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CORRESPONDENCE OCT,lS.2000 4:53PM KILDAY~& ASSOCIATES Kilday Et Associates Landscape Architects/Planners 1551 Forum PI.09. Suit" 100.0. Wm Palm Stach, Florida 33401 (56') 689-5522 · Fax (56 1) 8S9-2592 www.kildayinc.o;(l... \~ ~;, ' P~A.NNING ,V:O 7i.\~:!t-~;~ DE?l October 18, 2000 ill.~ m :Mr. Mike Rumpf. AICP Planning and Zoning Director City of BO)llton Beach 100 East Boynton Beach Blvd. Boynton Beach, F1 33435 ~~""; . ....;"..".., . I"F1 fI,. PtANNING AND ONING DEPl RE: Drugstore and medical office proposal for property at Golf Rd. 8& Congress AVe. City tile: LUAR 00-005 and COUS 00-004 Ourfile 900.4 Dear ~1r. Rumpf: Our office is the authorized agent for two applications cUII'ently under review. The applications are for a Land Use Amendment & Rezoning (LUAR 00-005) and a Conditional Use Approval (COUS 00..004) on the subject propelt)'o Please accept this letter to formally withdraw both of these applications from further review. The items should be rem.oved from any scheduled public hearings or Technical Review Committee meetings related to these applications. This request is made without prejudice and the property owner and petitioner shall retain the right to submit future zoning petitions on the site. Call me with any questions or comments, ~ Chris Kerr Kilday & Associates Cc: Mr. Jim Zen gage, Southem Development Services Inc. ---~----~~---- - -.-.- S E p, .:' q, L} ~-, ,;:,' ,:^,t A 1'\. r " - - - q.; : 1 r' \Ij <:.'.:-",IJ.V, p .' r'^' ,y~ - '. );;oJ. ~, ~\.,i \..: 1 A, ItS ~j{l QfL" "~'. ,) ,j L Kilday & Associates Landscape Archit"ctB I Planners 165' Forum Placc. Suite 100A We$'t Palm Beach, Florida 33401 (66 i) 689.5522 . Filx (561 J 689.2592 ww....d<ildllyinc.com MEMORANDu..~ TO: Lucia Galav, A1CP FM: Chris Kerr DT: September 29, 2000 RE: Golf Road & Concn5s A"'e. Walgreens Ourfilefl 900.4 As the authorized agent for the property owner, please accept this request to postpone the item from the October 3, 2000 TRe meeting agenda. We need to address various site planning issues and will need the postponement for an indefInite period of time. We will notify you in writing when we are prepared to be added to the TRC agenda. Please call me with any questions. - ----------~-~_._-~------ J 1/1 Kilday & Associates Landscape Architects/Planners 1551 Forum Place, Suite 100A West Palm Beach. Florida 33401 (561) 689-5522 · Fax (561) 689-2592 www.kildayinc.com C'~C' c' I:",,:" , I ('~ 11,--- .' September 25,2000 ~ I j -.--.J Mr. Mike Rumpf Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Fl 33435 RE: TRC lVieeting for Proposed Development at Southeast Corner of Congress A ve. and Golf Roads - Walgreen's and Medical Office Our file 900.4 Dear Mr. Rumpf: As agent for the petitioner, please accept this letter as a request to postpone the above - referenced item from the September 26, 2000 City of Boynton Beach TRC meeting. A one-week postponement is requested to allow time for the project team to reviev/ the comments issued by City staff. Please have the item placed on the October 3, 2000 TRC meeting agenda. Call me with any questions or comments. Sincerely, L1i(~LJ~ Collene W. Walter Kilday & Associates Cc: Mr. Jim Zengage, Southern Development Services Inc. Rob Rennebaum, Simmons & White _ SE:. ~:;, 2G:)(1 .. ....... . -: J .\ ,~;~ ; I} . ) _.# r\li' K.:~~AY & ,\ c::,"r' AT:.:: ,""I,-".'Vv. ,- ......... ~Ci, 580 C' I:. i. .; i Kilday & Associates Landscape Architects/ PI a !"I n'ers 1551 Forum Place. S:.Iite 100A ' West Palm B6aen. Florida 33401 (531) e89-5522 . F8X (551) 589-2592 WII'/W kildayino,oom R n \:'," :;; ~I~ @-1G_-,,~l;.__.':, '. ' n 1 \ t!I:ft 2 5 2fri"; \ u. ',\J[J'" ,. .' ',' \ L T' 1,"_- September 25.2000 IvIr. ~f.ke Rumpf Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FI 33435 RE: TRC Meeting for Proposed Development at Southeast Corner of Congress Ave. and Golf Roads - Walgreen's and Medical Office Our file 900.4 Dear Mr. Rumpf: As agent for the petitioner, please accept this letter as a request to postpone the above - referenced item from the Sep~ember 26, 2000 City of BC)'ntcn Beach TRC m~(ing, A one-week postponement is requested to allow time for the pr.)_~ect team D review (he comments issued by City staff. Please have me item placed on the October 3,2000 TRe meeting agenda, Call me with a.TIY questions 0:: comments. Sincerely, 2d(~LJLl~ Collene W, Walter Kilday & Associates Cc: Mr. Jim Zengage, Southern Development Services Inc. Rob Rennebaum, Simmons & Wh:te :;:;: ~r:~ ',;:: "'r,;~,~.1r'.=7^~,1.... I,"I':';IY & 1~-::'(Y;!7~~- I ~PC'_' . ". ,. .,,1. ,,'. n M .,.a~., _',^ .,. ,v_ ,," " 'on. "e_ 561 659 2::\lO p, 2/2p.01 ~.,,, ? ! '1 M/a. ; L,~~StJ ~4= IPN- zr,z. $2 " ~ i i Ji ii1 ~ a . ~ :il ~ 'WI' m = ~." ..~ i >~-- ion ~CO ~!;l ~j S! P' rt1 rr1 ,,' :1 ~ ~~r- ~ ..... ~~ ~ r-::< ~ " ;S i en R f; .. . 'J n -.l .. From: Q.J n Travers -0: Lisa '3alll'; To: Lisa Galav Date 6118100 Time: 931:5C ll,M Page 1 of 2 Kilday & Associates Landscape Architects/Planners 1551 Forum Place Su te 100A West Palm Beach, Florida 33401 (551)689-5522 Fax (561)589-2592 FAX TRANSMITTAL Date: 9/ I 8/00 Company: City of Boynton Beach From: Chris Kerr Fax Number: (561) 689-2592 f.le#90Q,4 Company: Kilday & Associates Number of Pages : 2 Comments: Please postpone the site plan only. WinFBX PRO Cover Page From, Quir'l Travers To: Lisa Galav Dale, 9/13!00 Time 9: 31 :50 ll,M Page 2 0' 2 ME~MORANDUM ill[~ _~ ffi, 8" ,~'^ ffi ~ 1 Sr:p ", ,., 'J C .~ :.J1J ~<lF-G , . pllmii~P~ TO: Lucia Gala~', AICP F~I: Chris Kerr DT: Septembel' 18, 2000 RE: Golf Road & Congress Ave. Walgreens Owfle# 9C0 4 As the authorized agent for the property o""ner, please accept this request to postpone the item from the September 19th TRC meeting agenda, A one \.yeek postponement is requested to resolve several of the site plan issues. Please add the item to the September 26, 2000 TRC Agenda, Call me with any qUl;lstions. Department of Engineering and Public Works Po. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 wwwco,palm-beach,f),us . Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H, Newell. Vice Chairman Karen T. Marcus Carol A, Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper August 15, 2000 Mr, Michael W, Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach 100 East Boynton Beach Blvd" Boynton Beach, FL 34425-0310 RE: Golf/Congress Retail (a.k.a. Alhambra S~l!are North) TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr, Rumpf: The Palm Beach County Traffic Division has reviewed the traffic study (Received on August 14, 2000) for the revised development project with previous approval (dated October 25, 1999) entitled; Golf/ConQress Retail, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code, The project is summarized as follows: Location: Municipality: Previous Approval: Proposed Uses: New Daily Trips: Build-out Year: Congress Avenue, north of Golf Road. Boynton Beach 15,120 sf, of Retail, and 27,548 sf, of Medical Office. 14,413 sf. of Retail, and 22,000 sf. of Medical Office. 