AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
MeetiolI Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office
0 August 3, 2004 (Noon.) July 19,2004 [8J October 4, 2004 (Noon) September 20. 2004
0 August 17, 2004 (,Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004
0 September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1, 2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8J Public Hearing [8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended
that the subject request be approved, subject to staff comments. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 04-231.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Mango (LUAR 04-011)
Maggie Barszewski, Boynton Mango LLC
Boynton Mango LLC
Northwest comer of Boynton Beach Boulevard and NW 7"' Court
Request to amend the Future Land Use designation from Low Density Residential (LDR)
to Local Retail Commercial (LRC); and
Rezone from R-l-A Single-Family Residential to C-2 Neighborhood Commercial.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNAT
N/A
N/A
N/A
De opme Dep Director City Manager's Signature
P~~ an~ector CIty Attorney / FInance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\Agenda Item Request Boynton Mango LUAR 04-011 Public Hearing. 1st reading 1O-4-04.doc
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aGenda reGuest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
October 19 2004
November 3 2004
November 16 2004
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
~
Department Head's initials:
Boynton Mango (LUAR 04-011) Land Use Amendment & Rezoning/Public Hearing/First
Reading
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature.(s) missing 0
Incomplete suomittal 0
Missed deadline 0
Other 0 Reason:
PersonCOn!:clcted to picR up rejectedreql.lest
by
bg - 7/19/02
S:\P1annlng\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
On
(Date)
t
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Form Must be Turned
Meetin!! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 August 3, 2004 (Noon,) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004
0 August 17. 2004 (Noon) August 2, 2004 ~ October 19, 2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004
0 September 21, 2004 (Noon) September 7,2004 0 November 16, 2004 (Noon) November 1,2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance _ First
Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Department
of Development Memorandwn No. PZ 04-231.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Mango (LUAR 04-011)
Maggie Barszewski, Boynton Mango LLC
Boynton Mango LLC
Northwest comer of Boynton Beach Boulevard and NW 7th Court
Request to amend the Future Land Use designation from Low Density Residential (LDR)
to Local Retail Commercial (LRC).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Develop
LnC)-L ~
PI . g and Zo* Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\A.genda Item Request Boynton Mango LUAR 04-011 2nd reading Amend IOMI9-Q4.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
October 19 2004
November 3 2004
November 16 2004
Deadline for Submittal to City p & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e, . Exhibit "A'
Department Head's initi;;:f\ ~
Boynton Mango (LUAR 04-011) Land Use Amendment/Rezoning/2nd Reading _ Amend
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
;~~~~~~:}s~~i~, .~
Mlssea deadline 0
Other. o Rea'Sbh:
City Manager's signature
~
o
", ,~
Person contacted to pick up rejectedtequest
by
bg - 7/19/02
S:\Pfannlng\Pfanning Templates\AQenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc
on
(Date)
t
If
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office MeetinlI Dates in to City Clerk's Office
0 August 3, 2004 (Noon,) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004
0 August 17. 2004 (Noon) August 2, 2004 ~ October 19, 2004 (Noon) October 4, 2004
0 September 7. 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004
0 September 21, 2004 (Noon) September 7, 2004 0 November 16,2004 (Noon) November 1, 2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the October 19, 2004 City Connnission Agenda under Legal,
Ordinance - Second Reading. The City Connnission approved this request under Public Hearing and Legal, Ordinance _ First
Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Deparbnent
of Development Memorandum No. PZ 04-231.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Mango (LUAR 04-011)
Maggie Barszewski, Boynton Mango LLC
Boynton Mango LLC
Northwest comer of Boynton Beach Boulevard and NW 7th Court
Request to rezone from R-I-A Single-Family Residential to C-2 Neighborhood
