AGENDA DOCUMENTS
AGENDA MEMORANDUM
'(
23 September 1987
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Request for Extension of Zoning Approval
Lakes of Hypoluxo PUD
.
Thefowner of the referenced PUD, through his agent, Christopher
Hurst, is requesting an extension of the approval of the PUD
zoning for a six-month period beyond January 3, 1988 at which
time the zoning would expire (see attached correspondence).
The reason for requesting this extension is that the property
owner has contracted to sell the property to the School Board of
Palm Beach County with closings scheduled for January 15, 1988.
Given the above information, a request for an extension is
legitimate and should be granted, however, it is my
recommendation that the applicant be given enough time to
complete his platting in as short a period as possible in 1988,
rather than for six months. Additionally, it is recommended that
an extension of no more than two months be granted which allows
ample time for the property owner to file and record preliminary
and final plats.
Please place this item on the City Commission agenda for October
20, 1987.
Cc.-. ~ J~
CARMEN S. ANN ZIATO
/bks 4
cc: Central File~
Christopher Hurst
Engineers . Architects . Planners . Surveyors
PARAMOUNr;:
ENGINEERING GROUP
25 Seabreeze Avenue. Suite 200. Delroy Beach. Florida 33483/ (305) 278-8111
RECEIVED
SEP 22 1981
PLANNiNG DEPT.
G4801 (01)
September 22, 1987
Mr. Carmen Annunziato
Planning Dept.
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fla.
RE: REQUEST FOR EXTENSION OF ZONING APPROVAL
LAKES OF HYPOLUXO PUD
Dear Mr. Annunziato:
Pursuant to recent conversations between your office and the
owner of the subject property, Mr. Walter Janke, this is to
request an extension to the zoning approval for the project
until July 3, 1988. This request will have the effect of an
additional 6 month extension to the zoning, as the current
expiration date is January 3, 1988.
The request for extension is being made in order to provide
:time for negotiations between the property owner and the Palm
Beach County School Board relating to the possible purchase
of the property by the School Board. For your reference, a
copy of the contract with the school board is enclosed.
GROUP
Hurst
REAL EST^TE SALE AND PURCHASE CONTRAcr
This is a legally binding contract. Seek your attorney's advise before signing.
"
",
~
Walter H. Janke
of 2951 N.W. 49th Avenue. Suite 206, Lauderdale Lakes, Florida 33313 (ph. 742-2705 ), as seller, and
School Board of Palm Beach County, Florida
~
of P.O. Box 24690. 3323 Belvedere Rd. W. Palm Beach, FL 33416-4690 ' (ph. 684-5146 ), as buyer. t2:~by
agree that the seller shall sell and the buyer shall buy the following described property UPON THE TEF~S
A.~ CONnlTlONS llERElNAITER SET FORTH, which shall include the STANDARDS FOR REAL ESTATE TRANSACl'IONS set
forth on ,the reverse side of this contract.
1. LEGAL DESCRIPTION of real estate located in Palm Beach County, State of Floirda:
The W 1/2 of the E 1/2 of the NW 1/4 of the HE 1/4 and the E 1/2 of the W 1/2 of the NW 1/4 of the
NE 1/4 of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida, less the North
40 feet thereof. Palm Beach County Property Appraiser Control Number 08 43 45 07 00 000 1040.
2. PURCHASE PRICE 1,150.000 Dollars
I I" 'I,
Method of Payment:
a. Deposit to be held in trust by Goldberq & Younq. P.A.
b. Approximate principal balance of first mortgage to which conveyance
shall be subject, if any. Mortgage holder
. Interest ___% per annum; Method of payment
c. Other $
d. Cash, certified or local cashier's check on closing and delivery of deed (or such greater or
lessor amount as may be necessary to complete payment of purchase price after credits,
adjustments and prorations. $ .( 0 {jOt 0 v 0
TOTAL $ 1,150.060
3. TIME OF ACCEPT~~CE: If this contract is not executed by the seller and buyer on or before October
8, 1987, the aforesaid deposit shall be, at the option of the buyer, returned to him and this agreement
shall be null and void. The date of contract, for purposes of performance, shall be regarded as the date
when the last one of the seller and buyer has signed this contract.
