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APPLICATION PROJECT NAME: The kcsidences @ Marina Village LOCATION: 743NW 1st Avenue PCN: I FILE NO.: REZN 02-005 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: AERC of Virginia, Inc. Bruce R. Jarvis, The Bruce Group, Inc. PHONE: 216-797-8796 PHONE: 561.330-9106 FAX: 216-797-8739 FAX: 561-330-2345 ADDRESS: 5025 Swetland Ct. ADDRESS: 205 George Bush Blvd. Richmond Hts. Ohio 44413 Delray Beach, FL 33444 Date of submittaIlProiected meeting dates: SUBMITTAL / RESUBMITT AL 6/21/02 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 7/15/02;8/3/02; 8/13/02 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT 8/13/02 AGENCY BOARD CITY COMMISSION MEETING: 8/20/02 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\MARINA\REZN 02-005\2002 PROJECT TRACKING INFO.doc CIty Codes Accessed via Website www,bovn'r!-. . 'beach.onI. www.amlegal.comlboynton_ beach ~tlus HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? Yes DATE: 06/20/02 CITY OF BOYNTON BEACH, FLORIDA - 1,--';'." , n ~ I PLANNING & DEVELOPMENT BOARD I UU LI~ 2 I L LAND USE AMENDMENT AND/OR REZONING APPLICATIO~ ' ' ~'r. '0 i " j-' J This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Division. Incomplete applications will not be processed. Note: This Application is to conform the subject property to the City's new "Mixed Use-High" Zoning District. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. I. GENERAL INFORMATION 1. Project Name: Marina Village (Boynton Marina Project) 2. Type of Application (check one) a. Land Use Amendment and Rezoning b. Land Use Amendment Only X c. Rezoning only 3. Date this application is accepted (to be filled out by Planning Division) 4. Applicants Name (person or Business entity in whose name this application is made) AERC of Virginia, Inc.; Agent Bruce R. Jarvis Address: 5025 Swetland Cl. Richmond Hts., Ohio 216/797-8796 44413 (Zip Code) FAX: 216/797-8739 Phone: 5. Agent's Name (person, if any, representing applicant Bruce R. Jarvis, The Bruce Group, Inc. Address: 205 George Bush Blvd. Delray Beach, FL Phone: 561/330-9106 33444 (Zip Code) FAX: 561/330-2345 City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 2 6. Property Owner's (or Trustee's) Name: Same as # 4 above Address: (Zip Code) Phone: FAX: 7. Correspondence Address (if different than applicant or agent)' N/A 'This is the only address to which all agendas, letters, and other materials will be mailed 8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Owner 9. Street Address or Location of Subject Parcel: 743 NW 1st Ave. Boynton Beach, FL 33435 PCN (s) 08-43-45-27-01-000-0370 & 0391 10. Legal Description of Subject Parcel: See attached Legal Description 11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: 6.93 +/- 12. Current Land Use Category: "MX" 13: Proposed Land Use Category: IIMX" 14. Current Zoning District: "eBD" 15. Proposed Zoning District: "Mixed-Use - High (MU-H)" 16 Intended use of subject parcel: Apartments, Commercial, Marina City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 17. Developer or builder: Goray - Jarvis Properties, LLC Roger Fry & Associates 305/446-7787 18. Architect: Parker Associates 918/742-2485 19. Landscape Architect: Alex Knight, Inc. 305/441-6511 20. Site Planner: Roger Fry & Associates 305/446-7787 21. Civil Engineer: Sun-Tech Engineering, Inc. 954/777-3123 22. Traffic Engineer: Hughes Hall, Inc. 954/946-9095 23. Surveyor: Sun-Tech Engineering, Inc. 954/777-3123 II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) ....2La. This application form. -Lb. A copy of the last recorded warranty deed. _c. The following documents and letters of consent: _(1) If the property is under joint or several ownership: a written consent to the application by all owners of record, _(2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and -L(3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (Copy on file with the City) ~(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and _(5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation' or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. -Ld. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: L (1) An accurate legal description of the subject parcel. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 4 .1$.. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. 6.93+/- Acres N/A (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. -Le. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. -Lf. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. ~. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: To implement the new mixed-use zoning district which replaces the previous CaD district. Such new district matches the subject project characteristics. 1) Whether the proposed land use amendmenUrezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. Yes, it is consistent. 2) Whether the proposed land use amendmenUrezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. No, It's not contrary. 3) Whether changed or changing conditions make the proposed land use amendmenUrezoning desirable. The requested change conforms to the City's new zoning district and vision intended for downtown. 4) Whether the proposed land use amendmenUrezoning would be compatible with utility systems, roadways and other public facilities. Yes, it is compatible. 