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LEGAL APPROVAL 1'\.1 ') L_. , ORDINANCE NO. 01-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BASEHART CONSULTING INC.; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW A MAJOR MASTER' PLAN MODIFICATION TO THE BOYNTON SHOPPES PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTlVE DATE, WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Basehart Consulting, Inc" as agents for the owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning/major master plan modification of a certain track of land, said land being more particularly described hereinafter, to allow for construction of an additional 3,000 square foot retail building in the Boynton Shoppes Planned Commercial Development; and WHEREAS, staff recommends that the subject request for rezoning/ major master plan modification be approved; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said Oty 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 as follows: See Attached Exhibit "A" be and the same is hereby rezoned to approve the major master plan modification for the con~t~~~. M.:"~. .. of an additional 3,000 square foot retail building within the Planned commert'~ !~evelopment. A location map is attached hereto as Exhibit "B" and made a iW..:J1 jJ I part of this Ordinance by reference, Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly, Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed, Section 4: Should any section or provIsion of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such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 immediately upon passage. FIRST READING this ,,;( day of January, 2001. SECOND, FINAL READING and PASSAGE this ~ day of January, 2001. , FLORIDA "'-. Commissioner ~-j L'~~ {./ c~ Commissioner ATTEST: tn. s:ca\Ord\"''''W}~ Shoppes PCO ~\\~~ON 8;111~ ~ 4. ......... .." ~ "" 0 '''OflAT'':)''" '::, ~ <b l~ '{.J -, ~ ~l.I. ..0 ~ = 0 10 = -'z ~ - - . - ~ .,.. \- n' I :: ~'r'~...Qi"'l't'"," ~ "- -, ..- Q ~ ~ v .......<?'-' ~ ~ F\.O ~ :1'//1. \\" ~111I"'1I11\\\\\\ ". ,- \ (- EXHIBrr "A" A parcel of laDd in Sec:tioa 32, Township 45 South, Range 43 Bast. City of Boynton Beach. Palm 'Beach County, Plorida. being more particularly described as follow., , Prom the Northwe.t co:ner of .aid Section 32, said co:ner being on the centerline of the 120 foot right-of-way of Congre.. Avenue; thence run South 01 degrees 23l11iJlute. 24 .econds Bast, along the West line of .a1d '. Section 32, for a di.ea:ce of 951.12 feet'; - thence %im North 87 degree. 40 lIIiJlutes 08 .econds Bast along. ,,"- 051.00 feet South of and parallel with, .. measured at right anglea to, the North line of said Sect10a 32, for a ~tance of 63.57 feet, to the Point of Beginning of the Parcel of land hereinafeer duc:ribed; thence cont1zwe North 87 deg:'e.. 40 lllinut.. 08 seconds Bast, along,the laat'described course, for a distance of i51.48 feee, tJleuc. r\m North 01 degreea 23 1lliDut:ea 24 seccm.c:!a w..e, aloes a l1:ae 415.00 f_e Baae of aDd parallel with, .. -=ad at: right a:agl.. to, the 8aid Weat liDe of Sectiom 32, for a distanca of 594.08 feee, thence run South 87 degre.. 40 lII1I1uees 08 .eccm.c:!a Weat, alOllS a l:ine 357.00 teet: SOUth of aDd parallel with, .. IIIIIlUIured at right a:agl.. to, the Hid H=th line of Sectiom 32, (al80 beiDg 64.00 feet South of the ccterl1:ne of woOlbright Read) tor a distance of 117.30 feet, thence r\m SOUth 0'1 degre.. 23 III1nutes 24 seccm.c:!a Baat, along a line 297.72 feet ....t of aDd parallel with, .. meaaw:e4 at' riSht a:agle. to, the .aid Weat li:ae of Sectioa 32, tor a di.tance ot 200.00 feee, thence run South 87 degree. 40 1II1nut.. 08 se_da Wese, along a line 556.97 feet South of aDd parallel with, .. 1II8&8\IX'ed at right: angle. to, the .aid North line of Sectiom 32, for a distance of 221.75 feee, thence,r\m south 01 degree. 23 lllinue.. 24 seeonds ....e along . line,". 00 feet ....t of azId parallel with, .. _aaured at right anglea to. the said Weat: line of SeceiOl1 32, for 'a distance of 200.00 feet, thenae = South 02 deg:'eea 16 IlliDutes 19 seccm.c:!a West: for, a distance of 194.69 teet, to the Point of Beg4....4"9". I , " , I 1..., " . I. I ~ \. '. \ "-,"- , I ~p '.~j\ " ' 'I " ': " ,'I ,-- ~; :h ~ -- J---'.I,~ L/V ,-,r--~ L-1 \ . '-'" :i '-I L : ~AO:fE3,I, ' I 1-. _,J - '" I ..1/ ., ~ ' .. ' ''':'1 I I -:.:::=-::., , qJ H . -/ , . ,- 1----..: :'~1! ;'J , , ~ J i, / (, I I L I .I I. V ! I , I , I i i --....--.. _:. =-- ',~_O -1 . "i- . J; ,J i I i ! , I i '1 I . ,W ';::' 1< /(1) (I) W D: l.:l Z o CJ ._--- I ."--.- . -- ' -, II " ,', -:".;:' ~ Ii : f I " , " I , I, I I I, i: " , 11-- '-~-tAK8\J 1'1 MJ' y I , \\ I _," ' \~P~i I! I . . I' I , ,--' , ~I / ''-'"'' ! 1 ~~EX~r-BIT "A'~ ,='=LOCATION ,y-; ~ '-- --/ ,~ / '!......dL./iI;;;r: " ' ~ ..' .... '"") . j ..,... .....-" ".. 4,...., .---:r......# :=~.Q.. ,:,. _", ....... "r , , . . ,. Tl;' - -~ ...0..; ;rac:.:. L:~' ~ , ., t ' ~ . . . . '. .. i . ," " f':'-" . - -~~~,[E}=~-_ ;..,. . I. '. 1 I ~ .. ....- - ---+- -1 .... ~ .:.x";;:h :j,~,,,-_ .,'. :..'..' " \ jf1r -j" -....-.-. . . -- -~_.~: .. :-', ':~-~:~?o;:;?~i'''- . I , - ......-........ .-..----..,.....--'---....--- I I - , l::7 ' l- lI\ "', "" , , .. ' ------1 I m.-..:--., ~ ,;x;::ll:- , , ')-< ~-~ -.. .. -:,~- 1\ ~~i+i"tf1 d 'I" . ..~ :' .' I, ?"\ ... , \:'-~~~.y. '. L,!'ii'fJ \' I....... I .; ~--. =~- ~,' I i -----. ---- .... ,- ..~ ,-" . !u '-' "" q1 R3 ~ i~iii~iii: ;:::::::.:.:::.:.:.:.:.:~~~~~~~~~ WOOLBRIGHT ROAD" . 'I J"'-;~ --, ..~ , --------- i ' :)11$:::::::: il!ii~i!i!ii~jljiii!i!iillii!iiii: , DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Enginf!ering Occupational Licen.fl! Community Redevelopment December 7, 2000 Robert E, Basehart Basehart Consulting, rnc, 333 Southern Boulevard, Suite 200 West Palm Beach, Florida 33407 Re: FileNo: Location: Boynton Shoppes PCD (Heise PCD) REZN 00-00 I 1620 S. Congress Avenue Dear Mr. Basehart: Enclosed is the City of Boynton Beach Development Order for major master plan modification /rezoning granted on December 5, 2000, Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~t)2- Michael W, Rumpf Director of Planning & Zoning MWR/nl l:\SHRDA T A\Planning\SHARED\WJ>lPROJECTS\Boynlon Shoppcs (Re-Zoning)'Development Order Letter.doc America's Gateway 10 the Gulfs/ream 100 Ealt Boynton Beach Blvd.. P.O. Boll 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375.6259 DEVELOPME~ RDER OF THE CITY COMMISSl.. OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES --,-'~' 0:. " APPLICANT'S AGENT: Robert E, Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1620 So, Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5. 2000 TYPE OF RELIEF SOUGHT: Major Master Plan Modification/Rezoning (addition of 3,000 sq,ft, 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 X 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 ----L 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 ----L 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 ;,\\\\\\111111/111' \" /'I/, )" r'\'(NTO", ~~ ~ J ~ ........... ~ ~ " $?pn~1~.... (<:'- ~ ......' ~: "'V ~ g ).. !~ "0\ 0 ~ - ,- i ~ - -.... -- ~ 0 \.. . 920 J j ~ -00' .0' ~ ;..." o. .0 ~ ~ .......... t- ~ ~//I }:"LOf\\O ~~ III \\\ 1/1//111111\1\\\\ DATED: <1JEd., ~ .,;t.TI?TI?~ +./Y/Y"'~ ~.::<-x~ City Clerk J:\SHRDATA\PIsJ'lnlng\SHARED\WP\PROJECTS\Boynton Shoppes (R.Zonjng)\12~ CC Dev Order.doc EXHIBIT "C" Conditions of Aooroval Project name: BOYNTON SHOPPES pcn (fka Heise pcno File number: REZN OO-OOl Reference: Maior Master Plan ModificationlRezoning (addition of 3000 sn,ft, restaurant and retail snace ) DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None, X ADDITIONAL CITY COMMISSION CONDITIONS 2. 1ft he J..tllml;"ua ~-'1/.e V I:\SHRDATA\P1anninI\SHARED\WP\PROlECTS\BoyntOll Shoppea (Re-u::ming)\11-2s..oo P&D COND OF Al'PROV ALdoI:.dcddim DE"cll......MENT SERVICES DEP4.RTI'i,...Ni PLANNING AND ZONING DIVISION REVISED MEMORANDUM #00-251 TO: Sue Kruse City Clerk FROM: Michael W, Rumpf, Director Planning and Zoning Division DATE: October 17, 2000 RE: Re-zoning of Boynton Shopped PCD (aka Heise PCD), approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-reference application, The application fees for staff processing and review have been forwarded to the Finance Department. A legal advertisement for same has been prepared for the November 28, 2000 Planning and Development Board Public Hearing at the Library Program room, Boynton Beach Library, 208 S, Seacrest Blvd" Boynton Beach Florida, and the December 5, 2000 City Commission Public Hearing, in City Commission Chambers, at City Hall, 100 E, Boynton Beach Blvd" Boynton Beach, Florida, is attached, MWRlbw Attachments \\CHlMA,N\SHRDATAIPlannlng\sHAREOIWPIPROJECTS\Boynton Shoppes (Re..zoning)\Jegalnot revised for resubmitlal.doc REQUEST 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: PlanninQ and ZoninQ PREPARED BY: Michael Rumpf DATE PREPARED: October 17. 2000 BRIEF DESCRIPTION OF NOTICE OR AD: RezoninQ of Boynton Shopped PCD, located approximately 160 feet south of the intersection of ConQress and WoolbriClht Road on the southeast corner, SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc,) Standard LeQal Ad for PlanninQ and Development Board meetinQ on November 28. 2000 at 7:00 p,m, in the Library ProQram Room, Boynton Beach Library. 208 S. Seacrest Blvd,. Boynton Beach Florida. and City Comm!~sion meetinCl of December 5.2000 at 6:30 p,m,. in City Commission Chambers. City Hall. 100 E. Bovnton Beach, Blvd.. Bovnton Beach. Florida, SEND COPIES OF AD TO: Newspaper. adioininQ property owners. applicant and PlanninQ and ZoninQ Director, NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: November 18. 2000 and November 28.2000 LAST DATE TO FAX TO NEWSPAPER: November 14. 