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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 2, 2003 November 17,2003 (Noon.) 0 February 3, 2004 January 19,2004 (Noon) 0 December 16, 2003 December 1,2003 (Noon) 0 February 17, 2004 February 2, 2004 (Noon) ~ January 6, 2004 December 15,2003 (Noon) 0 March 2, 2004 February 16, 2004 (Noon) 0 January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unftnished Business RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4 to I vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-300. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Krispy Kreme (MSPM 03-012) Michelle Hoyland, Jason Mankoffwith Weiner & Aronson, P.A. Dynamic Doughnuts, Inc. 640 West Boynton Beach Boulevard Request for Major Site Plan Modiftcation approval for a 20 foot tall "pole sign" on a 1.04-acre parcel in a C-2 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Develop City Manager's Signature ~. -ilf-~ . Planning and Zo' Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\krispy kreme\MSPM 03-012\Agenda Item Request Krispy Kreme MSPM 03-012 1-6-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC i DEVELOPMENT DEPARTMENT PLANNING AND ZONINGDMSION MEMORANDUM NO. PZ 03-300 STAFF REPORT TO: Chairman and Members Planning & Development Board and City Commission Michael Rumptf{. (,)10-' Planning and Zoning Director Eric Lee Johnson, AICP tl//' Planner f December 10, 2003 THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: Krispy Kreme / MSPM 03-012 Major Site Plan Modification PROJECT DESCRIPnON Property Owner: Applicant: Dynamic Donuts, Incorporated Dynamic Donuts, Incorporated Agent: Location: Ms. Michelle Hoyland with Weiner & Aronson, P.A. Northwest 1st Avenue (between NW 1st Avenue and Boynton Beach Boulevard (SR804) east of NW 7th Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Land Use/Zoning: No change Proposed Use: Request major site plan modification to construct a 20-foot tall pole sign, which would replace an existing eight (8) foot tall monument sign on a 1.04-acre parcel in the C-2 zoning district Acreage: 1.04 acres (45,470 square feet) Adjacent Uses: North: Right-of-way of West Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with a service station (Texaco) to the northwest; to the northeast the Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 2 intersection of Boynton Beach Boulevard and West Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned LIght Industrial (M-l) (the locations of L10yds Auto Electric and Foster Oil); South: Right-of-way of NW 1st Avenue, then property classified Low Density Residential, zoned Single family Residential (R-l-A) and developed with single family homes; Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two-family) homes; and East: West: Developed property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. BACKGROUND Proposal: Ms. Michelle Hoyland, agent for Dynamic Donunts, Incorporated is requesting a major site plan modification to replace an existing eight (B) foot tall monument sign with a 20-foot tall aluminum pole sign for the Krispy Kreme donut shop, located at 640 West Boynton Beach Boulevard. Site Characteristic: Originally, the Krispy Kreme parcel consisted of three (3) separate lots with different zoning districts. The eastern portion (O.26-acres) was zoned R-2 and the western portion (O.7B-acres) was zoned C-2. The project included the approval of a concurrent rezoning application (LUAR 01-00B) that changed the underlying land use from R-2 to C-2. The developer razed the two family dwelling units that were built on the eastern lot and combined it with the commercially-zoned lot. The drive through facility for the restaurant required conditional use approval. The City Commission approved the Krispy Kreme project (COUS 01-005) on January 15, 2002. The site plan (sheet Sl) shows the location of the existing monument sign. The structure was approved at eight (B) feet in height and sits 10 feet away from both the west and north property lines. The abutting Boynton Beach Boulevard right-of-way varies in width. In fact, the abutting right-of-way is much wider along the eastern portion of the property than it is on the western portion of the property. However, the entire portion of the right-of-way that abuts the subject property is a grassy swale area and is to remain free from visible obstruction. Concurrency: ANALYSIS Traffic: The proposed 20-foot tall pole sign would have no impact on traffic and therefore, the project meets the Traffic Performance Standards of Palm Beach County; Drainage: The proposed 20-foot tall pOle sign would replace the existing monument sign. This would have little or no impact on drainage; School: School concurrency would not be applicable to this type of project of modification. Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 3 Driveways: The site plan (sheet S1) shows an existing driveway opening on Boynton Beach Boulevard. It would not be altered as a result of this request for major site plan modification. Parking Facility: Restaurants require one (1) parking space per 100 square feet of gross floor area. Therefore, a total of 47 parking spaces are required. The site plan (sheet S1) shows that 53 spaces have been provided. No parking lot changes are proposed as a result of this request for major site plan modification. Landscaping: The existing pervious or "green" area is 8,280 square feet or 18% of the total site. Much of the perimeter of the site Is constrained with overhead power lines. Most tall growing palm and shade trees would conflict with the gUidelines of Florida Power & Light's "Right Tree, Right Place" publication. However, when the project was originally site planned, an attempt was made to buffer the subject commercial property from the adjacent residential properties. The developer installed seven (7) Ironwood shade trees spaced every 20 feet along the east property line and eleven (11) Cassia shade trees were installed every 25 feet along the