Agenda 09-22-15
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, September 22, 2015 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes from August 25, 2015 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
Lake Worth Christian School (MSPM 15-006 / COUS 15-004)
A. – Approve request for
Conditional Use / Major Site Plan Modification for additions of a 13,087 square foot
Elementary School / Early Childhood Development Center building, a 13,001 square
foot General Use building, and a 6,000 square foot Athletic / Locker Room building to
the existing Lake Worth Christian School campus, located at 7592 High Ridge Road
within the R1-AA (Single-Family Residential) zoning district. Applicant: Dustin Mizell,
Dustin Mizell Landscape Architecture.
MLK South Land Use Amendment & Rezoning (LUAR 15-001)
B. – Approve MLK
South Future Land Use Map amendment from Local Retail Commercial (LRC) and
Medium Density Residential (MeDR) to Mixed Use (MX), and rezoning from C-2
(Neighborhood Commercial) and R-2 (Single and Two-Family Residential), to MU-L2
(Mixed Use Low Intensity 2). Applicant: Vivian Brooks, Community Redevelopment
Agency.
Ocean Breeze East Land Use Amendment & Rezoning (LUAR 15-003)
C. – Approve
Ocean Breeze East Future Land Use Map amendment from High Density Residential
(HDR) to Mixed Use (MX) and rezoning from R-3 (Multi-Family Residential) to MU-L2
(Mixed Use-Low Intensity 2). Applicant: Vivian Brooks, Community Redevelopment
Agency.
Gas Station Regulations (CDRV 15-003)
D. – Approve amendments to the Land
Development Regulations (LDR), Part 3, Zoning, Article IV. Use Regulations, Section
D,Use Matrix & Notes that support continued operation of existing gas stations in
desirable locations within the City by, in part, changing the permitted and conditional
use status for Gasoline Stations within the C-2, C-3, C-4 and PCD Zoning Districts, and
the addition of Gasoline Stations as an allowable use within the Planned Industrial
Development (PID) Zoning District. Applicant: City initiated.
7. Other
8. Comments by members
9. Adjournment
Planning and Development Board Meeting Agenda Page 2
September 22, 2015
The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is
established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so
note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate
further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE 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 THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
(SGYQIRX
NEW BUSINESS
6.A.
Lake Worth Christian School
(MSPM 15-006/COUS 15-004)
Major Site Plan Modification
& Conditional Use
Staff Report – LW Christian School
MSPM 15-006 / COUS 15-004
Page 2
East:Right-of-way of CSX Railroad and Interstate 95; and
West:Right-of-way of High Ridge Road, then farther west Single-Family homes in
Unincorporated Palm Beach County.
PROPOSAL
Dustin Mizell of Dustin Mizell Landscape Architecture, agent for Lake Worth Christian School Society,
Inc., property owner, is seeking Major Site Plan Modification / Conditional Use approval for the expansion
of school facilities through the addition of a 13,087 square foot Elementary School / Early Childhood
Development Center building, a 13,001 square foot General Use building, and an approximately 6,000
square foot Athletic / Locker Room building. Primary and Secondary Schools require conditional use
approval if located in a residential zoning district, per Chapter 3, Article IV, Section 3.D. (Use Matrix) of
the Land Development Regulations (LDR). Additionally, Note #33 of the Use Matrix requires schools be
located along an arterial or collector roadway, and High Ridge Road is classified as a collector roadway in
the City’s Comprehensive Plan. A conditional use is defined in the LDR as a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district, but only with conditions as
necessary to make the use compatible with other uses permitted in the same zoning or vicinity.
BACKGROUND
The school currently serves kindergarten through high school students and contains a 13,952 square foot
high school building, 6,500 square foot middle school building, a 10,797 square foot elementary school
building, a 15,160 square foot gymnasium, as well as outdoor facilities. In 2006, the school received
approval to construct a baseball field, softball field, a multi-purpose/soccer field, restrooms and
maintenance building associated with the fields, along with additional parking on the east side of the
property, to accommodate the athletic fields and contemplated future school buildings. In 2007, the
School received approval to add a 19,555 square foot Early Childhood Development Center / Elementary
School building, a 15,000 square foot General Use building and a 6,000 square foot Athletic / Locker
Room building. The School received three (3) Site Plan Time Extensions while attempting to raise enough
money to construct the building improvements approved in 2007. The approvals expired at the beginning
of 2015, and school administration has revisited the project, slightly reduced some components, and now
plans to construct the improvements as a phased project, beginning with the new classroom space.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Chapter 3, Article IV, Section 4 of the Land Development Regulations contains the following standards to
which conditional uses are required to conform. The applicant has submitted a Justification Statement that
addresses each of the conditional use standards (see Exhibit “C” – Justification Statement). Following
each of these standards below is the Planning and Zoning Division’s evaluation of the application as it
pertains to the conditional use standards.
Per the LDR, the Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith,
may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria
Staff Report – LW Christian School
MSPM 15-006 / COUS 15-004
Page 3
below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring
compliance, public purpose, and compatibility. 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.
The survey and site plan drawings shows two (2) existing driveway openings to the subject property,
both located on High Ridge Road, consisting of one-way pairs providing ingress and egress. No
openings would be altered as a result of this site plan modification, and no new driveways are
proposed. These drives provide access completely around the existing and proposed buildings, for
ease of waste removal, provision of emergency service, and student delivery and pickup. The site
plan depicts the provision of a new pedestrian access walk from the sidewalk along High Ridge Road,
connecting to the westernmost school building for added student safety.
The applicant submitted an updated traffic impact study to Palm Beach County Traffic Engineering for
their review. The County determined that the proposed project meets the County’s Traffic
Performance Standards. The study indicates the building additions to the school and increase in
enrollment by up to 163 additional students would add 132 AM Peak Hour trips and 28 new PM Peak
Hour trips to High Ridge Road. Although the County indicates that the project meets the County’s
Traffic Performance Standards, and that the study’s intersection analysis show that the driveway
would operate acceptably, they suggest the City require the applicant to build a north approach left
turn lane into the school entrance drive. As a result, staff has added three (3) conditions of approval
addressing this issue, which essentially require the applicant to post a surety with the City prior to
issuance of a building permit to cover 1) the cost of an updated traffic analysis upon the school
reaching peak attendance of 615 students or upon deficiencies/impacts noted by the City Engineer,
and 2) the cost associated with the design, permitting and construction of a north approach left turn
lane. If warranted by the traffic analysis or based upon observed deficiencies by the City Engineer, the
improvements covered by the surety will be required to be constructed within 180 days of approval of
the construction plans and permits by Palm Beach County (see “Exhibit D” – 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 addition of the Elementary School / Early Childhood Development Center building will require 33
parking spaces, while the General Use building and Athletic / Locker Room building do not require
additional parking spaces as they are accessory buildings and do not increase student population.
