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APPLICATION PROJECT NAME: Boynton Shoppes (Re Zoning) [Resubmittal] LOCATION: 1620 South Congress Avenue COMPUTER ID: 82-0000010 PERMIT #: I FILE NO.: REZN 00-001 II TYPE OF APPLICATION: Re Zoning I AGENT/CONTACT PERSON: OWNER/APPLICANT: Boynton Shoppes Robert E. Basehart, Basehart Consulting, LLC. Inc. PHONE: 561-997-0045 PHONE: 561-833-3114 FAX: N/A FALX: 561-833-3293 ADDRESS: 943 Clint Moore Road, Boca ADDRESS: Raton Florida, 33487 Date of submittal/Proiected meeting dates: SUBMITTAL / RESUBMITTAL 7/12/00 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 11/18/00 & 11/28/00 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A i"D REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 11/28/00 MEETING: CITY COMMISSION MEETING: 12/05/00 COMMENTS: J:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\PROJECT TRACKING INFO.doc .,--~ APPLICATION ACCET'-~I.E DATE:_-''''~ W . - Pz-ClX1J 10 "RECEIVED BY STAFF I MB ,:~ FEE PAID: &-'- J:::.r-..-.. ,n ) /'I." ~ RECEIPT NUMBER: JJoL~l- ~&. . _~, CITY OF BOYNTO . ACH, FLORIDA ~ 0 (), 0 0/ PLANNING & ZONING BOARD LAND USE AMENDMENT ANDIOR 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 Planni~ Department Incomplete applications will not be processed. I D L' I ,-- PLEASE PRINT LEGISL Y OR TYPE ALL INFORMATION. Lr, II II I ( I. GENERAL INFORMATION 1, Project Name: Heise pca (Boynton Shoppes pca) i"~ji'ffijjill~l AI\., J ZONINGLq, 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 Cl i nt Moore Road Boca Ra ton. FL Phone: (5(.,1') qq, -~ 33487 (Zip Code) FAX: 5, Agent's Name (person, if any, representing applicant): Robert E. Basehart, Basehart Consulting, Inc. Address: 333 Southern Blvd., Suite 200 West Palm Beach, FL 33405 (Zip Code) FA)t (561) 833-3293 Phone: (561) 833-3114 City of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICATION 6, Property Owner's (or Trustee's) Name: ~oynton Shoppes, LLC. Address: 943 Clint Moore Road Boca Raton, FL 33487 (Zip Code) FAX: Phone: ~\) qq1 -c.o4-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,) Owner 9, Street Address or Location of Subject Parcel: 1620 S. Conaress 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 City of Boynton Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLlCA TION 16, Intended Use of Subject Parcel: Commercial Center--Addition of a 3,000 SF outbuilding with 1,500 SF of retail 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 Schm i dt & Assoc i ates 20, Site Planner: Jon Schmidt & Associat"s 21, Civil Engineer: Sun Tech Ene i """r i nl/ 22, Traffic Engineer: Simmons and Wh i te 23, Surveyor: Richard L, Shepard and Associates II. 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/ .L.(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 REZONING APPLlCA TION X (5) If the applicant is a corporation 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...(1) An accurate legal description of the subject parcel. .1....(2) A computation of the total acreage of the' subject parcel to the nearest hundredth (1/100) of an acre, .!....(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 shall 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. Lf, 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. +-1...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. ..,Lh, 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: L(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. .1...(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 B03fd LAND USE AMENDMENT ANDIOR REZONING APPLlCA TION L(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 mo/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 REZONfNG APPLlCA nON N/A (8) For proposed residential developments larger than one (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 concerning 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 tt.. 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, rec;reation 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 08:00a BaJl@hart 15611933-3283 p.2 Ciry of Boynlon 8~ach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLlCA rrON ( 12) Where conformance will1 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 to or concurrent with 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 whic:h have been adopted by ordinance or resolution. The Planning Department will inform lI1e applicant as to the rees which OIl'll required. All feu shall be paid by c:heclc, payable to the City of Boynton Beach, IV, CERTIFICATION (I) \'Ne) understand that this application and all plans and papers submitted herewith become a part of the perm.nent records of the Planning and Zoning Board. (I) \'Ne) 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 lad unless signed according to the instNClions below. ~!lC l 00 gnalure of Owner(s) or Trustee. or Authorized Principallf property is owned by a corporation or other business entity. Date V, AUTHORIZATION OF AGENT ~ E. ~ .....