CORRESPONDENCE
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent 1. Kastarlak, NCARB
DirectJr
Building
Plan/zing & Zoning
Engineering
Occupational License
Community Redevelopment
VIA FACSIMILE 561-997-9877
April 9, 1998
Martin P. Heise, President
Auto Care Centers of America, Inc
943 Clint Moore Road
Boca Raton, Florida 33487
Re: Unified Control Document
Boynton Shoppes PCD (Heise PCD)
Dear Mr. Heise:
As per the attached memorandum from the city's legal staff, your submitted unified control
document is approved and must now be recorded in the County records. However, please make
note of the attorney's remark about inadequate space for recording information. Please provide
this office a recorded copy of the document.
Sincerely,
T-- . !
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Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dim
Attachment
J:ISHRDA T A IPLANNINGISHAREDlWPIPROJECTSIAUTOCARE - HEISE PCDlUNIFIED CONTROL DOC - RECORDING.DOC
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
CITY OF BOYNTON BEACH
MEMORANDUM
FROM:
Michael J. Pawelczyk, Assistant City Attorney
TO:
Tambri Heyden, AICP, Planning and Zoning Direc
RE:
Unified Control Document
Boynton Shoppes PCD (Heise PCD)
DATE:
March 20, 1998
PLANNING AND
ZONING OEPT.
This is in response to Development Department Memorandum No. PZ 98-084, dated March 18,
1998, and regarding the above matter. The legal form of the Unified Control document is
acceptable to this office, provided that it can be recorded in the Public Records of Palm Beach
County. Generally, the Recording Department for the county requires that the top right hand
comer of the document provide adequate space for recording information. When sent for
recording, the county may return this document, if sent in its current form, with a request for
more space in the top right-hand comer.
Should you have any questions, please do not hesitate to contact me.
ca\develop\boynton shoppes\unified control memo
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 375-6259
PLANNING AND ZONING DIVISION
to:
Anna Cottrell
fax #:
561-832-4626
from:
Tambri Heyden
date:
March 11, 1998
re:
Outstanding Conditions of Approval - Heise PCD (Auto Care
Centers of America Inc.), REZN 97-001 - Rectified Master Plan
pages:
6 , including cover sheet.
IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL 561/ 375-6260
J :\SHRDA T A\PLANNING\SHARED\ WP\PROJEcrS\AUTOCARE\FAX FORM. DOC
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
375-6260
Fax: 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent l. Kastarlak. NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
March 10, 1998
Anna S. Cottrell, President
Anna S. Cottrell and Associates, Inc.
The Comeau Building
319 Clematis Street
West Palm Beach, FL 33416
Re: Outstanding Conditions of Approval
Heise PCD (Auto Care Centers of America Inc.)
REZN 97-001 - Rectified Master Plan
Dear Ms. Cottrell:
Attached are conditions of your master plan approval that remain outstanding after review of
your latest master plan drawings. Please recall that a building permit cannot be issued until a
rectified master plan has been achieved. If further assistance is needed, please contact my office.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dim
Attachment
Xc: Central File
J.ISHRDA TA \PLA:-J:-JINGISHAREDIWPIPROJECTSIAUTOCAREIOUTST ANDING COF A-REZN.DOC
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
Outs._,ldinq Conditions of Approval
Project name: Heise PCD
File number: REZN 97-001
NOT
DEPARTMENTS ADDRESSED ADDRESSED
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1. The Utilities Department requests a meeting with the project X
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: NEW COMMENTS DUE TO NEW CHANGES TO THE
PLAN
2. Show fire lanes - NFPA #1 Sec. 3-5. X
3. Show no portion of any building shall be over 200' from a fire X
hydrant - City Ordinance. I
4. All turning movements within site shall accommodate the aerial X
apparatus (i.e., 50' radius turns required).
5. Provide two 20'x50' pads behind the tire store and retail store to X
facilitate setup of aerial apparatus.
6. There must be a minimum 16' width on one-way lanes. X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
7. Provide a master stormwater management plan as specified in X
Chap.3. Art.IV, Sec.3T.
8. Provide a generalized statement of subsurface conditions plus X
location and results as they affect the site. [Chap.3, Art. IV,
Sec.3P]
Page 2
Heise, PCD
File No. REZN 97-001
NOT
DEPARTMENTS ADDRESSED ADDRESSED
9. Obtain Palm Beach County approval to outfall into the X
Congress Ave. storm sewer system.
10. All comments (except 11 and 12) shall be met prior to permit X
issuance.
