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APPLICATION PROJECT NAME: Deli"ferance by Faith LOCATION: PCN: 08-43-45-21-04-000-0020 I FILE NO.: CODS 06-006 ***** II TYPE OF APPLICATION: I AGENTICONT ACT PERSON: OWNER: Glenn Lyons Michael E. Sipula ADDRESS: 2190 NE 1st Lane JMS Architecture Design, Inc. Boynton Beach, FL 33435 ADDRESS: 10800 N. Military Trail FAX: #211 Palm Beach Gardens, FL 33410 PHONE: 737-5959 436-8554 FAX: 561-745-1707 PHONE: 561-745-2120 E-mail: designfl@aol.com SUBMITT AL I RESUBMITT AL 2/1/06 1 ST REVIEW COMMENTS DUE: 2/23/06 PUBLIC lIP ARC NOTICE: 4/1/06 TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 4/11/06 AGENCY BOARD CITY COMMISSION MEETING: 5/2/06 COMMENTS: ***** also New Site Plan S:\Planning\SHARED\WP\PROJECTS\Deliverance by Faith\NWSP 06-013\2006 PROJECT TRACKING INFO.doc .. City Codes Accessed via Website www.bovnton-beach.org www.amlegal.comlbovnton beach fl Has applicant attended a pre-application meeting? _ _Date: O? -'l'8 .(:>{o CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION CONDITIONAL USE APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Division (two (2) copies of application required). PROJECT NAME: _Of..u,\Jr:~~<..E. ~'f t~vtrt ~'-l~~ 1..,(..... \ Cl-\ \l.O 0..-4:- AGENT'S NAME: ~N.7 ~"H1\t.-'.-1~ 1>~<-\.U · \J\l-'-~KW=...t..- E.. Sl-('v...1.-I\. ADDRESS: \ 6l0~ lc;~ M'i. tJ.. 'Y~ 'Pw. ~ I fL ~'5<HCO PHONE: (7Ce\ ') 145.2.1 '2.0 ~ FAX: OWNER'S NAME: P€.-L\V ~ u::. t7'\ (or trustee) ADDRESS: \ \ l ~_c. lO~ PHONE: S(q\ ~ =l:~:{ - ~~~<-) FAX: ~/'" PROJECT LOCATION: \J~~, tfU>~lLt..-'\i c;;~C) 145" - \1o-=l ~A\ t'\--\ ......~ ~. oj 6..v tf.. L \\\, L... ~ ts<..UC> "0 Bo'fvJ"CO t;L\-l; ~L ~t4U- , tA?( l ' \00 Of U) ~> '\ l Die ~F- Lo"'( 1. (not legal description) PCN NUMBER: O~ -~. 4-S" . 2{ ~o4 - 000 ~ OOW CORRESPONDENCE ADDRESS: * "7~ ~V\ (if different than agent or owner) *This is the only address to which all agendas, letters and other materials will be forwarded. Date Submitted: O~. 2.~. 010 Applicant's Name: tJ\\v\-\~ f- S'~rV\.L.-~ ~\1:~J' JlA.7 ~~\ \\L-c...\~IU\L- Dt:.~t~1\J Applicant's Address: tLRl{)~ \~~ lWli:. t-t .p ~ b~k..t-t G.,tl.-4~ fl ~? 4- l '6 Phone: -7Ce l - 14-5" ~ 2 \ l..D Fax: 7Ct1l - '14'S- - n 01 Legal Description: l \EA.":> '\ 'c::O o~ \c6 ~ !i:.n.,--( (]JCUh I ~EL-';.' loCo S,^b<;>L\Jl.~ \01"\ ot: Lot 1- fL~"t Poo~ \l ~~ Project Description: ~\ ~ Gt-tL..L~ ~~<-.IA.1 ~~\I u.) l"t ~ ~ C\-\\GD GPc~ 7~\Jl4:.. ~~~#~~ Owner Signature ffillO L l~ I Agent Signature The Owner has hereby designated the above-signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) .1.\\1 AI~t~HITI~t~TIIIMI~ Itl~Slt,l, Ilt~. 16106 75th Avenue North * Palm Beach Gardens, Florida 33418 tel.: 561-745-2120 fax.: 561-745-1707 email: designf1@aol.com AJ\0002281 }UROOII026 March 30, 2006 To: City of Boynton Beach Planning And Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Ref.: Conditional Use Application - "Statement Of Satisfactory Provisions" Deliverance By Faith Church (project #02010) Portion Of Lot 2 N.E. 1 Oth Avenue (M.L.K. Overlay Zone) Boynton Beach, Florida (File Number NWSP 06-013 & COUS 06-006) Ladies and Gentleman, The following is a written "Statement Of Satisfactory Provisions" has been made concerning the following standards for the submitted site plan request for "Conditional Use" approval: 1. Ingress & egress to the subject property and proposed structures, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe has been provided for in the site plan design. 2. Off-street parking and loading areas have been designed to accommodate the items as listed in item (1) above and the economic, glare, noise and odor effects the conditional use will have on adjacent and near by properties, and city as whole are non impacting by the proposed site plan design. 3. Refuse and service area have been designed into the site plan so as to accommodate items (1) and (2) above. 4. Utilities with reference to location, availability and compatibility have been complied with in the subject site plan design. 5. Screening, buffering and landscaping with reference to type, dimension and character have been designed to comply with city standards in the proposed site plan design. 6. Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties has been provided for in the site plan design. 7. Required setbacks and other open spaces have been met in the proposed site plan design. 8. General compatibility with adjacent properties, and other property in the zoning district has been provided for in the proposed site plan design. 9. Height of building and structure, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole has been provided for in the proposed site plan design. 10. Economic effects on adjacent and nearby properties, and the city as a whole will not be adversely effected by the proposed site plan design. 11. Conformance to the standards and requirements which apply to the proposed site plan, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations has been provided for. 12. Compliance with, and abatement of nuisance and hazard in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances has been provided for in the proposed site plan design. 13. This Item not applicable to this application If there are any further questions or concerns please feel free to call us at (561)745-2120 so that we may help in the "Conditional Use" approval process. Mlol LV Michael E. Sipula, Architect I. GENERAL INFORMATION a. All property owners located within (400) four hundred feet surrounding the subject parcel shall be notified. b. The ownership of all surrounding properties as submitted by the applicant, shall be reviewed by the City Clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing held in conjunction with the conditional use application. c. Notice of the public hearing shall also be advertised in a newspaper published in the City at least ten (10) days in advance of the hearing. d. At the public hearing held by the Planning and Development Board and Community Redevelopment Agency Board (CRA), evidence for or against may be presented. e. The Planning and Development Board or CRA may recommend, approval with modification or denial of the application subject to the standards provided in Ordinance No. 76-46. A written report of the Board's findings shall be forwarded to the City Commission. f. At a regular meeting, the City Commission may approve, approve with modification or deny the application subject to the standards provided in Ordinance No. 76-46. g. Each new application for conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach as per the fee schedule, as well as addressed envelopes for property owners to be notified. h. Each application for an extension in time of a conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty- five ($125) dollars. Such application shall be submitted to the Planning Director not less than 45 days prior to the expiration of the approval. 