LEGAL APPROVAL
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MINUTES - REGUlAR CITY C~I~SION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 4, 1992
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3-7, IN THEIR ENT TY; PROVIDING AT EACH AND EVERY THER PROVIS
HAPTER 3 NOT HERE I PECIFICALLY A DED SHALL REMAIN FULL FORCE
E CT AS PREVIOUSLY CTED; PROVIDIN OR CONFLICTS, SE ABILITY,
COOl CATION AND AN EFFE IVE DATE.
'ssioner Aguila ved to approve Pr osed Ordinance No. 092-53 on seco
tinal ding. Vice Ma Matson seconde he m~tion. A ro call vote was
polled by ty Clerk Sue K e. The motion ried 4-0.
2. Proposed Ordinance No. 092-54 Re: Rezoning the American Legion
from R-2 (Duplex-Residential) to PU (Public Usage)
Attorney Cherof read Proposed Ordinance No. 092-54 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
REZONING THE AMERICAN LEGION CLUB OF BOYNTON BEACH, INC. PROPERTIES (SE
CORNER OF NW 1ST AVENUE AND NW 6TH STREET), FROM R-2 (DUPLEX RESIDENTIAL)
TO PU (PUBLIC USAGE); AMENDING THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
Attorney Cherof reminded the Commission that there was a condition that there be
a restrictive covenant tendered in recordable fonn with respect to one of the
lots on this rezonig. He advised that that document has been received and is
in proper fonn. If approved, that document will be recorded.
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Motion
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Vice Mayor Matson moved to approve Proposed Ordinance No. 092-54, with recorded
covenant, on second and final reading. Commissioner Aguila seconded the motion.
A roll call vote was polled by City Clerk Sue Kruse. The motion carried 4-0.
Cherof read Propo d Ordinance No.
1. Propo d Ordinance No.
adv1 sor boa.rds
ItIO~ all
B.
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AN OR ANCE OF THE CITY COMMISSION OF THE TY OF BOYNTO BEACH, FLOR A,
PROVIDIN OR APPOINTMENT OF ALTERNATE MEMBER OF CITY BOAR ; PROVIDING
FOR CONFLIC"rs., "SEVERABI LITY , CODIFICATION AND P VIDING AN EF ~IVE DATE.
~ce Mayor Matson found faul,t with the ordinance because'~~e boards hav~_only
fiVe.-.,~~mbers and she did not feel they require two alternates,:, "'~
Attorney Ch,erof advised that th1s"'~ntended to be a catchall~~ase of
either deathS'-t--resignations, or in the case of boards that have no a1qrnates,
to provide for t~ in a blanket fashion.
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9
MINUTES - REGULAR CITY .f.. ..SION MEETING
BOYNTON BEACH, FLORIDA
Vice Mayor Matson said last year was difficult. During the negotiations, she
felt that because no raises were given last year, she wanted to give more than
3%. She would have given 2% and 2% which would have brought the increases to 4%
at the end of the year. She stated given the choice between 3% and 4%, she will
not vote for 3%.
A roll call vote was polled by City Clerk Sue Kruse.
Commissioner Aguila
Commissioner Harmening
Commissioner Walshak
Mayor Weiner
Vice Mayor Matson
The vote failed 3-2.
No
No
Yes
No
Yes
Motion
Commissioner Aguila moved to award the IBF&O employees 2% effective October 1,
1992 and 2% effective March 1, 1993. Vice Mayor Matson seconded the motion.
Vice Mayor Matson asked how this increase will affect the employees. It was
determined this increase will be slightly more than 3% average for this fiscal
yea r .
Commissioner Harmening feels a bad example is being set by choosing this route ~
since the other two unions have already settled for 3%. ,.,
A roll call vote was polled by City Clerk Sue Kruse.
Commissioner Harmening
Commissioner Walshak
Mayor Weiner
Vice Mayor Matson
Commissioner Aguila
The vote passed 3-2.
A SHORT RECESS WAS DECLARED BY MAYOR WEINER UNTIL 8:25 P.M.
