APPLICATION
to ,-
PROJECT NAME: Promenade
LOCATION: 416 N. Federal Highway
PCN: 08-43-45-22-01-000-0241
I FILE NO.: REZN 04-002 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton Beach Waterways
Weiner & Aronson, P .A. Investment Associates, LLC.
ADDRESS: 102 North Swinton Avenue ADDRESS: 155 S. Miami Avenue Penthouse
Delray Beach, FL 33444 2A Miami, FL 33130
FAX: 272-6831 FAX: 305-374-5051
-
PHONE: 265-2666 PHONE: 305-374-5455
Date of submittal/Proiected meetine: dates:
SUBMITTAL / RESUBMITT AL 4/28/04
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: MaHout: 6/20/04 Publish: 7/03/04; 7/13/04
TRC MEETING: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT 7/13/04
AGENCY BOARD
CITY COMMISSION MEETING: 7/20/04
8/3/04
8/17/04
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Promenade\REZN\2004 PROJECT TRACKING INFO.doc
City Codes Accessed via Website www.bovnton-beach.org.
www.amlegal.comlboynton_beach_fl.us
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING?-LDATE: ~-2'- OLi
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & DEVELOPMENT BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
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.
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1. Project Name: PRt) lJ:e,U\OE
2. Type of Application (check one)
a. Land Use Amendment and Rezoning
b. Land Use Amendment Only
L<. 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)
'BO'l".n~ "BE1\Ct\ wl'\~wf\-'1S IN\)BmEN, ASSOCI AlPS , LL-C..
Address:
\55 :S. M\f\N\ \ - A-<.JEN0E I PENThDUSE zA
Ml'f\-Ml) FL 3~ 13 0 ' -
(Zip Code)
Phone:
"305-"31Y~6y6S
FAX:
306- 31L-f-505 \
5. Agent's Name (person, if any, representing applicant
Wl:?\ N ER -+ A. RCNec"'-.\) 'P, A; .
Address: IC2 NOR\l-\ S\NIN1DN A\1E
PELt<A'-\ BEAGtt) l=L 3~'+Y
Phone:
'5(01 ~ 2..06 - 2(0(0<0
(Zip Code)
FAX: 501 -2'72-683/
, .
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 2
6. Property Owner's (or Trustee's) Name:
f;D'I N \l)N BE:'A (.Ii W A ~ ~\1f1 '{ S IN \J I:?S\1v\~T AS5CC 111-TE"S J LL.C.. .
Address:
\55 5. ,,^'r1f\.A\ A~EN0E.. I PE1'-.\ntOOSE 2A
M\ f\-N\ ,;;:'L ~'3, ~a '
(Zip Code)
Phone:
3D5 ~ 31 '-1-54-5S
FAX:
30'5 -31'-1- 'O()S)
7. Correspondence Address (if different than applicant or agent)*
*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.)
O'NN82-.
9. Street Address or Location of Subject Parcel: 4-llo N. FED'EAAL \t16tltWA-'I
N. E. CORNEt<.. of FE.DEV<AL H-'~\tW~ 1'" EP"I"-ITCN 13Bt-ut-13 L"-JD .
PCN (s)
C8 - Lf 3 -<4 rs - 2'2 - b\ - 000 - D2 '-+- \
10.
Legal Description of Subject Parcel:
'SEE. Pr 1TA ctttr.::> r.xtt I B IT ft;
11.
Area of Subject Parcel (to nearest hundredth (1/100) of an acre:
3.g(o AC~E:S
12.
Current Land Use Category:
N\.\J
13: Proposed Land Use Category:
14. Current Zoning District: CBD
15. Proposed Zoning District: M 'j...- +r
16 Intended use of subject parcel: MIiE"b uSE. Cfes\Ds0n-ftL I ~DM'MEJ2cHrL
AND rtCJf1~L~
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 3
17.
Developer or builder:
PA,,\1lt"82 ~ffi'- B:>TATE
18.
Architect:
C:O\1-El'--\. F~EED~ ,8\...IG\ NOSt'\ -r A-SSOCIATE~
19.
Landscape Architect:
FU5TEl< A~D AS50C\ATE'S
20. Site Planner:
21. Civil Engineer: CAuFlCLD + WHffLE'R
22. Traffic Engineer: Pl "'DEt< +- \R00ll'^AtJ
23.
Surveyor:
'BA5a.\NE. EN~I~EEl2.lN.q t LAND SUe\l~IN&]
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
/a. This application form.
