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Minutes 12-12-89MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER i2, 1989 AT 7:55 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr. ~ Vice Chairman Harold Blanchette Murray Howard Gary Lehnertz Daniel Richter Carl Zimmerman Dee Zibelti, Alternate (Present in Audience) Tim Cannon, Interim Planning Director Jim Golden, Senior Planner Tambri Heyden, Assistant City Planner Chairman Walshak called the meeting to order at 7:55 P. M. AGENDA APPROVAL Mr. Richter moved to approve the Agenda as submitted° Vice Chairman Collins seconded the motion, and the motion carried 7-0. APPROVAL OF MINUTES Minutes of November 14, 1989 Mr. Blanchette moved, seconded by Mr. Richter, uo approve the minutes as presented. Motion carried 7-0. COMMUNICATIONS AiNDA~NNOUNCEMENTS Comprehensive Plan Mr. Cannon informed the Members that he had handed out the interim Comprehensive Plan. He called the State Department of Community Affairs (DCA) and found out they had not looked at the Plan. They promised they would have their compliance review done by the first week in January, and the Planning Department will get some preliminary indication of what the results of the plan review will be. After going through the preliminary compliance procedure, Mr. Cannon said the Members will be furnished with a finished copy of the Plan with all of the underlinings and strike ouus eliminated. What the Members had was what the Commission adopted on November 7th. Mr. Cannon understood DCA's review at this point could not go beyond the report - 1 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 they originally sent to the City. Many times, the Treasure Coast has gone beyond what was in the DCA's revlew, but Mr. Cannon thought those issues were moot at this point. OLD BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Description: Palm Beach Leisureville Recreation Center ~3 Siteworks Architects and Planners, Inc. Joseph & Alfred Campanelli S. W~ 13th Avenue at S. W. 20th Street, southwest corner Request for a variance to Sections 5-142(i)(~) "Standards" and 5-142(1) "Parking Lot Striping" of Article X - Parking lots Mr. Golden apprised the Members there was a site plan problem, so this matter should be continued. Mr. Richter moved ~o CONTINUE this item until the regular meeting of the P&Z Board on January 9, 1990. Vice Chairman Collins seconded the motion. Motion carried 7-0. When a public hearing is continued, Mr. Golden advised, from a legal standpoint, the time should be announced in case any- one is present. No one was present in the audience to speak in favor of or against this project° NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT Projec~ Name: Agent: Owner: Location: Description: Island Pond Craig Livingston Siteworks, Inco John T. Loos South Congress Avenue at the L.W.D.D. L-28 Canal, northwest corner Request to show annexed land as "~igh Density Residential" and to rezone from AR (Agricultural Residential) in Palm - 2 MINUTES - PLANNING & ZONING BOARD BOY~TON BEACH, FLORIDA DECEMBER 12, 1989 Beach County to a Planned Unit Develop- men% with a Land Use Intensity = 5 (PUD w/LUI = 5) for the purpose of construct- ing a 186 unit multi-family residential project. Also included is a related text amendment to the Comprehensive Plano A number of people interested in this project were present in the audience. Mr. Cannon advised that this application had been withdrawn f so this was a dead issue at this point. Mr. Walshak attended a meeting between the Homeowners Association of Si!verlake and the owner. He thought if that kind of cooperation between builders coming into the City and communities surrounding the developments continued, there would be less lawsuits. LAND USE ELEMENT 2. Project Name: Agent: O~mer: Location: Legal Description: AMENDMENT/REZONINC Boynton Nurseries Roger G. Saberson, Esq. Boynton Nurseries Lawrence Road at the L.W.D.D. Canal, northwest corner L-21 The S½ of the SW~ of the NE~; the SE~ of NE~ and the S½ of the NE~ of NE~, all in Sec. 13, Twp.45 South, Range 42 East, Palm Beach County, Florida. Together with that portion of the Lake Worth Drainage District Canal L-21, that abuts the South property line of the subject parcel of land Description: Request to show annexed land as "Low Density Residential" and to rezon~ ~rmm AR ....... ~v~ ~Agrlcultural Residential) in Palm Beach County to AG (Agriculture) to allow for a future rezoning to a residential zoning category Ms. Heyden read her memorandum dated December 5, 1989. (See "Addendum A" attached to the original copy of these minuues in the Office of the City Clerk.) The Planning Department recommended that the request for annexation~ future land