LEGAL APPROVAL
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RESOLUTION NO. R-8S-179
RESOLUTION OF.THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE CITY OF
BOYNTON BEACH TO REZONE PROPERTY AFTER ANNEXATION,
PURSUANT TO ~171.062, FLORIDA STATUTES, AND CITY OF
BOYNTON BEACH RESOLUTION NO. -84-0000.
WHEREAS, by its Resolution No. 84-0000, the City of Boynton
Beach has requested permission from the Board of County Commissioners o~
Palm Beach County to Rezone the property described therein after
Annexation of same into the Corporate Limits of the City; and
WHEREAS, the property is currently zoned AR-Agricultural
Residential and is subject to County Land Use Controls; and
WHEREAS, the City proposes to rezone the parcel to PUD-Planned
:.Unit Development with a land use intensity of five (S) dwelling units per
acre (low density residential); and
WHEREAS, the Comprehensive Land Use Plan identifies the subject
,;site as having a Low to Medium Residential Land Use designation, allowing
- for three units per acre in a standard subdivision and five units per
acre in a Planned Unit Development; and
WHEREAS, the Zoning proposed by the City of Boynton Beach is
, consistent with the County's Land Use Designation of Low to Medium
, . Res iden t ia1 ; and
WHEREAS, the Planning, Zoning, and Building Department has
reviewed t~ request and has determined that the proposed rezoning is
consistent with the Comprehensive Land Use Plan designation of Low to
Medium Residential for the subject site and will not have a significant
impact upon County systems, as outlined in the January 2S, 1985
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memorandum from the Planning Division, 'attached hereto and made a part
hereof; and
WHEREAS, the Intergovernmental Coordination Element Section of
the Palm Beach County Comprehensive Land Use Plan (Ordinance 80-8, as
amended by Ordinances 81-Z7 and 82-26) provides that the Board of County
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Commissioners may find the proposed waiver request compatible with the
Comprehensive Plan if the uses and/or densities proposed will have no
significant impact upon County Systems, or such effect is mitigated by
compliance with the Performance Standards; and
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WHEREASt Florida Statutest f171.062t requires that when a City
desires to rezone property which was previously subject to County Land
Use Controlst that the City must request and receive permission for such
change from the Board of County Commissioners of the respective County;
NOW t THEREFORE t BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTYt FLORIDA, THAT:
1. The foregoing recitals are hereby affirmed and ratified.
2. This Board finds that the rezoning proposed by the City of
Boynton Beach will have no significant impact upon County Systems.
3. The request of the City of Boynton Beach, in its Resolution
No. 84-0000, attached hereto and made a part hereof, is hereby approved.
The foregoing Resolution was sponsored by Commissioner
'Snillias
who moved for its adoption. The motion was seconded by
Commissioner
Marcus
, and, upon being put to a vote, the vote was
as follows:
KEN ADAMS, CHAIRMAN
KAREN T. MARCUS, VICE CHAIRMAN
KEN SPILLIAS
JERRY L. OWENS
DOROTHY H. WILKEN
AYE
AYE
-AYE
AYE
AYE
The Chairman thereupon declared the Resolution duly passed and
adopted this 5th day of February, 1985.
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS.
!~BNKh~
JOHN B. DUNKLE. Clef!)
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ORDINANCE NO. gf-57
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, ~1ENDING
ORDINANCE NO. 80-19 OF SAID CITY BY ZONING
A CERTAIN PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN WHICH IS BEING SHmLTANEOUSLY
HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH,
FLORIDA, BY ORDINANCE AS PLANNED UNIT
DEVELOPMENT WITH A LAND USE INTENSITY OF
5.00; PROVIDING A SAVINGS CLAUSE; REPEALING
PROVISIONS, AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 80-19 in which
a Revised Zoning Map was adopted for said City; and
w~EREAS, the City Council of the City of Boynton Beach,
Florida, simultaneously herewith adopted an Ordinance annexing
a parcel of land more particularly described herein into the
City limits of said City; and
WHEREAS, the owners and agents of the property have
requested the above-mentioned zoning classification; and
WHEREAS, the Planning and Zoning Board of the City of
Boynton Beach, Florida, has heretofore approved said development
and has recommended approval thereof; and
WHEREAS, the City Council deems it in the best interests
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of the inhabitants of said City to amend the aforesaid Revised
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II Zoning l~ap as hereinafter set forth.
