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Agenda 10-19-04 · The City of Boynton Beach ,J 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA OCTOBER 19, 2004 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 19, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Martin Zlatic - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Boynton Veterans Council Veterans Day Ceremony will be held on Sunday, November 7, 2004 at 2:00 p.m. at Intracoastal Park 2. The Next Regular Commission Meeting will be Wednesday, November 3, 2004 due to Election Day on Tuesday, November 2, 2004 B. Community and Special Events: C. Presentations: 1. Proclamations: a. Boynton Veterans Council Veterans Day Ceremony- November 3, 2004 2. Presentation of National and State Accreditation for Boynton Beach Police Department Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments to be made: Appointment length of Term To Be Made Board Expiration Date IV McKoy Advisory Bel on Children & Youth Aft 1 yr term to 4/05 Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05 Mayor Taylor Bldg. Bel of Adj & Appeals Reg 3 yr term to 4/07 (Tabled 2) I Ensler Bldg. Bel of Adj & Appeals Reg 3 yr term to 4/07 (Tabled 2) II McCray Bldg. Bel of Adj & Appeals Alt 1 yr term to 4/05 (Tabled 2) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 (Tabled 2) I Ensrer Cemetery Board Art 1 yr term to 4/05 IV McKoy Code Compliance Board Alt 1 yr term to 4/05 (Tabled 2) Mayor Taylor Code Compliance Board Art 1 yr term to 4/05 IV McKoy Education Advisory Board Stu 1 yr term to 4/05 (Tabled 3) Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 I Ensler Education Advisory Board Alt 1 yr term to 4/05 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - October 1, 2004 2. Regular City Commission Meeting - October 4, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget None C. Resolutions: 2 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 1. Proposed Resolution No. R04- Re: Authorizing execution of a professional services contract for implementation of a portion of the City Commission strategic plan 2. Proposed Resolution No. R04- Re: Authorizing the release of the Development Bond for Boynton Marina Village in the amount of $407,380) 3. Proposed Resolution No. R04- Re: Authorization to proceed with professional services scope of work for a project review of the viability of refurbishing the Old High School vs. construction of a new Civic Center D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Gateway Shell (ZNCV 03-010 to 03-012) - 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120' from the intersection of the right-of-way lines along streets of higher classification to allow a 97' variance, resulting in a distance of 23', and to allow an 88' variance for a second driveway, resulting in a distance of 32' 'from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10' variance, resulting in a distance of 20' for an existing gas station business Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. 2. Gateway Shell (ZNCV 03-013) - 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a 20' rear setback to allow a 10' variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 3. Gateway Shell (ZNCV 03-014 and ZNCV 03-015) - 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than 20' from any property line to allow a 10.5' variance, resulting in a distance of 9'-6" for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than 30' from any property line to allow a 10.2' variance, resulting in a distance of 19.8' for an existing gasoline pump island for a gas station business 4. Gateway Shell (ZNCV 03-016 and ZNCV 03-017) - 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.F.(1) requiring a 10' wide landscape buffer along the street frontage to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every 40', a continuous hedge 24 inches high, 24 inches on center at time of planting with flowering groundcover to allow a variance of 10', resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a 10' wide landscape buffer on all interior property lines to allow a variance of 8'-6", resulting in a 1'_ 6" landscape buffer for an existing gas station business 5. Gateway Shell (ZNCV 03-023) - 2360 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring that all signs must meet a minimum 10" setback from the property line to the closest surface of the sign to allow a 5" variance from the property line, resulting in a 5" setback for an existing gas station business. 6. Sunbelt Hydraulics (SPTE 04-008) - Lot 9 West Industrial Avenue - Request for a second one (1) year time extension of the site plan approval originally granted on August 6, 2003, from August 6, 2004 to August 6, 2005 4 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 7. Boynton Beach Marina Townhomes (SPTE 04-007) - 743 NE 1st Avenue - Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15, 2004 to July 15, 2005 F. Authorize repair to private property due to utility system damage (RECONSIDERED AND TABLED ON OCTOBER 4,2004) VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Gateway Shell (COUS 03-007) Agent: Beril Kruger of Beril Kruger Planning & Zoning Owner: Suau Enterprises, Incorporated location: 2360 North Federal Highway Description: Request for conditional use / major site plan modification approval for a 681 square foot building addition to an existing gas station / convenience store on a 0.48-acre parcel in the C-3 zoning district. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. City Commission District Boundary Review - December 7, 2004 E. Review of Possible Changes to Compensation for the City Commission (November 16, 2004) F. Selection of Vice Mayor per Section 2-1.2 of City Code (November 16, 2004) G. Review of Amendments/Renewal to Towing Contract (no date) XI. NEW BUSINESS: None 5 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tabled to 10/19/04 to allow for conditions of approval to be met) 2. Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (Janis Group) (Table to October 19, 2004 to allow conditions of approval to be met) 3 Proposed Ordinance No. 04-079 Re: Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres (Car Rental (CDRV 04-006) 4. Proposed Ordinance No. 04-080 Re: Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (Gulfstream Gardens (ANEX 04- 003) (Request to Postpone until November 3, 2004) 5. Proposed Ordinance No. 04-081 Re: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential (Gulfstream Gardens (LUAR 04-004) (Request to Postpone until November 3, 2004) 6. Proposed Ordinance No. 04-082 Re: Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD) {Gulfstream Gardens (LUAR 04-004) (Request to Postpone until November ~ 2004) 7. Proposed Ordinance No. 04-83 Re: Request to amend the Future Land Use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC) Boynton Mango (LUAR 04-011) 8. Proposed Ordinance No. 04-084 Re: Request to rezone from R-I-A Single-Family Residential to C-2 Neighborhood Commercial Boynton Mango (LUAR 04-011) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 9. Proposed Ordinance No. 04-085 Re: Annexation of 0.72- acre partially developed lot located in unincorporated Palm Beach County (Edward Medical Office Building (ANEX 04-004) 10. Proposed Ordinance No. 04-086 Re: Amending the Comprehensive Plan Future Land Use Map for Commercial High Intensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC) (Edward Medical Office (LUAR 04-008) 11. Proposed Ordinance No. 04-087 Re: Rezoning from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (Edward Medical Office (LUAR 04-008) 12. Proposed Ordinance No. 04-088 Re: Abandoning of a 40- foot wide unimproved right-of-way (Northeast 2nd Street) (306 Boynton Beach Boulevard, L.C.) (ABAN 04-005) B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04- Re: Amending Section 14- 5 of the Code of Ordinances to enforce restricted parking on rights-of- way under the jurisdiction of the Florida Department of Transportation (FDOT) C. Resolutions: None D. Other: 1. Authorization to exercise the terms of the Option Agreement in purchasing property currently owned by Benjie Sperling, located on NW 22nd Avenue XIII. UNFINISHED BUSINESS: Requested by Residents for Resolution of Support - Affirmation of Public Access Lake Drive in Lakeside Gardens Subdivision 7 Agenda Regular City Commission Meeting Boynton Beach, Florida October 19, 2004 XIV. ADJOURNMENT: NOTICE IF A PERSON DEODES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (561) 742-6013 AT lEAST 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTNITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 10/15/2004 11:52 AM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\ 1 01904.DOC 8 III.-ANNOUNCEMENTS &. PRESENTATIONS Item A.t. WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, there are over one million veterans in the State of Florida who continue their devotion to the highest ideals of citizenship, and constitute a foundation of both the strength and progress of this State; and WHEREAS, we can never repay our debt to our veterans, for it is beyond any tangible price, but we can show our gratitude for their exemplary deed; and it is in the best interest of all the State that its citizens express their gratitude for these sacrifices and remind themselves of the great price of liberty; and WHEREAS, we are sure that there are still Korean and Vietnam POW's and MIA's and we ask that the City of Boynton Beach acknowledge this fact and pray for their safe return. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim November 7,2004, as: BOYNTON VETERANS COUNCIL VETERANS DAY CEREMONY in Boynton Beach, Florida, and urge all citizens of our City to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom at a ceremony to be held at Intracoastal Park on Sunday, November 7,2004, at 2:00 p.m. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of November in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach, Florida ATTEST: City Clerk (Corporate Seal) S:ICCIWPICCAGENDAIProclamationsIYear 2004\Veterans Council Celebration-11-2004.doc BOYNTON VETERANS COUNCIL AMERICAN LEGION POSTS 164 & 288 DISABLED AMERICAN WAR VETERANS POST 152 VETERANS OF FOREIGN WARS POSTS 10150 & 5335 JEWISH WAR VETERANS POST 440 KOREAN WAR VETERANS CHAPTER 17 Bob Zimmerman Charles Strauss, secretary 811 SW 18th Street 5669 Caruso Court # 103 Boynton Beach, FL 33426 Boynton Beach, FL 33437 561-736-7686 561-374-9159 September 24th, 2004 Jerry Taylor, Mayor Mike Ferguson, Vice Mayor '- , Janet Pranito, City Clerk ,-, -:j --i ..- -'- ~j ~ Marshall Gage, Police Chief (/) -----'::C) '""1 è-q John Wildner, Parks and Recreation -u -- ....._ILJ f') '-' Mack McÇray, Commissioner \.D - '--." --;,,~ ·-·-'--"~z Carl McKoy, Commissioner J:!Io oj) ---i :3: 0 Bob Ensler, Commissioner :=z - --q .. -" CD - -fTJ 0):> Boynton Beach City Hall co r r¡ ("") 100E. Boynton Beach Blvd. ::I: Boynton Beach, FL 33435 The Boynton Veterans Council plans to hold this years Veterans Day Ceremony at the Intercoastal Park on November 7th, 2004 at 2 pm. This letter is a written confirmation to the City that we are requesting the usage of the Park, as well as set-up of the tent, seating, and speaker system. Your Parks department staff (John Wildner) is familiar with the requirements of this annual program. It would slso be appreciated if the City would issue a Proclamation in Honor of this event. Mayor Taylor is invited to present this at the program, and of course all members of the City Council are ivited to attend and will be introduced to the attendees. . -~,,-------~---._-.-.,.......<_. <--,-.,...---~.._-- - --."......,."""'.-"'-'--,----~,,-.-> .,---..-.---. . ~._-~ Please confirm the date the Proclamation will be read to the City Council so that we can have a representative there to accept it. Light refteshments will be served at VFW Post 5335 at 500 Ne 21st Avenue for all the attendees. Please join us in this repast. I appreciate your help and understanding and if there are any questions please contact us. Charles Strauss ? secretary III.-ANNOUNCEMENTS 8r. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office l\leeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21,2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement 0 Presentation D City Manager's Report RECOMMENDATION: Mayor to present the police department with their re-accreditation certificate issued by the Commission for Florida Law Enforcement Accreditation (CFA) and the Commission on Accreditation for Law Enforcement Accreditation (CALEA). EXPLANATION: The police department was originally accredited in October of 2001 by the CFA after the agency conducted a two-year self assessment program, bringing itself into compliance with CFA standards. Accreditation status requires the agency to comply with over 260 standards of excellence encompassing all phases of professional law enforcement operations. Every three years, the department must demonstrate compliance with the standards by on-site review conducted by Commission assessors. In July of 2004, the Commission conducted its on-site inspection of the department and found that all standards were complied with. Additionally, the department applied for recognition from CALEA, which is the national recognition body for law enforcement agencies. The assessors determined that the department was also in compliance with over 90 standards of excellence as established by CALEA and as a result, the department has received the national recognition award for law enforcement agencies. PROGRAM IMPACT: Positive impact on police/community relations and an increase in the efficient operation of the police department. FISCAL IMPACT: None ALTER~ ,,/' /[. ~- , Depa ent Head's Signature City Manager's Signature Marshall B. Gage, Chief of Police Kurt Bressner S:\BULLET!]\'T\FORMS\A.GENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA ITEM C.I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to C itv Clerk's Office Meeting Dates in to Citv Clerk's Office c=J August3,2004 (Noon.)July 19,2004 o October 5,2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 ~ October 19,2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18,2004 [] September 21,2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004 C:) 0 0 Administrative c=J Development Plans E? :::¡ ~ 0 C) --1-< NA TURE OF Consent Agenda New Business 0 ---~a AGENDA ITEM 0 0 -i C) -r¡ Public Hearing Legal , "~.~g; 0 Bids 0 Unfinished Business C.J1 >-< ::;". -. ....-:,j.... 0 Announcement 0 Presentation --- .""' -,")-1 ~- _. a 0 - 0 City Manager's Report - _.:.;;z .. ." co U1 ?) i"T' 0") 'õïP '0 RECOMMENDATION: Authorize professional services contract for implementation of a portion of the City ::z: Commission strategic plan. EXPLANATION: The City Commission approved a strategic plan in June 2004. The proposal attached is to provide professional assistance to the City on implementation of three of the strategic plan elements as follows: l. Boynton Beach Inlet Project 2. Annexation Policy Development and Impact Analysis 3. Liaison work with Schools PROGRAM IMP ACT: The proposed contract will supplement City staff resources and allow these three strategic plan components to move forward. The City Manager is assessing other areas of the approved strategic plan for implementation. FISCAL IMP ACT: The approved 2004-05 Budget appropriated $260,000 for Strategic Plan Implementation Work. The estimated cost of this portion of the program is $30,000. 0 City Manager's Signature Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 0 I' I I I II 1 I I 2 RESOLUTION NO. R04- 3 i 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 THEMA YOR AND CITY CLERK TO EXECUTE AN 7 AGREEMENT FOR PROFESSIONAL SERVICES 8 BET\VEEN CITY OF BOYNTON BEACH AND 9 POLITICALLY CORRECT, INC., PROVIDING 10 PROFESSIONAL SERVICES FOR THE 11 llvlPLEMENT A TION OF THE CITY COMMISSION 12 STRATEGIC PLAN; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 \VHEREAS, the City Commission of the· City of Boynton Beach, upon 17 recommendation of staff, deems it to be in the best interests of the citizens and residents of 18 the City of Boynton Beach, to enter into an agreement with Politically Correct, Inc., to 19 provide professional services for implementation of a portion of the City Commission I 20 strategic plan for the City, and to authorize the Mayor and City Clerk to execute said I 21 Agreement; 22 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 atified and confinued by the City Commission. 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 ereby authorize and direct the Mayor and City Clerk to execute an agreement between the 30 ity of Boynton Beach and Politically Correct, Inc., to provide professional services for 31 ·mplementation of a portion of the City Commission strategic plan for the City, a copy of 32 vhich Agreement is attached hereto as Exhibit "A". 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 I :ICAIRESO\AgreementsIPolilically Correct 101904 .doc ~._-- " .~-- . -"~. --"-~----~'--'--'--_.- '^------.~ --~._--_..~~._---~~------ 1 I I ¡I 1 , I 2 Î 3 PASSED AND ADOPTED this _ day of October, 2004. i 4 I 5 i CITY OF BOYNTON BEACH, FLORIDA I 6 I 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Mayor Pro Tern 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 25 ¡City Clerk 26 27 (Corporate Seal) :\CAIRESOlAgreementsIPolitically Correct 101904.doc AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND POLlTICALL Y CORRECT INC. The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Politically Correct Inc., a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a duly qualified expert in the field of government relations. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with special projects approved by the City Commission. PART I - SPECIAL PROVISIONS A. GOVERNMENT RELATIONS: PCI will take all actions necessary and appropriate to represent the CITY at the state and local levels with elected officials, agency and government staff, regarding pertinent issues and funding opportunities; · Issues research. PCI offers its extensive experience and background in legal research to advise as to appropriate action as requested by the commission; · Issues strategies. PCI will recommend strategies as requested to best address city issues and objectives; · Special projects implementation. PCI will work with staff to carry out issue objectives as identified by the commission. B. SPECIAL SERVICES: The CITY may from time to time request that CONTRACTOR perform special services related to specific projects that affect the operation of the CITY. For example, CONTRACTOR may be called upon to assist the CITY with a new project or represent the CITY or otherwise advance the CITY's interests in an area not designated herein. C. PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $30.000 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month representing 1/12 of the annual fee. The CITY shall compensate CONTRACTOR for Special Services at the rate of $45 per hour, plus costs. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes. D. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have Donna Brosemer, President of CONTRACTOR's firm, in the performance of CONTRACTOR's duties hereunder, and has relied on that representation as an inducement to entering into this Agreement. PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent to the other, and no . , ___o_~__ ._~____."....___,_~~_J_._~ ~_n_~,~___. _ ._____-<___~ _._ ____·.=_.~""._O~O;"__h~'_~'__,...,"'~,·_~_.'_,. assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by personal delivery, e-mail or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6010 CONTRACTOR: Donna Brosemer Politically Correct Inc. PO Box 32726 Palm Beach Gardens, FL 33420 561-775-1072 D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws. F. TERM OF AGREEMENT: The first term of this contract shall be from November 1, 2004, until October 31,2005, and can be renewed thereafter by addendum. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. 2 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk POUTICALL Y CORRECT INC. Witnesses: Donna Brosemer, President Addendum to Agreement for Professional Services Between the City of Boynton Beach and 3 -, ....__.._..- u_ ___~, .-. ____.._ ~>~___..~ 0__ r "..- - ~- -.'. --------...'-$--.- .- ----~..............................-.~~----~-........~-. - ~~- '- ----=,~~ Politically Correct Inc. Date In addition to scope of work identified in Part I Special Provisions, Paragraph A, General Services, the CONTRACTOR agrees to assist the CITY in the following specific projects and activities: Openinq of Boynton Inlet Actions: 1. Get key stakeholders to explore this opportunity. This would include Ocean Ridge, Hypoluxo, Manalapan, Palm Beach County, Florida Inland Navigation District, South Florida Water Management District, State of Florida and any others identified through the process, including private sector business interests, tourism and hospitality. 2. In cooperation with the City's state lobby firm, obtain legislative approval for FOOT Feasibility Study. 3. In cooperation with the City's federal lobby firm, develop strategy for Federal agency review and approval of feasibility. 4. Assist the City with public information and outreach for proposed inlet project. 5. Coordinate evaluation of economic and environmental impacts. Annexation Actions: 1. Meet with City and County Planning/Zoning staff to determine what areas can be annexed without creating enclaves. 2. Determine feasibility of residents agreeing to be annexed. Prepare pros and cons to being a City resident. Prepare cost to residents to be annexed. 3. Present findings to the City Commission for direction. 4. Inventory of current conditions, public safety, utility-related services, which will playa major influence. 5. Annexation issues involving statutory changes - interaction with the Palm Beach County legislative delegation as necessary. 6. Work with Palm Beach County on cooperative annexation and land use planning matters. Schools 1. Engage business associates (e.g. Chamber of Commerce), major employers and homeowners associations in community partnership program to provide improved educational opportunities and resources. 2. Work with city staff to engage the Educational Advisory Board to help develop: a. Mentoring Programs in the community involving citizen volunteers and City staff 4 b. Link after-school tutorial needs with programs. c. Support to School District on financial initiatives related to Boynton Beach schools. d. Communicate the "good news" about education in the City to counter-act negative publicity, which adversely impacts the City's image. e. Conduct "Principal Roundtable" meetings possibly engaging the City Commission in discussions. f. Conduct similar roundtable discussions with school SAC's g. Develop linkages with charter schools h. Develop linkages with allied City advisory boards on educational support issues and initiatives (Library Board, Advisory Board on Children and Youth and Community Relations Board.) The CONTRACTOR and the City Manager will jointly be responsible for providing a quarterly progress report to the City Commission. The CONTRACTOR agrees that the scope of services shall include representation of the CITY with Palm Beach County government agencies and offices. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk POLlTICALL Y CORRECT INC. Witnesses: Donna Brosemer, President Politically Correct Contract 5 ..~ ~->-~-~-- ---,~",",-,,_..~.....-,---~, .-.~-~ _.----^~--".'-- ~__,_z~..........___~....-....'"",....._....._," -. __ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July J 9,2004 0 October 5, 2004 (Noon) September 20,2004 o August J 7, 2004 (Noon) August 2, 2004 [8J October 19,2004 (Noon) October 4, 2004 " o September 7,2004 (Noon) August J6, 2004 0 November 3,2004 (Noon) October 18, ~ ';2-1 .~ ~-< (/) .< 0 o September 2 1,2004 (Noon) September 7, 2004 0 'iovember 16,2004 (Noon) November I, ~4 ~-r¡ 1'0-'0 CD .~ -< >~ :z: o Administrative 0 Development Plans -0 ,,) ~ :J: 0 NATURE OF [8J Consent Agenda 0 New Business 0::> ~ I AGENDA ITEM 0 Public Hearing 0 Legal 0:> ~ ~ o Bids 0 Unfinished Business a Pl §i o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: Recommend Commission approval of resolution releasing the development bond submitted September 2,2002, in the amount of $407,380.00 for the Boynton Marina Village Project. 0 .:=) (") -i - --< EXPLANATION: Please see the attached correspondence from The Related Group of Florida and the c::> =:¿ 0 corresponding confirmation from the City Attorney that the project is in compliance with the terms ofth[$ecø~d" Amended Mediation Agreement. I ¡>.,.,:s Oì ~;; -:;; :t> .-j -< :;¡: 'j 6 PROGRAM IMPACT: N/A~:;z: ex> --q -r¡CU FISCAL IMPACT: N/A ~ nÇ; rr1("") ::.t: AL TERNA TlVES: N/ . _ /Ry Manager' - fJ~>J Development "";,,/;í Department Name dty Attorney í Finance / Human Resources S:'.BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , I ] I 2 3 RESOLUTION NO. R04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, AUTHORIZING THE RELEASE OF THE 7 DEVELOPMENT BOND IN THE AMOUNT OF 8 $407,380.00 TO THE RELATED GROUP OF FLORIDA, 9 FOR THE PROJECT KNOWN AS BOYNTON MARINA 10 VILLAGE PROJECT; AND PROVIDING AN ]] EFFECTIVE DATE. ]2 13 \VHEREAS, the developer of this project had previously posted a bond in the ]4 amount of $407,380.00 to guarantee satisfactory completion of the pennitted work for the ]5 project known as the Boynton Marina Village Project; and ]6 \VHEREAS, the work has been completed according to the tem1S of the Second 17 Amended Meditation Agreement; and I ]8 WHEREAS, the City Commission, upon recommendation of staff, deems it ]9 appropriate to authorize a full release of the development bond in the amount of I 20 $407,380.00 to the developer. 21 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COlVIMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 24 hereby ratified and confinned by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, does 26 hereby approve the full release of the development bond in the amount of $407,380.00 to 27 the developer, The Related Group of Florida, for the project known as the Boynton 28 Marina Village Project. I 29 S:\CA \RESO\Lctters of Credit\Release of Marina Development Bond.doc -'-~''''''''-''''''--->.- ---,---~ ~ -~ - .,_. >-~-"",,--~-.~-.- . _,__. ._~~ "__'-~>-'«'~>~_~_~¿__'__~C' __ --~~__-"þ«_¿____~_""'''''--__·,_,_u~·" >- ¡ I i I i ¡ I 1 I I 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. I 4 PASSED AND ADOPTED this _ day of October, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 31 :\CA \RESO\Letters of Credit\Release of Marina Development Bood.doc Sep 27 04 09:15a p.2 The Related Group of Florida 2828 Coral Way, Penthouse Suite ~ Miami, Florida 33145 IE'rg rJ; II'; II W [~ fJ Tel. (305) 460-9900, Fax (305) 445-1834 I --=¡nl . I .~ .'~ I I 1rU~~ 1t-3. September 27th, 2004 LPEPARTfvlfNT OF DEVELOPd~rvT Attn Kaney Bryne Assistant Development Director City of Boynton Beach 100 East Boynton Beach Bou1evard P.O. Box 310 Boynton Beach" Florida 33425 Dear Nancy, We have submitted recently the recorded POA documents. As you are aware, as per the Development Agreement the release of our development bond in the amount of $407,380 was contingent on the recording of the POA documents and the start of construction. We have now completed both and would appreciate if you could help us obtaining back our bond. Please don't hesitate to contact the undersigned in case you have any questions. Sincerely, THE RELATED GROep OF FLORIDA ~ Carlos Rosso Assit. Vice President 7862291631 =~ðO ------.-..-,~-._- - ...~..._~ __~~-~_,....._._."_......._.,...,,......_.__.~_. co_',_.. ._.< .-- ._-~----- "_;¡¡:;'Ú""~_-3_'7~~~"-"-"",,,.-,.~':;';":E~J.rok.:.~;,;!:,_,_~!E~~.t!t'.~ . ···--.'~~~~>-~~.;.{.:i.-iAit.i.-~j~.:-;r;.~~..~,l",~Œir"~"'~ii;~:':;'~_:~:""",i..~~;';':";;ù:;;;'~~~~~~~_:;'·~.~~i;4g,~~:.¡~b-;;_~';,j,¡,,;,c¡"'.:i'.'¡";¡;"';;~~Á~¿""o~-":.i'~'.:¡.i~_:--· VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D August 3, 2004 (Noon.)Ju]y 19,2004 D October 5, 2004 (Noon) September 20,2004 D August] 7,2004 (Noon) August 2,2004 [Z] October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August ]6,2004 D November 3, 2004 (Noon) October 18,2004 D September 21,2004 (Noon) September 7,2004 D November ]6,2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF [Z] Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDA nON: Follow-up Action Items - Town Square Project - Authorization to proceed with professional services scope of work for a project review of the viability of refurbishing the Old High School vs. construction of a new Civic Center. Please see a proposal from O'Gorman .Budano for continued assistance on this project, as this firm is familiar with the Town Square Project having completed the first phase of the project. It is recommended that the City proceed with the scope of work outlined as Option A at a cost of$20,250. The City Attorney has reviewed and approved the proposed agreement as to form. EXPLANA nON: On August 16, 2004 the City Commission and the Community Redevelopment Agency met in combined session to discuss the Implementation Plan for the Boynton Beach Town Center Project as prepared by consultants Corey O'Gorman and Angela Budano. The purpose of the report was to evaluate project feasibility and formulate an implementable strategy for the establishment and coordination ofa revitalized Town Square area in the blocks bounded on the North by Boynton Beach Boulevard, on the East by NE/SE 151 Street, on the South by SE 2nd A venue and on the West by Seacrest Boulevard. The area is about 31 acres and includes the current City Hall, Children's Museum, Library, Civic Center, Art Center, Old High School and Madsen Center. Based on recommendations in the Implementation Plan and Commission/CRA discussion, the folJowing issues were identified as needing additional work and professional assistance with tþe City Manager as designated Project Director: (note: this is the entire project scope) · Finalize organizational framework to implement and coordinate the improvement program among stakeholders. · Coordinate the feasibility ofthe Savage Creatures Museum as an adjunct activity located on the waterfront. · Evaluate adequacy of infrastructure for Town Square uses. · Evaluate the quantity, location and timing of ofT-street parking to meet the Town Square uses. · Evaluate and ascertain design criteria for improvements and streetscape. · Coordinate land use and zoning issues, which may inhibit cohesive redevelopment ofthe Town Square. · IdentifY land acquisition issues and costs. ·0 IdentifY and coordinate governmental services to be provided and space necessary in the Town Square area. · Establish public participation and public information program associated with the Town Square area. · Work with the Children's Museum Board and CRA as a possible partners on the Old High School restoration. · Refine Cost estimates and financing models for implementation. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM On October 4, 2004, the City Commission met to discuss a proposal trom the Boynton Cultural Centre, Inc. (BCe) as a possible joint venture partner for the use of all or part of the Old High School building. Before authorizing a contract with the BCC, the City Commission elected to request staff review the viability of remodeling the Old High School versus building a state of the art Civic Center building that could accommodate the needs of the BCC, the City and other civic organizations. The attached proposal from O'Gorman eBudano is responsive to this interim task in that it would: I. IdentifY the stakeholders and their intended uses of either the Old High School or a new building. 2. Analyzes options related to the 2004 Town Square Implementation Plan related to the impact of refurbishing the Old High School vs. building a new building in the context of: a. Utility of the structure for intended uses. b. Construction of new vs. refurbishment cost. c. O&M Cost Estimates of refurbished vs. new construction. 3. Provides information to the BCC and the City so that informed decisions can be made on future programming and facility needs. Please note that the attached proposal contains two levels of service. Option A provides a more detailed and definitive level of cost data. The total cost for this option is $20,250. Option B provides similar data but the results are extrapolated trom historic data and buildings of similar size. The cost estimates contained in the 2003 Bender Report would be used as a base. This alternative is $20,250. Ifecommend that the Commission award the project on the basis of Option A to provide a more definitive analysis of costs. PROGRAM IMP ACT: The Town Square project has been identified as a City Commission strategic initiative. FISCAL IMPACT: Projected Cost FY: 2004-05 Feasibility Study -- $10,000 (Phase I Completed) Implementation Plan $60,000 Space Needs Analysis - City Functions Completed Plan Review and Development Analysis - City Staff - In Kind Building Condition Survey - City Staff - In Kind (see Economic Dev) The approved 2004-05 Budget appropriated $260,000 for Strategic Plan Implementation Work. The estimated cost of this portion of the program is a range from $18,250 to $20,250 depending on the work option selected. AL TERNA ~VES' Da nat pmoeod with thi, Cammi"ian initiative at !hi;e. ..J~ ~ Ðepartment Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORJ.1.DOC Al_,!!.=.t.(-'-õfâ:".~~-;~~~--~~,._t.""~¡""";""~.l'nn--' ~ ..-._~- ~'''''''''''~d->i->&:",-·---. --¡\¡¡!;,'¡';o-~~~,¡¡~~t;t';;j¡¡'=~'..i.ij:~--;i;;.:'¡¡¡¡";";:;':,¡:;:o-~"¡¡'~'~-"ii""f!L~~fl,·---t':'-~.!J:¡.~:<:......~lJt'~~='-"~~-;¡¡~~t'¡;''''1'-''~·;--i--',.~~;~~D~ 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 THE CITY MANAGER TO EXECUTE AN AGREEMENT 7 FOR PROFESSIONAL SERVICES BETWEEN CITY OF 8 BOYNTON BEACH AND COREY W. O'GORMAN AND 9 ANGELA F. BUDANO, PROVIDING PROFESSIONAL 10 CONSUL TING SERVICES FOR THE CITY'S TOWN 11 SQUARE PROJECT; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the citizens and residents of 17 the City of Boynton Beach, to enter into an agreement with Corey W. O'Gonnan and Angela 18 F. Budano to provide professional consulting services for the City's Town Square Project, 19 and to authorize the City Manager to execute said Agreement; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section I. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confinned by the City Commission. 25 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 0 27 hereby authorizes the City Manager to execute an agreement between the City of Boynton 28 Beach and Corey W. O'Gonnan and Angela F. Budano, to provide professional consulting 29 services for the City's Town Square Project in an amount not to exceed $20,250.00. 30 31 Section 3. The fonn of the Agreement shall be approved by the City Attorney. 0 32 33 Section 4. This Resolution shall become effective immediately upon passage. 34 35 C:IDocuments and Settingslbressnerk.CITYllocal SettingslTemporary Internet FileslOlK310'Gorman and Budano Agreement.doc 1 2 PASSED AND ADOPTED this _ day of October, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Mayor Pro Tern 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 24 City Clerk 25 26 (Corporate Seal) C:IOocuments and SettingslbressnerkCITYlLocal SettingslTemporary Internet FileslOLK310'Gorman and Budano Agreement.doc ~~1:o'l<,;<,~,&~~,;;x~,... ~ ----.-.-~ ~'''~--'<oAiiIì¿.''J; -~"-;·>""""""-"-'-"'·'~'~c...'~;;f:"~;;::¡;;'::oJj)'¡;L~~d-_~~"'-=<--~-~~.2';~-~~~~~"!:bi>,~'_"'-"'.>c<_$.-âill--~___--_;W¡;.~~~~~t::ii~;;;¿:~~~ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into the _ day of ,2004, by and between the City of Boynton Beach, Florida (City), and Corey W. 0' Gorman and Angela F. Budano (Consultant) for the provision of consulting services to the City's Town Square Civic Center Project (Project). The City hereby engages Consultant to conduct an analysis comparing two alternative site and building design scenarios possibly to include 1) construction of a new large civic center facility combining a mix of several existing Town Square uses with 2) adaptive reuse of the existing Old High School, modification to other existing buildings, and construction of a new smaller civic center facility. This analysis is intended to provide the City with adequate information to decide which alternative to select. These services, more particularly described in the Scope of Services attached hereto as Exhibit "A", shall be considered an interim step toward formulation of the schematic master development plan for the Project as discussed in recommendation #2 of the Implementation Plan prepared by Consultant dated August 2004. The parties agree to perform as follows: General Conditions 1. Cooperation by City. City agrees that Consultant shall have ready access to City's staff and resources as necessary to perform the Services. All reports, studies and evaluates of the Old High 0 School building and any related City-owned materials necessary for the completion of this scope of services shall be provided by the City at no cost to the Consultant. It is important to secure any certified or approved engineering reports of the Old High School such as structural or MEP [Mechanical Electrical and Plumbing] in order to make safe assumptions and accurate cost calculations. 2. Rate of Payment for Services. City agrees to pay Consultant for the Services in accordance with the schedule set forth in Exhibit "B". 3. Billing. City shall pay the amounts agreed to herein upon receipt of invoices, which shall be sent by Consultant monthly or upon such other basis as City and Consultant agree. City shall pay Consultant a late payment fee of one and one-half percent (1 Y:z %) per month on any invoice balance that remains outstanding for fifteen (15) days or more from the date of the invoice. Payment to Consultant is not dependent upon payment to City by any other person or party. City shall be responsible for all out of pocket costs associated with the Services provided by Consultant, i.e. travel, long-distance calls, postage, reproduction costs. Consultant shall not be obligated to incur any expenses on behalf of City without a cost deposit. The amount due to Consultant shall be deemed earned upon completion ofthe Services, regardless of whether City uses Consultant's work product. 1 4. Confidential Information. Consultant hereby acknowledges that during the performance of this Agreement, the Consultant may learn or receive confidential City information and therefore Consultant hereby confirms that all such information relating to the City's business will be kept confidential by the Consultant, except to the extent that such information is required to be divulged to the Consultant's clerical or support staff or associates in order to enable Consultant to perform Consultant's contract obligation. Notwithstanding the foregoing, Consultant in coordination with the City shall maintain its records as public records and shall respond to all public records requests in a timely fashion. 5. Independent Contractor. Consultant is an independent contractor and neither Consultant nor Consultant's staff is or shall be deemed to be employed by City. City is hereby contracting with Consultant for the performance of the Services and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. Consultant is not required to perform the Services during a fixed hourly or daily time and if the services are performed at the City's premises, then Consultants time spent at the premises is to be at the discretion of the Consultant; subject to the City's normal business hours and security requirements. Consultant hereby confirms to City that City will not be required to furnish or provide any training to Consultant to enable Consultant to perform the Services. The Services shall be performed by Consultant or Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant who performs the Services under this agreement. Consultant shall not be required to devote Consultant's full time nor the full time of Consultant's staff to the performance of the Services, and it is acknowledged that Consultant has other clients and Consultant offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Consultant. Except to the extent that the Consultant's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Consultant. 6. Term and Termination. The term of this Agreement shall continue until terminated by either party upon thirty (30) days wTitten notice to the other party. Upon termination by either party, City agrees to pay Consultant for work completed to date pursuant to the Rate of Payment Schedule provided herein. 7. Insurance. Consultant shall provide insurance as outlined in the Insurance Advisory Form provided by the City's Risk Management Department, a copy of which is attached hereto as Exhibit "C" . 8. Use of Work Product. All work product prepared by the Consultant shall become the property of the City. Consultant may use the work product for other projects with written disclosure to the City. 9. City Representative. Kurt Bressner, City Manager, shall represent the City during the performance of this contract with respect to the Services and each has authority to execute written modifications or additions to this Agreement. 2 :';:"(~fij¡;-~£'d'<.i!w.!.--- -~- . ~~"'-~~iV"''"'''Þ "",\'~~¡"¡¡ -·-'-~"'~.,;I.~-$."""·~~~~--·-_-<-Mir.c'-"'"~:!~i~~~---~~'f~"¡'¡:'¡¡;;ií¡¡,;<;à¡t,'W~·'-·~':'¡~1~"'-·""·~·~<ì"~'~~_¡¡¡;;~~~~4J1:~'·-"-,c:-,;;"~~~1L~-:~~;;,~;,;,,,--i.'-~,· 10. Disputes. Any disputes that arise between the parties with respect to the performance of this contract which cannot be resolved through negotiation shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. Each party shall bear its own costs and attorney fees. II. Limited Warranty. Consultant warrants to City that the material, analysis, data, programs and Services to be delivered or rendered hereunder, will be of the kind and quality designated in the Agreement and will be performed by qualified personnel. Special requirements for format or standards to be followed shall be attached as an additional Exhibit and executed by both City and Consultant. CONSULTANT MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF FITNESS FOR PURPOSE OR MERCHANT ABILITY. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, EITHER IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO CONSUL T ANT IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY CONSULTANT. 12. Complete Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Consultant by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. In the event of a conflict in the 0 provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of this Agreement shall govern. City acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. 13. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 14. Scope of Agreement. If any provision of this Agreement should be determined by a court of 0 competent jurisdiction to be in conflict with any existing or subsequently enacted legislative or judicial decision, all other provisions of this Agreement shall remain in full force and effect with it being presumed to be he intent of the parties that the invalid language is stricken. 15. Additional Work. After receipt of a written order that adds to the Services, Consultant may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. City agrees to pay Consultant for such action and expenditure as set forth in this Agreement for payments related to Services. 16. Notices. Notices to City should be sent to: Kurt Bressner, City Manager, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0310. Notices to Consultant should be sent to: Corey W. O'Gorman, 409 Gulf Road, North Palm Beach, Florida 33408. 0 3 17. Assignment. This Agreement may not be assigned by either party without the prior \\Titten consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties hereto. 18. Notice to Proceed. Notice to Proceed shall be considered issued when Consultant receives this Agreement signed by the City along with receipt of a retainer in the amount of $1,500. This retainer amount shall be attributed to the final payment of Task 5. 19. Terms and Conditions. ü'Gorman . Budano as a Consultant, shall perform such services as outlined above for the City according to the terms and conditions set forth herein. IN WITNESS \VHEREOF, the parties hereto have executed or caused the execution of this Agreement. As to City: Kurt Bressner Date As to Consultant: Corey W. ü'Gorman Date Angela F. Budano Date 4 ~t~i""-"~~~"'~d~",,-:!,¡.~~""'--k·"'-'----<;"~~:."'~-.o;;!!·~~"""~ti!:-'--~~~"'-'~~:&J.ii~.é~J.:.l~~¡~~.iJikt~~~Ls.~"--";"~·-a"~~_~~~~~~}_~~~~~~::.,<j.~~~_";~~":";-~.~""> . Exhibit" A" SCOPE OF SERVICES Task 1 Data Collection and Discoverv The City shall provide pertinent data to the Consultant in preparation for fonnulating and comparing two alternative site and building design scenarios. Consultant shall collect and review pertinent data. That data shall include, but not necessarily be limited to the following: 1.1 Reports, studies and evaluations of the Old High School building. This may include, but not limited to architectural analyses, engineering reports on the building systems, structural engineering reports, environmental reports (e.g., asbestos, lead based paint, mold, etc.), evaluations of costs to renovate and programming analyses. 1.2 Consultant shall meet with the T o\vn Square Council to identify up to three site design scenarios for the Project. 1.3 Consultant shall fonnulate a use program evaluation sheet and distribute copies of that sheet to Town Square Council members for their reply in an effort to identify specific use areas for the Project and corresponding space needs. Task 2 Fonnulation of Design Scenarios 2.1 Utilizing the infonnation collected in Task 1, Consultant shall prepare up to three alternative site design scenarios. These scenarios shall be conceptual in nature and shall depict generalized building locations, general alternatives for the provision of parking, vehicular use areas, pedestrian connections and open space areas. Consultant shall also provide a generalized site summary including estimates of total parking provided and acreages of open space. 2.2 Consultant shall review the alternative site design scenarios in a meeting with the Town Square Councilor other group as detennined by the City. The purpose ofthis review is for the Consultant to obtain input so that two more refined alternative site design scenarios can be fonnulated along with accompanying conceptual program building drawings. Task 3 Design Scenario Refinement 3.1 Utilizing the input obtained during Task 2, Consultant shall prepare two refined alternative site design scenarios. These scenarios shall be conceptual in nature and shall depict generalized building locations, general alternatives for the provision of parking, vehicular use areas, pedestrian connections and open space areas. Consultant shall also provide a generalized site summary including estimates oftotal parking provided and acreages of open space. 5 3.2 Consultant shall prepare program drawings of existing and proposed buildings that are subject to this analysis. These program drawings shall be conceptual in nature and shalJ depict generalized use areas and spaces corresponding to the information obtained from the City on the use program evaluation sheets. These drawings will for use programming only and not of a schematic architectural nature. 3.3 Consultant shall prepare a written description of two alternative site design scenarios and their accompanying use program drawings to identify general assumptions such as necessary site acquisition, demolition, utility extensions, etc. Task 4 Analysis 4.1 Consultant shall prepare conceptual development budgets for each ofthe two refined alternative site design scenarios and their accompanying use program drawings that is inclusive of the following: Option A · A preliminary construction budget for refurbishment and renovation of the Old Boynton Beach High School and construction of a new civic building. This estimate of cost will involve field measurements of the High School building and review of record plans in order to arrive at actual quantitative valuation of all significant trades. It will also include researching historical data and applying it to the size and level of complexity prescribed by the refined use program. · Provide a preliminary construction budget for constructing a larger multi-use civic building. The deliverable will be in the form of a trade-by-trade break dO\\ln from similar facilities in this area while matching size and complexity of the conceptual program. A wTitten narrative outlining assumptions made in developing the aforementioned budget figures will also be provided. This excludes third party budgetary analysis of the operating and maintenance costs. Option B · Provide a preliminary construction budget for Scenario One. Refurbishment and renovation of the Old Boynton Beach High School with a level of detail similar to that which is outlined in the Bender report updated to current dollars. Constructing a conceptualized, auxiliary civic building by researching historical data and other empirical data, applying it to the building size as prescribed. · Provide a preliminary construction budget for Scenario Two. Constructing a larger full service civic building by researching historical data and other empirical data, applying it to the building size you prescribe. Provide a written narrative outlining assumptions made in developing the aforementioned budget figures. 6 ;~j¡!U:;i.~::"~~'~--_''''''''-ìi!r-'''-~Mito.~.......;",=7.'''-.-,,¡;,;;,_;¡¡a;;..iIi.----____'''''.....ø......,........ ...- -'1U , --~-;.'<..--....w.of....---'-;.....~-""~~;;.i.;¡¡i~~~_~-~.J.'-_"'-~ -Ti~......-=...~~¡-~---..ä~,.f- ,-,.~~. ';';""1.~"~r-::.·~"'-~~-,,--<:......;;,t.it'--':{-~~'iÙI;-..¡j?~~M;;;' ~t~'i,~~~~~~~~~i_ , 4.2 Consultant shall provide the two refined alternative site design scenarios, their accompanying use program drawings and written description to the City facilities management office. The City facility management office shall provide Consultant with estimates of costs associated with annual operation and maintenance of each alternative. 4.3 Consultant shall prepare a report, which will include copies of the two alternative site design scenarios, their accompanying program drawings, written descriptions, conceptual budgets, and estimates of annual operation and maintenance costs. Consultant shall provide City with up to 10 copies of the report. Task 5 Presentation 5.1 The Consultant shall present the two alternative site design scenarios, their accompanying use program drawings, written descriptions, conceptual budgets, and estimates of annual operation and maintenance costs to the City in one meeting, the format of which shall be determined by the City. This scope of services includes only those tasks described herein and specifically does not include any architectural or engineering design, or any architectural, engineering or environmental evaluation of the Old High School or other existing buildings. Consultants will provide 10 hard copies and a digital copy of the report. 7 Exhibit "B" COMPENSATION Option A: The City agrees to compensate the Consultant for the services described herein for a lump sum of $20,250 and agrees to pay consultant the following fees upon completion of each task as follows: Task 1 - $ 3,000 Task 2 - $ 3,500 Task 3 - $ 2,500 Task 4 - $ 9,500 Task5-$ 1,750 Option B: The total fees could be reduced to $18,250 if the cost estimating scope is limited to the following: The City agrees to compensate the Consultant for the services described herein for a lump sum of $18,250 and agrees to pay consultant the following fees upon completion of each task as follows: Task 1 - $ 3,000 Task 2 - $ 3,500 Task 3 - $ 2,500 Task 4 - $ 7,500 Task5-$ 1,750 Reimbursable Expenses. Reimbursable expenses are in addition to the compensation authorized above, and include actual expenses incurred directly in connection with the Project, including shipping, mailings, overnight delivery, travel out of the area, and reproduction of materials. 8 ~"'~ ~-""~~~,-- ~--, - "¢'-P""-lln ----.-.. ~ '·~&_~="·"··T~'-""~-·" > .-;,.----,-6k:~-;~.r"i".,_..;;::*~,'-L;_~,~'~".1;~~¿;d.'1:_ii:"~~~~~-"";;:~~~--~~-~i~--&......:..;¡..;;<;.,j"--,,;;"}:,,--:,';-,i.1:i~..c.,..~ Vr.-CONSENT AGENDA ITEM E.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon,) July 19,2004 o October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 ~ October 19,2004 (Noon) October 4, 2004 0 September 7,2004 (Noon) August 16, 2004 o November 3,2004 (Noon) October 18,2004 o September 2 I , 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATlJRE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board on October 12,2004, recommended that the subject request be approved on a vote of 5 to 1. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-225. EXPLANATION: PROJECT: Gateway Shell (ZNCV 03-010 to 03-012) AGENT: BeriI Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief ftom the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(I) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classifIcation to allow a 97-foot variance, resulting in a distance of23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet ftom the intersection of Federal Highway and Las PaImas Avenue for an existing gas station business; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a IO-foot variance, resulting in a distance of 20 feet for an existing gas station business; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (I) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. 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Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP 11 Planner DATE: October 6, 2004 PROJECT NAME/NO: Gateway Shell Variances (fka Gateway Texaco) Driveway variances ZNCV 03-010, 03-011 and 03-012 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow a 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises, Incorporated Applicant! Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 North Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a ~"~ - --n -~. ~" ~~~'·--~.--.I'·n[lIÞ'~~o~:--.-i..Jf" "'--~c!Øt....~}~_..~~'i~_~~d~:t·~~~j¡;~~,J;::iX";.,;¡¡:.f~~~~1r.¿4=¡;,;;,....J;~ Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012 Memorandum No PZ-04-225 Page 2 maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: Multi-family residential property, zoned Community Commercial (C-3); South : Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single- family residential, (R-1-AA); and West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use I major site plan modification approval involving a series of variance requests in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades of the existing building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and licensed gas station but does meet the locatiònal criteria for gas stations as outlined by Chapter 2, Section 1l.