AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dares in to City Clerk's Office
0 November 16, 1999
0 December 7, 1999
0 December 21, 1999
0 January 4, 2000
NATURE OF
AGENDA ITEM
Requested City Commission
Meetinl! Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
November 3, 1999 (5:00 p.m.) 0 January 18,2000
November 17, 1999 (5:00 p,m,) ~ February 1,2000
December 8.1999 (5:00 p.m.) 0 February 15,2000
December 22, 1999 (5:00 p,m,) 0 Marcb 7, 2000
January 5, 2000 (5:00 p.m,)
January 19, 2000 (5:00 p,m,)
February 2, 2000 (5:00 p.m.)
February 16,2000 (5:00 p.m.)
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place the request below on the February 1" City Commission agenda under Consent -
Ratification of the Planning and Development Board Action, The Planning and Development Board, with a 6-1 vote,
recommended approval without conditions, For further details pertaining to this request see attached Department of
Development Memorandum No, PZ 00-015,
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
SAMMY BERRY BUILDING
Kimberly A, Dellastatius AlA, PA
Sammy Berry Jr. and Eu!a Mason-Berry
110 Martin Luther King J, Boulevard
Request for relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum front setback of
30 feet to allow a 30 foot reduction, or a zero (0) foot setback.
Department of Development Director
City Manager's Signature
?r / (/ ~
Planning and Zon' irector
City Attorney / Finance / Human Resources
\\CH\MAlN\SHRDA. T AI.PLANNINCi\SHARED\WP\PROJECTS\SAMMY BERRY BVILDING\ZNCV\CC ITEM REQUEST 2-1-00 FONT YARD SETBACK.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #00-015
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
January 25, 2000
FileNo:
ZNCV 99-018 - Side yard setback from property line
ZNCV 99-019 - Front yard setback from property line
ZNCV 99-020 - Driveway distance from intersection
Location:
Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard,
Owner:
Sammy Berry Jr, and Eula Mason-Berry
Project:
A new one-story office/retail building,
Variance
Requests:
1) Request for relief from the City of Boynton Beach Land Development
Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a ten (10) foot
reduction from the minimum fifteen (15) foot side yard setback or a five (5) foot
front setback;
2) Request for relief from the City of Boynton Beach Land Development
Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a thirty (30) foot
reduction from the minimum thirty (30) foot front yard setback, or a zero (0) foot
front yard setback; and
3) Request for relief from Chapter 23, Parking Lots, Article II (H) (3), requiring a
minimum separation of one hundred-eighty (180) feet between a driveway and
intersection to allow a twenty-eight (28) foot reduction, or a separation of one-
hundred-fifty-two (152) feet.
BACKGROUND
The subject property and adjacent parcels are currently zoned C-2, Neighborhood Commercial.
The lot is currently vacant, clean of debris and overgrown grass, and conforming with the C-2
zoning district regulations, There is a mixture of built and vacant properties along this corridor of
Martin Luther King Boulevard, and the use to the west of the subject property, located at the
corner of Martin Luther King Boulevard and Sea crest Boulevard, consists of a restaurant (see
Exhibit "A" - location map), A site plan for this project has been submitted concurrently for City
consideration, reflecting those setbacks as proposed by the subject variances,
The subject variances are requested in order to place the building along the sidewalk, rather
than 30 feet back, and to allow the building to be shifted toward one side to facilitate placement
------_._-_..__.~--
Page 2
Sammy Berry
File No, ZNCV 99-019
of a hivo-way driveway along the opposite side and parking in the rear of the project. The Martin
Luther King Boulevard has been targeted for redevelopment efforts as documented in the
Vision 20/20 Redevelopment Plan, and will ultimately be the subject of a district design study
and new development regulations to implement said study and the vision for the corridor. The
new vision for the corridor is based, in part, on traditional design principles recommended for
the downtown area by the Redevelopment Plan, As the proposed project has preceded
establishment of the district plan and corresponding regulations, staff has alternatively chosen
to use the variance process to achieve the desired design for the project. The proposed project
would be a positive improvement for the corridor and a possible catalyst for similar future
interest and investment. Rather than possibly jeopardizing the project, or allowing it to be
constructed according to current regulations which contradicts the desired character for the
area, staff promotes the granting of variances in this case, or until such time that the
appropriate code revisions are made,
ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the
following:
a, That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b, That the special conditions and circumstances do not result from the actions of the
applicant.
