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LEGAL APPROVAL , . "" " '. ^'. !/ ORDINANCE NO. 88-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-2 (SINGLE & TWO-FAMILY RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL DISTRICT) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and 'WHEREAS, Siteworks Architects & Planners, Inc., agents for Juan Gavilan, Trustee, have heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of ordinances, City of ;f Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately .03 acres (f) located within the municipal limits of said City, said property being more particularly described hereinafter, from R-2 (Single & Two-Family Residential) to C-3 (Community .. Commercial District); and WHEREAS, the City Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: @ I' I: .. " .i I, il " The North 7 Feet of that certain Fourteen Foot Alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of Shepard Funk addition to the Town of Boynton Beach, as recorded in Plat Book 2, Page 15, Palm Beach County, Florida. Subject to restrictions, reservations, limitations, conditions, easements and agreements of record. Containing .03 acres, more or less. be and the same is hereby rezoned from R,;.,2 (Single and Two-Family Residential) to C-3 (Community Commercial District) which intensity is determined to be appropriate under the circumstances represented to ,the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and il 'I : ~ ,i :1 agents of the sUbject property for rezoning is hereby granted for the purpose of permitting the development of said land as Community Commercial District. Section 4: All ordinances or parts of ordinances in " " conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this t-tJ; day of December, 1988. ;dJ) ~ r- ii I. iI I, I ,I I SECOND, FINAL READING and PASSAGE this J)ecte m/;er , 1988 .d:., o?t? day of (Corporate Seal) II I 'I ;. II I, q Ii II i; CITY OF BOYNTON BEACH, FLORIDA (":;;?! 4 tr'(a.td~-<-- Mayor ~ v~r{li )k~.t ~~J~ Commissioner ~CJQ~, Commissioner ' ~;" J~~ Co issioner 6(iP I; """,,'" ,. ..-.-.-- - :i 'I .. :i ......-. ,.. ( II :1 ORDINANCE NO. 88-~9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO ,LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Land Use Plan and as part of said Plan a Land Use Element by Ordinance No. I 79-24 in accordance with the Local Government Comprehensive '; Planning Act; and WHEREAS, pursuant to an application by Siteworks Architects & Planners, Inc., a.s agents for Juan Gavilan, Trustee, a certain parcel of land more particularly described hereinafter has been evaluated according to the procedure for amendment of a Land Use Eleme~t of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and :, WHEREAS, after public hearing and study" the City commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF,THE CITY OF BOYNTON BEACH, FLORIDA,. THAT: Section 1 Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the Land Use of the following described land shall be designated Local Retail Commercial. Said land is more particularly described as follows: The North 7 feet of that certain Fourteen Foot Alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of Shepard Funk addi tion to the Town of BOYnton Beach, as recorded in Plat Book 2, Page 15, Palm Beach County, Florida. l1JE<:JaI"~I> 1 . ! , QCl2 p,-^NNlNG DEPT. 4@ - I' I ., I I ..I I I I I .., Subject to restrictions, limi ta tions , condi tions , agreements of record. reservations, easements and {0. Containing .03 acres, more or less. Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. I' ., section 4 : Should any section or provision of this " Ordinance or any portion thereof be declared by a court of , l: i competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. ;: Section 5: This Ordinance shall become effective I 'j immediately upon passage. FIRST READING this ~ d day of December, 1988. SECOND, FINAL READING and PASSAGE this de; -tit day lJe&.mbeY , 1988. of ,I " Ii II :j ., ;1 :i . .. C?~]NZ::7~ Mayor i' I ILl -e..<L-LiL-1 .... , I, I I; i. I I' j, I' ~?~ vAt- Commissioner L i c~erCJQ~ ~tJ~ Commissioner ATTEST: -Ar;)~ City C k (Corporate Seal) 2 . '" MEMORANDUM September 23, 1988 TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: KENTURCKY FRIED CHICKEN LAND USE ELEMENT AMENDMENT/REZONING Summary: Siteworks Architects and Planners, Inc., agent for Juan Gavilan, Trustee, is requesting that the Future Land Use Element of the Comprehensive Plan for a .0332 acre parcel be amended from "Medium Density Residential" to "Local Retail Commercial" and that this parcel be rezoned from R-2 (Single and Two Family Residential) to C-3 (Community Commercial). The property consists of the north half (7 feet) of a fourteen foot wide unimproved service alley which abuts the .56 acre vacant parcel at the northwest corner of East Boynton Beach Boulevard and N.E. 1st Street. The zoning district boundary is coincidental with the centerline of the alley. The applicant is proposing to abandon the fourteen foot wide service alley and to purchase the north seven (7) feet of this alley from the two property owners that abut the alley on the north side. The proposed use of the alley, if abandoned and rezoned, would be to incorporate it with the vacant .56 acre parcel which lies to the south and to develop it for a 2,357 square foot Kentucky Fried Chicken restaurant with a drive-thru window. The applicant has submitted an application for Conditional Use approval to permit the drive-thru window. The existing fourteen foot wide unimproved service alley currently provides access for City service vehicles, deliveries and public utilities. If abandoned and rezoned, the applicant is proposing to dedicate the necessary easements and to provide the necessary access for the remaining portion of the alley west of the site. The north seven (7) feet of the alley would be utilized for the construction of a buffer between the restaurant site and the R-2 zoned residences which abut the alley on the north side. The buffer would consist of a six (6) foot high stuccoed concrete block wall and interior landscaping. Surrounding Land Uses and Zoning (See attached zoning map): Abutting the property to the north, within the R-2 zoning district, are two single-family homes which have frontage on N.E. 3rd Avenue. These homes are in fair condition. Abutting the property to the east is a fifty (50) foot wide right-of-way for N.E. 1st Street. Further to the east, across N.E. 1st Street, is a car wash zoned C-3, Community Commercial. Abutting the, property to the south is the remaining seven feet of the service alley. Further to the south is the .56 acre proposed restaurant site which is currently vacant. Abutting the property to the southwest is a small office building zoned C-3 which is occupied by two attorneys. Abutting the property to the west is the remaining portion of the fourteen foot wide service alley. Present Zoning: Under the current zoning, the subject parcel is platted as the north half of a fourteen foot wide unimproved service alley which is owned by the public and could be used for no other purpose than for the provision of public access and for utilities. Abandonment and Rezoning: Abandonment of the alley and rezoning of the north seven (7) feet to C-3 would allow the applicant to purchase the north seven feet from the two abutting property ~~ -2- . · owners and to incorporate it as a buffer for the restaurant site if the Conditional Use application is approved. Comprehensive Plan-Future Land Use Map: The subject property is shown on the Comprehensive Plan Future Land Use Element as "Medium Density 'Residential," so an amendment to the Future Land Use Element to "Local Retail Commercial," as requested by the applicant, would be necessary. Comprehensive Plan Text: The following Comprehensive Plan Policies are relevant to this Conditional Use application: "Provide a suitable living environment in all neighborhoods." (p. 6) "Provide a range of land use types to accommodate a full range of services and activities." (p. 7) "Eliminate existing and potential land use conflicts." (p. 7) "Encourage the development of complementary land uses." (p. 7) "Encourage the development of commercial land uses where accessibility is the greatest and where impacts to residential uses are minimized." (p. 7) "Provide for efficient and safe movement within the City." (p. 7) Issues/Discussion: 1. Whether development of this property for commercial uses will have an adverse impact on surrounding residential properties or would increase traffic hazards in the vicinity. since the property in question abuts a single-family and duplex neighborhood, the potential exists for a serious land use conflict to occur. This would still be the case after taking into consideration the following: 1) the zoning code requirement for a six foot high concrete block wall between commercial uses and residential uses; and 2) the fact that that the two property owners that abut the alley on the north side have entered into a purchase contract with the applicant, whereby the applicant would purchase the north seven (7) feet of the alley (if abandoned and rezoned) from these two property owners. Activities associated with fast food restaurants with a drive-thru facility include noise from vehicles entering the site and waiting in the drive-thru lane, car doors slamming, car radios playing and from human voices. The ordering station itself would be plainly audible for up to 200 feet from the site and the dumpster would create odors that would be plainly detectable for about the same distance. These impacts would affect more than just the two property owners who have entered into the purchase contract agreement, although these two owners would probably experience a greater impact