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also '1roposed direct access between the subject lot and the lot directly to the east (which was previously earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the Staff Report Driveway variances ZNCV 03-010,03-011 and 03-012 Memorandum No PZ-04-225 Page 3 east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross- access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal but with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a requestfor conditional use / major site plan modification approval and its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the buidling addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use / major site plan modification and the accompanying variances. However, on November 18,2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and accompanying variances (see Exhibit "B" - Site Plan and Survey). If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. As part of the major site plan modification process, the site has to meet all the requirements of the Land Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above- referenced Land Development Regulations, which requires that parking lot driveways be constructed at least one hundred twenty (120) feet from streets of higher classifications. The existing gas station business includes two (2), existing driveway entrances measuring 30 feet wide providing ingress and egress along North Federal Highway and one (1) existing driveway entrance measuring 30 feet wide along Las Palmas Avenue. The southernmost entrance driveway on North Federal Highway is located approximately 23 feet from Las Palmas Avenue, while the second driveway is located 103 feet from Las Palmas and 20 feet from the interior property line (north property line). The existing driveway is located on a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection and interior property line is required. As indicated on the site plan associated with the proposed addition, the applicant is proposing to construct a 681 square foot addition located at the rear (east side) of the existing gas station building along the east property line. The subject parcel is approximately 0.48 acres in size with approximately 153 feet of frontage along North Federal Highway, and 136 feet of frontage along Las Palmas Avenue (see Exhibit "B" - Survey). The special lot conditions that exist are the short frontage distance along the North Federal Highway right-of- way and, that the driveways are existing and necessary for fueling tanker circulation. Therefore, it is not ~........~._~"....-,~~.~ _..~..~~---_. -.- -- ,-""mr~~~~'¡¡':~}¥<i~ "~·__J--____'-"'-"__·:'"·__:b"'t~~~-,.-,ø~.r·_ñ,~c;.__~"~~~_~_V~~'~'''¡¡';''~~-~---''--¡'¡';;¡li:~~~--;;''~'- -,.~~...£~~~~ Staff Report Driveway variances ZNCV 03-010. 03-011 and 03-012 Memorandum No PZ-04-225 Page 4 feasbile to limit the site to one driveway access point on North Federal Highway at the minimum driveway separation of 120 feet and simultaneously meet minimum site circulation needs of the existing business. If such redesign could meet this standard and operational needs, it is likely that other deficiencies, and the need for other variances would be generated. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure/ or building involved 2nd which are not applicable to other land~ structures or buildings in the same zoning district b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands/ buildings/ or structures in the same zoning district d. That literal interpretation of the provisions of this 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building/ or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this review with the assumption that, based on the city's prior approval of the administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is aware of the potential of certain hardships and non-conformities associated with the site. Staff also reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "C" - Marouf Shell Variances, as well as existing site restrictions, and proposed design requirements. Staff has determined that site constraints at this location are a partial justification for granting this variance. In order to satisfy the Land Development Regulations, the driveways along North Federal Highway would have to be placed 120 feet from the intersection of Las Palmas Avenue. This scenario would not leave the additional linear footage necessary to provide the 30-foot minimum driveway width and the 30- foot minimum distance from the interior property line, as required by code. Further complying with code would result in the elimination of both existing driveways on North Federal Highway. This would create inefficient internal and external vehicular traffic circulation and undue hardship, which could force the closing of the business. Also, the driveways on Federal Highway minimize the traffic impact of this existing business onto Las Palmas Avenue. If there was only one project entrance (the Las Palmas Avenue entrance), traffic exiting from the site including refueling trucks would have insufficient stacking length at the adjacent traffic signal/intersection. This situation would not comply with on-site circulation standards and would congest the secondary roadway and adjacent residential neighborhood. Leaving the existing driveways on North Federal Highway lessens this potential traffic problem. It should be noted that granting a variance for the southernmost driveway distance would also cover the distance variance requested for the northern driveway. Staff Report Driveway variances ZNCV 03-010, 03-011 and 03-012 Memorandum No PZ-04-225 Page 5 In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is included within Exhibit "C" Statement of Special Conditions justifying the requested variance. In summary, granting this variance may be supported for the following reasons: a. A special condition exists which is peculiar to the subject property; b. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly zoned; c. The variance requested represents the minimum variance needed to utilize the property for access (the existing driveways are located along the western extent of the property); and d. That the granting of the variance would be in harmony with the general intent of the regulation to promote safe and adequate traffic circulation. RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variances be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/elj S:\Planning\SHAREDlWPIPROJECTS\Gateway Shell fka TexacoINew ShellWariances (revised 2004)\03-010 to 03-012 DrivewaylStaff Report ZNCV 03-010 to 03-012 Driveway Variances.doc Ir'~--'- ^ ^ ,- ^^".,~-^ ^^ «^ ~..... __ _""""'-!t."" '~'-~"'1iJ~~Æ""'~-~"-' ~.""'-,,",.-~ _-~.tr,,>-~;,...,¡~" " _." . ",.;.;,.;"" .__~_~__~W ~^ .. LocationMap I EXHIBIT" A': . I' . Gateway Shell I £ .~ I ~ , If' 0 æ ~ . .." Cf> J è I , . - SITE : - ...... I " PU~ . , l;~ )"1 1 ~ J ~ 1 ~ II J I I I - / \ ~ - ~ I .\ I ~-:I J .J-. ] IPUD I . R3 .. ~ ~Q(ì ~ REC· l; .:;~ . ~ - I . .. .... ~~~@~ ~I - - ... ;~ ,f I """"'-. l._ ~ .._ . .. ..... t . 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III .... .' . . . - \1 1·111 :I I , I 1'!~II!~ ~; II i i I , n II P" II I~'I I ·iI ì:t¡'i .! .:¡!.r - II' J ~ .'. ~~~. .,. ~ . It '. I~~' . . ~ .. .a . a<'. ==:> . I I~ .[.~..: '0;(, . ¡.,. ~. ?'i' NORTHBOUND I ~ - r__ c:::z::> t .. ..!Ii·" u. s. ~~ HIGHWA't I ¡I~ N o. 1 ~~ . , ~~<·~t 'Z' . - J "i Z -0 I~ » .. I 5 , ~ E' Id ! i ~f d ío ~ I : J ! j - I ~ '" . Ii -_ -0 £ I ~ . ~. . » . .' jø I;,' ~I I ~ : '1 ß!æ I ~ ~,~ ¡, I I '1 ì ii ¡ 11 I I~I I ~---- I : ¡¡5i~li ~ I I - I I I 14ClÞO"~ ill i ~ - - 'i! i ï i i ""''1'11 ""ill ¡'jI f1III II 1111111"''If II II!;'I!III'I:IIII Iii ¡'iI i'~11 il~llj II '. II, Iii I 1"1 I ¡1I~1!!ldl!ijillillllpHd I' I!I~I¡II i~ ¡: ¡Ii! ¡ .. r I . ' Ijlltl ,~illlll!lIill ill ~ " IIi' II! ! I ' II 1 . Ili¡li,llliil¡¡ II II ; '~llb I I jl nil;! II: j!b!¡rÙ!lilJi U I' I ,'II! 'II i ~ I I IIIIIII-II;!,!' .& I -.. . It I Ii ¡ ii. "iU;; IU ¡llll!lCi!I!, J II . ,II, II Ii,' mil"" '" líl=lil'!liq¡Ø d 'I !I a \I Uì i ~ IÞ~.CI I" i~ ~ IC Ð I ;IC PROPOSEDADDITIOH fWDAL'-11ON TO: Iii - I'l; GATEWAY SHELL ~ . ~ ~Y"""MCM'fa1IIIII.Y~ ... ~'IM. IÞL IJ Ji ~ .!!. 2380 NORTH FEDERAL HIGHWAY ææ BOYNTON BEACH. FLOI'UDA »435 . :.-=~..r":~"-- - EXHIBIT "B" ~ Ii\. i Ii III II I I II '! II! II i ¡ il [jj}" II~PIII Ii I ~ I'> f I I I ~ - ~ ~ e '" @2) -0'" X df' :ox ëii ~~ - ij I ¡ it i IJ --< z @ <IIZ '" "'''' ~ o~ '" = ""'" '" = c", Ill! ¡! I· --< 51.... ", --<", I ! ~ , Ii) ~ -'" ~ , ¡' . 11 r í z!:( , r r ~ " -< '" !¡¡¡¡ 11 ~ ", r ~~> ;¡ ~ '" /T1~ ! ~ ~oo Õ --<z :z -g~ @) '" . Ii II II i ji ~~ II ~ ~..~ ~ IIII II Iii !!ij! ~g E¡ ,¡ J II i II I ~fi i ~i i ~i§ w~ ~ ~I~ 2 ~~~ ~~~ ilil Ii II! -Iii II~I I~ ~I~ ~fii I~i I II iil IIi ¡ Ii Ib II II I~ ~I . .. I . I ¡:~ì:1'šæ PROPOSED I\DDI11ON AND AL TERAT10N TCk n......' II I ,. -- I Ji is! ,,¡ GATEWAY SHELL ~ _~_'L ...-- § I ~ § -- .. ~i.iiS CFOfIIMØILYICNOWN A8 QA1"I!INAYTEXACO) ---- . I- - 2360 NORTH FEDERAl. HIGHWAY --- 2 II .. BOYNTON BEACH. FLORIDA 33435 - ::"';:f~.:;.n.:~-..:=. =:..~- .1UI8\=== ~ ~_..- 'r-- .. ~ .- -·-·«-'~1&-'''''-C~'i.> --'~\:iI.~;:'_k-·~' ~--,,~fl,'_.- .T'....__.-, ~. .< - "0_,.' .~.- -~--'._~ '----:i.4..;.;~¿;.'''~ )_"~-~~-iì:~~ n I I I ~ & f ~i; 11~~n I ¡ ~ , j~i idJ t . I . !i ~ ~ I ~I~ J~~ f I . I i IIgl t I ~~ II I~ IU ;n h ~ II! Iii I ~ II ~I II IiI " & I ¡ I; ii I il~ ~I ib ~ U I Ilql I~ I~ , I I ;¡ Ii &i .., i Ii , XI ~ ~§~I ~~~ I II i~ S! hi I.- ~ " ill S > Sf¡¡ I S I !~ ~ II! Ii Ii rIa ~. II + ~ ii1sl~ ii Is ; g n >" IIi! I; I I j , Ili!.I~ I I ¡Ii I I ~~ , 'i ~ n · J ..,'" ~ E I I I :ox o- Il ~ ..,'" o::! I I "'¡¡!i t >~ 0'" H ... I I 3~ o~ -I ...'" b I >r- r-'" ~ 1 ...~ I~ I "'... ~~ II I õ:e " _2:- ~ : I n ~ !! i ", 0- I ~ . ~ .., i ~ . :0 .~ I 0 .., 0 '" '" -" I '" > - II f 8 i¡ii¡iilp =< n Õ r ! ~ ~ , D ." Ii" i illl ; i D t; I ¡ibl PROPOSED ADDIt10H ÞHJ AlTERATION TO: u..."'. .. -- ... .. I." - · GATEWAY SHELL III ......DK."L .. ¡ ~ Š i· -c.,o.c. -y_....._~ 2380 NORTH FEDERAL HIGHWAY .- - . - . BOYNTON BEACH. FLORIDA 33435 :.-=~......~~-=::==. EXHIBIT "B" ~ ~ --=======-~ 1 I~ . U1H rl ~ - 511n Ii il II NOR T H B 0 UNO = !¡iil M U. S. H I G H WAy N o. t~ I ill - -:--- 1;111 ih I¡;I~ 5"' - _ _',,"~ ;li~lld r » (J) -0 » r ;;:::: If » (J) J » < ,.., :z c ,.., - iih~1ì II) ~ m ~ ~~ v ::J Co Ii ~ * ~ 0 * g¡ ~'" ã I : (Ifi ;f. a ;!!'G ~ ~ . i.g> i~_ _. "' 8 If tf) œ I .... ~ linii f ¡. 8 1III II ,f ~ £~ 1: m J- ~ "I f'f ~ !!: õi- . .. .. g ~ ¡: ¡:n ¡: ...... - "I ~luE)IIPm~~n ADDmON AND AI.. lERA liONS TO: 11111118'11-111 II , SIIs(.(.. ---~ - 2360 NORTH FEDERAl.. IfIOHWA Y BOYTON BEACtf. FLORIDA 33435 Landscape Plan "'==. -~~,. ~ "-'-~~- -- - .,-, FI1B1T~""----_._-'"~'~~'""'" . r: X I II. - '. EXHIBIT "C" MAROUF SHELL VARIANCES 5/26/04 Chapter 2, Sec. II Supplemental Reç.¡ulations L.3.d.(1), (3), (4), Driveways .. (1) No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (30) feet from any interior property line. (4) Driveways will be limited to one per street frontage. (1) Request a variance from this section of the code as the site has only 140 lF of frontage along N. Federal Highway and 123 lF of frontage on las Palmas. Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is onlý being upgraded for looks, the driveways must stay in their current locations because the traffic patterns have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L. 3. e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L.3.e.(aJ. No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (bJ. No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The required front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. -'; . . MAROUF SHELL V ARIANC EXHIBIT "C" Page 2 L. 3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The landscape buffer we are proposing along the south street frontage (las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~ t~1f 7.Ç~cfi< ¡JtdC/~~ Boyæ n BfUCK¿f rdinances ð ~ ;1f h Part III land Development Regulations / ~ '/. f. SIGNS Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines ~ . P. ,,-'~~'''~',,,,-,,__~ ~"~'_'Û__~'--- -. .' ___. ~.'d "","'~"'" . - - a;I/~"-_" -". '"-----""-"'""'''''''~..-c-''"-~~'''·...,~Ih;;..........--''-''·<_~~~~;;O';'O;¡¡¡¡';._:;é.._.~.;¡jA'__-...~_ . EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (f.k.a. Gateway Texaco) File number: ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHAREDiWP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-010 to 03-012 Driveway\COA 03-010 to 03- 012.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc -- >_..... -- ·~_...w·· - -. .~..._- -..-..-.- ........~-~, --~""'...--.:....?.....'"~'::;¡,~;..,;,~~~...,-.....,...;$jj¡¡¡¡.¡-~,.¡~;-.i<.'''''_:.-..-~.-_~~<>i'"...:iIii':ß!:.-_;:;.;;t:j;.;,;"...O;:<_:.--_'"'0 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANTS AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants APPLICANTS ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Variances ZNCV 03-010, ZNCV 03-011, and ZNCV 03-012 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97 -foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (2) per street frontage to allow two (2) driveways along the street frontage for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\Planning\SHAREDlWP\PROJECTS\Gateway Shell fka Texaco\New SheH\Variances (revised 2004)\03-010 to 03-012 Driveway\DO 03- 010 to 03-012.doc 'î'.... --- -- --- - ....--..- -'''''1''" R~ <- ......_~h._ .._---<;j.~-.¡""~"'~-."-'---<L--. - ~..-;"'--r.-...,."<-~=i~~><!n;..¿~·-":ri~-~j¡,¡¡;-""'c'~-_1i'i,-ii~~~.;.".i;~1!i9;;.;õ-~;;;,¡''''_>. VI.-CONSENT AGENDA ITEM E.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's OtTIce Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 o October 4, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 ~ October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Connnission Agenda under Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, on a vote of3 to 3, recommended denial of the subject request. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-226. EXPLANATION: PROJECT: Gateway Shell (ZNCV 03-013) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relieffTom the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(3) requiring a twenty (20) foot rear setback to allow a lO-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. 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Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP rr Planner DATE: October 6,2004 PROJECT NAME/NO: Gateway Shell Variances (fka Gateway Texaco) Building setback variance ZNCV 03-013 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises, Incorporated Applicant! Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal- ADAP 02- 001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: Multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD) ; East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-l-AA); and West: Rights-of-way of u.s. 1 and the Florida East Coast Railroad, and farther west developed Staff Report Memorandum No PZ-04-226 Page 2 commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use / major site plan modification approval involving a series of variance requests in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades of the existing building building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was previously earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal but with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, "TC-~~'" T -- '-- - -~k..."-oa~.~-~'¡¡;'·} ~. ~ ""- - -'~-,þ~~~"---{c"---_--~.,,,,,,,>,,,,--~,,.,--~~~~~~~"'~~"!.Ò;;;=.a"1i.~'ot...~'A"':_.\!:j¡~_-,:~",-",-",,:>_ , Staff Report Memorandum No PZ-04-226 Page 3 limited the bUidling addition to 600 square feet. On October 21, 2003, the Oty Commission approved their request for conditional use I major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting property (to the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. As part of the major site plan modification process, the site has to meet all the requirments of the Land Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above- referenced Land Development Regulations, which requires a twenty (20) foot rear setback for builidngs in the the C - 3 zoning district. However, the proposed addition would encroach into the setback by 10 feet. Therefore, a variance of 10 feet would be required for the proposed building addition. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 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. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district d That literal interpretation of the provisions of this 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C" - Marouf Shell Variances, which requires the request be initiated because of special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires to build along the rear of the original building leaving all mechanical equipment in their existing location, which forces the encroachment into the rear seatback. The stepping back of the addition from the rear of the existing structure to accommodate the mechanical equipment has generated the circumstances. The subject property has been improved with a gas station business, and occupied since 1965. The fact that the applicant has the ability to construct at the appropriate setback line dearly demonstrates that, criteria items "a" and "c" are not met. Further, since the necessity for the variance has been caused by the proposed addition, condition "b" above is also not satisfied. Staff Report Memorandum No PZ-04-226 Page 4 The overall objective of the Land Development Regulations is to ensure the safety and welfare of the public by providing regulations and standards in which to achieve consistent equitable developments. The proposed addition would be setback approximately ten (10) feet from the rear property line, half of the distance required by code. Furthermore, notwithstanding interior layout and design objectives, there currently exists nearly 34 feet of depth to the rear property line when measured from the deepest dimension from the existing rear façade. The expansion could be as deep as 14 feet, and extend over 50 feet in length without encroaching into the rear setback, if the mechanical equipment was relocated. To further support the potential for the expansion to be designed to comply with setbacks, is the existing requirement that it (the proposed addition) be reduced in size in order to comply with the City Commission's condition of approval from the administrative appeal. The granting of this variance would be an acknowledgement that there exists no alternative in either the structure size or location. CONCLUSIONS I RECOMMENDATION Based on a strict interpretation of the variance criteria, staff recommends that the request for relief from Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3), requiring a minimum rear yard setback of 20 feet for a gasoline dispensing establishment within the C-3 zoning district, to allow for a variance of 10 feet, and a rear yard setback of 10 feet be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the applicant. Should the subject request be approved, staff is recommending that the addition be limited to a maximum of 600 square feet as prescibed by condition of approval for appeal ADAP 02-001. Also, staff recommends that the minimum height of new trees shall be 14 feet at the time of installation in order to provide the necessary buffering along the north, south, and east sides of the project. Any additional conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWRjelj S:\Planning\SHARED\WP\PROJEcrS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-013 Building Setback\Staff Report ZNCV 03-013 Building Setback. doc .," "'..___ .. _____ .. __ _.. u .. _ .. __ ..__. ..~...,,_<.._ .. ..« ~._.__.."_.. .., r · 'LocationJUlap EXHIBIT"A" . /: . Gateway Shell -~ ·~I'!-i If' m ~ r" è ~ - I ~ -.r-----. ~ SITE: , ~ I. j PUP ¡ (j~ ~~ j 1 ~ i j I J~ / ., ~ / ' r--- ru~ f I . . -. J ] IPUD " T I .;; R3 ~ n . .Oo if REC· ~ ~ ~ ~ ~:~~@~ ~I\ 4 ;~ ~f 1 ....-. ~ -, .. - _A_ . ~ . .. I - - I R3 T I I I _ A_ j j RE C _ __ \ r I I· _~_ \ J .. J j j ? I r " "7 <'~ . l I . L..J. /-(~ I W· I" . ~. EXHIBIT "B" ~-/.'Þv_ 4.....~-'_ ~ ~r~ f' > ' . ~-. ~....... 0·· i~! ~ 'I::- ':,:',:.';5':. :::, ~:~;,.:':;"~A."~~;¡?:":':/:"-'-'" '..:. ~~:~c'" G..........I$ Iq.... 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'IU j I I I,'IJ ·11¡§li~.j¡ I .,! r¡ J I: s ¡i¡ =¡II;; eel ~1!11!I~E!li," j II ; III II Ii·' m I¡"", '" L.1:111dlìlþ!I.1 'I ~ I r¡ ;Si i; 1"'<la I~ 11'< § I~ ø I I I J I UI::II ~ADDIT1ONANØAL_11OHTO: =:"&: III :¡ a !S ~ ; i . ,. '- S ! "\ .. ~I ~ GATEWAY SHELL III IlIA .. M..'VIII. ÞL . ~-=- ~~ § i . II { , . fIONIIBN.Y ICMCIIWN AI; QA'fI!NIIÞ.Y1'ÐUllCOt -==-'.- ~ ~ ~ 8 .. ~ ~ -!! 2380 NORTH FEDERAL HIGHWAY ¡~ ..... =:...~- all8a1 BOYNTON BEACH. FLORIOI'. 33435 =:=~.:-...,....s~........::=. EXHIBIT "B" - , .'" .. i!llitllllllllljill f- . Ox z- :!!J!!~~ 'Z ~ is ~~ ~r>"" it II ~ ·II~I I- r~' iÌl1ltI 1.·III'!i . .., g: ",..... g .~~ ~~g '" 0> 1'1 >0'" II I II I_ I 1111 :00 =:: ,~~ ...0 - ø .-"'Z ¡.¡¡Iil¡ !¡lill!11 ~r·· Ot 211 "U''I''I !! g!3ô!i: to'! 8:Dcn ~8ô c;;:I' ~~~g ;i:~ I Illil Ii il11il ::~ ¡ ~ :{;;na E ~~ ~,.. ! F· -tt::o $ ~K II:~I!. ~O' Z =ª ~;t I PI ,i. I QUQ ~i ¡i .. š= :;- !~ - 0: . i 0 z n .. ~ f1"- ¡.... n5~.· - =t;?£ ~ .. :o~ - ~z . .. 0<:" > - II. _~~ !< ~8 . ~ ~~ ~~ 8~ ~ ~~ ~ ~cn ~~ i ~£ , . ~..o . " . I I ' . ~~à ~ õrTI ~z~ ~ z~ "ç:'O ~ii n~l~ ~ 0 ~ '" ¿. ~~ ,? :0 0 ~ i §i! c: z c ;1 J=~ ;; -?-- ,.. Ii; iiI I ii ~h !¡!iI~ I~ nl III il ill J I II ,~ I. , f ! ~ ~ I : I I S ¡:u PROPOSED ADDmON AHD Al.11!RATlON TO: ii : II :;. Jr ; i GATEWAY SHELL ..-- Š I \0 i · ~¡ -- ¡¡ ~ II § -,,_.._~ ... ~.... PL -...-..-- - --- tel 8 I 2360 NORTH FEDERAL HIGHWAY -- BOYNTON BEACH. FLORIDA 33435 ::..-==:-:.:-........:~-...:o=. := ':I..-¡[ - .11811:&1 ! v <~~-"'''''''"' - ~~-.;'~,,~ ---,----,~;:o,.,'_....._>.__~~ - . ~""'...-~- - - -"----'-~..............---""--...-·-'ii_I'·ji¡iíi¡¡~íitØ!i~-¡"""""¥3:ir---~~~¡......~~d.- .' - EXHIBIT "8" , I Ii 1'1 II i I II .1 IiI r i ¡! II ill II I i 11 [ij' I I~i 'I I ! il '" # ~ , ~ Z · @l¿) - ¡ i ; ¡> I II ! 2f' ® III I ~ i I ~ø ~ = = !I II ~ I ¡¡' iii ~ I'ìq L ¡ -< ! it ¡¡ ¡¡ . f!! ø ~ I~ ~ ~ Ii 11111 il ~I II ~ ~..~ i !ill II iil liiji ,~ II 'i I II ! II ! Jill i Ji i! ~i§ ill 2 II~ I~~ ilii i; III 1;1 ; I ;¡= ; Illi I~ ~! ~r¡¡i I~i I Ii i~1 !Ii i Ii !I! . . II ~I I I I I I ¡=Iii!! PROPOSeD ADOmON NIO ALTERATIOH"TO: ,.a...... II i I -- I fi GATEWAY SHELL III IRA..............,L ..-- .. - :0 ¡!_:I1: -- ~ I fIOM8LY IOIOWNM QA'll!rllAY'tEXACO) ---- 2380 NORTH FEDERAL HIGHWAY Æ!!! - -..- :2 II .- BOYNTON BEACH. FLORIDA 33435 - ~,=~-;.ra-:~""'- =:...~- ..11: EXHIBIT ~(,B,'" U~_~]_I ,. I i : t II ~ I .~ , 'r } I;. ~~ ;~ .. 1 ->< > Ii il t I ~ii n~~~ II i I I ; i ~dt t t . Ii h rz - ~~~ ~~~ ~ til t Ib !' I! Ii I: UI ;U ~. II :!I Ii IiI II~ Iii II i~ i~ i ~ æl ih + II I i II~ > ~ ? ~ I i I~ì I~ ~~ ~ Ii ~i 0 . - - i ." II , ¡g ~ 1§t:III~ ~ II i~ - Jj a Ii 'UIII j II i' h ,. or¡¡ I !Ii ~ II II~ illí¡ III Ii i i!§ + ~ i~J~ iili .~ Ê o >. il~~ ~iiI I Iii jlll! I~ !~ Iii 1 i; I hi II I~! i - t JliiI ~ ...m ~E II: ;ex --<Ð-- 0- ~ ~ ...'" ! o:::! ",Z ",e> f t ~¡;! 0'" ~ 0.... -'" :::!'" ~!:< 01 ""'" b >r- r-m 1 ....~ ~~ "'.... t >5 il ....z ë5~ .,,'" ;ex ~ i z- 0- ~ n é3~ ü; i· 0- , "'¡¡< ~ !I!~ 'ô\ . !:Iz "'0 .. ~ . '" >0 I 0 ~ g~ ." 0 -:t: '" -' ....", '" Õ'" '" Zrë n :. 8 """, -< t ¡ i í ¡ i ji III r- I!! n :3 ~~ .0 ~ J "'~ >0 ~ :::!z ;¡~¡¡¡ if ì;;t I i " ~ ~ ~ I I J I ~ IIII! PROPOSED ADDrt10N AND ALTERA110N TO: ........, . § i -- 51 GATEWAY SHELL III MZAk.M."PL II. ÐF'II£r.... . . .. .. o. ~ -- ,. i § _v__...._'- ---- .- - --- t . þ- 2360 NORTH FEDERAL HIGHWAY IS BOYNTON BEACH. FLORIDA 33435 .......-..-----..... =:...~- &.== -...-.......--._~ ,........-. - ~ .......__.~_. ~";<"'-~"'~_'-r.;,o.-",¡§D-,;¡,..-'.'~~ -- ~C~""""""""'<I''''''~~ - . - ...._3......-......_.._'"""'.....oh__~_,-_~~,~_-'_..'___,;;;¡;¡-~...:,.,,:.'> . , EXHIBIT "B" ~- '1~ ~ ' . 11''' ';I ==:> - 511n IIi r II NOR T H B 0 " N 0 _ !ill ¡ M u. S. H I G H WAY N O. ~~¡ I ili - ~-- lilll ih t¡ I~ 5- ;I¡~i Id roo » UJ " » roo 3:: If » UJ J » < rrJ Z C rrJ - . ~ . h ~ Ii !im i g a ¡¡ ~ * ,. ~ ~ . flU J~ ¡: s: ::t ~ I : R~ i ~¡'¡j ~~ I/! a iii ¡¡P; ~ S . if !/II/! ! II i I tn - . m I - ~ f i'~ r iU~ I I . HII f rl I !. J' m ~~ ;;:;f ~ ;; ...- "L - ...... .. ~ ~ tI ... R ... Illl Il r;¡ Il ~ ~I ... tt t ~ t .. - - >... . ----.. ~ IIU~II;~m~~iI AODfIION AND AL"lERA1IONS TO: Illi~ il¡-lllfl , SJlSf..,t. ------ - 23eO NOR1H FEDERAL HIGHWAY ~ ~S! ."~ if"; SOYTON BEACH. Ft.ORIOA 3343S ;; '>.- ~ Landscape Plan III ·r ~ - .1 r . ~XHIBIT 16/1 1> !F;" EXHIBIT ~C" - . MAROUF SHELL V AR.IANCES 5/26/04 . Chapter 2, Sec. 1/ Supplemental ReÇJulations L. 3. d. (1), (3), (4), Driveways .. (1) No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (30) feet from any interior property line. (4) Driveways will be limited to one per street frontage. ( 1 ) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is onlý being upgraded for looks, the driveways must stay in their current locations because the traffic patterns ¡have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L. 3. e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L. 3. e. (a). No Canopy shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L. 3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The required front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. . '> .'f~'_m.~_. --~ ~- ~- -> ------- _....o~:.¡¡;¡.iIIB/IiI¡;~_:--......-""',,-..&-..c¡;;-"".....-.-"" ."e~~".. . 'ti<o\.-~........""'_...~.;;~.a~.¡,.,_¡~~"- O;:,-~.,....k:.~-~-'~~ . - , , EXHIBIT "C" MAROUF SHEll V ARIANC Page 2 L.3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 1 0 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~k~1f 9".ç~æ;./tÛd~ BOY~ n sfl.?1ftc:de%,"f rdinanees & /. ~ h Part 11/ Land Development Regulations . Cì;. '/ SIGNS" Chapter 21, Article 11/, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines , '"" '" EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: ZNCV 03-013 Building Setback Reference: I DEPARTMENTS I INCLUDE r REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: l. If approved, the minimum height of new trees shall be 14 feet at the time of X installation in order to provide the necessary buffering along the north, south, < -~_._. -- . ~ ~~~'''''-.I;.''''''~-''''''' ·.....~""~-;j;..,~~¡f--~,....-'*'~':¡~w~-~ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT I and east sides of the project. I I I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 2. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 3. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Gateway Shell fka Texaco\New Shell\ Variances (revised 2004)\03-013 Building Setback\COA Building setback ZNCV 03-013.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Building Setback - ZNCV 03-013: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for a building addition to an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-013 Building Setback\DO 03- 013.doc !i - . -."'a=c''''"-''-~':<a>Ii_;';·'''''*'''''''''~~~_~_~~_"·__p;- ......". .--œiii»¡~. VI.-CONSENT AGENDA ITEM E.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina1 Fonn Must be Turned Requested City Commission Date Fina1 Fonn Must be Turned Meeting Dates in to City C1erk's Oftìce Meeting Dates in to City Clerk's Oftìce c:J August 3, 2004 (Noon.) July 19, 2004 c:J October 4, 2004 (Noon) September 20, 2004 c:J August 17, 2004 (Noon) August 2, 2004 rg¡ October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 1 8,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF rg¡ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Conunission Agenda under Consent Agenda. The Connnunity Redevelopment Agency Board on October 12, 2004, reconnnended that the subject request be approved on a vote of 5 to 1. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 04-227. EXPLANATION: PROJECT: Gateway Shell (ZNCV 03-014 and 03-015) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5- foot variance, resulting in a distance of nine (9) feet - six (6) inches for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 1O.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pwnp island for a gas station business. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A Panning and Zo !Tector Atto inance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Gateway SheJl fka Texaco\New Shell\Variances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\Agenda Item RequestGateway Shell ZNCV 03-014 and 03-015 1O-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 111M C:N 00 ;" M M M 111 c: .92 .~ 111 . . . õ..... '" '" '" ~ I/) ~o õ õ õ .- C 0 0 0 0 0 I/) 0 C C C () C C () () () .- CD ~ £ £ £ Õ £ £ Õ Õ -0 10 . u '- l1I-sN c:£ .~ .~ .~ > .~ .~ > > 0>' o!! 0 «I 11I «I £()'I" '- .... i i ¡ C i ¡ C C .~ ;p ~ 1110 <II >.... >.... >.... 0 >.... >.... 0 0 "":-00 >. 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Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP rr Planner DATE: October 6, 2004 PROJECT NAME/NO: Gateway Shell Variances (fka Gateway Texaco) Canopy and Gasoline pump islands setback variances ZNCV 03-014 and 03-015 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises, Incorporated Applicant; Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) Staff Report Memorandum No PZ-04-227 Page 2 North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-1-AA); and West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use / major site plan modification approval involving a series of variance requests in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades of the existing building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was previously earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land -~--- -=--~ ~.....,.~......."~._-- - ~ -~..- [ ~ ~ ~- -, Staff Report Memorandum No PZ-Q4-227 Page 3 Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal but with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use / major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting property (to the east) has been abandoned. . As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. As part of the major site plan modification process, the site has to meet all the requirements of the Land Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above- referenced land Development Regulations, which directly relate to setbacks of existing structures. The first component of the variance request relates to the existing canopy. The code requires canopies (of gasoline dispensing establishments) to be located no less than twenty (20) feet from any property line. The canopy is only 9.5 feet from the property line so therefore, a 1O.5-foot variance would be required. The second component of the variance request deals with the existing gasoline pump islands. The code requires gasoline pump islands be located no less than thirty (30) feet from any property line. The gasoline pump island is only 19.8 feet from the property line so therefore, a 1O.2-foot variance would be required as a result of the major site plan modification request. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 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 b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights Staff Report Memorandum No PZ-04-227 Page 4 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit "C" - Marouf Shell Variances, which requires the request be initiated because of special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires to maintain the existing canopy and gasoline pump islands at their current location, which do not conform to current setback requirements. The subject property has been improved with a gas station business, and occupied since 1965. In order to meet minimum setbacks, the canopy and gasoline pump islands would have to be relocated, which may be cost prohibitive or significantly impact the business operation due to site constraints. Understanding that the structures exist and the subject requests represent the minimum variances that will make reasonable use of an existing gasoline dispensing establishment, and will not be injurious to the area, criteria items "e" and "f" appear to be supported by the variance request. The overall objective of the Land Development Regulations is to insure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. Staff understands that the proposed requests represent a modest distance to sustain existence of components necessary and integral to the functions of the applicant's business. Although the pump island setback is in part related to life safety, with physical barriers between the pumps and adjacent right-of-way, and modern shut-off equipment, staff cannot measure the decrease, if any, in safety as a result of the pumps being approximately 10 feet closer to the right-of-way than allowed by code. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variances be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/MD S:\Planning\SHARED\WP\PROJECTS\Gateway Shell tka Texaco\New ShellWariances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\Staff Report ZNCV 03-014 and 03-015 Canopy and gasoline pump Setback.doc · 'Locatio~p EXHIBIT"A"· ; . Gateway Shell r 9 . ---.J " ,.t-::= J ~ ~ r- - I - .- ~ I - , - - - SITE ~ I , 9¡Jþ ~~;, ~-} J L-\ . 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FI II~ Ii I i i '·I;IIÎi¡;1 . ~ ";œ ¡IIIIII Ulf~li¡¡¡~' Ii 11!2;èilll!il!lll!í III ' I iM+ir ~~llp Ii II f ,I. 1111 Iii 11!1¡!'!lldQil¡!!ii!¡¡I¡~ ì~ t, - .. !11¡i11i1j IQ III IIII J I ~< r 'I £ lil'I'illln,'¡lhlml~L iþ 9 _ .111_ ¡ëI II I I ëI !I..~"lilll.·ei!_ -I I" ¡ I . Iii 5 III " II 1¡!ill,l. ·;!I!! Ii II i lill~.b III Iii ih~~~ ~U: 14lr,ulJultilli III1 , - Il IIg J5! i" I ~ dl~iI"II~~ I" ~Ii 5 I ¡; , , III 'I Iii i ~ ~n i;Uii!U 111,lll'IIIII;',1111111 I ~~ : p- ~ Ii i I m i ~ I~ .!IIf¡ I.. § I~ Ð i i I · I I I ::&1= i PROP08EDADDIT1ONANDAL~T1ONTO: ::== , IS! III! I . _ I , ¡. ¡¡ ~iI ;J GATEWAY SHELL Pm ""--==- I' i . . . . . ¡ f'OMIØ'LYIlOtClWNA8Q4~'t'EXoJIrCO) ~I 1IZtt.... ALT-. PL ---- 0. _ II III II .. i ~ 2380 NORTH FEDERAL HIGHWAY fæ - --- A" "" 1\ . BOYNTON BEACH, FLORIDA 33435 . :.-=~"V"-=o::..--=- =...~- -== I' i ! ' I EXHIBIT ("B·'" :þ '" .:> :=i <5 f ~ii n~l~ II" Id~ ;~I ¡in t t . I' !~ I 1/1 gl~ ~~l t II t !! ill IS III! 'n ~h!¡liI~ II ~I II li~ I~ Iii II if I it g ib + -, II I I Iqi h ¡~ ? J I I q ¡ II il " > .. .. . ~ ~ I§~§ i~~ ~ II i! .~ 8 iii ~~. ~I . ~ . ill ¡¡~ ~ i\ill Ii ï ¡n II fi Ii . ~ I U I 1/1 ~ ~I, £ I ~i! Ii P! í I. o +. ~ i~lIi iI~ I~ § i i i Ii ~ ~ · >. t y lilil! IIlp! Pi _¡Ii ! ~>..·t I ~ i ,II , . . t ..,,,, :ex -€>- 0- ..,00 ! o::! CI):Z fTlC> t t ~r;! 000 l~ 0.... 3~ ~!< .~ ...", U >r r'" 1 ....~ J~ ",.... t ~g if õ,,¡; ~ 0 ~ z- ~-: ~ ¡;; i~ 2 1£" iii . ." .. ~ . G> :e § 0 ~ ." 0 00 ", -' ;Ii 0 ~ >- 0 i i i ¡ i ¡ i III t 0 !! ::¡ 0 õ ~ J ::t !i :! ! ~ F ~; .. Ii' ¡lIt; i S t; I I I .I I I 11_11' PROPOSED ADDIt10N AND AL"ÆAAT1ON 10: = 1& 1Will . ;; I: - II GATEWAY SHELL III ..-- " § ":¡ ! -.VIalOWN......_-.- .-..;¡ MIA... ATIIIM. PL _:....--=:- i 2360 NORTH FEDERAL HIGHWAY __...... -..... 2 . ~ ~=="~.r-=~--==- z=:n- a.=- - ~ IS BOYNTON BEACH. FLORIDA 33435 :--- '_.'-'~ -- - '-.-. -.--- -- - . ---------~ ~=-~~-- EXHIBIT "B" : -.--.. - , . 14:· .. i!/lIlIllllllIIiill f" - Ox - z- 'Z ~J!I :5~ ~~~z ~~" iI ", I "11"1 II' :z:PnC1 r~~ ~~JTt~ Ìi!lIII!"liill! " 8 !!¡x iii(f)O '" 0> PI !a~ :on r- r-:DC 1'10 is ::~~ I I JI. ¡I ~ lIs ~r" . en 21 I"I"Irw'I ! !6Ed~ "! ¡;¡:O'" II¡I¡I ¡'!liI!! ...8..... .....t t ~ ~&~g ~~~ O:f . l'I1~nl"1 ::¡ -< ::~ i :uTYlp, 0 12 I Illi~ i .1·1~li iii::: ~o f F -ª~V'0 .!!\. I i· ~I II If~ I i! 1;11" 0 ~ I I I ~ 0; . ~~ "z " ~g ~. ~.. t~ :;~ 51 ~ . ¡¡ E Z .. ; ~I~" i·....· 15~" - ~~ ~ :0'" ~ !6¡g . 0,,", ~ - " ;1 . ~ ~~ ~a 8~ ~ 3:.~ -- .. ~~ ~;¡: I ~~ . , ;~ , 'I . , 1 ' , I . , !It õ'" ....,~ ~ z~ .~~ICI z ~n n~i~ ~ n æ. 5 '" ./' ~~ ;? :0 - ~ 0 1/ jli ~ïii c z c ~ -¿- I~~ J~~ II! ill i Ii ~h ~1iI5 f ¡iI I II d ih ~ I , ¡ II j~ . , ; I L ~ I . I I ¡:u PROPOSED ADOITIOH AND AL1ERAT1ON"TO: ......," , . ::;. II ; I I=' GATEWAY SHELL œ ---- § J ~ f · ~I -- It ! ~VIQrlOWNM""~YftXACO) IlIA ~TMI. PL ----.-- I 2360 NORTH FEDERAL HIGHWAY æa --- t e . 8 BOYNTON BEACH. flORIDA 33435 ::.-=.:::-.:-----=~...,:.::. ==-~- aea.. ~ EXHIBIT "B" ~-- D!&¡I' 1 =t> - lain Ii NOR T H 8 0 UNO =:> !~I;¡ III h U S. ", G " W AY NO, !l111i1! - -:--- UIII ¡II til¡¡l" 15~ - . -..... iii l¡ ~ I : õ +-- :>- (/) "1J :>- õ ;:: If :>- (/) J :>- < T z c T - ~.:t;~1ì 'ß~m i =11> g a ii ~ * ~ . ~'" {Hi ;1- !!i ã I : a ;I!'Ø ~ ~ . I*, ..... "' . a. £!. If ~ co I i!! U> ¡Uit I i I . nil I (~ 'I I ! m ~ "I -- - - .. . - ~ -. J: ~ .. - - . ._-.-- I linE) I; I ~ ~ ~ I' I ADOITION AND AL"!ERA l10NS TO: 11~lllli'II-I;1 II , SNS~('" --- -- 23110 NORl1i FEDERAL HIGHWAY þ~ it i BOYTON BEACH. FLORIDA 33435 ~ Õ .... ~ Landscape Plan - --,--,"-~ d_~""'-_ _..._""'''''~ :~ I- ~ .. .. .. r - . ~ . EXHIBIT "C" . 1 MJ RC '0 - I ARIA ~CES , n1a1 , Chapter 2. Sec." SUDD 3me " I t ~r S L. 3. d. (1), (3), (4), Driv€ .vav: r ! .. (1 ) No drivewé ,/ s à,1I IJE ¡.¡ a ~ ~ss than One Hundred Ten (110') feet from thE inte ¥£ if, i h f- a y lines f public streets. (3) Driveways s all d ~ c IE S. f an thirty (30) feet from any interior property line , (4) Driveways "' ~ be 11m e street fr ntage. (1 ) Request a varianc fro 11t is s ic of the code :IS the site has only 140 LF of frontage along ~. F cJe I a d 123 Lf of frontage on Las Palmas. Therefore it woul be i~r )S i 1 ~I al V drivew ys to be 110' to meet this current code. (3) Due to the fact tha thi Is n a i i ~~ G s Statiol1 and is onlý being upgraded for looks, the driv wa ~ 1 U n their cur ent locations because the traffic patterns \ ha e a r,a y t land caOl ot be changed. Gasoline Tankers must be ble tþ m ,r ~ Ie ve the remises from the existing driveways. ¡ (4) Due to the GasolinE Tar k~r e t fl' nc leaving {! ,d the location of the fillers for the tanks, these driv WêJ s n in their current locations. L.3.e. (3), Rear Setback. Rear Setbacks are req ired to b ') '! ¡ rid we are >roposing only a 10' rear setback. L.3.e.(a}. No Canop Hal Ie a d less than 20' from the property line J j The Canopy is 9.5 feet ron Jh ( II st property line. We are requesting a 10.5 foot variance to aile wa S.5 f\.l e back for "e existing canopy. L.3.e. (b). No gas olin pu ~ 's 111 e locate ~ less than 30' from any property line ~: ~, The existing gasoline pu np i $lþl1 i . BE from th4 front (west) property line. The required front gasol 1e p µtn i ~ e bé k is 30 !et so we are requesting a variance of 10.2 feet fr mt ~. 0 line to a ow the 19.8 foot gasoline pump island setback. .. í E ", J I fj · - , ~ EXHIBIT "C" MAROUF SHElL V ARIANC Page 2 L.3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The Landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~k~1f q-.ç~æ¡J¡Ûc/~ BOyæ n Bfg¿;de~( rdinanee. ð r ;1f h Part III Land Development Regulations fìj. / SIGNS . Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines '~ ." ~. - -- -~ ~ ~¡-r-.j¡¡v. EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Canopy and gasoline pump islands setback ZNCV 03-014 and 03-015 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be determined. S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fl<a Texaco\New Shell\Variances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\COA Canopy and gasoJine pump islands setback ZNCV 03-014 and 03-015,doc --. . ~ -~~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger I Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Canopy and gasoline pump islands ZNCV 03-014 and ZNCV 03-015 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of 9.5 feet for an existing canopy for a gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 1 0.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Page 2 Gateway Shell ZNCV 03-014 and 03-015 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHARED\WPIPROJECTSIGateway Shell fka TexacolNew ShellWariances (revised 2004)\03-014 to 03-015 Canopy & Gasoline\DO 03-014 and 03-015.doc _:_a. ... .~ - ,--.,...~~~<.-""''''''''''' - --- - . --~<, ··---...~w-'-~ VI.-CONSENT AGENDA ITEM E.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 4, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 [g] October 19,2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16, 2004 c=J November 3, 2004 (Noon) October 18, 2004 c=J September 21, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November I, 2004 c=J Administrative c=J Development Plans NATURE OF [g] Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids c=J UnfInished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Consent Agenda. The Commwrity Redevelopment Agency Board on October 12,2004, on a vote of3 to 3, recommended denial of the subject request. For further details, see attached PZ 04-228. EXPLANATION: PROJECT: Gateway Shell (ZNCV 03-016 and 03-017) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section II, Supplemental Regulations L.3.F.(I) requiring a ten (10) foot wide landscape buffer along the street frontage to include one tree ten (10) to fIfteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of eight (8) feet - six (6) inches, resulting in a one (1) foot-six (6) inch landscape buffer for an existing gas station business. PROGRAM Il\fP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A uJL.-1 iv Planning and Zo . 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Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP c;¡- Planner DATE: October 6,2004 PROJECT NAME/NO: Gateway Shell Variances (fka Gateway Texaco) Landscape buffers ZNCV 03-016 and 03-017 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three- inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gasoline dispensing establishment; Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f. (2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of eight (8) feet - six (6) inches, resulting in a one (1) foot - six (6) inch buffer for an existing gas dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises, Incorporated Applicant! Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 North Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal - ADAP 02-001). Staff Report Memorandum No PZ-04-228 Page 2 Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development (IPUD); East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-1-AA); and West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use / major site plan modification approval involving a series of variance requests in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades of the existing building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was previously earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response ..- ~~ _. __. 0. ____...'_.... -",,~~¡¡¡., _._."-'~-"~ ..-.,. ~=.._·.···4W.i'.'," Staff Report Memorandum No PZ-04-228 Page 3 to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal but with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use / major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. As part of the major site plan modification process, the site has to meet all the requirements of the Land Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above- referenced Land Development Regulations, which directly relate to the landscaping and buffering requirements of gasoline dispensing establishments. The first component of the variance request relates to the required landscape buffers adjacent to rights-of-way. The code requires 10-foot wide landscape buffer adjacent to the roadways for gasoline dispensing establishments. However, the existing site has no landscape buffer along North Federal Highway so therefore, a 10-foot variance would be required. If the 10-foot variance were approved, this would also cover the deficiency in the width of the existing landscape buffer along Las Palmas Avenue. The second component of this variance request deals with required landscape buffers along interior property lines. The code requires a lO-foot wide landscape buffer along the interior property lines. However, the site only provides for a one (1) foot - six (6) inch wide buffer along the north interior property line. Therefore, an eight (8) foot - six (6) inch variance would be required. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 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. b. That the special conditions and circumstances do not result from the actions of the applicant Staff Report Memorandum No PZ-04-228 Page 4 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d That literal interpretation of the provisions of this 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 e. That the variance granted is the minimum variance that will make possible the reasonable use ofthe land, building, or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or othetwise detrimental to the public welfare. Staff has conducted this analysis with the assumption that, based on the city's prior approval of the administrative appeal acknowledging the increase in intensity of this non-conforming use, that the city is aware of the potential of certain hardships and non-conformities associated with the site. Staff has focused this review based on the applicant's response to the above criteria contained in Exhibit"C" - Marouf Shell Variances, which requires the request be initiated because of special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the land, building, or structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business. The applicant desires relief from the required landscape buffer along the front (North Federal Highway) and the interior (north) property lines of the subject property, since they do not exist on the already confined site. The subject property has been improved with a gas station business, and occupied since 1965. In order to meet the landscape buffer as required by code, the applicant would need additional linear footage along North Federal Highway or to eliminate the existing first two (2) gasoline pump islands. This scenario would likely be cost prohibitive or significantly impact business operation. Understanding that site layout is existing and cannot easily be altered without significant impacts to the business operation, the requests represent the minimum variances that will make reasonable use of an existing gasoline dispensing establishment and will not be injurious to the area. Therefore, criteria items "e" and "f" appear to be supported by the variance request. The overall objective of the Land Development Regulations is to ensure the welfare and safety of the public by providing regulations and standards to achieve consistent equitable developments. The intent of the landscape buffer is to visually screen the vehicular use from the adjacent properties and right-of-way. J1 --~ ----~. ---- _ --- -....... ----<..-.-«0.:"'"' ~..-..J.~--,__,~",.__.-..._,_,~ Staff Report Memorandum No PZ-Q4-228 Page 5 CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variances be approved subject to the following conditions: 1. Provide a substitute form of screening of the site along North Federal Highway where possible such as planter pots or boxes; and 2. Staff recommends installing the Ixora "Nora" grant shrubs at 36 inches in height along Las Palmas Avenue at the time of installation. However, any additional conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/ELJ S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-016 to 03-017 Landscape\Staff Report ZNCV 03-016 and 03-017 Landscape buffers.doc · 'Locatio~a,," .... p EXHIBIT"A" . " Gaœway ~~ I I~ I- If I - - ..' '. :;: ~ I - . - ...: SITE : , ~ l I P tJP ¡ ,,~~ ~~ j J l-----1 . I J 1 ~/ ~/J/ .--. , ~ '-". '---J I . \ I I .-- IPUD - I R3 I ~ ~GG If REC - .~ .~ ~: ~~@~ ~I \ - .. ;~ II I .......... . ..- ~ I . I . - - J R3 " I I _ A'" I I I J REC I - __ \ I I I I A'_ \ J . 1.1 r . 1) LfC-hJ : LJ .. . ~~ - ... ~ EXÏiIBIT "8" ~.,;1Þw..", 4.........~..... - -- ~ ~r~i" '" # ~ t· ~~ 0"· ~tl , ¡t- .>--'..; -.":'. :.~:.' ~.' ~;'.~~~~', ~~';;'7:"~' :_/:":.'. ',.:. ~~': ~:.:... 6......._.31, ~I'í' ~ ~ì:" '. ~ t~ ~ ,.. a....4> CS....,y_ ~~~! t~~~ I , ~, ~ ~~~ V ~ h-/""h"WAY /\./0. / ~ ttl ~~ I !.. ~ ~~~ I ~ l' .. ~ ~ I I . ~ ·ht ? 't ~ ~ '~ tt ~\ ~ .... -'- ~~~ ¡;-.!.. ~~ ~Þt~ ; ~~ ~ .... ~.-.- I 1~ ~ ~-~, -1.. ~; ~ ~~ ¡ t>~ ;::, }.~~ I ",... ~ . '~...... ~.; I ~l 'J . 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S ",,,,o-"'''-ll . __ _ -------- -- ~!SJ . :"U~£-:-'.dijf;tïíll~ii!II¡II¡¡ Ii! I i II¡ 8 \11< I i 8¡¡!; ~§ US ' lil:IlIlllli:lli III ¡I ¡ .. 8~jEI ;~';I¡ i I¡i !Þ~ .ili 111·lilllll "I' I, ~I¡R ~ I' ~ I !I¡ 5i . ~ ~ liI'llhil'jlll!' hl--iJ i¡ Ii J ~q i I t ~ 8 ~ihllbll ~i Ii r I }I ~ . d1bUU;I¡;¡II¡Î It ·1 .~ II ~ lih ,II¡I." II I II 'I h ~ , liiJ!I!Il'11 ¡il; I ~~ JI . r I i8\1!.n E, -ª~ "&.~. _ i ~= . i .- --- , f::XHIBfT "13"" I I ~ ~. -I =ó I il - --01" 1 Ilr õ u . i~ Þ - j' I ~II r J il i ¡lfUI ... tq )f Þ ::0 ^ , I . _ ; ~ Iii z . , (il1-, ~.. q§ Qlli (/) n ~ I z:~_~~t " .,Þ . p:B. I! !I. . ~£!I. ..0 I ..", .. ~ltl!l ~_ ·3 d ~ ! I J C. . · u~ .,. ~ . . J I~ ._ n·· :'!it -. . -- ~ - . &0 =1 ~'i!i . ,~:, - =:) I ;8 !.:(,~ ~...~ '. .., ¿(T.. . NORTHBOUND 1& - co &. 2 J. 11 Iii =::::> ~ ~ i U. s_ HIGHWAY ~~~ ' I II . . IV O. J !>.. . ,,~ -"' . ..,.. iIi /',:;.~'..; ~- , ... ..-'. J'. I . j"'f<'- . 'r '. I II~ - ~ "j " I~ ; i ,I ~ i' IiiI' I.; ;g II Iii & i ~ ,dl¡! II !! Vi, If 1'1 lid 5 ~ ", I d io g.: J I I 1m ¡t ~ ~ I ~ : jijl' I! -:z II [1 ~i II - _ " ~ I ~ 1\ ;¡:: I ! I Þ I ~ti) I (/) r Þ '. . ~~¡ < -:.' ". I ,." I I s :z c ,. ~ ~ I ,." Jf il!~ I i: I i-il I!! I -III ru~r ~ fl7'w0"f. I nil ~ - - U!I i I II! ¡¡ Ii~~ . .Iini,., . "]I'J f II 1111111'''' I 111111111'1:IIIII!j III i~~li q~llï ~ . II. ûI! ¡~¡ 111!¡!'!!ldqiiJ~ûII!¡ ~¡ II . !i~11 III II III i I I- I I' I . ' I¡IIII '1IIIIillillil!!!I¡1 ill II . i-i' I¡ i I' I. I . Þ¡¡9j,p!i~~ illl ; dIll¡ 1,1 jl ¡hi'! ~¡~: pr,'IPdll!tq U II I II! '·1 ".. I ¡ dllll"II~!" . ¡ I ... IPh Iii 'I II· i I!! ¡¡!III !II! Ililidlli~l¡ 1111. . ~ ¡ I iii n¡ i ~ 1·"lIëI It¡ i" = I~ .0 , I I ! I UI~j PROO'08EDADOmOH AND ALTEAA110M = "_1M . .. II !5 ¡õ ¡õ i -- GATEWAY SHELL œ NZAILM.'þIfC.PL . ..-- § ì . ~ ~ I I ... .. ~I ~ -- t! _v_........_-.- ---- 2 2 2 8 II -!!. 2380 NORTH FEDERAL HIGHWAY ~......1 - --- BOYNTON BEACH. FLORIDA 33435 . ::.-=.:=:-.:-..,....:~-...:=.. :=:"''"If- a.= ~ f" --~ ~,,-- -- - ~ .. " ,"-'~'''(P'· EXHIBIT "8" ~- ~ ~ ----=======-- . _' I _'WI! '¡¡ =:> - 1.lu 'rl NOR THe 0 UNO =:> !~i;1111 u. S i I ëI I r q . ", G" · Ay NO, IMI;II - ":""-- I~III ;It ¡ Ii ~5t! ;Iillld I : +--- õ . >- (I) -0 >- Õ ;::: I " >- I· a U (I) J >- < IT1 Z C IT1 - ' ~ ..: h Þ> I~ cc ~ m 1'1 ª I» i g a. Ii * ~ . 11f; J-~ _ ~<= ~ œ~ [ ¡: ~... §~I(¡ a ;1\16 t""4 £ . if I(¡ 1/1 _. t! I.¡r I ~ m· un i J I · EO J ~ '" ~ . ~ ~ ... ~ t ~-- "\11':1 I. ~ . I! if ~~~ I~· , ADDtl10N AND ALlERA1IONS TO: 111!lnlg~ OJ i9 ~ 0 8! i .. ~ - - - - SNsc, c... i IE It . ~ ~ ~ ~ ~; ~ -i ..==~":"",;.,. _1'111 ~II_III= _ 0 Landscape Plan I Dr I ! Rh .. r . ~XHIBIT If. 1 iff( EXHIBIT "C" - ------ . MAROUF SHELL VARIANCES 5/26/04 . Chapter 2, Sec. II Supplemental ReÇJulations L.3.d.(1), (3), (4), Drivewavs ~ (1) No driveway shall be located less than One Hundred Ten (110') feet from the intersecting right-of-way lines of public streets. (3) Driveways shall be located less than thirty (3D) feet from any interior property line. (4) Driveways will be limited to one per street frontage. ( 1 ) Request a variance from this section of the code as the site has only 140 LF of frontage along N. Federal Highway and 123 LF of frontage on Las Palmas. Therefore it would be impossible for any driveways to be 110' to meet this current code. (3) Due to the fact that this is an existing Gas Station and is onlý being upgraded for looks, the driveways must stay in their current locations because the traffic patterns ¡have already been set and cannot be changed. Gasoline Tankers must be able to enter and leave the premises from the existing driveways. (4) Due to the Gasoline Tankers entering and leaving and the location of the fillers for the tanks, these driveways must remain in their current locations. L.3.e. (3), Rear Setbacks Rear Setbacks are required to be 20' and we are proposing only a 10' rear setback. L. 3. e. fa}. No Canop y shall be located less than 20' from the property line The Canopy is 9.5 feet from the front (west) property line. We are requesting a 10.5 foot variance to allow a 9.5 foot front setback for the existing canopy. L.3.e. (b). No gasoline pump island shall be located less than 30' from any property line. The existing gasoline pump island is 19.8 feet from the front (west) property line. The røquired front gasoline pump island setback is 30 feet so we are requesting a variance of 10.2 feet from the front property line to allow the 19.8 foot gasoline pump island setback. . " "1-- ~ .........-.... ~--~~ ~-.-~,. 0____ ._- .- ----....."""""'-~ ~--- -.~~-,..- .......~,--- ~-~¡¡;¡:~>..í:1;~ .. - . . EXHIBIT "c" MAROUF SHELL V ARIANC Page 2 L.3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~~~1f cy.ç~<fiJ ¡J¡dc/~ BOY~ n Bf,,{(ffcfode~f rdinanees ð /. 0f h Part III land Development Regulations . 1/;. /, SIGNS .., Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines " "" ~. J\ EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Landscape buffers ZNCV 03-016 and 03-017 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Providing a substitute fonn of screening of the site along North Federal X Highway where possible such as planter pots or boxes. ,-..:"" - ~"-~~- , .~ ~- -~-.. -_.,,-- -- -..---.---.,.- .- - ._--- _._~..,-~ --."-- '-" . Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 2. Staff recommends installing the Ixora "Nora" grant at 36 inches in height X along Las Palmas A venue at the time of installation. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Gateway Shell fka Texaco\New Shell\ Variances (revised 2004)\03-016 to 03-017 Landscape\COA Landscape buffers ZNCV 03-016 and 03-017_doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Berif Kruger / Berif Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Landscape buffers ZNCV 03-016 and ZNCV 03-017 Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(1) requiring a ten (10) foot wide landscape buffer along the street frontage and to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) foot wide landscape buffer along the street frontage for an existing gasoline dispensing establishment; and Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of 8.5 feet, resulting in a 1.5 foot wide buffer for an existing gas dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED , -. -- ~ -~.