c, That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
d, That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
e, That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure,
f, That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare,
Please see Exhibit "B" for the applicant's response to the above criteria,
The proposed project could be designed to comply with current setback regulations for this
property, without the granting of the subject setback variances, if the proposed design was
typical including placement of the building toward the center or rear of the property, and parking
in front of the building, However, this typical design objective generates a project that tends to
be "suburban" in character; lacks pedestrian-friendly characteristics such as a visually pleasing
Page 3
Sammy Berry
File No, ZNCV 99-019
streetscape fabric and more safe walking and biking environments, and could encourage or
support businesses and project signage which may contradict the vision for the area, This
segment of the Martin Luther King Boulevard corridor possesses characteristics similar to
Ocean Avenue, as it is a connector between two principle roadways, contains a mixture of land
uses including residential, and has been recommended for generally similar redevelopment
activities by the Vision 20/20 Redevelopment Plan (see Exhibit "C" - proposed site plan),
If designed according to existing development regulations for this zoning district, the typical
suburban project would be produced, Therefore, in an attempt to tailor the conventional design
as originally proposed by the applicant to conform to the intent of the redevelopment plan and
traditional urban design concepts, staff has recommended that variances be granted, Although
an urban design plan with corresponding overlay regulations (or code revisions) to allow, in
part, mixed uses, will eventually be prepared and processed, current development is subject to
existing development regulations which, in this case, are contrary to the ultimate desired design
of this district.
With respect to impacts upon adjacent properties, the proposed setbacks would not conflict with
any established building pattern along the corridor since existing building setbacks vary, most
existing commercial buildings were constructed in close proximity to the street, and since
several properties remain undeveloped,
With respect to the requested parking lot variance, which represents a reduction in the required
separation between a driveway and intersection, it should be noted that this is the maximum
distance the driveway could be placed from the intersection (the far side of the property is only
175 feet from the intersection), It should also be stated that regardless of project design, the
proposed driveway would not satisfy the required separation distance, and would therefore still
require code relief, Given that the driveway would be in excess of 150 feet from the
intersection, and that ultimate corridor design will in part, address traffic speed, safety will not
be reduced by the subject variance,
CONCLUSIONS/RECOMMENDA TION
As supported herein, staff recommends the subject variance requests be approved to support
the desirable design and development of this corridor which will ultimately be the subject of
design review pursuant to recommendations from the redevelopment plan and consistent with
current design concepts promoted by staff, No conditions of approval are recommended;
however, any conditions of approval added by the Planning and Development Board or City
Commission will be placed in Exhibit "0",
While staff does not endorse use of the variance process in cases absent of traditional
hardship, staff recognizes that the opportunity for area redevelopment has surfaced and desires
to support it without delay and negative affect on project initiative,
MRldim
g.\PlanningISHAREOIWP\PROJECTSISAMMY BERRY BUILDING\ZNC,^STAFF REP-fronl yard setback.doc
LOCAT\ON MAP EXHIBIT "A"
SAMMY BERRY BU\LD\NG
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KIMBERLY A I Lp~Yl;';i''''; ,:9
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DELLASTATIOUS AIA,PA
422 North Dixie Higll\vay
Uke Worth, Florida 33460
56 I -582-5622
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EXHIBIT "B"
-
December 2, 1999 REVISED 12114/99, liS/DO
Re: Sammy Berry Building Zoning Variance Submitl.1l, 110 Martin Luther King, 1r. Blvd,
We are proposing an appro,'<imately 2,950 sfOflice / Retail one story building on Martin Lutller King Ir. Blvd. Due to
the proposed redeveloplrent of Martin Luther King. Ir. Bh'd., we have been asked by the City to vohmlarily comply with
their redevelopment coocepts, We feel this is an exciting opportunity to help this area improve on an urban sc:1le,
Unfortunately tile codes and regul:llions are not in place at this time to help kick otftltis vision. Due to tltis I3ct, we are
put into a position to ask for vana.x.:s that we would not necessarily have to ask for, If we were to stick to tile
conventional site planning design as site forth in the current zoning code there would be no need for the following
setback variance,
11le City would like to see the building positioned closely to tile e:dsting RO.W, along the front property line witll tile
parlcing to tile rear of tile building. We can acbieve this by being granted a front and west side setba.ck variance, We are
requesting that tile west side setback be reduced from IS feet to 5 feet with allowance for a ma:<imwtl 3' building
overhang, and the front setback be reduced from 25 feet to zero setback Aclu:lJly, tile requested front setback would be
3 feet from the air conditioned or eoclosed building space with allowance for building overhang and/or columns to be in
tile 0' - 3' setback zone,
The requested variances fuI1 with-in the guidelines of the City's requirements, Me:ming tl13t tile following holds true for
the requested variances:
I, Special conditions and cUcumstaoces emt which are pecullilr to this parcel of land and are not applicable to otller
Jands in the same zoning district 11tis condition is due to the redevelopment which is proposed along the Martin
Luther King Ir" Blvd. RO,W,
2, This special condition did oot result from the actions of the appli= The City has requested the applicant
voluntarily confonn to the proposed improvements relative to the redevelopment of Martin Lutller King Ir,. Blvd.
