LEGAL APPROVAL
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORI
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APPLICANT: BOYNTON BEACH COMMUNITY DEY-ELOPMENT
CORPORATION OFFICE
APPLICANTS AGENT: The Law Office of Allen Wm. Martincavaae. Sr.
DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96
TYPE OF RELIEF SOUGHT: Reauest for variance from the LOR. ChaDter 23 -
Parkina Lots.
EXHIBIT "B" ATTACHED HERETO.
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 Appli~nt
..::L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The ApplipAnt's application for relief is hereby
Y GRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
3
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
6. Other: Nc~~
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ORDINANCE NO. 096-",u \oJ
AN ORDINANCE OF THE CITY COMMISSION 0 \sU
THE CITY OF BOYNTON BEACH, FLORIDA
REGARDING THE APPLICATION OF BOYNTOr
BEACH COMMUNITY DEVELOPMENT CORPORATlm
AMENDING ORDINANCE 89-38 OF SAID CITY Bv
AMENDING THE FUTURE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND USE DESIGNATION IS
BEING CHANGED FROM MODERATE DENSITY
RESIDENTIAL TO OFFICE COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
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PLANNING "NO
ZOI~ING OEPT.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land Use
Plan and as part of said Plan a Future Land Use Element by
Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, The Boynton Beach Community Development
Corporation, owners of the property more particularly
described hereinafter, has requested the above mentioned Land
Use Element amendment; and
WHEREAS, the procedure for amendment of a Future Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the inhabitants of
said City to amend the aforesaid Element of the Comprehensive
Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Future Land Use of the following described land
shall be designated as Office Commercial. Said land is more
particularly described as follows:
Lots I, 2 and 3 of Block 27, Rolling
Green Ridge First Addition Subdivision.
Plat Book 24, Page 233 of the Public
Records of Palm Beach County, Florida.
Containing approximately 0.34 acres, more or less.
Section 2: That any maps adopted in accordance with the
Future Land Use Element shall be amended accordingly.
"-
Section 3:
..
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5: The effective date of this Ordinance shall
be: The date a final order is issued by the Department of
Community Affairs finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final
order is issued by the Administration Commission finding the
amendment to be in compliance in accordance with Chapter
163.3184, F.S.
FIRST READING this ~
day of
~v
, 1996.
SECOND, FINAL READING and PASSAGE this
/6
day of
-
VUL,y
, 1996.
CITY OF BOYNTON BEACH, FLORIDA
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ORDINANCE NO. 096-.37
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF BOYNTON
BEACH COMMUNITY DEVELOPMENT DISTRICT
(CDC); AMENDING ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM
R-l (SINGLE FAMILY RESIDENTIAL) to C-l
(OFFICE/PROFESSIONAL); AMENDING THE
REVISED ZONING MAP ACCORDINGLY; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
PWJN1NG ANI)
ZONING I)EPT.
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, The law office of Allen Wm. Martincavage, Sr.,
agent for the Boynton Beach Community Development Corporation,'
owner of the property more particularly described hereinafter,
has heretofore filed a Petition, pursuant to Part III of the
Land Development Regulations, Chapter 2, Zoning of the City of
i Boynton Beach, Florida, for the purpose of rezoning a certain
tract of land, said land being more particularly described
hereinafter, from R-l (Single Family Residential) to C-l
(Office/Professional); and
WHEREAS, the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as 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, as set follows:
Lots 1,2 and 3 of Block 27, Rolling Green
Ridge First Addition Subdivision. Plat
Book 24, Page 233 of the Public Records
of Palm Beach County, Florida.
Containing approximately 0.34 acres, more
or less
be and the same is hereby rezoned R-l (Single Family
Residential) to C-l (office/Professional). A location map is
attached hereto as Exhibit "A" and made a part of this
Ordinance by reference. Attached hereto as Exhibit "B" is a
copy of the conditions/requirements for this rezoning, which
i are incorporated herein.
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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.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective thirty-
one (31) days following adoption of the Ordinance, pursuant to
Florida Statutes.
FIRST READING this
~
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, 1996.
day of
day of
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/6
~v
, 1996.