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I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
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THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the following described land, located
in the City of Boynton Beach, Florida, be and the same is hereby
zoned Planned Unit Development (PUD) , with a land use intensity I
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(LUI) of 5.00, which intens~ty is determined to be appropriate - I
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under the circumstances represented to the City in said application
and is conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida. Said land is more particularly described
as follows:
The east ~ of the west ~ of the northwest
~ of the northeast ~ and the west ~ of
the east ~ of the northwest ~ of the north-
east ~ of Section 7, Township 45 south,
Range 43 east, Palm Beach County, Florida,
less the north 108 feet thereof. SUBJECT
TO easements, reservations, restrictions
and rights-of-way of record. Said parcel
containing 17.695 acres, more or less.
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Section 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly.
Section 3: That the application of the owners and agents
of the subject property for rezoning is hereby granted for the
purpose of permittinq the development of said land as a Planned
Unit Development (PUD), specifically in accordance with the
development plans and specifications therefor now on file with
the Office of the City Planner in the City of Boynton Beach,
Florida, and all requirements, terms and conditions established
and set forth in the minutes of the Planning and Zoning Board
and the City Council of the City of Boynton Beach pertaining to
the review and approval of said application, which minutes are
hereby made a part hereof for reference, and staff comments are
attached hereto as Exhibit "A".
Except as provided herein, the applicants shall proceed
in strict accordance with all Ordinances of the City of Boynton
Beach, including but not limited to, its building, electrical,
plumbing, subdivision, planning and zoning codes, and all ruies
and regulations of the State of Florida, Department of Environ-
mental Regulation. In satisfaction of the recreation dedication
requirements of the City Code, this approval incorporates a payment
by the owner of the subject parcel consistent with the Planning
II and Zoning Board approval.
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Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of thi,s Ordinance.
Section 6: This Ordinance shall become effective
immediately upon passage.
FIRST READING THIS
J~
day of j)e{!eH1ber
1984.
SECOND READING AND FINAL PASSAGE this
r-.2 n d
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day of
dIX.YI !
, 1985.
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~HE CI~Y OF BOYN~ON BE~CH, F1DRID~
t4A'iOR
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOV&~BER 20, 1984
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PUBLIC HEARING
Approve request to annex, rezone and amend the land use
element of a 17.7 acre tract of land currently vacant
and undeveloped to permit the development of a planned
unit development to be known as Lakes of Hypoluxo on the
south side of Hypoluxo Road, l506 feet west of Congress
Avenue. These requests were submitted by Richard
Whalen, agent for Walter H. Janke.
Mr. Annunziato informed the Council this is a request to
annex, rezone and amend the land use element to show annexed
land as low density residential and he explained the loca-
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 20, 1984
tion. He further explained that this property meets the
Comprehensive Plan conditions for annexation. He told about
the development planned. Comments from the city staff have
been submitted. Included in his comments are the comments
from the County Traffic Engineer. As proposed, the number
of units exceeded the low density category: however, with the
criteria placed, the applicant will drop under and fall into
the land use category.
Mayor Zimmerman referred to the other two pockets in this
area annexing and Mr. Annunziato replied that he did notify
the property owners to the east and west. He did have a
followup conversation with the property owner to the east,
who has a nursery, and he was not interested in annexation,
but does recognize his future is with the city of Boynton
Beach. The property owner to the west had very little com-
ment. Mr. Annunziato continued that Hypoluxo Road does form
the north limits of the reserve annexation area and the
city wraps around on the south and goes to Lawrence Road.
