AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 March 16, 1999
0 April 6, 1999
rgj April 20, 1999
0 May 4,1999
March 5, 1999 (noon)
o May 18,1999
o June I, 1999
o June 15, 1999
o July 6,1999
May 7,1999 (noon)
March 26, 1999 (noon)
May 21,1999 (noon)
April 9, 1999 (noon)
June 4, 1999 (noon)
April 23. 1999 (noon)
June25, 1999 (noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
rgj 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 April 20, 1999 City Commission agenda under Public
Hearing. The Planning and Development Board with a 5-2 vote, recommended that this request be denied due to potential
impacts on the neighborhood if used for purposes other then a historic museum. For further details pertaining to this request
see attached Department of Development Memorandum No. PZ 99-095 and for submittal information which provides
additional clarification and recommended conditions of appro\al see :'v1e:~lOr<:ndum PZ 99-105.
EXPLANATION:
PROJECT: Robert Katz Historic House
AGENT: Martin O'Shea
OWNER: Robert Katz
LOCATION: 306 SE 1st Avenue
DESCRIPTION: Request approval of Amendment to the Future Land Use Map of the Comprehensive Plan from Low
Density Residential (LDR) to Local Retail Commercial (LRC) and rezone the property from RIA to C2 to
allow for adaptive reuse of historic home and parking facilities.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
.~
/7
,\ . j ....', . I , ; 1 h
'~Development DepaIttmenfAcfing Director
'\ !
City Manager's Signature
- ; l C~ ~.-7
Planning and Zoning Director
City Attorney I Finance I Human R.esources
\'.CH\1\\AIN\SHRDA T A IPLAN:-.IING\SHARED\WPIPROJECTS'KA TZ - ROBERT -HISTORIC HOt:SE\LUAR\o\GENDA ITEM REQUEST 4-20-99 DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-105
FROM:
Wilfred Hawkins
Acting City Manager
A ~C"_
Michael W. Rumpf
Planning and Zoning Director
TO:
DATE:
April 13, 1999
SUBJECT:
Robert Katz Historic House Rezoning
Supplemental Information
On April 13, 1999, the Planning and Development Board voted to recommend that the above-
referenced rezoning be denied due to uncertainty regarding potential impacts upon the adjacent
residential area. I am providing you with this information, as a supplement to the staff report
(Memorandum No. PZ 99-095), to clarify the rationale behind the commercial zoning request,
and recommend additional conditions to address the issue of neighborhood impact and
compatibility .
The planned use for the property is two-fold, to feature a historic home for civic/educational
purposes, and parking for both the historic home and the adjacent planned commercial
redevelopment project.
Regarding the rationale for commercial zoning, the property cannot remain residentially zoned
due to the planned parking area, or the lack of a resident or occupant, and the lack of city
ownership or operation which are other criteria for a single family zoning district. In order for
the project to remain residentially zoned, the planned parking area must be reduced in size to
only serve the subject property, and the home would have to be occupied, or owned or operated
by the city. Although the C-l (Office and Professional) district has often been used as a
transitional zoning district between commercial and residential districts, this historic home would
not be a permitted use unless it is occupied for a permitted business, or it is operated by the city
as a community center.
To minimize the impact of this use and zoning district upon the adjacent neighborhood, staff
originally recommended that the conditions of approval limit the use to the historic home and
parking. This condition would preclude it from being used for a restaurant, coffee house or any
other commercial use. If the Commission favors the rezoning, but also has concerns regarding
impact. staff recommends further conditions of approval, to minimize potential neighborhood
impacts. such as a restriction on hours of operation, (e.g. 10 a.m. and 6:00 p.m. and no Sunday
Page 2 of2
Memorandum No. PZ 99-105
Robert Katz Historic House Rezoning
hours), limiting signage to wall signage designed to be compatible with the scale and character of
the structure, limiting parking area lighting poles to a maximum height of 10 feet, and limiting
the structure to its current size. As for enforcement, it may also be possible to place certain
restrictions within a deed restriction to prevent future change to the use inconsistent with the
ultimate conditions of the city.
At the Planning and Development Board meeting, the applicant requested that the condition on
project uses be revised to allow retail uses such as a coffee house. Since the structure is only
1,000 square feet in size, contingent upon minimizing site impacts, and limitations on hours of
operation, it is the opinion of staff that a small retail use such as a coffee house or candy shop
would be an attribute to the redevelopment of this area and would represent a compatible and
reasonable transition from the existing commercial center to the north and the adjacent single
family zoning district.
