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CORRESPONDENCE CITY OF BOYNTON BEACH, FLORIDA APPLICATION FOR ANNEXATION INSTRUCTIONS All properties within a single application must be contiguous and immediately adjacent to one another, or be the subject of separate applications. No application shall be accepted unless it is presented on the official form of City of Boynton Beach, Florida. The applicant must submit two copies of this application and other required information. Before an application may be accepted, it must fufiy comply with all required information as stated below. ATTACH THE FOLLOWING REQUIRED INFORMATION TO THIS APPLICATION: 1. a. A copy of the recorded subdivision plat if the SUbject property is a lot or lots of record. or b. All other property must be shown on a certified legal survey made by a surveyor registered in the State of Florida and drawn to a scale appropriate to the size of the subject property. The legal survey shall include an accurate legal description of the SUbject property to be annexed, and a computation of the total area of the subject property, computed in square footage and to the nearest one-tenth (1/10) of an acre. 2. A statement of the applicant's interest in the property to be annexed, including a copy of the last recorded Warranty Deed, and: a. If joint and several ownership; a written consent to the annexatioR petition by all owners of record, ~ b. If a lessee, a copy of the Lease Agreement and written consent of the owner, ~ c. If an authorized agent, a copy of the Agency Agreement or written consent of the seller/owner, or d. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is'in fact an officer of the corporation or other business entity, or e. If a contract purchase, a copy of the Purchase Contract and written consent of the seller/owner. COMPLETE THIS APPLICATION FORM AND SUBMIT WITH REQUIRED ATTACHMENTS TO: CITY OF BOYNTON BEACH PLANNING DEPARTMENT 200 NO. SEACREST BLVD. ~ BOYNTON BEACH, FL 33435 (407)738-7490 -2- . <"~ 0'. CITY OF BOYNTON BEACH, FLORIDA APPLICATION FOR ANNEXATION DATE APPLICATION FILED: DATE OF TENTATIVE APPROVAL: REJECTION: DATE OF COMPLETION OF ANNEXATION REPORT: ,. DATE OF ORDINANCE PROPOSAL: ORDINANCEi DATE OF ORDINANCE ADOPTION: REJECTION: DATE OF REFERENDUM IF REQUIRED: RESULTS OF REFERENDUM: FOR AGAINST DATE ANNEXATION BECOMES EFFECTIVE: DO NOT WRITE ABOVE THIS LINE FOR DEPARTMENTAL USE ONLY GENERAL DATA Winchester, Winchester, Zieher & Schroeder. Name of Developer/Owner: A Florida General Partnership Area of subject Property: 36,717 Sq. Ft. or 0.84 Acres Estimated Present Population: -0- AR-Agricu1tura1 Existing Zoning: Residential .' Densi ty Allowed:.1 du/Sac d. u. 1 S Proposed zoning: C-3 Density Allowed: N/A d. u. 1 s" EXISTING UTILITIES ,- Water: Boynton Beach ntilit.ip~ Wastewater Collection: Boynton beach Utilities ". ',.1' \ ~ " '-~ . ,"'".' EXHIBIT "A" PA({Cl-:L n ^ PARCEL (W LAfW LYING IN SECTION 30, . TOWNSHIP 45 SOUTH, RANGE ,43 EAST. PALH BEACH COUNTY. FLORIDA, SAID'PARCEL BEING A PORTION OF TRACTS A '" B. BLOCI-: J OF PALM BEAC..... FARMS COMPANY PLAT NO. 8 'OF SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73. PUBLIC RECORDS qF PALM BEACH.COUNTY, FLORIDA. ,. . SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMMENCING AT THE NORTHEASt GORNER OF SECT10N30~: TOWNSHIP 45 SOUTH. RANGE 1,3 EAST: THENCE WITH A BEARING OF. SOUTH' 87 32..'04'" WESl. ALONG TIlE NORTH LINE OF SECTt'ON 30, A DISTANCE OF'6q;OO' FEET TO A POINT !.:IN THE. WEST RIGHT-Of-WAY LINE OF CONGRESS AVENUE: THENCE Cf.JNTlNUE Al/.INGTHF. AFOREMENTIONED COURSE EXTENDED A DISTANCE (IF. 733.71, FEET .n) " POUlT: TIIENCE WITH A I:3EARINO OF SOUTH 01 :18' I,J.....!:AST'. ALONG A LINE LYING 120.00 FEET WEST OF ANll PARALLEL TO THE: EAST LINE OF LOTS A & B. BLOCK 3. OF THE ABOVE DESCRIBED PLAT OF 'rALH D~C" FARMS COMPANY PLAT. NO. O. A,DtSTANCE OF 25. 00:' FEET TO ',. POlMT.' SAID POINT BEING THE POINT OF BEGINNING: . .THENCE CONTINUE ALeNtJ 'THE AFOREMENTIONED PARALLI-:1. LINE A DISTANCE OF 191.0/, FEET Tl"A f'OlNT i)N TIlE NOHTH RIGHT-OF-WAY LINE OF BOYNTbN BE^~H BLVD: THENCE WITH A BEARING OF SOUTH 87 32' 47" ~EST.'ALONG THE .HORTH RIGHi~OF-WAY LINE Of BOYNTON BEACH BLVD., ^ DISTANCE OF 168;"3 FEET: THENCE NORTH 1.6 52' 58" WEST. A DISTANCE OF 35.71 FEET TO A POINT. ON THE EAST RIGIH-Of-WAY LINE OF WINCHESTER' 'PARK BLVD.: THENCE WITH ^ SF-AlUtIG OF NORTH 01 18' 43" WEST. ALONG THE. EASTERLY RIGHT-Of-WAY LINE OF WINCHE~TER PARK BLVD" A DIST^NCE OF 165.54 FEET TO A POIi'll; TliF.tK'E WITH A BEMUNG 0"- NORTH 97 32' 47" EAST. AI.ONO A LINE LYING 25.1)(1 FF.E" sourH OF AND PARALLEL TO THE NORnl LItlE OF' SECH(.N JtI. A DI STANCE 0F 193. 9J, FEET MORE OR LESS TO THE POINT OF 8F.GINNJNG. C("HAINltlrJ (,I,'J!, ACRF.:::: f )I~. '11.' SI;'U^B~: FF:~:Tl '"')Rf- ')R LES~ AND SUBJECT 1'(. t.ASF:MENTS AmI RTGllTS OF WAY OF REC(IR[l /:' . .}. Klldey & Assocletes Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 . Fax: (407) 689-2592 JUSTIFICATION STATEMENT FOR RESTAURANT SITE AT WINCHESTER PARK BLVD. & BOYNTON BEACH BLVp. The petitioner is requesting the annexation of .84 acres of property into the city of Boynton Beach. This parcel of property is located at the Northeast Corner of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard. Winchester Park Boulevard serves as a main entrance to the Boynton Beach Mall from Boynton Beach Boulevard and is a signalized intersection. The land use designation of the property in Palm Beach County is Commercial High and in Boynton Beach is Local Retail Commercial. The proposal of the petitioner is to make the entire site zoned C-3 Commercial upon annexation. The Boynton Beach Comprehensive Plan indicates this property to be located Land Use Problems and Opportunities Area 7.g. This section of the Plan states: "Those parcels along the north side of Boynton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail Commercial land use category and ,zoned C-3 Community Commercial.1I This petition accomplishes all of these goals. The petitioner proposes to develop the site using the permitted uses of the c-3 zoning District. For the purpose of defining impacts, a restaurant use has been designed and specified. The proposed use will have no adverse impacts as there are no neighboring residential parcels of land. ;, ~ ," .. ~~~L 'I~ 4~~.. I.__~{I? :~'l "l~_ . -'~~I !',.' '_ _ e'&'ux I d11L 1: _ " I . ~.. 'u I-LL- J Jl. tn.' ~ -:--c: - - I r ~. .J ~J " ;- ..__ ,'..71_. . - .-~: . I ~ j p .: I J- >..~' ~_. , ~ ~ J~ t\ ~ , _, .~"".:f.~. -- .. . I .r.~PlJJPf i .:' ~,' 1'~f.::~ ; I ~b;~ ~J;REl! 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R ~~='3,; '(;~ . ~~~, ..WIt.'....... \iJ:T'"f" 1riI.1~.rsr' II ";,r::.>jfJ.i J ".. _ .r~-";~~~~~I:.;!.~' ;;'~"\~J ~ L.:~~'u,-:~ ;N~~:f.~~~::~~I~ltr~\~i"~'~' ll!~ :~' --/P.!!jt! =l~ a: ,'(rf'i2. ~.?- !i'J?..~'~" ' .. ....": ,- I'{' I, ~ ~ ~, ~ I ....~I > I .. I 1 '.' L: .. ~ ,/ -- - ...., ~L~ 1-nt~\'A~\t '~1iI-W~~". '\i! t - v~ ,I If ;~. "": ,a ,I ,OJ, r /1 /:1 JI""O...~. ~-~:"..:.~~ i'~~ ~'llilliW"!IIH ':~~ 1 d" ~ ~;I f Clly of Boynton.Beaeh ~.f!I!!!1lng Department Name of Development/Owner Winchest.err W;n~np~~prf 7.;pnpr ~ ~~nrne Locate the subjf~t proper~v on this map and shade in the area. . ., ! ......\. ,. 'I OWNERS AUTHORIZATION Under the provisions for Voluntary Annexation, Florida Statutes require that a petition for annexation must bear the signatures of all owners of property in an area to be annexed. The authority authorizing a person other than the owner to sign such a petition must be attached to and accompany such petition. .. :,',."" , l..\~' ,'::::.:, ~ dd/)L~.~-fi; signature of Owner(s) of .. a~o c'i'-:fJ:d</ -Az " Record '-"Signatur of Applicant ij / , c.' ~ !' :..:; '. ~ Elsie Winchester, Gen. Partner William A. Zeiher, Gen. Partner Michael A. Schroeder, Gen. Partner Bill R. Winchester, Gen. Partner Type Name of Owner(s) Kieran J. Kilday/Kilday & As~ociates Type Name of Applicant ~ - i I l t ! l ~ \ I " I ( !' i I I I ~ ~ I, .. ; ; r \ ! !: . ,. ! ~ i I f'. I'. I.' ,',1 I :L H 1', " f f t. .' ~' '" 1 i' ,.. ;' ~t: 9290 Nickels Blvd. Street Address 1551 Forum Place, Ste. 100-A Street Address Boynton Beach, FL. 33436 City and State West Palm Beach, FL. 33401 City and State 407-689-5522 Telephone Number 407-689-5522 Telephone Number . . ~ .' " . APPLICANT'S CERTIFICATION (1) (We) affirm and certify that (I) (We) understand and will. comply with the provisions and regulations of Boynton Beach, Florida Zoning Code. (I) (We) further certify that the above statements or diagrams made on any paper or plans submitted herewith are true to. the . best"of (my) (our) knowledge and belief. Further (I) (We)' . .. understand that this application, attachments, and fees become part pf':. the Official Records of Boynton Beach, Florida and are not returnable~.' ; :. ,'" . . - . . ", : ....:....;:. APPLICANT IS: Owner ~~.L/~ r:d4i/ #Iv.. . Signatu1J/of pplicant .c:/ .~". Kieran J Kilday Kilday & Associates, Inc. Type Name of Applicant :' . optionee Lessee l55l Forum Place 100A street Address ....,: xx . Agent West Palm Beach,FL 33401 city and state .' . Contract Purchaser (407) 689-5522 Telephone Number " /..-.... ,- ' .- 1\- k v...,~~:;z.:: , , ", ~'~ 1 , ,~. " ,"f. , ". ',,'" AFFIDAVIT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) :." Before me, the undersigned authority personally~appeared : t.. . Bill R. Winchester , who being by me"fIrst duly sworn, on oath deposes and says: 1. That he is the fee simple owner of the following described' property, to-wit: (Give legal description) See attached Exhibit "A" . " " " " "~"~I' . "" (Attach if insufficient s~~ce) - 2. .That he desires annexation to Boynton Beach, Florida. 3. That' he has appointed Kieran J. Kilday/Kilday & Associates.' to act as agent in his behalf to accomplish the above. ,~f,~d~L;t; (S~gnature of owner)' Affiant Sworn to and subscribed before me~ ;. ... -Sk-m~~~~ Notary ~Ublic, State of Florida at Large ,. , ".... l!~'!1l"J r-~r)~:,~, S9C!~n of F!orilll' ~y r.,'r.\'1t(~~1:m t:'r;r~o; ::'c". 13, J993 ~ ---.---.....!-.-----....-.---- . t.nl..~....~ TJ~.ru_~,~Jn.nu.oI'\tO 11lc. NOTICE OF MUNICIPAL ANNEXATION FROM: City of Boynton Beach, Florida . . Please be advised by this notification and attached 10cat10n map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY PLANNER. Winchester Blvd. Restaurant, aka Name of Development/Owner: Retail/Oil lube, West Boynton Beach Blvd. Ordinance # 90-63 or Special Act of State Legislature: Bill # Effective Date: 12/18/90 Area of Subject Property: Sq. Ft. .84 Acre: Estimated Present Population: -0- Estimated Number of Existing Dwelling Units: -0- Estimated Present Residential Density: 1 d.u./l0 acres dl. 61. i /:,1; e.6~ Zoning: C-3 Density Allowed: -0- d.u.1s/aCl Existing Type of Development: vacant Proposed Type of Development: restaurant *Owner or Petitioner *County Commissioners All City Departments *County Planning, Bldg, Zoning All Utility Companies *Area Planning Board Chamber of Commerce *Countywide Planning Council Bureau of Census *County Tax Assessor *Clerk of County Circuit Court *Secretary of State to receive copy of ordinance Attachment Location Map *Supervisor of Registration *State Beverage Department *State Department of Transportation 6Al WEST BOYNTON BEACH BLVD. RETAIL/OIL-LUBE LAND USE ELEMENT AMENDMENT/REZONING PLANNING DEPT. MEMORANDUM NO. 90-211 TO: Chairman & Members Planning & Zoning Board THRU: Timothy P. Cannon A0 Interim Planning Director '/~ FROM: James J. Golden Senior City Planner DATE: June 27, 1990 SUBJECT: West Boynton Beach Boulevard Retail/Oil-Lube - Annexation, Land Use Element Amendment and Rezoning Application Kieran J. Kilday, agent for Bill and Elsie Winchester, William A. Zeiher, and Michael A. Schroeder, property owners, is proposing to annex into Boynton Beach a .84 acre tract of land located at the northeast corner of Winchester Park Boulevard and West Boynton Beach Boulevard (see attached location map). The property is currently zoned AR (Agricultural Residential) in Palm Beach County and it is vacant. Included with the annexation request is a request to amend the Future Land Use Element of the Comprehensive Plan to show this land as "Local Retail Commercial" and to rezone from AR to C-3 (Community Commercial). As outlined in the attached correspondence in Exhibit "A", the applicant has requested an amendment to the original applications to delete the parcel located north of the L.W.D.D. L-24 canal (1.6 acres). The attached location map reflects the elimination of the 1.6 acre parcel. The applicant is also proposing to develop the remaining .84 acre parcel for a fast food restaurant instead of a commercial center with a quick oil change establishment. A quick oil change establishment would not be permitted under the Cityls C-3 zoning district regulations as a principal use on a parcel of such small size. It should also be noted that readvertisement of these applications is not required, as the boundaries of the proposed annexation have not been expanded beyond what was originally advertised. Although the proposed use of the site is for a restaurant, if the property is rezoned to C-3, it developed for any use permitted in the C-3 zoning unless otherwise restricted by the City Commission as a of zoning approval. fast food could be district, condition PROCEDURE These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with State Statutes and Boynton Beach Codes, Ordinances and Resolutions as follows: 1. F.S. 163.3161: Local Government Comprehensive Planning and Land Development Regulation Act. 2. F.S. l66.041: Resolutions. Procedures for Adoption of Ordinances and 3. F.S. 171.011: Municipal Annexation and Contraction Act. 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning and Section 9.C: Comprehensive Plan Amendments - Rezonings. 5. Boynton Beach Ordinance #79-24. 6. Boynton Beach Resolution #76-X: Procedures for Annexation. 7. Boynton Beach Ordinance #89-38: Comprehensive Plan. PM No. 90-211 -2- June 27, 1990 These regulations have been listed for informational purposes. Paraphrasing, these regulations require newspaper advertisements, public hearings with the Planning and Zoning Board and the City Commission, review by the Florida Department of Community Affairs (DCA), and Commission adoption of ordinances to annex, amend the Future Land Use Element and rezone. CURRENT LAND USE AND ZONING As previously discussed, this AR (Agricultural Residential). surrounding area varies and is the table which follows: property is undeveloped and zoned The land use and zoning in the presented for your information in DIRECTION JURISDICTION ZONING LAND USE North East South West Boynton Beach Boynton Beach Boynton Beach Palm Beach County C-3 PU PU AR Vacant Lift Station Post Office Vacant FUTURE LAND USE AND REZONING The subject parcel lies within the Cityl s Reserve Annexation Area. Pursuant to Section 9.C.2(2) of Appendix A-Zoning, staff analysis of the proposed zoning is not required where rezoning is requested in conjunction with an application for annexation and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with the zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan. Wi th respect to the above, the proposed land use and zoning categories requested would be consistent with the language for Area 7. g. of the Comprehensive Plan Future Land Use Element Support Documents, which reads as follows: 7.g. Unincorporated Parcels Along North Side of Boynton Beach Blvd., east of Knuth Road Those parcels along the north side of Boynton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial. COMPREHENSIVE PLAN ANNEXATION POLICIES The proposed annexation is consistent with the policies pertaining to annexation contained within the Comprehensive Plan Intergovernmental Coordination Element. Palm Beach County has been notified of the proposed annexation. However, comments have not been received as of this date. RECOMMENDATION The Planning Department recommends that the applications submitted by Kieran J. Kilday for Bill & Elsie Winchester, William A. Zeiher and Michael A. Schroeder be approved. This recommendation is based in part on the following: 1) That the parcel is contiguous to the corporate limits; 2) That the parcel lies within a County pocket and it is in the path of urban development; 3) That the parcel is located within the City1s utility service area; PM No. 90-211 -3- June 27, 1990 4. That the parcel is located at the intersection of an arterial road and a collector road and it is suitable for commercial development; 5. That the intensity of the land use and zoning desired is consistent with the language for Area 7. g. of the Comprehensive Plan Future Land Use Element Support Documents; 6. That the request is consistent with the Comprehensive Plan annexation policies; and 7. That the zoning category requested is consistent with the proposed use of the site for a restaurant or other local retail land uses. /1 ~.~~) )7LQ& ( JAME1f J. GOLDEN JJG:frb Encs A:PM90-2l1 EXHIBIT IIAII Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 uUl.i.c ~V I , 4'_" ..... ~ _'....,1 ::1 C 2..~:. ,.;.s G(.. ~d~[.6. S2~~O_ Ci:y r_a~~~~ :: i. t ~,: --, -- 3 ~-= I i [~ :. '-:::-... B ~ f;1 ',:: L. :2J :~ 30~'~t~~~ B2~.:i ~0:~:~V~~~ ;j .': ,".- .... ,...... ~.- B t~~ .~:~ C' ~-.. i 1... ~ -.. -).~""), ':':, .... ...... .........,... .;"-..:.. 72;':.:1 tiC:1 '", ....,:""' ,.'" l..I ~........, y ;:; c; , ' ~ "= ::. .J r~ :... :j. 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[.:.,.;;::-:1._- '. ......',:. .:; 0 _....... ~J__, ..... ,.' .;..L'_ Kilday & Auociatea landscape Architectsl Planners 1551 Forum Place Suite 100A West Palm Beach, Aorida 33401 (407) 689-5522 · Fax: (407) 689-2592 June: :6, 1390 :-:r. Jar-as J. Goldsn Se~~or City Planner Ci~y of Boynton Beach 120 E. Boyneon Beach 30u:evard Boynton Beach,' FL 33-'35 ~e: ~nne^aeion/Land Use/xezoning Petitio~ fc~ R=~ai: nmZ&S Parcel} Our ?roj ece Ho. 799.6 .-: .. "'--- ~\.:::a Dear Hr. Golden, The above referenced peci~ic~ ~s currdn~:y s~~;d~:~d :0 D~ heard at: the July 10, 1990, Planning and Zoni~g 3oa~d pub:~c h~aLing. We are re~uesting a revision of this p~eition co acres of th~ ori~~~a: 2.44 acre petition as w;ll as proposed l.lS;: fro::: l-.;tai:.', cO;!l:.tercial/oil :~b8 :0 reseaurant. c:.:::~~ca :. s ~€;.';:'S:"J.i.g ~~c .1 :u3 ~ :.:>o.:i vie would the July ~ . . a~~o requds~ c~~c ~~~s 10, 1950, ?lann~~g a~d p~ti~icn rc~ain O~ t~c a~=~~a Zo~icg 90a~d pu~:~: hea=~~g. :0:: If yo:.: :.a"le any q\.l~S~~/.Jn.s, please don't tesitate :0 _....' ~ '-..:\..~. ::Hncercly, ~--- - Ft?R. ?::.eran .;. :~i:da~l =C. 3:'11 Wi~chester ~;i:lia~ A. Z~ih~r :!i cr.~1e::" A. S ::ht-ocdel" - - -- r ',J,. ~-'~ I".. ',' fI ,... . '.: .. .' o' .... .,': '", .... . "',' . ""''-'''''~~ ./ ., . /~CU."'C"..J' . /"YP: J./ _-/, . 77 ',"7 ,;'. f:' .' LJ ~.i{j;"'~\t.{A I"Y . 7"" . 1...;../..../'1.;;. . ....,.. . ' .. ,'..'.\ . . BOYNTON BEACH PLANNING DEPARTMENT ANNEXATION APPLICATION FORM NOTE: . This form must be filled out completely and accurately and must accompany all applications submitted to the . Planning Department. (2 copies of applicat~on required) .' PROJECT NAME: . " . ",,' ,'" ... AGENT'S NAME: Kieran J Kilday/Kilday & Associates , 0',. ',' . ADDRESS: 1551 Forum Place IOOA '. .: West PalmBeach,FL 33401 " ," . " .~, . PHONE: (407) 689-5522 OWNER1S NAME: Winchester, Winchester, Zeiher (or trustee's) ADDRESS: c/o Michael A. Schroeder, Esq. . . ' & Schroeder a Florid~ ',. General partnership' :.':', .;{: One Lincoln Pl~c~,. S~e~~~~ .~ ." 1900 Glades Road, Boca Raton, FL. 33431 '. .' . . '. . ~ '- . .' , . . .... .' ,0.... .....' .','10" PHONE: 407-833-5605 I," '. .. . . ~~, . ...;,', PROJECT LOCATION: Northeast Corner of Boynton Beach Blvd. and (not legal description) Winchester., BlVd. .0 '., : " ',~,":',:.: I ,., ".:>....... CORRESPONDENCE ADDRESS:* (if different than agent or owner) i~~f{l ...... .,!ti~~*; . to ;",;:':'''' * This is the address to which all agendas, letters and other materials ~ill be forwarded. ",." \..... , ., !", ' '::, . .~: -1- ., :.' , .. , .' . . . . ",,', '. .. . : :::, :~ ",:: ... . ;.' 'j. ~:.' .:. .,'.... '" . " " ." ,...,.:<::..::;/A;; ',' . ' '., ';;,. ':~'. . ,'....::,.\>:';.J: . . ""1 ..-.... -, '.. .~'~,.... "~"""'...." -, _.~.,~...~~,--~ ,.{...:.:,,~>~,.:.....,'......:..~-~\ ,/ 'i~~~~.;.~~t!1'o"''''''.''''' ".,....,.., . " '. ....;:'M<~~""i~."nor,~~~~.r.~~ , . ~ ,. , EXHIBIT "A" PA({CEL n. A PARCEL OF LA~D LYING IN SECTION 30', TOWNSHIP 45 SOUTH, RANGE ~3 EAST. PALM BEACH COUNTY. FLORIDA, SAID'PARCEL BEING A PORTION OF TRACTS A & B, BLOCK ;l OF PAI,.M BEACH.' FARMS COMPANY PLAT NO, 8 'OF SECTION 30. ToWNSHIP 45 SOUTH. RANGE 43 EAST.. PLAT BOOK 5, PAGE 73, PU~LIC RECORDS qF PALM BEACH ,COUNTY. FLORIDA. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . " 'COMMENCING AT THE NORTHEAST. CORNER OF SECTION30~ '. TOWNSHIP 45 SOUTH, RANGE 43 EAST; . THENCE WITH A BEARING OF. SOUTH' 87 32....47.. WESj. ALONG TUE NORTH LI NE OF SEeTI'ON 30, A 01 STANCE OF' 60; OO'FEET TO'A POINT 01'1 THE. WEST RIGHT-Of-WAY LINE Of CONGRESS AVENUE: TIfENCE C(.)NTINUE Alf.lNIJ'THE AFOREMENTIONED COURSE EXTENDED. A DISTANCE tlF,733.7/, FEET.TO A POWT: THENCE WITH A BEARING OF SOUTH 01;'18' 4;3", ,EAST. ALONG A LINE LYING 120.00 FEET WEST OF AND PARALLEL TO TH~ !^ST LINE OF LOTS A & 8, BLOCK 3. OF THE ABOVE DESCRIBED PLAT OF'PI\.i.M DKACfI FARMS COMPANY PLAT. NO. 8. A,DtSTANCE OF 2S.00,:FEET TO ',. P01NT: SAID POINT BEING THE POINT OF BEGINNING: . .THENCE CONTINUE ALONG 'THE AFOREHENTIONED PARALLIo:L LINE A DISTANCE OF' 191.0/, FEET Tt.'A P(IlNT 1)1'1 TilE NOHTH RIGHT-Olo'-WAY LINE OF BOYNTON BEACI-IBLVD; THENCE WITH A BEARING OF SOUTH 87 32' 47" l'JEST.'ALONG THE NORTH RIGHT-Of-WAY LINE Of BOYNTON BEACH BLVD., A DISTANCE OF 168;43 FEET; THENCE NORTH 46 52' 58" WEST, A DISTANCE OF ,35.71 FEET TO A POINT ON THE EAST RIGHT-Of-WAY LINE OF WINCHESTER :PARK BLVD.: THENCE WITH A BEARING Of NORTH 01 18' 43" WEST. ALONG THE, EASTERLY RIGHT-Of-WAY LINE OF WINCHESTER PARK BLVD, ,A DISTANCE OF 16S. S4 FEET TO A POINT; THF.NCE WITH A BEARING c.1I-" NORTH 87 32' 47" EAST, AI.ONe A LI NE LY JNG 2S. 00 FEE'[ SOUTH OF AND PARAL.LEL TO THE NORTH LINE OF SECTION 30. A DISTANCE nF 193.94 FEET MORE OR LESS TO THE I'OJNT OF BKCJNNJNC. CONTAHIJ I'IG (), 04 Ar.::RE~: c Jf;" ., 1/ SQUARI<; Fn:n 110RF. l)R LESS AND SUBJECT re, EASEMENTS AND RIGl/TS OF WAY OF RECORD of... . " CITY OF BOYNTON BEACH, FLORIDA APPLICATION FOR ANNEXATION DATE APPLICATION FILED: DATE OF TENTATIVE APPROVAL: REJECTION: DATE OF COMPLETION OF ANNEXATION REPORT: . '. . DATE OF ORDINANCE PROPOSAL: ORDINANCE it DATE OF ORDINANCE ADOPTION: REJECTION: DATE OF REFERENDUM IF REQUIRED: RESULTS OF REFERENDUM: FOR AGAINST DATE ANNEXATION BECOMES EFFECTIVE: DO NOT WRITE ABOVE THIS LINE FOR DEPARTMENTAL USE ONLY GENERAL DATA . Winchester, Winchester, Zieher & Schroeder. Name of Developer/Owner: A Florida General Partnership Area of subject Property: 36,717 0.84 Acres Sq. Ft. or Estimated Present population: -0- AR-Agricu1tura1 Existing Zoning: Residential .' Density Allowed:.1 du/5ac d. u. 1 S Proposed Zoning: Density Allowed: d.u.'s C-3 N/A EXISTING UTILITIES Water: Bovnton Beach ntilit':ip!,: Wastewater Collection: Boynton beach Utilities Solid Waste (garbage): City of Boynton Beach .. -3- ., ,. '"', ' . ~. , .: .1 '.; .,~ ,"; :/<~:~"~'~':~')~;~'~;' .; STATEMENT OF USE Existing Use: Vacant Proposed Use: Fast Food Restaurant ..- JUSTIFICATION Express in your own words why this annexation will be beneficial to Boynton Beach, Florida: See Attached EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED See Attached Exhibit "A" ;~,' " . . ": ~ ~ -4- ." .. .. .. w ..' o' k ~ , I , !1I!1 1.,J 11 l' City of Boynton.Beach p!.&r:!t'lng Department Name of Development/Owner Winchest.p-r. W;n~h~~r~r. 7.;~h~r ~ ~~hrneder Locate the subj~~t property on this map and shade in the area. . '"I : " -5- ~ .; I ''\.'