216 2001 Based on our review, the Traffic Division has determined that the revised project plan will generate fewer trips than the previously approved plan, and therefore meets the Traffic Performance Standards of Palm Beach County. As indicated in the previous letter, this approval is expressly contingent upon the design and construction of Golf Avenue access so that the access is located at the easternmost portion of the property (adequately distanced from the Congress Avenue intersection), and ...'ith provis:on of an eastbound left-turn lane onto the project access driveway, If you have any questions regarding this determination, please contact me at 684-4030, Sincerely, OFFICE OF THE C~U NGINEER /J?' rJ' . Masoud Atefi, MSC Sr. Engineer - Traffic ivision MAjrs cc: Simons & White Inc, File: General - TPS - Mun - Traffic Study Review F:\ TRAFFIC\ma\Admin\Approvals\000807, doc DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment August 1 a, 2000 Mr. Dan Weisberg, Senior Traffic Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, Florida 33416 Re: Traffic Study: Golf Road and Congress Avenue Retail Center Conditional Use Approval 00-004 DearM~ The enclosed traffic generation statement on the Golf Road and Congress Avenue Retail Center site, prepared by Simon & White, Inc., was received by Planning and Zoning recently for the above-referenced application. Please review the enclosed information for conformance with the County's Traffic Performance Standard Ordinance, and provide Michael Haag, Building Code Administrator, and I with your written response, If you have questions regarding this matter, please call me at (561) 742-6260. Sincerely, ;Aa~-A-- Michael W. Rumpf Director of Planning and Zoning MWR/bw J:\SHRDATA\Planning\SHARED\\I\IP\PROJECTS\Go~ Road and Congress Retail CenterlTRAFFIC MEMO doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259 SIMMONS It WHITE, INC. Engineers · Planners · Consultants (C fl U.JYiJ, fii I ,. 8. :<I?,! - ';)j '!L!jtRAFFICEQUIVALENCYSTATEMENT ,'.U: PLAN!D,i;~-,;;--,--J Golf Road and Congress Avenue Retail Center ~G'c; , City of Boynton Beac~ Florida August 7, 2000 Job No. 99-72 '~...-._- SITE DATA The subject parcel is located in the northeast quadrant of Congress Avenue and Golf Road and contains approximately 3.9 acres. The site was previously approved for a 15,120 S.F. retail facility and a 27,548 S.F. medical office with an anticipated build-out of 2001 (see attached report and approval letter). The revised plan of development consists of 14,413 S.F. of retail area and 22,000 S.F. of medical office. Site access is to remain unchanged via a right in/right out driveway connection to Congress A venue and a full access driveway connection to Golf Road. For additional information concerning site location and layout, please refer to the site plan prepared by Kilday and Associates, Inc. TRAFFIC GENERATION The Palm Beach County Unified Land Development Code Article 15, Section 15.9(I)(C)-Traffic Performance Standards, APPLICABILITY, Subsection 2(A) requires that for any application for a site specific development order on property on which there is a previous approval shall be subject to the Palm Beach County Traffic Performance Standards to the extent the traffic generation projected for the site specific development order exceeds the traffic generation of the previous approval. The previous approval traffic may be calculated as follows in accordance with the rates provided in Table 10.8-1 Fair Share Road Impact Fee Schedule: RETAIL (15.120 S.F.) Ln (T) T X Ln (T) T Pass-By<<>1O = 0.625 Ln (X) + 5.985 = Total Daily Trips = Area in 1000 Gross Square Feet = 0.625 Ln (15.120) + 5.985 = 2170 tpd = 45.1 - .0225 (x) = 45.1 - .0225 (15.120) = 44.76% = 2170 - 2170 (.4476) = 1199 tpd NetT 5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 . Fax (561) 478-3738 W\i~W. si mmonsandwhite ,com Certificate of Authorization Number 3452 ~ . TRAFFIC EQUIVALENCY, ,fEMENT Job No. 99-72 August 7, 2000 - Page Two TRAFFIC GENERA nON (CONTINUED) MEDICAL OFFICE (27.548 S.F.) 27,548 S.F. x 34.17 tpd 1000 S.F. Less 5% Passer,By NET TOTAL = 941 tpd = (47 tpd) 894 tpd 2093 tpd = = The revised plan of development consisting of 14,413 S.F. of retail area and 22,000 S.F. of medical office will generate 1877 tpd as follows: RETAIL (14.413 S.F.) Ln (T) T X Ln (T) T Passer-By% Net = 0.625 Ln (X) + 5.985 = Total Daily Trips = Area in 1000 Gross Square Feet = 0.625 Ln (14.413) + 5.985 = 2106 tpd = 45.1 - .0225 (X) = 45.1 - .0225 (14.413) = 44.78% = 2106 - 2106 (.4478) = 1163 tpd MEDICAL OFFICE (22.000 S.F.) 22,000 S.F. x 34.17 tpd 1000 S.F. = 752 tpd Less 5% Passer-By = (38 tod) NET = 714 tpd TOTAL = 1877 tpd The revised plan of development will therefore result in a net decrease of 216 tpd as follows: 2093 tpd - 1877 tpd = 216 tpd CONCLUSION The proposed facility results in a reduction in trips from the currently approve This project is therefore approvable with regard to traffic performance km: tes9972 Department of Engineering and Publlc Works P,O, Box 21229 West Palm Beach, FL 33416-1229 (561) 684.4000 www.co.palm-beach.fl.us . Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell, Vice Chairman Karen T, Marcus Carol A, Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman . ,",n Equal Opporcuniry. Affirmative ,",crion Employer' @ printed on recycled paper RECEIVED OCT 2 8 1999 October 25,1999 Mr. Michael Rumpf City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 SIMMONS & 'WHITE, INC. RE: Golf and Congress Retail (a.k.a. Alhambra Square North) Traffic Performance Standards Review Mr. Rumpf: The Pahn Beach County Traffic Division has reviewed the traffic study (dated July 30, 1999) for the project entitled Golf and ConlZl'ess Retail (a.k,a. Alhambra Sauare North) pursuant to the Traffic Performance Standards 'in Article 15 of the Palm. Beach County Land Development Code. The project is snmmarized as follows: Location: Municipality: Proposed Uses: Congress Avenue, north of GolI Road Boynton Beach 1) General Commercial Retail 2) Medical Office New Trips: 1,352 trips per day Buildout: 2001 This is a modifICation to a previously approved project. Currently (pending issuance of a development order) this project is vested for General OffICe (46.000 sO. (15,120 sf) (27,548 sf) There is one error in the traffic study. The distribution of project traffic utilized for Test One analysis is not consistent with the distribution of traffic presented in the driveway analysis. This does not change the results of the study. Based on our review the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm. Beach County. Provided, however, this is expressly contingent upon the design and construction of the Golf Avenue access so that the access is located at the easternmost portion of the property and an eastbound left turn lane is provided. In the event this does not occur, this approval shall be null and void. Please contact me uyou have any questions regarding this review. Sincerely, OFFICE OF THE COUNTY ENGINEER Al Fede . Senior Traffic Engineer cc: Robert Rennebaum, P.E, - Simmons and White, Inc. File: General- TPS - Mun - Traffic Study Review F:\TRAFFIC\apf\tps\99119app.wpd. TAZ 1!1:l Sl~- .ONS & WHITE, Ih,-_ Engineers · Planners · Consultants July 30, 1999 Job No. 99-72 TRAFFIC IMPACT STATEMENT Golf and Congress Retail City of Boynton Beach, Florida SITE DATA The subject parcel is located in the northeast quadrant of Congress Avenue and Golf Road and contains approximately 3.9 acres. The site is previously approved for a 46,000 S. F. professional office facility. Proposed site development consists of a 15,120 S.F. retail facility and a 27,548 S.F. medical office with an anticipated build-out of 2001. Site access is proposed via a right in/right out driveway connection to Congress Avenue and a full access driveway connection to Golf Road. For additional information concerning site location and layout, please refer to the site plan prepared by Kilday and Associates, Inc. PURPOSE OF STUDY This study will analyze the proposed development's impact on the surrounding thoroughfares wi thin the proj ect' s radius of development influence in accordance with the Palm Beach County Land Development Code Article 15, Traffic Performance Standards. The Traffic Performance Standards require that a proposed development meet two "tests" with regard to traffic. Test 1, or the Link/Bui1dout Test, requires that no site specific development order be issued which would, during the build-out period of the project, add project traffic at any point on any major thoroughfare link within the project's radius of development influence if the total traffic on that link would result in an average annual daily traffic or peak hour traffic volume that exceeds the adopted threshold level of service during the build-out period of the project. Test 2, or the Model Test, requires that no site specific development order be issued which would add project traffic to any link within the project's model radius of development influence if the total model traffic on that link would result in an average annual daily traffic volume, as determined by the model, that exceeds the adopted level of service. For the purposes of this analysis, the construction contemplated in the Modified 2010 Plan shall be used. This study will verify that the proposed development's traffic impact will meet the above Performance Standards. 