APPLICATION
. '.
~
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
SITE PJdlli REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date:
3/4/96
Fee Paid: $750.00
Receipt Number:
This application must be filled out completely, accurately and submitted as
an original to the Planning and Zoning Department. Twelve complete,
sequentially numbered and assembled sets of plans including a recent survey
and appropriate fee shall be submitted with the application for the initial
process of the Site Plan Review procedure. An incomplete submittal will
not be processed.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1. Proj ect Name: Knuth Rd. PCD Service Station
2. Applicant1s name (person or business entity in whose name this
application is made):
Andrews & copans Gas & Oil Co.,Inc.
Address:
1231 W. Copans Rd.
Pompano Beach Fl
Phone:
305-977-4523
(Zip Code)
Fax:
3. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday,
/Kilday & Associates, Inc.
Address:
1551 Forum Place Suite 100A
West Palm Beach Fl 33401
Phone:
407-689-5522
Fax:
(Zip Code)
407-689-2592
4.
Property Owner IS (or Trustee,' s) Name:. .,
Bill R. Winchester,Elsle A. Wlnchester, lndlvldually, Elsie A. Winchester
as trustee, Ruby A. Winchester, THE WINCHESTER FAMILY PARTNERSHIP,LTD,
Address:
Bill R. Winchester General Partner
POBOX 1240 Boynton Beach Fl 33425
Phone:
407-732-3961
( Zip Code) -
Fax:
5. Correspondence to be mailed to:*
Kilday & Associates Inc.
* This is the address to which all agendas, letters and
other materials will be mailed.
PLANNING & ZONING DEPARTMENT - November 1991
A:SITEPLAN
( 2 )
6. What is applicant's interest in the premises affected?
(OWner, buyer, lessee, builder, developer, contract
purchaser, ete.) Contract purchaser
7. Street address or location of site: ~1;hwest corner of Boynton
Beach Blvd. & Knuth Rd.
8. Property Control II 43-45-30-01-009-001.0
Legal description of site:
R~e Attached
9. Intended use(s) of site: Service Station
10. Developer or Builder:
Same as applicant
11. Architect: Linoerfeldt-Benton & Morris, Inc.
12. Landscape Architect: Kilday & Associates, Inc.
13. Site Planner:
Kilday & Associates Inc.
14. Engineer:
Paul Lingerfeldt/Lingerfeldt- Benton & Morris,Inc.
15. Surveyor:
OBrien, Suiter, OBrien, Inc.
16. Traffic Engineer:
Simmons & White
17. Has a site plan been previously approved by the City
commission for this property? Yes .
lB. Estimated construction costs of proposed improvements shown on
this site plan: $ 600,000.00
PLANNING & ZONING DEPARTMENT - November, 1991
A:SltePlan
'II. SITE .DATA
( 3 ).
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1.
Land Use CategQ~hown in
the Comprehensive Plan
~ommercial Low Retail
.PCP Conditional Use
2.
Zoning District
Gross 1.13, Net 1.01
'"
49 295sf
43,995.6
sq. ft.
3.
Area of Site
acres
.A. Land Use -- Acreage Breakdown
8.
b.
c.
d.
e.
f.
g.
h.
i.
Residential, including
surrounding lot area of
grounds
acres
o
, of site
o
Recreation Areas *
(excluding water area)
o
o
\ of site
\ of site
% of site
\ of sitE
'Ii of sitE
\ of sitE
'Ii of sitl
!Ii of sit
acres
Water Area
o
acres
o
conunercial
1.01
89.4
acres
Industrial
o
o
acres
Public/Institutional
o
acres
o
Public, private and
Canal rights-of-way
.12
10.6
acres
Other (specify)
acres
Other (specify)
acres
j .
acres
Total area of site
1.13
100
% of sit
· including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft. .!
5. Surface Cover
a.
Ground floor building .08
area ("building footprint")
\ of sit
acres
7%
b.
o
acre!'
o
Water area
\ of si t
c.
Other impervious areas,
inclUding paved area of
public & private streets,
paved area of parking
lots & driveways (ex-
cluding landscaped areas),
and sidewalks, patios,
decks, and athletic
courts.
acres
.64
56.3
, of sil
d.
.69
60.8
% of si'
Total impervious area
acres
e.
Landscaped area .03
inside of parking lots (1l15sf)
(20 sq. ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code).
2.3
\ of si 1
acres
PLANNING & ZONING DEPARTMENT - November, 1991
II: c; \ , f'Pll!l
f.
g.
( 4) .
Other landscaped areas, .23
19.5
iii of site
acres
Other pervious areas,
including golf courses,
natural areas, yards, and
swales, but excluding
water areas 0
o
% of site
acres
h. Total pervious areas
. .
i. Total area of site
6. Floor 1\rea
a. Residential
b. Commercial/Office
c. Industrial/Warehouse
d. Recreational
e. Public/Institutional
f. Other (specify)
g.
.26
\ of site
23
acres
acres
, of site
sq. ft.
3488 sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
other (specify)
sq. ft.
h.
Total floor area
3488
sq. ft.
7. Number of Residential Dwelling Units
a.
Single-family detached
o
sq. ft.
sq. ft.
b.
Duplex
o
c.
Multi-Family (3 + attached
dwelling units)
(1) Efficiency N/A
(2) 1 Bedroom N/A
(3) 2 Bedroom N/A
( 4 ) 3 + Bedroom N/A
N/A
Total mUlti-family N/A
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
d.
8.
9.
e.
Total number of dwelling units
N/A
Gross Density
N/A
dwelling units per acre
Maximum height of structures on site
25'
1
storie
feet
10. Reguired off-street parking
a.
Calculation of required
number of off-street
parking spaces
Off-street parking spaces
provided on site plan
b.
~lSP/250 Gross
14 sp
SF @ 3488sf = 14 sp.
PLANNING & ZONING DEPARTf'.1F.NT - November, 1991
rcc.-.::::tl-':;o wtLi 15;2"2 JO:
TEL NO:
U05~ FOI
-
( S')
III. &~RTIFICATION
(I) (He) underatana that thi. application and all paper_ and
plans submitted herewith become a pArt of the permanent
records of che Planning and Zoning Board. (I) (We) hereby
certify that the above ptatomsnts and Any .tat.men~. or
showings in any pApers or plans 8ubmltted he~.w1th are true to
the be..t of (my) four) knowledge ant! belief. 'fhls applicatiQn
will not be aocepted unless signod according to the
lnst~uat1onl balow.
~. I J' liJ)S-
.L4L-<~ ~&'/{;P;t---_:
1~ &~i~T9.A~'o
Si;n.tu~e 0 ownerOO or Trustee,
of ~uthorlzed Principal if property
1. owned by . corporation or other
bUBine.. entity.
2 ,~ .2 s> - '/?
2. - ;Z ~ - 96
.
Date
IV. A"TtJORI Z~'.fl0N or AGItf.t
x
::2- d--~- q 0
Dat.
S gna ure ot OWner 8 or Tru8tO&,
or ~uthorll.d Prinoipal if property
1s owned by a oorporation or other
busiQess entity.
SPACE BELOW THIS ~INB FOR OFFICB USE ON~!
.1gn.~ person .. ~my)
thl& application.
..z.~ -2'1'-- fc;
..
.2-~~- 9b
Da~e
^
Review Sohedules
Date Reoeived
Technical aeview Board
Planning , Zcning Board
Community Appearanc. 8oa~4
Clty COIMll..1on
Date
Date r
Date
Date
St1pulations of Final APprovall
Other Government Agencies/Peraona to be contacted I
Add1tional Remark..
PLANNING & ZONING DEP~Rn~ENT - Nov.mber, 1991
1'.ISltePlan
EXHIBIT "A"
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does
hereby acknowledge, represent and agree that all plans,
specifications, drawings, engineering, and other data
submitted with this application for review by the City of
Boynton Beach shall be reviewed by the various boards,
commissions, staff personnel and other partiEs designated,
appointed or employed by the City of Boynton beach, and any
such party reviewing the same shall rely upon the accuracy
thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans,
specifications, drawings, engineering and other data which may
be approved by the C i t Y 0 f Boynton Beach, or its boards,
commissions, staff or designees shall be constructed in strict
compliance with the form in which they are approved, and any
change to the same shall be deemed material and shall place
the applicant in violation of this application and all
approvals and permits which may be granted.
The applicant agrees to allowing the City of Boynton
Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach
to bring any violation into compliance, and the applicant
shall indemnify, reimburse and save the City of Boynton Beach
harmless from any cost, expense, claim, liability or any
action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this ~
~
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i ness
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M(nes
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DESCRIP TlON:
THA T PART OF LOTS C, 0 AND E TRACT 9,
THE PALM BEACH FARMS Co.
