REVIEW COMMENTS
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 03-302
Chairman and Members
Planning and Development Board
and City~~sion
Dick Huci(d~AICP
Senior Planner
Michael W. Rump7"'\V?-
Director of Planning and Zoning
December 2, 2003
Bermuda Bay/ANEX 03-002, LUAR 03-007
To annex the property, reclassify from MR-5 Residential and
Industrial (Palm Beach County) to Low Density Residential (4.84
du/ac) and rezone from IL-Industrial, CG-General Commercial
and RS-Residential (Palm Beach County) to R-1-AAB.
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
National Land Company, Inc.
Caulfield & Wheeler, Inc,fMichael J. Covelli
Adjacent to the east side of 1-95, south of Diane Drive and west
of Lake Drive. (Exhibits "A & B")
:1:17.121 acres (including :1:8.595 acres of submerged land)
MR-5 Residential and Industrial (Palm Beach County)
CG-Commercial, IL-Industrial and RS-Residential (Palm Beach
County)
Low Density Residential (4.84 du/ac)
R-1AAB-Single Family Residential
17 single family residential lots
Page 2
File Number: ANEX 03-002, LUAR 03-007
Bermuda Bay
Adjacent Uses:
North:
Northwest, single family homes (Lake View Haven) designated
Low Density Residential (4.84 dujac) and zoned R-1-AAB Single
Family Residential; northeast, right-of-way of Diane Drive.
South:
Industrial building (formerly B E Aerospace) remaining in
unincorporated Palm Beach County, designated IND-Industrial
and zoned IL-Light Industrial
East:
Single family residential (Lake Eden) designated Low Density
Residential (4.84 dujac) and zoned R-1-AAB Single Family
Residential
West:
Right-of-way of 1-95
PROJECT ANALYSIS
The parcel, which is the subject of this annexation, land use amendment and rezoning, totals
:1:17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment
pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing,
a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for
review for compliance with the state, regional and local comprehensive plans prior to adoption.
Following the review period of approximately 60 days, DCA provides the City with a report of
their findings in an "Objections, Recommendations and Comments (ORC) Report". The City
then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment
with changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2004 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in May of 2004.
Subsequent to approval of the annexation, land use amendment and rezoning, the property will
be platted for a conventional subdivision, and subjecting only common areas, recreation areas
or signage to the site plan review process.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which rezonings are to be reviewed as
indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan
Future Land Use Map designation for properties to be annexed within this vicinity. Instead,
staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan,
the city's annexation program and service capability consistent with Policy 8.10.5 of the
Intergovernmental Coordination Element of the Comprehensive Plan.
Page 3
File Number: ANEX 03-002, LUAR 03-007
Bermuda Bay
Policy 1.16.3 of the Future Land Use Element states:
"The City shall continue to enforce and implement the policies that 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 are hereby incorporated by reference into the Goals, Objectives, and
Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised
and updated to reflect current conditions in each of the planning areas. Until the
revisions are adopted, the recommendations shall be considered as advisory."
The relevant portions of the Problems and Opportunities section are, as follows:
"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 for 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."
The requested annexation will reduce the existing enclave by approximately one-half, leaving
approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue
to encourage the property owner to annex the remaining portion, consistent with the cited
directions from the Problems and Opportunities section.
In connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1) The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
2) Ample service capacity exists to serve adjacent unincorporated properties; and
3) Most enclaves currently receive service from the city via the mutual aid
agreement (Police and Fire/EMS only).
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the project and determined that no Traffic Study was warranted due to the deminimus nature
of the land use and zoning changes. While the continued presence of the existing industrial use
on adjacent lands, coupled with the development of the property for residential use could be
viewed as intensifying the traffic impacts on local streets, the incompatibility of the two uses
will encourage the demise of the industrial use. Additionally, since the proposed development
of the property is consistent with recommendations of the Comprehensive Plan, it should be
considered as incremental implementation of the plan, which will lead ultimately to the similar
conversion of the industrial use, as well.
Page 4
File Number: ANEX 03-002, LUAR 03-007
Bermuda Bay
The Palm Beach County School District has provided a concurrency determination for the
project for 17 single-family homes. Since there are no existing potable water demands for the
property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per
unit, the increased demand is estimated at 8,875 GPD. Likewise, wastewater discharge will
increase by an estimated 235 GPD per unit, or a total of 3,995 GPD.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If the Planning and Development Board or the City Commission
recommends conditions, they will be included as an additional attachment (Exhibit "C").
