LEGAL APPROVAL
! Section 1. The City Commission of the City of Boynton
i Beach, Florida does hereby amend Resolution No. R94-87, and R94-
II 196 to encompass the expanded scope of services, attached hereto
ii' as Exhibit "A".
i Section 2. That this Resolution shall become effective
II immediately upon passage.
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A RESOLUTION OF THE CITY COMMISSION OF THE I
CITY OF BOYNTON BEACH, FLORIDA, AMENDING I'
RESOLUTION NO. R94-87 and R94-196, PROVIDING I
FOR AN INCREASE IN THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND ROSSI AND MALAVASI FOR ADDITIONAL i
ENGINEERING SERVICES FOR THE DESIGN OF MI~R I
~ROAD- FROM LAWRENCE ROAD EAST TO CONGRESS I
AVENUE; AND PROVIDING AN EFFECTIVE DATE.
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RESOLUTION NO. R95-/c~
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'j WHEREAS, on May 17, 1994, the City Commission approved by
II' Resolution No. R94-87, the execution of a Contract with Rossi
:, and Malavasi, Engineers, Inc., for engineering services for
I Miner Road; and
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I WHEREAS, on November 15, 1994, the City Commission approved
, Resolution No. R94-196, which provided for the expansion of the
II scope of engineering services; and
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'/ WHEREAS, Palm Beach County has requested that additional
I engineering services be provided for the design of Miner Road
Ii from Lawrence Road east to Congress Avenue, at an additional
II negotiated cost of $10,550.00; and
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WHEREAS, it has been determined by the city Commission to
i be in the best interests of the City to expand the scope of
, services for that project;
NOW, THEREFORE, BE IT RESOLVED BY THB CITY COMMISSION OF
TSB CITY OP BOYNTON BBACB, PLORIDA, THAT:
PASSED AND ADOPTED this
.5
day of July, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
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V~ce Mayor
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: ayor Pro Tern
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ATTEST:
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(Corporate Seal)
Authsig,do~
6/29/95
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RESOLUTION NO. R95-~' ,t:)UV<- t .:--
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A RESOLUTION OF THE CITY COMMISSION OF ' ,,: ~l/"-~'
THE CITY OF BOYNTON BEACH, FLORIDA,
REQUESTING THAT LAWRENCE ROAD BETWEEN
GATEWAY BOULEVARD AND HYPOLUXO ROAD BE
ADDED TO THE PALM BEACH COUNTY FIVE YEAR
ROAD IMPROVEMENT PROGRAM.
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WHEREAS, Lawrence Road is a designated public road
belonging to Palm Beach County; and
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.' WHEREAS, over 1,680 units have been approved
: for development by both the City of Boynton Beach and Palm
i I Beach County; and
WHEREAS, these developments when constructed, will
, considerably exceed the threshold level of trips for Level of
Service "0" on Lawrence Road; and
WHEREAS, these developments will pay to Palm Beach County
traffic impact fees in excess of 2.5 million dollars; and
WHEREAS, if this road is not constructed concurrent with
development, the City of Boynton Beach residents will suffer
for the estimated 2 to 4 year design and construction time
table with a severely overcrowded, unsafe roadway.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The City Commission of the City of Boynton
Beach, Florida, requests inclusion of Lawrence Road on the
Countyl5 Five Year Road Program to begin the planning and
design process for the road widening.
Section 2. That the County agrees that the impact
fees currently being collected from the developments impacting
Lawrence Road be utilized to partially fund the road
improvements required by these developments.
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PASSED AND ADOPTED this
c?/ day of March, 1995.
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CI~Y OF BOYNTON BEACH, FLORIDA
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Mayor /
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Commissioner
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.1 ATTEST:
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: Ci~y Clerk
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Authsig,doc
Support. Lawr.nce Road
3/17/95
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF BOYNTON BEACH
COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE
DOCKET NO. 94-1 NOI-5005-(A)-(I)
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The Department gives notice of its intent to find the Amend-
ment to the Comprehensive Plan for the city of Boynton Beach,
adopted by Ordinance Nos. 94-33, 94-36, 94-42 and 94-45 on
October 18, 1994, and Ordinance Nos. 94-47 and 94-48 on November 1,
1994, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and
163.3189, F.S.
The adopted City of Boynton Beach Comprehensive Plan Amendment
and the Department's Obj ections, Recommendations and Comments
Report, (if any), are available for public inspection Monday
through Friday, except for legal holidays, during normal business
hours, at the City of Boynton Beach, City Hall, Planning
Department, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
33425.
Any affected person, as defined in Section 163.3184, F.S., has
a right to petition for an administrative hearing to challenge the
proposed agency determination that the Amendment to the City of
Boynton Beach Comprehensive Plan is In Compliance, as defined in
Subsection 163.3184(1), F.S. The petition must be filed within
twenty-one (21) days after pUblication of this notice, and must
include all of the information and contents described in Rule
9J-11.012(7), F.A.C. The petition must be filed with the Agency
Clerk, Department of Community Affairs, 2740 centerview Drive,
Tallahassee, Florida 32399-2100, and a copy mailed or delivered to
the local government. Failure to timely file a petition shall
constitute a waiver of any right to request an administrative
proceeding as a petitioner under Section 120. 57 , F. S . I f a
petition is filed, the purpose of the administrative hearing will
be to present evidence and testimony and forward a recommended
order to the Department. If no petition is filed, this Notice of
Intent shall become final agency action.
If a petition is filed, other affected persons may petition
for leave to intervene in the proceeding. A petition for inter-
vention must be filed at least five (5) days before the final
hearing and must include all of the information and contents
described in Rule 60Q-2.010, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hear-
ings, Department of Management Services, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-1550. Failure to petition to intervene
within the allowed time frame constitutes a waiver of any right
such a person has to request a hearing under Section 120.57, F.S.,
or to participate in the administrative he ring.
cLcJJ~_
Charles G. Pattison, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
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MINUTES - REGULAR CITY ~1MMISSION MEETING
BOYNTON BEACH. FLORIDA
OCTOBER 18. 1994
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Attorney Cherof advised that' there was a change in Section 3 which does not
affect the title. He read that Section.
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There was no one present to speak on publ;~ hearing.
Motion
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Commissioner Aguila mov~d to approve Proposed Ordinance NO. 094-32 on second
reading., Vice Mayor Ma~son seconded the, motion. A rollcall vote was;-'polled by
the City Clerk. The motion carried 5-0.
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Ms. Heyden advised that this annexation Ordinance was revised as a r~sult of a
meeting with the owner,' s attorney. Th6 property owner':has decided that he would
like tl preserve the ~gricu1tural zoni,hg. Rather tharf inmediatelyprocessing a
land u e and zoning change, they would like to do th~t after they notify us.
Attorn. y Cherof said ~e will follow up with an additional agreement at the next
meeti rig. "
3. PropOSed OrdinancI No. 094-33 Re: l.and Use Element Amendment -
Palm8each Groves "
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City Attorney Cherof read proposed Ordinance No. 094-33 by title only.
There was no one present to speak on public heartng.
Moti'on
Co~issioner Aguil. moved to approve Proposed Ordinance No. 094-33 on second
reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was
polled by the City Clerk. The motion carried 5-0.
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4. Proposed Ordinance Mo. 094-34 Ile: Rezoning - Palm Beach Groves
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City Attorn.y Cherof read Proposed Ord1nance No. ei4-34 by title only.
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There was no one P!esent to speak on public hearing. ~
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~: O:ayor Natson 40ved to app~ve proposed~rdlnance Mai 094-34 on second
rea ing. Coma1ss1qrer Aguila ~conded the ~tion. A rotl call vote was polled
by he City Clerk. The motion tarried 5-0.
5. Proposed Ordinance No. 094-35 Re: Annexation - Knollwood Groves
City Attorney Cherof read Proposed Ordinance No. 094-35 by title only.