2000 APPROVED BY: (1 ) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton Shoppes (Re-Zoning)\legalnot revised for resubmittal.doc 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, 100 East Boynton Beach Boulevard, on Tuesday, November 28,2000 at 7:00 p.m" to consider a rezoning request submitted by Robert E Basehart and Boynton Shop pes LLC, 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 December 5, 2000 at 6:30 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 Planned Commercial Development (PCD) to Planned Commercial Development (PCD), including master plan approval and use approval, to allow for the construction of an additional 3,000 square feet of retail space and fast food service, This is in addition to the previously approved 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 87"40'08" 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 01023' 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) 742-6260 PUBLISH: The Post November 18, 2000 and November 28, 2000 \\CH\MAlN\SHRDATA\Plannlng\SHARED\WP\PROJECTS\Boynton Shoppes (Re..zoning)\Iegalnot revised for resubmittal.doc / . . t! Meeting Minutes Regular City Commission Boynton Beach, Florida ~FlJJ oo-co; December 5, 2000 Attorney Cherof pointed out that on the Consent Agenda, under ratification of the Planning & Development Board action, part of this item is included in the request to table, Therefore, the Commission must reverse the approval of that item, which is Item D,2. Motion Commissioner Black moved to reconsider Item D.2, which was seconded by Vice Mayor Weiland and unanimously carried. Motion Vice Mayor Weiland moved to table Item D.2, which was seconded by Commissioner Black and unanimously carried, B, Project: Agent: Owner: Location: Description: Boynton Shoppes peD (Heise PCD) Robert E, Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0,727 acre outparcel in the Boynton Shoppes PCD Attomey Cherof announced that this item would be conducted as a Public Hearing and anyone who intends to testify must be swom in, Attomey Cherof administered the oath to all those who would be testifying. Attomey Cherof asked the applicant to comment on the conditions of approval that are included in the agenda packet. Mr. Robert E. Basehart, agent for the project, took the podium and stated he agreed with all staff comments, There was no one in the audience that wished to speak on the item, Motion Commissioner Black moved to approve, which was seconded by Commissioner Fisher and carried 4-0, C. Project: Agent: Applicant: Location: Woolbright Place PUD Kilday & Associates. Inc, Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for Description: 11 Meeting Minutes Regular City Commission Boynton Beach, Florida l-cz..N CO, DO I October 4, 2000 (Mayor Pro Tem Sherman returned to the dais.) VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Boynton shoppes PCD (Heise PCD) Robert E. Basehart, Basehart Consulting, Inc, Boynton Shop pes, LLC 1620 5, Congress Avenue Request for Master Plan Modification to allow for the construction of an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with drive-through and 1,500 square feet of retail space, (APPLICANT REQUESTS POSTPONEMENT) Attorney Cherof stated that the Boynton Shoppes PCD will remain on the table and will be addressed sometime in the future, VIII. FUTURE AGENDA ITEMS: A. Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Inc, for purchase and construction of the 1913 Children's Museum Interactive Ecosystem Indoor Exhibit (October 17, 2000) B. Future Annexation Areas (October 17, 2000) C. Resolution approving 2000-01 City Objectives (October 17, 2000) D, Resolution approving 2000-02 Capital Improvement Priorities (October 17, 2000) E. Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 8, 2000) F. Presentation by State Representative Addie Green (November 8, 2000) G. Proposed Policy for Community Activity Grants H. Proposed Expansion of CRA Boundaries (October 17, 2000) 15 /-~, . {,_" (i'; .",:kti.-C"", ) MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM 208 S, SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 28, 2000 AT 7:00 P,M, PRESENT Lee Wische, Chairman J, Stanley Dube, Vice Chair Robert Ensler, Alternate Mike Friedland Woodrow Hay Steve Myott Lindsey Payne. Assistant City Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner ABSENT Pat Frazier, Alternate Maurice Rosenstock .",: I " U"L-'.' 4 :U,,:' v j 1 1 1 i ' 1, Pledge of Allegiance Chairman Wische called the meeting to order at 7:00 p,m. and led the Board and audience in the Pledge of Allegiance to the Flag. 2, Introduction of the Board Members Chairman Wische introduced the Board members; Lindsey Payne, Assistant City Attorney; Mike Rumpf, Director of Planning & Zoning; Dick Hudson, Senior Planner; and the Recording Secretary. 3. Agenda Approval Motion Vice Chair Dube moved to approve the agenda, which was seconded by Mr. Ensler and un~mimously carried, 4, Approval of Minutes Motion Vice Chair Dube moved that the minutes of the November 14, 2000 meeting be approved, Motion seconded by Mr. Ensler and unanimously carried. - Meetin!f:Minutes ., Planning and Development Board Boynton Beach, Florida ... ... #, November 28, 2000 5, Communications and Announcements A, Planning and Zoning Report 1, Final disposition of November 14, 2000 Planning and Development Board meeting agenda items, Mr, Rumpf reported on the disposition of the following items by the City Commission at their November 21, 2000 Meeting: 1, The Boynton Beach Boulevard PCD, a/kJa BJ's Wholesale Club major master plan modification and rezoning to include the BJ's Wholesale Club, gasoline station, a bank and two future outparcels was approved, 2, The site plan for the BJ's project was also approved, Chairman Wische announced that as soon as the agent for the Woolbright Place PUD appears, this case will be moved up on the agenda, Chairman Wische requested that Assistant City Attorney Payne administer the oath to all persons who would be testifying, 6. Old Business A. PUBLIC HEARING Maior Master Plan Modification/Rezonina 1, Project Name: Agent: Owner: location: Description: BOYNTON SHOPPES PCD (HEISE PCO) Robert E, Basehart, Basehart Consulting, Inc. Boynton Shoppes, llC 1620 S, Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0,727 acre outparcel in the Boynton Shoppes PCD, Mr. Robert E, Basehart, of Basehart Consulting, Inc, assumed the podium. Chairman Wische noted that staff has recommended approval and asked if staff had anything further they wished to add, Mr. Rumpf requested to present a brief overview of the project and asked the members and the audience to refer to the plan displayed on the overhead screen. The PCD was pointed out and Mr, Rumpf stated that the Master Plan 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 was approved and partially developed to include the southern portion and all the site improvements to the north up to Woolbright Road, The amendment on the agenda tonight is to amend the PCD to include the a 3,000 square foot (displayed on the overhead screen) building in the northern section, This represents an amendment to the Master Plan because this portion of the project was not included on the original Master Plan, Chairman Wische announced the public hearing. Since no one wished to speak, Chairman Wische closed the public hearing, Motion Mr, Friedland moved to approve the request for a Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0,727 acre outparcel in the Boynton Shoppes PCD, subject to all staff comments. Motion seconded by Mr. Ensler. Motion carried 5-1 (Vice Chair DuM dissenting) Zonina Code Variance 2. Project Name: Agent: Owner: Location: Description: BOYNTON SHOPPES PCD (Side Yard Setback) Robert E, Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S, Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e, requiring a minimum 30 foot setback to allow a 17.5 foot variance or a minimum 12.5 foot side yard setback within the Boynton Shoppes PCD, Mr. Rumpf explained the reason for the zoning code variance request is to allow for a 12.5' side yard set back and the Code requires a 30' side setback in order for the project to fit. The first time the project was presented to staff, there was a drive-thru on the eastern side, However, that required two setbacks, one side setback, and a reduction in ttit! required buffer. Therefore, after speaking with the applicant, the drive-thru and the buffer reduction variance were eliminated to make the project work without further reducing the width of the building. Chairman Wische asked Mr. Rumpf if staff agreed with these changes and Mr. Rumpf replied that they did, 3 .. - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 Vice Chair Dube said that he felt that the owner of the property has not been a good neighbor and now he is requesting a favor from the City, Vice Chair Dube said the place is a disgrace and the windows are full of signs, in violation of the sign code, Also, the right of way has signs sticking out at the curb, and over the past year there have been more than one-half dozen illegal signs in the entrance to the property, Vice Chair Dube said that the owner needs to clean up the place and make it look more presentable, Mr. Basehart stated that the owner was present tonight and could address Vice Chair DuM's concerns. Chairman Wische asked if the Code Compliance Department was ever given the details of what Vice Chair DuM brought up? Mr, Heise, the owner of the property, took the podium and was administered the oath by Attorney Payne, Mr, Heise said that he was not aware of the property ever being cited for sign violations, but will address the issue at once. Mr, Heise feels that his building is attractive and maintained well and he does not want any signs to degrade the appearance of the property, Vice Chair Dube stated the