Councilman Warnke referred to this presently being agri-
cultural and Mr. Annunziato agreed that is the present
"r;:;,),;~;.<"zoning, but it is not being used for agriculture purposes.
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"-. 'Councilman Cassandra questioned if the increase in frontage
to 55 ft. would still allow 87 units and Mr. Annunziato
informed him it would decrease to 75 units and approval is
recommended subject to staff comments. Mr. Chris Hurst,
Paramount Engineering Group, showed a print with the 55 ft.
lot frontages requested and pointed out the number of lots
would be 78 with a gross density of 4.4. Councilman
Cassandra asked if he was in agreement with all the staff
comments and Mr. Hurst replied affirmatively as he doesn't
believe anything will present a problem.
Mayor Zimmerman ascertained there was nobody present in the
audience wishing to speak either in favor or opposition to
this request.
Councilman Cassandra moved to approve this based on the
Planning & Zoning Board's unanimous recommendation subject
to staff comments. Vice Mayor Ferre~l seconded the motion.
Under discussion, Councilman Cassandra read Item 6 on Mr.
Annunziato's memo and suggested possibly including a certain
number of years to give a general time that we will recoup
our service. He suggested possibly adding an additional
item noting our water supply is still adequate at the pre-
sent moment.
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REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOV&~BER 20, 1984
Councilman Warnke stated this is another example of 17 acres
of reserved agriculture land being changed to development.
He personally cannot see this and is going on record not in
favor of annexing or converting any more land from agri-
culture to development. Councilman Cassandra responded that
there is nothing wrong with Mr. Warnke's statement, but it
would be in conflict with rounding off our boundaries.
Councilman Warnke stated he did not see any aesthetic value
of rounding off the boundaries and the voters also said not
to annex. Vice Mayor Ferrell clarified that the voters
approved rounding off the boundaries and also, this is not
being used as agriculture.
Motion carried 4-1 with Councilman Warnke dissenting.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
NOV&~BER l3, 1984
NEW BUSINESS
A. PUBLIC HEARINGS
ANNEXATION
l.
project Name:
Agent:
Lakes of Hypoluxo
Richard Whalen for Contemporary
Community Concept'Corporation
Walter H. Janke
Hypoluxo Road, south side, 1500 feet
west of Congress Avenue
Annexation of a 17.7 acre tract of
land, currently vacant and undeveloped,
to permit the development of a Planned
Unit Development
Owner:
Location:
Description:
LAND USE ELEMENT AMENDMENT AND REZONING
2. Project Name: Lakes of Hypoluxo Planned Unit
Development
Agent: Richard Whalen for Contemporary
Community Concept Corporation
Owner: Walter H. Janke
Location: Hypoluxo Road, south side, 1500 feet
west of Congress Avenue
Description: Request to show annexed land as Low
EX/If /;/ ( /} 4
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
NOV&~BER l3, 1984
Density Residential and to rezone
from AR Agricultural Reserve to a
Planned Unit Development with Land
Use Intensity = 5 to permit the
development of 85 zero lot line,
single family residential units
Because these two hearings were related, Chairman Ryder said
the Board would take them together but vote on them separately.
Chairman Ryder said this is on the northerly limits of the
current corporate limits and is in a County unincorporated
pocket. This is off the corner of Hypoluxo and Congress
Avenues.
Mr. Annunziato read his Memorandum, dated November 6, 1984,
which was addressed to the Board. Under the Comprehensive
Plan Policies, paragraph 2, page 3 of his memo, Mr.
Annunziato read Exhibit B. He also read the "Comments on
Annexation" from the Recreation and Parks, Police, Building,
and Personnel and purchasing Departments.
To paraphrase the comments of Robert Flanagan, Senior
planner, County Planning Department, in his letter of
October 4, 1984, Mr. Annunziato said they anticipate that
the proposed development will be consistent with the County
Land Use plan for this area in terms of density and asked
the Board to be concerned about traffic on Hypoluxo Road
although they note that Performance Standard No. 3 con-
cerning major thoroughfares should be addressed.
