APPLICATION
MEMORANDUM
TO:
Sue Kruse, City Clerk
FROM:
pe
Michael Rumpf, Senior Planner
DATE:
April 3, 1993
SUBJECT:
Loos Property - Applications for Annexation, Land Use
Amendment/Rezoning, and Text Amendment
Attached please find one copy of the above referenced applications,
including the corresponding list of property owners, that I am
forwarding to you for your records. In addition, I have enclosed
the rezoning notice to be used for property owner notifications and
newspaper advertisements. Please note that since this constitutes
a large-scale land use amendment, ordinances will not be adopted
until after review by the Florida Department of Community Affairs.
These applications are being processed for the public hearing
before the Planning and Development Board on June 8, 1993 and for
the City Commission meeting on June 15, 1993 (public hearing for
transmittal). Let me know if there is a problem with these dates
and I will revise the notice accordingly.
Lastly, there is no indication of payment of application fees as
the applicant is currently requesting a waiver from said fees.
cc: Joyce Costello,
Administrative Assistant
Attachments
A:LOOSLUAZ.SUI!
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
COMPREHENSIVE PLAN - TEXT AMENDMENT APPLICATION
This application must be filled out completely and accurately and
submitted in two (2) copies to the Planning Department.
Incomplete applications will not be processed.
Please Print Legibly or Type all Information.
I. GENERAL INFORMATION
1. Applicant's Name (Person or business entity in whose
name this application is made):
Mr Tonn ~ (T~rk) Tnn~
Address:
888 S.E. 3rd Avenue Suite 201
305-525-5222
33316
(Zip Code)
305-525-5244
FAX:
Fort Lauderdale, Florida
Phone:
2. Agent's Name (person, if any, representing applicant):
Kieran 1 Kilday/Kilday ~ l~~Q~igta~
Address:
1551 Forum Place
Building 100
West Palm Beach, Florida
33401
(Zip Code)
FAX: 407-689-2592
Phone:
407-689-5522
3. Correspondence Address (if different than applicant or
agent):*
same as agent
(Zip Code)
Phone:
FAX:
* This is the address to which all agendas, letters,
and other materials will be mailed.
II. PROPOSED AMENDMENT. The undersigned hereby petitions the
Planning and Zoning Board and City Commission of the City of
Boynton Beach, Florida, to amend the text of the Comprehen-
sive Plan for the reasons stated below:
1. Section, page number, and exact language contained in
the Comprehensive Plan which the applicant desires to be
amended:
Section VIII, Land Use Problems and Opportunities, Page 93, currently states:
B.d. Un~ncorDorated Parcels South 0f Silverlake Estates
These parcels should be annexed and placed in the Low Density
Residential land use category. Development of these properties
should generally be limited to single-family detached dwellings,
so as to be compatible with the one-story condominiums which lie
to the south and the Single-family subdivision lying to the
north.
PLANNING DEPARTMENT - JANUARY 1991
A: TxtAfnend
( 2 )
2.
Nature of Amendment requested:
8.d. refers to three
parcels: Parcel 504 (+18 acres). Parcel 502 (+9.4 acres) and PRrcel ~O~
(5 acres). We are requesting annexation of Parcel 504 only. ~nn we no not
represent the other parcels. On Parcel 504 we plan to reqllP!'lr ::I T.::Inn TT!'lP
designation of MoDR (moderate density). Thereforp R n nppn!'l rn ho ~monnon
to indicate that Parcel 504 should he ::Innexpn ::Inn pl::1~pn ;n rho MnQor~to
Density Residential cate~ory. instead of Low npn!'l;ry R.,<dnpnr;i~l
3. Properties or persons that would be affected by proposed
amendment:
Only the owner of Parcel 504 will be affected by this Land Use Text Amend-
ment since 8.d. was specific to three parcels and the text change is being
requested only for the one parcel.
4. Statement of conditions, hardships, or other reasons
justifying the proposed amendment:
Parcel 504 is abutted by high density property (maximum 10.8 d.u./ac.) on the
east and southwest and by commercial property to the south. We abut lower
density land (maximum 4.84 d.u./ac.) to the north, and by medium density
(MR-5, Palm Beach County) to our west. Therefore our request for Moderate
Density (maximum 7.26 d.u./ac.) is a logigal transitional density at this
location. Since we are nearly surrounded by Boynton Beach land alreadv and
will be served by Boynton utilities, this is an obvious infill situation.
Also, the owner is anticipating higher than normal development costs due to
the presence of muck on the property; the higher potential densitv will help
make the project economically feasible.
III. LIST OF AFFECTED PROPERTY OWNERS. For all proposed Compre-
he~~ive Plan amendments which would change the permitted use
of property, the applicant must submit the following
materials in two (2) copies:
1. A complete list of all property owners, mailing
addresses, and legal descriptions for all properties for
which the permitted uses of said properties would be
changed, as recorded in the latest official tax rolls in
none the county court house shall be furnished by the
applicant. Mailing labels for these addresses must also
be provided. Said list shall be accompanied by an
affidavit stating that to the best of the applicant's
knowledge, said list is complete and accurate. Notifi-
cation of affected property owners will be handled by
the City Clerk of the City of Boynton Beach.
PLANNING DEPARTMENT - JANUARY 1991
A: TxtAmend
( 3 )
2. A copy of the Palm Beach county Property Appraiser's
maps showing all of the properties referred to in
paragraph 1, above.
IV. APPLICATION FEES. Fees shall be paid at the time that the
application is submitted, aooording to the attached
schedule. All fees shall be paid by check, payable to the
City of Boynton Beach.
v. CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent records
of the Planning and Zoning Board. (I) (We) hereby certify that
the above statements and any statements or showings in any papers
or plans submitted herewith are true to the best. of (my) (our)
knowledge and belief. This application will not be accepted
un~ss signed accordin,to the instructions below.
/
1cant
March 30, 1993
Date
April 1, 1993
Date
above signed person as (my)
to this application.
March 30. 1993
Date
PLANNING DEPARTMENT - JANUARY 1991
A:TxtAmend
'f :'
, ,
I
, I
, .
!i ,CITY OF BOYNTON BEACH, FLORIDA
. I
~
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II
below, in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type All Information.
I. GENERAL INFORMATION
1.
Project Name:
Laos Propertv
2. Type of Application (check one)
a. Rezoning only
b. Land Use Amendment Only
x
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):
John T. Loos
Address:
888 S.E. 3rd Avenue Suite 201
Phone:
Fort Lauderdale, FL 33316
(Zip Code)
305-525-5222 F~: 305-525-5244
5. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates
Address:
1551 Forum Place Building 100
West Palm Beach, FL 33401
Phone:
407-689-5522
F~:
(Zip Code)
407-689-2592
6. Property OWner's (or Trustee's) Name:
John T. (Jack) Loos
Address:
same as above
(Zip Code)
F~:
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(2 )
7. Correspondence Address (if different than applicant or
agent) :
use agent's address
*This is the address to which all agendas, letters, and
other materials will be mailed.
8. What is the applicant's interest in the subject parcel:
(Owner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
applicant is owner
9. street Address or Location of Subject Parcel: west side
of Congress ,approximately ~ mile south of Golf Road
10. Legal Description of Subject Parcel:
The South one-h.lf (5.1/2) of the South..st one-quarter
(S.E.l/4) of the South..st one-qu.rter <S.E.l/4) of Section
31. Township 45 South. R.nge 43 E.st, less the South 40.00
feet for the L-28 canal right-of-way and the East 53.00 f..t
for Congress Ave.
Said l.nds lying in P.lm B~.ch County, Florid.. and
containing 18.6902 .~re. mare ar 1....
11.
Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): 18.69
Current Zoning District:
AR (Palm Beach County)
~, ,,', ,.~"",
A 0tIf ~ !,' ~ 'S.: .,",,"" .
-~ ,~<
12.
13.
14.
Proposed Zoning District: R-l
Current Land Use Category:
fYI,/" l.
MR-5 (Palm Beach County)
;r'-_<.. ~,.
,"-' '_.1:, ...~.
.3 . -;- ,./.1.1. .
15. Proposed Land Use Category: MoDR
16.
