AGENDA DOCUMENTS
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
4. Proposed Ordinance No. 09514-
Inc. Property
5. Proposed Ordinance No. 095-15
Oriole Inc. Property
6. Proposed Ordinance No. 095-16
Inc., Property
MAY 16, 1995
^;JJ'l cl.t 011
7~-.
Re: Annexation - Lawrence Oaks - Oriole
the vote. The vote was unanimous.
Re: Land Use Element - Lawrence Oaks -
Re: Rezoning - Lawrence Oaks - Oriole
Attorney Cherof read Proposed Ordinances Nos. 095-14, 095-15 and 095-16 by title only.
Motion
Vice Mayor Bradley moved to approve Proposed Ordinances Nos. 095-14, 095-15, and 095-16
on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was unanimous.
7.
Proposed Ordinance No. 095-17
Condominium Property
Proposed Ordinance No. 095-18
Condominium Property
Proposed Ordinance No. 095-19
Condominium Property
Re: Annexation - Carriage Gate
8.
Re: Land Use Element - Carriage Gate
9.
Re: Rezoning - Carriage Gate
Attorney Cherof read Proposed Ordinances Nos. 095-17, 095-18 and 095-19 by title only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ordinances Nos. 095-17, 095-18, and 095-
19 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the
vote. The vote was unanimous.
C. Resolutions:
1 . Proposed Resolution No. R95-65 Re: Authorize execution of agreement
between the City of Boynton Beach and Howard Scharlin, Trustee for
Woolbright Place, Joint Venture (Tradewinds) ............................... TABLED
Motion
Mayor Pro Tem Matson moved to take C-1 off the table. Vice Mayor Bradley seconded the motion
37
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
~ANUARY 17. 1995
o. Project Name: Annexation - Lawrence oaks ltIJA/Ey q ~-OO '1
Owner: Lawrence Oaks - Oriole Homes, Inc.
Location: 42 acres at the northwest corner of Lawrence Road and
Kncillwood Road
Description: Land Use Element Amendment/Rezoning: Request to show
annexed land as Low Density Residential and to rezone
from RS-SE (Single Family Residential - Special
Exception) in Palm Beach County to PUD (Planned Unit
Development)
Ms. Heyden stated that Lawrence Oaks is a County approved project. It received
site plan approval by the County in 1993 and was recently platted. In June of
1994, the City authorized execution of an agreement for water and sewer service,
with the condition that the owners would volunteer to be annexed into the City.
Following the recent annexation of the Knollwood Groves property, the subject
property became contiguous and therefore eligible for annexation. This project
consists of 178 units designed as zero lot line patio homes. Staff had provided
an analysis of the zoning issues of that particular approval and how it compares
to the City. Oriole Homes began construction of the site improvements approxi-
mately six months ago. They are the current owners. Lowell Homes is the
contract purchaser. They are the ones wha will be pulling the building permits.
The City is currently negotiating with the County regarding how the property
will be inspected and permitted once it becomes annexed.
The providers of major urban services (Fire, Police,.and Public Works) evaluated
this property for annexation. It is within the service area of Fire Station 3,
which has superior service capability compared to the corresponding County sta-
tion. No deficiences are expected upon annexation or anticipated in the near
future.
Ms. Heyden reviewed the existing and proposed land uses, the existing zoning and
proposed zoning, and the adjacent land uses. The PUO zoning district was
selected because it is the only zoning district the City has that would respect
and honor the current County approval.
NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT
AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING
CLOSED.
Motion
Commissioner Katz moved to transmit the proposed annexation of Lawrence Oaks to
the Department of Community Affairs. Vice Mayor Matson seconded the motion.
Mayor Hanmening read into the record a memo from the Fire Chief to the City
Manager regarding the annexation of properties west of Lawrence Road, in which
it is indicated that Boynton Beach Fire Station 3 provides superior equipment,
more personnel, and quicker response times.
The motion carried 4-0.
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MINUTES
-PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10, 1995
Ms. Burns expressed the opinion that the residents would not gain anything for
the extra tax dollars. Vice Chairman Dube advised that they would be receiving
City services which include Police. Fire and emergency rescue services in addi-
tion to refuse collection. Mr. Rumpf advised that the Police. Fire and Rescue
have evaluated the property and indicated that it exists within their service
area. They can immediately take over responsibility at a higher quality than
the County provides. Although sanitation rates will increase. water and sewer
rates will decrease since the City is allowed to charge a premium for water and
sewer to out-of-City residents. Mr. Rumpf advised Ms. Burns that the refuse
collection rates could increase up to $50 more per year if the condos are con-
sidered single-family residences with curbside pickup.