The 33 additional parking spaces, when added to the parking required for the existing classroom
buildings, bring the total required parking spaces to 133 parking spaces, and the site plan depicts the
addition of one (1) new handicap parking space to the parking lot, for a total of 190 provided parking
spaces, or an excess of 67 parking spaces over the code requirement. The added handicap parking
space increases the total provided handicap parking spaces to (ten) 10, three (3) more than the
required seven (7) spaces. No additional light poles are proposed, as the previous parking lot addition
provided all the necessary lighting fixtures and addressed lighting levels and glare.
3.
Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
Staff Report – LW Christian School
MSPM 15-006 / COUS 15-004
Page 4
An additional dumpster enclosure is proposed to be located adjacent to the existing dumpster, near
the northeast corner of the parking lot and is situated in such a way to facilitate efficient removal of
trash, while being adequately screened from adjacent property by an existing six (6) foot tall hedge.
4.
Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer, are available to the site.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The landscape plan (sheets LA-1 & LA-2) depicts all of the perimeter landscaping in place, consisting
mainly of Live Oak, Silver Buttonwood and Gumbo Limbo trees, along with Sabal Palm trees, and six
(6) and eight (8) foot tall Spanish Stopper hedge material. Landscaping will be added around the
foundation of the new structures, consisting of Green Buttonwood trees, Royal, Sabal and Christmas
palm trees, as well as Cocoplum, Wax Jasmine and Clusia shrubs. The existing and proposed
landscaping should adequately screen and buffer the property.
Relative to the public art requirement, the applicant has held several discussions with Debby Cole-
Dobay, Public Arts Administrator, to discuss potential ideas and location. The Arts Commission,
subsequent to approval of this development application, will conduct the review and approval of the
actual art and location.
6.Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
No new lighting or signage is proposed with this project, other than accent lighting on the buildings.
The existing approved lighting plan was designed to meet all applicable code requirements with no
spill over, glare or lighting onto adjacent properties.
7.Required setbacks and other open spaces.
The proposed Phase I building (Elementary School / Early Childhood Development Center) would
meet all setback requirements of the R-1-AA zoning district, with the building being setback 50 feet
from the south property line abutting Cedar Ridge Estates, and 170 feet from the north property line
abutting a single family residence located in unincorporated Palm Beach County. In Phase II, the
proposed General Use Building would be set back 92 feet from the north property line abutting a
single family residence located in unincorporated Palm Beach County. The Athletic/Locker Room
Building would be set back approximately 30 feet from Cedar Ridge Estates and 210 feet from the
north property line abutting a single family residence located in unincorporated Palm Beach County.
All proposed setbacks exceed the requirements of the R-1-AA zoning district. According to the Site
Data listed on the Site Plan (Sheet SP-2), the total proposed pervious area of the site is 68.59%. This
area consists mostly of the athletic fields, open areas, landscape buffers and areas around the
buildings.
8.General compatibility with adjacent properties, and other property in the zoning district.
In general, the long-standing use of this site as a school is compatible with the residential uses that
surround it. Schools are a conditional use in residential zoning districts, like in this case, R-1-AA
Single-Family. Other than peak drop-off and pick-up hours for traffic, very few vehicular trips occur
during the course of the day, other than for special events after school hours.
Staff Report – LW Christian School
MSPM 15-006 / COUS 15-004
Page 5
The building colors for the proposed buildings are compatible with the surrounding built environment.
The body of the building is proposed to be painted an off-white color: “Dover White” (SW 6385). The
trim is proposed as a white: “Pure White” (SW 7005), and the accent color is depicted as a cream
color: “Jersey Cream” (SW 6379). Lastly, the roof of the Elementary School / Early Childhood
Development Center building is proposed as asphalt shingle to match the adjacent school structures.
As noted earlier, the building setbacks exceed those required within the zoning district, with three (3)
levels of landscape; at the perimeter buffer, in the parking areas and against the building.
9.Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The maximum allowable height for the R-1-AA zoning district is 30 feet. The Elementary School /
Early Childhood Development Center building is designed as a one-story structure, with the top of the
hip roof at 21 feet – 6 inches in height. The proposed height of the General Use building is 30 feet – 0
inches to the roof deck, with a parapet height of 4 feet. As noted, the maximum allowable height for
the R-1-AA zoning district is 30 feet, measured at the roof deck on flat roofs, as long as the height of
the parapet is no more than 5 feet above the deck. The building as designed would meet the code
requirements. The proposed Athletic / Locker Room building is designed as a one-story building, with
a small segment designed as two-story. The proposed height of the two-story component is designed
at 24 feet – 10 inches to the top of the hip roof.
The tallest of the buildings, the General Use building, is located approximately 130 feet from the south
property line and has a one-story building intervening. The building is also located 92 feet from the
north property line. There is an existing six (6) foot tall hedge along the property lines separating the
homes from the school property, as well as existing trees within the 18 and 24 foot wide landscape
buffers along the south and north property lines respectively (see photos of buffer as part of
Landscape Plan LA-1). The building heights, setbacks and buffering appear compatible and in
harmony with surrounding properties.
10.Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed addition to the school should have little economic impact on surrounding properties or
the City as a whole, but would provide additional elementary school classrooms to this area and the
City for those choosing the private school alternative.
11.Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use
zoning district or redevelopment plan.
The property is not located within a Mixed Use zoning district or a redevelopment plan. With
incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12.Compliance with and abatement of nuisances and hazards in accordance with the operational
performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development
Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15,
Section 15-8.
With incorporation of all conditions and staff recommendations contained herein, the school would
operate in a manner that is in compliance with the above-referenced codes and ordinances of the City
of Boynton Beach.
Staff Report – LW Christian School
MSPM 15-006 / COUS 15-004
Page 6
13.Required sound study and analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis performed by a certified acoustic engineer.
This is not applicable to the subject request.
RECOMMENDATION
Based on the details contained in the above evaluation and analysis, and compliance with all applicable
development regulations, staff recommends APPROVAL of this request, subject to conditions contained
within Exhibit “D” – Conditions of Approval. The expiration of the conditional use shall be 18 months,
unless applicable building permits are issued or an extension request is filed prior to the expiration.
