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CORRESPONDENCE ~.! I '(;;J \ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Sox 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Ms Maggie Barszewski 751 S. W. 5th Street Boca Raton, Florida, 33486 Re: Boynton Mango Rezoning Dear Ms Barszewski: After checking your application for the above referenced project and checking the records for the subject property, I find there are two problems-neither of which is major. First, the requested changes are for only the southern fifty (50) feet of Lot 11, if my understanding of the request is correct. If this is the case, we need a survey and legal description for only that portion of the property being rezoned. Second, the underlying land use on the southern fifty feet of lot eleven is Low Density Residential. A request for change in land use designation to Local Retail Commercial must accompany the request for rezoning to C-2 Neighborhood Commercial. Since public notice should be mailed by Monday, August 30, 2004, it is important that you make these changes as quickly as possible, in order to keep the project on its current schedule. If you have any questions, please contact me at 742-6264. Yours truly, ~J! ~ Dick Hudson, AICP Senior Planner S:\Plannlng\SHARED\WP\PROJEcrs\Boynton Mango\LetlerS-25-04.dot \~ ') J The City of Boylrton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Ms Maggie Barszewski 751 S. W. 5th Street Boca Raton, Florida, 33486 Re: Boynton Mango Rezoning Dear Ms Barszewski: After checking your application for the above referenced project and checking the records for the subject property, I find there are two problems-neither of which is major. First, the requested changes are for only the southern fifty (50) feet of Lot 11, if my understanding of the request is correct. If this is the case, we need a survey and legal description for only that portion of the property being rezoned. Second, the underlying land use on the southern fifty feet of lot eleven is Low Density Residential. A request for change in land use designation to Local Retail Commercial must accompany the request for rezoning to C-2 Neighborhood Commercial. Since public notice should be mailed by Monday, August 30, 2004, it is important that you make these changes as quickly as possible, in order to keep the project on its current schedule. If you have any questions, please contact me at 742-6264, Yours truly, ~tJ ~ Dick Hudson, AICP Senior Planner 5:\Planning\SHARED\WP\PROJEcrs\Boynton Mango\Letter1l-25-04.dot MINUTES - PLANNING. ANDDEYELOPMENT BOAR\) MEETING BOYNTONBEACH.FLORIOA' . . JUNE 9. 1992 ,.. . The motion carried 6,..1, (Mr, Miller cast,the dissenting vote,) Sinceother.members of the audience wished to express their opinions, Chairman LetlOartz advIsed them to appear before the City Conmission on June 16; 1992, C, OTHER 1, Request for Walter Dutch to allow a lot zoned for residential use and cOIlIDercial use. to be used for COflIIlercial use as allowed by Appendlx A, Section 3,g, Division of a lot of record, Mr, Cutro made the presentatton, This property is located at thecQrner of NW 7th Street and Boynton Beach. Bou 1 eva,rd , . Mr. putch has re<'!ueste(i abGundary determinattonon Msproperty. Mr. Dutch OWI'Ill all of LotlZand tnl! south 50.' of Lot 11, The south 1Z5'of'his property 15 zoned C,...Za!:id the ndr'thern 50.' is zoned R-1A, . It 1.s Mr. Dlltch' s contentio,n that h.is entireproper't.Y should be zoned C-2 ,Mr. Cutro stlitllCl that, ~ porhonpf lot 1l tSRowzone~e-2whiCh allows the CUy to. fOllow APpendix.A, ,sePtioll.. 3.;5.9.111''; i:CUtro quoted fr001 that sect,ion. The p.ortjonof Mr,O~;tqllr,S' propet1;~,' wlli'cJ1 i,s tQ!ledR~U, ~i l1yield a 5 ingle-fami 1 y lot which i5., apprMimate1y.3;;5QlJ. sClu,are. ,fee." ,BYdlllvel!lping that 50' of LOt 11 as residenti~l, Ms,. ab111j;y tP:d~V~lPfl.tot 1~ 'as ~ert;ial1s greatly reduced. Mr, DutCliha's$oabiHtytll add addU10rtallanQ to the pro- perty, Staff recollll1endedthat the north 50' be apow~~ to be USed' in the C-2 zoning Category, After dU.cuss10ns W1t.h the' a~~i1tifor thia apP 1 ic:ant". it was determi ned that a better site plan can beytelded if that figure iSchangeq t6 the northern 30il. A map was C1isplayed for viewing by the members, It was de,termined that if the building is shifted bacK, the proposed parkingc~n be accomnodated .at the front of the lot, TheimpactM Lot 2 across :the:street is greatlY.reduced, Mr, Cutre would also. aqd.a l'eCOIlIDenc{ation that the buildlngmust be residential in character to match up wlth 'the sing 1 e-famtly homes in the area, In response to a question posed by Mr, Miller. Mr. Cutro explained that the map willl10t be changed,but the OWner will be permitted to use the property as C-2, That will be recorded on the map with an asterick. and a explanation to see a file" for an explanation. Thisi:; not a zoning change, Mr, CutrD further exp.lained that in 1987. there was an ap.pl Ica1;ion :before the Board for a land use plan,amendment and zoning change for this pnlperty~ Staff reconmendedagainst it. Mr. Cutro c{tsagreed with that staff report, Staff recDnmends forwarding this appl1cation to the City COllllJ1ssion with a recoll1llli!ndation for approval wtth the condltipn that the rear 30' be used for dl'ainageand landscaping and that the house be constructed in a residential character. r-"'_.~ Anna Cottrell, ~ Palm Beach ~Bou1evard, West Palm Beath. represented the owner and prov,ideda histpry Df the lot in question, It was explained that the prop~rty was originally platted, with twelve lots in the' early 1950.5. Soon after thal, an amended legal descript~on created fifteen lots from the orfgfnal twel ve. When Mr. Dutch purchased Lot 11.1, it appeared to i ncl ude the property - 18 - " . MINUTES-PlANtUNG AND DEVELOPMENT BOARD MEETING Bl)vNTOH 'BtACH.'~ FLORIDA JUNE 9. 1992 "'..1.' in. question in the conmercial zoning district, Since the owner paid cash for the property,no investi9a~ion was mad.e on the proper zoning map until 19S1 when th;lreWaS!in. .0Tfer to purchase the property. At the time oftl oslng. it was detel'llJirle!lth!lt 50' of Lot 11.1 isin theres;dential zoning district. That h.as rendetedtwo lotsunllsable, . She requested: the combining of the lots to be us-ed for. eonrne.rcialpllrposes, Thatw; n eI iminate the non...eonformlng lot, in the' reSfdentfal zorling districtand!iddto the development potenttaTof the c.onrner- cial lot. She thanked Sue Kruse and the City CIerI<' s Office for the a~sistance they provided. ~r. Mlllerwas,of tn.e opiMol1th1at. by 'p&r.qtltMng thi~,t!leBoard would be pUshin~, aiD~I:119 IiQundary ~ Nt 'CIltt?.,~~ltte~r Pha.t th~pr()vls10n~all olojllng tM s ts, unU~al,!i).lf:r t~dilternat1Vew~~Hd!be tOgatnf"!l\JQIi~ ']ll,lIli ~se plana!lleJldment aoll a ,~ili\9ai)iendrl\e:nt wnt-eh.";; nla,f(e;dfiP'roJitm.ately:n~ne'nlllnths, Nr ,Clltro J~e'lS.7h.,iS ..rtic~. dq.t.JOil i.~il.Jl.~~.aSi~('~..'!bO.d;of 9.ll:~t.ln. ~t.M$ ".:Ull ~e,... .bUtint~ncl~ tQma~e,tM:i @:ju~tm~nt to the lIlML~ni1 E!X1l.la.!n th~L.!;~wllel'l tbeClllI\P.rehenslVe fl'la:h ilfdone.' " , , It wa~cpnflrmedf()rCha1rman .Lehnert;!: that if this is APprqv:ed, a sHe plan Wi1ICcmle-''bef9~etlie Board whfi1l) t!\eproP!!r~tesare deit~l~ped.. " Mr, Gutro further pOjnteQ P\tt that aU site plans aretrow:posted so thatc1tf.zens are aware of wnat'is intended. f..-'f> Motion , ' Mr, Miller moved to approve the request to allow a lot zoned for residential use and c6nrnercla1 use to be used for cO!lJl1el'cial use as allowed by Appendix A, S'ec.t10n 3.g, D1\1is10n of a lot of recor-d, sul1ject to staffconments. Ms, Huckle seconded themot10nWhich carried unanimously, COMMENTS BYNEMBERS Ms, Stevens asked Mr. Cutro to keep her informed. of the parking lot upgrad1ng s1tuat1on on the'ROllyson property beh1nd Waste Management, Conrn;ss10ner Aguila thanked the Board for their actions during the past two meetings. He has been Informed by applicants, developers and c1tzens that bus1- n~ss is being conducted the way it should have been all along. Conrn;,ssioner Agulla 1s pleased with their performance, ADJOURNMENT There being no other business, the meeting properly adjourned at 10:31 p.rn, ~.v,~m.~ Janet M, Prain1to i ~: Recording Secretary (Four Tapes) - 19 - Hudson, Dick (Orran) From: Sent: To: Cc: Subject: Johnson, Eric Thursday, September 16, 2004 4:30 PM Rumpf, Michael Breese, Ed; Hudson, Dick (Orran) Amendment to parking code Mike, I was speaking to Ed this morning about amending the LDR, specifically, of how it relates to parking requirements for big box retail and its out-parcels. As you can recall, we discussed these amendments during our LDR re-write session. Everyone agreed to the changes. As a City initiated amendment, I proposed the following language: Chapter 2, Section 11.H.16.d.(1) Restaurant, bars, cocktail lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one-half (2.5) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. excludinq indoor child recreation / Dlav areas such as lonq as it does not exceed 15% of the qross floor area. Outdoor seatinq is allowed Drovided that the total number of outdoor seats does not exceed the total number of indoor seats. Chapter 2, Section 11.H.16.d.(2) Shopping Centers: One (1) parking space per two hundred (200) square feet of gross loasable floor area. The maximum number of Darkinq spaces Drovided may not exceed 125% of the minimum number of required Darkinq SDaces. Chapter 2. Section 11.H.16.d.