3, Granting of the requests will not confer on the applicant any special privilege that is denied by tltis Ordinance to
other lands, buildings, or structures in the same zoning district
4, Literal interpretation of tile provisions oflhis cbapterwould deprive the applicant ofriglus commonly e1]joyed by
other properties in the same zoning district under the terms of the Ordinance and would worle unnecessazy and
undue hardship on the applicant
5, The variaoces requested are the minimum variances that will inalce possible tile reasoll3ble use of tile land, building.
or structwe,
6, The granting of these variances will be in harmony with the general intent and pwpose of this chapter and that such
variances will not be injurious to tile area involved or otllerwise detrimenl.1lto the public welfare,
11Jank you for your time and assistance concerning this malter, If you haye any questions, pI= feel free to contact me,
Sincerely.
KIMBERLY A.
DELLASTATIOUS AlA,PA
~~~~~~
President
EXHIBIT
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EXHIBIT "D"
Conditions of Approval
Project name: Sammy Berry
File number: ZNCV 99-019 (front yard setback)
Reference' Zonine: Code Variance Aoolication dated December 2 1999
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
L NONE, X
ADDITIONAL CITY COMMISSION CONDITIONS
2, To be determined,
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY SUILDING\ZNCV\COND. OF APPR CC 2-1-00 FRONT SETBACK.DOC
DEVELOPMElIc .. ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SAMMY BERRY
APPLICANT'S AGENT: KIMBERLY DELLASTATIOUS AlA, PA
APPLICANT'S ADDRESS: 516 S, Dixie Highway #1A
Lake Worth, FI 33460
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000
TYPE OF RELIEF SOUGHT: Front yard setback from property line (ZNCV 99-019)
LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard,
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above, The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief 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 relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
-1L HAS
HAS NOT
established by substantial competent evidence a basis for the relief 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 "0" with notation "Included",
4, The Applicant's application for relief is hereby
.lL GRANTED subject to the conditions referenced in paragraph 3 hereof.
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,
7, Other
DATED:
J"\SHROATA\PLANNING\SHARED\'I'JP\PROJECTS\SAMMY BERRY BUILDlNG\ZNCV\DEVELOPMENT OROER-1.19-OQ FRONT SETBACK DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
o November 16,1999
o December 7, 1999
o December 21, 1999
o January 4, 2000
NATURE OF
AGENDA ITEM
November 3,1999 (5:00 p.m.) 0 January 18, 2000
November 17, 1999 (5:00 p,m.) ~ February 1,2000
December 8,1999 (5:00 p.m.) 0 February 15, 2000
December 22, 1999 (5:00 p,m,) 0 March 7. 2000
January 5, 2000 (5:00 p,m.)
January 19,2000 (5:00 p.m.)
February 2, 2000 (5:00 p.m.)
February 16,2000 (5:00 p.m.)
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcemenl
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place the request below on the February I" City Commission agenda under Consent-
Ratification of the Planning and Development Board Action, The Planning and Development Board with a 6-1 vote,
recommended approval without conditions, For further details pertaining to this request see attached Department of
Development Memorandum No, PZ 00-014,
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
SAMMY BERRY BUILDING
Kimberly A, Dellastatius AlA, PA
Sammy Berry Jr, and Eula Mason-Berry
110 Martin Luther King J, Boulevard
Request for relief from Chapter 2, Zoning, Section 6(B)(3) requiring a minimum side setback of
15 feet to allow a 10 foot variance, or a 5 foot side setback,
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Department of Development Director
7;.,t/~
Planning and Zoni irector
City Attorney / Finance / Human Resources
\\CH\M:AfN\SHRDA TA\PLANNING\SHARED\WPlPROJECTS\SAMMY BERRY BUILDING\ZNCV\CC ITEM REQUEST 2.1.00 SIDE SETBACK.DOC
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #00-014
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
January 25, 2000
FileNo:
ZNCV 99-018 - Side yard setback from property line
ZNCV 99-019 - Front yard setback from property line
ZNCV 99-020 - Driveway distance from intersection
Location:
Martin Luther King Boulevard, 75 feet east of Sea crest Boulevard,
Owner:
Sammy Berry Jr, and Eula Mason-Berry
Project:
A new one-story office/retail building,
Variance
Requests:
1) Request for relief from the City of Boynton Beach Land Development
Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a ten (10) foot
reduction from the minimum fifteen (15) foot side yard setback or a five (5) foot
front setback;
2) Request for relief from the City of Boynton Beach Land Development
Regulations Chapter 2, Zoning, Section 6 (B) (3) to allow a thirty (30) foot
reduction from the minimum thirty (30) foot front yard setback, or a zero (0) foot
front yard setback; and
3) Request for relief from Chapter 23, Parking Lots, Article II (H) (3), requiring a
minimum separation of one hundred-eighty (180) feet between a driveway and
intersection to allow a twenty-eight (28) foot reduction, or a separation of one-
hundred-fifty-two (152) feet.