CITY OF BOYNTON BEACH, FLORIDA
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EXHIBIT "B"
CONDITIONS TO REZONING APPROVED BY THE CITY COMMISSION ON
5/21/96:
1. Limiting building height to the
height restrictions of the existing R-l
zoning; and
2. Reverting the C-l zoning to the R-l
zoning if the use of the property and
building by CDC discontinues.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16, 1996
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No. 096-37,
Commissioner Tillman seconded the motion, City Clerk Sue Kruse polled the vote, The
vote was unanimous,
o Proposed Ordinance No. 096-38 RE:
"\ Development Corporation (CDC)
Attorney Cherof read Proposed Ordinance No, 096-38 by title only,
Land USe Amendment - Community
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 096-38, Vice Mayor
Jaskiewicz seconded the motion, City Clerk Sue Kruse polled the vote. The vote was
unanimous,
B, Ordinances -1st Reading:
1, Proposed Ordinance No. R96-32 RE: Amending the land development
regulations to provide for a restriction on the location of communication towers
Attorney Cherof read Proposed Ordinance No, 096-32 by title only,
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No, 096-32 on first reading,
Commissioner Bradley seconded the motion,
Mayor Taylor referred to the third "Whereas" paragraph of the Ordinance, and questioned
why the M-1 District was not included as it was in the fourth "Whereas" paragraph,
Attorney Cherof advised that he revised Page 1 of the Ordinance to include the M-1
District, and apologized that the Commissioners did not receive that revision,
City Clerk Sue Kruse polled the vote. The vote was unanimous,
35
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16,1996
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No, 096-34,
Commissioner Bradley seconded the motion, City Clerk Sue Kruse polled the vote, The
vote was unanimous,
3, Proposed Ordinance No. 096.35 RE: Amending Internal Revenue Code
for Fire Pension
Attorney Cherof read Proposed Ordin,ance No, 096-35 by title only,
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Tillman moved to approve Proposed Ordinance No, 096-35, Commissioner
Titcomb seconded the motion, City Clerk Sue Kruse polled the vote, The vote was
unanimous,
4, Proposed Ordinance No. 096-36 RE: Amending Internal Revenue Code
for General Employees Pension
Attorney Cherof read Proposed Ordinance No, 096-36 by title only,
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No, 096-36 as read,
Commissioner Bradley seconded the motion, City Clerk Sue Kruse polled the vote, The
vote was unanimous,
5, Proposed Ordinance No. 096.37 RE: Rezoning - Community Development
Corporation (CDC)
Attorney Cherof read Proposed Ordinance No. 096-37 by title only,
34
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 16,1996
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No, 096-37,
Commissioner Tillman seconded the motion, City Clerk Sue Kruse polled the vote, The
vote was unanimous,
6, Proposed Ordinance No. 096-38 RE: Land Use Amendment - Community
Development Corporation (CDC)
Attorney Cherof read Proposed Ordinance No, 096-38 by title only,
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE,
Motion
Commissioner Tillman moved to approve Proposed Ordinance No, 096-38, Vice Mayor
Jaskiewicz seconded the motion, City Clerk Sue Kruse polled the vote, The vote was
unanimous,
B, Ordinances -1st Reading:
1, Proposed Ordinance No. R96-32 RE: Amending the land development
regulations to provide for a restriction on the location of communication towers
Attorney Cherof read Proposed Ordinance No, 096-32 by title only,
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No, 096-32 on first reading,
Commissioner Bradley seconded the motion,
Mayor Taylor referred to the third "Whereas" paragraph of the Ordinance, and questioned
why the M-1 District was not included as it was in the fourth "Whereas" paragraph,
Attorney Cherof advised that he revised Page 1 of the Ordinance to include the M-1
District, and apologized that the Commissioners did not receive that revision.
City Clerk Sue Kruse polled the vote, The vote was unanimous,
35
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 2, 1996
Motion
Commissioner Titcomb moved to approve Proposed Ordinances 096-34, 096-35, and
096-36 on first reading, Commissioner Bradley seconded the motion, A roll call vote was
polled by the City Clerk, The motion carried 5-0,
3. Proposed Ordinance No. 096.35 Re: Amending Internal Revenue
Code for Fire Pension
See Item X,B,2,
4. Proposed Ordinance No. 096-36 Re: Amending Internal Revenue
Code for General Employees Pension
See Item X,B,2,
-/
Proposed Ordinance No. 096-37 Re: Rezoning - Community
Development Corporation (CDC)
City Attorney Cherof read Proposed Ordinance No, 096-37 by title only,
5.
