Height Exception Application (2-2011)
CITY OF BOYNTON BEACH 1 PLANNING & ZONING DIVISION 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Phone: (561) 742-6260 City Applications and Codes Accessed Via Website www.boynton-beach.or
gwww.amlegal.com/boynton-beach_fl.us 11-01-2010 HEIGHT EXCEPTION APPLICATION I. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as an original
to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. In addition to the original, provide a copy of the
completed application as part of the submittal, and pay the applicable fee as adopted by the City Commission. This process is further described in Chapter 2, Article II, Section 4.C
of the Land Development Regulations. A. PRE-APPLICATION CONFERENCE*: Yes: _____ Date(s): ________________________________ * Pursuant to Chapter 2, Article II, Section 1.C.2 of the Land
Development regulations, a pre-application conference shall be required prior to the submittal of this application. B. PROJECT INFORMATION: 1. Name: __________________________________________________
____________________ 2. Exception Sought*: ____________________________________________________________ ____________________________________________________________________________ __________________
__________________________________________________________ * Describe the height exception, including the corresponding chapter(s), article(s), and section(s) of code. Any proposed design
element that will be incorporated into the project to help offset or mitigate the subject height exception shall be described above or in the attached report, as required pursuant to
Part II.B of this application. 3. Site Plan: Is this request for height exception approval in connection with site development? Yes*: _____ No: _____ * If yes, pursuant to Chapter 2,
Article II, Section 4.C.1.b of the Land Development Regulations, the applicant shall be required to complete a site plan application and submit it concurrently with this request for
height exception approval. The Director of Planning and Zoning or designee may waive any site plan application submittal requirement if determined to be unnecessary for the comprehensive
review of the subject height exception. Office Use Only Corresponding Site Plan File #: ________________________________ 4. Existing Land Use Classification (from Future Land Use Map):
__________________________ 5. Existing Zoning District (from Official Zoning Map): ___________________________________ 6. Parcel Control Number (PCN)*: ____ -____ -____ -____ -____ -______
-_______ CTY RNG TWP SEC SUB BLK LOT * List all PCN’s on an attached addendum for applications comprised of multiple lots. 7. Address and Legal Description*: _________________________________________
_________ ____________________________________________________________________________ * Provide on attached addendum if more space is needed.
2 8. Parcel Size (in square feet /acres): _______________________ /_______________________ C. APPLICANT: 1. Name: ______________________________________________________________________
Company Name: ______________________________________________________________ 2. Address: ____________________________________________________________________ City: _______________________________
State: ________________ Zip Code: __________ Phone: _____________________________ Email: ___________________________________ 3. Interest in Property (check one)*: Owner ( ), Lessee (
), Contract Purchaser ( ) * Include a copy of the last recorded Warranty Deed with all applications. a. Include written consent of all property owners of record if subject property is
under joint or multiple ownership; b. If a lessee, include a copy of the Lease Agreement and written consent of the owner(s); c. If an authorized agent, include a copy of the Agent Agreement
or written consent by the seller(s) and owner(s); d. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that
such representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact, an officer of the corporation
or other business entity; or e. If a contract purchaser, a copy of the Purchase Contract and written consent of the seller(s) and owner(s). D. PROPERTY OWNER INFORMATION: 1. Name of
Property Owner (Trustee): _______________________________________________ 2. Owner Address: ______________________________________________________________ City: _______________________________
State: ________________ Zip Code: __________ E. AGENT INFORMATION*: 1. Name: ______________________________________________________________________ * All correspondence will be mailed
to the agent unless there is no agent of record, in which case, all correspondence will be mailed to the applicant. This party will receive agendas, letters, and other material. Company
Name: ______________________________________________________________ 2. Address: ____________________________________________________________________ City: _______________________________
State: ________________ Zip Code: __________ Phone: _____________________________ Email: ___________________________________
3 F. AUTHORIZATION OF AGENT: Signature of authorized agent. Date Signature of Owner(s) or Trustee, of authorized principal if property is owned by a corporation or other business entity.