BACKGROUND
The subject property and adjacent parcels are currently zoned C-2, Neighborhood Commercial.
The lot is currently vacant, clean of debris and overgrown grass, and conforming with the C-2
zoning district regulations, There is a mixture of built and vacant properties along this corridor of
Martin Luther King Boulevard, and the use to the west of the subject property, located at the
corner of Martin Luther King Boulevard and Seacrest Boulevard, consists of a restaurant (see
Exhibit "A" -location map), A site plan for this project has been submitted concurrently for City
consideration, reflecting those setbacks as proposed by the subject variances,
The subject variances are requested in order to place the building along the sidewalk, rather
than 30 feet back, and to allow the building to be shifted toward one side to facilitate placement
of a two-way driveway along the opposite side and parking in the rear of the project. The Martin
Page 2
Sammy Berry
File No, ZNCV 99-018
Luther King Boulevard has been targeted for redevelopment efforts as documented in the
Vision 20/20 Redevelopment Plan, and will ultimately be the subject of a district design study
and new development regulations to implement said study and the vision for the corridor, The
new vision for the corridor is based, in part, on traditional design principles recommended for
the downtown area by the Redevelopment Plan, As the proposed project has preceded
establishment of the district plan and corresponding regulations, staff has alternatively chosen
to use the variance process to achieve the desired design for the project. The proposed project
would be a positive improvement for the corridor and a possible catalyst for similar future
interest and investment. Rather than possibly jeopardizing the project, or allowing it to be
constructed according to current regulations which contradicts the desired character for the
area, staff promotes the granting of variances in this case, or until such time that the
appropriate code revisions are made,
ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the
following:
a, That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b, That the special conditions and circumstances do not result from the actions of the
applicant.
c, That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
d, That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
e, That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure,
f, That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the publiC welfare,
Please see Exhibit "8" for the applicant's response to the above criteria,
The proposed project could be designed to comply with current setback regulations for this
property, without the granting of the subject setback variances, if the proposed design was
typical including placement of the building toward the center or rear of the property, and parking
in front of the building, However, this typical design objective generates a project that tends to
be "suburban" in character; lacks pedestrian-friendly characteristics such as a visually pleasing
streetscape fabric and more safe walking and biking environments, and could encourage or
Page 3
Sammy Berry
File No, ZNCV 99-018
support businesses and project signage which may contradict the vision for the area, This
segment of the Martin Luther King Boulevard corridor possesses characteristics similar to
Ocean Avenue, as it is a connector between two principle roadways, contains a mixture of land
uses including residential, and has been recommended for generally similar redevelopment
activities by the Vision 20/20 Redevelopment Plan (see Exhibit "C" - proposed site plan),
If designed according to existing development regulations for this zoning district, the typical
suburban project would be produced, Therefore, in an attempt to tailor the conventional design
as originally proposed by the applicant to conform to the intent of the redevelopment plan and
traditional urban design concepts, staff has recommended that variances be granted, Although
an urban design plan with corresponding overlay regulations (or code revisions) to allow, in
part, mixed uses, will eventually be prepared and processed, current development is subject to
existing development regulations which, in this case, are contrary to the ultimate desired design
of this district
With respect to impacts upon adjacent properties, the proposed setbacks would not conflict with
any established building pattern along the corridor since existing building setbacks vary, most
existing commercial buildings were constructed in close proximity to the street, and since
several properties remain undeveloped,
With respect to the requested parking lot variance, which represents a reduction in the required
separation between a driveway and intersection, it should be noted that this is the maximum
distance the driveway could be placed from the intersection (the far side of the property is only
175 feet from the intersection), It should also be stated that regardless of project design, the
proposed driveway would not satisfy the required separation distance, and would therefore still
require code relief. Given that the driveway would be in excess of 150 feet from the
intersection, and that ultimate corridor design will in part, address traffic speed, safety will not
be reduced by the subject variance,
CONCLUSIONS/RECOMMENDA TION
As supported herein, staff recommends the subject variance requests be approved to support
the desirable design and development of this corridor which will ultimately be the subject of
