APPLICATION
J ,
',~' , " I " .\
, . /:~, /Jc'-
'/;/5
,.. .
l
be~Q_Y~s_D~s~Q~5~I_e~QL~B-Bg6Q~!~~-ee~b!~eIIg~
City af Boynton Beach, Florida
Planning and Zoning Board
This application must be fill~d out completely and accurately and
submitted, together with the materials listed in Section II below, in two (2)
copies ~o the Planning D~partment. Incomplete applications will not be
processed. ~
Please Print Legibly or Type all In~ormation.
I. ~s~EBeb_!~EQB~eIIQ~
1. Project Name: _Mg!l_~Q~De~_Restau~ant____________________________
2.
Type of Application (check one)
-------- a. Rezoning only
-------- b. Land Use Amendment only
__X1L___ 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):
_M~!!_~QrngrL~Q~~__cLQ_a~h~Qgd~~_~ud_L~~~haL_e~~______-
Address: ._~222_g1gg~~_BQggL_S~1te_Jl~_AIBIU~_____________________
_~Qg~_BgtQnL_[~_llill_____________~___________________--
Telephol'le.
Number: _1!011_Zil=nlnU_______~_________________________________
~. Ag.nt's Name (person, if any, representing applicant):
"
~
__Kie~an_J__Kilda~-t-Kilday-&-A--ociate.----------------
Address: __1551_Forum-Place~BlQ9--100A---------------------------
West Palm Beach, Fl 33401
--------------------------------------------------------
Planning Department 1-86
page 1
. I
.'
,.
Telephone
Number:
(407) 689-5522
-------------------------------------~------------------
b. Property Owner's (or Trustee's) Name:
-_ f.!c:.~~_<:'~::'~:..::'!... _~~_c:.:.. .L_~~_~c:h..~~~<!.~~~l!..<!._~~;.~t~t?.~~~_____
Address: __~~~~_~~~~~~_~~_~~_~~~~~_~~__~~~_~~____________________
__~~~~_~~t~~L_~~_~~~~l___________________________________
Telephone
Number-:
(407) 241-0300 '
------------------------------------------~-------------
,
7. Correspondence Address (if different than applicant or agent>:*
_JtLl4AY_~~Q~taa___________________________________
__~~~~~~~G~_JU~~_~~________________________
West Palm Beach, Fl 33401
* This is the address to which all agendas, letters, and other
materials will be mailed.
8. What 1s the appl1c~nt's interest in the subject parcel?
(Owner, Buyer, Lessee," BLli lder, Developer, Contract Purchaser, etc.)
--~~QQ~~~-~~---------_._---------------------------------------
9. street Address or Location of Subject Parcel: ~~~___
lQ.~f1 t.e.d _a. t. _th.e....s..Q.u.th.~e.s..t._c.o.t:n.er...Af. _t.he..J..n.t.e r s ~c..t.i..an...o.f._( M~ 11 R n ~ "'1-
Winchester Park Blvd. & Old Boynton Road.
10. Legal Description of Subject Parcel: ___~~t~~~hp~ F.vhihi~_'~~
------------------------------------------------------------------
-------------------------------------------------------------------
------------------------------------------------------------------
.11. Area of Subject Parcel
(to the nearest hundredth (1/100) of an acre}:
~
1.34 acres
-----------------------------------------------------------------
Planning Department 1-86
page 2
. ,
-1
12. Current Zoning District:
_.AB.=.AgrJ. I"'lll.t ur.a.l- Relil i d QA tJ..&J.-.t)J,~4Qt.---
C-3
13. Proposed Zoning District:
14. Current Land Use Catagory:
E~~_J~2l~_~!2~E_S2E~IJ______________
15. Proposed Land Use Category: _SE~~~~l~l_l_~E~~l_~~~l___________
16. Intended Use of Subject Parcel:
Restaurant
------------------------------------------------------------------
.~
----~-------------------------------------------------------------
17. Developer or Builder: _E2~~_~_~~~~J~2~~_________________________
------------------------------------------------------------------
18. Architect:
N/A
---------------------------------~--------------------
19. Landscape Architect:
N/A
------------------------~-------------------
20. Site Planner: '1~ .,
__,j{1 ;:If. ..&.....J>.AAC'I(,!l ;:Ii-PiA _____________________________
21. Civil Engineer: _K~~~_!~3:332_!~~~________________________________
22. Traffic Engineer:
K.S. Rogers, P.E.