No
Yes
No
Yes
Yes
B. Project Name:
American legion Rezoning
Owner:
Location:
Andrew Hershman, President
American Legion Club of Boynton Beach, Inc.
A 0.34 acre of property on the north side of the
American Legion Club at the southeast corner of NW
1st Avenue and NW 6th Street
REZONING: Applicant requests that the above-
described property be rezoned from R-2 (Duplex
Residential) to Public Usage
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Description:
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AINUTES - REGULAR CITY,., ;ION MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1992
Chris Cutro made the presentation. Mr. OIBrien, agent for the American Legion
Club of Boynton Beach, Inc., has asked for a rezoning of a parcel of property
just purchased to the north of the existing hall. The change would be from R-2
(Duplex Residential) to PU (Public Usage). The request is consistent with the
Comprehensive Plan. At its meeting of October 13, 1992, the Planning and
Development Board forwarded this request with a recommendation for approval sub-
ject to two conditions:
1. A deed restriction be recorded that restricts the single-
family house on Lot #5 to be used only for single-family
residential use: and
2. if any portion of Lot 5 is used for parking for the
American Legion Club facility, a buffer shall be installed
to separate and buffer the adjacent single-family home to
the north from the American Legion Club property.
Mr. Cutro explained this rezoning is here for public hearing and first reading
during the Ordinance portion of the agenda.
Danny O'Brien, 2580 SW 10th Circle, represented the American Legion Post 164.
He asked to reserve his time to answer any questions which might be raised or to
rebut any comments.
Jim Teleoman, of 340 Royal Palm ~ Palm Beach, represented the Franklins who
live to the north of the American Legion property. His clients and other resi-
dents in the area object to the rezoning. He presented a petition for the
record which is signed by residents from the area who oppose the rezoning. In
viewing the map, he pointed out that the American Legion sits in a residential
area. The residents object to the nuisances which will be created for the
neighborhood. Traffic is one of those nuisances. The expansion of their
building and a larger parking lot will bring more traffic into the area. He
stated that the Franklins bedroom window is 71 from this proposed parking lot.
Mr. Telepman took issue with Mr. Cutrols comments regarding the Comprehensive
Plan. He said Mr. Rumpf pointed out in a memorandum dated October 8th that a
problem exists with the Comprehensive Plan. It contains a provision which pro-
hibits rezoning which will create nuisances to people or property. He further
stated that the City's Code of Ordinances also has a provision regarding rezo-
nings which create nuisances to surrounding property and residences.
Mr. Telepman stated that a single-family home exists on Lot #5. The American
Legion has no plans to change the use of the lot. They will continue to rent
out that home to assist in paying the mortgage on the property. He wondered why
the zoning should be changed on this particular lot. He suggested rezoning the
vacant lot and leaving this portion as it is currently zoned. He further urged
that if this rezoning is approved, the American Legion should be made to
construct a 61 high masonry and stucco barrier along the border of the property.
However, he asked that consideration be given to denying the rezoning.
Commissioner Walshak read the staff comments to Mr. Telepman which pointed out
the fact that the staff comments included the requests being made by the
Franklins if the approval to rezone is granted.
15
MINUTES - REGULAR CITY -if.. .ISION MEETING
BOYNTON BEACH. FLORIDA
OCTOBER 20. 1
Commissioner Aguila confinned that the American Legion wishes to use a piece of
property south of Lot #4 for parking. Mr. Cutro stated they may not use Lot #4,
which is zoned R-2, for parking. It must be rezoned to allow parking.
Mr. Cutro stated this use has been detennined as acceptable within the single-
family zoning district. The rezoning can improve the current situation. There
is a viable question regarding Lot #5.
Nick Berbes. 603 w. Ocean Avenue, said his property faces the American Legion
Hall. He questioned if the residential house on the property will be turned
into a clubhouse. Commissioner Aguila said there was conversation that they
would have liked to make the house a congregation hall for a smaller group of
Legion members, but the Planning and Development Board was not in favor of that
use and stated it could only be used for a residential use.