ATTACHMENTS
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1 ORDINANCE NO. 04-olCf
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 17.12 ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY LIMITS
6 WITHIN PALM BEACH COUNTY AND THAT WILL,
7 UPON ANNEXATION, CONSTITUTE A
8 REASONABLY COMPACT ADDmON TO THE CITY
9 TERRITORY, PURSUANT TO ARTICLE I, SECTION 7
10 (32) OF THE CHARTER OF THE CITY OF BOYNTON
11 BEACH, FLORIDA, AND SECTIONS 171.044, AND
12 171.062(2), FLORIDA STATUTES; PROVIDING THAT
13 THE PROPER LAND USE DESIGNATION AND
14 PROPER ZONING OF THE PROPERTY SHALL BE
15 REFLECTED IN SEPARATE ORDINANCES TO BE
16 PASSED SIMULTANEOUSLY HEREWITH;
17 PROVIDING FOR CONFLICTS, SEVERABIUTY,
18 CODIFICATION AND AN EFFECTIVE DATE;
19 PROVIDING THAT TillS ORDINANCE SHALL BE
20 FILED WITH THE CLERK OF THE CIRCUIT COURT
21 OF PAIM BEACH COUNTY, FLORIDA, UPON
22 ADOPTION.
23
24 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
25 development of an Annexation Program; and
26 WHEREAS, National Land Company, Inc., through its agents, Michael J.
27 Covelli, Caulfield & Wheeler, Inc., as owner of the property more particularly described
28 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning,
29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing
30 a certain tract of land consisting of approximately :t17 .12 acres; and
31 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
32 following tract of land as hereinafter described, in accordance with Article I, Section 7
33 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes;
34 and
35 WHEREAS, said tract of land lying and being within Palm Beach County is
S:\CA\Oroinances\Planning\Annexations\Annexation - Bermuda Bay.doc
1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
2 annexation, constitute a reasonably compact addition to the City territory.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
6
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
8 unincorporated and contiguous tract of land situated and lying and being in the County
9 of Palm Beach, Florida, to wit:
10 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE
11 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE
12 PARTICULARLY DESCRffiED AS FOllOWS:
13
14 BEGINNING AT A POINT WHERE THE EAST RIGlIT-OF-W A Y OF STATE ROAD 9 (1-
15 95) INTERSECTS THE NORTH LINE OF THE SOUTH * OF THE SOUTH V2 OF SAID
16 SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID
17 EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1,
18 BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32, PAGES 53
19 AND 54 OF THE PUBLIC RECORDS OF PAIM BEACH COUNTY, FLORIDA;
20 THENCE ALONG SAID RIGHT-OF-WAY LINE S18031'15"W (ASSUMED). A
21 DISTANCE OF 950.91 FEET THENCE N 65052"48"E, A DISTANCE OF 90.85 FEET TO
22 A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE,
23 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A
24 CENTRAL ANGLE OF 53041'47" A DISTANCE OF 99.58 FEET; THENCE S59034'14"E
25 A DISTANCE OF 99.58 FEET; THENCE S 59034'14"E, A DISTANCE OF 93.09 FEET;
26 THENCE N30025'46"E, A DISTANCE OF 137.40 FEET; THENCE S89034'14"E, A
27 DISTANCE OF 275.96 FEET; THENCE NOl039'45''E, A DISTANCE OF 125.40 FEET;
28 THENCE N37041'35"E, A DISTANCE OF 88.34 FEET; THENCE Noo052'00"E, A
2 9 DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF
30 BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK
31 29, PAGE 53, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
32 N21014'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98
3 3 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE
34 EDEN SUBDIVISION PLAT NO.2"; THENCE N18030'15"E ALONG THE
35 NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET
36 TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF
37 "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54,
38 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71028'45"W
S:\CA\Ordinances\Planning\Annexations\k~exation - Bermuda Bay.doc
1 ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO
2 THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18031'15"E ALONG
3 THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE
4 SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW
5 HAVEN"; THENCE N71 o28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK
6 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1,
7 BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 9 (1-95);
8 THENCE S18031'lS"W ALONG SAID EASTERLY RIGHT-OF-WAY liNE , A
9 DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED.
10
11 SAID LANDS SITUATE IN PAIM BEACH COUNTY, FLORIDA.
12 CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS.
13 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND
14 RIGHTS-OF-WAY OF RECORD.
15
16 CONTAINING APPROXIMATELY :!::17.12 ACRES OF LAND
17
18 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall
19 be and become part of the City with the same force and effect as though the same had
20 been originally incorporated in the tenitorial boundaries thereof.
21
Section 2:
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
22 lorida, is hereby amended to reflect the annexation of said tract of land more particularly
23 escribed in Section I of this Ordinance.
24
Section 3:
That by Ordinances adopted simultaneously herewith, the proper City
25 zoning designation and Land Use category is being determined as contemplated in Section
26 171.162(2), Florida Statutes.
27
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby
28 repealed.
29 Section 5: Should any section or provision of this Ordinance or any portion thereof
30 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
31 remainder of this Ordinance.
32
Section 6:
This Ordinance shall not be passed until the same has been advertised
S:\CA\Ordinances\Planning\Annexations\Anr.exation - Bermuda Bay.doc
1 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
2 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
3
Section 7.
This ordinance shall become effective immediately upon passage,
4
Section 8.
Specific authority is hereby given to codify this Ordinance.
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7 FIRST READING this ~ day of~, 2004.
8 SECOND, FINAL READING and PASSAGE this ~ day of ~,2004.
9
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
S;\CA\Ordinances\P:anning\Ar~exations\Annexation - Bermuda Bay.doc