Sara Sims Memorial Cemetery ZNCV-2025.10.6783 DEVELOPMENT ORDER OF
THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sara Sims Memorial Cemetery (ZNCV— 2025.10.6783)
APPLICANT: City of Boynton Beach, Public Works Department
APPLICANT'S ADDRESS: 100 East Ocean
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 23, 2026
APPROVAL SOUGHT: Request for a Variance (ZNCV - 2025.10.6783) from Part III, Chapter 4, Article
II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape Buffer" to grant approval to
not construct the required buffer, located at 128 West Martin Luther King Junior
Boulevard, in the PU (Public Utility) zoning district.
LOCATION OF PROPERTY: 201 NW 9t1 Court
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
✓ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the applicant
and heard testimony from the applicant, members of city administrative staff and the public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
_✓HAS
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "D"
with notation "Included."
4. The Applicants request is hereby
‘/GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7.
Other: _ %`
O 7'
1
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DATED: om - l � U cogpORME°:1•.-c�:w.Ciy ClerJCZA-6
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�`% FLO‘) '•
cyr Y o,. DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
°.. a STAFF REPORT
�rON 0
TO: Mayor and Members of the City Commission
THRU: Kevin Fischer, AICP
Planning and Zoning Division Director
FROM: Gabe Sevigny, Principal Planner
DATE: March 30, 2026
PROJECT: Sara Sims Memorial Cemetery — ZNCV 2025.10.6783
REQUEST: Approve request for a Variance (ZNCV - 2025.10.6783) from Part III,
Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape
Buffer" to remove the requirement of a 6-foot concrete wall within a
required buffer, on a property located at 201 Northwest 9th Court, in a PU
(Public Utility) zoning district.
Applicant: City of Boynton Beach.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Address: 201 Northwest 9th Court
Location: Southeast corner of the Martin Luther King Junior Boulevard and North
Seacrest Boulevard intersection.
Existing Land Use: MeDR (Medium Density Residential)
Proposed Land Use: PPG! (Public & Private Government/Institutional)
Existing Zoning: R2 (Single- and Two- Family Residential)
Proposed Zoning: PU (Public Usage District)
Proposed Use: Cemetery Expansion
Acreage: 2.76 acres
Adjacent Uses:
North: Residential, FLUM classification of MeDR (Medium Density Residential)
and zoned R2 (Single- and Two- Family Residential.
Page 2
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
South: Cemetery, FLUM classification of PPGI (Public & Private
Government/Institutional) and zoned PU (Public Usage District)
East: Commercial, FLUM classification of LRC (Local Retail Commercial) and
zoned C2 (Neighborhood Commercial District)
West: Recreational, FLUM classification R (Recreation) and zoned REC
(Recreation District).
PROPERTY OWNER NOTIFICATION
Notice of the request was mailed to property owners within 400 feet of the subject property, and
signs were posted for the City Commission hearing dates. The applicant has certified compliance
with Ordinance Nos. 04-007 and 05-004.
BACKGROUND
The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by
the City of Boynton Beach. As additional plots are needed for the community, the proposal would
be to develop the remainder of the site in conformance with concurrent review of a Major Site
Plan. The area in question for the FLUM and rezone were previously privately owned and held
different FLU and zoning designations that would not allow for a cemetery as a use. There are
concurrent applications for a FLUM Modification and Rezone in order for the expansion to
continue. The request is a FLUM from MeDR to PPGI and a rezone from R2 to PU consisting of
0.94 acres.
There is also a concurrent site plan review for the remaining site, consisting of 2.76 acres. There
are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 717
adult plots. There are additional proposed site improvements such as landscaping, a funeral
procession area, relocation of the memorial monument plaque and flag pole to the northeastern
most portion of the site.
There is one vacant lot that is not associated with this project that is not owned by the City of
Boynton Beach. This existing lot is zoned R2 which, according to the Land Development
Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12-15 foot buffer
with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely
to develop in this location, the applicant is required to submit for a Variance to remove the
requirement for this type of buffer. This would only affect the east, west, and south boundary of
the specific lot in question. Staff supports the variance as requested, as strict adherence to the
requirements of LDRs would have a negative impact on the over-all area for a park and
cemetery.
ANALYSIS
Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 requires an Urban Landscape Buffer
(type 2) between residential projects with contrasting densities or between incompatible zoning
districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height
comprised of trees, hedges, and shrubs, in combination with a buffer wall. This would require the
area in red (see Figure 1) to contain the full buffer. The requirement of this buffer would not be
2
Page 3
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
harmonious with the rest of the design of the cemetery and further the park area to the west. The
existing 4-foot iron fence along with a continuous hedge and same number of required trees are
still being proposed in lieu of the required buffer.
Figure 1: Buffer Location
NW 10th Ave- aii NW>10th•Ave NW 10th Ave
0.-.,_ , _ __W. . I .17 -... — .--- ', ,,....."amolowalo,,,—_
1 s �''i • +c '•,:
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V
v.e
C •
The City Commission has the authority and duty to authorize variances from the city's Land
Development Regulations (LDRs) that will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of the city's Land Development
Regulations (LDR) would result in unnecessary and undue hardship. Approval may be granted
as proposed or with conditions of approval including, but not limited to, the dedication of property
for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare; or be denied when not in
harmony with the intent and purpose of the Variance application. In evaluating the application,
the City Commission shall consider the effects of the proposal on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have
been made.
In order to authorize any variance from the city's Land Development Regulations (LDRs), the
applicant must demonstrate that the request meets the following criteria (a-f), pursuant to Part Ill,
Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's Land
Development Regulations (LDRs). The applicant's justification and response to these criteria is
attached (Exhibit B - Project Description & Justification Statement).
3
Page 4
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in the
same zoning district.
The requested variance is necessary for the design of a park-like cemetery to be expanded into
adjacent lots. The reason for the request is due to one residential lot that has not been developed
and is not expected to be developed as a residential use.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
The boundary line on the south of the vacant lot in question has been adjacent to this zoning and
use for numerous years, without a buffer, the request to expand the cemetery for necessary plots
is the trigger for the buffer wall. While the action to expand may have brought on the requirement
for a buffer, the applicant has tried to procure all the site in order to create a unified development,
therefore removing the requirement for a buffer but has been unable to do so.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this section to other lands, buildings, or structures in the same zoning district.
The granting of this variance would not confer any special privilege that is denied to other lands,
building, or structures as there is only one other cemetery within city limits that could be affected.
d. That literal interpretation of the provisions of the ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of the
ordinance and would work unnecessary and undue hardship on the applicant.
While the Public Usage zoning designation may not be residential, this a necessary zoning district
in order to provide certain facilities and uses to all types of zoning districts and the literal
interpretation of non-compatible uses can be argued to an extent of what is incompatible.
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
If approved, the applicant still proposes a hedge and same number of trees through this area as
depicted on the landscape plans attached.
f. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter and that such variance will not be injurious to the area involved or be otherwise
detrimental to public welfare.
If approved, the variance will be in harmony with the general intent and purpose and will not be
injurious to the area involved.
RECOMMENDATION
Staff has reviewed this Variance application against the variance criteria (a-f), pursuant to Part
4
Page 5
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
Ill, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's
Land Development Regulations (LDRs). Based on the analysis contained herein, staff
recommends APPROVAL of this variance request to remove the requirement of a 6-foot concrete
wall.
5
�kTY °. DEVELOPMENT DEPARTMENT
`' PLANNING AND ZONING DIVISION
° STAFF REPORT
ETON
TO: Mayor and Members of the City Commission
THRU: Kevin Fischer, AICP
Planning and Zoning Division Director
FROM: Gabe Sevigny, Principal Planner
DATE: March 30, 2026
PROJECT: Sara Sims Memorial Cemetery — ZNCV 2025.10.6783
REQUEST: Approve request for a Variance (ZNCV - 2025.10.6783) from Part III,
Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape
Buffer" to remove the requirement of a 6-foot concrete wall within a
required buffer, on a property located at 201 Northwest 9th Court, in a PU
(Public Utility) zoning district.
Applicant: City of Boynton Beach.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Address: 201 Northwest 9th Court
Location: Southeast corner of the Martin Luther King Junior Boulevard and North
Seacrest Boulevard intersection.