Intended Use of Subject Parcel:
development
single family residential
17.
Developer or Builder:
none
18.
19.
Architect:
N/A
Landscape Architect:
N/A
20. Site Planner: N/A
21. Civil Engineer: Simmons & White, Inc.
22. Traffic Engineer: Simmons & White, Inc.
23.
Surveyor:
Consultech, Inc.
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
( 3 )
The following materials shall be submitted in two (2)
copies, unless otherwise indicated:
(check)
xx
a.
xx
b.
xx
c.
~ d.
Consul tech
attached
This application form.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
(I) If the property is under joint or several
ownership: a written consent to the application by
all owners of record,
(2) If the applicant is a contract purchaser: a copy
of the purchase contract and written consent of
the owner and seller, and
xx (3) If the applicant is represented by an authorized
agent: a copy of the agency agreement, or written
consent of the applicant, and
(4) If the applicant is a lessee: a copy of the lease
agreement, and the written consent of the owner,
and
(5) If the applicant is a corporation or other
business entity: the name of the officer or person
responsible for the application, and written proof
that said person 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.
A sealed boundary survey of the sUbject parcel by a
surveyor registered in the State of Florida, dated not
more than six (6) months prior to the date of submission
of the application, at a scale prescribed by the
Planning Department, and containing the following
information:
~ (1) An accurate legal description of the subject
parcel.
~ (2) A computation of the total acreage of the subject
parcel to the nearest hundredth (1/IOO) of an
acre.
waived
3/30/93 (3) A tree survey, which conforms to the requirements
see environmental of the City of Boynton Beach Tree Preservation
assessment by Ordinance. (Also refer to Page 6, Sec. II h.(12)
Doug Winter, Inc. of this application if property is occupied by
native vegetation.) This requirement may be
waived by the Planning Director where found to be
unrelated to the land use or zoning issues
involved with the application.
xx e.
A complete certified list of all property owners,
mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of
the subject parcel as recorded in the latest official
tax rolls in the county courthouse shall be furnished
by the applicant. Postage, and mailing labels or
addressed envelopes must also be provided. Said list
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge said list is
complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton
Beach.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
/
;.~ ~ -
....
( 4 )
-XX- f.
A copy of the Palm Beach County Property Appraiser's
maps showing all of the properties referred to in
paragraph e. above, and their relation to the subject
parcel.
attach~cl
A statement by the applicant justifying the zoning
requested, including reasons why the property is
unsuitable for development under the existing zoning
and more suitable for development under the proposed
zoning.
attachM
A comparison of the impacts that would be created by
development under the proposed zoning, with the impacts
that would be created by development under the existing
zoning, which will include:
attache41) 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 the proposed zoning or development.
attache~2) A statement of the uses that would be allowed in
the proposed zoning or development, and any
particular uses that would be excluded.
attache~3) Proposed timing and phasing of the development.
N/A (4) For proposed zoning of property to commercial or
industrial districts, where the area of the
subject parcel exceeds one (1) acre, projections
for the number of employees.
attacheq5) A comparison of traffic which would be generated
Simmons & White, In'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 that would be necessary to
accommodate such traffic movements. For projects
that generate more than five hundred (500) net
trips per day, a traffic impact analysis must be
submitted which complies with the Municipal
Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(a) For projects that generate two thousand
(2,000) or more net trips per day, the
traffic impact analysis must be submitted to
the City at least 30 days prior to the
deadline for land use amendment and/or
rezoning, in order to allow for timely
processing of the application and review by
the City's traffic consultant and Palm Beach
County. The applicant shall be billed for
the cost of review by the City's traffic
consultant.
(b) For projects that generate between five
hundred (500) and two thousand (2,000) net
trips per day, the traffic impact analysis
must be submitted at the application deadline
for land use amendment and/or rezoning, in
order to allow for timely processing of the
application and review by Palm Beach County.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
,<
( 5 )
However, if it is the desire of the applicant
to utilize the City's traffic consultant for
review of the traffic impact analysis prior
to review by Palm Beach County, then the
procedure and requirements outlined under
item "a" above shall be followed.
Failure to submit traffic impact analysis in the manner
prescribed above may delay approval of the application.
attached(6) For parcels larger than one (I) acre, a comparison
---- . of the water demand for development under the
Simmons & Whlte 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 water system
shall also be included, where existing facilities
would be inadequate to serve development under
the proposed zoning.
NOTE:
At tached ( 7 )
Simmons &
White
arr~~hpd( 8)
N/ A (9)
For parcels larger than one (I) 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.
For proposed residential developments larger than
one (I) 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 than
fifty (50) dwellings, or 50 sleeping rooms in the
case of group housing, would be allowed under the
proposed zoning.
At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit proposals for
minimizing land use conflicts with surrounding
properties. The applicant shall provide a summary
of the nuisances and hazards associated with
development under the proposed zoning, as well as
proposals for mitigation of such nuisances and
hazards. Such summary shall also include, where
applicable, exclusion of particular uses,
limitations on hours of operation, proposed
location of loading areas, dumpsters, and
mechanical equipment, screening of service areas
and mechanical equipment, location of driveways
and service entrance, and specifications for site
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
( 6 )
lighting. Nuisances and hazards shall be abated
or mitigated so as to conform to the performance
standards contained in the City's zoning
regulations and the standards contained in the
City's noise control ordinance. Also, statements
concerning the height, orientation, and bulk of
structures, setbacks from property lines, and
measures for screening and buffering the proposed
development shall be provided. At the request of
the Planning and Zoning Board or City Commission,
the applicant shall also state the type of
construction and architectural styles that will be
employed in the proposed development.
N/A (10) At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit the following
information:
(a) Official soil conservation service
classification by soil associations and all
areas subject to inundation and high ground
water levels.
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
(d) Form of ownership and form of organization to
maintain common spaces and recreation
facilities.
____ (e) A written commitment to the provision of all
necessary facilities for storm drainage,
water supply, sewage collection and
treatment, solid waste disposal, hazardous
waste disposal, fire protection, easements or
rights-of-way, roadways, recreation and park
areas, school sites, and other public
improvements or dedications as may be
required.
N/A
(11) For rezonings to planned zoning districts, the
specific requirements for submission of
applications for rezoning to such districts shall
also be satisfied. Furthermore, all materials
required for a subdivision master plan shall also
be submitted.
N/A (12)
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmental
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the Land Use Amendment and/
or Rezoning Application to the City.
see
attached
note
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
~.. ..,._.~.. .
,
,.
./
r
/
/<
(7)
III.
APPLICATION FEES. Fees shall be paid at the time that the
application is submitted, according to the fees which have
been adopted by ordinance or resolution. The Planning
Department will inform the applicant as to the fees which
are required. All fees shall be paid by check, payable to
the City of Boynton Beach.
CERTIFICATION
"--
IV.
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent
records of the Planning and Zoning Board. ( I) . (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true
to the best of (my) (our) knowledge and belief. This
application will not be accepted unless signed according to
the -! tr tio .beloW-.
(..'
a ure f ne s) or Trustee,
Authorized Principal if property
is owned by a corporation or other
business entity.
Man:R fl. 199J
ate
'I'
,
April 1, 1993 .
Date"
v.
he above signed person as (my)
regard to this application.
at re of nares) or Trustee,
Authorized Principal if property
is owned by a corporation or other
business entity.
March 30. 1993
Date
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 8 )
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Department
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property
Owners
Dates of Advertisement in Newspaper (rezoning and/or
land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to
Department Heads
Date of Review by Technical Review Board
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Zoning Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan
Amendment to Florida Department of Community Affairs,
pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan
Amendment to Other Governmental Agencies Requesting
Notification, Pursuant to Florida Statutes, F.S.
