APPLICATION
K,S, ROGERS, CONSULTING ENGINEER, INC,
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
December 18, 1990
Mr, Christopher Cutro
Planning Director
City of Boynton Beach
120 N,E. 2nd Avenue
Boynton Beach, FL 33425
RE: Winchester Projects
Knuth Road I Boynton Beach Blvd,
Dear Mr. Cutro:
In response to our recent telephone conversation, I am writing
you this letter to expound on the information submitted in my
report dated December 10, 1990. In that report, we made adjust-
ments to the projected traffic on Boynton Beach Boulevard and
Congress Avenue reflecting the amount of traffic expected to be
diverted from these roads once the Woolbright Road extension and
the N.W, 22nd Avenue interchange at 1-95 are constructed.
-~
"
The amount of traffic expected to be diverted as a result of the
construction of the missing link of Woolbright Road was obtained ~
from "WOOlbright Road, Palm Beach County, Florida, Traffic Analy-
sis", September 28, 1987, by Barr, Dunlop & Associates, 1nc,
This study was commissioned to demonstrate the need for Wool-
bright Road. That study indicated that a substantial number of
trips would be diverted off of Boynton Beach Boulevard both east
and west of Congress Avenue,
The estimated diversion off of Boynton Beach Boulevard as a
resul t of the N. W. 22nd Avenue interchange was calculated in-
house. This office analyzed both the A,M, and P,M. peak hour
turning movements at several major intersections and the 24 hour
volumes on the adjacent roadway links to estimate the amount of
traffic either originating or having a destination north of Boyn-
ton Beach Boulevard which would use the N. W. 22nd interchange
when available. The intersections analyzed were:
Boynton Beach Blvd, and 1-95
Boynton Beach Blvd. and Old Boynton Road
Boynton Beach Blvd, and Congress Avenue
Boynton Beach Blvd, and Lawrence Road
Old Boynton Road and Congress Avenue
RECEIVED
DEe 18 _
PLANNING DEPT.
-
-
Mr, Christopher Cutro
Planning Director
City of Boynton Beach
December 18, 1990
Winchester Projects - Page Two
A review of the diverted trips on Boynton Beach Boulevard west of
Congress Avenue appears to show an inconsistency, The calculated
diverted traffic totals 14,000 trips per day. This number is
higher than what logic or common sense would support. Thus, for
the purposes of presentation for these projects, the total di-
verted traffic was reduced to 10,000 trips per day to conform
with good judgment.
I hope this additional information provides you with the data
that you require, If there is anything else we may do, please
call me directly.
Very truly yours,
/~~~
K,S. RO RS, P.E.
KSRI j r
CC: Mr, Kerry Kilday
K,S, ROGERS, CONSULTING ENGINEER, INC,
1495 Forest Hill Boulevard, Suite F
_ West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
December 18, 1990
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
120 N.E. 2nd Avenue
Boynton Beach, FL 33425
RE: Knuth Road Extension
Dear Mr, Cutro:
Mr. Kerry Kilday has requested that I comment on the planned
extension of Knuth Road between Woolbright Road and Boynton Beach
Boulevard, As a little bit of history, Knuth Road has been a
planned roadway by the City of Boynton Beach for a considerable
period of time. The City required the Stonehaven project to
protect right-of-way for its future development.
Knuth Road has always been meant to be a minor collector roadway
primarily for the residential development in the area immediately
west of Congress Avenue to access both Woolbright Road and Boyn-
ton Beach Boulevard,
From a planning prospective, Knuth Road is extremely important to
provide north, south alternative access for the residents in the
area other than Congress Avenue. Short distance trips are meant
to be made via collector roadways leaving the arterial roads for
the longer distance trip. If short length collector roads are
eliminated forcing all trips onto the arterial system, the
arterial system will fail and concurrency will not be able to be
achieved,
Very truly yours,
;5<\<J
RECEIVEf'
KSR/jr
QjC 18 lS
PLA.NNll"lG DEf-T.
f"
CC: Mr, Kerry Kilday
~
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K.S. ROGERS, CONSULTING ENGINEER, INC,
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
December 10, 1990
Mr, Christopher Cutro
Planning Director
City of Boynton Beach
120 N.E. 2nd Avenue
Boynton Beach, FL 33425
RE: Winchester Projects
Knuth Road I Boynton Beach Blvd.
Dear Mr, Cutro:
It has been requested that we provide further documentation in
support of the letter prepared by this office dated December 3,
1990, That letter addressed the recently announced construction
programs which will both add capacity to the nearby roadway
system and also divert traffic off of roadways in the immediate
area of the project,
The two roadways which were shown to have some potential capacity
problems in the original Analysis submitted in January 1990 are
Congress Avenue and Boynton Beach Boulevard, The back up infor-
mation shall focus on these two roadways, AddreSSing Congress
Avenue first, since the preparation of the Analysis, Palm Beach
County has awarded the contract and construction has commenced
for the widening of Congress Avenue from four to six lanes from
Boynton Beach Boulevard to Miner Road. This construction will
mean that Congress Avenue within the project's study area will be
a six lane divided road. This widening will also provide ade-
quate capacity to that section of Congress Avenue which showed a
potential deficit.
There are two road projects on Boynton Beach Boulevard which will
provide additional capacity. Palm Beach County has scheduled the
widening of Boynton Beach Boulevard from four to six lanes from
Old Boynton Road to 1-95. This construction has been scheduled
for this fiscal year, The second widening is from Military Trail
to the Florida Turnpike. This widening is being done by FOOT,
Boynton Beach Boulevard is being widened from two to six lanes
from Military Trail to El Clair Ranch Road and from two to four
lanes west of El Clair Ranch Road to the Turnpike,
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
December 10, 1990
Winchester Projects
Page Two
There are two other roadway improvements which are expected to
lessen traffic on Boynton Beach Boulevard and Congress Avenue by
diverting traffic onto parallel facilities. The missing link of
Woolbright Road, between Congress Avenue and Military Trail, is
presently under construction. This link will divert traffic off
of the links of Boynton Beach Boulevard from 1-95 to Military
Trail. FOOT has scheduled for construction during the current
fiscal year the construction of an interchange with 1-95 and N.W.
22nd Avenue. This interchange is also expected to divert traffic
off of Boynton Beach Boulevard from 1-95 to Military Trail as
well as Congress Avenue from Boynton Beach Boulevard to N.W. 22nd
Avenue.
The projected total traffic at each project's buildout was calcu-
lated for these roadway links, The total volumes for each
project are shown in Figures A & B. As it has been almost a year
since the submittal of the original analysis for these two
projects, the existing traffic volumes have been updated from
1989 to 1990 AADT. Similarly, the growth rates have been adjust-
ed to reflect the 1990 AADT Volumes, Reviewing these Figures it
is seen that adequate road capacity is available for these
projects. The cumulative impact of each of these two projects is
shown in Figure C, There is adequate capacity for both of these
projects,
If you should have any further questions, please do not hesitate
to contact me.
Very truly yours,
~~.,.....--S
K.S. GERS, P.E,
Fla. eq, No. 24068
KSRI j r
Encl,
HISTORICAL GROWTH CALCULATIONS
HISTORICAL EXIST,
GROWTH 1990 1991 1992 1193
RATE MDT MDT MDT MDT
BOYNTON BEACH BOULEVARD:
I-95 - Old Boynton Road 5.59% 45,335 47.869 50,545 53.370
Old Boynton - Congress 7.01% 33,112 35,433 37,917 40,575
Congress - Knuth 12.63%(2) 32,060(1) 36,109 40,670 45,806
Knuth - Lawrence 12.63%(2) 32,062(1) 36,109 40,670 45,806
Lawrence - Military 11 . 69% 28,002 31,275 34,981 39,015
Military - El Clair 9.23% 23,660 25,843 28,228 30,833
CONGRESS AVENUE:
N.W. 22nd - Old Boynton 5.84% 30,878 32,681 34,590 36,610
Old Boynton - Boynton BB 5.84% 30,878 32,681 34,590 36,610
Boynton BB - S,W, 15th 12,34% 28,628 32,161 36,129 40,588
(1) The 1990 MDT for this link of Boynton Beach Boulevard was
measured at 37,954 which is a 38.7% (10,589 tpd) increase over
the 1989 MDT. Reviewing the relative increase in the 1989 to
1990 MDT volumes for the north, east and south sides of the
intersection of Congress Avenue and Boynton Beach Boulevard,
there was no similar increase found. Therefore, it is assumed
that this 37,954 trip per day figure is an anomaly and should not
be utilized, A volume of 32,060 was projected for this link
based upon a relationship established with this link and the
other three links of the intersection with Congress Avenue and
the link of Boynton Beach Boulevard east of Military Trail.
(2) Based upon an estimated 1990 MDT of 32,060 tpd.
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C
ROAD/Link
BOYNTON BEACH BLVD:
1-95 - Old Boynt.
Old Boynt, - Congress
Congress - Knuth
Knuth - Lawrence
Lawrence - Military
Military - El Clair
CONGRESS AVENUE,
NW 22nd - Old Boynt.
Old Boynt. - Boynt BB
Boynt. BB - SW 15th
BACKGROUND TRAFFIC
HISTORICAL
GROWTH
8,035
7,463
13,746
13,746
11,013
7,173
5,732
5,732
11 , 960
MAJOR
PROJECT
TRAFFIC
-0-
-0-
-0-
-0-
-0-
10,692
3,493
-0-
-0-
BACKGROUND
TRAFFIC
8,035
7,463
13,746
13,746
11,013
17,865
9,225
5,732
11,960
.
Mr, Christopher Cutro.
Planning Director, City of Boynton Beach
December 3, 1990
Knuth Road PCD
Boynton Beach Blvd. PCD
Page Two
4. The Florida Department of Transportation (FDOT) has
committed to the widening of Boynton Beach Boulevard from two to
four lanes from the Florida Turnpike to El Clair Ranch Road and
from two to six lanes from El Clair Ranch Road to Military Trail,
This construction is scheduled to commence during the first
quarter of 1991.
5, FDOT has scheduled the construction of the interchange
on 1-95 with N.W. 22nd Avenue during the current fiscal year.
This interchange is expected to initially divert a minimum of
8,000 trips per day off of Boynton Beach Boulevard between Con-
gress Avenue and 1-95 and off of Congress Avenue between Boynton
Beach Boulevard and N.W. 22nd Avenue.
6. Palm Beach County has scheduled improvements to the link
of Boynton Beach Boulevard between Old Boynton Road and 1-95
which will expand that link to a six lane road. This work will
be completed during the current year.
The completion of this considerable list of roadway projects will
provide a substantial amount of additional roadway capacity in
the area around these two projects, These improvements will also
allow for the redistribution of traffic away from Boynton Beach
Boulevard and Congress Avenue and onto Woolbright Road (S.W, 15th
Avenue) and onto N.W. 22nd Avenue, With this additional roadway
capacity and the redistribution of traffic which is expected, it
is concluded that there is adequate roadway capacity available
for these two projects and that the City's goals and objectives
for providing adequate capacity have been met.
Very truly yours,
K.S,
Fla.
S, P.E,
No. 20468
KSR/jr
(cr:commtp2.krd:Dec90#1)
Kilday & A..oeiate.
Landscape Architects/Planner<;
1551 Forum Place
Suite 100A
West Palm Beach, Florida 334)1
(407) 689-5522 . Fax: 14071 689-2592
~~,~
~rp~
June 15, 1990
Mr, Vincent A, Finizio
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
Re: Knuth Road P.C,D. - Our File #799.5
Boynton Beach Boulevard P,C.C. - Our File #799.9
Tara Oaks P.U.D. - our File #799.10
Dear Mr. Finizio,
Attached please find three (3) copies of the revised
Master Plans for the above referenced projects. These
have been revised pursuant to your Technical Review
Board comments (3ngineering Department Memoranda Nos.
90-101, 90-102, 90-103) including the specific verbiage
agreed upon at the Planning and Zoning Board meeting on
June 12, 1990.
Sincerely,
Kieran J.
Attachments
cc: Jim Golden; Boynton Beach
Bill Winchester
Mike Schroe'ler
>
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
December 3, 1990
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
120 N.E. 2nd Avenue
Boynton Beach, FL 33425
RE: Knuth Road PCD
Boynton Beach Blvd. PCD
Reply to DCA Response
Dear Cutro:
We have been asked to prepare a reply to the comments prepared by
the Department of Community Affairs (DCA) concerning the compati-'
bility of the traffic impacts from these proposed commercial
developments and the City of Boynton Beach Comprehensive Plan,
.
Since the preparation of the Traffic Impact Analysis for the two
projects, a number of traffic related developments have tran-
spired which impact these projects. These traffic developments
are:
1. Palm Beach County has awarded the contract for and
construction has commenced on the four laning of Woolbright Road
(S.W. 15th Avenue) between Congress Avenue and Military Trail.
Computer estimates prepared by Palm Beach County show that there
is expected to be a 10,000 trip per day decrease in traffic on
Boynton Beach Boulevard between Military Trail and Congress
Avenue and a 3,000 trip per day decrease in traffic on Boynton
Beach Boulevard between Congress and 1-95.
2, Palm Beach County has awarded the contract for and
construction has commenced for the expansion from four to six
lanes of Congress Avenue from Boynton Beach Boulevard north of
Miner Road.
3. Palm Beach County has awarded the contract for and
construction has commenced for the expansion from two to six
lanes for Military Trail from Boynton Beach Boulevard north to
Hypoluxo Road.
K.S. ROGERS, CONSULTING ENGINEER, INC,
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
June 12, 1990
Mr. Timothy Cannon, Acting Director
Planning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Knuth Road PCD
Dear Mr. Cannon:
Please accept this letter as an Addendum to the Traffic Impact
Analysis, Knuth Road PCD, dated January 30, 1990 which was origi-
nally prepared by this office, The Addendum has been prepared in
accordance with the letter report addressed to you by Walter H.
Keller Jr" P,E. dated May 29, 1990,
The following points discussed in Mr, Keller's letter have been
addressed as follows:
1, Traffic Counts - This office did perform field counts of
roadway links where there were no established count stations. A
summary of these counts are shown in the attached AppendiX G,
2, Mall Road - The existing and projected traffic volumes on
Mall Road are shown on the revised Figures 2 and 4.
3, Woolbriqht Road Extension According to an analysis pre-
pared by the Metropolitan Planning Organization (MPO), the exten-
sion of Woolbright Road between Congress Avenue and Military
Trail will cause the traffic on Boynton Beach Boulevard between
Congress Avenue and 1-95 to reduce by 3.000 trips per day and
will reduce the traffic on Congress Avenue between Boynton Beach
Boulevard and Woolbright Road by 4000 trips per day, The total
.'
traffic volumes as shown in Figure 4 for Boynton Beach Boulevard
~~~n:ongress Avenue have been adjusted to reflectItjEt:~li[)
JUN 1 A 1;90
PU>.NNI,j\.:i udr.
- .. '
Mr, Timothy Cannon, Acting Director
Planning Department
City of Boynton Beach
June 12, 1990
Knuth Road PCD - Addendum
4, Siqnificant Links
which were identified as
revised Figure 4.
The projected traffic on the links
missing by Mr, Keller are shown in the
5. Trio Distribution and Assiqnment This office does not
agree with Mr. Keller's comments concerning the distribution in
the Lawrence Road I Mil i tary Trail corridor north of Boynton
Beach Boulevard, However, a revised distribution and assignment
was performed as requested by Mr. Kell er, This revised assign-
ment is shown in the revised Figures 3 and 4, This revised
assignment does show two links of Military Trail with Significant
Impacts, however, there is adequate capacity to accommodate this
additional traffic,
6, Boynton Beach Boulevard The section of Boynton Beach
Boulevard between Military Trail and Jog Road is shown as having
a widened capacity of 46,400 trips per day (six lane divided).
7, Peak Hour Volumes The discrepancy between the peak hour
generation and the volumes shown in Figure 5 has been corrected,
A revised Figure 5 is attached. As the changes to the volumes at
the intersection of Boynton Beach Boulevard and Knuth Road were
minor (and showed a decreased in volumes) it was determined that
it was not necessary to revise the intersection capacity analy-
sis.
Reviewing the total volumes as shown in Figure 4 with the crite-
ria established by the City of Boynton Beach, this project meets
the approval criteria with the exception of the link of Boynton
Beach Boulevard, between Old Boynton Road and 1-95, Until this
I ink of road is reI ieved by the construction of the N. W. 22nd
Avenue interchange with 1- 95, some temporary congestion on this
link can be expected,
..
Very truly yours,
~~~
K,S. RorrERS, P,E,
Fla, Reg, No. 24068
iE{;ilVED
J,W]N I r1~ H9ft'
Pj,t~~NVNI.?P(;)e1'J.
KSR/jr
Encl.
...
CC: Mr, Walter H, Keller, Jr., P,E,
Mr. Kerry Kilday, Kilday & Associates
APPENDIX G
FIELD COUNTS PERFORMED
1, Knuth Road approximately 75 feet south
of Boynton Beach Boulevard:
Count:
Date:
2,042 tpd
Jan 22/23, 1990
2, Knuth Road approximately 100 feet north
of Boynton Beach Boulevard:
Count:
Date:
668 tpd
Jan 22/23, 1990
3. Mall Road approximately 100 feet north
of Boynton Beach Boulevard:
Count: 4,135 tpd
Date: Jan 22/23, 1990
NOTES:
(1) All counts were performed by staff members of K,S, ROG-
ERS, CONSULTING ENGINEER, INC" with junior counters,
(2) These counts, which were performed during the peak
season, were not factored to MDT vol urnes due to the lack of
comparable data,
.
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5
Kilday & A..oelata.
Landscape Architects/Planners
1551 Forum Place
Suite l00A
West Palm Beach, Florida 33401
(407) 689-5522 . Fax: (407) 689-2592
,-~,
" .>
February 26, 1990
J, Scott Miller
Boynton Beach City Manager
PO Box 310
Boynton Beach, FL 33425-0310
Re: Attached memo from James J, Golden,
S~nior City Planner
Dear Mr. Miller,
Today I was somewhat dismayed to received a copy of the
attached memo regarding six annexation requests my
office submitted to the City of Boynton Beach. As we
discussed in the meeting held with you last week, these
applications represent the annexation of a significant
area within the planned expansion area of the City,
previously, similar applications had been made and then
subsequently withdrawn for a portion of the sites. It
is my belief that the City of Boynton Beach should
annex these properties (as indicated in your own Com-
prehensive Plan) and that the ultimate use of and rev-
enue created by these properties will be of benefit to
the City.
Therefore, I am chagrined to see the word "incomplete"
occur on the second line of the attached memo, This
term is extremely important in assessing the applica-
tion of traffic performance standards to these individ-
ual parcels, In adopting the Palm Beach County Traffic
Performance standards Municipal Implementation Ordi-
nance, the term "Complete Application" is described~as,Ii' ";"'v'r;'D-
.I,.~)i..... \ .tiL:,J .ti
MAR 1 1990
PLANNiNG DEPT.
,
~
Scott Miller
Golden Memo
February 26, 1990
Page 2 of 4
"An application filed with the municipality which
satisfied the application requirements of state
law; all agencies; and the relevant land develop-
ment regulations, the general rates and policies
adopted, and the customary general practices of
the municipality."
Applications submitted to the municipality prior to
February 1, 1990 would continue to be reviewed accord-
ing to the traffic regulations in effect in the munici-
palities, For that reason, all six of the applications
were submitted on January 31, 1990.
The letter to my office of February 13, 1990 which is
referenced and attached to the memo in no place util-
ized the term "incomplete". My office interpreted
this letter as the normal review which takes place upon
any application submitted to the City and we deemed it
to be "the customary general practice of the municipal-
ity", ,We did not deem it to be a statement that the
applications were "incomplete". In fact, many of the
items requested in this application had already been
submitted on January 31, 1990, and should not have been
referenced therein, In any event, a reply letter was
prepared by me on February 26, 1990. This letter indi-
cated which items had previously been submitted, al-
though copies of the items were attached again in the
event they were misplaced. My recent letter was pre-
pared according to the normal sequence of application
submittal and review and update.
I am writing you at this time to make sure that the
City makes a determination of "complete application"
strictly in accordance with the definition provided
in the Ordinance, I feel assured that utilizing the
normal City criteria, it will be agreed that complete
applications were presented to the city on January 31,
1990.
Because I know Palm Beach County has taken a critical
interest in this matter and talked to the Planning
Department several times and that the City Planning De-
partment has provided the County Engineer with a copy
of their February 13th letter, I should clarify the
Scott Miller
Golden Memo
February 26, 1990
Page 3 of 4
fOllowing fact. The application for the annexation of
'-. < '" .
49 acres of property~designated commerc~al on both the
Palm Beach County's and the City's Comprehensive Plan
will, in fact, have to meet the new county wide Traffic
Performance Ordinance, No development plan was submit-
ted at the time of this submittal and it is the under-
standing of the owner, Mr, Bill Winchester, that any
future development will have to meet the Traffic Ordi-
nance in place at such time an application is made.
This application was not intended to meet any special
deadline but was the result of a recognition that the
property belongs in the City of Boynton Beach and
should be planned and developed under the City's Muni-
cipal Ordinances, Additionally, Mr, Winchester fully
understands and intends to comply with the stipulation
in the text of the Comprehensive Plan which indicates
that this property "should" develop as a Planned Comm-
ercial District, Mr, Winchester has indicated that
such a stipulation could be made a condition of the
annexabion approval providing further safeguards that
the property will not develop except in accordance with
whatever traffic standards are in effect at the time
the application is received and that the property will
not develop without a proper determination as to
whether a development of regional impact is being
requested.
Finally, the planning staff and I have not been able to
agree on whether a text amendment is in fact necessary
for the three annexation parcels which are less than
three (3) acres in size, These parcels do not meet the
minimum size for a Planned Commercial Development and
therefore cannot request the same. As I indicated in
my January 31, 1990 cover letter to the Planning De-
partment, I believe the word "should" as opposed to
"shall" provides discretion to the City Council. I
suggested to staff that the matter be discussed by the
City council at the same time as any discussion regard-
ing "binding letters" regarding the Development of Re-
gional Impact issue. At that time I will make myself
available to explain the distinctions contained in the
Code and the reason why these three parcels should be
entitled to proceed forward through the approval pro-
cess without any text amendment being necessary.
J. Scott Miller
Golden Memo
February 26, 1990
Page 4 of 4
This letter ~~vers a lot of issues. I will be happy to
meet with you and'd~scuss anyone of these matters in
greater detail. Mr. Winchester previously committed in
your office that he recognizes these parcels properly
belong in the City of Boynton Beach and intends to move
forward with this annexation as originally submitted,
I am hopeful that we can resolve any issues of inter-
pretation in the City Council meeting so that the mat-
ter may proceed in a timely manner,
Sincerely, ~
~'2~~-:UY7j:;;t~1
KJ~. KJ.ldfY C/
Enclosures
cc: Tim Cannon
Jim Golden
Bill Winchester
Michael Schroeder
.
. r, III
~~,~:-'''''1r{.~
treOlure
" COOl.t I
,,,,,,A reglona
planniog
council
rv'~~
.
st. lude
martin
."
.f.
.
~
:~;
.:'
August 20, 1990
,it;
-.'
Mr. Robert Arredondo
Department of community Affairs
Bureau of state Planning
2740 centerview Drive
The Rhyne Building
Tallahassee, FL 32399
Subject: city of Boynton Beach Local Government
comprehensive Plan Amendments
Dear Mr. Arredondo:
'.-
,
Pursuant to the requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida statutes, the Treasure Coast Regional
Planning Council reviewed the amendments to the City of
Boynton Beach Comprehensive Plan at its regular meeting on
August 17, 1990.
Comments were approved by Council for transmittal to the
State Department of Community Affairs pursuant 1:0 sections
163.3184, Florida Statutes, for consideration by the City
prior to adoption of the amendments,
Evaluation
\
i "
.,
r:
J
It
. ~
1
"
.,
1
.
The proposed amendments have been reviewed i.n accordance
with the requirements of Chapter 163, Florida Statutes,
Council's review procedures, and Council's adopted plans and
policies. Enclosed is a copy of the full staff report to
Council, The report was formally adopted by Council at its
regular meeting with no revisions,
If you need additional information or have any questions,
please do not hesitate to call.
Sincerely,
;z-, -:f /I-/:r-
Daniel M, cary
Executive Director
-
ex::
James Golden
322' t.w. moIfIn down. blYd..
,uHe 205 . p.o. box 1529
palm city, Ilortdo "'90
phone (0401'1 221....060
sc 26'....060 tox (.cO?) 221....067
rJ~.(.1~1\TED, RECEIVED
1\\\r:, ?,~ 1000 AUG 22 '1990
rv.n;i\; ~c; DEI'I. CITY MANAGER'S OFFII
---~
-
DMC: lb
..-
TREASURE COAST REGIONAL PLANNING COUNCIL
M E M 0 RAN DUM
To:
Council Members
AGENDA IT81 6Bl
From: Staff
Date: August 17, 1990 Council Meeting
subject: Local Government comprehensive Plan Review -
Amendments to the City of Boynton Beach
Comprehensive Plan
Introduction
Pursuant to the provisions of the Local Government
Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes (FS), the Council must be
provided an opportunity to review and comment on comprehensive
plan amendments prior to their adoption, The City of Boynton
Beach has submitted proposed amendments to the State
Department of Community Affairs (DCA), which in turn is
seeking Council's comments.
Council's review of the information provided by the DCA is to
focus on the consistency of the proposed amendments with the
regional policy plan developed pursuant to section 186,507,
FS, A written report, containing any objections,
recommendations for modification, and comments (as defined in
Chapter 9J-11, Florida Administrative Code) is to be provided
to the DCA within 45 calendar days of receipt of the plan,
elements or amendments,
Backaround
.
On January 10, 1990, the DCA issued a Notice of Intent to find
the comprehensive plan for the City of Boynton Beach not in
compliance, pursuant to Section 163,3184, FS, AS part of this
finding, the ADOPTED plan was found to be Inconsistent with
the Regional Plan.
The city of Boynton Beach is considering draft amendments to
the text and policies pursuant to a stipulated settlement
agreement with the DCA. In addtion, the City is considering
five draft amendments to the Future Land Use Map,' not related
to a stipulated settlement agreement. The locations of the
properties under consideration are shown on the accompanying
map, and the number of acres and proposed changes in land use
designations are summarized in the following list:
1
CITY OF BOYNTON BEACH
DRAFT COMPREHENSIVE PLAN AMENDMENTS
FUTURE LAND USE MAP
Current proposed
Map Amend. Approx. Land Use Land Use
No, No. Acreaae Desianation Desianation Aooroximate Location
1 494 13,9 *Commercial Local Retail Southwest Corner of
High/3 and Commercial Boynton Beach Boulevard
Commercial and Knuth Road,
Recreation
2 493 14,8 *Residential Local Retail South side of Boynton
8 units Commercial Beach Boulevard,
per acre between Post Office
and stonehaven PUD,
3
473
20,1
Low Density Medium
Residential Density
Residential
Between the Lake Worth
Drainage District L-25
and L-26 Canals; west of
the Lakes of Tara PUD,
4
471
1.1
Recreational Moderate
Density
Residential
'Within Woolbright
Place PUD: 1,800 feet
north of Woolbright
Road.
5
**
1.3
*Commercial
High/8
Local Retail
Commercial
Southwest corner of
Old Boynton Road and
Winchester Park
Boulevard.
* County Designation - Annexation request has been made,
**(unnumbered) Mall Corner Restaurant
Evaluation
Amendment No. 494 is located on the southwest corner of
Boynton Beach Boulevard and Knuth Road. This property has
been proposed for annexation into the City, The current
county designations for the property are Commercial High/3 for
the northern third and Commercial-Recreation for the southern
two-thirds, while the proposed City designation is Local
Retail Commercial,
Amendment No, 493 is located on the south side of Boynton
Beach Boulevard, between the Post Office and the Stonehaven
PUD, This property is a county enclave which has been
proposed for annexation into the city. The current County
designation is Residential/8 units per acre. The proposed
2
city designation is Local Retail Commercial, Both of the
proposed changes in land use designation (amendments '493 and
#494) would allow additional retail commercial in the area.
The city of Boynton Beach adopted comprehensive plan indicates
that there may be up to 198 acres of excess commercial land at
buildout. However, this figure may be reduced to a surplus of
only 30 acres when certain adjustments are taken into
consideration, The plan concludes that the supply of
commercial land in the Boynton Beach market area will be
sufficient to meet the demand. Since the southern two-thirds
of the property represented by Amendment No. 494 has been
designated as residential by the city in their plan for the
reserve annexation area and the County's Commercial-Recreation
designation would not allow office and retail commercial uses,
a change to Local Retail Commercial would increase the supply
of commercial land.
Amendment No. 473 is located between the Lake Worth Drainage
District Canals L-25 and L-26 and west of the Lakes of Tara
PUD. The proposed land use change would allow an increase in
residential density from 4,84 dwelling units per acre to 9,68
dwelling units per acre,
Development on these properties would be required to connect
to the City's central water and sewer lines; however,
sufficient water treatment capacity will not be available
until July 1991, according to the City of Boynton Beach
utilities Department.
~Traffic on portions of Boynton Beach Boulevard is projected to ~
exceed capacity and no improvements have been recommended.
Development on these properties should comply with the
Countywide Traffic Performance Standards to ensure consistency
with the Regional Plan,
Amendment No. 471 is located within the Wool right Place PUD,
The proposed land use change is the result of a settlement
agreement between the developer and the City. The parcel was
originally dedicated to the City as a public park site;
however, the park will be relocated to a 3.5-acre recreational
parcel outside the PUD which will be dedicated to the city,
The Mall Corner Restaurant amendment is located at the
southwest corner of Old Boynton Road and Winchester Park
Boulevard. This property is being proposed for annexation
into the City; therefore, the proposed land use change is to
incorporate the property into the City's Future Land Use plan,
The change would not allow additional commercial within the
City, In addition, water and sewer services are available to
the property.
3
staff has an objection to two of the above proposed Future
Land Use Map Amendments. In addition, staff has one objection
to a policy change in the Traffic Circulation Element.
Obiections. Recommendations for Modification. and Comments
Amendments No, 494 and No. 493
A. obj action
1. Regional Goal 16.1.2 is to provide for a balanced, well-
planned, compatible mix of land uses which are
appropriately located, and Regional Policy 16.1,2,2
calls for Future Land Use Maps of government
comprehensive plans to be based upon surveys, studies,
and data regarding the amount of land required to
accommodate anticipated growth, the projected
population, the character of undeveloped land, the
availability of public services, the ability fo
government to provide adequate levels of service, and
the need for redevelopment. The need for additional
commercial land at these locations has not been
demonstrated by the City. The city's comprehensive plan
documents an existing over-allocation of commercial land
use,
Recommendation for Modification
1, Provide an analysis which demonstrates the need for
additional commercial land at these locations within in
the city of Boynton Beach. If such a need can be
documented, additional changes to the City plan may be
warranted.
Traffic Circulation Element
A, Obj action
1. Modified Objective 2.1 allows for a lower level of
service to be maintained on several regional roadway
facilities than called for in Regional policy 19,2.1.3.
Policy 19.2,1,3 states that the regional roadway network
shall be maintained at Level of Service (LOS) C or
better during annual average daily conditions and LOS 0
during peak season, peak hour conditions. The City
proposes a "maintain" level of service on four specific
regional roadways within the city's juriSdiction. They
are: 1-95 from Boynton Beach Boulevard to Woolbright
Road; Boynton Beach Boulevard from Old Boynton Road to
Congress Avenue; Congress Avenue from Boynton Beach
Boulevard to the south City limits; and Hypoluxo Road,
east of 1-95. The city standard allows for LOS E to be
maintained on these facilities which is not consistent
with Regional Policy 19,2,1.3; If the City has
4
determined that lower levels of service are appropriate
in order to successfully implement other city goals
(i.e., redevelopment), then the City would need to
provide a complete rationale for the lower levels of
service, perhaps in conjunction with the submission of a
Downtown Development of Regional Impact,
Reoommendation tor Modification
1. The City should adopt a level of service for all
regional roadways in its jurisdiction that is equal to
or better than Council's LOS C/O policy 19,2.1.3. LOS C
shall be maintained during average annual daily traffic
conditions, and LOS D shall be maintained during peak
season, peak hour conditions,
Recommendation
Council should adopt the comments outlined above and
their transmittal to the State Department of Community
in fulfillment of the requirements of Chapter 163,
Statutes.
approve
Aff?lirs
Florida
Attachments
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MALTER H, KB..LEll.Jl.. INC.
Cllnsl/J/ in, en,in,lf's . PJIIIVIlf'S
CI1r,J Sprinp. F'Jllf'ifU
,
MAYOR
AI Meria"
VICE MAYOR
F'alrlcla Weeks
COUNCIL
WIlham Hanway
Carmel Self
Ken Schultz
Ronald E. Young
PLANNING AND
ZONING BOARD
Harry Gren
(Chairman)
George Deltlinger
(VIce Chairman)
Carmine Bruno
Vello KovalSlnen
Joe. Cardinal
TOWN CLERK
Barbara L. Searls
BUILDING OFFICIAL
Dick Packard
TOWN ATTORNEYS
Manley Caldwell
Charles Sehoech
Mary Viator
.
Telephone
(407) 582,0155
Town Hall
Office Hours
103.m .2 p.m.
TO\.'"N OF HYPOL~XO
Home of the Barefoot Mailman
7010 South U,S, Highway 1. Hypoluxo, Florida 33462-5493
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AUG ~8
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August 6.
1990
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,::.1.
_A. ..
Mr. Terry Hess. AICP Pla~ning Coordinator
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Boulevard, P,O. Box 1529
Palm City, Florida 34990
Subject: City of Boynton
Comprehensive Plan Documents.
Beac~1
Local
Government
Dear Mr. Hess.
Receipt of your letter dated July 25,
acknowledged.
1990 is hereby
Your giving us the opportunity to comment on the
Boynton Beach Comprehensive Plan Documents is greatly
appreciated,
'Boynton P,each and Hypoluxo have been enjoying a rapport
for many years. We are pleased to inform you that we
continue to maintain our cooperative and harmonious
rela'tionship with the Mayor, the Commissioners, the
Appointed Officials and their very fine staff.
The writer takes this opportunity to thank
valuable assistance and understanding that
the Town of Hypoluxo.
YOLI for your
you have given
Sincerely,
{.~( '):<...1.. t~'>\
Al Merion
Mayor
cc.The Honorable Gene Moore, Mayor and Commissioners
AM:tem
11
,
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, '
EN3INEERI~ DEPNt1MENf MIMlRllNDUM NO. 90-103
April 17, 1990
W: J. Scott Miller
City Manager
FROM: Vincent A. Finizio
Acting Assistant to the City Engineer
RE: T,R.B. Ccnnents
Knuth Road P.C.D. (Annexation)
Rossi & Malavasi Engineers, Inc.