--~--------------------------------------------
23. Surveyor: -~orga~~~______________________________________
II. ~eIEB!eb2_Ig_~~_eY~~lIIgR_~!I~_aeEb!geI!Q~
The following materials shall be submitted, in two (2) copies.
<check)
~~__a .
This application form.
_Jf.Jf._b.
~~__c.
.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
____(1) If the property is under joint or several ownership: A written
consent to the application by all owners of record, and
(2) If the applicant is a contract purchaser: A copy of the
purchase contract and wri tten consent o'F the owner and sell'er, and
~
~_(3) If the applicant is represented by an authorized agent: A copy
~ of the agency. agreement, or written consent of the applicant, an~
(4) If the applicant is a lessea: A copy of the lease agreement,
Plann!n; Department 1-86
page 3
and the wr.' ':en consEmt o.f the own nd
(5) If the applicant is a corporation or other business entity:
The riame of the officer or person responsible for the application,
~nd 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
c:: l:lr p CJI" at i r.:>n .
d. 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
i nf onni:\t j, on:
(1) An accurate legal description of the subject parcel.
,-
(2) A computation of the total acreage of the subject parcel to the
nearest hundredth (1/100) of an acre.
(3) A tree survey, which conforms to the requirements of the City of
Boynton Beach Tree Preservation Ordinance. 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.
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 court hause shall be furnished by the applicant.
Postage, and mailing labels or addre55e8 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
Boynb::m Dear.::h.
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.
___g. 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.
h. 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 shall include:
(1) 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.
(2) A statement of the uses that would be allowed in the proposed
zoning or development, and any pa~ticular uses that would be
e:.: c 1 uded.
)lanning Department 1-86
page 4
~
'IV
(3) Proposea ,iming and phasing of the ~evelopment.
(4) For proposed zoning of property to commercial or industrial
districts~ where the area of the subject parcel exceeds one (1) acre~
a market analysis shall be submitted. Said market analysis shall
estimate and take into consideration the availability of all other
properties"within one and one-half (1.5) miles of the subject
parcels~ which ~re zoned fer uses similar to those proposed 9n the
subject parcel, and shall estimate and take into consideration the
vacancy rate of all existing buildings within the ~ame distance which
are occupied by uses which are similar to those proposed on the
sllbj ect par'cel.
(5) A comparison of traffic which would be generated under the
proposed zoning or development, with the traffic that would be
generated under the Cl.lY"r~:mt z on i ng; al so, an anal -,isi s of traf f i c
movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be
necessary to accomcdate such traffic movements. For proposed
developments which would generate three-thousand (3,000) vehicle
trips per day Dr 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 comp~re 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 unincorpo~ated area of Palm Beach County
within a radius of five (5) miles. For those parcels 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 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 listed 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.
~r
(6) 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
~lanning Department 1-86
page 5
Department fr estimating such demand~ less different standards are
justified by... register-ed E~nginf:?er. CO""11itment to the provisicm of
improvements to the water system shall also be included~ where
existing facilities would be inadequate to serve development under
the proposed zoning.
(7) 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 WCIL\ld be generated Linder the e~dsting
zoning. Sewage flows shall be estimated using the standards adopted
by the Palm Beach County Health Department for esti~ating 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
inadeguate to serve development under the proposed zoning.
(8) For proposed residential developments larger t~an one (1) acre, a
comparison of the projected population under the proposed zoning or
d,velopment 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. 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.