Connnercial.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme ep City Manager's Signature
~ ~;;;'ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Boynton Mango\Agenda Item Request Boynton Mango LUAR 04-011 2nd reading Rezone IO-19-04.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet m..IIi1; accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aQenda reQuest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
Au ust 3 2004
Au ust 17 2004
Se tember 7 2004
Se tember 21 2004
October 4 2004
October 19 2004
November 3 2004
November 16 2004
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
~
~
Department Head's initials:
Boynton Mango (LUAR 04-011) Land Use Amendment/Rezoning/2nd Reading - Rezone
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM REl1JRNED FOR THE FOLLOWING REASON(S):
Signatur~s) missing 0
~~~:~~:d~J~~m1ttal ~
other (] 'Reason:
PerSon colitactedto.plck uptejetl:ed reqUest
by
bg - 7/19/02
S:\P1anning\Planning Tempiates\Agenda Item Cover Sheet Checl<list Aug 3 - Nov 16, 2004.doc
on
(Date)
7.A.l
BOYNTON MANGO (LUAR 04-011)
LAND USE PLAN
AMENDMENT/REZONING
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8< ZONING DIVISION
MEMORANDUM NO. PZ 04-231
Chair and Members
Planning and Development Board
Mayorand~~n
Dick Huds~CP
Senior Planner -{I...~
Michael W. Rumpf'
Director of Planning and Zoning
September 20, 2004
Boynton Mango/LUAR 04-011
To amend the Future Land Use designation from Low Density
Residential (LDR) to Local Retail Commercial (LRC) and rezone
from R-1-A Single-Family Residential to C-2 Neighborhood
Commercial
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Boynton Mango, LLC
Boynton Mango, LLC/Maggie Barszewski
Northwest corner of Boynton Beach Boulevard and NW 7th Court
(Exhibit "A")
3,700 sq. ft. (0.08 acres)
Low Density Residential (LDR)
R-1-A Single-Family Residential (with use as C-2 zoning pursuant
to Chapter 2. Zoning, Section 3.A.5.g. dealing with division of a
lot of record)
Local Retail Commercial (LRC)
C-2 Neighborhood Commercial
Commercial Development on a total parcel of 0.29 acres
(maximum potential of 6,316 square feet, based on a FAR of 0.5)
Page 2
File Number: LUAR 04-011
Boynton Mango
Adjacent Uses:
North:
Developed single-family residential designated Low Density
Residential (LDR) and zoned R-l-A Single Family Residential
South:
Vacant commercial property under the same ownership as the
subject parcel designated Local Retail Commercial (LRC) and
zoned C-2 Neighborhood Commercial, then right-of-way of
Boynton Beach Boulevard, and developed commercial uses (strip
commercial center) designated Local Retail Commercial (LRC) and
zoned C-2 Neighborhood Commercial
Right-of-way of NW 7th Court then, to the southeast, developed
commercial (attorney's office) designated Local Retail Commercial
(LRC) and zoned C-2 Neighborhood Commercial, and to the
northeast, developed residential (single-family residence)
designated Low Density Residential (LDR) and zoned R-l-A Single
Family Residential
East:
West:
Developed commercial (dental office), the southern portion
designated Local Retail Commercial (LRC) and zoned C-2
Neighborhood Commercial, the northern portion designated Office
Commercial (OC) and zoned C-l Office/Professional
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested action represents a minor boundary adjustment that will maintain general
compatibility of the proposed land use with surrounding land uses, with the application
of appropriate site improvements as described below;
2. It will resolve an inconsistency between the future land use map and the zoning map;
3. It will not increase the buildable square footage of commercial space for the property;
4. It may provide an opportunity for better site planning of the property; and,
5. Assuming that site improvements to prevent any possible impacts of commercial
development on the abutting single-family neighborhood to the north and east of the
subject property; are included as conditions of approval of the rezoning, such as:
. The buffer wall required between commercial and residential zoning districts shall be
enhanced and setback an additional three (3) feet from the property line (for an
overall setback of five (5) feet from the property line), with appropriate landscaping
on both sides and shall extend south along the east property line a minimum
Page 3
File Number: LUAR 04-011
Boynton Mango
distance to buffer the adjacent residence without interfering with planned driveways
and clear site triangles; and
. Any structure placed on the property shall be located as close to Boynton Beach
Boulevard as code permits to lessen the intrusion into the existing single-family
neighborhood.