163.3184 (I) (b)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Comprehensive Plan Amend-
ment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3l84 (5) (b)
~ate of Hearing Before City Commission on Revised
Comprehensive Plan Amendment, Pursuant to Florida
Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan
Element to Florida Department of Community Affairs,
Pursuant to Florida Statutes, F.S. l63.3184 (6) (a)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Revised Comprehensive Plan
Amendment
A: LandUse
PLANNING DEPARTMENT - APRIL 1991
(10)
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted to City
Commission and Board Meetings
Any documents prepared by applicants which are distributed at the
public meetings must be provided, at a minimum, in the following
quantities in order to allow each Commission or Board member to
have a copy, as well as the City Manager, City Attorney,
Recording Secretary, Planning Director, and Building Official:
City Commission:
10 copies
Planning & Zoning Board:
12 copies
Community Appearance Board:
12 copies
Also, for any site plans, master plans, and elevations which are
submitted for the record at Commission or Board meetings, and
which are revisions to plans or elevations which were previously
submitted to the City, six (6) copies of the revised plans or
elevations must be subsequently submitted to the Planning
Department. Furthermore, any colored elevations which are
exhibited to the Boards or Commission which are different from
those which were previously submitted must be submitted to the
Building Department so that the building color and elevations can
be inspected prior to the issuance of a Certificate of Occupancy.
These measures will allow the City to have an accurate record of
the project as it was approved by the Commission or the Boards,
and will allow for the efficient inspection of the project.
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
(11 )
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after
June 1, 1990 will be subject to the City's Concurrency Management
Ordinance, and cannot be approved unless public facilities
(potable water, sanitary sewer, drainage, solid waste,
recreation, park, and road* facilities) would be available to
serve the project, consistent with the levels of service which
are adopted in the City's Comprehensive Plan:
- Building permit applications for the construction of
improvements which, in and by themselves, would create demand for
public facilities.
- Applications for site plan approval.
- Applications for conditional use approval.
- Applications for subdivision master plan approval.
- Applications for preliminary plat approval.
- Applications for final plat approval.
Applications for rezoning to planned zoning districts.
- Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
* Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
Please be advised, however, that the following applications will
be exempt from the Concurrency Management Ordinance, pending
final approval of this ordinance by the City Commission:
- Applications for the development of property which was platted
on or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
- Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
500 net vehicle trips per day.
- Applications for building permit, if a site plan or conditional
use was submitted prior to June 1, 1990 and subsequently
approved, and the site plan or conditional use has not expired.
- Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(12)
- Applications for approval of final plats, if the preliminary
plat and application for Palm Beach County Health Department
permits for utilities have been submitted prior to June 1, 1990.
- Applications for revisions to previously approved development
orders or permits, which do not increase the demand for any
public facility.
Please be advised that these exemption rules are tentative and
will be sUbject to final approval by the City Commission.
If you have any questions concerning the proposed Boynton Beach
Concurrency Management Ordinance, please contact the Boynton
Beach Planning Department at (407) 738-7490.
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
r
"'I,I~--i.(..'-! H..'U ! h..J!cUU ~ ~U-U~,.j "JJ
,.
ORB
5557 P9 1 907
1!f!Iarranly '.!teed
(STATUTORY FORM - SECTION 689.02 F.S.)
This inslrument was prepared by:
J Name Jack R. Loving, P .A.
Address1OL~0 Bayview Dr., 411~11
Fort Lauderdale, FL 33304
..
IDqis lnlJrnturr. Made this
1st
day of
Augus t
1987 , ~rtwrrn
MA.~ B. LOOS, an unremarried widow,
of the County of
Broward
, Stale of
Florida
, grantor", and
JOHN T. LOOS, a married man,
whose post office address is P.O. Box 292037, Fort Lauderdale, Florida 33329
.
of the County of Brrnl7ard
, State of
Florida
, grantee",
DlUnrl1srlq. That said grantor, for and in consideration of the sum of ten and 00/100
($10.00)----------------------------------------~---------------------------------
. Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the re<:eipt whereof is hereby
ocknowledged, has granted, bargained and sold to the said grantee, and gronlee's heirs and assigns forever, the following
described land, situate, lying and being in Palin Beach County, Florida, to-wit:
. -
The South Half of the Southeast Quarter of the Southeast Quarter of Section 31,
Trnvnship 45 South, Range LI.J East, Pam Beach Cotmty, Florida.
B8-023735
.. Con 300,000.00 Doc 1,650.00
.JOHN B DUNKLE, CLERK - PB COUNTY, FL
" :
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of 011
penons whomsoever.
· "Grantor" and "granlee" ore used for singular or plural, as context requires.
In mUnr118 1Dqrrrllf. Grantor has hereunto set grantor's hond and seal the Jay and year first above written.
Si ed, sealed add livered in our presence.
71&74/// ~~
(Seal)
(Seal)
(Seal)
(Seal)
~ .;
STATE..OF FLOIUDA
COUNtY OF BRCX.JAlID
I HEREBY CERTIFY Ihat on this day before me, on officer duly quolifiod 10 toke ocknowledgmenh. penonolly oppeored
Mi\RG!\RET B. LOOS, an tmremarried widat'l '1I1;';;'::;~
,,"::.'l, .' i,-?!r:' ....
to me known to be the person described in and wha executed the foregoing instrument and ocknowI5~~t~~~~~t~.e '.J~ot.
SJ.e execuled Ihe some. : , J'~.', i\' ..t. (. ....) '~;"', !
WITNESS my hand and official seal in the County ond 'Slale lost oforesoid this 20th doy of J.#i~\: ~,JJ:t~~\'~:/~ ',;
19 88 UCttlA .;;!.~ :';;"';'Q.(~ ^ ....:'..: t;~,:;
. ~- .. . _ .:" " 1:;'.' . ...~. . .0.
ct ~ ..'O,:..~f... /';;h~J": ~!:,.
. ......:: J
,. .:;JoJ t:..... P be..., . .. : ,'iO::
; ,;......_l~ ~!Y'" u........'l .: ....1\.,,:'
.....~.,.,Il.~ . 1\,'~1,\;",..''-. -...6,
'. .~~,.~. .'~'.~..~?~~1 1\" .' L~~.... t).: '..
i" j'... ", ....... .:.n. ~ ,"
"'.,;',:.;..'/ (>'J"^..~...~"'l".
I ;' " j,l. (."1 \ ~~ ,.1'
'1(1//~(h~~'~~~" .
"'~'f;r:' ,
My commiuion expiress
.0IARY PUBLIC STATE or rlORIDA
"Y COlllllSSION EXP. OCT 26,1990
BONOEO IHRU GENERAL INS. U~O.
J:)GJ Oa.a Suppu... Inc. Orlahdo. Fla. C",e
RECORD VERIFIED
PALM BEACH COUNTY, FlA.
JOHN 8. DUNKLE
CLERK CIRCUIT COURT
I .
I
VII...' _, -' _, ~ j"J ..L 'F W 0"
10 J1aue and ID l101d tTle same. logelller wilh tl,e lenemenls, Ileredilamenls ancl appurte-
nances tllerclo helonging, and IIle rents, issues and profils tllereof, unto tllc morlgagee, in fee sImple.
flnd tllc mortgagor covenants willi tIle morlgagee Ihat tllC mortgagor is lndefea.tihly sci%ecl of .ald
land in fce simple: /110/ tlu) morlgagor lias good righl and lawful aurllorily ro convey sold land as afore-
said: rhat rhe mortgagor will ma~e such fur//ler assurances to perff'c1 rho fee simple fille 10 saiclland In II..,
mortgagee as may reasonahly be required: rh~r tile mortgagor Tlerehy lully warrants Ihe fille 10 laid ~nd
ancl will defend tile samc against rile lawful claims of all persoru wllOmsoever: and that said land b free
and clear of all encumbrance. .
.
. :prollidcd )llways, r'.ar if laid mortgagor "lall pay unto .aid morrgagee rhe cerrarn prom".