southern property line. Chapter 7.5 of the Land Development Code only required one (1) tree spaced every 30 feet along these property lines. The aforementioned trees were placed in such a way as to create a continuous upper level canopy, serving as a formidable uninterrupted buffer along the east and south property lines. The landscape plan (sheet Ll) that was approved with the original application showed Cassia trees installed along the north property line within the front landscape buffer. These trees, installed at 12 feet in height, will eventually grow up to 25 feet in height. The location of the existing freestanding sign, if allowed at 20 feet in height, would conflict with the canopy of the existing shade trees. This conflict is the reason why staff recommended that the freestanding sign be eight (8) feet in height. Also, staff aCknowledges that property owners want the freestanding signs to as close to the roadways as pOSSible for higher degree of visibility. Staff has no objection to this need. However, the problem arises when a conflict occurs between the visibility of a sign and the mature canopy of a tree. The intent of the Land Development Regulations is often circumvented when, after Installation and maturity, a property owner "hatracks" or removes the trees because It obstructs views to project signage. Installing a 20-foot tall pole sign now is really just a short-term solution for the property owner that would lead to conflict in the future. Staff analyzed the status quo and made some recommendations to the Land Development Regulations that were approved by the Community Redevelopment Agency, Planning & Development Board and City Commission. This is discussed in the "Signage" section below. Building and Site: The building and overall site design would not be altered as a result of the proposed major site plan modification. Design: The building and overall design of the site would not be altered as a result of the proposed major site plan modification. Signage: The current Land Development Regulations regarding commercial and industrial signage allows freestanding pole, pylon and monument signs up to 20 feet in Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 4 height. Staff has been successful in negotiating with developers for lower monument signs (ground signs) limited to correspond with project scale and city direction. Increasingly, developers of smaller sites have been more resistant to staff's overtures, instead looking to increase their visibility and marketability by proposing pylon signs at the maximum 20-foot limit. This project would represent such an example of a developer who wants a taller sign. However, with keeping the sign heights at bay, the more recently approved projects have gone a long way to improve the visual Image of the city. Still, by code, all of the commercial projects and industrial projects approved within the last few years could have had a 20-foot tall pylon sign in front of their respective businesses which, if approved, would likely have conflicted with the vision held for the City as well as with the stated purpose of the City's sign regulations. The purpose of the City's sIgn regulations is, in part, to "...promote the ...aesthetics of the City". In October of 2003, staff analyzed the Land Development Regulations with special emphasis on the maximum allowable sign height and allowable type of freestanding structures. Staff proposed several amendments to the code (P&Z Memo No. 03-246). Proposed amendments to the code that would directly impact this project include the following recommendations: 1. Eliminate pylon sign as an allowable sign type in the sign code. Pylon signs are defined as signs that are on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed up to a height of 20- feet; 2. Amend the definition of freestanding sign to read: a monument or ground- mounted sign Identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign follows the architectural design of the building(s); 3. Add a requirement of all new freestanding signs, that the numerical address be an Integral and prominent part of the sign; and 4. For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall be the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12-feet in height. On roadways consIsting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as surrounding properties, speed limit and scale of the project may be justification for the further reduction in maximum height to a 6-foot limitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet In height. Again, speCial circumstances (such as those noted above) may justify a further reduction In sign height. Staff Report - Krispy Kreme (MSPM 03-012) Memorandum No PZ 03-300 Page 5 It is obvious that the proposed 20-foot pole sign would be in violation of all proposed amendments to the Land Development Regulations. The proposed structure Is a "pole" style sign. The changes to the Land Development Regulations would only allow a "monument" style sign, which Is defined above. Also, the Wesco Sign elevation shows no site address. This would be In violation of #3. Finally, under the new code, this property would be eligible for only a 12 foot tall monument sign, not a 20-foot tall sign, as proposed. Therefore, the proposed project would be in direct violation of a majority of the proposed text amendments. The Planning & Development Board on October 29, 2003, the Community Redevelopment Agency on October 30, 2003, and the City Commission on December 2, 2003 approved the above-referenced text amendments. The second reading of the ordinance adopting the amendments is scheduled for December 16, 2003. The proposed project resembles the type of sign products that represent Inconsistent sign patterns throughout major arterials such as Okeechobee Boulevard in West Palm Beach or International Drive in Orlando. It is the opinion of staff that this is not the desired image of Boynton Beach Boulevard or the City of Boynton Beach. The subject request