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (561) 965-9144' Fax (561) 965-0926 Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Two TRAFFIC GENERATION The traffic to be generated by the proposed facility may be calculated in accordance with the rates provided in Table 10.8-1 Fair Share Road Impact Fee Schedule. RETAIL (15.120 S .F. ) Ln (T) 111 0.625 Ln (X) + 5.985 T = Total Daily Trips X ,. Area in 1000 Gross Square Feet Ln (T) '. .. 0.625 Ln (15.120) + 5.985 T - 2170 tpd Pass-By% .. 45.1 - .0225 (X) == 45.1 - .0225 (15.120) ,. 44.76% Net T .. 2170 - 2170 ( .4476) = 1199 tpd MEDICAL OFFICE (27.548 S.F.) 27,548 S.F. x 34.17 tnd 1000 S.F. .. TOTAL '"' 941 tpd (47 tnd) 894 tpd 2093 tpd Less 5% Passer-By = NET = Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Three TRAFFIC GENERATION (CONTINUED) As stated in the SITE DATA portion of this report, 46,000 S.F. of professional office has been previously approved for this site. The vested traffic associated with the previous approval may be calculated as follows: PROFESSIONAL OFFICE (46.000 S.F.) 0.756 Ln (X) + 3.765 Total Daily Trips Area in 1000 Gross Square Feet Ln (T) = T = X = Ln (T) = T = Less 5% Passer-By = NET =0 0.756 Ln (46.000) + 3.765 780 tpd (39 tod) 741 tpd Reducing the 2093 net trips per day by 741 tpd vested to the site by the previously approved professional office, the total increase in trips due to this development is 1352 tpd as follows: 2093 tpd 1352 tpd 741 tpd = RADIUS OF DEVELOPMENT INFLUENCE Based on Table 2A and 2B of the Palm Beach County Traffic Performance Standards, for a net trip generation of 1352 trips, the radius of development influence shall be two miles for Test 1 and one mile for Test 2. EXISTING TRAFFIC Existing average annual daily traffic volumes for the links within the radius of development influence were available from the Metropolitan Planning Organization of Palm Beach County 199B Annual Traffic Volume Map. Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Four EXISTING TRAFFIC (CONTINUED) Background traffic, consisting of historical growth allowances furnished by Palm Beach County, major project traffic, and anticipated development in the area was also considered. The following table calculates the 3-year historical growth rate for each of the applicable count stations within the project's radius of development influence: TABLE 1 HISTORICAL GROWTH RATE CALCULATION LINK A: CONGRESS AVE. 1995 1998 % 1. 2. 3 . North of Woolbright Road South of Woolbright Road South of 23rd Avenue 28,466 28,580 26,669 30,393 31,798 33,349 2.21% 3.62% 7.74% B: WOOLBRIGHT ROAD 1. 2. West of Congress Avenue East of Congress Avenue 16,608 27,364 19,576 34,743 5.63% 8.28% C: 23RD AVENUE 1. 2. West of Congress Avenue East of Congress Avenue 8228 10,227 9805 11,316 6.02% 3.43% The project is expected to be built-out in 2001 and background traffic was projected to that time. Please refer to Figure 1. The project distribution was based upon the existing and proposed geometry of the roadway network, a review of the existing and historical travel patterns, as well as a review of the proposed development and improvements in the area. The distributed traffic for the project at full build-out of the development was assigned to the links within the project's radius of development influence and can be seen in Figure 1. The 1998 average daily traffic volumes, the proposed proj ect traffic, background traffic, and the total traffic are also shown in Figure 1. Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Five EXISTING TRAFFIC (CONTINUED) Based on the projected total daily traffic volumes and threshold volumes for the links within the project's radius of development influence as shown in Figure 1, this project meets the applicable Average Daily Traffic Volume Link Performance Standards listed under "Test One" of the Palm Beach County Traffic Performance Standards on all links within the project's radius of development. PEAK HOUR TRAFFIC VOLUMES The external P.M. peak hour traffic volumes to be generated by the proposed and existing facility may be calculated as follows in accordance with the rates provided in the ITE Trip Generation Manual, 5th Edition: USE NET P.M. P.M. EXTERNAL P.H.F. PEAK HOUR DAILY TRIPS TRIPS PROPOSED FACILITY: RETAIL 1199 9.0% 108 MEDICAL FACILITY 894 11.94% 1.Q1 NET = 215 pht EXISTING FACILITY: PROFESSIONAL OFFICE 741 13.83% 102 pht TOTAL INCREASE: 113 pht The existing average peak hour traffic has been determined by factoring the 1998 average annual daily traffic by a ilK" factor of 9.3% and can be seen in Figure 2. The project's net external P.M. peak hour traffic volumes, the peak hour background traffic, and the total peak hour traffic volumes are also shown in Figure 2. Based on the Level of Service "D" Average Peak Hour Threshold Volumes' shown in Table 1A of the Palm Beach County Traffic Performance Standards and the total peak hour volumes shown in Figure 2, this project meets the applicable Peak Hour Traffic Volume Link Performance Standards listed under "Test One" of the Palm Beach County Traffic Performance Standards on all links within the project's radius of development influence. "-----"----~--------_.--- Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Six SITE RELATED IMPROVEMENTS The A.M. and P.M. peak hour turning movement volumes and directional distributions at the project entrances for the proposed development with no reduction for pass-by traffic may be calculated as follows: Based on the peak hour turning movement worksheet attached with this report and the Palm Beach County Engineering guidelines used in determining the need for turn lanes of 75 right turns and 30 left turns in the peak hour, a left turn lane, eastbound on Golf Road appears to be required; however, the existing geometry on Golf Road may not allow construction of said lane. Separate left and right turn lanes exiting the project at Golf Road appear required. A single lane exiting the project at Congress Avenue appears adequate. MODEL TEST Modified Table 5, Projected Network Deficiencies for the future network,' 'does not presently indicate that the applicable links within the project's model radius of development influence will be over capacity. Therefore, this project meets the Model Test. Traffic Impact Statement Job No. 99-72 July 30, 1999 - Page Seven CONCLUSION This proposed development is expected to generate a total of 1352 trips per day at project build-out in 2001. Based on an analysis of existing and project traffic characteristics and distribution, as well as the existing and future roadway network geometry and traffic volumes, this overall project meets the Link/Buildout Test and the Model Test as required by the Palm Beach County Traffic Performance Standards. jp tr9972 (41) L 9805 1880 297 11982 14300 LEGEND 19576 3496 108 23180 31100 ( 120) ~llIMIOO@OO~ ~ ~ 1lOO<Co ENGINEERS · PLANNERS · CONSULTANTS BOYNTON BEACH RD (68) (68) 30393 !