulation) since this is a
project of regional impact
DATE(S) TO BE PUBLISHED: .Iune?1 ?004
APPROVED BY:
~-/h-Or
(Date)
,
(2)
(City Attorney)
0-{G -0=(
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 04-139
TO:
Janet Prainito
City Clerk
FROM:
4-.~
Michael W. Rumpf
Planning and Zoning Director
DATE:
June 16, 2004
SUBJECT:
MOTOROLA DR!
DRIA-03-001
Accompanying this memorandum you will find a copy of a request for a legal advertisement
prepared for the July 6, 2004 Boynton Beach City Commission meeting for the above-referenced
DR! amendment application. The application fee for staff processing and review has been
forwarded to the Finance Department. The legal advertisement will be forwarded to your office
after review by the City Attorney.
MWR:sc
S:\Planning\SHARED\ WP\PROJECTS\Renaissance Commons\DRIA 03-001 \MEMO-LEGAL 03-00 l.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney eight
(8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and 70ning Division
PREPARED BY: Mir.hap.1 W Rllmpf
DATE PREPARED: ,llInp. 16 ::>004
BRIEF DESCRIPTION OF NOTICE OR AD: Motorola notir.p. of prOposp.d r.hangp. to thp. DRI
dp.vp.lopmp.nt orqp.r rFlgarding rp.sidp.ntial offiC'.f! and r.ommp.rdal IISP.S p.stahlishing a liSP.
r.onvp.rsion matrix and rp.naming thp. DRI Rp.naissanC'.f! Commons DRI
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline , Type Size, Section
Placement, Black Border, etc.)
Pllrsllant to Chaptp.r 380 06 (19) It) of Florida Statlltp.s 15 days in advanr.p. of thp. hp.aring datp.
SEND COPIES OF AD TO: Planning & 70ning Division' AgFlnt - Kim Glas-Castro Rlldp.n
Mr.CloskFlY' Np.wspapp.r' City AttornFlY
NEWSPAPER(S) TO PUBLISH: Thp. Post (np.wspapp.r of gFlnp.ral drr.lllation) sinr.p. this is a
projP.r.t of rp.gional impar.t
DATE(S) TO BE PUBLISHED: .hJOFl 21 2004
APPROVED BY:
(1)~'\7~~/
( ivision Hea
~-/t:-or
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a Public Hearing at 6:30 P.M. or as soon thereafter as the agenda
permits on Tuesday, July 6, 2004 in the City Hall Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida. The purpose of this public hearing is to consider a
proposed change to the Motorola Development Order (Ordinance No. 75-19), as amended by
ordinance Nos. 79-36 and 02-061, and make a determination as to whether or not the proposed
change constitutes a substantial deviation to the approved development order with respect to
the property described below located within the corporate limits of said City, pursuant to the
request of the parties in interest and in compliance with Chapter 380, Florida Statutes.
REQUEST: Notice of Proposed Change
Motorola Development of Regional Impact
LEGAL DESCRIPTION:
ALL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION
OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON
CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF
SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY
RECORDS ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING
FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF
SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO
102 ON THE EAST AND LOTS 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID
SUBDIVISION.
ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE
ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE
WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF
TRACTS 94, 95, 103, 104, 105, 106, AND 107, SECTION 20, SUBDIVISION OF SECTIONS
29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC
RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW '/.i OF SECTION 17 AND THE NW '/.i OF SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING
SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22NO AVENUE AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20,
HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF
CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF
THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE
DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF
CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND
RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL.
PROPOSED
CHANGES:
The proposed changes to the Motorola DRI includes the
conversion of entitlements consisting of 500 multi-family
residential units, 63,500 square feet of commercial space,
450,000 square feet of office space and 128,000 square feet of
warehouse space to 1,551 multi-family residential units, 213,000
square feet of commercial space and 247,800 square feet of
office space, providing for a use conversion matrix an renaming
the Motorola DRI, Renaissance Commons DR!.
