REVIEW COMMENTS
MEMORANDUM
TO:
Sue Kruse, city Clerk
FROM:
Michael
fVlfZ.-
Rumpf, Senior planner
DATE:
October 28, 1992
SUBJECT:
Lawrence and Hypoluxo Commercial Center - Applications
for Annexation, Land Use plan Amendment, and Rezoning
Attached please find one copy of the above referenced applications,
including the corresponding lists of property owners, that I am
forwarding to you for your records. Once the appropriate legal ads
are prepared, I will provide them to you for property owner
notifications and newspaper advertisements. These applications are
to be processed for the public hearings in December.
A:LHYPOCTR.SUE
I
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
Jim Cherof
City Attorney
Michael Rwnpf ~
Senior Planner
FROM:
DATE:
November 19, 1992
RE: Lawrence and Hypoluxo Commercial Center -
Draft Ordinances for Annexation, Land Use Element
Amendment, Rezoning, and Text Amendment.
Attached for your review, please find the above-referenced draft
ordinances. The corresponding requests are scheduled to be
considered by the City Commission on First Reading at their
regular meeting on December 15, 1992, and on Second Reading on
January 5, 1993.
As in the past, I can provide you with the computer files when
needed.
CC/jm
C: DRAFTORD. JM
RECEIVED
DEe 14 '9~
PLANNING DEPT.
ORDINANCE NO. 092-
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)
ANNEXING A CERTAIN UNINCORPORATED TRACT
OF LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ITS ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION OF THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I, SECTION
7 (32) OF THE CHARTER OF THE CITY OF
BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA
STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
ADVERTISING; PROVIDING AN EFFECTIVE DATE;
PROVIDING AUTHORITY TO CODIFY; PROVIDING
THAT THIS ORDINANCE SHALL BE FILED WITH
THE CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION; AND
FOR OTHER PURPOSES.
^(\e'f-~
~~
WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc.
agents for Mar/Jame Limited, the owner of the following tract
of land hereinafter described, has filed a Petition for
Annexation to the City of Boynton Beach, Florida, directed to
the City Commission pursuant to Article I, Section 7 (32) of
the Charter of the City and Section 171.044, Florida Statutes;
and
WHEREAS, said tract of land lying and being within Palm
Beach county is contiguous to the existing City limits of the
City of Boynton Beach, Florida and will, upon its annexation,
constitute a reasonably compact addition to the City
territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Pursuant to Article I, Section 7 (32) of the
charter of the City of Boynton Beach, Florida and Section
171.044,
Florida
the
following
Statutes,
described
unincorporated and contiguous tract of land situated and lying
.
and being in the county of Palm Beach, Florida, to wit:
The North 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
East, Palm Beach County, Florida, less
the North 40 feet thereof and less the
West 40 feet thereof.
Containing 8,26 acres more or less.
Together with that portion of Hypoluxo
Road R/W abutting the North property line
of the above described parcel and
together with that portion of Lawrence
Road R/W abutting the West property line
of the above described parcel.
is hereby annexed to the city of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City with
the same force and effect as though the same had been
originally incorporated in the territorial boundaries thereof,
section 2: That section 6 and 6(a) of the Charter of the
City of Boynton Beach, Florida, is hereby amended to reflect
the annexation of said tract of land more particularly
described in Section 1 of this Ordinance.
Section 3:
That by Ordinance adopted simultaneously
herewith, the proper City zoning designation and Land Use
category is being determined as contemplated in section
171.162(2) Florida Statutes.
section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until the
same has been advertised for two (2) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach,
Florida, as required by the City Charter and Section 171.044,
Florida Statutes.
Section 7:
This Ordinance shall become effective
immediately upon its final passage,
Section 8: specific authority is hereby given to codify
this Ordinance.
Section 9:
This Ordinance, after adoption, shall be
filed with the Clerk of the circuit Court of Palm Beach
County, Florida.
FIRST READING this
day of
, 1992.