1. Representative of the proiect must be present at all Technical Review Committee. Planning and Development Board. or CRA. and City Commission Meetings held to review this proiect. II. CONTENTS OF THE CONDITIONAL USE APPLICATION Application for conditional use shall contain two (2) copies of the following items: a. Statement of the applicant's interest in the property to be developed, including a copy of the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and: 1. If joint and several ownership, a written consent to the development proposal by all owners of record, or 2. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or 3. If an authorized agent, a copy of the agency agreement and written consent of the principaVowner, or 4. If a lessee, a copy of the lease agreement and written consent of the owner, or, 5. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have 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. b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-hundredth (1/100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec. III.19.). c. Vicinity map, showing the location of the subject property in relation to the surrounding street system. d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the subject parcel, and a complete list of the property owners' names, mailing addresses and legal descriptions. The owners of property shall be those recorded on the latest official County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County, Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL. III. SITE PLAN REQUIREMENTS Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be shown on the submitted plans or where applicable, separately submitted. Incomplete site plans will not be processed. (Please check) if 1. Boundaries and dimensions of the parcel. / / 2. Scale, graphic scale, north arrow, and date. 3. Adjacent properties or land uses. ./ 4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (100) feet of the site. Also, names of adjacent streets and rights-of-way. ./ 5. Location of all proposed structures, and any existing structures that are to remain on the site. ./ 6. Setbacks of all structures (over 3 ft. in height) from property lines. ./ )V~ ..; .; ./ I I / ..( I / / ./ ./ / ./ 7. Use of each structure, indicated on the site plan. 8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential structure, to be indicated on site plan. 9. Indication of height and number of stories of each structure. 10. Indication of structures, equipment, etc., above 45 foot height, including height in excess of 45 ft. 11. Floor plans or typical floor plans for all structures. 12. Finish floor elevations of all structure. 13. Uses within each structure, indicated on floor plans. 14. Elevations or typical elevations of all structures; including materials, surfaces, including roofs. 15. Indication of the numbers and types of recreational facilities to be provided for residential developments. 16. Indication on site plan of location, orientation, and height of all freestanding signs and wall signs. 17. Location of walls and fences, and indication of their height, materials, and color. 18. A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showing adequate watering facilities. Plants must be keyed out according to species, size and quantity. 19. A sealed survey, by a surveyor registered in the State of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, existing structures and paving, existing elevations on site, rights- of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description, acreage to the nearest one-hundredth (1/100) of an acre, location sketch, and surveyor's certification. Also, sizes and locations of existing trees and shrubs, including common and botanical names, and indication as to which are to be retained, removed, and relocated, or replaced. 20. Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey. Also, location of existing fire hydrants on or adjacent to the site. 21. Location of additional fire hydrants, to meet standards set forth in Article X, Section 16 of the Subdivision and Platting Regulations. 22. Fire flow calculations justifying line size for both on/off site water lines. ./ j ../ I 23. Sealed engineering drawings for proposed utilities, as per City specifications. 24. Information regarding form of ownership (condominium, fee simple, lease, etc.). 25. Location and orientation of garbage cans or dumpster facilities. All garbage dumpsters must be so located to provide direct access for the City front-endloaders, and the dumpster area must be provided with adequate width and height clearance. The site must be so designed to eliminate the necessity for the front-end loader to back into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot (10' x 10') concrete slab shall be provided. All dumpsters must be screened and landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A minimum 10-foot wide opening is required for dumpster enclosures. 