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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Manll2er's Office Meetine: Dates in to City Manae:er's Office 0 August 19, 1997 August 8, 1997 (noon) 0 October 21, 1997 October 10, 1997 (noon) [8J September 2, 1997 August 22, 1997 (noon) 0 November 4, 1997 October 24, 1997 (noon) 0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon) 0 October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the attached ordinance pertaining to the request below on the September 2, 1997 City Commission meeting under Legal, Ordinances, 2nd Reading for approval. Second reading of the attached ordinance was postponed at the August 5th City Commission meeting due to a condition of the rezoning approval regarding connecting the buildings. The applicant indicated that he might not be able to comply with this condition, but did not know until his site plan was submitted for review by staff and the Planning and Development Board. The site plan goes to the Board August 26, 1997. Therefore, more infonnation will be available with respect to the changes needed to the ordinance at the September 2, 1997 City Commission meeting; after the August 26, 1997 Board meeting. Also at the August 5th meeting, it was noted that the master plan and conditions of approval were missing from the ordinance. This has been corrected by the legal department. EXPLANATION: PROJECT: Heisel Auto Care Center of America PCD AGENT: Anna Cottrel OWNER: Westlake Hardware, Inc. LOCA nON: Approximately 160 feet south of the southeast comer of Congress Avenue and Woolbright Road. D ESCRIPTI ON: Request for master plan approval to construct a 21,264 square foot retail complex that includes a facility for minor automotive repair on 3.63 acres ofland in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD). PROGRAMI~ACT:NM FISCAL I~ACT: NIA AL TERNA TIVES: NIA City Manager's Signature Department Head's Signature Development Services Department Name ~ b l 1 ~ - ~ -c:::/ dnJl- tot... '.'-n./ Planning and ~Dir . or \\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\AUTOCARE\REZN\Agenda Item Request Form 9-2.doc LJ..-. Y OF BOYNTOG ~EACh AGENDA ITEM REQUEST FORM XI. LEGAL B.3 Requested City Commission Date final form Must be Turned Requested City Commission Daie Final form Must be Turned Meetin!! Dates in to City Manuer's Officc Meetinl[ Dates in to City Manuer's Officc [ May 6,1997 April 25, 1997 (noon) 0 July I. 1997 June 20.1997 (noon) [ May 20. 1997 May 9, 1997 (noon) l81 July IS, 1997 July 3, 1997 (Thursday noon) [ June 3.1997 May 23, 1997 (noon) 0 August 5, 1997 July 25,1997 (noon) [ June 17,1997 June 6, 1997 (noon) 0 August 19,1997 August 8, 1997 (noon) RECOMMENDATION: Please place the attached ordinance pertaining to the request below on the July 15,1997 City Commission meeting under Legal, Ordinances, 1 st Reading for approval. At the July 1. 1997 City Commission meeting a publiC hearing was held regarding this request and the request was approved subject to the conditions in Planning and Zoning Memorandum No. 97-293 (distributed at the last City Commission meeting). EXPLANATION: PROJECT: Heise/Auto Care Center of America PCD AGENT: Anna Cottrel OWNER: Westlake Hardware. Ine. LOCA nON: Approximately 160 south of the southeast comer of Congress Avenue and Woolbright Road. DESCRIPTION: Request for master plan approval to construct 21,264 square feet retail complex that includes a facility for minor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commerci,al (C-3) to Planned Commercial Development (PCD). PROGRAM IMPACT: N/A: FISCAL IMP ACT: N/A ALTERNATIVES: N/A Department Head's SignatUre ~ /1 ,:" " :';./'vy~ ,A. I () _.l:j./~ City anager's Signature Development Sel'vices Department Name - " / -", ~ ./., ....<:::_/I~t,lvz<- ,~r, ?u!~. Planning and Zonmg Director \\CH\MAIN\SHRDA T A\Planning\SHARED\WP\PROJECTS\AUTOCARE\Form-n:z ords-Ist Read,doc ORDINANCE NO. 097 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, REGARDING THE REZONING OF AUTOCARE CENTERS OF AMERICA (HEISE PCD - APPLICATION No. 97-001); AMENDING ORDINANCE 91-70 OF SAID' CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL DISTRICT) TO PCD (PLANNED COMMERCIAL DEVELOPMENT DISTRICT); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL TV AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance 091-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Anna Cotrell of Anna S. Cotrell & Associates, Inc., agent for Autocare Centers of America, contract purchaser, has heretofore filed a Petition, pursuant to Part III of the Land Development Regulations, Chapter 2, Zoning of th. City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly described hereinafter from C-3 (Community Commercial District) to PCD (Planned Commercial Development District); and WHEREAS, the City Commission deems it to be in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby rezoned from C-3 (Community Commercial District) to pce (Planned Commercial Development). A location map is attached hereto as Exhibit ,"S- and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall b& amended accordingly. Section 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5: This ordinance shall become effective upon adoption. FIRST READING this _ day of July, 1997. SECOND, FINAL READING AND PASSAGE this _ day of August, 1997. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ArrEST: City Clerk . wp\calOrdlnanc:8a\HelM PeO R_,ng IJ!GAL DeS~IPTlC~: A parcel of land in sectton, 32 township 41 south, rang. 43 ..... CIty of Boynton Beach, Palm B.ach County. Florida, being mare p.rtlcularfy deacrtbed .. follawa: From the Northwnt comer of saJd ..ctlon 32, aald corner being on the cenmrtlne of the 120 foot rtght-of-way of Congress Avenue; thence ftln aouth 01- 23' U" eat. along th. west line of said .ectlon 32, for. distance of 911.12 f8.t; th.nc. run north 87-40' 08" .aat along a IIn. 951.00 feet aoldh of and parall., with. .. me..ured at right anglee to, the north IIn. of said section 32. tor a dlatance of 83..57 ".t, tD the point of beginning of the parcel of land h....in.fter deaoribed; th.nce continue north 87040'Or eat, along the 1m d.ecribed cOu....f for a distance of 351.48 feet; thence run north O. 23' 24" weet, alona a Iln. 41..00 feet _* of .nd paralle. with, .. me..urad at right ang.. to, the said WHt line of MCtIon 32, for a dlatance of SM.08 fHt; thence run aouth 87040'08" VlMt, along a line 317.00 feet MIdh of .nd p....II., with, _ m_ul'lKl at right anI'. tD, the a'd north line of MCtIon 32, (.Ieo being ....00 feet south of tile centerline of Woolbright road) for. dIatance of 117.30 feet; thence run south 01- 23' 24" ..at, along a line 217.72 feet _t of and parallal with, .. me.sured . right .ngl.. to. the said weat line of MOtIon 32, far I distance of 200.00 feet: thence run south 87040'08" west, along a Iln. 551.81 feet south of and p....II., with, .. me"urN at right angl. to, the aid north line of Motion 32. for a .dlstance ot 221.71 feet; thence run saouth 0.23'2-''' Mat alonl .lIn. 71.00 feet _t of and parane. with, _ m.MUrecI at right an,.. to, the u1d ....t IIn. of aactIon 32, for . a dl_ne. of 200.00 feat; thenA run south 02- 1..1." w.at, for a dlatance of 19..89 · fMt, to the point of beginning and containing 3.1332 .c.... more or 1-. rc.XI-IJBIT \//1 II .' ....f . , ' . - . .,.. . , ., '. , _.- '\jl' _..~_ ~ "II "'.\ ........... ~. .. ~ \ I ',~' r"'1 ~'d) i" \, ~ ~t :... . \', ~.'!"',.- \' c::: ,r i \, .' 0' i \'; ~.' ;~-'"" ,-- bk~ '~ ' -.-"- T~T . - r"-, ,- ~ ~ \ " l"'"i\ \ . 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I ;' S~-'---y..?/ ~ . . . / --------~ CITY OF BOYNTONBEACB AGENDA ITEM REQUEST FORM Requested City Commission Meetin2 Dates o July 21, 1998 o August 4, 1998 o August 18, 1998 o September I, 1998 Date Final Form Must be Turned in to City Cleric's Office July 10, 1998 (noon) August 7, 1998 (noon) Requested City Commission Meetin2 Dates o September IS, 1998 18I October 6,1998 o October 20, 1998 o November 3,1998 Date Final Form Must be Turned in to City Cleric's Office September 4~ 1998 (noon) July 24,1998 (noon) September 2S' 1998 (noon) October 9, 1998 (noon) August 21, 1998 (noon) October 23, 1998 (noon) NATURE OF AGENDA ITEM o Administrative 18I Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place the request below on the October 6, 1998 City Commission under Consent- Ratification of Planning and Development Board Action. The Planning and Development Board was unable to formulate a recommendation; two motions were presented but failed due to a tie (3-3) vote and the lack of a supporting second vote. Despite lack of consensus on a recommendation, there was consensus that the proposed size of the free standing signs were out of scale with the project: however appropriate design conditions could not be agreed upon (the petitioner indicated an unwillingness to reduce sign area). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 98-277. EXPLANA TION: PROJECT: Auto Care Centers of America AGENT: Annette Stauffer, Sign Craft LOCA nON: Southeast comer of Woolbright Road and Congress Avenue DESCRIPTION: Request approval for sign program. (postponed from September IS, 1998) PROGRAM IMPACT: N/ A FISCAL IMPACT: N/A AL TER1~A TIVES: N/ A City Manager's Signature Department of Deve opment Director's Signature j-?1J _-"0 .~ Acting Director ofP ing and Zoning City Attorney / Finance / Human Resources \ICHIMAIN\SHRDA TAIPLANNINGlSHAREDIWPlPROJECTS\AUTOCARE. HEISE PCD\AGENDA ITEM REQUEST lQ.6.98.DOC DEPARTMENT OFDEVELOPMENT MEMORANDUM NO. PZ 98-277 MAJOR SITE PLAN MODIFICATION STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION NOTE: This report reviews the first revision to the proposed sign program, the original sign program was reviewed in memorandum no. 98-257. The revision was the result of the applicant's response to comments generated by the first review and endorsed by the Planning and Development Board. Date: September 17, 1998 DESCRIPTION OF PROJE':T: Project Name: Auto Care Centers of America (a.k.a. Heise PCD and Boynton Shoppes) Sign Program Applicant: Auto Care Centers of America Agent: Sign Craft (Annette Stauffer) Location: 1620 South Congress Avenue File No.: MSPM 98-002 Land Use Plan Designation: Local Retail Commercial (LRC) Zoning Designation: Planned Commercial District (PCD) Type of Use: Small strip shopping center including automotive repair services and retail/commercial uses. Number of Units : N/A Square F ;otage: Site Area: Building Area: N/A N/A Surrounding land uses and zoning: (see Exhibit "A" - location map) North: South: McDonald's/Amoco service station, zoned C-3, Community Commercial. Christian Villas residential development, zoned R-3, Multi-family residential Sun Trust Bank, zoned C-3, Community Commercial Congress Avenue right-of-way, and farther west, a vacant buildir.g, zoned C-3, Community Commercial. East: West: Existing Site I Page 2 Memorandum No. PZ 98-277 Auto Care Centers of America - Sign Program MSPM 98-002 Characteristics: Request: Concurrency: Parking Fa~i1ity: Landscaping: Building and Site Regulations: This request is for sign program approval for the Auto Care Center PCD. The subject PCD is currently under construction. The purpose of this proposal is to establish design guidelines for signage for all tenants of the Auto Care Center PCD. This original project received site plan approval on September 2, 1997, conditioned upon processing a sign program request at a date when the ultimate tenants, and sign needs, were realized. Revisions to the originally proposed sign program include: . The two proposed 20 foot high (the maximum height allowed) pylon signs advertising Lube Connection, Goodyear and future/undesignated tenants (see Exhibit "B" Original Proposed Monument Sign Program) have been revised to more closely match the architectural form of the buildings (see Exhibit "C" Revised Pole Signs). Both versions have similar sign face area. However, the primary sign to be placed on Congress Avenue is now colored similar to the fac;ade and trim colors of the building, includes decorative molding as a cap to the cabinet which matches the cornice element on the buildings, and the twin pole support is covered by aluminum in the form of an arch also similar to the arches utilized within the architectural form of the buildings. The secondary sign to be placed on Woolbright