- '-" ~---"'""- ~ ......;k -~ Page 2 Gateway Shell ZNCV 03-016 and 03-017 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 DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-016 to 03-017 Landscape\DO 03- 016 and 03-017.doc >~ . ~. -- .--- <.. VI.-CONSENT AGENDA ITEM E.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOml Must be Turned Requested City Commission Date Final FOml Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2,2004 r8J October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon)Septernber7,2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NAT£JRE OF r8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board on October 12, 2004, recommended that the subject request be denied on a vote of 4 to 2. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-229. EXPLANATION: PROJECT: Gateway Shell (ZNCV 03-023) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for relieffÌom the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring that all signs must meet a minimum ten (10) foot setback fÌom the property line to the closest surface of the sign to allow a five (5) foot variance fÌom the property line, resulting in a five (5) foot setback for an existing gas station business. 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E~ E"'I Ero E~ E~ E $0 ~c~ ~c ~& ~ø ~~o ~u ~m!ro ~g :i C'I :> ro ,_ :> ro ro ~ ,_ - ,- ~ ~ ,- Q) - u ,- U '- m w ø _~ ~o ~o~ ~_ ~~ ~ø· ~~ C"¡- >E'" >E '-Ec crN crt::~ crroai cr~ crug¡ ~£ O~ ~oro 'CO 0 ø_ IDm2 IDUC IDC IDCe ID.~ ~~ O~TI C~ ~~ ~O ~uro ~o_ Œro ~ro_ ~~ .- Q) E.a ES ~ 0 ..- N M ~ ~ ~ M OU M~ ~~ M~ M~ M~ M~ ~~ ~~ ~N 00 ~oo ~oo ~oo ~oo ~o..- ~oo ~oo ~oo ~oo - _... . ... DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-229 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP err Planner DATE: October 6, 2004 PROJECT NAME/NO: Gateway Shell Variances (fka Gateway Texaco) Sign setback ZNCV 03-023 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. PROJECT DESCRIPTION Property Owner: SUAU Enterprises, Incorporated Applicant! Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: 2360 North Federal Highway Boynton Beach, FL Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)/ Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to gasoline dispensing establishment (limited to a maximum of 600 square feet by Condition of Approval for appeal -ADAP 02- 001). Acreage: 0.48 Acre (20,830 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: A multi-family residential property, zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Avenue, and farther south are single-family attached townhouses under construction (The Harbors), zoned Infill Planned Unit Development Staff Report Memorandum No PZ-04-229 Page 2 (IPUD) ; East: Vacant commercial lot zoned Community Commercial (C-3) currently under review for a proposed car wash, and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential, (R-1-AA); and West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, and farther west developed commercial property classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use / major site plan modification approval involving a series of variance requests in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, additional landscaping, and a general "make-over" of the exterior facades of the existing building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas-station is a legal non-conforming use because it is currently a fully functional, operating, and licensed gas station but does meet the locational criteria for gas stations as outlined by Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels of land located at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition to the existing gas station, in part, to satisfy outstanding code enforcement violations. He also proposed direct access between the subject lot and the lot directly to the east (which was previously earmarked for a mechanical car wash). The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline-dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas-station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross- ------~ - Staff Report Memorandum No PZ-04-229 Page 3 access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect-gasoline sales, which component can therefore be altered / expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal but with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a request for conditional use / major site plan modification approval and its accompanying variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use / major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Most recently, on August 11, 2004, Mr. Kruger re-submitted a revised request for major site plan modification and the accompanying variances. If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference between this submittal and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. As part of the major site plan modification process, the site has to meet all the requirements of the land Development Regulations or obtain relief if necessary. Mr. Beril Kruger is requesting relief from the above- referenced land Development Regulations, which requires all outdoor freestanding signs be setback at least 10 feet from the property line. The existing pole sign is located five (5) feet from the property line (adjacent to the right-of-way) so therefore, a five (5) foot variance would be required. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the lane!, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district b. That the special conditions and circumstances do not result from the actions of the applicant c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district d. That literal interpretation of the provisions of this 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 e. That the variance granted is the minimum variance that will make possible the reasonable use of the lane!, building, or structure. Staff Report Memorandum No PZ-04-229 Page 4 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or othetwise detrimental to the public welfare. Staff has conducted this analysis with the assumption that based on the city's prior approval of the administrative appeal regarding the increase in intensity of this non-conforming use, that the city has acknowledged the potential for revealing certain hardships and non-conformities to the site. Also, the analysis focused on the applicant's response to the above criteria contained in Exhibit "c" - Marouf Shell Variances, which requires that the request is to be initiated because of special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the structure. The subject request has been initiated in preparation for the construction of an addition to the existing gas station business, which represents a major site plan modification. Through this process, every aspect of the project is reviewed for compliance, and if a requirement cannot be met, relief from the code may be required. As such, the applicant desires to maintain the freestanding sign at its existing location. The subject property has been improved with a gas station business and occupied since 1965. Staff reviewed the site and determined that the request for a sign setback variance of five (5) feet may not represent the minimum variance necessary to maintain the site sign on the property. Staff acknowledged that the applicant could meet the sign setback as required by code. The sign can be moved an additional five (5) feet to the east and two (2) feet to the north while maintaining the same orientation without interfering with the vehicular use area for the station. This scenario would meet both the code and maintain the same visibility for the applicant's business. Understanding that the subject request does not represent the minimum variance that will make reasonable use of the structure, criteria item "e" is not met. It should be noted that if the sign were moved from its current location, then the entire structure would have to comply with current code. The code now requires that all outdoor freestanding signs be of the "monument" style as defined by the Land Development Regulations. This would translate to an eight (8) foot tall monument sign. The overall objective of the Land Development Regulations is to ensure the welfare and safety of the public by providing regulations and standards in which to achieve consistent equitable developments. The intent of the sign setback is to provide reasonable visibility for a sign without interfering with visibility along a right-of-way. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff recommends that the requested variance be denied, due to the lack of hardship, and due to the avoidable circumstance being created by the actions of the applicant. However, if approved any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MD/ELJ S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign Setback\Staff Report ZNCV 03- 023 Sign setback.doc · . 'LocatioD-Map EXHIBIT"A" . t . Gateway Shell J ~ .~ T' , t-== J . . Q _____ I- ,- m j '-- _..' -. ~ I ~ ~ "ii j . _ --.r----. ~ SITE : .... ......¡;¡ /. Jf \ï~ --1 b ~~~ ~\ P W '@1 1····- / / / I J I J~ /' ~} J .--. I ' - _ ""1 '-I f . \ f r ~ -- I IPUD r I R3 ~ _ ~QG 1 REC· ~.~ ! ~: : ~ ~ ;~~~@~ ~I . 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MJ R( ~L I: "'¡" I ARIA \ICES I ILl j 1 . Chaoter 2, Sec. /I SUO[ ernE nia R t s L3.d.(l}, (3), (4), DriVE wa\l s .. . (1) No drivew y s 'j'J b , ess thaT. One Hundred Ten (110') feet from th int~ r. e ti " - f- ilay lines )f public streets. (3) Driveways 5 all JI c t t rs i an thirty (30) feet from any interior property line ~n (4) Driveways \II '11 b tv p street f¡ 'Jntage. ( 1 ) Request a varianc ~ fn ; lÌ! .~ ti 0 the COdE as the site has only 140 LF of frontage along N. f al è nd 1 23 L of frontage on Las Palmas. Therefore it wou ~ be 0 a y drivew ys to be 110' to meet this current code. i ¡ ¡ ¡ . (3) Due to the fact th th sis ( as Statio and is onlý being upgraded for looks, the dri eWe ¡r~ t ir their cu rent locations because the traffic patterns ¡ h. ve :I) IE !r e and call ~ot be changed. Gasoline Tankers must be able e r la ~4 I ave the þremises from the existing driveways. ! (4) Due to the Gasolin Ta ~ ¡; c i leaving nd the location of the fillers for the tanks, thes dri y .r 1m in in thei current locations. I L.3.e. (3), Rear Setbac s ~ , Rear Setbacks are re uire ~I t (] n we are proposing only a 10' rear setback. L.3.e.(a). No Gano y .sf1é 1 'E cc t-ed les than 20' from the property lint. The Canopy is 9.5 fee fro :þt e ,. e~ ) proper1 line. We are requesting a 10.5 foot variance to a ow r fj tback fo the existing canopy. 1 L.3.e. (b). No gasoll e ¡:. U~I I ~, af, be loca ~d less than 30' from any property Ii" i The existing gasoline ~ mp *: ld i S ,I fE ~t from t e front (west) property line. The required front gas ine p tl ~ck is 3(] feet so we are requesting a variance of 10.2 feet loom tiE fr ir r V line to lIow the 19.8 foot gasoline pump island setback. . " . . ' . MAROUF SHELL V ARlANC EXHIBIT "G" Page 2 L.3. f. (1) BUFFERS A 10' wide landscape buffer shall be located along the street frontage. This buffer shall contain one tree 10' to 15' in height with a minimum 3" caliper every 30', a continuous hedge 24" high, 24" ole at time of planting with flowering ground cover. We do not have a landscape buffer along the westerly street frontage (N. Federal Hwy.) so we are requesting a variance of 10 feet from the required 10 foot landscape buffer. The landscape buffer we are proposing along the south street frontage (Las Palmas) is only 5 feet with a requirement of 10 feet. We are therefore requesting a variance of 5 feet for the 10 foot landscape buffer. We are requesting from the Engineering Department to be allowed to landscape the area between property line and the street. L.4.b Buffers (Interior Property Lines) (a) A 5' wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. ~ i~if q-'.Ç~Æ ¡JtVc/~ BoyÆ! n sfU<fo'"d?%'f' rdinanees ð ~ 0Ý' h Part /II Land Development Regulations . . Qj. '/. SIGNS .. Chapter 21, Article III, Sec. 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. The existing sign is currently 8.5 feet from the south property line and 5 feet from the west property line. Therefore we are requesting a 1.5 foot variance for the south setback and a 5 foot variance for the west property lines ~ ~ -.... . ,-- EXHIBIT "D" Conditions of Approval Project name: Gateway Shell (fka Gateway Texaco) File number: Sign setback ZNCV 03-023 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT ¡ Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 2. To be determined. S:\Planning\SHARED\\VP\PROJECTS\Gateway Shell fka Texaco\New Shell\Variances (revised 2004)\03-023 Sign Setback\COA Sign setback ZNCV 03- 023.doc --- - ---- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Sign setback ZNCV 03-023: Relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III, Section 5 requiring all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in five (5) foot setback for an existing gasoline dispensing establishment. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "c" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New ShellWariances (revised 2004)\03-023 Sign Setback\DO 03-023.doc "_~.-"'-~'''''''''~'><-'':'''.-';;';'''~-''");-",._'''-.~~..a.~~¡Ø",'6Iiii1i"'-lr;''';;''i;;~~ -·,·t·· --""~~--;;i.3t~:t.-.iõo;;~':;'-":;";'-;'''''''~'_'''i.;..,~·';:'_-.>.;,:.;L''..i~~~-.!-.:u.;,:..i~'-~";"'~''':-C~'--i2ih;<1!i;':f".~.¡.'<i~¿';'''',o:.~"",=..i.%·j¡~;¡;~""¡¡ß~"",·~>--··:~··_",~-~·.;..v1-;"~~~~~Ji¡it.~1>-i!í./F VI.-CONSENT AGENDA . ITEM E.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July ]9,2004 o October 4, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 [8J October] 9,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August] 6,2004 o November 3, 2004 (Noon) October] 8,2004 c=J September 2], 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November], 2004 c=J Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal c=J Bids 0 UnfInished Business c=J Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Cormnission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-234. EXPLANATION: PROJECT: Sun belt Hydraulics (SPTE 04-008) AGENT: Joseph Houston, Kerns Construction, Inc. OWNER: C & C Realty Investments LOCATION: Lot 9 West Industrial Avenue DESCRIPTION: Request for a second one (1) year time extension of the site plan approval originally granted on August 6, 2003, fÌom August 6, 2004 to August 6, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developm t Depa 71 L) Ú~ Planning and Zo'ñillg1jirector ty Att e inance / Human Resources S:\P!anning\SHARED\ WP\PROJECTS\Sunbelt Hydraulics\SPTE 04-008\Agenda Item Request Sunbelt Hydraulics SPTE 04-008 10-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-234 TO: Chair and Members Community Redevelopment Agency THRU: Michael Rump~l.J.- Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: September 24, 2004 PROJECT: Sunbelt Hydraulics / SPTE 04-008 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: C & C Realty Investments Applicant! Agent: Mr. Joseph F. Houston with Kerns Construction, Inc. Location: Lot 9 of Boynton Beach Industrial Park North (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Industrial (I) / Industrial (M-1) Proposed Land Use/Zoning: No change proposed Proposed Use: A one (l)-story, 12,480 square foot industrial building with related parking for a business that services truck bodies Acreage: 1.44 acres (62,730 square feet) Adjacent Uses: North: Developed industrial property (Dock & Deck Lumber Company) with an Industrial (I) land use designation, zoned Industrial (M-1); South: Developed industrial property (Vermeer Southeast Sales) with an Industrial (I) land use designation, zoned Industrial (M-1) East: Right-of-way for C.S.X. Railroad, then farther east is right-of-way for Interstate 95; and West: Right-of-way for West Industrial Avenue, then farther west are single-family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R-I-A). . .-~,-._".__,-,,,__,_"..O~_~-'-;"'_"""""~~\;,J!~:Mr-"'·-"'-~h-Æ."'¡;;:-J:¡ -i.ßi-~f'~~-f¡¡g,~~.-it.':';;'~.,Q-~"·~""-"'-~·: ",-"",",'- .....-..1. -~""idiw. --~~--~ti>.iðifD:....~~~~..;;i.;¡,,¡""~:~~;';;-~,:'i<â'<~"'¿'~;:i.;~~~if;;;;-....i;~~~";6:'~~~~~~..::~~ . Page 2 Memorandum No. PZ 04-234 BACKGROUND Mr. Joseph Houston of Kerns Construction, agent for Sun belt Hydraulics and C & C Realty Investments is requesting a second, one (l)-year time extension on the new site plan approval (NWSP 02-008) originally granted on August 6, 2002. A previous one (l)-year site plan time extension was granted on October 21, 2003. According to the original site plan staff report (Memorandum PZ 02-128), the subject site was pre-cleared and predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance on-site. The subject property is surrounded by other industrial uses, and zoned M-1. The north property line is partially screened by a chain link and wooden fence. The project was approved for a 12,480 square foot building. The proposed business, Sunbelt Hydraulics, would be engaged in the installation and maintenance of (garbage) truck bodies and the repair of their seals, hoses, and hydraulic systems. The required parking was based on the ratio of one (1) space per 500 square feet of gross floor area. The site plan was approved for one (1) point of ingress / egress off of West Industrial Avenue. This driveway was to be located at the southwest comer of the site. The intent was for Sun belt Hydraulics to share this driveway with the property to the south. The property to the south, Vermeer Southeast Sales (NWSP 02-013), was approved on lots 6, 7, and 8 of Boynton Beach Industrial Park North for the construction of a 14,222 square foot building. Vermeer Southeast Sales is a business that services and sells construction machinery. Both Sunbelt Hydraulics and Vermeer Southeast Sales would share the driveway that is proposed on West Industrial Avenue. If this second request for site plan extension for Sun belt Hydraulics were approved, the expiration date of Sunbelt Hydraulics' site plan would be extended to August 6, 2005. ANALYSIS On August 6, 2002, the City Commission granted site plan approval for the above referenced project. At that time, Palm Beach County Traffic Division's Traffic Performance Standards Review was approved with a build-out year of 2002. In conjunction with the review of the first site plan time extension (SPTE 03- 003), Palm Beach County Traffic Division extended the build-out date to 2004. The applicant would be required to submit a revised traffic impact statement as a condition of this request for site plan time extension, since the build-out date of 2004 would expire prior to project completion. Additionally, the 24 conditions of approval for the original project would still apply with this request for site plan time extension. According to C~apter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for this site plan time extension on July 12, 2004, prior to the expiration date. On February 20, 2003, the applicant submitted drawings (Permit #03-0553) for the building and irrigation well (Permit #03-1452). Building Division staff reviewed the permit application and prepared comments to the applicant. A request for a time extension for the building permit application was submitted on August 6, 2003 and was set to expire on November 4, 2003, unless the site plan time extension was approved (which it was on October 21, 2003). Page 3 Memorandum No. PZ 04-234 In the initial site plan time extension request, the applicant stated in their site plan extension application that, "the budget for the project was reviewed and adjusted to reflect changes incorporated during the approval process and necessitated by existing site conditions. As a result of some of these changes, the adjustments to the budget impacted the project to the extent that the financial viability of the project became questionable. As a result, the owner found it necessary to suspend the project until he was able to work out the necessary financing". The request for a second site plan time extension was initiated due to the fact that a major customer of Sunbelt Hydraulics opted to re-bid their service contract. Without this client, the project became economically unfeasible. According to the applicant, once this issue was resolved, construction costs associated with the metal building had significantly increased. As a result, the building was re-engineered and was submitted into the permit review process on June 30th of this year. A permit was not issued by their deadline, thus necessitating the site plan time extension request and approval. The review did however indicate that a minor site plan modification would be required should the time extension be granted. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan approval (NWSP 04-008). This recommendation is based on the "good faith" effort shown to build the project (while in the permitting process), subject to the submission of an updated traffic impact statement approved by Palm Beach County and all previous conditions of approval. Furthermore, no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to August 6, 2005. As previously noted, all conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. Any new conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. Staff would not support any further requests for site plan time extension, if so requested, due to the upcoming rewrite of the Land Development Regulations. The site plan would be required to meet all new regulations at that time. S:IPlanninglSharedlWplProjectslSunbell HydraulicslSPTE 04-0081Staff Report.doc ~_ ~ _,_-___._".~,_o_~...w_....,.__,_;_.c_'OO;'~--i.__'.i-_.:r.."';:;........,;¡:"-','c!d~,-"':@';~_MJ<,;~:;~~L~c~~Üi,i¡¡¡,';;;.J~~~~&. ~-'~J'';''f",":¥..>r""",.--- "';;:¡,....---o.-,'o!i,:!--"-.taa~".....~D~..~~i:ii~~~~.:-,:ii'i3t~~~,-~....~iI/íì;¡¡~~~~~\.-~~~~1i~~~l~d;~;,.-~h~; Location Map EXHIBIT "A" Sunbelt Hydraulics I I I I I I 1-' Ii' 'I 'Ii I 1 ; 1/ ì : I.,L.J.! I I w ~--J-PID i · /1/ I I I ~I , ..... 'I I L.. ÖUY~ I~)N '- ..".-..., 'OJ ----¡--¡----¡ ------------- I = ! II \ R~¢ L Ii -: I !/I I ~Ji II.lJJ~Wljll rTTlI i ~ ----, I - = 1 : )1// ~I/''f I I Irmrrrmmr = ~ - _ - ~~ = frJ ! ~ ~II 1\ III I.I~^! ~,b4-L AJJ.I¡.:ITIIIIIllIIIII - - -,--- !---1Fª=d. ~ ~IDIIJIIITI ==r-e-"=~=,=. I; gl :" -':\' ~ - -ffi -I II ~ ,q: ,- - . I ! ~ DIIIIIIIIIIIJTI llLlJJJI[ - I L I 'I I\~ - · - f--- [I L ~ ~ I r-----tt .sSITEa- I / . =~!I II 1 ~ -1~r---1::¡; I' DIDIB1ffiJJ: I > I "": -, -- I ' ~ --3 -:µ. l~hJ';i; ... " . "'f"' :! B IVII ~ ~t II) ~ ~ f-- -;::::- :'- ~ I .nM~' "A"" 11< I I I ~!¡ ^' ¡j;: - j ----., - J I ~ I -l I :n ~\ = [I[[I / _I! _ _'== _I. CRi~Bour ary . =~~= ITIII ~ /- - -. r I~ I--q¡ f-- r¡--m T -I - f--U-LU ~ -- J I ~\~' - =1 I PU =~~ 0IIlJ 5~~'~/_-11=;r- I ~H~CTI ~'Ç: ~\~ I~~ c- ,r _ r--1 ~~ íTJI[ e. . . . 400 0 400 800 1200 1600 Feet ~N , W E I s I I (' . _. ..... _. EXH ISI1" "S" ¡ rr-...,¡ fl, I. r·, :( : ' LI' ,- ... 'I ~\ KERNS /r¡¡; (lLJlt I 220D4 CONSTRUCTION, INC. _'n_....._"- July 7, 2004ii >-.. '.. J; ,. . '.., . JUL ':VVIA l...·.. ~.- ,I LUCJlI I ' I ¡ . ¡ r'- r f ~ "l~__~__----._______---1 City of Boynton Beach L~':r":"~':!.'\~[~F [.E'iELOP;\.1I'rJl Office of Planning and Zoning ------- Attn: Ed Breese 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Sunbelt Hydraulics ~he ~ite. planaþproval forthëabove ref~renCédproj~ct is scheduled to expire on ~q-gí:is.f6;'2004. The plans for this project are currently being reviewed for isslJahcei::of ábliitàing permit. The project was delayed because a major customer of our client opted to re-bid contracts with all his suppliers and the loss of this customer would have made it impussible tö go forward with the project. When this uncertainty was resolved al)d the decision was made to go forward, metal building costs had undergone tlYe staggering increases imposed at the beginning of the year. Because of this, itwas opted to re-engineer the building for construction using tilt-up techniques, Because of designer backlogs, plans were not finalized until mid-June and were then submitted for review. The review process had been put on an overtime basis. Should the permit not issue before the August 6 expiration d~te, a one-year extension of the site plan approval is requested. . Enclosed, please find a check in the amount of $400.00 to cover the applicable fee. I , .",. ('. . . \lé'ry truly' Y,oúrs, . ,. """?Ji' .;,.... ~.. : ;r<:.:.····,.,·.·:-..'·' .; ".' .......-..'...._..~., .-.'......~ ", ~. .,.. " '.. "'.~ ,. .,.....". ~.:,.,:;,"c ..- .-. ,-_. -. , :·þ~=:~~~i~:~oust~.:::··· . /ÓÞ As Agent for Surlbèlt Hydraulics (C&C Realty Investments) /t Ö4 ~'\V P.O. BOX 8146 S ' 2720 WINDSOR AVENUE · WEST PALM BEACH, FLORIDA 33407 561-835-0963 · FAX 561-835-9485 ~'_..':;;c;/-.,.-~>.>tA<;¿-;.&~....J.'.l¡~~:.f~ôi~~b -~-.....,.,... -.;x~-"~;"";;i;~~~dë:~1;.:~¿;,~~~~,""""'.à';i-·~---J- ,:,,;,,-;¡¿,,;a;-.-'~.k:"'~!jJ.~~-ih~-~~~1i¡;¡~.~~~,,'~,jf~i.-1i~~~-¡'¡:;c~~.;k~A-.!.;.'::';;~~-.-;.-è_:;:--'<:~:,':':~ . EXHIBIT "C" Conditions of Approval Project name: Sunbelt Hydraulics File number: SPTE 04-008 Reference: AOl)licatlOn received Julv 12 2004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: X 1. Provide an approval letter from Palm Beach County Traffic Division for traffic concurrency, which extends the build-out date beyond 2004. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY Comments: 2. To be detennined. ADDITIONAL CITY COMMISSION COMMENTS Comments: 3. To be determined. S:\PIanningISharcd\ WplProjectslSunbelt HydraulicslSPTE 04-008\COA.do<: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sunbelt Hydraulics APPLICANT'S AGENT: Joseph Houston, Kerns Construction, Inc. APPLICANT'S ADDRESS: 2720 Windsor Avenue, West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Lot 9 West Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk J:\SHRDA T A \Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001- Revised.doc ·'',._:;;:-._.¡;_i:..-¡;'~~~-___--L...__.~____~,~i¡;'~-:k.~_.:.~..:~,~;;.:;it;¡'-~ :-f,,:.-i:~.Y'?;',.---,_,ii""::2_i..:;:¿,(,-,~~""1;;,¡~i_:.;;cirio#:j¡i~t,;-",'g~;~~-~~Ì;¡¡¡¡.~~·:lª~~~~~~t:i&i1~~~~_~#ó;,*.ä-á~.¡:~_~g:;;;;:_-;:::_t-;';..~,-;;;;,..{;;.4-__.~:'~)'" VI.-CONSENT AGENDA . ITEM E.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk's Office D August 3, 2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 [8J October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21 , 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative 0 Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 6 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-235. EXPLÅ.l~A TION: PROJECT: Boynton Beach Marina Townhomes (SPTE 04-007) AGENT: Bonnie Miskel, Ruden McClosky OWNER: TRG - Boynton Beach Ltd LOCATION: 743 NE 1st Avenue DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, fiom July 15,2004 to July 15,2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development Department Director ljC&) --& ~ ey inance / Human Resources P(anning and Zoning . ctor Ci Att S:\Planning\SHARED\ WP\PROJECTS\BO'r'NTON BEACH MARINA \COUS· Tovmhomes 03-003\SP 4-007\Agenda Item Request Marina TOWTIhomes SPTE 04-007 1O-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOR..\1.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-235 TO: Chair and Members Community Redevelopment Agency THRU: Michael Rump~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: September 29, 2004 PROJECT: Marina Townhomes / SPTE 04-007 REQUEST: Site Plan/Conditional Use Time Extension PROJECT DESCRIPTION Property Owner: TRG - Boynton Beach, Ltd. Applicant! Agent: Bonnie Miskel of Ruden McClosky Location: 743 NE 1st Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Mixed-Use (MU) / Mixed-Use High (MU-H) Proposed Land Use/Zoning: No change proposed Proposed Use: Townhouses Acreage: 26,076 square feet / (0.60-acre) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north city lift station and undeveloped land occupied by mangroves zoned Central Business District (CBD); South: Right-of-way for Ocean Avenue and farther south is developed commercial (Ocean Plaza shopping center), zoned Central Business District (CBD); East: Right-of-way for Northeast 6th Street (a.k.a Marina Drive) and the Intracoastal Waterway; and West: Developed commercial property (First Financial Plaza), zoned Central Business District (CBD). BACKGROUND Ms. Bonnie Miskel, agent for TRG - Boynton Beach, Ltd. is requesting a one (l)-year time extension, for the site plan and conditional use approval (COUS 03-003) originally granted on July 15, 2003. The property, zoned Mixed Use High (MU-H), is a part of the larger Marina Project, which is currently under :.h~j¡..&,¡:.:;¡.'t,~~~~~i:í~'-;'-j""'-<'~P¡'~'-~~~~~~);'ii:{'fi#;,¿:~~yr"m.i';''-¡:""'-~~~~~~~~-~~.k:~~~.:~:;;~-ili.i~~~~~i,~~it.~;.lb.¡-Y.'~"-;..'~;,;¡_~-",~,;_~__,;.;-d~.e; Page 2 Memorandum No. PZ 04-235 construction. The intent of the project is to construct eleven (11) townhomes on a parcel approximately 0.60 acre in size. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 15, 2005. The eleven (11) townhomes would be contained in two (2) buildings, one containing (6) units and the other containing five (5) units, and would be located on the south edge of the north marina. The townhomes would be three (3) stories with garage parking. Each unit is a two-bedroom model, ranging in square footage from 1,542 to 1,658 square feet. ANALYSIS On July 15, 2003, the City Commission granted conditional use approval for the above-referenced project, which was subject to 15 conditions. All project conditions of approval pertaining to the conditional use would still apply. Palm Beach County Traffic Division has previously approved the project for traffic concurrency with a build-out date of 2005. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on July 6, 2004, prior to the expiration date. After Commission approval, the Related Group was concentrating their efforts on preparation of construction drawings for the larger portion of the project, the residential towers, retail component and parking garage. Due to the complexity of the project, it took nearly the entire year to complete the plans for the towers and garage, working with other agencies under the requirements of a mediation agreement. As a result, the town home plans were not completed within the one-year timeframe and no permit issued. Since the permits have now been issued for the larger, more complex portion of the project, the town homes have become the focus of The Related Group's efforts and they are confident they will secure a building permit within this extended period. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan and conditional use approval (COUS 03-003). This recommendation is based on the "good faith" effort shown to build the overall project, the fact that traffic concurrency has been maintained, and no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2003. Approval of this request for site plan and conditional use time extension would extend the project's expiration date to July 15, 2005. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. No new conditions of approval are recommended in conjunction with this extension at this time; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\PIanninglShared\WpIProjectslMarina Townhomes ISPTE 04-007\Slaff Report.doc Location Map EXHIBIT "A" Marina 1 , ; I I" f-- I HII I 1/ lEi] D /......'i< .;' / '.-- D I I J- ~ If'....'......... 1 .' .... . F I ---¡ - 1 m ----j _ f--rq~L .. _ .' " ,..... I ; I I 1'<1 I.. ~ fA U .~........:m. . '. . ......... .. J I' Il-;'-- .... - i- /,.,.. ,., C- ~ <- J R ..........'...'.....::..~.:.'.........';......... .·~.~.i. :." I B= U t.:[~i'I .. .,.¡ : I LL í 'I I = CB'ÈJ lSITEI K &¡è"")'V ' ',. '~ I I ~ I~ [[IJ7 [OJ ;t{ I I I I ¡¡ I - -:-.~.. //i'i (I ITIT I b I '-J D ,,~ ;r ~.CI~' ¡We .... :;'..; I I, I , II D ,"-JI! I . III ,,'Y'f'J§N[IIDJ I I uu ¡:: 'T'¡::, .6.\. '.-'- RE'" II....,' 1~:ß[][] QI I I····)/~ . \ " I I P-1 I - ¡:=q¡¡ .~ J .J .-', ..... .........( LLLLLLLLl ¡In ì =~ I CIIJIIII i BIIIIB n ~ __L.._ 1 ..,...)........J.... I J.L H ~ I I ·····BIIIJJJI ¡ I I I--- crr=IJD r- ~ I ..... I ~ I I r DTIIID J~ ;', ì . f"Y IT , I ~-= ; E3 --. ¡'-II I BillJIIJJ I I fI', ~ . ................ 0 r KIIJ'IL " ~ T I 1 H ~.'m H\~ N . ~ 0 - _ ",00 F~ "-«' ----------~ .'~~"-~"!Ii~~~- '''~\I--t,i...~-~~,¡¡;,dii.::.d''¡¡!ic:-;'\,,''''''~-~ ~'~"""'-~;-;;""'~:"~~~~':~·iiri¡,;¡N1>"¡<M~:':"~~ '>f':_"~-k~~~,-_~/¡jd,ø¡'¡,s.;¡-¿'¡'Ki!fr:~~~~~~~~~~~~i~;~~k~~Û~~;;:'~,i;~,.i!_,~__~i_~c;,:..k-~-'"~~'-"-,,,;;=""",_;"':'¡_J_';'-.'.'_ EXHIBIT "B" 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 J Ruden POST OFFICE BOX 1900 ~~ McClosky FORT LAUDERDALE, flORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIE.MIS KEL@RUDEN.COM ........."""1 July 2, 2004 ~'ç\ r~ Œ_lli__n_Uî \ n \ \ .\ c' :~d_"_" I i II, Michael Rumpf, AICP ~\/)\ JL .. \~ Planning & Zoning Director ,¡;"\! - J 100 E. Broward Boulevard \ \."~.\: Boynton Beach, FL 33401 \ L- PL~W~¡NG AND \ ZO~i\G OEP1 RE: Marina Townhomes - Request for One Year Time Extension Dear Mike: On behalf of The Related Group Boynton Beach, Ltd ("Related"), we respectfully request a one-year time extension on the Marina Townhomes site plan. As you know, Related has been busy preparing construction drawings for the residential towers and the parking garage. These plans have been submitted to the City for review and issuance of building pennits. This has been the focus of effort for the past year, and Related is now able to direct its attention to the Marina Townhomes, which are a minor part of the overall project. Due to the complexity of the project, we are confident that the City will understand the delay in obtaining building pennits for the Marina Townhomes. We respectfully request a one- year time extension, until July 15, 2005, to secure a building pennit for this part of the project. This extension is still in keeping with the project's buildout date of December, 2005. Thank you for your consideration of this matter. Sincerely, ~ Bonnie L. Miskel BLM/kkg WPB:180912:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS· FT.lAUDERDALE . MIAMI· NAPlES· ORlANDO· PORT ST. LUCIE . SARASOTA. ST. PETERSBURG· TALlAHASSEE. TAMPA. WEST PALM BEACH EXHIBIT "C" Conditions of Approval Project name: Marina Townhomes File number: SPTE 04-007 Reference: Annlication received Julv 6 2004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X I Connnen"': None UTILITIES I I I X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: X l. All previous Conditions of Approval ftom CaDS 03-003 are still in force. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY Comments: 2. To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: 3. To be determined. S:\PJanninglSharcd\ WplProjectslSunbelt HydraulicslSPTE 04-008\COA.doc q:l~-- ,.",'", ..----,--~,;~-:-, ~-""'-"'.,.,'<=.c~~:Mft'-'--.,-- '~:a: - ----- -';'C,",'__- --.....~.·..-;""w~->o;~,. <-..~ ;¡....--~---iJ>,--~:~-,iki"......i:".r...-~~ß~îWil1"~:¡<r--~rk"",,-.,~:2£~'~k~~~t.c~.q.:t::&:~';~~~,~~~];'~ò'.ii-it.-~~i~";":ho-~~~_"'<'';¿;''t-:k,":";"-¿;'.0. :;.t.":;' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Marina Townhomes APPLICANT'S AGENT: Bonnie Miskel of Ruden McClosky APPLICANT'S ADDRESS: 200 East Broward Blvd., Ft. Lauderdale, FI 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19,2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: 743 NE 1st Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001- Revised.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM· r: AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 [8J October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize repair to private property due to utility system damage. EXPLANA TION: Please see attached memorandum trom City Manager detailing incident that occurred during Hurricane Frances causing damage to private property at 1218 Isle Ct. and 1232 Gondola Lane. PROGRAM IMP ACT: City Manager believes the situation surrounding this incident to be unique and without precedent. However, in future storm events because the City cannot respond during the height of the storm, possible future claims of damage to private property due to water main breaks are possible. These would need to be reviewed on a case-by-case basis. There was no negligence on the part of the City. FISCAL IMP ACT: Estimated cost to the City to restore the private property damage is approximately $12,000. This is in addition to the cost of restoring the damage to public property and restoration of the finger canal. AL TERNA TIVES: Follow past practice of the City and deny claim for damages to private property owing to the damages not being caused by negligence of the City. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager@;ci.boynton-beach.fl.us www.ci.boynton-beach·fl·us To: Mayor Taylor Vice-Mayor Ferguson Commissioner McCray Commissioner McKoy Commissioner Ensler . ~ JJP} From: Kurt Bressner, City Manager \ . · Date: September 29, 2004 Subject: Recommendation on Property Damage Case On Saturday, September 4th during the early part of Hurricane Frances, a very large banyan tree fell onto Venice Drive adjacent to the homes of Ms. Veronica Muller of 1218 Isle Ct. and Mr. Steve Worrall, 1231 Gondola Lane. The two homes back up to a City-owned finger canal that runs · perpendicular to Venice Drive. (see map.). When the tree fell, a six-inch water main that apparently was entwined in the root system of the tree also broke causing flooding. This was at the early part of the storm after we had pulled our staff off the street. Because of the need to keep our personnel safe, we could not respond to the neighborhood until Sunday morning. Our initial response to the neighborhood was at about 7:30 AM on Sunday where we encountered heavy tree damage, an impassible street and downed electric and phone lines entwined in the downed trees. The City was able to shut off the water main by mid-morning, Sunday, September 5th. This meant that the open water main flooded the Muller and Worrall property causing substantial damage to a fence and erosion of the back yard of Ms. Muller along with heavy siltation of the canal. Ms. Muller and Mr. Worrall feel the City is responsible for the damage to their property owning to the fact that they feel the City failed to respond in a timely manner to shut off the broken water main. Under normal circumstances, the City's Utility Department could respond quickly. The hurricane and the length of time the storm was in Boynton Beach made it impossible for our staff to safely respond to the scene. · I became aware of the situation late on September 21,2004. The Utility Department staffhad been working with the residents since Hurricane Frances. I personally visited the scene on September 22, 2004 and discussed the matter with Ms. Muller and Mr. Worrall. I explained that if the tree was on private property as was reported by Utilities, we would have no liability for damages. I also confirmed to them that it was proper for the City Utility Department to not respond during a hurricane due to protect the staff from injury. This did not make . . __ ___A_____~__~._~~_~_.. __ _.....,._-.~___.__~~ ~ ____~_">H ,- -~-~.. ------~--..._,-.-....".-- either resident very happy. I promised to have the Engineering Department verify the location of the tree. Subsequent to my site visit, I asked the Engineering Department to ascertain ifthe banyan tree that fell causing the water main break was on private property or on the Venice Drive right of way. If the tree were on private property, the City would take the position that the damages to the Muller and Worrall property were not the responsibility ofthe City. We were able to determine by September 23,2004 that the tree was indeed on City property. The initial report from Engineering was that the tree was on private property. I sent the Engineering Department out again to verify the measurements and by that afternoon we were able to verify the tree was on the Venice Dr. right of way. Because another storm was approaching, I directed the Utility Department to take necessary steps to stabilize the water main break area with granular backfill and to move as much of the vegetative debris as possible. This was done on Friday, September 24th. To my knowledge, this work helped minimize additional siltation into the finger canal. Q After the second hurricane (Jeanne), I asked Risk Management for an opinion ofliability based on the fact that the banyan tree was on the City right of way. Chuck Magazine, Risk Manager advised me that the City would not be responsible for the damages to the Muller or Worrall property owning to the fact that the incident was caused by an "Act of God." While I accept this determination, I believe there are extenuating circumstances owing to a required and necessary delay in the City's response to the initial water main break on September 4th. It was proper for the City Utility staff to decline to respond in the middle of a dangerous hurricane. However, the circumstances contributed Q to the damages to the City and private property. Accordingly, I request authorization to have Risk Management work with the two property owners for the restoration of their property using private contractors. I estimate the total cost of fence restoration, landscape repair and other actions on private property to cost approximately $12,000. This is in addition to the City's cost of restoring the finger canal and the damage to the right of way. This cost would be borne by the City. Q This was a very unusual circumstance, without known precedent. Q Cc: James Cherof, City Attorney Wilfred Hawkins, Assistant City Manager Nem Gomez, Interim Utility Director Chuck Magazine, Risk Manager Q 2 America's Gateway to the Gulfstream 1G' b <t.--8-G-¥ -N-+--G-N- - ~:r: r-=- ~- - - - - - ~5G.39· . 0 . ,ß N.Lineof Lots S6and 5S.;::::::r-S.B7·42ØT G52;~' - - - 't' . '"'b.1 80' SO.' " 80~; . Ò $2- 0 cP o· (5 I In 2 3 4 5 lJ) 6 LÖ - - 7 90' - - - .ò &0. 81.74' ~ 80' H " 80' f 0 76,22' .......~. 0 CA NAL 0 t9 to 5281' ~~, 10204' I::; 49 50 g 51 0 S2 0 I ~ 75' . 0 N 60' 0 COURT g 45 00 , A L I I 100' I (ì II.> I '+ tT' , I C ~ 42 I I ().- 41 ' I EItJ40 I() L : I (/)0 I I~ L- , 1-lÎ)~ 75' I I lao' LANE 0 ~ II) - ISO' S~~?P 6313 4$ 60103.4630' 'B: .- _~_.~_~........-~...."..o.-.__.........<..-,..,-,.:."",,-<-- - ,-- -=~--~- ._~-~~-..-... _~.___,~._..r' _.."'_'_"_'__0_"" - - " .,,"'-- VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19, 2004 D October 4, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 ['8J October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 181 Public Hearing 0 Legal 0 Bids 0 ünBrúshed Business - ._--~ -- -- _._-~ --'-- 0 Announcement -9 r;~.:;~~~~t-iC;} 0 City Manager's Report ------" --- _.___.-.-...c~_ RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-237. EXPLANATION: PROJECT: Gateway Shell (COUS 03-007) AGENT: Beril Kruger, Planning & Zoning Consultants OWNER: Suau Enterprises, Incorporated LOCATION: 2360 North Federal Highway DESCRIPTION: Request for conditional use / major site plan modification approval for a 681 square foot building addition to an existing gas station / convenience store on a OA8-acre parcel in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: JØt N/A 11££{ Development ðepartment Director AJlJ( ~~ City A 0 / Finance / Human Resources Planning and Zo . g ITector S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\COUS 03-007 (revised )\Agenda Item RequestGateway Shell COUS 03- 007 IO-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Ce') eN 00 ~~ M ~ ~ ~ .~~ I I l.s~ ~~ ~ ~ ~ men c(~~ 0 0 0 ~ 0 0 ~ ~ ~§ c c c ø C C œ ~ ~~ ~2 ~ ~ ~ Õ £ £ Õ Õ ~~N (,)"c ::::!:::::!:::: >:!:::: :=:: > > co:=¡ .~ ~ ¡:;:- ¡:;:- ¡:;:- ~ ¡:;:- ,:;:- ~ ~:§ ~~ ~q ~ ~~ ~~ ~~ 0 ~~ ~~ 0 0 ~mõ >('1) Õ O. 01 O. ii o. o. 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Ero Eª E~ Eo ~o ~c_ ~c gæ ~Q) ~.~o ~u ~ro ~cu ~~ :E N => ro ~ ;> ro ro :,:' .- - .- o.!:: .- m .- 0 .- u .- Q) en Q) __~ ~o ~o~ ~_ ~cn ~en - :J~ I: ø> .~ E g¡ .~ E 'Ë ë :if N :if C ~ :if ~ ~ :if -g :if -g ~ :if £ R- a~- Oe -e _- _roc _OC _- __c -~ ~~ ,-0 ~ ~_ ~O ~oro ~ -- ~~ ~~.- ~0 .- CD E.o ES ~ 0 _ N M ~ ~ ~ M OU ~~ ~~ ~~ M- M~ M- ~~ M~ ~N 00 ~oo ~oo ~oo ~oo ~o- ~oo ~oo ~oo ~oo DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-237 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP ~ Planner DATE: October 5, 2004 PROJECT: Gateway Shell (fka Gateway Texaco) / COUS 3-007 (revised) REQUEST: Conditional Use approval for a 681 square foot addition to an existing gasoline dispensing establishment - - ----.-.-.. --- ~ ----..~~-_._. -- .._- ~-..--- -- - -~ ~"PRO:JECT DESCRIPTION Property Owner: -- --5UAU Enterprises; Incorporated -- Applicant/Agent: Mr. Beril Kruger of Beril Kruger Planning & Consultants Location: _2360 North Federal Highway (see Exhibit "AfT - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 681 square foot addition to an existing gasoline dispensing establishment Acreage: 0.48 acres (20,830 square feet) Adjacent Uses: North: A multi-family residential property zoned Community Commercial (C-3); South: Right-of-way for Las Palmas Road, and farther south are single-family attached townhouses (The Harbors), zoned Infi" Planned Unit Development (IPUD); East: Vacant commercial lot, zoned Community Commercial (C-3), and farther east is a single-family residential dwelling (part of Las Palmas development), zoned Single-family residential (R-1AA); and Gateway Texaco - COUS 03-007 Page 2 Memorandum No. PZ 03-228 West: Rights-of-way of U.S. 1 and the Florida East Coast Railroad, farther west developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Beril Kruger of Beril Kruger Planning & Zoning Consultants, agent for SUAU Enterprises, Incorporated is requesting conditional use / major site plan modification approval in order to construct a 681 square foot building addition to an existing gasoline dispensing establishment. The applicant is also proposing new parking spaces, new landscaping, and a general "make-over" of the exterior facades of the existing building and canopy. However, the number of gasoline pump islands and fueling positions would remain unaltered. The proposed building expansion is being considered for conditional use approval because gasoline dispensing establishments are only allowed as conditional uses in the C-3 zoning district. Also, it should be noted that this particular gas station is a legal non-conforming use because it is currently licensed as a fully functional, operating gas station, but does not meet the location criteria for gas stations as outlined by Chapter 2, Section 11.L.3.a.(2) of the Land Development Regulations. The aforementioned code requires gas stations to be located only on parcels at intersections "consisting of roads of four (4) lanes or wider"; Las Palmas is only two (2) lanes wide. In 2002, Mr. Beril Kruger, acting on behalf of Mr. Zuhair Marouf, expressed a desire to construct a building addition (for storage) to the existing gas station building, in part, to satisfy outstanding code enforcement violations. At the time, a drive aisle (direct access) was proposed between the subject lot and the lot directly to the east, which was previously earmarked for a mechanical car wash. The direct access was proposed in order to minimize vehicular traffic spilling onto Las Palmas Avenue. Mr. Kruger's inquiries were based on the presumption that the proposed 681 square foot expansion would be permitted (by right) and that direct access to the abutting lot (to the east) would only require site plan review. However, after careful consideration, staff determined that the building addition would not be permitted (by-right) because it would represent an unlawful expansion of a legal non-conforming use (a gasoline dispensing establishment). Furthermore, in response to Mr. Kruger's inquiries, on July 16, 2002, the Director of Planning & Zoning issued an administrative determination letter that basically prohibited the applicant from increasing the size of the gas station building because by doing so, would constitute a violation of Chapter 2, Sections D and G of the Land Development Regulations. Regarding the direct access between lots, the Director determined that the proposed driveway connection between the subject lot and the lot directly to the east would be permitted subsequent to site plan review. However, the direct access would only be allowed contingent upon the recordation of a legally binding cross-access agreement between the subject lot and the lot directly to the east. On July 31, 2002, Mr. Kruger submitted a formal appeal of the staff's aforementioned administrative Gateway Texaco - COUS 03-007 Page 3 Memorandum No. PZ 03-228 determination. According to the applicant, "in summary, the appeal justifies the proposed expansion by the position that retail sales at this business is a separate component from the non-conforming aspect- gasoline sales, which component can therefore be altered I expanded independent of the gasoline sales element of the business". Again, staff disagreed with the applicant's position. However, the City Commission approved the applicant's appeal with the condition that the expansion would be limited to 600 square feet. On June 17, 2003, Mr. Kruger submitted a request for conditional use I major site plan modification approval and its accompanying nine (9) variances for the construction of the building addition. Both staff and the CRA reviewed the site plan and the variances and recommended approval contingent upon 43 conditions of approval, one of which, limited the building addition to 600 square feet. On October 21, 2003, the City Commission approved their request for conditional use I major site plan modification and the accompanying variances. However, on November 18, 2003, the City Commission rescinded their previous approvals. Therefore, this submittal for major site plan modification and accompanying nine (9) variance requests represent the applicant's continuing effort to construct the building addition. Staff provides both an analysis and recommendation for each variance request in their respective staff report. If approved, the construction of the addition, parking lot, and façade improvements would occur in one (1) phase. It should be noted that the difference-between this submittal and the original submittal as described above, is that the proposed car wash on the abutting lot (to the east) has been abandoned. As such, the drive aisle that was to connect to the lot to the east has also been eliminated from the design. The existing building in conjunction with the proposed expansion would equal 2,319 square feet (1,719 square feet plus 600 square feet). STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.0 of the land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Community Redevelopment Agency and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions 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 deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. No driveway openings are being altered as a result of this major site plan modification. The site plan (sheet 1 of 4) shows that there are two existing (2) "curb drops" on North Federal Highway. Gateway Texaco - COUS 03-007 Page 4 Memorandum No. PZ 03-228 According to Chapter Z Section 11.L.3.d. (lJ driveway openings for gas-stations are required to be located at least 120 feet from the intersection of the right-of-way lines along streets of higher classification (North Federal Highway). According to the site plan, the northern ''curb-drop'' is located 102 feet from the intersection of North Federal Highway and Las Palmas A venue. The southern ''curb-drop'' on North Federal Highway is located only 23 feet from the intersection of U.S. 1 and Las Palmas A venue. The proposed building addition is a major site plan modification and therefore, the entire site would have to comply with today's code. However, the applicant is not proposing to alter the driveway opening and is requesting a 97-foot variance (ZNCV 03-010) from the 120-foot requirement (see Exhibit "c" - Conditions of Approval). This single variance request would be applied to both non-conforming driveway openings. Staff supports this variance request (see Staff Report ZNCV 03-010). According to Chapter 2, Section 11.L.3.d. (3) of the Land Development Regulations, driveway openings shall not be located less than 30 feet from any interior property line. The northern driveway on North Federal Highway does not comply with this requirement because it is located only 21 feet away from the interior north side property line. Therefore, the applicant is requesting a 10-foot variance from this restriction (ZNCV 03-011). Staff supports this variance request (see Staff Report ZNCV 03-011). Also, the supplemental regulations for gas stations limit the number of driveway openings to one (1) per street frontage. The subject site has two (2) driveway openings on North Federal Highway. The applicant is requesting a variance (ZNCV 03-012) from Chapter Z Section 11.3.d(4) to allow for these two driveway openings. The Engineering Division reviewed the site plan and recommended that no closures should occur to any of the openings due to the proposed on-site traffic circulation and the completion of the Harbors townhouse project. Therefore, staff is recommending approval of this variance request to allow two (2) driveway openings (see Staff Report ZNCV 03-012). In any event, all three variance requests regarding the existing driveways would require review and approval by the City Commission. The site plan (sheet 1 of 4) shows an existing driveway opening is located on Las Palmas A venue. This opening is currently located 32 feet from the intersection of the right-of-way lines and complies with the Land Development Regulations. No change is proposed to this opening. The sUlYey shows that there is no sidewalk along Las Palmas A venue. However, according to Chapter 6, Article .ltI, Section 10. T of the Land Development Regulations, a sidewalk is required within this right-of-way. A sidewalk would also be required within the right-of-way (of Las Palmas Avenue) in front of the abutting property to the east where the car wash is proposed (NWSP 03- 011). The site plan (sheet 1 of 4) shows the sidewalk but the civil engineering drawing does not. At the time of permitting, the civil engineering plan shall show the sidewalk so that it matches the site plan (see Exhibit "c" - Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The required parking has been tabulated based on a gasoline dispensing establishment use. The ratio utilized is one (1) space for each 250 square feet of the gross floor area. Based on this methodology, the proposed expansion, coupled with the floor area of the existing building would require 10 parking spaces. The required number of parking spaces needs to be accurately shown on the site plan (sheet 1 of 4) tabular data (see Exhibit "c" - Conditions of Approval). The site plan Gateway Texaco - COUS 03-007 Page 5 Memorandum No. PZ 03-228 shows that 12 parking spaces would be provided. The applicant intends to re-stripe the existing spaces and create three (3) more spaces at the northeast corner of the property. The backup distance behind the newly created parking spaces would adhere to current dimension standards. However, one (1) of the existing parking spaces would encroach into the required 10-foot wide perimeter landscape buffer along the north property line and would therefore/ require the approval of the accompanying variance request (ZNCV 03-017). 