4. CLOSING DATE: This contract shall be closed and the deed and possession shall be delivered on or
before 15 day of January 1988, unless extended by other provisions of this contract.
5. PRORATIONS: Taxes, insurance, interest;'rents and other expenses "and revenue of said property ,
~hal1 be prorated as of the date of closing.
6. EVIDENCE OF TITLE: Check I J (1) or (X] (2) within 60 days from the date of this contract, the
seller shall, at his expense, deliver to the buyer or his attorney in accordance with Standard A on reverse
side either: (1) abstract (2) Title guarantee.
7. COI~ANCE: Seller shall convey title to the aforesaid property to the buyer by statutory
warranty deed subject to matters contained in this contract and taxes for the year of closing.
8. RESTRICTIONS, EASEMENTS, LIMITATION: Buyer shall take title subject to (1) zoning restrictions,
prohibiti~s, and requirements imposed by governmental uuthority, (b) restrictions and matters appearing on
the plat or common to the subdivision, (c) public utility easements of record, provided said easements ate
located on the side or rear lines of the property, (d) taxes for year of closing, assumed mortgages, and
purchase money mortgages, if any; (e) other: . Seller warrants that there
shall be no violation of building or zoning codes at the time of closing.
9. DEFAULT BY BUYER: If buyer fails to perform any of the covenants of this contract. all money paid
pursuant to this contract by buyer as aforesaid shall be retained by or for the account of the seller as.
$ 5.000
$
$
,
;
(
.
"
"
,l1sideration (or the execution or this contr~~. and as agr~ed liquidated darnage3 and _ full settlcmtnt of
. .
oy claims for damages.
10. DEFAULT BY SELLER: If the seller fails to perform any of the covenants of this contract, the
.foresaid money paid by the buyer, at the option of the buyer shall be returned to the buyer on demand; or
:he buyer shall have only the right of specific performance.
11., TYPEWRITTEN OR HANDWRl~EN PROVISIONS: Typewritten orhandwritte~ provisions inserted in this
:Orl shall control all printed provisions in conflict therewith.
12. OTHER ~GREEMENTS: Ho agreements or representation. unless incorporated in this contract, shall be
binding upoa any ot the parties.
13. SPECIAL ~USES: See Paragraphs l3(A) and (B) on the Addendum hereto.
4ITNESSES: (Two are ,required)
DATE EXECUTED BY BUYER:
SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA (SEAL)
(SEAL)
Chairman:
(SEAL)
Secretary:
DATE ~ED BY SELLER: C( - I r -fi;- 1
w:: H~ &C)~I (SE~L)
Reviewed: Office of General Counsel
By:
Attorney
-.w,it nr H_
ST^, m~ FOR REM. EST^TI~ THIIW;Arl'lorls
A. EVIDENCE OF TITLE: (1) A complete abstract of titl~ prepared by a reputable abstract firm purportina to
be an accurate syno~sis of the instruments affecting the title to that real property recorded in ouolic
records of that county to the date of this contract, showing in the seller a marketable title in accordance
with title standards adoited from time to time hv the Florida Dar, subject only to liens, encumbrances.
exceptions or qualifications set forth in this contract and those which snall be discharged by seller at or
before closing, (2) a title guarantee commitmentf issued by a qualified title insuror agreeing to issue to
the buyer,. upon 'the recording of the deed hereafter mentIoned, as owner, guarantee in the amount sf the
purcha~e price ins~r~ng ~he tltle of t~e buyer to that real property. subject only to liens, enc~~~~:~~e5,
exceptIons or qualIfIcatIons set forth 1n thiS contract and those WhICh shall be dlscharged by seli.~ :t or
, before closing. '
, .