than their neighbors would experience, if the property is developed for the proposed use. Proposed access to the drive-thru restaurant site includes driveways onto N.E. 1st Street and East Boynton Beach Boulevard. The driveway onto N.E. 1st street would increase the volume of turn movements at N.E. 1st Street and East Boynton Beach Boulevard. The applicant's traffic analysis notes that both legs of N.E. 1st Street are presently operating with long delays and vehicles on the south approach of N.E. 1st Street queue beyond the fire station exit and impede emergency vehicles, particularly during the peak season. A parking lot variance application has been submitted for the driveway onto East Boynton Beach Boulevard which is located within 180 feet of the intersecting right-of- way lines with N.E. 1st Street. Placing a driveway at /f@ -3- , .. this location also exacerbates the existing traffic conditions in the vicinity and these conditions are outlined in the memorandum concerning the Parking Lot Variance request. The Technical Review Board has recommended denial of this request on the basis that it would be inconsistent with the Comprehensive Plan policy for providing "efficient and safe movement within the City." In order to alleviate the above, the applicant's traffic engineer is recommending full signalization of the N.E. 1st street intersection and notes that the proposed urban design plan for Boynton Beach Boulevard includes construction of a curbed and landscaped median adjacent to the proposed driveway onto East Boynton Beach Boulevard which would limit the turn movements at this driveway to right turn in/right turn out only. Although these improvements would significantly improve traffic flow and mitigate hazardous turning movements, there is no time frame for the construction of these improvements and no guarantee that these improvements will ever be constructed, as outlined in the memorandum concerning the Parking Lot Variance request. 2. Whether the existing C-3 zoned parcel that would be under the same property ownership is sufficient in size to permit the development of a fast food restaurant with a drive-thru window. It is likely that the existing C-3 zoned parcel could be developed for the proposed use by either utilizing only the south seven (7) feet of the unimproved service alley (if the abandonment were to be approved) or by not abandoning the alley and improving it for use as a paved alley. Developing the site in either manner, however, would limit access to N.E. 1st street to one-way traffic flow (either ingress or egress) and would likely result in poor internal traffic flow and circulation. 3. Whether commercial zoning of this property would be consistent with Comprehensive Plan policies for the location of and access to commercial uses. Commercial zoning of the subject parcel would be consistent with Comprehensive Plan policies for the location of and access to commercial uses. The proposed rezoning would represent a seven (7) foot northerly extension of the existing C-3 zoned corridor which lies between Seacrest Boulevard and the Central Business District. Access would be provided by way of the existing C-3 zoned parcel at the northwest corner of N.E. 1st Street and East Boynton Beach Boulevard. 4. Whether the abandonment and rezoning of the north one-half of this alley would adversely impact the use of the remaining alley west of the site for provision of public and private services as well as utilities. The applicant is proposing to abandon and relocate'an existing six inch water main which is necessary to accommodate the buffer wall construction. The memorandum from the City Engineer concerning the alley abandonment application indicates that appropriate easements and/or relocations will be required for the remaining utilities at the expense of the developer. The applicant is also proposing to provide an opening in the northwest corner of the site to allow access to the remaining portion of the alley west of the site and to dedicate an easement through his property to allow public and private service vehicles to access the remaining portion of the alley west of his site through this opening. The Acting Public Works Director, however, is recommending that $@ -4- ;. the alley not be abandoned. 5. Whether the abandonment and rezoning of this property for development of a fast food restaurant would be consistent with the intent of the proposed urban design plan for Boynton Beach Boulevard. As noted in the Planning Department memorandum concerning the abandonment application, the implementation guidelines for the Boynton Beach Boulevard Urban Design Plan encourage right-of-way abandonments that will encourage land assemblage and redevelopment. The proposed drive-through restaurant does not meet the above criteria in that there is no land assemblage or redevelopment of existing land uses. concerning the proposed land use plan for Boynton Beach Boulevard, the restaurant site falls within District #7 of the plan. The language provided on page 9 of the draft text and the land use plan map for District #7 indicate that there should be full block redevelopment of the parcels between Boynton Beach Boulevard and N.E. 3rd Avenue from Seacrest Boulevard east to N.E. 3rd Street (see attached copy of text and map in Exhibit A). Based on the above, the proposed drive-through restaurant would not be consistent with the proposed urban design plan for Boynton Beach Boulevard. Conclusion/Recommendations: Commercial zoning of the subject property would be consistent with Comprehensive Plan policies with respect to access and location. However, rezoning would cause a significant change in the character of the neighborhood and may have a negative impact on residential uses in the vicinity. Rezoning this property would also exacerbate existing hazardous traffic conditions and would not be consistent with the Comprehensive Plan policy for providing for "efficient and safe movement within the City." The proposed rezoning would also not be consistent with the intent of the proposed urban design plan for Boynton Beach Boulevard. Based on the above, it is the Planning Department's recommendation that commercialization of this parcel not be allowed and that the application for amending the Future Land Use Plan to "Local Retail" and rezoning to C-3, "Community Commercial," should be denied. L - J~ --../~ CARMEN S. ANNUNZ TO CSA:ro cc Central File .%@ , , . . ba~Q_~Eg_a~g~Q~g~I_a~QLQB_BgZQ~!~~_aEEb!gaIIQ~ " City of Boyntori"'Beach; Florida ....~. Planning and Zoning Board This.application must be filled out c~mpletely and accurately and submitted,. together with the materials listed~n Section II belOW, in two (2) copies to the Pl'anning Department. Incomplete applications will not be processed. Please Print Legibly or Type all Information. I. Eg~gBab_I~EQB~aIIQ~ . - 1. Project Name: Kentucky ,Fried Chicken --------------------------~-~---------------------- 2. Type of Application (check ~ne) a. Rezoni ng onl y . b. Land Use Amendment only ----){.--- c. Land Use Amendment and Rezoning ,. 3. Date this Application is Accepted (to be filled out by Planning Department) : ________________________________________________________0 4. Applicant.~ Name (person or business entity in whose name this application .is made): .' Juan Gavilan -------------------------------------------------------- Address: .2145 N.W. 14th'Street -------------------------------------------------------- __J>;:.!!:.~_~~~cl1.l_Q.E.E.!.<<!~_~~~~-------.:.---.---------------_____ . Telephone Number: ------------------------------------------~~------------ 5., Agent.s Name (person, if any, representing ~pplicant): Siteworks Architects & Planners, Inc. -------------------------------------------------------- Address: ___~~1~~~i~~2~[~2~~V~~~~L~~.!.~_~~~_______________________ , ~_~.EX~to~_~~~b~J~_~~~2~___________________________________ ..ee Planning Dept. 4-86 pa.ge 1 ~ , \ e ,.:. Telephone Number: 407-737-9606 -------------------------------------------------------- . " 6. Property. Owner's (or Trustee~s) Name: Address: __~~~~!~~~11~~!~~_____________~_______________________ 2145 N.W. 14th Street ------------------------------------------------------~- ',' ... _~~l~~_~~~~J_[~11~~__________________----____----------- Telephone Number: ----------------------------------------~--------------- 407-243-0219 7. Correspondence Address (iT diTTe;en~ than applicant or ag~nt):*. Send all 'correspondence to Siteworks Architects '& Planners Inc. ----------------------------------------~-------~------- as Agent. ' . --------------------------------~-----_._------------~--- , * This is the 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.> .' .f~~tr2~t~~!~~a~~!!~~1~l~~!___________________________________________ . ' 9. street Address or Location oT' Subject Parcel: No~t~]~_~tjg~~Jl~~~- to the North of Lots 21, 22, 23, 24 on the Northwest corner of N.E. 1st Street 2~~~El~~~_~~2b_~o~1~~~~~~o~nt~~~~~~~_[~~_________~______________~__ 10. Legal Des~ription oT Subject Parcel: The North 7 Feet of that ---------------------------- 2iE..~.!~Jj~B~~e!'_E.9.o_L~!.1Jl.Y_WE.9Ji.o.!'!b._qf.J_~Q.lilE~Q.t_!!Q.~.!l~!!t..tj!!9._tfl-bQ.t.s_______ ~.:!.!..]~.!._~..1_~}~_!.l!.cl.!:!~!y~_.!!l~1~s.lsj-2E.Ji.b~e.~.fLE.ll.n~-~~dJ!!.~n..!~_tJ1~-t~~_.Qf___ ~~t.n.!~Q.J3~!!~'l~2~_~22E..cLe.~L!'l.fl~t!lE~!ij.J_E~_1~,_f~!.m_~~~clt_~~LTllLI1~E.t~..:__ . ' " --------------------------------------------------~~~------------- ----------------------------------------------------~~------------ 11. Area OT Subject Parcel (to the nearest hundredth (1/100> oT an acre): Containing .03 acres 1442.5 sq. ft. --------------------------------------------------~-------------- .' Planning Dept. 4-86 . page 2 ~ \ , e ~ 12. Current Zoning District: _~~_~~~1~_~J~~~2~t~_~isjE~~tj2!