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LEGAL APPROVAL <The City of 13oynton 13eac/i 100'f.. 'BayMan 'Beadi 'BauIevard" P.O, 'Bo>:..310 'lJaynton'Recuu, 'J{orid"a 33425-0310 City1ia{{; (407) 734,8111 '[:U: (407) 738,7459 ANNEXATION - KNUTH ROAD PCD ORDINANCE #090-6l REZONING - KNUTH ROAD PCD ORDINANCE #Q90-70 "I -~ JI '- --eOVNTON BEAG.!"l1J c i i i =2. i _r~~.' . "1 [T- I I ,i I ! ~: \ i ".iA ; I I .,.'" , I i I .\ I \ " ti d) ", , \ 5J.merica~, Cjateway to tfie ijul]:'trcarn ORDINANCE NO.o90-6/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING TH~ KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF ~HE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc., agents for The Winchester Family partnership, Ltd., Bill R. Winchester, Ruby A. Winchester and Elsie A. Winchester, individually and Elsie A. Winchester, as Trustee, collectively referred to as the owners of the following tract of land as hereinafter described, have filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City of Boynton Beach, Florida, directed to the City Commission pursuant to Article I, Section 7 (32) of the Charter of the City and Section l7l.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida and will, upon its annexation, constitute a reasonably compact addition to the City territory; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section l: Pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida, Sections 171.044 and 171.062(2), Florida Statutes, the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: All of Tracts 9 and 10 lying south of New Boynton Road (State Road No. 804) and Tracts 23 and 24, Palm Beach Farms Company Plat No.8, according to the Plat thereof recorded in Plat Book 5 at Page 73 of the Public Records of Palm Beach County, Florida, less the East 15.0 feet thereof. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6 (a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinance adopted simultaneously herewith, the proper City zoning designation and Land Use category is being determined as contemplated in Section l7l.l62(2) Florida Statutes. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the annexation has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by Section 171.044, Florida Statutes. Section 7: This Ordinance shall become effective immediately upon its final passage. Section 8: Specific authority is hereby given to codify this Ordinance. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach county, Florida. FIRST READING this 4' day of ~8'77Z3ER. , 1990. SECOND, FINAL READING and PASSAGE this /! day of U6C.G-A18t3K., 1990. ~tu~ . i Mayor' /i '- .rI ;' _,/. t ' ,,_-,- I j !' tommissioner ~/;L4~a~ Co issioner /o~~~ -F-, j C. ~_ Commissi ner ' --- r (Corpura.t.e Seal) ANNEX 1. DOC 11/28/90 Rev. No.2 , I' 'i II I' ORDINANCE NO.V90-~t i I i II I I I I I I I I i WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc., ~gents for The Winchester Family Partnership, Ltd., Bill R. irinchester, Ruby A. Winchester and Elsie A. Winchester, lindividually and Elsie A. Winchester, as Trustee, I ICollectively referred to as the owners of the following I ~ract of land as hereinafter described, have filed a I ~etition for Annexation to the City of Boynton Beach, IFlor ida, directed to the Ci ty of Boynton Beach, Florida, IFirected to the City Commission pursuant to Article I, lisection 7 (32) of the Charter of the City and Section il171.044' and 171.062(2), Florida Statutes; and : WHEREAS, said tract of land lying and being within Palm AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE KNUTH ROAD PCD (SW CORNER OF BOYNTON BEACH BLVD. AND KNUTH ROAD) ANNEXING .A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THA~ THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. IBeach County is contiguous to the existing City limits of Ithe City of Boynton Beach, Florida and will, upon its llannexation, constitute a reasonably compact addition to the Ibity territory; and I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION E-~HE CITY OF BOYNTOH-BEACH, FLORIDA: .---.. ------------.~---------- BOYNT;~ACH NEWS, DECEMBER 8, 199~ ~- CC: CITY ~mNAGER, CITY COMMISSION, CITY ATTORNEY BILL FILE, AGENDA FILE, NEWSPAPER FILE Ii , Section 1: Pursuant to Article I, section 7(32) of he Charter of the City of Boynton Beach, Florida, Sections 171.044 and 171.062(2), Florida Statutes, the following bescribed ~ituated IfrOrida, II unincorporated and contiguous tract of land and lying and being in the County of Palm Beach, to wit: ls hereby annexed to the City of Boynton Beach, Florida, and I liuCh land so annexed shall be and become part of the City [ith the same force and effect as though the same had been priginally incorporated in the territorial boundaries rhereOf. 