LEGAL APPROVAL
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ORDINANCE NO. 77-'6
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINM~CE NO. 75-19 OF SAID CITY BY RE-
ZONING THE SOUTH HALF (Sl/2) OF LOT 3 AND THE SOUTH
HALF (Sl/2) OF LOT 4, LAUREL HILLS, A SUBDIVISION
RECORDED IN PLAT BOOK 2l, PAGE 38, (315 N. W. 7TH
STREET and 316 N. W. 7TH STREET, BOYNTON BEACH,
FLORIDA), FROM ZONE R-IA TO ZONE C-2; PROVIDING
FOR A SAVINGS CLAUSE, REPEALING PROVISION, AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
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WHEREAS, the City Council of the City of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 75-19 in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, the City Council deems in the best interests of
the inhabitants of said City to amend the said Revised Zoning
Map as hereinafter set forth.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: The following described parcels of land located
in the City of Boynton Beach, Palm Beach County, Florida, be and
the same are hereby rezoned from Zone R-IA to Zone C-2:
The South half (Sl/2) of Lot 3, LAUREL HILLS
Subdivision, according to the plat thereof on file
in the office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recoreded in Plat
Book 21, Page 38. (315 N. W. 7th Street, Boynton
Beach, Florida).
and
The South half (Sl/2) of Lot 4, LAUREL HILLS
Subdivision, according to the plat thereof on file
in the office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded in
Plat Book 21, Page 38. (316 N. W. 7th Street, Boynton
Beach, Florida).
Section 2: The said Revised Zoning riap of the City shall
be amended accordingly.
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Section 3: Separability: Lach of the provisions of this
Ordinance is separable, including word, clause, phrase or sen-
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remaining portion shall not be affected but shall remain in full
force and effect.
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Section 4: Repealing provision: All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
Section 5: An Effective Date: This Ordinance shall become
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effective in the manner and at the time provided by law.
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f- \ - day of ) U r.J c , A. D. ,
1977.
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First reading this
day of
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Second, final reading and passage this
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ATTEST:
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City Clerk
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CITY OF BOYNTON BEACH, FLORIDA
By: h~y2-;4
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/ i r.:.tj Vice
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Councllmember '
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ORDINANCE NO. 77-lS
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'I has heretofore adopted Ordinance No. 75-19 in which a Revised
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AN ORDINA1'JCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AL'\1ENDING ORDINANCE NO. 75-19 OF SAID CITY BY REZONING
THE SOUTH 156 FEET OF THE NORTH 450 FEET OF THE vlEST
QUARTER (W. 1/4) OF LOT 3, OF THE SUBDIVISION OF SECTION
20, TWP. 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, FLORIDA,
ACCORDING TO PLAT BOOK 1, PAGE 4, LESS THE EAST 3 ACRES,
AS DESCRIBED IN DEED BOOK 975, PAGE 125, PUBLIC RECORDS
OF PALM BEACH COUNTY, FROM ZONE R-.l-A TO C-l; PROVIDING
FOR A SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE
DATE AND FOR OT}illR PURPOSES.
WHEREAS, the City Council of the City of Boynton Beach, Florida,
Zoning Map was adopted for said City; and
WHEREAS, the City Council deems it to be in the best interests
of the inhabitants of said City to amend the said Revised Zoning
Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: The following described parcel of land located
in the City of Boynton Beach, Palm Beach County, Florida, be and
the same is hereby rezoned from Zone R-l-A to Zone C-l:
The South 156 Feet of the North 450 feet of the West
quarter (W. 1/4) of Lot 8 of the Subdivision of Section
20, Twp. 45 South, Range 43 East, Boynton Beach, Florida,
according to Plat Book 1, Page 4, less the East 3 Acres,
as described in Deed Book 975, page 125, Public Records
of Palm Beach County.
Location - North of 715 N. W. 2nd Avenue.
Section 2: The said Revised Zoning Map of the City shall be
amended accordingly.
I Section 3: Separability:
! I Ordinance is separable, including word, clause, phrase or sentence,
I! and if any portion thereof shall be declared invalid, the renaing
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II Section 4: Repealing Provision: All ordinances or parts of
I! ordinances in conflict herewith are hereby repealed.
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Each of the provisions of this
Section 5:
An Effective Date:
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effective in the manner and at the time provided by law.
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This Ordinance shall becoMe
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First reading this~'-' day of May, A.D., 1977.
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day of June,
Second, final reading and passage this
, A.D., 1977.
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ATTEST:
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City Clerk
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CITY OF BOYNTON BEACH, FLORIDA
By:
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"Mayor
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Counel1member --
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Councilmember
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MINUTES - PLANNING AND - 'ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JUNE 9, 1992
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The motion carried 6-1. (Mr. Miller cast the dissenting vote.)