Mr. Weigle inquired as to whether or not the City has noted a rise in property
value because a property was annexed into the City. Mr. Rumpf was unable to
respond since this program has not been in place long enough to be a good indi-
cator. According to the County, properties are not appraised based upon juris-
diction.
Motion
Mr. Golden moved to approve the request to show annexed land as High Density
Residential and to rezone from RM-SE (Multi-family Residential, Medium Density -
Special Exception) in Palm Beach County to R-3 (Multi-family Residential). sub-
ject to the recommendations and findings in the staff report and that it is
consistent with the Comprehensive Plan. Vice Chairman Dube seconded the motion.
which carried unanimously.
5. Project Name:
Owner:
Location:
Annexation Progr~ Application '4
Lawrence Oaks
Lawrence Oaks - Oriole Homes,-Inc.
42 acres at the northwest corner of Lawrence Road
and Knollwood Road
Request to show annexed land as Low Density
Residential and to rezone from RS-SE (Single-Family
Residential - Special Exception) in Palm Beach
County to PUD (Planned Unit Development).
Description:
Mr. Rumpf made the presentation. He advised that this is a County-approved
project which received site plan approval in 1993. This is the remaining phase
of Fox Hollow. With respect to reviewing and penmitting, this would be a simi-
lar situation as exists with the Windward PUD. If annexed, at that point in
time, the City would be responsible for completing the necessary reviews,
issuing penmits and making the inspections for a project not reviewed in the
City. The City is working on finding a solution to this problem.
The proposed Low Density Residential land use is comparable to the County's
Medium Residential 5. The Planned Unit Development zoning district is proposed
as it is the most comparable district to the County's PUD district, and is the
only City district that will accommodate the County approval of the Lawrence
Oaks site plan. Staff recommends that the property be zoned to PUD with the
County-approved site plan. Staff conducted a technical review and forwarded
comments.
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MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10, 1995
Staff recommends approval of the application based on:
1. The subject property is contiguous to the corporate limits;
2. The subject ~roperty lies within the City.s Reserve Annexation
Area;
3. The annexation of this property is consistent with the City's
Annexation Program; and
4. The proposed land use amendment is consistent with the goals,
objectives and policies of the Comprehensive Plan.
CHAIRMAN LEHNERTZ ANNOUNCED THE PUBLIC HEARING.
Janice Burke~ representing Lowell Homes. reported that she has a master model of
all of the elevations of the models that will be built on the property. Because
of this, the submittal process of any model she sells is not very intense and
she is able to secure a permit within three to five working days.
Ms. Heyden advised that in anticipation of this annexation, the City has
approached the County to see if they will continue the permitting even though
the property is annexed. So far, there has been no response from the County.
If that proposal is not suitable to the County, the City will take on those
functions. We should have a response shortly. If the County does not support
the proposal, staff will meet with Lowell Homes as soon as we hear from DCA to
make a dec is i on on how the pe rmi t t i ng wi 11 be accomp 1 i shed.
Ms. Burke expressed concerns about time delays, and questioned whether the City
has a Master Model Program. She explained the Program for Ms. Heyden, who
advised that the process sounds similar to what we have in place in the City.
Ms. Heyden suggested that Ms. Burke meet with the Building Department if she
wants an answer prior to this returning from DCA.
Dr. B. J. Hunt. resident at Fox Hollow. said his board asked that he attend this
meeting and bring back information. He explained that Lawrence Oaks and Fox
Hollow were one property. Fox Hollow was developed and Lawrence Oaks was taken
over by the present developer. Both developments are attempting to effect a
separation which the County does not presently recognize.
Ms. Heyden advised that the City is not planning to annex the northern part of
Fox Hollow at this time.
A resident of 7613 Green Lake ~ said his area was not considered for annexa-
tion. There will be a common road with Police protection only up to a boundary.
Chairman Lehnertz again reiterated his earlier remarks regarding investigating
other properties throughout the City for annexation. This property has a very
irregular barrier in terms of service providers. It will be easy to mix up
the locations of the barriers.
