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AGENDA DOCUMENTS /1 .I Z-NC.:V 00 ~ 0 I 3 CITY OF BOYNTON BEACH AGENDA ITElVl REQUEST FORlYI Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office o November 21,2000 I2SI December 5, 2000 o December 19,2000 o January 2,2001 NATURE OF AGENDA ITEyI November 9, 2000 (5:00 p.m.) 0 January 16, 2001 November 22,2000 (5:00 p.m.) 0 February 6, 2001 December 6,2000 (5:00 p.m.) 0 February 20, 2001 December 20,2000 (5:00 p.m.) 0 March 6, 2001 January 3,2001 (5:00 p.m.) January 17,2001 (5:00 p.m.) February 7,2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) o Administrative I2SI Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o )few Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the December 5,2000 City Commission Agenda under Consent- Ratification of Planning and Development Board action. The Planning and Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board). For further details pertaining to this request see attached Deparnnent of Development Memorandum No. PZ 00-258. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROG~~IMPACT: WA FISCAL IMPACT: N/A ALTER'fATIVES: N/A BOYNTON SHOPPES PCD (SIDE YARD SETBACK) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30 foot setback to allow a 17.5 foot variance or a minimum 12.5 foot side yard setback within the Boynton Shoppes PCD. 7vu ~~' Planning and n. g Director City Manager's Signature City Attorney j Finance / Human Resources Development Department Director \\C}f'.MAIJ','SHRDATA,PLA:-.INn-:G'SHARED'WP"PROJECTS\BOY~TO;-; SHOPPES lZ~CV SIDE SETBACK)TC 1:-5-00 ,\GESDA REQl:ESTDOT Requested City Commission Meeting Dates o November 21, 2000 o December 5, 2000 o December 19, 2000 [8J January 2, 200 I NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITElVI REQUEST FORLVI 1 ~r . '. ..vp'__. -~;- 0 1Q-- -"...... ~l C' ;/--/ ) ~ .... Date Final Form Must be Turned in to Citv Clerk's Off:ce Requested City Commission ~leetin<> Dates Date Final Form Must be TUr:1ed in to Citv Clerk's Office November 9, 2000 (5:00 p.m.) 0 Januar;16,2001 November 22,2000 (5:00 p.m.) 0 Febnmy 6,200 I December 6,2000 (5:00 p.m.) 0 Februarj 20,2001 December 20,2000 (5:00 p.:n.) 0 ~farch 6, 2001 January 3, 2001 (5:00 p.m.) January 17, 2001 (5:00 p.m.) February 7,2001 (5:00 p.m.) February 21, 2001 (5:00 p.m.) o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business [8J Legal o Unfmished Business o Presentation RECOMMENDATION: Please place this request on the January 2, 2000 City Cornmission Agenda under Ordinances-First Reading. The City Commission approved this request on December 5, 2000 and the Planning and Development Board with a 6-0 vote recommended that the subject request be approved (there are no conditions recommended by staff nor the Planning and Development Board). For further details pertaining to this request see Department of Development Memorandum No. PZ 00-273. /L () -ZL-~ Planning and ZonU(g irector D"c1i!.~t~rr'ctOt EXPLAt"lATION: PROJECT NA.ME: AGENT: O\V~cR: LOCATION: DESCRIPTION: PROGRA.'-I Th'IP ACT: N/A FISCAL EVIPACT: N/A ALTER"lATrVES: N/A t, ,. c/ ~ .. BOYNTON SHOPPES PCD (HEISE PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan ModificatiorvRezoning to allow for the construction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD. City Manager's Signature Cit'j Attorney I Finance I Hwnan Resources \\Cff<MAN.sHRDATA'.Pu..:-'~I:'iG.sHARED\WP'.PROJECTS\BOY:-;TON SHOP?ES (RE-zo:-<r.;Grcc 1.:.01 AGE:'iDA REQl'"EST COT Page 2 Boynton Shoppes peD File No. REZN 00-001 upon municipal services, and compatibility with adjacent properties. The emphasis of this analysis is on the intent of the PCD regulations compared to the proposed amendment. ADJACENT LAND USES AND ZONING The land uses and zoning in the surrounding area vary and are presented in the table that follows: North Right-of-way of Woolbright Road then farther north, office commercial under development including a bank and medical office buildings zoned Office Professional (C-l) East Bank; zoned Community Commercial (C-3) then farther east multi-story office building; zoned Community Commercial (C-3) South Multi-family residential; zoned Multi-family (R-3) West Service Station and fast food restaurant; zoned Community Commercial (C-3) then farther west, Congress Avenue right-of-way PROPOSED DEVELOPMENT The applicant is proposing this major modification to the Boynton Shoppes PCD in order to add additional retail square footage and a fast-food restaurant with drive-through window to the existing master plan. The additions will be made on that portion of the property fronting on Woolbright Road (see proposed master plan - Exhibit "B"). The applicant estimates that upon completion, the facility will employ approximately 35 people (full and part-time). Compatibility of the proposed use with the surrounding land uses is discussed below. The Land Development Regulations, Chapter 2, Section "F"-Planned Commercial Development District, contains the following site regulations with which this proposal must comply: Minimum perimeter setbacks .... ................ ....... ..........front side 40 feet 30 feet (a separate request for a variance is being submitted to reduce the side yard setback by 12.5 feet to 17.5 feet) 40 feet rear Minimum land area ......... ............. ....................... .......3 acres Maximum lot coverage ..............................................40 percent Minimum peripheral greenbelt width ........................10 feet; 25 feet when abutting residential use (a second separate request for a variance is being submitted to reduce the greenbelt setback by 5 feet to 5 feet) Maximum structure height......... ........ ........................45 feet Page 3 Boynton Shoppes PCD File No. REZN 00-001 ISSUES/DISCUSSION A) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PATTERN In general, the proposed uses are compatible with the established land use pattern, as the surrounding uses are of a commercial nature. The additions to the master plan are to be located between the service station/fast food restaurant to the west and the bank to the east. B) COMPATIBILITY OF PROPOSED REZONING WITH PUBLIC FACILITIES At the time of master plan approval, a review for concurrency certification was conducted for drainage and traffic facilities. Concurrency certification was issued after the determination that adopted levels of service standards were met. The impacts on facilities of the additions to the site plan as a result of the rezoning are as follows: WATER AND SEWER DEMANDS: Impacts to the water and sewer systems are estimated to increase potable water demand by 2,650 gallons/day and to increase sanitary sewer demand by 2,650 gallons/day. DRAINAGE: The project applicant has submitted a drainage statement and preliminary drainage plan to demonstrate that the project meets the City's drainage standards. ROADW A Y CAPACITY ANAL YSIS: A traffic analysis has been submitted for the proposed modification to supplement the traffic analysis submitted at the time of initial approval. These and other site impacts are further addressed in the staff report on the corresponding site plan application that is being requested concurrently with this request for master plan modification. C) CONFLICT WITH INTENT AND PURPOSE OF PCD REGULATIONS According to the PCD regulations, the intent and purpose of the PCD district is "to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned land by encouraging development which will reflect changes in the concepts and technology of land development and relate the land development to the specific site...". The regulations also intend to create a project "of efficient and harmonious design, so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments.". With the amendment to the code to reduce the minimum size of a peD, the original master plan generally satisfied the intent and purpose of the PCD regulations. However, the corresponding site plan and variance applications may jeopardize the general intent ofthe PCD regulations through the reduction of setbacks, perimeter buffer, and site design. This issue is furthered described by the following points: 1) The reduction in setbacks, and in particular, the reduction in the peripheral greenbelt, would reduce the quality of project intended by the PCD regulations without adequate justification. Page 4 Boynton Shoppes PCD File No. REZN 00-001 2) The applicant was aware of all site constraints and applicable regulations when PCD zoning, and the text amendment, were