S:\Planning\SHARED\WP\PROJECTS\Lake Woth Chritian School\MSPM 15-006/COUS 15-004\Staff Report.doc
Exhibit A
Lake Worth Christian School Location Map
¯
050100200300400
Feet
Figure 12
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Lake Worth Christian School
File number: MSPM 15-006/COUS 15-004
nd
Reference: 2review plans identified as a Major Site Plan Modification with an August 11, 2015
Planning and Zoning Department date stamp marking.
DEPARTMENTSINCLUDEREJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Prior to issuance of a building permit for building construction, a
surety in a format acceptable to the City will be required to be
posted to cover the cost of the following:
An updated traffic study analyzing the impacts of the
additional school traffic along High Ridge Road adjacent to the
school property.
Design, permitting, and construction costs of a north approach
left turn lane on High Ridge Road at the southern driveway
(which is an entrance only) and any additional improvements
as required to construct the turn lane per Palm Beach County
Engineering Division. The turn lane shall be constructed to
provide the required storage length per Palm Beach County
Engineering Division standards.
The amount of the surety will be 110% of the engineer of record’s
estimate of the cost for the aforementioned items.
2. Traffic will be re-analyzed during the next peak occupancy of
seasonal residents for the surrounding areas after the school
reaches maximum attendance of 615 students or upon
deficiencies noted by the City Engineer, whichever occurs first.
In particular thetraffic study should focus on the need to provide
the following:
A north approach left turn lane on High Ridge Road at the
southern driveway (which is an entrance only). The turn lane
shall be constructed to provide the required storage length per
Palm Beach County Engineering Division standards.
If upon acceptance of the traffic study by the City, the
improvements are not warranted and deemed unnecessary by the
City Engineer; either the surety will be released or the amount of
the surety will be reduced by the amount of the non-
warranted/unnecessary items.
Lake Worth Christian School (MSPM 15-006/COUS 15-004)
Conditions of Approval
Page 2 of 3
DEPARTMENTSINCLUDEREJECT
3. If warranted by the traffic study or based on observed deficiencies
by the City Engineer, the following improvements will be deemed
necessary to rectify the deficiencies, and shall be constructed
within 180 days, following approval of plans and permits by the
City and Palm Beach County.
A north approach left turn lane on High Ridge Road at the
southern driveway (which is an entrance only) and any
additional improvements as required to construct the turn lane
per Palm Beach County Engineering Division. The turn lane
shall be constructed to provide the required storage length per
Palm Beach County Engineering Division standards.
FIRE
Comments: None, all previous comments addressed or will be
addressed during permitting.
POLICE
Comments: None, all previous comments addressed or will be addressed
during permitting.
BUILDING DIVISION
Comments:
4. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
5. Pursuant to approval by the City Commission and all other outside
agencies, 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.
PARKS AND RECREATION
Comments: None
Lake Worth Christian School (MSPM 15-006/COUS 15-004)
Conditions of Approval
Page 3 of 3
DEPARTMENTSINCLUDEREJECT
PLANNING AND ZONING
Comments:
6. It is the applicant’s responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City
Clerk.
7. At time of permit submittal, please revise the site plan, landscape
plan and all other appropriate plans to depict location of required
public art.
8. Applicants who wish to utilize City electronic media equipment for
recommended PowerPoint presentations at the public hearings must
notify the project manager in Planning and Zoning and submit a CD
of the presentation at least one week prior to the scheduled
meetings.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006/COUS 15-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lake Worth Christian School (MSPM 15-006 / COUS 15-004)
APPLICANT: Dustin Mizell, Dustin Mizell Landscape Architecture
APPLICANT’S ADDRESS: 968 Julia Heights Drive, Lantana, FL 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2015
APPROVAL SOUGHT: Conditional Use / Major Site Plan Modification approval of additions of a
13,087 square foot Elementary School / Early Childhood Development Center
building, a 13,001 square foot General Use building, and a 6,000 square foot
Athletic / Locker Room building to the existing Lake Worth Christian School
campus, located at 7592 High Ridge Road, and zoned R1-AA (Single-Family
Residential).
LOCATION OF PROPERTY: 7592 High Ridge Road
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Lake Worth Christian School\MSPM 15-006 COUS 15-004\DO.doc
NEW BUSINESS
6.B.
MLK South
(LUAR 15-001)
Land Use Amendment and
Rezoning
Page 2
MLK South
LUAR 15-001
Adjacent Uses:
North: Right-of-way for Martin Luther King, Jr. Boulevard, and farther
north, six vacant parcels classified Local Retail Commercial (LRC)
and Medium Density Residential (MeDR) and zoned C-2
(Neighborhood Commercial District) and R-2 (Single-and Two-
Family Residential District);
th
South:Right-of-way for NE 9 Avenue, and farther south, a developed
property of the Saint John’s Missionary Baptist church, classified
Public and Private Governmental/Institutional and zoned R-2
(Single-and Two-Family Residential District); at the south-east,
st
right-of-way for NE 1 Street and the City’s Public Works facility,
classified Public and Private Governmental/ Institutional and
zoned PU (Public Usage);
East: Northeast, rental triplex, then St. Cuthbert Episcopal Church and,
further east, a developed 10-unit rental property and a duplex;
southeast, a duplex, then a vacant property, and further southeast
developed single-family homes. All the above properties classified
Medium Density Residential (MeDR) and zoned R-2 (Single-and
Two-Family Residential District);
West: Commercial property (Family Dollar store under construction),
classified Local Retail Commercial (LRC) and zoned C-2
(Neighborhood Commercial District); farther west, right-of-way for
North Seacrest Boulevard.
BACKGROUND
The area subject to the proposed Future Land Use Map amendment and rezoning
consists of seventeen (17) parcels, ten (10) of which are owned by the Boynton Beach
Community Redevelopment Agency (CRA). The remaining seven (7) parcels are
privately owned, five of which by a single entity. The goal of this land assembly,
undertaken by the CRA for a future project herein after referred to as MLK South, is to
implement recommendations of the 2014 update of the Heart of Boynton Community
Redevelopment Plan (the Plan).
The subject application has been initiated by the City staff at the request of the CRA. It
is one of the two concurrently processed City-initiated land use amendments/rezonings
supporting redevelopment projects in the Heart of Boynton Community Redevelopment
Area (the second application is for Ocean Breeze East). Amendments to the Land
Development Regulations, pertaining to City-initiated land use amendments/rezonings
such as represented by the subject request, are also currently under review by the City
2
Page 3
MLK South
LUAR 15-001
Commission (the amendments were approved by the City Commission on first reading
on September 3, 2015). The proposed regulatory changes promote proactive, city-
initiated application of future land use classification and zoning to selected sites if
recommended by redevelopment plans or other significant planning documents.
