CORRESPONDENCE
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: Lavoise Whittington
FAX: 850-488-3309
FROM: Dick Hudson
NUMBER OF PAGES: (including
cover)
3
DATE: 3/26/02
RE: Small-scale Amendment 02S2 (Krispy Kreme-LUAR 01-008 {our number])
Lavoise,
Attached is the corrected ordinance approving the above referenced small-scale
amendment. Thank you for calling the error to our attention. Should you have any questions
or should you require additional information, please do not hesitate to call me at (561 )-742-
6264.
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
CORRECTED ORDINANCE TO
REFLECT SCRIVENER'S ERROR-
SEE SECTION 1.
ORDINANCE NO. 02-Q:l,.2.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING PROPERTY LOCATED SOUTH
OF BOYNTON BEACH BOULEVARD,
APPROXIMATELY 1,500 FEET EAST OF NW 7TH
STREET; AMENDING ORDINANCE 89-38 BY
AMENDING THE FUTURE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF PROPERTY
MORE PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING CHANGED
FROM MEDIUM DENSITY RESIDENTIAL TO LOCAL
RETAIL COMMERCIAL (LRC); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated as
Local Retail Commercial (City). Said land is more
articularly described as follows:
A :1:0.62 acre parcel, described as:
All of Lots 10, 11,32, the west 15.00 feet of Lot 12 and all that portion of Lots 8, 9,19
and the west 15.00 feet of Lot 7 lying south of State Road 804 right-of-way, all of Block
2, LAKE BOYNTON ESTATES PLAT I, according to the Plat thereof as recorded in
Plat Book 13, Page 32 of the Public Records of Palm Beach County, Florida.
Section 2: That any maps adopted in accordance with the Future Land Use Element shall
be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5: This Ordinance shall become effective 31 days after adoption, unless
challenged. If challenged, it becomes effective upon the issuance of a final order finding it in
compliance.
FIRST READING this ~ day of -.Ja.l\uAry , 2002.
SECOND, FINAL READING and PASSAGE this ~ day of FebrUiJrt ' 2002.
EACH, FLORIDA
---
Commissioner
ATTEST:
Ci Cler~\\lIIII"I1/
o~~~~~~~"'~
~" .....~~ ~
~...:-... ..o:1'EO ~
..... "'" ,.~o.pr.. ~
s"ali>'d-b'l'<l/Se Krispy ""
- 0 oq, -
::: 'rr ,,:=
:: CD :0 n':' , <( ::
'" >>- W t'>,V '0:::
- '-1 -J. -
.~ 0 \7 ~-,.... ~ ~
",., .....o:f:t
;.'v ~
, .~
\~"
MEMORANDUM
TO:
QUINTUS GREENE, DIRECTOR
DEVELOPMENT DEPARTMENT
FROM:
JANET M. PRAINITO, CITY CLER~
MARCH 22, 2002 U. \
ORDINANCE #02-002
DATE:
RE:
Attached please find a corrected ordinance to reflect a scrivener's error that was
approved on February 5, 2002 for your information and files.
C: Engineering
Planning
Utilities
mas
J:\SHRDATA\CC\WP\Memos\Quintus greene JP.doc
2
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: Ms. l. Whittington
FAX: 850-488-3309
DATE:
Michael Rumpf, Director of Planning and Zoning
NUMBER OF PAGES: (including
cover)
March 5, 2002
9
FROM:
RE: Small Scale Development Amendment submittal form, Krispy Kreme
Please find accompanying this cover sheet a completed RPM-BSP form and minutes
confirming that the New Land Use is "Local Retail Commercial".
Please consider the discrepancy within the Ordinance to be the result of a serious error.
Please contact Mr. Hudson, Senior Planner if you have any further questions.
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
SMALL SCALE DEVELOPMENT AMENDMENT
SUBMITTAL FORM
1. Name of Local Government
City of Boynton Beach
Person Completing this form
Dick Hudson
Phone number 561-742-6264
Name of Newspaper that notice of small scale was published The Palm Beach
Post
Date Publication Noticed December 16 and December 26,2001
(Please attach copy of notice)
2. Number of acres of small scale development amendments contained in package:
a. Within Urban Infiil, Urban Redevelopment or Downtown Revitalization as
defined by Section 163.31, FS 0
b. Within Transportation Concurrency Exception Area pursuant to Section
163.31, FS 0
c. Within Regional Activity Centers or Urban Central Business Districts
pursuant to Section 380.06(2)(e), FS 0
d. Outside categories a, b, c 0.62
3. Cumulative total number of acres of small scale development amendments for the
calendar year:
a. Categories listed in Item 2 a, b, c. above 0
b. Categories listed in Item 2 d and above 9.46
4. Total number of acres of small scale development amendments in this
package that are located within a coastal high hazard area as identified in
the comprehensive plan 0
Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed
with all small scale development amendments as defined by Section 163.3187(1 He),
Florida Statutes to:
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF STATE PLANNING
PLAN PROCESSING SECTION
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(904) 488-4925
\\CH\MAIN\SHRDATA\PLANNING\SHAREO\WP\PROJECTSIKRISPY KREME\LUAR\SMALL SCALE FORM.DOC
DEPT OF COW RFFRIP<, Fax:3:,04823309
t1ar 5 2("(;:: 10: 3J p, Cil
,.
"-'~.~'/"
. -. . ',~ ,
,I::, "
\ :;- . .. -\'
\,~..-"')~ ,
,!Hf'!_~, '/
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Steven M. Seibert, Secretary
Division of Community Planning
Division Director's Office: (850) 488-2356, Suncom: 278-2356
Bureau of State Planning: (850) 488-4925, Suncom: 278-4925
Bureau of Local Planning: (850) 487-4545, Suncom: 277-4545
Fax: (850) 488-3309, Suncom: 278-3309
Website: http://www.dca.state.tl.us/fdcpIDCP!
FACSIMILE
3\.:5 \()L-
, "
To: , br cJ2 tA-\.A....dS bY)
Facsimile'Telephone Number: D 1.0 l)"I Y;)... - (0;)5 ~
From: Lc;t V D\Se. VJ h n+~10v
Office Telephone Number: C<DS 0) C1o-,~'- lit <6
Cover Sheet: I + ---:" _ Total Pages
Comments Qr Special Instructions: ~\ ~ C-a \'V\.p )e.~ tt ~
~\ ry-., ~. ~ a. 'i. bO-c.J: <fu.~ a\ S t)'
'Ve\"'''~h.n-+--l:'h't?- \ Clr\~ ~c--~
"\ S - ,{) \ -- !~ f\ \La..-.. \
D
Date:
_....w
TRA,6MISSIO,~ VERIFICATION REPORT
TIME 83/85/2882 15:41
NAME BOYNTON BEACH P & Z
FAX 5513755259
TEL 5513755258
DATE, TIME
FAX NO. INAME
DURATION
PAGE(S)
RESULT
I~ODE
83/85 15: 34
91858488338949128
88:85:38
89
Ok
STANDARD
ECM
~
r-fL ~ b'J..~
'f'M'w~~ ~
~~ o,(w
~.~
p~~~
'J ...;;C _ ~.clJ.--
~
.s-:-.;.. .:P J;, ~ .
DEPT OF CO'~ AFFRIRS Fax:8SC4883309
P.03
Mar S 2002 10:31
((("'" n,
\(7\
C'\ '\. )-,
'\ \ '
. ,/ !'
, ,>;.~,~ ~ . -' ~,.,-
DEPARTMENT OF DEVELOPMENT
Planning and zoning DivIsion
. Building _ Pf8nrtlng & Zoning . Occupation.' Lleensea - Communfty Redevelopment
.,.
February 8. 2001
m N l1[O;
iFf.8 I 4 2002
Mr. D. Ray Eubanks, Community Program Administrator
Department of Community Affairs
Division of COinmunity Planning
2555. Shumard Oak Boulevard
TallahasSt:c, F132399-2100
PIAN eIl!'cM8S"
, ifsiNG ItAM
Re: City of Boynton Beach
02-52 Krispy Kreme (LUAR 01-008)
Dear Sirs:
Please find cnclosed requircd documents on the above-referenced, adopted small-scale
amendment processed in accordance with Subsection 163.3187(l)(c)2" Florida Statues. The siz.e
of this amendment is 0.62 acres. With the adoption of this amendment tile cumulative total of
acreage to date for the 2002 calendar year is 9.46 acres.
Enclosed is Ordinance 02-002, reflecting approval by the City Commission on February
5.2002, thepublicatioll notice; an updated land use map with the boundaries and location of the
subject property in relationship to the surrounding street and thoroughfare network, and the
completed RPM-BSP-Small Scale-l form. Uyou have any questions. please contact me at 561-
742-6260.
Respectfully submi
~/L-
i
3l~
7
\ H .
~~\ '
Dick Hudson
Senior Planner
'"
\ '.~ ~.,:' \...
( ,t.
f ~ 'f- ... t>
/---'(1
Cc;
Treasure Coast Regional Planing Council
South Florida Water Management District
Florida l)cpartment of Transportation
Florida Department of En vir own ental Protection
OLH
l\("h\MArmHllDAiA\PIIIIJI~D\W1\1~OIECl'S\I\riI:PY kfuM\lVAIlIDC'}>' ~l~ Irtm,dot
CIty of Boynton Be."" . 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beech, FL 33425'11310
Phon.; (581) 742-8250 . Fax (561) 742-5259 . www.cl.boynlon-beach.ft.u8
F/-~-'~
'~ ,,"' ,
i I
I
)J.:l
DEPT !JF CO'1M RFFHU;'::. Fax:8:,04823309
11,3.'- 5 2002 11): 31
Ii
I
ORDINANCE NO. 02- OOa...
