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
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MINUTES - REGULAR CITY COMM~SSION
BOYNTON BEACH, FLORIDA
JULY 18, 1989
\(L 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,:andJ,choose:;.no~~ to, y()u begome~,.the,:last
. f,category.for the use'of:tthe.ut;a.l.ity. "';.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
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