“Proactive” means that no developer as yet has come forward with a specific project;
however, it may be argued that developers will likely give priority to sites with a desired
zoning designation “on the ground”, since:
The current future land use and zoning designation may not be consistent with
the redevelopment plans or other plans documenting the City’s vision and may
deter a valuable potential applicant from pursuing his/her inquiry any further,
resulting in a loss of a project for the City, and
It better prepares properties that may be developed using Low Income Housing
Tax Credit (LIHTC) financing mechanism. The program, which provides nonprofit
and for-profit developers with a dollar-for-dollar reduction in federal tax liability in
exchange for the development of affordable rental housing, requires zoning to be
on the ground at the time of the application. In the past, this rule prevented some
potential redevelopment projects under consideration to proceed. A severe and
worsening shortage of affordable rental housing underscores the need to
address this problem.
ANALYSIS
The Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3
list criteria used to review Comprehensive Plan Map amendments and rezonings.
However, the subject land use amendment/rezoning is initiated by the City, at the
request of the CRA. In this case—pursuant to the recently approved amendments to the
Land Development Regulations—the following rules apply:
No master plan needs to be submitted concurrent with a planned district rezoning as
typically required; and
The only criterion that the subject request must meet is the “Consistency” criterion,
which reads:
“Consistency. Whether the proposed FLUM amendment and rezoning would be
consistent with the purpose and intent of, and promote, the applicable Comprehensive
Plan policies, redevelopment plans, and Land Development Regulations. Approvals of
requests to rezone to a planned zoning district may include limitations or requirements
imposed on the master plan in order to maintain such consistency.”
As corroborated in the analysis below, the subject request meets this criterion.
Consistency with redevelopment plans
3
Page 4
MLK South
LUAR 15-001
The 2014 Heart of Boynton Community Redevelopment Plan’s Proposed Land Use Map
shows Commercial/Multifamily use category on the east side of the North Seacrest
thth
Boulevard between NE 9 Avenue and NE 11 Avenue (see Exhibit “B”). It
encompasses the area subject to the proposed land use amendment and rezoning.
Note that, to allow flexibility within the specified residential density thresholds, the map’s
use categories do not correspond to specific future land use classifications as defined
by the City’s Comprehensive Plan. The Commercial/Multifamily category recommended
for the future MLK South project permits density up to 30 dwelling units per acre. Thus,
it promotes significant commercial nodes at the intersection of North Seacrest
Boulevard and Martin Luther King, Jr. Boulevard as well as residential development with
density high enough to support them. This recommended maximum density
corresponds to the maximum allowable density of the proposed Mixed Use Future Land
Use category under the MU-L2 zoning. (The existing Moderate Density Residential
Future Land Use classification has the maximum density of 10 units/acre while no
residential uses are permitted on the remaining part of the subject area, under Local
Retail Commercial with C-2 zoning).
The HOB Plan’s Commercial/Multifamily category recommended for this intersection
gives priority to commercial uses. The Plan also includes an “MLK Commercial Center”
on the southeast corner of the intersection as one of the six major redevelopment
opportunities in the Heart of Boynton. While the proposed Mixed Use land use
classification could result in a future MLK South project to be predominantly residential,
staff understands that the CRA, who controls most of the land, will ultimately support the
desirable master plan for the project. Moreover:
In September 2014 the City approved the Family Dollar site plan for the
southeast corner of North Seacrest Boulevard and Martin Luther King, Jr.
Boulevard, directly west of the future MLK South project. This project, which
involves an area slightly smaller than that of the Plan’s “MLK Commercial
Center,” is currently under construction.
The CRA land assembly efforts also target the northern section of the
recommended Commercial/Multifamily area, located between Martin Luther King,
th
Jr. Boulevard and NE 11 Avenue. Properties fronting on the north side of Martin
Luther King, Jr. Boulevard already carry the C-2 (Neighborhood Commercial)
zoning; roughly half of this area is at present under CRA ownership and is being
considered a potential site of a future neighborhood market, long desired by the
HOB community residents. To accommodate the market and potential other
commercial uses, commercial zoning can eventually be extended further north to
th
NE 11 Avenue.
The residential component of the future project would help to increase demand
for larger commercial developments, contributing to more substantial commercial
4
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MLK South
LUAR 15-001
nodes.
A comparison of Exibits A (the MLK South boundary) and B (the 2014 Plan’s Proposed
Land Use Map) shows that the MLK South’s boundary extends slightly past the
boundary of the recommended “Commercial/Multi-Family” area (with the maximumn
density of 30 units per acre) and into the area of “Multi-Family,” where the
recommended maximum density is a lower 20 units per acre and no commercial uses
are allowed. This difference will be addressed with the master plan for the future
development as needed.
Consistency with the Comprehensive Plan
Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan
directs the City to implement their recommendations, and, specifically, supports land
assembly to promote redevelopment in the CRA area:
Objective 1.7 The City shall eliminate blighted residential neighborhoods
and business districts through the adoption and
implementation of Community Redevelopment Plans within the
commercial and residential Community Redevelopment Area.
This includes areas east of I-95, notably in the Federal
Highway corridor, the Heart of Boynton and Boynton Beach
Boulevard areas, and the Ocean District.
Policy 1.7.1 The City shall consider the recommendations of adopted
Community Redevelopment Plans and design guidelines when
reviewing all requests for land use amendments and rezonings for
property within the Community Redevelopment areas.
Policy 1.7.2 The City shall encourage land assembly to promote large-scale
redevelopment and infill projects.
Please also note that even though the Comprehensive Plan policies include
requirements pertaining to ratio of residential to non-residential uses for mixed use land
use classifications, they are not applicable to each specific project. Per Policy 1.3.1. d:
Land use types shall be permitted according to the following ranges, expressed as a
percentage of the total area in this plan designation. The percentages shall be applied
on an areawide basis but shall not be interpreted to require each development to have a
mixture of uses.
Ranges of Allowable Percentages of Land Use Within the Area:
Residential 70%-90%
Non-residential 10%-30%
5
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MLK South
LUAR 15-001
The cumulative development in these areas shall be monitored to ensure that the
proportional mix of uses is achieved by the year 2025.
Staff will continue to monitor the cumulative percentage of these uses as developments
occur.
Master Plan/ Site Plan for the future project
A master plan/site plan ultimately to be submitted for the future project must meet
development standards of the LDR, namely Chapter 3, Article III., Section 1.E., Table 3-
4, Mixed Use Urban Building and Site Regulations.
The CRA has been actively marketing this property and will provide information on the
status of its efforts during the presentation at the public hearings.
CONCLUSION/RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning
and determined that they are consistent with the policies of the Comprehensive Plan
and implement recommendations of the Heart of Boynton Community Redevelopment
Plan. Therefore, staff recommends that the subject request be approved.