Existing Land Use: MeDR (Medium Density Residential)
Proposed Land Use: PPGI (Public & Private Government/Institutional)
Existing Zoning: R2 (Single- and Two- Family Residential)
Proposed Zoning: PU (Public Usage District)
Proposed Use: Cemetery Expansion
Acreage: 2.76 acres
Adjacent Uses:
North: Residential, FLUM classification of MeDR (Medium Density Residential)
and zoned R2 (Single- and Two- Family Residential.
Page 2
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
South: Cemetery, FLUM classification of PPGI (Public & Private
Government/Institutional) and zoned PU (Public Usage District)
East: Commercial, FLUM classification of LRC (Local Retail Commercial) and
zoned C2 (Neighborhood Commercial District)
West: Recreational, FLUM classification R (Recreation) and zoned REC
(Recreation District).
PROPERTY OWNER NOTIFICATION
Notice of the request was mailed to property owners within 400 feet of the subject property, and
signs were posted for the City Commission hearing dates. The applicant has certified compliance
with Ordinance Nos. 04-007 and 05-004.
BACKGROUND
The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by
the City of Boynton Beach. As additional plots are needed for the community, the proposal would
be to develop the remainder of the site in conformance with concurrent review of a Major Site
Plan. The area in question for the FLUM and rezone were previously privately owned and held
different FLU and zoning designations that would not allow for a cemetery as a use. There are
concurrent applications for a FLUM Modification and Rezone in order for the expansion to
continue. The request is a FLUM from MeDR to PPGI and a rezone from R2 to PU consisting of
0.94 acres.
There is also a concurrent site plan review for the remaining site, consisting of 2.76 acres. There
are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 717
adult plots. There are additional proposed site improvements such as landscaping, a funeral
procession area, relocation of the memorial monument plaque and flag pole to the northeastern
most portion of the site.
There is one vacant lot that is not associated with this project that is not owned by the City of
Boynton Beach. This existing lot is zoned R2 which, according to the Land Development
Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12-15 foot buffer
with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely
to develop in this location, the applicant is required to submit for a Variance to remove the
requirement for this type of buffer. This would only affect the east, west, and south boundary of
the specific lot in question. Staff supports the variance as requested, as strict adherence to the
requirements of LDRs would have a negative impact on the over-all area for a park and
cemetery.
ANALYSIS
Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 requires an Urban Landscape Buffer
(type 2) between residential projects with contrasting densities or between incompatible zoning
districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height
comprised of trees, hedges, and shrubs, in combination with a buffer wall. This would require the
area in red (see Figure 1) to contain the full buffer. The requirement of this buffer would not be
2
Page 3
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
harmonious with the rest of the design of the cemetery and further the park area to the west. The
existing 4-foot iron fence along with a continuous hedge and same number of required trees are
still being proposed in lieu of the required buffer.
Figure 1: Buffer Location
-.1.......4V•-• 6 MINVIIP M 4 .
. _:_ __ :_ . . ,
• ,
NW'10th$Ave _ __ -- - ._____.. NW'10th'Ave - NW 10th Ave-,_._�.Li
7 !V 11_1 . - ,
v
N,\ •
U._ / i
n. I • �°'..
4 r
.. r f
A ..'r
'''. ' .Alibb,14.
The City Commission has the authority and duty to authorize variances from the city's Land
Development Regulations (LDRs) that will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of the city's Land Development
Regulations (LDR) would result in unnecessary and undue hardship. Approval may be granted
as proposed or with conditions of approval including, but not limited to, the dedication of property
for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare; or be denied when not in
harmony with the intent and purpose of the Variance application. In evaluating the application,
the City Commission shall consider the effects of the proposal on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have
been made.
In order to authorize any variance from the city's Land Development Regulations (LDRs), the
applicant must demonstrate that the request meets the following criteria (a-f), pursuant to Part III,
Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's Land
Development Regulations (LDRs). The applicant's justification and response to these criteria is
attached (Exhibit B - Project Description & Justification Statement).
3
Page 4
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in the
same zoning district.