'l Section 2: That Section 6 and 6(a) of the Charter f the City of Boynton Beach, Florida, is hereby amended to I ef lect the annexation of All of Tracts 9 and 10 lying south of New Boynton Road (State Road No. 804) and Tracts 23 and 24, Palm Beach Farms Company Plat No.8, according to the Plat thereof recorded in Plat Book 5 at Page 73 of the publ ic Records of Palm Beach County, Florida, less the East 15.0 feet thereof. said tract of land more I articularly described in Section 1 of this Ordinance. Section 3: That by Ordinance adopted simultaneously erewi th, the proper City zoning designation and Land Use ategory is being determined as contemplated in Section l71.162(2) Florida Statutes. Section 4: All ordinances or parts of ordinances in onflict herewith are hereby repealed. I Section 5: brdinance or any portion thereof be declared by a court of II 'rompetent jurisdiction to be invalid, such decision shall 'not affect the remainder of this Ordinance. Should any section or provision of this Section 6: This Ordinance shall not be passed until the annexation has been advertised for four (4) consecutive eeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by Section 171.044, Florida Statutes. ( ..-:: , Section 7: This Ordinance shall j!immediatelY upon its final passage. ,I Section 8: Specific authority is IbOdifY this Ordinance. I i Ifiled with the Clerk of County, Florida. I" become effective hereby given to Section 9: This Ordinance, after adoption, shall be the Circuit Court of Palm Beach .. ~ .....,;: -- -- RESOLUTION 00. 86.- f\J N /01 " A RESOLurION OF TIlE CITY COUNCH" OF THE CITY OF BOYNION BEACH, FLORIDA SUPPORTING TIlE REALIG~ OF KNUTH ROAD AT INTERSOCTION AT BOYN'ION BEACH BOULEVARD WHEREAS, the City of Boynton Beach and Palm Beach County have and will continue to CXlOperate with the developnent and planning of the area between Congress Avenue and Lawrence Road in the area south of Boynton Beach Mall; and .... WHEREAS, detailed proposals for the developnent of this area are "" continually reviewed by both the City and County staffs; and WHEREAS, the City .and County staffs have discussed and have come to agreement on the proposed realignment of Knuth Road at Boynton Beach Boulevard; and WHEREAS, the background for this proposed realignment and justifi- cation for the realignment had been presented to the Boynton Beach Mayor I and City Council for review. N:M, TIlEREFORE, BE IT RESOLVED '!HAT TIlE MAYOR AND CITY COUNCIL OF THE CITY OF BOYNTON BEACH support the proposal for the realignment of Knuth Road at Old Boynton Road and furtherrrore support Palm Beach County efforts to condemn rights-of-way for this realignment as proposed in the attached AUgust 11, 1986 zrenorandtnn frcxn Carmen Annunziato to Peter L. Cheney (with supporting documents). PASSED AND AOOPl'ED TIlIS J.!L fiaay of j).Uj as. f , 1986. CITY OF BOYN'ION BEAOl, FLORIDA ./ )tt:,L;~., - ~jJ . 1 V1ce Mayor~ ~~# ~~.rr. Council Ma11berT ."' ~ - ity JUl 8 ~ Pl.ANNINs Be~f; ~; .~-:U;:~:-;rn", I(corporate Seal) ".w,.'mi&, " - "". -~ - '" ( {, , ~. ~ , I TO: , FROM: HE: RECEIVED MEMORANOUM 11 August 1986 AUG 12 1996 ,,'y MANAGW'5 OffiCE Peter L. Cheney, City Manager Carmen 5. Annunziato, Planning Director Knuth Roaa RealiQnment As previously discussed, an attempt is being made to realign Rnuth Road between Old Boynton Road and West Boynton Beach Boulevard (see attached letter and map). Knuth Road, over this area, currently intersects at ~ its northerly terminus, Javert Street. Javert Street is resiaential in nature, serving West Boynton Subdivision. As proposed, an S-curve would be designed into Knuth Road resulting in the northern terminus intersecting with the western entrance to the Boynton Beach Mall. The City's interest in this realignment rests in the fact that all properties east of Knuth Road, including Knuth Road at its present location will be incorporated in the future. This process has started with the pending annexation of parcels of land at the northeast corner of Knuth Road and West Boynton Beach Boulevard, and at the southeast corner of Knuth Road and Old Boynton Road. Also, realignment will en- hance the objectives of the Boynton Beach Comprehensive Plan Evaluation and Appraisal Report which recognizes that Knuth Road will function as a collector. Concerning construction of the realigned Knuth Road, you will recall that the developers of the properties of the two previously mentioned corners have a financial and construction commitment to purchase rights- of-way and build Knuth Road at its present location. Apparently, interest has been shown by these property owners in the realignment, as it will make their parcels of land more valuable by enhancing access. These commitments are summarized in the letter to Michael Schroeder dated June 20, 19B6, copy attached. ..\,. In order to effect this change in alignment, the County has to approve the change and potentially condemn rights-oi-way. As of Friday, August B, 1986 the County expressed a willingness to do so. However, the County Truffic Engineer recommended that the City of Soynton Beach officially support the project us it must be approved by the County Commission. Therefore, it is recommended that the City Council pass a resolution supporting this realignment, and that copies of the resolution be forwarded to the County Commission and the County Traffic Engineer. "- /bks c:.~J( .-:r- CARMEN S. ANNVNZbX~O ~1 1""'. i i 1Fa"Ii'i.)~<. ,_.,., ~, - ..011 .......~,:~~ ~- .. .' y,..;~~ R O~ -;.~--~:-~~.;if~ .,.~i~'ia Jt,~ wr.',,~' Xhi~ <;>f~i -",:. -:,,",111. , -~!:: 'L'~j -~! ~ . \. "',.-.1- 'Tj: '- '/-.;rl:.,-'II\" -:, _~J -- , 't ~ , : ./' \/~/ / .<' . ;~ , ; ____ :-.lJJ ., .-- ,",WES r.,. ." .,~ """"7'~ ....;:-"'. ""' IrON '" ,,~ , '--.1;-'" - - -I" 80' ! I I I I I ,.. i ;.. ----" \ ,:/ . 6~ .". - '" . 1~ It .... I <2'./. " J\ "', ~ """. s.'