REVIEW COMMENTS
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PLA{~I\(il,G DEPT.
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TO:
Mr. Carmen Annunziato
Planning Director
DATE: November 9, 1987
FROM: Betty S. Boroni
City Clerk
RE: Planning & zoning Board
Meeting of December lO, 1987
Attached please find copies of the following notices scheduled
to be advertised for the December 10, 1987 Planning & zoning Board
meeting:
Notice of Rezoning Change and Notice of Land Use Change
(Watersedge/Shooters of Boynton Beach)
1!fr~'
Betty . Boroni
BSB/aa
attachment
cc: City Manager
MEMORANDUM
2 December 1987
TO:
Chairman and Members
Planning and Zoning Board
FROM:
Carmen S. Annunziato
Planning Director
RE:
Request for an amendment to the Future Land Use Element
Element of the Comprehensive Plan and Rezoning -
Shooters of Boynton Beach, Inc. and Watersedge
Introduction
The City of Boynton Beach in April of 1987, proposed that the
lands which are the subject of this request (see attached
location map), be rezoned from C-3 Community Commercial to R-3
MUlti-Family Dwelling residential. The purpose of this request
was to implement a change in land use which appeared on the
adopted Future Land Use map but which was not discussed in the
text of the Evaluation and Appraisal report. Given this
inconsistency, the potential for a successful legal challenge to
the City's adoption of a rezoning ordinance was considered great.
Therefore, a decision was made to reapply for an amendment to the
Future Land Use Element of the Comprehensive Plan from Local
Retail Commercial to High Density Residential and to rezone from
C-3 Community Commercial to R-3 MUlti-Family Dwelling
residential.
Surrounding Land Use and Zoning
To north of the subject properties lies a vacant lot zoned C-3
Community Commercial and further to the north is the Shooters
nightclub. East of and adjacent to the subject properties is the
remainder of Lots 8 and 9 of Sam Brown Junior's Hypoluxo
Subdivision and the Watersedge residential development. The
remainder of Lots 8 and 9 are vacant, and Watersedge is a
mUlti-family townhouse development. Further to the east is the
Intracoastal Waterway.
To the south of the subject properties is an adult entertainment
establishment and further to the south is the City's Boat Ramp
Park. To the west of the subject properties is the right-of-way
for US-1 and further to the west is the Florida East Coast
1
Railroad right-of-way. In all instances, the land use category
is consistent with the zoning.
Land Use Element Amendment and Rezoning
This request for an amendment to the Future Land Use Element of
the Comprehensive Plan and Rezoning is being processed consistent
with the requirements of Chapter 163.3l84 FS and Section 9C of
Appendix A Boynton Beach Code of Ordinances. Section 9.C.7. of
Appendix A requires the preparation of a report which evaluates
requests of this sort in terms of consistency with Comprehensive
Plan policies, impacts on surrounding areas and the availability
of public facilities to serve the site. In this regard, the
section of the report which follows will evaluate this proposal
against the criteria listed in 9.C.7. This report will also
include the information required by Section 9.C.4.g. and 9.C.4.h.
for land use amendment and rezoning applications. For the
evaluation of impacts, only the vacant portion of the property
covered by the application (the northern 2.5 acres) was
considered, since the impacts generated by the developed portion
would not change as a result of this rezoning. It is assumed
that, under the C-3 zoning, approximately 24,000 square feet of
retail floor space would be developed, whereas under R-3 zoning
(lO.8 dwellings per acre) 27 multi-family units would be built.
Evaluation of Request
1. Whether the proposed rezoning would be consistent with
applicable comprehensive plan policies. The planning
department shall also recommend limitations or requirements
which would have to be imposed on subsequent development of
the property, in order to comply with policies contained in
the comprehensive plan.
Comprehensive Plan policies applicable to this request are as
follows:
1. "Centralize and cluster high density residential
development around "activity centers" created by arterial
crossroads and in other areas of high accessibility", and,
2. "In areas where demand for commercial uses will not
increase, encourage the development of vacant parcels for
residential and other uses."
3. "Eliminate existing and potential land use conflicts."
4. "Encourage the development of commercial and industrial
land where accessibility is greatest and where impacts to
residential uses are minimized."