11. All documents submitted shall be signed, sealed and dated by X
the appropriate design professionals per F.S. 471.025.
12. Owner shall provide the city with an acceptable hold harmless X
letter to insure against any errors or omissions on the survey
submitted by R.L. Vaught & Assoc., Inc.
13. Along the west side of the building there shall be a five foot X
wide sidewalk and a two foot wide planting area which will
require that the building move one foot to the east.
14. ft is recommended that loading zone screen walls be eliminated X
and areas striped appropriately (requiring an appeal to the
Community Design Plan to be filed). Walls will impact safe and
efficient traffic circulation.
15. It is recommended that the project not be considered by the X
Planning and Development Board if items 6 and 7 are not
submitted prior to the Board meeting.
16. In order to facilitate entrance to the site from the adjacent high X
speed arterials, all ingress driveway widths shall be 14' wide.
BUILDING DIVISION
Comments:
17. Since the site and building signage depicted on the plans does X
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]
18. Amend all plan view drawings to show compliance with the X
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,
Page 3
Heise, PCD
File No. REZN 97-001
NOT
DEPARTMENTS ADDRESSED ADDRESSED
Housing and Construction Regulations, Art. I, Sec. 5 of the
City's Land Development Regulations]
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments:
19. The applicant must submit a tree survey and a tree X
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).
20. The applicant must submit landscape and irrigation plans for X
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:
21. Submit a deed that contains a legible legal description. X
22. Complete the submitted "Comparison of Impacts" by indicating X
the proposed water consumption and sewer generated for the
subject project.
23. Submit the original of the signature page of the application X
(with original signatures of the property owner and agent) to
supplement the copies submitted.
24. Submit a legal document that constitutes evidence that the X
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:
Page 4
Heise, PCD
File No. REZN 97-001
I DEPARTMENTS
I ADDRESSED I ADD~~~SED I
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
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.
25. 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.
x
Page 5
Heise, PCD
File No. REZN 97-001
NOT
DEPARTMENTS ADDRESSED ADDRESSED
26. On the master plan, show required setback along Woolbright X
Road.
27. Provide consistency with regard to the name of the project. X
Master plan shows Boynton Shoppes, PCD and shows Heise
PCD.
28. Provide a unity of title document for Tract "A" and Tract liB". X
29. The south perimeter landscape buffer shall contain, at X
minimum, ground cover, an 18 inch high berm, a six foot high
concrete block wall, clusters of three shrubs or palm trees every
30 feet, a 24 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.
30. Provide statement of the subsurface conditions. X
31. Indicate the use of the portion of the property immediately east X
of the Woolbright Road egress/ingress driveway. This entrance
shall be appropriately landscaped to beautify the entrance from
Woolbright Road to the development.
32. Three copies of the master plan, rectified to address all X
conditions of zoning approval. shall be submitted prior to site
plan approval or plat submittal.
33. Align the egress/ingress driveway and the internal driveway in X
the central part of the property to improve safety of the internal
vehicular system.
34. Trim, arches, pillars and scoring proposed on the west X
elevations shall be extended to all other elevations.
T JH/dim
J :ISHRDA T AlP LANNI NGISHARED\WPIPROJECTSIAUTOCARE\REZNIOUTSTANDING OND. OF APPROVAL.DOC
~'~SMISSION VERIFICATION REPORT
TIME 03/11/1998 11:33
NAME BOYNTON BEACH P & Z
FAX 5613756259
TEL 5613756260
DATE,TIME
FAX NO. /NAME
DURA TIm~
PAGE(S)
RESULT
MODE
03/11 11: 28
98324626
00:04:35
07
OK
STANDARD
iJ1U City of
'Boynton 'Beacfi
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July 7, 1997
100 'E. tlJoynton tlJeadi tlJoufevartf
p.o. tlJ~310
tlJognton tlJeadi., :rforitfa 33425-0310
City !Half: (561) 375-6000
:r.9I.X: (561) 375-6090
Anna S. Cottrell and Associates, Inc.
P. O. Box 19058
West Palm Beach, FL 33416
Re:
File No:
Location:
Auto Care Centers of America
REZN 97-001
Approximately 160 feet south of the southeast corner of Congress Avenue and
Woolbright Road
Dear Ms. Cottrell,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for rezoning of the above referenced property.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
T JH:dar
Attachment
xc: Central File
\\CH\MAIN\SHRDA TA\Planning\SHARED\WP\PROJECTS\AUTOCARE\REZN\dev. order.doc
51merica's (jattway to tfie (julfstrtam
JUN 09 '97 00:58
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ANNA S. COTTRELL & ASSOCIATES. INC.
