LEGAL APPROVAL
1
ORDINANCE NO. 02- 00:3
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, . FLORJI)A, REGARDING THE
APPLICATION FOR RE~ONING. BY KRlSPY
KREME; AMENJ;>ING.ORDINANCE 91-70 OF
SAID CITY BY. REZONING A TRACT OF
LAND.. MORE PARTICULARLY. l;)ESCRIBED
H,ERplN, FROM DUPLEX RESIDENTJ,AL (R-2)
TO NEIGHBORHOOD COMM;ERCIAL (C~2);
PROVIDING FOR . CONFDCTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted fOT said
City; and
WHEREAS, the ~cott Barber of Gee & Jensen, as agent for the owner of the
. . .
roperty more particularly described hereinafter, has heretofore filed a Petition, pursuant
o Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
lorida, for the purpose of rezoning a certain tract ofland consisting of:1:0.62 acres, said
and being more particularly described hereinafter, from Duplex Residential (R-2) to
eighborhood Commercial (C-2); and
WlIEREAS, the . City Commission deems it in the best interests of the
abitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set
orth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: . The following described land, located in the City of Boynton Beach,
lorida as set forth as follows:
A :1:0.62 acre parcel, described as:
AllofLats 10, 11,32, the west 15.00 feet of Lot 12 and all that portion of Lots 8, 9,
19 and the west 15.00 feet ofLat 7 lying south of State Road 804 right-of-way, all of
. Block 2, LAKE BOYNTON ESTATES PLAT 1, according to the Plat thereof as
recorded in Plat ;Book 13, Page 32 of the Public Records of Palm Beach County,
Florida.
e and the same is hereby rezoned from Duplex Residential (R-2) to Neighborhood
ommercial (C-2r A location map is attached hereto as Exhibit <<A" and made a part of this
dinance by reference.
'1
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
ccording1y.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
epealed.
. Section 4: Should any section or provision of this Ordinance or any portion thereof
e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
emainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon passage.
FIRSTREADING this ~ day of .. .. ~o..r.ui:LrY ~ 2002.
SECOND, FINAL READING and PASSAGE this --L day of ~ 2002.
. CIT~BE. ,FLO;=A
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ORDINANCE NO. 02- OO~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING PROPERTY LOCATED SOUTH
OF BOYNTON BEACH BOULEV ARD,
APPROXIMATELY 1,500 FEET EAST OF NW 7TH
STREET~ AMENDffiG ORDINANCE 89~38 BY
AMENDING THE FUTURE LAND USE ELl,3MENT OF
tHE COMPRElIENSNE PLAN OF THE CTIY BY
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ADOPTING.THE PROPER LAND USE OF PROPERTY
MORE PARTICULARLYDESCRIBED.HERElNAFTER;
. . " . '. -. ' .' . . . , .
SAID LANJ) USE :D~SIGNATION IS BEING CHANGED
FROM MEDIUM DENSTIYRESIDENTIAL TO LOCAL
RETAIL 'COM:MERCIAL (LRe); PROVn:>ING FOR
CONFLICTS,. SEVERABILITY, AND AN EFFECTIVE
DATE.
. WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan aFuture Land Use
Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAs, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed; and
WBEREAS, after public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BElT ORDAINED BYTBE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated as
Moderate Density Residential (City). Said land is more particularly described as follows:
A :1:0.62 acre parcel, described as:
All of Lots 10, 11,32, the west 15.00 feet of Lot 12 and all that portion of Lots 8, 9, 19
arid the west 15.00 feet of Lot 7 lying south of State Road 804right-of-way, all of Block
2, LAKE BOYNTON ESTATES PLAT 1, according to the Plat thereof as recorded in
Plat Book 13, Page 32 of the Public Records of Palm Beach County, Florida.
Section 2: That any maps adopted in accordance with the Future Land Use Element shall
1
be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5: This Ordinance shall become effective 31 days after adoption, unless
challenged. Ifchallenged, it becomes effective upon the issuance of a fmal order finding it in
compliance.
