APPLICATION
PROJECT NAME: Bamboo Lofts
LOCATION:
PCN: 00-43-46-04-00-001-0290
I FILE NO.: LUAR 06-008 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Nigel Development, Inc.
HNM Architecture, Inc. ADDRESS: same as agent
ADDRESS: 3705 N. Federal Hwy. FAX:
Delray Beach, FL 33483 PHONE:
FAX: 561-733-2383
-
PHONE: 561-733-2225
SUBMITT AL / RESUBMITT AL 2/1/06
1 ST REVIEW COMMENTS DUE:
PUBLIC lIP ARC NOTICE: 3/13/06
TART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD: 4/1/06 April Fools Day
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT 4/11/06
AGENCY BOARD
CITY COMMISSION MEETING: 5/2/06 5/16/06
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Bamboo Lofts\LUAR 06-008\2006 PROJECT TRACKING INFO.doc
H."!
---.-------..-8.--.........
(.
H'. ,M ARCHITECTURE
3'705 NORTH FEDERAL HIGHWAY
OELRAY BEACH, FLORIDA 334B3
TEL: 561.'733.2225
FAX: 561.'733.23B3
M HANLON@HNM-ARCHITECTURE.COM
.JANUARY 30, 2006
THE CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND DEVELOPMENT BOARD
RE: BAMBOO LOFTS - LAND USE AMENDMENT AND REZONING RE~UEST
THE PROPOSED ANNEXATION/REZONING OF THE PROPERTY AT 3847 NORTH FEDERAL
HIGHWAY FROM PALM BEACH COUNTY ZONING CLASSIFICATION OF' "CG" TO THE CITY OF
BOYNTON BEACH ZONING OF C-3 WITH R-3 REGULATIONS, WILL HAVE LESS IMPACT ON THE
LOCAL COMMUNITY. THE EXISTING VACANT PROPERTY IS ONE OF .JUST A FEW LOTS IN A
SMALL POCKET OF' UNINCORPORATED PALM BEACH COUNTY SURROUNDED BY RESIDENTIAL
PROPERTIES. THE DEVELOPMENT OF' A COMMERCIAL BUILDING ON THIS SITE, LIMITED BY ITS
CORNER LOCATION, WOULD NOT ONLY BE INSUF'FICIENT DUE TO PARKING RE~UIREMENTS,
BUT ALSO WOULD FORCE TRAFFIC FROM FEDERAL HIGHWAY ONTO BAMBOO LANE WHICH IS
STRICTLY A RESIDENTIAL STREET.
WE LOOK F'ORWARD TO THE OPPORTUNITY OF' WORKING WITH THE CITY OF' BOYNTON BEACH
ON THIS PROoJECT. IF YOU HAVE ANY ~UESTIONS OR NEED ANY FURTHER INFORMATION.
PLEASE CONTACT ME.
THANK YOU.
HNM ARCHITECTURE, LLC
~I1::cN
PRINCIPAL
DATE APPLICATION ACCEPTED: RECEIVED BY STAFF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? YE.~ DATE: 2.l .!l.4'-j, 2t>05
CITY OF BOYNTON BEACH, FLORIDA rD)
PLANNING & DEVELOPMENT BOARD lill
LAND USE AMENDMENT AND/OR REZONING APPLlCATI N
~rn~~w~~
- II!
I .
- '2006 '":.
rw:u ,.,,'/ ,
PL ~... ..' '"
This application must be filled out completely and accurately and sub . ~ttier-witb..tbe..
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: 'BAM\SOO l.-of"-r~
2. Type of Application (check one)
X a. Land Use Amendment and Rezoning
b. Land Use Amendment Only
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)
N\GtE.L )7e.'I1e.LC"PME.Nl, \N.C.
Address: 3'705 N. 'f"e."Ve.~AL \\LV:1D
Ye.L AAj pEAC.\-\., rL 33412> "3
(Zip Code)
Phone:
Sbl' 733. 22 '25
FAX: ~3~ .2383
5. Agent's Name (person, if any, representing applicant
Address:
HN tv\ f~:~C.\-\\"-rEC.-rY\~E:? LLC.
