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Minutes 01-02-02
Miff UTES OF THE REGULAR CITY COMMISSION MEt i LNG HELD IN COMMISSION CHAMBERS, CITY HALLf BOYNTON BEACHf FLORIDA~ ON WEDNESDAY~ 3ANUARY 2f 2002 AT 6:30 P.M, PRESENT: Gerald Broening, Mayor Ronald We,land, Vice Mayor Mike Ferguson, Commissioner Chadie Fisher, Commissioner Mack Mccray; Commissioner OPENINGS: Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk iCall to Order - Mayor Gerald Broening ~vocation Pledge of Allegiance to the Flag led~ by Commissioner Mack McCray Mayor Broening called the meeting to order at 6:30 p,m. The invocation was offered by Mayor Broening and commissi°nef McCray led the Pledge of AIlegianC~ to the Flag. D. IF YQUWISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM , · GWE Z'I' TO THE cz"rY CLERK (ON THE DA,IS) BEFORE THE "OPENINGS' PORTZO'N OFTHE AGENDA HAS B ~F-EN COMPE.ETED; , · COME TO THE PoD~ruM WHEN THI~ MAYOR CAiLLS YOUR NAME ZND~ZDUALS MAY SPEAK FOR THREE UNINTERRUPTED MTNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Rsher requested that Item XI[.C.1 be moved up to follow Public Audience. He also requested that item~ under Public Hearing follow Item X11.C.1. 2. Adoption Motion Commissioner Fisher moved to adopt the agenda as amended. Motion was seconded by Commissioner Fergusoh and carded unanimously, Meeting. Minutes Regular 'C~y Corn mission Bovnton Beach, Florida 3anuarv2,2002 PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WI'LL BE I.ZMZ'rED TO 3-MZNUTE PRESENTATZONS None XZZ. LEGAL: Resolutions: Proposed Resolution No. 02-005 City CommisSion Election Districts Re: Esta~lishir~g Mayor Broening opened the Public Hearing. Patti Hammer, S2 Stratford Lane, str~ssed that redistricting of districts land 3 would be a mistake. This would be giving one vote where there previously were two. This area should have two votes as it has always had. Shide¥ .laskiewicz, 1917 SIN 'I3th Avenue, said she echoed the sentiments of Ms. Hammer. One of the requirements and consderation of the Commission was that new districts should approximate ex sting districts, ~ She sai,~ .that at the workshop, the Commission came up with another solution that would ~g0:al~ng w~'~' the e~s~west basis as currently eXists in the northern most part of the C ty and quadrants n the southern end of the City. Hayor Broening clarified that thi~ The COmmission had discussed an option of districts i and 3 in the sOuthern part of the a northeast and northwest City on the same east/~est Ms..laskiewicz urged the C0mmission to have consistency in the entire City and have the entire City done the same way. Mayor Broening said that there appears to be a discrepancy between the Commission's previous discussion and the chart that Iris..laskiewicz has. What the Commission had discussed was that only the southern one half of the C!.ty wo.uld:be ,divided ,on a~n _e~_st_ t.o..~..e~_.b.~.tAotf t~: meeting, there isa choice between e~?. aaoP.~anngt t:nLqeUma, eran~ opaon, w.,~,, ,,,~ ,,,,~ requirements that we had, or the bleneea quaor sy Commissioner Fisher said that his understanding of the last meeting was that districts 4 and 2 was one scenario and districts I and 3 were another question. Districts 4 and 2 continue with east to west with the eXception of Village iRoYa~e on the Green, which remains in district 'L and the southern two districts would be redrawn t°'go east to west aS well. Mayor Broening stated that no decision was made previously. That was only a workshop. Commissioner Fisher said that districts 2 and 4 in the north area were looked at as a minority district. Village Royale on the Green is a large voting block and does not fit into a minority district. The area east of Village Royale on the Green would go to District 2, thereby providing 2 MeeUng Minutes Commis an opportunity for a minodty to be ele~ed. Of the calls that ha has received, one of the issues waswhather it isfair that a large voting population have only one seat; On the flip side. of that is the poSSibility that there would beno representation at all west of T-95. Commissioner Fisher supports the least change version 3. Commissioner Ferguson said that the City hired 'Dr. Lance deHaven-Smith to do this ~e~i~cting. He ha~ come up with :the quadrants that meet the five criteria. Vice Mayor Weiland said that we have hired a consultant and we have one option that meets all of the criteria. We would create a minority district and a senior district. Hebelieves that the four quadrants is the best option. Commissioner lot of the citizens did not attend the workshops. He for the public. City Manager Bressner requested a 10- ]:n the meantime, it was the consensus of the The following items were taken out of sequence. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board McCray Ferguson Mayor Broening [ Weiland IV Fisher IV Fisher Mayor Broening Mayor Broening Mayor Broening ! Weiland I Weiland Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting Children & Youth Advisory Bd Stu/Reg/Voting Bldg Bd of Adj & Appeals Reg Bldg. Bd of Adj & Appeals Alt Cemetery Board Alt Code Compliance Board Reg Comm. Redevelopment Agency Reg Community Relations Beard Alt EducaUon Advisory Board Reg Library Board Alt Nuisance Abatement Board Alt Senior Advisory Board Reg Length of Term Expiration Date i yr term to 4/02 1 yr term to 4/02 3 fr term to 4/04 ~. yr term to 4/02 I yr term to 4/02 3 yr term to 4/03 4 yr term to 1/06 1 yr term to 4/02 2 yr term to 4/02 1 yr term to 4/02 1 yr term to 4/02 2 yr term to 4/03 (Tabled-3) (Tabled-3) (Tabled-3) (Tabled-3) (Tabled-2) (Tabled-3) (Tabled-3) (Tabled-3) 3 Meeting Minutes Regular City Commission Bovnton Beach;,FIorida Commissioner Fisher appointed Thomas Walsh as a regular member of the Code Compliance Board, He is cu~enUyan a temate on this Board. All other appointments were tabled. MoUon Commissioner Fergusen moved to accept the appointment. Vice Mayor Weiland seconded the motion that carried unanimously, A. Zntormational Ztems by Members of the City Commission Commissioner Fisher stated that he was appointed tothe Water Re-Use Task. Force. Eight mill on gallons of wastewater s saved per day and they Want to possibly save 24 mi, ion 9atlons a day They will be meeting again next we~k. regarding*the ~e:Qse of water ~and sharing the cost with the City of De]ray Beach. lie also said that the City does not have a police or fire memorial. He would like to meet with someone from the Fire, Police and Parks Depad:'nents to discuss this. VZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approvat of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of December 13, 2001 2. Regular City Commission Meeting of December 4, 2001 3. 3oint City Commission/Chamber of Commerce Workshop Meeting of December 13, 2001 4. Special City Commission Meeting of December 18, 2001 5. Regular City Commission Meeting of December 18, 2001 Bids & Purchase Contracts- Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 1. Authorize the purchase of 20 SWAT vests for the Police Department from First Choice Armor & Equipment, ~nc. in the amount of ~21,000 2. Award a construction contract in the amount of S153,200 to Megan South, [nc. of Davie, Florida, as the Iow bidder under Bid No. 006-2413- 02/KR for the East Water Treatment Plan, Phase [1:~', Parking Lot Construction Project (PROPOSED R~$OZll~'~ON NO, R02-O0~) 4 Meeting Minutes Regular City Commission Bqyntqn: B~-ach; Florida ~'~'" ~ ~ 3anuarv 2, 2002 Award a construction contract in the amount of $2,510,704.50 to Mora Engineering Contractors, Inc. asthe sole bidder under Bid No. 003-2413- 02/C3D for the Industrial Avenue Corridor Stormwater Improvement Project (PROPOSED RESOZUTXON NO. R02-002) Extend the RFP for~ THREE EAR BANKJ~NG SERVICES, RFP #O14-i4t0- O:[/CJD, to-Bank of America for one additional year (New RFP #027-1410- 02/C.]D) OF FUNFARE! inc. in Commissioner Ferguson pulled item B.5 for comment, C. Resolutions: Proposed Resolution No. R02-003 Re: Amending the Capital Improvements Plan to include Barton Memorial Park Recreational Trail Project in FY 2001-02 Proposed Resolution No. R02-004 Addendum to Employment Contract for Dan Project Specialist for the City of Boynton Beach Re: Approving an DeCarlo, Neighborhood D. Ratification of Planning & Development Board Action: High Ridge P:~D (Miner Road & High Ridge Road) - Request for Master Plan Modification to include relocaUon of the cul-de-sac (Commerce Road) and approval of a master signage program for the High Ridge High Ridge P:[D (Miner Road & High Ridge Road), Request site plan approval for a 78,030 square foot light industrial building on 5.38 acres. J High Ridge PID (Hiner Road & High Ridge Road) - Establish the list of approved uses for the High Ridge P[D WoolbHght Medical Building (Freeman) (Woolbright Road & 22na Street) - Request a one-year time extension of the site plan approval and concurrency: certification originally granted on November 8, 2000, to November 8, 2002. E. Ratificat on of Community Redevelopment Agency Action: Dakota Lofts (Chart's Enterprises) - 3010 S. Federal Highway - Request for Site Plan approval to construct 19 multifamily town homes, recreation 5 Meettng Minutes area, and related site improvements on two acres (t~OSfimONED UNTIL Motion Commissioner Ferguson moved to approve the consent agenda as amended, Motion was seconded by comr~i~Si0ner Rsher and ~arr ed unan[mou~y~ B.5. Award "TWO YEAR CONTRACT FOR THE PUNTING OF FUNFARE! Worth Hera d Press, ThC. in Comm ss oner Ferguson commented tbat:,none of the b~ds were from local suppliem, He would hope that we could find some waYto ma~ch out and get l~a[ suppliers to at least hie on these projects in the future. ~ Motion Commissioner Ferguson moved to approve item B.5. Comm,ssioner Fisher seconded the that carried unanimously. motion VZZ. CZTY MANAGER'S REPORT: None Mayor Broening commented that he had almost pulled item B,3 under consent. He noted that it has been a long time coming and we are now in the process of fixing that very serious problem that has plagued the City in that area for many years, V, ANNOUNCEMENTS & pRESENTATiONS: A. Announcements: None B. Presentations: 1. Proclamations: None Presentation of check to Mayor and City Commission from Officer 3ohn Huntington and the C.O.P. volunteers from their fundraising for the American Heart Association (POSTPONED 0N.