The demand for commercial uses along the east side of US-l has
diminished in the past few years. This is evidenced by the large
number of vacant commercial parcels available for sale, the lack
2
of maintenance at existing developed commercial centers, the
large turnover of commercial uses at existing shopping centers
and the diminished role of US-l as a commercial arterial as a
result of the population center shifting to the west. Given
these considerations, it is suggested that policy number 2 above
requires the City to consider changes in land use where these
conditions occur.
The appropriateness of this request is, in fact, supported by the
existing land use pattern. Currently, more than 2200
multi-family units have been constructed east of US-l, with
several hundred additional units constructed west of US-I. The
fact that these units exist, and given the accessibility afforded
by US-l suggests that this request is consistent with applicable
comprehensive plan policies. In addition, the existence of Lake
Worth remains a strong attraction for residential development.
2. Whether the proposed rezoning would be contrary to the
established land use pattern, or would create an isolated
district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual
property owner as contrasted with the protection of the
public welfare.
As stated in paragraph 1 above, the predominate existing land use
on the US-l corridor is multi-family residential development.
This land use pattern is interrupted in the area of the Central
Business District. Additionally, this proposal would not create
a zoning district unrelated to similar zoning districts as the
properties directly east and west are similarly zoned, and this
request would not constitute a grant of special previlege as the
request is proposed by the City.
3. Whether changed or changing conditions make the proposed
rezoning desirable.
Conditions in the area have changed considerably over the last
ten years. The property occupied by Shooters was previously a
dry storage marina and the property south of Shooters has been
rezoned to prohibit general commercial land uses. In addition,
the housing development known as Watersedge which consists of 43
townhouses was developed and the City has purchased land and
redeveloped Boat Ramp park. These changing conditions lend
support to this request as the area has been upgraded in terms of
land use.
4. Whether the proposed rezoning would be compatible with
utility systems, roadways, and other public facilities.
Public utilities and roadway capacity in this area are adequate
to serve this proposed change in land use and zoning. If
approved, this proposal would reduce the potential impact on
roadway systems as trip generation rates for commercial uses are
greater than for residential land uses.
3
If the property were to be developed for retail use, under the
existing C-3 zoning, about 2,780 vehicle trips per day could be
anticipated, whereas development under the R-3 regulations (10.8
dwellings per acre) would generate approximately 165 trips per
day. Since there is no site plan accompanying this application,
it is not possible to analyze the turning movements that would
occur in the vicinity.
Both water and sewage flows would increase if the property were
to be rezoned. Water demand would be approximately 3,000 gallons
per day, if the vacant property were to be developed for retail
use, whereas the water demand generated by residential
development would be 10,125 gallons per day. Sewage flows would
be 2,400 gallons per day for retail development, and 8,100
gallons per day for residential development.
Approximately 60 employees could be anticipated at a 24,000
square foot shopping center. By comparison, it could be
anticipated that 27 multi-family units would have a population of
58 persons.
5. Whether the proposed rezoning would be compatible with the
current and future use of adjacent and nearby properties, or
would affect the property values of adjacent and nearby
properties.
The current and future use of land on properties east, south and
west of the subject parcels is the same as the land use and
zoning requested with the exception of the adult entertainment
facility located on a small parcel to the south. This use is,
however, non-conforming. To the north is a tract of land zoned
C-3 Community Commercial and the potential for a land use
conflict exists. This incompatibility can be overcome by
designing the C-3 parcel to limit the generation of noise, odor
and glare to the northern portions of the C-3 lot. Additionally,
a wall would be required to separate the two uses.
6. Whether the property is physically and economically
developable under the existing zoning.
The ability to develop this property economically is debatable.
Although no market studies have been performed, the trend in the
area has been toward disinvestment at existing shopping centers,
inability to sell vacant parcels at commercial rates and a high
rate of turnover among retail outlets. However, given the size
of the vacant, non-residential portion of these parcels, (2.5
acres) the land could be developed into approximately 24,000
square feet of gross retail floor area.
7. Whether the proposed rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the
city as a whole.
4
CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Beach, FL 33435
(305) 734-811l
OFFICE OF THE PLANNING DIRECTOR
December 11, 1987
CE~TIFIED MAIL
Patricia A. Rathburn, Esq.