3'10~ N. -:FE~E~AL \-\~~_
pe.L ~;1 13e:A.c.. 1 L- 334-83
(Zip Code)
Phone:
Sb\ ,13'3. 2. 2. '2.. 5
FAX: ---5kl. 733-2383
1
6. Property Owner's (or Trustee's) Name:
Address:
t'{ \GtE.L 1/evELO?McN1.,-\ NC.
:3~o~ N. rei)ER~l \-\w~.
y - 1- A1 1SE.Ac.~ I ~\... 3:34 CO};
(Zip Code)
Phone:
5bl. t-t33' 2.21. s
FAX: 5~\' '133. 2.~8 5
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.)
OWNt:.R / pe.\lE.Lo'?E.R
J
9. Street Address or Location of Subject Parcel:
384-~ No> T"'E.:ye.~AL \-\IA)~. )7e:L'Rt\;i 'BeAG", -r\... '3~48~
PCN (s) 00 .43' 4b' 04. 00. 00 \ . 02 90
10. Legal Description of Subject Par~"!1 (please also provide on disk in "Word" format):
A -r~AC.T or:- L.~N17 IN bEC.-r\()~, \bWN6\-\\'P 4<0
~o L--\-r\-\, -:RAN&, E 4 3 l::J\~ -r , ~P.Lt'I\ JSE:AC.\.\ ~""N-r~
fLcR\9A
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: c. z.~ S_
12. Current Land Use Category: C!-\- 5 ( ~Lt'\ 'BEAc.'" CO~t'\Tj)
13: Proposed Land Use Category: LD~L f\E.\A\.L. CDYlME"QAL
14. Current Zoning District: CGt (~A.LM ~AG\-\ ~'^~)
15. Proposed Zoning District: c.-3 Wft'l-\ 'R - '3 'REGtULA1\otJS (~O'i\~1'o~ '&eA'-l-')
16 Intend.:.J ~se of subject parcel: T\-\~E.E. (~EE' ~\tv\'?lc ).50 INN \-\D~SE~
17. Developer or builder: ~\G,E.1.. 17E.ve.L.DPME.~-r, \NC.
18. Architect: \:ibLM J\~c.\-\\ \E.c.\\..n~€ ') \..LC..
2
\r.J\NS1\:)r-.l LEE ANY A.~~cc..\A-rE~
\-\1\\ M A'f;C.\-\\\E.L-r\..-\~E, LLC
.T C\\t-.l 'P:l. !:>M\I~ E.N.(St\~e.e~ S, \N(.._
N./"-\.
I
'R\C.\\AR'9 L. ~\-\EP\-\~'RV ~)) A.SS~C\A-re.f::>
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
19. Landscape Architect:
20. Site Planner:
21. Civil Engineer:
22. Traffic Engineer:
23. Surveyor:
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
b. This application f,~'T1.
Yb. A copy of the last recorded warranty deed.'
~. The following documents and letters of consent:
_(1) If the property is under joint or several ownership: a written consent to the application
by all owners of record,
_(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
_(3) If the applicant is represented by an authorized agent: a copy of the ~~ency
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
/(5) If the applicant is a corporation or other business entity: the name of the officer or
person responsible for the application, and written proof that said person has the
delegated authority to represent the corporation or other business entity, or in lieu
thereof ~uritten proof that he is in fact an officer of the corporation.
/d. A sealed boundary survey of the subject jJ.::;rcel 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:
~) An accurate legal description of the subject parcel.
.L(2) A computation of the total acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
_(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this applic;;ltion if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
3
_e.
All property owners, homeowners associations, and condominium associations that own
property within four hundred (400) feet of the boundary line of the property which is the subject
of the quail-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked
no less than thirty (30) days prior to the hearing.
f.
A copy of the ;- ..::.:. " Beach County Property Appraiser's maps showing all of the properties
referred to in paragraph e. above, and their relation to the subject parcel.
.,
~.