P. O. BOX 19058
WEST PALM BEACH, FL 33416
Tambri 1. Heyden, AICP
Plamring and Zoning Director
City ofBoyntOll Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 3342,
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RE: APPLICATION BY MARTIN HEISE FOR REZONlNG'PROPERTY 1.,0..., CAl'EDm. .... THE
SOUTHEAST CORNER OF THE INTERSECTION OF WOOLBBjGHT RO . AN
CONGRESS AVENUE , ,~ ' : i i ,; :
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Dear Tambri: , .: . 11!::j
The City TRC (Technical Review Committee) met Tuesday, March 25, l~n to di: I' 'Js the
application by Martin Heise for rezoning of the above referenced property to, ~ed Co " cia!
Development, Although we had met with members of your sta.ffprior to sub~ our . · rion I
[as[ month, we were wonned at the TRe that there remain queSltions abollt the ~Dility fO:t; .~ uses
propOIi:ed_ " I' i]
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We are requesting by this letter a meeting with YOll and your gtaff as soon aspoSSlile) so th ' i# can
proceed Vvith the processing of this application. Please call. or have your Secret~ call.. so at we
can arrange a meeting.: : I: ')
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Anna S. Cottrell, AICP
Principal
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From' Anna Cottrell To: Mike Haag
Date: 3/11197 Time: 11:10:31
Page 2 of 2
Anna S. Cottrell & J.:\.ssociates, Inc.
P. O. Box 19058
West Palm Beach, FL 33416
March 10, 1997
Cit) of Boynton Beach
P. O. Box 310
Boynton Beach. FL 33425
Attn: Mike Haag
\ '1A FAX TRA.NSMISSIO~
RE: PROPOSED COMMERCIAL DEVELOPMENTI PROPERTY LOCATED AT TIlE
SOUTHEAST COR~ER OF THE INTERSECTION OF \VOOLBRIGHT ROAD AND
CONGRESS A VENVE
Dea.r Mike:
The application f()f rezoning of the above referenced property to PCD was submitted to the City
on ~1arch 5, 1997. Additional materials were submitted on .March 7th at your request. \Ve
believe that this completes the application submittal package required.
I would very much appreciate ccnfinnation in writing from you ofthe schedule of review for this
project. The schedule should include both TRC (Technical Reviaw Committee) meetings.
Thank: you in advance for your assistance.
Sincerely,
Anna S, Cottrell, AICP
Principal
(;<.:: Martin Heise
ill
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I II /997 ~I
MAR
PLANNING AND
ZONING DEPT.
From, Anna Cottrell To: Mike Haag
Date: 3/11197 Time: 11:09:40
Page 1 of2
ANNA S. COTTRELL & AsSOCIA TES, L~c.
P.O. BOX 190~8
'VEST PALM BEACH, FL 33416
(561) 688-0048
FACSIMILE TRANSMITTAL
DATE: MARCH 11, 1997 TIME:
TO: MIKE HAMJ
COMPANY:CITY OF' BOYNTON BEACH
FAXA:
FROM:ANNA COTTREll
REGARDING: HEISE peD "SCHEDULE OF REVIErV
Nur:lber of pages includJEg this cover sheet 2
COMMENTS:
TllE INFORMA'rION CONTAE\ED IN THlS FACSIMILE NESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATlDN INTENDED
ONLY FOR THE USE OF THE ADDRESSEE, IF THE READER OF THlS MESSAGE IS NDT THE INTENDED RECIPlENT, YOU ARE
HEREBY l'iOTIFIED THA':' ANY DlSSE~HNATlON, DISTR18UTlON OR COPY OF TBIS COMMUNICATION IS STRICTLY PR(IHIBITED,
IF YO;) HAVE RECEIVED THIS C'OMM1JNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE.
ORlGINAL:__ Nailed
Overnight
By Hand. X Held in File
IfOJ m w m InJ
IJIJI MAR,,, 19!17 ~I
PLANNING AND
ZONING DEpt
ANNA S. COTTRELL & AsSOCIATES, INC.
1532 OLD OKEECHOBEE ROAD - SUITE 101
WEST PALM BEACH, FL 33409
(561) 688-0048
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MAR 2 5 1991
PLANNING AND
ZONING DEPT.
