REVIEW COMMENTS
8.A.1
BOYNTONSHOPPESPCD
(HEISE PCD)
MAJOR MASTER PLAN MODIFICATION
REZONING
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 00-273
TO:
Chairman and Members
Planning and Development Board
/'1(.fE---
Michael W. Rumpf
Planning and Zoning Director
Dick HudsorvtC'. tfv
Senior Planner
THRU:
FROM:
DATE:
September 18, 2000
SUBJECT:
Boynton Shoppes PCD (tka Heise PCD) (REZN 00-001)
Major Master Plan Modification/Rezoning (addition ofrestaurant and retail space)
INTRODUCTION
Robert Basehart of Basehart Consulting, Inc" agent for Boynton Shoppes PCD (f,k.a, Heise PCD), is
proposing a major modification to this PCD which occupies 3,63 acres of property located
approximately 220 feet east of the southeast comer of Congress Avenue and Woolbright Road (see
attached location map in Exhibit "An), The proposed modification is for the addition of 1,500 square
feet of retail space and a 1,500 square foot fast food restaurant with drive-through window, The original
plan includes 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. The future land use classification will
remain LRC (Local Retail Commercial),
BACKGROUND
The Boynton Shoppes PCD master plan was approved in 1997, which was preceded (accompanied) by
an amendment to the code which was required to reduce the minimum acreage of a PCD from 5 acres to
3 acres, to allow for the subject 3,63-acre property to be rezoned accordingly, The property was
developable under the then C-3 zoning, but not for the automobile care uses desired by the applicant.
The repair of automobiles or tire sales and service are not allowed on sites less than 5 acres in size
within the C-3 district, and as indicated above, the minimum size of a PCD was 5 acres, To minimize
the city-wide impacts of a code change, the PCD regulations were the target of their amendment request.
PROCEDURE
Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6,F, (Planned
Commercial Developments), when modifications to approved plans for a PCD result in an increase of
ten (10) percent or more in measurable impacts such as traffic created, water used, sewage or stormwater
generated, or some other comparable measure, the request must be processed as a new application for
zoning to PCD, Furthermore, according to 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 (and major master plan modification), the above-described analysis is not
required, The analysis contained herein evaluates the changes to the proposed master plan, issues of
particular concern, and includes selected portions of the above-described criteria that pertain to impacts
Page 2
Boynton Shoppes peD
File No, REZN 00-001
upon municipal services, and compatibility with adjacent properties, The emphasis oftms analysis is on
the intent ofthe PCD regulations compared to the proposed amendment.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area vary and are presented in the table that follows:
North
Right-of-way of Woolbright Road then farther north, office commercial under development
including a bank and medical office buildings zoned Office Professional (C-l)
Bank; zoned Community Commercial (C-3) then farther east multi-story office building;
zoned Community Commercial (C-3)
East
South
Multi-family residential; zoned Multi-family (R-3)
West
Service Station and fast food restaurant; zoned Community Commercial (C-3) then farther
west, Congress Avenue right-of-way
PROPOSED DEVELOPMENT
The applicant is proposing this major modification to the Boynton Shoppes PCD in order to add
additional retail square footage and a fast-food restaurant with drive-through window to the existing
master plan, The additions will be made on that portion of the property fronting on Woolbright Road
(see proposed master plan - Exhibit "B"), The applicant estimates that upon completion, the facility will
employ approximately 35 people (full and part-time), Compatibility of the proposed use with the
surrounding land uses is discussed below,
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
side
40 feet
30 feet (a separate request for a variance is
being submitted to reduce the side yard
setback by 12,5 feet to 17.5 feet)
40 feet
rear
Minimum land area..............,.................,...................3 acres
Maximum lot coverage ..............................................40 percent
Minimum peripheral greenbelt width ......,.................10 feet; 25 feet when abutting residential use (a
second separate request for a variance is being
submitted to reduce the greenbelt setback by 5 feet
to 5 feet)
Maximum structure height.........................................45 feet
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Boynton Shoppes peD
File No. REZN 00-001
ISSUES/DISCUSSION
A) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PATTERN
In general, the proposed uses are compatible with the established land use pattern, as the surrounding
uses are of a commercial nature. The additions to the master plan are to be located between the service
station/fast food restaurant to the west and the bank to the east.