""Buyer shall have fifteen (15) days if abstract, or five (5) days if title guarantee, from the ~~te of
receivinq the evidence of tltle to examine same. If title is found to be defectIve. the buyer shall ~ithin
said .penod notify the seller in writing specifying the defects. If the said defects render n.: CLUe
unmarKetable. the seller shall have ninety (90) aays frcn the receipt of such notice to cure the c~:'e.:ts,
and if after said period seller shall not have cured the defects, buyer shall have the option or:
}1) accepting title as it then is, or (2) demanding a refund of all monies paid hereunder which shjll
orthwitb be returned to the buyer, and thereupon tfie buyer and seller shall be released of all further
obligations under this contract.
B. EXISTING MORTGAGES: The seller shall furnish estoppel letters (not necessarily in affidavit fOfml
setting forth the principal balance, method of payment, and whether the mortgage is 1n good standing. It
there 1S a charge for the change of ownership records by the mortgagee, it sliall be bOrne by the buyer.
Seller.sh~ll receive as cr~dit at closing, an amount equal to the escrow funds held by th~ mortgagee. If
the exIstIng mortgage requlres the buyer to assume same, then the buyer shall do so; provlded,however. if
the IOrtgagee does not accept the buyer, then in that event occurring, the buyer at hIS option may cancel
the contract and all monies paid by tfie buyer shall be refunded to the buyer.
C. PURCHASE MONEY MORTGAGES: Any purchase money .notes and mortgages required by the contract shall follow
the forms generally accepted and used in the county where the land is located. Any purchase money mortgage
shall provIde for lnsurance against loss by fire WIth extended covera[e in an amount not less than the full
insurable value of the improvements. In a first mortgage, the note ana mortgage shall provide for accelera-
tion, at the option of the holder, after thirty (30) days default and in a second mortgage, after fifteen
(15) days default. A second mortgage shall require a mortgagor to keep all prior liens ana encumbrances in
good standing. Buyer shall h~ve the right to prepay all or part of the principal at any time or times with
lnterest to date of payment wlthout penalty.
D. OTHER MORTGAGES: In the event buyer executes a mortgage to one other than the seller, all costs and
charges incidental thereto shall be palO by the buyer. .
E. SURVEY: If the buyer desires a survey he shall have the property surveyed at his expense prior to
closing date. If the survey shows an encroachment, the same shall be treated as a title defect.
F. LEASES: Seller, not less than 15 days before closing, shall furnish to buyer copies of all written
leases and estopQel letters from each tenant specifying the nature and duration of the tenant's occupancy,
rental rates, ano advanced rent and security deposits paid by tenant. If seller is unable to obtain such
letters from tenants, seller shall furnish tfie same information to buyer within said time period in the form
of a seller's affidavit, and buyer may contact tenants thereafter to confirm such information. At closing,
seller shall deliver and assign all original leases ~o buyer.
G. MECHANICS LIENS: Seller shall furnish to buyer an affidavit that there have been no improvements to the
subject property for 90 days immediately preceding the date of closing, and no financing statements, claims
of lien or potential lienors known to seller. If the property has Deen improved withIn that time, seller
shall deliver releases or waivers of all mechanics liens as executed by general contractors, subcontractors,
suppliers, and materialmen, in addition to the seller's lien affidavit, setting forth the names of all
general contractors, subcontractors, suppliers, and materialmen and reciting that all bills for ~ork to the
subject property WhlCh could serve as basis for mechanics liens have been pald or will be paid at closing.
"
H. . PLACE OF CLOSING: Closing shall be held at the office of the seller's attorney or as otherwise agreed
upon.
I. TIME IS OF THE ESSENCE: Time is of the essence of this Sale and Purchase Contract.
J. DOCUMENTS FOR CLOSING: Seller's attorney shall prepare deed, note, mortgage, seller's affidavit, any
corrective inst,ruments required for perfecting the title,and closing statement and submit copies of same to
buyer's attorQey, and copy of closing statement to the broker, at least two days prior to scheduled closing
date,
.-
K. EXPENSES: State documentary stamps required on the instrument of conveyance and the cost of recording
any corrective' instruments shan be paid by the seller. Documentary stamps to be affixed to the note
secured by the purchase money mortgage~ intangible tax on the mortgage, and the cost of recording the deed
and purchase money mortgage snall be pald by toe buyer.