~ ,\ ;..,// " \- \ .' . -....! .. j 'b , 5"....,;:.-- . '- . r -::: ~:. I' .. "", :r \- ~, l( - "," ~' -- ). ~ ,; I "\ ;: , , -\ '- " --....- "- ~ 1 '!;. \ ~..,l ~, "J 1 , " 4'1/ ;....: ......;>"J t' ;~. -'-'" --1 --' ,-).--~ ' ~ ..:;., \ .. , '- ...1 , \ ''''2. . - ~ IL-, : -2,:-\ .... ,,,,y. '~~ _~ I ;~~2--~~=-"~.-::-_=__. ____~r :~~::;).<N~~ _ ___ -'-L~IJ:, L...... 0 ().r)a -...)(\ u', , ., I.. " Il: ','-' i:! " ~ ~.: 7-/ ' I ... L:il A( ,..... ~ . ,;,::::,. ~6 .... : ~ ~" .. \" ,. . . ' __ r: .j;::. .~t~~ ,-'-:;~~; Et':o;' 't"':1.1. ...W~. ,.~ / Ii:,;' I,"~ , : -~~::,,_':::'-::::-- _--T'"f ,1/-1- -- -.-.:....~._.../ ..---- - -=-r '~ :..' ; > "- ~ ~' '". f ... b .~ - ... CITY of BOYNTON BEACH ... @ \l'(lN E. '"dAV~NUE P.O. BOlt3'O BOYNfONBEACH.FLO"HOA~J'O j~ll3-<..aI" ?l-c.J~ I. ,Cia.- ~ lC-41d 1 ~;-;;;.~~" 'fl.. . ~l::.t.ik.=.:lI=~ed: I ~c;I, .' f "-~"",,,,:O.;;F"=11' """'n I" t' " .-. _' c '111J!"lli~' t - 'f::,' .~IAn~"" ~- t~ - r"- h_~ .,~_. .;-"--- OFFICE OF THE PLANNING DIRECTOR - Michael Schroeder, Esquire l' Lincoln Place 1900 Glades Road Suite 301 Boca Raton, FL 33431 Dear Mr. Schroeder: 20 June 198i As requested. the Planning Department researched the matter of the reconstruction of Knuth Road as it relates to the approval of the Sabra strip cente: and Capitol Professional Plaza. To that end you will find accampanY1ng this letter a copy of a memo and attendant documents wh1ch explain the agreements made at the time of plan review. By copy of this letter, I am advising Mr. walker of our findings. If, after you r~view these documents you have any questions, please feel free to contact me at your convenience. - .... /bks Enclosures cc: City Hanager Charles Walker Central File '- %t:&f... Yours very truly, CITY OF BOYNTON BEACH C<Oi-?x.YY./;;? ?~~X~ Carmen S. Annunziato ../ Planning Director .. ..-: .J T { " , - .. I". I.,. TO: FROM: RE: MEMORANDUM June 18'1 1986 Carmen S. Annunziato, planning Director James J. GOlden, Assistant City planner Knuth Dairy Road Construction - Cost Sharinq Investigation of the planning Department files and the minutes of ~ the planning and zoning Board and City Council fOL the Knuth Road Associates and Sabra Enterprises, Inc. annexation requests concerning the cost of constructing Knuth Dairy Road has revealed the following: ~ I.,.. "- Ca itol minutes made oy cost of C-3. Professional Plaza - Oecember 3 1985 eit Council P-14 see exhibit Al: Martin Perry agrees to comments Charles Walker concerning the formula for sharing the construction for Knuth Dairy Road contained in exhibit Greentree Plaza II - Februarv 4. 1986 City Council minutes. P~lS (see exhibit B1: Kieran J. Kilday agrees to the terms of annexation inc uding the staff comments regarding construction of Knuth Road contained in exhibit C, items *1~3. In regard to the additional right-at-way (west side) that would need to be acquired to make Knuth Road an 80 foot wide collector, both Mr. Perry (exhibit A) and Mr. Kilday (exhibit Dl request that they would like the City to consider aSking the County to authorize the expenditure of some of the impact fees paid by these two projects to assist in the cost of acquisition for this additional right-of-way. jlat Attach. .\:~~ '., ..../d,~,. I,,~ I /O..;d.. YJAMES J. GOLDEN ');5~', '&.:.~,~ - .~ r: ..JI -,.~ ~ i ~ .'~i'WU4". I.... - I. " '- - ~ '- MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIO~ DECEMBER 3, 1985 Mr. Perry said the application was filed August 28, and he has a letter from the planning Department dated September 12, indi- cating it had been prepared and was being processed, he believed it was advertised in October. This petition is not the same as the preceding one, which was advertised prior to october 1 but was postponed 30 days. Mr. Cheney said they anticipate that this application would go to the DCA with the group in JUly, but Mr. Perry may be able to get the DCA to rule that this application was submitted before October 1. \ Mr. Cheney explained that they plan to submit three other annexa- tions, therefore, land use amendments--the post office, a series of rights of way and a piece of land on High Ridge Road (Max Schorr propertyl--to the DCA In April, along with the DN~ Report, Which is an analysis of the old Master Plan. In May, they will begin reviewing land use amendments only to be submitted in July. In July, August and September, they plan to review routine planning material, such as site plans. In October, November and December, having received a reply from the State, they plan to again review land use amendments to be submitted the following January. The number of applications considered in each of these periods depends on the number approved. If he is not successful with the DCA, Mr. Perry said he oopes his application could be included in the qroup in April rather than July, as all of the review relative to this application oa$ been completed, with a full staff recommendation relative to the Comprehensive plan amendment. Mr. Cheney said he cannot answer that request tonight, but it may be possible. Mr. perry said the proposed height of this project is in accord with the allowance in the PCD ordinance and is in line with what is happening across Old Boynton nasd at the mall. He said their traffic engineer is of the opinion. in