CORRESPONDENCE
,.
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
March 26, 2007
Mr. Tom Evers
Spanish River Construction
943 Clint Moore Road
Boca Raton, FI 33487
Re: Boynton Shoppes
MMSP 07-030
Dear Mr. Evers:
In response to your request date-stamped March 14, 2007 for the
administrative review and approval of the modifications proposed to
the above-referenced approved site plan, depicting the following:
· Addition of eight parking spaces along the south perimeter of
the site (as depicted on the attached plan) .
Please be informed that the proposed change to the site on the
revised plan date stamped 3/14/07 is not "minor" as defined within
the Land Development Regulations, Chapter 4 - Site Plan Review.
The addition of parking as depicted may not continue to be
processed by the Building Division as a permit application, due to
the following:
1. The parking is proposed to encroach into the Peripheral Greenbelt
for the Boynton Shoppes Planned Commercial District, as required by
the Land Development Regulations, Chapter 2 - Zoning, Section 6.G.
2. In addition to the violation of Commission approved plans, the
following code deficiencies with your proposal are noted:
The parking space dimensions and backing area do not meet the
City minimum requirement, as outlined in City Standard Drawing
K-1 (attached).
Addi tional parking areas are required to be appropriately
illuminated, and no lighting design was provided depicting a
minimum average light level of one (1) foot candle (LDR,
Chapter 23, Article II, Section A.).
The area proposed to be paved, is in excess of 800 square
feet, which requires a Professional Engineer prepare a
certified drainage plan and submit it for City review and
approval (LDR, Chapter 4, Section 7.F. and Chapter 6, Article
IV, Section 5) .
. Page 2
March 26, 2007
The "Typical Driveway Finish" detail provided with the plan
does not meet the minimum requirement for asphalt depth for
the aisle, per City Standard Drawing K-12.
Landscape plans in accordance with parking lots were not
submitted for review.
please understand that as indicated above, the proposed improvement
violates current zoning regulations, and therefore is not allowed.
This improvement can only occur through the granting of a Variance
(relief) and a Master Plan Modification from the City I S zoning
regulations, which are considered applications processed by this
office, and reviewed by the Planning & Development Board and City
Commission, after public notification and the holding of public
hearings. Variances however are based upon the demonstration of a
hardship (non-financial in nature), which help rectify something
peculiar with the site, not created by the development placed upon
it. As such, it would appear virtually impossible to demonstrate a
hardship under the criteria contained within the code for this
particular site. However, should you desire to continue pursuing
this requested improvement forward, as presently designed, you will
then need to apply for Master Plan Modification and Variance
approval. As part of the application, you will need detailed plans,
minimum application fees in the amount of $1,500, and an
understanding that the process takes approximately 90 to 120 days.
Should you choose to pursue the above-noted amendments, staff
recommends you schedule the required pre-application meeting,
including representation from the City Engineering Department, to
understand the necessary plan submittals and gauge staff support.
Please contact me at (561) 742-6260 if you have additional
questions.
Sincerely,
Ed Breese, Principal Planner
Cc: Mike Rumpf, Planning & Zoning Director
Karen Main, Plan Review Analyst
Kevin Hallahan, City Forester
Laurinda Logan, Senior Engineer
.
,-I FOR ALL STALLS LEGEND
A 19'~6" C D E A ANGLE
r:J 25'-0" 25'-0" 9'-6" B STALL WIDTH
45' 9'-6" 18'-6" 13'-6" 19'-10" C STALL LENGTH
60' 9'-6" 18'-6" 11' -0" 20'-9" D CURB LENGTH
75' 9'-6" 18'-6" 9'-10" 20'-4" E STALL DEPTH
9'-6" 18'-6. 9'-6. 18' -6. F AISLE WIDTH
gO' G WALL TO WALL WIDTH
H INTERLOCK TO INTERLOCK WIDTH
FOR ALL OTHER DIMENSIONS
STALLS ON BOTH SIDES STALLS ON ONE SIDE ONLY
ONE WAY TRAFFIC TWO WAY TRAFFIC ONE WAY TRAFFIC TWO WAY TRAFFIC
A F G H F G H F G H F G H
r:J 12'-0. 31'-0. 31'-0. 24'-0. 43'-0. 43'-0. 12'-0. 21'-6. 21'-6. 24'-0. 33'-6" 33'-6"
45' 20'-0" 59'-7. 52'-11. 24'-3" 63'-10" 57'-2" 20'-0" 39'-10. 33'-1" 24'-3" 44'-1" 37'-4"
6r:J 22'-0" 63'-7" 58'-9. 24'-6" 66'-1. 61'-4" 22'-0" 42'-9" 38'-0" 24'-6. 45'-3" 40'-6"
75' 24'-0" 64'-8. 62'-3. 24'-9. 65'-5" 62'-11. 24'-0" 44'-4" 41'-10. 24'-9" 45'-1" 42'-7"
gO" 25' -0" 62'-0" 62'-0" 25'-0" 62'-0" 62'-0" 25' -0. 43'-6" 43'-6. 25'-0. 43'-6" 43'-6"
.N.QIE.; ALL DIMENSIONS ARE MINIMUM.
