LEGAL APPROVAL
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
FILE COpy
www.boynton-beach.org
July 6, 2006
Mr. D. Ray Eubanks, Community Program Administrator
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FI 32399-2100
Re: City of Boynton Beach:
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Sir:
Please find enclosed required documents on the above-referenced, adopted small-scale
amendments processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. The
total number .of acres for these amendments is 15.12 acres. With the adoption of these
amendments the cumulative total of acreage to date for the 2006 calendar year is 52.18 acres.
Enclosed are Ordinances 06-055 and 06-052, reflecting approval by the City Commission
on July 5, 2006, the publication notices, an updated land use maps with the boundaries and
location of the subject properties in relationship to the surrounding street and thoroughfare
network, and the completed RPM-BSP-Small Scale-1 form. If you have any questions please
contact me at 561-742-6258.
Respectfully submitted,
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Hanna Matras
Economic Planner
Cc: Treasure Coast Regional Planning Council
South Florida Water Management District
Florida Department of Transportation
Florida Department of Environmental Protection
Palm Beach County Department of Planning, Zoning & Building
Florida Department of State
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425.0310
TEL: 561'742-6260
FAX: 561.742-6259
www.boynton-beach,org
July 6, 2006
Gerry O'Reilly, P.E.
District Director, Transportation Planning Office
Department of Transportation, District 4
3400 Commercial Boulevard, Third Floor
Fort Lauderdale, Florida 33309-3421
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Mr. O'Reilly:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
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Hanna Matras, Economic Planner
Attachments
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 6, 2006
P. K. Sharma, AICP, Lead Planner
Water Supply Department
South Florida Water Management District
P. O. Box 24680
West Palm Beach, Florida 33416
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Mr. Sharma:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
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Hanna Matras, Economic Planner
Attachments
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 6, 2006
Ms. Lynn Griffin
Director of the Office of Intergovernmental Programs
Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Ms Griffin:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
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Hanna Matras, Economic Planner
Attachments
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 6, 2006
Ms Susan Harp, Historic Preservation Planner
Bureau of Historic Preservation
R. A. Gray Building
500 S. Bronough Street
Tallahassee, FL 32399-0250
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Ms Harp:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
;J-1/Uo/-w-,
Hanna Matras, Economic Planner
Attachments
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 6, 2006
Lorenzo Aghemo, Director
Planning Division
Department of Planning, Zoning and Building
100 Australian Avenue
West Palm Beach, FL 33406
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Mr. Aghemo:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
;kjuq!~
Hanna Matras, Economic Planner
Attachments
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 6, 2006
Mr. Terry Hess, AICP
Planning Director
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, Florida 34994
Re: City of Boynton Beach
LUAR 06-012 - Lake Trail Estates
LUAR 06-013 - Aspen Glen
Dear Mr. Hess:
Attached please find the adoption package sent to the Department of Community Affairs
on January 19, 2006, regarding the above referenced small-scale map amendments to
the Comprehensive Plan for the City of Boynton Beach.
Please feel free to contact me at (561) 742-6258 if you have any questions.
Sincerely,
C71'~1-
Hanna Matras, Economic Planner
Attachments
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SMALL SCALE DEVELOPMENT AMENDMENT
SUBMITTAL FORM
Person Completing this form
City of Boynton Beach
Hanna Matras Phone number 561-742-6258
1. Name of Local Government
Name of Newspaper that notice of small scale was published The Palm Beach
Post
Date Publication Noticed May 13 and May 23,2006
(Please attach copy of notice)
2. Number of acres of small scale development amendments contained in package:
15.12 acres
a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as
defined by Section 163.3164, FS 0
b. Within Transportation Concurrency Exception Area pursuant to Section
163.3180(5), FS 0
o
c. Within Regional Activity Centers or Urban Central Business Districts
pursuant to Section 380.06(2)(e), FS 0
d. Outside categories a, b, c 15.12
3. Cumulative total number of acres of small scale development amendments for the
calendar year:
a. Categories listed in Item 2 a, b, c. above
b. Categories listed in Item 2 d above
4. Total number of acres of small scale development amendments in this
package that are located within a coastal high hazard area as identified in
the comprehensive plan
23.47
28.74
o
Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed
with all small scale development amendments as defined by Section 163.3187(1 )(c),
Florida Statutes to:
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF STATE PLANNING
PLAN PROCESSING SECTION
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(904) 488-4925
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-073
Chair and Members
Planning and Development Board and
Mayor and City Commission
Kathleen Zeitler
Planner
Michael W. Rumpf
Director of Planning and Zoning
May 16, 2006
Aspen Glen PUD/ANEX 06-006 and LUAR 06-013
Annexation of a 9.34-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units
per acre (MR-5) to Low Density Residential (LDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Lawrence Development Group, LLC
Leonard Albanese (Managing Member)
Bradley Miller
Miller Land Planning Consultants, Inc.