APPLICANT: Kim Glas-Castro, Ruden McCloskey
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the City Commission with respect to
any matter considered at this meeting will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268 at least twenty-four hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561)742-6260
PUBLISH: Palm Beach Post
June 21, 2004
S:IPlannlngISHAREOIWPIPROJECTSIRanaissance CommonslORIA 03-o011DRIA 03. 001 Lagal.doc. 2nd Notice
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and musl be submitted to the Office of the City Attorney eight
(8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: PI~nning ~nd 70ning Division
PREPARED BY: Mich~el W Rllmpf
DATE PREPARED: Fehrll~r:y;)5 2004
BRIEF DESCRIPTION OF NOTICE OR AD: Motorol~ notice of proposeet ch~nge to the DRI
development meter reg~rding residenti~1 office ~nd commerci~1 Ilses est~hlishing ~ IIse
conversion m~trix ~nd renaming the DRI Renaissance Commons DRI
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Pllrsllant to Chapter 380 06 (19) (f) of Florieta Rtaltltes 15 days in ~dv~nce of the he~ring et~te
SEND COPIES OF AD TO: pr~nning & 70ning Division' Agent - Kim GI~s-C~stro Rlleten
McCloskey' Newsp~per' City Attorney
NEWSPAPER(S) TO PUBLISH: The Post (newspaper of gener~1 circlIl~tion) since this is ~
project of regional imp~ct
DATE(S) TO BE PUBLISHED: March 1 2004
APPROVED BY:
(1 )
(Division Head)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON BEACH,
FLORIDA, will conduct a Public Hearing at 6:30 P.M. or as soon thereafter as the agenda
permits both on Tuesday, March 16,2004 and on Wednesday April 7, 2004, in the City Hall
Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The
purpose of this public hearing is to consider a proposed change to the Motorola Development
Order (Ordinance No. 75-19), as amended by ordinance Nos. 79-36 and 02-061, and make a
determination as to whether or not the proposed change constitutes a substantial deviation to
the approved development order with respect to the property described below located within the
corporate limits of said City, pursuant to the request of the parties in interest and in compliance
with Chapter 380, Florida Statutes.
REQUEST: Notice of Proposed Change
Motorola Development of Regional Impact
LEGAL DESCRIPTION:
ALL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION
OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON
CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF
SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY
RECORDS ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING
FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF
SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO
102 ON THE EAST AND LOTS 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID
SUBDIVISION.
ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE
ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE
WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF
TRACTS 94, 95, 103, 104, 105, 106, AND 107, SECTION 20, SUBDIVISION OF SECTIONS
29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC
RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW Y. OF SECTION 17 AND THE NW Y. OF SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING
SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20,
HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF
CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF
THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE
DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF
CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND
RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL.
PROPOSED
CHANGES:
The proposed changes to the Molorola DRI includes the
conversion of entitlements consisting of 500 multi-family
residential units, 63,500 square feet of commercial space,
450,000 square feet of office space and 128,000 square feet of
warehouse space to 1,551 multi-family residential units, 213,000
square feet of commercial space and 247,800 square feet of
office space, providing for a use conversion matrix an renaming
the Motorola DRI, Renaissance Commons DR!.
APPLICANT: Kim Glas-Castro, Ruden McCloskey
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the City Commission with respect to
any matter considered at this meeting will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program or activity conducted by the City. Please contacl Patricia Tucker (561) 742-
6268 at least twenty-four hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561)742-6260
PUBLISH: Palm Beach Post
March 1, 2004
S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\ORIA Oa-001\DRIA 03a 001 Legal.doc
Page 1 of3
.
,
State of Florida
Department of Community Affairs
"Dedicated to making Florida a better place to call home. "
Jcb Bush
Governor
Thaddeus L
Cohen
Secretary
June 1,2004
The Honorable Jerry Taylor
Mayor, Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33425-0310
Dear Mayor Taylor:
The Department of Community Affairs has completed its review of the proposed Comprehensive
Plan Amendment for City of Boynton Beach (DCA No. 04Dl), which was received on March 31, 2004.
Copies of the proposed amendment have been distributed to appropriate state. regional and local
agencies for their review, and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J-
5, Florida Administrative Code (F.A.C) and Chapter 163, Part II, Florida Statutes (F.S.). The
Department does not identifY any Objections and this letter serves as the Objections, Recommendations
and Comments (ORC) report.
For your assistance. we have attached procedures for final adoption and transmittal of the
comprehensive plan amendment. If you have any questions, please call Ken Metcalf, Regional Planning
Administrator, at (850) 922-1807, or Caroline Knight, Planner, at (850) 922-1773.
Sincerely yours,
Charles Gauthier, AICP
Chief of Comprehensive Planning
http://www.dca.state.fl.us/fdcp/ AdvisorieslRetumOrcPage.ctin ?docLink=boyntonbeach04... 6/2112004
Page 2 of3
CG/cks
Enclosures:
Review Agency Comments
cc: Mr. Michael Rumpf, Director of Planning and Zoning
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
TRANSMITTAL PROCEDURES
Upon receipt of this letter, City of Boynton Beach has 60 days in which to adopt, adopt with
changes, or determine that the City WIll not aaopt the proposed amendment. The process for adQPtion of
local government comprehensive plan amendments is outlined in s. 163.3184. Florida Statutes (F.S.).
and Rule 9J-l1.0l1, F.A.C. The City must ensure that all ordinances adopting comprehensive plan
amendments are consistent with the provisions of Chapter 163.3 1 89(2)(a). F.S.