Road is similarly enhanced with the cornice-like molding along the top, but the single tube support (shaped like the handle and open throat of a tennis racquet) differentiates it from the primary sign. It should be noted that the signs were not reduced in height to accommodate the one-foot high cornice feature. Both signs now exceed the 20-foot height limit by one (1) foot. Also noteworthy, is the partial replacement of the black color with blue (black still remains in the Pennzoillogo). The blue color is a more appropriate color than black for a retail use, which change represents further enhancement of the proposed sign program . Wall and building signs remain unaltered from the original format proposed, and occupy building area totaling less than the maximum allowed based on linear length of building facade. T raffle N/A Drainage - N/A N/A N/A According to the City's Land Development Regulations Chapter 21, Signs, Article IV.(7)(B), the City must approve via a sign program, allowable signage for all PUD's, PCD's and PID's. The purpose of this section is to encourage continuity of signage in these districts, while allowing for flexibility with respect to type, color, number, location (exclusive of setbacks) and design of signs. The approval of signs in planned districts requires the submission of a sign program for the entire project as part of the site plan approval process. . ~ Page 3 Memorandum No. PZ 98-277 Auto Care Centers of America - Sign Program MSPM 98-002 In accordance with the Land Development Regulations, Chapter 21- Signs, the proposed sign program includes two (2) double-faced, free standing signs both with sign area totaling less than the maximum allowed based on property frontage. Again, the signs have been revised/enhanced with a decorative cornice-like element which now causes the two pole signs to exceed the maximum height allowed of 20 feet, by one (1) foot. Signage/Community Design Plan: The purpose of the Community Design Plan, Chapter 9 of the Land Development Regulations, is to promote harmony with nature and a pleasant and comprehensive cohesiveness among development within the City of Boynton Beach. This site is adjacent to the McDonald's/Amoco business located on the southeast corner of Woolbright Road and Congress Avenue. The McDonald's/Amoco business was approved in August 1995 by the City Commission. This project sign is a metal-frame, dual-pole supported sign measuring 5 feet wide by 20 feet high. The revisions to the original pole signs have significantly increased the compatibility with the architectural design of the building, which also achieves greater compliance with the requirements of Chapter 9. Community Design Plan. The colors of the sign structure now match the colors used on the building, the arch feature of the building is repeated in the primary sign, and both signs are enhanced with the cornice-like feature along their tops. With respect to the requirement to be in harmony with adjacent developments (signs), staff recognizes that to maintain consistency with project architecture would naturally create contrast with the simple steel pole signs used by the adjacent Amoco/McDonalds and SunTrust Bank. However, the two following issues remain: the overall size of, and consistency between the two pole signs. Although both signs contain area less than the maximum allowed by code, the signs appear to be out of scale relative to the size of project. As indicated in the original analysis, staff recommended that in addition to maximizing consistency with project architecture, the primary pole sign should be reduced in width and the tenant names be aligned vertically. Since decreasing the width and increasing the height of the sign face could jeopardize the arch element at the base, staff simply recommends that, at p minimum; the width of the primary sign be reduced to the width of the secondary sign (11 feet) or less. Secondly, to increase compatibility between the two signs, the base of the secondary sign should be designed identical to the primary sign, which would also reduce the height of this sign below the 20-foot limit. RECOMMENDATION: The Planning and Zoning Division recommends approval of this sign program for the Autocare Centers of America, subject to the comments included in Exhibit "0" - Conditions of Approval. \ \CH\MAIN\SHRDA T A \Planning\SHARED\WP\PROJECTS\AUTOCARE CENTER\MSPM\staff-report-sign program. doc xc: Central File 3 \~,~ L--l' J.,' ,.~'-' '~-1 'U'!l : _ \:,~--l ~.': _.;;[ \ \': ~ __0 ~~ ~'I ' . ''1 ',:' I_~ 1~-1T'Y ; , -' I _. _ T_!'...._ ~ ~ "-- . - - ~ ~ ~ _:-: .....-.- ~L'-' . :.-- "'\ rr-'~'], _.;.'i.l.......II~r~ JnL , Ii ,-- . -.- . 'I -' F= ~ _.-J\: '-...1 ",.. - U .- -'\~:'- '~~ D o ~~,..,.r-'\ . '\ '.:; \) :.1 ,I '\- ... .:/~~,~ ':\ 2; I ~ /. -...,-, --'. ~ I /il....~--...i ' ---"...;'/_ .: .:~ :.~, J ,-- =-::=.. - . :'; -..::::- . -- ' . - . ., . .. .. . ."" _WI: _:. ~. _pUO___ ~r...L . '" r- -:-:-' . -,;.: l:J r: 4. q ,;: a;.." \ \ ,\ 'J -L:,.AKES OF '.r--V l.b '. . I . _rr ...J,;~ - . '';. . . . . ....... - . . -' : '-""'" "'" I """' · . '.. ..\; :--7: ~~'~ \~y.DE: -= 1,;.'"::::......>0:'.. .:--~:.~ ~ .~..;.;.~. ;,~.' ..... --->_ ,........ _IT_V 1 1111 Y . . -.,- :::: -'" --I '\ t \\ .: ;....4 ~-l h ,,'"""-, - ~ r '....-" ...;. r.... -.... .- - . ~:s _1'-. , .-"""!; .-- I) _.......-..__.._-_...._~--.,-------_._..- ..~ ~ .,j- -----~--~~ EXHIBIT "B . Typical Parking Detail - -- .- I ..... -- I \ \ I \ , \ \,1 1 ,Y- ,a:- I I : \8 \ I \ If ~ \ ,!: I \ \' _ I J " ,1i\ ill ~:~ ~... r~\ \ \ \ --.J ) -_/ ',-:\ _ ~it__ ' Land Use Office loning co, Woolbright Rood I \ ~ "a CoI- ..-. ---.... .. -" -.-" - .- - - -- - - ; -::. -:= .-,; -;... === ~.. 1 f' r, \ \ E*W'CI ' P\n'O .,no I It \ \ \ \ I , -.. 1\ I \ i I ia~ \ EJIIIWlO i ! I ; Nf'Ol:O I MI::OOflC*lI SI \ I , \ ' 110'__,\' I ... " ( _i -, I \\ , J\l" \ \ " .' \. ( ~. / \ \ --)- \ \ \ I , \ \ If' \ ,., U '. Q) ::l C ID ~ '" '" ID 01 c: o U ..c:_ ~1lI\ I!. IT: .AC_ I~ .._if.- - ,. t ...~- -- --- -- ) -\' d, --' Nlr.nit ,;\'.41' Land-Use High DensitY Resldent\ol (12.6 O\J./AC.) Zoning R 1 AA-PUO 6 -------,~------.,. <t 9 ,.. , t". 