There was no one present to speak on publiC hearing.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-35 on second
reading. Conmissioner Aguila seconded the motion. A roll call vote was polled
by the City Clerk. The motion carried 5-0.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
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OCTOBER 18. 1994
6. Proposed Ord'nance No. 094-36 Re: Land Use Element Amendment -
KnollwoOd Groves
City Attorney Cherof read Proposed Ordinance No. 094-36 by title only.
There was no one present to speak on public hearing.
Motion
Commissioner Aguila moved to approve Proposed Ordinance No. 094-36 on second
reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by
the City Clerk. The motion carried 5-0.
7. Proposed Ordinance No. 094-37 Re: Rezoning - Knollwood Groves
City Attorney Cherof read Proposed Ordinance No. 094-37 by title only.
There was no one present to speak on public hearing.
City Manager Parker said that at some point, staff will need clarification on
what uses the Commission would like grandfathered in.
Mayor Hanmen1ng feels that almost all of the uses which presently exist and are
legal uses in the County either by variance or whatever, are legal uses in the
City of Boynton Beach. He does not feel this 1s'a detenm1nation the City
Commission should make.
Commissioner Aguila feels any uses which are legal, but nonconfonm1ng in the
County, which will come into the City as legal, nonconfonming, cannot be
expanded in their nonconfonm1ty. It 15 important to investigate this property
so that the nonconfonm1t1es will not expand.
Ms. Heyden advised that staff made some recommendations regarding Code changes
to accommodate some of the uses which are nonconfonm1ng. City Manager Parker
clarified that staff is recommending a Code change whereby if there is the,sale
of plants and cut flowers grown off premises, the Code should be changed to say,
"if accessory to those grown on premises., and the same comment if grown off
premises. This is not currently in the Code. The Commissioners had no problem
with this Code change. .
Vice Mayor Matson feels this is a treasure in Boynton Beach. It is old Florida
and they should be able to preserve it the way it is.
Motton
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-37 on second
reading. Commissioner Aguila seconded the motion.
Commissioner Aguila questioned whether or not any of the items discussed needed
to be addressed. Mayor Hanmening said the remarks would be part of the minutes.
Attorney Cherof said the remarks need not be incorporated into the motion.
A roll call vote was polled by the City Clerk. The motion carried 5-0.
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ORDINANCE NO. 094~1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE KNOLLWOOD GROVES PROPERTY
( SOUTHWEST CORNER OF LAWRENCE ROAD AND
KNOLLWOOD ROAD) AMENDING ORDINANCE 91-70
OF SAID CITY BY REZONING A CERTAIN TRACT
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM COUNTY AR-SE (AGRICULTURAL
RESIDENTIAL-SPECIAL EXCEPTION) TO AG
(AGRICULTURE) ; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
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i Revised Zoning Map was adopted for said City; and
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I WHEREAS, the City Commission of the City of Boynton
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II simultaneously herewith adopting an Ordinance annexing a
il certain tract of land; and
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WHEREAS, the City of Boynton Beach, in connection with
aforesaid Annexation Program, has heretofore filed a Petition,
pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of
rezoning a certain tract of land consisting of 30 acres
located adjacent to the municipal limits of said City, said
land being more particularly described hereinafter, from AR
Agricultural Residential to AG Ariculture, which requests that
the 30-acre tract be removed from the boundaries of the AR-SE
zone to allow for the processing of the rezoning application;
WKBRBAS, the City Commission deems it in the best
I interests of the inhabitants of said City to amend the
I aforesaid Revised Zoning Map as hereinafter set forth.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land,
City of Boynton Beach, Florida, to-wit:
located in the
The North 1/2 of the Northeast 1/4 of the
Northeast 1/4 and Northeast 1/4 of the
Northwest 1/4 of the Northeast 1/4 of
Section 13, Township 45, Range 42.
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Containing 30.00 acres more or less and
together with L.W.D.D. L-20 Canal R/W
abutting North of the property.
" be and the same is hereby rezoned from AR-SE Agricultural
Residential-Special Exception (County) to AG Agriculture. A
location map is attached hereto as Exhibit "A" and made a part
of this Ordinance by reference.
Section 2: That the aforesaid Revised Zoning Map of the
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City shall be amended accordingly.
Section 3: All ordinances or parts of ordinances 1n
conflict herewith are hereby repealed.
Section 4: Should any section or provision of this
I Ordinance or any portion thereof be declared by a court of
II competent jurisdiction to be invalid, such decision shall not
I affect the remainder of this Ordinance.
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Section 5: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be in compliance in accordance with
Chapter 163.3184, F.S.,; or the date a final order is issued
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit HB" and made a part
of this ordinance by reference.
FIRST READING this " day of October, 1994.
SECOND, FINAL READING and PASSAGE this /8 day of
October, 1994.
ATTEST:
~~~~,,-
Ci Clerk
FLORIDA
Commi
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(Corporate Seal)
II,IIIaLUlI.QIU)
9/28/94
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ORDINANCE NO. 094-~t
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE KNOLLWOOD GROVES PROPERTY
( SOUTHWEST CORNER OF LAWRENCE ROAD AND
KNOLLWOOD ROAD) AMENDING ORDINANCE 89-38
OF SAID CITY BY AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY BY ADOPTING THE PROPER LAND USE
OF CERTAIN PROPERTY, MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM MEDIUM
RESIDENTIAL 5 TO AGRICULTURE; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land Use
Plan and as part of said Plan a Future Land Use Element by
Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, a certain tract of land more particularly
described hereinafter 1S being annexed by the City 1n
accordance with the application completed by the City for the
owner of the following property, pursuant to the Annexation
Program, by Ordinance being adopted simultaneously herewith;
and
WHEREAS, the procedure for amendment of a Future Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
commission deems it in the best interest of the inhabitants of
said City to amend the aforesaid Element of the Comprehensive
Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Future Land Use of the
following described land shall be
designated as Agriculture. Said land is
more particularly described as follows:
The North 1/2 of the Northeast 1/4 of the
Northeast 1/4 and Northeast 1/4 of the
Northwest 1/4 of the Northeast 1/4 of
Section 13, Township 45, Range 42.
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Containing 30.00 acres more or less and
together with L. W. D. D. L-20 Canal R/W
abutting North of the property.
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Section 2: That any maps adopted in accordance with the
i Future Land Use Element of said Comprehensive Plan shall be
amended accordingly.
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Section 3:
All ordinances or parts of ordinances 1n
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conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
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Section 5:
The effective date of this Ordinance shall be
date
a
final
order
is
issued
by
the
Department
of
Community Affairs finding this amendment to be in compliance
in accordance with Chapter 163.3184,
F.S.,;
or the date a
final order is issued by the Administration Commission finding
this amendment to be in compliance in accordance with Chapter
163.3184, F.S.
The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the amendment.
Once issued, the Notice of Intent shall be
attached hereto as Exhibit "A" and made a part of this
ordinance by reference.
FIRST READING this -'
day of October, 1994.
SECOND, FINAL READING and PASSAGE thi s
/8
day of
October, 1994.
ON BEACH, FLORIDA
Mayor
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"V ~A Mayor
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ATTEST:
~~Qx~~<1L__
C1. Clerk
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(Corporate Seal)
A;KNOLLLU.ORD
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ORDINANCE NO. 094-~
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE ~OLLWOOD ~ROVES PROPERTY
(SOUTHWEST CORNER OF LAWRENCE ROAD AND'
KNOLLWOOD ROAD) ..}.NNEXING. A CERTAIN
UNINCORPORATED TRACT OF LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS WITHIN PALM
BEACH COUNTY AND THAT WILL, UPON ITS
ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY,
PURSUANT TO A PETITION OF THE OWNER OF
SAID TRACT OF LAND, REQUESTING ANNEXATION
PURSUANT TO ARTICLE I, SECTION 7 (32) OF
THE CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND SECTIONS 171. 044, AND
171.062(2), FLORIDA STATU~S; PROVIDING
THE PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE
PASSED SIMULTANEOUSLY HEREWITH; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE; PROVIDING FOR
ADVERTISING; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION; AND FOR
OTHER PURPOSES.
