AGENDA DOCUMENTS
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PLANNING AND ZONING DEPARTMENT MEMORANDUM #92-109
FROM:
J. Scott Miller
Si ty M~na~
~her Cutro
Planning & Zoning Director
TO:
DATE:
May 29, 1992
RE:
Knuth Road PCD Modification
The owner of the Knuth Road PCD has requested five
modifications to the PCD. These include:
1. replacing a restaurant on the corner of Knuth Road and
Boynton Beach Boulevard with a convenience store that will
sell gasoline;
2. decreasing the size of a proposed bank from 5,400 and
4,500 square feet;
3. a redistribution of the approved square footage on the
site;
4. adding an ingress/egress driveway on Boynton Beach
Boulevard;
5. amending the master plan parking and landscaping to
accommodate the new design.
The Planning and Zoning Department, in conjunction with the
Technical Review Committee, has determined that none of the
changes exceed the 10% threshold for increase of impacts on the
site. Water and sewer will be decreased:~ drainage will be
increased very slightly, and traffic will increase by 380 trips.
At its meeting of May 12th, the plahning and Development
Board reviewed this request and forwarded it to the City
Commission with a recommendation for approval. It should be
noted that the Board was concerned that the traffic study review
had not been completed by the County. The County has since
completed their review and has approved the study.
This item has been scheduled for City Commission
consideration and review on June 2, 1992.
CC/jrn
Att.
A: KNUTHMOD.JM
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KNUTH ROAD P.C.D.
MASTER PLAN MODIFICATION
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-81
May 5, 1992
FROM:
d~~~o~ Planning & Development Board
Christopher Cutro, Planning and Zoning Director
TO:
RE:
Master Plan Modification - Knuth Road, P.C.D.
The owner of the property is requesting approval of a Master Plan
Modification to the Knuth Road, P.C.D. The Knuth Road, P.C.D. is
an approved Planned Commercial Development (PCD) located at the
Southwest corner of Boynton Beach Boulevard and Knuth Road. The
original approval consisted of a 13.87 acre site with a total of
120,000 square feet of area for retail/office buildings. The
project included two (2) outparcel buildings - one a 6,068 square
foot restaurant and the other a 5,400 square foot bank. The
108,532 remaining building square footage was identified as retail
bUllding with the remainder of the site dedicated for parking area
and open space with landscaping.
The following is a description of the requested changes~
i. Omit the outparcel restaurant and replace it with a
service station that includes a 2,000 square foot
convenience store, gas pumps covered with a canopy and
a detached 512 square foot car wash building.
ii. Decrease the size of the bank from 5,400 square feet to
4,500 square feet.
iii. Redistribute the remainder of the allowed square
foot area throughout the main building. Note: The
proposed changes will not cause a change in the
approved original overall total of 120,000 square feet.
iv. Add an ingress/egress to the service station from
Boynton Beach Boulevard and, as recommended by the
County, dedicate land for a right turn lane for traffic
traveling East on Boynton Beach Boulevard to turn onto
Knuth Road.
v. Re-layout the parking and landscape areas to
accommodate the new design.
As required by Section 6.F.13.b, Changes in Plans, of Appendix
A-Zoning! Boynton Beach Code of Ordinances:
"Modifications to approved plans which result ln an increase
of less than ten (10) percent in measurable impacts as
determined by including any changes in traffic generated,
water consumed or sewage to be collected will require review
and recommendation by the Planning and Zoning Board and
final approval by the City Commission. The City Commission
decision to approve, approve with modifications or deny,
shall be predicted upon a finding of consistency with the
comprehensive plan and a finding that any such increase will
not result in a negative impact on infrastructure delivery
systems or the surrounding area in general. It is the intent
of this section that all additional impacts be mitigated.
Modifications which result in an increase of less than ten
(10) percent in measurable impacts shall not extend the
expiration date of the eighteen month approval of a PCD
classification."
