REVIEW COMMENTS
"-
MILLER
LAND
PLANNING
CONSULTANTS, INC.
-"'
420 W. BOYNTON BEACH BLVD.. STE. 201
BOYNTON BEACH, FL 33435
PHONE . 561/736-8838
FAX.561/736-8079
July 21. 2006
rn
DW~rnl
Jl2.311 ~
Kathleen Zeitler
CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
100 E. Boynton Beach Boulevard
Boynton Beach. FL 33425-0310
i'l.t.
j,~;
PlANNING AND
lINING DfI'T
RE: Boynton Bagels
ANEX 06-007 & WAR 06-020
Dear Kathy:
Attached is a response to your comments dated June 28, 2006 pertaining to the above referenced
applications. Should you need any additional information. please contact me or Ailish Quilter.
Sincerely.
M'"'' LA"" P"'"t:::-'""''' ,"c.
Bradley D. Mill r. AICP
President
cc: Doug Peters
George Brewer
M:\M l P C\PROJECTS\Boynfon Bagels\Kathleen Zeitler 072106.wpd
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DlVISON
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561.742-6259
,(CO
00
JUL 21 am
00
PLANNING AND
ZONING DEPT
VWIW .boynton-beach.org
June 28, 2006
Bradley Miller
Miller Land Planning Consultants
420 West Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Boynton Bagels, ANEX 06-007 and LUAR 06-020 (RESPONSES)
Dear Bradley:
Staff has conducted an in-depth review of documents submitted for the above-referenced project and
has found the following deficiencies specific to the Annexation and Land Use Amendment/Rezoning
applications:
ANEX 06-007
1. Provide a project location in addition to PeN (as required per page 1 of annexation
application). A LOCATION MAP IS ATTACHED AS REQUESTED.
2. The survey needs to be revised by the surveyor to include (at end of legal description) a
computation of the total area of the subject property, computed in square footage and to the
nearest one-tenth (1/10) of an acre (per page 2, Lb. of annexation application). THE
UPDATED SURVEY SHOWING SQUARE FOOTAGE/ACREAGE IS PROVIDED.
3. Revise Affidavit to include a legal description of subject property (page 4, #1. of annexation
application). REVISED AFFADAVIT AND LEGAL DESCRIPTION IS PROVIDED.
4. Revise attachment of legal description to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
REVISED LEGAL DESCRIPTION WITH AREA IS PROVIDED.
5. Revise legal description on diskette to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre. A CD
WITH LEGAL DESCRIPTION FILE IS PROVIDED.
6. Provide the legal description on a diskette that has been formatted to WORD document.
When diskette submitted was inserted, a message "is not recognized, may not be formatted"
was displayed. A CD WITH LEGAL DESCRIPTION FILE IS PROVIDED.
7. Revise Project Description and JustifICation Statement submitted to address or clarify the
Page 2
Boynton Bagels
ANEX 06-007 I LUAR 06-020
following: REVISED PROJECT DESCRIPTION AND JUSTIFICATION STATEMENT ADDRESSING
THE FOLLOWING IS PROVIDED.
Under Project Description:
a. Give general location (N Federal Highway could be at north end of city too) such as
east side of Federal Highway, south of Turner Road in the vicinity of Trade Winds
Estates, near the southeast City limits.
b. Annexation parcel is Identified as property, and next sentence states property is
improved with a builcling and paved parking. Clarify that subject property to be
annexed is paved parking area for the adjacent business located at 3377 N. Federal
Hwy.
c. States that the property will be utilized for a restaurant or permitted uses. Provide
more information as to the intended use( s) of the property. Site plan submitted is for
take-out restaurant only (convert existing nonconforming building from retail to
restaurant and add covered outdoor seating) which is a permitted use in C-3. Are
there any other uses proposed?
d. This would be a good place to include more details about the project such as phasing,
proposed improvements such as landscaping that will result in less nonconformity of
the site, details of proposed bagel business, etc.
Under Annexation:
a. State that subject property is in City's annexation area and is a VOluntary annexation.
b. Clarify that the contiguous property to the north that is in the City is the adjacent
business located at 3377 N. Federal Hwy. which has LRC land use and is zoned C-3,
and that both parcels are under the same ownership and will be used as one parcel
for the proposed bagel restaurant.
Under Land Use & Zoning:
a. Explain what the County CHIS means. Point out that the requested LRC Is not the
most Intensive commercial land use in the City (CH is comparable to City's GC).
b. Point out that the requested C-3 is not the most intensive commercial zoning district
in the City (CG is comparable to City's C-4).
c. Point out that requested land use and zoning is same as adjacent parcel in the City.
Under Application Justification:
a. The criteria for land use amendment and rezoning shoulcl be separate, as this is the
annexation application not the LUAR application.
b. The annexation application requires a justification that explains why this annexation
Page 2
Boynton Bagels
ANEX 06-007 / LUAR 06-020
will be beneficial to Boynton Beach.
LUAR 06-020
1. The survey needs to be revised by the surveyor to indude (at end of legal description) a
computation of the total area of the subject property, computed in square footage and to the
nearest one-tenth (1/10) of an acre (per page 2, Lb. of annexation application). THE
UPDATED SURVEY SHOWING SQUARE FOOTAGE/ACREAGE IS PROVIDED.
2. Label attachment of legal description as Attachment "A" to be consistent with Applicant's
Ownership Affidavit and Agent's Consent form. REVISED LEGAL DESCRIPTION WITH
ACREAGE/SQUARE FOOTAGE AND LABELED ATTACHED "Au IS PROVIDED.