greatest offender is the shipping business, Mr, Heise said he would look at the Code and then speak to his tenants. Chairman Wische announced the public hearing. Attorney Payne administered the oath to Mr, Joseph Phelan, 103 SW 8th Court, who said he could not understand how this Board could approve a 3,000 square foot building when there is not enough access space around the building. Mr. Basehart addressed his question and explained that the code permits up to a 40% floor area ratio. With this addition, the site would still be only at 14%, which means that it is only one-third of the amount of development that would be allowed under Code, Chairman Wische closed the public hearing, Mr. Basehart noted that the site plan approval is further down on the agenda and requested that it be moved up to be addressed at this time, Motion ~ Mr. Friedland moved to approve the request for relief from Chapter 2 Zoning, Section 5,F,7,e, requiring a minimum 30 foot setback to allow a 17,5 foot variance or a minimum of 12.5 foot side yard setback within the Boynton Shoppes PCD, subject to all staff comments. Motion seconded by Mr, Ensler, 'Motion carried 6-0, 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Motion Vice Chair Dubs moved that Item 6,B,1 follow Item 6.A.2, Motion seconded by Mr. Ensler and unanimously carried, B, SITE PLAN New Site Plan 1, Project Name: Agent: Owner: Location: Description: BOYNTON SHOPPES Robert E, Basehart. Basehart Consulting, Inc, Boynton Shoppes, LLC 1620 S, Congress Avenue Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0,727 acre outparcel in the Boynton Shoppes PCD. Chairman Wische noted that there were 13 staff comments and requested that the agent only address the comments that they do not agree with or the ones that require clarification. Mr, Basehart said they agreed with all staff comments. Chairman Wische announced the public hearing, Since no one wished to speak, Chairman Wische closed the public hearing, Mr. Myott noted that the building matches the current buildings. Mr, Basehart stated that this building would be a carbon copy of the existing buildings, Motion Vice Chair Dube moved to approve the request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD, known as the Boynton Shoppes, LLC, subject to all staff comments, Motion seconded by Mr, Hay and carried 6-0, Mr. Kieran Kilday of Kilday & Associates, Inc. arrived and Chairman Wische announced th~t his item would be heard next. Motion Vice Chair Dubs requested that Item 7.A.1, (Wood Partners), west side of SW 8th Street, approximately 1/8 mile north of Woolbright Road be the next item on the agenda. Motion seconded by Mr. Friedland and unanimously carried, 5 ..,.., - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 7, A. PUBLIC HEARING Master Plan Modification/Rezoning 1, Project Name: Description: WOOLBRIGHT PLACE PUD (WOOD PARTNERS) Kilday & Associates Inc, Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10,8 DU/yC Agent: Applicant: Location: Chairman Wische noted that there were ten staff comments and requested the agent only address the ones they do not agree with or need clarification on, Mr. Kieran Kilday said that they accept all staff comments, Mr. Rumpf gave an overview of the project as follows: The property was designated as the Baptist Church Project. The Church decided not to relocate to the site and put the property on the market. The best use determined for the property was a medical complex to include an office building, nursing home and an ACLF, This use required the extraction of this property from the original PUD, It was replaced with a planned commercial development (PCD) designation and classification, However, there was no market for this use and the market now points to use of the property for residential and particularly high-density apartment rentals, Last year the applicant came to the City and requested a land use classification to amend the land use from commercial back to residential. This has gone through City and State processing and is now completed. The applicant has waited to time the final approval of the Land Use Plan Amendment at the City level with the Jezoning of the project. This requires that the project be taken out of the PCD designation and put back into the PUD and rejoined with the existing Woolbright Place PUD in order to develop the property for the residential project. The site plan will come to the Board at a future meeting, Chairman Wische stated that the backup material indicates that Leisureville, which is adjacent to the project is 7,6 dwelling units per acre. Chairman Wische said that the backup material was confusing because if the property was 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 reverting to residential why would it not remain at the 7,6 instead of going to 10,8 dwelling units per acre and requested clarification on this point. Mr. Rumpf stated when the project was originally built, it was built at 7,26 per acre, moderate density/residential. When the 14 acres was pulled out of the PUD that caused the density in the PUD to lose its maximum of 7,26, Even though there was no further development in the built-up portion of the PUD, the density no longer complied when the 14 acres was pulled out. Once the 14 acres was pulled out, the nearest land use classification was 10.8 or high density, This is greater than needed, but is the minimum that would apply, Mr, Ensler pointed out that the figure was 9,79 units per acre. To make the project comply, the applicants had to go up in density, which they did and which was approved by the City, Mr. Rumpf pointed out that the City does not have a land use classification of 9,79 and they are in increments and the most appropriate increment was 10,8 or high density, Chairman Wische said he didn't understand if the ACLF wasn't built within 18 months, why didn't the property revert back to the original classification. Mr. Ensler pointed out that the original acreage was 80,36 acres and using the 7,26 dwellings per acre, there would make a total of 583 for all the property, The actual number of units that have already been built in the Vinings and Crystal Bay exceeds that at 648 units. Mr. Rumpf was not certain how this was arrived at and whether or not the lawsuit had any influence on the original approvals, Mr, Myott said that the Vinings is a higher density project than the one being presented today. The Vinings is 16.17 dwelling units per acre. Also, Mr. Ensler noted that although the figure of 10.8 is being mentioned, by recombining the two areas into one, in actuality the applicant would get a density of 15.2 dwellings per acre and not 10.8. Mr. Rumpf stated that this assumption was. The rejoining of the property with the existing PUD allows the applicant to take advantage of the surplus density that remains between the 9.79 and the 10,8, Mr. Kilday stated that there were two items before the Board tonight, the master plan amendment and the rezoning approval. Mr. Kilday stated he was involved in the original approval process 12 years ago that included commercial and residential. There were lawsuits involved and the final densities that were set were the densities that were built and there are exactly 640 units, which is in the settlement agreement with the City, The Vinings has a net density of 16,2 units per acre. Chairman Wische pointed out this was the result of the settlement of the lawsuit and this density was agreed to as an enhancement to save the City some money, but was only for this particular site, Mr. Kilday agreed that this was correct. Crystal Key is approximately 3 to 3,5 units per acre, the retention area is zero units per acre and the Church site initially had zero units per acre, 7 -- - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 Mr, Kilday stated that Wood Partners made an offer to purchase the property. but it was based upon achieving a density to build an upscale project and that net density, due to shifting the densities in the PUD, is 15,3 units per acre, which comes to 216 units, Mr. Kilday presented an artist's rendering of how the project would look, He pointed out that the project is located within an intensive retail area, which includes a gas station, Cracker Barrel, and across from the property is the Expo Center and Home Depot. The property is also buffered from Leisureville by a significant canal and power easement. Also, the project would not share any roads with Leisureville and it is anticipated that an additional retention area will be provided to the north of the site, Mr, Kilday explained that in order to make the project viable, there must be enough units to support the amenities, which includes a pool, pool house, exercise room, etc. The amenities portion of the project was presented to the members on an artist's rendering. Chairman Wische asked about the rental prices for the units and Mr. Kilday was not certain, but thought it would be in the $1,000 to $1,200 per month range. Mr. Kilday stated if they were only allowed the 7,62 units per acre, the applicant would not purchase the property and it is unlikely that there would be any type of market for the property for lower-density residential use. Mr. Kilday said that the proposed project would be a good compromise alternative that would allow the property to be developed with minimal affect upon the surrounding neighbors, Vice Chair Dube noted that originally 864 units were approved for the site at 10,75 units per acre, The Vinings has 548 units, Crystal Key has 84 units with 16 duplex units, leaving a balance of 216 units left to build. Mr, Kilday said that the 216 units could only be achieved with the higher density and by combining the two properties. Mr, Friedland pointed out that staff presented a report on the tax base that this project would bring into the City and asked Mr. Kilday if he had any recollection of what transpired at the prior hearing on the project. Mr. Kilday said four or five months ago when they first appeared before the Board, they asked for an Amendment to the Comprehensive Plan to allow up to 16 units per aCre, In the downtown area up to 40 units per acre is allowed and along the coast up to 20 units per acre. However, west of 1-95 the maximum is 10.8, The Board at that time recommended denial and Mr. Kilday said he withdrew his request. At the following Commission meeting, he stated that the applicant could live with the 10,8 units per acre, but they needed to have the benefit of calculating the density based upon the PUD land use, This Board also recommended denial on the 16-unit request. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Ensler asked Attorney Payne if she could address the question of rezoning for economic advantage. Attorney Payne stated that economic advantage could be one of the factors considered, but also the surrounding land uses must be looked at and whether the project would be compatible and consistent with those uses, Economic advantage should not be used as the sole criteria, Mr. Hay asked for clarification purposes if the applicant was asking for 15,3 dwelling units per acre? Mr, Kilday stated that is correct and necessary for the 216 units, Mr. Hay asked if the 10,8 dwelling units would be acceptable to the applicant and Mr. Kilday responded it would not. Chairman Wische noted that the request states 10,8 dwelling units per acre and that is what this Board is being asked to make its decision on, Mr. Kilday stated that tonight this Board is only ruling on the PUD and the PUD density is 10,8, but the actual site plan, which will be heard on December 12th will contain 216 units or 15,3 dwelling units per acre, Mr. Ensler pointed out that there are two proposed changes. one is to rezone the property to a PUD and second to reassemble the property with the Woolbright Place PUD. The second part of the proposed change would allow the density to be increased to 15.3 dwelling units per acre. Mr. Myott inquired about the height of the buildings and Mr. Kilday stated the buildings are three stories. The clubhouse would be one story. Chairman Wische announced the public hearing, Robert Linnon, 607 SW 8th Place, Boynton Beach said that the traffic on 8th Street has increased tremendously, Chairman Wische said the traffic would be discussed at the site plan hearing fn two weeks, when a traffic report would be given. Mr. Linnon noted that in October 1999 there was a serious flooding problem and the greater the density of the buildings means more land will be covered creating more runoff, Mr. Linnon stated that there is a portion of Leisureville, which is directly adjacent to the project. Mr. Linnon complimented the Board on its thoroughness in examining the project. Ms, Jean McNally, 128 NW 10th Court, Boynton Beach said if this Board approves the _additional density the traffic would increase. Chairman Wische responded that this Board has to vote tonight on what is on the agenda not on what might happen. Ms, Mary Cucinotta, 204 SW 8th Place, Boynton Beach took the podium and was administered the oath by Attomey Payne. Ms. Cucinotta asked if the project called for creating a second runoff? 9 - - - - Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr, Kilday noted there is currently a lake along 8th Street and they would be expanding the lake to the south, which mayor may not be connected, Further, Mr. Kilday said the purpose of the lake is to keep water from running off the site, Mr, Kilday stated when Hurricane Irene hit, the entire County was flooded and it is impossible to control those types of storms, Whenever there is runoff, it would flow into the canal, which connects to the outfall and there will be no additional runoff going into Leisureville, Ms, Norma Yaegger, 108 SW 8th Place, Boynton Beach said that the lake is not a lake, but is a pond and is not very big, Ms, Yaegger could not understand why anyone would want to live next to Cracker Barrel and all the fast food restaurants in the area and is opposed to the project. Susan Carlson, 721 SW Lake Court, Boynton Beach said that she and her parents have lived in this area since the 1970s and that the area today is so dense that the quality of life is suffering. Boynton Beach used to be a nice peaceful place to live and when she walks down the street she now sees neon lights, Robert Baker, 4762 Palo Verdi, Boynton Beach was administered the oath by Attorney Payne and said he felt that the project was comparable to the property across the street. Mr, Baker said you cannot stop change, Chairman Wische responded that the residents in Leisureville are not against change, Mr, Baker said he was trying to present a balanced view on the project. There being no one else who wished to speak, the public hearing was closed, Mr, Friedland said that the agenda item is confusing to which Mr. Kilday agreed. Mr, Kilday said that the agenda item states 10.8 units per acre is the rezoning request tonight, but in terms of the master plan approval, those units would increase to the 15.3 dwelling units per acre. Chairman Wische noted that the Master Plan comes in with the same vote for the density, therefore if the Board votes for the Master Plan, they would be voting for the density and the applicant could not be held to the 10.8. Mr, Friedland suggested tabling the item until the confusion can be clarified. Mr, Hay said he has a problem voting for something that appears incomplete and misleading. - Also, the item has been presented with a great deal of inconsistencies and incomplete information and he could not support the project. Mr. Myott noted the past history of the property, which included lawsuits and it has a negative situation attached to it. Mr. Myott said that the project is not a high-density project by any means and everything is well spaced and it is a nice looking project. Further, Mr, Myott felt the project could add other positives to the City and the downtown redevelopment. Mr. Myott said that the project would 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 complete the development and would in effect be putting the last piece to rest while achieving something of very high quality, Vice Chairman Dube pointed out that the traffic study that has already been submitted illustrates under the present situation that there are 1,838 trips per day, If the designation is changed it would become 1,540 trips per day, which is 298 less trips per day, not more, Also, Vice Chair Dube pointed out that when property is developed, the site must comply with the City's drainage requirements and the Lake Worth Drainage District. Vice Chair Dube said when a hurricane hits, there isn't much anyone can do to stop the flooding, Mr, Rumpf added that staff opposed the original reclassification of that parcel from the Church parcel due to the significant change in impacts in the area, specifically on SW 8th Street. Mr, Rumpf also pointed out that the project represents a reduction in intensity and particularly traffic, compared to the current approval. The property could be developed today in accordance with the current concept of a health campus and have impacts exceeding what is being requested. Also, this removes the commercial designation from the future Land Use Map, which was projected in the Comprehensive Plan. This now puts the site into a residential classification, which has a greater importance in the City considering the population growth, Also, Mr. Rumpf said that the project meets the current significant demand for high-end rental units in the area. Staff does not oppose the density, nor is staff trying to mask the density and feels the higher density is necessary, Mr, Rumpf pointed out that drainage must be accommodated on site and the standard is the first inch of a 1 DO-year storm, which is rare, Motion vice Chair Dube moved to approve the request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings, on 14,18 acres at a density of 10.8 DUNC, subject to all staff comments. Motion seconded by Mr. Friedland. Chairman Wische requested that the Recording Secretary call the roll. The motion failed on a 3-3 vote with Vice Chair DuM, and Messrs. Myott and Friedland voting aye and Messrs, Ensler, Hay and Chairman Wische dissenting, Mr. Kilday asked if the item would next go before the Commission and was informed that was the next step. 11 - - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 A RECESS WAS DECLARED AT 8:30 P.M, THE MEETING RECONVENED AT 8:40 P,M, Abandonment 3, Project Name: Agent: Applicant: Owner: BOYNTON BEACH BOULEVARD PCD (BJ's Wholesale Club) (Right-of-way) Roscoe Biby. Kimley-Horn & Associates, Inc, Birchwood/Boynton. L.L.C, University of Florida Foundation, Inc" a Florida corporation and University of Florida Foundation Corporation, as Trustee, Southwest corner of Boynton Beach Boulevard and Winchester Park Road, Request for abandonment of a 20-foot utility easement between lots 60 and 61 in the Quantum Park PID. Location: Description: Mr, Chris Ralph, of Kimley-Horn and Associates, Inc, took the podium, Chairman Wische noted that staff approved the request and asked if there were any comments from the members, Chairman Wische announced the public hearing. Hearing none, he closed the public hearing, Mr, Rumpf pointed out that even though it states it is an easement in the backup, it is technically a dedicated street (road right-of-way) being abandoned, Motion Vice Chair DuM moved to approve the request for abandonment of a 30-foot road right-of-way easement for the University of Florida Foundation, Inc. for the project known as Boynton Beach Boulevard PCD, Motion seconded by Mr. Ensler