SECOND, FINAL READING and PASSAGE this
day of
, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST;
City Clerk
(Corporate Seal)
A:LAHTPANJ:.ORD
Vice Mayor
Commissioner
Commissioner
Commissioner
ORDINANCE NO. 092-
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.
05V
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iv/
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a comprehensive Future Land Use
Plan and as part of said Plan a Future Land Use Element by
Ordinance No. 89-38 in accordance with the Local Government
comprehensive Planning Act; and
WHEREAS, a certain parcel of land more particularly
described hereinafter is being annexed in accordance with the
application by Kieran J. Kilday/Kilday & Associates, agents
for Mar/Jame Limited, owners of the following property, into
the City by Ordinance being adopted simultaneously herewith;
and
WHEREAS, the procedure for amendment of a Future Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida statutes, has been followed; and
WHEREAS, after public hearing and study, the City
commission deems it in the best interest of the inhabitants of
said City to amend the aforesaid Element of the comprehensive
Plan as adopted by the City herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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 North 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
East, Palm Beach County, Florida, less
the North 40 feet thereof and less the
West 40 feet thereof,
Containing 8.26 acres more or less.
Together with that portion of Hypoluxo
Road R/W abutting the North property line
of the above described parcel and
together with that portion of Lawrence
Road R/W abutting the West property line
of the above described parcel.
Section 2: That any maps adopted in accordance with the
Future Land Use Element of said comprehensive Plan shall be
amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
section 4:
should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
section 5:
This Ordinance shall become effective
immediately upon its final passage,
FIRST READING this
day of
, 1992.
SECOND, FINAL READING and PASSAGE this
day of
. 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
commissioner
ATTEST;
City Clerk
(Corporate Seal)
A:LAKYPLUA.OItO
J-
ORDINANCE NO, 09;(-
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 91-70 OF SAID CITY BY
REZONING A CERTAIN PARCEL OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
COUNTY CC (COMMUNITY COMMERCIAL) TO C-3
(COMMUNITY COMMERCIAL) ; AMENDING THE
REVISED ZONING MAP ACCORDINGLY; PROVIDING
A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
1" {' J
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WHEREAS, the City Commission of the city of Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, is simultaneously herewith adopting an
Ordinance annexing a parcel of land more particularly
described herein into the City limits of said City; and
WHEREAS, Kieran J . Kilday/Kilday & Associates, Inc.,
agents for Mar/Jame Limited, the property owners, have
heretofore filed a Petition with the City of Boynton Beach,
Florida, pursuant to section 9 of Appendix A-Zoning, of the
Code of Ordinances, City of Boynton Beach, Florida, for the
purpose of rezoning a certain parcel of land consisting of
approximately 8.26 acres located within the municipal limits
of said City, said property being more particularly described
hereinafter, from CC (Community Commercial) to C-3 (Community
commercial), which requests that the 8,26 acre parcel be
removed from the boundaries of the CC zone to allow for the
processing of the rezoning application;
WHEREAS,
the City commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, to-wit:
The North 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
East, Palm Beach county, Florida, less
the North 40 feet thereof and less the
West 40 feet thereof.
Containing 8.26 acres more or less.
Together with that portion of Hypoluxo
Road R/W abutting the North property line
of the above described parcel and
together with that portion of Lawrence
Road R/W abutting the West property line
of the above described parcel.
be and the same is hereby rezoned C-3 (Community Commercial) .
section 2: That the aforesaid Revised zoning Map of the
City shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective
immediately upon its final passage.
FIRST READING this
day of
, 1992.
SECOND, FINAL READING and PASSAGE this
day of
, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST;
City Clerk
(Corporate Seal)
A1LAHY,II:B%.OItD
t
ORDINANCE NO. 09J-
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.