-~
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~D~BY
BOYNTON BEACH ENGINEERING DMSION CONSTRUCTION STANDARDS & DETAILS
CRITERIA.DWG
PARKING STALL & AISLE DIMENSIONS
(STANDARD)
EFF. DATE
08/02
DWG. NO.
K-l
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO" 07-034
FROM:
Ed Breese, Principal Planner, Planning and Zoning
Laurinda Logan, P.E., Senior Engineer l
TO:
DATE:
March 22, 2007
Review Comments \
Minor Site Plan Modification - 1 st Review
Boynton Shoppes
File No. MMSP 07-030
RE:
The above referenced Site Plan, received on 3/15/07, was reviewed for Public Works, Engineering, and
Utilities against the requirements outlined in the City of Boynton Beach Code of Ordinances. This minor
modification is for addition of parking on the south end of the referenced property. Following are our
comments with the appropriate Code and Land Development Regulations (LOR) referenced. Please
advise the applicant to address the following comments prior to approval of this request and permitting.
PUBLIC WORKS - SOLID WASTE
No comments at this time.
PUBLIC WORKS - FORESTRY & GROUNDS
No comments at this time.
PUBLIC WORKS - TRAFFIC
1. Stall dimensions shall be in accordance with City Standard Drawing K-1 or the standard under which
the Boynton Shoppes development was constructed (9-ft x 18-ft stalls with a 27 -ft backup/aisle.) A
copy of the parking stall standard under which the development was constructed is attached.
2. Indicate, by note on the plans, that all necessary traffic control devices such as stop bars, stop signs,
double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. shall be in
accordance with City Standard Drawings "K" Series.
3. Provide signing at the ingress and egress ends of the proposed parking area indicating "One-Way"
and "Do Not Enter"
ENGINEERING
4. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate
sheets.
5. Please note that changes or revIsions to these plans may generate additional comments.
Acceptance of these plans during the Technical Advisory Review Team (TART) process does not
ensure that additional comments may not be generated by the Commission and at permit review.
Dept. of Public Works, Engineering Division Memo No. 07-034
RE: Boynton Shoppes, Minor Site Plan Modification - 1 st Review, MMSP 07-030
March 22, 2007
Page 2
6. Show proposed lighting for the proposed additional parking. Lighting design shall provide a minimum
average light level of one foot-candle (LOR, Chapter 23, Article II, Section A.)
7. Area to be paved is in excess of 800 sf (approx. 1475 sf scaled) and will require a professionally
prepared (engineered) drainage plan in accordance with the LOR, Chapter 4, Section 7.F. Chapter 6,
Article IV, Section 5, and Ordinance #00-44.
8. Provide an engineer's certification on the Drainage Plan as specified in LOR, Chapter 4, Section
7.F.2.
9. Full drainage plans, including drainage calculations, in accordance with the LOR, Chapter 6, Article
IV, Section 5 will be required at the time of permitting.
10. The "Typical Driveway Finish" detail attached to the plan does not meet the minimum requirement for
asphalt depth for the aisle (1~-in per City Standard K-12.)
UTILITIES
No comments at this time.
Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
Peter V. Mazzella, Deputy Utility Director, Utilities
H. David Kelley, Jr., P.E.I P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Glenda Hall, Forestry & Grounds Manager, Public Works/Forestry & Grounds Division
Larry Quinn, Solid Waste Manager, Public Works/Solid Waste
File
DATE: 2/09/07
~LAN REVIEW CORRECTIONS REP^RT
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
PAGE
1
APPLICATION NBR
ADDRESS . . . .
APPLICATION DATE
APPLICATION TYPE
07-00000494
1660 S CONGRESS AVE
2/07/07
PARKING LOT
------------------------------------------------------------------------------
OWNER
BOYNTON SHOPPES INC
943 CLINT MOORE ROAD
BOCA RATON FL 33487
CONTRACTOR . . . . .