Since other members of the audience wished to express their opinions, Chairman
Lehnertz advised them to appear before the City Commission on June 16, 1992.
c. OTHER.
1. Request for Walter Dutch to allow a lot zoned for residential use
and commercial use to be used for Commercial use as allowed by
Appendix A, Section 3.g. Division of a lot of record.
Mr. Cutro made the presentation. This property is located at the corner of NW
7th Street and Boynton Beach Boulevard. Mr. Dutch has requested a boundary
detenmination on his property. Mr. Dutch owns all of Lot 12 and the south 50'
of Lot 11. The south 125' of his property is zoned C-2 and the northern 50' is
zoned R-IA. It is Mr. Dutch's contention that his entire property should be
zoned C-2. Mr. Cutro stated that a portion of Lot 11 is now zoned C-2 which
allows the City to follow Appendix A, Section 3.5.g. Mr. Cutro quoted from that
section. The portion of Mr. Dutch's property which is zoned R-IA will yield a
single-family lot which is approximately 3,500 square feet. By developing that
50' of Lot 11 as residential, his ability to develop Lot 12 as commercial is
greatly reduced. Mr. Dutch has no ability to add additional land to the pro-
perty. '
Staff recommended that the north 50' be allowed to be used in the C-2 zoning
category. After discussions with the agent for the applicant, it was determined
that a better site plan can be yielded if that figure is changed to the northern
30 I.
A map was displayed for viewing by the members. It was determined that if the
building is shifted back, the proposed parking can be accommodated at the front
of the lot. The impact on Lot 2 across the street is greatly reduced. Mr.
Cutro would also add a recommendation that the building must be residential in
character to match up with the single-family homes in the area.
In response to a question posed by Mr. Miller, Mr. Cutro explained that the map
will not be changed, but the owner will be permitted to use the property as C-2.
That will be recorded on the map with an asterick and a explanation to see a
file for an explanation. This is not a zoning change. Mr. Cutro further
explained that in 1987, there was an application before the Board for a land use
plan amendment and zoning change for this property. Staff recommended against
it. Mr. Cutro disagreed with that staff report.
Staff recommends forwarding this application to the City Commission with a
recommendation for approval with the condition that the rear 30' be used for
drainage and landscaping and that the house be constructed in a residential
character.
Anna Cottrell~ 2000 Palm Beach Lakes Boulevard, West Palm Beach, represented the
owner and provided a history of the lot in question. It was explained that the
property was originally platted with twelve lots in the early 1950s. Soon after
that, an amended legal description created fifteen lots from the original
twelve. When Mr. Dutch purchased Lot 11.1, it appeared to include the property
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MINUTES - PLANNING AND ~ LOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JUNE 9, 1992
in question in the commercial zoning district. Since the owner paid cash for
the property, no investigation was made on the proper zoning map until 1987 when
there was an offer to purchase the property. At the time of closing, it was
determined that 50' of Lot 11.1 is in the residential zoning district. That has
rendered two lots unusable. She requested the combining of the lots to be used
for commercial purposes. That will eliminate the non-conforming lot in the
residential zoning district and add to the development potential of the commer-
cial lot. She thanked Sue Kruse and the City Clerk's Office for the assistance
they provided.
Mr. Miller was of the opinion that by penmitting this, the Board would be
pushing a zoning boundary. Mr. Cutro admitted that the provision allowing this
is unusual, but the alternative would be to go through a land use plan amendment
and a zoning amendment which will take approximately nine months. Mr. Cutro
feels his recommendation is an easier method of getting this done, but intends
to make this adjustment to the map and explain the change when the Comprehensive
Plan is done.
It was confirmed for Chainman Lehnertz that if this is approved, a site plan
will come before the Board when the properties are developed. Mr. Cutro further
pointed out that all site plans are now posted so that citizens are aware of
what is intended.
Motion
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Mr. Miller moved to appro~e request to allow a lot zoned for residential use
and commercial use to be~for commercial use as allowed by Appendix A,
Section 3.g. Division of a lot of record, subject to staff comments. Ms. Huckle
seconded the motion which carried unanimously.
COMMENTS BY MEMBERS
Ms. Stevens asked Mr. Cutro to keep her infonmed of the parking lot upgrading
situation on the ROllyson property behind Waste Management.
Commissioner AgUila thanked the Board for their actions during the past two
meetings. He has been informed by applicants, developers and citzens that busi-
ness is being conducted the way it should have been all along. Commissioner
Aguila is pleased with their perfonmance.