The requested variance is necessary for the design of a park-like cemetery to be expanded into
adjacent lots. The reason for the request is due to one residential lot that has not been developed
and is not expected to be developed as a residential use.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
The boundary line on the south of the vacant lot in question has been adjacent to this zoning and
use for numerous years, without a buffer, the request to expand the cemetery for necessary plots
is the trigger for the buffer wall. While the action to expand may have brought on the requirement
for a buffer, the applicant has tried to procure all the site in order to create a unified development,
therefore removing the requirement for a buffer but has been unable to do so.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this section to other lands, buildings, or structures in the same zoning district.
The granting of this variance would not confer any special privilege that is denied to other lands,
building, or structures as there is only one other cemetery within city limits that could be affected.
d. That literal interpretation of the provisions of the ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of the
ordinance and would work unnecessary and undue hardship on the applicant.
While the Public Usage zoning designation may not be residential, this a necessary zoning district
in order to provide certain facilities and uses to all types of zoning districts and the literal
interpretation of non-compatible uses can be argued to an extent of what is incompatible.
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
If approved, the applicant still proposes a hedge and same number of trees through this area as
depicted on the landscape plans attached.
f. That the granting of the variance will be in harmony with the general intent and purpose of
this chapter and that such variance will not be injurious to the area involved or be otherwise
detrimental to public welfare.
If approved, the variance will be in harmony with the general intent and purpose and will not be
injurious to the area involved.
RECOMMENDATION
Staff has reviewed this Variance application against the variance criteria (a-f), pursuant to Part
4
Page 5
Variance for Sara Sims Memorial Cemetery
ZNCV-2025.10.6783
Ill, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city's
Land Development Regulations (LDRs). Based on the analysis contained herein, staff
recommends APPROVAL of this variance request to remove the requirement of a 6-foot concrete
wall.
5
1C 'T Tr)
LANDSCAPE ARCHITECTURE
& PLANNING LA-0000530
George G. Gentile, PLA • Emily M. O'Mahoney, PLA • M. Troy Holloway, PLA • Dan Siemsen, PLA • Dylan Roden, PLA
City of Boynton Beach
Sara Sims Cemetery
Future Land Use, Rezoning and a Major Site Plan
Amendment with Variance
October 9, 2025
On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. is requesting a Future Land
Use Amendment, Rezoning and a Major Site Plan Amendment to the existing Sara Sims
Cemetery. The subject site is located on southwest corner of the intersection of Martin
Luther King Boulevard and N. Seacrest Boulevard in the City of Boynton Beach, Florida.
The overall request is to increase the number of plots available to the community through
both Phase 1 and Phase 2. There are still legal encumbrances on the Phase 2 limits which
may take some time to resolveCurrently, the Applicant (the City) is requesting approval of
Phase 1 and come forward in the future with Phase 2.
Project Narrative The Sara Sims Cemetery exists today and was established in 1957 to
serve historically the African American community. The City of Boynton Beach owns the
cemetery along with the recreational park bearing the same name to its immediate west.
The cemetery serves as green open space and respite for the busy suburban area. It is a
cemetery with small ground markings and no vertical headstones. Due to limited capacity
at the existing cemetery site, the City is initiating an expansion project to better serve the
community's long-term needs and almost doubling the number of plots. The planned
expansion includes pushing out the cemetery boundaries both north and south. To facilitate
the northern expansion, the City has acquired multiple residential parcels located along
Martin Luther King Jr. Boulevard. The vacated section of NW 9th Avenue already supports
and serves the project. The pavement will be extended so as to provide an emergency exit
out to Martin Luther King Boulevard while also providing a turnaround spot for typical
visitors.
A future phase (Phase 2) will involve abandonment of unbuilt right-of-way (College Blvd.)
and additional re-zoning and land use changes occurring on the south side to allow for
additional lots. The approval of these requests will allow the City to serve the community
well into the future. Phase 2 will be part of a future site plan application.
1907 Commerce Lane, Suite 101 , Jupiter, Florida 33458 . 561-575-9557 . 2GHO.com
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 2
This Major Site Plan application also includes a landscape variance to be able to achieve
the open space cemetery and CPTED criteria. There is one lone residential vacant lot which
remains and will require an incompatible landscape buffer which is inconsistent with a park-
like cemetery and in keeping with OPTED criteria. The specifics will follow. Future Phase 2
will also require this variance as parts of the southern area, once road abandonment has
occurred, as it abuts existing residential.
AI
PHASE NUMBER OF ADULT NUMBER OF
I, PLOTS CHILDREN PLOTS
EXISTING CEMETARY 872 150
PHASE 1 EXPANSION 716 116
TOTAL 1588 PLOTS 266 PLOTS
PHASE 2 FUTURE EXPANSION 153 0
FUTURE TOTAL 1741 PLOTS 266 PLOTS
Site Characteristics:
The Sara Sims Cemetery is located south of Martin Luther King Jr. Boulevard, east of North
Seacreast Boulevard and adjacent to Sara Sims Park on the west side, an active recreation
facility. The parcels under consideration for re-zoning and land use change are 1.) Vacant
(west parcel) and 2.) being used for a community fruit tree garden. The area at the
intersection of the roadways in the northeast are given over to community identification. This
area will generally remain. The current Land Use of the subject site is MR-5 Medium
Residential — 5 du/ac and a current Zoning District is RM — Residential Medium Zoning District.
Surrounding Property Land Use and Zoning Designations:
EXISTING EXISTING PCN EXISTING
FLU ZONING USE
Subject PPGI, PU, R2 08-43-45-21-40-002-0010 Cemetery
Site MEDR •lots/vacant
North MEDR R2 MULTIPLE PCNS Single family
South LDR R3, RIA MULTIPLE PCNS Single
Famil
East MEDR R3 08-43-45-21-07-004-1300
N:\Boynton Sara Sims 23-12061Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 3
EXISTING EXISTING PCN EXISTING
FLU ZONING USE
West MEDR, R R2, REC 08-43-45-21-40-001-0000 PARK
LANDSCAPE VARIANCE
Pursuant to Section 2.D of the Boynton Beach, Florida Code of Ordinances, Part III Land
Development Regulations (the "Land Development Regulations") Chapter 2, Article II, this
application would seek approval to allow for a reduction in the landscape buffer in two
areas. One would be on the north side surrounding the three sides of the out parcel
designated as residential. The other would be the future abandonment area abutting
existing residential on the south side. Both would otherwise be required by Section 4 of
Part II, Chapter 4, Article II of the Land Development Regulations.
These locations require an urban Landscape Buffer (Type 2) which stipulates a minimum
buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer
wall. The variance request is for a reduction in the buffer width and elimination of the
masonry wall. The proposed site plan, enclosed with this submittal, would provide a
minimum of 5' of a landscape buffer strip containing a 3' hedge with the code required
trees. This is a reduction in the width of the strip (Table 4-4. Urban Landscape Buffer (Type
2). 1.) and the opacity from 6' down to a vegetated 3' after establishment by the removal
of the 6' wall (Table 4-4. Urban Landscape Buffer (Type 2). 4.).
Justification: Since the Cemetery is park-like with open green space and trees in a
manicured landscape, there is no need for the strict incompatibility buffer screening. It is
an asset, an amenity, to look over a park-like setting. The expansion of the cemetery is an
aesthetic benefit for the community as a whole and is a use that is deemed a 'good
neighbor'. The request allows buffering without the solid screening that a wall provides
and minimizes the space to maximize the plots, the purpose of a cemetery.
REVIEW CRITERIA FOR THE VARIANCE
The landscape code variance request needs to meet criteria as set forth by the Building
Board of Adjustments and Appeals. Please find the following responses:
a) That special conditions and circumstances exist which are peculiar to the building,
structure or service system involved and which are not applicable to others.
Response: The proposed variance request is because the development is a park-like
cemetery where there are no buildings or activities which would impact residential use.
b) That the special conditions and circumstances do not result from the action or inaction of
the applicant.
N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09 25.docx
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 4
Response: The special conditions and circumstances are not the result of action or
inaction of the applicant. The applicant has tried to procure all land to minimize the non-
conformity and create a unified project.
c) That granting the variance request will not confer on the applicant any special privilege
that is denied by this code to other buildings, structures or service system.