PLA T NO. 8 OF SECT/ON 30, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
A CCORDING TO THE PLA T THEREOF RECORDED IN PLA T
BOOK 5, PAGE 73 OF Ti-lE PUBLIC RECORDS OF PALM
BEACH COUNTY,FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE A T THE POINT OF INTERSECTION OF THE
EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT
OF WA Y LINE FOR STA TE ,ROAD 804, AS SAID SOUTH
RIGHT OF WA Y LINE IS SHOWN IN ROAD PLA T BOOK 2,
PAGE 279 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, THENCE S.88"28'40"W., ALONG SAID
RIGHT OF WA Y LINE, 75.07 FEET TO THE POINT OF
0~rlt((\I(t.'r. TI-IF^IC~ ('(1,'/ ;!^.!I/~ C' 88.28'40 "w AL ONG
---'___Vi ",,",>iV, ,~... L ____J" .-J_ ,). .,
SAID SOUTh RIGHT OF" VVh'/ UfvE, 785.07 FEET,' THENCE
S.O'OO'OO'E. , 264.00 FEET,. THENCE N.90'OO'OO"E.,
785.00 FEET TO A LINE 75 FEET EAST OF AND PARALLEL
WITH THE SAID EAST LINE OF TRACT 9;THENCE N.O.OO'OO"E.,
AL ONG SAID PARALLEL LINE, 268.92 FEET TO THE SAID
POINT OF BEGINNING.
CONTAINING 49,295 SQUARE ,FEET OR 7.7377 ACRES MORE OR LESS
"'::'-t-. -' ~. '.1 .-'
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CXTY OF BOYNTON BEACH, FLORIDA
COMMUNXTY APPEARANCE BOARD
REVXEW APPLXCATION
PLEASE PRINT OR TYPE
APPLICATION TYPE CAB MEETING DATE:
FILE NO.: ( o(P2>
(X) Site Plan ( ) Sign RECEIPT NO.:
( ) site Modification ( ) other RECEIVED BY:
PROJECT NAME: Knuth Road PCD Service Station
PROJECT ADDRESS: POBox 1240 Boynton Beach, fL 33420
BRIEF DESeR! PTION OF WORK: Construct i ng
. ,/"' . ~...-._"
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Phone Number: ( 407 ) /32-39bl
phone Number: (lffiT) bB9- 0~22
OWNER : Bill R. Wi nchester
AGENT: Kleran J. K11day/K1lday & Assoc1ates
A RBPRESENTATIVB OF THE PROJECT MUST PRESENT THE PROJECT TO THE BOARD.
REPRESENTATIVE: Kieran J. Kilday/Kilday & AssociateSphone Number: (407) 689-5522
ADDRESS: 1551 Forum Place Bldg.100A West Palm Beach, FL 33401
street City state Zip Code
- - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - -, - - - - - - - - - - -
- - -
- - -
- - - -
- - - -
= = = = = =
Identify the type of architectural theme that is specified on the Cowmunit
Design District Boundary Map for your project location. Where compliance
with the Community Design Plan is required, the building(s) and/or
structure(s) proposed for the site shall be designed to comply with the
appropriate architectural design. theme, On-site and off-site landscaping
shall comply with the Community Design plan landscape requirements. The
requirements of the B~ynton Beach Community Design Plan are specified in
Chapter 7.5, Article V of the Boynton Beach Code of Ordinances.
ARCHITECTURAL THEME
CHECK ONE:
- - - -
- - - -
[] COASTAL VILLAGE ~J MEDITERRANEPJ;/SPANISH [] MODERN [] NOT APPLICABLE
- - - - - - - - -
- - - - - - - - -
= = = = = = = = = = = = =
-----
-----
- - - -
- - - -
complete the following information for the proposed project and ensure tha
the same information is identified on all plans submitted for the proposed
project including colored elevation view drawings.
Note: Color samples are required.
EXTERIOR SURFACE
ROOFING
CANOPY
CANOPY BEAMS
CANOPY COLUMNS
HECH, SCREENING
FASCIA
DECORATIVE HOLDING
SOFFIT
BEAMS
COLUMNS
TILE
DECORATIVE MOLDING
WALLS
GLASS W~LLS
BANDS/RAISED
BANDS/RECESSED
VENEER
TILE
DECORATIVE TRIM
SHUTTERS
VENTS
GUTTERS/LEADERS
MECHANICAL EQUIP.