26. A parking lot design and construction plan showing conformance to the City Parking Lot Regulations, and including the following information. Any exceptions to the Parking Lot Regulations that are proposed for that are continued will require an application for variance to the Parking Lot Regulations. a. Location of all parking and loading facilities. b. A parking lot layout plan, including curbs, car stops, and double striping. c. A cross-section of materials to be used in the construction of the parking lot. d. A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to include the location of lighting standards, direction of lighting, fixture types, lamp types and sizes, and average illumination level(s) in foot candles. e. Information showing conformance with the City Street and Sidewalk Ordinance, including construction of sidewalks along adjacent public streets. f. Location of existing and proposed public and private streets, including ultimate rights-of-way. g. On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits. h. Location of handicap parking spaces, plus signs and access ramps, consistent with the State Handicap Code. 1. A drainage plan for the entire site, including parking area; to include finish grade and pavement elevations, drainage calculations, and details of the drainage system. If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be prepared by an engineer registered in the State of Florida, and must be sealed. Percolation tests must by provided with drainage calculations. J. Existing elevations on adjacent properties, and on adjacent rights-of-way. ./ 27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmentally 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 site plan to the City. / 28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of the analysis shall be submitted with all conditional use applications. NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of the site plan application. J 29. In addition to the above requirements, the following items shall be submitted to the Planning and Zoning Division no later than the site plan deadline: a. One copy of colored elevations, not mounted, for all buildings and signage to be constructed on site. These elevations must be of all sides of each type of building and signage proposed and the colors proposed must be accompanied by a numerical code from an established chart of colors. b. Elevations must also include information related to building materials. All elevations must be submitted on 24" x 36" drawings. Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City Commission. Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld. c. A transparency of the site plan (maximum size of 8-112" x 11 ") or 8-112" x 11" reductions of submitted plans to be used at public hearings. However, the Planning and Zoning Division will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and Development Board or CRA and City Commission. d. Colored photographs of surrounding buildings (minimum size 8" x 10"). V 30. Any other engineering and/or technical data, as may be required by the Technical Review Committee to determine compliance with the provisions of the City's Code of Ordinances. Any of the above requirements may be waived by the Technical Review Committee, if such information is deemed to be non-essential by the Committee. IV SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Cateeorv shown on the Comprehensive Plan Future Land Use Map: 0b c.., c>.1"... ~\=t...:t 0.. H.. Go MW'-i..,.'t....l.ll dA... ( l..IR-c. ') 2. Zoning District" G '2.. II ~"\.(.,,\.JtI.DC:>I'L).-\,~t) ~""W',\,~~ t:>~ "'\n.A<...' (Ml.~ OIJE.,{U..",'1 (\nile:.) 3. Area of Site '2'f1. ~ ~ ~ , ( o. ~~ ~~ ') 4. Land Use - Acreaee Breakdown: a. Residential, including \J'~ site surrounding lot area or grounds acres o %of b. Recreation Areas * (excluding water area) \J~ acres o % of site c. Water Area tJA. acres o % of site t.~~11...\Ao.II&>I d. Commercial 4", c..\Jl'-\.~ ..:>/ t>~'f ~ acres ~ % of site e. Industrial ~~ I-J/l.... acres u % of site f. Public/Institutional acres o % of site g. Public, Private, and Canal Rights-of-Way ~ acres 1fc L.j-I.,,^~ ~ ~ ":>'-I.\..~~ h. Other (specify) \)6..'( ~ Cj/2.S0 '7t- acres o % of site \ e 10 % of site 1. Total area of Site -Z-t6 ~~ I 7C - (~~ acres 100% of site Including open space suitable for outdoor recreation. and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover .'. ~I.\n.q-\ ~ }S ~SJ '> \"1, \"1.. .~. ft. \ ~'\ \"" C(.+'l>.'no~~\) <; '2. S 0 s\"- \€>it:. % of site Area a. Ground Floor Building l)A\I G~~ ~ ("building footprint") ~n-K ~ ; b. Water Area f',.j~ sq. ft. {) % of site c. Other Impervious Areas, including paved area of public & private streets, paved area of parking lots and driveways (excluding landscaped areas)and sidewalks, patios, decks, and athletic courts sq. ft. % ~of site. d. Total Impervious Area \0) ,'" '0;) sq. ft. ~ cat:; % of site e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec. 7.5- 35(g) of Landscape Code). ~.O\~ sq.ft -:,\.':) % of site f. Other Landscaped Areas, excluding Water Area o sq. ft. <5 % of site g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding Water Areas a sq. ft. 0 % of site h. Total Pervious Areas 9 O() ~~(qq~ sq. ft. ?LS" % of site 1. Total Area of Site sq. ft. 100% of site 6. Floor Area ~~ sq. ft. ~A.. sq. ft. (01\. sq. ft. iJ~ sq. ft. r\) '\ sq. ft. ~ S31) sq. ft. \1 \"L sq. ft. sq. ft. a. Residential b. CommerciaVOffice c. IndustriaVVVarehouse d. Recreational e. Public/Institutional f. ~Other (specify) CJ-\~(lA-~ g. ~Other (specify) bt... ~ G~ h. Total Floor Area Number of Residential Dwelling Units 7. a. Single-Family Residential rJl'!.. dwelling units b. Duplex dwelling units c. Multi-family (3 + attached dwelling units 1) Efficiency dwelling units 2) 1 Bedroom dwelling units 3) 2 Bedroom dwelling units 4) 3+ Bedroom dwelling units d. Total Multi-Family dwelling units e. Total Number of Dwelling Units 8. Gross Densitv PI\ dwelling units per acre 9. Maximum Hei!!ht of Structures on Site 2. ~\ - \0" feet YOtJ>l€.-t- Cf $A~,U\~"-"t (\) stories 10. ReQuired Off-Street Parkin!! Calculation of Required Parking Spaces Off-Street Parking Spaces Number of Off-Street Parking Spaces Provided on Site Plan co l'L"5o Sy lOTA:\..