APPLICATION
%e City of
13oynton 13eadi
}A
-
100 'E. 'Boynton '1Jeadi 'Boultvarri
P.O. 'Bo,\:31O
'Boynton 'BelUft, j"lorilfa 33425.0310
City J{d[; (407) 734.8111
j":U: (407) 738.7459
October 25, 1991
Don Faron, President
Watersedge Club
600 NE 20 Lane
Boynton Beach, FL 33435
Dear Mr. Faron:
You directed a letter dated October 14, 1991 to my attention requestin9
responses to questions involving barriers between City park property and
abutting privately owned property (specifically Boat Ramp Park).
Enclosed herewith please find a copy of Recreation & Park memorandum No.
91-434 providing responses to the questions posed in your October 14th
letter. The Planning Director, Chris Cutro, has reviewed said memorandum
and concurs with Mr. Frederick's comments.
Should you have any further questions relative to this subject matter, or
further explanation is needed, please feel free to contact this office.
Sincerely,
CITY OF BOYNTON BEACH
-....~
---:> /~, .(4_____
-..(....,.~
;/- '",,-'~ ".
J. Scott Miller
Ci ty Manager
JSM:cd
cc: Honorable Mayor and City Commission
Charles Frederick, Recreation & Park Director
Chris Cutro, Planning Director
Central File
Attachment
51mericas (jateway to tlie (julfstream
RBcr-l'ffiU.
~1.2i ....
ne,?'.
",.-'1; loll;. ,
'?\.J..\'i\~.\~ -
~
RECREATION & PARK MEMORANDUM #91-434
TO:
J. Scott Miller, City Manager
(rr',C)
Parks '~
FROM:
Charles C. Frederick, Director of Recreation &
SUBJECT:
Response to Memo Dated 10/16/91: Boat Ramp Park Northern Boundary
Barrier
DATE:
October 18, 1992
The following response is provided regarding questions posed by Mr. Faron in
his letter dated October 14, 1991.
1. - In April, 1991, when this issue was first brought forward, we spoke to
Mike Haag, Site Administrator, who informed us that as the park property
is zoned PU there is no requirement to install walls or fences for a park
use. I would suggest that Chris Cutro review this again to confirm the
opinion.
2. Boat Club Park was in existence before the Waters Edge Condominium was
constructed. When Waters Edge was constructed, they built a wooden fence
structure on their property which separated the park from the
condominium. When we renovated the park in 1984 their fence was in
existence. We provided landscaping on the northern line of the park
property.
3&4 When the park was renovated in 1984, a landscaping plan was developed and
the southern boundary of the park developed with hedge material and in
part with split rail fence. A portion of the southern boundary, which
abuts single family homes, was planted with hedge material. No fence
was installed. Some homeowners had existing fence on their property and
a few owners added fence to their property.
5. A closer examination of existing City parks will reveal some with fence
or vegetation buffers between the park and adjacent property and some
which do not have such features.
When buffering is provided, it customarily takes the form of landscaping,
berming, and possibly chainlink fence. Solid wall fencing of wood or
masonry is the exception rather than the rule.
As an example, J.C. Park, located on South Federal Highway, lies between
two condominium areas. The north side has no fencing and limited land-
scaping. The south side has a five foot ficus hedge which was planted by
the condominium on their property.
..
ORDINANCE NO. 87~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY BY REZONING A CERTAIN PARCEL OF
LAND WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA , FROM C-l, (COMMUNITY
COMMERCIAL), TO REG. (RECREATION), SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19,
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Carmen S. Annunziato, Planning Director of
this City, has heretofore filed a petition with the City of
Boynton Beach, Florida, pursuant to section 9 of Appendix
l A-Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, for the purpose of i~plementing the Evaluation and
Appraisal Report by rezoning a certain parcel of land within
the municipal limits of said City, said property being more
particularly described hereinafter,' from C-3, (Community
Commercial) to REC (Recreation); 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, to-wit:
The west 422.65 feet of Lots 11 and 12,
Same Brown Junior's Hypoluxo
Subdivision, less the north 73.77 feet
of the west 254.17 thereof, and less the
west 94 feet for the State Road 5
right-of-way.
~
VP~
be and the same is hereby rezoned from C-3 (Community
Commercial) to REC (Recreation).
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
immediately upon passage.
FIRST READING this
d.
;.f day of
~
1987.
~lCOND, FINAL READING
of /Jr~' 1987.
and PASSAGE this /~ day
CITY OF BOYNTON BEACH, FLORIDA
~ j /) I
<".Ii., ({/<1/)&/"tl(~
Ji:l LuL~
vic Mayor
~LL ~!)
If' I./V
Co ssioner r
I/o '. .- 47.. . -
{/"/" ./c
" / 'dlli'
Commissione:r;
c:x:
Commissioner
\~ Me.-
.
A~~~
C~ty r
(Corporate Seal)
-2-
I
!
APPLICATION C-3
LAND USE AMENDMENT AND/OR REZONING APPLICATION
----------------------------------------------
City of Boynton Beach, Florida
Planning and Zoning Board
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II below, in two (2)
copies to the Planning Department. Incomplete applications will not be
processed.
Please Print Legibly or Type all Information.
I. 8s~sBeb_l~EQB~eIlQ~
1. Project Name: _~QE~_~1~Q_fE~~_Ei~~_______________________________
2. Type of Application (check one)
___1.{____ a.
Rezoning only
b.
Land Use Amendment only
c.
Land Use Amendment and Rezoning
3. Date this Application is Accepted (to be filled out by Planning
Department):
__~~D~_lE~_12~]_________________________________________
4. Applicant's Name (person or business entity in whose name this
application is made):
___~i~y_Q!_~QYD~QD_~~E~b________________________________
Address: ___~1]_E~_~9YD~9D_~~Eg~_~g~1~y~~g_______________________
___~9YE!9E_~~~EE~_K~__iii~~_____________________________
Telephone
Number: ___J]9~1__]]i~~~~~______________________________________
5. Agent~s Name (person, if any, representing applicant):
___~E~~~D_E~_hDD~DEiE~Q_________________________________
Address:
___2~~_~_B~~I~~~_~g~~~yE~g____________________________
___~9YE!9E_~~~~Q,_Eb__ll~~2_____________________________
Planning Dept. 4-B6
page 1
Telephone _~]g21_1]~=~111_g~t~_222_-------------------------------
Number:
6. Property Owner's (or Trustee's) Name:
Address:
__~i1Y_2!_~2Yrr12rr_~~s9h___------------------------------
__12Q_~BEt_~Qy~tQ~_~g~9b_~QY1~y~~g----------~-----------
__BQ~n:tQn_Beach..._E~__33425------------------------------
Telephone
Number:
--------------------------------------------------------
7. Correspondence Address (if different than applicant or agent):*
--------------------------------------------------------
--------------------------------------------------------
* This is the address to which all agendas, letters, and other
materials will be mailed.
8. What is the applicant's interest in the subject parcel?
(Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.)
City initiated rezoning (owner)
-------------------------------------------------------------------
9. Street Address or Location of Subject Parcel:
2010 North Federal
-------------------
------------------------------------------------------------------
Highway
10. Legal Description of Subject Parcel:
The west 422.65 feet of
----------------------------
------------------------------------------------------------------
Lots II and l2, Sam Brown Junior's Hypo1uxo Subdivision, less the
------------------------------------------------------------------
north 73.77 feet of the west 254.17 thereof, and less the west
------------------------------------------------------------------
94 feet for the State Road 5 right-of-way.
-------.------------------------------------ -------------------------
-----------------------.----------- ----------------------------------
11. Area of Subject Parcel
(to the nearest hundredth (1/100) of an acre):
2.06 acres
-----------------------------------------------------------------
Plannin, Dept. 4-86
page 2
12. Current Zoning District:
__~:]_~~~~Ei!l-~~~~E~i~~--------------
REC Recreation
---------------------------------------
13. Proposed Zoning District:
14. Current Land Use Category: _~~E!~~!i9~~~_________________________
15. Proposed Land Use Category: __~~E!~~!i9~~~_______________________
16. Intended Use of Subject Parcel: _~i!y_P~!~L_E~i!~2Q9PL_9!Q~E_~~_
uses
--------------------------------------~----------------------------
------------------------------------------------------------------
17. Developer or Builder: _Bih_______________________________________
------------------------------------------------------------------
18. Architect: _Bih__________________________________________________
19. Landscape Architect: _~Lh________________________________________
20. Site Planner: _BLh_______________________________________________
21. Civil Engineer: _~Lh________________~____________________________
22. Traffic Engineer: _BLh___________________________________________
23. Surveyor: _BLh___________________________________________________
II. ~BI~BIBb~_IQ_~~_~~~~lII~Q_~lI~_BEEbl~BIlQ~
The following materials shall be submitted, in two (2) copies, unless
otherwise noted.