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WHBREAS, the Comprehensive Plan for the City of Boynton
Beach requires the development of an Annexation Program;
WHEREAS, the City of Boynton Beach, through the
Annexation Program, has identified adjacent properties that
are the subjects of agreements for water service with the
City;
-.&AS, said agreements for water service are also
considered voluntary petitions for annexation pursuant to
Florida Statutes, which can be executed by the City of Boynton
Beach at any time such properties are eligible for annexation
according to Florida Statutes;
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!; WHEREAS, said tract of land lying and being within Palm
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I Beach County is contiguous to the existing City limits of the
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WHBREAS, the City of Boynton Beach hereby exercises its
option to annex the following tract of land as hereinafter
described, in accordance with Article I, Section 7 (32) of the
Charter of the City and Section 171.044, and 171.062(2)
Florida Statutes: and
territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OP
THE CITY OP BOYNTON BEACH, PLORIDA, THAT:
Section 1: Pursuant to Article I, Section 7 (32) of the
Charter of the City of Boynton Beach, Florida and Section
171.044, Florida Statutes, the following described
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i unincorporated and contiguous tract of land situated and lying
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I and being in the County of Palm Beach, Florida, to wit:
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The North 1/2 of the Northeast 1/4 of the
Northeast 1/4 and Northeast 1/4 of the
Northwest 1/4 of the Northeast 1/4 of
Section 13, Township 45, Range 42.
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Containing 30.00 acres more or less
together with L. W. D. D. L-20 Canal
abutting North of the property.
PC # 00-42-45-13-00-000-1130
and
R/W
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Ii 1S hereby annexed to the City of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City with
the
though the
had been
and effect
force
as
same
same
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I! originally incorporated in the territorial boundaries thereof.
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Section 2:
That Section 6 and 6(a) of the Charter of the
City of Boynton Beach, Florida, is hereby amended to reflect
the
annexation
land more particularly
said
tract
of
of
described in Section 1 of this Ordinance.
Section 3:
That by Ordinances adopted simultaneously
herewith, the proper City zoning designation and Land Use
category is being determined as contemplated in Section
171.162(2) Florida Statutes.
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I competent jurisdiction to be invalid, such decision shall not
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Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
affect the remainder of this Ordinance.
Section 6:
This Ordinance shall not be passed until the
same has been advertised for two (2) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach,
Florida, as required by the City Charter and Section 171.044,
Florida Statutes.
Section 7: The effective date of this Ordinance shall be
the date a final order 1S issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be in compliance in accordance with
Chapter 163.3184, F.S.,i or the date a final order is issued
by the Administration Commission finding the corresponding
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amendment to be in compliance ~n accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit "A" and made a part
of this ordinance by reference.
Section 8: Specific authority is hereby given to codify
this Ordinance.
Sect ion 9:
This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
II
County, Florida.
FIRST READING this .J day of October, 1994.
SECOND, FINAL READING and PASSAGE this /8
day 0 f
October, 1994.
CITY OF BOYNTON BEACH, FLORIDA
c(J~'L
M~or ~
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V' Mayor I
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ATTEST:
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DOROTHY H. WILKENl CLERr\ PH C(iIJNTh Fl
Property Appraisers Parcelldentificalion (Folio) Number(s):
NOTICE OF ANNEXAI'['IION. LAND USE ELEMENT
ChANGE IN LAND uSE
CHANGE IN ZONING
AMENIMEMI'S AND
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APPLICATION #3
CITY
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CANAL C-18
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#1 PALM BEACH GOOVES PC# 00-42-45-12-02-009-0020
#2 Krl)LL~D GRO~~ PC# 00-42-45-13-00-000-1130
J3 SAUSALITO GROVES PC# 00-42-45-13-07-002-0000 ) TABLED
PC# 00-42-45-13-07-001-0000 ) TABLED
114 HFARTJ...AlID HFALTH CARE PCJ~ 00-43-45-19-05-054-0010
#5 GREENTREE PLAZA 1 PC# 00-43-45-30-01-009-0020
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
the City. Eligible properties are defined as those contiguous properties whose
owners have consented to being annexed. The five properties that met this
criteria were Palm Beach Groves, Knollwood Groves, the Epstein property a/k/a
Sausalito Groves, Heartland Health Care Center nursing home, and Greentree Plaza
I shopping plaza. All five properties are being annexed in accordance with the
annexation clause within each agreement for water service. If approved by the
City Commission for transmittal to the Department of Community Affairs, these
proposed amendments will be sent to DCA for review and then returned to the City
for adoption. This will most likely occur in November or December, 1994.
Mr. Rumpf discussed Application #1 first. He stated that this property is
occupied by the Palm Beach Groves agricultural and retail business and owned by
Loy H. Anderson, Jr. and Inger K. Anderson.
The Palm Beach Groves is an established grove business serving a market area
which likely extends to regional limits. Their seasonal operation includes the
sale of fruits and vegetables (grown both on and off the premises), container
plants, gifts and souvenirs, ice cream and other miscellaneous items. The Palm
Beach Groves also includes walking tours of the processing facility, wagon tours
of the groves, picnic tables and garden trails.
The existing land use is MR5 (Medium Residential 5) in the County. The proposed
land use is Agriculture. With regard to adjacent land uses, immediately to the
north is Dahlgren's Nursery. Farther to the north is a single family home.
Lawrence Road is to the east. Farther east is the Knollwood Groves PUD. To the
south is the L-19 canal. Farther south is the Fox Hollow community. To the
west is Homes at Lawrence.
The Comprehensive Plan Future Land Use Map does not recommend land use designa-
tions for unincorporated properties west of Lawrence Road.
The Agriculture land use classification is being proposed based upon consistency
with the existing use, and based on the description of this classification with
Policy 1.16.1. Furthenmore, this land classification is consistent with adja-
cent land uses, and annexation would be consistent with State law. Since the
proposed land use is consistent with surrounding land uses, there are few objec-
tives or policies related to this request. However, there are several issues
that should be addressed, as they describe characteristics of this site, indi-
cate consistency with the Comprehensive Plan and/or fulfill requirements of the
Florida Department of Community Affairs with respect to the review of plan
amendments.
It should be noted that based on a strict definition and application of the
City's Code of Ordinances, all aspects of the Palm Beach Groves operation may
not be penmitted within the City of Boynton Beach. Given that such character-
istics of this business will become legally nonconfonming or grandfathered in
accordance with City regulations, and since the Agriculture Zoning District is
relatively restrictive, staff recommends that the City consider the need for
code revisions which would address the different aspects of this grove business.
- 3 -
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
The Planning and Zoning Department recommends that this application submitted in
connection with the annexation program be approved based on the following:
1. The subject property is contiguous to the corporate limits;
2. The subject property lies within the City's Reserve Annexation Area;
3. The annexation of this property is consistent with the City's annexation
program; and
4. The proposed land use amendment is consistent with the goals, objectives and
policies of the Comprehensive Plan.
At this point in the meeting, Chainman Lehnertz recognized Mayor Edward
Hanmening in the audience.
Since no one in the audience wished to speak on this matter, Chainman Lehnertz
declared the public hearing closed.
Motton
Vice Chainman Dube moved to approve the. annexation of Palm Beach Groves as
Agriculture and to rezone from AR in Palm Beach County to AG. He further moved
that this is in compliance with the Comprehensive Plan. Mr. Gram seconded the
motion, which carried 6-0.
2. Project Name: Annexation Progr.. Application '2
Knollwood Groves
OWner: Knol1wood Groves, Inc.
Location: 30 acres at the southwest corner of Lawrence Road and
Knol1wood Road
Description: Request to show annexed land as Agriculture and to
rezone from AR-SE (Agricultural Residential-Special
Exception) in Palm Beach County to AG (Agriculture).
Mr. Rumpf stated that this property is occupied by the Knollwood Groves agri-
cultural and retail business and owned by Knollwood Groves Inc. The Knol1wood
Groves is an established grove business serving a market area which likely
extends to regional limits. Their year-round operation includes the sale of
fruits and vegetables (grown both on and off the premises), container plants,
gifts and souvenirs, baked goods and other miscellaneous items. The Knol1wood
Groves also includes walking tours of the processing facility, wagon tours of
the groves, picnic tables, and an exhibit of Native Amercians and Florida's
natural environment featuring arts and crafts, educational lectures, and native
animals such as the alligator, all located within a natural hammock area found
on the property.