use amendment/rezo~ing be approved~ subject to the following staff comments: MINUTES PLANNING & ZONING BOARD BOTfI~TON BEACH, FLORIDA DECEMBER 12, 1989 Recreation & Parks "Undetermined at this time. Recommendation for land dedica- tion for neighborhood park may be consideredt dependent upon master plan proposal and if private recreation will be required." Public Works "Development into residential will require re-evaluation dependent upon the number of homes constructed." Utilities "For current usage, impact is negligible." Management Services Citizens Service "The annexation of the nursery is no~ expected to impact our department at all~" Communications Roger G. Saberson, Attorney for Boynton Nurseries, Atlantic Avenue, Delray Beach, FL No Immediate increase in the number of necessary personnel is projected. No immediate increase in expenditures is anticipated. Communications Division provides both a direct service to the public (i.e. 911 and other telephone) and to other City Departments (dispatching of Police and Fire, providing radio communications to other departments). Any impact of annexation on other City Departments will have both a direct and indirect impact on communications. There is not currently a method of reliability measuring these impacts. 110 East 33444, agreed with the City that the project is consistent with the City's Compre- hensive Plan and with the Land Uses as indicated in the Palm Beach County Plano Chairman Walshak asked if anyone in the audience wished to speak in opposition to the request. Phil Leslie, President of COBRA (Coalition of Homeowners and Condominium Associations west of the City). For eight MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 years, they have been recommending to governmental agencies controls on growth and improvements in the area. COBRA was opposed for the reasons stated by Ms. Heyden in relation to the County's objections. COBRA concurred with the County's evaluation. This petition for development was before the County Commission about 1½ years ago and was denied because the applicant was requesting a higher density. M~. Leslie wondered if the application for annexation was to circumvent the will of the County in keeping the density down. Mr. Leslie noted the possibility of creating a finger was mentioned. The City has annexed across Hypoluxo Road from Congress Avenue to Lawrence Road on a very narrow step and has gone south from Lawrence Road on the east side. This is the first addition for anything on the western side of Lawrence Road° It was COBRA's feeling it would be more appropriate if the City concentrated on adding to the areas to the east of Lawrence Road and north of N. W. 2nd Avenue. There are several developments in that area that have not annexed. Mr. Leslie felt t~e petition was premature. Chairman Walshak asked if anyone wished to speak in favor of the request. As there was no response, THE PUBLIC HEARING WAS CLOSED. Attorney Sabe~son wished to respond to the comments made by Mr. Leslie, but Chairman Walshak denied his request. Attorney Saberson stated that Mr. Leslie's comments were inaccurate. Mr. Blanchetue liked the above staff comments, and he explained. Mr. Richter was pleased to see the project was in compliance with the City's annexation area. The densities were what the County had in the first place, and it is consistent with the densities in the City's Comprehensive Plan. Mr. Richter saw no problem with it~ Vice Chairman Collins thought it would be a good tax base. Mr. Howard thought it was a well laid out plan, consistent with what has been developed in the County and City. Mr. Lehnertz did not like the idea of extending the City limits to the west side of Lawrence Road, while still having large areas on the east side that are still County pockets. He preferred to have those areas incorporated into the City limits and having the boundaries smoother. Mr. Zimmerman asked what the recommended density before the County was. Mro Cannon replied that it is about 4½ units per acre. Mr. Waishak wondered what density they would be - 5 MINUTES PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD DECEMBER 12, 1989 annexing into the City. Mr. Cannon answered the plan the applicant will be submitting will be slightly below 4.77. If the City continues the finger annexation instead of try- ing to square off the boundary on the west, Mr. Zimmerman remarked that the City will have something that looks like an "octupus" there. Chairman Walshak commented that the City would like to see Lawrence Road filled in from Hypoluxo Road to Boynton Beach Boulevardl Those developments have to request annexation, so he doubted very seriously the pockets would be straightened ouu. Mr. Richter