A statement by the applicant justifying the zoning requested, including reasons why the property
is unsuitable for development under the existing zoning and more suitable for development
under the proposed zoning. The statement should address the following criteria which the
Planning and Zoning Division utilizes in evaluating land use amendment and rezoning
applications:
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 ',::.;-oposed 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.
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,
-wjtt:l ttle ij:R~eets tl=let '.'iotJld be ercetea BY amiCl6~fACflt t1flaCr tl'ls !;)FSI388Qd :lQRiFl~, 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 dev~I'?::ment.
_(2) A statement of the uses that wo...iJ be allowed in the proposed zoning or development,
and any particular uses that would be excluded.
4
_(3) Proposed timing and phasing of the development.
_(4) For proposed zoning of property to commercial or industrial districts, where the area of
the subject parcel exceeds one (1) acre, projections for the number of employees.
_(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 zoninq: 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 more 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
dp~rtline 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 appli,,;:'",t 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 or for rezonings to a planned development district,
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 City of Boynton Beach Utility
Department for estimating such demand, unless a registered engineer justifies
different,~tandards. Commitment to the provision of improvements to the water system
shall also be included, where existing facilities would be inadequate to serve
development under the proposerl,:?:oning.
_(7) For parcels larger than one (1) acre or for rezonings to a planned development district,
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 City of Boynton Beach
Utility 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.
_(8) For proposed residential developments larger than one (1) acre or for rezonings to a
planned development district, 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
5
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.
_(9) At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with sL::-~c:.mding 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 sucl," ,Iuisances 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 empl0yed 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) Existing and proposed grade elevations.
_(c) Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the provIsion of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and other public
improvements or dedications as may be required.
_(11) For rezonings to planned zoning districts, the specific requirements for submi~~ion 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.
./ 13) All applications for a land use amendment and rezoning for any residential
development submitted after ':'.me 27, 2002 must submit a School Concurrency
Application and Service Provider Form. Applications are not deemed complete
until the City receives notification from the Palm Beach County School District.
PLEASE DO NOT SUBMIT TO THE SCHOOL DISTRICT PRIOR TO FILING THIS
6
APPLICATION WITH THE PLANNING AND ZONING DIVISION.
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 B9ynton
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.
7
V. APPLICANT'S OWNERSHIP AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THI~ DAY PERSONALLY APPEARED ~IGtEL DE.\le\.q~M~~TwHO BEING
DULY SWORN, DEPOSES AND SAYS THAT: I..:{.,
1. He/she is the owner, or the owner's authorized agent, of the real property legally described in
Attachment A;
2. He/she understands the Future Land Use Map amendment and/or Rezoning application fee is
nonrefundable and in no way guarantees approval of the proposed amendment;
3. The statements within the Future Land Use Map amendment and/or Rezoning application are
true, complete and accurate;
4. He/she understands that all information within the Future Land Use Map amendment and/or
Rezoning 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.
FURTHER AFFIANT SA YETH NOT.
The foregoing inst~~ment was acknowledged before me this 31 day of::)..io!.-vo , 20iJ fo ,by
-.J Qr n"\ 't'. D. l"Yt u.... G(... G (NaQ:1e of Person. Ackn~ who is personally
known to me or who has produced F I &-'lA Ci,><-- \) e.. /......Lc. (t~ eo identification) as
identification and w!1o did, (did not) take an oath. \
\;L a/v-' L' It....t ()._<-G(.~ //'
(Signature of erson Taking Ackn ledgment)
/l7 II 10/ (1 the fht,' fi-:.~
(Name of Acknc6wledger Typed, Printed or Stamped)
(Title or Rank)
(Notary'Seal)
'Pt:\..AA~ ~~\\ ft 33~
City, slate, Zip Code
Teleohone ( ) Sb\'13~'Z225
(Serial Number, if any)
~~~v:rt,~_ MARY CARAWAY
N"JA\.~ MY COMMISSION # DD 430858
~i~tl EXPIRES: August 22,2009
11,,'lf./~'ii"'" Bonded Thru Notary Public Underwriters
8
(LP.N~ \.-\~~ t.\PPL-\CA"1,O^,)
VI. AGENT CONSENT FORM
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED N\GJEL 1JE.\lELopr\~lWHO BEING
DULY SWORN, DEPOSES AND SAYS THAT: IN'--
1. He/she is the owner of the real property legally described in Attachment A;
2. He/she duly authorizes and designates \-\NM. A"Rc.~\,.e:c..1'"~l1..Lto act in his/her behalf
for the purposes of seeking a change to the Future Land Use Map designation and/or Zoning
classification of the real property legally described in Attachment A;
3. He/she has examined the foregoing Future Land Use Map amendment and/or Rezoning
application and he/she understands how the proposed change may affect the real property
legally described in Attachment A.