___________ C-3 1-::-..: .... Proposed Zoning Di~~rict: --------------------------------------- - . . 14. Current Land Use Category: Me2!~~E~~~~1_~~1~~~~~~__________________ . ....~ . 15. Proposed Land Use category:lOC!~_~~!~~E~~~~~~~____--_______________ 16. Intended Use of Subject Par-cel: Laa~p~~~_L~2~ed_________~ __~nt~~JJj~nJJti~k~Be~~~_________~________________________--- : ' ------------------------------------------------------------------ . ' 17. Developer or B~ilder: _~~~SlWliLB~~_________________________ . . .... I. ". . . ' ----------------------------------------~---------------~--------- , 18. Architect: _~li~~~L~_A~~~i~~~_~~~D~~~~~~~___________.__________ 19. Landscape Architect: _~ii~~~Ik~~J~hi~~i~JLfl~~~~~_lQ~_____________ 20. Site Planner:Sit~~~Lk~_8~~ii~~~_~~J2n~~~~_L~~_______~_________~_____ 21. Civil Engineer: _Li~g~~_~~_~~~l~~_lu~___________~_________________ 22. Traffic Engineer: D~iQYJ~ill~~~~_~~EQi~~~___________________________ .. 23. Surveyor: __~~b~r~!~_~~Eh~~_~_~S~E~i~~~--~-~--~~------------------ II. MATERIALS TO BE SUBMITTED WITH 'APPLICATION ------------------------------------------ The following ~aterials shall be submitted, in two ~2) copies, unless otherwise noted. (chec~~) ____a. This application.'or~ (3 copies for P~Ds, PCDs, and PIDs). _~_b; A copy of the last recorded warranty deed (3 copies for PUDs, PCDs, and PIDs). ~ ____c. The following documents and letters of consent (~~copies for PUDs, PCDs, and PIDs): (1) If the property is under joint or several ownership: A written consent to the application by all owners of record, and __02) , If' t.he applicant is, a contract purchaser: A copy of the purchase contract and writ.ten consent of t.he, owner and seller, and ~ ____(3) If t.he applicant is represented by ~n authorized agent: A copy Planning Dept. 4~86 page :s .' ~ ~ \ '. (' ; protection, easements or ~ights-of-way, ro~dw~ys, recre~tion and parl~ ' areas, school si tes, and other- publ i c 1 mproveme.nts or dedi cat! on as may be r-equired. " . --: - - . '(10) For"re%on1n~~ t~ planned zoning districts (PUDs, PCDs,and PIDs), ---- the specific r-equirements for submission of applications for rezoning such district~hall also be satisfied. Copies of evidence for unifiel control and development of the property, as well as condominium" homeowoers., and property owners. assoc1~tion documents shall be submitted in three (3) copies for planned zoning distr-icts. . Furthermore, all materials required for A subd1vis~on master plan (in copies, including survey) shall also be ~ubmitted. III. APPLICATION FEES. Fees shall" be paid -~t tha~.timQ that the, ~pplication i! ;ubmrtt;d;-a~~~;ding to the fees which hav~ been adopted,by resolution. Tee schedule is attached to this applicati~n. All fees shall be paid by 'check, .payable to the Ci'ty of Boyn'ton Beach.. . IV. CERTIFICATION ------------- (I) (We) understand that this application and .ll plan and' papers submitted herewith become a part of thb permanent records of the Planning and Zoning Board. '(1) (We) hbreby cer'tify 'tha't 'the above stateme~ts and any statements or showihgs in any papers or plans submit'ted herewith are true 'to 'the best of (my) (our) knowledge and belief. This application will not be ~ccepted unless signed accordir ~/~o the ~ctions below. ~?~~~~;;~;7 . -----:~~:~-------- -or--A~r:-l~-P.,..~~~.p.a. -i4--p~.c.p.s~.t.y. . i-s-ormerl-by--a;-C'0'ft:7 i-on--or---o-tfler- bus'tTTe'5"S- t: I It i t-y.-:. . City 1~itiated Re~oning Per Florida Statute~1 Section 166.040(c)1. v. AUTHORIZATION OF AGENT . ~~~~-- ~E1:~~i . fN~'-----:~~;~-------- , (I) (We) hereby designate the above signed P~rson as (my! (our) authorized .~~:~~:~_::~:~apPlication. ~~:. -e~-GF ~~.,- t:J'I-A[lnmrt~-Prl:-nc:i1J"'a" -i+-pr6p-ert:y i"S"'-clRn1!tt-b'y-cr-curp-o ' on--or-"O"l:-he:- b'tnrt"n~-ell L i L y. City Initiated Rezoning Per Florida Statutesl Section 166.041(c)(1) , 9/2/88 -------Oate------- .' . Pl~nnin9 Dept. 4-86 page 7 @~ ~ . July 18, 1988 Planning & Zoning 80ard City of Boynton Beach 200 North Seacrest Avenue Boynton Beach, FL 33435 Gentlemen: This letter is written authorization for Siteworks Architects and Planners, Inc. to act as my agent on my behalf in matters concerning site plan approval applications to the City of Boynton Beach, Florida. Sincerely, /D C::;Z~~-:/..7 2145 N.W. 14th Ave. ,Delray Beach, FL 33445 JG:cc J!f(fi) 'SEMINOLE:FORM 19 ::"., ' " . ~;.:~~,~. ,,:,-;'t",-;';,~It";, ;~},~,,~:...,~ ,;...... ,.. ':' .. -,'._,' . '..,.... '".: . .....\~Ii...~. I .' '. .,.. . ..... . '. ': .' .. tr.i:, . - .' '\' . . tl . I '::~:;:wn:~~,:t~t;i:' '~. :::.'::" . :'.": ~'~ai ;~;t~tt ~ia;::~;i!h:::~ ittif!;t.::..QtJittidiif' '."ll,~' ~";' ;~:' : ~.,:...1.,,;',.:f,'\'~ ' " , " ~ . ~. ,. " ..' <1IP1. '. ~ "" . .. , .1.. _, .. '.. :....l..'.,.... .... JI' I;'. . J, . .':((t,-:f;.I" ..1t.'I............II.'f~( \...l..q,.,,~....:'.,.;...tr.)r.t:'JH""'IY"f'f:.':..I.ii.. ~ ..~..', ........ :!4.f.~.~l.;:..:.~Jt.::t~>.:. i.... ..:.,.......:.,;.. . ........ail....... .,..;....~;. . ~r'.....;-. ," .~. t..J'U).;~:..~~j.~.:,,:!r~...~.J,t..:.I).t: I. ..,' "':;;'_," , .~f~!;'~!;'I,:':"1~~,~\J;' . " ',;.-ils IS A U:C;AJ.J,V JlINI>IN(: n)NTnA<:r~Sl,:Jo:K VOlm A'I'r()JtNI';\'~SAI'Ylq:nJ~~,:()Jm~H:N.I.N(:. ...:;,'" "':. (~~ .:--.: 4'.:" . . 'Ji;~"'.' , ""..1"0 : ~;.~:\~{~~~:tW~:~L:;,. .,:; :~~':';',:,::.; ~': :'. .:" :::"i:~:;':.'; ,):, .. ;:~~.; "..' ;~';~ ,~:::;; ~ ~ ;;!i::',',;~i~ ::::; :'t, ~~ ' : ;;::~':,:; ;,::';/;~i:~t:.:;/ :':i:'::'~ ;":::::"1 i~ '": J.. ':i ,:1: " '-l.:I~r:~~RWjl~;~~;.,"'!I'TIOar.l. Mm1NmO:and, 'Iheodora lWNmO" his ~wife,".:,:::.\ ,.';j}I';I',I',:,;,"l,; ',';.. .;:, ' " ,~"',O,.,,..tt:~,lll,t..~u'j,l,n , , ,. :i~i'r"I."""" . . . '. . .. ",' ...I"":'}h:~JU'" ....'.hll.ti.:;t!~;)i~}~'...jo.S::..~1..,. ~'I;:: "",,:,~:.":'"!~(:".~r'.:;'. . ~';>"Or:\::'3015"S~. O=ean Blvd. :"I!iqIiiand VeaCh, ,Florida" "1".'33431"" ~"'Il~':" "..'. (Ph,' . ":" , ",.' " )as~e\ler,l\nt! .... ,'"" . ''} . ~.-.I .,' '. ' . '. .... . .' , . .' . , . I'. .' ~ .' .. ~ .' . . ... .' . ~~~{,ff['*it*,~t:truAN 'GA'r:rt.:AN " 'a ;,:~ single "Iran '~'(. '\'~i~";""''''''l'':':, .\,.r~~ :.)",,: i......'<<~.,~;.,~.:.:'~..~..;.;t. !f,'!'!:.. ..;....~.;.. .....-:",: : 'I~"', \' ::.\" ..",. i .....~ ...,...:.:...:...... '. i.'~~rl~~~' '~:;:;~.;"~t.. . ~ ...;~- !: ": ....' ':". .~. ::~ '~.n:,', :t':.' "/'}" .,..::~ ':~~.U.:UI..: .:~. ;".I'~:I fC';. ::;-t-1'ffi.'li':~'nft~briiit;.f'~;()..~\' ;1;"" t''':':~'''a:. n :in: 1~~;:.:r{~.. (,ri.\.' ','~~~1t'1'" ': '~h)c'{2l45:~ N'~W ;;:T4-rh"Srrpp+:i'T')::>1 't"<'lY,' nE'::1~'h, ~ Fl t"\'t"; nrl ' ~3dd~ i:;.. ,..".. - (Ph,-' , ,'. '. ) as buyer, hereby lIgrce ~'''th:it ihesellei.shallsell a'nd th'e'buyer shall buy the following'dmribed property UPONTHETERMS AND COND!TIONS HERE~~.!\l5J~J~ ~~~t:ORTH. <-.: ~hi.c~ shnlllnclude, the S!ANOARO~ FOR .REAL ~.T,ATE TR~NS~~IO~~~tB~~~e~.e~~~:i~!~~:~f,~,h.~s contract.::; ::1'-" 'I~'ll~~(~';'~, ,I: 1..-.. '., , .....r......I'.l,.EGA' DESCDIPT10Norrealestatelocatedln '. ' ' ..,.. , ' '. " C~u~ty,S.tnt~ . "'-Fl ....da '."... .;..L....;..c 11 . ".. . '.'.~...''''' ....~ .......,h.'......".....~I......~,t1..,....".'\~'.../J......C~ ;...:..!.,~.~:.:....:-II~;.\...,... ~ . ~r"~ .":" on. ~(IJ.S' as-oLO Cf.N'S: .h,"J.'h: ~'.1:-~~'~."lll ~;;:= ,. :.J=IJ "'~~'" ,..:;}.:T.. . ,....~.. :..:....;:;1';.;:':-,':'..... .... .... .... ,~~~"";~_"_ .._ :<~ii!--!,i,\i:..j.if,;;,,:, ". :)J:~~,.21, '22;".~3' and 24,': B~o<:k,:l~LSHEP~FUNI{ 'ADDI~cN; BOYNTa:L~~,;,. ;1:"';';'-.',; ',:~~,~:t~\':;JiJ ~'I~f;},;'. ",.,less '.the East 10 feet 'of' scud IDt 24: anc;l.less, ',;t:he' Right'of',l'1ay: for.Sta--:,:llv:1',;:, "~'::ff':;''-:(':~~-:.(#'".'. 't-~ ~ d' 804' . .. ....I...v,.:....: ~ . '~":,"..,.r"'.:.<f:~"I'~~"~'~':'.rl:"...;flf"'''''''';H''..-.~I,':):,,:.~;uh!:J.~.':-" :.;:I~..".'..; :<::,;'~~r~C;'n~l.pi~perty inClUded:a · ' ...., ' " ':J/o; !~'1 l'.I"::i:" "':J:t"';,!,u,Va::'J'ilthi' :.' ..:"j:r>...... NO:rm., 'lr I J , . \ . <;': si'reel ii&ir'essi ." '.:,' . ...., ,. .,..., .',' : :U'I , !: ~,. ,;. .: :J;.! 11,,;>1 :,~ ,.i!. '.1\1; "i:J'~,;i~!"';i'l\;!~:,~::~~::,~.~, ~"~~'$,::,':~:~ ..-:,: , ! ,Xji)/.. :.', ;,(,lr'~ ,J.i: ~ ?':~ ":'}:\~~:'2>'pJ~bHASE PRICE' , 'lWO HUNDRED FIFY:l' THOUS,~ mTa-ARC;:' (,$250','0'00.00) . " .' "Dollars ';...: :':l:1I',;"Me'thod or Payment: ' " ........ :~" ", . ~I~"\ ..~ 4": ,,, !. J.., 'U,. .(J,\,~'l" "I ':':': I'JI,o.l,frlllrl '~J~ II:~ 1, .. ,,-,~:\.I . " t','! ',::.',: ;'r i .- '.\ ;-. :",':.... J.;:' ~.: .' . '. .... .... . :.f":,:,.~.:J ~:A~ir' . .... \1' '. ..t'l'. .:.;~:\~:;;;;:~.~n)~"~6;~\0~~h~~i~~~~~ a~~~~ 1\:~~f;;m~~\~'f.ij~~4i) '!?'6~_~080}~.0.~~?:~t~0: ;":' , . , :..'J;: ,,<b)'.A'ppr()x1it'i!i\~p?i.mjmls.Il':ln ~non~ag't!~i~'Co~ey:ln~1;1t'.nM:)'c-sutJJttl:'iI", tg J;t;.., '" .:. ,.'.': ': ,;.;.,' , , ''':~''i;''.;~''';:'h''l'd.l. .: : '>':"/'~"-;".':"ll. 1':-'~;''''..''''/':'::~ I!~r,.. :",':"'f-=.d~~",,::"'~~:'~i");(:)iJ"'r.;_'i$f'1,..t~ .~{:.. .". . ..,.. 0 er:" . '....,. "~J\.J." '. ." 0'> . '.I.':.~..~. ~I~f.; II, ':"~'~!l.\)j 1:~t"""f.~'/t..., ..OJ t., '. oJ. .' ...... ".;--: :',~.:;:~j'~iere~t .. ,,' ':%perluinum;Methodorpayment'" I. .:.,.... .', ,......,..,::~,.<:.: '. '.. ",,'.j,,;,:.J.,', '.':.:':':::~i ~~:"}::.~':.:. '::~':" ::;,,/,(e).-O.ther: F~st Money l-brl:qaqe ).0% interest for 10 :ve~r~tb~110n '.~,$ 150.000.00 "-- .~(.~ i,:"(d)i Cash, cFrihYetr otmgrr~shi~:'Jehe~k o~'~I~sing' und deli~~ry or deed (or such greater or lesser I;mount.:) :,' , . ..' " '.. '. :' : ~.t :.;)~' 11 ~ :'::'as mny be necessary to complele payment or purchase price after credi~s, ajustments und prorntions):'" . ,'$" ", qn 1 000 . no, ..;1".~.'; :;,;' , , ' . " "" ,. d." "'. ',J :.I':!J ':!"::' 'IJ'TO-rKi.: .:< ;: '250,000..00 ..J.:.....~/.....f::.... >. .'. .... .