~2/.~8/0.~) Mayor Broening noted that City Manager Bressner was the program manager this year for the Hear~ Assodation fund and he believes that the City Manager and his staff deserve a lot of credit for getting this check. Meeting Minutes Regular City Commission Bovnton Beach~ Florida 3anuary2,200~ Officer John Huntington presented a check for $730 to the Mayor, City Commission and City Manager for the American Heart. AssociaUoq. City Manager Bressner said that over $32~000 had been collected for this fund by the City of Boynton Beach Heart Walk team this year, The City was the #1 team in Palm Beach County. He thanked the C.O.P. volunteers. Resumed discussion Tegarding item XZI. C.1 Dr.-Lance deHavemSmith ,showed a slide presentation dealing with the redistricting basic options: 1. To draw the lines pretty:'muchr,the ,same as they are drawn now, as a set of horizontal bands, 2. To divide the City into four quadrants, with an east/west division along 1-95 and north/south along Boynton Beach BOUlevard. Dr. deHaven-Smith explained "that with the quadrant model a, djusted, it does balance the districts according to populat on, It provides a majority Africari/American voting age district, which is district 2 in, ~he northeast*'h quadrant. Thore would Me at least one district that is majority senior, which is district 1. There would also be a district that is 2/3 democrat, which is the African/American district. The last variation that the ,Commission requested is the ,new least change #3 option. Tt moves all district lines north and d~!this with one Slight change, l~t pbts Village Royale on the Green into District 4, meets the ~eshold requiremen~ for th~ popul~ti0n distribution, has a majority African/American district and has a 50% African/American voting age district. Tt also has a senior majority district and: has some difference in terms of partisan alignment of districts. Commissioner McCray thanked Or. deHaven-Smith for making the options dear to the audience. Mayor Broening said that he will go along with the Commission on this issue. All of them meet the legal requirements. ~ Some meet some ~of the obieCtives better than others. Tt does not make a difference inthe election of the Mayor since the mayo~ is elected at-large. He can see the good and bad in all opUons. Motion Vice Mayor Weiland moved to approve the four quadrants option. Commissioner Ferguson seconded the motion. City Clerk Prainit0 called the roll and the vote ;assed 3 to 2 with Commissioners Fisher and McCray dissenting. City Attorney Cherof stated that the body of this Resolution No. 02-005 requires ~hat there be attached to the resolution a redistricting,; plan~ Therefore, there needs to be specific boundaries generated from the exhibits. Also, the stud~ efforts of the two consultants need to be part of the record of the proceedings so their reports will be part of the agenda item record that the Clerk will be keeping. Heeting Hinutes Regular City COmmissmon B~¥~ton B~h~- Florida ]anu~rw 2. 2002 PUBLTC HEARZNG: 6:30 P.H. OR AS SOON THEREAFTER AS THE AGENDA PERt4ZTS Project~ Dakota Lofts Agent: H'! P: T°mpkinS Owner: Chart's Enterprises Location: 3010 S. Federal Highway Description: to ~eclassify the subject property from Local Retail with 19 three- Project: Agent: Owner: Location: Description: LLC Beach Boulevard (SR 804) approximately 7m Sb'eet, opposite the intersection of nd Wes~ Industrial Avenue the Comprehensive Plan Future Land Use Map a 0,62 acre parcel from Medium DensiW 'Commercial and to rezone Commercial (C-2) C, Project: Agent: Owner: Location: Description: CiW A[torney Cherof s~ated Kreme. He said that this was ~ future land use Cond tional Use and Site present: He asked them to leave their business cards v LLC Beach Boulevard (SR 804) approximately 7m Street, opposite the interse~ion of Industrial Avenue Plan approval for a 4,680 square with drive-through feabJre ; 2002) ruder Public Hearing dealing with Krispy to amend the comprehensive plan and ~ Local Detail Commercial and to is also requesting ~ were a number of court reporters Clerk can ke~p a record or to ney Cherof asked, that any attorneys who themselves. 8 Meeting Minutes Regular City Commission S~1~htQn Beach~:FIQrida 3anuarv 2, 2002 Michael Weiner, Weiner & Aronson, 102 Swinton Avenue, Delray Beach, Florida, identified h rose f as r~presenting~rispy Kreme. P, egina[d St~mbaugh; attorney in South Florida, is representing Mr. Craig Stanley and also the group'0~-gani~zei~ as'save ~ur. Street'(~.o.s~)~ Eight~/individuals have signed a petition (Exhibit l), v~hich is' atta~h~ tO th~ original 'mihUtes On file ih the City Clerk's office, ~ City Attorney Cherof conducted a bulk swea~ing in for anyone Wishing to speak at the Public He~r ng.;iH& r~quested~at ~ertwitnesses:identify their field of e~ertise; City Attorney Cherof ex@!ained l~l~e procedure to be foilowed as li~ed below' presentation. Suppo~e~ speak. turn in a card will speak. ~resent questions to the applicant or to anyone who Dick Hudsor cur property i; I comments be reserved until affcer the audience to be designated as part of the leave them with the Clerk. & Zoning Division, presented an overview of the is a 0.36 acre vacant property classified as and a 0.26 acre parcel of developed and classified as Medium Density The total property to be reclassified is 0.62 of an ~ 0.42 acre vacant parcel to the west which is nd zoned Neighborhood Commercial (C-2). The property fronting on Boynton Beach Boulevard is Michael Weiner~ attorney for applicant, stated that .lim Cosentino is the majority owner of Krispy Kreme. ~e ~ril¥ newwfitten item being presented tonight is a letter from the Police Depe~ent in ~i towr~' i~ New York concerning operations there of another Kfispy Kreme. This letter was presented into the record as well as Answers to Comparison of ~mpacts, Answers to and records with respect to the notice that was given for this These exhibits are marked 2 through 6 and are attached to the od~nal ~ City Clerk. Attorney Weiner said that the staff report, wh - 8 dealing with the Comprehensive Plan These standards are marked Exhibits 7 and 8 office of the City Clerk. Meeting Minutes Regular City Commission BovntOn Beach,: Florida Scott Barber, Gee & 3enson, agent for Krispy Kreme,. has been a license~ landscape He has been with Gee & Jensen for 4 yearS and in ~e planning trees land use the that however, itl use planning lng is, with the I Use <~e Ordinances ;The applicant did There was an 1did ikeep the MeeUng Minutes Regular City Commission Bgynt~nr/Beach. Flqrida 3anuarv2,2002 Commission from processing this~apptication tonight. The store will hire an average of 65 emp oyees; however, there w ony be :L2 empoyees per shft. Krspy Kreme s not a manufactUrer. There will be no wholesalin~g~.: There will only~, be One 'delivery 'from the comm ssary per week and there wi be no otl~er serni{ to the site. ~ey a~e willing tO discuss the. location of the drive-thru menu board and employee parking to satisfy the H~ghbors. He said that the City code and Comprehensive Plan encourage this type of de~i°pm~nL' ' J is a board ce~ifi~ residents. tham I like to have down met because there was 11 Meeting Minutes 3anuarv:2, 2002 When asked by Attorney Stambaugh, Michael Rumpf, Planning & Zoning Director, confirmed that there a. re o~er commercially zoned properties in the City for Krspy Kreme, Generally, ~ere rn~y 6e i~n~J~'~,~f~i!~i~ in.. Hembers o~e PUb Dr, Mark Roberts, representing himself and RHS CorporaUon which owns 'the I use amendment, Said that he presented a OW code ,Which dea~l¥ sta h~e-~o: the Origih~l' a~plfca! h~Fe-a~ing the :si'ze Fii~i-e ~e s~ze- of the'!pi~Op~ ?c~re:~s ~n ff. - Ucle there and uest an use ~is will H~ Cttat~on' al~swered that, in his in ,this area.~ '" co.ins the duplex: is currently ' to effect transiUon t2 Meeting Minutes Commissioner Fisher asked City Attorney Cherof and staff whether things have been done in the proper orderprocedurally to bdng this item before the City.Commission tonight. Mr. Rumpf said that they have;been. He said that the application was amended to a,significan,t de ree; however, that was pr or to pub c not ficat on A so part Of the reason that t wa~ modified was based upon an error shown,on the City's ~oning map. Dr. Roberts asked Mr. Rumpf whether the applicant re-submitted a complete package ,with their amended application. Mr Ru,,.mpf t, eplied~that elements of the origina application were combined With the second application to r~ee[ all requirements, ,, A recess was declared, at 8:30 p.m, The meeUng reconvened at 8:40.p.m. Te Iiames; 656 NW 1~ Avenue, spoke of the no se from the Waffle House and how sem s pull in all night.: There is a IotOf traffic, She said that at'the last meeting, Krispy Kreme said there would be 90 employees.' She questioned .where they all were going to park. She was concerned wth parhing~ noisei iighting and the~dec ne in property values. She questioned why they wou d have a walk-through in the back. Scott Barber said that this is 'a 'requirement of staff. It is a residential connection. 