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J:\SHRDA T AIPLANNING\SHARED\WPIPROJECTSIKA TZ - ROBERT -HISTORIC HOUSE\LUARIMEMO \IIH #99-105 DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-095
TO:
FROM:
Chairman and Members
Planning and Development Board
m~...~
Michael W. Rumpf
Director of Planning and Zoning
DATE:
April 8, 1999
PROJECT DESCRIPTION
Project Name:
Robert Katz Historic House
Applicant:
Robert Katz
Agent:
Martin L. 0' Shea
Owner:
Robert Katz
Location:
Southeast comer of the intersection of S.E. pI Avenue and S.E. 3rd Street (see
Location map -Exhibit" A")
File No:
Land Use Amendment/Rezoning (LUAR 98-002)
Property Description: The subject property consists of 0.43 acre classified Low Density Residential and
zoned R-I-A, single family residential. The property is occupied by a single family
home that is listed on the City's Historic Sites Survey completed in 1996. This house,
known as the Andrews House, was constructed in 1909, is a typical example of the
frame vernacular style, and is recommended for local historic designation due to its
age and condition. This structure was recently moved eastward approximately 35 feet
and restored by Mr. Katz for the purposes of historic preservation and education.
Proposed change/use: To reclassify the subject property to Local Retail Commercial, and rezone to C-2,
Neighborhood Commercial. In addition to the restored historic house, the site is to
be used in conjunction with the proposed retail/office redevelopment project planned
for the property abutting this site to the north (also owned by Mr. Katz). The
principle reason for the proposed commercial classification and zoning is to allow the
subject property to be improved with parking facilities to serve both the historic house
and proposed redevelopment project (See Exhibit "B"- Proposed Use). The C-2
zoning designation proposed as it would allow the proposed parking element, and
would be consistent with the existing C-2 zoning of the adjacent proposed
redevelopment project. Although the C-l zoning district could be viewed as a more
preferable zoning district, or a proper transition between the commercial and
residential districts, the C-l district would also represent a "spot" zone, which is an
isolated and unrelated zoning district, and to be avoided according to basic zoning
practices. Prior to the construction of any non-residential element, the site must
conform to the zoning code which, in part, requires that a 6-foot high, painted
masonry wall be located between commercial and residential zoning districts. Staff
will also place conditions on the approval to help ensure compatibility within this .
Page 2
Robert Katz Historic House
File Number: LUAR 98-002
neighborhood. Such conditions will restrict the uses of the subject property, and
require enhanced landscaping.
Adjacent land Uses and Zoning:
North - Right-of-way for S.E. 1st Avenue, and farther north various commercial uses zoned C-2;
South - Single family home zoned R-I-A;
East - Right-of-way for the F.E.C. Railroad and farther east, BellSouth zoned CBD;
,
West - Right-of-way for S.E. 3rd Street and farther west, single family homes zoned R-I-A.
PROJECT ANALYSIS
The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9,
Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. This criteria is
required to be part of a staff analysis when the proposed change includes an amendment to the
Comprehensive Plan Future Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies
including but not limited to, a prohibition against any increase in dwelling unit density exceeding
50 in the hurricane evacuation zone without written approval of the Palm Beach County
Emergency Planning Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on subsequent
development of the property, in order to comply with policies contained in the comprehensive
plan.
According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply
and Demand for Commercial Land" the following is recommended:
"The Future Land Use Plan which is proposed for the City and area to be annexed by the City will
accommodate all of the anticipated demand for commercial land through build-out. Therefore, the
City should not change the land use to commercial categories, beyond that which is shown on the
proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or
commercial uses of a highly specialized nature, which have special location or site requirements, and
therefore cannot, be easily accommodated on already designated commercial areas", and
Policy 1.19.6 reads:
"Subsequent to Plan adoption, do not allow commercial acreage which is greater than the demand
which has been projected, unless it can be demonstrated that a particular property is unsuitable for
other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned
propeny, or no other suitable property for a commercial use exists for which a need can be
demonstrated, and the commercial use would comply with all other applicable comprehensive plan
policies. "
With respect to consistency with the Comprehensive Plan, the subject amendment, consisting of only 0.43
acre, can be construed as a minor boundary adjustment. Furthermore, since the property will not be used
specifically for commercial (retail) uses, the reclassification will not contribute to the actual projected surplus
of commercial land uses. Lastly, in order to maintain consistency with the intent of the Comprehensive Plan
Page 3
Roben Katz Historic House
File Number: LUAR 98-002
to preserve residential neighborhoods, staff will recommend conditions of approval to ensure that impacts of
this use upon adjoining properties are minimized.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or would
create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant
of special privilege to an individual property owner as contrasted with the protection of the public
welfare.
The proposed rezoning represents a minor extension of the existing commercial zoning district in a rather
consolidated manner, southward along, and adjacent to the F.E.C. Railroad right-of-way.
c. Whether changed or changing conditions make the proposed rezoning desirable.
No conditions have actually changed which now justify the proposed rezoning. The justification of the
proposed rezoning is simply to best utilize the subject property for parking needs of the adjacent proposed
redevelopment project.
d. Whether the proposed use would be compatible with utility systems, roadways, and other public
facilities.
The proposed rezoning would represent minimal increases in potential impacts upon city utility systems. With
respect to roadway impacts and capacity, traffic impacts are still to be reviewed for the proposed
reclassification and rezoning as well as for the proposed commercial redevelopment project. Traffic impacts
will be reviewed and analyzed by Palm Beach County for conformance with the County's Traffic Performance
Standards Ordinance.
e. Whether the proposed rezoning would be compatible with the current andfuture use of adjacent
and nearby properties, or would affect the property values of adjacent or nearby properties.
With proper site design to involve, for example, lighting and landscaping, and restrictions on hours of
operation and noise, impacts of the subject property upon adjacent residential land uses will be minimized.
d. Whether the property is physically and economically developable under the existing zoning.
The proposed uses for the subject property are too intense for the existing residential, R-I-A zoning district.
e. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
The subject rezoning and redevelopment of the adjacent property would represent a positive contribution to
both the neighborhood and the city. The subject rezoning isolates the expansion of the commercial zoning
district to a small parcel located adjacent to railroad right-of-way, which is not property ideal for residential
use.
f Whether there are adequate sites elsewhere in the city for the proposed use, in districts where
such use is already allowed.
The subject rezoning is directly related to the redevelopment of the adjacent property, which could not
accomplish the same intent at an alternative location, similarly zoned, within the city.
Page 4
Robert Katz Historic House
File Nwnber: LUAR 98-002
CONCLUSIONSIRECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will represent
minimal impacts on adjacent residential uses, and will contribute to the redevelopment of marginal commercial
uses in an area targeted for such improvements by the city's Visions 20120 Redevelopment Master Plan.
Therefore staff recommends that this request for land use amendment and rezoning be approved, subject to the
conditions of approval listed in Exhibit "e".
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EXHIBIT "e"
Conditions of Approval
Project name: Robert Katz Historic House
File number: LUAR 98-002
Reference: Land Use AmendmentlRezoning
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
FORE S TER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Use of the subject property will be limited to a historic home, ancillary X
elements such as garage/utility building, outdoor gathering and
entertainment areas, and parking facilities.
2. The code-required buffer wall be constructed on the south and west sides of X
Robert Katz Historic House
LUAR 98-002
Page 2 of2
DEPARTMENTS INCLUDE REJECT
the property concurrent with the construction of parking facilities on the
site.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
" Denied due to potential impacts on the neighborhood if used for purposes X
".
other then a historic museum.
ADDITIONAL CITY COMMISSION CONDITIONS
4. To be determined
MWR/kcw/dim
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
RequtS(ed Cit)' Commiuion
MI.tln. ~,
o November 17, 199.
o December l,1998
~ Oeeemb9r 15. 1998
o Jll\uvy', 1999
Due Final Ponn Mwt ~ Turned
In to Citv Clerk', Oms,
Novembor6, 1998 (noon)
Requested City Commission
M$Ctin. ~
o 11U1uIU)' 19. 1999
Date Fin&! Form Must be Turned
into City Clllrt's Office
January 8, 1999 (noon)
November 20, i998 (noon)
o hbf\l*}' 2, 1999
January 22, 1999 (noon)
December 4, 1998 (noon)
o February 16, 1999
o March:. 1999
February 5. 1999 (noon)
Dcc:.mblr 18, 1998 (noon)
Febl\lary 19, 1999 (noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Publi~ Hearins
o Bids
o Announcement
o Development Plans
o New Business
181 Leeal
o Unfmished Business
o Presentation
RECOMMENDATION:
Please table the request below on the Ofttmber I', 1998 City Commission agenda Wlder Ordinance second readine. The
final r.adin, of this ordinance no. 098-47 should not occur until the condition of approval (dedication of easement) is
satisfied. which staffbu not received tg.date, For funher details pertaining to the request, see attached Depamnent of
De~cloprn.nt Memorandum No. PZ 98-319.