7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres)
39047151 Lane S (PCN: 00-43-45-07-00-000-3060) (4.8 acres)
(see Exhibit "A")
9.34 acres
Palm Beach County Medium Density Residential (MR-5)
(max. 5.0 du/ac)
Palm Beach County Agricultural-Residential (AR)
Low Density Residential (LDR) (max. 4.84 du/ac)
Planned Unit Development (PUD)
45 single-family detached zero lot line homes
Page 2
File Number: LUAR 06-013
Aspen Glen PUD
Adjacent Uses:
North:
Single-family residential development (Jonathan's Grove) within
the City of Boynton Beach designated Low Density Residential
(LDR) and zoned R1-A;
South:
Single-family zero-lot line residential development (Nautica Sound
Phase I) within the City of Boynton Beach designated Low Density
Residential (LDR) and zoned Planned Unit Development (PUD);
East:
Single-family zero-lot line residential development (Nautica Sound
Phase II) within the City of Boynton Beach designated Low
Density Residential (LDR) and zoned Planned Unit Development
(PUD);
West:
Right-of-way for Lawrence Road, and further west, single-family
zero-lot line development (Palmyra Estates) within unincorporated
Palm Beach County designated MR-5 and zoned PUD. To the
southwest across Lawrence Road, single-family zero-lot line
residential development (Anderson PUD) within the City of
Boynton Beach designated Low Density Residential (LDR) and
zoned PUD.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment, and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary; and,
4. The requested land use and zoning are consistent with surrounding development.
PROJECT ANALYSIS
Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, LLC is proposing to
annex into the City of Boynton Beach 9.34 acres located on the east side of Lawrence Road
approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of
frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated
residential parcels (7216 Lawrence Road, and 3904 71st Lane South) having a total of (4) units
according to County Property Appraiser records.
Page 3
File Number: LUAR 06-013
Aspen Glen PUD
Accompanying this request for annexation are requests to amend the Future Land Use Map of the
Comprehensive Plan to classify the annexed land as "Low Density Residential" and to rezone this
property to a Planned Unit Development (PUD). The proposed PUD would provide for the
construction of 45 single-family zero-lot line dwelling units with a gross density of 4.82 dwelling
units per acre. Because the subject property is less than ten (10) acres, the Florida Department of
Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large-
scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to
forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local
comprehensive plans prior to adoption.
The subject property is surrounded on the south and east by the Nautica Sound PUD single-family
zero lot line development, to the north by the Jonathan's Grove single-family development, and to
the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson
PUD. The proposed density and type of residential use (zero lot line) is consistent with the
development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will
be compatible with the adjacent Jonathan's Grove Subdivision.
Master Plan
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1)
internal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-of-way is
located through the middle of the subject property due to the narrowness of the parcel. A total of
45 single-family lots are proposed with access only from the internal street. The Master Plan
indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet).
Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on
the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum
lot coverage is 58% (2,875 square feet).
Following approval of this request for annexation, land use amendment, and rezoning, the project
will require a site plan approval and plat approval prior to the issuance of any building permits for
the project. The attached conditions of approval for the Master Plan (see Exhibit "(") specify some
of the more important requirements of the forthcoming site plan approval, platting, and permitting.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
Page 4
File Number: LUAR 06-013
Aspen Glen PUD
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The subject property is not located in the hurricane evacuation zone, therefore the referenced
policy is not applicable; however, other applicable objectives and policies contained in the
comprehensive plan include:
''Policy 1.17. 5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City shall continue efforts to encourage 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"
The subject property is located in the City's future annexation area, and is located outside the
area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The
proposed project is similar in density and type of development to the subdivisions surrounding
it. Therefore it is consistent with the directions of Policy 1.17.5. The provision of single family
homes, as proposed on this site, offsets the recent trend in the City to develop multi-family
projects and townhouses, thereby increasing the range of housing choices available to the
market, and providing consistency with Policy 1.19.1. However, in this area we have
consistently approved single-family projects, not multi-family and townhome projects.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
developments surrounding the site. The proposed PUD is for a single-family residential
community that is complimentary to the development patterns in the area along the Lawrence
Road corridor, especially adjacent developments.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed land use amendment and rezoning are the minimum changes to the property, to
naturally accompany the annexation of this property from Palm Beach County. The proposed
amendment is consistent with the future land use classification as recommended on the Future
Land Use Map for this unincorporated area, and is consistent with surrounding land uses and
zonings, both in the City and the adjacent unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Page 5
File Number: LUAR 06-013
Aspen Glen PUD
The proposed land use amendment and rezoning is compatible with utility systems, roadways,
and public facilities. The City already provides water and sewer service to the subject property.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 19,350
gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. With respect to
solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity
exists to accommodate the county's municipalities throughout the 10-year planning period.