~..;.!.. : :'. ",:.';..',1' ,.... .' ...,; ..:....;.J,t:--~,."')'~~~~..,..~I'.,...~":a~..;."...,....6' .,:~.('~ ' , . 1"?3:'TIME FOR ACCEPTANCE: H this conlract is not'\:xeculed by lhe seller and buyer on o'r,berorc .- .,. " : -' , ..,. ....:. ,'. . lh\ / ' iirore~~~~ ;:deposit shall be, ut t,he option or lhe buyer, ,returned ,'to, .hi,m ,und lhis:.ugrcc,me'1L.,~~:II.rbc "nu}1 'lint! Y~)I~"'Thc datc,.or ',:onltilct, rill ,. purposes or perrormance, shall be recarded as lhe dale when lhe lasl one or lhe seller, und buyer hus slgnct! thiS .contfllet. . ' .,',. .... .. ." , ~t ',~~, 7W>>~ ~~,~:~i,s ~ontra~t ;~a~ be ~~o~~te::~~~e~~~~d :;~r:e~~:~~i~~~~~1 ~~' ~~:~V~~~~r~~t~~'~~~~~i~~~ ';: ::~~~~,~,:' :.::::.: ," "'::,':^: :' , t!:I: /f:;,~, :S;',PRORATIONS: T ,ixes, 'Insurance, hltercst; rClii~' unt! other cxpcnses imd'revcnlic"of salt! 'propcrly ~hull be prorated Ul! ll(lh~ .'dute ',If clllllins. . :," 6; EVIDENCE or-'TiTLE:'(d'eck ~ (l)'(H 0'(2)) Wilhin'. 6n ,:11.' "d.aydriilil, lhe dute of'thlll"conlrilct;'lhc l;cl":r:lIhii'lI; at!l,ill'cxpenilc. Ileliver to th, '~'''':' ,~:~~r.er,o,r his uttorney in.uecordance .with Standard A wi.re'icrsesi~!le~;Jlr.!lbslrucl' (~T~!;~.uf~l.C~~~~~'~ ~'~~l\';,;:~ "''';:.,(\'' '-:,.,;1..., "f . ;. ::~ ;;;:',::7;I~ON.VEV ANCE: Seller, shall c~n~cyy~te ~o lhe.uf~resaid prllperty to lhe buyc~ by:stul,utorY~l\rr.~.n!~,de:~d su\:lje~iJ~ l~ll!!!~rll.c~l~r~III)~~ !~~1.'U~tr:ll': ",', '.:, u1\d \a~es for lhe year or closmg. . ",. I. ..,..~: ,I . ".' "')'. ' :',., :':" (1;1~'::J/~.:('i' '1" 1>',;11'1 '~jf,l""" ., ,~f~.,.!I'>::.Ii:, "('::l"'~,}i'f I", 1" '. ':'!hin.i:> l" ".;,.,'~ .. ',,'.;'..., '.. ....,.......... . . . w.. ...., . '....j,J.., .I,"'......l , ";'I,.:\J: 8.. RESTRICTIONS, EASEMENTS,'UMITATtONS: Duyer shall tuke title lubject\o:"(u) Z,mins, 'r'cstrictinns,'l"fI)hibi\ioll~,l\nd require:\llent~hnpoll~l :'-, ' :bY'llovernmenlal authority, (b) Restrictlons'lInd mutters uppearing on the plllt or common lo lhe subdivl~lon, (c) I'ublic ulili\y,ell~e\llenl50r record. prllvide' said easements ure located on the side or rcar lines or the property, (d) Taxes ror year orclosing,ussumcd mortgages,lInd purehllse.llloney lllortgug~s, irlln) (e) Other:':: ". .. ' , " , " ..'" " , Seller warrants thal there s~all be no violalions or building 'or zoning codes ut 'the:' time: or closing/:;;l 'i..t;:'.llr ,". I,i'.:' ',' ';,;. tDJ J :!' : ';.:'- ,:.; \. "~:' 9. DEFAULT BY nUYUlt: Ir buyer fllib III re:rfnran uny or lhe covenants or lhi~ contract, illlllllllley pllid p'UrllUll\ll III lhis cllntrucl hy buyer liS lIrlirClI;li. ., ': shnll be. retained by or ror lhe ucco~nt of the lelle,r us consideralion ror the execution or ihis cOlltruct unt!us lIg'r~cd liquid:lh;d dll\ll;lgcs'unt! in full settlcment I' .......~~ycl.3!r;t~..ror~amagcs.. . . .' ... 'l:itl...:...~~:;I.:'.r~.,-,~. .1. ::.,.....:~;.,.\..J~:,~;;~,.;.....\!i'~f".,.f!:.!0...< :..',.:. ":~'i( ;...~L. '.~ " . I :',,10. .DEFAUL T DY SEl,.l,.ER: U the seller rails lo perrorm any orthi: covenanls orihill eonlract, the lIroresuid money puid by the: buyer. lIt the option or th buyer, shall be returned to the'buyer on demand; or the buyer shall have only the right or specific perrormance. ' . '::i,:: ,:.';.ll....TY.PE'YRITTEN. OR HAND.WR~:rEN I'ROVISIO~~: Type~~i:t.te,n:<?r;~an.dwr~l,~e~.pf.<?v!~J~,~,V,n~~n~~.~Il, ~h!~,r~~m lIhl,ll,I, ~on~r~~ ~III printed prov ,,'. ,Slons an,connlct therewith." . " ',.. ','. '... ' ," '" ,'..,'......... ,.', '..'. , ,'., . , .' ". ,.-' ',12; 'OTHER AGREEMENTS: No agreeme~l~ or repres~nlnli~~~,unl~;s"i~'~p~p~r;l~cj',i~',uii~"~grlt~~ct:' ~~ull be i>inding"u'p'dn ~~~y or'ihe rartics: ',>'; '\~i,).3..SPECIAl,. CLAUSES: . This. transaction is subject to purchager pbtB.i.ning approval bY' the City ':'::.~~'.X:,)?;.;~6ynton..Beach,~ 'the Kentucky,FriedChicken for.~th(r:oonSi:rUction' and 6pera~6nof a f..;:~t;.~~,~"'f:,~ta~ant and drive thru (take-o~t)'. under. the 'patroIlflge 'and' style regulated.by .,the KFC. ~~~~:~~~.~;~?~~;~- V/:, . ere red) . ' ". .' ,'. . ..:.....; ," .. .'.';":"~)";--:,~~': ~:::.,\ . :,:,,!:?-- ":):::;;:,;':;', ";,.....~",, ('SEAl . . :. :' ,. ... . . .:, 't ,'(. :',: ,'~' , . . ~ i.' t' of 'I ",...." ,,' . ': ;,:"./" ". ..'. " ~lSE::AI _' .., ". "" ' ..,~;,~:~::~::::~,:;j'::::;;;~;:>'..~;(,. ". .....: '~""::" ',1.:, ' ,\~,'. ,'fO~MtSSlo.t:l"~:rUl~:~KIfI{:rhe"Clh,:rhcrebyri:c\iiflliiell . .' ".,'. :",',"., . ....~~~I.:'~:,l{,.: . ..... ',..' ,'J. . ;.:.:.....,..,...J.,: ~...,.J;....II... ...J,l ; :.'. .~."j.... ,~~ '{/~:...J....... ,,'~:~:I...i':'::"":':~'.:', :.:l....i. "~ ,,;.'.;:, ~~,o.s the I:i'rokerln thl~transac\'ion. und ugre~s hl'PIIY I\~ i:l1nl;;,ii.~ion 1'1,,' , % ur the gn)ss K!IIe:s ~ricl1' tlie: IIU~l'Or<1 ," . '. I','. 1 ' ';, ::: ",~ '. .',:,);/,::;,.:, ", ,. .. .. "'. '.: '.:,~:. '.,.. '/: DI~li~;~ ($:::::' .i:':. ,:;;;~:~;: ':' :";'~;:~'I::~;~I;;I;~ ~;i:t;~J~fl'I~~i:I"il~; ~;;'~~'F;;I~le 'I~' i~~r'e'it~lll ""?:"the bvrer through railure to perrorm, lis compensation for service, rendered. provided same docs .not.exc~ed the . full amount or, lhe commission, '. .,' . '. ." .... :." > .'. t.'... . ':'.'!:l~;:.l;,~: ;.'....t.;..~.;.#".::..!..;:~.. .,:. :t...~~.~.t;,ht~i~~ri~;.~:~~. :-: . , "".." , . . . ,. " ,Dllte E~~cutcll by Seller ',;> W1TNES~ES.: (Two ure required) ,; , ' ," ,;. .', ',' " .., _ .., . ,>" . ," ':: . ~ . .' . ., '. ~ ...;.al.)1.' 1.:1 '.'. ,,; ~,~.l'" ",' --~( .... .. .' :;:. :.~n,: :. ':: : ~':''''.'.t'::' . , :./0. s:,}(U~! ~i:; 'J''':.~l.:~ ::. .... j:.' ",' ~ '.. .. .'; .' '. ::. t . ':. '. .. ~' 'I ,:" ~ "Ill ~(~ l~r..\O.l"j ,~j" ;;..,1 ~2r;"b 1C ;:,,)n(:ld ,~....~., ,l'J ~:,~ '~~..'.. ,',:.: " ., "":'S/;;1. . . "':'''.' ""t..it:I~~'~l,,. . :, ..:"...., I! (SEll. ..':'~'. '.'; .~ ~ ~!'~':i7: ;!~Q'~ ; ..... DepoSIt received on , .,. .: ..... .".\1'" :" '.'~~~.~. ':.'." ~''''''~''"~'''.~~'~'~..~~'': _~ . SC'Ile','r.; 's'-:. tll b~ held lIuhject tll lhi~ ClIl1trucl: Ii"'check', ~~b~c~i to c:J~a'rllllcc. ',' " "'. .' . . .' .. . .' .,:~. ..... .. \ \': ~~jt. , '!:.-' . ..,' .. '..' ,-:.-:: ;i,'l;;: '.: '!, Dy (Broker) . ~.p . (Altornr:y) '.'. .1:...../1,.;, '"''/''' " ..~ :'. I 1 ' .... . ;. t: t.. '--~';'." .. ,--, -.-, --':--?'~ -.. "Tc---~--:-(f?) ~.. . Gl':CONl) Z\DDENDUM .' TO REAL ESTATE SAIB AND PURCHASE CONTRACI' BY AND BEIWEEN ANTHCNY MANNINO .AND 'l'IIEOOORA MANNINO, ~US WIFE, 2\S SELLERS parties of the first part and JUAN GAVILAN, 'AS BUYER, party o;f the second part, for the purchaSe of the property of the following legal description: IJ::>ts 21, 22, 23, and 24, Block 1, SHEPARD-FUNK ADDITlCA'J', BO'YN':I"<:N BEACH, FLORIDA, '. executed on npri1 9, 1987, have agree as follows: FIRST: To extend for a period of three (3) rrore rronth the ti1re for closing the above mentioned transaction, and consequently the closing date is set for on or before ~It//t~~$t/ September 9, 1988. ~~ SE<X>ND: "!he purposes of the above extension agreed by the parties is to obtain approval from the City of Boynton Beach of the site plan for a Kentucky Fried O1icken in the location of the property subject to this transaction. rn t'7I'INESS WIIEROOF TIlE PARrIES l-IERETO l-IEREUNl'O SET THEIR HANC6 .AND SEALS 'IHIS 9th DAY OF wt4/ /:'/.?~~t/ June, 1988. a- ~ ~$-- ~/~ ,/ ~EAL) l\NI'lICNi Ml\NNIN::> -I( WI'INESS / / wrl'NE9S \ (SEAL) 'rlIEOOOill\ MmNINO /".. r'" (~~7S'--'~:~~ . ' *For granting Buyer's request to extend closing date to September 9, 1988, Buyer further agrees to pay Seller the sum of $1200.00 per month beginning June 9, 1988, and thereafter on July 9) 1988 and August 9) 1988. (SE1\.L) '; ::';'8~r~' - -- ~-- , .:." >/:i~~'Z'~-(Wj.;J1'4 . "'~>.?".., f '. . . ".,.,'" .,.:~! ""1'1-~1II: :'{1r~:;~'1\(~:'" :. ";::. .. ." ,:'::?~"':~:[ ~t.4: ., "" :.:~t.~.?:: .''f~;, :"I'. . ...~. -. "J'," /. :,",.. ..,:....1. ,'{::"::2 .' ',. 5$. .\f.}~/, .::f:::Y:" :'l::~' \,,~:' T:!:> 9;, " . :~:.~~~:~~~tl:~.i~~\'""' : 1- { f "'f" . .~ J( ~~ );, l " , ''Y l ~ '?' ~, ~ ~ ~ .-:' :'t.: .... }?\ '~.~ .. ,. ,":-, '.~H~;,;.", :,y:_~~.:, . . ':?~:'" :" ",. ".. ',)TI' ~>',: : .'~::."~ .J-' , . . ..... I(~.... ;';;'<~; ~;;~ ...; .~.., ' ...... '. .;.,'.$::;. ': ~... . ~> :;~j:~; . , ' THIRD ADDENDUH TO REAL ESTATE SALE AND PURCHASE CONrMer BY AND BEI'WEEN ANTHONY' l1ANNINO AND THEOOORA l-WrnINO, HIS WIFE, 1>5 SELLER5, parties of the first part and JUAN GAVILAN, 1>5 BUYER, party of the second part, for the purchase of the property of the following legal description: Lots 21, 22, 23, and 24, Block 1, SHEPARD-FUNK ADDITION, OOY'Nl'ON BEACH, FLORIIY\, executed on April 9, 1987, have agreed as follows: 1. The parties agree to extend the time for closing through and including November 9, 1988. In consideration of the seller granting this extension the buyer shall pay to the seller $1200.00 per rronth. .This extension shall be void if the payment is not made at the tinle this Addendum is signed by the parties. 2. The contract is further modified to change the provisions with respect to the first purchase rroney nortgage as follows: (a) Buyer shall execute and deliver a first purchase noney mortgage in the principal sum of $225,000.00 with interest at 11% per annum arrortized as though it were.a twenty (20) year mortgage which shall balloon and be payable in full on the 7th anniversary of the nortgage. (b) Conmencing one nonth from the date of c1osin;}, rrortgagor Shall make nonthly payments each in the sum of $2,322.43. The ,Jt1Ortgage shall provide that payments shall, be due nonthly with a ten (10) day grace period. 3. The nortgage shall provide that any sale or conveyance of all or part of the nortgaged premises shall cause the nortgage to becane due and payable unless the nortgagee has given his express prior written consent. 5. Any prepayment made by the nortgagor shall not reduce his nonthly payments. ., G f?!/lt-PIVC.-e. c> r 7'p'e"~vlE'c/-r'J1'.) e P.a./ce I/'< r-N(? 