L. PRORATION OF'TAXES: Taxes shall be prorated 'on tax for the current year with due allowance being made
for the maximum allowable discount and for homestead or other exemptions if allowed for said Jear. If t~e
current assessment is not available, the tax will be prorated on the prior year's tax, providea, however, If
, .., ~Ir. rOlllpl('lc~11 illljlIIJVt'mc:Il(:l ()Il ~IlIJjCll pl()l'tdy 1Jy JUIIUJ1Y bl ot dl~ Yt.:d( or closing. l~lhh
_provements were not 1n existence on JanuarY 1st ot Ute prior year, then the tax shall be prora:::1 to
dssessment to be agreed upon between the parties: but any tax proration based on an estimate lay be a::~sted
subsequently at th~ request of either party upon receipt of the tax bill, and a statement to that tfi~:t
shalloe set forth In tfie closing statement.
M. INSURANCE: If insurance is to be prorated, the seller shall on or before the closing date, fu~isn :0
buyer all insurance policies or copies thereof. f
N. ~PECIAL ASSESSMENT LIENS: Certified, confirmed or ratif~ed special assessment ,liens, as of t:: ,.: ::f
closlng (and not as of the date of the contract), afe to be paId by the seller. Pe~ding ilens as c: '. .:.:;
of cl,osing shall be assumed by the buyer, provIded, however, .that. where the Improv~ent has ". :~.
stantlally compl~t~d as of the' date of 'the tontrac~, such pendinq liens 'shall be consIdered as c: ' :l:~,
confumed or ratlfled and the seller shall, at closIng, be, chargea an amount equal to the last es' ,..,c; by
the public body of the assessment for the improvement.
O. RISK OF LOSS: If the improvements are damaged by fire or casualty before delivery of the dee~ :j (;.n
be restored to substantially the same condition as now within a period of 60 days thereafter, sell,t snall
so restore the improvements and the closing date and date of delive~ of possession hereinbefore frC'ilded \
shall be e~t~nded according)y. . If seller fails to 90 so, the b~er snal~ have the option of (1) taKing the
proferty as 1S, together Wlth Insurance proceeds, lf any, or (~) cancelIng the contract, and all deposits
sha 1 be forthwith returned to the buyer and all parties shall be released of any and all obligation and
lia bil it y.
P. MAINTENANCE: Between the date of the contract and the date of closing, the property, including 13~~,
shrubbery and pool, if any, shall be maintained by the seller in the conditIon as lt existed as of the date
of the contract, ordinary wear and tear excepted.
Q. PROCEEDS OF SALE: The Deed shall be recorded and the evidence of title continued, at seller's eXQense,
to show title in the buyer, without any encumbrances or change from the date of the last evidence renaering
seller's title unmarketable, and the cash proceeds of such sale shall be held in escrow by the seller's
attorney or by such other mutually a]Teed upon Escrow Agent for a period of not longer than rive (51 days,
exclusive of Saturdays, Sundays ana holidays. If the seller's title is so rentfered unmarketable, the
buyer's attorney sharI, within the said five (5) day period, notify seller's attorney in writing of the
defect and the seller shall have thirty' (30) days from fhe date of receipt of such notification to cure the
defect. In the event seller fails to timely cure said defect, all monies paid hereunder shall, upon written
, ~emand therefor, within five (5) dals thereafter, be immediately returned to buyer, and simultaneously with
',such reparent, buyer shall vacate he premises and reconvey by Special Warranty Deed. In the event of the
failure 0 the buyer to make timely demand for refund, he snaIr take title as is, waiving all rights against
the seller as to the intervening defect.
R. BROKER'S COMMISSION: The broker's commissiqn shall be disbursed at the time of the disbursement of the
proceeds.