BACKGROUND
The original plat for the subject property shows that lot 12 was platted with a 139.89-foot
depth along Nicholas Road (NW 7th Court) and approximately 74 feet of frontage along Lake
Avenue (Boynton Beach Boulevard). Lot 1, east of lot 12, across Nicholas Road, was platted to
a similar depth and width. Lot 11 and the remainder of the residential lots were platted with
frontages on Nicholas Road of 95 feet and depths of 73 to 74 feet. Subsequently, the north 45
feet of lot 11 was combined with 30 feet of lot 10 and sold for residential development, leaving
the south 50 feet of lot 11 vacant (and not meeting the 60 foot minimum frontage or the 7,500
square foot lot area requirements for residential development under the R-1-A zoning). The
owner of lot 12 purchased this remnant of lot 11.
In 1987, a request by the owner of the two parcels for land use amendment for the subject
property to Local Retail Commercial and rezoning to C-2 Neighborhood Commercial was denied
in a 6-1 vote (endorsing the recommendation of the Planning Department) (P & D Minutes,
5/12/87). The City Commission voted 5-0 to deny the request (CC Minutes, 5/19/87).
In 1992, the Planning and Development Board voted unanimously to allow the 50-foot portion
of lot 11 "zoned for residential use. . . (to ) be used for commercial use"(without a change to the
map), adding conditions that the north 30 feet of the subject property (abutting the residential
development) be used for drainage and landscaping and that any building developed on the
property be constructed in a residential character. (P & D Minutes, 6/9/92). The City
Commission also unanimously voted to approve this request with the stated conditions (CC
Minutes, 6/16/92). In arriving at this solution, staff cited a section of the zoning code that
applies when a zoning district line splits a lot of record (Sec. 3.A.5.g.-see EXHIBIT B).
PROJECT ANALYSIS
The parcel, which is the subject of this land use amendment, total 0.08 acre. Because of the
size of the property under consideration, the Florida Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are 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
Page 4
File Number: LUAR 04-011
Boynton Mango
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
prope~ in order to comply with policies contained in the comprehensive plan.
The directions regarding hurricane evacuation zone do not apply to requests for commercial
designation or to properties located outside the hurricane evacuation zone; however, other
applicable policies in the Comprehensive Plan, and specifically the Land Use Element, include
the following:
Policy 1.17.1
The City shall continue to discourage additional commercial and
industrial uses beyond those which are currently shown on the Future
Land Use Map, except where access is greatest and impacts on
residential land uses are least.
Policy 1.17.3
The City shall continue to utilize and enforce requirements for buffer
walls between residential and commercial or industrial districts as set
forth in the zoning regulations.
Policy 1.19.6
. . . The City shall not allow commercial unless a particular property is
unsuitable for other uses, or a geographic need exists which cannot
be fulfilled by existing commercially-zoned prope~ and the
commercial use would comply with all other applicable comprehensive
plan policies.
With respect to Policy 1.17.1, even though the southern portion of the property fronts on
Boynton Beach Boulevard, it is doubtful that curb cuts will be allowed by the Florida Department
of Transportation (FDOT), therefore access will be limited to NW 7th Court, a local street.
Additionally, there will be impacts on both the residential property to the north and to the east,
across NW 7th Court. The impacts to the single-family development can be lessened through
the application of appropriate site improvements.
With respect to Policy 1.17.3, the zoning code requires buffer walls set back 2 feet from the
property line on the commercial lot. Since the R-1-A zoning regulations require a minimum side
yard setback of 7.5 feet, the wall could be as close as 9.5 feet from the residential structure.
While a great number of the uses permitted under C-2 zoning are of relatively low intensity, the
district also allows convenience stores and restaurants, and with conditional approval, drive-
through, drive-up and drive-in restaurants. In the case of the latter uses, the required
buffering may not be sufficient to ameliorate the negative effects of these more intense uses;
therefore, the required buffer wall should be set back an additional distance from the property
line.
