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
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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'
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tommissioner
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Co issioner
/o~~~ -F-, j C. ~_
Commissi ner ' --- r
(Corpura.t.e Seal)
ANNEX 1. DOC
11/28/90
Rev. No.2
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ORDINANCE NO.V90-~t
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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
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~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
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
E-~HE CITY OF BOYNTOH-BEACH, FLORIDA:
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BOYNT;~ACH NEWS, DECEMBER 8, 199~
~-
CC: CITY ~mNAGER, CITY COMMISSION, CITY ATTORNEY
BILL FILE, AGENDA FILE, NEWSPAPER FILE
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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
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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.
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, Section 7: This Ordinance shall
j!immediatelY upon its final passage.
,I Section 8: Specific authority is
IbOdifY this Ordinance.
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Ifiled with the Clerk of
County, Florida.
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become
effective
hereby
given
to
Section 9:
This Ordinance, after adoption, shall be
the Circuit Court of
Palm Beach
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RESOLUTION 00. 86.- f\J N /01
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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
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Council Ma11berT ."' ~
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Pl.ANNINs Be~f;
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FROM:
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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.
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CARMEN S. ANNVNZbX~O
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CITY of
BOYNTON BEACH
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P.O. BOlt3'O
BOYNfONBEACH.FLO"HOA~J'O
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OFFICE OF THE PLANNING DIRECTOR
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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.
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Enclosures
cc: City Hanager
Charles Walker
Central File
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Yours very truly,
CITY OF BOYNTON BEACH
C<Oi-?x.YY./;;? ?~~X~
Carmen S. Annunziato ../
Planning Director
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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:
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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.
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YJAMES J. GOLDEN
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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 $70,000; therefore, they
request that the city consider asking the County to authorize the
eKpcnditure of some of the available funds from impact fees ta
assist with the cost of this acquisition. Finally, Mr. Perry
requested that this application be considered for the April sub-
mittal to the State.
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Mr. AnnunzIato said he discu5sed with Mr. Walker
for the County participating in the construction
the potential
of Knuth Road
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 4,1986
...
of Knuth Road and utilities in connection with this rezoning, and
annexation should be granted upon compliance with those con-
ditions. In response to Mayoe Cassandrals question as to whether
he agrees to the stipulations made by staff, Mr. Kilday said they
are already prepared to construct Knuth Road up to and through
the canal, but the second part of the stipulation will depend on
the cooperation of the other property owner. He said their hands
are tied until the City acts with the other property owner. Mr.
Annunziato said.the other owner will not be annexed and zoned or
receive his ~ater and sewer agreement until he coop~rates.
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M~yor Cassandra ~sked if anyon$ 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.
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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.
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mncth M. Allam$, Chairm__
.arl'1l T. Marcus, Vice Chair
Ken Spi1lias
Jerry L. Owens
Dorothy Wilken
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uh. C. S~n~hur)'
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AuguSt: JO, 1985
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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,
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John A. Lehner, Director
Zoning Division
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Pet. No. as-93 - Rezoning/Special Excflption File,
Bee File,
L. Carter,
S. Sprague,
Minutes Department
R. Wheelihan
S. Hardy
Edward Singer
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3400 BEL\'EDERE ROAO
WEST rALM BEACH, FlOIUDA 33406 . (lOS) .ol-1S20
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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.
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.,/ 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.
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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.
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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.
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~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.
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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.
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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.
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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.
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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.
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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.
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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 $4,200 towards roadway im-
provements in the appropriate Impact Fce ZOne. These funds
shall be paid prior to December 15. 1985.
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Vorothy Wil1;cll
November '. 1985
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H. F. Ki"lert
Cuunty En\lln~el
Hr. Carnen Annunziato
Planning Oirector
Ci ty of Boynton BeaQh
P.O. Box 310
120 N.E. 2nd Avenue
Boynton Beach, FL 33Q35-0310
SUBJECT: Annexation or The Sabra Project Localion At The N.E.
Quadrant or Boynton Beach Boulevard And Knuth Road
And The Capitol Profe$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
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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.
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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
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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.
,
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Sincerely,
OFF~CE ,OF TrE COU~T) ~GINEER
/!I!t</JJJ//U:.-
Charles R. Walker, Jr., P.E.
Director, Traffic Division
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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).
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YOi..: tJ=\"e any qucsticr:s or CuITlrr,e:nts CG:-Jcerr,.:!..:!"J':
eel f1Ut heEi tate to contact;;:::.
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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
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cc: Central File
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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.
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J&!mes J (I Golden
flat