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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org January 7,2008 Mr. Jason Mankoff Weiner & Aronson 102 N. Swinton Avenue Delray Beach, Florida 33444 RE: File No.: Location: Boynton Mausoleum MSPM 07-006 1611 N. Seacrest Blvd. Dear Mr. Mankoff: Enclosed is the Development Order granted by the City Commission on January 2, 2008. The major site plan modification approval is valid for eighteen months from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension requested prior to expiration. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART member for additional clarification of comments. Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. ~j~~/jlS- Mkkael W. Rumpf Director of Planning & Zoning Ene. Development Order with Conditions of Approval S :\Planning\SHARED\ WP\PROJECTS\Boynton Mausoleum\Approval Letter.doc T' DEVELOPMF~T ORDER OF THE CITY COMMI~,,~.tON OF THE L _ . Y OF BOYNTON BEACH, FLORtt..A APPLICANT'S AGENT: Weiner & Aronson, P.A. JP,~ Development P&Z Building Engineering Occ. License Deputy CIty Clerk PROJECT NAME: Boynton Mausoleum APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2008 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for the addition of an approximately 3,162 square feet mausoleum building, on a 0.93 acre parcel. LOCATION OF PROPERTY: 1611 S. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 01-01{- 08 S :\Planning\SHARED\WP\PROJECTS\Boynton Mausoleum\DO .doc ,..., ~ f -( EXHIBIT "C" Conditions of Approval Project name: Boynton Mausoleum File number: MSPM 07-006 Reference: 2nd review plans identified as a Major Site Plan Modification with an October 30, 2007 Planning & Z . d t ki omng ate s amp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic .-----. -.----.--.- -- - ._-,-".~_.._----_. I-- X - Comments: None UTILITIES Comments: 1. LDR Chap. 3, Art. IV, Sec. 3(0) requires Master Plans to show all utilities X on or adjacent to the property. The plan must therefore show the (any) point of service for water, and the proposed off-site utilities construction needed in order to service this project. This would include any irrigation systems currently in use. 2. Any and all utility easements shall be shown on the rectified site plan and X any landscaping drawings so that we may determine which appurtenances, trees or shrubbery may interfere with potential utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Chap. 7.5, Art. I, Sec. 18.1 give public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. FIRE Comments: None X POLICE Comments: None X ,.# " Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 3. The proposed site plan is reflecting several drywells (on the west side of the X proposed building). Provide drainage calculations showing the amount of rainfall to be retained on-site. 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION , - Comments: 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 7. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: A) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." B) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the DEPARTMENTS INCLUDE REJECT drawings titled site plan, floor plan and paving/drainage (civil plans). 10. At time of permit review, submit separate surveys of each lot, parcel, or X tract. 11. Add a general note to the site plan that all plans submitted for permitting X shall meet the City's codes and the applicable building codes in effect at the time of permit application. 12. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 13. The full address of the project shall be submittedvvitli the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. A) Palm Beach County, Planning, Zoning, & Building Division, 100 .'--,'.- -Australi'iin-A venue-, -West Palm-Bead;', FlOrida(Sean Mcb()n~Licl-5 61- 233-5013). B) United States Post Office, Boynton Beach (Michelle Bullard-561-734- 0872). 14. Sheet A 1 - The bottom of all footings shall be a minimum of 12 inches X below grade per the FBC Sect 1805.1. Revise the note on Sheet AI. PARKS AND RECREATION Comments: 15. Plant sizes do meet minimum dimension requirements within the code. X Please correct. 16. Irrigation should have 110% coverage. X 17. The use of cypress mulch is prohibited. X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 18. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. '.( .' o o Conditions of Approval 4 I DEP ARTMENTS I INCLUDE I REJECT I 19. The applicant is responsible for compliance with Ordinance 05-060, the" Art X in Public Places" program and must demonstrate their participation. 20. Modify the plans and/or the proposed mausoleum building to show the X placement of the building in the area described in Exhibit "A" of the 1978 Agreement between the City and Boynton Beach Mausoleum, Inc. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: -.-. ....---. ----- -.-----.... _on To be determined. ~ S :\Planning\SHARED\ WP\PROJECTS\Boynton Mausoleum \COA.doc . Boynton Mausoleum 1611 S. Seacrest Blvd EXHIBIT A " .f -'''.'' ",J--' ~- ......c:.~'llllllt.t;Io\......a.. T-. Q.'CIlo ~a.~ 4. ~. ~ .c::. PL.......... -r B..IIC"C ~ -r~~c:::.T .. c..- I IG' o RlV I' 0' l:r:J X == H tEl H to3 ~ r~ > tI) (' 0 , I c:: .. to3 ~II. l:" ;C H 0 Z l:r:J ", t:l OJ ." H Z_ I . .~ G5. \- -0 t:l .> l,.\ , I .. 1.1 :,; " (il v' ~ tEl ,.1 . 0 f,) .. ~ to3 0 Z tEl l:r:J > i.l == '" :;:: l:r:J :;:: 0 :Xl, Hn ~ l:"~ 'tl > :Xl ~ ... ,- ~ _.,;.:;.,...--.o.':ftIo..... . mJ1IU ill!!l! ~ ~!i 11.1 1.5 s~ ~ ~~@ l~ 1 IBi ~~i .;~ hi II! ill iih~~n~ &IU1eU Pi i!!;111 Jjj !'Ii~. * 6h~1e fi 6 'iB~U E !!I I:!-h;d . ulh~ .~. '0 h~ ;" l il I I I I i L.... ""'" . .......,.~ __ .IU!:._ I h Ii / ?! ~i .. I I ij,":'':' ~ :.. ~'.;' i Ii I I .'''' .. .. . . " ... " ' .~ ',~ ':, : I '. . .~ I 11111 ~II m I~m , l!l~~ ~ ~ii ~ i! l ~~ ~ tl= ~ 12 I ~n ~~~ "~l1i iii!! ffl a-~.~!l; ~i ~~ ~ ~ ~ w 2S99ii!~ /'=/'=/'=~i~ ~ ~);HllI~' I ~g ;'''Ih ,. " ,Jill; - ____.M ~ f , I i d r i .' ,I~ '.[.i :">',:." .J' ',I ~Iii~~ U tl ijfi~ ilji" m ~~M b~ (p ~ _ d 9~ ~ ~ fi~ ~ ~ 2i jlg ~ ~i iil. ~ ~ EXHIBIT'S ... to o ~ ~ ~ tJjO oZ ~ Z ~ o Z bj trj > n +-1;.. tJj trj > n ...~.. ~~ S> ~C >(fJ o t;~ ~~ Ole:::; ~ ~ Z n r ' I S If :~ ~ L~ ~ ;1 ~ ~ ~2i lil il i!; ~~'l .. l' 2 Q !:!; ! 8 n u ~ iU~ ~~ "/;;ttt ~ ~ I 'f .. ............... w - m 0 i~ ~~ ~~i~~ ~qs Ii lUll u ~ - ~ i! G ! I; ~ ~~~ i~ I .. ;: t ~ 6;1 ;'1ln~t ~ e BOYNTON MAUSOLEUM ADDITION ; ~ =;j~ BOYNTON BEACH MAUSOLEUM INC. .. B iIi !!l! "'1 BO\ITH SEACREST BOULEVARD ~, BOYNTON BEACH FLORIDA 33435 'Ml[ SUBMlTTU I ~ 22 OCT D'7 IlELfASt FOR maMn/ClIDfT JIEVIlW 28 ocr JDt7J ~ NIt a.or l:XUENfS a ocr fI/I11 __._.~.1[_"'CIIW!i~ IlIIEUASt fat B\.DC. DP'T. .... IlElEASt""'CONS11lUCTJOIl lNIn'. B. MmCt. MICHfItCT 1315 WEST LIIUm' IWENU[ ~ PBHM..\WrM 15226 412-57t-B576 - --_........._....__...._'-'-.,.~ .~ ._--...--,._-_........~_..~_....., ...-.--...--- .-....-.- .....-. ..-. ~ sc:/.Ai ~ !" J- . . --I if r r i I n Ii I ~ :I II III ~ q I~ ~ i I. Iii I I ~ .~ Ii q ~ II I) - n hi rl ~~ ;1; !~:~ ~ ~ 2;~ "I~i ; ~h : EI '.,_,". "cO',: ,1, "J' '~.J" .~: t; +.,+~ l -~T: j" :'T ~h-- :1': :J-:": 1 ,J t-:.: '1': ,: .t. jH.' I..;" #+ .., +'H~ 1~~~L::+~L2 ' ~ .'~ ::.:: >,' ~i; ,;,+"",(:::1 ':1. .:,: ::1::1":: ~ ~7': :1; ~ ~f~ ~;:" ~'Z" l~i i~i ~b ~I& -I -I ~m ~~ ~~ " t!! m r- m ~ .... 2 ~\ ! lk ~Ii J ~,- l'~l'g ~&~ ~-~- HH '" .....-eo _ " .' , " ,. .'X:.. ,~ : , : :': " , : I> : : ::: :>:\ : : '," : : .:'" .,';' ::,: : : .: ,: < I"': : : : " : " '. ., ,'. : : : : X r.r .< : ,:1:: " 'Z" " "'~ : -: " '>:1 : i~ .' '::,' : : ',' n : 01 : : : : : : : : : ~ .'" : .,,: :::: : : : >~ .- ::_"'" , . ... " T :,' " . .. il ':: >: ' , ::.:: :I:J : ,,:1 .:.-, . ~~ "T .,,, :::: ". : : I:: : " '. I ~: : . : : if. :.:: ,: .: : '" ..:' ' : : S 1.1 :::." : ': . : 'i . : : ~jl : , . : : .' . , ;",..' ~ .. " ......<1,.11. . " , ': " : ,)" : : ,:,-: . :::1,' .:: : : " -- ~ '.:. ::.' :: : : : "', " ~( 'J: , : : ~ ~~: . . .' '. .~ : : : . : : : : : . : : i I .~,,, ., ";!I."'";t::.!' ~ / f , " ., " , /!?;.'.~" g j~~ -~ ~~~ ~~ ~~~~$..~~~ ". I ~~~.~s: :\~:o.: " ~~...~ 'Z. I I~~~~~-~~? I ~'i'~l I I ~ :. ., ~ (.. . ~~~~~110 r, .' QI.' ,'.. ~ t ~ . h)J = 2'" i BOYNTON MAUSOLEUM ADDITION BOYNTON BEACH MAUSOLEUM INC. ;~H soutl-t SEACRESTBdUlEvARD ~lI!JlIll!i l'\,nilll1iI__ DlQt ...."..w; I ~ Z2 ocr 2ClO7 IIE1.E"ASE: FOR ~ III!WW :n 0C1.J11D7 EYIRD I'ER CUENJ IXMENR . 2ft ecT ZIllU7 __._..........ID....~ IlD.EAS[ FaR a.IJfC. DD'T. IBIEW IItUASt ... _ URR"I" B..umct. MaIIECf 1315 WESf l.-um' AIDLl( PmI8lIIOH fIENIS'l'lYNrl.l. 1&221 .,,,~t..,. l~..' . ,. , EXHIBIT B }L .- . ~ ~~- ;i~' ~~~~ U;,- f!1~ 'of ~ri - - - -- '.' . .,"t. . ;~. ~ ....f( "j'i : : > : :':, ;., :: : : ''':1- ~~,rl i-,. '>i' , " \ ..~'" .::: : I.. :- '" .- : : ill r. .- ;~ n~ . :,' ~b ~ '..~.. r 01 : .: .' , : . ' ': : : :" :: .. ~ .; :.; - II . : < : :,-' " ::':. ; ~. :- :',' : :-.; ~~ .; I.: : . : . : :,': : : : : : : : .. ." ---, .' ',;';' c', . ' ~--- ? :-: .. : :' : ):. .: .' .' . '.' , . .. ::::: : , - .., ,.; , . : . : .. , , : ....: " ;..; ,.:t" /? . , : : : : . " : : : : : :,;, : . /' : ;::,.. ~ : : ::. : : I.; : . " : . ~II , '..:. . . ,;::: '..,;.,; .;..,-:.. ~ :: I" , ,,' I:: -, : " , : I:' ,oT f. " , ; ". : ' :. ,.;': : . :;"'; ',' : : : F:S:.:'c',c,;<' ." ;...~.:;,'\ ..~~.\;;:~;.~c;~:.it:. / ; ~ ~~!,,:.(;'''':,,;il'>;'.;',:,;.taif. Ii! i" I ..,~~.~. , " ~ " ~ '-.' ; Ii u s~ l!~ ~(i> 5 t!! m r- m ~ .... ~ NElM 1'1'; .1lIUIWtl 1'1': LVL DC*ID "'-t El.S ESTaMttD Ir(: liE . mnntl '"', 1Ml"'! ~ ",-"'"'" Page 1 of I Bressner, Kurt From: Bressner, Kurt Sent: Monday, November 26,20078:36 AM To: 'Michael Weiner' Cc: Greene, Quintus; Rumpf, Michael; Cherof, James Subject: Application for Site Plan - Mausoleum Attachments: WeinerMausLtr111307 .pdf Michael, Per your letter of 11/13/07. I have signed the site plan application and will give to Quintus Greene for the file. attached a copy of the 1978 agreement from the official copy in the City Clerk's file as the exhibit for the application, As for meeting on the set-backs, this is a staff issue that needs to be addressed as part of their review and the full site plan review by the Planning and Development Board and the City Commission, Thanks, Kurt Bressner -- ---- -- ------ - --- - - -- - - ------- - - ----------- ---- Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. I 1/26/2007 ~ WEINER & ARONSON, P.A. ATTORNEYS AT LAW . The Clark H ou se 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com f6) ~ ~n~~rRI ~ NOVI3m l!:V ClTY MANAGER'S OFFrCE MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY O. SAFIER November 13, 2007 Via Hand Delivery Mr. Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Boynton Beach Mausoleum Our File No.; 0866002 Dear Kurt: Thank you for agreeing to sign the Boynton Beach Mausoleum application rAppllcation~) on behalf of the City of Boynton Beach ("City~). Enclosed please find a copy of the AppHcation for your signature on behalf of the City. This matter is currently scheduled to be heard by the Planning and Development Board on Tuesday, November 27, 2007 and the City Commission on Tuesday, December 18, 2007. Since it is critical that we maintain these dates, we have requested a meeting with you to discuss the project incfuding the following matters: 1. We were advised by City Staff that our initiat submittal was approximately eight (8) feet outside of the property tine of the parcel and this encroached onto another parcel owned by the City. The Planning Department asked us to relocate th~s building withfn the one (1) parcel, Althougl1 this is not the most aestl1eticaHy pteasing a fternative , and in our opinion, not the best architectural option, we nevertheless made this change to the plans. 2. After moving the building within the boun.dary of the existing parcel, City Staff then advised us that the proposed building is outside of the leased property and if we were to place the building and walkways within the supposed forty (40) feet of leased property, there would be ADA issues. We would like an explanation of why the City believes that the leased property is forty (40) feet wide. 3. We believe that it would be in the best interest of both parties to build the additional structure on the same property line as the existing building. Therefore, O:\OSBB002\Letter II) Kmt Bressner.No\'cmbe1 8, 2(}OTiloc , Page20t2 Mr, Kurt Bressner November 13, 2007 we wou[d like to meet with you to discuss whether the City would agree to allow us to do so. 4. Finally, we would like to confirm with you that the existing stained glass at the site is sufficient to meet the public arts ordinance requirement. We do understand that we will be responsible for the portion of funds to be donated, but we would like to confirm that the other requirement has been satisfied. We will make ourselves available to meet with you at your convenience. We certainly are pleased to include Mr. Quintus Greene, Mr. Michael Rumpf, James Cherot, Esquire or whomever ers you believe should be in attendance. We understand that the renewal of tne contract is a parate maUer. Thank you very mucn for your consideration in this matter. Very lru ~~. / ~~~~ Enclosure Cc: Mr, Quintus Greene (via hand-delivery w/enclosure) Mr. Micl1ael R'umpf (via hand-<:!elivery w/enctosure) Mr. Ed Breese (via hand-delivery w/enclosure) Mr. R. Brady Osborne (via telecopier & regular mail wlenctosure) James Cherof, Esquire (via telecopier & regular mail w/enclosure} Jason S. Mankoff, Esquire (w/endosure) O;',.oSBB002\Letter to Kurt Bressner,N()vember 8, 2007 ,doc ."11 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. I. GENERAL INFORMATION 1. Project Name: Boynton Mausoleum 2. Property Owner's (or Trustee's) Name: City of Boynton Beach Address: PO Box 310, Boynton Beach, Florida 33425 Phone: N/A Fax: ~ip Code) N/A --. .- 3. Applicant's name (person or business entity ill whose nam-e thisappiication is made): Boynton Beach Mausoleum, Inc. Address: 1611 South Seacrest Boulevard (Zip Code) Phone: 734 - 6404 Fax: 734 - 6405 Ifconlract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): Weiner & Aronson P A Address: 102 North Swinton Avenue, De/ray Beach, Florida 33444 (Zip Code) Phone: (561)900-0711 Fax:(561)272-6831 E-Mail: jmankoff@zonelaw.com 5. Correspondence to be majled to agent only; if no agent, then to applicant unless a substitute is specified below:* *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? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser 7. Street address of location of site: 1611 South Seacrest Boulevard 8, Property Control #(PCN) 08-43-45-33-23-001-0000 9. Legal description of site: Spp ~lln/PY 10. Intended use(s) of site: M,lIl"nIPllm 11. Architect: Barretta & Associates 12. Landscape Architect: Barretta & Associates 13. Site Planner. Barretta & Associates 14. Engineer: Barretta & Associates 15. Surveyor: O'Brien, Suiter & O'Brien, Inc. 16. Traffic Engineer: N/A 17. Has a site plan been previously approved by the City Commission for this property? Yes II. SITE PLAN The following information must be tilled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: PPGI 2. Zoning District: PU 3. Area of Site acres sq. ft. 4. Land Use - Acreage Breakdown: a. Residential, including acres % of site surrounding lot area of grounds b. Recreation Areas * acres % of site (excluding water area) c. Water Area acres % of site d. Commercial acres % of site e. Industrial acres % of site f. Public/Institutional acres % of site g. Public, Private and Canal rights-of-v"v'ay acres % of site h. Other (specify) acres % of site I. Other (specify) acres % of site 2 j. Total area of site _ acres % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover % of site a. Ground floor building area ("building footprint") acres b. Water area % of site acres c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. acres % of site d. Total impervious area % of site acres e. Landscaped area acres % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. % of site Other landscaped areas, acres g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas acres % of site h. Total pervious areas acres % of site i. _ _ h Total area of site % of site acres 6. Floor Area Residential N/A sq. ft. a. b. N/A sq. ft. Commercial/Office c. IndustriallWarehouse N/A sq. ft. d. N/A sq. ft. Recreational e. PublicllnstitutionaJ N/A sq. ft. sq. ft. f. +/- 3,162 (mausoleum) Other (specify) Other (specify) N/A sq. ft. sq. ft. g. h. Total floor area +/- 3,162 7. Number of Residential Dwellinq Units a. b. c. (1 ) (2) (3) Single-family detached sq. ft. nllnlpy N/A --,...._~~ sq. ft. Multi-Family (3 + attached dwelling units) Efficiency N/A 1 Bedroom N/A 2 Bedroom N/A dwelling units dwelling units dwelling units 3 (4) 3+ Bedroom ~ dwelling units d. Total multi-family N/A dwelling units e. Total number of dwelling units N/A 8. Gross Density N/A dwelling units per acre 9. Maximum height of structures on site 16.5 feet stones 10. Required off-street parkinq a. Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan. N/A N/A = = = b. Calculation of required # of handicap parking spaces N/A Number of handicap spaces provided on site plan N/A = 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 NOTICE TO APPLICANTS REZONING LAND USE AMENDMENT CONDITIONAL USE VARIANCE MASTER PLAN SITE PLAN MAJOR SITE PLAN MODlFICAITONS ADMINISTRATIVE APPEALS SITE PLAN TIME EXTENSION ABANDONMENT RELIEF FROM REQUIREMENTS OF THE SIGN CODE Per City Of Boynton Beach Ordinance 04-007 and 05-004 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 ten (10) calendar days prior to the hearing. 