LEGAL APPROVAL
\
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE' TALLAHASSEE. FLORIDA 32399,2100
LAWTON CHILES
LINDA LOOMIS SHEllEY
SKrer..,.,.
Go"emor
April 9, 1993
The Honorable Edward Harmening
Mayor of Boynton Beach
City of Boynton Beach
100 East Boynton Beach Blvd,
Boynton Beach, Florida 33425
Dear Mayor Harmening:
The Department has completed its review of the adopted
Comprehensive Plan Amendment (Ordinance Nos. 092-62 and 092-64;
DCA No, 9351) for the City of Boynton Beach, as adopted on
January 5, 1993 and determined that it meets the requirements of
Chapter 163, Part II, Florida statutes, for compliance, as defined
in Subsection 163.3184(1)(b), The Department is issuing a Notice
of Intent to find the plan amendment In compliance, The Notice
of Intent has been sent to the News for publication on April 12,
1993,
Please note that a copy of the adopted City of Boynton Beach
Comprehensive Plan Amendment, and the Notice of Intent must be
available for public inspection Monday through Friday, except for
legal holidays, during normal business hours, at the City of
Boynton Beach City Hall, Planning Department, 100 East Boynton
Beach Boulevard, Boynton Beach, Florida 33425.
RECEIVED
APR 1 ? \~~j
cnv~OFfICE
EMERGENCY MANAGEMENT' HOUSING AND COMMUNITY DEVElOPMENT' RESOURCE PLANNING AND MANAGEMENT
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CITY OP' BOYNTON BEACH
OFFICE OF THE CITY MANAGER
Date
April 14, 1993
Edward Harmening, Mayor
Jose Aguila, Vice-Mayor
Lynne Matson, Commissioner
Robert Walshak, Commissioner
David Katz, Commissioner
AS REQUESTED
FOR YOUR INFORMATION
SUBJECT: Comprehensive Plan Amendments
Attached hereto please find a copy of a letter dated April 9, 1993, from
The Florida Department of Community Affairs directed to Mayor Ed Harmening
informing the City that the DCA has completed its review of the adopted
Comprehensive plan Amendment for the City of Boynton Beach and has found it
to be in compliance; therefore, the DCA is issuing a "Notice of Intent" to
find the plan amendment In Compliance.
For your information this Comprehensive plan Amendment pertained to the
Lawrence Road and Hypoluxo Road Commercial Center (southeast corner).
Should you have any questions relative to this subject matter, please feel
free to contact Chris cutro, Director of Planning, or myself,
4~~~
~ Scott er
ity Manager
RECEIVED
JSM: j b
Attach.
.\Pft .14
,PLANNING DEPT.
cc: Chris cutro, Director of Planning
Sue Kruse, City Clerk
File
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FINO THE
CITY OF BOYNTON BEACH
COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE
DOCKET NO. 93S1-NOI-5005-(A)-(I)
The Department gives notice of its intent to find the Amend-
ment(s) to the Comprehensive Plan for the City of Boynton Beach,
adopted by Ordinance No(s). 092-62 and 092-64 on January 5, 1993,
IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S,
The adopted City of Boynton Beach Comprehensive Plan Amend-
ment(s) and the Department's Objections, Recommendations and Com-
ments Report, (if any), are available for public inspection
Monday through Friday, except for legal holidays, during normal
business hours, at the City of Boynton Beach city Hall, Planning
Department, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida 33425.
Any affected person, as defined in Section 163.3184, F,S.,
has a right to petition for an administrative hearing to chal-
lenge the proposed agency determination that the Amendment(s) to
the city of Boynton Beach Comprehensive Plan are In Compliance,
as defined in Subsection 163.3184(1), F.S. The petition must be
filed within twenty-one (21) days after publication of this
notice, and must include all of the information and contents
described in Rule 9J-11.012(8) , F.A.C. The petition shall be
filed with the Agency Clerk, Department of Community Affairs,
2740 centerview Drive, Tallahassee, Florida 32399-2100, and a
copy mailed or delivered to the local government. Failure to
timely file a petition shall constitute a waiver of any right to
request an administrative proceeding as a petitioner under Sec-
tion 120.57, F.S. If a petition is filed, the purpose of the
administrative hearing will be to present evidence and testimony
and forward a recommended order to the Department, If no peti-
tion is filed, this Notice of Intent shall become final agency
action.
If a petition is filed, other affected persons may petition
for leave to intervene in the proceeding. A petition for inter-
vention must be filed at least five (5) days before the final
hearing and must include all of the information and contents
described in Rule 221-6.010, F,A,C. A petition for leave to
intervene shall be filed at the Division of Administrative Hear-
ings, Department of Management Services, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-1550. Failure to petition to inter-
vene within the allowed time frame constitutes a waiver of any
right such a person has to request a hearing under Section
120.57, F.S., or to participate in the administrative hearing,
~E:~ctor
Department of Community Affairs
Division of Resource Planning
and Management
2740 centerview Drive
Tallahassee, Florida 32399-2100
The Honorable Edward Harmening
April 9, 1993
Page Two
If you have any questions, please contact me, or Maria
Abadal, Plan Review Administrator, at (904) 487-4545,
Sincerely,
~H'j ~lU(,/U t} h---
Suzanne Bellamy WbOd~ock
Planning Manager
SBWjdclw
Enclosure: Notice of Intent
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cc: Daniel M, Cary, Executive Director, Treasure Coast Regional
Planning Council
J, Scott Miller, City Manager
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399-2100
LAWTON CHILES
LINDA LOOMIS SHELLEY
Governor
Secretary
January 22, 1993
Mr. Christopher cutro, AICP
Planning Director, City of Boynton Beach
Planning & Zoning Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Dear Mr. Cutro:
Thank you for submitting copies of the city's Small Scale
Development Plan Amendment, adopted by Ordinance No(s). 092-62
and 092-64 on January 5, 1993 for our review. We have conducted
a preliminary inventory of the amendment package to verify the
inclusion of all required materials, The reference number for
this amendment package is Boynton Beach 93S1.
The submission package appears to be complete, and the
Department acknowledges your request for waiver of the Objec-
tions, Recommendations and Comments review process. The Depart-
ment will conduct a compliance review and issue a Notice of
Intent regarding the adopted small scale development plan amend-
ment in accordance with procedures contained in section 163.3187,
F.S., as codified in Chapter 92-129, Laws of Florida. Once the
review is underway, you may be asked to provide additional sup-
porting documentation by the review team to ensure a thorough
review.
If you have any questions, please contact Suzanne Woodcock,
Planning Manager, for review team B, which will be reviewing the
adopted plan amendment. Her telephone number is (904) 487-4545.
,
Ri..:CENED
Sincerely,
;f:.~-6.t,.::r A~~-<4r"
A '0.,
,j N 2!l I.:>
PLANNING DePT.
RAjt:jr
Robert Arredondo, AICP
community Program Administrator
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
,rrhe City of
'Boynton 'Beacn
'l!fannine t!1' Ztmine 'Department
100 'L. 'Boynton 'Beam '1Joukvarri
2'.0. 'Bo;r,3IO
'Boynton 'Bell&. 7WriiIa 33425,0310
(407) 738-7490, :T.!U: (407) 738.7459
January 13, 1993
Mr. Daniel M. Cary, Executive Director
Treasure Coast Regional Planning council
3228 S.W. Martin Downs Boulevard
Suite 205, P,O. Box 1529
Palm City, FL 34990
RE: Transmittal of Adopted Comprehensive Plan Amendment (Small
Scale)
Dear Mr. cary:
Enclosed you will find one (1) copy of an adopted, small-scale
Comprehensive Plan amendment. This amendment, entitled Lawrence
and Hypoluxo Commercial center, consists of an amendment to beth
the Future Land Use Map and the text of the Comprehensive Plan, In
accordance with the recent revisions to Chapter 163 F,S" which
pertain to the adoption of plan amendments, this amendment has been
identified as a small-scale amendment and, was therefore not
subject to State review according to Chapter 163,3184 (3)-(6),
The Lawrence and Hypoluxo Commercial Center was considered by the
Planning and Development Board (Local planning Agency) on December
8, 1992 and adopted by the City Commission on January 5, 1993 at a
public hearing that was held subsequent to due public notice. It
is understood that this amendment is to be transmitted to the
Department of Community Affairs and the Treasure Coast Regional
planning Council within 10 working days of adoption.
With respect to Rule 9J-11.006, which outlines the procedures and
requirements for transmitting plan amendments, please be advised of
the following:
(3) 1, One (1) copy of the amended Future Land Use Map is
included within Attachment "A";
.qmericas Gate"!.i1.u to tfie Gu[fstream
To: Mr. Daniel M. Cary
-2-
January 15, 1993
(3) 2, One (1) copy of the amended Future Land Use Element,
including the amended text, is included within Attachment
"B" (please note that no changes were made directly to
any goals, objectives, or policies, but rather to Section
VIII of the Future Land Use Support Document which was
adopted by reference by Policies 1.16,4 and 1,17,3);
(3) 3. A copy of each ordinance amending the Future Land Use Map
and the text of the ComprehenSive Plan is found within
Attachment "C";
(3)(a) 4. Not applicable as this amendment was not reviewed as a
proposed amendment according to Chapter 163,3184 (3) - (6) ;
(3)(b) 5. A listing of findings of the local governing body, which
were not thoroughly explained within the ordinances, on
which the adoption of this amendment are based are
outlined in Attachment "D", within the staff report as
provided to the Local Planning Agency; and
(3)(C) 6, Not applicable.
Although it is unclear if any requirements of Rule 9J-11.006 (ll(a)
apply to an adopted small-scale amendment submittal, the following
has been prOVided for your information;
(1) (a) 1. Contact person: Michael Rumpf, Senior Planner
City of Boynton Beach, P,O. Box 310
Boynton Beach, FL 33425-0310
Tel: (407) 738-7490
(l)(b) 2. The revised Future Land Use Map is attached as indicated
above;
(1) (b) 3, The staff report wi thin Attachment "DOl provides the
necessary land use information for the subject property,
and the adjacent land use designations are indicated on
a map within Attachment "E";
(l)(b) 4, The size of the subject property is indicated within the
staff report located in Attachment "D";
(l)(b) 5, An indication of the availability of, and the demand on
public facilities is provided within Attachment "F"; and
(1) (b) 6, Information regarding the compatibility of the Future
Land Use Map amendment
comprehensive plan is
within Attachment "D",
below,
and text amendment with the
prOVided in the staff report
and addressed in the summary
To: Mr. Daniel M, Cary
-3-
January 15, 1993
In addition to the staff report which indicates, in part, the basis
on which the Future Land Use Map and Comprehensive Plan text is
being amended, the following summary further justifies this small-
scale Comprehensive Plan amendment with respect to compliance with
5.163, F.S., Rules 9J-5 and 9J-11, F.A.C., and the City's
Comprehensive Plan:
1, As the staff report indicates, there have been increases in
land designated for residential use beyond that which was
projected in the Comprehensive plan, which will offset any
subsequent, minor conversions of land to commercial
designations. Therefore, this small scale amendment will have
no negative affect upon the estimated gross acreage needed for
each land use category, or upon the population projections
within the Comprehensive Plan;
2, This site contains no significant native features worthy of
consideration by the City's comprehensive Plan or the Palm
Beach County inventory of native ecosystems. Furthermore,
this site is undeveloped and therefore has no historic
features worthy of recognition by either the City or Palm
Beach County;
3, Wi th respect to the elimination or reduction of land uses
inconsistent with the City's character and, the need to
increase or decrease the intensity of land uses, the land use
amendment is appropriate for the subject area as described in
the staff report and justified by the Comprehensive Plan;
4. The subject property is located within a "B" flood zone, not
a flood prone area;
5. As the staff report indicates, this small scale amendment is
consistent with the Future Land Use element objectives and
policies as well as consistent with the Future Land Use
support Document;
6. With respect to Traffic Circulation Element analysis
requirements, the only relevant policies within the Plan that
currently apply, which regard the establishment of levels of
service standards, will be adhered to through phasing. As
indicated by the analysis on the availability of facilities
(see Attachment "F"J, and the traffic study, traffic
facilities will be available in accordance with the Palm Beach
County Traffic Performance standards ordinance;
7 , Wi th respect to Housing Element analysis requirements, see
item #1 above, and the staff analysis within Attachment "D".
Furthermore, it should be emphasized that the county had
previously amended the land use on the subject property from
residential to commercial in response to the opinion of the
To: Mr, Daniel M. Cary
-4-
January 15, 1993
city Commission that residential was not an appropriate land
use for this location;
8, With respect to Infrastructure Element analysis requirements,
the availability of facility analysis within Attachment "G"
indicates the availability of facilities provided by the City
and, it should be repeated that the amendment is consistent
with Palm Beach County's comprehensive Plan. Furthermore, the
subject amendment is not inconsistent with any Infrastructure
Element objective or policy;
9, The Coastal Zone Management, Conservation, and Recreation and
open Space Elements are not applicable.
10, The Intergovernmental Coordination Element analysis
requirements have been satisfied as proper notifications and
requests for availability of facility analyses have been sent.
Furthermore, the subject property is within the City's reserve
annexation area and, annexation of it will eliminate an
unincorporated pocket;
11. With respect to Capital Improvements Element analysis
requirements, there are no impacts upon capital facilities
that have not been projected within the analysis of the
Comprehensive Plan, Therefore, levels of service are met and
all other related policies are complied with; and
12, With respect to consistency with the State Comprehensive Plan
and the Regional comprehensive Policy Plan, the above
statements, along with the information provided within the
staff report address all pertinent issues and topics within
the State and Regional Plans, Such issues and topics include
housing, natural systems, endangered species, levels of
service, intergovernmental coordination, pUblic facilities,
historic resources, and transportation.
If you have any questions concerning this amendment package, please
do not hesitate to contact this office.
Very Truly Yours,
~~
Christopher cutro, AICP
planning Director
CC:mr
Enclosures
AlLHTPItPC
rrfj!-Ci~ ()f
'13oyntoft tJ3eacli
PCannine & Zonine 'Departrrrent
100 'E, 'Boynton 'Beadr. 'Boukvara
P,O. 'B07(31O
'Boynton 'Beacfr., J'{oritla. 33425,0310
(407) 738,7490, ~Ji/X.. (407) 738-7459
January 13, 1993
Mr. Robert Pennock, Chief
Bureau of Local Planning
Div. of Resource Planning and Management
state of Florida Department of community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
RE: Transmittal of Adopted Comprehensive Plan Amendment (Small
Scale)
Dear Mr. Pennock:
Enclosed you will find four (4) copies (one copy has been sent
directly to the Treasure Coast Regional Planning Council) of an
adopted, small-scale Comprehensive Plan amendment. This amendment,
entitled Lawrence and Hypoluxo Commercial Center, consists of an
amendment to both the Future Land Use Map and the text of the
Comprehensive Plan. In accordance with the recent revisions to
Chapter 163 F.S" which pertain to the adoption of plan amendments,
this amendment has been identified as a small-scale amendment and,
was therefore not subject to State review according to Chapter
163',3184 (3)-(6),
The Lawrence and Hypoluxo Commercial Center was considered by the
Planning and Development Board (Local Planning Agency) on December
8, 1992 and adopted by the City Commission on January 5, 1993 at a
public hearing that was held subsequent to due public notice, It
is understood that this amendment is to be transmitted to the
Department of Community Affairs within 10 working days of adoption.
With respect to Rule 9J-l1.006, which outlines the procedures and
requirements for transmitting plan amendments, please be advised of
the following:
(3) 1. Four (4) copies of the amended Future Land Use Map are
included within Attachment "A";
.'l.merica s Ijateway to tfie lju(fstTeam
To: Mr. Robert Pennock
-2-
January 15, 1993
(3) 2. Four (4) copies of the amended Future Land Use Element,
including the amended text, are included wi thin
Attachment "B" (please note that no changes were made
directly to any goals, objectives, or policies, but
rather to Section VIII of the Future Land Use Support
Document which was adopted by reference by policies
1.16.4 and 1,17.3);
(3) 3. One (1) copy of each ordinance amending the Future Land
Use Map and the text of the Comprehensive Plan is found
within Attachment "C";
(3)(a) 4, Not applicable as this amendment was not reviewed as a
proposed amendment according to Chapter 163.3184 (3) -( 6);
(3)(b) 5, A listing of findings of the local governing body, which
were not thoroughly explained within the ordinances, on
which the adoption of this amendment are based are
outlined in Attachment "D", within the staff report as
provided to the Local Planning Agency; and
(3)(c) 6. Not applicable,
Although it is unclear if any requirements of Rule 9J-11.006 (l)(a)
apply to an adopted small-scale amendment submittal, the following
has been prOVided for your information;
(1)(a) 1. Contact person: Michael Rumpf, Senior Planner
City of Boynton Beach, P.O. Box 310
Boynton Beach, FL 33425-0310
Tel: (407) 738-7490
(1)(b) 2. The revised Future Land Use Map is attached as indicated
above;
(1) (b) 3, The staff report within Attachment "D" provides the
necessary land use information for the subject property,
and the adjacent land use designations are indicated on
a map within Attachment "E";
(1)(b) 4, The size of the subject property is indicated within the
staff report located in Attachment "D";
(1)(b) 5, An indication of the availability of, and the demand on
publiC facilities is prOVided within Attachment "F"; and
(1) (b) 6. Information regarding the compatibility of the Future
Land Use Map amendment and text amendment with the
Comprehensive Plan is provided in the staff report
within Attachment "D", and addressed in the summary
below,
To: Mr, Robert Pennock
-3-
January 15, 1993
In addition to the staff report which indicates, in part, the basis
on which the Future Land Use Map and Comprehensive Plan text is
being amended, the following summary further justifies this small-
scale comprehensive Plan amendment with respect to compliance with
S,163, F.S., Rules 9J-5 and 9J-ll, F,A.C., and the City's
Comprehensive Plan:
1, As the staff report indicates, there have been increases in
land designated for residential use beyond that which was
projected in the Comprehensive plan, which will offset any
subsequent, minor conversions of land to commercial
designations, Therefore, this small scale amendment will have
no negative affect upon the estimated gross acreage needed for
each land use category, or upon the population projections
within the Comprehensive Plan;
2, This site contains no significant native features worthy of
consideration by the city's Comprehensive Plan or the Palm
Beach county inventory of native ecosystems, Furthermore,
this site is undeveloped and therefore has no historic
features worthy of recognition by either the City or Palm
Beach county,
3, With respect to the elimination or reduction of land uses
inconsistent with the City's character and, the need to
increase or decrease the intensity of land uses, the land use
amendment is appropriate for the subject area as described in
the staff report and justified by the Comprehensive Plan,
4. The subject property is located within a "B" flood zone, not
a flood prone area,
5. As the staff report indicates, this small scale amendment is
consistent with the Future Land Use element objectives and
policies as well as consistent with the Future Land Use
Support Document,
6, Wi th respect to Traffic Circulation Element analysis
requirements, the only relevant policies within the Plan that
currently apply, which regard the establishment of levels of
service standards, will be adhered to through phasing, As
indicated by the analysis on the availability of facilities
(see Attachment "F") , and the traffic study, traffic
facilities will be available in accordance with the Palm Beach
county Traffic Performance Standards Ordinance,
7, With respect to Housing Element analysis requirements, see
item #1 above, and the staff analysis within Attachment "D",
Furthermore, it should be emphasized that the county had
previously amended the land use on the sUbject property from
residential to commercial in response to the opinion of the
'To: Mr, Robert Pennock
-4-
January 15, 1993
city commission that residential was not an appropriate land
use for this location;
8, with respect to Infrastructure Element analysis requirements,
the availability of facility analysis within Attachment "G"
indicates the availability of facilities provided by the city
and, it should be repeated that the amendment is consistent
with Palm Beach county's Comprehensive Plan, Furthermore, the
subject amendment is not inconsistent with any Infrastructure
Element objective or policy;
9, The Coastal Zone Management, conservation, and Recreation and
Open Space Elements are not applicable.