As a part of that, Charles R. Walker, Jr., County Traffic
Engineer, wrote a letter to Mr. Annunziato, dated October 9,
1984, recommending that the project be assessed a fair share
impact fee based on the current rate of $300 per single
family unit and that they be required to construct a left
turn lane, east approach on Hypoluxo Road at the project's
entrance. The letter also stated no impact fee credit should
be given for the construction as it is site related.
Mr. Cannon showed the site plan on the overlay. Mr.
Annunziato said Canal 18 separates the project from Hypoluxo
Road. The applicant is proposing to extend a private road
into the site, terminating into a loop road with four cul-de-
sacs and drainage ponds
Mr. Annunziato read the planning Department's recommendation
that the rezoning request be approved subject to staff
comments, which appeared as Exhibit C. He read the co~ents
from the Building, utility, Recreation and Parks, and
Planning Departments.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
NOV&~BER 13, 1984
Mr. Annunziato said utilities will exist in the near future
west, east, and south. The Meadows 300 PUD will have major
utilities' finds' systems in the public roads with easements
platted to the north. Also, on Lawrence Road, there are
major sewer and water facilitie~ which serve the high scho~l.
In paragraph lib" of the Planning Department's comments, Mr.
Annunziato added, "and front lot line~" with reference to
paragraph "c", he said they have found in some of the zero
lot line projects that they have had there is not an ample
opportunity for the end home owner to utilize his property
for things like screened porches and pools. By increasing
the width of the lot to 55 feet, they could then have a
40 foot wide house or structure and still have ample room
for screened porches. They were originally requesting 45
feet. Chairman Ryder thought that was an important observa-
tion.
Mr. Annunziato said the staff recommendation is that the
annexation be approved and that the zoning be approved sub-
ject to staff comments. Six reasons were listed for the
recommendation.
Mr. Hester asked if they were going to approve with the
increase in density. If the Board adopts the recommendation
of 55 feet, Mr. Annunziato thought the applicant would lose
enough units to bring them below and into this category.
Christopher V. Hurst, P.E., Vice President of Paramount
Engineering Group, 350 Camino Gardens Blvd., Boca Raton,
Florida 33432, brought a sketch plan which addressed the
questions Mr. Annunziato addressed regarding the minimum lot
sizes and setbacks. The plan reflected 55 foot widths on
the lots. The depth of the lots was 105 feet, which was the
same as it has been. with the 55 foot wide lots and the
rest of the requirements they would be meeting, Mr. Hurst
said they should be able to make the 25 foot front and rear
setbacks. They are attempting to conform to the points
raised by the Planning Department.-
Mr. Hurst informed Chairman Ryder that, at present, the
'streets are proposed to be private. They are 50 foot right-
of-ways. The density is also somewhat reduced. Mr. Hurst
believed the analysis was based on 85 units and now there
will be 78 units.
The plan Mr. Hurst had also addressed
about the entrance. The entrance was
to the existing median cut. Chairman
was to facilitate the lefthand turn.
the question raised
relocated to conform
Ryder asked if that
Mr. Hurst replied that
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MINUTES PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 13, 1984
the existing median cut is for a road on the north side of
Hypoluxo, so they would not be able to move it because they
would block off the road.
Chairman Ryder asked if anyone else wished to speak in favor
of the application. There was no response. Chairman Ryder
asked if anyone wished to speak in opposition to the
proposal. There was no response. THE PUBLIC HEARING WAS
CLOSED.
Chairman Ryder recognized the presence of Councilman Samuel
Lamar wright, who entered the meeting at 7:55 P. M., and
said the Board was honored to have the entire city Council
present.
Motion on Annexation
Mr. Linkous moved, seconded by Mr. Schultz, to approve the
annexation. Motion carried 7-0.
Motion on Land Use Element and Rezoning
Mr. Hester moved, seconded by Mr. Linkous, to approve the
land use element and rezoning subject to staff comments.