The existing land use is MR5 (Medium Residential 5) in the County. The proposed
zoning is Agriculture. With regard to adjacent land uses, Knollwood Road/L-20
Canal is to the north. Farther north is Fox Hollow (Phase 2, which is now
referred to as Lawrence Oaks). To the east is Lawrence Road. Farther east is
Citrus Glen. To the south is Boynton Nurseries, and to the west are single
family homes.
- 4 -
MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
The Comprehensive Plan Future Land Use Map does not recommend land use designa-
tions for unincorporated properties west of Lawrence Road.
The Agriculture land use classification is being proposed based upon consistency
with the existing use, and based on the description of this classification with
Policy 1.16.1. Furthenmore, this land classification is consistent with adja-
cent land uses, and annexation would be consistent with State law.
The proposed designation represents a more restrictive land use classification
than the current County land use as fewer uses would be allowed and development
would be restricted to a lower density.
It should be noted that based on a strict definition and application of the
City's Code of Ordinances, all aspects of the Knollwood Groves operation may not
be penmitted within the City of Boynton Beach. Given that such characteristics
of this business will become legally nonconfonming or grandfathered in accor-
dance with City regulations, and since the Agriculture Zoning District is rela-
tively restrictive, staff recommends that the City consider the need for code
revisions which would address the different aspects of this grove business.
The Planning and Zoning Department recommends that this application submitted in
connection with the annexation program be approved based on the following:
1. The subject property is contiguous to the corporate limits;
2. The subject property lies within the City's Reserve Annexation Area;
3. The annexation of this property is consistent with the City's annexation
program; and
4. The proposed land use amendment is consistent with the goals, objectives and
policies of the Comprehensive Plan.
Ph1l LIS1'., Past President of COBWRA and presently the Chairman of the COBWRA
Government Affairs Committee, advised that there have been a number of citations
on this property for not confonming with the tenms of the licenses that they
have to operate. He stated that they have alligator wresting there, which is
not part of the agricultural operation. The sign code has been violated a
number of times. He felt it would be appropriate to postpone annexing this
property until such time as they come into confonmity with the rules and regula-
tions that they are supposed to be operating under. He stated that COBWRA is
interested in a quality of life in the area west of the City as it stood two or
three years ago.
Louis No", 151 Executive Circle, stated that when he moved in four years ago,
the grove was under different management and was a quiet little grove that did
not operate in the summertime. It changed hands in August, 1992 and then there
was barrage of signs up and down Lawrence Road. In February, 1992, they intro-
duced alligator wrestling. Mr. Noll said he was told by County Code Enforcement
that the alligators are grandfathered. However, Mr. Noll pointed out that they
were not there previously and that five of them have been brought up from
Broward County. Mr. Noll continued that in the season, they run a tram ride
every half hour. The loud speaker from the tram ride can be heard from his
- 5 -
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
house. In addition, a loud truck starts up every morning at 5:00 A. M. He felt
this is ruining his property value.
Joseph Cerv1er1, 141 Executive Circle, stated that we should look carefully at
whether the people that want to come into the City are the kind of pepole who
want to comply with the laws and regulations, or if they want to circumvent
them. He suggested making them disavow any benefit they might receive from a
grandfather clause.
Jerry Summers, 149 Executive Circle, stated that when he moved in four years
ago, there was a main entrance off of Kno11wood Road and there was only one
sign, indicating the entrance at Knollwood Grove. In the back, there was a dirt
lane with a gate, used for tractors. This road has suddenly been repaved and
the gate taken away and another sign has gone up, indicating that this is an
entrance. This has increased the traffic directly behind his house. He also
complained of the noise, especially the trucks early in the morning. He had no
objection to it coming into the City, but he objected to it coming in with
grandfather activities that are nonconfonming.
, ,
Joe Lizotte, 155 Executive Circle, agreed with all the other public speakers and
complained of the signs and the noise from the trucks. He explained that a year
ago April, the police had to be called at midnight because excessive noise was
coming from the grove. Apparently, a party had been going on there.
Barbara Dwyer, one of the new owners of Kno11wood Groves, has worked for
Kno11wood Groves since 1970. She stated that Kno11wood Groves is part of the
community heritage. We are a valuable asset to the community. We have always
been known for our attractions, as well as our citrus and gift shipping. We've
had elephants rides, Seminoles making their crafts, alligators, monkeys, birds,
and numerous other attractions that make Kno11wood Groves a place that people
want to visit. We offer educational tours through the groves and native ham-
mock, which is one of the few left in the area. We offer fresh vegetables and
fruit. We make juice daily and we are a charter member since 1946 of the
Florida Gift Fruit Shippers Association, which was organized to transport our
gifts north. Part of our heritage is that our first trees were planted by the
famous Amos and Andy comedy team. We are a small agricultural enterprise.
Unlike the thousand acre groves out west, we grow and retail citrus products.
Instead of mass producing the product and selling it to wholesale, we have to
have a retail market to sell our specialty products. We understand the previous
owner signed an agreement, and we are not opposed to annexation. However, we do
exist as a business as we have since 1930. We are concerned that we are
accepted into the City as the business we are. We cannot operate a business and
be successful if we cannot produce and sell our product. We need to repair and
maintain our buildings and our facilities so that we are an asset to the com-
munity. She stated that she did hold a private party last April which went
until 11:00 P. M. She apologized profusely. She apologized for the way the
media handled the alligator. Kno11wood Groves' intent all along has been
totally and consistent with an educational opportunity to explain native
Florida. The media has sensationalized it on their own. We have been working
for the last six months to change that image. It is an alligator exhibition.
- 6 -
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JUNE 14, 1994
We have school tours that come in during season every day that we take through
the groves and the native habitat. With regard to the signs, she apologized,
saying that business was not doing well. You cannot see Knollwood Groves (rom
the road. We did not know that you could not put signs on your own property.
We needed to let people know we were there. We feel at this point we have told
people we are there. We need to have business in order to survive.
Louis Noll, stated that Tropical Tours, who brought in the alligators and the
Indian village, has no permit in Palm Bech County or in Lake Worth where they
are based. Their occupational license in Lake Worth is for a construction com-
pany at that site, and they only allow one occupational license per site.
Bob Becker, has been a resident of Sunny South Estates on Gateway Bouelvard,
east of Lawrence Road, since 1985. He stated that there has been a distinct
change in the mode of operation of Knollwood Groves in the last two years.
Previously, you never knew they were there. There has been a proliferation of
signs on Lawrence Road. They also have some very amateurish signs on Gateway
Boulevard, just west of Lawrence Road.
Since no one else in the audience wished to speak on this matter, Chairman
Lehnertz declared the public hearing closed.
Mr. Winters felt Knollwood Groves is not grandfathered. He felt there needs to
be a regulation for signage. He stated that you have to apply for a permit for
signs, even if they are on your own property. If we annex them into the City
under these rules and regulations, are we getting what we get. Ms. Heyden
advised that if not permitted in the City's zoning code, they would be annexed
as legal, nonconforming uses. She advised that the Planning and Zoning
Department is trying to ascertain what exactly is penmitted in the County and
what is not.
In response to Mr. Winters, Ms. Heyden advised that the City does not allow
alligator wrestling.
In response to Mr. Winters, Messrs. Leslie, Noll, and Summers indicated that
they would not object to this property coming in as a grove.
Ms. Heyden advised that the City is very interested in annexing this property
because it is contiguous and has an impact on other properties in the next step
of the program. She believed that between now and the time this property is
formally annexed, the Planning and Zoning Department can ascertain from the
County exactly what is penmitted. She did not recommend postponing this matter.
Ms. Heyden confinmed for Vice Chairman Dube that if it is illegal today, then it
cannot be grandfathered. .