FIR.STREADING this ~ day of Jo..nt.llLl'i-' 2002.
SECOND, FINAL READING and PASSAGE this _ day of
,2002.
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NOTICE OF PUBLIC HEARING
Scott Barber of Gee & Jenson, Inc., agent for Krispy Kreme of South Florida, LLC., owner has requested the
following parcel to be considered for Conditional Use approval.
Legal Description: All of Lots 10, 11, 30, 31, 32, the west 15.00 feet of Lot 12 and all that portion
of Lots 8, 9,19, 20, 21, and the west 15.00 feet of Lot 7 lying south of State
Road 804 right-of-way, all of Block 2, LAKE BOYTNON ESTATES PLAT 1,
according to the Plat thereof as recorded in Plat Book 13, Page 32 of the
Public Records of Palm Beach County, Florida.
Said lands situate in the City of Boynton Beach, Palm Beach County, Florida
and containing 45,470 square feet (1.04 acres) more or less.
Proposed Use:
Fast food restaurant (4,680 square feet) with drive through facility.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON WEDNESDAY, DECEMBER 26,2001, AND THE CITY COMMISSION ON
WEDNESDAY, JANUARY 2,2002, AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON
BEACH BOULEVARD, BOYNTON BEACH, FLORIDA BOTH AT 7:00 P. M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings 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.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity
conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four hours prior to the
program or activity in order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH:
December 16, 2001
The Post
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DEVELOP~#NT ORDER OF THE CITY COMMIS,JN OF THE
CITY OF BOYNTON BEACH, FLORID~
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PROJECT NAME: Krispy Kreme
APPLICANT'S AGENT: Scott Barber of Gee & Jenson
APPLICANT'S ADDRESS: 4225 Genesee Street Buffalo, New York 14225
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2,2002
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan
LOCATION OF PROPERTY: Northwest 1st Avenue (between NW 1st Avenue and Boynton Beach
Boulevard (SR804) east of NW th Street). West Industrial Avenue
intersects with Boynton Beach Boulevard immediately north of the subject
property.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
2(.. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit "C" with notation "Included".
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5. his Order shall take effect immediately upon issuance by the City Clerk.
OEPAATMENT OF DEVE PMENT .'
II further development on the prope~ shall be made In accordance WIth the terms and
conditions of this order. ~\\\\\\\\ 1I1/1111111t,
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he Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
7.
Other
DATED:
1-.;1 -ofJ..
EXHIBIT "e"
Conditions of Approval
Project name: Krispy Kreme
File number: COUS 01-005
Reference: 2nd Review plans identified as COUS 01-005 with a November 5,2001 Planning & Zoning stamp
marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments
1. Fire flow calculation will be required demonstrating the City Code X
requirement of 1,500 g.p.m. as stated in LDR Chapter 6, Article IV Section
16, or the requirement imposed by insurance underwriters, whichever is
Irreater (see CODE Section 26-16(a)).
2. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X
project either upon the request for the Department's signature on the Health
Department application forms or within 30 days of site plan approval,
whichever occurs first. This fee will be determined based upon final meter
size, or expected demand.
FIRE
Comments:
3. A fire hydrant flow test is required prior to construction (City Ord. 9-3F). X
4. Fire hydrants shall be no more that 300 feet apart and the remotest part of any X
structure shall be no more that 200 feet from a hydrant. Connections shall be
to mains no less than 6 inches in diameter. In addition to domestic
requirements a fire flow of 1500 g.p.m. at a residual pressure of not less that
20 P.s.i. is required (LDR Chapter 6, Section 16).
POLICE
Comments: None X
..---
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
5. Sidewalks adjacent to parking lots shall be continuous through all driveways X
and shall be 6 inches thick within driveways (LDR, Chapter 23, Article II,
Section P).
6. Provide an irrigation plan in conformance with the LDR Chapter 7.5, Article X
II, Section 5.