(25) Retail establishments qreater than 50.000 square feet. naJisted elsewhere: One (1) Darkinq SDace Der two hundred (200) square feet of qross floor area. The maximum number of Darkinq spaces Drovided may not exceed 125% of the minimum number of required Darkinq SDaces. Thanks, Eric 1 L Q (j L~ c.+ -{J / :;; .cr. < , The City ofBoywton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org March 25, 2004 Walter Dutch Trust Judy A. Hatfield, TR 240 Southland Rd Palm Beach, FL 33480 RE: Parcel #: Zoning Verification letter 08-43-45-20-06-000-0111 NW Corner of NW 7th Ct and Boynton Beach Blvd. Dear Ms. Hatfield: In response to your letter dated March 25, 2004, requesting a letter of confirmation for the above-referenced property, and as a follow up to our pre-application meeting of the same date, please be advised that the property, through City Commission action of June 16, 1992, can be used as C-2 , Community Commercial District. The land use designation for the entire parcel is Local Retail Commercial, according to the Future Land Use Map. As we discussed during the pre-application meeting, City Commission granted approval of the request to use the residentially-zoned portion of your property (lot 11), consistent with zoning regulations for the adjacent commercial parcel (lot #12). As conditions of this approval, the rear setback from the northern property line of lot 11, has been designated at 30 feet to accommodate landscape and drainage requirements for the site, along with a design that is architecturally compatible with the adjacent single-family homes. We are satisfied that development can occur within the existing condition constraints, based on the two design alternatives presented at the meeting. If you need additional information or assistance, I can be reached at 561-742-6374. Sincerely, ~~ Nancy By e Assi~re r of Development XC: Michael Rumpf, Planning & Zoning Director Ed Breese, Principal Planner James Cherof, City Attorney G:\Dutch Property Zoning Vcrili<;ation.doc \. ~1 7 ' 1/1 {Ll tiL .;?IJ / ,:l6~ { J/ ----r: 01 '7. /' ,/ / [,r i ,(,dJZJliJ(j <I ,Jt/u ltJ Ajjj( {~fz! i /-hj1t'hi I3ldd___ a' LeY; LU ~T '/C--L {-<- Ie tt~'L (1 l / /- L ':JrJu It,:! '-z 't L 'I',." tj" .' j, llrZ I E( ~ # - 6~ +~ L\-S :;{c.':G& uOCD/Ill{CtcD,,'Ll ~..t It It t,C/J1L L; i Ie /L. 7i4 diet.. v- /3b;!Ltt/( /:JtaLjl )!;{. 'tf, ,(.-u JZ7 . tic Sc>,~{h. 00 }f:.; ,~Jd II "lid ,Jt--i /:J. )!iZ~e/Lf fa ~Ic. I J-t rlt Lhi. ({( . ([' dc1.1.' L 1) L: } L (L ( ,1/Lt:,-f -cLtLJ I'KL(~L(t(Z)( {,( (.(i L 'f.(; "pc do. LL J ;d.l( t..:2. J"" {,J H L, tt ccCLJ1 /\.:'V-"fJJltilL !3tt{{I(t,. ll, IL ~(['- L /J~(t. (~ 7 tiu..f 1',dj it 711j/( /11. :J Lj ( c..Jtd &zld I( t( Ilt! rk(m 13(/(c/I/ 7/ 33LfJt) The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION 100 E. Boynton Beach Boulevard P.O, Box 310 Boynton Beach, Florida 33425-0310 TEL. 561,742,6260 FAX: 561-742'6259 www.boynton-beach.org March 25, 2004 Walter Dutch Trust Judy A. Hatfield, TR 240 Southland Rd Palm Beach, FL 33480 RE: Parcel #: Zoning Verification letter 08-43-45-20-06-000-0111 NW Corner of NW 7th Ct and Boynton Beach Blvd. Dear Ms. Hatfield: In response to your letter dated March 25, 2004, requesting a letter of confirmation for the above-referenced property, and as a follow up to our pre-application meeting of the same date, please be advised that the property, through City Commission action of June 16, 1992, can be used as C-2 , Community Commercial District. The land use designation for the entire parcel is Local Retail Commercial, according to the Future Land Use Map. As we discussed during the pre-application meeting, City Commission granted approval of the request to use the residentially-zoned portion of your property (lot 11), consistent with zoning regulations for the adjacent commercial parcel (lot #12). As conditions of this approval, the rear setback from the northern property line of lot 11, has been designated at 30 feet to accommodate landscape and drainage requirements for the site, along with a design that is architecturally compatible with the adjacent single-family homes. We are satisfied that development can occur within the existing condition constraints, based on the two design alternatives presented at the meeting. If you need additional information or assistance, I can be reached at 561-742-6374. Sincerely, l .. . i Ii lI'j '1../ i , Ic'~ Nancy BY1'le: Assistant Oirector of Development XC: Michael Rumpf, Planning & Zoning Director Ed Breese, Principal Planner James Cherof, City Attorney G,'Dukh Propcrt)' ZomogYcrilicallon,doc Page I of I ~% Ii<B"" I . ~ \ \\.t.. "l/ ~~~/ Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ...- ~ 0050 . .... . Search ,)1 Identitv /_lr.llla~ Custom Layers ,..- ~~ ",; ~' ........ ~ ... . . J- I I I p Aerial Photos will not show jf the Map Scale exceeds 1.7500 I Refresh Map I Check the layers you want to see, then click the refresh map button ~ - ~."""~..,,.., ~ ROY N TO N ~KE"!A~C ~'(.S LV 0 .'. ..' --..... . '... -. ".:;--,... .- , U~ ~... , ''iSl'I." " ~, ort: Legend D Pared BOlIldary ~ Lot nurrb..- Palm Beach County Property Map Map Scale I: 1505 Copyright Palm Beach County 2003 All Rights Re:;cr.:ed - Subject to a License Agreement. Map produced on 3.'25/2004 from PAPA http://gisweb.co.palm-beach.f1.us/papagis/presentationlmappinglprintnew.asp?MAPURL=... 3/25/2004 Palm Beach County Property Appraiser Property Search System Page 1 of2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System Property Information Location Address: NW 7TH CT Municipality: CITY OF BOYNTON BEACH Parcel Control Number' 08-43-45-20-06-000-0111 Subdivision: DEIERL PARK IN lRmIlShow Hap..1 Official Records Book: 08276 Page: 1602 Sale Date: May-1994 legal Description: DEIERL PARK. S 50 FT OF L T 11 & l T 12 (LESS SLY RTN CRY AREA SR 804 RfW) Owner Information Name: DUTCH WALTER TR Mailing Address: 240 SOUTHLAND RD PALM BEACH FL 33480 3417 2003 Certified Appraisal Improvement Value: $0 Number of Units: Land Value: $76,710 $76,710 * T alai Sq. Ft: o I Structural... I I Extrl.. I I und.., I Market Value: Acres: .29 Use Code: 1000 Description: VACANT COMMERCIAL * in residential properties may indicate living area. ~ 2003 Certified Tax Ad Valorem: $1.833.39 lRmI ITax calculato~ Non ad valorem: Total: $0.00 $1,833.39 I Detail... I 2003 Certified Assessed & Taxable Values Assessed Value: $76,710 Exemption amount: Taxable: $0 (2003 Exemption) $76,710 Exemption Information Unavailable. Sales Information Sales Date May-1994 Apr-1992 Apr-1989 Mar-1986 Jan 1978 Page 1602 1478 1128 1117 1310 Price Instrument $100 WD $100 WD $100 WD $100 QC $5.000 00 Owner DUTCH WALTER TR Book 08276 07225 06020 04846 02985 Print Information I Horll" I I Bolek: ! S8.11 r.h I I Se.1rr.h Result, http://www.co.palm-beach.f1.us/papa/mainldetail info.asp?p _ entity=08434520060000 III 3/25/2004 ~ (~ i'1l/spv I<~E"'t: r Dl>lJtlH "'1fT I r:Ac 10 /(y S f"Tl? I 1bOYNiO N Bf/.\c," ~Lvl>, ~ ~,W. '1+-h. CRT. c.-;J. Lo I ""'5t>'1NTbN ~EAeH ~L\Jl:> ?RD.pER1~ CDN1R~L ~ O'b 43LJ5 Oloo~ 000 0/11 OWN E R : t1J A L, E R. 1) UTe H TR . -rEL 5iAl- ~4J.\-oI4q f=.A'/.... SlP\' <;1l~3. {PAOL..\ Lf~ AL: oS 50 J (J~ L 0//1 '+ L..o T I?.. t>e IE R L PAR.k.. 517...G": '7 5 JiX J / q. J -t A PIl12ox. J ~ 000 D I z..otJt:D c- ~ (! om'1- 'BflYN7DN aE"A::H 'PRICE; #;<~5', 000, SEL.l..ER W/L.L f"AII.c PF\PEQ "D.o./. 1RPJ~CI(!'CoONT 40/5100 CAf<.s1>AILY GOlJN-r -rPn<.efJ -rwo VcA([S AGoll . o tJ. fA ~4(~~/L~~~ LL;OI ::JOl~/OD"'O:J OUYI'iIUI'i ~t:.J-lvn r- 6t L rl-l'.:l.c.. tJJ. /2 / DEPARTMENT OF DEVELOP ENT ~ . ~'l<mJng . NoIghborfIoodSMv_ . ~/IOMI .. . Oommunlly_., '. _II March31,~O - , '-, Mr. Walter Dutch/Ms. Judy Hatfield VIA FACSIMILE 520-625-0542 Subject: Walter Dutch property on NW 7th Court Lot oftecord case and use restrictions Dear Mr. Dutch: .. Please accept this as doclllllentation for your files and ..ily records whioh dellcribes city approval granted on 1W1c 16, 1992 for the above-referenced property (LDt #12 and a portion ofLat III within the Deierl Parle subdivision). As discussed during our telephone conversation on March 3 l, 2000, th e is no question that the Commission grlllltc:d approval of the request to use the residentially-zoned portio of your property for commercial use consistent with :r.oning regulations for the adjacent conunercial parce (lot #12). However, as confmned by 1im Cherof; City Attorney and documented in his E-mail to me dated arch 31, 2000, two conditions are'construed'fo have been a part of this approval. One condition is the re ulrement that the rear setback (setback from the northern property line of your portion of Lot #11)of30 ft applies to all elements of a:future project except for .landscaping and drainage (a buffer wall is also lISSumed 0 be allowed within the setback area). The second condition is the requirement that any buildings cons on this property which are built in accordance with the Approval granted on JUlIe 16th must.be design d with residential oharacter, I trust that we now have a similar uoderstanding of the use provisions and restrictio applicable to the subject property. lrea.lize that it has been a fiustratlng experience for you, as I believ is a result of this un.lquc approval granted for this property that is easentially only documented through minutes from the respective lJJe~ting. As previously Indicated to you, I co.tnmit to you that I and the of the Plann.ing & Zoning Division will maintain an accurate \I1lderstauding of the subject approval and estrictions, and wlll accurately communicate 98me during subsequent inquiries. Please contact this office at 561-742-6260 if you have questions regarding this matt SIncerely, 7UL- Michael.RlIllIpf Planning & Zoning Director cc: lose Alfaro 1im Cherof Subject file MR \\CIl\MAlN'SIlllJ)ATA\PlUlllllntSlWWl\~PBCPROJ\Dull:l1 Wallet.doc , , City of Boynton Beach . 