AK ORblN^,'\lCE OF THE CITY OF BOYNTON BEACa,
FLQRIDA,REOARDING PROPERTYLOCATEDSOum
OF BOmrON BEACH BOULEVARD.
APPROXIMATELY 1,500 FEET EAST OF NW 7m
STREET; AMENDlN'G ORDINA."fcE 89-;18 ijY
AMENJ)tN<,1. 'qiEFuTuRE LAND USE El$.\fENT OF
:i:1m COMPREHENSIVE PLAN OF 'l1iB CITY BY
ADOPTING'P1EPkC,PER L&'ID USE OF PROPERTY
MORE P ARnCtiI::ARLY'DESCRlBEDBEREINAI'-m~;
SAID UNtliJSBDESIGNATrONlS B.BING bHANGlID
FROMMEIiIDM DENSIIYRBSIDENnAL TOLOCP,L
RilrML'cciMM!k.t:IAt. (I..RC); PROVlPll'SG :FOR
CONFUCTS. SEvERN3ILITY. AND AN Efl:'SCTIVE
DATE.
WHE~, the City Commission of the City of Boynton Beach, Florida has
adopted.a Comprehensive Future Land. Use Plan and as part of said PIau a Future Land Use
Element by Ordinance No. 89-38 in accordance with the Local GovernmeDl Comprehensive
. :Planning Act; and
WH;E.REAs, the procedure for amendment of a Future Land Use Element of a
. Carnprehen&ve PllUl as set furth mChapter 163, Flonda Statut<::s. bas hem followed; and
WbR:li:AS, afteI' public hearing and study, the City Commission deems it in the
best inteI'e5t of the inh~bi!ants of said City to amend the aforesaid Element of the
Comprehe.nsive Plan as adopted by the City herem.
I NOW.THERE~,BEIT ORDAlNEDBY l'HE CITY COMMlSSlON OF THE
. CIty OF BOYNTON BEACH, FLORIDA.. THAT:
Section 1: Ordinance No. 89-38' of the City is hereby ammded to reflect the
following:
That th" Future. Land Use of tlle fOllowing described land shall be designated as
Modexato. Density Re.id~tial (City). Said land is more pllrticuIarly described as follows:
A to.62 acre percel, desmbed as;
All of Lots 10, 11. 32.th. west 15.00 feet of Lot 12 and all tbatportion ofLOls 8. 9, 19
and the west'IS.09 feet of Lot 71yiJ:Jg south of State Road 804 right-of-way, all of Block
2, LAKE BOYNTON ESrATES PLAT 1., according to the Plat thereof as recorded in
PlatBook 13, Page.32 of the Public Recol'ds ofPahn Beach C01Ulty, Florida.
Sectiotl2; That any maps adoptee in aCcordance with the Fut'Jl'e Land 1;se Element shall
P. '14
;.......'............
'....... .;.:.:-:-:- :t
........ :.:-:<.:-: ,1M
:II
Oft
,
.~.'>>'>
, . . . ~
.", .
.... .
... .",
. . .
""" ....
'" "'.,
>::-:::::}> :
'"
....
.... .
:' : : : :: :':::::~'.::';::'
..... '
Meeting Minutes
Regular City Commission
Boynton Beach'. Florida
Februarv 5. 2002
Vote
The motion was carried unanimously.
XII. LEGAL:
A, Ordinances - 2"" Reading - PUBLIC HEARING
LProposed Ordinance No. 02-0()1 Re: Amending
Chapter 16, "Parks and Recr:eation," Article H, "Oty Parks and Beaches"
by amending Section 16c22 to provide for administrative authority to
designate and post specific areas in City parks as "Quiet Zones"
City Attorney read Proposed Ordinance No. 02-001 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-00L Motion was.
seconded by Commissioner. Rsher. City Clerk Prainito called the roll and the motion carried
unanimously.
2. Proposed Ordinance No. 02-002 Re: Amending the
Comprenen.sive Plan Future Land Use Map designation on a 0.62 acre 1-
parcel from Medium Density Residential (9.86 dujac) to Local Retail 7'
Commercial (Krispy Kreme)
3. Proposed Ordinan~ No. 02-003 Re: Rezoning from Duplex
Residential (R-2) to Neighborhood Commercial (C-2) (Krispy Kreme)
City Attorney Cherof stated that proposed ordinances 02-002 and 02-003 represent the City's
.final review of the Krispy Kreme project. The matter was previously before the Planning &
Development Board and the Oty Corn mission and there are records of those proceegings, The
parties in the proceedings wish to continue with the quasi-judicial aspect. City Attorney Cherof
swore in everyone who wished to testify tonight. He requested that the court reporters that
were present leave their cards with the clerk.
Dick Hudson, Senior Planner with the Planning & Zoning Division, gave a brief summary of the
request. He stated thatthe subject property is between NW 1st Avenue and Boynton Beach
Boulevard. The request is to amend the Comprehensive Plan Future land Use Map designation
from Medium Density Residential to Local Retail Commercial. The rezoning is to rezone from
Duplex Residential to Neighborhood Commercial. The Planning and Development Board
recommended denial by a vote of 4 to 3 on December 26, 2001. The Oty Commission
approved this project on Janl,lary 2, 2002 by a 4 to 1 vote. The first reading of the ordinance
was on January 15, 2002.
Attorney Michael Weiner, representing the applicant,. stated that this is the fourth public
meeting on this project.. there have been over six hours of testimony and three public hearings
have taken place. He will present a summary tonight. Within 500 feet of this property, there
12
Meeting MinlJtes
Regular City Commission
Bovnton Beach. Florida
FebrualV 5. 2002
are several zoning designations - industrial, residential, commercial and public use. There are
two properties that are being rezoned. One is currently zoned R-2 and the other one has a split
zoning of R-2 and commercial.
Bruce Chatterton, expert, said that this proposal is consistent with the City's Comprehensive
Plan. It will improve the zoning pattern; R-2 is transition zoning and is a bit outmoded,C-2
zoning is designed to be compatible with residential property.R-2 zoning does not usually
provide an edge. In his professional opinion, this proposal is consistent with the Land Use Plan,
is comPatible with surrounding uses, will improve the zoning pattern and will tend to enhance
land values.
Scott Barber, Gee&. Jenson, produced the site plan and the landscape plan for the project.
He said that they will 'have larger trees and more variety along the back wall and additional.
trees adjacent to the residential area. They have produced a structure compatible with the
surrounding uses. There will be a turn lane from the bridge and three .Iane entry. There will be
53 parl<ing'Spaces rather than the 47 required. All enhancements will be at the applicant's
expense.
Attorney Weiner said that the applicant has provided traffic signalization and buffering between
the residential area and the commercial project that far surpasses the requirements. The
architecture is compatible. The drive-thru window has been changed to reduce the noise.
There are similar uses within the neighborhood. A portion of this property Is already zoned C-2.
He 'un9erst:ands that citizens want to watch development In their neighborhood and the
applicant has listeneq to them and made changes, This product will be far superior and will
improve the appearance on Boynton Beach Bou!evard. This is the third public hearing and now
he understands that new experts are coming forward at this late date.
Attorney Reg Stambaugh, representing Save OlJr Street, has a couple of experts for
tonight's meeting. He subrrlitted this information a month ago. He told the City Commission a
month ago that he dip not have experts ready at that time. That is why there are two public
hearings required by state ~te. The issue is whether there are alternative sites for this
project. He has not heard how they meet therequirementts of the Comprehensive Land Use
Plan as it relates to Policy 1,19.6whichspecifies:thatifthereare alternative sites that are
commercially zoned, ttlen ttleCity cannot c!1ange the., land:use from residential to commercial
except fora couple of exceptions. He noted that when SOmeone is rendering an opinion
-whether the Comprehensive Plan, is being follo*d, that o~inion must be given by an attorney,
som'eone who is an eXpert In ttle .legal' field. The Qnly pel"l;Onthat Y9u will have heard from is
Eugene Shuey, on whettler or not the ComprehenSive Plan is being followed. .
The resumes of Beril Kruger and Eugene E. Shuey were presented into the record and are
marked Exhibits 1 & 2 and are attached tottle orlginClI minutes on file in the office of the City
Clerk.
Beril Kruger, Planning &. Zoning Consultant, came to ttle podium and answered questions
by Attorney Stambaugh. Mr. Kruger said ttlat he has been a planner fQr the last 20 years, he
graduated from F.A.U., worked for pah'n Beach County from 1975to 1982, and has been in .
business for himself sincettleri. Hewas appointed by the County Commission to work on the
13
--_....~._.....,-..;,.",.,..".."...~..;,.......,"--=>"_,.__...' ___~__."'~""~"'."""""'-__""-"''''''''''h. __ .._.____~_._
Meeting Minutes
Regular City CommiSsion
Bovnton Beach. I'lorida
Februarv 5. 2002
Comprehensive' Plan in 1990, spent one year on the Land Use Advisory Board and worked on
changing the zoning code. He worked on the zoning code and the Comprehensive Plan again
this year. '
Mr. Kruger read from Planning & Zoning Division Memorandum No. 01-222, page 3, which
states, "According to the Comprehensive Plan Future Land Use Support Document, under the
'DiScussion of Supply and Demand for Commercial Land' the following is recommended: 'The
Future. Land Use Plan which is proposed for the City and area to be annexed by the City will
accommodate all of the anticipC!teddelj'land for c:ommercialland throughbuild-out. Therefore,
the City should not chan!;)e the land use tocomrnercial categories, beyond that which IS shown
onJ;he proposecj Futur;e Land l,1se Plan, except for mi!lor boundary adjustments, srnaU.infill
parcels,or commercial uses of C! highly spet;iaUze~ natu~" which haye special location or site
reqlilirements and,tberefore, cannot be easily actorrtmodatedon already designated
commercial areas."