S:\Planning\SHARED\WP\PROJECTS\MLK LUAR and REZN\LUAR 15-001 MLK South Staff Report.doc
6
Exhibit A
MLK SOUTH (LUAR 15-001) LOCATION MAP
Martin Luther King Jr Blvd
SITE
NE 8th Ave
¯
Legend
Land Use Categories
MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre
LOCAL RETAIL COMMERCIAL (LRC)
PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)
02550100150200
Feet
Exhibit B
Heart of Boynton Community Redevelopment Plan
Proposed Land Use Map: HOB East, Update 2014
Single Family
Public Use
NE 12th Ave
NW 11th AveNE 11th Ave
Density: 11-30 units/acre
Max Height: 45 feet
Density: 11-20 units/acre
Max Height: 45 feet
Commercial / Multi-Family
Commercial / Multi-Family
Multi-Family
Recreation
NE 8th Ave
NW 8th Ave
Density: 11-40 units/acre
NE 7th Ave
Max Height: 45 feet
Multi-Family / Commercial
Light Industrial
Multi-Family
NE 4th Ave
Single Family
¯
Legend
Public Use
Single Family
Commercial / Multi-Family
Multi-Family
Light Industrial
075150300450600
Recreation Feet
Multi-Family / Commercial
NEW BUSINESS
6.C.
Ocean Breeze East
(LUAR 15-003)
Land Use Amendment and
Rezoning
Page 2
Ocean Breeze East
LUAR 15-003
Adjacent Uses:
th
North: Right-of-way for NE 7 Avenue; farther north one developed and
one vacant property of the Church of God, and on the northwest,
two vacant parcels; all the above properties classified Medium
Density Residential (MeDR) and zoned R-2 (Single-and Two-
Family Residential District);
th
South: Right-of-way for NE 6 Avenue; further south developed single-
family homes and one vacant parcel; on the southwest, a
developed childcare center; all the above properties classified
Medium Density Residential (MeDR) and zoned R-2 (Single-and
Two-Family Residential District);
st
East: Right-of-way for NE 1 street; farther east developed single-family
homes, classified Medium Density Residential (MeDR) and zoned
R-2 (Single-and Two-Family Residential District);
West: Right-of-way for North Seacrest Boulevard, farther west single-
family homes (Ocean Breeze West) classified High Density
Residential (HDR) and zoned R-3 (Multi-Family Residential
th
District); on the northwest corner of NW 6 Avenue and North
Seacrest Boulevard, a developed single-family home classified
Low Density Residential (LDR) and zoned R-1 (Single-Family
Residential District).
BACKGROUND
The lands subject to the proposed Future Land Use Map amendment and rezoning
consist of three (3) parcels, of which two (2) are owned by the Boynton Beach
Community Redevelopment Agency (CRA) and 1 (one) by a private entity, JMS
Boynton Beach LLC.
This action has been initiated by City staff at the request of the CRA. It aims to bring
appropriate land use and zoning to the area in preparation for development of a project
provisionally referred to as Ocean Breeze East. The subject site is an eastern portion of
the former Boynton Terrace Apartments, a multifamily affordable housing project built in
1983 on both sides of the Seacrest Boulevard and destroyed by hurricanes in 2006. The
21 single-family home Ocean Breeze West development was recently completed on the
western side of the boulevard.
The proposed land use amendments/rezonings for Ocean Breeze East is one of the two
concurrently processed requests supporting redevelopment projects in the Heart of
2
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Ocean Breeze East
LUAR 15-003
Boynton Community Redevelopment Area (the second application is MLK South).
Amendments to the Land Development Regulations, pertaining to City-initiated land use
amendments/rezonings such as represented by the subject request, are also currently
under review by the City Commision (the amendments were approved on the first
reading during the September 3, 2015, Comission meeting). The regulatory changes
promote proactive, city-initiated applications for future land use classification and
rezoning for selected sites if recommended by redevelopment plans or other significant
planning documents. “Proactive” means that no developer as yet has come forward with
a specific project; however, it may be argued that developers will likely give priority to
sites with a desired zoning designation “on the ground”, since:
The current future land use and zoning designation may not be consistent with
the redevelopment plans or other plans documenting the City’s vision and may
deter a valuable potential applicant from pursuing his/her inquiry any further,
resulting in a loss of a project for the City, and
It better prepares properties that may be developed using the Low Income
Housing Tax Credit (LIHTC) financing mechanism. The program, which provides
nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax
liability in exchange for the development of affordable rental housing, requires
zoning to be on the ground at the time of the application. In the past, this rule
prevented some potential redevelopment projects under consideration to
proceed. A severe and worsening shortage of affordable rental housing
underscores the need to address this problem.
ANALYSIS
The Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3
list criteria used to review Comprehensive Plan Map amendments and rezonings.
However, the subject land use amendments/rezonings are initiated by the City, at the
request of the CRA. In this case—pursuant to the above mentioned, recently approved
amendments to the Land Development Regulations—the following rules apply:
No master plan needs to be submitted concurrent with a planned district rezoning as
typically required; and
The only criterion that the subject request must meet is the “Consistency” criterion,
which reads:
“Consistency. Whether the proposed FLUM amendment and rezoning would be
consistent with the purpose and intent of, and promote, the applicable Comprehensive
Plan policies, redevelopment plans, and Land Development Regulations. Approvals of
requests to rezone to a planned zoning district may include limitations or requirements
imposed on the master plan in order to maintain such consistency.”
3
Page 4
Ocean Breeze East
LUAR 15-003
As corroborated in the analysis below, the subject request meets this criterion.
Consistency with redevelopment plans
The 2014 Heart of Boynton Community Redevelopment Plan update lists two
recommendations relevant to the proposed land use amendment and rezoning for
Ocean Breeze East. Firstly, it lists “Ocean Breeze East Mixed Use Development” as
one of the six major redevelopment project opportunities in the Heart of Boynton. The
project’s boundaries are clearly indicated on the “Heart of Boynton 2013 Master Plan”
and coincide with the boundaries of the subject site. Also, the Proposed Land Use Map
shows the Multifamily/Commercial use category on the east side of the North Seacrest
thth
Boulevard, extending from NE 4 Avenue to NE 9 Avenue (see Exhibit “B”).