Motion
Commissioner Bradley moved to approve Proposed Ordinance No, 096-37 on first
reading, Commissioner Titcomb seconded the motion, A roll call vote was polled by the
City Clerk, The motion carried 5-0.
6. Proposed Ordinance No. 096-38 Re: Land Use Amendment -
Community Development Corporation (CDC)
City Attorney Cherof read Proposed Ordinance No, 096-38 by title only,
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No, 096-38 on first reading,
Commissioner Bradley seconded the motion, A roll call vote was polled by the City Clerk.
The motion carried 5-0,
45
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 2, 1996
Motion
Commissioner Titcomb moved to approve Proposed Ordinances 096-34. 096-35. and
096-36 on first reading, Commissioner Bradley seconded the motion, A roll call vote was
polled by the City Clerk, The motion carried 5-0,
3. Proposed Ordinance No. 096.35 Re: Amending Internal Revenue
Code for Fire Pension
See Item X,B,2,
4. Proposed Ordinance No. 096-36 Re: Amending Internal Revenue
Code for General Employees Pension
See Item X,B,2,
5. Proposed Ordinance No. 096.37 Re: Rezoning - Community
Development Corporation (CDC)
City Attorney Cherof read Proposed Ordinance No. 096-37 by title only,
Motion
Commissioner Bradley moved to approve Proposed Ordinance No, 096-37 on first
reading, Commissioner Titcomb seconded the motion. A roll call vote was polled by the
City Clerk, The motion carried 5-0.
J
Proposed Ordinance No. 096-38 Re: Land Use Amendment -
Community Development Corporation (CDC)
City Attorney Cherof read Proposed Ordinance No, 096-38 by title only,
6.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No, 096.38 on first reading.
Commissioner Bradley seconded the motion, A roll call vote was polled by the City Clerk,
The motion carried 5-0.
45
X. LEGAL
B5. B6
cc: Plan, Dev., Util.
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO, 96-344
Agenda Memorandum for
~uly 2, 1996 City Commission Meeting
TO:
Carrie Parker
City Manager
Tambri J. Heyden -;5.,}
Planning and Zoning Director
FROM:
DATE:
June 27, 1996
SUBJECT:
Boynton Beach Community Development Corp. (LUAR 96-008)
Ordinances for Land Use Plan Amendment and Rezoning
Please place the above-referenced items on the July 2, 1996 City
Commission meeting agenda under Legal - Ordinances, First Reading,
DESCRIPTION: As originally described in Planning and Zoning
Department Memorandum No, 96-243, the law office of Allen Wm,
Martincavage, Sr" agent for the Boynton Beach CDC, proposes to
change the land use and zoning on 0.34 acre of property located at
the southwest corner of Gateway Boulevard and N. Seacrest
Boulevard. The current land use and zoning on this property is
Moderate Density Residential and R-1, Single Family Dwelling
District, respectively. You will recall that this amendment and
rezoning are prerequisites to the applicant's plan of converting
the existing (vacated) single family house into an office for the
Boynton Beach CDC.
On May 21, 1996 the City Commission approved this request to amend
the Future Land Use Plan and rezone, subject to conditions endorsed
by the City Attorney and which include the following:
1) Limiting building height to the height restrictions of the
existing R-1 zoning; and
2) Reverting the C-l zoning to the R-1 zoning if the use of the
property and building by the CDC discontinues.
RECOMMENDATION: Staff recommends that these ordinances be
approved.
TJH:mr
Attachments
MISCXIII:CDCORDS.AGM
MEET,NG MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 11,1996
Ms, Heyden reported on the City Commission action as follows:
Conditional Use for St. Joseoh's EoiscoDal Church and School
Approved subject to this board's recommendation regarding screening of the
air conditioning units and of the existing units on the gymnasium.
Hills at Lake Eden PUD Chance in Zonina Conditions - Denied,
Land Use Amendment/Rezonina for Bovnton Beach CDC - Approved
subject to this board's recommendation regarding height and zoning
reversion when the use is discontinued,
Site Plan for Nautlca Sound - Approved subject to the recommendations
made by this board. With regard to signage, sign area is interpreted by
calculating the individual letters,
Knuth Road PCD Service Station Site Plan - Approved subject to staff
comments and recommendations of this board regarding cross access to the
adjacent parcel.
Bovnton Beach Mall DeDartment Store F - Approved subject to staff
comments. The City Commission decided that the variance granted in the
1980s applied to the new parking area; therefore, no wheel stops will be
required. With regard to the height of the entrance feature, the City Attorney
determined that the applicant is eligible to apply for a height exception. That
is currently in progress. With regard to the comments relative to
landscaping. there were minor changes.
Vlnlnas Phase II - Approved subject to staff comments.
Two Ordinances:
1. environmental Regulations - Adopted
2. DrIve-through window change to Community Design Plan -
Approved on second reading with two minor changes.
Ms. Heyden advised that there will be a special Planning and Development Board meeting
on Tuesday, June 25, 1996.
In response to Chairman Dub8's question, Ms. Heyden advised that medical offices are
going into the facility located at the southwest corner of Woolbright Road and Congress
Avenue (old Glendale Federal Bank building).
2
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Ellen Smith presented a petition signed by over 75 residents of Lake Eden in opposition
to this project as proposed tonight, and asking the developer to fulfill his original
commitment.
John Miller lives at 1 NW, 24th Court in Delray Beach, which is approximately 75 to 100
yards south of the subject property, He stated that the city and homeowners have already
compromised in an endeavor to make this marketable, Marketability is incumbent upon
the developer, not us, During their presentation, they dwelt on the properties to the east,
north, and south of them and cited some very isolated examples, The majority of the
homes are very large lake front homes, Mr, Miller felt the developer is trying to anneal
himself to the higher value homes just to the west of him, and if he builds small $100,000
to $120,000 homes, he is borrowing the value of our homes and maybe even taking that
from us to add onto his, He implored the City Commission not to do this, Also, the higher
densities are going to affect the cause that Karen Marcus is championing in West Palm
Beach. He also asked the Commission to take into consideration the impact that this
development would have on the schools, If there is an entrance to the Hills at Lake Eden
on Swinton, how are we going to get those people out when they want to go north at the
intersection of Mission Hill and Seacrest, which is already a very dangerous and highly
over traveled intersection, He would rather see the entrance on the much more traveled
road, which is Seacrest.
Motion
Commissioner Bradley moved to deny Newport Properties' request to amend the original
March 19th zoning conditions, Commissioner Titcomb seconded the motion, which carried
5-0,
Location:
The Boynton Beach Community Development
Corporation (CDC)
Law Office of Allen Wm, Martincavage, Sr.
The Boynton Beach Community Development Corporation
(CDC)
Three parcels totaling 0.339 acre at 2191 Seacrest Boulevard
(southwest corner of Gateway Boulevard and Seacrest
Boulevard)
LAND USE AMENDMENT/REZONING: Request to amend
the land use from Moderate Density Residential to Office
Commercial and to rezone from R-1 (Single Family
Residential) to C-1 (Office/Professional)
C, Project Name:
Agent:
Owner:
Description:
22
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Diana Hileman of the law office of Allen Wm. Martincavage, Sr, stated that the Boynton
Beach Community Development Corporation is a nonprofit corporation that acts to help
working people obtain affordable housing in the Boynton Beach area, and also to help
improve the community itself, The land use amendment/rezoning is being requested
because the CDC wants to use a building on one of the parcels as their office to accept
applications for their project. Currently, the use, the way it is zoned, is really not feasible
any longer due to the close proximity of the 1-95 Gateway interchange and we feel, based
on these special circumstances, that this request would improve the site and would help
to improve the community, She said conditions were discussed at the Planning and
Development Board meeting and the CDC has no problems with maintaining the height
restrictions at the current R-1 zoning and with the reversion condition, She advised that
the deed contains a reversion clause back to the city if that property is no longer used for
the purposes that the Boynton Beach CDC is using it.
Ms. Heyden stated that this is a rezoning from R-1 to C-1 for three parcels at the southwest
comer of Gateway Boulevard and North Seacrest Boulevard, Staff recommended approval
of this request because it is consistent with the Comprehensive Plan, because of the
expansion of Gateway Boulevard, because there is existing infrastructure to support the
rezoning, and because of the benefits to the community of this type of use in that
neighborhood,
Ms. Heyden advised that the Planning and Development Board recommended limiting the
building height to the building height of the current R-1 zoning, Both allow a maximum of
25 feet, but in the C-1 zone, you are allowed to go to 30 feet if you have under building
parking, The Planning and Development Board also recommended that if the use were
to discontinue, it revert to the R-1 zoning. Ms, Heyden pointed out that the deed does not
include the reversion of the zoning, Also, the deed only covers two of the three lots, She
advised that these conditions were discussed with the City Attorney and are acceptable,
Mayor Taylor asked how much parking they are providing, Ms, Heyden stated that this will
be addressed when it goes through site plan approval. The square footage would be
based on one space for every 300 square feet of the building. She was not sure how many
square feet there is in the building,
No one in the audience wished to address this item,
Vice Mayor Jaskiewicz felt the services that will be provided would be advantageous to the
residents, and that this would be an aesthetic improvement to the area,
23
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Motion
Vice Mayor Jaskiewicz moved to amend the land use from moderate density residential to
office commercial, and to rezone from R-1, single-family residential, to C-1, office
professional. Commissioner Tillman seconded the motion,
Mayor Taylor shared Vice Mayor Jaskiewicz' view, He said we have been waiting a long
time to see that corner improve, He hoped this will do it and that whoever takes it over
maintains it.
The motion carried 5-0,
0, Project:
Location:
Oescription:
Boynton Beach Mall Department Store F
801 North Congress Avenue
PARKING LOT VARIANCE: Request for relief from City of
Boynton Beach Land Development Regulations, Chapter 23
- Parking Lots, Article II, 1.1, - Parking lot layout, to reduce the
back-up space from 27 feet to 25 feet for two-way parking on
both sides of access aisles on each of the two levels of a
proposed parking garage and reduce the length of parking
spaces that abut the perimeter of the two levels of the
parking structure from 18 feet to 17,25 feet
Mac Conahan represented the applicant. He stated that the initial variance that was
requested was not acceptable to the city staff, but staff worked with us and provided
suggestions, and the applicant is now requesting what staff recommends,
Ms, Heyden gave a summary of what this entails, The access aisles or traffic ways where
you have parking on either side, require 27 feet. The applicant is short 2 feet on the
access aisle where the ramp is connecting the two stories, The applicant is also short 2
feet on the access aisles on the ends of the building. Our parking lot regulations also
require that our parking spaces be 18 feet deep, The applicant is 8 inches short of that 18
feet on all the parking spaces around the perimeter of the structure, Staff recommends
that the walls of the parking structure be pushed out 2 feet 8 inches on the north and south
walls and that the east and west walls be pushed out 8 inches, So essentially, the first part
of the variance goes away, Regarding the access ramp and the 2 foot shortage on the
access aisle, staff recommends that the 2 foot shortage be eased by allowing a shortage
of 1 foot on each of the access aisles north and south of the ramp, Mr. Conahan agreed
to this,
24
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Land Use Amendment/Rezonlna
3.
Project Name:
Agent:
Applicant/Owner:
The Boynton Beach Community Development
COIpOl8tlon (CDC)
La. Office of Allen Wm. Martincavage, Sr,
The Boynton Beach Community Oevelopment
Corporation (COC)
Three parcels totaling 0,339 acre at 2191 Seacrest
Botievard (southwest corner of Gateway Boulevard
and Seacrest Boulevard)
RelJIest to amend the land use from Moderate
Density Residential to Office Commercial and to
rezone from R-1 (Single-Family Residential) to C-t
(Ollice/Professional)
location:
Description:
At the board's request, no staff presentation was provided.
Chairman Dube was under the impression that the use intended was a temporary use, and at some
point in time, there would no longer be a need for the use at this location. Once the parcel is
rezoned to C-l, someone else could come in wilh plans for a two-story office building,
Ms. Heyden explained that the uSe intended is not a temporary use.
Diana Bowman. attornev with the law firm of Allen Martlncavaae. 1200 South Federal
Hlahwav. represented the Boynton Beach Community Development Corporation. This building will
be used for their offiCes, The BBCDC is a non-profit corporation that helps working couples or
single people buy affordable housing, This corporation's main goal is to help beautify and increase
property values in the City, The BBCDC already owns these three lots which are in the
neighborhood where they are working to help people get affordable housing, Because this land is
so close to the 1-95 interchange, it is not beneficiallD keep it as residential. This will be used as an
offiCe to take applications from prospective home buyers, In addition, there will be board meetings
of the organization held at this location on a monthly basis,
Mr. Aguila questioned what would happen in the future if Gateway Boulevard is widened, Ms,
Heyden said such a move would probably render the building unusable, The building is only 3' back
from the sidewalk. Mr. Aguila pointed out that if this did happen, the BBCDC would no longer be
there, but the zoning would be C-l. He questioned whether the zoning could be conditioned upon
that building and that use, and it reverts back to original zoning should, by widening the road, or by
the BBCDC moving, or whatever, they no 10::;jl!I' use that site, Ms, Heyden felt that was a
reasonable condition,
Ms, Heyden also pointed out that at this time, the rezoning is in connection with this particular use.
However, if the road is not widened and someone else in the future wants to redesign the building,
they would be allowed whatever height is allowed in the zoning district. Her suggestion is to limit
the height to one-story, Mr, Aguila recommended ac:kling the condition that the height remain at one
story,
Mr, Rosenstock expressed concern about the legality of the board's ability to do this pending the
6
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
conditions mentioned by Mr, Aguila, He feels the City Attorney should check this out to see if this
zoning change can be approved with the conditions discussed, At this point, he would vote against
this,
Mr. Aguila feels Mr, Rosenstock's concerns were legitimate, He suggested approving the project,
and prior to the City Commission meeting, the Gity Attorney can investigate this situation prior to
approval by the City Commission,
CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING,
Ernestine McCloud, 2181 NW 1 Street asked if the City would be willing to buyout the rest of the
residential if the zoning is going to change, She explained that she is located right at the corner of
Gateway Boulevard,
Chainnan DuM explained that this change will improve the area because this building is currently
an eyesore, The BBCDC will be improving the building. The board is now discussing including
restrictions on the rezoning so that it cannot be converted into an unsightly office building which
would change the area. Only three lots will be rezoned to C-1,
Shirlev Jaskiewicz. 1917 SW 13 Avenue. was happy that the board is taking action on this
property because it is currently an eyesore, This particular corner is as wide as it will eVer be, It is
currently four lanes with turn lanes on both sides. There will be improvements from Seacrest to
Federal Highway with regard to widening the road slightly; hOwever, it will only be widened to three
lanes,
Ms. Heyden advised that the building will not change, but there will be a parking lot constructed with
landscaping, That area will faCe Mrs, McCloud's property,
In Vice Chairman Golden's opinion, there is a larger issue here that has been overlooked, When
he worked as a member of City staff in the 1980s, prior to the construction of the interchange, there
were SeVeral developers who asked about the opportunities to rezone this area east of 1-95, The
developers realized that with the interchange going in, this area would be a prime location for
commercial development. If this request is approved, it will set the stage for other developers to
request rezoning of other parcels in the area, Since this area is a great location for commercial
development and a major entrance to the City, the City should develop a plan for this area which
would provide something nice as an entrance feature,
Motion
Mr, Aguila moved to approve the request to amend the land use from Moderate Density Residential
to OffiCe Commercial and to rezone from R-1 (Single-Family Residential) to C-1
(Office/Professional) with the following conditions:
1, Should the Boynton Beach Community Development Corporation relocate to another
site, the zoning reverts back to the R-1 adjacent zoning classification;
2, that the height of the building comply with R-1 zoning; and
3, that the City Attorney confinn to the City Commission that these conditions are legal.
7
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
Mr. Rosenstock seconded the motion.
Vice Chairman Golden advised that he would not support this request because he feels that
approving this request will set the stage for something that may be undesirable down the road in
terms of other rezonings. He feels there should be a master plan,
Mr, Aguila felt Vice Chairman Golden made a very good point. but he dOes not anticipate a problem,
Mr, Rosenstock questioned whether Vice Chairman Golden's point was being defeated by the fact
that Mr. Aguila makes the point that once this occupant leaves that location, the zoning will revert
to the original zoning category,
Vice Chairman Golden is still concerned that while this is zoned commercial, developers could come
in for rezonings on property within the area,
Attomey Bowman explained that there is a stipulation in the deed from the City which states that if
the use is ceased, the zoning will revert back.. Vice Chairman Golden advised that he is not
concerned about this property, but he does have concern about other properties in the area,
Mr. Wische explained that future requests can be dealt with when they are received.
The motion carried 6-1. (Vice Chairman Golden cast the dissenting vote,)
B. SITE PLANS
New Site Plan
1,
Project Name:
Nautlca Sound
(fIkla Knollwood Groves PUD)
Kmynl, Janssen
Kilday and Associates, tnc,
Alan Fant, GL Homes of Boynton Beach "
COIpOration
Northwest corner of Lawrence Road and the LWDD
L-19 canal
Request for site plan approval of private recreation,
cOrmlon area landscaping, and project signage for a
424 unit, single-family residential PUD
Agent:
Applicant/Owner:
Location:
Description:
No presentation was made by staff,
Pauline Walter, Kildav & Associates. 1551 Forum Place. West Palm Beach. said there are
several comments requiring discussion, However, she raised one additional issue. This project
abuts Hypoluxo Road. The originally-submitted landscape plans proposed only landscape and
berming around Hypoluxo Road. Based on in-house discussion, the applicant would like to amend
the plans to propose a wall within the Hypoluxo Road buffer, The wall would be centrally located
within the buffer, All of the required landscaping would be on the northern (exterior) side of the wall,
Additional landscaping would be put on the southern side of the wall, The color of the wall would
8
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-161
Sue Kruse, City Clerk
Tambri Heyden, Planning and Zoning Director~~
DATE: March 27, 1996
TO:
FROM:
SUBJECT: Boynton Beach CDC (LUAR 96-001)
Application for Land Use Amendment/Rezoning
Attached, please find the above-referenced application and related
documents as submitted to the City by the Boynton Beach Community
Development Corporation. The public hearings for this application
are scheduled for May 14, 1996 (Planning & Development Board) and
May 21, 1996 (City Commission). Please notify accordingly those
individuals owning property located within 400 feet of this
proposed change. Lastly, I expect to have a newspaper
advertisement circulating for approval by April 22, 1996. If you
have any questions on the application materials or the dates
indicated, please contact Mike Rumpf.
MISCXI : 9BCDC SUE
-Lr
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
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 eight (8) working days
prior to the first publishing date requested below,
ORIGINATING DEPARTMENT: Planninq and Zoninq Department
PREPARED BY: Michael Rumpf
DATE PREPARED: April 10. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Reclassifvinq and rezoninq
property at the southwest corner of Seacrest Blvd. and Gateway
Boulevard for the planned office of the Boynton Beach CDC.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
as required by Florida Statutes
SEND COPIES OF AD TO: Newspaper. Planninq Department
NEWSPAPER(S) TO PUBLISH: The News
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
~
(1) ~.~
(Department
tf-L-
4//1hG"
/ (Date)
(2)
(City Attorney)
(Date)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
MISCXIII;BBCDC.AD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of the
CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P,M., or as soon
thereafter as the agenda permits, on Tuesday, May 14, 1996, at City Hall
Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to
consider an application for LAND USE AMENDMENT/REZONING covering the
parcel of land described below. Also, a PUBLIC HEARING will be held by
the City Commission of the City of Boynton Beach on the request below on
May 21, 1996 at 7:00 P.M. at the Commission Chambers, or as soon
thereafter as the agenda permits.
APPLICANT: The Boynton Beach Community Development
Corporation (CDC)
AGENT: Law Office of Allen WM. Martincavage, Sr,
LEGAL DESCRIPTION: Lots 1, 2, and 3 of Block 27, Rolling Green
Ridge First Addition Subdivision, Plat Book
#24, Page 233 of the Public Records of Palm
Beach County.
PROJECT NAME: B.B.C.D.C Proposed Office
PROPOSED USE: Office for Boynton Beach C,D.C.
LOCATION: Three parcels totaling 0.339 acre at 2191
Seacrest Boulevard (southwest corner of
Gateway Boulevard and Seacrest Boulevard)
REQUEST: Reclassify from Moderate Density Residential
to Office Commercial
REQUEST: Rezone from R-1 (Single Family Residential)
to C-1 (Office/Professional)
All interested parties are notified to appear at said hearings in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Planning and Development Board or the City Commission
with respect to any matter considered at this 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, Please
call (407) 375-6260 if there are any questions on this information,
MISCXIII:BBCDC.AD
#~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of the
CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M., or as soon
thereafter as the agenda permits, on Tuesday, May 14, 1996, at City Hall
Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to
consider an application for LAND USE AMENDMENT/REZONING covering the
parcel of land described below, Also, a PUBLIC HEARING will be held by
the City Commission of the City of Boynton Beach on the request below on
May 21, 1996 at 7:00 P,M. at the Commission Chambers, or as soon
thereafter as the agenda permits.