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The survey shows that the dumpster is currently located one foot from the south property line at the southeast corner of the property. The site plan (sheet 1 of 4) shows that the dumpster would be moved five (5) feet away from the south property line and one (1) foot - eight (8) inches from the east property line. It would be located within a dumpster enclosure as per code. It should be noted that staff would prefer to have the locaäon of the dumpster enclosure be away from highly visible areas such as near adjacent rights-of-way. However, staff acknowledges that the current site layout (i.e. building/ parking space/ driveway openings) limits the number of choices for its relocation. The present locaäon facilitates the efficient removal of trash and that this efficiency could be jeopardized if located elsewhere on the site. -,- - - ----- -- - -- - - ~ Utilities, with reference to locations, ~Vailabil!t:y, é!nd_comp_a!!bility. .- - ---~--- - --- Consistent with Comprehensive Plan policies and city regulations/ all utilities/ including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with- reference to type, dimensions, and character. The subject site had been previously developed as a gas station with related parking areas under former, less stringent standards for gas staäons. Therefore/ the existing landscape buffer areas are non-compliant. According to Chapter 2/ Section 11.3.f(1) of the Land Development Regulaäons, a ten (10) foot wide landscape buffer is required along both North Federal Highway and Las Palmas A venue. The buffer is required to contain a tree every 30 feet A conänuous row of hedges and flowering groundcover are also required. The intent is to screen the vehicular use areas from the public rights-ot-way. The landscape plan (sheet L-l) shows that no change is proposed to the driveways or parking areas. Basically, there is no landscape buffer along North Federal Highway. Since 10-foot wide landscape buffers are required along rights-ot-way, the applicant is requesting a variance (ZNCV 03-016) from the code to have no landscape buffer along North Federal Highway and a five (5) foot wide landscape buffer along Las Palmas Avenue (see Exhibit "C" - Condiäons of Approval). As in the case with the driveway openings/ since both landscape buffers are less than 10 feet in width/ one (1) variance request would apply to both buffers. The justification lies in the fact that if a 10-foot variance were approved to allow for a zero (0) foot wide landscape buffer, then that same variance approval would nullify the need for a five (5) foot wide buffer. Staff is recommending approval of the variance request due to the unavoidable site constraints (see Staff Report ZNCV 03- 016). However, staff is recommending approval with the stipulaûon that in the southern landscape buffer (along Las Palmas Avenue), the proposed row of Ixora 'Nora Gran~ shrubs be 36 inches in height at the äme of installaûon. Also/ staff is recommending, where possible, additional screening be provided (i.e. planters) along North Federal Highway (see Exhibit tiC" - Condiûons of Approval). Gateway Texaco - COUS 03-007 Page 6 Memorandum No. PZ 03-228 As always, the variance request would have to be reviewed and approved by the City Commission in order to allow for a deviation from the Land Development Regulations. According to Chapter 2, Section 11.L.3.f.(2), a landscape buffer 10 feet in width is required on along all interior property lines. tñe landscape plan (L-1) shows existing landscape buffers along the north and east property lines. However, the existing landscape buffer along the north property line is approximately one (1) feet - six (6) inches in width at its narrowest point (due to the existing parking spaces) and does not comply with the la-foot wide buffer requirement. 7ñerefore, the applicant is requesting a variance (ZNCV 03-017) from the aforementioned Land Development Regulations to reduce the landscape buffer by eight (8) feet - six (6) inches in order to allow a one (1) foot - six (6) inch wide landscape buffer in lieu of the required la-foot wide landscape buffer. 7ñe variances justification and analysis is provided in the respective staff report. Staff supports this encroachment into the required north landscape buffer, in part, because the parking lot already exists. However, staff opposes allowing any new spaces / areas of vehicular encroachment. Again, the variance request would have to be reviewed and approved by the City Commission. 7ñe north landscape buffer would contain Sl1ver Buttonwood shade trees and Cabbage (booted) palm trees. Also, a row of Redtip Cocoplum hedges would be installed at the base of the trees. 7ñe east landscape buffer would contain Green Buttonwood and Pigeon Plum shade trees and Cabbage palm trees. Again, a row of Redtip Cocoplum hedges at the base and on the inside of the existing six (6) foot high concrete wall. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. 7ñis conditional use application proposes wall signs on multiple facades. 7ñe elevation pages (sheets 3 and 4 of 4) show the existing wall signs with the proposed wall signage. 7ñe maximum allowable wall signage area would be based on the length of the front building façade facing North Federal Highway. According to Chapter 21, Article Iv, Section 2.C of the Land Development Regulations, the maximum area for all wall signs shall be one and one half (1 V2) square feet of sign area for each one (1) foot of linear building frontage. 7ñe elevations do not indicate the proposed cumulative wall signage area. As proposed, it appears that the wall signage area would not comply with the maximum allowable signage area. Staff's goal is not to regulate the content of the sign but rather to ensure compliance with code and to maximize sign aesthetics thereby preventing project signage from degrading the development's appearance. In order to reduce the wall sign area and upgrade the overall appearance, staff recommends eliminating all non-word depictions (Shells corporate logo which is a yellow and red seashell) that do not directly correspond with wording (see Exhibit "c" - Conditions of Approval). Chapter 21, Article III, Section 5 requires all freestanding signs to be located at least 10 feet from the property lines. Also, in this location, the freestanding sign is limited to eight (8) feet in height. 7ñe existing pylon sign, which is no longer allowed by code, is currently located only five (5) feet from the property line and stands over 33 feet tall. Its on-site location is shown on the survey and site plan and its elevation is shown on the attached 8 V2 by II-inch sheet. 7ñe applicant is proposing to change the sign copy area to this non-conforming structure. 7ñe pole sign is non- conforming because it is not a "monument" style; it exceeds the height limitation and does not meet minimum setback requirements. 7ñe structure must be setback at least 10 feet from the property Gateway Texaco - COUS 03-007 Page 7 Memorandum No. PZ 03-228 line(s). However, no existing sign area is shown on the attached sheet. Therefore, it is unclear if the proposed signage area would comply with Chapter 21, Article Iv, Section 2.B of the Land Development Regulations. The code allows for a maximum of 64 square feet of sign area (see Exhibit "c' - Conditions of Approval). Since the structure is non-conforming due to it currently being located within the required setbacks, the applicant is requesting a five (5) foot variance (ZNCV 03- 023) to allow the sign to be located five (5) feet from the property line rather than 10 feet as normally required by code. In this instance, staff is recommending denial of the applicant's variance request (see Staff Report ZNCV 03-023). The structure can be removed, reduced in height, and relocated on the property so that it would still be highly visible from the rights-ot-way while complying with today's setback, height, and cross-visibility restrictions (see Exhibit "c" - Conditions of Approval). This improvement could be made without interfering with the operation of the business. The variance request would require City Commission review and approval. 7. Required setbacks and other open spaces. The existing building meets the setback requirements of the C-3 zoning district. However, the proposed building addition would not meet the rear setback requirements. The required rear setback is 20 feet. The proposed building addition would encroach into the setback by 10 feet. Therefore, the applicant is requesting a 10-foot variance (ZNCV 03-013) from Chapter 2, Section 11.L.3.e.(3) to allow the ~ddition to encroach into the required 20-foot rear setback. As previously mentioned in the Background section of this staff report, the City Commission approved the applican~s Administrative Appeal (ADAP 03-001) to allow a 600 square foot addition. The size of the proposed building addition (681 square feet) is not consistent with the previous City Commission approval (600 square feet). Staff is recommending denial of this variance request (see Staff Report ZNCV 03-013). The proposed addition should be configured or reduced to meet the setback requirements of the C-3 zoning district and therefore, avoid the need for a variance. Since this is a major site plan modification, all structures (including the canopy and fueling pumps) are required to meet setback requirements. The existing canopy over the gas pump islands does not meet the 20-foot setback requirement. The existing pump islands do not meet the 30-foot setback requirement. The applicant is not proposing any changes to the canopy structure other than cosmetic enhancements. Therefore, the applicant is requesting a 1 0- ~ foot variance (ZNCV 03-14) to allow the existing canopy to be located nine and one-half (9 -~) feet from the west property line instead of 20 feet as required by code (see Staff Report ZNCV 03-014). Also, the existing pump islands are located only 19 feet -10 inches from the west property line. Therefore, the applicant is requesting a variance (ZNCV 03-015) to also allow the gas pump islands to be located closer to the west property line rather than the 30 feet required by code (see Exhibit "c" - Conditions of Approval). Again, staff is recommending approval of both variance requests. As always, they would require City Commission review and approval. 8. General compatibility with adjacent property and other property in the zoning district. The proposed use is a conditional use in the C-3 zoning district. Although auto-intensive in nature, the use is generally compatible with the use of the abutting property to the north. The property directly to the east is vacant and zoned C-3. This vacant lot was previously earmarked for a mechanical car wash (also originally rescinded similar to the subject request). The property south of Gateway Texaco - COUS 03-007 Page 8 Memorandum No. PZ 03-228 Las Palmas Avenue was previously zoned C-3, the same as the subject property. However, it was rezoned from C-3 to Infill Planned Unit Development (IPUD) for the construction of over 50 fee- simple townhouses. Unless properly buffered, a gas station use could be incompatible with a residential use. Buffering would include extra landscaping or a buffer wall. Las Palmas Avenue and a proposed five (5) foot wide landscape buffer separate the existing gas station from the Harbors townhouse project A gas station is a compatible use with other uses in the C-3 zoning district The proposed building expansion (for extra storage area) would be compatible with both commercial and residential uses. The proposed building colors would be compatible with the existing and proposed buildings within the immediate area. The elevations indicate the proposed colors to be dark green (Benjamin Moore - Chrome Green), white (Benjamin Moore - Brilliant White), and gray (Benjamin Moore - San Antonio Gray). 7ñese are the corporate colors and are recognized nationwide. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. 7ñe maximum allowable height for the C-3 zoning district is 45 feet. 7ñe existing building was designed as a one (1)-story structure. tñe top of the existing canopy is 16 feet - nine (9) inches in height. tñe elevations show that a ''custom clad metal framed decorative element" is proposed at 20 feet - six (6) inches in height 7ñe building and canopy are well below the maximum height limitation and are compatible with the surrounding properties. However, the non-conforming freestanding pole sign would be incompatible with all signs in the C- 3 zoning district and neighboring properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. 7ñe existing gas station represents one (1) of three (3) licensed Shell stations throughout the City Of Boynton Beach. 7ñe "Shell Branded Store" is located at 301 North Congress Avenue and the other Shell is located at 111 East Woolbright Road. tñe nearest gas station to the subject property would either be the Mobil gas station, located on the southwest corner of Gateway Boulevard and High Ridge Road or the Citgo gas station, located at the southwest corner of Boynton Beach Boulevard and Federal Highway. Therefore, the subject gas station represents additional convenience and choice for the City residents, which is not offered elsewhere in this area of the city. 7ñe applicant states that "there are no detrimental economic effects on adjacent and nearby properties and the city as a whole'~ 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). The existing use and site is non-conforming in many ways. If all requested variances are approved and all staff comments are addressed, the proposed project would comply with all requirements of applicable sections of the city code. However, staff is recommending denial of two (2) of the nine (9) requested variances and that these aspects of the site be retrofitted to comply with city regulations. Gateway Texaco - COUS 03-007 Page 9 Memorandum No. PZ 03-228 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein the proposed storage addition to the existing gas-station would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION The City Commission approved the applicant's Administrative Appeal (ADAP 03-001) to allow a 600 square foot storage addition to the existing gas station. The existing use (gas sales) and site is non- conforming. The building addition represents a major site plan modification, which requires that the entire site be brought into compliance with current code. However, the applicant is only proposing to expand the building area to accommodate the extra storage area and has no intention of improving the remaining portion of the site to bring it into compliance with today's standards, which would also be cost prohibitive or even impossible due to site constraints. To remedy the situation, the applicant is requesting 9 variances that address the non-conforming aspects of the subject site. However, the proposed area of the addition is not consistent with the area that was conceptually approved by the City Commission. Furthermore, the proposed expansion itself does not comply with the setback requirements of the C-3 zoning district. This is a situation where staff concurs with the applicant's justification for seven (7) of the nine (9) variances requested that are directly related to existing non-conforming aspects of the site. However, staff is recommending denial of two (2) of the nine (9) requested variances that specifically pertain to the new or proposed improvements (i.e. building addition, new sign area) that could, in staffs' opinion, be built to comply with the current code. Also, staff is recommending specific conditions be applied to two (2) of the other variance requests that specifically regard buffering the subject site from the adjacent properties (i.e. potted plants, if possible, along North Federal Highway). Therefore, based on the discussion herein, staff recommends approval of the project contingent upon satisfying all the conditions of approval. Any additional conditions by the Community Redevelopment Agency or the City Commission would be placed in Exhibit "C" - Conditions of Approval. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit (excluding permits for land clearing). ELJ S:\PlanningISHARED\WP\PROJECfS\Gateway Shell Ika TexacolNow Shell\COUS 03-007 (revised 2(04)\StaffReport.doc ,. Location Map EXHIBIT "A" I . 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II; ~ iÎi ~¡:ilí; ~n dilll'!I·liElllt!jbl ill lê ~ !i 'I; ~ I ~ ~ ~~,. ¡¡~ ~ ~~" ~""~ !" ~I!I b is = a · I:~ !j > . . .. > II. >sa: I is I ~ :> · ...... I: _ ; ~~~ ¡¡ a ø>~"¡ !i~ !!~a ~ Ii~ ..... II hif if r; ~ æ , ! II I I ~ ~al~¡ PROPOSEDADDITIONANDALTEAA1lON'm ::=:":': . :; ~ ~ ¡; ¡; i . ...... .. ~; .. GATEWAY SHELL n!!IRI ....==..:"" § ~ ~ ~ 11 - i ~ ;\ § ~ - ! fFORMERLYKNOWNMGATEWAY'ÆXÞCO) ~ NZA ~AN. P.£. --~=- 2 ~ 2 2 S ~ I ~ 2380 NORTH FEDERAL HIGHWAY ._ -- C\ 8 BOYNTON BEACH. FLORIDA 33435 =:=~.:-...-..:.':':"--..:=::. ==--r.- =-=== IT' !! EXHIBIT "B" ---- - --- 14~'" ,. iljlilllll11lllilll ~M - ox . z- 'Z ::! Ç! :5~ it Ii ~ ~II~I II~ ~ is ~~ ~n;g .., g: ",...... r~' ¡fIlii! 1.·lljl I, g .~~ ~~~ ., 0'" r9'I >0'" II 1.11 I! I ¡Jls ::on -: ~::aO ,",0 _ ~>o ~,~. .. ø G'JC'tz I''!III II lil'¡¡i en ::DITJ"., " U! 8:c(') :. ;D-tO'"tJ :m ;8ö ¡!9I >ãi:DO Illil Ii illl;¡ ;;: ¡! C\c:-ccn " :¡3:~ :Þ! E ",ïnrr1 !ò! ~n" 8"" '" O~ i~ ! F - ~ó~~ 8 ~x . § ¡ ~ H2~ ª¡ := 0 n~ ~.. ~D ~ ~~ Š= :;. 51 ~ . i .. ~ ....~. 15;'- I " ~ -"- -- , , ~: , , . I I ' ~;~ I "",n ~~D ~~~ n~~~ ~ ~ ¿ ~~4 V ~ji ~di . ~- ª!~ I~~ U~ =ªI Q! E§ ¡Ii ~;; ~ >Q~ I i§ 1:~~ ii¡¡¡ I II n !~I i ! ~i Ih , ~ 10 ~<> I :I ~ ~ ! I ~ ~ ~ I I I ~ i=~ PROPOSED ADOI11ON AND ALTERATION TO: ,......u . ~ .. ; I -.. ' GATEWAY SHELL ~~:':::L~ .................. ,~ II i .. ~~ --=--=- N ~ ~ ~ ~ Š fF()RMERLY JOÐWN AS Gk~Y1'EXACO) --- 2 II I 2360 NORTH FEDERAL HIGHWAY S BOYNTON BEACH. FLORIDA 33435 =:..-.~- ~.=== ::¡::a.~ !f _..._-_;:.,r"_.__ EXHIBIT "8" j ¡¡¡+ ~. ;> ¡;; ~ g Ii 1'1 II i i Ii !I II! Ii i ! II [ij" ~ §' j ! I iU i¡ I I Ii _ "., co ,... » - ¡ I .. ~ ~ + '" CoO ~ I I I ~ - ~ ~ e m (2) -um x 2f' ;ox ¡¿¡ 0- _ n P H J I~! -uu> o::! Z @ u>z liP I § e> me> '" 0", ~/I I I ~ I I ~~" m = >m U> = 0u> -< 51-< m -<m ! ~ ~ ~ !, Ii ;0 -;0 r- z!< qq,q ¡ -< m !.~ ~ ~ m r- ~~ > a i3 " m " ~~ ;¡; >' -< ~Šo Õ ::!z "z -~~ . ~ " Ii II II ~ WI :!! ~I ~ Z~ ..~ ~ i ~~;i II §i~ ~~~I~ ~~ ~I ~i j I! Iii O~~I ëJ ~ i ¡¡¡¡~ ~I~~ ;¡ ¡~~ "i~~ iii! ii 11i:!1 ¡¡ ¡ ~ ;1= ~! ~i~~ ¡; ~ ~ ~~~ j~i ; II i~1 !!I ! Ii II! m" m II ~~ ~ } 1 I ~ >;Þ-W'"""',ë PROPOSED ADDITION AND IlL TEAATION TO; "......( II ; i ,..°1"''''= -- P:! 5;;: GATEWAY SHELL !_~=::L__ ...-- w Ii .. ~ ¡ ~I:!ie -- ....---- :: .. (FORMERLY tcNCJWN I4S ~TEWA.YTEXACO) -..- i i" ..c/o 2360 NORTH FEDERAL HIGHWAY II ~, BOYNTON BEACH. FLORIDA 33435 _..-r_...",,_.__ ==-.~- a===: ~ EXHIBIT "B" t I "" ::e 0 "" 0 '" ~ ", 0 > 0 0 :::¡ Õ 20 J ¡PI t ~m~ ~~~z~ °1 , EI ~i' I u I ~~ !i i i~! t t . i !~ ;~; ¡~~ rm . n f II t §I~ ~ii ~ i i~ ~~& n ii III~ III ~!~ ~!ii Ii ~~ II _i~ 'f Ii j~ ~~ ~ ~~~ ~I sit + ~ ~I n II' ~! ~ i ~~ ¡; i~1 I ¡ 1"1 ~ & ¡ ~o z~ "" Crt D "" ~o I ::e 0 "" ¡~~~ ii~ II i! 0 '" ", 0 JI ~~ pUi II i U ;;I! ~~ ""> [i [~ o~ fill 0 0 ~§!li ~i ~~ ~B t ~ 2;:¡ 2 II ii~ II ~ ~~ c· ~.~ "! ;¡!~ ~ ii ~ ~~ ~ E ~~ ~ ~ n ili! n pli ¡I hi HtY , ~ï~1 i~ !! I~ì 11 ~t . ¡ ! . ij~ ! ... ~ t ~;~ ~ t ~I¡ ~ . """, :;tl II: ::ex 0- ""'" m " ! a:::! "'20 ",e> t + 0", » 0'" ~~ 0.... 3~ ~- ~r:ë 01 ...", b >r + r'" 1 ....:10 ~~ ",.... ::e- r >0 nl ....20 õ~ """, in ::cx " o- n ""'" ~ :!IQ = t a:::! .... r "'¡¡i¡ "" !I! " a20 ::c ;> >0 0 ~ o::e "" 0.... 0 -:z: '" ....", ", -. õ::e 0 Z!< n > 0 .¡ i i ¡ i ¡ i Iii ...", r 0 >r :::¡ !:I'" n õ ",:10 20 "'.... j ~~ 0 I ~ ~ , 9 ,. Ii' : z~ ;II~ I i n i i~ I ~ ~ I ! ~ ·>...........~f PROPOSED ADOIT1ON AND At."lERATIOI< ro, ,......u . § i ¡¡115~;: GATEWAY SHELL ~ M.~ - ;; .~ .~~ .". .. o. >õ~... Ii " I .... . ¡:ozi!_j!! CfORMERLY KNOWN AS GA.'T'B"MY'TEXACC)t IUA ~TMI. fl'L _.-&-- .. $ ;..c..~ 2360 NORTH FEDERAL HIGHWAY --- 2 Ii: BOYNTON BEACH. FLORIDA 33435 ..---....------ ==-~- &c::u== -...-.......-.- ----- EXHIBIT "B" ..- ~,- 311"1 ==:> - hI In ¡Ii N ~ ¡\¡ê/ II aRT H 8 0 U ==:> .¡¡IU I ~ N D Uo S H ¡¡: ëI ! - II II . , G H WAy NO, 'MIIII -:--- ¡;gJI ih \¡æj~ ~.. ~Ii J I I " "-- ''"!On_ ¡ ~ j ~ I : r +-- :» (f) -u :» r ;::: If :» (f) J :» < ,.,., Z C '" - 3 ~ iZ -. . . ~ 5Ii cŠ" 6" ~ ~l; ê: ~ ~ g a. ¡ 3""""0> =~r- .. CC ....- "- ª-~ 3 01» ::I a. ~ * * ~ . <?i~i o:z §- m ~'" ~ § ~ : t ~ :so" .... ~~ §~ "I ~ l; . a ;!I~ ~ t-t ~ o ~.g> "I'" ~'" ...... '" K a. !2. I! i çn œ "'f.!OR' I ~ È ~. ¡'" ¡r ~!- ~ ~U~ ,,'"if t t' . , UII ¡: il ,( ~ ~ . ~ t § ~ !. J ~ ~ ~ ff ~ ;< iiiõt ~ 5' ~ -- g ~. p " ----- ~ln~lP ~~~n ADDI110N AND AI. TERA liONS TO: 1!llij ¡'li-I;lfl 1 SIISl...l- ~--~ 236D NORlH FEDERAL HIGHWAY BOYTON BEACH. FLORIDA 33435 Landscape Plan EXHBIT "C" Conditions of Approval Project name: Gateway She11 (fka Gateway Texaco) File number: caus 03-007 Reference: 5th review plans identified as a Conditional Use with a September 21 , 2004 P1annin@: and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Fu11 drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE COA 10/07/04 2 DEPARTMENTS INCLUDE REJECT Comments: None X BUILDING DIVISION Comments: 4. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. A water-use permit rrom SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 7. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 8. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 9. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 10. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. COA 10/07/04 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 11. This project requires conditional use approval. If approved, pursuant to X Chapter 2 - Zoning, Section 11.2 Conditional V ses, staff recommends a one (1) year time limit for project development. 12. If approved, the proposed building addition would be limited to 600 square X feet in order to be consistent with the previous City Commission approval of the Administrative Appeal (ADAP 03-001). 13. A traffic impact statement was sent to the Palm Beach County Traffic X Division to ensure that the building addition meets the Traffic Performance Standards of Palm Beach County. The Traffic Division must approve the statement prior to the issuance of any building permits. 14. No driveway shall be located less than 120 feet from the intersecting right-of- X way lines of public streets (Chapter 2, Section 11.L.3.d.(l). Driveway shall be located no less than 30 feet from any interior property line from the intersection of the right-of-way lines along local streets and 180 feet along streets of higher classification such a V.S. 1 (Chapter 23, Article n.H.3). The existing driveway opening on V.S. 1 is 23 feet from the intersection of right- of-way lines and therefore, a variance of 97 feet would be required. Approval of the proposed building addition is contingent upon the granting of the requested driveway variance (ZNCV 03-010). If approved, this variance must be indicated in the site plan's tabular data. 15. Driveways shall be located no less than 30 feet nom the any interior property X line (Chapter 2, Section 11.L.3.d(3)). The site plan shows the existing driveway opening is 20 feet from the north property line. Therefore, a variance of 10 feet would be required. In summary, approval of the proposed building addition is contingent upon the granting of the requested driveway variance (ZNCV 03-011). If approved, this variance must be indicated in the site plan's tabular data. COA 1 Oi07 i04 4 DEPARTMENTS INCLUDE REJECT 16. Only one (1) driveway is allowed per street frontage (Chapter 2, Section X 11.L3.d.(4)). The site plan shows that there are two (2) existing driveway openings on U.S. 1. Therefore, a variance would be required to allow two (2) driveways along the street frontage for an existing gas station business. Approval of the proposed building addition is contingent upon the granting of the requested driveway variance (ZNCY 03-012). If approved, this variance must be indicated in the site plan's tabular data. 17. The proposed building addition encroaches 10 feet into the required 20-foot X rear setback. Therefore, a variance of 10 feet would be required for an addition to an existing gas station. Approval of the proposed building addition is contingent upon the granting of the requested building setback variance (ZNCY 03-013). If approved, this variance must be indicated in the site plan's tabular data. 18. Canopies for gas stations require a 20-foot setback. The site plan shows the X existing canopy is nine (9) feet - six (6) inches trom the west property line. Therefore, a variance of 10 feet - six (6) inches is required for the existing canopy of the gas station. Approval of the proposed building addition is contingent upon the granting of the requested canopy setback variance (ZNCY 03-014). If approved, this note must be indicated in the site plan's tabular data. 19. Gasoline pump islands shall be setback 30 feet from the property line. The X site plan shows an existing gas pump island is located 19.8 feet from the west property line. Therefore, a variance of 10.2 feet is required for the gasoline pump island to an existing gas station. Approval of the proposed building addition is contingent upon the granting of the requested canopy setback variance (ZNCY 03-015). If approved, this note must be indicated in the site plan's tabular data. 20. Gas stations require a 10-foot wide perimeter landscape buffer adjacent to X rights-of-way (Chapter 2, Section 11.L3.f.(1)). The site plan shows that no landscape buffer at the northwest corner of the property of the existing parking lot. Therefore, a variance of 1 0 feet is required for the parking lot of the existing gas station. Approval of the proposed building addition is contingent upon the granting of the requested buffer variance (ZNCY 03- 016). If approved, this note must be indicated in the site plan's tabular data. Also, staff recommends that the Ixora "Nora Grant" shrubs be 36 inches in height at the time of installation within the landscape buffer along Las Palmas Avenue and where possible, additional screening (such as planter pots or box planters) shall be provided along North Federal Highwav. 21. Gas stations require a lO-foot wide landscape buffer along interior property X lines. The site plan shows a landscape buffer of one (1) foot - six (6) inches along the north property line. Therefore, a variance of eight (8) feet - six (6) COA 10/07/04 5 DEPARTMENTS INCLUDE REJECT inches is required for the parking lot of an existing gas station. Approval of the proposed building addition is contingent upon the granting of the requested buffer variance (ZNCY 03-017). If approved, this note must be indicated in the site plan's tabular data. 22. The survey shows the existing monument sign is setback only five (5) feet X from the west property line. All outdoor freestanding monument signs must be setback at least 10 feet from the property line. Therefore, a variance of five (5) feet is required for the pylon sign of an existing gas station. Approval of the proposed building addition is contingent upon the granting of the requested sign variance (ZNCY 03-023). If approved, this variance must be indicated in the site plan's tabular data. 23. At the time of permitting, show the sidewalk on the civil engineering plans so X that it matches the site plan. 24. The detail of the monument sign should indicate the exterior finish, signage X area (expressed in square feet), and colors (Chapter 21, Article IV, Section 2.B.). The code allows for a maximum of 64 square feet of sign area. 25. All project signage is subject to review and approval of the Community X Redevelopment Agency and City Commission. As proposed, it appears that the wall signage area would not comply with the maximum allowable signage area pursuant to Chapter 21, Article 4, Section C.3. In order to reduce the wall sign area and upgrade the overall appearance, staff recommends eliminating all non-word depictions (Shell's corporate logo which is a yellow / red seashell) on the wall signs that do not directly correspond with wording. Non-word depictions on signs shall be limited to 20% of the area of the sign erected. Color limitation shall not apply to non-word depictions on signs (Chapter 9, Section 10.1.4.). 26. This project requires a total of 10 parking spaces (1,719 square feet + 681 X square feet @ 1/250 = 10 spaces) and should be indicated as such on the site plan tabular data. 27. The existing wall must be refurbished (in those areas of its decay) and X repainted to match the color(s) of the Gateway Shell building. 28. Provide paint swatches for the elevations (Chapter 4, Section 7.D.). X 29. Ensure that all the proposed plant quantities correspond between what is X shown on the graphic illustration and its corresponding plan list on sheet "L-1 30. Fifty percent (50%) of site landscape materials must be native species. X Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). Please indicate by asterisk, the native COA 10/07/04 6 DEPARTMENTS INCLUDE REJECT species and ensure that at least 50% of landscape material is native. The categories shall be as follows: Shade trees, palm trees, shrubs & groundcover. 31. The base of the existing pylon sign must be enhanced with colorful X groundcover plans and a minimum of two (2) shrub species all selected for entrance compatibility (Chapter 7.5, Article II, Section 5.0.). 32. Rooftops will be treated as part of the building elevation. All rooftop X equipment must be completely screened from view at a minimum distance of 600 feet (Chapter 9, Section II.E.). 33. On the elevations (sheet 3 of 4), eliminate the Benjamin Moore color "Rubino X Red" because it will not be used on the building or signs. Also, substitute "Chrome Green Lt" with "Kunnebunkport Green" and correctly identify "Chrome Green Dk" as "Chrome Green". Finally, eliminate "Chrome Yellow Brt" and provide a color swatch of Shell's yellow color. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 34. None X ADDITIONAL CITY COMMMISSION COMMENTS: Comments: 35. To be detennined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Gateway Shell fka Texaco\New Shell\COUS 03-007 (revised 2004)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Shell (fka Gateway Texaco) APPLICANT'S AGENT: Mr. Beril Kruger / Beril Kruger Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 Northeast 6th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 19, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval to construct a 681 square foot building addition to an existing 1,719 square foot gasoline-dispensing establishment for a total of 2,400 square feet on a 0.48-acre lot in the C-3 zoning district. LOCATION OF PROPERTY: 2360 North Federal Highway Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. - X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Galeway Shell fka Texaco\New Shell\COUS 03-007 (revised 2004)\DO.doc / XII. - LEGAL ITEM A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office r=J August3,2004 (Noon.) July 19, 2004 r=J October 4, 2004 (Noon) September 20,2004 r=J August 17, 2004 (Noon) August 2, 2004 IZ!J October 19,2004 (Noon) October 4,2004 r=J September 7, 2004 (Noon) August 16,2004 r=J November3,2oo4 (Noon) October 18,2004 r=J September 21, 2004 (Noon) September 7, 2004 r=J November 16, 2004 (Noon) November I, 2004 r=J Administrative r=J Development Plans NATURE OF r=J Consent Agenda r=J New Business AGENDA ITEM 0 Public Hearing IZ!J Legal r=J Bids 0 Unfmišhed Business 0 Announcement 0 Presentation 0 City Manager's Report . , RECOMMENDATION: Please place this request on the October 19, 2004 Commission agenda, under Legal, , Ordinance Second Reading. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote and then tabled Second Reading to October 19th to allow for conditions of approval to be met. Staff will report on the status of easement dedication and readvertising this item with revised legal description pursuant to direction fÌom the City Utility Engineer. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-165. EXPLANATION: PROJECT: NW 8tb Avenue (ABAN 03-011) AGENT: City- initiated LOCATION: Approximated 400 feet west of Seacrest Boulevard between lots 154 and 155 of Block "C", and lots 154 and 155 Block "D", Boynton Hills subdivision. DESCRIPTION: Request for abandonment of portion of an unimproved, 50-foot wide road right-of-way for NW 8th Avenue, adjacent to lots 154 and 155 Block C, Boynton Hills subdivision. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ( D,velop pa ,." ~ ~¡J __ " '{1; (J í Planning an~irector City 0 ey / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\NW 8th Avenue\Agenda Item Request NW 8th Ave ABA -0 II 2nd reading 1O-19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC XII. - LEGAL ITEM A.I 1 ORDINANCE NO. 04- 06 Lf 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING 5 ABANDONMENT OF A PORTION OF AN 6 UNIMPROVED 50 FOOT WIDE ROAD RIGHT- 7 OF-WAY FOR NW 8TH AVENUE; (ABAN 03- 8 011 ), SUBJECT TO STAFF COMMENTS; 9 AUTHORIZING THE CITY MANAGER TO 10 EXECUTE A DISCLAIMER, WHICH SHALL BE 11 RECORDED WITH THIS ORDINANCE IN THE 12 PUBLIC RECORDS OF PALM BEACH 13 COUNTY, FLORIDA; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 \VHEREAS, the City of Boynton Beach is requesting abandonment of a 18 portion of an unimproved, 50 foot wide road right-of-way for NW 8th Avenue, 19 adjacent to Lots 154 and 155, Blocks C and D, BOYNTON HILLS subdivision, 20 subject to staff comments; and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been held before the City's Planning and 24 Development Board, and the City Commission on the proposed abandonment; and 25 26 WHEREAS, staff has determined that the roadway provides no public 27 service; and 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 30 COM.MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing Whereas clauses are true and correct and 33 incorporated herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, 36 does hereby abandon a portion of an unimproved, 50 foot wide road right-of-way for 37 NW 8th Avenue, adjacent to Lots 154 and 155, Blocks C and D, Boynton Hills 38 subdivision, subject to staff comments, and more particularly described in the 39 attached Exhibit "A." A location map is attached hereto as Exhibit "E." 40 41 Section 3. The City Manager is hereby authorized and directed to execute 42 the attached Disclaimer and cause the same to be filed, with this Ordinance, in the 43 Public Records of Palm Beach County, Florida. 44 45 Section 5. This Ordinance shall take effect immediately upon passage. 46 C:\Documents and Settings\bramwelll\local SettingsITemporary Internet Files\OlKEClAbanoonement - NW 8th Avenue.ooc 1 FIRST READING this '3 day of \\u g u s-\ 2 , 2004. 3 4 SECOND, FINAL READING AND PASSAGE THIS _day of 5 6 ,2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 30 C:\Documents and Settings\bramwelll\local Settings\Temporary Internet Fíles\OlKEC\Abandonement - NW 8th Avenue_doc 1 DISCLAIMER 2 3 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton 4 Beach, Florida, a municipal corporation, under the laws of the State of Florida, does 5 hereby abandon a portion of an unimproved, 50 foot wide road right-of-way for NW 6 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills subdivision, 7 subject to staff comments, and more particularly described in the attached Exhibit 8 "A". 9 10 IN WITNESS WHEREOF, the duly authorized officers of the City of 11 Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the 12 City this _ day of September, 2004. 13 ATTEST: CITY OF BOYNTON BEACH, 14 FLORIDA 15 16 17 Janet Prainito Kurt Bressner, City Manager 18 City Clerk 19 20 STATE OF FLORIDA ) 21 )ss: 22 COUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner 24 and Janet Prainito, City Manager and City Clerk respectively, of the City of 25 Boynton Beach, Florida, known to me to be the persons described in and who 26 executed the foregoing instrument, and acknowledged the execution thereof to be 27 their free hand and deed as such officers, for the uses and purposes mentioned 28 therein; that they affixed thereto the official seal of said corporation; and that said 29 instrument is the act and deed of said corporation. 30 WITNESS my hand and official seal in the said State and County this _ 31 day of September, 2004. 32 33 NOTARY PUBLIC, State of Florida 34 My Commission Expires: 35 C:lDocuments and Seltingslbramwelllllocal SettingslTemporary Inlerne! Fi!eslOlKEClAbandonement - NW 8th Avenue_doc ...; "L_u_",>.._ ... J!,>-:, ~- >_u:.-._~".;-_ _"'c.;, "~_ -~_;'__,;.,_~ -,-__;~_~.,., :_:-~"'~~~~~:.;.,~:';-,,~:â.'!!-..._;::i_!£:.t-l.,;_~~~"<-~':'"C;--,,--- -. - - ,0-1 "~--* '..¥~, XII. - LEGAL ITEM A.l 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 A parcel of land, being a portion of the road right-of-way for NW 8th Avenue (formerly known 10 as Princeton Drive), lying north of Lots 154 and 155, Block "C", BOYNTON HILLS, according 11 to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach 12 County, Florida, being more particularly described as follows: 13 14 BEGINNING at the Northwest corner of said Lot 154, Block "C"; thence run easterly along the 15 north line of said Lot 154, Block "C" (and the south right-of-way line of NW 8th Avenue), a 16 distance of 100.26 feet to a point on a curve concave to the southwest with a central angle of 17 1260 26' 45" and a radius of 10.00 feet; thence southeasterly, southerly and southwesterly 18 along the arc of the curve an arc length of 22.07 feet to a point on the easterly line of said Lot 19 154, Block "C"; thence northeasterly along the projection of the easterly line of said Lot 154, 20 Block "C", a distance of 19.82 feet to a point; thence northerly forming an included angle of 21 1430 33' 15" clockwise from the preceding course, a distance of 50.00 feet to a point; thence 22 northwesterly along a line which is the southeasterly extension of the east line of Lot 154, 23 Block "D", forming an included angle of 143033' 15" clockwise from the preceding course, a 24 distance of 19.82 feet to a point on a curve concave to the northwest with a central angle of 25 126026' 45" and a radius of 10.00 feet; thence southerly, southwesterly and westerly along 26 the arc of the curve an arc length of 22.07 feet to a point on the south line of said Lot 154, 27 Block "D" (and the north right-of-way line of NW 8th Avenue); thence westerly along the south 28 line of said Lot 154 and Lot 155, Block "D", a distance of 200.52 feet to a point on a curve 29 concave to northeast with a central angle of 126026' 45" and a radius of 10.00 feet; thence 30 northwesterly, northerly and northeasterly along the arc of the curve an arc length of 22.07 31 feet to a point on the westerly line of said Lot 155, Block "D"; thence southwesterly along the 32 projection of the westerly line of said Lot 155, Block "D", a distance of 19.82 feet to a point; 33 thence southerly forming an included angle of 1430 33' 15" clockwise from the preceding 34 course. a distance of 50.00 feet to a point; thence southeasterly along a line which is the 35 northwesterly extension of the west line of Lot 155, Block "C", forming an included angle of 36 1430 33' 15" clockwise from the preceding course, a distance of 19.82 feet to a point on a 37 curve concave to the southeast with a central angle of 1260 26' 45" and a radius of 10.00 feet; 38 thence northerly, northeasterly and easterly along the arc of the curve an arc length of 22.07 39 feet to a point on the north line of said Lot 155, Block "C" (and the south right-of-way line of 40 NW 8th Avenue); thence easterly along the north line of said Lot 155, Block "C", a distance of . 41 1 00.26 feet more or less to the POINT OF BEGINNING. 42 43 SUBJECT TO a 25-foot utility easement over the south 25 feet thereof (being the south one- 44 half of the original NW 8th Avenue right-of-way). 45 46 CONTAINING 0.284 acres, more or less. 47 I: 48 49 .t f\ r· l' S:\CA\Ordinances\Abandonments\Abandonement - NW 8th Avenue.doc .j~ ,. 'T- ~ LL À ~ ':) /\~ ~ 'T- / -f:y ~ I--- c," / S--:\ '" i2¡ ¡¡¡ I- ~ 'T- r~ ~'V. I j,s-"'(ì¢¡ lU ___ LO ",-J /0'v -/ "- (ìlt; lU I . . _'-~. . _'-'V i ,00'09 ,~ ,s-¿ ~fycY ...... ......... II I ,~\',..'\~ Iò. ~ 6>. 41 . V) --- ~ ....... G~c \~.,~ ~ 6'L It; :/ CI) I"I"t /~ /' "- '-I % ~ ~ '&. :<:~~ / .Þ/ ~ .%~I j t _'~ '" 0- (0- - . C\lO"- Q / ~g~ 0:::.. 0 00 "- ~ (0 . . IJ. 0 "'" æòC\l' "- ~ C\I 0 C\I Ii) -S~~~ ............C\I::c:: I...... ............C\I c;;..C,) r:::: / a""" ::: is 5 """ C> ~ ~O~~ ;J) <Jcc« ê: I- ...¡ <Jcc<{ ~ ~ '--' '\'-- ~ cc W a:: '\'-- ~ .0 rr- () - ü I.I.j - () ,..,... ....... ........ I-- 0 (0. z ~ æ I-- 0 ...... Q:10 0 "\ 0 --' ~::c:: - 8 u. 0 -J / d" OJ I "\ -JCO g g:1 ~.G g -JCO . , ....... ...... '---'"' <::> 3:: 0 ...... . ~ lL ~/; ~ ~ ã:! ...0/ LOt-- ~ ~ S: LO~ ~ ~ ~ ............... 'T- a..-J è )--:00." ~ « I ,00'0' -------< ..- <::> I - ex: ~ ~ / C\I ~ ~~ "\ ~ ~:::> I~ ...¡ g ',9'\ LOCI) 0 0":' 3: :;: C\I /ö LI... 'T- -J () / ^\ l!) a Co Z I æ _ l!) () " "\ I l!) C\I t· (0 l!),/ "\ o ..... ~ '" '" '" '" ~ ~ CI)I-t ::t: I-- g Ii) ~ <::> Ii) I-- g t--:t: () ,0 -J ~_ ~ ~ O-J O ~ "- -J co C\lor:... (0- - -J co / ....... _, ~ 0 00 C\lO"- ...a-. -J~ lù "- æò~ ,OO'9G ,OO'9G æ~~ / ,., 0 "- ............C\I ............C\I "-I CQ ( ,00 '09 II II II ~":\ L LLJ- "- /fA '$'~ <Jcc« / <'\. / ....... O~ ~ ~'YI . f~,,- ~..,p -6 ~\V ~ -== Q ,'~ '),,~ 0'v ~ >= -J ::z. '1/fj .;> I 'J, .' ~'V ~ .0 rrr YJ fy "- (ì¡ / ~ 0<-?s i G~~ / ~ ~ ~ ly~vfy,.J. ~ <' Iò ~ CI) c;;..CI) CL r..¿f;> ~()) ,00'09 \~. ~<~./ 41· "- ~ ~ It;~ I 9JY ~ ~ ~~/ >-~ "- :.. c:::. :x: IJ. ~ ~ ~ -s I-::C::'~ c;.. <!)...... lI.. LlJ CI) æ iÈ c;> ~ (!) ~~""'~~I- I LlJ Ld9~æ ~ ~ -.J Q~«occ~ tX:I :;:. <J a:: <{ (,,)I --- <::> CC· Q.. . 0000 1 In. = 100.0 teet '" . ... -- 1320 --- ---- .- 1330 Jf' ':1' . ~:;;,- 1560 14'02 1460 1410 .. .- . -- - 15'01 R3 ) 1690 ~.--.. .'.. 1230 ." '.' I ) . . ..... 1800 1210 ~ .. C) ~ NW 8TH AVENUE LOCATION MAP EXHIBIT ''8 It 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 Florida, a municipal corporation, under the laws of the State of Rorida, does hereby abandon 7 a portion of an unimproved, 50 foot wide road right-of-way for NW 8th A venue, adjacent to 8 Lots 154 and 155, Block C, Boynton Hills subdivision, subject to staff comments, and more 9 particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ 13 day of September, 2004. 14 15 ATTEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 Janet Prainito Kurt Bressner, City Manager 18 City Clerk 19 20 STATE OF FLORIDA ) 21 )ss: 22 COUNTY OF PALM BEACH ) 23 BEFORE I\-Œ, the undersigned authority, personaUy appeared Kurt Bressner and 24 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 Florida, known to me to be the persons described in and who executed the foregoing 26 instrument, and acknowledged the execution thereof to be their free hand and deed as 27 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 official seal of said corporation; and that said instrument is the act and deed of said 29 corporation. 30 \VITNESS my hand and official seal in the said State and County this _ day of 31 September, 2004. 32 33 NOTARY PUBLIC, State of Rorida 34 My Commission Expires: 35 S:\CA\Ordinances\Abandonments\Abandonement - NW 8th Avenue.doc \ __ ___.___.r____~__~__~__........__._ --~....__.--- . <-~~~-"'-~<- --~ -~-------,-,,~----'-~------ .h_..-.__..........____-O<,--=-....~<~-_;.,r----..'_____ ~_ ~,_,___ __. ._'h__~;'_ ~"........ 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hins, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest comer of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly fonning an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 fonning an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly fonning an included angle of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CAlOrdinanceslAbandonmentslAbandonement - largo Points. doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04·165 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. RumPf\"OV Planning and Zoning Director FROM: Maxlme Duooste-A~" Planner . DATE: July 6, 2004 SUBJECT: Abandonment of a 50..foot wide right-of-way running east-west In Block 4, lake Addition to Boynton (ABAN 03-011). NATURE OF REQUEST Ity staff are requesting abandonment of an unimproved 50..foot wide right-of-way located on N.W. 8111 Avenue ~mately four hundred (400) feet west of Seacrest Boulevard. ThIs abandonment Is for the following '\Improved right-of-way segment: That portion of the (Oad right of way for NW fJh Avenue lying north of lots 164 and 165, Block C, Boynton IÆs, according to the plat thereof as recorded In Plat Book 4, Page 51, Public Records of Patm Beach County, Florida, Described as follows: BegInnIng at the northwest comer of said lot 154; thence easterly atong the north line of said lot 154, 8 distance of 100.26 feet to a point on a curve concave to the southwest having a central angle of 12ß028'42" and s radius of 10.00 feet; thence southeastertyalong the arr: of said curve, a distance of22.07feetto a point on the easterlyNne of said lot 164; thence northeasterly along the northeasterly pro/eot/on of the easterlyline of æld lot 164 a distance of 19.82 feet; thence northerly fanning an Included angle of 143033'18-to the right Iiom tþe preceding course, a distance of 60.00 feet; thence westerlyfatmlng an Included angle of9()O()(JOO·to file tight tlom the preceding course, a distance of240.16 feet; thence soutlrerlyfonnfng an Included angle of ~OCOO'Oo- to the dght from the preceding course, a distance of 6.0.00 feet to a point on the northwesterly m:tectlon of the westerly Dne of saId lot 165; thence southeasterly along said northwesterly projection, a 1Istanœ of 19.82 feetto a poInt on a curve to the southeast having a central angle 126026'42"and a mcllus of '0.0 feet; thence northeasterly, along the arr: of said curve a distance of22.07 feet to a polnton the north line t said lot 166; thence easterly, along said north tine, a distance of 100.28 feet to the point of begInning. location map, attached as Exhibit rlA-, shows the Immediate vlofnlty of the subject right-of-way. The :ßtd Exhibit -B-· "Proposed Abandonmenr Is a survey of the subject street which Indicates Its proximity to cent properties. following describes the zoning districts and land uses of the properties sunoundlng the subject request. North . A slngle-famlly house zoned R-1-A; 80uth .. A slngle..famlly house, zoned R-1-A, and farther south, Is N.E. 8'" Avenue rtght-of- way; East - N.W. 8th Avenue right-of-way and farther east. Is 8 single-family neighborhood, zoned R-1-A; and ~--'--~ I ~~ ___~_'"""'~_...~"'-M--->--~....--- -. ~~.~~~...--,--"........~.~--~-----~-~-' Page 2 ,Memorandum No. PZ 04-165 ABAN 01..()()4 West - N.W. 8th Avenue right-of-way and farther east, Is a single-family neighborhood, zoned R-1-A. BACK~~OUND The Boynton Hills subdivision was originally platted In 1925. Contrary to the grid pattern used In the developoont of most Amencan towns, the design of this subdivision was based on the radial scheme and dlagónal avenues In lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated 10 the perpetual use of the public, reserving unto the developers or successors the right of reversion If not used as such. The ultimate street design within this area Is a unique pattern of many curvilinear streets and avenues extending rom NW 10th Avenue south to Boynton Beach Boulevard. The subject portion of this unique street pattem Is a ;tralght segment extending through the center of four segments platted In a diamond shape. Three of the four Jegments comprising the "diamond" configuration are Improved. ANALYSIS )ursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- ray to be abandoned. all utility companies have been notified and the request has been advertised In the ewspaper. A summary of the responses from the utility companies and city staff Is as follows: ITY DEPARTMENTSIDIVISIONS Engineering - No objections Public Works/Utilities - Approval with conditions (see Exhibit "G'") Planning and Zoning - No objections JBLlC UTILITY COMPANIES Florida Power and Ught - Approval with conditions (see Exhibit "C") Bell South - No objections Florida Public Utilities Company - No objections Cable Company (Adelphia) - No objections Cable Company (Corncast) - N/A e property located on the north side of the subject right-of-way Is developed with a single-family house while the uthem properties are vacant, zoned R-1-A, and were recently acquired by Habitat for Humanity for the 1Struction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way :ause It Is unimproved, lacks necessity given the greater network around the subject street segmen~ and could ..tribute to the confusion of motorists. Proper flow and slgnage for unique Intersections and street patterns Is a ll1enge, and Is simplified by the elimination of the subject street at this location. andonment of the 50-foot wide right-of-way, as shown on the survey, will result In the reversion to the adjacent perty owners. Although this original street pattern represents a unique part of history In these neighborhoods, I possibly worthy of preservation. this overall network has already been altered by previous abandonments. to· ommodate the Sara Sims Park, Boynton Terrace Apartments. and expanslon·of the First Baptist Church. It iUld be noted that the subject abandOnment can occur while leaving the chance to preserve a portion of metry. within this section of the network. This balance In the networt Is contingent upon the ultimate po ''11ent of the remaining unimproved segment (Grand Blvd. West) of the -diamond" configuration that '\. .AS the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01..004 BECOMM~~DATIQH Staff finds that the subject unimproved street provides no public purpose except for utlntles, and therefore recommends that this request to abandon a portion of the 50-foot wide right-of-way as described above, be approved, subject to the comments Included In Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed In Exhibit "C" - Conditions of Approval. KC: Central File S:\PIannlng\SHARED\WP\PROJECTS\NW 8th Avenue\Slaff Report.doc --~ -_.->-......~~---- ..-~ -----.... ~ ~" , ... 0000 :( tn. I: 100.0 feet : ... -- 1320 .--. ...--...... ---- 1380 1560 14ð2 1460 . . . 1470 ..... 1601 1690 R-3 1230 ....... 18;00 . aJ 1210 ..... .....,.~ NW 8TH AVENUE LOCATION MAP EXHIBIT "A" . EXHIBIT "B '.' .. .. -....... ...,-.-' ..---'. --- ,.---- ---._---_.~._-. - . , .. iI!!!iI~IIi.~ì!IìII I!II I'~ I ~" 1~lì II I ~eì!¡¡ I~ i I ~~~ 1~'i!ì81J1 .!.'~~ ~~~ l¡= Þ~'f1'~ ~1 , I'" ~I ~ ~ ft~' \¡llq IJf Ilti ~~¡i~i ~ IIi ~i . . ~e~ q~~i \I~II. . ~/ . "1~ I·~ .~ ~.~~ , ~ . I ~ , .. Ill! ,/' p¡r- f-Qr- ~' ¡~~~ '11 ~~ r~ ,,81 /': ()ei I~ .#'~ .~ ,/' ~ I ~~ ~ /. ~ ~ /- ";. ~!!!b <ft ~~ t~r'" I :>(~ ...... ~ ~ ~~·I~ ...m .~ tjS;. ~ '~ . .- ---.--., - ,- pw ~~ t::I!ê n' . I I j IIIU~ .~ Ie !.,: ~.': I ¡I'I I . ¡III ~ ._! IliBI !.i§ .Iq~ C) I I. .Ibtl.. I ., ~ ,1,1, Qlr~ II ¡. It I f ~I! ,I II ~) . III~ ~ ... 71.. _.d...._~__.,...__A............-.",:--~.--......"-"---~'--~ . ~--~,_..~- -.._" ~-------,--~--~~ ,.--.---'~-"--"""-'---~"- '-. EXHIBIT "C" Conditions of Approval Project name: NW 8th Avenue File number: ABAN 03..Ql1 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X , PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require the X establishment of a utility easement in accordance with the Engineering Division 1 s requirements in order to support any existing or future utility infrastructures. 2. If a utility easement is required, no structures shall be constructed or X landscaping placed within the utility easement without express written consent of a111êgal entities occupyin~ said easement. UTILITIES Comments: None X FIRE Connnents: None X POLICE Connnents: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REmCT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Florida Power and Light will require at minimum a ten (10) foot wide X utility easement to maintain the existing facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined "~\SHARED\WPlPROJECTSl9o)<ll:>n SeafoodlCOAdoc ~.< .,_ ~~. .:n~--'__~''''''<__~_ -_-""",--"'-- ._ _~,_,u"""_>--""_o;·___~---"""'_·~"<---~-'~--~-·-~ . DEYELOPMENTDEPAR~ENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-189 TO: Chair and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric lee Johnson, AICP crt Planner DATE: August 4( 2004 SUBJECT: Abandonment of a portion of Northeast 3rd Avenue ABAN" 04-004 NA11JRE OF REQUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue rtght-of-way. This 4O-foot wide unimproved right-of-way Is situated between lots 11 and 30 of the Arden Park plat. The abandonment request was submitted on May 12, 2004. The platted roadway segment is described as follows: A portion of N.E. 3rd Avenue lying In the Plat of Arden Park as recorded in Plat Book 2, page 96 of the Public ~rds of Palm Beach County, Aorlda. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the west by the Northerly extension of the lot 11, Also being the West line of the plat Arden Park¡ and Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded In the plat of Arden Pari<. Containing 5,528.714 square feet.more or less and subject to easements and right-of-way of record. he exhibit "A" - LocaUon Map shows the general vldnlty of the right-of-way to be abandoned. The Exhibit 1\8"_ ~ed Abandonment" shows the exact location of the subject site and Its legal desa1ptlon. The following Is a esa1pt1on of the land uses and zoning dlsb1cts of all properties that sulTOund the subject right-of-way. North - Developed commercial (Coastal Cydes), zoned General Commercial (C-4)¡ South - Partially developed commercial (Fred &, Joe's), zoned General Commerdal (C-4); ... East - Right-of-way for Northeast 3rd Street; and West - Developed residential, Two-famlly Duplex Residential (R-2). Page 2 Memorandum No. PZ 04-189 ABAN 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved In April of 1913, Induded 172 Individual lots, a 25-foot wide Sbip of land along the Florida East Coast (F.E.C.) rtght-of-way, and severall0-foot wide and 4Q-foot wide alleys, which were dedicated for perpetual use by the public. The applicant Informed staff that It Is their Intention to abandon the unimproved right-of-way In order to develop additional parking for their tenant (Coastal Cydes) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the Oty of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way 15 conveyed to one (1) abutting property owner and the other hart Is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners In accordance with Chapter 22, ArtIde III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised In the local newspaper. The applicants requesting this abandonment are the owners of the property to the north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and steven McGuirk own the property to the south (lot 11 Arden Park). A summary of the responses from the utility companies and dty staff Is noted as follows: CIlY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBUC UTILm' COMPANIES Florida Power and light - No objection BellSouth - No objection Ronda Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A YI public utility providers have Indicated that they have no objection to the applicant's request for abandonment. towever, It must be noted that a wastewater line Is currently located along the centerline of the unimproved oadway. Therefore, the Department of Public Wor1<s Is requiring that a utility easement be dedicated over the bandoned portion of the right-of-way. A dedication of a utility easement would grant the aly legal access to the 'roperty for maintenance or upgrade purposes, while stili allowing the applicant to develop a portion of the property s a parking lot ast!y, the subject right-of-way terminates to the west of developed properly preventing future extension of this ght-of-way to connect with Northeast 2nd Street There are also no Isolated parcels adjacent to the subject rlght- ~-way which would rely solely upon this street for access. RECOMMENDA110N taff has determined that the subject alley does not serve a public purpose, and therefore Is commending approval of the request to abandon this portion of the 40-foot unimproved roadway as . ~-~._--- -- .------ ~--~.,- ,~--- --~._~ Page 3 Memorandum No. PZ 04-189 ABAN 04-004 described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed In Exhibit HC" - Conditions of Approval. S:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc . ---- I' J ' I , } ... ~ ~ 1 In. = 125.0 feet ~ ~, J ~ 'A J ~ - R I flJ I I f: :ë ~ ~ I J NF 4110 .D.Vf- j I ... .... C4 I r I r~~ I 'I;; I~ 1 i '~ ~ ë r Z 1 m J J J ~ :HE::J.m 4\11: - ~ J 7 I L ~ ~ I J ~ I~ I eJ C3 ~ J , J , J j J'< RUYN I UN ....... "'~I-I RIVn HÛÝN I UN DC At"U RI vn I ~ I r---- ~ m ~ ~ ~1 J n ~ -- ----.. .. . . . ~ - .--- LOCATION MAP ABAN 04-004 EXHIBIT "An .">:); , ~~¡~, . .~: :·:~f~ r.¡ .--->--~, . _ ...__ L~'''_'''''__'___' __j<.__.. 1 -. IJVIIDI I -1:j" f ~I t[ I I ~> )'leIS';' ÚhC.' &.,ts //.so ' , ~ t (W'Há"'" -"INÚ'" ~p ,: " 1'8 ~, ~l 4t?~, ~ ~ t 8 8 8 ~ _ ' Wvt?"Ø"ðó''''8', '-I ~ r ~ g- ~ [ , 'ID.O 20. I., SO,C' ~ ~ W -i" a ¡ ~ a: , ~ :~'. I : f if ; ~ ~ ir ! ~ ~. ~ ' r.J I ~ l [f :t ~ '~. ~ \\: ~ I, g 'I : 9' :l't ~, , \J\ ~ I ~ I r r K; · ,1<;" I .... f~'" .t' ~ ~ ~ ~ ë S" Õ Õ '<:1 r þ1 ~ So (\ . ... ... . ã t' "~ ~ \j\ '§ ~ f\ I 1 ·h..? ~ J ~ I ~ 'f C' ~ ~', I~ ~ ~ I ~'~ r f t ¡ ,f J i' ~ ~ ~ ~ ~ 8 ¡ [ ~ ['<:1 , ~ ~ .. ~. 'I ~ r, " ~' Pc [ ~ r I ~ ~ ~ ~ 0 , I Pc~ ~ .fl ~ ' ~ ~, w '"' ~W~ ~ . I ~ P I [. ~ ft) ~" . i ~ ¡. ,S *. I f ~ '<:1 'i M '- _' , ~-= ' .2, . a &: í I ~ 'e!:$ý-..e - ~ø rd . IVq ~h""ø": , ,., 20.2,:>' .so,~ I ~ Ii' g f ~ j' ¿;<?c.- \.:= 'I 2, ~ 2, J-J , !J;-q .$7" ~ ~,~ __ ! ï t\ f .. ¡ ~ ~_ 4~4ðo/~, ',' i 1- ~ ~." ¡a "-J.E, 3Rõ~ É 'SìRf::E:/ . -¡; , I ~ ~ ~~~ii~ ~ ill~16 ~ .J~ 71 r~' ¡¡ I~hl! . t ~~ ~ ~ PI . ¡ ~ ¡ffll~' I~I i ¡I¡II~ . s ~ì ~ ~ I. ~liM 1~lg J\. ~ ~flr I ÏlUU.1 Ii ~.~ 111 i -=t Itl - lil ~ ~ In . r ¡Iiiil iUli ~ ~ II ~ Ip~~ ~ "Q r I r,.;; ,~e ~ I~ ;j ,Z~ ' · » . I ill I ~ ~ " ~ !~~' '; III i~~ iII!f ~ ~ 1 ~ II· ~~I COCA. aliI· " If 1~,~ . ; ,ª:;~ ~Imì :.,. I d~'f,¡¡ I .. »eo · f' IIQ ,-C -0. ~ I " '. I ~ ~{ . .. )It".. . I ~- ' . J ~ I ~ ~ ";3: III,;~, -', Iii ...:...; ~J ~=~ . -Ial ~,' ··II~ ~ ~~.,. II!I. III! ~ . . . EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3rd Street File number: ABAN 04-004 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC 'VORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergency. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N.E. 3rd A venue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION . -' ~"'" _'-v_'=._ ,O>_~_.~_~ ,--,~~--" Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. S:'tPlarmIngISHAREDIWPIPROJECTSI409 NE 3111 S1ree\\ABANICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\DO.doc ._ .__.-...,.....w....~=--~-.....<o~~-"_..._",..........._,___'_ -__'0_"'"' ".:-, ,< .--,"",--' ~---",---,- < -----~.--~---~~.......~.-~---~----~"'-~......;-' ._-~--...'-- -~ XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3,2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 [g] October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 0 September 21 , 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [g] Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under First Reading on September 7,2004 and Second Reading was tabled until October 19, 2004. It should be noted that the conditions of approval require the dedication of an easement prior to Second Reading of the ordinance, thereby justifying the postponement. At this upcoming meeting staff will report on the status of easement dedication and advise accordingly on the processing or tabling of Second Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04- 189. EXPLANATION: PROJECT: Janis Group (NE 3rd Avenue) (ABAN 04-004) AGENT: Ron Janis / Karen Janis-Brown OWNER: N/A LOCATION: 409 NE 3rd Street DESCRIPTION: Request for abandonment of a portion of the Northeast 3rd Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: Development Planning and Zo . S:\Planning\SHARED\ wP\PROJECTS\409 S:\BULLETIN\FORJ\.1S\AGENDA ITEM REQUEST FORM.DOC r I 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING 5 ABANDONMENT OF A PORTION OF THE 6 NORTHEAST 3RD AVENUE RIGHT-OF-WAY 7 LYING IN THE PLAT OF ARDEN PARK (ABAN 8 04-004); AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAIMER, WHICH SHALL 10 BE RECORDED \VITH THIS ORDINANCE IN 11 THE PUBLIC RECORDS OF PALM BEACH 12 COUNTY, FLORIDA; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 \VHEREAS, Ron Janis and Karen Janis-Brown are requesting to abandon a 17 portion of the Northeast 3rd A venue right-of-way. This 40 foot wide unimproved 18 right-of-way is situated between Lots 11 and 30 of the Arden Park Plat; and 19 20 \VHEREAS, comments have been solicited rrom the appropriate City 21 Departments, and public hearings have been held before the City's Planning and 22 Development Board, and the City Commission on the proposed abandonment; and 23 24 WHEREAS, staff has detennined that the utility easement provides no public 25 service; and 26 27 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY 28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and 31 incorporated herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, 34 does hereby abandon a portion ofthe Northeast 3rd A venue right-of-way. This 40 foot 35 wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park 36 Plat, and more particularly described in the attached Exhibit "A." A location map is 37 attached hereto as Exhibit "B." 38 39 Section 3. The City Manager is hereby authorized and directed to execute 40 the attached Disclaimer and cause the same to be filed, with this Ordinance, in the 41 Public Records of Palm Beach County, Florida. 42 43 Section 4. This Ordinance shall take effect immediately upon passage. 44 45 FIRST READING this _ day of ,2004. 46 47 S:\CA\Ordinances\Abandonmenls\Abandonement -04-004 - NE 3rd Avenue.doc l , -... ---_..~ . -~--=",-.,..,...--.~<---- ."-.- ---~------~............-........,----,--. '--'~.-~ .....---,- ~...- I I 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 , 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 27 S:ICAIOrdinanceslAbandonmentslAbandonement -04-004 - NE 3rd Avenue.doc DISCLATh1ER KNO\V ALL l\tIEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the Northeast 3rd A venue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A". IN \VITNESS \VHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. \VITNESS my hand and official seal in the said State and County this _ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\Abandonement -04-004 - NE 3rd Avenue.doc . r-~."",____~._~_.___ -- .".-_~~...._.<..,.____...._,.;.__. . =--~---.."" -.... ~r...........-...~'_.-..~_.~_ .-.--- --,--,---~-","-."._",--"",-"",-, XII. - LEGAL ITEM A.2 EXHffiIT "Ai" [ABAN 04-004] LEGAL DESCRIPTION "That portion of a 40-foot right-of-way known as N.E. 3rd Avenue, lying west ofN.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a l2-foot utility easement with the centerline of said easement lying 4.00 feet south of the existing right-of-way centerline ofN.E. 3rd Avenue, bounded on the west by the southerly extension of the west line of said Lot 30 and bounded on the east of the southerly extension of the west right-of-way line for N.E. 3rd Street, a1llying in the City of Boynton Beach, Florida." 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"::~J u'·l I ;~ }... <: SO::rI -< :s! « 'õ ~ P- '" i '1.. fí)~I¡ ~ì'.. .~ \) '" '- I-- '- '" , '.. .- ,'I ,', " . -o.J:; ç: 0 B 0 ......... c C ..r:: I J ~ -~tl~' ,~ ....... ~ ~ -E ~ ~~ :: -;,~ § ~ ~ l , _ ¡: -.'> 'S,' ~\ u.j.D;>' ~;>, 0 -"" c: .¡;; .-.r., , r ." hel ' :Z:~¡j5 ~9 'õ 'õ' ~ ¡¡--g ~ I '.. I))I~I.·I ,~ . ~ -5 Õ 0 ~ (l) t< '"E õ : ~ .::'J I ~~·I \ \'. o .5 u -= ª.p 0 8 ~ I t -~ It ::':-:'1 ' ç -'" - >-.'" 0 ' 'I" ~ (3 .~ ~ !î "E ~ ] ~ 6 l\-) __/.f I!' ·,:Sf >-. Q) 0 0,.., ';::: ro tí ,. -::P v: Z Ž ::J.:.o I :!. I 2 ~ ~ 0 ~ a ~ '9 I ~. Ii} I tl '" +-> --> - a) ~ (;3 ;. : I ~ t È È; -5 ~.5- I .' i; I. ~ -ê ~ ~ ~ ~':; ~----, ~.~,~~-::) H-/b=:~;~J~·>L:.... --- I ~.8 z if¡:S ¡¡:¡~. '-'.:' ,.,",.·.,·,/(_'/{//:/c·v·j..), Il) tl ~ 0 t) Z \'.' :z: P::: -5 __ -5 ~ _ l..;~ ] ~ ~ ~ ~ ~ ~~. :\~ .- "'/ .( o ~ - - - Q) - ~ Ç..~ :J :J :J -0 :J..... -- <'õ ~ ~ 65~ ¿b G _~__~~~._._____ '_"'" .__.__ __. ._",-=,.._.~---,.,~----~t- ,,"-<.,.>,.,<- n"_ DEVELOPMENTDEPAR~ENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-189 TO: Chair and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric lee Johnson, AICP crt Planner DATE: August 4, 2004 SUBJECT: Abandonment of a portion of Northeast 3n1 Avenue ABAN' 04-004 NAmRE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3n1 Avenue right-of-way. This 4O-foot wide unimproved right-of-way Is situated between lots 11 and 30 of the Arden Park plat. The abandonment request was submitted on May 12, 2004. The platted roadway segment Is described as follows: A portion of N.E. 3rc1 Avenue lying In the Plat of Arden Pari< as recorded In Plat Book 2, page 96 of the Public ~rds of Palm Beach County, Rortda. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Pari<; Bounded on the South by the North line of lot 11 Arden Pari<; Bounded on the west by the Northerly extension of the lot 11, Also being the west line of the plat Arden Park; and Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded In the plat of Arden Park. Containing 5,528.714 square feet.more or less and subject to easements and right-of-way of record. he Exhibit "A" - Location Map shows the general vldnlty of the right-of-way to be abandoned. The exhibit "8"- ~ed Abandonment" shows the exact location of the subject site and Its legal desa1ptlon. The following Is a esa1ptfon of the land uses and zoning dlsbicts of all properties that SUITOUnd the subject right-of-way. North - Developed commercial (Coastal Cydes), zoned General Commercial (C-4); South - ParUally developed commercial (Fred & Joe's), zoned General Commerdal (C-4); ... East - Right-of-way for Northeast 3rd street; and West - Developed residential, TWo-famlly Duplex Residential (R-2). Page 2 Memorandum No. PZ 04-189 AIWl 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved In April of 1913, Induded 172 Individual lots, a 25-foot wide strip of land along the Florida East Coast (F.E.C.) right-of-way I and severall0-foot wide and 4Q-foot wide alleys, which were dedIcated for perpetual use by the public. The applicant Informed staff that It Is theIr Intention to abandon the unimproved right-of-way In order to develop additional parking for their tenant (Coastal Cydes) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the Oly of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way Is conveyed to one (1) abutting property owner and the other half Is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners In accordance with Chapter 22, Artfde III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised In the local newspaper. The applicants requesting this abandonment are the owners of the property to the north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and dty staff Is noted as follows: CITY DEPARTMENlS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see exhibit "C" - Conditions of Approval) PUBUC UTILITY COMPANIES Florida Power and Light - No objection BellSouth - No objection Ronda Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A UI public utility providers have Indicated that they have no objection to the applicant's request for abandonment. lowever, It must be noted that a wastewater line Is currently located along the centerilne of the unimproved oadway. Therefore, the Department of Public Wor1<s Is requiring that a utility easement be dedicated over the bandoned portion of the right-of-way. A dedication of a utility easement would grant the CIty legal access to the roperly for maintenance or upgrade purposes, while stili allowing the applicant to develop a portion of the property s a parking lot. astIy, the subject right-of-way terminates to the west of developed property preventing future extension of this ght-of-way to connect with Northeast 2nd Street. There are also no Isolated parcels adjacent to the subject right- f-way which would rely solely upon this street for access. I\EcøMMENDA110N taft has determined that the subject alley does not serve a public purpose, and therefore Is oommending approval of the request to abandon this portion of the 40-foot unimproved roadway as ~~ ,_='"_-___,<....,;;<;~___~ .....,.......L".'-.s~"-,~.,.."...- ,~_--.__c - -'~ - -<'. -- . j~~~~_>-.-_.,'-""'""--~ '~_~__~_N<- ". -_.---,., - ~-- Page 3 Memorandum No. PZ 04-189 ABAN 04-004 described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc . ... . ---' J I 1 I I + !: r' R I flJ I " 2 ~ ë J J J J J N J:;--4,TI AI. v ~ i ... ¡,.,. C4 I I I r~' '~ I '~ ~ i ~ 1S ë ,. z I m I J I ~ NI=~Rr AVJ: - ~ I I I ~ ~ "hi ~ I ~ C3~ þ: I '- I J J~ J -- ...--... O-=A-··-·..,..... ---.. --..-. R'··-- j HlJYNIIJN ~L;HHLVU HIJYNIIIN tIVI), , .- ~ = j r1 ~ . _.__.. .. . . - --- LOCATION MAP ABAN 04-004 EXHIBIT "An , æ¡~"· .éf~~·: ~. _ ._.....~___=-~~_ .-.._^'""._o.___t_ . ._____~co-_=__~<~o~____~·____·___~' -"..- < -'. ~-- IJV1IDI I -lj' r I ~I fill ~~ We:sl- Úñc: ¿.Is //.so' . J r (We..¡.ú"", -4M.." ~¡l , ',r ~ ~l ~tJt1' '~a.~ 88 B ~ _ . WtX/"M't:JC?"6f", ,,~ r ~ f ~ [ . ~tJ,O ze. ',' 50:0' ~ ì"- a: oi' l r ~ a: , ~, .~ . I ,f Xt If ~ ~ if, : t~ % ' ~ ~ Þ I· f ' · I I ~ i Ii ¡¡, ~~ ~, . III t . I, r r t 0 !>i ' ~ ~~;,- I ë s' I ~ ~ Xi' f~í:í ~ ~~ s ('\ Ii·......· n. ~ \j\ '§ ~ " f ~ '~ ? ~ i .. I a ~ ~ ~ ~', t~ ~ ß ~ I' t '1 f r J t t J f, ~ -" 11J:\\,. (' · f r ~~. ~ [~f ' ~ "to ' I r,.. [a. ~ ~ ~b¡O' ~2. ~' e' ¡ ~ ß ~ ~o ' I I 'II ~ ~~W~~'I R. ¡,¡ ¡ I ~ tt)~' . it f ,£j -~ I i ~ ~ 'i M '- _. . ~- ' '2. . ß I: í I ~ t!:$ý- ..a - Z"o,~ . Wqj' ðh~ø": . " 20. $O,~ I ~ If g f ~ ''/')c 3 . I 2. ~ a, p . rql.sr ~ ~~'~- ! 1 Il f ..¡ ~ ~_ 4~~, Vt/.' I, t l' ~ ~,., 0 .~~ N.E. ðRõ~ ~I ~I É SìeE:EI z r ~ 'I, ' r ¡¡ . ~ ~~~in ~ §I~§JX 6 ~ vr¿ 71 1.1 2 15hU Lm~] ~I ii õ I~i~~' i~1 ¡ I ~Ii!~ ' i ~i ~ ~ I IU~i i~lg ). ~ ~f rf II 2 i;. ¡ II \) ~ m I a mlh ~i¡¡H w ~I~·l 11 § ui , r IlI1! ; 51 ~ ~ E ~ r,~ . ili~~ 1¡lh ~,~ .z~ ' ij '~i= ': IIhll I iø~ ~ I ~. ~ ~ 1 g II· 5¡; I ,ª:~~'~II~II: ,.Iii I .. >~I 'Wr r ' , -< "'0 ~ .,.. > ~ ,:" ~ ..~: 'II ~ '- _~_.. '1'1 t::;", , II b~. '1111 <!', ,;: '" fJ" " II ~ .~ I .1 '-' ,- I bs , d5~ EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3rd Street File number: ABAN 04-004 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC \VORKS- Traffic Comments: None X UTILITIES Comments: l. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergency. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express \\-TItlen consent of the Engineering Division of Public Works. 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N.E. 3rd A venue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION , ... -.-- -....¥~~._- -"=----.~~~ . -". .~_o~___"~"":~A.~_~ . ~~-~"....-..-....<.",," --. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shalt occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:'PlannIngISHAREDIWP\PROJECTS\409 NE 3l1! S1ree\\AÐAN\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCA TJON OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\DO.doc ..~""",,,,,",~____.-.....__...._;.....-=_ -____z__,_..-.__ ~o..__~,__-_,_ O>__.____."'_~~ ,_~_~__ ,____~_.,...~_._o,__'__ ~_,~.____ -_ .h____K_-......_~.~........··_ XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 o October 4, 2004 (Noon) September 20,2004 c=J August 17,2004 (Noon) August 2,2004 rg¡ October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3. 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing rg¡ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on October 4,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-193. EXPLANATION: PROJECT: Car Rental (CDRV 04-006) AGENT: Michael A. Rodriguez, Sachs, Sax & Klein LOCATION: Citywide DESCRIPTION: Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A AL TERNATIVES: N/A 1 ey / Finance / Human Resources Car Rental CDRV 04-006 Public Hearing.2nd S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-079 2 3 AN ORDINANCE OF THE CITY OF BOYNTON , 4 BEACH, FLORIDA Al\fENDING THE LAND 5 DEVELOPMENT REGULATIONS OF THE CITY OF I 6 BOYNTON BEACH, REVISING CHAPTER 1, I 7 "GENERAL PROVISIONS, " ARTICLE II, 8 DEFINITIONS," TO PROVIDE FOR A DEFINITION 9 OF PASSENGER CAR RENTAL; REVISING I 10 CHAPTER 2, "ZONING," SECTION 6 11 "COMMERCIAL DISTRICT REGULATIONS AND í I 12 USE PROVISIONS," TO PROVIDE FOR THE I 13 ADDITION OF CAR RENTAL BUSINESSES AS AN I 14 ACCESSORY USE TO MINOR AUTOl\'10TIVE 15 REPAIR USES ON SITES LARGER THAN 75 ACRES; 16 PROVIDING FOR CONFLICT, SEVERABILITY, 17 CODIFICATION, AND AN EFFECTIVE DATE. 18 19 20 \VHEREAS, staff has proposed amendments to the Land Development Regulations 21 intended to pennit car rental uses as an accessory use to automobile repair uses on sites 22 larger than 75 acres and which are located in a Community Commercial (C-3) zoning 23 district, subject to specified criteria and review as a conditional use; and 24 \VHEREAS, the City of Boynton Beach Planning and Development Board and the 25 Community Redevelopment Agency Board recommend the approval of an ordinance 26 amending the C-3 District regulations to pennit passenger car rental as an accessory use to 27 auto repair on properties larger than 75 acres in size; and 28 \VHEREAS, the City Commission, upon recommendation of staff, the Planning 29 and Development Board, and the Community Redevelopment Agency Board, does hereby 30 deem it to be appropriate and in the best interests of the residents of the City of Boynton 31 Beach to approve the amendments to the Code as hereinafter set forth. 32 33 S:\CA \Ordinances\LDR Changes\C-3 Uses. doc I 1 I \ »--<-. ' _,,_._"'_..........-.-~~o_........·"~,.____~.___,_~__ ..___...__._____- _ ___ .-___.'...__.-'_...-"""""'........,~""_i_..r_""..;..........--><c"""~.-.-,,.- ->..""-...........~""<", 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA: 3 4 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 5 ratified and confinned by the City Commission. 6 Section 2. Chapter 1, "General Provisions," Article II, "Definitions" ofthe Land 7 Development Regulations, Part III of the Code of Ordinances is amended as follows: 8 ARTICLE II. DEFINITIONS 9 The words, tenns and phrases herein shall be defined 10 as follows unless otherwise specified in this ordinance. The 11 word "shall" is mandatory, the word "should" is preferred and 12 the word "may" is pennissive. The singular shall include the 13 plural and the present tense shall include the future tense and 14 VIce versa. 15 ... 16 AUTOMOBILE RENTAL - see "Passenger Car Rental." 17 . .. 18 PASSENGER CAR RENTAL - Establishments primarily 19 engaged in renting passenger new or old automobiles without 20 drivers on a short-tenn basis. The tenn "Passenger Car 21 Rental" excludes those establishments engaged in passenger 22 car retail leasing and taxi and limousine services. 23 24 ... 25 26 27 Section 3. Chapter 2, "Zoning," Section 6, "Commercial district regulations and 28 use provisions" of the Land Development Regulations, Part III of the Code of Ordinances is 29 amended as follows: 30 Sec. 6. Commercial district regulations and use provisions. 31 . .. 32 C. C-3 COMMUNITY COMMERCIAL DISTRICT. S:\CA \Ordinances\LDR Changes\C-3 Uses.doc 2 I ¡ 1 These district regulations are to encourage the development of I 2 appropriate intensive retail commercial facilities providing a 3 wide range of goods and servIces, located centrally and 4 accommodating three (3) or four (4) neighborhoods and located 5 to at least one major thoroughfare. 6 7 l. Uses pennitted. Within any C-3 community i I 8 commercial district, no building, structure, land or water shall be 9 used except for one (1) or more of the following uses: 10 , i 11 ... , 12 13' cc. Repair of motor vehicles or tire sales and 14 service, limited to minor repairs (see definitions "minor repairs"), 15 and including car washes as an accessory use, are as follows: 16 , 17 (1) This use is not pennitted on sites I I 18 less than five (5) acres in size. 19 20 (2) On sites greater than five (5) acres 21 and less than seventy-five (75) acres, all such uses shall be I 22 located in either a principal building of a shopping center or in a 23 subordinate stand-alone building and/or outparcel within a 24 commercial Master Plan, provided that the subordinate stand- 25 alone building and/or outparcel within a commercial Master Plan 26 is not located between the principal building and an adjoining 27 right-of-way or between the principal building and abutting 28 residentially zoned property. 29 30 (3) On sites greater than seventy-five 31 (75) acres, all such uses wi11 be allowed to be located in a 32 separate building in a shopping center. * Passenger Car Rental is 33 allowed as an accessory use within said building subiect to the 34 following additional conditions: 35 36 (i) The customer service area 37 shall be located within said building. 38 39 (Ïi) No more than twelve (12) 40 automobiles shall be stored on-site for the purpose of rental. and 41 such automobiles shall be stored in marked stalls. 42 43 (iii) No fueling or re-fueling of 44 automobiles shall be pennitted on-site 45 S:\CA \Ordinances\LDR Changes\C-3 Uses.doc 3 .---~"-"..,,,..~,,,<,~ .,--...... -'"'~'"'~ .-'-. _ ___-"""~""""'-_'"'__'O~.._~~__._~,~.;.__OO~__."'""""'....~~_~.~_... .-~---,--~...,....."---...,,--...........,,,,_...:-----.- "h~'__ >_ _.___~___-'-'_~~ '-_~'''' 1 For the purposes of this section, motor vehicles shall mean 2 only motorcycles, mopeds, passenger cars (a motor vehicle with motive 3 power, except a multipurpose passenger vehicle or motorcycle, designed for 4 carrying ten (10) persons or less), or multipurpose passenger vehicles (moor 5 vehicle with motive power designed to carry ten (10) persons of less which 6 is constructed either on a truck chassis or with special features for occasional 7 off-road operation). All repair and service of vehicles shall be done within 8 an enclosed building. 9 10 . .. 11 12 Section 4. Conflicting Ordinances. 13 14 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 15 the extent of such conflict. 16 Section 5. Severability. 17 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 18 unconstitutional by any court of competent jurisdiction, then said holding shall in no way 19 affect the validity of the remaining portions of this Ordinance. 20 Section 6. Inclusion in Code. 21 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, 22 Florida, that the provisions of this Ordinance shall become and be made a part of the CITY 23 OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may 24 be renumbered or relettered and the word "ordinance" may be changed to "section," 25 "article," or such other appropriate word or phrase in order to accomplish such intentions. 26 Section 7. Effective Date. 27 This Ordinance shall become effective immediately after adoption by the City 28 Commission. 29 S:\CA \Ordinances\LDR Changes\C-3 Uses.doc 4 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-193 TO: Chairman and Members CommunIty Redevelopment Agency Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP rf Planner DATE: August 2, 2004 SUBJECT: Code Review - Car Rental (CDRV 04-006) To amend Chapter 2, Zoning, Section 6.C.1.cc.(3) to allow car rental as accessory to auto repair businesses onpropertles zoned Community Commercial (C-3) and greater than 75 acres In area NATURE OF REOUEST Mr. Michael A. Rodriguez, representative for Cendant Car Rental Group is requesting to amend Chapter 2, Zoning, Section 6.C.1.cc. (3) of the Land Development Regulations to allow car rental businesses as accessory uses to minor automotive repair In shopping centers that are greater than 75 acres. A car rental business, if proposed as an accessory use to a minor automotive repair business, would require conditional use review and approval. The revised code (underlined) Is proposed as follows: cc. Repair of motor vehicles or tire sales and servIce, limited to minor repairs (see definitions "minor repaIrs"), and Including car washes as an accessory use, are as follows: (1) This use Is not permitted on sites less than five (5) acres In size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located In either a principal building of a shopping center or in a subordinate stand-alone building and I or outparcel within a commercial Master Plan, provided that the subordinate stand-alone building and I or outparcel within a commercial Master Plan Is not located between the principal building and an adjoining right-of-way or between the principal building and abutting resldentfally zoned property. (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located In a separate buildIng In a shopping center. Rental of new or used automobiles will be allowed as an accessory use within said bulldlna sub1ect to the followlnÇl conditions: (I) The customer service area shall be located within said buildIng_ (II) No more than fifteen (15) automobiles shall be stored on-site for the purpose of rental. SaId automobiles shall be stored In marked stalls. (III) No fuellna or re-fuellng of automobiles shall be pennltted on-site. r__.'>......_______.,...,.~-~--~·- - -~..~-- '<--~.....--.._, " -~ -->-,.--- _......-----,-----..---->--_._--.._.----._-----~-_._- ._-~-< Page 2 CDRV 04..Q06 It should be noted that the subject request would only affect one property, namely the Boynton Beach Mall. No other property within the aty Is 75 acres or larger and zoned Community Commercial (C-3). Cendant Car Rental Group seeks to locate their car rental business at the detached Sears Automotive service center at the Boynton Beach Mall. BACKGROUND The City's Occupational Ucense section categorizes car rental facilities consistent with the North American Industry Oasslficatlon System (1997), which was formerly the Standard Industrial Classification Manual (1987). According to the Occupational Ucense section and the NAICS, there Is only one category that is classified as Car Rental. The aty Issues licenses for car rental business under the heading, "#532111 - Passenger Car Rental". According to the NAICS, this Industry comprises establishments primarily engaged In renting passenger cars without drivers, generally for short periods of times. It excludes the renting or leasing passenger cars with drivers, such as limousines, hearses, and taxis, which would all be categorized as #4853 - Taxi and Umousine Service. . It also excludes retailing passenger cars through sales or lease agreements, and leasing passenger cars In combination with providing loans to buyers of such vehicles. ANALYSIS Passenger Car Rental establishments are currently allowed as conditional uses only In the General Commercial (C-4) zoning district. They are prohibited everywhere else in the city. The applicant did not provide any written justification for the code amendment to the C-3 zoning district. Existina businesses and conditional uses The Oty currently has one (1) business (Enterprise Rent-A-Car) licensed for car rental. This business Is located at 1009 North Federal Highway and zoned General Commercial (C-4). As previously mentioned, car rental businesses are categorized as "Passenger Car Rental" by the NAICS and the Occupational Ucense section. However, according to Chapter 2, Section 6.D. 'of the Land Development Regulations, a car rental facility Is allowed but only in the C-4 zoning district under the following heading: "Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks". Furthermore, conditional use review and approval Is required. Conditional uses are those uses that are perceived to have a negative Impact and would not be appropriate generally, or without restriction, throughout a zoning dasslflcatlon or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. Staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. On August 5, 1997, the aty Commission granted Enterprise Rent-A-car (COUS 97-001) for conditional use. Also, the business was required to obtain an Environmental Review Pennlt. Environmental Review Pennlt #01-025 was Issued to Enterprtse Rent-A-center on September 13, 2001. However, the Environmental Review process has since been eliminated and replaced with the Toxic Substance Permit process, which Is overseen by the Fire Department. It seems unlikely that the proposed car rental facility at Boynton Beach Mall would require a Toxic Substance Permit. The pennlt's applicability would ultimately be determined when an OCcupational Ucense Is requested. Page 3 CDRV 04-006 General characteristics of C-4 zoned øroøertv Generally, heavy automobile and commercial uses are separated from commercial nodes and public view. Currently, Passenger Car Rental establishments are therefore, allowed as conditional uses but only In the C-4 zoning dIstrict. It must be noted that It Is atypical to have a C-4 zoned property located along a major arterial; however, the Enterprise Rent-A-Car site Is an exception. The general intent and purpose of the C-4 zoning district is to provide adequate space for more Intense commercial uses. Therefore, the "sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks" are relegated to those aforementioned areas that are heavy commercial In nature. Accordingly, the Intention Is to separate these sites from less-Intense commercial activity and resIdential neighborhoods by virtue of the zonIng district within which they are allowed. Staff has acknowledged that historically, many properties In the C-4 zoning district were designed and approved for heavy commercial and Industrial uses with lower parking demand than their commercial counterparts. However, these older sites have been converted for automotive- Intensive uses that possess higher off-street parking demands. With respect to comparative parking requirements, O1apter 2, Section 11. H., provision of off-street parking spaces, Sectlon16.(f)(1) requires for Industrial, research and development, trades, wholesale, and warehouses: one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other pr/ndpal uses, Including office or retail floor area. Subsection 16.(f)(6) requires one (1) parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. However, according to Subsection 16.(d)(24) automotive paint and body shops are required one (1) parking space for every three hundred (300) square feet of gross floor area. In addiüon, each overhead door and inter/or spray booth may be counted toward a parking space, provided there Is a mInImum area, the size of a standarctparklng space, between an overhead bay door and an interior spray booth. However, in no case shall less than four (4) outsIde parking spaces be provided. Furthermore, Chapter 2, Section 16.(f)( 4), Including retail gasoline sales, retail automotive parts and I or accessories sales, and automotive repairs, Including major repairs, but excluding automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross floor area. The problem arises in situations when the auto-Intensive use becomes busler, the demand for extra parking spaces becomes more apparent. This Is due to the accumulation of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, these older, heavy commercial and Industrial sites are typically hidden and unseen from the major arterials. Also, auto-intensive uses generally require large amounts of parking spaces. For example, a car dealership Is basically just one large parking lot. Future imDlications It was previously mentioned that the subject code amendment would only affect one (1) property within the entire City of Boynton Beach. This property Is the Boynton Beach Mall. The applicant wants to operate a car rental business within a kiosk Inside the Sears Automotive Center. The kiosk would mostiy likely require building permits for Interior renovations. No other property within the dty is zoned C-3 and exceeds 75 acres. Therefore, this proposed amendment would currently have no impact on any property within the Community Redevelopment Area. The Boynton Beach Mall Is a development of regional Impact (DRI). The original DR! development order (D.O. R74-343) was adopted by Palm Beach County on May 7,1974 and then later by the aty of Boynton Beach per Ordinance No. 82-38 on November 16, 1982, when annexed Into the dty. The automotive service use was shown on the overall DRI master plan for the mall and was the subject of . _ __",~"","'''--''o""","".-_.._ ,.~o _..:_,~_~~""'_~'_"""'~~ ."'>',~. .- ~__~...-.._'-">,..........~,.,,-.-~._~~~_''''-'''''''''_~-____' .___ d'- ...___~__-. .-~-,-___.__._"'~- Page 4 CDRV 04-006 a special exception granted on September 12, 1978 by Palm Beach County Resolution No. R78-1132. The Sears' Automotive service use was accommodated under the original DR! because of the unbuJlt but approved third story of the Macy's Department store. On January 3, 1995, the City Commission approved Sears' conditional use I new sIte plan request (COUS 94-006) to construct a 21,694 square foot automotive service center and associated parking and landscaping. The approved site plan showed that the operation required 87 parking spaces but provided 99 parking spaces, or a net surplus of 12 parking spaces. Normally, when staff reviews for a code amendment, staff considers the potential Impact citywide. However, this amendment would only Impact one property so therefore, It seems logical to micro-manage and review on site-specific basis. The Sears' Automotive service center site could accommodate the applicant's request but only within the surplus of 12 parking spaces. Without site modifications, the site, and request Is therefore limited to 12 spaces rather than the requested 15 rental vehicles. RECOMMENDATION Based on this analysis, staff recommends approval of the applicant's request to amend the code to allow the rental of new or used automobiles as an accessory use (and conditional use) on those sites greater than 75 acres. However, staff Is recommending approval contingent upon the following text change reducing the number of stored automobiles to coincide with site capacity (from 15 vehicles to 12 vehicles), and the addition of definitions, which would help to clarify said use: (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. Rental of new or used automobiles will be allowed as an accessorv use within said building sub1ect to the followlna conditions: (I) The customer service area shall be located within said buildina. (ii) No more than fifteen (12) automobiles shall be stored on-site for the Durpose of rental. Said automobiles shall be stored In marked stalls. (Iii) No fueling or re-fuelina of automobiles shall be permitted on-site. Staff further recommends amending the Chapter 1, Article II. Definitions of the land Development Regulations to further clarify and safeguard against allowing any uses that are deemed undesirable to the Oty at-large. The amended language Is as follows: Automobile Rental - see Passenaer Car Rental Passenger Car Rental - Establishments Drimarilv enaaged In renting passenger cars without drivers. generallv for short Derlods of time. This excludes those establishments Drlmarllv enaaaed In passenger car leasing and taxi and limousine servtces. The amended language would allow passenger car rental establishments as conditional uses In subordinate buildings of shopping centers of greater than 75 acres and zoned C-3. The language proposed by staff recognizes the market demands; while at the same time preserving the performance and design of the Sears' Automotive service center. By Initiating the conditional use requirement, the Sears' Automotlve servtce center can be further reViewed for optimum layout, buffering, and operation In order to maximize compatibility with the surrounding area. Staff oplns that the request Is Justified by the logical relationship between car repair and car rental, and by the fact that the dty culTently only has one (1) licensed car rental business. Staff also Page 5 CDRV 04-006 endorses the request given the limitations against the possible proliferation and Impact on commerdal corridors, and since the subject site already has the parking space capacity to support this accessory use. Furthermore, all future businesses would have to satisfactorily meet the standards for evaluating conditional uses. Each application would be reviewed on a case-by-case basis, subject to advisory Board and City Commission approval. MR/elj S:\Plannlng\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-006 Car Rental\Staff Report.doc .<_ ~'___~_'~O~_'_~_"""''''''''-'''''~-''''''¡'''''~'/~~O ---/- _ '~__"-_m_""~"=-""---'--~_-' _~ 0- ____~.,,~..._.~~__..,,_.,,-_______< XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2,2004 [8J October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids D Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on October 4th. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (ANEX 04-003) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately 1 /4 mile north of Gulfstream Boulevard DESCRIPTION: Request for annexation of9.99 acres of partially developed parcels located in unincorporated Palm Beach County. PROGRAM: IMP ACT: FISCAL IMP ACT: ALTERNATIVES: Developm Dep 7.rJ ~ 9 Planning and Z . g Director City Atto / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\ANEX 04-003\Agenda ltern Request Gulfs e m ANEX 04-003 public hearing.2nd reading 10- 19-04.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- oeo 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 9.99 ACRES OF 5 PARTIALLY DEVELOPED PARCELS OF LAND THAT 6 IS CONTIGUOUS TO THE CITY LIMITS WITHIN 7 PALM BEACH COUNTY AND THAT WILL, UPON 8 ANNEXATION, CONSTITUTE A REASONABLY 9 COMPACT ADDITION TO THE CITY TERRITORY; 10 PROVIDING THAT THE PROPER LAND USE 11 DESIGNA TION AND PROPER ZONING OF THE 12 PROPERTY SHALL BE REFLECTED IN SEPARATE 13 ORDINANCES TO BE PASSED SIMULTANEOUSLY 14 HEREWITH; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, CODIFICATION AND AN 16 EFFECTIVE DATE; PROVIDING THAT THIS 17 ORDINANCE SHALL BE FILED WITH THE CLERK 18 OF THE CIRCUIT COURT OF PALM BEACH 19 COUNTY, FLORIDA, UPON ADOPTION. 20 21 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 22 evelopment of an Annexation Program; and I 23 WHEREAS, The owners, by and through their agent, Bradley Miller, Miller 24 and Planning Consultants, Inc., of the property more particularly described hereinafter, 25 as heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code 26 f Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain 27 ract of land consisting of approximately 9.99 acres; and 28 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 29 ollowing tract of land as hereinafter described, in accordance with Article I, Section 7 30 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 31 nd 32 \VHEREAS, said tract of land lying and being within Palm Beach County is 33 ontiguous to the existing city limits of the City of Boynton Beach, and will, upon its :\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc -~- . __ -~_-<O.-__....-.,..-...~_O'-,-_......,.--"".___=...-_ -~-~--~ ~- ~ ,> -. ' _ _..._o___,,-,,,-~<>_........-~,,---.~>-,,,..o.,.~< '-" -'.~~-'",,",~ 1 nnexation, constitute a reasonably compact addition to the City territory. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section I. That each and every Whereas clause is true and correct. 5 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 6 oynton Beach, Florida and Section 171.044, Florida Statutes the following described 7 nincorporated and contiguous tract of land situated and lying and being in the County 8 fPalm Beach, Florida, to wit: 9 See attached Exhibit "A" 10 11 ONTAINING APPROXllv1ATELY 9.99 ACRES OF LAND 12 13 s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shaIl 14 e and become part of the City with the same force and effect as though the same had 15 een originally incorporated in the territorial boundaries thereof. 16 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 17 orida, is hereby amended to reflect the annexation of said tract of land more particularly 18 scribed in Section 1 of this Ordinance. 19 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 20 ning designation and Land Use category is being detennined as contemplated in Section 21 1.162(2), Florida Statutes. 22 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 23 pealed. 24 Section 5: Should any section or provision of this Ordinance or any portion thereof 25 declared by a court of competent jurisdiction to be invalid, such decision shaH not affect the 26 mainder of this Ordinance. :\CA\Ordinances\planning\Annexations\Annexation - Gulfstream.doc I I 1 Section 6: This Ordinance shall not be passed until the same has been advertised 2 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 3 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 4 Section 7. This ordinance shall become effective immediately upon passage. S Section 8. Specific authority is hereby given to codify this Ordinance. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 ircuit Court of Palm Beach County, Florida. 8 FIRST READING this ~ day of Oc.Tob~(""" ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of , 2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 TTEST: 25 Commissioner 26 27 ity Clerk .- 28 29 ,\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc -~---'-""""''''--.-'''~- - ,,-0_>'-.-- ..A_m____-.<-___.....~_.".~__~___,.4-__~;__. -.O<-_._--..<~<.___,.J'x"'.......·....ÞO>-'_,_-'r____'->. '-"" Exhibit "An GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERLY PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLE,RK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERLY ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERLY ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. __ü ,._>~.__~"",--..~_~>_ - tT! ~~--.----'~ _ ___,_.....~'""'"__""__ -.,...~_"'~~..._o.>.= .-"" ~_~.___, ___~ ,__~<_"'-_c~~_"~.->,, _- ~-____~_.k.'__' DEVELOPMENTDEPAR~ENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and ron FROM: Dick Hudso, CP Senior Planner ~~ THROUGH: Michael w. Rumpf ~ Director of Planning and Zoning DATE: September 1, 2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: . Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (Palm Beach County), General Commerdal and Local Retalf Commercial (City of Boynton Beach) to Spedal High Density Residential; and . Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commerdal (Oty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON Property Owners: Multiple owners, Induding: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development &. Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. &. Arthur E. Parsons, ill Applicant! Agent: Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. location: West sIde of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard (exhibit "A") Parcel Size: 9.99 acres ExIsting Land Use: Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) Page 2 File Number: lUAR 04-004 Gulfstream Gardens existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commerdal and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned UnIt Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (ServIce Electric) In unIncorporated Palm Beach County designated CHIS (Commercial High Intensity with an underfylng S -units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment is consistent with the Comprehensive Plan, and In particular with policies that support annexation of endaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic conbibution to both the neighborhood and to the Oty, and; 4. There Is a long-standing lack of demand for retail commercial land In the vldnlty and a high proven demand for residential land use In the Federal Highway conidor. , _.,-~- ~-,-......,.-.,,"'- ..-,,- -'<~'~~"""'-""'-"'--"'''-<'''~-;->-----'--'' .. -,-_.-,~~.~,,-",,---"'--~"""""'-'_''';-_.-''---~' ......--.----"..--- Page 3 File Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the COmprehensive Plan was adopted In 1989, the Oty Included polldes dealing with the future annexation of properties adjacent to Its boundaries. One of the Oly's policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing selVlces to these enclaves Is difficult for the County, and In fact, they rely on the Oty, through Intel10cal agreements, to provIde emergency selVlces. It was envisioned that the properties along the Federal Highway Corridor south of the Intersection of Old DIxie Highway, Including the subject parcels, would eventually be annexed Into the Oty and form a retall-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use In this area would be new car dealerships. Over the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, partlcularty those with densities greater than 10.8 units per acre. Higher density development was fadlltated by the Otýs Comprehensive Plan through the establishment of the Special High Density Residential dasslfication, Intended to support redevelopment In the coastal area. This type of development furthered the pattern that existed In the conidor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 dulae with densities ranging from 21 dulae (COlonial aub) to 32.2 dulac (Seagate). The shift has served to replace marginal and sub-standard commerdal uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable nelghborhood-servlng commercial uses are being concentrated Into nodes located at major Intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under Its present land use the property could be developed for the range of commercial uses permitted within the existing local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Special High DensIty Residential dasslfication to develop 199 condominium units and accessory amenities. Generally, when a PUD Is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this Instance, the developer has chosen to submit a Master Plan. Master Plans give general Information about a proposed development through graphics and tabular data, but are not so specific as to desa1be exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently flied for this project. The prlndpal elements of a master plan consist of density, unit types, setbacks, access and drculatlon and Infrastructure sources and needs. , Page 4 Rle Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the intemal circulation and the allocation of parking are in a configuration that creates a pedesbian- fiiendly development that provide the feel of a neighborhood. Major access to the development Is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unIt building, have a minImum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building Is shown at 45 feet. Parking spaces are provided either as first-floor garages, In detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities Include two swimming pools, one adjacent to a dubhouse and one adjacent to a cabaña. A third, passive recreation area, Is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the florida Department of Community Affairs dassifies this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Rorida Department of Community Affairs and Is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The aiterla used to review Comprehensive Plan amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Section 9, AdmInistration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change Includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to SectIon 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonlngs are to be reviewed as Indicated In SectIon 9 .C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually In those Instances, staff analysIs relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polldes Indudlng but not Hmited to, a prohibition agaInst any Inaæse In dwelling unit density exceeding 50 In the hunfœne evacuation zone wtthout written approval of the Palm Beach County Emetpency PlannIng DIvisIon and the aty's risk manager. The plannIng department shall a/so recommend limitations or ~--,-_._-.. _ ____~.d,~"'__,._..,-~__·""'~"'~__-___·___··_ Page 5 Rle Number: LUAR 04-004 Gulfstream Gardens requIrements, whIch would have to be Imposed on subsequent development of the property, In order to comply with pol/des contaIned In the comprehensIve plan. The subject property Is located on the west side of Federal Highway and therefore Is not In the hurricane evacuation zone; however, It Is staffs recommendation that the developer provide a mechanism to disseminate continuing Information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. OVer the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlltated by the Oty's Comprèhenslve Plan through the estabnshment of the Special High Density Residential dasslficatlon, Intended to support redevelopment In the coastal area. land use amendments and rezonlngs, which change designations from commercial uses to residential uses, are particularly consistent with two polldes In the Comprehensive Plan: "Policy 1.17.1 7ñe Gty shall continue to discourage additional commercial and Industrial uses beyond those which are cunentiy shown on the Future Land Use Map, except where access Is greatest and Impacts on residential/and uses are least"; and "Policy 1.19.7 7ñe Gty shall continue to change the land use and zoning to permit only resIdential or other non-commercial uses in areas where the demand for commercial uses will not inaease, particularly in the Coastal Area. H The subject property is located In Planning Area V (Entrances to the City) in the Federal Highwav Conidor Community Redevelopment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area Indude the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at Intensities that will assist In supporting the downtown area and general economic expansion. IF (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less Intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the Oty." (p. 81) In concert with the recommendations dted, the resIdential density of the proposed development, and elimination of "strip" commercial areas In this vicinity will help support the downtown commercial core, as well as recognized commercial nodes In the conidor. In addition, It Is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. Page 6 File Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezonIng would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby dlstrl~ or would constlwte a grant of special privilege to an Individual property owner as contrasted with the protection of the publIc welfare. The changing development pattern In the Federal Highway corridor has seen an Increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that exIsted In the corrIdor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial aub) to 32.2 du/ac (Seagate). The shift In the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the conidor, as well as the Oty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to Increase the range of housing opportunities available In the redevelopment area. c. Whether changed or changing conditions make the proposed rezonIng desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent In the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with uülity systems, roadways, and other public fadlities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly Increase with the change In use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site Is less than the maximum possible, since the applicant used 0.35 Roar Area Ratio (FAR), when In actuality, the maximum FAR 1s 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would Increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capadly (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential bãfflc generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum daUy bãffle generation of 5,211 trips, compared to 1,393 maximum trips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting Level of Service standards of the Ordinance. _ . _._.." n.n ..... ~~_> _0_""",,,"--_ ~-....- '-~ ~ - --- --"~~'-~-" ,"o~__~__,--"",,,-_"~"'-"__ ____"'"""_~_=,...".rt__---~· ~ -~---- ~--~.~.- Page 7 Rle Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination Is not required as a part of the Land Use Amendment process, but Is required In conjunction with a rezoning/site plan application. The School District has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All Impacted schools In Concurrency Service Area 19, where the project is located, are operating below maxImum capacity, therefore, concurrency Is not an Issue. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munldpaUtles throughout the 10-year plannIng period. Lastly, draInage will be reviewed In detail as part of the site plan approval process, and must satisfy all requirements of the city and local draInage permitting authorities. e. Whether the proposed rezoning would be compatible with the CUlrent and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to Increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low Intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economIcally developable under the exisUng zoning. Portions of the property are currently vacant and. portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property Into the Oty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Comm~nlty Commercial zonIng. The remaining portion of the properly fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It Is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning Is of a scale whim Is reasonably related to the needs of the neIghborhood and the dty as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance corridor to the my and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sItes elsewhere /n the dty for the proposed use, In districts where such use Is already aI/owed. In accordance with the definition of the Special High DensIty ResIdent/a/land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the dty where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sJtes serve to promote the goals of the CommunIty Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDATIONS ~ Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; will not create additional Impacts on Infrastructure that have not been antldpated In the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the aty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be Induded as Exhibit "B". AlTACHMENTS S:\PlaMlng\SHARED\WP\PROJECTS\Gulfstream Gardens\WAR O«04\STAfF REPORT NEW.doc .~ ___.____~-.~r... ._....._¡o..-<-.~__~>_.-__"'.. . _n.'.__.___.___-... ~- ---.~.~-"""".,~--_._~-~,""'--- -~- '. . --.....--- -.-..~._-~-- GULFSTREAM GARDENS LOCATION MAP ~ Z IU i< .... Q Q ... 0 Z - } LEGEND .+ U/.M Annexation Area Amendment Area o 35 10 140 210 2rPeet -- LRC - Local Reta" Commercial GC - General Commercial ~- ~ . HI Î.! II' tJ¡ II.. tI '\pOGII uo¡uAoII ~ l \ JJ -II eo. ( ~ i ~ UII d:1 lil:IlIi"I¡I¡! I SUapJDÐ WDaJlSllOÐ i I· f ~j~o. i I~ I~ IIi ~ ~ I .41 I ; ! I - ~ I~ .:. , ~ R 0 ---- [ U ol!!~' ~ "II 1 ! ~! R."". !; I ~ I In !!~! J si. !t t :;7# I t~JI ~ ~ ~!iii I It~- lii,r!i ¡ i ~lllln I f ü )ff JJ. If .. "i ...~ I I II . ~ . .. II H i¡¡ )..) #1' IJI I D!I I I - -. -- ==~~ -=- ~~1:t t - -=- j. ~ . .. ._ ~~.__~i__",~__ ._. __.~__~_ _____.-. ._____.~_~·__1.._ XII. - LEGAL ITEM A.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) Ju]y ]9, 2004 o October 4, 2004 (Noon) September 20, 2004 o August ]7,2004 (Noon) August 2, 2004 l'8J October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 2], 2004 (Noon) September 7, 2004 o November] 6,2004 (Noon) November], 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing l'8J Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on October 4,2004. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (LUAR 04-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately 1 /4 mile north of Gulfstream Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map fÌ"om Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential. Proposed use: Multi-family residential development. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: Developme e artme t Director kt-!~ ey / Finance / Human Resources Planning and Z g DlIector S:\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\LUAR 04-004\Agend earn LUAR 04-004 Amend 2nd reading 10-19- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 0 B , 2 3 AN ORDINANCE OF THE CITY OF BOYNTON , 4 BEACH, FLORIDA AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSNE PLAN FOR I 7 A 9.99 ACRE PARCEL; THE LAND USE I 8 DESIGNA TION IS BEING CHANGED FROM 9 COMMERCIAL HIGH INTENSITY, GENERAL i I 10 COMMERCIAL AND LOCAL RETAIL I 11 COMMERCIAL TO SPECIAL HIGH DENSITY I 12 RESIDENTIAL; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, AND AN EFFECTNE DATE. 14 15 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land I 17 Use Element by Ordinance No. 89-38 in accordance with the Local Government I I I 18 Comprehensive Planning Act; and j 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 21 and 22 WHEREAS, after public hearing and study, the City Commission deems it in 23 the best interest of the inhabitants of said City to amend the aforesaid Element of the 24 Comprehensive Plan as adopted by the City herein. 25 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COl\ll\rJISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and 28 incorporated herein by this reference. 29 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 30 following: S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens.doc -- ~----- -~.._~-~- - --. _or _~,'__~..-....=---_. _~__.. --" -~ < ~-. -. --~.-. - _._-,,--~~-~._~---..--..------ '--.' ~- - 1 That the Future Land Use of the following described land shall be designated as 2 Special High Density Residential (SHDR). Said land is more particularly described as 3 follows: 4 See legal description attached hereto as Exhibit "A". 5 6 7 Subject to easements, restrictions, reservation and rights of way of record. 8 9 Said lands situate, lying and being in Palm Beach County, Florida. 10 11 Section 3: That any maps adopted in accordance with the Future Land Use Element 12 shall be amended accordingly. 13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 14 repealed. 15 Section 5: Should any section or provision of this Ordinance or any portion thereof 16 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 17 the remainder of this Ordinance. 18 Section 6: This Ordinance shall take effect on adoption, subject to the review, 19 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 20 Planning and Land Development Regulation Act. No party shall be vested of any right by 21 virtue of the adoption of this Ordinance until all statutory required review is complete and 22 all legal challenges, including appeals, are exhausted. In the event that the effective date is 23 established by state law or special act, the provisions of state act shall control. 24 25 FIRST READJNG this L day of OeTober , 2004. 26 S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens.doc 1 2 SECOND, FINAL READING and PASSAGE this _ day of ! , ¡ 2004. ; 3 I 4 CITY OF BOYNTON BEACH, FLORIDA I I 5 I 6 7 Mayor I 8 9 I 10 Vice Mayor I 11 I 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner I 20 ATTEST: 21 22 23 City C]erk 24 25 (Corporate Sea]) 26 I S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens_doc ---~- ---,-- -.~=~~----.~ - -, __ ___'_"'_0.. .. . -~~''"~- ---~",,----~--. ----__><, _~.,,"__.' _-....-_...-__,f!·__-"__· -~- . .->- -'~ ~">'~-;-- Exhibit "A" GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERL Y, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE I I I I SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. I TOGETHER WITH: I I LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT i THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND , I FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; I SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. I TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. . .~-~--"'...=~-< ~~"- . - ... - .'--- <-- _...__..._............. ._>__ < - -~_~______ _ _ ,.,-~·~.ft."".>-"""--..·_.____c _.__~_o>-...> - ____...._..~~.>õ_."._"""_-_"'_=t.!o-- _"'_. DEVELOPMENT DEPARTMENT PLANNING a. ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and rS10n FROM: Dick Hudso, CP Senior Planner t\~ THROUGH: Michael W. Rumpf ~ Director of Planning and Zoning DATE: September 1, 2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (Palm Beach County), General Commercial and Local Retail Commercial (City of Boynton Beach) to Special High Density Residential; and . Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (City of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON Property Owners: Multiple owners, induding: Broward Pump and Supply Gulfstream Gardens, LtC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, ITI Applicant! Agent: Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. location: West side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (exhibit "A") Parcel Size: 9.99 acres existing Land Use: Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) Page 2 Ale Number: LUAR 04-004 Gulfstream Gardens Existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (Service Electric) In unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying S units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Sea crest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment Is consistent with the Comprehensive Plan, and In particular with policies that support annexation of enclaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic conbibutlon to both the neighborhood and to the Oty, and; 4. There Is a long-standing lack of demand for retail commercial land In the vicinity and a high proven demand for resldentfalland use In the Federal Highway conidor. _ _._~ _.~-.>-_,-..,.>~....~, o_~,,,,·,,,_v_,,,,, - - - '__"___¿~"~O-~": Page 3 Ale Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the City Included policies dealing with the future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of thIs policy, since providing services to these enclaves Is difficult for the County, and In fact, they rely on the CIty, through Interlocal agreements, to provide emergency services. It was envisioned that the properties along the Federal Highway Conidor south of the Intersection of Old DixIe Highway, Including the subject parcels, would eventually be annexed Into the Oty and fonn a retafl-orlented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan through the establishment of the Special High Density Residential dassfficatlon, Intended to support redevelopment In the coastal area. This type of development furthered the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 dujac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Special High Density Residential dassification to develop 199 condominium units and accessory amenities. Generally! when a PUD Is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application! which can fulfill the requirements for both a site plan and master plan. In this Instance, the developer has chosen to submit a Master Plan. Master Plans give general Information about a proposed development through graphics and tabular data, but are not so spedfic as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are requIred elements of a site plan application, which will be subsequently filed for this project. The prindpal elements of a master plan consist of density, unit types! setbacks, access and circulation and Infrastructure sources and needs. Page 4 Ale Number: lUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the Intemal circulation and the allocation of parking are In a configuration that creates a pedestrfan- friendly development that provide the feel of a neighborhood. Major access to the development is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit bUilding and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee sImple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building Is shown at 45 feet. Parking spaces are provided either as first-floor garages, In detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities Include two swimming pools, one adjacent to a clubhouse and one adjacent to a cabaña. A third, passive recreation area, is a landscaped courtyard with a central water feature. PROJECT ANAL YSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regIonal and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually in those Instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consIstent with applicable comprehensive plan polldes Indudlng but not limited to, a prohibition agaInst any Increase In dwelling unit density exceedIng 50 In the hunfcane evacuation zone without written approval oftl1e Palm Beach County Emergency PlannIng DIvisIon and the atýs risk manager. The plannIng department shall also recommend limItations or ,~_____-~"'_~'_~ __~ _._ _ _~ :.o,L_ ,_....~~ _0>..,__".< __ _ <_ ._~_____ _>_._~___.o<' - --~---_.~-.-- .- <--- ----' ~'""' ~-,----- .-,-- --~ Page 5 Rle Number: lUAR 04-004 Gulfstream Gardens requiremen~ which would have to be Imposed on sUbsequent development of the prope~ In order to comply with polldes contaIned In the comprehensIve plan. The subject property Is located on the west side of Federal Highway and therefore Is not tn the hurricane evacuation zone; however, It Is staffs recommendation that the developer provide a mechanism to disseminate continuing Information to residents concerning hunicane evacuation and shelter locations through the homeowners' or residents' association that will be established. Over the past several years, the Oty has seen a shift from the perpetuation of small commerdal uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlltated by the Qtýs Comprêhenslve Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment In the coastal area. land use amendments and rezonings, which change designations from commercial uses to residential uses, are particularly consistent with two polides In the Comprehensive Plan: "Policy 1.17.1 7ñe City shall continue to discourage additional commercial and Industrial uses beyond those which are cUJTently shown on the Future Land Use Map, except where access is greatest and Impacts on residenüa! land uses are least"; and ''Po!icy 1.19.7 Tñe City shall conünue to change the land use and zoning to pennit only residential or other non-commercial uses in areas where the demand for commercia! uses wil! not increase/ paroculany in the Coastal Area. H The subject property is located in Planning Area V (Entrances to the aty) in the Federal Highwav Conidor Community Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area Include the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at Intensities that will assist in supporting the downtown area and general economIc expansIon." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the Oty." (p. 81) In concert with the recommendations dted, the residential density of the proposed development, and elimination of "sb1p" commercial areas In this vldnlty will help support the downtown commerdal core, as well as recognized commerdal nodes In the conidor. In addition, It Is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. Page 6 File Number: lUAR 04-004 Gulfstream Gardens b. Whether the proposed rezonIng would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of spedal privilege to an Individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an Increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift In the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the aty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available In the redevelopment area. c. Whether changed or changIng conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly increase with the change in use. Estimates supplied by the applicant show that the futl development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site is less than the maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when in actuality, the maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum dally traffic generation of 5,211 trips, compared to 1,393 maximum trips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Petformance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting level of Service Standards of the Ordinance. _..._____,_o-""_".______-ff___ -.-" - --",.".-' >nO ___._,,,'_._____,_.___ Page 7 Ale Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination Is not required as a part of the Land Use Amendment process, but Is required In conjunction with a rezoning/site plan application. The School DIstrict has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All Impacted schools In Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency Is not an Issue. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed In detail as part of the site plan approval process, and must satisfy all requirements of the city and local draInage permItting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properá'es, or would affect the property values of adjacent or nearby properües. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and. portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property Into the City, the Palm Beach County zoning must be changed to a aty of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning is of a scale whIch Is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance corridor to the Oty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere In the city for the proposed use, In districts where such use /5 a/ready allowed. In accordance with the definition of the Special High Density Residentla/land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDAUONS As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; will not create additional Impacts on Infrastructure that have not been anticipated In the Comprehensive Plan; will be compatible with adjacent land uses and will contlibute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be included as Exhibit "B". ATTACHMENTS S:\Plannlng\SltAR£l>\WP\f'ROJECTS\Gu1fs\ream Gardens\LUAR 04-004\STAFf IU:PORT NEW.doc - '-- --._.~~..~--_·.--~,I~- _ -__.0__ ....,,¡,¡,..... __.____..o.-___._~_o·"'·_.oo______,~_· GULFSTREAM GARDENS LOCATION MAP ~ ~ IU .. ~ Q Q ... 0 Z - N LEGEND .." W"/M Annexation Area Amendment Area s o 35 70 140 210 28~eet -- LRC . Local Retail Commercial GC . General Commercial -- . ~f ~ I t 1 ¡l JJ _I i . ~ II ¡ ! I L I:' II "H ''POOQ UOI,,^OQ ~ ~ ~ II: Ie U' I. J~B ~ ~ ~ 2 HIlI d=1 Ijl:/II¡hql¡i¡ SUepJOÐ W08JlS1IOÐ i~· J ~jO-Ua! IrJ h IIi ~ ¡: J I II I ! 1- ~ I ~ . 13 R . ----- [ 1{1 >I!!'~ 3 e jJ J ~ ~ 5 ,,' M . J ,... 1 fu lUU _n I!'UC ~ lis !t t '-7 I i':lI .. ~ ~!i¡i & If~' Jiifli !I ; i ~I IIIII I I~ii ~If lis ° If U ø i, 0- J I I I .......n J ~ J< J< II H i¡ i ]..) ,,(. JII II HI £ ! ~J I R - --. f -=- j. ~ -< -- -~-~-....--_.-... ~~-~,-,-'--.- XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEACH , AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) Ju]y ] 9,2004 c=J October 4, 2004 (Noon) September 20,2004 c=J August]7,2004 (Noon) August 2, 2004 [8J October ]9,2004 (Noon) October 4,2004 o September 7, 2004 (Noon)August]6,2004 c=J November 3, 2004 (Noon) October ] 8, 2004 c=J September 2],2004 (Noon) September 7, 2004 o November] 6, 2004 (Noon) November ],2004 c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda 0 New Business AGENDA ITEM c=J Public Hearing [g Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on October 4, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (LUAR 04-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately I 14 mile north of Gulfstream Boulevard DESCRIPTION: Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD). Proposed use: Multi-family residential development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devdop n epartment Dll<eto' i l.r;) -¿~~ . Planning and . g DIrector CIty mey 1 Fmance 1 Human Resources S:\P]anning\SHARED\WP\PROJECTS\Gu]fstream Gardens\LUAR 04-004\Age da Item Request Gulfstream LUAR 04-004 Rezone 2nd reading 10-19- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 082- 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE APPLICATION 5 TO REZONE 9.99 ACRES OF LAND, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND FROM COMMERCIAL GENERAL DISTRICT 8 (CG); GENERAL COMMERCIAL (C-4) AND 9 COMMUNITY COMMERCIAL (C-3) TO PLANNED 10 UNIT DEVELOPMENT (PUD); PROVIDING FOR 11 CONFLICTS, SEVERABILITY AND AN EFFECTIVE 12 DATE. 13 14 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for ; 16 said City; and 17 \VHEREAS, Bradley Miller of Miller Land Planning Consultants, Inc., as 18 agent for the multiple property owners, the property being more particularly 19 described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of 20 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 21 for the purpose of rezoning a parcel of land consisting of approximately 9.99 acres, 22 said land being more particularly described hereinafter, from Commercial General; 23 General Commercial (C-4) and Community Commercial (C-3) to Planned Unit 24 Development (PUD); and 25 WHEREAS, the City Commission conducted a public hearing and heard 26 testimony and received evidence which the Commission finds supports a rezoning 27 for the property hereinafter described; and 28 \VHEREAS, the City Commission finds that the proposed rezoning is S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gulfstream Gardens.doc --- --- -.. ~~...-.-- -~_" . ~__ .-;,.~"~~.~,-__.,,.-U- ~~~- .-. -'-~';'" - ,~ 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton 11 Beach, Florida as set forth as follows: 12 See Legal Description attached as Exhibit "A" 13 14 be and the same is hereby rezoned ITom Commercial General; General Commercial (C-4) 15 and Community Commercial (C-3) to Planned Unit Development (PUD). A location 16 map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 17 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 18 accordingly. 19 Section 4. An ordinances or parts of ordinances in conflict herewith are 20 hereby repealed. 21 Section 5. Should any section or provision of this Ordinance or any portion 22 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 23 ot affect the remainder of this Ordinance. 24 Section 6. This ordinance shan become effective immediately upon passage. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gulfstream Gardens.doc 1 2 FIRST READING this ~ day of OC-Tober , 2004. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 ) 23 City Clerk 24 25 (Corporate Seal) S:\CA \Ordinances\PJanning\Rczoníng\Rezoning - Gulfstream Gardens.doc ~,-----_..-- ~ - .- _____"_ __"._,,-=~;..._"'~_~-__..__ 0<>., Exhibit "An GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERLYL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERL Y 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. I - -- ------... _ Tk___.,<_'._>__....,...,..~.__,O______ - -----~>-- ---- -,- -~---, -".»~---..,.--~~.~ ~_.., - -.> - - DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and rlOn FROM: Dick Hudso, CP Senior Planner ~~ THROUGH: Michael W. Rumpf ~ Director of Planning and Zoning DATE: September 1, 2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (Palm Beach County), General Commercial and Local Retail Commercial (City of Boynton Beach) to Special High Density Residential; and · Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (aty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON Property Owners: Multiple owners, including: Broward Pump and Supply Gulfstream Gardens, LlC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, III Applicant! Agent: Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. Location: West side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (exhibit "A") Parcel Size: 9.99 acres exIsting Land Use: Commercial Hlgh/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) Page 2 Ale Number: lUAR 04-004 Gulfstream Gardens existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (Service Electric) In unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying 5 -units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUnvE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment Is consistent with the Comprehensive Plan, and In particular with policies that support annexation of enclaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic conbibution to both the neighborhood and to the City, and; 4. There Is a long-standing lack of demand for retail commerdalland In the vicinity and a high proven demand for residential land use In the Federal Highway corridor. " <---~ - ._-<~---,-:~,~.~.~"""""~_._-. -- :--~~-.' -< -~-<-.".,<-~~-~. <__....__X_"'L~ _ ~ ~ .~- -. Page 3 Ale Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the City Included policies dealing with the future annexation of properties adjacent to Its boundaries. One of the CIty's policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves Is difficult for the County, and in fact, they rely on the CIty, through Interlocal agreements, to provIde emergency services. It was envisioned that the properties along the Federal Highway Corridor south of the Intersection of Old Dixie Highway, Including the subject parcels, would eventually be annexed Into the Oty and fonn a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shIft from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan through the establishment of the Special High Density Residential dasslfication, Intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Sea gate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses pennltted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Special High Density Residential dasslfication to develop 199 condominium units and accessory amenities. Generally, when a PUD Is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this Instance, the developer has chosen to submit a Master Plan. Master Plans give general Information about a proposed development through graphics and tabular data, but are not so specific as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently filed for this project. The principal elements of a master plan consist of density, unit types, setbacks, access and drculation and Infrastructure sources and needs. Page 4 Rle Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the Internal circulation and the allocation of parking are In a configuration that creates a pedestr1an- friendly development that provide the feel of a neighborhood. Major access to the development Is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple town homes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building Is shown at 45 feet. Parking spaces are provided either as first-floor garages, in detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities Include two swimming pools, one adjacent to a cfubhouse and one adjacent to a cabaña. A third, passive recreation area, is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the Rorlda Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparbnent of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as Indicated In Section 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually In those Instances, staff analysis relates only to consistency with other relevant portions of the ComprehensIve Plan, the city's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consIstent with applicable comprehensIve plan po/ides Indudlng but not limited w, a prohIbition agaInst any Increase In dwelling unit density exceedIng SO In the hunfcane evacuation zone without written approval of the Palm Beach County Emergency PlannIng DIvisIon and the Otýs risk manager. tñe planning department shall also recommend lImItations or -- --.-- .---~-' ._---~-- . .~---«~--._..._-~"~--'-- -----.--.- __.__,~.~-____'T Page 5 Ale Number: lUAR 04-004 Gulfstream Gardens reQuiremen~ which would have to be Imposed on subsequent development of the prope~ In order to comply wfth po/Ides contaIned In the comprehensIve plan. The subject property Is located on the west side of Federal Highway and therefore Is not In the hurricane evacuation zone; however, It Is staff's recommendation that the developer provide a mechanism to disseminate continuing Information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that wfll be established. Over the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the comdor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlltated by the CIty's Comprehensive Plan through the establishment of the Special High DensIty Residential classification, intended to support redevelopment In the coastal area. land use amendments and rezonlngs, which change designations from commercial uses to residential uses, are particularly consistent with two polides In the Comprehensive Plan: ''Policy 1.17.1 7ñe City shall continue to discourage additional commercial and Industlial uses beyond those which are currenUy shown on the Future Land Use Map/ except where access is greatest and Impacts on residential land uses are least; and ''Policy 1.19.7 7ñe City shall continue to change the land use and zoning to pennit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase/ particularly in the Coastal Area. H The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community RedeveloDment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area Include the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at Intensities that will assist In supporting the downtown area and general economic expansion. If (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the àty entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the aty." (p. 81) In concert with the recommendations dted, the residential density of the proposed development, and elimination of "strlpn commercial areas In this vldnlly will help support the downtown commercial core, as well as recognized commercial nodes In the conidor. In addition, It Is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. Page 6 Rle Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezonIng would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of spedaf prlvtlege to an Indivtduaf property owner as contrasted mt!7 the protection of the public welfare. The changing development pattern In the Federal Highway corridor has seen an Increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 dulac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Sea gate). The shift In the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the CIty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available In the redevelopment area. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly Increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (1ñe estimate for potential square footage developable on the site Is less than the maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when In actuality, the maximum FAR Is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would Increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum dally traffic generation of 5,211 trips, compared to 1,393 maximum trips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting level of ServIce Standards of the OrdInance. _ ",~._~__~.__~,~.~""_.oO_.......~..-_... 4S~.·~",,"""""'" ----~--.~---- . ~.____U'_____ Page 7 Ale Number: lUAR 04-004 Gulfstream Gardens Public School Concurrency Determination Is not requIred as a part of the land Use Amendment process, but Is required In conjunction with a rezonIng/site plan application. The School DIstrict has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All Impacted schools In Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency is not an Issue. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the to-year plannIng period. lastly, drainage will be revIewed In detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage pennlttlng authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commerdal uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property Into the Oty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remainIng portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It Is unlikely, however, that a commercial tract of almost 10 acres would be physIcally or economically viable. g. Whether the proposed rezoning Is of a scale whIch Is reasonably related to the needs of the neIghborhood and the dty as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance corridor to the CIty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sItes elsewhere In the city for the proposed use, In districts where such use Is already allowed. In accordance with the definition of the Specla/ High Density Resident/a/land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the city where residential development could occur at a density of 10.8 du{ac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those avaf/able sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDAnON~ As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; will not create additional Impacts on Infrastructure that have not been anticipated In the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the aty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the aty Commission, they will be included as Exhibit "B". AlTACHMENTS S:\Plannlng\SHARED\WP\PROJEcrS\Gu!fs\ream Gardens\LUAR O<I-004\STAff REPORt" NEW.doc . _._d_H.<~'<_~___-'O ,- ~-... >--,._~~--~~~ . -~-_._- .---Y-.--" - GULFSTREAM GARDENS LOCATION MAP ~ ~ III .. ~ Q Q .." 0 2 - N LEGEND .+. ~././.A Annexation Area Amendment Area s o 35 70 140 210 28~eet -- LRC . Local Retail Commercial GC . General Commercial ¡JI I u1 ~ · 1 .11 . ~ II I' II. I:' '" 11 ''POO; UO¡W-O¡¡ ~ 'l ~ ~ ~ I i III d!í 1¡lln ¡illlllli! I sUepJOÐ woeJ~sllnÐ i ~ ...'8 I ~j~uK! ItJ h IIi." I 1.11 , ! 1- ~ I ~ , I ~ X 0 ~ ;!!.~ ~ ; Ii I ~ . -- I " I t 1 In JUll ~ R .!~,~ ~ !;! !t J ,,-< I t~lI .. ~ ! :!i¡i i ijii Jjlf~ !I i j ]1 IIII! I I.fl ~If IJð ~ U g~ S ~4 I R d _.n J . . . II H i. i )..) "I- III II ~I i ! ~I ! I - ---~- - t -~ j, ~ 0 XII. - LEGAL ITEM A.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 4, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 I:8J October 19, 2004 (Noon) October 4, 2004 o September 7. 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATlJRE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing I:8J Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance - First Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-231. EXPLANATION: PROJECT: Boynton Mango (LUAR 04-011) AGENT: Maggie Barszewski, Boynton Mango LLC OWNER: Boynton Mango LLC LOCATION: Northwest comer of Boynton Beach Boulevard and NW 7th Court DESCRIPTION: Request to amend the Future Land Use designation rrom Low Density Residential (LDR) to Local Retail Commercial (LRC). PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: Develop nt epartment Direct JQ-L ~ Planning and Zo;ritg Director City Attorn Finance / Human Resources S:\PlanningìSHARED\WP\PROJECTS\Boynton MangoìAgenda Item Request B ynton Mango LUAR 04- J J 2nd reading Amend IO-J9-04.doc S:\BULLETIN\FORMSìAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 083 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AlVlENDING ORDINANCE 5 89-38 BY AlVlENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL O\VNED BY BOYNTON l\'IANGO 8 LLC. AND LOCATED AT THE NORTH\VEST 9 CORNER OF BOYNTON BEACH BOULEVARD 10 AND NORTH\VEST 7TH COURT; CHANGING 11 THE LAND USE DESIGNATION FROM LO\V 12 DENSITY RESIDENTIAL TO LOCAL RETAIL 13 COMMERCIAL; PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 19 Government Comprehensive Planning Act; and 20 \VHEREAS, the procedure for amendment of a Future Land Use Element of a I 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; I I 22 and I I 23 WHEREAS, after public hearing and study, the City Commission deems it in I i 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the I 25 Comprehensive Plan as provided. 26 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COl\'fMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I: The foregoing WHEREAS clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Boynton Mango.doc ~ --.._-------_.~-~~..-. --...~~. . I 1 following: 2 That the Future Land Use of the fonowing described land located at the 3 Northwest comer of Boynton Beach Boulevard and Northwest 7th Court in Boynton 4 Beach, Florida shan be changed from Low Density Residential and shan now be 5 designated as Local Retail Commercial (LRC): 6 THE SOUTH 50 FEET OF LOT 11, DEŒRL PARK, 7 according to the plat recorded in Plat Book 23, Page 236, 8 recorded in public records of Palm Beach County, Florida; 9 said land situate, lying and being in Palm Beach County, 10 Florida. 11 12 13 Subject to easements, restrictions, reservation and rights of way of record. 14 15 16 Section 3: That any maps adopted in accordance with the Future Land Use Element 17 ofthe Future Land Use Plan shan be amended accordingly. 18 Section 4: An ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5: Should any section or provision of this Ordinance or any portion thereof 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 22 the remainder of this Ordinance. 23 Section 6: This Ordinance shan take effect on adoption, subject to the review, 24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 25 Planning and Land Development Regulation Act. No party shall be vested of any right by 26 virtue of the adoption of this Ordinance until all statutory required review is complete and 27 an legal challenges, including appeals, are exhausted. In the event that the effective date is 28 established by state law or special act, the provisions of state act shan control. S;\CA\Crdinances\Planning\Land Use\Boynton Mango.doc I 1 2 FIRST READING this ~ day of Oc.Tober , 2004. 3 SECOND, FINAL READING and PASSAGE this _ day of , 4 2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor I 12 ! 13 i i 14 Commissioner I 15 i I 16 I 17 Commissioner 18 I 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 I I I , I I $=\CA\Ordinances\Planning\Land Use\Bo}~ton Mango_doc I \ - ~-~_.~~~~............- -,---,--->-.'--------- ' ~-.~---~- -. __,__~<___.......__;.~~~""'='...-._T..__ en_ DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-231 TO: Chair and Members Planning and Development Board Mayor and ~n FROM: Dick Huds , CP Senior Planner --r...\!JJ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 20, 2004 PROJECT NAME/NUMBER: Boynton Mango/LUAR 04-011 REQUEST: To amend the Future land Use designation from Low Density Residential (LOR) to Local Retail Commercial (LRC) and rezone from R-1-A Single-Family Residential to C-2 Neighborhood Commercial PROJECT DESCRlPnON Property Owner: Boynton Mango, LLC Applicant! Agent: Boynton Mango, LLGMaggie Barszewski Location: Northwest comer of Boynton Beach Boulevard and NW 7tt1 Court (Exhibit "A'') Parcel Size: 3,700 sq. ft. (0.08 acres) Existing Land Use: Low Density Residential (LOR) Existing Zoning: R-1-A Single-Family Residential (with use as C-2 zoning pursuant to Chapter 2. Zoning, Section 3.A.5.g. dealing with division of a lot of record) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: C-2 Neighborhood Commercial Proposed Use: Commercial Development on a total parcel of 0.29 acres (maximum potential of 6,316 square feet, based on a FAR of 0.5) Page 2 Rle Number: LUAR 04-011 Boynton Mango Adjacent Uses: North: Developed single-family residential designated Low Density Residential (LDR) and zoned R-1-A Single Family Residential South : Vacant commercial property under the same ownership as the subject parcel designated Local Retail Commeråal (LRC) and zoned C-2 Neighborhood Commeråal, then right-of-way of Boynton Beach Boulevard, and developed commercial uses (strip commeråal center) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commeråal East: Right-of-way of NW 7th Court then, to the southeast, developed commercial (attorneýs office) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, and to the northeast, developed residential (single-family residence) designated Low Density Residential (LDR) and zoned R-1-A Single Family Residential West: Developed commercial (dental office), the southern portion designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, the northern portion designated Office Commercial (OC) and zoned C-1 Office/Professional EXECUnYE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested action represents a minor boundary adjustment that will maintain general compatibility of the proposed land use with surrounding land uses, with the application of appropriate site improvements as described below; 2. It will resolve an Inconsistency between the future land use map and the zoning map; 3. It will not Increase the buildable square footage of commercial space for the property; 4. It may provide an opportunity for better site planning of the property; and, 5. Assuming that site Improvements to prevent any possible impacts of commercial development on the abutting single-family neighborhood to the north and east of the subject property; are induded as conditions of approval of the rezoning, such as: . The buffer wall requIred between commercial and residential zoning disbicts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum . _h__'___'__~~__~~'~L"~___ -. ._>_,.,........._<....,~ 0.-->- . ~-- - Page 3 Rle Number: LUAR 04-011 Boynton Mango distance to buffer the adjacent residence without Interfering with planned driveways and dear site triangles; and . Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the Intrusion Into the existing single-family neighborhood. BACKGROUND The original plat for the subject property shows that lot 12 was platted with a 139.89-foot depth along Nicholas Road (NW ¡ttI Court) and approximately 74 feet of frontage along Lake Avenue (Boynton Beach Boulevard).. Lot 1, east of lot 12, across Nicholas Road, was platted to a simifar depth and width. lot 11 and the remainder of the resldentfallots were platted with frontages on Nicholas Road of 95 feet and depths of 73 to 74 feet. SUbsequently, the north 45 feet of lot 11 was combined with 30 feet of lot 10 and sold for residential development, leaving the south 50 feet of lot 11 vacant (and not meeting the 60 foot minimum frontage or the 7,500 square foot lot area requirements for residential development under the R-1-A zoning). The owner of lot 12 purchased this remnant of lot 11. In 1987, a request by the owner of the two parcels for land use amendment for the subject property to Local Retail Commercial and rezoning to C-2 Neighborhood Commercial was denIed in a 6-1 vote (endorsing the recommendation of the Planning Department) (P & D Minutes, 5/12/87). The City Commission voted 5-0 to deny the request (CC Minutes, 5/19/87). In 1992, the Planning and Development Board voted unanimously to allow the 50-foot portion of lot 11 "zoned for residential use. . .(to) be used for commeråal use"(without a change to the map}, adding conditions that the north 30 feet of the subject property (abutting the residential development) be used for drainage and landscaping and that any building developed on the property be constructed in a residential character. (P & D Minutes, 6/9/92). The Oty Commission also unanimously voted to approve this request with the stated conditions (CC Minutes, 6/16/92). In arriving at this solution, staff åted a section of the zoning code that applies when a zoning disbict line splits a lot of record (Sec. 3.A.5.g.-see EXHIBIT B). PROJECT ANALYSIS The parcel, which is the subject of this land use amendment, total 0.08 acre. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "small scale" amendment A "small-scale" amendment Is adopted prior to forwarding to the Rorlda Department of Community Affairs and Is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonlngs are listed in the Land Development Regulations, Chapter 2, Section 9, Admln!straüon and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensIve plan pol/des Including but not lImited to, a prohibition agaInst any Increase In dwelling unit density exceeding 50 In the hunfcane evaœaüon zone wfthout written Page 4 Ale Number: LUAR 04-011 Boynton Mango . approval of the Palm Beach County Emergency Planning Division and the Gty's risk manager. The planning department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with polides contained in the comprehensive plan. The directions regarding hurricane evacuation zone do not apply to requests for commercial designation or to properties located outside the hurricane evacuation zone; however, other applicable policies In the Comprehensive Plan, and specifically the Land Use Element, indude the following: Policy 1.17.1 The Gty shall continue to discourage additional commercial and industrial uses beyond those whIch are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least. Policy 1.17.3 The Gty shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth In the zonIng regulations. Policy 1.19.6 . . . The Gty shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulñlled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan polides. With respect to Policy 1.17.1, even though the southern portion of the property fronts on Boynton Beach Boulevard, it is doubtful that curb cuts will be allowed by the Rorida Department of Transportation (FOOl), therefore access will be limited to NW ¡tñ Court, a local street. Additionally, there will be Impacts on both the residential property to the north and to the east, across NW 7tJ1 Court. The Impacts to the single-family development can be lessened through the application of appropriate site improvements. With respect to Policy 1.17.3, the zoning code requires buffer walls set back 2 feet from the property line on the commercial lot. Since the R-1-A zoning regulations require a minimum side yard setback of 7.5 feet, the wall could be as dose as 9.5 feet from the residential structure. While a great number of the uses permitted under C-2 zoning are of relatively low Intensity, the district also allows convenience stores and restaurants, and with conditional approval, drive- through, drive-up and drive-In restaurants. In the case of the latter uses, the required buffering may not be sufficient to ameliorate the negative effects of these more Intense uses; therefore, the required buffer wall should be set back an additional distance from the property line. Consistency with PolWl. 1.19.6 Is evidenced by the fact that the subject parcel has only 50 feet of frontage on NW 7 Court and a depth of approximately 74 feet. This provides a lot area of 3,700 sq. It. The minimum frontage required for development of a single-family residence In the R-1-A zoning district Is 60 feet and minimum parcel size Is 7,500 sq, ft.; therefore, the lot Is not usable for residential development. Additionally, the approval of this request will serve to ~__~.__~_"'_""._~_ 0__ _'on _ __~-____...~ .____~..~__...., '>_''''-0' ~-- . --~'-~"""'-'-'-~"- Page 5 Ale Number: lUAR 04-011 Boynton Mango clear up an Inconsistency that has existed between the future land use map and the zoning map since 1992. b. Whether the proposed rezonIng would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby districts, or would consätute a grant of special privilege to an Individual property owner as contrasted with the protection of the public welfare. The proposed rezoning can be viewed In two ways. In considering the properties fronting on NW 7tn Court, the requested amendment and rezoning will extend the commercial designation and zoning 50 feet farther Into the residential neighborhood on the west side of the street than on the east side. It does not, however, extend the commerdal zoning to the depth that the Office Commercial use extends to the west of the subject property. It should also be recognized that the 1992 action by the aty Commission extended the commercial use of the property to the same depth now being requested; however, it did limit the buildable footprint of any structure by resbicting the use of the 30 feet adjacent to the residential development to drainage and landscaping. c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changing conditions that make the proposed rezoning desirable; however, the opportunity to resolve the existing inconsistency between the future land use map and zoning map, does make It desirable. d. Whether the proposed use would be compatible with uülity systems, roadways, and other public fadlities. The approval of the land use amendment and rezoning will not add any development potential to property that does not exist today, therefore, there will be no additional Impacts to the utility systems, roadways or other public fadlities that have not been anticipated. e. Whether the proposed rezoning would be compatible with the cun-ent and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Adjacent uses fronting on Boynton Beach Boulevard Indude a medical office to the west and an attorneýs office to the east aaoss NW 7ttt Court. Ranking each of these uses are fast food restaurants with drive-through windows. The extension of the commercial development Into the residential neighborhood could likely have a negative effect on the abutting single-family residences. f. Whether the property is physlælly and economically developable under the exlsäng zoning. The property Is physically and economically developable under the existing zoning. For site planning purposes, It will be advantageous to the property owner to be relieved of the prohibition of using the north 30 feet for any purpose other than landscaping and drainage, Page 6 File Number: LUAR 04-011 Boynton Mango thus allowing a greater use of the property. In providing this relief, the City should consider requiring some protection for the abutting residential properties In the fonn of additional buffering and landscaping. g. Whether the proposed rezoning Is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Given the fact that the parcells very small, and already has been given C-2 Neighborhood Commercial use, addressing this criterion Is Immaterial. The amelioration of Impacts of commercial development of this property on adjacent residential development will depend on the ultimate use of the property and can be controlled through careful site design. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other sites In the city where Local Retail Commercial can be developed; however, the subject property alone does not meet the requirements for development, either for commercial or residential use. The two alternatives would be either to develop it with a commercial designation or add it to the existing residential lot to the north. CONCLUSIONS/RECOMMENDAßONS As indicated herein, potential Impacts to the abutting single-family neighborhood should be mitigated by appropriate site improvements, recognizing that the subject property is not currently buildable as residential under todaýs code. Approval of the requests will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. Therefore, staff recommends that the subject request be approved and request consideration of the following conditions to improve compatibility with adjacent development: 1. The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site mangles; and 2. Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code pennits to lessen the Intrusion Into the existing single-family neighborhood. If these or other conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be Included as Exhibit "C". ATTACHMENTS S:\PIInIIkIII\SHA~ MIngo\STAfF REPORT" NEW.doc --~""'¥~----~------- -_.-. ,., --,-$----~-...,~-_..-,,~.. "'.,-- ._'--~------~ ~-~ ~~~,. --: . LOCATION MAP Boynton Mango (LUAR 04-011) Low Den ty Density Z Reslden I :& Re Identlal . .... ... :I' (I) Office ommercla Z & . .... ... ::r n Leal Retail Local Retal 0 Local Ret II J: Commercial ::I. C mmerclal Commer lal Boynton Beach Blvd Local Retail Z Loc I Retail :e Commercial . C merclal .... ... :I' fn ... ;; ! N o 37.5 75 150 225 ~eet Â - - Chapter 2 - ZONING EXHIBIT B Sec. 3. Regulations and map A. OFFICIAL ZONING MAP 5. Rules for interpretation of district boundaries. g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use ofland, the extension of either portion may be permitted as an exception beyond a district line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission. - - T-~ -~-<."---",--~,"","---,," -. --- _,-.r _ ~ ","~,~___..-=._,"''''''_ _,_, 0__ _>~ · EXHIBIT "C" Conditions of ApprovID Project name: Boynton Mango File number: LUAR 04-011 Reference: DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING The buffer wall required between commercial and residential zoning districts X shall be enhanced and setback an additional three (3) feet ITom the property line (for an overall setback of five (5) feet ITom the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles Any structure placed on the property shall be located as close to Boynton X Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\Planning Templates\Condition of Approval 2 page revised 2003 form.doc ____ _."~L'~_~~______ ~ .._ _ ~ _~ .,_>-C -" __ _,-._~---",.___ < '_.'_" _<.~ ~ _,_.~. v ~_ _ _ _ _~,__~,~__""" ........._..-.;~+'-_"'_~_< _ _"'._ __""..._"'-"-' / XII. - LEGAL ITEM A.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Cormnission Date Final Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Oerk's Office 0 August 3, 2004 (Noon.) Ju]y ]9,2004 o October 4, 2004 (Noon) September 20, 2004 o August ]7,2004 (Noon) August 2, 2004 IZI October] 9, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August] 6,2004 o November 3, 2004 (Noon) October ]8, 2004 0 September 21, 2004 (Noon) September 7, 2004 o November] 6, 2004 (Noon) November ],2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing IZI Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved tbis request under Public Hearing and Legal, Ordinance - First Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-231. EXPLAJ."'lATJON: PROJECT: Boynton Mango (LUAR 04-011) AGENT: Maggie Barszewslå, Boynton Mango LLC OWNER: Boynton Mango LLC LOCATION: Northwest comer of Boynton Beach Boulevard and NW 7th Court DESCRIPTION: Request to rezone nom R-I-A Single-Family Residential to C-2 Neighborhood Commercial. -. PROGRr\';'\1 D!PACT: FISCAL DIP ACT: AL TEK\'ATIVES: / Finance / Human Resources II 2nd reading Rezone 10-] 9-04.doc S:\BULLETI';'FCR',jS'¿\iTNDA lTE;>'! REQUEST FORM.DOC I XII. - LEGAL ITEM A.8 REVISED 1 2 ORDINANCE NO. 04- 08~ 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF BOYNYON MANGO LLC.,TO 6 REZONE A PARCEL OF LAND, AMENDING 7 ORDINANCE 02-013 TO REZONE A PARCEL OF 8 LAND ON THE NORTH\VEST CORNER OF 9 BOYNTON BEACH BOULEVARD AND 10 NORTHWEST 7TH COURT FROM SINGLE FAMILY 11 RESIDENTIAL (R-I-A) TO NEIGHBORHOOD 12 COl\'lMERCIAL (C-2); PROVIDING FOR 13 CONFLICTS, SEVERABILITY, AND AN 14 EFFECTIVE DATE. 15 16 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 18 said City; and 19 WHEREAS, Boynton Mango, LLC., owner of the property located at the 20 Northwest comer of Boynton Beach Boulevard and Northwest 7th Court in Boynton 21 Beach, Florida, as more particularly described hereinafter, has heretofore filed a 22 Petition, through its agent, Maggie Barszewski, pursuant to Section 9 of Appendix 23 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 24 purpose of rezoning a parcel of land, said land being more particularly described 25 hereinafter, from Single Family Residential (R-I-A) to Neighborhood Commercial 26 (C-2); and 27 \VHEREAS, the City Commission conducted a public hearing and heard 28 testimony and received evidence which the Commission finds supports a rezoning 29 for the property hereinafter described; and S:\CA \OrdinancesìPJanning\Rezoning\Rezoning - Boynton Mango.doc REVISED 1 \VHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public hearing heretofore referenced; and 4 \VHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. 