SPANISH RIVER CONSTRU INC
943 CLINT MOORE RD
BOCA RATON FL 33487
~...- tP. _ A ... _
/o--JnI-- ~U,L
(fro;) 70-- / r;ol
------------------------------------------------------------------------------
AGENCY NAME: PLANNING & ZONING
DATE ACTION
ACTION BY
------------------------------------------------------------------------------
2/09/07 NOT APPROVED/SEE COMMENTS KAREN MAIN
T/S: 02/09/2007 08:07 AM MAINK -------------------------
1. Clarify scope of work on the plans. 2. Addition of par
king area constitutes a modification to the approved sit
e plan. Please contact Ed Breese, Principal Planner: Pla
nning and Zoning Division, at 561-742-6260, to initiate the
minor site plan modification process.
,- ...--- ..~ .~__"T.._
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
March 29, 2001
Roger Deckard, Project Manager
Principle Properties
943 Clint Moore Road
Boca Raton, FL 33487
Re: Boynton Shoppes- Parking Lot
MMSP 01-022
Dear Mr. Deckard:
In response to your request for administrative review and approval of the modifications proposed in
the above-referenced approved site plan, please be informed that the relocation of the five (5) parking
spaces and deletion of one (1) dumpster as shown on the revised plans date stamped 03/23/01 is
"minor", as defined within the Land Development Regulations, Chapter 4- Site Plan Review.
This project may continue to be processed by the Building Division as a permit application subject to
the following condition:
1. Provide the accent shrubs (Sandankwa viburnum) along the required screen walls as shown on
the originally approved landscape plan (Chapter 7.5, Article II, Section 5.1.).
Be advised that the proposed change may require a modification to the building permit. Please
contact me at (561) 742-6260 if you have additional questions.
Sincerely,
Lusia Galav, AICP
Principal Planner
Cc: Jose Alfaro, Planner
J:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Boynton Shoppes\Boynton Shoppes Parking Lot\Approval Letter.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 00-258
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
July 28,2000
Meeting Date: September 26,2000
File No:
ZNCV 00-012 (peripheral areenbelt)
ZNCV 00-013 (side yard setback)
Location:
620 S Congress Avenue
Agent/Owner: Robert Basehart, Basehart Consulting, Inc.
Project:
New commercial retail/restaurant building
Request:
Two variances from the City of Boynton Beach Land Development Regulations,
Chapter 2. Zoning:
1) Section 5, F. 7 .e., to allow a 12.5-foot side yard setback reduction from the 30 feet
required within the PCD zoning district, for a 17.5 foot side yard setback;
2) Section 5, F. 7.t., to allow a 5-foot peripheral greenbelt reduction from the 10 feet
required within the PCD zoning district, for a 5 foot peripheral greenbelt.
BACKGROUND
The proposed project that corresponds with the subject requests includes the addition of 3,000 square
feet of retail space and a fast-food restaurant to the existing Boynton Shoppes PCD. This PCD was
approved in September 1997, and is located on the east side of Congress Avenue approximately 200
feet south of Woolbright Road. The PCD wraps around the existing Amoco/Mc Donald's station
located at the intersection (see Exhibit "A" - Location Map).
Boynton Shoppes PCD has been developed with an oil change facility, a tire store, an auto detail
shop, and retail stores that totals 18,530 square feet. The built portion of the project is oriented toward
Congress Avenue, with the main access drive on Congress Avenue and a second access driveway
connecting to Woolbright Road. It is near this second access drive where the project, and variances
are proposed (see Exhibit "B" - Proposed Site Plan).
The subject variance applications are for relief from the Land Development Regulations Chapter 2,
Zoning, Section 5, F.7, to allow the proposed building to be constructed with a side setback of 17.5
feet, or a 12.5 foot side setback. The second variance request is to reduce the peripheral greenbelt of
10 feet to 5 feet, which is a minimum requirement of all Planned Commercial Developments (Chapter
2. Zoning, Section 6.F). The property is also the subject of an application for rezoning and for new site
plan approval to allow the construction of the 3,000 square foot building. The submitted site plan
includes a Landscaping Plan depicting the proposed 5-foot peripheral greenbelt and an existing ficus
hedge along the (east) common property line with the bank (see Exhibit "C" - Proposed Landscape
Plan).
The following is a description of the land uses of the properties that surround this site:
North -Woolbright Road right-of-way, farther north office zoned C-1;
South -Residential multi-family, Christian Villas, zoned R-3;
East -Suntrust Bank, zoned C-3; and
West -Amoco gas station/Mc Donald's, zoned C-3.