Response: The proposed variance would not be setting a precedent as there is only one
other cemetery in the City and it has well-defined boundaries.
d) That the variance granted is the minimum variance that will make possible the reasonable
use of the building, structure or service system.
Response: The proposed variance is the minimum variance that would meet the intent
of the code as reflected in this situation. There will be a buffer hedge and the same
number of trees.
e) That the grant of the variance will be in harmony with the general intent and purpose of
this code and will not be detrimental to the public health, safety and general welfare.
Response: The proposed variance, as mentioned in d), still meets the general intent of
the code and in no way is detrimental to the public health, safety and general welfare.
REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING
Rezoning Review Criteria — B. PU Public Usage District.
As this is a city-initiated rezoning, this application will only need the Criterion b. Consistency
for approval of this amendment to the official zoning map processed with or without the FLUM
amendment. The other criteria has been address.
a. Demonstration of Need: Whether the proposed amendments to the FLU and zoning maps
are supported by the implementation of the city's vision for, or changes in the conditions
or character of development in, the area under consideration. Ongoing or anticipated
market trends may also be considered in a justification statement provided as part of the
application.
Response: The proposed Future Land Use Amendment, Rezoning and Major Site Plan
Amendment for Sara Sims Cemetery are necessary to support evolving community needs
while preserving historical and cultural significance.
The Future Land Use Amendment will allow for more appropriate designation aligned with
long-term community planning objectives. Rezoning is essential to ensure compatibility
with adjacent uses and future development goals. The Major Site Plan Amendment is
intended to enhance site functionality while maintaining respect for the cemetery's
historical integrity.
N\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10 09.25.docx
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 5
b. Consistency: Whether the proposed FLUM amendment and rezoning would be
consistent with, promote, the purpose and intent of the applicable Comprehensive Plan
policies, Redevelopment Plans, and Land Development Regulations.
Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for
Sara Sims Cemetery align with the purpose and intent of the applicable Comprehensive
Plan policies, Redevelopment Plans, and Land Development Regulations. These
changes will promote responsible land use while maintaining compatibility with
surrounding properties and established community planning goals.
The amendment and rezoning are designed to enhance site functionality while respecting
historical and cultural significance. By integrating relevant land development regulations
and redevelopment strategies, the proposal ensures consistency with adopted policies
regarding land use, infrastructure, and environmental considerations.
c. Compatibility. The application shall consider whether the proposed future land use and
zoning, or potential uses allowed in a proposed zoning district, would be compatible with
the surrounding uses in terms of density, scale, and the nature of use, or when such an
amendment would normally create an isolated zoning district but would result in the
incremental implementation of a redevelopment plan for the area,
Response: The proposed changes would bring surrounding land into compatibility with
the existing cemetery, increasing the greenspace. The subject lots are vacant and do not
have any structures on them. Cemeteries as open space are important American
Landscapes with their park-like qualities. This cemetery,just to the east of a recreational
park, add to the open space to a mid-density residential area bordered by a busy collector
road and two local roads. The request is consistent with developed patterns.
d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would
encourage piecemeal development or create undevelopable parcels.
Response: The proposed amendments to the FLUM and Zoning maps will not encourage
piecemeal development or create undevelopable parcels.
e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps
would support complementary land uses; the integration of a mix of land uses consistent
with smart growth or sustainability initiatives; access to a wide range of mobility options;
or interconnectivity within the project and between adjacent properties.
Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for
Sara Sims Cemetery support smart growth and sustainability initiatives by promoting a
balanced mix of land uses that complement the surrounding area. The proposal is
designed to enhance the community's long-term viability through responsible planning
and integration with existing development patterns, allowing for open space.
Complementary Land Uses— The amendment will ensure that land uses are compatible
with nearby properties and broader community objectives, fostering a cohesive and well-
N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10 09.25.docx
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 6
planned urban environment. The proposal considers adjacent land uses to maintain
harmony and minimize conflicts.