/ b. 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,
r,-.,\,
_,L..J
if thE: a;.:;-:j:;ant i;s a corltrc~ct purchaser: a ~opy or the; purchase contract and written
consent of the owner and seller, and
~ If the applicant is represented by an authorized agent: a copy of the agency agreement,
or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of
the owner, and
b)
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.
/d.
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:
/(1) An accurate legal description of the subject parcel.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 4 /
JL.J2) A computation of the total acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
'>t 1ljt(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
-s"1iE LJ\NDSCA?E preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if
p~ 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.
/e. 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.
.,,/ f. 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.
/" g. 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:
1) Whether the proposed land use amendment/rezoning 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.
2) Whether the proposed land use amendment/rezoning 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.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning 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.
6) Whether the property is physically and economically developable under the existing land
use designation/zoning.
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.
..,
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 5
8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
/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:
/ (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.
/(2) A statement of the uses that would be allowed in the proposed zoning or development,
and any particular uses that would be excluded.
~3)
/(4)
Proposed timing and phasing of the development.
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.
(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.
(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
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
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 6
/(7)
~8)
/(9)
the water system shall also be included, where existing facilities would be inadequate to
serve development under the proposed zoning.
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.
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.
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.
_(10)At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit the following information:
_(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
...
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 7
dedications as may be required.
/(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.
III. 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
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED Pa.fl.1f I ~i"f"
DULY SWORN, DEPOSES AND SAYS THAT:
"'/lif/"'? ~~,..v 01.J4 owltt~
1. He/she is the OWIlQr, or the Q\A(ner's allthori7prl ~gent, 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 proposjd amendment;
3. The statements within the Future Land Use Atlas amendment application are true, complete
and accurate; 9It
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. -i< alfor .
1 70 -fk ~~t of "'''1 ~"Q,.)t'l t-h //1-10,,,.,,',, hu ~ aO'llllj
FURTHER AFFIANT SAYETH NOT. V,CJ .f.uf (~rF..( J ,'s Coltf/(; 1('1,( ~C((.<I{"J"
, WHO BEING
The foregoininstrumept was acknowledged before me this n. day of Itl ( ,200L(, by
q (-t,( ) tr(,,,.. (Name of Person Acknowledging) who is personally
know e or who has produced (type of identification) as
I entification a who did (did not) take an oath. Bo.,~to') WAi(Iw'....,~ l'IvtfI-N'Ir InO(/(~) U(
-----
of Person Taking Acknowledgment)
Applicant's Signature
.f)(ul/d .J'iJ(/j I A 41.}I '1 k-J.,r
Applicant's Name (Print)
(Name of Acknowledger Typed, Printed or Stamped)
(Title or Rank)
_\55 5. M\f\\V\\ A\laluE
?ENT\tOIJs'E. zA. Street Address
(Serial Number, if any)
MIAtv\\) 'FL 33130 I
City, State, Zip Code J-t.l- f'
Telephone (Jc6) 37&../-CSLfSS
(Notary' Seal)
'm,'~;l1~l:'I"'" JASON MANKOFF I
f .~ Notary Public - State of Florida
~. . ~ My Commz.::.sm ~Jan 30, 2006
~ {ill Camrr';5sion' DD 88041
~~r.\\\" , Bon;: ;.,::~,~::=,
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
VI. AGENT CONSENT FORM
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------1
BEFORE ME THIS DAY PERSONAllY APPEARED J'f1ie( JjC\Il' , WHO BEING
DULY SWORN, DEPOSES AND SAYS THAT:
1"41 ""II ') /Y'4"'~{ L( tu
1. He/she is the ~wner of the real property legally described in Attachment A;
2. He/she duly authorizes and designates to act in his/her behalf for the purposes of seeking a
change to the Future land Use Map designation,ff the real property legally described in
Attachment A; JJ
3. He/she has examined the foregoing Future land Use Map amendment application and he/she
understands how the proposed change may affect the real property legally described in
Attachment A.