10, The Intergovernmental coordination Element analysis
requirements have been satisfied as proper notifications and
requests for availability of facility analyses have been sent,
Furthermore, the subject property is within the city's reserve
annexation area and, annexation of it will eliminate an
unincorporated pocket;
11. With respect to Capital Improvements Element analysis
requirements, there are no impacts upon capital facilities
that have not been projected within the analysis of the
comprehensive Plan. Therefore, levels of service are met and
all other related policies are complied with; and
12. With respect to consistency with the state Comprehensive plan
and the Regional Comprehensive policy Plan, the above
statements, along with the information provided wi thin the
staff report address all pertinent issues and topiCS within
the State and Regional Plans. Such issues and topics include
housing, natural systems, endangered species, levels of
service, intergovernmental coordination, public facilities,
historic resources, and transportation.
If you have any questions concerning this amendment package, please
do not hesitate to contact this office,
Very Truly Yours,
~~
Christopher cutro, AICP
Planning Director
cC:mr
Enclosures
cc: Kieran Kilday
A!LH"DCA
.
ATTACHMENT "A"
Amended Future Land Use Map
(4 copies)
ATTACHMENT "B"
Amended Future Land Use Element
(4 copies)
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
(No direct changes to Goals, Objectives or Policies)
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FUTURE LAND USE SUPPORT DOCUMENT
SECTION VIII
LAND USE PROBLEMS AND OPPORTUNITIES
as adopted by Policies 1.16.4 and 1,17.3
(see Planning Area 6.C)
VIII. LAND USE PROBLEMS AND OPPORTUNITIES
The following section provides a detailed analysis of specific
parcels or areas of the City where existing land use regulations
are inappropriate, or where opportunities exist for a better
pattern of land use. This section also attempts to minimize land
use conflicts by imposing limitations or conditions on the
development of certain parcels, It is the intent of the City
that these limitations and conditions be codified wherever
possible, however, in some cases, codification is not possible.
In such cases, the conditions and limitations set forth in this
section should be construed to have the same force and effect as
the City's code of Ordinances. Maps which show the extent of
these areas are provided in Figures 1 and 2. A separate map at a
scale of 1 inch = 800 feet showing these same areas accompanies
this report.
All land use Changes which are proposed on the Future Land Use
Map are described in this section, including land use changes
which recommended in the Coastal Management Element and in the
proposed Community Redevelopment Plan for the area west of the
FEC tracks. These recommendations should be construed to have
the same force and effect as the policies which are contained in
the Plan document, and in fact, policies 16.4 and 17.3 of the
Plan incorporate the recommendations below by reference.
1. PLANNING AREA 1--COASTAL AREA
1.a. Lakeside Gardens Subdivision and Parcels at Northern City
Limits, East of U.S. 1
The two parcels between Lakeside Gardens and the northern City
limit should be construed to be in the Local Retail Commercial
land use category, if approved as a marina/boat storage use as a
Planned Commercial Development. These parcels occupy one of the
few sites in the City where marina/boat storage uses could be
located with minimal impacts on surrounding uses, and without
requiring the dredging of a new channel in Lake Worth.
Development of these parcels should comply with the site design
guidelines set forth in the Coastal Management Element. The
vacant lots in Lakeside Gardens which lie along the north side of
Dimmick road should be construed to be in the High Density
Residential land use category, if approved for single-family
attached housing or an adult congregate living facility, with a
2-story (25 foot) maximum height, in accordance with the site
design guidelines set forth in the Coastal Management Element.
tM~/t~~~lri~etI0f/tHe/t~Xesl~e/e~t~eris/s~~lYls10ri/.H0~1~/~e
tet0rie~/ft0~/~fIXX/t0/~fIA'/sirite/tHete/~te/A/I~twe/ri~et/0f
p~t~elsllri/tHls/s~~~lwis10ri/f0t/wHitH/tHe/10t/ft0rit~We/ari~/atea
ate/s~staritlallt/less/tHan/tHat/te~ite~/lri/tHe/~fIXX/t0ninw
~iSttittl
Rev. 6/2/92 - Ord. 092-36 (l.a)
59
fiGURE ,
BOYNTON BEACH COMPREHENSIVE PLAN
Land Use Problems and Opportunities
i :
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Ii:
See Inset
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Areas wllhln the City
[liE 1."..).. .:. .;. l'
CRy of Boynton Beach
!'.I!'n.'llng Department 4/67
Areas outslda tile City
page 59A
~-_......---------- .~-_._-'-'.
F10UAE I
BOYNTON BEACH COMPREHENSIVE PLAN
Land Use Problems and Opportunities-Inset
j
.fJIl
.Em
1111!.L ,L m
I fee t
1.b. Propertv in Vicinitv of N,E, 4th street between N,E, 15th
Avenue and N.W, 22nd Avenue
Development of these parcels should be consistent with the
recommendations contained in the coastal Management Element, The
Coastal Management Element recommendations include the following;
(1) That the parcel occupied by the professional office south of
N.E. 22nd Ave., along the FEC Tracks be changed from
multiple-family residential to a Local Retail commercial land use
and C-2 zoning; (2) A 2-story (25 foot) height limitation on the
northern portion of the R-3 property if the single-family and
duplex dwellings along N.E. 20th Avenue are not included as part
of the project; (3) Allowing ground level storage of boats and
recreational vehicles as a Planned commercial Development (PCD)
on the two lots lying from 300 to 600 feet south of N.E. 22nd
Ave. The Future Land Use Plan should be construed to be amended
to Local Retail Commercial, if such a PCD is approved.
The R-3 zoned parcels on the west side of N.E. 4th street lie in
close proximity to several Single-family neighborhoods. In order
to protect these neighborhoods from excessive encroachment by
multiple-family buildings, the height of these buildings should
be limited to 2 stories (25 feet) within 300 feet of any
single-family lots in the adjacent single-family zoning
districts. These vacant parcels have also been designated as a
potential neighorhood park site. In the event that any portion
of these parcels is acquired for park use, the property which is
acquired should be construed to be in the Recreational land use
category.
1.c, Lots on southern Portion of Las palmas Subdivision
In accordance with the recommendations contained in the Coastal
Management Element, the lots on the southern portion of the Las
palmas subdivision should be construed to be in the High Density
Residential land use category, if approved as attached
single-family housing with a maximum height of 2 stories (25
feet), and developed in accordance with the site design
guidelines set forth in the Coastal Management Element. Attached
single-family housing would be a more appropriate land use at
this location than Single-family housing, since these lots are
adjacent to an existing restaurant/nightclub and commercial boat
dock. This recommendation should only be implemented, however,
if the row of lots in question is still under unified ownership
at the date of the adoption of this plan.
1.d. Intracoastal Waterwav Site to be Acauired bv citv
The voters of the City have approved the acquisition of this 8.7
acre site for publiC use. Since the predominant use is expected
to be recreation, the property should be placed in the
Recreational land use and zoning categories. However, other
60
shoreline uses, such as a restaurant or limited retail uses,
which would compliment recreational uses but do not by themselves
necessarily constitute public recreation should be construed to
be consistent with these land use and zoning categories, as they
apply to this parcel.
l.e. Proposed Expansion to Boat Club Park
The small parcels adjacent to the northwest corner of Boat Club
Park are in the process of being acquired by the City for an
addition to the park. Therefore, these parcels are shown in the
Recreational land use category, After these parcels are acquired
by the City, they should be placed in the Recreation zoning
district.
1.f. Parcels to East and Northeast of Inlet Plaza
The small parcels lying to the east and northeast of Inlet Plaza,
which are currently zoned C-3 Community Commercial, should be
placed in the High Density Residential land use category and R-3
Multiple-Family Residential zoning district. The demand for
additional commercial land is expecting to be minimal on North
Federal Highway (U.S. 1) since population growth is expected to
be low and commercial vacancy rates are high. Changing the land
use and zoning on the above-mentioned parcels will prevent
marginal commercial uses from intruding into a residential
neighborhood.
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Rev. 6/2/92 - Ord. 092-35 (l.g)
Rev. 6/2/92 - Ord. 092-31 (l.h)
61
R-1AA zoned parcel may make development for single-family housing
impractical, a more appropriate use for all of the
above-mentioned parcels would be to combine them for high-density
multiple-family housing, Therefore, those parcels or portions of
parcels which are currently zoned C-3 and R-1AA should be changed
to a High Density Residential land use category and R-3 zoning
district, subject to the special setback requirements along
thesouthern boundary, as set forth in the Coastal Management
Element.
1.i. Parcel on West Side of FEC Tracks, between N.E, 15th Avenue
and Bovnton Canal
In accordance with the Coastal Management Element, the zoning on
this parcel should be changed to C-3 Community Commercial,
provided, however, that buildings are limited to a maximum height
of 2 stories (25 feet), since a single-family neighborhood lies
to the west. This parcel would be a more viable location for
certain C-3 uses, including wholesale uses (as a conditional
use), Ground level storage of boats and recreational vehicles is
another possible use of this site, however, this type of use
should only be allowed as a Planned Commercial Development (PCD),
and should utilize existing vegetation to screen outdoor storage
from adjacent properties and rights-of-way,
1.j. North Federal Hiqhwav (U,S. 11 between central Business
District and Bovnton Canal
The 1986 Evaluation and Appraisal Report recommended that the C-4
(General Commercial) zoned parcels fronting on the east side of
U,S. 1 between the CBD District and the Boynton Canal be rezoned
to C-2 (Neighborhood Commercial). The City Commission has
examined the zoning along this frontage on two occasions, as well
as zoning on the west side of u.s. 1. The conclusion of the City
Commission has been that General Commercial land use and zoning
is appropriate at this location. In order to improve the
aesthetics of parcels on the east side of U,S, 1, and encourage
redevelopment, the parcels or portions of parcels lying to the
east of the present C-4 zoning district boundary should be
construed to be in the General Commercial land use category, if
combined with the parcels fronting on U.S. 1 in conjunction with
the upgrading or redevelopment of these commercial sites, which
should include improved buffering along the eastern property
lines. Rezoning of these lots would need to be initiated by the
individual property owners, however, In order to minimize
impacts on adjacent single-family neighborhoods, the building
height on parcels which abut Single-family zoning districts
should be limited to 2 stories (25 feet). The hotel on the south
side of N.E. 8th Avenue should be construed to be in the Office
Commercial land use category, if this property is re-used as an
adult congregate living facility. Further.more, the existing ACLF
which lies between N,E, lOth Ave. and N.E. 12th Ave, should be
62
permitted to continue, although it would be a non-conforming use
in the C-4 zoning district.
It is possible that the parcels which front on U.5, 1 would be
redeveloped for major retail, multiple-family, or mixed-use
projects, in conjunction with the properties which lie to the
east. If such projects are proposed and approved, and have a
site area of not less than two acres, then these projects should
be construed to be within the Mixed use land use category which
lies to the east.
l,k. Mixed Use Land Use Catecrorv Lvincr Between U.5, Hicrhwav 1
and the Intracoastal Waterwav. North of the Central Business
District
The area extending northward from the Central Business District,
up to the Boynton Canal presents a number of opportunities for
redevelopment to more intensive uses. presently, this area is
occupied by mUltiple-family dwellings immediately north of the
CBD, a mixture of single-family dwellings and vacant parcels
between N,E. 7th Avenue and N.E. 10th Avenue, waterfront
townhouses to the north of this single-family neighborhood, and a
single-family subdivision adjacent to the Boynton Canal. A
shallow commercial strip lies along the east side of u.s. Highway
1.
This area is suitable for redevelopment to more intensive uses,
due to the large amount of vacant land between N.E. 7th Avenue
and N,E. lOth Avenue, the low quality of the commercial land uses
fronting on U.5. 1, the poor state of repair of many of the
single-family houses, and the proximity of this area to the
Central Business District. Therefore, it is recommended that
those portions of Area 1.k. which are currently in the Low
Density and High Density Residential land use categories be
placed in a new Mixed Use land use category,
In order to promote redevelopment in this area, densities up to
40 dwellings per acre should be permitted ("dwellings" would be
construed to also mean hotel rooms). Furthermore, residential
densities should be permitted to be applied to parcels, in
addition to the commercial intensity permitted by the City'S
development regulations. In order to ensure that redevelopment
projects are compatible with publiC facilities in this area, and
are compatible with existing land uses, the City should adopt
performance standards for such projects, and should require a
minimum site area of 2 acres.
1.1. Central Business District and Adiacent Parcels
In 1981, the city Commission created a Community Redevelopment
Agency (CRA), pursuant to Chapter 163, Florida Statutes, and made
a finding that a condition of blight existed within the
63
designated community Redevelopment Area, The CRA was directed to
prepare a Community Redevelopment Plan in order to increase the
economic viablity of entire area. This plan, which adopted in
1984, recommended that a Central Business District (CBD) be
established in the core of the Redevelopment Area. The caD lies
between the Florida East Coast Railway and the Intracoastal
waterway, and is bounded on the north by N,E, 7th Avenue and on
the south by S.E. 2nd Avenue,
Major goals for the caD include enhancement of its attractiveness
by requiring streetscape improvements, architectural continuity,
and coordinated signage; using a waterfront orientation to create
a unique retail/entertainment environment; providing
pedestrian-scaled amenities; providing for perpetual public use
of a newly created waterfront; and protection from the negative
impacts created by the railroad. The CBD Plan encourages
'mixed-use development, including office, retail, service,
financial, restaurant, entertainment, lodging, residential uses,
and a civic center. A detailed description of the current status
of projects in the caD is provided in section VI.
In order to promote residential development in the CBD district,
residential densities up to 40 dwellings per acre should be
permitted. Furthermore, residential densities should be
permitted to be applied to parcels, in addition to the commercial
intensity permitted by the City's development regulations.
Two additions should be made to the CBD zoning district: First,
the row of c-3 zoned lots fronting on U,S, 1, to the south of
S.E. 2nd Avenue should be added to the CBD; second, the C-4 zoned
lots lying along the east side of the FEC tracks between Boynton
Beach Boulevard and N.E, 5th street should be added to the CBD
zoning district, if redeveloped for uses that are allowed in the
CBD district. The Future Land Use Plan for these lots should be
construed to be changed to Mixed Use, if redevelopment for CBD
uses occurs.
The entire CBD District should be shown on the Future Land Use
Map as Mixed Use. All future development within The CBD district
should be generally consistent with the adopted community
Redevelopment plan, the CBD design guidelines, and the
development regulations which were adopted pursuant to the
Redevelopment Plan,
l,m, S.E. 3rd street and Vicinitv
The residential-zoned portion of this area should be protected
from encroachment by commercial uses by maintaining the eXisting
R-2 zoning. In addition, special attention should be given to
site planning, use limitations, buffers, and setback requirements
on the commercially-zoned parcels which surround this residential
area, In particular, buildings on the C-3, zoned lots which abut
the FEC tracks between S,E, 6th Avenue and S.E. 12th Avenue
64
should be limited to 2 stories (25 feet), in order to ensure
compatibility with the residences which lie to the east, In
order to minimize industrial and commercial traffic on S.!, 12th
Avenue, access to Gulfstream Lumber, should be prohibited on g,E.
12th Avenue and other local streets in the vicinity, if this use
is expanded,
l.n. Undeveloped Parcel Adiacent to Intracoastal Waterwav, at
S,E, 23rd Avenue and U.S, Hiahwav 1
This parcel is shown on the Future Land Use Plan as Special High
Density Residential; however, the Conservation and Coastal
Management Elements recommend that the portion of this parcel
which is vegetated by mangroves be preserved as such, In
recognition of the need to preserve these mangroves, this site
has been placed in the Conservation Overlay category on the
Future Land Use Hap.
1.0, Neiahborhood in Vicini tv of S,E, 20th Avenue and S.E. 3rd
street
This is a small neighborhood, which is largely surrounded by
commercial uses, and which is showing some signs of
deterioration. The existing zoning allows for multiple-family,
duplex, and single-family housing, and as a result, a mixture of
housing types has been established, Several actions should be
taken in order to upgrade this neighborhood and prevent further
decline: First, the City should consider acquisition of property
along the FEC tracks for a mini-park, which should be construed
to be in the Recreational land use category, if acquired for such
use; second, the City should pay particular attention to
minimizing conflicts between surrounding commercial uses and the
residential uses that are located in this neighborhood; third,
the City should prOVide concentrated code enforcement, in order
to help improve the condition of buildings, yards, and swales;
finally, buildings should not be permitted to exceed 2 stories
(25 feet), in order to minimize encroachment on the low-rise
residences in this neighborhood.
1.p. Parcels at Northwest Corner of U,S. 1 and Old Dixie Hiahwav
Due to the limited demand for commercial floorspace along this
segment of U,5, 1, the Coastal Management Element originally
recommended that these parcels be taken out of the Local Retail
Commercial land use category, and placed in the Special High
Density Residential category. However, because a site plan and
construction drawings for a shopping center on this site have
been approved by the City, the City Commission decided to keep
these parcels in the Local Retail Commercial land use category.
65
1.q. IncorDorated and UnincorDorated PrODertv at Southern End of
Citv. between old Dixie Hiqhwav and U.S. 1
This area includes a mixture of developed and undeveloped lots,
under various City and county zoning districts. The city limits
are irregular in this area, however, a precedent for annexation
in this area has been established, and should continue.
piecemeal annexation of the developed single-family subdivisions
in the vicinity of Old Dixie Highway, however, may not be
practical. Annexation of the single-family subdivisions should
be by referendum or other legal means for annexing the entire
neighborhood. In the interim, the city should request that Palm
Beach County limit the use of this area to single-family
dwellings. Existing land uses along the U.S. 1 frontage are
predominantly retail, consequently, a Local Retail Commercial
land use designation and C-3 community Commercial zoning category
are appropriate, both for lots which are presently in the City
and those which will be annexed. These land use controls will
improve the aesthetics along U,S. 1 and create a retail-oriented
corridor. The lots along Old Dixie Highway, by contrast, are not
as suitable for retail use, and therefore should be placed in a
General Commercial land use category and C-4 zoning district. An
appropriate use for commercial property in this area would be new
car dealerships, The City should adopt site regulations for new
car dealerships, which would include a minimum lot area of 2
acres, The City should encourage this type of land use at this
location, and should encourage the acquisition and development of
properties fronting on old Dixie Highway, as a part of the
development of lots which front on U,S. 1.
The Single-family subdivisions in the vicinity of old Dixie
Highway, if annexed should be placed in the Medium Density
Residential land use category and maintained primarily as a
Single-family neighborhood, with Single-family and duplex zoning
on the lots immediately abutting the FEC tracks. There are two
portions of the Killian's Park subdivision, along Miller Road,
which should be construed to be in the Local Retail (lots 9-14
and 16-20) and General Commercial (lots 21-29) land use
categories, if development of these properties complies with the
conditions set forth in the Coastal Management Element.
Commercial projects which are adjacent to the Single-family
neighborhood should be designed so as to minimize the impacts to
this neighborhood, consistent with the recommendations contained
in the Coastal Management Element.
1.r. IncorDorated and Unincorporated PrODertv at southern End of
citv, between U.S. 1 and Intracoastal Waterwav
This area is subdivided and largely developed, and consists
almost entirely of unincorporated property. Palm Beach County
zoning allows commercial development along U.S. 1 and residential
development to the east of this commercial, strip, The City
should proceed with the annexation of the commercial properties
66
that front on U,S. 1, which should be a condition of receiving
water service from the City. Annexation of the residential
portion of this area on a lot-by-Iot basis would be impractical.
Therefore, annexation of the single-family lots should be by
referendum or other legal means for annexing the entire area. In
the interim, the City should request that Palm Beach county limit
the use of this area to single-family detached dwellings. If
annexation does occur in this area, those parcels lying along
U.S. 1 which are currently zoned commercial in the County should
be placed in the Local Retail commercial land use category and
the C-3 zoning district, Those parcels which lie to the east of
this commercial strip should be placed in the Moderate Density
Residential land use category and zoned for single-family use, as
this is currently the predominant land use, Annexation of the
vacant parcel south of the Tradewinds Estates subdivision should
be coordinated with the Town of Gulfstream, and may depend upon
whether access to this property will be through property which
lies in Gulfstream or properties which will be annexed
intoBoynton Beach, Since septic tank pollution is a problem in
this area, the city should attempt to provide both water and
service to these properties, and should consider placing these
properties in a special assessment district, if annexed, or make
a similar arrangement with Palm Beach County until such time as
annexation occurs,
l,s. Unincorporated Enclaves on Barrier Island
There are two unincorporated enclaves on the barrier island,
immediately north and south of the st. Andrews Club condominium,
which lies within the city. Annexation of the small parcels in
the northern enclave on a lot-by-Iot basis would be impractical.