- 2060 189 32642 47500 - ,....... N - OLD BOYNTON BEACH RD (14) (14) a 0::: w U - Z ,....... UJ N 0::- 3: :5 WOOLBRIGHT RD 19576 J 3496 . .108 23180 31 1 00 31798 I- 3580 379 35757 47500 GOLF RD ~ 33349 j 8358 379 42086 47500 FIGURE 1 1998 MDT HISTORICAL GROWTH PROJECT TRAFFIC TOTAL TRAFFIC . L.O.S. STANDARD LESS THAN 1 % ASSIGNMENT OVER ONE HALF MILE FROM SITE { 34743 9365 81 I 44189 47500 - 000 - >0 >-~ .....J- 3:~ (Il- (68) :I:"--' L I- ...I Vl c:( w- ex: "......, 11316 0:::- w r-- 1205 uoo a N <(- W ........ 297 w l..L.. Vl 12818 14300 GOLF & CONGRESS RETAIL 99-72 J.K.D. 8-2-99 4623 FOREST HILL BLVD., SUITE 112, WEST PALM BEACH, FLORIDA 33415 TELEPHONE (56') 965 -9144 --- ~--_.--~ --~- ~1lOOOO@~ ~ WOOM,1 lIOOC&o ENGINEERS · PLANNERS · CONSULTANTS l OLD BOYNTON BEACH RD GOLF & CONGRESS RETAIL 99-72 J.K.D. 8-2-99 4623 FOREST HILL BLVD" SUITE 112, WEST PALM BEACH, FLORIDA 33415 TELEPHONE (561) 965-9144 ~ . ~IIOOOO@OO~ ~ amg 1lOO~ ENGINEERS · PlANNERS · CONSULTANTS l 11 (47) mlr;- 1(39) SITE o (0) iJ ~ ~b7 o 21 (7) (0) (31) 19 7 (93) (36) ~" 8(12) ~ ~ ~ 7 (35) -... ~) ~ 46(66) t ~ 119101 ~t TURNING MOVEMENT WORKSHEET LEGEND 142 A.M. PK. HR. TURNING MOVEMENT (29) P.M. PK. HR. TURNING MOVEMENT 18451 AADT GOLF & CONGRESS RETAIL 99-72 J.K.D. 8-2-99 4623 FOREST HILL BLVD., SUITE 112, WEST PALM BEACH, FLORIDA 33415 TELEPHONE (561) 965-9144 ........., THIS INSTRUMENT PREPARED BY: MYRA GEROEL, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 j J\A.. -29-1988,02: 1910. 88- 208253 ORB 5756 PI 285 Con 160,000.00 Doc ~OO J~ B [)IJff(lE,CLERK - P8 COUO'Y, FL RETURN TO: MYRA GENDEL, ESQ. POST OFF:~ BOX 3888 WEST PALM BEACH, FL 33402 8723r WARRANTY D1':1I:D .. THIS INDENTURE, made this Jb day of ~ , 1988, between BARNETT BANIC OF PALM BEACH COUNTY, formerly known as FLORIDA COAST BANIC (f/k/a FLORIDA COAST BANlC OF PALM BEACH COUNTY and FIRST BANIC AND TRUST OF PALM BEACH COUNTY), a corporation existing under the laws of the St:ate of Florida, and having its principal place of business at 66~ North Flagler Drive, West Palm Boach, Florida 33401 of the County of Palm Beach, State of Florida, Grantor, and MILNOR CORPORATION, a Florida corporation, whose post office address is: 1467 Southwest 25th Place, Boynton Beach, Florida 33426, Grantee (which term includes the singular or plural, as the case may be): WITNESSETH. Th"t said Grantor, for and in consideration of the sum of TEN AND NOllOO DOLLARS ($10.00), and other good and valuable considerations to said Grantor in" hand paid by laid Grantee, the receipt whereof is hereby aCknowledged, has granted, bargained and sold to the said Grant.., and Grant..'s h.irs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: A parcel of land in Sectio.' 32, Township 45 South, Range 43 East, City of Boynton Beach, Florida, Palm Beach C~unty, more particularly d.a~rib.d aa follows: The East 460 feet of the Wect 510 feet of the North 380 feet of the South 420 feet of the Northwest 1/4 of Section 32, Township 45 South, Range 43 East, City of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. Property Control No. 08-43-45-32-00-000-3022 SUBJECT, HOWEVER, TO- easements of record: subseque~t years; rtestrictions, reservations, and ar.d property taT-es for 1988 and and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of ap, persons whomsoever. 4 IN WITNESS WHEREOF, Grantor has hereunto set GrantollJ s: ..J:l__':1d and seal the day and year first above written. S~ned, sealed and dolivered BARN BEACH in Oln, eresence:, \ \ ~, COunTY. ~L' 'k ~ I \ - ~_Li{ tl L~y: _, 0 Its nIC(' 1(' ~resident (2) ~ '~? ATTEST:/h+~ ~?~d. AS TO BOTH (/ itt ~ c.'"1@~r6tary (BANK SEAL) sn.TK -or noRItlA cotnrn 'en" l'ALM B}!:ACH ) ) ) befo'!:. _ this ~ . a. J9<'f.or Vi.ca =. a..~a1:. . Florida b~~~i~' Tbe foreguin9 in.trument .a. .ckDowled~~ day of June, 1988 , b1 b'IWlu4 E. Week8 pr..ident of and _=- Marjoru ~lly secretary ot BAR--sTT BABl( or pAUl BEACH 0JU1IT'f. corporation, on behalf of '-~. Bank. WI~SS my hand and official s.al in the county and state b3t aforelSatd this ~ day ~"'- ./I.-A .1~rrl u/ ildTARY pUB'L~ (NOTARY SEAL) My commi..ion Expire.: ,:~-:~ .~.~.... .' .. ~. ,~l' "",' .., ,).., liJ7i:H By -2- - tEOQRD yVIlflW flWil ~ (;ouIotN. M ,04f1l 8, i:luNIUL CLEll" C,RCUIT COOllT 8723r ~, --------------------~-- ---- -----'-~ . ---,------ Kilday &- Associates Landscape Architects/ Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 www.kildayinc.com JUSTIFICATION STATEMENT FOR CONDITIONAL USE / SITE PLAN APPROV AL Golf Rd. and Congress A ve. Retail Center This application, prepared by Kilday & Associates on behalf of the Southern Development Services, petitioner, is for Conditional Use and Site Plan approval to allow a drugstore with a drive thru and medical/professional office building on a 3.92 acre property located at the northeast corner of Golf Road and Congress Ave. The property will be developed as two parcels. Parcel 'A' is 2.08 acres, includes drugstore building and is generally located on the western portion of the site. Parcel 'B' is 1.82 acres, includes the office building and is located on the eastern portion of the site. The entire 3.92 acre site is currently zoned C-l with a land use designation of Office Commercial (OC). The office building is a permitted use in the C-l zoning district. A separate application is being submitted to amend the land use and zoning on the western portion of the property (Parcel A) to Local Commercial Retail (LCR) land use and C-3 zoning. The proposed drugstore requires Conditional Use approval in the C-3 district. There will be no change to the land use and zoning of Parcel 'B'. The uses proposed on the site plan consist of a 14,413 SF drug store and a 22,000 medical office. The uses require a total of 182 parking spaces. The site plan includes 183 spaces. An agreement will be recorded prior to final site plan approval stipulating that the parcels share drainage, access, and landscaping maintenance requirements. They will not need to share parking. Adequate parking has been provided for the uses proposed on each parcel. The site is to be developed a in two phases. Phase 1 includes the development of all of Parcel 'A', installation of the landscaping and access along Golf Road, and installation of the landscaping and the retention area on the northern property line. Phase II will be the development of the remainder of the site. SURROUNDING PROPERTIES: SOUTH EAST WEST Zoning Land Use PU PPGI '----.'R:IIT-.'.---'.'.M015R:"" R-3 HDR R-3 HDR PUD LDR Description Fire Station "-'--""--IeIsurevIile'" H." "''''-" Golf Rd.l ACLF Leisureville Congress A ve.lQuail Lake NORTH Conditional Use/Site Plan justification August 8, 2000 Adjacent to the eastern border of the site and along a portion of the northern boundary is the residential community of Leisureville, a seniors-only community. An eight (8) to ten (10) foot ficus hedge currently exists along the Leisureville property line. Also abutting the northern property line is a Boynton Beach City fire station. To the south of the subject property is Golf Road, SW 23rd Ave., with a 80' right-of-way. On the south side of Golf Road is the Homewood ACLF. To the west of the subject site is Congress Ave, with a 120 foot right-of-way. West of Congress is the Quail Lake Planned Unit Development (PUD). The site will be accessible form both Congress Ave. and Golf Rd. The Congress Ave. driveway will be right in and right out only. The Golf Rd. driveway will allow left turns in and out. We have worked to mitigate the additional traffic created by the uses by adding features such as, wide entrance lanes, providing additional pavement markings and traffic signs, and increasing the parking landscaping to slow traffic. As evidenced by the traffic study included with this application, the proposal will meet the Traffic Performance Standards of Palm Beach County. The elderly patronize drugstores in higher numbers than other customers because of their increased need for over the counter and