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APPLICATION PROJECT NAME: Boyntor...'lagels LOCATION: 3377 N. Federal Highway PCN: 00/43/46/04-12-000-0080 I FILE NO.: ANEX 06-007 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Peters 3377 N. Federal Highway Bradley Miller LLC Miller Land Planning Consultants ADDRESS: 6023 Le Lac Road Boca Raton, ADDRESS: 420 W. Boynton Beach Blvd. FL 33496 Suite 201 Boynton Beach, FL 334235 FAX: FAX: 561-736-8079 PHONE: 561-988-96]9 - PHONE: 561-736-8838 E-Mail: SUB MITT AL / RESUBMITT AL 6/7/06 1ST REVIEW COMMENTS DUE: PUBLIC /IPARC NOTICE: TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 8/8/06 AGENCY BOARD CITY COMMISSION MEETING: 9/6/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\ANEX\2U06 PROJECT TRACKING INFO.doc City Codes Accessed Via Website' WNW. bovnton-beach.ora www.amleaal.com/bovntonbeachfl.us W " JJN - 7LOO6 J i'J lJ Has applicant attended a pre-application meeting? YES ,Date: MAY 25, 2 06 PLANNiNG AND ZONING DFPl CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION ANNEXATION APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. ~ copies of application reQuired.) PROJECT NAME: PETERS 3377 N. FEDERAL HIGHWAY AGENT'S NAME: BRADLEY D. MILLER. AICF ADDRESS: MILLER LAND PLANNING CONSULTANTS. INC. 420 W. BOYNTON BEACH BLVD.. STE. 201 BOYNTON BEACH, FL 33435 OWNER'S NAME PETERS 3377 N FEDERAL HIGHWAY, LLC - DOUGLAS PETERS, MGMR. (Or Trustee's) ADDRESS: 6023 LE LAC ROAD BOCA RATON, FL 33496 PROJECT LOCATION: 00-43-46-04-12-000-0080 AND PCN NUMBER (Not legal description) 'CORRESPONDENCE ADDRESS: AGENTS ADDRESS (If different than agent Or owner) *This is the only address to which all agendas, letters and other malenals Will be forwarded. CITY OF BOYNTON BEACH APPLICATION FOR ANNEXATION INSTRUCTIONS All properties within a single application must be contiguous and immediately adjacent to one another. or be the subject of separate applications. No application shall be accepted unless Ii is presented on the official form of the City of Boynton Beach, Florida. The applicant must submli two cooies of this application and other required information. Before an application may be accepted. it must fully complywlih all required information as stated below. ATTACH THE FOLLOWING REQUIRED INFORMATION TO THIS APPLICATION: 1. a. A copy of the recorded subdivision plat if the subject property is a lot or lots of record. or All other property must be shown on a certified legal sUlvey made by a surveyor registered In the State of Florida and drawn to a scale appropriate to the size of the subject property. The legal survey shall include an accurate legal description of the subject property to be annexed, and a computation of the total area of the subject property, computed in square footage and to the nearest one-tenth (1/10) of an acre. b. 2. A statement of the applicant's interest in the property to be annexed, Including a copy of the last recorded Warranty Deed. and: a. If joint and several ownership, a written consent to the annexation petition by all owners of record, or b. If a lessee, a copy of the Lease Agreement and written consent of the owner, .Q[ c. If an authorized agent, a copy of the Agency Agreement or written consent of the seller/owner. .Q[ d. If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lie~ thereof, written proof that he is in fact an officer of the corporation or other business entity, Q[ e. If a contract purchase, a copy of the Purchase Contract and written consent of the seller/owner. GENERAL DATA Name of Developer/Owner: PETERS 3377 N FEDERAL HIGHWAY. LLC Area of Subject Property: 4.175 Sq.Ft. or Acres: .0958 ac. Estimated Present population: N/A Existing Future Land Use: CH-5 (COUNTY) Proposed Future Land Use: LRC Existing Zoning: CG (COUNTY) Density Allowed: Density Allowed: d.u.'s Proposed Zoning: C-3 d.u.'s EXISTING UTILITIES: Water. BOYNTON BEACH Wastewater Collection: BOYNTON BEACH Solid Waste (garbage): BOYNTON BEACH STATEMENT OF USE EXISTING USE. PAVED PARKING AREA FOR ADJACENT COMMERCIAL BUILDING PROPOSED USE: PARKING FOR