Joan Clark~ of 110 NW 7th Street~ said traffic must pass her house to go to the
hall. She sympathizes with Mrs. Franklin because she claims she constantly must
call the Police because these people tear down the street, ruining their pro-
perty. Drinking and driving is also a concern. She claims a great deal of
noise is generated by music from the hall.
Bob Borovy of 2521 SW 11th Street~ has been associated with the American Legion
for fourteen years. The American Legion helps people and serves the City. He
has never received any complaints from the Police Department in all of the time
he has been associated with the Legion. He said other people go through the
neighborhood and ride along the railroad right-of-way and break into their hall
and steal money. Those people are not Legion members. ~
Mike Bronzini~ of 627 NW 1st Avenue~ said there already exists a drainage
problem in the area. By making this a parking lot, the drainage will be worse.
The area floods halfway up his street.
Mr. Miller advised that a new parking lot would have to be constructed to Code.
Any runoff generated from the parking lot would have to be retained on site.
They will have to develop underground drainage through percolation or a french
drain system.
Mr. OIBrien knows that the application for the parking lot would have to pass
through Engineering and site development. These questions would be handled
through the City process.
Commissioner Walshak reminded everyone that a portion of the Comprehensive Plan
looks at drainage and drainage problem areas around the City. Lake Boynton
Estates is a targeted area. The Utilities Department is now working on a plan
to cure the major problem in that area. These items must be addressed by 1995
according to the Clean Streams Act. Commissioner, Hannening pointed out that
the City is in the process of starting up a stonmwater utility to drain portions
of the City which flood.
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'I4INUTES - REGULAR CITY ~ ......."',HON MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1992
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Commissioner Aguila also clarified that what is 7' from the Franklins' bedroom
window is the property line for the existing residential building. The parking
lot will be 57' away. He understands the logic behind the rezoning request
because there is not enough parking available on the site. Commissioner Aguila
was pleased with the Planning and Development Board's actions regarding the fact
that the residence must remain a residence or be torn down. The American Legion
agreed to the condition. Commissioner Aguila also set straight the setback
requirements. The minimum front setback requirement is 251. The minimum side
setback requirement is 15' unless it abuts a residential which will increase it
to 301. The rear setback is 25' which will be increased to 3D' because it
abuts a residential area. This rezoning request will allow the American Legion
to make a difficult situation better.
Motion
Commissioner Walshak moved that the American Legion Club of Boynton Beach, Inc.
request for rezoning be approved subject to the staff comments of the Planning
and Development Board. Commissioner Aguila seconded the motion.
Attorney Cherof asked that the motion be amended to incorporate a finding that
the conditions in the recommendations from the Planning and Development Board
are required to meet the consistency element of the Comprehensive Plan.
Commissioner Walshak agreed to the amendment and Commissioner Aguila seconded
the amendment.
The motion carried 5-0.
Mayor Weiner asked the Commission to move up Item XI-D, Establishment of an
Adopt-A-Street Program sponsored by the Boynton Beach Chamber of Commerce.
Motion
Vice Mayor Matson moved to move up Item XI-D. Commissioner Aguila seconded the
motion which carried 4-0. (Commissioner Walshak was away from the dais.
XI. NEW BUSINESS:
D. Estlblishment of In Adopt-A-Street progr.. for Boynton Belch spon-
sored by the Chamber of Commerce
~eith Girtman, a member of the Board of Directors of the Chamber of Commerce,
requested support in establishing an Adopt-A-Street program. This is a program
of volunteers who agree to pick up the litter on a particular street at various
times throughout the year. The Chamber of Commerce is committed and fully orga-
nized to administer the program and will work with .the Public Works Department.
All of the Commissioners agreed to support the Chamber's program and Vice Mayor
Matson asked for Chamber support of the City's planned Trashathon. She feels
this Trashathon will be a lead in to the Chamber program.