- 2'1 ua. 1:1 Q.EQ -; :;) f~\l\ ~f.) ~1lA\ floo /1- (Ml..t-- O\:~A') . RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. ACKNOWLEDGED AND AGREED TO this To the City Clerk - City Of Boynton Beach AFFIDAVIT RE: Property Address: ""'(.4."'< ~b l..OT '2.- i-o ~"'( "-=>Ei.lJ..> ~\.\,),~~u~ VB> I \ f>~ \.;.~ Project Name : I>~l.-l\)o:.~.c:. ."\ F6o\"t'\i ~""~ File #: KwSf 0(9...Q\3> 1 c.o,-,? o(g..~ I/We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached are photographs of the signs showing their placement on the property. t\1fiD~CQ Applicant! Agent Notary Public, State ofFlorida Cc: Planning & Zoning Department STATE OF FLORIDA COUNTY OF PALM BEACH The foregoin instrument was acknowledged before me on ( ate)~ lp by _ __ who Is ~rsq~lIy ~~ tomeORWho~h pr c~~D.9-t~~83-6 as identificatie . ...;. ( ) (Seal) .!4A () _ 0 Signature of Notary Public - State of Florida G) CHRISTINE CONKLIN ~ MY COMMISSION # DO 467315 EXPIRES: September 10, 2009 1-8Q0.3.NOT ARY Fl NOlory Discount Assoc. Co. 13 City of Boynton Beach Building Division RESIDENTIAL & COMMERCIAL PROPOSED BUILDING PROJECTS Name of Project: "9~U\)~e.)<'~ (6'1 fA\"(~ ~~ i\ " Type of Project (Residential/Commercial): L.o",-.c~:e.... \: ~\A.~ l ~ ~ Description (town homes, condos, single-family, etc.) ~~ (office, retail, warehouse, restaurant, office, etc.) ~ \ b,.,..~ Number of Dwelling UnitslBays J..)~ \ valuation:~ (,vOOOI'O Number of Buildings (estimated) Square footage: ~'2. S" 0 Building Permit Application Submittal Prior to October 1,200(,.? (Yes or No)_ Proposed Construction Start Date J ""\1 ~ , ~ NameofAgent:_~\~ t-. S'f~(IO. J~ ~1~.....w- ~\.~ Address: \ ~ \ O~ \~ ~~ L). ,. City/State/Zip Code: ~ l\.v\v- ~c..~ ~(A,V'~ t.-l 314 t~ Phone: s<#\. 1 ~...1..\ l..JO (cell) ~\ )ll --~LO") Name of Owner: OC'-'\)C.~~lL ~~ t-M\Y"\ <i1"'C.L1 ~ ~.....~ ~ L\jo....) Address: \ \ \ tJ~ P ""- City/State/Zip Code: \,o~ w\"O\toJ ~ q.-\ Phone: )y\ ..,,1 ,S~C:;~ Avt ft ~~cr'~ (cell) ~\. 4;l,. <[;~S~ 14 NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use ofland. * Applications for development orders and permits submitted after February 1, 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior 15 to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DR!. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that these exemption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at (561) 742-6260) Section 11.2. Conditional uses. A. SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in this section shall apply. B. DEFINITION. A conditional use is a use that would not be appropriate generally, or without restriction, throughout a zoning classifIcation or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city. Such uses may be allowed in a zoning classification or district as a conditional use if specifIc provision for such a conditional use is made in these zoning regulations. C. PROCEDURES. Any person, fIrm or corporation owning property within the City of Boynton Beach, desiring to obtain a conditional use, shall proceed in the following manner: 1. The owner shall submit an application to the planning director, on forms prescribed by the director. Designation of a person other than the owner to sign the application shall be in writing and attached to the application. Each application shall be accompanied by a fee as adopted by resolution of the City Commission payable to the City of Boynton Beach, Florida. 2. The planning director shall then refer the application to the Planning and Development board for a public hearing in accordance with the following: a. The owners of all property located four hundred (400) feet surrounding the subject parcel shall be notified. b. The ownership of all the surrounding properties as submitted by the applicant, shall be reviewed by the City Clerk per City Ordinance 04-007. Mailing shall be at least ten (10) days in advance of the public hearing so that owners may be represented in person, or by proxy. For notifIcation purposes, the owners of property shall be those recorded on the latest offIcial county tax rolls. c. Notice of the public hearing shall also be advertised in a newspaper published in this city at least ten (10) days in advance of the hearing. 16 3. After holding a public hearing and reviewing the application, the Planning and Development board, subject to the standards of subsection D below, may approve (with or without conditions and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. A written report of the board's fIndings shall be forwarded to the City Commission. 4. Upon receipt of any report and recommendation, the City Commission at a regular meeting shall review the application, and subject to the standards of subsection 0 below, may approve (with or without conditions and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. 5. After receiving approval from City Commission, the applicant may proceed to furnish the necessary information to the development department for obtaining building permits. The development department shall not issue a building permit unless such permit conforms in every respect to the conditional use as approved by City Commission. D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfIllment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written fIndings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fIre or catastrophe. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 0.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. 3. Refuse and service areas, with particular reference to the items in subsection D.l. and D.2. above. 4. Utilities, with reference to locations, availability, and compatibility. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. 7. Required setbacks and other open spaces. 8. General compatibility with adjacent properties, and other property in the zoning district. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. 10. Economic effects on adjacent and nearby properties, and the city as a whole. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. 