Note that, to allow flexibility within the specified residential density thresholds, the map’s
use categories do not correspond to specific future land use classifications as defined
by the City’s Comprehensive Plan. The Multifamily/Commercial category recommended
for the Ocean Breeze East area permits density up to 40 dwelling units per acre; it
promotes small commercial uses facing Seacrest Boulevard, but it emphasizes
residential development with density high enough to support not only such small scale
commercial uses but also the larger commercial nodes at the nearby intersection of
North Seacrest Boulevard and Martin Luther King, Jr. Boulevard. This density is
significantly higher than the 11 units/acre maximum density of the existing land use
classification.
The subject request, if approved, would advance implementation of the Ocean Breeze
East Mixed Use Development as proposed by the Heart of Boynton Community
Redevelopment Plan Update; it will also be consistent with the 2014 Heart of Boynton
Community Redevelopment Plan’s Proposed Land Use Map. The proposed MU-L2
(Mixed Use Low Intensity 2 District) zoning carries a maximum density of 30 dwelling
units per acre; however, since the Ocean Breeze East site is located within the
Downtown Transit-Oriented Development District, the project’s density can be increased
by 25%, bringing it to 37 units per acre. Please note that, even though the MU-L2
district allows for a maximum height of 65 feet, the Heart of Boynton Community
Redevelopment Plan limits the height of structures within the area designated
Multifamily/Commercial to 45 feet.
Consistency with the Comprehensive Plan
Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan
directs the City to implement their recommendations, and, specifically, supports land
assembly to promote redevelopment in the CRA area:
Objective 1.7 The City shall eliminate blighted residential neighborhoods
4
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Ocean Breeze East
LUAR 15-003
and business districts through the adoption and
implementation of Community Redevelopment Plans within the
commercial and residential Community Redevelopment Area.
This includes areas east of I-95, notably in the Federal
Highway corridor, the Heart of Boynton and Boynton Beach
Boulevard areas, and the Ocean District.
Policy 1.7.1 The City shall consider the recommendations of adopted
Community Redevelopment Plans and design guidelines when
reviewing all requests for land use amendments and rezonings for
property within the Community Redevelopment areas.
Policy 1.7.2 The City shall encourage land assembly to promote large-scale
redevelopment and infill projects.
Master Plan/ Site Plan for the future project
The subject site meets the minimum acreage and lot frontage parameters for the MU-L2
zoning district. A master plan/site plan ultimately to be submitted for the future project
must meet development standards of the LDR, namely Chapter 3, Article III., Section
1.E., Table 3-4, Mixed Use Urban Building and Site Regulations.
The CRA has been actively marketing this property and will provide information on the
status of its efforts during the presentation at the public hearings.
CONCLUSION/RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning
and determined that they are consistent with the policies of the Comprehensive Plan
and implement recommendations of the Heart of Boynton Community Redevelopment
Plan. Therefore, staff recommends that the subject request be approved.
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East LUAR 15-003\LUAR 15-003 Ocean Breeze East Staff Report.doc
5
Exhibit A
OCEAN BREEZE EAST (LUAR 15-003) LOCATION MAP
NE 7TH ST
SITE
NE 5TH AVE
¯
Legend
Land Use Categories
LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre
MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre
HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre
PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI)037.575150225300
Feet
Exhibit B
Heart of Boynton Community Redevelopment Plan
Proposed Land Use Map: HOB East, Update 2014
Single Family
Public Use
NE 12th Ave
NW 11th AveNE 11th Ave
Density: 11-30 units/acre
Max Height: 45 feet
Density: 11-20 units/acre
Max Height: 45 feet
Commercial / Multi-Family
Commercial / Multi-Family
Multi-Family
Recreation
NE 8th Ave
NW 8th Ave
Density: 11-40 units/acre
NE 7th Ave
Max Height: 45 feet
Multi-Family / Commercial
Light Industrial
Multi-Family
NE 4th Ave
Single Family
¯
Legend
Public Use
Single Family
Commercial / Multi-Family
Multi-Family
Light Industrial
075150300450600
Recreation Feet
Multi-Family / Commercial
NEW BUSINESS
6.D.
Gas Station Regulations
(CDRV 15-003)
Code Review
with amendments that subsequently go into effect for the same location. Legal non-conforming uses
may continue in perpetuity, and can undergo basic maintenance to maintain the operation of the
business. However, such uses are restricted annually by the dollar value of physical improvements (no
greater than 25% of the value of the property), and, most significantly, if such businesses were
damaged or destroyed by a fire or major storm event for example, they could not rebuild to reopen the
respective non-conforming uses.
The nine (9) legal non-conforming stations are located inconsistent with the LDR location restriction
that limits them to intersections of 2 roads with 4 or more lanes each, or within a Planned Commercial
Development (PCD) zoning district in accordance with the design restrictions as stated in the LDR for
such master planned developments. In addition to being “non-conforming” by virtue of the intersection
standard, two (2) of these non-conforming stations are also not zoned for gas sales, being zoned
Planned Industrial Development (PID) or Central Business District (CBD). Three stations are zoned
PCD. As indicated above, the PCD zoning district allows gas sales, but in accordance with design
standards that essentially require gas sales to be accessory to a large principal retail business (e.g. BJ’s
Wholesale Club). One (1) of these two (2) stations does not satisfy such requirements and was
approved and developed prior to adoption of such regulations. Ten (10) stations meet the 200 foot
separation requirement (from a residential structure), leaving 9 stations that are deficient by this
standard. The staff analysis did not include the historical research necessary to determine which
stations have received conditional use approval; however, this conditional use status for gas stations
has been in the LDR for over 30 years. Lastly, excluding those stations within Planned Commercial
Developments, no existing station is located on a parcel that complies with the minimum lot area and
frontage requirements of the LDR. Based on the limitations of Section 11(B) of Chapter 3 of the LDR,
uses located on properties that do not meet the development regulations (i.e. minimum lot area and
dimensions, maximum lot coverage, setbacks, etc.) cannot expand or rebuild without bringing the
property or site into compliance.
It should be noted that all 18 gas stations are located with frontage on an arterial classified roadway,
which is the highest classification of roadways in the City (excluding I-95). Arterial roads include
Congress Avenue, Hypoluxo Road, Gateway Boulevard (approximately between Congress and I-95),
Boynton Beach Boulevard, Woolbright Road and Federal Highway.
If existing non-conforming stations are desirable and not intended to be phased out over time, the LDR
should be amended to increase the number of “conforming” businesses and possibly, allow new
stations to be sited in areas void of or distant from existing stations where appropriate zoning exists for
such uses.