Page 2
Boynton Shoppes
Memorandum No. 00-258
ANAL YSIS
The code states that the zoning code variance cannot be approved unless the board finds the
application has been studied and considered in relation to minimum standards. These standards are
listed in the Land Development Regulations Article X of Chapter 1. General Provisions, and are listed
in each variance application as items 5.a through 5.F. They read as follows:
A. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The applicant's response to two of the items are indicated along with a justification statement in Exhibit
"0". The staff response to selected items are as follows:
a. That special conditions and circumstances exist which are peculiar to the land involved and
which are not applicable to other lands; and
b. That the special conditions and circumstances do not result from the actions of the
applicant.
As described in the staff report for the corresponding application for major master plan modification,
the subject requests have been generated as a result of the applicant requesting to add a building to a
narrow portion of the subject master plan where no square footage had been originally proposed and
reviewed. Furthermore, those site constraints that appear to limit current use of this portion of the
subject project were known by the applicant at the time of original submittal, which may have been
originally initiated by the code revision to reduce the maximum size of a PCD from 5 acres to 3 acres.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by the Ordinance to other lands, building or structures in the same zoning
district.
Given that master plans are reviewed and approved initially for compliance with regulations and
conformance with quality design objectives intended for planned zoning districts, granting of the
subject requests could represent a special privilege not typically conferred to others. This statement is
justified by the fact that relief would represent the lowering of standards to which other PCD master
plans are held.
Page 3
Boynton Shoppes
Memorandum No. 00-258
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure.
Staff acknowledges the size restrictions of the parcel imposed by its width (117 feet), and the
impossibility of expanding its boundaries to minimize the property's dimensional constraints. However,
as described in the analysis and report for the corresponding request for major master plan
modification (please see Memorandum No. PZ 00-273), the proposed use is part of The Boynton
Shoppes PCD master plan. This master plan was approved in 1997, and preceded (accompanied) by
an amendment to the code which was required to reduce the minimum acreage of a PCD from 5 acres
to 3 acres, to allow for the subject 3.63-acre property to be rezoned accordingly. The property was
developable under the then C-3 zoning, but not for the automobile care uses desired by the applicant.
The repair of automobiles or tire sales and service are not allowed on sites less than 5 acres in size
within the C-3 district, and as indicated above, the minimum size of a PCD was 5 acres. To minimize
the city-wide impacts of a code change, the PCD regulations were the target of their amendment
request. Those site constraints that appear to limit current use of this portion of the subject project
were known by the applicant at the time of original submittal, which may have been originally caused
by the code revision to reduce the maximum size of a PCD from 5 acres to 3 acres.
Finally, staff focus this analysis on item "f' from the previously mentioned list of minimum standards
that states:
f. That the grant of the variance will be in harmony with the general intent and purpose of this
chapter (ordinance) and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
As also indicated in the analysis on the corresponding request for major master plan modification, the
proposed modification and subject variances are not consistent with the intent of the regulations for
Planned Commercial Developments "to accomplish a more desirable environment for commercial
development in relation to existing and/or future city development", to "promote the public health,
safety, convenience, welfare..", nor to provide efficient and harmonious design so as to create an
attractive project". The subject variances would allow for the PCD regulations to be diluted, without
significant justification and compensation in design to offset the impact on the master plan.
CONCLUSIONSIRECOMMENDATIONS
Based on the analysis contained herein, and within the report on the corresponding request for major
master plan modification (REZN 00-001), staff recommends that this request for relief from the zoning
regulations be denied.
No conditions of approval are recommended; however, any conditions recommended by the Board, or
required by the Commission, shall be documented in Exhibit "E" - Conditions of Approval.
Attachments
MR/dim
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PROJECT NAME: Boynton Shoppes
LOCATION: SE corner of Woolbright Road & Congress Avenue (-McDonald's)
PCN:
I FILE NO.: MMSP 07-030 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton Shoppes Inc
Tom Evers- Spanish River Construction ADDRESS: 943 Clint Moore Road
ADDRESS: 943 Clint Moore Road Boca Raton, FL 33487
Boca Raton, FL 33487 FAX:
FAX: If{Pf qtl7- Q$'77\ PHONE: 561-755-1901
~
PHONE: 561-755-1901
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SUBMITTAL / RESUBMITTAL u~ I 3/15/07
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1 ST REVIEW COMMENTS DUE: J L I IYIl"V1 I 4 (WI '--'
PUBLIC NOTICE/ SIGNS 30 days /10 days PLAr,~JiNG AND
Z\1tm,G DI:'PT
IPARC:
TART MEETING:
LEGAL AD
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING:
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Shoppes\MMSP 07-030\2007 PROJECT TRACKING INFO.doc