FURTHER AFFIANT SA YETH NOT.
Th foregoing ins!ru!"en! was acknowledged before me this ~ I day of ~ ~ , 20.:' t ,by
tc-L-'YyLe_ U }. . '0 (N~me ?f Persor;l Acknowl gin ho IS perso'1~lIy
kn n to me or who has pr duced --- / '--1-( cl. ~\.....' /(. .-<- pe 0 identification) as
identification and who did (did not) take an oath. -"\
~ l.( a/v- C'tlJr. 0:. -ct..! O. y
(Signature of P son Taking Acknowle~gment)
m 1i72A .1 r+-2' , /;r~l.-'
(Name of Ackno edger Typed, Printed 01tamped)
(Title or Rank)
-:3 '7 oS N.. h'DERAL ~~,
Street Address
Pe:LR~E:AG\A, -:f""L 334hZ.
City, State, Zip Code
(Serial Number, if any)
(Notary' Seal)
;':1:,_
l~,~"ff.'Xf~~'~ MARY CARAWAY
€*( ':*~ MY COMMISSION # DD 430858
'f;:i;~~< EXPIRES: August 22, 2009
"IIf.l~" l30nded Thru Notary Public Unde.....~
t,.1'i"~~ I Tfln9rs
Telephone ( ) Sbl.133. ZZZ 5
9
(LA~~ \.-\s~ ,4f>PL\lA1'IO.-JJ .
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
_Date Accepted by Planning Division
_Date Transmitted to City Clerk
_Date Notifications Mailed to Surrounding Property Owners
_Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
_Dates of Advertisement in Newspaper (annexation)
,
_Date of Transmission of Departmental Review Forms to Department Heads
_Date of Review by Technical Review Committee
_Date of Pre-Hearing Conference
_Date of Public Hearing Before Planning & Development Board
_Date of Public Hearing Before City Commission
_Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
_Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
_Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Comprehensive FI~II Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
_Date of Hearing Before Florida Division otr\dministrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
_Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
_Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
_Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised
Comprehensive Plan Amendment
10
_Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
_Date of First Reading of Ordinance to Annex
_Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Second Reading of Ordinance to Annex
_Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Expiration of Zoning
_Date of Expiration of Time Extension for Zoning
11
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted to City Commission and Board Meetings
Any documents prepared by applicants which are distributed at the public meetings must be provided,
at a minimum, in the following quantities in order to allow each Commission or Board member to have a
copy, as well as the City Manager, City Attorney, Recording Secretary, Planning Director, and Building
Official:
City Commission:
10 copies
Planning and Development Board:
12 copies
Community App",.1..ance Board:
12 copies
Also, for any site plans, master plans, and elevatiuns which are submitted for the record at Commission
or Board meetings, and which are revisions to plans or elevations which were previously submitted to
the City, six (6) copies of the revised plans or elevations must be subsequently submitted to the
Planning Division. Furthermore, any colored elevations which are exhibited to the Boards or
Commission which are different from those which were previously submitted must be submitted to the
Building Department so that the building color and elevations can be inspected prior to the issuance of
a Certificate of Occupancy.
These measures will allow the City to have an accurate record of the project as it was approved by the
Commission or the Boards, and will allow for the efficient inspection of the project.
12
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 approverl,lInless 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 Compr"'!"'3nsive 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 zoned districts.
- Applications for revisions to any of the applications listed above, which would increase the demand for
any public facility.
* Applications for develpoment 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 exem~t from that ordinance.