~r
11f~Y'9'
At'
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Plan and as part of
said Plan a Future Land Use Element by Ordinance 89-38 in
accordance with the Local Government Comprehensive Planning
Act; and
WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc.,
agents for Mar/Jame Limited, owners of the subject property,
have applied to amend that portion of the comprehensive Plan
Future Land Use Element entitled Land Use Problems and
Opportunities, Planning Area No.6, Area 6.c.; and
WHEREAS, the procedure for amendment of the Comprehensive
Plan as set forth in Chapter 163, Florida statutes, has been
followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the inhabitants of
said City to amend the text of the aforesaid Element of the
Comprehensive plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The portion of the Comprehensive Plan Future
Land Use Element entitled Land Use Problems and Opportunities,
Planning Area 6, Area 6.c. is hereby amended by adding the
underlined 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)
With the exception of the 8 acre parcel
adiacent to Hvpoluxo Road. ~these parcels
should be annexed and placed under the
Low
Density
Residential
land
use
category.
in
order
to
ensure
compatibili ty 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. ~fiefe{efe
However, the 8-acre parcel adjacent to
Hypoluxo Road should be placed in the hew
Beft~~eY-Re~~6efi~~~~-~~~-~fte~%~
ae-%~m~~ea-ee-~we-~eepY-te~-feeeT-~~ft~%e
film ~ %Y -a-1!-1!-ae-fte<i oQi.'" ~~ e.we~ ~ ~f1.'3'5, -ep
AehF-tifi~~~ Local Retail Commercial land
use cateaorv. Commercial development of
this corner is ftee warranted, ~~ftee-~fi
~e.e~ti~~e-fl~~-~~~~a-~-e~eee-~fe
~ ee~~eEl-., fe-Ill ~ %e -~ -t-he- -wes-t;-,- -e-t- M~ ~ ~ ~~fY
~f~i~,--~f1.El--~--mi~e--~e--~fie--e~~t,--~t
€efl.'3'fe5S--~ because this parcel
possesses a Countv Commercial Low land
use plan desianation and because the
narrow confiauration of the parcel would
make residential development of the
propertv verv 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.
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
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
Ordinance.
Section 4: Authority is hereby granted to codify said
ordinance.
Section 5:
This Ordinance shall become effective
immediately upon its final passage.
FIRST READING this
day of
, 1992.
SECOND, FINAL READING and PASSAGE this
day of
, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
A:LAH'lP'I'Z:l.OIl.D
11/U/92
I
. .
!
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 92-241
FROM:
Chairman and Members
Planning and Development Board
p
Michael W. Rumpf
Senior Planner
TO:
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,
B.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 CL/5 (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 Zoning
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, commercial
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 CL/5 classification (Commercial Low with an
underlying designation of Residential 5). Corresponding with the
CL/5 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
Comprehensi ve Plan obj ecti ves, policies, and support document text,
which are included in their entirety in the attachments, addresses
the subject requests and are analyzed below:
Obi ecti ve 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 1.17 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 1.17
could be interpreted to mean that residential uses should be
excluded from such locations. wi th 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 existing 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.
With 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, paqe 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 adjustments..."; 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, paqe 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 Adjoining Northwest Corner of the City (presently
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 Adjoining Northwest Corner of the City (presently
unincorporated)
With the exception of the 8 acre parcel ad jacent to Hypoluxo Road, !fthese 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. TlIelefeye However, the 8-acre parcel
adjacent to Hypoluxo Road should be placed in the L.8\. Be.Hsity RE..9iae.I.tial
eategsI) BRa sflsala BE. limitea te t~8 JEeI) (25 feet) single. family attaeke.a 8Y
aetae"ke.a slle.lliRgS, SY ~A~CL.P Hi.ita Local Retail Connnercial land use category.
Commercial development of this corner is ~warranted, BiBee 8ft aae.~~ate ftaffiBE:Y
sf esBlftleIeial .3ites aye leeate.a. 1/2 mile. ta tHE. liest, a.t Hilltary Tysil, 81.a 1
mile. Ee ERE. e.ast, at CSl.gle.SB f...f:H'tlE. 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. Kilday/Kilday & 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,
199,2'; and
~
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
LOC1\"'nON M1\P
L1\WRENCE 1\NO \-\"lPOLUXO
COMMERC\1\L CEN1"ER
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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 floor/area 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 Future 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
31
~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 CSD
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 located in the CBD zoning district or in
planned zoning districts.