(9) At the request of the Planning Department~ Planning and Zoning
Board, or City Council, the applicant shall also submit proposals for
minimizing land use conflicts with ~urrounding properties. The
applicant shall provide a summary of the nuisances and hazards
associated with development under the proposed zoning, as well as
propclsal!5 for mi t. i gat i on suc:h nui,sances and haz ards. 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 lighting. Nuisances an hazards
shall be abated or mitigated so as to conform to the performance
standards coritained in the City~s zoning regulations and the
standards contained in the City~s noise control ordinance. Also,
statements concernini 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 Council, the
applicant shall also state'the type of construction and architectural
styles that will be employed in the proposed development.
(10) At the request. of the Planning Department, Planning and Zoning
Board,. or City Council, the applicant shall also submit the following
information:
'r
(a) Official soil conservation service classification by soil
associ at ions and all areas SU1:.1j ect to i nuncjati on a.nd hi gh ground
water l€~vels.
'lanning Department 1-86
page 6
-
.......___(c) ~I<l~+-:no ot' '/""oPO!U!tJ wotar bodien.
"
____Cd) Fo~m o~ ownQrGh1p ~nd ~o~m c~ ot~anl%atlQn to maintAin common
5p~cRm and ree~m.tion"l 4A~ilitie~.
____(0) A written commltmen~ to the prov1.1on of all nece.sary
facl1it1~5 ~O~ sto~m d~slnQget water 5upply, ..W.OR col1.ctlon
~nd treatment; solid WQ~t~ dlspOU41, h~Z~rdoUR wast. disposal,
-(,1 re p~otecti on, l1't\semQnts O~ ,-1 ght.!J"'Q"'-w~y, roadways, rec,.eatlc:m
.t\nd p,.rtc Br..t\s~ nchcol s:lt(?f;, end othlil~ public imp/""cvements or
d~dlc~t1one Q~ m~y b. ~oquir~d.
~___(11) Fo~ ~azonln9. to planned zOM1nQ dtstr!cto, the .pecific
rgqui,..p-m~nts for subm1s&1on ai app11c~tions fD~ rezonin; to such
dl.t~1cts ~hall a1$0 be G~tir.fip.d. Furthermore, all mAteriAl. rQquir~
for a subdivi,ion m~&tG~ pl~n shall ~lGO b. submitted.
.~
Jl1. eee~1~ellgN_E&s~4 Fe~~ 9h~11 be paid at the tlm~ that tha application
tG .ubmitted, ~cCDrd1nQ to th~ ~eeD which h~ve been .dopt.d by
ordinance or ~esolut1on. The Pl~nnin9 DGpA~tm.nt will in40rm the
applicant a~ to the fug~ which are r~qu1red. All foes ~hal1 bv pAid by
check, payablQ to the City of Boynton ge.~h.
IV. GiBIIEl~eIlg~
I
(I) CWG) und.r~tand that th1s app11~at1on and .11 plan and papers,
c;ubm1 ttmd h.,..C!w1 th become A pa.rt ".f thD plI!/""mll".nt r.corda of th.
Planning and Zoning Board. (I) (We) h~reby eertify t.hat tho abCVd
Dtatementn And any st~tements or sh~wlng5 1n any p~PQr. or plan.
Bubm1tted herewith n~~ t~Ug to the bp.~t b~ (my) (our) knowl.dgQ and
be118f~Thi9 ~pplic~tion will not b~ ~~eQptad unloss ~ignDd
. .ac::r: n ~~::~onG balow. ___~a/~~~_______
ature Of erCs) o~ Tru~te~, or.te
Authort%*d pr1ncipal if p~cpmrty
1. ownRd by'a cgrpo~atlon C~ othar
bustn... .ntlty.
.v.
_JV~/JqCt________ .
't.a~D .
Og (my) <our) ~utha~lzod
____I~IJqJO_______
TO< Pit.
'.
Planning DApartmant 1-96
paag 1
"
.