3. Revise attachment of legal description to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
REVISED LEGAL DESCRIPTION WITH ACREAGE/SQUARE FOOTAGE AND LABELED ATTACHED
"A" IS PROVIDED.
4. Revise legal description on diskette to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre. A CD
WITH LEGAL DESCRIPTION FILE IS PROVIDED.
S. Provide the legal description on a diskette that has been formatted to WORD cIocument.
When diskette submitted was inserted, a message "is not recognized, may not be formatted"
was displayed. A CD WITH LEGAL DESCRIPTION FILE IS PROVIDED.
6. The LUAR application (page 3, l1.g.) requests a justification of the zoning requested,
including reasons why the property is unsuitable for development under the existing zoning
and more suitable for development under the proposed zoning. Revise Project Description
and Justification Statement as stated in review comments for Annexation application. SEE
REVISED JUSTIFICATION STATEMENT FOR THE FOLLOWING 1-6.
a. Further address the following criteria for land use amendment and rezoning:
1. Describe how the requested land use and zoning are consistent with the City's
comprehensive plan policies for this area.
2. Describe the adjacent or nearby uses and zoning districts in addition to
stating they have the same or similar land use and zoning. Provide more
detail of how the proposed land use and zoning are comparable to the current
County designations.
3. Describe what smaller commercial uses exist in the immediate area of the
subject property and what changing conditions pertain to the area.
4. Point out that requested land use and zoning is same as adjacent parcel in
the City. Provide details in writing that explain the impact table for roadways,
water, sewer, and other services.
Page 2
Boynton Bagels
ANEX 06-007 / LUAR 06-020
5. Garity statement that buffering will be provided on all sides of both phases,
as the project is only one phase.
6. Address if the property is actually developable under the existing land use and
zoning, since it is a paved parking lot that is needed for parking for the
adjacent business in the City. Point out that annexation will bring the entire
business and site under one jurisdiction.
7. What are the proposals for minimizing land use conflicts with adjacent single-family
residential uses? Provide a list of nuisances and how they will be mitigated (i.e. hours of
operation, loading area location, mechanical equipment, screening and buffering, and
improved architectural style of building. THIS COMMENT NEEDS TO BE ADDRESSED BY THE
SITE PLAN APPLICATION. CONDmONS TO ADDRESS COMPATIBILITY CANNOT BE APPLIED
TO LAND USE OR ZONING.
8. Submit traffic statement/details for the proposed use to P&Z for the file, and provide same to
PBC Traffic (Attn Masoud Atefi) for their review. Although exempt from concurrency, we
require a letter from PBC Traffic stating such. A REQUEST HAS BEEN MADE TO MIKE RUMPF,
PLANNING AND ZONING DIRECTOR ON HOW TO ADDRESS THIS COMMENT CONSIDERING
THE LATERAL CHANGE IN LAND USE AND ZONING FROM COUN1Y TO CITY. WE BELIEVE
THAT THERE IS NO IMPACT DUE TO THE EQUIVALENT ALLOWED DEVELOPMENT AND
THEREFORE THE REQUEST STATEMENT AND COUNTY LETTER IS NOT NECESSARY.
HOWEVER, A COPY OF THE TRAFFIC STATEMENT BEING SUBMITTED WITH THE sm PLAN
APPLICATION IS ATTACHED FOR YOUR REFERENCE.
Please direct any questions or response you may have to me at (561) 742-6260.
Sincerely,
Kathleen Zeitler
Planner
S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\LUAR\1sl Comments Letter.doc
APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? YES DATE: MAY 25, 2006
PLANNING & DEVELOPMENT BOARD
rn
4' 2_.
rn
CITY OF BOYNTON BEACH, FLORIDA
LAND USE AMENDMENT AND/OR REZONING APPLICATION
PLANNING IN:
ZON1NG ~lPl_.___
This application must be filled out completely and accurately and submitted, together with the
materials listed In Section II below, in two (2) copies to the Planning Division. Incomplete
applications will not be processed.
PLEASE PRINT LEGISL Y OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1. Project Name: PETERS 3377 N. FEDERAL HIGHWAY
2. Type of Application (check one)
X a. Land Use Amendment and Rezoning
b. Land Use Amendment Only
c. Rezoning only
3. Date this application is accepted (to be filled out by Planning Division)
4. Applicants Name (person or Business entity in whose name this application is made)
PETERS 3377 N FED HIGHWAY. LLC - DOUGLAS PETERS, MGMR
Address:
6023 LE LAC ROAD
BOCA RATON. FL 33496
(Zip Code)
Phone: (561) 988-9619
FAX:
5. Agent's Name (person, if any, representing applicant
MILLER LAND PLANNING CONSULTANTS. INC. c/o BRADLEY D. MILLER. AICF
Address: 420 W. BOYNTON BEACH BLVD., SUITE 201
BOYNTON BEACH, FL 33435
(561) 736-8838
(Zip Code)
FAX: (561) 736-8079
Phone:
6. Property Owner's (or Trustee's) Name:
PETERS 3377 N. FEDERAL HIGHWAY, LLC
Address: 6023 LE LAC ROAD
BOCA RATON. FL 33496
(Zip Code)
Phone:
(561) 988-9619
FAX:
7. Correspondence Address (if different than applicant or agent)'
AGENT'S ADDRESS
'This is the only address to which all agendas, letters, and other materials will be
mailed
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
OWNER
9. Street Address or Location of Subject Parcel: PARCEL IMMEDIATELY SOUTH OF
3377 N. FEDERAL HIGHWAY
PCN (s)
00-43-46-04-12-000-0080
10. Legal Description of Subject Parcel (please also provide on disk in ''Word" format):
SEE ATTACHMENT "A"
11, Area of Subject Parcel (to nearest hundredth (1/100) of an acre: .09 ACRE
12. Current Land Use Category: CH-5 (COUNTY)
13: Proposed Land Use Category: LRC
14. Current Zoning District: CG (COUNTY)
15.
Proposed Zoning District:
C-3
16 Intended use of subject parcel: RESTAURANT
17. Developer or builder: PETERS 3377 N. FEDERAL HIGHWAY. LLC
18.
Architect:
GEORGE BREWER
.
I.
City Codes Accessed Via Website: www.bovnton-beach.ora
www.amleaal.com/bovntonbeachfl.us
Has applicant attended a pre-application meeting? YES
, Date: MAY 25. 2006
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
ANNEXATION APPLICATION
NOTE: This form must be filled out completely and accurately and must accompany all applications
submitted to the Planning Department. ~ copies of application required.)
PROJECT NAME: PETERS 3377 N, FEDERAL HIGHWAY
AGENT'S NAME: BRADLEY D MILLER. AICF
ADDRESS: MILLER LAND PLANNING CONSULTANTS, INC.
420 W. BOYNTON BEACH BLVD.. STE. 201 BOYNTON BEACH, FL 33435
OWNER'S NAME PETERS 3377 N FEDERAL HIGHWAY, LLC - DOUGLAS PETERS. MGMR.
(Or Trustee's)
ADDRESS: 6023 LE LAC ROAD
BOCA RATON. FL 33496
PROJECT LOCATION: N. FEDERAL HIGHWAY BOYNTON BEACH, FL I 00-43-46-04.12-000-0080
AND PCN NUMBER iliQ1legal description)
'CORRESPONDENCE ADDRESS: AGENT'S ADDRESS
(If different than agent
Or owner)
-This is the only address to which all agendas, letters and other materials will be forwarded.
00
.J2'tm
PlANNING AND
ZONING OEPT
GENERAL DATA
Name of Developer/Owner: PETERS 3377 N FEDERAL HIGHWAY. LLC
Area of Subject Property:
4.175
Sq.Ft. or Acres: .0958 ac,
Estimated Present Population: NIA
Existing Future land Use: CH-5 (COUNTY)
Proposed Future land Use: LRC
Existing Zoning: CG (COUNTY)
Proposed Zoning: C-3
Density Allowed:
Density Allowed:
d.u.'s
d.u.'s
EXISTING UTILITIES:
Water. BOYNTON BEACH
Wastewater Collection: BOYNTON BEACH
Solid Waste (gartJage): BOYNTON BEACH
STATEMENT OF USE
EXISTING USE: PAVED PARKING AREA FOR ADJACENT COMMERCIAL BUILDING
PROPOSED USE: PARKING FOR PROPOSED RESTAURANT IN ADJACENT BUILDING,
JUSTIFICATION
Express in your own words why this annexation will be beneficial to Boynton Beach. Florida:
SEE ATTACHED.
EXACT lEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
SEE ATTACHMENT "A",
,Jui 13 06 10:17a
ML" ,
56' 736-8079
p.2
AFFIDAVIT
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
Before me, me undersigned aulhorily personally.appeaned DOUGLAS PETERS
. who being by me first dUly sworn, on oath d_S and says:
I SS
1. That he is the lee simple owner of the IoIIowing descrilled pmperty. to wft: (Give legal desaiplion)
SEE ATTACHMENT"N
(SIGNATURE
Aftianl
(attaCh en _nat page IIInSUlllclent space)
2. ThaI he desires annexation to Boynton Beacll, Florida.
3. ThaI he has appointed BRADLEY D. MILLER AICF
to ael as agent in his behalf to accomplish the above.
FL-'t>w.e. IIID
/{)
My Commission Expires:
-...-...11I.........
.... .---
" . --..., 1. 2OfO
.... II ' DO 547415
,..., !l*r AIM.
2
\""..1'
MILLER
LAND
PLANNING
CONSULTAN
fo)~ ~n~~
lUU W".
~
420 W. Boynton Beach Boulevard
Suite #20 I
Boynton Beach. Florida 33435
, J
PLANNING ANO
ZONING OEP1
c.
PHONE . 561/736-8838
FAX . 561/736-8079
PETERS 3377 N. FEDERAL
CITY OF BOYNTON BEACH
Original:
Revisions:
June 7.2006
July 21. 2006
Annexation, Land Use Amendment & Rezoning
Project Description & Justification Statement
ANEX 06-007 & LUAR 06-020
Proiect Description
This application pertains to a .0958 acre/4, 175 sq. ft. parcel located on the east side ot Federal
Highway, near the southern limits ot the City, approximately 175 teet south of Turner Road. The
property is identified under Property Control Number (PCN) 00.43.46.04.12.000.0080. The property
is paved and has historically been used as a parking area for the adjacent property to the north.
The property abuts the Trade Winds Estates to the east and a retail business to the south. Across
Federal Highway to the west is the proposed and approved Gulfstream Gardens project.
