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REVIEW COMMENTS PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Jim Cherof, city Attorney /"';:E? FROM: Michael W. Rumpf, Senior Planner DATE: August 22, 1994 SUBJECT: Hunter's Run Commercial Tract-Status of Amendment Regarding the request from sherry L. Hyman, Esq. please be informed that the Florida Department of Community Affairs is proposing that this amendment package not receive a formal review, and is to provide the City with an official notice by August 25, 1994. If my interpretation of the processing periods is correct, and assuming that ordinances are adopted in october, the amendments would become official (effective) in December of the current year. MISCVltI:8HAMKHD.JIM August 19, 1994 ~~- ~ I MEMORANDUM Re: Tambri Heyden, Planning Director James A. Cherof, City Attorney~ poJ City of Boynton Beach v. Summit Associates, Inc. To: From: Attached is a copy of a letter I received this date from Sherry L. Hyman, Esq., attorney for Summit Associates. Would you please review and provide me with your comments at your earliest opportunity. I appreciate your assistance. JAC/r Enc. Al'G I 9 1994 ill 15, 1994 James A. Cherof, Esq. city Attorney City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 RECEfVLD AU6 17/~ CfJYAnU.e-sOFRcE Re: city of Bcyntcn Dasch v. s~it ~ssociates, Ltd. Dear Jim: Please advise us as to the status of the Land Use Plan change for our subject property. I look forward to hearing from you in this regard. / sincerely, \ SLH/pja LEFKOWITZ HYMAN for Summit Associates, Ltd \ \ cc: Mike Burman 200 Admiral's Cove Blvd., Jupiter, FL 33477, (407) 744.1700, Fax: (407) 744.8889 , ~.~ Ctf>V-w . PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-208 FROM: Carrie Parker, City Manager Tambri J. HeYden,~~ Planning and zoning Director TO: DATE: June 29, 1994 SUBJECT: Planning Area 8.h - office Commercial Parcel at Hunter's Run (File No. LUAR 94-007) Land Use Amendment and Comprehensive Plan Text Amendment Please place the above-referenced item on the City Commission agenda for July 5, 1994 under Public Hearing (tabled from June 18, 1991). DESCRIPTION: As detailed in the city Attorney's memorandum dated June 29, 1994, this amendment was tabled at the June 18, 1991 City Commission meeting. A further summary of the events which have occurred relative to this property are as follows: The City's Comprehensive plan was adopted on November 7, 1989 which changed the land use on the subject property from Local Retail Commercial to Office Commercial (a rezoning from C-3 to C-1 was to have been subsequently processed as part of the plan implementation procedures). At the October 16, 1990 City Commission meeting, prior to rezoning the property, the owners requested that the land use be reverted to Local Retail commercial, as Office Commercial land use is inconsistent with the 1973 Final Judgement and the stipulation and Settlement Agreement. This agreement restricts uses on the property to those which were permitted in the C-2 zoning district in 1973, excluding specific permitted uses as listed in the original Final Judgement (see attached Planning Department Memorandum #90-312 which compares the uses allowed under today's C-3 zoning with the 1973, C-2 zoning district; circled uses are those uses excluded pursuant to the 1973 agreement). On June 18, 1991 the City Commission was presented with this request to amend the Future Land Use Map to show the subject property as Local Retail Commercial. Cognizant of the contradicting opinions regarding the current validity of the 1973 Final Judgement, the City Commission directed legal staff to seek a Declaratory Judgement. This action was filed in Circuit Court of Palm Beach County on June 19, 1991. On June 3, 1994, the Court determined that the original Final Judgement remains valid (see attached summary judgement) and consequently, the City is required to maintain the C-3 zoning, and classify this property as Local Retail Commercial. RECOMMENDATION: Staff originally recommended against this amendment, and the Planning and Development Board, by a unanimous vote, also recommended that this request for Local Retail Commercial land use be denied. Despite previous recommendations for Office Commercial land use, staff now advises, pursuant to the recent finding of summary judgement in favor of Summit Associates, Ltd., property owners, that the comprehensive Plan Future Land Use Map be amended to show the subject property as Local Retail Commercial. Furthermore, staff also recommends that the text be amended to delete from the Future Land Use support Document, Section VIII. Land Use Problems and opportunities, Planning Area #8.h that text which restricts the land use to Office Commercial (as indicated in the original staff report). In addition to the original text change, the text amendment will also add language which references the use prOVisions from the Final Judgement. The text amendment, as indicated in the original staff report, has been revised to indicate this new language (see attached). TJH:mr Att. AM~l:PA~.LUA.AaH ~ 1 )1 ~ ~ , 1"!:~J ~t )- , ~ ~ t 1 ~ " .~ t ~ ' ,p * T J J ! r I \ ~ ~J ;l~~ ,~ ~f \l; \.. t P! ~ R' t7 ~ ~' "'<: ~ r; ~ ~~ f~~~~ ~ :., -;" ~ .r-- rl~ "". c. t v.~ [\l r:~ Memorandum Palm Beach County Intergovernmental Coordination Program Clearinghouse 500 Greynolds Circle Lantana, FL 33462 From: Tambri Heyden, City of Boynton Beach Anna Yeskey, Clearinghouse Coordinator ~ To: Date: June 22, 1994 Subject(l3OY ~ Please be advised as of June 22, 1994, the Clearinghouse has not received any objections to BOY-I Comprehensive Plan Amendment from any participants in the lnterlocal Plan Amendment Review program. cc: Terry Hess, Treasure Coast Regional Planning Council q4-/ fv 1~ ~ PLANNING DEPT. MEMORANDUM NO. 90-312 TO: Jim Cherof, city Attorney FROM: Tambri J. Heyden, Interim planning Director DATE: october 15, 1990 SUBJECT: C-3 Zoned Parcel Adjacent to Hunter's Run For informational purposes, accompanying this memorandum, you will find copies of ordinances 72-27, 73-7 and 73-11, referenced in the Final Judgement for Case No. 73-579, pertaining to above-referenced parcel. The Final Judgement accurately references each of these ordinances as the ordinances which annexed and zoned the subject parcel, amended the code pertaining to families and square footage per multiple unit and repealed Ordinance No. 73-11, respectively. Provided below is a table outlining the uses permitted under today's C-3 zoning category (the current zoning of the subject parcel) versuS the C-2 zoning category effective in 1973 (the zoning of the subject parcel in 1973 pursuant to the Final Judgement). The purpose of this table is to ascertain whether there are any differences in permitted uses between the two zoning categories since at the time of the Final Judgement, a C-3 zoning category did not exist in the City. . Conditional Uses 1973 C-2 Permitted Uses churches banks, finance, investment and insurance offices ~ortuary~ hospital medical & dental clinics nursing & convalescent homes apothecary shops professional offices: physician, surgeon, dentist, chiropractor, naturopath, lawyer, enqineer, architect & general business offices ~imal hosPita~ schools for primary & secondary education & nursery schools music and dancing school vocational & private schools Todav's C-3 Permitted Uses churches, places of worShip financial institutions funeral homes .funeral home with crema- torium government facilities hospitals medical and dental offices & clinics nursing & convalescent homes pharmacies, medical & surgical supplies professional and business offices veterinary offices & clinics .nursery schools, day care centers instruction and tutoring academic schools copying service .PM90-312 -2- automotive agencies with repair garages as accessory use furniture, interior decorating , home furnishing stores florist . art shops . interior decorating stores . art shop & studios book, stationery stores & newsstands gift shops beer, wine, liquor sales beauty salons & barber shops, shoe repair, hat cleaning, dressmaking & tailor shops laundromats & laundry service & dry cleaning pick-up stations photographic supplies & studios . taxicab stations OCt. IS, 1990 automobile parts , marine hardware stores camera & audio visual equip- ment and supply stores furniture stores & home furnishings, antique stores flower shops bicycle shops luggage stores music stores art & ceramic stores jewelry & cosmetic stores locksmith shops sporting goods, toy stores, bait , tackle shops paint, wallpaper, tile, carpet, blinds & interior decorator shops art, craft, hobby, costume shops & sewing supplies & art galleries & studios bookstores, religious goods, card shops, tobacco shops, news stores pet shops repair or service shops TV, radio, video supplies & equipment household appliances & parts gift shops beer & wine sales barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premise carpet & upholstery cleaning, maid service, tailors , dressmakers laundromats & retail laundering retail photographic studios & photofinishing fabrication & installation of furniture slipcovers taxicab offices PM90-312 -3- gasoline service stations & automobile repair garages gasoline filling station without major repairs business services - mailing, addressing, advertising ,. blueprinting, printing . bakery, deli, grocery store hardware store restaurants (drive-in restaurants not subject to conditional use) drug stores apparel & shoe stores garden supply antique shop beer, wine, liquor stores greenhouses, nurseries . hotel, motel, apartment hotel multi-family residential units only rooming & boarding houses private clubs & lodges recreational facilities (with same exceptions as C-3) oct. 15, 1990 *automotive service stations without major repair, including car washes as an accessory use print shops drycleaning service *drive-up, drive-through or drive-in services for any of the retail or personal services listed art or recreation