,
s
~
" '
,AJu.;u,,'.t,c/
/ "19~ ,
, 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:
Mall Corner Restaurant
.-
ADDRESS:
Kieran J. Kilday, Kilday & Associates
1551 Forum Place, suite IOOA
West Palm Beach, FL 33401
AGENT'S NAME:
PHONE:
(407) 689-5522
.'
OWNER'S NAME:
(or trustee's)
ADDRESS:
Mall Corner, Inc.
2255 Glades Road, suite 319 Atrium
Boca Raton, FL 33431
, '.
PHONE:
(407) 24l-0300
I
PROJECT LOCATION: SW corner of Old Boynton Road & Mall ~oad.' "
(not legal description) (Winchester Park Blyd:.
", .
CORRESPONDENCE ADDRESS:* . Kilday & Associates
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials ~ill be fqrwarded.
-1-
t.
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 a~l
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 toa 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, ~
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, ~
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-
(""'\'1
CITY OF BOYNTON BEACH, FLORIDA
APPLICATION FOR ANNEXATION
DATE APPLICATION FILED:
DATE OF TENTATIVE APPROVAL:
REJECTION:
DATE OF COMPLETION OF ANNEXATION REPORT:
.
, "
..
'DATE UF 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
Name of Developer/OWner:
Mall Corner, Inc.
Area of subjec~ Property:
Sq. Ft. or. 1.34 Acres
E~timated Present Population: undeveloped
..
f
Existing Zoning:
AR
Density Allowed:l du/Sac d.u.'s
;.
~
Proposed Zoning: C-3
Density Allowed: N/A
d.u. 's
-
EXISTING UTILITIES
Water: City of Boynton Beach Utilities
'. ---.Was to,:ow ~ t- p r -_Co.L~_,-~t i oZ!.:
City of Boynton Beach Utilties
-- --~----------
-
~.
STATEMENT OF USE
Existing Use: vacant/undeveloped
Proposed Use: Rp~~~11r~n~
" .
. "
,.
~
JUSTIFICATION
Express in your own words why this annexation will be beneficial to
Boynton Beach, Florida:
See Attached Ju~tification
. . ".-...'
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
See Attached Exhibit A
p.
EXHIBIT irA"
A portion o~ Lot ~2 of Subdivision section ~9, Town3hip 45 South,
Ra.nge 43 East as recorded in plat Book 7, at Paqe 19, ot the
Public Record3 of Palm Beach county, Florida, less the South
320.00 feet and less the North 20.00 teet for road right-of-way
and being ~ore particularly described as follows:
Commencing at the Northeast coX'ner of said Lot 4.2 i. thence run
along the East line of said Lot 42 on an assumed bea~inq of South
01-06'03" East a distance of 20.00 feet to a, point of
intersection of the South right-of-way line of Old Boynton Road
. and the West right-of-\oray line of Winchester.~ Park' Boulevard as
now exists, said point also being the Point of Beginning; thence
continue South 01.06' 0311 East along the said West right-of-way
line of Wir.cneflter ParI<: Boulevard a distance of 243.00 feet;
thence South 88.09'06" Wes~ a distance of 307.55 feet to a point
on the West line of said Lot 42; thence North 01.00' 33" West
along the West line of said Lot 42, a distance of 124.60 feet;
thence North 89. 50 '16" East a distance of 139.90 feet; thence
North 01.OOt33Jr West a distance of 127.53 feet to a point on the
said South right-of-way line of Old Boynton Road; thenc.e North
89.50'16" East along the said South right"of-way line a distance
of 167.26 feet to the Point of Beginning
f'-
~
"--,-- ---,._.__._._--_.._-~_._----
lCIIdtIy It . .ocl&
landlcape Archltectsl Planners
11561 Forum Place
Suite 100A
West Palm Beech, Florlde 33401
14071 689-6622 · Felt: 14071 689-2592
JUSTIFICATION STATEMENT
FOR
MALL CORNER RESTAURANT
The petitioner is requesting the annexation of~
1.34 acres of property into the City of Boynt~' Beach.