FURTHER AFFIANT SAYETH NOT. "'*' a'lJ.)y'e70'\l'!I.~
The foregoing instru ent was acknowledged before me this)),.;1 day of 4/1 ( , 20~, by
"i1. M... II ( I r (Name of Person Acknowledging) who is personally
know or who has produced (type of identification) as
I entification and who did (did not) take an oath. 8"'f~(-o/\ Wo(41,..v~J rllyt$/ner,J
frfl. (A "I /h J L-L-'l;
Owner's Signature
/J4/1ItJ Slfftl\ 11~1(11/l1 /1f"'W
/
Owner's Name (Print)
(Name of Acknowledger Typed, Printed or Stamped)
(Title or Rank)
IS5. '5. ~1f\M\ A~EN\lE
PENTliOUSE.. 2A. Street Address
(Serial Number, if any)
M\AM\) fl.. "3"3130
City, State, Zip Code
Sv<-
p. (
(Notary' Seal)
Telephone (~ 31Y - SySS
,""-;~"~II!l..~.....-. "!Ill .. dIl...rCi..,
I '~'~:':;~~~~~" JlISON MANKOFF t",
!"'m(f;. \ NO~ry P.lJt1Ii.o:- State of Florida
~ . . ~ My (,ocr.;) ,Iil:cn Expre.s.!an 30, 2005
~.;" {t}~ C()';)m'g~;Gn' DD 88041
"~OF ,...' ~\. "', '.'
, '. "ff"'':i'' Bon"", ','i hJl.ional Notary Assn, .
t.,. ~~~~~}t:.".;- ~-"..,;">;t'U :r~'1J~~:t,r,H~;:1
..MA~, 1/.2004 lO:48AM
PALMETTO PARK TITLE
""UIIIIIIII~~RO:15Jlil~"J'~HIl.
02/25/2004 14:34:01 20040101858
OR B~ 16587 P6 1553
Pal. Beach County, Flo~ida
AMT 5,400,000.00
Doc StaMp 37,800.00
Dorothy H Wilken, Cler~ of Court
Prepared by :
Lloyd Granet. Esquire
2295 NW Corporate Blvd
Boca Raton, FL 33431
Parcel Identification No. 0 ~ ~ t{:3 - 'f 6 - ~" - 0 I - (;6 () ,. 0 ~ tt t
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this-z..3 ~ay of ~ 2004 between
MJB Chelsea L.L.C., a Florida limited liability company
whose post office address is 1645 SE 3rd Court, Suite 200, Deerfield Beach, FL 33441
hereinafter called GRANTOR and
BOYNTON W A TERW A YS INVESTMENT ASSOCIATES, LLC, a Florida limited
liability company
whose post office address is: 155 South Miami Avenue Penthouse ITA Miami, Florida 33130
herei.nafter called GRANTEE,
(Wherever used herein, the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and
the heirsl legal representatives and assigns of individuals, and the successo:rs and assigns of corporations.)
WITNESSETH: that the GRANTOR, for and in consideration of the sum of$10.o'O and other
and good and valuable considerations to GRANTOR in hand paid by GR.ANTEE, the r.eceipt
whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys
and confinns unto GRANTEE and GRANTEE's heirs and assigns forever, the following
described land, situate, lying and being in the County of Palm Beach, State of Florida, to wit:
SEE EX!DBIT "A" ATTACHED HERETO AND BY TIllS REFERENCE MADE A
PART HEREOF
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and
agreements of record, if any; taxes and assessments for the year 2004 and subsequent years; and
to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental
authorities, if any.
RECORD AND RETURN TO:
PALMETTO PARK TITLE CO.
399W. PALMETTO PARK RD. #106
BOCA RATON. FL 33432
Page 1
,MAK. ] I. iUU4 1 U: 4aAM
PALMETTO PARK TITLE
NO. 045
P. 3/4
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging in
anywise appertaining.
TO HA VB AND TO HOLD the same in fee simple forever.
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, the
GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR bas good right and
lawful authority to sell and convey said land; and that the GRANTOR hereby fully warrants the title
to said land and will defend the same against the lawful claims of all persons, claiming by, t1)ro,"gh
or under Grantor.
IN WITNESS WHEREOF, GRANrOR has signed and sealed these present the date set forth
above.
e,
GRANTOR:
MJB Chel a
a Florida i i
Siglled, sealed and delivered.
in our presence:
(SEAL)
STATE OF FLORIDA
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this ~ay of CLJ,. . 2004 by Robert
M. Geisennan as Manager otMJB Chelsea L.L.C., a Florida Limited Liability Company, on behalf
of said company, who is Lpersonally known to me or _ who has produced
as identification.
[Notary Seal]
F:\lwpdocs\geil:erman\mjb chelsea\boynton\jem.\speoial warranty deed."Wpd
~,~~~~;:,';. Marie Santoro
~~~ ~ CommiS&ion #. DDOSIG4.l!