Motion carried 7-0.
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_ COMMENTS ON ANNEXATION
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Recreation and Parks: The-seven acre park approved and dedicated as a
part of the Meadows--300 Planned Unit Development is within one-hal~
mile of this property and it will serve these new ,residents.
Police: This request is to be considered as a part of the overall
westward expansion of the City ,and our manpower requirements are
budgeted on an annual basis.
Building: This project should not unduly burden this department at
this time.
Personnel and Purchasing: As ~ith all annexations, if services are
increased the Personnel and Purchasing departments will have to
process additional people if needed by affected departments. Also,
any equipment or services purchased will be processed by the
Department.
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October 4, 1984
Mr. Carmen S. Annunziato
Planning Director
City of Boynton Beach
120 N.E. 2nd Ave.
Boynton Beach, Florida 33435-0310
Re: Proposed Lakes of Hypoluxo P.U.D., South
Side ot Hypoluxo Road, Between Lawrence
Road and Congress Avenue, Consisting of
17.7 Acres
Dear Mr. Annunziato:
The above referenced Lakes of Hypoluxo residential project
proposed for the Hypoluxo Road area is described in the
attached legal description.
The project's site plan submitted to this office for our
review showed a total of 85 lots on the 17.7 acre site
which results-in a gross density of 4.8 units per acre.
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This proposed density figure of 4.8 is within the maximum
permitted density for this particular location according
to the Palm Beach County Land, Use Plan. The County's
land use category for this site \.,ill allow a Low to Hedium
residential density of up to five dwelling units per
acre in a Planned Unit Development dependant upon mandatory
compliance with the Plan's Performance Standards.
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Consequentially, the County does not object to the proposed
density as such, but the County is especially concerned
about the Plan's Performance Standard No.3 - ~ajor
Thoroughfares. In particular, the County requests that
the review of this residential project carefully consider
the impact of these additional 85 units upon the ability
of Hypoluxo Road, Lawrence Road and Congress Avenue to
handle the increase in traffic generated by this project.
3400 BELVEDERE ROAD . WEST PALM BEACH. FLORIDA 33406 . (305) 471.3520
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Mr. Carmen S. Annunziato
October 4, 1984
Page 2
If you have any questions, please contact our office.
RF:cjs
Encl.
Sincerely,
I<~~
Robert Flanagan
Senior Planner
B~ara of County Commissioners
Ken Spil1ias, Chairman
Dorothy Wilken, Vice Chairman
Peggy B. Ev:ltt
Dennis Koehl~r
Bill Bailey
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october 9, 1984
- County Administrator
John C, Sansbury -
Department of Engineering
and Public Works
H. F. Kahlert
. County Engineer
Mr. Carmen S. Annunziato
Director of planning
City of Boynton Beach
120 N.E. 2nd Avenue
Boynton Beach, FL 33435
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SuaJECl': prop:>sed L:lkes of Hypoluxo, P.U.D. Annexation
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Dear Mr. Annunziato:
As per your request, this office has reviewed the Lakes of Hyp:>luxo master
plan for traffic considerations. Given the number of lots proposed, it is
my opinion that this development would create less than a significant
impact and therefore, would not trigger the traffic performance standards
of the comprehensive plan.
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Consistent with past practices, it is my recommendation this project be
assessed a fair share impact fee based on the current rate of $300.C~ per
single family unit.
It is also recommended that this project be required to construct a left
. turn lane, east approach on Hypoluxo Road at the project's entrance. No
impact fee credit should be given for this construction as it is site
related.
I would also suggest that you contact our planning Division for their input
on this matter. The opp:>rtunity to comment is sincerely appreciated.
Sincerely,
OFFICE OF TrlE COUNTY ENGINEER
~LJjAv!#~-
Charles R. Walker, Jr., P.E.
Director, Traffic Division
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CR~'I:ASH:ks
cc: Dick Morley - Planning Division
BOX 2429 . WEST PALM BEACH, FLORIDA 33402 . (305) 6844000
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Building Department:
See attached memo.