9' ...,. -.... ~\. - - ~ mL 5u~C{ 1~2U _CII = '6 S P't'\.ON stGNS ~ SIGNS "" -'--' -- Site Plan ------- ----. I ~ -I , . c:I . .' I c:I ' - I \ , I : ~ N I I I . ~ it - EXHIBIT "B" . Future Tenant , --- t , , . I . . I t I t I I r ~ I . , . = I Q N EXHIBIT liB'" , 12'.0. t .~ f - . . . . '. --. ~ rl!l!JBE CONNECTnON' 8j C 1- "~ l.. ' I..l' .r' C,.J - . . -', -. . -~-_._.~. '" J GOODJYE/tR 03 . c:-' ;., .- Future Tenant Future Tenaat Future Tenant Future Tenaat Future Tenant Future Tenant Future Tenant Future' Tenant -, I I . C:-' ;..' 1 EXHIBIT "C'''- ON ..... , , . ~ M - . ~ CI ON ~ I ' .. .<,f/ '\, '{.. vi' 4!'b / >...1; i..'~~ ~~')l.i. ,-" . *' 'O"r tA" ~.,,)' ~, , I I ! 12'.0. ....~ ~~~. ~ ~~''l( \,t- i , / I - : \,)" ....~ 11U).f . ,v X I \c, /1 _ ~'-: {0- j .....~ v ; '.:1 "'cl' . CI I ;"1 1,...(1 .- . - - -- ~1~ 1/ r rFuture Tenant / ./ ~ Future Tenant Future Tenant / / Future Tenant Future Tenant Future Tenant ~Future Tenant -- -: , \ \ " ........ " ........ . f , Af'~ ~/>r ~/~ . ~",/' . -' ~, ~'~ o c. .J .~. , ii3. ~\~ il,_. \~ '~ i;, -,_.,-~~~"~----_.~---_._--'~.. - EXHIBJI "C"- ~~ N -~ , . = ' . = '. .,.. .' /f 9 = N, , ~ I I f i i . = . = .,.. J. f. " \ if // 't "~ ~ t!/.;f (~~'~;~- , \\('-' ,~ : v .~ . , ~fv" /r I'uture Tenant , . / xf:/p{.' '- \(-.' VJ V f./ ~\' ~V\l} t?\~~ , ~~ I \ ,1.:Fj, ~ ,0 At" ~ '\~ ~ I 11'.0. /' / /' /c?/ I\. . ~.; ~~*~~~!~~ :.,~t:~~"~ ~.--, .. ~_.. 9 EXIBIT "D" Conditions of Approval Project name: Auto Care Centers of America File number: MSPM 98-002 Reference: The plans consists of 1 sheet identified as Auto Care Centers Sign Program with a September 17. 1998 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREA nON Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Add to sign details color codes to properly delineate exact colors proposed. 2. Reduce both pole signs below the maximum height of 20 feet. 3. Replace the single pole base on the secondary sign with the arch- enhanced base proposed for the primary sign without increasing sign area. 4. Reduce width of primary pole sign to width of secondary sign (11 feet) or less to reduce the bulk of the sign and increase compatibility with project scale. DEVELOPME ; ORDER OF THE CITY COMMIS _ IN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Auto Care Centers of America APPLICANT'S AGENT: Annette Stauffer, Sign Craft APPLICANT'S ADDRESS: 8355 Garden Road, Riviera Beach, Florida 33404 DATE OF CITY COMMISSION RATIFICATION: October 6,1998 TYPE OF RELIEF SOUGHT: Major Site Plan Modification (sign approval) LOCATION OF PROPERTY: Southeast corner of Woolbright Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -1L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby -1L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\5HARED\WP\PROJECTS\Autocare - Heise PCD\MSPM 9S-002\Development Order.doc Ar ALLTERRAENGINEERING & TESTING, INC. CAROL DREW PRESIDENT ABDEL KARIM-CONRADO, FE, PhD VICE PRESIDENT E WAYNE DREW VICE PRESIDEN' Ma y 6, 1 9 9 7 Spanish River Construction 943 Clint Moore Road Boca Raton, Florida 33487 Attn: Mr. Bob Kleinhenz RE: SOIL REPORT - Proposed Retail Store - SECTION #32, TWNSP #45, S.RGE. t43E - Boynton Beach, Florida Gentlemen: The following is a report of the soil investigation for the proposed structure on the above referenced site. The testing is ln accordance with accepted Engineering practice and paragraph 1804.2.7.2 of the Footings and Foundations Code of Palm Beach County. A total of One Standard Penetration Test was advanced at natural grade to the depth and at the location as noted on the attached boring logs. As can be seen from the attached boring log, foundation soils consists of Brown and Grey trace of roots. the majority of Medium Fine Sand, l~ the The water table was noted as occurring approximately 3~-4' feet below existing ground elevation immediately upon completion of bor ings . Q .' II.) Based on the "blow count" of the foundation soils are generally in a density. Due to the relative density following recommendations are made bearing value of 2,500#/FT.2. Split Spoon Sampler, the " Medium" state of relative of the foundation soils, the to achieve a minimum soil 1. Complete normal clearing and grubbing operations over the entire building pad area. (The building pad area is defined as an area a minimum of five feet beyond the proposed building lines). J 98 ... ! '19" 10 850 Indiantown Road . Jupiter, FL 33458 . (561) 575-0012 820 8th Street. Unit #4 . Lantana, FL 33462 . (561) 547-7260 ~' f ... R '. I) f f x ( 1-' I I } ..._!.,_!_ Ar ALLTERRA !:HQIN(I''''HG ... T'!STI'WG I,.::; Proposed Retail Stor~ - SECTION #32, TWNSP #45, S.RGE. #~ ~ - Boynton Beach, Florida Spanish River Construction Ma y 6, 1 9 9 7 2. At this elevation, apply a vibratory compactor using a "Vibratow III" or equivalent with a minimum of four passes. 3. If required using a clean, suitable fill material, fill the building pad area in one-foot lifts to the finished pad elevation using the same compac- tive effort as noted above. 4. Test the completed building pad area to ensure a minimum density of 95% of the modified proctor. Following the above procedures, a minimum soil bearing value of 2,500#/FT.2 can be anticipated for the proposed structure. This value is based on a footing width of 18" to 34" with the bottom of footing located a minimum of 12" to 24" below the finished pad elevation or standard monolithic slab construction. Note should be made that this investigation may not depict variations that possibly exist intermediate of the attached boring locations or in untested areas of the property. Should variations become evident, this office must be contacted to re-evaluate our recommendations based upon on-site inspection and/or testing of the variant conditions. It shall be the responsibility of the owner or contractor to main- tain the building pad in a manner that will preclude soil erosion. Note should be made that "proper consideration by the owner or contractor shall be given for the protection of the adjoining buildings and properties, prior to the commencement of work." If you have any questions concerning this report or desire any additional information, please feel free to contact our office. Very truly yours, ALLTERRA EYG:NE~NG & TESTING, INC. .0;; /'---. /// '~i.