prescription medicines. This fact, combined with the subject property's proximity to the approved ACLF and the Leisureville community make this an ideal location for a drugstore. The drugstore pick up window will be of particular benefit for many elderly customers that prefer to remain in their car to purchase their prescriptions. This can be of particular benefit for those patrons whose mobility has deteriorated, The drive thru creates a faster, safer and more convenient way for the consumer. Of course, pedestrian access has been provided as well form both sidewalks. Standards for evaluating Conditional Uses This request is in conformance with the standards for evaluation of Conditional Uses stipulated in Chapter 2, Section 11.2 Item B. of the City Code, as indicated below: 1. Ingress and egress to the property have been designed in accordance with all applicable City and County roadway standards. Pedestrian accessibility has been provided along both frontages to the property. Additional provisions, as described above, have been added to the parking areas to maximize automobile safety. Also, we have increased the width of 32 parking spaces to 9.5', The Code currently requires just a 9' width, but the developer has increased the width of the most accessible spaces in front of the drugstore based on comments from the staff and the City's Planning Board requesting wider spaces. The site plan provides handicap parking accessibility in excess of the requirements of the City Code. 2. The parking and loading areas proposed for the site will meet all applicable standards. This request will be of greatest economic value to the adjacent residents that it will serve, The City as a whole will benefit from the additional revenue incurred from with the development of a parcel that has Conditional Use/Site Plan justification August 8, 2000 remained vacant for over 15 years. Additionally, the site will be restricted in its hours of operation and lighting techniques by the settlement agreement. 3. The refuse and service areas have been located in away from the public rights- of-way and are screened from the adjacent residential properties. 4. In order to accommodate the utility needs, an additional ten (10') foot utility easement has been proposed along the both frontages of the site. Approval of this application will not in any way effect the City's availability to adequately provide utility service to this site. 5. The proposed site plan provides landscaping in excess of the requirements of the current City Code. In addition, our landscaping plans have been designed to meet the more stringent, newly drafted landscaping regulations. Specifically, this plan will meet the following newly proposed landscaping requirements: . The landscaping width adjacent to rights-ol-way ware in excess of seven feet. . The areas on site that require the most intense screening of views are located behind, or in-between the buildings. . The minimum tree plantings proposed will meet the newly recommended landscaping requirements, . The landscape screen between vehicle use areas and adjacent rights-ol-ways include tree spacing at the recommended 30 feet on center with colorful groundcover. . The project entrances include a City-recognized signature tree (yellow trumpet treelTabebuia caraiba). . Foundation landscaping has been provided as recommended along the front and side elevations of both buildings. . As recommended, tree plantings for the parking area have been provided at 1 per 10 parking spaces. To provide additional buffering, the drive thru for the drugstore has been located between the two buildings, 6. The signs proposed are much smaller than those permitted by Code. The Code permits pole signs up to 20' in height. This proposal includes only monument signs, The signs will be architecturally compatible with each other. Per the settlement agreement, the exterior lighting is shaded away from adjacent residential properties. 7. The setbacks for this proposal meet or exceed those required by Code. 8. As a commercially designated property, this proposal attains compatibility with the adjacent properties by providing a community based, low intensity commercial use that minimizes any adverse impacts through its design. The design and site limitations included in the settlement agreement help to ensure compatibility as well. 9. The height of the structures on the site is limited by the settlement agreement to two stories. This proposal is for a one and a two story building, which is compatible to the adjacent single family and Adult Congregate Living Facility. Conditional Use/Site Plan justification August 8, 2000 10. The economic effects on the adjacent and nearby property owners will be to reduce their costs for pharmaceutical products as well as a reduction in time and transportation costs. 11. The site plan submitted complies with all standards set forth in Chapter 19, Art. II of the City Code. 12. The proposal complies with all performance standards of Section 4 of the zoning regulations and will conform to the City Noise Control Ordinance. Conditional Use/Site Plan justification August 8, 2000 "I""~-~' , , THIS IRSTROKERT PREPARED MYRA GENDEL, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 J BY: JLt-29-198lF02: 1910. 88-208253 ORB 5756 PI 285 Can 160,000.00 Doc 8&0.00 J~ B OUffO..E, CLERK - P8 COIMTY, FL RETURN TO: MYRA GENDEL, ESQ. POST OFF:C3, BOX 3888 WEST PALM BEACH, FL 33402 8723r WA.RRANTY DP:I!:D II. THIS INDENTURE, made this jb day of ~ , 1988, between BARNETT BANlt OF PALM BEACH COUNTY, formerly known as FLORIDA COAST BANlt (f/k/a FLORIDA COAST BANlt OF PALM BEACH COUNTY and FIRST BANlt AND TRUST OF PALM BEACH COUNTY), a corporation existing under the laws of the St:ate of Florida, and having its principal place of business at 6~~ North Flagler Drive, west Palm Boach, Florida 33401 of the County of Palm Beach, State of Florida, Grantor, and MILNOR CORPORATION, a Florida corporation, whose post office address is: 1467 Southwest 25th Place, Boynton Beach, Florida 33426, Grantee (which term includes the singular or plural, as the case may be): WITNESSETH. Th'lt lIIIid Grantor, for and in consideration of the sum of TEN AND NOIIOO DOLLARS (SID. 00), and other good and valuable considerations to said Grantor in,; hand paid by said Grantee, the receipt whereof is hereby acknowledged, has ;ranted, bargained and so Id to the said Grantee, and Grantee.. hei rs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: A parcel of land in Sectio., 32, TownShip 45 South, Range 43 East, City of Boynton Beach" Florida, Palm Beech C~unty, more particularly de.~ribed a. follow.: The East 460 feet of the Wert 510 feet of the North 380 feet of the South 420 feet of the Northwest 1/4 of Section 32, Township 45 South, Range 43 East, City of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. Property Control No. 08-43-45~32-00-000-3022 SUBJECT, HOWEVER. roo Restrictions, reservations, and easements of record: ar,d property taT-es for 1988 and subseque~t years; and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful c.laims of ap" p~sons whomsoever. :' < " ~ IN WITNESS WHEREOF, Grantor has hereunto set GrantonJ s, ,J:1C\~d ,,- and seal the day and year first above written. " ' S!2ned, sealed and do1ivered in 0lK Dresence: ~ '\' BARN OF PALM BEACH COUN11/: q/~y: f . o . Its nICe IC' President ATTEST://.. ~ k'~Pd. it4- ~ Cfc...ft>~utary (BANK SEAL) STAn -eft !'1DRIDA .comrrr .cw .PALM PACH ) ) ) before _ thi.'--- , al Jsmur Vid ==, at ~~ft. QuuITt, . Florida b~n.iD9 Tbe fore;olnQ in.tr~Dt wa. ackDowled~~ dar of ~une, 1988, b1 ~ncl E. Week- pre.l-dent of and _ Mar:\or" ~lly secretary ot u.Rat-s-rT BAlU-OF pAUl PACH corporation, on behalf of '~he .ank. WI~SS my hand and official 8.a1 1n the county and State b3t aforelSaid thh ~ day ~ne ""'l;::A .1~trrl u /'" JfIJPUBL~ (NOTARY SEAL) My commission Expire.: .. -.:-'~~ :'~<>~"'... :.