17 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coeffIcients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES. 1. When the City Commission approves a conditional use, it shall establish a time limit within which a conditional use may be developed. In the event that the conditional use is not developed within said time limitation, it shall expire unless improvements representing twenty-five (25) percent of the total cost of all improvements to be used in developing a conditional use have been constructed on the property. 2. The City Commission may extend a conditional use approval in accordance with the standards set forth herein. If the City Commission does grant approval for an extension of a conditional use, it shall also set a time period for such extension, and in the event that development has not progressed to the extent specifIed in subsection E.l. above at the expiration of the time period, then the extension shall be deemed to have expired. However, an applicant may apply for more than one (1) extension of a conditional use. a. An application for an extension of a conditional use shall be submitted to the planning director on forms prescribed by the director not less than forty-fIve (45) days prior to its expiration. Each application for extension shall be accompanied by a fee as adopted by resolution of the City Commission, payable to the City of Boynton Beach, Florida. The planning director, upon receipt of a properly completed application, shall forward the same to the planning and development board which shall make a recommendation to the City Commission to either approve or deny the extension request. If the recommendation of the planning and development board is for approval, it shall also recommend a time period for the extension. b. In evaluating applications for extensions, the City Commission and planning and development board shall use the following standards: (1) Where there are substantial physical improvements on the land. Development approval for any extension is granted by the city only to enable an applicant to complete development and construction of a project as opposed to permitting a land speculator to retain an approval to more readily sell the land. Thus, consideration shall be given to applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to actually commence and complete construction of the project for which original approval was granted. In determining good faith, some factors to be considered are: The extent to which construction has commenced, when construction has occurred (construction which is commenced immediately preceding expiration generally indicating a lack of good faith), and the extent to which there has been a bona fIde continuous effort to develop but because of circumstances beyond the control of the applicant, it was not possible to meet the time limitation referred to in subsection E.I. above. (2) When the land has not been substantially physically improved or the applicant has not met the standards of E.2.b.(I) above. The application shall be evaluated in accordance with the criteria set forth in Section 11.20. which 18 relates to an original application to be considered under this subsection, the planning director may require the submission of such additional and current information as he may deem appropriate to evaluate the application. The additional and current information requested shall be of the same type as is required under Section 11.2F. for an original conditional use application. (3) When a conditional use expires and no extension has been approved. Any building permits outstanding with reference to such conditional use shall also expire, unless as to a particular permit, construction has commenced as defined in Chapter 5 of this Code. (Ord. No. 01-09, S 2,2-6-01). Rev. 10/16/01, 10/07/04 S,\Planning\SHARED\WP\FORMS\APPLlCATIONS\COUS\Revised Conditional Use app-lO-7-04.doc 19 err) [Ides Accessed Via Website V,IWW. bO,011011-beac]1.org www.amJcgal.comfboYllton_beacJl_fl.us CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR I '--..-- : ~, '. . -. ,j NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTI~G_S1lE-.Rli:AW-'. [ ~lR l? ' J Has applicant attended a pre~application meeting? \{r:.S ,Date 0\ -'2.4 -or:;; This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. L GENERAL INFORMATION 1. Project Name: P8 ...\Vr~'-J6t:. ts'\- ~\'Y\ C MU~Ls--1--\ 'tJG 2. Property Owner's (or Trustee's) Name: ~ \....t.U~) L~(')0S Address: z.~~O Ut I.~'" L.~C; . tso't\-0-cc.>i0 bc...-\" Phone: q~i--~~<;;~/4~~.tss;'i)4- Fax: PIty 1=-L- ~~Y (Zip Code) 3. Applicant's name (person or business entity in whose name this application is made): p\::.V\ \}~~~ '6~ t=-p.,\"l\-\ CMI.A..\'U.-\..-\ ~ Address: \ \ \ k)x~ \O~ ~ LM.\.,\<- ~.\.Jb) 601{).Y\O~ 1,'L\-\: 8-- -~3r (Zip Code) Phone: :t":) 1- - S~ S'~ Fax: ~/ "- If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): N\U:.-r\~ L S-?lA-L-f;.. C~ j jMS ~f:L-.u.-;;~TGUl~\- Pr,'7\"-D WL-. Address: \0000 1--\. \V\.\.\.Alp,.-(L-'i 1~\v !-'Z.\\ ?A--c\M- tdr\. 0.WLD 'fL ~>4lo (Zip Code) Phone: SU;\ - 14S . '2 \ '2..0 Fax: Sto\ -145- \101 5. . if no agent, then to applicant unless a substitute ~This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? ~buyer, lessee, builder, developer, contract purchaser, etc.) 7. Street address of location of site: \/AvAN,\ ?\'LO(J(.I'!-\"i: LOI.,2 Q..DI':>UC\ wCl.,.\.,,<;" 74~PIV\.::'\~I..:I( ru.,.\" 6>00\1;... l\ P.t>U€ ""I..,. 8. Property Control #(PCN) o~ 4~ 4S /~\ 04 oc:.c> 062.0 9. Legal description of site: Lo""( 7_\ ~\;St=c't'--\ (;J~_.t.)JS su,~r,)\0\':f:tO\,J, P\A-"\ -tJOD\L-- \\.. ~A-c..,\~. le.lo "~~u.'- (4:LOCi-DJ f-~.c. (;~-.)S ('\ b Q- "T \-k l() -0 0 < 'I{-t 5-lL C of-. 10. Intended use(s) of site: ~ v..\Lc\4; 11. Architect: JWLS ~lT\D--\v--Il-4"-\-\, bt.-S\c.D :t-10 c 12. Landscape Architect: r~n--. '1' A-u \.,\LTT~ ~)lc.., 0> CA-Mv.-D !.u(... 13. Site Planner: ,~ VV-. '::> ~-\ \"( CL.c:n^-"62-n \...... l){:'ol ~ ~ ~ L 14. Engineer: tc..o0 ~'2;.\C-,)J (.J.'l2..-0u....1D 15. Surveyor: TI..\Mo"[\J<"'t ~\\~ \_tl.-tJ\) Sv--t-<J"\Z-it;..J", tt0L 16. Traffic Engineer: \,^Tf> C{X2.0v...\D, +0C (\2.fi..('{)E.::( 1t;.fl- fl2E.. ~0 S""p..\?) 