--~:..-:?'" ...... ..-'. / . "".!.. ---..-:,~ ------- ----- ABBEL KARIM-CONRADO, P.E. Vice President AKC/lr Enclosures * This investigation was for structural purposes only. Environmental conditions and/or water purity are not a part of this investigation. 2 of 2 Page Authorization for publication of statements, conclusions. or extracts from or regarding our reports IS reserved pending our written approval Ar ALL TERRA ENGINEERING & TESTING, INC. 836 Indiantown Road. Jupiter, Florida 33458 . 575-0012 REPORT OF AUGERS (Preliminary) PROJECT Proposed P.etail Store - Section 32, tvmsp 45 S.Rge 43 E,Bovnton B CLIENT Spanish River Construction SAMPLEDBY SG/L™ DATE 4-18-97 JOB NO. 97-126 Water TABLE LOCATION DEPTH Northwest corner of lot 0"-3" 3"-2 ' 2'-4' 4'-7' 7'-10' Northeast corner of lot 0"-3" 3"-6' 6'-10' Southeast corner of lot 0"-3" 3"-6' 6'-10' Southwest corner of lot 0"-3" 3"-2' 2'-4~~' 4~'-10' DESCRIPTION Brm'1n ~~edi urn p' Sand, _.lne trace/roots Brown ~1edi. Ur.1. Fine Sand Grey ~~edi urn Fine Sane. Brown J.1edium Fine Sand Light BrONn r1edi um Fine Sand 4 ' Brown Hedium Fine Sanc., trace/roots Grey Hec i UIT. Fine Sanc. Brown ~~edi um Fine Sand 4 ' BrO\'1n Mediurr. Fine Sand, trace/roots Grey ~~edi Ul"" p' Sand ..lne Brown ~'e di um Fine Sand 4 ' Brown Medium Fine Sanc. , trace/roots Brown ~!edi urn Pine Sanc. Grey r"edi urn Fine Sane. Light Bro,.,m r~edi UIr. p' Sand 4 ' ..lne *Irnreediate Water Table *pad not staked at tirr.e of testing *If organic material is encountered, it ~ust be removed These Soil Boring Tests are Representative 01 and Apply to the Exact Location and Depth 01 the Boring. Authorization for publication 01 statements, conclusions. or extracts from or regarding our reports is reserved pending our written approval. Ar ALL TERRA ENGINEERING & TESTING, INC. 836 Indiantown Road · Jupiter, Florida 33458 · 575-0012 PROJECT - - LOCATION ApproxiIT'.a te Center North 1/3 of BORING NO. 1 lot DEPTH DESCRIPTION OF MATERIAL Sample Blows t DEPTH No. PerFoo 1 Sand, trace/roots 2-3 1 2 0"-3" Brown ~~edi urn Fine -4 2 3 3"-3 ' Brown r.~edi UTI'! Fine Sand -5 3 4 3 '-6' Grey r~edi UIl'l Fine Sand -6 4 5 }- T 5 6 6'-8' Brown ~edium :rine Sand ~-4 6 7 5-7 7 8 8'-12' Grey r.~edi urn Fine Sand 6-l3 8 9 7-9 9 10 - LO 10 11 - ( 11 12 12'-15' Dark Brown r,1edium Fine Sand - 12 13 -s 13 14 I - f 14 15 - 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 37 38 38 39 39 40 40 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 Proposed Retail Store - Section 32, TwnshD 45 S. Rge 43 E,Boynton CLIENT DRILLER SAMPLER DATA Spanish River Construction JOB. NO. SG/ JM WATER TABLE 4 ' DATE 2' Sn1it snoon 2" D.D. in accordance with AST~-D-l~l3b 97-126 4-18-97 These Soil Boring Tests are Representative of and Apply to the Exact Location and Depth of the Boring. AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. Ar ALL TERRA ENGINEERING & TESTING, INC. 836 'ndiantown Road · Jupiter, Florida 33458 · 575-0012 PROJECT -. - - , - - , LOCATION JI..p:nroxi TI1C'l. te Center of lot BORING NO. 2 DEPTH DESCRIPTION OF MATERIAL Sample Blows 1 DEPTH No. Per Foo 1 0'-2' Brown r~edi urn Fine Sand 1.- ,.j 1 2 3-4 2 3 2'-4' Grey ~1edi urn Fine Sand t:;-7 3 4 b-7 4 5 4'-7' Brown Medium Fine Sand f-6 5 6 t-4 6 7 7'-11' Grey nedium Fine Sand t _ t 7 8 f- 8 9 c_ 9 10 11'-15' Dark Medi urr. Fine Sand 8- 10 11 Brown 9-9 11 12 R-7 12 13 R-8 13 14 '7_ '7 14 15 Q_ '7 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 37 38 38 39 39 40 40 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 Droposed Retail Store - Section 32 Twnshp 458 Rae ~3 E Boynton Bc CLIENT DRILLER SAMPLER DATA Soanish River Construction - S C/ Jr~ WATER TABLE 3 ~ ' 2' Snlit Spoon 2" O.D. inaccordance JOB. NO. 9 7 -12 6 DATE 4-.l1::1-Y I wi th ASTN-D-1586 These Soil Boring Tests _ Representative 01 and Apply 10 the Exact Location and Depth 01 Ihe Boring. AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. Ar ALL TERRA ENGINEERING & TESTING, INC. 836 Indiantown Road · Jupiter, Florida 33458 · 575-0012 PROJECT .. ". - -- LOCATION Approximate Center South 1/3 of BORING NO. 3 lot DEPTH DESCRIPTION OF MATERIAL Sample Blows t DEPTH No. Per Foo 1 1- 1 2 0"-3" Brown ~ediurr. Fine Sand, trace/roots - 2 3 3"-2' Brown ~1edium Fine Sane t _ 3 4 f- 4 5 2'-5' Grey Medium Fine Sand t_ 5 6 5 '-7' Brown ~~edium Fine Sand & _I 6 7 t_ 7 8 Hedium Fine Sand f- 8 9 7'-12' Grey - 9 10 6- 10 11 & - 11 12 12'-15' Dark Brown ~~edi urn Fine Sand ~ - 12 13 ~ - 13 14 6- 14 15 6- 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 37 38 38 39 39 40 40 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 r 7-1" 6 Proposed Retail Store - Section 32, twnsp 45 S. Rge 43 E,Bovnton B, Snan1sh R1ver Const_uct1on CLIENT JOB. NO. DRILLER SG/.nlf WATER TABLE 3~' DATE 4-18-Y I SAMPLER DATA 2 I Su1i t Spoon 2" O. D. in accordance wi th AST~1-D-1586 These Soil Boring Tests are Representative 01 and Apply to the Exact Location and Depth of the Boring. AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAl. Sun-Tech Engineering, Inc. 3407 N.W. 9th Avenue, Suite 250 Fort Lauderdale, FL 33309 (954) 568-2262/ Fax (954) 568-2128 March 16, 1998 City of Boynton Beach Attn: Mr. Bill Sy 100 East Boynton Beach Blvd. Boynton Beach, FL. 33425 RE: BOYNTON SHOPPES SUN-TECH NO. 97-2189 Dear Mr. Sy: Based on a 18,738 SF. building, the proposed water and sewer flows for the above referenced project are as follows: 18,738 SF. x 0.1 GPO = 1,874 GPO SF. 1,874 GPO x 1 ERC = 5.4 ERC's 350 GPO Should you have any questions or need additional information, please feel free to contact me at this office. Sincerely, W:-I~, t~ William M. Fenno, P.E. Principal , '. ::---.' . RECO~ AND ~ro: 1(9 WEINER, MORICI & ARONSON PA 102 N SWINTON AVENUE DEWY BEACH FL 33444 DEC-12-1997 9:21al 97-4'.3841 ORB 10130 P9 '903 I .............. Con ~m~ 08-43-45-32-00-000-3040 0.-. 11 '1m: ~f~1~, ,!