.> --.J G,./{u , .. OWNERS AUTHORIZATION Under the prov~s~ons for VOluntary Annexation, Florida Statutes require that a petition for annexation must bear the signatures of all owners of property in an area to be annexed. The authority authorizing a person other than the owner to sign such a petition must be attached to and accompany such petition. A d'k/~~4t;- Signature of Owner(s) of Record . , Elsie Winchester, Gen. Partner William A. Zeiher, Gen. Partner Michael A. Schroeder, Gen. Partner Bill R. Winchester, Gen. Partner Type Name of Owner(s) Kieran J. Kilday/Kilday & As~ociates Type Name of Applicant ,_ ~ 9290 Nickels Blvd. Street Address 1551 Forum Place, Ste. 100-A Street Address Boynton Beach, FL. 33436 City and State West Palm Beach, FL. 33401 city and State 407-689-5522 Telephone Number 407-689-5522 Telephone Number ... -6- Kilday & Associates Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 JUSTIFICATION STATEMENT FOR RESTAURANT SITE AT WINCHESTER PARK BLVD. & BOYNTON BEACH BLVD. The petitioner is requesting the annexation of .84 acres of property into the City of Boynton Beach. This parcel of property is located at the Northeast Corner of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard. Winchester Park Boulevard serves as a main entrance to the Boynton Beach Mall from Boynton Beach Boulevard and is a signalized intersection. The land use designation of the property in Palm Beach County is Commercial High and in Boynton Beach is Local Retail Commercial. The proposal of the petitioner is to make the entire site zoned C-3 Commercial upon annexation. The Boynton Beach Comprehensive Plan indicates this property to be located Land Use Problems and Opportunities Area 7.g. This section of the Plan states: "Those parcels along the north side of Boynton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial." This petition accomplishes all of these goals. The petitioner proposes to develop the site using the permitted uses of the C-3 zoning District. For the purpose of defining impacts, a restaurant use has been designed and specified. The proposed use will have no adverse impacts as there are no neighboring residential parcels of land. ~. .... 'J:.:.--. . . '~,.,,,,,~!1.~~"')),""~~"I.I1'I-:-"I~r.I.r"".'i~">li;" .' "!" p' ,. .' \ ,\ ' . .' " .... "" ,.... .: .'I....-,.-,~ I ;'j EXHIBIT "A" "i, " '" .... .', ,. .....'. PAHCKL n . , ',' " .;,.... . . .', )::",.:1,' .1, " ,.' '''' ,.: : A';P.ARCJ;:V OF l.AND ;.l. YI NO IN SEc;TION 30,. TOWNSHIP. 45 SOUTH . .RANGE ,43 ~&AST. .' PAl.M BEACH': COUNTY, FLORIDA, SAID PARCEL BEING A PORTION ,01" TRACTS A & B, 8LOCK :3 OF PAJ,.H BEACH,' FARHS COMPANY PLAT NO. 8 OF SECTION 30. TOWNSHIP 4S SOUTH,' RANGE 43 EAST. PLAT BOOK S. PAGE 73, PU~LIC RECORDSqF PALH BEACH,COUNTY. FLORIDA, \: .~A~O LAND SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ;\ . I.~.: ... . 'COMMENC1NG AT THE NORTHEASt CORNER OF SECTION' 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST:.' THENCE WITH A BEARI NG OF SOUTH 97 32. "7" ,WESj"ALONG THE NORTH LINE OF SECTI'ON 30. A DISTA'NCE OF 69, 00' FEET 'TO '..IA' POI.NT (IN.'THE' WEST RIGHT-OF'-WAY LINE OF CONGRESS AVENUE: THxNCE.C<;NTINUE ALr.11'IC'THE AFOREHENTI(INED C<.1URSI-: EXTENDED A DISTANCE' OF".733.7ft FE!!T'. ',TO A POWT: THENCE WITH A BEARING OF ~UTH 01 '18. 43?,j.EAST'. ALClNG:A .LINE .LYING 120,00 FEEl' WEST OF, AND PARALLEL TO TH~ !AST'LINE OF LOTS A & B, BLOCK 3, OF THE ABOVE DESCRIBED PLAT OF:r.\U(,DP'.ACII'FARHS COMPANY PLAT. NO. O. A DtSTANCE OF 25.00 'FEET TO' ;'j..': PO.INT:', SAID POINT aEING THE POINT OF BEGINNING: THENCE CONTiNUE ALONO :THE AFOREMENTIONED PARALI.r:1. LINE A DISTANCE OF 191.04' FEET T<,,'A 'f>()lNT i)N nm NOHTlI IUC:HT-O"'-WAY LINE OF BOYNTON BEACH .BLVD: TH.E'NCE WITH A BEARING OF SOUTH 87 32' 47" WEST.. ALONG THE.NORTH RICHT':OF-WAY'LINE OF' BOYNTON BEACH BLVD.. A DISTANCE OF 16a:43.FEET: THENCE NORTH i.6 52' 58" WE:ST. A DISTANCE OF3~.71 FEET TO A POINT ON THE EAST RIGHT-()I:-WAY LINE OF WINCHESTER PARK BLVD,: THENCE WITH A BEARING OF NORTH 01 19' 43" wEST, ALONG THE EASTERLY RIGHT-Of-WAY LINE (IF WINCHE~n:r< PARK BLVD.. A DISTANCE OF 165,5t. FEET TO A POINT: THEtK'E WITH A BEARING <:Ift NORTH 87 32' 47" EAST ....ALONG A LINE LYING 25.00 n:E'1 SOUTH OF AND PARALLEL TO THE NORTH LINE OF S!CTION 30. A DISTANCE AF 193.94 FEET HORE OR LESS TO THE I'OINT OF BEGINNING. CONTAHUJ:lG o~ 04 ACRES {3tS. 717 S(,Iu^n... FHl'l 11'.'Rf. ')R LES~ AND SUBJECT TO EAseMENTS Mm RTCIlTS OF WAY Or REt':("f<[' " '.. ~ . '..,' f' '. ...::! - ..~~.. / W_O"/..;Vl;..q',, /~ /9, Jq . '- .- /. - l be~p._Y2s_e~~~p.~s~I_B~P.LQ8_8s~Q~!~8_BEEb!~e!lQ~ City of Boynton Beach, Florida Planning and Zoning Board \1\ Please Print Legibly or Type all Information. This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two copies to the Planning Department. Incomplete applications will not be processed. I. ~~~sBab_l~EQB~a!lQ~ 1. Project Name: __~~aataLJaL~dL~aata~t_____________________ 2. Type of Application (check one) -------- a. Rezoning only -------- b. Land Use Amendment only XX c. Land Use Amendment and Rezoning .--------- 3. D~te this Application is Accepted (to be filled out by Planning , Department): 4. Applicant"s Name (person or business entity in whose name this. application is made): Winchester,Winchester,Zieher & Schroeder A Florida -'~.ELIl EL:r. <%.1.. _~C!..:r.tn..~:t;:.~l:l:i..R. _GLQ.. 31..:lQ.h.Cl..U .A........s..c.lll:.QJ~.d.e..t:..~-Esp.L_____ Address: _i~QQ_~i~g~~_~Q~q~_QD.~-L~~~QlQ~a~~~~uLta_1QL_________ _l2..Q..Q..Cl._~Cl.t..Qn..~ -E.l._ll4..ll.. __'_ ______ ________ __,___ ______________ Telephone Number: 407-833-5605 Address: _~e:..~~_~:..~~~C!.~~_~~_~~<!.~_~_~~~~~:h.~!.~!!.-_--___----___--- .' 1551 Forum Place, Suite IOOA . ---------------------.------.----.------------------------- 5. Agent~s Name (person, if any, representing applicant>: _~~!!.~_~~~~~~~~~L_~l_ll~~l______________________________ Planning Department 1-86 page 1 . .: ~ ;:,<;.:.(ll:.;:~~\,~~~~ .11. Area o~ Subject Parcel (1/100) of an acre~: <to the nearest hundredth 0_. ~.:...~-E.Bs _____...._________.' ~___._____________ ------------------------- Planning Department 1-86 page 2 .-.----------------.--- "1 '.'. , .' 12. Current Zoni ng Di stri c:t: ..AR.....:-_...Agr; ('111 +11rrl' ...Re!:~..idF...n:t.ia..l-__________ 13. Proposed Zoning District: _~~J____________________________________ 14. Current Land Use Category: ~JL_~~________________________ 15. Proposed L;:lnd Use CatE~gory: .__Connnpr("'; rll -!--.J...o.ca..l.....r..e:ta.i.J,__________ 16. Intended Use of Subjec:t Parc:el: Fast Food Restaurant ------------------------------------------------------------------ ------------------------------------------------------------------- 17. Developer or Bui 1 der: __~~I1l.~._~~_~..EE..~~.S:..~I!..S________________________ 18. Arch i tect: __~~________..__________________________________________ 19. Landscape Architec:t: _N~~_________________________________________ 20. Site Planner: Ki1da~~~~~------------------------------ 21. Civil Engineer: __...K....S.- Rngf"r~, P F.. 22. Tr af f i c En gin eer : __....K..J3..........R.o..g.e..:c.5...f-...P_...E-____.________________________ Richard L. Shephard & Associates, Inc. 23. Surveyor: II. ~6I~Blab~_IQ_~~_8~~~lII~Q._~lI~_eEEbl~eIlQN The following materials shall be submitted~ in two (2) c:opies. (c:heck) ~_a. This application form. _~__b. A c:opy of the last rec:orded warranty deed. ____c. The following doc:uments and letters of c:onsent: _~__(1) If the property i~; Lmder joint or several ownership: A written consent to the application by all owners of rec:ord, and (2) If the applicant is a contract purc:haser: A copy of the purchase contract and written consent of the owner and seller, and ~ (3) If the applicant is represented by an authorized agent: A c:opy of the agenc:~ agreement~ or written consent of the applicant, anQ. (4) If the applicant is a lessee: A copy of the lease agreement, Planning Department 1-86 page 3 I)~ T.'.~'_ _~ - --~. -,----_,_.~" ___"'~" _m________ _ "'_"1..,':.:'01;;:'",' ,~~r.; :\\",}~:..\;i . ro': ;,,:~. .' ~ \ :.., ~',: f',l.',', Cb) Existing and proposed grade elevations. ec) Existing or proposed water bodies. (d) Form of ownership and form of oroanization to maintain spaces and recreational facilities. (e) A written commitment to the provision of all necessary.. facilities for storm drainage, water supply, sewage collectioh and ~reatment, solid waste disposal, hazardous waste disposal, fire protection, easement~ or rights-of-way, roadways, recreation and park areas, school sites, and ether public improvements or dedications as may be required. (11) For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districi:s shall also be S":1:l:j,sfied. FurtJ1ey-mere, .;;\11 materials reqUired' for a subdivision master plan shall also be submitted. III. BEEblgaIIQ~_EEg~~ Fees shall be paid at the time that the application is submitted, according to the fees which have been ~dopted by ordinance or resolution. The Planning Department will inform ~he applicant as to the fees which are required. All fees shall be paid by c~p-ck, payable to the City of Boynton Beach. IV. .g~Br!El~6IIQ~ el) (We) understand that this application and all plan and papers submitted herewith become a part of the permanent records of the PI anni ng and Zon i ng Board. (I' (vJe) hereby .=erti fy "that the above . statements and any statements or showings in any papers or plans sllbmi tt~d herewi "eh ,::\re trOLlE? to HH? best o-F (my) (our) knowl edge and belief. This application will not be accepted unless signed , aC:CO~i nJ ztof:~ i ns"l:ructi ons belot'J. / .dtfL2~'rJ~_l,JJL1-_~-f:.?!~.!:..~t)u ~. _~~' ~;:_2_Q____ Signa~ure of Owner(s) of(~Trustee, Pb~t~ or Authorized Principal if property is owned by'a corporation or other bLlsiness entity.. v. AUTHORIZATION OF AGENT ~~~2c2~~Z~24~ k/aa//C- 'a..;?q~/C.. SignatUJ~f Authorized ~~ ~ / (I) (\.tJe) h~reby desi gna'te the above si gned person . Clgent \<Ji"l:h/e~ard to this applic.ation_ f~~~~~~___________ Signature of Owner(s) or Trustee, ----~~~~--- Date as {my> (our) authorized --~~~-~~------ t?"i):i\: e Planning Depal~tment 1-86 p"::Ige 7 ," Kilday & Associate. Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 REQUIREMENTS G. AND H. PROPOSED RESTAURANT Items (g> and (h) of the Land Use Amendment/Rezoning Application require a justification and a comparison of impacts between existing zoning and proposed zoning. In this case, the request of the petitioner is to bring the property into conformity with the Comprehensive Plan of Boynton Beach which recommends zoning of C-3 which already exists on other properties adjacent to the site. Currently, in Palm Beach County, the property is zoned AR-Agricultural Residential, a rural zone entirely inappropriate for this property which is located at the center of an existing urban commercial area. The application contained herein is consistent with the current County Comprehensive Plan designation of CH/8 (Commercial High) and the Boynton Beach designation of Local Retail Commercial. The current zoning would not allow any development on less than five (5) acres in size and then only a single family home would be permitted. 1. The current zoning in the County would allow for one dwelling unit per five acres which would not allow a lot of lesser size. 2. The proposed uses are the retail uses permitted within the C-3 district. For land use intensity purposes a restaurant has been designated for the site. 3. The owner anticipates development of the property to commence upon final approval and permitting within the normal time restraints of proceeding through the process. 4. Employment projections: Assuming a restaurant use, two shifts of 15 employees would allow a total of 30 full time employment opportunities. 'lIlU!"~!'.:~ILl .' . .. . 'l'~"'.)l~"'~~\Y'1llll"\1.ll'~1i1"....t(....,..".,.".,..,.,-.,.""<.,.,, , . 1'; .. ;... c '; ". ....' ~ ',.,f'"' ' , : ..~" I ; ...~~, . .r..... .-.1.....:;j.f(~:;$r.-:~~~~1o~~~.~ EXHIBIT nAn :... . ':..' ,. .... ;1, PARCIo:L n " ,.'.. ,,' .':,' ,I,'" :A':~ARC~VOJ'l' I..AND:.LYING IN SE~TioN 30, ,TOWNSHIP, 45 SOUTH. .RANGE ,43 :1iJ\sr. . PALM BEACH: COUNTY, FLORI DA. SAID PARCEL' BEING A PORTION OF 'TRACTS A 8. B ,BLOCK 3 OF PAJ..H BEACH.' P'MMS COMPANY PLAT NO. 8 OF SECTION 30. TOWNSHIP 45 SOUTH; RANGE 43 gAST. PLAT BOOK 5, PAGE '3. ~U~LIC RECORD~qF PALM BEACH COUNTY. FLORIDA. ::..~~,;,;:( ," ,', . ~. .' . . .. , < '$A~D LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ..'. .I'LI ':COMM'ENC1NG AT THE NORTHEAST CORNER OF SECTION. 30.. TOWNSHIP "5 'SOUTH. RANGE 43 EAST:,' THENCE WITH A BEARING OF SOUTH 87 32'''''' ,WEST. ALONG THE NORTH LINE OF SECTI'ON 30, A DISTA'NCE OF 60.00' .FEET '10';;"" POINT OW'THE' WEST RIGHT-OF-WAY LINE OF CONGRESS' AVENUE: Tij"JtNCE CONTINUE ALONe'THE AFOREMENTIONEO COUR~E EXTENDED A DISTANCE OF': 733.7/, FEET', '.TO A POWT: THENCE WI TH A BEARING OF SOUTH 01 '18' i,,3'\',EAST;. ALOrro.'A.LINE..LYINC 120.00 FEET WEST OF AND PARALLEL TO THg !ASTLINE OF LOTS A & B. BLOCK 3, OF THE ABOVE DESCRrBED PLAT OF.'r;."Li-f'OKACIIFARMS COMPANY PLAT. NO. O. A DISTANCE OF 25.00 FEET TO' ;j..... P01NT:' SAID POINT BgING THE POINT OF BEGINNING: THENCE CONTiNUE ALeNa :nlE AFOREHENTIONED PARALLEl. LINE A DISTANCE OF 191. 04~ FEET T<.' 'A 'pcilNT i)N TnI-: NOHTJI IUCHT-N'-WAY LIN~ OF BOYNTON BEACH ,BLVD: THK'NCE WITH A BEARING OF SOUTH 87 32' "," WEST, ALONG 'THE.NORTH RICHt":OF-WAY.LINE OF BOYNTON BEACH BLVD., A DISTANCE OF 16a~43.FEET: THENCE NORTH i.6 52' S8" WEST. A DISTANCE OF ,3~. 71 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WINCHESTER PARK BLVD.: THENCE WITH A BEARING OF NORTH 01 18' 43" WEST, ALONG THE EASTE~L"f RIGHT-Of-WAY LINE (IF WINCHE~TEr~ PARK BLVD., A DISTANCE OF 165.54 .FEET TO A POINT: THENCE WITH A BEARING 0'" NORTH 87 32' 47" F;AST,...Al.ONC II. LINE LV-IN':'; 25.1)(1 FEE'I SOUTH OF AND PARALLEL TO THE NORTH'LINE OF SECTION 30. ^ DISTANCE nF 19JQ4 FEET MORE OR LESS TO 'THE !'OINT OF BEGINNiNG. CONTAINING C.1..04 ACRE~: (3~. 717 $(.IUAHI-. FF.F.Tl 11'_'Rf. OR LES~ AND SUBJECT TC' !ASeMENTS ANt) RIGIlTS (IF WAY OF RE\':('R[1 . ~,,\: . ,'." ..,;. .. '.. .-. --.-.---..-... NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, May 8, 1990, at City Hall, Commission Chambers, 100 E. Boynton Beach Blvd. Boynton Beach, Florida, to consider a request for ANNEXATION, LAND USE AMENDMENT AND REZONING covering the parcel of land described as follows: Legal Description: Parcel B A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat No.8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commencing at the Northeast corner of Section 30, Township, 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a point, said point being the point of beginning: thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right of way line of Boynton B~ach Blvd.: thence with a bearing of S 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet: thence N 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a bearing of N 01018'43" W, along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point: thence with a curve to the right having a radius of 2193.99 feet, a central angle of 0039'11", and an arc length of 25.01 feet to a point: thence with a bearing of N 87032'47" E, along a line lying 25.00 fE;!et North of and parallel with the South line of Section 19, a distance of 193.80 feet: thence with a bearing of S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. 1 -,; Containing 1.06 acres (46,412 sq. ft.) more or less and sub- ject to easements and rights of way of record. Parcel C A parcel of l~nd lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Southeast corner of Section 19, Township 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right of way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 927.68 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a curve to the right along the East right of way line of Winchester Park Blvd. with a chord bearing of North 00007'08" East, a radius of 2193.99 feet, a central angle of 03004'56", and an arc length of 109.59 feet to a point: said point being the point of beginning: thence continue along the aforementioned curve having a chord bearing of North 03008'08" East, a radius of 2193.99 feet, a central angle of 03010' 18" and an arc length of 121. 45 feet: thence North 83016'46" East, a distance of 269.64 feet: thence South 02027'13" East, a distance of 41.60 feet: thence South 68003'48" West, a distance of 297.76 feet: more or less to 'the point of beginning. Containing 0.51 acres (22,037 sq. ft.) more or less and sub- ject to easements and rights of way of record. WWZS Parcel A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat No.8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Commencing at the Northeast corner of S~ction 30, Township 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a 2 point, said point being the point of beginning: thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described Plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right o~ way line of Boynton Beach Blvd.: thence with a bearing of 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet: thence N 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a bearing of N 01018'43" W. along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point: thence with a curve to the right having a radius of 2193.99 feet, a central angle of 06003'33", and an arc length of 231.04 feet to a point: thence N 83016'46" E, a distance of 269.64 feet: thence S 02027'13" E, a distance of 225.38 feet to a point on a line lying 25.00 feet North of and parallel with the South line of Section 19 thence with a bearing of S 87032'47" W, a distance of 91.20 feet: thence S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. Containing 2.44 acres more or less, and subject to easements and rights of way of record. APPLIcANT/ OWNER: Winchester, Winchester, Zeiher & Schroeder A Florida General Partnership c/o Michael A. Schroeder, Esquire AGENT: Kieran J. Kilday & Associates PROJECT NAME: Retail/Oil Lube PROPOSED USE: Oil Change facility and Local Retail LOCATION: Northeast corner of Boynton Beach Blvd. & Winchester Blvd. REQUEST: REZONE from AR-Agricultura1 Residential in part / c-3 (City of Boynton Beach) in part to c-3 entirely. LAND USE AMENDMENT from cH/8 (County) & LRc-Local Retail (City of Boynton Beach) to Commercial/Local Retail ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above requ~st on May 15, 1990, at 6:00 P.M. at City Hall, Commission Chambers, or as soon thereafter as the agenda permits. 3 . . All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK PUBLISH: THE POST April 22, 1990 & April 29, 1990 cc: City Commission City Manager City Attorney City Planner slbjWINc.Z.S.2 4 ,,;.~'tr.1t. ~~' --- i. t:,I' -, / T ! 1 I 1 , j\ I} 1 T I ... _...._... .1 c _ I (, .--o-8-iiy--;/9:--:;.~----""'-..:.- -------.. .., _.___ _ ~.__ 'v" o,..~ C/-l.t-IAL r -r ';-" ,,0 --- T I'T1 1 -1 .,~ \ 1 .~.,\ U ~ .+-\..r I r I \ c ~~ ~ voir ~ nl TlL- n - . J)( ~ ~ U{j:, .tt I ~ ~ --i~ ~ 'I ~\ ~ I ..& ~ "f i- 1 \....." ___ \ ' . '1IN . I --...,J...... 1-1 - I ~ L I tJ i- · I - I _..N I L- IE .... (j ;::!:" '. . j:: \ ...... 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L. ~~~ ,~~~~~ MIL~S~ \ '\' 1 1600 F~ET ~ f)LA /,.I/\I/}I/ t: ""H1r:11 ^ 11 11 T~ -n- l' O/"I) . AOy/V-rON. o p C D 'CI - I , I.: NOT; ~ IN CITV - : . , I ... S\lfE 1. ~. ':L tICJ , \ .3 j'~ ", 'NI T ~ I ~ CI~ Y , t}~. r1T \ ,/ -, FlU 1/4 PLANNING DEPT. MEMORANDUM 90-035 TO: J. Scott Miller, City Manager Timothy P. Cannon, Interim Planning Director r-~ THRU: FROM: James J. Golden, Senior City Planner DATE: February 23, 1990 SUBJECT: Applications (6) Submitted by Kilday and Associates For Annexation, Land Use Element Amendment and Rezoning The Planning Department has notified the applicant that the above-referenced applications are incomplete (see attached correspondence dated February 13, 1990). Whether the applications are complete is important, with respect to meeting the Palm Beach County Traffic Performance Standards Ordinance, since only previously approved projects and complete applications received before February 1, 1990 are exempt from this ordinance. If the City processes these applications, it is possible that the City will be challenged by Palm Beach County, insofar as exemption from the Traffic Performance Standards Ordinance is concerned. In addition, it appears likely that several of these applications either separately or when considered together, may constitute a Development of Regional Impact (DRI). With respect to the above, the City Commission should consider requesting a binding letter from DCA regarding DRI status. The reason for this request is that the site exceeds one of thresholds set forth in Chapter 380, Florida Statutes for a DRI (40 acres for retail uses, or 30 acres for office uses). ~-t.~ ES ,. GOLDEN JJG:frb Enc cc: Central File PM90-035 ., , " .* = ,. ~ ...:~ c '1- i. .1 . ~ " ~ ~I I ..!. I \ , I- " J , , . , f I 'l-~ .... 1 . . , :::/i'g ., f -!. - I .1 , ,~ .~" 'j-I ~ . I'<)I~ '.' ~: ' ~ ~l o III . III I '.' ""'1 ~ O~ ~, .., '. .. 1'<)' I . . I , .. 'of N . s. .. ...... ..........,... ........,..... ...~..,. .............;... ..... . ......................... - ,... ......... .....~...... ~.~....... O "It""..""".,,,,, .... ..... ....."" 't"...." ....."""" ..." ....,~ ... .... .....,. .......... ............. ...... .:. .......;......;. ... .... <( .............................. ......................... ....... O ............ ~................;.. .u.............. ......!.. ..... ............ ~.... ... ......I.'4ot~................. .... .., ....... a::: ........ .....1'........:;.....,. J... .............. ...... t... .... :::: ::::::: ::::: ::,..... ....: ::t:~:::::::; :::;::::::::.:::::; ................... L1. ,.f'IlI(...............1............... .............~...., ,.~.\..............~........i....... ' .............................~....... .1. .... ..;........ ,.. ..... ......"""""" l!fll""""" I."""..".~"..".... ...." ,..." .............. ......................,......~.... ...........,....... ...... ... """"""""""" ....... .... ..... ....."".."" ....""...."".."."'" ..... ::::::::: :::: :::::::: ::: :::: ::C: ::::::::::::::i :::: ::::: :::::. .......,.... .1....... J~ ~.... ..1'....... ~..... ...'.........".~.. ., ....................... ...., .. ........................ A . , ~ ( ( .....,.... <'" t ... ,") .' -=------- <:) c:: Parcel Existing Proposed Reference Owners Acreage Zoning Zoning A Bill Ray Winchester Elsie A. Winchester Ernest Klatt 49.44 AR C-3 B Bill Ray Winchester Elsie A. Winchester 0.80 AR C-3 C Mall Corner, Inc. (c/o Schroeder & Larche) l.34 AR c-3 D Bill R. Winchester Elsie Winchester William A. Zeiher Michael A. Schroeder 2.44 AR c-3 E Charlene Boynton Donald Lowe University of Florida Foundation, Inc. 14.76 AR PCD F Winchester Family Partnership 13.87 AR PCD Tot a 1: 82.65 ac. .\ CITY of BOYNTON BEACH 100 E, Boynton Beach Blvd, p, O. 80x 310 Boynton Beach, Florida 33435.0310 (407) 734.8111 I OFFICE OF THE PLANNING DIRECTOR February 13, 1990 Kilday & Associates, Inc. Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 Dear Mr. Kilday: Please be advised that the Planning Department has reviewed the six applications submitted on January 31, 1990. Our comments are as follows: . \ , ~ ., , I. 