17. Has a site plan been previously approved by the City Commission for this property? ND II. SITE PLAN The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: ~U4\.... ~A-\G lo\M.Yv\.V~~ ~Q.L..i 2. Zoning District: '\C 'L I. ~ t:- ~I-\ ~OI?-l-l.CO'0 ~MVV\~\'Lr..-\"\.... '01.. >"C u-r: (M L.-lL. p'J.' ()J~ U4 ~>.lL J 3. Area of Site l.<O.~"S S'\: C Co.c,\., ~2- acres _ sq. ft. 4. Land Use -- Acreage Ijreakdown: p<u- CI-I~\-I; u.~ a. Residential, including 10{I'J... acres % of site surrounding lot area of grounds b. Recreation Areas ~. t0fA acres % of site (excluding water area) c. Water Area Nfl.\,. acres % of site d. Commercial ~ c \-I;. u.. u...Y-\ ( o:~s-(.,) acres \00 % of site e, Industrial ~/6. acres % of site f. Public/Institutional I0r~ acres % of site g. Public, Private and Canal rights-of-way ~[~ acres % of site h. Other (specify) CMu....~y....H acres % of site 2 i. Other (specify) 1-0 A- % of site acres J. Total area of site .c..~ (,lP1) acres [(X) % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 fL 5. Surface Cover 6. % of site a. Ground floor building (,-,)3~ ~ _ acres area ("building footprint") 2.LI~ . b. \.J !f':>-. % of site Water area acres c. Other impervious areas, including paved area of public & private sireets, paved area of parking lots 8.., rlrivPw;:Jvs (exclllrlina landscaped areas), and sidewalks, patios, decks, and athletic courts. QI.('cA- + t'"S"$"6 I) -:: \~ "2'~ s+ acres". ?o ~ 4(,_% of site I'<-:,<,rt M-1" w....."'-') d. Total impervious area --Lj ~ lJ2?7 7\= acres"'. 44 -::. ~t- % of site e. Landscaped area ">.<1r2-<7f. acres:. "Z~ ~ 2;? % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). % of site Other landscaped areas, f. acres g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas N.. ~ . acres % of site h. Total pervious areas~,-=''' '2. C:;;.f"- acres . "2. ;. :: 3'? % of site i. Total area of site "2~.~~S- S~ ..(,'l (00 % of site acres Floor Area 8. Residential b. Commercial/Office c. IndustrialfW arehouse d. Recreational e. Publicllnstitutional f. Other (specify) g. Other (specify) h. Total floor area o sq. ft. ~I'O" _sq. f1. c.~u..tl.4-\ (S,c, 3~ 'S+ CoIo)D\\\.<::>~\1:V) ~";.r..-) o sq. ft. o sq. ft. o sq. ft. G sq. ft. o sq. ft. ~, ~ sq. ft. 7. Number of Residential Dwellinq Units a. Single-family detached J.-A, . sq. ft. f'JA. sq. fL b. Duplex c. Multi-Family (3 + attached dwelling units) ~.t>.. 3 (1 ) Efficiency W.^ dwelling units (2) 1 Bedroom (~ .f\, dwelling units (3) 2 Bedroom N.A. dwelling units (4) 3+ Bedroom 1'5.1\. dwelling units d. Total multi-family N,~. dwelling units e. Total number of dwelling units tv."" . 8. Gross Density ~ ).fl,. dwelling units per acre \ " /1'\ 9. Maximum height of structures on site 2~- Lo feet U) stories 10. Required off-street parkinq a. Calculation of required # of off-street parking spaces. (\)<;;'PI'--<-"'t I }6G '3.\::" (c..~;.){)n\o~t:."0 ~ (I) """~ ! (4') Sl&f\..-'"I'-, Off-street parking spaces provided on site plan :::: SV.~i~ ~\;-Iv:::o:: S(,._ J"'1- ~~-r<./ 4 ~ 40; _ S(p v:.a.. x. . S = z..8:> ~\UD 7.:'6 " f V2...O lh \l ~D :::: :::: * Soia fLL()\.AL."L \In.) M.U(.. O\)~'i :: b. Calculation of required # of handicap parking spaces (\) f\QhT ("2..b) ~~) (I) ru;l\.\o.lt.J\~ (~) Number of handicap spaces provided on site plan 1.. ~t:..G.:v-\. 'C-t.-O 1.. VLW\.\)\L\> = REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 4 .. III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (1) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. J~!/J ,_ (J . / (.))/(lJ1./jf/ //L-<d-!1'?1 ( 0\ L-E,jIJ L'c O)jS ') Signature of Owne s) o.r Trustee, of Authorized Principal jf property is owned by a corporation or other business entity. r~ '7- (~ Date OR I~/~, Signature of contract purchaser (if applicant) Date IV. 6\ - c<f -0(.( Date (I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to this application. ~- /) f // IA~,~ / 1 ~ II j/~J~. ( 'if'C// 0 .- b (-6 Cr-, ign'ature of Owner(s) or Trustee, Date or Authorized Principal jf property is owned by a corporation or other business entity. OR {~~~ , Signature of contract purchaser (if applicant) Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMllTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 5 . RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. ,20~ 6 .. . . . MTP Group, Inc. 12798 Forest Hill Boulevard, Suite 303 Wellington, FL 33414-4704 Phone: (561) 795-0678 Telefax: (561) 795-0230 http://www.mtpgroup.net January 13, 2006 Mr. Michael Sipula JMS Architectural Design 10800 North Military Trail, Suite 211 Palm Beach Gardens, Florida 33410 Re: Deliverance by Faith Church Dear Mr. Sipula: There is a proposal to build a 5,633 square-foot church on the south side of N.E. 10th Avenue between Seacrest Boulevard and Old Railroad Avenue in the City of Boynton Beach, Florida. This site is currently vacant and the project is to be completed in the year 2006. Access to the site is to be provided through an access driveway on N.E. 10th Avenue. Per your request, this study has been prepared to comply with the requirements of Palm Beach County Traffic Peiformance Standards (TPS) Article 12 of the Palm Beach County Unified Land Development Code. The trip generation characteristics of the development have been determined using the Institute of Transportation Engineers, "Trip Generation Report ",7th Edition. Table 1 presents the trip generation characteristics of the proposed development while Table 2 presents the trip generation rates used in the study. .As shown in Table 1, the proposed development has the potential to generate less than 20 trips during the peak hours. Therefore, based on Palm Beach County Traffic Performance Standards the proposed development meets TPS requirements and does not require a traffic study. Should you have any questions, do not hesitate to give us a call at (561) 795-0678. Sincerely, . I . , p. f MTP Gl'f. Inc. q~li~ 6</13i6c' Maria M. T ~era, P.E. President Florida Registration Number 44095 Attachments: Tables 1 and 2 land Use Amount Daily AM Peak Hour PM Peak Hour Traffic Total In Out Total In Out Church 5,633 51 4 2 2 4 2 2 Pass-by Church 0% 0 0 0 0 0 0 0 Net New Traffic 51 4 2 2 4 2 2 Table 1 Deliverance by Faith Church Trip Generation land Use ITE Daily AM Peak Hour PM Peak Hour Code Total In Out Total T In lOut Church 560 9.11 0.72 54% 46% 0.66 I 52% I 48% Table 2 Deliverance by Faith Church Trip Generation Rates Independent Variable: Church 1000 SF II MTP Group, Inc. . 