Kilday and Associates landSCape Architects/Planners
In conformance with the City of Boynton Beach, Florida, Code of Ordinances,
l\ppendix "C", Subdivision and Platting, Article VIII, Section 4, "Master
Plan", the applicant for the above referenced project shall subnit the
follCMing technical data, information and plan corrections:
1. Provide a tract boundary which includes bearings, Appendix "C", Article
VIII, Section 4C(6) "Dimensions & Bearings Required".
2. Provide location(s) and test results of required geotechnical investigations.
lIppendix "C", Article VIII, Section 4C(lS) "SUbsurface Soil Conditions",
.
3, Provide a statement on the master plan indicating the availability of
utilities (telephone, power, water, sewer, gas, etc.) in coordination with
alli:-equired utilities, Appendix "C", Article VIII, Section 4C(l7)
"Utilities Statement".
4, 13ased upon the data provided within the Traffic Irrpact Analysis provided '*
by the applicant this project in accordance with Palm Beach County
Ordinance 1187-18 is classified as a '''Significant Project" and the
following statarent shall be provided on the Master Plan docunenl:
KNlJrH ROllD p.c.n. SIW,L CCMPLY WITH TIlE REQUIREMENrS SEIT' Fffi'TIl WI'ImN
PAlM BEAm cnMl'Y 1'RAFFIC PERFOOMIINCE SfllNDARDS OODINANCE /187':'18,
U~^".."..d A:-:b'-':r
Vincent A. Finizio
VAF/ck
cc: Jim Golden, Senior City Planner
. ,
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CITY of
BOYNTON BEACH
@
OFFICE
100 E. Boynton Beach allld.
P. O. Box 310
Boynton Beach. Florida 33435-0310
(407) 734,8111
OF THE PLANNING DIRECTOR
April 3, 1990
Palm Beach County Engineering Dept.
Attn: Mr. Charles Walker
PO Box 2429
West Palm Beach, Fl 33401
RE: Traffic Impact Analysis For Two Shopping Centers Proposed on
The South Side of Boynton Beach Boulevard West of Congress
Avenue
Dear Mr. Walker:
Enclosed you will find a copy of the traffic impact analysis and
master plan for the fOllowing annexation, land use element amend-
ment and rezoning requests to Planned Commercial Development
(PCD) :
1, Boynton Beach Boulevard PCD
2. Knuth Road PCD
These projects were submitted to the City on January 30, 1990 and
are being reviewed by the City's traffic consultant for consis-
tency with the Traffic Circulation Element of the City of Boynton
Comprehensive Plan.
Please forward any comments that you may have by May 31, 1990 for
incorporation in the June public hearing proceedings.
Very truly yours,
CITY OF BOYNTON BEACH
t~'-/' )~,
JAMES . GOLDEN
Senior City planner
JJG:frb
Enc
cc: Timothy Cannon
A:CWalker
1 !
ROSSI AND MALAVASI
ENGINEERS. INC,
CONSULTING ENGINEERS
~I~
-+ t(&M+
~I~
580 VILLAGE BOULEVARD, SUITE 140
WEST PALM BEACH. FLORIDA 33409,1904
(407) 689'()554
FAX: (407) 689,1109
April 16, 1990
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
ATTN: Mr. Jim Golden
Assistant City Planner
RE: Application for Re-zoning and Annexation for tbe
Proposed Development of Tbree Parcels of Land to
be Entitled: BOYNTON BEACH BLVD. P.C.D.
KNUTH ROAD P.C.D.
TARA OAKS P.U.D.
Dear Mr. Golden:
Enclosed are six (6) copies each of the Conceptual Drainage Plan
and Master Water and Sewer Plan for each of the three (3)
referenced re-zoning applications. The seventh set was hand
delivered to Mr. Peter Mazzella.
Should you have any questions, please do not hesitate to contact
our office.
Very truly yours,
R~~LAVASI ENGINEERS, INC.
~;-~~~~
-EnrtCo Rossi, P.E. R.ECEIVED:"
,
ER/jh
APR 16 1990
PLANNING DEPT.'
Mr. Chuck Yann~~Q \
Kilday and Associates ~
Mr. Bill Winchester
"
enc.
cc:
BoaNt of County Commissioners
Carol J, Elmquist. Chairman
Karen T, Marcus, Vice Chair
Carol A, Roberts
Ron Howard
Carole Phillip,
County Administrator
J an Winters
June 5, 1990
Department of Engineering
and Public Warks
James J, Golden
Senior City Planner
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, FL 33435-0310
RE: TRAFFIC IMPACT ANALYSES FOR
BOYNTON BEACH BOULEVARD PCD AND KNUTH ROAD PCD
Dear Mr, Golden:
As requested by your letter of April 3, 1990, the Palm Beach County Traffic
Division has reviewed the traffic reports for the two proposed shopping centers
entitled Boynton Beach Boulevard PCD and Knuth Road PCD. The following comments
are submitted for your consideration:
1) Based upon copies of correspondence from your office to the applicant's
agent (Kilday & Associates, Inc.) dated February 13, 1990, we do not
consider the applications for these projects to have been complete prior
to February 1, 1990 and therefore vested against the new Countywide Traffic
Performance Standards (County Ordinance 90-7) as per the Municipal
Implementation Ordinance (County Ordinance 90-6). To comply with these
County Ordi nances, new traffi c reports need to be submi tted by the
applicant to your office as well as our office for review.
2) If the outparcels on each of the shopping center site plans will be
specifically limited to restaurant and financial institution use, their
trip generation should be separately calculated at the higher rates that
are representative of these land uses rather than included as part of the
general retail commercial area,
3)
Under Test #1 of the new Countywide Traffic Standard (which is comparable
to the previous unincorporated area standard - County Ordinance 87-18),
s i gni fi cant project traffi c woul d occur on two 1 inks of Boynton Beach
Boulevard that are projected to exceed their existing and committed
capacities. No improvements are recommended for either of these two links
(Military Trail to El Claire Ranch Road and Old Boynton Road to Interstate
95). Without some commitment from these developers to improve~~e two
links the traffic standard is violated. ~~'~1?Jr~l?1:)
-8
'I J () '\1']'" ' I ]' ,PLArvlV".,'G 1990
"(HI :'(jUd ppurtunity -' lrm",tlH' /1cllon :mp oyer ", DEPr..
BOX 2429 WEST PALM BEACH. flORIDA 11402-2429 (407) 684-4~
@ printed on recycled paper
Kilday & Aaaoelataa
Landscape Architects/Planners
1551 Forum Place
Suite 100A
West Palm Beach. Florida 33401
(407) 689-5522 . Fax: (407) 689-2592
~---. .
,- ..
February 26, 1990
J, Scott Miller
Boynton Beach City Manager
PO Box 310
Boynton Beach, FL 33425-0310
Re: Attached memo from James J. Golden,
S~nior City Planner
Dear Mr, Miller,
Today I was somewhat dismayed to received a copy of the
attached memo regarding six annexation requests my
office submitted to the City of Boynton Beach. As we
discussed in the meeting held with you last week, these
applications represent the annexation of a significant
area within the planned expansion area of the City.
Previously, similar applications had been made and then
subsequently withdrawn for a portion of the sites. It
is my belief that the City of Boynton Beach should
annex these properties (as indicated in your own Com-
prehensive Plan) and that the ultimate use of and rev-
enue created by these properties will be of benefit to
the City.
Therefore, I am chagrined to see the word ,"incomplete"
occur on the second line of the attached memo, This
term is extremely important in assessing the applica-
tion of traffic performance standards to these individ-
ual parcels, In adopting the Palm Beach County Traffic
Performance Standards Municipal Implementation Ordi-
nance, the term "Complete Application" is described~ aS7ti' i :-'V "~-D
,I,,~J.-,' ,,",;A' -U_
MAR J 1990
PLANNING DEPT.
..
Scott Miller
Golden Memo
February 26, 1990
Page 2 of 4
"An application filed with the municipality which
satisfied the &ppIication requirements of state
law; all agencies; and the relevant land develop-
ment regulations, the general rates and policies
adopted, and the customary general practices of
the municipalitv."
Applications submitted to the municipality prior to
February 1, 1990 would continue to be reviewed accord-
ing to the traffic regulations in effect in the munici-
palities. For that reason, all six of the applications
were submitted on January 31, 1990,
The letter to my office of February 13, 1990 which is
referenced and attached to the memo in no place util-
ized the term "incomplete", My office interpreted
this letter as the normal review which takes place upon
any application submitted to the City and we deemed it
to be "the customary general practice of the municipal-
ity", .We did not deem it to be a statement that the
applications were "incomplete". In fact, many of the
items requested in this application had already been
submitted on January 31, 1990, and should not have been
referenced therein, In any event, a reply letter was
prepared by me on February 26, 1990, This letter indi-
cated which items had previously been submitted, al-
though copies of the items were attached again in the
event they were misplaced. My recent letter was pre-
pared according to the normal sequence of application
submittal and review and update.
I am writing you at this time to make sure that the
City makes a determination of "complete application"
strictly in accordance with the definition provided
in the Ordinance. I feel assured that utiliZing the
normal City criteria, it will be agreed that complete
applications were presented to the city on January 31,
1990.
Because I know Palm Beach County has taken a critical
interest in this matter and talked to the Planning
Department several times and that the City Planning De-
partment has provided the county Engineer with a copy
of their February 13th letter, I should clarify the
"
_.__.._________n________..___ _____ _ ~___~_____._
Scott Miller
Golden Memo
February 26, 1990
Page 3 of 4
fOllowing fact. The application for the annexation of
"-' ...
49 acres of property~designated commercial on both the
Palm Beach County's and the City's Comprehensive Plan
will, in fact, have to meet the new county wide Traffic
Performance Ordinance. No development plan was submit-
ted at the time of this submittal and it is the under-
standing of the owner, Mr, Bill Winchester, that any
future development will have to meet the Traffic Ordi-
nance in place at such time an application is made.
This application was not intended to meet any special
deadline but was the result of a recognition that the
property belongs in the City of Boynton Beach and
should be planned and developed under the City's Muni-
cipal Ordinances, Additionally, Mr. Winchester fully
understands and intends to comply with the stipulation
in the text of the Comprehensive Plan which indicates
that this property "should" develop as a Planned Comm-
ercial District, Mr, Winchester has indicated that
such a stipulation could be made a condition of the
annexation approval providing further safeguards that
the property will not develop except in accordance with
whatever traffic standards are in effect at the time
the application is received and that the property will
not develop without a proper determination as to
whether a development of regional impact is being
requested,
Finally, the planning staff and I have not been able to
agree on whether a text amendment is in fact necessary
for the three annexation parcels which are less than
three (3) acres in size, These parcels do not meet the
minimum size for a Planned Commercial Development and
therefore cannot request the same. As I indicated in
my January 31, 1990 cover letter to the planning De-
partment, I believe the word "should" as opposed to
"shall" provides discretion to the City Council. I
suggested to staff that the matter be discussed by the
City council at the same time as any discussion regard-
ing "binding letters" regarding the Development of Re-
gional Impact issue. At that time I will make myself
available to explain the distinctions contained in the
Code and the reason why these three parcels should be
entitled to proceed forward through the approval pro-
cess without any text amendment being necessary.
J. Scott Miller
Golden Memo
February 26, 1990
Page 4 of 4
This letter QQvers a lot of issues. I will be happy to
meet with you-and'd~scuss anyone of these matters in
greater detail, Mr, Winchester previously committed in
your office that he recognizes these parcels properly
belong in the City of Boynton Beach and intends to move
forward with this annexation as originally submitted,
I am hopeful that we can resolve any issues of inter-
pretation in the City Council meeting so that the mat-
ter may proceed in a timely manner,
Sincerely,
~~y~~/
KJ~, Kildp C/
Enclosures
cc: Tim Cannon
Jim Golden
Bill Winchester
Michael Schroeder
-.- -~._--~ .------.,----------
PLANNING DEPARTMENT MEMORANDUM NO, 90-174
TO: Chairman & Members
Planning & Zoning Board
THRU:
, h ~I C
T~mot y P. Cannon
Interim Planning Director
FROM: James J. Golden
Senior City Planner
DATE: June 7, 1990
SUBJECT: Knuth Road PCD - Conditions of Zoning Approval
With respect to the above, please be advised of the following:
1. A master plan modification will be required if a drive-thru
restaurant is proposed at the outparcel site (Sections
6.F.5.a and 6.F.13 of Appendix A-Zoning),
2. Right-of-Way to be dedicated in accordance with the Palm
Beach County Right-of-way Thoroughfare Protection Map and
POlicy 2.6.3. of the Comprehensive Plan. Said right-of-way
dedication should include any right-of-way that is necessary
for expanded intersections.
3. Pursuant to the Traffic Impact Review prepared by Walter H.
Keller, Jr., Inc" dated May 29, 1990, the applicant's
analysis of impacted roadways is incomplete and should be
revised in accordance with the recommendations contained in
said Traffic Impact Review. The applicant's analysis should
also address the finding by the Palm Beach County
Engineering Department (see letter dated June 5, 1990) that
Boynton Beach Boulevard from Military Trail to El Clair
Ranch Road would be over capacity. With regard to the
County Engineer's comment that the link of Boynton Beach
Boulevard from Old Boynton Road to I-95 will be over
capacity, it should be noted that this link will be improved
by Palm Beach County, however, this link will still be
overcapacity according to the findings in Mr. Keller's
report.
4. Roadway improvements recommended by the developer's traffic
consultant and the City's traffic consultant, pursuant to
approval of the revised traffic impact analysis by the
City'S traffic consultant, should be bonded prior to final
plat approval. The bonding of said roadway improvements
should be coordinated with the City's Engineering
Department.
5, The billboards that exist on the property should be removed
within 60 days of annexation, as they are not allowed under
the City's sign ordinance.
,
"
/;.tu..<. /
JAMES/J.
, ,
I
~ 'I'
/ . ~,(....x.;;.t:Ii\,,,,,,
GOLDEN
JJG:cp
A:PM90-174
".,:.<;j
"
~;'-
,-
Geotechnical &. Construction Materials
Hydrogeology &. Monitoring Wells
Engineering' Inspection' Testing
March 28, 1990
Bill Winchester
P. O. Drawer 1240
Boynton Beach, FL 33425
Re:
Knuth Road PCD
Knuth Road & Boynton Beach Blvd.
Boynton Beach, FL
Gentlemen:
Per request of Chuck Yannette of Kilday & Associates, Nutting Engineers of Florida, Inc. has
performed geotechnical engineering services for the referenced project, namely a site inspection and
review of the soils map. The results of our evaluation are presented hereafter.
EXISTING SITE CONDITIONS
The referenced site is located at the southwest corner of Knuth Road and Boynton Beach Boulevard
in Boynton Beach, Florida. The site is 13.9 acres and has dimensions of approximately 614' in the
east-west direction and 984' in the north-south direction. For the most part, the site is open field
used for grazing of cattle. Pine trees were noted along the west side and a large stockpile of soil
within the south center of site. There are some shed type buildings located on site. The boundary
survey indicates on site elevations ranging from a low of +15.4 to a high of +18.5. Visually the site
appears level. The grades along Boynton Beach Boulevard average approximately +17.5 and along
Knuth Road from +13.5 at the south property line to +17.5 at Boynton Beach Boulevard. Quail Ridge
Golf Course is located to the south and west of the site.
SUBSURFACE CONDITIONS
The United States Department of Agricultural Soil Conservation Service Soils Map for Palm Beach
County indicates that the surficial soils at the referenced project are the Basinger series which
consists of nearly level, sandy soils formed in thick beds of sandy marine sediments. The sand colors
range from white to dark reddish brown to pale brown and the sand is typically fine. Permeability
is typically rapid.
The soils map indicates the BasingerjMyakka depressional sands along the west side, south half.
These are nearly level, poorly drained, sandy soils in shallow depressions. Thin shallow organic zones
are sometimes associated with this soil series.
The closest significant organic deposits indicated on the soil map are approximately 1,000' to the
east and 1,800' to the west of the site.
The groundwater may normally be anticipated to be of the order of 4' to 5' depth however, may be
deeper during the current drought conditions.
CONCLUSIONS
Based on our inspection of the site and review of soils maps it is our opinion that the site can be
readily developed for the intended commercial usage using conventional construction techniques.
Of course, a geotechnical investigation should be performed prior to construction during the design
phase to assess the subsurface conditions at specific building locations. Such test borings will
determine the presence or absence of deleterious materials and will determine the density and any
ground modification procedures required in providing suitable support for the proposed construction.
1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33426
Boynton Beach (407) 736.4900 . Pompano BeBch (305) 941.8700 . FAX (407) 737-9975
"
We appreciate this opportunity to be of service and would look forward to working with you and
your consultants during the geotechnical investigation and construction phases. Should you have any
questions, please do not hesitate to contact the undersigned.
Sincerely,
NUTTING ENGINEERS OF FLORIDA, INC.
JaJ!lt~~(!//
Florida Registration #21083
Vice President/Chief Engineer
Attachments:
Limitations of Liability
cc: Kilday & Associates
1551 Forum Place
Suite 100 A
West Palm Beach, FL 33401
KNUTH/pm
@NUTTING
~ ENGINEERS
OF FLORIDA, INC.
ESTABLISHED 1967
..
"
-
\
..-..
KildBY & Associates
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
14071 689-5522 . Fax: (407) 689-2592
February 26, 1990
Mr. James J. Golden
Senior City Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435-0310
RE: Boynton Beach Annexation Parcels
Dear Mr.. Golden,
This letter provides a response to your letter of Februa~y
13, 1990 concerning six Annexation, Comprehensive Plan
Amendment, and Rezoning applications which were submitted to
you on January 31, 1990. Prior to discussing the individual
parcels involved, there are several generaL issues which need
resolution. These are:
1.
Text Amendment - As indicated in my previous letter to
you of January 31, 1990 (Item No.2 - Proposed Service
Station), I do not be I ieve a Te)(t Amendment is necessary
regarding those three parcels which are less than three
acres in size and therefore not eligible far
consideration as Planned Commercial Districts. As
indicated then. the crilical language in the
Comprehensive Plan is the word "should" as opposed to
the word '''sMa II tt. ' Obv ious J y,. these three parce 1 s of
land which do not Ineet the minimum three acres criteria
for a Planned Commercial District cannot. in fact. be
zoned as Planned Commel'cial Districts. We have reviewed
the Ordinance and find no provisions for any waiver from
this requirement. Because of this, we have. made
appl ication for straight C-3 zaning~ However" as y.ou are
well aware, the City Comlllission may place conditions
UpOl1 any Annexation approval similar in nature to
conditions which could be placed upon an actual Planned
Commercial District. Because there seems to be some
uYlcer'L8inty regarding the interpretation of this section
of tile Comprellensive Pion. 1 would therefore request
lha-t this matter be discussed by the Ci ty Comm~s~on as
to their intent in including this lanr;uap:e in t'M~.2IVED
MAR 1 1900
PLANNING Df;;PT.
.
Hr. James J.
February 26.
Page 2
Golden
1990
2. Development of Regional Impact - Your letter of February
13, 1990 indicates that these applications when
considered "either separately or together may constitute
a Development of Ref-ional Impact". I need further
clarification of this issue. I have reviewed the
Statutes and do not find any indication that Development
af Regional Impacts must requested at this time. [
agree with you that the City Commission should probably
make a final decision regarding this item. Perhaps we
can schedule the Text Amendment and the DRI issue on the
same agenda and resolve these matters together.
3. Ownership - My letter of January 31, 1990 was incorrect
in one critical assumption. At that time, 1 indicated
that Mr. Winchester had some involvement in all of the
parcels being submitted. Subsequently, learned that
that is not the case. For your information, J am
attaching Warranty Deeds indicating the ownership of
each of the parcels being submitted. Specifically, Mr.
Winchester has no involvement in either the Mall Corner
~arcel which was purchased in 1988 from the Florida Gas
Transmission Company or the University of Florida Trust
parcel which has been owned by the Trust since 1986.
Additionally, I am attaching a map showing the names of
the ownerships of the various parcels between Old
Boynton Road and Boynton Beach Boulevard. You will note
that these parcels we~e purchased at v~rious times and
in various combinations of names. For the purpose of
this Annexation, we have ~athered these parcels
toget.her. But again, there is no development plan being
requested at this time and we will further stipulate
that no development will take place on the 49 acre tract
until an actual Planned Conlmercial District is requested
by the pelf tianel". (However. in the meantime, we are
requesting a Commercial Land Use designation and Zoning
District be applied to this property in order to be
consistent with both Lhe City and County Plans,)
Regarding
f 0 I low i n g
your specific concerns
response is provided:
for each nppl icati.on ~the
I. Proposc_c;L?~rvic~_?t;::d;~_L9_1J. - This .80 acres of property is
located at tl,e southwest corner of North Congress Avenue
and Old Boynton Road 3nd is owned by Bill Ray Winchester
and Elsie A. Winchester. Applications submitted are for
Annexation. Land Use Element Alnendment. and Rezoning.
I..
Applicant
necessary..
disagy.ees
As sCaLed
that a Text Amendment is
above, the applicant requests
.'
MI'. James .J.
Februat'y 26,
Page 3
Golden
1990
that this matter- be discussed at the City
Commission level.
2. Additional copies of the property owners list, talC
map and affidavit are attached.
3.
Items 6 and
this site
However, we
Consulting
by you in
attached.
7 of the application do not apply to
as the parcel is less than one acre~
did submit a statement by K.S. Roget's,
Engineer, providing the data requested
your letter. An additional copy is
I I. Pr().E2?_()..st2L'?,)_L_?oLl.!J}_P;o,r,~.!,-!. - This 1'9.52 acre pa.rcel is
located on tile east and west sides of Winchester Park
Boulevard between Old Boynton Road and Boynton Beach
Boulevard and is owned by Bi II R. Winchester, Elsie A.
Winchester. and Ernest Klatt. The applications are for
Annexation, Land Us@ Element Amendment, and Rezoning~
1. A Text Amendment is not needed as the applicant has
already agreed to stipulate in the Annexation
agreement that no development will commence prior
to a Rezoning of the property to a Planned
Commercial District designation. However, the
applicant is requesting C-3 ZoninB at this time to
ensure that the property is entitled to develop
consistent with batt) the County and the City Land
Use Plans. Ttle stipulation regarding no
development until a Planned Commercial District is
approved for this site is sufficient to satisfy the
Text requirenlents of the Plan.
2. Additional copies of the property owners list, tax
maps arld affidavi!: a~e attached.
3.
The
of
has
ConsenL of Ernest Klatt was
the appl i.cation.. l-Iotv(?vel',
been a'ltached tlereto.
submitted as p~rt
an addition~! copy
4. Pursuant to our diScussion with tile City Forester,
a veget.ative assp.ssment will be sufficient at this
time. Such :1.n as!:~e~':;SITl0nt. ),5 att3ched here'toa
5. I terns (a)~ (b). ,:IDe] (c) \'-'er~ included in the
application as "lial South Justification Impacts".
This document al!~o addressed Item (d) regarding
traf1"ic. BeCaljS~ there a,re no development plans
far the property at this time ~nd because the
MY". James J.
February 26.
Page 4
"
Golden
1990
applicant has further stipulated that no
development will take place prior to the approval
for a Planned Commercial District and/or
Development of Re~ional Impact (if applicable), a
traffic comparison cannot be enlertained at this
time. Similarly, Items (e) and (f) regarding
sewage flow cannot be calculated without a known
use for the site. Again~ a "specific development
plan wil 1 be required in order to assess future
employment..
./
/1
f 1 I.. e_!:.~ose~n.-_LL-G9_~_f]_~_Ji~.~J:..~<:1_':f?2':~ - Th i s 1.31,. acre parce I
is located at the southwest corner of Old Boynton Road
and Winchester Park Boulevard and is owned by Mall
Corner, Inc.. Appl ications: are for Annexation, Land Use
Element Amendment. and Rezoning.
3.
4.
5.
1.
Applicant
necessary.
that this
Commission
d i sagl"ec~s
As stated
matter be
I eve l.
that a Text Amendment is
above, the appJ icant requests
discussed at the City
2,
Information contained in the
by this office from our
duplicated on n standard
attached.
application
computer
City form
submitted
has been
which is
Additional copies of the property owners
map and affidavit arc attached.
list, tax
Signature of the applicant on PaRe
submitted. However. an additional
attached herf..~in.
fi \~as previously
copy has been
The proposed
indicat.ed on
app I ieat ion.
be noted an
attachc::!d.
squa,re footaRB for the restaurant was
the sit.e plan Stlblnitted as part of the
"rile square footage has additionally
the revised "Requirements (el and (h)n
,
G. It is csl:i,rnated that Ltl~ rosta~rant will provide
approxilllately 50 employment opportunities. In all
pr'obabi 1 ity, ther(~ \"i.ll be 25-,30 employees working
on anyone shift. However. while hours of
operation have not been fully defined, it is
estimated tt_at at least lwo shifts wil I be required
for the restaurant. Tllis I"atter has been
incorporated under the revised "Requirements (g)
and (h)" of the application.
Mr. James J. Golden
February 26. 1990
Page 5
IV. Proposed Retail/Oil Lub~ This 2.44 acre site is
located at the northeast corner of West Boynton Beach
Boulevard and Winchester Park Boulevard and is owned by
Winchester, Winchester1 Zeiher, and Schroeder, a Florida
General Partnership~ Applications are for Annexation,
Land Use Element Amendolent. and Rezonine.
1.
Applicant
necessary.
that this
Commission
disagrees
As stated
matter be
level.
that a Text Amendment is
above, the applicant requests
discussed at the City
2.
Additional copies
map and affidavit
of the property owners
are attached.
list,
tax
3. The term CO"lmercial-3 has been amended to "C-3".
4. Additional information pertaining to proposed
square footage has been added to the revised
"Requirements (g) and (h) which is attached,
5. Additional information pertaining to employment
figures for the project has been added to the
revised "Requirements (g) and (h) which is
attached.
V. Proposed Knuth RO.'!c1-J.1.i?-_':!!'.!"...<L-..f.(lmmercia I .Deve J opment-
This 13.871 acre parcel is at the southwest corner of
West Boynton Beach Boulevard and Knuth Road and is owned
by the Wincl)ester Family Partnership, Ltd. and various
members of the Winchester farnily~ Applications are for
Annexation. Land Use Element Amendment, and Rezoning.
1. An additional $100.00 filing fee is attached.
2. A Comprehensive Plan Text Amendment application is
attached. Previously. the applicant was under the
impression that the Comprehensive Plan Amendment
appJicalion which WRS ~ubmitted as part ~f.the
oVRrnll Annexation, Comprehensive Plan and Rezoning
appllcation was sufficient to indicate that change
on tho Plan. However. based upon your letter, we
are in agreement that a separate Text Amendment
\.,il1 be req1.Jil~ed.
3.
Additional copies of the property owners
{naps and affidavit are attached.
list. tax
Lt- .
The
siR1l8 turl:;-;>
of
l".ht:
applicant on PORe 6 of the
11r. Jamt-!s J.
February 213.
Page 6
Golden
1990
Annexation applica'tion has
attached.
completed and is
been
5. As with the other applications, the applicant did
indicate the proposed square footage on the
previously submitted site plans. However. these
figures have additionally been added to the
attached revised "RequIrements Cg) and (h)ff.
6.
Employment calculations have been
attached revised nRequirements (g)
included
and (h)".
in
the
7. Documentation submitted by the applicant indicates
tllat the property is und~r single ownership and is
currently subject to Unified Control. Attached
herein you \o/i I t find an additional document
indicating ttle willingness of this owner to
maintain Unified Control pursuant to the
requirements of the City of Boynton Beach in the
future and require any future owners to likewise
a~ree.
V I. PrgJ~g...?f'~~_Q,y_!U:ol]_J3e_~~J-~_~..!?..!.-.!...L~vard p l <l~l).n_~E~ Comlnercia I
_p'eve-1-~.E..~_~~~_- This 14.76 a.cre parcei is located on the
south side of West Boynton Beach Boulevard and is owned
by the University of Florida Foundation, Inc. Charlene
Boynton. and Dona.ld Lo~o/e. Applications are for
Annexotion. Land Use E~ement Anlendment. and Rezoning.
2.
3.
4.
,-
co.
G.
1. An ndditiona I $1.00.00 fi I ing fee is aLtached.
l\ Comprehensive
attachr::-d.
Plan "rext ^mendment application is
Additional copies of the property owners
maps and affidavit are attached.
I ist, tax
Pursuant to
8. vegp.tative
1:hp. .TanuElry
survey which
our discussion with the City Forester,
a5se~:sment ,,""as submi ttcd as ~art. of
31. 1090 application in lieu of.a t.ree
\.Ji I I bE.' submi tted at n 1 ater date.
Th~ proposed
the revised
attached.
has
( ~p
been
and
included
(h) which
in
is
~;qu;Jr~ t'aotag!'?
"Rcqu:i rements
Employment calculations
revised ~Rcquil'ements
attachi?d.
have
(g)
added to the
(hl which is
been
and
. .
Mr~ .Jnmes J.
February 26.
Page 7
Golden
1990
7. Documentation submitted by the applicant indicates
that the property is under single ownership and is
currently subject to Unified Control. Attached
herein you wil J find an additional document
indicating the willingness of this owner to
maintain Unified Control pursuant to the
requirements of the City of ~oynton Beach in the
future and require any future owners to likewise
agree.
8. Page 7 of the Land Use Element Amendment/Rezoning
application has been completed and is attached,
If you have any questions concerning any of the above, please
do not hesitate to contact me.
Sincerely.
/
~
Kieran J. Ki day
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
"
January 31, 1990
Hr. Lindsey Walters
Kilday & Associates
1551 Forum Way
BUilding 100A
West Paim Beach, FL 33402
RE: Knuth Road PCD
Water Useage
Dear Lindsey:
At your request, this office has projected the water and sewer
demand for the above project. The Palm Beach County' Health
Department has developed wate, useage standards for different
'land uses. For gener'l retail uses which do not include restau-
rants, a flow rate of 0.1 gallons per day per square foot of
floor area has been establ ished. As the exact useage of this
center has not been establ ished, only estimates, based upon a
reasonable guess of the amount of restaurant use, can be made.
An average daily water useage of 32,840 gallons per day has been
calculated for this project based upon the fOllowinq assumptions:
General Retail Space
Restaurant Space
(435 seats)
110,900 sq.ft. @ 0.1 gal/sq.ft.
9,100 sq.ft.
@50 gal/seat
.
7his parcel of land is currently zbned agricultural in Palm Beach
County. As such, an average flow of 350 gallons per day per unit
at the existing ~oning would generate an average of 1,050 gallons
per day.
The County's 'Comprehensive Plan shows commercial designation for
this site. Thus, there is no difference in expected flow rates
between this request and that which would be allowed according to
development regulations if developed according to <:l County's
Comprehensive Plan.
Mr. Lindsey Walters
January 31, 1990
Knuth Road peD
Pilge Two
"
Typically, there is very little difference in water and sewer
flow rates for commercial uses unless irrigation is going to be
done from public water. At this time, the source of irrigation
water is planned to be from on-site wells.
Very truly yours,
~~:;.
KSR/jr
..J -r/~ _l (,' 1-' f
"
Kilday & Associate,
Landscape Architectsl r-Ianners
1551 Forum Place
Suite tOOA
West PBlm Beach, Florida 33401
(407) 689-5522 . Fax: (407) 689-2592
j1~. ~Ti::1 Colden, ~eniIJ;~' City Planner
City of Boynton 2pac:1
120 I:. E.(,untcn :.~eac!: I.7ou18vard
DATE
J,muarv 31, 1990
PROJECT NAUE 79 Cl . subni t tal s
ATT
PROJECT NUMBER
WE TRANSMIT:
Q HEREWITH
o UNDER SEPARATE COvER VIA
THE FOllOWING
o PRINTS 0 SPECIFICATIONS 0 ADDEN~UM
DTRAc,NGS/SEP,AS 0 SUBMITTALS 0 CHANGE ORDeR
D SHOP DRAWINGS 0 copy OF LETTER 0
THIS IS TRANSMITTED TO YOU:
ACTION CODE:
CD FOR APPROVAL 0 FOR REVIEW & COMt.tENT
o FOR YOUR USE 0 AS REQuESTED
A REVIEWED
B NOT REVIEWED
C REVIEWED & NOTED
o RESUBMIT
E DO NOT RESUBMIT
F RESUBMIT FOR FILES
NO OF DATE DRAWING DESCRIPTION/REMARKS ACTION
COPIES OR ITEM NO CODE
-- , '\L~ ~~c~.r_'L r....;~CrL - :~:ln(-::~ c ti.on , La nJ Use
.3.L ~~o r~ i ~'FJ
.. . . J:FlSEL,' S,r.r:'\'ICl ~'j'l..l ~'Cl; i - l\nneXR t ior, , LaDet
l,'~~; 0ne~ ~'.~()ninq
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.
L~::; C' :1 ['lL. ZO:1illrr
( V.ll.,....,,; . .,!\,..,. BI.\'ul~~..;'_ '"2'j~ RC:-Mtlflll::il t icn
,> .. . , ... '. ~, l~';':'~ ,_ 1 ,
L~~rLd Use ar:j " '
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( . ; " IiISF..~~lr..."'Y ,)F FL,\ . T 1~~ U ~... '.l..' Pl\LCJ:L - ~\nn(~~:~tjor~
=...,:'1'([ Use :l.:1G ~()nig.')
Ll :(' , 1 j) LY :
-~-
DJ.."~'.L... :
- - --
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONe
COPIES TO
WITH ENCLOSURE
o
o
o
o
o
FilE CODE
SHOP DRAWING DIV
SIGNED
--
Kilday & Associates
Landscape Architects/Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 . Fax: 14071 689-2592
January 31. 1990
Mr. Jim Golden, Senior City Planner
City of 80ynton 8each
120 E. Boynton 8each Boulevard
Boynton 8each. FL 33435
RE:
Proposed
Rezonings
Annexa.tions,
Land Use Designations,
and
Dear Mr, Golden,
Attached you will find six applications for a variety of
Annexations, Land Use Designations and Rezonings. While each
of these paroels have separate and distinct proposals. they
share some similarities which are addressed herein.
While the Winchester family has some involvement in all of
the parcels, the ownership of the parcels varies. In many
cases. Mr. and Mrs. Winchester have additional partners in
the parcels necessitating that each application be considered
separately and distinctly, I make this notation due to our
previous discussion regarding "aggregation" and its effect on
possible future Development of Regional Impacts.
After giving you time to make a preliminary review of these
applioations, I will set up a tormal meeting with yourself,
myself, and Mr. Miohael Schroeder, attorney for the
Winchester's and. in tact. applicant on some of these
paroels. At that time. we can review the specific language
of State Ordinanoes regarding "aggregation" and make a
determination as to whether this section of the Ordinance
applies to any or all of these properties.
Additionally, I have submitted site plans and Site Plan
Review data sheets for all of the projects except the large
annexation (Mall South), We are not requesting site plan
approval tor 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 of the
rezoning requests). we believed this information was
necessary for zoning purposes. Separate applications for site
plan approval will be made at a later date.