Within ten working days ofthe date of adoption, City of Boynton Beach must submit the
following to the Department:
Three copies of the adopted comprehensive plan amendments;
A listing of additional changes not previously reviewed;
A l(sting of findings by the local governing body, if any, which were not included in the
ordInance; and
A statement in~icating the relationship of the additional changes to the Department's Objections,
RecommendatlOns ana Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination ana issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendments, and r>ursuant to
Rule 9J-l 1.01 1(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive
Director of the South Flonda Regional Planning Council.
Please be advised that Section 163.3184(8)(c), F.S., requiring the Department to provide a
courtesy information statement regarding the Dep'artment=s Notice ofIntent to citizens who furnish their
names and addresses at the local government=s plan amendment transmittal (proposed) or adoption
hearings. In order to provide this courtesy information statement, local governments are required by law
to furnIsh the names and addresses of the citizens requesting this mformation to the Department. Please
provide these reguired names and addresses to the Department when you transmIt your adopted
amendment pac){age for compliance review. In the event there are no citizens requestine thIS
information, please inform us of this as well. For efficiency, we encourage that the Information sheet
be provided In electronic format.
http://www.dca.state.fl.us/fdcp/ AdvisorieslReturnOrcPage.cfm?docLink=boyntonbeach04... 6121/2004
Page 3 of3
INTRODUCTION
The followingobjections, recommendations and comments are based upon the Department's
review of the City orBoynton Beach 04D1 proposed amendment to the comprehensive plan pursuant to
s. 163.3184, Flonda Statutes (F.S.).
The objections relate to specific requirements ofrelevant portions of Chapter 9J-5, Florida
Administrative Code (F.A.C.), and Chapter 163, Part III F.S. Eacl1 objection includes a recommendation
of one approach that might be taken to address tne citea objection. Other approaches may be more
suitable m specific situations. Some of these objections may have initially been raised by one of the
other external review agencies. Ifthere is a difference between the Department's objection and the
external agency advisory objection or comment, the Department's objection would take precedence.
Each of these objections must be addressed by the local government and corrected when the
amendment is resubmitted for our compliance review. Objs:ctions which are not addressed may result in
a determination that the amendment is not in compliance. ,he Department may have raised an objection
regarding missing data and analysis items which the local government considers not apJllicable to Its
amendment. Iftliat is the case, a statement justifying its non-apP'licability pursuant to Rule 9J-5.002(2),
F.A.C., must be submitted. The Department will make a determination on the non-applicability of the
requirement, and if the justification IS sufficient, the objection will be considered addressed.
The comments which follow the objections and recommendations section are advisory in nature.
Comments will not form bases of a determmation of non-compliance. They are included to call
attention to items raised by our reviewers. The comments can be substantive, concerning planning
principles, methodology or logic" as well as editorial in nature dealing with grammar, organization,
mappmg, and reader comprehenSIOn.
Appended to the back ofthe Department's report are the comment letters from the other state
review agencies and other agencies, or@llizations and individuals. These comments are advisory to the
Department and may not form bases orDepartmental objections unless they appear under the
"Objections" heading in this report.
2555 Shumard Oaks Boulevard Tallahassee, FL 32399-2100
Phone: 850.488.8466/ Suncom 278.8466 Fax: 850.921.0781/ Suncom 291.0781
Internet Address: !I!tP://www.dc.a...state.fl.us
Critical State Concern Field Office
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
305.289.2402
Community Planning
2555 Shumard Oaks Boulevard
Tallahassee, FL 32399-2100
850.488.2356
Emergency Management
2555 Shumard Oaks Boulevard
Tallahassee, FL 32399-2100
850.413.9969
Housing & Community Development
2555 Shumard Oaks Boulevard
Tallahassee, FL 32399-2100
850.488.7956
http://www.dca.state.fl.us/fdcp/ Advisories/ReturnOrcPage.cfm?docLink=boyntonbeach04... 6/2112004
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BI'YI :on Beach, Florida 33425
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d~ve Clpment for project within i;hz City ofR(j:ml~'l\ H",dl., Flooid,\.
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Thill Ie you in advance for your c'/~p";ra,l;f.ln In thJ!. ',;;iit~r,
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