February 28, 1997
Tambri 1. Heyden, AlCP
Planning and Zoning Director
City of Boynton Beach
PO Box 310
Boynton Beach, FI 33425
RE: PROPOSED COMMERCIAL DEVELOPMENT
PROPERTY LOCATED AT THE SfE/C CORNER OF THE INTERSECfION OF
WOOLBRIGHT ROAD AND CONGRESS AVENUE
Dear ~""#\
Martin Heise and I met with Mike Haag yesterday regarding a proposal by Mr. Heise to develop the property
located at the southeast comer of the intersection of Woolbright Road and Congress Avenue. The proposed
commercial development will consist of a retail center, fast food outlet (food court), and an auto care center which
will include tire sales, light automotive work (such as window tinting and phone installation). and a quick change
oil. We left a copy of the site plan sketch of the project with Mr. Haag.
At 3.6 acres, the subject property does not meet the five acre minimum required by the Boynton code for
automotive service use. Our plan is to seek a variance of the five acre requirement, which we believe is justified
by the very low intensity of the use. We are also planning to file an application for the conditional use approval
required for the fast food drive-through, as well as site plan approval for the project. We are requesting
concurrent processing of the applications.
Mr. Haag suggested that we obtain an interpretation from you regarding our eligibility for variance relief on the
minimum acreage requirement. This letter is our request for such.
As an alternative to the variance and conditional use applications, we are considering a PCD (Planned
Commercial Development) rezoning. Since the timing of the project approvals is as critical as all other elements
in the project, we would like to have all of the development applications processed concurrently. Therefore. we
are requesting confirmation from you that the site plan submitted with the PCD application will be considered
the site plan of record for the project. and there will be no requirement for site plan approval subsequent to the
rezomng.
As we are planning to file the applications on Monday, March 3, your immediate response to this inquiry will
be appreciated. Thank you in advance for your assistance.
u:::~_~~
Anna S. Cottrell. AlCP
1
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. FEB 28 .'97 1~:06 BAS~ '~RT ~ONSULTING
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'PLANNING. AND :: ;!
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ANNA S. COTT.R.ELL & AsSOCIATES, INC. '
153.2 OLD 9KEECBOBEE ROAD - SUITE 101 .
\'\-'EST P-4.LM BEACH, FL 33409
(561) 688-0048
t:ebruary 2&,1997
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Tambri J Heyden, AICP
Planning Md Zoning Director
City ofBoyn,t:on Beac;h
PO Box 310
Boynton Beach, FI 33425
J
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RE: PItO:POSED COMMERCIAL DEVELOPMENT
PR<H-ERTY LOCATED AT THE SfElC CORNER
WOOLBRIGHT ROAD AND CONGRESS AVENUE
Dear~~'
OF THE INTERS' CTI~N O~
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Martin Heise and 1 met with .Mike Haag yesterday regarding a proposal by :Mr. Heise ro devel the property
located ~ the southeast c'?f11ec ~ the inte~ection of Woolbright Road and Congren Avenue. . The *oPoSed,
~erClal ~velopm~t will ConSI~t c! a rd811 center, ~ food. ~et (food oourt). an~~ C~ cent. which:
. \~l mclude tire sales. light automotlve work (such ~ WIndow tinting and phon~_ inJ:taI1atiOE), Z1d qui~ chaqse,
011. We left a copy of the site plan sketch of the project with Mr. Haas. . :--
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At 3.6 acre&, the Bubject property doe$:not meet the five acre mi.nimum tcquircdby thll: B . WnE" far:
Butcmotive senice use. Out plan i& tc ~~k: a variance of the five acre requirement, which we bel ve is ustifi~,
by the very low intensity oftbe use. We are also planning to tile an application for the condition use. . roval!
required for the ~t food driv~~~ugb, as well as site plan approval for the p:roject. we. re,".esting. /,
coocurrent processIng oCthe appticmons, i. .. pJ('ifl;V fre
Mr. Haa,g susgested that we OOtain an intek-etation from you regarding our eligibili~an: e relilon llie' ,
minimum acreage requirement. This letter is our request for such. 'I
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As an alternative to the variance ,,?d Pondi.ti~a1 use app~cation!l. we a:e eon~i~ a CD ki?1anrled,
Commercial Development) rezoning. Since the tUDlng of the proJcct approvals IS U ~ntica1 as all , er ~emcnts
in the project, we would like to have all oftbe development applications processed concurrently,! Therefore, we;
are requesting confirmation from you that the site plan submitted with the PCD application will be co$sidered
the site plan of record for the project, and there will be no requirement for site plan apprOVal su : equ~t to the
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As we are p1anninS to file the appJieati~ on Monday,
be llppreciated, Thank you in advance for yOl.lt aslOi.:
Gr:t. . cere!. y,
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Anna S. CottIell, AlCP
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