S. A'ITORNEY FEES AND COSTS: In connection with any Ii tigation arising our of the contract, the prevailing
party shall be entitled to recover all costs incurred, including reasonable attorneys fees.
T. CONTRACT NOT RECORDABLE. This contract shall not be recorded in the public records of any county.
WPID\ES\SITE\JANKEPOL.QE
~
"
"
ADDENDUM TO REAL ESTATE SALE AND PURCHASE CONTRACT
BETWEEN WALTER H. JANKE AND SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
13 (A). ,This Real Estate Sale and Purchase Contract is subject to and condit~oned
upon the Buyer obtaining the following:
1. Approval of this Real Estate Sale a~d Purchase Contract by th~
. .
School Board of Palm Beach County on or before October 8, 1987;
.
2. Approval of this Real Estate Sale and Purchase Contract by thL
Dep3rtment of Education of the State of Florida on or before November 15, 195i;
3. An appraisal of the real property on or before October 8, 1987,
which appraisal must reflect the purchase price of not less than $1,lSO,OOO.OO;
4. Buyer obtaining, on or before the date of closing, {l fo'~1JM{'~e', ,J~"
permitting the Buyer to use the real property hereinabove described for
School.
, If the conditions above described are not met in accordance with the
dates reflected for each, t~en the Buyer may terminate this Real Estate Sale and
Purchase Contract wherein all deposits deposited hereunder shall be returned to
the Buyer an~ thereupon all parties hereto shall be relieved of all obligations and
liabilities thereunder, or the Buyer may proceed with the closing and thereby
waiving all of the above conditions.
. (B). The Seller has advised the Buyer that it has received an extension of the
.... .,' .
Seller's present zoning (residential) pursuant to the Minutes of the Regular City
Commission Meeting of the City of Boynton Beach of July 21,1987, a copy of which
is attached hereto as Exhibit "A". This extension of zoning expires on or about
January 3. ,1988. Therefore, this Real Estate Sale and Purchase Contract
is further subject to and conditioned upon the Seller obtaining another extension
of his existing zoning from the City of Boynton Beach, extending the present zoning
to June,30, 1988. The Buyer agrees to cooperate with the Seller in obtaining
the extension of the Seller's existing zoning. Therefore. on or before the date
of closing. if the Seller cannot obtain a zoning extension from the City of Boynton
Beach extending the existing zoning to June 30, 1988, the Seller may terminate this
Real Estate Sale and Purchase Contract, whereupon all monies deposited hereunder
shall be returned to the Buyer, this Real Estate Sale and Purchase Contract shall
be terminated ,and all parties shall be relieved of all liabilities and obligations
hereunder.
"
,
.
Coscan Florida. Inc.
~'.,'
Suite 400 East Building
1900 Corporate Boulevard N.W.
Boca Raton, Florida 33431
(305) 994-1433
RECEIVED
SEP 18 1981
PLAN1\i;G DEPT.
September 16, 1987
Mr. Carmen Annunziato
Planning Director
City of Boynton Beach
P. O. Box 310-33425
Boynton Beach, Florida 33425
Re: Quail Run Project Signage
Dear Mr. Annunziato:
As you are aware, the City Commission voted to table our
request for site signage. Inasmuch as Coscan has agreed
to staff comments regarding the same and the Community
Appearance Board has approved the request, I am requesting
that you review the submittal as is for compliance with
the "PROPOSED" sign ordinance.
Please provide Coscan with your comments as soon as possible
and reschedule the request for the next available City
Commission meeting. Thanking you for your continued
cooperation.
If you have any questions, please do not hesitate to con-
tact me.
d J. Cuozzo
ctor of Planning & Development
DJC:pr
Boca: (305) 994-1433 . Dade: (305) 935-1292 . Broward: (305) 427-3204 . N, Palm Beach: (305) 736-8118
MEMORANDUM
24 July 1986
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Request for Extension of Zoning Approval -
Lakes of Hypoluxo Planned Unit Development
Accompanying this memo you will find a copy of a letter from
Walter Janke in which a request is made for a retroactive
extension of PUD zoning. As noted by Mr. Janke, the City
Council approved the Planned Unit Development on January 3, 1985.