The intent of the applicant is to annex the property, apply the corresponding LRC land use and
C-3 zoning so the parcel can be used in conjunction with the parcel immediately to the north
which is already within the jurisdiction of the City and under the same ownership. The parcel to
the north contains a building that has historically been used for retail purposes. The Site Plan
being prepared and processed under a separate application and agent will join these two
parcels and specity the use and site design consistent with the proposed LRC land use and C-3
zoning.
Annexation - Application Description
This application is to request voluntary annexation of a property located in the future annexation
area of the City of Boynton Beach. The contiguous property to the north is already under the
jurisdiction of the City of Boynton Beach, has common ownership to the subject property and is
identified as PCN 08.43.46.04.12.000.0090 with a business address of 3377 N. Federal Highway. It
is the intent of the applicant for the subject parcel and the parcel to the north to be used as one
parcel.
Annexation - Application Justification
As indicated, this application is for voluntary annexation into the City. The property has historically
been used in conjunction with the parcel to the north and is intended to continue being used in
conjunction with the parcel to the north. These properties are currently not being used. are in
need of improvement and are too small to be used independently. Annexation, along with the
corresponding land use amendment and rezoning. will ollow the two parcels to be designed and
used as one under the regulations of the City of Boynton Beach. In addition, the City currently
provides services to these properties, theretore the annexation will allow City taxes to apply
accordingly. Therefore, the City will benefit from this annexation by allowing consistent land use
and zoning so that the two parcels can be redeveloped and used appropriately.
PETERS 3377 N. Federal Hi~ay
Annexation, Land Use and Zoning
Project Description & Justification
Page 2
Rev. 07.21.06
Land Use & Zonina - Application Description
The present County land use is CH/5 (Commercial High with an underlying residential density of
5 units per acre). The corresponding City land use is also CH, Commercial High, which is more
intensive than the proposed land use of Local Retail Commercial (LRC). The present County
zoning is CG (General Commercial). The corresponding City zoning is C-4. however the request
is for C-3 zoning. The requested LRC land use and C-3 zoning is consistent with the adjacent
property to the north and will permit general retail uses and the desired restaurant. A site plan
application is being prepared and submitted by others to show the specific proposed
development.
Land Use & Zonina - Application Justification
The following outlines the eight (8) criteria, required by item Il.g of the application, that need to
be addressed in consideration ot this request for the land use amendment and rezoning:
1.) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensive plan policies. The division shall also recommend limitations or
requirements that would have to be imposed on subsequent development of the property
in order to comply with policies contained in the comprehensive plan.
The land use amendment/rezoning will be consistent with, but less intensive than the
current County designations but allow for development under the policies of the City's
Comprehensive Plan. Most speCifically an on point is policy l.r. of the Land Use Problems
ond Opportunities Support Document which states the following:
.
The City should proceed with the annexation of the commercial properties that
front on U.S. 1.
If annexation does occur in fhis area, fhose parcels lying along U.S. I which are
currently zoned commercial in the Counfy should be placed in fhe Local Refail
Commercial land use category and the C-3 zoning district.
.
2.) Whether the proposed land use amendment/rezoning would be confrary 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 privifege fa an individual
property owner as confrasted wifh the protection of the public welfare.
The land use amendment/rezoning will not create an isolated district unrelated to
adjacent or nearby districts and will not grant a special privilege to an individual property
owner. The property has historically been used for commercial retail uses under the
County's CH land use and CG zoning. The present County land use and zoning are more
intensive than the proposed LRC land use and C-3 zoning. The property to the north is
under the jurisdiction of the City of Boynton Beach and has a land use of LRC and zoning
of C-3 - same as the proposed subject site. The property to the south is under the
jurisdiction of Palm Beach County and has the same CH land use and CG zoning that is
presently in place for the subject property. The property to fhe east is single family
residenfial underfhe jurisdiction of Palm Beach County. The proposed land use and zoning
for fhe subject sife will not create any additional impacts with the property planning and
design of the Site Plan and permitting under City regulations.
PETERS 3377 N. Federal HI~ay
Annexation, Land Use and Zoning
Project Description & Justification
Page 3
Rev. 07.21.06
3.) Whefher changed or changing conditions make the proposed land use
amendment/rezoning desirable.
This immediate portion ot Federal Highway has been historically used for smaller retail
commercial business, such as used furniture, pottery, lighting stores, etc.. More recently
there has been a trend to assemble and redevelop the properties with multi-family
residentiol communities. Given the si2e and configuration of this property, it is not suitable
for assemblage for residential development. The subject site was historically used for retail
commercial uses. The land use amendment/rezoning will allow the site to be redeveloped
in conjunction with the adjacent parcel to the north under the applicable City regulations
rather than having to address both County and City regulations.
4.) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
The proposed land use amendment/rezoning will establish City designations, consistent
with the adjacent parcel to the north and as required with the annexation. These
designations are comparable to the current County designations and will not create any
additional impacts to the existing utility systems, roadway capacity or other public facilities.
Attached is a narrative and table that summarizes the comparison of impacts of the
proposed land use amendment of the subject property. Although this summary is based
on the maximum potential of development according to the existing and proposed land
use, the development potential of the site is limited due to its size and configuration.
Therefore. although this summary appropriately addresses the comparison of impacts, the
actual impacts are anticipated to be far less than the indicated maximums and need to
be considered at time of review of the Site Plan application for the specific development.
5.) Whether the proposed land use amendment/rezoning would be compatible with the
current and future use of adjacent and nearby properties or would aftect the property
values of adjacent and nearby properties.
As indicated previously, the intent of this application is to annex and establish the land use
and zoning for fhis subjecf parcel to be the same as the contiguous property to the north.
Upon annexation, land use and zoning approval, the subject property can be planned
and joined with the parcel to the north. A development plan that provides the specific
design and use of these properties will be submitted and processed under a separate
application. However, with proper planning and buffers along the entire perimeter of the
project, the proposed development plan must show how it will be compatible with the
surrounding uses.
6.) Whether the property is physically and economically developable under the existing land
use designation/zoning.
Although the property may be physically and economically developable under the
existing designations however, as stated throughout, the intent of this application is to
annex and establish the land use and zoning for this subject parcel to be the same as the
contiguous property to the north so it can be redeveloped as one parcel under one
jurisdiction - the City of Boynton Beach.
,
Page 4
7.) Whether the proposed land use amendment/rezoning is of 0 scale that is reasonably
related to the needs of the neighborhood and the City as a whole.
As indicated in 3 above, this site is limited in size which makes it ideal for the proposed retail
commercial use to support the recent trend and growth of surrounding residential
development. The parcel is better used in conjunction with the adjacent parcel to the
north under the same land use and zoning regulations.
8.1 Whether there are adequate sites elsewhere in the City for the proposed use, in districts
where such use is already allowed.
The purpose of this land use amendment/rezoning is to apply City designations in
conjunction with annexation. Therefore, the criteria does not apply.
Comparison of Impacts
As requested by the application. attached is a comparison of impacts created by the
development under the current County and proposed City designations. The traffic impact
statement submitted is based on net traffic impacts of actual proposed use. The impacts ore less
than 500 trips per day, which by item Il.h.5 of the application does not trigger the requirement for
the statement. Water and sewer comparisons hove not been calculated based on service
already provided to the site plus the property is less than I acre.
Proposed Timine and Phasinq
Redevelopment of this parcel will be in one phase and is intended to begin immediately upon City
approvals and issuance of required permits.
Conclusion
The purpose of this application is to apply the appropriate City land use and zoning designation
in conjunction with the voluntary annexation. The proposed development is consistent with the
development potters in the area and will provide the City with additional tax base for property
that is already being served by City of Boynton Beach public facilities.
M:\M L P C\PROJECTS\Boynton Bagels\justification statement 072106.wpd
~
JUt. 2. , 21l!lB
~ 420 W. Boynton Beach Boulevard
~ Suite #201
Boynton Beach. Florida 33435
,
MILLER
LAND
PLANNING PLANNING AND
ZONING DEPl
CONSULTANTS; INC.
ffi @ ffi G W ~
J
PHONE . 561/736-8838
FAX . 561/736-8079
PETERS 3377 N. FEDERAL
CITY OF BOYNTON BEACH
ANEX 06-007 & LUAR 06-020
Original:
Revisions:
June 7,2006
July 21. 2006
Annexation, Land Use Amendment & Rezoning
Comparison of Impacts
Current (County) Prooosed (Cilvl Difference
Acres/SF .0958/4.175 .0958/4,175 None
Future Land Use CH/5 LRC None
The County land use of CH/5 is considered to be more intensive than
the City designation ot LRC. The corresponding City designation is also
CH, however according to the Policy I.r. of the Land Use Problems and
Opportunities Supporting Document. the proposed LRC is to be applied
to properties fronting U.S. 1 when annexed into the City of Boynton
Beach.
Zoning CG C-3 None
The County zoning ot CG is considered to be more intensive than the
City designation of C-3. The corresponding City designation is C-4,
however according to the Policy l.r. ot the Land Use Problems and
Opportunities Supporting Document, the proposed C-3 is to be
applied to properties fronting U.S. 1 when annexed into the City ot
Boynton Beach.
Max. Development 1.460 sf @ .35 FAR 1.669 sf @ .40 Building +209 sf
Potential Coverage
Although the City's C-3 zoning allows for a greater FAR than the
County's CG zoning, the increase in building area in insignificant due
to the physical constraints, si2e and configuration of the subject
property. The intent ot this application is to annex the property and
apply the appropriate land use and zoning, same as the contiguous
property to the north, so they can be redeveloped as one parcel.
" '
Although the City's C-3 zoning allows for a greater FAR than the
County's CG zoning. the increase in building area in insignificant due
to the physical constraints, size and configuration of the subject
property. The intent of this application is to annex the property and
apply the appropriate land use and zoning. same as the contiguous
property to the north, so they can be redeveloped as one parcel.
Impacts
Traffic I .460 sf x I 55.09/ 1.669 sf x 155.09/ +32tpd
tpd/1.000 sf = 226 tpd tpd/1.000 sf = 258 tpd
Roadway impacts are shown by calculating the maximum building
area times the daily rate applied to this type and size of development
by Palm Beach County. The calculations above show that the daily
traffic impacts are below 500 trips per day (tpd) under both the County
and City designations. The only reason for the increase in trips is due
to the higher FAR allowed in the City as addressed above. As
indicated in the application for land use amendments/rezoning Ill.h.5),
a traffic statement is only required if the proposed development
exceeds a net increase of more than 500 daily trips. The proposed
land use amendment/rezoning is an equivalent impact on traffic
impacts and will not have an adverse effect. A copy of the traffic
statement being submitted by others with the Site Plan application is
attached for your reference. You will see that the calculations are
comparable.
In regard to tuming movements. there is an existing driveway cut into
the subject property. For the purpose of this application, it is assumed
that the redevelopment of the site will utilize the existing driveway.
Tuming movements will be equivalent when compared between
County and City criteria.
Water Provided by existing Provided by existing None
City service - Parcel City service - Parcel
is less than I acre. is less than I acre.
Sewer Provided by existing Provided by existing None
City service - Parcel City service - Parcel
is less than I acre. is less than I acre.
Police/Fire Provided by Boynton Provided by Boynton None
Beach Beach
Water. sewer, police and fire service is already provided to the
subject property by the City of Boynton Beach. therefore there is no
change or impact on these services.
Libraries N/A N/A -
Location Map
...
-
Gary R. Nikolits,CFA
Palm Beach County Property Appraiser
Property Mapping System
Search
Parcel Details
Owner Information
peN: 0043460412000008O
Retum to PAPA
PETERS 3377 N FED
Name: HIGHWAY LLC
Location: N FEDERAL HWY
Mai ling: 6023 LE LAC RD
BOCA RATON FL 33496 2316
2005 Preliminary Assessment
Market Value: $50,100
Assessed Value: $50,100
Exempt Amnt: $0
Taxable: $50,100
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Oct-200S
Oct-I997
Price
$350,
.
Palm Beach County Property Map
MapScak 11112
Legend
D Parcel 80tndaty
I 0120 II n/ nnnf...-
-r..L"lp pcudu~",d un 7 20 2006 from PAPA
bttp: ",\" .pbcgo,".com papa
http,//gisweb.co, palm-beach. fl. us/ipapagis/presentationlmapping/printnew.asp?MAPURL =., 7/20/2006
Location MCY"
,
..
-
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
! ! --- _"11,'
~J 0032-t .'
" 0012
- mo.
OS71
,Ii
0011
<>>4'
.,0:\
i
. i
osoo
002<>
, .....
-i
003'
""""
.,"'*,
.,
060'
..."
""'"
0S2i>
410170
....
'""'"
ooa.o
.....
.'00 .....
Search
Parcel Details
Owner Information
peN: 0043460412000008O
Relum to PAPA
PETERS 3377 N FED
Name: HIGHWAY LLC
location: N FEDERAL HWY
Mailing: 6023 LE LAC RD
BOCA RATON FL 33496 2316
2005 Preliminary Assessment
Market Value: $50,100
Assessed Value: $50,100
Exempt Amnt: $0
Taxable: $50,100
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date Price
Oct-2005 $350,
Qct-1997
Palm Beach County Property Map
Map Scale I: 1557
Legend
D Pore" Bomdory
I 8120 I LIIt......-.
Map produced on 7!21/::!H06 from PAPA
hup/!www pbcgov com/papa
http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmapping/printnew .asp?MAPURL= ... 7/21/2006
rl",j" . ~ G,~
~\ ~\v
PAGE 01/02
D rnowrn rn
' ...., oi 200&
PLAN ING AND
ZONI G DEPT
._~!13/2006 10: 07
5612723722
BREWER ARCHITECTURE
TRAFFIC STAnMENT
BOYNTON BAGEL - HIGH TURNOVER srr DOWN RESTAURANT
BOYNTON BEACH, FLORIDA
PROJECT DESCRIPTION:
The proposed Boynton Bagel Restaur8IIt will be located at 3377 N. Federal Higbway, in Boynton
Beach. The existing building is 939 square feet plus a QOvered awning canopy, 277 squati' feel,
for a gross floor area of 1,216 sqIllII'e feet. The present use is a naail store considered General
Commll\'Cial Retail.
The existing building will be l'CIIovated for a bagel shop. There will be a new C01/CI'Cd awning
canopy, 342 square feet in area, for a gross floor area of 1,281 square fed. Outside seating will
llCCODIIllodate 22 patrons. The new use is considered Higb Tumuver Sit-Down ReslJ\UJ8lrt.
SCOPE OF SlUDY:
In conjunction with a site plan submission, the City ofBoyDtOn Beach Land Development
Regulations requires a Traffic Statemept. This traffic sllltement bas been "'~ in accotdance
with the NlIdards and crl1I:ria as set forth in the Palm Beach County Unified Laud Deve\opIllCIIt
Code, Article IS, Traffic Performance Standards.
The scope of the study is to:
i) Determine the VQlwne of traffic volume to be added to the thoroughfare system
by the proposed Boynton Bagel, a IDgb Turnover Sit-Down RestAurant, for both
dAily and peak hour traffic.
il} Determine if the peak hour traffic is above the 1 % LOS D threshold for the
roadway impectcd, and if so, analyze the intenections impacted by the project.
PROJECT TRAFFIC:
The trips generated for the proposed IDgIo Tal1llMlr Sit-DOWIl R....ram De are tabulated
and summarized as foUows:
Total Daily Trips'" 142 trips.
Total P.M. Peak Hour Trips = 12 trips.
Total A.M. Pea\c: Hour Trips'" 13lrips
'The lrips generlllM for the alsllag GeM...1 eo..merdal Retail - are as foUows:
Total Daily Trips = 104 trips.
Total P.M. Peak Hour Trips '" 3 trip.
Total A.M. Peak Hour Trips'" I trip.
Net Daily Trips '" 142 - 104 '" 3 8 trips.
Net P.M. Peak Hour Trips'" 12 - 3 '" 9lrips.