agreement with the County Engineer, that restriping should be done to allow left turns into their property off Old Boynton Road rather than constructing a (' median. His client is willing to share in the cost of constructing and widening Knuth Road: they have no problem with the formula recommended by Mr. Walker for determining the amount. There is a requirement that they acquire an additional IS feet of right of way for the entire length they are to construct the road, which is 660 feet. The acquisition of that right of way will cost approximately $65,000 to $70,000; therefore, they request that the city consider asking the County to authorize the eKpcnditure of some of the available funds from impact fees ta assist with the cost of this acquisition. Finally, Mr. Perry requested that this application be considered for the April sub- mittal to the State. "> Mr. AnnunzIato said he discu5sed with Mr. Walker for the County participating in the construction the potential of Knuth Road , - 14 - .:..it... - ~::....1J. ~. \ \ '~~-'-... r i a<<:': <.,', ,~~it - ... MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 4,1986 ... of Knuth Road and utilities in connection with this rezoning, and annexation should be granted upon compliance with those con- ditions. In response to Mayoe Cassandrals question as to whether he agrees to the stipulations made by staff, Mr. Kilday said they are already prepared to construct Knuth Road up to and through the canal, but the second part of the stipulation will depend on the cooperation of the other property owner. He said their hands are tied until the City acts with the other property owner. Mr. Annunziato said.the other owner will not be annexed and zoned or receive his ~ater and sewer agreement until he coop~rates. '- M~yor Cassandra ~sked if anyon$ wiShed to speak in favor of or against this request, and there was no response. Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve this rezoning from AR to C-3. He said many times this is the best way to control the quality of what is built in a loc~tion, because the same stipulations might not be met if the property remained in the County, but the impact on the roads could be just as great whether it was a part of the City or th~ County. Councilman Warnke thought the AR zoning should be retained for the property, and pressure should be put on the County Commission not to rezone it whe~ the request comes before them. The motion was voted upon and carried 3-2, ~ith Councilman Warnke and Councilman Zimmerman voting in opposition. Mayor Cassandra said the developer should realize that the two Councilmen have very strong concerns, and the retail usage con- cern should be considered. Mr. Kilday said they restricted it considerably from the original proposal, which was all retail. He added that, in addition to this parcel, the eXisting Greentree Plaza, which already has water and sewer service, will be annexed. Mr. Kilday said this property is zoned CG in the county; it is not zoned AR. - ~ As suggested by Attorney Vance, Vice Mayor Ferrell moved, '~ seconded by Councilman Warnke, to deviate from the Agenda and next consider the other request for this applicant, which was under Legal-Other. 1. Consider approval of Utility Service Agreement submitted by Kieran J. Kilday for Edward I. Singer 1f2stQoned to Februar~19a6J Vice Mayor Ferrell moved, seconded by Councilman Bester, to approve the Utility Service Agreement. The motion carried 3-2, with Councilman Zimmerman and Councilman Warnke dissenting. l.. Vice Mayor Ferrell moved, seconded by Councilman Hester, to \ revert to the order of the Agenda. The motion carried 5-0. At 9:45 p.m. Mayor CaSSandra announced a break, and the meeting resumed at 9:50. - 15 - .,; _1 r: .J> ."Y' ~:~~.. ~;:~;,. V' l -/ ~I '-. <.. \ ' ) 1.1 of CUlIll!)" COllllllhs' mncth M. Allam$, Chairm__ .arl'1l T. Marcus, Vice Chair Ken Spi1lias Jerry L. Owens Dorothy Wilken 'I)" ..\tlHlillj~lr:llur uh. C. S~n~hur)' I)~r."n..nl "r 1'1...nine-Zunl"II." Kull.Jinll "'b~rl E. 8auh"'1 (uc.llIl..OlnClDI AuguSt: JO, 1985 l I I Sabra Enterprises, Inc. By Kieran J. Kilday, Agent 1551 Forum place - Ste. 3~0e West Palm Beach, FL. 33401 Subjects Petition No. 8S~93 - Rezoning/Special EKceptioR Dear Sir: At the Public Hearing on August 22, 1985, the Board of County Commfssfonurs of Palm Beach County, Florida, officially approved your petition as advertised subject to the attached tenative list of special conditions. You are tentatively scheduled for the September 25, 1985, Site Plan Review Committee Meeting co~mencing at 9t00 A.M. In the Conference Room at 3400 BelYeder~ Road. You or your r~presentatlYe should be present at this meeting to answer any questions the Committee might. have. In order for your plan to be considered by the Site Plan Review Committee, you must submit a revised site plan, reflecting the conditions listed, on or before noon ot September 11, 1985. Sincerely, ~~j(( 'It~Cv-...... John A. Lehner, Director Zoning Division '- I J^L:~jh cc, Pet. No. as-93 - Rezoning/Special Excflption File, Bee File, L. Carter, S. Sprague, Minutes Department R. Wheelihan S. Hardy Edward Singer ~U' C2.lli~. . .. liE.P H i1C:J . . . 'C:oLf'D ____~~........._M__~.. 3400 BEL\'EDERE ROAO WEST rALM BEACH, FlOIUDA 33406 . (lOS) .ol-1S20 ...