DECORATIVE LIGHTS
DOORS/OVERHEAD
SWINGING
DOOR TRIM
DOOR FRAME
MATERIA~ COLOR:NAHE.NUMBER
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SIM.~'ONS & WHITE, I"'~:
January
Job No.
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7, 1992 ----pLA~ii-ii1iG A"lO .
92-005 _,~ill.--
Engineers. Planners · Consultants
TRAFFIC IMPACT STATEMENT
Knuth Road P.C.D.
Boynton Beach, Florida
SITE DATA
The subject parcel is located in the southwest quadrant of the
intersection of Knuth Road and Boynton Beach Blvd. and contains
approximately 13.9 acres. The site is currently approved for a
120,000 S.F. shopping center of which 34,000 S.F. is a major
department store, 74,532 S.F. consists of miscellaneous retail
stores, 6068 S.F. is a high-turnover, sit-down restaurant and
5400 S.F. is a bank with drive-through windows. The report for
the above scenario was prepared by K.S. Rogers Consulting
Engineer, Inc. dated January 30, 1990. The proposed scheme of
development consists of a 34,000 S.F. major department store,
79,740 S.F. of miscellaneous retail stores, a 4500 S.F. bank with
drive-through windows and a service station, car wash, and 1248
S.F. convenience store. For additional information concerning
site location and layout, please refer to the site plan prepared
by Kilday and Associates.
TRAFFIC GENERATION
Palm Beach County Traffic Performance Standard Ordinance No. 90-
40, Article IV APPLICABILITY, Section 2(A)(3) requires that for
the purposes of determining previous approval traffic, the
generation rates and capture rates of the previous approval shall
be updated to current pro forma traffic generation and pass-by
rates, if appli~able, and shall be used to calculate previous
approval traff~c. The proposed project traffic which exceeds
previous approval traffic on the major thoroughfare system (if
any) must meet the performance standards of Ordinance No. 90-40.
The previous approval traffic for this development may be
calculated as follows in accordance with the I.T.E. Trip
Generation Manual, 5th Edition and local passer-by capture rates
accepted by Palm Beach County Traffic Division:
General Retail (2862 S.F.)
Ln (T) = .625 Ln ( X ) + 5.985
T = Trips Per Day
X = Area in 1000 Gross S.F.
Ln (T) = .625 Ln (108.532) + 5.985
= 7438
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
-
Traffic Impact Statement
Job No. 92-005
January 7, 1992 - Page Two
GENERATION RATES (CONTINUED)
Pass-By I.
= 45.1 - .0225 ( X )
= 45.1 - .0225 (108.532)
= 42.661.
= 7438 7438 ( .4266)
= 4265
NET
Hiqh-Turnover. Sit-Down Restaurant (6068 S.F.)
6068 S.F. x 201 tpd
1000 S.F. = 1220 tpd
Less 151. Internal = (183)
Less 151. Capture = (156)
NET = 881 tpd
Bank With Drive-ThroLlQh (5400 S.F.)
5400 S.F. x 291 tpd
1000 S.F. = 1571 tpd
Less 18.051. Internal = (284)
Less 461. Capture = (592)
NET = 695 tpd
The previous a~proval traffic based on current generation rates
and pass-by rates is 5841 tpd as follows:
4265 + 881 + 695
=
5841 tpd
The total traffic to be generated by the proposed Knuth Road
P.C.D. may be calculated as follows:
General Retail (113.740 S.F.)
Ln ( T )
=
.625 Ln (X) + 5.985
.625 Ln (113.74) + 5.985
7659 tpd
=
=
_J,'~' .
ttfII
--
Traffic Impact Statement
Job No. 92-005
January 7, 1992 - Page Three
GENERATION RATES (CONTINUED)
Pass-By I.
= 45.1 - .0225 ( X )
= 45.1 - .0225 (113.74)
= 42.541.
= 7659 - 7659 ( .4254)
= 4401 tpd
NET
Bank With Drive-Throuqh (4500 S.F.)
4500 S.F. >~ 291 tpd
1000 S.F.
Less 18.051. Internal
Less 461. Capture
= 1310 tpd
= (236)
= (494)
NET
=
580 tpd
Service Station
NET
= 748 tpd
= (105)
= (373)
= 270 tpd
Service Station
Less 141. Internal
Less 581. Capture
Car Wash
Car Wash
=
166 tpd
Convenience Store (1248 S.F.)