7 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMlVIISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 11 Section 2. The following described land, located at the Northwest 12 comer of Boynton Beach Boulevard and Northwest th Court in the City of Boynton 13 Beach, Florida, as set forth as follows: I 14 THE SOUTH 50 FEET OF LOT 11, DEIERL PARK, 15 according to the plat recorded in Plat Book 23, Page 236, 16 recorded in the public records of Palm Beach County, 17 Florida; said land situate, lying and being in Palm Beach 18 County, Florida. 19 20 be and the same is hereby rezoned from Single Family Residential (R-1-A) to 21 Neighborhood Commercial (C-2). A location map is attached hereto as Exhibit "A" and 22 made a part of this Ordinance by reference. 23 Section 3. The above-referenced rezoning is subject to the following 24 conditions: 25 26 1. The buffer wall required between the commercial and residential zoning districts 27 shall be enhanced), with appropriate landscaping on both sides, setback an 28 additional three (3) feet from the property line (for an overall setback of five (5) 29 feet from the property line, and shall extend south along the east property line a S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boyl1ton Mango.doc "'- REVISED 1 minimum distance to buffer the adjacent residence without interfering with 2 planned driveways and clear site triangles; and, 3 4 2. Any structure placed on the above-described property shall be located as close to 5 Boynton Beach Boulevard as permitted by the City Land Development 6 Regulations in order to minimize the impacts on the existing single-family 7 neighborhood 8 9 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended 10 accordingly. 11 Section 5. An ordinances or parts of ordinances in conflict herewith are 12 hereby repealed. 13 Section 6. Should any section or provision of this Ordinance or any portion 14 thereof be declared by a court of competent jurisdiction to be invalid, such decision shan 15 not affect the remainder of this Ordinance. 16 Section 7. This ordinance shall become effective immediately upon passage. 17 FIRST READING this _day of , 2004. 18 SECOND, FINAL READING and PASSAGE this _ day of , 2004. 19 CITY OF BOYNTON BEACH, FLORIDA 20 21 22 Mayor 23 24 25 Vice Mayor 26 27 28 Commissioner 29 30 31 Commissioner 32 33 34 ATTEST: Commissioner 35 S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Mango.doc , REVISED 1 2 City Clerk 3 4 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - BO}l1ton Mango.doc DEVELOPMENT DEPARTMENT PLANNING Ie. ZONING DMSION MEMORANDUM NO. PZ 04-231 TO: Chair and Members Planning and Development Board MaYorand~n FROM: Dick Huds , CP Senior Planner --r...\!tJ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: September 20,2004 PROJECT NAME/NUMBER: Boynton Mango/lUAR 04-011 REQUEST: To amend the Future land Use designation from low Density Residential (LDR) to local Retail Commercial (LRC) and rezone from R-I-A Single-Family Residential to C-2 Neighborhood Commercial PROJECT DESCRIPTION Property Owner: Boynton Mango, llC Applicant! Agent: Boynton Mango, llqMaggie Barszewski location: Northwest comer of Boynton Beach Boulevard and NW 7th Court (Exhibit 1:\A") Parcel Size: 3,700 sq. ft. (0.08 acres) Existing land Use: low Density Residential (LDR) Existing Zoning: R-1-A Single-Family Residential (with use as C-2 zoning pursuant to Chapter 2. Zoning, Section 3.A.5.g. dealing with division of a lot of record) Proposed land Use: local Retail Commercial (LRC) Pro¡:osed ZOf¡ing: C-2 Neighborhood Commercial Propcs;.:d U:e: Commercial Development on a total parcel of 0.29 acres (maximum potential of 6,316 square feet, based on a FAR of 0.5) Page 2 Rle Number: LUAR 04-011 Boynton Mango Adjacent Uses: North: Developed single-family residential designated Low Density Residential (LDR) and zoned R-1-A Single Family Residential South: Vacant commercial property under the same ownership as the subject parcel designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, then right-of-way of Boynton Beach Boulevard, and developed commercial uses (strip commercial center) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial East: Right-of-way of NW ¡tl1 Court then, to the southeast, developed commercial (attorneýs office) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, and to the northeast, developed residential (single-family residence) designated Low Density Residential (LDR) and zoned R-I-A Single Family Residential West: Developed commercial (dental office), the southern portion designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, the northern portion designated Office Commercial (OC) and zoned C-1 Office/Professional EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested action represents a minor boundary adjustment that will maintain general compatibility of the proposed land use with surrounding land uses, with the application of appropriate site improvements as described below; 2. It will resolve an Inconsistency between the future land use map and the zoning map; 3. It will not Increase the buildable square footage of commercial space for the property; 4. It may provide an opportunity for better site planning of the property; and, S. Assuming that sIte improvements to prevent any possible Impacts of commercial development on the abutting single-family neighborhood to the north and east of the subject property; are Indueled as conditions of approval of the rezoning, such as: . The buffer wall required between commercial and residential zoning disbicts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum _ __.__~'""""'-"'" .........._ ~._~o_>_·___fi__."""'-~~__·_~~"~· - > ~ __ __.~~,,__._"'~.~~ ~ _'-7"~~___-.r_.--.J.._.__ '_~'_~'~"'_____'_v~___" > ~ .- .-_ ,,-__.___. .-_,~>~,_.,__..,~oi> ~ Page 3 Rle Number: LUAR 04-011 Boynton Mango distance to buffer the adjacent residence without Interfering wtth planned driveways and clear site triangles; and . Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the Intrusion Into the existing single-family neighborhood. BACKGROUND The original plat for the subject property shows that lot 12 was platted with a 139.89-foot depth along Nicholas Road (NW ¡tn Court) and approximately 74 feet of frontage along Lake Avenue (Boynton Beach Boulevard).. Lot 1, east of lot 12, across Nicholas Road, was platted to a similar depth and width. lot 11 and the remainder of the residential lots were platted with frontages on Nicholas Road of 95 feet and depths of 73 to 74 feet. Subsequently, the north 45 feet of lot 11 was combined with 30 feet of lot 10 and sold for residential development, leaving the south 50 feet of lot 11 vacant (and not meeting the 60 foot minimum frontage or the 7,500 square foot lot area requirements for residential development under the R-1-A zoning). The owner of lot 12 purchased this remnant of lot 11. In 1987, a request by the owner of the two parcels for land use amendment for the subject property to Local Retail Commerdal and rezoning to C-2 Neighborhood Commercial was denied in a 6-1 vote (endorsing the recommendation of the Planning Department) (P &. D Minutes, 5/12/87). The City Commission voted 5-0 to deny the request (CC Minutes, 5/19/87). In 1992, the Planning and Development Board voted unanimously to allow the 50-foot portion of lot 11 "zoned for residential use. . .(to) be used for commercial use"(without a change to the map), adding conditions that the north 30 feet of the subject property (abutting the residential development) be used for drainage and landscaping and that any building developed on the property be constructed in a residential character. (P &. D Minutes, 6/9/92). The Oty Commission also unanimously voted to approve this request with the stated conditions (CC Minutes, 6/16/92). In arriving at this solution, staff dted a section of the zoning code that applies when a zoning district line splits a lot of record (Sec. 3.A.5.g.-see EXHIBIT B). PROJECT ANALYSIS The parcel, which is the subject of this land use amendment, total 0.08 acre. Because of the size of the property under consideration, the Rorida Department of Community Affairs dasslfies this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land De\'8!opment Regulations, Chapter 2, SectIon 9, AdmInIstration and Enforcement, Item C. COmpri::7c:nsrve Plan Amendments: Rezonlngs. These crltena are required to be part of a staff analysis \vhen the proposed change Includes an amendment to the Comprehensive Plan Future Land l]s,= ¡'.tap. a. Whether the proposed rezoning would be consistent with applicable comprehensive p~m I>:/!";;2s induding but not limited tu, a prohIbition agaInst any Inaease In dwe//ing unit density exceeding 50 in the hunfcane evacuation zone without written Page 4 Rle Number: LUAR 04-011 Boynton Mango . approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with polides contaIned in the comprehensive plan. The directions regarding hurricane evacuation zone do not apply to requests for commercial designation or to properties located outside the hurricane evacuation zone; however, other applicable policies In the Comprehensive Plan, and specifically the land Use Element, Indude the following: Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those whIch are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least. Policy 1.17.3 7ñe City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. Policy 1.19.6 . . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan pol/des. With respect to Policy 1.17.1, even though the southern portion of the property fronts on Boynton Beach Boulevard, it Is doubtful that curb cuts will be allowed by the Rorida Department of Transportation (FOOl), therefore access will be limited to NW 7"-' Court, a local street. Additionally, there will be Impacts on both the residential property to the north and to the east, across NW 7th Court. The Impacts to the single-family development can be lessened through the application of appropriate site improvements. With respect to Policy 1.17.3, the zoning code requires buffer walls set back 2 feet from the property line on the commerdallot. Since the R-1-A zoning regulations require a minimum side yard setback of 7.S feet, the wall could be as dose as 9.S feet from the residential structure. While a great number of the uses permitted under C-2 zoning are of relatively low Intensity, the district also allows convenience stores and restaurants, and with conditional approval, drive- through, drive-up and drive-In restaurants. In the case of the latter uses, the required buffering may not be suffldent to ameliorate the negative effects of these more Intense uses; therefore, the required buffer wall should be set back an additional distance from the property line. COnsistency with Pol~ 1.19.6 Is evidenced by the fact that the subject parcel has only 50 feet of frontage on NW 7 COurt and a depth of approximately 74 feet. This provides a lot area of 3,700 sq. ft. The minimum frontage required for development of a single-family residence In the R-I-A zoning dlsbict Is 60 feet and minimum parcel size Is 7,500 sq, ft.; therefore, the lot Is not usable for residential development. Additionally, the approval of this request will serve to >. ---~- '-., .---.~_.,-«-- "...--~-~----,¡;...- ".,....---." -''''''--. ;, -,,-~.--'" .,'-- -~-~~---~-~-------~--~-~-<. ,,-- ,----...,.-~..---~---".~ --,.- --~. -<--=... Page 5 Ale Number: LUAR 04-011 Boynton Mango clear up an Inconsistency that has existed between the future land use map and the zoning map since 1992. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would consütute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning can be viewed In two ways. In considering the properties fronting on NW 7tro Court, the requested amendment and rezoning will extend the commercial designation and zoning 50 feet farther into the residential neighborhood on the west side of the street than on the east side. It does not, however, extend the commercial zoning to the depth that the Office Commercial use extends to the west of the subject property. It should also be recognized that the 1992 action by the Oty Commission extended the commercial use of the property to the same depth now being requested; however, It did limit the buildable footprint of any structure by restricting the use of the 30 feet adjacent to the residential development to drainage and landscaping. c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changing conditions that make the proposed rezoning desirable; however, the opportunity to resolve the existing inconsistency between the future land use map and zoning map, does make it desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fadlitles. The approval of the land use amendment and rezoning will not add any development potential to property that does not exist today, therefore, there will be no additional impacts to the utility systems, roadways or other public facilities that have not been anticipated. e. Whether the proposed rezoning would be compatible with the current and ñtture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Adjacent uses fronting on Boynton Beach Boulevard include a medical office to the west and an attomeýs office to the east across NW 7tro Court. Ranking each of these uses are fast food restaurants with drive-through windows. The extension of the commercial development Into the residential neighborhood could likely have a negative effect on the abutting single-family residences. f. Whether the property is physIcally and economically developable under the existing zùning. The ç rcp';:rty Is phys¡c~!!y and economically developable under the existing zoning. For site planr',"q fA.:r¡:OS<'!<:, it \vHl be advantageous to the property owner to be relieved of the proh;t ':'0n cf using the north 30 feet for any purpose other than landscaping and drainage, Page 6 Rle Number: LUAR 04-011 Boynton Mango thus allowing a greater use of the property. In providing this relief, the Oty should consider requiring some protection for the abutting residential properties In the form of additional buffering and landscaping. g. Whether the proposed rezoning Is of a scale which is reasonably related to the needs of the neighborhood and the dty as a whole. Given the fact that the parcel is very small, and already has been given C-2 Neighborhood Commercial use, addressing this criterion Is Immaterial. The amelioration of Impacts of commercial development of this property on adjacent residential development will depend on the ultimate use of the property and can be controlled through careful site design. h. Whether there are adequate sites elsewhere in the dty for the proposed use, in districts where such use Is already allowed. There are other sites In the city where Local Retail Commercial can be developed¡ however, the subject property alone does not meet the requirements for development, either for commercial or residential use. The two alternatives would be either to develop it with a commercial designation or add it to the existing residential lot to the north. CONCLUSIONS/RECOMMENDATIONS As indicated herein, potential Impacts to the abutting single-family neighborhood should be mitigated by appropriate site improvements, recognizing that the subject property Is not currently buildable as residential under todaýs code. Approval of the requests will not create additional Impacts on infrastructure that have not been anticipated in the Comprehensive Plan. Therefore, staff recommends that the subject request be approved and request consideration of the following conditions to improve compatibility with adjacent development: 1. The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without Interfering with planned driveways and dear site trlangles¡ and 2. Any structure placed on the property shall be located as dose to Boynton Beach Boulevard as code permits to lessen the Intrusion into the existing single-family neighborhood. If these or other conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be Induded as Exhibit "C". ATTACHMENTS S:V'IaIrinII\SHAR\WP\I'ROJEC'f'S\ M1Ingo\STAfF REPOKr NEW.doc - ->--~----~--,._",..-~-" -,- ~--<~~"------,,-,,,--~...~-....- .'. , û_,~~_,.-_ -_ >.._,_......,."'.__.- -_~_ . ~._~-,""""' ^ --~ -=~-~->- - LOCATION MAP Boynton Mango (LUAR 04-011) Low Den ty Density Z Reslden I I Re Ident.al . ~ :r en Office ommercla Z :e . ~ ,. :r n L cal Retail Local Retai 0 c Commercial ::I. C mmerclal Boynton Beach Blvd Local Retail Z Loc I Retail :e Commercial . merclal ~ ... :r en ... ; CD ... -""~- ~..-. .. N o 37.5 75 150 225 30~eet Â - - Chapter 2 - ZONING EXHIBIT B Sec. 3. Regulations and map A. OFFICIAL ZONING MAP 5. Rules for interpretation of district boundaries. g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be permitted as an exception beyond a dis1rict line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission. 0-- ~.___~___.._>.;_"_.........,,,,,"...---.,,,,,,,,_,~,....-^=-~, .-~- ~- > ..------~~........;._--''''-....~- >"-~ ----.-- . ,. ----=---~..- EXHIBIT "C" Conditions of Approval Project name: Boynton Mango File number: LUAR 04-011 Reference: DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING The buffer wall required between commercial and residential zoning districts X shall be enhanced and setback an additional three (3) feet ITom the property line (for an overall setback of five (5) feet ITom the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles Any structure placed on the property shall be located as close to Boynton X Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\PlanningiP1anning Templates\Condition of Approval 2 page revised 2003 fonn.doc ".-'_._........._,_~...... _,.o_~·.____",~.~.~__.~~ '_r~.~_..__,'"'_· ""._____<_,._ -"-."tI--~. - ..,....,~--- XII. - LEGAL ITEM A 9 CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3. 2004 (Noon.) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 ~ October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 0 November 16,2004 (Noon) November I, 2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal o Bids 0 Unfinished Business o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on October 4, 2004. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (ANEX 04-004) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request for annexation ofa O.72-acre partially developed lot located in unincorporated Palm Beach County. PROGRAM IMPACT: FISCAL II\IP ACT: AL TERi~A TIVES: .. Dewlop; 9 . Gl Pbrming ::Ind Z g Director ¿ City A ey / Finance / Human Resources S:\Planning Sil.\RED\WP\PROJ TS'·Edward Medical Office\ANEX 04-00 \Agenda Item Request Ed",,-ard Med. Office ANEX 04-004 2nd readmg 10- 19-04.doc S:\BULLET!~< rOR\IS\.-\GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-08S- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 0.72 ACRE PARCEL 5 OF LAND THAT IS CONTIGUOUS TO THE CITY 6 LIivlITS WITHIN PALM BEACH COUNTY AND THAT 7 WILL, UPON ANNEXA TION, CONSTITUTE A 8 REASONABL Y COMPACT ADDITION TO THE CITY 9 TERRITORY; PROVIDING THAT THE PROPER 10 LAND USE DESIGNATION AND PROPER ZONING 11 OF THE PROPERTY SHALL BE REFLECTED IN 12 SEPARATE ORDINANCES TO BE PASSED 13 SIMULTANEOUSLY HEREWITH; PROVIDING FOR 14 CONFLICTS, SEVERABILITY, CODIFICATION AND 15 AN EFFECTIVE DATE; PROVIDING THAT THIS 16 ORDINANCE SHALL BE FILED \VITH THE CLERK 17 OF THE CIRCUIT COURT OF PALM BEACH 18 COUNTY, FLORIDA, UPON ADOPTION. 19 20 \VHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 evelopment of an Annexation Program; and I ¡ 22 WHEREAS, Hany Edward, as owner of the property more particularly described 23 ereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 24 f the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 25 certain tract of land consisting of approximately 0.72 acres; and 26 \VHEREAS, the City of Boynton Beach hereby exercises its option to annex the 27 ollowing tract of land as hereinafter described, in accordance with Article I, Section 7 28 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 29 nd 30 \VHEREAS, said tract of land lying and being within Palm Beach County is 31 ontiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 nnexation, constitute a reasonably compact addition to the City territory. 33 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION :\CA\Ordinances\Planning\Annexations\Annexation - Edward Medical Office.doc -------~-------~--.._-~_._--.~--- -~.-_~~, _~..._<J_....... _"'~__'~< ~,,_,.~,......~__," .-<.~____~__ -.- -....- ._,,-,<-,,-~ .->=-....--~-~'"""."'..-.=''''''-'''-- ~;-... __".___·o___~~,,·¿-__.~~<_,_ -."....... ."'''' , I 1 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section I. That each and every Whereas clause is true and correct. 3 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 4 oynton Beach, Florida and Section 171.044, Florida Statutes the following described 5 nincorporated and contiguous tract of land situated and lying and being in the County 6 fPalm Beach, Florida, to wit: 7 Lot 68, amended plat of Trade Winds Estates, according to the plat 8 thereof recorded in Plat Book 21, Page 73 of the Public Records of 9 Palm Beach County, Florida, less the right-of-way for U.S. 10 Highway No. 1 (State Road 5) as shown in Road Plat Book 2, 11 Pages 156 to 165. 12 13 ONTAINING APPROXIMATELY 0.72 ACRES OF LAND 14 15 s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 16 e and become part of the City with the same force and effect as though the same had 17 een originally incorporated in the territorial boundaries thereof. 18 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 19 orida, is hereby amended to reflect the annexation of said tract of land more particularly 20 scribed in Section 1 of this Ordinance. 21 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 22 ning designation and Land Use category is being detennined as contemplated in Section 23 1.162(2), Florida Statutes. 24 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 25 'pealed. 26 Section 5: Should any section or provision of this Ordinance or any portion thereof 27 t declared by a court of competent jurisdiction to be invalid, such decision shall not affect the I 28 I +1;1inder of this Ordinance. IJ \c.;-'\'Orcb"ances\planning\Annexations\Annexation - Edward Medical Office. doc I! i 1 Section 6: This Ordinance shaH not be passed until the same has been advertised 2 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 3 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 4 Section 7. This ordinance shaH become effective immediately upon passage. 5 Section 8. Specific authority is hereby given to codify this Ordinance. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 ircuit Court of Palm Beach County, Florida. 8 FIRST READING this ~ day of o c..Tobe.r , 2004. 9 SECOND, FINAL READING and PASSAGE this _ day of , 2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 TTEST: 25 Commissioner 26 27 ity Clerk 28 29 :\CA\Ordinances\Planning\Annexations\Annexation - Edward Medical Office. doc --~_._~------_.__.-- _._,______~u·ø_-'"""_..¡_...."'~_~__,_.~_.___~_ .>_~ _~____. .-_ _~,~__ .......__~ """",,,,-,~~- --.;.--- P"- -ft¡_ ~7>-_=_"''__~;''" 'C_._".._ "'"'__o-"".___~____~__,-~~__~____...., DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP (f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (Exhibit "A" - Location Map) Existing Land Use: CHIS Commercial High Intensity (Palm Beach County) Existing Zoning: CG General Commercial (Palm Beach County) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the O.72-acre parcel, to reclassify Its land use to Local Retail Commercial (LRC)~ and rezone to Community Commßrdal (C-3) In order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use ciasslfication, zoned Community Commercial (C-3); Page 2 Edward Medical OffIce Bullldng File Numbers: ANEX 04-004 and LUAR 04-008 South: Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-5 (CH / 5) land use and zoned Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside resIdential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD); West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). EXECunYE SUMMARY Staff recommends approval of the requested annexation / land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, and relevant policies In the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOnFICAnON Owners of properties within 400 feet of the subject annexation I land use amendment / rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the Otýs Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and I or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are divided Into two (2) separate processesr namely large-scale and small-scale text amendments. The process by which to review a petition Is determined by the size of the parcel with 10-acres being the threshold. The subject property Is 0.72 acre, which Is smaller than the 10-acre threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Rorlda Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the City. This means that the proposed amendment, If desired by the city, would _ ~~_>...,.__y,~.-_...._..._._-->tt~_.....-"",-,-~~-< - ~~-.....-~-~-~".~ --~~~~.......~.-,....~.-:.. -~ .....,....---.,--..-.- Page 3 Edward Medical Office Bullldng File Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("large-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application Is being reviewed concurrently with an accompanying request for annexation (ANEX 04-004). The subject property's current land use classification is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use classifications. By contrast, the City of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use classifications. The applicant Is requesting to annex Into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) Is the city's equivalent to the County's CHIS land use classification, In terms of the allowable uses and respective Intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined In Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: The City shall coordinate with Palm Beach County regarding the prevention of endaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, cotporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an Inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program Include annexing all endaves less than 10 acres, and to Incrementally annex enclave properties with the Intent to redudng them below the 10-acre threshold. Therefore, the annexation of this parcel Is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by Section VIII Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section 1.q. of Planning. Area #1 states the following: Exisüng land uses along the u.s. 1 ftontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots, whIch are presently In the Oty, and those, wh/c17 will be annexed. Page 4 Edward Medical Office Bullidng Rle Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning Is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, sub-section l.q., found In the support documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all Immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre I EMS only); With respect to Impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service impacts and availability, and based on the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which is being reviewed concurrently with this petition) identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended In order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-lnch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional Impacts on Infrastructure that have not been anticipated In the Comprehensive Plan; would be compatible with adjacent land uses and would conbibute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the Oty Commission, they will be Included as Exhibit "B" - Conditions of Approval. AlTACHMENTS S:\l'llllnlna'SlLWPlPIlOJBCTSll3dward MecIbJ OIIice\WAll O4-OO8IStaIfllqlort.doc --,._--~-...-,---,-,--->,~...~-~_....~......,-~".~"",,.----~--->--, ._--<<"_.,..--~~.-" ___>._~._... ~_",___.~,,__>,~_____, ___ 7,__U'_~T"__ ~- EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CHIS ...... LRC CH/5 f LSGE:-ID -~ .* . :18 4D .. no II'UI"'. City Boundary Lard USGS: B 1,.;' ~ .. Local Retail Commercial N~a .. HI;h D3nslty Residential ~d~:1 .. .'3p~ckd High Density Residential :.:~.') .. MI"<:iI'Jm nasldentlal (county) ,c}!iS .. t:omxorclal High, wfunclerlylna MR-5 (county) _ ,z."'_.._....~.-'-"-_,.....-.,~"''''-..~·,~~."'''''_.,.~__=~.~__,~. - ~.~~........"'-...._~__;.<."*""£~>._~_.- . '"----~~ -.- XII. - LEGAL ITEM A.10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) Ju]y ] 9,2004 o October 4, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 [8J October] 9, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August] 6,2004 o November 3, 2004 (Noon) October ]8, 2004 o September 2] , 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November], 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on October 4, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (LUAR 04-008) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map fÌom Commercial High Intensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC); and Proposed use: 11,957 square foot medical building. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ance / Human Resources ed. Office LUAR 04-008 2nd reading S:\BULLETì~,TOR\1S\AGEND,\ ]TEl\1 REQUEST FORM.DOC ! ; 1 ORDINANCE NO. 04- oeCo I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA AMENDING ORDINAJ\lCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN FOR 7 A 0.72 ACRE PARCEL O\VNED BY HANY 8 EDW ARD; THE LAND USE DESIGNATION IS 9 BEING CHANGED FROf\,'Í COMMERCIAL HIGH 10 INTENSITY TO LOCAL RETAIL COMMERCIAL; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 \YHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 16 Use Element by Ordinance No. 89-38 in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a ¡ 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 20 and 21 \YHEREAS, after public hearing and study, the City Commission deems it in 22 the best interest of the inhabitants of said City to amend the aforesaid Element of the 23 Comprehensive Plan as adopted by the City herein. 24 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing \VHEREAS clauses are true and correct and 27 incorporated herein by this reference. 28 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 29 following: S:\CA\Ordinances\Planning\Land Use\Ed~ard Medical Office.doc- '-~-~~,- .- _-,__"._-..-____...........____-->o-........_...-.......,.,.".,...-"'-._.-.-..".;.~,..~, ~....-"'--""'..=--,'-"''''-.......'''^''"~-~.._-~--, .....'- ---,,",.- .."'»-~~-<~-. ..-"'-"-'-.........".~_.. ....-----~ · 1 That the Future Land Use of the following described land shall be designated as 2 Local Retail Commercial (LRC). Said land is more particularly described as fonows: 3 Lot 68, amended plat of Trade Winds Estates, according to the plat 4 thereof recorded in Plat Book 21, Page 73 of the Public Records of 5 Palm Beach County, Florida, less the right-of-way for U.S. Highway 6 No. I (State Road 5) as shown in Road Plat Book 2, Pages 156 to 7 165. 8 9 10 Subject to easements, restrictions, reservation and rights of way of record. 11 12 Said lands situate, lying and being in Palm Beach County, Florida. 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element 15 shall be amended accordingly. 16 Section 4: An ordinances or parts of ordinances in conflict herewith are hereby 17 repealed. 18 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 20 the remainder of thís Ordinance. 21 Section 6: This Ordinance shan take effect on adoption, subject to the review, 22 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 23 Planning and Land Development Regulation Act. No party shall be vested of any right by 24 virtue ofthe adoption of this Ordinance until an statutory required review is complete and 25 all legal challenges, including appeals, are exhausted. In the event that the effective date is 26 established by state law or special act, the provisions of state act shall control. 27 28 I FIRST READING this i day of Ocrober ,2004. 29 I ¡ cc c,Cc""""""''''''''''''woo "",_..<0 ",M,,,' M",,~, ! I 1 2 SECOND, FINAL READING and PASSAGE this day of , 3 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S;\CA\Ordinances\Planning\Land Use\Edward Medical Office,d~c --~-- - --~--~,-_.~-- ---~-~_.- ~O-"~~_____;"__'~_""'~ .,....-__,__~~___-=_-_____. _~.....__.,__ ~ _ - _ .7_ ""'.....~,-<__~,."_______~_~"'~..___.."'_____~__'""'______.o._ DEVELOPMENT DEPARTMENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP t Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPnON Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (exhibit "A" - Location Map) Existing Land Use: CHIS Commercial High Intensity (Palm Beach County) Existing Zoning: CG General Commercial (Palm Beach County) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the O.72-acre parcel, to redasslfy Its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) In order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use dasslfication, zoned Community Commercial (C-3); page Z Edward Medical OffIce Bullldng Ale Numbers: ANEX 04-004 and LUAR 04-008 South : Devefoped commercial properly dasslfied as Palm Beach County Commercial High I Medium Residential MR-5 (CH I 5) land use and zoned Palm Beach County General Commercial (CG)¡ East: Right-of-way for South Federal Highway, then farther east Is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD)¡ West: Developed residential property cfasslfied as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the Oty's annexation program, which emphasizes the annexation of enclaves, and relevant policies In the Comprehensive Plan¡ 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County¡ 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty. PROPERlY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were maifed a notice of this request and Its respective hearing dates. The applicant certifies that they posted signage and mailed notices In accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the Clty's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and I or polldes contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are divided Into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition Is detennlned by the s1ze of the parcel with 1O-acres being the threshold. The subject property Is 0.72 acre, which Is smaller than the to-acre threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Florida Deparbnent of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adopUon by the aty. This means that the proposed amendment, If desired by the dty, would >--,-----~~....,..,<<",_._~_.~...."..<- .~...........~..-.---~ , -<, --- -~"'~.;~...--""'---, ._.. ___~"...._~___....._~u___ _ __.. _.~ -~- -- - ..- <- - ~ Page 3 Edward Medical Office BuJlidng Ale Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("Iarge-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application Is being reviewed concurrently with an accompanying request for annexation (ANEX 04-0(4). The subject properly's current land use dasslflcation Is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future land Use Atlas contains 42 different "commercial" land use dasslficatlons. By contrast, the City of Boynton Beach Future land Use Map contains only three (3) different "commercial" categories of land use dasslficatlons. The applicant Is requesting to annex Into the City to utilize the Local Retail Commercial (LRC) land use dasslficatlon and the Community Commercial (C-3) zoning dlsb1ct. The proposed land use dasslficatlon (LRC) Is the city's equivalent to the County's CHIS land use dasslficatlon, In terms of the allowable uses and respective Intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, SectIon 9.C.2(2) of the land Development Regulations. Since this Is the case, the request Is relatively straightforward and would not require an evaluation of the eight (8) aiteria against which rezoning applications are normally reviewed, as outlined In O1apter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: The Dry shall coordinate with Palm Beach County regarding the prevention of endaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parr:els into the Oty. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new endaves. The annexation of the subject property will further the efforts of the annexation program through reduction In the number of endave properties. State annexation law allows the annexation of endaves that are less than 10 aaes through an Inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program Indude annexing all endaves less than 10 acres, and to Incrementally annex endave properties with the Intent to redudng them below the lO-acre threshold. Therefore, the annexation of this parcel Is consistent with the only pollc:y within the Comprehensive Plan regarding annexation. The subject property lies within PlannIng Area #1 - Coastal Area, as defined by SectIon vm Land Use Problems and Opportunities of the 1989 Comprehensive Plan. SUb-sectlon 1.q. of Planning Area #1 states the following: ExIsting land uses along the u.s. 1 ITontage are predomInately retail; consequently a Local Retail Commerdal (LRe) land use designation and Community Commercial (C-3) zonIng category are appropriate, both for lots, whIch are presently In the Oty, and those, whIch will be annexed. Page 4 Edward Medical Office Bullidng Rle Numbers: ANEX 04-004 and lUAR 04-008 The requested land use and zoning Is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, sub-section l.q., found In the support documents for the 1989 Oty Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Pollee, Are, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all Immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive servtce from the city via the mutual aid agreement (Police and Are I EMS only); With respect to Impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that It meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service Impacts and availability, and based on the planned office use, It has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which Is being reviewed concurrently with this petition) Identified the absence of potable water lines directJy accessible to the subject properly. As part of site plan approval, the water line shall be extended In order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie In to an existing four (4)-lnch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; would not aeate additional Impacts on Infrastructure that have not been anticipated In the Comprehensive Plan; would be compatible with adjacent land uses and would conbibute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the Oty Commission, they will be included as Exhibit "BN - Conditions of Approval. AlTACHMENTS S:~WPlPaoJIICTSIIIdnnIloWIcaI OfIice\LUAll QC.OO8\SIdIqlod.doc _> - -0-." ~_ _"'..>_....,,~.-_,,_,-«-""__ ,.-,,$"".,'_....~,--,.'.,;...-"--- ".". -- . ,-~.._;..-~,,'*,~--< -.~-".~--,-,-~ -. ---.> ~,--_._-,.~--_.-. -._-.-<-"'->....' EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CH/5 ........... LRC CH/5 f LEGEND ~.+ . :III 40 .. t20 .!IIM..' City Boundary L~U1d ;.rass: s L~~:: . Local Retail Commercial ! it:.R . High Density Residential $}j~R . SPðcl~' High Density Re.ldentlal ;'Ir:-S - Nh'dlum ~"Identlal (county) c:I-!,S . c.omm~rclal High, wlundertylng MR-5 (county) ,~....~...._,_..~___,_____.~~,.._ _..~~~~~~______,"",~' __.._____,.". ~~, <__.'_-<4.-_~_,,,__'\I;<--_. _,.._ ~-=.--'=-'>-.........~ XII. - LEGAL ITEM A.ll CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) Ju]y 19,2004 D October 4, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 IXI October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August ]6,2004 o November 3, 2004 (Noon) October ]8,2004 o September 21 , 2004 (Noon) September 7. 2004 D November] 6, 2004 (Noon) November 1,2004 0 Administrative D Development Plans NATURE OF D Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing IXI Legal 0 Bids D UnfInished Business 0 Announcement D Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Connnission Agenda under Legal, Ordinance - Second Reading. The City Connnission approved this request under First Reading on October 4, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (LUAR 04-008) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request to rezone nom General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Proposed use: 11,957 square foot medical building. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development en Director pp ~ . 3·· C ¡ IF IH annmg an rung rrector Ity orney mance urnan Resources S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\LUAR 04- 08\Agenda Item Request Edward Med. Office LUAR 04-008 2nd reading Rezone 1O-19-04.doc S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 0'81 3 AN ORDINANCE OF THE CITY OF BOYNTON ; 4 BEACH, FLORIDA, REGARDING THE APPLICATION 5 OF HANY EDWARD TO REZONE 0.72 ACRES OF 6 LAND, AMENDING ORDINANCE 02-013 TO REZONE 7 A PARCEL OF LAND FROM GENERAL 8 COMMERCIAL DISTRICT (CG) TO COMMUNITY 9 COMMERCiAL (C-3); PROVIDING FOR CONFLICTS, 10 SEVERABILITY AND AN EFFECTNE DATE. 11 12 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 14 said City; and 15 \VHEREAS, Hany Edward, O\vner of the property more particularly i 16 described hereinafter, has heretofore filed a Petition, through its agent, pursuant to I I 17 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 18 Beach, Florida, for the purpose of rezoning a parcel of land consisting of 19 approximately 0.72 acres, said land being more particularly described hereinafter, 20 from General Commercial (CG) to Community Commercial (C-3); and 21 \VHEREAS, the City Commission conducted a public hearing and heard 22 testimony and received evidence which the Commission finds supports a rezoning 23 for the property hereinafter described; and 24 \VHEREAS, the City Commission finds that the proposed rezoning is 25 consistent with an amendment to the Land Use which was contemporaneously 26 considered and approved at the public hearing heretofore referenced; and 27 \VHEREAS, the City Commission deems it in the best interests of the S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Edwards.doc --- _.~--. .._~_.......----~-~----. ___'~~"_'''-~- _~<.___o_'__·__'___· __ ~.,..-___.;_.~_>.<_",...__ __ -.- -".~,...--....---~---~ _.~,~-~-<----#>- 1 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 2 set forth. 3 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY 4 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and 6 incorporated herein by this reference. 7 Section 2. The following described land, located in the City of Boynton 8 Beach, Florida as set forth as follows: 9 Lot 68, amended plat of Trade Winds Estates, according to 10 the plat thereof recorded in Plat Book 21, Page 73 of the 11 Public Records of Palm Beach County, Florida, less the 12 right-of-way for U.S. Highway No. 1 (State Road 5) as 13 shown in Road Plat Book 2, Pages 156 to 165. 14 15 e and the same is hereby rezoned from General Commercial District (CG) to 16 ommunity Commercial (C-3). A location map is attached hereto as Exhibit "A" and 17 ade a part of this Ordinance by reference. 18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 19 ccordingly. 20 Section 4. All ordinances or parts of ordinances in conflict herewith are 21 hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion 23 hereof be declared by a court of competent jurisdiction to be invalid, such decision shan 24 ot affect the remainder of this Ordinance. 25 Section 6. This ordinance shan become effective immediately upon passage. 26 S:\CA \Ordinances\Planning\Rezoning\Rezoning - Edwards.doc ¡ 1 FIRST READING this ~ day of Ocrober ,2004. 2 SECOND, FINAL READING and PASSAGE this _ day of , 2004. I 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 I 24 (Corporate Seal) S:\CA \OrdinancesìPJanning\Rezoning\Rezoning - Edwards.doc _n_____>___.......__~_~...... ..~-~---=.,....-,~.-"" - --" .~<. .--" ~ -_.""",,~._-~." . --~.~-- .~., L-_"--.._....__ ,-......4f....-..~_~____ ~_- ~ ,__ __yo-_____-<_.,._....~~_ __n".__"""""_..:_ DEVELOPMENT DEPARTMENT PLANNING&: ZONING DIVISION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and Oty Commission FROM: Eric Lee Johnson, AICP {f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER: Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPnON Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the Intersection of Old Dixie Highway and South Federal Highway (Exhibit "'A" - Location Map) ExIsting Land Use: CH/5 Commercial High Intensity (Palm Beach County) ExIsting Zoning: CG General Commercial (Palm Beach County) Proposed land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the 0.72-aae parcel, to reclassify Its land use to Local Retail Commercial (LRC)~ and rezone to Community Commercial (C-3) In order to construct an 11,957 square foot medical office building. Adjacent Uses: North: Developed commerdal property with a Local Retail Commercial (LRC) land use dasslflcatJon, zoned Community Commercial (C-3); page 2 Edward Medical OffIce Bullldng Rle Numbers: ANEX 04-004 and WAR 04-008 South: Developed commercial property dasslfled as Palm Beach County Commercial High / Medium Residential MR-5 (CH / 5) land use and zoned Palm Beach County General Commerdal (00); East: Right-of-way for South Federal Highway, then farther east Is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use dasslflcation, zoned Infill Planned Unit Development (IPUD); West: Developed residential property dasslfied as Palm Beach County Medium Residential (5 units per acre - RM/S) land use and zoned Palm Beach County Residential Multi-family (RM). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation ¡land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the Oty's annexation program, which emphasizes the annexation of endaves, and relevant polides In the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations In unincorporated Palm Beach County; 3. The requested change would help to further provide an economic conbibution to both the neighborhood and to the Oty. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation / land use amendment I rezonIng were mailed a notice of this request and Its respective hearing dates. The applIcant certifies that they posted slgnage and mailed notices In accordance with Ordinance No. 04-007. PROJECf ANALYSIS A land use amendment can be defined as a change to the Otýs Comprehensive Plan that seeks to modify the text: of the adopted goals, objectives, and I or polldes contaIned within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are dMded Into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition Is determined by the size of the parcel with lO-aaes being the threshold. The subject property Is 0.72 aae, which Is smaller than the lo-acre threshold and therefore eligible for the small-scale amendment process. small-scale text and Map amendments do not require the Florida Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the aty. This means that the proposed amendment, If desired by the city, would ___o__....~~ "-.__d-";<;-_~__""'_";"""-~·__~~<' -----..------~,--;-.-. "--< --~.-'''"''.;~ - ----"'~~-----_._--~- ~.-.~~.............-~~~----' tJage ;3 Edward Medical Office Bullldng Rle Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("Iarge-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment I rezoning application Is being reviewed concufTently with an accompanying request for annexation (ANEX 04-0(4). The subject property's current land use dasslficatlon Is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use dasslflcations. By contrast, the Oty of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use dasslfications. The applicant Is requesting to annex Into the Oty to utilize the Local Retail Commercial (LRC) land use dasslflcatlon and the Community Commercial (C-3) zoning district. The proposed land use dasslficatlon (LRC) Is the dty's equivalent to the County's CHIS land use dasslficatlon, In tenns of the allowable uses and respective Intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, SectIon 9.C.2(2) of the Land Development Regulations. Since this Is the case, the request Is relatively straightforward and would not require an evaluation of the eight (8) a1ter1a against which rezoning applications are normally reviewed, as outlined In O1apter 2, SectIon 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the dty's annexation program and service capability. The only polity In the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment f rezoning would be Polity 8.10.4, which states the following: 7he Oty shall coordinate with Palm Beach County regarding the prevention of endaves, pockets, or other undesirable land configurations adjacent to, or In the proximity to, colpOrate limits, prior to annexation of any parcels Into the aty. BaslcallYI this Polity requires the establishment of an annexation program, promotes orderly annexation, and prohibits the aeatlon of new endaves. The annexation of the subject property will further the efforts of the annexation program through reduction In the number of endave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an Inter-local agreement with the County without the consent of the property owners. CUrrently, objectives of the annexation program Indude annexing all endaves less than 10 acresl and to Incrementally annex enclave properties with the Intent to redudng them below the lo-acre threshold. Therefore, the annexation of this parcel Is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by SectIon vm Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-sectlon 1.q. of Planning. Area #1 states the following: ExIsting land uses along the u.s. 1 frontage are predominately retail; consequentfy a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zonIng category are approprfate, both for lots, whIch are presenfiy In the ~ and 1I1ose, whIch will be annexed. Page 4 Edward Medical Office Bullidng Ale Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning Is consistent with the recommendations of Section vm Land Use Problems and Opportunities, sub-section 1.q., found In the support documents for the 1989 my Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Are, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all Immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Are I EMS only); With respect to Impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Are Departments report that this project has been reviewed for potential service Impacts and availability, and based on the planned office use, It has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which Is being reviewed concurrently with this petition) Identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended In order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-lnch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan; would not aeate additional Impacts on infrastructure that have not been anticipated In the Comprehensive Plan; would be compatible with adjacent land uses and would conbibute to the . overall economic development of the Oty. Therefore, sœff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the my Commission, they will be Included as exhibit "BN - Conditions of Approval. ATTACHMENTS 8:~WNROJBC'I'S\I!dwI MiIdIcaI Oftice\LUAll 04-00IISWr1eJolt4>c _~_ __u. "_., &~ ,_><'._._ ,__. _0'__ _'"_-." ._..",."_",-_ ._~_.__-~..·.__o_b .~.~--- w _.__¿_"'__o.ño<~__'~"""__~"~- ,- -~ - EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CH/5 LRC CH/5 ! LEGEND *~.+ . II .. .. 120 ...... City Boundary Land us..: LRC . Local Retail Commercial HDR . High Density R..ldentlal .HDR . SpecIal High Density Residential MR-5 . Medium R..ldentl81 (coun,,) CHIS - Commercial High, wfundertrlnø MR-5 (county) - ~--,---~.- ---- .~----- XII. - LEGAL ITEM A.12 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August 3, 2004 (Noon.) July 19,2004 c=J October 4, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 I:8J October 19, 2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18,2004 c=J September 21, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing I:8J Legal c=J Bids c=J UnfInished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under First Reading on October 4, 2004. At this upcoming meeting staff will report on the status of easement dedication and advise accordingly on the processing or tabling of Second Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-217. EXPLANATION: PROJECT: 306 Boynton Beach Boulevard, L.C. (NE 2nd Street) (ABAN 04-005) AGENT: Roger B. DeCapito / Jim Knight OWNER: N/A LOCATION: South side of Boynton Beach Boulevard between NE 1st and NE 3r Streets DESCRIPTION: Request for abandonment of a 40-foot wide unimproved right-of-way (Northeast 2nd Street). PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A 7 Developm· epa 2/.(j '1 - ~ Planning and Zo~g irector S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\Agenda Item 19-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r ¡ I I I 1 ORDINANCE NO. 04- 0 e 6 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 W1TH CONDITIONS OF A FORTY-FOOT WIDE 6 UNIMPROVED RIGHT-OF-WAY OF NORTHEAST 2ND 7 STREET; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED W1TH THIS ORDINANCE IN THE 10 PUBLIC RECORDS OF PALM BEACH COUNTY, 11 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 \VHEREAS, Applicants, Roger B. DeCapito and James \V. Knight are requesting to 15 bandon a portion of the Northeast 2nd Street right-of-way. The 40-foot wide unimproved 16 'ght-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat; and 17 18 \VHEREAS, comments have been solicited from the appropriate City Departments, 19 nd public hearings have been held before the City's Planning and Development Board, and 20 he City Commission on the proposed abandonment; and 21 22 \VHEREAS, staff has detennined that the subject alley does not serve a public 23 urpose, subject to modification of condition #5 to require an easement only if utility lines 24 re present, and to alternatively allow relocation if preferred by the applicant and/or 25 ell south; and 26 27 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing \Vhereas clauses are true and correct and incorporated 31 erein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 ereby abandon a portion of that certain road right-of-way lying in Block 3, of Plat of 35 OYNTON as recorded in Plat Book I, Page 23, of the Public Records of Palm Beach 36 ounty, Florida, said right-of-way being a 40 foot wide strip of land lying adjacent to and 37 butting Lots 3 and 7, Block 3 of Said Plat of Boynton, subject to subject to modification of 38 ondition #5 to require an easement only if utility lines are present, and to alternatively allow 39 elocation if preferred by the applicant and/or Bellsouth and more particularly described in 40 he attached Exhibit "A." A location map is attached hereto as Exhibit "E." 41 42 Section 3. The City Manager is hereby authorized and directed to execute the 43 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 44 ecords of Palm Beach County, Florida. 