The applicant submitted documentation to support the fact that
the proposed changes do not exceed the ten (10) percent threshold
(See attached exhibit A) and after review by staff, the
documentation was not challenged. However, the increase in
traffic trips noted in the traffic report submitted by the
applicant is required to be reviewed by the County. Presently,
the County is reviewing the traffic report. As stated in the
To: Planning and Development Board
Re: Master Plan Modification - Knuth Road, P.C.D.
Page Two of Two
traffic report, the improvements shown on the revised Master Plan
cause a net increase of 380 trips per day which results in a 6.5
percent increase over the previously approved Master Plan. As
indicated in the documentation (exhibit A), the water consumed
and sewage collected for the project as proposed with the
modification is less than what was proposed for the original
project. This reduction is a result of the deletion of the
restaurant and substitution with the service station, therefore
resulting in a negative impact on the infrastructure delivery systems
or the surrounding area in general. Also, as noted, in the letter
from Rossi and Malavasi Engineers there will be a negligible
change in the storm water generated at the site.
Recommendation:
The Planning and Zoning Department recommends that the Board find
the proposed changes consistent with the Comprehensive Plan, and
that the increase and/or changes identified will not result in a
negative impact on the infrastructure delivery systems or the
surrounding area in general. The Department further recommends
that the Board forward the modification to the City Commission
for their approval subject to the appl1cant implementing the
improvements that the County recommends for the project. As
identified in the code section listed above, the intent of this
section of the code is that all additional impacts be mitigated,
CC:ald
C:KNUTHPCD.MPM
ENGINEERING DEPARTMENT MEMORANDUM NO. 92-113
TO: Christopher Cutro
Planning & Zoning Director
FROM: Michael E. Kazunas /~ E~,
City Engineer ~
DATE: May 4, 1992
RE: Knuth Road P.C.D. - Master Plan Modification
Technical Review Committee Comments
We've reviewed the plan and can approve conditioned on the following:
1) Revised traffic study shows an increase in trips per day because
of this modification. This increase will require review and
approval by Palm Beach County Engineering prior to issuance of
any building permits or development order.
MEK/ck
cc: File
~7.- 12~~c{ fL
TECHNICAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
William Cavanaugh, Fire Prevention Officer
Pete Mazzella, Asst. to Utilities Director
Lt. Don Thrasher, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Mike Kazunas, City Engineer
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
April 20, 1992
RE:
Technical Review committee Meeting
Tuesday, April 28, 1992
NOTE: Comments are due back to the Planning
and Zoning Department by:
Friday, 5 p.m., May 1, 1992
Please be advised that the Technical Review Committee will meet
on Tuesday, April 28, 1992, at 9:00 A.M. in Conference Room "c"
(West Wing) to discuss the following:
CONDITIONAL USE
Plaza West Joint Venture, 3452 W. Boynton Beach Blvd.
MASTER PLAN MODIFICATION
Knuth Road PCD - resubmittal - delete restaurant in the out
parcel and add in its place a service station with a convenience
store and car wash. Redistribute square footage of retail area
and reduce office outparcel square footage. (see letter attached
to plans.)
PARKING LOT VARIANCE
Boynton Motel (Section 5-142(h)(3) and (7) "Driveway" of
Article X) - addition of driveway onto Federal Highway. Site
Plan will be available for review at the Planning and Zoning
Department.
OTHER
Tara Oaks PUD - Construction of a portion of Knuth Road.
TRC AGENDA
REVIEW OF TECHNICAL REVIEW COMMITTEE COMMENTS
PROJECT:
LOCATION:
APPLICANT
FILE NUMBER:
Boynton Beach Promenade
901 North Congress Avenue
Oliver-Glidden and Partners
672
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Dorothy Moore
DM/jm
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cc: City Manager
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charles Frederick, Recreation & Parks Director
Edward Hillery, Police Chief
John Guidry, Utilities Director
Christopher Cutro, Planning & Zoning Director
Tambri Heyden, Senior Planner
Steve Campbell, Fire Department
Central File
City Commission
Project File
Chronological File
A: TRCAGDA.JM
Page 2
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A
MEMORANDUM No. 91-112
May 7, 1991
TO:
Chris Cutro, Planning Director
James A. Cherof, City Attorney ~
Service Stations/Required Frontage
Code Reference: Appendix A Section 11 L 2
FROM:
RE:
You have
referenced code
measurement for
essence is:
requested clarification of the above
section with respect to the points of
determining frontage. Your question in
When a service station is located on the
corner of two intersecting streets
should frontage be measured from the
point of intersection of the property
lines at the corner?