Consistency with Policy 1.19.6 is evidenced by the fact that the subject parcel has only 50 feet
of frontage on NW 71li Court and a depth of approximately 74 feet. This provides a lot area of
3,700 sq. ft. The minimum frontage required for development of a single-family residence in
the R-1-A zoning district is 60 feet and minimum parcel size is 7,500 sq, ft.; therefore, the lot is
not usable for residential development. Additionally, the approval of this request will serve to
Page 5
File Number: LUAR 04-011
Boynton Mango
clear up an inconsistency that has existed between the future land use map and the zoning map
since 1992.
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 can be viewed in two ways. In considering the properties fronting on
NW ih Court, the requested amendment and rezoning will extend the commercial designation
and zoning 50 feet farther into the residential neighborhood on the west side of the street than
on the east side. It does not, however, extend the commercial zoning to the depth that the
Office Commercial use extends to the west of the subject property. It should also be
recognized that the 1992 action by the City Commission extended the commercial use of the
property to the same depth now being requested; however, it did limit the buildable footprint of
any structure by restricting the use of the 30 feet adjacent to the residential development to
drainage and landscaping.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There are no changing conditions that make the proposed rezoning desirable; however, the
opportunity to resolve the existing inconsistency between the future land use map and zoning
map, does make it desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The approval of the land use amendment and rezoning will not add any development potential to
property that does not exist today, therefore, there will be no additional impacts to the utility
systems, roadways or other public facilities that have not been anticipated.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
Adjacent uses fronting on Boynton Beach Boulevard include a medical office to the west and an
attorney's office to the east across NW 7th Court. Flanking each of these uses are fast food
restaurants with drive-through windows. The extension of the commercial development into
the residential neighborhood could likely have a negative effect on the abutting single-family
residences.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is physically and economically developable under the existing zoning. For site
planning purposes, it will be advantageous to the property owner to be relieved of the
prohibition of using the north 30 feet for any purpose other than landscaping and drainage,
Page 6
File Number: LUAR 04-011
Boynton Mango
thus allowing a greater use of the property. In providing this relief, the City should consider
requiring some protection for the abutting residential properties in the form of additional
buffering and landscaping.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Given the fact that the parcel is very small, and already has been given C-2 Neighborhood
Commercial use, addressing this criterion is immaterial. The amelioration of impacts of
commercial development of this property on adjacent residential development will depend on
the ultimate use of the property and can be controlled through careful site design.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are other sites in the city where Local Retail Commercial can be developed; however, the
subject property alone does not meet the requirements for development, either for commercial
or residential use. The two alternatives would be either to develop it with a commercial
designation or add it to the existing residential lot to the north.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, potential impacts to the abutting single-family neighborhood should be
mitigated by appropriate site improvements, recognizing that the subject property is not
currently buildable as residential under today's code. Approval of the requests will not create
additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan.
Therefore, staff recommends that the subject request be approved and request consideration of
the following conditions to improve compatibility with adjacent development:
1. The buffer wall required between commercial and residential zoning districts
shall be enhanced and setback an additional three (3) feet from the property line (for an overall
setback of five (5) feet from the property line), with appropriate landscaping on both sides and
shall extend south along the east property line a minimum distance to buffer the adjacent
residence without interfering with planned driveways and clear site triangles; and
2. Any structure placed on the property shall be located as close to Boynton Beach
Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood.
If these or other conditions of approval are recommended by the Community Redevelopment
Area Board or required by the City Commission, they will be included as Exhibit "C".
ATTACHMENTS
S:\Plannlng\SHARED\WP\PROJECTS\Boynton Mango\STAFF REPORT NEW.doc
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Chapter 2 ZONING
Sec. 3. Regulations and map
A. OFFICIAL ZONING MAP
5. Rules for interpretation of district boundaries.
EXHIBIT B
g. Division of a lot of record. If a division of a lot of record makes
impractical the reasonable use of land, the extension of either portion may
be permitted as an exception beyond a district line to a determined extent
or into the remaining portion of a lot upon approval by the planning and
development board and the City Commission.