APPLICANT: The Boynton Beach Community Development
Corporation (CDC)
AGENr: Law Office of Allen WM, Martincavage, Sr,
LEGAL DESCRIPTION: Lots 1, 2, and 3 of Block 27, Rolling Green
Ridge First Addition Subdivision. Plat Book
#24, Page 233 of the Public Records of Palm
Beach County.
PROJECT NAME: B.B,C,D.C Proposed Office
PROPOSED USE: Office for Boynton Beach Community Development Corp. .
LOCATION: Three parcels totaling 0.339 acre at 2191
Seacrest Boulevard (southwest corner of
Gateway Boulevard and Seacrest Boulevard)
REQUEST: Reclassify from Moderate Density Residential
to Office Commercial
REQUEST: Rezone from R-1 (Single Family Residential)
to C-1 (Office/Professional)
All interested parties are notified to appear at said hearings in person
or by attorney and be heard. Any person 'who decides to appeal any
decision of the Planning and Development Board or the City Commission
with respect to any matter considered at this 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. Please
call (407) 375-6260 if there are any questions on this information.
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: THE POST
5/2/96 & 5/14/96
C: City Manager, City Attorney, City Commission, planning, files
LeCATION MAr,
. .
B.B.C.D.C. PROPOSED OFFICE
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-
GoVER.\'MENTAL CENTER ' FiFrH FLooR
301 NORTH OuVE AVENUE
Woo PALM BEACH. FLoRIDA 33401
TEL: (407) 355-2866 FAX: (407) 355-3963
GARY R. NUl:oUl'll. {;FA
P AIJolllEACH Com
PROPERTY MPRAlSER
MEMORANDUM BILLING
TO: L, PlANA HILEMAN
TELEPHONE:
(407) 736-2888
FROM:
PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT
DATE: 2-22-96
LISTED BELOW ARE CHARGES FOR DATA PROCESSING COSTS ASSOCIATED WITH
THE PRODUCTION OF YOUR REQUEST. PLEASE MAKE YOUR CHECK PAYABLE TO:
PALM BEACH COUNTY PROPERTY APPRAISER.
ISS COST SUMMARY:
APPLICATIONS/DEV. SERVICES @ $40/HOUR:
COMPUTER TIME @ $.58/PER SECOND:
HOURS $
SECONDS $
LINES $
I/O $
PRINT LINES @ $1.01/THOUSAND LINES:
656
TAPE INPUT/OUTPUT @ $3.39/PER THOUSAND:
OTHER CHARGES:
LABELS: @ $4,95/PER THOUSAND
120
TAX ROLLS
MAP
TOTAL AMOUNT DUE:
13.97
,66
$
$
$
.59
26.00
6,00
$
47.22
I CERTIFY THAT I HAVE CALCULATED THE MEMORANDUM BILLING AND TO THE
BEST OF MY KNOWLEDGE IT IS A TRUE AND CORRECT RENDERING OF COSTS
INCURRED BY THIS OFFICE.
SIGNEDl' ~lO ?~\r\
DATE:
2-22-96
MB 3/94
E/R AUTH
GLADES AREA OFFICE
2976 STAn: ROAD 15
B.ur. GLADE. FL 33430
T,"-, 14071 996,4890
FAX: 14071996,1661
ROYAL P AIM BEACH OFFICE
11500 OKF.tDlOBU BLVD., 511'.. A
ROYAL Pilll B<ACH. FL 33411
TF"-' 14071 790-6001
F~14071790-6010
NORTII COL'NTY OFFICE
3188 PGA BLVD_
Pilll BucH GARD",s, FL 33410
Tr"-' 14071 624,6522
FAX: 14071775-5617
SOUTH CO\JNTY OFflCE
501 S. CoNGRESS AvE.
DfJ..RAY BF.ACH, FL 33445
TEL: (4071 276-1250
F ~ 14071 276-1278