Access to Alternative Modes of Transportation — The plan encourages accessibility
by supporting connectivity to existing transportation networks, including pedestrian
pathways, bicycle infrastructure, and public transit options. By facilitating multimodal
transportation, the proposal aligns with sustainability principles that reduce reliance on
single-occupancy vehicles. The cemetery is basically a park, open to the public
pedestrian during daylight hours, allowing for safety and visibility over a broad area, and
promoting interconnectivity with various walkways and entries into the cemetery.
Interconnectivity Within the Project and Between Adjacent Properties — The
amendment ensures a seamless transition between the cemetery site and surrounding
areas, enhancing accessibility and movement through interconnected pathways, access
points, and thoughtfully designed infrastructure improvements. This approach
strengthens community cohesion and supports efficient land use.
f. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning
districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article
VI Concurrency.
Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for
Sara Sims Cemetery have been carefully assessed to ensure adequate availability of
public services and infrastructure. In accordance with Chapter 1, Article VI Concurrency,
the request complies with established review criteria regarding capacity and service levels
for essential community resources.
Key considerations include:
Utilities & Infrastructure — The proposal aligns with existing water, sewer, and
stormwater management systems, ensuring that adequate facilities are available to
support the requested amendments without overburdening municipal resources.
Response: There is little to no impact on utilities and infrastructure.
Transportation & Accessibility—The site's connectivity to roadways and transportation
networks has been evaluated to ensure compliance with concurrency requirements,
supporting efficient traffic flow and access.
Response: The road network has not been affected by this project. There is limited traffic
impact which would only occur during a burial.
Public Safety & Emergency Services — The proposed changes maintain accessibility
for emergency services, ensuring continued service delivery for fire protection, law
enforcement, and medical response.
N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx
Boynton Beach — Sara Sims Cemetery
October 9, 2025
Page 7
Response: The project improvements improve connectivity within the site and access
points. Emergency vehicles now have a clear path in and out of the site. Clear visibility is
maintained through picket fences without hedges to meet CPTED criteria.
Community Facilities & Resources — The amendment considers proximity to schools,
parks, and other public facilities, ensuring compatibility with growth patterns and service
availability.
Response: There is no impact on community resources for this project.
g. Economic Development Benefits for Rezoning/ FLUM amendments would not:
A. Represent a potential decrease in the possible intensity of development, given the
uses permitted in the proposed land use category and/or zoning district
B. Represent a potential decrease in the number of uses with high probable economic
development benefits.
Response: The request decreases density by 3 single-family units.
Concurrency Requirements
The Applicant (City) understands that all applications contained herein are subject to the
City's Concurrency Management Ordinance and cannot be approved unless public facilities
(potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be
available to serve the project, consistent with the levels of service adopted in the city's
Comprehensive Plan. There is very minor impact to the City's facilities with this expansion.
Conclusion:
On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. Landscape Architects,
Planners, Environmental Consultants is requesting the approval of this application to expand
the Sara Sims Cemetery through a Future Land Use Amendment, Rezoning and a Major Site
Plan Amendment. This is respectfully submitted by Emily O'Mahoney, FASLA and Patricia
Lentini from 2GHO.
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EXHIBIT "D"
Conditions of Approval
Project Name: Sara Sims Memorial Cemetery
File number: MSPM-2025.10.6783, ZNCV 2025.07.4717
Reference: March 23, 2026, Commission Meeting
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / UTILITIES
Comments:
1. Plat of survey boundary received. At the time of permit
application, submit current topographic survey in X
accordance with LDR Ch. 2. Art. III. Sec. 3
2. The proposed development of"Future Phase" is subject to
right-of-way vacation and abandonment approval in X
accordance with Chapter 2, Article I, Section 3.
3. Unless otherwise waived or deemed impractical, all
overhead lines along rights-of-way abutting a proposed
project within CRA district shall be relocated X
underground. Where undergrounding is determined to be
impractical, a fee in lieu shall be remitted in the amount of
Engineer's Estimate of Cost.
4. Unless otherwise waived, existing streetlights abutting a
proposed project within CRA district shall be replaced with
City's pre-approved FPL decorative streetlighting (or X
approved equivalent). Provide streetlighting and photometric
plans along MLK Jr. Blvd. and Seacrest Blvd. in accordance
with LDR Ch. 4. Art. VII. Sec. 3.B.