45 46 :ICAIOrdinanceslAbandonmentsl306 Boynton beach Blvd LC.doc ,_o___^____>__~______,__~...,.,_ - ,~.~ -'~ .-. .;-"-__~_~."'.-.o~____. .., -"' .,-,_ =-- ~-,_..<.,,__"""__~____·t, ~_C~';""""""" 1 Section 4. This Ordinance shall take effect immediately upon passage. 2 FIRST READING this ~ day of Oc.Tober 3 ,2004. 4 5 SECOND, FINAL READING AND PASSAGE THIS day of 6 7 , 2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 ~3 l4 Commissioner 25 TTEST: 26 27 28 ity Clerk 29 30 31 S:ICAIOrdinanceslAbandonments\306 Boynton beach Blvd LC.doc I ! I I ! I I 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 portion of that certain road right-of-way lying in Block 3, of Plat of BOYNTON as recorded 8 n Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida, said right-of- 9 yay being a 40 foot wide strip ofland lying adjacent to and abutting Lots 3 and 7, Block 3 of 10 aid Plat of Boynton, subject to subject to modification of condition #5 to require an 11 asement only if utility lines are present, and to alternatively allow relocation if preferred by 12 he applicant and/or Bellsouth. 13 14 IN \VITNESS \VHEREOF, the duly authorized officers of the City of Boynton 15 each, Florida, have hereunto set their hands and affixed the seal of the City this _ 16 ay of October, 2004. 17 TTEST: CITY OF BOYNTON BEACH, FLORIDA 18 19 anet Prainito Kurt Bressner, City Manager 20 ity Clerk 21 22 TATE OF FLORIDA ) 23 )ss: 24 OUNTY OF PALM BEACH ) 25 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 26 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 27 lorida, known to me to be the persons described in and who executed the foregoing 28 . strument, and acknowledged the execution thereof to be their free hand and deed as 29 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 30 fficial seal of said corporation; and that said instrument is the act and deed of said 31 orporation. 32 WITNESS my hand and official seal in the said State and County this _ day of 33 ctober, 2004. 34 35 NOTARY PUBLIC, State of Florida 36 My Commission Expires: 37 :ICAIOrdinances\AbandonmentsI306 Boynton beach Blvd LC.doc - --~'-~~----."" .- "-"__"'-'-c~p ~. --~---,~-~-~- .----.---. -" ,_.~~-- ---,-----""""p------,~ -=-.-- - _.~,,- ~ -~ >.~.'""----......_-,~-_._-..?..."'.;...... ~>-,",..,. . .~~ 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 portion of that certain road right-of-way laying in Block 3, of the Plat of BOYNTON as 10 ecorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said 11 'ght-of-way being a 40 foot strip ofland lying adjacent to and abutting Lots 3 and 7, Block 3 12 f said Plat of Boynton and being more particularly described as follows: 13 14 EGINNING at the Southwest Comer of Lot 3, Block 3, Plat of BOYNTON as recorded in 15 lat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly 16 long the North line of a 20 foot alley said line also being the Westerly extension of the 17 outh line of said Lot 3, Block 3, to the Southeast comer of Lot 7, Block 3, of said Plat of 18 OYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South Right of 19 ay of Boynton beach Boulevard; thence Easterly along the South right of way line of said 20 oynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly slong 21 he West line of Lot 3, Block 3, to the POINT OF BEGINNING. 22 ?3 ontaining 5,059 square feet more or less and subject to easements, reservations, restrictions L4 d rights-of-way of record. 25 26 S:ICAIOrdinanceslAbandonments\306 Boynton beach Blvd lC.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-217 (REV.) TO: Chair and Members Community Redevelopment Agency THRU: .-;:;p~ Michael W. Rump Planning and Zoning Director ~ FROM: Eric Lee Johnson, AI~ Planner DATE: September 1, 2004 SUBJECT: Abandonment of a portion of Northeast 2nd Street ABAN 04-005 NATURE OF REOUEST The applicants, Roger B. DeCapito and James W. Knight are requesting to abandon a portion of the Northeast 2nd Street right-of-way. This 40-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block 3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment is described as follows: A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as follows: BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block 3, to the POINT OF BEGINNING. Containing 5,059 square feet more or less and subject to easements, reservations, restrictions and rights-of- way of record. The Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a description of the land uses and zoning districts of all properties that surround the subject right-of-way. North - Right-of-way for Boynton Beach Boulevard, then farther north is developed commercIal (OJ's Restaurant), zoned Neighborhood Commercial (C-2); South - Right-of-way for a 20-foot wide alley, then farther south is unimproved right-of-way for Northeast 2nd Street; ^__. . ___._,_" _..-__..___' ~__,->V>_~".. ~,~-- . .-.;_"-"«--0......... - ---"'-~-'~-"'--~-~-"""'''''---*~'''''''''-~''''--~~---',<,~' Page 2 Memorandum No. PZ 04-217 ABAN 04-005 East - Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2). BACKGROUND The subject right~of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The plat, originally approved on September 26, 1898, included 162 individual lots, a 100-foot wide right-of-way owned by the Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets, which were dedicated for perpetual use by the public. The plat also contains a reverter clause, which states "reserving to ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. The adjacent property owners have been Informed of the existence of the reversionary issue. Re- development or expansion of the adjacent properties following abandonment will require the property owners to establish proof of clear title as a condition of re-development or expansion. The applicant informed staff that it is their Intention to develop additional parking for their now vacant building located at 306 East Boynton Beach Boulevard following abandonment. As mentioned above, proof of clear title will be required. ANALYSIS When a right-of-way, such as this unimproved street, is abandoned, the abandoned land is transferred from the general public to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and "'_~ other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected perty owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3 Boynton). Public records indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3 Boynton). A summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBUC UTILITY COMPANIES Florida Power and Light - No objection Bellsouth - Approval with conditions (see Exhibit "C" - Conditions of Approval) Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A All public utility providers have been notified and all are recommending approval of the abandonment request. f-I-'''Iever, It must be noted that Bellsouth.believes that underground telecommunication infrastructure is present in the unimproved roadway. Therefore, Bellsouth is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. The City Public Works I Utilities Department, which is also recommending approval, would oversee Page 3 Memorandum No. PZ 04-217 ABAN Q4..Q05 the easement dedication process. Lastly, the Community Redevelopment Agency has no objection to the applicant'~ request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections. According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment purposes. There are also no isolated parcels adjacent to the subject right-oF-way that would rely solely upon this street for access. RECOMMENDATION Staff has determined that the subject alley does not serve a public purpose, and thereFore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "CIf - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\Staff Report - rev.doc .,__,._.--"_..-"",~-<.--.",,,~...-....rI.-'-,-. .~__ _~___"",L_"_-''' u_..'_O_ > __.___~ .~. ~-~------~-_.-/-^-- - ---~ , ';fl II + .~ r~ 1 in. = 150.0 feet ~ J I I ,) NE 3RI A'tlE J ...v~ 5 ~ I I ~ I ~ ~ -_._-~.._-..__.. ...._~~-- ('3 : I Cj ~ J I I .......,..··Rlvn ...-.. _ II II",NI ·Rlvn DI",YNlIIJNI ·Rlvn I \~ t: PU ~ ~,/ - ~ I I 1 1~T A~ 'f: Nt- un .nut-" I R:~ !;I ~~2 ~ I~ I r 'A W! I ~ ~ -t J L ~FAN AVf: r; --- ·,N AVF= E ",.......... AVF= '---J - ~ ~ ~ ~ 1_ ~ a_ J_ lOCATION MAP 306 E BOYNTON BEACH BLVD EXHIBIT"N ')i ~~ 7~t~ß ~~ ~:·,';jlfi{r . ,"'_0" . '4.-;_. . . ::.:---->;"..-.. 1:.^"ltJll --ö" <Sf Q m fílff~ø L ;~þ I QI ~ ~ 2ï? ...þ. ~ ! ~ ;¡~t~r ~?~ U~~~i <:> ~ 'V - N <:::> .. r ø Ei Ei . ~~ . =ï ~ ~ " 11 ~ - \)J ~ \J ";,¡J ~L~~ ii" t~! t~¡h " ;¡ ~ ~ ~ ~ N (; < ~ ~ ~;¡ ~"",~. ~.ti5-5-~~. "'[h , ~ n:;;t ~ ~ ~. ~ B Ÿ ~ ~ <;J1 \JJ 1; ¡~ ~¡,:. hit~~; ~î!~.~g~~ f;¡ C) '-J :r- QI < q¡ r+ -< ...µ ~ <:::> '\JJ Q) _ "'~..~ rt-s¡ ~ a..C e '" ~ - s .. ~ . <J \I . N ...þ. ~ ~ " D ~ î'~ ~ ~i~~f 'IS~, ~ ~~~ z .~ ~ <i: iì' & ~ ~ ~ § ~ ~ ~ .1' - '" sP ¡>-, J1 ~ t tt¡p~f""i,;H [lr¡. ~ i.~ C) ::::i .f '-J :l.. :1} Z III 11 7'\J \ -%:ï. J'; 'J~ 3.~" ~f 1&-!:; ,?¡ ,,~~ -" ~ ,....,. " c, <:::> 0 _. "I ~\J'g -~\J'.~ ~ f:-ft ~ ~ N' ~ ~ Ci !: ~~ ~i~~~:~~ ~ :;t~;-~ N -< s:, '>L ~~ 5ìlif~r""'-O¡ON~? ~ ~~ ì;¡~ ~ \I"' () '!a ~ _ 'I. Ii c,{"Itp 1¡;"~'" ~ ..~ ~t~ ~~~-!¡~ ~~_ ~I ;~ E < ~~?l !:C<.....y. ltl~~ ~~ "t1ft~o ~ ~~ ~ <>~ Eit;<}t;< -r... it''t P rt.?·;¡~ ....~ , tp.... f.' ~ ftot'¡ ~ ~; "ftt~~L ..t1_'" ~.i·~NY. s f ¢ ~~f ~.. y. ~ ~~f[~~ ~ ~r f~ L_~ I L~ ~ I ~ '" AI<, " '1 ~ I I --- <:::> ~~ r-.- -- ~ r;.> ~t 40.01" _ § ""5, Q if.. I "1>" S:L::1 :J ,. ~ ~~ IT 20.00' ì ðð:s, 1 q,O· l I ~ "'~ ~ -< "I l ?- ¡ ~ s' ~ :f, !J t , Nv> ~;:- I Q) CP CJ ~ ~ ~. " "", <;J1 Q' ~;:+. \ ~("\:E(" !I. ~ ~¡: , ;::o;-~ ~ Iõ 0 I rl _ ~-" t:t I ~ ç:;'\)J--n~ -.-., ~ 0 s::: ~ ~, !: N -fif \ Q Q' ~ ~-< )t () ,,~" I C) z ~,\J ("\ :! 2 , ~" I \.-f- ~ ~ if -< ~ Q) 0' ~. \.5\·'0,:-..J :ï!~ ~ ~<+7\JS::: ij- I (1) ~ Q) <:) <:::> ::¿ I z :Þ <-. -<::: 'V' b \JI -+. s::. (b ~ ~ <::: g <:¡ ("\ S:L -< ""'. rn _ ~ .-f- I (1) i'> =^ :2. DJ ~ I . ,\ ~ -I \} --< ~ \.).I ~ C) ~ ~\ 'V"' I \ ~ <" ~ '! ~ S:L AS::. :i ;l-' c, ''¡''I-n C) 'T .- ~ :\ I '>L - .-+ :? ~ \J ("\ ::r Z .rl ~~ ft.-+ ___ ~ Q) if~ <I' ~ Ij\ I y -:< .\~ ~ .,-/<:::> i ~ () ~. rl rn " G' Q) C)-+ tIR N I ' _ "V' ~ <:::> . ! r \)I::}1 ~ " II g " (1) ~ ~. z ~ ... i ~ a . rl ~ :;0;- I ~ fIt f! I -""'~~ -< ,r~ ~:ï I}<J I 1-.... ..... I Ç\ {;3 ~ I} r~ - ~ W.O- _ 1.O{)' 'f¡ ì l f & I ~. I ' '" ~ 0 I 0 ~Jtl~~ -~,. HI; 1~ ~l i I _ <? t i"- \)Ii f" 1.0.00- 1; £ Õ . [! ~ ~ 1 -!~ ~~ -- ?ø4lGl'e~t f)"*v...d ~ lit ~;¡¡ r~ll:':" 1.' Cui. $ 6ut1er ___, " ..I -¡J< - ¡:[ ~ North J ; r{' !frn \ ~~ ~ UI ,L- . -', ~ .~ b III ~¡;¡ I.!\ · I Q """",,.-j r - I!! ~ . ~_ ~oynt,,:!eaGh ¿:o~vard _ ¡ N E >-4 ~ f 1. Lh""""'" ~._.;f l . ..... E.ø, Coots, r ~""Y t . ~~<.. __~~--,".,__~ _,"'_ .~~ _,_"0' ,_"'~ ...-_____ EXHIBIT "C" Conditions of Approval Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard File number: ABAN 04-005 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. This roadway is currently paved over as a parking area and does not contain X any underground utilities of the City, but recognizes that Bellsouth telephone apparently has buried cable in the general area. Therefore, a utility easement would be required. 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to read as follows: X "A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3, BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida". POLICE Comments: None X ENGINEERING DIVISION Comments: None X . BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X 5. Bellsouth has investigated the request and found there to be buried X telecommunication facilities in the vicinity of the right-of-way abandonment A more thorough investigation will reveal specifically where the buried telecommunication facilities are located. Bellsouth may require a utility easement encompassing the path of the existing facilities, including any lateral occurrences. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 6. Requirement for easement is contingent upon existence of Bellsouth utilities, X and easement dedication may alternatively be substituted with utility relocation if desirable by applicant and/or Bellsouth. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 7. To be determined. S:\PtannIng\SHARWPV>ROJECTS\306 BBB.ABAN~ _ 0__ __<_.....->-o.:..-_~.>;~.-< » __.' ,_ . ?~_.....,...o>. ~ .'~ '_n.___dO__ .n_-_ "'~~ _. __.J!- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 306 East Boynton Beach Boulevard (ABAN 04-005) \PPLlCANT'S AGENT: Roger B. DeCapito and James W. Knight APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 21, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey Place) right-of-way located between Lot 7 and Lot 3, Block 3 of Boynton (Dade Co. Fla.) plat. LOCATION OF PROPERTY: located near 306 East Boynton Beach Boulevard, which is on the south side of Boynton Beach Boulevard, between Northeast 1 st Street and Northeast 3rd Street. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the 'Jblic finds as follows: 1. Application for the relief 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 relief 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - 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 DATED: City Clerk S:\Plannlng\SHARED\WP\PROJECTS\306 BBB, ABAN O4-OO5\DO.doc -- -...---,..,.--,,~-~-,,- ..>--..~-,."...->-- -.-.~ -."-~ .~ -.-I~ XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 I:8J October 19,2004 (Noon) October 4, 2004 C) ,-- :::, _~1 ~~-< .-- D September 7, 2004 D November 3, 2004 -~ (Noon) August 16,2004 (Noon) October 18:~4 ~: 0 n 00"-:\ D September 2 I , 2004 D November 16, 2004 .-I ""-Q (Noon) September 7, 2004 (Noon) November 1,2(>04 :~ U' F.-.i-"'.. .~.-- /':- ,;.- . -I "V" ¡J)O :'$: .--...~ D Administrative D Development Plans -....;~ C[? "'ç:J D D ;:!fT1 NATtJRE OF Consent Agenda New Business ú\ OJ;? AGENDA ITEM D I:8J Û' ("no Public Hearing Legal ;:J; D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve a proposed ordinance amending Section 14-5, "Motor Vehicles and Traffic - Stopping, Standing, Parking, or Storage Prohibited in Specified Places", of the City of Boynton Beach Code of Ordinances. EXPLANATION: The proposed ordinance amends Section 14-5 of the Code of Ordinances to enforce restricted parking on rights-of-way under the jurisdiction of the Florida Department of Transportation (FDOT) in accordance with General Use Pennits issued by the FDOT and authorizing the City to restrict parking on portions ofFDOT rights-of-way. General Use Pennits authorize the City to restrict the hours of continuous parking and to install appropriate signage. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~})2 } - . e ey R. ~d, Director Public Works Department/Engineering Division Department Name Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC," 6 AlVIENDING SECTION 14-5, "STOPPING, STANDING, 7 PARKING, OR STORAGE PROHIBITED IN SPECIFIED 8 PLACES" OF THE CODE OF ORDINANCES, TO 9 RESTRICT HOURS OF PARKING ON FLORIDA 10 DEPARTlVIENT OF TRANSPORTATION RIGHT-OF-WAY 11 WHERE SIGNAGE IS POSTED; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 \VHEREAS, certain rights-of-way under the jurisdiction of the Florida Department of 16 Transportation ("FDOT") are striped to provide limited parking opportunities; and 17 \VHEREAS, it has become apparent that this limited parking is being abused in certain 18 instances for all-day parking by area businesses and visitors, thereby removing such parking , 19 spaces for use by the general public and those fTequenting the establishments located along these 20 FDOT corridors; and 21 WHEREAS, businesses are obligated to provide sufficient parking on their respective 22 properties for their employees, their business vehicles, and any vehicles for sale or rent; and 23 WHEREAS, upon application to the FDOT for a General Use Pennit, a City can request 24 to restrict the hours of allowable parking on FDOT rights-of-way; and 25 WHEREAS, the FDOT has authorized the City of Boynton Beach to implement 26 restricted parking, usually two (2) hour parking during peak hours, in these parking spaces 27 located within the FDOT rights-of-way; and 28 WHEREAS, it is the desire of the City Commission to ensure that adequate parking is 29 available for the general public, while preserving aesthetics and the safety of those utilizing Page 1 of 10 , I I -- ~-------~-_._-----~.-_. .,.. -"" - -, -. ,-- -'-,<~, ~,-- ~--__«____ _,<.~~~._...__"-___ "-- I- ! I ] public rights-of-way to travel within and through the City of Boynton Beach; and 2 'VHEREAS, the City Commission of the City of Boynton Beach, Florida upon 3 recommendation of staff, has determined that it is in the best interests of the citizens and 4 residents of the City to amend Chapter 14 to restrict the hours in which the standing or parking of 5 vehicles on FDOT rights-of-way is pennitted; 6 NO'V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 9 Section 1. That Chapter 14, "Motor Vehicles and Traffic," Section 14-5, "Stopping, 10 standing, parking, or storage prohibited in specified places," of the Code of Ordinances of the 11 City of Boynton Beach is hereby amended to create a new subsection (a)(6) as follows: ]2 Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places. 13 14 (a) Except when necessary to avoid conflict with other traffic, or in 15 compliance with law or the directions of a police officer or official traffic control device, 16 no person shall: 17 ]8 . .. ]9 20 (6) Stand or park a vehicle, whether occupied or not, in a designated parking 21 space on or along any street, roadway, or right-of-way under the 22 jurisdiction of the Florida Department of Transportation in contravention 23 to the parking restrictions set forth in any ~eneral use permit issued to the 24 city by the Florida Department of Transportation. A general use permit 25 authorizes the city to restrict the hours of continuous parking along a 26 designated street, roadway, or right-of-way, and to install and maintain 27 signage specifying the continuous parking restriction, the hours in which 28 the restriction is applicable, and the street, roadway. or right-of-way on 29 which the restriction is applicable. Signage in accordance with this section 30 and general use permit shall be conspicuously posted identifyin~ the 31 restricted parking zone and the hours in which the restricted parking is 32 applicable. 33 34 Section 2. Should any section or provision of this ordinance or portion hereof, any Page 2 of 10 1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 2 decision shall not affect the remainder of this ordinance. 3 Section 3. Authority is hereby granted to codify said ordinance. 4 5 Section 4. This ordinance shall become effective immediately upon passage. 6 7 8 FIRST READING this _ day of , 2004. 9 10 SECOND, FINAL READING AND PASSAGE this ~ day of , 11 2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 Mayor 17 18 19 20 Vice Mayor 21 22 23 24 Commissioner 25 26 27 28 ATTEST: Commissioner 29 30 31 32 City Clerk Commissioner 33 34 (CORPORATE SEAL) 35 36 :\ca\ordinances\Parking - FDOT ROW.doc 37 :\1990\900182.bb\Ord\Parking - FDOT ROW.doc 38 ev.09-29-04 , , Page 3 of 10 ; ----- .c__. .~ ----~----~---- ----~'---- -.-,--- .--.,--.-, .- ____~'_-_~~_C>J. ,~,~ __~_<~.~_ ~_ ,.), - XII. - LEGAL ITEM D.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 o August 3, 2004 (Noon) July 19,2004 [8J October 5, 2004 (Noon) September 20, ~ (J-t :::;-< U) -<C o .~ugustI7,2004 o October 19,2004 ,gj .:) -n (Noon) August 2, 2004 (Noon) October 4,200 . f'-J .. c;J ; i(J 0 September 7. 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18, 200~ ~~~ -< "",'-"'-:';'~ -:) . .",,'; --! o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 200-.r C) C1 :O~ - -,' .. -r]o - --1"1 \.D 0> 0 Administrative 0 Development Plans ; -'0 == NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: On June 15,2004, City Commission approved the Option Agreement for the Purchase and Sale of Real Property located on NW 22nd A venue, within the City's ¡nfill development area and currently owned by Benjie Sperling. Staff would like to exercise the terms of the Option Agreement in purchasing said property. EXPLANATION: Mr. Sperling obtained a final judgment quieting title in his name, and has provided the City with a certified copy of the Final Judgment quieting title. Once the City Commission exercises its option to acquire the property, the City has sixty (60) days to acquire the property. PROGRAM IMPACT: FISCAL IMP ACT: The funds for the purchase are available from the Community Development Department In Fill Development Account. ALTERNATIVES: Not to proceed with the purchase of Parcel 2. City Attorney's office Department Name ance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOJU\.1.DOC 08/13/2004 17: 31 9549810555 BENJIE SPERLING PAGE 02 I I I I I IN/THE CIRCUIT COURT OF THE 151M \ J~OICIAl CIRCUIT, IN AND FOR P lM BEACH COUNTY,FLORIDA ctCUIT CNll DIVISION ~fE NO. 502004CC006108XXXXM8 R8 B NJIE S. SPERLING. Plaintiff, vs 1 B I YNTON BEACH COMMUNITY DEVELOPMENT C RPORATION; and all uoknown p es daiming by. through, under or against Defendant(s). wether living or not and whether 881d unknown parties claim 8 heirs. devisees. grantees, assignees. lienors. creditors, ~tee6 or in en)' other capacity C!alming by, through, . er or agaInst the n~medOefendant(s), l Defendants.! ¡ DEFAULT FINAL JUDGMENT QUIETING TITLE I THIS CAUSE came before the Court on Plaintiffs Motion for Default Final Judgment Quieting T" e; there having been entered. by the Clerk and/or the Court, 8 Default against Defendant(s), B YNTON BEACH COMMUNITY DEVELOPMENT CORPORATION. a dissolved Florida corporation; the C urt having reviewed Plaintlfrs Motion and Memorandum of Law; and the Court being otherwise fully ised in the premises. it is ORDERED AND ADJUDGED: 1. The Court has jurisdiction over the subject matter and the parties hereto. 2. There is no material Î$sue of fact or law In dispute and Plaintiff Is entitled to Judgment sistent with Rule 1.500. Florida Rules of Civil Procedure. 13. Plaintiff is entitled to the relief afforded by Section 65.081, Florida Statutes, quieting and crrming its title in and to the real property described in the Complaint and hereinafter. 4. There is no defense to or grounds that defeat Plaintiff's title or the tax deed from which It $' Iibe. The delInQuent real property ....... !he non-paymenl 01 whK;h ,esulted in Ihe _ 01 lax ç 'IÇ8te(s) and then led to the application for tax deed when not redeemed. were not paid prior to the , iSSU80C8 and recording of the tax deed. I 5. The Palm Beach County Tax Collector strictly complied with its duties under the provisions of , c,apter 197, Florida Statutes, andi" particular section 197.502. FS.. after it received the application for ~ deed by the holder of the tax certifIC8te(s). The Clerk of the Circuit COurt, Palm Beach County. FI)rtda. strictly complied with the provisloos of Section 197.512. F.S.. by effecting publication of a notice fo~ application for tax deed. The Clerk also complied with the provisions of Section 197.522. F.S.. by m ling or othelWis~ processing the required notice of application for tax deed to those parties in interost e tablished under SeCtion 197.502, F.S. I I ¡ I I ---_..,~~-- ...-.--~ __~ ___..,_-o.-_"____~-_.___ _,_ ~- -.'- -~-~-~--""---~~" >-. _,...__~_-..""_~,__,_._____ ~",,"·_-",~_""h-· 08/13/2004 17: 31 954981135&5 BENJIE SPERlING PAGE 133 I I I 6. The tax deed dated January 22. 2003. issued and delivered by the Clerk of the Circuit Court, P 1m Beach County, Florida, and which has been filed in OffICial RecordS Book 14695. Page 1860, of the blic Records of Palm. Beach County. Flortda. Is hereby conftrmed as valid. II conveyed title to the pr erty described therein to the grantee thereof and from which Plelntiff cleims title, exclusive of any cl ims of DefenØant(s) hereto and all parties Claiming by, through, under or against said Defendant(s), all as províded in Section 197.552, Florida Statutes. 7. The title of Plaintiff. BENJJE $. SPERLING, 8S to the folloWing described real property In Palm B~ County. Florida: L 2. Block 27. ROLLING GREEN RIDGE FIRST ADDITION, accordIng to the Plat thereof, 88 recorded In 'Plat Book 24. at Page. 223, of the Public Reçards of Palm Beach County, ~1orid8, less the parcel t""' m 0fIk:i8I Reca<dS 8001< 1932, P_ 889 (fa< 1-95 "ght Of way) is good title against fheclaims or purported claims at Defendant(s); all parties having or (¡Iaiming to I any right. title or interest in tt1e subject real property; all persons claiming by. through or against said enelants since the filing of the Notice of Lis Pendens; and those clairna or purported claims are c celled and bite to the real property is forever quieted in favor: of Pt81!ft E DONE ANO ORDEREO at West Palm Beach. Palm Beach County~~.4f¡jD DATED JUl 2 6 20fJIt I JlJf)G¡: nON~~~AFE E CIRCUIT COURT l ;:tieS furnished to: St vent. Jones, Esq.. 9999 N;E. 2"" Avenue, Suite 216, Mlemt Shores. Florida 33138 eqynton Beach Community DevClopment Corporation, c/o Arthur Mathews. 1262 Gondola Court, Boynton T' FL 33426 I I I I ! I ¡ I I I , , 08/13/2004 17:31 95498105&1> BENJ IE SPERLI NG PAGE 01 .~, .l)e -' ,¿.--r:-I 0::<' I S'f.. 1- (4 À ._ £~5' Lj 'h -.___d ._.. --..--- -- r1e--u ;,. ~5~ í I \ '"'5 -r-k..¥1\ : LARSON AND JONES ATTORNEYS AT LAW 9>10_~VIEW DIJILD'IOC, SUIT[ 2 j e 999~ J\iO,.THE....$1' 2ND AV~"UE 1\11""'1 SJ.tÚHÞ.:8, FIA)R'OA 33138 - TeL~PHO"'E '305) 7:11·18~1 ~... 130~ "!:I4·~.2e GUSTAVE W LA.RSON (RETIRED) STf;vEN L -JONES July 29.2004 Mr. Benjie Sperling PO Box 7058 Hollywood. FL 33081 RE: Boynton Beach property FOR PROFESSIONAL SERVICES RENDERED: I have completed the quiet title action for this property. Enclosed is a copy (conformed) for your reference. Please advise if you require anything further. Otherwise. I will be closing my file. SLJ ,----~'---- ~...._..-"<>~,---=...-~,,-'*'--.,,""""<-_.-",,~---- <-. <~",-^' '.- ~~-"""""'=--.'~'--~ OPTION AGRKF.MRNT FOR PITRCHASF. AND SAf,E OF REAl. PROPFRTV This Option Agreement for Purchase and Sale of ReaJ Property (hereinafter the "Agreement"), is made and entered into as of the _ day of , 2004, by and between the City of Boynton Beach, a Florida municipal corporation and/or its assigns (the "Buyer") and BENJIE SPERLING, of HoUywood, Florida, (coUectiveJy referred as "SeIJer"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The foUowing tenns when used in this Agreement shaH have the foHowing meanings: 1.1 .8n}ær. City of Boynton Beach a Florida municipal corporation with a mailing address of 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425. 1.2 \.losing. The delivery of the Deed to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.3 \.los'¡n~ Date. The date of the Closing as detennined in accordance with Paragraph 10 below. 1.4 Deed. One (1) General Warranty Deed which shan convey the Property from Seller to Buyer. 1.5 Effective Date. The date that this Agreement is executed by the last party to sign it. 1.6 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.7 Governmental Rt>.qnirement. Any law, enactment, statute, code, oròinance, rule, regulation, judgment, decree:, writ, injunction, francr.ise, pernrit, certificate, license, authorization, agreement, or otber direction or requirement of any GovemrnentaJ Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to tbe Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.8 Option Acceptance Date. The date upon which tbe Buyer notifies SeHer that Buyer intends to exercise the option granted by this Agreement in accordance with Paragraph 2.3 below. 1.9 Option Rxpirntion Date Two Hundred Ten (210) days after the Effective Date, or sooner as described hereinafter. 1.10 Property. That certain real property located in the City of Boynton Beach, Palm Beach County, FJorida, and more particularly described as parcd on Exhibit "Arr attached hereto and made a part hereof, together with an improvements, property rights, easements, privileges and appurtenances thereto. 1.11 PI1tr.ha~e Priœ, The price the Buyer shaH pay the SeHer for the Property as more funy set forth in Paragraph 3 below. 1.12 Scller. For purposes of this Agreement, the SeHer for the Property. 1.13 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and/or recording of other closing documents. 1.14 Ii1k..Comp:my, The title insurance company, licensed and authorized to conduct business in the State of Rorida as selected by Buyer. 1.15 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Pennitted Exceptions. 1.16 Permitted Exœption~. Taxes for the year 2004 and subsequent years, zoning, easements, covenants, reservations, restrictions and agreements of record. 2.0 Grant of Option for Purchase. 2.1 For good and valuable consideration of One Hundred DoHars ($100.00) paid to the SeUer by the Buyer, Seller hereby grants to Buyer and Buyer hereby accepts from Sel1er an option to purchase and acquire the Property from Sener on the terms and conditions hereinafter set forth. 2.2 Within ten (10) days of the Effective Date, Buyer shan place a refundable deposit of One Hundred DoUars ($100.00) into the Goren, Cherof, Doody & Ezrol, P.A. Trust Account (interest bearing). In the event Buyer exercises the options granted hereby, but fails to pay the· balance of the Purchase Price for the Property at the respective Closing Date, as defined herein, or otherwise defaults under the terms of this Agreement, Buyer shall forfeit this deposit to SeIJer. The parties agree that this will constitute liquidated damages, and the parties shall thereafter have no further obligations under this Agreement. In the event that the Buyer does not exercise the option, then, in that event, the deposit shaU be returned to the Buyer, forthwith, and with accrued interest, if any. 2.3 In the event Buyer decides to exercise the option granted hereby, Buyer shaH give SeJIer written notice of Buyer's decision to exercise the option on or before the applicable S:\CA\Departmcnts\Community Redev'\CDC\Rev 05)404 CDC - Lot 2 Purchase and Sale Agreemeotdoc 2 - ._--~~~- """'....-..--.>- - ~____~_~__'r-_ ______<_- -__ .---~-~_~_~~~_-_~__~_~-_" >.,....___~,~__,~~~_.___~... -_."_ t,~ "__. Option Expiration Date. 3.0 Pnrchas.e Price ~md rontin~ncie.s.. 3.1 Pnrchas.e Price The parties have agreed upon a Purchase Price of TWELVE THOUSAND AVE lillNDRED ($12,500.00) DoHars. 3.2 rontin~ncies. The Buyer's obJigations under this Option Agreement are contingent upon the foHowing. 3.2.1 Approval of the Option Agreement by the City Commission of Boynton Beach. 3.2.2 Approval by the City Commission of Boynton Beach to exercise the Option within two hundred ten (210) days of the Effective Date. 3.2.3 Buyer's obligation to dose is contingent upon Buyer obtaining an environmental audit(s) deemed satisfactory to Buyer. 4.0 Evide.nce of Title. 4.1 Delivery of Title rommitment. Within twenty (20) calendar days of the exercise of the Option, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to SeHer or SeHer's attorney within five (5) days of receipt of the title commitment. 4.2 Mar1œtahle Title. SeHer shall convey marketable title to the Property, subject to the Pennitted Exceptions. Marketable TitJe shall be detennined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have fifteen (15) days from the date of receiving the Title Commitment to examine saine. If title is found defective, Buyer shall within ten (10) days of receiving the titJe commitment notify SeIler in writing of any specific title defects. Buyer shall have the option of either accepting the titJe in its existing condition without a reduction of the Purchase Price, or of tenninating this Agreement by sending written notice of tennination to SeHer. Upon the tennination of this Agreement, neither Buyer nor SeHer shall have any further rights or obligations hereunder except as provided in this Agreement. 5.0 Survey. Within ten (10) days of the exercise of the Option, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in SeHer being required to convey any lands or rights other than those described to be within the S:\CA\Departments\Community Redcv\CDC\Rcv 051404 CDC - Lot 2 Purchase and SaJc Agreement.doc 3 Property described on Exhibit "A" attached hereto. Any objections must be de1ivered to Seller's attorney within the thirty (30) days of Option Acceptance Date. 6.0 SeneT'~ RepTf':~ent~tion. SeHer hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as foIIows: 6.1 Se 1JeT'~ A nthority. SeHer has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within SeJIer's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its tenns. 6.2 No I r.eaJ ß~r. The execution by SeHer of this Agreement and the consummation by Seller of the !ransaction hereby contemplated does not, and on the Closing Date wiH not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which SeHer is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 6.3 No T>efanlt SeUer is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 6.4 Iitk. Sener is the owner of marketable title to the Property. No later than thirty (30) days prior to the Option Acceptance Date, Seller shall provide proof to Buyer that it has obtained Final Judgment Quieting Title to the Property in the name of the Sener and that the SeHer owns fee marketable title to the Property, free and clear of all liens, encumbrances, and restrictions of any kind, except the pennitted exceptions and encumbrances of record which wilJ be paid at closing. 6.5 T .'t;gat1on. Other than the filing of a Quiet Title Action, there are no actions, suits, proceedings or investigations pending or, to the knowledge of SeHer, threatened against Sener or the Property affecting any portion of t.'Je Property. 6.6 PartieR in PORReR~ion. There are no parties other than Seller in possession of any portion of the Property as a lessee, tenant at sufferance, or trespasser. S:\CA\Departments\Community Rcdev\CDC\Rev 05]404 CDC - Lor 2 Purcbase and Sale Agreemeot.doc 4 ~~-'_-""'''''''~'''~''"~_'o~_''-~ . I' 6.7 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer becomes aware prior to Closing that any of SeHer's warranties or representations set forth in this Agreement are not materially true on the Effective Date or any time thereafter but prior to Closing, and in the event Sener is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in which event the parties wiH be relieved of an further obJigations hereunder; or (b) elect to dose under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 7.0 Buyer's Representations. The Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date that Buyer has fun and complete authority subject to compliance with Chapter 166, Rorida Statutes, the City of Boynton Beach Charter and Code of Ordinances, to purchase the Property and to comply with the tenns of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and a11 requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 8.0 ronditions Precedent to Closine;. Each of the foUowing events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to dose this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said 1 D-day period, Buyer shalI have the right to either (a) tenninate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition precedent and close. 8.1 Rt>.presentations, The materia1 representations and warranties made by Sener in this Agreement shall be true and correct on the Closing Date subject to the 1 D-day extension provided in Paragraph 8 above. 8.2 SeHer's 0hlie;fltions. SelIer shall have performed alI covenants, agreements, and obligations and complied with aU conditions required by this Agreement to be performed or complied with by Sener prior to the Closing Date. 9.0 rlŒine;, The Closing shall occur at a mutually agreed time on or before sixty (60) days subsequent from the Option Agreement Acceptance Date and shall take place at 10:00 AM at the law offices of the City Attorney for the Buyer. 10.0 SeHer'g C-Jo81ng f)ocnments, At closing, Seller sha11 deliver the following documents ("SeHer's Closing Documents") to Buyer: 10.1 Warrnnty Dt-.erl the Warranty Deed shall be duly executed and S:\CA\Departmeuts\Comrounity Redev\CDC\Rev 051404 CDC - Lot 2 Purchase and SaJe Agreement.doc 5 acknowledged by Sener so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title, other than the Permitted Exceptions. 10.2 M~chanic's l.i~n Affirlavit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's Hen law, (b) no individua1, entity or Governmental Authority is ejther in possession of the Property or has a promissory interest or cJaim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 10.3 Gap Affirlavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. lOA FJRVf A. A FIRPT A Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Intema1 Revenue Code. 10.5 Form DR-219 as required for recording. 10.6 Fnrm 1 ()<)9-R. Such federal income tax reports respecting the sa1e of the . Property as are required by the Intema1 Revenue Code. 10.7 PnhJic J)jsdmnre Affidavit. An Affidavit m accordance with the provisions of Section 286.23 Florida Statutes, ("Public DiscJosure Act"). 11.0 Rnyers r.Insing Docnments. At dosing, Buyer sha1l deliver the following documents (Buyer's Closing Documents) to SeHer; 11.1 rity rommission Approva1. A certified copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City Commissioner showing that Buyer has been authorized to enter into and execute this Agreement and consummate the transaction herein contemplated. 11.2. rInsing Statement. A Closing Statement mutually acceptable to both Buyer and SeHer. 12.0 r.lnsing Proc~dnre. The Closing shall proceed in the fonowing manner: 12.1 Tr~nsfer of Funrls. Buyer shall pay the Purchase Price to the Seller by S:\CA\Departments\Community Redcv\CDC\Rev 051404 CDC - Lot 2 Purcbase and Sale Ag¡umenLdoc 6 ,-. _ _~.~._^~,,_,,*"__",,_..............._A -~-.- . r_w~~'_' _'~~,.__..____~~_ _ < _ .____,.__'_ _0" «"_.. u . - --.-~--._-,_.->.-....._~--~,~--_._'-""..... wire transfer to the account of the SeHer. 12.2 Delivery of Docllments. SeHer shan deliver Sener's Closing Documents to the Buyer and Buyer shan then be obligated to transfer the sale proceeds to the SeHer. 13.0 Closing Costs, Taxes, Prorations and Impact Fees. 13.1 Ad Valorem Taxes. If applicable, Sener shan comply with Section 196.295, FJorida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. Buyer shall take no action prior to dosing to impair or adversely affect the City's zoning dassification of the Property for ad valorem tax purposes. 13.2 Huyer's Closin~ Costs. Buyer shall pay for the following items prior to or at the time of Closing: Lien searches, and cost for a title search/data; documentary stamps on the Deed; Recording of Deed; owner's title insurance premium; survey costs, and related expenses. 14.0 Possession. Buyer shall be granted full possession of the Property at Closing. 15.0 Conrlemnat;on. In the event of the institution of any proceedings by any Governmental Authority, other than the City of Boynton Beach, which sha11 relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer sha11 thereafter within fifteen (IS) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon SeHer and Buyer shall be released of a1l further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreeinen~ the parties hereto sha11 be released from their respective obligations and liabiJities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to C10sing and SeUer sha11 assign all of its right, title and interest in a11 awards in connection with such taking to Buyer. 16.0 Notice. Notices sha11 be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile ttansfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confinnation of transmission. Either party may change the address for notice S:\CA\DepaJtmeDIs\Comrounity Redev\CDC\Rev 05]404 CDC - UJt 2 Purchase and Sale Agreement.doc 7 to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the nonnal course of business. BUYER: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 With a copy to: James A. Cherof, City Attorney Goren, Chernf, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderda1e, FL 33308 SEUER: Benjie Sperling P.O. Box 7058 Hollywood, FL 33081 With a copy to: Steven L. Jones, Esq. 9999 N.E. 20d Avenue, Suite 216 Miami Shores, FL 33138 17.0 A~~iV1ment. The Agreement shall not be assignable by either party. 18.0 Default. H the Buyer sha11 fail or refuse to consummate the transaction in accordance with the tenns and provisions of this Agreement, aU monies on deposit and interest earned on the deposit shall" be forfeited to Seller as agreed upon liquidated damages, and Buyer shaU have no other responsibility or liability of any kind to SelJer by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall inc1ude the return of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific perfonnance. The Buyer should be entitled to equitable relief to enforce the tenns and conditions of this agreement either through a· decree for specific performance or injunctive relief. 19.0 Miscf':JI;mf"-Ons. 19.1 ronntf':rparts. This Agreement may be executed in any number of counterparts, anyone and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. S:\CA\Depanments\Community Rcdev\CIx::\Rev 051404 CDC - Lot 2 Purchase and Sale Agreemcot.doc 8 _ ____ _~_"""k_""""-_~'~___~' ._ ,-.- .--.........__..~..c_~"'_..-r>___ _~~ .-_-"__ _=--__,___ .-,'--- ._è'.,____<_ _,----'_=< ~_ ~__~. -_ _ "__~. 19.2 Amendment. No modification or amendment of this Agreement shaH be of any force or effect unless in writing executed by both SeJJer and Buyer. 19.3 Attomey~' Fee~. In the event of any litigation arising out of this Agreement, parties agree to bear their own attorneys fees and costs. 19.4 fìovemine T .aw. This Agreement shall be interpreted in accordance with the Jaws of the State of Florida, and venue for any action shan be fi]ed in the appropriate court located in Palm Beach County, Florida. 19.5 Entire Av-eement. This Agreement set forth the entire agreement between SeHer and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Computation of Date~. If any date computed in the manner herein set forth fans on a legal holiday or non-business day or non-banking day, then such date shan be extended tot he first business day following said legal holiday or non-business day or non-banking day. 19.7 Time is of the Essence. Time is of the essence and failure of the Buyer to exercise the option granted hereby on or before the Option Acceptance Date shaU cause this Agreement to tenninate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 19.8 No Recordine. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 19.9 No Rrokers. Seller and Buyer each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required tQ pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. SeUer and Buyer each indemnify and hold each other harmless from and against any and aU losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 19.10 Ac.ceptance of Deed. The acceptance of the Deed by Buyer shall be deemed fun perfonnance and discharge of every agreement and obligation on the part of SeHer to be penOImed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.11 Interpretation. Should any tenn or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the S:\CA\DepartmenIS\Community Redev\CDC\Rev 051404 CDC - Lot 2 Purcbase and Sale Agreement-doc 9 same shaH not apply a presumption that the tenn or provision shaU be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the tenns and provisions of this Agreement and that an tenns and provisions have been negotiated. 19.12 raptions, H~adines, Etc Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shaH have no effect upon the meaning of any of the tenns or provision herein. 19.13 WHiver. Failure of either party to insist upon compliance with any tenn or provision hereof shaH not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any lenn or provision of this Agreement shall only be appJicable to the specífic tenn or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other tenn or provision. 19.14 No Third Party Ren~fic.iary. The tenns and provisions of this Agreement are for the exclusive benefit of SeHer and Buyer, and not for the benefit of any third party, and this Agreement shall be deemed to have conferred any rights, express or implied, upon any third party. 19.15 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from your county health unit. 19.6 Ri~t of Entry Seller hereby grants to Buyer the right to enter upon the Property during the term of this Agreement to inspect, investigate and conduct tests and environmental audits on the Property and take whatever action Buyer deems necessary or desirable to determine the Property's suitabiJity for Buyer's intended use. Buyer shall restore the Property to the condition existing prior to Buyer conducting any tests on the Property pursuant to this Paragraph. Buyer shall, to the extent permitted by law, hold SeUer hannIess for any damage resulting from the failure of Buyer or the agents, contractors, employees and representatives of Buyer to exercise reasonable care in the conduct of such tests, inspections or examinations or, in the alternative, provide to SeHer a Certificate of msurance reflecting that the Buyer shan insure Seller to protect it from any liability arising from the testing and investigation of the Property. Buyer agrees to give Seller reasonable telephone notice and an opportunity to accompany Buyer or its agents when conducting reviews, inspections, or tests, as wen as the contents of any documents or studies conducted by SeHer and provided to Buyer pursuant to this Agreement, except as may be necessary in order to effectuate the closing of this transaction or upon lawful order of a governmental authority. Buyer agrees to provide, if requested, to SeHer copies of all inspection reports, studies and test results. Any and all costs associated with the reproduction of these reports, S:\CA\Departmeots\Conununity Redev\CDC\Rev 05]404 CDC - Lot 2 Purcbase and SàJe Agm:menldoc 10 ,--<~-_....-~~~"---~~--"'-'-""'---' ,-'.... - ~ _. ___«_r_,_ .~____r. ____ ~ studies and test results shan be borne by Seller. Buyer shall timeJy pay for and hold SeHer harmless from liability for all tests, services, inspections, audits and examinations perfonned on Buyer's behalf under this Paragraph so that the Property does not become subject to any Hens. Buyer has no authority or right to create liens upon the Property. If such a lien occurs, Buyer shaH remove same by a statutorily pennitted bond or otherwise within five (5) days of Notice from Seller. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. SEI J .FR WITNESSES: ~. a." 5~ ~~ 0J.u~ ~I..t:<:- Date Executed: ,5- ;).ç-o'{ (Pri e)~ G I~/)/l /L ft1~ . (Print Name) BUYER: CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORP. ATTEST: BY: Kurt Bressner, City Manager City Clerk Date Executed S:\CA\Departments\Community Redev\CDC\Rev 051404 CDC . Lot 2 Purchase and Sale Agreement.doc 11 EXIDBIT "A tt I ,F.~A 1. DESCRIPTION ROUlNG GREEN RIDGE 1 ST ADDmON, Lot 2, Block 27 (Less NL Y 27 ft for 1-95 RIW) PCN: 08-43-45-16-01-027-0020 . S:\CA\DepaJtJnenIS\Community Redev\CDC\Rev 051404 CDC - LoI2 Pun:hase and Sate AgreemeDt.doc 12 __~ ~A ____'-_ ,__~, -'0'->_ _ ~._ > -__'. _~_, _. __ _'"n_" -'<-__ c· _ ..'- ~~-_.--.--_.~ Paln1 Beach County Property Appraiser Property Search System -'"'~...... " "- ~:. - Gary R. NikoJits) CFA Palm Beach County Property Appraiser Public Access System Property Information ---- location Address: NW 22ND AVE ~~OWM~ Municipality: CITY OF BOYNTON BEACH Parcel Control Number: 08-43-45-16-01-027-0020 Subdivision: ROLLING GREEN RIDGE 1 ST ADD IN PB 24 PGS Official Records Book: 14695 Page: 1860 Sale Date: Jan-2003 liD . t' ROLLING GREEN RIDGE 1 ST ADD LOT 2 BLK 27 (LESS NL Y ~~7 FT FOR ega escnp Ion: 1-95 R/W Owner Information Name: SPERLING BENJIE Mailing Address: PO BOX 7058 HOLLYWOOD FL 33081 2003 Certified Appraisal Improvement Value: $0 Number of Units: L~ral··1 land Value: $12,000 * Total Sq. Ft: 0 I Èxtra... I Market Value: $12.000 Acres: .00 [ (:,,1d.. I Use Code: 8900 Description: MUNICIPAL · in residential properties may indicate living area. 2003 Certified Tax Ad Valorem: $286.79 _ þ-au C81QiJ.t.ó~ Non ad valorem: $0.00 Total: $286.79 I ...1i...1 2003 Certified Assessed & Taxable Values Assessed Value: $12,000 Exemption amount: $0 (2003 Exemption) Taxable: $12,000 Exemption Information Unavailable. Sales Information Sales Date Book Page Prjçe 1l1ßtrument Qw!'1@.r: Jan-2003 14695 1860 $2,030 TO SPERLING BENJIE Jul-1995 08865 0087 $100 ac Nov-1986 05086 0421 $5.000 ac Mar-1983 04074 1907 $5,000 WD - ---------------1 Print Information I Ho~ack '- I Search I I Search Resu" , ~.... " ... pfeast;Lse1!..d US yºur feedback Copyright C 2002 by Palm Beach County Property Appraiser :p://www .CO. palm-beach.fl.us/papalmainldetaiCinfo.asp?p _enti ty=084345160 1 0270020 6/412004 Page 1 of 1 - Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System -''Ie;1(1f~. ldentif'l /1 Lavers / r{arcel Control Number I ~"'"jA T EViA,.. ß!_ Vú 108434516010270020 II!} I (eo. 74434322120080010) ~St""lnlen;eCUon land I III ------ U By City I ~---- - Choose a Municipality - . ---...-...,.,-- m Township, Section I .------ R 35. T Oils [II j r ~ H10 li'IUO Ð3oIM) fIiÐ4D 0350 1I\I.soI) Legend Palm Beach County Property Map c=J Partel BOU1dary Map Scale 1 :669 I 1120 I Lot mJfIt)eI" Copyright Palm Beach County 2003 An Rights ResefYed - Subjea 10 a Ucense AgreemenL Map produced on 61412004 from PAPA p:/lgisweb.co.palm-beach.fl. uslpapagislpresentationlmapping/printnew . asp ?MAPURL=http:// gisweb.co.... 6/4 '-~'-""""""----~""""""-~----'- >._ __d __~__,~_ '0_-"_ _, , XIII-UNFINISHED BUSINESS ITEM A. - CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.)July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 [g October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 [] September 21, 2004 (Noon) September 7,2004 D November 16,2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids [g Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Review request of residents to adopt resolution acknowledging dedicated public access to the Intracoastal Waterway to Lakeside Gardens Community. EXPLANATION: Following the City Commission's action of September 21, 2004 to deny an applicant's request to vacate of two walkways in the Lakeside Gardens Community, the residents of this area have requested that the City Çommission consider the attached resolution as a policy affinnation. ç~ r:~) .~-) -i - ::::;-< PROGRAM IMPACT: None 0 ---(0 n ;"") -~ -1 FISCAL IMP ACT: None ---- GJ - :"0 U1 '-"-< AL TERN A TIVES: Do not adopt the resolution. -~-? -0 .- r' -i -A~ --'- ""0 -::Jz W -., -¡¡CD - -,T"J ~,> Department Head's Signature c..0 ;'1~ Ity anager s gnature :J: Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 0 I I 1 2 3 4 I 5 I 6 7 RESOLUTION NO. 04- I 8 9 A RESOLUTION OF THE CITY OF BOYNTON I 10 BEACH, FLORIDA, ACKNOWLEDING THE I 11 DEDICATED PUBLIC ACCESS TO THE 12 INTRACOASTAL WATERWAY AND 13 CONFIRMING CONTINUED PUBLIC O\VNERSHIP 14 OF PROPERTY LYING IN SECTION 15, 15 TOWNSHIP 45, SOUTH, RANGE 43 EAST, AND 16 DESCRIBED AS THE 4.2 NORTH AND SOUTH 17 W ALKW A YS AS PLATTED IN PLAT BOOK 8, 18 PAGE 57, OF THE PUBLIC RECORDS OF PALM 19 BEACH COUNTY, FLORIDA; AND PROVIDING 20 AN EFFECTIVE DATE. 21 22 \VHEREAS, the City Commission of the City of Boynton Beach considered a 23 request for vacation/abandonment of the lands (walkways) described in Exhibit "A" 24 attached hereto; and 25 WHEREAS, the residents of the Lakeside Gardens Community have 26 demonstrated that the lands (walkways) described in Exhibit "A" and Exhibit "B" have 27 been utilized for their intended purpose as access to the Intracoastal Waterway; and 28 \VHEREAS, the residents of the Lakeside Gardens Community have 29 demonstrated that the lands (walkways) described in Exhibit "A" and Exhibit "B" have 30 been maintained by the residents of the Lakeside Gardens Community; and 31 \VHEREAS, the City Commission of the City of Boynton Bach denied the 32 request for vacation/abandonment of the publicly owned lands (walkways) and has 33 detennined a public need is served and has validated the public access to the Intracoastal 34 Waterway. S:\CA\RESO\Supporting Lakeside Gardens walkway. doc · ¡ 1 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 3 Section 1. Each Whereas clause set forth above is hereby ratified as being true 4 and correct and incorporated herein by this reference. 5 Section 2. The City Commission of the City of Boynton Beach acknowledges 6 the continued public use of the property in Exhibit "A" for access to the Intracoastal 7 Waterway. 8 Section 3. The City Commission of the City of Boynton Beach confirms the 9 public ownership of the property described in Exhibit "A". 10 Section 4. The City Clerk shall forward a copy of this Resolution to the Clerk 11 of Courts for recording in the public records for Palm Beach County. 12 Section 5. This Resolution shall take effect immediately upon passage. 13 PASSED AND ADOPTED this _day of , 2004. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 Commissioner 31 ATTEST: 32 33 34 City Clerk 35 S:\CA\RESO\Supporting Lakeside Gardens walkway.doc . I t In. -100.0 feet - R-3 . .. .'. . ,- . _ An . . :-3 R 1- ~ ( . -. - - - . -. ~. -.. .- ... ..... . ...- LAKE DRIVE NORTH LOCATION MAP EXHIBIT -A- tile 118~ 683..4 It. of tbë -.th 9ia~. ;r;;, both Öovt. Lot :¡ III . - ~ (!,l.' . SK. II and tIÜIt.part of the s.~~ of the Ñ.W~ of S6cUù . ., ~.~ east fJÍ the Dixie HICJIWa1. ."In ~46·Sout~ . R..ø B.. P8lm 8ddI Co1Ø1t1. F~_. . . . 1999 Seaboard ~. AssJ:1., $oate I 60 It. to the I~. - P. R. Bo~ø~ (bfet Bn-. .r . K'''-D.Purd)' . ...... Þ'" £- . L .~. sÜj;" c. tlaJl ~- ..- ..~a~ Cert. '31- .$ ake OWtiers1k DevelopeTs ,... "- . . . . _ '. 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A V LAKESIDE GARD1'1¥?¥,F~W¥¡~7FP (] :10\14 \ 0"1 . ,'I L='J ,-- ~ '- IJ JC-, "\ c- v: '--" -' ------';: 0,~ r,', :u ~' t~l ~., r J ~~\~' TO: City Manager U u~ 4 2004 u Mayor C' Pé-J (.I:; Commissioners FROM: Michael A. Mrotek - Representative for the Homeowners I¿)- 4,0 f ~ Of Lakeside Gardens Community RE: RESOLUTION REGARDING ABAN 04-003 WHICH WAS DENIED AT THE SEPTEMBER 21,2004 COMMISSION MEETING DATE: OCTOBER 1, 2004 Dear City Manager, Mayor, and Commissioners. We, the people who in reside in Lakeside Gardens hereby request that you place the attached Resolution on the City Commission Agenda for the next meeting scheduled October 4, 2004 to have an official record in the Minutes that the aforementioned was denied and is now confmned as a standing status quo of the 4.2 ft. North and South walkways, providing public's continued use of the waJkways in our community to Lake Worth. Thank you very much for all of your input, votes and ratifying your decision in this matter. RECEIVED OCT - 1 2004 CITY MANAGER'S OFFICE H\lo~ .\1-P \ o/acltH