.ory nole '.erelnafrer .ubslanlially copied or identified, ro-wu:
PROMISSORY NOTE
,"
,
s__~9.9_,_QQ9.:_~q__________. Fort Laudo~dale, Florida, ____~.::>_t:._~!.__~_________n.. 19 __~L
FOR VALUE RECEIVED. the undoralgned_____.J:QLltCJ:.~_~_____________________________________
------------_____________________~_____Jolnlly and sovorally promlaoea) to:pay 10 tho ardor 01
MARr~ B. I1X>S 0
------------------------------------------------------------------------------------------------
aL2.3Ol_N F. l6t:b.~_Hi1tao2mQt"~~J~'J.rn:ida____________________:.._________________
'TIrr~:~&~d ~~and ~ t111i60h{~3dO ~'Cro. gO~~:x:B-_~--~~~~~~-~J:!-.?-rl~~~~~ su~ 0 of
---------- --------_____________________________________________________~________DoI~
Prlndpal .hall be payable aa follow.: ELfu1-J__~ty__C.~QL~<g[>_i.l;:glL!:!L~___!=~__qL!=hiA_~
nQ~~__________________________~__L__~___________________________________________________~__
------------------------------------------------------------------------------------------------
-------~-----------------------------------------------
:. In addIUon 10 the above Prln~ payment.&, lntorflat at tho role of __.n...5.'Z.___ por coni por annum.
. compuled from tb.a._c1ate oL__~p_DQj:~all b. payable 1!QQ1=hl:YL_~~_ing..9!:1~__T!.l2D!=h_#ter
. ~o _t;.he_ da~~Q.L thi!U2Q!=~__C!1d fS!lt:.~~.s..E~.F_e~~~.E._Q!!__th~_~~_~.Y.._<?;~~_~:._~.
~ 'Inlereal ahall be calculated on th., prlndpal balance from. Urn. to Urne romalnlng unpaid. AD
, payment. reoelved .ball b. appU&<! flrat 10 curront Inloreat to the da1e of th. paymont. with th.
:: balance. U any. 10 paal due Inle,..at. U any. and with the remaining balance. U any. 10 prlndpaL
~ Prepaym'nl Prh:l1ege: .. .
. .
'.
This.nqte may be wholly or partly pre~aid at any tiIre without p~lty: .... . ....
,~
.:::. . .
~. ',;, .. :
t . ....
. '.. .
.' ....
. .
'. ,: t
D -r oI"ad ~_ Ie ... owr~l..s wt~ J:;b.j.:m.f~9JcIa,. ahar oIat. .. .u.o)a ".'0l1li. u.. wJ..le .. Ill. _paW ~ ....
dpaJ balaace ...-..._ aad bl..... CICCnI'" .. u.. date .. ".'oula eJ.oU 'cwlllwflll. ~.. ..... _41 parabl., .. tll. eptIee ..
u.. 1oo1d... .. lJoIe ........ willooul aoeJa.. PaM"_ "I.." aha1I I>ecu bl..Ht b_ tile clol. ...u bl...04 a.-.. pa04 ..... at doe
....... J OZ. ..--.1 ~ ....... pciITIIhle _..- .......... aMu14 II ~. .~.......... .. _n.... I1l1e .... u.r....\ _ .. I
.......,. ....,11 .. _ wh.'h" ....,,". ......... << ..05.... ... tJda....... h..ebr 0.,._ .. par all CGeIto .. _UoctLo. lach..!J.. . _
-we at1...,.-..... no. _ken ... _01_.... wol.. ....__.1__1 ..... pap_I. prol..1 ..4 aots.-.. ,........ ..... _.,...,....
.. LIaIe aoI., ... ~ .. -r ."'..... .. u.. .. par.eat wtu.-t -uo. u........
:'
------------------_______________________(SEllL)
----------_______________________________(SEJUL) .
JfC7
,;.
.-
and sl101I perform, comply wi/II a~J(1 abide by eacl. and e(Iery /l,e agreements, sllpulalion's, condllloru and
cO/lenan/s thereof. and of tllis mortgane, tTum this mortgage and the estate T,erehy created. sT,all ct'(Ue, de-
termine and be null and void.
Hnd tIll' mortgagor Tlemhy furtTler covenants and agrees to pay promptly when due rhe prtnclpal and
In/enosl and otller Slims 0/ money provicled lor In said nole and IhlJ mortgage. or either; 10 pay all and
singular tl,e taxes, assessmenls, levies, liahililies, ohligations. and encumhmnces of every nalure on .ald pro-
perly; to permU. commil or suffer no waste. impairmenl or deterioralion of said land or Ihe Improvement,
ITlereen al any lime; 10 kt'pp tile huilJings now or herpa/ter on ~aid land fully insured In a sum of nol leu
Illan the lesser of hip-pest insurable value or $300,000.00
In a company or companies acc(>prahle 10 the mortgagee. the policy or policies 10 he held hy, and payabl.
10. said mortgagee. and in thB event any sum of money hecomes payable hy virlue bf .ueh lruurance Ih.
morlgagee sllallhave Ihe righl 10 receive and apply Ihe same to the Indehledness herehy Jecured. aCC:Ounlfng
10 Ihe morlgagor for any surplus; 10 pay all cosls, cllarge" and expenses, Including lawyer, fee, and 1111.
.earch(',. r(>asonahly Incurred or palel hy Ihe morlgagee hecawe of Ihe failure of Ihe morlgagor 10 prompll,
anel fully comply wilh tIle agreemenls, slip~lalions, condUioru and covenants of sold no Ie and thb morlgage.
or eilher; to perform. comply with and ahlde by each and every the agreements, slipulaUoru, condworu ami
covenants sel forlh In salel nole anel Ihb morlgage or either. In the even I the mortgagor fall. 10 pay when
elue any lax, assessment, Insurance premium or olTler sum of money payable hy vlrlue of 'salel no I. anel IhLJ
morlgage, or euller. the morlgagee may pay Ihe same, wi/haul waiving or affecllng Ihe opUon 10 forecCo..
or any olher righl Ilereuneler, and all .uch payments shall bear Inlerest from elate thereof at the htghe.' law-
ful rale Illen allowed by the laws of thB State of Florida.
)f any .um of money herein referred to be nol promplly palel wUhln thirty (30) day. next after
Ihe ,ame h('C'ome, due, or If each anel every Ihe agreements, "ipulaUon,. conellUon, anel covenanll of .atd
note an'el tIll' mortgage, or either. are not fully performeel. complied wuh and ahldecl hy, then th. enU,..
,urn menlloneelln salel nole. anel thb morlgage, or Ih e enUre balance unpalel thereon. ,hall forlhwuh or
therea/ler. at tlu) opUon of Ihe morlgagee. becom(' anel be clue anel payahle, anything In ,aid not. or herem
to the contrary notwUlutancllng. Failure by the morlg agee to exercue any of the rlghll or opUoru h.,.ln
provld('el sllall not consllhde a waiver of any rights or optlon. uncler ,aid note or this morlgag. accrued or
ther(>a{ter accruing.
In lfIUness Whereof, tIle ,a/cl mortgagor ha, hert'unlo signed anel .ealecl the,. preunll th.
clay and year first ahove wrUten. .,; /.......-)) /;_
. /.0/'
.:~~;..Ai..2f;::L...::.~:~.~~.~..:'.'... /bif4..4....~..............CD
.k.~.c:4L.~.~................( y:..........................................................................CD
.... .-...................................... ......................1..................... ............................... .............................. ........ ....... ............ (D
..............................._....... _....... .................... _....................... . _........._.. _............................ ................... ........................... CD
STATE OF FLORIDA,
COUNTY OF BRa.lARD
~
I HEREBY CERTIFY that on this day. berore me, an
oHicer duly aUlhoriz~d in the St.lt~ aror~uid and in the County aror~.aid to tak~ .cknowl~dgm~nll. ~nonally appurN
JOliN T. 1005, a married man,
to me known to lx- the JX'uon d~.crilx-d in and who u ccutcd the rorC"goinlt iOltrum~nt and
he arltnowlcd~
berore me that he cx~cul~d the .ame.
WITNESS my hand and o(fjcial .ul in the County and Sl:at~ !:all aforesaid this
M.
Jamiary ,
20th
day 01
^. D. 19 88.
" ,0"
'. ..~"'~.... '~~..4...:. '.
....d.{!d!JPub~J.?t{Vl...;..~4..;{/...1..~~~;.~..~_.~:\.(...
Notary. ~c : :C',' ': ;.:
....... -.....
..-=....r-..: .,'.~, .:~.
t1y conmission expires: :....:.. '. "J ...., .' c '.
'. \ .... ('.
.......... ".
." "
NOTARY PUBLIC STATE OF FLORIDA
MY CONMISSION EXP. OCT 26.1990
BONDED TlIRU GElIERAL INS. UNO.