11r. Jim Golden
.Januarv .31. 1990
Page 2
Addressing the specific requests before you. the following
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 tor this
parcel at this time. In the past. there has been
discussion whether development of this site will
constitute a Development of Regional Impact. That
determination cannot be made until the petitioner
develops specific plans for future construction on this
site. There are no plans at this time. The application
clearly indicates that the site will require ultimate
rezoning to Planned Commeroial 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 at Foundation
property which occurred approximately two years ago in
Palm Beach County. At that time, Palm Beach County
designated this 450 acres as IL-Light Industrial Zoning.
The undestanding at that time was that future
development of the site would require submittal of a
Special Exception for a Planned Industrial Development
or further rezoning to a Planned Industrial Park
Development Zoning District. For that reason, this
paroel was not deemed a Development of Regional Impaot
at that time. The property is currently zoned in
accordance with the Land Use Plan although stil I vacant.
A determination of Development of Regional Impact
thresholds will occur at such time as this property
actually makes plans for development.
2. Proposed Service Station This application includes
Annexation. Land Use Designation. and Rezoning. In our
past conversations. references were made to special
language contained within the Comprehensive Plan
regarding the property south of the Boynton Mall (Area
7f). I have carefully read this section. It includes
the following verbiage. ....particular requirements of
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
Mr. Jim Golden
January .31. 1990
Page 3
Development Zoning District could not apply to these
sites. I would note the critical word in this statement
is "should" as opposed to "shall". I do not believe
that any text amendment is necessary to accommodate the
rezoning of these parcels to C-3. In fact, the City's
Code requires specific site plan approvals for any
development occuring in these commercial districts and,
in fact. the goals and intent of the Planned Commercial
Distriot will 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 applioation.
3. Mall Corner (Restaurant) The issues discussed above
regarding the Service Station apply also to this parcel.
This parcel is less than three aores in size negating
its ability to be rezoned to a Planned Commercial
Development. Therefore. the petitioner is requesting
the Commercial C-3 Zoning whioh 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 will be
rezoning the balance of the site to C-3 to make the
zoning consistent throughout the entire parcel.
The Boynton Beach Zoning Code does not address uses such
as a Quick Oil Change facility. Clearly, this facility
does not meet the definition in the Zoning Code for
Ma)or" Auto Repair. Therefore, it is assumed that it is
a permitted use tas are Service Stations) in the C-3
Zoning District. 1 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, wi II require an
amendment to the Boynton Beach Comprehensive Plan to
change the existing Land Use Designation. The
petitioner is requesting a designation of Local Retail
Commercial. This property is currently designated as
Loca I Retai I Commercia I. in part. and Moderate Density.
. .
11r. Jim Golden
Jatluarv 31. 1991)
Page "
in part. The petitioner is requesting that the entire
parcel be designated as Looal Retail Commercial. Within
Palm Beaoh County the property is designated Commercial
(High Intensity!, in part, and Commercial Recreation in
par t.
Additionally, because this property does exceed three
acres. the petitioner is requesting Rezoning of the
property to the Planned Commercial Development Zoning
Distriot. 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.
b. University of Florida Trust This parcel is similar to
the Knuth Road parcel in that a Land Use Amendment to
the Comprehensive Plan will be required. Both the
Boynton Beach and the Palm Beach County Comprehensive
Plans designate this property as High-Density
Residential. The petitioner is requesting that a
designation of Local Retail Commercial be established
tor the site in its entirety. Again, this property is
of sufficient size to allow a request for the Planned
Commercial Development Zoning District.
While all of the attached
specific. 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 wil I contact your office
shortly to arrange a meeting between yourself and my clients
to review these applications and answer any questions.
Howeve r. 1 be I i eve you need adequa.. te time to ma ke YDur own
preliminary review prior to us getting together.
As indicated in your Comprehensive Plan. all of these parcels
of property belong within the jurisdication of the City of
Boynton Beach. We anticipate that these properties wi II make
a significant contribution to the tax base of the City
helping to relieve some or the burden on the residents.
Thank you very much tor your assistance in this matter to
Mr. Jim Golden
January 31, 1990
Page 5
date.
future.
am
looking forward to working with you in the
Sincerely,
~
Kieran J. Kil ay
KJK/Isk
c.c.
Gene Moore
Bill Winchester
Michael Schroeder
F i Ie
ljEElO(;~1I
COUNTY OF PALM BEACH
)
) ss
)
.~;T A TE OF FLori! DA
BEFORE ME
APPEAREO__________________
THIS 29th DAYJan/90,PERSONAlLY
________E.:'::.':..a_.:'.::::?-!______________, ""-10 BEING OUL Y SWCiR~I:, DEPOSES
AND SAYS:
That the accompanyina Property Ownars List is, to the best
of his/her knowledge, a complete and accurate list of all
property owners, mailIng addresses and property control
numbers a~ recorded in the latest official lax rolls in the
County Courthouse for al I property within three ~undred
(300l feel of the below described parcel of land.
The property in question is leaally descr'ibed as follows:
See attached Exhibit "A"
...
'.
FURTHER AFFIANT SAYETH NOT.
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------------------------------
(Signature)
Sworn to and subscribed before me
of _J_a_lJ.ll.'U'..'L___
A. D., 19 -9J)..-_ .
C~!J~
Notary Public
State of Florida at Large
liOTl.P,y PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. APR.ll.1992
11y Commi s s ion Exp ire s: ___.!!~N::E~_T~~_G~":~~_I~~_U~'::..;_______________
this _29~lL__ day
NOTARY ~.Er.L
22
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The Winchester Family Partnership Ltd
P.O. Drawer 1220
Boynton Beach, Florida 33425
January 23, 1990
TO WHOM IT MAY CONCERN:
As a General Partner of The Winchester Family
Partnership Limited, I, Ruby Ann Winchester hereby authorize
Bill R. Winchester to sign all annexation, land use amendment
and zoning application documents pertaining to the property
described on Exhibit "A" attached.
~~n~(j,eGt~~
COUNTY OF PALM BEACH)
) ss
STATE OF FLORIDA )
On this 23rd day of January, 1990, before me, a Notary Public
in and for said county and state, personally appeared Ruby Ann
Winchester, personally known to me to be the person who executed
the above instrument, and acknowledged to me that she executed
the same for the purposes stated therein.
..
c\ \ ~
~\-ll...ll, --rY\J.0:J\J0:-~\l./L~
Notary Public, State of Florida
My commission expires:
r,f.:l:orv ;":.!~_1~";. ~t~e 01 Flor~df1
r'~r (n:;~)";.;;..;d~:~ f.:~riif\l:1 feb. 1~, ,,9J-
eCll(;~.; ci :-~".oJ T ruy fa;[I . 1!l'ilFr<;.:(tC/f 111(,
The Wincl1ester Famlly Partnership Ltd
P.O. Drawer 1220
Boynton Beach, Florida 33425
January 19,1"90
TO WHOI1 IT HAY CONCERN :
As a General Partner of T~e Winc~ester Family
Partner8hip Limited, I M. Frank Finfrock hereby authorize Bill
R. \<>lincl1ester to f,ign all 'anr'ex2.tion, land use amendment and
zoning 5ppli~ation documents perta~ning to the property
described on Exhibit "A" attClcIH"cl.
vp~,- --:3~fl~ ,--It:.
-, -. ,'. .... " += .~ . ~
Ii. Fr ,,:1.1.1'\. t .In ,..L O. ,~
COUNTY OF CLARK )
)ss
STATE OF NEVADA )
On this 19th day of January, 1990, before me, Helen E. Jones,
a Notary Public in and for said county and state, personally
appeared M. Frank Finfrockr personally known to me to be the
person who executed the above instrument, and acknowledged
to me that he executed the same for the purposes stated
therein.
~r
Hel~n E./Jo es
NOTAr-V PUBLIC'
STATE OF NEVADA
Counly of Clark
HELEN E. JONES
My Appointment Expires 1\'lnrch 16. 1990
- .---
.'
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BOYNTON BEACH PLANNING DEPARTHENT
ANNEXATION APPLICATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the
?lanning Department. (2 copies of application required)
PROJECT NAl-IE:
Knuth Road P.C.D.
"
ADDRESS:
Kieran J Kilday/Kilday & Associates, Inc
1551 Forum Place 100A
AGENT'S NANE:
West Palm Beach, FL 33401
PHONE:
(407) 689-5522
O\>lNER' S NAl-IE:
(or trustee's)
ADDRESS:
The Winchester Family Partnership,Ltd.,Bill R.Winchester;
Buby A. Winchester; Elsie A. Winchester,individually;
Bill R. Winchester; Elsie A. Winchester,as Trustee
General Partner:
9290 Nickels Blvd.
Boynton Beach,Fl. 33~36
PHONE:
407-132-3961
PROJECT LOCATION: Southwest corner of Knuth Road and
(not legal descrip~ion) Boynton Beach Blvd.
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
-1-
.._---,._----~-
CITY OF BOYNTON BEACH, FLORIuA
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 furly comply with all
required information as stated below.
ATTACH THE FOLLOWING REQUIRED INFORMATION TO THIS APPLICATION:
1. a. A copy of the recorded subdivision plat if the subject
property is a lot or lots of record.
or
b. All other property must be shown on a certified legal survey
made by a surveyor registered in the State of Florida and
drawn to a scale appropriate to the size of the subject
property. The legal survey shall include an accurate legal
description of the subject property to be annexed, and a
computation of the total area of the subject property,
computed in square footage and to the nearest one-tenth
(1/10) of an acre.
2. A statement of the applicant's interest in the property to be
annexed, including a copy of the last recorded Warranty Deed,
and:
a. If joint and several ownership; a written consent to the
annexatioR petition by all owners of record, or
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-
CITY OF BOYNTON BEACH. FLORIDA
APPLICATION FOR ANNEXATION
DATE APPLICATION FILED:
DATE OF TENTATIVE APPROVAL: REJECTION:
DATE OF COMPLETION OF ANNEXATION REPORT: "
DATE OF ORDINANCE PROPOSAL: ORDINANCE>>
DATE OF ORDINANCE ADOPTION: REJECTION:
DATE OF REFERENDUM IF REQUIRED:
RESULTS OF REFERENDUM:
FOR
AGAINST
DATE ANNEXATION BECOMES EFFECTIVE:
"
FOR DEPARTMENTAL USE ONLY
DO NOT WRITE ABOVE THIS LINE
Area of
GENERAL DATA
Ruby A. Winchester; Elsie A. Winchester,individ-
Developer/Owner: uallYi Bill R.Winchester;Elsie A.Winchester,as
Trustee The Winchester Family Partnership,
Bill R.Winchester,GeNe~~l Partner
subject Property:604,220.76 Sq. Ft. or ~___Acres
13.87 acres
Name of
Estimated Present Population: -0-
AR-A~ricultural "
Existing Zoning: Resi ential Density Allowed: 1du/5ac. d.u. 's
"
Proposed Zoning: P.C.D. "Densi ty Allowed: n/a d.u. 's
EXISTING UTILITIES
Water:
City of Boynton B' cch
"-__l ',,~-.:r3,nn~
of Boynton Beach
STATEHENT OF USE
EXisting Use: Vacant
Proposed Use: Planned Commercial Development
"
JUSTIFICATION
Express in your own words why this annexation will be beneficial to
Boynton Beach, Florida:
See attached
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
See attached Exhibit "A"
"
.
--"."~~----
~
"
EXHIBIT "A"
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Ac.t. Or- rI?AC75" 9 AN'O /Cl iY/N6= 5,:jt/7// dr- ;(16'1{/ C:Mj/A//~,(/ RtMO (-5"/-1rc-
Ro/!LJ ;1/", gt'<;t) /1#0 r/?/It'/5 2.7 .-"lA/Cl "24/ ,PALM 6'c/lC!// r-1R.M.5"
C~#I,cJ/!A/Y ,.c7L/!/~. ~ -1 C?~cRO/A/c 7"4 T;1/C" ,Pi"'/' T#cH"c~/" -R'cC!t'RL?c'V'
/,{/ ,Putr L?cc/:" 5" n'/' 'p-1cc' 73 #/' ;r/./E r:'O'L9L./C Rcc!N;?t:?.f Pr
~A~M 8E/1c!// c!tf7C/,A./m r-Lt:?/?/c?A, L.E55 TN&" &"Asr /5;0 ,cEEr r#E..f'"C'or:""
"
.
"
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-
Kilday & A.socletes
lHnd!;cnno ^rchifoCf~/PI;)nnP.rs
1551 Forum Place
Suit. l00A
West Palm Bf!ach, Florida 33401
14071 689.5522 . Fax: 14071 689.2592
JUSTIFICATION STATEMENT
FOR
KNUTH ROAD PCD
,"
,"
The petitioner is requesting Annexation of just less
than 14 acres of land into the City of Boynton Beach.
This parcel of property is currently zoned AR-Agricul-
ture Residential in Palm Beach County. The Palm Beach
County Comprehensive Plan designates the north one-half
of this property as CH-High Intensity commercial and
the south half of the property CR-Commercial Recrea-
tion. This land use designation is due to the fact
that the property has an existing Special Exception
approval to allow for recreational facilities to occur
on the site including a tennis club and golf driving
range. This facility has never been constructed and
the site remains vacant.
In conjunction with the request for Annexation, the
petitioner is asking for a change in land use designa-
tion in the City's Comprehensive Plan. currently the
City of Boynton Beach has the northern portion of this
site designated as Local Retail Commercial. The
southern portion of this site is designated Moderate
Residential. The petitioner is requesting that the
entire site rec~ive a designation of Local Retail
Commercial.
The petitioner believes that the proposed designation
of Local Retail commercial will allow for an appropri-
atly designed Planned commercial Development to be
established on this site, This site is located at the
southwest corner of Knuth Road and Boynton Beach
Boulevard. Two perimeters of this site abut Quail
Ridge Planned Unit Development in Palm Beach County.
The Quail Ridge Planned Unit Development is already
fenced and buffered from this site. Therefore, utili-
zation of this property for commercial purposes will
have no negative affect upon the adjacent residential
development. In addition, tre golf course wraps the
perimeter of the PUD providing further separation be-
tween the nearest residential units and the site. The
site already has received a previous approval for a
commercial use in Palm Beach County. However, that
speci{ic use of a tennis club and golf driving range
has not proven feasible for the property. The Planned
~
\'
<
.'
Knuth Road Statement
Page 2
Commercial Development District provides many safe-
guards that other straight commercial districts do not
contain. Because this site does exceed the minimum 3-
acre requirement, the petitioner has been able to make
the request for this district. The other surrounding
land uses in the area are generally commercial along
Boynton Beach Boulevard. Additionally, this property
fronts on Knuth Road. Knuth Road is scheduled to be
constructed from Golf Road north to the Boynton Mall,
The north area of Knuth Road has a new approved align-
ment which will allow Knuth Road to serve as direct
access to an entrance to the mall making this road more
significant than the average collector.
There is a limited amount of property left in this area
to provide for commercial services. The Boynton plan
has, in the past, recognized the intersection of Con-
gress Avenue and Boynton Beach Boulevard as a major
node for commercial services. This proposal is consis-
tent with that past history. Development of the site
in a commercial nature will add great additional reven-
ues for the tax base for the City of Boynton Beach.
.
.
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RUb' ,.."O"""';51"".."O",,,,,"d"
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N"" of Dev' 0",,00 . . c-
.,. ."0""" F,mil' ,a",""'o,L'd, B'" Ri.w~~hester,Gen.
. . ... n""""V c- . "0 ann ,.,d' n' eare..
~\n L.J L L &
City el Bey.,O..seleh
el.e~~\"O oe~.f\met\\
,.
OWNERS AUTHORIZATION
Under the provisions for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
&/ ~AL~~L~b
Signature of Owner(s) o~ Record
~ r? d/aAtAJ ...,,&..
gnature . Applicant tf1"
Bill R.Winchester
Type Name of Owner(s)
Kieran J. Kilday/Kilday & Associates
Type Name of Applic~nt
9290 Nickels Blvd.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33436
City and State
West Palm Beach,Fl. 33401
407-689-5522
City and State
;.
407-732-3961
Telephone Number
Telephone Number
OI-INERS AUTHORI ZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign suc~ a petition must
be attached to and accompany such petition.
x ~~ti.-r:J~u
Signature of Owner(s) of Record
~(),d/J~ ~..
. gnature .f Applicant c;:/
Elsie A. Winchester
Type Name of Owner(s)
Kieran J. KIld~y/Kilday & Associates
Type Name of Applic~nt
9290 Nickels Blvd.
1551 Forum Place Suite 100A
Street Address
Street Address
Boynton Beach,Fl. 33436
City and State
West Palm Beach,Fl. 33401
City and State
'.
407-732-3961
407-689-5522
Telephone Number
Telephone Number
-----....--.-
~~-----
OWNERS AUTHORIZATION
Under the provisions for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such 'a petition must
be attached to and accompany such petition.
--.......
v' lJ
O'.>lner(s) of Record
Ruby A.Winchester
Type Name of Owner(s)
Kieran J.Kilda~/Kilday & Associates
Type Name of Applic~nt
8495 S. Haverhill Ext.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33437
City and State
West Palm Beach,Fl. 33401
City and State
.
407-732-4602
Telephone Number
407-689-5522
Telephone Number
APPLICANT'S CERTIFICATION
(1) (We) affirm and certify that (I) (We) understand and will
comply with the provisions and regulations of Boynton Beach, Florida
Zoning Code. (I) (We) further certify that the above statements or
diagrams made on any paper or plans submitted herewith are true to the
best'of (my) (our) knowledge and belief. Further (I) (We)
understand that this application, attachments, and fees become part of
the Official Records of Boynton Beach, Florida and are not returnable.
APPLICANT IS:
Owner
~c1 a/~k..
Signature f Applicant . t? .~.
Kieran J Kilday
Kildav & Associates, Inc.
Type Name of Applicant
Optionee
Lessee
1551 Forum Place 100A
Street Address
xx
Agent
West Palm Beach,FL 33401
City and State
contract
Purchaser
(407) 689-5522
Telephone Number
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
SS
Before me, the undersigned authority personally appeared
Bill R.Winchester
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "AIr
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed KieranJ.KildaylKilday & Associates
to act as agent in his behalf to accomplish the above.
/';/f'/U~L,;t
(Signature of owner)
Affiant
Sworn to and subscribed before me
--S\'J..L; !}UA\"..._L~Q~--'I,.i---
Notary Public, State of Florida at Large
~~c~:"...; IV,~::. >.:n ~.: r:';ti~3
t,;:" ~-::;L':'.' - - 'I. :;, I:'~'::
My coroinission Expires: L...!".t~"" ",:r. '",u,Q""QI~:.
-8-
AFFIDAVIT
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
Before me, the undersigned authority personaltY appeared
Elsie A.Winchester,individually h b" b f" t d 1
, w 0 e~nq y me ~rs u y sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "All
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J. KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
(" ch./:'.;d /,)/:.",-1,,,.1';..)
(Signature of OWner)
Affiant
Sworn to and subscribed before me
~~~ -m GJVA~~
Notary ~ublic, State of Florida at Large
My Commission
;J..,',~; "';!":J~ ~!:b d tl~ti~c!
r,:/ ~c:i'.' :":'.',~.. . ~ .. .. :....3
Expires: '_,.';,~:.,.u '.", ..:~"':,:'~~~~";"c. ......
-8-
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AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
SS
Before me, the undersigned authority personally appeared
E]sipA Win~np~rpr as Trustee
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "All
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.Kilday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
v: ~ JfA",;tZ (/L~dl,AJ'4IJ ~
ISignature of owner)
Affiant
Sworn to and subscribed before me
~\'S..~ --n\. ,1..0\ , , k \ .o--:t<-r-
Notary ~ublic, State of Florida at Large
r~G~:!1)' :,~,,;::. ::::"~~ I'! :-;~~ .,!:;
!:~ (~::',,:..;::_'!'. ,"" -:: "';J.i3. jlJ~3
My, Commission Expires: ' '" ." ",oIM.
-8-
-----------------------
AFFIDAVIT
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
Before me, the undersigned authority personal~y appeared
Ruby A.Winchester
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: [Give legal description)
See attached Exhibit "AI'
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
:</?_~'-4- LVvYYL r (I ,;.. e:f. Q ';/;li
(Sig~ture of OWner)
Affiant
Sworn to and subscribed before me
~I.V--L~ '-In 0'--<ClU-vl::::...-
No~ary Public, State of Florida at Large
H~r-:' rl.~:.li(, ~~o:1l of r1r:r~"
r4y Coltlmission Expires: lk{ ~~\~.:::'~:';"~ Z~:~~~~s"~.~~..:,~:,~9~
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- --~~---
AFFIDAVIT
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
Before me, the undersigned authority personal~y appeared
Bill R.Winchester1General Partn~rwho being by me first duly sworn I
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached ExhibitIIA"
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
fL1; ~_, 1:1
of OWn-er/
Sworn to and subscribed before me
Sl'-.J.~-rn 0~-~;:N..'-
Notary ~cblic. State of Florida at Large
r:[o~{;l' ~.~ .:::, $:'~~J ", '::7:~<]
My commission Expires: M; \~:,:~ ;::~.,;-. _ :':~I..':':;'::;;"':':'':'::
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~ I certify that the attached is a true and correct copy of Amendment to ~
~\;j the Certificate of Limited Partnership, filed on April 23, 1985, for THE ~\;j
~ ~
~()~ WINCHESTER FAMILY PARTNERSHIP, LTD., a Florida Limited ~~
~UQ O~UQ
~ C Partnership, as shown by the records of this office. ~^l:
,n~ olJ~
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~ l: The number for this Limited Partnership is A18620. ~AC
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SECOND AMENDED AND RESTATED F I! ;:: n
CERTIFICATE OF LIMITED PARTNERSHIP Of, - -- '-'
THE IVINCHESTER FAMILY PARTNERSHIP r LTD,:S APi'! 23 "!! 2-
fd - C:8
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The unders igned Partners pursuant to T~~G,";i:tk:qn.s :of.~.a
Limited Partnership Agreement dated December 20, "f9.1l4;;:':a..'$.Jal.ll~n"t~i;l
by The First Amended and Res tated Cert if ica te of '"tl.i1I'i'eEi8
Partnership Agreement dated December 2J.st, J.984, do hereby cer-
tify that the following is their Second Amended and Restated
Certif.icate of Limited Partnership effective January J.7, 1985
("Partnership Agreement");
Section 1. Name. The name of the Partnership is The Winchester
Family partnershipr Ltd.
Section 2. Purposes. The General and Limited Partners desire to
ca rry on a bus iness for the follow ing purposes: to own, lease,
operate and develop the real.' estate, real estate interest and
partnership interests listed on the attached Schedule of
Contributed Assets for investment purposes only, and to sell any
partnership property and reinvest the proceeds thereof in similar
properties or other assetsr for investment purposes only, and to
borrow money in the furtherance of such purposes. In connect ion
therewith the Partneship may issue evidences of indebtedness and
to secure the same by mortgages or other liens on the Partnership
property and may perform all acts which may be convenient and
incident to the foregoing, subject to the limitations of this
Agreement.
Section 3. Principal Place of Business. The location
principal place of buslness of the Partnership shall be
South Haverhill Extensionr Boynton Beachr Florida 33435,
other place as the General Partners may designate from
time.
of the
at 8495
or such
time to
Section 4. Partners. The names and place of residence of each
General and Limited Partner are listed on the attached Schedule
of Capital Contribution Percentages.
Section 5. Term. The term of the Partnership will commence upon
the- flllng of this Certificate and shall continue until
Decembe r 3 J., 2035 or prior to such da te upon the occurrence of
anyone of the following events:
A. Upon the
Partners and Limited Partners
bution percentage interest in
cent (66%) at the time the
Partnership.
i
mutual agreement of the General
having an aggregate capital contri-
the Partnership of sixty-six per-
decision is made to dissolve the
(
B. Upon -the last of Ruby Ann Winchester, Bill R.
\oJinchester or M. Frank Finfrock to die, to be declared income
pe ten t, to be removed as a General Partner, or to I nvoluntar i ly
Transfer (as such term in defined in the Partnership Agreement) r
all of his or her Partnership Interest in the' Partnership to
another.
C. Upon the bankruptcy of any General Partner.
Section 6. Contributions.
6.01 No Limited Partner shall make cash contributions.
6.02 Limited Partner, Ruby Ann Winchester, has contri-
buted for her interests in the Partnership certain real propertYr
oil lease and Partnership Interestr the description and value of
which are set forth on the attached Schedule of Contributed
Assets. No interest shall be payable on these Capital
Con tri bu t ions. Each Limi ted Partner I S interest 1n the
Partnership Property and its Capital shall be equal to his or her
respective Capital Contribution Percentage. "Capital
Contribution Percentages" as used herein shall be those percen-
tages set forth on the attached Schedule of Capital Contribution
Percentages,
Section 7. Additional Capital Contributions. The Limited
Partners are not obligated to make any additional contributions
of capital to the Limited Partnership.
Section 8. Return of capital Contributions. Capital cont~i-
but ions made by Limi ted Par tners or rece i ved by Limi ted Partners
as gifts shall only be paid to the Limited Partners (i) if such
Limited Partner elects to withdraw from the Partnership in accor-
dance with the provisions of Section 13. of the partnership
Agreement, (ii) out of cash distributions from time to time made
by the General Partners and (iii) from distributions in liquida-
tion of the Partnership as provided for in 516.03 of the
Partnership Agreement.
Section 9. Profits and Compensation. The net profits and net
losses of the Partnership for any calendar year shall be allo-
cated among the partners in the same proportion as their Capital
Contribution Percentages, Net profits shall be distributed
annually by the General partnersr except that the General
Partners may retain a portion of the net profits, and transfer
same to the Capital of the Partnership if required for the reaso-
nable needs of the business of the partnershipr subject to the
-2-
(
1 imi ta t ions of 55.03 of the Partnersh ip Agreemen t. No Limi ted
Partner shall receive any other compensation by way of income
from the Partnership.
Section 10. Assignment of Limited Partnership Interest.
10.01 The Partnership Interest of any Limited Partner in
the Partnership shall be assignable in whole or in part, to any
Permitted Transferee as such term is defined in 511.01;D. and
511.02 of the Partnership Agreement. The Partnership shhll not
be required to recognize any assignment.to a Permitted Transferee
until such time as an instrument conveying such Interest has been
delivered to the General Partners. An assignee who is a
Permitted Transferee shall become a substituted Partner if the
assignor gives the assignee such right, and in such event, the
General Partners and Limited Partners, or General Partners acting
as attorney-in-fact for Limited Partners shall file an Amended
Certificate of Limited Partnership showing the assignee to be a
substituted Limited Partner.
Section 11. Additional Limited Partners. The General Partners
reserve the right to admit any lineal descendant of Ruby Ann
Winchester and any of their spouses as Limited Partners to this
Partnership, but the Interest of such new Limited Partnership
must be transferred from the Interest of Ruby Ann Winchester or
the General Partners admitting such Limited Partner to the
Partnership; otherwiser the admission of such new Limited Partner
must receive the consent of all Limited Partners if each Limited
Partner's interest is to proportionally reduced for the admission
of such Limited Partners. This restrictionr however, shall not
restrict the voluntary transfer by a Limited Partner of all or a
por t ion of hi s or her Partnership In teres t to another Limi ted
Partner or to a Permitted Transferee,
Section 12. Priorit.Y' No Limited Partner shall
over other Limited Partners as to contributions or
sation by way of income.
have priori ty
as to compen-
Section 13. Business Continuation. Upon the death, retirement
or incompetency of any General Partner, the other General
Partners shall continue the business of the Partnership without
interruption, except as provided for in Section 5. B. The
Interest in the Partnership of the deceased or Incompetent
General Partner shall be and become the interest of a Limited
Partner unless the representative of the deceased or Incompetent
General Partner elects to withdraw.
-3-
(
Section 14. Contribution. No Limited Partner shall have the
right to demand or receive property other than cash in return for
his or her contribution irrespective of whether the capital
interest is contributed by the Limited Partner or given to the
Limited Partner.
Section 15. Transfers. This Second Amended and Restated
Certificate of Limited Partnership is made to reflect the assign-
ment by gift made as of January 17,1985, of a portion of the
Limited Partnership Interest and General Partnership Interest of
Ruby Ann Winchester to the General Partners and Limited Partners
listed on the attached Schedule of Capital Contribution
Percentages.
IN WITNESS WHEREOFr the Partners have executed this
Certificate effective the 17th day of JanuarYr 1985.
() , .'
~G ~.tj (Y;[,)!- 1/ /l1~ tJ-rl j!>tdZ1 -'
UBY N WINCHESTER, General Partner
B Partner
'71'--:::;; ) --/.
'.'/:.../u. ..' -/,. je< ,. /<.
M.' FRANK FINFRO~K, General Partner
A:-i-/~ CA-,l,l'l. ~-C 'lIe (I_Pu. J/._i;j<-~
RUBY WINCHESTER, Limited Partner
, .-/ ~', It dill;;:.
WINCHESTER~' lmlted
Partner, by Bill R. Winche ter, as
attorney-in-fact under that certain
Power of Attorney dated December 26,
1984
-4-
(
'/7 (L~e?(( Jr!.J.
MELISSA WINCHESTER, Ll it ~ Par
by Bill R. \'/inchester, as
attorney-in-fact under that certain
Power of Attorney dated December 26,
J.984 '
.1
r /7
?{.;: / ,(..,
ER, Llml W Partner~
y Bill R. Winchester, alii
attorneyin-fact under that certain
Power of Attorney dated December 26,
J.984
// '
/'"".1 ~..--"..... /
( ," V / I.' I
,A,w /';>/-. . <-h ' .:' "
SHERRI M. AILSTOCKi Llmlt d artn r,
by Bill R. Winchester, as attorney-
in-fact under that certain Power of
Attorney dated December 24, 1984
~jUL It tJ;,Jl-dU.df.t.L
ELSIE A. WINCHESTER, as Trustee
under Trust Agreement dated
December 3J., J.975, for the benefit
of Susan patricia Winchester,
Limited Partner
I
, j' G"-
C~ /, //' a//':/,,~, // c,.:zfi:
ELSIE A. WINCHESTERr as Trustee
under Trust Agreement dated
December 31, J.975, for the benefit
of Ka thryn Joy \Hnches ter, Limi ted
Partner
c:.' ,
'. ... ~----
:/ 1 . " '...".~ ., ~ 1 /..
-;j_.;'-L(. r/,? (/V/~L/L:,_-1~ L,
ELSIE A. WINCHESTERr as Trustee
under Trust Agreement dated
December 3J., J.975r for the benefit
of Bill Ray Winchester, II, Limited
Partner
-5-
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~ . '/ /' , ~
L; UL ({ L-I // u'jddtL
E SIE A. WINCfrESfER, Limited
Partner
//;'C-I.'<Y (:t./:..t.<'L- ~!<~J'
MARY LICE FINFROCK,
Partner
.~~, ~
Vu
. "
/'
MES A. INCH ESTER ,
Partner, by Bill R. Winche
attorney-in-fact under that certain
Power of Attorney dated December 26,
1984
',L;~: :
I CHESTER, J. Llm
Partner, by Bill R. Wincheste , as
attorney-in-fact under that certain
Power of Attorney dated December 24r
1984
.'-1
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~/ ~.~' ,I{ ~:: /-:d!-
- ./l}>.:/;:w...... ' /14.< < /e
D. FRANK FINFRO K, Limited Partner,
by M. Frank F'tlfrock, as attorney-
in-fact under that certain Power of
Attorney dated December 24, 1984
i:J /~B-(~.J -:i-j~<"_1
~'"\
Ji. -
.ffj ,L" ..~:3 C/~'".t,<~.J ~t,~~I/
LAURA F. CHAMBERS, Limi ted Partner,
by M. Frank Finfrock, as attorney-
in-fact under that certain Power of
Attorney dated December 22, 1984
Ie': 1"( ( ". ..-:::J .'!.L-, (l~") h. :rn-::t t. "':1)' "
- :./. ;' '?J"' /-'/L'~ . ~h...;",
REBECCA F. GODFREY, Limited Partner,
by M. Frank Finfrock, as attorney-
in-fact under that certain Power of
Attorney dated December 22, 1984
-6-
(
(
I
I ~ <C.
JAC ,ELINE C. WINCHESTER,
under Trust Agreement
December 27, 1984, for the benefit
of Lee A. Way, Limited Partner
-
;J, <d,JC~
INE C. WINCHESTER, as Trustee
nder Trust Agreement dated
December 27, 1984, for the benefit
of Ray Way, Limited Partner
d~,
WINC ESTER, as Trustee i
Trust Agreement dated'
December 27, 1984, for the benefit
of Amy Way, Limited Partner
STATE OF ..:.~<i?/Oll
COUNTY OF PlfAh ,(JEH,'lf
Sworn to and subscribed before me by RUBY ANN
\HNCHESTER, General Partner, this ./'lTLf day of March, 1985.
, ~~~tf~/1/)Z~
My Commission Expires:
".::'-::y ~~.:~;: STATE OF .~1C:~:~/,; ~'(i.ARGE
_ ...'.:...... ~.. '--' ':.Ar ~ ;76$.
- - -... "'''~ ............,:.. i ,,:). Uj',:.JER\'/RITE~
STATE OF r, .
/'^t'RIO/7
COUNTY OF
P,q~H 8c,q" k
Sworn to and subscribed before me by BILL R, WINCHESTERr
General Partner, this /1'''.P day of March, 1985.
,
~~::T:,;'{ ?;"'=~~~ ,~T/,iE OF FL'::~:OA AT LARGE
.'. ..._'....,..i0:~t.~i'".:S:,'...:.,r b ;?o:)
",-,.~,",..,.I .'(11'"" ~~'''':~L Ii,,;:). Lr:.;u:.i-\'~P.UE&S
~~'L~r~u7~'
NOTARY PUBL C
"
My Commission Expires:
-7-
STAn~ OF
COUNTY OF
General
Sworn to and i~scribed before me by M. FRANK
Partner, this day of Marchr 19
Of Fl
\ t. O.f
,. ,
... 0
~ y
FINFROCK,
My Commission Expires:
~
~
M'f cc.'.u.\;~,:::C:J ~~:;'l':,:~ I:':~ 27 1N.l7
t.C'~::;L::._~;l,:'j t..:~:'.~.'''''.l J~,;~J.~,\~~~~ UMt
STATE OF Ht)1l IPII
COUNTY OF pI)A 11 gEI-},"11
Sworn to and subscribed before me by RUBY ANN
WINCHESTERr Limited Partner, this /?7Hday of March, 1985.
~/~/p~h
OTARY/PUBLI
My Commission Expires:
NOTARY PUOlle STATE OF FLORID
MY COfMAISSJON [).,,""'\ : ~ AT lARGE
'u JI\... M,...y 0 IYd
~ NOd) THRu G't"" ".)