12798 Forest Hill Boulevard, Suite 303 Wellington, FL 33414--4704 . . Phone: (561) 795-0678 Telefax: (561) 795-0230 http://www.mtpgroup.net Deliverance by Faith Church - Michael Sipula.doc I~III.IIIIIIIIIII.'. This Jnstrurnent Prepared by and Return to: Dould J. Doody, Esqllire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CFN 20050662837 OR BK 19438 PG 0540 RECORDED 1./19/~ 15:":82 P.1. BIP.eIl CoUDt.y, Florida OT 18.. Doc St.., 8.7fl Sharon R. Bock, Q.ERI &. cmIPTROLl.Ei ~)St4. C~) PIN: 08-43-45-21-04-000-0021 ~ WARRANTY DEED ~'.~, made this z.tj!day Of~:t:-bY and between DeHverau ~ Churdl, IDe., a Florida Dot for profit corporation, whose post office address is 1 ~~,L.K.J, Boulevard, Boynton Beach. Florida 33435, hereinafter referred to as "Granto~ City of Boyoton Beach, . Florid. muoicipal corpontiou, whose post office address lOO~ Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter ref~.as""'m"Grantoe." <1 . " .v V '...j '. WIT N E SSE T H: ~,/-., That said Grcm ("" in consideration oCtile sum ofTEN ($10.00) DOLLARS. and other good and v \ E"~derations to Grantor in hand paid by Grantee, the receipt whereof is hereby ackno~has granted. bargained and sold to the Grantee, and Grantee' successors and ass~n.wer, the following described land, situate, lying and being in PALM BEACH County, Flonda, ~wit: CcP> The East ~ of Lot 16 les~ South 10 Jeet for a road right-af-way, Block 1 of E. ROBERTS ADDmON, acco~{o the plat thereof, as recorded in Plat Book 1. Page J 23 of Ihe Public Reco~alm Beach County, Florida. /;..--~ SUBJECT TO: Taxes for c~~ and subsequent years, zoning and/or restrictions and prohibitions imposed bX(~enta1 authorities, and easements and restrictions and other matters appearing on ~dtor common to the subdivision. ~('-._~ Together with: All the tenements, her .. ...-. appurtenances thereto belonging " . . . 5'- v or III anywtse appermmmg. ~::::-:._ \) //"...., To Have and To Hold, the same in fee simpI~. And th Gran b---1.c 'th "d ~(5v~ r"'~ . 1 wfull _"':_~A f e tor J;jU~UY covenants WI S8l 1J.lantor IS a y :st7UQ.1 0 said land in fee simple; that Grantor has good right and.~~ uthority to sell and convey said land; that Grantor hereby fully warrants the title to . ~ and will defend the same against the lawful claims of all persons whomsoever, -. ~~d land is free of all encmnbrances.' ( / L ~. ," [SIGNATIlRE PAGE FOLLOW~ "\ . .r:.A ~~ Book19438/Page540 Page 1 of 5 I . ,.... .1-, Y .~. p.o."...,.- ,_. . . affecting Parcel B, or any part thereof, nor to the best knowledge and belief of the Church is any such proceeding or assessment contemplated by any govenunenta1 authority; (3) The Church has complied with all applicable laws, ordinances, regulations, statutes, roles, and restrictions relating to Parcel B described herein, or any part thereof; SENTATIONS AND WARRANTIES OF THE CITY o .)) The City b . . " ~resents and warrants to the Church as follows: (J) There are~~~in po~sion of any portion of Parcel A as lessees, tenants at sufferance, or~; ;,.m\ (2) There is no pen'iJidf or threatened condemnation or similar proceeding or assessment affecting Parcel A, or@ithereof,nortothebestknOWledgeandbeliefOftheCityis any such proceeding or . ent contemplated by any govenunental authority; ~\ (3) The City has complied~~~applicable laws, ordinances, regulations, statutes, roles, and restrictions relating to P~A(described herein, or any part thereof; (4) Parcel A has full and free ~ and from public highways, streets, or roads and, to the best knowledge and be~~~First Party, there is no pending or t1ueatened governmental proceeding which WOUl~~air or result in the termination of such access. / ~, s. CLOSING ~;?J\ ~\:A' Tbe closing shall be via courier, ovem' {~!vcry or held at the office of GOREN, arnROF, DOODY & EZROL. PA ~ Common:ial Boulevard, Suite 200, Fort Lauderdale, Florida 33308 on or OJ 2.cL 2005 (herein referred to as . the "closing date"). At the closing: ~c....~"-:-~ 'fJfjil ..,. \,"", '"" ( ) Th C. shall \",.-".) a e Ity : >-;,-~ ) / ('(J' ({ ~.:.> (i) Deliver to allalm a duly executed ~~"",ledged Quit-Claim Deed conveying good title in fee simple to Parcel .(~4iid clear of any and all liens and encumbrances. ?:...(' f(7l ~ >'0.. )'('"r-) ) ( C./i/.,. ~/~ /~?"~) \(\~::" j\ //~ ~ has full and free access to and from public highways, streets, OT roads and, to wledge and belief of the Church, there is no pending or threatened ing which would impair or result in the tennination of such access, 4. (ii) Deliver to Church possession of Parcel A. 3 Book19438/Page541 Page 2 of 5 ... t-.........,8. ~'_"___"'_' (b) The Church shall: (i) Deliva- to the City a duly executed and acknowledged Warranty Deed in a fonn acceptable to City's counsel conveying good and marketable title in fee simple to Parcel B, free and clear of any and all Hens, encumbrances, conditions, assessments. and restrictions. (ii)rieliver to the City possession of Parcel B. ~~~ 6. ~LANEOUS PROVISIONS: a) Real ~or the then current year relating to Parcel B shall be prorated as of the closing dat~:~-\ \U9? (b) Nominal d~91!!'O' stamps on both parcels. Parcel A and Parcel B. shall be paid by the City. ~. \(? (()\ (c) Filing fees sb311:'..tie'p~d by tJ rf tATf ~ely. (d) Title costs relative ~a shall be paid by the City. (f :1 ; ; ~--<. (e) This Agreement shall be' ed under and in accordance with the laws of the State of Florida and all obligatio~ f the parties created hereunder are perfonnable in Palm Beach County. Florida. /;:Q. ~) (f) In case anyone or more Ofthe~ p" s contained in this contract shall for any reason be held to be invalid. megal, or 1m ~le in any respect, such invalidity, illegality, or uncnforceabil!ty shaJ.1 no~ ~ect an ~\' rovision ther:e?f and this contract sh~ be construed as If such mvabd, 1l1egal, or . eable proViSion bad never been contained h . /} erelIl. ~ /-:,~. \r ~:'7 /.......