The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic
generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road.
The Palm Beach County Traffic Division has reviewed and approved the project for traffic
concurrency and notes a project build-out date of 2008.
Approval is pending from the School District of Palm Beach County in determining that adequate
capacity exists to accommodate the projected student population generated from the proposed
project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of
Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building
permit application, and must satisfy all requirements of the city and local drainage permitting
authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. Surrounding development is low density residential developed at a density of 4.84
dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per
acre. The current uses within adjacent developments are all single-family residential
(detached), with most being zero lot line development, similar to the proposed project.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is physically developed with a total of 4 dwelling units under the existing County
zoning district. However, the two (2) existing parcels are much larger than surrounding PUD
development, and at a lesser density than allowed by the County MR-5 land use designation. If
redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the
subject property would need to be rezoned from AR to another County residential district
consistent with MR-5. Economically, it is conducive for the property to be developed similar to
the surrounding residential PUD development, whether developed in the City (45 units) or the
County (46 units). However, the subject property should be developed in the City because it is
an enclave surrounded on 3 sides by city limits, is located in the City's annexation area, and
already receives city utilities and services.
Page 6
File Number: LUAR 06-013
Aspen Glen PUD
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed land use amendment and rezoning will allow for development of single-family
zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing
development. The size of the subject parcel will afford a development similar in nature to
surrounding residential development, and will contribute to the range of housing opportunities
available in the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The subject property is located in the City's annexation area and designated for Low Density
Residential development. Both the type of housing (single-family detached zero lot line) and
density (4.82 units per acre) proposed for the PUD is consistent with surrounding development
in the City. There are very few comparable-sized vacant parcels within the City which could
accommodate such a development.
CONCLUSIONS/RECOMMENDATIONS
In conclusion, and as indicated herein:
1. This request is consistent with the objectives of the City's annexation program;
2. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
3. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
4. The requested land use and zoning are consistent with surrounding development;
5. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
6. The proposed development will contribute to the overall economic development of the
City.
In addition, the proposed Master Plan meets the minimum requirements of the City's Land
Development Regulations. Therefore, staff recommends approval of the request for
annexation, land use amendment, and rezonin9 subject to satisfying all recommended
conditions (see Exhibit "C" - Conditions of Approval).
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "C".
ATTACHMENTS
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ORDINANCE NO. 06- 0581
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY LAWRENCE DEVELOPMENT GROUP,
LLC., AND LOCATED ON THE EAST SIDE OF
LAWRENCE ROAD, APPROXIMATELY 1,000 FEET
SOUTH OF HYPOLUXO ROAD; CHANGING THE
LAND USE DESIGNATION FROM PALM BEACH
COUNTY MEDIUM RESIDENTIAL (MR-S) TO LOW
DENSITY RESIDENTIAL (LDR); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
17
WHEREAS, the City Commission of the City ofBoynton Beach, Florida has adopted
18
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
Comprehensive Planning Act; 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 two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I: The foregoing WHEREAS clauses are true and correct and incorporated
herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the east side of
4 Lawrence Road, approximately 1,000 feet south ofHypoluxo Road in Boynton Beach, Florida
5 shall be changed from Palm Beach County Medium Residential (MR-5) and shall now be
6 designated as Low Density Residential (LDR):
7
8 See Exhibit "An attached hereto.
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10 Containing: 406,766 square feet or 9.338 acres more or less.
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12 Subject to easements, restrictions, reservations, covenants and rights of way of record.
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15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
26 special act, the provisions of state act shall control.
FIRST READING this ~ day of Ju.nc..
27
,2006.
S:\CA\Ordinances\planning\Land Use\Aspen Glen 06-013.QOC
SECOND, FINAL READING and PASSAGE this ~ day of Ju.ly , 2006.
CITY OF BOYNTON BEACH, FLORIDA
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May?:7:"rry ~r
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ATTEST:
Vice Mayor - C/,:!KOY _
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Commj!sioaer sler
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Commissioner -
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S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT -OF- WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS,
AND RIGHTS-OF- WAY OF RECORD.
.
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
lIDA
LM BEACH
iigned authority personally appeared Kristi Morrow, who on oath
;ustomer Service Supervisor of The Palm Beach Post. a daily and
r, published at West Palm Beach in Palm Beach County, Florida; that
/ of advertising for a Notice in the matter of Aspen Glen was
newspaper in the issues of May 13. & 23. 2006. Affiant further
The Post is a newspaper published at West Palm Beach, in said Palm
orida, and that the said newspaper has heretofore been continuously
Palm Beach County, Florida, daily and Sunday and has been entered
ail matter at the post office in West Palm Beach. in said Palm Beach
for a period of one year next preceding the first publication of the
,dvertisement; and affiant further says that she/he has neither paid nor
son, firm or corporation any discount rebate, commission or refund
securing this advertisement for publication in the said newspaper.
