AGENDA DOCUMENTS
PLANNI~G AND ZONING DEPARTMENT MEMORANDUM NO. 95-667
Agenda Memorandum for
~ovember 21, 1995 city Commission Meeting
DATE:
Carrie Parker, City Manager
Tambri Heyden, planning and zoning Director ~~
November 16, 1995
TO:
FROM:
SUBJECT:
Boynton Commons PCD - File No. 95-003
Rezoning from C-3 to PCD
Please place th~ above-referenced request on the November 21, 1995
City Commission meeting agenda under Legal - Ordinances, Second
Reading. Pleas~ note that the City Attorney has not yet indicated
whether final reading of this ordinance must be advertised can occur
at this time given possible additional advertising requirements that
may be necessary.
DESCRIPTION: You will recall that the city Commission, on October 17,
1995, approved this request from Land Design, agent for Boynton
Commons Corpora~ion, to rezone a 23.03 acre parcel from C-3 (Community
commercial) to fCD (planned Commercial Development). Then on November
7, 1995 the City Commission approved this request on first reading.
The proposed pl~nned commercial development is located at the
southwest corner of Congress Avenue and Old Boynton Road, and consists
of 186,130 squa!re feet of gl-0SS leasable floor area within five (5)
buildings with ~ses that may include a restaurant, office and other
retail tenants.
RECOMMENDATION:, It is recommended that the attached ordinance be
approved Gn sedond readlng, provided concurrence from the City
Attorney is received.
TJH:mr
Attachment
HISC~I BCOHH2NO.AGH
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-642
Agenda Memorandum for
November 7, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden ~
Planning and Zoning Director
DATE: November 2, 1995
SUB3ECT: Boynton Commons - File No. REZN 95-003
Rezoning from C-3 to PCD
Please place the above-referenced request on the November 7, 1995
City Commission agenda under Legal - Ordinances, First Reading.
DESCRIPTION: You will recall that this request from Land Design
South, agent for Boynton Commons Corporation, to rezone a 23.03
acre parcel from C-3 (Community Commercial) to PCD (Planned
Commercial Development) was approved by Commission on October 17,
1995. It is now reading to finalize through adoption of an
ordinance. The property is located at the southwest corner of
Congress Avenue and Old Boynton Road. The proposed use is a
Planned Commercial Development (PCD) consisting of 186,130 square
feet of gross leasable floor area within five (5) buildings with
uses that may include a restaurant, office and other retail
tenants; some with drive-through windows (exempt from conditional
use approval since specified at time of master plan) .
RECOMMENDATION: It is recommended that the attached ordinance be
approved on first reading.
TJH:dim
Attachment
il:CCAgenMe.Boy
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-589
Agenda Memorandum for
october 17, 1995 City Commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. HeYden'7jiJ
Planning and zoning Director
DATE: October 11, 1995
SUBJECT: Boynton Commons - File No. LAAP 95-006 (landscape appeal
to omit abutting property landscape striP and landscape
material)
please place the above-referenced request on the October 17, 1995
City Commission agenda under Development Plans.
DESCRIPTION: This is a request from Laud Design south, agent for
Boynton Commons corporation to appeal Chapter 7.5, Article II -
Landscape Code, Section 5.E. to omit a 2 1/2 foot wide landscape
strip between the vehicle use area and the abutting property line
at the southwest corner of the site. The site is located at the
southwest corner of Old Boynton Road and Congress Avenue. The
request is submitted in connection with a rezoning and master plan
approval for the subject property.
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to all staff comments (Planning
and Zoning Department Memorandum No. 95-568).
TJH:dim
Attachment
,,;CCk!OlLAAP,Boy
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-586
Agenda Memorandum for
october 17, 1995 city Commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden' i)l~
Planning and Zoning Director
DATE: October 12, 1995
SUBJECT: Boynton Commons - File No. REZN 95-003
ReZoning from C-3 to PCD
Please place the above-referenced request on the october 17, 1995
City commission agenda under Public Hearing.
DESCRIPTION: This is a request from Laud Design south, agent for
Boynton Commons corporation, to rezone a 23.03 acre parcel
(previously 24.74 acres as indicated in the application) be rezoned
from C-3 (Community commercial) to PCD (Planned Commercial
Development). The subject property is located at the southwest
corner of Congress Avenue and Old Boynton Road. The proposed use
is a planned Commercial Development (PCD) consisting of 186,130
square feet of gross leasable floor area within five (5) buildings
with uses that may include a restaurant, office and other retail
tenants; some with drive-through windows (exempt from conditional
use approval since specified at time of master plan).
RECOMMENDATION: The Planning and Development Board, with a 7-0
vote, recommended approval subject to all staff comments (Public
Works Memorandum dated August 25, 1995, Engineering Division
Memorandum No. 95-314 and 95-310, Planning and zoning Department
Memorandum No. 95-571).
with respect to the soils report and the master stormwater drainage
plan that were submitted after the completion of the second review
of the master plan, the Engineering Division has indicated that the
soils report is acceptable, however the drainage plan must be
certified by an engineer to verify that the plan meets code.
Lastly, a discrepancy between the tabular total of gross leasable
floor area and the total calculated when adding the subtotals
indicated on the building footprints was noted. Therefore, it is
recommended that this request be approved, subject to the above
staff comments and to correction of the master plan discrepancy for
a total gross floor area not to exceed 186,130 square feet.
TJH:dim
Attachment
!l!CCAgEnlie.Boy
7.A.1
BOYNTON COMMONS
REZONING
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-566
TO:
Chairman and Members
Planning and Development Board
FROM:
Tambri J. Heyden
Planning and ZOning~tor
Michael E. Haag V
Zoning and Si: df istrator
October 5, 1995
Boynton Commons - File No. REZN 95-003
Rezoning from C-3 to PCD
THROUGH:
DATE:
SUBJECT:
Introduction
Land Design South, agent for Boynton Commons corporation, is requesting
that a 23,03 acre parcel (previously 24.74 acres as indicated in the
application) be rezoned trom C-3 (Community Commercial) to PCD (Planned
Commercial Development). The subject property lS located at the
southwest corner of Congress Avenue and old Boynton Road (see Exhlblt
"A" - location map). The proposed use of this p1"Operty is a planned
Commerclal Development (PCD) conslstlng of 186,130 square feet of gross
leasable floor area. Specifically, tIns p1-oject is planned to include
five (5) buildings with uses that may lnclude a restaurant, office and
other retall tenants (see Exhiblt "E" rezonlng appllcation and
proposed master plan) .
Pursuant to the City's Land Development Regulations (Chapter 2, Section
9.C.2), an analysis of thlS request need not include applicatlon of the
criterla within Section 9.C,7 (which in part, evaluates rezonlngs for
compatibility wlth adJacent land uses and land use patterns, changed or
changing conditions, compatibllity with utility systems, and
availability of alternative sites similarly zoned), as the proposed
rezoning does not 1-equire an amendment to the future land use map.
Alternatlvely, this analysls will emphasis the proposed master plan and
the speciflc recommendation within the Comprehensive Plan tor Planned
Commerclal Dlstrict zoning.
Ad1acent Land Use and Zonina
The land uses and existing zoning in the surrounding area varles and is
presented ln the table that follows:
DIRECTION
North
CSE
- Old BOynton Road
ZONING
nla
Farther IlOl'th
- Boynton Festive Center (partially built)
C-3
East
- Congress Avenue
n/a
Fart.her east
- Oak~'()od Square Shopping Center
C-3
~outh
- L.W,D.D. (L-24) Canal
n/a
Farther south
- Developed retail.. commercial and utility uses
C-3. PU
West
- Winchester Park Boulevard
Farthel wesl
- unde\-e loped property
AG
Historv and Present Zonina
The subject property represented a portion of the 50 acre "Mall South"
site which was annexed, reclassifled and rezoned in June of 1992.
Although the County's land use classification, CHIS (Commerclal High),
accurately represented the intenslty of adJacent land uses, the zonlng,
until annexed, reflected ltS current vacant state, lncluding its use for
the storage Gt livestock. Once annexed, the property was reclassified
to Local Retail Commercial (pursuant to the Comprehensive plan Future
Land Use Map), and zoned to C-3, Communlty Commercial, The
I
Page 2
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
comp1-ehensive Plan Future Land Use Element recommended (and still
recommends) that the parcels with1n Planning Area 7,f (see Consistency
with comprehensive Plan), where possible, be zoned and developed as
planned Commerc1al Developments (PCD). Based on this recommendation, the
previous applicant/agent (K1lday & Assoc1ates) stated that the sUbject
property would be rezoned to PCD once a development plan is produced.