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MINUTES
. PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 10, 1995
In looking at this in tenms of land use and zoning, the Board is being asked to
zone something and provide a land use designation for uses with 10' front and
rear setbacks. No setbacks are provided for screen or pool enclosures. While
this might be okay for the CountYt it is not good for the City. Even staff com-
ments state this is not consistent with what we have in the City. Chainman
Lehnertz stated that he has major prOblems with this request. Further, as
pointed out by Mr. Rumpft annexation is not supposed to create pockets. This
application comes very close to creating an unincorporated pocket in the City.
Motion
Vice Chainman Dube moved to approve the request of Annexation Program
Application #4 - Lawrence Oaks, to show annexed land as Low Density Residential
and to rezone from RS-SE (Single-Family Residential - Special Exception) in Palm
Beach County to PUD (Planned Unit Development), subject to staff comments and
that it is consistent with the Comprehensive Plan. Mr. Golden seconded the
motion, which carried 6-1. (Chainman Lehnertz cast the dissenting vote.)
L:.
OTHER
None
COMMENTS BY MEMBERS
Chainman Lehnertz stated that although the Board nonmally has legal representa-
tiont there was no representation this evening. There were a number of times
during this meeting when legal counsel was needed. Chainman Lehnertz asked that
staff or the City Commission work on making sure legal representation is avail-
able to the Board.
Mr. Rosenstock said this happened in the past when he was Chairman of the Board.
He feels the City Commission is not reading the minutes of these meetings. He
suggested that Chainman Lehnertz contact the City Manager's Office and dictate a
letter stating that the City Attorney was not present and find out whether there
has been a change in policy relative to the Attorney advising this Board. If no
such change has taken placet an explanation regarding his absence should be pro-
vided to the Board.
Vice Chairman oube expressed his concern because of the fact that the City Com-
mission and the City Attorney were aware that there would be legal representa-
tion appearing before the Board on one of the applications. The Board members
were placed at a disadvantage not having an attorney present to advise them.
Mr. Golden also expressed his opinion that the Board should have had legal
representation because of the issues that had to be addressed this evening.
ADJOURNMENT
There being no further business to come before the Boardt the meeting properly
adjourned at 9:35 p.m.
~Yn.~
Unet M. Prainito
Recording Secretary
(Three Tapes)
- 17 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
;r
\
JUNE 7, 1994
E. Approve bUdget transfer from the Contingency Fund to cover moving
expenses tor ~ohnetta Broomfield and to balance out account tor ~
Dental Insurance for the City Commission. ~
The expenses totaled $2,709 and the items have been moved. Also, the other
transfer is to cover a shortfall in the Dental Insurance account.
F. Approve Records Destruction Request tor the Finance Department.
This request covers the destruction of utility customer records, cash payment
stubs, billing register and statement summary reports. Request #273 has been
ctfJlJr ull~u uy ~IIC: 5i.cti.t:.
G. Acceptance and acknowledgement ot Castott.s Square Dance Club dona-
tion to the Recreation and Park Department
The Castoff's Square Dance Club has again provided a donation of $2,200. A
thanK you letter was sent on May 24, 1994 by Charles Frederick.
H. Request for transfer of Cemetery Lots 18B and 19A. Block Y. Boynton
Beach Memorial Park.
This is a transfer of cemetery lot ownership from one person to another. A
transfer fee of $25 is required. As outlined in City Clerk Sue Kruse.s
Memorandum No. 94-67, Gladys B. Goldberger requests permission to transfer these
lots to Peggy E. Goldberger.
Motion
.
Commissioner Aguila moved to approve the Consent Agenda with the exception of
Items C.6 and o. Mayor Pro Tem Bradley seconded the motion, which carried
unanimously.
6. Proposed Resolution No. R94-94 Re: Authorize execution of Water
Service Agreement for Lawrence Oaks-Oriole Inc., a 42-acre parcel
of undeveloped land located on the west side of Lawrence Road
between Hypoluxo Road and Miner Road
Mayor Pro Tem Bradley asked for a legal opinion regarding the status of these
water service agreements and some suggestions with regard to how the City
Commission should move in terms of annexation in the future. Attorney Cherof
will bring this information back at the next meeting.
Vice Mayor Matson stated that since this property is now contiguous, a motion to
approve should be subject to VOluntary annexation.
City Manager Parker said one of the conditions of the water service agreement is
that the property owner voluntarily annexes into the City when the property
becomes contiguous. This parcel is now contiguous and the motion should include
the processing of the voluntary annexation concurrent with the execution of the
water service agreement.
