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REVIEW COMMENTS , PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-167 THRU: Chairman and Members, Planning and Development Board Tambri J. Heyden, Planning and Zoning Director-~~ ~ c:... 7't- /.. Michael w. R~f, Senior Planner TO: FROM: DATE: June 10, 1994 SUBJECT: Palm Beach Groves (Application #1) Annexation Program, Group 1 of Phase 2 Applications for Annexation, Land Use Amendment/Rezoning INTRODUCTION Following the annexation of Group 1, Phase 1 (enclaves), the City Commission directed staff to, in addition to continuing efforts to annex the enclave properties, increase the focus on Phase 2 of the annexation program beginning with the annexation of those eligible properties located within the service area, immediately west of the City. Eligible properties are defined as those contiguous properties whose owners have consented to being annexed. The'l property .9S<::1JJ2.i.ed bL_the~allU j3each Grove~agrJcul tt!X1'\l. and retail busidJ,.ess, and owned by Loy H. Anderson Jr. and Inger K. Anderson, l~ one of five eligible properties. The Palm Beach Groves is an established grove business serving a market area which likely extends to regional limits. Their seasonal operation includes the sale of fruits and vegetables (grown both on and off the premises), container plants, gifts and souvenirs, ice cream and other miscellaneous items. The Palm Beach i Groves also includes walking tours of the processing facility, I wagon tours of the groves, picnic tables and garden trails. ~ All five (5) property owners were sent two separate notices (in addition to the official rezoning/public hearing notice) informing them of the City's annexation plans. Mr. Anderson, in response to these notices, simply inquired about property taxes and the continued operation of the grove business. All five (5) applications consist of an application for annexation and land use plan amendment/rezoning. As this property is being annexed in accordance with the City's annexation program, staff has completed the necessary applications, and the corresponding application fees were waived. The specific analysis for these applications is on the following page and in the form of an abbreviated summary. This summary includes a brief outline describing each property, each application, adjacent land uses, the availability of facilities, the basis on which each is found consistent with the Comprehensive Plan, othel" pertinent information, and the recommendation. A location map follows this analysis. 1 APPLICATION #1 - PALM BEACH GROVES . SIZE: 19.77 acres LOCATION: West side of Lawrence Rd.. begilllling appx 1,300 ft south of Hypoluxo Road. . EXISTING LAND USE: PROPOSED LAND USE: MR5 Medium Residential 5 Agriculture EXISTING ZONING: f PROPOSED ZONING: AR Agricultural Residential AG Agriculture CURRENT USE: PROPOSED USE: Palm Beach Groves agricultural and retail business No change proposed. ,d ...:..; ",0' . ADJACENT LAND USES: ,. ", f (; 'Ii" LAND USE Single family Q" MR5 North: home East: Lawrence Road Farther E. : Knollwood Groves LDR South: L-19 Canal Farther S. : Fox Hollow MR5 West: Homes at Lawrence MR5 ZONING AR PUD RS RS CONSISTENCY WITH THE COMPREHENSIVE PLAN Consistency with the Future Land Use Plan - Consistent . The Comprehensive Plan Future Land Use Map does not recommend land use designations for unincorporated properties west of Lawrence Road. The Future Land Use map will be amended to show this annexed property as Agriculture. Consistency with the goals. objectives. and policies - Consistent . The Agriculture land use classification is being proposed based upon consistency with the existing use, and based on the description of this classification within Policy 1.16.1 (see Attachment nAn). Furthermore. this land use classification is consistent with adjacent land uses. and annexation would be consistent with State law. Since the proposed land use is consistent with surrounding land uses, there are few objectives or policies related to this request. However. there are several issues that should be addressed. as they describe characteristics of this site, indicate consistency with the Comprehensive Plan, and/or fulfill requirements of the Florida Department of Community of Affairs with respect to the review of plan amendments. Annexation This request for annexation. which is in accordance with the City's annexation program established pursuant to Policy 8.10.4. is consistent with Florida Law. Availabilitv of Facilities Florida Administrative Code requires that the availability of, and impact upon public facilities be analyzed. The appropriate analysis for each facility has been conducted. and the results are summarized as follows: Roads: No impact upon the availability of road facilities. Water/Sewer: No impact upon the availability of water/sewer facilities. Solid Waste: No impact upon the availability of solid waste facilities. Recreation: No impact upon the availability of recreation facilities. Drainage: No impact upon the availability of drainage facilities. Impact upon Historical/Archeological Resources Not applicable Impact upon Native Habitats or other Environmental Resources Not applicable Flood Zone: "BII · Consistencv with the Palm Beach County Comprehensive Plan The proposed designation represents a more restrictive land use classification than the current County land use as fewer uses would be allowed and development would be restricted to a lower density. f' . OTHER 7 It should be noted that. based on a strict definition and application of the City's Code of Ordinances. all aspects of the Palm Beach Groves operation may not be permitted within the City of Boynton Beach (see Attachment nBn). Given that such characteristics 2 of this business will become legally nonconforming, or "grandfathered" in accordance with City regulations, and since the Agriculture Zuning District is relatively restrictive, staff recommends that the City consider the need for code revisions which would address the different aspects of this grove business. RECOMMENDATION . The Planning and Zoning Department recommends that theses applications submitted in connection with the Annexation Program be approved based, in part, on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's Annexation Program: 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. ANX2:AXP2G1#1.REP T~")(.: -lic''/'- . ;'r-.',r, -+ -~"~ .~ '"<,..~, ,(,~ ',"~ ,," ~':., l<lt -r (c.l.. 'J"\ '~,... .....t..- ~-'^'<':" " '. r ( .'.l, -} ...; --t >.. ,tr, i,-f." ..\, ' ( "" '''',i .~ 1...,1 ,- ! r'" "'..."", ~. ~- '. " 're ,7'.1.- t;" I. ::' "';-r..- fc" '::L{ ;L.~~ '::'-""'("'";;), (') "1- I, ;'" ( , .. ?, ,~ ~.{ ,~\ i' " ,,:,.("( t, , ~." (, ", ; ~A.. !', i: "t>- t;'[ " 3 ANNEXTATION PROGRAM PHASE 2 - GROUP 1 LOCATION MAP ../iYPOLUXO ROAD 'I .. jJLlCATION €j) i < (fJ w a: Cl z o o . APPLICATION #2 L.WDD. CANAL.l.-19 ~ L.WDD. CANAL CD ~~~., """IN Dl. $ ~ ~ APPLICATION #3 CITY LIMITS- BOYNTON CANAL C-16 OLD BOYNTON ROAD ~ aQUlEV6RDI APPLlCATI APPLlC.A: ION #4 J 4 \TTACHMENT "A" - COMPREHENSIVE PLAN POLICY 1.16.1 - AGRICULTURE LAND USE CLASSIFICATION ~ Agriculture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an interim or long-term use; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; Single-family detached dwellings with a net density of not less than 1 dwe:ling per 5 acres. Recreational: This land use category shall include all Recreational zoning districts, but shall not be limiced to this zoning district. It shall be the pOlicy of the city that all land acquired for pUblic parks, excluding those Which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within 5 years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such on the Futpre Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities: golf courses: private parks and recreation facilities; social and civic clubs and organizations; civic and community centers; waters of Lake Worth and the Intracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Governmental/Institutional: This land use category shall include all PU public Usage zoning districts, and shall include all sites of 3 acres or more which are occupied by city hall, pUblic works complexes, hospitals, 27 ATTACHMENT "s" - CODE OF ORDINANCES, APPENDIX "A" ZONING - AGRICULTURAL DISTRICT Sec. 5 BOYNTON BEACH CODE Maximum strUt- 45 feet, not to exceed 4 'ture height stories b. Sir-gle-family dwellings "I,all conform with R-l requirements (see section 5, parsgraph E-2). Duplex dwellings shall conform to R-2 requIre- ments (see section 5, paragraph F -2). c. All other permitted use3: Minimum lot area 20,000 square feet Minimumlotfront- 100 feet age Minimum yard Minimum yard Minimum yards Midmum living area Maximum lot ClOV- erage Maximum struc- ture height front 40 feet rear 40 feet dde ,;':" 20 feet each side 'As governed by applicable regulatory agency 40 pflrcent 4 stories, not to exceed 45 feet in height 3. Off-street parking. As provided in section ll-H hereinafter. .