17
MINUTES - REGULAR CITY ~'~~"SSIaN MEETING
BOYNTON BEACH. FLORIDA
OCTOBER 20, 1992 ~~
2. Proposed Ordinance No. 092-54 Re: Rezoning the American Legion
from R-2 (Duplex Residential) to PU (Public Usage)
Attorney Cherof read Proposed Ordinance No. 092-54 by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
FLORIDA, REZONING THE AMERICAN LEGION CLUB OF BOYNTON BEACH, INC.
PROPERTIES (SE CORNER OF NW 1ST AVENUE AND NW 6TH STREET), FROM R-2
(DUPLEX RESIDENTIAL) TO PU (PUBLIC USAGE); AMENDING THE REVISED ZONING
MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
.
Motion
Vice Mayor Matson moved to approve Proposed Ordinance No. 092-54 on first
reading. Commissioner Hanmening seconded the motion.
Commissioner Aguila pointed out a typographical error in Section 1 where it
states, "...is hereby rezoned from r-@...". Further, he wondered how the
Commission would incorporate the condition set forth by the Planning and
Development Board with regard to the residence. Attorney Cherof stated that
prior to second reading and approval, it is necessary for him to have, in hand,
the appropriate recordable document.
Commissioner Walshak asked that the American Legion be apprised of this require-
ment. Mr. Cutro stated they have already been apprised and a phone call conver-
sation will be held with them tomorrow to remind them. Attorney Cherof needs to
see the document well before the next meeting.
A roll call vote was polled by City Clerk Sue Kruse. The vote was 5-0.
.
. R92-188 Re: Wa r Service Agree nt-
Park (west of Lawr ce Road, along
'on No. R92-188 by "tle only:
A RESOLUTION OF T CITY COMMISSION OF T CITY OF BOYNTON B CH,
FLORIDA, AUTHORIZING NO DIRECTING THE MAYO AND CITY CLERK TO XECUTE A
WATER SERVICE AGREEMEN BETWEEN THE CITY OF B TON BEACH AND RO MANOR
BILE HOME PARK, A COPY SAID AGREEMENT BEIN TTACHED HERETO A
EX BIT nAil; AND PROVIDING EFFECTIVE DATE.
uila expressed some con ion because the agen package indi- ,
wage request, but the a eement says water. "ty Manager
Miller stated Mr. idry reviews the water rvice agreements for th water and
sewer. Mr. Guidry st ed the City does not ha a sewer agreement. f this is
proved, the City will gotiate an agreement a bring it back to th
ission.
Commis "oner Hanmening suggeste the City~o ahead with
back, we ld be willing to finan at about 8~%.
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comes
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......... -~
MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
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Mr. Cutro reported at the request to-e1im' ate the existin~ire lane the
Cross Creek Centre wa denied by the City Co ssion. The vacat on of the ti-
1ity Special Purpose Ea ment by Carriage Homes"Qf Congress Lakes as approv
~he City Commission. e Community Design P1a~.review was appro d for the
ro at Captain Frank's, bu ,~he landscape appeal w~,denied by the C
Comm s ion .', ",
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Mr. COllh"s asked about the outcom' f the neon lighting for-~rbyls Restaura .
Mr. Cutro repprted that the request w denied by the City Commi~sion.
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~ Ms. Stevens asked .for a report on the Rolon property which became noncon-
I '\. formi ng when the Waste Management of Palm Be h request was approved>",~r. Cutro
'advised that the Ro11ysonls have been informed writing that before a~y major
upgrades or changes of lIse on the property can be ade, it will be necessuy to
increase the parking on the site. '~,
Ms. Stevens also pointed out that the colors of the bui1 ng at Atrium Place .~
were approved some time ago, but only three sides of the b 1ding have been
painted to date. Mr. Cutro said attempts are being made to ntact Mr.
Desiderio. He'-r.eceived approval for an awning and only half 0 that awning has
been built. He has been told to paint the remainder of the bui1 g and Mr.
Cutro will follow ~"on this item again. However, Mr. Cutro is not ertain that
any Code action can b~aken against Mr. Desiderio with regard to the ainting.