Ackinson, Jenne, Diner, Stone & Cohen
P.O. Drawer 2088
Hollywood, FL 33022
Re: Watersedge and Adjacent Parcel
Dear Ms. Rathburn:
The purpose of this letter is to inform you that on December 17,
1987 at 7:30 p.m., there will be a meeting of the City Commission
to discuss the above-referenced land use element amendment/
rezoning. A copy of the staff report and the legal advertisement
are enclosed for your convenience.
If you have any questions concerning this, please do not hesitate
to call.
Yours very truly,
CITY OF BOYNTON BEACH
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CARMEN S. ANNUNZIATO, AICP
PLANNING DIRECTOR
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Enclosures
cc Central File
CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
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(305) 734-8l11
OFFICE OF THE PLANNING DIRECTOR
December 21, 1987
Mr~ Ralph Hook
Florida Department of Community Affairs
Bureau of Local Resource Planning
2571 Executive Center Circle, East
Tallahassee, FL 32399
Dear Mr. Hook:
Accompanying this letter you will find materials which are
related to a Comprehensive Plan Amendment for the City of Boynton
Beach. This plan amendment was considered by the Planning and
Zoning Board, sitting as the Local Planning Agency, and also by
the City Commission, at public hearings which were held after due
public notice. The City Commission of Boynton Beach has approved
the transmittal of these plan amendments to the Department of
Community Affairs.
With respect to the July 1986 Technical Memo (Volume 1, No.2),
which outlines the procedure for submitting Comprehensive Plan
Amendments, including information to be made a part of the letter
of transmittal, please be advised of the following pertaining to
the Comprehensive Plan amendment for "Water's Edge and Adjacent
Parcel:"
1) A public hearing for this request was held before
the City Commission on December 17, 1987, at which
time the Commission approved this request for
transmittal to the Department of Community Affairs.
Mr. Ralph Hook
December 21, 1987
Page -2-
2) The land use amendment request included in this
transmittal represents the second set of amendments
for calendar year 1987.
3) Not applicable.
4) Not applicable.
5) Timothy Cannon
Senior City Planner
City of Boynton Beach
200 North Seacrest Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
(305) 738-7490
With respect to the technical requirements outlined for Land Use
Amendments in the July, 1986 Technical Memo, please be advised of
the following:
1) The present and proposed land use for this amendment
is outlined in the staff report and Notice of Public
Hearing.
2) The location and size of the property is outlined
in the staff report. The Notice of Public Hearing
includes a location map for this property.
3) The surrounding land use is outlined in the staff
report.
4) Not applicable
5) A discussion of the compatibility of the proposed
land use amendment with the land use element
objectives and policies, and with those of other
affected elements is contained within the staff
report. In addition, you will find one blue-
print copy and ten (10) photocopies of the Future
Land Use Element.
6) Not applicable.
Mr. Ralph Hook
December 21, 1987
Page -3-
7) Other available staff information which further
explains the amendment is contained within the
enclosed copies of the original agenda packet.
If you have any questions concerning this plan amendment or
require further information, please contact Mr. Cannon at the
address and telephone number previously provided under item
no . 5.
Very truly yours,
CITY OF BOYNTON BEACH
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CARMEN S. ANNUNZIATO, AICP
PLANNING DIRECTOR
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Attachments
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MEMORANDUM
"7,
15 March 1988
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Watersedge Land Use Element Amendment
and Rezoning Ordinances
Accompanying this memo you will find a packet of information
received by this office from the Department of Community Affairs
relative to the referenced topic. All extraterritorial
reviews are now complete and this item can move forward to
Ordinance adoption. Please advise the City Attorney to prepare
Ordinances to implement these changes.
c~~_z
CARMEN S. ANNUNZ TO
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE' TALLAHASSEE, FLORIDA 32399
Governor
March 1, 1988
THOMAS G. PELHAM
Secretary
BOB MARTINEZ
Mr. Carmen S. Annunziato, AICP
Planning Director
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33435
Dear Mr. Annunziato:
The Department of Community Affairs, pursuant to Section
163.3184, Florida Statutes, has reviewed the December 21, 1987
proposed amendment to the comprehensive plan for the City of
Boynton Beach.
Our review of the proposed amendment to the Land Use Element
of the comprehensive plan indicates that it is consistent with
the provisions of Section 163.3177, Florida Statutes, which were
in effect prior to October 1985. Comments from the Treasure
Coast Regional Planning Council and the Palm Beach County
Planning Department are included for your consideration or use
during the amendment process.
