LEGAL APPROVAL
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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
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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:
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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
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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
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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.
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SECOND, FINAL READING and PASSAGE this
J)ecte m/;er , 1988
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(Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
(":;;?! 4 tr'(a.td~-<--
Mayor ~
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Commissioner
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Commissioner '
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Co issioner
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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
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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>
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p,-^NNlNG DEPT.
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Subject to restrictions,
limi ta tions , condi tions ,
agreements of record.
reservations,
easements and
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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.
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section 4 :
Should any section or provision of this
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Ordinance or any portion thereof be declared by a court of
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competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
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Section 5:
This Ordinance shall become effective
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immediately upon passage.
FIRST READING this ~ d day of December, 1988.
SECOND, FINAL READING and PASSAGE this de; -tit day
lJe&.mbeY , 1988.
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Mayor
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Commissioner
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Commissioner
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City C k
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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
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· 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
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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
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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.
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CARMEN S. ANNUNZ TO
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City of Boyntori"'Beach; Florida
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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~
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1. Project Name:
Kentucky ,Fried Chicken
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2. Type of Application (check ~ne)
a.
Rezoni ng onl y .
b.
Land Use Amendment only
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c.
Land Use Amendment and Rezoning
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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):
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Juan Gavilan
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Address:
.2145 N.W. 14th'Street
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__J>;:.!!:.~_~~~cl1.l_Q.E.E.!.<<!~_~~~~-------.:.---.---------------_____
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Telephone
Number:
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5., Agent.s Name (person, if any, representing ~pplicant):
Siteworks Architects & Planners, Inc.
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Address: ___~~1~~~i~~2~[~2~~V~~~~L~~.!.~_~~~_______________________
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~_~.EX~to~_~~~b~J~_~~~2~___________________________________
..ee
Planning Dept. 4-86
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Telephone
Number:
407-737-9606
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6. Property. Owner's (or Trustee~s) Name:
Address:
__~~~~!~~~11~~!~~_____________~_______________________
2145 N.W. 14th Street
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Telephone
Number:
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407-243-0219
7. Correspondence Address (iT diTTe;en~ than applicant or ag~nt):*.
Send all 'correspondence to Siteworks Architects '& Planners Inc.
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as Agent. ' .
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* This is the address to which all agendas, letters, and other
materials will be mailed.
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8. What is the applicant's interest in the subject parcel?
, (Owner, Buyer, Lessee, Builder, Developer, Contract purchaser, etc.>
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.f~~tr2~t~~!~~a~~!!~~1~l~~!___________________________________________
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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
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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~..:__
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11. Area OT Subject Parcel
(to the nearest hundredth (1/100> oT an acre):
Containing .03 acres 1442.5 sq. ft.
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12.
Current Zoning District:
_~~_~~~1~_~J~~~2~t~_~isjE~~tj2!___________
C-3
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Proposed Zoning Di~~rict:
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14. Current Land Use Category: Me2!~~E~~~~1_~~1~~~~~~__________________
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15. Proposed Land Use category:lOC!~_~~!~~E~~~~~~~____--_______________
16. Intended Use of Subject Par-cel: Laa~p~~~_L~2~ed_________~
__~nt~~JJj~nJJti~k~Be~~~_________~________________________---
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17. Developer or B~ilder:
_~~~SlWliLB~~_________________________
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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~~~___________________________
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23. Surveyor: __~~b~r~!~_~~Eh~~_~_~S~E~i~~~--~-~--~~------------------
II.
MATERIALS TO BE SUBMITTED WITH 'APPLICATION
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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
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____(3)
If t.he applicant is represented by ~n authorized agent:
A copy
Planning Dept. 4~86
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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.
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. '(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
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(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.
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-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 .
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(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";, ;~},~,,~:...,~ ,;...... ,.. ':' .. -,'._,' .
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, .~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(:. ...:;,'"
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'-l.:I~r:~~RWjl~;~~;.,"'!I'TIOar.l. Mm1NmO:and, 'Iheodora lWNmO" his ~wife,".:,:::.\ ,.';j}I';I',I',:,;,"l,; ',';.. .;:, ' "
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~';>"Or:\::'3015"S~. O=ean Blvd. :"I!iqIiiand VeaCh, ,Florida" "1".'33431"" ~"'Il~':" "..'. (Ph,' . ":" , ",.' " )as~e\ler,l\nt!
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~~~{,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~ .~{:.. .".
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'....,. "~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.
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,\~,'. ,'fO~MtSSlo.t:l"~:rUl~:~KIfI{:rhe"Clh,:rhcrebyri:c\iiflliiell . .' ".,'. :",',".,
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,,;.'.;:, ~~,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) ,; , ' ," ,;. .', ',' " .., _ .., . ,>" . ,"
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tll b~ held lIuhject tll lhi~ ClIl1trucl: Ii"'check', ~~b~c~i to c:J~a'rllllcc. ',' " "'.
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Gl':CONl) Z\DDENDUM
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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- ~
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l\NI'lICNi Ml\NNIN::>
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WI'INESS
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wrl'NE9S
\
(SEAL)
'rlIEOOOill\ MmNINO
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(~~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)
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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
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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)
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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) ,
.
, .
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WIT"'~SSES: (Tw,o recommended but NOT required) -'-"
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Executed by Seller on
l.'
September 30, 1988
.',
. .
GORDON' CRHWLEY
(Seller)
''''r'l
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" '
.
"
(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. .' ','
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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,. ' ' ,
, , ,$
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KENTUCKY FRIED CHICKEN
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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
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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.
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Attachments
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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
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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.)
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Attachments
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September 2, 1988
Planning & Zoning Board
City of Boynton Beach
200 North Seacrest Avenue
Boynton Beach, Florida 33435
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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
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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
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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
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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).
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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.
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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
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City's emergency function.
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PROJECT DATA
The proposed plan is typical of the current design and operation
for Kentucky Fried Chicken Restaurants.
There will be a small
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interior seating area (approximately 50 seats) and drive-thru
service window facilities. Twenty-five (25) on-site parking
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spaces will be provided
(24 required)
including two
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handicapped spaces. Access to the site will be via a driveway on
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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
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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,
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provided by the Palm Beach County Metropolitan Planning
Organization (MPO) was reviewed and analyzed.
This data was
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utilized in developing factors for converting the peak hour
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traffic counts, taken during the off-peak season, to represent an
average annual condition.
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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
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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
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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.
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Discussions with representatives of the City indicate that delays
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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
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moving through the City.
RECOMMENDATIONS TO ALLEVIATE EXISTING CONCERNS
Field surveys, traffic movement observations and additional
intersection
capacity
analysis
indicates
that
geometric
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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
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existing emergency signal equipment with a fully operational
traffic signal would solve a majority of the concerns and still
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provide the emergency access needs of the Fire Station.
In order
to
provide
full
traffic
signalization
several
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modifications to the existing hardware and operational equipment,
including ,but not limited to the signal heads and the control
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box, would be required. This signal would also be interconnected
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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
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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.
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4. Coordination with the railroad signals would provide a
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means
for controlling traffic on Boynton Beach
Boulevard before it queues through the N.E. 1st Street
intersection.
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With the recommended signal this intersection would operate at
Level of Service (LOS) "An with existing traffic volumes and
geometric configuration.
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FUTURE TRAFFIC CONDITIONS
Staff has expressed a concern as to future traffic conditions and
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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
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and geometric developments.
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1.
Increases in background traffic volumes.
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2.
Opening of the City's parking garage imme~iate1y south
of the Fire Station.
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3.
Traffic volumes generated by the proposed Kentucky
Fried Chicken Restaurant.
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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
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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.
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The proposed median on Boynton Beach Boulevard will prevent left
turn movements and eliminate conflicts with the Fire Station.
CONCLUSIONS
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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
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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.
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Unsignalized Intersection Capacity Calculation Form
BOYNTON BEACH BLVD I N.E. 1 ST STREET
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'.Intersection
Location Plan:
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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
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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)
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Step2
Len 1\Jrn from BjA
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: Step 3
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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
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~+.359 "" 3,}......
(p
sec
MNo"" M. - lo40 ~A'
CIC== Q 1 I'd
100 (CICIM.) "" :3 %
p."" ,gB
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MH == MT = 1 roo I ......
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MNO X Pz X P; = Mz .. ~..-A '
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81 ~ = 829......
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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
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MH = Mj,- IlDOCc_
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M,:"o x P; x PJ ... M; ... to'=' ~A
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100 (DrlMi) - ~ %
p; = ....3A:.
CALCULATIONS BY DAVID PLUMMER & ASSOCIATES
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Unsignalized Intersection Capacity Calculation Form (continued)
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Step 3 (Continued)
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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 ..
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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)
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Overall Evaluation
Cr f
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MHO X Pz X P; x p; x P; .. M.
M. .. 42 ....A
CL .. J 4- ....A
M. - CL ..
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Cr + CL .. Cn .. 2. I ....A
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EXHIBIT 2 (continued)
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EXHIBIT 3
BOYNTON BEACH KENTUCKY FRIED CHICKEN
TRIP GENERATION CALCULATION
-- A. Trip Generation Rates per 1,000 GFA.
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Land Use AM Peak (1) PM Peak Dailv
In Out Total In Out Total
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Fast Food 17.45 16.77 34.22 738.30
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B. Trip Generation - 2,357 sq. ft. GFA.
Land Use
AM Peak (1)
Out .Total
In
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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.
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TRANSPORTATION RESEARCH CENTER
CRITICAL MOVEMENT ANALVSZS
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BOVNTON BEACH BLVD/NE 1 STREET
DATE FUTURE PM PEAK
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LEVEL OF SERVICE ~
SATURATIOrJ' :::::3
CRITICAL N/S VOL ~~
CRITICAL E/W VOL 5].?"
CRITICAL SUM SES9
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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..
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12.0
12.0
12.0
RT. 12.0
T..- 12.0.
L... 12.0
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TRAFFIC VOLUMES
SOUTHBOUND EASTBOUND
WESTBOUND
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16 36
11 738
36 24
13
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29
2
LOCAL BUSES (#/HR)
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PEAK HOUR FACTOR
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.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)