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AGENDA DOCUMENTS MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15,1998 3. Orchard Landing (M. Jeffrey Semko) - (East of US #1 approximately 185' south of Golf Road) - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25', in preparation for construction of 20 condominium units on an irregularly-shaped parcel Item IV-D.3 was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz. 4. Golfview Harbour 3"' Section Plat (City of Boynton Beach) - (Southeast corner of south Congress Avenue and SW 23"' Avenue) - Request for approval of abandonment of utility and drainage easements lying in Block 18, together with the utility easement lying between Lots 35 and 36, and drainage easement lying between Lots 28 and 29, both of Block 16, located in a portion of the plat of Golfview Harbour 3"' Section 5. Original Pancake House (Hendrik DeMello) - (Northside of Gateway Boulevard, immediately east of the Hampton Inn) - Request for variance approval to reduce the required side setback from 20' to 16' to allow sufficient space for a proposed restaurant and required parking Item IV-D.S was removed from the Consent Agenda at the request of Vice Mayor Jaskiewicz. 6. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot 1) - Request for site plan approval to construct a 4,710 square foot restaurant on a 1.15 acre parcel of land and associated parking Item IV-D.G was removed from the Consent Agenda at the request of Commissioner Titcomb. 7. Semsco International Office/Warehouse (Ron Last of Lawson, Noble and Webb, Inc.) - (Lot 15, High Ridge Commerce Park)- Request for site plan approval to construct a 4,487 square foot office/warehouse building and associated parking on a 1.27 acre parcel of land 8. Auto Care Centers of America (Annette Stauffer, Sign Craft) - (Southeast comer of Woolbright Road and Congress Avenue) - Request approval for sign program E. Approval of Bills F. Approve direct purchase and prepayment of HVAC equipment from Trane Corporation for the 1913 Schoolhouse 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1997 the emergency diesel generator. removal of the underground fuel storage tank. replacement of electrical main service disconnect. transfer switch. main control panel and variable speed drives with a new electrical system and soft starts and replacement of the pump suction and discharge piping valves - Award bid to South Florida Utilities, Inc" of Plantation, Florida. in the amount of $670.557 (Proposed Resolution No. R97-141) C. Resolutions: 1. Proposed Resolution No. R97-142 Re: Approving contract with Gee & Jensen for engineering design and inspection services for a lightning protection system in the amount of $5.900 2. Proposed Resolution No. R97-143 Re: Authorize execution of agreement between Bryant Miller and Olive and the City of Boynton Beach for lobbying services during the Special Legislative Session on education This item was removed from the Consent Agenda for discussion. 3. Proposed Resolution No. R97-144 Re: Authorizing Ernst & Young to prepare computations to determine the rebate amount on the $60,255,000 Utility System Revenue Bonds. Series 1992 4. Proposed Resolution No. R97-145 Re: Authorizing execution of Letter of Intent and authorizing negotiation of terms of agreement for Fire/Rescue and EMS Services in the Town of Hypoluxo D. Approval of Bills A copy of these bills is attached to the original set of meeting minutes on file in the City Clerk's Office. F. Approve new site plan request for The Manors at Newport Place to construct a four-story, 81-bed assisted living facility containing 71,390 square feet on two acres (a portion of Tract 4) of the Newport Place PUD Approve Site Plan request for Heise PCD (Auto Care Centers of America,-Inc'.) to construct an 18,659 square foot retail complex to include minor automolrverepatf and retail uses on 3.63 acres of land E. G Approve Zoning Code Variance request for Mobil Service Station to Chapter 2 - Zoning, Section 11.L.3.d(1) of the Boynton Beach Land Development Regulations to allow an access driveway located 65' rather than the required 110' from the intersecting right-of- way lines of Woolbright Road and Congress Avenue This item was moved to VII-Public Hearing. H. Approve request for Community Design Plan Appeal for Miami Subs to allow back-lit awnings to be replaced and enlarged on the west, north and south elevations of Miami Subs restaurant building 7 - ME~TING MINUTES REGULAR CJTY COMMISSION BOYNTON BEACH, FLORIDA ULAOAfth- AUGUST 19,1997 Mayor Taylor questioned whether it would be possible to contact DOT to find out whether or not they intend to put a wall in that location, and their reasoning for leaving the gap. Commissioner Jaskiewicz advised that she and Mr. Newbold attended a meeting relative to the wall. However. she did not realize during that meeting that DOT was going to stop short of Forest Park Elementary School. She said the noise in that school is deafening. Mr Newbold said he will check the plans tomorrow, contact DOT, and provide a response for Mayor Taylor, XI LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1, Proposed Ordinance No. 097-34 Re: Rezoning Heise/Auto Care Center of America PCD ............ ... POSTPONED UNTIL SEPTEMBER 2nd This item remained on the table until the September 2M meeting. 2. Proposed Ordinance No. 097-41 Re: Amending Chapter 1.5 of the Land Development Regulations by amending Sections 4.3(A} and 4,3(8} to add "conditional use approval" and "conditional use approval time extension" to the list of applications/requests that shall be preliminarily reviewed by the Planning and Development Board Attorney Cherof read Proposed Ordinance No. 097-41 by title only. Mayor Taylor announced the Public Hearing. There was no one present who wished to speak on this Ordinance, Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-41 on second and final reading. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 3. Proposed Ordinance No. 097-42 Re: Amending Section 6.E of the City Sign Code, Chapter 21 of the Land Development Regulations Attorney Cherof read Proposed Ordinance No. 097-42 by title only. Mayor Taylor announced the Public Hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 097-42 on second and final reading. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. 4, Proposed Ordinance No. 097-43 Re: Deleting Charter Sections Attorney Cherof read Proposed Ordinance No. 097-43 by title only. 17 7.A.1 REZONING HEISE/AUTO CARE CENTER OF AMERICA PCD DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-293 THRU: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP ~.rJ- Planning and Zoning Director TO: FROM: Jerzy Lewicki Acting Senior Planner DATE: June 20, 1997 SUBJECT: Heise PCD (REZN 97-001) Rezone to Planned Commercial Development (Auto Care Centers of America) INTRODUCTION Anna Cotrell of Anna S. Cottrell & Associates, Inc., agent for Autocare Centers of America, contract purchaser, is proposing to rezone from C-3 (Community Commercial District) to PCD (Planned Commercial Development) 3.63 acres of property located approximately 160 feet south of the southeast corner of Congress Avenue and Woolbright Road (see attached location map in Exhibit "A"). The proposed Heise PCD provides for the construction of an 8,085 square foot building designated for retail use, and a 10,446 square foot automotive repair center comprised of three bays; 1,612 square feet for oil changes, 1,818 square feet for a detail shop, and 7,015 square feet for tire sales and installation (see attached master plan in Exhibit "B"). The future land use classification will remain as LRC (Local Retail Commercial). PROCEDURE Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 9 (Administration and Enforcement), when a rezoning request does not require an amendment to the future land use map, staff analysis is not required to include an evaluation of the project using the eight criteria under Section 9(C)(7). Since this request is only for rezoning, the above-described analysis is not required. Unlike a rezoning to a conventional commercial district (C-1, C-2, C-3 or C-4), rezoning to a planned commercial district requires simultaneous approval of a master plan. The analysis contained herein evaluates the performance of the proposed master plan, issues of particular concern, and includes selected portions of the above-described criteria which pertain to impact upon municipal services, consistency with the Comprehensive Plan and compatibility with adjacent properties. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: / Page 2 Planning and Zoning Division Memorandum No. 97-293 Heise PCD File No. REZN 97-001 Direction Zoninq Land Use North C-3 McDonald's-Amoco service station Farther north n/a Woolbright Road right-ot-way East C-3 bank Farther east C-3 multi-story office building South R-3 residential-Christian Villas Farther south n/a S.W. 19th Avenue right-ot-way West n/a Congress Avenue right-ot-way Farther west C-3 vacant bank building PROPOSED DEVELOPMENT (see proposed master plan - Exhibit "B") The applicant is proposing to rezone the subject property from C-3 (Community Commercial Development) to PCD (Planned Commercial Development) for development of automotive retail and service uses. According to the applicant's justification statement, the extent of automobile repair would be limited to "minor repairs". The specific "minor repairs" proposed include oil changes, tire replacement, detailing and engine adjustments. Engine or transmission repair or body work would not be permitted on the premises as these operations are defined by code to be "major repairs" and are prohibited in this zoning district. Compatibility of the proposed use with the surrounding land uses is discussed under ISSUES/DISCUSSION. The Land Development Regulations, Chapter 2, Section "F"-Planned Commercial Development District, contains the following site regulations with which this proposal must comply: Minimum perimeter setbacks ............................ front 40 feet side 30 feet rear 40 feet Minimum land area ...........................................3 acres Maximum lot coverage...................................... 40 percent Minimum peripheral greenbelt width ................. 10 feet; 25 feet when abutting residential use Maxil1.1um structure height................................. 45 feet ---/' Page 3 Planning and Zoning Division Memorandum No. 97-293 Heise PCD File No. REZN 97-001 Utilities: Water and Sewer - A privately owned and operated lift station is to be constructed that would pump sewerage generated on the site to the City's sewer system. The development proposal for the site has been reviewed and evaluated by staff of the Utilities Department. The staff comment regarding water and sewer connection is included in Exhibit "C" - Conditions of Approval, and regards a more logical design alternative. Drainage: A conceptual drainage scheme has been provided which includes a dry retention area, use of grass swales, and a network of catch basins. The plan to use grass swales to pretreat stormwater prior to entering the drainage infrastructure is consistent with Comprehensive Plan policies and code requirements. Concurrency certification for drainage is required at time of master plan approval. There is insufficient information to certify for drainage concurrency at this time. Access and Internal Traffic Flow: On-site traffic flow is a two-way, looped system connected to three separate ingress/egress driveways with widths varying between 20 and 27 feet. Two of the driveways are on Congress Avenue, and the third driveway is on Woolbright Road. According to the traffic impact analysis submitted the number of trips passing through the driveways will not exceed the threshold which would qualify any of them as a "major access drive" (major access drives must have an access aisle at least 100 feet long). The Palm Beach County Traffic Engineering Division has reviewed the traffic analysis and finds this project consistent with the Palm Beach County Traffic Performance Standards ordinance. Topography, Soils and Vegetation: In general, the topography of the site has a minimal slope between 0 to .5 percent. The elevation of the site varies between 14.4 feet in the northern part of the property to 12.1 feet at its southern part. At the northern portion of the site, there is a cracked and deteriorated asphalt slab measuring approximately 47 feet by 220 feet. This slab was left after a lumber store was razed on the property approximately six years ago. With respect to soil characteristics, the subsurface conditions were .10t submitted for evaluation, nor was the required information submitted on site vegetation (see conditions #15 and #31 in Exhibit "C"). ISSUES/DISCUSSION A) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PA TTERN The proposed automotive service uses are allowed in the existing, C-3 (Community Commercial) zoning district, as conditional uses; however, with the additional stipulations that the property consists of at least five (5) acres, and the use be located within the principle ;;? V Page 4 Planning and Zoning Division Memorandum No. 97-293 Heise PCD File No. REZN 97-001 building of a shopping center. Since the size of the subject site is 3.63 acres, and since the permitted uses of the PCD zoning district regulations refer to the C-3 regulations, this proposal could not be approved in the C-3 or PCD zoning districts without a change to the regulations. In response to this limitation, the applicant submitted a request for a code amendment to reduce the above-described, minimum size threshold to three (3) acres for automobile uses within the PCD zoning district. The City Commission considered the code amendment request at their May 20, 1997, June 3, 1997 and June 17, 1997 meeting, and postponed second reading of the ordinance until their July 1, 1997 meeting. Based on the advertised review schedule for this rezoning, final approval of the code amendment by the City Commission will be considered at the same meeting as the rezoning. Since the code amendment is a prerequisite for the proposed rezoning, the original staff intent was to separate the two (2) processes. However, legal department staff has determined this timing to be acceptable. In general, the proposed use is compatible with the established land use pattern, as the surrounding uses, with the exception of the residential development to the south, are of a commercial nature. The residential development to the south will be separated and buffered from the proposed project by an existing 6 foot high masonry wall and a new 25 foot wide peripheral greenbelt (the code requires the greenbelt to be 25 feet wide adjacent to residential zoning districts, and 10 feet wide adjacent to other zoning districts). Also, as the proposed code amendment stipulates, the automotive uses in the PCD are proposed to be located, at a minimum, 200 feet from the nearest residence. B) COMPA TIBILlTY OF PROPOSED REZONING WITH PUBLIC FACILITIES At the time of master plan approval, a review for concurrency certification must occur for drainage and traffic facilities. Concurrency certification is issued after the determination that adopted levels of service standards are currently met, and will be maintained despite impacts of the proposed project. The facilities, along with the respective evaluations, are as follows: Drainage: Insufficient drainage information has been submitted for the Engineering Division to certify compliance with the city's drainage levels of service at the time of site plan approval, as required. The Engineering Division is recommending that this be postponed to time of permit review. Roadway Capacity Analysis: As indicated in the section above titled PROPOSED DEVELOPMENT, the traffic analysis submitted by the applicant was reviewed by Palm Beach County Traffic Division. They have determined that the project will meet the requirements of the Palm Beach Countywide Traffic Performance Standards Ordinance. C) ANTICIPA TED ISSUES RELA TED TO PROJECT DESIGN According to the PCD regulations, the intent and purpose of the PCD district is "to provide a zoning classification for commercial developments that will better satisfy current demands for , . I ---~ Page 5 Planning and Zoning Division Memorandum No. 97-293 Heise PCD File No. REZN 97-001 commercially zoned land by encouraging development which will reflect changes in the concepts and technology of land development and relate the land development to the specific site... ". Automotive centers that combine a range of automotive retail and service uses have become popular and are in demand. Whether a PCD containing these uses should be allowed is dependent on whether the rezoning master plan meets certain code definition criteria for a PCD. Specifically, does the master plan provide for "efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments"? To evaluate compliance with this requirement, staff has identified landscaping/buffering and building design as issues that must be analyzed with the rezoning, rather than later at time of site plan approval, and balanced with the less desirable characteristics known to be associated with automotive service. Issue #1 - Building design A site plan application for this project has been submitted, which contains detailed information regarding layout and architecture of proposed buildings (see Exhibit "B" for site plan and elevations), landscaping, drainage and vehicular circulation on the site. There are two buildings proposed which will be located along Congress Avenue. The retail use would be within a stand-alone building which is to be separated from the automotive uses by an access driveway. The automotive service complex consists of three attached buildings. The site is proposed to be designed with the buildings located toward the center of the property, parking located along the perimeter, and the drainage retention area located at the southeast corner of the site. Due to the small size of the subject property and the McDonald's/Amoco outparcel which was subdivided from the subject property, it is important that the buildings on the two properties "read" as one integrated project. Therefore, staff is recommending equal building setbacks, connection of the PCD buildings and incorporation of the McDonald's/Amoco materials and color into the PCD. This is also consistent with the Community Design Plan which requires that "buildings or structures located on separate parcels and buildings or structures which are part of a present or future multi-building complex, shall achieve visual unity of character and design concepts through the relationship of building style, use, texture, color, materials, form, scale, proportion and location". The adjacent McDonalds-Amoco service station set the tone for the corner of this highly traveled and visible intersection. Specifically, staff recommends the following additional building design changes: . It is recommended that Spanish "S" tiles (terracotta blend), comparable to those used on McDonald's/Amoco be added to the building. . It is recommended that a stucco wall finish painted a combination of beige, antique white or another close-matching color combination similar to McDonald's/Amoco be used. . It is recommended that trim or accent colors be changed to match the blue used on McDonald's/Amoco. . It is recommended that awnings be covered with Spanish "S" tiles. c:- v Page 6 Planning and Zoning Division Memorandum No. 97-293 Heise PCD File No. REZN 97-001 . It is recommended that the building height not exceed 23 feet (the McDonalds/Amoco gas station is approximately 21 feet). . It is recommended that the trim, arches, pillars and scoring proposed on the west elevations be extended to all other elevations. The nature of an automobile service operation requires overhead doors. The industry prefers them to be placed on two sides of the building to facilitate drive-thru movement of vehicles. However, it should be noted that this design would not conform to the Community Design Plan, which explicitly prohibits overhead doors on any building elevation that faces a public or private street (the doors are currently proposed to face Congress Avenue). Rather than design the building so that the overhead doors face away from the adjacent thoroughfare, the applicant wishes to appeal the code. To address the appearance problems presented by the orientation of the overhead doors toward the adjacent street, the applicant proposes landscaping to attempt to screen the doors from view. Staff believes that the doors should be placed on the east side of the building and deleted from the west side. This is less desirable to the applicant, but doesn't preclude the use of the building as proposed. Issue #2 - Landscaping/buffering The code requires that a 10 foot wide peripheral greenbelt be placed on all sides of the PCD, except where the property abuts a residential zoning district the greenbelt must be no less than 25 feet wide. The portion of the greenbelt proposed on the southern side of the PCD which abuts residential conflicts with an existing utility/access easement. Staff has requested that an abandonment application be submitted to vacate the easement. Furthermore, since design specifications for peripheral greenbelts are not established by code, it is important that this be established now. Staff has developed specific recommendations for each of the four buffers (see Exhibit "C" - Conditions of Approval) which consider the need to screen the service operations when viewed from Congress Avenue or Woolbright Road and the need to screen views and buffer sound that may be detectable from adjacent residential uses. The condition of approval regarding building setback also serves to increase the buffer along Congress. CONCLUSIONS/RECOMMENDA TIONS Based on the analysis and discussions contained herein, this request is consistent with the Comprehensive Plan and the Land Development Regulations (subject to staff comments), and compatible with current and future uses of surrounding properties and would not create an isolated district unrelated to adjacent or nearby properties. Therefore, staff recommends approval of the Heise PCD rezoning request, subject to the conditions of approval contained in Exhibit "C". xc: Central File \ \Ch\ma in\SHRDA T A \Plann ing\S HARED\WP\P ROJ ECTS\AUTOCARE\REZN\staff-report-heise .doc I 1-" -.' EXHIBIT "A" LOCATION MAP 1 E. pCO \-,r::.\S . MAP CA'T\ON ..~. LO ~. -~r:.,:. . "2 :; j ...- \ ~ :, _-:.--.' . \ ....".,.,.. . V'III" '~l" ~. . '<"" lli:\, I t'~'~/A'Q~/.' ~"'''', .. ,_///,,(:. ~ . --. _.. · ~~'--'YX0: .,~ . ."-,.'.:--;.. . J " ------~ .. ',t ~" -;:;"'/> "';';rV:~'::j.:<.\ ~- \ u .' .'-' ...../~. -r,,'-.\. ''. ',' . . ~, ~:'<~"J.J' v. t"~ :~~\:-~\i \'; . ,...~(\;: .- y' ,j:. ._, ~::,>, / /, t".."'" . < 1...\" " ~'" ','. "L .' \ \ D~::;.;..~,-:c;/:' ;. ': .'.:,. '\ '"\'.~ .......,\ ~ \Hl'. ':>'-('~.., \.....,3. __"\." \\\ ~\ ''\ .\) \ m-'-:r:y~~>'"..: ;:c, ~....,;, ~ to:. : ~ \ \.. ",, '.:: -, ID'm..;.."' " :{( .' . 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TT.~I:f , ,.~......... ~ .- - -'>..~.. - ,< ... .~ - IJ - T I I - - . ~ ~ . - T1T - - - r==:'lf - TTl - ~\ ~l - --)/ . - TT . I I ...... ~ ~ e ~! .. ~I i~ ~~ 6 ~ :I!l r .. . . ... ."1\' fT'.IV:' )'.r T\'.IIn' __11/7' 34l"-IIn" eO"T"NTON =+-+01=1=ES" 1=00. ..(ljO.Q~BR1G~T ROAD 4 CONGRESS AvE., BOYNTON SEACH, -J.....;,'- ..... -', (J1 !I~l h.~ ll~ I ' f g z s:: 0 ~ iQ :t: ".....,. -t 24'~r m :t: r IQ m -.-. r 0( m l> ~ -f ~ -t Q z ~ ~ l?- t> '" r- '" ~ .-: ~ .., ~ ~ ..'... s:'-r /-:1 eO-rNf~N &l-iOF'F'E&, F'CO ATTACHMENT "C" CONDITIONS OF APPROVAL AND PROPOSED DEVELOPMENT ORDER I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Heise PCD APPLICANT: Auto Care Centers of America APPLICANTS AGENT: Anna Cottrell and Associates DATE OF HEARING BEFORE CITY COMMISSION: July 1,1997 TYPE OF RELIEF SOUGHT: Rezone from C-3 (Community Commercial District) to PCD (Planned Commercial Development) 3.63 acres of property. LOCATION OF PROPERTY: Approximately 160 feet south of the southeast corner of Congress Avenue and Woolbright Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 the 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 develo;Jment on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk s:ca\wp\fonns\Development Orders ~ IJ EXHIBIT "C" Conditions of Approval Project name: Heise PCD File number: REZN 97-001 Reference: The plans consist of 8 sheets identified as 2nd Review, Rezonina. File #REZN 97-001 with a Mav 15 1997 Plannina and Zonina Division date stamp markina . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. The Utilities Department requests a meeting with the project engineer to discuss alternate connection points to the existing water and sanitary sewer systems. The Utilities Department strongly recommends a gravity connection to the existing sewer, southeast of the parcel. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 2. Provide a master stormwater management plan as specified in Chap.3, Art. IV, Sec.3T. 3. Provide a generalized statement of subsurface conditions plus location and results as they affect the site. [Chap.3, Art.IV, Sec.3P] 4. Obtain Palm Beach County approval to outfall into the Congress Ave. storm sewer system. 5. All comments (except 7 and 8) shall be met prior to permit issuance. 6. All documents submitted shall be signed, sealed and dated by the appropriate design professionals per F.S. 471.025. 7. Owner shall provide the city with an acceptable hold harmless letter to insure against any errors or omissions on the survey submitted by R.L. Vaught & Assoc., Inc. II I C.J Page 2 Heise, PCD File No. REZN 97-001 8. It is recommended that 8' sidewalks be constructed around the building and wheel stops be eliminated due to tripping hazard. 9. It is recommended that loading zone screen walls be eliminated and areas striped appropriately (requiring an appeal to the Community Design Plan to be filed). Walls will impact safe and efficient traffic circulation. 10. It is recommended that the project not be considered by the Planning and Development Board if items 7 and 8 are not submitted prior to the Board meeting. 11. In order to facilitate entrance to the site from the adjacent high speed arterials, all ingress driveway widths shall be 14' wide. BUILDING DIVISION Comments: 12. Since the site and building signage depicted on the plans does not reflect code specifications regarding color, size, style or type, either amend the plans to show the specifications in compliance with the code or place the following note on the master plan and building elevation drawings: "See sign program for specifications regarding site and building signage." [Chapter 21 - Sign Code, Article IV, Section 7] 13. Amend all plan view drawings to show compliance with the Florida Accessibility Code regarding an. accessible path leading to the entrances of the buildings from the existing sidewalk located within the abutting right-of-way. [Chapter 20 - Building, Housing and Construction Regulations, Art. I, Sec. 5 of the City's Land Development Regulations] PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 14. The applicant must submit a tree survey and a tree management plan for the project and indicate on the landscape plan which trees will be preserved, transplanted, or removed and replaced. These trees are in addition to the trees required by the Landscape Code (Environmental Regulation, 7.5, Sec.4, p.2, Sec.12, p.3). J1 Page 3 Heise, PCD File No. REZN 97-001 15. The applicant must submit landscape and irrigation plans for that portion of the Congress Avenue grass median which abuts the site. Comprehensive Plan, Policy 2.4.5, p.42. in compliance with the landscape design policy and an existing landscape design for the median can be obtained by contacting the City Forester. PLANNING AND ZONING Comments: 16. Code amendment approval allowing automotive uses on parcels of 3 acres, or more in PCDs (Planned Commercial Developments), is necessary prior to rezoning approval. 17. Submit a deed that contains a legible legal description. 18. Complete the submitted "Comparison of Impacts" by indicating the proposed water consumption and sewer generated for the subject project. 19. Submit the original of the signature page of the application (with original signatures of the property owner and agent) to supplement the copies submitted. 20. Submit a legal document that constitutes evidence that the entire site is under unified control as required for PCD rezoning applications. [Chapter 2 - Zoning, Section 6. F. 3. Of the Land Development Regulations] The legal document shall be titled "Unified Control Document". The document shall, at minimum, contain the following statements: a) I property owner of the property described within the attached Exhibit "A" and Exhibit "B" declare that that this document shall bind in perpetuity all heirs, assignees, successors and future property owner or owners, if any, to develop, operate and maintain said property under unified control, in compliance with the City of Boynton Beach Code of Ordinances and conditions of approval of all Development Orders or Development Permits issued for the property, without recourse to the city or any other public agency. The name or title of the entity responsible for developing, operating and maintaining the subject property under unified control shall be . This entity shall be identified on the plat and plat dedications with the signatures of the controlling party or parties identified on the plat. This document shall not be amended or modified without written consent from the City of Boynton Beach City Attorney or /9 Page 4 Heise, PCD File No. REZN 97-001 attorney designated by the city attorney. b) Exhibit "A" shall include the recorded deed or deeds of all properties included within the subject request and the deeds shall include the legal