The proposed proj ect and potential uses would be perm1 tted by the
existing C-3 zoning district and Local Retail Commercial land use
classification. The proposed uses, in general, include a restaurant,
office and various retail businesses. The follow1ng selected building
and site regulat10ns apply to sites within the C-3 zoning district:
Min1mum lot frontage
M1nimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(corner lots)
M1n1mum rear yard
MaX1mum structure he1ght
75 feet
15,000 teet
40 percent
20 feet
None (see Notes a and b)
15 feet street side (see Note b)
20 feet (see Notes b and c)
45 teet, not to exceed 4 stor1es
a. Where rear access 1S not available from a publiC street or
alley, a side yard of not less than fifteen (15) feet shall be
provided on one side.
b, When abutting a residential zone, side and/or rear yards shall
be thirty (30) feet min1mum.
c. Where rear yard access is available from a public street or
alley, rear yard may be decreased by one-half the width of
such street or alley, but in no case shall a rear yard be less
than ten (10) feet.
Oft-street park1ng as set forth in Section 11,H hereinafter.
Proposed Zoninq
According to chapter 2, Section 6.F.1 of the City's Land Development
Regulations, the purpose of the PCD zoning district "lS to provide a
zoning class1fication for commercial developments that will better
satisfy current. demands tor commerc1ally zoned lands by encouraging
development Wh1Ch will reflect changes 1n the concepts and technology ot
land development and relate the development of land to the specific
site, to conserve natural amenit1es and to allow for the mitigation of
negative impacts which result from land development",
The proposed Boynton Commons Planned Commercial Development consists of
five (5) single-story buildings which total 186,130 square feet of gross
leasable floor area (see Exhibit "B"- proposed master plan). The total
floor area consists of a 59,000 square foot multi-tenant bU1ld1ng, an
37,500 square foot mult1-tenant building, a 7,500 square foot
restaurant, a 5,000 square foot bank, and a 15,930 square foot pharmacy.
The multi-tenant building is currently proposed for retail uses. Access
to the PCD 1S prov1ded by four (4) ingress/egress driveways; two
driveways onto Winchester Boulevard and two located on Congress Avenue,
All driveways allow r1ght and left turn 1n and out of the site with the
exception of the south dr1veway on Congress Avenue which 1S 11mited to
right in and out. There are 979 parking spaces proposed on the master
plan, and only nine hundred and thirty one are required for this site
based on the planned 18b,130 square feet of gross leasable floor area.
The master plan indicates that the maximum he1ght of the project w1lI be
45 feet, which w1ll include ,~ll architectural features as well as the
~
Page 3
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
height of the clock tower (which is central to the parking area). The
follow1ng is a comparison between the code-required criteria that apply
to the design of planned commercial developmentE: and the proposed
Boynton Commons PCD:
b.
c .
d.
e.
f,
PCD DesiGn Criteria
a.
Min1lTIUm land area. The minimum land area for
a planned commercial development shall be
three (3) cont1guous acres.
Off-street loading, Every hosp1tal,
1nstitution, hotel or commercial building or
similar use requir1ng the receipt or
distribution by vehicle of materials or
merchandise shall have one (1) ott-street
loading bay for each twenty-five thousand
(;,5,000) square feet of gross floor area or
fract10n thereof. Off-street loading areas
shall be designed in such a manner as to
screen from view at ground level, parked
vehicles, a materials handling facilities
including compactors or dumpste1-s. F01- the
purposes of this section, screen1ng is defined
as a solid stucco masonry wall painted on both
sldes.
Lot coverage. The total ground floor area of
all buildings and accessory structures shall
not exceed forty (40) percent of the plot on
Wh1Ch they are constructed.
Open lot areas. All open portions of any lot
shall have adequate grading and drainage and
shall be cont1nuously ma1nta1ned in a dust-
free condition by sllltable landscaping with
trees, shrubs or planted ground cover. The
des1gn of such landscaping and the measures
taken to ensure its ma1ntenance shall be
subject to the approval of the commun1ty
appearance board.
Bovnton Commons
23.03 acre
8 requ1red/
8 p1-ovided
18.55%
37.80%
See landscape
plan
+/- 82 Feet
+/- 38 Feet
+/- 45 Feet
10 feet
Consistencv with Comprehensive Plan
The Comprehensive Plan contains site specit1c recommendations pertaining
to, in part, annexation, setbacks, adjacent uses, and zoning. These
recommendations are contained wi thin the Future Land Use Support
Document, Section VIII. Land Use Problems and Opportunities which were
adopted into the plan by POl1CY 1.17.3. According to Section VIII, the
subject property is located with1n Planning Area 7.f (which consists of
the undeveloped tracts on the east and west sides of Winchester Park
Boulevard), 1n which "the City should encourage intensive commercial
development" . In addition, other requil-ements or recommendations f01-
Planning Area 7.f, wh1cn apply to the subject property, are indicated 1n
Planned commercial
setbacks:
development
distr1ct
Front yard
Side yard
Rear yard
40 feet
30 feet
40 feet
Peripheral greenbelt. The project area shall
be enclosed on all sides with the exception of
accessways for traffic and freight by a
landscaped greenbelt area with a minimum width
of ten (10) feet except when such property
abuts a residential d1str1ct such greenbelt
shall have a m1nimum width of twenty-five (25)
feet.
::;
Page 4
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
the following eX8erpt from section VIII (7.f):
"., ,the parcels be developed as planned zoning districts,
where possible, or meet the intent of planning zoning
district setbacks and greenbelt standards where not
possible, that ~he City approve any Developments of Regional
Impact (including areawide DRIs) for these parcels, and that
development not exceed the capacity of public facilities
which serve these parcels".
Although this recommendation for PCD zoning is construed to apply to
individual parcels within Area 7.h, rather than the ent1re area as a
whole, the proposed master plan would not preclude the ultimate
unifi8ation (with 1-espect to design) with the 1-emaining undeveloped
portion of Area 7.f (that portion west of Winchester Park Boulevard).
Gi ven that the maj ori ty of buildings are proposed for the north and
south sides of the site, leaving the east and west ends open for access
and visibility, the two sites can be easily unified or combined to
produce a single commercial project which, in part, is consistent in
des1gn and appearance, and complimentary with respect to landscaping and
traffic or pedest1-ian circulation. It should be noted that this
orientation of the multi-tenant buildings is attributed to spe8ific
future plans the developer has for this adjacent undeveloped property.
Planned Commercial Development standards
There are three (3) standards listed in the Planned Commercial
Development (PCD] regulations which describe criteria for evaluating the
appropriateness of PCD zoning. The three (3) standards are as follows:
1. Relation to major transportation facilities,
~
~ .
utility extensions, sto1-m water mitigation and roadway improve-
ments.
3. The physical character of the site,
The following is an application of the three standards to the proposed
rezoning:
standard #1 - suggests that PCD's should be located where access to
major roadways or other transportation facilities is afforded without
creating or generating an unacceptable level of traffic along streets in
residential a1'eas or districts outside of the subject area, As
prevlously stated, the project is bordered on the north by Old Boynton
Road, on the west by Win8hester Boulevard and on the east by Congress
Avenue. The conclusion from the applicant's traffic consultant is that
no roadway improvements are needed as a result of the proposed project.
Palm Beach county reviewed the traffic report and made a determination
that the project meets Traffic Performance standards (see Exhibit "C" -
Palm Beach County Traffic determination). The proposed PCD does meet
standard #1,
standard #2 - requires that utility services be available to the site
and the property owner const1-uct water and sewer service consistent wi th
city regulations. The appl1cant is proposing to provide on-site
drainage through a network of drainage structures located in grassed
areas with the outfall emptying into a retention area located in the
southwest portion of the project, The applicant is working with the
Lake Worth Drainage District (LWDD) to culvert a portion of the adjacent
L.W.D,D (L-24) Canal located in the southeast portion of the site.
Based on the information submitted, it appears that the project can meet
both the city's and regulatory agencies requirements for stormwater run-
off, which must be demonstrated in order to comply with staff comments
(the stormwater master plan was submitted after second review comments
were completed; staff comments are forthcoming). As indicated 1n
Standard #1, Palm Beach county has determ1ned that the project complies
L/
Page 5
Memorandum No. 95-566
Boynton Commons
File No. REZN 95-003
with the requirements of the County Traffic Performance Standards, and
furthermore, staff has not requested additional off-site improvements.
standard #3 - pertains to the environmental aspects of the site, and it
should be noted that the city's Environmentalist/Forester has accepted
the vegetation assessment report submitted by the applicant. with
respect to soil characteristics, no staff comments have been generated
yet on the soils report which was also submitted after staff conducted
its second/final review of the proposed master plan. However, the soils
engineering report appears to meet the minimum requirements as
established within the Land Development Regulations.