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 ofthe hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. 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 Revised 3/4/05 OR South County 501 S. Congress Avenue Delray Beach, FL 33445 561-276-1250 5 To the City Clerk - City Of Boynton Beach AFFIDA VIT RE: Property Address: Project Name: File #: lfWe, 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 ofthe 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. Sincerely, Applicant! Agent Notary Public, State of Florida Cc: Planning & Zoning Department 6 Typical Dimensions/Not to Scale Sign shall be legible from a distance of 100 feet. This is a sample. Please customize to accommodate your project information. , GO r-I PUBLIC HEARING NOTICE Dates: Times: Type of Application(s): Proposed Use(s): Location: City Commission Chambers, City Hall 100 East Boynton Beach Blvd. Information:Department of Development (561) 742-6265 24" 7 ~o~.:,-(vut 'U;q'^M r~UM-WtINt~A~VJi~'JI'i + 1-484 P OOZ/003 F-348 Ill. CERTIFICATION (I) rNe) understand that this application .and all papers and plans submitted herewith become a part of lhe permanent records of the planning and Zoning Division (I) rNe) hereby certify lhal the above statements and any statements or showings in any papers or plans submitted herewith are true 10 the best of (my) (our) knowledge and belief. This application will not be accepted unless si ned according to the instructions below. *" I( - Cl h' 01 Signat re of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other busIness entity. Date -7K L ,s'vM I :rlVe. )(~ /" ~ V .' 0 7 Date iV. AUTHORIZATION OF AGENT - (;Jr,;'Ne~ t- ,+/l4,:J,vSo.-,.) J 1..4. --- r/;"J.lol Date (I) (we) hereby designate the aboV&-slgned person as (my) (our) authorized agent in regard to this application. Signature 01 Owner(s) or Trustee. or Authorized Principal, if property Is owned by a corporation or other business entity. Date * e,"'N""~ ~>o(.."u'" ,T,^,,-. _~ b- Signature of contract purchaser (if applicant) 'l.-?-r~[)'l Date A REPRESENTATIVE MUST BE PRESENl AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (eRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 7t "S(~ NeD ~ ()W~ ~ . \).e... '7 e..-~\" \J'"t'\-eA <:; ~'1 ~ \ '> C; \) \, '\QCt 4-v ':-c.-.t \ 0..':> -0 Of I'Nl'I,u/1'c: I <<.:h .....:+- ~lIR18 RfSS N ER ~t'(~eJe..-. ~\h~ ~ e+r Cn'iM~N~Gt~cu ~L . ~. BO'iN10N St/\ n, r S'O 7 f'l-+oe-J t7 c:.ocM . 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 Vvith 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 pennits 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 hannless from any cost, expense, c1afm, ilabilfty'or any action which may arise due to their enfbfcementof the same. READ, ACKNOWLED~ND AGREED TO this 12day of tfr-t 5 '" L I . 20.Q;/ , J> /!;oy/VTDM 6~~ J:r~c O./)/tL.d--<J~~ (" . .~~ 7f.'----:: , !is .. + , Applicant ' Witn-.~lu;jJ.~'7.1 :J/ .. .. 9 CONCURRENCY REQUIREMENTS 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 Citys 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 ma)cimum density or intensity of use of land. 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 ofthe 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 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 '.vith the approved DRI. 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. 10 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 &Zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall submit to the Planning and Zoning Di'-.4sion the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A ExistinQ site characteristics map: A sealed sUNey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, tees and other vegetation and soils and topography. 2. . Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. ---..-, -.. . _._-.~.... .- 4. Existing elevations (comer, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures, -which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site de\elopment plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed benns, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations. including 11 height, exterior dimensions, exterior color and materials. 2. A colored elevation drawing (not mounted) showing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) E. Tabular Summary Containinq: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2.. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas! other paved areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street paoong spaces and number of loading spaces. Water bodies in acres and square feet. Height of buildings. 6. 7. F. Drainaqe plan: 1. 2. A separate scal~d drawing (at the same scale as the site de\elopment plan) showing . ' - . . - . .' elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter6, Article IV, Section 5 of these Land Development Regulations. 12 AGREEMENT THIS AGREEMENT, made and entered into this . ---- / /1 i .{. /: . . -,' :.J.r...'.. (... ",. I -r;.-.1 f' ~........ .;.,,' day of , 1978, by and between the City of Boynton Beach, Florida, hereinafter called "City" and Boynton Beach Mausoleum, Inc. , hereinafter called "Agent". WITNESSETH: In consideration of mutual promises and conditions hereinafter specified, the parties hereto agree as fellows: 1. The City shall set aside the property described in Exhibit A within the cemetery for a Mausoleum site. Agent agrees to deposit five percent (5%) of the gross sales of the Mausoleum units with the City, in addition to the deposit described in Paragraph 3 hereof, for the Perpetual Care Fund until the five percent (5%) deposit equals TWO HUNDRED THOUSAND DOLLARS ($200 ;000.00) . - 2. Agent shall construct in the first phase of the Mausoleum, a mini- mum of five hundred (500) crypts and two hundred (200) niches with a Chapel. Upon completion of each phase, the City shall provide maintenance for the completed phase. 3. Agent shall deposit fifteen percent (15gu) of the gross sales from the crypts and niches with the City for the Perpetual Care Fund. Agent shall pro- vide the City with a statement from a certified public accountant, authorized to do business in the State of Florida, at the end of each year, showing that the City has received the correct amount of funds. 4. In order to insure an adequate Perpetual Care Fund for the City once the Mausoleum complex is completely sold, Agent agrees to establish the following minimum selling prices for the units: Crypts: $700.00 Niches: $200.00 Bona fide residents of Boynton Beach shall be entitled to a discount on units purchased in the Mausoleum. 5. Agent shall provide the capital necessary to construct the Mauso- 1eum and Chapel and construction shall begin within twelve (12) months from date of approved plans and specifications. Agent shall agree to construct additional Mausoleum units when the first phase is eighty percent (80%) sold and subsequent phases on the same basis. 6. Agent shall provide all plans and specifications necessary for construction. Before construction commences Agent shall provide a payment and performance bond in favor of the City which shall guarantee the comp1e- - tion of the construction. In addition, Agent shall provide a mechanic's lien bond in favor of the City which shall provide that the property shall be free and clear of all mechanic's liens. 7. The City shall have the right to approve all plans and specifica- tions of the proposed complex. 8. Agent shall provide adequate landscaping, furniture, fixtures, paving and sprinkler system, in order to put the Mausoleum into operation. It is the intent of the parties that construction shall be a "turnkey" job. 9. City shall not enter into any other contract for the construction of a Mausoleum or for the sale of crypts or niches during the term of this agree- -2- ment. It is the intent of the parties that the Agent shall be the exclusive Agent for the City in the selling of services connected with the Mausoleum. 10. Agent shall not sell or transfer this contract without the approval of the City Council of the City. 11. The Agent shall indemnify and save harmless the City from all suits, actions, or claims of any character brought on account of any losses, penalties, injuries or damages claimed, received or sustained by any person, persons, or governmental body, or property, by or from the said Agent or by or in consequence of any neglect in performing under this agreement, or by or on account of any act or omission, neglect, or misconduct of said Agent, or from any claims or amounts arising or recovered under the Workmen's Compensation Law or of any other law s, by-law s, ordinances, orders or decrees. 12. The agreement shall be for a term of thirty (30) years. IN WITNESS WHEREOF, the said parties have hereunto set their hands at Boynton Beach, Florida on the day, month and year first above' written. CITY OF BOYNTON BEACH, FLORIDA ~~o~~ ATTEST: ~) ~-~ // ., .--t ;it t. '~}",F ol... . ,.,/f*l.,.~tj~c ~/ (SEAL) CH MAUSOLEUM, INC. "J AM ~. \~~/ /I ,--;r-=---=- ,"- //,. 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" ., ".9. ~ ~ :t . &. . .:. . .. ;.......3.~~;~~;~~~ ;.t~ , ",c ' " H" ':.J ~:ot I~- (_, .,-,.",," ,a,"" ..",.." ~;,:'.~.)L~Z-,;..'i:<;;2i~~1si~;ii:si}:~,~~f~;~~~;~~~~..:::1'~~~~ii~.~ ",._,,'" . .;.~~~;~;~::: . \?VEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER November 13, 2007 Via Hand Delivery Mr. Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 OO~@~aw~lP) NOV 1 3 2007 PLANNING AND ZONING DEPT. Re: Boynton Beach Mausoleum Our File No.: 05BB002 Dear Kurt: Thank you for agreeing to sign the Boynton Beach Mausoleum application ("Application") on behalf of the City of Boynton Beach ("City"). Enclosed please find a copy of the Application for your signature on behalf of the City. This matter is currently scheduled to be heard by the Planning and Development Board on Tuesday, November 27, 2007 and the City Commission on Tuesday, December 18, 2007. Since it is critical that we maintain these dates, we have requested a meeting with you to discuss the project including the following matters: 1. We were advised by City Staff that our initial submittal was approximately eight (8) feet outside of the property line of the parcel and this encroached onto another parcel owned by the City. The Planning Department asked us to relocate this building within the one (1) parcel. Although this is not the most aesthetically pleasing alternative, and in our opinion, not the best architectural option, we nevertheless made this change to the plans. 2. After moving the building within the boundary of the existing parcel, City Staff then advised us that the proposed building is outside of the leased property and if we were to place the building and walkways within the supposed forty (40) feet of leased property, there would be ADA issues. We would like an explanation of why the City believes that the leased property is forty (40) feet wide. 3. We believe that it would be in the best interest of both parties to build the additional structure on the same property line as the existing building. Therefore, O:\OSBB002\Letter to Kurt BressneLNovel1lber 8. 2007 doc Page 2 of 2 Mr. Kurt Bressner November 13, 2007 we would like to meet with you to discuss whether the City would agree to allow us to do so. 4. Finally, we would like to confirm with you that the existing stained glass at the site is sufficient to meet the public arts ordinance requirement. We do understand that we will be responsible for the portion of funds to be donated, but we would like to confirm that the other requirement has been satisfied. We will make ourselves available to meet with you at your convenience. We certainly are pleased to include Mr. Quintus Greene, Mr. Michael Rumpf, James Cherof, Esquire or whomever else you believe should be in attendance. We understand that the renewal of the contract is a .?'~parate matter. Thank you very much for your consideration in this matter. / Very trul y~urs, ../' ',I ~\:/ Mi~~\S einer MSW:vf. Enclosur'e Cc: Mr. Quintus Greene (via hand-delivery w/enclosure) Mr. Michael R'umpf (via hand-delivery w/enclosure) Mr. Ed Breese (via hand-delivery w/enclosure) Mr. R. Brady Osborne (via telecopier & regular mail w/enclosure) James Cherof, Esquire (via telecopier & regular mail w/enclosure) Jason S. Mankoff, Esquire (w/enclosure) O\OSBB002\Letter to Kurt Bressnel November 8, 2007,doc City C,,:i~s Accessed Via Website i r~-'-) e, f~~-r;:,----;--~---:=~---, www.bovnton-beach,orgl,;""""",'f:!1..[,,-1 - - ! I) .!"'"-.:.... '.,' I', . . ." I' I www.amlegal.comlbOynton_beach_fl.us.:..>..i--. ---< --'!,--~'_-l~~_ , !i f! ; '! ! ~ .f J ::' 1 ~ CITY OF BOYNTON BEACH, FLORIDA Ii Ii i i AUG 2 2 ; /!,' i PLANNING & ZONING DIVISION ~ ~ L. i 2007 i l~.-'/" SITE PLAN REVIEW APPLICATION FOR L __ i NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTJN _SITE Pii&.~/61i)i? --1 --"'~ Has applicant attended a pre-application meeting? Yes ,Date Auqust 2007 This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. lWELVE 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 SUBMIITAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. /. GENERAL INFORMATION 1. Project Name: Boynton Mausoleum 2. Property Owner's (or Trustee's) Name: City of Boynton Beach Address: PO Box 310, Boynton Beach, Florida 33425 Phone: N/A Fax: ~ip Code) N/A - . -. .. 3. Applicant's name (person or business entity in whose name thisappjjcatlonis made): Boynton Beach Mausoleum, Inc. Address: 1611 South Seacrest Boulevard (Zip Code) Phone: 734 - 6404 Fax: 734 - 6405 If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): Weiner & Aronson P A Address: 102 North Swinton Avenue, De/ray Beach, Florida 33444 (Zip Code) Phone: (561) 900 - 0711 Fax: (561) 272 - 68:11 E-Mail: jmankoff@zonelaw.com 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* *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? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser 7. Street address of location of site: 1611 South Seacrest Boulevard 8. Property Control #(PCN) 08-43-45-33-23-001-0000 ,-1 A _ . -, _..... A /'-.... ?"'> ....... / 9. Legal description of site: Spp Slln/F'Y 10. Intended use(s) of site: M;:!I Ic:nlPI 1m 11. Architect: Barretta & Associates 12. Landscape Architect: Barretta & Associates 13. Site Planner. Barretta & Associates 14. Engineer: Barretta & Associates 15. Surveyor: O'Brien, Suiter & O'Brien, Inc. 16. Traffic Engineer: N/A 17. Has a site plan been previously approved by the City Commission for this property? Yes 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: PPGf 2. Zoning District: PU 3. Area of Site acres sq. ft. 4. Land Use - Acreage Breakdown: a. Residential, including acres % of site surrounding Jot area of grounds b. Recreation Areas * acres % of site (excluding water area) c. Water Area acres % of site d. Commercial acres % of site e. Industrial acres % of site f. Public/Institutional acres % of site g. PubJic, Private and Canal rights-of-vvay acres 0/0 of sHe h. Other (specify) acres % of site I. Other (specify) acres % of site 2 j. Total area of site _ acres % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover % of site a. Ground floor building area ("building footprint") acres b. Water area % of site acres c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. acres % of site d. % of site Total impervious area acres e. Landscaped area acres. % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(9) of Landscape Code). f. % of site Other landscaped areas, acres g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas acres % of site h. Total pervious areas acres % of site i. Total area of site % of site acres 6. Floor Area Residential N/A sq. ft. a. b. N/A sq. ft. Commercial/Office c. IndustriallWarehouse N/A sq. ft. d. Recreational N/A sq. ft. e. Publicllnstitutional N/A sq. ft. f. +/- 3,162 (mausoleum) sq. ft. Other (specify) g. h. Other (specify) N/A sq. ft. sq. ft. Total floor area +/- 3,162 7. Number of Residential DwellinQ Units a. b. c. (1 ) (2) (3) Single-family detached sq. fl. nllnlpy N/A - -,....-.. sq. ft. Multi-Family (3 + attached dwelling units) Efficiency N/A 1 Bedroom N/A 2 Bedroom N/A dwelling units dwelling units dwelling units 3 (4) 3+ Bedroom ~ dwelling units d. Total multi-family N/A dwelling units e. Total number of dwelling units N/A 8. Gross Density N/A dwelling units per acre 9. Maximum height of structures on site 16.5 feet stories 10. Required off-street parkinq a. Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan N/A = N/A = = b. Calculation of required # of handicap parking spaces N/A Number of handicap spaces provided on site plan N/A = 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 NOTICE TO APPLICANTS REZONING LAND USE AMENDMENT CONDITIONAL USE VARIANCE MASTER PLAN SITE PLAN MAJOR SITE PLAN MODIFICAITONS ADMINISTRATIVE APPEALS SITE PLAN TIME EXTENSION ABANDONMENT RELIEF FROM REQUIREMENTS OF THE SIGN CODE Per City Of Boynton Beach Ordinance 04-007 and 05-004 No quasi-judicial proceeding shall proceed until proof of notice ofthe 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 ten (10) calendar days prior to the hearing. 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. 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 Revised 3/4/05 OR South County 501 S. Congress Avenue Delray Beach, FL 33445 561-276-; 250 5 To the City Clerk - City Of Boynton Beach AFFIDA VIT RE: Property Address: Project Name: File #: 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 p~blic hearing in accordance with City Ordinance 04-007. Attached are photographs of the signs showing their placement on the property. Sincerely, Applicant! Agent Notary Public, State of Florida Cc: Planning & Zoning Department 6 Typical Dimensions/Not to Scale Sign shall be legible from a distance of 100 feet. This is a sample. Please customize to accommodate your project information. .. (Xl ...-I PUBLIC HEARING NOTICE Dates: Times: Type of Application(s): Proposed Use(s): Location: City Commission Chambers, City Hall 100 East Boynton Beach Blvd. Information:Department of Development (561) 742-6265 24" 7 ~o-" -'V" J I v: q 111M r~ulVl-l'l~ INt I\MUr;~'JI~ t 1-464 P,OGZ/003 F-348 III. CERTrFICA TION (I) rNe) understand that this application ,and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewIth are true 10 the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Date Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity. 7K <;<' --- 1- Y ..' () 1 Date iV. AUTHORIZATION OF AGENT - (;Jt:;tA.iGI! t" It~~s.o-..) 11..4. -- --. r/;..JIOi Date . (I) (We) hereby designate tM .abo~-slgned person as (my) (our) authorized agent in regard 10 this application. Signature 01 Owner(s) or Trustee. or Authorized Principal if property Is owned by a corporation or other business entity. Date * e,"N~~~Uh1 ,r",<. Signature of contract purchaser (if applicant) 'l. - '). Y ,.. lJ'l Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (eRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 8 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 wth 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 stnct 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, iiabilftyor any action which may arise due to their enforCement of the same. READ, ACKNOWLED~ND AGREED TO this I2day ~f thc 5 '" L f . 202;;/' ~ J7 l3oy,.,ro~ 6~- J:r~c O/JN",J./:'J.A---- { . ~~ ~ ~ , itness ~ Applicant ' If./! W;Y:U ;// . . .. 9 loi.,.... CONCURRENCY REQUIREMEN1S 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 seNe 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, vvhich, 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, vvhich, in and by itself, would establish the density or intensity of use of land, or a ma>dmum density or intensity of use of land. . 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 ofthe 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 vvas 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 vvhich are consistent vlith the approved DRL 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. 10 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 conceming the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall submit to the Planning and Zoning Di'.4sion the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A ExistinQ site characteristics map: A sealed sUNey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural featur~sJ including but not limited to lakes, tlees and other vegetation and soils and topography. 2. . Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. ..-. '~-... . . --- - 4. Existing elevations (comer, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures,-which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, inclUding location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site dewJopment plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed benns, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including 11 height, exterior dimensions, exterior color and materials. 2. A colored elevation drawing (not mounted) showing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) E. Tabular Summary ContaininQ: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 5. Number and'ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. DrainaQe plan: 1. A separate scaJEld drawing (at the same scale as the site d_e\elopment plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. 2. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter6, Article N, Section 5 of these Land Development Regulations. 12 AGREEMENT THrs AGREEMENT, made nnd entered into this ~.1 C day of .---- . /:?--, (..<. (Cr- . 1978. by an d Qat", aan th a Ci ly of B ayn ton B a. ch , Florid a, hereina.fter called tlCity" und Boynton Beach l\1ausole\Jm, Inc. , hereinafter called "Agent". WITNESSETB: In consideration of mutual promises and conditions hereinafter specified, the PS1'ties hereto agree as follows: 1. The City shall sE?t aside the property described in Exhibit A within the cemetery for a Mousoleum sHe. Ii ". Q ---' --",-_, Jl_'''' '" jJ~ ".4.~ 6- "" r L ~ ... ~..~.- " .... ..,~ I J ~ , . -[.wILL.. 1 .. j~t- =..,1, ~.. ., . -- f. '" L' i' f [ ..' _ r ...... t"~!;UI:i'x .....~~ _ r ~..J o;'H!;{ ...... xl _ l.IIIlI. T _ " I ~'h kJ__ - I r ~. 2. Agent shall construct in the first phase Or-the MausoleulT1, n mini- mUm of five hundred (500) crypts anci two hundred' (200) niches with 0 Chapel. Upon completion of each phase, the City shall provide mainteliance for the completed phase. 3. A5,-"u\' d'1..:!I1 J-l:'vu" m,~~.----p",~ <;;<:;'11, \.l:'~h~--.:..v 5T'~\.. ...&1_ to 1h_ -~'l""L I J . ~~""~.. :U. 'I. - U'[J L... U..... r ...xi:''O'~=''''~~~ ~ .... blMI. A gent shall pro~ vide the City with a statement from a certified pUblic accountant, authorized to do business in the State of Florida, at the end of each year, Showing that the City h013 received the correct amount of funds. 1 : ment . . It is the intent of the parties Ihat Ihe Agent shall be the exclusive Agent for the City in the selling of servic()s connected with the Mnusolf!um. 10. Agent Shall not sell or transfer this contract without the appl'oval of the City Council of the City. 11. The Agent shall indemnify and sa.ve harmless the City from ull Suits. actions. or claims of any charaet.r brought on account of any losses, penalties, injuries or domag'es claimed. received or sustained by any person I persons. or governmental body, or property. by or from the said A gent or by or in aonsequence of any neglect in performing under this ogre.me,,!. or by or on account or nny act or omission, neglect, or misconduct of said Agent. or from any cla.ims or titnounts arising or. recovered under the 'Workmen's Co rnp en6 aU on I.aw or of any other law s. by-law s, ordinances. ord ers or deerees . 12. The agreement shull be 'for' a term of thirty (30) years. IN WrTNESS WHEREOF. the said parties hove hereunto SEll their hUl1ds Dt Boynton Beach, Florida on the day. month "and yeElr first above' written. ':'..... CITY OF BOYNTON BEACH, FLOH.IDA ATTEST: /'/ .:' " ~--.!l Hf.:~(::) .~'i~(f(r . .' f.J ~ , . (6 EAL) '4 -3- "APPRbVE~ ]r) f;,('fVV OI~Y-1 N vT .~~ '1(,) .(~J_~.bJ'l /L" '~,...- ~ "-',------ ..... ",' " . /r' .,--!'" .-............ ~ /.,.? ~it~ :Allorney '" .'._ -.... (~n~' ~ 71'// ' ,I ~-' ..." V ,-0 ~;1"--:'" . J) r ..' City Manager . ( AGREEMENT THIS AGREEMENT, made and entered into this . .--.r- " 1l6l~!'-tr' .:.(tJ day of , 1978, by and between the City of Boynton Beach. Florida, hereinafter called "City" and Boynton Beach l\lausoleum. Inc. , . hereinafter called "Agent". WITNESSETH: In consideration of mutual promises and conditions hereinafter specified, . the parties hereto agree as follows: 1. The City shall set aside the property described in Exhibit A within the cemetery for a Mausoleum site. Agent agrees to deposit five percent (5%) of the gross sales of the Mausoleum units with the City. in addition to the deposit described in Paragraph 3 hereof, for the Perpetual Care Fund until the five percent (5%) deposit equals TWO HUNDRED THOUSANI? DOLLA~S ($200 ;000.00). 2. Agent shall construct in the first phase of the Mausoleum. a mini-" mum of five hundred (500) crypts and two hundred (200) niches with a Chapel. Upon completion of each phase, the City shall provide maintenance for the completed phase. 3. Agent shall deposit fifteen percent (15 %) of the gross sales from the crypts and niches with the City for the Perpetual Care Fund. Agent shall pro- vide the City with a statement from a certified public accountant, authorized to do business in the State of Florida, at the end of each year. showing that the City has received the correct amount of funds. \.'~.":r '-h1~~'" .:- ,c< 'rt~."'I.". ~,."I"~" "'''' ' ":"F.. ,;'" '~.t~'7?;-' "._.~,t"~~'!l~~"'~""""""'~~!tl~~.,,r:;r~~l':':'~''NT'):r;~.:,, .:'t;.('n:'v""~ 4. In order to insure an adequate Perpetual Care Fund for the City once the Mausoleum complex is completely sold, Agent agrees to establish the following minimum selling prices for the units: Crypts: Niches: $700.00 $200.00 Bona fide residents of Boynton Beach shall be entitled to a discount on units purchased in the Mausoleum. 5. Agent shall provide the capital necessary to construct the Mauso- leum and Chapel and construction shall begin within twelve (li) months from date of approved plans and specifications. Agent sh811 agree to construct additional Mausoleum units when the first'phase is eighty percent (80%) sold and subsequent phases on the same basis. 6. Agent shall provide all plans and specifications necessary for construction. Before construction commences Agent shall provide a payment and performance bond in favor of the City which shall guarantee the comple- tion of the construction. In addition, Agent shall provide a mechanic's lien bond in favor of the City which shall provide that the property shall be free and clear of all mechanic's liens. 7. The City shall have the right to approve all plans and specifica- tions of the proposed complex. 8. Agent shall provide adequate landscaping. furniture. fixtures, paving and sprinkler system, in order to put the Mausoleum into operation. It is the intent of the parties that construction shall be a "turnkey It job. 9. City shall not enter into any other contract for the construction of a Mausoleum or for the sale of crypts or niches during the term of this agree- -2- ..~...~'" ' "-"'-"'~'''-~-''--~'''''"~' ......-..,.....''"''............-.-... ". '- - ...,........----...... ..._~.~.,- ment. It is the intent of the parties that the Agent shall be the exclusive Agent for the City in the selling of services connected with the Mausoleum. 10. Agent shall not sell or transfer this contract without the approval of the City Council of tl1e City. 11. The Agent shall indemnify and save harmless the City from all suits, actions, or claims of any character brought on account ~f any losses~ penalties, injuries or damages claimed, received or sustained by any person ~ - . persons, or governmental body, or property, by or from the said Agent or by or in consequence of any neglect in performing under this agreement ~ or by or on account of any act or omission, neglect, or misconduct of said Agent. or from any claims or amounts arising or recovered under the Workmenrs Compensation Law or of any other laws, by-laws, ordinances, orders or decrees. . 12. The agreement shall be for a term of thirty (30) years. IN WITNESS WHEREOF, the said parties have hereunto set their hands at Boynton Beach, Florida on the day, month and year first above" written. ,. I'} , . I ,I I CITY OF BOYNTON BEACH, FLORIDA ~P;.~ Emily M. 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