Mr. Kruger then read the second paragraph concerning PoliCy 1.19.6 of thl! Land Use Bement,
which states, "The City shall not allow commercial acreage which is greater than the demand
which has been projected, unless it can be demonstrated that the additionalcommercial
acreage would not require the proportion of commercial acreage on the. City's Future Land Use
Map to exceed the proportion ofcommercial acreage on the Palm Beach County Future Land
Use Map. The City shall not allow commercial unlE!SS a particular prope(ty is unsuitable for
other uses, or a geographicne~ eJ<istswhich cannot'befulfilled by exJstlng'commercially-zoned
property, and the commercial use would comply with all otherapplkable Comprehensive Plan
policies. "
Mr; Kruger stated that the City used the discussion portion to make their decision instead of the
policy. He stated that the policy should be followed when making a decision on the Land Use
Plan. The Land Use Plan should not becl1anged if there is .other land that does not have to be
changed within the City. . Mr. Kruger said that there are alternative sites. There is a four-acre
commercially zoned site near Home Expo andother.sites at the corner of High Ridge Road and
Gateway Boulevard and at the corner of Lawrence Road and Hypoluxo Road. These sites are
alternatives because of their location, access to them and the traffic. He said that the property
currentiy zoned commercial couid be used without taking tMe R-2 property; however, it was a
smaller site. He said that, in his expert opinion, the Comprehensive Plan is not being followed.
- Eugene E. Shuey, an expert witness, came to the podium and answered questions by
Attorney Stambaugh. Mr. Shuey is an attorney in. Flonda and is in his3sth year as an attorney.
He is a Board Ceitlfiecj Real Estate Lawyer. He is admitted to all courts in Flonda and the U.S.
Supreme Court. He has been an expert for Palm Beach County.on C! number of occasions. He
teaches a portion ofa real estate course for board certified real estate attorneys. He has
reviewed Attorney StambaUgh's correspondence with the CommissiOn, the staff report and the
pertinent sections of the ComprehenSive Plan statutes. .
Mr. Shuey said that given thEi! policy that the City has adopted and that the Comprehensive Plan
is a state statute, the Commission WOuld l1ave to determine that there are no other commercial
sites that would support this project beforetl1e.zonin!;j could, be changed. Page 2 of the staff
report states. tlJat the poliCies cGntainecl in the Comprehensive Plan must be followed. The
14
'_'.U,"_._="',,_ P .~_______"-.-, ."..._.. "'~-,-_,._. ',,".'"~., "'_'.'._.~_'_C."_'_",_'___~'~.__._..__..~.____..~.,=,.--,o...,-,-."", .=.-".<.-..'~,.~.. .__,....~.,___~,~.~.~
Meeting Minutes
Regular City Commission
Bovnton8each. Florida
Februarv 5. 2002
Future Land Use Plan can only change in the case of minor boundary adjustments. He said that
there i;lre two predicates that must be overcome. One is that unless the property is unsuitable
for other uses or a geographical need exists that cannot be fulfilled by .existing cOl)1mercially
zoned properties, then the Compreh~nsive..Plan cannqt be changed, As the st;aff report-states,
there are a number of other sites alr$dy available. His legal conclusion is that if the Oty
Commission relies on the staff report, specifically that the staff is referencing the discussion
portion and not the policy itself, they wpold bi2 relying on opinion rather than policy.
Attorney Stambaugh stated that th!ilre is no discretion in terms of whether you follow the policy.
There are viable commercialsitesai./ailable. the CqmprehensivePlan must be followed. If the
applicant would remove tl1edriVe'-thn1or'ju~ USe the curtentlyzoned ~mmercial.property,
there would be no objection.
There was a recess at 8:25 p.m. The meeting resumed at 8:35 p.m.
Terry Ilames, 656 NW 1st Avenue, was concerned that this establishment is a 24-hDur
business that manufactures donuts. The Ft. Lauderdale store is an 80% wholesale business.
There will be 20 to ~O people working here on a full time basis and there is not sufficient
parking. There are no other 24-hour a day, 7 days a week businesses that are doing
manufacturing in Boyntory Beach that i;lbut a residential area. If they would close at 11:00 p.m.
or midnight and open at ~:OO a.m. or 6:00 a.m., she would not be concerned. She said that the
Commissioners are not Iisteningto the reSidEnts and they have already made up their minds.
Mark ROberts, 650 West Boynton ~ch. Boulevard, presented nine exhibits to be entered
into the record. They are marked Exhibit 3 and are .attached to the original minutes on file in
the office of the City Clerk. There are two separate pieces of property with two separate
owners. If the properties are notcotmected, the only aCCeSS to one will be through a residential
area. He said that every goal has to be consistent with the Comprehensive Plan according to
the Rorlda. Statutes. Ther.e are other yiable sites. He presented a copy of the Comprehensive
Plan to be included as part of the record. This Is marked Exhibit 4 and is attached to .the
original minutes on f1Je In the offiGeoHhe<Ciw Clerk. This approval will allow the .Intensification
of the property that they do npt even own yet. . It is nQt consistentwith the policies of the
Comprehensive Plan. The residential property Issu(l;able,under existing use because it has a
duplex on it. Granting this request. is Wron!:lln his opinion. Mr. Riiperts said that any approval
will lead to imminent litigation.
.
Upon cross-examination by Attorney Weiner, Mr. Kruger stated that heperfOl111s site plan work
and explained whcit goes into a site plan - square footage, maximum lot coverage that is
permitted, and buffers. When askedwnether he did a site plan fer the other properties, Mr.
Kruger said that he only was Iqoking to see whether there were other properties available.
On cross-examination by Attorney Weiner, Mr. Shuey said that he had participated in two to
three presentations on Comprehensive Plans. Mr. Shuey said that he gives a portiOn of the
course for real estate.
15
____u_ . ._. _".,.,__.,., _.,_~__.,._..._.., __. ,.. ."., ''''~._','~~'"_...-... ~'__~ .___
Meeting Minutes
Regulilr City Commission
Bovnton.Beach. Florida
Februarv 5. 2002
Attorney Weiner stated that the supporting documents to the Comprehensive Plan on page 3
talk about the Future Land Use Plan. and an exception for minor boundary adjustments. No one
questioned the meaning ofthis. Policy 1.19.6 says that the City shall not allow commercial uses
unless a particular property is:.unsuitablefor other uses or a geographic r)eed exists which ..
cannot be fulfilled by existing cOmmercially-zoned property. The word "or" means either one or
the other. Opponents say that just because there is a house there means. that it is suitable.
You can come to a conclysion that just because there is a structure there, it can become
unsuitable. Just look at a dilapidated structure in the downtown area.
Michael Rumpf, Planning & Zoning Director, stated that he has been the director for ~ V2 years
and has a master's degree in Urban Planning. He.has over 15 years of planning experience.. He
was hired by the City 14 years ago to assist with the writing of the Comprehensive Plan. The
intent of the Cpmprehensive.P1an is not to .createa rigid document but to provide something
that can live and breathe over aperiqd of time.. Ttle generaL int.ent is to maintain the general
distribution of landU$es throughqy~ theOty.That is why the policy states "niinorboundary
adjustments." The entire Otyis \hi~ceSS,.of 16 SfijlJaremileS .arid th.e area to be changed is less
than one acre in size. This pto~ljs cqnslsteOtwiththe Compreheosive Plan and would dean
up a split zoning area. The <:ityqiil ap(i)l:Qveasirriilar usil previqusly. on the site that is zoned
commercial but it was never cqn~\Vcte(j.. TheCityfs prospective arid the applicant's pro?pective
should be considered regardIng aifernative sitE:$.
Nat Siegel,Vice President for the appllca~t. developed over 40 restaurants for the
applicant. Krispy Kreme takes intoacCol;int froFltage, traffic counts, medium incomes, etc. He
has looked into other sites and theydoliot meet the criteria. There are no adequate alternative
sites.
J.im Cosentino, KrlspyKreme South Florida LLC, stated that they do not sell out of this
store to supermarket chains.
Attorney Weiner stated that residential tax values have risen even though commercial
properties have come in. If values have gone up after the Waffle House and Texaco have come
in, he car)not image any negative effect from Krispy Kreme. He presented tax information,
which is marked Exhibit 5 and Is attached to the original minutes on file in the office of the City
Clerk.
In summary, Attorney Weiner said that there is a support document to the Comprehensive Plan
thatallows minor adjustments. The zoning can be changed eVE:!n if there Is an existing building
and there are no alternative sites that are adequate.
