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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. ij II !1 II :1 " II If d JI 'I II ;1 II I 'I !, '" II ,#.// / ,I !I :; II -fIl-L ; t" - C;fru-s C::1le~ i /1 ~f{hD if wood.. ~r1lvt:5 IF ~ PlAn! 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. I I I I I I RESOLUTION NO. R95-/c~ ,i ii !I I II ,I '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 , I 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 II '/ 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 ,I 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 ~-:=- ",,,~2 V~ce Mayor ~~~~ : ayor Pro Tern 1 ,.,--, /, f . '__ "--L~ - '. orre ATTEST: : ,I ~ ~7~A(A~/4k ~ Cit Clerk (Corporate Seal) Authsig,do~ 6/29/95 MinerRd, 't'" , ~ . '., .'.., , ~). j::l"" t~'''/l U. tin" J{ (;~~Lu0J....-;-:- l :r.J~ !',:-'~. GU~ lk~. ~/('J":-<' u 'L(l( tc:.A~ j/ .... ~J(~ .-l:...._A_1!.~. '(' RESOLUTION NO. R95-~' ,t:)UV<- t .:-- -.J.t"';U-k..1.,,~ a I.l.v... I ~i~) \y.,-. .~ 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. 'I I !I WHEREAS, Lawrence Road is a designated public road belonging to Palm Beach County; and 'I .' 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: :1 il ,I 11 :1 I 'I II 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. ,I I 11 'I PASSED AND ADOPTED this c?/ day of March, 1995. :1 " 'i II I CI~Y OF BOYNTON BEACH, FLORIDA I"" / / ",I." ,/" / /..,;.... I. III ' (" I / / c'",,"""-, {. ",' ( l 1( , ,-,.. t '" / .. l'" I Mayor / xI.~ ~or -:i~~-B- , _ 'C (<.:.....) /",/",1 />Z....... , " Commissioner , , /,,' . J r lj L. (';t. \ "~fe_ - conuni ipner :J i .1 ATTEST: ~/a-~'1JtU, ~ ~~<2L-- : Ci~y Clerk I Authsig,doc Support. Lawr.nce Road 3/17/95 · r. I -.. 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) \ ~ ~~,- .........,... c;;- ." 's '~ 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 ~~ ~. . . -"- - '-- " MINUTES - REGULAR CITY ~1MMISSION MEETING BOYNTON BEACH. FLORIDA OCTOBER 18. 1994 I Attorney Cherof advised that' there was a change in Section 3 which does not affect the title. He read that Section. ! ,./ There was no one present to speak on publ;~ hearing. Motion " , 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. i 'f 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 " f 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. . .J 4. Proposed Ordinance Mo. 094-34 Ile: Rezoning - Palm Beach Groves ~ .: ,: City Attorn.y Cherof read Proposed Ord1nance No. ei4-34 by title only. ) \ ~ : ,,~ There was no one P!esent to speak on public hearing. ~ . " ,t ;; ~: 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. - 23 - ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA .." 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. - 24 - i: ,I 1/ II 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 I i Revised Zoning Map was adopted for said City; and I I WHEREAS, the City Commission of the City of Boynton I I) Beach, Florida, in accordance with the Annexation Program, is II simultaneously herewith adopting an Ordinance annexing a il certain tract of land; and 11 Ii II (I II I' I I I 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 I' I I I I I il :i :1 : ~ 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. I, Ii I 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 !I iI ,I ,I 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. I I 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 C (Corporate Seal) II,IIIaLUlI.QIU) 9/28/94 ;/ ,I :! I I I I 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. I II I, I 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. i Containing 30.00 acres more or less and together with L. W. D. D. L-20 Canal R/W abutting North of the property. " , Section 2: That any maps adopted in accordance with the i Future Land Use Element of said Comprehensive Plan shall be amended accordingly. I Section 3: All ordinances or parts of ordinances 1n I I 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. :: i I the I I I I , 'I 11 11 1\ II II 'I I II , 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 ~ '? --I .1. "V ~A Mayor c ATTEST: ~~Qx~~<1L__ C1. Clerk .............- (Corporate Seal) A;KNOLLLU.ORD :i 'I !. ORB 6515 rs 1 B - -.. .... " .; ...;. ( ORDINANCE NO. 094-~ i il 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. " , I I II 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; I II II II !; WHEREAS, said tract of land lying and being within Palm :1 II I Beach County is contiguous to the existing City limits of the ;1 i City of Boynton Beach, Florida and will, upon its annexation, ,I ! constitute a reasonably compact addition to the City 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 "RP. v,..' '. s 1 c::;:" 1 B .-:-' Z: ...J' -r r9 ~.~: i d ~ i i unincorporated and contiguous tract of land situated and lying I I and being in the County of Palm Beach, Florida, to wit: .1 " 'I ,I 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. i I :1 I. I 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 Ii 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 i I I! originally incorporated in the territorial boundaries thereof. Ii i i ,I 'j I I I I 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. I I I I I I I I competent jurisdiction to be invalid, such decision shall not Ii j' I 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 II -RD U i.,' ,)51~:; Ps 1829 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 ~ ~~~ V' Mayor I ~ ATTEST: ~,9;r_~~ Ci Clerk Mayor Pro (Corporate Seal) ...: ....... . ClIlID 9/28/94 (ii,";,P. 8 ~ 1 ~ - p,., 'i 8 -i: ri _ ... _z _ r ~..l. 10-" ~ 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 ~ONINGS J'iYPOLUXO...BOAD 'I . w > c en w a: APPLICATION #3 CITY LNITS-'" CANAL C-18 Q) [ o [ r #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 ,., c g ~ ~ > w a: (,) ~ ~ co 5 UJ a: J; ~ ~ j z 0 -J (.)1 ~ , < (.) ci ci ~ -i ~Y CITY LIMITS- BOYNTON CANAL C-18 CD 4f -.... ""....."..G \'pf. 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 ...~'- ,,' ~, .- 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.,.... ~ '\ \, . . . . . 'tI'" . .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,.", ....... , .. " ~ . .. ~ ~ , ' .~ ,. ,\ ' ...' ~.~/- ~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