~...",................." . C-1 .r :'i..-.'~ -. ~ ~_.. -:;;:W~'~.~~J.t-:. '~ YG-'iJ\C," ,j" \ ," PETITION NO. BS~93 1) p~io~ to site plan certification the site plan shall be ~ev~sed \ reflect the followingl 6) Removal or relocatIon 'of the two (2) parking stalls along the west p~ope~~y line nearest the corne~ at Knuth and Boynton West Road, pursuant to zoning Code Section see.17., (OFFrSTREET PARKING REGULATIONS), and pursuant to Section 4.H., (Site Distance for LandscapIng Adjacent to PublIc RIghts~of~way). b) hccommodation of requIred landscape strips outside of utility easements, or .e.XEtq.1:!~1J_of_requislI.e_easement -Bgreements 1n._a_~Q.II]. acceptable to the county and appllcable"utilk~y company/les. v' c) 1\ six foot high solid masonry wall along the north line with 10",12 ..j" foot high canopy trees planted 20 feet on center along the north and the east property lInes. 7 - 'l .,/ d) parking area interior landscaping' pursuant to Landscape Code SectIon 4.G. landscape provisions shall be graphically depleted on the site plan, an~ interior landscapIng requIrement calculations shall be ~ added to the site data tabulatIon. 2) All mechanical and air conditioning equipment shall be roof mounted and screened with parapets or be contained within the enclosed loading and service area. 3} All facades of the retail buUding shall be given architectural "treatment consistent with the front of the center to avoid an incompatible industrial appearance Impact upon nearby residential development. - 4) No stock loading or dumpster pickup will be permitted between the hours of 8:00 p.m. and 8 a.m. 5) No storage or placement of any materials, refuse, equipment or accumulated debris shall be permitted in the rear of the retail build iog. 6) No parking of any vehicles shall be permitted along the rear of the..... retail building except In designated spaces or unloading areas. .... 7) Security lighting shall be directed away from nearby resIdences and rights~of~ways. . site development tc from this property B) Reasonable precautions shall be exercised during insure that unconfined particulates (dust partIcles) do not become a nuisance to neighborIng properties. 9) Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters. . Ie) Any fuel or chemical storage tanks shall be Installed with protection against leakage or spillage due to corroslon, breakage, structural failure or other means. The design and installation plans 100'111 be submitted to the Health Department for approval prior to installation. """ 11) Any toxic or hazardous waste generated at this site shall be properly handled and disposed of In accordance with Chapter 17~30, F.A.C. 12) The development shall retain cnsite 85\ of the stormwater runoff generated by a three (3) year-one hour storm per requirements of the Permit Section, Land Development Division. .<J 'N - T~' :: ., - ~3)j The property owner shall convey for the ultimate right~of~way of: (a) Knuth Road, 30 feet from cente~line, (b) Boynton Beach Boulevar~, 69 feet from centerline (approximately an a~ditional )~ feet~. . Ail within 90 days of adoption of the Resolution by the Board of County Cbmmissioners; conveyance must be accepted by palm Beach County p~ior to issuance of first Building Permit. l() The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard ~o the north right~ofrway of the L.W.D.D. Lr24 canal concurrent with onslte paving and drainage improvements pursuant to a paving and drainage permit issued from the office ot the County Engineer. The construction of Knuth Road shall also include the construction of a new structure over the LNDD L..24 Canal per., the LWDD's requirements. This construction shall be credited towar&" the Fair Share Impact Fee and the additional monetary contribution as determined in condition No. 19. .... - 15) The Developer shall convey to the Lake Worth Drainage District the north fiftyrfour (54, feet of tract 8 for the required right-of-way of Canal No. L~24, by Quit Claim Deed or an Easement Deed in the form provided by said district, within ninety (9~) days of adoption of the resolution by the Board of County Co~mlssloners. It said Canal No. Lr24 is piped, less conveyance may be required per the Lake Worth Drainage District requirements. 16) The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section for acceSs onto Knuth Road end a permit from the Florida Department of Transportation for access onto Poynton Beach Boulevard. - ~ 17) A maximum of 10,900 square feet of general retail shall be permitted at full buildout. IB) The petitioner shall present a notarized Affidavit of Disclosure at the Zoning Authority meeting. , 19) The property owner shall pay a Fair Share fee in the amount and manner required by the -Fair Share Contribution for~Road Improvements O~dinance- as it presently exists or as it may -from time to time be amended. The Fair Share Fee for this project presently is $16,797.00. - Based on the Traffic Performance Standards (Category -B-), the Developer shall contribute $4,20e towards ro~dway improvements in the appropriate Impact Fee 20ne. These funds shall be paid prior to December 15, 1985. If the Fair Share Contribution for Road Improvements Ordinance Is amended to Increase the Fair Share Fee, this additional amount of $4,200 shall be credited toward the Increased Fair Share Fee. If the certified cost is less than the construction in Condition No 14, the balance shall be submitted to Palm Beach County at time of issuance of the first building permit. ..