Therefore, annexation of these lots should be by referendum or
other legal means for annexing the entire area. The row of lots
which front on state Road AlA should be placed in the Special
High Density land use category (16 dwellings per acre),
however,the height of these buildings should be limited to three
stories, since a single-family neighborhood lies immediately to
the east, The lots fronting on the east side of AlA which lie
within the first 180 feet south of the Briney Breezes corporate
limit should be placed in the Local Retail Commercial land use
category and C-2 Neighborhood Commercial zoning district, since
this reflects the existing land use and zoning in Palm Beach
county, The single-family lots which front on the ocean should
be placedin the Low Density Residential land use category and
R-1AA single Family Residential zoning district, since this
reflects the existing lot size. The small single-family lots in
this area, including those along Bel-Air Road, should be placed
in the Special High Density Residential land use category and a
special single-family zoning category which reflects the existing
pattern of development. The City should request that Palm Beach
county, in the interim, limit the land use in these neighborhoods
to single-family detached dwellings. The peachfront property
67
owned by Palm Beach County should be placed in the Recreational
land use and zoning categories,
The unincorporated enclave south of the St. Andrews Club is
largely developed for condominiums, The City serves these
dwellings with utilities, however, the City should coordinate
annexation in this area with the Town of Gulfstream, If these
parcels are annexed into the City, the land use, density, and
zoning should generally reflect the existing type and intensity
of development.
2, PLANNING AREA 2--BOYNTON CANAL TO HYPOLUXO ROAD, EAST OF
INTERSTATE 95 AND WEST OF COASTAL AREA
2.a. Unincoroorated Shoooina Center Site and Cemeterv. on West
Side of N, Seacrest Boulevard
A utility and annexation agreement exists between the City and
the owners of the High Ridge Shopping Center site, which is
located at the southwest corner of N. Seacrest Boulevard and
Hypoluxo Road. Palm Beach Memorial Gardens, which lies
immediately to the south, may be required to apply for annexation
if utility service to this cemetery is expanded. Annexation of
these two areas would be desirable, since they form a northern
gateway to the City, and since annexation of these properties
would make annexation of parcels on the west side of I-95
possible. High Ridge Shopping center, if annexed, should be
placed in the Local Retail Commercial land use category, while
Palm Beach Memorial Gardens should be placed in the Public and
Private Governmental/Institutional land use category. Annexation
of the .adjacent right-of-way for Hypoluxo Road should be
coordinated with the Town of Lantana, since the northern half of
this right-of-way has already been annexed by Lantana. The
rights-of-way for Interstate 95 and Seacrest Blvd. which are
adjacent to these parcels, however, should be annexed in
conjunction with the adjacent properties.
2.b. Unincoroorated Residential and Commercial Areas between N,
Seacrest Boulevard and Town of Hvpoluxo
This area contains moderate income-housing, as well as a strip of
commercial uses along Hypoluxo Road which is in need of aesthetic
improvement. Lot-by-lot annexation in this area is not
practical; however, the City should consider annexation by
referendum or other legal means for bringing the entire area into
the City. The City should also request notification of pending
development projects in those portions of the Town of Hypoluxo
which are adjacent to this area, in order to avoid land use
conflicts such as those which have been created in the past,
2,b.l. Commercial Frontage on Hypoluxo Road
68
Those parcels in the vicinity if Hypoluxo Road which are
currently zoned for commercial use in Palm Beach County, or that
are designated by the county for Commercial Potential should be
placed in the Local Retail Commercial land use category. In
order to minimize land use conflicts with the low-density
neighborhood which lies to the south, the height of commercial
buildings along this frontage should be limited to two stories.
The City should coordinate the annexation of the Hypoluxo Road
right-of-way with the Town of Lantana, since Lantana has already
annexed the northern half of this right-of-way.
2,b.2, San Castle and sunny Hills Homesites Subdivisions
These two subdivisions should be placed in the Moderate Density
Residential land use category and R-l Single Family Residential
zoning district. In the interim, the City should request Palm
Beach County to limit the land use in these subdivisions to
single-family detached dwellings.
2.b.3. Hypoluxo Ridge Subdivision
This subdivision should be placed in the High Density Residential
land use category and a Single-family and duplex residential
zoning district which accomodates the size of the platted lots,
In the interim, the City should request Palm Beach county to
limit the land use in these subdivisions to single-family
detached and duplex dwellings.
2.b.4, Point Overlook Condominium
This project should be place in the High Density Residential land
use category and R-3 Multiple-Family Residential zoning district.
2,b.5, First Baptist Church of Hypoluxo Property
This property should be placed in the Public and Private
Governmental/Institutional land use category and R-3
Multiple-Family Residential zoning district.
2.b.6. Hypoluxo Ridge Additions 1 and 2
These subdivisions should be placed in the Low Density
Residential land use category and R-1AA Single Family Residential
zoning district. In the interim, the City should request Palm
Beach County to limit the land use in these subdivisions to
Single-family detached dwellings.
2.b,7. Ridge Grove and Ridge Grove Addition 1
69
These two subdivisions should be placed in the High Density
Residential land use category and placed in a single-family
residential zoning district which accomodates the size of the
platted lots, In the interim, the city should request Palm Beach
county to limit the land use in these subdivisions to
single-family detached dwellings, The City should also request
that the commercial zoning on the row of lots which lies along
the north side of Hiner Road, between Grove Road and Overlook
Road be removed, since the demand for commercial land is expected
to be very limited and commercial uses would create an i~trusion
into the surrounding residential neighborhood. The most
appropriate zoning category for these lots, if annexed, would be
R-2 Single- and TWo-Family Residential, since the lots are large
enough to accomodate duplexes and already contain a mixture of
single-family dwellings and duplexes,
2.b.8. Trooical Terrace Subdivision
This subdivision should be placed in the High Density Residential
land use category and placed in a single-family and duplex
residential zoning district which accomodates the size of the
existing platted lots. In the interim, the city should request
Palm Beach county to limit the land use in this subdivision to
single-family detached and duplex dwellings. The commercial
zoning on the lots which front on Hiner Road, between Loomis
Street and Coral street-everleek-Reaa-afta-~TST-i is appropriate,
since the area occupied by these lots is small and would not
create a significant commercial intrusion, and is located close
to the intersection of Hiner Road and U.S. 1. If annexed into
the City, these lots should be placed in the Local Retail
Commercial land use category and C-2 Neighborhood Commercial
zoning district. The remainder of the lots which abut Miner
Road. between overlook Road and Loomis street. should be olaced
in the "iah Density Residential land use cateaory and limited to
sinale-family detached and duolex dwellinas,
2,c. R-2 Zoned Lots on North Side of Miner Road
The land use and zoning on these lots should be changed to that
of the adjacent Single-family neighborhood, since these lots do
not meet the minimum lot size required for a duplex, and since
duplexes would create an intrusion into the surrounding
single-family neighborhood. The parcel which is occupied by the
day-care center should be changed to the Public and Private
Governmental/Institutional land use category and Public Usage
zoning district, provided that this parcel is limited to use as a
day care center or school.
2,d. Parcel at North Seacrest Boulevard and Miner Road
70
It is recommended that the commercial frontage on Seacrest
Boulevard be reduced to the portion of the property with a depth
of 350 feet which lies between the northern boundary of the
convenience store site and the northern right-of-way line of
Miner Road extended. The vacant property lying to the north of
the convenience store and the vacant property lying south of
Miner Road extended should be change to Moderate Density
Residential land use category and an R-l single-Family
Residential zoning district. There are several conditions which
support this recommendation: (1) The population of the
surrounding neighborhood is stable, and no substantial increase
will occur in the future; (2) The parcel has been zoned
commercial since 1962, with no commercial development other than
the convenience store; (3) Changing the land use and zoning as
recommended above will prevent commercial uses from being placed
immediately adjacent to existing residences.
This parcel is designated as an "A" rated natural habitat
(Florida scrub) in the Conservation Element; therefore the City
should attempt to either acquire the parcel, or permit
density/intensity transfers, in order to allow a major portion of
the site to remain undisturbed. This property is also designated
as a potential neighborhood park site in the Recreation and Open
space Element, Since the portions of the site which abut the
eastern and southern property lines are already disturbed, it may
be possible to develop part of the site for recreation facilities
with minimal clearing of the scrub habitat. If a portion of the
property is acquired for neighborhood park use, the park site
should be construed to be in the Recreational land use category,
2,e. North District Park Site
The City Commission has approved a site plan for this park which
would preserve 8 acres of scrub vegetation. The 8-acre scrub
preserve satisfies the requirement, contained in the 1986
Evaluation and Appraisal Report, that 25% of native habitat that
occurs on sites to be developed be preserved. The city should
continue to maintain this 8 acres as a preserve, since the scrub
vegetation on this site is designated as an "A" rated natural
area in the Conservation Element. The property occupied by the
abandoned building which is zoned C-2 General Commercial should
be placed in the Recreational land use category, since this
property has been acquired by the City. changing the zoning to
~ecreation will not be immediately necessary, however, since
governmental uses are allowed in commercial zoning districts.
2.f, Old Sewaqe Treatment Plant Site
This parcel contains the old sewage treatment plant, which the
City intends to dismantle, Dismantling the plant is desirable,
since it constitutes a nuisance, Uses of this parcel will
continue to include the City nursery, a control center for the
71
City'S lift stations, and a radio transmitting tower. A Possible
future use is the city's animal shelter, which should be
relocated from the CBD area, The property should be maintained
so as to be compatible with nearby residences, meaning that
storage and other potential nuisances should be buffered so as
not to be a nuisance to these residences. In order to accomodate
both eXisting and proposed uses, and protect surrounding
residences, it is recommended that the City prepare a master plan
for this property,
2.g. Vacant land Within Bovnton Canal Riaht-of-Wav
There are 125 to 200 feet of vacant right-of-way abutting the
Boynton (C-16) Canal between Interstate 95 and U.S. 1. The
potential exists for the use of this property for approximately
35 single-family dwellings. If this property is developed for
residential uses, the land use and zoning should be the same as
the residential zoning districts which abut the respective
portions of the right-of-way. Another possible use for at least
a portion of this right-of-way would be public park and
recreation facilities. Recreational use would be permitted in
the residential land use and zoning categories, although any
substantial park area should be construed to be in the
Recreational land use category. It is also possible for the
canal right-of-way west of N. Seacrest Boulevard to be used as an
access road for the City-owned facilities located on the old
sewage treatment plant site, thus eliminating the need for access
through the adjoining neighborhood.
2.h. Vicinitv of Planned Interchanae at Interstate 95 and N,W,
22nd Avenue
It is likely that an interchange will be constructed at
Interstate 95 and N.W. 22nd Avenue within the next 10 years, It
is possible that this interchange will increase traffic on 22nd
Avenue by as much as 5,000 trips per day, and that traffic levels
on 22nd Avenue may reach 20,000 trips per day. It is likely that
follOWing the construction of this interchanqe, there will be
pressure to change the land use and zoninq in the vicinity,
Currently, the properties alonq 22nd Avenue are zoned and
developed for Single-family dwellings. In order to preclUde
piecemea' rezoning and redevelopment in the area, the city should
prepare a report which examines the land use, zoning, and
potential for redevelopment alonq 22nd Avenue, from Intertate 95
eastward to the Village Royale condominiums, This report should
be prepared prior to the completion of the I-95 interchange,
72
3, PLANNING AREA 3--EXPANSION AREA OF COMMUNITY REDEVELOPMENT
AREA, CIVIC CENTER AND VICINITY
The City has prepared a community redevelopment plan for the area
contained in planning Area 3, however, this redevelopment plan
has not yet been adopted. A number of land use changes will be
necessary either concurrent with or subsequent to the adoption of
the redevelopment plan. All development and redevelopment in
planning Area 3 should generally conform to the redevelopment
plan when it is adopted.
It is recommended that, until the redevelopment plan is adopted
which designates areas for redevelopment to higher densities,
that the residential zoning districts in planning Area 3 be kept
in their existing land use and zonng categories. Maintaining the
existing densities will preclude piecemeal redevelopment to
higher densities, and will help to stablize and improve these
neighborhoods.
Several land use changes will be necessary in planning Area 3,
regardless of the status of the proposed redevelopment plan.
First, there are a number of park sites which have been
designated in the Recreation and Open Space Element, which will
be placed in the Recreational land use caegory when acqUired by
th City, Second, the City Commission has decided to go forward
with the recommendations contained in the redevelopment plan
concerning the segment of Boynton Beach Boulevard lying between
Seacrest Boulevard and Interstate 95. Finally, the Coastal
Management Element has recommended that a low-intensity
commercial district be created along Ocean Avenue between 1st
street and the FEC tracks, All of these land use changes are
included in the discussion below.
3,a. Neiahborhood Park Site on N,E. 13th Avenue
The Recreation and Open Space Element proposes that a n-
eighborhood park be located at the eastern end of N.E, 13th
Avenue, by acquiring property on the north side, and possibly, on
the south side of the street. If and when these parcels are
acquired for park use, they should be construed to be in the
Recreational land use category,
J,b. Mini-Park Site on Martin Luther Kina, Jr. Blvd,
The Recreation and Open space Element has designated a pOSSible
mini-park site on Hartin Luther King, Jr. Blvd, If a park site
is acquired by the City, the land use category should be
construed to be Recreational,
3,c. Mini-Park Site at N.E. 6th Avenue and N,E, 1st Street
73
A potential mini-park site has also been designated at the
southeast corner of N.E. 6th Avenue and N.E. 1st Street. These
lots should be construed as being in the Recreational land use
category when they are acquired, however, rezoning to the
Recreation zoning district would not be immediately necessary
since governmental uses are allowed in the current R-2 zoning
district.
3,d. Expansion of Sara Sims Park and Wilson Park
Several lots adjacent to Sara Sims Park and Wilson Park have been
acquired by the City or are proposed to be acquired by the City
for additions to these parks. These lots should be construed as
being in the Recreational land use category when they are
acquired, however, rezoning to the Recreation zoning district
would not be immediately necessary since governmental uses are
allowed in the current R-2 zoning district.
3.e. Galaxv Elementary School and Barton Memorial Park
The current land use category (Public and Private Governmental/
Institutional) would allow either recreational or educational use
of vacant portion of the Galaxy Elementary School site. The City
should seek preservation of sand pine scrub on both the school
and park site, since this habitat has been designated as an "A"
rated site in the Conservation Element.
3.f. Boynton Beach Boulevard Between Interstate 95 and Seacrest
Boulevard
The proposed Community Redevelopment Plan for Planning Area 3,
which includes properties in the vicinity of this segment of
Boynton Beach Boulevard, and has also adopted a Urban Design Plan
for the entire length of Boynton Beach Boulevard,
The land use and zoning recommendations contained in these two
plans conflict to some extent; therefore, the Community
Redevelopment Plan should be construed to supercede the Urban
Design Plan in the case of conflicts, Development and
redevelopment along the entire Boynton Beach Boulevard corridor
should otherwise be generally consistent with the the Boynton
Beach Boulevard Urban Design Guidelines, when these design
guidelines are adopted by the City commission. The land use and
zoning changes which are recommended in the proposed
Redevelopment Plan are summarized below, and have been
incorporated into the Future Land Use Plan:
0ffit~/~~~~ttiaI/tand/Wse,/west/~f/$eatt~st/S~~IeYatd'
Rev. 6/2/92 - Ord. 092-28 (3.f)
74
The Local Retail Commercial land use which lies on both sides of
Boynton Beach Boulevard should be changed to Office Commercial
and the zoning changed from C-2 Neighborhood commercial to C-1
Office and Professional Commercial. Currently, the commercial
land use and zoning includes only the platted lots which front on
Boynton Beach Boulevard. In accordance with the proposed
Community Redevelopment Plan, Office Commercial land use should
be construed to extend to a full block depth, on both sides of
Boynton Beach Boulevard, if the parcels in these blocks are
combined and developed in accordance with the redevelopment plan.
Local Retail Commercial Site and Southwest Corner of Boynton
Beach Boulevard ar~ Seacrest Boulevard:
Expansion of the commercial land use and zoning at the southwest
corner of Boynton Beach Boulevard and Seacrest Boulevard should
be permitted, in order to allow for a retail or office project.
The land use for the residential lots which lie to the north of
N.W. 1st Avenue and east of N.W. 1st Street should be construed
to be in the Local Retail Commercial land use category, if these
lots are combined with the lots that front on Boynton Beach
Boulevard and Seacrest Boulevard to form a unified retail or
office project, in accordance with the redevelopment plan.
M~Il~~t/X~~/$lt.'
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t~~.ttl~I/I~n~/~$./t~t.w~tt/~n~/tf3/t~~~nltt/t~~.ttl~I/t~nlnw
~l$ttltt'
3.g. Municipal Complex
The City is currently expanding the entire City Hall/Civic
Center/Library complex, which occupies the blocks along the east
side of Seacrest Boulevard, between Boynton Beach Boulevard and
S.E. 2nd Avenue. Since the parcels which are currently zoned
Recreation and R-3 Multiple-Family Residential on these blocks
will be incorporated into the municipal complex, the entire area
should be placed in the Public and Private
Governmental/Institutional land use category and Public Usage
zoning district. The parcel which is currently occupied by
multiple-family housing should be construed to be in this land
use category only when it is actually acquired by the City and
redeveloped for public use.
3.h. East Ocean Avenue between Seacrest Boulevard and FEe
Tracks
Rev. 6/2/92 - Ord. 092-19 (3.f)
75
In order to create a pedestrian and commercial corridor between
City Hall and the CBD district, a special zoning district should
be created for the segment of E. Ocean Avenue lying between 1st
Street and the FEC tracks. However, in order to preserve the
character of this street and prevent conflicts with adjacent
residences, the following policies will be necessary:
(1) Allow only restricted retail and office use for parcels
fronting on E. Ocean Avenue:
(2) Restrict building heights to 2 stories (25 feet);
(3) Restrict the hours of operation for commercial uses;
(4) Encourage "coastal vernacular" architecture for commercial
buildings; encourage re-use of existing historic buildings for
commercial uses.
In order to encourage commercial uses along this street frontage,
The City should allow all parking requirements to be waved for
commercial uses which occupy only lots fronting on Ocean Avenue.
Adequate parking will be provided on Ocean Avenue, at the City
Hall complex, and proposed municipal parking garage between the
FEC railroad and u.s, 1,
4. PLANNING AREA 4--0CEAN AVENUE TO LAKE IDA AND GULFSTREAM
BOULEVARD, BETWEEN INTERSTATE 95 AND FEC TRACKS
4.a. Residential and Industrial Areas Ad;acent to and East of S.
Seacrest Boulevard, between N.W. 1st Avenue and Wo01briqht Road
The neighborhood east of Seacrest Boulevard was placed in a
single-family zoning district in 1980, in order to maintain the
single-family character of this neighborhood, It is desirable
for this zoning to continue. It is also desirable for the R-2
and R-3 zoning along Seacrest Boulevard to continue, since the
existing dwellings along this frontage are well-maintained,
commercial uses would create an intrusion, and the City is
attempting to concentrate commercial development in the CBD and
along Boynton Beach Boulevard.
tK~/t~w/~f/I~t8/wHltH/ll~8/.I~ri~/tH~/8~_tH/81.~/~f/$'Z'IZ&tH
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_8~/tat~~~tt/.ri.larZlt~rilri~/.18ttltt'l/tK~/pt~t~ltt/~f/~f/tHe8~
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~lttt1tt/t~/tH~/~.8t'/.ri.lt~/tH~/rZ~/ttatK8/ari./W~~I~tl~Htla~..
max~8/a~YeI~~~rit/~f/tH~/1.t.rit/I~t8/~riltH~/~.8t/~ri./~f/tHr8
8tt~~t/f~t /$bi~Ierfamrzt/)l.~_8rrigt/1biI1K~It' .
Rev. 6/2/92 - Ord. 092-26 (4.a)
76
In order to promote compatibility between the industrial district
lying between S,E. 1st Street and the FEC tracks, building
heights should be limited to 2 stories (25 feet), Vegetative
screening of the buildings and parking lots adjacent to S.E. 1st
Street should also be required, when these properties are
developed or redeveloped.
4.b. Deleted Rt2/Z~~e~/aZ~t~/a~~~~e~/~y/S'W'/2~~/~we~~eJ/S'W'/Zst
StteetJ//S'W'/3t~/~we~~eJ/~~~/S'W'/2~~/Stteet
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tf~ilt/~weIZi~ws'//$i~te/tHis/~Z~t~/is/p~tt/~f/tHe/si~wZetf~iZt
~eiw~~tH~~~/wHitH/Zies/t~/tHe/we$t/~~~/$~~tH'/it/$H~~Z~/~e
pZ~te~/i~/tHe/~~w/~e~$itt/Resi~e~ti~Z/Z~~~/~$e/t~tew~tt/~~~/RtZ~
t~~i~w/~i$ttitt'
4.c. R-1AA Zoned Block on North Side of Forest Park Elementary
School
The predominant lot size on this block is 6,850 square feet with
a 57-foot frontage, both of which are substantially less than the
R-1AA requirements. Therefore, it is recommended that the zoning
on this block be changed from R-1AA to R-1A.
4.d. North Side of Woolbright Road between Interstate 95 and S.W.
1st Street
There have been numerous inquiries concerning the possibility of
C-l (Office and Professional Commercial) zoning on these lots,
however, no rezoning applications have been filed in recent
years. Since Woolbright Road is a four-lane arterial which
carries over 25,000 trips per day, the suitability of these lots
for single-family dwellings is questionable. It is recommended
that the Future Land Use Plan for these lots be construed to be
Office Commercial, contingent, however, upon meeting the
conditions set forth below. Commercial zoning on this property
should be limited to 1 story offices, in order to minimize
traffic and preserve the residential character of this area.
These offices should either utilize existing dwellings, or should
be constructed with a residential style of architecture.
Furthermore, the construction of a buffer wall along the rear
lots lines should also be required. In order to minimize the
need for curb cuts onto Woolbright Road, a minimum parcel size of
25,000 square feet should be required, and the number of curb
cuts should be restricted as much as possible. Office
development of the parcels which border the Interstate 95
right-of-way should be conditioned upon the combination of these
parcels, abandonment of S.W. 3rd Street, and access being
prohibited from either S.W. 3rd Street or S.W. 14th Avenue. In
order to improve the developability of the 3 lots that lie
immediately to the east of 3rd Street, the front yard requirement
Rev. 6/2/92 - Ord. 092-33 (4.b)
77
should be measured from the sidewalk, rather than from the
right-of-way line.
4,e. Vacant Parcel South of Water Treatment Plant on S. Seacrest
Blvd.
There are approximately 7.8 acres of vacant property lying to the
south of the City's water treatment plant, along the east side of
Seacrest Boulevard, This property should t~~l~/l~/lt$/pt~$~~t
Za~~/~$~/iZa$$lfli~tl~n/an~/$~~~Za be developed either for
residential or institutional use. The demand for commercial
floor space will not increase significantly enough to warrant
commercial use of this property. Any increased demand for
commercial land which does occur should be accommodated in the
CBD district and the Coastal Area. Furthermore, commercial
development would degrade the residential environment of the
neighborhood, and would cause serious traffic congestion on roads
in the vicinity. Another possible use of the the property would
be for the expansion of the water treatment plant and/or
wellfield~lla~~/lf/~$~~/a$I$~i~llt~e/'~t~t~/ta~~/~$~/~ap/~at~w~tt
$~~~Z~/~e/~~~$tt~~alt~/~~/'~Zl~/~~/'tltAte
~~w~t~~~taZ/t~$tit~tl~~aIJI Recreational use would be a possible
use for any portion of the property which is not used for the
water plant expansion. If the water treatment plant is expanded
at this location, the site should be designed so as to minimize
adverse impacts on the surrounding residences.
4.f, Commercial and Residential Properties in Vicinity of Golf
Road and S. Seacrest Boulevard
In order to ensure compatibility with nearby residences, the C-l
zoned lots at the northwest corner of S. Seacrest Blvd. and Golf
road should be limited to 1 story buildings. Due to the shallow
lot depth and proximity to single-family dwellings, the C-l zoned
parcels which front on Seacrest Blvd., north of S.E. 27th Avenue,
as well as those which front on S.E. 23rd Avenue, should be
limited to 2 story 125 foot) buildings. Commercial zoning should
not be permitted to extend to the west, along the south side of
Golf Road, or along Seacrest Boulevard, north of S,E. 21st
Avenue. Commercial zoning of these parcels would create an in-
trusion into the adjacent residential neighborhoods, and is not -
warranted, due to the availability of other commercially-zoned
parcels in the vicinity, The C-2 district which extends along
the west side of the FEC tracks, north of S.E. 23rd Avenue cons-
titutes an eXisting commercial intrusion which should be
minimized. It is therefore recommended that the parcels which
lie to the north of S.E. 22nd Avenue, be changed from the current
Local Retail Commercial land use and C-2 zoning to an Office Com-
mercial land use category and C-l zoning, and be limited to l-st-
ory bUildings. The demand for retail stores is expected to be
minimal at this location; therefore, it would be desirable for
these properties to be used for offices, which is more likely due
Rev. 6/2/92 - Ord. 092-21 14.el
78
to their proximity to the hospital, rather than for marginal
retail uses.
4.g. South Seacrest Boulevard, South of Bethesda Memorial
Hospital
As with the remainder of Seacrest Boulevard, there may be
pressure to change the current residential zoning to commercial
zoning, particularly office commercial. There is already an
adequate supply of commercially-zoned property in the vicinity,
so allowing additional commercial intrusions into this
single-family neighborhood is not warranted. It is also
recommended that, on the existing C-l zoned parcel at the
northeast corner of Seacrest Boulevard and Gulfstream Boulevard,
the maximum building height should be limited to 2 stories (25
feet) in order to ensure compatibility with the surrounding
single-family neighborhood.
4.h. Deleted ~f2/Z~n~~/t~t$/in/Yitinitt/~t/$'t'/3~tH/$tt~~t
tH~/I~t$/wHitH/.t~/I~t.t~~/in/tH~/Yitinitt/~t/$'t'/3~tH/$tt~~t
wH~t~/it/t~~in.t~$/at/tH~/rtt/tt.t~$/H.Y~/~~~n/~~Y~I~~~/f~t
$inwI~/tamilt/~w~IIinW$'//Xn/~t~~t/t~/pt~$~t;~/tHi$/$~.II
$~~iYi$i0n/a$/a/$inwI~/tamllt/n~lW~0tH00~J/tH~/I.n~/~$~/$~~~I~
~~/tManw~~/t0/t0w/~~n$ltt/R~$1~~ntl.l/an~/tH~/t0nln~/tManw~~/t~
RfXA/$ln~I~/tamllt/R~$l~~ntlal'
4.i. Vacant 55-Acre Parcel on East Side of S. Seacrest Boulevard
This property is one of the few large undeveloped parcels lying
east of Interstate 95. It is not coincidental that the property
also contains the largest remaining area of Florida scrub in the
City. As noted in the Conservation Element, this is an "A" rated
area of natural habitat, which therefore warrants preservation.
Through a combination of different measures, the City should
attempt to preserve as much or this property as possible, through
clustering of buildings, park dedication, and possibly, outright
purchase. As noted in the Recreation and Open Space Element, a
neighborhood park should also be dedicated on this site,
preferably, along Seacrest Boulevard. If a park site is
acquired, the Future Land Use Map for this site should be
construed to be in the Recreational land use category.
4.j. Unincorporated Parcel at Northwest Corner of FEC Railway and
Gulfstream Boulevard
This property should be annexed into the City prior to providing
water or sewer service. The portion of this parcel abutting the
FEe tracks for a depth of approximately 175. feet should be placed
in the Medium Density Residential land use category and R-2
zoning district, which would allow for the construction of a row
of duplexes similar to that which exists further to the north,
Rev. 6/2/92 - Ord. 092-24 (4.h)
79
along S,E, 2nd street. The property which lies to the west of
this line should be placed in the Low Density Residential land
use category and R-1A zoning district.
4.k, Delray Beach Fraternal Order of Police property
This property is an unincorporated enclave which should be
annexed and either placed in the Low-Density Residential, Public
and Private Governmental/Institutional, or Recreational land use
category depending upon the anticipated future use at the time of
annexation. The zoning district will depend upon the land use
category which is assigned to this parcel.
4.1. unincorporated Parcels in Vicinity of Lake Ida
Those parcels on the west side of Lake Ida, north of the L.W,D.D.
L-30 Canal and the adjacent right-of-way for Interstate 95 should
be annexed. The existing industrial parcel along Interstate 95
should be annexed as a nonconforming use in a Low Density
Residential land use category and an R-1AAB zoning district,
since this is an inappropriate location fo industrial uses,
Those parcels to the north and south of the eXisting industrial
parcel should also be placed in a low-density residential
category and developed for single-family detached housing. The
small parcel abutting the east side of the Lake Eden subdivision
should also be annexed and placed in the same land use and zoning
categories as the adjacent incorporated properties.
80
PLANNING AREA 5--HIGH RIDGE ROAD CORRIDOR, QUANTUM CORPORATE
PARK, AND VICINITY
5.a, Thompson Road {presentlY unincorporatedl
This area has been subdivided and is largely developed for
Single-family detached dwellings, although the northern end of
the subdivision is still vacant, Annexation of these lots should
be by referendum or other legal means for annexing the entire
area. If annexed, the land use and zoning imposed by the.City
should limit the development of these lots to Single-family
dwellings. Commercial land use should not be allowed on the
northerly lots, as is permitted by Palm Beach County, since and
the L-18 Canal provides a sufficient buffer between these lots
and Hypoluxo Road, and the parcel depth would not allow for a
sufficient buffer adjacent to the residential lots which lie to
the south,
S.b. Hiah Ridae Road Corridor (presentlv unincorporatedl
presently this area is occupied by several large-lot
single-family subdivisions, and several large vacant parcels,
Annexation of the subdivided areas would not be practical, since
it would not be pOSSible to serve these lots efficiently, if
annexed individually. Annexation of these lots should be by
referendum or other legal means for annexing the entire area.
The unplatted parcels on the west side of High Ridge Road,
immediately north of the Miner Road right-of-way should be
annexed, however, prior to development, in order to eliminate
this unincorporated enclave, and should be placed in the Low
Density Residential land use category.
The parcel which has been developed for warehouses at the
southwest corner of Hypoluxo Road and 1-95 should be placed in
the Industrial land use category, and the parcel immedately to
the west, which is occupied by a church, should be placed in the
p~b%ie-afta-p~iva~e-5eve~ftmeft~a%riftS~i~~~iefta% Local Retail
Commercial cateaory, in order to be consistent with the Palm
Beach County Comprehensive Plan. Continuing westward, the
parcels which abut the south side of Hypoluxo Road, between the
church and High Ridge Road, should be placed in the Local Retail
Commercial category, consistent with the Palm Beach county Future
Land Use Plan. The parcel at the southwest corner of Hypoluxo
Road and High Ridge Road, to a depth of apprOXimately 300 feet,
should be placed in the office commercial land use category, All
of the parcels along this segment of Hypoluxo Road should be
limited to a maximum building height of 2 stories (30 feetl in
order to prevent conflicts with the low-denSity residential
subdivisions which lie in the vicinity. These parcels should be
annexed only if an analysis of the annexation applications shows
that annexation would be consistent with the City's annexation
policies, as set forth in the Intergovernmental Coordination
Element, and the requirements of Florida statute.
81
PLANNING AREA 6--CONGRESS AVENUE TO LAWRENCE ROAD, NORTH OF
BOYNTON CANAL
6.a. Incorporated and Unincorporated Parcels North of Meadows 300
P.U.D.
There are three parcels, totalling 31 acres, immediately north of
a rental apartment project lying within the Meadows 300 Planned
Unit Development. The placement of a rental project--with
densities of 7.4 to 10.4 units per acre to the south and' to the
east of these three parcels has changed the character of the
area, especially considering that the parcels in question are
only 4 acres, 9 acres, and 18 acres in area. The 18 acre parcel,
although zoned for a single-family PUD, is owned by the School
Board of Palm Beach County, and is being considered for an
elementary school site. These three factors--the relatively high
densities adjacent to the south and east, the small parcel size,
and the possible use of one parcel as a school make area 6.a.
more suitable for multiple-family housing. Therefore, the
density in this area should be increased, from Low Density
Residential (4.84 units per acre) to Moderate Density Residential
(7.26 units per acre). The height of buildings on these parcels
should be limited, however, in consideration of the single-family
dwellings which lie to the north, across Hypoluxo Road.
Therefore, any buildings constructed on these parcels should be
limited to a maximum height of 2 stories (25 feet) on the
northern 150 feet and 3 stories on the northern 400 feet of these
three properties.
6.b. Knollwood Orange Groves
This 112-acre parcel contains the City's only active citrus
grove. Since this property lies within the path of urban
development, the land use on this parcel should be changed from
Agricultural to Low Density Residential. Development of this
property should take into consideration the single-family houses
which lie to the northwest, and the single-family projects which
lie to the south. Therefore, this property should be developed
as a planned unit development, and any buildings constructed on
these parcels should be limited to a maximum height of 2 stories
(25 feet) within 150 feet and 3 stories within 400 feet of any
existing or planned single-family lots. Also, development
approval for this property should include a requirement for
dedication of a neighborhood park site on the property.
6.c. Unincorporated Parcels Adioininq Northwest Corner of the
City (presentlY unincorporated)
With the exception of the 8 acre parcel adjacent to Hypoluxo
Road, these parcels should be annexed and placed under the Low
Density Residential land use category, in order to ensure
Rev. 1/5/93 - Ord. 092-64 (6.c)
83
compatibility with existing and future residential land uses in
the vicinity. Annexation of these properties will square off the
City's boundary and will allow the City to control the use of
these parcels. Development of these parcels should be compatible
with existing low-density single family dwellings in this area.
However, the 8 acre parcel adjacent to Hypoluxo Road should be
placed in the Local Retail Commercial land use category.
Commercial development of this corner is warranted, because this
parcel possesses a County Commercial Low land use plan
designation and because the narrow configuration of the parcel
would make residential development of the property very
difficult. Development of the parcels which lie to the south of
the above-mentioned parcel should be limited to low-density
single-family detached dwellings, with a gross density of not
more than 3,5 units per acre. The rights-of-way for Lawrence
Road and Hypoluxo Road which lie adjacent to all of the above-
mentioned parcels should also be annexed.
6.d. Whisperinq Pines Mobile Home Park (presentlv unincorporated)
This mobile home park leases spaces to its tenants--therefore,
redevelopment to permanent housing is likely to occur in the
future. Currently, the mobile home park is served by a private
water and sewer system, however, this parcel may eventually tie
onto City utilities, which may occur either before or after it is
redeveloped, As stated elsewhere in the Future Land Use Element,
the City should adopt a policy of allowing mobile home parks as
P.U.D.s in the area west of Congress Avenue. Any agreement to
serve this mobile home park with City water should specify a Low
Density Residential land use classification for the property.
Low density and low-rise (2 story maximum) development is
desirable on this parcel in order to be compatible with the
densities of existing and future residential projects in the
area. If Whispering Pines is annexed, the adjacent right-of-way
for Lawrence Road should also be annexed.
6.e. Incorporated and Unincorporated Parcels to the Northwest of
Sunny South Estates
Most of the parcels lying to northwest of the Sunny South Estates
P,U.D. have either been annexed. All of these residential
projects have been approved for low-density single-family
detached housing, The remaining unincorporated parcels are shown
on the Palm Beach County Land Use Plan in the Medium-Medium High
Density (8 to 12 dwellings per acre) land use category. These
parcels should be annexed and placed in the City's Low Density
Residential (4.84 dwellings per acre) land use category, so as to
compatible with the densities of other residential projects in
the vicinity. Since this portion of Lawrence Road is being
developed for 1- and 2-story single-family dwellings, the maximum
building height along this corridor should be 2 stories (25
feet). Annexation of these parcels should'also include
84
include annexation of the adjacent rights-of-way for Lawrence Ro-
ad and Hiner Road.
6.f, Sunny south Estates PUD (presently unincorporated)
Sunny South Estates is a PUD in unincorporated Palm Beach county
which consists of a mobile home park on the eastern and northern
portions, and rental apartments on the southwestern portion. It
is possible that the mobile home park portions may be redeveloped
to permanent housing, at which time, the City should require new
water service agreements, and should require an application for
annexation. The City currently has a water service and
annexation agreement covering the apartment project in the
southwestern portion of the P,U.D. It would be desirable to
annex all portions of Sunny south Estates, since this development
has an extensive border with the City, and has an extensive
border with other parcels which should be annexed into the City.
The overall density should not be permitted to exceed the current
approved density, since the sizing of water and sewer lines in
the Congress Avenue corridor was based upon this density.
Furthermore, any development or redevelopment of the parcels
contained in this PUD should limit building heights to 2 stories
(25 feet) within 150 feet and 3 stories within 400 feet of any
single-family lots in the vicinity. Redevelopment of the eastern
portion of the P.U.D, from mobile homes to permanent housing
should include dedication of a neighborhood park site.
Annexation of Sunny South Estates should also include annexation
of the adjacent right-of-way for Lawrence Road and N,W. 22nd
Avenue.
6.g, Barwood proiect (unincorporated)
This is a 20 acre parcel which is being developed for townhouses
with a maximum density of 6 dwelling units per acre. This
property should be required to annex when it becomes contiguous
to the City,
6.h. Commercial Property Adiacent to Lawrence Road
(unincorporated)
There are several small parcels along Lawrence Road in the
unincorporated area, several hundred feet south of 22nd Avenue,
which are zoned for commercial use or shown on the County's
Future Land Use Plan as potential commercial. If these parcels
are annexed into the City, the appropriate zoning would be C-2
Neighborhood commercial, The City should oppose any additional
commercial zoning along Lawrence Road, in order to maintain the
residential character of this corridor, and since adequate
commercial property already exists along Hilitary Trail and
Congress Avenue.
85
6,i, West Bovnton Subdivision. North of Bovnton Canal, and
Subdivision Adiacent to Tucks Road (unincorporated I
This area consists of older subdivisions which are developed for
single-family housing at densities of about 4.5 dwelling units
per acre. Annexation of these subdivisions on a lot-by-Iot basis
would be impractical. However, it would be desirable to annex
the entire area, by referendum or other legal means. Since
septic tank pollution is a problem in this area, the City should
attempt to prOVide both water and service to these properties,
and should consider placing these properties in a special
assessment district, if annexed, or make a similar arrangement
with Palm Beach county until such time as annexation occurs. Any
annexation which does occur in this area should also include the
adjacent right-of-way for Lawrence Road.
6.j, Southwest corner of N, Conaress Avenue and N.W, 22nd Avenue
There is a 13,2 acre parcel at the southwest corner of N.
congress Avenue and N,W, 22nd Avenue which is currently within
the Catalina Club planned unit development. This property is
located at the intersection of two thoroughfares and therefore
satisfies the locational requirements for retail commercial uses.
Therefore, it is recommended that the land use on this property
be changed from High Density Residential to Local Retail
Commercial,
PLANNING AREA 7--BOYNTON BEACH BOULEVARD CORRIDOR, BETWEEN
INTERSTATE 95 AND LAWRENCE ROAD
7.a. Residential Parcels in Vicinitv of Old Bovnton Road and
Bovnton Beach Boulevard, Between Conaress Avenue and Interstate
~
Due to the increased traffic which will be drawn to the Boynton
Beach Mall, there will be pressure to rezone the parcels in this
area from residential to commercial use. Other than minor
adjustments to the existing zoning district boundaries,
commercial zoning should not be allowed to extend westward along
old Boynton Road and Boynton Beach Boulevard. Extending
commercial zoning along these thoroughfares would cause serious
traffic congestion and degrade the residential environment in the
adjacent neighborhoods, In particular, commercial zoning should
not be permitted on the residential lots and small parcels which
lie along Old Boynton Road to the northwest of the Florida Power
and Light substation, and should not be permitted on the
3,87-acre outparcel lying along the east side of Palm Beach
Leisureville. One addition to the commercial zoning district is
desirable, however: It is recommended that land use on the
southern 300 feet of the R-2 zoned property owned by Florida
Power and Light Co" at the northeast corner of Boynton Beach
86
Boulevard and Old Boynton Road be changed to Local Retail
Commercial, and the zoning changed to C-2 Neighborhood
Commercial. The development of this parcel should be continent
upon its being combined with the vacated right-of-way for Old
Boynton Road, and the small triangular-shaped parcel at this
intersection, and the rezoning of the combined parcels to a
planned commercial development, The northern 330 feet of the FPL
property should be changed from Medium Density Residential land
use and R-2 zoning to Low Density Residential land use and R-IA
zoning. This land use/zoning change would prevent duplex.
dwellings from being placed immediately next to a Single-family
neighborhood, The vacant outparcel which lies along the east
side of Palm Beach Leisurevile should be limited to either
single-family residential use, with a maximum density comparable
to the adjacent portion of Leisurevile, or to a low-intensity
institutional use.