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Ms. tevens explained tha she has had occasion toliQ work with the Palm ach
Count Zoning Commission. e has heard wonderful th s about Mr. Cutro a
they pe in to the Intergover ental Coordination Task rce. This Task For
has taken e place of the P1ann Council. Mr. Cutro th ked Ms. Stevens and
mentioned th Dave Kovacks of Del Beach deserves a great deal of credit for
the p rocedu ra 1 rk.
NEW BUSINESS
A. PUBLIC HEARING
REZONING
1.
Project Name:
Agent:
Owner:
American Legion Rezoning
Danny OIBrien
Andrew Hershman, President
American Legion Club of Boynton Beach, Inc.
Location: A 0.34 acre of property on the north side of the
American Legion Club, at the southeast corner of NW
1st Avenue and NW 6th Street
Description: Applicant requests that the above described property
be rezoned from R-2 (Duplex Residential) to Public
Usage
Mike Rumpf, Senior Planner, made the presentation. The justification for this
request is to provide for additional parking facilities to accommodate existing
needs and future needs if the Club were to be expanded. The surrounding land
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1992
uses include single-family homes to tne west and north, Seaboard Airline Railway
and industrial uses within the M-l zoning district to the east and the American
Legion Club and a commercial retail store to the south. With the existence of
the single-family homes to the west and industrial area to the east, a small
transition zone was created. In the opinion of staff, the proposed use would
not be inappropriate for the area. However, there is one area for potential
conflict. The north side of the area abuts a lot containing a single-family
home. It is felt that a buffer should be included in any future development
plans of this area.
Staff recommends approval of this application since this proposal is not in
conflict with any goal, objective or policy of the Comprehensive Plan. The
proposed rezoning is consistent with the established land use pattern within
the surrounding area. The proposed use of the subject area would be compatible
with the current and future use of adjacent and nearby properties and the pro-
posed use is of a scale which is reasonably related to the needs of the neigh-
borhood and the City as a whole.
Danny O'Brien of 2580 SW 10th Circle. represented the American Legion Club of
Boynton Beach. He stated the American Legion wishes to expand the parking lot
at the present time and eventually expand the building. The land is currently
zoned residential which will not allow them to build the parking lot.
Ms. Huckle asked Mr. OIBrien about the feelings of the property owner to the
north. Mr. O'Brien stated the property owners are aware of what is being
planned. Mr. Cutro pointed out that the property owners were notifed and some
were present in the audience.
Ms. Stevens questioned whether Mr. O'Brien would have objections to planting a
high, thick hedge at the edge of the new parking lot to provide a buffer between
the parking and the residential area. Mr. O'Brien had no objection to this
request.
Ms. Huckle asked Mr. O'Brien if the existing house located on one of the lots,
will remain. It was confinned by Mr. OIBrien that the house would remain and he
stated that the American Legion would eventually like to make it a clubhouse
with a picnic area in the back; however, this is not in the foreseeable future.
Wendy Franklin. 120 NW 6th Street. resides in the home north of the American
Legion property.~he explained that the house located on the property is only
7' from her bedroom windows. She expressed concern about the fact that the
American Legion is requesting Public Use for this property and might turn that
house into a clubhouse. Because of its close proximity to her home, she won-
dered what kind of activity would be spurred if the Public Use is approved and
what the effect would be on her property value. She pointed out that there is
no room for buffering since the house is built on the property line. She
further advised that a large trailer is now located on the lot and she is con-
cerned that the lot is being used as a storage area. She asked for an explana-
tion of Public Use.
Mr. Cutro explained that Public Use includes private and semi-private clubs. He
pointed out that during previous conversations with American Legion represen-
tatives, they were concerned with being able to continue to rent out the house
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1992
in order to gain income. Mr. Cutro would prefer that this remain a house.
He feels it is important to specify that the middle lot and the north lot will
be used only for parking and the house must remain a house.