-'. i .~.. \ .. , ~. ,~l. ,,' <_ ' .,. (_:;,. I iJ7i~' !Ilo....+,,""'''\\\ ~_.".'" '\ "E CIII \1'111, -=-^ft .,...... CUt,,'" !~ ........tll.. \. .....~ Ct'",- ; ~:" ~ \0 \ ~ ~: ':~ ~ STATE OF FLORIDA ~ PALM BEACH COUNTY \ . ". : -;: ~ I hereby certify that the ' \ ~ ". ' .:Ii: ; foregoing is a true copy \t~....,. .....~,I of the record in my office. " b~ ...... ....... - :t:..L ~ aC "'It c;'" CH CO\\"'" 01/:'.:' T" ..', '- 1'1\\\""",,,..."""'" THIS DAY OF CA, t ,20_ ' ROTHY H, K K OF CIRCUIT . T I By , ... {...--' -2- 8723r - IE('.OAO vP"IW ftWIl ~ C(lIJMl't. M. ~"8. ~I.E CLERK CIRCUIT COUtO ----------.- ----~ - .- --' _.~.._------'--_. --~ -. -----------.'. --- WOOLBRIGHT ROAD ~ ... to...: ~ lI) L..J e:: "'" ~ d lI) ~ ~ ~ ~ ~ 3t <::l ~ L..J t\i Vi :it ::. S. W, 22ND A VENUE Vi "'( S.W. 22ND WA Y ~ lI) S.W, 2JRD AVE (GOLF ROAD) ij: lI) S.W. 24TH AVE Q L..J ~ Cl:: (.) S.W, 25TH AVE t\i ~ :it (:) Vi u LOCA T/ON MAP NOT TO SCALE - ." DESCRlP nON: A PARCEL OF LAND IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, FLORIDA, PALM BEACH COUNTY, MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: THE EAST 460 FEET OF THE WEST 510 FEET OF THE NORTH 380 FEET 'OF THE SOUTH 420 FEET OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CI;Y OF BOYNTON BEACH, COUNTY OF PALM BEACH, FLORIDA, LESS AND EXCEPT LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5402, PAGE 670 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. ;x, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MILNOR CORPORATION, a Florida corporation; NOR.V1AN J. MICHAEL and ELISHKA E. MICHAEL, his wife, CASE NO.: CL 89-6178 AN CIVIL DIVISION Plaintiff, vs. THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. I JOINT MOTION AND AGREED ORDER The Plaintiffs, MILNOR CORPORATION, a Florida corporation ("Milnor"), NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife ("Michael") and THE CITY OF BOYNTON BEACH FLORIDA, a Florida Municipal corporation ("Boynton Beach") by and through their undersigned attorneys, hereby jointly request consent from this Court to proceed with zoning approvals and as grounds therefore state: 1. Milnor, Michael and Boynton Beach entered into a certain Stipulation and Settlement Agreement ("Agreement") last dated October 31, 1989. 2. The Agreement was approved by the Court by Order on October 2, 1990, 3. The Court retained subject matter jurisdiction of this action. 4. The Agreement and Court Order specify a land use designation and zoning classification for the property and impose certain use limitation and other development conditions on a 4.01 acre parcel of real property situated at the northeast intersection of Congress Avenue and Gulf Road (Southwest 23rd Avenue). 5. Milnor and Michael desire to request from the City of Boynton Beach certain modification to the use limitations and other development conditions on the 4.01 acre parcel. To that end, Milnor and Michael have made a request to the City Commission of the city of Boynton Beach for reconsideration of the land use, zoning, and use limitations on the property. CASE NO.:CL 89-6178 AN 6. The City Commission has expressed a willingness to allow Milnor and Michael to submit their request for amendment through the City's Planning & Development Board, which acts as an advisory Board to the City Commission on such matters, provided that the submission of the request for amendment is not construed as either a violation of the Court Order referenced herein nor a waiver on the part of the City to insist upon continuing enforcement of the Court Order. 7. The parties, by this Stipulation, request only that the City be given leave from the Court Order to accept the request for amendment, conduct administrative review thereof, and allow the City's Planning & Development Board to review the request in a public setting. By: LAW OFFICE OF ROBERT A. EISEN Attorney for Plaintiff(s) 299 Camino Gardens Boulevard Suite 204 Boca Raton, Florida 33432 (561) 362-5200 Florida Bar No.180136 \)1 ~/.l ~~l~\'-------- DATED: By: DATED:~ -LC)c' 0 AGREED ORDER The Court having considered the Joint Motion of the parties set forth above and being otherwise duly advised in the premises, it is hereby Ordered and Adjudged that: 1. The City of Boynton Beach is granted leave to accept Plaintiffs application for amendment to the land use, zoning and use restrictions imposed by this Court's Order of October 2, 1990. 2. If, upon completion of review of Plaintiffs application for amendment, the Plaintiff has obtained a favorable recommendation from the Planning & Development Board, the parties may jointly petition the Court for modifications to the Agreement. 3. This Joint Motion and Agreed Order does not obligate the City of Boynton Beach 2 CASE NO.:CL 89-6178 AN to enact land use amendments, zoning changes, or use amendments inconsistent With those set forth in this Court's October 20, 1990 Order. The sole purpose and intent of this Joint Motion and Agreed Order is to allow the City of Boynton Beach to more fully consider the amendments being requested by the Plaintiffs. DONE and ORDERED at West Palm Beach, Palm Beach County, Florida this day of August, 2000. SIGNED AND DATED AUG 0 8 2000 Circuit Court Judge Stephen A. Rapp Circuit Judge Copies to: Robert A. Eisen, Esq" Eisen & Willits, 299 Camino Gardens Blvd., Ste. 204, Boca Raton, FL 33432 James Cherof, Esq., Josias, Goren, etc., 3099 E. Commercial Blvd., Ste. 200, Ft. Lauderdale, FL 33308 raclJb'I2397 3 Southern Development Services REAL ESTATE DEVELOPMENT. LICENSED REAL ESTATE BROKER CONSENT I, hereby give consent to Kilday & Associates, Inc. to act on my behalf, to submit this application and all required materials and documents, and to attend and represent me at all meetings and public hearings pertaining to the property described in the attached Exhibit "A" as it relates to this approval. Furthermore, I hereby give consent to Kilday & Associates, Inc. to agree to all terms or conditions that may arise as part of the approval of this application, I hereby certify that I have full knowledge that the property I have an ownership interest in as the contract purchaser is the subject of this application. I further certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge, Owner/Contract Purchaser information: I am ( ) owner (x) contract purchaser. Southern Development Services, Inc. gage~<Y)L STATE OF FLORIDA COUNTY OF PALM BEACH th O The foregoing instrument was acknowledged before me this ~ day of U qu s t- , 2000, by JIM ZENGAGE, as President of SOUTHERN DEVELOPMENT SERVICES, INC., a Florida corporation, on its behalf. LINDA IRVIN MY COMMISSION' CC !jI\!l28l> EXPIRES: September 1, ,<?J1)-! I! Bonded Thn.I NoIIry PubIk: UnJ.,rNT.t8iS i Name of Notary Public (Typed, Printed or Stamped) Personally Known ~ or Produced Identification Type of Identification Produced: oonsent-c&g 75 N.E, 6TH AVENUE. SUITE 214. DELRAY BEACH, FLORIDA 33483. (561) 278-3100' FAX (561) 278-3199 5-1 0-212100 2; 1 '3F~) n~or.1 t::E I TH C AUST I ~J JR PA 4076558501 P,3 Cityof~~ '~o.velopmea~-",d __ LI - H . lkJ .11 II I , - L v. QJ:RTlFlyATlON (I) (Wtt) unClel'$tand that this application and all plans and papers submitted herewith become a part Df 1he permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submfttect herewith are true to the best of (my) (our) knowledge and belief. This app~eation win not be accepted unless signed according tc tn. instruetions below. Milnor Q:)rp. ~"""-':~--..~ ". ~ Signature of Owner's) . or Authortzed PrincipII erty is Owned bY a corporation or other bUiineu entity, ~/~ Date VI. ~~:' S1gnll\l", aI hori<ed lIgenl ChT'i. hPr' (Uld4J' , Auoc:ia~s) sfcl~ Date (I) (We) henlby creaigl'18te the above signed person as (my) (our) authorized ag.ntwitt1regard_tOth~ap~,~, ~J- / ~ ~- (~~OV Sig ure eel r Jim Zengage, Px'e5ident. Date Alrt or1z p pe Is 0 d by a oorpol'iltion or other busm_" entity. Page 1 TOTAL P.