ADJOURNMENT
There being no other business, the meeting properly adjourned at 10:31 p.m.
~'In~
Janet M. Prainito
Recording Secretary
(Four Tapes)
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08/03/98 MON 01:08 FAX 5618636204
DUTCH HATFIELD
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561-844-0149
Fax .561-863-6204
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18636204 DUTCH HATFIELD
. /03198 ~:~:.~;:5~~~~t:.1 ?AG~) ~ i-~"-m:_~~}.I
MINUTES OF THE REGULAR cnv CClMMISSIOH ~Et.D IN tc:M4ISSION CHAMBERS,
CITY HALL. BOMON BEACH. FLORIDA. ON TUESDAY. ~UNE 16. 1992. AT 7:00 P. M.
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~f)r\16 5/ CbM~
J. Scott Miller. City Manager ~ l
James Cherof, clty Attorney
Sue Kru5e, City Cl: I f Ce /9 ;?,
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PRESENT
Arline We1ner. Mayor
Lynne Matson, Vice Mayor
Jose Agul1 a, Conrn1 S5 1 oner ,.
Edward Hanrnening, Commiss1one~
Robert Walshak, Commissioner
I. OPENINGS
A. Call to Order
B. InvoClt1cn
C. Pledge of Allegiance to the Flag
Mayor ~efner called the meet1ng to order at 7:00 P. M. and after a moment of
silent prayer, lid the Pledge of Alleg1ance to t~e Flag.
D. A~end& Approval
1. AddltIO"', Delettons. Correction'
Vice Mayor Matson added I.E.4, Update and Donat1on fram the Royal POfnc1ana
Festival. and VIII.B.l, Report on her appearance before the County Commission
regarding the Commun1t~ Development Block Grant.
Commissioner Aguila added VI1I.C.3 to request a volunteer to attend the
Metropolitan Planning Organization meeting in his place.
Mr. Miller deleted XI.D.l. regarding Ru1z vs. Off1eer Mary Hooper, et il. The
City made a settlement offer and has not received a response yet. Therefore,
Mr. Miller had nothing to report. He added X.H. regarding the beautification
project on Martin Luther King Boulevard rejection.
Mayor Weiner added ,1.0.3, Presentation of Certificate of Appreciation, and
t.E.5., Proclamation.
2. Adoot10"
V1ce Mayor Matson moved to adopt the agenda as &mended. Commissioner Agu11a
seconded the motion which carried 5-0.
3. '"$,,,tat'on
Mayor Wefner presented Bob Matson w1th a Certif1cate of Appreciation for
volunteer sup~ort provided to the City's 1992 Royal Poinciana Festival held on
Saturday, June 6, 1992.
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08/03/98 MON 01:09 FAX 5618636204
DUTCH HATFIELD
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON 8EACH, FLORIDA
JUNE 16, 1992
Baoltstop
Thomas T. McMurrain
American Development Corporation c/o Richard Boyer
1895 North Congress Avenue
S,te Plln Mod"'clt'on: ReQuest for site plan
approval to construct an 11,772 sQuare foot retail
.bookstore as an outpar~el at the Target Shopping
Center.
Mr. Cutro said this is a request by American Development Corporation to allow
the construction of an 11,77Z square foot bookstore at 1895 North Congress
Avenue, whieh 1s located in the Target Center. The applicant 15 requesting to
combine two existing outparcels from the original site ~lan and expand the floor
area to accommodate the proposed structure. Another outparcel exists on the
site. It should be noted that the applicant will need to have another traffic
study done in order to develop that site. He has run up his sQuare footage to
the point that what he is propos1ng on that site wil' have to be rereviewed by
the County. However, that does not affect this site at the present time. There
is enough square footage left in the original site plan to allow th1s to go for-
ward. Staff revtewed the proposed site plan and found that the s1te complies
with the various codes of the City, including the ~oning district it is located
1n, the Community Oes1gn Plan, and the Landscaping Code. The Planning and
Development Board reviewed the proposed s1te plan and forwarded it the City
Commission with a recommendation for approval.
z.
Project Name:
Agent:
OWner:
Locat1on:
Oeser; pt 1 on:. .
Commtssioner Aguila said at least two years ago when the Target site plan was
originally brought through the City, it was a project of his office. Since then
his office has done no work for Target. Target 15 no longer a client of his
office and his office has no I'ersonal gain. Mr. Cherof asked Conmiss1oner
Aguila if he has any work pending with that particular client or if he is owed
money from that ~roject that might be paid if this were approved. Commissioner
Aguila answered in the negative. Mr. Cherof advised he has no conflict.