EXPLANATION:
PR.OJECT: 301 SE 1" A vtnuo (Robert Katz)
AGENT: Manin L. O'Shea
OWNER: Robert Katz
LOCATION: 301 SE 1" Avenue
DESCRIPTION: Request for approval for an alley abandonment located between SE 3n1 Street, and FEC Railroad south side
of SE JnI A venue.
PROGRAM IMPACT; N/A
FISCAL IMPAct': N/A
ALTERNATIVES: N/A
~6~Z~~
City Manager's Sipature
rL_~,~
Actin! Manal of P anini and ZonlJJs
City Attorney / Finance I Human Resources
I:\SHMATA\IIVJolNINO\JH.WD\WPI"',CUSCTSlKA'I'Z. ROIDToItlITOIUC KOUSl!\A84N\AO'><:DA ITIM UOUPT IH~.9S DOC
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, November 24, 1998 at 7:00 p.m. and on Tuesday December 1, 1998, at 6:30 p.m.
respectively, to consider an alley abandonment application submitted by Martin O'Shea, agent
for Robert Katz, for an alley abandonment located between S.E. 3rd Street, and FEC Railroad
south side of SE 3rd Avenue. Said alley is more particularly described as follows:
Existing alley between lots 4, 5 and 6, block 11, and lots 7, 8 and 9, block 11.
Town of Boynton, a subdivision as recorded in plat book 1, page 23, in the public
records of Palm Beach County, Florida.
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 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
November 9,1998
J:\SHRDA TA\PLANNING\SHARED\WP\PROJECTS\KA TZ - ROBERT-HISTORIC HOUSE\ABAN\LEGALNOT.DOC
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UEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 98-296
FROM:
Sue Kruse
City Clerk 1.1
Michael W. Rumpf fJ1f1Jld~'/
Acting Manager of Planning and Zoning
TO:
DATE:
October 13, 1998
RE:
Robert Katz (Historic House)
ABAN 98-008
Alley abandonment
Accompanying this memorandum you will find one (1) copy of the application and related
documents for the above-referenced abandonment application. The $500.00 application fee for
staff processing and review has been forwarded to the Finance Department.
A legal advertisement for the same has been prepared for the November 24, 1998, Planning
and Development Board meeting and the December 1, 1998 Commission meeting and will be
forwarded to your office after review by the City Attorney. In order for our department to meet
the deadline for preparing Planning and Development Board agenda materials for this request,
comments from staff and the various concerned parties must be received by our office by
November 10, 1998.
Please inform staff of this time frame when distributing copies of this request for comment. If
easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank
you.
MWR:bme
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\KATZ - ROBERT-HISTORIC HOUSE\ABAN\LEGALNOT.DOC
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 two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Plan nino and Zonina Division
PREPARED BY: Dan DeCarlo
DATE PREPARED:
October 13, 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Abandon alley between S.E. 3rd Street and FEC
Railroad the south side of of SE 3rd Avenue
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Leaal Ad for the Plan nino and Development Board
meetino of November 24. 1998 and the December 1, 1998 City Commission meetina.
SEND COPIES OF AD TO:
Manaaer of Plannina and Zonina.
Newspaper, adioinina property owners, applicant and
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED:
November 9, 1998
LAST DATE TO FAX TO NEWSPAPER: November 6, 1998
APPROVED BY:
II tilt'
.
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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, November 24, 1998 at 7:00 p.m. and on Tuesday, December 1, 1998, at 6:30 p.m.
respectively, to consider an alley abandonment application submitted by Martin O'Shea, agent
for Robert Katz, for an alley abandonment located between S.E. 3rd Street, and FEC Railroad
south side of SE 3rd Avenue. Said alley is more particularly described as follows:
Existing alley between lots 4, 5 and 6, block 11, and lots 7, 8 and 9, block 11.
Town of Boynton, a subdivision as recorded in plat book 1, page 23, in the public
records of Palm Beach County, Florida.
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 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
November 9, 1998
J:\SHRDAT A\PLANNING\SHARED\WP\PROJECTS\KATZ - ROBERT-HISTORIC HOUSE\ABAN\LEGALNOT.DOC