Net A.M. Peak Hour Trips = 13 - 1 = 12 trips.
Bun..ooUT;
MAJOR ROADWAY LINK IMPACTED:
1% OF PM. PEAK HOUR TRAFFIC:
NO SIGNlFlCANT IMPACT
Mid-year 2007.
Federal Highway, a four Inne divided roadway.
Project Tnd'fic, 8 trips. Roadway Capacity, 30 trip$.
1
07/13/2005 10:07
5512723722
BREWER ARCHITECTURE
PAGE 02/02
..~
1RIP GENERATION RATES
Land Use Unit Daily % Pass- A.M. JnIOut P.M. InIOut
Sq. Fl. Rile By PelIk Peak
Hour Hoar
High 1,000 130.34 15.00 11.52 52148 10.92 61/39
Turnover
Sit-Down
RestaUlll1lt
Land Use Unit Daily %Pasll- A.M. InIOut ,P,M. In/Out
Sq.Ft Rate By Peak Peak
Hour HoUr
General 1,000 Sq. 155.09 45 1.03 74126 3.75 48/52
Commercial Ft
TRIP GENERATION FOR BOYNTON BAGEL
LlmdUse Area Net Trips Net A.M. InIOut P.M. Peak InIOut
Sq. Ft. Peak Hour Trips
Hour Trios
Higll Twnover 1,281 142 13 7/6 12 7/5
Sit-Down
ReslIIurant
TRIP GENERATION FOR EXISTING RETAIL
Land Use Area Net Trips Net A.M. InIOut P.M. Peak InlOut
Sq.Ft Peak HourTrip9
Hour Trips
General 1,216 104 1 110 3 1/2
Collllllllnlial
Prepared by: Gerald B. Church, P.E.
Dale: June 23, 2006
~.. :U9~
,~
:: .r; /7 -i ( 0'&
,"'(..'''~.".t
,.,~O B.C,;...... .
~... ...... "':-i'"
$,~ .<cEN.s-::-. ,~~.:
:fJi""'" ,"'" ',-,;0";.
. . . '"
: : No.10153 . ..
~. * :*;:
=*. . .,
; 1':. STATE OF : ,f!; ;
.,. . 'i't'!...
-:. "',, ..c:.1.. n,...~;:
~... ~"" OR\~",.~~.
.... ~'''''~~Vo.'.''
" . l.,,,,,,,~'
,.W.
Attachment "A"
'W
.JUl.. I.. I 2UJ~
w'
~ '~ I" n i,{
PLANNING AND
ZONING DEPT
LEGAL DESCRIPTION
LOT 8. LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY, KINGS SUBDIVISION
ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 20, PAGE 47. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.
CONT AINING 3.342 SQUARE FEET OR 0.08 ACRES MORE OR LESS.
Planning 1 st Comments
Boynton Bagels LUAR 06-020
ftP6J . If{.
~r-'
#
I. The survey needs to be revised by the surveyor to include (at end of legal description) a
computation of the total area of the subject property, computed in square footage and to
the nearest one-tenth (1/10) of an acre (per page 2, l.b. of annexation application).
2. Label attachment of legal description as Attachment "A" to be consistent with
Applicant's Ownership Affidavit and Agent's Consent form.
3. Revise attachment of legal description to include the computation of total area of the
subject property, computed in square footage and to the nearest one-tenth (1/1 0) of an
acre.
4. Revise legal description on diskette to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
5. Provide the legal description on a diskette that has been formatted to WORD document.
When diskette submitted was inserted, a message "is not recognized, may not be
formatted" was displayed.
6. The LUAR application (page 3, ILg.) requests a justification of the zoning requested,
including reasons why the property is unsuitable for development under the existing
zoning and more suitable for development under the proposed zoning. Revise Project
Description and Justification Statement as stated in review comments for Annexation
application.
a. Further address the following criteria for land use amendment and rezoning:
1. Describe how the requested land use and zoning are consistent with the
City's comprehensive plan policies for this area.
2. Describe the adjacent or nearby uses and zoning districts in addition to
stating they have the same or similar land use and zoning. Provide more
detail of how the proposed land use and zoning are comparable to the
current County designations.
3. Describe what smaller commercial uses exist in the immediate area of the
subject property and what changing conditions pertain to the area.
4. Point out that requested land use and zoning is same as adjacent parcel in
the City. Provide details in writing that explain the impact table for
roadways, water, sewer, and other services.
5. Clarify statement that buffering will be provided on all sides of both
phases, as the project is only one phase.
6. Address if the property is actually developable under the existing land use
and zoning, since it is a paved parking lot that is needed for parking for the
adjacent business in the City. Point out that annexation will bring the
entire business and site under one jurisdiction.
7. What are the proposals for minimizing land use conflicts with adjacent single-family
residential uses? Provide a list of nuisances and how they will be mitigated (i.e. hours of
operation, loading area location, mechanical equipment, screening and buffering, and
improved architectural style of building.
8. Submit traffic statement/details for the proposed use to P&Z for the file, and provide
same to PBC Traffic (Attn Masoud Atefi) for their review. Although exempt from
concurrency, we require a letter from PBC Traffic stating such.
"tJ('i
\" - I
,''-- /
( < "
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425.0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
June 28, 2006
Bradley Miller
Miller Land Planning Consultants
420 West Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Boynton Bagels, ANEX 06-007 and LUAR 06-020
Dear Bradley:
Staff has conducted an in-depth review of documents submitted for the above-referenced project
and has found the following deficiencies specific to the Annexation and Land Use
Amendment/Rezoning applications:
ANEX 06-007
1. Provide a project location in addition to PCN (as required per page 1 of annexation
application).
2. The survey needs to be revised by the surveyor to include (at end of legal description) a
computation of the total area of the subject property, computed in square footage and to the
nearest one-tenth (1/10) of an acre (per page 2, Lb. of annexation application).
3. Revise Affidavit to include a legal description of subject property (page 4, #1. of annexation
application).
4. Revise attachment of legal description to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
5. Revise legal description on diskette to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
6. Provide the legal description on a diskette that has been formatted to WORD document.
When diskette submitted was inserted, a message "is not recognized, may not be formatted"
was displayed.
7. Revise Project Description and Justification Statement submitted to address or clarify the
following:
Under Project Description:
Page 2
Boynton Bagels
ANEX 06-007 / LUAR 06-020
a. Give general location (N Federal Highway could be at north end of city too) such as
east side of Federal Highway, south of Turner Road in the vicinity of Trade Winds
Estates, near the southeast City limits.
b. Annexation parcel is identified as property, and next sentence states property is
improved with a building and paved parking. Clarify that subject property to be
annexed is paved parking area for the adjacent business located at 3377 N. Federal
Hwy.
c. States that the property will be utilized for a restaurant or permitted uses. Provide
more information as to the intended use(s) of the property. Site plan submitted is
for take-out restaurant only (convert existing nonconforming building from retail to
restaurant and add covered outdoor seating) which is a permitted use in C- 3. Are
there any other uses proposed?
d. This would be a good place to include more details about the project such as
phasing, proposed improvements such as landscaping that will result in less
nonconformity of the site, details of proposed bagel business, etc.
Under Annexation:
a. State that subject property is in City's annexation area and is a voluntary annexation.
b. Clarify that the contiguous property to the north that is in the City is the adjacent
business located at 3377 N. Federal Hwy. which has LRC land use and is zoned C-3,
and that both parcels are under the same ownership and will be used as one parcel
for the proposed bagel restaurant.
Under Land Use & Zoning:
a. Explain what the County CHIS means. Point out that the requested LRC is not the
most intensive commercial land use in the City (CH is comparable to City's GC).
b. Point out that the requested C-3 is not the most intensive commercial zoning district
in the City (CG is comparable to City's C-4).
c. Point out that requested land use and zoning is same as adjacent parcel in the City.
Under Application Justification:
a. The criteria for land use amendment and rezoning should be separate, as this is the
annexation application not the LUAR application.
b. The annexation application requires a justification that explains why this annexation
will be beneficial to Boynton Beach.
Page 2
Boynton Bagels
ANEX 06-007 / LUAR 06-020
LUAR 06-020
1. The survey needs to be revised by the surveyor to include (at end of legal description) a
computation of the total area of the subject property, computed in square footage and to the
nearest one-tenth (1/10) of an acre (per page 2, Lb. of annexation application).
2. label attachment of legal description as Attachment "A" to be consistent with Applicant's
Ownership Affidavit and Agent's Consent form.
3. Revise attachment of legal description to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
4. Revise legal description on diskette to include the computation of total area of the subject
property, computed in square footage and to the nearest one-tenth (1/10) of an acre.
S. Provide the legal description on a diskette that has been formatted to WORD document.
When diskette submitted was inserted, a message "is not recognized, may not be formatted"
was displayed.
6. The LUAR application (page 3, II.g.) requests a justification of the zoning requested,
including reasons why the property is unsuitable for development under the existing zoning
and more suitable for development under the proposed zoning. Revise Project Description
and Justification Statement as stated in review comments for Annexation application.
a. Further address the following criteria for land use amendment and rezoning:
1. Describe how the requested land use and zoning are consistent with the
City's comprehensive plan policies for this area.
2. Describe the adjacent or nearby uses and zoning districts in addition to
stating they have the same or similar land use and zoning. Provide more
detail of how the proposed land use and zoning are comparable to the
current County designations.
3. Describe what smaller commercial uses exist in the immediate area of the
subject property and what changing conditions pertain to the area.
4. Point out that requested land use and zoning is same as adjacent parcel in
the City. Provide details in writing that explain the impact table for
roadways, water, sewer, and other services.
S. Clarify statement that buffering will be provided on all sides of both phases,
as the project is only one phase.
6. Address if the property is actually developable under the existing land use
and zoning, since it is a paved parking lot that is needed for parking for the
adjacent business in the City. Point out that annexation will bring the entire
business and site under one jurisdiction.
Page 2
Boynton Bagels
ANEX 06-007 / WAR 06-020
7. What are the proposals for minimizing land use conflicts with adjacent single-family
residential uses? Provide a list of nuisances and how they will be mitigated (i.e. hours of
operation, loading area location, mechanical equipment, screening and buffering, and
improved architectural style of building.
8. Submit traffic statement/details for the proposed use to P&Z for the file, and provide same
to PBC Traffic (Attn Masoud Atefi) for their review. Although exempt from concurrency, we
require a letter from PBC Traffic stating such.
Please direct any questions or response you may have to me at (561) 742-6260.
Sincerely,
o/(~~
Kathleen Zeitler
Planner
S:\Planning\SHARED\WP\PROJEcrs\Boynton Bagels\LUAR\lst Comments Letter.doc