and carried 6-0, Abandonment ~ 4, Project Name: GROTTO BAY @ BERMUDA PLACE (Easement) Agent: Joni Brinkman, AICP, of Winston Lee & Associates, Inc. Owner: Quantum Park & Village, LLC Location: The east side of Quantum Lakes Drive, south of Gateway Boulevard 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Description: Request for 20-foot utility easement abandonment between lots 60 and 61 in the Quantum Park PID Chairman Wische noted there were no staff comments, There was no public audience present to speak, Motion Mr, Dube moved to approve the request for abandonment of a 20-foot utility easement between lots 60 and 61 in the Quantum Park PID known as the Grotto Bay at Bermuda Place for Quantum Park & Village. LLC, Motion seconded by Mr. Friedland and carried 6-0, Chairman Wische requested that Item 7,B, 1 (Boynton Landings) be addressed before the second item for the Grotto Bay, C, ADMINISTRATIVE APPEAL Administrative Aooeal Owner: Location: Description: BOYNTON LANDINGS David M, Layman, Greenberg Traurig, PA CSC Boynton Landings, Ltd, 2309 North Congress Avenue Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan, 1, PROJECT NAME: Agent: Attorney Timothy W. Schulz from the law firm of Greenberg Traurig took the podium, Chairman Wische noted that staff has denied the item, Attorney Schulz said it is his position that this is not the correct Board to hear the appeal. He feels that the City has relied upon certain provisions of the Code to determine that-this Board is the proper body to hear the appeal. Attorney Schulz stated he has looked at a different section of the Code which contradicts staffs opinion, Attorney Payne requested Attorney Schulz cite the Code sections on which he based his opinion. Attorney Schulz stated that Ms. Lusia Galav of staff cited Chapter 1.5, Article 1, Section 4,1 E of the LOR, which grants this Board authority to hear an appeal from an administrative decision, 13 - - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 Attorney Schulz cited Article VII. Chapter 1, under Appeals, Section 1.0,2 that states that the City Commission "will hear and decide appeals of administrative decisions for determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; major/minor site plan or plan modifications and height exceptions", Attorney Schulz said he was present tonight to appeal a request to a minor modification of a site plan, This provision provides that the City Commission shall hear the appeal. Further, Attorney Schulz also referenced a letter in the agenda backup from Assistant City Attorney Igwe dated August 7, 2000 which cites this section to support why an appeal should not be allowed, Chairman Wische pointed out that every decision made by this Board goes to the City Commission and whatever decision this Board makes, the applicant will still appear before the City Commission, Chairman DuM stated that the item was placed on the agenda and that this Board should act on it. Mr. Rumpf said there is an inconsistency in the City Codes in numerous sections referencing an appeals process and the City Attorney's Office is clarifying the issue, Mr. Rumpf cited Chapter 1,5 of the LDR which lists all the items that come before this Board and in Paragraph b, Item 2 administrative appeals is stated, Motion Vice Chair Dube moved to deny the appeal from Boynton Landings on their request to have the decision of our Planning and Zoning Director overturned. Vice Chair DuM inquired if the motion had been stated correctly and Attorney Payne said that the motion should be stated in the positive and then the Board can vote either yes or no, consistent with the motion, In other words, if you vote "yes", you are approving it or if you vote "no", you are not approving it. Chairman Wische suggested that the motion be cited as written on the agenda, Motion Vice Chair Dube moved to approve the Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan, Attorney Payne stated if the Board votes to approve it, they are approving the denial, because denial is the recommendation from the Planning Director. Mr. Friedland seconded the motion, 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr, Ensler stated that he researched the City Code and determined that there are prohibitions in the Code that prohibit banners, signs that swing, fluttering signs and also under special signs. banners do not meet the criteria, Mr, Ensler asked Attorney Schulz if he could cite the section that allows banners in the City? Attorney Schulz said he read the section of the Code cited by Mr, Ensler and it is his contention that the City's Code is vague and ambiguous and the Code states that a banner is a sign, Therefore the definition of a sign needs to be determined, Vice Chair Dube noted that there was no "period" after the word sign and that the Code states that "a sign having the characters, letters, illustrations or ornamentals applied to cloth, paper, film or a fabric of any kind. with only such materials for a backing", Mr, Myott inquired if the applicant ever applied for permits for the banners and was informed they did not. Attorney Schulz stated that when he came to the meeting tonight, he saw banners hanging from the light poles with the Happy Holidays' insignia ant! is displayed similarly to the Boynton Landings' banners. Attorney Payne and members discussed the wording of the motion on the floor, Vice Chair Dube withdrew his original motion and Mr, Friedland withdrew his second of the motion, Motion Vice Chair Dube moved to deny the Notice of Appeal of the Applicant from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. Motion seconded by Mr. Friedland, Motion carried 6-0. Technical Site Plan With Waivers 5, Project Name: Agent: Description: GROTTO BAY@ BERMUDA PLACE Joni Brinkman, AICP, of Winston Lee & Associates, Inc, Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request for Technical Site Plan approval for 15.16 acre POD in the Quantum Park PID, The Mixed USE POD will contain 272 multi- family residential rental units and require code waivers pursuant to Ordinance 00-52, = Owner: Location: 15 - - Meeting Minutes Planning and Development Board Boynton Beach, Florida - - November 28, 2000 Mr, Winston Lee. of Winston, Lee & Associates assumed the podium and Attorney Payne administered the oath, Chairman Wische noted that there were 49 staff comments and requested the agent only address the comments they do not agree with or need clarification on, Mr. Lee said he divided his comments into four parts, The first part will be the waivers that the applicant agrees with, The second portion would be the single waiver request that the applicant is in disagreement with staff, The third portion would be certain conditions that they do not agree with, The fourth portion would be for clarification on some design recommendations, With regard to Items #4. #6 and #16, Mr. Rumpf replied that the agent wants to insure that the way the item is read, if it is checked, it would be included, Also that the waiver procedure takes precedence over the comment, except for one. which is Item #16, Item #16 was an oversight and did not include the reference to the waiver request. Staff will add that to the amended conditions. so that if the waiver is approved, the condition is superseded, Item #40 is a waiver request that the applicant does do not agree with, This deals with a buffer area south of the project. Mr. Lee pointed out the area in question on the artist's rendering of the project. Mr, Lee said that the Code as written would not apply in this instance to a mixed-use project. The Code states that a fence or wall must be placed between the two properties and the applicant feels this would be counterproductive, If you put walls in, the open area concept would be broken up and lost. Chairman Wische asked for staff to comment. Mr. Rumpf said that staff has the ability to be flexible. Mr. Rumpf said that they are asking for some type of separation between the residential and the office building that could be something less than a brick wall and staff wants to separate the two parcels, Mr. RLlmpf noted that on the northeastern side there is a continuous hedge and a tree spaced every 20 to 30 feet. Staff would like to see this at minimal on the other side of the property to separate the two environments. Mr, Rumpf further pointed out that currently the two tracts in question are connected, but it may not always remain this way, Also, this portion of the mixed-use project is not mixed- use, but is residential. o Mr. Friedland said he did not see the need for a wall and Mr. Rumpf replied that the wall would only provide security and is a marketing issue, It the applicant is not in need of that type of element, staff would agree to that. Mr, Doug McDonald, President of Quantum Limited Partners, 2500 Quantum Lakes Drive, Boynton Beach took the podium and said they are breaking new grounds in the City and he does not want to see walls used to 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 separate the parcels in Quantum Park, Further, Mr. McDonald noted that they will be back before the Board in two months with the main portion of the project. Mr. McDonald pointed out in Quantum Park there has been over $100 million worth of construction completed with 3,000 jobs as of today, Mr. Lee stated the next items they disagree with are Items #24, #25, #26 and #27, which deal with Parks and Recreation's comments on requests for dedicated recreation fees. Mr. Lee said that these regulations do not apply to this project. The project is a DRI and has received its development order and is fully vested, Also, the City Codes as written do not apply, because this is a mixed use POD within a PID and not a residential sub-division, Mr. Lee pointed out all the recreational facilities are