PRDPOSED RESTAURANT IN ADJACENT BUILDING. JUSTIFICATION Express in your own words why this annexation will be beneficial to Boynton Beach. Florida: SEE ATTACHED. EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED SEE ATTACHED. AFFIDAVIT STATE OF FLORIDA ) S5 COUNTY OF PALM BEACH ) Before me. the undersigned authority personally appeared DOUGLAS PETERS . who being by me first duly sworn, on oath deposes and says: 1. That he is the fee simple owner of the fonowing described property, to wit (Give legal descnplion) (attach an addttlonal page if insuffICient space) 2. That he desires annexation to Boynton Beach, Florida. 3. That he has appointed BRADLEY D. MILLER. AICP to act as agent in his behalf to accomptish the above. (SIGNATURE OF Affiant Sworn to and subscribed before me ~U /J r;:- ~ .;rob 10 CM/2d A~ Notary Public. Slate of Flonaa at Large My Commission Expires: / D- i - d-c)O b ...---......_------........... 0. CARROL B. GUBANA ~, MY COMMISSION # DO 155943 EXPIRES. October 8, 2006 1.8003-NO fAflY FL Notary Service & Bonding, 10(; APPLlCANrs CERTIFICATION (I) (We) affirm and certify that 0) (We) understand and wiN comply with the provisions and regulations of Boynton Beach, Florida Zoning Code. (I) (We) further certify that the above statements or diagrams made on any paper or plans submitted herewith are tJUe to the best of (my) (our) knowledge and be~ef. further (I) (!Ne) understand that this application, attachments, and fees become part of the Official Records of Boynton Beach. Florida and are not returnable. APPLICANT IS: OWner ~. SIG TURE OF PLlCANT - _ Optionee BRADLEY D. MILLER. AICP TYPE NAME OF APPLICANT Lessee 420W. BOYNTON BEACH BLVD.. STE. 201 STREET ADDRESS ~Agent BOYNTON BEACH. FL 33435 CITY AND STATE Contract Purchaser 561.736.8838 TELEPHONE NUMBER 561.736.8079 FAX NUMBER OWNER'S AUTHORIZATION nexation, Florida statutes require that a p perty in an area to be annexed. The a ion must be allached 10 and acrompany DOUGLAS PETERS. MGMR, TYPE NAME OF OWNER(s) BRADLEY D. MILLER. AICP TYPE NAME OF APPLICANT 6023 LE LAC ROAD STREET ADDRESS 420 W. BOYNTON BEACH BLVD. STE. 201 STREET ADDRESS BOCA RATON. FL 33496 CITY & STATE BOYNTON BEACH. FL 33435 CITY & STATE 15611988-9619 TELEPHONE NUMBER (5611736-8838 TELEPHONE NUMBER FAX NUMBER (561)736-8079 FAX NUMBER p,1 nns lNSTRUMENT PREPARED BY AND RETIlRN TO: 1.W. SMITH. ESQ, INVJ:iSTORS TITLE, ESCROW & EXCHANGE SERVICES. LLC 2201 N.W. CORPORATE BLVD., STE. 101 BOCA R.....TON, FL 33431 Folio Numbers; File No.: 052924J SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the 7th day of October, 200S by THOMAS P. WICZKOWSKJ, a sinllt! man, herein caUed the gnmlor, to. PETRRS 3377 N. FEDERAL HIGHWAY, LLC..11. Fhl. Hmitotd Uablllcy eompallY whose pt:lSt office addre~ is 6023 LE LAC ROAD, BOCA RATON, FL 33496, hereinafter called the Gnultee: (Whf!lrever used /rend!1 the lerms 'gnU/tor'" and "gran/uN itlcluie all tht parlin kJ this illstrUJJltll' lJud tilt:' hf!irs, I<!glll repuuntlJliw:s 4/)(/ a.r~'Jps a/individuals, and the $UCCGSOI'S Qlld lJnlgns of corporations) WIT N Ie SSE T H: That the grantor, for and inconsideration of the: sum ofTEN AND 00IJOO'8 ($10.00) Dollars and othe,. valuable considerations, receipt whereof is hereby acknowledged, hereby gnmll, bargains. sells, .Iiens, remises, releases, conveys and confirms unto the grantee.U that certain land situate in PALM BEACH County, Stat.:: of Florida, va.: Lots 8 lInd 9~ II$i the Westerly 17 feel for road righC.f-wllI)', IIDd Lot 18. less tile Northerly 150 feet. KING'S SUBDIVISION, recorded in Plat Book 26, paee .c7, Publk Records of PalUl Buch Cllunty. Florida, TOGE'mRR, with all the tenements, hereditaments and appurtenances .hereto belonging or in .ilnywi~ appeflltinin~. TO HAVE A"IlD TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the gra.ntor is lawfully aeiud of said land in fee 5imple; that the: grantor has good right and tawfulauthority to sell and convey said land. and hereby wamuns the tjtle to said land and will defend the sam~ against the lawful claims of all perIODS whomaoever; and that &lid land is free af q.)l encwnbrances, except taxes. accruing &ubs~nt to December 31, 2004. IN WITNESS WHEREOF, the said grantor Iw sigaed and sealed these presents the day.and year tirst above mitten. ered in_t!'e presence of: Wi ignature ::JdIr</ /,,). <:""rll- "tt?le"ss ill Printed Name Wi<n'''Ii~ (...,rC'("~l'1~ Witness #2 Printed Name THOMAS P. WlCZKO K1 oll SliNSHJNE ORNE. DELRAY BEACH, fl n4~4-I7.hl 11:1:"" " Stale of Flo,.ida COUBty of Palm Be8eh The foregoing instrument W31 acb10wledged before me this 7th day of October. 