1248 S.F. x 887.056 tpd
1000 S.F.
=
1107 tpd
Less 501. Purchase Gas
=
(374)
Less 451. Capture
=
(330)
NET
=
403 tpd
,
," l
~
Traffic Impact Statement
Job No. 92-005
January 7, 1992 - Page Four
GENERATION RATES (CONTINUED)
The total traffic to be generated by the proposed Knuth Road
P.C.D. is 5820 tpd as follows:
4401 + 580 + 270 + 166 + 403 =
5820 tpd
CONCLUSION
,
The proposed site improvements generate less trips per day than
is currently vested to the site by the above-referenced previous
approval. The above methodology has been discussed and approved
by representatives of Palm Beach County Traffic Division and is
in conformance with the Palm Beach County Traffic Performance
Standard Ordinance No. 90-40. This site is ther fore approvable
with regards to traffic performance.
R rt F. Rennebaum, P.E.
Florida Registration No. 41168
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* * * COMMUNIL., 1 nON RESULT REPORT ( APR, 4, 1996 ~..., 32AM ) * * *
TTI KILDAY & ASSOCIATES
_~~~~_~~~~_____ _ OPTION ADDRESS (GROUP) RESULT PAGE
007 MEMORY TX- ---------------------------3756357-------------------------------------------------
OK p, 5/5
----REASON-FOR-ERROR--------------------------------------------------------------------------------
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
I ,--...... . ~
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.
'SIMMONS & WHITe, INC:
,. ,
~
Engineers. Planners , ConsuJ~ants
Janua...y 7, 1992
Jqb No. 92-005
TRAF~IC IMPACT STATEMENT
i
Knuth Road'P.C.D..
Boynton Beach~ Florida
SITE DATA
The subject parcel is located in the southwest qua~rant pf the
intErsecticn of Knu~h Road and BQynton 9~ach Blvd. and contAins
approximately 13.9 acres. The $ite is ~u...rantlY approved for a
120,000 S.F. shopping center of which 3~,OOO S.F. is a majcr
department store, 74,532 S.F. consists: of misaellaneou$ retail
stores, 6068 S.F. is a high-turnover, ?it-down restaurant and
~400 S.F. is a bank with drive-through windOWS. The report for
the above scenario waS prepar.ed by K.S. Rogers Consulting
Engineer, Inc. dated January SO, 1990. ' The proposed scheme of
development consists oi a 34,000 S~F. msjor department store,
7~,740 S.F. of miscellaneous retail stores, p 4500 S.F. bank with
drive-thrDugh windows and a s~rvice statibn, car wash, and 1248
S. F . convenience store. Fer addi t,iona.!l informati'on concerning
site loca~ion and layout~ please ~ef~r to the site plan prepared
by Kilday and Associates.
~
TO:
FROM:
RE:
DATE:
Honorable Mayor, Vice-Mayor, and Members of the City C
James A. Cherat, City Attorney l^,d~
Stonehaven HOA/Knuth Gas Wall Construction Agreeme
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CITY OF BOYNTON BEACH
MEMORANDUM
July 8, 1997
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On June 19, 1990, Bill R. Winchester and the Stonehaven Homeowners' Association
entered into a written agreement (Exhibit "B" to the Wall Construction Agreement), wherein Bill R,
Winchester agreed to construct a wall on property owned by the Association. In October, 1996,
Bill Winchester and others sold the property to Knuth Gas & Oil, Inc. for the development of a
service station. The City of Boynton Beach conditioned the issuance of a building permit for the
service station on the construction of a wall to act as a buffer between a residential and
commercial-zoned properties.
The former City Engineer indicated that this condition would be deemed satisfied if
Winchester posted a cash bond in an amount equal to 110% of the cost of constructing the wall,
This was necessary because the time it would take to construct the wall would delay the
issuance of the building permit for the service station.
The attached Wall Construction Agreement serves two purposes: 1) the City agrees that
the posting of a cash bond by Winchester in an amount equal to 110% of the cost of constructing
the wall into the hands of Schroeder & Larche, P.A., as escrow agent, is deemed to satisfy the
condition precedent for the issuance of a building permit for Knuth Gas; and 2) the agreement
sets forth details of the wall construction as well as Winchester's obligation to construct the wall
and the consequences of failing to do so.
Winchester has entered into an agreement with Tom McNulty, Inc, for the actual
construction of the wall for a total of $81,150,00. A copy of the fully executed Construction
Agreement is attached hereto for your reference, Therefore, Winchester will deliver $89,265,00
to the Escrow Agent as a cash bond guaranteeing the construction of the wall,
Accordingly, this office recommends execution of the attached Wall Construction
Agreement to effectuate development of the lot along Knuth Road and abutting Stonehaven,
Pursuant to Winchester's agreement with the wall construction company, the wall must be
completed by October 30, 1997, tering into the "Y.~onstNGticn.Ag~!l'J~!l1 thEt-.City is .
, permitting Knuth Gas tp ob in a buildin witt:1oulq~!ay,._~ile at th~. same time, assuring
~_t~~t ~~~-=O~~i~i~~S f~~ issuanc~ of the permit are satisfied.
MJP/..
wp\delleloplStoneh.venlCommi..ion memo
cc: Kerry Willis, City Manager
AI Newbold, Deputy Director of Development
Tambri Heyden, Planning and Zoning Director
Alan Pellingra, Esq.
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This Agreement entered into this , ah day ot June, 1990, by
and between STOHEHAVEN HOMEOWNERS AS~ON, INC., a Florida
corporation ("Assooiation") and DILL R. wmqmSTER ("Winchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("Schroedertt). ..-
AGREEMENT
WHEREAS, there ara currently pendinq before the City of
Boynton Beach, Florida, applications for Annexation, Future Land
Use Elament Amendment, Rezoninq and Comprehensive Plan Text
Amendment: for projects known as "Boynton beach Boulevard PCD" and
"Knuth Road PCD" And an application for Future Land Use Element
Amendment trom IILow Density Residential" to "Medium Density
Residential" and rezoning from pun with a Land Use Intensity of
four (4) to PUD with a Lan~ Use Intensity o~ r~ve (5) to allow
for the construction ot 192 multi-family dwellJ.ng- units and a
church with respect to the project known as "Tara Oaks PUO"; and
WHEREAS, Schroeder is the Applicant with respect to the
application, known aa "Boynton Beach Boulevard peo" pending
before the City of Boynton Beach, Florida and is the Contract
Purchaser of t.he property which i. the subj ect or the Boynton
Beach Boulevard application; and
WHEREAS, Winohast.er is the Applicant: wit:h respect to the
application known as "Knuth Road PUD" pending- betore the city of
Boynton Beach, Florida and as a general partner of the
Partnership which owns the property whioh is the subjec~ ot the
Rnuth Road POD application can bind the owner of same; and
, WHEREAS, Winchester is the Applicant with respect to the
application known as "Tara Oaks PUD" pendinq be.tore the City ot
Boynton Beach, Florida and is the Contract purchaser of . the
property which is the subject of the Tara oaks PUD application;
and
WHEREAS, Association represents the property owners wi thin
the residential development known as "Stonehaven PUD" lying
within the City of Boynton Beach, Florida 1 and
WHEREAS, Association i. enterinq into th1. Agreement after
having II member.hip nt8etinq at which a quorum was pr..ent and
havinq raceived the Approval ot a substantial majority ot its
members as evidenced by a signed petition; and
WHEREAS, Assooiation and its members have had the
opportunity to . review the various applications and to make suoh
inquiri.. with r..p.c~ ~o .ame .s they dee.ed appropriate
includinq meetin~ with representative. ot ~e applicants; and
WHEREAS, Association is opposed to ~a development ot the
property which is the SUbj act of the "Boynton Beach Boulevard
peDn as high density residential and to the development ot the
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(e) construction ot wal_ and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) Maintenanoe ot the wall, berm, and
landscaping on both sides ot the wall shall remain the obligation
ot the developer/owner.
(3) All Austral ian p ina. wi 1:11 in tl~'ty (SO) taet
ot the stonehaven PUD property line along' Banyan Creek Circle
North and within the southernmost ten (~O) acres of the Boynton
Beach Boulevard PCD shall be removed by the developer/owner upon
initial approval ot the application by the City commissioners ot
Boynton Beach, Florida.
. 1
(4) Entry into and maintenance in effect of a
contract to provide cont.inuous rodent and pest control, such
contract to be entered into prior to commencement of closing/site
work to cover allot the property which is the subject ot the
Boynton Beach Boulevard PCD application.
(5) Building heights will be' limited to one story
(maximum 25 teet) tor anchor store only, balance of shopping
center to be maximum of twenty-two (22) teet high.
(6) All liqhting shall be ot low intensity and
shall be shielded and directed away from surroundinq properties
and rights-of-way.
(7) The arch! tect.ural treat.ment at the rear ot
the shoppinq center i. to match the front of the shopping center.