~ H. AG AGRICULTURAL DISTRICT. These district r !gulations are int~nded to apply to those areas of Boynton Beach, the prese:tt use of which is primarily agricultural or the future US" of which is uncertain. 1. Uses permitted. Within any AG, Agriculture District, no building, structure, hind or water shall be used except for. one or more of the following uses: a. Agricultural Wles which Include, by way of illustration but not by way of limitation, the following: nurseries, greenhouses, orchards, rais- ing of field crops, tree crops, vegetables or flowers on a commercial' scale; i910 APPENDIX A-ZONING Sec. 5 b. Wholesale and retail facilities when clearly incidental to a permitted agricultural use; c. Buildings such as attendant residency, equipment shelters and the like whose use is clearly incidental to an approved agricultural use; d. Preservation or conservation uses intended to maintain the general openness or veget~tion of the land for environmental, educational. archaeo- logical or open space reasons; e. Single-family homes on 2.5 acre lots including private stable facilities provided that animals are kept for recreational uses only and not kept for sale or resale. 1A. Uses requiring environmental review permit Any use listed under 5.H.!. above which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accord. ance with section 11.3. 2. Building and site regulati~ns. No building or portion thereof shall be erected," constructed, converted, established, altered,-" enlargect or used unless the premises and building comply with the following regulations: Minimum lot frontage. . . . . . . . . . . . . . . ., 200 feet Minimum lot area. . . . . . . . . . . . . . . . . . one (1) acre Minimum front yard . . . . . . . . . . . . . . . . . .,. 50 feet Minimum side yard . . . . . . . . . . . 50 feet, Ilach side Minimum rear yard . . . . . . . . . . . . . . . . . . .. 50 feet Maximum structure height. . .. 45 feet, not to ex- ceed four (4) stories 3. Off-street parking. As provided in Section 11H hereinafter. I. REC RECREATION DISTRICT. These district regula- tions are intended to apply to those existing and proposed recreational areas not located in planned unit develop- ments. Included in these areas are both pubnc and private Supp. No. 35 .r...~~..,.,-..";......~ ".' 1911 " .~~~. - .: .:aw;" ,??IT" -m:rn........- ;.-"-<i'~ ",,;:''';1~_''',"' PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-180 FROM: Carrie Parker, City Manager Tambri J. HeYden,~~ Planning and Zoning Director TO: DATE: June 16, 1994 SUBJECT: Palm Beach Groves - Application #1 (File No. 94-001) Annexation Program, Group 1 of Phase 2 Annexation, Land Use Amendment/Rezoning Please place the above-referenced item on the City Commission agenda for June 21, 1994 under Public Hearing. DESCRIPTION: The area occupied by the Palm Beach Groves agricultural and .etail business, which is located on the west side of Lawrence Road, directly opposite the Knollwood Groves PUD, is one of five (5) properties staff is recommending to be annexed as part of Phase 2 of the annexation program. This property is being proposed to be annexed in accordance with the respective agreement for water service and annexation. With respect to property owner opinion, the owner indicated no objection to being annexed. The Palm Beach Groves is an established grove business serving a market area which likely extends to regional limits. Their seasonal operation includes the sale of fruits and vegetables (grown both on and off the premises), container plants, gifts and souvenirs, ice cream and other miscellaneous items. This business also includes walking tours of the processing facility, wagon tours of the groves, picnic tables and garden trails. Since all characteristics of this grove business may not be specifically permitted or addressed by the City'S Code of Ordinances, staff