Motion
Commissioner Hannen1ng moved to approve this request for site plan approval to
construct a 11,772 square foot retail bookstore as an outparcll at the Target
Shopping Center. Commissioner AgUila seconded the motion wh1ch carried 5-0.
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c. Other
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1. Request fram walter Dutch to allow I lot zoned for residential
use tnd commer1cll us. to b. used fot eammerctal us. IS allowed
by Appendix A. Sectten 3.g - d1vision of lot of record (eotner of
B~nton Beach Boulevard and N. W. 7th Court)
Mr. Cutro said this is a request by Walter DutCh for an exception to allow the
use of a portion of a lot that is split by a zoning boundary for a e-2 loning
use. This 1$ allowed by Appendix At Section 3.5.g. The subject property is
located at the northwest eorner.of Boynton Beach Boulevard and N. W. 7th Court.
The southern portion of the lot is zoned C-2, while the north fifty feet is
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 16, 199
zoned R-l-A and Mr. Dutch wishes to use the entire parcel as if it were zoned
C-2. It should be noted that a l~nd use plan amendment and rezoning of this
same property were den1ed 1n 19B7 by the City Commission and the Plann1ng and
Zoning Board. Staff reviewed tne request and feel~ it is reasonable since the
R-l-A section is approximately fifty by seventy, which would constitute about a
thirty-five hundred square 'foo~. lot. That lot is significantly smaller than
resldential lots around it~. In addition. the west side is zoned C-l. The
applicant has agreed to JJLmit thR ~~rth thirty fee~ n~~iRag8 and landscaoing,
which would prQvide a thirty foot buffer between the house on the north side of
this property from any building that might take place. Orfginally it was recom-
mended that the ~orth fifty feet be limited to that; however, after looking at a
proposed site p1an from the appllcant, 1f parking is put back there, it will be
even a greater impact. to the houses. It 15 better to p~t the parking in the
front and slide the building back a little bit more. The applicant has also
agreed to ma~e the building residential 1n ch~r~~t~r to fit in with the
surrounding houses. At its June 9, 1992 meeting, the Planning and Development
Board reviewed this request and forwarded it to the City Commission with a
recommendation for approval.
Anna Cottrell of Urban DeSign Studio. 2000 Palm Beach Lakes Boulevard, West Palm
Beach, stated that this will not only improve the developabi1ity of the one lot
that faces Boynton Beach Boulevard, but it also has the effect of eliminating a
currently nonconfonm1ng lot that is undevelopable. In addition, it gives the
City the ab11ity to impose some conditions on this development beyond the site
plan approval cond1tions.
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f Comm1ss10ner Hanmen1ng moved to approve the request from er Dutch to allow
, J ,\ a lot zoned for residential use and eomnercial use to be used or corrmerc a use
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J ~. as allowed by Appendix A, Section 3.g - division of lot 0 cord (corner of
e.! ., L::BOynton Beach 60ul evard and N. W. 7th Court. COlTlTliu1oner Wal shak seconded the
, j 'l' motion which carried 5-0.
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2. Request" \ 6 10n of the Knutb ROld PCD (west Boynton
Bou'- ~. Road, south~st corner). Tara Gaks PUD (East
~~~ \xt'nded south between the LWOO L-2S and L-26
NO I 'eath Boulevard PCD (South lide 0' West
S B I "d betwe~n North Congrl$$ Avenue and ~nuth
\;:; ~ to rf\ 'l\'C~
~\- . .' Q. 0 'I f1'"' 0 .."....l{)~ series of three planned developments tha
'if '010 ~& ~ .r.~\C\ December.of 1990. which 1ncludes the
Kr, 6''\' ... '-II '/S' 'd the Tara Oaks PUD. The City
Con ~\ t\\~~ ~'" ,1nary plat and the sHe plan for the
Knu\ \). (\~....\ ~b t". 'v ' wements have al ready been approved
for ~ " ~'D R.~~ ,150 had discussions with the appli
cant. \") ~l(...~ O~~ to do of' exot1c species on the
Boynto, (~ ~ { some progress made in terms of
trying \ 1~\/ .,s request has been diseussed \IIith
the Cont. 'O~ . \JDJect1ons have been raised to the
Mot1on
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APPENOIX A-ZONING
SoC. 3
Boynton Beach, and applicable provisions of
Chapter 163 of :Florida Statut~s, chal1gcs may be
made in district boundaries or other ma.tter
portrayed on the official 'Zoning' map by Bction of
the city council of Boynton Beach. Within thirty
(30) days after passage and the receipt of a
15ropcrIy attested copy of OJ. change or an
amendment b>> ordinance, the city j)lanner at
building offici<:ll shall make the proper cn<1nge on
-.:nc oUlciai ~onil)g map ana sna1'rkeep on We me-
copy at Ule change ana m:i'f;~ same avaTIable f'Q.r
-.eierence tor the general publlC. -
&les for inteTpret~tion of district boundaries.
n. Extent of district bou.ndcries: The zoning
within any district extends throughout the
entire area of the district unless otherwise
spccifiea.lly provided.
b. Boundary locations: District boundaries follow
lot lincs, eenterlines of' rfght-of:ways ot
streets, alleys. railroads, canals, iakes, the
corporate limits <:1$ they exist at the time of
t.his document, or other geo~l'aphical or
topographical features.