Please be advised, however, that the following applications will be exemot 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 was submitted prior 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 approv~1 of final plats, if the preliminary plan 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.
13
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) 375-6260.
J:\SHRDATA\Planning\HUDSON\COMP PLAN PROCESS\NEW LUAR APPLlCATION2.doc
Revised 10/08/02
14
NOTICE TO APPLICANTS
REZONING
LAND USE AMENDMENT
ANNEXATION
Per City Of Boynton Beach Ordinance 04-007
No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in
affidavit form, has been filed with the Office of the City Clerk and copied to Planning &
Zoning. Proof of notice must include the name and address of each property owner to
whom notice was mailed and a photograph of each sign posted, as hereinafter required.
The following notices must be paid for and provided by the applicant:
1) All property owners, homeowner associations, and condominium associations that
own property within four hundred (400) feet of the boundary line of the property
which is the subject of the quasi-judicial hearing shall be mailed, by first class mail,
a notice of hearing postmarked no less than thirty (30) calendar days prior to the
hearing. Suggested format for the notice is found on Page 16 of this application
2) One (1) sign for each street frontage of the property shall be posted no less than
ten (10) days prior to the hearing. The sign shall be legible from a distance of 100
feet and shall contain a description of the approval being sought, the date, time and
location of the hearing, and a statement that the application being considered is
available for inspection in the Development Department of the City of Boynton
Beach. Suggested wording and size of the sign is found on Page 17 of this
application.
Please also note that
3) When a quasi-judicial hearing is tabled or continued at the request of an applicant,
re-notice of the hearing shall be provided by the applicant in the same manner as
original notice.
CONTACT:PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone: (561) 355-2881
FAX: (561) 355-3881
15
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on (insert date) at 6:30 p.m.
in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to
consider this request submitted by (Agent) on behalf of (Applicant). The City Commission of
THE CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to consiaer this
request on (insertdate) at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY
HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request is
described as follows:
LOCATION:
REQUEST:
Amend the Comprehensive Plan Future Land Use Map:
From -
To-
REQUEST:
Rezone:
From -
To -
PROPOSED USE:
LEGAL DESCRIPTION:
(Insert map here)
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of
Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard.
All interested parties are notified to appear at said hearings in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board or City Commission with respect to any matter considered at these meetings will need a
record of the proceed;,,'~,; and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. '
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION -
(561) 742-6260
16
Typical Dimensions/Not to Scale
Sign shall be legible from a distance of 100 feet.
18"
PUBLIC HEARING NOTICE
pate: Time:
Type of Application(s):
IProposed Use(s):
fLocation: City Commission Chambers, City Hall
100 East Boynton Beach Blvd.
nformation: Department of Development
(561) 742-6265
I I
24"
i
---/
17
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1.1111.1.1...11..1111.
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Prepared by and Return to:
Mitchell B. Kirschner, Esq.
Hodgson Russ LLP
1801 North Military Trail, Suite 200
Boca Raton, FL 33431
Property Appraisers Parcel Identification (Folio)
Numberlq 00-43-4&.04.(J().1l0\-0290
a'1 STATIlTORYWARRANTYDEED
(STATUTORY FORM - SECl'ION 689.02, F.S,)
CFN 20050.126635
OR BK .182.18 PG ~54e
RECORDED 03/04/2905 15:05:56
Pal. S..ch County, Florida
A"T "7ca,".80
Doc St..p 3,290.00
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 0548 - 550; C3pgs)
TffiS INDEmUU, made the ;t~edaY of Febmary, 2005, between Eckols '76, Ltd.,
. a Florida limited partnership, and Eckols '86, Ltd., a Florida limited partnership, whose address
is 2400 N.W:-Boca-Raton Blvd., Ste 5, Boca Raton, FL 33431, hereinafter collectively called the
Grantor, to Nigel Development, Inc., a Florida corporation, whose address is 3705 N. Federal
Hwy., Delray Beach, FL 33483, hereinafter called the Grantee.