Utility Department:
See attached memo.
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Recreation and
Parks:
Recommended fee in lieu of land for recreation
and parks dedication purposes.
Planning Department: 1. In order to reduce site congestion the
following site design criteria are recommended:
a. No structures are to be constructed
closer than fifteen (15) feet to a side lot line;
b. No dwelling units are to be
constructed closer than twenty-five (25) feet to a rear lot line
or front lot line; and,
c. The minimum lot frontage is to be
increased to fifty-five (55) feet in order to allow more usage of the
zero lot line side yard.
2. The comments listed in the County Traffic
Engineer~s letter of October 9, 1984 should be required.
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Carmen Annunziato
City Planner
OCT 11 iS8~
PLANNiNG Dh\~l\
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FROM
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Bob Donovan
Chief Plans Check lns~ect(~
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FOLD .
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LAKES OF HYPOLUXO
DATE: 10-1 P8t.
Upon review of the above mentioned site-plan. be advised of the following .
information.
1. The conceptual building f ootp rint plan shoold show roof line and building
areas. Roof lines must be shown not encroa~hing the 0 (zero) property line.
or special overhang easements platted.
PLEASE REPL Y TO
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SIGNED
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B. Donovan
REPLY .
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SIGNED
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TO: Mr. CarIren Annunziato,
Ci ty Planner .
RE: Lakes of Hypoluxo
MEMORANDUM
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Nov~-r 2, 1984
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Attached is a copy of a letter from pararrount Engineering, comni. tting them
to run a 12" water ~e westward to Lawrence :Road and taking the appropriate
c:rerli ts .
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Attachment
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Perry A. Cessna,
Director of Utilities
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October 26, 1984
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Mr. Perry Cessna
City of Boynton Beach
Utilities Department
120 N.W. Second Avenue
Boynton Beach, Florida 33435
RE: LAKES OF HYPOLUXO
Dear Perry:
Per our discussion this morning, this is to confirm that the lakes of
Hypoluxo project will connect to the existing watermain in Lawrence
Road via the installation of a watermain in Hypoluxo Road westward
( .from the project.
In the event that an alternative method of obtaining water from the
City of Boynton Beach lines is expected to be used, we will meet
with your office to obtain your approval before finalizing such a
change.
Thank you very much for your assistance on this matter and please
call me if you should have any questions.
Very truly yours,
PARAMOUNT ENGINEERING GROUP, INC.
ristopj{;r V. ~
Vice Pr~sident
CVH/kb
( CC: Dick \'lhalen
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Architects.
Planners ,
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Engineers
Boad of County Commissioners
~
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Ken Spillias
Jerry L. Owens . - 11 1985
Dorothv Wilken i EB
" PLANN\I'-lG Dt..i'T,
---------
February 8, 1985
Ms. Betty Boroni
City Clerk
City of Boynton Beach
120 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Office of County Attorney
Charles F. Schoech
County Attorney
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Annex~ -...,- ~,'
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RE: Resolution No. 84-0000, Request to Rezone after
Dear Ms. Boroni:
.~ 11
On February 5, 1985, the Board of County Commissioners considered and
approved the request of the City of Boynt'on Beach under Resolution number
84-0000 to rezone the property described therein upon annexation into the
corporate limits of the City. A copy of the Resolution approving the
waiver is enclosed for your files.
l.