4I'P./2cPxl/'1 >>.,.-< , c:2/ptt,,7 fJyvl OV/I.I1 t7'1=l:1:lS.ooo. O'V /1t-G; <Z-ffs/i- Ofl. Ct1,tI-l/G'p..s c#~cK J1-r~t:-OJ/}-/(t c. ~ w/..{ICI rp~ Ili.$ove ot;:Ji'os,,-, 10$ r,1tz.-r, 'N WITNESS WHEREOF, the partl.es hereto have set their hands and seals this ~ day of co c:: .,-. , 1988. , It -rM~tJ/;c,.c:.O()J./ M().rzr~"1Gre tE;'/ECcJ-rt:IJ is.., .(Juye;er //vr-/?t/EJtt or::- ~~ 5 ec-(,.€rZ.. .5k~c:-~' /1' /J e/-e . ~ .c?-/} v .;,< :> 19 y/...vG=' 7'/7"'''-'/ "-1'7'/..$ ~~.!:>J!rC/1(; ~~/J-y LSe . P".te€ -~;9r~~ ;/Y ~K~t-.e /J-r nf/Y ~e, U//r/lOoJT ~ /}/1/7' ~"cz€"_Y!>4r.2) ~ei//1?-rY ~ /':::::2~~ ~ Hitness ANTHONY "MANNINO .- Witness THEOOORA l-WrnlNO Witness : :.;' ::::: :;-,: jt~. 'Jt;~: ~., . .....~:.~ 'f' ~:~=::..2 ~~.":. L' : ~: fr':~. <...:::::0;,.. .<' . .,. ".--,~ '~<;/.'.",. '., "" x@; 'T' " " ')ilJ~~',' :-.::,::(~~:~' ' .... ..J... ~..' '.l~' ~. '019" , .. &.___I~ I. ...."', _._. _.._'0..- ~~.'!r ,1i"U.V_ iR~r~tpf is 11~r~b!J arItlloutI~lk!Jcb I:l~, tI1C' ,SlUll llf: J?IFTY 00/100 - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 50.00 I ,) f JUAN GAVILAN and/or Kentucky Fried Olicken' rom as.,a dcposit on account of the purchase price of the following descr,ibed property upon Ihe lerms and condi. lions as stated herein: Description of property: All their rights, title and interest to the North 7,feet of that certaln fourteen foot alley lying North of, adjacent ~nd abutting to lots 21, 22, 23 & 24 inclusive in Block 1 of SHEPARD FUNK ADDITION to the Town of Boynton Beach, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida. Purchase price: Terms and conditions of sale: FIVE HUNDRED OO/JOO Dollars '($ ~nn n'o' l ," This sale is contingent upon the approval by the City of Boynton Beach, Florida of the abandonment of said alley, and of the approval, of the site pla~ for a K.F.C. on Lots 21, 23, 23 and 24 inclusive in Block 1 of SHEPARD FUNK ADDITION TO THE TOWN OF BOYNTON BEACH, Florida. DeFerred 'payments 10 bcar interest at Ihe rate of per cenl per annum, ,payable as follows: Taxcs, insurance, interest, assessments, rents and other expenses or ;evenue of said properly shall be paid, assumed or pro-rated as follows: as tiTTlP. nf ('!1 n,<;; ng , Certified liens shall be paid,' assumed or pro.rated as follows: hy ~p 1 1 E'l'" Pending liens shall be paid, assumed or pro.rated as follows: by Purchaser It is understood and agreed that this properly is being sold and purchase'd subject to Ihe restrictions and limitations of record common 10 the neighborhood, and subject 10 any easements for public ulilities, which may be of record, or may become Iiens'through pending legislation before consummation of contracl. II is agreed thai ,his'lransaction shall be closed and Ihe purchaser shaUpay the balance of Ihe pUrchase p:r:i CP ,and execule all papers necessary 10 be executed by him for Ihe, completion of his purchase within ':In .' days from delivery or lender 10 him 'or an abslracl of the said properly; otherwise the sum this day paid shall be/ retained by the seller or agent as'!iquidated and agreed damages, and the" parties hereto shall bo relieved 'frorti all obl~gati6ns under,.lhis instrume'nt. ' , , The seller is 10 (urnish an. ab~tract shoWing his lille 10 be good and marketable and or insurable, but in the event that the litle ,hall not ,be (ound godd and marketable, the seller agrees to use reasonable diligence to make Ihe said If,le/gocid aoC! markelable, and shall have a reasonable lime 10 do so, and if afler reasonable di. Iigence on his' pa'r,1 ,sC)id litle shall nol be made good and marketable wilhin a reasonable lime, Ihe seller shall return Ihe money Ihis day paid and all moneys Ihat may have been paid to him under Ihis conlract, and Ihere. upon he shall be released from all obligations hereunder. Or, upon request of Ihe purchaser, he shall deliver Ihe Iille in ils exisling condilion. " , This contrad shall be binding upon both parlies, the seller and the purchaser, Iheir heirs, execulors or as. signs, when~pproved bY.lhe owner of the property' NO BOOKER. , Broker above descrabed. - -- Wi'n.u. SIal) (Se<ll) I, or we, agree 10 pay Ihe above signed broker, a commission for finding a pu;.chiuer for Ihe above prop. erty, the sum of NO BOOKER INVOLVED. Doll (r' , ) h If f h ' . ars ~ ' or one. ha 0 t ,e ,depOSit, In case same is forfei/cd by purchaser, provided same shall not exceed the full amount of I e commISSion. ' " " " Wi'n.u. (Seal) (Seal) . ~.~.:.. . ,~) .- ~ ,$ Jq ~ ..'- -- .:.;. ~ ... IX, ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) ~ may not assign, Contract, ' X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions Inserted herein or attached hereto as addenda shall control all printed provisions of Contract in conflict therewith, XI" INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider shalfb~ attached hereto and made part hereof, XII, 'SPECIAL CLAUSES: (utilize space below) ..:. _ _ _ _ _ _ .:... _ _ _ . THIS IS INTENDED TO BE A LEGALLV BINDING CONTRACT. IF NOT FULL V UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEV PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BV THE FLORIDA ASSOCIATION OF REALTORS ~ND THE FLORIDA BAR, Approval does not constitute an opinion that any of the terms and conditions In this Contract should be accepted iw th~ parties In a particular transaction, Terms and conditions should be negotiated based upon the respective Interetts, objectives and bargaining positions of all Interested persons. ..' ", '''Copyr~9.~t 1985 by The Florld:.B~ ~~t~ :'~i~'~s~c~tion o~ R'~O~/S'I~C~ Li" , , :", / ..,;./t,; , ' , ' Executed I;ly Buyer on f ' ,''':', , .r , ' '/ V ' 'WITNESSES: (Two rel:ommended but NOT required) " ,......',; ',/ / '", ,I,' '~' " ........ r:..' /./S/ .//.JUAN'GAVrLl\N-:~'~ '/ ;-, (Buyer) , . , . ,...,.... .' -.--..----....", ..:,..-..-.................... / ""X ...._~,' WIT"'~SSES: (Tw,o recommended but NOT required) -'-" f r . " f _.__....~ "', \ """._," \, ,-,' Executed by Seller on l.' September 30, 1988 .', . . GORDON' CRHWLEY (Seller) ''''r'l " " ' . " (Seller) Deposit(s) under Paragraph II received: If other than cash, then subject to clearance, I. . . By: ,(Escrow Agent) BROKER'S FEE: (CHECK & COMPLETE THE'ONE APPLICABLE) o NO'BROKERS'INVOLVED (IF A LISTING AGREEMENT IS CURRENTLV IN EFFECT):. " Seller agrees to pay the Broker named below. including cooperating sUb-agents named, according'to the terms of' ~n existing, separate listing agreement;,: .. . .' .' . ' OR o (If;, NO LISTING AGREEMENT IS CURRENTLV IN EFFECT): Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation In the amount of (COMPLETE ONL V ONE)~% of gross purchase price OR $ ~ER~ " .for, Broker's s;lr\il~es"in effe~ti~g the sale byfir:'ding a B~~er:re~dY, willing a~d able to purchase pursuant to the foregoing Contract, In the event uyer falls to 'perform and deposit(s) is retained; 50% thereof, but not exceeding the Broker's fee above provided, shall be paid to the Broker, as full consideration for Broker's services Including costs expended by Broker, and,the balance shall be paid to Seller, If the transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand, In any litigation arising out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to rec.~lVer .reason~ble a;torneY,.tees and costs, --lff?r BRO~~ jIm'OLVED arm name 0 ro er , .. J' " \ By: (authorized signatory) (Seller) (name of cooperating sub.agent) .'i . , " . ,:,(Seller) B. SPECIAL CLAUSeS: 'IbiS sale is contingent upon' the ,.awrOval'by the CitY of i3CJ:.iritOn~Beai::h; I Florida; of, the : abandormmt or vacat.in; of said alley; arxfalso"cm the~' of 'the ,site plan an:! ' building pemit fran the City. of Boynton Beach, and 'Rentuc:ky, Fried Chicken, Ino., of' a restaurant:. with drive through,',on XDts 21,. 22, '23 mX1 24, ,BloCk:l, SIlEPARD ,FUNK ADDrrION ?Xl '!HE 'lGlN OF OOYN'lON BuaI" F.OORlDA. Clssirq to be within 20 days after p1ildin'J p6x:mit approved by the City. -', Buyer is to pay all costs an:1 ~ ircl.~ those for ~t,of alley an:1 ,those to awlY for site plane am building pemi.t, plus doo\.m'entary stmEp tax on' <3eedi em oost of title insu.rarn! or abs~ (Buyer's' choice) . seller to pay only his own at~y' s feas. .' ',' ,..01,., t\:.... .Jl.. ':', A. " Rev, 1/85 " ...~,. -'t,,:{' , ~~. '.;( ,*~ i: l ':~*;~ ,~, 'V, !~:' ':'1-':. :~" ;"~" 1*~:: "'f" ~~: ~. ;:~;.. .,.... ....... .'/'~ ", . .', '-.\, ...:~ ~: . ,) ,j- .' #@ ..~, ' CONTRACT FOR SALE AND PURCHASE , PARTI~S: r.ORDO~ C"Q1\WLE'Y , ("Seller"), of (Phone 732-4G50 ), and JUAN GA VI LAN ' ("Buyer"), of (Phone ), hereby agree that'the Seller shall sell and Buyer shall buy, the following property ("Property") 'upon the following terms and conditions which INCLUDE the Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard(s)"), . , , ,',' . I. DESCRIPTION: (a) L~gal description of Property located in Palm Bcaeh County, Florida: All'of his right, title and interest. to.the Nar:th 7 feet' of that ~14':'foot 'alley lying North of, adjacent to ani abutting lots 23 and 24, Block 1, SHEPAR>.FUNK AOOITIOO to the 'l'cMn of Boynton Beach, also descr:l.bed as the Sooth 7 feet of that certain l4-foot alley lyinq South of, adjacent to an:t abutti.n;J IDts 1 and 2, SHEPARD FUNK AIDlTION If!) the 'J.'own of Boynton Beach, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida. , ,,' (b) Street address, If any, of the Property being conveyed is (c) Personal property ("Personalty") Included: NONE NO'r APPLICABLE (Vacant :;~nd)., " "I. ~ II. PU'RCHASE PRICE: ,~~~~~l?~. ~~Qg~~~I?, PP.~~.'...', ;"..,. ';. .'. '. ,'. .', ,.',. ::,:,.., ;$ 15,OOO:~OO PAYMENT: ' , , ' " , .,'.. 'I.. ' (a) 'Deposit(s) to be held In escrow by Osvaldo Jimenez-Pages. Trust 'Acct. In the amount of . . , . . , . . , . . . , ,$ 500 . 00 (b) Subject to AND assumption of Mortgage In favor of , 'having an a~proximate present principal balance o.