> 2.) There shall be no automotIve service station located on this site. 21) The petitioner shall not proceed to draw building permits until sewer and water agreements are entered into with the City of Boynton Beach. ,L. .,_. ..'.'.~.;m ~~,-- _.~ PLANNING DEPARTMENT ST^FF COH!!ENTS 1. The land use category requested must be considered as a part of an overall strategy for annexation. In keeping with stated City Council policy, this pro~erty should reflect an Office and Professional land use category and be zoned c-l (See attached! . 2. A site plan for the proposed development must be sub- mitted to the Planning Department and be approved by the City Council prior to annexation and rezoning. 3. The property owner shall convey for the ultimate' ri~ht- of-way of: a. Knuth Road, 30 feet from centerline. b. Boynton Beach Boulevard, 60 feet frorn centerline, (approximately an additional 15 feet). All within 90 days of adoption of the Resolution by the Board of County Commissioners. Conveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. 4. The property owner shall construct Knuth Road with a 24 foot paved surface, from its present terminus north of Boynton Beach Boulevard to the north right-of-way of the L.W.D.D. L-24 canal concurrent with on-site oaving and drainage improvements pursuant to a pavinq and drainage permit issued from the office of the County Engineer or City Engineer, as appropriate. The construction of Knuth Road shall also include the construction of a new struc- ture over the L.W.D.D. L-24 canal per the L.W.D.D. 's requirements. This construction shall be credited toward the Fair Share Impact Fee and the additional monetary contribution as determined in Condition No.6. 5. The Developer shall convey to the L.W.n.D. the north fifty- four (54) feet of tract 8 for the required right-af-way of Canal No. L-24 by Quit Claim Deed or an Easement Deed in the form provided by said District, within ninety (90) days of adoption of the Resolution by the Board of County Commissioners. If said Canal L-24 is ~iped, less convenance~ may be required per the Lake Worth Drainage District require- ments. 6. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project is $16,797.00. Based on the Traffic Performance Standards (Category "8"), the Developer shall contribute $4,200 towards roadway im- provements in the appropriate Impact Fce ZOne. These funds shall be paid prior to December 15. 1985. C-2 ~.':'. - -'~';rJ}:~:~_ '~";'f1;i'~T, "'.>,....y-J'>7.-..v-"...~.-...~'" ..._-+ - - ~ _. - - ...,I ..,J .1-- ~, , -~._'... ~.....-,- '., '~.' -- \". ," I ':Ild '>1 ( ,'''lll~ l 'l1j~, \' \,il.'1I1-11 t\r:lIl,'lh M. ,\l\ar:,; '1.:urm:,,, 1\;::':11 T. :\1.'n'I!~. <' Cllllir Krl1 Si,illi;t'i Jl'rl')' L. 0'.\'('111 Vorothy Wil1;cll November '. 1985 ." I , ,~ '\..l!"~ ...~~.~,. .......':'" ."~'.~-,;:-.~'~ ~~.'~~; ,~::\):- \.....~:.;.~-....::l.. "-{~~~ Ol'P~fI:n~1'l1 01 EniJineelir.~ :If'.d r\~t:lic Wor~.l H. F. Ki"lert Cuunty En\lln~el Hr. Carnen Annunziato Planning Oirector Ci ty of Boynton BeaQh P.O. Box 310 120 N.E. 2nd Avenue Boynton Beach, FL 33Q35-0310 SUBJECT: Annexation or The Sabra Project Localion At The N.E. Quadrant or Boynton Beach Boulevard And Knuth Road And The Capitol Profe$sl~nal Center Locat~d At rh~ S.E.Quadrant or The Old Boynton Beach Boulevard And Knuth Road Dear Hr. Annunziato: 1hi3 is in reply to your request to this orfice for trafric related comments for the two subject projects. which 81'e Qurrently petitioning for annexation into the City of Boynton Beach. Civen that both of these projects will put commercial traffic on Knuth Road, it is my recommendation that as 8 condition of approval, these projects be required to obtain the RIght-Of_Way for and con5truct Knuth Road. B~ 8 2q foot ~ection with turn lanes as 8ppr~priate in 8 60 foot Right-Of_Way, between Old BoYnton Road and Boynton Beach Boulevard. Conditions of approval Should require the provision of oonstruction plans Bnd Right_Of_Way ducuments necessary for this contruction. Palm Beach County will commit to obtaining the necessary Right-Of_Way, using it's condemnation powers as necessary. As you know, the Sabra Project wa~ p~eviously approved in Palm Beach County as Petition No. 85-93. As you can see from the attached conditions of approval, this project was reQuired to construct Knuth Road to the north RIght_Of_Way line or the Lake Worth Drainage District Lateral No. 2Q canal.'It is my recommendation that all conditions impused under the ~ounty approval be re-imposed as part of the conditions of annexation. SpecifiC conditions Which should be imposed on lhe Capitol Professional Cente~ follow: 1) Dedicate ~O feet from centerline for the ulti~ate 1/2 Right_Of_Way for Old Boynton Road. 2) D&dicate 30 feet from centerline for the ultimate 1/2 Right-or-W~y for Knuth Dairy Road. BOX 2429 . WEST PAUl', bEACH, FLonlrJA 3:;:'102 (3a51 6~.~.40CO ( , C-3 " - A paqe Two. If the Fair Share Contribution for Road Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of $4200 shall be credited toward the increased Fair Share fee. If the certified cost is les5 than the construction in Condition No.4, the balance shall be submitted to Palm Beach COullty at time of .issuance of the first building permit. 