Once the adoption process is completed, the Department
requests a copy of the amended plan, pursuant to Section
163.3187(3), Florida Statutes. If we may be of additional
assistance, please call Mr. James E. Truesdell at 904-487-4545.
Woody Price, A CP, Director
Division of esource Planning
and ManagemeiID "PCPI", TTi~\
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MAR 1 4 19RP
Enclosures
PLANNil~G
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cc: Treasure Coast Regional Planning Council
Palm Beach County Planning Department
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
Boar:d of County Commissioners
County Administrator
Jan Winters
Carol A. Roberts, Chair
Kenneth M. Adams, Vice Chairman
Karen T. Marcus
('ami J. Elmquist
Dorothy Wilken
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Department of Planning, Zoning & Building
John A, Loh",,,
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January 26,
1988
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Mr. Ralph Hook
Department ox Community Axxairs
2571 Executive Center Circle, East
Tallahassee, FL 32399
RE: City ox Boynton Beach Comprehensive Plan Amendment (bA9)
Dear Mr. Hook:
The Palm Beach County Planning Division has reviewed the proposed
amendment xrom the City ox Boynton Beach. The request is for
amending the land use plan xrom local retail commercial to high
density residential on 3.75~ acres of land located on the
east side ox U.S. 1, approximately 1.75 miles south of Hypoluxo
Road. Based on the information provided the amendment does not
appear to adversely affect the goals and objectives ox the County
Comprehensive Plan and is not expected to have any adverse
impacts on the County.
Please be advised that these comments represent the staxx
analysis ox the proposals. It should be noted that the Board of
County Commissioners has not taken an official position on is
amendment.
Should you require any further clarification or inxormation,
please contact this office.
Respectxully,
S4---
Stan Redick,
Planning Director
SR:RWW:jx FILE: J5,HOOK119
cc: Sam Shannon, Assistant County Administrator
Dan Cary, Executive Director ox Treasure Coast Regional
Planning Council
Board ox County Commissioners
Carmen Annunziato, Planning Director
Teresa P. Cantrell, Metropolitan Planning Organization
3400 BELVEDERE ROAD
WEST PAI"M UEACH, FLORIDA 33406
(305) 47 I -3520
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February 4, 1988
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Mr. Ralph K. Hook
Department of Community Affairs
Bureau of State Planning
2740 Centerview Drive - The Rhyne Building
Tallahassee, Fl 32399
Subject: City of Boynton Beach local Government Comprehensive
Plan Documents
Dear Mr. Hook:
Council staff has completed its review of the City of Boynton Beach land
use amendment in accordance with the requi rements of the Local Government
Comprehensive Planning and Land Development Regulation Act, Section
163.3184(1)(c) and (2), Florida Statutes, and has prepared comments for
Council consideration. These comments will be presented to Council at its
next regular meeting on February 19, 1988. However, because the 45-day
review period expires on February 4, 1988, Council's adopted comments
cannot be transmitted to you by this date. In situations when this occurs,
Council has directed staff to transmit staff's recommended comments to the
Department of Community Affairs within the 45-day period. Immediately
following the meeting the comments, as finally approved by Council, will be
forwarded to the Department of Communi ty Affairs for transmittal to the
local government. Staff's recommended comments are attached.
If you have any questions or comments, please call me.
PGM : 1 9
Enclosure
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daniel m. carv
executive director
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TREASURE COAST REGIONAL PLANNING COUNCIL
M E M 0 RAN DUM
To:. Council Members
From: Staff.
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Date: February 19, 1988 Council Meeting
Subject: Local Government Comprehensive Plan Review -
Amendments to the City of Boynton Beach Future land Use Element
Introduction
Pursuant to the provlslons of the Local Government Comprehensive Planning
and Land Development Regulation Act, Chapter 163, Florida Statutes, the
Council must be provided an opportunity to review and comment on
comprehensive plan amendments prior to their adoption. The City of Boynton
Beach has submitted proposed amendments to the State Department of
Community Affairs, which in turn is seeking Council's comments.
Council's review of the information forwarded by the Department of
Community Affairs is in the context of the relationship of the proposed
amendments to the regional policy plan developed pursuant to Section
186.507. If a conflict with adopted plans or policies is identified, the
regional planning agency is to specify any objections and may make
recommendations for modifications. Council also provides informal comments
to the local government through a spirit of cooperation, and technical
assistance on matters related to the proposed amendments. These advisory
comments are aimed at providing coordination between the local and regional
comprehensive plans.
