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Planning board amends 5101 Congress Ave master plan to remove bank-only restriction on Tract D, waives $1,500 beautification payment
Summary
The Planning and Zoning Board voted 5-0 on March 20 to amend the conditional employee service node master plan for 5101 Congress Avenue to remove a Tract D restriction limiting the lot to bank use and to strike a proposed $1,500 voluntary beautification payment after discussion and evidence a prior payment had been made.
The City of Boca Raton Planning and Zoning Board on March 20 approved an amendment to the conditional employee service node master plan for the property at 5101 Congress Avenue that removes a prior label limiting Tract D (about 1.2 acres of an 8.15-acre site) to bank use and allows any use permitted by the master plan's list of employee‑service‑node uses.
Owen Devlin, senior planner, presented staff analysis and told the board the amendment does not increase intensity or density, does not propose physical changes to Tract D, and that staff determined parking requirements would continue to be met for allowed uses. Devlin also said the application complies with applicable code standards and recommended approval. The staff package included a correction to a prior draft condition: originally a beautification contribution in the package read as $37,500; staff noted evidence of a prior $37,500 payment from 1997 and revised the condition to $1,500, consistent with the standard fee for a master-plan amendment.
Applicant counsel Kelly Zacharitis (spelled in the record) objected to the $1,500 assessment on principle, saying her client previously paid a $37,500 beautification contribution at the time of the original approval and that it was inequitable to require an additional payment for a minor plan amendment. City staff and the city attorney explained the language in the condition and the difference between a voluntary proffer and a mandatory condition; board members discussed whether the $1,500 should remain.
After discussion, a board member moved to remove the $1,500 condition from the resolution; the motion was seconded and the amended resolution passed on a 5‑0 roll call. The board vote therefore approved the master-plan amendment and removed the proposed $1,500 payment from the adopted resolution.
The action allows the property owner to market Tract D to a broader range of permitted employee‑service uses under section 20‑89‑83 of the city's code, subject to all other code requirements and any necessary permits. The board recorded no public opposition at the hearing and a public speaker supported the amendment as a way to activate retail and services in that area.
Next steps for the applicant are to pursue tenant approvals and any building permits for uses that the site plan and master plan allow.