Mr. Winters asked if this is annexed tonight, does this Board get another shot
to make sure it confonms to our rules and regulations. Ms. Heyden explained
that first of all it has to go through the State, which is a lengthy process.
It would not come back before this Board. It would come back to the City
- 7 -
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JUNE 14. 1994
Commission for first and second reading of an ordinance. The ordinance will
probably not be presented to the City Commission until December, 1994.
Mr. Rumpf advised that staff has met with Mr. Noll and the property owners and
has visited the site. Staff has been infonmed by the owner that they are
calling it "exhibition" because it is not wrestling any longer. There is no
physical contact with the alligators. The alligators are there for educational
purposes. The name has been changed to describe the new use. He saw the area
and it appears that it is totally an educational aspect. The woman connected
with the wrestling aspect is no longer associated with the business.
Mr. Gram asked how many code violations the County cited and the current status
of those violations. Mr. Rumpf advised that staff has not conducted a major
investigation on this property. In speaking to one of the County Code
Enforcement Officers, the only thing that had been cited are the signs. The
owner had removed many of those nonpenmitted signs and is in the process of
penmitting those which exist now.
Mr. Weigle asked if the City would be able to enforce its sign code if this
property is annexed. Ms. Heyden advi~ed that the sign code is going to be
amended. There is currently a six month grace period for nonconfonming signs,
which will be extended for billboards only for a five year period. Any non-
billboard sign would still be required to be removed or brought into compliance
within six months after annexation. She stressed that whether the signs are
penmitted or not, after they are annexed, if they do not confonm to our Code,
they would have to be removed or brought into compliance.
Mr. Weigle asked about entrances and roadways that have been put in that mayor
may not be legal according to our codes. MS. Heyden advised that this is a Code
Enforcement issue. If they were penmitted in the County, they would be legally
nonconfonming and grandfathered.
Mr. Gram suggested reviewing the City's noise ordinance to see if the noise at
Knollwood Groves is excessive.
Motion
Mr. Weigle moved to deny this annexation proposal to annex Knollwood Groves at
this time. Mr. Gram seconded the motion. The motion carried 5-1, Chainman
Lehnertz dissenting.
3. Project Name: Annexation progr.. Appltcatton '3
Epstetn Property a/k/a Sausaltto Groves
OWner: Maurice Epstein, Trustee
Location: 31.34 acres at the northwest corner of Lawrence Road
and Gateway Boulevard
Description: Request to show annexed land as Moderate Density
Residential and rezone from RM (Multi-Family
Residential Medium Density) in Palm Beach County to
R-1 (Single Family Residential).
- 8 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
2.
for his Dedicated Servi
Mayor read a proclamation
residents a visitors of the Cit ho
Mr. Roma for being the top c ector
no with his congra tions.
ognizing the contributi of all of the
donated to Mr. Roman, , and honoring
in Palm Beach Co He presented it to
BIDS
VI. PUBLIC HEARING
~ W\OLa.--Hr-- ~ (- 5 : M i /4. (L. ~.r Ii<.
Description:
Annexation Program Application '1 - Palm Beach Groves
Loy H. Anderson, Jr. and Inger K. Anderson
19.77 acres on the west side of Lawrence Road,
approximately 1,300 feet south of Hypoluxo Road
Land Use Element Amendment/Rezoning - Request to show
annexed land as Agriculture and to rezone from AR
(Agricultural Residential) in Palm Beach County to AG
(Agriculture)
A.
Project Name:
Owner:
Location:
Tambri Heyden, Planning and Zoning Director, stated that back in March" after
receiving direction from the Commission to focus annexation efforts around the
western boundary of the City, staff came before the City Commission with a pro-
posal to annex six pieces of property. One of those properties was deleted,
leaving the five applications before the Commission this evening. All have
current water service agreements with the City, which have annexation clauses in
them.
The first application pertains to Palm Beach Groves. This is an established
grove business. She pointed out that some of the uses there are not conforming.
Their seasonal operation includes the sale of fruits and vegetables (grown both
on and off the premises), container plants, gifts and souvenirs. They also
offer walking tours of the processing facility, wagon tours, picnic tables and
garden trails. Based on the existing use, staff recommends that the land use
and zoning be agriculture. The Planning and Development Board unanimously
recommended approval of this Plan amendment and rezoning.
Since no one in the audience wished to speak in 'favor of or in opposition to
this matter, Mayor Harmening declared the public hearing closed.
Motion
Commissioner Aguila moved to approve staff's recommendation for annexation of
Palm Beach Groves, subject to all comments and recommendations from staff and
the Planning and Development Board. Commissioner Katz seconded the motion,
which carried 4-0.
- 11 -
MINUTES - REGULAR CITY COMMISS
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
Commissioner yden suggests doing
the codes. s. Heyden stated in the case of the cultural zonings,
there i verlying Compren ive Plan language t restricts the agric ral
land e to fruits and tables grown on the mises. Therefore e
C rehensive Plan w have to be changed n response to Co sioner
uila, Ms. Heyde ated that we could ow them to continu ut they would
continue as le nonconfonning uses. ommissioner Aguila uld rather have
people come i 0 the City clean an egitimate, and modify the Comprehensive
Plan, if staff thinks it is a r
Annexation Program Application 12 - Knollwood Groves
Knollwood Groves, Inc.
30 acres at the southwest corner of Lawrence Road and
Knollwood Road
Land Use Element Amendment/Rezoning - Request to show
annexed land as Agriculture and to rezone from AR-SE
(Agricultural Residential-Special Exception) in Palm
Beach County to AG (Agriculture)
Ms. Heyden stated that most of the comments staff received are from the Citrus
Glen residents. She stated that Knollwood Groves is an established grove busi-
ness. Their seasonal operation includes the sale of fruits and vegetables
(grown both on and off the premises), container plants, gifts and souveniers,
baked goods and other miscellaneous items, walking tours of the process.ing fa-
cility, wagon tours (which they charge a fee for), and an exhibit of Native
Americans and Florida's natural environment featuring arts and crafts,
demonstrations, educational lectures', and keeping of animals, such as alliga-
tors. One of the residents of Citrus Glen commented that alligator wrestling
demonstrations were being conducted on the site. Staff has investigated this
and as far as they can tell, the alligator wrestling demonstrations have been
discontinued. There also were a number of nonconfonning signs, which have
either been removed or will be pennitted to become confonning. There was also
some concern about speakers from the wagon tours and noise from the truck traf-
fic and hayride parties. Based on the use that is there, staff recommends the
agricultural zoning and land use. Staff has contacted Palm Beach County to find
out what they would consider penmitted uses and which ones are nonconfonming or
legally nonconfonming uses. Staff has not received a response yet. The
Planning and Development Board voted 5-1 to recommend denial of this proposed
amendment and rezoning, primarily based on the comments from the Citrus Glen
residents.
B.
Project Name:
Owner:
Location:
Description:
No one wished to speak in favor of this annexation.
Louis Noll, 151 Executive Circle, distributed a packet of infonnation to the
Commission. He stated that the back of his house directly faces Knollwood
Groves. He is opposed to the annexation of Knollwood Groves at this time
because after several meetings with the Zoning Department, it is his
understanding that activities not covered by existing pennits would be grand-
fathered into Boynton Beach as pre-existing nonconfonning uses. These include:
- 12 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
1. Excessive and nonconforming signs along the road.;
2. A "Hallpatee Seminole Village", which sign still appears on Lawrence Road;
3. An alligator show, which 1s illustrated and described as gator wrestling on
that same sign; and
4. A new south entrance from Lawrence Road.
He understood from Ms. Heyden and M1ke Rumpf of the Plann1ng and Zon1ng
Department that these things have not been declared illegal by the County.
Therefore, if they are brought into the City, they will be pre-ex1st1ng con-
forming uses and we can never get rid of them.
His packet of information included the following:
1. Four newspaper articles;
Mr. Noll stated that the County Code Enforcement Officer told him that all
but one sign would have to be elim1nated, which has not been done yet. The
Code Enforcement Officer also stated that Ms. Dwyer told him the alligators
were grandfathered in and that they always had alligators. However,
Mr. Noll pointed out that the February 12th newspaper article states that
the alligators were purchased in Central Florida at a meat farm and brought
to the subject property in February, six months after the property was
purchased.