~w~
;ribed before 23,d day of May A.D. 2006
'I: or Produced Identification
n Produced
lY PUBLIC-STATE OF FLORIDA
t Kristen ,!- Maxfield
~Commission II DD528685
Expires: MP.R. 14, 2010
l Tnm Atlantic Bonding \"'0., Ir.\..
",1,',;'1" t.it','iJ'}Y;~IO;):f"I"
, ,,_.,,! .,- \" ~"~ ' ll1l",.~"",,~~,<;
'~~~'A~9]f~fl~S)F;Pltl8. .i)' }RI~G . ;
~~m:ncEQr;;IAf!lpUCC.~'AM~NDMENT .
)/,';......Nm.,~lc~p,P~lNG. :.
" , - -, - ,~~, ~-.
NOTICE IS HEREBY GMNthattbePlannJng and~8oard of THE CI1YOf ROYNJ,'
~OI, FLORIDA, wig c;onduc;t a f'\;elIC,!,!EARlNG. on J~, iJ.ay 23, 2006 at 6:30 p.m. in '
01Y HAll CC>MiWSSION QiAMBERS, 100 East 8qynton,1MoCh.Boulevord. 'to, consider this request
submitted by Miller Land PIonning eomohanB Ofl.bel,dfof ~ ~GRiup, UC, Leonard"
A1ban,~ Managing,'~.tn. Gty Commilsion ofTIiE OTY'OF BOYNT~ &EArn, FLORIDA, in":
its dual r:oIe as Local Planning AtJ<<q, will also hold publlc~ri?9' 10 c:oruider Ihi. reqiJes;1 on Tuesday..
June 20, . 2006 ,and WednesdaY, Jufy 5,2006. Eacf,' hearing will take place 017:00 p.m., or as soon
thervafter as the agenda permits at tlieOlY HAll CQIM1ISSION OV>.MBERS, 100 East Boynton Beach.
~...q,'fhereqlJe5lisdewibed~foIlows: , " ",
'LOCAnON: East !lid. of L,awrence Roadiappr:oximote!y 1,068.02 feet souIh of .~.
' . HypoIuxolloOd..'
~ ............."" P"'f"'lY 19:.34....,
IIlllIIill Amond Iho Comooohom~ Pkm """" iond u.. Ma,,:
'.rom - Med. iium b.n.!Ii .tvlY: Raidential(MR-5, Palm BeaCh County) j I .
To. '9'- Oon.", ",;dOntid~~~J
,~ Rezone., ~:i~'~... \"f':.,
'.......-,Aorioltun.J.R..;d..;;all6R... Palm ""'" Coon~1 ,
To . rKJl"liied UriitDeVelapmenltn.JIJl
~ NeoNSI~P\an~'
:~ 45_IotI;",'.oglo-fam.1y.hamu.
.LlGALD'lSCRIP1IONSi
Lands L)'!ng, ~itvate ~ Being In Section 7, Township 45 SOulh, Range 43 East, Palm Beod1 County,
Florida, MOre PartiaJlarly DesCribed As Follows:' 'i
The We51 ~ Of1he South 11.1 Of The ~s1,I/.t; Of The Northwe5t1A, u,ss The North 14 Feel Thereof,
Palm ~ County, Florida, Lying East Of A 40 Fool Road Right<>f.-Way.
Together With; ,
A -ParCel Of Land L~ng, Situate And Being tn Scdion 7, Township 45 South, Range 43 East, Mo~
ParticuIar!Y Described ~ Follows:
The North 14 Feet Of The West ~ Of The Sovth 1/.1 Of The Nortfw..1lSt1/.1 Of The Northwest 1/.1, Polm;,
Beach County,Floridci, Lying Ead Of A 40 Foot Road Right-Of Way. ~
!9gether With 'An ~~I Over And Across The North 40 Feet Of The' West ~ Of The South V:z Of:
The NorthWest III ot The Northwesl1/.l For Right Of Ingress And Egreu, lying East oF A 40 Foot Road ,
Righ-Qf-Way.
Together With;
The East ~ Oflhe Sol'lh ~OfTheSouth ~ OfThe~ 1kOfThe'Northwest)A Of Section 7';
Tawnshlg 45 South, Ra. nget 43 East,'Palm-Boacn-CoI,N'IIy,FIorida, T~r With An Easement ~-~.:
Across The Not1h 4O'Feet Of West 1h Of The SouIh ,lh.OfThe Nofthwest'/.t; Of1he Northwest 1hFor.~
Right Of Ingress Egress. .
-Containing 406,766 ~!lCre Fe$I/9.J38Mor11 Or Lon.
Said landS Situate In Pcilm Beach County, FIoridct.
Subject To Easements,Restricticns, Reseivatiom, Covenan~, And Righl$-of..Way Record.
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