Commission clears land‑use and rezoning for Josie’s relocation; major site plan tabled to Feb. 3

Boynton Beach — The City Commission on Jan. 20 approved first readings of a future‑land‑use amendment and a rezoning request to allow the northern 0.72‑acre portion of a 1.34‑acre parcel at 3047 N. Federal Highway to change from high‑density special residential to general commercial to accommodate a proposed new Josie’s restaurant building.

Applicant representative Joni Brinkman said the applicant’s intention is to build a roughly 4,733‑square‑foot restaurant with outdoor seating and that the business has long been a local mainstay. "They are, an establishment that's been here many years. They're a staple of the community," Brinkman said, asking the commission to approve the land‑use and rezoning in order to continue construction and preserve the restaurant in the city.

The commission approved both first readings on unanimous roll‑call votes. Because the major site plan (item G), which would include building elevations and floor plans, was not complete for presentation, staff and the applicant jointly requested tabling of the site plan until the Feb. 3 second reading; the commission voted to table that specific item to Feb. 3.

Commissioners discussed concerns raised by one commissioner about the possibility of future residential development under state‑level "live local" law and whether the city could limit that outcome. City legal counsel advised that state law preempts local restrictions on "live local" where applicable, meaning the commission could not impose a legally enforceable covenant to prohibit certain uses tied to state law; commissioners requested additional legal input before the second reading/site‑plan hearing.

What happens next: The land‑use change and rezoning proceed to second reading; the applicant will present a full major site‑plan package on Feb. 3 for review and public comment.