Objective 1.20 By June 1, 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 it.
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 i6i ~ acres. In terms of percentage
of the total demand for commercial land, at build-out, these acreages
represent to a surplus of 6\ ~ to ~6\ 23.9%. Although the 26\ 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 categories, beyond that which is shown on the
proposed Future Land Use Plan, except for minor boundary adjustment~,
small infill 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 sectio..
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 95 should be to concentrate
office, retail, and hotel development in the central business district and
~along Boynton Beach Boulevard. Commercial development particularly should
not be located where it would adversely affect residentially-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 most major
~ intersections. The City should continue its policy of encouraging
commercial uses to be located at intersections. and discouraqinq strip
commercial development, due to the aesthetic and traffic safety problems
that strip development creates. Furthermore, allowing additional
COll'lllercia1 land use in the vicinity of the Boynton Beach Mall would be
likely to cause traffic levels on roads in the vicinity to fall below
established levels of service. Commercial development beyond 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 $1,000 out of the school funding as well.
Commissioner Wische seconded the motion which carried 4-1.
Mayor Moore voted against the motion as he felt a dangerous
precedent was being established.
B. proposed program for Citywide Melaleuca Tree Removal
As outlined in Charles Frederick, Director of Recreation &
Parks memorandum #90-097 to City Manager Miller, Melaleuca
trees will be removed from City properties. A notification
program will take place encouraging the public to remove
Melaleuca 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. Otber 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 ~ias returned to
Mayor Moore.
NEW BUSINESS
A. Items Requested by Mayor Gene Moore
~ 1. 8 Acre Tract - SE Corner of Lawrence Rd. & Hypoluxo 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 Hypoluxo 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. ~e Mayor
responded the person wasn't asking for water service and to
wait until he does .-Mr. Canfi6I1- 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 noted that applying
for annexation was the only way the man could get 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 Service Agreement. At that point he
would have to apply for annexation, if he is contiguous.
The Vice Mayor asked if the City feels a commercial use on
this corner is not appropriate. Mr. Cannon responded that
~u was the way the City and County had adopted their 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
i
,
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 14, 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 #90-100 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 were made about
possibly getting a barge for $1,000.
The next time this topic comes up, the Vice Mayor was
interested in obtaining information on how many people
attend the daytime segment of the festivities, as con-
sideration should be given on whether or not to continue the
daytime program.
4. Boynton Beach City Commission Mission Statement
Mayor Moore had put together a Mission Statement for con-
sideration and input by the Commission.
30
\...
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-245
A' "I
:71i:
,
December 9, 1992
TO:
J. Scott Miller, City Manager
~k~~
christopher Cutro, Planning and zoning Director
FROM:
RE: Lawrence and Hypoluxo Commercial Center
Kieran Kilday representing Mar/Jame Limited has requested the
annexation of a 8.2 acre parcel of land located at the Southwest
corner of Hypoluxo Road and Lawrence Road. In addition, he also
has requested a land use amendment to show the property as Retail
Commercial, a rezoning to C-3 (Community Commercial) and an
amendment to the text of land use element.
When the Boynton Beach Comprehensive Plan was being prepared in
1989, this property was shown as residential, Palm Beach county
attempted to amend its plan to reflect residential but based on a
request by the Boynton Beach City Commission the parcel was left in
a commercial land use and zoning on the county Land Use Plan.
However, the Boynton Beach Plan was not changed and continues to
show the parcel as residential.
The owner of the property has signed a water service agreement with
the city and received concurrency and site plan approval for the
site. The site plan will remain effective until April of 1993.
It should be noted that the present site plan contains a wall and
landscaping in a 25 foot buffer area on the south side of the
property. The applicant has agreed to install this buffering on
the east side of the property as well.