3ohn Craig Stanley, 640 NW 1~t Avenue, said he has looked for a compromise from the start. He wants Kdspy Kreme:to build on the vacant property. The duplex at 633 is not a rental. The owner's daughter and son-in-law live there. All he wants is fairness to the voters and residents. Kdspy Kreme is a manufacturing plant and will ruin property values. Beatrice ,lean~ 644 NW l't Avenue, was concerned regarding the lighting; the noise from a 24/7 ~perati0n and from the drNe.thru speakerS; and pollution. David Katz said that the lot pr0posed to build On has been a dumping site and a used car lot. This is a first class company coming in. Tlie drive-thru is necessary because that is a requirement by the'franchise. He would like to.;see the property developed and the increased tax value. Alice Otis, 203 SW 13m Street~ was concer~ed regarding the s~ell. The sweet grease is nauseating. She h~ped that, they havea plan to tone the smell down Beatrice Baptiste; whoSe mother lives al: 629 NW 1~t Avenue, said her mother will be directly affected. :~e dupleXin question is n~to her mother. You must think about the re. st of the 'residents~ ' S~metime~sI money js not the ,~ost important thing, They are improving the City but only to prOfit them~selves. Her moth~l~'' may have to upgra~le her security because of this. .lohn ',lohnston, 708 NW 1~ Avenue, sa!d= there is a terrible noise problem in the neighborhood now. Waffle House has a ~Nall ;and Shrubs and there are beer bottles being 13 thrown over the hedge. There are car alarms going off and semis park across the street. Po ce sa d thev~could not stop sero s from parking there. He said that he wouldnot mind se much !f KriSpy Kreme were open normal hours, There is a problem w~th rubbish ano noise a ratS.:fr6~ :~l~t~rs. ,:H'~ b~li~Ves Ghat the~ Will be a~traffiC prOblem~ith~cars,turoing;' Wend¥ Franklin, long. There is ago, he JCh their sq. lt. Those not a Therefore, t ~ould be walled in. rear. plan excluded the duplex zonll and restaurant. Attorney Weiner said there were 20 criteda and only there are Nat Siegel, with respect to witnesses who have testified, lawyers are not experts. ~ Weiner stated that they have is going to be C-2 oes in. There will be dumpsters the entire - 1) whether the the existing zoning and 2) whether he has been in the restaurant Krispy Kreme Whe~ the use Scott Barber testified that it Krispy Kreme. The that with the proposed would not allow 14 MeeUng Minutes Regular City Commission BovntOn Beach,~Fiorida 3anuarv2, 2002 vehicle access to a major roadway without buffering. There is very little landscaping at the Gainesville site and the Handicap Accessibility Code did not exist back then. Attorney Weiner said that concerning the procedural issues, all the changes were made before the notices went out. With respect-to the duplex; you cannot get th,e access~ the lighting, and the extra lanes without adding that particular piece of property. City Manager Bmssner asked where the Krispy Kreme donuts that they sell at Publix come from and where,they will come ,from f th s.pet tion is approved. 3ames supermarkets. member of Krispy Kreme South Florida LLC~ stated that the donuts · They will not come from this local KrisPy Kreme, not to When asked how many emPloyees them would be, Mr. Cosentino said them would be between 12 and 14 employees per shift. Only the drive-thru hours am weekdays from 5:30 a.m~ until_ 11 p.m. and on weekends until midnight. Mr.-Cosentino said that they would be happy to close up the rear wall. [n regards to the sign board, he sad that' it could be relocated to direct sound to Boynton Beach Boulevard.- Regarding lighting for,the site, they would be willing to work with staff on Vertical lighting withoutl any horizontal intrusion. When asked by City Manager Bressner, Mr. Cosentino said that employee parking would be totally on site. There are 43 seats in the restaurant and ,they have never had a problem at other stores with shift Changes and parking, Commissioner McCray questioned where the reference to 90 employees came from. Nat Siegel said that the 90 employees came from their initial hiring for their first store in New York. Their employment records show that there are CurrenUy 64 employees there. This is how they arrived at the average of 65 employees for the Boynton Beach store. Attorney Weiner said that 75-90 employees had only been an estimate. Vice Mayor Weiland said he is sum they have done their due diligence in determining a site for the Krispy Kreme. He assumed that the garbage pick-up could be scheduled during the day time. He had concerns regarding nmse, odor, and the landscaping buffer. He understands that Krispy Kreme is willing to do more landscaping. He would suggest eliminating the sidewalk and putting in heavy landscaoing with mature trees so people could not park there. Attorney Stambaugh said that regarding the statement that the Gainesville site did not meet handicap requirements, the site plan did have handicap parking. Dr. Roberts asked Mr. Siegel whether the property could be developed for other things. 15 MeeUng Minutes Regular CitY~:~ommission Nat Siegel said that what he hao testified to was that they could not develop Krispy Kreme on that pa~ce~ w~thout the extra I.and. vice M~yo~ Weiland,;asked,Whether Krispy Kreme would be- willing to work with staff on the landscaping issue to which Attorney Weiner replied "yes." Mqtion Commissioner Fisher moved to approve the. Comprehensive Plan and the rezoning for Krispy Kre~e 9f,:~ ~1o[!~ ~LC, MOtion ..W,~s seconded 'b~' COm~missioner Ferguson and carried ~ t~ Maybi~ Bro~nihg!'annoBn~edthat:theY wo.ald'.move :forward.to'the Conditional Use/Site I~lan, Commissioner Fisher asked what the clearance was at the drive-thru. Scott Barber said that the c~earance bar:is for the drive-thru.' Vice Mayor weil~nd commented that he was gladthat the sit-down reStaurant is not open 24 hours a day Since that will reduce the traffic. Mayor Broening said that all issues that he had questions on have been answered. He was glad the project came to the C ty Commission w th a really well developed site plan and well deVeiopedlist' O~f cohaitions. He said that the City and this whole country depend on a business coming in and taking a calculated risk. Krispy Kreme is coming in and not asking for any incentiveS, He is appreciative ~t~hat they have this opportunity to improve our City. Motion Commissioner Ferguson moved to approve the Conditional Use/Site Plan with the following conditions added: 1. Close the pedestrian walk-thru in the rear (north) wall. 2. Relocate the drive-thru speaker to just north of the loading area. 3. Remove the sidewalk along the south property line and enhance with mature landscape materials. 4. Petitioner to provide to staff appropriate lighting that is of a design not to provide any light pollution to adjoining property. Motion was seconded by Commissioner Rsher and carried 4 to i with Commissioner McCray dissenting. 16 MeeUng Minutes Regular City Cpmmission Bo~ntgn Beach: Florida ,3an#~rv2. 2002 Project: Mobil on the Run Agent: Anna Cottrell Owner: . Mobil Oil Corporation L6cat on. , 2605,W. Woolbright Road Description: Request for conditional use/site plan approval for major modifications to an existing gasoline-dispensing establishment to include a new 2,800 square foot building, an accessory car wash, an increase from 8 fueling posiUons to 12 fueling positions, and related site improvements on 0.879 acres. Anna Cottrel~, planner and agent for the applicant, said that they agree with ail staff and Planning the sign height. The Planning & Development Board of the sign. They have a ready gene from a. pole to a thought there may be a visibi!iW I base, the bottom of it monument base of 6 feet, for a total of 11 feet. and that concerns ng 4to 2 feet. ~ a 3 foot high ;ign base on a Motion Commissioner Ferguson moved to approve with the proviso that the sign height be no more than 11 feet and the hedge remain at 4 feet. Vice Mayor Weiland seconded the motion that carried unanimously, Conveying title to the property located at 1451 NWL~ Court to Doyle Waters ir exchange for the property located at 210 NW Z3m Avenue ,a,.nd authorizing execution of the deed (~Ro~o$~D R~SOZOIXON NO. RO-~ 336) (7'ABZ£D TO 3ANUAR Y 2~ 2002) Motion Commissioner McCray moved to approve proposed Resolution No. R01-336. Ferguson seconded the motiOn that carded unanimously. Commissioner ]:X. FUTURE AGENDA I'TEMS: A. Moclificafion to City Pay Plan - Sa ary Ranges (January 15, 2002) B. Traffic Calming and Traffic Control Final Report (3anuary 15, 2002) Review of Proposed Amendment to Development Agreement - Marina Project (3a~nuary 15, 2002) D. Stormwater Projects Report (3anuary 15, 2002) Ordinance on First Reading designating a "quiet pavilion" at Boat Club Park (]anuary ZS, 2002) 17 MeeUng Mi Update on Mangrove High School Restoration (3anuary 15, 2002) the Degetopment Review Process with respect ' ' 2 H. FRA Whistle Ban - Report (March 200, )- Delayed due to Federal Railway :Administration Delay inRulemakiag · :!current regu!aUons requdng shade therefore,~ subject to building codes XZZ. LEGAL: A. Ordinances - 2nd Reading - PUBLIC ,HEARING Proposed Ordinance No. 01-64 Commission Re: Establishing an Arts City Attorney cherof read proposed Ordinance No. 01-64 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 01-64, Motion was seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried unanimously. 