~ ' . . . , . , (c) Purchase money mortgage and note bea'ring Interest at % On terms set forth herei!, below, In the principal amount of ..,.,.".,',..,..."....",...,..,...". '. . . . .'. , . . . , , , , , , . . ,$ ~o~m (d) Other , ' , $ NONE (e) Balance tei close, (U,S,cash, LOCALLY DRAWN certified or cashier's checklsubject to ~djustme,':'Itsand prorations . . ,$ 14,500. 00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not,executed by all parties, and the FACT OF EXECUTION communicated in writing or telegraphically between the parties on or before OF~ObQ:ar ~ 1 go ~ ' the aforesaid deposit(s) shan be, at oPtion of Buyer, returned to 'Buyer and the offer withdrawn and null and void, The date 0 ntract "E f{~lve ate ') shall be,the date when the last one of'Se~l~r and Buyer has signed this offer, IV, FINANCING: " .' (a) If the purchase price or any part thereof Is to be financed by a third party loan, this' Contract for Sale and Purchase ("Contract") Is conditioned upon ., the Buyer obtaining a firm commitment for said I<?an within days from Effective Date, at an interest rate not to exceed %; term of years; and in the principal amount of S . Buyer will make application within days from Effective Date, and use reasonable diligence to obtain said loan, Should Buyer fall to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract. '. (b) The existing mortgage described in Paragraph I lib) above has (CHECK (1) or (211: (1) Da variable interest ra,te OR (2) Da fixed Inte'rest rate of % per annum. At time of title transf~r some fixed Interest rates are subject to Increase. If Increased, the rate shall not exceed % per annum, Seller shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, Interest ratq arid status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of, Buyer by the,mortgagee for assumption, then Seller shall promptly obtain and deliver to Buyer all required applications and Buyer shall diligently complete, and return same to the mortgagee, Any mortgagee charge not to exceed $ shall be paid 1/2 by Seller and 1/2 by Buyer. If the Buyer Is not accepted by mortgagee or the requirements , for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge In excess of the stated amount, Seller or Buyer may rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase In Interest rate or excess mortgage charge; The amount of any escrow deposits held by mortgagee shall be credited to Seller at closing, , " " V, TITLE EVIDENCE: ~"..At....-~J-QB.i~~VM.o.:.t>>~lG%:hall, at.B>>.Y.e~pense, deliver to Buyer or Buyer's attorney; In acco'rdance with Standard A, (CHECK (1) o1"~f'dl'-nn~f:!l~ra'nce com~ with fee owner's title policy premium to be paid b~~ at closing, VI, CLOSING DATE: This transaction shall be closed and the deed and other closing papeis delivered on the .. ' day of * ','" ~, unless extended by other provisions of the Contract'*See Speoial Clauses. '.., '. ' VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authoritY; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to the Property lines and are ,not more than 10 feet In width as to the rear or front Iines,and ,!Ya fee: In width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, If any; ot.her: t:hollle of re~ord " ; provided, however~ that there exists at closing no violation of the foregoing and same does not prevent use of the Property for 1<ientucky Pried Chicken !:e8taurantPurpose(s), VIII,OCCUPANCY: Seller represents that there are no parties In occupancy other than Seller, but If Property!s Intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard F, Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy Is to be delivered prior to closing, Buy'!r assumes all risk of loss to Property and Parsonalty from date of , occupancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property and PersonaltY In their existing condition as of time of taking occupancy unless otherwise stated herein or In separate writing,. ' ' , , , ,$ liOUE ".'" "'.\ . ~ .....~ ' , ~!..,m' . .~....~~'. '''% ' '~:' ,l &:: ~~~ 'U, ,':~, :.Y -f. ~ :'~" ~~, --l-....... L~__.._~ .t' , ~. ': :?'~. .'1' .,,: 5.'''' ,of -- -.: &;...l_..~__--,.-.~.. .,' ;' .. " { .) ,'i h.f' ,'{t;: t.., ef-:. ~. , N' ;'..~' ;} :.~:;:. .~. ~@J _0' . - 0" ;' . . \ " 00 "- '" .0 '" ,0' 1-<1 jI._!I'..-l~'- . : n\ ~ ~ 'i ._' :;;, ;.;" \\ . 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A~4'.g'(c\\ U ~ 1:' o----v ,-"'. .-' r V \. ~~ -\ . .~ 'N 0' , ' ~ o ~~i' ~ ~~~ 1:.~~ rn ~ I ~~~ 10 '0 ~ m i,~i tg.~~ CI-;:.rr.. ~~~ '2~'1l ~~~ ~ :5.0 ~ 0:'::; "'l:Q. ~ti\~ %~% .~?~ ri;l.-4 ~~~ (/lo"' ~~~ ~~ ;...\,:1 ~"' o~ ~~~ , %a ~ (/l ... ") 'ivt ~~ ~~ ~; g~ "'~ ~~ 0; %{7 c"' ~ t" ~ - \ \\~\U ~ '\i\~f~ , ~ ~l~~\\\ \\\~\\ . tp\,\S ~~ ~\~\". \~\~\~ ~ <;~..~~i' -I i;\.,.9,%"'~ fl- ;ow.,&~fi ~ ~~~w.~'a \ \ \J ~\\\" .~ \ ~ 0 'i~ l ~ R: \~ ~'f;,~~ ~ Iv.~' ~\~~~ ~~.~. \\\\\~ b' \~, 'a~o~ ,If', lI' t~ \ ,,~' ~~l~ . ~' l/> ',':1:. , ."J:) . q, ~ q, i~\f'\ ~o~~w. ~,~\ '~ $\?W,~ "Z\ ~ ~~\\\ - ~~~~~ ~ ~Sq,y.~, t::l ~~~'?~ ~ z. \G~~\ ~ \ % t'l 9. t" l/> 'i>" . ! t> -. 2 ~ " ..~~i .- t\~\ ~, t'\ . '\f \ ':-\1\ }1\1 ...' \J , \~ \t\ \ "'~ ~ - ...~ ~:-'o'!!. \\\\ e.~ " It '!. ---- .,' ~ --'- ' .-- ,,\0 \', , \ \ >-':? 7l Q ~,.:::;:::;---' ,.' ~ i- 3~ '.j\ ~~ ~ , - Q \P ! , \ \ \ . ~ ___-.~:7' --" ,- ' .~. .'" .'. . p ,.' -"",,"'.' ..-:- ,.._jt;1i1Ii-'l~c";,,"-~ ,- -,<- " ' .. ..,---- ... .' ~ " ~-- ----" :~, " ...:..##....,....... ." , . eLOCA TION MAP . " KENTUCKY FRIED CHICKEN .. '/:.;: :.::~t ;.: ", , ::'8E" , .::; , . .' '. .. .., '::"EfB .. .- '0 .",.. ... ., .." .. :: !!: . .' ., , " .' I, I' t, , I' :: . '. I' ,. .:,' .' :' ;; .~:: ..~ ., :~:: :~:: f~ ,:! " '.' '0 1/8 1/4 .1 '0 AOO, '800 . . MEMORANDUM TO: Mr. Carmen Annunziato Planning Director FROM: Bety S. Boroni City Clerk September 12, 1988 DATE: RE: Planning & Zoning Board Meeting of October 11, 1988 Forwarded herewith please find the notice covering the application for a REZONING/LAND USE AMENDMENT submitted for Kentucky Fried Chicken by Siteworks Architects & Planners, Inc. This notice is scheduled to be advertised in THE POST on September 25 and October 2, 1988. ~~- P<:3!v .,- Attachment cc: City Manager w~. - RECEIVED SEP 12 2988 PLANNING DEPt, - ~ ,. NOTICE OF PUBLIC HEARING --- -. ..J . _ NOTICE IS HEREBY GIVEN that the Planning & Zoning Boara' of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC . . HEARING at 7:30 P.M. on Tuesday, October 11, 1988, at City Hall, Commission Chambers, Prime Bank Plaza, 211 South Federal Highway, Boynton Beach, to consider a request for LAND USE AMENDMENT AND REZONING covering the parcel of land described as follows: Legal Description: The North 7 feet of that certain fourteen foot alley lying north of, adjacent anq abutting to Lots 21, 22, 23 and 24 inclusive in Block 1 of Shepard Funk addition to the Town of Boynton Beach, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida. APPLICANT: Juan Gavilan AGENT: Siteworks Architects & Planners, Inc. OWNER: Anthony and Theodora Mannino PROJECT NAME: Kentucky Fried Chicken PROPOSED USE: Landscape buffer for proposed Kentucky Fried Chicken Restaurant LOCATION: North 7' of 14' alleyway to the North of Lots 21, 22, 23 and 24 on the northwest corner of N.E. 1st Street and Boynton Beach Boulevard, Boynton Beach, FL REQUEST: REZONE from R-2 Single and Two Family Residential to C-3 Community Commercial LAND USE AMENDMENT from Medium Density Residential to Local Retail Commercial A PUBLIC HEARING will be held by the City Commission Of~~~::=:=~;~~ City of Boynton Beach on the above request on October 18, 1988 at 7:00 P.M. at Prime Bank Plaza, Commission Chambers,::P~o 1988 or as soon thereafter as the agenda permits. PLANNING DEPJjk All interested parties are notified to ,appear at said ' :....,.',~:i' hearings in person or by attorney and be heard. Any P~L~UU ____. ~ who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter con- sidered at these meetings will need a record of the pro- ceedings 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. BETTY S. BORONI CITY CLERK pc CITY OF BOYNTON BEACH cc: Mayor & City Commission, City Manager, City Attorney, City Planner, J. Costello, Recording Secretary PUBLISH: THE POST September 25, 1988 & October 2, 1988 ~'($) ~ MEMORANDUM October 5, 1988 TO: BETTY BORONI, CITY CLERK FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: KENTUCKY FRIED CHICKEN LAND USE ELEMENT AMENDMENT/REZONING Accompanying this memorandum you will find a copy of the following outstanding documents: 1) Extension (third addendum) to purchase contract; 2) Purchase contracts from the two property on.the north side for their interest in ~he alley abandonment; 3) Survey for rezoning. The above documents complete the application requirements. '>>k .J:;. tLDEN JJG:ro Attachments , , " " ~@ MEMORANDUM September 2, 1988 TO: BETTY BORONI, CITY CLERK FROM: JAMES J.GOLDEN, SENIOR CITY PLANNER RE: KENTUCKY FRIED CHICKEN LAND USE ELEMENT AMENDMENT/REZONING y Accompanying.this memorandum you will find a copy of a land use element amendment/rez~ning application for the north seven (7) feet of an unimproved service alley which abuts the above-referenced project. An abandonment application for this alley has previously been forwarded to your office. Also accompanying this request is a check in the amount of $700.00 to cover the review and processing of this application and a second check in the amount of $13.25 to cover the cost of postage for the property owners mailing. A copy of the tax roll and map has previously been submitted for the Conditional Use application. The following items have not yet been submitted and will be forwarded to your office upon submittal to the Planning Department. 