Sincerely yours,
of~de0 ),z. ~
Linda M. Colombo
Legal Assistant
cc: Dick Morley, P.B.C. Planning Division
enclosures
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P.O, BOX 1989 . WEST PALM BEACH,
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ORDINANCE NO. ~~-~0
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
ORDINANCE NO. 79-24 OF SAID CITY BY
AMENDING THE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY ADOPTING
THE PROPER LAND USE OF CERTAIN PROPERTY WHICH
IS BEING ANNEXED INTO THE CITY BY ORDINANCE
SIMULTANEOUSLY HEREWITH, WHICH IS MORE
PARTICULARLY DESCRIBED HEREINAFTER; SAID
LAND DESIGNATION IS BEING CHANGED FROM
PALM BEACH COUNTY LOW TO MEDIUM DENSITY
TO CITY OF BOYNTON BEACH LOW DENSITY
RESIDENTIAL; PROVIDING A SAVINGS CLAUSE;
REPEALING PROVISION; AND AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, has adopted a Comprehensive Land Use Plan and as part
of said Plan a Land Use Element by Ordinance No. 79-24, in
accordance with the Local Government Comprehensive Planning Act; and
WHEREAS, a certain parcel of land more particularly
described hereinafter is being annexed in accordance with an
application by Walter H. Janke, through his agents, into the
City by Ordinance being adopted simultaneously herewith; and
WHEREAS, the procedure for amendment of a Land Use
Element of a Comprehensive Plan as set forth in Section 163.3184,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City Council
deems it in the best interests of the inhabitants of said City
i
to amend the aforesaid Land Use Element of the Comprehensive
Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That Ordinance No. 79-24 of the City is
hereby amended to reflect the following: That the Land Use of
the following described land which is being annexed into the
City of Boynton Beach, Florida, by Ordinance simultaneously
adopted herewith, shall be designated low density residential.
Said land is more particularly described as follows:
The east ~ of the west ~ of the northwest
~ of the northeast ~ and the west ~ of
the east ~ of the northwest ~ of the north-
east ~ of Section 7, Township 45 south,
Range 43 east, Palm Beach County, Florida,
less the north 108 feet thereof. SUBJECT
TO easements, reservations, restrictions
and rights-of-way of record. Said parcel
containing 17.695 acres, more or less.
, .
, ,
Section 2: That any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan shall be amended
accordingly.
Section 3: 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.
Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5: This Ordinance shall become effective
immediately upon passage.
FIRST READING this
Jg c:t. day of
.
jJeJ).em.k'r , 1984.
this ~J1c1 day of
SECOND READING AND FINAL PASSAGE
<!./WYI tUa., ry
, 1985.
THE CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(Seal)
'---
Board of County Commissioners
Ken Spillias, Chairman
Dorothy Wilken, Vice Chairman
Karen T. Marcus
Jerry L. Owens
Kenneth M. Adams
County Administrator
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December 20, 1984
Ms. Betty S. Boroni
Ci ty C1 erk
City of Boynton Beach
120 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
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-
Dear Ms. Boroni:
This letter acknowledges receipt of Resolution No. 84-0000 requesting
permission to rezone subject parcel of land being a~xea-into the
City of Boynton Beach.
Please be advised that the Palm Beach County Board of County Commissioners
Officially received and filed the Resolution at its meeting on December 18,
1984. A copy of the Resolution was forwarded to the Planning, Zoning and
Building Department for review and recommendations.
Very truly yours,
frl1l (J'~/l~ L~; / cJy 5
John C. Sansbury
County Administrator
JCS: cbs
cc: Bob Basehart, Director, PZ&B
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BOX 1989 . WEST PALM BEACH, FLORIDA 33402-1989
,.
RESOLUTION NO. 7i-oo~ J
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A RESOLUTION OF. THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, REQUESTING
PERMISSION FROM THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, PURSUANT
TO SECTION 171.062, FLORIDA STATUTES, TO
REZONE A CERTAIN PARCEL OF LAND BEING
ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA,
FROM PALM BEACH COUNTY ZONING CLASSIFICATION
AR (AGRICULTURAL RESERVE) TO CITY OF BOYNTON
BEACH ZONING CLASSIFICATION PUD (PLANNED
UNIT DEVELOPMENT) WITH A LAND USE INTENSITY
OF 5.00; AND TO CHANGE THE LAND USE DESIGNATION
OF THE SUBJECT PARCEL FROM PALM BEACH COUNTY
LOW TO MEDIUM DENSITY RESIDENTIAL TO CITY OF
BOYNTON BEACH LOW DENSITY RESIDENTIAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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WHEREAS, the City of Boynton Beach, Florida, has received'
a request for annexation from Walter H. Janke, as owner of the
following described property, to-wit:
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The east ~ of the west ~ of the northwest
~ of the northeast ~ and the west ~ of
the east ~ of the northwest ~ of the north-
east ~ of Section 7, Township 45 south,
Range 43 east, Palm Beach County, Florida,
less the north 108 feet thereof. SUBJECT
TO easements, reservations, restrictions
and rights-of-way of record. Said parcel
containing 17.695 acres, more or less.