=;.i . 1~5 l!lpkn. M. 3, ZOO6
~ ~ ~ )lolui~ 1'l1ru
"'~- ~'~-
.,f,ll$~ JJUntic lot.ding co., ltle
Special Warranty Deed
"MJi ~1l1811l :l.L.C ,,'t ~u :Be.Y8feJl L16
Page 2
"
MA~, 1/. LUU4 1 U: 4~AM
""
PALMETTO PARK TITLE
NO. 045
P. 4/4
EXIDBIT "Au
.A,. parcel orland being Ii ponion afLotS 24 and 25 ofDEWEY'S SUBDMSJON, City ofBoynlon
B~c;b.. I.'ttQm.ed in PI~t: Book 1~ PQgc 37. Public Records ofPlIlm Be::J.ch County. Florida, sa.id la.ttd
b~jng more particularly described as follows:
Conunencing at the SouthC3St comer oCLat 25. oft.he above mentioned Plat Dc\VC)'s Subdivi$ion;
thence:' wilha bc;uing olNonh 01008-50" West. along !he E:lSt line atl..Q(2.s.adistaru~eo(4S.01 fet:e
to the Nonh right-of:.way line ofBoyolon Bexh Blvd.. Bnd the: Point of Beginning; thence wid1 a
bea.ring of North 89.5Q-l..,. W~~ along the North ri&ht~f..w.a.y line ofBaynton B~cb: Blvd., said
Uoe lying 45.00 feat North of the South line of Lor 2S~ a diSlIUK:e of291.15 tcellO a point; thenc;c:
with a bemng ofNortb OO-S~45" West. along the ~t righC.of..W1lY line ofFe4cr.a.lllis)lway. ~
distanc;e of 596.97 feel to a point on the North line ofLol 24; theqc~ wilb a.'bc::zno.g of South
3~46'04" East.., along the NOftb line: ofLt;>>t 24. a distance of2SL.sX feet fO. ~int; th~n~ with.t
bearing of SOluh. 01~'50" East, along a line 8.00 feel West of the E:lSt line ofLol24. 98.03 feel to
a point; thence South 89~4S'04. East, a distance of8.00 fee~ to a poinr on tbe West line ofLe>t 24;
Ihence with a bearing of South Ot~8.50. East. alons the East line afLots 24 :tnd 2,5, a distance or
498..62 feet to the PDint of Beginning.
, ':
'.
. ,,'" .
COMPANY RESOLUTION
The undersigned hereby certifies that I am the
respect"lvely of iJ) \ h. .~. i \ !" : _. J' , - I... LLaC
, l/\..'1~il:j'l I.../li".{ i'/,' .~!.',i-;:J", ',1,,/'\.',\1,, i'.'t.\.},
1~/1j". ,. I.'
1/1 . . ,-",,2/ ;/
,/ f ~
- ,
f
, ,f,
I ,
L'
, '-
and that the following is a true copy of a resolution duly adopted by the members at a meeting
duly held on the
I
, I
~
~ rJ j~' _J
, at which a quorum was present and voting
throughout, and that such resolution has not been rescinded or modified and is now in full force
and effect:
RESOLVED that~(6J-
S/I!.LI,J
is hereby authorized and
empowered to execute any and all documentation on behalf of this cormpany, including the
appointment of any agent(s), required to effectuate any land use applications in the City of
Boynton Beach, Florida for the property owned by the company and located on Federal
Highway, North of Boynton Beach Blvd.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal
of this company, this ) 1.'- day of It 2004
~;~ -(It!'iI ,-
/ I I'i {. \ /;;" f~ .-r }'(,.
) . r i.