100 fat Boynton IlMch Blvd., P.O. Bol< 310 . Boynton Beach, Florida 3342$.0310 , PhOl>4l: 15G1)742~50 · _.cI.boyntcn-beach.lI.ue . APR-3-2000 MDN 08:37AM 1D: PAGE: 1 ':J6 will equally split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration 237 award, the prevailing pan) the arbl1ratlon shall be entilled to recover f. 'the non prevailing party reasonable 2"J6 attorneys' foos, costs and eX.....dnses. 239 ESCROW AGENT AND BROKER "0 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items In 2" escrow and, subject to clearance, disburse them upon proper authonzation end In accordance with the terms Of thiS 242 Conlract, Including alsburslng broKerage lees. The parties agree that Escrow Agent will not be liable to any person for 2'3 miSdelivery of escrowed items to Buyer or Seller, unless the misdelivery IS due to Escrow Agent's wUlful breach of thiS ,... Contract or gross negligence. If Escrow Agent interpleads the subject matter Of the escrow. Escrow Agent will pay the '45 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from lhe '46 escrowed funds or equivalent and chargea ana awaraea as court costs in favor of the prevailing party. All claims 247 against Escrow Agent will be arbitrated. so long as Escrow Agent consents to arbitrate. 16. PROFESSIONAL ADVICE; BROKER UABILllY: Broker aavises Buyer and Seller to verify all faCtS and representatIOns that are important to them ana to consult an appropriate professional for legal aavlce (for example, Interpreting contracts, determining the effect of laws on the Property and transaction. status of tille, foreign investor reporting requirements, elc.) ana for tax, properly condition, environmental and other specialiZed edvice. Buyer acknowledges that Broker does not resiae In the Property and that all representations (oral. written or otherwise) by Broker are based on Sellor representations or public recoras unless Broker indicates personal verification at the representation. Buyer agrees to rely solely on Seller, p",fesslonal Inspectol'9 and govemmental agencies tor verification of the Property condition and facts lhat materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all tevels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arisinQ from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's misstatement or tailure to perform contractual obligations: (2) Broker's performance. at Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, Incluaing BroKer's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibitity for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory Obligations. For purposes of this paragraph. Broker will be treated as a party to th;s Contract. Th;s paragraph will survive closing. 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer acknowledge that the brokerage(s) named below are the procuring cause of this transaction. II'ISll\JcttOI'l to Closing A(lent: Selle, and Buyer direct closing agent to disburse at closing lhe full amount of the brokerage fees as specified in separate brokerage agreements w;th the parlies and cooperative agreements between the brokers, unless Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will diSburse orOKerage fees as indicated below. ,.., ,.. '50 '5' 252 '53 25. '55 256 257 258 '50 >GO >lI' 252 203 264 265 266 267 26Il >lI. 270 27" 272 Real E.,rat9 Licensee Z/3' 214' Btt>ka' I eroJo.~ fe.iJ: is or ~ 01 Pvrc;ha:>6 Price) VS' Rf# etate l..JCtiJnS99 _/ g,."""'llfl6 '"".. If Of '" of FVchas. Price) 276 ADDITIONAL TERMS 27r 1S. ADDITIONAL TERMS: 218" Sellor to provide Buyer with. Eoning verifieatioD lattQr from the City of Boynton 27;- Beach confirming that the entire property is lIonod C2 and is developable under the ~C2 guidelinee. Said letter to be delivered on or before April 16, 200.. In the ~1' event that seller can not obtain the letter by this date buyer and Beller will 262" mutually agree to extend tba closing date. ""'. 284' '66' ,... 26'- '''''' 200' 200' >0" "",. 293' ,... .::s c2ucL.~ Z P.U CA.f'~ yrJ- ~ ~ /210 Lj ~) I 0; ~ -A~t 295' Buyer / / L-J!r1d Selle< L-J L-J aclo'oMedge roceipt r:I a copy r:I tt1s~. whd1 is Page 5 r:I 6 PEges. VAC.~ '- 02000 Flotlda Assoclatlon of RwTOf'l. 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C rJ W~ r-- 1.1 !Cl WD " CONtSA~SS AVENU c D ~ }) ~.',.i' m: __~ ~[]c- Th/ : 1 ,. " II' ~lm.JBI' ,.:~j C "D - - ';, .: J ....: , U /JiLlli I ' i I I 1 ~,-, .. ~_, ; .~ 1 ; I I , " " I J' .,' ,,_ , ~~ rrrn fTR_. " . nm:n MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 16, 1992 2, Project Name: Agent: Owner: Location: Description: Bootstop Thomas T, McMurraln American Development Corporation c/o Rlchard Boyer 1895 North Congress Avenue Site Plan Modification: Request for site plan approval to construct an 11,772 square foot retall 'bookstore as an outparcel at the Target Shopplng Center, Mr, Cutro said this Is a request by American Development Corporation to allow the construction of an 11,772 square foot bookstore at 1895 North Congress Avenue, which Is located In the Target Center, The appllcant Is requesting to comblne two existing outparcels from the original site plan and expand the floor area to accommodate the proposed structure, Another outparcel exists on the site, It should be noted that the applicant will need to have another trafflc stUdy done In order to develop that site, He has run up his square footage to the polnt that what he Is proposlng on that site will have to be rerevlewed by the County, However. that does not affect this site at the present time, There Is enough square footage left In the original site plan to allow this to go for- ward, Staff reviewed the proposed site plan and found that the slte compIles wlth the various codes of the City, lncludlng the zoning district lt Is located ln, the Community Deslgn Plan, and the Landscaplng Code, The Plannlng and Development Board reviewed the proposed site plan and forwarded It the City Comm15s10n with a recommendation for approval, Commlss10ner Aguila said at least two years ago when the Target site plan was orlg1nally brought through the City, It was a project of his offlce, Slnce then his office has done no work for Target. Target Is no longer a client of his offlce and his office has no personal gain, Mr, Cherof asked Commissioner Aguila If he has any work pending with that particular cllent or If he Is owed money from that project that might be paid If this were approved, Commissioner Aguila answered In the negative, Mr, Cherof advised he has no confllct, Motion Commlssloner Harmening moved to approve this request for site plan approval to construct a 11,772 square foot retail bookstore as an outparcel at the Target Shopping Center, Commissioner Aguila seconded the motion whlch carried 5-0, ~ C. Other . 1. Request from Walter Dutch to allow a lot zoned for residential use and commerlcal use to be used for commerclal use IS lllowed by Appendlx A. Sectlon 3.g - dlvlslon of.lot of record (corner of Boynton Beach Boulevard lnd N. W. 7th Court) Mr, Cutro sald this 15 a request by Walter Dutch for an exception to allow the use of a portion of a lot that Is split by a zoning boundary for a C-2 zoning use, This Is allowed by Appendix A, Section 3,5,g, The subject property Is located at the northwest corner. of Boynton Beach Boulevard and N, W, 7th Court, The southern portion of the lot Is zoned C-2, while the north flfty feet Is i V 04 \ j Il / MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE Hi, 1992 zoned R-I-A and Mr, Dutch wishes to use the entire parcel as if it were zoned C-2, It should be noted that a l~nd use plan amendment and rezoning of this same property were denied 1n 1987 by the C1ty Commiss10n and the Planning and Zoning Board, Staff reviewed the request and feels it is reasonable since the R-I-A section Is approximately fifty by seventy, wh1ch would const1tute about a thirty-five hundred square'foot lot, That lot 1s s1gn1f1cantly 5malle~ than 'residential lots around 1t.. In addition, the west side is zoned C-I. '-The applicant has agreed to limit the north th1rty feet to drainage and landscaping, which would provide a thirty foot buffer between the house on the north side of this property from any building that might take place, Originally it was recom- mended that the north fifty feet be limited to that; however, after 100k1ng at a proposed site plan from the applicant, if parking is put back there, it will be even a greater impact.to the houses, It is better to put the parking in the front and slide the building back a 11ttle bit more, The applicant has also agreed to make the building residential 1n character to fit in with the surrounding houses, At 1ts June 9, 1992 meeting, the Planning and Development . Board reviewed this request and forwarded 1t to the City Commiss10n with a recommendation for approval, Anna Cottrell of Urban Design Studio. 