(check)
a. This application form (3 copies for PUDs, PCDs, and PIDs).
b. A copy of the last recorded warranty deed (3 copies for PUDs, PCDs,
and PIDs).
c. The following documents and letters of consent (3 copies for PUDs,
peDs. and PIDs):
(1) If the property is under joint or several ownership: A written
consent to the application by all owners of record, and
(2) If the applicant is a contract purchaser: A copy of the
purchase contract and written consent of the owner and seller, and
(3) If the applicant is represented by an authorized agent: A copy
Planning ~2pt. 4-86
page 3
of the agency ag~eement, o~ w~itten consent of the applicant, and
(4) If the appl icant is a lessee: A copy of the lease ag~eement,
and the w~itten consent of the owne~, and
(5) If the applicant is a co~po~ation o~ othe~ business entity:
name of the office~ o~ pe~son ~esponsible fo~ the application,
w~itten p~oof that said pe~son has the delegated autho~ity to
~ep~esent the co~po~ation o~ othe~ business entity. o~ in lieu
the~eof, w~itten p~oof that he is in fact an office~ of the
cor'po~ation.
The
and
d. A sealed bounda~y su~vey of the subject pa~cel by a surveyor
registered in the State of Florida, dated not more than six (6) months
prior to the date of submission of the application, at a scale prescribed
by the Planning Department, and containing the following information:
(1) An accurate legal description of the subject parcel.
(2) A computation of the total acreage of the subject parcel to the
nearest hundredth (1/100) of an acre.
(3) A tree survey, which conforms to the reqUirements of the City of
Boynton Beach T~ee Preservation Ordinance. This requirement may be
waived by the Planning Director where found to be unrelated to the
land use o~ zoning issues involved with the application.
e. A complete certified list of all property owners, mailing addresses,
and legal descriptions for all properties within at least four hundred
(4~)1 feet of the subject parcel as recorded in the latest official tax
rolls in the county court house shall be furnished by the applicant.
Postage, and mailing labels or addressed envelopes must also be provided.
Said list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge said list is complete and accurate.
Notification of sur~ounding property owners will be done by the City of
Boynton Beach.
f. A copy of the Palm Beach County Property Appraiser'S maps showing all
of the properties referred to in paragraph e. above, and their relation to
the subject parcel.
____g. A statement by the applicant justifying the zoning requested,
including reasons why the property is unsuitable for development under the
existing zoning and more suitable for development under the proposed
zoning.
h. A comparison of the impacts that would be created by development under
the proposed zoning, with the impacts that would be created by development
under the existing zoning, which shall include:
(1) A comparison of the potential square footage or number and type of
dwelling units under the existing zoning with that which would be
allowed under the proposed zoning or development.
(2) A statpment of the uses that would be allowed in the proposed
Planning Dept. 4-86
page 4
zoning or development, and any particular uses that would be excluded.
(3) Proposed timing and phasing of the development.
(4) A comparison of traffic which would be generated under the
proposed zoning Dr development, with the traffic that would be
generated under the current zoning; also, an analysis of traffic
movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be
necessary to accomodate such traffic movements (in 1 copies). For
proposed developments which would generate three-thousand 13,000)
vehicle trips per day or more, or two-hundred fifty 12501 or more
single-directional vehicle trips within a one III hour period, a
traffic impact analysis shall be required (in 1 copies). Said traffic
impact analysis shall include projected trip generation for the
development, for all major roadways and intersections within one and
one-half (1.5) miles of the subject parcel, as well as traffic that
would utilize local streets through residential zoning districts.
Said traffic impact analysis shall compare traffic levels between the
existing zoning and the proposed zoning or development of the subject
parcel, and shall take into consideration all development that would
be possible under the current zoning within the City, adjacent cities,
and within the unincorporated area of Palm Beach County within a
radius of five (5) miles. For those parcels lying in the
unincorporated area of Palm Beach County, which are not currently
zoned for urban land uses, the potential land uses according to the
Palm Beach County comprehensive plan shall be used. Where said
parcels are shown on the Palm Beach County comprehensive plan under
residential land use categories, the midpoint of the density range
shown on County comprehensive plan shall be used. Where a countY-Wide
study of traffic generation at build-out has been adopted or is
utilized by Palm Beach County, the levels of traffic that are
projected by said study shall in all cases be used to project
background traffic in the traffic impact analysis submitted by the
applicant. The format and standards used in the traffic impact
analysis shall be the same as those which are required by Palm Beach
County, with the exception of the requirements listed above. Such
traffic impact analysis shall include recommendations for the
mitigation of traffic impacts, consistent with the standards which
have been adopted by or are utilized by Palm Beach County.
(5) For parcels larger than one (11 acre. a comparison of the water
demand for development under the proposed zoning or development with
water demand under the existing zoning. Water demand shall be
estimated using the standards adopted by the Palm Beach County Health
Department for estimating such demand, unless different standards are
justified by a registered engineer. Commitment to the provision of
improvements to the water system shall also be included, where
existing facilities would be inadequate to serve development under the
proposed zoning.
(6) For parcels larger than one (1) acre, a comparison of sewage flows
that would be generated under the proposed zoning or development with
that which would be generated under the existing zoning. Sewage flows
shall be estimated using the standards adopted by the Palm Beach
Planning Dept. 4-86
page 5
protection, easements or rights-of-way, roadways, recreation and park
a~eas, school sites~ and other public improvements O~ dedications
as may be required.
(10) For rezonings to planned zoning districts (PUDs, peDs, and PIDs),
the specific requirements for submission of applications for rezoning to
such districts shall also be satisfied. Copies of evidence for unified
control and development of the property, as well as condominium,
homeowners', and property owners' association documents shall be
submitted in three (3) copies for planned zoning districts.
Furthermore, all materials required for a subdivision master plan lin i
copies, including survey) shall also be submitted.
III. BEEbl~BIlQ~_E~~~~ Fees shall be paid at the time that the application is
submitted, according to the fees which have been adopted by resolution. A
fee schedule is attached to this application. All fees shall be paid by
check. payable to the City of Boynton Beach.
IV. ~~BIIEl~BIlQ~
(II n'Je) understand that this application and ,,11 plan and papers
submitted herewith become a part of the permanent records of the
F'lanning and Zoning Board. II) (We) hereby certify that the above
statements and any statements or showings in any papers or plans
submi t ted herewi th are true to the best of (my) (our) knowl edge and
bellef. This "pplication will not be "ccepted unless signed according
~the instructions below.
____ _=~~__~_C~____--____- ---~~-~~~~----
Signcture of Owner(s) or Trustee, Date
or Authorized Principal if property
is owned by a corporation or other
business entity.
V.
B~I~Q81I6IIQ~_QE_e~~~I
Si~f~fth~~~~;~t---
__2=_~_~~2_______
Date
(I) ((-Je) hereby designate the above signed person
~ent wlth regard to thlS application.
___ __~~___2_c~~-------------
81g ature of Ownerls) or Trustee~
or Authorized Principal if property
is owned by a corporation or other
business entity.
"s (my) (our) authorized
__2.:.:L--:..F:2----
Date
Planning Dept. 4-86
page 7
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
--------------------------------------------------------------------------
Review and Processing Schedule:
Date Accepted by Planning Depa~tment
Date T~ansmitted to City Cle~k
---------~--_.
Date Notifications Mailed to Su~~ounding P~ope~ty Owne~s
----"--------
Dates of Adve~tisement in Newspapel" (~ezoning and/o~
land use amendment
Dates of Adve~tisement in Newspape~
(anne){ation)
---------------
Date of T~ansmission of Depa~tmental Review Fo~ms
to Depa~tment Heads
Date of Review by Technical Review Boa~d
Date of P~e-Hea~ing Confe~ence
Date of Public Hea~ing Befo~e Planning and Zoning Boa~d
D~,te of Public Hear"ing Befo~e City Council
Date of T~ansmission of P~oposed Comp~ehensive Plan
Amendment to Flo~ida Depa~tment of Community Affai~s,
pu~suant to Flo~ida Statutes, s. 16~S.3184 (1) (a)
Date of TransmissIon of Proposed Comprehensive Plan
Amendment to Othe~ Gove~nmental Agencies Requesting
Notification, pu~suant to Flo~ida Statutes, s. 163.3184
(1)
(b)
____________Date of Receipt of Notice f~om Flo~ida Depa~tment
of Community Affai~s ~ega~ding Comp~ehensive
Plan Amendment, pu~suant to Flo~ida Statutues,
s. 163.3184 (4)
____________Date of Hea~ing befo~e Flo~ida Division of
Administrative Hearings, pursuant to
Fl.o~ida Statutes, s. 163.3184 (5) (b)
____________Date of Hea~ing befo~e City Council on
Revised Comprehensive Plan Amendment~
pu~suant to Flo~ida Statutes, s. 163.~S184 (6) (a)
Planning Dept. 4-~6
page 8
_________.____Date of Tr-ansmi ssi on of Revi sed Compr-ehensi ve
Plan Element to Flor-ida Depar-tment of
Community Affair-s, pur-suant to Flor-ida Statutes,
s. 163.3184 (6) (a)
____________Date of Receipt of Notice fr-om Flor-ida
Department of Community Affair-s r-egarding
Revised Compr-ehensive Plan Amendment
Date of Hear-ing befor-e Flor-ida Division
Administrative Hearings, pursuant to
Flor-ida Statutes, s. 163.3184 (7)
of
Date of Fir-st Reading of Or-dinance to Annex
Date of Fir-st Reading of Or-dinance to Rezone and
Amend Futur-e Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Or-dinance to Rezone and
Amend Futur-e Land Use Map
Date of Expir-ation of Zoning
Date of Expir-ation of Time Extension for- Zoning
Pl2",ning Dept. 4-86
page 9