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars
and No Cents ($10.00) and other valuable considerations to the Grantor in hand paid by the
Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the
Grantee, and the Grantee's heirs and assigns forever, the following described land, situate, lying
and being in Palm Beach County, Florida, to-wit:
A tract of land in Section 4, Township 46 South of Range 43 East, Palm Beach
County, Florida, more particularly described as follows:
Beginning at a point in the East Right of Way line of State Road No.5 (D. S. No.
1) at a distance of 150 feet Northerly, measured along the said East Right of Way
line, from the Point of Intersection of a line parallel to, and 579 feet South of,
measured at right angles to, the North line of said Section 4; thence Easterly
parallel with the north line of said Section 4, a distance of 150 feet to a point;
thence Northerly, parallel to the said East Right of Way line, a distance of70 feet
to a point; thence Westerly to a point in the said East Right of Way line, a
distance of 9QfeetNortherly, measured~said..Ba&t~f W&y~mn--. -.
the Point of Beginning; thence Southerly along said East Right of Way line, a
distance of90 feet to the Point of Beginning. (the ''Property'').
-
SUBJECT TO covenants, easements and restrictions of record; matters of plat;
existing zoning and governmental regulations; oil, gas and mineral rights of
record if there is no right of entry; and real estate taxes for the year 2005 and
subsequent years.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining; and the Grantor does hereby fully warrant the title to said
land, and will defend the same against the lawful claims of all persons whomsoever.
, "
. -
'"
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,*, . .,.
lilt" ._'
.. lIit ~S WBEllEOF, I have hereUI1lO set my nand and seal.. oftbe day and year
first above written.
, ",' ~";:
Sipatureof Wi .
~rint~dNa.me: :"J
: ... ~
Signed, seated and delivetdd
in the presence of:
1/
r;e I df'l'U.t 11
gnature of Witti!
Printed Name: J~r r" J' I-e I 'drn ?VI
Eckols '76, Ltd., a Florida limited
partnership
BY:~ p /I-
Nonnan D. OlsOn, General partner
It!'. '\t~ltt;,:"
-.;,} h'F'.~"
:i"
.f"
Eckols '86, Ltd., a Florida limited
partnership
By:ft .~- #i.-~
Nonnan D. Olson, General partner
By: Eckols Inc., a Florida corporation,
General Partner
By: ~. -il ,.i-
.., -Nonnari D. OIson;PresfcIenC'
NOTARY ACKNOWLEDMENT ON NE
_ XTPAGE
-2 -
..
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....,
STATE OF FLORIDA )
:ss.
COUNfY OF PALM BEACH )
The foregoing instrument was aclmowledged befure me this J.. ~ day of February,
2005, by Norman D. Olson, General Partner of Eckols '76, Ltd., a Florida limited partnership,
Eckols '86, Ltd., a Florida limited partnership and as President of Eckols, Inc., a Florida
corporation, General p. artner of Eckols '86, Ltd., a FIOri~ limited p~~hip~ who is ( )
personally known to xp.e or ( ) wllo has pr~duced P. '- as 1 . fication.
.
~ DONNAFEAFWG
i'A":! MY COMMISSION I DO 006825
. . EXPIRES: May 19, 2005
llGndId Thru Notary NIlIc UIld<<w1tln
Printed Name of Notary
My Commission Expires:
FLADOCS 2C>6939vl (F~S-#206939-VI-EckOJs..DeCd.DOC)
- --_.- _._-_.-.-.~.._..__..-._._-'--_.... .--...---' ...._.. - - ---
----.---- _.- - -.-' _.-
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ARTICLES OF INCORPORATION
/-'_.~ ~
\.
-"'-J'
OF
FILED
lOO!1 MAY -b P 4: 58
. SECRETARY OF STAiE
1AllMIASSEE. FlORf6A
The undersigned subscriber to these Articles of Incorporation is a natural person
competent to contract and hereby form a Corporation for profit under Chapter 607 of .
the Florida Statutes.
NIG.EL DEVELOPMENT, INC.
ARTICLE 1 - NAME
The name of the Corporation is NIGEL DEVELOPMENT, INC., (hereinafter,
"Corporation").