O:\BWIA002\Company Resolution for zoning app.wpd
.rl~. 1/. L004 10: 4eAM
PALMt IIU PA~K III Lt
NU. U'f'
~, 'f;'f
EXHlBIT "A"
A pan:eJ of land being II ponioD. arLols 24 and 25 ofDEWEY'S SUBDMSJON. City ofBoynlon
Bc:ac;b. recQrded in PI~t Book 1. Page 37, Public: Records olPlIlm Be::Jch County, Florida., sa.id lat1d
bl!:jng more particularly described as follows:
Commencing at the Southe3St comer of Lor. 25. of the abov~ mentioned Plat Dc\VC)'s Subdivision;
thence' wiLha bc:uing olNonh 0100S-.50" Wesr..a1ong Ihe E:lSt line atl..Qt2S,.adi.=l1t:eof4S.01 f.e~~
to the Nonh right-of-way line ofBoynlon Bexh B[vd,.and the Point of Beginning; thence witb a
bearing of North 8!r'SO'rr West, alODg the North righl..of-way line ofBaynton B~cl1 Blvd.. said
line. lying 45.00 feet North 01 me South line ofLoI2.S, a distance 0(291.15 fcellO a point; 1heQ~c
with a bc::uing ofNortb 00-:5.9"45'" Wcst, along the ~t righl.of-~y line ofFe4C'Gl1 HishwaYr 2
distanr;., of 596.9-7 feel to a point on th1: North line ofLol 24; thel\C~ witb a.'bearing ~f South
8~46'04" East,. along the Nonb line: ofL()t 24. a distance 0.(231-58 feet to a ~jnt; th~neb. with.t
bearing of SOUth. Ol~'50" East. along a line 8.00 feel West oflhe East line ofLol24, 98.03 feel to
a point; thence Solllh 89~4S'04. E:)Sl, a dislance of 8.00 feet 10 a poinr on tbe Wesr line afLet 24;
thence with a bearing of South OlOOUS.,SD" East. alons the East line ofLofS 24;\lid 25. a distance or
498.62 feet to the PDint ofBc:ginning.
COMPARISON OF IMPACTS
Pursuant to Section II, Section (g) of the Land Use Amendment/Rezoning Application, the
Applicant submits this Comparison of Impacts in support thereof.
A comparison of the existing zoning with the proposed zoning as to (i) existing potential
square footage and (ii) number and type of dwelling units is not pertinent to the issue at hand since
the current zoning does not permit the type of project being proposed. The important issue is that
the proposed zoning as more particularly set forth in the Justification Statement is consistent with
the purpose and intent of Ordinance No. 02-024 to create mixed use high intensity developments.
The project consists of 317 residential condominium units, a hotel of 38 units,.!. 21,400 square feet
of retail, restaurant and office uses and a parking garage. It is not anticipated that the project will
be phased. The proposed timing is to commence construction the first quarter of 2005 which will
last approximately 24 months.
A comparison of the traffic impacts under the current and proposed zoning is more fully set
fort in the Traffic Impact Analysis submitted with this Application. The project is located in Palm
Beach County's Coastal Residential Exception Area. Based on the traffic impact analysis prepared
for the entire site, the proposed development meets the provisions of the Palm Beach County Traffic
Performance Standards.
A comparison of the water and sewer impacts under the existing zoning with those under
the proposed zoning reflects the potential for an increase in needs for the
commercial/retail/restaurant uses. There currently exists under the present zoning
commercial/retail/restaurant development totaling approximately 46,650 square feet. The proposed
mixed-use development will have a total of approximately 21,400 square feet of
commercial/retail/restaurant, of which 2,500 square feet is projected to be utilized for restaurant
operations. The existing water demand is 10,266 gallons per day and the proposed water demand
is 88,940 gallons per day. Please see the attached letter from the engineer for further information.
With regard to the projected job creation, under the current and proposed zoning, the
projected jobs will increase above what currently exist. Although the applicant has not done specific
studies, we project up to 180 employees. We believe the number of jobs will increase due to the
increase square footage dedicated to the hotel that require a higher number of employees to operate
than a retail use.
The projected population for the residential portion ofthe Project under the proposed zoning
will increase substantially. There will be 317 new residential units of which 22 will be one (1)
bedroom 236 two (2) bedrooms and 59 three (3) bedrooms. Based on the assumption that the
population of the one (1) bedroom units will be 1.5 people each (33) and the two (2) and three (3)
bedroom units will be two people each (590), the projected population under the new zoning will be
(623) persons.
O:\BWIA002\Comparison of Impacts.wpd
CAULFIELD & WHEELER, INC.
Consulting Engineers - Planners - Surveyors
To: City of Boynton Beach
From: John F. Wheeler, P.E. - Caulfield & Wheeler. Inc.
Subject: Promenade at Riverwalk - Bovnton Beach Blvd. & Federal Hwv.