Proposed Amendments to LDR
The following proposed amendments were based on the objectives of identifying existing, or possible
gas station locations that do not, or would not, involve incompatible land uses; maximizing the number
of conforming businesses that sell gasoline; identifying areas that could be better served by such
businesses relative to areas within the City that are adequately served; accommodating possible
expansions of existing stations that increase needed services or products to the immediate
neighborhood; and considering whether any proposed amendments to the LDRs could lead to a
proliferation of gas stations in any one area thereby representing an opportunity cost (i.e. less land
available for other needed businesses within the City). The proposed amendments are generally
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described below, as well as indicated in the accompanying attachment as actual LDR edits and
insertions into the Zoning Matrix and Matrix Footnote #46.
Proposed Amendment #1 – Change regulations to eliminate the requirement for gas stations to be
limited to 4-lane, 4-way intersections, and simply restrict them to properties at an arterial-arterial
intersection or arterial-collector intersection, regardless of the number of lanes or type of intersection
(4-way or 3-way). This would exclude those stations approved within a Planned Commercial
Development. Staff also recommends that the diagonal standard be changed to simply limit an
intersection to a maximum of two businesses to allow flexibility and recognize the possible limited
availability of land at any given intersection.
Effect – The number of gas stations currently non-conforming by the intersection standard are reduced
from nine (9) stations to five (5) stations. The locations of such businesses appear to meet the intent of
the City’s regulations thus deserving their compliant status. An example of such a business is the Shell
Gas Station located at the eastern terminus of Gateway Boulevard, where it intersects with Federal
Highway, and the recently renovated Sunoco Station at the eastern terminus of Golf Road at Federal
Highway. These stations would become “conforming” with respect to the proposed change to the
intersection standard.
Proposed Amendment #2 – Omit the minimum 200 foot separation requirement (from residential land
uses), and instead, limit conditional use status to those uses that do not, or would not meet the 200 foot
separation requirement.
Effect –This amendment would make it possible for 4 businesses that now become conforming by the
proposed intersection standard to potentially expand under the conditional use provisions; otherwise
such expansion may be precluded by the lack of compliance with the separation provision. Also, this
amendment would provide the possibility for a station to be a “permitted use” thereby passing a
general standard for writing zoning regulations. Unless justified by the uniqueness and extreme
potential impacts of a given use, sound zoning codes 1) provide locations for any given use; and 2)
provide circumstances on which a use may be a “permitted” use.
Proposed Amendment #3 – Add gas stations to the list of allowed uses in the PID Zoning District
(limited to Quantum Park as it’s the only PID with frontage on an arterial roadway).
Effect – An additional station, the Mobile/7-Eleven Station located near the Gate way Blvd/I-95
Interchange would become a “conforming use”.
Proposed Amendment #4 – Amend the regulations to allow gas stations accessory to a principal retail
use (i.e. big box store) regardless whether it is zoned PCD or C-3, as long as the minimum project size
is achieved and all site standards (i.e. pump separation and setbacks) met. The LDRs were amended
nearly 10 years ago to allow large retailers such as the membership club stores (e.g. BJs or Cosco) to
sell gasoline even if not located at the required intersection types. At that time the only membership
club store in the City was zoned PCD, which influenced staffs LDR amendment accordingly. To allow
the possible addition of gas sales at other large retailers such as Walmart, regardless of whether it is
zoned PCD, staff recommends that this set of standards also be applicable to the C-3 zoning district
when associated with a “big box” retailer, and/or on a minimum-sized parcel. Staff proposes a
minimum parcel size of 8 acres and a principal retail use of at least 75 square feet. Lastly, in addition
to this change, staff also recommends that pre-existing gas stations within the PCD Zoning District
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should not be construed to be non-conforming with the corresponding site standards if the location
meets the proposed intersection standard described above.
Effect – This would increase the conforming status of two stations within the PCD Zoning District that
were approved within the corresponding master plans prior to adoption of those current PCD
provisions describe above. Such stations could more easily be improved and expanded without
complications caused by the lack of conformity with the current and more stringent PCD design
standards. This amendment would also allow for the addition of gas sales at Walmart stores that are not
located at a required intersection. In the early ‘90s Walmart partnered with Murphy USA, the retail
store established by Murphy Oil Corporation, to sell gasoline along with the many other goods and
services provided from a single location.
Proposed Amendment #5 – Add an additional exception to the intersection location requirement, to
allow for the operation of gas stations at Boynton Beach Boulevard at the I-95 interchange. This
exception could be written to allow stations within a minimum specified distance of the interchange
with I-95, despite it not being a typical “intersection”.It is common for such uses to locate at
interchanges with limited access roadways such as I-95 and therefore it is wise for the city to maintain
gas sales in the vicinity for local residents and employees, as well as outside travelers. This provides a
reason to exit I-95 at the City of Boynton Beach and this point is further strengthened when
considering that the location of the existing gas station is situated between I-95 and the popular
shopping hub at and around the Boynton Beach Mall.
Effect – This amendment would change the legal non-conforming status of one (1) gas station to
conforming status.
Proposed Amendment #6 – Although there is potentially an internal discrepancy in the LDR regarding
the ability to improve or rebuild an existing building on a property that doesn’t comply with the
property and site regulations, staff recommends the addition of an exemption provision for existing gas
stations to allow for business expansions, routine maintenance or even reconstruction if damaged by a
major storm event.
Effect – As indicated above, no existing gas station occupies a parcel that complies with the minimum
site and development standards (e.g. minimum lot area and dimensions) of the LDR. The proposed
amendment would enable the 16 stations that are “conforming uses” (either originally conforming uses
or as a result of the proposed amendments) to expand and rebuild as part of routine maintenance or if
damaged by any cause.
ADDITIONAL FINDINGS, RECOMMENDATIONS AND CONCLUSIONS
The cumulative result of the proposed amendments is the reduction of nine (9) non-conforming gas
stations to two (2). These two (2) sites include the Chevron at Boynton Beach Boulevard and US-1,
and the Marathon Station at 302 W. Boynton Beach Boulevard. The Chevron Station is remains non-
conforming by zoning classification, being zoned Central Business District (CBD), and the Marathon
Station is zoned for gas sales but isn’t in compliance with the existing or proposed intersection
standards. These two stations are located with the newly established transit area within the CRA. This
area is being intended to accommodate higher densities and intensities of land uses, and corresponding
land development regulations should support mass transit, greater pedestrian access and amenities, and
transit oriented development (TOD). Such a regulatory structure and system should discourage
- 4-
automobile dependency and therefore businesses that are automobile-dependent. However, outside the
transit area, staff recommends that gas stations ultimately be incorporated into, and designed consistent
with the vision for mixed-use development and the City’s Community Redevelopment Plans.
Therefore staff recommends that the Central Business District (CBD) regulations not be amended at
this time to allow gas sales, and both stations remain legal non-conforming uses while the CRA Plans
are being consolidated and updated for possible land use recommendations that may affect the subject
uses and properties.