already available in Quantum Park, including bicycle paths, picnic areas, green spaces, lakes, etc, Also. there are some very large preserves on site. Mr. Lee stated that Quantum Park is already providing more than what is being requested and there are more preserve areas than residential property, A children's play area is already designated, plus a swimming pool with lawn areas, Also, the recreation building will have air conditioned basketball and racquetball courts, with exercise rooms, Vice Chair DuM noted that this Board cannot waive the fee, and this would have to be done by the City, Mr, Rumpf stated that based upon a strict interpretation of the Ordinance, the Recreation Department feels that this project is no different than any other project in the City, regardless of the zoning district that it is being developed in, Further, Mr. Rumpf stated that the residences were never accounted for in the land use tabulations and concurrency analysis when the City was redoing its Comprehensive Plan, Mr. Rumpf said the issue here is whether the item is applicable and suggested that the two parties meet to resolve their differences, but feels that this can be worked out with minimal impact to the project. Mr. Lee requested when the City mc;lkes its recommendations, these conditions not be included, Mr, Myott pointed out that when you have a high-density project, the recreational impact fees represent a great deal of money and is based upon people and land, Mr. Myott said he is very much in favor of the project, but is uncomfortable in recommendinQ: that the recreation items be deleted from the proposal. Mr. Rumpf said staff is currently reviewing the methodology used in determining the recreation impact fees, The recreational impact fee is based upon: A person's per dwelling unit factor or figure, number of dwelling units and value of the land, Currently it is based upon 2,5 for single family and 2 persons per dwelling unit 17 '- - - - Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 for multi-family unit and this project is less than those figures, These figures will come down in the future, Mr. McDonald said they have spent several hundred thousands of dollars on recreational enhancements and that they maintain the drainage for the City park, at no cost to the City, and they maintain the City's wetlands at no cost to the City, and that the City pays no dues, Mr. McDonald pointed out that the project will be attracting young professionals with very few children, He further stated that they have been working with the City in a very positive manner, but the comment on the impact fees tonight appears like a "cash grab" that they never had to deal with before and that they have never gone to the City to ask for any tax breaks or incentives, Further, Mr, McDonald pointed out that a new Ordinance was created for the DRI and these fees do not apply to their project. Mr. Myott said that there is not enough information to simply remove the comments, Mr, Friedland pointed out that Quantum Partners has never come to the City, County or State for any money for the project and he would like to see the project move forward, Chairman Wische noted the wonderful things that are taking place in Quantum Park and feels it is the biggest thing to ever come into the City. Chairman Wische said the City should be flexible and suggested members take a tour of the area to see what is going on in Quantum Park, Mr. Lee added that three-quarters of the requirements have been met on site, He then asked members to refer to Condition #37 and stated they agree to Condition #37 and they are going to correct the land use designation on the site plan to "industrial", Lastly, Items #46, #47, #48 and #49, Mr, Lee thought these were only recommendations, not conditions of approval; however, Mr. Rumpf informed him that they could be conditions of approval. Mr. Lee would like those comments be kept as recommendations and addressed each one individually, #46 - Modify the proposed project to improve pedestrian/sidewalk system, including extension of sidewalks to intersections and striping for pedestrian paths across drive aisles in the parking area. Mr. Lee said there are areas that need more connections and when the Master Plan is presented for Bermuda Place Quantum Lakes Drive will have substantial improvements, He requested that the only striping would be for ADA requirements and doesn't want to stripe the entire site, 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 #47 - It is important that this residential project take the initiative in linking future development of Bermuda Place, It appears that the only link proposed is a driveway exit north of the site, How will the future development link with Grotto Bay? Mr, Lee stated that they have taken the initiative to incorporate linkage and Quantum Lakes is being redesigned with Bermuda Place and pointed out the pedestrian links on the artist's rendering, Mr, Lee stated that the pedestrian connection is the critical connection between the two projects and asked that they be allowed to let them deal with this. #48 - The project should take advantage of the lakes by designing the open spaces between the buildings as "terminating vistas" creating a link between the two, Mr. Lee interpreted this to mean there would be open spaces between the lakes, Mr, Lee stated there are beautiful terminating vistas in other locations and noted that the project is a waterfront project and doesn't want to create an unencumbered corridor from lake to lake, #49 - Adding other architectural elements such as fountains could enhance the interior green spaces, Currently only two gazebos are proposed, Mr. Lee did not see the need for water features on the interior since it is a waterfront project. Also with regard to only two gazebos are proposed, that is what is being planned for the interior. Therefore, Mr. Lee requested that comments #46, #47, #48 and #49 be left as recommendations. Vice Chair Dube pointed out that if the Board approved the item subject to staff conditions, they remain as recommendations and this Board does not change their designation unless the Board specifically makes them conditions, For an overview of the comments, Vice Chair DuM requested that the Board review what transpired. ~ Mr. Rumpf stated in the first group Comment #16 is the only comment to be modified and the agent and staff agree that the reference to the waiver requirement will be added, so that it would supersede the requirement if the waiver is approved. ~ Mr. Lee added that Comments #4 and #6 were approvals of the waiver. ~ With regard to Condition #37, the applicant will accept staffs recommendation. Mr. Friedland complimented Mr. Rumpf for his hard word and dedication on behalf of the City and he is much appreciated. Motion 19 ., .. - - Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Vice Chair Oube moved to approve the request for Technical Site Plan for 15,16 acre POD in the Quantum Park PIO, The Mixed Use POD will contain 272 multi- family residential rental units and require code waivers pursuant to Ordinance 00- 52. subject to all staff comments with the following changes: (a) Comment #16 will be modified to add the reference to the waiver request and to read that the corresponding note on the site plan referencing the waiver request will be modified to read that no encroachments in the easements will occur, (b) Comment #40 will be removed, (c) Comments #46 through #49 will be maintained as recommendations, Motion seconded by Mr, Friedland. Motion carried 6-0, 8, Other None 9, Comments by Members Mr, Ensler pointed out that the current Code requires a 9' wide space for parking and pointed out that many communities have adopted 10' wide parking spaces, The benefits of adopting a 10' wide parking space would be eliminating a lot of incidences of damage to cars, Vice Chair Oube noted it is important that the City Commission make appointments to the Board when there are vacancies because there were only six members present tonight due to a lack of Alternates, Vice Chair Oube said it is important for members to go to the Commission meetings because it appears that the powers given to the Board are being eroded, Chairman Wische said there are rumors that Mr. Greene was organizing a committee that would be responsible for the murals. When the Community Appearance Board was disbanded those powers were given to this Board which includes signs and murals, Also, Chairman Wische said since there is a CRA, the City wants everything in the CRA to be handled by that Agency, Chairman Wische said he would recommend if all this takes place, the entire Board should resign in total. Vice Chair Oube noted that this Board is experienced and knowledgeable and doesn't see the need for more Boards, Members discussed the process of approval for murals, which they had previously reviewed and it was noted that once this Board reviewed the subject. it moved on and never came back to the Board, Mr. Ensler questioned why the 20 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Board wasn't asked to take a vote or express an opinion and Attorney Payne did not think that was necessary, Chairman Wische asked for a consensus from the members if the Board feels it should be the authority for approval of murals and not have it by pass the Board because a statement was made that indicated that the Board was not in favor of murals. There was a consensus among the members that they would like the approval of murals to come before this Board, Mr. Friedland said there are very strong reasons why this Board has complaints and he feels politics is being played, He would like the politics taken out and that the Board be permitted to continue its job without being weakened, 10, Adjournment Vice Chair DuM moved that the meeting adjourn, which was seconded by Mr. Hay, The meeting properly adjourned at 10:00 p,m, Respectfully submitted, JJ ct.hvA.. I". hl "- ,L~.