4 Proposed Ordinance No. 01-65 Re: Amending Chapter 6. Cemeteries, Section 6-18(a)(2), to provide for 50% of the original purchase price of a crypt or niche after interment, resale or transfer of ownership to the ab/of Boynton 8each City Attorney Cherof read proposed Ordinance No. 01-65 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 01-65, Motion was seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried unanimously. 3. proposed Ordinance No. O1-66 Re: Modifications to City Purchase and Contract Award Policies 18 MeeUng Minutes Regular City Commission B°Vnt°n Be~ach, Florida 3anuarv2,2002 City Attorney Cherof read proposed Ordinance No. 01-66 by title only. City Manager Bressner said that there were two dra~c ordinances in the package. He recommended option 1, which Would provide for the Manager ~to have the purchasing authorization delegated to the Acting City Manager in the absence of the City Manager. However, monthly reports would be provided listing purchase orders approved by either the City Manager or Acting City Mahager. Commissioner Rsher was not:comfortab!e in allowing someone other than the City Manager to sign checks for $75,000 sincelthe ¢ommiss. ion .had no authority over anyone else. City Manager 8ressn~.r said ,that under the Council/Manager.form .el government, he is acCountable for the' actions of his staff. ' ~, Motion Commissioner McCray moved to approve proposed Ordinance No. 01-66, option 1. Motion was seconded by Commissioner Ferguson. Vice Mayor Weiland said he was opposed to this but not because he has any distrust with the people. He feels that the comm~sion is here to create a checks and balance system. He said that this is supposed to streamline City business; however, he has not heard of anything being held up so he does not understand the urgency. Mayor Broening said that the presidents of corporations have the authority to delegate. Because of inflation, the amount of contracts is much greater than a few years ago. Even if business is held up for a week ~or two, that is slowing down business. He said that slick operations run efficienUy and he does not think it is an appropriate task for the Commission to loOk at every nickel and dime. The City has checks and balances in the Finance Department and the Con'mission will be geeing mon6qty reports. Vote City Clerk Preinito called the roll and the motion passed 3 to 2 with Vice Mayor Weiland and Commissioner Rsher dissenting. Proposed'Ordinance No. 01-67 Re: Annexation of an 8.84-acre contiguous parcel to be master planned for a church campus (Calvary Chapel) City Attorney Cherof read proposed Ordinance No. 01-67 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 01-67. Commissioner Ferguson seconded the motion. City Cierk Prainito called the roll and the motion passed unanimously. 19 Meeting Minutes Regular:City Commission Bo~,,~';.O~ ~=~=~ch; Florida ]anuarv2,2002 5. Proposed Ordinance No, 0:1.-68 Re: Land Use Amendment from HR-8 (Pa m Beach County designaton)tO Moderate Density Singl~ Family Residentia (MbDR) (Ca vary Chap~i) proposed,O , . Y. . City Attorney Cherof read ' ~ rd nance No, 0:~-68 b' rte only Mgtion Commissioner McCray moved to approve proposed Ordinance No, 01~68, commissioner Fergus~n seconded the motion, Cb/ Cork prainito called the roll and the motion passed Una~imo~Siy, ' '- ~-.' '~ · ' - 6, Re: Rezoning from rig) to Planned Unit City Attorney Cherof read proposed Ordinance No, 01~69 by title only. Commissioner McCray moved to approve proposed OrdinanCe No. 0~.-69. Commissioner Ferguson seconded the motion, City Clerk Prainito called the roll and the mot]on passed unanimously. B. Ordinances - 1~ Reading None C, Resolutions: Proposed Resolution No. 02-006 Re: Declaring a six-month moratorium on development-in the M-1 zoning district along the South Congress Avenue corridor City Attorney Cherof read proposed :Resolution No. 02-006 by title only. Commissioner McCray moved to approve proposed Resolution No, 02-006. Vice Mayor Weiland seconded the motion that carded unanimously. D. Other: XlII. AD3OURNMENT: There being no further business to come before the Commission, the meeting was duly adjourned at 10:20 p.m. 2O MeeUng Minutes Regular City Commission Bovnton Beach, Florida 3anuary 2, 2002 Q~_~lerk Deputy City Clerk (3 ~pes) C_TTY OF BOYNT~BEA Vice Mayor Commissioner Com~:~n~.~ ,.......~o m m~-~iO O..~/ 2! BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in~ .~. ~n_~_ ~t~on called for I~elo~ and give to the City Clerk prior to the start of the City c°mrnissi°ntM~e~n~' r\ \ ~ / summary of Matter to beAd~ ~~~~ ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F,S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City CommiSsion Meeti.ng. _ Name Address Telephone # ~ ~ ~ - ~// Summary of Matter to be If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least tWenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the info~uation called for below and give to the Cit-, Clerk Telephone, Summary of Matter to be Addressed - {One topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furn/sh appropriate aux/1/ary aids and services where necessary to afford an individual with a disability an equal opportunit~ to participate in and enjoy the benefits of a service, program, or activ/ty conducted by the City Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonabl accom your request, y modate BOYNTON BEACH cITY COMMISSION MEETING PUBLIC COMMENT cARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meet/nE. Telephone, ~'~ ?'~ 0 X ,\ j. Agenda# ~f, C Summary of Matter to be Addressed - (~ top1e pel~ cardI If a person a~-ide$ to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessaxy to afford an individual with a disability an equal opportunity t° participate in and enjoy the benefits of a service, program, or activity conducted by thc City. Please contact Joyce Costefio, (561] 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and g/vt to the City Clerk pr/or to the start of the City Commission Meeting. Address ~"-~ Telephone#. ~ [~ /. Agenda Summary of Matter to be Ad~ssed~(One topic per card) If a person d~rla~ to appeal any decis/on made by the City Commission w/th respect to any matter considered at this meeting, he/she w/ll need a record of the proceed/rigs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings /s made, wh/ch record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The ~ity. s~h~ll furn!s.h app.r, opriato aux/liary aids and services where necessary to afford a~ individual with a opportum~y ~o l~arttc~pate In and enjoy the benefits of a sel~ice ........ ~ .... d/sabllity an equal Costello, {561} 742-6013 at least twenty fo,,- ~-- ~=i~ ~ ,~ , ~-~s ........ a.c.~vl.~y conaucted by the City. Please contact Jo ce your request -' ...... ~ r ........ e program or act~wty m order for the city to reasonably accommo~Yate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City~k prior to the start of Commission Meeting. / Address .~6 ~f[x] ~ ~/~fL//~(](/~ Telephone # ?,~- ~ ~ ~ / the City A~enda# ~ {~ ~ Summary of Matter to be - (One topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she Will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate aux/iLary aids and services where necessary to afford all /ndividual with a d/sability an equal opportunity to part/cipate in and enjoy the benefits of a serwce, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561} 7424i013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Address Telephone # Summary of Matter to be Addressed -~ic Fill in the information called for below and give to the City Clerk prior to t~start of the City Commission Meeting. / per card} Ifa person decides to appeal any dec/sion made by the City Commission with respect to any matter considered at th/s meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) oTph;rtCiut~ni~;o~ lur~icS~ a~P P.rm° Pa~dt .... e ~.ll~.illar~ aids and semces where necessary to afford an individual with a disability an equal 1' P enjoy the benefits of a sexvice, proKram, or activity conducted by the City. Please contact Joyce Costello, {561) 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~f.~,%~c~ ~'-~ / Address Telephone # ~£~ t~?§~ ~-~3~.~ /f Summary of Matter to be Addressed -~e topic A~enda # ~ ~ ~ ^ ~ ~ per card) If a p,,~n decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedinEs and, for such purpose, he/she may need to erasure that a verbatim record of the proceedings:is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) ' The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro§rare, or activity conducted by the City. Please contact Joyce Costello, [561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request, BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission %ting. Name ~/~ ~ Address Telephone # Summary of Matter to be Addressed - {O~pic per Agenda # card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxilisry aids and services where necessary to afford an individual with a disability an equal opportunity to part/cipate hi and ~njoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenly~four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD ~ AGENDA ITEMS Fin in the. inform.a, tion c~ed for below and give to the City C~rior to the start of the City Commission Meeti~ng.