As for increasing the availability of sites for new stations within the City, although there are currently
three (3) qualifying major intersections within the city that are void of any gas stations (based on the
current intersection standard), and an additional 13 intersections that become eligible under the
proposed amendment to the existing intersection standard, there is not undeveloped property, or the
necessary zoning in place to accommodate a gas station at most of these locations.
With respect to existing deficiencies, staff has identified the South Congress Avenue corridor as one of
the areas void of a gas station represented by nearly a 2-mile stretch of Congress Avenue between the
nearest gas station at Woolbright Road and the southern boundary of the City. That distance increases
to over 3 ½ miles when considering that the nearest gas station to the south in the City of Delray Beach
is at Atlantic Avenue. Staff considered amendments that would allow such uses in this area; however,
without a major intersection available and eligible zoning, there is not a simple code amendment that
would allow the use without deviating from the intersection standard that is the principal mechanism
for dispersing and regulating the locations of gas stations in the City. Although land is not available
anyway, if desired, it is possible to make an exception to the intersection standard for a gas station
within the M-1 Zoning District which fronts an arterial roadway. The M-1 Zoning District would be
amended accordingly, and it would open up the approximately 3,400 feet of Congress Avenue in this
area for gas sales. Again, there is no vacant property under M-1 Zoning so redevelopment would be a
prerequisite and the properties in the area are fairly established and in need by the local service
industry. Staff notes that N. Congress Avenue, between Boynton Beach Blvd and Hypoluxo Rd., is
also void of gasoline sales, and exceeds 3 miles in length. However, unlike S. Congress Avenue, there
currently exist two (2) intersections that are eligible for gas sales, and an additional intersection that
would become eligible for gas stations under the proposed amendments. Of course it must be noted
that the existing and future intersections noted herein are developed and not available for new
construction without major redesign and/or redevelopment of existing shopping centers.
Staff recommends that the proposed amendments to the Land Development Regulations be approved.
S:\PLANNING\SHARED\WP\SPECPROJ\CODE REVIEW\GAS STATION REGS\STAFF REPORT P&D BOARD.DOCX
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EXHIBITʹUseMatrixNote46
LDRCh.3,Art.IV,Sec.3.D(MatrixNoteNo.46)
46. Gasoline Station.
a. All Districts.
(1) Location. Gasoline stations, accept where otherwise allowed by these regulations,operating as
principal uses are only allowed on properties located at 3-way or 4-way intersections involving arterial and
collector road rights-of-way consisting of four (4) or more lanes as designated by the Comprehensive Plan,
excluding local streets and alleys.Interchanges with I-95 are included as eligible intersections. Eligible
properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of
the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the
arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be
allowed at each intersection, and located at diagonal corners. A convenience store with retail gasoline sales
is considered to be a gasoline station and is therefore, restricted to these location requirements.
(2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet.
(3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage
measured from the intersecting right-of-way lines of the public streets.
(4) Access.
(a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be
located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater
distance;
(b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in
width; and
(c) Driveways shall not be located less than thirty (30) feet from any interior property line.
(5) Setbacks.
(a) No canopy shall be located less than twenty (20) feet from any property line; and
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside.
(7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on
designated out-parcels to shopping centers, business centers, or other planned commercial developments
shall conform in design to the approved design plan of the principal center.
(8) Landscaping. See landscaping standards in Chapter 4.
(9) Lighting. See lighting standards in Chapter 4.
(10) Except for where otherwise approved on a master sign program, gasoline stations shall only be
permitted to advertise on signage located within the property boundaries.
(11) Gasoline stations shall be permitted uses if located greater than two hundred (200) feet from a
boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from
the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or
mixed-use zoning district.
(12) A station existing prior to amendment of these regulations that is located on a lot that does not
conform to the property development regulations of the zoning district, as defined in Section 11 of this
Chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of
property value, as long as the magnitude of the non-conformity is not worsened by the improvement.
b. C-2 District, C-3 District, and C-4 District.
(1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the
following building setbacks shall apply to all structures on the property including the primary structure, or
any accessory structures such as car washes or above-ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An
accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process.
(3) No gasoline station shall be located within two hundred (200) feet from a residential
structure. Distances for the purpose of this subsection shall be measured from the closest gasoline pump
island or canopy of the gasoline station to the closest boundary of the residential or structure.
(3) Exceptions to requirement for location at intersections as stated above under section “a.(1)”.
When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD
District are satisfied.
c. PCD District.
(1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. The following building setbacks shall apply to all structures on the property including
the primary structure, or any accessory structures such as car washes or above-ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An
accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process.
(3) Separation. (a) No gasoline pump island shall be located less than two hundred (200) feet from
any public right-of-way.
(b) No gasoline station shall be located within two hundred (200) feet from a residential
structure. Distances for the purposes of this subsection shall be measured from the closest gasoline pump
island or canopy of the gasoline station to the closest boundary wall of the residential structure.
(4) Exceptions to requirement for location at intersections as stated above under section “a.(1)”. Uses
within the PCD District shall not be required to comply with the location standard described above in
Subsection “a.(1).
(5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these
regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance
with the location (intersection) standard stated above in section “a”.
(46) Relief from Standards. Waivers from the following standards may be granted in accordance
withChapter 2, Article II by the City Commission for existing projects annexed into the city, when the
regulation cannot be fully complied with, but where the intent of the LDR is met:
(a) Section 3.D.46.a.(5)(a) above;
(b) Section 3.D.46.a.(5)(b) above;
(c) Section 3.D.46.c.(3)(a) above; or
(d) Section 3.D.46.c.(3)(b) above.
The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact.
d. MU-L3 District and MU-H District.
(1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station.
(2) Setbacks.
(a) Building setbacks shall meet those required by the applicable zoning district.
(b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated
principal building.
e. PID District This non-industrial use shall be allowed within the PID district provided it is
located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location
requirements of this note.
LDRCh.3,Art.IV,Sec.3.D
Use Matrix (Table 3-28).
Residential Commercial Mixed-Use Industrial Misc
P =
Permitted
C =
Conditional
A =
Accessory
P
Electronics &
PPPPP
P 1 P P P P P28
Appliance
10 14 14 14 22
Store
30
PP 1 PPPPPPP
P 1 P P P P
Florist
18 817 17 17 17 17 22 27
P
P
Furniture &
PPPPPP2
P 1 P P P P 10
Home
18 17 17 17 17 22 28
furnishing
17
30
CC
C
CCC
Gasoline
C 46 16 16
Station
46 46 46
46
46 46