design review pursuant to recommendations from the redevelopment plan and consistent with
current design concepts promoted by staff, No conditions of approval are recommended;
however, any conditions of approval added by the Planning and Development Board or City
Commission will be placed in Exhibit "0",
While staff does not endorse use of the variance process in cases absent of traditional
hardship, staff recognizes that the opportunity for area redevelopment has surfaced and desires
to support it without delay and negative affect on project initiative,
MR/dim
S:\Plannlng\SHAREDlWPIPROJECTS\SAMMY BERRY BUILDING\ZNCV\STAFF REP-$Ide yard setback. doc
LOCATION MAP EXHIBIT "A"
SAMMY BERRY BUILDING
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KIMBERLY A I L-p~Y:;;i'\;'" ,'l':"j
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DELLASTATIOUS AIA,PA
422 North Dixie Iiighway
L<tke Worth, Florida 33460
561-582-5622
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EXHIBIT "B"
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December 2, 1999 REVISED 12/14/99, lI5100
Re: Sammy Berry Building Zoning Variance Submittal, 110 Martin Lullter King, Ir, Blvd,
We are proposing an approximately 2,950 sf Office 1 Retail one StOli' building on Martin LuUler King Ir, Blvd. Due to
the proposed redevelopment of Martin Luther King, Ir, Bh'd., we have been asked by the City to voluntarily comply with
their redevelopment concepts, We feel this is an exciting opportunity to Ilelp this area improve on an urban de,
U nfortlln3tely the codes and regulatiollS are oot in place at this tim: 10 Ilelp kick off Utis visiolt Due to this fact, we are
put into a position to ask for varian::<:s that we would oot necess:uily have to ask for, If we 'were to stick to tile
conventional site planning design as site forth in the current zoning code there would be 00 need for the fullowing
setback variance,
TIle City would like to see the building positioned closely to tile e.-cisting ROW, along the front property line wiU, tile
parking to tile rear of the building. We can achieve this by being granted a front and west side setback variance, We are
requesting that tile west side setback be reduced from 15 feet to S feet willt allowaro: for a ma.tirnwn 3' building
overhang, and the front setback be redIlced from 2S feet to zero setback. Actually, tile requested front setback would be
3 feet from the air conditioned or eoclosed building space willt allowance for building overhang and/or columns to be in
tile 0' - 3' setback zone,
The requested variances fill with-in the guidelines of the City's requirements, Meaning tI13t tile following holds true for
llte requested variances:
I, Special conditions and circwnstaoces e.-cist which are peculiar to tItis parcel of land and are oot applicable to otIler
lands in the sam: zoning district TItis condition is due to the redevelopment which is proposed along the Martin
Lullter King Ir., Blvd. RO,W,
2, This special condition did oot result from the actions of the applicant The City bas requested the applicant
voluntarily confonn to llte proposed improvements relative to the redevelopment of Martin LutIler King Ir" Blvd.
3. Granting of the requests will oot confer on the applicant any special privilege that is denied by tItis Onlinance to
ollter lands, buildings, or structures in the same zoning cilstrict
4, Literal intelJlretation of tile provisions of this chapter would deprive the applicant of rights commonly eqjoyed by
other properties in the same zoning district under the tenus of the Ordinan:e and would woek W1I1eCCSSaIj' and
undue hardship on the applicant
5, The variaoces requesled are the minimum variaoces that will make possible tile reasonable use of tile IaOO, building.
or structure,
6, The granting of these variances will be in harmony willt the general intent and purpose of this chapter and that such
variances will nol be injurious to the area involved or oUlerwise detrimental to llte public welfare,
TItank you for your time and assistance concerning this matter, If you have any questions, please feel free 10 contact me,
Sincerely,
KlMBERL Y A.
DELLASTATIOUS AlA,PA
.!~k.li9~~!~
President
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EXHIBIT "C"
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EXHIBIT "D"
Conditions of Approval
Project name: Sammy Berry
File number: ZNCV 99-018 (side yard setback)
Reference' Zoninl! Code Variance Aoolication dated December 2 1999
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined,
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY BUllDING\ZNCV\COND. OF APPR CC 2-1-00 SIDE SETBACK.DOC
DEVELOPMEI\, ORDER OF THE CITY COMMISS,_,~ OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SAMMY BERRY
APPLICANTS AGENT: KIMBERLY DELLASTATIOUS AlA, PA
APPLICANTS ADDRESS: 516 S, Dixie Highway #1A
Lake Worth, FI 33460
DATE OF RATIFICATION BEFORE CITY COMMISSION: FEBRUARY 1, 2000
TYPE OF RELIEF SOUGHT: Side yard setback from property line (ZNCV 99-018)
LOCATION OF PROPERTY: Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard,
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above, The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief 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 relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
...L- HAS
HAS NOT
established by substantial competent evidence a basis for the relief 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 "D" with notation "Included",
4, The Applicant's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof,
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.
