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Boynton Beach to consider purchase of 670 Oak Street with seller-imposed restrictive covenant
Summary
City staff said the purchase of 670 Oak Street depends on approving a seller-imposed restrictive covenant that limits height (36 feet/2 habitable stories), requires a 25-foot setback, caps buildable area at 32,500 sq ft and prohibits certain marina/structured parking uses; staff warned the city would terminate the contract if the covenant is not approved.
City staff presented details of a negotiated purchase for 670 Oak Street and described seller-imposed restrictive covenants that would run with the land if the commission approves the acquisition.
Andrew Mack summarized the key covenant terms as presented by staff: a maximum building footprint of 32,500 square feet, a height limit of 36 feet limited to two habitable stories, a 25-foot setback requirement, and an explicit prohibition on structured parking or a dry-stack marina for part of the parcel. Staff also said the purchase agreement preserves existing residential development rights so the city retains the option to redevelop or sell the parcel under those rights.
Mack told the commission that closing is contingent on approving the restrictive covenant and that the city could terminate the contract if the commission did not approve it. "If you guys don't approve this, then we would terminate the contract on the next day," he said. He also noted the covenant could be modified later but would require unanimous commission approval to change once run with the land.
Staff recommended the commission consider the covenant terms in light of the city's goals for the site and noted that, absent an approved site plan, some uncertainty remains about whether the covenant would constrain future uses. Staff said they would bring back any necessary amendments or further discussion if closing revealed complications.