BUILDING DIVISION
Comments:
7. At time of permit review, provide a completed and executed City Unity of X
Title form. The form shall describe all lots, parcels or tracts combined as one
lot. A copy of the recorded deed with legal descriptions of each property that
is being unified is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
8. At the time of permit review, submit signed and sealed working drawings of X
the proposed construction.
9. To properly determine the impact fees that will be assessed for the project, X
identify on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive-through type of restaurant. Also, identify on the
site plan the number of new seats and the total number of seats provided. On
the floor plan, chronologically number all seats including those seats that are
around the bar.
10. At time of permit review, submit for review an addressing plan for the X
project.
P ARKS AND RECREATION
Comments:
11. Submit detailed irrigation plans for right-of-way landscape and site work X
improvements during the construction document permitting stage, for review
and approval by the Parks Department staff. Include on the plan location of
any existing irrigation in the right-of- way.
FORESTER/ENVIRONMENTALIST
Comments:
,
DEPARTMENTS INCLUDE REJECT
12. The applicant must provide a tree tabulation indicating the quantity of X
desirable existing trees which will be preserved, relocated or removed /
replaced on the site. This tree tabulation should be correlated and the trees
shown on page L-l.
PLANNING AND ZONING
Comments:
13. The site plan must identify the correct Future Land Use designations as X
defined by the City's Comprehensive Plan for the adjacent properties.
14. Staff recommends that the audio component of the menu board related to the X
drive through facility project sound to the west as to not create a potential
disturbance to the residential neighborhood.
15. The maximum building height in the C-2 zoning district is 25 feet. The top X
of the roof of the tower is 26 feet 6 inches. Either reduce the top of the tower
by one and one-half (1 Yz) feet or request a height exception pursuant to
Chapter 2, Section 4.H.
16. Include a color rendering of all elevations prior to the Planning & X
Development Board meeting (Chapter 4, Section 7.D.2.).
17. Submit a color sample / swatch of all major exterior finishes. Each sample X
and / or elevation shall include the manufacturer's name and color code
(Chapter 4, Section 7.D.1.).
18. All above ground mechanical equipment such as exterior utility boxes, X
meters, transformers, shall be visually screened with appropriate landscaping /
hedge material (Chapter 9, Section 10.C.4.). The backflow preventer shall be
painted to match the principle structure.
19. The dumpster enclosure and masonry wall shall resemble with respect to the X
color and materials, the design of the principal building. Include a wall detail
to confirm similar architectural elements and integration with other site
elements (Chapter 9, Section 10.E.3.).
20. The Palm Beach County Traffic Division suggested that the City review X
traffic operations at the project access driveway, with emphasis on left-turns
in and out of the site because the forecasted peak hour volumes indicate the
need for provision of a westbound left-turn lane on Boynton Beach Boulevard
onto the site. Prior to the issuance of a City building permit, this project must
obtain Palm Beach County Traffic Division approval with regard to the
westbound left-turn lane onto the subject property.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
21. None X
Conditions of Approval
4
DEP ARTMENTS INCLUDE REJ Eel
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: ~
V
22. Eliminate pedestrian passage through rear property thereby providing a X
continuous buffer wall along South property line.
23. Site lighting fixtures shall be of a type and height to prevent spillage into X
adjacent residential area. Provide lighting details including photometric to
confirm same.
24. Move speaker/menu board back along stacking path so that distance between X
residential areas is maximized and speaker orientation is away from
residential neighborhood yet providing sufficient stacking space.
25. Eliminate from plan, sidewalk along rear (South) property line and replace X
with additional landscaping (trees, hedge, ground cover, etc.) to provide
additional landscaping to meet at minimum the barrier landscape section of
the Landscape Code, Chapter 7.5, Article 11, Section 3B, 3b. p.8, to the
satisfaction of staff.
Request sidewalk waiver. Applicant shall request from Engineering, permits
for landscaping to be provided in right-of-way to be installed and maintained
by applicant.
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