~!.r~~!y or Deed December, 1997 A.D.. Between WESTLAKE HARDWARE, INC., a corporation existing under the laws of the state of Delaware of 1be CcaIty of BOYNTON SHOPPES, INC., the state of Florida t S_of Kansas ,grantor, ud a corporation existing under the laws of who.ulfreuiJ:943 CLINT MOORE ROAD, BOCA RATON, Florida 33487 ordlcCoUlllyof PALM BEACH State of Florida , grantee. Witnesseth dlat 1be 01tANT01l. for UIll iD. COIlliclemi01l of the 111m 01 - - - - - - - - - - - - - - - - - - - - - - - TSN & NO/IOO($lO.OO) - - - - - - - - - - DO~. UICl ocher loocIlIIlI valuable eODSilfentlan III GRANTOR In Ilud paid by t?MNTBB. the reeelpt whl'Jl'llOf III hel1lby acIcnowle4,.. has 'I1lnted, "'1I~ ud told III Ihe aU OJlANTBB Ind ORANTEE'S IUCCMson and aSlip' forever. the followilll (leseJtbed ImI. .Itu~. trial and being ill the Coualy eX PALM. BEACH sa. 01 Florida III wit: SEE EXHIBIT "A" ATTACHED HERETO. Subject: to restrictions, reservati.ons and easements of record, if any, and taxes subsequent to 1997. Togetber wtdt an 1ICDIlIIIeIID. hencllla.-lllI InlI IPJIIlrll:DaDCe' lbentO beJonaiIll or ia .."wise 1lPl"'l'lllinln,. To BaTe 8Ild to Bold, IbI __ in tee .... fcmver. And 1IIc JlllllDr hereby covelWIU wiIb ~ Inntee dIIr 'rlflblr Is lawtully seized 01 aid land in fee simple: rhat If'IIIlDr bu ,oocI rigllt and lawful 1I1rhl'rIty 10 .U m1 COIlVcy Aid 1IDd; dial Il'IfIfDr IleRlbr tally WItr3IIb the tllle to aid WId ud wln deferd die tIII1e &pluM dill lawfuI dairrrs of aU penoru cJaiq by. duoush or uDder 'r&l\I()r. In W as Mereof, lIIl fIIIIIDr 111$ 11C1CI1ll1ll ~ Ibeir hand and NIl ~ fty al14 yesr (tm IItvwe wrtnen. Sf eel and deJ''ferN our presmct: WESTLAKE HARDWARE, INC. J . (:'Jill]) Pr ed Name: Witness ~~ J....~~n~:r ~Qldb'il' Witness (Seal) (Seal) '. .;.~ STATE OF ltANSAS COUNTY OF jO~__ Tbe fanJoIaI IaIIIaDd 1m aclmowledied beCoIe me filiI HOWARD W. BLSBERIlY . PRESIDBNT WBSTI..AKB HARDWARE, ~ 011 beWrt!ldle~. r -,. """'.. Jl,JS . . t! DEBRA FROST ;: Notary Public .Sta~ of Kansas 'I' ,!iJ./ ~-- :' My Appt EXplre!;..._, ,,,cu- .._ .......1': ..: t "'. . . .!', c. '. ~~.. ","'~ :. (corpo~cite Gcal.> ;::; :". ~ 'II, .'. ' .;~ -- ...... ~ -, day of December, .1''9~ '~'!'i Iind ANNa W. ELSBBRRY . SBCRBTARl of. .-.... '. . . Delaware . "Oolpo~..' " IDIIIll IIave procluced dlelr ~ ~:t- Notary Public ..".:..................~~-....=:. -"".~.... _....w,.;~ ..AJHlJ A1\JlJ H~'l'URN '1'0: u _ A'iEINER, MORICI ~ ARONSON PA /~ 102 N SWINTUN AVENUE . .. D~YBEACHFL 33444 f ORB 10130 pg 904 . DOROTHY H. WILKEN, CLERK PB COUNTY, FL EXHIBrr "A" A parcel of land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows: 'J. From the Northwest corner of said Section 32, said corner being on the centerline of the 120 foot right-of-way of Congress Avenue; thence run South 01 degrees 23 minutes 24 seconds East, along the West line of said Section 32, for a distance of 951.12 feet; thence run North 87 degrees 40 minutes 08 seconds Bast along a line 951.00 feet South of and parallel with, as measured at right angles to, the North line of said Section 32, for a distance of 63.57 feet, to the Point of Beginning of the Parcel of land hereinafter described; thence continue North 87 degrees 40 minutes 08 seconds East, along, the last described course, for a distance of 351.48 feet 1 thence run North 01 degrees 23 minutes 24 seconds West, along a line 415.00 feet Bast of and parallel with, as measured at right angles to, the said West line of Section 32, for a distance of 594.08 feet; thence run South 87 degrees 40 minutes 08 seconds West, along a line 357.00 feet South of and parallel with, as measured at right angles to, the said North line of Section 32, (also being 64.00 feet South of the centerline of woOlbright Road) for a distance of 117.30 feet; thence run South (1J. d~ees 23 minutes 24 seconds East, along a line 297.72 feet East of and parallel with, as measured at right angles to, the said West line of Section 32, for a distance of 200.00 feet; thence run South 87 degrees 40 minutes 08 seconds West, along a line 556.97 feet South of and parallel with, as measured at right angles to, the said North line of Section 32, for a distance of 221.75 feet; thence run South 01 degrees 23 minutes 24 seconds East along a line. 76.00 feet East of and parallel with, li:s measured at right angles to, the said West line of Section 32, for a distance of 200.00 feet; thence run South 02 degrees 16 minutes 19 seconds West for, a distance of 194.69 feet, to the Point of Beginning. -' 'J' 7.A.1 REZONING HEISE/AUTO CARE CENTER OF AMERICA PCD DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-293 TO: Chairman and Members Planning and Development Board Tambri J. Heyden, AICP 7;t--tL Planning and Zoning Director THRU: 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 liB"). 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-of-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-of-way West n/a Congress Avenue right-of-way Farther west C-3 vacant bank building PROPOSED DEVELOPMENT (see proposed master plan - Exhibit "8") 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 Maximum structure height................................. 45 feet c:< 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 not 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 J 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) ANTlCIPA 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 tf 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 liS" 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 liS" tiles. 5 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\main\SHRDA T A \Planning\SHARED\WP\PROJECTS\AUTOCARE\REZN\staff-report-heise.doc b ~...~---_._.._.,-_.- - ~ -"'-"- EXHIBIT "A" LOCATION MAP 7 .__.-._--~-"----------- '" \-~.\SE pce LOCAT\ON MAP ~7"" -f;~::""":- \ U \ \".' \' i ,\ gL.--~\: \ :~i B ~::? ~ \1 i~ ~~'::J:2nC': 3 '"l ..~r:~: ( - j --:'1"- ~ r't-:-"'" }~ ;r - -- ~ u o \'0 1/8 1\ \ l~O\~O fEET Dl..A to/. - . -- ( --- \.--,--~-- EXHIBIT "B" PROPOSED MASTER PLAN AND BUILDING ELEVATIONS 9 o u ID E E 0> 8f:;"( =5U 0..., 1ii e:: o u "g Q) :J C Q) ~ :a Q) 5> c o U Typical Parking Detail _ Land Use Office Zoning C-1 Woolbright Road ADT 1n7ll3 Out 100 / 0=', =C) .: <t t :2:' II: II: I! : ______ r:::'" em. I I : , \\ // S87"AO'08:!'L Zl.Jl5' ==.l I.....: " - - J...... I n lJllH~J . ~L/ /, t'i ~ ~ I f:0 ._.___-i1---.:.::=-L -- -::- ':::1;-": ------- ~ IsT~..~~:;;:::.~ ~-...,y-"c.=..-- ~ ~l /@ , ~ I \ ;J~~ -tlgn~' -~~f' \!!. ~ :~SF~, _'!:_. ' ::; 117 Setbocl< - - - i SIopSgn II< I ~ I.