2005 by THOMAS P. WICZJ(OWSKl who is personally latown to m~ Ol"" bas produced I D, L # ._ aa identification, and who did not take an oath. SEAL G) JOHHW,8IIlTll . '1'1'\ MYlDMSSO""'''"", I . EllPlRES:.u~ 1&,2008 '. 1IIIlr;lH:1fn~P\.lli;""""", . ="'""__--=..:.0._,-'_ II Division of Corporations Page I of2 . , Florida Limited Liability PETERS 3377 N. FEDERAL HIGHWAY, LLC PRINCIPAL ADDRESS 6023 LE LAC ROAD BOCA RATON FL 33496 MAILING ADDRESS 6023 LE LAC ROAD BOCA RATON FL 33496 Document Number L05000059299 FE! Number 204380194 Date Filed 06/06/2005 State FL Status ACTIVE Effective Date NONE Total Coutribution 0.00 Registered Agent Name & Address PETERS, DOUGLAS R 6023 LE LAC ROAD BOCA RATON FL 33496 M 1M b D t 01 anager em er em I Name & Address II Title I PETERS, DOUGLAS R B 6023 LE LAC ROAD BOCA RATON FL 33496 Ii I Annual Reports Report Year Ii Filed Date !I http://www.sunbiz.org/scripts/cordet.exe?al-DETFIL&n I =L05000059299&n2-NAMFW... 5/17/2006 Division of Corporations Page 2 of2 II 2006 II 03/] 0/2006 II Previous Filing [ Return to List] No Events No Name History Information [ Next Filing] Document Images Listed below are the images available for this filing. 03/10/2Q06 -- ANN REP/UNIFORM BUS REP 06106/2005 -- Florida Limited Liabilite~ THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scriots/cordet.exe?al=DETFIL&nl =1 ,O~OOOO~9?99&n?=N A MFW ~117 !?()()/'i MILLER LAND PLANNING CONSULTANTS, INC. 420 W. Boynton Beach Boulevard Suite #201 Boynton Beach, Florida 33435 PHONE . 561/736~ FAX. 561/736,s079 PETERS 3377 N. FEDERAL HIGHWAY CITY OF BOYNTON BEACH Original: Revisions: June 7, 2006 Annexation, Land Use Amendment & Rezoning Project Description & Justification Statement Proiect Description This application pertains to a .0958 acre/4,175 sq. tt. parcel located on N. Federal Highway immediately adjacent to 3377 N. Federal Highway and currently identified under Property Control Number (PCN) 00.43.46.04.12.000.0080. The property is improved with a building and paved parking area. The intent of the applicant is to utilize the property for a restaurant or permitted uses. Annexation This property is located in the future annexation area of Boynton Beach. The property is contiguous to the property to the north that is already in the City. The City currently provides services to this property, therefore the annexation will allow City taxes to apply accordingly. Land Use & Zonina The present County land use is CH/5. The proposed land use is Local Retail Commercial (LRC). The present County zoning is CG (General Commercial). The proposed zoning district permits general retail uses and the desired restaurant. A site plan application is being prepared and submitted by others to show the specific proposed development. Application Justification The following outlines the eight (8) criteria that need to be addressed in consideration of this request for the land use amendment and rezoning: 1.) Whether the proposed land use amendment /rezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. The land use amendment/rezoning will be consistent with the current County designations but allow for development under the policies of the City's Comprehensive Plan. 2.) Whether the proposed land use amendment/rezoning would be contrary to the established land use pattern. or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public we/fare. PETERS 3377 N. Federal Highway Annexation. Land Use and Zoning Proiect Description & Justitication Page 2 The land use amendment/rezoning will not create an isolated district unrelated to adjacent or nearby districts and will not grant a special privilege to an individual property owner. Properties to the north and south have same or similar land use and zoning. The proposed land use and zoning is also comparable to the current County designations. 