Vice Mayor Weiland asked City Attorney Cherof what his interpretation of the Comprehensive
Plan is. City Attorney Cherof stated that this is not appropriately his role. In a quasi-judicial
process, it is the responsibility of the applicant and the opponents to present the facts.
Commissioner Fisher asked what impartial expert the Commission has.
16
c. '-...--r---...--..............---.........-....q.. .c.'.
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
F~bruafY S. 20'0'2
City Attorney Cherof said that it was not a question of impartiality but that the Commission
should listen to all. the experts. He suggested that City staff is not the applicant or the
OPPosition and they will come as close to that category as anyone else.
. ,
When questioned, Mr. Rumpf said that this is a minor boundary change.
Commissioner McCray asked staff whether they had stated that there were other suitable sites
to which Mr. Rumpf replied yes.
Commissioner Fisher questioned suitable and optimum locations. Mr. Rumpf said that suitable
lotations should be looked at in two perspectives ~staffs and the applicant's. Staff looks at it
very {Jenerally but not all inclusive.
Commissioner McCray wanted itstated for the record that he had not made up his mind
regardir1{J this matter months ago as one person had suggested. .
Commissioner Ferguson said he wanted to increase the tax base and do the best he could for
the citizens. He supports this prOject.
Mayor Broening said he appreciated everyone's time and empathizes with the citizens' fears.
However, the City does have a noise ordinance. He believes this project will be an
enhancement to the area. He pointed out that the duplex Is not being taken, it is being sold by
the owner. The atyhasan obligation to improve the .quality of life for the citizens in that area.
He will dedicate his efforts to ensure that this happens.
City Attorney Cherof read proposed Ordinance No. 02-002 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-002. Vice Mayor
Weiland 5econped the motion. City Clerk Prainito called the roll and the motion carried 4 to 1
with Commissioner McCray dissenting.
City Attorney Cherof read proposed Ordinance No. 02-003 by title only.
Motion
,
Vice Mayor Weiland moved to approve proposed Ordinance No. 02-003 and Commissioner
Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1
with Commissioner McCray dissenting.
4. PropOsed Ordinance No. 02-0'0'4 Re: Repealing Article III
of Chapter 18 and adopting a new Arti<;le III of Chapter 18, Municipal
Police Officers' Retirement Trust Fund, providing for the creation and
maintenance of the fund and providing for repeal of any part of the Code,
an Ordinance or Resolution in conflict
City Attorney read proposed Ordinance No. 02-004 by title only.
17
. _... '. u._,.,....".., -o"....~".."..=~.._~_.__...__.._.__._~.~..~_~ _._. ."~U_"T~._.~__~..........=~.=,..,_.
~"VOk
.... - ^
,,_. --.'"
(0--.-... =~C..' _ r
O' . ,,:,. , ",.-~,.~; U
J- --.. -. v
'V .-, V
rON '0
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Bui/ding . Planning & Zoning . Occupational Licenses . Community Redevelopment
February 27, 2002
Ms. Tina Golden
Palm Beach County Property Appraiser's Office
301 North Olive Avenue - 51h Floor
West Palm Beach, Florida 33401
Re: Comprehensive Plan Amendments and Rezonings
City of Boynton Beach
1. Ordinance 01-39 Land Use Map Amendment
2. Ordinance 01-40 Rezoning
3. Ordinance 01-68 Land Use Map Amendment
4. Ordinance 01-69 Rezoning
5. Ordinance 02-002 Land Use Amendment
6. Ordinance 02-003 Reaoning
7. Ordinance 02-006 Land Use Amendment
8. Ordinance 02-007 Rezoning
Dear Tina:
Consistent with the request of the Property Appraiser, we are forwarding the enclosed
ordinances recently adopted by the Boynton Beach City Commission. The first two of
these are for property owned by the Palm Beach County School District and previously
annexed under Ordinance 01-38 on July 17,2001. Notice of that action should have
been provided to you by the City Clerk. The second two ordinances are for property
owned by Calvary Chapel of Boynton Beach. This property was annexed under
Ordinance 01-67 on January 2, 2002. Ordinances 02-002 and 003, for Krispy Kreme,
were adopted on January 15, 2002 and Ordinances 02-006 and 007, for Dakota Lofts,
were adopted on February 19, 2002.
Should you have any questions concerning any of the enclosed, please do not hesitate
to call me at (561 )-742-6264.
Sincerely,
~~
Dick Hudson
Senior Planner
J:\SHRDA T A \PLANNING\HUD$ON\PRQP APPRAISER\PROP APPLETTER22702.DOT
City of Boynton Beach. 100 East Boynton Beach Blvd. . P.O. Box 310 Boynton Beach, FL 33425-0310
Phone: (561l 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.f1.us
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Cherof, James
Wednesday, February 27,2002 11 :24 AM
Bressner, Kurt
Greene, Quintus; Rumpf, Michael
Krispy Kreme
We now have four (4) legal challenges to the Krispy Kreme project:
1. Roberts Writ #1. Dr. Roberts filed a Petition for Writ of Certiorari challenging the rezoning and land use
amendment. He filed this action after the City approved the site plan and conditional use but before 1st or 2nd
reading on the land use amendment and rezoning. No response due until court reviews and issues order to
respond.
2. Roberts Writ #2. Dr. Roberts filed another Petition for Writ of Certiorari challenging the rezoning and
land use amendment. He filed this action after the City approved I st or 2nd reading on the land use
amendment and rezoning. No response due until court reviews and issues order to respond.
~
Y Roberts Administrative challenge to small scale land use amendment. (F.S.163.3187). This is an state
level administrative hearing procedure. A hearing can be held within 30-60 days following appointment of an
administrative law judge.
4. Save Our Streets. This is a 163.3215 action challenging the consistency of the development orders with
the comprehensive plan. Nothing has been filed in Court yet, but our response is due within 30 days.
Copies of the actions have been forwarded to the attorney for Krispy Kreme at his request.
. (~
p,c
1
MEMORANDUM
FROM:
DIANE REESE, FINANCE DIRECTOR
JANET M. PRAINITO, CITY CLE~~
FEBRUARY 14,2002
TO:
DATE:
RE:
PALM BEACH POST BILL
Attached please find a copy of the December 2001 invoice and statement from the Palm
Beach Newspapers Inc. We previously submitted a 121 to cover the entire amount ofthis
bill.
The applicant for Krispy Kreme, Gee & Jenson, has agreed to pay for the re-
advertisement of their project. Therefore, would you please invoice Gee & Jenson at One
Harvard Circle, West Palm Beach, FL 33409, in the amount of $1,304.40. This will
cover the cost of the re-advertisement that was published on 12/26/01 and appears on the
statement as Reference # 360832.
When the remittance is received, it should be applied to Account #001-1310-512-49-12.
Thank you for your assistance in this matter.
c: E&Y
Dick Hudson
S:\CC\WP\Memos\reese - krispy kreme readvertisement.doc
FEB 04 2002 4:46PM
STAMBAUGH TAR ONE
5618320062
1".1
\
;..-,
STAMBAUGH & TARONE, P.A.
Attorneys at Law
180 Royal Palm Way, Su~e 201
Palm Beach, Florida 33480
Telephone: (561) 832-0272
Facsimile: (561) 832-0062
": \
\ \\ ~ ,,~~"
I;!
,'- \\
-c..w..- :
':J-: I (j P""'"
Reginald G. S_beugh.
Theodore T. Taron.. Jr.
.Soo'" Cortlfitd Roo! EIW18 Attomey
Licensed to Practice In Tennnsee
FACSIMILE TRANSMISSION
Date:
Feb1'\lllI)' 4, 2002
# of Pages:
3
(including cover sheet)
Filc#:
Sender:
Scill1ey
Torry Choppell
Assistant to Reginald G. Stambaugh, Esq.
TO:
Mr. Michael Rumpf
City of Boynton Beach Planning & Zonilll! Dept.
FAX#:
5bl 7426259
FROM:
Reginald G. Stambaugh, Esq.
HE:
Krispy ((reme! (SOS)
COMMENTS:
Please see attached.
The Original Is Being Mailed To You Via U.S. Mail: _ Yes _1_ No.
The information contained in mis facsimile message is legally privileged and confidential information in~nded only for
the use of the individual or entity named above If the reader ofthismessage is not the in~nded r""ipien~ you are hereby
notilied that any di..eminatioo, distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, pi.... inlmodiate!y notifY IJS by telephone at the number shown above. Thank you.
FER 04 2002 4:46PM
STAMBAUGH lRRONE
5618320062
p.2
STA..l\1BAUGH & TARONE, P.A.
Attorneys At Law
160 Royal PllmWay, SUte 201
Palm Beacb, Florida 334tlO
Telephone (581) 1532.0272
FliCOlmIe (ee~) 832-ooe2
"Board Ctu'd1t8d Resl Estate At1aney
L1011'lsed 10 Pradlat i"l rer.nnaee
Reginald (I. SlImblllgb.
Theodore T. Tarone, Jr,
February 4, 2002
VIA F ACSIWJLE ONLY
Michael Rumpf
Director Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd,
Boynton Beach. FL 33425
RE: Ordinance No. 02-002 and 02-003 Changing the Comprehensive
Plan Future Land Use Map and Rez\Jning from Duplex
Residential to Neighbo:hood Commercial
Dear Mr. Rumpf:
As you know, I represent Save Our Street ("SOS") regarding the proposed changes to the
Comprehensive Plan Future Land U,e '\1ap and rezoning of the property along Boynton Beach
Boulevard intended for the Krispy Kreme donut store. Pursuant to the Agenda, please set aside at
leJllt 20 minutes of time for my client to present their case at the se~ond reading and public
hearing on the proposed ordinances, Pursuant to Florida Law, this public hearing requires my
clients the opportunity to be heard and they will be presenting expert testimony at that time
before the Ci:y Commission evidencing that the proposed changes are in direct contritdiction with
the CC'mprehensive Plan. Specifically, experts in the real estate field will provide expert
testimony consistent with your opinion that there are alternative sites in the City of Boynton
Beach for commercial use.
I thank you for your attention regarding the above. On another note, [ am still awaiting the copy
of the most recent site plan, which 1 requested when 1 met \\ith you in person before January 2,
2002. 1 made the request to your staff and have yet to receive the amended plan.
If you have a.'1y questions regarding the above, please do not hcsitate to contact this offiCII.
Sincerely,
STAMBAUGH & TARONE, PA.
By:
~J~~
Regmald G Stambaugh, Esq. .!J./'
RGS:m
cc: James Cherof, Esq.
Eugene ShileY, Esq.
Siped ill the Abseace of
Mr. StaJllb$.ugh t() Expedite Delimy
Boynton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 2 ZONING
Section 9. Administration and enforcement.
C. COMPREHENSIVE PLAN AMENI:>MENTS:REZONINGS.
12. _ Limitations on changes to application, after application has been submitted. After
notice of the public hearing has been published or notification h been mailed to surrounding
property owners, the app ication may not be modified before final ado tion of the ordinance to
rezone, so as 0 mc!u e any areas outSl e of the parcel described on the original application,
increase the number or intensity of uses, request a more intensive zoning, increase the number or
intensity of uses, request a more intensive zoning, increase the height of proposed structures,
increase traffic levels on local streets through residential neighborhoods, increase the floor area
or number of dwellings, or substantially increase the level of any measurable impact, nuisance,
or hazard, compared to that which was shown in the original application. All such changes shall
require a new application. Changes which decrease any of the impacts listed above may be
requested by the applicant, recommended by the planning department or planning and
development board, or required by the City Commission or State of Florida, without requiring a
new application.
01.'14.02 JlON 16:32 FAX 561 272 6S31
WEINER & ARO,,"SON
WEINER & ARONSON, P.A.
ATrORNEYS AT LAW
The Clark House
102 North SWinton Avenue
De:ra~ Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-rr,ail: jSmdelrayiaw@bellsoulh.nel
MICHAEL S. WEINER
CAROLE J. IlRONSON
JASON S. MANKOFF
January 14, 2002
Via Telecopier
Mr. ~1ichael W. Rumpf
Chal man
Director of Plannmg & Zoning
City d Boynton Beach
,00 loast Boynton Beach Blvd.
Boyrton Beach, Florida 33425
Re: Krispy Kreme
Our File No.: KRIK002
Dear Michael:
141 002
OF COUNSEL:
ROPEIIT MARC SCHWARTZ, P.A.
FlorlOil Bar Board Certified
Fl:cQI Estate lav.yer
I am confirming with you that there will be a first reading before the City Commission of
Boyr ton Beach concerning the Krispy Kreme location on Boynton Beach Boulevard at the meeting
of January 15. 2002 and that!J.g testimony will be taken from the public. I understand there will be
second reading on Tuesday, February 5, 2002.
If for some reason this is not correct. would you please let me know immediately.
appr!ciate your assistance.
/:
~~~~'
MSVJ:vf
G~\Kri\;002\Letter Rurnpj,Ja'1 14.wpd
it) - ..-;- ~ ..b; ~, W~:s
~ ~ ~ A;;, Yh.,.~
~
~
01.'14 02 liON lB: n FAX 561 272 6S31
WEI:>ER & ARONSO:-:
Ii!J 001
co
v
E
R
FAX
S H
-
E
E
T
Date:
pagns:
Michael Rumpf
742-6259
Krispy Kreme
Our File No. KRIK002
January 14, 2002
_, including this cover sheet
To:
Fax:~:
Subject:
COl'vIMENTS:
From tho desk of..
Michael S. Weiner, Esquire
Weiner & Aronson, P .A.
102 N. Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax: (561) 272-6831
Confidentiality Nollce
The irlformatlon contained in this transmlssion IS attorney-client privileged 2:1d confidential. It is Intended only for the
use O' the individual or entity namQd above. If the reader of this message is not the intended recipient, you are hereby
notifie d that any dissemination, distrlbution Df copy of this communication is strictly proh:bited. If you have reeeived this
ccrnrr unication In error please notlfy us immediately by telephone, collect. and r€lturn thC" origInal message to us at the
abOVE~ address via U.S. Mali, we will reimburse you for postage. Thank you.
Kenmore New York 14223-1269 . 1835 Sheridan Drive. (716) 876-5300. Fax (716) 879-6644
,
Police Department
SAMUEL M. PALMI ERE
Chief of Police
January 2, 2002
The City of Boynton Beach, Florida
City Hall, West Wing
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Dear Sir,
In the fall of 2000 Dynamic Doughnuts, Inc. opened a Krispy Kreme Doughnut
enterprise on Niagara Falls Boulevard in the Town of Tonawanda.
In the planning stages for the building and grand opening of this thriving business, I
worked very closely with Mr. James Cosentino, President of Dynamic Doughnuts, Inc., and
Mr. Christopher D'Angelo his Vice President and Counsel.
It was a pleasure in working with both of these men. Their genuine concern to have
their Krispy Kreme Doughnut franchise be a viable business venture was obvious. At no
time did they want the success of their business to be intrusive to neighboring businesses
or to impact negatively on the traffic flow to the ingress and egress of their property. They
worked very closely with my department to insure the safety and efficient travel of both
vehicle and pedestrian traffic. They embraced suggestions such as hiring additional security
and off duty police officers which were instrumental in meeting all public safety objectives.
Since the grand opening they have been great neighbors to surrounding stores and
residences and have championed many fund raising events for local schools and
organizations.
As a department we have not had to address any complaints from adjacent business
owners or from surrounding residential properties regarding crime, noise or any neighbor-
hood annoyance concerns.
In short. Mr. Cosentino and Mr. D'Angelo are true professionals in their field. I believe
their business will be a very welcome addition to your community.
Sincerely,
~~~~~~~
Samuel M. Palmiere
Chief of Police
"~I - 1 . 'Y'
SMP/jr
@ cc: Mr. James Cosentino
HEL "CLED PAPER
.......-----,.. MuCI "..1:....,
AUGUST VULTAGGIO
1501 NW 2nd AVENUE
BOCA RATON, FLORIDA 33432
- 2
L_
~I
DEPARTMENT OF DEYELOPMEm
December 31, 2001
SENT VIA fax 742-6259 & HAND DELIVERED
Michael W. Rumph
Chairman
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Dear Mr. Rumph:
I am a businessman and have worked very hard for 50 years to be able to
buy and sell my property. I have always been very honest and fair in my
dealings with the city and would expect the people of the city to be fair
and honest with me. I did not want to bring this up to the city people until
I saw what happened last Wednesday night at the meeting.
Enclosed is a copy of an offer to buy my property dated August 2, 2001
from Mark Roberts. This is for the property that I am selling to KrispyKream.
As you know, Mr. Roberts owns the building and property next to our
property and is objecting to the proposed plan.
Back in July when Mr. Roberts first heard that we had signed an
agreement to sell our property to KrispyKream and that our neighbors, Mr.
and Mrs. Sentmanat had also signed a contract, both subject to
approvals, Mr. Roberts made it clear to people, including Mrs. Sentmanat,
that he was going to object to any approval and that he wanted to buy
my property.
Last Wednesday night, at the meeting Mr. Roberts stood up and objected
to the KrispyKream approval as presented. His reasons for objecting are
false and self-serving. In my opinion, Mr. Roberts has stirred up certain
neighbors who have also objected to this project. My opinion is that he
believes that jf KrispyKream does not get approved as presented, they will
withdraw from the site and that as a result, my family will be forced to sell
him our property at a distressed price. He is wrong.
In my opinion, and based on what I believe I heard to be your staff's
opinion, the adjacent residential property makes the site plan as
presented favorable to both the city as well as the neighborhood. By the
way, Mr. Robert's office building property had a house on it when he
bought the property that he had to tear down.
As a property owner in Boynton Beach, I have much confidence that the
city officials will not allow certain people who only look out for themselves,
to stand in the way of the city's progress and what is ultimately in the best
interest of the entire community.
Thank you very much.
Sincerely,
WU'7J~
1 PARTIES AND DESCRIPTION OF PROPERTY
2* 1. SALE AND PURCHASE: ANTHONYMANNINO...allfilnUSEPPE VU1:JAG.GlO
3* and RHS_C.QBE.QMTlON. A FLORIDA CORPORA TlON. and/or a~$
4 agree to sell and buy on the terms and conditions specified below the property iProperty") described as:
5* Address: VACANT LOT ON SOUTH SIDE OF BOYNION BEACH BL VD. (640 BOYNTON BEACH BLVD.l
6* Legal Description: SEEATTACHEDEXHIBrr"A"
7*
8*
g*
10.