1) Copy of purchase contract from the two property owners which abut the alley on the north side. 2) Copy of a modified survey which indicates the north seven (7) feet of the alley to be rezoned. '(Note: The proper legal description for the rezoning can be found under item no. 2 on page 10 of the application.) ~ ". .JAPL J, ES J" GOLDEN JJG:ro Attachments ;., .2V@) September 2, 1988 Planning & Zoning Board City of Boynton Beach 200 North Seacrest Avenue Boynton Beach, Florida 33435 . . Gentelmen: In purchasing the north 7' of the alley, we would' incorporate this additional land into our current parcel which is zoned C-3. We will have the property replatted into one parcel granting easements as required. We are requesting that the north 7' of the alley be rezoned C-3 to match our current zoning. The property would be unsuitable for' development with the current zoning in that we would have property with two zoning classifications. The 14' alley is currently a city owned ~iece of property used for access for garbage trucks, police and emergency veh1cles. The rezoning of this piece of property would have no impact on its current use. We will provide an access easement thru our property connecting to the 14' alley for continued access fo: garbage trucks, police and emergency vehicles. The north 7' of the alley would be used as a landscape buffer for our proposed development. Sincerely, 33445 JG:ks ~ c -- ".-r........... - ,,/'.-- - . DAVID PLUMMER & ASSOCIATES INC. CONSULTING ENGINEERS September 2, 1988 Mr. Jim Golden City of Boynton Beach 200 North Seacrest Boulevard Boynton Beach, FL 33435 Re: Kenmckv Fried Chi~ken Rezonirul Aoolication - #88835 Dear Mr. Golden: Enclosed please find four (4) copies of the traffic statement for the above referenced project. These copies are for your use for the rezoning application. If you have any cormnents or questions please call at your earliest convenience. KMP/gb Enclosures (4) cc: Juan Gavilan James Storms 600 SANDTREE DRIVE. SUITE 205 . PALM BEACH GARDENS · FLORIDA 33410 (305) 627.0600 CORPORATE HEADQUARTERS. U25 SALZEOO STREET. CORAL GABLES · FLORIDA 331441 . (305) 444-21141 (i):Jfi5 --- --- -- "- .-- .-- -- r . . KENTUCKY FRIED CHICKEN OF BOYNTON BEACH TRAFFIC STATEMENT Project #88835 August 24. 1988 Prepared by: David Plummer & Associates, Inc, 600 Sandtree Drive, Suite 205 Palm Beach Gardens, FL 33410 ~~ ~ i INTRODUCTION The City of Boynton Beach has been requested to approve a site plan for a Kentucky Fried Chicken Restaurant. The approximate one-half acre site is located in the northwest quadrant of the intersection of N.E. 1st Street and Boynton Beach Boulevard (Exhibit 1). --- The proposed site plan has been reviewed by the City's Technical Review Board. Both the Technical Review Board and the Planning Department staff have requested a traffic study. The expressed purpose of this study is to address the following: 1. Compatibility with the proposed urban design plan. r 2. The interaction of project generated traffic with existing traffic or adjacent roadways. 3. The interaction of project generated traffic with traffic generated by existing facilities including the --- I City's emergency function. --- PROJECT DATA The proposed plan is typical of the current design and operation for Kentucky Fried Chicken Restaurants. There will be a small I interior seating area (approximately 50 seats) and drive-thru service window facilities. Twenty-five (25) on-site parking --- I I i 1 --- , Wek5 ~ I , spaces will be provided (24 required) including two (2) ~ handicapped spaces. Access to the site will be via a driveway on ~ N.E. 1st Street and a driveway on Boynton Beach Boulevard. EXISTING TRAFFIC CONDITIONS PM peak hour manual turning movement counts were conducted at the - , Boynton Beach Bou1evard/N.E. 1st Street intersection during the week of August 15, 1988. These traffic counts were taken during the hours of 4:00 PM to 6:00 PM and recorded in fifteen (15) minute increments. Twenty-four hour traffic data, including peak season, off-peak season and Average Daily Traffic volumes, ~ provided by the Palm Beach County Metropolitan Planning Organization (MPO) was reviewed and analyzed. This data was - ! , utilized in developing factors for converting the peak hour r traffic counts, taken during the off-peak season, to represent an average annual condition. - The Boynton Beach Boulevard/N.E. 1st Street peak hour traffic volumes were converted to average annual volumes using the factors as discussed above. These volumes were analyzed ~ using the unsignalized intersection capacity analysis procedures contained in the TRB' s Circular 212 in combination with the existing geometric configuration to determine current operating conditions. This analysis (Exhibit 2) shows that both legs of I I I N.E. 1st street are presently operating with long delays. This is not unexpected given the configuration of the N.E. 1st Street approaches (one lane) to Boynton Beach Boulevard and the traffic volumes on the Boulevard. ~ /" I I - 2 - ~2( r- ~, Discussions with representatives of the City indicate that delays -- also occur during the peak season. Vehicles on the south approach of N.E. 1st Street queue beyond the Fire Station exit and impede emergency vehicles. On occasions, during the peak hour, vehicles also queue through the N. E. 1st Street intersection along ,Boynton Beach Boulevard. The westbound queue begins at the Seacrest Boulevard/Boynton Beach Boulevard intersection and the eastbound queue occurs when a train is - I moving through the City. RECOMMENDATIONS TO ALLEVIATE EXISTING CONCERNS Field surveys, traffic movement observations and additional intersection capacity analysis indicates that geometric - . modifications will not substantially improve operating conditions or reduce queue lengths. It appears that the answer is to change the existing traffic control at this intersection. Replacing the -- existing emergency signal equipment with a fully operational traffic signal would solve a majority of the concerns and still ,.- i ! provide the emergency access needs of the Fire Station. In order to provide full traffic signalization several -- I modifications to the existing hardware and operational equipment, including ,but not limited to the signal heads and the control r I box, would be required. This signal would also be interconnected - I I I with the Seacrest Boulevard/Boynton Beach Boulevard traffic signal and Boynton Beach Boulevard sign~ls located east of N.E. 1st Street at the railroad tracks. This interconnect would allow - J i - 3 - - , ~;g:J- ~ I I -- .. -- I , -- , r i I - , ! I I ! r -- I ! I r r -- i i r ! ! I I I -- ! for proper progression and coordination between the three (3) signals. In addition, the Seacrest Boulevard/Boynton Beach Boulevard intersection would also be equipped with emergency pre-emption capabilities. This may require a new controller for this signal. The operational advantages of this system are numerous, particularly during an emergency situation. 1. Street/Boynton Boulevard The N. E . 1st Beach intersection be equipped with would emergency pre-emption to recall the green indications on N.E. 1st Street to allow queued vehicles to clear and also stop traffic on Boynton Beach Boulevard while emergency vehicles clear the intersection. 2. Pre-emption equipment at the Seacrest Boulevard/Boynton Beach Boulevard signal would recall the green indication on Boynton Beach Boulevard to allow westbound traffic to clear in advance of the emergency vehicles. 3. Full signal control of the N.E. 1st Street/Boynton Beach Boulevard intersection in conjunction with the required pavement markings' (stop bars, pedestrian crossings, etc. ) would discourage thru traffic from stopping in the intersection. - 4 - @~ .... i 4. Coordination with the railroad signals would provide a .... , means for controlling traffic on Boynton Beach Boulevard before it queues through the N.E. 1st Street intersection. I i .... . i With the recommended signal this intersection would operate at Level of Service (LOS) "An with existing traffic volumes and geometric configuration. I i FUTURE TRAFFIC CONDITIONS Staff has expressed a concern as to future traffic conditions and ! the potential impacts on the City's ability to provide emergency services at acceptable response times. There is particular concern relative to N.E. 1st Street, Boynton Beach Boulevard and the N.E. 1st Street/Boynton Beach Boulevard intersection. Future traffic conditions will be determined by the following vehicular .... i and geometric developments. I I 1. Increases in background traffic volumes. ,--. I , i 2. Opening of the City's parking garage imme~iate1y south of the Fire Station. I I ! 