Conclusion/Recommendation
Staff recommends that this request from Boynton Commons Corporation for
Planned Commercial Development zoning be approved subject to the staff
comments in Exhibit "D" Public works Department Memorandum dated
August 25, 1995, Engineering Division Memorandum No. 95-314 and No. 95-
310, and Planning and zoning Department Memorandum No. 95-571, This
recommendation is based on the following:
1. The proposed rezoning is consistent with the Comprehensive plan
recommendation for Planned Commercial Development zoning as
described for Planning Area 7,f within the Future Land Use Support
Document, section VIII - Land Use Problems and Opportunities;
2. The design of the proposed PCD is in compliance with the design
criteria established in the zoning code, subject to staff comments;
3. The proposed maste1- plan meets the criteria represented by the
three standards for zoning property to PCD, subject to compliance
with relevant staff comments (see Item #2);
4. The commercial uses allowed in a PCD district are consistent with
uses allowed in the present C-3 zoning; and
5. The proposed zoning, peD, in general, is comparable to the existing
zoning, C-3 (Community Commercial).
NEH:mr
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CITY OF BOYNTON BEACH, FLORIDA
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 Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type All Information.
I. GENERAL INFORMATION
1. Project Name: BOYNTON COMMONS
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 Commons Corporation
Address:
7040 Palmetto Park Road, #302
Boca Raton. FL
33433
Phone:
(407) 482-8310
(Zip Code)
F1\X: (407) 487-8724
S. Agent's Name (person, if any, representing applicant):
Address:
Robert A. Bentz/Land DeslRn South
1280 North Congress Avenue, #215
West Palm Beach. FL 33409
,
Phone:
(407) 478-8501 F~:
(Zip Code)
(407) 478-5012
6. property OWner's (or Trustee's) Name:
Bill Rav Winchester and F.1"i" A. Wi nrh",,'..r, hi" ''lfe
Address:
PO Drauer 1240
Boynton Beach, FL 33435
(zip Code)
F~:
Property Ouner's (or Trustee's) Name:
Winchester, Winchester, Zeiher & Schroeder,
a Florida General Partnership
'One Lincoln Place, #301, 1900 Glades Rd, Boca Raton, FL 33431
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
'1
".
(2)
7. Correspondence Address (if different than applicant or
agent) :
1280 North r.nna:rP-AR AvpntlPr 171;
West P~~m Beach.,FL 33409
*This is the 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.)
Buyer/Developer
9. street Address or Location of subject Parcel: The SotlLhuest
corner of Old Bov.ntan Road and COnl.rp"" AvenllP.
10. Legal Description of subject Parcel:
(See Survey)
,
.
"
11. Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): 24 , 74 ,\cres
12.
Current Zoning District:
Proposed Zoning District:
(;-3,
13.
14.
15.
Planned Commercial DeveloDment
,
Current Land Use Category:
LRC (Local Retail)
Proposed Land Use category:
LRC (Local Retail)
16. Intended Use of subject Parcel: ProDosed retail,de'Ve1ol',"pn~
with a 7,500 s.f. restaurant, 5.000 s.f. bank: 16.000 ".f phArmAry;
and other in line retail users
17.
Developer or Builder:
Boynton Commons CorDoration
18. Architect: Marc Wiener
19. Landscape Architect: Robert A. Bentz/Land Desilln South
20. site Planner: Land Desi~n South and Marc Wiener
21. civil Engineer: Joel Wantman/The Wantman GrOUD
22. Traffic Engineer: Joseph Pollock/Kimley-Horn & Assoc.
23. surveyor: Don Todd/Atlantic Caribbean MaDDin2
PLANNING DEPARTMENT - APRIL 1991
A: LandQlle
/0
(7)
111.
~l'UCAT19~..FEas. Fees shall be paie! ai: the time that the
applIoation 1. submitted, aoootding to the feer; which have
been adopted by ordinance ot resolution. The Planning
P8pa~tment will inform the Applioant as to the fees which
are r.q~ired. All fe.. shall be paid by check, payable to
the City of Boynton Beach.
CaRTlrtCATIQN
IV.
,
j
I
(t) (We) understand that this application and all plans And
papers submitted herewith become a part of the permanent
records ot the Planning and zoning Board. (I) (Wel hereby
certify that tbe above statements and any st~tements or
Showings In any papers or planl .ubmltted herewith are tr~.
to the best of (my) (ourl knowledge and belief. This
application will not be aocepted unless 8igned according to
tho instructions below.
x .,!::t'S'~e A.t4,-hehr>rk'.r
)<. GP4"", a~
Signature of OWner(s) or Trustee,
or Authorized Principal if property
is owned by a oorporation or other
busines8 entity.
1'3-RJ/? :)'-
Elate
,
.
t
,
I
Robert A. Bentz/Land D~sign South
Signature of ~uthoriEed Agent
8/30/95
'Date
,
j
v.
AtJ'l'HORIZA'l'ION O~ AOl.ij';l'
-
(II (We) hereby designate the above signed person as (my)
(our) authorized d to this application.
f.
x
'><
S gn e of OWner I or Trustee,
or Authorized Principal if property
is owned by a corporation or othQr
business entity.
8'- ..?CJ-X>
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~L~tNG DEPARTMENT - APRIL 1991
II
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E X H I BIT "e"
13
Board of County Commissioners
Ken 1. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T, Marcus
Carol A, Roberts
Warren H, Newell
Mary McCarty
Maude Ford Lee
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~_..'.~~ ~ ill' County Administrator
I ~ Robert Weisman
I I 1335 i
PLANNING AND
ZONING DEPT.
partment of Engineering
and Public Works
September 1, 1995
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.o. Box 310
Boynton Beach, Fl 33425-0310
RE: BOYNTON COMMONS
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the revised traffic impact
study for the project entitled Bovnton Commons, pursuant to the Traffic
Performance Standards in Article 7.9 of the Palm Beach County land Development
Code. The proposed project-will consist of 181,130 square feet of general retail
and a 5,000 square foot drive-in bank. You will note that the size of the retail
has been reduced from the 250,000 square feet addressed in the traffic impact
study that you sent to this office. The proposed project will generate 6,684
daily trips. The build-out is 1996.
The Traffic Division has determined that the project meets the requirements of
the Traffic Performance Standards of Ptllm Beach County. If you have any
questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
09-~ Jv~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc. William Hukill, P.E., Director
Boynton Beach Department of Development
Joe Pollock, Kimley Horn
File: TPS.. Mun. - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn51
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Box 21229 West Palm Beach, florida 33416-1229 (407) 684-4000
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PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Tambri Heyden, Planning and Zoning Director
FROM: Robert Eichorst, Public Works Director
DATE: August 25, 1995
SUBJECT: Site Plan - Boynton Commons - 2nd Review
Dumpster location must be readdressed however concerns are minimal.
If you have any questions please give me a call at 375-6201.
E chorst
Works Director
xc: Central File
/0
TO:
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-310
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FROM:
Tambri J. Heyden
Planning & zoning Director
I~~~am ~ukill, P.E.
l~~- Eng1neer
PLANNING J\.fiD \C
ZONING DFPL ~7
DATE:
August 17, 1995
RE:
BOYNTON COMMONS - MASTER PLAN COMMERTS
We have completed our first review of subject master plan and have
the following comments:
A. Revise documents to reflect all comments.
B. Provide proof of unity of title.
C. Provide release from LWDD accepting pavement, etc. over
easement.
D. County road. entrance sign requires PEC approval & State
road entrance sign requires FDOT approval.
E. The master plan is subject to the provisions of Chapter
2 of the LDR Sec.9C, pg.2-BO.
F. Provide Traffic Impact Analysis. Chap.2, Sec. 9C4h(5),
pg.2-B5 and Chap.3, Sec.3S, pg.3-5
G. Specify the name, address, telephone number of the
applicant's agent. Chap.3, Art.IV, Sec. 3D, pg.3-4
H. Provide a statement that all utilities are available and
will be provided by appropriate agencies. Chap. 3,
Art.IV, Sec.3P, pg.3-5
I. Show the locations of all temporary structures or
permanent structures having a temporary use. Provide a
statement outlining the temporary use and when they will
be removed. Chap.3, Art. IV, Sec.3R, pg.3-5
J. Provide a master stormwater management plan. Chap. 3,
Art. IV, Sec.3T, pg.3-6
K. Site plan review and approval required. Chap.4, Sec.2,
pg.4-1
L. County permits required for construction in Congress
R.O.W. Chap.6, Art.VII, Sec.4B, pg.6-24 and Chap.23,
Art.II, Sec.H6, pg.23-9
M. Provide Certification by Developer's Engineer that
drainage plan complies with all City codes and standards.
Chap.6, Art. IV, Sec.5A, pg.6-7 and Chap.23, Art.IIF,
pg.23-8
N. Inlets must be in grassy areas unless otherwise approved.
Chap.6, Art. IV, Sec.5B, pg.6-8 and Chap.23, Art. IIF,
pg.23-B
O. Locate all drainage easements. Chap.6, Art. IV, Sec.6B,
pg.6-9
P. Excavation and/or fill permits will be required. Chap. B,
Art.I, Sec.2, pg.8-1
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DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-314~
PLANNING AND
ZONING DEPT.
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TO:
Tambri J. Heyden
Planning & Zoning Director
~/JAAf~m ~ukill, P.E.
~ng1neer
FROM:
DATE:
August 22, 1995
RE:
BOYNTON COMMONS - 2ND MASTER PLAN REVIEW
We have completed our second review of subject master plan and
have the following comments:
From August 17 comments, the following are satisfied; G,U,V
From August 17 comments, the following may be addressed in
site plan and/or platting reviews; A,B,C,D,F,K,L,M,N,O,P,R,
S,T,W,X
From August 17 comments, the following must be resolved as
condition of master plan approval; E,H,I,J,Q
In addition, a soils investigation report must be submitted as
part of this master plan review.
Note: The applicant has agreed to supply curbs or curb stops at
all parking stalls.
WVH:ck
C:BL'OMMON.s.MPl
/7
-
Engineering Division Memo No. 95-310
Re: Boynton Commons - Master Plan Comments
August 17, 1995
page #2
Q. Provide dumpster location & details, including drainage.
Chap.7.5, Art.II, Sec.5J, pg.7.5-18 and Chap.9, Sec.10C3,
pg.9-4
R. Photometries must be approved for both pedestrian and
parking lot lighting before building permit can be
issued. Chap.23, Art.II, Ala, pg.23-6
S. Parking lot dimensions, striping, aisles, stalls, radii,
signs, landscaping, etc. must conform with City codes and
standards. Chap.23, Art.II, pg.23-6
T. Concrete curb must conform to City standards. Chap.23,
Art.IIE, pg.23-7
U. Major driveway must have 100' clear to 1st access aisle
unless variance previously granted. Chap.23, Art.IIH5,
pg.23-9
V. Number of driveways may not exceed two on each street.
Chap.23, Art.II, Sec.H7, pg.23-9
w. Parking stall minimum 18' long. Chap.23, Art.II,Il,
pg.23-9
x. Provide fire lanes along front of all buildings.
Chap.23, Art.II, Sec.M, pg.23-9 & 23-10
.
WVH/ck
C:BCOMMONS.MPR
/'1
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-571
TO: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael E. Haag
Site and Zoning Development Administrator
DATE: October 4, 1995
SUBJECT: Boynton Commons - REZN 95-003
3rd Review Comments for Master Plan Approval to construct
a 186,130 square foot reta1l complex on 23,03 acres of
land in connect1on with a rezoning from C-3 to Planned
Commercial Development (PCD).
1. On the master plan 1dentify the minimum required landscape
spec1fications for the follow1ng; landscape specifications
regardIng grade of material, installation requirements and
irrigat10n specif1cations. Also ident1fy the location,
specie and method of installation of lawn grass. Also
identify specie, spacing or count and size of all landscape
material (note; the size of the landscape material shall be
cons1stent with the minimum size requirements identified in
the landscape code and at least 50% of the total number of
trees and hedges provided shall be identified as a native
specie).
2. Enhance the open space landscaping. The landscaping shown on
the plan for the most part depicts required veh1cle use area
screening with the exception of the trees proposed for the
entrances on Congress Avenue and Winchester Park Boulevard and
some additional trees located in landscape islands in the
parking area. It is recommended that the following additional
landscaping be installed in the greenbelt:
i. Maintain the required 40 foot on center spacing of the
perimeter greenbelt trees along the existing rights-of-
way. However, change the layout from one tree 40 foot on
center to a grouping of three or four trees that have a
medium or small classification as llsted in the FPL
brochure titled "plant The Right Tree In The Right
Place", The group1ng of trees will create a natural
appearance.
ii. Add to the perimeter greenbelt berms approximately 24 to
30 inches above the adJacent sidewalk located in the
r1ght-of-way. The berm does not have to be cont1nuous,
however, it will glve some character to the streetscape,
iii. Instead of installing the continuous hedge in a straight
lIne meander the hedge within the 10 foot to 15 foot wide
greenbelt.
iv, specify on the plan that sod or mulch will be installed
over all areas not planted with ground cover, trees
and/or shrubs.
3. Specify on the master plan the final determinat10n of the
landscape code appeal file number LAAP 95-006.
4. Specify on the master plan the dimension between the west side
of "Major #6" and the west property Ilne.
5. Provide a copy of the City approved unit1ed control documents.
6. DimenSIon the w1dth of the south two-way dr1veway located on
Wincnester Boulevard (note; minimum width for two-way traffic
is 20 feet).
olo
Page 2
Memorandum No. 95-571
3rd Review Comments
Boynton Commons
REZN 95-003
7. submission of a rectified master plan will be required to be
submitted to the Planning and Zoning Department in triplicate
prior to platting and site plan approval of the project,
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-445
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TO:
Tambri J. Heyden
Planning and zoning Director
FROM:
Michael E. Ha,ag
Site and zoning Development Administrator
DATE:
August 16, 1995
SUBJECT:
Boynton Commons - REZN 95-003
1st Review Comments for Master Plan Approval to construct
a 254,030 square foot retail complex on 27.74 acres of
land in connection with a rezoning from C-3 to Planned
Commercial Development (PCD).
......",.....
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Please be advised of the following comments relative to the review
of the Master Plan for the above-referenced project:
MASTER PLAN COMMENTS:
1. Modify the master plan to incorporate the property that is
shown on the survey submitted with the rezoning application or
submi t a survey of the property east of Winchester Park
Boulevard at the south end of the proposed project. [Land
Development Regulations, Chapter 2 - Zoning, Section 6. F. 8.
a. (2) (c)]
2. Remove one of the driveways on Winchester Park Boulevard or be
granted approval of a parking lot variance to allow three
driveways on this street frontage of the project. This
comment shall be complied prior to the plan moving forward.
If the applicant is proposing to retain all driveways as shown
on the plans an application for the parking lot variance shall
be submitted to run concurrent with the rezoning request. The
submission of the variance application prior to September 1,
1995 would allow the project to move forward. [Land
Development Regulations, Chapter 23 - Parking Lots, Article II
H. 7.]
3. Modify the design of the driveway on Old Boynton Road to show
a distance of 100 feet from the north property line to the
first access aisle/parking space or be granted approval of a
parking lot variance to allow the dimension to be less than
100 feet. This full access driveway which will handle 30% of
the external traffic distribution (see traffic report by
Kimley-Horn) is. considered a major driveway. If the
applicant is proposing to retain the distance to the first
access aisle as shown on the plans an application for the
parking lot variance shall be submitted to run concurrent with
the rezoning request. The submission ot--"--'a variance
application prior to september 1, 1995 would allow the project
to move forward. [Land Development Regulations, ,Chapter 23 -
Parking LotS.., Article II H.,~..1 ',. ,q
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4. Show on the'master plan ~he location, size and type of ~
existing easements located on the property. Indicate on the
plan what ,your intentions, are regarding retaining the
ea....m..nts. ..Jlf the existing easements are within the area of t
'a pr6posed building, an abandonment application sh,all be
submitted by the applicant to run concurrent with the rezoning
request. The submission of an abandonment application prior,
to,september 1, 1995 would allow the project to move forward. )
[Land Development Regulations, Chapter 2 - zoning, Section 6.
F. 8. a. (2) (c) and Chapter 3 - Master Plan, Article IV,
Section 3.H.I. and L.]
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Page 2
Boynton Commons - REZN 95-003
August 16, 1995
1st Review Comments
5.
6 .
7.
8.
9.
10.
11.
Amend the master plan drawing to include the location of the
existing ingress/egress that leads to the project north across
Old Boynton Road. For traffic safety purposes adjust the
location of the driveway proposed for the subject site,
located on Old Boynton Road, to align with the driveway....
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leading to the Boynton Festive Center project located north ,~(
across Old Boynton Road. [Land Development Regulation, 0\N-:)~'
Chapter 3 - Master Plan, Article IV, Section 3. H., I., and, ,."
Chapter 2 - zoning, Section 6. F. ~,' a. (2) (~;,lJ;," : <"!;..' ~
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Label and show on the master plan the ~h d1111QRIri'Elil ,C!l'f'-"efte' .. ,.
perimeter peripheral greenbelt. The minimum width dimension
required for all sides of the proposed PCD zoned project is 10
feet. [Land Development Regulations, Chapter 2 - Zoning,
Section 6. F. 7. f. and F. 8. a. (2) (d)]
Modify the design of the parking area to show parking
that have a width dimension of no less than 9 feet.
Standard Drawing B-90012]
spaces
[City
Modify the parking data and parking lot layout to show no less
than 1,271 parking spaces with at least 22 handicapped parking
spaces. The 1,271 parking spaces are required based on the
254,030 square feet of retail complex identified on the plans.
Indicate on the master PIgn~- at~' h totaL...b.11ilding area
identified on the plan is, gross'. .1easab ~ floo:r>~rea. If the
area identified is nob--- oss easable' area provide
documentation identifying the gross leasable floor area
including floor plans. [Land Development Regulations, Chapter
2 - zoning, Section 11. H. 16. d. (2), (3) and City adopted
handicapped code]
Redistribute the handicapped parking spaces to serve the
proposed restaurant, bank and major tenant #1.
At each driveway show traffic arrows depicting the on-site and
off-site lane direction/configuration that matches the lane
configuration depicted on the traffic report submitted by the
applicant. [Land Development Regulation, Chapter 3 - Master
Plan, Article IV, Section 3. I. and Chapter 2 Zoning,
Section 6. F. 8. a. (2) (c)]
Show on the master plan with arrows the traffic
specifically delineating two-way and one-way traffic.
Development Regulations, Chapter 2 - Zoning, Section 6.
a. (2) (e)]
flow,
[Land
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',' 12. To properly identify the required setbacks indicate on the
master plan whether the east, west or north side of the
,~ project is the front of the property. [Land Development
iP Regulations, Chapter 2 - zoning, Section 6. F. 7. e.]
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13.
Enhance the open space landscaping. The landscaping shown on
the plan is for the most part required vehicle use area
screening with the exception of the trees proposed for the
entrances on congress Avenue and Winchester Park Boulevard and
some trees in the landscape islands located in the parking
area. The open space landscaping shall be shown on the master
plan and will be reviewed by the Planning and Development
Board and City Commission. specify, in note form, on the
master plan the minimum landscape specifications regarding
grade of material, installation requirements and irrigation
specifications. Delineate the open space landscape material
from the code required material. For the open space landscape
area identify the location, specie and method of installation
of lawn grass. Also identify specie, spacing or count and
size of all landscape material proposed for the open space
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Page 3
Boynton Commons - REZN 9S-003
August 16, 1995
1st Review Comments
14.
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area (note; the size of the open space landscape material
shall be consistent with the minimum size requirements
identified in the landscape code and at least SO% of the total
number of trees and hedges provided shall be identified as a
native specie). Show on the master plan the location of the
retention pond. [Land Development Regulations, Chapter 2 -
Zoning, Section 6. F. 7. d.]
~Am~d the note r,egart1,ing quapti ty .of 10ac;Ung zo~s pr~ided to
iJ)dicate .eleve!l" 10a12l1ng zones are provided ratherthan_t.enH..a.~)
indicated on the plan. Show, label and diqL!~Mj.on on the
master plan the location and screening for the ~n required
loading zones. Please refer to Section J. of Chapter 2 -
Zoning of the City's Land Development Regulations regarding
minimum size of a loading zone. Also refer to Section 10. C.
of Chapter 9 - Community Design plan and Section 6. F. 7. b.
of Chapter 2 Zoning of the city's Land Development
Regulations regarding other specifications for loading zones;
It is recommended that a loading zone be provided for thft'
restaurant building. [Ci ty' s Land Development RegulatTons,
Section 6. F. 7. b. of Chapter 2 - Zoning]
Place a note on the master plan indicating dumpster and
recycling containers including enclosures will be provided in
compliance with the City's Land Development Regulations.
The following information shall be shown in compliance
with the code on the site plan: Show, label and
dimension on the master plan the location of the reqUired
dumpster enclosures and recycling containers. The
location, size and screening of the containers shall
comply with the requirements identified in the zoning
code, landscape code and community Design code.
16. Add a note to the master plan indicating that the parking area
interior landscape requirements will be shown in compliance
with the code on the site plan.
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The following information shall be shown in compliance
with the code on the site plan: Add to the site plan the
parking area interior landscaping calculations as
required by the City's Land Development Regulations,
Section 5. G. of Chapter 7. S, Article II - Landscape
Code. Indicate in note form with computations that the
site is in compliance with the landscape requirements for
green space area and number of trees by stating what is
required and what is provided.
." 17. Add a general note that all buildings are one story and do not
have mezzanines. If the buildings have mezzanines and are
multi-story indicate same on the plans and modify the number
of parking spaces shown and parking data accordingly.
18. Add a general note to the master plan indicating that the
~ architectural design, material(s) and colors of each building
t.'..? shall match. Also add a general note indicating that the
design of the site, building and all signage shall comply with
the Community Design Plan.
Add a general note to the master plan indicating that all
proposed uses shall be consistent with the requirements listed
in the City'S Land Development Regulations.
20. Add a note to the master plan indicating that the project is
subject to site plan review prior to permitting.
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Page 4
Boynton Commons - REZN 95-003
August 16, 1995
1st Review Comments
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21. Provide data showing compliance with Land Development
Regulation, Chapter 3 - Master Plan, Article IV, Section 3. M.
regarding subsurface soil conditions and groundwater depth.
Also, add a note to the master plan regarding subsurface soil
conditions and groundwater depth as described in the
aforementioned code section. compliance with this comment is
required prior to forwarding the request, however, the City
Engineer may take the lead on compliance of this comment.
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22.
Add a statement to the master plan that all utilities are
available and will be provided by the appropriate agencies.
Compliance with this comment is required prior to forwarding
the request, however, the City Engineer and utilities
department may take the lead on compliance of this comment.
[Land Development Regulations, Chapter 3 Master Plan,
Article IV, Section 3. P.]
23. Submit for review documents to show compliance with the
existing tree survey and tree management plan requirements as
identified in Land Development Regulations, Chapter 3 - Master
plan, Article IV, section 3. V. Compliance with this comment
is required prior to forwarding the request, however, the City
Forester may take the lead on compliance of this comment.
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24. On the drawing titled "Section of Typical PCD Greenbelt",
identify the location of the property line, public right-of-
way and easements (where applicable). On the master plan
identify the location of the section drawing.
~ Submit legal documents assuring unified control of the
\J proposed PCD. The documents are subject to review by the
City's legal staff and are required prior to the request
moving forward. [Land Development Regulations, Chapter 2 -
zoning, Section 6. F. 3. and 8. a. (1)]
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26. Find attached Exhibit "A", a punch list of items unresolved,
regarding the rezoning application.
27. Submission of a rectified master plan will be required to be
submitted to the Planning and zoning Department in triplicate
prior to/site plan review of the project.
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NOTE: For clarity in determining the Code language for the
comments, find attached Section 6F. of Chapter 2 - zoning and
Chapter 3 Master Plan from the City's Land Development
Regulations.
In conclusion, the applicant has agreed to modify the plans to show
compliance with the comments made by staff relative to master plan
approval. The modified plan for 2nd submittal will be submitted by
the applicant on August 18, 1995. The applicant will distribute
the plans to staff on August 18, 1995 and in-turn the plans will be
discussed at the August 22, 1995 meeting. If the applicant cannot
make the August 18, 1995 submission date, he will bring the plans
to the August 22, 1995 TRC meeting. The objective of the 2nd
submittal and review is to have staff determine that the plans are
ready to be forwarded prior to the deadline date of legal
notification which is september 1, 1995. The rezoning request is
planned for a Planning and Development Board meeting of October 10,
1995 and the City Commission on October 17, 1995.
Attachments
..:1II11111104.4'.lIl11b
{Boynton COllllllon. RBIH S5.0031
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'l1ie City of
tJ3oynton tJ3eacli
100 ~. 'Boynton '&tIdJ 'BoukfNlrtf
P.O. ~31O
'Boynton 'BtQ€n, %nitfa 33425-0310
City?fDII: (<<J7) 375-6000
~;v(: (<<J7) 375-6090
August 16, 1995
Ms. Jennifer L. Morton, Project Mgr.
Land Design South
1280 North Congress Avenue, #215
West Palm Beach, Florida 33409
RE: Boynton Commons - REZN 95-003
Comments on Application for Rezoning
Dear Ms. Morton:
A completeness review of your rezoning application was conducted which identified
minor deficiencies (separate from the master plan) within the application which are
to be corrected by September 1, 1995. Each comment is described below, numbered
according to the corresponding application item number, and includes the recommended
action to address the deficiency.
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The survey includes parcels #4 and #5 as part of the site; however, the
respective deeds do not confirm similar ownership. If this is our
oversight, this information can be clarified verbally (this issue has
been communicated and is currently being researched by the surveyor);
The survey shows as "NOT INCLUDED" an area occupying the southwest
corner of the site, which contradicts the inclusion of this property on
the "conceptual master plan". Assuming that this portion is intended as
part of the master plan, the survey should be revised accordingly;
The application material excludes the Palm Beach County Property
Appraiser'sltax maps with the subject property encircled by the 400'
marking. Please provide this office with two (2) copies of this map(s)
which assists with verification of property owners by the City Clerk;
The application has only been signed by one of the owners, Mr.
Winchester. As indicated under Section II.c.1, written consent must be
provided by all owners when the property is controlled by joint or
several owners. I would recommend that you submit either a revised
signature page, or a letter endorsing the application signed by all
owners of record; and
Pursuant to master plan submittal requirements, Land Development
Regulations, Chapter 2, Section 6(F)(8), applications for Planned
Commercial Districts must include a market study indicating the market
area and demand for the facilities proposed (see attachments within
cover Memorandum #95-445).
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Page 2
#95-003
If you have any questions regarding these comments please contact me at 375-6260.
Very truly yours,
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Michael W. Rumpf,
Senior Planner
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Art. I, SJ.
CIIAPTBR 3
MAS'l'ZR PLAN REVIEW
Article
Article
Article
Article
I.
II.
III.
IV.
In General
Applicability
" Preapplication Conference
Master Plan Preparation and Submittal
ARTICLE I. IN GENERAL
Section J.. Purpose.
The purpose of this chapter is to provide a procedure to
review new developments, redevelopments and modifications to
existing developments that require compliance with the
development regulations of the City of Boynton Beach and promote
development that is desirable, innovative, imaginative and
compatible with existing development in the city.
Section 2. Prerequisites to master plan.
A. Zoning.
Prior to consideration of any proposed subdivision under
the terms of this ordinance, the area to be subdivided
must have the appropriate zoning for the intended use.
B. Suitability of land.
Unless adequate methods of correction are fonnu1ated and
approved in accordance with the provisions of this
chapter, land which is determined to be unsuitable for
subdivision due to poor soil quality, flooding or other
features likely to be harmful to the health, safety and
general welfare of future residents, shall not be
subdivided.
Section 3. .......inistration.
For the purpose of coordinating, enforcing and administering
this chapter, the director of development shall be the
administrative officer, except that the director of planning
shall be responsible for the review and administration of the
pre-application process.
Section 4. Technical review c~ttee (mC).
The director of planning will present all master plans to the
mc for review and comments before placement on the agenda of the
City Commission. All plans shall have been signed by the
appropriate members of the TRC prior to placement on the
commission agenda.
AdDpt.d April 4. 1"5, Orelia..e. 0'5-02
..v1..4
3-1
Art. I, !is
Section 5. Approval.
Upon receiving the approval as prescribed for the master plan
from the director of development. the developer shall coordinate
the preparation of construction plans, the plat and the
construction of required improvements directly with the office of
the director of-development as hereinafter prescribed.
ARTICLE II. APPLICABILITY
Section 1. Master planning required.
The following work shall be required to undergo master plan
review:
A.
All new developments.
All modifications to existing development that expand
floor area, require increased parking, intensify the use
of a structure or change the occupancy of a building.
B.
c.
Exterior remodeling, alterations, modifications.
~
Master plans for all planned developments shall comply
with this chapter except that lot sizes, setbacks and
other features preserving open spaces of scenic and
useful value for common enjoyment established in Chapters
2 and 2.5 shall take precedence over this chapter in
cases of specific conflict.
Section 2. Bxemption to master plann; ng .
The following work shall not be required to undergo master
plan review:
A. The construction of a single-family home or a duplex.
B. Installation of fire sprinklers.
C. Replacement of existing electrical components.
D. Installation of fire alarms.
E. VOluntary life safety responsive projects when endorsed
by the fire marshal, development director and planning
director.
F. Master plan review may be waived by the planning and
zoning director or designee based upon submission of
written application; payment of fee; and all of the
following:
1. If the remodeling, alteration, modification,
development or redevelopment does not change the
Adopted Apr1l 4. 1"5. Ordin.Dca 0'5-02
.evi..d
3-2
Art. II, S2
preexisting configuration of buildings or site or
reduce emergency vehicle access; and
2. If there is no change of use which increases the
required number of off-street parking spaces; and
3. If there is compliance with the land development
regulations of the City of Boynton Beach. In the
event a property owner or his agent disputes the
planning and zoning director's determination
regarding compliance, the work shall be subject to
review. .
ARTICLE III. PRBAPPLICATION CONPBRBNCB.
The purpose ~r the pre-application procedure is to allow the
developer and the directors of development and planning the
opportunity to consult informally prior to the preparation of the
master plan and formal application.
Section 1. Written preapplication.
A written
of planning.
following:
pre-application shall be submitted to the director
The written application shall contain the
A. Ten (10) copies of a written statement generally
describing the condition of the site and the proposed
development of the entire subdivision. This statement
shall include but is not limited to data on existing
covenants, location of utility facilities, soil
characteristics and information describing the
subdivision proposal including number of units, typical
lot size, public areas, anticipated utility source and
other information considered pertinent.
B. Ten (10) copies of a sketch plan including the following
on a twenty-four by thirty-six (24 x 36) inch sheet: A
vicinity sketch showing the location of the land to be
subdivided; approximate acreage; natural features such as
low or swampy areas, streams, lakes or canals;
identification of adjacent lands; a brief description of
the land to be Subdivided; name, telephone number and
address of the developer; date; north arrow; streets;
general lot and block layout; layout of all adjoining
streets; zoning classification of the tract and adjacent
properties; location of existing improvements and any
other significant features.
C. A fee as adopted by resolution of the City Commission is
required with the pre-application, to help defray the
cost of processing the pre-application.
D. Ten (10) copies each of an existing tree survey and a
tree management plan.
Adopted April 4. 1"5. Ord1a.ace 095-02
...1..d
3-3
Art. III, 52
Section 2. Procedure.
Upon receipt of the statement, plan and fee, the director of
planning shall disperse copies to the city manager, TRC members,
the city clerk and, if required, the city's consulting engineers.
The director of planning will then advise the developer of the
time and place of the planning and development board meeting.
After consultation with the director of development and planning
and development board, the developer may proceed with an
application for approval of the master plan as required by this
ordinance.
ARTICLE IV. MASTBR PLAN PREPARATION AND SUBMISSION
Section 1. Preparation.
The developer's Florida registered engineer, landscape
architect, architect or surveyor shall prepare a master plan of
the subdivision. The master plan shall be coordinated with the
major utility suppliers providing services.
Section 2. Submission.
Ten (10) copies of the master plan of the proposed
subdivision must be submitted to the director of planning for
placement on the technical review committee agenda.
*" (Section 3. Master plan c~
When submitted, the master plan shall contain the following:
A. Name of subdivision or identifying title which shall not
duplicate or closely approximate the name of any other
subdivision in incorporated or unincorporated areas of
Palm Beach County.
B. A vicinity sketch showing the location of the tract in
reference to other areas of the city or county.
C. North arrow, graphic scale, scale and date.
D. Name, address and telephone number of the developer, the
developer's agent, the engineer and the surveyor.
E. The location, names and elevations of adjacent
subdivisions, if any.
F. The tract boundary.
G. Topographical conditions on the tract including existing
watercourses, drainage ditches and bodies of water,
marshes and other significant features.
AdoVca4 April 4. 11'S. Ord1~.he. 0'S-02
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EX1st1ng streets, alleys and easements on or adjacent to
the tract including name, right-of-way width and street
or pavement width. Existing streets shall be dimensioned
to the tract boundary. ~ CQ/Ylt>U/f1 ""t /II"~""S
Existing property lines, easements and rights of way,
their purpose, and their effect on the proposed
subdivision.
Art. IV, li3
1.
J.
The incorporation and compatible development of present
and future streets as shown on the official city map when
such present or future streets are affected by the
proposed subdivision.
Access points to collector and arterial streets showing
their compliance to the access requirements established
by this ordinance.
All existing drainage district facilities and their
ultimate right-of-way requirements as they affect the
proposed subdivision.
Generalized statement of subsurface conditions on the
property, plus location and results of tests made to
ascertain subsurface soil conditions and groundwater
depth.
K.
N.
Zoning classification of the tract.
Utilities such as telephone, electricity, water, sewer,
gas, cable, etc., on or adjacent to the tract including
existing or proposed water treatment plants and sewerage
treatment plants.
A statement that all utilities are available and will be
provided by appropriate agencies.
o.
Sites proposed for parks, recreational areas, and
schools.
R.
The locations of all temporary structures or permanent
structures having a temporary use. Master plans shall
contain a statement outlining the temporary use and when
they will be removed.
A subdivision that generates three thousand (3,000)
vehicle single-directional trips per day or two hundred
fifty (250) vehicle single-directional trips in anyone
hour period must submit a traffic impact analysis not
more than six (6) months old, prepared by a professional
engineer competent in traffic engineering for use in
determining the number of lanes and capacity of the
street system proposed or affected by the development,
and the phasing of improvements.
S.
Adope.. April 4. 1"5, O~diD.DC. 0"-02
..v!..d
3-5
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Art. IV, li3
A master storm water management plan outlining the
primary and secondary drainage and storm water treatment
facilities needed for the proper development of the
subdivision shall be submitted along with the master
plan. The master storm water management plan shall
consist of an engineering drawing; a written report
indicating the method of drainage; existing water
elevations; recurring high water elevations; the proposed
design water elevations; one hundred-year storm
elevation; drainage structures; canals; ditches; storm
water treatment methods; necessary percolation; detention
and management areas; and any other information
pertaining to the control and management of storm and
ground water. In cases where modification or
improvements are neither planned nor required for primary
and secondary drainage facilities, this requirement may
be met on the master plan.
Upon filing the master plan with the director of
planning, the developer shall pay a fee as adopted by
resolution of the City Commission to help defray the cost
of administering and processing the master plan and this
fee is not refundable. If more than one resubmittal of
the corrected or revised master plan is required by the
TRC, an additional fee shall be charged for each
resubmittal.
U.
Existing tree survey and tree management plan.
Section 4. TecbDical review.
A. Upon receipt of the master plan and required data, the
director of planning shall disperse copies to the members
of the TRC and shall advise the developer of the time and
place of the TRC meeting. The meeting of the TRC shall
be held within ten (10) working days from the receipt of
the master plan.
B. The TRC shall review the master plan and required data
with the developer. During consultation with the
developer, the director of planning shall inform the
developer whether the plan and data as submitted meet the
provisions of this ordinance.
1. When the TRC finds that the master plan and required
data do not meet the provisions of this ordinance, it
shall advise the developer what corrections or
revisions are necessary and shall, within five (5)
working days, express ~he reasons in writing to the
developer. The developer shall then make corrections
or revisions and resubmit the master plan and
required data to the director of planning for
dispersement to the members of the TRC. The planning
director shall reschedule the matter for review and
Adopted April 4, 1"5. Ordia.D~. 0'5-02
.....1..d
3-6
Art. IV, !i4
info~ the developer as to the time and date of the
meeting.
2. When the TRC finds that the master plan and required
data meet the provisions of this ordinance, TRC
members shall sign the master plan indicating
approval and transmit the master plan to the planning
and. development board which will (subject to
approval) then authorize the developer to proceed
with the preparation of construction plans and plat
as required by this ordinance. The planning and
development board shall express its actions in
writing to the developer within five (5) working days
and return to him a signed copy of the approved
master plan.
Adopt_d .pril 4. It.s, Ordiaaaca 0".02
a.vi..d
3-7
/JC>yNft,AJ t;;h!tY)~"Js.
56
PIANNBIl COfoMBRCIAL DEVELOPMBNT D:ISTRICT.
1 . Intent and purpose. A nned commerci
( ) is established. Th urpo.e of th
is provide a zoning clae fication for
deve nts that will bette atiefy curren
for'c rcially zoned lands encouraging
devel t which will reflect c gee in t~
concepts d the technology of 1 developmennd
relate the evelopment of land to't specific s e,
to conserve tural amenities and to ow for the
mitigation of egative impacts which r lt from 1
develop.ent.
Regulations for POD are intended to ace
mo%e de.irable en ent for commercial de
in relation to exis g and/or future city
evelopment, permit e nomies in providing publi
rvices, and to promot the public health, safet ,
c venience, welfare and ood government of the City
of oynton Beach.
2.
a.
d under unified control,
devel ed as a whole in a singl
operati or a programmed series
operati for commercial building
uses and ilities;
Provides fo a commercial district of
and harmoniou design so arranged as to
attractive pro t readily integrated wi
having no advers effect on adjoining or
surrounding areas d developments;
Is developed accord to comprehensive and
detailed plans for st ets, utilities, lots,
uilding sites, etc., site plans, floor plan
d elevations for all b ld!ngs intended to be
1 ted, constructed, use d related to one
ano er, and detailed plans or other uses and
imp ments on the land rel. to the
build! ; and
Includes program for full pr sion,
maintenan and operation of sue areas,
improvement facilities and servi s for common
use by the 0 ants of the planned commercial
evelo nt.
lanned and
development
development
and related
b.
ficient
reate an
and
-
--
Unified control. All lands included in a planned
commercial development shall be under the control of
the applicant or his assigns (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
Adapted Ap~ll t. 1"1, Ordi...e. .JS~'J
.."l..d
2-53
"
---~._~-_..
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56
evidence of the unified control of the entire area
within the proposed POD. The applicant shall agree
to:
a. Proceed with the proposed development according
to the provisions of these zoning regulations and
-coDditions attached to the zoning of the land to
PCO;
b. Provide agreements, contracts, deed restrictions,
and sureties acceptable to the city for
completion of the development according to the
plans approved at the time of zoning to PCD and
for continuing operation and maintenance of such
areas, functions, and facilities as are not to be
provided, operated, or maintained at public
expense: and
c. Bind their successors in title to any commitments
made under subseceions 3a and b above. All
agreements and evidence of unified control shall
be examined by the city attorney and no zoning of
land to the POD classification shall be adopted
without a certification by the citr attorney that
such agreements and evidence of un fied control
meet the requirements of these zoning
regulations.
4. or panned c
ing recommendati
ing of land to t
zoning classifi
developmen oard and City C
following 10 tional, utility
standards con stent with the c
addition to the tandards establis
of these zoning lations applic
land generally.
Relation to majo ransportation fsc ities. A
PCD shall be so 10 ted with respect major
roadways or other tr sportatian facil! es as to
ovide direct access major transport ion
f ilities without crea g or generating
una eptable level of tra ic along streets
resi tial areas or distr s outside it.
b. btens of publicly owned d maintained
utilitie and storm sewers, et shall be
construct by the applicant at expense to
city and sa utilities, etc. sha be deeded
the city clea of any encumbrances. onstruction
standards emplo d in the installatio
publicly maintai d utilities and sto
hall be those pr gated by the engine
u lity departments mended periodicall
Co ing streets, consistent with the intent of
.dQP~.~ .p~11 .. 1ttl. Or~l..De. .tS-82
...,.l..d
2-54
.
56
these regulations. any required roadway
improvements shall be constructed at the
applicant's expense including the dedication of
additional rights-of-way as noted in the traffic
and circulation element of the comprehensive plan
and the replacement of roadway capacity when
- applicable.
c. Physical character of the site. The site Ihall
be suitable for development in the manner
proposed without hazards to persons or property,
on or off the tract, from probability of
flOOding, erosion, or other dangers, annoyances,
or inconveniences. Condition of the soil,
groundwater level, drainage and topography shall
all be appropriate to both kind and pattern of
use intended.
5. Uses permitted, conditional uses, uses requiring
environmental review permit.
a. All uses listed in Section 6.C.l of these zoning
regulations provided however, that us.s listed as
conditional will not be required to secure
conditional use approval if shown on the master
plan required as a part of this submission; Uses
which would require an environmental review
permit in the C-3 district shall also require
such a permit in accordance with Section 11.3,
prior to being established in a PCD district.
Furthermore, the planning and development board
may require that any other use obtain an
environmental review permit, prior to being
established in a particular PCD. Any use which
uses, handles, stores, or displays hazardous
materials, or which generates hazardous waste, as
defined by 40 Code of Federal Regulations, Part
261, shall require an environmental review permit
in accordance with Section 11.3.
b. Uses ancillary to permitted uses; and
c. Commercial uses not listed in Section 6.C.l, but
approved by the planning and development board.
6. Uses prohibited.
a. All uses listed in Section 6.C.2 of these zoning
regulations.
7. Design criteria for planned commercial developments.
In addition to the design and construction criteria
established in other chapters or sections of the
Boynton Beach Land Development Regulations, the
following design criteria shall be applicable to the
zoning, design and construction of planned commercial
developments:
Adopted April t. 1"!. Ordiaaaea 0't-02
".v1..d
2-55
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Minimum land area. The minimum land area for a
planned commercial development shall be three (3)
contiguous acres.
"Off-street loading. Every hospital, institution,
hotel or commercial building or similar use
. requiring the receipt or distribution by vehicle
-of materials or merchandise shall have one (1)
off-street loading bay for each twenty-five
thousand (25,000) square feet of gross floor area
or fraction thereof. Off-strtet loading areas
shall be designed in such a manner as to screen
from view at ground level, parked vehicles, a
materials handling facilities including
compactors or dumpsters. For the purposes of
this section, screening is defined as a solid
stucco masonry wall painted on both sides.
Lot coverage. The total ground floor area of all
buildings and accessory structures shall not
exceed forty (40) percent of the plot on which
they are constructed.
Open lot areas. All open portions of any lot
shall have adequate grading and drainage and
shall be continuously maintained in a dust-free
condition by suitable landscaping with trees,
shrubs or planted ground cover. The design of
such landscaping and the measures taken to ensure
its maintenance shall be subject to the approval
of the community appearance board.
Planned commercial development district setbacks:
a.
b.
/
c.
/d.
r..">( ..............e.
1"'1"
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Front yard
Side yard
Rear yard
40 feet
30 feet
40 feet
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&flrf
Peripheral greenbelt. The project area shall be
enclosed on all sides with the ex~eption of
accessways for traffic and freight by a
landscaped greenbelt area with a minimum width of
ten (10) feet except when such property abuts a
residential district such greenbelt shall have a
minimum width of twenty-five (25) feet.
B. Procedures for zoning land to planned commercial
development. The procedure for zoning land to the
planned commercial development classification shall
be the same as for zoning lands generally; however,
because of the differences between planned
development districts and conventional district
boundary regulation changes, the procedures and
requirements which follow shall apply to all
applications for zoning to PCD in addition to the
general requirements.
Adopted April 4, 1"', Ordinance 0".02
...1..<<1
2-56
56
a. Applications; materials to be submitted. In
addition to information required for application
for zoning generally, the applicant shall submit
~ the following materials or data:
~~(11 Legal documents assuring unified control of
.~~( ~ - the proposed PCD and the agreements required
CC'~rf'^'" under subsection 3 above.
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of
all
icating the mar
cilities propos
area and
t board findin
aring(sl, the
all recommend t
PCD zoning re
fications or Ii
the City C
ngs that the
rements:
. After
anning and
the City
st be approve
ied. In makin
sian, the boar
licant has met
a. rements of Se ion 9C of these
ons related zoning generall~
b. irements fo unified control sted in
n 6F3 above;
c. The tandards list d in Section 6F4
d. The design criteria listed in Secti
and
e. Consistency with the adopted comp ehensive
for Boynton Bea
.
~dDpt.6 ~prl1 4. 1.,.. Ordl...oe "fala
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2-57
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a. Applications; materials to be submitted. In
addition to information required for application
for zoning generally, the applicant shall submit
the following materials or data:
~ )'<'
, (1)
-----
Legal documents assuring unified control of
the proposed PCD and the agreements required
under subsection 3 above.
A master plan containing:.
ND
(2)
;' ;)"1
C,
(a) The title of the project and the names of
the professional project planner,
~'I - engineer, surveyor and developer;
,,)" "____ (b) Scale, date, north arrow, and general
" -~ +oc:.1i!t.ion map;-----___.
fl~ - (c)~undaries of the property involveOj) all
existing st;1:~.._buildings, wat:er
/ ~Q\frs-e~.~sements;} ~ection lines and
It // /other exist1n~-11np6rtaritpnysieal' "_
: /l, 'f.ea~ur.es -i.n and.a9-"ioining the ~:roj ect; ')
~ (d) Site plan of locat1ons of Iana uses
inclucU.ng_but.. !lQ~ limited to commercial ""
areas I (greenbel ts')and proposed .' ,>,i<' ..'
~. right-Of=ways; - . i,:'~'
(e) Master plan showing access and traffic
flow; and
.(f) Tabulations of total gross acreage in the
development and percentages thereof to be
devoted to the various land uses.
, '
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(3) Subdivision master plan requirements not
listed above.
(4) A market study indicating the market area and
demand for the facilities proposed.
9. Planning and development board findings. After
conducting a public hearing(s), the planning and
development board shall recommend to the City
Commission that the PCD zoning request be approved,
approved with modifications or denied. In making its
recommendation to the City Commission, the board
shall make findings that the applicant has met the
following requirements:
a. The requirements of Section 9C of these
regulations related to zoning generally;
b. The requirements for unified control listed in
Section 6F3 above;
c. The standards listed in Section 6F4 above;
d. The design criteria listed in Section 6F7 above;
and
e. Consistency with the adopted comprehensive plan
for Boynton Beach.
Adapted April 4, 1"5. Ordinance 0'5-02
..vi..d
2-57
S6
10. Conditions and stipulations. In recommending zoning
of land to the PCO classification, the planning and
development board may recommend and the City
Commission may attach suitable conditions,
safeguardS, and stipulations, in accord with
standards set out in these zoning regulations and in
this section. The conditions, safeguards and
stipulations so made at the time of zoning to PCO
shall be binding upon the applicant or his successors
in interest. Deviations from the' approved master
plan except in the manner herein set out or failure
to comply with any requirement, condition, or
safeguard, shall constitute a violation of the..
zoning regulations. It 1a intended that no
conditions, safeguards or stipulations be required
which are not within the standards set out in these
zoning regulations and in this section and that
conditions, safeguards, and stipulations be clearly
related to the ends and objectives of these zoning
regulations and this section.
11. Time limit. The approval of the zoning to PCO by the
City commission shall be in effect for eighteen (18)
months from the effective date of the approval of the
ordinance to rezone. Failure to record a plat of
record for the first phase of the development or for
the total development as the case may be within the
aforementioned eighteen (18) months shall result in
the approval of rezoning being subject to review by
the City Commission. The City Commission shall
direct staff to submit to the City Commission an
application which will down zone the property to the
original or appropriate zoning district. Following
such direction by the City Commission, no new
development permits affecting the property shall be
issued by the city until a final determination is
made by the City Commission following notice and
public hearing. Upon written request by the
applicant prior to the expiration of the PCO
classification the City Commission may extend for one
(1) additional year, the period for commencing
platting procedures. In granting such extensions, the
City Commission may impose additional conditions to
insure completion of the platting process and conform
the project to current development standards, and to
protect the health, safety and welfare of adjacent
developments.
12. Platting, site development plans and building
permits.
a. Platting. All planned commercial developments
are subject to and shall be developed consistent
Adapted April 4. 1.t5. Ordlaane. a,i.o2
a.vi..d
2-58
!i6
c.
with the requirements of Chapters 5 and 6 of the
Boynton Beach Land Development Regulations.
Site development plans. All plans for lots or
parcels proposed to be developed within planned
commercial developments are subject to and shall
be developed consistent with the requirements of
-Chapter 4, Site Plan Review, Land Development
Regulations.
Permits. No building permits shall be issued
unless and until platting procedures and the
requirements outlined in Chapter 5 of the Land
Development Regulations are completed in every
respect.
b.
- --
13. Changes in plans.
a. Modifications to approved plans which result in
an increase of ten (10) per cent or more in
measurable impacts such as traffic created, water
used or sewage or storm water generated or some
other comparable measure shall be processed as
for a new application for zoning to PCD.
b. Modifications to approved plans which result in
an increase of less than ten (10) per cent in
measurable impacts as determined by including any
changes in traffic generated, water consumed or
sewage to be collected will require review and
recommendation by the planning and development
board and final approval by the City Commission.
The City Commission decision to approve, approve
with modifications or deny, shall be predicated
upon a finding of consistency with the
comprehensive plan and a finding that any such
increase will not result in a negative impact on
infrastructure delivery systems or the
surrounding area in general. It is the intent of
this section that all additional impacts be
mitigated. Modifications which result in an
increase of less than ten (10) percent in
measurable impacts shall not extend the
expiration date of the eighteen month approval of
a PCD classification.
7. Pl~ industrial velopment ~rict. ~,
INTENT AND PURPOSE. A pIa ed industri developmeQt
district (PI is establish . The purpo e of this ~
district is to rovide a zoni g classifica on for lig
dustrial deveI ment that wi better sati y current
nds for light ndustrial zo d lands by en ouraging
dev opment whieh w 1 reflect eh ges in the t hnology
of la d development a relate the evelopment 0 land to
the sp ific site and t conserve na ral amenitie .
Regulati s for the PID e intended t aceomplish a more
~
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Lawrence Road and Old Boynton Road. Commercial zoning should not be
permitted along Old Boynton Road, in order to prevent the aesthetic
and traffic safety problems that would accompany strip commercial
development. Commercial development would also create and intrusion
into the single-family neighborhood which lies to the north.
7.f. Incorporated and Unincorporated Parcels Bounded by Conqress
Avenue, Old Boynton Road, Knuth Road. and L.W.D.D. L-24 Canal
This area contains a number of parcels in an unincorporated enclave,
all of which should be annexed. These parcels have unique
characteristics, since there are relatively few owners, the area is
bounded by collector and arterial roads, and the area is adjacent to
a regional mall and two community shopping centers. Consequently,
the City should encourage intensive commercial development in this
area. Particular requirements of the City should be that these
parcels be annexed prior to development, the parcels be developed as
planned zoning districts, where possible, or meet the intent of
planned zoning district setbacks and greenbelt standards where not
possible, that the City approve any Developments of Regional Impact
(including areawide ORIs) for these parcels, and that development
not exceed the capacity of public facilities which serve these
parcels.
In order to minimize la~d use conflicts with the residential land
uses which lie to the west, those parcels which abut the east side
of Knuth Road should be placed in the Office Commercial land use
category. The City should require that commercial development of
these properties includes the provision of adequate buffers to
protect the residential land uses which lie to the west.
High Density Residential or mixed-use residential and commercial
development should be considered to be an alternative land use, if
roadway capacity proves to be a problem. Residential densities up
to 10.8 dwelling units per acre would be permitted in this case.
The rights-of-way for Congress Avenue, Knuth Road, Old Boynton Road,
abutting this area should also be annexed, as well as any platted
Palm Beach Farms roads within the area.
7.g. Unincorporated Parcels Alonq North Side of Boynton Beach Blvd.,
east of Knuth Road
Those parcels along the north side of Boynton Beach Blvd. which lie
to the east of Knuth Road should be annexed and placed in the Local
Retail Commercial land use category and zoned C-3 Community
Commercial.
Rev. 10-24-91 - Ord. 90-77 (7.f)
89