instruction grocery, food, ice cream, health food, delis, butcher shops, fruit & vegetable stores, convenience stores, bakery & catering general hardware stores ," restaurants sundries, notions, variety stores drug stores clothing & shoe stores lawn & garden supply antique stores & auction houses bars, lounges (*, if within 600 feet of a residential district) liquor store greenhouses, nurseries department store hotel, motel, apartment hotel/motel *lumber yards & building materials stores multifamily & duplex residential units *rooming & boarding houses private clubs, lodges recreational facilities, except racetracks. go-cart tracks , water slides 'PM90-312 -4- OCt. 15, 1990 parks' playgrounds (City, County or State) sale of ammunition , firearms theaters theaters and auditoriums, excluding drive-in theaters bus terminals bus terminals ambulance service *new boat sales *marinas and yacht clubs utility structures , sub- stations, radio , TV stations with towers and studios *dry boat storage at marinas yachtels , boatels small equipment , tool rental '*yachtels , marinas governmental, utilities' communications facilities trade and business labor pools (*, if walk-in) automobile wash establishments adult entertainment (subject to 1,000 foot limitation) minor repair of motor vehicles or tire sales , service (subject to location limitations) wholesale commercial establishments wholesale of certain goodS car rental shops for painters, plumbers, paper hangers, electricians, upholsterers trailer sales , rentals used car lots warehouses all other trade service , retail sales establishments not listed above One other point I'd like to bring to your attention is that based on the copy of Road plan No. 73501, attached as Exhibit "8" to the Final JUdgement, indicating the parcels by number and their general location, it appears that the subject parcel is comprised of a portion of parcel 20 (zoned c-2 in 1973 pursuant to the Final Judgement) and a portion of parcel 24 (zoned C-l in 1973 pursuant to the Final Judgement). My analysis of the potential differences in today's C-3 permitted uses versus c-2 permitted uses in 1973 does not take into consideration the potential PM90-312 -5- oct. 15, 1990 differences between today's C-3 permitted uses versus C-1 permitted uses in 1973, due to the poor quality of my copy of Road Plan No. 73501 and the lack of legal descriptions for the parcels referenced in the Final Judgement. ~ '~ ....d~ TAMBRI J. ~ TJH.frb Enc cc. City Manager C:PM90-312 ;, ( ORDINANCE NO. 72 - 27 ( AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, EXTENDING THE TERRITORIAL LIMITS OF SAID MUNICIPALITY BY THE ANNEXATION OF A CERTAIN UNINCORPORATED TRACT OF LAND CONTAINING LESS THAN TEN REGISTERED VOTERS, LYING CONTIGUOUS THERETO AND WITHIN THE SAME COUNTY, TO-WIT: PARCELS LOCATED IN SECTION I AND SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED HEREINAFTER: REDE- FINING THE MUNICIPAL BOUNDARIES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR AUTHORITY TO CODIFY, AN EFFECTIVE DATE, ZONING CLASSIFICATIONS, AND FOR OTHER PURPOSES. ( PREAMBLE WHEREAS, the owner of the property more particularly described hereinafter has heretofore petitioned the City Council of the City of Boynton ( Beach, Florida. requesting the annexation of certain property lying adjacent and contiguous to the territorial limits of said Municipality and within the same Cou"nty, to the Municipal territorial limits of sai d City; and ( WHEREAS, all requirements of the Laws of the State of Florida, relative annexation of contiguous territory have been complied with: and WHEREAS, the City Council of the City of Boynton Beach, Florida, deems the annexation of subject tract to be beneficial to the Municipality and to the owner of said tract, ( NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the City of Boynton Beach, Florida, hereby ( annexes to the territorial limits of the City of Boynton Beach, Florida, the following described parcel: All of Section 6, Township 46 South, Range 43 East and the Eastern half of Section I, Township 46 South, Range 42 East, excluding three small parcels totaling approximately 20 acres, described below as follows: l ( West half ( W 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of said Section 1. West half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of said Section 1. ( The Northeast Quarter (NE 1/4) of the Northwest Quarter CNW 1/4) of the Northeast Quarter (NE 1/4) of said Section 1. Section 2: That subject property shall be zoned in accordance with Master Development Map and Site Plan now on file in the office of the ( City Manager, City Hall, Boynton Beach, Florida, all pursuant to the Master Zoning Code of the City of Boynton Beach. Florida. Section 3: The territorial boundaries of the City of Boynton Beach, Florida, are hereby redefined so as to include the above-described property. ( Section 4: Separability: Each of the provisions of this Ordinance are sepa~able and if any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid by any Court of competent ( jurisdiction, the remaining portions shall not be affected but shall remain in full force and effect. Section 5: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance to the City's existing Code. Section 6: Repealing Provisions: All ordinances or parts of ( ordinances of the City of Boynton Beach, florida, in conflict herewith are hereby repealed. Section 7: Effective Date: This Ordinance shall become effective <- in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this 24th day of October, A. D., 1972. -2- \.. ( Second. final reading and passage this '10- day of ltA..