"" .~ i:.\ \
It'I..
J
'/7/1J IlISlnllllJ.I!~tJJr:n!'e6!J1.~~jG. P./t
.1 U ' SUITE 411 . Bf,YVI;;:W BUilDING
. I I r/.1.1 1040 BA YVIEW DRIVE
rnnT' ^' 'nrnnJ\' f" lOr f\ntr)1I ":I'PO'!
RECORDVERTFIED
I'ALM BEACH'COUNTY, FLA.
.JOHN B. DUNKLE
..CLSRK'CJR~U/if ;COUfl'T
.fI!J'
l.
'SIMMONS & WHITE, INC.
,.
Engineers · Planners · Consultants
March 31, 1993
Job No. 93-030
LAND USE PLAN AMENDMENT APPLICATION
TRAFFIC STATEMENT
18.69 Acres located on the West side of
Congress Avenue South of Golf Road
Palm Beach County, Florida
SITE DATA
The subject parcel is located on the west side of Congress Avenue
approximately 2000 feet south of Golf Road and contains 18.69
acres. The property is currently designated as Medium
Residential, 5 units per acre (MR-5) on the Palm Beach County
Comprehensive Plan. The property owner is requesting annexation
into the City of Boynton Beach and a change in the parcel's
designation to Moderate Density Residential (MDR-7.26 units per
acre). The purpose of this Statement is to determine the total
traffic volume which will be on each roadway link within the site
radius of development influence for the Interim Transportation
Plan. This Statement will also identify which roadway links (if
any) will exceed the adopted Level of Service volume for the
subject links addressed within the project's radius of
development influence.
TRAFFIC GENERATION
The increase in daily traffic generation due to the requested
change in the parcel's land use designation may be determined by
taking the difference between the total traffic generated for the
most intensive land use under the MR-5 and MDR-7.26 designations:
MR-5
The MR-5 land use designation allows a maximum development
intensity of 5 D.U.'s per acre. Based on a project area of 18.69
acres and a trip generation rate of 10 trips per day per D. U.,
the maximum traffic generation for the property under the MR-5
designation is 930 trips as follows:
18.69 Acres x 5 D.U.'s
Acre
=
93 D.U.'s
93 D.U.'s x 10 tpd
D.U.
-
930 tpd
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
Traffic Statement
Job No. 93-030
March 31, 1993 - Page Two
TRAFFIC GENERATION (CONTINUED)
MDR-7.26
The MDR-7.26 land use designation within the City of Boynton
Beach allows a maximum development intensity of 7.26 D.U.'s per
acre. Based on the project area of 18.69 acres and a trip
generation rate of 10 trips per day per D.U., the maximum traffic
generation for the property under the MDR-7.26 designation is
1350 trips as follows:
18.69 acres x 7.26 D.U.'s
Acre
=
135 D.U.'s
135 D.U.'s x 10 tpd
D.U.
=
1350 ,tpd
The maximum increase in daily traffic generation due to the
requested change in the parcel's land use designation is 420 tpd
calculated as follows:
1350 tpd - 930 tpd
=
420 tpd
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 1-L-1, for a net trip generation of 420 tpd, the
radius of development influence for determining significant
impact shall be the directly accessed 1ink(s).
TRAFFIC ASSIGNMENT/DISTRIBUTION
The net increase in traffic has been assigned to the directly
accessed link, Congress Avenue, for the Year 2010, the Year 1998
(5-years from present) and the current condition and can be seen
in Figures 1,2 and 3, respectively. The distribution shown is
based on the current and on the proprojected roadway geometry, a
review of historical travel patterns for the area, and
anticipated travel patterns associated with probable land uses
under the MDR-7.26 designation, and is generally represented as
follows:
North
South
60%
40%
Traffic Statement
Job No. 93-030
March 31, 1993 - Page Three
TRAFFIC ASSIGNMENT/DISTRIBUTION
The projected traffic volumes on the Year 2010 roadway network
were available from the Palm Beach County Engineering Traffic
Division and are shown in Figure 1. The Year 1998 projected
traffic volumes are based on counts available from the
Metropolitan Planning Organization of Palm Beach County 1992
Annual Traffic Volume Map adjusted for historical growth
allowances furnished by Palm Beach County Engineering Traffic
Di vision and can be seen in Figure 2. Figure 3 represents the
current roadway network and traffic volumes. The sum of the
distributed project traffic with the projected 2010, 1998 and
current 1992 traffic volumes can be seen in Figures 1, 2 and 3,
respectively.
PEAK HOUR TURNING MOVEMENTS
The total peak hour turning movements for the 18.69 acre project
under the MDR-7.26 land use designation have been determined in
order to assess the improvements necessary to accommodate such
traffic movements. The A.M. and P.M. peak hour factors and
directional distributions are summarized as follows:
DIRECTIONAL
DISTRIBUTION
( IN/OUT)
PEAK HOUR
TRIPS
( IN/OUT)
TOTAL DAILY
TRIPS
PEAK HOUR
FACTOR
1350
1350
A.M.
P.M.
7.7%
10.6%
26%/74%
65%/35%
27 / 77
93 / 50
The project is assumed to be served by one driveway from Congress
Avenue. Based on the peak hour turning movements shown in Figure
4 and the Palm Beach County engineering guideline used in
determining the need for turn lanes of 30 left turns or 75 right
turns in the peak hour, a left turn lane, south approach on
Congress Avenue appears warranted.
CONCLUSION
The total anticipated Year 2010 traffic and Level of Service
standard for each link can be seen in Figure 1. As this Figure
indicates, there are no roadway segments within the site radius
of development influence which will exceed the adopted Level of
Service (see Appendix A) for the roadway cross-section assumed to
be in place by the Year 2010 Interim Transportation Plan.
Traffic Statement
Job No. 93-030
March 31, 1993 - Page Four
CONCLUSION (CONTINUED)
The total anticipated Year 1998 traffic and Level of Service
standard for the Congress Avenue links can be seen in Figure 2.
Please note that Congress Avenue from the L-30 Canal to the L-28
Canal (at Hunter's Run) is scheduled for construction to a 6-1ane
section in fiscal year 1996/1997 on the Palm Beach County Five
Year Road Program. This link, located approximately 800 feet
south of the subject parcel, will therefore meet the Level of
Service standards in 1998.
The current traftic totals shown on Figure 3 (Current Roadway
Network) reveal that no links exceed the Level of Service
standards at this time with the addition .of trips due to the
subject land use designation modification.
This proposed future land use plan designation modification will
not result in an increase in density or intensity of development
significantly impacting any roadway segment that is not projected
to be operating at the adopted Level of Service on the Year 2010
Transportation System Plan and is therefore in accordance with
Policy 1-L of the Traffic Circulation E1e nt.
Robe
SIMMONS & WHITE, INC.
Engineers. Planners · Consultants
~ WOOL13R.16Nr
~
~
~
60L 120
PR.OJECT
F/6UZE /
(VEFlIC- 2010)
LEGEND
45000 PR.O:rECTED 2010 -rJeAF"Flc.
)
252. pl?OfECr IJ'sS/6N!4ENI
45; 2.52. /()7,4L 20/0 T,e,t},cFlc.
#) 300 L,o.S. 5r/JND~,eD
N
~P.
+~ooo
252-
f~ 252.
4-~J 300
45000
J /"8
4~ 1&8
4/0,300
L lIill) lJSE PlAN /iMENDN1ElJr
93.'30 f?,F~ 3/31/t:j3
4623 Forest Hill Rnulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
N
SIMMONS & WHITE, INC.
. Engineers. Planners. Consultants
W OOL13R..16Nr
JeP.
~
~
~
60L 12./:>
2 ~ Lj.L/5"
.. 252-
57/0
31) '-1-07
'-fb/3OO
PR.OJECT 2~ J.I.'15
U)
V) /&78
t.U 5710
~
3 J.> 32.3
~
<:) L!-/P,300
~
LEGEND
2~"'l-5' l'tJ2. ~.A.O,r:
252" PI!.O:rE e:r AS5IqNI4E.Nt
57/0 H/SToeICAL 62PWrl1
3/~ 407 T()/~L. /918 TIeAFFIC-
IfIJ,J 300 L I ~S. .sr~AlD~,e/:)
F/QUR.E z...