~ Name /~'~/~ ~ iff ~' ~j Agenda 4/ _./~Y~C If a person decides to'peal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is Address Telephone # Summary of Matter to made~ which record includes the test/mony and evidence upon which the appeal is to be based. {F.S. 285.0105) The City shat1 furnish appropriate avxllia~y aids and se~ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a semce, pro,ram, or activity conducted by the City. Please contact Joyce Costello. {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge PtD Lots 9 - 12 APPLICANT'S AGENT: Winston Lee / Winston Lee & Associates APPLICANT'S ADDRESS: 4150 SW 28th Way Ft Lauderdale. FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2~ 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCAT!~.N_OF P_RO_P_.ER~TY: High Ridge PID Lots 9 - 12 DRAWING(S): SEE EXHIBtT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and' recommendation of the Planning and Development Board. which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2, The Applicant ~._ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby 2(' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: EXHIBIT "C" Conditions of Approval Project name: High Ridge PID Lots 9-12 File number: NWSP 01-014 Reference: 2~ review plans identified as New Site Plans with a November 27, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. The site plan and.master plan design documents shall adhere to Chapter 9 of the X Code of Ordinances of the City of Boynton Beach entitled "F/re Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 1997 edition, and NFPA 101, Life Safety Code, 1997 edition. POLICE Cnmments: None X ENGINEERING DIVISION Cnmment8: 2. Include pollution retardant baffles for water quality for the truck ramp drainage. X Provide details at the time of permitting. 3. Provide data of underground soil conditions at the time of permitting (LDR, X Chapter 6, Article IV, Section 9). 4. Provide an irrigation plan in conformance with the LDR at the time of permitting X (Chapter 7.5, Article II, Section 5). 5. Existing overhead and underground Florida Power & Light (FPL) easements, as X shown on the existing record plat l~ave not been addressed on the site plan. ProvSde vacation statement at permitting. 'onditions of Approval DEPARTMENTS INCLUDE REJECT 6. Relocate catch basin inlets from the property line to the west 5 feet- 10 inches. X This shall be verified at the time of permitting. 7. The proposed master plan is a reconfiguration of a portion of an ex/sting record X plat. The existing cul-de-sac of the pubhc road~vay will be relocated, which requires a re-platting of this portion of the record plat. Although the Miner Road tract (Tract S~2), as shown on the existing record plat, has been abandoned by ordinance of the City Commission, it must be shown on the proposed new record plat and like,vise with the vacation statement. 8. The relocated cul-de-sac shall be private (or maintenance responsibility X purposes) but be shown on the proposed record plat as a roadway and utility easement to support the ex/sting utilities lying within same. The water main traversing south from the new cul-de-sac and reconnecting back into the existing water main at the southeast comer of the property shall dedicated to the city for utihty purposes. Al! other water mains shall remain private. 9. On the wastewater system, a new sanitary manhole shall be constructed in the X centerline of the roadway at the new property line to delineate where public maintenance responsibility ends and private maintenance responsibility begins. 10. On the storm water issue, relocate the proposed inlets located in the cul-de-sac X curbing to the west to remove them from traffic pounding, or reconfigure the location as a type suitable to valley curbing and keep them within larger curbing radius. BUILDING DIVISION Comments: 11. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed ~vith legal descriptions of each property that is being unified are required to be submitted to process the form. The property owner that is identified on each deed shall match. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. At time of permit review, submit a copy of the recorded resolution that verifies X the abandonment / replat of the alley, right-of-way or easement. 14. At time of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION X Comments: None DEPARTMENTS INCLUDE REJECT FORESTERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 15. Correct the site plan tabular data to indicate that 156 parking spaces are required X rather than 98 parking spaces. This figure is based on one (1) space per 500 square feet o£gross floor area. Changethe excess parking figure accordingly. In addition, eliminate the words "Warehouse" and use the formula "1 per 500 square feel' under Gross Building Area in the tabular data. 16. All above ground mechanical equipment such as exterior utility boxes, meters, X and transformers shall be visually screened with appropriate landscaping/hedge material. (Chapter 9, Section 10.C.4.). 7he backflow preventer skall be painted to match the principal structure. 17. Identify and label the ddmeusion for the sign face area for both the PID project X Identification sigu along Interstate 95 and the monument sign at the project entrance. 18. The maximum allowable wall signage area shall not exceed 664.41 square feet. X 19. The erection ora second monument sign and its location inside the required 25- X foot PID perimeter buffer is subject to the approval of the Master Plan Modification. 20. The maximum vertical height of the wall sign letters shall not exceed three and X one-half (3 ½) feet unless approved via the PID sign program changes sought in the Master Plan Modification. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 21. Pursuant to staff recommendation, comments #11 and #15 are elinfinated. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 22. To be determflted. ~OCh~- ~ J:\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12\NWSP 2001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY oF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: High Ridge PID Joni Brinkman 1532 Old Okeechobee Road DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: High Ridge Road an<: Miner Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. X THIS MA'II'ER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT eStablished by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported bY substantial competent evidence are as set forth on EXhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: J:\SHRDATA\Plannir Clerk }.Order High Ridge PID Use approval.doc EXHIBIT "D" Conditions of Approval (REVISED) Project name: High Ridge PID File number: USAP 01-004 (Use Approval) Reference: Request to develop lots 9 through 12 as an Office/Industrial project in High Ridge Commerce Park PID. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Omit references to "Lots 9-12" in title; list shall apply to entire master plan. X ~,onditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND ZONING Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~11.~ ~ L/t To be determined. J:\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12\USAP 200'i\Condition of Approval High Ridge PID Use Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Road PID APPLICANT'S AGENT: Winston Lee / Winston Lee & Associates APPLICANT'S ADDRESS: 4150 SW 28,n Way Fort Lauderdale, FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Modification to the High Ridge PID Master Plan to revise the Sign Program. relocate the existing cul-de-sac to the west by 95 feet, and combine Lots 9 through 12 into one unified development parcel. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "A and B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 2~. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant'S application for relief is hereby ~" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: \\C H\MAIN\SH RDATA\PLannin g\SHARE D\W P\PRO J EgTS\High Ridge PID Clerk EXHIBIT "C" Conditions of Approval Project name: High Ridge Master Plan Modification File number: MPMD 01-004 Reference: 2na review plans identified as Master Plan Modification. File# MPMD 01-004 with a November 27. 2001 Planning and Zordng date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC ~WORKS- General Comments: None X PUBLIC WORKS- Traffic Commems: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORES TER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval DEPARTMENTS INCLUDE REJECT 1. Obtain a sign easement from the propcu~ owner of Lot 1 for the proposed X P1D Identification Sign. 2. The PID Identification Sign proposed on Lot 10 of the subject property must X obtain and be located within an area designated as a sign easement area. 3. The maintenance of the relocated cul-de-sac shall be the responsibility of the X property owner of Lots 9 though 12. 4. Indicate the area of the PID identification sign wh/ch is to be located near X High Ridge Road, 5. On the Master Plan, differentiate between the road (right-of-way) and that X portion (cul-de-sac) proposed as the access easement. ADDITIONAL PLANNING AND DEVELOPIV[ENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~1[_o ~ (~tllZ) XCH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge PID Revised Master Plan Master Signage\CO.