In unsubdivided property. unless dimen-
sioned. lines shall be determined by the use of
the scale on the map.
c. Boundaries following u,'cterwoy shorelin.es.
District boundaries will foHow changes in
shorelines, except where such interpretation
would changc the 20nin;:: classification of !1 lot
or parcel, and in each case, the interpretation
shall avoid changing the zoning of any lot or
parcel. .
Submerged lands shall tl.$sume the regulations
of the district adjacent as the district shall be
construed to extend into the water Drell in 11
l:ltrni~ht. projection until met centerwise by
other dist.ricts.
d. Boundaries concerning abandonmcnt_ If the
bound<lrics are not changed. the zoning of the
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08/03/98 !ljOI\ 01:U FAl\.56tf636204 I>Ul'CH H4TFiELD ~006
:O.UNTY OF PALM BEACH: NO r~ OF AD VALOREM TAXES AND NO~AD VAL~~~I;::iSMC.NTS
. ..i'.. . . ~-f>- ., "-
. .'PROPE.Rtv:CONT.RcL:NUMSER';':."':'.: .': YEAR" l'CODE":';":.'1 <. ./. /l.ECAL DESCRIPTION ",
. :':Hcii~':.:,+:3'::45:::Z;~'./~n:~:::j.:~:6o:C;~it:~i::i:~n;1::"J:991:;,"J::'h;'j.~:::tii;D'!~";.::'.<r;;!i ~i2PA R,( .'. '.::.' '.' ' "\
ASSESSED VA LlJ'E" EXEMPTIONS TAXABLE VALUE }S/SOF,T.OFLT..ll&L T 12 (LESS .~
77,838 77,838 \.S.:i3FT LAke AVE .'RD R/W) \
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I. I [111.1 111111111.1.111111111111..11111111111.1111111111111.1
DUTCH WALTER TR
240 SOUTHLAND RD
PALM B~ACH FL 33480-3417
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"}":'::~9HifK.~LARK.GFC, TAX COLLECTOR.
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* 'READ'.ReVERS:E'~i.D~BEFORECALL1NC .... *., . ..
"TEC~e~ONENO. . '.. ..... MILLAGE'
'''.56i:f:3 55~ 39 96 H4 . 600 0 .
. 561;)"~4 34-8a 37 . 6.4270
.. '561.'/::434.'-8837 ." .' 2.6330
5 6 i.~ 7 5- Ei 0 6 0 '1 . 925 1
". . "56l~\'68 6 -ss 00 .' .5970
.' ...05:~:l:):li:!i!i.-I:.()lO,' .......:: . .4530
~61j62,7-:3~8'. 0500 .
5 616 59~ 12 7 D .1. 160 U
561:,6~~":'880Q' ..... 1DO,O .'
:561:./35'5:;'3996: . ..2666
561A34';"S857. .' " . 't970
561375.;;'6060' .41ll
AD VALOREM TAXES
TAXI NG AUTHORITY
COUNTY
SCHOOL STATE
SCHOOL LOCAL
CITY OF BOYNTON BEACH
SO FLA WATER MANAGeMENT.Dt~t~
CHILDRENS SERVICES COONCIL'
F.I.N.D.
PBC HEALTH CARE DISTRICT
SFWMD EVERGLADES CONST PRCJ~CT ..'
COUNTY DEBT
SCHOOL . DEBt
CITY OF BOYNTON BEACHD~BT
TOTAL
1.955.26
TAX AMOUNT
358.05
5 0.0 .2 6
204.95
616.87
46.47
35.26
3.89
90.29
7. 76
20.75
38.69
32.00
NON.AD VALOREM ASSESSMEN'n~
LEVYING AUTHORITY
. .,t'READfUrVcRSE stOE8EFOREC::,lLLlNC .11
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'. ~MOUNT
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COMBINED TOTAL 1.J955.26
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p.~ ~_ liiiii<iii' ____:~_~... ,","" ,.APRIUMAy........, .,....._,JUNUJULY
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