'Proposed service Station (.80 acres) at southwest corner of North Congress Avenue and Old Boynton Road owned by Bill Ray Winchester and Elsie A. Winchester (applications for annexation, land use element amendment and rezoning). The following items must be submitted in order to complete the above-referenced applications: (1) Since the proposed zoning category does not comply wttl;1 the text language for Planning Area 7 of the Future Land Use Element Support Documents, an application for a Comprehensive Plan Text Amendment. (2) An additional copy of the property owners 1 list, tax maps (photocopy acceptable) and affidavit. (3) The water/sewer impact statement required pursuant to items 6 and 7 on pages 4 and 5 is based on comparison of existing and proposed zoning categories and not . existing and proposed land use categories. The statement also does not indicate that calculations are based on the standards adopted by the Palm Beach County Health Department. I I . ---_._--~----,._------ TO: Kilday & Assoc -2- Feb. 13, 1990 II. Proposed Mall South Parcels (49.52 acres total) located on the east and west sides of Winchester Park Boulevard between Old Boynton Road and Boynton Beach Boulevard, owned by Bill R. Winchester, Elsie A. Winchester, and Ernest Klatt (applications for annexation, land use element a~endment and rezoning). The following items must be submitted in order to complete the above-referenced applications: (1) Since the proposed zoning category does not comply with the text language for Planning Area 7.f of the Future Land Use Element Support Documents, an application for a Comprehensive Plan Text Amendment. ( 2 ) An additional copy of the property owner~ 1 _ list, tax maps (photocopy acceptable) and affidavit. ( 3 ) ( 4) ( 5 ) ~ . Pursuant to item c(l) on page 3 of the Land Use Element Amendment/Rezoning application, written consent to the processing of this application from Ernest Klatt. I ' \ , Pursuant to item d(3) on page 4 of the Land Use Element Amendment/Rezoning application, a tree survey which meets the requirements of the City of Boynton Beach Tree Preservation Ordinance. Pursuant to item h on pages 4, 5, 6 and 7 of the Land Use Element Amendment/Rezoning application, a compari- son of the impacts that would be created by develop- ment under the proposed zoning with the impacts that 'would be created by development under the existing zoning, which shall include: (a) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under uh~ proposed zoning or development. (b) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (c) Proposed timing and phasing of the development. (d) A comparison of traffic which would be generated under the proposed zoning or development, with' the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements I I TO: Kilday & Assoc. , . -3- Feb. 13, 1990 that would be necessary to accommodate such traffic movements. For proposed developments which would generate three-thousand (3,000) vehicle trips per day or more, or two-hundred fifty (250) or more single-directional vehicle trips within a one (1) hour period, a traffic impact analysis shall be required. Said traffic impact analysis shall include projected trip generation for the development, for all major roadways and intersections within one and one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the City, adjacent cities, and within the unincorporated area of Palm Beach County within- a radius of five (5) miles. For those parc~ls lying in the unincorporated area of Palm Beach County, which are \ not currently zoned for urban land uses, the potential' \ land uses according to the Palm Beach County comprehensive plan shall be used. Where said parcels are shown on the Palm Beach County comprehensive plan under residential land use categories, the midpoint of the density range shown on the County comprehensive plan shall be used. Where a county-wide study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be used to project background traffic in the traffic impact analysis submitted by the applicant. . The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the requirements list~d above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by or are utilized by Palm Beach County. (e) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the TO: Kilday & Assoc. -4- Feb. 14, 1990 water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (f) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. ~ '. (g) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the ~ proposed zoning or development with that which would be generated under the existing zoning. Sewage flows " \ ~ shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. (h) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required, where more tha~ fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall also provide projections for the number of employees. I / I .....--..-- ~ --- ------ -- --- --------- TO: Kilday & Assoc. -5- Feb. 14, 1990 III. Proposed Mall Corner Restaurant (1.34 acres) at the southwest corner of Old Boynton Road and Winchester Park Boulevard owned by Mall Corner, Inc. (applications for annexation, land use element amendment and rezoning). The following items must be submitted in order to complete the above-referenced applications: (1) Since the proposed zoning category does not comply with the text language for Planning Area 7.f of the Future Land Use Element Documents, an application for a Comprehensive Plan Text Amendment. (2) A standard City of Boynton Beach application form for the Land Use Element Amendment/Rezoning application (the reproduction submitted is not acceptable). (3) An additional copy of the property owners' list, tax maps (photocopy acceptable) and affidavit. (4) Signature of applicant (owner) on page 6 of the Annexation Application. (5) Pursuant to item h(l) on page 4 of the Land Use Element Amendment/Rezoning application, the potential square footage which would be allowed under the proposed zoning. , \ , ~ \ I (6) Pursuant to item h(8) on page 6 of the Land Use Element Amendment/Rezoning application, projections for the number of employees. IV. Proposed Retail/Oil Lube (2.44 acres) at the northeast corner of West Boynton Beach Boulevard and Winchester Park Boulevard owned by Winchester, Winchester, Zeiher and Schroeder, a Florida General Partnership (applications for annexation, land use element amendment and rezoning). The following items must be submitted in order to complete the above-referenced applications: (1) Since a portion of the proposed zoning category does not comply with the text language for Planning Area 7.f of the Future Land Use Element Support Documents, an application for a Comprehensive Plan Text Amendment. (2) An additional copy of the property owners' list, tax maps (photocopy acceptable) and affidavit. TO: Kilday & Assoc. -6- Feb. 13, 1990 (3) Correct "Proposed Zoning" on page 3 of Annexation application, as a County land use category has been indicated instead of the proposed City zoning category. (4) Pursuant to item h(l) on page 4 of the Land Use Element Amendment/Rezoning application, the potential square footage which would be allowed under the proposed zoning. (5) Pursuant to item h(8) on page 6 of the Land Use Element Amendment/Rezoning application, projections for the number of employees. v. Proposed Knuth Road Planned Commercial Development (13.871 acres) at the southwest corner of West Boynton Beach Boulevard and Knuth Road owned by the Winchester Family Partnership, Ltd. (applications for annexation, land use element amendment and rezoning). The following items must be submitted in order to complete the above-referenced applications: I ~ . ~ (1) The correct fee for rezoning to PCD is $1,000 pursuant to the City of Boynton Beach Land Development Fee Schedule (a check in the amount of $900 was SUbmitted). (2) Since a portion of the proposed land use and zoning , . categories does not comply with the text language for Planning Area 7.j of the Future Land Use Element Support Documents, an application for a comprehensive Plan Text Amendment. (3) An additional copy of the property owners 1 list, tax maps (photocopy acceptable) and affidavit. (4) Signature of applicant is missing from page 6 of Annexation Application (copy of owner's authorization signed by Bill R. Winchester). (5) A tree survey which conforms to the requirements of the City oflBoynton Beach Tree Preservation Ordinance (see section 7.5 - 6.l(b) of Article I of the Environmental Regulations). (6) Pursuant to item h(l) on page 4 of the Land Use Element Amendment/Rezoning application, the potential square footage which would be allowed under the proposed zoning (total for entire PCD). . , I TO: Kilday & Assoc. -7- Feb. 13, 1990 (7) Pursuant to item h(8) of the Land Use Element Amendment/Rezoning application, projections for the number of employees. (8) Pursuant to item h(ll) on page 7 of the Land Use Element Amendment/Rezoning application, conformance with the requirements for Unified Control outlined in Section 6.F.3 of Appendix A-Zoning and submittal of a subdivision master plan pursuant to Article VIII, Section 4 of Appendix C-Subdivisions, Platting. VI. Proposed Boynton Beach Boulevard Planned Conmmercial Development (14.76 acres) on the south side of West Boynton Beach Boulevard owned by University of Florida Foundation, Inc. (applications for annexation, land use eleme~t amendment and rezoning). The following items must be submitted in order to complete the above-referenced applications: ( 1 ) ( 2 ) , , (,3 ) ( 4) ( 5 ) ( 6 ) ( 7) The correct fee for rezoning to PCD is $1,000 pursuant. to the City of Boynton Beach Land Development Fee . Schedule (a check in the amount of $900 was sUbmitted). . j Since the' proposed land use and zoning category does not comply with the text language for Planning Area 7.k of the Future Land Use Element Support Documents, an application for a Comprehensive Plan Text Amendment. An additional copy of the property owners' list, tax maps (photocopy acceptable) and affidavit. , , A tree survey which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance (see section 7.5 - 6.1 (b) of Article I of the Environmental Regulations. I . Pursuant to item h(l) on page 4 of the Land Use Element Amendment/Rezoning application, the potential square footage which would be allowed under the proposed zoning (total for entire PCD). Pursuant to item h(8) on page 6 of the Land Use Element Amendrneht/Rezoning application, projections for the number of employees. Pursuant to item h(ll) on page 7 of the Land Use Element Amendment/Rezoning application, conformance with the requirements for Unified Control outlined in . J TO: Kilday & Assoc. -8- Feb. 13, 1990 Section 6.F.3 of Appendix A-Zoning and submittal of a subdivision master plan pursuant to Article VIII, Section 4 of Appendix C-Subdivisions, Platting. (8) Signature of Owner/Trustee is missing from page 7 of the Land Use Element Amendment/Rezoning application." Pursuant to Chapter 163.3187 F.S., none of the applications submitted meet the criteria for small scale development activities as a result of the text amendments that are necessary and the fact that an amendment cannot involve the same property more than once a year or the same owner's property within 200 feet of property granted a change within a period of 12 months. . It appears likely that several of these applications, either separately or when considered together, may constitute_a Development of Regional Impact (DRI). Therefore, a description of the petitions, a map showing same, and a tabulation of the acreages will be forwarded to the City Commission. The Commission will need to decide whether a binding letter should 'be requested from DCA regarding DRI status. , ~ , , If the City Commission approves the transmittal of these applications to DCA, you will be required to submit to the Planning Department, prior to transmittal, a description of the availability of and demand on public facilities pursuant to 9J-ll.006(1)(b)4 of the Florida Administrative Code. If \y~u have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNT~N .~~ACH ~.f~ JAMES J. GOLDEN Senior City Planner JJG:frb cc: City Manager Central File Kilday MEMORANDUM TO: Sue Kruse, City Clerk FROM: James J. Golden, Senior City Planner DATE: March 23, 1990 SUBJECT: Three Applications for Annexation, Land Use Element Amendment and Rezoning Submitted by Kilday & Associates, Inc. Accompanying this memorandum you will find a copy of the above referenced applications for the following: 1. Service Station 2. Mall Corner Restaurant 3. Retail/Oil-Lube The above applications are below the threshold for the twice a year limitation on Comprehensive Plan amendments and do not , require a map advertisement. The annexations will be advertised for four consecutive weeks prior to second reading of the ordinances to amend the Future Land Use and Rezone. The application fees for these applications have been forwarded to the Finance Department. Please advertise the land use element and rezoning requests for a pUblic hearing before the Planning and Zoning Board at the May 8, 1990 meeting and before the City Commission at the May 15, 1990 meeting. J /. /ftr-Q{L GOLDEN JJG:frb Efics 1;"" JC\ __ _ "j,", '-'''''D ,'-i ,I '-J', . J .;f f,';';L M E M 0 RAN DUM O'v J<'.' ,I.:) I...~ j'~ TO: Mr. Tim Cannon Interim Planning Director ,r~, I .,.1 f'., _ . DATE: April" ~;"~i"9~re' ~tf:lr L:..I........_. FROM: Sue Kruse City Clerk RE: Planning & Zoning Board Meeting of May 8, 1990 Attached please find copies of the following public notices which have been scheduled for the May 8 Planning & Zoning Board meeting: 1. Alhambra Square North Rezoning Notice 2. Alhambra Square South/Alhambra Square ACLF Rezoning Notice 3. Mall Corner, Inc. Annexation, Land Use Amendment and Rezoning Notice. 4. Winchester proposed service station/car wash at Old Boynton Road & Congress Avenue Annexation, Land Use Amendment and Rezoning Notice 5. Winchester proposed oil change facility at Boynton Beach Blvd. & Winchester Blvd. Annexation, Land Use Amendment and Rezoning Notice. Since these contain a request for rezoning, the notices will be mailed to the property owners within 400 feet on April 6 and advertised in The Post on April 22 and 29. A copy of the parking lot variance notice will be forwarded next week before the advertisement is forwarded to the Boynton Beach News on April 13. This is also scheduled for the Plan- ning & Zoning Board meeting of May 8. ~~ Sue Kruse Attachments (5) cc: City Manager , PLANNING DEPT. MEMORANDUM NO. 90-211 TO: Chairman & Members Planning & Zoning Board THRU: Timothy P. Cannon Interim Planning Director ~~ FROM: James J. Golden senior City Planner DATE: June 27, 1990 SUBJECT: West Boynton Beach Boulevard Retail/Oil-Lube - Annexation, Land Use Element Amendment and Rezoning Application Kieran J. Kilday, agent for Bill and Elsie Winchester, William A. Zeiher, and Michael A. Schroeder, property owners, is proposing to annex into Boynton Beach a .84 acre tract of land located at the northeast corner of Winchester Park Boulevard and West Boynton Beach Boulevard (see attached location map). The property is currently zoned AR (Agricultural Residential) in Palm Beach County and it is vacant. Included with the annexation request is a request to amend the Future Land Use Element of the Comprehensive Plan to show this land as "Local Retail Conunercial" and to rezone from AR to C-3 (Conununity Commercial). As outlined in the attached correspondence in Exhibit "A", the applicant has requested an amendment to the original applications to delete the parcel located north of the L.W.D.D. L-24 canal (1.6 acres). The attached location map reflects the elimination of the 1.6 acre parcel. The applicant is also proposing to develop the remaining .84 acre parcel for a fast food restaurant instead of a conunercial center with a quick oil change establishment. A quick oil change establishment would not be permitted under the City's C-3 zoning district regulations as a principal use on a parcel of such small size. It should also be noted that readvertisement of these applications is not required, as the boundaries of the proposed annexation have not been expanded beyond what was originally advertised. Although the proposed use of the site is for a restaurant, if the property is rezoned to C-3, it developed for any use permitted in the C-3 zoning unless otherwise restricted by the City conunission as a of zoning approval. fast food could be district, condition PROCEDURE These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with State Statutes and Boynton Beach Codes, Ordinances and Resolutions as follows: 1. F.S. 163.3161: Local Government Comprehensive Planning and Land Development Regulation Act. 2. F.S. 166.041.: Resolutions. Procedtll:'e~ f0..... 7\~(\~t-; r't"" {"'.f: ()nUn::nces and 3. F.S. 171.011: Municipal Annexation and Contraction Act. 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning and Section 9.C: Comprehensive Plan Amendments - Rezonings. 5. Boynton Beach Ordinance #79-24. 6. Boynton Beach Resolution #76-X: Procedures for Annexation. 7. Boynton Beach Ordinance #89-38: Comprehensive Plan. PM No. 90-211 -2- June 27, 1990 These regulations have been listed for informational purposes. Paraphrasing, these regulations require newspaper advertisements, public hearings with the Planning and Zoning Board and the ~ity Commission, review by the Florida Department of Community Affairs (DCA), and Commission adoption of ordinances to annex, amend ~he Future Land Use Element and rezone. CURRENT LAND USE AND ZONING As previously discussed, this AR (Agricultural Residential). surrounding area varies and is the table which follows: property is undeveloped and zoned The land use and zoning in the presented for your information in DIRECTION JURISDICTION ZONING LAND USE North Boynton Beach C-3 Vacant East Boynton Beach PU Lift Station South Boynton Beach PU Post Office West Boynton Beach County AR Vacant FUTURE LAND USE AND REZONING The subject parcel lies within the City's Reserve Annexation Area. Pursuant to Section 9.C.2(2) of Appendix A-Zoning, staff analysis of the proposed zoning is not required where rezoning is requested in conjunction with an application for annexation and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with the zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan. Wi th respect to the above, the proposed land use and zoning categories requested would be consistent with the language for Area 7. g. of the Comprehensive Plan Future Land Use Element Support Documents, which reads as follows: 7.g. Unincorporated Parcels Along North Side of Boynton Beach Blvd., east of Knuth Road Those parcels along the north side of BOYnton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial. COMPREHENSIVE PLAN ANNEXATION POLICIES The proposed annexation is consistent with the policies pertaining to annexation contained within the Comprehensive Plan Intergovernmental Coordination Element. Palm Beach County has been notified of the proposed annexation. However, comments have not been received as of this date. RECOMMENDATION The Planning Department recommends that the applications submitted by Kieran J. Kilday for Bill & Elsie Winchester, William A. Zeiher and Michael A. Schroeder be approved. This recommendation is based in part on the following: 1) That the parcel is contiguous to the corporate limits; 2) That the parcel lies within a County pocket and it is in the path of urban development; .. ~_ ,___..._~ ..~...""~_ ..."".... 1'"~~"'IC! l1rilirv ~iI=",...vil"'iI=" PM No. 90-211 -3- June 27, 1990 4. That the parcel is located at the intersection of an arterial road and a collector road and it is sui table :ar commercial development; 5. That the intensity of the land use and zoning desired is consistent with the language for Area 7. g. of the Comprehensive Plan Future Land Use Element Support Documents; 6. That the request is consistent with the Comprehensive Plan annexation policies; and 7. That the zoning category requested is consistent with the proposed use of the site for a restaurant or other local retail land uses. I,t.. -: ',...~.., JAMES J. GOLDEN JJG:frb Encs A:PM90-211 EXHIBIT "A" Ft;>te. Kilday & Auociat.. Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689.2592 .." lw........;; _ oJ. -- .:: '7 -: -: -. _. _. -... ...... .. . ~ ~. ~ = : s _ ':!::. _ _ _..J._' - " -------, _ ....c: 6..0",::-../<..;. ___.;... .:: c ... _ ~ _ .:: - _.::: ::. :;. ~..::: ~.... - " ~ .:.- ~- - ~ - - - ;;-' -= - ~ '- - - - ~ .. ...i'_~_ i-- ..-....._....'.... ~l:.(~_'_ _._......... ":Z.- ----.... I ~,-- - ---_:~- ~ = ~... _.- - - - .J;.: BOYNTON BEACH PLANNING DEPARTMENT .-- (.7.., · /~(e(/~:. /"y, ~</.'~ f\...t.1,-6f;,~ .r; ~, ..' 'V..., / . . .. ,. .' ANNEXATION APPLICATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. (2 copies of applicat~on required) .' PROJECT NAME: ..' AGENT'S NAME: Kieran J Kilday/Kilday & Associates ADDRESS: 1551 Forum Place IOOA West PalrnBeach,FL 33401 PHONE: (407) 689-5522 OWNER'S NAME: Winchester, Winchester, Zeiher & Schroeder a Florid~ (or trustee 1 s) General partnership' :...'. .: ADDRESS: c/o Michael A. Schroeder, Esq. One Lincoln Place,. Ste.30: I . 1900 Glades Road, Boca Raton, FL. 33431 PHONE: 407-833-5605 PROJECT LOCATION: Northeast Corner of Boynton Beach Blvd. and (not legal description) W~nchester. B~vd. .', ... .,", . ..;.~'., CORRESPONDENCE ADDRESS:* (if different than agent or owner) . .<\/;:: . . - '~" .......::. . : ....~.~:::I: .: ..... .~~ :.. . ~ .......;..\1:: .", ...... . ..:..... ':,:'.\;;,:,? . '. ..h. . ':~'_ .... .... r.~:-:. '. .. "..: ".;.. .' ',-': .: .,; * This is the address to which all agendas, letters and other materials will be forwarded. -1- .. .;. " :;:~..~ . ...";~:\1 . . .~~~~..,~ :.:~ " . - -. . " ,- CITY OF BOYNTON BEACH, FLORIDA APPLICATION FOR ANNEXATION DATE APPLICATION FILED: DATE OF TENTATIVE APPROVAL: REJECTION: DATE OF COMPLETION OF ANNEXATION REPORT: DATE OF ORDINANCE PROPOSAL: ORDINANCE>> DATE OF ORDINANCE ADOPTION: REJECTION: DATE OF REFERENDUM IF REQUIRED: RESULTS OF REFERENDUM: FOR AGAINST DATE ANNEXATION BECOMES EFFECTIVE: DO NOT WRITE ABOVE THIS LINE FOR DEPARTMENTAL USE ONLY GENERAL DATA Winchester, Winchester, Zieher & Schroeder Name of Developer/Owner: A Florida General Partnership Area of subject Property: 36,717 Sq. Ft. or 0.84 Acres Estimated Present Population: -0- AR-Agricultura1 Existing Zoning: Residential Density Allowed:2du/5ac d.u.'s Proposed Zoning: Density Allowed: c-3 N/A d.u.'s EXISTING UTILITIES " Water: Boynton Beach nti1;t:ip~ Wastewater Collection: Boynton beach Utilities Solid Waste (garbage): City of Boynton Beach .. -3- . . :~:. " :...... ;.~ . ",1' '.... . .,1.' '.' ::t' ..: ...~.: ~ if;~A~ '. ...... " STATEMENT OF USE Existing Use: Vacant Proposed Use: Fast Food Restaurant ~ JUSTIFICATION Express in your own words why this annexation will be beneficial to Boynton Beach, Florida: See Attached EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED See Attached Exhibit "A" , ~ -4- ~ .1i1~~~",,,,,,'!'n~.,..',"~ .. .....;~.,..-.-.I,...,-~.,~~ EXHIBIT "A" PARCKL n . A PARCEL I)F LAN[l LYING rN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF TRACTS A ~ B. BLOCI-: .) OF PALM BEACH' FARMS COMPANY PLAT NO, 8 OF SECTION 30, TOWNSHIP 4S SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMHENCING AT THE NORTHEAST CORNER OF SECTION 30~ TOWNSHIP 45 SOUTH. RANGE 43 EAST: THENCE WI TH A BEAR I NG OF SOUTH 87 32'.' 47" WE5:r. ALONG TIlE NORTH LI NE OF SECT fON 30. A DI ST ANCE OF. 60; 00' FEET TO ^ POINT ON THE WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE: THENCE CONTINUE ALf..lNG'THE AFOREMENTICINED Cl...URSE EXTENDED A DISTANCE (IF. 733.7/, FEET TO A POINT: THENCE WJTU A HEARING OF SOUTH 01 :18' 4J",.EAST. ALelNO A LINE LYING 120.00 FEET WEST OF ANU PARALLEL TO THE: fAST LINE OF LOTS A & B. BLOCK 3. OF THi ABOVE DESCRrBED PLAT OF 'rALH oleAcn FARMS COMPANY PLAT. NO. 8. A DtSTANCJ!: OF 25.00.'FEET TO'", POl NT . SAID POINT BEING THE POINT OF BEGINNING: . .THENCE CONTINUE ALOHO 'THE AFOREMENTIONED PARALLEl. LINE A DISTANCE OF 191.04 FEET TlIA Pc)]NT i)N TIlE NORTH RIGHT-Clf/-WAY LINE OF BOYNTON BEACH BLVD: THENCE WITH A BEARING OF SOUTH 87 32' 47" !