11*
12* including all improvements and the following additional property:
13*
14* .__
Vacant Land Contract
FLORIDA ASSOCIA TlON OF REAL TORSillI
f'Seller")
f'Buyer'")
NONE. VACANT LAND
15
16* 2. PURCHASE PRICE: $
PRICE AND FINANCING
2~000.11Q payable by Buyer in U.S. funds as follows:
.00 Deposit received (checks are subject to clearance)
by
f'Escrow Agent")
17* (a) $
18*
19
20* (b) $
21
22. (c)
23* (d) $
24* (e) $
25
for
JAMES F. MIUER & ASSOC TRUST ACCT
Name of Company
, _ or -3_ days from
Signature
4.000..JIQ Add~ional deposit to be made by
Effectiw Date.
138.000.00 Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage)
.00 Other:
811J1l111J1Q Balance to close (not including Buyer's closing costs, prepaid ~ems and prorations). All funds
paid at closing must be paid by locally drawn cashier's check, official check or wired funds.
26. 0 (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit
27. used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify: )
28* prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of
29 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph
30* 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation:
31.
32* 3. CASH I FINANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property with no financing contingency.
33*
34*
35*
36
37
38
39
40
41*
42*
43
44
45*
46.
47*
48
49
50.
X (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the
"Financing") within ~ days from Effectiw Date Of left blank then Closing Date or 30 days from Effectiw Date, whichewr
occurs first). (the "Financing Period"). Buyerwill apply for Financingwithin ~_ days from Effectiw Date (5 days if left blank)
and will timely provide any and all credit, employment, financial, and other information required by the lender. If Buyer, after
using diligence and good faith, cannot obtain the Financing, within the Financing Period, either party may cancel this
Contract. Upon cancellation, Buyer will return to Seller all title evidence, surveys and association documents provided by
Seller, and Buyer'sdeposit(s)will be returned after Escrow Agent receiws proper authorization from all interested parties.
Buyer will pay all loan expenses, including the lender's title insurance policy.
Jl( (1) New Financing: Buyer will secure a commitment for new third party financing for $ 138.000.00 or
60 % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully
informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such
information to Seller and Broker.
o (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Sellerinthe
amount of $ , bearing annual interest at % and payable as follows:
The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally
accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the
Buyer~! ) and Seller! )( ) acknowledge receipt ofa copy of this page, which is Page 1 of 6 Pages.
VAc.6 10100 02000 Florida Association of REALTORS@ All Rights Reserved
This form is licensed for use with Fannul~ Forms Software v3.0
~IB
'==" ............
800-336-1027
51
52
53
54
55
56
57*
58'
59' LN#
60. $
61' (describe)
62' interest rate of % which 0 will 0 will not escalate upon assumption. Any variance in the mortgage will be
63 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow
64' account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds % or the
65' assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this
66 agreement will terminate and Buyer's deposit(s) will be returned.
67 CLOSING
68 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before
69' .1Q. tay_~ ..iIf t_~.r ~~ipt of unless extended by other provisions of this Contract. If on Closing Date insurance
70 unller I1ti~'lMs~~Jij, r may postpone closing up to 5 days after the insurance suspension is lifted.
71 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted
72 by electronic means. If title insurance insures Buyerfor title defects arising between the title binder effective date and recording of
73 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph
74 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below.
75 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified,
76' confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other:
77'
78
79
80'
81
82'
83'
84
85'
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105'
106'
lOr
108
109
110'
mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any
time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous
parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named
insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine
creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or
not Seller will make the loan.
o (3) Mortgage Assumption: Buyer will take title subjectto and assume and pay existing first mortgage to
in the approximate amount of $ currently payable at
per month including principal, interest, 0 taxes and insurance and having a 0 fixed 0 other
(b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed
and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous
issue rate; inspections; survey and sketch; insurance; Other:
(c) Title Evidence and Insurance: Check (1) or (2):
~ (1) Seller will provide a Paragraph 8(a)(1) owner's title insurance commitment as title evidence. l!!! Seller 0 Buyer
will select the title agent. ~Seller 0 Buyer will pay for the owner's title policy, search, examination and related
charges. Each party will pay its own closing fees.
0(2) Seller will provide title evidence as specified in Paragraph8(a)(2). 0 Seller 0 Buyerwill pay for the owner's title
policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien
search fees, and Buyer will pay fees for title searches after closing Of any), title examination fees and closing fees.
(d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate
taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for
the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions.
(e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may
require Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law.
PROPERTY CONDITION
6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions
resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and
grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's
condition without the Buyer's prior written consent.
(a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which
flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and
rebuilding in the event of casualty.
(b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which
affect Buyer's intended use of the Property wilt not be grounds for canceling this Contract if the Feasibility Study
Period has expired or if Buyer has checked choice (c)(2) below.
(c) Inspections: (check (1) or (2) below)
~ (1) Feasibility Study: Buyer will, at Buyer's expense and within ..ALdays from Effective Date ("Feasibility Study
Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ATTACHED SITE PLAN
use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental
assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to
djW~ to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and
Buyer ( ) and Seller( ) ( ) acknowledge receipt of a copy ofthis page, which is Page 2 of 6 Pages.
VAC-e 10100 02000 Florida Association of REAlTORSQP All Rights Reserved
This form is licensed for use with Fal'DlUlat.IJIA Forms Software v3.0 800-336-1027
111 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other
112 utilities; consistency with local, state and regional growth management plans; availability of permits, government
113 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability
114 for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate
115 government agencies. Seller will sign all documents Buyer is required to file in connection with development or
116 rezoning approvals.
117 Seller gives Buyer, its agents, contractors and assigns, the rightto enter the Property at any time during the Feasibility
118 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and
119 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless
120 from losses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability
121 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of
122 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a
123 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not
124 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and
125 return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports
126 and other work generated as a result of the Inspections.
127 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's
128 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement
129 will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property
130 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed
131 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow
132 Agent receives proper authorization from all interested parties.
133" 0 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being
134 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the
135 installation of a well andlor private sewerage disposal system and that existing zoning and other pertinent regulations
136 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental
137 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations.
136 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any
139 contiguous land which Is divided or is proposed to be divided for the purpose of disposition into 50 or more lots,
140 parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into
141 50 or more lots, parcels, units, or Interests which are offered as a part of a common promotional plan.", Buyer may
142 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes
143 this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be
144 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
145 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing,
146 or Sellernegotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings,
147 or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract
148 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in
149 accordance with this Contract and receive all payments made by the government authority or insurance company, if any.
150 TITLE
151 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative
152 or guardian deed as appropriate to Seller's status.
153 (a) Title Evidence: Tille evidence will show legal access to the Property and marketable title of record in Setter in
154 accordance with current tille standards adopted by the Florida Bar, subject only to the following tille exceptions, none of
155" which prevent Buyer's intended use of the Property as .JlSES ALLOWED BYC-2 ZONING: covenants, easements and
156 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if
157 there is no right of entry; current taxes; mortgages that Buyerwill assume; and encumbrances that Seller will discharge at
158 or before closing. Sellerwill, prior to closing, deliver to Buyer Seller'schoice of one ofthe following types of title evidence,
159 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected
160 type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County.
161 (1) A title insurance commitment issued by a Florida-licensed tille insurer in the amount of the purchase price and
162 subject only to title exceptions set forth in this Contract.
163 (2) An existing abstract of title from a reputable and existing abstract finn (if finn is not existing, then abstract must be
164 certified as correct by an existing finn) purporting to be an accurate synopsis of the instruments affecting title to the
165 Property recorded in the public records of the county where the Property is located and certified to Effective Date.
166 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable tothe proposed insurer
167 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a fonnat
168 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent,
169 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to
170 Seller then (1) above will be the title evidence. Tille evidence will be delivered no later than 10 days before Closing Date.
171 (b) Title Examination: Buyer will examine the tille evidence and deliver written notice to Seller, within 5 days from receipt
172 of ti~le e 'dence but no later than closing, of any defects that make the tille unmarketable. Seller will have 30 days from
173" (Buyer) ( land Sellere )( lacknowledgereceiptofacopyofthis page, which is Page 3 of 6 Pages.
VAC-fi 1 ()() C2000 Florida Association of REAlTORII!l All Rights Reserved
This form is licensed for use with FoI"RM.JIIItcw" Forms Software v3.0 800-336-1027
174 receipt of Buyer's notice of defects C'Curative Period") to cure the defects at Seller's expense. If Seller cures the
175 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on
176 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to
177 cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from
178 receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction.
179 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written
180 notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property,
181 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such
182 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be
183 determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal
164 construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's
185 location on the property, unless Buyer waives this requirement in writing.
186 MISCELlANEOUS
187 9. EFFECTIVE DATE: TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or
188 signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will
189 be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal
190 holidays), except for time periods greater than 60 days, which will be computed in calendar days. If any deadline falls on a
191 Saturday, Sunday or national legal holiday, performance will be due the nex1 business day. All time periods will end at 5:00
192 p.m. local time (meaning in the county where the Property is located) of the appropriate day.
193 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's
194 failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies
195 will renderthat contingency null and void and the Contract will be construed as if the contingency did not exist.
196 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage
197 agreements, no prior or present agreements will bind Buyer, SellerorBrokerunless Incorporated into this Contract.
198 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures,
199 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper
200 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or
201 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable,
202 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records.