- Slop Bar 'Ii'" 0- v_ /l 1.1 T~ ~I' - - -l! ~~~iI- 111110 Outl102 ...... ExISting Pump Island I I ---" exISting Amoco I McDonalds I '.=-) ill liZ' P",po.'" !!-r._~~_ Q) I.- ......1 ! .- III III ~ t ,.. ~-~ I I I -t,.' -;- - _2!.'__ ) i' ~I -r'- SIopSgnIl<~~ - =L_- Slop Bar ---... II _ -''''~ v_~ - ~~~-ll-t'- T~ - ) ACT z,.~ sJ -llIi ~ I!. Retenf10n Q36 AC181 9" Q) @ .... -~ .... ...... ,.-- """""'" ------'/' 114"";;;;'-- d j~il'- -- 4~!- NST AO'08'E 351 AS' Land Use High Density Residential (12.6 Du./Ac.) 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UJOOLBRIGI..H ROAD 4 CONGRESS AVE.., BOYNTON BEACt1 -- ,...1111" .~ "'_tW ~..... , -f ~ X .. .. J> lP In -f -f ~ lR III r Iii -f III ~ ~ ~ -f -f ~ ~ ~ !!' Pi ~ 0:; ~ !!' . ... !!' 0<; ~ 0<; ~ ~ "'_IW. ,.... ....."'. 7"I'.IV2O _.1 an- "'...". ~.~ ~ - '" , OIl I . I-I .. I I I - .. ~' .. .. ~ .. . .'1 .. ~ , I I I .. - .. - ~] --- .. ~ I I 1 ~ .. I-- .. I-- .. - .. - 1 I I - .. ~\\ .. .. II . .. l? .~.".....j . FF'I~ ". ."~~"'" ~ :~.......--!, -'I . .. ,t.;c.. "..' '11., ... -ij .. T11 - - .. - - .. - 1TI - - I-- ~I - - I I I .. ,,\ -:; 11 - J - - TTI " I ~. ....IW" & .. I ~ ~ .. :1 iR ,. I f- ~ J:!/ ". 'I.." ."....... eO-r'NTON ~Of='f='Ef>, f='CO. ,. " ", "010,9t.~R1GI::-IT ROAD 4 CONGRESS AVE., BOYNTON BE ACI::-I, ~. . - :;J. ~.".;jt. ..~..., -, _.' ;". :;... ,,:: .,.-... /~ ~ ------ z c 0 ~ ~ 2<4.'-'- 1: )2.... ~ m 1: r m m ~ ~ -- ~. -- r ~ } ~ : m -( ~ l> ~ ~ 0 z l'i !Ii ~ ~ '" '" ~ --: . .., .., ~ ~ 14'... eO"T"N+QN ~OPPEe, peo ~_~t~~ I'H :J_ -"'~<=JC.UT &2,"= 52..... 4. r:nN(;E;?l=~~ AvE, .E~Q~tNTQN BE4~!i ATTACHMENT "C" CONDITIONS OF APPROVAL AND PROPOSED DEVELOPMENT ORDER If -~.~ -- ~~- --"- ".,.....'---_._'--...~.-------------_._-_._---....._-_._..,._..__..-".,,----- -. '-"'---'--'-- - --~~--_._--_._-_...._"'-~"--'-'----~-,---,-,----- 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 development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk s:ca\wp\forms\Devetopment Orders 15 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 UTI L1TI ES 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. /(P 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). /7 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 /8 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 "An 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 "An 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 "S" tiles (terracotta blend), comparable 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 liS" 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\ NOTICE OF PUBLIC HEARING NOTICE OF REZONING , ,_:,~"~-'~"""'" ""'M"".. ,.,,, \ (i~ if I' r' (" n \~' i n i,., i ',: ..-: 1'\' ;..JL JUN 2 0 lC"i' ;'C'I 1- I ~( u c.,. //2-'-- I j/}'\ t) /7 '- -"~? ' ) '" ?"",_ I\..- ,-_.-~ NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, June 24, 1997 at 7:00 p.m., to consider a rezoning request submitted by Anna S. Cottrell & Associates, Inc., agent and Auto Care Centers of America, Inc. for 3.63 acres of property located approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to consider this rezoning request on July 15, 1997 at 7:00 p.m., or as soon thereafter as the agenda permits at the City Hall Commission Chambers. NATURE OF REQUEST: To rezone the property described below from C-3, Community Commercial to Planned Commercial Development (PCD), including master plan approval, and use approval to allow for the construction of multiple buildings including an 8,085 square foot building designated for retail uses and a 10,445 square foot automobile service plaza to provide tire sales and replacement, oil change and other detail services. LEGAL DESCRIPTION: A parcel of land in section, 32 township 45 south, range 43 east, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows; From the Northwest corner of said section 32, said corner being on the centerline of the 120 foot right-of-way of Congress Avenue; thence run south 010 23' 24" east, along the west line of said section 32, for a distance of 951.12 feet; thence run north 87040' 08" east along a line 951.00 feet south of and parallel with, as measured at right angles to, the north line of said section 32, for a distance of 63.57 feet, to the point of beginning of the parcel of land hereinafter described; thence continue north 87040'08" east, along the last described course, for a distance of 351.48 feet; thence run north 00 23' 24" west, along a line 415.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 594.08 feet; thence run south 87040'08" west, along a line 357.00 feet south of and parallel with, as measured at right angles to, the said north line of section 32, (also being 64.00 feet south of the centerline of Woolbright road) for a distance of 117.30 feet; thence run south 010 23' 24" east, along a line 297.72 feet east of and parallel withJ as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 87040'08" west, along a line 556.97 feet south of and parallel with, as measured at right angles to, the said north line of section 32, for a ,distance of 221.75 feet; thence run south 0023'24" east along a line 76.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 020 16' 19" west, for a distance of 194.69 feet, to the point of beginning and containing 3.6332 acres more or less. ~SMISSION VERIFICATION REPORT TIME 07/07/1997 13:19 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO. 1 NAME DURATION PAGE(S) RESULT MODE 07/07 13:18 6054 00:01:14 02 OK STANDARD ECM ~ /u j( ~A(~ f 4J1J~~ -.... r I_.~ 1-1(. - .-" ,- \. , '- . ~ /;.;:. _ z\.