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Curaleaf Florida LLC Annexation (20525.7.4275) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Curaleaf Florida LLC Annexation (2025.07.4275) APPLICANT: Curaleafl Florida LLC APPLICANT'S ADDRESS: 3604 West Boynton Beach Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 21, 2025 APPROVAL SOUGHT: A Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. LOCATION OF PROPERTY: 3604 West Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. :Le6R°11:061:41!)::::: 1:'�.=7. Other: DATED: (0/ 1,9..f.0-c- f4S-: yClerk :;►NCO120 •• 1' 'cZdRIDA .,, PLANNING AND DEVELOPMENT DEPARTMENT = PLANNING AND ZONING DIVISION 414 O J- frP STAFF REPORT TO N TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 27, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County's Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County's Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C-3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the current location of the structure is 9.1 feet from the rear property line, while the C-3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. 1 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 21, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. 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 (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, which would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 3 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1. 15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1. 15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 4 Page 5 Cureleaf Florida LLC Annexation 2025.07.4275 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 5 Page 6 Cureleaf Florida LLC Annexation 2025.07.4275 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a.". j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.0. 1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article Ill and the site development standards of Chapter 4. Section 2.D.1 .e states that "A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district." The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the proposal does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 6 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems,: The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. REAR SETBACK VARIANCE REQUEST July 2, 2025 City of Boynton Beach Planning Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Rear Setback Variance Request-3604 Boynton Beach Boulevard (Parcel ID: 0043530010100020) Applicant: Curaleaf Florida, LLC Proposed Use: Medical Marijuana Treatment Center (MMTC) Current Zoning: Unincorporated Palm Beach County Proposed Zoning: Community Commercial (C3) Proposed Future Land Use: Local Retail Commercial (LRC) I. Introduction This variance request is submitted in conjunction with an annexation application and arises due to a discrepancy between the existing rear setback approved under Palm Beach County regulations and the setback standards required by the City of Boynton Beach. Specifically, the applicant is seeking a variance to maintain the existing 10-foot rear setback,where a 20-foot setback is required under City zoning standards. The subject property, located at 3604 Boynton Beach Boulevard, is also the subject of concurrent applications for annexation, a Future Land Use Map amendment, and a Zoning Map amendment to facilitate the conversion of the property from a hair salon to a Medical Marijuana Treatment Center(MMTC). H. Compliance with Variance Criteria Pursuant to Chapter 2, Article IV § 4 of the City's Code, the Board may grant a variance upon finding that enforcement would result in manifest injustice, would be contrary to the Code's purpose or public interest, and that all general criteria set forth in Chapter 2,Article IV, § 4 C. 1. are satisfied. The following analysis demonstrates full compliance: a. Special Circumstances The subject property's existing structure was legally constructed prior to this annexation request and is located 10 feet from the rear property line. The rear boundary directly abuts land owned by the Lake Worth Drainage District and a canal, which together create a permanent, physical separation from adjacent properties. This unique condition distinguishes the property from others and constitutes a special circumstance under the Code. b. Hardship Not Self-Created The current rear setback condition is the result of historic site development patterns. Constructed in 1975, the building predated both the applicant's ownership and the City's current regulatory framework. The hardship is not self-created; rather, it stems from longstanding site conditions and adjacent public infrastructure. c. No Special Privilege Granting the variance will not confer any special privilege denied to others. The canal's presence provides a substantial physical buffer, similar in function to a railroad or major right-of-way. The City's Code allows a reduction in similar circumstances, allowing up to a 50% reduction for railroad- or canal-adjacent parcels under ULDC Chapter 3,Article III, § 1. B. This request seeks equitable treatment consistent with that precedent. d. Minimum Variance Necessary The requested variance is the minimum necessary to maintain the existing structure and permit a reasonable use of the property. Full compliance would require demolition or costly reconfiguration, which is impractical and unnecessary given the existing canal buffer and the minimal impact on surrounding properties. e. Harmony with Code Intent Granting this variance is consistent with the intent of the City's Code, which allows for flexibility in addressing unique site conditions to facilitate orderly development. The canal and drainage parcel provide substantial separation, mitigating any potential adverse impacts on neighboring properties. The proposed MMTC use is compatible with the surrounding area and will not negatively affect public health, safety, or welfare. III. Conclusion This variance supports a broader land use and zoning entitlement strategy, including annexation, FLUM amendment, and rezoning, all of which are necessary to bring the site into conformance with City standards. The relief requested is narrowly tailored to accommodate existing conditions and will not compromise the public interest, confer undue benefit, or create precedent beyond what is already supported by policy. We respectfully request approval of this variance application. 3604 Boynton Beach Blvd, Boynton Beach, FL Curaleaf Florida LLC Annexation, Future Land Use Map, Variance, and Zoning Change Request Application Legal Description "THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS "A"AND "B", LYING NORTH OF STATE ROAD 804 AND SOUTH OF L-24 CANAL, BLOCK 10, THE PALM BEACH FARMS CO. PLAT NO. 8,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS "A"AND "B", THENCE NORTH 00°06'51"" WEST, 155.80 FEET; THENCE NORTH 88°11'06"" EAST, 100.00 FEET; THENCE SOUTH 00°09'20"" EAST, 155.97 FEET; THENCE SOUTH 88°17'04"" WEST, 100.11 FEET TO THE POINT OF BEGINNING. CONTAINING: 15,591 SQUARE FEET/0.36 ACRES, MORE OR LESS. SUBJECT TO: EASEMENTS, RESERVATIONS, RESTRICTIONS, ROAD RIGHT-OF-WAY OF RECORD, IF ANY, AND TAXES FOR THE YEAR 1990 AND THEREAFTER." °°"°"" ------ - --�f-;�X4.:_-.-.__.._...._..._._._.. � � n .7.Z ._, JURvrE /,► Z A C H K A S K , ARCHITECTUR PROFESSIONAL DESI( concustAxia t -- ;;'..;,`,Z;: , tnirete•••WOO a wwL ma mown' b1,1wiG b P,.P • MAW 9AZ3R9 1'1119 w �.y,.. 1915,11•.,. 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