~2 ~ SIMMONS & WHITE, INC. Engineers · Planners · Consultants July 30, 1999 Job No. 99-72 Revised 8/7/00 DRAINAGE STATEMENT Golf Road and Congress Avenue Retail Center City of Boynton Beach, Florida SITE DATA The subject parcel is located in the northeast quadrant of Congress Avenue and Golf Road and contains approximately 3.9 acres. The site is previously approved for a 46,000 S.F. professional office facility. Proposed site development consists of a 14,413 S.F. retail facility and a 22,000 S.F. medical office with an anticipated build-out of200 1. Site access is proposed via a right in/right out driveway connection t~ Congress Avenue and a full access driveway connection to Golf Road. For additional information concerning site location and layout, please refer to the site plan prepared by Kilday and Associates, Inc. SITE DRAINAGE This site is located within the boundaries of the Lake Worth Drainage District and the South Florida Water Management District C-15 Drainage Basin. It is proposed that runoffbe directed to on-site dry retention and/or exfiltration trench by means of paved or grass swales and/or inlets and storm sewer. Legal positive outfall is available to the site by discharge into the Golf Road right of way via connection to an existing inlet located on the north side of Golf Road. Drainage design will address the following: 1. On-site retention of the runoff from the 3 year, 1 hour rainfall event. 2. No runoff to leave the site except through an approved control structure up to the level produced by the 25 year, 3 day rainfall event. 3. Building floor elevations to be at or above the level produced by the 100 year, 3 day rainfall event. 4. Parking lots to be protected from flooding during a 3 year, 24 hour event or the 5 year, 24 hour event if exfiltration trench is used. 5. Allowable discharge to be in accordance with Lake Worth Drainage District Basin criteria. 6. Due consideration to water quality. 5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 . Fax (561) 478-3738 w'II>lw.simmonsandwhite,com Certificate of Authorization Number 3452 DRAINAGE STATEMENT Job No. 99-72 August 7, 2000 - Page Two SITE DRAINAGE (CONTINUED) 1. City of Boynton Beach Drainage approval. 2. Lake Worth Drainage District Permit. 3. South Florida Water Management District Permit. 4. Palm Beach County Engineering Permit Section Drainage Connection Permit. kIn: dr9972 DESCRlP nON: A PARCEL OF LAND IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, FLORIDA, PALM BEACH COUNTY, MORE PARTICULARL Y DESCRIBED AS FOLLOWS: THE EAST 460 FEET OF THE WEST 510 FEET OF THE NORTH 380 FEET 'OF THE SOUTH 420 FEET OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH, FLORIDA, LESS AND EXCEPT LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5402, PAGE 670 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. ----------- .... t:j e: III a: ~ ~ vi WOOLBRIGHT ROAD I.i.J ~ ~ I.i.J ::.. "C .....: III I.i.J ~ d ~ ~ ~ ~ vi s. W, 22ND A VENUE S.W, 22ND WA Y ~ S ~ ~ ~ vi III S,W. 2JRD AVE (GOLF ROAD) III S.W. 24 TH AVE I.i.J Q:: ~ ~ C (,) S.W, 25TH AVE LOCA TION MAP NOT TO SCALE ~ ,'. ~(Q)[P)V IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: CL 89-6178-AN MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife, Plaintiff, ~ vs. THE CITY' OF BOY:lTON BEACH, a Florida Municipal corpor.ation, ~ Defendant. / ~- ~r'IPULATION AND SETTLEMENT AGREEMENT MIUWR CORPORATION, a Florida corporation ("MILNOR"), NORMAN c J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"): and the CITY OF BOYNTON BEACH, a Florida M~nicipal Corporation ("BOYNTON: BEACH"), by and through their undersigned attorneys hereby stipulate and agree as follows: 1. MILNOR owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), which real property is more particularly described in the Exhibit "A" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra Square North." , 2. MICHAEL owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and D.eing a.......... site of approximately 9.45 acres situated at the southeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue). This real property shall be referred to as two parcels, the first parcel being an approximate 4.45 acre parcel situated closest to the intersection of Congress Avenue and Golf Road (Southwest 2Jrd Avenue), and more particularly described in the 1 - 1 Exhibit "B" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra square South." The second parcel, being immediately adjacent to and east of Alhambra Square North and consisting of approximately 5.0 acres, and more particularly described in the Exhibit "C" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as the "Alhambra Square ACLF." 3. The Alhambra Square North, Alhambra Square South, and the Alhambra Square ACLF parcels of real property shall hereinafter be sometimes collectively referred to as the "Alhambra Parcels." 4. The Alhambra Parcels are presently subject to the following Comprehensive Plan and Zoning designations by BOYNTON ~ ~ BEACH: .. Future Land Parcels Use Element. Zonina Alhambra Square North Moderate density R-1AA(PUD) residential Alhambra Square South Low density R-1AA (single residential family residential) Alhambra Square ACLF Low density R-1AA (single residential family residential) 5. On or about September JO, 1988, MILNOR for the Alhambra North and MICHAEL for the Alhambra South and Alhambra ACLF parcels submitted applications (the "Applications") to BOYNTON BEACH for amendments to the future land use element of the Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Future Land Intended Parcels Element Reauest Rezonina Reouest !,lg Alhambra Square Office Commercial C-l (Office Office/ North Professional) Medical Alhambra Square Office Commercial C-l (Office Office/ South Professional) Medical/ Banking Alhambra Square Multi-family R-J (Multi- Adult ACLF residential family) Congregate Living Facility 2 , 6. The Appl ica tions were considered by the Planning and zoning Board of BOYNTON BEACH at a duly const'ituted and duly noticed public hearing on December 15, 1988, at which time the Planning and Zoning Board recommended denial of the Applications to the City Commission. 7. On January 4, 1989, at a duly constituted and a duly noticed Special Meeting of the City Commission of BOYNTON BEACH, the City commission of BOYNTON BEACH heard and considered the ~ Applications and by motion declined to submit the Applications for review by the state of Florida Department of Community Affairs and the Treasure Coast Regional Planning Agency. ,:. 8. On or about June 20, 1989, MILNOR and MICf~EL filed the instant action seeking to invalidate the current comprehensive ~ Plan designations and zoning classifications of the Alhambra Parcels, seeking to require BOYNTON BEACH to grant the Applications and seeking damages. 9. On September 14, 1989, Robert A. Eisen, Esquire, r ,- attorney for MILNOR and MICHAEL,' delivered to Raymond Rea,' Esquire" City Attorney for BOYNTON BEACH, a letter offering a settlement of the instant action wherein BOYNTON BEACH would grant the Comprehensive Plan designations and zoning classifications requested in the Applications and MICHAEL and MILNOR would release BOYNTON BEACH from any and all claims for damage. At its regular meeting of September 19, 1989, the City Commission considered the request for settlement, and by a vote, three votes in favor, two opposed, directed the City Attorney, Raymond Rea, to negotiate the terms o~ a stipulation and Settlement Agreement with the representatives of MILNOR and .......... MICHAEL and presc'nt that stipulation and Settlement Agreement for approva 1 by the City Commiss ion at its meeting of October 3, 1989. The City Attorney was further directed to give public notice of the consideration of the stipulation and Settlement Agreement and ttlat the consideration of the stipulation and Settlement Agrcenent should be a public hearing so that input from the public could be taken and considered by the City 3 - , commission. On October 3, 1989, the City Commission heard and considered public input and postponed consideration of this stipulation and Settlement Agreement until its regular meeting of October 17, 1989. since that time, MILNOR and MICHAEL have modified their requested land use changes to those set forth in paragraph 11, below. 