-lEST,' ALONG THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEA~H BLVD., A DISTANCE OF IE:,€!: 43 FUT; THENCi NORTH 4';' S2' sa" WEST. A DISTANCE OF ,35.71 FEET TO A POINT ON THE F.A~T RIGHT-Of-WAY LINE OF WINCHESTER 'PARK BLVD.: THENCE ~lTH A BEARltIG OF NORTH 0118' 43" WEST. 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"'r~ '1" ''}J ~~ ._~ L~"''''-'lm!l'J'OR .B.PJ.~.'~_.. ..,t_:~~~-T .r-J 11~r-,~p:~rl""'~ ~ lt11\"III-~ill..k1J'Mj~-~,~~-i~c~:'~-"5f~:2Lbj~~: fr~r.:it - ~.:~~. :-r'I~~'~~J~'" l~ i :1..-. . .r'-:":':f: ~I:~' ';' <. ", .i~ oj I .~.>>1'. "I !Yo IIW. JI_. ,~/'M ~~ . b\1 .. bo-1-':n) 'ire"}-I. '~.1 -,' \, ., ~:6~~'" ... '~p~I"')," v: . 'lI~:J [J '... }ta' GO)~i--~~1'.:~: -'> "ici~~ ~;~l'>l~':~!!i' ) ~4'Hl;:t'!~ ~{:c . }' ~~ 1~.'~'" ~"~.;.tlli(.ljfill'I:!: ~::-~"'.}fit/j~I!~lH{'l.~r'I'.::t~/;:"~~';! :~ d /\l.~ ,.- - ,- J,ll 5<'11'/\1'''4 - . ~pJ"r""~' I ,J .--- -. '1" I'. ; . ~ h" , .,' .... ., i{"'l'': .. r'. 'I I.r.~. -I . i.. I ~-'.'-.o.; .!.. I .', ) , 0:.: I' L I IWo':'."--!-' '--..~...~. -~ l;~,' c,....... ." :. .1.1.' . .,~ ..... . o. 1 r I~"';':.t..... .._"..... II.; -..t. .- _ -1- ~,.-:::: ~ ,<:1 I r; " _~. ,. ' -- ~~, - I . ~'L .-., A I;J' ~.. """,.1::;..( .: ... -, i'1' -."/. J\~ -~ ~~. n_' I. !"~._-~~ ~. ~1 - : .~ '~W~ ~,~~~ :.=:.,... :~. "trn"{ /. ,I ~ '.~ lJ.:J'- . ~.- ~/g~i-{~J' : . . t;.. ..~~ . . . '''TO' ~" ,1.[ .~.. ~L . I 0 ) "-=-- .. ' , I I. ,t_., ~...' 1 j1 , .: t JY . I ,/-;-11 : j I ., . I~ 't ~ \~ ~ .~.o u~"U ~ -, -:-:- ~ ::t.~.: I~~IIII/=-"l;" lT~ 7//' ] I::> ~ ~ I .a. ~ I .. 0' '..( , i:!! . /1 ~ j J - -' I ,~~,..~;;,}~~tt}" >\ . ~ ,;r)~ I ~1i! II ,o,oe, ~-.Im':~" . '. JII'-, -,~ l~(~" ,Jillitunm I ~ I' i II "" ~ Ie' :!:'I ~'ri7i III ' - - -../I"' - - ,I' I ... -. JrFr1.} Clly of Boynton. Beach P18~!,lng Department Name of Development/Owner Winchest.er. W;nrhp~rpr. 7.;pnPT ~ ~~nr~eder Locate the subj~ct property on this map and shade in the area. . -. : " -5- /'""'1.1 '. -- J c.,,:. OWNERS AUTHORIZATION Under the provisions for Voluntary Annexation, Florida Statutes require that a petition for annexation must bear the signatures of all owners of property in an area to be annexed. The authority authorizing a person other than the owner to sign such a petition must be attached to and accompany such petition. ,{ dd/~~/;t; signature of Owner(s) of Record . . Elsie Winchester, Gen. Partner William A. Zeiher, Gen. Partner Michael A. Schroeder, Gen. Partner Bill R. Winchester, Gen. Partner Type Name of Owner(s) Kieran J. Kilday/Kilday & As~ociate: Type Name of Applicant .:' 9290 ~ickels Blvd. Street Address 1551 Forum Place, Ste. 100-A Street Address Boynton Beach, FL. 33436 City and State West Palm Beach, FL. 33401 City and State 407-689-5522 Telephone Number 407-689-5522 Telephone Number .. -6- . ....; , '.~.: .'.:~ .. . " '~-.t~ .--.. , . ~ APPLICANT'S CERTIFICATION (1) (We) affirm and certify that (I) (We) understand and will comply with the provisions and regulations of Boynton Beach, ?~o~ida Zoning Code. (I) (We) further certify that the above statements or diagrams made on any paper or plans submitted herewith are true.to,the best "of (my) (our) knowledge and belief. Further (I) (We) understand that this application, attachments, and fees become part of . the Official Records of Boynton Beach, Florida and are not returnable~ APPLICANT IS: Owner ~~~~<<ha/A.. Signa tU7/ of pplicant .t:/. :' . '- . Kieran J Kilday Kilday & Associates, Inc. Type Name of Applicant optionee Lessee 1551 Forum Place lOOA Street Address xx Agent West Palm Beach,FL 3340l City and State Contract Purchaser (407) 689-5522 Telephone Number . .. .~. .. . .. . . .' . -7- .,"; . .e:. ,-' . ". . . . . .' -; , , ..- - . - t k v..'.:.t;~ AFFIDAVIT STATE OF FLORIDA ) ) 55 COUNTY OF PALM BEACH ) ," Before me, the undersigned authority personally appeared : t. Bill R. Winchester , who being by me first duly sworn, on oath deposes and says: 1. That he is the fee simple owner of the following described property, to-wit: (Give legal description) See attached Exhibit "A" ,. " (Attach if insufficient sp~ce) 2. .That he desires annexation to Boynton Beach, Florida. 3. That he has appointed Kieran J. Kilday/Kilday & Associates. to act as agent in his behalf to accomplish the above. ,&t, /M-.f.L-;t; (S~gnature of owner)' Affiant Sworn to and subscribed before me ... s~,-n\~'-"A..~~ Notary ~Ublic, State of Florida at Large ~ t.l~,,,,,,, n.-:,~:" ~''''A "f ~. . r.. -.., f.":.:1:J . t.:I..J~.'., ...h.~~.Iif v ncru.::... ~~y r.,'lr.i",~;s~;:m t:~r;r:: ~-:~ 13. 199a My Commission Expires: 'L''',~~:lTI,''':'''yF~;''';nlu'Qnc.ln~ '.' , . -8- .... ~...:lI.U.M",,,,: '~fJ'f'l!',~,.."",.,......,......~.,..t"".r.'.~.,..,,,,,, " . ."', -' . .~.. . EXHIBIT "A" PM~C}O:L n ..... A':PARCF;l. OF LAtW'LYING IN SECTioN 30,.TOWNSHIP.45 SOUTH. RANGE 43 EAsT, 'PALM BEACH'COUNT'i. Fl.ORIDA. SAW PARCEL BEING A PORTION OF 'TRACTS A ~ B, BLOCK :J OF PAI,.H DEACH FARMS COMPANY PLAT NO. 8 'OF SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK 5, PAGE 73. PUBLIC RECORDS qF PAl.M BEACH COUNTY. FLORIDA, '. ."... -. ~A~D LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: c', ;e ':COHHENC1NG AT THE NC'RTHE^ST ';ORNER OF SECTION' 30. TOWNSHIP ~5 SOUrH. RANGE 43 EAST: . THENCE WITH A BEARING OF SOUTH 87 32. 107" ,WEST" ALONG THE NORTH LINE OF' SECTI'ON 3(1, A DISTANCE OF 60.00' FEET TO'~'^" POINT (.1'1 'THF.:. WEST RICHT-Of-WAY l.INE OF CONGRESS AVENUE: rHENCECUNTINUE ALONG'THE AFOREMENTIONED CC....URSE EXTENDED A DISTANCE OP', 733. 7', FEET-,'.TO ^ POtNT: THENCE WITH A HF.ARING OF' SOUTU 01'18' 43~~ jEAST~ ALONG' A LINE LYING 1Z0.00 F'EET WEST OF ANU PARALLEL TO Twi'!AST'LINE OF' LOTS A & B. BLOCK 3. OF' THE ABOVE DESCRIBED PLAT OF .. ~A'i.H. BF.ACIJ FARMS COMPANY fiLA T NO. O. A D [ST ANCE OF 2S, 00, . FEET TO';,... POlNT:. SAID POINT BEING THE POINT OF BEGINNINC: THENCE CONTINUE Al.OHa'THE AFOREHENTI ONF.:f> PARALl.EI. LI NE A DISTANCE OF 191.04' FEET T<,,"A POUlT i)H TIn: N(l\(TJI R1GHT-(t)o'-WAY LINE OF BOYNTON BEACH Bl.VD: THENCE WITH A DEARING OF SOUTH 87 32' 47" WEST. ALONG THE.NORTH RIGHT-Or-WAY t.INE OF' BOYNTON BEACH Bl.VD., A DISTANCE OF 16S:63F'EET; THENCE NORTH ~6 5Z' 58- WEST. A DISTANCE OF 3~.71 n:ET TO A POINT ON THE EAST RIGHT-I)l;-WAY LINE OF WINCHESTER PARK Bl.VD.: THENCE WITH A BEARINC OF NORTH 01 18' 43" WEST. Al.ONG THE EASTERL'( RIeHT-OF-WAY L.INE (IF WINCHE~TE~ PARK BLVD., A DISTANCE OF 16S.54 FEET TO A POINT: THENCE WITH A BEARINC O}O- NORTH 8732' 47" EAST.,..ALONC A l.INE LYINc; 25.1)(1 F'F:n SOUTlI OF AND PARALLEL TO THE NORTH LINK OF S!CTION 30. ^ DISTANCE ~F 193 ~4 FEET MORE OR LESS TO THE I'OINT OF BEGINNINC. CONTAH(lNG (.'.,1)4 ACRES (J~. 717 S(.IUAn.. FHTI '..,,-,Pf, I)R LESS AND SUBJECT T(\ EASEMENTS MIl) RTCIITS .....F WAY (lr R!-:C('I([I . ...~... . , . ':. .~: : . " ~ - ~ Kilday & Associates Landscape Architects! Planners 1551 Forum Place Suite l00A West Palm Beach, Florida 33401 /4071 689-5522 · Fax: /4071 689-2592 JUSTIFICATION STATEMENT FOR RESTAURANT SITE AT WINCHESTER PARK BLVD. & BOYNTON BEACH BLVD. The petitioner is requesting the annexation of .84 acres of property into the City of Boynton Beach. This parcel of property is located at the Northeast Corner of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard. Winchester Park Boulevard serves as a main entrance to the Boynton Beach Mall from Boynton Beach Boulevard and is a signalized intersection. The land use designation of the property in Palm Beach County is Commercial High and in Boynton Beach is Local Retail Commercial. The proposal of the petitioner is to make the entire site zoned C-3 Commercial upon annexation. The Boynton Beach Comprehensive Plan indicates this property to be located Land Use Problems and Opportunities Area 7.g. This section of the Plan states: "Those parcels along the north side of Boynton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial." This petition accomplishes all of these goals. The petitioner proposes to develop the site using the permitted uses of the C-3 zoning District. For the purpose of defining impacts, a restaurant use has b0,en designed and specified. The proposed use will have no adverse impacts as there are no neighboring residential parcels of land. ~ ~.' (.{/...Uh~"c..~ ...,... /. /9- j, '.. .- ( I ~B~Q_~~~_B~g~Q~~~I_B~QLQ8_8sZQ~1~~_BEEhl~eIlQ~ City of Boynton Beach, Florida Planning and Zoning Board This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two copies to the Planning Department. Incomplete applications will not be processed. (2) ....: Please Print Legibly or Type all Information. I. Es~s8eb_l~EQ8~eIlQ~ 1. Project Name: __~chaat~~~d~~aata~~t_____________________ 2. Type of Application (check one) a. Rezoning only b. Land Use Amendment only xx c. Land Use Amendment and Rezoning 3. Date this Application is Accepted (to be filled out by Planning Department): -------------------------------------------------------- . 4. Applicant"s Name (person or business entity in whose name this. application is made): Winchester,Winchester,Zieher & Schroeder A Florida -<~... ~..rl ~ 1;:. Cl.l. _I:.C!X..t.n..El.t..!ill..i...2.. _~Q. _M..i_~tl...A........ ...s..ctu:..Qe..<ieL~....E..sp. ~_ ____ Address: _i~ Q,Jl_ G..l'l. <i ~$_ _13..Q...::l_clL. _QJ1S!_ J.....i.l1.c..Q.m -E.La.c..e.~-S.u.ite. _:io..L _ _ _ _ __ ___ _aQ.~~_13..~~Q~J(L~~___________________________________ Telephone Number: 407-833-5605 -------------------------------------------------------- 5. Agent"s Name {person~ if any, representing applicant>: Address: -~~~~~~-~:..._~~~~~i:_~_~_~~<!.~_t_~~~<?.~~~tE!.~_________________ .... 1551 Forum Place, Suite 100A -------------------------------------------------------- -~~~t~~l~_~~~~~L~~_l~~~l______________________________ Planning Department 1-86 page 1 --c'::;"');,; ... /' ., TC?lephone Number: 407-689-5522 -------------------------------------------------------- 6. Property Owner~s (or Trustee~s) N~me: ~:i;..l!..~l?.~s_"=_~~~__\i:l1l.<:...}HLs_t_e_:r:...,_.Jte.iher....A.__S.chr.ae.dex.._____________.... A Florida General Parnership c/o Michael A. Schroeder Esq/ IJ_~O__G_l_asLe...?__R..9.jLd__O_ll.e...J.tin.c.ol1L..P.l ~"'I? ,_ Sl1.it.e-~--------'--- B_o_~~_R~_~~n~_Y_~~33_43JL___________________________________ Telephone 4~J_~33:3~~5_____________________________________________ Number: Address: 7. Correspondence Address (if different than applicant or agent>:* N/A ' --------------------~----------------------------------- '. -------------------------------------------------------- .j(. Thi s is the address to \-.lh i ch all agendas, 1 etters, and other materials will be mailed. 8. What is the applicant~s interest in the subject parcel? (Owner, BLly.er, Lessee, BLli 1 det-, Developer, Contract Purchaser, etc.) __________~JL~~________________________________________----------- 9. street Address or Locat i on of SLlbj ect Parcel: ~o_J;:..t..lLej:l_?j;__<:;_OLl1.Et.J;:..___ __~~_~~~~QD-EeD~b-Ely~~-~-NiD~b~s~~r-ElyQ~-------------__________ 10. Legal Description of Subject Parcel: ______~__~aa~tta~ E~h;hi~t~~~________________________________ ------------------------------------------------------------------- __w___________________________________________________------------- ------~----------------------------------------------------------- ------------------------------------------------------------------ .11. Area of Subject P~rcel (to the nearest hundredth (1/100) of an acre}: o . 8-4- acres ------------------------,...,----------_-..----------~. ---- ,------------ Planning Department 1-86 page 2 --p.._--- "-.."---.--- ..-.---- ... .', . ... ~, 12. Current Zoning District: ..AR.._-:....Agri(",1l1t-llrrll ..Rp.c;inpn.:ti-<t-1- _________ 13. Proposed Zoning District: _~-~___________________________________ 14. Current Land Use Category: ~JL_~L________________________ 15. Proposed Land Use Category: _....c.o.rame.t:-I--J~~__________ 16. Intended Use of Subject Parcel: Fast Food Restaurant ------------------------------------------------------------------ ------------------------------------------------------------------ 17. Developer or Builder: __~~~~_~~_~l.~c:..~Il't:..________________________ ------------------------------------------------------------------ 18. Architect: __~~_________________________________________________ 19. Landscape Architect: -~~---------------------------------------- 20. Si te PI anner: _ Kilna;t.....&....J\~~nr.j at-pc:;. 21. Ci vi 1 Engi neer: __JL..S....... Bngpr~, P Po ........ .!...!... Traffic Engineer: __~~~ Rngprc:;.~ ~~___________________________ Richard L. Shephard & Associates, Inc. 23. Surveyor: ------------------------------------------------------- II. ~BIs8Ieb~_IQ_~~_g~g~IIIsQ_~II~_eeEbl~eIIQ~ The following materials shall be submitted, in two (2) copies. (check) ~_a. This application form. _~__b. A copy of the last recorded warranty deed. , c. The following documents and letters of consent: _:t'__ ( 1> I f the property is under j oi nt or several ownershi p: A wr 1 t tel consent to the application by all owners of record, and (2) If the applicant is a cbntract purchaser: A copy of the purchase contract and written consent of the owner and seller, and _x_ (3) If the appl i cant is represented by an authori zed agent: A cop' of the agency_ agreement~ or written consent of the applicant, anQ (4) If the applicant is a lessee: A copy of the lease agreement, Planning Department 1-86 page 3 ~ .~., ':;I..Z.~ (b) Existing and proposed grade elevations. (c) Existing or propo$ed water bodies. (d) Form of ownership a~d form of organization to maintain common" 5paces ~nd recreational faciliti~s. (e) A written commitment to the provision of dll necessary facilities for storm drainage~ water supply, sewage collection and treatment~ solid wa~te disposal~ hazardous waste disposal, fire prctection~ easements or rights-of-way~ roadways, recreation and park ~reas~ school sites, and other public improvements or dedic~tions as may be required. (11) For rezonings to planned zoning districts, the specific r~quirement5 for submission of applications for rezoning to such districts shall also be satisfied. Furthermor~, all materials required for a subdivision master plan shall also be submitted. III. BEEblgaIlQ~_E~g~~ Fees shall be paid at the time that the application is submitted, according to the fees which have b~en ~dopted by ordinance or resolution. The Planning Department will inform ~he applicant as to th~ f~es which are required. All fees shall be paid by' c~~ck, payable to the City of Boynton Beach. :v. . g~8IIEJ.~eIIQ~ (!) (We) und~rstand th~t this application ~Md all plan ~nd papers submitted herewith become a part of the permanent records of the F'l anni ng and Zoni ng Board. (!) (vJ~) hereby .::erti fy that the abov,= . statements and any stat~ments or showings in any papers or plans submitt~d here','Jith are trlle to the bast of (my) (our) knowledge and b~lief. This ~pplication will not be accepted unless signed ,aeeo~i nJ L::}C instruetions below. .: .d/~fl~'rJ~_l,gd.1-_;:~?J~~~~tSu -" -~~\ ~.:_f.Q____ Signa~ure of Owner(s) o~~rustee, ~~t~ or Authorized Principal if property is owned by'a corporation or other business entity. I. AUTHORIZATION OF AGENT ~~~e~~2d~ $Uay/c' 'O..;?r;;?~!C.. Signatu~f Authorized ~- ~ ~ (I' (~Je) nl?reby desi gnate the c:lbove si gned pe....son agent with~~ard to this application. -( .ditflL1<.h~ . :\.':___________ Signatu....e of Owne....(s) or T....ustee, ----~:~~- ~--- Date r.k as (my) (ou...., autho....ized --~~~t~~------ Planning Dep~rtmcnt 1-86 page 7 " ~ ~~~~~~l\IW"'W'fl"~4""""_""'" '," "'~".'" ,,~ .:. .,:oM ~,...~......~ EXHIBIT "A" PARCEL n . ", . :~":PARC~L'OP' l.At~D'LYING IN SECTioN 30, .TOIJNSHIP.4S SOUTH, .RANGE 43 ~EAST.PALH BEACH. COUNTY. FLORIDA. SAID PARCEL BEING A PORTION OF TRACTS A & g, BLOCK 3 OF PA~ OE^~l FAnMS COMPANY PLAT NO. 8 OF SECTION 30. TOIJNSHIP 45 SOUTH, RANCE 43 EAST. PLAT BOOK S, PAGE 73. ~Uel.IC RECORDS ()F PALM BEACH ,COUNTY. FLORIDA, -. SAID LAND BEING MORE PARTICUl.ARLY DESCRIBED AS FOl.LOWS: ~\. . l t<' ~COMMENC1NG AT THE NORTHEAST t;ORNER OF SECTION' 30. TOIJNSHIP 4~ SOUTH, RANGE 1,3 EAST: . THENCE WI TH A BEARING OF. SOUTH 87 32' 1.7" .WES],. ALONG THE NORTH L.INE OF SEeTI'ON 30. A DISTANCE OF 1000./)0' FEET TO 'A POINT QN' THF.. WEST RIGHT-OF-WAY LINE OF CONCRESS AVENUE: Tij]tNCE CONTINUE Al.f.INC'THE AFOREMENTIONED COURSE EXTENDED A DISTANCE OF, 733.71, FEET.. '.TO A POUlT: THENCE WITH A BEARING OF SOUTH 01 "18' 1,,3" 'EAST'. ALONG' A l.INE LYINC 120,00 FEET IJEST OF ANLl PARAl.LEl. TO Tui'!AST LINE OF LOTS A & B. BLOCK 3. OF THE ABOVE DESCRrBED PLAT OF.'PALH BF.AClI FARMS COMPANY PLAT NO. O. A DtSTANCE OF 25.00 FEET TO'~^" PO.INT: SAID POINT BEING THE POINT OF BEGINNINC: THENCE CONTINUE ALOHa :THE AF'OREHENTIONED P^RALL~:I. LINE A DISTANCF. OF 191.04' FEET Tl..,.it POINT i)H Tm: NOHTlI IHGHT-(W-WAY LINe OF BOYNTON BEACH Bl.VD: THENCE WItH A BEARING Of' SOUTH 87 32' 47" WEST. ALONG iHE.HORTH RIGHT.OF-WAYLINE OF' 8OYNTCtr"l BEACH BL.VD.. A DISTANCE OF 168.:43'F!ET; THENCE NORTH <.6 S2' SB" WEST. A DISTANCE OF 35,71 FlET TO A POINT ON THE EA$T RIGHT-I)F-WAY LINE OF WINCHESTER PARK BLVD.: THENCE WITH A BEARING OF NORTH 01 18' 4,)" WEST. ALONG THE EASTERLY RIGHT-Of-WAY LINE (IF WINCHESTEr< PARK BLVD,. A DISTANCE OF 16~. 5if FEET TO A PO I NT : THF.rK.'E IJ lTH A BEAR lNe c.w NORTH 87 32' 4'" EAST ,...ALONG A l.INE LYItf<:; 2S.l)(l f'I\E1 SOUTH OF AND PARALLEL TO THE NORTH'LIrllr OF' s!eTrON 30. II DJ STANCE ....F 193. <:.14 fEET MORE OR LESS TO THE POINT Of' BECINNINC. CONTAH(ING (.1.,64 ACRE$ /36.117 S(,IUMlr. FF.'F.'Tl 11._,Rfo. I)R LES~ AND SUBJECT TI:' !ASEHP:NTS A",O RICffTS OF WAY (IF REI':' '1([1 - n____.-..... ~ Kilday & Associates landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 REQUIREMENTS G. AND H. PROPOSED RESTAURANT Items (g) and (h) of the Land Use Amendment/Rezoning Application require a justification and a comparison of impacts between existing zoning and proposed zoning. In this case, the request of the petitioner is to bring the property into conformity with the Comprehensive Plan of Boynton Beach which recommends zoning of C-3 which already exists on other properties adjacent to the site. Currently, in Palm Beach County, the property is zoned AR-Agricultural Residential, a rural zone entirely inappropriate for this property which is located at the center of an existing urban commercial area. The application contained herein is consistent with the current County Comprehensive Plan designation of CH/8 (Commercial High) and the Boynton Beach designation of Local Retail Commercial. The current zoning would not allow any development on less than five (5) acres in size and then only a single family home would be permitted. 1. The current zoning in the County would allow for one dwelling unit per five acres which would not allow a lot of lesser size.' 2. The proposed uses are the retail uses permitted within the C-3 district. For land use intensity purposes a restaurant has been designated for the site. 3. The owner anticipates development of the property to commence upon final approval and permitting within the normal time restraints of proceeding through the t~ jL" ".) co 5 S... 4. Employment projections: Assuming a restaurant use, two shifts of 15 employees would allow a total of 30 full time employment opportunities. ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, May 8, 1990, at City Hall, Commission Chambers, 100 E. Boynton Beach Blvd. Boynton Beach, Florida, to consider a request for ANNEXATION, LAND USE AMENDMENT AND REZONING covering the parcel of land described as follows: Legal Description: Parcel B A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat No.8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commencing at the Northeast corner of Section 30, Township. 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a point, said point being the point of beginning: thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right of way line of Boynton B~ach Blvd.: thence with a bearing of S 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet: thebce j~ 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a bearing of N Olo18'43" W, along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point: thence with a curve to the right having a radius of 2193.99 feet, a central angle of 0039'11", and an arc length of 25.01 feet to a point: thence with a bearing of N 87032'47" E, along a line lying 25.00 feet North of and parallel with the South line of Section 19, a distance of 193.80 feet: thence with a bearing of S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. 1 ~ Containing 1.06 acres (46,4l2 sq. ft.) more or less and sub- ject to easements and rights of way of record. Parcel C A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Southeast corner of Section 19, Township 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right of way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 927.68 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a curve to the right along the East right of way line of Winchester Park Blvd. with a chord bearing of North 00007'08" East, a radius of 2193.99 feet, a central angle of 03004'56", and an arc length of 109.59 feet to a point: said point being the point of beginning: thence continue along the aforementioned curve having a chord bearing of North 03008'08" East, a radius of 2193.99 feet, a central angle of 03010'18" and an arc length of l2l.45 feet: thence North 83016'46" East, a distance of 269.64 feet: thence South 02027'13" East, a distance of 41.60 feet: thence South 68003'48" West, a distance of 297.76 feet: more or less to the point of beginning. Containing 0.51 acres (22,037 sq. ft.) more or less and sub- ject to easements and rights of way of record. WWZS Parcel A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Plurlda and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat No.8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. commencing at the Northeast corner of Section 30, Township 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a 2 ~ point, said point being the point of beginning~ thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described Plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right o~ way line of Boynton Beach Blvd.~ thence with a bearing of 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet~ thence N 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.~ thence with a bearing of N Olo18'43" W. along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point~ thence with a curve to the right having a radius of 2193.99 feet, a central angle of 06003'33", and an arc length of 231.04 feet to a point~ thence N 83016'46" E, a distance of 269.64 feet~ thence S 02027'l3" E, a distance of 225.38 feet to a point on a line lying 25.00 feet North of and parallel with the South line of Section 19 thence with a bearing of S 87032'47" W, a distance of 91.20 feet~ thence S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. Containing 2.44 acres more or less, and subject to easements and rights of way of record. APPLICANT/ OWNE R : Winchester, Winchester, Zeiher & Schroeder A Florida General Partnership c/o Michael A. Schroeder, Esquire AGENT: Kieran J. Kilday & Associates PROJECT NAME: Retail/Oil Lube PROPOSED USE: Oil Change facility and Local Retail LOCATION: ~ortheast corner of Boynton Beach Blvd. & Winchester Blvd. REQUEST: REZONE from AR-Agricultural Residential in part / c-3 (City of Boynton Beach) in part to c-3 entirely. LAND USE AMENDMENT from CH/8 (County) & LRc-Local Retail (City of Boynton Beach) to Commercial/Local Retail ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on May 15, 1990, at 6:00 P.M. at City Hall, Commission Chambers, or as soon thereafter as the agenda permits. 3 ~ All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK PUBLISH: THE POST April 22, 1990 & April 29, 1990 cc: City Commission City Manager City Attorney City Planner slbjWINc.Z.S.2 4 ~ - 60 gar- 1 -c:; f2-t- ~- 53 o (I) ." (! ~ -c: mill S; I .