7,b, Pioneer Canal Park Addition
Two platted lots have been added to the eastern side of Pioneer
Canal park, and are thus shown in the Recreational land use
category. Since governmental uses are permitted in the current
R-IA zoning district, it will not be immediately necessary to
rezone these lots to the Recreation zoning district.
7.c, Propertv at Northeast Corner of Old Bovnton Road and
Conaress Avenue
This l04-acre parcel is shown on the Future Land Use plan as
Moderate Density Residential (7.26 dwellings per acre). With the
development of the Boynton Beach Mall directly to the west, and
development of the other two corners of this intersection for
commercial use, there will be increased pressure to develop this
property for commercial use. Commercial land uses should not be
permitted on this property since adequate commercially-zoned land
already exists to accomodate existing and projected demand, and
because commercial land uses would create an unacceptable impact
on roads in the vicinity. Since there are few large industrial
sites in the City, this is also a pOSSible site for one or more
major manUfacturing plants. It would be preferrable for this
property to be developed as one or more planned zoning
districts, in any case, as opposed to piecemeal and unplanned
development. Development of this property will be constrained,
however, by the capaCity of the surrounding road rights-of-way,
Development which is more intensive than that which is currently
allowed by the Future Land Use plan should not be permitted, if
the traffic generated cannot be accomodated on the surrounding
roads, in accordance with the levels of service set forth in the
Traffic Circulation Element. As an alternative, the city, or the
applicant for development of this property could apply for a
lower level of service, by seeking to have. this property and
other properties in the vicinity approved as a Regional Activity
87
Center and an Areawide Development of Regional Impact. In any
case, industrial development should not be permitted to have
access on Old Boynton Road any further east than Hoadley Road.
7.d. Outparcel of Bovnton Beach Mall
This wooded parcel was designated for preservation in its natural
state at the time the Boynton Beach Mall Development of Regional
Impact (DRI) was approved. The parcel has been annexed, however,
no land use or zoning designation has been placed on the'property
by the City; therefore, the Palm Beach County land use and zoning
categories still apply. Currently, the Boynton Beach Mall is
seeking approval of a substantial deviation from the Boynton
Beach Mall Development of Regional Impact, to use part of this
natural area for parking, in order to accomodate an additional
anchor store. The natural area which remains after the compl-
etion of the substantial deviation procedure should be placed in
the Recreational land use category and REC zoning district. If
the substantial deviation is not approved, the entire parcel
should be placed in the Recreational land use category and REC
zoning district.
7.e, West Bovnton Subdivision, south of Bovnton Canal
This area consists of an older platted subdivisions and one
replatted section. There are also about 45 acres of undeveloped
property, 13 acres of which are owned by the City of Boynton
Beach, and 8 acres which are owned by the Palm Beach County
Housing Development corporation. The existing developed area
consists of single-family housing at a density of about 4.5
dwelling units per acre. Annexation of the developed portion of
Boynton West Subdivision, on a lot-by-Iot basis would be
impractical, however, annexation by referendum or other legal
means should be pursued. Annexation of the undeveloped portion
is unlikely due to the existence of the developed lots which
intervene. The City should oppose development on the vacant
portion of Boynton West subdivision which exceeds densities on
the adjacent developed portion, exceeds a 2-story building
height, or which would alter the single-family character of the
area. A pOSSible use of the vacant property in this area would
be a neighborhood park, on the property owned by the City, or a
district park, if the property owned by the City were to be
combined with the other large vacant parcels in the vicinity. To
the extent that these properties are reserved for or developed as
parks, they should be placed in the Recreational land use and
zoning categories. Since septic tank pollution is a prOblem in
this area, the City should attempt to provide both water and
service to these properties, and should consider placing these
properties in a special assessment district, if annexed, or make
a similar arrangement with Palm Beach County until such time as
annexation occurs. Any annexation which does occur in this area,
however, should also include the adjacent rights-of-way for
88
Lawrence Road and Old Boynton Road. Commercial zoning should not be
permitted along Old Boynton Road, in order to prevent the aesthetic
and traffic safety problems that would accompany strip commercial
development. Commercial development would also create and intrusion
into the single-family neighborhood which lies to the north,
7.f. Incorporated and Unincorporated Parcels Bounded bv Conqress
Avenue. Old Bovnton Road, Knuth Road, and L.W.D.D. L-24 Canal
This area contains a number of parcels in an unincorporated enclave,
all of which should be annexed. These parcels have unique
characteristics, since there are relatively few owners, the area is
bounded by collector and arterial roads, and the area is adjacent to
a regional mall and two community shopping centers. Consequently,
the City should encourage intensive commercial development in this
area. Particular requirements of the City should be that these
parcels be annexed prior to development, the parcels be developed as
planned zoning districts, where possible, or meet the intent of
planned zoning district setbacks and greenbelt standards where not
possible, that the City approve any Developments of Regional Impact
(including areawide DRIs) for these parcels, and that development
not exceed the capacity of public facilities which serve these
parcels.
In order to minimize land use conflicts with the residential land
uses which lie to the west, those parcels which abut the east side
of Knuth Road should be placed in the Office Commercial land use
category. The City should require that commercial development of
these properties includes the provision of adequate buffers to
protect the residential land uses which lie to the west.
High Density Residential or mixed-use residential and commercial
development should be considered to be an alternative land use, if
roadway capacity proves to be a problem. Residential densities up
to 10.8 dwelling units per acre would be permitted in this case.
The rightS-Of-way for Congress Avenue, Knuth Road, Old Boynton Road,
abutting this area should also be annexed, as well as any platted
Palm Beach Farms roads within the area.
7.g. Unincorporated Parcels Alonq North Side of Bovnton Beach Blvd..
east of Knuth Road
Those parcels along the north side of Boynton Beach Blvd. which lie
to the east of Knuth Road should be annexed and placed in the Local
Retail Commercial land use category and zoned C-3 Community
commercial.
Rev. 10-24-91 - Ord. 90-77 (7.f)
89
7.h. Residential Area between Old Bovnton Road and L.W.D.D. L-24
Canal west of Knuth Road
This area contains the Oakwood Lakes project, as well as a portion
of the Country Club Trails PUD. Densities for approved projects
range from 5 to 10 dwelling units per acre. This area has good
access and is largely surrounded by commercial or high density
residential developments. Therefore, this is an appropriate
location for High Density Residential land use. The City should
oppose any establishment of commercial uses within this area,
however, since commercial uses would intrude into residential areas,
access is not sufficient for commercial development, and adequate
commercially-designated property already exists in the vicinity.
Building heights should be limited to 2 stories, in order to be
compatible with the surrounding 1- and 2-story residences. The
undeveloped parcels abutting Old Boynton Road and Knuth Road should
be annexed if and when they become adjacent to the City. The
Oakwood Lakes project and the parcel to the west should ultimately
be annexed by referendum or other legal means. Any annexation in
this area should include annexation of the adjacent rights-of-way
for Old Boynton Road and Lawrence Road.
7.i. Parcels on North Side of Boynton Beach Boulevard. West of Knuth
Road
This area consists of a 160-foot deep strip of land lying between
Boynton Beach Boulevard and the L-24 Canal. The Palm Beach County
Comprehensive Plan shows only part of this strip to be suitable for
commercial development; however, it is likely that the remainder of
the parcels in this area will eventually be permitted to develop for
commercial uses. If annexed, the zoning categories imposed by the
City for these parcels should generally correspond to the pattern of
County zoning, meaning that retail commercial uses should not be
permitted further than 660 feet west of Knuth Road. Properties
lying to the west of this point should be limited to office uses,
The City should annex the properties designated for Office
'~mmercial only if it can be reasonably expected that Oakwood Lakes
.~velopment north of the L-24 Canal will also be annexed.
Furthermore, if any of the properties fronting on Boynton Beach
Boulevard are annexed, the right-of-way for Boynton Beach Boulevard
should also be annexed.
7.j. Parcel at Southwest Corner of Bovnton Beach Boulevard and Knuth
Road
This is a 14-acre parcel which is currently approved in the
unincorporated County as a golf and tennis facility. If developed
as such, a Recreational Land Use and Zoning deSignation would be
appropriate. It is likely, however, that the property will be
developed for more intensive uses. Regardless of how the property
is developed, the applicant should be
Rev. 10-24-91 - Ord. 090-68 (7.j)
90
. .required to submit an application for annexation. The City should
permit Local Retail Commercial. Building heights on this property
should be limited, however, to 2 stories (25 feet), since 1- and
2-story residences lie in close proximity to the south and southeast.
7.k. Unincorporated Parcels on South Side of Bovnton Beach Blvd.
These parcels constitute an unincorporated pocket which should be
annexed. The first row of lots lying to the west of the present City
limits, having an east-west dimension of approximately 300 feet
should be placed in the General Commercial land use category and C-4
zoning district. These parcels should be required to dedicate
right-of-way and construct the adjacent street consistent with
requirements that were placed on the U.S. Post Office. The
commercial parcels should be developed so as to be compatible with
the future residential use of the property which lies to the west.
The parcels which lie further to the west may be utilized for future
commercial development subject to rezonings to Planned Commercial
Development Districts and the establishment of adequate buffers
adjacent to a single-family subdivision which lies immediately to the
west of these parcels. Furthermore, building heights on this parcel
should be limited to 2 stores (25 feet) within 150 feet and 3 stories
within 400 feet of these single-family lots.
PLANNING AREA 8--S0UTHWEST QUADRANT OF CITY
8.a. Lake Bovnton Estates (language which was included in the draft
Plan and support documents which were transmitted to the City
Commission on October 17, 1989)
The northern portion of this subdivision is zoned primarily for
single-family use, but includes multiple-family zoning along the
eastern boundary, and Neighborhood commercial zoning at the northern
and southern ends. The southern portion of Lake Boynton Estates and
several unplatted tracts lie within a Planned Unit Development (PUD)
and Planned Commercial Development (PCD), which are the subject of
court-ordered settlement stipulations, concerning the land use and
zoning for the area. On the northern portion of Lake Boynton Estates
the property, which is not within the PUD or PCD, the land use for
the R-1A zoned portion should be changed from Moderate Density
Residential to Low Density Residential, to reflect the existing
zoning and pattern of development, and the land use for the R-3 zoned
portion should be changed from High Density Residential to Medium
Density Residential and R-2 zoning, again, to reflect the existing
pattern of development. The parcel occupied by the American Legion
Clubhouse along the SAL tracks should be placed in the Public and
Private Governmental/Institutional land use category and Public Usage
zoning district to reflect its current use.
Rev. 10-24-91 - Ord. 090-71 (7.k)
91
The land use zoning, and use and/or development on the remainder of
Lake Boynton Estates and the unplatted outparcels is the subject of
litigation described in Appendix "D" to the Future Land Use Element
Support Documents, and is to be governed by the court-ordered
settlement stipulations which are or may be in effect for this area.
The use and development of this property shall be construed to be
governed by the Comprehensive Plan in effect on November 6, 1986
(i.e., the 1986 Evaluation and Appraisal Report), Code of Ordinance
requirements, and other development regulations which were in effect
at that particular date, except to the extent that the Comprehensive
Plan, Code of Ordinance requirements, and development regulations are
specifically superseded by the settlement stipulations. Therefore,
the public parks dedication, private recreation facilities, natural
area preserves, road improvements, utilities, and other public
facilities which are required shall be those which are specified in
the settlement stipulations, and the impact fees which are to be
collected will be equivalent to the fees which were in effect at the
time that the settlement stipulations went into effect. A history of
the litigation involving this property is included as Attachment "D"
to the Future Land Use Element Support Documents.
8.b. Propertv on Northeast Corner of Golf Road and Conqress Ave.
This parcel occupies approximately 4 acres and was formerly shown in
the Moderate Density Residential land use category and R-1AA (PUD)
zoning district, which is the same as the adjacent single-family
portion of Boynton Beach Leisureville. This property is shown in the
Office Commercial land use category on the Future Land Use Map, in
accordance with the Settlement and Stipulation Agreement between
Milnor Corporation and the City (see Appendix "D" to the Future Land
Use Element support Documents). This agreement specifies that the
property is to be developed for offices, and includes specific
conditions for the use and development of the property, The land
use, zoning, and the use and development of this property shall be in
accordance with the above-mentioned Settlement and Stipulation
Agreement.
d.c. Propertv on Southeast Corner of Golf Road and Conqress Ave.
This parcel occupies approximately 8.5 acres and was formerly shown
in the Low Density Residential land use category and R-1AA zoning
district. This property is shown in the High Density Residential
land use category on the Future Land Use Map, in accordance with the
Settlement and Stipulation Agreement between Milnor Corporation and
the City (see Appendix "D" to the Future Land Use Element Support
Documents). This agreement specifies that the property is to be
developed as an adult congregate living facility (ACLF), and includes
specific conditions for the use and development of the property. The
land use, zoning, and the use and development of this property shall
be in accordance with the above-mentioned Settlement and StipUlation
Agreement.
92
8.d, Unincorporated Parcels South of Silverlake Estates
These parcels should be annexed and placed in the Low Density
Residential land use category. Development of these properties
should generally be limited to single-family detached dwellings, so
as to be compatible with the one-story condominiums which lie to the
south and the single-family subdivision lying to the north.
a.e. Industrial Property Fronting on East Side of South Conqress Ave.
This is a highly visible corridor which lies across the street from a
low-density residential development: therefore, approval of site
plans along this frontage should include strong consideration of
aesthetics. In particular, garage doors and loading areas should not
be permitted to face Congress Avenue. Since the City's zoning
regulations allow certain retail uses and services related to home
improvement (hardware, furniture, tile and carpet stores, for
example), it is expected that a large portion of this frontage will
develop for these types of uses. In order to enhance this area as a
home improvement and design district, the City's zoning regulations
should be examined to determine whether other similar retail goods
and services should be permitted on industrial parcels which front on
thoroughfares. Promoting home improvement and design uses along this
frontage would provide a low-intensity commercial use which would
avoid the aesthetic problems which often accompany both industrial
uses and conventional strip commercial development.
a.f. Outparcel of Charter World
This is a small (3.7 acre site) which is in the High Density
Residential land use category and R-3 zoning district. In order to
assure compatibility with the surrounding low-rise residential
projects, the building height on this parcel should be limited to 2
stories (25 feet).
8,g, WXEL Broadcastinq Facilitv on Charter World Parks and Recreation
Dedication
The southern 6.2 acres of the public park and recreation parcel which
was dedicated to the City has been deeded to the Florida Department
of Education for use as a broadcast facility and transmitting tower
for a public radio and television station (WXEL). Since this use
provides public entertainment and education for all current and
future residents of the City, it should be construed to be consistent
with the Recreational land use category and the Recreation zoning
district.
93
8.h. Commercial Parcel Frontinq on Conqress Avenue East of Hunter's
Run
The analysis of the supply and demand for commercial land in the City
indicates that there will be demand in the long-run for this
commercial property, which is currently in the Local Retail
Commercial land use category and C-3 community Commercial zoning
district. The site is fairly well-buffered from surrounding
residences, the closest of which will lie over 500 feet to the west.
The intervening property is occupied by a lake and golf course.
Because of these two factors--the long-run demand for the commercial
acreage and the distance from existing and future residences, it is
recommended that commercial land use and zoning remain. However, due
to the low average density of surrounding residential projects, the
presence of shopping centers 2 1/2 miles to the north and 1 1/2 miles
to the south, and the lack of an east-west thoroughfare, this site
would be more suitable for office use as opposed to retail use.
Office use would also create fewer impacts on the adjacent P.U.D. and
the City park which lies to the north: therefore, it is recommended
that this parcel be placed in the office Commercial land use
category. It is also recommended that buffering measures be employed
in the development of this property, including vegetative screening
and directed lighting.
8.i. Unincorporated Parcels along Barwick Road
These two
should be
category.
or all of
parcels, abutting the southwest corner of Hunters' Run,
annexed and placed in a Low Density Residential land use
These parcels should not be annexed, however, unless most
the properties lying west of Barwick Road are annexed.
8.j. Vacant Parcels at Northern End of Boynton Commercenter
Deleted
PLANNING AREA 9--REMAINDER OF RESERVE ANNEXATION AREA AND UTILITY
SERVICE AREA
The Sanitary Sewer, Solid Waste, Drainage, and Potable Water Element
of this report recommends that densities in this area be limited to
the midpoint of the density range shown on the current (i.e., 1987)
Palm Beach County Land Use Plan, for parcels which are currently
zoned agricultural, and that the densities of existing approved
developments not be increased. For parcelS in the county's
Low-Medium Density land use category (3-5 dwellings per acre), which
comprises most of the agriculture-zoned land, the midpoint of the
density range would be 4 dwellings per acre. Those parcels along the
west side of Lawrence Road, north of Old Boynton Road which are in
the County's Medium-Medium High Density land use category (8-12
dwellings per acre) should be limited to 5 dwellings per acre,
however, in order to prevent land use conflicts with the surrounding
94
low-density projects. These land use controls are necessary to
ensure that water supply and treatment capacity will be adequate to
serve all development in the City's service area, and ensure that
sewage flows do not exceed the ultimate capacity of the regional
wastewater treatment plant. Lower densities (1 to 3 dwellings per
acre) may be necessary in some portions of the unincorporated area,
in order to accommodate and protect large-lot single-family
dwellings. Furthermore, the City should not permit densities which
are higher than those which are allowed by the Palm Beach County
Comprehensive Plan. The City should annex properties west of
Lawrence Road only if annexation would be consistent with Florida
Statutes, and the properties could be efficiently served. Palm Beach
County recently has been considering relinquishing to cities the
control of unincorporated areas in which cities provide urban
services. If these areas are to be annexed, as part of a county-wide
policy concerning annexation and the provision of urban services,
then the City of Boynton Beach should consider annexing those areas,
up to the E-3 Canal, which are in its Reserve Annexation Area,
except, possibly, those areas which are currently served by Palm
Beach County Utilities. The City should also consider annexing those
areas within the southwestern portion of its service area for which
the City provides utility services, but which are not in its reserve
annexation area.
In the interim, it is recommended, that water service agreements for
parcels within this area continue to include an annexation clause, so
that annexation applications can be reviewed on a case-by-case basis.
It is also recommended that the City not provide water service to
urban development, which should generally include all commercial,
industrial, and institutional use, and residential development over 1
dwelling per acre (net density), unless connection is also made to
the central sewer system. Any water service agreement for
residential densities at or below 1 unit per acre should contain
guarantees that this density cannot be increased without connection
to the central sewer system. Furthermore, the City should have the
option of requiring connection to the central sewer system at any
density if septic systems would risk contaminating groundwater or
surface water. Since septic tank pollution is a problem in this
,rea, the City should attempt to provide both water and sewer service
~o properties which are currently on well and septic tank, where such
properties can be served efficiently. The City should consider
placing these properties in a special assessment district, if
annexed, or make a similar arrangement with Palm Beach County until
the time that annexation occurs.
Since there is a strong possibility that all of the area east of the
E-3 Canal may be annexed by the City, the City should continue to
review land use and rezoning applications in this area, and provide
comments to Palm Beach County concerning land use compatibility,
impacts on infrastructure and environmental resources, and compliance
with the City's development standards and policies.t
95
ATTACHMENT "C"
Ordinances
.
,
ORDINANCE NO, 092-6~
!