moved to approve the request, subject to staff comments, seconded by Mr. Howard. Motion carried 6-1. Mr. Lehneretz voted against the motion. THE BOARD TOOK A BREAK AT 8:25 P. M. THE MEETING RESUMED AT 8:33 P. M. ABanDONMENT Project Name: Agent: Owner: Location: Legal Description: Description: Cranbrook Lake Estates Lawrence J. Marchbanks, P.A. David and Joan Gaudette South Congress Avenue at Golf Road, southwest corner See "Addendum B" attached uo the orzginal copy of these minutes in the Office of the City Clerk Request for the abandonment of a 10 foot wide utility easement (Lot 67, Block 2) Ms. Heyden made the presentation and said the only utilities contesting this are Comcast Cablevision and Southern Bell. After a follow-up conversation with the City Engineering Department and utility companies, the utility companies stated that approval of the Utility easement abandonment would have to be conditioned on the cost of relocating the utilities as indicated. Lawrence J. Marchbanks, Attorney for Mr. and Mrs. Gaudette, 4800 North Federal Highway, Suite 101-E, Boca Raton, FL 33431t said his clients received permits to construct a pool and patio. While his clients had no problem building the - 6 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 patio and pool, it created a cloud on his title. This would create a problem if they wished to sell in the future. Because of the present state of Mr. Gaudette's health, Attorney Marchbanks requested that the Board approve the request, subject to them satisfying the requirements of Comcast Cablevision and Southern Bell. Discussion ensued about a similar request the Board previously had. Mr. Richter moved to approve the request, subject to the relocation of Southern Bell and Comcast Cablevision's ease- ments. Mr. ~oward seconded ~e motion. Pursuant to the request of Chairman Walshak, Mr. Howard removed his second, and Mr. Richter removed his motion° Chairman Walshak asked if anyone in the audience wished to speak in opposition to or in favor of the request. There was no response~ THE PUBLIC HEARING WAS CLOSED. Mr. Richter moved to approve the request, subject to the relocation of Southern Bell and Comcast Cablevision's utility easements. Mr. Howard seconded the motion, and the motion carried 7-0. PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Legal Description: Description: Pizza Hut Mark Sever, Project Architect Helena and Emil Freund South Federal Highway at S. E. Court, northwest corner 20th That par~ of the No 90.00 feet of the S. 1000.00 feet of the E½ of the NE~ of Sec~ 33, Twp. 45 South, Range 43 East, Boynton Beach, Palm Beach County, Fla., lying west of the right-of-way of S. R. 5 (Uo S. Hwy. 1) as shown in road plat book 2, on page 159 of the Public Records of Palm Beach County, Florida, less the west 525.00 feet thereof, containing 19~i77 square feet or .44 acres, more or less Request for a variance to Section 5-138(a) "Scope" of Article X - Parking Lots Mr. Golden read his memorandum dated December 6t 1989. The applicant was granted a variance by the Board of AdjustmEnt - 7 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 for additional parking spaces. The TRB recommended the request be approved, subject to meeting the following addi- tional Code requirements: I. Compliance with Sec. 5-142(a) "Lighting" of Article X, Parking Lots. 2. Compliance with Sec. 5-42(c) "Traffic Control" of Ar%icte X, Parking Lots (i.e., provision of stop signs and~stop bars at al/ ~hree exits onto S. Eo 20th Court). Mr. Btanchette felt this property should have been dealt with at the first stage instead of now. He alluded to the difficulty he has getting in and out of the property. Mr. Golden responded that it is an older facility. Chairman Walshak thought if the Board approved the variance, the aesthetics and safety elements of the property would be upgraded. Comments were made about the site plan. Mark Reed, 1801Wilshire Village Drive, Wellington, stated he works for Pizza Hut. Chairman Walshak asked if he was in agreement with the staff comments. Mr. Reed had no reason to disagree. Chairman Watshak asked if anyone in the audience wished to speak in favor of or in opposition to the requestm There was no response, and THE PUBLIC HEARING WAS CLOSED. Mr. Blanchette moved staff commen'as. Mr. motion carried 7-0. to approve the request, subject Richter seconded the motion, and the Bo SITE PLANS SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Hunters Run, Tract L, "Woods" Edward Schain, President The Woods at Hunters Run Condominium Association, Into West side of South Congress Avenue, between the LoW.D.D. L-28 and L-30 Canals Request for approval of an amended site plan to allow for the addition of swimming