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
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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:
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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.
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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
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LOCATION MAP
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