10. On October 17, 1989, at its regular city Commission meeting, the city Commission of BOYNTON BEACH considered the terms and conditions of this Stipulation and Setttement Agreement, the further input from MILNOR and MICHAEL, the further public input, and by a motion duly made, the City Commission, by a vote of four in favor, none opposed (Council-person Arline Weiner absent), approved the terms and conditions of this Stipulation and Settlement Agreement and authorized and directed the City Attorney to execute this Stipulation and Settlement Agreement. 11. The Future Land Use Element "and Zoning of the Alhambra Parcels shall be: Parcel Alhambra Square North Future Land Use Element Office Commercial Zonina Alha~~ra Square South and Alhambra Square ACLF Mul ti-Famlly Residential C-1 (Office Professional) R-3 (Multi-Family) ACLF with no less than 248 units In connection with the development of the ~lhambra Parcels, and as an inducement to BOYNTON BEACH to enter into this Stipulation and Settlement Agreement, MILNOR and MICHAEL agree to the following developmental limitations, , which developmental limitations shall apply regardless of ownerShip of the Alhambra Parcels: a. ^~hambra Sauare North: (1) Building Height not to exceed two stories; (2) All dumpsters to be located away from adjacent resid~ntial areas; (J) Construction of the six-foot zoning boundary wall shall be coordinated with the governing association of the 4 . ~ r i , I I adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine dire~tly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P.M.; b. Alhambra Sauare South and Alhambra Sauare ACLF: ~ (1) Building Height not to exceed two stories; (2) Roof pitch not to be steeper than 4/12; (3) All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Squ~re ACLF Parcels; (4) Parking lot lighting shall be shaded and shielded so as not to shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 P.M.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH; (5) Use of the property shall be limited to an Adult Congregate Living Facility; (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of' the adjacent residential property. , Approval of the Wall shall not be unreasonably withheld by the governing associations. The Wall shall be constructed at no cos~ or expense to the governing associations; (7) At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations: (8) No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth 5 - Drainage District right-of-way south of the hlhambra Square South and Alhambra Square ACLF Parcels: and (9) Deceleration entry' lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "Declaration"), which shall provide that they cannot be modified without the consent of BOYNTON BEhCH, and the Declaration shall be recorded ~ among the public records of Palm Beach County, Florida,: shall run wi th the land, and shall be binding upon the successors and assigns of MILN()R and MICHAEL. The Declaration shall be prepared and distributed to the governing associations by November 1, 1989. A recordable Declaration signed by MILNOR and MICHAEL shall be deliver.ed to the City Attorney prior to the first public hearing on the rezoning and Comprehensive Plan amendments 4 ~ described in paragraphs 12 and 13, below. The Declaration shall be recorded by the City Attorney where all actions necessary to effectuate this stipulation and Settlement Agreement have been duly enacted by BOYNTON BEACH. The Declaration is for the benefit of the following governing associations of the adjacent residential areas: (a) Boynton Leisureville Community Association, Inc. as to the Alhambra North Parcel; and (b) Golfview Harbour and Golfview Harbour Estates as to the Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its , comprehensive Plan by December 31, 1989, to permit use and development of the Alhambra Square Parcels as set forth in paragraph 11, above, subject only to the limitations set forth in this Settlement and Stipulation Agreement and other usual and customary site related conditions of development. 13. BOYNTON BEACH agrees, within thirty days of the date of this stipulation, to rezone the Alhambra Square Parcels to permit the development set forth in paragraph 11, above, subject only to completion of all procedural requirements under Florida statutes, 6 Sec. 163,3184, the limitations set forth in this Stipulation and Settlement Agreement, and other usual and customary site related conditions of development of general application in BOYNTON BEACH. 14. To thp. extent that ordinances or resolutions are required to implement any of the terms of this Stipulation and Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt any a~d all such ordinances and resolutions necessary to implement the terms of this Stipulation and Settlement Agree~ent. 15. simultaneous with the execution of this Settlement stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a full and complete release on behalf of itself, its officers, directors, shareholders, employees, agents, and representatives ~ as to any and all actions, suits, damages, claims, which it_ or they may have against BOYNTON BEACH or any of its officials, employees, consultants, agents, elected officials, or appointed officials in connection with or related to any action or inaction regarding the Applications and the Alhambra Parcels. The general ~ releases shall be held in escrow by City Attorney, Raymond Rea, until all actions necessary to effectuate this Stipulation and Settlement Agre~ment have been duly enacted and then shall be delivered to BOYNTON BEACH. 16. MILNOR and MICHAEL shall further agree to defend BOYNTON BEACH at MILNOR and MICHAEL's expense, any suit or administrative action pursuant to Chapter 163, Florida statutes, initiated by third parties arising out of any actions taken by BOYNTON BEACH under the terms of this Agreement. 17. MILNOR and MICHAEL agree that BOYNTON BEACH's " obligations under this stipulation and Settlement Agreement shall at all times be subject to Department of Community Affairs' approval. MILNOR and MICHAEL further acknowledge that BOYNTON BEACH shall not be responsible for any other Governmental Agency's action related to the development of the Alhambra Square Parcels. 7 , ~ f - I 18. The parties shall forthwith inform the Court that a settlement has been reached and all proceedings in the suit shall be abated until the terms of this stipulation and Settlement Agreement are fully and completely effectuated. At such time, the parties shall jointly seek an Order from the Court confirming and ratifying this stipulation and Settlement Agreement. The Court shall at all times have and retain jurisdiction over this cause and the parties to ensure that the terms and conditions herein are adhered to by the parties. RAYMOND ~A, ESQ, City Attorney for the CITY OF BOYNTON BEACH, a Florida municipal corp. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33481 (407) 738-7405 Florida Bar No. J48880 BY:~.~~ ~D REA, ESQ. , " DATED: ~ 3( 1 Iq1f}- pldg 06/pldg l/RN , "- ~ LAW OFFICES OF ROBERT A. EISEN Attorneys for Plaintiff(s) 4700 Northwest Boca Raton Blvd. Suite 103 Boca Raton, Florida 33431 (407) 994-2090 Florida Bar No. 180136 ~ BY: ~~\-r ROBERT A. EISEN, ESQUIRE DATED: &'c\-o~,-~"~J 7) )C-ltCbi 8 ,1 ,