2. Special Exception Zoning Resolution allowing Knollwood Groves to have a
citrus business;
3. A County Occupational License to sell produce, plants, and giftware;
4. County Building Permits for Knollwood Groves;
5. An inactive Occupational License for Tropical Wildlife Tours;
6. Lake Worth Occupational License issued for a construction business at the
address of Tropical Wildlife Tours;
Mr. Noll stated that these are the same people who brought in the alligators
and Indian Village. They have no license. It has lapsed. The Occupational
License issued at their address is for a construction company, and Lake
Worth said they will not get a license because they only give one license
per address.
7. Knollwood Groves Warranty Deed;
8. Knollwood Groves agreement with the City of Boynton Beach; and
Mr. Noll pointed out that the only agreement is with the City of Boynton
Beach for water services. There is no special agreement about alligators or
anything else.
9. County Non-Conforming Use Code and Abandonment Clause.
Mr. Noll stated that this Code says that if the use has been abandoned for
six months, it is discontinued and cannot be used. Therefore, even if it
was there in 1950, it certainly has not been there in the six months prior
to February, 1993.
- 13 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21. 1994
Mr. Noll stated that the County Code Enforcement Officer is sitting back,
waiting to see if the City will take it off his hands. Mr. Noll suggested that
if Palm Beach County has a problem, let it be worked out before bringing
Knollwood Groves into the City. He stated that at the Planning and Development
Board, Ms. Dwyer said she is trying to build a tourist attraction similar to
what it was in the 1950s. Mr. Noll pointed out that we have 1990s laws now.
Mr. Noll stated that Knollwood Groves is penmitted by Palm Beach County to
operate a citrus sales and service enterprise, to sell produce plants, and gift-
ware, and to display one sign at point-of-purchase, which is at the entrance of
the property. Mr. Noll objected to activites beyond the scope of this per-
mission, without penmission. He did not mind this property being annexed as a
grove.
Jerry Summers, 149 Executive Circle, stated that his house backs up to across
the street from Knollwood Groves. When he moved there it was a nice, quiet
little grove and traffic went in and out off of Knollwood Road, which runs along
the side. There was a dirt road used by tractors and fanm machinery. A couple
of years ago, when the grove changed hands, that dirt road was paved and a new
sign went up indicating that was the new south entrance off of Lawrence Road.
As a result, there has been a great increase of traffic behind his house,
including large refrigerator trucks that deliver produce. They all seem to
leave at 5:00 A. M. and change gears three times before they get past his house.
In addition, a fence went up and many signs are on the fence. He foun~ no
County penmits for any of this activity. He did not think it should be brought
into the City until the nonconfonming uses are resolved.
Phil Leslie, Past President of COBWRA, and present Chainman of the Government
Affairs Committee for COBWRA, stated that COBWRA is interested in the quality of
life in this area, particularly if it is on the City borderline. He stated that
this operation has not contributed to the quality of life in this area and has
repeatedly violated County Codes in their operation. He suggested postponing
annexation of this property until the owners come into compliance with the
County Codes so that the City can take it in under existing circumstances rather
than having to fight them down the road. If the Commission decides to annex it,
he strongly urged them to get a written agreement with the owners, stating that
they will comply with exactly the type of licensing the City is willing to give
them.
Since no one else wished to speak in opposition to this annexation, Mayor
Hanmening declared the public hearing closed.
Commissioner Aguila asked for confinmation that if the City annexes this prop-
erty without the owners having active licenses and penmits, it cannot be grand-
fathered in for something that is not currently active. City Attorney Cherof
confinmed that this is correct. He stated that the only confonmed uses that
come with them are legal confonmed uses.
Ms. Heyden stated that these properties would not be fonmally annexed until
December, 1994. Therefore, there is time to work with the County to detenmine
what is legal and what is not.
- 14 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
Commissioner Aguila was in favor of postponing this 'annexation until some of
these issues can be resolved.
Commissioner Katz asked if alligator wrestling has been observed on this prop-
erty since February, 1993. Mr. Noll did not know if there was alligator
wrestling; however, the sign across the street from his house says, "alligator
wrestling".
.
Commissioner Katz asked if "illegal" signs still exist on the property. To
Ms. Heydenls knowledge, there are still signs up that have not been penmitted;
however, she believes they are penmittable. She stated that if the City annexed
the property, the signs would have to be penmitted by the City or removed within
six months.
Commissioner Katz did not believe in postponing annexation of any property con-
tiguous to the City, especially property which is undeveloped. He pointed out
that once developed, the City would receive the impact fees and everything that
goes along with it.
Mr. Noll pointed out that the County Code Enforcement Officer has only acted on
some of the signs. He has not declared anything they are doing illegal. He is
waiting to see what the City will do. Therefore, if the City annexes it, every-
thing could come in. However, if it is declared illegal, the City can make the
decision to annex it or not.
City Manager Parker explained that these items go to DCA for review. The City
does not anticipate they will be back until November or December. At that
point, it will be presented to the City Commission for first reading of an ordi-
nance. Then, at second reading of the ordinance, there will be a public
hearing. Any action tonight just moves it forward to DCA to start the process.
Commissioner Katz and Mayor Pro Tem Bradley agreed it should move forward to
DCA.
Motion
Mayor Pro Tem Bradley moved to move ahead with annexation of Knollwood Groves, a
30 acre parcel at the southwest corner of Lawrence Road and Knollwood Road.
Commissioner Katz seconded the motion.
Commissioner Aguila suggested that if this motion- passes, the City spend some
time finding out the answers to some of the issues that have been raised so that
we can deal with them before the next public hearing. Commissioner Katz agreed.
Mayor Pro Tem Bradley pointed out that this gives the County some time to pursue
their end of it too.
The motion carried 4-0.
- 15 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
C. Project Name: Annexation Program Application '3 - Epstein Property
a/k/a Sausalito Groves
Owner: Maurice Epstein, Trustee
Location: 31.34 acres at the northwest corner of Lawrence Road
and Gateway Boulevard
Description: Land Use Element Amendment/Rezoning - Request to show
annexed land as Moderate Density Residential and
rezone from RM (Multi-Family Residential Medium
Density) in Palm Beach County to R-1 (Single-Family
Residential)
Ms. Heyden stated that this property is undeveloped. It has several development
approvals from Palm Beach County, the most recent one being a 164 duplex proj-
ect. The current proposal from the County does not comply with the regulations
of the R-1 Zoning District, as only single family units are pennitted within
this district. However, R-1 is being recommended as the most consistent dis-
trict with the Comprehensive Plan recommendation of five units per acre and
is consistent with the density shown on their plan of 5.2 dwelling units per
acre. Staff recommends that the owners, in anticipation of future annexation,
start preparing a request for a rezoning to PUD, since a PUD would allow the
duplexes. The property owner is using this plan for marketing purposes and does
not want this project to be held up. Ms. Heyden believes there is a very good
chance that when someone purchases this property in the future, they are going
to want to come back with their own plan anyway. The Planning and Deve.lopment
Board unanimously recommended approval of this Plan amendment and rezoning.
In response to Commissioner Aguila, 'Ms. Heyden indicated that there is no
guaranty that the property will be rezoned to PUD.
Commissioner Aguila noticed that this annexation will create a small pocket to
the east of Lawrence Road. Ms. Heyden advised that this pocket contains two
single family homes. Commissioner Aguila asked what can be done to annex that
property. Mike Rumpf, Senior Planner, advised that the total property is less
than ten acres. Therefore, staff will try to bring this back before the
Commission as an enclave.