Project No. - #4626
Date: April 27. 2004
We have determined the following water and sewer flows for the existing and
proposed projects located at the northeast comer of Boynton Beach Blvd. and Federal
Highway:
Existin2 ShoDDin2 Plaza Flows:
Restaurant - 2,250 sf - 100 seats x 40 gpd/seat =
Lounge- 1,750 sf 100 seats x 20 gpd/seat =
Retail- 42,659 sf - 42,659 x 0.1 gpd/sf=
Total existing water and sewer flows =
. I
4,000 gpd
2,000 gpd
4.266 gpd
10,266 gal./day
"' .'
.... .~
\ ""....j ~1
I : j... / ,,:""
ProDosed Promenade at Riverwalk Flows:
Multi-family residential units - 317 units x 250 gpd/unit =
Hotel units - 38 units x 100 gpd/unit =
Restaurant - 2,250 sf 100 seats x 40 gpd/seat =
Retail- 18,900 sf 18,900 sfx 0.1 gpd/sf=
Total proposed water and sewer flows =
79,250 gpdt (, <,' /
.". "
3,800 gpd . /-
4,000 gpd ..".....;J ,)
1.890 gpd
88,940 gal/day (61 I :::::~: -
Please call with any questions.
Submitted By:
ee , P.E.
essional Engineer No. 25478
Florida
I,
! ..
7301-A West Palmetto Park Road - Suite 100A
Boca Raton, Florida 33433
561-392-1991
. Fax: 561 - 750-1452
Engineering # EB-0003591
Surveying # LB-0003591
Landscape Architecture # LC-0000318
Justification
The intent and purpose of the Mixed Use Zoning Districts as set forth by the City is to
allow for a diversity of land uses and accommodate and encourage a mixture of residential,
office, retail, recreational, and other miscellaneous uses along the Federal Highway Corridor
Redevelopment area. The stated objectives of the Mixed Use Zoning Districts are to support and
enhance the revitalization efforts in the City's traditional commercial core areas, create major
new residential and mixed use areas in planned locations with appropriate densities, heights and
mixture of uses; create optimal pedestrian environments; allow flexibility in architectural design
and building mass while maximizing compatibility and harmony with adjoining development
within the redevelopment area and creating higher quality environments for residents,
businesses, employees and visitors. The Mixed Use Zoning Districts were applied by the City to
only selected areas. The areas selected were applied where a mixture of uses and building
densities would carry out elements of the City's redevelopment plans and Comprehensive Plan.
The criteria used to review rezonings are listed in the Land Development Regulations of
the City of Boynton Beach, Florida. Based on the foregoing intent and objectives of the City of
Boynton Beach, the subject property is more suitable for development under the proposed
zoning. The following criteria and analysis clearly establishes that the requested rezoning
should be approved:
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in dwelling
unit density exceeding 50 in the hurricane evacuation zone without written approval
of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is consistent with the applicable Comprehensive Plan objectives,
goals and policies attached to this Justification. The subject property is located in the
hurricane evacuation zone and an approval from the County and City is anticipated. The
requested zoning provides greater intensity and flexibility for development than the current
zoning does. The Mixed Use-High Intensity zoning district was adopted in response to
directions in the "Federal Highway Corridor Community Redevelopment Plan" ("Plan'?
adopted May 15, 2001 and is consistent with the recommendations of that study, as further
detailed in this Justification.
b. Whether the proposed rezoning 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.
The proposed rezoning will not create an isolated district and would relate to other properties
in the downtown area that are currentlyorwill be a part of the revitalization of the area. The
proposed rezoning will not be contrary to the established land use pattern. Additionally, it will
1
not constitute a grant of special privilege to an individual property owner as contrasted with
the protection of the public welfare. In fact, similar situated properties have received the
rezon i ng bei ng req uested. They border the property which has previously been establ ished
as part of the area selected to received Mixed Use/High- Intensity Zoning.
c. Whether change or changing conditions make the proposed rezoning desirable;
The addition of the Mixed Use/High-Intensity zoning district provides greater options for
development and redevelopment in the downtown area than is possible with the CBD
Central Business Districtzoning. The flexibility includes additional density, building height,
and setback requirements. The addition of 317 households in the downtown will increase
the tax base for the City, provide a year-round customer and employment base for
downtown commercial businesses which will be a contribution to the long-term revitalization
of the downtown in the City, and will enhance property values by creating a demand for
goods and services. Therefore, this rezoning and the resulting development would move the
city a step closer to realization of its expressed vision of an urban downtown environment.
The changing conditions within the City of Boynton Beach as set forth in the Plan and Mixed
Use/High-Intensity zoning district created by the City make the proposed rezoning desirable.