ARTICLE 2 - PURPOSE OF CORPORATION
The Corporation shall engage in any activity or business permitted under the
laws of the United States and of the State of Florida.
ARTICLE 3 - PRINCIPAL OFFICE
\.J The address of the principal office of this Corporation is 3395 North Dixie Hwy,
Suite 5, Boca Raton, Florida 33431 and the mailing address is the same.
ARTICLE 4 - INCORPORATOR
The name and street address of the incorporator of this Corporation is:
Elsie Sanchez
1 840 Southwest 22 Street, 4th Floor
Miami, Florida 33145
ARTICLE ~l - OFFICERS
The officers of the Corporation shall be:
President:
Vice-President:
Secretary:
Treasurer:
Jaime Mayo
Michael Hanlon
Adam Rydzewski
Adam Rydzewski
whose addresses shall be the same as the principal office of the Corporation.
~
. SPIEGEL & UTRERA, P.A.
LAWYERS
. www.amerilawyetl.com
1840 CORAL WAY, 4m FLOOR, MIAMI, FL 33145 - (305) 854-6000 - (800) 603-3900 - FACSIMILE (305) 857-3700
MAILING ADDRESS - POST OFFICE Box 450605, MIAMI, FL 33245-0605
NIGEL DEVELOPMENT, INC.
Page 2
'--.) ,
ARTICLE 6 - DIRECTOR(S)
The Director(s) of the Corporation shall be:
Jaime Mayo
Michael Hanlon
Adam Rydzewski
whose addresses shall be the same as the principal office of the Corporation.
ARTICLE 7 - CORPORATE CAPITALIZATION
7. 1 The maximum number of shares that this Corporation is authorized to
have outstanding at any time is TEN THOUSAND (10,000) shares of common stock,
each share having the par value of ONE CENT ($.01).
7.2 All holders of shares of common stock shall be identical with each other
in every respect and the holders of common shares shall be entitled to have unlimited
votinfl rights on all shares and be entitled to one vote for each share on all matters on
which Shareholders have the right to vote.
7.3 All holders of shares of common stock, upon the dissolution of the
\....J Corporation, shall be entitled to receive the net assets of the Corporation.
7.4 No holder of shares of stock of any class shall have any preemptive right
to subscribe to or purchase any additional shares of any class, or any bonds or
convertible securities of any nature; provided, however, that the Board of Director(s)
may, in authorizing the issuance of shares of stock of any class, confer any
preemptive right that the Board of Director(s) may deem advisable in connection with
such issuance.
7.5 The Board of Director(s) of the Corporation may authorize the issuance
from time to time of shares of its stock of any class, whether now or hereafter
authodzed, or securities convertible into shares of its stock of any class, whether now
or hereafter authorized, for such consideration as the Board of Director(s) may deem
advisable, subject to such restrictions or limitations, if any, as may be set forth in the
bylaws of the Corporation.
7.6 The Board of Director(s) of the Corporation may, by Restated Articles of
Incorporation, classify or reclassify any unissued stock from time to time by setting
or changing the preferences, conversions or other rights, voting powers, restrictions,
limitations as to dividends, qualifications, or term or conditions of redemption of the
stock.
'v .. SPIEGEL & UTRER,\ RA.
LAWYERS
www.amerilawyer4.com
1840 CORAL WAY, 4TH FLOOR, MIAMI, FL 33145 - (305) 854-6000 - (800) 603-3900 _ FACSIMILE (305) 857-3700
MAILING ADDRESS - POST OFFICE Box 450605, MIAMI, FL 33245..()6()5
NIGEL DEVELOPMENT. INC.
Page 3
/' . "-.) ,
ARTICLE 8 - SHAREHOLDERS' RESTRICTIVE AGREEMENT
All of the shares of stock of this Corporation may be subject to a Shareholders'
Restrictive Agreement containing numerous restrictions on the rights of shareholders
of the Corporation and transferability of the shares of stock of the Corporation. A
copy of the Shareholders' Restrictive Agreement, if any, is on file at the principal
office of the Corporation.
ARTICLE 9 - POWERS OF CORPORATION
The Corporation shall have the same powers as an individual to do all things
necessary or convenient to carry out its business and affairs, subject to any limitations
or restrictions imposed by applicable law or these Articles of Incorporation.
ARTICLE 10 - TERM OF EXISTENCE
This Corporation shall have perpetual existence.
ARTICLE 11 - REGISTERED OWNERfS)
\......J The Corporation, to the extent permitted by law, shall be entitled to treat the
person in whose name any share or right is registered on the books of the Corporation
as the owner thereto, for all purposes, and except as may be agreed in writing by the
Corporation, the Corporation shall not be bound to recognize any equitable or other
claim to, or interest in, such share or right on the part of any other person, whether
or not the Corporation shall have notice thereof.
ARTICLE 12 - REGISTERED OfFICE AND REGISTERED AGENT
The initial address of registered office of this Corporation is Spiegel & Utrera,
P.A., located at 1840 Southwest 22 Street, 4th Floor, Miami, Florida 33145. The
name and address of the registered agent of this Corporation is Spiegel & Utrera, P.A.,
1840 Southwest 22 Street, 4th Floor, Miami, Florida 33145.
v
o SPIEGEL & UTRERA, RA.
LAWYERS
www.amerilawyer~.com
1840 CORAL WAY, 4TH FLOOR, MIAMI, FL 33145 - (305) 854-6000 - (800) 603-3900 - FACSIMILE (305) 857-3700
MAILING ADDRESs - POST OFFICE Box 450605, MIAMI, FL 33245-0605
- NIGEL DEVELOPMENT, INC.
Page 4
-0
ARTICLE 13 - BVLA WS
The Board of Director(s) of the Corporation shall have power, without the
assent or vote of the shareholders, to make, alter, amend or repeal the Bylaws of the
Corporation, but the affirmative vote of a number of Directors equal to a majority of
the number who would constitute a full Board of Director(s) at the time of such action
shall be necessary to take any action for the making, alteration, amendment or repeal
of the Bylaws.
ARTICLE 14 - EFFECTIVE DATE
These Articles of Incorporation shall be effective immediately upon approval of
the Secretary of State, State of Florida.
ARTICLE 15 - AMENDMENT
\---..J
The Corporation reserves the right to amend, alter, change or repeal any
provision contained in these Articles of Incorporation, or in any amendment hereto, or
to add any provision to these Articles of Incorporation or to any amendment hereto,
in any manner now or hereafter prescribed or permitted by the provisions of any
applicable statute of the State of Florida, and all rights conferred upon shareholders
in these Articles of Incorporation or any amendment hereto are granted subject to this
reservation.
'"--,,,'
o SPIEGEL & UTRERA, P.A.
LAWYERS
www.amerilawyer4.com
1840 CO:1AL WAY, 4TH FLOOR, MIAMI, FL 33145 - (305) 854-6000 - (800) 603-3900 _ FACSIMILE (305) 857-3700
MAILING ADDRESS - POST OFFICE Box 450605, MIAMI, FL 33245-0605
..
IN WITNESS WHEREOF, I have hereunto set my hand and seal, acknowledged
-"'-.J and filed the foregoing Articles of Incorporation under the laws of the State of Florida,
this APR 0 5 2004
ACCEPTANCE OF REGISTERED AGENT DESIGNATED
IN ARTICLES OF INCORPORATION
Spiegel & Utrera, P.A., having a business office identical with the registered
office of the Corporation name above, and having been designated as the Registered
Agent in the above and foregoing Articles of Incorporation, is familiar with and accepts
the obligations of the position of Registered Agent under the applicable provisions of
\....J the Florida Statutes.
Spiegel & Utrera, P.A.
'-J
. sPIEGEl & UTRERA, RA.
LAWYERS
www.amerilawyet4.com
1840 CORAL WAY. 4TH FLOOR, MIAMI, FLORIDA 33145 - (305) 854-6000 - (800) 603-3900 - FACSIMILB (30S) 8S7-37oo
MAU.JNO ADDRESS - PoST OFfICE BoX 450605, MIAMI, PL 3324S-060S
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