.- . .. 't!V\L U'iS ~ lINOl/{WII.I rEPS
STATE OF /-,l t"R IP"
COUNTY OF PI1J.n !le"lhll
Sworn to
WINCHESTER, Limited
in-fact under that
1984, this /9-r.t/
and subscribed before me
Partner, by Bill R. Winchester,
certain Power of Attorney dated
day of March, 1985.
by STERLING
as at torney-
December 26,
4!;t/)? fcf;J14~:7J
NOTAR-Y PU LIC
My Commission Expires:
NOTARY PUOllC STATE OF FLORIDA AT LARGE
MY CO/A/,~;SSION EiFI,-'~S /.. . I
' .... ..~Il " ')0" ~
POND"O THRU GU~Liv\1. lI~S . u,'IUtI, vv t.:1 ll;RS
-8-
(
STATE OF ;j. elf I)) I~
COUNTY OF PI;'-h gc/u If
Sworn to and subscribed before me by MELISSA WINCHESTERr
Limited partnerr by Bill R. Winchesterr as attorney-in-fact under
that certain Power of Attorney dated December 26, J.984, this /f'TN
day of Marchr J.985. -
I
~i61a/-rlA4'~
My Commission Expires:
NOTARY PU,lIC STAT
My C0i,l/{dSSJCN /?~.~.:LOf..1D~, AT LARGE
~UI~D Ll l' _ ^ I.,.. MAY 0 1905
L ../'1i1.U Gl..j~l;i\AL 1/ S
. "I : UNUER~Vi<1 lEU
I
"
STA TE OF;::';' t R Ii7/.7
COUNTY OF ?Il;.h 8EII?/{
Sworn to and subscribed before me by JON J. WINCHESTER,
Limited partnerr by Bill R, Winchester, as attorney-in-fact under
that certain Power of Attorney dated December 26, J.984, this /9711
day of March, 1985. -
, 'i€
~~.>::' -L,p~~
- OTARY' PUBL C
My Commission
Expires: NOTI,RY punllc STATE Of FLmlDA AT LARGE
. lilY COMN.jS510j~ E^Pl~J.S MA'( d I'tBJ
201\ll)LD .THKU ~i;N,jV\L ll~S 1 UNl)~f\wkl rEFS
STATE OF F;1.v/>"/p/l
COUNTY OF /'111./7 /JOI~H
"
Sworn to and subscribed before me by SHERRI M. AILSTOCKr
Limited partnerr by Bill R. Winchester, as attorney-in-fact under
that certain Power of Attorney dated December 24, 1984, this /9'01
da~ of March, 1985.
~ffk~/>1?/~/1
OTARY PUBLIC
My Commission
Expires'
. NOTARY PUBLIC STATE OF FLO<IDA AT LARGE
&~y COl,'A\ISSJON E)"P1KES MNf a 196:>
NL>cD .THRU Gd'kKAL JJ-lS. UN[)[i.:'v'ntll.i:R5
-9-
(
(
STATE OF 1" t'R lOll
COUNTY OF PIl/./1 80ltll
Sworn
WINCHESTER r as
1975, for the
Partner r this
to and subscribed before me by ELSIE A.
Trustee under Trust Agreement dated December 31,
benefit of Susan patricia Winchester, Limited
/9"/'"/I day of Marchr 1985.
~"?h
~~ 'it::rV1VP!
OTA PUBL'1C
"
,\
My Commission Expires:
NOT/,RY.PU3l1C STATE OF FlO1lDA AT LARGE
M,! CO:iII',\f:'SIOU [i.PII~ES '{lAY 0 19&5
b()'~U..L) lHRU 0'"/''' .
"".. v\ 11>;5. UNDlltWl.:.lJERS
STATE OF //. t)f,'IPR
COUNTY OF /'1)) It II Dlt' II
'\
Sworn to and subscribed before 'I me by ELSIE A.
WINCHESTERr as Trustee under Trust Agreement dated December 31[,
1975, for the benefit of Kathryn Joy Winchester, Limited Partner,
this J'l"Tf/ day of March, 1985.
JU~v5Y
My Commission
Exp ires: NOTARY pUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES MAya 19&5
~ONChD IHRU Gi:l-it..r'J\l INS: UNi.JLRWk.lltRS.
STATE OF /'.J. I".-f /LJ/-)
COUNTY OF ?/?,< // 8fjJJ!.h'
Sworn
WINC;:HESTER, as
1975, for the
Partner, this
to and subscribed before me by ELSIE A.
Trustee under Trust Agreement dated December 31,
benefit of Bill Ray Winchester, IIr Limited
/1",<,,P day of Marchr 1985.
a
~fj! /~y#
OTARY"" PUBLIC
,
I
My Commission
Expi res :NOTARY PUBLIC STATE
MY CO,^,~.ISS'ON E "OF FlOR'~A AT lARGE
00, .J........ ,,,,.:'" 1.1. " It.~~ ....If w .,....;
.~.. .~ ..
"
.. ~"'"
-10-
STATE OF /i. OJ? /Pf)
COUNTY OF ?fi~ /1 /.J c IlC 1/
(
Sworn to and subscribed before me by ELSIE A.
WINCHESTER, Limited Partner, this I1Tllday of Marchr 1985.
My Commission Expires:
STATE OF
COUNTY OF
~"- /~ .
_ ~~~ ~J~4</)/
OTAR PUB!:; C
NOTARY PUOllC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES MAi a 1985
~OND,q IHRU "ENEI\AL INS. UNDERWRITERS.
Sworn to and subscribed .before me by MARY ALICE
FINFROCK, Limited Partner, this I,.T"^day of March, 1985.
My Commission Expires:
STATE OF /"1. tJlf IB/l
COUNTY OF /,/71./-1 IJO}CII
...0 /) //)
'S. .->..-".------,,- ';0-'"". ,>. ~...-".k--
NOTARY PUBLIC
Notary Public. State 01 florida at Laree
My Commission Expires July 13, 1987
~
Sworn to and subscribed
WINCHESTER, Limited Partner, by Bill
in-fact under that certain Power of
1984, this /97/1day of March, 1985.
My Commission Expires:
before me by JAMES A.
R. Winchester, as attorney-
Attorney dated December 26,
~r. 9d
. .' ..... Z ~/?r4"'. ,.
OTARY PUBLIC .
NOTARY PUBLIC ST
MY C()MM'SSIO,~TE OF FLORIDA. AT iARGE
'r. .~ f,\Pli;,"( '" ~
.....1,,0'0 TriJ<.u G/"';';1\A1 c....",..,'( ,0 198':;
.. J N:;. U"Vr..Jd: Vr ~I fERS
(
STATE Of
COUNTY OF
Sworn to and subscribed before me by D. FRANK FINFROCKr
Limited Partner, by M. Frank Finfrockr as attorney-in-fact urd/r
that certain Power of Attorney dated December 24, 1984, this l
day of March, 1985.
\. Of FlO"'-
,..'\ ..or ~."\
... (),
.,
(
,
My Commission Expires:
NOT o\'.y PU"c!C S TAlE Of fLOKIDA
MY cO.'.',....ISS;C:J cX?:f;~S AUG 27 1987
).OND(L) ~ ~1;~U GlNi.:\AL 1l~5U:u..N~E UNO,
STATE OF
COUNTY OF
Sworn to and subscribed before me by LAURA F, CHAMBERS,
Limited Partner, by M. Frank Finfrockr as attorney-in-fact und~r
that certain Power of Attorney dated December 22r 1984, this !Y
day of March, 1985. -
STATE Of
\
My Commission Expires:
COUNTY OF
My Commission Expires:
)'... \v
of... r \Jlt"
_:..- 0
NOTARY PI'~UC ST.\TE Of fL P.I
/0,\'( cC'.',!,'.;SS::"",:J D',;',:-:::5 A:.JG 27 1?37
6CI'.o.:..El) fI-:,.., :-,::,;.:~..~ll:-<SU:l.,\t~Cf UND
-12-
..------- ~-~~
(
(
STATE: OF /"1. t:R /Pl/
COUNTY OF 1'//;'/1 b'Cj)<.'/I
Sworn to and subscribed before me by JAMES A.
WINCHESTER, JR., Limited Partner, by Bill R. Winchester, as
attorney-in-fact under that certain Power of Attorney dated
December 24, 1984r this /:ir.u day of Marchr 1985.
~~L"'f/J/1A'7J
NOTARY" PUB):; C
My Commission Expires:
I
NOTARY PUBlIG STATE OF FLORIDA AT LARGE'
MY COMMISSION EXPli<..iS MAY is 19- j ;
~ONP,P m&u QlNERAlINS. UNPlRW;' Tlij ,
STATE: OF
COUNTY OF
Sworn to and subscribed before me by JACQUELINE C.
WINCHESTER, as Trustee under Trust Agreement dated Decmeber27,
1984, for the benefit of Lee A. WaYr Limited Partner, this Iff/'
day of March, 1985.
r.... ....
cdc\'2:A5::s:Q
NOTARY PUBLIC
7L~~ I to/'
-
r- Nol.1ry Pub5c. sw~~i F1ori~
My Commission Expires: Illy Commis....~pir.s D.c. 4.1985
6on""4 ThN rtot h'l: U.III'UU, Inc. .J
STATE OF
COUNTY OF
Sworn to and subscribed before me by JACQUELINE C,
WINCHESTERr as Trustee under Trust Agreement dated Decmeber 27,
1984, for the benefit of Ray Way, Limited Partner, this /.'r'rc, c---
day of Marchr 1985.
cdv^<e~l ~':D J. y~ '(-J(Q.,l f
NOTARY PUBLIC
My Commission Expires:
..-
NolMy Pubn~ Sl.1I.~r Flor,a;--
&lye. "
mmlSllOf'1 Expir~s OCt. 4, 1985
_....llfrWlf.lllll...,...,
.. u,'D. ,.IIooU"U. 'n,~
.....J
-13-
(
STATE OF
COUNTY OF
Sworn to and subscribed before me by JACQUELINE C.
IHNCHEST8R, as Trustee under Trust Agreement dated Decmeber 27,
1984, for the benefit of Amy way, Limited Partner, this /f:-'f(,
day of March, 1985.
r:o--1Ry -^..5C.SQ.. -:A. ,~p PnlL-r --t-
NOTARY PUBLIC .
My Commission Expires:
t;;:- N-.::::-:r'''--S-I -I ; ..,.":--"--
JY._ ot.Yy I'U~I(. a l! ~. k.r....3
U~y Commiulon hfsil~~ ..,:~. I" 'i;'~
~lrtn.d {ht.. t,,,, '.'.11 ~ II....'....... I0Io4" --l
,
-14 -
SCHEDULE OF CONTRIBUTED ASSETS
M. Frank Finfrock, General Partner, cash One Thousand Dollars
($1,000.00) for his initial interest as General Partner.
Bill R. Winchester, General Partner, cash, One Thousand
Dollars ($lrOOO.OO) for his initial interest as General Partner.
Ruby Ann Winchester, General Partner, and Ruby Ann
Winchester, as Limited Partner, contributed the assets described
below for her initial interest as General and Limited Partner.
DESCRIPTION OF CONTRIBUTED ASSETS
Description
1. An undivided one-fourth (1/4) interest in all
of Tracts 9 and 10, lying south of the new
Boynton Road, together with Tracts 23 and 24r
as shown on Palm Beach Farms Company Plat Number
8, recorded in Plat Book 5, Page 73 of the
Public Records of Palm Beach County, Florida.
2. The East Half of the Southeast Quarter (E 1/2
SE 1/4) of Section Nineteen (19); the Northwest
Quarter (NW 1/4) and the North Half of the
Southwest Quarter (N 1/2 sw 1/4) of Section Twenty
(20), and the East Half of the Northeast Quarter
(E 1/2 NE 1/4) of Section Thirty (30); All in
Township Eleven (11) North, Range Thirty (30)
East, N.M.P,M., Quay CountYr New Mexico.
3. One-Sixth (1/6th) interest in the surface right
and .0104180 percent interest in the royalty
interest in the Northeast Quarter of Section 11,
Township 26 Southr Range 4 East, Butler county,
Kansas.
Value
'i
$409,000.00
$ 75,000.00
$ 30rOOO.00
$ 36,000.00
4. Forty-nine percent (49%) interest in the Fin-Win
Partners, a General Partnership established
under the laws of the State of Florida under
Partnership Agreement dated August 15, 1979,
between M, Frank Finfrockr Mary Alice Finfrock
and Ruby Ann Winchester. .
5. A six and six-tenths percent (6.6%) interest as a $ 53,000.00
Limited Partner in the Limited Partnership known
as the Savannah Square Associatesr a South
Carolina Limited Partnership, under Limited
Partnership Agreement dated September 28, 1981.
'.'
\
,
SCHEDULE OF CAPITAL CONTRIBUTION PERCENT~GES
Partner
Percentage
In terest
Bill R. Winchester, General Partner
9290 Nickols Boulevard
Boynton Beach, Florida 33436
3.475
M. Frank Finfrock, General Partner
2899 Banyan Boulevard Circle
Boca Ratonr Florida 33431
2.975
\
Ruby Ann Winchesterr General Partner
8495 South Haverhill Extension
Boynton Beach, Florida 33436
3.306
James A. Winchester, Limited Partner
5060 D. Elmhurst Drive
West Palm Beach, Florida 33409
6.116
Sterling Winchester, Limited Partner
5060 D. Elmhurst Drive
West Palm Beach, Florida 33409
2,810
James A. Winchester, Jr., Limited
2251 pinnit Drive, #932
Falls Church, virginia 22043
Partner
2.810
\
Jon Winchester, Limited Partner
1901 Caribbean Road
West Palm Beachr Florida 33406
il
2.810
Melissa Winchester, Limited Partner
1901 Caribbean Road
West Palm Beach, Florida 33406
2.810
Elsie A. Winchester, Limited Partner
9290 Nickols Boulevard
Boynton Beachr Florida 33436
2,810
Sherri M. Ailstock, Limited Partner,
9290 Nickols Boulevard
Boynton Beach, Florida 33436
2.810
-1-
..
(
Elsie A. Winchester, as Trustee under Trust
Agreement dated December 31r 1975r for the
benefit of Susan patricia Winchester, Limited
Partner
9290 Nickols Boulevard
Boynton Beach, Florida 33436
Elsie A. Winchester, as Trustee under Trust
Agreement dated December 31, 1975r for the
benefit of Kathryn Joy Winchester, Limited
Partner
9290 Nickols Boulevard
Boynton Beach, Florida 33436
Elsie A. Winchesterr as Trustee under Trust
Agreement dated December 31r 1975, for the
benefit of Bill Ray Winchester, II, Limited
Partner
9290 Nickols Boulevard
Boynton Beach, Florida 33436
Mary Alice Finfrock, Limited Partner
2899 Banyan Boulevard Circle
Boca Ratonr Florida 33431
D. Frank Finfrock, Limited Partner
2333 Easthills Way
Norcross, Georgia 30071
Laura F. Chambers, Limited Partner
1046 Brookhollow Drive
Baton Rouge, Louisiana 70810
Rebecca F. GodfreYr Limited Partner
4900 Heritage Trace Court
Marietta, Georgia 30062
Ruby Ann Winchester, Limited Partner
8495 South Haverhill Extension
Boynton Beach, Florida 33436
Jacqueline C. Winchester, as Trustee under Trust
Agreement dated December 27, 1984, for the
benefit of Lee A. Way, Limited Partner
1901 Caribbean Road
wes~ Palm Beachr Florida 33406
-2-
2.810
2.810
2.810
6.116
2.810
2.810
2.810
35.862
2.810
i
IJ
(
Jacqueline C. Winchesterr as Trustee undercTrust
Agreement dated December 27, 1984, for the
benefit of Ray Way, Limited Partner
1901 Caribbean Road
West Palm Beach, Florida 33406
Jacqueline C, Winchesterr as Trustee under Trust
Agreement dated December 27, 1984r for the
benefit of Amy Way, Limited Partner
1901 Caribbean Road
West Palm Beachr Florida 33406
WAZ/sj
( W FP 1 : C. 1 -C . 3 )
-3-
~
2.810
(
2.810
:1
.,.-,....'...,,"',........
k
: Warranl!J Iud
..
....
:: IJ/rl. JnlIrnturr. Mod. ,hi,
RETURH TO: /
Thi. InltnnMrit wa. ~,epo,.d by. /
I. IiIU.INI A. ztDIER ~
"-. ~ _.8CIlR~
~ .us-::r.:.=_
--- .....-
I'OIlT I ....~..... 1'LOaIDA....
(IIATUTOr; fOIll-IICTlON 111.01 f.I.) ", tW 1:~:"3~!~
;J. I ,.A--
c/oyof
December
'9 84. ..1_
~
III
RUBY ANN WINCHESTER, individually
01 'h. Co"nry 0' Palm Beach . Stoll of
THE WINCHESTER FAMILY PARTNERSHIP,
Florida
LTD.
. 0'01\10'-. .net
.. whow pau atliul etdd'.n iI 8495 St:JJth Haverhill Extensial, 8oyntoo Beach, FL 33435
~ 01 the Co...n"1 01 Palm Beach Slolr of Florida . gran.....
IE
.ttlU'..rtty. Thai '<lid g'onIO'. for ond i.. (OftwM'Qfion 0' fh~ 'IJm of
~ -----~------Ten and no/l00-----------------------------.---------. ~~
M and oth.. good and wolvobl. conwderotiOf'l\ 10 \aid '01'0"10' in hand paid by \oid '01'0"'''. 'he ,<<..pt w"~rltO' is ".,.eby
1!5 ock"owl~d'ilKJ. has Qron"d. borgoinKJ orod ",Id to tlw wid Qran'ft. ond gronl.'.' h.i., and anit"n\ for.....'. lhe loll_ing
: I d'''ribed land. \ilvol,. lyi"9 o"d be'"9 in Palm Beach Co"",!- ~Iorjda. lo.wit,
An undivided one-fourth (1/4) interest in Bll of Tracts 9
and 10, lying south of the new Boynton Road, together with
Tract. 23 And 24, as shown on Palm BeAch Farms Company
P'at Number 8. recorded 1n Plat P?Ok S, Page 73. of the
Public Records of Palm Beach County, Florida.
J. ;:D
Ud,bO
':';'4!J
SUBJECT TO real estate taxes for the year 1984 and all
subsequent years; zoning requlat10ns and ordinances of
governmental authorities, c<.venants, conditions, reatric-
tions, limitations and eaSeD.'!;mts of record.
--....., ,. PC . (-I r
. I.'........... N.
ct.~rl......
and \O,d 9'0"'0' dor:' ....r~by IlJ",. ... .."unr ~ fit"'" 10 100Id lo"d. 0,.0 w.1I d.lr"d Ihf' WIYI. ogain" IhI' 1....1.., c1o,rn\ of an
~'\Of\,....hc:''''~'''''
.. '~G,on'o" O'ld "V'Q"'''''.' _ v~ '0' ""'9vl,Jr .,. plu,ol. 0\ (onl~.1 'I'qlJi,~,.
1ft Wiln..s IIbrna!.
~.
G,c:l'ltor ho\ .....~Io ~t Q,ontor, hand ond '1'01 ,h. do", ond 'l'l'Or I.u' obt'ly. _n~".
'fh ( ) /;
St (l..Yl H -'{JAM1 C {W{(.iA.-
RUBY WINCHESTER
-Seoll
'SooI,
lSooII
,....
STATt Of FLORIDA
COUNTY Of BRONARD
I HfREIY CUTlf'l' tho, _ ...." d-:1v boP'o., _. _ lIlfr.c... duty ouolof"KJ ro to.. oc:IIIKlW~9"""'h. ~ OPPI'O,ed
'RUBY ANN WINCHESTER, individually
d~\("bed 1ft or>d ...110 ,_""1Wd ,... '-II'QOO~ .mlnlmen' and oc._ledgoPd be-'OO'. ~ that
'O_.IWI""nlO"...."'"_
S h. 'U.(V.reI....._
wrTNf S5 ...... ho...:l o~ oft.coal 'IflJ1
1~4.
... rh.r c_... 00ld Slat. knr .,f~ tho, 37 day 04 Deceaber
.~~~~~..,._
/ ___.M<< .
,EC~~D V!:RJF!EO -. .
~ALlI ""~H COUHrv f\..i:'
.~"'~ B. DUNkLE '
CUI\;( C1RWIJ COUIlT
My (QIn"""'O,, I'.ClOT"
~',~a;..-:~~rc Surr ~ '!.aIM
1 ....111 (U'. I'" 1'5....
fClliD(t 'u~ iUt_-ra. .. ,
.'.Il'.
s
"
-.
,
. - , ~WI ... ~'b 3' 902
I -- n .
7'.01 lor Lawy....' Ti.IJrtla. . ny nlnd, rl.n 0, Florid.
78
\ 01,- ') Z I,
o...l r
This instrument was pn'parcd by:
~arranty Jttd
Name G. Robert Fellows
Addeo,"_ 610 E. Atlantic Avenue
(STATUTORY FORM - SECTION 689.02 F.S.l
Df'lray.J3each, Florida 33444
m~ill 11ulll'uturl'.
LOUISE SUGGS,
Made this
1st
da y of
June
1978 , iYrhul'l'u
a single woman, and JEAN G. HOPKINS, a single woman,
of tll<' Couuty of Palm Beach , State of Florida ,graotor", and
to the following named persons as tenants in common: 26% interest to Ruby A.
Winchester; 25"/0 interest to Elsie A. Winchester, individually; 25"/0 interest to
Bill R. Winchester; 6% interest to Elsie A. Winchester, as Trustee under Trust <cont)'d. Oi
whos<o post office address is P. O. Drawer 1240, Boynton Beach, Florida 33435 attached page
of the County of
Palm Beach
, State of
Florida
. grantl'eo,
Bitul'lIl1l't~. That said grantor. for' and in considerat;oo of the sum of Ten and 00/100 ($10.00) -----
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - Dollars.
and otht.'1' good and valuahle considerations to said gn\ntol' in hand paid hy said grantee, tht.' rt.'t'cipt wherl'of is lWrt'hy
.acknowledged, Iws gJ'alltcLl. hargained and sold to the said grantee, and grantee's heirs and assi~lIs fon'ver, thl' fol-
lowing descrihed laud. situate. lying aod being in Palm Beach Connty. Florida. to-wit:
All that part of Lots 9 and 10 lying south of the right-of-way of New Boynton Road,
and Lots 23 and 24, all in Palm Beach Farms Company Plat #8, according to the
Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 5, Page 73, all lying in Section 30, Township
45 South, Range 43 East, Palm Beach County, Florida, LESS any right-of-way of
record.
SUBJECT to restrictions and easements of record, if any; taxes for the year 1978
and subsequent years, and to all valid zoning ordinances.
= STATE OF FLORIDAI N . DOCUMENTARV=
, :r
~ " Q 90CUMENTAR~-"';~TAMP TAX I u <:> :~'fitJ.i FLORI A SUR TAX =
~.' ~I ;..
~~ '" ".~ .-
ttl~ ~PT, o~ <<EVENUE (J~\ l I W~. ~'.
:i~ "'~"B
: :'>.0 "" = ..' I
~<.J = = JUL'S'78 \\~- ii' 6 3 o. 0 0 I ~v
-, DEPT. JUL -5'1.
'" <:> - eB -. 'i,.~. .:, '" 01 P.B.
"" ~__. '...~~...~ \ .1 RI',"" 11106
and said grantlll' does herehy fully warrant the title to said land, and will defend the s..me ag"i"st the lawful claims
of an persons whomsoever.
o "Cnmtor" and "grantee" are used for singular or plural. as context requires.
11u BitUl'lIB 1IlIllJl'rpuf. Grantor has hereunto set grantor's hand and seal the day '.lIIe! Y"'U' nrst above written.
Signed. sealed and deliv~~ll' presence: L LJ _ I
~..h/Jr6:U:t- a:/:'GuOv-' ~~~.,~~=:Lf'-l() __ (S,'al)
. Louise Suggs . ~
(~,...1\
".....J
~- ('~\~
'L:J\~ , . '-l- r"u ~ s.
J n G. Hopkins '\.
-1.1t6
(S'>al)
(Seal)
f -1....,.1')
l.'.AJ,vvSTATE OF FLORIDA
',:', /')COUNTY OF PALM BEACH
l'~I."" I HEREBY CERTIFY that on this day before me, an offieer dnly qnalified to lake acknowledgments, personally
lIppe'lred LOUlSE SUGGS, a single woman, and JEAN G. HOPKINS, a single woman,
to me known to be the person S descrjbed in and who executt'd tht' foregoing instrument and acknowledged hdort"
me that t he y executed the same.
WITNESS my hand and official seal io the County and Stllte lllst afo/'<,sai I this
1978 .
My commission expires: March 29, 1982
RetUftl tel j
WlLUAH A. ~ krl'O-""
2881 Eut Odland !lark ~
fcirt Lalid..uIe; JT<I!Ida'-
'l".tl'PhOlle:' Gut "SIOll'
June
m: 2887 PAGE 1 926
'. ,~\;,.\.::,:.l' ,'.~;'~ .;' ' ,
N<Jhtr'y,Public'. :'f'.
:{~~:,-
"(:',~ "-
~.'. \;' ~ "" - .
'. ,
"""''':~'~' 'J- /; :'i" l
II
.-l-
...-
between Ruby A. Win~hester, Grantor, and Elsie A. Winchester, Trustee,
dated December 31, 1975 known as the Bill Ray Winchester, II, Trust No.
1; 6% interest to Elsie A, Winchester, as Trustee, under trust between
RubyA. Winchester, Grantor, and Elsie A. Winchester, Trustee, dated
December 31, 1975 known as the Sheri Me10dee Winchester TruRt No.1;
6% interest to Elsie A. Winchester, Trustee, under trust between Ruby
A. Winchester, Grantor, and Elsie A. Winchester, Trus1ee, dated December
31, 1975 known as the Susan Patricia Winchester Trust No.1; 6% interest to
Elsie A. Winchester, Trustee under trust between Ruby A. Winchester,
Grantor, and Elsie A. Winchester, Trustee, dated December 31, 1975
known as the Kathryn Joy Winchester Trust No.1.
orF. 2 8
REC. 8 7 PAGE 1 9 2 7
p Retard 'krifiel
aim 8eaM CDIIIJ!J. ~
John 8. OUllkll
.Qark Circuit C:.:t
II
Ij
i'
I 19~, by and between RUBY A. WINCHESTER, hereinafter called the
I
Ii "GRANTOR", and ELSIE A. WINCHESTER, hereinafter called the
;1 "TRUSTEE".
I
I
II
I
I herein contained, the TRUSTEE and the GRANTOR agree as follows:
I'
I
I
I
i
I
i
I property listed in Schedule Ar hereto annexed, the receipt of
I which is hereby acknowledged by the TRUSTEE, upon the express
I terms and conditions and with the powers and limitations herein-
! after set forth.
11 transferred by the GRANTOR or by any other person or persons to
II the TRUSTEE, with its consent, and such property shall thereupon
become a part of the Trust Estate and shall be held, managedr
TRUST AGREEMENT
THIS TRUST AGREEMENT, made this
31
day of
December
WIT N E SSE T H :
That in consideration of the premises and the covenants
ARTICLE I
The GRANTOR hereby transfers and delivers to the TRUSTEE the
Additional property may from time to time be
I
I invested, and reinvested and disposed of on the same terms and
I
II
conditions as the property originally transferred.
ARTICLE II
The TRUSTEE shall hold, manager invest and reinvest the
Trust and shall collect and receive the interest, incomer and
profits therefrom for the benefit of SUSAN PATRICIA WINCHESTER
I hereinafter referred to as "BENEFICIARY" r granddaughter of the
I GRANTOR, born December l3r 1964r upon the following terms:
I A. Until. the BENEFICIARY attains the age of TWENTY-ONE
(21) years, the TRUSTEE may pay to or apply for the benefit of
I,
.
II
to confer with, agents engaged by the TRUSTEE for the protection
and administration of the Trust principal.
ARTICLE VIII
Notwithstanding the fact that the GRANTOR or the BENEFICIARY I
or the TRUSTEE may be residing or domiciled in a state other than I
'I I
I, '
I
I
I
the State of Florida, and notwithstanding the fact that the
TRUSTEE hereunder maybe residing or domiciled other than in the
dance therewith.
I
I
hereof shall be determined and governed in all respects by the I
laws of the State of Florida, and the Trust powers and provisions I
I
shall be administered, exercised, and carried in effect in accor- !
I
i
I
than the State of Floridar the validity and the construction
State of Florida, and administers the Estate in a state other
ARTICLE IX
This Trust is hereby declared to be irrevocable and the
II GRANTOR shall have no right to alter or amend same in any respect I
[lor particular. The GRANTOR shall have no right, title or interes~
in any of the income which shall accrue during the term of the '
I Trust, and shall have no incident of ownership in the corpus.
!
I
I
ARTICLE X
This Trust shall be known as the SUSAN PATRICIA WINCHESTER
Trust Number 1.
I
I
II
I
I
I,
I
I
i
II
I
ARTICLE XI
The TRUSTEE hereby accepts the Trust herein created.
- 10 -
.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument in duplicate the day and year first above written.
Signed, sealed and delivered
&iI;~/
r4cU~
~f'aM/
~~~ ,d dd;L~
STATE OF FLORIDA
I COUNTY OF ~n/ ~..A_"-~
}
I
GL~O.~/u-Aee/;t-u
ELSIE A. WINCHESTERr TRUSTEE
I HEREBY CERTIFY that on this day before me, an officer duly
I qualified to take acknowledgments, personally appeared RUBY A.
WINCHESTER, as GRANTOR; and ELSIE A. WINCHESTERr as TRUSTEE, to
me known to be the persons described in and who executed the
Iforegoing instrument and acknowledged before me that they executed
the same.
WITNESS my hand and official
last aforesaid this ~I day
I
'I
II
seal in the County
of ~-c~c:t-v
and State
, 1975.
~~ A c2~eL
Notary Public
My Commission Expires:
Notary Public. State of F10fida Dt lllrge
My CommiSSion Expires Dec. 20. 1978
TRUST AGREEMENT
THIS TRUST AGREEMENT, made this 31 day of December
19~r by and between RUBY A. WINCHESTER, hereinafter called the
"GRANTOR", and ELSIE A. WINCHESTER, hereinafter called the
"TRUSTEE" .
WIT N E SSE T H :
That in consideration of the premises and the covenants
herein containedr the TRUSTEE and the GRANTOR agree as follows':
ARTICLE I
The GRANTOR hereby transfers and delivers to the TRUSTEE the
Iproperty listed in Schedule A, hereto annexedr the receipt of
which is hereby acknowledged by the TRUSTEE, upon the express
terms and conditions and with the powers and limitations herein-
after set forth. Additional property may from time to time be
transferred by the GRANTOR or by any other person or persons to
the TRUSTEE, with its consent, and such property shall thereupon
become a part of the Trust Estate and shall be held, managed,
invested, and reinvested and disposed of on the same terms and
conditions as the property originally transferred.
ARTICLE II
The TRUSTEE shall hold, manager invest and reinvest the
Trust and shall collect and receive the interestr income, and
profits therefrom for the benefit of SHERI MELODEE WINCHESTER
hereinafter referred to as "BENEFICIARY", granddaughter of the
GRANTOR, born April 24, 1959, upon the following terms:
A. until the BENEFICIARY attains the age of TWENTY-ONE
(21) yearsr the TRUSTEE may pay to or apply for the benefit of
I
,
I
I
I
'I
II
II
il
Ii such BENEFICIARY such sums of the net income and principal of the
,!Trust that the TRUSTEE in his sole discretion deems necessary for
I,the support, maintenancer education (including college and pro-
!I
lifessional education), and medical, dental, hospital, nursing
I! expenses and expenses of invalidism of the BENEFICIARY. Any
II doubt as to the proper use of Trust fundsr whether income or
ilprinciPal shall be resolved in favor of BENEFICIARY'S request
II therefor. Undistributed net income is to be added to the Trust
II principal.
II B, On the date BENEFICIARY has attained the age of TWENTY-
ONE (21) years, the BENEFICIARY shall have the power by an instru-
Iment in writing signed by the BENEFICIARY and delivered to the
[TRUSTEE within the period of six (6) months after said date, to
icompel the immediate distribution to him of all of the then
accumulated income and principal of this Trust. If BENEFICIARY
I fails to deliver such instrument to the TRUSTEE as aforesaid
II wi thin the aforesaid period of time r then this Trust shall con-
il tinue until the BENEFICIARY shall attain the age of THIRTY (30)
[,
Iyearsr or shall sooner die. During the continued period the
TRUSTEE shall pay to or apply for .the benefit of the BENEFICIARY
I
jaIl of the net income not less frequently than annually and
II shall r in the TRUSTEE'S sole discretion, apply so much of the
!princiPal of the Trust as the TRUSTEE deems necessary for the
I
I!support, maintenance, education (including college and profes-
II sional education) and medicalr dentalr hospital, nursing expenses
II and expenses of invalidism of the BENEFICIARY.
II
II C.
ilshall terminate and any and all accumulated income and principal
lof said Trust shall be paid to the BENEFICIARY discharged of the
,I h'
~terms of t 1S Trust.
II
II ing the age of TWENTY-ONE (21), or if he does not terminate the
[ITrust at age TWENTY-ONE (21) as hereinabove provided, then if he
shall die before attaining the age of THIRTY (30), the TRUSTEE
II may, wi thin his sole discretion r payout of either income or
'I
II
I,
I[
II
I,
'I
I'
Ii
Upon attaining the age of THIRTY (30) yearsr this Trust
If the BENEFICIARY shall die before attain-
- 2 -
.
II
:1
II
I,
ii
Ii
I'
,I
ill principal of the Trust, the BENEFICIARY'S expenses of last ill-
ness, funeral and burial expenses and the balance of the principal
i I
j and accumulated and undistributed net income of the Trust shall
I be paid to such of BENEFICIARY'S appointee or appointees (includ-
,I ing the estate of said BENEFICIARY) upon such conditions and
I'
,I
I' estates, in Trust or otherwise, with such powers and in such
I
",manner and at such time or times as BENEFICIARY may appoint and
direct by his Last will and Testament specifically referring to
I this general power of appointment.
,
I' and income of the Trust, the TRUSTEE shall be protected in rely-
i ing upon an instrument admitted to probate in any jurisdiction as
,! the Last Will and Testament of the BENEFICIARY or in acting upon
I
[the assumption that said BENEFICIARY has died intestate in case
I
I
I the TRUSTEE received no notice of the existence of BENEFICIARY'S
,
rlLast Will and Testament within three (3) months after BENEFI-
II ClARY'S death.
I
i
,
I
I
II power of appointment, then the TRUSTEE shall distribute all of
iithe accumulated and undistributed net income and principal of the
I
Ii Trust to BENEFICIARY'S issue living on the date of BENEFICIARY'S
lideath, per stirpesr subject, however, to the provisions of Sub-
Ii Paragraph E below, Ifr however, BENEFICIARY has no issue then
,I
ii living then same shall be distributed in equal shares to the
ijbrothers and sisters of said BENEFICIARY living on the date of
Ii said BENEFICIARY'S death except that if anyone of such brothers
II
II and sisters do not survive the BENEFICIARY but leave issue who do
,I
'I
[I survive such BENEFICIARY, such issue living on the date of such
I
'!BENEFICIARY'S death shall receive, per stirpes, the share of such
I
I brother or sister providedr howeverr if such brother or sister or
I,
I! issue of such brother or sister is under the age of TWENTY-ONE
I .