7. There shall be no automotive service station located on this site. __~.T.n 'Y::"H{ - - .., ..I - ...I .) -, ,./ j ----. .J 1'; , \. ~ ,~ ~, ,; .: ........zJUV ~ ~ ..... "... ~. \,;:. \" ';;;- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVeMBER 12, 1985 attached to the tract). primarily, they were talking about the right-of-way north of the canaL (from there to Old Boynton Road). Mr. Annunziato agreed with Chairman RYder that it 1B a gap. Chairman Ryder said Capitol Development doeB not go all the way down to the canal because a private house iB there. Mr. Annunziato said the propert~ with a private home has a very large lot, not heavily developed. Chairman Ryder thought the Board should go to the 60 feet and, hopefully, it would be extended. He pointed out that it could be extended from funding for capital improvements. Mr. Annunziato said the issue here was that the applicant was objecting to putting up the money to buy the right~of- way. He did not believe the issue was the paving of the road. Mr. Kilday interjected that they own the area they are required to pave, so they have no problem giving the riqht-of-way and doing the paving. Their one problem with that letter is they are supposed to join in with another entity with regard to the area north of themt which they are not required to pave. Mr. Kilday suggested that this should be a three way cooper- ative effort to develop the road that has to be developed for the sake of the owner immediately to their north: the petitioner, the County, and that owner. people will use that short cut because they know it is there. They will pave that, but Mr, Kilday wanted to see the County at~least use some of their impact fees for that small amount of access. Chairman Ryder asked what the intervening distance between the southern limit of the capitol center and the p~ivate single family home is. Mr. Kild^y answered, M790 feet," Mr. hnnunzlato advised that the issue was whether they wanted urban development to utilize a 30 foot farm road. In his opinion, he thought they would not. Mr. Kilday agreed because their center is that much better with the road going all the way through, but it was ^ question of how people should g'1t it together. He reiterated that they h3\i'e ;) meeting set up with the County to suggest the three way effort, but they did not know about this in time to do any- thing about it. Maybe the County will say, "Great", but they generally say, nIf you will do itt we won't." with ceqard to the heiqht limitationt Mr. Kilday told the Board Members the petitioner would be asking the Council to allow them to move ahead with building permits in Palm 8each " .;l.\':W,' ---I'-~" r:: J " ( (, ~ .- -- ", \ .' , , " 3) Dedicate a safe corner (the long chord of a 25 foot radius) at the intersection of the above Rights-Of-Way. ~) Pave Knuth ..Dairy Road from Old Boynton Road to connect to the bridge over the L-2~ canal in coordination with the Sabra Project. 5) Modify the existing pavement markings on Old Boynton Road to provide a two-way left turn lane from Knuth Road to Mall Access Road "An. It is also recommended that these projects jointly hire an engineer for the preparations of the plans. That the cost of construction be split at the north line of the Lake Worth Drainage District Lateral No. 24 canal, with Sabra bearing the cost south of this line and Capitol Professional Center bearing the cost north of this line. The cost of, the Right-Of Way documents and the Right-Of-Way costs would be shared between these two: projects based on their traffic generation. Capitol Professional Center's share would be 56~, and Sabra Project's would be 44~. It is also recommended that building permits not be issued for these projects until such time as the contract for the construction of Knuth Road has been let. Your continued cooperation in these matters of mutual interest is sincerely appreciated. , , Sincerely, OFF~CE ,OF TrE COU~T) ~GINEER /!I!t</JJJ//U:.- Charles R. Walker, Jr., P.E. Director, Traffic Division CRW:bem -...-.-~~...-- - ...,.... ~::c~.jO L....-;..'l: , d '. ~ " c....." . '-I JOe n ,(jL /?,4 / ,-,.t I ^ / ~ ,. . /'-c#' <t:_c4'L......., TO: Feter Cheney, City ~~~&ger F RO~~ : h'llUarr, P. Doney, Esquire DATE: DEcember 16, 1925 RE: K~uth Roae hssociates Annexation ----------------------------------------------------------- Enclosed herewith please find thE ori9inals of ttrE€ (3) F'YClpCSec Ordinances concerning the aba,'€:: J-eferenced ffiatter &E follows: 1. Ordi~ance annexing the prop~rty Grcincnce amenolng the Land Cse EJe:"rEfl't. G]-~i~arlce zoninq ?ycperty P}anne~ Cc,'c"ercial DevElcjJrc,ent District (peD). L. " . E2:-:le I If '::~E=SE YOi..: tJ=\"e any qucsticr:s or CuITlrr,e:nts CG:-Jcerr,.:!..:!"J': eel f1Ut heEi tate to contact;;:::. 1'1)--/" ,>:-"'L..-- : 1)' -"-.' , ,/ I j".. ___~._i__ _ ___..:::-~'--t. ~'-../ WILl-lAM P. DC1~;EY, Esquire-- \':?0/ ~ 5"'" E::nc~ cc: CCirnler. J.....!JTJu!1:z:iato - ~~~T~D f.."......~ "- ,'"'''' ,. ,-.,I- -"" _"'Y-::- t~ '1C"n~ rE.\) ? ,) '." . )..:'~'\". \. ,,;.':, l ._\ fL~\"l\..'~ ;------- 'Xq,b ~1-~ "r' (/ C" i v ~ X 1!;7 .) Q- el~ q,J ~\\' J.....:">H:S ,.\". '~_-\.~{~E. P.