203 12. ASSIGNA81Ll1Y: PERSONS BOUND: Buyer may assign this Contract without Seller's written consent. The terms
204 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors,
205 personal representatives and assigns Of permitted) of Buyer, Seller and Broker.
206 DEFAULT AND DISPUTE RESOLUTION
207 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort,
208 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without
209 waiving the rightto seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for
210 the full amount of the brokerage fee. (b) BuyerDefault: IfBuyerfails to perform this Contract within the time specified, including
211 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated
212 damages or to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits
213 paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee.
214 14. DISPUTE RESOLUTiON: This Contract will be construed under Florida law. All controversies, claims, and other matters in
215 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows:
216 (a) Disputes conceming entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from
217 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent
218 will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the
219 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order.
220 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to
221 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding
222 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any
223 remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will
224 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will
225 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related
226 disputes. Any disputes with a real estate licensee named in Paragraph 17 will be submitted to arbitration only if the
227 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing.
228 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by
229 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a
230 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association C'AAA")
231 or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a
232 process in which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose
233 decision is binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed
234 on by the parties. Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees. and
235" Buyerl'1110 -'I land Seller( )( l acknowledge receipt of a copy of this page, which is Page 4 of 6 Pages.
VAC-fi ~ 02000 Florida Associalion of REALTORSiID All Rights Reserved
This form is licensed for use with Farnallat:ar'" Forms Software v3.0 8~36-1 027
236 will equally split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration
237 award, the prevailing party to the arbitration shall be entitled to recover from the nonprevailing party reasonable
238 attorneys' fees, costs and expenses.
239 ESCROW AGENT AND BROKER
240 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in
241 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of this
242 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for
243 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this
244 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the
245 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the
246 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims
247 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate.
248 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations
249 that are important to them and to consult an appropriate professional for legal advice (for example. interpreting contracts,
250 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.)
251 and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not
252 reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller
253 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely
254 solely on Seller, professional inspectors and governmental agencIes for verification of the Property condition and facts
255 that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable
256 attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with
257 or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold
258 harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage
259 based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at
260 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended,
261 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor;
262 and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and
263 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this
264 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing.
265 17. BROKERS: The Iicensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer
266 acknowledgethatthe brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent:
267 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate
268 brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such
269 fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees
270 as indicated below.
271 DiCK LAKE ~LAKE
272 Real Estate Ucensee Reaf Estate Ucensee
8%
C9MJWEU-JiANKEB.S;I).MMERCIAL NRT
BrokerlSrokerage fee: ($ or" of Purchase Price)
273" C_QJ.QWJ;JJ..JiAN15EBJ;J2MNLERClALJoIBT
274' BrokerlSrolcerage fee: (Sor "of Purchase Price)
.00
200"
297"
298"
299"
300"
301"
302"
303"
304"
305"
306"
307"
308"
309"
310"
311'
312"
313'
314"
315"
316"
317"
318'
319"
320"
321"
322 This is intended to be a legally binding contract. If not fully understood,seekthe advice of an attorney prior to signing.
330" Date:
331"
332" Phone:
333" Fax:
334" Date:
335"
336" Date: Seller: Tax ID/SSN:
337" Print name: GIUSEPPE VUHAGGIO
338" Phone: Address:
339" Fax:
340" 0 Seller counters Buyer's offer (to accepllhe counter offer, Buyermustsign or initial the counter offered terms and deliver a
341" copy of the acceptance to Seller by 5:00 p.m. on ). 0 Seller rejects Buyer's offer.
323
324"
325
326"
327
328"
329"
OFFER AND ACCEPTANCE
(Check if applicable: 0 Buyer received a written real property disclosure statement from Seller before making this Offer.)
Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a
copy delivered to Buyer no later than 5:00 0 a.m. ~ p.m. on AUGUST 15.2001 , this offer will be
reVOked~n er's deposit refunded SUb~'ec 0 cmr c of funds. \
Date: 2.. 0 Buyer: _ _ 'Ufl) ({t..&sdJo7T) Tax ID/SSN: ~,>-o IDr?.>::5
Print name: BliS CORPORA nON. d/or assians ./ '
Buyer:
Print name:
Address:
Tax ID/SSN:
Seller:
Print name: ANTHONY MANNINO
Tax ID/SSN:
342' Effective Date:
(The date on which the last party sIgned or initialed acceptance of the final offer.)
343" BuyercMkJ(
land Seller(
)(
l acknowledge receipt of a copy of this page, which is Page60f6 Pages.
Th. Florida A..odatlon of REALTORse and IOCIII BoudlA..ocI.tlon of REALTOR. make no t.pr..uhtlo" aa 10 thallgal nUdity or adequacy or ."y provision otlhl,
form In any .padflotranucUon. This ahndardlucl form should not be und In oomptaz tranuctlons Of wltll ut.nslvl rider. 0' .ddltlon.. Thl. 'orm Is nlllabla tor u..
by thl antlr. r"1 '.'st. Induatry and la not Intlndedtol.atlry tlM un,.. . REALTOR_.REALTOR.'a . r."la'arad collecllvl ..amlNrahlp mark that mlY be u..d only
by rnl ..ta'. U..n.... who .r. mamHr. or the NatlOftloI AuodaUon of REALTOR. and who 1.."-<<11te to Its Coda of Ethics.
The copyright lews of the United States (17 U.s. COde)lorbldthe unauthorized reproduction 01 blank forms by any means Including facsimile or comput.rlzedforms.
V AC-fi 10100 Cl2000 Florida Association of REAL TORSQ!l All Rights Reserved
This form is licensed for use with Fannulator" Forms Software v3.0 800-336-1027
FX1-1TRTT A
LEGAL DESCRIPTION
Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of
Lot 10, and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and
Lot 9 and Lots 19 through 21, inclusive, (less the North 10 feet for State Road
804 right of way and 1-95 right of way), Block 2, LAKE BOYNTON EST A TES,
PLAT 1, all according to the Plat thereof, as recorded in Plat Book 13 , Page 32-
of the Public Records of Palm Beach County, Florida.
._~,:.. :.':';':":":' ~:''-':;' ':~:~.~ "";~;". ~.- -: . :~-'., .,'.: .. .; .... :.".
)Vi6 /iPJ
eJ(r /
;
~ ~ v€€ I~ '4:Jees UOIU,{OS
'P^IS 4:Jees UOju,{OS 15eM 0~9
8NI0llnS 3:)1~~O 1'v'NOISS3J0)-1d SH~
!
z
-<
-'
0.
W
t:
en
z
o
~
u
LL
o
o
:2
a:
o
...,
-<
:2
o
w
en
o
0.
o
a:
0.
~ .. u' lL,
z;.,::H::
-.~. . I
, ..
f> "\1 - - - -
/
~~Z
iii!!O' ~ I
.," 1)
- (J
,r ,
,/ I I
0 1) I
~ "~ I
~;
0[\
- - - -~ - - - - -
,
t I
f r I
. I !
~ f .
.0
~ I r-- ~
.
.
~ I
~ , - --
- - - - - -
m I
~ 1 f
" ~~~ >--
s r" >-- I
~ ~~
m .'0
----- - - - i I
y
l~i I I I
I H , , I
,
I ,-, r--J OJ I
I
r I ,
i:~
VJ<n__t:::=2")) . i
, I
l ~ ,
. ,
fin~
1 H~
.. r--
j
I
I (
) '\ I r
i II II
I I
I '" 10, of
o~ )
C8 t;: I I..--- "'"
r .
- .
;E~~ (J
1)
,p ~.. ......
1\
- - - - - - -
\
~
.
z
~
~
N\!,
~~
~~g
'm
~ ~c:
:;!~'";
,"S -
enm :tl
.E3:U-
~~~
"'~,
~.cr
~ 8.~
~e~
w....
\!,
:? ~
Q. ~
. 0
~ 8 '";
~ ~~
~ .~
.... '" ~'"
.~ ~ - ~
.!! c.~~
.5" g~
u- g..:::....
iil:.;:l;l.g
o iii Gl Gl
::g ~iii:E
-.;; 0 0--.:
e l: Ll.. Gl
"::~;n ~
!::i~~
i ~~
~ g"i g. ~
gs~~ec..
g~all
8~ C1o.c.
~-s~~~
i~zJ~
~~~~;;
-n
Log ~umber l;)..-,a 7-01
CITY OF BOYNTON BEACH
REQUEST FOR PUBLIC RECORD INFORMATION
REQUEST SUBMITTED BY:
NAME: MAQ.IL Roberr 5
ADDRESS:
\ '- ~ P-+--~
~ \4u'l' l toi-
1-1-: ~
P.l'Y\
PHONE:
FAX:
(Above information is optional and not required from requesting person)
. ~ [fill
ORDINANCE #
RESOLUTION #
MEETING MINUTES
Meeting & Date (entire set)
Meeting & Date (excerpt only)
Other
r--'
i: c ~ f
\\ !
INFORMATION REQUESTED:
'r> J.~'n
':~ ;)T
.~~ ~ ~'~~i~rt"Me
u. t;L ~o- -
NOTICE:
You are not required to fill out this form. Office personnel are required to
complete this form, if you choose not to.
1. You may inspect the requested records without charge unless the nature or volume requested
requires intensive clerical or supervisory assistance in which case you will be advised of a special
service charge. (Extensive defined as taking more than 15 minutes to locate, review for confidential
information, copy and re-file the requested material) Department of Administration Hearing - FACC
12/97, Vol. XVII, NO, 3)
2. Plain paper copies shall be furnished upon payment of 154 if the paper is copied on one side and 204
if the paper is copied on both sides.