2000 Palm Beach Lakes Boulevard, West Palm Beach, stated that this w111 not only improve the developability of the one lot that faces Boynton Beach Boulevard, but 1t also has the effect of eliminating a currently nonconforming lot that 1s undevelopable, In addit10n, it gives the City the ability to impose some cond1t10ns on th1s development beyond the site plan approval conditions, Motion Commissioner Harmening moved to approve the request from Walter Dutch to allow a lot zoned for residential use and commercial use to be used for commercial use as allowed by Appendix A, Section 3,g - division of lot of record (corner of : L::BOynton Beach Boulevard and N, W, 7th Court, Commiss10ner Walshak seconded the i L motion which carried 5-0, 2, Request # \~ ion of the Knuth Road PCD (West Boynton Boil'- ~. ROf.d, southwest corner), TUl Oalts PUD (East /.s- 'xtended south between the LWDD L-25 and L-26 tJ 0 I 'each Boulevard PCD (South side of West r 8 .\ "d between North Congress Avenue lnd Knuth (),:;7 ,,1\- IV ' O\-- \:;,1' 0'\ I -"\I C 'i , \ ~ C: 0, r<' 0 /\ '()~ ser1 es of three planned developments tha t w ~ 01'-' .\C:'- ~ /.\l,CI December. of 1990, which includes the Kr. . (I \ \ _ N ) \" '/S) 'd the Tara Oaks PUD. The Ci ty Con ,,'\ n ~~. 1--~ ,inary plat and the site plan for the Knu\ ,l.\\\.... 0b (:. v' wements have already been approved for, r ~~ f\ () e,t::- \lso had d1scussions with the appli- cant , \\~ 01"',\.... to do of exotic species on the Boynto. ~I-- ,A~ f some progress made in terms of trying ,,\ 1" ,V .."S request has been discussed w1th the Con~ 'Qlv ~ojections have been raised to the - 15 - 140801"&:1': ~,l<.._-;;.<.~ LQ.~!~re~f '. ; . 10,1 , , '}'. . :lQ,g:. .-..,.... ~ t1d.' 15.' 26-00SF . 'SICI- I H !9 --..-' . ' 20" , P.~k.tntt Area . ,~ 12:t 5' t-...,. ,~O : ..'.,'/ ..... ~;'~f ,tJ .)0. ". .~!:.:. . '---- '. - , . .---' "0 .~ 'etS . o a: tJ) Cl:l - '0- J:: (J Z. & .~ ':\ "'-. ~ .... --- < 3 - : H H . .2 .- . B r ..- . . - ~~ 1 . -.- .: .. . . -~ '", "~Ultlmate R.O.W. \:'----., ~~......r.~.:'f"::.., ~-:.;..., . -'...~- "R..C?,Y{tf . , .. . ~, I~ / '. , ~:.fA'" . ..1 : :i::-" '7~'" T C~2 ~ ;1 , , 'Bd '~rtrh~Be"'a'cn!. Bbtiievaf'eU.. _".. ..Y.... 9,0...., ".....'"-'... .. ,,,......... , - .F;~:'A!r'NWt2iicfA\l'e; . . . ", . , .,. Cqn~_~' Dutch' Pi"op~ny.,1:;:; ,'"..:. . ' .:.....'..ug 1:;,A,:,.htl,,-.:.1 ....;,.. .' "n' ..... I Do.. .$. 'Cr' ' ~12652!oo,i 1 "=:t40' "4::'29~92'" .. I - ':' , __.__,~____ -1--\ :; /-. /: d~ L. , (It/'V- Y ~'r('" '. _L., .., . -i7 ( c_ .- --1J 24- APPENDIX A-ZONING Sec. 3 Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be ' made' in district boundaries or other matter portrayed on the official zoning map by action of the city council of Boynton Beach. Within thirty (30) days after passage and the receipt of a -properly attested copy of a change or an amendment by ordinance, the city planner or building official shall make the pro er change on c 0 ICla zoning map an s a eel' on I e e copy ot tile change and make same available for .rtaerence tor the gene.ral pu-uuc. Rules for interpretation of district boundaries. a. Extent of district boundaries: The zoning with'in any district extends throughout the entire area of the district unless otherwise specifically provided. b. Boundary locations: District boundaries follow lot lines, centerlines of right.of4vays of streets, alleys, railroads, canals, iakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In unsubdivided property, unless dimen. sioned, lines shall be determined by the use of the scale on the map. c. Boundaries following waterway shorelines. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot or parcel; and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. . Submerged lands shall assume the regulations of the district adjacent as the district shall be construed to extend into the water area in a straight' projection until met centerwise by other districts. d. Boundaries concerning abandonment. If the boundaries arc not changed, the zoning of .the ,! 1895 LAW OFFICES OF THOMAS A. HOADLEY, P.A. P.O. Box 210485 WEST PALM BEACH, FLoRIDA 33421 13) Telephone 561-655-5962 FaCSImile 561-835-9527 THOMAS A. HOADLEY 3JO AUSTRALIAN AVE. PALM BEACH. FLORIDA 33480 ' September 28, 1998 - Mr. Walter Dutch Ms. Judy Hatfield 333 Mission Twin Buttes Green Valley, Arizona 85614 Dear Walter & Judy: This is concerning the meeting I attended with the City '-Planner, Mr. Ruff, and the City Attorney, Jim Cheroff. I felt that it might be appropriate to keep in the record in case there is any question about the matter we talked about. During our conference, Mr. Cheroff took notes as to the issues involved, your position, the law, and so forth. At the conclusion of the meeting, he stated that, the following would appear in his notes on file so that any interested purchaser might review them to determine the zoning status of the North 50 feet of your commercial lot on Boynton Beach Boulevard. Mr.. ,Cheroff stated that he was going to write in his report that'the North,50 feet is still zoned residential, but carries a "special exception" that this 50 feet can be used for commercial purposes in the same C2 manner as the south, currently zoned C2. Mr. Cheroff based his finding mainly and in accordance with the 5-0 vote of the City Commission on June 16, 1992. There was then some discussion about how a prospective purchaser of your commercial lot might be able to determi.ne that the North 50 feet could be used for commercial purposes. Mr. Cheroff instructed Mr. Ruff to put an asterisk on the Plat Book or Zoning Map with a notation that although this was not zoned C2, that this area of your commercial lot could be used for commercial purposes. If any prospective purchaser is concerned about the validity of this, that purchaser should ask for the file to review in which they will find Mr. Cheroff'soriginal notes to his findings on September 22, 1998. Yours truly, .-r; ~.D./ THO~ ~O~~;Y V TH/ls ,..."",",~ MIMES -PlANNING AN&1lEVEl..OPMENT BOARD MEETING BOVNTONBEACH. FLORIDA . JUNE 9. 1992 f"'. ~ The matlon carried 6~1, (Mr, Miller cast the dissenting vDte,) Since atllermeinbers of the audience wished to. express their opinions, Chai nnan Lehnel'tzadvised them to appear before the City Conmission on June 16, 1992. C. OTHER :!' 1. Request for Walter Dutch to allow a lot zoned for residential use and cOll1llercia.l use to be used for COII1Ilercial use as allowed by Appendix A, Section 3.g, Division of a lot of record, Mr. Cutro. !l1a(1e..th(! presenta.tion, This property. is located at the corner of NW 7th Street and Boynton Beach Boule~rd, . Mr, Dutch has reqUested. a boundary detenninatlonori htsPrlJpetty. Mr. Dutch OWns all of lot l2and tM south 50' of Lot ll,fh~south 125' of'his propl.!r:t';Y 1~ zoned C~? an4 thennrthern 50' is zoned R-IA, It. is Mr. Dutch.' s cOlltentiqn that. his entire property stlouldbe zoneq C-2, Mr.. Cutril stllt:lld that a portHlOpf .lot 1.1 tSA.oWzoned!C~2}'1hich alloWs the Ctt.y to \(110)'( APpel!~ix..A.Sect:1Q~, 3.;S,,g.Mr.; tutrroqUQtedt~oin that section. . The portion of . Mr.Oll;tqltJ,sprbpetty ~1'~ iiS... zQneq RcIA -W3ll Y1eld a single-family tot wt\'tch 1.s, apprl1~i~~lJl3;;5P'0 . sq~r&. 1'ee;,B) ~e,';el,Of)in9' that 50" of lht 11 as .r~sident1al, hiS, abi1 ity t(l' i:I~*~Jpi>' tot .1~a5 ~~rCjaJi s 'greatly reduced. , Mr, Dutcnhas 1l0abHtty tp add addit.ionallanlilto the pro- perty, Staff reconmended that the north 50'be allQW!!d to be uS:ed' il1 the C-2 lloning cat~oty, After diS;cussionswith tne ag~i1t;j;o.r th~ llPpli:c.ant" it was determined t/j~t a better sHe in an can beytelde'd if that figpre iSC:nan'ged to the northern >>. ' :!i ; -.u,,-, i I ~_I A !lIap was qisplayed for viElwing by the l)1em/;lers, It was determined that if the buHding is shifted bacl<. the proposed parking can be acconmodated .at the front of: tl1e lot. Tneimpacton Lot 2 across the :street is greatly reduced. Mr, C~trj) would also. a4d a reCOlllllendatfon that the building mu'st be residential in character to match up with 'thesingl e-fainily homes in the area. In response to a questi on posed ,by Mr. Mi 11 er, Mr. Cutro explai ned. that the map wtll' oothe changed, but, the own,er wi1lbe penni tted to use the prQperty as C-2, Th~t, wi 11 be recorded on the map with an as~eri ckand a explanation to. see a file. for an explanation. This is: not ,a zoning change, Mr, CutrD further explained tha,t in 1987, there was an appJ icatio" .before the ~oard for a land use plan"amendment and zoni(lg change for this property. Staff recOllJJ1endedagainst it. Mr.Cutro dtsagreed with that staff report. Staff reconrnends fOl"l'larding this applicatIon to. the CHy COlTJlJission with a reconrnendation for approval wtth the condit.ion that the rear 30' be used for drainage and landscaping and that the house 'be constructed in a reSidential character. Anna.,Cottrell, 2000 Palm Bea<:h lakllSBou1evard. West Palm Bea;<:h. represented the owO'er and prov,ideqa MstorYDf the lot in question, It was explained that the prop~rty \ilasorigillally platted, with twelve lots in the' early 1950s. Soon after tha;t. an amended legal descript~oncreated fifteen lots from the original twel ve.When Mr. Dutch purchased Lot 11.1, it appeared. to include the property - 18 - > , ~lNUTES- PU.NNIN(> Ml./DEVElOPMENT BOARD MEETING BOYRTON'SEACH. FL().RlDA JUNE 9. 1992 'P",'-'--" l ~. . in. question in the cOIlI1lercial zoning district. Since the owner paid cash for the prpPi!rty, 1)0 investigation was mad.e on the proper zoning mapl.!ntil 1987 when there Wasanofter' to purchase ;the prop.erty, At the time of closing, it was deteol"ll1.irled thai; 50' of Lot 11.1 is in the residential zonlOg district. That has rel1deredtwolotsunusable. She requested the combiRtng of the lots to be us'ed for COIl(JJ~iCialpurposes, That will eliminate the non~conforming lot ,1n the resfdenHal zarling district andaddto the develOpment potentiatof the cOlll1ler- cial lot. She thal'ikedSue Kruse and the City Clerk's Office for the aSsistance they provided. ~r.Mnler was ,of the opiMon th'at by.pel7ljlntlng this, the Bqard would be p{j$.hl11g.l!'%Ol\ti!s' b'QIH14a;Y~Mr.CUtroadnlil~ed~hat thE!PfPIli'sipnM1lWling this II!: ilJll)~uah li,~~,tl)'~.a;JternatJVe :Wtalil~rbe 't:bgo ;tnr1>lSgh .'~' lit,!1li ~1cep.lan:alllendment arif.l~s-$f~'llJ\I'endrlle:ntwhi'ch ~i l1tal(e~rolltr$.tely.,n ~ne" ilIllnths. ' Hr ~..CU tro f~i~ls'nis,ir:e~Jidatioo is an eas.iar!lll$t.bill:lofge~tlngtM~o6one. bill: intends !Q'-l!ld[{e, t:h.lsa:i:{justm~l'\t to the maP and. exRlaln tbe,cnang.el1ll1lil!\ 'tile ,CqJmi:)rehensive "litn lsdOrle. ' It'wa~,tpnfl'nnedforChairmanLeMer~~ tha;t if this is appr.ov1!d, a sfteplan wilJ~~'i~or:ethll Board wh~l) ti\e .j).r.OP!!Jj:ies a~:dev~'[Iiji)e9-.Mr. .cutro fUrther pOInted Q~ttbat all site plans aren-ow.'posted so thatcitizellSi\re aware of wftat' fS'ln'teildeo. Motion f"'-..<fO ...,.,.... Mr. Miller moved to approve the request to allow a lot zoned for reSidential use and CQn'merCiajuse to be used for conmercial use as allOwed by Appendix A. S'ec.t1o'n 3,.g.DfVi s10n of a lot of record, $u~ject to staff conments. Ms, Huckle seconded the IIIO-tionwhich carried unanimously. , , .I , ClH4ENTS BY MEMBERS Ms, Stevens asked Mr. Cutro to keep her infonned of the parking lot upgrading situatfon on the ROllyson property behind Waste Management, COI1IIlissfoner Agulla thanked the Board for their actions during the past two meetings. He has been informed by applicants, developers andcitzens that busi- n~ss is 'be;ng~OIlducted the way it should have been all along. Comni,ssioner AgUila is pleased with their performance, ADJOURNMENT There being no other business. the meeting properly adjourned at 10:31 p.m, ~.,~>n.~ Janet M, Pra ini to ~f Recording Secretary (Four Tapes} - 19 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JULY 21. 1992 A, That sufficient infonmation has not been provided to this Commission to adequately detenmine the eventual request as stated; B, That site, as submitted, is not consistent with the current development pat- terns in the area; and this Commissioner and feasibility of the C, That there currently exists an adequate zoning classification in place, Commissioner Hannening seconded the motion, A roll call vDte was polled by City Clerk Sue Kruse. The motion carried 4-0. MAYOR WEINER DECLARED A RECESS AT 8:21 p, M, THE MEETING RESUMED AT 8:35 p, M, Modular Model Home Sales Center Jim Zengage Walter Dutch Southeast corner of NW 7th Court and Boynton Beach Boulevard SITE PLAN: Request to construct a modular model home with sales office, associated parking area, and landscaping on a ,22 acre vacant site, On behalf of the Planning Director, Mike Rumpf presented this request of Jim Zengage, President of Rockwell Development Company, who is requesting to construct a building that is designed and constructed to represent a modular home product that his company sells to interested buyers, The modular home will contain a sales office located at the northeast corner of Boynton Beach Boulevard and N, W, 7th Court, immediately west of Wendy's Restaurant, 2. Project Name: Agent: Owner: Location: Description: Staff has reviewed the proposed site plan and determined that it complies in general with all City codes, However, it should be noted that in recognition of the uniqueness of this request, staff is recommending that the following requirements of the site plan be waived: 1, The inclusion of a six foot high buffer wall to buffer the adjacent residen- ces with this commercial use; and 2. Full compliance with the Community Design Guidelines, Since the use is tempDrary and has residential characteristics, staff dDes not feel that the buffer wall is necessary, Furthennore, staff does not recommend that all of the Design Guidelines be applied (i,e, building materials and features) as this would greatly alter the model which represents the homes that are being marketed by the applicant, On July 14, 1992. the Planning and Development Board forwarded this request to the City Commission with a recommendation for approval, based upon the following conditions: - 19 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JULY 21. 1992 1, That the use be approved for four years, at which time the site must be vacated or an extension be granted to the applicant; 2, That the recommendation from the Building Department regarding a 110% cash bond be amended to require only the removal of the structure and foundation when the use is vacated; 3, That the shrubs along the vehicle use area be allowed to grow to a minimum height of six feet; and 4, That the applicant work with staff to visually enhance the south side of the site (building and/or landscaping) in order to improve its appearance from Boynton Beach BDulevard, Commissioner Hannening was not in favor of deleting the wall, saying that this is a commercial use; it is commercially zoned; and the mDdel itself may not be commercial in one sense, but it has an office in it which is definitely commer- cial:. It'is going to be there for a long time~ The ordinances long called for walls to border a residential district from commercial, He did not think that any ,of our people. including the City Manager, has any authority whatsoever to wai~e this requirement, As long as this is a dry model and if the City has suf- ficiient funds to insure it will be torn down at the end of the cycle, he would be i!n favor of it, with the wall, Commissioner Walshak pointed out that waiving the wall was only a recommendation, Jim .Zengage of 2499 Glades Road, Suite 104, Boca Raton, was present. Commissioner Aguila wanted to know if the comments made at the Planning and Development Board were resolved, Discussion at that meeting included the impact that the south elevation would have on Boynton Beach Boulevard, the pOSSibility of i'nstalling a window and infonning potential buyers that it is not included, a fire hydrant versus a sprinkler system, and removal of the spotlight on the buil;ding that shines towards the north, Mr, Zengage advised that estimates are stilil coming in regarding a fire hydrant versus a sprinkler system, C~issioner Aguila wanted one or the other, Mr, Zengage had no problem with removing the spotlight, Commissioner Aguila inquired Why the irrigation was being provided by City water, John Guidry, Director of Utilities, advised that the pOlicy of the City is ~hat irrigation by City water not be allowed on multiple housing, Commissioner Aguila asked Mr, Zengage to consider putting in a well for irriga- tion, Commissioner Aguila stated that if a 5' walkway is required on Boynton Beach Boulevard, he wants the walkway to be 5', not 4', Commissioner Aguila was concerned with how Mr, Zengage intends to draw people's attention to this corner once the model is placed on the lot, He did not want to see a lot of lights. flags and banners, Mr, Zengage intends to use two Code allowable signs and a flag for on site marketing purposes, Everything else will be done through advertisement, - 20 - MINUTES - REGUlAR CITY COMMISSION MEETING BOYNtON BEACH. FLORIDA JULY 21. 1992 Commissioner Aguila agreed with Mr, Zengage that cash bonds to remove landscaping seem silly. However, he would like Mr. Zengage to provide some proviso that if the person whom he is leasing the land from wishes to have the driveway removed, that Mr. Zengage would so do, Mr, Zengage advised that he already has that agreement with the property owner, Mr, Zengage had no problem with the bond issue, He said the bonding company requested that the City provide a form and format so they can turn it into what the City needs. Attorney Goren advised that this was not a problem. Mr, Zengage offered to plant something large and flowering on the south side of the building. He will post a sign indicating that the window is not included, He will remove the spotlight, consider installing a well, and make the sidewalk 5' if that is what the Code requires. However, he would like to erect a sha- dowbOx fence in place of the masonry wall. Commissioner Aguila was not opposed to this; however, this was not agreeable with Commissioner Harmening. He was not :in favor of waiving Code requirements, Commissioner Walshak would rather see Isome sort of vegetative"fence, landscaping trees, or shrubs, He said the are~ needs landscaping, not solid block walls. Aesthetically, a solid concrete blodk wall would look terrible and not add anything to the community, He felt it ~ould be better to plant as much landscaping between the commercial and resi- den~ial as possible. A solid masonry wall seemed heavy to Commissioner Aguila and ,he felt it would take up a lot more space, Maydr Weiner questioned whether a $70,000 home could be construed as affordable housing, She understands that the City needs affordable housing, but she was not in favor of a model home on Boynton Beach Boulevard, Motion Commissioner Aguila moved tD approve this request with the following conditions: 1, That the cash bond be provided to cover removal of the building as well as the structural elements; 2. That approval be for a maximum of four years at which time the applicant has the right to come back and request an extension from the Commission; 3, That no banners. flags. lights or other items to attract attention to the building, other than code allowable signage, be allowed on this property; 4. That the sDuth elevation be enhanced with further landscaping and the possi- bility of at least one window; and 5, That he provide a 6' high wooden fence with lush landscaping along the north property line, Commissioner Walshak seconded the motion, Commissioner Harmening did not believe this Commission is privileged to waive the, ordinances, He said the desire to change the ordinance is one thing, but to ignore it is another thing, - 21 - MINUTES ,., PLANt<<NG A~ DEVELOPMENT BQAAD MEETING BOVNTONaEACH. FLORIDA JULY 14, 1992 ;=~f~ B, SITE PLAN NEW SITe !I:M 1, Project Name: Agent: Owner: Location: MOdular ModtlHOllIe Sales Center Jim Zengage walter Dutch Southeast corner of NW 7th Court and Boynton Beach Boulevard .......1." Request to C\(lnstructa,m~ular, mod,e I. home w1 thsa les offt~e, 'asso.ctatedparking area. 'and landscaping on a ,22 acre vacant slte, Milee Haag mad~ the presentat;ion.. JMl! i~ a co,rfler lot, The Land, Use Plan Designation is COIIII1erciallll)caJ :Re:l;aHand'the pre.sen.t zoning designation .is C~2" The type of use. is a~'le~.oti]Ce:'f~l"a,ll1I!duJa,r:home. Tile P1l11dil\9will bedestgned and constructed:to.,'t'epj:eSeil;e~hli!illndeJ );jome. Thaslte is 'approxima- te ly 9,500 square feet and t';h$;~!l1l~1tiQ: ,1~ ;:ap~rn1timati!l,Y 1.503' square feet, Photos were presented for vt'ewllil9byBoard members, DescrlPtlon: Mr. Haag eJi:platned that ther,eJ~ar~!\.iJI,e.nHal~~strlct to the north, Wendy's Restaurant to the east. BOYll;tQr.qaea'llh ~pMJeva:r-d;'t(l the south and acros'~ 7th Court to,~hewe~t tsa vilcant Jot. ,MI'1~111~ag,us~t:Ithe overheadprojectlon to SnOW a, S.U,!!. p 1. an l.',andsSClpe. p.,l'~,It.::a,.,f,,' the ipr,'.~j. El, d,t"" T,he. entrance into thts .project ""'r- Will be pff NW 7th: Court' lnw:'itSl@lli.l!~Hnga.l~ea eontaining four parhng spa- ces, The east J'lalfofthe S;tr~~ture.Wl1i1"bEl ;I;hl: lllOdel house and the o.ffice will b~builtWl:lerE!' a ga~a~ewoul:d:'!!ix\:$t. T~Ja.I1l:1s~ap;ingproposed is to Code sub- ject to: ~r,Haag' s cOrmieill:s.~ou~dal;lil)j,: lani!scaplng has peen provided around the struc.ttire. . .. This site is located\tlith1nthec~ni:tY Des:i9~ Di$trict designated as Medi- ter;ra~e~r. ,Tile; Plannll!9: and: 10,nin9 Depar~errtfeeJsif this theme is imposed, th~ h.~~ul~ rot look Hk~ tpe. home theapP:Hca~t is attempting to sell tD prQ;Spect;'l"eb~yers:. Tne: De~r1:lIIent, asked far' rehef from meeting all Of the rl!Q'i1i,reIni!!ltS o.f: the Desi$n Plan. Howev~.f;~eapp.1ic.ant is using, the colors sug,gestetl ,'In' the Plan"Mr.~a9 reminded the. members of some of the require- mel'lts,ofi'the.M=~iterrane~n desi~n:plana'nd ~lafned that this prOJect will have aSPhalt. Sh1:ngl.es rather than a <;einent tHe r'Oof" The project will be vinyl- sided'ta~her: than a bric~or sweeo nn'iSh, further. the tree does not' meet the c~ungy Desi9~ Plan and therew.1llbe' nO iron gates. decorative lamps, accent tHe, bell tOwers or arches, Staff f~~h tha~ CO/1Jllent~ c~n be addressed at the time drawin!lsare submitted for permn, The Plall'ntng and Zoning Department recomnend.S the Board find the plan.s ac~eptable and forward them to the City Comn1ssion w1th a retOlJl1lendat'lon t~at tt #eSubject tottle administrative decision by the Director to waive the requirem~~~s'af the but.fer wall and the Board' accept the degree to which the bUildlng'!lhd site are shown 1'n complian{;e w1t1l toe Comnunity Design Plan for tbts ~pe'M-n!:useand co~cept and subject to tl'\e appl ieant submitting wor/c:lng ~~..' draWilJ,g$ibft~e; project for !pen1lit review that depict the project in compliance with the 'Cit,y Code of Ordinances and the attached staff cOlJl1lents. - , - 4 - ~INUTES - PI.ANNINGANJ}~llEVELOPMEHT BOARD MEETING 8OYNfON B~. FLORIDA JULY 14. 1992 ~.::w, , i. i ! I 1...-." Mr. Haag explained that there is a requirement in the Code for a 6' masonry wall when a commercial site is adjacent to a residential site, The Department feels this requirement shOuld be waived since this is a temporary use, The model home is a dry Rlode1. t4s, Huckle wondered why there was no recommendation for the replacement of the masonry wall with a hedge. Mr. Haag stated there is no requirement for any kind of bufferillg except for the requi red 1 andscapi ng around the parki ng lot, She further questioned the height of the vegetation. Mr. Haag said the minimum at planting is 18", Chai noon Lehnertz feels it is more important to question how hi91l. they will allow the vegetation to grow, He pointed out that Coco Plum will easilygrdw 6' to 8'. Ms. Stevens explained that the City Commission passed the C~unity Design Plan for this ~rtictilar area. Mr. Haag said this corridor along Boynton Beach BouJevardgpj:ng west i si n the Medl terraneah/Span Ish theme, but much of tile de\lelo~t in that area was done prior to the inception of the Conmunity Design Plan, HoweVer, the new buildingS are required to follow this Plan, Ms. .stevens further statedl;hat thls use does not appear temporary when they are plannlnQ to be at the 'location for at least three to four years. It is a com- mercia1sjteand willlj.lways remain'a commercial site, and .she feels the resi- dents sbould'be protected with a buffering \-Ja11. She further stated that the cost of the waH can ~' recouped at the time of sale. Ms. Stevens stated she cannot $upport this petition. Jolr, Mil 1er' aSked for .clarification of Mr. Newbold's memorandum requesti ng a cash bond to return ~he property to its original state. Mr, Haag reported that the TRC felt the City should have protection in case the applicant left the dry ,"ode 1 on the site. The bond would be used to clean the lot, This is part of ;staff's recommendation. Mr, Miller further agreed w.ith Ms. Stevens' remarks regarding the necessity for a buffering wall to protect. the residents from the coirrnerciaI use. ~'1' :1' l.... ," ~. Zenga.ge.Roekwt.ll DeveloDing C~llY. 2499 Gla.des R~d. Suite 104. Boca. :R..ton.,FL33431. said he has been attempting to bring affordable housing into 'the conmlinity, He chose. this Sitl! because Df its high visibility, Mr,Zengage :sa.id it is impossible to build a modular home and keep 1t affordable if he follows the requirements of the Conmunlty Design Plan, The best he can offer is .compliance with the color scheme. The landscaping requirements have been complied with except for the one northern 1i ne, He does not have a problem :comp1ying. in that area. The construction of a 6' high masonry wall is cost pro- hibitive and feels the landscape buffer would be sufficient, With. regard to the cash bond. he agrees to post a cash bond for the removal of the building, but does not see the necessity Df destrDyi ng the parkIng lot and the underground utilities to return the site to a barren lot, Mr, Zengage suggested the construction of a window box fence versus a masonry wan. if the landscape buffer is not sufficient, In response tD Mr. Collins' question, Mr. Zengage stated that similar units in ,"""", Flagler County have recently been completed. It is hoped that models can be : offered in Boynton Beach at prices ranging from $40,000 to $70,000. Mr, Zengage !has spoken with the Housing partnershfP in Palm Beach County and they are interested in seeing this project come about, They have talked about doing infill 'projects north of Seacrest Boulevard, Mr, CDllins does not see $60,000 - 5 - M1tWrES -Pl.ANtUNG~.--oEVELO~8OARD MEETING ,BOYNTON B9.CH. F1.OR.IDA . JUlY 14. 1992 !' -y ;.......... to $70,000 as affordable, Mr, Zengage stated that a small house is front end loaded with plumbing, electric, kitchens, bathrooms and air cDndiUon,ing, etc, Ms. Huck.le wondered, if th,es~ hpmesare pre~abricated, Mr. Zengage responded ttlattlleyarenotPfefapricated., The moqule is constructed off site. Thereare threeDCA.,;approved plants in Florida. The modules are built in large factories llnderideal coIlCht1.6ns. Tile work.ers work shiftS and prodllce a home within seven to ten'days. The mOdules are trucked'to the site. lifted by crane onto a stem wall lind the front ana back portions are "married" together from under the foun~ dation. A faml1y can be put into a home within fourteen days from deI1very. Mr. Zenga~~conflrl11ed to<':hlii~n Lehnertz that these homes will be put on lots owned by fheprospective buyers, Ms, Stevens Ciuelitioned.what decision had be,enmade regarding the installation of a'sprii1klersy~t:~ >>f' f'it~Il~~rant. ' Mr.Zengagesaid nll.Qecision has yet been m?ide. Cos,ts 'a:fe -b~ing t(l!iest~,gatedat thi s, point., but onewHI be chosen, Thi s is a requi remant 'of the Fire Department. R~spol1(iing to Mr. rUller'squeStipn',Mr. Zengagel'eported that removal is as e~syas in$~llat'loqaii!it~e:trOirie:c~!lbe llsed agairt, Mr. Zengage said that ~caU$e of th~;dry ;(;.Qll$i:l'llct'j;o'n':ot,~lle model, it~as not built toward conmercial cgde~Whian'th1s maqelii)econjen)bSotete, his chOi(;es would be to remove the Rifjde)6r iJp9radeit(to:\(:o~e" It wo~l(l be easier t() move the model to a. residen- tial lot, Mr,'Zeng~ge'isleasin'g t~ land, ~irmanLeHneft~ ~~~e4 'N~~ 2~~~~~e if hewollld have. a prOblem (;onfonming with a cOl)dit1on t~1!