WHEREAS, the City Council at the November 20, 1984
regular meeting considered this annexation request and upon
recommendation of the City Planner, the City Planning and Zoning
Board and the Technical Review Board, determined that the proper
:i
I zoning for this parcel of land would be City of Boynton Beach
: ~
,
I; zoning classification PUD (Planned Unit Development) with a
(I
, Land Use Intensity
of 5.00, and the proper City of Boynton
ij
,
; Beach Land Use Classification would be low density residential;
and
WHEREAS, pursuant to Section 171.062, Florida Statutes, -
the City of Boynton Beach requests that the Board of County
Commissioners of Palm Beach County consent to the City of Boynton
Beach rezoning and changing the Land Use Classification of the-
above described property upon its annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
i
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Section 1: That the City Council hereby requests
permission to rezone and to change the Land Use Classification,
.1
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when annexed, of the property described above as previously
set forth.
Section 2: That a certified copy of this Resolution
be sent to the Board of County Commissioners of Palm Beach
County, Florida, the County Administrator, and the County Director
of Planning, Zoning and Building.
Section 3: That this Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of j;:ece.mb-e J-
,.
198r.
THE CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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CI Y CL K
(Seal)
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday,
November 13, 1984, at 7:30 P.M. at City Hall, to consider requests for
ANNEXATION, REZONING and LAND USE AMENDMENT covering the parcels of
land described as follows:
PARCEL #1
Descri tion:
bdivision A and B of Tract 30, Palm Beach Farms Compan
PI #8, as recorded in plat Book 5, page 73, Public ords
of pa Beach County, Florida, and Lots C, less th right of
way for ate Road 804 (Boynton Road), D, and ract 3,
Palm Beach rms Company plat *8, as record in plat Book 5,
page 73, Publ~ Records of Palm Beach Co y, Florida.
Subject to right f way for small 1 ral ditches in favor
of other tracts as wn in Deed 81, page 2, and Deed
Book 81, Page 9.
Property located within 45 South, Range
43 East. Contains 4.22
Office
APPLICANT/OWNER:
AGENT:
F. willis
USPS Main Post
Florida
State Road 804 (West Boynton Beach Bo evard)
approximately 600 feet west of Congress
REQUEST: REZONE from - I.L./S.E. (Light Industrial/Special
to - PU (Public Usage)
LAND USE AMENDMENT from - Industrial
to - Public and Private Institutional/
Governmental
PARCEL #2
Legal Description:
The East half of the West half of the Northwest quarter of the
Northeast quarter and the West half of the East half of the
Northwest quarter of the Northeast quarter of Section 7, Town-
ship 45 South, Range 43 East, Palm Beach County, Florida, less
the North 108 feet thereof.
Subject to easements reservations, restrictions and rights of
way of record.
Contains 17.695 acres more or less.
APPLICANT:
Contemporary Community Concepts Corporation
OWNER:
Walter H. Janke
PROJECT NAME:
Lakes of Hypoluxo
South Side of Hypoluxo Road, approximately
1,550 feet west of Congress Avenue
LOCATION:
REQUEST: REZONE from - AR (Agricultural) Palm Beach County
to - PUD (Planned unit Development) Single Family
with LUI = 5
LAND USE AMENDMENT from - Low to medium density, Palm Beach
County
to - Low density single-family
development, consisting of zero
lot line homes