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Medical Building APPLICANT'S AGENT: Steven Utrecht, P.A. APPLICANT'S ADDRESS: 2295 Corporate Drive Suite 21'i Boca Raton, FL. 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Wooibdght Road & 22"° Street DRAWING(S): SEE EXHIBIT "D" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. TheApplicant )('HAS HAS NOT established by substantial competent evidence a basis for the reIief requested The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby t~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shalI take effect immediately upon ~ssuance by the City Clerk. 6. All further development on the prope~,,y shall be made in accordance with the terms and conditions of this order. -,x~\~t~'I~z,- . ~ > ~-~4~..~..~.~l~rk ' S:~PlanningXSHAREDXWPXPROJEGTSXWoolbright Medici B~n)X~-002XDevelop. Order Fo~-2001-Rev[sed,doc EXHIBIT "D" Conditions of Approval Project name: Woolbright Medical Building File number: SPTE 01-002 Reference: Site Plan Time Extension with a Planning & Zoning date stamp marking or'October 22 2001. DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS- General Comments:None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER / ENVIRONMENTALIST Comments: None X PLANNING AND ZONTNG Comments: None X Conditions of Approval DEPARTMENTS iNCLUDE REYECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Commcmts: None X ADDITIONAL CITY COMMISSION CONDITIONS ¢ommen~s: ~ ~.~ To be determined. S;\Planning\SHARED\WP\PROJECTS\Woolbright Medical Building (Freeman)\SPTE 01:002\Condition of Approval 2 page revised 2001 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Krispy Kreme APPLICANT'S AGENT: Scott Barber of Gee & Jenson pz.z, APPLICANT'S ADDRESS: 4225 Genesee Street Buffalo, New York 14225 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Conditional Use l New Site Plan LOCATION OF PROPERTY: Northwest 1st Avenue (between NW l~Avenue and Boynton Beach Boulevard (SR804) east of NW 7th Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach. Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirementS of the City's Land Development Regulations. 2. The Applicant ~(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for develOpment requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the prope .r~. shall be made in accordance with the terms and conditions of this order. DATED: I--~-0~ ~ ~~~. ~,~ ~C H~MAI N~S H R DATA,Pla n hinges HARE D~W P~P RO J E CTS~ ri~;g,~DO.d o~ EXHIBIT "C" Conditions of Approval Project name: Krispy Kreme File number: COUS 01-005 Reference: 2~a Review plans identified as COUS 01-005 with a November 5, 2001 Planning & Zoning stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments 1. Fire flow calculation will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chapter 6, Article IV Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(a)). · 2. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for tiffs X project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. FIRE Comments: 3. A fire hydrant flow test is required prior to construction (City Ord. 9-3F). X 4. Fire hydrants shall be no more that 300 feet apart and the remotest part of any X structure siiall be no more that 200 feet from a hydrant. Cormections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements a fire flow of 1500 g.p.m, at a residual pressure of not less that 20 p.s.i, is required (LDR Chapter 6, Section 16). POLICE Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT ENGINEERING DMSION Cnmments: 5. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be 6 inches thick with/n driveways (LDR, Chapter 23, Article II, Section P). 6. Provide an irrigation plan in conformance with the LDR Chapter 7.5, Article X II, Section 5. BUILDING DMSION Comments: 7. At time of permit review, provide a completed and executed City Unity of X Title form. The form shall descr/be all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The propca'ty owner that is identified on each deed shall match. 8. At the time of permit review, submit signed and sealed working drawings of X the proposed construction. 9. To properly determine the impact fees that will be assessed for the project, X identify on the site plan if the restaurant is a high quality, eat-in high mm over, or fast food with drive-through type of restaurant. Also, identify on the site plan the number of new seats and the total number of seats provided. On the floor plan, chronologically number all seats including those seats that are around the bar. 10. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Cnmments: 11. Submit detailed irrigation plans for right-of-way landscape and site work X improvements during the construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of- way. FORESTER/ENVIRONMENTALIST Comments: DEPARTMENTS INCLUDE REJECT 12. The applicant must provide a tree tabulation indicating the quantity of X desirable existing trees which will be preserved, relocated or removed / replaced on the site. This tree tabulation should be correlated and the trees shown on page L-1. PLANNING AND ZONING Comments: 13. The site plan must idc~ntify the correct Future Land Use designations as X defined by the City's Comprehensive Plan for the adjacent propc:'rties. 14. Staff recommends that the audio component of the menu board related to the X drive through facility project sound to the west as to not create a potential disturbance to the residential neighborhood. 15. The maximum building height in the C-2 zoning district is 25 feet. The top X of the roof of the tower is 26 feet 6 inches. Either reduce the top of the tower by one and one-half (1 ½) feet or request a height exception pursuant to Chapter 2, Section 4.H. 16. Include a color rendering of all elevations prior to the Planning & X Development Board meeting (Chapter 4, Section 7.D.2.). 17. Submit a color sample / s~vatch of all major exterior finishes. Each sample X and / or elevation shall include the manufacturer's name and color code (Chapter 4, Section 7.D. 1.). 18. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10.C.4.). The backflow preventer shall be painted to match the principle structure. 19. The dumpster enclosure and masomy wall shall resemble with respect to the X color and materials, the design of the principal building. Include a wall detail to confirm similar architectural elements and integration with other site elements (Chapter 9, Section 10.E.3.). 20. The Palm Beach Coonty Traffic Division suggested that the City review X traffic operations at the project access driveway, with emphasis on left-turns in and out of the site because the forecasted peak hour volumes indicate the need for provision of a westbound left-turn lane on Boynton Beach Boulevard onto the site. Prior to the issuance of a City building permit, tl:fis project must obtain Palm Beach County Traffic Division approval with regard to the westbound left-turn lane onto the subject property. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 21. None X Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Commcmts: ~ 22. Eliminate pedestrian passage through rear property thereby providing a X continuous buffer wall along South property line. 23. Site hghting fixtures shall be of a type and height to prevent spillage into X adjacent residential area. Provide hghting details including photometric to confirm same. 24. Move speaker/menu board back along stacking path so that distance betwecm X residential areas is maxim/zed and speaker orientation is away from residc~ntial neighborhood yet providing sufficient stacking space. 25. Eliminate from plan, sidewalk along rear (South) property line and replace X with additional landscaping (trees, hedge, ground covar, etc.) to provide additional landscaping to meet at minimum the barrier landscape section of the Landscape Code, Chapter 7.5, Article 11, Section 3B, 3b. p.8, to the satisfaction of staff. Request sidewalk waive. Applicant shall request from Engineering, pm-mits for landscaping to be provided in right-of-way to be installed and maintained by applicant. \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\krispy kreme\COUS\Condition of Approval 2 page revised 2001 form.doc EXHIBIT "B" O© EXHIBIT "B" ~Y KFIEME EXHIBIT "B" II BIT: "B" tit{ t!l I EXHIBIT "B" IC~5 F'Y KAEME BOYNTON EEA~H BLVb. BOYNTON BEACH, FLA> EXHIBIT "B" BOYNTON BEACI.-1 ~..Vb. BO'/NTON ~ACH. FLOI~DA EX --II BIT "B" KP. ISPY K~EME ~OYNTON BEACH BLVD. BOYNTON BEACH, FL. OP,~DA EXHIBIT "B" r t I KI~ISPY KREME EXHIBIT "B" EXHIBIT "B" I Fo Ii~i'~;; KRISPY KFIEME !! B !1 EXHIBIT "B" ( KI~SP¥ KfiEIL4E DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil APPLICANT'S AGENT: Anna S. Cottrel] APPLICANT'S ADDRESS: PO Box 290 Dallas, TX 75221 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site PIan LOCATION OF PROPERTY: 2605 West Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER camo before the City Commission of the City of Boynton Beach Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2. The Applicant 'X' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Clerk EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Mobil Woolbright & Con~ess File number: COUS 01-006 Reference: 2~d review plans with a December 4, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X · FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. Place a note on the elevation view drawings indicating that the wall openings and X wall construction comply with Table 600 of the 1997 edition of the Standard Building Code. 2. At time of permit review, subm/t signed and sealed working drawings of the X proposed construction. 