= .0 3 ft;:3 . ~ . ~ ~ o I I ttI I 0 I '< ::3 I - 0 ::3 \ ttI I CO - Q) lJ'. I lID . I (') Ja '::;r' ~ ~ < C/'I 0- lID . "'! r.> N Ja ~ :c :~ / ! ~ 'o,..:r- '::, ~ :E 55' ;~CO I ' I~?~ ,QI c: I ~~ 'cl)- (") Ii' I ;- :.,,~ CD < ..'" u:l 0< ::J , :l-! " l>> _Jail .. ...111_ , i 1 Sil 'w CD Cl)gCA ..... 'It: ....0- ~ (:"'3~ I Ocn'" ~ ... t :"\lD~ :D. 0 a "! 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I : ~.\~~ ~l.'E:, \\U~~~ ,,: \ ~ .- :~'G\.. - ~ ~lif""]" ~ ~ , d.,.. lI:1' ~ ~ ~ ". -i..~~ ~ R~ A A \ \~ . 1 . . 1 \ ' ~_.J. I ~ . '4 ,.- ,: 0 L\1 ~ '<: lq ~ ~l ~ ~ \ ~ ~L CI) l U). \l . l < ~ C~ . () .\) 0 . NOTi I IN CITY ,~ ~; ~;t- n >,~;l: == R3 I (I 11-' '... ~ nil II f'.... H "l l- ~ \111\.UI j;l \ 1"11 -r I' I -1. f \ 11 I r \~-l11 -' t-' ./ \,,: SlrrE .R L. . 2..~. .............11 ~I .d:lI11 t?ll ;;;. CITY of BOYNTON BEACH @ ".' . . .,~' 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR March 5; 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. lOOA West Palm Beach, FL 3340l RE: Boynton Beach Annexations Dear Mr. Kilday: The Planning Department has reviewed your letter of February' 13, 1990 and the additional items submitted. Our comments are as . follows: General Issues 1. The proposed .80 acre service station is currently a portion of a 25.3 acre parcel which is proposed to be annexed as part of the Mall South application. Therefore, this parcel can be zoned PCD and it is not intended in the Comprehensive Plan that the .80 acre parcel be removed from the 25.3 acre parcel. Concerning the proposed Mall Corner Restaurant and Retail/Oil Lube applications, these two parcels do not meet the minimum acreage requirements for rezoning to PCD. However, it is the intent of the Comprehensive Plan that the above parcels be combined as part of a unified development, rather than developed on a piecemeal basis. Because these parcels fall within Planning Area 7 of the Future Land Use Element Support Documents, any rezoning to other than the PCD zoning district would be inconsistent with the adopted Comprehensive Plan. As noted by the Interim Planning Director, the word "should" as opposed to "shall" has no bearing on this matter as far as DCA is concerned. In order to place these three parcels in the C-3 zoning category, an application for a text amendment will be required. Only one application would be necessary to amend the text lanaguage for Planning Area 7 to cover all of the parcels which lie within this area. TO: Kilday & Associates -2- Mar. 5, 1990 2. The DRI issue is scheduled to be reviewed by the City Commission at the March 6, 1990 meeting. 3. As documented in the description for each application in the February 13, 1990 correspondence, staff is aware of the ownership issues. Concerning the proposed Mall South Parcel (49.52 acres), this parcel is being placed in a commercial land use and zoning category and the analysis of impacts on infrastructure are required pursuant to the City of Boynton Beach Zoning Regulations (Section 9.c.4). In addition, this information will also be required by DCA, as outlined in the last paragraph of the February 13th correspondence. Concerning the status of the six applications, the following items noted in the February 13, 1990 correspondence are still outstanding: I. Proposed Service Station Item no. 1. II. Proposed Mall South Parcels Items no. 1, 3 and 5. Concerning item no. 3, the signed original that was submitted does not include Ernest Klatt's signature. The photocopy of only Ernest .Klatt1s signature on page 7 is not acceptable. The original page 7 of the application should be removed, signed by Ernest Klaff and returned, or a new fully signed original of page 7 should be submitted. III. Proposed Mall Corner Restaurant Items no. 1 and 4. The signature of the applicant is still missing from page 6 and the original signed copy should be modified accordingly. IV. Proposed Retail/Oil Lube Item no. 1. V. Knuth Road PCD Items no. 4, 5 and 8. Concerning item no. 4, an original signed copy is necessary. VI. Boynton Beach Boulevard PCD Items no. 4 and 7. The above items should be submitted in two copies for standard zoning districts and 3 copies for planned zoning districts. Six additional copies of the subdivision master plan for the rezonings to PCD will be required for review by the Technical Review Board (9 total). TO: Kilday & Associates -3- Mar. 5, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTOr BEACH r- f M.L JAMES J. GOLDEN Senior City Planner JJG:frb cc: City Manger Central File KildayII CITY of BOYNTON BEACH @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR March 23, 1990 Kilday & Associates Attn: Mr. Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, Fl 3340l RE: Applications for Annexation, Land Use Element Amendment and Rezoning Submitted on January 30, 1990 Dear Mr. Kilday: Please be advised that the City Manager has directed the Planning Department to process the three applications which are under three acres (Service Station, Mall Corner Restaurant and Retail/Oil-Lube) for public hearings in May, 1990. As previously noted on page eight of our February 13, 1990 correspondence, you will be required to submit to the Planning Department, prior to transmittal to DCA, a description of the availability of and demand on public facilities pursuant to 9J-11.006 (1)(b)4 of the Florida Administrative Code. This information is required for all applications approved for transmittal by the City Commission after adoption of the Comprehensive Plan (Chapter 163.3l87(1)(c)3 of the Florida Statutes). In addition to the above, on Tuesday, March 20, 1990, the City Commission approved a recommendation from the Planning Department that applicants be billed for traffic impact analyses that require review by the City1s traffic consultant. This recommendation was made due to the depletion of the Planning Department1s budget for these reviews and the impact of the recently adopted Municipal Implementation Ordinance by Palm Beach County. The two applications for rezoning to PCD which generate over 3,000 net trips per day are affected by this policy and will require review by the City's traffic consultant. TO: Kilday & Associates -2- March 23, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~^~ f j / JAMES J. GOLDEN Senior City Planner , , . I I '>-, I, I. /'~<"- JJG:frb cc: Timothy P. Cannon Tambri J. Heyden Central File CITY of BOYNTON BEACH @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (407) 734-8111 OFFICE OF THE PLANNING DIRECTOR April 16, 1990 Mr. Dennis R. Foltz, A.I.C.P. Planning Director Palm Beach County 800 13th Street, P.B.I.A. West Palm Beach, FL 33406 RE: Notification of Annexation Applications Dear Mr. Foltz: Enclosed you will find a copy of the application, site plan and related documentation for the following annexation applications: 1) Mall Corner Restaurant 2) Retail/Oil-Lube 3) Service Station 4) Boynton Beach Boulevard PCD 5) Knuth Road PcD In addition to the above, there are two more annexation applications pending which have not been forwarded to our City Clerk for advertising at the request of the applicant. One of these applications includes application no. 3 above and a portion of application no. 2. If the applicant decides to proceed with these applications, application no. 3 would be withdrawn and application no. 2 would be modified accordingly. I will notify you concerning the status of these additional applications when a decision has been made. Applications no. l, 2 and 3 are scheduled for public hearings on May 8 and May 15, 1990. Applications no. 3 and 4 are scheduled for public hearings on June 12 and 19, 1990. Mr. Dennis R. Foltz - 2 - April 16, 1990 Please provide our office with your comments prior to the scheduled public hearing dates. Very truly yours, CITY OF BOYNTON BEACH ~ 4- ~AL o l- JAMES J. GOLDEN Senior City Planner JJG:cp cc: Interim Planning Director Central File Encls. CITY of BOYNTON BEACH @ . ' .~. . ;: "- . . .~. 100 E. Boynton Beach Blvd. P. O. Box 3IO Boynton Beach. Florida 33435-0310 (407) 734-8111 OFFICE OF THE PLANNING DIRECTOR 7 June 1990 Mr. Alan Ennis Palm Beach County Engineering Department P.O. Box 2429 Building S-l170,PBIA West Palm Beach, FL 33402 RE: Traffic Impact Analysis for Boynton Beach Blvd. PCD and Knuth Road PCD Dear Mr. Ennis: Please be advised that the City staff found the applications for the Boynton Beach BoUlevard PCD and Knuth Road PCD to be complete as of the submittal date of January 30, 1990. The City considers any application which is sufficiently complete to allow process- ing through the staff and various city boards to be a complete application. In the case of both of the above-mentioned applications, the items listed in the letter to the applicant, dated February 13, 1990, were minor in nature. The only missing item which could be possibly considered substantial in nature were the requirements for a subdivision master plan, however, since these sites will each be developed as a single shopping center, the lack of subdivision plans did not constitute a major omrnission. All of the improvements which would be required for a subdivision were shown on the conceptual site plans for the PCD's, or would be constructed as a part of the shopping center site. Since the City considers the two applications to have been complete as of the submission date, the City will continue to process these applications, subject to the applicant demonstrating that the roadway levels of service, as set forth in the City1s Comprehensive Plan, would be maintained, as well as applicable levels of service in the unincorporated area. The provisions of the City1s Plan and Code Ordinances which were in effect at the time these applications were submitted require that a traffic impact analysis be submitted when property is rezoned, using the methodology and standards utilized by Palm Beach County, but subject to the levels of service set forth in the City's Comprehensive Plan. TO: Mr. Alan Ennis Page Two 6/7/90 If you have any questions with regard to these applications, please feel free to contact me. The City appreciates your review and comments regarding the traffic studies which were submitted for these two projects. The Planning Department will recommend that the approval of these applications be conditioned upon maintaining the adopted levels of service within the City, as well as the adopted levels of service in the unincorporated area. Very truly yours, CITY OF BOYNTON BEACH ~;:P~ Timothy P. Cannon Interim Planning Director TPC/cmc cc: J. Scott Miller, City Manager James Cherof, City Attorney Vincent Finizio, Engineering Dept. P IM{)'flb CITY of BOYNTON BEACH "_. - --.- @"', "."; :.: . "~ll Utilities Department 124 S.E. 15th Avenue Boynton ~nch, FlorJdn 33435 (407) 738-7460 OFFICE OF THE DIRECTOR OF UTII.I'rIES July 17, 1990 Mr. Charles C. Yannette KILDAY & ASSOCIATES 155 1 For um P I ace, Sui tel 0 0 A West Palm Beach, Florida 33401 Dear Mr. Yannette: SUBJECT: WWZ&S Parcel - Water and Sewer Availabil ity Based upon the information you provided in your July 12, 1990 letter, we can ascertain that water and sewer mains sufficiently sized to service this parcel are available in the Boynton Beach Boulevard right-of-way. A 15" diameter gravity sewer main exists in the northern portion of the right-of-way, and a 12" water main is on the south side of the roadway. Services or main extensions, as needed, will have to be installed at the developer's expense. We estimate a demand of approximately 4,400 gallons per day for a 4,000 square foot restaurant with 100 seats. At this time, the C i t Y doe s not h a v e any un c 0 mm i t t e d res e r v e pot a b 1 e wa t e r cap a c i t Y installed, but we are undertaking a Water Treatment Plant expansion which should be completed on or about July 1, 1991. The City does have sufficient reserve sewage treatment capacity already instal led to accommodate this project. We trust this letter satisfies your request. further questions, please refer them to Peter V. office. I f you have any Mazzella of this Sin er~l \' / A~rY, to r of Ut i lit i e s v .... RECEIVED gb bc: xc: Peter V. Mazzella Jim Golden F i Ie _18~ PLANNlNG OEfbT, - - CITY of BOYNTON BE.~CH DRAFT @ 100 E, Boynton Beach Blvd. , . :.. P. O. (0)( 310 . ;r~!.?,f$.. Boynton Beach, florlda 33435-0310 ~. 14071 73-1.Rlll OFFICE OF THE PLANNING DIRECTOR July 26, 1990 Mr. Robert Pennock, Chief Bureau of Local Planning Division of Resource Planning and Management State of Florida Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 RE: Transmittal of Proposed Local Government Comprehensive Plan Amendment (West Boynton Beach Blvd. Retail/Oil-Lube) Dear Mr. Pennock: Accompanying this memorandum you will find materials which are related to a Comprehensive Plan Amendment for the City of Boynton Beach. This amendment, hereinafter referred to as West Boynton Beach Blvd. Retail/Oil-Lube, was considered by the Planning and Zoning Board, sitting as the Local Planning Agency, on July 10, 1990 and also by the City Commission, at a public hearing which was held on July 17, 1990 after due public notice. The Boynton Beach City Commission has approved the transmittal of this plan amendment to the Department of Community Affairs. With respect to Rule 9J-l1.006, which outlines the procedure and requirements for transmitting plan amendments, please be advised of the following: (1) (a)l. The proposed month of adoption for this plan amendment will be based upon the date of completion of DCA1s review within the 90 day statutory review period. It is anticipated that second reading of the ordinances to annex, amend the future land use element/text and rezone will occur within 60 days of receipt of comments from your agency. Assuming that the documents and information contained herein are sufficient, it is anticipated that second reading of the appropriate ordinances for this amendment will occur in November or December of this year. TO: Mr. Robert Pennock -2- July 26, 1990 (1)(a)2. The proposed amendment is not in an area of critical state concern. (l)(a)3. The proposed amendment is exempt from the twice per calendar year limitation on the adoption of Comprehensive Plan Amendments, pursuant to Subsection 163.3l87(1)(c), F.S. (small scale development). (1) (a)4. The amendment is not proposed to be adopted under a joint planning agreement. (1)(a)5. Contact person: James J. Golden Interim Planning Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 (407)738-7490 (1)(b)1&2. Ten copies of the entire Comprehensive Plan were transmitted in the last set of plan amendments which consisted of 8 items in July, 1990 (your reference number 90-1). Included in this transmittal are ten copies of the Future Land Use Map which address the information for items (b)1 and (b)2. (1)(b)3. (1)(b)4. The size of the subject property is .84 acres. A description of the availability and the demand on public facilities can be found under the cover sheets entitled "Sanitary Sewer and Potable Water", "Solid Waste", "Drainage", and "TraffiCl Circulation" that accompany this transmittal. (1) (b)5. Information regarding the compatibility of the proposed land use amendment with the land use element objectives and policies can be found in the staff report (Planning Department Memorandum No. 90-2l1). (1) (c) The staff recommendation is contained within Planning Department Memorandum No. 90-211. The recommendation from the Planning and Zoning Board is contained within Planning Department Memorandum No. 90-179. The recommendation from the City Commission is contained within the accompanying draft approval letter. TO: Mr. Robert Pennock -3- July 26, 1990 If you have any questions concerning this plan amendment, please do not hesitate to contact me. Very truly yours, ~ ;~lCH JAMES J. GOLDEN Interim Planning Director JJG:frb Encs cc: Kieran Kilday Central File C:CPLAmend ~ CITY of BOYNTON BEACH DRAFT ~ @ 100 E, Bovnton Beach Blvd. P. O. 80x 310 Boynton Beach, Florida 33435.0310 14071734.8111 OFFICE OF THE PLANNING DIRECTOR July 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 Re: West Boynton Beach Boulevard Retail/Oil-Lube Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced request for annexation, land use element amendment and rezoning. If you have any questions concerning the above, please do not hesitate to contact me. - Very truly yours, ~ CITY OF BOYNTON BEACH (}~.''''',( ) JAMES J. GOLDEN Interim Planning Director . II) ..J7~{!'{~'\ JJG:cp A:Kilday ------ %e City of 'Boynton 'Beach - \ ,- --- 100 'E. 'Boynton 'Beach 'Boulevard '1'.0. 'Bo;t31O 'Boy" tOll 'Beach, :Fronda 33425-0310 City:J{ar(; (40i) i34-8111 :F5Lt: (407) i38.i459 December 21, 1990 Dan Weisberg, Sr. Registered Civil Engineer Department of Engineering and Public W~rks Traffic Division P.o. Box 2429 West Palm Beach, Florida 33402-2429 Dear Mr. WeiSber~: Enclosed please find a second revision to Exhibit "A" of the city of Boynton Beach "previous approval" determinations. The enclosed list supersedes the former "ExhilJit A - Revision Number 1" which was mailed to your office on October 19, 1990 and received on October 25, 1990. Please be advised that the original Exhibit "B" which was mailed to your office on September 12, 1990 has not changed. The projects added to Exhibit "A" in the enclosed revision (Boynton Beach Blvd. PCD, Knuth Road PCD, Winchester Blvd. Restaurant and Mall Corner Restaurant) submitted a "substantially complete application prior to the effective date of County Ordinance Number 90-6 (February 1, 1990), but could not be officially designated as previous approvals until the appropriate development orders were issued. The city Commission recently approved the development orders for all of-the above mentioned -proj ects during the December 18, 1990 meeting. Pursuant to County Ordinance 90-6, please review the revisions and notify our office within ten (10) working days if additional information is needed. Thank your cooperation. Very truly yours, CITY OF BOYNTON BEACH ~~ Christopher Cutro, Arcp Planning Director cc: chron a:weisrev2.doc Jlmerica~o; (jateway to tlie (iu(t:o;tream Klldey & Assocletes Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (4071 689-5522 · Fax: (407) 689-2592 --' , ". ..;. February 26, 1990 . .., J. Scott Miller Boynton Beach City PO Box 310 Boynton Beach, FL Manager 33425-0310 Re: Attached memo from James J. Golden, S~nior City Planner Dear Mr. Miller, Today I was somewhat dismayed to received a copy of the attached memo regarding six annexation requests my office submitted to the City of Boynton Beach. As we discussed in the meeting held with you last week, these applications represent the annexation of a significant area within the planned expansion area of the City. Previously, similar applications had been made and then subsequently withdrawn for a portion of the sites. It is my belief that the City of Boynton Beach should annex these properties (as indicated in your own Com- prehensive Plan) and that the ultimate use of and rev- enue created by these properties will be of benefit to the City. Therefore, I am chagrined to see the word ."incomplete" occur on the second line of the attached memo. This term is extremely important in assessing the applica- tion of traffic performance standards to these individ- ual parcels. In adopting the Palm Beach County Traffic Performance Standards Municipal Implementation Ordi- nance, the term "Complete Application" is described:a~lfr;;J1r"'D' . ~~.j .f!t-lll V l.t MAR I 1990 PLANNING DEPT. I ~ Scott Miller Golden Memo February 26, 1990 Page 2 of 4 "An application filed with the municipality which satisfied the application requirements of state law; all agencies; and the relevant land develop- ment regulations, the general rates and policies adopted, and the customary general practices of the municipality." Applications submitted to the municipality prior to February 1, 1990 would continue to be reviewed accord- ing to the traffic regulations in effect in the munici- palities. For that reason, all six of the applications were submitted on January 31, 1990. The letter to my office of February 13, 1990 which is referenced and attached to the memo in no place util- ized the term "incomplete". My office interpreted this letter as the normal review which takes place upon any application submitted to the City and we deemed it to be "the customary general practice of the municipal- ity". ~We did not deem it to be a statement that the applications were "incomplete". In fact, many of the items requested in this application had already been submitted on January 31, 1990, and should not have been referenced therein. In any event, a reply letter was prepared by me on February 26, 1990. This letter indi- cated which items had previously been submitted, al- though copies of the items were attached again in the event they were misplaced. My recent letter was pre- pared according to the normal sequence of application submittal and review and update. I am writing you at this time to make sure that the City makes a determination of "complete application" strictly in accordance with the definition provided in the Ordinance. I feel assured that utilizing the normal City criteria, it will be agreed that complete applications were presented to the city on January 31, 1990. Because I know Palm Beach County has taken a critical interest in this matter and talked to the Planning Department several times and that the City Planning De- partment has provided the County Engineer with a copy of their February 13th letter, I should clarify the ,. Scott Miller Golden Memo February 26, 1990 Page 3 of 4 following fact, The application for the annexation of '-. , 49 acres of property~designated commercial on both the Palm Beach County's and the City's Comprehensive Plan will, in fact, have to meet the new county wide Traffic Performance Ordinance. No development plan was submit- ted at the time of this submittal and it is the under- standing of the owner, Mr. Bill Winchester, that any future development will have to meet the Traffic Ordi- nance in place at such time an application is made. This application was not intended to meet any special deadline but was the result of a recognition that the property belongs in the City of Boynton Beach and should be planned and developed under the City1s Muni- cipal Ordinances. Additionally, Mr. Winchester fully understands and intends to comply with the stipulation in the text of the Comprehensive Plan which indicates that this property "should" develop as a Planned Comm- ercial District. Mr. Winchester has indicated that such a stipulation could be made a condition of the annexaqion approval providing further safeguards that the property will not develop except in accordance with whatever traffic standards are in effect at the time the application is received and that the property will not develop without a proper determination as to whether a development of regional impact is being requested. Finally, the planning staff and I have not been able to agree on whether a text amendment is in fact necessary for the three annexation parcels which are less than three (3) acres in size. These parcels do not meet the minimum size for a Planned Commercial Development and therefore cannot request the same. As I indicated in my January 31, 1990 cover letter to the Planning De- partment, I believe the word "should" as opposed to "shall" provides discretion to the City Council. I suggested to staff that the matter be discussed by the City Council at the same time as any discussion regard- ing "binding letters" regarding the Development of Re- gional Impact issue. At that time I will make myself available to explain the distinctions contained in the Code and the reason why these three parcels should be entitled to proceed forward through the approval pro- cess without any text amendment being necessary. J' J. Scott Miller Golden Memo February 26, 1990 Page 4 of 4 This letter 9~yers a lot of issues. I will be happy to meet with you anJ'd~scuss anyone of these matters in greater detail. Mr. Winchester previously committed in your office that he recognizes these parcels properly belong in the City of Boynton Beach and intends to move forward with this annexation as originally submitted. I am hopeful that we can resolve any issues of inter- pretation in the City Council meeting so that the mat- ter may proceed in a timely manner. Sincerely, ~/ ---..