pools in connection with a previous replat to incorporate addi- tional portions of common area which were under the jurisdiction of the master association - 8 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 MS. Heyden made the presentation and told the Members this would enable the homeowners flexibility to construct pools. The TRB recommended approval, subject to the following staff comments: Building "The following comment must be addressed in order to conform with Boynton Beach City Codes: All plans submitted for public record and prepared by a design professional shall show original raised seal and signature of a Florida registered design professional. In order to facilitate the permitting process, the following information should be included within your documents submitted uo the Building Department for required permits: Permit for new swimming pool and/or screen enclosure will require verification of recorded replat documents." Engineering "1~ Proposed property lines of parcels 1 thru 4 have not received final plat approval as of this date. 2o Several proposed pools/enclosures encroach on dedicated drainage~ wauer and utility easements. 3. A blanket utility easement is dedicated to Southern Bell Telephone and Telegraph Company for underground service to existing structures. Many conflicts are likely to result. 4. Several proposed pools/enclosures depicted extend beyond existing top of bank. Utilities "1. The proposed enclosure for Building 93 would encroach into the abutting easement if constructed like the other enclosures. Please delete this unit from consideration or clarify the limits of construction to avoid the easement. 2. Buildings $6, 21, 23, 25, 51, 55 and 57 would have enclosures which extend beyond the top of berm at the lake. Revised plans for the lake contours, complete with drainage calculations, will have to be approved by the City Engineer's Office or delete these units from the submittal." Edward Schain, President of The Woods at Hunters Run Condo. Association, Inc., 51 Woods Lane, Boynton Beach, FL 33436~ MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 was familiar with the staff comments but wished clarification of the first comment from the Engineering Department° They had received final plat approval. Mr. Golden explained it had not been recorded at the Courthouse. In order for the pools to be built, Mr. Schain said the individual home owners must ~irst apply to the Condominium Association for approval. Before they can ask the City for a permit, they must comply with all of the recommendations in the memorandum. Mr. Richter wondered what the average cost of a screened area would be. Mr. Schain did not have an estimate. Their By-laws only ask for a fenced area because sometimes that many screens impact on the appearance of a project. Chairman Walshak noted Mr. Sct%ain was agreeing with the City's comments. Mr. Schain confirmed that he was. Mr. Lehnertz inquired whether any of the proposed additions would run into problems with setbacks. Mr. Schain answered negatively. Mr. Golden added there is a common area the home owners can utilize. There are no setbacks or property lines. Mr. Lehnertz moved to approve the site plan modification, subject to staff comments. Vice Chairman Collins seconded the motion~ and the motion carried 7-0. OTHER A. Discussion of Chapter 19 (Draft ~7) and proposed Design Review Manual After comments by the Members, Mr. Richter drew attention to paragraph (e) on page 13 and wondered why it was there. Mr. Golden felt it could be deleted. Discussion ensued° Mr. Cannon agreed the paragraph would be redundant. Vice Chalrman Collins thanked Chairman Walshak for keeping the Board on Chapter 19 to the point where it was developed° He hoped it would be approved by the City Commission. Chairman Walshak thought the Planning Department did very well formulating it. He suggested it be sent ~o the City Commission when a full Commission is seated rather than nowe Mr. Lehnertz, Mro Zimmerman, and Mr. Howard thought it should be sent to the Commission now. Mr. Blanchette, Vice Chairman Collins, and Mro Richter thought it should go before a full City Commission. There was discussion. - 10 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1989 Mr. Cannon advised the Members the make a finding that Chapter 19 was Comprehensive Plan. Board was required to consistent with the Mr. Richter moved, seconded by Mr. Blanchette, to find Chapter 19, as amended, consistent with the Comprehensive Plan. The motion carried 5-2° Mr. Howard and Mr. Lehnertz voted against the motion° ADJOURNMENT The meeting properly adjourned at Patricia Ramseyer Recording Secretary~ / (One Tape) ~/ 9:00 P. M. - 11 MEMORANDUM December 5, 