( /998)
L IIND lJSE PlAN ;JMENDMElJi
'13.~O' /lF~ 3/31/13
4623 Forest HIli Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
N
SIMMONS & WHITE, INC.
Engineers · Planners · Consultants
~ WOOL/3R./6Nr
,eP.
~
~
~
6()L ,eO
Z5J Lfllo
z.5'2-
zS;~97
. L./~ 300
PR.O.JE.CT
U) 2S;'-iLJ.~
V) /IP8
\U
.~ 2~(P13
~ 461300 >'*
~ 3~ ZOO
~
F/qL/R..E 3
LEGEND ('CuseeE.N-r) .
25lJi/5 /992. /l~.D,r:
)
252. peO.:TEt;T ~SfI6NMENr il/ND lJSE PlAN ;JMENDMENi
25; b97 /oT/iL /99Z TRAFFIC. '13.'30' IlF/f:. 3/31/~3
,L/h,300 L,as. Sr'iNpA~l>
46,300 > '* MIO-LIAlK '1.LANG CONs-rI!!.AINr @
3C1 ZOO Hl/Alr€/Cs I!.JlIV _". OU.4L I., (),s, 57~"'DI'1,.eO
4623 Forest Hili Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
SIMMONS & WHITE, INC.
Engineers · Planners. Consultants
~ WOOL/3,€16J.1r
,eP.
60L /i!.D
~
~
~
..
PR.OJE.CT
(I./~)
~
(3/) l
\S) zo
V)
lU
~
~
~
\l
. F/qUR..E if
LEGEND
(II) IJ,/Vt. PK. HR,. rU,€NIN6 MOVH'r
,
37 f? M PK, }/R. 7t1e NIN6 Mov14 r
N
J (I')
5"~
1 (II)
37
L IIND USE PlAN ,lJMENDMElJi
'13.'30' /lFJ!:, 3131/93
4623 Forest Hili Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965.91~~_________
APPENDIX "A"
FACILITY TYPE LOS
STANDARD
2 lanes undivided 13,700
2 lanes one-way 16,900
3 lanes one-way 25,600
4 lanes divided 30,200
6 lanes divided .. 46,300
8 lanes divided 60,000
4 lanes expressway 73,800
6 lanes expressway 110,700
8 lanes expressway 147,600
10 lanes expressway 184,500
Net Trip
Generation
1
51
1,001
4,001
8,001
12,001
20,001
*
APPENDIX "B"
TABLE 1-L-1
SIGNIFICANT IMPACT
Distance
50
No significant impact
1,000
Only address directly
accessed link on first
accessed major thorough-
fare
4,000
8,000
12,000
20,000
One (1) mile *
Two (2) miles *
Three (3) miles *
Four (4) miles *
Five (5) miles *
Up
A project has significant traffic only where
net trips are greater than three percent (3%)
of the level of service "D" capacity on an
AADT basis of the link affected up to the
limits set forth in this table. The laneage
shall be shown on the adopted Transportation
Plan (currently 2010).
......
....
<(<(<(
::l::l::l
I3CJO
.,,"""
"....
""""."
~:5
:exx
".....
ooc
",oc
-.
_"0.-
:o._~
~~J
::~~j
I ~
..,. ~
~
.-.--....-.. .j-- ... . ..- ..... .
. . l
. ~
!
i
i
.~.. <.- - -..
. --. --..-.
!
- -----.
___~_ .._..t.
1
C I.T Y
o F BOY N TON
B E A C H
PLANNING & ZONING BOARD
ANNEXATION APPLICATION
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Department. (2 copies of application
required. )
PROJECT NAME:
Loos Property
AGENT'S NAME:
Kieran J. Kilday/Kilday & Associates
ADDRESS:
1551 Forum Place Building 100 West Palm Beach, FL 33401
OWNER t S NAME:
(or trustee's)
Mr. John T. Laos
ADDRESS:
888 S.E. 3rd Avenue Suite 201 Fort Lauderdale, FL 33316
PROJECT LOCATION: west side of Congress about ~ mile south of Golf Road
(not legal description)
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
use agent address
*This is the address to which all agendas, letters and
other materials will be forwarded.
PLANNING DEPARTMENT - APRIL 1991
A: AnnXAppl
~.
J/\N-2e.-19BB 11:51am ftB-0237.35
ORB 5557 P9 1 907
, .
1!t!Iarranly ieed
(STATUTORY FORM-SECTION 689.02 F.S.)
This instrument was prepared by:
J Name Jack R. LJv:ing, P .A.
Address10t~0 Bayview Dr., fFt~ll
Fort Lauderdale, FL 33304
..
m~i.8 lttllrnturt. Mode this
1st
day of
August
1987 , ~rtwrrn
MA..~ B. LOOS, an tmremarried widow,
of the County of
Braward
, State of
Florida
, grantor., and
JOHN T. LOOS, a married man,
whose post office address is P.O. Box 292037, Fort Lauderdale, Florida 33329
.
of Ihe County of Brrnvard
, State af
Florida
, grantee",
mUnr.lUJrt~. That said grantor, for and in consideration of the sum of ten and 00/100
($10.00)--------------------------------------------------------------------------
. Dollars,
and olher good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever. the following
described land, situale, lying and being in Palm Beach County, Florida, to-wit:
. -
The South Half of the Southeast Quarter of the Southeast Quarter of Section 31,
Tatvnship 45 South, Range LI.) East, Pam Beach Cotmty, Florida.
88-023735
Con 300,000. 00 Doc 1,650.00
.JOHN B DUNKLE,CLERK - PB COUNTY, FL
I~ :
and said granlor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
· "Grantor" and "grantee" are used for singular or plural, as context requires.
1n mUnrS8 m~rrrl1f. Grantor has hereunto set grantor's hand and seal the Jay and year first above written.
Si ed, sealed add livered in our presence:
f//47t?.f/// ~~
(Seal)
(Seal)
(Seal)
(Seal)
f':
STATE.OF FLORIDA
COUNN OF BROi.JAlID
I HEREBY CERTIFY that on this day before me, an officer duly qualified 10 take ocknowledgmenh. personally appeared
MARGARET B. LOOS, an unremarried widat.] ..,.:;,~;:,~t.F..
to me known to be the persan described in and who executed the foregoing instrument and ocknowlc:~~..~~~1!j.J~:t~e,Jh.: at.
Sf! t d th same . .~.(;,. ..." .-,.... . ...,~ .
e 8JCecu e e . ....:-~~il1'.l:<<. .~-f~, .~O.l:.iir'~~/:..r.
WITNESS my hand and official seal in the County and'Stote last aforesaid this 20th day of ~<f:!f!i:i;~""~(J\ ~~.\ .::
19 88. U" J..t!, ~:':'C::::""~~ n.,!"".",: t;.~~:.
~-7lc::{.) . .' '.. 'ty,i' (r~" ..,'1 .~" "'t
. .:~~'~'. 1,''5$' ;.~r
My comminion expires: /' !";,~ot~,,Pub~'i . .:.,..{t9::'.
. ..""'.~~I'l..C../\ll"~ '-'.: ....'~'
'.' -:\.. f:i~~!:~~:.::.~;~;~..~fi ~,
"....;..;/ .~Tffi~~:.:.
:, l !.~ f~ll1 ~'t~~~ I,'. \
:'l'l:r'l":/~'
.OIARY PUBLIC STATE OF FLORIDA
MY COI~ISSION EXP. OCT 26,1990
BOKOED fHAU GENERAL INS. U~D.
WOI'I Suppll... Inc. O<llhdo. FI&. ."11
RECORD VERIFIED
PALM BEACH COUNTY, FLA.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
'.
"' I .
ORB
5557 P9 1 909
10 11allt and to l10ld ITle same, logelTler with ITle lenements, Tleredi/aments and appurle-
nances Iherelo belonging, and Ille renls, issues and profits tllereof. unlo ITle morlgagee, in fee simple.
