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REVIEW COMMENTS 6.A.l KRISPY KREME LAND USE PLAN AMENDMENT/REZONING DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO, PZ 01-222 FROM: Chairman and Members Planning and Development ~I./ Dick Hudson, Senior Plann~~J1lf fJ UfL Michael W. Rumpf Director of Planning and Zoning TO: THROUGH: DATE: October 15,2001 PROJECT DESCRIPTION Project/Applicant: Dynamic Doughnuts Florida Realty, Inc./Krispy Kreme Agent: Scott Barber I Gee & Jenson Owner: Salvador and Norma Sentmanat & Anthony Mannino Location: Northwest 1 " Avenue (between NW I " Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7"' Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use Amendment/Rezoning (LUAR 01-008) Property Description: Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed property, containing one duplex residential building and classified Medium Density Residential and zoned Duplex Residential (R-2). Total property to be reclassified and rezoned equals 0,62 acres. Proposed change/use: To reclassify the subject property from Medium Density Residential to Local Retail Commercial (LRC), and rezone from Duplex Residential (R-2) to Neighborhood Commercial (C-2). The subject property will be combined with a 0.42 acre vacant parcel to the west, which is currently classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), to assemble a :!: 1.04 acre site to be developed as a fast food restaurant with a drive through feature. Adjacent Land Uses and Zoning: 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 intersection of Boynton Beach Boulevard and West Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts classified Industrial (I) and zoned Light Industrial (M-l) (the locations of Lloyds Auto Electric and Foster Oil). South: Right-of-way ofNW I" Avenue, then property classified Low Density Residential, zoned Single family Residential (R-I-A) and developed with single family homes, East: Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes. West: Vacant property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and under ownership of the applicant. Farther west is developed property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.62 acre, Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. This amendment request presents a unique situation, The property is being assembled from property owned by two separate parties. The western property, under single ownership, consists of vacant land totaling fO.78 acre and is bisected from north to south into two land use classifications and two zoning districts. The western portion of approximately fOA2 acre is classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), The eastern portion equals approximately 0.36 acre, is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is a subject of this request. The fO.26 acre parcel to the east is currently under separate ownership and is also a subject of this request. It is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is occupied by a duplex (two family) structure (See Exhibit "C"). The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to. a prohibition against any increase in dwelling unit densi(v exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach Coun(v Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements. which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. According to the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts 'The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out. Therefore, the City should not change the land use to commercial categories, beyond that which is shoWll on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have special location or site requirements, and therefore cannot, be easily accommodated on already designated commercial areas." This direction is repeated in Policy 1.19.6 of the Land Use Element. "The City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." The subject property is not located within the hurricane evacuation zone. Rather than increase residential densities, the requested amendment will reduce the total number of existing housing stock by two units. The request will add a total of :t27,000 square feet to the existing commercial node that exists on both sides of Boynton Beach Boulevard in this area and may be viewed as a minor boundary adjustment. It is not likely that any beneficial commercial development could occur on the :t18,000 square foot portion of the property currently designated for commercial development while simultaneously providing adequate screening and buffering for the adjacent neighborhood. According to the applicant, the resulting commercially-designated parcel will add the necessary property to allow for greater circulation efficiency. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would represent a minor enlargement of an existing commercial node. It would relate to the adjacent lands to the west, which are under the same oWllership and to property both farther west and across Boynton Beach Boulevard that are already developed for Local Retail Commercial uses. The requirements for buffer walls between residential and commercial districts, coupled with the city's landscaping (e.g. barrier) requirements, ensure that impacts of commercial developments on residential developments are ameliorated. c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, alld other public facilities. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts The parcels, which are the subject of this land use amendment, total 0,62 acre. Only applications involving parcels larger than one (1) acre are required to include comparisons of water demand and sewage flow estimates. The Palm Beach County Traffic Division has reviewed the traffic study for the entire project and has determined that it meets the Traffic Performance Standards of Palm Beach County. The Traffic Division Engineer recommended that the City "review traffic operations at the project access driveway, with emphasis on left-turns in and out of the site. The forecasted peak hour volumes indicate the need for provision of a westbound left-turn land on Boynton Beach Boulevard onto the site, Also, adequate safety measures should be considered to accommodate left-turns out of the project site." With respect to solid waste; the Solid Waste Authority (SW A) has stated, in a letter dated January 6, 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10-yearplanning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, at which time compliance with all requirements of the city and local drainage permitting authorities must be demonstrated. e. Whether the proposed rezoning would be compatible with the current andfilture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacent properties to both the north and the west. The buffering and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen any negative effects the commercial development would have on the existing residential development. f Whether the property is physically and economically developable under the existing zoning. As stated above, it is doubtful that any beneficial commercial development could occur on the :t18,000 square foot portion of the property currently designated for commercial development without leaving minimal land available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential development. The eastern-most parcel is currently developed with a duplex dwelling. g. Whether the proposed rezoning is of a scale which is reasonab(v reluted to the needs of the neighborhood and the city as a whole. The subject rezoning and subsequent use of the property would represent a positive contribution to the commercial corridor of Boynton Beach Boulevard. h. Whether there are adequate sites elsewhere in the city for the proposed use. in districts where such use is already allowed. There are a number of sites elsewhere in the city where the development of the proposed use would not necessitate a land use amendment and rezoning. These locations may not afford the proximity to a state road (Boynton Beach Boulevard-SR804) or an interstate highway (1-95) that this location provides. Page 5 File Number: LUAR 01-008 Krispy Kreme Doughnuts CONCLUSIONS/RECOMMENDATlONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved, with the acknowledgement that buffering and other design requirements intended to maximize compatibility with adjacent uses and traffic related comments will be applied at time of site plan/conditional use review. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "c", A TT ACHMENTS J \SHRDA T AIPlanningllllldson\KRlSPYKREME LUAR\Krispy Kreme staff repol1 doc LOCATION MAP EXHIBIT "A" Krispy Kreme r=" ,'" ; t/ J::'U I' 'II' ::L .' :f':--1 I -;=l~':=:;t::::: . /-r-:' : : : ~~ ~ \...-' ~ \ I 1.. . ;;-,~-''''. I~' ,.~ ('I' :., ---........---.. r-7"-~il \ h-t t 1 i '.~' ~J'" I, ,,~. I . ':rJJ' ,~. >~"-~: ~"tj -_ ~ U 0 r1j i I h-c-:-i c,.', " ',;" - ." ' ~ ,~ II t=' X,:;') , . 7'. ' ~ d.i,'8T;:-~~~ II I >,}~/~'\~- ~ '. ~:--, j- >>.jl'j;%. \'-WCJbJ_B""G-;T j' Ii, \ r/IIII ";"">':..:""';,1:(\\ \ PLACE" ' ":i" I: I.~ L _,_.;..;:.:.______1': !t!-==O 400 C' i ..-J / .. /" I, C II 8SW F=c! r~ /'V'r//N c; _PE.P r. ()'J/PJ.. PROPERTY MAP EXHIBIT "B" , ( -- -- ----:---- ..- __ _ __-0_ _ - - -- BOyt4TON BEACH BLVD, ....,. ,.' ...---. . 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