3. At t/me of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION Comments: 4. Submit detailed irrigation plans for right-of-way landscape and sitework X improvements during the construction document permittiug stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comments: Conditions of Approval DEPARTMENTS INCLUDE ILEJECT 5. The applicant must prov/de a tree tabulation indicating the quantity of desirable X existing trees which will be preserved, relocated or removed/replaced on the site. This tree tabulation should be correlated and the trees shown on page LA1. PLANNING AND ZONI2NG Comments: 6. This project will be required to obtain an Environmental Review Permit before the X issuance of an occupational license. 7. As shown on the elevations, the canopy ~ight bulbs will be recessed and not be X vis~le from the sides. 8. Pursuant to Variance Case Number 236, the note on the site plan referencing said X variance should ind/cate that the driveway will be mininmm 64 feet, not 54 feet from the intersecting rights-of-way lines. 9. As shown on the site plan, the monument sign shall be a maximum I2 feet overall X height and indicat6 the property address. 10. All above ground mechanical equipment such as exterior utility boxes, meters, and X transformers, slmll be visually screened. The back-flow preventer shall be painted to match the color of the building (Chapter 9, Section 10.C.4.). 11. The proposed Ixora hedges located in the landscape buffers adjacent to Woolbrig~t X Road and Congress Avenue hghts-of-way shall be a mtn/mum of 24 inches in height, 24 inches hi spread and planted with tip-to-tip spacing immediately after planting. The hedge shallbe mahitained at four (4) feet (Chapter 7.5, Article 1I, Section 5.D.). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 12. Change Condition #9 to read: The monument sign shall have a three (3) foot masonry X base plus five (5) feet of sign area for a total height of eight (8) feet. Hedges planted at the base of the sign shall be mahitained at a height of two (2) feet. 13. Include a two (2) foot w/de landscape strip around the foundation of the building on X the east side (Congress Avenue) and south side (Woolbright Road). ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~ 14. Change Condition #9 and #12 to read: The monument sign shall have an overall X height not to exceed eleven (11) feet. Hedges planted at the base of the sign shall be maintained at a height of four (4) feet. J:\SHRDATA Planning\SHARED\WP~F~ROJECTS\Mobii Woolbfight & Congress 2001\COA.doc z otTl '--t ~2 ,5000 pc3, SGS {XHIBIT "B" EXHIBIT "B" EXHIBIT "B" L) ;:: ,, EXHIBI' ii! ,,,ii, Il! ~,, ,.¢, ,{ i~{i !?l;:l l{~t !?fill! I,I EXHIBIT "B" Layout1 1!'29/2001 05:5~:25 PM, vrb_hpS000.pc3, SGS :1 ~8I$01 ~..\DD L.\NDSJC.\P 5800Ia1 dwa Layout 1I '30 80£ 01~.18:38 ,\M vrb_hpS000.pe3. SGS EXHIBIT "B" {ii EXHIBIT "B" I. J ,, lilJi i lj if, ii!,, EXHIBIT "B" EXHIBIT "B" EXHIBIT "B? EXHIBIT "B" __REGARDING KRISPy KREME COURT ~EPORTERS ESQUIRE' Maureen Kobylarz. RPR 515 North Fla§ler Drive Northbridge Cenlre Pavilion, 2nd Floor v0 Palm Beach, FL 33401 800.330.6952 $61 659.4155 Certified Shorth~rter Notary Susan Fannon, CSR 49 Chapel Court Ph: (561) 741-3946 Tequesta, FL 33469 Cell: (561)385-9143 PETITION AGAINST PROPOSED LAND USE AMENDMENT AND P~ ~ZONING We the undersigfi~d,~6i~e'our opposition to the CITY OF BOYNTON for the propo~sed ! ~nd Use Amendment and Rezoning at 633 Northwest 1~ Avenue, Boynton Beach, Florida (between NW 1~ Avenue and Boynton Beach Boulevard approximately 1,500 feet east ofNW 7~ Street) for the projecl known as Krispy Kreme submitted by Dynamic Doughnuts of Florida, Inc. Below are reasons for our opposition which justify that the property is suitable only for residential designation: The proposed commercial land use amendment/rezoning is not consistent with the current residential use for the existing house that is in good condition. We believe the residential designation, rather than commercial designation is better for our neighborhood. The proposed commercial land use amendment/rezoning will grant the current property owners and Krispy Kreme special privileges. Changing the land use/zoning designations and enj0~ two non-i-elated properties together wilt nearly double the value of each individual property, in spite that nearby property owners may experience a decrease in value of their property. Kfispy Kr~me will be granted the special privtlnge to use two unrelated~properties, one currently residential, for an intensive commercial development, rather than the less intensive existing residence. The proposed land use amendment/rezoning is not desirable or harmonious to the nearby residential neighborhood. Krispy Kreme is a highlyintensive eotm,ercisl use that will operate lateat night and early inthe morning. In addition to other negnfive impacts, Kxispy Kreme will generate substantial disruptive noise to nearby homes late at night and early in the morning. In contrast, the current occupants of the existing residence are not disruptive, and do r~ot and wilt not negatively impact the nearby homes. 4. We believe the proposed land use amendmant/rezoning will negatively affect the or'rent and future property values of adjacent and nearby homes. 5. The carrem residential property developed under the existing land use/zoning designation and is in good repair and physical shape and is well maintained. There is no need to change the land use/zoning designations since the current use is the best use of the property for the existing neighborhood. 6. There are other adequate sites in the City that can accbmmodate a Krisgy Kreme without this land use amendment/rezoning. Therefore, Faispy Krenie will not experience an undu~ hardship if not approved. 7. If the land use amendment/rezoning is approved, the current house that is Fell maintained and in good repair will be required to tom down since it will not be compatible with the newly approved comprehensive plan_ There is no absolute guarantee that Krispy Kreme will build on this property. Shoul{ something happen whereby Kfispy Kreme does not build, the existing house ~ be required to be tom down and nearby property owners will perpetually live with the'" commercial land use amendment/zoning designation. 8. The individual properties involved in this application by their own are suitable for development with their current designations and the current land use/zoning designations are more desirable for the adjacent and nearby property owners than the proposed designations. I NAME ADDRESS SIGNATURE NAME ADDRESS SIGNATURE 22. NAME ADDRESS --{~ ~)~,,qb;~ SIGNA NAME ADDRESS SIGNATURE / /c.:~_., ' <3'- ,.--,62. d9 ~/.7 63. 64¸ ,7? A,'. O &/.~.- D/ _ 81/82/2882 03:21 5~IC ENTERPRISES __KRISPY KR~M~ - F.~IBIT 2 Janua~/2,2002 TJ~e City a~ ~oynton Z;each, Florida I OO E. Beynton aear.~ gOUleverd P.O. ~ox 310 Beach. Florida 33425 In the fall of 2000 Dynam~ Dor,~Jhnuts, ~g.- opened a Kdspy ffreme Doughnut e~terpr~e a;~ Niagara Falls Bo~evsrd In ~ Town of Tonawanda. In the planning stages fo~ the buE~Fng and ~ opening of this thriving bus/ness, 1 w~rked very rJese/y with Mr. James cosenb'no. President of Dynamlc Dou~hnufs, /nc., and IWr, Christopher D'Ange/o his V/ce P~e~ident and Ceunsel, ff~'r Kri~y Kz~e Dough~t ~=~se be a ~a~ bus. ess ~t~ was ob~o~. A~ no ~. to ~ct ~a~y on ~e ~= flow ~ the ing~ss and eEmss of ~dr ~y. ~ey w~k~ v~ ~se~ ~ my ~e~ ~ ~su~ ~e safety end e~ent ~a~ of both ~;hi~a~p~anfraffJc. ~ey~sugg~Eons~i~ad~'~ls~Y Since t~e g~and oper~g they have been 9~eat ne~hbor~ to s~u~i~ s~ ~d ~=M~ a~ ~ ~amp~ many ~ ~ e~ for /~ ~hools ~d A~ e g~pa~Tment we ha~e not had to add. ss any ~/a~a fzom a~a~n~ bu~s h~ ~o~ conch. In short IV[r. Co~entiflo and Mr. D'Angela ere t.xe profeesionals i~ ~ field, / l:m~ieve tf~elz b~,'il~,~ WE/IN; a very welcome ;doth'on to your ¢ommulHty. Samuel M, Palmiere Cl/Eef of Po/ice ' ~ go: Mn James Co~entino TO"RLP. 02 ---KRISPY KP~F2~EXHI~IT 3 ---ANSWERS TO COMPARISON OF IMPACTS __ 1) What is the comparison of the potential square footage of number and type of dWelling un ts under the existing zoning with that which should be allowed under the proposed zoning or development? It is difficult to specifically compare the potential square foot of the number and types of dwelling units under the existing zoning with that which would be allowed under the proposed zoning and development since ,the requested change is from a residential zoning to a commercJel zoning. However, under the R-2 classification, 9;68 dwelling units are.permitted per acre. Underthe C-2 zoning designation, the gross floor area must be less than 5,000 square feet. If you assume that an ~Verage dwelling unit i~~ 1,500 square feet, the buildable area as a result of this zoning Change is significantly reduced. Page 1 of 3 *~,~S~/E~RS TO COMPARISON OF IMPACTS (Continued) 2) What uses would be allowed in the proposed zoning or development and what particular uses would be excluded? C-2 commercial is not the City's most intense commercial zone. For instance, it allows restaurants, flower shops, bookstores and jewelry stores. Such things that would be excluded would be firearms, fireworks and the sale of a/coho/other than beer or wine. The applicant hasno intentions whatsoever to use the property for any use which would be excluded. Page 2 of 3 ~ANSWERS TO COMPARISON OF IMPACTS (Continued) __ 3) What is the proposed timing and phasing of the development?. Thedevelopmentis~onlyonephase Therestaurantwouldbeconstructedwithinsix (6) months of the issuance of a building permit O:\Krik002~Answers to Comparison of tmpac~s.wod Page 3 of 3 KRISPY ~ - EXHIBIT 4 ANSWERS TO JUSTIFICATION STATEMENT __ 1) Is the proposed land use amendment/rezoning 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). Yes, the proposed land use amendment/rezoning is consistent with the applicable comprehensive plan policies. For instance, Objective 6.2 of the Housing Element states that all substandard housing shall be eliminated. The residential housing ; falls into this ~. 