This parcel of property is located immediately south of
the entrance to the Boynton Mall at the Southwest
Corner of the intersection of Old Boynton Road and
Winchester Boulevard.'The land use designation of the
property in Palm Beach County is Commercial High and in
Boynton Beach is Local Retail Commercial.
The Boynton Beach Comprehensive Plan indicates this
property to be located in Land Use Problems and
Opportunities Area 7.f. This section of the Plan
states:
"This area contains a number of parcels in an
unincorporated enclave, all of which should be annexed.
These parcels have unique characteristics, since there
are relatively few owners, the area is bounded by
collector and arterial roads, and the area is adjacent
to a regional mall and two community shopping centers.
Consequently, the City should encourage intensive
commercial development 1n this area. Particular
requirements of the City should be that these parcels
be annexed prior to development, (and) the parcels be
developed as plC\nned zoning districts ..."
This petition accomplishes all of these goals. This
property's unique location provides for an excellent
restaurant location as an appropriate secondary com-
mercial use to the Mall which is a regional attractor.
Due to this location factor the restaurant will serve a
good amount of passer-by traffic entering and exiting
the mall and have a minimal traffic impact. The pro-
posed use will be totally compatible with other sur-
rounding commercial retail uses.
I.
Since this property is under three (3) acres, it does
not meet the City's minimum area requirement for a
Planned Commercial District.. However, the site plan
has been designed to meet the City's site planning
guidelines' for a Planned Commercial District.
..
I.
!II! 1 1......1- 1 1 l'
City ot Boynton.Beach
~l.!l!,lng Deparlment
,~-af~~~J.S'P!tle~ t!~\olner
Mall Cornero,Tnl'!.
J~1~'90 FRI 1~.41 Iu.~ILDAY b ~SSOCI~TES
. .. . TEL NO: Cf"'7-689-2592
.U 98 PeS
. .
OWNERS "UTHORIZATION
."
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 si~n such a petition must
be attached to and accompany such petition. .
"
cant
MALL CORNER, 1N9.. a Florida corporation
TYPe Name of owner(s)
MICHAEL A. SCHR.ORER
TYPe Name of App cant
..
'.
2255 Glades Road
.
Suite 319 Atrium
2255 nlades Road,Suite 319 Atrium
Street Address
Street Aadress
Boca Raton, Florida 33431
City and state
Boca Rato~,Fl. 33~31
~ City and State
;.
I
(407) 241-0300
Telephone Number
(407) 241-0300
Telephone Number
1,""\,1
'-"
v
, .
. . .
~~~~;CANTts CERTIFI~ATl9~
'. '.0
r ...
I
(1) (we) affirm and certify that (X) (We) u.nc10l"ot,4nd and. will. ','
comply with the provisions and regulations of Boynton Beach, 'Plorida .
Zoning code. (1) .(We) further cert1fY that the above statements or
d1aqr~s made on any paper or plans submitted herewith are t~ue.to the ~"
bestfof (my) (our) knowledqe and belief. Further (I) (We)
understand that this 'application, attachments, and fees become part of
the Official Record~ of Boynton Beaoh, Florida and. are not returnable.
,
: I,
. it"
'..
. ,"
.... \ ,.,
,'. . ~ . .~,:'.
. "
. ,
"
,
....:
. , . .'. ,
.,.. "
. . I t.
o ~.;
. ',\
\, ~'LIC1JfT %8:
\
J
I
. "
. '. '.1
>$
,
owner
-
'. .'.
.
.1. L'
~ "1
'.
Optionee
Mall corne~ Inc~abA.l:A~.SC~oe:
Type Name 0 Appl cant ~e.1Clen~J
I,
,.
.'. ",.
Lessee
2255 Glades Road, su.itle 319 'Atrium,.
Stree~ Address
.
,
. " .
ir....Aqent
aco. Ra~on, FL 33431
City and state
Contract
Purchaser
. (407 h 241...0300
Telep one Number
I . _,I
'.
, ,
. .