5) Whether the proposed land use amendmenUrezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. Yes, it is compatible and would have a positive affect on property values. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 6) Whether the property is physically and economically developable under the existing land use designation/zoning. The requested change conforms to the City's new zoning district. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. Yes, it relates to the needs of the City and neighborhood as a whole. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. No. Proposed zoning is only targeted for current CaD area. -L-h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: -2L(1)A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. No change in impacts from rezoning; project site plan reflects impacts and to be reviewed and approved concurrently. -2L(2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. No change. -2L(3) Proposed timing and phasing of the development. See Schedule to be provided. -2L(4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. Not knowing at this time. 2. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. See study to be provided. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 6 the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. _~_-<6)For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. No change. Demand Estimates to be provided. ----1L(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. No change. Flows to be provided. ----1L(B) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. No change. 277 units x 1.82 = 504 population. N/A (9)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning ,the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. NA (10)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 _(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. _(b) _(c) Existing and proposed grade elevatiOns. Existing or proposed water bodies. _(d) Form of ownership and form of organization to maintain common spaces and recreation facilities. _(e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. NA (11 )For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. Ill. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 8 V. APPLICANT'S OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ----------------------1 BEFORE ME THIS DAY PERSONAllY APPEARED Bruce R. Jarvis DULY SWORN, DEPOSES AND SAYS THAT: , WHO BEING 1. He/she is the owner's authorized agent, of the real property legally described in Attachment A; 2. He/she understands the Future land Use Map amendment application fee is nonrefundable and in no way guarantees approval of the proposed amendment; 3. The statements within the Future land Use Atlas amendment application are true, complete and accurate; 4. He/she understands that all information within the Future land Use Map amendment application is subject to verification by City staff; 5. He/she understands that false statements may result in denial of the application; and 6. He/she understands that he/she may be required to provide additional information within a prescribed time period and that failure to provide the information within the prescribed time period may result in the denial of the application. (Authorization on file with the City) FURTHER AFFIANT SAYETH NOT. The foregoing instrument was acknowledged before me this 20 day of June , 2002, by Bruce R. Jarvis (Name of Person Acknowledging) who is personally known to me or who has produced Personallv Known (type of identification) as ide tification and w did (did not) take an oath. .:?"h (Signature of rson Taking Acknowledgment) -,,-fV\nn~ l=-~, 10mrl (Name of A knowledger Typed, Printed or Stamped) (Title or Rank) 205 Georae Bush Blvd. Street Address (Serial Number, if any) Delrav Beach. Fl 33444 City, State, Zip Code Telephone 1561 )330-91 06 (Notary' Seal) LEGAL DESCRIPTION: PARCEL 1: Lots 31 and 38 and Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rorida, Less the right-of-way of Casa Lorna Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, If any, of mortgagor In the rights-of-way of Casa Loma Boulevard and Orange Grove Boulevard. PARCEL 2: The East half of Lot 39 and the East half of Lot 42 In Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rorida (Less the South 30 feet of said Lot 42 as shown In Deed Book 341, page 188) Together with the reversionary Interest, if any, of mortgagor In the right-of- way of Ocean Avenue. PARCEL 3: That plat of SectIon 27, Township 45 South, Range 43 East, Palm Beach County, Rorlda desalbed as follows: Commence at the Southeast comer of Lot 37, Dewey's SubdMslon, according to the plat thereof recorded In Plat Book 1 at page 37 of the Public Records of Palm Beach County, Rorlda; thence N 70 14' 10. e., along .the East line of said Lot 37 and along the West right-of-way line of the fntracoastal Waterway, 25.20 feet to a line 25.0 feet North of and parallel with the South line of said Lot 37 and the Point of Beginning; hence East, along said parallel line, 33.85 fi!et; thence N. 50 47' 36" e., 142.02 feet; thence N. 820 S. 45' SO. W., 30.0 feel: to the said East line of Lot 37; thence S.]O 14' 10. W., along said East line, 146.24 feet to the said Point of Beginning. Areas: Parcels 1 &. 2 &. 3 = 301,887 sq., ft., 6.93 acres. location: Northwest comer of Orange Avenue and Ocean Avenue , .' EXHIBrr"A" 0-