5. At the time of permit, submit TPS approval letter from Palm
Beach County to demonstrate compliance with Palm Beach X
County Traffic Performance Standards in accordance with
Art. VI. Sec. 3.A.7a.
6. Relocate structures (fence/gate/column/memorial plaza) so
as not to encroach proposed 10' General Utility Easement
and existing rights-of-way or provide Removal Agreement X
Form and Utility Easement Consent Forms from each utility
provider.
Sara Sims Memorial Cemetery (MSPM-2025.10.6783)
Conditions of Approval
Page 2 of 4
DEPARTMENTS INCLUDE REJECT
7. Illustrate dimensions of temporary parking along NW 9th
Court and provide an AutoTurn exhibit to demonstrate
adequate fire access is provided in accordance with Art. VI.
Sec. 3.A.5., Florida Fire Prevention Code, and Engineering
Design Handbook and Construction Standards.
7.1 . minimum 20' unobstructed wide fire access (one-way
access may be reduced to minimum 15' unobstructed width)
7.2. minimum 55' outside turning radius X
7.3. Note: Where required by Fire Marshall, designated fire lanes
shall be clearly marked with adequate pavement marking
and signage in accordance with the Florida Fire Prevention
Code and Engineering Design Handbook and Construction
Standards.
8. The existing ADA parallel parking space along north side of
NW 9th Court is currently unrestricted for public access.
Relocate gated fence to maintain unrestricted public access X
or provide a narrative demonstrating how the hours of
operation and/or restricted access for the Cemetery do not
conflict with ADA parking requirements for Sara Sims Park.
9. Drainage statement not provided. Submit drainage
statement (digitally signed) to outline how the existing site
drainage meets or will be modified to accommodate the
proposed site improvements (decrease in pervious area X
greater than 800 sf) in accordance with City and SFWMD
criteria for stormwater management of runoff, minimum
perimeter berm elevation, and flood protection of roadways.
10. At the time of permit, submit final Civil Plans to include
drainage and stormwater management calculations and X
GeoTech Report for hydraulic conductivity in accordance
with LDR Ch. 2. Art. III. Sec. 3.
11. Please be advised that additional comments may be
forthcoming upon receipt and subsequent review of the X
requested information/documentation.
12. Relocate structures (fence/gate/column/memorial plaza) so X
as not to encroach proposed 10' General Utility Easement
Sara Sims Memorial Cemetery (MSPM-2025.10.6783)
Conditions of Approval
Page 3 of 4
DEPARTMENTS INCLUDE REJECT
and existing rights-of-way or provide Removal Agreement
Form and Utility Easement Consent Forms from each utility
provider.
13. The existing ADA parallel parking space along north side of
NW 9th Court is currently unrestricted for public access.
Relocate gated fence to maintain unrestricted public access X
or provide a narrative demonstrating how the hours of
operation and/or restricted access for the Cemetery do not
conflict with ADA parking requirements for Sara Sims Park.
PLANNING AND ZONING
Comments:
14. It is the applicant's responsibility to ensure that the application
requests are publicly advertised in accordance with
Ordinance 04-007 and Ordinance 05-004, and an affidavit
with attachments (ownership list, radius map, and copy of X
mailing labels) is required to be provided to the City Clerk and
Planning & Zoning Division one (1) week prior to the first
public hearing.
15. Approval of the Major Site Plan Modification (MSPM
2025.07.4717) is contingent upon approval of the X
accompanying request for a Variance (ZNCV 2025.07.4717).
16. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c.(2),
Landscape Design and Buffering Standards of the Land
Development Regulations, the project shall provide one (1) X
tree spaced every thirty (30) linear feet on center; and a
continuous hedge of three (3) feet in_height.
POLICE
Comments: None
BUILDING
Comments: None
FIRE
Sara Sims Memorial Cemetery (MSPM-2025.10.6783)
Conditions of Approval
Page 4 of 4
DEPARTMENTS INCLUDE REJECT
Comments: None
CITY COMMISSION CONDITIONS
Comments: