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
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LOCATION MAP
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PROPOSED MASTER PLAN
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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
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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\