Ii (21) years r the TRUSTEE shall hold such interest pursuant to the
ii
II terms of Sub-Paragraph E below.
! E. Notwithstanding anything herein contained to the con-
I
jtrarYr whenever pursuant to the provisions of this Agreement all
Ii
II
,I
'I
Ii
"
Ii
'I
Ii
In disposing of the principal
D.
To the extent that BENEFICIARY fails to exercise such
- ~ -
.
'I
I
I
I
I
!I
il
I or any part of the Trust principal, accumulated or undistributed
I
I net income of a Trust shall vest in absolute ownership of a minor
I issue (hereinafter referred to as "minor"), the TRUSTEE is
II authorized and empowered, in its uncontrolled discretion, to hold
II the property so vested in such minor, or any part thereof, in a
'I
II separate fund for the benefit of such minor, notwithstanding that
ii'l
such property may consist of investments not authorized by law
,
I for trust funds, and during the minority of such minor to apply
II so much of the net income thereof and any trust principal, if
II necessarYr to the support or maintenance of the minor as it may
II determine in its sole discretion and to accumulate the balance of
II the net income until such minor shall attain the age of TWENTY-
Ii ONE (21) years, and thereupon to pay over the Trust principal,
!I together with all accumulated income, to such minor, and if such
II minor shall die before attaining such age, the Trust principal
.I
II and any accumulated income shall be paid over to the estate of
!I such minor. The authority conferred upon the TRUSTEE by this
II
Ii paragraph shall be construed as a power only, and shall not
II
II operate to suspend the absolute ownership of such property by
I:
"
Ii such minor.
"
'I
I,
Ii property which shall vest in absolute ownership in a minor, and
"
II which shall be held by the TRUSTEE as authorized in this para-
II graph, the TRUSTEE shall have all powers vested in it under the
!I provisions of ARTICLE III herein.
II
II
1'1 in the first, second or any other degree of the ancestor desig-
Ii
II natedr provided that an adopted child and such adopted child's
Ii lawful blood descendants shall be considered issue hereunder.
"
"
Ii
Ii
II
"
!\
I
II
I'i"
hereinafter in this Article referred to as "FIDUCIARY" shall
I
Ii have, in the administration of this Trust, the following powers
1\
,I
I!
II
II
il
II
With respect to the administration of any such
F.
"Issue" herein shall mean the lawful blood descendants
ARTICLE III
Subject to the limitations of ARTICLE IV below, the TRUSTEE,
- 3A -
.
II
/'
II
Ii
II
I
I
and those granted the TRUSTEE under the laws of the State of
Florida as now written or hereinafter amended, all of which shall
Ibe exercised in a fiduciary capacity, in the interest of the
,
BENEFICIARY:
, A. RETAIN ORIGINAL PROPERTY: To retain for such time as
lithe FIDUCIARY shall deem advisable any property, real or personal,
IWhich the FIDUCIARY may receive, even though the retention of
i
'I' such property by reason of its character, amount, proportion to
Ithe total estate, or otherwise, would not be appropriate for the
Ii FIDUCIARY apart from this provision.
B. SELL AND EXCHANGE PROPERTY: To sell, exchange, give
II options upon, partition or otherwise dispose of any property or
llinterest therein which the FIDUCIARY may hold from time to time,
'I
Ilwith or without order of court, at pUblic or private sale or
Ilotherwise, upon such terms and conditions, including credit rand
I
Ifor such consideration as the FIDUCIARY shall deem advisable, and
I
Ito transfer and convey the property or interest therein which is
I
liat the disposal of the FIDUCIARY, in fee simple, absolute or
'(
I!otherwise, free of all Trust; and the party dealing with the
ilFIDUCIARY shall not be under a duty to follow the proceeds or
jliother considerations received by the FIDUCIARY from such sale or
,exchange.
I C. INVEST AND REINVEST: To invest and reinvest, as the
,I
IjFIDUCIARY shall deem advisable, in stocks (common or preferred) ,
I"bonds, debentures, notes, mortgages or other securities in or
I
Iloutside the United States; in insurance contracts, or in annuity
Irontracts for any BENEFICIARY, in any real or personal property,
Ilin investment trusts; in participations in common trust funds,
iand generally in such property as the FIDUCIARY shall deem advis-
I
!able, even though such investment shall not be of the character
Ilpproved by applicable law but for this provision.
II
I
II
II
II
- 4 -
II
. I
I
II
I
I
I D. INVEST WITHOUT DIVERSIFICATION: To make investments
I
I which cause a greater proportion of the total property held by
,
i the FIDUCIARY to be invested in investments of one type or of one
,
I company than would be considered appropriate for the FIDUCIARY
I' apart from this provision.
E. PAY TAXES AND EXPENSES: To pay taxes, assessments,
,.
II compensations of the FIDUCIARY, and other expenses incurrred in
I .
II the collection, care, administration and protection of the Trust
Ii or Estate.
II F. RECEIVE ADDITIONAL PROPERTY: To receive additional
Ii property from any source and administer such additional property
,
as a portion of the appropriate Trust or Estate under the manage-
I ment of the FIDUCIARY; provided the FIDUCIARY shall not be re-
!iquired to receive such property without the FIDUCIARY'S consent.
I
I
I
i compensate out of income or principal or both, and in such propor-
Ition as the FIDUCIARY shall deem advisable, persons deemed by the
Ii FIDUCIARY needful to advise or assist in the proper settlement of
II the Estate or administration of any Trust, including, but not
Illimi ted to agents r accountants, brokers, attorneys at law, at tor-
\neys in factr investment brokersr rental agents, REALTORSr ap-
II praisers, and tax specialists; and to do so without liability for
II any neglect, omission, misconduct, or default of such agent or
I\representative provided he was selected and retained with due
I
care on the part of the FIDUCIARY.
G.
EMPLOY AND COMPENSATE AGENTS, ETC.:
To employ and
i H. DISTRIBUTE IN CASH OR KIND: To make distribution of
l\caPital assets of the Estate or Trust in kind or in cash, or
II partially in kind and partially in cash, in divided or undivided
!interests, as the FIDUCIARY finds to be most practicable and for
II the best interest of the distributees; and to determine the value
Ilof capital assets for the purpose of making distribution thereof,
'which determination shall be binding upon the distributees unless
i
II
II
II
!,
1\
Ii
II
- 5 -
'I
II
"
It
'I
I
I
II
II clearly capricious, erroneous and inequitable; provided, however,
that the FIDUCIARY shall not exercise any power under this sub-
I division unless
I the property to
the FIDUCIARY holds title to or an interest in
be distributed and is required or authorized to
make distribution thereof.
,
I
I
II
II in money, or in property in lieu of moneYr to or for a minor or
11 incompetent in anyone or more of the following ways:
I
I l.
i
1.
PAY TO OR FOR MINORS OR INCOMPETENTS:
To make payments
Directly to such minor or incompetent;
2.
To apply directly in payment for the support,
maintenance, educationr and medical, surgical, hospital, or other
I institutional care of such minor or incompetent;
3. To the legal or natural guardian of such minor or
incompetent;
4. To any other personr whether or not appointed
I
I guardian of the person by any court, who shall, in fact, have the
[care and custody of the person of such minor or incompetent.
I
II The FIDUCIARY shall not be under any duty to see to the
II application of the payments so made, if the FIDUCIARY exercised
Idue care in the selection of the person, including the minor or
lincompetent, to whom such payments were made; and the receipt of
such person shall be full acquittance to the FIDUCIARY.
J. To continue to participate in the operation of any
Ibusiness in which the Trust asset or assets may form a part or
'I
Ilwhole and to exchange such assets for a partnership interest, a
ilimited partnership interest, or stock in a corporation formed in
II order to change the form of the organization operating the business
I
II in which the TRUSTEE holds such asset.
II
II
I'
il
[i
II
II
I'
l!bY law shall be construed to enable the GRANTOR or TRUSTEE, or
II
II
II
II
I,
Ii
Ii
!\
ARTICLE IV
No powers enumerated herein or accorded to TRUSTEE generally
- 6 -
.
I
I
,
,
'I
II any other person, to purchase, exchange, or otherwise deal with
or dispose of the corpus or income of this Trust for less than an
I adequate consideration in money or money's worth, or to enable
Ithe GRANTOR to borrow the corpus or income of this Trust, directly
lor indirectly, without adequate interest or security. No person,
I other than the Trustee, shall have or exercise the power to vote
lor direct the voting of any stock or other security of this
Trust, to control the investment of this Trust, either by direct-
ing investments or reinvestments, or to reacquire or exchange any
property of this Trust by substituting other property of an
I
'equivalent value. No part of the corpus or income of this Trust
I shall be used for or applied to the payment of premiums upon
!policies of insurance on the life of the GRANTOR.
I:
I'
,
II The BENEFICIARY'S interest under this Trust shall not be
I!subject to assignment, anticipation, claims of creditors, nor
II seizure by legal process. If the TRUSTEE shall believe that the
!interest of the BENEFICIARY is threatened to be diverted in any
'l'lmanner from the purposes of the provisions herein made, the
ITRUSTEE shall withhold the income and principal from distribution, I
Iland shall apply payments in the TRUSTEE'S discretion in such
Ilmanner as it shall believe contributes to the maintenance, comfort,
j'education, and necessities of the BENEFICIARY. Whenever the
I
i
IITRUSTEE is satisfied that such diversion is no longer effective
ilor threatened, the TRUSTEE may resume the distributions of income
I'
II and principal authorized.
:1
!I
II
I
,I A. The TRUSTEE shall render a written accounting of the
II
II ... .
i!admJ.nJ.stratJ.on of thJ.s Trust upon request of GRANTOR or of the
Ilguardian of the person or property of the BENEFICIARY until the
II
,
I
I
II
:1
II
ARTICLE V
ARTICLE VI
- 7 -
.
Ii
I'
II
,I
II
II
I BENEFICIARY
reaches the age of EIGHTEEN (18) years, and there-
i after to the BENEFICIARY; provided such requests are not made
I
II more than once during each calendar year. The books of account
and records of the Trust administration shall always be open to
,the inspection of such persons named above, during the reasonable
Ibusiness hours.
i
I B. The approval of an accounting of any TRUSTEE by a
I
I
jwritten instrument signed by:
II 1. The GRANTOR, if GRANTOR is then living, and if the
BENEFICIARY is not sui juris; or
II 3.
IIBENEFICIARY'S guardian of the person, if a guardian of the prop-
I
II erty of said BENEFICIARY has not been appointedr if the GRANTOR
Ii is dead and the BENEFICIARY is not sui juris;
jShal1 be a complete release and discharge of such TRUSTEE with
lirespect to the administration of the Trust income and principal
Ii
I for the period covered by such accounting, binding upon all
i
I persons and no other TRUSTEE shall have any responsibility or
II
Ii liabili ty for such accounts.
il
Ii
II
II
I,
Ii
I:
II
II
'iof administration of this Trust or is unable to administer this
I
!Trust, then in that event, BILL RAY WINCHESTER is appointed to
I
jlact in her place and stead with all the powers given to the
Ii
/1 original TRUSTEE. If said BILL RAY WINCHESTER shall not then be
,I living or shall be unable or fail to make such appointment, then
II ERNEST KLATT is appointed to act in his place and stead.
'I
I B. Any TRUSTEE may resign as TRUSTEE of this Trust by a
II signed written instrument given to:
I 1. The GRANTOR of this Trust, if GRANTOR is living on
I
I
lithe date of such written instrument, and if on the date of such
I'
I
,
I
I
I
I
I
II
,I
Ii
"
2. To the BENEFICIARY if BENEFICIARY is sui juris; or
The BENEFICIARY'S guardian of the property or the
ARTICLE VII
A.
If ELSIE A. WINCHESTER resignsr dies, during the course
"
I
I'
"
-,
,
i
'I
II written instrument the BENEFICIARY is not sur juris; or
I)
I'
,I
Ii
'Ion the date of such written instrument; or
II
lito the guardian of the person of said BENEFICIARY if the guardian
Ii of the property of said BENEFICIARY has not been duly appointed,
lion the date of such written instrument, if the GRANTOR is dead on
lithe date of such written instrument, and on the date of such
"
Ii written instrument, the BENEFICIARY is not sui juris;
Ii such written instrument shall be addressed to the aforesaid
,I
ilperson at their last known address, certified mail, return receipt
;1
[[reqUested, and shall specify the effective date of the resignation
I'
!iWhiCh shall not be less than forty-five (45) days after the date
II of such written instrument.
Ii
Ii
liment, shall prepare an accounting for the period of said TRUSTEE'S
!administration of this Trust, and have such accounting approved
iby the person and in the manner specified in ARTICLE VI, Sub-
Ii
[iParagraph B, and the approval of such accounting shall be a
II
II complete release and discharge of such TRUSTEE, with respect to
I the adminstration of the Trust property for the period covered by
1
1
II such accounts binding upon all persons and no other TRUSTEE,
III including the successor TRUSTEE, shall have any liability or
i responsibility for such accounts and accounting.
-I
"
Ii
[I
il rendered as TRUSTEE.
[,
ii E. The original TRUSTEE and each successor TRUSTEE shall
Ii be reimbursed out of the Trust for any and all reasonable expenses
I. incurred in the management and the protection of the Trust princi-
,. pal and for expenses incurred in conferring with, or trips made
Ii
Ii
I!
II
,I
.,
I:
I'
Ii
Ii
II
Ii
!l
I'
2.
To the BENEFICIARY if the BENEFICIARY is sui juris
3.
To the BENEFICIARY'S guardian of the property, or
C.
The TRUSTEE being succeeded in office under this instru-
D.
The TRUSTEE shall receive no compensation for services
- 9 -
I'
II
II
I
I
i
It
II
II to confer with, agents engaged by the TRUSTEE for the protection
II
'I' and administration of the Trust principal.
I
II
Ii
d
Ii
'I
I
I or the TRUSTEE may be residing or domiciled in a state other than
I
I the State of Florida, and notwithstanding the fact that the
[I
I TRUSTEE hereunder may be residing or domiciled other than in the
I',:
State of Florida, and administers the Estate in a state other
"
Ii
Ii than the State of Florida, the validity and the construction
II hereof shall be determined and governed in all respects by the
,[ laws of the State of Florida, and the Trust powers and provisions
I
!
: shall be administered, exercised, and carried in effect in accor-
I
I dance therewith.
I,
I
I.
Ii
i
i
I
I
I GRANTOR shall have no right to alter or amend same in any respect
I
I or particular.
I
Ii in any of the income which shall accrue during the term of the
I'
Ii Trust, and shall have no incident of ownership in the corpus.
I
i
I
I
,I
1\
II
ii Trust Number l.
I,
I'
il
II
II
:1
,
,
,
i
i
II
I
I
,
I
I
II
Ii
II
\1
II
,!
ARTICLE VIII
Notwithstanding the fact that the GRANTOR or the BENEFICIARY
ARTICLE IX
This Trust is hereby declared to be irrevocable and the
The GRANTOR shall have no right, title or interest
ARTICLE X
This Trust shall be known as the SHERI MELODEE WINCHESTER
ARTICLE XI
The TRUSTEE hereby accepts the Trust herein created.
_ , n _
.
11
'I
I,
II
II
II
II
I instrument in duplicate the day and year first above written.
II
Ii Signed, sealed and delivered
!I in the presence of:
~/c a:tL#
~4~~~
b J u / ;-,/-- /~7
cJ-f~~-I'-Z &!:tk4;ff
~~A~~
I'
I
II
,I
I STATE OF FLORIDA
I, COUNTY OF ~(/ 4e4d-
II
II I HEREBY CERTIFY that on this day before me, an officer duly
Ii qualified to take acknowledgments, personally appeared RUBY A.
II
I WINCHESTER, as GRANTOR; and ELSIE A, WINCHESTER, as TRUSTEE, to
Ime known to be the persons described in and who executed the
IN WITNESS WHEREOF, the parties hereto have executed this
,
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~e./a. t!-J~cAtALvt..!-:hJj
ELSIE A. WINCHESTER, TRUSTEE !
i
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:
I
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,
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,
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I foregoing
I
the same.
instrument and acknowledged before me that
\
,
,
they executed I
I .
!last
I
I
'I
II
I
I
IMy Commission Expires:
I'
WITNESS my hand and
aforesaid this ~/
official
seal in the County
of ,M"-<?-'07LLvU
and State
day
, 1975.
y~~4 ~~
Notary Publ~c
Notary Public. S';:!/) nf Flnrida ill l"rgll
My Commission ExjJJrc, Doc. 20. 1978
- 11 -
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1
TRUST AGREEMENT
THIS TRUST AGREEMENTr made this 31 day of December
-
\19 75 , by and between RUBY A. WINCHESTER, hereinafter called the
il IIG~ORII and ELSIE A. WINCHESTER, hereinafter called the! \
I '
\"TRUSTEE".
\
herein contained, the TRUSTEE and the GRANTOR agree as follows: \
II
II
1\
I Th' GRANTOR h,r,by tran,f,r' and d,liv,r' to th, TRUSTEE th,
lprop,rty li,t,d in Schedule A, hereto ann'xed, the r,c,ipt of
~WhiCh is hereby acknowledged by the TRUSTEE, upon the express
~terms and conditions and with the powers and limitations herein-
I[
laft,r "t forth. Additional property may from tim' to tim' b'
Ii transferred by the GRANTOR or by any other person or persons to
\th, TRUSTEE, with it' con,ent, and ,uch prop,rty ,hall th,r,upon
II become a part of the Trust Estate and shall be heldr managed,
linvestedr and reinvested and disposed of on the same terms and
\conditions as the property originallY transferred.
\
,I
1\
\1
\
:\
~Trust and shall collect and receive the interest, income, and
I'
1\ profits therefrom for the benefit of KATHRYN JOY WINCHESTER
II hereinaft,r referred to .. "BENEFIC1,,"Y", g",nddaughter of th'
tGRANTORr born June 22, 1966, upon the following terms:
~I A. until the BENEFICIARY attains the age of TWENTY-ONE
(21) years, the TRUSTEE may pay to or apply for the benefit of
\
I
\
I
\
,
WIT N E SSE T H :
ARTICLE I
ARTICLE II
\
\
\
\
The TRUSTEE shall holdr manage, invest and reinvest the
\
\
\
\
t
\
\
.
to confer withr agents engaged by the TRUSTEE for the protection
and administration of the Trust principal.
ARTICLE VIII
II
Ii
I or the TRUSTEE may be residing or domiciled in a state other than
i
Notwithstanding the fact that the GRANTOR or the BENEFICIARY
I the State of Florida, and notwithstanding the fact that the
,
II
'[
I
II
I
I
I
,
TRUSTEE hereunder may be residing or domiciled other than in the
State of Florida, and administers the Estate in a state other
than the State of Florida, the validity and the construction
hereof shall be determined and governed in all respects by the
laws of the State of Florida, and the Trust powers and provisions
shall be administeredr exercised, and carried in effect in accor-
dance therewith.
II
"
I'
II This Trust is hereby declared to be irrevocable and the
I GRANTOR shall have no right to alter or amend same in any respect
I or particular.
I in any
II
I Trust,
ARTICLE IX
The GRANTOR shall have no right, title or
I
,
interestl
I
I
i
I
I
i
I
of the income which shall accrue during the term of the
and shall have no incident of ownership in the corpus.
II ARTICLE X
'I
I This Trust shall be known as the KATHRYN JOY WINCHESTER
I Trust Number 1.
ARTICLE XI
The TRUSTEE hereby accepts the Trust herein created.
II
II
I
I
I'
II
I,
Ii
il
Ii
It instrument in duplicate the day and year first above written.
I
II Signed, sealed and delivered
Ii in the presence of:
~~ad#?
IIA .
I~~~ ,prf' dl~~~
b /{ ? f-//J
cl1~<'J~T ~ ai~~ ~
II ? .
fi~.46/~L:
II
II
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I
Iii STATE OF
[COUNTY OF
i!
I
I I HEREBY CERTIFY that on this day before me, an officer duly
I qualified to take acknowledgmentsr personally appeared RUBY A.
IWINCHESTERr as GRANTOR; and ELSIE A. WINCHESTER, as TRUSTEE, to
i
i. me known to
i
i foregoing instrument and aCknowledged before me that they
II the same.
\1
I
i last aforesaid this ,") I
I'
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I
I
I .
1M; Commission Expires:
I
I
I
II
,
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II
.
II
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IN WITNESS WHEREOF, the parties hereto have executed this
~, 71;-- >
. r L- tL-t_",.
WINCHESTER, GRANTOR
FLORIDA
&7~ ~~
!
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(:;.Ldoa(d~AI!~~ji
ELSIE A. WINCHESTER, TRUSTEE !
I
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executed i
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be the persons described in and who executed the
WITNESS my hand and official
seal in the County
day of &~~.v
and State
, 1975.
sxfaJ~--- xr ~L
Notary Public
Naf:lry fluLlic. SI:lte of Florida :::t lnrge
My Commission Expires Dee. 20. 1973
II
II
II
I' THIS TRUST AGREEMENT, made this 31 day of December
119~r by and between RUBY A. WINCHESTER, hereinafter called
TRUST AGREEMENT
the
"GRANTOR", and ELSIE A. WINCHESTER, hereinafter called the
I
I "TRUSTEE".
~ WIT N E SSE T H :
I,
Ii
I That in consideration of the premises and the covenants
I
Iherein contained, the TRUSTEE and the GRANTOR agree as follows:
i
II
\,
II
II
i
Iproperty listed in Schedule A, hereto annexedr the receipt of
ARTICLE I
The GRANTOR hereby transfers and delivers to the TRUSTEE the
Iwhich is hereby acknowledged by the TRUSTEE, upon the express
Iterms and conditions and with the powers and limitations herein-
I
rfter set forth. Additional property may from time to time be
!transferred by the GRANTOR or by any other person or persons to
lithe TRUSTEEr with its consent, and such property shall thereupon
ibecome a part of the Trust Estate and shall be held, managed,
I
[invested, and reinvested and disposed of on the same terms and
Ilconditions as the property originally transferred.
Ii
II
I
ARTICLE II
The TRUSTEE shall holdr manage, invest and reinvest the
I'Trust and shall collect and receive the interest, income, and
profits therefrom for the benefit of BILL RAY WINCHESTER, II
Ihereinafter referred to as "BENEFICIARY", grandson of the GRANTOR,
born March 2, 1974r upon the following terms:
I
I
1(21)
I
A. Until the BENEFICIARY attains the age of TWENTY-ONE
yearsr the TRUSTEE may pay to or apply for the benefit of
I
I
I
I
I
I,
to confer with, agents engaged,by the TRUSTEE for the protection
and administration of the Trust principal.
ARTICLE VIII
Notwithstanding the fact that the GRANTOR or the BENEFICIARY
or the TRUSTEE may be residing or domiciled in a state other than
the State of Florida, and notwithstanding the fact that the
TRUSTEE hereunder may be residing or domiciled other than in the
State of Florida, and administers the Estate in a state other
than the State of Florida, the validity and the construction
hereof shall be determined and governed in all respects by the
laws of the State of Florida, and the Trust powers and provisions
shall be administered, exercised, and carried in effect in accor-
dance therewith.
ARTICLE IX
This Trust is hereby declared to be irrevocable and the
GRANTOR shall have no right to alter or amend same in any respect I
or particular. The GRANTOR shall have no right, title or interest
in any of the income which shall accrue during the term of the
Trust, and shall have no incident of ownership in the corpus.
ARTICLE X
This Trust shall be known as the BILL RAY WINCHESTER, II
Trust Number 1.
ARTICLE XI
. The TRUSTEE hereby accepts the Trust herein created.
I
~
I
I
I
- 10 -
IN WITNESS WHEREOF, ,the parties hereto have executed this
instrument in duplicate the day and year first above written.
Signed, sealed and delivered
in the presence of:
I d
6?r~at~.
I .
, -
@ '"
II 1t?12a/)!
A~
,
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GL..u.'u O. t~1..CAtdit-il..Aa.'d:t(
ELSIE A. WINCHESTERr TRUST~E
STATE OF FLORIDA
COUNTY OF Mw 0c Cl-<l.b
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared RUBY A.
I
WINCHESTER, as GRANTOR; and ELSIE A. WINCHESTERr as TRUSTEE, to
!me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that they executed
the same.
WITNESS my hand and official
last aforesaid this ....~ / day
seal in the County
of ~'"'-?>~
and State
, 1975.
My Cpmmission Expires:
tc-5~..-/A ~h
otary Public
Notary Public. Slilte of rllJrid.J ;It l.arge
My Commission Expires Doc. 20, 1978
- 11 -
....."
t
.
?age 3
II.
SITE DATA
The following information must be filled out below and ~ust
appear, where applicable, on all six (6) copies of the site plan:
Land Use Category shown in
the comprehensive Plan Commercial Local Retail
2. Zoning District Planned Commercial Development
1.
3,
Area of Site 13.~7
acres 604,220.76 sq. ft.
4. Land Use -- Acreage Breakdown
a, Residential, including N/A
surrounding lot area or
grounds
b. Recreation Areas * N/A
(excluding water area)
c. Water Area N/A
% of site
acres
N/A
N/A
% of site
acres
acres
N/A
% of site
d. Commercial
g7.7 % of site
N/A % of site
N/A % of site
e. Industrial
13 0;0;1 acres
N/A acres
f. Public/Institutional
N/A acres
g. public, private and
Canal rights-of-way
h. other (specify)
.32 acres
2.3 % of site
N/A acres
N/A % of site
'.
i. other (specify)
acres
N/A
% of site
N IA
j, Total area of site
1"1.87 acres
100
% of site
* Including open space suitable for outdoor recreation,
and having a minimum dimension of 50 ft.. by 50 ft,
5. Surface Cover
a. Ground floor building 1;:>0.000 sq.ft.
area ("building footprint")
19.9
% of site.
b. Water area
sq.ft.
N/ A % of site
MIA
c. Other impervious areas,
including paved area of
pUblic & private streets,
paved area of parking
lots & driveways (ex-
cluding landscaped areas),
and sidewalks, patios,
decks, and athletic
courts. 35795? 7~q.ft.
d. Total impervious area477Qo;;:>.76 sq.ft.
59.2
% of site.
% of site
N I A
e. Landscaped area 43028 sq.ft.
inside of parking lots
(20 sq, ft, per interior
parking space required-
see Sec. 7.5-35(g) of
:..Landscape Code).
Planning Dept. 1/89
7.1
% of site'
, .. ".. \ '." (""~
" Page 4
f- other landscaped areas, 83,240 sq. ft, 13.3 % of site
excluding water area
g. other pervious areas,
including golf courses,
natural area~, yards, and
swalesr but excluding 1> of site
water areas sq. ft.
h. Total pervious areas lLfJ,LbCS sq. ft, 20.9 % of site
i. Total area of site 604,220.76sq. ft. 1 nn % of site
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office 120rOOO sq. ft.
c. Industrial/Warehouse sq, 'ft.
d. Recreational sq, ft.
e, public/Institutional sq. ft,
f. other (specify) sq. ft.
g. Other (specify)
sq. ft.
, h. Total floor area l?n ()()() sq. ft, "
N/A 7. Number of Residential Dwellinq Uni,ts
a. Single-family detached dwelling units
b. Duplex dwelling units
c. Multi-Family '3 +
attached dwelling units l
" (1) Efficiency dwelling units
(2 ) 1 Bedroom dwelling units
( 3 ) 2 Bedroom dwelling units
( 4) 3+ Bedroom c\welling units
d. Total mUlti-family dwelling units
e. Total number of dwelling units
NJA 8'-
N/A 9.
N/A 10.
"
,
Gross'Densitv
dwelling units per acre
Maximum height of structures on site
Required off-street parkinq
feet
storie,s
'a. calculation of required
number of off-street
parking spaces
b. Off-street parking spaces.
provided on site plan
Planning'Dept. 1/89
, .
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Page S
III. SITE PLAN REQUIREMENTS
The following materials are to be submitted in si:( (6)
copies. Each set of plans must be stapled together in
a single package. Scale of drawings must be 200 ft.
(or less) to the inch. Incomplete site plans will not
be processed.
(check)
XX 1. Boundaries and dimensions of the parcel.
XX 2, Scale, graphic scale, north arrow, and date.
XX 3. Adjacent properties or land uses.
xx 4. Pavement edge and/or right-of-way lines for all
streets, alleys, sidewalks, turn lanes, driveways
and unimproved rights-of-way within one-hundred
(100) feet of the site. Also, names of adjacent
streets and rights-of-way.
xx 5. Location of all proposed structures, and any J
existing structures that are to remain on the
site.
xx 6.
XY 7.
N/A 8.
Setbacks of all structures (over 3 ft. in ,height)
from property lines.
Use of each structure, indicated on the site plan.
Number of efficiency, l-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to
be indicated on site plan.
XX 9. Indication of height and number of stories of
each structure.
xx 10. Indication of structures, equipment, etc. above
4S ft. height, including height in excess of
45 ft.
N/A 11. Floor plans or typical floor plans for all
structures.
N/A 12. Finish floor elevations of all structures.
XX 13. Uses within each structure, indicated on floor
plans.
N/A 14. Elevations or typical elevations of all structures;
including materials, surface treatments, and color
scheme of all exterior surfaces, including roofs.
N/A 15. Indication of the numbers and types of recreational
facilities to be provided for residential
developments.
XX 16, Indication on site plan of location, orientation, and.
height of all freestanding signs and wall signs..
X~ 17. Location of walls and fences, and indication of their
height, materials, and color.
XX 18. A landscape plan, showing conformance with the
Landscape Code and Tree Preservation Code, and
showing adequate watering facilities. Plants
must be keyed out according to speciesr size
and quantity. ' .
Planning. Dept. 1/89
.
.
...-.....,.,.,..........
Page .6
XX 19. A sealed survey, by a surveyor registered in the
State of Florida, and not older than six (6) ,
months, showing property lines, including be~r~~gs
and dimensions; north arrow, date, sca~e, ex~s~ing
s7ructures and paving, existing elevat~ons,on
s~te, rights-of-way and easements on or adJace~t
to the site, utilities on or adjacent to the s~te,
legal descriptionr acreage to the nearest one-
hundredth (1/100) of an acre, location sketch, and
surveyor's certification. Also) sizes and locations
of existing tree and shrubs, including common and
botanical names, and indication as to which are to
be retained, removed, relocated, or replaced.
N/A 20. Location of existing utility lines on adjacent
to the property to 'be indicated on the site plan,
in addition to being shown on the survey. Also,
location of existing fire hydrants on or adjacent'
to the site,
N/A 21. Location of additional fire hydrants, to meet standards.
set forth in Article X, section 16 of the Subdivision
and plattinq Requlations.
N/A 22. Fire flow calculations justifying line size for
both on/off site water lines,
N/A 23. Sealed engineering drawings for proposed utilities,
as per City specifications.
XX 24. Information regarding form of ownership (condo-
minium, fee simple, lease, etc.).
,
xx
25. Location and orientation of garbage cans or
dumpster facilities: All garbage dumpsters must be
so located to provide direct access for the City
front-end loaders, and the dumpster area must be
provided with adequate width and height clearance. .
The site must be so designed to eliminate the necessity
for the front-end loader to back into any street. If
any use requires the disposal of wet'garbage, a ten
foot by ten foot (10' x 10 ') concrete slab shall be :
provided, All dumpsters must be screened and
landscaped in accordance with the City Landscape Code.
(See Sec. 7.5-35 (i). A minimum 10. foot wide opening
is required for dumpster enclosures.
26. A parking lot design and construction plan showing
conformance to the City Parking Lot Regulations,
and including the following information. Any .
exceptions to the Parking Lot regulations that are
proposed or that are to continue will require an
application for Variance to the Parking Lot
Regulations. '
xx
. .
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs,
car stops,. and double striping. .
c. A cross-section of materials to be used in the
construction of the parking lot.
d. A lighting plan for the building exterior and
site, including exterior security lighting,
and lighting for driveways and parking lots;
to include the location of lighting standards,
direction of lighting, fixture types, lamp
types and sizes, and average illumination
level(s) in footcandles.
".
Planning Dept. 1/89
.
,
N/A
,
..,.,0"":'''''.''
?age 7
e, Information showing conformance with the City
street and Sidewalk Ordinance, including
construction of sidewalks along adjacent
public streets.
Location of existing and proposed public and
private streetsr including ultimate rights-of-
way.
f.
On-site traffic plan, including arrows and
other pavement markings, traffic signs, and
stop signs at exits.
Location of handicap parking spaces, plus
signs and access ramps, consistent with the
state Handicap Code.
A drainage plan for the entire site, including
parking areas; to include finish grade and
pavement elevations, drainage calculations, and
details of the drainage system. If the
total impervious area on site exceeds
twenty-five thousand (25,000) square feet,
then drainage plans and calculations must be
prepared by an engineer registered in the
state of Florida, and must be sealed.
Percolation tests must be provided with
drainage calculations.
Existing elevations on adjacent properties,
and on adjacent rights-of-way,
27, In addition to the above requirements, the following
items shall be submitted to the planning Department
no later than the date of the Community Appearance
Board deadline: .
I
a. One copy of colored elevations for all
buildings and signage to be constructed on site.
These elevations must be of all sides of each
type of building and signage proposed and the
colors proposed must be accompanied by a
numerical code from an established chart
of colors, Elevations must also include
information related to building'.materials.
All elevations must be submi.tted on 24" x 36"
drawings. Buildings constructed will be
inspected on the basis of the elevations
submitted to the City and approved by the City
commission. Failure to .construct buildings
consistent with elevations submitted will
result in the Certificate of Occupancy being
withheld.
g,
h,
1.
j,
b, A transparency of the site plan (maximum size
of 8-1/2" x 11"). At the discretion of the
applicant, the Planning Department will prepare
transparencies from the site plan document.
However, the Planning Department will not be
responsible for poor quality transparencies
which result from the submission of poor qua~ity
site plan blueprints, and poor quality .
transparencies will not be presented to the
planning and Zoning Board or City Commission.
c. colored photographs of surrounding buildings
(minimum size 8" x lO"),
. .
Planning Dept. 1/89
"
. '. "I"~
,
,
page 8
N/A 28. Any other engineering and/or technical data, as
may be required by the Technical Review Board to
determine compliance with the provisions of t~e
City's Code of Ordinances.
Any of the above requirements may be waived by the
Technical Review Board, if such information is
deemed to be nonessential by the Board.
-"" -
Planning Dept. 1/89
,
KNUTH ROAD P.C.D.
APPLICANTS RESPONSE
A. Whether the proposed rezoning would be ccnsistent with
applicable Comprehensive Plan policies. The planning
Department shall also recommend limitations cr requirements
which would have to be imposed on subsequent development of
the property, in order to comply with policies contained in
the Comprehensive Plan.
Simult~neous with the application for rezoni~g, the applicant
requested an amendment to the existing Land Lse designation
and text for Area 7.j. of the Future Land Use Element Support
Document. If these amendments are approved, the subsequent
rezoning will be consistent with the amended text.