originally pursued, which was likely the reason that the original master plan did not propose useslbuildings within the subject location on the master plan; and 3) Project quality, in part, is a factor of setbacks, entrance layout, traffic circulation, and landscaping (peripheral greenbelt); all of which are negatively affected by the proposed modification. The ultimate layout and circulation within a master plan should be optimal given the intent of the system to facilitate comprehensive reviews at time of initial submittal. CONCLUSIONS/RECOMMENDATIONS Relative to architectural style and use, the subject project would be compatible with the various styles and commercial uses of adjacent properties, and therefore satisfy one intent of the city's PCD regulations. However, as indicated herein, the proposed project and variance requests would not satisfy the intent of the regulations "to accomplish a more desirable environment for commercial development in relation to existing and/or future city development", to "promote the public health, safety, convenience, welfare..", nor to provide efficient and hannonious design so as to create an attractive project". Based on the analysis and discussions contained herein, staff recommends that the subject request for a major master plan modification be denied. As an option to the applicant, staff would support a modification to the subject master plan to allow for additional square footage, if the modification would not require the reductions in the peripheral greenbelt and setbacks, and the minimum entrance throat requirement is satisfied to promote congestion- free and safe project circulation. If this recommendation is supported by the Planning and Development Board, a condition to require same will be added to the conditions of approval within Exhibit "C". Enclosures J \SHRDA T A\Planning\SHARED\ WP'PROJECTS\Boynton Shoppe' (Re-Zoning)\staff report-BoyntcnShoppe,.doc 2Vc'V 00....0,3 CITY OF BOYNTON BEACH AGENDA ITEl\l REQUEST FORlYI Requested City Commission Date Final Form Must be Tilr.:ed I'vketinl! Dates in to Citv Clerk's Omce Requested City Commissloi~ ~k~tin2 Dates Date Final Form \lus! be Tl:mcd :n to Cit\ Cleek's O:.tice D July! 8,2000 D August], 2000 D August 15,2000 D September 6, 2000 July 6. 2000 (5 00 p.m.) D Sep:e:nbee 19,2000 r8J October -", 2000 D October I ~, 2000 D :\ovembee 8, 2000 Septembcr /,2000 (5:00 p.m.) July 1').2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) October 5, 2000 (500 p.m.) August 16,2000 (5:00 p.m.) Octobcr 18,2000 (5:00 p.m.) NATURE OF AGE~DA ITEM o Administrative r8J Consent Agenda o Public Hearing D Bids o Announcement o Development Plans o New Business o Legal D Cnfinished Business o Presentation RECOMMEl'IDA TION: Please place this request on the October 4, 2000 City Conm1ission Agenda under Consent- Ratification of the Planning and Development Board action. The Planning and Development Board \vith a unanimous vote recommended postponement at the request of the applicant (additional time was requested to consider and incorporate final recommendations from staff). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-258. EXPLA:."fATIO~: PROJECT NA~IE: AGE~T: o \\'j\,'ER: LOCA TION: DESCRIPTIOi':; BOYNTON SHOPPES PCD (Side Yard Setback) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30 foot setback to allo\va 12.5 foot variance or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD. PROGR;\J'I nIP ACT: NiA FISCAL IMPACT: N/A AI, TER:.'iA TIVES: ~/A Director of Development City ~I3nager's Signature ---rzL./( } Z-t~ Director of Planning a oning City Attorney: Finance! Human Resources J .SHRDA TX.PL\ '.;'.;I';G SI!ARED WP PROJECTS BOYY;O:-; SIIOPPES 'Z:-;cv SIDE SE.~B.\C": CC 'f;.".'., ~G""D \ lTc,' REQl ESe !Si::JE\ DOT DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-212 TO: Sue Kruse City Clerk f'>7 L .f2- FROM: Michael W. Rumpf Director of Planning and Zoning DATE: October 26,2000 SUBJECT: Boynton Shoppes Zoning Code Variance 00-013 (Side Yard) Accompanying this memorandum you will find supporting documentation for the re- advertisement of the above-referenced case. Following advertisement, please provide this office with proof of publication and the advertisement fees (for both rezoning and variance), which will be forwarded to the applicant for reimbursement. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the November 28, 2000 Planning and Development Board meeting. Please advertise in the newspaper and notice to property owners accordingly. J:\SHRDA T NPlanning\SHARED\WP\PROJECTS\Bo)nton Shoppes (Z:-ICV Side Setback)'.Legal notice re,ised October 26 doc.doc ~OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Boynton Shoppes Request: Relief from Chapter 2, Zoning, Section 6,F.7.e. requmng a minimum side setback of 30 feet to allow a 17.5 foot variance resulting in a 12.5 foot side setback for the building. Location: 1620 South Congress Avenue Legal Description The west 351 feet of the north 594 feet of the NW quarter of section 32, Township 45 South, Range 43 East, less the west 221 feet of the north 200 feet thereof, containing a total of3.6 acres A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPlVIENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE LIBRARY PROGRAM ROOl\tI, BOYNTON BEACH LIBRARY, 208 S. SEACREST BL VD., BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEl\'IBER 28,2000, AT 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST November 13,2000 REQUEST FOR PUBLISHING --- LEGAL l'.JTICES AND/OR LEGAL ADVERl ~~....,MENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: October 26.2000 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for Boynton Shoppes. Relief from Chapter 2. Sec. 6. F.7.e.: a 17.5 foot variance resulting in a 12.5 foot side yard setback for the building .Planning and Development Board meeting to be held on November 28. 2000. at 7:00 P.M. in the Library Program Room. Boynton Beach Library. 208 S. Seacrest Blvd.. Boynton Beach. Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked October 27. 2000) within 400 foot radius of the subiect propertv. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: November 13. 2000 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: November 09.2000 APPROVED BY: (I) 71. ()~ (Originator) . /0 - 2(:-CO (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 00-212 TO: Sue Kruse City Clerk FROM: Michael W. Rumpf Director of Planning and Zoning DATE: August 11, 2000 SUBJECT: Boynton Shoppes Zoning Code Variance 00-013 (Side Yard) Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 for the variance to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the September 26, 2000 Planning and Development Board meeting. Please advertise in the newspaper and notice to property owners accordingly. \\Ch\mainlSHRDAT AIPlanninglSHAREDlWPIPROlECTSlBoynlon Shoppes (ZNC\' Side Setback)ILegal notice doc NOTICE OF PUBLIC HEARn. NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: Boynton Shoppes Request: Relief from Chapter 2, Zoning, Section 6,F. 7 .e. requmng a minimum side setback of 30 feet to allow a 12.5 foot variance resulting in a 17.5 foot side setback for the building. Location: 1620 South Congress Avenue Legal Description The west 351 feet of the north 594 feet of the NW quarter of section 32, Township 45 South, Range 43 East, less the west 221 feet of the north 200 feet thereof, containing a total of 3.6 acres A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE LIBRARY PROGRAM ROOM, BOYNTON BEACH LIBRARY, 208 S. SEACREST BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 26, 2000, AT 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST September 11, 2000 LEGA REQUEST FOR PUBLISHINf' - DTICES AND/OR LEGAL ADVEhdSEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: August 11. 2000 BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for Bovnton Shoppes. Relief from Chapter 2. Sec. 6. F.7.e.: a 12.5 foot variance resulting in a 17.5 foot side vard setback for the building .Planning and Development Board meeting to be held on September 26. 2000. at 7:00 P.M. in the Library Program Room. Boynton Beach Library. 208 S. Seacrest Blvd.. Boynton Beach. Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: All property owners (postmarked September 11. 2000) within 400 foot radius of the subiect property. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: September 11. 2000 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: September 6.2000 APPROVED BY: (1) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: