REVIEW COMMENTS
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 06-141
Chair and Members
Community Redevelopment Agency Board and City Commission
Kathleen Zeitler k2-
Planner
, V- 'J'-:-
Michael W. Rumpf '
Director of Planning and Zoning
September 5, 2006
Boynton Bagels /(ANEX 06-007) (LUAR 06-020)
To annex a 3,342 square foot (0.08-acre) parcel, to reclassify its
land use to Local Retail Commercial (LRC), and rezone to
Community Commercial (C-3).
PROJECT DESCRIPTION
Peters 3377 N. Federal Highway, LLC
Doug Peters / Bradley Miller, Miller Land Planning Consultants Inc.
3377 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
3,342 square feet (0.08 acre)
CHIS Commercial High/with underlying Medium Density
Residential of 5 du/ac (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
Parking lot currently accessory to an adjacent parcel in the City
formerly occupied by All Flags bike sales/repairs. Proposed use is
Boynton Bagels takeout restaurant. Subject property to remain as
parking lot. A site plan application has been filed and is currently
under review.
Page 2
Boynton Bagels
ANEX 06-007 and LUAR 06-020
Adjacent Uses:
North:
South:
Developed commercial property with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3)
(formerly All Flags bike sales/repair, proposed is Boynton Bagels
takeout restaurant);
Developed commercial property classified as Palm Beach County
Commercial High Intensity (CH/S) land use and zoned Palm Beach
County General Commercial (CG);
East:
Developed single-family residential subdivision (Tradewinds)
classified as Palm Beach County Medium Density Residential (MR-
S) land use and zoned Palm Beach County Single-Family
Residential (RS)
West:
Right-of-way for Federal Highway, then farther west is property
designated Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 town homes
(forthcoming Gulfstream Gardens II project); and to the
northwest, developed commercial property classified as Palm
Beach County Commercial High Intensity (CH/S) land use and
zoned Palm Beach County General Commercial (CG);
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present; and,
4. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007.
Page 3
Boynton Bagels
ANEX 06-007 and LUAR 06-020
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 3,342 square feet or 0.08 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.
The proposed land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 06-007). The subject property's current land
use classification is Commercial High with underlying Medium Density Residential of five (S)
dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (LRC) land use classification and the Community
Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's
equivalent to the County's CHIS land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment I rezoning application
would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations.
Since this is the case, the request is relatively straightforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program, and service capability.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.1004, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
Basically, this Policy requires the establishment of an annexation program, promotes orderly
annexation, and prohibits the creation of new enclaves. The annexation of the subject property
will further the efforts of the annexation program through reduction in the number of enclave
properties. State annexation law allows the annexation of enclaves that are less than 10 acres
through an inter-local agreement with the County without the consent of the property owners.
Currently, objectives of the annexation program include annexing all enclaves less than 10
acres, and to incrementally annex enclave properties with the intent to reducing them below
the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the u.s. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V of the Federal Highway Corridor Community
Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small
Page 4
Boynton Bagels
ANEX 06-007 and LUAR 06-020
parcels. Although residential uses are encouraged along Federal Highway through
redevelopment, the subject property is insufficient in size to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed
the project and determined that it meets Traffic Performance Standards of Palm Beach County.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, a takeout restaurant, it has been
determined that services allocated to, or existing within the area are adequate to provide the
project with a necessary level of service.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "C" - Conditions of Approval.
ATTACHMENTS
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LB. 7463 PHONE: 561.640.4277 FAX: 561.640.4261
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IIOl.IIlOARYIURYEYOf:
3377 NORTH FEDERAL HWY
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PETERS 3377 N. FEDERAL HIGHWAY, LLC
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Bagels
File number: ANEX 06-007, LUAR 06-020
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE
PUBLIC WORKS - Traffic
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTERJENVIRONMENT ALIST
Comments: NONE
PLANNING AND ZONING
Comments: NONE
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: To be determined.
ANEX 06-007, LUAR 06-020
CONDITIONS OF APPROVAL
PAGE 2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:IPlanningISHAREDlWPIPROJECTSIBoynton BagelsILUARICOA.doc
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Planning 1 ,t Comments
Boynton Bagels ANEX 06-007
1. Provide a project location in addition to PCN (as required per page I of armexation
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, I.b. of armexation application).
3. Revise Affidavit to include a legal description of subject property (page 4, #1. of
armexation 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 ofthe subject
property, computed in square footage and to the nearest one-tenth (1/10) ofan 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:
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 m City's armexation 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 CH/5 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 armexation application not the LUAR application.
b. The armexation application requires a justification that explains why this
armexation will be beneficial to Boynton Beach.