Page 40 of the plan specifically allows additional commercial
designations "for minor boundary adjustments, small infill
parcels, or commercial uses of a highly specialized nature,
which have special locational or site requirements, and
therefore cannot be easily accommodated on already designated
commercial areas." The applicant contends U.at this site
meets these requirements.
1. The property already has a Commercial Desjgnation in Palm
Beach County. The County adopted Comprehensi'e Plan
designated the north 450 feet High Intensive Commercial and
the remainder as COl1unercial Recreation. There is an existing
approval allowing for the construction of a ,olf and tennis
center including driving range for this property. The City
plan also designates the North 250 feet for local Retail
Commercial. The issue is only one of whether the Local Retail
Commercial should be extended to include the entire site, a
"minor boundary adjustment."
2. Much of the commercial inventory referenced by staff is
located in other areas of the City where lac}': of demand
and/or dimensions make the future prospect OJ.' development
unlikely. Modern shopping facilities include larger anchor
stores than even several years ago. The eXl.sting
recommended depth of 250 feet cannot accommoc'.ate a modern
center and violates the City pOlicy of "discouraging strip
commercial development." Much of the availab::e commercial
inventory is along U.S. 1 and is of insufficient depth to
accommodate these uses. Additionally, the nc,w uses wish to
locate in an area where the population can sLpport the uses.
Knuth Road PCD
Applicant's Response
Page 2 of 4
Again~uch of the vacant commercial land is in the wrong
place. Lastly, the location of the mall in this area has
designated this geographic area as a prime commercial
location attracting users to where people are already going.
3. The intersection of Knuth Road and Boynton Beach Boulevard
is already designated for commercial developm~nt consistent
with the City policy of "encouraging commercii',l uses to be
located at intersections. Knuth Road has been designated to
be routed to provide a major entrance to the Eoynton Beach
Mall to the North and the applicant has agreec to construct
Knuth Road to provide continuity to Woolbright Road to the
South. Woolbright Road is scheduled to be con~tructed by the
County in fiscal year 1990-1991.
3. The applicant feels that this property is also an infi11
situation, All of the land surrounding it is ~lready
developed. The text for Area 7.j. specificalJ.y recommends
Local Retail Commercial for a portion of the ~,ite. As the
property is a single entity the applicant is requesting that
only this one land use be applied to the site. The applicant
believes a properly designed Planned Commercii,l Development
allows for appropriate infill and transition between this
intersection and the Quail Ridge golf Course to the south and
west. Staff recognizes that the development should have no
adverse impact on Quail Ridge.
B. Whether the proposed rezoning would be contrary to the
established land use pattern, or would create an isolated
district unrelated to adjacent or nearby dist;:icts, or would
constitute a grant of special privilege to an individual
property owner as contrasted with the protect~.on of the
public welfare.
As previously indicated the property to the north and east
the petition is currently being utilized for 'commercial
purposes. The existing Commercial depth of the property to
the east is significantly deeper that the 250' suggested by
staff. The applicant is not requesting that d new use be
applied to his site, only that the designated use of the
frontage be allowed sufficient depth to permi~ a modern
designed Planned Commercial Development. The ?lanned
Commercial Development is designed to mitigate any impact
with the residential property to the west, sClth and east
through the use of landscape buffers and wall~.
Furthermore, the applicant is required to sigrralize the
intersection thereby benefitting the residenc~s who now must
negotiate this dangerous intersection without a light.
Knuth Road PCD
Applicant's Response
Page 3 of 4
C. Whether changed or changing conditions ma](e the proposed
rezoning desirable.
The proposed use has probably been the best use for the
property for some time. Because the property was already
designated Commercial in part the applicant assumed that t he
whole site could be utilized for Commercial purposes at such
time that development was timely and proper. The application
for a Planned Commercial Development reflects the changing
times in shopping center developments where integrated plans
supercede old strip commercial development which would occur
if the site was built according to the existing plan.
The current designation was assigned by staff with no input
from the property owner.
D. Whether the proposed rezoning would be ccmpatible with
utility systems, roadways, and other pUblic facilities.
The proposed use constitutes a significant decrease in the
amount water and sewer connections required \.:nder the
Moderate and Local Retail designations. Mr. E.S. Rogers has
addressed the issues raised in Mr. Keller's letter. Because
this application was submitted to Boynton Be~ch prior to
February I, 1990 it is not subject to the Municipal
Implimentation Ordinance, (See letter of Mr. Cannon.)
E. Whether the proposed rezoning would be compatible with
the current and future use of adj acent and nc,arby properties,
or would affect the property values of adjaccmt or nearby
properties.
The proposed use is entirely consistent with the existing and
future land uses to the north, and east. The] applicant has
designed the Planned Commercial Development:o minimize any
impact on adjacent neighbors. Staff has concLuded that the
proposed use would have no negative effect 011 Quail Ridge due
to the existing buffers and separation of hOj~es because of
the golf course design. The applicant has me~ with the
adj acent neighbors in stonehaven several tim,;s I and offered a
separate agreement guaranteeing certain bUff."ring conditions
between stonehaven P.U.D. and the Applicant.
F. Whether the property is physically and e.~onomically
developable under the existing zoning.
The applicant contends that the property is :.10t developable
under existing zoning for the following reasons:
.
Knuth Road PCD
Applicant's Response
Page 4 of 4
1. The existing depth of the Local Retail Commercial
designation promotes strip commercial development which is
not in the interest of good planning or markc,table.
2. The small parcel of land remaining cannot be properly
developed into a residential community as it is too small for
developing a sense of community.
G. Whether the proposed rezoning is of a scale which is
reasonably related to the needs of the neigh~orhood and the
City as a whole,
The applicant has submitted a market analysis indicating that
this ~roject is supportable by existing and future
populations. The staff has accepted the findings of this
analysis. This use will have not effect on the Central
Business District as there are no properties in that area of
similar configuration which would allow a development of this
type.
H. Whether there are adequate sites elsewhere in the City
for the proposed use, in districts where such use is already
allowed.
The applicant has reviewed the City inventory of commercial
lands and has determined there are no other sites of similar
sizer shape, and location except for the companion petitionr
Boynton Beach Boulevard FeD. The value of this site is
particularly enhanced by its location at the intersection of
Winchester Boulevard and Boynton Beach Boulevard which is a
major accessway to Boynton Beach Mall.
,
~
AGREEMENT
This Ag-raement entered into this day of June, 1990, by
and between STONEHAVEH HOMEOWNERS ASSOCJ:ATIOH, INC., a Florida
corporation ("Association") and BILL R. WINCHESTER ("Winchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("SChroeder"),
WHEREAS, there are ourrently pending- before the City of
Boynton Beach, Florida, applications for Annexation, Future Land
Use Element Amendment, Rezoning and Comprehensive Plan Text
Amendment for projects known as "Boynton Beach Boulevard PCD" and
"Knuth Road PCD" and an application for Future Land Use Element
Amendment from "Low Density Residential" to "Medium Density
Residential" and rezoning- from PUD with a Land Use Intensity of
four (4) to PUD with a Lanl1 Use Intensity of five (5) to allow
for the construction of 192 multi-family dwelling units and a
churCh with respect to the project known as "Tara Oaks PUD"; and
WHEREAS, Schroeder is the Applicant with respect to the
application, known as "Boynton Beach Boulevard PCD" pending-
before the city of Boynton Beach, Florida and is the Contract
Purchaser of the property which is the subj ect of the Boynton
Beach Boulevard application; and
WHEREAS, Winchester is the Applicant with respect to the
application known as "Knuth Road PUDII pending- before the City of
Boynton Beach, Florida and as a general partner of the
Partnership which owns the property which is the subject or the
Knuth Road PUD application can bind the owner of same; and
WHEREAS, Winchester is the' Applicant with respect to the
application known as "Tara Oaks PUD" pending before the City of
Boynton Beach, Florida and is the Contract Purchaser of the
property Which is the subject of the Tara Oaks PUD application;
and
WHEREAS r Association represents the property owners
the residential development known as "Stonehaven PUD"
within the City of Boynton Beach, Florida; and
within
lying
WHEREAS, Association is entering into this Ag-reement after
having- a membership meeting at which a quorum was present and
having- received the approval of a substantial majority of its
members as evidenced by a signed petition; and
WHEREAS, Association and its members have had the
opportunity to review the various applications and to make such
inquiries with respect to same as they deemed appropriate
including meeting with representatives of the applicants; and
WHEREAS, Associatiol'l is opposed to the development of the
property Which is the subject of the "Boynton Beach Boulevard
PCD" as high density residential and to the development of the
,
property whioh is the subject of the "Knuth Road pee" property as
moderate density re~idential as contemplated by the current
comprehensive Plan; and
WHEREAS, Association wishes to evidence its support for the
approval of the application with respect to "Boynton Beach
Boulevard PCD" r "Knuth Road PCD", and "Tara oaks PUO" provided
the Applicant with respect to each of same agrees to assure the
Association that such Applicant will, subjeot to the terms and
conditions set forth belOW, cause certain improvements (described
below) to be made on the real property which is the subject of
sueh application and on the real property of the Association
adjacent thereto: and
WHEREAS, Winchester and Schroeder wish to assure the
Assooiation that they, resp'aetively, will, Subject to the terms
and conditions set forth below, cause such improvements to be
made.
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties agree as follows:
1. "Bovnton Beach Boulevard PeDn,
A. Schroeder agrees that, provided the requisite
final government approvals for the Boynton Beach BOUlevard pee
application are obtained, he, as the developer/owner thereof,
shall make, or cause to be made, the followinq improvements and
other arrangements in conneotion with. the development of the
property which is the subject of the Boynton Beach Boulevard PCD
application:
(J.) The installation of a' llIinilllUlll twenty-five
(25) foot wide landscape buffer betWeen the project and
Stonehaven PUD along the entire length of the adjacent property
lines. BUffer shall include:
(a) . F01.lr (4) foot high berm;
(b) six (6) foot high masonry wall located
in the center of the puffer;
(c) Barbed wire barrier on top of the wall
subject to City of Boynton Beach approval:
(d) Landscaping which consists of a minimum
of two (2) rows of shade trees twelve (12) to fourteen (14) feet
in height at time of planting, located on thirty (30) foot
centers. One row shall be placed on each side of the wall. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
-2-
(e) Construction of wall and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings,
(2) Maintenanoe of the wall, berm, and
landscaping on both sides ot the wall shall remain the obligation
ot the developer/owner.
. (3) All Australian Pines within fifty (50) teet
of the Stonehaven PUD property line along' Banyan Creek Circle
North and within the southernmost ten (10) acres of the Boynton
Beach Boulevard pcn shall be removed by the developer/owner upon
initial approval of the application by the City Commissioners ot
Boynton Beach, Florida.
(4) Entry i1\to and maintenance in effect of a
contract to provide continuous rodent and pest contrOl, such
contract to be entered into prior to commencement of closing/site
work to cover all of the property which is the sUbj ect of the
Boynton Beach Boulevard peD application,
(5) Building heights wi11 be limited to one story
feet) for anchor store only, balance of shopping
maximum of twenty-two (22) feet high.
(maximUlU 25
center to be
(6)
shall be shielded
and rights-of-way.
(7) The architectural treatment at the rear of
the shopping center is to match the front of the Shopping center.
All lighting shall be of 10w intensity and
and directed away from surrounding properties
(8) Screening and noise mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level if approved by the city cOl1lll\ission, city of
Boynton Beach, Florida.
B. In consideration of the fore90ing promises, the
Association endorses the "Boynton Beach BOUlevard peD"
application and requests that the members of the City Planning
and Zoning Board and city commission approve it.
II. "Knuth Road PCD".
A. Winchester agrees that, provided the requisite
final government approvals for the Knuth Road PCD application are
obtained, he, as the developer/owner thereot, shall make, or
cause to be made. the f0110wing improvements and other
arrangements in connection with the development of the property
which is the subject of the Knuth Road peD application:
(1) A six (6) foot masonry wall shall be built
-3-
adjacent to the eAst riqht-o!-way line of Knuth Road fro~
Stonehaven PUD'. north property line (adjacent to office
building) south along the north right-ot-way line of the LWDD L-
25. The Association aqrees to assist the developer in obtaining
approval to include thie wall seotion in the development plans
for Knuth Road PUD subject to appropriate impact fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and 5tonehaven Drive the placement
bf said walls shall be done in manner reasonably suitable to the
Association. It is the intention of the ASsociation that these
walls conform with the e~isting layout of the present entrance
into Stonehaven PUD and to accommodate location of guard gates.
(see II.A.(4) (c) below.]
(2) The Knu~h Road PCD property owner shall be
required to provide maintenance t.or said walls for five (5)
years.
(3) Construction of the wall shall occur
simUltaneously with site preparation and prior to the
commencement of construction of any buildin~s.
(4) The owner of the Knuth Road PCD property will
participate as follows in providing additional security of
Stonehaven PUD:
(a) Assist in preparin~ applications and
seeking approval for the abandonment by the City of Boynton
Beach, Florida, of Stonehaven Drive from Knuth Road to LWDD L-25
to secure the safety, well being and property values of the
residents oJ: Stonehaven PUD. These applications will COlDlllence
upon approval of this project ~y the City Commission of Boynton
Beach, Florida.
(b) Construotion of the following masonry
wall segments WhiCh shall occur simUltaneously with site
preparation and prior to the commencement of construction of any
buildings and (which 1o/i11 not be subject to any impact tees
credits) :
1. A section of a six (6) fOot high
masonry wall identical to wall in II-A- (~) fifty (50) feet in
length extending from the east right-at-way of Knuth Road
adjacent to the existing office building parking area along the
north property line of stonehaven pun.
2. Construction of a six (6) foot
masonry wall identical to wall in II-A-(l) along the north right-
of-way line of LWDD L-25 trom a point parallel with t,p,e east
property line of "Tara Oaks PUD" easterly to the west right-ot-
way line of stonehaven Drive. Said wall section shall commenCe
-4-
trom the terDlination :point of the wall section referenced in
Section III below and will be the obli<;ation of "Tara Oaks PUO".
3 . Construction of an identical wall
extended from the east right-of-way of stonehaven Drive alon<; the
north right-of-way line of LWDD L-25, This wall shall be of an
appropriate length, not to exceed fifty (50) feet, in order to
create a suitable acoented entry.
4. Provide landsoaping to the extent
possible adjaoent to the wall sections subject, to a final
deterDlination Of land area available. Provide landscapinq in the
fOrDl of twelve (12) to fourteen (14) toot shade trees on thirty
(30) foot center in those areas where adjacent property is
available within Stonehaven PUD and agrees to provide maintenance
tor said walls for five (5) .years,
(C) Upon a successful completion of the
abandonment of Stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
guard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type
and style of guard gates along with the type 0:1: electronic
entrance sYllltems to be used with these guard gates will be
determined by the Association. Upon compldtion of construction
of all walls requireQ to be built pursuant to this Agreeaent, the
developer/owner Qf the Knuth Road pen property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five ~housand Dollar ($35,000.00) amount
contemplated by this Agreement. These funds shall be held in an
interest bearing account, Funcls shall be disbursed from this
account, in an amount up to Thirty-Five Thousand Dollars
($35,000.00), in satisfaction of the Knuth Road peD property
owners obligation to contribute towara guard g-ate construction
costs as set forth in this paragraph. Upon completion of
construction or disbursement of Thirty-Five Thousand Dollars
($35,000.00), in the aggregate, the remaining funds shall be
released to the Knuth Road pen property owner.
(5) Installation of a traffic light in accordance
with governmental requirements at the intersection of Boynton
Beach-Boulevard and Knuth Road.
B. In consideration of the. foregoing promise.s, the
Association endorses' the "Knuth Road peD" applioation and
requests that the members of the City Planning and Zoning ~oard
and city Commission approve it.
III. "Tara Oaks PUD",
A. Winchester agrees that, provided the requisite
final government approvals for the Tara Oaks PUD application are
-5-
obtained, he, as the developer/owner thereof, shall make, Qr
oause to be made, the following improvements and other
arrangements in oonneotion with the development or the property
which is the subjeot of the Tara Oaks PUD applioation:
(~) construction of a six (6) foot masonry wall
along the north right-of-way line of L~OD L-25 from the east to a
point parallel with the east property line of "Tara Oaks PUD".
It is the intent that his wall section connect with the
stipulated wall section contained in the conditions of "Knuth
Road PUD". This wall shall be landsca~ed in the !llame manner as
the wall in XI-A-(4)-(b)-4 and developer agrees to provide
maintenance for said wall tor tive (5) years.
(2) Creation of a twenty-five (25) foot wide
landacape buffer along the .north property line adjacent to the
south right-of-way line of the LWDD L-25 Canal. That buffer will
consist of landscaping which consists of a minimum of two (2)
rows of shade trees twelve (~2) to fourteen (14) feet in height
at time of planting located on thirty (30) foot centers. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
(3) No buildings shall be located closer than
forty (40) feet from the north property line of "Tara Oaks PUD".
This setback creates a minimum separation of one hundred seventy-
five (175) feet from the most northerly building to the C10S8St
individually owned south property line of Stonehaven PUD.
B. Based on the foregoing, the Association endorses
the "Tara Oaks PUD" application ~nd requests that the members of
the city Planning and Zoning Board and city commission approve
it.
IV. Miscellaneous.
A. Walls oontemplated by this Agreement shall ~e
masonry walls provided by Anchor Wall systems, or similar
construction, including pilaster caps on all col\Ullnlil with the
Association approving the color and texture on all such walls,
. B, Winchester and Schroeder agoree to pay reasonable
attorneys' fees incurred by the Association for its law firm to
review this Agreement.
V. A~reement to Run with Land. It is the intention of the
parties that the Obligation to make the improvements and other
arrangements described in this Agreement, with respect to each of
the real properties which are the subject af the applications,
shall if the applications are appravedr become covenants ~nning
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
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- ._-----~-----~----
1 I
,
j
thereafter so long as that person or entity shall have an
ownership interest in the property. Neither Winohester nor
Schroeder shall be under any personal obligation to make, or
cause to be made, the improvements and other arrangements
provided for in this Agreement with respect to the real
properties which are the subject of the Boynton Beach Boulevard
PCD, the Knuth Road FCD and the Tara Oaks PUD applications if the
provisions of this Agreement with respect to all of suoh
iNprovements and other arrangements are, by the filing of
appropriate instruments, made covenants of record running with
the land and binding upon the person or entity having fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
'affirmative injunctive relief to entQrce specifically the full
and timely performance of the obligations set forth in this
Agreement concerning the ma,king of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstanding, neithsr
Winohester nor Schroeder shall have any personal or other
obligation to make, or cause to be made, the improvements or
arrangements provided for in this Agreement as to any of the
properties, which are the subject of the referenoed applications,
unlesS the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the city of Boynton Beach with respeot
to same.
Signed, sealed and delivered
in the presence of:
STONEHAVEN HOMEOWNERS
ASSOCIATION, INC.,
a Florida corporation
By:
ROGER H. BENNETT
Its President
AS TO STONEHAV~ HOMEOWNERS
ASSOCIATION, INC.
BILL R. WINCHESTER
AS TO BILL R. WINCHESTER
MICHAEL A: SCHROEDER, TRUSTEE
AS TO MICHAEL A. SCHROEDER,
TRUSTEE
(winchester\stonel.Agm\06/l9/90)
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, . /
, --.'.-<....i!<'.;..~ I:
/-/9'ft
.J
, BOYNTON BEACH PLANNING DEPARTI-1ENT
ANNEXATION APPLICATION FOro-l
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:
Knuth Road P~C.D.
AGENT'S NAME:
Kieran J Kilday/Kilday & Associates. Inc.
ADDRESS:
1551 Forum Place 100A
West Palm Beach, FL 33401
PHONE:
(407) 689-5522
OWNER'S NAME:
(or trustee's)
ADDRESS:
The Winchester Family Partnership,Ltd.,Bill R.Winchester
.Ruby A. Winchester; Elsie A. Winchester,individuallYi
Bill R. Winchester; Elsie A. Winchester,as Trustee
General Partner;
9290 Nickels Blvd.
Boynton Beach,Fl. 33436
PHONE:
407-732-3961
PROJECT LOCATION: Southwest corner of Knuth Road and
(not legal description) Boynton Beach Blvd.
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded.
-1-
.
.'
CITY OF BOYNTON BEACH, FLORIDA
APPLICATION FOR ANNEXATION
DATE APPLICATION FILED:
DATE OF TENTATIVE APPROVAL:
REJECTION:
DATE OF COMPLETION OF ANNEXATION REPORT:
ORDINANCE#
DATE OF ORDINANCE PROPOSAL:
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
Ruby A. Winchester; Elsie A. Winchester,individ-
Name of Developer/Owner: ually; Bill R.Winchester;Elsie A.Winchester,as
Trustee The Winchester Family Partnership,
604 B6ill R.Winchester,Ge~e~~l Partner
Area of subject property: ,220.7 Sq. Ft. or ~___Acres
13.87 acres
Estimated Present Population: -0-
AR-A~ricultural
Existing Zoning: Resi ential Density Allowed: 1du/5ac. d.u. 's
Proposed Zoning: p.e.D. Density Allowed: n/a d.u. 's
EXISTING UTILITIES
Water:
City of Boynton Beach
Wa~tewater Collection:
eity of Boynton Beach
Solid Waste (garbage):
City of Boynton Beach
.
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'.
STATEMENT OF USE
Existing Use:
Vacant
Proposed Use: Planned Commercial Development
JUSTIFICATION
Express in your own words why this annexation will be beneficial to
Boynton Beach, Florida:
See attached
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
See attached Exhibit "A"
.
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~
-,
Kilday & Associatas
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
14071 689-5522 . Fax: (407) 689-2592
JUSTIFICATION STATEMENT
FOR
KNUTH ROAD PCD
The petitioner is requesting Annexation of just less
than 14 acres of land into the City of Boynton Beach.
This parcel of property is currently zoned AR-Agricul-
ture Residential in Palm Beach County. The Palm Beach
County Comprehensive Plan designates the north one-half
of this property as CH-High Intensity Commercial and
the south half of the property CR-Commercial Recrea-
tion. This land use designation is due to the fact
that the property has an existing Special Exception
approval to allow for recreational facilities to occur
on the site including a tennis club and golf driving
range. This facility has never been constructed and
the site remains vacant.
In conjunction with the request for Annexation, the
petitioner is aSking for a change in land use designa-
tion in the City's Comprehensive Plan. Currently the
City of Boynton Beach has the northern portion of this
site designated as Local Retail Commercial. The
southern portion of this site is designated Moderate
Residential. The petitioner is requesting that the
entire site receive a designation of Local Retail
commercial.
The petitioner believes that the proposed designation
of Local Retail Commercial will allow for an appropri-
atly designed Planned Commercial Development to be
established on this site. This site is located at the
southwest corner of Knuth Road and Boynton Beach
Boulevard. Two perimeters of this site abut Quail
Ridge Planned Unit Development in Palm Beach County.
The Quail Ridge Planned Unit Development is already
fenced and buffered from this site. Therefore, utili-
zation of this property for commercial purposes will
have no negative affect upon the adjacent residential
development. In addition, the golf course wraps the
perimeter of the PUD providing further separation be-
tween the nearest residential units and the site. The
site already has received a previous approval for a
commercial use in Palm Beach County. However, that
specific use of a tennis club and golf driving range
has not proven feasible for the property. The Planned
P"':
"
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Knuth Road Statement
Page 2
Commercial Development District provides many safe-
guards that other straight commercial districts do not
contain. Because this site does exceed the minimum 3-
acre requirement, the petitioner has been able to make
the request for this district. The other surrounding
land uses in the area are generally commercial along
Boynton Beach Boulevard. Additionally, this property
fronts on Knuth Road. Knuth Road is scheduled to be
constructed from Golf Road north to the Boynton Mall.
The north area of Knuth Road has a new approved align-
ment which will allow Knuth Road to serve as direct
access to an entrance to the mall making this road more
significant than the average collector.
There is a limited amount of property left in this area
to provide for commercial services. The Boynton plan
has, in the past, recognized the intersection of Con-
gress Avenue and Boynton Beach Boulevard as a major
node for commercial services. This proposal is consis-
tent with that past history. Development of the site
in a commercial nature will add great additional reven-
ues for the tax base for the City of Boynton Beach.
~
EXHIBIT "An
"i-. ~. ~ . ..~
Oc5CU'I?'77c?/I/:'- , ~
ALL or' r~AC'7:S' <3 AAlO ItJ t.YING 5tJtl711 or' ,{IEI1/ 8cJY)//o# RMO (~//lr[
. RtJ,10 A/t? &!(4) A,A/O T/?/lt'/$ &;1 4A/cJ :24" PALM 8c/lC!# r-/lRkI.5"
C!tJ#1~/!,{/Y ,P'L'/!/~. g; /l c?~cJK'~/#c ro rYE ,PL,.{/ ;?/c;:RE&'r' /fEeoA?'~c:O
/)/ ?'L/!T .6'tJtJ/::" 5' /1/ ,,;?/lCE 773 tf'/, ;r#E .,.c:>t:/8.t./c K'cC!oK'Of or:-
;?/ltM 6'Er1~h" C!cJc/"v,.ry: rL'CJR/OA, iE55 T.t/E' EA~'- /5:0 ffE/ r#E/6L?/C
;.
~
.
..
.
;
I
I
I
.,
. 0
\IIE lJ 1. 1. l'
Clly ot eoynton,ee.eh
~i8~!,lng Department
Ruby A.Winchester;ElsieA.Winchester,individuall
Name of Development/owner Bill R.Winchester;ElsieA.Winchester,as Trustee
& The WInchester Family Partnership, L td,. Bill R.. Winchester, Gen. Partne
Locate the subj~ct property on th~s map ana shade ~n the area. -.
", :
.
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OIVNERS AUTHORIZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
m~)'L~~L~
~ignature of Owner(s) o~ Record
~~ d/aA?;v....?
gnature . Applicant tf7-
Bill R.Winchester
Type Name of OWner(s)
Kieran J. Kilday/Kilday & Associates
Type Name of Applic~nt
9290 Nickels Blvd.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33~36
City and State
West Palm Beach,Fl. 33~01
407-689-5522
City and State
407-732-3961
Telephone Number
Telephone Number
.
-6-
OWNERS AUTHORIZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
x ~.Ld.u!1.-aJ~u
Signature of Owner(s} of Record
~{ld/~ ~..
'gnature .f Applicant ~
Elsie A. Winchester
Type Name of Owner(s)
Kieran J. KIld~y/Kilday & Associates
Type Name of Applic~nt
9290 Nickels Blvd.
1551 Forum Place Suite 100A
Street Address
Street Address
Boynton Beach,Fl. 33436
City and State
West Palm Beach,Fl. 33401
City and State
407-732-3961
407-689-5522
Telephone Number
Telephone Number
.
-6-
OI'NERS AUTHORIZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
)< CfJ-<i;n# !lj~_akH' ~
Signature of Owner(s of Record
~() w^J'~.
, nature .f Applicant
Elsie A.Winchester,Trustee
Type Name of Owner(s)
Kieran J. KIlday/Kilday & AssQciates
Type Name of Applicant
9290 Nickels Blvd.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33436
City and State
West Palm Beach,Fl. 33401
City and State
407-732-3961
407-689-5522
Telephone Number
Telephone Number
-6-
OWNERS AUTHORIZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
~ 0- --fA/>'\. if -CI' -1.-t tJ!(OJSl7;;LJ
Signac re of Owner(s) of Record
Ruby A.Winchester
Type Name of Owner's)
Kieran J.Kilda1/Kilday & AssoGiates
Type Name of Applicant
8495 S. Haverhill Ext.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33437
City and State
West Palm Beach,Fl. 33401
City and State
407-732-4602
Telephone Number
407-689-5522
Telephone Number
.
-6-
O\VNERS AUTHORIZATION
Under the prov~s~ons for Voluntary Annexation, Florida Statutes
require that a petition for annexation must bear the signatures
of all owners of property in an area to be annexed. The authority
authorizing a person other than the owner to sign such a petition must
be attached to and accompany such petition.
/!
)( . .'
S~gnature
y'
/ .. / J~'cr{;;L'/ /) , 7.i J!;;
Signature of ApPlicant
---.. --A-z.,
/i
//
. .
Bill R.Winchester,General Partner
The Winchester Family Partnership,Ltd
Type Name of Owner{s)
Kieran J.KIlday/Kilday & Associates
Type Name of Applicant
9290 Nickels Blvd.
Street Address
1551 Forum Place Suite 100A
Street Address
Boynton Beach,Fl. 33436
City and State
West Palm Beach,Fl. 33401
City and State
407-732-3961
Telephone Number
407-689-5522
Telephone Number
.
-6-
APPLICANT'S CERTIFICATION
(1) (We) affirm and certify that (I) (We) understand and will
comply with the provisions and regulations of Boynton Beach, Florida
zoning Code. (I) (We) further certify that the above statements or
diagrams made on any paper or plans submitted herewith are true to the
best"i:if (my) (our) knowledge and belief. Further (I) (We)
understand that this application, attachments, and fees become part of
the Official Records of Boynton Beach, Florida and are not returnable.
APPLICANT IS:
Owner
Gl a/~
Applicant
..
Optionee
Kieran J Kilday
Kildav & Associates, Inc.
Type Name of Applicant
Lessee
1551 Forum Place 100A
Street Address
xx
Agent
West Palm Beach,FL 33401
City and State
Contract
Purchaser
(407) 689-5522
Telephone Number
-7-
'.
AFFIDAVIT
STATE OF FLORIDA
55
COUNTY OF PALM BEACH
Before me, the undersigned authority personal~y appeared
Bill R.Winchester
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal descriptionl
See attached Exhibit "A"
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed KieranJ.Kilday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
/r.l/f7/u~~;t
. (Signature of Owner)
Affiant
Sworn to and subscribed before me
~:ti\s.L; --rrU "i~,,- ~l,- Q .iJvc.-
Notary ~ublic, State of Florida at Large
My Commission Expires:
!'~e'~:,;.' t'ti~i~:. ~~~1:! (.,: n:ri::3
i):~' [-:;~:c_:~'::.;: r ,',:: -'.~1. ~], I~?3
r,~ "~,,.! ~-"~,, .;, n' , .,;r. _ lo;u. 011'1;1 r"~
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-8-
AFFIDAVIT
STATE OF FLORIDA )
) 55
COUNTY OF PALM BEACH )
Before me, the undersigned authority personally appeared
; ".
Elsie A.Winchester,individually h b' b f' t d l'
, w 0 e~ng y me ~rs u y sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "A"
.'
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J. KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
.<( C/A/~./a //I'.-./...I..//.,;/;-i-)
(Signature of Owner)
Affiant
Sworn to and subscribed before me
. .~
~~~'- --fit UJc,-\(.,k'"L--
Notary public, State of Florida at Large
My Commission Expires:
r:l~~:;~! r't!':!j:,. Sl=t:'! cr t'br;;a
r':F ~~::~;::i ~::~.:.;.=: ; ~;'n~~;:E.~~;n:03;~~'3
"
-8-
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Before me, the undersigned authority personal~y appeared
Elsip.A Win0.hPRrpr as Trustee
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "A"
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.Kilday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
\' ?;~tl al~.1p~ ~
(Signature of Owner)
Affiant
Sworn to and subscribed before me
~\\.&.~ '--i1U~( ~ ~ k ,--,,--:t~
Notary ~ublic, State of Florida at Large
Ht~Ji)' :"~:I:~:J ::~:O~ d ~::.'~ ":,J:;
~.~:. t-:'-;:;:'";::,;:'!I ;:.-..~:-.;!: !'-;:'. ;3" 1lJ~3
My Cornmis s ion Expires: """, ',',,, "., "'e. ",. ..e,",,,,
-8-
AFFIDAVIT
STATE OF FLORIDA )
) 5S
COUNTY OF PALM BEACH )
Before me, the undersigned authority persona~~y appeared
Ruby A.Winchester
, who being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit "A"
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
xH~~ O/1M'L t(,~.ef" (7.,:t-k-
(Sign ture of Owner) .
Affiant
Sworn to and subscribed before me
,
_$~L~'-(110~.~L:..-
Notary ~Ublic, State of Florida at Large
My Coromission Expires:
f!~~c:;.' l\;:J!k, S~cle 0' ncrl~"
1..i3' '~mr.!;:;:'~;.~ ~:~:::!~S ~1o::1J.. "3, i993
r ' . ". r .:,. ~..~.~..~." ;.....
-
"
-8-
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Before me, the undersigned authority personal~Y appeared
Bill R.Winchester,General PartnyDwho being by me first duly sworn,
on oath deposes and says:
1. That he is the fee simple owner of the following described
property, to-wit: (Give legal description)
See attached Exhibit"A"
(Attach if insufficient space)
2. That he desires annexation to Boynton Beach, Florida.
3. That he has appointed Kieran J.KIlday/Kilday & Associates
to act as agent in his behalf to accomplish the above.
AJ ", Li;;
,~/iJ:: I n
X /'0A~ ' , :/ ~I" I ,,/J_ .f
(Signature of OwnB~
Affiant
Sworn to and subscribed before me
~~-rn c:\......~;:\;.'---'
Notary Public, State of Florida at Large
Hb1fi:"Y:"':'; Ii::. $;:;~c \'y ;';:r:..;/j
My commission Expires:
!.~.' t':;'7:-'~::I: .:: ;.' .<:'S'; :~'.~'. ;::., IS~~
:'-~ ~,..::~ ,:.t'l",',:; ~;" '1~.Wt<l"(e In<.
-8-
-
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~e~Q_~2s_B~s~Q~s~I_e~QLQB_BsIQ~1~Q_aEE~1~aIIQ~
City of Boynton Beach, Florida
Planning and Zoning Board
This application must be filled out completely ~nd 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. Qs~s86b_l~EQ8~6IlQ~
1. Project Name:
---------------------------------------------------
~nuth Road P.C.D.
Type of Application (check one)
-------- a. Rezoning only
-------- b. Land Use Amendment onl y
XX c. Land Use Amendment and Rezoning
--------
..,,:..
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): Bill R.Winchester;Elsie A.Winchester,individually;
Elsie A.Winchester as Trustee; Ruby A.Winchester,
T~ e W i-;;~h~~t~-;.-F~~ily-p~-;:t~~-;.-;hip~itd-:-Bill-R-:\.iinctie-;ter-;C;en-.P art n e r
Address: 9290 Nickels Blvd.
, --------------------------------------------------------
__~~!~!~~_~!!:E~!~~_]]~]~_____________________________--
Telephone
Number:
407-732-3961
--------------------------------------------------------
5. Agent~s Name (per50n~ if any, representing applicant>:
Address:
~j~r2E_}~~jlj2~1~jlj2~_~_}~~22j2J~~___________________--
1551 Forum Place Suite 100A
--------------------------------------------------------
--------------------------------------------------------
West Palm Beach,Fl. 33401
Planning Department 1-86
page 1
. .'. ~
--=
Telephone
Number:
40:7-689-5522
--------------------------------------------------------
6. Property Owner's (or Trustee's) Name:
Same as Applicant
---------------------------------------------------------
Address:
--------------------------------------------------------
--------------------------------------------------------
Telephone
Number:
--------------------------------------------------------
7. Correspondence Address (if different than applicant or agent):*
--------------------------------------------------------
--------------------------------------------------------
. This is the address to which all agendas, letters. and other
materials will be mailed.