Your question is answered in the affirmative.
Section 11 L 2 of Appendix A provides that the minimum
frontage for service stations is 175 feet on all abutting
streets. No specific method of measurement is provided.
However, the Boynton Beach Parking Lot Regulations, adopted
after Section 11 of Appendix A, provides guidance for
purposes of interpretation. Section 5-142(h)(3) deals with
driveway set-backs and provides that the measurement is
"from the intersection of the right-of-way lines along local
streets". This appears to be a practicable approach to the
measurement of frontage since lot configurations are
variable. Accordingly, this method of measurement should be
used to calculate frontage. For purposes of clarification I
have attached a diagram.
If you require further clarification, please do not
hesitate to contact me.
cc: J. Scott Miller, City Manager
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HEKORANDOK
TO:
Chris Cutro, Director of Planning~~ ~
James A. Cherof, city Attorney ~~--
Code Interpretation, parking Lot Driveways for
Service Stations
FROM:
SUBJECT:
DATE:
March 1, 1991
You have asked me to examine an apparent conflict between Section
11 L 5 of Appendix A of the Zoning Regulations and Section 5-
142 (h) (3) as they relate to setback requirements for driveway
entrances from intersecting right-of-ways. Stated differently,
you have posed the following question:
Should the requirements of the Boynton Beach Parking
Lot Regulation be applied to the construction of
driveway entrances for service stations?
The question is answered in the negative.
There are several principals of statutory construction that must
be applied:
1. The principals of statutory construction apply to
zoning ordinances which are issued by cities. Rinker Materials
Corp. v. City of Miami, 286 So.2d 552 (Fla. 1973).
2. The general, and most persuasive rule of statutory
construction is that whenever possible, the Courts will, and
must, attempt to construe related statutory provisions, if
conflicting, in such a way as to harmonize them and give them
both full effect. Palm Harbor Special Fire Control District v.
Kellv, 516 So.2d 249 (Fla. 1987); Villerv v. Florida Parole and
Probation Commission, 396 So.2d 1107 (Fla. 1980); District School
Board of Lake County v. Talmadqe, 381 So.2d 698 (Fla. 1980).
3. Where a statute is passed with knowledge of prior
existing laws, construction is favored which gives each statute a
field of operation rather than a construction that would leave
one statute meaningless or released by implication. State
Department of Public Welfare v. Galilean Children's Home, 102
So.2d 388 (Fla.~DCA 1958).
4.
law and
Since zoning ordinances are in derogation of the common
deprive owners of th~~<:~r ,property, any
MAR lq6
PLANNI~:G DEPT.
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ambiguities which may arise from conflicting zoning ordinances
should be resolved in favor of the property owner. Thomas v.
city of Crescent Citv, 503 So.2d 1299 (Fla. 5th DCA 1987).
5. Courts must also give specific terms and provisions
precedence over those terms and provisions which are more general
in nature if the two provisions conflict. Lake Barrinaton
citizens commission v. Village of Lake Barrington, 312 NE.2d 337
(1974) .
In applying the above rules of statutory construction to the
question posed I conclude that the two provisions of the Code are
not in confl ict and can be read together. The parking lot
regulations should be generally applied to all parking lot
construction unless a more specific ordinance of the city exists,
such as the one which applies to service stations. The Boynton
Beach parking lot regulation does not apply to the construction
of driveway entrances for service stations. section 11 L 5 of
Appendix A controls the distance requirements for parking lot
entrances for service stations.
Ilms
LIB
CUTROMEM
cc: J. Scott Miller, City Manager
Don Jaeger, Building Official
Vince Finizio, Administrator Coordinator of Engineering
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