\:~// /7 '1 ~1 a..-?-'u y .;/:r:.~t..~.ef~1 K' Dan J. KildfY U Enclosures ~ cc: Tim Cannon Jim Golden Bill Winchester Michael Schroeder " "--'-~-"~-. ._~.._-'------~--_._.._-_.- . - .. ~ .. -" rj:i.,rl;\I ".>t,:.. 'I ...., i:~," ) Kilday & Associates Landscape Architectsl Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 February 26, 1990 Mr. James J. Golden Senior City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435-0310 HE: Boynton Beach AnneKation Parcels Dear Hr. Golden, This letter provides a response to your letter of February 13, 1990 concerning six Annexation, Comprehensive Plan Amendment, and Rezoning applications which were submitted to you on January 31, 1990. Prior to discussing the individual parcels involved, there are several general issues which need resolution. These are: 1. Text Amendment - As indicated in my previous letter to you of January 31, 1990 (I tern No. 2 - Proposed Service Station), I do not believe a Text Amendment is necessary regarding those three parcels which are less than three acres in size and therefore not eligible for consideration as Planned Commercial Districts. As indicated then. the critical language in the Comprehensive Plan is the word "should" as opposed to the word "shall". - Obviously, these three parcels of land which do not meet the minimum three acres criteria for a Planned Commercial District cannot. in fact, be zoned as Planned Commercial Districts. We have reviewed the Ordinance and find no provisions for any waiver from this requirement. Because of this, \"e have. made appl ication for straigh.t C-3 zoning. H.owever, as y.ou are well aware, the City Commission may place conditions upon any Annexation approval similar in nature to conditions which could be placed upon an actual Planned Commercial District. Because there seems to be some uncertainty regarding the interpretation of this section of the Comprehensive Plan. I would therefore request that this matter be discussed by the City Comm!i\s~~..as to their intent in including this lanp,u;:q"B in t~~'EIVED MAR 1 19'10 PLANNING DEPT, ~ , Mr. James J. February 26. Page 2 Golden 1990 2. Deve lopment of Reg iona. J Impact - Your letter of February 13, 1990 indicates that these applications when considered "either separately or together may constitute a Development of Rep,ional Impact". I need further clarification of this issue. I have reviewed the Statutes and do not find any indication that Development of Regional Impacts must requested at this time. [ agree with you that the City Commission should probably make a final decision regarding this item. Perhaps we can schedule the Text Amendment and the DRI issue on the same agenda and resolve these matters together. 3. Ownership - My letter of January 31, 1990 was incorrect in one critical assumption. At that time, I indicated that Mr. Winchester had some involvement in all of the parcels being submitted. Subsequently, I learned that that is not the case. For your information, I am attaching Warranty Deeds indicating the ownership of each of the parcels being submitted. Specifically, Mr. Winchester has no involvement in either the Mall Corner parcel which was purchased in 1988 from the Florida Gas Transmission Company or the University of Florida Trust parcel which has been owned by the Trust since 1986. Additionally, I am attaching a map showing the names of the ownerships of the various parcels between Old Boynton Road and Boynton Beach Boulevard. You will note that these parcels were purchased at various times and in various combinations of names. For the purpose of this Annexation, we have gathered these parcels together. But again, there is no development plan being requested at this time and we will further stipulate that no development wil I take place on the 49 acre tract until an actual Planned Commercial District is requested by the petitioner. (However, in the meantime, we are requesting a Commercial Land Use designation and Zoning District be applied to this property in order to be consistent with both the City and County Plans.) Regarding following your specific concerns response is provided: for each nppl icati'on 'the I. E.r~5s_d ~_~~i.9_~__~t8t_Lg_T} - This .80 acres of property is located at the southwest corner of North Congress Avenue and Old Boynton Road and is owned by Bil I Ray Winchester and Elsie ^. Winchester. Applications submitted are for Annexation, Land Use Element Amendment. and Rezoning. 1.. Applicant necessary. d i s;.:qp' ee s As s'Lar.ad that a Text Amendment is above, the applicant requests .... Mr. James J. February 26. Page 3 Golden 1990 that this matter be discussed at the City Commission I eve l. 2. Additional copies of the property owners list. tax map and affidavit are attached. 3. Items 6 and this site However, we Consulting by you in attached. 7 of the application do not apply to as the parcel is less than one acre. did submit a statement by K.S. Rogers, Engineer, providing the data requested your letter. An additional copy is II. :proposed_-.t1_~11 South P3c.LceJ_ - This '~9.52 acre parcel is located on the east and west sides of Winchester Park Boulevard between Old Boynton Road and Boynton Beach Boulevard and is owned by Bill R. Winchester. Elsie A. Winchester. and Ernest Klatt. The applications are for Annexation, Land Use Eiement Amendment, and Rezoning. 1. A Text Amendment is not needed as the applicant has already agreed to stipulate in the Annexation agreement that no development will commence prior to a Rezoning of the property to a Planned Commercial District desienation. However, the applicant is requesting C-3 Zoning at this time to ensure that the property is entitled to develop consistent with both the County and the City Land Use Plans. The stipulation regarding no development until a Planned Commercial District is approved for this site is sufficient to satisfy the Text requirements of the Plan. 2. Additional copies maps and affidavit of the property owners list, ar-e attached. tax 3. The Consent of Ernest Klatt was of the appli.cation. Ho\...ever, has been attached hereto. submitted as p~rt an addition~{ copy 4. Pursuanl to our discussion with the City Forester, a vegetative ass0ssment will be sufficient at this t i fll G . S U c h a n a s ~:> e r-; Sill e n tis a t t a c he d her e .t 0 . 5. It.erns (3.). (b), and (c) \...ere included in the appl ication as "l'lall South Justif ication Impacts". This document also addressed Item (d) regarding traffic. Becaus~ there are no development plans for the property at this time and because the ,.._._--------,..,..-._---,._-------_._-----~- Mr. James J. February 26, Page 4. Golden 1990 applicant has further stipulated that no development will take place prior to the approval for a Planned Commercial District and/or Development of Regional Impact (if applicable), a traffic comparison cannot be entertained at this time. SimiJarly, Items (e) and ef) regarding sewage fJow cannot be calculated without a known use for the site. Again, a 'specific development plan wil I be required in order to assess future employment. jj I I I. P !:"QJ? 0 s e (~L~?_LL~9.. I' n ~_.B.S!..?_~_~~ ;).:-n..!- - T his 1. . 3 {~ a c I' e pa I' c e I is located at the southwest corner of Old Boynton Road and Winchester Park Boulevard and is owned by Mall Cornel', Inc. Appl ica,tions are for Annexation, Land Use Element Amendment. and Rezoning. 1.. App I i cant necessary. that this Commission disagre(~s As stated matter be J eve 1. that a Text Amendment is above, the applicant requests discussed at the City 2. Information contained in the application submitted by this office from our computer has been duplicated on a standard City form which is attached. 3. Additional copies of the property owners map and affidavit are attached. list, tax 4. Signature of the applicant on Page 6 was previously submitted. However. an additional copy has been attached hcrl~in. 5. Thc~ proposed indicat.ed on a p pi i ca. t ion. be noted on a t tachr~d. square footage for the restaurant was the site plan submitted as part of the The square footage has additionally the revised "Requirements (gl and (h)" .. 6. It is estimated that the resta~rnnt will provide approximately 50 employment opportunities. In 03.1 I probability, there wil I be 25-30 employees working on anyone shift. However, while hours of operation have not been tully defined, it is estimated that at least two shifts will be required for the rastellI'ant.. This matter has been incorporated under the revised "Requirements (g) and (h)ff of the application. Mr. James J. February 26. Page 5 Golden 1990 IV. Proposed Retail/Oil Lube This 2.44 acre site is located at the northeast corner of West Boynton Beach Boulevard and Winchester Park Boulevard and is owned by Winchester, Winchester. Zeiher. and Schroeder, a Florida General Partnership. Applications are for Annexation. Land Use Element Amendment. and Rezoning. 1. Applicant necessary. that this Commission disagrees As stated matter be I eV01 . that a Text Amendment is above. the applicant requests discussed at the City 2. Additional copies of the property owners list, tax map and affidavit are attached. 3. The term Commerciat-3 has been amended to "C-3n. 4. Additional information pertaining to proposed square footage has been added to the revised "Requirements (g) and (h) which is attached. 5. Additional information pertaining to employment figures for the project has been added to the revised "Requirements (g) and (h) which is attached. V. Proposed Knuth Ro_~~_13nI!.~!L_~<?.!!)).!le rcia I J)eve I opment- This 13.871 acre parcel is at the southwest corner of West Boynton Beach Boulevard and Knuth Road and is owned by the Winchester Family Partnership, Ltd. and various members of the Winchester family. Applications are for Annexation, Land Use Element Amendment. and Rezoning. 1. An additional $100.00 filing fee is attached. 2. A Comprehensive Plan Text Amendment application is attached. Previously. the applicant was under the impression that Lne Comprehensive Plan Amendment application which was ~ubmitted as part ~f 'the overol I Annexation, Comprehensive Plan and Rezoning application was sufficient to indicate that change on the Plan. However, based upon your letter, we are in agreement that a separate Text Amendment \"i11 be required. 3. Additional copies of the property owners maps and affidavit are attached. 1 ist. tax 'I . The s i ~Ila turl,~ of the app I i. ca.n t on Page 60f the , . 111'. Jam~~s J. February 2t3, Page 6 Golden 1990 Annexation application has attached. been completed and is 5. As with the other applications, the applicant did indicate the proposed square footage on the previously submitted site plans. However, these figures have additional Iy ~een added to the attached revised "Requirements (g) and (h)ff. 6. Employment calculations have been included in the attached revised ftRequirements (g) and (h)". 7. Documentation submitted by the applicant indicates that the property is under single ownership and is currently subject to Unified Control. Attached herein you \oIi It find an additional document indicating the willingness of this owner to maintain Unified Control pursuant to the requirements of the City of Boynton Beach in the future and require any future owners to likewise agree. v I. Pr_9P.9....?~!?_Qy...!1to_:o_!3each 801..1 1 evard P! aD_ll~d Commercia I peveLQP~~~~- This 14.76 acre parcel is located on the south side of West Boynton Beach Boulevard and is owned by the Universi ty at Florida Foundation, Inc. Charlene Boynton. and Donald Lowe. Applications are for Annexation. Land Use Element Amendment. and Rezoning. 1. An additional S100.00 filing fee is attached. 2. l\ Comprehensive attached. Plan Text Amendment application is 3. Additional copies of the property owners maps and affidavit are attached. list, tax 4. Pursuant: to a vegetativl:) 1;he .January survey which our discussion with the City Forester, assessment was submitted as ~art of 31. 1990 applicatiory in lieu o1"a tree wit I be submitted at a later date. ,-- :.:>. The'! proposed the rE-lvised attached. !':quare footage "Requirements has ( g) been and included in (h) which is G. Employment calculations revised "Requirements attached. have ( ~) been and added to the (11) which is . . Mr. .J ames J. February 26. Par,e 7 Golden 1990 7. Documentation submitted by the applicant indicates that the property is under single ownership and is currently subject to Unified Control. Attached herein you will find an additional document indicating the willingness of this owner to maintain Unified Control pursuant to the requirements of the City of.~oynton Beach in the future and require any future owners to likewise agree. 8. Page 7 of the Land Use Element Amendment/Rezoning application has been completed and is attached. If you have any questions concerning any of the above, please do not hesitate to contact me. Sincerely, '. ._--_._,-~ ---'---~_._-'------- Kilday & Associate. Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 June 1, 1990 Mr. Jim Golden, Senior City Planner City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Annexation/Land (w"WZ&S Parcel) Use/Rezoning Petition for Retail/Oil Lube Our Project No. 799.6 Dear Mr. Golden, The above referenced petition is currently scheduled to at the June 12, 1990, Planning and Zoning Board public Due to a possible consolidation of this petition with pending petition, we are requesting a postponement hearings until the next egular hearings in July, 1990. be heard hearing. another of public If you have ons, please don't hesitate to call. cc: Bill Winchester v i.~, " ~ 0 Hi r: :; n ,-) ," r " t l \, ~ ~( r, , r r-' 1 "~! il 1 ii-I f',:::, I 1'1 I"~ ,,' "C', '~.:l. t~.>r 'I'", :'~ ("', ('j \;1,', > t :tir F' 3 I rn t: j' "':: t CI c, I ":' L' ::' ~\ (:: !~'j ... 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I,~i u i' ; .) l"j .., " -:~ i , 1'. ," t J, .., '- 'f" i"''j 1: d C 1: ! ", '-' .. - - . .. .. ,> - - .. .. \ ',.", , \' j-' U I \- ,:" I,,; r' :::, " . . 1,_.,~'YV ()F ':3C:'/NT':>t,-: ~:[J:-"C!'1 ,::i rr ~ ~< C~ (i -~ ,:!.'3 n :. r't '1 '. ~\ r l i l. V c; 1 I':~ ,"j n ;:.... (' ..i ..1 1_: :,~ ~' n , w 1 :...~ i C t ," j', ii f'~ i I >;:. , 'i '-:-~ 01 : i' ',.' r ], i' [.",. l" 1 ITI .' '~l~~;~l;;\;:; '\:':' ',,;,,1 ' .. , .-_.. ~ ':...J.,.. : - . , ..... STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE' TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ THOMAS G. PElHAM Governor Secretary July 18, 1990 Mr. Timothy P. Canon Interim Planning Director City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435-0310 Dear Mr. Canon: Thank you for submitting copies of your proposed comprehensive plan amendment(s) for our review. We have conducted a preliminary inventory of the plan amendment package pursuant to Rule 9J-11.006, F.A.C., to verify the inclusion of all required materials. Our reference number for this amendment package is Boynton Beach 90-1. The submission package appears to be complete, and your proposed plan amendment will be reviewed in accordance with pro- cedures contained in Chapter 9J-11, F.A.C. Once the review is underway, you may be asked to provide additional supporting docu- mentation by the review team to ensure a thorough review. If you have any questions, please contact Georgia Katz at (904) 487-4545. Sincerely, RECEI'/ED R~ ~..~ RP/gkr JUL 2~ 1990 PLANNING QEPT. Robert Pennock, Chief Bureau of Local Planning EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVElOPMENT. RESOURCE PLANNING AND MANAGEMENT !th,~ ,/ l' Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 July 26, 1990 Mr. George Gonzales Boynton Beach Planning Department 100 E. Boynton Beach Boulevard PO Box 310 Boynton Beach, Florida 33435-0310 Re: Winchester Boulevard Restaurant (WWZ&S Parcel), Corner of Winchester Park Boulevard and Boynton Beach Boulevard - Our Project No. 799.6 Dear Mr. Gonzales, In a recent phone conversation we discussed the Boynton Beach Concurrency Ordinance and the possible exemption of the above noted project from that ordinance. You noted that this project falls in the E-3 development order category of the Concurrency Ordinance which includes "Any land use amendment or rezoning petition, and any land use category or zoning district, except for planned zoning district and Development of Regional Impact applications." While "E" category development orders are not exempt from the ordinance, you did note that Section 19-81 paragraph (b) of the Concurrency Ordinance states: "The Palm Beach County Traffic Performance Standards Ordinance shall supercede this Article in the case of all conflicts of such Ordinance with this Article, including conflicts where the Palm Beach County Traffic Performance Standards Ordinance would be less restrictive than this Article." This project falls within the definition for "site specific development orders" as outlined in the 1990 Palm Beach County Traffic Performance Standards Ordinance. The PBCTPSO provides for exemption of projects filing applications for "site specific development orders" prior to February 1, 1990. Therefore, this project is eligible for exemption from the traffic portion of the Concurrency Ordinance since the applications for this project were submitted prior to the County's February 1, 1990 deadline. Based on the above, we reques t that the Ylinches ter Boulevard Restaurant (WWZ&S) project be included on the City I S "previous approval list" to be forwarded to the County requesti~.fx;wtion from the 1990 Traffic Performance Standards or~E;l V Eu M 80 1990 PLANNIN~ DEPT. Ll ~-_. - If you have any questions or require any further information, please don't hesitate to call. Sincerely, ~~~ Chuck Yannette cc: James Golden, Senior City Planner ~o~rd-oi' County Commissioners Carol J. Elmquist, Chairman Karen T. Marcus, Vice Chair Carol A. Roberts Ron Howard Carole Phillips County Administrator Jan Winters Department of Planning, Zoning & Building July 31, 1990 Jim Golden,Senior Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435-0310 Dear Mr. Golden: Palm Beach County Planning Division has coordinated the review of the proposed annexation of .84 acres, located in general, north side of Old Boynton Beach Rd., and west of Congress Ave. Annexation reviews do not address the question of whether a future development order for the proposed annexation would be considered a previous approval vested against the 1990 Countywide Traffic Performance Standards. Staff comments are as follows: 1. PLANNING DIVISION: Steve Morales, Planner The Planning Division has reviewed the proposed annexation for "statutory deficiencies," pursuant to Chapter 171, F.S. and Palm Beach County's Interim Annexation Review Policy. The Annexation of this parcel eliminates an existing unincor- porated enclave area within the City of Boynton Beach. Palm Beach County supports this type of annexation. 2. ENVIRONMENTAL RESOURCES MANAGEMENT: Bob Kraus, Environmental Analyst This site is not listed in a well field protection zone nor is it considered environmentally sensitive. ERM recommends that the oil-Lube facility provide secondary containment for any regulated substances that are stored on-site. l(JE<:lEI"]El) HJG 2 1990 800 13th Street. WEST PALM BEACH. FLORIDA 33406. (407) 697_400ftANNtNG DEPT. @ primed on recycled paper ... .- -~. ,~ July 31, 1990 Page 2 3. FIRE-RESCUE: Kathy Owens, Special Projects Coordinator Palm Beach County Fire-Rescue will lose revenue due to this annexation, but residents will receive a quicker response from Boynton Beach. It will also remove one eastern County enclave. 4. SHERIFF'S DEPARTMENT: Planner Diana Newcomer, Criminal Justice The Sheriff's Office does not find issue with this request as it eliminates an existing service enclave. 5. TRAFFIC ENGINEERING: Alan Ennis, Development Review Engineer No Comment 6. WATER UTILITIES: Lorraine Peterson, Civil Engineer WUD has no obj ection to the proposed annexation annexation is not in the WUD's service area. This 7. OFFICE OF FINANCIAL MANAGEMENT AND BUDGET: Richard Roberts, Assistant Director The proposed annexation results in the loss of ad valorem taxes of $396.58 as Boynton Beach does not participate in Fire-Rescue Countywide MSTU and the Library Taxing District. In addition, certain revenue, i.e., utility service tax, franchise fees, sales tax and state shared revenue would be marginally reduced but cannot be estimated from available information. Thank you for the opportunity to review and respond to these actions. Please include these comments with your backup materials for all meetings and hearings where this annexation is discussed. Feel free to contact this office if you have any questions. Sincerely, \"" \1 1\ f\ ,; " r . 't)' '/\ !'_' " i.. -' \ ~ ~ Dennis R. Fch tz ,~~ICP Planning Director' FILE:ANNEX1/ANNXPBG.RS1 cc: Board of County Commissioners Bob Weisman, Asst. County Administrator Donna Kristaponis, Executive Director, PZ&B Bob Banks, Assist.County Attorney July 31, 1990 Page 3 Bob Kraus, ERM Kathy Owens, Fire/Rescue Diana Newcomer, Sheriff's Department Alan Ennis, Traffic Engineering Division Lorraine Peterson, Water utilities Richard Roberts, OFMB Keith Stahley, Zoning Division ~ =' ~ = -t ~ ~ ~. == Q.ii C .00 ,~ > ~..:). :, 6~ 5il:l'.l -iO ,~~ ~~ ~ ...... = ,~ '~ ~ n ::r (1' o = = ~ ~ " .c -="=- r". -- ; -- '.-- i["~ ~' ; , ./ i 1\: UI ~ v l> j ',i , ~ ';::J'9 ~ .-- .01 ;I~ ... @ J> -<ll ~I~ -]~r" ,...=. I :. '.; ',III; I' < ,.p.._.l:_ ~ 1 ',/"",-~'" ~.. , ._.-'- " -,', /' " l' ' ~ " ,I .... ~ ' ~~ . I . I'. .". . i':~ ~ .. . \ I ',~ .,~, . \---r-'--" .'" 1 ' I I i~'l"" ," . " I .. . '. '. I. " 1-- . ~~:, I .~...., '1 \ .. .' ' i ';'-\. '. ,- - . --L .1 ' '_._ ',~---L--,-, ~...~_... .. !}. ~~ A . ~ - ... . " I r ,\ . ~ '~ ~~. \. ':1' II ,,"3:. II ~--- ~ . 1-- -= 1 CX?- '--:=--', "-1"---'- I~ . ...,~, . s. ~ ". '... ,.)0 .~ . ~ ~: '~i ... .'-- / :: \ , 1 5!, i ; ~ .... ':: ~ --'l .,~: ~ ~ ~ k. & ot ~ ,.::...r~~ _ :-. -i -...... ./ ","00 ~---.;.- , ....- '..:-' : . ,.- (",. .' " - . , ... . , \ '.' '. ' ' _______......._. .. ,_ . i ' "El'''''! \,AttlE- _'. _ COftDO treQlure cOOJ:t regional planniQg council ,e r::: ,A+:L. &.