Kevin Ratterree of Kilday and Associates represented the property owners. 'He
had no objection to the annexation or the proposed Comprehensive Land Use cate-
gory (Moderate Density Residential). He was concerned, however, that immedi-
ately upon annexation, the approval received from the County becomes noncon-
fonning because of the R-l Zoning District that 'the City is proposing. The
property owner is using this as the marketing tool and has had several prospec-
tive buyers. Mr. Ratterree stated that because we would be nonconfonning, we
would have to rezone the property to a PUD to reemphasize the exact approval
that we have today in order to modify the site plan. He advised that Mr. Kilday
met with Mr. Rumpf and City Attorney Cherof today to discuss the following
options:
- 16 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1994
1. An annexation agreement which establishes the parameters upon which we agree
to annex in, which may allow us to deem the duplex ~pproval to be confonming
with the City;
2. A standard development agreement, which likewise can have the same parame-
ters; or
3. Establish a mechanism whereby we can get the property zoned as a PUD.
In summary, Mr. Ratterree wanted to make sure that the duplex site plan approved
by Palm Beach County can continue to be approved even if some quick modifica-
tions need to be made to it. He understood this has to go through the City.s
approval process. He did not want to have to go back through the entire
rezoning process to get what is currently approved.
In response to Commissioner Aguila, Ms. Heyden believed that when this property
is sold, the purchaser is going to end up coming back for some kind of approval t
such as type of units, setbacks, road widths, buffers, etc.
If annexed, Mayor Hanmening felt this property should be annexed as a PUD.
Ms. Heyden stated that the only problem with that is the PUD requires a master
plan to be prepared and staff is not in a position of designing a master plan
concurrent with annexation.
Jeffrey Bennett, 4039 Floral Drive, was in favor of the annexation but
questioned what they are going to do with the property.
Commissioner Aguila did not want to have a site layout defined at the time of
annexation. He asked for confinmation that if annexed in as a PUD, the City is
only annexing a PUD, and that the layout is not being accepted as part of the
PUD. Ms. Heyden stated that the only thing she could identify that is incon-
sistent with City code is minimum lot size, rear setback and the type of use.
Commissioner Katz agreed with Commissioner Aguila that we should not decide
ahead of time what is going to be there. He felt the Commission should just
annex the land on the recommendation of staff and the Planning and Development
Board.
Mr. Ratterree pointed out that there is an approved development order by Palm
Beach County. Therefore, the Commission would be annexing the development order
as well. If inconsistent with the City.s Zoning Code, it would be considered
nonconfonning at that point in time.
Since no one in the audience wished to speak in favor of or in opposition to
this matter, Mayor Hannening declared the public hearing closed.
Motion
Commissioner Katz moved to accept staff's recommendation with regard to
Annexation Program Application #3, the Epstein Property a/k/a Sausalito Groves.
Commissioner Aguila seconded the motion.
- 17 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1994
Mayor Pro Tem Bradley asked if the plan for the duplexes is being accepted.
Commissioner Aguila advised that it is not. In response to Mayor Pro Tem
Bradley. Commissioner Aguila confirmed that we are just moving ahead with the
annexation. Mayor Harmening stated that at this rate. he can see what is prob-
ably going to come down, and he was not in favor of it.
The motion carried 3-1. Mayor Harmening cast the dissenting vote.
Mayor Harmening felt the City could do a lot better if it holds out.
Commissioner Aguila agr. .
D. Annexatton Pro Health
Care Center
Health Ca~ and Retirement Corporat
5.75 ac on the south side of Boynton Road.
appro ately 300 feet west of nuth Road
Description: La se Element Amendmentl ontng - Request to show
exed land as High Den y Residential and rezone
rom RM-SE (Multi-Fami Residential Medium Densi
in Palm Beach Count 0 R-3 (Multi-Family Resi
/ Ms. Heyden stated t t thi s is a 100 bed 11 ed nursi ng home spec
the care of Alzhe er's patients. Base on the recommendation
Comprehensive P n. staff proposes a gh Density Residentia nd R-3 zoning.
The Planning Development Board animously recommended proval of this Plan
amendment an rezoning. Ms. Heyd pointed out that th -3 Zoning District
does not p it nursing homes. erefore, the City w d be annexing a legal.
nonconfo ng use.
Since 0 one in the audien
thi nnexati on.
wished to speak in avor of or in opposition to
ening declared th ublic hearing closed.
Commissioner Agui
Health Care Cent
the motion, wh
1#4 _Heartl and
r Katz seconded
Description:
on IS - Greentree Plaza I
Palm ast Financial Co ration
1. acres at the nor est corner of Boynton Beac~.
B 1 evard and Knuth oad //
and Use Element ndment/Rezontng - Request ~~ show
annexed land as ocal Retail Commercial an ezone
from CG-SE (G eral Commercial-Special eption) in
Palm Beach nty to C-3 (Community C erc;al)
objections from the p erty owners on this
n. staff has selected
oject Name:
Owner:
Location:
. Heyden stated
annexation. Ba ~
- 18 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 21, 1994
Mayor Pro Tern Bradley ed if the R for the duplexes is
Commissioner Aguil vised that. is not. In response
Bradley, Commiss er Aguila co nmed that we are ju oving ahead w.
annexation. or Hanmening ated that at this r ,he
ably going come down, a he was not in favo it.
holds out.
Ma r Hanmening f the City could
Commissioner Ag la agreed.
D. Project Name: Annexation Program Application '4 - Heartland Health
Care Center
OWner: Health Care and Retirement Corporation of America
Location: 5.75 acres on the south side of Old Boynton Road,
approximately 300 feet west of Knuth Road
Description: Land Use Element Amendment/Rezoning - Request to show
annexed land as High Density Residential and rezone
from RM-SE (Multi-Family Residential Medium Density)
in Palm Beach County to R-3 (Multi-Family Residential)
Ms. Heyden stated that this is a 100 bed skilled nursing home specializing in
the care of Alzheimer's patients. Based on the recommendation of the
Comprehensive Plan, staff proposes a High Density Residential and R-3 zoning.
The Planning and Development Board unanimously recommended approval of this Plan
amendment and rezoning. Ms. Heyden pointed out that the R-3 Zoning District
does not penmit nursing homes. Therefore, the City would be annexing a legal,
nonconfonming use.
Since no one in the audience wished to speak in favor of or in opposition to
this annexation, Mayor Hanmening declared the public hearing closed.
Motion
Commissioner Aguila moved approval of Annexation Application #4, Heartland
Health Care Center, subject to all staff comments. Commissioner Katz seconded
the motion, which carried -0.
E.
- G eentree Plaza I
s. Heyden stated
annexation. Ba
ro he property owners on this
endation, staff has selected
- 18 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
Mayor Pro Te radley asked if the pla r the duplexes
Commiss;one Aguila advised that it not. In respo to Mayor Pro Tern
Bradley~ mmiss10ner Aguila con ed that we are st moving ahead with
annexa . n. Mayor Hannening ted that at thi ate, he can see w s prob-
ably ing to come down, an e was not in f r of it.
JUNE 21, 1994
Mayor Hannen; ng
Commissioner Ag
lot better
D. Annexation Program Application '4 - Heartland Health
Care Cent
Health e and Retiremen rporation of America
5.75 res on the sout de of Old Boynton d,
ap' oximately 300 f west of Knuth Roa
Description: nd Use Element ndment/Rezoning - quest to show
annexed land igh Density Resid ial and rezone
from RM-SE lti-Family Reside al Medium Density)
in Palm B ch County to R-3 ti-Family Residential)
Since no one in e audience wish 0 speak in favor or in opposition to
this annexatio Mayor Hannenin eclared the publi earing closed.
100 bed skilled n ing home specializing in
s. Based on the ommendation of the
poses a High Dens Residential and R-3
t Board unanimous recommended approva this Plan
s. Heyden pointe out that the R-3 Zo g District
homes. Therefor the City would be nexing a legal,
that this is
the care of Al . imer's pati
Comprehensive lan, staff
The Plannin and Develop
amendment d rezoning.
does no ennit nursi
non 0 nning use.
Motion
Commissioner Aguila moved approval of Annexation Application '4, Heartland
Health Care Center, subject to all staff comments. Commissioner Katz seconded
the motion, which carrie~O.