3.) Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. This immediate portion ot Federal Highway has been historically used tor smaller retail commercial business. More recently there has been a trend to assemble and redevelop the properties with multi-tamily residential communities. Given the size and configuration ot this property. it is not suitable for assemblage for residential development. The site was historically used for retail commercial uses. The land use amendment/rezoning will allow the site to be redeveloped with fhe allowed refail or restaurant use that will support the new residenfial growfh in fhe area. 4.) Whether the proposed land use amendment/rezoning would be compatible with utility systems, roadways and other public facilities. The proposed land use amendment/rezoning will establish City designations as required with the annexation. These designations are comparable to fhe current County designations and will not create any additional impacts to the existing utility systems. roadway capacity or other public facilities. A table comparing fhe impacts is provided for reference. 5.) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. With proper planning and buffers. the proposed development will be compatible with the surrounding uses. The property to the south and north is existing commercial uses. The T rode Winds Estates subdivision is to the east and has existed with the historic commercial uses. Buffering will be provided on all sides of both phases to provide screening for the proposed project. Details of perimeter buffering will be provided with a separate Sife Plan application. 6.) Whether the property is physically and economically developable under the existing land use designation/zoning. The property is physically and economically developable under the existing designations however along with annexation. the City will gain the tax base for the services already being provided to the site. 7.) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. As indicated in 3 above. this site is limited in size which makes it ideal for the proposed retail commercial use to support the recent trend and growth of surrounding residential development. 8.) Whether there are adequate sifes elsewhere in the City for fhe proposed use, in districts where such use is already allowed. The purpose of this land use amendment/rezoning is to apply City designations in conjunction with annexation. Therefore. the criteria does not apply. PETERS 3377 N. Federal High~ay Annexation, Land Use and Zoning Proiect Description & Justification Page 3 Comparison of Impacts As requested by the application, attached is a comparison of impacts created by the development under the current County and proposed City designations. A traffic impact statement has not been submitted based on net traffic impacts being less than 500 trips per day. Water and sewer comparisons have not been calculated based on service already provided to the site plus the property is less than 1 acre. Proposed Timinq and Phasinq Redevelopment of this parcel will be in one phase and is intended to begin immediately upon City approvals and issuance of required permifs. Conclusion The purpose of this application is to apply the appropriafe City land use and zoning designafion in conjunction with the voluntary annexation. The proposed development is consistent with the development patters in the area and will provide the City with additional tax base for property that is already being served by City of Boynton Beach public facilities. M:\M L P C\PROJECTS\Boynfon Bagels\justification statement 060206.wpd LEGAL DESCRIPTION LOT 8. LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY, KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 47. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.