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE LAWRENCE AND HYPOLUXO
COMMERCIAL CENTER APPLICATION (SE CORNER
OF HYPOLUXO ROAD AND LAWRENCE ROAD)
AMENDING ORDINANCE 89-38 OF SAID CITY BY
AMENDING THE FUTURE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND DESIGNATION IS
BEING CHANGED FROM COUNTY CL/8
(COMMERCIAL LOW/RESIDENTIAL 8) TO LOCAL
RETAIL COMMERCIAL; PROVIDING A SAVINGS
CLAUSE; PROVIDING REPEALING PROVISIONS;
PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
,
,
: Beach, Florida has adopted a Comprehensive Future Land Use
,I
.'
"
I: Plan and as part of said Plan a Future Land Use Element by
I
: ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS,
a certain parcel of
land more particularly
I
i: described hereinafter is being annexed in accordance with the
: application by Kieran J, Kilday/Kilday & Associates, agents
"
l:
, for Mar/Jame Limited, owners of the fOllowing property, into
,i
i the c~ty by Ordinance being adopted simultaneously herewith;
and
,
Ii WHEREAS, the procedure for amendment of a Future Land Use
"
:! Element of a Comprehensive Plan as set forth in Chapter 163,
jl
" Florida Statutes, has been followed; and
"
Ii
I, WHEREAS, after public hearing and study, the City
I
"
11 Commission deems it in the best interest of the inhabitants of
,
"
, said city to amend the aforesaid Element of the Comprehensive
I
I
,I Plan as adopted by the City herein,
,
!: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
:1
, THE CITY OF BOYNTON BEAC~, FLORIDA, THAT:
I
"
Section 1:
Ordinance No, 89-38 of the City is hereby
amended to reflect the following:
That the Future Land Use of the following described land
shall be designated as Local Retail Commercial, Said land is
more particularly described as follows:
The Nor~h half (N. 1/2) of the North half
(N, 1/2) of the Northwest quarter (N.W.
1/4) of the Northwest quarter (N.W, 1/4)
of Section 7, Township 45 south, Range 43
,
I
Ii
ORDINANCE NO, 0 9'A-.6~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PLANNING AREA 6. C OF THE
COMPREHENSIVE PLAN FUTURE LAND USE
ELEMENT IN CONNECTION WITH THE LAWRENCE
AND HYPOLUXO COMMERCIAL CENTER
APPLICATION; SAID TEXT AMENDMENT WILL
ALLOW COMMERCIAL LAND USE WITHIN A
PORTION OF PLANNING AREA 6.C; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY
FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE,
I WHEREAS, the City Commission of the City of Boynton
1
Beach, Florida has adopted a Comprehensive Plan and as part of
<I said Plan a Future Land Use Element by Ordinance 89-38 in
Ii
accordance with the Local Government comprehensive Planning
Ii
II Act; and
i'
I,
,I
WHEREAS,
Kieran J,
Kilday/Kilday & Associates,
Inc. ,
'I agents for Mar/ Jame Limited, owners of the subj ect property,
II have applied to amend that portion of the Comprehensive Plan
I,
i:
Ii Future Land Use Element entitled Land Use Problems and
I
opportunities, Planning Area No, 6, Area 6,c,; and
II
i WHEREAS, the procedure for amendment of the Comprehensive
Plan as set forth in Chapter 163, Florida Statutes, has been
followed; and
'I
I.
"
,I
,
WHEREAS, after public hearing and study, the City
Ii
Commission deems it in the best interest of the inhabitants of
!i
I sald City to amend the text of the aforesaid Element of the
'I
Ii Comprehensive Plan as adopted by the City herein,
NOW, THEREFORE, BE IT ORDAINEL BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The portion of the Comprehensive Plan Futlll'e
;:
:' Land Use Element entitled Land Use Problems and Opportunities,
Planning Area 6, Area 6,c, is hereby amended by adding the
underllned text and by deleting the words and figures in the
strike-through type as follows:
Unincorporated
Parcels
Adioininq
Northwest Corner of the citv (presentlv
unincorporated)
RECEIVED
JAN G \993
With the exception of the 8 acre parcel
'1'1
I
I
II
Hypoluxo Road which lie adjacent to all
I
of the above-mentioned parcels should
also be annexed,
Section 2: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3:
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or work
;!
,.
i be declared by a court of competent jurisdiction to be
i: invalid, such decision shall not affect the remainder of this
II
! Ordinance.
I
I
:1 ordinance,
I'
I
II
I,
II
I
il
!i
,
II
II
Section 4:
Authority is hereby granted to codify said
Section
5 :
This
Ordinance
shall
become
effective
immediately upon its final passage.
FIRST READING this /..5
day of
-Z;;"q? F/J?S€.R.
1992 .
SECOND,
FINAL READING and PASSAGE this
~-
day of
-
i V/9l\1tlfi~tf, 1993,
I:
i
i
CITY OF BOYNTON BEACH, FLORIDA
II
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II
i
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'0 AI, ~/
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, -<"<Me... -I / L- h.. ,/-I- L 1.... _
commission~/
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Ii
, ATTEST:
~~01c(-?<e~~
Ci Clerk
(Corporate Seal)
,,; !'AHT'TE:I OIHl
: :/:'.l/92
,
'i
ATTACHMENT "D"
Staff Report
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-241
TO:
Chairman and Members
Planning and Development Board
/II~
Michael W. Rumpf
Senior Planner
FROM:
DATE:
December 2, 1992
SUBJECT:
Lawrence and Hypoluxo
Annexation, Land Use
Amendment
Commercial Center - Requests for
Amendment, Rezoning, and Text
INTRODUCTION
Kieran J. Kilday, agent for MarlJame Limited, a Limited
Partnership, is proposing to annex into Boynton Beach a vacant,
8.22-acre parcel located at the southeast corner of Hypoluxo Road
and Lawrence Road (see attached location map). The current land
use and zoning on this parcel is CLI5 (Commercial Low) and CC
(Community Commercial), respectively. Included with the annexation
application is a request to amend the Future Land Use Map of the
Comprehensive Plan in order to change the designation on the
property to the equivalent classification within the City--Local
Retail Commercial--and rezone it from the County's zoning
designation to the City's C-3, Community Commercial District.
Lastly, a Comprehensive Plan Text amendment has been applied for,
which is required to delete that portion of the recommendation for
Planning Area 6.c which limits the subject area to residential use.
Pursuant to the City's Zoning Code (Appendix A, Section 9.C.2)
staff analysis of the proposed land use and zoning is not required
where rezoning is requested in conjunction with an application for
annexation and the rezoning would be consistent with the Palm Beach
County Comprehensive Plan. However, the following information and
brief analysis is provided for your information, and to fulfill the
requirements of Florida Law with respect to the submittal of land
use plan amendments to the Department of Community Affairs for
compliance review.
CURRENT LAND USE AND ZONING
The land use and zoning in the surrounding area varies and is
presented in the table that followings:
Direction Jurisdiction Zoninlt
North Palm Beach County N/A
Farther north/
northeast Palm Beach County PO
East/Southeast Boynton Beach PUD
South Palm Beach County AR
Land Use
Hypoluxo Road
Santaluces High School
Knollwood Groves
(agricultural)
Single family homes on
large lots, c omme r c i
nursery
West
Palm Beach County
N/A
Lawrence Road
Farther west
Palm Beach County
AR
Vacant
Northwest
Palm Beach County
RS/SE
Vacant
CONSISTENCY WITH THE PALM BEACH COUNTY COMPREHENSIVE PLAN
The land use requested, Local Retail Commercial, is equivalent to
Palm Beach County's CLI5 classification (Commercial Low with an
underlying designation of Residential 5). Corresponding with the
CLI5 land use classification, are the County's two lowest
intensity, commercial zoning districts.
Memo No. 92-241
-2-
December 2, 1992
CONSISTENCY WITH THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN
The Boynton Beach Comprehensive Plan, including support documents,
addresses annexation and land use plan amendments and specifically,
the conversion of land to commercial use. The following
Comprehensive Plan objectives, policies, and support document text,
which are included in their entirety in the attachments, addresses
the subject requests and are analyzed below:
Objective 1.17 - "Minimize nuisances, hazards, and other
adverse impacts. . . to residential environments by preventing or
minimizing hazards."; and
Policy 1.17.1 - "Discourage additional commercial... uses
beyond those...shown on the Future Land Use Map, except where
access is greatest and impacts on residential land uses are
least.".
Objective 1.l7 is general and therefore has multiple
interpretations. However, given the potential traffic impacts
anticipated at this intersection and, the recommendation within the
Future Land Use Support Document which favors the location of
commercial uses at intersections (see text below), Objective 1.l7
could be interpreted to mean that residential uses should be
excluded from such locations. With respect to Policy 1.17.1,
access is ideal at this location. Furthermore, since the homes to
the south are on large lots, and generally located within the
center of their respective lots, the impacts of the proposed use
upon the adjacent residential area should be minimal given the
distance between the uses, the ex i;ting natural vegetation, and the
buffer which will be constructed between the commercial and
residential properties.
Obiective 1.19 - "...allow a range of land uses for which the
area, location, and intensity of these uses provide a full
range of housing choices, commercial uses, employment
opportunities,...for both existing and projected
populations...";
Policy 1.19.5 -" . . . allow for commercial acreage which can
accommodate the approximate demand for commercial acreage
which has been projected in the Future Land Use Element."; and
Policy 1.19.6 -" . . . do not allow commercial acreage which is
greater than the demand which has been projected, unless it
can be demonstrated that a particular property is unsuitable
for other uses, or a geographic need exists that cannot be
fulfilled by existing commercially-zoned property,...and the
commercial use would comply with all other applicable
Comprehensive Plan policies.".
The Florida Department of Community Affairs referenced Objective
1.19 in their last objection to a land use plan amendment within
the City which involved the conversion of residential to commercial
land use. The rationale for this objection was the loss of housing
opportunities available to a population that has been projected by
the Comprehensive Plan. However, since the Plan was adopted, over
83 acres of land have been added to the supply of land available
for residential development, which will amount to approximately 400
dwelling units. Subsequent minor decreases in residentially-
classified land will have no negative impact on the quantity or
type of housing choices that the Plan had originally established.
wi th respect to Policy 1.19.6, which would supersede POlicy 1.19.5,
residential land use may not be appropriate given the proximity of
the subject property to Hypoluxo Road and Lawrence Road, and the
property's narrow configuration. In addition, a geographic need
may exist, as the property abuts a minor arterial road with a
current traffic count exceeding 26,000 trips per day, and operating
Memo No. 92-241
-3-
December 2, 1992
at level of service "C" (level of service "D" is reached at 30,200
trips). Furthermore, this land use is consistent with the Palm
Beach County Comprehensive Plan, and a site plan consisting of
commercial uses has been approved for a portion of this site by
Palm Beach County.
Future Land Use Support Document, page 40 - ".. . the City
should not change the land use to commercial categories,
beyond that which is shown on the proposed Future Land Use
Plan, except for minor boundary adiustments..."; and
Future Land Use Support Document, page 40 - "Commercial
development particularly should not be located where it would
adversely affect residentially-zoned property,..."
Future Land Use Support Document, page 40 - "The City should
continue its policy of encouraging commercial uses to be
located at intersections,..".
According to these excerpts from the Future Land Use Support
Document, the proposed land use is appropriate at this location.
In short, this addition of land available for commercial land uses
involves a minor adjustment to the City's boundary and, is located
at an intersection. with respect to residentially-zoned property,
as indicated above, there should be no adverse effects beyond which
are typically mitigated by proper site design and buffering.
PREVIOUS INFORMAL REVIEW BY CITY COMMISSION
Palm Beach County had originally classified the subject property
consistent with the City's residential land use designation. When
approached by the property owner to have Palm Beach County's Land
Use Plan amended to commercial, the County objected, based on the
City's land use designation.
The applicant then requested that the City consider the potential
for commercial land use on the subject property and communicate
same to Palm Beach County. On March 6, 1990 the City commission
informally considered the applicants request, agreed with the
applicant that commercial land use was more appropriate, and
instructed staff to inform the County that the City no longer
opposes commercial land use and zoning on the subject property (see
attached excerpt from minutes).
CURRENT SITE PLAN APPROVAL
In addition to the proposed land use being consistent with the
County's land use designation, the applicant has an approved site
plan (in Palm Beach County), which consists of two "sit down"
restaurants and a bank. The site plan was approved on August 31,
1992 and was issued a certificate of concurrency reservation which
reserves service capacity until April 22, 1993. As a condition of
site plan approval, the owner of the subject property is to
voluntarily annex into Boynton Beach.
COMPREHENSIVE PLAN TEXT AMENDMENT
A text amendment must accompany this amendment to the Future Land
Use Map in order to delete language within the Future Land Use
Support Document, Section 8. Problems and Opportunities, which
forms the basis for the residential land use classification on the
Future Land Use Plan. This portion of the Support Document was
adopted as part of the Comprehensive Plan by reference and, must
therefore be amended.
The recommendation for Planning Area 6.c currently reads as
follows:
Unincorporated Parcels Adioininjt Northwest Corner of the City (presentlv
unincorporated)
Memo No. 92-241
-4-
December 2, 1992
These parcels should be annexed and placed under the Low Density Residential land
use category, in order to ensure compatibility with existing and future
residential land uses in the vicinity. Annexation of these properties will
square off the City's boundary and will allow the City to control the use of
these parcels. Development of these parcels should be compatible with existing
low-density single family dwellings in this area. Therefore the 8-acre parcel
adjacent to Hypoluxo Road should be placed in the Low Density Residential
category and should be limited to two-story (25 feet) single family attached or
detached dwellings, or ACLF units. Commercial development of this corner is not
warranted, since an adequate number of commercial sites are located 1/2 mile to
the west, at Military Trail, and 1 mile to the east, at Congress Avenue
Development of the parcels which lie to the south of the above-mentioned parcel
should be limited to low-density Single-family detached dwellings, with a gross
density of not more than 3.5 units per acre. The rights-of-way for Lawrence Road
and Hypoluxo Road which lie adjacent to all of the above-mentioned parcels should
also be annexed.
The applicant requests that the recommendation for Planning Area
6.c be amended to read as follows:
Unincorporated Parcels Adioininlt Northwest Corner of the City (presently
unincorporated)
With the exception of the 8 acre parceladiacent to Hypoluxo Road, ~these parcels
should be annexed and placed under the Low Density Residential land use category,
in order to ensure compatibility with existing and future residential land uses
in the vicinity. Annexation of these properties will square off the City's
boundary and will allow the City to control the use of these parcels.
Development of these parcels should be compatible with existing low-density
single family dwellings in this area. TlIerefere However, the 8-acre parcel
adjacent to Hypoluxo Road should be placed in the 1.6" BeRait) Reailiehtial
e8te.g6Y~ aHa Bft6tlld he. limite.d t8 t1l8 stay) (25 fe.et) ab\gls. f8ftlily attashs.8. 8Y
lietaeheli li\lelHftga, er ",Cloy _its Local Retail Commercial land use category.
Commercial development of this corner is ~ warranted, siftee aft 8lie~Hate fttimher
sf eemmeyeial sitES aye leeatea 1/2 mils. t8 the west, at tfilitary Trail, aHa 1
mile 18 the east, at EefixyeaS ~.eRue because this parcel possesses a County
Commercial Low land use plan designation and because the narrow configuration of
the parcel would make residential development of the property very difficult.
Development of the parcels which lie to the south of the above-mentioned parcel
should be limited to low-density single-family detached dwellings, with a gross
density of not more than 3.5 units per acre. The rights-of-way for Lawrence Road
and Hypoluxo Road which lie adjacent to all of the above-mentioned parcels should
also be annexed.
RECOMMENDATION
The Planning and Zoning Department recommends that the applications
submitted by Kieran J. KildaylKilday & Associates be approved,
based 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 proposed land use amendment is consistent with Palm Beach
County's Comprehensive Plan;
4. The request for commercial land use is consistent with Policy
1.17.1 since access to the property is greatest, and impacts
upon residential land uses would be least;
5. The proposed land use amendment would not eliminate any
residential land necessary to accommodate the need which has
been projected by the Comprehensive Plan;
Memo No. 92-241
-5-
December 2, 1992
6. The subject property is unsuitable for its current land use
designation, and a geographic need may exist for commercial
land use at this location;
7. Palm Beach has approved a site plan for the subject property
for which service capacity has been reserved until April 22,
199tl'; and
:3
8. The City Commission, during a previous, informal review of
this proposed land use amendment determined that residential
land use was not appropriate at this location.
Attachments
A:LAHYPREP
LOCATION MAP
L-V\..It\' lVl'l lVlt\r
LAWRENCE AND HYPOLUXO
COMMERC\AL CENTER
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COMPREHENSIVE PLAN
OBJECTIVES AND POLICIES
(those with asterisk)
Policy 1.16.3
pOlicy 1.16.4
~Objective 1.17
~policy 1.17.1
Policy 1.17.2
pOlicy 1.17.3
the Future Land Use Plan, if all other
Comprehensive Plan policies and development
regulations are complied with, and the proposed
PUD is compatible with surrounding land uses.
Subsequent to Plan adoption, modify the land
development regulations to provide that the
maximum floorlarea ratio in non-residential land
use categories shall be limited by the maximum
lot coverage, the maximum height, and the
parking, landscaping, and stormwater retention
reqUirements contained in the City's Code of
Ordinances. However, in no case shall the lot
coverage exceed 50% in commercial, recreational,
and pUblic usage zoning districts, other than the
CBD zoning district, which shall not exceed 85%
and 60% in zoning districts which are included in
the Industrial land use category.
SUbsequent to Plan adoption, modify the land
development regulations to enforce and implement
the policies which regulate the use and
intensity, and other characteristics for the
development of specific areas, as set forth in
the Land Use Problems and Opportunities section
of the support documents for this element. Those
recommendations contained in the Land Use
Problems and Opportunities section shall apply,
regardless of the status of the city's
development regulations, and are hereby
incorporated by reference into the Goals,
Objectives, and Policies of this Plan.
Minimize nuisances, hazards, and other adverse
impact~ to the general public, to property
values,' and to residential environments by
preventing or minimizing land use conflicts.
Discourage additional commercial and industrial
uses beyond those which are currently shown on
the Future Land Use Map, except where access is
greatest and impacts on residential land uses are
least.
Adopt separate height and use districts in the
zoning regulations, in order to minimize land use
conflicts due to building heights.
Subsequent to Plan adoption, modify the land
development regulations to implement and enforce
the specific area policies contained in the Land
Use Problems and Opportunities section of the
support documents of this element, as t~ey
concern land use conflicts. Those
29
policy 1.18.2
~ Objective 1.19
policy 1.19.1
policy 1.19.2
pOlicy 1.19.3
pOlicy 1.19.4
*,policy 1.19.5
Transportation, unless alternative standards can
be justified. Review the performance of these
code provisions at least every five years.
subsequent to Plan adoption, provide for adequate
vehicle parking by continuing to require a number
of parking spaces in accordance with the City's
code of Ordinances, which shall ensure to the
extent which can be reasonably determined, that
adequate parking is provided on 95% of the days
throughout the year. Review the performance of
these code provisions at least every five years.
By June 1, 1990, allow a range of land uses for
which the area, location, and intensity of these
uses provide a full range of housing choices,
commercial uses, employment opportunities,
recreation and open space opportunities, and
public uses for both existing and projected
populations, provided that all other
comprehensive plan policies are complied with.
subsequent to Plan adoption, allow for a full
range of housing choices, by allowing densities
which can accommodate the approximate number and
type of dwellings for which the demand has been
projected in the Housing and Futur,e Land Use
Elements.
Subsequent to Plan adoption, allow for industrial
acreage which can accommodate the approximate
industrial employment which has been projected in
the Future Land Use Element.
In order ~o allow sufficient sites for large
manufactu~ing plants, support the designation, by
Palm Beach county, of future industrial land uses
in the vicinity of Boynton Beach Boulevard and
Florida's Turnpike, and consider allowing such
sites at the northeast corner of Old Boynton Road
and Congress Avenue, if approved as part of a
Development of Regional Impact or an Areawide
Development of Regional Impact.
subsequent to Plan adoption, modify the land
development regulations to encourage the
development of industrial land as industrial
parks or concentrated industrial areas in order
to maximize the linkage between complementary
industries.
subsequent to Plan adoption, modify the land
development regulations to allow for commercial
acreage which can accommodate the approximate
Jl
~POlicy 1.19.6
Policy 1.19.7
Policy 1.19.8
Policy 1.19.9
Policy 1.19.10
demand for commercial acreage which has been
projected in the Future Land Use Element.