B) COMPATIBILITY OF PROPOSED REZONING WITH PUBLIC FACILITIES
At the time of master plan approval, a review for concurrency certification was conducted for drainage
and traffic facilities, Concurrency certification was issued after the determination that adopted levels of
service standards were met. The impacts on facilities of the additions to the site plan as a result of the
rezoning are as follows:
WATER AND SEWER DEMANDS: Impacts to the water and sewer systems are estimated to increase
potable water demand by 2,650 gallons/day and to increase sanitary sewer demand by 2,650 gallons/day,
DRAINAGE: The project applicant has submitted a drainage statement and preliminary drainage plan to
demonstrate that the project meets the City's drainage standards,
ROADWAY CAPACITY ANALYSIS: A traffic analysis has been submitted for the proposed
modification to supplement the traffic analysis submitted at the time of initial approval.
These and other site impacts are further addressed in the staff report on the corresponding site plan
application that is being requested concurrently with this request for master plan modification,
C) CONFLICT WITH INTENT AND PURPOSE OF PCD REGULATIONS
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 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" ,", The regulations also intend to
create a project "of 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,",
With the amendment to the code to reduce the minimum size of a PCD, the original master plan
generally satisfied the intent and purpose of the PCD regulations, However, the corresponding site plan
and variance applications may jeopardize the general intent of the PCD regulations through the reduction
of setbacks, perimeter buffer, and site design, This issue is furthered described by the following points:
I) The reduction in setbacks, and in particular, the reduction in the peripheral greenbelt, would reduce
the quality of project intended by the PCD regulations without adequate justification,
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Boynton Shoppes peD
File No, REZN 00-001
2) The applicant was aware of all site constraints and applicable regulations when PCD zoning, and the
text amendment, were originally pursued, which was likely the reason that the original master plan
did not propose uses/buildings within the subject location on the master plan; and
3) Project quality, in part, is a factor of setbacks, entrance layout, traffic circulation, and landscaping
(peripheral greenbelt); all of which are negatively affected by the proposed modification, The
ultimate layout and circulation within a master plan should be optimal given the intent of the system
to facilitate comprehensive reviews at time of initial submittal.
CONCLUSIONS/RECOMMENDATIONS
Relative to architectural style and use, the subject project would be compatible with the various styles
and commercial uses of adj acent properties, and therefore satisfY one intent of the city's PCD
regulations, However, as indicated herein, the proposed project and variance requests would not satisfY
the intent of the regulations "to accomplish a more desirable environment for commercial development
in relation to existing and/or future city development", to "promote the public health, safety,
convenience, welfare..", nor to provide efficient and harmonious design so as to create an attractive
project", Based on the analysis and discussions contained herein, staff recommends that the subject
request for a major master plan modification be denied,
As an option to the applicant, staff would support a modification to the subject master plan to allow for
additional square footage, if the modification would not require the reductions in the peripheral
greenbelt and setbacks, and the minimum entrance throat requirement is satisfied to promote congestion-
free and safe project circulation, If this recommendation is supported by the Planning and Development
Board, a condition to require same will be added to the conditions of approval within Exhibit "c",
Enclosures
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EXHIBIT "B\
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EXHIBIT "C"
Conditions of Approval
Project name: BOYNTON SHOPPES pcn (lka Heise pcno
File number: REZN DO-DOl
Reference: Ma;or Master Plan Modification/Rezoninrr {addition of restaurant and retail SDace
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
I FIRE NONE I I I
Comments:
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTERlENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments: NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined,
JISHRDA TA\PlanningISHAREDlWPIPROJECTS\Boynton Shoppes {Re-Zoning)\9_28_00 P&D COND OF APPROV AWoc.ooJ dim
DEVELOP ~NT' "'RDER OF THE CITY CO M III. 31( OF THE
Cln.JF BOYNTON BEACH, FLORIDA
PROJECT NAME: BOYNTON SHOPPES
APPLICANT'S AGENT: Robert E, Basehart, Basehart Consulting
APPLICANT'S ADDRESS: 1620 So. Congress Avenue
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 03,2000
TYPE OF RELIEF SOUGHT: Major Master Plan Modification/Rezoning (addition of restaurant and
retail space)
LOCATION OF PROPERTY: 1620 So, Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
_ _ 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
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
_ 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:ISHRDATA\Planning\SHARED\WP\PROJECTS\Boynton Shoppes {Re-Zoning)\10-4-00 CC Dev Qrder.doc