3. Copies of microfiche shall be furnished upon payment of 254 per page (a copy on one side of the
paper only).
4. Certification of documentations shall be charged at $1.00 per document.
5. Used cassette tapes shall be furnished at a charge of $1.00 each,
Date of Request
\ ')..~ 2....\ \ 0\
Date pleted .
Pla..nl\i'j'" 7AT Turll~r
forwarded t ity Dept.
Signature of Requesting Party
~ C.A~
.By Department Employee .
1::J,.-I8.-o/
Date
Date Returned to City Clerk
Revised 12/ 13/99
JMP j:\Shrdala\CC\WPIProceduresl,request for public record info.doc
FPD~1 POBERTS
FHX NO. 5617381961
Dee, 182001 11:52RM PI
"
MARK E, ROBERTS, D.D.S.
650 West BoyntOl1 Seach Blvd.' Suile.2' Boynton Beach, FL 33426 '(561) 7~1700
TO: City of Boynton Beach
PUlJLIC RECORDS REQUEST
DATE: Dece~ber :8, 2JOl
IUilQCllSTED NA'l'DIAL,
1. Copies of all material reGeived by the City of Boynton Beach
("CITY") ~ubseauent to October 23. 2001 pertaining to the
applicat::'on and all documents, including but not limited to,
written consents, deeds, j~stification, etc" submitted by Scott
Barber and Gee and Jenson on behalf of Krispy Kreme oJ: South
Florida for the Land Use Amendment/Rezoning Request that will be
before the Planning and Development Board at the Dece~~er 26, 2001
public hea.ring.
2, Copies of all CITY staff reports and in.Qrnal staff memorand~~s,
including e-noil:!!l, ~ubl!!leaueni=. to Octob..r 23. 2001. part..ininq to the
L~nd U~e .~endment/Rezoning Application submitteci by Scott Barber
and Gee and Jenson on behalf of Kriepy Kreme of South Florida. that
will be before the Planning and Development Board at the December
26, 2001 public hearing.
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
December 27,2001
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jsmdelraylaw@bellsouth.net
Mr. Dick Hudson
Senior Planner
Boynton Beach City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Krispy Kreme/Boynton Beach Boulevard
Our File No.: KRIK002
Dear Dick:
OF COUNSEL:
ROBERT MARC SCHWARlZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
En osed is an additional copy of the Answers to Justification Statement and Answers to
Compari on of Impacts.
Mi el S. Weiner
MSW:vf
Enclosures
GIKnk002\LetterHud.on.D"c26.wpd
'I ,:
,
L. "-
. I 'n,01
_U,.'
illl
II,
r..
,-- -. -.
ANSWERS TO JUSTIFICATION STATEMENT
1) Is the proposed land use amendment/rezoning consistent with applicable
comprehensive plan policies? (The division shall also recommend limitations or
requirements that would have to be imposed on subsequent development of the
property in order to comply with policies contained in the comprehensive plan).
Yes, the proposed land use amendment/rezoning is consistent with the applicable
comprehensive plan policies. For instance, Objective 6.2 of the Housing Element
states that all substandard housing shall be eliminated. The residential housing
presently on this main thoroughfare falls into this category. Additionally, Policy
1. 16.2 of the Future Land Use Element indicates that lot coverage should be less
than fifty percent (50%). The Krispy Kreme project, being new construction, will meet
these and other contemporaneous standards. Pursuant to Policy 1.17.1 of the
Future Land Use Element, the City discourages additional commercial uses beyond
those which are currently shown on the Future Land Use map except where access
is greatest and impacts and residential land uses are least. That is precisely the
case here. In support of this proposition, Policy 1.19.5 of the Future Land Use
Element states that the City shall continue to adopt and enforce regulations to allow
for commercial acreage which can accommodate the approximate demand for
commercial acreage which has been projected in the future land use element.
Page 1 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
_ 2) Is the proposed land use amendmenUrezoning contrary to the established land use
pattern, or would it create an isolated district unrelated to adjacent and nearby
districts or constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare?
No, the proposed land use amendment/rezoning is not contrary to the established
land use pattern and it would not create an isolated district unrelated to adjacent and
nearby districts or constitute a grant of special privilege to an individual property
owner. To the contrary, this merely rationalizes a commercial district on a main
thoroughfare and eliminates a small portion of residential zoning property which,
because of the proximity of the 1-95 exit, would only encourage substandard housing
utilization.
Page 2 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
3) Do changed or changing conditions make the proposed land use
amendment/rezoning desirable?
Yes, changing conditions make it desirable for this area to be zoned commercial. For
example, the area does not currently meet objective 1.22 of the Future Land Use
Element because this community is not defined by a series of walkable neighborhoods
with a clearly defined center and edge. Changing the frontage along Boynton Beach
Boulevard to commercial will better insulate the remaining neighborhood and with
appropriate site plan attention, will provide a definite sense of neighborhood to the area.
Page 3 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
4) Is the proposed land use amendmenUrezoning compatible with utility systems,
roadways and other public facilities?
Yes, the proposed land use amendment/rezoning is compatible with the utility
systems, roadways and other public facilities. This area is already utilizing city
services and no greater material burden is expected by conversion from residential
to commercial.
Page 4 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
5) Is the proposed land use amendmenUrezoning compatible with the current and
future use of adjacent and nearby properties or would it affect the property values
of adjacent and nearby properties?
Yes, the proposed land use amendment/rezoning is compatible with the current and
future use of adjacent and nearby properties as the property is generally surrounded
by commercial zoning designed local retail on the Future Land Use map. The
property values of the adjacent and nearby properties would be stabilized as a result
of this rezoning because: (i) there would be a definite border to the residential area;
(ii) substandard housing would be eliminated; and (iii) there would be improved
landscaping and a more aesthetically pleasing building than currently on the
property.
Page 5 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
_ 6) Is the property physically and economically developable under the existing land use
designation/zoning?
No, the property is not physically and economically developable under the existing
land use designation/zoning. It is too small to be put to use for a major residential
community. It would only support a small isolated rental project within an area of
high traffic and major highway arterials which would be neglected over a period of
time.
Page 6 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
_ 7) Is the proposed land use amendmenUrezoning of a scale that is reasonably related
to the needs of the neighborhood and the City as a whole?
Yes, the proposed land use amendment/rezoning is reasonably related to the needs
of the neighborhood and the City as a whole. The rezoning is only for. 62 acres of
land. It is only for the purpose of rationalizing an already existing commercial zone.
It has no major impacts.
Page 7 of 8
ANSWERS TO JUSTIFICATION STATEMENT (Continued)
8) Are there adequate sites elsewhere in the City for the proposed use, in districts
where such use is already allowed?
Yes, there are other sites zoned for this use, but none are available to the applicant.
As to the adequacy of these sites, we can make no comment since parking,
drainage, ingress and egress and other site specific issues must be addressed on
a case-by-case basis.
O'\Krik002'Answers to Justification Statement.wpd
Page 8 of 8
ANSWERS TO COMPARISON OF IMPACTS
1) What is the comparison of the potential square footage of number and type of
dwelling units under the existing zoning with that which should be allowed under the
proposed zoning or development?
It is difficult to specifically compare the potential square foot of the number in types
of dwelling units under the existing zoning with that which would be allowed under
the proposed zoning and development since the requested change is from a
residential zoning to a commercial zoning. However, under the R-2 classification,
9.68 dwelling units are permitted per acre. Under the C-2 zoning designation, the
gross floor area must be less than 5,000 square feet. If you assume that an average
dwelling unit is 1,500 square feet, the buildable area as a result of this zoning
change is significantly reduced.
Page 1 of 3
ANSWERS TO COMPARISON OF IMPACTS (Continued)
2) What uses would be allowed in the proposed zoning or development and what
particular uses would be excluded?
C-2 commercial is not the City's most intense commercial zone. For instance, it
allows restaurants, flower shops, bookstores and jewelry stores. Such things that
would be excluded would be firearms, fireworks and the sale of alcohol other than
beer or wine. The applicant has no intentions whatsoever to use the property for
any use which would be excluded.
Page 2 of 3
ANSWERS TO COMPARISON OF IMPACTS (Continued)
3) What is the proposed timing and phasing of the development?
The development is only one phase. The restaurant would be constructed within six
(6) months of the issuance of a building permit.
O:\KrikOQ2\Answers to Comparison of Impacts.wpd
Page 3 of 3
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone; (561) 265-2666
Telecopier: (561) 272-6831
E-mail;jsmdelraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARlZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
December 7,2001
Mr. Dick Hudson
Senior Planner
Boynton Beach City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Applicant's Ownership Affidavits for Land Use Amendment and/or Rezoning
Application
Our File No.: KRIK002
Dear Dick:
Enclosed please find two (2) original Applicant Ownership Affidavits to supplement
each of the Land Use Amendment and/or Rezoning Applications which we provided you
on November 21, 2001.
Please call me if you should need any additional information.
Very truly yours,
Jason S. Mankoff
JSM:ab
Enclosures
cc;
Michael S. Weiner, Esq. (w/o enclosures)
(\ r-
r I i
n
1-
O'\Krik002\Letter Hudson.Dec07.wpd
OEr e