1989 TO: Chairman & Members, Planning & Zoning Board THRU: Timothy P. Cannon, Interim Planning ~irecuor ~ FROM: Tambri J. Heyden, Assistant City Planner RE: Requests for Annexation, Future Land Use Element Amendment/Rezoning Submitted by Roger Saberson For Boynton Nurseries - File Nos. 349 & 350 Introduction Roger Saberson, agent for Boynton Nurseries, properuy owner, is proposing to annex 'Lnto Boynton Beach an 83.85 acre uract of land located at the northwest corner of Lawrence Road and the L.W.D.D. L-21 canal (see attached copy of location map in Exhibit "A"). The property is currently zoned AR (Agricultural Residential) and is occupied by an active orange grove and container nursery, including associated greenhouse and mainuenance buildings and a single family home for the nursery caretaker. Accompanying this requesu for annexation are requests to amend the Future Land Use Element of the Comprehensive Plan to show annexed land as "Low Density Residential" and to rezone this property to AG, Agriculture, as a holding category until a mas~er plan for a future rezoning to a planned unit devetopmenu is prepared and submitted to the planning Department. PROCEDURE These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan, and rezoning are being processed consistent with Florida Statuue and Boynton Beach codes, ordinances and resolutions as follows: F.S. 163.3161: Local Government Comprehensive' Planning and Land DevelopmenE Regulation Act. F.S. 166.041: Procedures for Adoption of ordinances and Resoluuions. 2. 3. 4. 5. 6. F.S. 171.011: Boynton Beach Code of ordinances, 3AS[e): Boundary and Zoning. Boynton Beach Ordinance $79-24. Boynton Beach Resolution ~76-X: Annexation. Municipal Annexation and Contraction Act. Appendix A, Section Procedures for Page 1 of ADDENDUM A e Boynton Beach Code of ordinances, Appendix A, 9C: Comprehensive Plan Amendments/Rezonings- Boynton Beach ordinance 86-54: Evaluation and Appraisal Reporu. 9. Boynton Beach ordinance 89-38: Secuion 1986 Comprehensive Plan 1989 comprehensive Plan. These regulations have been listed for informational purposes. Paraphrasing, these regulations require review by the City Departmenu Heads, newspaper advertisements, public hearings bef.cre the Planning and zoning Board and City Commission, review by the Department of Community Affairs, and Commission adoption of ordinances to annex, amend the Comprehensive Plan Future Land Use Element and rezone. These procedures take approximately 8 to 9 months to compleue. current Land Use and Zonin~ As previously discussed, this properu¥ is zoned AR (Agricultural Residential) and is.being used~for agricultural purposes as an 6range grove and tree nursery. The land use and zoning in the surrounding area varies and is presented for your information in the table which follows: Direction Jurisdiction Zonzn9 North Palm Beach County AR/SE Land Use Knotlwood Groves (active orange grove) Northeast Boynton Beach P~UD Ciurus Glen (single family, lot line homes) zero East Boynton Beach PUD Citrus Park (single family, zero lot line homes) and Palm Beach County School -p" (under construc- tion) Southeast Palm Beach County AR Two single family homes on large, un- platted lots (a County pocket) Boynton Beach PUD Lawrence Lakes (single family homes) South Palm Beach County RM/SE: special ex- ception for a PUD Sausilito Groves undeveloped, approved for garden apartments and day care center RS/SE: Royal Manor special ex- (mobile homes) ception for a mobile home park Page 2 of ADDENDUM A Southwest West Palm Beach county Palm Beach County Rs/SE: special ex- ception for a PUD AR RT (Residential/ Transitional) Northwest Palm Beach county AR AR Palm Shores, f.k.a. Windward PUD (single family an~ multi- family homes and day care center unde~ construction) Scattered, single family homes on large, unplatted lots Single family home on large lot and a vacant lot. sunup Grove (single family subdivision) Vacant Future Land Use and Rezonlng The land use category requested, "Low Density Residential", allowing a maximum density of 4.84 dwelling units per acre, is consistent with the Low Density Residential land use of the parcels in the City on the east side of Lawrence Road. It is also consistent with the land use of the parcels on the west side of Lawrence Road in Palm Beach county in proximity to the subjecn parcel, which as per the County's 1989 Comprehensive Plan ranges from "Low Residential 2", allowing 1 to 2 dwelling units per acre, "Low Residential 3", allowing 1 to 3 dwelling units per acre and "Medium Residential 5", allowing 3 to 5 dwelling units per acre (see Exhibit "B" for the annexation study prepared for the 1989 Comprehensive Plan adoption process which maps the County's