At its meeting of December 8, 1992, the Planning and Development
Board reviewed the land use amendment, zoning amendment and text
amendment and forwarded them to the City Commission with a
recommendation for approval by a 5 to 2 vote (Mr. Lehnertz and
Mr. Davis voting no),
This item has been scheduled for public hearing and first ordinance
reading before the City Commission on December 15, 1992.
CC:ald
r~T~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-254
December 11, 1992
TO: J. Scott Miller, city Manager
~~
FROM: Christopher cutro, Planning and zoning Director
RE: Ordinances for Lawrence and Hypoluxo Commercial Center
The attached ordinances will implement the annexation, land use
plan amendment, rezoning and comprehensive plan text amendment
associated with the Lawrence and Hypoluxo Commercial Center.
If after the public hearings on the center the City Commission
wishes to move forward with these ordinances should be approved on
first reading.
These items have been scheduled for City Commission consideration
on December 15, 1992.
CC:ald
December 10, 1992
Kilday and Associates
1551 Forum Place - Suite 100
West Palm Beach, Fl 33402
Attn
Kieran J. Kilday
RE
COMMERCIAL PROPERTY AT SOUTHEAST CORNER OF HYPOLUXO ROAD
AND LAWRENCE ROAD
Dear Kerry:
I'd like to thank you and your staff, on behalf of my client Mr,
Robert Ochs, for your time in discussing your petition for rezoning
of the above referenced property.
As you know from our discussion, Mr, Ochs owns the Knollwood Groves
PUD property located immediately adjacent to the property you have
proposed for commercial development. Naturally, my client is
concerned with the impact of the commercial development on his
residential project. He is particularly concerned with the
negative impacts which may be generated by the proximity of the
restaurant you propose, which will be adjacent to the multi-family
portion of his PUD,
This office has reviewed the site plan submitted to the City of
Boynton Beach with your application for rezoning, My client wishes
to convey that he has no objection to the use you are proposing,
nor to the design of the project, with the exception of the design
of the buffer along the east property boundary, We are requesting
that the buffering proposed on the south side of the project, as
indicated on your site plan, be extended along the east property
boundary as well. It is my understanding from my conversation with
Lindsey Walter of your staff that you have agreed to this request.
This buffer, we understand, will be not less than 25' in width, and
will consist of an 8' wall, with significant landscaping to be
located on the outside of the wall, adjacent to the Knollwood
Groves PUD. It is my further understanding that this buffer will
be indicated on the approved master plan for the project, and that
you will agree to having this buffer design imposed as a condition
of approval for the project,
\
RECEIVED
IIl1iC 16
fl'l..AA1ij~1i'lG DEPT.
Kieran J. Kilday
December 10, 1992
Page Two
If your understanding
stated in this letter,
this issue further,
convenience,
Sincerely,
URBAN DESIGN STUDIO
~
Anna Cottrell
Project Manager
of our discussion
please let me know.
please feel free
is different from that
If you wish to discuss
to call me at your
cc
Michael Rumpf, Senior Planner, City of Boynton Beach
Robert C. Ochs, Knollwood Groves, Inc,
Board of County Commissioners
Mary McCarty, Chair
Ken L Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
t~
County Administrator___
Robert Weisman
Department of Planning, Zoning & Building
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 Hypo1uxo
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:
1. 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.
RECEIVED
DEe 30
PLANNING DEPT.
-~
-
,
.
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper
800 13th Street West Palm Beach, Florida 33406 (407) 233.5300
Boynton Beach Annexation
12/23/92
Chris cutro
Page 2
3. Traffic Enqineerinq Division: Allan Ennis, Traffic Engineer
Palm Beach county Traffic Engineering Division requests that
the City of Boynton Beach ensure that the applicant complies
with the condition to dedicate right-of-way for an expanded
intersection 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 I s Department: 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 proposed 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.
.
.
@prlntedonrecycledpaptIT
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(~\e~
D~t" ^'<
Planning Director
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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