~
. "
. . "
"
., .l
J~19-'90 F"RI 17:.....
ID~U'LDAY & ASSOCIATES TEL. NO:dDO_GE
.'592
,a 98 PaG
-
AFFIDAVIT
STAT! OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
,
,. ,.
.'
Before me, the undersiqned authority personally appeared
I .. .
MALL CORNERl. INC,.\. a Flodda CQ.l"DoJ;:stion
MICHAEL A, SCHRQEDER. as Prepident of , wno 1)9 nq 1:).1' me J:,1.rst: auJ.'r lIWorn,
on oath deposes and says:
1. That~tis the fee simple owner of the following described
property, to-wit I (Give legal description)
See Exhibit A attached hereto
.'
.l
(Attach if insufficient space)
2. That k.iaesl~es annexation to Boynton Seach, Florida.
3. That ll.i'has appointed Kilday & Associates
its
to act as aqent in ftt8 behalf to accomplish the above.
ffiant
MICHAEL A. SCHROEDER
Sworn to and subscribed before me
this 29th day of January, 1990,
~~~-
-- 0, oa, ,~~ Large
JRN-~9-'90 FRI 17:41 ID.:K.ILDRY & RSSOCI~TES
. M. TEL NO:407-689-2592
tt198 P05
OWNERS AUTHORIZATION
J
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.
"
MALL CORNER, INC., a Florida
... corporation
MICHAEL A. SCHROEDER
Type Name of Applic~nt
~e Name of OWner(s)
2255 Glades Road
,
Suite 319 Atrium
2255 ~lades Road,Suite 319 Atrium
Street Address
Street Address
Boca Raton, Florida 33431
Boca Raton,Fl. 33431
city and State
City and state
(407) 241-0300
(407) 241-0300
Telephone Number
Telephone Number
**** OWNER IS APPLICANT
**** K!LDAY & ASSOCIATES IS AGENT
/
..
-6-
:J+J1 S (0 (>y
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
nr:. ,Ti::1 Co1Jen, ~'eni/):' City Planner
City of Boynton 2eacj
120 E. E.()"ntcn ::3PC1CL I!ou18vard
ATT.
JLlnuarv 31, 1990
DATE
PROJECT NAME 7 9 9. s u bn i t ta 1 s
PROJECT NUMBER
WE TRANSMIT:
D HEREWITH
o UNDER SEPARATE COVER VIA
THE FOllOWING:
o PRINTS D SPECIFICATIONS D ADDEN~UM
OTRACINGS/SEPIAS [J SUBMITTALS 0 CHANGE ORDER
D SHOP DRAWINGS 0 Copy OF LETTER 0
THIS IS TRANSMITTED TO YOU:
[J FOR APPROVAL 0 FOR REVIEW &COMMENT
o FOR YOUR USE 0 AS REOUESTED
ACTION CODE:
A REVIEWED
B NOT REVIEWED
C REVIEWED & NOTED
D RESUBMIT
E DO NOT RESUBMIT
F RESUBMIT FOR FILES
NO OF
COPIES
DRAWING
OR ITEM NO
DESCRIPTION/REMARKS
ACTION
CODE
DATE
"
-- .
,- .
J .
.'
., .
.' .
( . ;
"l.~~ ~~c:,';r_ll; r'\i:~C~I.LI - T~nl1f~:,:,~.tt()rl, I.i(l.rlJ. Use
3.r, l ::oninq
,CgeEJ::...l \ srl;:\'ICr f-Ti\'l:CiU - Annexa tior" Land
U ""'! c'l nel ~:()n i Ill!
\T.3'- C(IP~ ;I:" (=,{L;"~ ,;\\.!l',\:, '~;) - Z\nncx:lt: ion, .L.'lflCi.
r; '0 (;];1 (1 := () r, in..-,
( " ) c' r ~~ ., - '] ~ IT 7 ~ 1" r. ~ l' - . 1 .' t' 1 .
.' )J.'( ...'J. ~u ~"L'J\. .Lf(_'......JJ :,jld' Jt- .\1\rlf2"<3 ~J.0n, J._JI.Jllll
L~:;C' 'lnLl ZO~inrf
(< V' w ~'L, ,~l\CJ BLVDlj~.~'_ 'Iii RL'-l\1tNfiU:ca t icn,
LU1d Use ace :~oninq
,\ IV.sE~: r':'''i' 1)[0' FLT'.. TF:U ~'r.l' Pi\ECD, - l\nne::a t j on
Lel!'([ Cse c1nd--='1.oni9']
l);\'-.;.LL:
:'-.1:(' '.11) l'Y:
----'-------
COPIES TO
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONC
WITH ENCLOSURE
o
o
o
o
o
FILE CODE
SHOP DRAWING DIV
SIGNED
,_..:l!!!I[____,____<_,!~.~~ ,_,_<_-____~"___
Kilday & Associate.
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
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
Land
Annexations.
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. I"lr. 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, wil set up a formal meeting with yourself,
myself, and Mr. Michael Schroeder, attorney for the
Winchester's and. in tact. applicant 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. have submitted site plans and Site Plan
Review data sheets for all of the projects except the large
annexation (Mal I South). We are not requesting site plan
approval for any of the projectsat this time. However. due to
the special regulations required for some of the uses and our
desire to indicate intensity of the proposed use (which
relates to the traffic study submitted as part af the
rezoning requests). we believed this information was
necessary for zoning purposes. Separate applications for site
plan approval wil I be made at a later date.
-~'!!"n.";:" .
-- ==-::~::_.:_:_:n___________________~'-__
11r. Jim Golden
.January :31. 1990
Page 2
Addressing the specific requests before you. the fol lowing
should supplement the applications:
1. Mall 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 for 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 wil I 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 at the site would require submittal at 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.
Proposed Service Station This application includes
Annexation. Land Use uesignation. and Rezoning. In our
past conversations. references were made to special
language contained within the Comprehensive Plan
regarding the property south of the Boynton Mal I (Area
7f). I have carefully read this section. It includes
the fol lowing verbiage, "...particular requirements ot
the City should be that these parcels be annexed prior
to development, that parcels be developed as planned
zoning districts...". 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
.,.
'!.r:~~
-.--..--.--..-- --
_:::..~~- _....~
MI'. Jim Golden
January 31. 1980
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". 1 do not believe
that any text amendment is necessary to accommodate the
rezoning of these parcels to C-3. In factJ the City's
Code requires specific site plan approvals for 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 C-3 Zoning District. However. due to the
tact that there are special regulations, a site plan has
been submitted with this application.
3. Mal I 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 Oi I Change faci I ity. Clearly, this faci I ity
does not meet the definition in the Zoning Code for
Major Auto Repair. Therefore. it is assumed that it is
a permitted use las are Service Stations) in the C-3
Zoning District. I will 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
Local Retail Commercial. in part, and lioderate Density.
'.w.
.-~:;.:-:..-:. -~
-,-,::-~
,-- - -- -=-~-:.:=--.-:....:=--==-
l"1r. Jim Golden
.Januarv 31. 199\)
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
tHigh Intensity), in part, and Commercial Recreation in
pa I' 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 wil I take
place at a later date.
6. 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.
Whi Ie all 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 trlese applications and answer any questions.
However. I believe you need adequate time to make 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 at the City
helping to relieve some of the burden on the residents.
Thank yOU very much tor your assistance in this matter to
::0::' :
--..,::....., :
*.,
.., -,-,,- ..~----------,----,-----_..,---
I'll'". Jim Go I den
January 31, 1990
Page 5
date.
future.
Sincerely,
~
Kieran J.
KJK/lsk
am
looking
torward
Gene Moore
8i 11 Winchester
Michael Schroeder
F i 1 e
c. c.
T;. -;tr~.
to working with you in the
-~-"~,..._-
_____~~:- _. " _____ .)0.'