Rnd ITle mortgagor covenants wilh the morlgagee Ihal Ihe mortgagor is indefecuibly sei%ed of said
land in fee simple: ITlat tIle mortgagor hcu good right and lawful autTlOrily 10 convey said land cu afore-
said; /hal Ihe mortgagor will malle such furtller assurances 10 perff'd the fee simple litle to said land In the
mortgagee as may reasonahly he required; Ihat ,Tie morlgagor Ilerehy fully warrants the litle 10 .alel land
and will defend the same againsl Ille lawful claims of all persons whomsoever: and Ihal said land b free
and clear of all encumbrance. .
.
. :prollided Rlways, Ihal If .ald morlgagor .hall pay unto .ald morlgagee Ihe cer/aln prom"-
sory no Ie l1ereinafter .ubstanlially copied or Identified, 10-wU:
PROMISSORY NOTB
,
s__~99_,_QQg.:_q,q__________. Fort Laude~dale, florida, ____~~_t:_!!.__~___________.. 19__~~_
FOR VALUE RECEIVED. the underalgned_____.JgJttIt.._~_____________________________________
----------------------------__________JolntIy and soverally promisees) to:pay to the order 01
MARr~ B. LCX)S .
------------------------------------------------------------------------------------------------
aL23Ol_N F. J 6t:h..&zenue__Hil.taoJmQI"~____B.arida.________ ____________~_________________
or at .uch other ~ ca the holder he~eof ma designate In wrlUng. t h 8 principal sum 01
'.1hre~_~dred ___~9-_~ o.')L~~(}"~O, .9__:..Q92_-"-:::::_-_:'::::':':::::'--_:~:.:"___:::_Dollara.
Princlpal shall be payable C18 fonow.: i:!Lfu]J__~ty__C.~QLyg,.:g~_KLJ:!,J.1...!=!t~___!=.!:!__qL!=~_~
nQt~__________________________~__, _____________________________________________________
------------------------------------------------------------------------------------------------
. ....
-------- -----------------------------------------------------
." In addItIon to the above Prln~ paymenfA, Interetst at the rate of __.6.....5.%___ per ceot per annum.
. computed from thfL<i<.!t~ oL__~g_1JQ.!=~all b. payable l'[QQ!=.PJ.Y.L_~~_iJ1g_9[1.!:!__rooD_!=h_C!fter
~' _the_ dat!!LQ.L thi'S nQ!=e _~d !!_C!!.t~~..s_E!!~.!_eaf!~ -9!!_.!=h~_~~_~.Y._C?~~~_~:._......:.
~ 'Int.reat shall be calculated on th.. princlpal balance from Ume to Ume remalnlnq unpaid. AD
1 paymeot.. reoelved ahall b. applled fl.rat to curroot lotareat to the date of the paymeot. wIth the
.~ balance. U anf. to paat due Inte,..at. U any. and with the romalnJnq balance, U any. to princlpaL
'. Pz-.paymenl Pd~n-'Je: ~ .
'.
, .
- .
. .: I.
: .~..
. t.' ',; ~ .: .
This.nqte may be wholly or partly prepaid at any tine without penalty: ':. ...
., ~ .:.... .
.... ...
. ';
", i: t
II -r ..1cndI ~... .. .... __~..s ....w. J;b.i:m..L~91daya ofl., .ot. .. .\da ..r.n.II. do. w1o." .. Ill. _paW ~.....
dpol balcmco a.--..s. -.s ..,..... occ:rv..s .. 0.. date .. ..'ad aIoaU '<<1""'110 ~_ .... _. po!}"lIbl.. .. 0.. eptIole ..
u.. IooUw .. u.Je ...... wtLloaul ao6ae. ...... d_ IaI..Nt ehoU b4NII' ........ Ir_ ,,,. dale ...... ..I..... a..ca.. ..... ._ at ...
wet... J m ..--a' .-- --..... porah" .,... ......... aJw.uU.. -.-... .oc.''-'' .. ...Ueet u.t. aol. u.r....II _ .. I
to...,.. -II .. -. ",,,.,,," _"w. .w"" .. ..d.... ... thle..... .....br O'lf" .. ....r au co." .. ...Uoct'- laehtell., . .--
~ aII-r'..... n.. _kwe OIl. _d__. waJ". ..._.,._, 1M ~_.. ,......, _d ....SO... ,....... 1M _.,..........
.. t.ILIII ...... ... -' .. -r .111___ .. u.. .. pape'" wttJooul -uo. Uaw....
:'
------------------------------___________(SEJUL)
----------------------____________________(S~) "
JfCP
,.:
.
J
UhL'
:')J_).' t'3 1 ~ '1 U
and sllall perform. comply witll a"nd abide by each and e('e'1 the agreemenls. stipulation.. condil/oru and
COllenants thereof. and of this mortgape. then this mortgage and the estate hereby created. sholl cl'ase. de-
termine and he nflll and void.
Rnd /1.1' mor/gaoor hen!hy further covenants and agrees to pay promptly when elue the principal and
in/en-st anel otller sums of money provieled for in said note and thi. mar/gage. or e!lher; to pay aU and
singular the taxI's. assessments. levies. liahilifies. obligatioru. and encumbrances of every nature on .atel pro-
perty; to permit. commit or suffer no was/e. impairment or deterioration of saiel land or the improvement.
therecn at any time; /0 kpti'p the buildings now or herti'after on $aiel land fully insured in a sum of nor ku
than the lesser of hip-,hest insurable value or $300,000.00
tn a company or companies accti'p/abk to the mar/go gee. the policy or policies to be held by. and payable
to. salel mortgagee, and in the event any sum of money become. payable by virtue bf .uch iruuranc. th.
mortgagee sharlhave the right to receive and apply the same to the inelebtedness hereby secured. aCC:OunUng
to the mortgagor for any surplus; to pay aU costs, charges. and expenses, induding lawyer'. fees anel rule
searches. reasonably Incurred or patd by the mar/go gee becawe of the failure of the mortgagor to promptl,
and fully comply with the agreements. srip~lations, condilions anel covenants of sold note anel this mortgag..
or euher; to perform. comply with anel abtele by each anel every the agreements, stipulalloru, condllloru and
covenants set forth In sold note and this mortgage or eilher. In the event the mortgagor fall. to pay wh.n
d~ any tax. assessmpnt. insurance premium or other sum of money payable by virtue o/satd note anel this
mortgage. or euller. the mortgagee may pay the same. wuhout waiving or affecting the option to foredo..
or any other right hereunder. and all .uch payments shaU tear Interes! from dote thereof at the h/ghe" law-
ful rate then allowed ty the law. of the State of Florida.
)f any .um of monc.>y herein referred to be not promptly paid wl/hln thirty (30) day. nut oft...
the .ame bti'comes due, or If each and every the agreemenb. sllpulatioru. coneliUoru and covenan" of .atd
note and thb morlgage, or either, are not fully perfonned. complied wI/I. and ahlded hy. then the entire
.um mentioned in .aid note. and thill mortgage, or the entire balance unpaid ,hereon. .hall forthwl/h or
thereafter, at tho opUon of the morlgagee. hecome and he due and payahle. anything In .ald note or herein
to tho contrary notwithstanding. Failure hy the mortgagee '0 exercise any of the righ" or oplloru herein
provleled shaU not consllhde 0 waiver of any rlghb or opllon. under Jaid note or ,I.... mortgage accrued or
thereafter accruing.
In lfIUness Whereof, the .ald mortgagor haJ hen-unto .Igneel anel .('aleel the.e pre.ent. th.
day and :~::"K'~da:2&::~::':'::~I~' PM..ne. ./, .~~.) /~. ':
,,' . - 1 /(~ LY(( . / ~/J ...
. ~.. .. .l.. . .~~.......................... //._...........O:::,...7..K.~....... .... .....,t/.-'-cLL................~
.16.,.C~.?~................( ........ ..::'...........................................................................OD
...................... ....... ............... _.....................1..................... ..........._.. _.............. .._............... u....u........ .... u................... (!II
..............,.............................,.. ......... _.. ....... ............... .......... . n. _......_.,... 0...................... ......... 0.'.....,............ .............. u... CD
STATE OF FLORIDA,
COUNTY OF BRCMARD
l
I HEREBY CERTIFY (hat on thil day. ~fore me, an
oUicer duly aUlhorizt"d in the Statt" afort"uid and in the County afort"uid to takt" acknowlt"dgmt"nu. ~nonally ap~ared
JOI1N T. 1008, a married man,
to me known to be.- the (><"1Ion dl'lnibe.-d in and who t"X l'cutt"d the forl'ROinlt instrumt"nt and
before me that he cxccutcd the same.