Subsequent to Plan adoption, do not allow
commercial acreage which is greater than the
demand which has been projected, unless it can be
demonstrated that a particular property is
unsuitable for other uses, or a geographic need
exists which cannot be fulfilled by existing
commercially-zoned property, or no other suitable
property for a commercial use exists for which a
need can be demonstrated, and the commercial use
would comply with all other applicable
comprehensive plan pOlicies.
In areas where the demand for commercial uses
will not increase, particularly in the Coastal
Area, subsequent to Plan adoption change the land
use and zoning to permit only residential or
other non-commercial uses.
SUbsequent to Plan adoption, modify the land
development regulations to keep eXisting pUblic
schools which are in operation in the Public and
Private Governmental/ Institutional land use
category, and place future public schools in a
reasonable land use category which is agreed upon
by the City of Boynton Beach and the Palm Beach
County SchooL Board administration.
Subsequent to Plan adoption, modify the land
development regulations to place sites of 3 or
more acres which are occupied or are planned to
be occupied by government uses, utilities,
hospital~, places of worship, and private
schools,' in the public and Private
Governmental/Institutional land use category,
except where such uses are located in the CBO
zoning district or in planned zoning districts.
Subsequent to Plan adoption, modify the land
development regulations to place sites of 2 or
more acres which are occupied or planned to be
occupied by public parks and recreation
facilities, and private parks and recreation
facilities for residential projects, in the
Recreation land use category, except where such
uses are locaLed in the CBD zoning district or in
planned zoning districts.
Objective 1.20 By June I, 1990, or when mandated by state
statute, regulate subdivision of land by
continuing to require that the creation of more
32
FUTURE LAND USE SUPPORT DOCUMENT
EXCERPT FROM SECTION V.
LAND USE SUPPLY AND DEMAND,
AND LOCATION REQUIREMENTS
surplus commercial land which has been projected would be reduced to a
surplus of only i JQ acres by the Year 2010.
From the analysis above, it appears that the supply of commercial land il.
the Boynton Beach Market Area will match the demand for this type of land
use. The supply for commercial land compared to the demand ranges from a
surplus ranging from i JQ acres to !6i 1ia acres. In terms of percentage
of the total demand for commercial land, at build-out, these acreages
represent to a surplus of 8\ ~ to 28\ 23.9%. Although the 28\ 23.9%
figure would be considered excessive, it is likely that future increases
in real per capita income will eliminate virtually all of this surplus.
The Future Land Use Plan which is proposed for the city and areas to be
annexed by the city will accomodate all of anticipated demand for
:>commercial land through build-out. Therefore. the City should not change
the land use to commercial cate ories be ond that which is shown on the
ro osed Future Land Use Plan exce t for minor boundar a ustment ,
small in ill parcels. or commercial uses of a highly specialized nature,
which have special locational or site requirements, and therefore cannot
be easily accomodated on already designated commercial areas. Conversely,
the City should refrain from changing substantial areas of property from
commercial to non-commercial land use categories, beyond those changes
which are recommended elsewhere in the proposed Comprehensive Plan, unless
there are significant problems with land use compatibility or if roads
cannot be built to accomodate the commercial development.
Location of Commercial Land:
The existing pattern of commercial development was discussed under sectiol.
II of this element. To summarize that section, and also, section I of the
Coastal Management Element, the demand for commercial land is still
somewhat excessive along U.S. Highway 1, as evidenced by the amount of
vacant commercial property, the low quality of many of the current uses,
and the low rental rates. Therefore, the Coastal Management Element
includes a number of land use recommendations which would reduce the
amount of commercially-zoned land. The City's general policy with regard
to commercial development east of Interstate 9S should be to concentrate
office, retail, and hotel development in the central business district and
:;>along Boynton Beach Boulevard. Commercial development larticularlY should
not be located where it would adversely affect resident ally-zoned
property, or where it would create spot zones or strip development.
Commercial land uses west of Interstate 95 are dominated by the regional
mall, and its satellite stores and offices. Neighborhood shopping centers
and office bUildings are located in the vicinity of ost major
~intersections. The City should continue its policy of encouraging
~commercial uses to be located at intersections. and discouraging strip
commercial development, due to the aesthetic and traffic safety problems
that strip development creates. Furthermore, allowing additional
cOIl1Q\erclal land use in the vicinity of the Boynton Beach Mall would be
likely to cause traffic levels on roads in the vicinity to f'~ll below
established levels of service. Commercial development beyo that which
is shown on the proposed land use plan should be permitted only if the
40
City. or the applicant for development applies for a lower level of
service, by seeking to have properties in the vicinity approved as a
regional activity centr and an Areawide Development of Regional Impact.
41
INFORMAL REVIEW OF COMMERCIAL LAND USE
EXCERPT FROM MINUTES
OF MARCH 6, 1990
CITY COMMISSION MEETING
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 6. 1990
account and $l,OOO out of the school funding as well.
Commissioner Wische seconded the motion which carried 4-l.
Mayor Moore voted against the motion as he felt a dangerous
precedent was being established.
B. Proposed Program for Citywide Me1a1euca Tree Removal
As outlined in Charles Frederick, Director of Recreation &
Parks memorandum #90-097 to City Manager Miller, Mela1euca
trees will be removed from City properties. A notification
program will take place encouraging the public to remove
Me1a1euca trees on private property with the City picking up
the remains.
C. Newsletter
City Manager Miller explained the monthly cost to produce
the Newsletter is approximately $5,000. If it were produced
every other month the cost would be $30,000 per year. If it
were produced quarterly, the cost would be $20,000 per year.
Mr. Miller provided the Commission with a copy of "The
Oakleaf" which is a City Newsletter produced by the City of
Oakland Park. This was used as an example of producing a
Newsletter of a more informational nature. The contents
were reviewed.
commissioner Weiner didn't want to reduce the production of
the Newsletter and thought it should continue to be produced
monthly. The Commissioners approved of the City Manager's
recommendation as far as content was concerned. Discussion
took place regarding the frequency of production and cost.
commissioner Wische moved that the Newsletter be produced
quarterly along the guidelines Mr. Miller had recommended.
Mayor Moore passed the gavel and seconded the motion.
vice Mayor Olenik expressed concern that if the Newsletter
is produced quarterly, the residents would lose out on
current news-related items. The Vice Mayor asked the maker
of the motion if he would amend the motion to producing the
Newsletter on a bi-monthly basis. Commissioner Wische
declined to amend his motion. Ot~er remarks were made.
Vice Mayor Olenik called for a vote on the motion. The
motion carried 3-2. Vice Mayor Olenik and commissioner
Weiner voted against the motion. The gavel was returned to
Mayor Moore.
NEW BUSINESS
A. Items Requested by Mayor Gene Moore
~ 1. 8 Acre Tract - SE Corner of Lawrence Rd. & Hypo1uxo Rd.
28
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 6, 1990
Mayor Moore explained this property is located outside the
City. When Lawrence Rd. and Hypo1uxo Rd. are widened it
will be reduced to less than six acres. Although the County
thought the property should be commercial, in deference to
the City's Planning Dept. the County had zoned this property
low density residential which takes away the owner, Mark
Brandon's right to utilize the property. The Mayor thought
there was a question of individual hardship in this case.
He felt there was a serious legal question as to the City's
ability to stretch out into areas when they mayor may not
be within the annexation area and trying to control the
zoning before the property is annexed.
Tim Cannon, Interim Planning Director stated in order to
develop the property, the owner would have to tie onto the
City's water system, signing a Water Service Agreement.
This means he will have to annex.
The Mayor stated he didn't believe the only way the property
owner could find relief would be by coming into the City.
The Mayor thought the Planning Dept.'s policy was
established by Mr. Annunziato and was unfair. Mr. Cannon
remarked the Water Service Agreement states it is an annexa-
tion application. Discussion ensued.
Commissioner Wische moved to give this property owner relief
on the 8 acre tract. This would be by notifying the County
Planning Dept., as the City no longer interposes any objec-
tion to the County zoning it as they see fit. Commissioner
Artis seconded the motion.
Mr. Cannon repeated there would be a problem with the clause
in the Water Service Agreement Contract. The Mayor
responded the perso~wasn't asking for water service and to
wait until he does. 'Mr. Canno'n-'stated in order to get
zoning from urban use in the County the man would have to be
connected to a municipal or central water service system.
Mayor Moore responded that would be the property owner~
problem. Discussion took place on whether the property
owner wants to annex or not. Mr. Cannon no' ,-'l that applying
for annexation was the only way the man cou t water ser-
vice from the City.
Vice Mayor Olenik stated in the future, when the owner
wishes to develop this property, he would have to come back
to the City for a Water Servico ~greement. At that point he
Imu1d have to apply for annexation, if he is contiguous.
The Vice Mayor asked if the City feels a commercial e on
this corner is not appropriate. Mr. Cannon responded that
~L' was the way the City and County had adopted thei r Land Use
Plans. Mr. Miller thought it would be impractical for the
property to be anything other than commercial.
29
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 6, 1990
Mr. Cannon asked the Commission to clarify what their
annexation policy was going to be relative to water service.
Vice Mayor Olenik remarked that when the owner applies for
water, the covenants of the agreement would win out and he
would have to annex into the City. The Mayor added he
should probably be zoned commercial by the County and not
low density residential. Mr. Cannon stated up until this
point the Commission's policy has been that they wanted to
have land use and zoning control for properties contiguous
to the City. There was agreement that the property should
be zoned commercial.
The Mayor called for a vote on the motion to grant relief to
the property owner and to contact the County indicating the
~ City no longer interposed objection to it being zoned as the
~ County saw fit. The City felt it should be commercial. The
vote was 4-1. Commissioner Weiner voted against the motion.
Maurice Rosenstock, 1 Villa Lane, Boynton Beach referred to
increasing the boundaries of the City and increasing the tax
base. Discussion took place relative to providing water to
the property at a later date and annexation.
2. Set meeting date to accept election results
On Wednesday, March l4, 1990 at 5:00 P.M. the Commission
will meet to accept the election results. If a runoff elec-
tion is required, a second special meeting would have to be
set. City Manager Miller was asked to send out the notice
on this.
3. 1990 Fourth of July program
Mayor Moore thought there should be a combined effort bet-
ween the Cities affected in order to save money. Several
alternatives had been set forth in Charles Frederick,
Director of Recreation & Parks' memorandum '90-l00 to the
City Manager. The Mayor thought the other Cities should be
contacted (as in recommendation "A" of the memo), to deter-
mine if they wish to cooperate. Comments wern made about
possibly getting a barge for ~, ,000.
The next time this topic com!
interested in obtaining info'
attend the daytime segment c
sideration should be given 0
daytime program.
4. Boynton Beach city Commission Mission Statement
'p, the Vice Mayor was
cion on how many people
he festivities. as con-
'ther or not to CO" inue the
Mayor Moore had put together a Mission Statp~ent for con-
sideration and input by the Commission.
30
ATTACHMENT "E"
Map of Adjacent Land Use Designations
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SUBJECT PROPERTY
PRIOR LAND USE DESIGNATION:
CL/S COMMERCIAL LOW
(PALM BEACH COUNTY)
NEW LAND USE DESIGNATION: ~
LOCAL RETAIL COMMERCIAL
(CITY OF BOYNTON BEACH).. ~
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PLANN"'C OE?r;
- /
ATTACHMENT "F"
Analysis on the Availability of Facilities
Sample Of Letter Provided To Reviewers
Determining Availability of Facilities
MEMORANDUM
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TO:
Pete Mazzella,
Utilities Department
pl6l,e
FROM:
Michael W. Rumpf
Senior Planner
DATE:
November 24, 1992
SUBJECT: Lawrence and Hypo1uxo Commercial Center -
Analysis on the Availability of utilities
This office is processing a land use amendment for the above-
referenced project. The existing and proposed land use is
consistent with the Palm Beach county Comprehensive Plan; however,
the City's Future Land Use Plan is to be changed from Low Density
Residential to Local Retail Commercial once this property is
annexed.
I respectively request a statement in writing, which verifies that
there are water and sewer services available to serve commercial
land use on this 8.22-acre site, assuming the site is developed at
its maximum potential under the City's Local Retail Commercial land
use classification and C-3 (Community Commercial) zoning district
(see attached location map). Although a site plan has been
approved at this location, and has been certified for concurrency
in Palm Beach County, the site plan pertains to only one-half of
the property. In order to analyze the potential impacts generated
once the entire site is developed, the following likely, maximum
development scenario is assumed:
Gas Station/Convenience store........ ...... ....2,742 sq.ft.
Bank (drive thru access, 4 teller windows).....3,200 sq.ft.
Restaurant (sit down, 242 seats).. ........... ..5,792 sq.ft.
Retail shops................................. .25,000 sq.ft.
Restaurant (sit down with 84 seats).. ........ ..3,000 sq.ft.
Given this property's concurrency reservation status, and the above
assumptions, please provide me with a statement regarding the
ability to provide this property with water and sewer services. If
you have any questions, please call me. Thank you.
Attachment
A:LHTPU'T%I..ITY
DRAINAGE
~'88
Board of SupeMlOI'Ii
C. SllII1Ioy we_
Kermit Dell
John I. WhItworth In
_IM""-
William G. Win_
AII......Managet
Richard S. Wheellhan
Anomey
Perry & 5cnone. P .A.
LAKE WORTH DRAINAGE DISTRICT
13081 MILITARY TRAIL
DELRAY BEACH. FLORIDA 33484
December 2, 1992
Mr. Michael W. Rumpf, Senior Planner
City of Boynton Beach, Planning & Zoning Department
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Rumpf:
Subject:
Lawrence and Hypoluxo Commercial Center - Availability of
Drainage Facilities Analysis
Per your letter of November 24, 1992, the right-of-way exists. The canal was piped
by Palm Beach County with widening of Hypoluxo Road and is to be maintained as
part of the road system. The open canal begins at the east property line of the
referenced parcel.
If you have any questions, please feel free to call.
Sincerely,
~
-DAAINAGE DISTRICT
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Bovn:an 8eacr & Wes: Palm Beacn 737-3835 . FAX (407) 495.9694
ROADS/TRAFFIC
Board of County Commissioners
\.1ary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineerin!
and Public Works
January 5, 1993
Mr. Michael Rumpf
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: LAWRENCE AND HYPOLUXO COMMERCIAL CENTER
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has received the traffic impact "summary"
for the project entitled Lawrence and HVDoluxo Commercial Center. The report
addresses the two phase development of an 8.2 acre parcel. The first phase is
proposed to cDnsists of a 3,000 square foot fast food restaurant, a 5,792 square
foot high-turnover restaurant and a 3,200 square foot drive-through bank. This
phase was approved by Palm Beach County for concurrency in April 1992 with a
3,000 square foot sit-down restaurant instead of the 3,000 square foot fast food
restaurant. The report quantifies the trips generated by a possible second phase
consisting of 25,000 square feet of retail and a gas station with a 1,950 square
foot convenience store and a car wash. When a specific plan of development is
proposed for the second phase, it will have to address the requirements of the
Traffic Performance Standards.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~J+~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
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Rob Rennebaum, P.E., Simmons & White
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"An Equal Opportunity, Affirmative Action Employer"
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nO': :12:(~ \\'\''-t P.11m I1l'.lCI1. Florida 33416-1229 (407) 61H-4000
SOLID WASTE
SOLID WASTE AUTHORITY
OF PALM BEACH COLi'\1Y
7501 :':orth Jog Road
We.' Palm Beach. flOrida 33412
Telephone (407) 640-4000
December 9, 1992
Mr. Michael W. Rumph
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach. FL 33425-03l0
Re: Lawrence and Hypoluxo Commercial Center
Availability of Solid Waste Facilities Analysis
Dear Mr. Rumph:
The Solid Waste Authority has reviewed the City of Boynton Beach Land Use
Amendment for the Lawrence and Hypoluxo Commercial Center. Based on the
information supplied to this office and subsequent conversations relating to this
matter. it is staff's understanding that this land use amendment is in fact part
of an annexation process that will provide for consistent, county to city, land
usage designations.
Because this land use change does not result in any greater density or more
intense land use than currently provided for in the Palm Beach County
Comprehensive Plan, the Authority does not object to this land use amendment, and
assurance of capacity equivalent to that of other parcels accommodated in the
Authority's plan.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
~~~
Marc C, Bruner, Ph.D.
Director of Planning and Environmental Programs
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OEe. /11992
MEMORANDUM
UTILITIES DEPT. NO. 92 -
446
TO:
FROM:
Michael Rumpf, Senior planner
John A. Guidry, utilities Director
DATE:
November 30, 1992
SUBJECT:
Lawrence and Hypoluxo Commercial Center
(a.k.a. MarlJame Ltd. property)
Based upon the information you have provided (see attachment), we
estimate that this property will utilize approximately l8, 212
aallons per day in water and wastewater capacity. This department
currenty has sufficient reserve, uncommitted capacity to meet this
need if the parcel is approved for development.
The owner of the parcel paid a reservation fee of $ 5,278.29 on
April 9, 1992 to reserve 14,700 gallons per day of capacity for a
period of one year. In order to reserve the capacity required for
the entire site, an additional $ 1,261 in reservation fees must be
paid. This payment would be due at the time of concurrency
approval, or site plan approval, whichever occurs first.
In addition, the developer would have to extend a 12 inch diameter
water main from Lawrence Road to his east property line. Credits
towards the water capital facilities charges may be earned if the
line is larger than that required for the on-site needs. The
developer will also have to construct an on-site sewage lift
station and piping to City standards. We do not anticipate any
credits being given for the sewer system.
We trust this information is sufficient for your needs.
have any additional questions, please refer them to Peter
of this office.
I f you
Mazzella
Attachment
JAG/PVM/rd
bc: Peter Mazzella (w/attachment)
xc: Chris Cutro
Mike Kazunas
File (w/attachment)
, "!"i~
Board of County Commissioners
Mary Mc'Carty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A, Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
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Department of Planning, Zoning &: Building
February 9, 1993
Mr. Terry Hess, A.I.C.P.
Planning Coordinator
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Blvd.
P.O. Box 1529
Palm City, Florida 34990
Subject: Adopted Amendments to the City of Boynton Beach
Comprehensive Plan: DCA Reference '93S-1
Dear Mr. Hess:
Palm Beach County has reviewed the above referenced subject in the
context of the relationships and impacts of the plan amendments on
the County's Comprehensive Plan. Our comments are as follows:
The City of Boynton Beach proposes to change the future land use
map (FLUM) designation of an 8.22 acre property located at the
southeast corner of the intersection of Hypoluxo Road and Lawrence
Road to Local Retail Commercial.
The subject property was designated Medium Residential 5 (MR-5) at
the time the County's Comprehensive Plan was adopted. In 1991, the
Palm Beach County Board of County Commissioners adopted an
amendment to the county's FLUM changing the designation of the
property to Commercial Low-Intensity with an underlying Medium
Residential 5 designation (CL/5). A copy of the County's Staff
Report for the FLUM amendment is attached.
On December 15, 1992, the property was annexed into the city of
Boynton Beach. The City now proposes to amend their FLUM so that
it reflects the designation that is equivalent to the County's CL/5
designation.
The County has previously reviewed and raised no objections to the
annexation request (see attached December 23, 1992 letter) and the
Planning Division finds that the adopted small-scale FLUM amendment
is consistent with the intent of Objective 1 (Annexation) of the
Intergovernmental Coordination Element and its implementation
policies.
1
RECEivED
FEB 1 6 1993
"An Equal Opportunity - Affirmative Action Employerll
@ IJIIllrNJ on lecycled paper
800 13th Street West Palm Beach, Florida 33406 (407) 233,5300
Please call Earl R. Hahn of my staff at (407) 233-5327, SUNCOM 274-
5327 if you have any questions.