Similar projects have been recently approved neighboring this property making this zoning
more desirable at this time.
d. Whether the proposed use would be compatible with utility systems, roadways and
other public facilities; and
The proposed rezoning will be compatible with utility systems, roadways and other public
facilities by utilizing existing infrastructure capacity.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
The proposed rezoning would be compatible with the current and future use of adjacent and
nearby properties. The development will have an extremely positive impact on the property
values of adjacent and nearby properties for example, by providing a demand for goods and
services. The proposed rezoning will also stimulate redevelopment of adjacent and nearby
properties in accordance with the objectives of the City of Boynton Beach.
f. Whether the property is physically and economically developable under the existing
zoning.
Due to the limitations found in the CBD Central Business District zoning regulations, the
resulting redevelopment would be inconsistent with the vision for the core of the City as
expressed in the Plan, the property is currently developed with older structures and
underutilized development based on current property costs within the area. The current
development is within the area specifically designated for redevelopment. If the existing
structures and businesses were removed, it would not be physically and economically
developable under the existing zoning.
2
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed rezoning is of a scale that is reasonably related to the needs of the
neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed
development to the needs of the neighborhood and the City include service demands,
density, use, value and consistency with Comprehensive Plan policies and redevelopment
plans. The project is consistent with the Comprehensive Plan and the Plan. Ample capacity
exists to meet the service needs generated by the proposed project, and it will serve to
provide an economic contribution to both the neighborhood and the City.
h. Whether there are adequate sites elsewhere in the City for the proposed use, in
districts where such use is already allowed.
Without this rezoning, there would not be enough land to create the critical mass necessary
for the redevelopment envisioned for the City's downtown. The addition of this property was
specifically targeted in the Plan for the type of development being proposed and as such, it
will provide a valuable contribution to both the physical and economic revitalization of the
City. There are no adequate sites elsewhere in the city for the proposed use since there
are no other districts where such use is already allowed. This zoning classification is the
only one in the City where a development such as this can be developed.
The Plan also provides recommendations for projects and programs, including amendments
to the zoning code, to be undertaken by the City to create a catalyst for desired development
and redevelopment in the corridor generally, and in the downtown core specifically. It
indicates that there are a variety of challenges and opportunities for development and
redevelopment, but that the core downtown area continues to be the central focus of the
corridor and should feature the highest level of development to establish its importance. The
Plan specifically suggested the following:
o A waterfront public park/speciality retail/residential project that occupies the
northeast comer ofthe Boynton Beach Boulevard and Federal Highway intersection,
replacing the existing strip shopping center; and
o A hotel project that would overlook the waterfront amenities. both the marina and the
mangrove parks.
The Plan indicates that projects are needed which would bring population into the downtown
area to support the desired retail and restaurants. The hotel would serve a similar purpose,
as well as capture the City's share of the tourism industry.
The Boynton Beach 20/20 Redevelopment Plan that was completed in 1998 also envisioned
a waterfront plaza and overall redevelopment of the northeast corner of Boynton Beach
Boulevard and Federal Highway intersection.
In order to establish a compactness and critical mass of development and population to
establish the downtown as a destination area, and to ensure its success and long term
viability, the following are needed according to the Plan:
3
o Establish a focal point
o Encourage mixed use development
o Create a destination atmosphere. Destination types of uses include, for
example, personal services, specialty retail, offices, full service restaurants and
residential uses.
o Require urban form. Create development standards in the downtown that require
intensity, bulk and building massing to establish the downtown area as a focal point.
Building height at heights greater than that allowed in the surrounding areas should
be encouraged.
This project carries out these goals and to do so requires rezoning.
The Plan realized that creative, well-planned development will be able to provide additional
residential units that will contribute positively to a vibrant and successful downtown. The
following goals, objectives and policies are included in the Plan:
GOAL 1: The Community Redevelopment Agency will undertake programs and projects
to established a unique identity for the Federal Highway Corridor Redevelopment Area.
Policv 1.1 E: Create an environment that encourages a variety of full time activity in the
downtown.
Policy 1.2A: Create zoning and land development regulations that allow for the greatest
building height and diversity of mixed uses in the downtown.
Policy 1.2B: Create zoning and land development regulations for communities adjacent
to the downtown that allow for a height and mix of uses that provides a transition into the downtown.
GOAL 2: The Community Redevelopment Agency shall foster economic growth and
redevelopment within the Redevelopment Area.