3. Traffic volumes generated by the proposed Kentucky Fried Chicken Restaurant. r I .... , i - 5 - r @~ I I ~, ! I r- I r i I r- I I I ! i - , :- r- I I r I - I I , 4. Implementation of the Urban Design Plan including improvements to N.E. 1st Street and the landscaped median along Boynton Beach Boulevard. Historic traffic data,. provided by the Palm Beach County MPO, was reviewed and analyzed to determine historic traffic growth rates. Although traffic volumes have fluctuated during the last several years they have increased at a rate of approximately 2.75 percent per year compounded. This rate will be applied to existing volumes to project future background volumes. A new City parking garage is presently under construction at the intersection of N.E. 1st Street and N.E. 1st Avenue immediately south of the Fire Station. Entrances/exits will be located on both 1st Street and 1st Avenue. Although it is anticipated that a majority of the traffic will use the N.E. 1st, Avenue entrance/exit and travel to Seacrest Boulevard, a substantial volume will also use N.E. 1st street. Traffic volumes associated with the proposed Kentucky Fried Chicken are estimated using trip generation rates contained in the Institute of Transportation Engineers' CITE), report entitled "Trip Generation", Fourth Edition. Appropriate trip generation rates and the resultant daily and peak hour trips are shown on Exhibi t 3. These volumes are assigned to the street network, intersection and driveways serving the site. This assignment is shown on Exhibit 4. It is important to note that these are not all new trips. ITE research has shown that approximately fifty ~ I'... - 6 - - i r I r i ) " percent of peak hour trips associated with fast food restaurants are captured from the adjacent traffic stream. These trips are merely diverted from the passing traffic and do not represent new trips. The City of Boynton Beach is in the process of adopting an Urban Design Plan for Boynton Beach Boulevard. This proposed plan recommends two (2) elements that are important to this analysis; the widening of N .E. 1st Street and a landscaped median on Boynton Beach Boulevard. Based on the traffic projection methodology and the roadway improvements discussed above, an analysis of future traffic conditions was undertaken. The analysis (Exhibit 5) shows that this intersection will operate at an acceptable level of service (LOS "A") during the PM peak hour if the traffic signal improvements previously recommended are implemented. SITE CIRCULATION Access to the site will be via driveway connections to/from both N.E. 1st Street and Boynton Beach Boulevard. Access to the dri ve-thru window will be predominantly from N. E. 1 st Street. The drive-thru will have storage for a maximum of four (4) vehicles. An additional three (3) or four (4) vehicle can be stored on site. The driveway 'to/from Boynton Beach Boulevard will be limited to right turn in and right turn out movements. - 7 - @ 3fi ~ ~ The proposed median on Boynton Beach Boulevard will prevent left turn movements and eliminate conflicts with the Fire Station. CONCLUSIONS ~ I Installation of a fully operation traffic signal at the N.E. 1st Street/Boynton Beach Boulevard intersection will improve traffic control and flow. The signal would increase the carrying capacity of N.E. 1st Street, enhance access to the City's parking garage and reduce potential conflicts with emergency vehicles. The additional traffic generated by the proposed Kentucky Fried Chicken Restaurant will not have a significant impact on traffic operations in the area. Based on research by the Institute of Transportation Engineers approximately one-half of the traffic to and from the proposed restaurant is already travelling on adjacent streets. Construction of the proposed landscaped median along Boynton Beach Boulevard and signalization of the N.E. 1st Street/Boynton Beach Boulevard intersection will reduce the impact of conflicting traffic movements. Left turn movements to and from the restaurant would be made under signal control only ~ at N.E. 1st Street. Turning movements at the Boynton Beach Boulevard driveway would be right turn in and out only, further reducing traffic conflicts. ~ i J ~ - 8 - @ ~ ~ , ,..l "" , - ~ en ..: .% u.s. 1 o > ..J CD :J: (.) < w CD z o .... z >- o CD ... t: ~ :J: )( 111 a. 4: ~ Z o - I- 4: o o -oJ -' Unsignalized Intersection Capacity Calculation Form BOYNTON BEACH BLVD I N.E. 1 ST STREET DO Dd ~, '.Intersection Location Plan: I ~ A :.....-..- T, o + A- -< p-- B Counts: Date B ( , 8 18R Da)' _ THUQ9, Time 4 - (0 PH Control E.1..H=.2 (', EN c." oS 16 NA l.. Prevailing Speed 30 + C Hourly Demand Traffic Volumes from _ to _. _ m Approach A -(- B-)- C ---v 0--;- Movement AI. .J Ar- All ., BI. r Br - BII "- CI. " Cr t CII,. 01.'- Dr f 011 ...J Volume 25 718 25 \ 3 6 I Co \ "3 I S (0 1.9 I 0 5 33 pch 1-<< T.bl~ II 28 '~~.~8;f;J.?:; &;rtig~~!~ \ 4 h1~h;~~~l1{ ~if;~k~:~Jq: I 4- 7 :2 I I I Co SiP Step 1 Right 1\Jrn from C/O ...... ! Conflicting Flows" MH ... (fromFig,l) Critical Gap from Table 2 T. .. Capacity from Fig. 2 "" Demand = , , Capacity Used ... Impedance Factor from Fig. 3 "" Shared Lane - See Step 3 No Shared Lane - Available Rescrve Delay &. Level of Service (Table 3) - , , Step2 Len 1\Jrn from BjA ...... I r- I : Step 3 r , ...... , Conflicting Flows,"" MH .. . (from Fig, I) Critieal Gap from Table 2 T. .. Capacity from Fig. 2 "" Demand ... Capacity Used = Impedance Factor from Fig, 3 .. Available Reserve - DelllY &. Level of Scrvice (Table 3) Thru Movement from C/O Conflicting Flows - MH .. (from Fig. I) (MT&. Mrare used in Step4) Critical Gap from Table 2 ~. ... Capacity from Fig, 2 "" Adjust for Impedance Demand .. Capacity Used .. Impedance Factor from Fig, 3 ,.- I Cllr ~ AIC + AT .. ~+.359 "" 3,}...... (p sec MNo"" M. - lo40 ~A' CIC== Q 1 I'd 100 (CICIM.) "" :3 % p."" ,gB M.-CIC"" CJ BI. r AIC + AT ..' ~+/H3==141...... 5'.5 sec MNO == M: .. BI.= 100 (BUM:) .. P: "" M, - 81. .. ..-A L-tT'TL..e: oR No DE.I...A'I' CAJ CT t ~AIC + AT + AI. + BI. + BT + BII .J,g + 118+ '25+ 14- +8.!{p+ ~ MH == MT = 1 roo I ...... - :::; ~see MN."" ., 0 ..-A MNO X Pz X P; = Mz .. ~..-A ' C.. 7 T -~1Ii I(X)(CrlMz) "" '-LL % pz"" . 9~ ON .-J ~ BIC + Br ... 7 + 4.08 ...~...... u, sec M~. .. Mj ... ~peA DII..._3f.t:;~A 100 (DIIIM i) ... ---.Ie.. % P; = .9 W ...A M;-DIC""_pCA c:J AI. .J BIC + \':: + 5. 5 see BT ... 81 ~ = 829...... ...A M~o = Mi = 41 5 ~A AI.=~peA 100 (AI.IMi) = ~ % p;... ..95 Mi - AI. - 32> 7 peA T;:(A~I t! Df-LA" CEJ Dr f ...A % ~HORr ~BIC + BT + 81. + AI. + AT + All I +9Ila+1A+W+1J.B+2~ MH = Mj,- IlDOCc_ 7.5 see M~.=~peA M,:"o x P; x PJ ... M; ... to'=' ~A (., Dr- -p"A 100 (DrlMi) - ~ % p; = ....3A:. CALCULATIONS BY DAVID PLUMMER & ASSOCIATES EXH;Jg; ,., Unsignalized Intersection Capacity Calculation Form (continued) 00 tJD Step 3 (Continued) .- No Shared lane Available Reserve = Delay & Level o(Service (Table 3) Shared lane with Left Tum See Step 4 Shared Lane Demand .. Shared Lane with Right Tum ' Capacity of Shared Lane .. Available Reserve .. Delay & Level o( Service (Table 31 Slep4 Len Thm from C/O Conflicting Flows" MH .. (Mr & Mj. wen: c:1lculated in Step 3) Critical Gap (rom Table 2 T. .. Capacity (rom Fig, 2 = . Adjust for llnpedance No Shared Lane: Demand - Available Reserve .. Delay & Level o( Service (Table 3) Shared lane Demand .. Shared lane with TItro Capacity of Shared Lane .. .- ! i Available Re:.erve = Delay & Level o(Service (Table 3) Shared Lane Demand .. _ . Shared Lane with TItro & Ri!!ht Capacity o( Shared Lane .. Available Reserve >= Delay & Level o( Service (Table 3) ! .- I Overall Evaluation Cr f M~ - CT .. MI~= CN + Cr .. Cllr .. (CN + Crl (CIl/Mll + (CrlM~1 Mu" MI~-CRT"_""A D D Dr ~ ....A M;-Or'=_....A CJ CL ~ Mr + Dr + Oil .. tkQl +-.f!. + -a~ = IlP~3...... 9 see MH.= 50 ....A MHO X Pz X P; x p; x P; .. M. M. .. 42 ....A CL .. J 4- ....A M. - CL .. D Cr + CL .. Cn .. 2. I ....A (Cr + CL, (CrlM~' + (Cd!:!.' 49 M~. - P<'A M~.-Cn...~'d 1..0NG "TRA~~IC ttlM~ M~. .. ve.R'(' CIl + cr+ CI. = Clln = -....A CIl + Cr + CI. Mu.= (CN/MI, + (CrlM~) + (CdM.) M I~. = P<'A MI~. - Clln .. ....A D ....^ Oil + Dr = oRTo: _....^ (Oil + Dr) (DIl/M;1 + (Dr/Mi> M;~=-P<'^ M;~-Ollr=_,...^ M;:l = ....A o ....A 01. '- Mr + Cr + CIl.. , , IoO~ + ....::1.- + ...21. = ~ ".. 6 see . . M.\. = 50 ",." MHo x P; x Pz X PI X P~ .. M: M:.. 4-2_,...^ 01. .. --Ll. _ ,...~ M:-DI.=_....^ CJ Mi. = Dr + DL '.. On .. -L.:Z..-,.... Or+OI. (OrlMi) 1" (DI.~~J 46 M~.-_.... M,;. - On = ~....^ l..oN(, Te.A~~Ic. CW~ VUl."f Olt + Dr + 01. .. DIlTL .. -..... ON + Dr + Dt M' .. I~. (Oil/Mil + (Dr/Mil + IOt/M;1 M;~. .. _....^ M;:l. - DIlTL" _....A CJ EXHIBIT 2 (continued) - , .#f@l; .l r I -- , ! -- ! EXHIBIT 3 BOYNTON BEACH KENTUCKY FRIED CHICKEN TRIP GENERATION CALCULATION -- A. Trip Generation Rates per 1,000 GFA. I Land Use AM Peak (1) PM Peak Dailv In Out Total In Out Total - Fast Food 17.45 16.77 34.22 738.30 -- r B. Trip Generation - 2,357 sq. ft. GFA. Land Use AM Peak (1) Out .Total In ! Fast Food -- I i I PM Peak In ~ Total 41 40 81 Dailv 1,740 NOTE: (1) Kentuckv Fried Chicken is not open for business during the AM peak hour. -- i : . SEP88L r- ! i r- I I , I i ! ~@ ,.' .- .- \ \ ; r \ .- \ i ; \ \ , -- .- ( . (f) ~~ ~ ,~~ ,r::: ~ ::::; ~ \ .... o .~ IP :x: o 0( Ul IP 'Z o ... 'Z 7 o IP ,U.S. '\ ~ coO j \ ~~: 'CO~ ::::; ~ \ \ . ... ... ... , , , , , , .. , , , , , , , , , , 1--.........- \ \ .- I us .... - (f) 000 .,.. N.E. '\ ST STREET .,.. j\ ~--1 ~ ... in ~ )( US \- Z Ul ~ Z .(!) - (f) (f) -:l. d:- d:-' 0 Ul - 0.. U- U- ~ d:- o.. 0:. \-, \- o Ul ..., o 0:. ,0.. \ o .,.. SE",CREST 6\.\10 m ~:c 00 - d:- :CUl o en '0 ' UlZ -0 o:.\- U-z ,>-'>- ~O oen ::>U- ~O Ul ~ Ii f ~. ...' ..' -' TRANSPORTATION RESEARCH CENTER CRITICAL MOVEMENT ANALVSZS r BOVNTON BEACH BLVD/NE 1 STREET DATE FUTURE PM PEAK ********************************** LEVEL OF SERVICE ~ SATURATIOrJ' :::::3 CRITICAL N/S VOL ~~ CRITICAL E/W VOL 5].?" CRITICAL SUM SES9 ************************************* r I NORTHBOUND LANE MOV WIDTH 1 RTL 12.0 2 II . .. . 3 . . . . . . . 4 . '. " .. 5 .. . . . 6 NORTHeOLlND LEFT 15 THRU 2:2 RIGHT 43 LANE GEOME"n~Y SOUTHBOUND EASTBOUND MOV WlOTH MOV wrOTH WESTBOUND MOV WI 01"1-1 RTL 12.0 RT. T.. L. .. 12.0 12.0 12.0 RT. 12.0 T..- 12.0. L... 12.0 .. .. . . . . . . .. . . TRAFFIC VOLUMES SOUTHBOUND EASTBOUND WESTBOUND r I ! 16 36 11 738 36 24 13 843 29 2 LOCAL BUSES (#/HR) C o o o PEAK HOUR FACTOR .9 .9 .9 .9 - I I NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND TRUCKS -(i.) 2 2 :2 r i I I I PHASING NIS E/W PEDESTRIAN ACTIVITY CYCLE LENGTH :1. NEITHER TURN PROTECTED :1. NEITHER TURN PROTECTED : 1. 0 - 99 (#PEDS/HR) : 100 SECONDS CRITICAL LANE VOLUMES BY MOVEMENT o EASTBOUND 452 C:l WESTBOUND 517 o THRU -RIGHT LEFT NOR-rHBOUND 72 o SOUTHBOUND &:"':) .:1_ LEFT TURN CHECI< r ! INPUT VOLUME ADJUSTED VOL CAF'ACI.rv MOVEMENT NORTHBOUND 15 o 36 (I o 01<: WESTBOUND lZ o 65 OK 20 m~ SOUTHBOUND 16 o o OK E::ISTBOUND r I EXHIB&Jgk)