7, Other
DATED:
S:\PLANNING\SHAREDWIJP\PROJECTS\SAMMY BERRY BUILOING\ZNCVlDEVELOPMENT ORDER-1-19-00 SIDE SETBACK.DOC
NOTICE OF PUBLIC HEARING
Richard Basehart of Basehart Consulting, Inc., agent for Woolbright Partners, Inc, has requested
conditional use and site plan approval to construct a building materials store at the southwest corner of 1-95
and Woolbright Road (southeast corner of Woolbright Road and Corporate Drive),
Legal Description: All of Parcel 1 and Parcel 3A, of the plat of Boynton Commerce Center,
according to the plat thereof, as recorded in plat book 46, pages 126 and 127
of the Public Records of Palm Beach County, Florida,
Proposed Use: Building materials store
PUBLIC HEARINGS TO CONSIDER THIS REQUEST ARE SCHEDULED BEFORE THE CITY
COMMISSION AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH
BOULEVARD, BOYNTON BEACH ON JANUARY 18, 2000, RESPECTIVELY, AT 7:00 P. M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file
any written comments prior to the hearing dates, Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may 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,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561 742-6260)
PUBLISH: JANUARY 8, 2000
The Post
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission
of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY
HALL COMMISSION CHAMBERS, 100 E Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, January 11, 2000 and on Tuesday, January 18, 2000, respectively, at 7:00 p,m, to
consider abandonment requests submitted by J, Robert Bray of WalMart Stores East, Inc, for
street right-of-way and special purpose easement abandonments, Said properties are more
particularly described as follows:
Street Easement
ABANDONMENT PIECE 2 (as identified within application)
A portion of that certain 30 foot road Right-of-Way lying between TRACTS 42
and 45, SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, as recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach
County, Florida, being more particularly described as follows:
Commence at the intersection of the existing South Right-of-Way line of Old
Boynton Road with the East boundary line of said Tract 45; run thence S,
01001 '48" E along said East boundary line a distance of 130,25 feet; thence N,
89009'06" E, a distance of 30,00 feet to a point on the West boundary line of
said Tract 42; thence N, 01000'36" W along said West boundary line, a distance
of 129,99 feet; thence S, 89050'16" W, a distance of 30,04 feet to the Point of
beginning,
Said parcel contains 0,0897 acres (3908,0 square feet) more or less,
ABANDONMENT PIECE 3 (as identified within application)
A portion of that certain 30 foot road Right-of-Way lying between Tracts 44 and
50, Subdivision of Section 19, Township 45 South, Range 43 East, as recorded
in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Begin at the Southwest corner of said Tract 44; run thence S, 87032'52" W, along
the South boundary line of the Southeast Yo of Section 19, Township 45 South,
Range 43 East, Palm Beach County, Florida, a distance of 30,01 feet to the
Southeast corner of said Tract 50; thence N, 01001'48" W along the East
boundary line of said Tract 50, a distance of 20,01 feet; thence 87032'52" E" a
distance of 30,01 feet to a point of the West boundary line of said Tract 44;
thence S, 01001'48" E, along the West boundary line of said Tract 44, a distance
of 20,01 feet to the Point of Beginning,
Said parcel contains 0,0138 acres (600,2 square feet) more or less,
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ABANDONMENT PIECE 4 (as identified within application)
A portion of that certain 30 foot road Right-of-Way lying between Lot A, Block 4
and Lot A, Block 5, Palm Beach Farms Co, Plat No, 8, as recorded in Plat Book
5, Page 73, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northwest corner of said Lot A, Block 4, run thence S, 01022' 26" E.
along the West boundary line of said Lot A, Block 4, a distance of 35,00 feet;
thence S, 87032'52" W" a distance of 30,00 feet to a point on the East boundary
line of said Lot A, Block 5; thence N, 01022'26" W, along the East boundary line
of said Lot A, Block 5, a distance of 35,00 feet to the Northeast corner of said Lot
A, Block 5; thence N, 87032'52" E, a distance of 30,00 feet to the Point of
Beginning.
Said parcel contains 0,0241 acres (1049,8 square feet) more or less,
Special Purpose Easement
ABANDONMENT PIECE 1 (as identified within application)
A portion of that certain 25 foot road Right-of-Way lying North of Lot A, Block 6,
Palm Beach Farms Co, Plat No, 8, as recorded in Plat Book 5, Page 73, Public
Records of Palm Beach County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of said Lot A, Block 6, run thence S, 87032'52" W
along the North line of said Lot A and the Westerly extension thereof, a distance
of 320.41 feet; thence N, 00052'59" W, a distance of 25,01 feet to the Southwest
corner of Tract 50, Subdivision of Section 19, Township 45 South, Range 43
East, as recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach
County, Florida; thence N, 87032'52" E along the South line of said Tract 50, a
distance of 320,19 feet; thence S, 01022'26" E along the Northerly extension of
the East line of said Lot A, Block 6, a distance of 25,00 feet to the Point of
Beginning,
Said parcel contains 0,1838 acres (8007,5 square feet) more or less,
ABANDONMENT PIECE 5 (as identified within application)
A Portion of that certain 25 foot road Right-of-Way lying North of Lot A, Blocks 4
and 5. Palm Beach Farms Co, Plat No, 8, as recorded in Plat Book 5, Page 73,
Public Records of Palm Beach County, Florida, being more particularly described
as follows:
Begin at the Northwest corner of said Lot A, Block 5, run thence N, 01022'26" W,
along the Northerly extension of the West line of said Lot A, a distance of 25,00
feet to a point on the South line of Tract 50, Subdivision of Section 19, township
45 South, Range 43 East, as recorded in Plat Book 7, Page 19 of the Public
Records of Palm Beach County, Florida; thence N, 87032'52" E, along the South
line of Tracts 50 and 44 of said Subdivision of Section 19, Township 45, South,
Range 43 East, a distance of 549,28 feet to a point on the West Right-of-Way of
Winchester Park Boulevard as described in deed recorded in Official Records
Book 5356, page 806 of the Public Records of Palm Beach County, Florida;
__~____J
thence S, 01018'43" E, along said West Right-of-Way line, a distance of 25,00
feet to a point on the North line of said Lot A, Block 4; thence S, 87032'52" W.
along the North line of said Lot A, Blocks 4 and 5, a distance of 549,25 feet to
the Point of Beginning,
Said parcel contains 0,3152 acres (13,732 square feet) more or less,
All interested parties are notified to appear at said hearings in person or by attomey 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 a
record of the proceedings and for such purpose may 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,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: The Post
December 27,1999
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH,
FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code of said City:
Owner:
David Chafin
Request:
Relief from Chapter 2, Zoning Section 5 (C)(2)(a), requiring
a minimum rear setback of 25 feet to allow a 9 and Y. foot
rear variance, or a rear setback of 15 and Y. feet to construct
an addition to a single family home,
Location:
640 Northeast 15th Place
Legal:
Lot 4, Yachtman's Cove according to the Plat recorded in
Plat Book 31 page 225 as recorded in the Public Records of
Palm Beach County, Florida; said land situate, lying and
being in Palm Beach County, Florida,
A PUBLIC HEARING before the Planning and Development Board will be held relative
to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach
Boulevard, Boynton Beach, Florida, on Tuesday, January 25,2000, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard or file any written comments prior to the hearing date, Any person who
decides to appeal any decision of the Planning and Development Board with respect to
any matter considered at this meeting will need a record of the proceedings and for
such purpose may 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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
January 10, 2000
,J.
,
DEPARTMENT OF DEVELOPMENT
"MORAN DUM NO. PZ 99-29'
TO:
Sue Kruse
City Clerk
f7J'(z'
Michael W. Rumpf "
Director of Planning and Zoning
FROM:
DATE:
December 30, 1999
SUBJECT:
Sammy Berry Building
Zoning Code Variance 99-018 (Side Setback)
Zoning Code Variance 99-019 (Front Setback)
Zoning Code Variance 99-020 (Driveway distance from intersection)
The legal advertisement for this request will be forwarded to your office after review by
the City Attorney, The requested variances are scheduled for the January 25, 2000
Planning and Development Board meeting,
- "lOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application have been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH,
FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code and parking lot regulations of said City:
,
Owner:
'f
Sammy Berry Building
Request:
Relief from Chapter 2. Zoning, Section 6(B)(3).
Requesting that west side setback be reduced from 15 feet
to 5 feet.
Request:
Relief from Chapter 2, Zoning, Section 6(B)(3),
Requesting that front setback be reduced from 30 feet to
zero (0) feet.
Request:
Relief from Chapter 23 Parking Lots, Article II(H)(3),
requiring a minimum separation of 150 feet between a
driveway and intersection to allow a 28 foot variance or
separation of 152 feet.
Location:
110 Martin Luther King Jr., Boulevard
Legal:
Lots 3 and 4, Block 5, Palm Beach Country Club Estates,
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 11, Page 43,
A PUBLIC HEARING before the Planning and Development Board will be held relative
to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach
Boulevard, Boynton Beach, Florida, on Tuesday, January 25,2000, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard or file any written comments prior to the hearing date, Any person who
decides to appeal any decision of the Planning and Development Board with respect to
any matter considered at this meeting will need a record of the proceedings and for
such purpose may 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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
January 10, 2000
KI::UUI:::S I t'UK t'Ut:SLI:SHINI.:i
LEGAL N - "eES AND/OR LEGAL ADVERTI...........,ENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two (2) working days prior to the first publishing date requested below.
.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: December 30. 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board
Public Hearina Notice for (meetina Januarv 25. 2000\ rear & side buildina setbacks
and parkina lot drivewav variances,
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Boarder, etc,)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All propertv Owners within 400 feet of propertv applicant
and Director of Plannina and Zonina
NEWSPAPER(S) TO PUBLISH:
The Post
PUBLISHED: Januarv 10. 2000
APPROVED BY:
(1) X r: "2-
(Originator)
<'z//7/P;;-
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDATA\PlANNING\SHARED\VVP\PROJECTS\SAMMY BERRY BUILD1NG\LEGAl NOTICE.DOC
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application have been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH
,
FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code and parking lot regulations of said City:
Owner:
Sammy Berry Building
Request:
Relief from Chapter 2. Zoning, Section 6(B)(3).