E. Project Name: Annexation Progr.. Application'S - Greentree Plaza I
Owner: Palm Coast Financial Corporation
Location: 1.20 acres at the northwest corner of Boynton Beach
Boulevard and Knuth Road
Description: Lind Use Element Amendment/Rezoning - Request to show
annexed land as Local Retail Commercial and rezone
from CG-SE (General Commercial-Special Exception) in
Palm Beach County to C-3 (Community Commercial)
Ms. Heyden stated that there were no objections from the property owners on this
annexation. Based on the Comprehensive Plan recommendation, staff has selected
- 18 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 21. 1994
a Local Retail Commercial and C-3 zoning. The Planning and Development Board
unanimously recommended approval of this Plan amendment and rezoning.
Since no one in the audience wished to speak in favor of or in opposition to
this annexation, Mayor Hanmening declared the public hearing closed.
Motion
Commissioner Katz moved to approve Annexation Program Application #5, Greentree
Plaza I, owned by Palm Coast Financial Corporation. Commissioner Aguila
seconded the motion, whic ied 4-0.
F. Boynton Lakes Plaza
Simmons & White, Inc.
Boynton Lakes Partn
Northwest corner
Lane
Description: Aba ndonmen Request to abandon
special pose utility easeme
west ner of Cuco's Resta nt
-li'k
Plaza
south-
Ms. Heyden stated that the
easement is being reques
ities have been reloca
recommended approval
various utility co
do not object to
staff will have
accordingly.
staurant encroaches e easement. Therefore, th
for abandonment. is no longer needed.
. The Planning a evelopment Board unanimo
this request, su ct to any conditions rec . ed by the
nies. Thus far, y Southern Bell has resaed and they
is request. Betw' n now and the time of th esolution,
eceived the rest the responses and can pare the ordinance
of or in opposition to
hearing closed.
the audienc ished to speak in fay
ening declared the pub
C mmissioner Aguila moved approval of staff's recommendation on the abandonment
for Cuco's Restaurant u yeasement. Commissioner Katz seconded the motion,
which carried 4-0.
Description:
00 ~ /(4-.
G. Name:
1cant:
ner:
Location:
513-515 S. E. 4th
north of S~ E.5th
ndon the par. i
s 513-515 S.
Ms. Heyden stated
abandonment is r
is a thirty f
connection with
unimproved right-of-way. The
plan approval for a
- 19 -
NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
In connection with the City's Annexation Program, the city of
Boynton Beach proposes to annex, change the use of land, and rezone
the property indicated on the map below. A public hearing on these
proposals will be held before the Planning and Development Board on
June 14, 1994, at 7: 00 P. M. at City Hall in the Commission
Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
A public hearing will also be held before the City Commission on
June 21, 1994 at 7:00 P.M. or as soon thereafter as the agenda
permits, at City Hall in the Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida.
HYPOLUXO ROA
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BOYNTON CANAL C-18
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OLD BOYNTON ROAD
--. .
APPLICATION 42 - KNOLLWOOD GROVES
LEGAL DESCRIPTION:
Knollwood Groves Inc.
No change proposed to current agricultural use
30 acres of property at the southwest corner
of Lawrence Road and Knollwood Road.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
PETITIONER:
PROPOSED:
LOCATION:
REQUEST:
REQUEST:
ANNEXATION:
AMEND FUTURE LAND USE PLAN :
From - MR5 Medium Residential 5 (County)
To - Agriculture (City)
REZONE:
From - AR-SE Agricultural Residential-Special
Exception (County)
To - AG Agriculture (City)
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED.
PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
SUZANNE M. KRUSE
CITY CLERK
A:PZG1!l:NOL,AD
...~'-
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~,
.-
RESOLUTION NO. R- 83-1422
RESOLUTION APPROVING ZONING PETITION 83-99, Special Exception
WHEREAS, the Board of County Commissioners, as the
governing body, pursuant to the authority vested in Chapter 163
and Chapter 125, Florida Statutes, is authorized and empowered
to consider petitions relating to zoning~ and
WHEREAS, the notice and hearing requirements as provided
for in Chapter 402.5 of the Palm Beach County Zoning Code
Ordinance No. 73-2 have been satisfied~ and
WHEREAS, Petition No. 83-99 was presented to the Board of
County Commissioners of Palm Beach County at its public hearing
conducted on 25th August 1983~ and'
WHEREAS, the Board of County Commissioners has considered
the eviderice and testimony presented by the applicant and other
interested parties and the recommendatons of the various county
review agencies and the recommendations of the Planning Commission~
and
WHEREAS, the Board of County Commissioners made the following
findings of fact:
1. The proposed Special Exception is consistent
with the Comprehensive Plan since the use is
related to on-site agricultural activity.
2. The proposed Special Exception can be accom-
modated to the site while meeting all property
development regulations of the zonf~~ Code.
3. Since the commercial activity is enclosed by
the existing orange grove, the proposed use
will not have any adverse impacts upon sur-
rounding properties.
"
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, assembled in regular
0,
session this 25th day August 1983, that petition No. 83-99 the
petition of KNOLLWOOD ORANGE GROVES, INC., By Dwight R. weyant, Agent,
for
. I
a SPECIAL EXCEPTION TO ALLOW A COMMERCIAL CITRUS PRODUCTS SALES AND
SERVICE ENTERPRISE on the North 1/2 of the Northeast 1/4 of the
Northeast 1/4 together with the'Northeast 1/4 of the Northwest 1/4 of
the Northeast 1/4 of section 13, Township 45 South, Range 42 East.
Said property located on the southwest corner of the intersection of
Kno11wood Road and Lawrence Road. in an AR-Agricultural Residential
District was approved as advertised subject to the following conditions:
(/'
,
,
"
~
1. This dev610pment shall retain onsite 85% of the storm
water runoff generated by a three (3) year storm per
requirements of the permit Section, Land Development
Division.
2. The developer shall contribute Three Thousand Four Hun-
dred Seventy Five Dollars ($3,475.00) toward the cost
of meeting this project's direct and identifiable im-
pact, to be paid at the time of the building permit.
commissioner
Koehler , moved for approval ,
of the petition. The motion was seconded by Commissioner
Wilken ,
and upon being put to a vote, the vote was
as follows:
Peggy E. Evatt, Chairman
Ken Spillias, Vice Chairman
Dennis P. Koehler, Member
Dorothy Wilken, Member
Aill Bailey, Member
-- ABSENT
-- AYE
-- AYE
-- AYE
-- AYE
The foregoing resolution was declared duly passed and
adop ted th is 8th
day ofNovembeJ;, 1983 , confirming action of
25th August 1983.
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
JOHN B. DUNKLE,
.) .J
,.
. ,,:
BY:
.t1Ii.,....
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.
.
.
.
.
'tI'" . ..
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
,.", .......
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~.~/-
~ounty Attorney
t. ;
orE OS/23/94 007-
FOL.IO ~l
ACTION:
BUSINESS
NAME: KNOLL.WOOO GROVES INC
OCCUPATIONAL LICENSE 11:. OP NUM
82 - 15832 CLASS: OR - 0~4 STATUS: ACTIVE
OWNER
NAME: KNOLLWOOO GROVES INC
AO[)R: SAME
CITY/ST:
ZIP:
PHONE: (
CITY LMT:
ORIGINAL. ISSUE?
* * ORIGINAL ISSUE
DATE
YR*l 08 / 09 / 93
2 09 / 14 / 92
BUS.NAME
NOTES PROOUCE/PLANTS/GIFTWARE
NOTES
OP* CERTIF*
60 ENTER CHANGES - PRESS PROPER KEY
)
1/2 YR: 11/2 YRS:
DATE: 00 / 00 / 00
MACH/RECEIPT
75 - 02788
70 - 07969
MAIL: 8053 LAWRENCE RD
CITY/ST: BOYNTON BEACH FL
ZIP: 33436 - 1601
SSN: 000 00 0000
FED ID:
PENALTY: X COLL FEE:
NUMBER OF:
AMOUNT
00030 00 LICENSE YR 93
00030 00 92
Ol,JN NAME
,_. ?4
93