~ Barbara M. Madden Recording Secretary (3 tapes) ~ 21 DEVELL.,JMENT SERVICES DEPARTI'v._Nl PLANNING AND ZONING DIVISION MEMORANDUM #00-251 TO: FROM: Sue Kruse City Clerk ( {i ~"~ f/ Michael W, Rumpf, ~rector Planning and Zoning Division DATE: October 12, 2000 RE: Re-zoning of Boynton Shopped PCD (aka Heise PCD), approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner Accompanying this memorandum you will find one (1) copy of the application and related documents for readvertisinq the above-reference application, The application fees for staff processing and review have been forwarded to the Finance Department. A legal advertisement for same has been prepared for the November 14, 2000 Planning and Development Board Public Hearing lInd the November 24, 2000 City Commission Public Hearing, and is attached. MJRlbw Attachments J:\SHRDA T A\Planning\Hudson\BoyntonShoppesREZN\legalnot2.doc h..:QUEST 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: PlanninCl and ZoninCl PREPARED BY: Michael Rumpf DATE PREPARED: September 9.2000 BRIEF DESCRIPTION OF NOTICE OR AD: RezoninCl of Boynton Shoppes PCD. located approximately 160 feet south of the intersection of ConClress and WoolbriClht Road on the southeast corner, SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc,) Standard LeClal Ad for PlanninCl and Development Board meetinCl on November 14.2000 at 7:00 p,m, and City Commission meetinCl of November 21.2000 at 6:30 p,m, SEND COPIES OF AD TO: Newspaper. adioininCl property owners. applicant and PlanninCl and ZoninCl Director, NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: November 4.2000 and November 14. 2000 LAST DATE TO FAX TO NEWSPAPER: October 30.2000 APPROVED BY: (1)~~~~ Jk~ (Origi ator) I I' , /~6j (Dctte) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J :\SHRDA T A\Planning\Hudson\BoyntonShoppesREZN\legalnot2.doc 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 the CITY OF BOYNTON BEACH LIBRARY PROGRAM ROOM, 208 S, Seacrest Blvd" on Tuesday, November 14, 2000 at 7:00 p,m" to consider a rezoning request submitted by Robert E Basehart and Boynton Shoppes LLC. 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 November 21, 2000 at 6:30 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 Planned Commercial Development (PC D) to Planned Commercial Development (PCD), including master plan approval and use approval, to allow for the construction of an additional 3,000 square feet of retail/restaurant space, This is in addition to the previously approved 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) Jor a distance of 117,30 feet; thence run south 01023' 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 tv 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) 742-6260 PUBLISH: The Post November 4, 2000 and November 14, 2000 J:\SHRDA T A\Planning\Hudson\BoyntonShoppesREZN\legalnot2.doc DEVEL ..PMENT SERVICES DEPARTME~ , PLANNING AND ZONING DIVISION MEMORANDUM #00-251 TO: Sue Kruse City Clerk FROM: Michael W, Rumpf, Director Planning and Zoning Division DATE: August 23, 2000 RE: Re-zoning of Boynton Shopped PCD (aka Heise PCD), approximately 160 feet south of the intersection of Congress and Woolbright Road on the southeast corner Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-reference application. The application fees for staff processing and review have been forwarded to the Finance Department. A legal advertisement for same has been prepared for the September 26, 2000 Planning and Development Board Public Hearing and the October 3, 2000 City Commission Public Hearing, and is attached, MJRlbw Attachments J:\SHRDA TA\Planning\Hudson\BoyntonShoppesREZN\legalnot.doc .c:QUEST 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: Plannina and Zonina PREPARED BY: Michael Rumpf DATE PREPARED: Auaust 23.2000 BRIEF DESCRIPTION OF NOTICE OR AD: Rezonina of Bovnton Shopped PCD, located approximatelv 160 feet south of the intersection of Conaress and Woolbriaht Road on the southeast corner, SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, ete,) Standard Leaal Ad for Plannina and Development Board meetina on September 26. 2000 at 7:00 p.m. and City Commission meetina of October 3. 2000 at 6:30 p,m. SEND COPIES OF AD TO: Newspaper. adioinina property owners. applicant and Plannina and Zonina Director, NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: September 16.2000 and September 26.2000 LAST DATE TO FAX TO NEWSPAPER: September 12.2000 APPROVED BY: (1) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDA T A\Plannlng\Hudson\BoyntonShoppesREZN\legalnotdoc 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, 100 East Boynton Beach Boulevard, on Tuesday, September 26, 2000 at 7:00 p,m" to consider a rezoning request submitted by Robert E Basehart and Boynton Shoppes LLC, 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 October 3, 2000 at 6:30 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 Planned Commercial Development (PCD) to Planned Commercial Development (PCD), including master plan approval and use approval, to allow for the construction of an additional 1,500 square feet of retail space and 1,500 square feet of fast food service with a drive through. This is in addition to the previously approved 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 0023' 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) 742-6260 PUBLISH: The Post September 16, 2000 and September 26, 2000 J:\SHRDA T A\Plannlng\Hudson'BoyntonShoppesREZN\legalnot.doc .---APPLICATION ACCET/ ""_E DAT<=-'~. r? -CiX1J (0 - "RECEIVED BY STAFF IMBER ----'-- FEE PAID: fit; , ~ 11 ) (f RECEIPT NUMBER: JJo-L~ r ~fdi ' . -.03~1 CITY OF BOYNTO ACH, FLORIDA -w.AR " 0 . 0 0/ ;?E;Z !v' < PLANNING & ZONING BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planninll Department Incomplete applications will not be processed. .Di' I, ." r-' :! ' PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION, ,-..'"' GENERAL INFORMATION --.-,.- f'~A:);';Il'! ZONINr.; ..J I. 1. Project Name: He i se PCO (Boynton Shoppes PCO) ._---.. 2, Type of Application (check one) x a. Rezoning only b. Land Use Amendment Only c. Land Use Amendment and Rezoning 3, Date this application is accepted (to be filled out by Planning Department): 4, Applicant's Name (person or Business entity in whose name this application is made): Boynton Shoppes, LLC, Address: 943 CTint Moore Road Boca Ra ton, FL 33487 (Zip Code) Phone: (S(.,l') qq1 -~ FAX: 5. Agent's Name (person, if any, representing applicant): Robert E. Baseha rt, Baseha rt Consu It i ng, I nc, Address: 333 Southern Blvd" Suite 200 West Palm Beach, FL 33405 Phone: (561) 833"3114 (Zip Code) FAX: (561) 833-3293 City of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLtCA nON 6, Property Owner's (or Trustee's) Name: ~oynton Shoppes, LLC, Address: 943 Cl int Moore Road Boca Ra ton, FL 33487 (Zip Code) FAX: Phone: ~\) qcn - c:04-G 7. Correspondence Address (if different than applicant or agent): (Agent) .This is the only address to which all agendas, letters, and other materials will be mailed. 8, What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc,) Owne r 9, Street Address or Location of Subject Parcel: 1620 S, Conqress Avenue 10. Legal Description of Subject Parcel: See Attached Legal Description, 11, Area of Subject Parcel (to the nearest hundredth (1/100) of an acre: 3.63 Acres 12, Current Zoning District: PCD 13, Proposed Zoning District: PCD 14, Current Land Use Category: LRC 15, Proposed Land Use Category: LRC Page :2 Cil)' of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICA TrON 16, Intended Use of Subject Parcel: Commercial Center--Addition of a 3,000 SF outbui lding with 1,500 SF of retai I and 1,500 SF of Fast Food Restaurant with a drive-thru, 17, Developer or Builder: Boynton Shoppes. LLC. 18, Architect: Roy Massa 19, Landscape Architect: Jon Schmidt & Associates 20, Site Planner: Jon Schm i dt & Assoc i ;Hes 21, Civil Engineer: Sun Tech Enaineerina 22, Traffic Engineer: Simmons and Wh i te 23, Surveyor: Richard L. Shepard and Associates If. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) 2..a, This application form, 2.,b, A copy of the last recorded warranty deed. 2.,c. The following documents and letters of consent: N/~(1) If the property is under joint or several ownership: a written consent to the application by all owners of record, N/~(2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and ~(3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and N/~(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and Page 3 City of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONr.-iG APPLfCA TION X (5) If the applicant is a corpor dtion or other business entity' the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation, ...Ld, A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Department, and containing the following information: ~(1) An accurate legal description of the subject parcel. 2-(2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre, 2-(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance, (Also refer to Page 6. See, II h,(12) of this application if property is occupied by native vegetation,) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. Le. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided, Said list sha'II be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. L.J. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e, above. and their relation to the subject parcel. -t>- ~g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. .x..h. A comparison of the impacts that \~ould be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: 2-(1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. 