also recommends that the City consider a review of the Agriculture District regulations for possible revisions which would address the different aspects of this grove business. Based on this existing, established use, staff is recommending that this property be shown as Agriculture on the Future Land Use Map, and be rezoned to AG, Agriculture. RECOMMENDATION: The Planning and Development Board unanimously recommends approval of this Plan amendment and rezoning. TJH:mr Att. AHK2:AKP2Gl'l.AGM 1 CITY OF BOYNTON BEACH Legal Department 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Aorida 33425-0310 FAX NO. (407) 375-6090 PHONE NO. (407) 375-6050 ~~ iJJVV: V'1 FACSIMilE TRANSMISSION DATE: TIME: l/30 TO: FROM: FILE REFERENCE:JIjJ/Y)') flflfLeA 1I1f1.Jt::;I--J COMMENT~' at J;ic, ~ 11!h- -hA.y iJJf /J@f /J11tldL - J /3 >Uif(jj J c{ tAt J?}J/YliUfA ()/y1c/ (}J.Ln3u~ lkttlAiT~ -jam aiM adJIMl.*7 !ljJWu}Uj 'I~1 ~t0 NO. OF PAGES, INCLUDING COVER SHEET: l/ (JJ) W jt - t2.td. The information contained in this facsimile message and the pages following are attorney privileged and confidential information intended only for the use of the individual or entity named abOve. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. ORDINANCE NO. 094- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE PALM BEACH GROVES PROPERTY (WEST SIDE OF LAWRENCE ROAD, BEGINNING APPROXIMATELY 1,300 FEET SOUTH OF HYPOLUXO ROAD) ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171. 044, AND 171. 062 (2), FLOR IDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR ADVERTISING; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified adjacent properties that are the subj ects of agreements for water service with the City; WHEREAS, said agreements for water service are also considered voluntary petitions for annexation pursuant to Florida Statutes, which can be executed by the City of Boynton Beach at any time such properties are eligible for annexation according to Florida Statutes; WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171. 044, and 171. 062 (2) Florida Statutp.s: and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sp.ction 1. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes, the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The East 643.18 feet, as measured at right angles to the East line thereof, of Tracts 9 and 16, Northeast 1/4 of Section 12, Township 45 South, Range 42 East, Mary A. Lyman et aI, as recorded in plat Book 9, at page 74 according to the Public Records of Palm Beach County, Florida. Except any and all legal rights-of-way, Easements or Reservations of Record. Containing 19.77 acres more or less. Together with L.W.D.D. L-l9 Canal RIW adjacent South of property. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2. That Section 6 and 6(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, Ll.Ll::: }...U...U,hJCL C~Ly LUU.~HY JCi:)~yuClL~uu QuJ LauJ U~t::: <..;aLe~UL'y ..L;:' Lt::'~HY Je'Lt::..!..lU~JJt::J a~ l.,..ullLl;:.1u~la.Ll:::J ..Ll.L .5t::<..;L..Luu. 1)1.862(2) FlvL~JQ 3LQLuL~~. a certain City zonina designation and Land Use cateQorv is beina adopted. nrovided. however. the City has determined that it is in the best interest of the nuhlic.that unon receint of written notice from the nronerty owner. the City will immediately Droceed to nrocess a land use nlan amendment for low density residential and a rezoninq to RIAAB a]] as contemplated in Section 171.062/2l Florida Statutes. Sect ion 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 this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7, The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding the corresponding amendment to the Comprehensive Plan to be in compliance in accordance with Chapter 163.3184, F.S.,; or the date a final order is issued by the Administration Commission finding the corresponding amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the corresponding Plan amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. Section 8: Specific authority is hereby given to codify this Ordinance. Sect i on 9. This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this day of October, 1994. SECOND, FINAL READING and PASSAGE this day of , 1994. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) A: PBGROAX. ORD