~Ii,e;tt!tp:p;llllllb~'9~?wi1 andmain,tained at a height greater than Isn. IiIr. Zengage lTas: ~o:ptobl!l/ll.Wlthsllcha condition. Mr. Collins ,has 110 pro~leni with this use and feels it might benefit some of the people 1n the commuaitN, Ms. Stevens dOes not ,feel this project 1s temporary since no time limit has been set. The only :reas.Gti Jor waiving the building :requirements is because this Is a temporary use.,but$tie.d'1IWnot feel tl:1.15 can be called temporary, All new construction 'in, thiS .areahas been required to foll'1W the OOllTl1llnity Design Plan and she dOeS nOt feel this project ShDuldbe exempt. She further feels the wall must be pro:vtdedto 'pn/tect the residential areas. Ms, Stevens does n'1t feel Boynton Beach Bouley,ar4 h an appropriate location for this type of faclIity and She will not support ttlispr6ject, Mr. Zengage explainj!d '1;0 Ms. Hllckle that no others1te was considered because he was searchill9for a!ilgh profile location. He feels this mDdel will blend in with the 'community,. Iriresponse to Ms. Huckle'sqllestion, Mr. Zengage stated that his lease is. fpr two ,Years, renewable in two-year options, He has no obj ect ion to.sett 1 n9 a' specHi c time limi t for the use and then retu rn i ng tD disCllSS the situation. Mr, Sussmanques:tionedwhether or not Mr. Zengageis still willing t'1 post the cash bond, Mr. Zengage is willing to post the cash bond, but '1nly f'1r the r-;r.~" .. ..-~ r.:-.p"t I - 6 - .MINUtES - PLAIlNINGANb"DEVELOPMENT 80ARD MEElING QOYltlOH BEActi. FLORIDA JULY 14. 1992 .~"'--"" i i '-~... " , r " removal of the hQuse. . He, does not feel it is proper to return the lot to its. odginal condition 'WhICh he caned scrub, He feelseveryolle would benefit frD/n ttl!llandscaptngand the. next u~er Illightbav,e use for the parking lot. He would like further discussions with staff on this matter. He is willing to remove the home-and foundiltion from the property. but would like to leave the underground utilities, landscaping and parking lot, " j .:. , .~ <' Gl}aiJ1ll!l:l1 L~Mjlf:~:l feels. thi,s ls,drg9yg,proj~ct ,!:le.cause. th!l.Cityhasg.r~s which ~, a,relni':Oee<1.of lnftll, Th1sPro:l!lct.1i(9f,lJ!dallevia:\:etpatprobfem" 'WbHe.he ~; 'unqe'r~!l!l,$t1ie;t9~rnS~!).out,th~;'~l'IIiitYQeslgllm;1iandtne lack 01' the ;, bl.lffi:!:l"wan,<we'$'E!i!s,\(eri(l:y,~S',a{idT~l;oclps.e to tMs 5 i.taand ,thai r des i gn is Ii Iltlt:.a1i;aHC'l~s,e; t.o.theCOfjmUnltNOe$iin Plin. Ct@.injlan,lehriertzhopes th.is ilproJect,willbe successfu,l. ' " . ' ,; t1 ~sf~~k1eif:eel~,:~h,eel~~1:11J1l fapilJgB(jynt.OO Be;ach Bo~lev,ard is aesthetically I~ '..'~~~. :,p.ea..,.,3,1"..!t....'.'. .,~.:..'..'<~.~.~.. e.~ If......,t11a.....t... ,C'AA. ."..I.,~.:...t:le. .'.......~.d.. e .mo.r.~.,a. ttl"~,~t...1. v....e... '.' Mr, len.. gage t! ~~f.~~~M~r;e$~~;;\~~. !m.ll:~ei ~O;~lplh~'\ ~I'!~,dorme.r,an(l re~lape: the tre~ on 'lB~tIlD8!'!!.tc.b;$~'1.t;lEl\"ar'd With~: lar~.flowerlng shade tree next to the bu1lding. 'r ~, '~,f.','''. ,'HP:.,. :~,{..em...".,.'Ilii..:t.A. t..)'l..~a.oa.}.d t~a. t. 1!f.. .thll.Y arll.,. going t9go. ,.a. 1.,.O.,IIlJ. witll the PIC!nning lj.Dgp~n'tl~;~;,r~~(Id~i:l<m t~' '!la;1:lfe the buffer wall, CO/iment ill from his staff i! c~t:s 'wlnd~aveto ,lie'remOved. . ~' Mr.J.ltUer;i,~~~tt:\the use .is +~e~ in. the City; however. he has. a prob~ em with t~e. '~.' ~~.e.:b. ~\:J.l:il..,9.i i~..p,f<l,.e. ent. t~!the) res.l~... r.t 1 al CQIlTOun 1ty. ..8U.ff. eri. ng1 s requl red, "t' F~r~r. ,*,e~l~pgth of hme t~!l ~S:~ wlll beat the location and Its non~ ~l!I<!incE!:;it~!th{.~eConmuri:ity!llesig" Plan are also problems. Mr, Miller asked 1 f Mr. lert9ag'e' lis: . , ~ ;, 1.wflHng:fili go alDng with a time frame such as two years; 2, .willing,'i:o relocate the tree near the building on Boynton :Beach,'Bilulevard; and 3. :wil Hng! to post a 110'; cash bond for removal of the building and foundation, Mr. Zengage haSj:nD .problem with the tree. The 110% cash bond for the removal of the bUiW1nga~ thefounctation is no problem, Regarding the two-year time frame, Mr. Zengll.ge wou.ld rather not agree to two years since that Is not very much time., He WOUld sugge,st five years, After d1sCUSS1D". Mr. Zengage agreed to a time limit of four (4) years and then he will return to review the situation, ': ~ :i ,,","''', , :i .h,. - 7 - , MINIJTE$ - PLANNING #t. _ DEVelOPMENT BOARD MEETING BOYNTON 8E'AtH. FLORIDA JULY 14. 1992 1-'<; Motf GO Mr. Collins mDved that the Board approve the request to construct the modular model~ome with sales office. associated parking area, and landscaping on.a .22 acre .vacant site subject to all staff cooments w1th the exception of Michael Hi!ag'sCDimle.nt #2requirlng a solid masonry buffer wal1 and clarifying Mr, Jaeger's cooment that the posting of a 110% cash bond would be for the removal of the buqding and the fQundation; that we recorrmend this to be a. four-year 'l;emPQraryapproval at. wh1cnpo1nt the applicant can come baclc to the City for ren-ewal; that the hedge on theno.rth parking lot line will be grown and main- t<i;fned at. 6' heights; tltat. there will be addi tiana) . landscaping o.r elevat1Qn eilbincemehtson . the south shie . to increase. the aestheU-es for' Bqynton Beath ,BolileVilrcfi thes~ Willbehandl~ thrQugh staff reCDlllll&ndattons fn workirlQwith tlieappllcant; th~tthe Board acc~Pts thel1egree toWhtChtbebufJd'lng a.ind site are. sbown' 1rr cC)(ll1iltance wi.thtMC:Onm\lnltyDestgrt Pl'altfor this$edficuu and concepl;arid subject t() the'aPPlf~ant subtn1tttnQVIOr'ktng .dtawl;ogs for thlUl.rioject for ;P~rm1t rev.iewtha,t. depi ct tbe;projeC~,inCOmp,Tial1ce~ttl.theCi~y Coi!es of O~i.na,t)ces..Ms.~ ,Huckle stlcoilded. ~e motion Whi,clicar-rieo,$.-'Z. (Sbtrley Stevens and'Bradl ey' Mt lIeI' cast the dtssE!h':ting votes.) ~':l>-. .~. ~MEM8ERS Ms..)'luckle a,lld M.r~ Sussman announced that they will not be in attendance at the meetingf nAlIQtiSt:, ~0URNMEtrr ; l . There'beillg no further business, the meeting properly adjourned at 8:40 p.m. ~>1t.P~ Cla.n~t i. Praintto Recording Secretary (two Tapes) ;!"':O":"" ; i ; ~ - 8 - /~ /1-. ~G,6-~ L- .. '! ~. r( . ___.~_ I \ .- ij A- .Lu_ APPENDIX A-ZONING See. 3 -i> Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be . made in district boundaries or other matter portrayed on the official zoning map by action of the city council of Boynton Beach. Within thirty (30) days after oassal(e and the receipt of a -properly attested copy of a change or an amendment by ordinance, the city planner or building official shall make the Pro er change on c 0 lCla zoning map an s a eep on 1 e copy 0 e c ange an ma e same aval a e -relerence tor the general p\.T011C. 5. lfules for interpretation of district boundories. a. Extent of district boundaries: The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided. b. Boundary locations: District boundaries follow lot lines, centerlines of right.of4vays of streets, alleys, railroads, canals, iakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In unsubdivided property, unless dimen- sioned, lines shall be determined by the use of the scale on the map. c. Boundaries following waterway shorelines. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. . Submerged lands shall assume the regulations of the district adjacent as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts. d. Boundaries concerning abandonment. If the boundaries are not changed, the zoning of the ( (' ''-- 1895 . I .~~ n ..' I ~~'I .J,<$. . . pIli .~ , I. I . "-'\' l5Q'6:I"W. ,'" .... ~ P,: &1 , .' . J .... . .:t' ' I ..tpf ....)ltl."'~,.WI--...'. .t~!>-II~""II:lIIll.':~;: 'I:~" "'.~~. ' \.y.r. ~ .... \.~,. " v1..~-.::Y; "or.~ ',,: .. . I'" .~ . ..., .... " : }\.~;:.. " ..:.... I' . . !:J.:; '.".: I. 1<\ a' MjilW.hA~ . lOiioii ~..:.; io;;" . ~:.li \..': ~\ :; :Ii :"} "''':':::'T;~'I I ,IJ u "" .' ..\ I ?}. ~\...,. ,~(.d. ........ .. 1<..... .,,...'1 . ~..'J'. '"'. . . .'" . ~.J '.' '. '..'. '. '1, "w.rr,;.t'~'l~i.':;,""'"'' .... .... '. .,Y~ ; ....,: I. .\ ~." ...., "'1'_'. ':"........... ,'. , . . . ~"'..f' ..:" _ _~~ ..,. ...... v . '" ,<to,. ..~~{'I. II . ..-_.~_~w~a:1,~:'::':,'rc.. --,. _, _' 4' _._......,. -".;.,u,.....:...............""".....:.........I=;I.. ~ - .="-:-==--:-= "-$QV~ UlIt sfl:l1;1 ~~ .. . ..,;~ . .< . ',:c. . . .. .' .... 0.,' ..........\ . . ::. '. ~., " . .. \. J:.:;.~., :~;~~;".' . , . , . .. ..... 'r,..I...:.,~. ',. ,","~!,_11iNc'rC .:. """ I<ID CUntll ",ff >' " j 1\" .' ;;..v.TC;~....~~',..~.30 - Ih~.DT 1l.1".ll\ONl \.S..LS' i ~. " I i ,I o.~o' CtlllCP.t1t CUAl ,'/ .J s<T "" v "ti"'JID1 --t-- -- . ..... .:' t.o~ .' " , " , ." %.0' c,olICA!"l'E :~,J' ~ AAO l,;U'fUl' .,t;r ~;of' 'I.i\~ ~,' ,~t" i t . . I \(;-;~l.::::.' :.... ~ I. ;~~>I ,~ : h~ .'. !:,l';) ":f ~,O" il~:ll}t .~. ,', .:;. I . ,.,1,,; .;!I'C" 'tIdi ..." "'" P;:~ :.1.:....., "J 6:,,\..1:- \~. '. '. (,:~ . "loa,: .~ :':'.1: (/) ;:::~I w "::"':/ ~(~~ :~:c' \. ..,I .. .\ ;':.: "" .. . "'" " .I.!r; ',"'10 ~\f .il""'" \:.10' .~. ,',' " ::'" . ~ .,.' i~ ~, ~~I\ Ml .\~ . _ts , . I , I ~ I I ," ~ ,. ~, tl-- -----.:-il.."'-.""rci"LO-T-\~-------- ~~~ U'- . I ~ . ,,\ w "J 01'.... J)-= ,i i tf1 VACANT ~ 11'11 "i ~ "I i I I \ ~ ~~ ~ \ ~ ! } \ t I I 'If lJllUT1' W<1JEHT tf ~ ~ ,J " ~ ft ........ ~ ",' i J ,.J "t '"X.' I " I ",' t' ",i ~I I , ..... ~@l~' ii' ",I PIP" . .fJl'WJ.f ....~ .... ,. ....... .... --...~~- 2/ C> . co -c '<:t .!::CI::"'" <.>-c"'" .....c-' ::I",u.. 0- L,.:5 .co.. ,S:1(J _0'" '" CIJ '" :S:oD:l '<:tE C'O./- '" a... W.l!'Ol , fr lartou 1UV.t.:n0Hl \0\.'" .' '. ....... ......... I.) y ~ ~~~~ SF't'.11; f1 't - l1JaJffiL'5 ~ fk~ -ti ~t~M1d . ,.