WITNESS my hand and oUicial leal in the County and Slatt" Ialt aforl'laid thil
",
JanUary ,
he
arknowll'd~
20th
day 01
A. D. 19 88.
, ..>~~'. '~~""'.: . .
....a.~~?J.~~.~{l....'1..\~~:~..~._~:::-...(c. .
. .:\:' /' ..'
Notary Pub lie : :t'" ,'; ~;
.~:. ....... I.' .-. : r-
,,-':,., C'P,,: ,,' _.." :.
Ny earrrnission expires: \" ..... .:~:..~~.'..<~:<-<
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. OCT 26.1990
BONOED HlRU GEllERAL INS. UNO.
. ~.. ~.
"., I ~ ..r: l : . \ i-
("/,.
J
'fI"i IlIJlnI1lIJf!lijJr:l~!'r~6(})JjG, P'.A.
.1 U '\1 SUITE 411- BAYVI;::W BUILDING
. II fI, 1040 BAYVIEW DRIVE
"",,,nT' '" lnr.rmM ~ ~I "Rln-'\ ':l1~n,'l
RECO'RDVERfFIED
PALM BEACH-COUNTY, FLA.
.JOHN B. DUNKLE
-CLERK-CJRGU./a- 'COUA-'T
( 2 )
C I T Y
o F
BOYNTON
B E A C H
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 the 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 fully comply with
all required information as stated below.
ATTACH THE FOLLOWING REQUIREP 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 (l/IO) 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 annexation petition by all owners of record, or
b. If a lessee, a copy of the Lease Agreement and written
consent of the owner, QE
c. If an authorized agent, a copy of the Agency Agreement
or written consent of the seller/owner, QE
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, QE
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
100 E. BOYNTON BEACH BLVD.
P. o. BOX 310
BOYNTON BEACH, FL 33425-0310
(407) 738-7490
PLANNING DEPARTMENT - APRIL 1991
A: AnnxAppl
( 3 )
C I T Y
o F
BOYNTON
B E A C H
APPLICATION FOR ANNEXATION
DATE APPLICATION FILED:
DATE OF TENTATIVE APPROVAL:
DATE OF COMPLETION OF ANNEXATION REPORT:
DATE OF ORDINANCE PROPOSAL:
DATE OF ORDINANCE ADOPTION:
DATE OF REFERENDUM IF REQUIRED:
RESULTS OF REFERENDUM: FOR:
REJECTION:
ORDINANCE *
REJECTION:
AGAINST
DATE ANNEXATION BECOMES EFFECTIVE:
00 NOT WRITE ABOVE THIS LINE
FOR DEPARTMENTAL USE ONLY
GENERAL DATA
Name of Developer/OWner:
Mr. John T. Loos
Area of SUbject Property: 814,136
Sq. Ft. or
18.69
Acres
Estimated Present Population:
o vacant
3 -5
Existing Zoning: AR (Palm Beach Cty)* Density Allowed: '1n-Q1
d.u.'s
Proposed Zoning:
R-l
Density Allowed: 136
d.u.'s
EXISTING UTILITIES:
Water:
City of Boynton Beach
Wastewater Collection:
City of Boynton Beach
Solid Waste (garbage):
City of Boynton Beach
* The current zoning on this property is AR-Agricultural Residential.
However the Comprehensive Plan designation is MR-5, which would
correspond to an RTU zoning district with a density of 3 to 5 units
per acre.
PLANNING DEPARTMENT - APRIL 1991
A: AnnxAppl
(4)
STATEMENT OF USE
Existing Use:
The land is vacant and not in use at this time.
Proposed Use:
The owner proposes to de'T!'> lop rhp property ~!'l ::I rnnner::lrp-
densitv sin~le family project. pORRihl y llH 1; :dng ::I p~t'; 0 horn!'> lIn; r
JUSTIFICATION
Express in your own words why this annexation will be beneficial
to Boynton Beach, Florida:
The property is presently VRCRnr
Tf ::Innpxpil ~r rnp rpq"",,,,rpn n",nc,; ry, rhe
property will hp nevelopen ~!'l ~ rp!'l;npnr;~l rYnjp~r
'1'}-,; a 'J; 11 ~dQ J hring
units to ~nn prnilllC'P t"~XPR fny rnp r;ry
Alan rhia prnrOYry ;'" ~lre~dy
nearly sllrrmmnpn ny riry l::1nrl ::Inri a"'y'ri...."'''', \in r\;1;,. j~ a logiciill iufill
annexation.
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
LEGAL DESCRIPTION
-- The South one-half (5.1/2) of the Southeast one-quarter
(S.E.l/4) of the South.ast one-quarter (S.E.l/4) of Section
31, Township 45 South, Range 43 East, less the South 40.00
feet for the L-28 canal right-of-way and the East 53.00 feet
for Congress Ave.
Said lands lying in Palm Beach County, Florida, and
cont.ininQ 16.6902 Acr.. more or 1....
PLANNING DEPARTMENT - APRIL 1991
A: AnnxAppl
(5)
.-
..::
I
Name of Development/owner-
Locate the subject property on this maP and shade in the area.
John T. LooS
pLANNING DEPARTMENT - ~RIL 1991
A: AnnxAppl
~
,/
.I
(6 )
OWNER'S 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.
'f. John T. Loos
TYPE NAME OF OWNER ( s )
Sui te 2.01
~ 888 S.E. 3rd Avenue
STREET ADDRESS
-;..,
Fort Lauderdale, FL 33316
CITY & STATE
"
(305) 525-5222
TELEPHONE NUMBER
(305) 525-5244
FAX. NUMBER
PLANNING DEPARTMENT - APRIL 1991
A; AnnxAppl
same
TYPE NAME OF APPLICANT
same
STREET ADDRESS
same
CITY & STATE
same
TELEPHONE NUMBER
same
FAX NUMBER
(7 )
APPLICANT'S CERTIFICATION
(I) (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 of the Official Records of Boynton Beach,
Florida and are not returnable.
APPLICANT IS:
xx OWner
(/~\
optionee
John T. Laos
TYPE NAME OF APPLI CANT
Lessee
888 S.E. 3rd Avenue Suite 20t
STREET ADDRESS
Agent
Fort Lauderdale, FL 33316
CITY AND STATE
Contract
Purchaser
305-525-5222
TELEPHONE NUMBER
305-525-5244
FAX NUMBER
PLANNING DEPARTMENT - APRIL 1991
A: AnnxAppl
(8 )
AFFIDAVIT
STATE OF FLORIDA )
) S5
COUNTY OF PALM BEACH)
Before me, the undersigned authority personally appeared
JO",f"A/ ~ L."oo..s , 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)
LEGAL DESCRIPTION
The South one-half (S.1/2) of th. Southeast one-quarter
(S.E.l/4) of the Southeast on.-quarter (S.E.l/4) of Section
31, Township 45 South, Range 43 East, less the South 40.00
feet for the L-28 canal right-of-way and the Ea.t 53.00 f..t
for Congress Ave.
Said lands lying in Palm B~ach County, Florid., and
containing 18.b90a acre. more or 1.5..
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J. Kilday/Kilday & Associates
,
to act as aqent in his behalf to accomplish the above.
(y i
L"/' ( S NAT OWNER)
A ant
~/~ff--,-:-n~~~~ ~ ~~ ~
~~ .~e/?/~3~ /",7.-93 6/ .,JOA.A/ T. Lf!f;,s c.vAll/J
~~~~~, ~~~~-Z""~
-8'worn to and 5J.I&scribed before me O--rJ~.,
Notar
My Commission Expires:
-,-010'''.~ "'I"''''''l~~'''''''''''''~''''''''"".
PLANNING DEPARTMENT - APRIL 1991
A: AnnxAppl