The zoning remained in effect for 18 months until July 3, 1986,
and has since expired, thus triggering the requested extension.
It is recommended that the PUD zoning for the Lakes of Hypoluxo
be extended for one year, until July 3, 1987, subject to the
applicant resubmitting all land and construction estimates in
connection with the approval of a final plat.
c~ rL """\~:z::
CARMEN S. ANNUNZ~ATO
/bks
Attachment
cc: Mr. Walter Janke, Paramount Engineering
F
/
MEMORANDUM
November 6, 1984
TO:
Chairman and Members
Planning and Zoning Board
FROM:
Carmen S. Annunziato
Director of Planning
kE:
REQUESTS FOR ANNEXATION, FUTURE LAND USE ELEMENT AMENDMENT
AND REZONING SUBMITTED BY RICHARD WHALEN FOR CONTEMPORARY
COMMUNITY CONCEPTS CORPORATION
INTRODUCTION
Richard Whalen is proposing to annex into Boynton Beach a 17.7 acre
tract of land located on the south side of Hypoluxo Road, north and
east of the Meadows 300 Planned Unit Development (See Exhibit 'A").
This property is currently zoned AR (Agricultural Reserve) and it is
undeveloped.
In connection with this request for annexation, the applicant is
proposing that the land reflect, if annexed, a Low Density
Residential future land use category and that the property be
rezoned Planned Unit Development with a Land Use Intensity = 5 (PUD
w LUI = 5). This PUD, as proposed, is to be known as the Lakes of
Hypoluxo and it provides for the construction of 87 zero lot line,
Single-family detached units. The gross density proposed is 4.92
dwelling units per acre which exceeds the maximum of 4.82 dwelling
units per acre permitted in a Low Density Residential land use
category.
PROCEDURE
These applications for annexation, amendment to the future land use
element of the Comprehensive Plan and rezoning are being processed
consistent with State statutes, and Boynton Beach Codes, ordinances
and resolutions as follows:
1 .
F ~
.~.
163.3161:
Local Government Comprehensive Planning
Act;
2.
F.S. 166.041:
Resolutions;
Procedures for Adoption of Ordinances and
-Page 1-
-::-
'-' .
F.. c
. ;:;) .
171.011:
Municipal Annexation and Contraction Act;
4. Boynton Beach Code of Ordinances, Appendix A, Section
3A5(e): Boundary and Zoning;
5. Boynton Beach Ordinance #79-24:
6.
Boynton Beach Resolution #76-X:
Anne).: at i on
ProcedLu~es for
These regulations have been listed for informational purposes.
Paraphrasing, these regulations require review by the City
Department Heads, newspaper advertisements, public hearings with the
Planning and Zoning Board and the City Council and Council adoption
of ordinances to annex, amend the future land use element and
rezone. Also included is a consistency review by the Board of
County Commissioners. These procedures take approximately three
months to complete.
CURRENT LAND USE AND ZONING
The property which is the subject of this annexation is, as
previously mentioned, undeveloped and zoned AR (Agricultural Reserve)
in Palm Beach County. The land use and zoning of the surrounding
land varies, and is presented to you for your information in the
table which follows:
Directi<:m
Jurisdiction Zoning
L~~nd Use
NDI~t.h
Palm Beach County RS
Si n~~ I e--f ami I y
subdivision
East
Palm Beach County AR
PI ant nur5el~y
South
Boynton Beach PUD w/LUI=3.36
Meadows 300 PUD
West
Boynton Beach PUD w/LUI=3.36
Meadows 300 PUD
Palm Beach County
ARISE
Underdeveloped land
with a Special
Exception to
construct an adult
congregate living
facility.
FUTURE LAND USE AND REZONING
Hypoluxo Road forms the northern limit of the City's Reserve
Annexation Area and the City's Utility Service Area. It. is
contemplated that all lands between Lawrence Road and Congress
Avenue on the south side of Hypoluxo Road will at some time in the
future be annexed. Currently, approximat.ely one-half of this
frontage has been incorporated. This proposal represent.s a
-Page
'?-
.<..
continuation of previous actions to close unincorporated packets in
this portion of the Reserve Annexation Area. The land use category
requested, Low Density Residential is the same as that which exists
to the west and south in Boynton Beach, and as noted in
correspondence received from the Palm Beach County Planning
Department, is consistent with the future plans for land use in Palm
Beach County for this area.
COMPREHENSIVE PLAN POLICIES
There are three policies in the Comprehensive Plan which address
annexations as follows:
1. "Anne}: only property which is I~ea':~onably contiguous to
prl=sent municipal boundaries;"
The Whalen property is contiguous with present corporate limits
along all of its southern limits and along portions of its western
property line (approximately 1300 feet or 35% of its entire
boundary), and its northern boundary is conterminous with the
northern limits of the Reserve Annexation Area.
2. "Anne:.: property onl y after the pr"eparati on of a study
evaluating the fiscal benefits of annexation versus the cost of
providing service;"
In response to Policy 2, you will find accompanying this memorandum.
Exhibit '8' which compares projected ad valorem taxes with required
e).:pendi tures.
'~:" "Anne){ only properties which ,are of sufficient size to
provide efficient service and on which urban development is
anticipated. II
As stated previously, the Whalen tract is approximately 18 acres in
size, and because of the availability of public utilities which are
or will be located east, south and west plus recent roadway
improvements the tract will experience urban development.
Based on the findings of fact noted in the discussion of the
Policies as applied to this annexation, it is apparent that the
Whalen request is consistent with the Boynton Beach Comprehensive
Plan policies concerning annexation.
RECOMMENDATION
The Planning Department recommends that the applications submitted
by Richard Whalen for annexation and future land use element
amendment be approved as requested and that the rezoning requested
be approved subject to the staff comments which accompany this
memorandum as Exhibit "C'. These recommendations are based on the
.f 011 01,'J i n 9 :
-Page
"":!"-
"-'
1. the parcel is contiguous to the corporate limits;
2. the parcel is in the path of urban development and it is
within a County pocket;
3. the request is consistent with the Comprehensive Plan
policies for annexation;
4. the land use and zoning categories requested are both
consistent with the land use plans and policies of Palm Beach County
and Boynton Beach;
5. the requested annexation and zoning will not impair the
surrounding properties in a manner that will inhibit future
development; and,
6. the cost/benefit analysis of this request indicates that
the impact of this proposal on municipal staff and programs will be
off-set by projected municipal revenues.
__c~~~_
Carmen S. Annu~;fi~-----
Director of Planning
/bks
EXHIBIT "A"
EXHIBIT 'B"
COST/BENEFIT ANALYSIS*
WHALEN ANNEXATION
PROJECTED ASSESSED VALUE*
Land Value
Building Value
Total
$1,126,128.00
5,738,172.00
6,864,3UU.UU
PROJECTED TAXES
Valuation**
1984 Millage
Total
$4,689,300.00
x .0068
$31,887.24
*8ased on comparable units 1984 assessment roll.
**Less Homestead Exemptions.
DEPf4HTMENT
POLICE
BUILDING
PERSONNEL ~(
PURCHASING
L.IBRARY
RECREAT I ON 81.
PARKS
FINANCE
ENERGY
PUBLIC WORKS
UTIL.ITIES
ENGINEERING
PL.ANNING
PLANNING, BUILDING,
ZONING
COMMENTS ON ANNEXATION
MUNICIPAL STAFF
I NCRE{..~ISED INCREASED OTHER
~-::'ERSONNEL C?)F' I TAL COMMENTS
NO NO See ?ittached
NO NO See Attached
NO NO See Attached
1'.10 NO
NO NO See Attached
NO NO
NO NO
NO NO
NO NO
NO NO
NO NO
PALM BEACH COUNTY STAFF
S~2e At. tached
COMMENTS ON ANNEXATION
Recreation and Parks: The seven acre park approved and dedicated as a
part of the Meadows 300 Planned Unit Development is within one-half
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 with 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.
Board of County Commissioners ....................................... ........
Ken Spillia~, Chair~an . U "V C:~~rBD.
Dorothy WIlken, Vice Chaumanl ~J.-...-
Peggy B. Evatt
Dennis Koehler
Bill Bailey
0\,7
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County Administrator
John C. Sansbury
Department of Planning, Zoning, & Building
Robert E. Basehart
Director
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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 of 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.
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 will allow a Low to Medium
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.
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 - ~~jor
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
Mr. Carmen S. Annunziato
October 4, 1984
Page 2
If you have any questions, please contact our office.
Sincerely,
I:~~ "-r~
Robert Flanagan
Senior Planner
RF:cjs
Encl.
Board of County Commissioners
Ken Spillias, Chairman
Dorothy Wilken, Vice Chairman
Peggy B. Evatt
Dennis Koehler
Bill Bailey
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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SUBJEcr: proposed Lakes of Hypoluxo, P.U.D. Annexa^tion
-
Dear Mr. Annunziato:
As per your request, this office has reviewed the Lakes of Hypoluxo 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.
consistent with past practices, it is my recommendation this project be
assessed a fair share impact fee based on the current rate of $300.00 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 opportunity to comment is sincerely appreciated.
Sincerely,
OFFICE OF THE COUNTY E~INEER
/J / /7 A //1 ,/
V~i/<-~/~C#----
Charles R. Walker, Jr., P.E.
Director, Traffic Division
CRW:ASH:ks
cc: Dick Morley - planning Division
BOX 2429 . WEST PALM BEACH, FLORI DA 33402 . (305) 684-4000
EXHIBIT ' C'
Building Department:
See attached memo.
Utility Department:
See attached memo.
Recy-eat i on 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; 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.
I
OCT ,.' l~~li
I
FROM
TO
Carmen Annunziato
City Planner
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Bob Donovan
Chief Plans Check Inswect(~
~~
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SUBJEcr:_______~:u<~_~~__ H:P ?L~~~__________________________________________ DA TE:_! O-:.u .l.~~___________
FOLD .
Upon review of the above mentioned site-plan, be advised of the following
information.
1. The conceptual building f ootp tint plan should show roof line and building
areas. Roof lines must be shown not encroaching the 0 (zero) property line,
or special overhang easements platted.
;U"""'~"'''l\'"",~r.''''';;>'''~;.li':l",-,Wf"''':',~'!if;""""!''-",,,,,,;'-.l''" 'P.....",c~"..'-"".'lll.:,(.!If:.",.r'~.,t;.;n..;.~ b;("';'
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, B. Donovan J
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PLEASE fiEri. Y TO --;;;. SIGNED
REPLY
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SIGNED
ITEM /I F269 . WHEELER GROUP INC.
THIS COpy FOR PERSON ADDRESSED
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MEMORANDUM
"tOV E:. lo.RA
PU\NNI'\U DE.PT.
November 2, 1984
TO:
Mr. Cannen Annunziato,
City Planner
==:-~, .-.- '
-
RE: Lakes of Hypoluxo
Attached is a copy of a letter from Pararrount Engineering, comni tting them
to :run a 12" water line westward to Lawrence Road and taking the appropriate
credits.
\]~~
Perry A. Cessna,
Director of Utilities
crrd
Attachment
PAA4MOUNr ENGINEERING GROUP
350 Camino Gardens Blvd.. Boca Raton, Florida 33432 / (305) 395-2736
Orlando, Florida. New York, New York. Rochester, New York. Silver Spring, Maryland
IfG4801
Mr. Perry Cessna
City of Boynton Beach
Utilities Department
120 N.W. Second Avenue
Boynton Beach, Florida 33435
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October 26, 1984
RE: LAKES OF HYPOLUXO
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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.
riswp. er V. ~
Vice Pr sident
CVH/kb
CC: Dick Whalen
Engineers
Architects
Planners
___"_L_