-!-tr' A. D.. 1972. CITY OF BOYNTON BEACH, FLORIDA ~ By: t.. ~/ '/vc; ( ATTEST: ( J~~tI City Clerk ( (CORP. SEAL) ( c -3- l -' r ( ( ( ( ( l ( ORDINANCE NO. 73- 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 31-6 AND 31-6.1 AND 31-7 AND 31.8 AND 31.9 OF TIlE CODIFIED ORDINANCES OF SAID CITY, PERTAINING TO FAMILIES PER MULTIPLE UNIT AND SQUARE FOOTAGE PER MULTIPLE UNIT AND PROVIDING FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Chapter 31 of the Codified Ordinances of the City of Boynton Beach, Florida, be and is hereby amended as follows: .. Section 31-6. R2 Multiole Familv and Institutional Buildinq District: (A) USES PERMITTED (2) Two-family dwellings, multiple family dwellings, garage apartments as an accessory use located on the rear of a lot having a principal structure located on the front half. Two-family and multiple family dwellings in R-2 Zone shall not exceed twenty-five (25) feet in height (2~ stories) with a maximum of three families per principal unit and there shall be a minimum of twelve feet between principal units. (D) BUILDING SITE AREA REGULATIONS. (2) For two family dwellings, nine thousand (9,000) square feet and said lots shall have minimum widths of seventy- five (75) feet. (3) For multiple family dwelling for each dwelling unit there shall be a minimum of four thousand five hundred (4,500) square feet of lot area. (F) LOT COVERAGE (1) Forty (40) per cent of the lot area is the max~um that may be covered by the principal and accessory buildings or structures located thereon, swimming pools excepted from this provision. i d J Page 1 of 4 ( ( ( ( ( ( l l Section .'1_6 1 R-2A Multiple Familv Dwellina District. (A) USES PERMITTED. (2) Two-family dwellings. multiple dwellings, garage apartments as an accessory use located on the rear of a lot having a principal structure located on the front half. Two- family and multiple family dwellings in R-2A shall not exceed twenty-five feet (25') in height (2l:i stories) with a maximum of three families per principal unit and there shall be a minimum of twelve feet (12') between principal units. Section 31-7. R-3 Multiple Familv. Office and Motel District. (c) BUILDING HEIGHT REGULATIONS No structure shall exceed forty-five (45) feet in height. (D) BUILDING SITE AREA REGULATIONS (2) For multiple family dwellings there shall be a minimum lot area of four thousand (4,000) square feet for each dwelling unit. Section 31-8. C-l Limited Commercial District. (B) BUILDING HEIGlrr REGULATIONS No building or structure shall exceed forty-five (45) feet in height. (C) BUILDING SITE AREA REGULATIONS. (1) For residential, the regulations shall be identical to those provided for Zone R-3 in Section 31-7 of this Code pertaining to multiple family dwelling units. (2) Otherwise, none. (D) YARD REGULATIONS. (1) For residential. the regulations shall be identi- cal to those provided for Zone R-3 in Section 31-7 of this Code , " , pertaining to multiple family dwelling units. (2) Other. :1 (a) Front Yard: There shall be a front yard having :1 :1 a depth of not less than twenty-five (25) feet. Page 2 of 4 ( [ ( ( ( ( ( c (b) Side Yards: None are required except where rear access is not available fram a public street or alley, a side yard of not less than ten(lO) feet shall be provided on oria side. (c) Rear Yards: There shall be a rear yard having a depth of not less than twenty (20) feet, except where the rear of the property is bounded by a public alley or street the rear yard may be decreased by one-half the width of such alley or street up to ten (10) feet, but in such event there shall be provided a rear yard of not less than ten (10) feet exclusive of the alley. Section 31r9. General Commercial District. (B) BUILDING HEIGHT REGULATIONS. Same as C-l. (C) BUILDING SITE AREA REGULATIONS. Same as C-l. (D) YARD REGULATIONS. Residential provisions, identical to C_lu Section 2. Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing code. Section 3: Repealing provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase or. sentence, and if any portion hereof shall be declared inv~lid, j , the remaining portion shall not be affected but shall remain in full force and effect. Section 5: Effective Date: This Ordinance shall become effective in the manner and at the time provided in the Charter and Ordinances of the City of Boynton Beach, Florida. i ., " Page 3 of 4 "