Obiective 2.1: Provides incentives for development and redevelopment.
Obiective 2.2: Maximize economic value of development and redevelopment
Policy 2.2A: Development and redevelopment projects that provide for increased
employment opportunities for residents shall be encouraged.
Moreover, the attached goals, objectives and policies ofthe Comprehensive Plan of the City
of Boynton Beach support this rezoning.
Only this rezoning could forward those goals and objectives as mentioned above.
Accordingly, this rezoning is justified.
4
Goal]
Objective 1.9
Policy 1.9.2
Policy 1.9.3
City of Boynton Beach
Future Land Use Element
Goals, Objectives, and Policies
Provide a range of land uses which accommodate a full range of services, and
activities, and housing types, while minimizing land use conflicts, maintaining
the character of the community, ensuring adequate public facilities, and
minimizing adverse impacts on natural resources.
The City shall eliminate blighted residential neighborhoods and business
districts through the adoption and implementation of Community
Redevelopment Plans including the Boynton Beach 20/20 Redevelopment
Master Plan and the Coastal Management Element to guide development
and redevelopment along the Boynton Beach Boulevard and Ocean
Avenue corridors, within the commercial and residential Community
Redevelopment Areas, and within the vicinity of U.S. 1 and Martin
Luther King Boulevard.
The City shall implement the Boynton Beach 20/20 Redevelopment Master
Plan by revising City regulations and codes, the Comprehensive Plan
including amendments to the Future Land Use Map and the addition of new
policies, the Community Redevelopment Plan, and all plans and cruidelines
specific to areas impacted by the Boynton Beach 20/20 Rede;elopment
Master Plan. Revisions to these documents should include changes which
either include appropriate consolidations of plans affecting similar areas, or
changes which increase the consistency between these plans and regulations.
The City shall implement the current expanded Commum.'ty R d 1
Are . t . h e eve opment
Bea~h c;~/s210S eRntdwltl the ProM posed area delineated in the adopted Boynton
e eve opment aster Plan.
Policy 1.9.5
Policy 1.13.2
Policy 1.13.3
Policy 1.13.4
The City, by ~\.J02, shall conduct studies and/or prepare'redevelopment plans
for areas designated by the Primary Target Areas Overlay. The plans shall, in
part, implement or further the adopted Boynton Beach 20/20 Redevelopment
Master Plan with use provisions, development standards and design criteria
which may address public improvements, infrastructure, building placement,
architectural character, streetscape, signage, landmark opportunities and
unifying design concepts. Implementation mechanisms may include, but are
not limited to, adoption of overlays in the land development regulations,
amendments to land development regulations, andlor through rezoning to new
or existing districts.
The Primary Target Areas which shall be studied include but are not
necessarily limited to:
· Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1;
· U.S. 1 from north to south city limits,
· Boynton Beach Boulevard from U.S.l to 1-95;
The City shall initiate an evaluation of the current regulations and incorporate
development recommendations. contained in the Boynton Beach 20/20
Redevelopment Master Plan.
The City shall continue to encourage infill development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Master
Plan, and the policies contained in the Coastal Management Element.
The City shall further discourage urban sprawl;
A. Prevent the presence or frequency of the primary indicators of urban
sprawl through continuous promotion of compact developments within
the City's urban service areas, while requiring the maximization of all
public services for each development in the most cost effective manner
possible; and
B. Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature and demonstrate the
ability to attract and encourage a functional mix of uses.
Objective 1.15 The City snaIl encourage planned developmeh't projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects in locations which are appropriate, and utilize other
innovative methods of regulating land development.
Policy 1.17.5
Objective 1.19
Policy 1.22.4
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices, commercial uses to ultimately increase tax base, employment
opportunities, recreation and open space opportunities, and public uses
including school sites for both existing and projected populations,
provided that all other comprehensive plan policies are complied with.
In the City's downtown areas the following standards are to be emphasized:
1. Mixed-use buildings are appropriate;
2. Height of buildings to be consistent with the City of Boynton Beach
Vision 20/20 Redevelopment Plan;
3. Density should be higher at the center and radiate out into edges with
lower density;
4. Streets should be pedestrian-friendly and safe, not totally designed for the
automobile.
Objective 6.1 . .
City oi Boynton Beach
.,
Housing Element
Goals, Objectives and Policies
Assist the private sector to provide new dwelling units of. various
types, sizes, and costs by the year 2015, in order to meet the housing
needs of the existing and anticipated populations of the City.