for major site plan modification was filed prior to the second reading of the above-referenced ordinance, and therefore, is eligible for processing. The applicant maintains that there is little visibility from the west to the east for the sign where It is currently placed, In part, because of the presence of another tall project sign, which is located on the abutting property directly to the west. The original/existing sign location was apparently selected as a factor of adjacent right-of-way width. At its current location, the width of the right-of-way Is the narrowest. Although It Is typically preferable to locate a project sign at the project entrance, that location would maximize its distance from the Improved right-of-way, and has limited space due to the location of the hydrant, parking spaces, and adjacent landscape buffer. Alternatively, due to the limited space and setback requirements, staff would support the elimination of a parking space (the project was approved with a surplus of 7 spaces), adjustments to the landscaping to maximize visibility while maintaining compliance with code, and a setback variance which may be justified by the unique, unimproved right-of-way adjacent to the project. This all may be necessary to accommodate the sign at the preferred location, the project entrance, which would also separate the sign from the larger, adjacent sign that is currently impacting views to the subject sign (see Exhibit "C"- Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for major site plan modification and is recommending that the request be denied, based on the pending sign code changes, and as further justified above. If the application is supported by the Commission, staff recommends that the approval be subject to the conditions indicated in exhibit "C". This list includes the condition that the sign be located near the project entrance Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. EJ S:\Plannlng\SHARED\WP\PROJECTS\krispy kreme\MSPM 03-012\Staff Report.doc . .+ . 1 in. = 130.0 feet [EXHU3IT "A~ i ... ..-:-.-. . A KRISPY KREME I[~ EXHIBIT "B" ! J ~ . .. .. ..I..:: 'f'~ I~ I~ IIi ,- ~ II! .. , 2 "I "I oil! I I . . , r ~ I I IU- n._ . ;( 'I-~I nnl I" ;I'~- u;1 IIII r rl it ~ Wi' 'l fh I ll. ~ fib ~i. lit II !i -j{ Iii' II' I I. il · -. I f i II f. I'r III Ii. 1111l I I I I ~I r I. ( 'Id i( 11111 If fIliI If , r I .11 I II r I ~... ..'I: II f I I~ I~ I I f f I I ;; I i .. ~ III !II,.IIp' I j i i II It @.iilll I, I' III II CI 1111"i~ li~ ~ l'I!I~ III 1111 !~~ t a I I I ~ ~ II' U. I J . 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J.! ~f E~ Ii "~IS I ~a lil = i ar~1' IVa I' ""it. $i I , !i HI ~Illiillll~!~! '~1! i ilillji ill iil 11 illlltl Illli! ~l~~ i! .,111 !l~ jlll,"! !l!li I I II 'I!~ :11. 1:11"1 4~ii I i;~i ;. Jill i i =. ~~ I~. U .ill~J I-a:-,=IIIO Ii l(:li! Jil( J i I~! 'I .;" ! ~ Ii i aAi'; Ilc=; ii J ~II .:. $ a i ~I ....~ .....' II I U III ~lf Co. G) "I KAISPY KAEME I q II ~J . ~ m 41 10&'1' KIBE a: SOUTH Fl..CH)A, LLC. ~ ,. a'l en AD llOY'roN ~ I'l...tlOOA r I 0 . -"!: r , Z l..Af<<:lllC.II PI.AH 1- ~~!=- I ..... .,.. ".... EXHBIT "C" Maior Site Plan Modification Project name: Krispy Kreme File number: MSPM 03-012 Reference: 1 streview plans identified as a Maior Site Plan Modification with an October 22. 2003 Planning and Zoning Department date stamD marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: 1. At the time of permitting, provide a plan that shows all easements so that it X may be verified that the monument sign is a minimum of 10 feet away from any utility main or service lateral. 2. The provided plans should reflect existing conditions. Work is shown on the X provided site plan that indicates proposed work. At the time of permitting, please revise the plans accordingly. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 3. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph, Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Clearly show the location and height of the existing sign on the drawings, New wind load COA 12/19/03 2 DEPARTMENTS INCLUDE REJECT calculations shall be submitted at the time of permit application. 2001 FBC 1606.1. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 5. The owner shall replace all of the dead trees on the site. There are two (2) X dead trees on the north side of the site next to the Cassia trees. There are also six (6) to eight (8) dead trees along the outside (south) landscape buffer next to the other Cassia trees. PLANNING AND ZONING Comments: 6. Staff recommends that the applicant relocate the existing sign structure to the X east rather than erecting a 20-foot tall pole sign. A possible solution would be for the monument sign to be located near the main entrance. A variance request should be explored with staff (for a sign closer than 10 feet from the property line as normally required by code) due to the possibility of a hardship of such a wide Bovnton Beach Boulevard right-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 7. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 8. To be determined. S:\Planning\SHARED\WP\PROJECTS\krispy kreme\MSPM 03-012\COA.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda request (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office -P&D - CRA Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head D Wilfred Hawkins for de artments under Administrative Services D Finance De artment for items that involve ex enditure of funds D All back u material is attached IZI All exhibits are attached & marked e. ., Exhibit "A' IZI Department Head's initials: ~ Krispy Kreme (MSPM 03-012) Please do not write in the shaded area below. LegalDepartlll~nt signatUre D City Manager's signature o " . . . " . " " m~ 'RETuRNED "FOR 1rtEFOLLOWING REASON(S): ~;grj.awte(~)miSSin9 0 . ,lncomplete SUbmittal 0 Missed deadline 0 other' 0 Reason: " . - . . " .. 'P~rs9nCpntactedtb pick up rejected request lW.. ,"" . ." . bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc on (Date)