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AGENDA DOCUMENTS MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 18, 1989 .-*2. Consider approval of Water Service Agreement for Palm Beach Land Associates Mr. Cheney stated that the basic recommendation was that this be denied until annexation takes place. Mr. Annunziato explained the City's policy, as he understands it, is that if you can annex and choose not to, you become the last category for the use of the utility. This was the written policy of the prior Commission. There are two parcels within this tract that would be left out. There is a small undeveloped tract along U.S. 1 and there is a warehouse on Old Dixie Highway as well as a trailer park on the north. ./ The prior and current Comprehensive Plans suggest that the uses along U.S. 1 should be retail and the uses along Old Dixie Highway should be general commercial. In addition, this was one of the sites that the Commission agreed would be a reasonable location for an automobile dealership. - ) " :' The applicant wishes to construct mini-warehouses, which is not authorized by the Code in M-l. Staff recommends a split between C-3 and C-4. Mr. Lee Starky of Adair & Brady, explained the applicant's situation to the Commission and stated when it became apparent that the City was not going to "flex" in any way on their requirements, the applicant applied for special exception before Palm Beach County to get a mini-storage facility on the property. He stated part of that application was con- firmation of water and sewer. They were unable to get that confirmation because staff would not approve it because of the conflict. Their efforts to get the special exception died. Elaboration took place. Mr. Starky indicated the property has been on the market for some time and has remained unsold. They would like to make the property pro- ductive and they have a user that wants to utilize the property. He stated his client was willing to annex but could not do so beforehand. Discussion took place about annexation, zoning, prior policy and establishing new policy. Vice Mayor Olenik moved that the Contract be approved. If there is a policy, deviate from it and allow the applicant ~to annex with rezoning to M-l, or whatever it takes. Commissioner Wische seconded the motion which carried 4-0. Mr. Annunziato stated the motion would allow the applicant to move forward and construct in the County. The earliest annexation date would be Mayor June, 1990. The permit would be pulled under the County. Part of the agreement is that they will annex. 22 ----- / , 12(.;'- n,b/{ ,:;:)~/'}i (he /7'?(~t?c-/-c::S /" if- c.Jeuca:' . . ~r:f ~- Th (t- ~-, --rh is ~1Ye-e_;77C Y,l t- .. (;-.c-:::.p rcC-~.$S~ lo-y;:'dv<-,j;. , - )/,' "-I 7' /!b. 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"';.his~iwa.\~th.written '7<" policy 'of "the pr,iot"~ColUllia.ion .~~.;There. are.,ltwo p.rcela' ,;'j,j,wi thin .thi.~'"tract that would be' left out. ";Th.re'i.1!i.~a~' small <.";',~Ii: Undeveloped~traat along. U.8" ,l"and,:there i.~~a(wareb.ouse on ,"'Ic. )<~Old Dixie Highway as well as a trailer park ;on:.~t~E!.:;n,or.th. . .;, .. ' . d; '. ;T,,~_ -;: '1",,' :," -,' <-I;,~ .~. <~ , "The prior and current Comprehensive Plans suggest that the uses along U.S. '1 should'be retail and the usesialong Old . Dixie Highway should be general commercial. In.addition, this was one of the sites that the Commission agreed would be a reasonable location for an automobile dealership. The applicant wishes to construct mini-warehouses, which is not authorized by the Code in M-l. Staff recommends a split between C-3 and C-4. Mr. Lee Starky of Adair & Brady, explained the applicant's situation to the Commission and stated when it became apparent that the City was not going to "flex" in any way on their requirements, the applicant applied for special exception before Palm Beach County to get a mini-storage facility on the property. He stated part of that application was con- firmation of water and sewer. They were unable to get that confirmation because staff would not approve it because of the conflict. Their efforts to get the special exception died. Elaboration took place. Mr. Starky indicated the property has been on the market for some time and has remained unsold. They would like to make the property pro- ductive and they have a user that wants to utilize the property. He stated his client was willing to annex but could not do so beforehand. Discussion took place about annexation, zoning, prior pOlicy and establishing new policy. Vice Mayor Olenik moved that the Contract be approved. If ~there is a policy, deviate from it and allow the applicant ~^to annex with rezoning, to M-l, or whatever it takes. Commissioner Wische seconded the motion which carried 4-0. Mr. Annunziato stated the motion would allow the applicant to move forward and construct in the County. The earliest annexation date would be Mayor June, 1990. The permit would be pulled under the County. Part of the agreement is 22 '-~"'- -_._-_._--~-_.__._--~~--'-----------