(8) Soreening and noi.. mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level it approved by the City Commission, City of
Boynton Beach, Florida.
B. In consideration ot the toregoinq promises, the
Association endorses the "Boynton Beach Boulevard PCD"
application and requests that the members at the City Planning
and Zoninq Board an4 Ci~y Commission approve it.
II. "Xnuth Road PeD".
A. Winchaater aqr... that, p~ovid.d the requ1.ite
final 9ov.rnm.n~ approvals tor the Knuth Ro.~ POD .pplica~ion are
obtained, he, as the developer/owner thereot, ahall make" or
cause to be, made, the following improvements and other
arranqeman'ts in connection with the development of the property
which is the subject ot the Knuth Road pcn application:
(1) A aix (6) foot. maaonry wall ahall Re built.
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adj acent to tho t. .at right-ot-way line o. Knuth Road trom
Stonehaven PUD's north property line (a~jacent to oftice
buildIng) south along the north right-ot-way line of the LWOD L-
25. The AS5ociation agrees to assist the developer in obtaining
approval to include this wall section in the development plans
for Knuth Road PUD subject to appropriAte impact fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and stonehaven Drive the placement
of said walls shall be done in manner reasonably suitable to the
Association. xt is the intention of the Association that these
walls contorm with the existing layout of the present entrance
into stonehaven PUD and to accommodate loca~ion ot guard gates.
(See II.A.(4) (0) below.)
(2) The l<nuth Road pen property owner shall be
required to provide maintenance for said walls for five (5)
,
years.
(3) Construction of the wall shall occur
simultaneously with site preparation and prior to the
commencement of construction ot any buildings.
(4) The owner of the :Knuth Road peD property will
participate as rollows in providing additional security of
stonehaven PUD:
~
(a) Assist in preparinq applications and
seeking approval for the abandonment by the City of Boynton
Beach, Florida, ot Stonehaven Drive from Knuth Road to LWDD L-25
to secure the satety, well beinq and property values of the
re~ddents of Stonehaven PUD. These applications will commence
upon approval or this project ~tha--City Cn'ft\mtssion of Boynton
Beach, F19~idh __-------- -~-~-- ---_
~----. --~~ --- ~~. ---~~
(! (b) Construction ot 'the following mason~,
wall ..gments which ahall occur simultaneously with ait8 I
preparation and prior to the commencement ot const~ruction of any/
buildings and (which will not be subj ect to any impact f
credits):
"------- ' ---~--
1. . A section ot a six (6) foo~ hiqh
masonry wall identical to wall in II-A-(l) fitty (50) ~..1: in
lenqth .xten4in9 from the .a.~ ~1;h~-ot-w.y of Xn~th Road
adjacent to the existing ottice building parking area along the
north property line of stonehaven PUD.
2. Construotion of a six (6) foot
masonry wall iden~iQal ~o wall in XX-A-(l) alon9 ~he north right-
of-way line ot LWOD L-25 trom a point parallel with the east
property line ot "'l'~ra Oaks PUO" easterly to the west righ't-of-
way line of Stonehaven Drive. Said wall .ection shall oommence
.
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~t:.{1t1;I~H!!Il,g:g;,. ,;..:.;&:' ;Walr pursLiant_to '(,<,.~._' __'();:,",- ',' · - ,t;,~ - '.r::~~
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from the' termination point of the wall section referenced 1n
section III below and will be the obligation of "Tara Oaks PUD".
3. Construction of an identical wall
extended from the east riqht-of-way of Stonehaven Drive along the
north right-oi-way line of LWDD L-2S. This wall shall be of an
appropriate lenqth, not to exceea fifty (50) teet, in order to
create a suitable accented entry.
4. Provide landscaping to the extent
possible adjacent to the wall sections. subject, to a final
determination of land area available. Provide landscaping in the
form of twelve (12) to fourteen (14) foot shade trees on thirty
(30) foo~ center in those areas where adjacen~ property is
available within Stonehaven PUD and agrees to provide maintenance
tor said walls for fivQ (5) ,years.