+t -[tAB, August 14, 1990 Mr. James Golden Interim Planning Director city of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Subject: City of Boynton Beach Local Government Comprehensive Plan Documents Dear Mr. Golden: This is to notify you that the Regional Planning Council has received a request from the State Department of Community Affairs (DCA) for comments on the following comprehensive planning documents: One draft amendment to the City of Boynton Beach's Future Land Use Map Council staff will review the documents in accordance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes. It is anticipated that the report and recommended comments will be presented to Council at its meeting on September 21, 1990. Prior to the Council meeting, the meeting agenda, report, and recommended comments of the staff will be transmitted to you. You or any representative of your local government are invited to attend the meeting and wi 11 be afforded a~ opportunity to address the Council. Following the Council meeting the adopted comments will be transmitted to DCA. If you have any questions regarding this matter, please do not hesitate to contact me. ds~ncerel{' W-- Terry . Hess, AICP Planni g Coordinator RECEIVED TLH: lhb ~JG 20 1390 p\.A.NNHiG Ot.PT. f'^~ ~ 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rlda 34990 phone (407) 221-4060 sc 269-4060 fax (407) 221-4067 treQ/ure co~t regional planniQg council september 15, 1990 Mr. James Golden Interim Planning Director city of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 subject: City of Boynton Beach Local Government Comprehensive Plan Document Dear Mr. Golden: Council staff has completed its review of the City of Boynton Beach's Draft comprehensive plan amendment in accordance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, section 163.3184, Florida statutes, and has prepared comments for Council consideration. These comments will be presented to Council at its next regular meeting on September 21, 1990. You are invited to attend the meeting and address the Council if you wish. Enclosed are staff's recommended comments and the agenda for the meeting. Following the meeting, the comments as finally approved by Council will be forwarded to the State Department of Community Affairs for transmittal to your governing body for consideration before final adoption of the amendments. If you would like to discuss the staff report or Council procedures for plan review, please do not hesitate to call me. SinCerel? T7!::l. 1I~t:P Planning Coordinator TLH: lb . -_.~-.....".."\.".....~ '-r.- ,:":. .~ 'i /' . '.1 'r .~ ~ \i l !'iii"i" k~~~,-.j~\'J r~l~ \! ;:':J1J Enclosure \ ,- \'-.;,-=- ''1' '{non , j _\JtJU iPLANNINli Dt.~r'J :\ 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, f10rlckl 34990 phone (407) 221-4060 sc 269-4060 fax (407) 221-4067 " , ...."'..,.~-.,...,.',~-.',."' '~"'" "----'-...:- TREASURE COAST REGIONAL PLANNING COUNCIL Agenda Friday, September 21, 1990 - 9:30 a.m. Howard Johnson's Motor Lodge U.S. Highway One, Stuart 1. Roll Call 2. Agenda 3. Minutes 4. Project Reviews A. ICR Log 5. Regional comprehensive Policy Plan/Local Government Compo Plans A. Consistency of Local Government Comprehensive Plans with the Regional Comprehensive policy Plan B. Adopted Plans 1. City of Fellsmere C. Plan Amendments 1. Adopted a. City of West Palm Beach 2. Draft a. Town of Jupiter b. City of Boynton Beach 6. Plan Review Committee Chairmen's Reports A. Housing B. Transportation 7. Financial Statement 8. Public Comment 9. Staff Comment 10. Chairman's Comments 11. Council Comment 12. Adjournment Note: The Housing Plan Review committee will meet following the regular meeting. It is requested that there be no smoking in the meeting room. TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 5C2B From: Staff Date: September 21, 1990 Council Meeting Subject: Local Government Comprehensive Plan Review - Amendment to the City of Boynton Beach Comprehensive Plan Introduction Pursuant to the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida statutes (FS), the Council must be provided an. opportunity to review and comment on comprehensive plan amendments prior to their adoption. The City of Boynton Beach has submitted a proposed amendment to the state Department of Community Affairs (DCA), which in turn is seeking Council's comments. Council's review of the information provided by the DCA is to focus on the consistency of the proposed amendments with the Regional Comprehensive Policy Plan developed pursuant to Section 186 . 507 , FS. A written report, containing any obj ections, recommendations for modification, and comments (as defined in Chapter 9J-11, Florida Administrative Code) is to be provided to the DCA within 45 calendar days of receipt of the plan, elements or amendments. Backaround On January 10, 1990, the DCA issued a Notice of Intent to find the comprehensive plan for the City of Boynton Beach not in compliance, pursuant to Section 163.3184, FS. As part of this finding, the ADOPTED plan was found to be inconsistent with the Regional Plan. The City of Boynton Beach is considering one draft amend- ment to the Future Land Use Element. The 0.84 acre parcel is located on the northeast corner of Winchester Park Boulevard and West Boynton Beach Boulevard and is shown on the attached maps. The parcel has been proposed for annexation into the City and the proposed land use change is from the County's Commercial High Intensi ty to the Ci ty' s Local Retail Commercial. The amendment is not related to the finding of noncompliance by the DCA. 1 ... .. Evaluation The proposed amendment has been reviewed in accordance with the requirements of Chapter 163, FS; Council's review procedures; and Council's adopted Regional ComprehensLve Policy Plan. The subject property has been proposed for annexation and is currently vacant. The change in land use is necessary in order to incorporate the property onto the Boynton Beach Future Land Use Map. Development on this property is required to connect to the City's central water and sewer lines. Sufficient water treatment capacity will not be available until July 1991,. according to the City of Boynton Beach utilities Department. Development should also comply with the Countywide Traffic Performance Standards to ensure consistency with the Regional Plan. Obiections. Recommendations for Modification. and Comments Future Land Ose Element A. Objection None B. Comment None Recommendation council should adopt the comments outlined above and approve their transmittal to the state Department of Community Affairs in fulfillment of the requirements of Chapter 163, Florida Statutes. Attachments 2 MAP KEY . - -~.- - . ~ ...... ... . RESIDENTIAL -~ . I ., .. ... _.-.. - - - :.. CJ L.OW DENSITY (LOR) ,." MA'X 4.84 D.UJ A'CR-e: -......... -- . --.- ~_..--.---._._.~-.:.~" - .- :.::: .. _M 0 0 ER_~I.e_,,~_~~ S tT.Y .: (~OO R) .__ ..' ,_ _ ' f... ' . ". - ~'...- '; ',MA.X ,~.~6 O.U~I ACRE :.' ...-- -'-~---.'-"-- ...".. ".. ....-.. . ~ ~ MEDIUM .DE~t~LTY . (MeoFO MAX 9.68 D.U./ACRE Ill. .. .-_. _ ;H,lGI:i, OENSLT:V: ~<.HD.8.L". Mt\X 10.'8 D.U.7 A'C-RE" - ... "'---'. -- -. -. - ----. - -.--- :----._~. .... -- -.....-- ,. !. COMMERCI,A,L'~', .4.. .....,.c .___ _.. ._ _._ __. _ . .~ ~ . .>f' -.-- - - . ----- ....- f... '; ~ OFFICE I (OC) ..~, .- ' ......--- -_.- .:.~.. ------ ~ 'LOCAL RETArL (LRC) -, - .. - . - - .' ---- ~ GENERAL (G.C) '--..--.- " -~.-- ~~>~~1 iN'OUSTRIAL- (I) - --- --- .~..:.:- " < OTHE'R " . \ . _0'. _ ,_ . , ... - -- _. - --- -. .. -. . .. . , . , . "\. . ,"- -.- - -- ..._.;-- ~ ' r~il~~' l'AGRrCU~ TURE "'; (A) " ,-.-'.-.--- -. ~-.=.-- ---....--. I - ' ~ ~ RECREATIONAL (R) ~~~,~~ .2U.S L~ & P,RJV A 1:E__..__(I? P.q.l L__" 'GO V ER N MEN:T ALII N STITUTIO'NA l . ..~ ...- ~- ,/ ~~.- ~.- --. ~ _ MIXED USE (MX) . ..-" ( ..-.... ... - - - -- -- -..--- --- --. -- -. 2' -- -- ,-- 1 / v --11 , , -.... IfIIIfJl Fa ,.., ----- I L...., ~ AvE ~ , I I , ,.J / , . I '~' ,~ i , ' 'q: , , Iii'..... , ...;. '::j ._J II . :, '-'--'" -1.. , I . --, IUHOI FIll ..- / - ..",. a: a: x III c.l OLO BOYN1ON ~ p-., aOYNTON: a I I I I '- BlVD ~ a1 f ll.I I > ... c UI V1 ~ lJl U C I.LO ~ a: <.0 a WOOlSAl GHT RD I;.l 2'3 lVE S / I .21 =' . i :. 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Y\I'-:::":::::'::':'::'::':'::':'::'::':'::':":'}' .. . .:..:....:..:....:.......:....:..:. I ~ ::.::::.:::::::::::::::::::::::::::::::::::::::' ",. .. . ..:..:.:..:....:..:..:.:..:.:..:..' .,.::.:.::.:.:.::.:..:.::.:..:.::.:.::.:..:.::,~ l~:.::::.::.::::::':::::::':::::'::::'::::'::::::::'~ ~ :::: ::::::: .. . ..' ...... ' ~::.:.::.::.::::::::::::::::::::::::::::;:::: ;: '31;~11;;~1;~1~:;::1:1~:;::;:~::;:1;:1::;:;~:~; 8it...........::::::::::::::::::::.....:.:::::: ...... ........................ '.' ...... ...:::;::.:.................... ..... ...... ...:.,:::.:::::::::::: ::::: :::::~ . '.' ..:.:,..:.:': ::.:: :.::.: '~ .... .:.:::. -- ~~~ \_ . ..~..'':'''',:L.,,"_ , .~ " ~ ~- - J ~ (. ~ .' .. .' .' . . t' ~. ':: " .' .' .' '~' .' .' .' .' .. . .. - , '. ~~i~~ '~1 ~ 3 .:::.:...... .- .. .. . .- 1(' .........:. . . Mr. Christopher Cutro, AICP Planning Director City of Boynton Beach P. O. Box 310 100 E. Boynton Beach Blvd. ::::~~;~~~:~~;;~;:;;:~:NATlON NOTl~~7~;'~~~}1r /' ',~", . ':':~r'~f;~?~~4L.::,; Th'is letter is to inform you that Palm Beach County has' cbmpletecf':,{ts':.review of the additional information pro~ided by Boynton Beach, dated January'18~cI991 and received by the County on January 18, 1991, for thefo'ur:PrevJQusApproval Determination Notifications. The County has no objection to 'the~determination of these projects as Previous Approval s in accordance with :?ihe'~:1990 O:Traffic Performance Standards Code (Ordinance No. 90-40). The "four>~roJ~ct$~,are as follows' '."''';:.,/,k;?;d~''.:c'.:' . . '." ~",:-_".~"y,~;"!C'.<;J-!-'''1.::'';;~~: .r. " ...:~ ~ '>: ~"';;'::- ~~::.~.~~i#L,':~~r>:~:<'~ - Mall Corner Restaurant, (1.34 acres) 'at the southwesti, 'orn~r: of 01 d Boynton Bou1 evard and Wi nchester Park Bou1 evard, cons1St1ng,~of a 7,000 square foot fami 1 y styl e restaurant .,:<: !~.~yt;(~~~r;:j,; '1 '. ~ ~. ~"~~~'~'~;~;'~'~:;;~~~l:'~;i. . < - Winchester Boulevard Restaurant, (0.84 acres) at the+-northeast corner of West Boynton Beach Boulevard and Winchester ParkBoulevard~consisting of a 4,000 square foot fast food restaurant. ",:::,;:~:\Ji;%;~f~ .,,;i~";-' . ; .,' ""7>ff!:2f:~;":':,~:;..~~':~ .,~ ...~ (-'~~t: ".:' ~ - Knuth Road PCD, (13.87 acres) at the southwest corner\bf.'-:West'Boynton Beach Boulevard and Knuth Road, consisting ofa'120~,OQP,~~Qu~r;e'foot t'l h' t. :,.'i'" """,'" y.'.N'...':..... ~ re a 1 s Oppl ng cen er. '>':';;+;;; , ~i";::<i:,~':':,, '. .' - ',:->.' ::_~,'1;-<~:~ .~;};~:<::g;;~;C"~<,\. - Boynton Beach Boulevard PCD, (14.76 acres) on the south,;1s1de'~ofBoynton Beach Boulevard, consisting of 120,000 square feetof-:3r.ta11~~shopping center. '~'H;~1Jif~ -' ',' .;~.L:~:~';"";~~~:;~L~~~; ,;;t:,< ; , .q f ..' .. " ">> """""',".;--0<,-",,,.- 21 " , r , . " ': "'::"~}'1.~;~~~~~4f1t;:':' , " . "' ;" , ,~ ,)'rPLANNING DEPT. .. An.Equaf Opportunity' Affirmative Action Employer" .:t ",:' _,>;4.,,' BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 <'07) 6a-t-4000; Beaf d 8If:ounty Commissioners Karen T. Marcus, Chair C~:'ore F:ll11ips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty Ken Foster Maude Ford Lee , .,,~. ~ "<." - February 12, 1991 @ p,intf!d on 'f!cyclf!d Pl1ptU , ,','"','~;',.~:"""" ."...." . ;~~ ~:t)~4~~.i~\~c,;~. .; ,.' , ,'~*\"'~Ullt, Administrator ,. " Jan Winters ..:: :"-',~";~"J"': , ';~)S:~~,~ '~;'~l. :~{. . . :;;M~:Xf'''.1''J~fRartment of Engineering ~);;T~1lff~;:)~~~d Public Works ;)ltr~~:i~~~~/ ,." , 1", 1bese approvals are contingent on tbe successful an in tb~ city of Boynton Beacb. . ,.:: . ;SincerelYt '."' .' ~.. .0..... ~~~:'~\ ',' ,':.OFFICE OF lIIE COUKW EKGIKEER ",(',:::~.. <.'?'Y. -~, " ,."c.'" ,~,"_r Qan ~ei sber9 t P. E. ,-. Senior Registered Civil Engineer cc: George 1. ~ebb. p.E., Deputy County Enginee Charles R. ~al"er. Jr., p .E.. Olrector of'"Tra Barbara Alterman, Assistant County At\Orney ~c'. Allan Ennis, p.E., DevelOpment Review.Enginee File: US _ ""n. - lraff\C StudY ~eVie>lS ..:.~ .". . ' ' ~ ,'., . " , < ~~ . , " ..''' ,". , ;. ..~. : ~', . ~'. .;..-, ~ r : l' ..-1" ~ . , .. ,'~ . . t. '; ~. .' ~.' ., >,. " ." . ~ '; ,:,...' '" ~. . -. ".-' .... . ,( '~,"v" " 'm1/lt:'" - '. "~t{ " ; .- "1>.'., . <<;,$." ~F.' ~~Ct ,.f-1!'.; . t:> ~f.._, .' '. ' , .' '. " ';"" , ' / " . . ;~-", ' :" . '".-.(' . --- .:J +/1 _t; to e f " Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 j1r:-. ,IL:1 Golden, ~eniQ:': City Planner City of Eo,~ton Eeac~ 120 E. E,(\"ntc.n ::-~eacJ: 'i:'oulGvard DATE Jnnuarv 31, 1990 PROJECTNAUE 799.subnittals ATT, PROJECT NUUBER WE TRANSMIT: o HEREWITH o UNDER SEPARATE COVER VIA THE FOllOWING: o PRINTS 0 SPECIFICATIONS 0 ADDEN~UU DTRACINGSISEPIAS 0 SUBUlnALS 0 CHANGE ORDER o SHOP DRAWINGS 0 Copy OF LEnER 0 THIS IS TRANSMITTED TO YOU: ACTION CODE: [J FOR APPROVAL 0 FOR REVIEW & COUUENT o FOR YOUR USE 0 AS REouESTED A REVIEWED B NOT REVIEWED C REVIEWED & NOTED o RESUBUIT E 00 NOT AESUBMIT F RESUBMIT FOA FILES NO OF DATE DRAWING DESCRIPTIONIREUARKS ACTIO COPIES OR ITEU NO COOl \1.::" ~~C :9'_'1; r~':{CLL - t' L,lnJ. Use -- . - :,:lnn::,'\ ),on, 3.L,l ',~onirq ., . " ;.~CReEE..i:\ S[~:\. ICl' f'l'i\I :;OlI - Annexa tior, , Land l:-St-~ ~d ~':on i llt; ~J . ':\LL C(lr~~ .;r:~ ( =(I~~~ I~; 7\ l' 1 'J\: ~ r~l ) - i'\nncx:l t ion, L'lnci. L:.:o (, J:ld ::O!l ir1~:.1 . ~();)()sr [) ~::"'lj\IL7(,IL :~(.~I~!.'- l,nnexa ti('n, 1.H] lllL L ~; C' lnLl 20:1 inrr r~v" lr'" """'11 - " 7\'" BL\'D:l~~.;:": 'Iii RS'-M~fm:~i:l ticn, -' . ~~ .' ~ . ... \ - "" \ 1..:..:...1.. ,_! L ~l ELl Use a 1'::5 :~onin<T (; . ; :, I \7~ i,~" T':'Y I..~;r' FLT'. . 'rl~~r.3 rrJ.' Pi\ECJ:L - "\nne~:a t j on :J:-l1\1:..1 Use ,l.nd -Yo n i ;J'J l-.l :(', \! 'I) LY: .-----L 1')'" r I. : !,i '. ~ L -- IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ON COPIES TO WITH ENCLOSURE o o o o o FILE CODE SHOP DRAWING DIV, SIGNED .-- Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite l00A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 January 31. 1990 Mr. Jim Golden. Senior City Planner City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Proposed Rezonings Annexations. Land Use Designations. and Dear Mr. Golden. Attached you will find six applications for a variety of Annexations, Land Use Designations and Rezonings. While each of these parcels have separate and distinct proposals, they share some similarities which are addressed herein. While the Winchester family has some involvement in all of the parcels, the ownership of the parcels varies. In many cases. Mr. and Mrs. Winchester have additional partners in the parcels necessitating that each application be considered separately and distinctly. I make this notation due to our previous discussion regarding "aggregation" and its effect on possible future Development of Regional Impacts. After giving you time to make a preliminary review of these applications, I wil I set up a formal meeting with yourself, myself, and Mr. Michael Schroeder, attorney for the Winchester's and. in fact. appl icant on some of these parcels. At that time. we can review the specific language of State Ordinances regarding "aggregation" and make a determination as to whether this section of the Ordinance applies to any or al I of these properties. Additionally. I have submitted site plans and Site Plan Review data sheets for al I of the projects except the large annexation {Mal I South>. We are not requesting site plan approval for any at the projectsat this time. However. due to the special regulations required tor some of the uses and our desire to indic3te intensity of the proposed use lwhich relates to the traffic study submitted as part of the rezoning requests>. we believed this information was necessary tor zoning purposes. Separate applications for site plan approval wil I be made at a later date. 11r. Jim Golden .January 31. 1990 Page 2 Addressing the specific requests before you. the fol lowing should supplement the applications: t. Mal I South Parcel - This 49 acre parcel of property is only seeking Annexation, Land Use Designation. and Zoning consistent with the adopted Comprehensive Plan of Boynton Beach. There are no development plans tor this parcel at this time. In the past. there has been discussion whether development of this site will constitute a Development of Regional Impact. That determination cannot be made until the petitioner develops specific plans for future construction on this site. There are no plans at this time. The application clearly indicates that the site will require ultimate rezoning to Planned Commercial Development at which time the Development of Regional Impact thresholds can be assessed. This Annexation. Land Use Designation and Zoning is identical to the rezoning of 450 acres of Foundation property which occurred approximately two years ago in Palm Beach County. At that time, Palm Beach County designated this 450 acres as IL-Light Industrial Zoning. The undestanding at that time was that future development of the site would require submittal of a Special Exception for a Planned Industrial Development or further rezoning to a Planned Industrial Park Development Zoning District. For that reason, this parcel was not deemed a Development of Regional Impact at that time. The property is currently zoned in accordance with the Land Use Plan although stil I vacant. A determination of Development of Regional Impact thresholds will occur at such time as this property actually makes plans for development. 2. Proposed Service Station This application includes Annexation. Land Use Designation. and Rezoning. In our past conversations. references were made to special language contained within the Comprehensive Plan regarding the property south of the Boynton Mall (Area 7f). I have carefully read this section. It includes the fol lowing verbiage, tt. ..particular requirements of the City should be that these parcels be annexed prior to development. that parcels be developed as planned zoning districts...tt. This statement raises the question as to whether al I parcels must be zoned and developed as Planned Commercial Developments. As you are aware. the Planned Commercial Development Zoning District requires a minimum of three acres. Three of the applications within this area do not meet this requirement. Therefore, the Planned Commercial Mr. Jim Golden January 31. 1990 Page 3 Development Zoning District could not apply to these sites. 1 would note the critical word in this statement is "should" as opposed to "shall". I do not believe that any text amendment is necessary to accommodate the rezoning of these parcels to C-3. In fact, the City's Code requires specific site plan approvals tor any development occuring in these commercial districts and, in fact, the goals and intent of the Planned Commercial District wil I be achieved through those reviews. The proposed use of a Service Station is a permitted use within the G-3 Zoning District. However. due to the fact that there are special regulations, a site plan has been submitted with this application. 3. Mall Corner <Restaurant) The issues discussed above regarding the Service Station apply also to this parcel. This parcel is less than three acres in size negating its ability to be rezoned to a Planned Commercial Development. Therefore, the petitioner is requesting the Commercial C-3 Zoning which would allow the establishment of a Restaurant on the site. A Restaurant is a permitted use within this zoning district. However. for the establishment of the specific intensity, a site plan has been submitted along with additional site development information. 4. Proposed Retail/Oil Lube Site (Boynton Beach Boulevard and Winchester Park Boulevard) - This application is somewhat unusual in that a portion of the site is already located within the municipal boundaries of the City of Boynton Beach. In this case. that property is already zoned Commercial C-3. The petitioner wil I be rezoning the balance of the site to C-3 to make the zoning'consistent throughout the entire parcel. The Boynton Beach Zoning Code does not address uses such as a Quick Oil Change facility. Clearly, this facility does not meet the definition in the Zoning Code for Major Auto Repair. Therefore. it is assumed that it is a permitted use ~as are Service Stations) in the C-3 Zoning District. I wil I be happy to discuss this matter with you more tully. 5. Boynton Beach Boulevard/Knuth Road Site - This parcel. in addition to an Annexation request, wil I require an amendment to the Boynton Beach Comprehensive Plan to change the existing Land Use Designation. The petitioner is requesting a designation of Local Retail Commercial. This property is currently designated as Loca I Ratai I Commercial. in part, and 110derate Density. , . 11r. Jim Golden January 31. 199\j Page 4 in part. The petitioner is requesting that the entire parcel be designated as Local Retail Commercial. Within Palm Beach County the property is designated Commercial (High lntensity)~ in part. and Commercial Recreation in pa r t . Additionally, because this property does exceed three acres, the petitioner is requesting Rezoning of the property to the Planned Commercial Development Zoning District. Again, a site plan has been submitted for the purpose of designating the proposed land use intensity consistent with the traffic study which accompanies the application. Final plans for site plan review will take place at a later date. b. University of Florida Trust This parcel is similar to the Knuth Road parcel in that a Land Use Amendment to the Comprehensive Plan will be required. Both the Boynton Beach and the Palm Beach County' Comprehensive Plans designate this property as High-Density Residential. The petitioner is requesting that a designation of Local Retail Commercial be established for the site in its entirety. Again, this property is of sufficient size to al Iowa request for the Planned Commercial Development Zoning District. While al I of the attached specific. I believe this cover to assist you in their review. applications are complete and letter helps provide a summary My clients are concerned that these applications move forward in an organized and consistent effort. Therefore. Mr. Winchester, Mr. Schroeder. and/or myself will be available at any time should you have any questions regarding these matters. As previously indicated, I wi II contact your office shortly to arrange a meeting between yourself and my clients to review these applications and answer any questions. Howeve r. I be I i eve you need adequa te time to ma ke your own preliminary review prior to us getting together. As indicated in your Comprehensive Plan. al I of these parcels of property belong within the jurisdication of the City of Boynton Beach. We anticipate that these properties wil I make a significant contribution to the tax base of the City helping to relieve some of the burden on the residents. Thank you very much tor your assistance in this matter to 1"11'. Jim Golden January 31, 1990 Page 5 date. future. looking forward am Sincerely. KJK/Isk c.c. Gene Moore Bill Winchester Michael Schroeder Fi Ie to working with you in the .---- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, May 8, 1990, at City Hall, Commission Chambers, 100 E. Boynton Beach Blvd. Boynton Beach, Florida, to consider a request for ANNEXATION, LAND USE AMENDMENT AND REZONING covering the parcel of land described as follows: Legal Description: Parcel B A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19. Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the PUblic Records of Palm Beach County, Florida and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat No.8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commencing at the Northeast corner of Section 30, Township, 45 South, Range 43 East~ thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a point, said point being the point of beginning~ thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right of way line of Boynton B^ach Blvd.~ thence with a bearing of S 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet: thence ~ 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a bearing of N 01018'43" W, along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point: thence with a curve to the right having a radius of 2193.99 feet, a central angle of 0039'11", and an arc length of 25.01 feet to a point~ thence with a bearing of N 87032'47" E, along a line lying 25.00 feet North of and parallel with the South line of Section 19, a distance of 193.80 feet: thence with a bearing of S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. 1 7'.,., '.