~ / APPENDIX A ZONING" See. 1. Deflnlliona olterma. n j- See. 2. Scope and authorlt)' of the zonlnr remlaliona. See. 3- Berulatlona and map. I ' N; , . Sec. 4. General provulona. ' I O' ,. ! I , Sec. 6. Bealdenlial dlltrlet rerulallona and ule provlslona. Z' i H! See. 6. Commercial dlatrlct regulation. and use provit:lona. .1 z: See. '1. Planned Induatrlal development dlltrlcL G"lt f I Sec. 8. j\{.llndlUltrlal dlltrlet rerulaliona and ule provlalonl. . , See. 9. Admlnlatralion and entoreemenL .;' , Sec. 10, Board of adjuatment. , See. 11. Supplemental rerulationl. Sec. 11.1. NODcontormlnl' u.o. and structures. See. 11.2. Condl\lonal usea. See. 12. InterprotaUon and purpose. See. 13. E>:lItlnr bulkhead line ratified and contlrmed. Sec. 14. Bulkhead line; permit required for land rillinr. '/ See. 16. Contllct of InterelL Sec. 16. Enlorcement 01 violation and penal tiel. "- Sec. 1'1. SeparablUt)', Sec. 18~ ' Repealing provisions. Sec. 19. Etteclive date. Section 1. Definitions of terms, .....: GENERAL DEFINITIONS. All. words used in the present tense shall include the future tense; All words in the singular number shall include the plural number: and all words In the ..pluraI nam.ber shall include the singular number unles~ ~1ie l!!lllJral'construction indicates otherwise: the words "used for" shall include the meaning "designed for:" the word structure shall include the word "building:" "Edltor'l note-Ordinance No. 75.19, adopted June 3, 1975, revieed Ch. 31 oC this Code, which contained the pravlolll zonln, ordinance ol tha elt)'. Ordinance No. 75-19 became eClecllve June 13. 1975. .. provided In _lion 19 hereoC. Since laid ordinance did not Collow the lormslllled In this Code, and bocallle zonin, ordlnancel ara lubjact to lpecial rule re,udlnJ amendments. It has heen lOt out.. anacted and amended In this ap~ndIx. Amendments hava boen worked Into their pro~r places and amended or repealed provlalons deleted. Amendator)' ordinances ua cited In puanthe. lei ( ) lollo~ tho IOclIon amend~. The abeence of auch . dlallon Indl. Supp. No.1 , , t~ 1881 , ,- \:2) ~ See. 3 BOYNTON BEACH CODE a new official zoning map which aupersedes the prior official zoning map. Editor', note-The current zoning map wsa adoptad by Ord. No. 85-20, en- acted March 19, 1985. Said ordlnanU provided that It would repeal and auperaede ths prior zoning mapa adopted by Ord. No. '15.19 and Ord. No. 80.19. Said current map Is attached to Ord. No. 85-20 sa Exhibit A- 3. Establishment of zoning districts: 1. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-~ Single-familY residential dis- trict R-1-AAB Single-family residential dis- trict Single-familY residential dis- trict SingIe.family residential dis- trict Single-family residential dis- trict . Single- and two-family residen- tial district Multiple-family residential dis- trict Office and professional district Neighborhood cOIIlDlercial dis- trict Community commercial district General commercial district Central busines9 district Industrial office park district [Sic Now PID Planned Industri- al development district] M-1' Industrial district CO City owned property Changes in district boundaries. In accordance with the provisions of these official zoning regulation9, applicable provisions of the charter. of the City of 1894 .. R-1-AA R-1-A R-1 R-2 R-3 C-1 C-2 C-3 C-4 CBD O-P }>4. '" 8upp. No. 21 ( t ~ ? ..6) , APpENDIX A_ZONING Sec. 3 ( ( Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be made in district boundaries or pther matter portrayed on the official zoningmap by action of the city council of Boynton Beach. Within thirty (30) days after passage and the receipt of a properly attested copy of a change or an amendment by ordinance, the city planner or building official shall make the proper change on the official zoning map and shall keep on file the copy of the change and make same available ror reference for the general public. 6. Rules for interpretation of district boundaries. a. Extent of district boundaries: The zoning witliin any district extends throughout the entire area of the district unless otherwise specifically provided. b. Boundary locations: District boundaries follow lot lines, centerlines of right-of-ways of streets, alleys, railroads. canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. . In unsubdivided property. unless dimen- sioned. lines shall be determined by the use of the scale on the map. c. Boundaries following waterway shorelines. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot or parcel. and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulations. of the district adjacent as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts. d. Boundaries concerning abandonment. If the boundaries are not changed. the zoning of the , (- .1895 .I -:::.. ;A, ?X'; \\ 5f L. ~ S6' Sec. 3 BOYNTON BEACH CODE property abutting shall extend into and to the centerline or to such ownership line as can be determined of the property abandoned. e. Boundaries and zoning. Boundaries and zoning of all lands annexed into the city shall be determined at the time of annexation. f. Boundary variations: Where there are varia- tions or where the actual location on the ground differs from the mapped location. the interpretation shall be to avoid changing the status of any lo~ or parcel. or the interpreta- tion shall be made by the city planner and/or the planning and zoning board and city council as to the intent and purpose of these official zoning regulations. . ~ g. ~~vision of a lot of :.eqo:.~;. ~f a division of a 10 . use of land the extension 0 . h may be permitted as an exce tion be district line to a determine remain in ortion of a lot u on a roval b the lannin and zonin board and council. 6. Application of district regulations. The regulations set by the zoning regulations within each district shall be minimum or maximum limitations. as , appropriate to the case, and shall apply uniformly to each class or kind of structure. use. or land or water except as hereinafter provided: a. Use. No building or structure or land shall hereafter be used or occupied. and no building or structure or part thereof shall be erected, constructed. reconstructed, moved' or altered except in conformity with the regulations herein specified for the district in which it is located. b. Height and density. No building shall hereaf- ter be erected. constructed, reconstructed or altered to exceed the requirements of the defined zoneZ\ ~ ( ( l v ~ .\ \ I, \ . 7) Walter Dutch 240 SOUTHLAND PALM BEACH. FLORIDA 33480 January 14, 1991 .' Chris Cutro, City Planner City of Boynton Beach 100 .E. B~ynton Beach Blvd. Boynton'Beqch, Fl. 33435 Re: Deierl Park, a subdivision of the City of Boynton Beach Subject ~ Split Zoning: Lot 12 and S 50 feet of Lot 11 - a contiguous parcel in one ownership. Lot 12 is zoned C2 . ., S 50' Lot 11 is zoned RIA Lot 12 is approximately 9900 sq. ft. S 50' Lot 11 is approximately 3750 sq. ft. r Raymond Dumond platted Deierl Park into 12 lots. He then started building and selling lots. He sold the East six (6) lots, 1 thru 6. The West six (6) lots, 6 thru 12, he re-subdivided and sold by legal description - parts of one lot and parts of another thus reducing the lot sizes. Result was 8 smaller lots. It is my belief that the zoning cartographer failed to recognize the re-subdivision - relying on the recorded plat, which is incorrect. Thus the South 50' of Lot 11 was split by zoning from the parent- tract" Lot 12. I would appreciate if this apparent error would be corrected admini- strativly and the S. 50' of lot 11 be zoned C 2. Lot 12 and S 50' Lot 11 zoned C 2 is a much more viable lot for development. .' Presently S 50' Lot 11 does not meet RIA zoning requirements and is unusable. Respectfully submitted, ;J~~~.C Walter Dutch - . .J "," I 1 Enc. Marked Plat ~ i .; Gl.ASS ROCK FARMS ~ ~~-r 11- * S ~~ ~~,>\ ?F\G(, S )3;;.J ~ rill ~j' ffi-~'v"~ S MINUTES OF THE REGUWP ~iTY CCM4ISSION M~E~isSION CHA:NBERS ,'....... CITY HAll, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 16, 1992, 'AT 7:00 P. M. .-J' - \ --7-ru f\I G 9. CoM M J, Scott Mill er, CI ty Manager C L James Cherof. City Attorney Sue Kruse, City Clerk PRESENT Arline Weiner, Mayor Lynne Matson, Vice Mayor Jose Aguila, Commissioner .' Edward Harmening, Commlsslone~ Robert Walshak, Commissioner I. OPENINGS A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Weiner called the meeting to order at 7:00 P. M. and after a moment of "sf1ent prayer, led the Pledge of Allegiance to the Flag, D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Matson added I.E.4, Update and Donation from the Royal Poinciana Festival, and VIII,B.1, Report on her appearance before the County Commission regarding the Community Development Block Grant. Commissioner Aguila added VIII.C,3 to request a volunteer to attend the Metropolitan Planning Organization meeting In his place. Mr, Miller deleted XI,O,1. regarding Rulz vs. Officer Mary Hooper, et aI, The City made a settlement offer and has not received a response yet. Therefore, Mr, Miller had nothing to report." He added X.H. regarding the beautification project on Martin Luther King Boulevard rejection. Mayor Weiner added .1,0,3, Presentation of Certificate of Appreciation, and r,E,5., Proclamation, ro I ~ 9~ 2. Adoptlol\ Vice Mayor Matson moved to adopt the agenda as amended. Commissioner Aguila seconded the motion which carried 5-0, 3. Presentation Mayor Weiner presented Bob Matson with a Certificate of Appreciation for volunteer support provided to the City's 1992 Royal Poinciana Festival held on Saturday, June 6, 1992. - 1 -