(0) Upon a Buccesstul completion of the
abandonment of Stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
quard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type
and style of guard gates along wi th the type of electronic
entrance systems to be used with these guard gates \rill be
determined by the Association. Upon completion or construction
of all walla required to be built pursuant to this Agreement, the
developer/owner of the Knuth Road peD property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five Thousand Dollar ($35,000.00) amount'
contemplated by this Agreement. These funds shall be held 1n an
interest bearinc; account. Funds shall be disbursed from this
account, in an amount up to ~hirty-Five Thousand Dollars
($35,000.00), in satisfaction of the Knuth Road pce property
owners obligation to contribute toward guard gate construction
costs aG Get forth in this paragraph. Upon completion ot
construction or disbursement o~ Thirty-Pive Thousand Dollars
($:35,ooo.QO), in the aggregate, the remaihing funds shall be
released to ~he Knuth Road PCO property owner.
(5) Installation of a ~rattic light in accordance
with 9overnm.n~al requirements a~ 'the in-t:er..gtion ,ot Boynton
-_-Beach Boulevard and Kn.uth Roacl-.--------
B. In consideration of the toregoing proJllilles, the
Association endorses the lt1(:nuth Road PCD" application and
reque.ts that the me~.r. ot the City Pl~nnin9 and Zoning Soard
and City commi..ion approve it.
IZI, "Tara Oak. POD",
A. Winohester Agrees that, provided the requisite
final government approval. tor the Tara Oak. PUD application are
-5-
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obtained, he, as the developer/owner thereof, shall make, or
oause to be made, the following improvements and other
arranqementa in conneotion with the development of the property
whioh is the subject of the Tara Oaks PUD application: I
(1) Construction of a six (6) foot masonry wall
along the north right-of-way line of LWDD L-25 from the east to a
point parallel with the east property line of "Tara Oaks PUD".
It is the intent that his wall section oonnect with the
stipulated wall section contained in the conditions or "Knuth
Road PUD". This wall shall be landscaped in the same manner as
the wall, in II-A-(4)-(b)-4 and developer agrees to provide
maintenanoe for said wall for five (5) years.
(2) Creation ,of a twenty-five (25) foot wide
landscape buffer along the ,north property line adjacent to the
south riqht-of-way line of the LWDD L-25 Canal. That buffer will
consist of landsoaping which cons lets of a minimum of two (2)
rows of shade trees twelve (12) to fourteen (14) feet in height
at time of planting located on thirty (30) toot centers. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on oenter ueparation.
(3) No buildings shall be located closer than
forty (40) feet from the north property line of "Tara Oaks PUDIt.
This setback creates a minimum separation of one hundred seventy-
five (175) teet from the most northerly building to the closest
individually owned south property line of Stonehaven PUD.
B. Based on the foregoing, the Association e~dorses
the "Tara Oaks PUD" application 4\nd requests that the members of
the city Planninq and Zoning Board and city commission approve
it.
IV. Miscellaneous.
A. Walls oontemplated by this Agreement shall b.
masonry walls provided by Anchor Wall systems, or .imilar
oonstruct.ion, inoluding pilast.er oaps on all columna with the
Assooiation approv1n9 the color and ~extur. on all such walla.
D. Winchester and Schroeder agree to pay reasonable
attorneys' fees incurred by the Association for its law tirm to
review thi. Agreement.
V. Aareement to Run with Land. It is the intention ot the
partie.. that the obligation to make the improvements and other
arrangements desoribed in this Agreement, with respect to each of
the real properties which are the subject ot the applications,
shall if the applioations are approved, become covenants running
with the land and shall be bindin~ upon the initial
d.v.lo>>.~/own.~ ot the ~~cp.rty an4 .aQh p~op.~~Y owner
-(5-
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thereafter 50 long as that person or entity shall have an
ownership interest in the property. Neither Winchester nor
Schroeder shall be under any personal obligation to make, or
cause to be made, the improvements and other arrangements
provided for in this Agreement with respect to the real
properties which are the sUbject of the Boynton Beach Boulevard
pen, the Knuth Road pen and the Tara Oaks PUD applications if the
provisions of this Aqreement with respect to all of such
improvements and other arrangements are, by the filing of
appropriate instruments, made covenants of record running with
the land and binding upon the person or entity having fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
affirmative injunctive relief to enforce specifically the full
and timely performance of the obligations set forth in this
Agreement concerning the ma.king of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstanding, neither
winchester nor .Schroeder shall have any personal or other
obligation to make, or cause to be made, the improvements or
arrangements prov ided for in' this Agreement as to any of the
properties, which are the subject of the referenced applications,
unless the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the City of Boynton Beach with respect
to same.
AS ~O B~LL R. WINCHESTER
,
AS ~O MICHAEL A. SCHROEDER,
TRUSTEE
(Winoh..ter\stonel.Aqm\06/19/90)
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