future land use allowable densities in this area). With respect to the zoning classification requested, Agriculture, it is the applicant's intent, as discussed on page 3 of his land use and/or rezoning application, to file a future application for rezoning from Agriculture, subject to approval of the current request, no Planned Unit Development. Therefore, the Agriculture zoning requested would be a holding category until plans for residential development are finalized. This holding category is appropriate for the tree nursery and orange grove uses occurring and that will continue to occur on the property until residential development begins. Incidentally, having applied for a residential land use by the October 1, 1989, twice a year deadline (for requests requiring forwarding to D.C.A.) rather than applying for an agricul=ural land use, enables the applicant to proceed as soon as possible with a planned unit developmenn rezoning application without having to wait until the next deadline (April 1, 1990) to apply for residential land use as the appropriate land use, if approved now, will be in place. Page 3 of ADDENDUMA Comprehensive Plan The subject property falls within planning area 9 (the remainder of the reserve annexation area and utility service area) as referenced in the Future Land Use Element of the 1989 Comprehensive Plan Support Documenus. For this area, the Comprehensive Plan states that densities in this area should be "limited to the midpoint of the density range shown on the Palm Beach County Land Use Plan" in effect in 1987, "fo~ parcels which are currently zoned agricultural, and that the densities of existing approved developments not be increased" (see Exhibit "C"). The City's 1989 Comprehensive Plan, elaborates on this policy by stating that for parcels in the County's Low-Medium Density land use category (3-5 dwellings per acre), which comprises mosu of the agriculture-zoned land, the midpoint of the density range would be 4 dwellings per acre. Those parcels along the west side of Lawrence Road, north of Old Boynton, which are in the County's Medium-Medium High Density land use category (8-12 dwellings per acre) should be limited uo 5 dwellings per acre, however, in order uo prevent land use conflicts with the surrounding low-density residential projects". As shown on the County's Land Use Plan that was in effect in 1987 and on the land use map in Exhibit "D", the land use of the portion of Boynton Nurseries that fronts on Lawrence Road is Medium-Medium High Density Residential (8-12 dwellings per acre) which as previously discussed should be limited to 5 dwellings per acre upon annexation into the City. The souuhwest porticn of Boynton Nurseries has a Low-Medium Density Residential land use (3-5 dwellings per acre); the midpoint of the density range being 4 dwellings per acre. Therefore, the Low Density Residential land use requested, allowing a maximum of 4.84 dwelling units per acre, is consistent witk the City's Comprehensive Plan. As per the previous and the current Intergovernmenuat Coordinauion Element of the City's Comprehensive Plan, Palm Beach County was notified of the Boynton Nurseries' annexation, land use amendment and rezoning requests. Their response, copied in Exhibit "E", discusses their concern regarding whether the proposed annexation is compact and creates a finger area in a serpentine pattern as defined by Florida Statuue~. A copy of the language from Florida Statutes relative to conuiguity and compactness accompanies this report in Exhibit "F". Under the definition of "compactness", annexation of territory is prohibited by law if such annexation creaues an enclave, pocket or finger area in a serpentine pattern. The City's Comprehensive Plan, under planning area 9, discusses annexing properties "west of Lawrence Road only if annexation would be consisuenu with Florida Statutes, and the properties could be efficiently served". Although, this is the first property on the wesu side of Lawrence Road to request annexation, this property is contiguous to corporate limits on its entire eastern property boundary and as shown on the map in Exhibit "G", would not create ~n isolated pocket or enclave enclosed by County territory if annexed. In addition, this property would nou represent a corridor fashion annexation or a finger area in a serpentine pattern, more clearly illustrated on the map in Exhibit "G". ............. ~g~. ~.