Background
The City of Boynton Beach is considering one amendment to the Future land
Use Element. The proposal is to change the land use designation from local
Retail Commercial to High Density Residential on a 3.7 acre parcel located
on U.S. Highway 1 (see map).
Evaluation
The proposed amendment has been revi ewed in accordance wi th the
requirements of Chapter 163, Florida Statutes, Council's review procedures,
and Council's adopted plans and policies. The following comment is offered
as a result of that review.
Based on the information provided, the proposed amendment does
not appear to be in conflict or inconsistent with the policies
contained in the Regional Comprehensive POlicy Plan.
Recomnendation
Cou.nci 1 shou 1 d adopt the comment outl i ned above and approve its transmi tta 1
to ~t, the State Department of Community Affairs in fulfillment of the
req~irements of Chapter 163, Florida Statutes.
Attachments
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NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
-
The City of Boynton Beach proposes to change- the land use and
rezone the land wi thin the area shown on the map in this
advertisement.
Public hearings on these proposals will be held before the
Planning and Zoning Board on December la, 1987 at 7:30 p.m. .in
the City Commi.ssion CJambers at Pineland Plaza, 211 South Federal
Highway, Boynton Beach, Florida.
Public hearings on these proposals will also be held before the
City Commission on December 17, 1987, at 7:30 p.m., or as soon
thereafter as the agenda permits, in the Commission CJambers at
Pineland Plaza, 211 South Federal Highway, Boynton Beach,
Florida.
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METROPOLITAN r'LANNING ORGANIZATION
OF
PALM BEACH COUNTY
160 Australian Avenue. SUite 301. West Palm Beach. Florida 33406 Tel (305) 684.4170
~
J a ~,u a r y 1 4, 1 988
Mr. Peter Merritt
Regi anal Pl anner
Treasure Coast Regional Planning Council
P.O. Box 1529
Palm City, Florida 34990
Subject: City of Boynton Beach-Proposed land Use Amendment
Dear Peter:
The Metropolitan Planning Organization (MPO) staff has
reviewed the proposed land use amendment submitted by the City
of Boynton Beach. The proposed amendment does not appear to
be in conflict or inconsistent with the adopted MPO goals or
objectives.
Sincerely Yours,
.---:--
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Teresa P. Cantrell
cc: S. Philp
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POBox 2429. West Palm Beach, Florida 33402-2429
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County Administrator
Jan Winlers
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A.. Roberts, Chair
lIleth M. Adams, Vice Ch,urman
Karen T. Marcus
Carol J. Elmquist
Dorothy Wilken
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Department of Planning, Zoning & Building
John A. Lehner
Execulive Director
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January 26, 1988
Mr. Ralph Hook
Department oz Community Azzairs
'2571 Executive Center Circle, East
Tallahassee, FL 32399
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RE: City ox Boynton Beach Comprehensive Plan Amendment (GA9)
Dear Mr. Hook:
The Palm Beach County Planning Division has reviewed the proposed
amendm~nt zrom the City oz Boynton Beach. The request is for
amending the land use plan xrom local retail commercial to high
density residential on 3.75~ acres ox land located on the
eastside ox U.S. 1, approximately 1.75 miles south of Hypoluxo .
Road. Based on the inzormation provided the amendment does not
appear to adversely azxect the goals and objectives ox the County
Comprehensive Plan and is not expected to have any adverse
impacts on the County.
Please be advised that these comments represent the stazz
analysis oz the proposals. It should be noted that the Board of
County Commissioners has nat taken an official positi n on is
amendment.
Should you require any further clarification or information,
please contact this ozfice.
Respectfully,
'i4
Stan Redick,
Planning Director
SR:RWW:jf FILE: J5\HOOK119
cc: Sam Shannon, Assistant County Administrator
Dan Cary, Executive Director oz Treasure Coast Regional
Planning Council
Board oz County Commissioners
Carmen Annunziato, Planning Director
Teresa P. Cantrell, Metropolitan Planning Organization
3400 IJELVEDIi:RE ROAD
WEST PALM BEACH, FLORIDA 33406 . (305) 471-3520
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