~ Signature of Authorized Agent { hI crJ Date Page 7 JuliO 00 09:00a Bas..hart IS611833-3293 p.3 City of Boynlon Beach Planning and Zoning Board LAND USE AMENDMENT AND/OR REZONING APPLICA nON (I) ewe) hereby designate the above signed person as (my) (our) authorized agent ....ith regard to this application, _ nature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity, l~(OQ Date Page 8 EXHIBIT "A" A parcel of laDd in Section 32, TO......hip -&5 south, Range 43 Bast, City of Boynton Beach, Palm 'Beach County, Florida, being more particularly described as follow., :> From the Northwest corner of said Section 32, said corner being on the c8Dterline of the 120 foot right-of-way of Congress AV8Due; th8Dce ruD South 01 degrees 23 ~utes 24 seconds Bast, along the West line of said " Section 32, for a distance of 951.12 feeti-theDce rUn North 87 degrees 40 ~utes 08 secODds Bast along P ,,~. 051.00 feet South of aDd parallel with, as measured at right aDgles to, the North line of said Section 32, for a distance of 63.57 feet, to the Point of BegiDDiDg of the Parcel of laDd hereinafter described, theDc:e continue North 87 degrees .0 ~utes 08 secoDQa Bast, along, the last described course, for a distance of i51.48 feet; tl>flIce XUZl North 01 degrees 23 1DiDute8 24 seCOZld8 West, alOZl9' a liDe 415.00 f_t Baat of aDd parallel with, .. --=ed at right aDg'lea to, the aaid Weat liDs Qf Sectigm 32, for a distance of 59..08 feet; theDce run South 87 degrees 40 ~utes 08 seCOll4a West, alOZl9' a liDs 357.00 f_t South of aDd parallel with, as aaeasured at right aDg'1.. to, the said )forth line of Sectigm 32, (also being 64.00 feet South of the CeDterliDe of woolbright Road) for a diatance of 117.30 feet, theDce run South 01 degre.. 23 m1nutea 24 seCODda BalIt, alOZl9' a line 297.72 feet BalIt of aDd parallel with, as meaaured at right aDgles to, the aaid Weat liDe of Section 32, for a distance of 200.00 feet; theDce XUZl South 87 degrees 40 ~utes 08 secODda West, along a line 556.97 feet South of aDd parallel with, as measured at right aDgles to, the said Jforth line of Section 32, for a distance of 221.75 feet, theDce ruD South 01 degrees 23 ~utes 24 secODds Baat along iL line, 76.00 feet BalIt of aDd parallel with, .s measured .t right aDg'les to, the said West line of Section 32, for 'a distance of 200.00 feet, theDce rim South 02 degrees 16 ~utes 19 seCOll4a West for, a distance of 194.69 feet, to the Point of Beg~"~~"g. 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I 0012 00211 I I I 1 I I 41 "- i 0031 0032 I \ 12 II 10 : _ 8 1 I:: : '35 F- 140___ Key: 30 I I ,- I 32 i 0000 lI02-oooo TRACT 8 ('\./' h -< 0000 ~JBCts 0 0 - 400 $' , 200' LOCATlIJl: Img 43E - Tip 455 - See 32 ---~---_._-~ 08/10/2000 02:36 5615824534 BASEHART PAGE 02 BOYNTON SHOPPES REZONING JUSTlnCATlON 4 IMPACT STATEMENT mSTIFICATlON: The purpose of this application is to a=JIIIplish the rezoning ohbe subject 3,63 acI'C property from PCD to PCD. The reason that this rezoning is necessmy is that I'Czoning to PCD is belled on a site plan submitted with the applic:ation, Since the applicant is modifying the approved site plan for the project to add a 3,000 square foot building (1,500 sq. Ft. ofmst food restaurant&: 1,500 sq. Ft. of retail) to the project it lw been detmnined that a rezoning application must also be approved. even though the existing IUld resulting zoning I1'e the same, Approval of this application will not have any impact on sUl'l'Qunding p10perties or the nature or character of the area, since the proposed uses I1'e pemdned in both the existing and proposed zoning district. The rezoning requirement is simply a technicality, In reality, this application is nothing more than a site plan approval modification, IMPACT COMPARISO~ Since the proposed building addition and uses I1'e pennitted uses in the PCD zoning district, there is no difference in the impacts of the existing or proposed zoning fOf the property. The proposed building could have been approved with the original application for rezoning to PCD. The proposed building will be COlllltrUcted in a single phase, with pennit applications beil18 made immediately after approval of the rezoning IUld site plan approval. It is anticipated that construction will take about 4 months tD complete, once pennns 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 respect to utility demand Of traffic. We have submitted a traffic lUlIIlysis prepared by Simmons & White, Inc., for the proposed building and uses. The estimated demand for water, sewer & solid waste services for the proposed building are: . Potable water deDWld- Retail ~ 150 gallons per day @ .1 galJst7day Fast food" 2,500 aallons per day @ 35 salIday/seat & 50 galJdayl required parking space ~ 2,650 galJday total Retail= ISO galIday FISt food= 2,500 gal.lday Total= 2.650 gal.lday 38.1 tonslyrtota1@ 7.47IbJsUyy(retail) & SO IbJsUyr (fast food) . SlIIitary sewer demand- . Solid waste generation- 08/10/2880 02:36 56158246~4 BASEHART PAGE 03 Boynton Shoppes Rezoning Justification at Impect Statement Page 2, 1he required fire flow under City standards is 1200 gallons per minute @ 30 lbs per square inch. Our project Engineer has confirmed that the project can meet this standard. Likewise, since the project intensity allowed under the existing and proposed zoning designation, approval of the rexoning will have no impact OD drainage, We have submitted a dralnage SUltement and a preliminary drainage plll11 that demonstrates that the project meets City drainase standards, Since the property is and will be zoned commercial, the project will have no impact on recreation or schools. As indicated above, we have submitted a traffic analysis that demonstrates that the project meets the Palm Beaeh County Traffic Perfonnance Standards,