-of_~_~ With respect to the issue of providing efficient service, tne response from Palm Beach County states that the level of fire,rescue service would be decreased because Boynton Beach's station is twice as far as Palm Beach County Station 51 (3.5 miles) from the Boynton Nurseries' property. However, the County's statement does not take into consideration the construction of the City's new fire station (No. 3), projected for completion October 1990, which will be approximately 1.1 miles from the Boynton Nurseries' property. Second reading of the ordinance for the annexation of Boynton Nurseries would not occur until April 1990 at the earliest. Another important issue which supports the argument in defense of the Boynton Nurseries a~nexation and its consistency with Florida Statutes is its location within the City's municipal service area and the existence of several water service agreements provided with annexation Clauses on the west side of Lawrence Road. These properties with water service agreements are mapped in Exhibit "H". As shown on this map, annexation of the Boynton Nurseries property (lo6ated between water service agreement al6-Knollwood Groves and ~lg-Sausili~o Groves) would set the basis for voluntary annexatio~ of the folloWing properties which have water service agreements With annexation~ clauseS: ~1 - William Bauer ~2 - Joseph A. Palermo & Loy Anderson, ~3 - Joseph A. Palermo ~11 - Manor Forest ~16 Knollwood Groves ~19 Sausilito Groves Jr. It should be noted that triggering the annexation clauses of water service agreement 91 - William Bauer and 93 Joseph A. Palermo would create a pocket south of the intersection of Hypoluxo Road and LaWrence Road. In addition, triggering the annexation clause of wa~er service agreemen~ ~11 - Manor Forest, would create an enclave between Lawrence Grove and Citrus Glen as would wa%er service agreement ~19 Sausili~o Groves; this small enclave would be located on the east s~de of Lawrence Road, northwest of Lawrence Lake. In order to be consistent with Florida Statutes, the potential enclaves of unincorporated properties would have to be annexed voluntarily or by referendum concurrently with voluntary annexation of the'referenced properties with water service agreements. Therefore, should the City Commission decide to pursue further annexation west of Lawrence Road, existing water service agreements with annexation clauses could provide a catalyst for initiating this process, where such annexation would be consistent with Florida Statutes. With respect to the applicability of the Comprehensive Plan development policies, these policies generally do no% apply at this time since no development is proposed. These policies will be used in the evaluation of any future rezoning application. Page 5 of ADDENDUM A Conclusions/Recommendations The Planning Department recommends that the request for annexation, future lard use amendment/rezoning submitted by Roger Saberson for Boynton Nurseries, be approved subject to staff comments in Exhibit "I". This recommendation is based on the following summary of findings within the staff report: 1. The Boynton Nurseries' property is contiguous to corporate limits on its enblre eastern property boundary; 2. The property is located within the City's municipal service area; 3. The intensity of land use requested, Low Density Residential, is appropriate with respect to properties on the east side of Lawrence Road with the same land use designation and properties on the west side of Lawrence Road in the County that have similar land use designations; 4. The requests are consistent with the City's Comprehensive Plan poli~ies for planning area 9 with respect to annexation and land use; 5. The requests are consistent with Florida Statute regarding annexation procedures; and 6. Annexation of this property will allow the City rather than the County to issue a development order when residential zoning is requested in the future. TAMBRI J. ~EYDEN TJH:frb Encs Bnrsery Page 6 of ADDEND%~4 A DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT A PORTION OF~T 67 ~LOCK 2, PLAT OF CRANBROOK LAKE ESTATES, AS RmCdRmED IN ~T BOOK 33, PAGES 124-125, OF THE PUBLIC REcoRDs OF PALM BEACH COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS COMMEN- CING AT TH~'SOUTHWEST CORNER OF SAID LOT 67,' THENCE NORTHERLY A- LONG 'THE WEST LINE OF SAID LOT A DISTANCE OF 105.O0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY A DISTANCE OF 10.00 FEET; THENCE :~EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 84,07 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 7.74 FEET, RAVING A RADIUS OF ~5~00 FEET AMD A CENTRAL ANGLE OF 12° 40' 38"; THENCE SOUTH- EASTERLY ALONG THE EASTERLY LINE OF SAID LOT A DISTANCE OF 10.00 FEET TO THE INTERSECTION OF A CURVE TO THE RIGHT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 9.96 FEET, HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 12° ~0' 38"; THENCE W. ESTERLY~A DIS- TANCE OF 84.07 FEET TO THE POINT OF BEGINNING. EXHIBIT "A"