B. What is the applicant's interest in the subject parcel?
(Owner, Buyer, Lessee, Builder, Developer, Contract PurChaser, etc.)
Owner
------------------------------------------------------------------
9,.
Street Address or Location of Subject Parcel:
Southwest corner
of Boynton Beach Blvd. & Knuth Road
------------------------------------------------------------------
10.
Legal Description of Subject Parcel:
See attached Exhibit "A"
------------------------------------------------------------------
------------------------------------------------------------------
------------------------------------------------------------------
--------------------------------------------------------------------
------------------------------------------------------------------
11. Area of Subject Parcel
Ito the nearest hundredth (1/100) of an acre):
13.871 acres
-----------------------------------------------------------------
Planning Department 1-86
page :2
~---i~
-
12.
Current :oning District:
Agricultural Residential
----------------------------------------
17
->.
Proposed Zoning District:
Planned Commercial Develonment
---------------------------~-----------
14. Current Land Use Category:
CHI3 (countv)
--------------------------------------
15. Proposed Land Use Category: ~~~~~~~~~~_~~~~~_~~t~il______________
16. Intended Use of Subject Parcel: __~'_~'_Q..'__________________________
------------------------------------------------------------------
------------------------------------------------------------------
17. Developer or Builder: __~~~~~~li~~Q~__________________________
------------------------------------------------------------------
18. Architect:
--Qj-~-------------------------------------------------
19. Landscape Architect:
KIlday & Associates
--------------------------------------------
20. Site Planner: ___Kjlda-3 Jl."'p",,,,()(>;,,tpq
21. Civil Engineer:
Rossi & Malavasi
-------------------------------------------------
22.
Traffic Engineer: K.S.Rogers,Consultin~Engineers
------------------~---------------------------
23. Surveyor:
_O..i'Jls_~J)._,_S_u.J.t..ar_l<..ll!.B.r.; pn, Tn"
II. ~eI~81Bb~_IQ_~~_~~~~lII~~_~lI~_BEEbl~BIlQ~
The following materials shall be submitted. in two (2) copies.
(check)
x
a.
This application form.
A copy of the last recorded warranty deed.
x
b.
x c.
The following documents and letters of consent:
(1) If the property is under joint or several ownership: A writtm
consent to the application by all owners of record, and
(2) If the applicant is a contract purchaser: A copy of the
purchase contract ~nd written consent of the owner and seller, and
-'-
(3) If the applicant is represented by an authorized agent: A cop~
of the agenc~ agreement, or written consent of the applicant, an~
(4) If the applicant is a lessee: A copy of the lease agreement,
Planning Department 1-86
page 3
"..:':
--
'.
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~",~ ~ ,T t. l '....~
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Kilday & Associates
Landscape Architectsl Planners
1551 Forum Place
Suite 100A
West ?a:m Beach, Florida 33401
(407) 689-5522 . Fax: (407) 689-2592
REQUIREMENTS G. & H.
KNUTH ROAD PLANNED COMMERCIAL DEVELOPMENT
Requirements (g) and (h) of the Land Use Amendment/Rezonin~
Application require a justification and a comparison of
impacts between existing zoning and proposed zoning.
Currently, the Comprehensive Plan of Boynton Beach designates
the north 300 feet of the site as Local Retail Commercial
with the remainder of the site as Residential Moderate
Density. The Palm Beach County Comprehensive Plan designates
the north one half of the property as CH (Commercial High)
and the south one half at the property as CR (Commercial
Recreation). The petitioner is requesting the entire site be
designated as CommerciaL Local Retail under the Boynton Beach
Comprehensive Plan.
This request is reasonable in that currently both the County
and the City Comprehensive Plans recognize that at least some
of the property should develop commercially. Additionally,
the property )las been in single ownership for many years and
the owner has never intended to divide the site for multiple
uses. Finally, a Local Ret3il Commercial designation for the
property permits the entire property to develop within the
Planned Commercial Development zoning category_
The compal"isons required in Requirement H. are as follows:
1. The current zoning (AR-Agricultural Residential) in the
County allows for one dwelling unit per five acres which
would allow two homes to be built on the property.
Addilionally, there is an approved Special Exception on
the site which would permit a recreation center
includin~ a drivin~ ran~e and tennis club. This use is
Comnlercinl in nature although permIlted in the AR-
^~ricultural Residentiol ZOllinR District.
The current City Comorehensive Plan designates 4.11
acres of the site as Local Commercial Retail which could
easily 3ccommodale a lot coverage of 20% or 36,764
square feet of retail space. Additionally, the balance
of the site perlDits Moderate Density Residential which
would al low the construction at 70 units.
".
"; ~
...:;'"j.",}j;;
!
-
-
,.
.
RequiJ"ements G. and H.
Proposed Knuth Road PCD
Page 2
2. "rhe proposed use is a Planned Comolercia[ Development
with a mixture of retail uses and outparcels as
designated on the submltted site pIal'.
3. The owner anticipates development ot the property to
commence upon final approval and permitting in the
normal restraints of time cammon to.the process.
4. The potential square footage which would be allowed
unde~ the proposed Planned Commercial Development zoning
is 120,000 square feet (as shown on the submitted site
plan) .
5.
Employment Projections: Item hIS) of
Amendment/RezoninR application requires a
the number 01 employment opportunities for
They are as follows:
the Land Use
projection of
the pro ject.
Department Stare
Bank
Restaurant
Retail Stores
35 employment opportunities
15 employment opportunities
20 employment opportunities
250 employment opportunities
Total
320 employment opportunities
',;;
---
K.S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard, Suite F
West Palm Beach, FL 33406
(407) 964-7300
(FAX) 969-9717
January 31, 1990
Mr. Lindsey Walters
Kilday & Associates
1551 Forum Way
Building 100A
West Palm Beach, FL 33402
RE: Knuth Road PCD
Water Useage
Dear Lindsey:
At your request, this office has projected the water and sewer
demand for the above project. The Palm Beach County' Health
Department has developed water useage standards for different
'land uses. For general retail uses which do not include restau-
rants, a flow rate of 0.1 gallons per day per square foot of
floor area has been established. As the exact useage of this
center has not been establ ished, only estimates, based upon a
reasonable guess of the amount of restaurant use, can be made.
An average daily water useage of 32,840 gallons per day has been
calculated for this project based upon the following assumptions:
General Retail Space
Restaurant Space
(435 seats)
110,900 sq. ft. @ 0.1 gal/sq.ft.
9,100 sq. ft.
@50 gal/seat
This parcel of land is currently zoned agricultural in Palm Beach
County. As such, an average flow of 350 gallons per day per unit
at the existing zoning would generate an average of 1,050 gallons
per day.
The County's Comprehensive Plan shows commercial designation for
this site. Thus, there is no difference in expected flow rates
between this request and that which would be allowed according to
development regulations if developed according to the County's
Comprehensive Plan.
--
Mr. Lindsey Walters
January 31, 1990
Knuth Road peD
Page Two
Typically, there is very little difference in water and sewer
flow rates for commercial uses unless irrigation is going to be
done from public water. At this time, the source of irrigation
water is planned to be from on-site wells.
Very truly yours,
~1~~.
KSR/jr
.-::
'b) E~.~iSjtinq 3nd pre'poseo:1 .~t-,7\de ele\/a'tjon:;.
(c~ S:d.s:"ting O~- prDpo$ed !Alate!"'" boclif?5.
Cd) Form of ownership and for~ of orqaniz~tiGn to maintain common
~paces and recreational facilitiQ=_
(e) A written commitment to the provision of all necessary
facilitiQs for s.torm drainage, I~ater sL:pply. sewage collection
~nd treatment~ ~olid waste disposal, h0=ar~ous waste disposal,
fire protection, easements or rights.-o+-wav~ roadways. recreation
and park areas, school sites, and oth~r public improvements or
dedic~tions as may be required.
_x_ell) For r9::::oning";,; to planned zoning di.:;trict~;~ the ~peCli"lC
~equirements for submi~siDn of ~pplications for r~zQning to such
districts shall also be satisfi~d. F~Jrthermc'r~. ~ll materials r~Quired
fo~ ~ subdivision master plan shall ~lso be slJbmitted.
I! 1.
eEEbl~arlQ~_E~g~& Fees shall be p3id at the time thRt the application
is sUbmittod, according to the fees which ha\~ been ~dopted by
ordinance or resolution. The Planninq Department will inform tho
applicant as to the fees which ar~ required. All fees shall b~ ~aid by
check~ payable to the City of Boynton Beach.
roo
v.
~s8IlElk;BIlQt!
(I) (We) understand that this ~ppllcation ~nd all pl~n and ~ap~rs
submitted herewith become ~ part of the permanent records of the
Planning and Zoni nq Board. (Il (l'Je) hereby certi fy that the above
statements and any ~tatement3 or showings in any papers or pla~s
subr.litt~d here~"Jith are true to the b~~>t c.f (my) (Ol.lr) knowledge and
belief. This application will not be acce~ted unless signed
/xdd:?S2~l t:~l~~~l:on~ b01o:." ___L__2L:Z~_____
Signdture of owner~~ Trustee~ Date
or Authori=a~ Principal if property
is owned by'a ~orpDrntion or other
business entity.
v. e~r~Q811eIIQ~_QE_B~~~I
~Q. cUo."':&.v~<.~ ","~.
- sig;:;~~-;f-A~th;;;:i;~tg;~t-- ,
/_,;; t. 9f1
---~-_____-L_____
O.:\te
(I) nlJe) h"t""(~b~1 de5i gnatQ thC" .:tbove si qned per'.:>or
ydi/2;;ELl:::O APPliC.:\tion.
Signature of O...,ne-r (5) ~L1-:,tl2e,
.:\13 (my) (OLlt-) authorized
____~:a2~~~____
DC\te
Pl~nning DepC\rtment 1-86
page 7
"
"":
--
'b1 E;:i~ting ~nd prc)posed ':;;jt-udc .:?lev~'1-tion3"
(c) ~::j.~.ting Ot- propo:;ed '^.~te!"'" bOdlf:?Sa
Cd) Form of ownership and form of organiz~tiGn to m~intain common
~paces ~nd recreational faciliti~~"
(e) A written commitment to the provision of all necessary
facilities for storm dr~inage, 1~3ter 5Llpply~ sewage collection
3nd t~eatment, solid wast~ disposal, h~=ardoIJ5 wastG disposal,
fire protection, easements or l~ights-of-wav, roadways, recreation
~nd par~c ~r~a~, school sit~s, and ather public i.nprovements or
dedic~tions as may be required.
_lC__(11) F.=.t- r"'?zc.rlings to planned zoning di5tt-ic:t~;, the ~.pecific
~equirements for submi~sion of ~pplications for r~=onir'g to such
districts shall also be satisfied. FtJrthermc\r~. 311 materials required
fo~ 3 $ubdivision ~aster plan shall also be ~1jbmitted.
III. t'!E:E:!"I!;;eIIQtLEss~~ Fe",,, shall bi> p.:lid a't tho time th,.,t the .:lpplication
is submitted, according to the fees which ha,e been &dopted by
ordinance or resolution. The Planninq Department will inform the
applicant as to the fees which are required. All fees shall be paid by
check~ payable to the City of Boynton Beach.
IV. ~~6IIEIGaIlQ~
(I) (We) understand that this appllcation and all pl~n and papers
submitted herewith become a part of the permanent records of the
Pl~H'''lning and Zoning Board. (!) (l'Je) her-eb-;. c~rtify that the above
statements and any statements Qr showings in any papers or plans
submi t t2d here"'Ji th are true to the best Q.f (Ill'l) (our) knowl ~?dgE' and
belief. This application will not be accar-ted unless signed
according to the instructions below.
/x __~~"-~0'_tLq)-:y!.{;('-.!!!!i:!=---------
Signature of Owner(s) or Trustee.
or Authori=e~ Principal if property
is own~d by'a corporation or other
business entity.
/. /,'75'- Ot!
___________L~_____
Date
6~I~Q8IIeIIQ~_QE_e~s~I
_"_ t2d~~e~.
19nature of ,..tuthori=e~~;~t-7 (
/ - d2 0, 9.1'
--------~-~~----
Date
'.J.
(I) (tIJe) h~rEby dE:!'5i gnat~ the .:\bove 5i qned persor
agont with regard to this application.
y _(gf4&f,,- d ~________
Signature of Owner(s) Dr Trustee.
..:\13 (my) (OUt-) authorized
/ -25- 9tJ
____________~~---4-
Date
Planning DQP~~tment 1-86
p.:"\ge 7
,fl.':
, ' ~
-'>7;,,;.;:
~
,'b) E~.:isting and prc'poset1 .~t-,:;dQ eleve:\'l:ion3.
(c) Existing or propo$ed water bodio5.
(d) Form of o\"nership and form o-F Qt-g.:;ni:~~tiqn t:o inaintc:"\in common
spaces and recreational 1aciliti~s.
(e) A written commitment to the provision of all necessary
facilitios for storm drainage~ l~ater supply~ ~~wag~ collection
and treatment, ~olid waste disposal~ h2zar~ous waste disposal,
fire protection, easements or rights-o+-w~v, roadways, recr~ation
3nd park ~reas, school ~it8S, and othe~ public improv~ments or
dedic~tions a5 may be required.
_X_(ll) Par rG~zonings to planned zoning di.::;trict,:;~ the ~peci-fic
requirements for submi~sion of applications for r~zQning to such
districts shall also be sati~fi~d_ Furthermor~. ~ll materials reQuired
fo~ a $ubdivision master plan shall also be sl~bmitted_
III.
eEEbl~eIIQ~_E~~~~ Fees shall be paid at the time thAt the application
is submitted, according to the .fees which ha~'e been ~dopted by
ordinance or resolution. The Planning Department ~ill inform the
applicant as to the fees which are required. All fees ~hall be paid by
ch@ck~ payable to the City of Boynton Beach.
IV. ~~BIIEI~aIIQU
(I) (lIJe) under-stt?\nd ttlat thi:; .-application c')nc all pl.:\n and ::,~'pet-s
submitted herewith become ~ part of the permanent records of the
Planning and Zoning Board. III IWe) hereby certify that the above
statements and any statements or sho,,,,,ings in anv papers or plans
c::;ubmitt~d here,..Ji'!:'h are true to the best of (mv> (our) knowledge and
belief. This application will not be .cce~ted unless signed
accordinQ to the instructions below.
/( l: h;f,)-1l_a1:u".Anj;~)'1"-Z;UJ:/""
Signature of O~ner(s> or Trustee,
or Authorizl'p F'rincipal i'f property
is own~d by'a corpor~tion or oth~r
business ~ntity.
__.l:..?-.~~:!g____
Date
'J.
~~I~QEIZeIIQ~_QE_B~s~I
____~___ __?lM/2h ~ F 'aa<2.~6..-
ignaturp of Authori=ed~~~ /
__.L"2.Y:.;.?.d___._
Dfu."~
(I) (tl!e) h~rr?by desi gnat.~ the .:.tbo'll? 5i gn~d perozor.
~gcnt with reg~rd to this ~pplic~tion.
.Y _&.1 "'t1~LL~r:IA{..lj._~L
Signature of Owncr(s) or Truste~,
a~ {my> (OLtt-) authorized
/ - .;7 S- - 9t1
------------r~----
Date
Planning Depwrtment 1-86
page 7
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;':/
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/b) E~.:isting and pt-opo~ect gt-ade 81e''/u.tion3..
(c) ::::::isting 0:-- p,"'oposed ",'ater bodll?S.
(d) Form 01 own~r~hip and form of Qrqani~~ticn to maintuin common
5paces and recreational facilitiQ=.
(e) A written commitment to the provision of ~ll necessary
faciliti~s {or ~torm dr~inage, I~a~er sl;ppl!~ ~ewage collection
and treatment, solid waste disposal, h~zar~ous wast a disposal,
fire protection~ easements or rights-o~-wav, roadwaYs~ recreation
~nd park ~reas, school ~ites, and oth~r public improvements or
dedic~ticns ~s may be reql~ired.
__~_(11) For. rC?zonings. to planned zoning di~tt-ict.:;. tile SpeCli'lC:
requi~ements fer submission of applications for r~=cning to $uch
districts shall ~lso be sati~fied. Furthermrlr~. ~ll materials reQuired
for a subdivision master plan shall also be ~1_lbmitted.
III.
BEEbl~BIlQ~_E~~6~ Fees shall be p~id Dt tho time th~t the 3pplication
is submitted, according to the .fees which ha~A been ~dopt~d by
ordinance or resolution. The Planning Depart~ent will inform the
applicant as to the fee~ which are required. All fee5 sh~ll be paid by
check, payable tc the Citv of Bcynton Beach.
1"
v.
~g;BIJ.EI~BI1Qt!
(I) (We) understand that thi~ applIcation anc all pl~n and p~pers
sLlbmi tted her.,,,.i th become a part of the per-manent r-ecords of the
PI"..nning and Zoning Beard. (ll <l'Jel hereby cer-tify that the above
statements and any ~tatements or showings i~ nny papers Dr plans
submitt~d herewith are true to the best of (my) (our) knowledge and
belief. This application will net be accQ~ted unless signed
accordino to the instructions below.
() Ii -. l) , :T:-:-
/'< .i~.::<:t:"'~!"'-_~tl~4-":L&-jLk./
5ignat~e of Owner(~) or Trustee~
or A~(thori::",p Pr-inr.:ip,J.l i 'f pr-op",r-t:y
is owned by'a ~orporation or other
bL\sin~ss entity.
j - ,.;l. -7 - 'leJ
--~--D;~~;r~-----
'.J.
6~I~QBIZeIIQ~_QE_6~~~I
. Q M ~ e'~
------- --- -~---~ ---
Signatut; _ of Auth<:;ri::ed ,g~'
---L:d-J-:/Jt__.-
O::lt:e
(I) (ll!e) hj:"loreby d~5i gnat~ the i\bove si qnC?d per:j(~r
. ~gcnt with regard to thi~ ~pplic~tiDn.
U '~
Y~-___~_f!~~~~f~~~~__________
Sign~urQ of Own~r(s) or Tru~tQc~
~~ <my) (OLlt-) authorized
--__L::d::f.:r?!..___
Dute
Pl~nning Depw..-tment 1-86
p.:\ge 7
~
.
o'b) E}.: i sti ng and prc:'po5Ed gt-C:,de t?! eV~"1t ion 3.
(e) Exi~ting or proposed water bodiQs.
(d) Form of ownership and form of arqaniz5tiGn to mnintain common
spaces and recreational facilitioc.
(0) A written commitment to the provision of all necessary
faciliti~s for storm drainage, l~ater s~Dply, sewage collection
~nd treatment, solid wastG disposal, h0zardous waste disposal,
fire protection, easements Dr rights-o+-wav, roadwaY5~ recreation
and pa~~c ~r~as, school sites, and oth~r pUblic improvements or
dedications as may be required.
_-.X_(11) For- t""(~zQnings to plann~d zoning diztt-ict,:~~ ti-H? ~.peclTlc
requi~ements 10r submission of applications for r~zonir'g to such
districts shall also be satisfied. FurthermGr~, ~ll materi~ls r2Quired
for a subdivision master plan shall also be ~lJ!Jmitt~d.
III.
BEEbI~eIIQ~_E~g~~ F~es shall be pmid at thQ time thRt the application
is submitted, according to the fees which ha~~ b~en ~dopted by
ordinanc~ or resolution. The Planning DepartQent 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.
I"
v.
~g8IlE:I!;;6IlQN
(I) (We) understand that thi~ application and all plan and papers
submitted herewith become a" part of the permanent r~cords oi the
Planning and Zoning Board. (!) (t'Je) hereb, certify that the above
stZttements and anv statements Dr !;.ho~...ti ng5 in anv papers or pI ans
submitt~d herewith are true to the bes.t o.F (my) (our) knowledge and
belief. This application will not be acce~ted unless Signed
accordinq t~e inst,"uctions bC!lmo. /_ 7 )-9cJ
~ -~~~'~~~~-~~--------- -----~~--~~------
Signature of Owner(s) or Trustee~ Date
or AuthorizDd Principal if property
i~ owned by'a ~orporation Dr other
business entity.
v. 6~I~QBlkeIIQ~_QE_eGs~I
~1~_QWa~L/~~e'~.
~~~~-Of Authori~~~;~~'
/-2?- 9d
----------~!-----
DatE>
(I) (l'le) hnr-f:?by de-5i gnate the above 5i gned pero::.or
(agon~~ ZiZd to thi5 .:>pplicabon.
y~J.?~___~1_~__________
Signature of Owner(s) Dr Trustee,
.:\'3 (my) (our) authorized
/-.?S-9t;I
------------yt:::.=------
Date
Planning Dop.:>rtmont 1-86
p.:>go 7
_. "J
....-:::
The Winchester Family Partnership Ltd
P.O. Drawer 1220
Boynton Beach, Florida 33425
January 23, 1990
TO WHOM IT MAY CONCERN:
As a General Partner of The Winchester Family
Partnership Limited, I, Ruby Ann Winchester hereby authorize
Bill R. Winchester to sign all annexation, land use amendment
and zoning application documents pertaining to the property
described on Exhibit "A" attached.
,e<d~i ~,1/Yl Zt1-~~~
R~nn Wlnchester
COUNTY OF PALM BEACH)
) ss
STATE OF FLORIDA )
On this 23rd day of January, 1990, before me, a Notary Public
in and for said county and state, personally appeared Ruby Ann
Winchester, personally known to me to be the person who executed
the above instrument, and acknowledged to me that she executed
the same for the purposes stated therein.
~
~~crl\():j",-,,-~\ !...LIce
Notary Public, State of Florida
My commission expires:
{'~':':ClTY :"~~,~i~, S{~t~ at FIOfil!a
i.~~.l:,~,;~;':".!',:':":r:: ~:~!':t\!:: fL~. t~, 19)1'~
e~"..:~:i ;:"" 1'111 !'~::l.lrlt\i1~ru:.1t lAc.
-,.;-i
-
.rhe \~1in:::l1eE' ter ?a.m:'...l y ~:. a~-.: nel.-?}::':~
P.O. r:'l~awer l~20
Bcynt~n Beac~, F18rida 334~5
. .......:.
J aEua:--~- 19 ," .~'~ .~. 0
TO WHOH IT HAY CONCERN :
As a General Partner 'f The Win~~es~?~ ?amily
Partner~hip Llmited, ! M. Fra~k ?inf~ock ~ereby authorize Bill
R. Winc:;.est(?r to sign .:1.11 annex2.~ion, l-iinc use :::nendment and
=oning ~ppli;:atioll d0cl.1~~ents perta~ni~~ :0 thF- pro~~rty
d~scribed on Exhibit I~All atta~ll~rl. .
:,;!f!:;:-:i~/:;)) '-/'
COUNTY OF CLARK )
)ss
STATE OF NEVADA )
On this 19th day of January, 1990, before me, Helen E. Jones,
a Notary Public in and for said county and state, personally
appeared M. Frank Finfrock, personally known to me to be the
person who executed the above instrument, and acknowledged
to me that he executed the same for the purposes stated
therein.
~6~
Helen E"J~
'j;
. ,"iii
..
EXHIBIT "A"
:Ii.' ,. ..
.: L'Jc5C;:?/,.:'//tJ;V:"..'- .. " --
rlCC l7~ r,fJAC'/::5" 9/1//0 ItJ .(.]//NG .:5tJt//"# ,;f~ "v'C:tf/ 6'c?]/,{//"c,.v RtJ-4o ('5rArc:~
.RtJ,.10 tf/p, gc4) A.A/O /-4//<'/"5 &.;1 /9A/O:2"4" ,.oACA/I 8cA(Y/ /""/JR#.5'
tJtl$,a/J/f/y' PL''</r~. g;, '</c?e'Pk'C/-(/c 7d 7~c .PLrf/" .o/E.REc?~ .RECcJRCcO
/,(/ pur .6'00/ 5" rf/" ?'/JCc: 7.3 tf/' :7"#c r:'C/8L/C RcC!,!)RCf d/
r'.4G.#f 8Ertd# ~t?t/A/~ ,..c".(V'A"'/CA, .L.E6S TI/L" E/157"" /S;tJ .FEE/" /"A/EfcL)/."
'. .
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February 23, 1990
Mr. James J. Golden
senior City Planner
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33435-0310
Re: Knuth Road PCD
Dear Mr. Golden,
As applicant, I(we) agree to the following items regarding
Unified Control for the subject Planned Commercial
Development:
a. Proceed with the proposed development according to
the provisions of the City of Boynton Beach zoning
regulations and conditions attached to the zoning of
the land to PCD:
b. Provide agreements, contracts, deed restrictions,
and sureties acceptable to the city for completion
of the development according to the plans approved
at the time of zoning to PCD and for continuing
operation and maintenance of such areas, functions,
and facilities as are not to be provided, operated,
or maintained at public expense; and
c. Bind their successors to title to any commitments
made under subsections 3a and b above. All agree-
ments and evidence of unified control shall be ex-
amined by the city attorney and no zoning of land
to the PCD classification shall be adopted without a
certification by the city attorney that such agree-
ments and evidence of unified control meet the re-
quirements of these zoning regulations.
pi)( u/LYf::
Bill R. Winchester, ~r~-Partner
-_..............
po
. J" ~
:: :WarranuJ lleed
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~ lJQtl Jnbrnlurr. Mod. thi,
RETURN TO: ./
Thi. Inl'""'"'"' WOJ. p"po,.d b.,. /
~_ WIILINI A. ZElHER ~
"- \ V :a:IIID.. 8OUl~
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(!TiTUIOr.' rOUl-srmo. il'-Ol r.l,) n...... ,,~:' "J~"';
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December
I. 84, ilrhllNU
,..
CIO
RUBY !INN WINClIESTER, individually
001 fh. CO"...,., 01 Palm Beach ' :'Iof. 01
THE WINCHESTER FAMILY PARTNERSHIP.
Florida
LTD.
. 0"0"'0-'., o~
.8 who... pod olfic, odd'...;1 0495 5-:uth H.n.'C%hi.ll .Dctcnaioo, Doyntcn ~, FL JJ4JS
.. 01 ,h. Co.,..,.. 0' Palm Beach SIOI~ 01 Florida . G'G".....
r
.Unr..rt~. ThaI ~d o.on,o,. fOf o..d ." c_tird.,o"<Jo" oj ,),. u.'" 01
.~ -----:------Ten and no/100---------------------------------------- ft_~_
_n,
~ alld o,h.. 0004 ort4 yol"'obl~ (on'id.'olion' 10 toid 0"0"'0' ;.. htI>td p"jd b, loid g.o,,''', ,.... ,,,,.ipl ...hir'irof ;1 "-..by
l!S oc"I\O...I.dgl'd. ho, O',oftl.4. ba'oO'."""" O'NJ ....Jc! to lhot ,,'\id 0"0"'..... oftd O'lIn'..Ir\ h.iu flIftd oniO'''1 10""". 1M foUowinv
: I d.fCfilud Io;d, ";'''011. 1"'110 o..d blrlno ;ft Palm Dcach COUI\'" '="Io,ido. ro....,..
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1Ic::0()
~'1!J
An undivided one-fourth (1/4) interest in 411 of Tracts 9
and 10, lying south of the new Boynton Road, together with
TrActs 23 and 24, as shown on Palm Beach Farms Company
P\at Number 8, rec~rded in Plat P~ok 5, Page 7J, of tho
Public Records of Palm neach County, Florida.
SUBJECT TO real estate taxes for the year 1984 and 411
8ubsequent years; zoning regulations and ordinances of
governmental authoritiesf ~rNenantg, conditions, restric-
tions, limitations and easea~nts of record.
:.;....
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I hU..I~I. 't_ N.
(:.~JI_&"
ortd \O.d 9'0"'0' dou ......b., '..11., .. ""Cf"'" ~ ,.,r.. 1'0 '\.C.d Ic...d. ol\d _.11 d.l....d ,''. \0...... oooift\l ,"-' ..._.1,,1 (10..,,, ,,' 011
,..,_, ,:,,~~WM_'.
.' .'....;.;.'. . "C'O"'O" ond "9'0"'..- o'~ v'\.'!'.( I.,. """Q...t", ")0 plu.ol. O' (0"''''''' ,.,.q",.~t.
In .Un"r..s lIbrr.."r. C'c"'-tJ. hen ~......'o u" O'Oftro,', ho..d oood \rol '''. do.,. oftd '1'<1'0' '.HI OM... w.."_.
s.:o-o'. ,....,~ ond d........C'd ,,, c.... P'''~~ ( _ .
~_. .,'4<'_ _. ../'__ ,,- 'AM1C/-u~t'-'L .s-n
WINCIIESTER
____ f~1
,,-,,
.s..n
STAn Of ,"LOJUDA
COUNTY 0# B ROHARO
I IflItfB't c['nlfT rho. _ ...... d"7't h-rle." _. QfI ,,1M" 0...'" oo.KJI.t...d to ",Ire" OC'1.__WO_..h. pn,or\OIy DOPof'O..-.f
'nUB'!! ANN WINCHESTER, individually
d.v..b.-,", ... 0.... _'""" ..rc..f<IrC:t .~ f.Q.r..g.oo"1l _,."........, e..J _.._~ ~I_. ,..; ....,.
to _ ,,_ 10 " ,."... k<'_
S.... ..~.,.","""_
WlTNtSS _.. "o..d 0...J a'''''oaI ,..,1 .to m. Co--"'r ~ $1.0.... lot' .,,~..., :r? doy 0' Oeceabe.r
1~4.:, , '~~~~~~".
My (_.....1100" ...",.n ~ ~.~.4.4' .
"'.,-. "'IIIf(' SfUT" 'Y "l.JII:N ,EC::'~~ V~ruF!EO ... .
... .",..:::::. '''. I.... 11~~"" 'AUA ;;~J.~H'COtJHTY fl.4:'
IC~.';/~ ~ItUl n:s. &Co .i!;H" 8. DiJHlCtE :
CtEfi~ C:RtlllJ COlJ1lT
-
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.'
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between Ruby A. Win"hester, Grantor, and Elsie A. Winchester, Trustee,
dated December 31, 1975 known as the Bill Ray Winchester, II, Trust No.
1; 6';. interest to Elsie A. Winchester, as Trustee, under trust between
Ruby A. Winchester, Grantor, and Elsie A. Winchester, Trustee, dated
December 31, 1975 known as the Sheri Melodee Winchester Trm't No.1;
60/0 interest to Elsie A. Winchester, Trustee, under trust between Ruby
A. Winchester, Grantor, and Elsie A. Winchester, Trus'tee, dated December
31, 1975 Imown as the Susan Patricia Winchester Trust No.1; 60/0 interest to
Elsie A. Winchester, Trustee und er trust between Ruby A. Winchester,
Grantor, and Elsie A. Winchester, Trustee, dated December 31, 1975
known as the Kathryn Joy Winchester Trust No.1.
\
I
N~[: 2 8 8 7 PAGE 1 9 2 7
I' ' ReCDrd Verifie4
1Il~ Beath Call1lly, Fli]
John B. Dunk,.
.ClerIc Cireuil C-
-.
~
~
~Q t} E: [3~]j ~~ ~~1 g I~~ ~ _ :~:: L-: C!~!:: =2: ~;:;'1 _St:: ~~ Q ~ ~ t:! I_ :~E: E:1::: ~~ 2: ~ IQ ~
C~ty of Boyntort Be~ch, ~rc~i~a
Planr1ing and ~Dn~nc 30ard
This ap~lic3tion must bQ filled c~t complotely ~nd acc~~ately and
submitted in ~wo (~) copies to the Planning D2part~ent. Incomplete
3pplications ~ill not be processed.
Please Pri~t Legibly or Typ2 all In~c~mat:Q~.
.
. .
ss~ssek_~~EQB~eIIQ~
1.
Appli=~nt~s Name (pers~n C~ ~~siness entit~' ~n ~ho~~ r3me t~is
applisat~Dn is made):
Bill R. Winchester, Elsie A. Winchester, individually;
El sie A ~ ~i.:..r::.~~~~t'=-;:'_~~_~;:'t.!..~t.~~,-_lt1.Lb..YA,,-J'!..iJLG..h_~~t.~G-___
--Tne\~lnchester Family Partnership, Ltd. , 3ill R. Winchester,
~ddrcS3: General Partner 9290 Nickels Boulevard
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______.__~~~ t.qn__~~~ ~l:!..,__n_:LE:L<L____________
---------~----
Tel=-=-h,:::::~
!\~u;~LJ;!,"" :
____________________ __L4...0_7J_.:.L3_2_ -:..3....9_6_1___ ___________________
~
4'-a
Ag~nt.s ~Jnm~ (p2r~~n, l{ .~n '. !~~p~9s2nt~~~ ~pp:i~~nt):
Kieran J. Kilday_.J _Ki}:...~L_&__~S_s_osj_aJ~_e_s_________________
----------------- --
:~:[!j~-Gs::: :
1551 Forum Place, Bldq.lOOA
------------- -- ._----- ----~----._----- --.----- - - ---------------
West Palm Beach, Fl 33401
.---------.-----------------------------------------------
\1U.il.~' 2~-:
(407) 689-5522 .
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-;.[;1. :'==~i ::::-: Cr
"':'a
Corr~=SGndCrlCD Addre~s (i.f ~i~~'?l-~nt th~n.~p~l\c~n~ ~r 3qent):'.~
--------------------------------------------------------------
.-------------- -- -------- .-.-".- --------.----.-------
JO. TI-,::"3::= ~:'.::- ~:.t~t:~-.='!:-'.":i -1-,:; '..;:,i-::~-~ .::~~ '::l_.rlj.:-::, ~:,"_.~:r-:::. :l:--..I.~ :::,~:t.c.'-
r.1.::'ttcr-: :-.1:; I.J ~:~. L:c:! 11"::'\-..], -:~~;.
:T . E:~;~E:~;:~;.J_.~:q~~~~,~~~;1;;~t.!;.~, ~':~.::? _;.i"-:C~CI~.:~::;8.j ;--:-:'-?~1,. :::--~:-':_'::.C::.-; t~f'~ !-:'~2.nr;ing .::nd
'~:-"f1"" --.0..:1.-..... ""'1).- . 1..." l.':;'dr.\_.l ;'J' :~;::; .::i.':_y ':-.-: ~>'~'~.nt::'r. :~'0:~C.:----:.. '~~Q:--.id2l. to 3f',1end
;h~"" t~,.: ~ ;::;f ,- -;:~2'-~ C;:n~;-'?r~;~nSi '.'-:? r:'; ,:.n .~ ;"):~ ::~l.::: ,-~:- :,':::or:---; ,":":.-:-. ':-:..:! ~-::,l o~..,:
:=......:.n:ling [:?pt. .>-26
ii.J.:',:r:,
"
-
Att~ch addi.ticnal st,eats, i~ necessQry.
1. Section, page number:, 3nd exact lang~2q~ containGd in '~he Co~pr2hensivE
P13n which the applicant ~esires to be a~~n~Qd:
E.~hibi t "Au
__~~d-_---------_---------_-_--____-.__--_-_----_----__-------
_____!.~~~EE.l.:..i.E~~U~_::.'=_~~~~:!:.~_~_~e2'.E_:::::.e2'~:;::.r:.~~::_~I!.2:.:._~;-'::'E_~~E_~~~~L!~~.!-:,:?___
____.QK~~l~~!.T]~~"_l..:l..:Y_".!.::!:~_a t S<:.~thwest Corner of Boynten Beach Boulevard and
--- --------------------------------------
____.!5!:O'lt:...h_~9.~<!.,_~~iLe.:'_2.2._:?.!:_~~.!ol~~~: Deletion of '''... en the northern 225 feet
-- --------------------------------------
____2!._t:!'i.:'_E.r_o.P~::.SV.L2:~_"_c.::~::.~ance with the adopted Boynton Beach Boulevard plan.
-------------------------------------------
The remainder of the property should be ?laced in the ~[ederate Density
----------------------------------------------------------------------
Residential land use category."
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--~-------------------------------------------------------------------
-----------------------------------------------.-----------------------
----------------------------------------------------.------------------
2.
Natu~e of amendment reqG2sted:
__~~~_h~~~~b~g_~h~~~~_________
------------------------------.-------------------------.---------------
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-----------------------.----------------.---------.------------------------
--------------------.---------------------------------------------------
-------_._---~---------- -- ------- ----- --.-.---------- - .~--- ---.-------.---. --~--_._----
, .
------------------.-.----------------------.------------------------------
---------------_.--------~-_._----------------------
..------.----.------.-.-...---.-.--.---...----.-..
':;'.
F'I-L:p'2I'-'!'::'i.:.~~ ~:::.- ~.i;::,,--::on.:; t:.1:.,.t ,.>!'=,l'':',::: t-..: .:\.: +t:'c.':::....-j ::.'
-: ~.'f:,=.C .:;:..j :\;,,;,,:,::r:i::f;1C!T::
n____~t;,~_?~.~.?s.h~_4.._I'.I2.p_e_r._t;_y_/)..pp!"?:_is..~,~. '._~_.r1'?'p_.Q~_c.!-~~.S'~~~~_sP~o.~<! ing Proper ty Ot.;ner Lis t.
... -. .---'--...--- .-......--.----.--.-....--
---------_.._.._-----~--_._- ._---- -. ..--.-----.
--------.-------------.-----.---.-
P!...\nr:inq Ds.t:)-t. 1--8b
:) ';:~i~'~ ~
~
EXHIBIT "A"
Requested Text Amendment to the Compreh:nsive Plan:
VIII. LAND USE PROBLEMS AND OPPORTUNITIES
7.j. Parcel at Southwest Corner of Boynton Beach Boulevard
and Knuth Road
This is a 14-acre parcel which is currently approved in the
unincorporated County as a golf and tennis facility. If
developed as such, a RecreationaJ land use and zoning
designation would be appropriate. It is likely, however that
the property will be developed for more intensive uses.
Regardless of how the property is developed, should be
required to submit an application for annexation. The City
should permit Local Retai 1 Commercial ~-.:t;~-R-g~-t....t:&.o.~.,J:),......2.2.5-_
~~~-~--~fl4~-?~~~~~,--~~-~Q~~~~~~t~~~Q_~P~_____
B~..--B<=e-A-~""""""i'4---p.l-a_---+~-"'Qma-i.-~d"'-"--O;f_.:W>a_.px-O.pe.r.J:...,\,-
sJ.eu.I-Q-.be--?.l,~--J......-t.~~<l.......-a.t.,,_.o.s.~,".,i-t..)'-_R-GS-i.d,,~l.a.l_...l.a.tl<L..u.s.e_
~~~i'~. Building heights on this property should be
limited, however.. to 2 stories (25 feet), since 1- and 2-
sto~y residences lie in close proximity to the south and
southeast.
Pages 90 and 91
..-::
,
7.h. Residential Area between Old Boynton Road and L.W.D.D, L-24
Canal west of Knuth ?-oad
This area contains the Oakwood Lakes project, as well as a
portion of the Country club Trails PUD. Densities for approYed
projects range from 5 to 10 dwelling units per acre. This area
has good access and is largely surrounded by commercial or high
density residential developments. Therefore, this is an
appropriate location for High Density Residential land use. The
City should oppose any establishment of commercial uses within
this area, however, since commercial uses would intrude into
residential areas, access is not sufficient for commercial
development, and adequate commercially-designated property
already exists in the Vicinity. Building heights should be
limited to 2 stories, in order to be compatible with with the
surrounding 1- and 2-story residences. The undeveloped parcels
abutting old Boynton Road and Knuth Road should be annexed if and
when they become adjacent to the City. The Oakwood Lakes project
and the parcel to the west should ultimately be annexed by
referendum or other legal means. Any annexation in this area
should include annexation of the adjacent rights-of-way for Old
Boynton Road and Lawrence Road.
7.i. Parcels on North Side of Boynton Beach Boulevard. West of
Knuth Road
This area consists of a 160-foot deep strip of land lying between
Boynton Beach Boulevard and the L-24 Canal. The Palm Beach
County Comprehensive Plan shows only part of this strip to be
suitable for commercial development; however, it is likely that
the remainder of the parcels in this area will eventually be
permitted to develop fer commercial uses. If annexed, the zoning
categories imposed by the City for these parcels should generally
correspond to the pattern of county zoning, meaning that retail
commercial uses should not be permitted further than 660 feet
west of Knuth Road. Properties lYing to the west of this point
should be limited to office uses. The City should annex the
properties designated for office Commercial only if it can be
reasonably expected that Oakwood Lakes development north of the
L-24 Canal will also be annexed. Furthermore, if any of the
properties fronting on Boynton Beach Boulevard are annexed, the
right-of-way for Boynton 3each Boulevard should also be annexed.
7.j. Parcel at Southwest Corner of Bovnton Beach Boulevard ~nd
Knuth Road
,-'
This is a 14-acre parcel which is currently approved in the
unincorporated County as a golf and tennis facility. If
developed as such, a Recreational land use and 30ning designation
would be appropriate. It is likely, however, that the property
will be developed for more intensive uses. Regardless of how the
property ~s develelope~, the owner or developer should be
90
...-::;
~e~~~~2d ~o submit an applic~~lon for annexaticn. Th9 Ci~y
s~c~:i per~it Local Retail C~rmercial on tl1e ncr=he~~ 2:5 of thlS
~~=~~~~y, l~ accordance ~:~t!l :je ad0p~~d 30yntcn ~ea=h E0ulevard
p:a=. 7he remainder oi the ~~op~rty should be ~l~ced In ~he
Mode~ate Density Residential :and 115e category. 3uilding h~ights
C~ ~~~S prcperty should be l~~ited, 11owe'ler, to 2 scories (:5
~ee~~. 5i~ce :- ~nd 2-sto~y ~~sidences lie in cl~3e ;roximity to
t~e so~th and soucheast.
7.k. ~ni~corDorated ?arcelE ~:~ South Side ~f Eov~ton 3each Elvd.
These parcels co~stitute an unlccrporated pocket ~hi=h should be
a~n~xed. ~he first row of 10ts lYlng co the west ai the present
C:t7 ::m:ts, having an east-west dime~sicn of approximately 300
~ee~ 5~C~!~ be placed in the 3e!leral Commercial ~and use category
snd C-4 =oning district. T!lEse parcels should be required to
~ed~=a~~ right-of-'~ay and constru(:t the adjacent street
C2~s~~~ent with the ~equi~eme~ts that were placed on the U.S.
?25~ :~~~CE. T~e c~~~erci2: ~arce:s s~culd })~ ~evel:ped 50 as to
jE ==::~s~ible ~1i~h the future ~esid~ntia~ ~se ot the prc?erty
wt~=~ :~2S to the west. Those parcels which lie fur~her west
Ehcu:~ ~e placed in the Hig~ ~?nFity Residential land llse
C3=e~=~y. Co~mercial deve:op~ent on tl:is parcel should nct be
~2==~~~e~ Sln(:~ a s~11g1e-f3m~~y subdivision lies immediataly to
::::e :-;~S~ s.r.:l ac:equat".e conmerc.:.al p:.~opel~:'Y -=:~ists ~2.sewhere in the
~:=~~~:y. Ft~rt~ermoref bUlld~~g height~ 011 this parcel S~Ollld be
l:~:~ed ~o ~ stores (25 feet) ~ithin 150 fee~ and 3 stories
~:~~~:: .;00 fe~t of these sing2.e-fa~ily lets.
?:"A~;X::~JG .;RZA 3--S0UTHWEST G\,:_J,.:)?,;'NT OF C:TY
3.a. ~~ke Bov~ton Estates (language which was included in the
=.:.-:::.::-= ?2.2.1': Clnd su?~~rt docurne:l::s ~..;hich Nel~e tra:~s:rii. tted to the
~~:7 ~ommission on October 17, 1989)
~
=~==-=s-=-~~~t~ee-3~~-=ar~e~Y-~R~ffi~=e~ee-9~B5~~~5~e~7-wfi~eR ~11~
~~r~~~~~ ~0r~icn c~ ~hi3 stljd~~ision is zoned pri~arily ~or
sl~~:e-family ~jZe, but incllld2S multiple-family =oning along the
eaS~S=:1 ~?unda~y, and Neighbo~~hood Commercial =~ning at the
r;::;:.--:::-=r::. 3.nd :::::i_~tl~l;~r:l >:-nc~.s. -:'he sO"..lth2rn por'Cion or :'=.ke 30Y:lton
E3~a-:~3 ~nd several llnplattej ~r3cts lie wlt~i~ a ?1311n~d Unit
:-?':~:" :-:-::r,':;;, t: (?l'S) o::.nd F 131;.r;..?d C8rrmel-C ial De\'elca:nen:: : ?CD'. -,-;11 icl1
~~~ ~~~ E'.lbiect ,)~ ~Ollrt-orde~pd settlement stiPtl12ticns. a~e
~~~~~~~~~-~~~-~H~~~~5-0~-a-~~WSH~~ CO!lcerning ~:~~ l~l:~ l!S~ ~~d
=:~~~:~ ~~r the area. on ~lle :lorthern ~Or~iOJl of Lake B~7nton
~s=a:~3 t~e pr()p~rt7, ~~ll:ch is not wi~h~n ~11e pur ~r ?CD-~~e
~~~~~~~-~!-~Re-~aH9~~~~ the 13~d use for t~e ~-l~ =oned ?ortion
S~10~:~ ]Je :h~nged ~rom Mo~~rate Density Residen~~al to Low
D2::~~~? Residen~ial. ~o r~f~ect the existing zo~i~g and pattern
':~ ~?~e~Opmell:. ~nd:lle ~3~lS t:se for ~he R-3 =olled ~;)r~ion S:1~tl1d
~e c::a~ged fr0m Higll Density Residelltial to ~ediurn ~ensi~y
~eS~~~lltlal End R-2 zonil:~. ag3in, to reflect the ~xisting
~astern of ~evelOpme!lt_ T!le parcel occupied b} the Am'?rican
:'egicr:
91
I'"
-
----------------------------------------------------------------------
~ State~~~~ ~~ ccr.di~:c~s~ h2rds~i;3.
propDsed a~~~sment:
See Attached Justification State=~==
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Kilday & AAOClat..
Landscape Architects/Planners
1551 Forum Place
Suite l00A
West Palm Beach, Florida 33401
14071 689-5522 . Fax: (407) 689-2592
JUSTIFICATION STATEMENT FOR
KNUTH ROAD PLANNED COMMERCIAL DEVELOPMENT
COMPREHENSIVE PLAN TEXT AMENDMENT
The petitioner is requesting a Comprehensive Plan text
amendment to allow this entire site to be devetoped as Local
Retail Commercial. This text amendment request is consistent
with the current Palm Beach County Comprehensive Plan
designation which shows the property as a combination of
Commercial and Commercial Recreation. The Boynton Plan
already recognizes that the CommerciaJ designation is
appropriate along Boynton Beach Boulevard.
However, the Boynton Plan does not recognize the depth being
requested by the petitioner. As marketing changes, the needs
tor additional depth has been demonstrated in many projects
which have been designed and constructed along Boynton Beach
Boulevard. The proposed development plan allows tor a
unified development af the entire parcel. Development ot the
property based on the limited depth creates an additional
problem in trying to squeeze a very small residential
development in the area between the Quail Ridge buffer and
the designated Commercial area along the north. The proposed
plan allows for the entire site - which is a single parcel-
to develop under a single Comprehensive Plan Land Use
category.
~
IV~ GEEbl[QIlQ~_E~~~~ Fees shall b~ paid at the
is submittcd~ according to "tho fol:owi~g 5c~edule~
check, payable to the City of Poyntcn BeacM~
t~8e th3t the 3pplication
All f(~e$ s~~ll be paid by
Far amendmeni:s to t!l{~ .[:;:~~:t o-F the
comprehensive plan for the ben~fit
of a particL\lar property 0r properti~s.
.,;,~3f)O. 00
Where postponelnent of action by the Pl~nning. and Zo~ing board or City
Council is r9quested by ttle applicant, after thG appllcatlon ha5 been
advertised, the following fge5 shall be paid:
For re-advertisement of the application,
where re-3dvertisement is rQqui!-ed
":p~.::5. ..)(1
For each addition31. tra~smlssion of
t~e application to the Pl&nni~g 311d Zo~in~
Elo~\rd or City Coun,=i 1 ~ ::'.ft'~r. tt.~:) i'-,i ~i ;-:-:1
tr-ansmi s:::.i on.
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I\lOTICE OF LAND USE CHANGE
'NOTICE OF ZONING CHANGE
NOTICE OF TEXT AMENDMENT
The! 'City of Boynton Deach proposes to annex, change the lI~e of land,
amend the text of the Comprehensive Plan and rezone the land within the
area shown in the map in this advertisement.
11 public hearing on these proposals will be held before the planning
a",1 Zoning Bonnl on June 12, 1990, nt 7,)0 p.m. at City lIall in the
commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida.
11 public hearing on these proposals will also be held before the City
commission on June 19, 1990, at 6:00 p.m. or as soon thereafter as the
agenda permits, at City Hall in the Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida.
~~.hUi'.._-!, il~..,. .\. il.I'i':J'n,~I~;,:II! ~Ld~QY.NTON ROAD! L
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APPLICATION NO. 1
APPLICANT:
The Winchester Family Partnership, Ltd.
Kilday & Associates
r I
The Winchester Family Partnership, Ltd.
AGENT:
OWNER:
PROJECT NAME: Knuth Road Planned Comnercial Development
PROPOSED USE: 120,000 square foot shopping center
LOCATION: Southwest corner of West Boynton Beach Boulevard and
Knuth Road.
REQUEST:
lIMEND TilE FUTURE LAND
USE PLlIN CONTlIINED IN
TilE COMPREIIENSIVE PLAN
From - CH/3
(Palm Beach County)
To - Local Retail Commercial
(city of Boynton Beach)
REZONE: From - lIn, lIgricu1tural Residential
(Palm Beach County)
To - PCD
(City of Boynton Beach)
'.. '" APPLI CATION NO. 2
APPLICANT: Michael A. schroeder, Trustee
AGENT: Kilday & Associates
OWNER: University of Florida Foundation, Inc.
PROJECT NAME: Boynton Beach Boulevard Planned Commercial Development
PROPOSED USE: 120,000 square foot shopping center
LOCATION: South side of West Boynton Beach Boulevard, between North
Congress Avenue and Knuth Road.
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - R/8
(Palm Beach County)
To - Local Retail Commercial
(City of Boynton Beach)
REZONE: From - AR, Agricultural Residential
(Palm Beach County)
To -
PCD
(City of Boynton Beach)
A copy of the proposed comprehensive plan amendment and rezoning
request is available for review by the public in the City's planning
Department.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning Board or City commission with respect to
any matter considered at these meetings will need a record of the
proceedings and for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: THE POST
~ay 27, June 3 & June 10, 1990'
cc: City Commission
City Manager
Planning Director
City Attorney
City ~lgr's Office Mgr.
I I
. ,
, '.. APPLICATION NO.2
APPLICANT: Michael A. Schroeder, Trustee
AGENT: Kilday & Associates
OWNER: University of Florida Foundation, Inc.
PROJECT NAME: Boynton Beach Boulevard Planned commercial Development
PROPOSED USE: 120,000 square foot shopping center
LOCATION: South side of West Boynton Beach Boulevard, between North
Congress Avenue and Knuth Road.
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - RIB
(Palm Beach county)
To - Local Retail commercial
(City of Boynton Beach)
REZONE: From - AR, Agricultural Residential
(Palm Beach county)
To -
PCD
(City of Boynton Beach)
A copy of the proposed comprehensive plan amendment and rezoning
request is available for review by the public in the City's Planning
Department.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning Board or City Commission with respect to
any matter considered at these meetings will need a record of the
proceedings and for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: THE POST
May 27, June 3 & June 10, 1990
cc: City Commission
City Manager
Planning Director
City Attorney
City Mgr's Office Mgr.
I I
. ., ~.. "..r-ri
AGREEMENT
This Agreement entered into this lijU, day of June, 1990, by
and between STONEHAVEN HOMEOWNERS AS~ri:ON, INC., a Florida
corporation ("Association") and BILL R. WINCHESTER ("Winchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("Schroeder").
WHEREAS, there are currently pending before the City of
Boynton Beach, Florida, applications for Annexation, Future Land
Use Element Amendment, Rezoning and Comprehensive Plan Text
Amendment for projects known as "Boynton Beach Boulevard PCD" and
"Knuth Road PCD" and an application for Future Land Use Element
Amendment from "Low Density Residential" to "Medium Density
Residential" and rezoning from PUD with a Land Use Intensity of
four (4) to PUD with a Land Use Intensity of five (5) to allow
for the construction of 192 mUlti-family dwelling units and a
church with respect to the project known as "Tara Oaks PUD"; and
WHEREAS, Schroeder is the Applicant with respect to the
application, known as "Boynton Beach Boulevard PCD" pending
before the city of Boynton Beach, Florida and is the Contract
Purchaser of the property which is the subject of the Boynton
Beach Boulevard application; and
WHEREAS, Winchester is the Appl icant with respeot to the
application known as "Knuth Road PUD" pending before the city of
Boynton Beach, Florida and as a general partner of the
Partnership which owns the property which is the subject of the
Knuth Road PUD application can bind the owner of same; and
WHEREAS, Winchester is the Applicant with respect to the
application known as "Tara Oaks PUD" pending before the City of
Boynton Beach, Florida and is the Contract Purchaser of the
property which is the subject of the Tara Oaks PUD application;
and
WHEREAS, Association represents the property owners
the residential development known as "Stpnehaven PUD"
within the City of Boynton Beach, Florida; and
WHEREAS, Association is entering into this Agreement after
having a membership meeting at which a quorum was present and
having received the approval of a substantial majority of its
members as evidenced by a signed petition; and
within
lying
WHEREAS, Association and its members have had the
opportunity to review the various applications and to make such
inquiries with respect to same as they deemed appropriate
including meeting with representatives of the applicants; and
WHEREAS, Association is opposed to the development of the
property which is the subject of the "Boynton Beach Boulevard
PCD" as high density residential and to the development of the
property which is the subject of the "Knuth Road
moderate density residential as contemplated
comprehensive Plan; and
PCD" property as
by the current
WHEREAS, Association wishes to evidence its support for the
approval of the application with respect to "Boynton Beach
Boulevard PCD", "Knuth Road PCD", and "Tara Oaks PUD" provided
the Applicant with respect to each of same agrees to assure the
Association that such Applicant will, subject to the terms and
conditions set forth below, cause certain improvements (described
below) to be made on the real property which is the subject of
such application and on the real property of the Association
adjacent thereto; and
WHEREAS, winchester and Schroeder wish to assure the
Association that they, respectively, will, subject to the terms
and conditions set forth below, cause such improvements to be
made. '
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties agree as follows:
I. "Bovnton Beach Boulevard PCD".
A. Schroeder agrees that, provided the requisite
final government approvals for the Boynton Beach Boulevard PCD
application are obtained, he, as the developer/owner thereof,
shall make, or cause to be made, the following improvements and
other arrangements in connection with the development of the
property which is the subject of the Boynton Beach Boulevard PCD
application:
(1) The installation of a minimum twenty-five
(25) foot wide landscape buffer between the project and
Stonehaven PUD along the entire length of the adjacent property
lines. Buffer shall include:
(a) Four (4) foot high berm;
(b) six (6) foot high masonry wall located
in the center of the buffer;
(c) Barbed wire barrier on top of the wall
subject to City of Boynton Beach approval;
(d) Landscaping which consists of a minimum
of two (2) rows of shade trees twelve (12) to fourteen (14) feet
in height at time of planting, located on thirty (30) foot
centers. One row shall be placed on each side of the wall. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
-2-
(e) Construction of wall and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) Maintenance of the wall, berm, and
landscaping on both sides of the wall shall remain the obligation
of the developer/owner.
(3) All Australian pines within fifty (50) feet
of the stonehaven PUD property line along Banyan Creek Circle
North and within the southernmost ten (10) acres of the Boynton
Beach Boulevard PCD shall be removed by the developer/owner upon
initial approval of the application by the City Commissioners of
Boynton Beach, Florida.
(4) Entry into and maintenance in effect of a
contract to provide continuous rodent and pest control, such
contract to be entered into prior to commencement of closing/site
work to cover all of the property which is the subject of the
Boynton Beach Boulevard PCD application.
(5) Building heights will be limited to one story
(maximum 25 feet) for anchor store only, balance of shopping
center to be maximum of twenty-two (22) feet high.
(6)
shall be shielded
and rights-of-way.
All lighting shall be of low intensity and
and directed away from surrounding properties
(7) The architectural treatment at the rear of
the shopping center is to match the front of the shopping center.
(8) Screening and noise mitigation is to be
provided for all exterior mechanical equipment and to be located
at ground level if approved by the City Commission, City of
Boynton Beach, Florida.
B. In consideration of the foregoing promises, the
Association endorses the "Boynton Beach Boulevard PCD"
application and requests that the members of the city Planning
and Zoning Board and City Commission approve it.
II. "Knuth Road PCD".
A. Winchester agrees that, provided the requisite
final government approvals for the Knuth Road PCD application are
obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arrangements in connection with the development of the property
which is the subject of the Knuth Road PCD application:
(1) A six (6) foot masonry wall shall be built
-3-
,
adjacent to the east right-of-way line of Knuth Road from
stonehaven PUD's north property line (adjaoent to office
building) south along the north right-of-way line of the LWDD L-
25. The Assooiation agrees to assist the developer in obtaining
approval to include this wall section in the development plans
for Knuth Road PUD subject to appropriate impaot fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and Stonehaven Drive the placement
of said walls shall be done in manner reasonably suitable to the
Association. It is the intention of the Association that these
walls conform with the existing layout of the present entrance
into Stonehaven PUD and to accommodate lo.cation of guard gates.
[See II.A. (4) (c) below.]
(2) The Knuth Road PCD property owner shall be
required to provide maintenance for said walls for five (5)
years.
(3) Construction of the wall shall occur
simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(4) The owner
participate as follows in
Stonehaven PUD:
of the Knuth Road PCD property will
providing additional security of
(a) Assist in preparing applications and
seeking approval for the abandonment by the City of Boynton
Beach, Florida, of Stonehaven Drive from Kn~th Road to LWDD L-25
to secure the safety, well being and property values of the
residents of Stonehaven PUD. These applications will commence
upon approval of this project by the City commission of Boynton
Beach, Florida.
(b) Construction of the following masonry
wall segments which shall occur simultaneously with site
preparation and prior to the commencement of construction of any
buildings and (which will not be subj ect to any impact fees
credits) :
1. A section of a six (6) foot high
masonry wall identical to wall in II-A-(l) fifty (50) feet in
length extending from the east right-Of-way of Knuth Road
adjacent to the existing office building parking area along the
north property line of Stonehaven PUD.
2. Construction of a six (6) foot
masonry wall identical to wall in II-A-(l) along the north right-
Of-way line of LWDD L-25 from a point parallel with the east
property line of "Tara Oaks PUD" easterly to the west right-of-
way line of Stonehaven Drive. Said wall section shall commence
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from the termination point of the wall section referenced in
section III below and will be the obligation of "Tara Oaks PUD".
3 . Construction of an identical wall
extended from the east right-of-way of Stonehaven Drive along the
north right-of-way line of LWDD L-25. This wall shall be of an
appropriate length, not to exceed fifty (50) feet, in order to
create a suitable accented entry.
4. Provide landscaping to the extent
possible adjacent to the wall sections subject, to a final
determination of land area available. Provide landscaping in the
form of twelve (12) to fourteen (14) foot shade trees on thirty
(30) foot center in those areas where adjacent property is
available within Stonehaven PUD and agrees to provide maintenance
for said walls for five (5) ,years.
(c) Upon a successful completion of the
abandonment of Stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
guard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,OOO.OO). Type
and style of guard gates along with the type of electronic
entrance systems to be used with these guard gates will be
determined by the Association. Upon completion of construction
of all walls required to be built pursuant to this Agreement, the
developer/owner of the Knuth Road PCD property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five Thousand Dollar ($35,OOO.OO) amount
contemplated by this Agreement. These funds shall be held in an
interest bearing account. FunCls shall be disbursed from this
account, in an amount up to Thirty-Five Thousand Dollars
($35,OOO.OO), in satisfaction of the Knuth Road PCD property
owners obligation to contribute toward guard gate construction
costs as set forth in this paragraph. Upon completion of
construction or disbursement of Thirty-Five Thousand Dollars
($35,OOO.OO), in the aggregate, the remaining funds shall be
released to the Knuth Road peD property owner.
(5) Installation of a traffic light in accordance
with governmental requirements at the intersection of Boynton
Beach Boulevard and Knuth Road.
B. In consideration of the foregoing promises, the
Association endorses the "Knuth Road PCD" application and
requests that the members of the City Planning and Zoning Board
and city Commission approve it.
III. "Tara Oaks PUD".
A. Winchester agrees that, provided the requisite
final government approvals for the Tara Oaks PUD application are
-5-
obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arrangements in connection with the development of the property
which is the subject of the Tara Oaks PUD application:
(1) Construction of a six (6) foot masonry wall
along the north right-of-way line of LWDD L-25 from the east to a
point parallel with the east property line of "Tara Oaks PUD".
It is the intent that his wall section connect with the
stipUlated wall section contained in the conditions of "Knuth
Road PUD". This wall shall be landscaped in the same manner as
the wall in II-A-(4)-(b)-4 and developer agrees to provide
maintenance for said wall for five (5) years.
(2) Creation of a twenty-five (25) foot wide
landscape buffer along the ,north property line adjacent to the
south right-of-way line of the LWDD L-25 Canal. That buffer will
consist of landscaping which consists of a minimum of two (2)
rows of shade trees twelve (12) to fourteen (14) feet in height
at time of planting located on thirty (30) foot centers. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
(3) No buildings shall be located closer than
forty (40) feet from the north property line of "Tara Oaks PUD".
This setback creates a minimum separation of one hundred seventy-
five (175) feet from the most northerly building to the closest
individually owned south property line of Stonehaven PUD.
B. Based on the foregoing, the Association endorses
the "Tara Oaks PUD" application <;lnd requests that the members of
the city Planning and Zoning Board and City Commission approve
it.
IV. Miscellaneous.
A. Walls contemplated by this Agreement shall be
masonry walls provided by Anchor Wall Systems, or similar
construction, including pilaster caps on all columns with the
Association approving the color and texture on all such walls.
B. Winchester and Schroeder agree to pay reasonable
attorneys' fees incurred by the Association for its law firm to
review this Agreement.
V. Aqreement to Run with Land. It is the intention of the
parties that the obligation to make the improvements and other
arrangements described in this Agreement, with respect to each of
the real properties which are the subject of the applications,
shall if the applications are approved, become covenants running
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
-6-
thereafter so long as that person or entity shall have an
ownership interest in the property. Neither Winchester nor
Schroeder shall be under any personal obligation to make, or
cause to be made, the improvements and other arrangements
provided for ~n this Agreement with respect to the real
properties which are the subject of the Boynton Beach Boulevard
PCD, the Knuth Road PCD and the Tara Oaks PUD applications if the
provisions of this Agreement with respeot to all of suoh
improvements and other arrangements are, by the filing of
appropriate instruments, made covenants of record running with
the land and binding upon the person or entity having fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
affirmative injunctive relief to enforce specifically the full
and timely performance of the obligations set forth in this
Agreement concerning the making of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstanding, neither
Winchester nor Schroeder shall have any personal or other
obligation to make, or cause to be made, the improvements or
arrangements provided for in this Agreement as to any of the
properties, which are the subject of the referenced applications,
unless the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the City of Boynton Beach with respect
to same.
(Winchester\stonel.Agm\06/l9/90)
-7-
Its
NOTICE OF ANNEXATION
NOTICE OF LAND USE CHANGE
J
NOTICE OF ZONING CHANGE
The city of Boynton Beach proposes to annex, change the use of land, and
rezone the land within the areas shown on the map in this advertisement.
A public hearing on these proposals will be held before the City Commission
Tuesday, December 18, 1990, at 6:00 p.m., or as soon thereafter as the
agenda permit.f', at: city lIa]l in th<? cnmmission chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida.
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APPLICANT/
OWNER:
AGENT:
PROJECT NAME:
PROPOSED USE:
LOCATION:
REQUEST:
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APPLICATION No.1
The Winchester Family partnership, Ltd.
Kieran J. Kilday/Kilday & Associates
Knuth Road Planned Commercial Development
120,000 square foot shopping cente~
A 13.87 acre parcel located at the southwest corner of W.
Boynton Beach Boulevard and Knuth Road
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ANNEXATION: Ordinance No,' 90-61 (Proposed)
AMEND FUTURE LAND USE PLAN:
From - CH/3 (palm Beach county)
To - Local Retail Commercial (City of Boynton Beach)
REZONE :'
From - AR, Agricultural Residential (Palm Beach county)
To - PCD, Planned commercial Development (City of Boynton
Beach)
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APPLICANT:
AGENT:
OWNER:
PROJECT NAME:
PROPOSED USE:
LOCATION:
REQUEST:
APPLICANT/
OWNER:
AGENT:
PROJECT NAME:'
PROPOSED USE:
LOCATION:
REQUEST:
APPLICANT/
OWNER:
AGENT:
PROJECT NAME:
PROPOSED USE:
LOCATION:
REQUEST:
APPLICATION No.2
Michael A. Schroeder, Trustee
Kilday & Associates
University of Florida Foundation, Inc.
Boynton Beach Blvd. Planned Commercial Development
120,000 square foot shopping center
A 14.76 acre parcel located at the south side of West
Boynton Beach Boulevard, between North congress Avenue and
Knuth Road
ANNEXATION: Ordinance No. 90-62 (Proposed)
AMEND FUTURE LAND USE PLAN:
From - R/8 (Palm Beach County)
To - Local Retail Commercial (City of Boynton Beach)
REZONE:
From - AR, Agricultural Residential (Palm Beach County)
To - PCD, Planned Commercial Development (City of Boynton
Beach)
APPLICATION No.3
winchester, winchester, Zeiher & schroeder
A Florida General Partnership
Kilday & Associates
Winchester Boulevard Restaurant (f.k.a. Retail/Oil Lube)
Fast food restaurant
A 0.84 acre parcel located at the northeast corner of
Boynton Beach Boulevard and Winchester Blvd.
ANNEXATION: Ordinance No. 90-63 (Proposed)
AMEND FUTURE LAND USE PLAN:
From - CH/8 (Palm Beach county).
To - Local Retail Commercial (City of Boynton B~ach)
REZONE:
From - AR, Agricultural Residential (palm Beach county)
To - C-3, Community Commercial (City of Boynton Beach)
APPLICATION No.4
Mall Corner Inc.
Kilday & Associates
Mall Corner Restaurant
Restaurant
A 1,34 acre parcel located at
Winchester Park Boulevard and
.
the southwest corner of
old Boynton Road
ANNEXATION: Ordinance No. 90-64 (Proposed)
AMEND FUTURE LAND USE PLAN:
From - CH/8 (Palm Beach county)
To - Local Retail Commercial (City of Boynton Beach)
REZONE:
From - AR, Agricultural Residential (palm Beach county)
To - C-3, community Commercial (City of Boynton Beach)
The complete legal description by metes and bounds and the proposed
ordinances can be obtained from the Office of the City Clerk.
,
A copy of the proposed comprehensive plan' amendment and rezoning request is
available for review by the public in the City's planning,Department.
All interested parties are notified to appear at said hearing in person or
by attorney and be heard. Any person who decides to appeal any decision of
the City Commission with respect to any matter considered at this meeting
will need a record of the proceedings and for such purposes, may need to
ensure that a verbatim record for the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: THE POST - November 22, 29, and December 6, 13, 1990
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A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office of the City Attorney 8 working days
prior to the first pUblishing date requested below.
Cup)'
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REQUEST FOR PUBLISHING
LEGAL NOTICES ANDIOR LEGAL ADVERTISEMENTS
ORIGINATING DEPARTHENT:
PLANNING
PREPARED BY: 'Michael W. Rumpf
DATE PREPARED:--ll/l~/qO
BRIEF DESCRIPTION OF NOTICE OR AD: r~p AMENDMENT FOR ANNEX-
l\'ElON, I.AND USE ELEMEN'l' AMENDMENT, AND REZONING OF PROPERTIES
(Knuth Rd. PCD, Boynton Beach BLVD, Retail/Oil Lube, and Mall Corner
Restaurant) . '
SPECIAL INSTRUCTIONS AND REQUIREHENTS: (Size of Headline, Type
Size. Section Placement, Black Border etc.1
THE AD Mus'r OCCUpy NOT LESS THAN ONE-QUARTER OF A STANDARD NEWSPAPER
PAGE. THE HEADLINES MUST BE NOT LESS THAN EIGHTEEN POINT LETTER SIZE.
PLACE AD IN "L9CAL NEWS" SECTION AND NOT IN THE CLASSIFIED SEC'rION OR
LEGAL SECT ION. IF MAP IS REDUCED STREET NAMES ON MAP MUST BE LEGIBLE.
AN EXTRA COPY OF TilE ACTUAL MAP IS ATTACHED FOR THE NEWSPAPER.
SEND COPIES OF AD TO: NEWSPAPER, PLANNING DEPT., CITY ATTORNEY
NEWSPAPER(S) TO PUBLISH: PALM BEACH POST
DATE(B) TO BE
PUBLISHED: NOVEMBER 22, 29, DECEMBER 6, 13, 1990.
APPROVED BY:
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(City Attorney)
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< -./ ' UI(/ /U{/;r---
) ci ty Manager)
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(Date)
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(Date)
RECEIVED BY CITY CLERK:
COMPLET~D:
REZONE ~
From - AR, Agricultural Residential (Palm Beach County)
To - PCD, Planned commercial Development (City of Boynton
Beach)
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