2-(2) A statement of the uses that would be allowed in the proposed zoning or development. and any particular uses that would be excluded, ...L(3) Proposed timing and phasing of the development. Page 4 CIrv of Boynton Beach Pl~ing and Zoning Board LAND USE AMENDMENT AND/OR REZONrNG APPLlCA TION ~(4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees, (5) A comparison of traffic which would be generated under the proposed zoning or development. with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements, For projects that generate mqV'e than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance, (a) For projects that generate two thousand (2.000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning. in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County, The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2.000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use, amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County, However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed, NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. N/A (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning, Water demand shall be e..timated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer, Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning, N/A (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the ,proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer, Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning, Page 5 City of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND,OR REZONr.-IG APPLlCA nON N~AJ8) For proposed residential developments larger than :me (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning, Population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning, _(9) At the request of the Planning Department, Planning and Development Board. or City Commission. the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties, The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning. as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable. exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters. and mechanical equipment, location of driveways and service entrance, and specifications for site lighting, Nuisances and hazards shall be abated or mitigated so as, to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance, Also, statements conceming the height. orientation. and bulk of structures, setbacks from property lines. and measures for screening and buffering the proposed development shall be provided, At the request of the Planning and Development Board or City Commission. the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. _(10)At the request of the Planning Department, Planning and Development Board, or City Commission, the applicant shall also submit the following information: _(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels, _(b) Existing and proposed grade elevations. _(c) Existing or proposed water bodies. _(d) Form of ownership 'and form of organization t,~ maintain common spaces and recreation facilities, _(e) A written commitment to the prOVISion of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection. easements or rights-of-way, roadways. recreation and park areas. school sites. and other public improvements ,or dedications as may be required, ~(11)For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted, Page 6 JulIO 00 09:00a Ba5@hart (5611833-3293 ".2 Ciry of Boynton B.ach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONiNG APPLlCA nON (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required. an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior 10 or concurrent witl1 the submittal of the Land Use Amendment and/or Rezoning Application to the City, Ill, APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees whiCh have been adopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required, All fees shall be paid by check. payable to the City of Boynton Beach, IV, CERTIFICATION (\) rNe) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and Zoning Board, (I) rNe) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be acee ed unless signed according to the instn.rctions below, ~Lc (00 gnature of Owner(s) or Trustee, or Authorized Principal jf property is owned by a corporation or other business entity. Date V, AUTHORIZATION OF AGENT ~[.,g.~~ Signature of Authorized Agent -, h1 ex? Date Page 7 Jui 10 00 09:00a Basehart 15611833-3293 p,3 CilV of BOYnton Beach P,';"'ing ';'d Zoning Board LAND USE AMENDMENT AND/OR REZONfNG APPUCA TION (I) ryve) hereby designate the above signed person as (my) (our) authorized agent with regard to this application, I nature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. J!to(oo Date Page 8 CERTIFICATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANTS PROPERTY. ~ ~ ~- 0--1-= APPLICANT/AGENT NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. :;ONTACT - PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE A TTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 :l./'LAHNIHG\SHAREO\WfM#ORMS\APPS\ZNCV\ZNCV ,NJP un.I, 1"7 EXSIBIT l'AII A parcel of llLl>d in Section 32, Township 45 South, RaI>ge 43 Bast, City of Boynton Beach, Palm Beach County, Plorida, being more particularly described as follows: :> Prom 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 Bast, along the West line of said Section 32, for a distance of 951.12 feeci-thence rUn North 87 degrees 40 minutea 08 seconds Baat along e , <-- 051.00 feet South of and parallel with, as meaaured at right anglea to, the North line of said Section 32, for a distance of 63.57 feet, to the Point of Beginning of the Parcel of llLl>d herei:aafter described; thence continue North 87 degrees 40 minutes 08 seconds Bast, along the last described course, for a diatance of i51.48 feet; thence run North 01 degrees 23 minutes 24 sec=ds West, al=g a line 415.00 feet Bast of aM pa.rall.aJ. with, as measured at right anglea to, the said West line of Sectica 32, for a distance of 594.08 feet; thence run South 87 degrees 40 minutes 08 seconds West, al=g a line 357.00 feet SOUth of aM parallaJ. with, as measured at right all9'les to, the said North line of Sectica 32, (also being 64.00 feet South of the centerline of WOOlbright Road) for a distance of 117.30 feet; thence run South 01 degrees 23 minutes 24 seconds Bast, along a line 297.72 feet Bast of and parallel with, aa measured at right anglea to, the said Weat line of Section 32, for a diata.l1ce of 200.00 feet; thence run South 87 degrees 40 minutea 08 seccads West, along a line 556.97 feet South of and parallel with, as measured at right angles to, the said North line of SectiOZl 32, for a distance of 221.75 feet; thence run South 01 degrees 23 minutes 24 seconds East along a line, 76.00 feet Bast of and parallel with, as measured at right _gles 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. ! :> ~8/1~/2000 02:36 5615824634 BASEHART PAGE 02 BOYNTONSHOPPESREZONlNG JUSTIFICATION" IMPACf STATEMENT mSTIFICA TION: The PUlp05e ofl-lris application is to accomplish the rezonill8 of the subject 3.63 ac~ property from PCD to PCD. The reason that this ~zoning is necessary is that rezoning tXl PCD is based on a site plan submitted with the application, Sin~ the applicant is modifying the approved site plan for the project to add a 3,000 square foot building (1,500 sq, Ft. of fast fuod restaurant & 1,500 sq, Ft. of retail) to the project it has been determined thJlt a ~zoning application must also be approved, even though the existing and resulting zoning are the same, Approval of this application will not have any impact on sWTOunding p10perUes or the natUre or charaaer of the area, since the proposed uses are pemUtted in both the existing and proposed zoning district. The ~zoaing requirement is simply 8 technicality. In ~ality, this application is nothing mo~ than a site plan approval modification. IMPACT COMPARISON;. Since the proposed building addition and uses are pennitted uses in the PCD zoning district, ~ is no difference in the impacts of the existing or proposed zoning for the property, The proposed building could have been approved with the original application for rezoning to PCD, The proposed building will be conl1tructed in a single phase, with pennit applications being made immediately after approval of the rezoning and site plan approval, It is anticipated that constrUction will take about .. months to complete, once pennits are issued, The facility will employ approximately 35 people (full & part time), Since the proposed rezoning does not change the zoning district, approval will not change the potential impacts from the property with ~sl'C'ct to utility demand or traffic, We have submitted 8 traffic analysis prepared by Sinunon~ & White, Ine,. for the proposed building and uses, The estimated demand for water, sewer &; solid waste services for the proposed building are: . Potable water demand- Retail ~ 150 gallons per day @ ,I galJsVday Fast food= 2,500 gallons per day @ 35 gal/day/seat &; 50 gal.ldayl required parking spece = 2,650 gal.lday total Retail~ ISO galIday Fast food= 2,SOO gal./day Total= 2,650 gal.lday 38.1 tonslYTtotal @ 7,471b./sVyr (retail) & SO lb./sV'YT (fast fOod) . Sanitary sewer demand- . Solid waste generation- '--I' '1. \.. " ; I. 'I i ' , I , 133 " ' . '......':--j, -- - .-....... -- ' ~\ , , ,\ I, \""0, , 'I I I 'I " 'i 'I .'1 ~ : '8' -cr- ~ : t/-<' .. ," U #=31 " =-,~,; I~I-:' " , -"," H '- _____ __~I , . '~, L~J H ,>-/ \ - ~ -1 r--\, '/ntJ' , ~ (- '/>:/ '0.' I' , '~1 ::- I I" >, 1 ;. J j, v ' .J' . ~ -. ,~ ~ . - ' ! I , i , i i i l1 1 I I i I , , I I ~ , I . ,w ,> 1< III) . II) w a:: " z o CJ _.~.-~ - - - -- ...-.....--'- ---- =--- -....:.,...<- , , , .__--- I ---' '......... 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