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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