}\.. ~ MEMORANDUM 26 February 1986 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director Authorization to Transmit Comprehensive Plan Amendment Request RE: As previously discussed, the Planning Department seeks authorization from the City Council to transmit to the State of Florida Department of Community Affairs, a request for an amendment to the Comprehensive Plan Future Land Use Element. In order for the City Council to authorize transmittal, the Council must first determine that the Local Planning Agency (Planning and Zoning Board) has conducted a public hearing. In this instance, the proposed amendment involves-an annexation request submitted by F. Martin Perry for Knuth Road Associates, and the Planning and Zoning Board did conduct a pUblic hearing on November 12, 1985. Also, the Council must transmit five copies of the proposed amendment which will be addressed administratively if transmittal is approved. The materials to be transmitted include the Notice of public Hearing, the agenda packet,a copy of the Future Land Use Map and a copy of a proposed ordinance which would amend the comprehensive Plan. For information purposes, the City Council conducted a pUblic hearing on December 3, 1985, and agreed to annex and zone to Planned Commercial Development District this 3.5+ acre tract of ~and ~ocated in the southeast corner of Old Boynton Road and Knuth Road. Please place this request on the Council agenda of March 4, 1985 for Council's consideration. _ Thank you. Ca.> ..... 0(. ~......:;(. CARMEN S. ANN ZIATO /bks .. ....TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, November 12, 1985, at City Hall, to consider requests for ANNEXATION, REZONING AND LAND USE AMENDMENT covering the parcel of land described as follows: Leqal Description: Tract 48, less the South l28~5 feet thereof and less the North 20 feet thereof according to the Palm Beach-Miami Land and Development Company plat of subdivision of Section 19, Township 45 South, Range 43 East, recorded in plat Book 7, page 19, Palm Beach County. Also to be annexed is the adjacent right-of-way as follows: A portion of Knuth Road right-of-way in Section 19, Township 45 South, Range 43 East, more particularly described as that part of said Knuth Road right-of-way being 30 feet in width and lying between the South right-of-way line of Old Boynton Road and a line parallel to and 495.32 feet south of said South right-of-way line. APPLICANT/OWNER: Knuth Road Associates AGENT: F. Martin perry PROJECT NAME: capitol Professional Center LOCATION: Southeast corner of the intersection of Knuth Road and Old Boynton Road REQUEST: REZONE from - AR Agricultural Residential district Palm Beach County to - PCD Planned Commercial Development District LAND USE AMENDMENT from - Commercial Potential Palm Beach County to - Office Commercial A PUBLIC HEARING will be held by the City Council of the City of Boynton Beach on the above request on Tuesday, November 19, 1985, at 8:00 P. M. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in per- son or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Council 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. BETTY S. BORON I , CITY CLERK CITY OF BOYNTON BEACH PUBLISH: THE POST EXTRA October 27 and November 3, 1985 MEMORANDUM II September 1985 TO: Jim Vance, City Attorney FROM: Carmen S. Annunziato, Planning Director RE: Knuth Road Associates - Annexation and Land Use Amendment/ Rezoning request Accompanying this memo you will find a copy of an Annexation ap- plication and Land Use Amendment/Rezoning application submitted by F. Martin Perry for Knuth Road Associates, a Florida general partnership. Jncluded is a copy of the partnership agreement, warranty deed, agent authorization, etc. required as part of the application submission. The applicant is requesting rezoning to PCD (Planned Commercial District). As the PCD regulations were recently approved by the City Council, this is the first request that has been submitted .to the Planning Department for rezoning to PCD. Enclosed you will also find a copy of the new PCD regulatiofis. The requirements for rezoning to PCD include a provision that the applicant submit legal documents verifying unified control of the proposed development. These requirements are listed on page 2 of the PCDregulations. Please review the enclosed legal documents to determine their conformance with the unified control provision of the PCD regulations. ~a~ J< ~ Carmen S. Annunz~o flat ,/ittachments. cc: Central File .I MEMORANDUM lO September 1985 TO: Betty S. Boroni, City Clerk FROM: James J. Golden, Assistant City Planner RE: Knuth Road Associates Annexation/Land Use Amendment and Rezoning request. Accompanying this memo you will find a copy of an Annexation and Land Use Amendment/Rezoning request submitted by F. Martin Perry for Knuth Road Associates, a Florida general partnership. In addition, you will find a legal description for that portion of a right-of-way (Knuth Road) which lies adjacent to the applicant's property. A check in the amount of $300 has also been submitted which you will find attached to each application form. Please advertise these requests for a Public Hearing with the Planning and Zoning Board for November l2, 1985 and with the City Council for November 19, 1985. Thank you. ~ ? >>-L J&!mes J (I Golden flat