Mr. Collins wondered whether or not the Board has the authority to recommend the
actual use of the house. Attorney Cherof stated there needs to be something on
record to reflect an agreement between the City and the American Legion that the
building will not be used for anything but a nonconfonning single-family house.
This needs to be something in recordable fonn. Ms. Huckle wondered why this
particular lot could not be left R-2. Mr. Cutro said the remainder of the lot
could not be, used for parking if it were zoned R-2.
In response to Mr. Collins question, Mr. OIBrien stated the projections are to
expand the existing American Legion Hall. In the future, the house would become
an office. Presently, they intend to keep the house rented in order to assist
in paying the mortgage. They are willing to include a stipulation that the
house would remain a single-family home. Mr. Cutro said the American Legion
would have to give the City a deed restriction which would be checked by
Attorney Cherof and recorded. That would limit the use to a single-family house
or parking.
Mr. Miller pointed out that it would be difficult to limit the uses. If it is
rezoned to Public Use, in the future someone could decide to institute one of
the uses in that category. Mr. Miller feels that the way to preserve it as
residential would be to exclude it from the rezoning.
Bob Borovy~ 2521 SW 11th Street~ is Past Commander of Post 164. He said that if
the lot is not included in the Public Usage, they will not be pennitted to con-
sider that lot in their tax exempt charitable organization status. He offered
to add a stipulation that the house will remain a residence if the Public Usage
zoning is approved.
Susan Colvin of 623 W. Ocean Avenue~ is concerned with the noise and additional
traffi c whi ch wi 11 be generated because of the increased parki ng lot. She asked
for consideration for the property owners.
Mr. Cutro referred to the Code and explained that Public Use includes public
facilities such as City Hall, private and semi-private institutions such as
hospitals, utilities, non-profit facilities, and other governmental agencies
such as those providing postal, administrative or regulatory services.
Ms. Stevens asked for clarification on the best way to insure that the residents
will be protected if the rezoning is approved. Mr. Cutro stated that this would
have to be specifically marked on the zoning map. A tight deed restriction
would have to be drawn up stating the use of the property. The zoning map would
be marked with an asterisk or symbol and the definition of that asterisk or sym-
bol would be designated on the map.
Mr. Cutro asked the Board to make a recommendation on the two lots with a stipu-
lation that a deed restriction be filed and that a special designation be placed
on the zoning map.
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MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1992
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Chainman Lehnertz asked Mr. OIBrien if this suggestion would be acceptable to
the American Legion. Mr. O'Brien feels it sounds acceptable but pointed out
that there is already a deed restriction on the single-family residence. When
the usage is changed. the building will become nonconfonming. He would like to
speak with an attorney before committing the American Legion to another deed
restriction. He feels the protection already exists because when the noncon-
fonming use ceases. the building must come down.
Mr. Cutro explained that in order for a Public Use structure to be put on the
site. there are setback requirements the American Legion cannot meet on the pro-
perty. The building will not be usable. They will have to come in for a site
plan review to allow the use of the building. This Board and the City
Commission could deny the use because of its close proximity to the property
line. In any event. Attorney Cherof recommended including the deed restriction.
He explained that it is necessary to have the document in hand and have it
recorded.
Mr. Cutro again reiterated that if approval is recommended to the City
Commission. it is necessary to ask for a deed restriction limiting the property
to single-family use and that it be marked on the zoning map so that it can be
traced. All of this needs to be taken care of by the time of second reading by
the City Commission.
Ms. Stevens. stated that the back of the lot should contain a hedge between the
residential and the parking lot. Mr. Cutro said that will be automatically done
when the site plan is received.
Mrs. Franklin does not see the need for a deed restriction if the American
Legion is planning to continue using the house as a rental home. She is con-
cerned that someone in the future may not notice the marking on the zoning map.
She feels too many "ifs" are being included in this case. Ms. Stevens pointed
out that there is nothing "ify" about a deed restriction. It is a recorded
document. Mrs. Franklin feela that lot should be left R-2.