-... Containing 1.06 acres (46,412 sq. it.) more or less and sub- ject to easements and rights of way of record. Parcel C A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat of SUbdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the PUblic Records of Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Southeast corner of Section 19, Township 45 South, Range 43 East: thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right of way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 927.68 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a curve to the right along the East right of way line of Winchester Park Blvd. with a chord bearing of North 00007'08" East, a radius of 2193.99 feet, a central angle of 03004'56", and an arc length of 109.59 feet to a point: said point being the point of beginning: thence continue along the aforementioned curve having a chord bearing of North 03008'08" East, a radius of 2193.99 feet, a central angle of 03010'18" and an arc length of 121.45 feet: thence North 83016'46" East, a distance ox: 269.64 feet: thence South 02027'13" East, a distance of 41.60 feet: thence South 68003'48" West, a distance of 297.76 feet: more or less to the point of beginning. Containing 0.51 acres (22,037 sq. ft.) more or less and sub- ject to easements and rights of way of record. WWZS Parcel A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tract 44 of the Plat ox: Subdivision of Section 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida and a portion of that part of the 25' road right-of- way for Palm Beach Farms Company Plat ~o. 8, as recorded in Quit Claim Deed 4759, Page 1369, and a portion of Tracts A & B, Block 3 of Palm Beach Farms Company Plat No.8 of Section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Commencing at the Northeast corner of Section 30, Township 45 South, Range 43 East; thence with a bearing of South 87032'47" West, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue: thence continue along the aforemen- tioned course extended a distance of 733.74 feet to a 2 point, said point being the point of beginning: thence with a bearing of S 01018'43" E, along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described Plat of Palm Beach Farms Company Plat No.8, a distance of 216.04 feet to a point on the North right of way line of Boynton Beach Blvd.: thence with a bearing of 87032'47" W, along the North right of way line of Boynton Beach Blvd., a distance of 168.43 feet: thence N 46052'58" W, a distance of 35.71 feet to a point on the East right of way line of Winchester Park Blvd.: thence with a bearing of N 01018'43" W. along the Easterly right of way line of Winchester Park Blvd., a distance of 190.54 feet to a point: thence with a curve to the right having a radius of 2193.99 feet, a central angle of 06003'33", and an arc length of 231.04 feet to a point: thence N 83016'46" E, a distance of 269.64 feet: thence S 02027'13" E, a distance of 225.38 feet to a point on a line lying 25.00 feet North of and parallel with the South line of Section 19 thence with a bearing of S 87032'47" W, a distance of 91.20 feet: thence S 01018'43" E, a distance of 25.00 feet more or less to the point of beginning. Containing 2.44 acres more or less, and subject to easements and rights of way of record. APPLICANT/ OWNER: Winchester, Winchester, Zeiher & Schroeder A Florida General Partnership c/o Michael A. Schroeder, Esquire AGENT: Kieran J. Kilday & Associates PROJECT NAME: Retail/Oil Lube PROPOSED USE: Oil Change facility and Local Retail LOCATION: Northeast corner of Boynton Beach Blvd. & Winchester Blvd. REQUEST: REZONE from AR-Agricultural Residential in part / C-3 (City of Boynton Beach) in part to C-3 entirely. LAND USE AMENDMENT from CH/8 (County) & LRC-Loca1 Retail (City of Boynton Beach) to Commercial/Local Retail ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on May 15, 1990, at 6:00 P.M. at City Hall, Commission Chambers, or as soon thereafter as the agenda permits. 3 c- . All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK PUBLISH: THE POST April 22, 1990 & April 29, 1990 cc: City Commission City Manager City Attorney City Planner slbjWINC.Z.S.2 ,1 --_._'---'--~------ TRAFFIC IMPACT ANALYSIS w W Z & S BOYNTON BEACH BOULEVARD PALM BEACH COUNTY, FLORIDA JANUARY 29, 1990 (Revised April 2, 1990) Prepared By: K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard, Suite F West Palm Beach, FL 33406 (407) 964-7300 ( FAX ) 9 6 9 - 9 7 1 7 In;!? ,/"5f111 qO ~ Iff/ /f LIST OF FIGURES FIGURE 1 LOCATION MAP FIGURE 2 EXISTING ROADWAY CONDITIONS FIGURE 3 DISTRIBUTED TRAFFIC FIGURE 4 TOTAL TRAFFIC FIGURE 5 P.M. PEAK HOUR VOLUMES LIST OF APPENDICES APPENDIX A CAPACITY AT LEVEL OF SERVICE "D" THRESHOLD VOLUMES APPENDIX B THRESHOLD VOLUMES FOR SIGNIFICANT PROJECT APPENDIX C HISTORICAL GROWTH CALCULATIONS APPENDIX D MAJOR PROJECT TRAFFIC APPENDIX E INTERSECTION ANALYSES ;LNTROPUCT10~ This office has been retained to prepare a revised Traffic Im~act Analysis addressing the traffic impact of proposed revi- sions to a petition for annexation, land use change, zoning change and site plan approval for a parcel of land located on the northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard, in Section 30, Township 45 South, Range 42 Ea;;t, in the unincorporated area of Palm Beach County, Florida. It is proposed to annex this parcel of land into the City of Boynton Beach, Florida. This Analysis has been performed in order to determine the volume of traffic expected to be added to the roadway system as a resul t of the approval of this project, the effect that this traffic will have on the capacity of the roadways in the area of the project and what roadway improvements, if any, are necessary as a result of the approval of this project. This Analysis has also been performed in accordance with both the standards and criteria as established in the Zoning Code of the City of Boynton Beach and the technical requirements of the Palm Beach County Traffi~ P~rformance Standards Ordinance #87-18. Existing traffic counts, which were available from the Metropolitan Planning Organization and the Palm Beach County Traffic Division were used, when applicable, and these counts were augmented by twenty-four (24) hour machine counts and peak hour hand counts performed for this office. SITE INFORMATION A petition was filed in January, 1990 for a 2.7 acre parcel to allow a mixed use commercial center. It was originally proposed to construct a 20,000 square fcot retail buildin9 and a 1,820 square foot three bay oil change facility. The land owner has decided to delete area from this petition and change the proposed land use. It is now proposed to construct a 4,0)0 square foot fast food restaurant on a 0.83 acre parcel of land. According to the site plan, as prepared by Kilday & Associates, the 4,000 square foot fast food restaurant will have one drive-up window and 40 parking spaces will be provided. The site plan also reflects that this project will have two points of access. There will be one driveway onto Boynton Beach Boulevard and Winchester Park Boulevard. The site is located in relation to the major roadways as shown in Fig~re 1. EXISTING ROADWAY CONDITIONS The major roadway providing direct access to the site is Boynton Beach Boulevard. Although this site does access directly onto Winchester Park Boulevard, for the purposes of this Report, Winchester Park Boulev~~d is- net defined as a major roadway. Winchester Park Boulevard is a four lane divided roadway of 1 imi ted 1 ength between Boynton Beach Boul evard and 01 d Boynton Road and primarily serves as access to the Boynton Mall and as access to property fronting the road. Boynton Beach Boulevard, in the immediate area of the project, exists as a six lane roadway. The Florida Department of Transportation (FDOT) has plans to widen the section of Boynton Beach Boulevard from one half mile west of Florida's Turnpike to Military Trail to a four lane divided road. According to the most recent FDOT Work Schedule, this roadway construction will commence in the fourth quarter of 1990. In addition, FDOT has plans to construct an interchange at F lor ida's Turnpike with Boynton Beach Boul evard. The construc- tion of the interchange is scheduled to commence in the Spring of 1990. -2- .'L1Ak' .,'ttOO_...1ttC1 )""0 II ~ S6-1 w > < o Z N N ~ Z k, s. rogers, consulting engineer, inc. west palm beach, f1, " -= 3^V avo~ llV~l o > ..J :xl o -:: o a: :r: (.) < w CD ~~1 a~ llV~ a~ HlnN)l z o ..... z >- o CD o ..J o z o ..... z >- o CD w w > > < < :I: ..... 10 o a: C? N ~ (/') w {/) SS3~~NO::> 3::>N3~M'lIl ^~V 1111~ LOCA TION MAP date JAN 90 figure 1 o Ol Ol N ..J a: ll. < o w (/') > w a: There are several other roadway improvements in the project study area which will affect this project's status with the Tra f f ic PerformancE Standa.rds Ordine-nce. A summary of these improvements is presented below: Military TraJJ-.l. A. Boynton Beach Boul evard to Hypol uxo Road wi 11 be con- structed as a six lane roadway by Palm Beach County with con- struction anticipated to commence by the middle of March of this year. The contrac~ for construction is in the process of being let. As construction of this section Military Trail is expected to commence pI ior to the approva 1 for this project, this Report will assume that Military Trail has been constructed. B. Steiner Road and Boynton Beach Boulevard, according to the County's Five Year Road Plan, will be widened from four to six lanes in fiscal year 1391-92. Old Boynton Road: A. Knuth Road to Military Trail, is scheduled to be widened to a five (5) lane roadway by Palm Beach County in fiscal year 1991-92. Conqress Avenue: A. Miner Road to N.W. 22nd Avenue is scheduled to be wid- ened dur ing 1990 to a six (6) lane divided roadway by the de- veloper of ThA Shops of Boynton. B. N.W. 22nd Avenue to Boynton Beach Boulevard is also scheduled to be widened to a six (6) lane roadway by the develop- er of Palm Isle PUD. This widening is expected to commence during 1991. The existing roadway average annual daily volumes and the roadway capacities are shown in Figure 2. TRIP GENERATION The trip generation rate for this proposed project was determined based upon information published in "Trip Generation - Fourth Edition", Institute of Transportation Engineers, 1987, -3- IIIf\I....' 1II1'''OOIll''I'MtC. J,~'4D 11 ~ o > .J m S6-1 coo 00 COO 010 C\I(') COIO 00 COO 010 C\I(') 3^V ~Ig ~L (')0 _ :: ~ en ",,3 z O~ 11V.... o _.-I r--"'-: - It) 0 ;: O~ H.lnN)4 (')0 0 ;g en ~Ig (') (')- -(') -- W > < o z (\I C\I OVO~ W > < w > < J: I- It) .... o a: (') (\I J: o < UJ m 00 1'-0 ....~ 1t)(D (\I~ w c/) ~ c/) ~o (')0 (D~ I'-(D ~ SS31:H)NOO It) I 0 (')0 (D~ I'-(D C\I~ 30N3~M V1 or w (\10 ~ ~~ ~<O 0::;) --' 0 C\J,~ tto ~ -' <> 0 a: 0 z I- O. 01 -'0 01 11Vl:l.l Al:lV .l111~ C) o. z 0 zJ:c/) N 0 z j:c/)o -' I- W c/)w-, z 0 _a: a: >- XJ:I- a.. 0 W WI-< < ...J en 0 (')10 W c/) coo > (')- -(') W -- a: k.s. rogers, consulting engineer, inc, west palm beach, fl. date JAN 90 figure 2 EXISTING ROAD CONDITIONS The generation rate for this proposed project was determined to be 632.1 tri~s per day per 1,000 square feet. Thus, the total average daily generati,::m for this 4,000 square foot fast food restaurant is calculated to be: 4,000 sf x 632.1 tpd/lOOO sf = 2,528 tpd As shown above, on an average weekday, the project will generate approximately 2,528 vehicle trips at the project's driveways. It should be noted that Article VI, Section 2 B(7) of Ordinance #87-18 recognizes that not all traffic generated by certain land uses is additional traffic on the adjacent roadway network. The Ordinance does allow for the consideration of pass-by or captured traff ic. Restaurants are one of the land uses for which pass-by traff ic can be considered. According to the recently adopted Palm Beach County Road Impact Fee Ordinance, #89-19, the pass-by rate for a fast food restaurant use is 30%. Thus, the external traffic is recalculated to be: EXTERNAL TRIPS (TPD) USE TOTAL GENERATION (TPD) CAPTURED TRIPS (TPD) FAST FOOD REST. 2528 tpd 758 tpd 1770 tpd As shown above, accounting for captured traffic, the project will generate approximately 1,770 external trips per day at buildout and full occupancy. TRAFFIC DISTRIBUTION AND ASSIGNMENT The traffic distribution used in the preparation Anal ysis was prepared according to an examination of patterns and travel patterns in the project study area. of this land use -4- Based upon the preceeding, the traffic distribution for this project was determined and is shown below: NORTH 27% EAST 32% SOUTH 21% WEST 20% The distributed traffic volumes for this project are shown in Figure 3. In accordance with the Traffic Performance Stand- ards Ordinance, the distributed traffic was brought five miles from the site, or until the project generated less than 1% of the capacity of the roadway (Insignificant Volume). EFFECT ON CAPACITY The Palm Beach County Traffic Performance Standards Ordi- nance delineates very specific criteria which must be met prior to any Rezoning or Special Except ion Request being approved. Petitions are classified as being either a "Significant Project" or "Insignificant Project" according to the project impact on roadway links and the capacity of the impacted roadway links. A "Significant Project" is defined by Ordinance #87-18 as a project which generates more than one percent (1%) of the thresh- old volume at Level of Service "D" on any link within the project's radius of development influence. The threshold volumes for "Significant Projects" are shown in APPENDIX B. For a two 1 ane road I the threshold vol ume for a signif icant impact is 131 trips per day, 300 trips per day for a four lane divided roadway and/or five lane undivided roadway, and 464 trips per day for a six lane divided roadway. Reviewing the project volumes in Figure 3 with the threshold volumes in APPENDIX B, it is seen that this project creates a Significant impact on the following roadway links: -5- 0 :I: a: ~ e') !O N 0 < 0 a: tr- *r- 0(') ... ... <Oe') (')... * :I: <010 * 0 * * <00 <010 < "'I~ ~ !Olo (\1(') <00 w 0<0 <00 W (\1(') CO e')~ en (\Ie') en 3^V *' ~L~ SS3~H)NO::> <010 ~I~ 00 ....<0 w ...(') Ol~ > < ~IO a~<Oldlvw <OI~ (\10 ...0 ....<0 ...(') (')e') ~~ 01::1 Hl.nN)l M\.I&...' ....oa.....M:S )' 1"0 II S6-1 o avo~ Z (\I (\I ~ z k.s. rogers, consulting engineer, inc. west palm beach, fl. lIV~J. ... .... o > ...J co *" Ol\.... <0(') ... * Ol\.... <0(') .... * ~I.... (\Ie') .... ... Z o ~ Z >- o lD *1.... Ol(') <0.... o ...J o Z o ~ Z >- o lD w > < w > < *' (\II~ ~<O ~~ 3:JN3~MVl * 101~ 10<0 N~ ^~V 111lW DISTRIBUTED TRAFFIC ---~-- .- --.-.-.--.---.-.----..---------- o Ol Ol ... N :::! a: 0.. < o w en > w a: 0: o u..~~ 00 ~<< ~Q.Q. ~:J~~ u..-I-- u..O~~ <>zZ 0:0<< ~...JOO ~ou::u: C O:I:-- Z wenZZ -,wClC) W 0a:u;U; (!) a::I: Z W 0..1-<- -I OliO 010 ....(') * date JAN 90 figure 3 TABLE 1 SIGNIFICANT IMPACT ROAD LINK BOYNTON BEACH BOULEVARD WINCHESTER PARK BLVD. Congress Avenue - Knuth Road Boynton Beach Blvd. - Old Boynton Rd. It is concluded that this project is classified as a "Sig- nif icant Project ,. according to Ordinance #87-18. The Traffic Performance Standards Ordinance requires that for any roadway link upon which the project creates a significant impact, the total traffic on that roadway link be analyzed dur i ng the bui Idout per iod for the project. According to the Petitioner, this project coulj be built and occupied during 1993. Thus, a buildout year of 1993 has been estahlished and this analysis will use 1993 as a basis for its calculations. The total traffic is defined as the sum of the existing average, annual daily traffic, the project traffic plus the background traffic. The background traffic is further defined as the sum of the historical growth plus traffic generated by major projects which are in excess of 10% of the capaci ty of the af- [cCL-eel roadway link. The total traffic volumE:., 0.18 shown in Figure 4. The 1993 projected traffic has been determined by taking the sum of the existing 1989 MDT, plus the projected historical growth, plus the traffic generated for major projects which are in excess of 10% of the roadway's link capacity. The historical growth calculations are shown in APPENDIX C. The major project traffic volume calculations are shown in APPENDIX D. A review of the available information revealed that none of the major projects identified would generate more than 10% of the capaci ty of a road 1 ink upon which this proposed project would create a significant impact within the buildout period. -6- _'LIARf .'''.OO_&.-...c' ""'0 J1. 96-1 3^V W > <( o Z N N ~ z lIV~J. k, s. rogers, consulting engineer, inc. west palm beach, fl. ... .... Il)CO~('I) ('I)~ Il) ~('I) . . ~Il) I aVO~ o > ...J m o <( o a: I w~ ..... ... ....... - ............ en :,:;] a~ llVr-I a~ HJ.nN>I z o .... z >- o m o ...J o :1: o <( W m 1l).~('I) ('I).... ~ <0(1) .... .... co N ('I) Il)CO~"" ('I).... ~ <0. N .... <0 N ('I) 30N3~MVl z o .... z >- o m w > < w > < :r .... Il) o a: ('I) N ;: en w en SS3~~NOO ^~~ l111r-1 TOT AL TRAFFIC o u. u. 00< u:u:a: u.u.....o <<oU: a:a:zu. ........:::l< Cl....Oa: zoa:.... o j::wCl...J Z en"~< W -00.... o xa: < 0 W Wa.m.... ...J 1l)I'.<o ('1)<000 1OI'~1O I' ex) 10 N ('I) date JAN 90 figure 4 o (I) (l) N ...J a: a. <( o W en > W a: The total traffic volumes for the buildout year of 1993 are shown with the roadway capaci.ties in Figure 4. Reviewing the total volumes and the roadway capacities in Figure 4, it is seen that on th(~ roadway 1 inks upon which this project creates a significant impact, the total traffic does not exceed capacity, Therefore, this Petition meets the link test. PEAK HOUR The sE:cond test that a "Significant Project" must meet is the Intersection Test. This test requires that all major inter- sections within the radius of development influence be analyzed thro'lgh which the project generates 10% or more of the total traffic on any link of the intersection. Reviewing the volumes in Figure 4, it is seen that this project does not generate more than 10% of the total traffic on any of the roadway links in the project study area. Therefore, this petition meets the Intersection Test. In addition, the Ordinance requires that peak hour turning movements shall be analyzed where the project's traffic meets the directly accessed links. The peak hour volumes generated by this project were calculated in order to determine what site related improvements, if any, will be required. The peak hour generation rates for each use were determined to be a percentage of the average dai 1 y traff ic. For the pur- poses of this Report, only the P.M. volumes will be analyzed. YSE FAST FOOD % OF ADT PEAK HOUR VOLUME IN OUT 0.067 (2528) = 169 86 83 -7- The P.M. peak hour volumes at the project entrances are shown in Figure 5. Also shown in Figure 5 are th~~ project vol-, urnes at the intersection of Knuth Road and Boynton Beach Boule- vard. A review and an analysis of the volumes shown in Figure 5 were performed based upon the procedures in "Interim Materials on Highway Capacity", Transportation Research Circular Number 212 I Ja nuary 1980 and the 1985 Highway Capaci ty Manua I . From these analyses, shown in APPENDIX E, no additional roadway improvements have been found to be necessary as a resul t of this project's traffic. CONCLUSION This proposed fast food restaurant is expected to generate an average of 1,770 additional trips per day on the area's road- way system at complete occupancy and buildout. This project is classified as being a "Significant Project" as defined by the existing County Traffic Performance Standards Ordinance. As this project meets both the Link Test and the Intersection Test, it is concluded that this project can be approved in accordance with the Palm Beach County Traffic Per- formance Standards Ordinance #87-18. -8- Rtl.1Aa.1 ..PIIOOII....-cI ~t2..D 0 a: < > W -J ::) 0 G:I X 0 < W G:I '"" r--------~ I .,1 ]1 I u ~ H ~""'I I w I !:: I rn ~ '"" (\I .(\1 I ,... :~ .... (\I o~ ,... L ) -(9&)9& 1lJ 0 OYOti l1Y.., (OO~)9~-"" ~ t U-o U-_ (LL H~-. <U- '"" '"" a:U- 1t)(IJ alt') ....< . o a: T" u::~.... .......... C?o u-........ (\I <00 0 a:ww Z ....~~ W ....00 C) oa:a: w~~ W Ot') Z ..J 0 a:al+ I- ~~ Z 0 > 0 al CD'"" al G:I (OlIO ~ C? (\I" T" ..... ..J a: ~ 11 < ).. 0 w en > w a: k. s. rogers, consulting date engineer, inc. PEAK HOUR VOLUMES JAN 90 west palm beach, fl. figure 5 ~ APPENDIX APPENDIX A THRESHOLD VOLUMES LEVEL OF SERVICE "Dot (AVERAGE DAILY TRAFFIC) ROADWAY TPll Two Lane 13, 100 Four Lane Undivided 27,80::: Four Lane Divided 30,000 Five Lane Undivided 30,000 Six Lane Divided 46,400 Eight Lane Divided 60,000 Six Lane Freeway 95,000 APPENDIX "B" THRESHOLD VOLUMES FOR SIGNIFICANT IMPACT THOROUGHFARE TYPE MINIMUM VOLUME (TRIPS PER DAY) Two lane 131 Four lane (Divided) 300 Five lane (Undivided) 300 Six lane (Divided) 464 Eight lane (Divided) 600 Six lane (Expressway) 950 APPENDIX C HISTORICAL GROWTH CALCULATIONS W H Z & S BOYNTON BEACH BOULEVARD HISTORICAL EXISTING GROWTH 1989 1990 1991 1992 1993 ROAD/LINK RAT~ MDT MDl' MDT MQ'I MDT BOYNTON BEACH BLVD: Congress - Knuth 6.7% 27365 29198 31155 33242 35469 Knuth - Lawrence Rd. 6.7% 27365 29198 31155 33242 35469 Lawrence - Military 6.7% 24420 26056 27802 29665 31652 WINCHESTER PARK BLVD: Bytn.Bch.B.-Old Bytn* 4135 5135 ~NOTE: No historical growth data is available. Assume 1000 trip per day increase. APPENDIX D MAJOR PROJECT TRAFFIC w w Z & S A. The following Major Projects have been identified as having an impact in the project study area: BOYNTON BEACH MALL MOTOROLA QUANTUM PARK MELEAR PUD COUNTRY CLUB TRAIL PALM ISLES PUD SUN VALLEY PUD B. None of the above Major Projects were idenitified as creating more than 10% of the capacity on the roadways upon which the W W Z & S project created a significant impact. APPENDIX E TRANSPORTATION RESEARCH CENTER CRITICAL MOVEMENT ANALYSIS BOYNTON BEACH BLVD & MALL ROAD DATE 1993 PM ********************************** LEVEL OF SERVICE A SATURATION 50 CRITICAL N/S VOL 102 CRITICAL E/W VOL 749 CRITICAL SUM 851 ************************************* LANE NORTHBOUND MOV WIDTH LANE GEOMETRY SOUTHBOUND EASTBOUND MOV WIDTH MOV WIDTH WESTBOUND MOV WIDTH 1 2 3 4 5 6 . . . . R. . L. . L. . 12.0 12.0 12.0 T.. T. . T.. L. . 12.0 12.0 12.0 12.0 RT. T. . T. . 12.0 12.0 12.0 . . . NORTHBOUND TRAFFIC VOLUMES SOUTHBOUND EASTBOUND WESTBOUND LEFT THRU RIGHT o o o 200 o 77 95 1436 o o 1528 248 NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND TRUCKS (%) 5 5 5 5 LOCAL BUSES (#/HR) o o o o PEAK HOUR FACTOR .9 .9 .9 .9 PHASING N/S :5. E/W : 1. PEDESTRIAN ACTIVITY : CYCLE LENGTH DIRECTION SEPERATION NEITHER TURN PROTECTED 1. 0 - 99 (#PEDS/HR) 90 SECONDS CRITICAL LANE VOLUMES BY MOVEMENT 'HRU -RIGHT LEFT NORTHBOUND o o SOUTHBOUND o 102 EASTBOUND 614 105 WESTBOUND 749 o LEFT TURN CHECK NPUT VOLUME ..DJUSTED VOL CAPACITY MOVEMENT NORTHBOUND o o o N/A SOUTHBOUND 200 195 o N/A EASTBOUND 95 105 o NO WESTBOUND o o 135 OK ~.f., .. " > "'; " . ~ /' ~ . /01-<.:C!.t.",~,1 /~yP~ #-./ '." '/ '7 ' ' , r ' li ~/,jJr)\I.(;U r" ~;t-:>, ' ,I..,.;J".,., " ., .' . , " , . BOYNTON BEACH PLANNING DEPARTMENT ANNEXATION APPLICATION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the , Planning Department. (2 copies of applicat~on required) " PROJECT NAME: . :. ~~ ~' AGENT'S NAME: Kieran J Kilday/Kilday & Associates ADDRESS: 155l Forum Place 100A West PalmBeach,FL 33401 PHONE: (407) 689-5522 " OWNER'S NAME: winchester, Winchester, Zeiher & Schroeder a Florida:, " (or trustee's) General Partnership' :.','.'1 ADDRESS: c/o Michael A. Schroeder, Esq. One Lincoln Place" ste~3,Oj 1900 Glades Road, Boca Raton, FL. 33431 .',. . ,.- . . . ...' .,.. ',j. PHONE: 407-833-5605 ..' . PROJECT LOCATION: Northeast Corner of Boynton Beach Blvd. and (not legal description) W~nchester\BLvd. ...... CORRESPONDENCE ADDRESS:* (if different than agent or owner) ,~ j:.,:, . ". ~.. . . ~ . ; . . '." * This is the address to which all agendas, letters and other materials will be forwarded. . .. ,.',.' ;" . .":. . ,". -1- , .