Motion
()
Commissioner Aguila moved to approve Proposed Resolution No. R94-94 concurrent
with the processing of the voluntary annexation. Commissioner Katz seconded the
motion, which carried unanimously.
- 6 -
t
. 1-v1~
tif"~
C I T Y
o F
BOY N TON
B E A C H
PLANNING & DEVELOPMENT BOARD MEETING
AGE N D A
DATE:
Tuesday, January :0, 1995
T:ME:
7:00 P.M.
PLACE:
Commission chambers
100 E. Boynton Beach Blvd.
Boynton Beach, FL
----------------------------------------------------------------------
----------------------------------------------------------------------
1.
Pledge of Allegiance.
...
'"' .
Introduction of Mayor, Commissioners and Board Members.
"
..J.
Agenda Approval.
4.
Approval of Minutes.
5.
Communications and Announcements.
A. Report from the Planning and Zoning Department.
l} Final disposition of last month's agenda items.
B. Filing of quarterly report for Site Plan waivers and Minor
Site Plan Modifications.
~. old 3usiness
NONE
7. New Business
A. PUBLIC HEARING
LAND USE ELEMENT AMENDMEKT/REZONING
1. PROJECT NAME: woolbright Professional Center
AGENT:
John G. G:'ander
OWNER:
Woolbright
(part:1ership)
Professional
C e :1 ': e L-
LOCATION:
Woolbright Road at L.W.D.D. E-4 c.3nal.
southwest cerner
DESCRIPTION:
Request for a map amendment to the Fu-:.uro?
Land Use Element of the Comprehensl'le
plan from Office Commercial to Lo~al
Retail Commercial and rezoning from C-1
(Office/Professional) to C-2
(Neighborhood Commer~ial).
...,
PROJECT tl!\ME: AnnE::':3.tion program applica':ion =1
Windward Pl'D
.JWI\ER:
Property owners within the Windw3rd pur.
LO'=,;'I'I'JN:
110 d2res at the northeast :orner of
Milltary Trail and Gateway Bo~levar~.
P3.g'~ .::
P13nning and Development Board
J an u a r y 2. C': 1 <;I ':' ~
DESCP.I?TICN:
Request to show annexed land as Low
Density Residential and rezone from RS-SE
:Single Family Residential Special
Except ion) in Palm Beach Co un ty to ?T~.C
(Planned Unit Development).
3. PROJECT NAME: Annexation program application ~2
Royal Manor Mobile Horne Park
OWNER:
LOCATION:
DESCRIPTION:
Royal Manor Mobile Horne Estates, Inc.
85.60 acres on the north and south sides
of Gateway Boulevard, approximately 1,350
feet west of Lawrence Road.
Request to show annexed land as Moderate
Density Residential and to rezone from
RS-SE (Single Family Residential
Special Exception) in Palm Beach County
to R-1 (Single Family Residential).
4. PROJECT NAME: Annexation program application =3
Carriage Gate Condominium
OWNER:
LOCATION:
DESCRIPTION:
property owners within Carriage Gate
Condominium.
9.70 acres on the south side of Old
Boynton Road, opposite Nickles Boulevard.
Request to show annexed land as Hig~
Density Residential and to rezone f::.-om
RM-SE (Multi-family Residential, Medium
Density Special Exception) in Palm
Beach County to R-3 (Multi-family
Residential) .
5. PROJECT NAME: Annexation program application =4
Lawrence Oaks
OWNER:
LOCATION:
DESCRIPTION:
::. ether.
0. Commehts ~y ~embers.
, r.
A.d] C'lLi.mE-:-l t .
Lawrence oaks - Oriole Homes, Inc.
4~ acres at the northwest ccrner of
Lawrence Read and Knollwood Road.
Request to show annexed land as Lcw
Denslty Hesidential and to re:one f:..-c:r.
RS-SE (Single Family Residentlal
Special Exception) in Palm Beach Cou~ty
to PUD (Planned Unit Development).
page 3
Planning & Development Soard
January 1J.< 1995
NOTICE
ANY PEP.SON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND
DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING
WILL NEE~ A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY
TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM I OR
ACTIVIT~ CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407)
375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
~ P&::)'=-'jt'~.:lC
3
7.A.5.
Annexation Program Application #4
Lawrence Oaks