Mr. Borovy clarified the complaint regarding the trailer which is parked on the
property. Further. he said they are now requesting a rezoning to a lesser
designation and are willing to go along with a deed restriction.
Mrs. Colvin agreed with Mrs. Franklin's suggestion to rezone only one lot in
order to protect the property owners.
Motion
Mr. Miller moved to approve the rezoning of the American Legion from R-2 to PU
with the stipulation that the current and existing residence remains a residence
~nd that a proper legal recorded document is executed prior to final City Com-
mission approval. Mr. Collins seconded the motion.
Ms. Stevens amended the motion thattf any portion of the northern-most lot is
used as a parking area. that there be a buffer hedge. This amendment was accep-
table to Mr. Miller and Mr. Collins. The motion carried 5-2. (Mr. Johnson and
Ms. Huckle cast the dissenting votes.)
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ORDINANCE NO. 092-~~
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REZONING THE ~ERICAN LEGION CLUB OF
BpYNTON BEACH. INC PROPERTIES (SE CORNER
~OF NW 1ST AVENUE AND NW 6TH STREET), FROM
R-2 (DUPLEX RESIDENTIAL) TO PU (PUBLIC
USAGE); AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE.
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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, Danny O'Brien, agent for the American Legion
,Club of Boynton Beach, Inc., has heretofore filed a Petition
,I
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 certain
property consisting of approximately 0.34 acres located at the
southeast corner of N.W. 1st. Avenue and N.W. 6th. Street,
said property being more particularly described hereinafter,
from R-2 (Duplex Residential) to PU (Public usage);
WHEREAS,
the City Commission deems it in the best
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to rezone
and
of the inhabitants of said City
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Zoning Map
Revised
aforesaid
amend
the
as
and
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:
Lots 4 and 5 of Block lA, Lake Boynton
Estates Subdivision Plat 1, Section 29,
Township 45, Range 43 East, According to
the Plat thereof recorded in Plat Book
13, Page 32, Public Records of Palm Beach
County, Florida.
Containing 0.34 acres more or less.
be and the same is hereby rezoned from R-2 (Duplex
Residential) to PU (Public Usage).
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.
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I Ordinance
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Section 4:
Should any section
or provision
of this
or any portion thereof be declared by a court of
jurisdiction to be invalid, such decision shall not
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Section 5:
This Ordinance shall become effective
immediately upon its final passage.
FIRST READING this df'p day of
d:C?:7CJ.Bc Iff?.
, 1992.
SECOND, FINAL READING and PASSAGE this
~P'E/I'lgi:~ , 1992.
/
day of
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CITY OF BOYNTON BEACH, FLORIDA
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Mayor
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II ATTEST:
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Rezone.AmL
10/15/92
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NOTICE OF ZONING CHANGE
CITY OF BOYNTON BEACH
PUBLIC HEARINGS
The City of Boynton Beach proposes to rezone the property indicated on the map
below. A public hearing on this proposal will be held before the Planning and
Development Board on October 13, 1992 at 7:00 p.m., and before the City
Commission on October 20, 1992 at 7:00 p.m., or as soon thereafter as the agenda
permits. These public hearings will be held in the City Commission Chambers in
Boynton Beach City Hall at 100 East Boynton Beach Boulevard, Boynton Beach,
Florida.
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American Le~ion Rezonin~
PETITIONER:
PROJECT NAME:
LOCATION:
Danny O'Brien
American Legion Rezoning
A 0.34 acre parcel at the southeast corner of
N.W. 1st. Avenue and N.W. 6th. Street
Moderate Density Residential
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida
LAND USE:
LEGAL:
REQUEST:
REZONE:
From: R-2 (Duplex Residential)
To: PU (Public Usage)
All interested parties are advised that they may appear at these meetings in
person or be represented by attorney and be heard. Any person who decides to
appeal any decision of the Planning and Development Board or City Commission with
respect to any matter considered at these meetings will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
Publish:
Boynton Beach News
October 1 and October 13, 1992
Suzanne M. Kruse, City Clerk
City of Boynton Beach, Florida