description of each property. c) Exhibit "B", shall include a separate legal description of the entire property included in the subject request. Where applicable, the legal description shall combine all individual properties that are part of the request into one legal description. The legal description shall indicate the total acres and be signed and sealed by the surveyor of record for the project. The surveyor shall certify that the legal description is a correct representation of the property identified in Exhibit "A" and is the same property identified for the _ PCD property request to rezone the subject property from Community Commercial, C-3 to a Planned Commercial Development (PCD) zoning district, as identified in the application submitted to the City of Boynton Beach on March 5,1997. d) The original executed and notarized document shall be submitted to the city for review by the city attorney. 21. The building design shall meet the Community Design Plan, including the location of overhead doors so they are not facing the street. 22. Provide consistency regarding depictions of setback requirements for the site. The required front yard (facing Congress) setback in a PCD is 40 feet. Dimension all building setbacks. 23. On the master plan, show required setback along Woolbright Road. 24. Provide consistency with regard to the name of the project. Master plan shows Boynton Shoppes, PCD and shows Heise PCD. 25. Provide a unity of title document for Tract "A" and Tract "B". 26. It is recommended, that the south perimeter landscape buffer contain, at minimum, ground cover, a three foot high berm, a six foot high concrete block wall, clusters of three shrubs or palm trees every 30 feet, a 36 inch high hedge and canopy trees 12 feet tall with a maximum spacing of 30 feet on center. The north, east and west buffer shall be the same as the north buffer, but without the wall. Fifty (50) percent of all the landscape material in each of the above buffers shall be native Florida species. /9 Page 5 Heise, PCD File No. REZN 97-001 27. Include a vicinity sketch, as required by the code, showing existing development on adjacent properties in the immediate vicinity of the subject site and existing natural features. 28. Provide statement of the subsurface conditions. 29. Indicate location of all proposed easements. 30. Eliminate conflict between proposed utility and access easement and the proposed 25 feet wide peripheral greenbelt at the southern end of the property by abandoning and relocating the easement. If the easement can't be abandoned and relocated, separate the buffer location from the easement. 31. Indicate the use of the portion of the property immediately east of the Woolbright Road egress/ingress driveway. If this area is to be an open space it is recommended, that the egress/ingress driveway location be moved approximately 22 feet east to a more central location of this part of the parcel. Also, it is recommended that this entrance be appropriately landscaped to beautify the entrance from Woolbright Road to the development. 32. Connect the retail and service buildings with a decorative archway that would allow vehicle passage. Archway may exceed 23 feet in height. 33. It is recommended that continuous (except where vehicular and pedestrian connections) foundation landscaping be provided along the north, south and west building elevations. 34. It is recommended that the front of the building(s) be moved back (approximately 10 feet) from Congress Avenue to align with the McDonald's/Amoco building and that the additional distance gained be located along Congress Avenue to increase the width of the west buffer. 35. It is recommended that Spanish liS" tiles (terracotta blend) , comparahle to those used on McDonald's/Amoco be added to the building. . 36. It is recommended that a stucco wall finish painted beige, antique white or another close-matching color combination similar to McDonald's/Amoco be used.. 37. It is recommended that trim or accent colors be changed to match the blue used on McDonald's Amoco. Page 6 Heise, PCD File No. REZN 97-001 38. It is recommended that awnings be covered with Spanish US" tiles.. 39. It is recommended that the building height not to exceed 23 feet (the McDonalds-Amoco Gas Station is approximately 21 feet). 40. Three copies of the master plan, rectified to address all conditions of zoning approval, shall be submitted prior to site plan approval or plat submittal. 41. If the recommendation #31 regarding the Woolbright Road egress/ingress driveway is not approved, align the egress/ingress driveway and the internal driveway in the central part of the property to improve safety of the internal vehicular system. 42. It is recommended that the trim, arches, pillars and scoring proposed on the west elevations be extended to all other elevations. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 43. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 44. To be determined. /bme s:\projects\cond of appr\