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LEGAL APPROVAL II I .ORDINANCE NO. Cl'-l- 011 2 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. 14 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 S:ICAIOrdinance.\sMU rev 040804.000 1 II ! I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. S:ICAIOrdinanc..ISMU rev 040804.00C 2 9 10 " 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 S:\CA\Ordlnances\SMU rev 040804.DOC 3 II 1 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 S:\CA\Ordinances\SMU rev 040804.0OC 4 If T 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 S:ICAIOrdlnancas\SMU rev 040804.0OC 5 II I i! i 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 1 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 ) 2 3 4 5 6 7 8 9 10 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 S:\CA\Ordinances\SMU rev 040804.DOC 6 II I ,I I II 3 2 3 4 4 5 5 6 6 7 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 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. ! 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% , 2 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. S:\CA\Ordinances\SMU rev Q40804.DOC 7 5 6 7 8 9 10 II 12 13 14 15 16 17 II I 2 3 3 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. 4 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 2 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. 3 4 FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential. Single Family Detached build to line 10 ft.' S:ICA\Ordinancas\SMU rev 040804.0OC 8 II 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 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. S:\CA\Ordinances\SMU rav 040804.Doo 9 mum 2 ar sil!ht eel. be olaced many ches um5- trian al usive of NE t 19 NE 20 21 II I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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. S:\CAIOrdinancas\SMU rev 040804.00C 10 1 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 . 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 S:\CA\Ordinances\SMU rev 040804.000 11 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. S:\CA\Ordinances\SMU rev 040804.000 12 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 S:\CA\Ordlnances\SMU rev 040804.DOC 13 1 2 3 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 14 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. 4 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. 15 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. 22 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. 29 30 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. 33 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 15 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. 5 Section 8. This Ordinance shall become effective immediately. RST READING this A day of fY\ af'C~ ,2004. 6 day of Itllnl r 7 ECOND, FINAL READING AND PASSAGE this 7 8 9 10 CITY OF BOYNTON BEACH, fl.ORIDA 11 12 13 14 15 16 17 18 19 20 21 ~ }~ ttayo;;! , ) 't ~ Vice Mayor 22 ,?~ LJ~ ( ~ 23 24 25 26 27 28 29 30 Commissioner . A' ad Use Ordinance Revised 2-2S-Q4,OOC 16 .- -- .- (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 83 -----'" 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. --- -- 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; 85 (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 86 +;'/ ~ r/ C..(((( ...'}. 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 ~\. . '..~ " '/>/e 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: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 TO Te~ b.~ ~( 21 22 23 24 25 26 27 NT:dnt 28 :\1990\900182.BB\ORD\CPTA 02-002 (5-27-03).doc .~ 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 " 52 ()- - --I -..,-< -'0 ,')-r, '~.~~ _0_-< .::I:::_ -0 ~.- .:::r: ':./)-1 ~o ~ <:;z .' ~ -,,0;1 -. -fTl ":!> fTl" ::c <- c- ~ I --.J 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 I I I . . . I ---- , II I I i ....1 I ~ I "" - . "" ;:' z I~ 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" ) \) Iff ~ (( [~, .p~~ .>r" ~~ I ;\LJ , ! ~ \\\ / ft\~r- ~\ "-- \ .<'"":; / / \ -'1, / \ /;:~~ 1 /-:// . ___ ~ .'._ F - - >/( l ) , \ .\.~'/. .\ >~~( ~ I \. C3 r ~ .' -...--... . --... _..~"'- RadiuB 0 - 400 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 596U'IIIi enevra Ave Harlowe Av rn Ivan oe Av w Kltely Ave .... , :::.c Lothalr Av I ~ Marlow Av 99 >- ;: " t) w BEACH MALL 1581* i 1'COMPTON WY ',2 GRANGE PL 3 HAMMr"'l PL 41SLlN PL 5 ROGA _IR 6 BOSWE~L-:PL 7 ESTATE DR ~ ~1~g~~_~6~~ - - - - - ___ 10 KNIGHTSBRtDGELA ,;: IZ / MINER RO ~ - --"'----, ___",-0---1 ROXBURYCT ,r S-;;:MHERSTCIR 2 MEDFORD CT II 9 AMHERST CT 3 HAYDEN CT \10 ANDOIIER CT 4 WHEATLEY RDI 11 BRADFORD CT 5 WHEATLEY CTI 12 CHADWICK CT 6 FOXBORO CT I 13 COPLEY CT I 7 DRYDEN CT I Q. I, v.., 1_ ~ I C I :: I I I I I l____1 --- -~ TOR A RPORATIO , . 1 ABERCORN CIR N & S t 2 BROUGHTON CIR N & S . 3 BROUGHTON SQ NIl I 4 GASTON CT 1- 5 SCARBROUGH LA I 6 BROUGHTON CT S 7 CHIPPEAW CIR N & S I 8 CHIPPEAW sa ( lNA 9 TYBEE CIR I 10 MONTEREY CIR N & 5 I 11 MONTEREY 5a N & 5 , 1211ICTORYC~R t_ _1~C!:!A!.H~M_C..I_ <:361 I I I 1 I I 1 I I I I I 1 I I L____ _ ______. Boynton Commons Shopping Center i ,_- -"S .... :::'rt- '" .... ...lj;u K If) ;:\ I z :;! 0 '" Park '\""';: 'Z , , "~"l;~ BlVO (QUANTUM crR) AV I I' ~ \Park r " ~ ~ ~~ ~o INDUSTRIAL WAY / w U ~ OMMERCE :!if PARK DR ~ lOCI r______u____~, { . JH.RalI I I I ~' .~\ 'f I 1 M /1 I.,t I iJ;,' ~ 16 GREEN RIDGE{;:; 14 .. JCT~ ~ > .. ....SEVERI NW ;: Z W DCE Ii; t; Sit' .. M SII ;: SiER~ '" x $:91"\ ~c,'-~ .\ ~ Ruden ~~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 Ofn~" l::\~:k:-~ N.-1V h ~:X' 1 aOO<}"NOTN-IY f, ~I()T';:: ,~. ~ .........-.~....................~~~.~C.,d,.g Inc ~ :x: (,JW CO <(,J .:r Lt.J- co..... .. ..... - Z 0 - O<.n x: >-. """ Z:.:; >-0::: .:r Ow I a:> -' e:::: LLW """ 0>- x: >-t: .:r t=U Cl W f 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 .JUt,I.. .I4-l.)0~~14 ':> 41 FROM: COMPSON A5S0CHnE~ S6L'F:?t;::-"12::; "1(:: fC:r: --;"'k\:;~~','::' Compson Aj[.odat("~ Ofl);IIYJJltonl, 1.1.(' Jt~;\' Hi.:1 0'}-1 VIA f~!:t'W~L$.J,.,~.Jl.U:~2-i!.Z59 1'tel:ity of Boynton Death ICO J ast Boynton Beach Blvd. BI'YI :on Beach, Florida 33425 Auo MI. Sherie Coale. AppliclOlt,'J" Te"'\l";~i"J11,, k'Ja!Uuillg .md Z;lm"'i!: I);'*j,'m R,,; Schedule ofDeveJopmeut ,(~'!I'$''{I:' !('" !>i('J<j'~c'IS withir. d,,: (.it! '!! hilYIJ,jl[f'll Beach, Florida D':ar Sherie,. p, r ( ;ll'discussion, please be aov,,;;e.,; [illS Ie",,' i, 1'-:, . 'Confirm theinJloil>'ii'.g ,','II'bh, oj' d~ve Clpment for project within i;hz City ofR(j:ml~'l\ H",dl., Flooid,\. Stm ,lerlComoanies twin..h\:$J:!!l . Planning and Developm'~i'lt - .bne 22. ;~O(\'1;. , City Commission - Juiy 2i}, ::::i')<" R'lli! issance ComrooDs (ComJ!~mL~;,j'!!Q.,i~J~:1;.:"J:.!!..\!1...!t~!".P:tJl..t!\.,..q~!(,l]lJ..I!:\ . City Commission NOPCEfD]U . (Final Meeting) ,h!1)/ C If.'04 f!!!!! ~ IV and V . Planning and Development- . City Commission- July ::~2, 2<W)4 A'1\gWit 3" .1,004 Thill Ie you in advance for your c'/~p";ra,l;f.ln In thJ!. ',;;iit~r, Sine ~rcly, C)II oson Associates ofBoynto~ I, "j.,C /''''''-- C'! (~ l:;:~/ri .,,...,C::;'t'..(, :i^, ,) .,~~ ,/", - ~~ . ......",.'...... ell'l E. Klepper, lr. Vkf .President C:: JlI.IIIC$ Comparato, ComD'.;{)I\ A~so;;r.at<:s oi Bnvutoll. LtC] C:\ll9cu. aD_~~~)<)""'t7l""~~t~*lt~''('"K\lJ";Qg~('.um,Ci,,,',,,ntJrr1im.,\'':;dlt:(.:''I'''t~n~6-~"" Q4..I1;<: !