Requesting that west side setback be reduced from 15 feet
to 5 feet. ".-
Request:
Relief from Chapter 2. Zoning, Section 6(B)(3),
Requesting that front setback be reduced from 30 feet to
zero (0) feet.
Request:
Relief from Chapter 23 Parking Lots, Article II(H)(3),
requiring a minimum separation of 150 feet between a
driveway and intersection to allow a 28 foot variance or
separation of 152 feet.
Location:
110 Martin Luther King Jr., Boulevard
Legal:
Lots 3 and 4. Block 5, Palm Beach Country Club Estates,
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 11, Page 43,
A PUBLIC HEARING before the Planning and Development Board will be held relative
to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach
Boulevard, Boynton Beach, Florida, on Tuesday, January 25,2000, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard or file any written comments prior to the hearing date, Any person who
decides to appeal any decision of the Planning and Development Board with respect to
any matter considered at this meeting will need a record of the proceedings and for
such purpose may 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,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
January 10, 2000
.
NOTICE OF PUBLIC HEARING
PROPOSED EVALUATION & APPRAISAL REPORT EAR
AMENDMENTS FOR THE CITY OF BOYNTON BEACH
THE CITY OF BOYNTON BEACH, as shown on the map in this advertisement, pursuant to state law,
proposes to adopt amendments to its COMPREHENSIVE PLAN. The COMPREHENSIVE PLAN was
adopted in 1989 and is being revised through a series of amendments intended to update objectives and
policies to reflect accomplishments, change in City direction, and new state laws, The proposed
amendments regard school siting, and intergovernmental coordination, The City Commission will hold a
public hearing to review the proposed amendments on January 18, 2000 at 7:00 P,M, in the City
Commission Chambers at the Boynton Beach City Hall, 100 E. Boynton Beach Boulevard, The public is
invited to attend this meeting and comment on the proposed amendments, and/or view them between the
hours of 8:00 AM, and 5:30 P,M at the Planning and Zoning Division,
Q
e:.
I I I I~
o '-1m -'V
As a requirement of updating the City's comprehensive plan, the city shall modify both the Future Land Use
Element and Intergovernmental Coordination Element in accordance with Florida Statute sections
(55163,3184), (55163,3187 and (55163,3189) to adopt plan amendments as defined in section
163,3184(1)(b), Florida Statutes,
Specifically, the proposed amendments would in part, modify and add policies and objectives to the Future
Land Use Element to modify regulations relating to public schools, threshold acreage for new schools and
public facilities required for school operation, The Intergovernmental Coordination Element would be
updated to facilitate optimal coordination with adjacent local governments, the school board, and the Palm
Beach County Intergovernmental Plan Amendment Review Committee (IPARC),
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date, Any person who decides to appeal any decision of the
Planning and Development Board with respect to any matter considered at this meeting will need a record
of the proceedings and for such purpose may need to ensure that a verbatim record includes the testimony
and evidence upon which the appeal is to be based,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH:
January 13, 2000
The Post
NOTICE OF PUBLIC HEARING
PROPOSED EVALUATION & APPRAISAL REPORT EAR
AMENDMENTS FOR THE CITY OF BOYNTON BEACH
THE CITY OF BOYNTON BEACH, as shown on the map in this advertisement, pursuant to state law,
proposes to adopt amendments to its COMPREHENSIVE PLAN. The COMPREHENSIVE PLAN was
adopted in 1969 and is being revised through a series of amendments intended to update objectives and
policies to reflect accomplishments, change in City direction, and new state laws, The proposed
amendments regard school siting, and intergovernmental coordination, The City Commission will hold a
public hearing to review the proposed amendments on January 16, 2000 at 7:00 P,M, in the City
Commission Chambers at the Boynton Beach City Hall, 100 E, Boynton Beach Boulevard, The public is
invited to attend this meeting and comment on the proposed amendments, and/or view them between the
hours of 6:00 AM, and 5:30 P,M at the Planning and Zoning Division,
Cl.
I I I J,.~
.-. -
As a requirement of updating the City's comprehensive plan, the city shall modify both the Future Land Use
Element and Intergovernmental Coordination Element in accordance with Florida Statute sections
(ss163,3164), (ss163,3187 and (ss163,3169) to adopt plan amendments as defined in section
163,3164(1)(b), Florida Statutes,
Specifically, the proposed amendments would in part, modify and add policies and objectives to the Future
Land Use Element to modify regulations relating to public schools, threshold acreage for new schools and
public facilities required for school operation, The Intergovernmental Coordination Element would be
updated to facilitate optimal coordination with adjacent local governments, the school board, and the Palm
Beach County Intergovernmental Plan Amendment Review Committee (IPARC),
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date, Any person who decides to appeal any decision of the
Planning and Development Board with respect to any matter considered at this meeting will need a record
of the proceedings and for such purpose may need to erisure that a verbatim record includes the testimony
and evidence upon wh:ch the appeal is to be based,
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH:
January 13, 2000
The Post