- - -~J"_ NOTICE OF PUBLIC HEARING NOTICE OF REZONING ~ "- - \ ~ NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, June 24, 1997 at 7:00 p.m., to consider a rezoning request submitted by Anna S. Cottrell & Associates, Inc., agent and Auto Care Centers. of America, Inc. for 3.63 acres of property located approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to consider this rezoning request on July 15, 1997 at 7:00 p.m., or as soon thereafter as the agenda permits at the City Hall Commission Chambers. NATURE OF REQUEST: To rezone the property described below from C-3, Community Commercial to Planned Commercial Development (PCD), including master plan approval, and use approval to allow for the construction of multiple buildings including an 8,085 square foot building designated for retail uses and a 10,445 square foot automobile service plaza to provide tire sales and replacement, oil change and other detail services. LEGAL DESCRIPTION: A parcel of land in section, 32 township 45 south, range 43 east, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows; From the Northwest corner of said section 32, said corner being on the centerline of the 120 foot right-of-way of Congress Avenue; thence run south 010 23' 24" east, along the west line of said section 32, for a distance of 951.12 feet; thence run north 87040' 08" east along a line 951.00 feet south of and parallel with, as measured at right angles to, the north line of said section 32, for a distance of 63.57 feet, to the point of beginning of the parcel of land hereinafter described; thence continue north 87040'08" east, along the last described course, for a distance of 351.48 feet; thence run north 00 23' 24" west, along a line 415.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 594.08 feet; thence run south 87040'08" west, along a line 357.00 feet south of and parallel with, as measured at right angles to, the said north line of section 32, (also being 64.00 feet south of the centerline of Woolbright road) for a distance of 117.30 feet; thence run south 010 23' 24" east, along a line 297.72 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 87040'08" west, along a line 556.97 feet south of and parallel with, as measured at right angles to, the said north line of section 32, for a distance of 221.75 feet; thence run south 0023'24" east along a line 76.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 020 16' 19" west, for a distance of 194.69 feet, to the point of beginning and containing 3.6332 acres more or less. Page 2 Notice of Rezoning All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION (561) 375-6260 PUBLISH: The Post June 16, 1997 and July 7, 1997 s:\projects\autocare\rezn\legalnolwpd c: City Manager, City Attorney, City Commission, Planning, Files " lUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Planning and ZoninQ PREPARED BY: Michael Rumpf DATE PREPARED: June 5.1997 BRIEF DESCRIPTION OF NOTICE OR AD: RezoninQ of Auto Care Centers of America. Inc. located approximatelv 160 feet south of the intersection of ConQress and WoolbriQht Road on the southeast corner SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard LeClal Ad for Planning and Development Board meetinCl on June 24. 1997 at 7:00 p.m. and City Commission meetinQ of Julv 15. 1997 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adjoining property owners. applicant and Planning and ZoninQ Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: June 16.1997 and July 7, 1997 LAST DATE TO FAX TO NEWSPAPER: June 12.1997 APPROVED BY: I . <- 0,2j' ,1 ") ..-' .. f (1) .-', ,_,L<.....-"/ Y..L..'.;J, ~/ ~.- \- / ,/ / . "'L-{... " (Originator) 0,' j ?///lc(7 (Date) , (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: s:\projects\autocarelreznllegalnoLwpd NOTICE OF PUBLIC HEARING NOTICE OF REZONING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday,. June 24, 1997 at 7:00 p.m., to consider a rezoning request submitted by Anna S. Cottrell & Associates, Inc., agent and Auto Care Centers of America, Inc. for 3.63 acres of property located approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to consider this rezoning request on July 15, 1997 at 7:00 p.m., or as soon thereafter as the agenda permits at the City Hall Commission Chambers. NATURE OF REQUEST: To rezone the property described below from C-3, Community Commercial to Planned Commercial Development (PCD), including master plan approval, and use approval to allow for the construction of multiple buildings including an 8,085 square foot building designated for retail uses and a 10,445 square foot automobile service plaza to provide tire sales and replacement, oil change and other detail services. LEGAL DESCRIPTION: A parcel of land in section, 32 township 45 south, range 43 east, City of Boynton Beach, Palm Beach County, Florida, being more particularly described as follows; From the Northwest corner of said section 32, said corner being on the centerline of the 120 foot right-of-way of Congress Avenue; thence run south 010 23' 24" east, along the west line of said section 32, for a distance of 951.12 feet; thence run north 87040' 08" east along a line 951.00 feet south of and parallel with, as measured at right angles to, the north line of said section 32, for a distance of 63.57 feet, to the point of beginning of the parcel of land hereinafter described; thence continue north 87040'08" east, along the last described course, for a distance of 351.48 feet; thence run north 00 23' 24" west, along a line 415.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 594.08 feet; thence run south 87040'08" west, along a line 357.00 feet south of and parallel with, as measured at right angles to, the said north line of section 32, (also being 64.00 feet south of the centerline of Woolbright road) for a distance of 117.30 feet; thence run south 010 23' 24" east, along a line 297.72 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 87040'08" west, along a line 556.97 feet south of and parallel with, as measured at right angles to, the said north line of section 32, for a distance of 221.75 feet; thence run south 0023'24" east along a line 76.00 feet east of and parallel with, as measured at right angles to, the said west line of section 32, for a distance of 200.00 feet; thence run south 020 16' 19" west, for a distance of 194.69 feet, to the point of beginning and containing 3.6332 acres more or less. Page 2 Notice of Rezoning All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION (561) 375-6260 PUBLISH: The Post June 16, 1997 and July 7, 1997 s :lprojectslautocare\rezn\legalnot. wpd Page 2 Notice of Rezoning All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION (561) 375-6260 PUBLISH: The Post June 16, 1997 and July 7, 1997 s:\projects\autocare\rezn\legalnolwpd c: City Manager, City Attorney, City Commission, Planning, Files