OR Date Signature of contract purchaser (if applicant). Date G. CERTIFICATION: (I) (We) understand that this application and all papers and plans submitted herewith become part of the
permanent records of the Planning and Zoning Division. (I) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of
(my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of authorized principal if
property is owned by a corporation or other business entity. Date OR Signature of contract purchaser (if applicant). Date A representative must be present at all Development Application
Review Team (DART) meetings, Planning and Development Board meetings, and City Commission meetings held to review this project. II. MANDATORY PLANS, EXHIBITS, AND REPORTS: The applicant
shall be required to submit to the Planning and Zoning Division, 12 sets of each of the following plans and reports. The requirement to submit any of the plans or exhibits listed hereunder
may be waived at the discretion of the Director of Planning and Zoning or designee when deemed unnecessary for the comprehensive review of the subject request for height exception. Each
plan shall be contained entirely on one (1) sheet of paper (sized 24” by 36”), unless the resulting scale causes the drawing to become illegible. In these instances, multiple sheets
are allowed, provided that a key sheet is also used in the submittal. A. PLANS AND EXHIBITS: 1. ARCHITECTURAL ELEVATIONS: Prepared and sealed by a professional architect or engineer
registered in the State of Florida. The drawings shall clearly illustrate all proposed building and /or structure elevations, including the area where the appurtenance or structure exceeds
the maximum allowable height of the zoning district.
2. ROOF PLAN: Prepared and sealed by a professional architect or engineer registered in the State of Florida. The drawings shall illustrate the rooftop and demarcate the area(s) requiring
the height exception. A tabular summary shall be required to indicate the percentage of the roof that complies with the maximum height of the zoning district, compared to that portion
of the roof which exceeds the maximum height allowed. 3. VISUAL IMPACT ANALYSIS (VIA): The applicant shall be required to submit a Visual Impact Analysis (VIA) in order to more effectively
and comprehensively evaluate a request for height exception. The VIA shall include a Line-of-Site Analysis, which may be accomplished by submitting a two (2)-dimensional cross-section
of the site illustrating the proposed building elevations or structure in relation to abutting rights-of-way and properties. B. REPORTS: In an attached addendum, the applicant shall
be required to provide written responses that address the review criteria of Chapter 2, Article Article II, Section 4.C.3 of the Land Development Regulations. The Planning and Development
Board and City Commission shall review this justification when evaluating each request for height exception approval. In addition, the applicant shall also describe any proposed design
element or attribute which might offset or mitigate the potential impacts of the height exception. III. PUBLIC NOTICING REQUIREMENTS: Pursuant to 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: A. MAILING: The applicant shall mail (by first class mail) a notice of public hearing to the Planning and Zoning Division, and
to all individuals and associations owning or having control over land located within 400 feet of the boundary line of the subject property for which the quasi-judicial hearing is required.
All notices shall be mailed and postmarked no less than 10 calendar days before the public hearing. Palm Beach County Property Appraiser Office Attention: Mapping Division 4 Downtown
Service Center South County Office301 North Olive Avenue 501 South Congress AvenueWest Palm Beach, Florida 33401 Delray Beach, FL 33445Phone: (561) 355-2881 Phone: (561) 276-1250Fax:
(561) 355-3881 B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 10 calendar 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.
C. POSTPONEMENT: 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. D. CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS: 1. Applicants who wish to utilize City electronic media equipment for presentations at City Commission Public Hearings
must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting; 2. The notification is to include the scope of support to be provided,
including the corresponding agenda item, type of media, materials and equipment needed, along with contact information for the applicant; 3. The department representative will notify
the I.T.S. Department at least two (2) working days prior to the Commission Meeting to schedule technical support; 4. A copy of the items to be presented must be delivered to the I.T.S.
Department no later than 6:00 p.m. on the working day preceding the Commission Meeting. At the conclusion of the meeting, these items will be returned to the department representative
who originated the request; 5. In the event that media or materials are defective, I.T.S Department. will notify department representative by noon of the day of the meeting. 6. At least
thirty minutes prior to the Commission Meeting, non-City individual will meet with I.T.S. Department representative to finalize procedures. 5
6 E. AFFIDAVIT: AFFIDAVIT 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 a minimum of 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 and proximity to the abutting right-of-way. Sincerely, _____________________________ Applicant /Agent Notary Public, State of Florida Cc: Planning & Zoning
Department S:\Planning\Forms\Applications\New Applications (LDR Rewrite)\Height Exception.doc