-"\,.\ (.... IN WITNESS WHEREOF, the parti~~o'11ave executed this agreement on the date first mentioned above. v:;.~\~.:)\ \(,.. ,>. '. J"" ~"" ~J .' ) DEL~CE BY FAITH CHURCH ~. l(.....- ; . , ... ~ . attorney's fees shall be paid by Witness: ~~l- Date executed: 4 Book19438/Page542 Page 3 of 5 AGREEMENT TO EXCHANGE REAL PROPERTY ~8B- THIS AGREEMENT is made o~t Zl:L 2005 hy and between the City of BoyotOD Beach, a Florida municipal corporation (hereinafter referred to as the "City''), and Den:~c:e by Faith Church, IDc., a Florida not for profit corporation (hereinafter referred ~~ "Church'') with the purpose of exchange real property. \~~, the City owns Parcel A and the Church owns Parcel B which two parcels ~~ ~cUlarlY described as: ~/>)o \;; .---, PARCEL A e\Qf2~ (Property of the City) .,.....0 Lot 21e3,~Worth 10 feet Road of Way of ROBERT WELLS SUBDIVISION. according lat thereof, as recorded in Plat Book 1 J. Page 66 of the Public Records of I "Beach County. Florida. " '\(2") PARCEL B '\<0.~Property of the Cburch) (( " The FAst ~ of Lot Z~ South 10 feet for a road right-of-way, Block J of E. ROBERTS ADDIDON:;;QcCording to the plat thereof, as recorded in Plat Book 1. Page 123 of the Public R~ of Palm Beach County. Florida. c>/ WHEREAS, in the coil ~- e .....!erest of the City and the Church, each has expressed a desire to exchange the ~rarcels. :::;:,..-;~ TIlEREFORE, in considerati~rot~!he premises, the mutual covenants and agreements herein contained, First party"..,; ....~ nd Party do hereby covenant and agree as follows: /;; "7 c?'~O 1. CONVEYANCE AND CONSIDERlf(Q.l~~Fi\ For the ooosidera1ion and on the subjeet to the ~~isiODS, and conditions hereinafter set forth, the City agrees to convey to the Churc . ~'eal property described above as Parcel A together with all and singular the rights '. anees pertaining to the real I property, including any right, title. and interest of the ~.. d to adjacent streets, alleys, or rigb~f-way together with any improvements. fixt . and personal property situated on and attached to Parcel A, in exchange for the convc~"", the Church to the City of the real property described above as Parcel B, together witlt.~I~d singular the rights and appurtenances pertaining to the real property, including any if~l:'.Nt1e, and interest of the Church in and to adjacent streets, alleys, or rights~~2.,~ogether with any improvements, fixtures, and personal property situated on an~7J~0 the Parcel B. \.(\~/ t.... /r ~ Book19438/Page543 Page 4 of 5 . I fi'" ........ ._"_.__.W_.... ATTEST: .~) CITY OF BOYNTON BEACH ByJ~~iif~ Titl' f'1 A L1 0 I? C~i~Clm~.<.!"".::" ....\... ..~ .--'., . ,,'. '.. ". . , .,'" ~/~lf.- ./ '7 ::';; ..... ....>i..<~..?) ., .. . .:;-.:.::.lJ. ... ,: ';'- . ~.., 01 \'{'" h:::fv.?~e 'f.;lr', ~;:.:r , ~.{ .. . '. (:/ ... "-M':. ;~:~;;..;..;~~'.; ~ 0 ~ ~\@~ .....'./ h \~ V(E). / /} '-'>:J~ ,..-;,/ \..~ . C7B- 0;:'> ~ ((~~ /--.;;, , U ....::':>,..,-:;.......... ( (\~, \ ...... ..:.Jt~ -...;::./.:~ ~:-7 ~'\.'.. (... ~ ~~~-,. ~V//r/~...'.~! 'i .I' ",) .... "t ... ~5" "" V;;~ ~ ::-:::::-.. ((-J.}'.. I , / ~r ;~7) ~/:;.-...:..~ I . jl \( ."J1~ ~/' /?-~) 't "..\'._~) )^ \;I ....._/. ~ Date executed: H:\2005\O.5028S\05-07-19 Excbanp;ofJUaI ProperIy.doc 5 Book19438/Page544 Page 5 of 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 ~.. -;iti:-,+:;. ..: . i~'?Srf\.~~" ~ ,\~:~ ~."~~'.l ",_..~ ~!'il-~f.:im!i.~.!!~..~_'.lbl!.t!_.~g_~_8.S.S. System _ ~ , . '~l .::.~~f ;f~ '; ~~~~~~: . . '?~ !~H~i~~~1?Ji r.. s- r", r: rt r. " :r , ~ .;Ii}Jf~~; , Property Information Location Address: NE 10TH AVE L.- \fi~ Map Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: BOYNTON BEACH 08-43-45-21~4-000~021 WELLS ROBERT SUB IN 19370 Page: 1681 Sale Date: Sep-2005 ROBERT WELLS SUB E 99.54 FT It W 6 FT OF LT 2 (LESS N 10 FT OF NE 10TH AVE) Owner Information Name: DEUVERANCE BY FAITH CHURCH INC L, ..,.AII ~nel"$ Mailing Address: 111 NE MARTIN LUTHER KING JR BLV BOYNTON BEACH FL 33435 3142 Sales Information Sales Date Book/ Page Sep-2005 19370.11681 Jul-2001 12843/1210 Price Sale Type Owner $10 QUIT CLAIM DEUVERANCE BY FAITH CHURCH INC $10 WARRANTY DEED BOYNTON BEACH CITY OF Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 8900 2003 [Tax Year 2005 _ Acres: 0.3326 Description: MUNICIPAL Tax Year: Assessed Value: Exemption Amount: Taxable Value: L~aYJ~t~I,..1 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I 2005 E 2004 i 2003 3 L.~9~~I!~r,J L,~.,.,,,,-.~~'~.,",,,...,, J l~~~~~J 1~~~fB!J I~~,.,",~~!.",..,,=I NOTE: Lower the top and bottom margins to 0.25 on Flle->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Comm.unity I Employment I New Home Buyer I Qffice Locations Value Adjustment l3Qard I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papalaspx/web/detail_ infO.aspx?p _ entity=084 34521040000... 2/1/2006 Palm Beach County Property Appraiser Property Search System Page 1 of2 Property Information location Address: NE 10TH AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legal Description: L,Vlew Map BOYNTON BEACH 08-43-45-21-04-000-0022 WELLS ROBERT SUB IN 18212 Page: 3 Sale Date: Dec-2004 ROBERT WELLS SUB E 100 FT OF W 106 FT OF L T 2 (LESS N 10 FT NE 10TH AVE R/W) Owner Information Name: DEUVERANCE BY FAITH CHURCH INC L_,~IQ~I1~~_-,. .] Mailing Address: 111 NE MARTIN LUTHER KING JR BLV BOYNTON BEACH FL 33435 3142 Sales Information Sales Date Book/Page Sep-2005 19370Jl~al Dec-2004 18212/0003 Dec-2004 17987 LQS13 Price sale Type $10 QUIT CLAIM $10 QUIT CLAIM $10 QUIT CLAIM Owner DEUVERANCE BY FAITH CHURCH INC DEUVERANCE BY FAITH CHURCH INC Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 7100 2005 Acres: 0.3561 Description: CHURCHES Tax Year: Assessed Value: Exemption Amount: Taxable Value: L~~I:~J~!~II, 1 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 2003 L..~~9~gJ!~~, ...1 Li...J~~I~~.".,~~,1 l~c:If~~,!!I];~"".l Lf,!!~,u.!f!gt J L.,...w.'~'~~!'~k"_""'-' I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. 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