Cordially,
~~WM,~, /
Denni~ R. ~Ol~~~.I'S'~r
PlannJ.ng DJ.rector' ( I
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Chris Cutro, Planning Director, Boynton Beach vi
Orran L. Hudson, A.I.C.P., Principal Planner
Earl R. Hahn, senior Planner
File = E:\WPDATA\SHARE\INTERGOV\BOYNT_S.931
2
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87 COlli 1
BCC TRANSMITTAL COPY
1991 SITE SPECIFIC AMENDMENT REQUEST TO THE
1989 PALM BEACH COUNTY COMPREHENSIVE PLAN
STAPF REPOR'r
APPLICATION NUMBER:
900905/87COM1
OWNER:
Marc & Laura Brandon
AGENT:
staff Initiated
=================================--==============================
REQUEST:
From MR-5 to CL/5
GENERAL LOCATION:
Southeast corner of Hvoo1uxo Rd. & Lawrence
.
Road
-----------------------
----------------------
-----
BOOST,W! o'VH~~lnl
;;:,;;;,;:;,;;:::::;::-,:;,I~<<IJt'~M4.r:e};::;:
Aooroval of the aoo1icant's reauest.
The motion was carried 6-0.
PREVIOUS BCC ACTION:
None
LUAB RECOMMENDATION AND VOTE: APPROVAL of aoo1icant's reauest.
The motion was carried unanimouslv.
STAFF RECOMMENDATION:
APPROVAL of the aoolicant's reauest.
=================================---========-~=======-~
-=
I. SUMMARY OF FINDINGS AND RECOMMENDATION:
The Board of county commissioners recommend APPROVAL of the
request for the following reasons:
1. The existina land use was assianed at the reauest of the
city of Boynton Beach. and the current amendment has also
been initiated at the City's reauest. The nronerty is
within the citv's future annexation area. and Obiective
1
..-
87 Com 1
BCC TRANSMITTAL COPY
4 of the Interaovernmental Element of the Plan reauires
coordination whenever possible. Obiective 4 states. in
part: "Palm Beach County shall utilize mechanisms to
coordinate Dlannina efforts with the Dlans of school
boards.
other
units
of
local
aovernaents...in
coordinatina with other aovernmental entities the County
shall address comDatibilitv of land uses..."
2. The reauested amendment is compatible with surroundina
land uses. which include Santaluceus Hiah School to the
north and an existina citrus arove to the east. The
reauest is also recommended as the preferred desianation
for the propertv aiven its confiauration (290' depth and
1220' frontaae a10na Hvpoluxo Road). which would make a
residential development of the prooertv verY difficult.
3. The propertv is located at the intersection of a
collector road and a maior arterial: aiven that the
intersectional property is located on a maior arterial.
the Dronerty is not anDrODriate for residential
development.
A commercial use is 8cDroQriate at this
site.
4. The site was also evaluated for consistency with the
"Criteria for Determinina commercial sub-cateaories". and
found to be consistent with criterion 4. which states. in
part: "If a DroDen, is conticruous on two or more sides
2
"
~~~,'
87 Com 1
BCC TRANSMITTAL COPY
to . residenti.l desian.tion less th.n five dvellina
units Der .cre. or develoDment built .t densities less
th.n five dvellina units Der .cre: then. CL sub-c.te<:lorv
sh.ll be .ssianed." The DrODertv is contiauous on two
sides to DrODerties built at densities of less than five
dwellina units Der acre: therefore. this Criterion
apD1ies. In addition. a CL desianation would be reauired
bv policv i-h. which states in Dart: "The residenti.l.
commerci.l .nd industri.l c.teaories .nd .ssooi.ted
densi ties .nd intensities. . . sh.l.l. ensure th.t densi tv .nd
intensitv .ssiQ'JllDents do not exceed the n.tur.l or
m.na.de constr.ints of .n .re...... The citv of Bovnton
Beach and the Palm Beach County Public Health Unit have
reDorted that the city has a limited caDacitv within its
Dotable water system (see be10wl.
The City could not
serve a commercial develoDment of an intensity areater
than CL at this location.
II. DESCRIPTION OF SUBJECT PROPERTY:
Size (Acres):
specific Location:
Existing Zoning:
Existing Land Use:
8.26 ac.
00-43-45-07-00-000-3020
Aaricultural Residential
Medium Residential 5 (du/ac.\
x
Yes
Yes
x
Urban Service Area:
Limited Urban Service Area:
No
No
3
a~i:i
87 COlli 1
BCC TRANSMITTAL COPY
=================================================================
III. SURROUNDING LAND USES AND COMPATIBILITY: Refer to exhibits.
North:
Zonina: PO
Land Use Desianation: rNST
Existina land use: Santaluceu& Hiah School
East:
Zonina: AG
Land Use Desianation: PUD
Existina land use: "Knollwood Groves" PUD - within
the citv of Bovnton Beach-Land is currently ill
citrus oroduction.
South:
Zonina: AR
Land Use Desianation: KR5
Existina land use: VerY low densitv residential
West:
Zonina: AR
Land Use Desianation: MR5
Existina land use: Low densitv residential and
landscabe nurseries
Compatibility: The site is located at the intersection of a
collector and a ma;or arterial and has residential
densities of 5 du/ac on two sides. The confiauration of
the site (300' frontaae on Lawrence Road and 1220'
frontaae on HV"Ooluxo Roadl would make a residential
deve100ment on the site verY difficult. The desirability
of the location as a residential area will be further
reduced bY the frontaae on the ma;or arterial.
--=--============- -- -
4
".,','
87 Com 1
Bee TRANSMITTAL COpy
IV. REVIEW AGENCIES' RESPONSES.
(a) Traffic Considerations:
DeveloDed at MR-5. the ArYr would" be eXDected to be 410
trios/dav if the maximum number of lots was oossible: at CL.
the triD aeneration rate would oroduce 5.380 triDs/dav at a
.35 FAR. Traffic Enaineerina advises. in an uDdated reDOrt
received Dursuant to the LUAB review of the amendment reauest.
that the DroDosal is consistent with Policy 1-1 of the Land
Use Element. which states. in Dart: "...~h. COUD~V sha11 Bot
aoorove any chanae to the Land Use Plan MaD w\!-ich would result
in an increase in densitv or intensity adiacent to a roadway
...that is not Droiected to be oDeratina at ~he adooted level
ot service bY 2010.....
(b) Water/Sewer Availability:
(1) Proposed Method of Service:
septic Tank
Well
Sewer Line x
Water Line x
(2) Sewer/Water Utility Provider:Citv of Bovnton Beach
(3) Proximity to Sewer/Water Lines: Water caDacitv is
not available from the city to serve this Droiect.
(4) Staff comments:
Both the city and PHU have
advised us that water caDacitv is not available.
Aoolicant has listed Knollwood Groves POD as an
alternative SUDDlier of sewer service: however. PHU
5
....,
.,~
87 eo. 1
Bee TRANSMITTAL COPY
advises that Knollwood Groves is not a service Drovider.
(c) Environmental/Wellfield Considerations:
(1) Sensitive environmental features: None
(2)
Within
No
Yes
Well field Zone:
X
Zone: 1
2
3
(3) Staff comments: ERM does not opDose the amendment
(d) Drainage/Flood Zone:
(1) Drainage or improvement district: Lake Worth
Drainaae District
(2) Flood Zone: B
(3) staff comments: Positive outfall is available:
Enaineerina-Land DeveloDment Division SUDDOrtS the
amendment
(e) Fire-Rescue/Emergency Medical Service:
(1) Nearest existing facility: '43
(2) Staff comments: none
(f) Housing:
none
(g) Libraries:
Recommends the amendment
(h) Parks' Recreation:
No imDAct on LOS for Darks
6
~,
'<0
87 Co. 1
BCC TRANSMITTAL COpy
(i) Solid Waste:
This aqencv stated that they cannot determine impact
from the information provided
(j) Sheriff's Department:
Foresees no problem with the reauested amendment.
(k) School Board:
Neither supports nor oPPoses.
(f) Municipalities:
city of Boynton Beach: Supports the amendment
PKjOLHj87COMl
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VICINITY
MAP
NATURE OF REQUEST
FROM:I1'.eS TO: ,A"k.
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Buard 'of County Conllnissioners
Mary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A, Roberts
Warren H, Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
Department of Planning. Zoning & Buildin
December 23, 1992
Mr. Chris Cutro
Planning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, FL 33425
Re: The Proposed Annexation of the Lawrence and Hypoluxo
Commercial Center
Dear Mr. Cutro:
The Planning, Zoning and Building Department has coordinated the
review of the proposed annexation of the Lawrence and Hypoluxo
Commercial Center (approximately 8.22 acres) located south of
Hypoluxo Road just east of Lawrence Road. county staff comments
are as follows:
l. Planninq Division: John Pancoast, Senior Planner
The area to be annexed is substantially contiguous to the
City's boundaries and is located within the city's future
annexation area. Furthermore, this annexation will further
reduce an existing pocket. This annexation is consistent with
Chapter 171, F.S. and Palm Beach County's Interim Annexation
Policy.
The subject property was the subject of a recent land use
amendment and rezoning to community commercial. One of the
conditions of the rezoning is that the property seek
annexation.
2. Zoninq Division: Beth Blackmur, Planner
No Comment.
"An Equal Opportunity - Affirmative Action Employer"
@ pfintfld on ffK:yCltld P"ptlf
BOO 131" Street West Palm Beach, Florida 33406 (407) 233-5300
.
Boynton Beach Annexation
l2/23/92
Chris Cutro
Page 2
3. Traffic Enqineerinq Division: Allan Ennis, Traffic Engineer
Palm ~each County Traffic Engineering Division requests that
t~e C1ty of Boynton Beach ensure that the applicant complies
~1th the condition to dedicate right-of-way for an expanded
1ntersection at Hypoluxo Road and Lawrence Road.
4. Environmental Resources Manaqement: Bob Kraus, Environmental
Analyst
No comment.
5. Fire-Rescue: Kathy owens, Special Projects Coordinator
Palm Beach County Fire-Rescue does not object to this proposed
annexation. It is in keeping with efforts to clean up county
pockets and residents will receive comparable response times
from Boynton Beach.
6. Sheriff's Det>artment: Diane Newcomer, Criminal Justice Planner
Palm Beach County Sheriff's Office has reviewed this proposal
and feels there will not be an adverse impact to law
enforcement services is the unincorporated parcel, contiguous
to the south of the proposal, were to remain vacant or be
absorbed by the City of Boynton Beach. However, should this
parcel be developed yet remain unincorporated, we can
anticipate problems in the course of service delivery as this
would be a mixed services area.
7. Water utilities Department: Carl C. Lingard, P.E. Chief
Engineer
No comment.
8. financial Manaqement and Budqet Department: Richard Roberts,
Assistant Director
The proposeli annexation results in the loss of ad valorem
taxes of $2,747.22 as the above municipality does not
participate in the fire-rescue MSTU and the Library Taxing
District. In addition, certain revenue, i.e. utility service
tax, franchise fees, sales tax and state shared revenues may
be marginally reduced but cannot be estimated from the
available information.
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Boynton Beach Annexation
12/23/92
Chris Cutro
Page 3
Thank you for the opportunity .to review and respond to these
actions. Please be advised that the comments represent staff
analysis and not the position of the Board of County Commissioners.
Please include these comments with your backup materials for all
meetings and hearings where this annexation is discussed.
S(I;!\"elY,
De~M\,~z, AiCP-~-
Planning Di~ctor ICP~
Attachment: Location Map
pc: Board of County Commissioners
Bevin Beaudet, County Administration
Bob Banks, County Attorney's Office
Beth Blackmur, Zoning Division
Kris Kern, Planning, Zoning and Building
Bob Kraus, ERM
Kathy Owens, Fire-Rescue
Diana Newcomer, Sheriff's Department
Allan Ennis, Traffic Engineering Division
Linda Hammond, Water utilities
Richard Roberts, OFMB
Tim Granowitz, Parks and Recreation Department
Iva Barnett, County Administration
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LAWR....NCE AND H #pOLUXO
COMMERCIAL CENTER
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TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Council Members
AGENDA ITEM 5Bl
From:
staff
Date: February 19, 1993 Council Meetinq
Subject: Local Government Comprehensive Plan Review -
Adopted Amendments to the City of Boynton Beach
comprehensive Plan; DCA Reference #93S1
Introduction-
Pursuant to the Treasure Coast Reqiona1 Planning Council's
contract with the State Department of Community Affairs
(DCA), the Council must review Comprehens~ve PI~~ Amendments
after their adoption. The City of Boynton Beach has
submitted adopted amendments to the DCA, which in turn is
seeking Council's comments.
council's review of the information provided by the DCA is
to focus on the consistency of the adopted amendments with
the Regional Comprehensive Policy Plan (RCPP) developed
pursuant to section 186.507, Florida Statutes. A written
report containing a determination of consistency with the
Regional Plan is to be provided to the DCA within 30
calendar days of receipt of the plan, elements or
amendments.
Backaround
The City of Boynton Beach has adopted one Future Land Use
amendment and related text amendments under the 1992
revisions. to Chapter 163, F. S. , which provide the
authorization for an expedited review and adoption process
for small scale amendments. This will be Council's only
opportunity to review and make recommendations on these
amendments, which were adopted by the City on January 5,
1993.
Evaluation
Local Planning perspective
The subject parcel proposed for a Future Land Use Map
amendment is 8.2 acres in size and is located at the
southeast corner of Hypo1uxo and Lawrence Roads. The site
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is presently vacant. Part of the site has been used as a
plant nursery in the past. The landowner has requested
annexation into the city. The property is contiguous to the
City, and within the city's Reserve Annexation Area.
The present land use designation by the County is CL{5 (Low
Density Commercial with an underlying residential density of
five dwelling units per acre). The proposed City land use
designation is Local Retail Commercial, which is considered
comparable to the County designation. The County has
previously approved a si te plan called the Lawrence and
Hypoluxo Commercial Center for part of this site (on August
31, 1992), with two restaurants and a bank. A condition of
the site plan approval was that the city annex the property.
The City has agreed to annex the property and considers the
proposed use to be appropriate and compatible.
Existing land uses on adjacent parcels include a high school
across Hypoluxo Road to the north, citrus groves to the
east, large lot residential and a commercial nursery to the
south, and vacant lands across Lawrence Road to the west.
Future land use designations include low.or medium~density
residential to the east, west, south, ana Institutional to
the north.
:
The City has quoted a number of City Comprehensive Plan
objectives and pOlicies with which the proposed amendment is
consistent, including those dealing with the compatibility
between different land uses, the location of and need for
commercial uses, the desirability of a full range of land
uses, the expansion of commercial uses into new areas based
on geographic needs, suitability, and location at major
intersections. Sewer and water lines are available in the
area. The developer will have the responsibility to make
appropriate connections. Service capacity has been reserved
for development of this property.
The City has also made text amendments in relation to this
amendment. The only significant change is a revision to the
recommendations for planning area 6(c.) to make this parcel
an exception to the strategy of assigning a low density
residential designation to annexed parcels in the northwest
portion of the City.
ConSistency/Compatibility with
Adjoining Local Governments
The County approved a site plan on this property. with the
condition that the property be annexed into the City. Both
the County and the City have agreed that commercial land use
is appropriate for this parcel.
Plans
of
Adjacent
or
2
Regional Planning Perspective
The proposed amendments should not have any significant
impacts on regional resources and facilities. The City will
face a number of problems in conjunction with development of
this property. One of the most serious will be providing
for enhanced and safe pedestrian facilities for students who
will be crossing Hypo1uxo Road from Santa1uces High School
to the commercial/retail establishments to be located on the
amendment parcel. Multiple entrance-exit locations for
vehicles may complicate the pedestrian safety situation.
The Lawrence Road access will be potentially troublesome, as
northbound traffic backed up on Lawrence Road may block
turning movements. The total lack of a street grid in the
area will further complicate access. The City, County, and
school Board should come to a cooperative agreement on how
to best handle the pedestrian traffic which may be crossing
Hypoluxo Road. Also, according to a letter from the Palm
Beach County MPO (see attached), the amendment should be
conditioned on another review of traffic volumes prior to
approval of subsequent phases of the development of .this
property.
--
.~ ,T
Conclusion
The adopted amendments appear to be CONSISTENT with the
goals and pOlicies contained in the RCPP.
Recommendation
Council should adopt the comments and recommendations
outlined above and approve their transmittal to the State
Department of Community Affairs in fulfillment of the
requirements of the 1992-93 contract with the Department of
Community Affairs.
Attachments
3
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MAP 1
GENERAL LOCATION
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LOCAL AREA
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MAP 3
AREA ZONING
6
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
'00 ^"",,',," ^""~ '"''' '" w.""" &,," "". 'I ~ "'.""? ~~
January 28, 1993 fEB 0 1 i993 _W
~
Mr. Terry L. Hess, Planning Coordinator
Treasure Coast Regional Planning council
Post Office Box 1529
Palm city, Florida 34990-1529
Subject: city of Boynton Beach Comprehensive Plan - Adopted
AIIIen&Dent; DCA Reference '93S1 (presUllled)
TREAsURE C'~" .
PLANNING 'c:> ,. ""
. j',
,',c..
Dear Mr. Hess:
" I
-"
This letter is in response to your request for comments to the
above proposal. The proposed action, annexation and change of land
use designation for a 8.2 acre parcel, does not present a problem
since the proposed land use classification is equivalent to the
existing classification.
The first phase of the proposed two phase development of the parcel
has already undergone concurrency review including traffic impacts.
However, approval of this amendment must specify that the second
phase of development remains subject to review as it relates to
impacts on traffic volumes.
Thank you for the opportunity to comment. Don't hesitate to call
if I can be of further assistance.
Sincerely, ,." ~
e~~~-:' )
Director
RMW:fdea
7
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r'LHNNING P;::...B
TEL:4U,-L33-5365
Feo lU,Si3
11 :5':: NO ,OlU F .l'_
Board of cOunty Commiulonen
Mary McCarty, Chair
Ken L. Foster, VIceOWrman
K.aren T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Admlnllltrator
Robert Weisman
Department ofPlannlng, ZOn1ns.. BuUcIIng
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February 9, 1993
Mr. Terry Hess, A.I.C.P.
Planning Coordinator
Treasure Coast Regional Planning council
3228 S.W. Martin Downs Blvd.
P.O. Box 1529
Palm City, Florida 34990
.
8u!ljectl
A40pte4 Mlencllluta to tile City, of 801'Bton .e.oll
Coaprellenaive .1ul DCA "ferenoe fUI-l' 1 ~:
Dear Mr. Heas:
Palm Beach County halil reviewed the above reterenced su!lject in the
context of the relationships and impacts of the plan aaandllent. on
the County's Comprehensive Plan. Our comments are as follows:
The city of Boynton Beach proposes to change the future land use
map (FLUM) designation of an 8.22 acre property located at the
southeast corner of the intersection of Hypoluxo Road and Lawrence
Road to Local Retail Commercial.
The subject property was designated Medium Residential 5 (MR-5) at
the time the County's Comprehensive Plan was adopted. In 1991, the
Palm Beach County Board of county commissioners adopted an
amendment to the county's FLUM changing the designation ot the
property to Commercial Low-Intensity with an underlying Medium
ResidentialS designation (CL(S). A copy of the county's Staft
Report: for the FLUM amendment is attached.
On December 15, 1992, the property was annexed into the City of
Boynton Beach. The city now propo.e. to amend their FLUM so that
it reflects the designation that is equivalent to the County's CL/S
designation.
The County has previously reviewed and raised no Objections to the
annexation request (see attached December 23, 1992 letter) and the
Planning Division finds that the adopted small-scale PLUM amendment
is consistent with the intent of Objective 1 (Annexation) of the
Intergovernmental Coordination Element and its implementation
policies.
'~:'"';...:-.."}~,,:.. .'. '",;'.:\' ".
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. An Equal Opportunity. 'Affirmative Adlon Employer"
. .... " .....".- ,."...,...... ...."...
~LHNNING ~~...B
TEL:4Ur-233-5365
Fee 10,93
11 : 5;; No. (I ll' F. (I ;;
-
Please call Earl R. Hahn of my staff at (407) 233-5327, SONCOM 274-
5327 if you have any questions.
Cordially,
oennia R. Polta, .I~
Planninq Director ..~
~
p.c.
Chria CUtro, Planninq Director, Boynton Beach
Orran L. Hudson, A.I.C.P., Prinoipal Planner
Earl R. Hahn, Senior Planner
File - E:\WPDATA\SHARE\INTlRGOV\BOYNT_S.931 :
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9