16. be less will meet these ~ ,1.17.1 of the Use map except where access least. That is precisely the he Future Land Use demand for the future land use element. Page 1 of 8 ANSWERS TO JUSTIFICATION STATEMENT [Continued) 2) Is the proposed land use amendment/rezoning contrary to the established land use pattern, or would it create an isolated district unrelated to adjacent and nearby districts or constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare? No, the proposed land use amendment/rezoning is not contrary to the established land use pattern and it would not create an isolated district unrelated to adjacen~ and nearby districts or constitute a grant of specialprivilege to an individual ~)roperty owner To the comrary, this merely rationalizes a commercial district on a main theroughfa~e and eliminates a small.po~on of residential zoning property whichj because of the proximity of the 1-95 exit, would only encourage substandard housing utilization. Page 2 of 8 A~N~/ER's TO JUSTIFICATION STATEMENT (Continued) 3) Do changed or changing conditions make the proposed land use amendmentJrezoning desirable? Yes, changing conditions make it desirable for this area to be zoned commercial For example, the area does not currently meet objective 1.22 of the Future Land Use Element because this community is not defined by a series of walkable neighborhoods with a clearly defined center and .edge. Changing the frontage along BOynton Beach Boulevard tO commercial will bette~ insulate the remaining neighborhood and with appropriate siteplan attention, willprovide a definite sense of neighborhood to the area. Page 3 of 8 ANSWERS TO JUSTIFICATION STATEMENT (Continued) 4) Is the proposed land use amendment/rezoning compatible with utility systems. roadways and other public facilities? Yes, the proposed land use amendment/rezoning is compatible with the utility systems, roadways and other public facilities. This area is already utilizing city services and no greater matedal burden is expected by conversion from residential to commercial. Page 4 of 8 ANSWERS TO JUSTIFICATION STATEMENT (Continued) 5) Is the proposed land use amendment/rezoning compatible with the current and future use of adjacent and nearby properties or would it affect the property values of adjacent and nearby properties? Yes, the proposed land use amendment/rezoning /s compatible with the current and future use of adjacent and nearby properties as the property is generally surrounded by commercial zoning designed local retail on the Future Land Use map. The pi'operty values of the adjadent and nearby properties would be stabilized as a result of this rezoning because: (i) there would be a definite border to the residential area; (ii) substandard housing would be eliminated; and (iii) there would be improved landscaping and a more aesthetically pleasing building than currently on the property. Page 5 of 8 ANSWERS TO JUSTIFICATION STATEMENT (Continued) 6) Is the property physically and economically developable under the existing land use designation/zoning? No, the property is not physically and economically developable under the existing land use desig/]ation/zoning. It is too small to be put to use fora major residential community. It would only support a small isolated rental project within an area of high traffic and major highway arterials which would be neglected over a period of time. Page 6 of 8 A~N-~VE~RS TO JUSTIFICATION STATEMENT [Continued) 7) Is the proposed land use amendmentJrezoning of a scale that is reasonably related to the needs of the neighborhood and the City as a whole? Yes, the proposed land use amendment/rezoning is reasonably related to the needs of the neighborhood and the City as a whole. The rezoning is only for. 62 acres of land. /t is onlyforthe purpose of rationalizing an already existing commercial zone. /t has no major impacts. Page 7 of 8 ANSWERS TO JUSTIFICATION STATEMENT (Continued) __ 8) Are there adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed? Yes, there are other sites zoned for this use, but none are available to the applicant. As to the adequacy of these sites, we can make no comment since parking, drainage, ingress and egress and other site specific issues must be addressed on a case-by-case basis. O:\Krik002~Answers to Justification Staternent.wpd Page 8 of 8 / \ o~,~ g § ~o~ 8 ~ o ~ ~ ° o o ~ o~ o~ o~ §~° ooo KP-EME - EXHIBIT 6 TABLE OF CONTENT.~ Comprehensive Plan Future Land Use Support Document .................... I Policy 1.22.1 of the Future Land Use Element .............................. 2 Zoning Map ......................................................... 3 Letter I~rom Chief of Police of the Town of Tonawanda 4 O:\Kdk00~Table of Contents2.wpd Accordingto-..the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended. "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 shown on the Land Use Plan, except for minor boundary adjustments, small inflll parcels, or commercial uSes of a highly specialized nature, which have special lOcation orsite r~equi,rements, and therefore. cannot~, be easily accommOdated o n al ready designated commercial ar~eas." -~--~.-* .... Policy 1.22.1 The Comm unity shall be defined by a series of walkable neighborhoods. The neighborhoods shall have a clearly defined center an d edge. The distance between the two should be no more than a five-rninute walk. Streets shall be laid out as networks. Each street shall be functional and safe-for both the car and the pedestrian/bicyclist. 81/82/2882 83: 23. 55,14477834 DYN~,HHC F~EST~LJRANT P P~SE 82 JRN-8,~-2~ 1~:~ ~ .MIC ENT;RPRISE~ ~ 6~4 212i P.O2.'1~ IC~llmore, N~w ¥cx'k 14923-126g · '!8-q~ gheridall Ofive · (715) 876,,S300 · Fax t'?l$) ETg-B~44 I~1~ Defla~tment JanuaP/2,2002 TJ~e C~y a! ~oynton B~a~h, ~o, rida C/tV HaL Wa~t W'mg 100 E. Baynton Beao~ Boulevard P.O- 8ax 310 ~oy~;c~ Beach, Florida 33425 In the fall of 2000 Dynam~ Z~oug~nuts, Mc. ~n~ a Kd~y m~e ~ N~gam ~a ~ev~ ~ ~ Town of T~awa~a, In ~e ~a~nin¢ stages for ~e ~g~ng ~ ~ ~ of ~; ~i~n9 b~s. I w~ v~ ~os~y w~ Mr. Jam~ Ces~o, ~ af ft was e p~a;u~ in work~ ~tb 6o~ of ~e ~n. ~e~ genu[ne n~n to have ~r KEspy Kr~e Doughnut ~h~e be a ~e busin~ ~ ~ they want ~e su~s of ~dr ~ tO ~ m~ve [o ~a~ ~ey w~k~ ~ ~seJy ~ mY ~ to ~ ~e salty ~e ~ gra~ o~ ~Y ha~ ~n g~t nei~hb~ to surmu~i~ sto~ ~d n=~ ~ have ~d many ~ ~ ev~ ~ /o~l schoo~ and As · ~t we ~ ~t h~ ~ addM~ any ~a~ Samuel M. Pa/mlere Chief of Police (~ =G: M~. James Cosentk~o TO"RL P.82 KI~SPY KI~ - CITY OF BOYNTON BEAUH . AGENDA ITEM REQUEST FOR ! Requested C .ty Commission Date Fin~ Form Must be Turned Meeting- Dates in to CiW Clerk's Office EXHIBIT 7 Date Final Form Must be Turned in to Cit~ Clerk's Office [] November20.2001 [] December4. 2001 [] December 18,2001 [] Jauuary2,2002 November 7, 200l (5:00 p.m.) November 2 h 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December 19. 2001 (5:00 p.m.) [] January 15, 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Janua~ 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.~ February 6, 2002 (5:00 p.m0 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA IIEM [] Administrative [] Development Plans [] COnSent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSulshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City Commission Agenda under Public Hearing. The planning and Development Board with a 4 to 3 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached DeparUnent of Development Memorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KltlSPY KREME Scott Barber / Gee & Jenson Krispy K~eme of South Florida, LLC Between NW 1u Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7~ Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue. Requ¢~ to amend the Comprehensive Plan Futm'e Land Use Map designation on a 0.62 acre par~eI from Medium Density Residential (9.86 du/ac) to Local Retail Commercial and; to reZOne ~om Duplex Residential (R-2)r t~ Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A v Develo~n~nt [D~partment Dffector Planning and Zoinn~ Di~ctor Cit~ Attorney / Finance / Human Resources S 5PIanning~SHAKED\WPkP ROJECTSg~rispy kreme~LUARXAgenda Item Requestlga'ispy Kreme LUAR 1 o2-02.dot City Manager's Signature S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-222 TO: FROM: THROUGH: Chmrman and Members Planning and Development Bor~ar~/ Dick Hudson, senior Planner/~ Michael W. Rumpf (v~ ~/~ Director of piann}ng and Zoning DATE: December 10.2001 Project/Applicant: PROJECT DESCRIPTION Krispy Kreme of South Florida, LLC Agent: ScottBarber/Gee & Jenson, Inc. Salvador and Norma Sentmanat, Anthony Mannino, August Vultaggio, Ginseppe Vultaggio and Pietra LoPiccolo Location: Four parcels all being south of Boynton Beach Boulevard [SR804] appr0Ximately~, 1,500 feet east of ~NW. 7~ Street). Having mailing addresses of 633 NW 1 Avenue, 3015 S. Ocean Boulevard - Apartment H, 1501 NW 2"a Avenue and 3015 S. Ocean Boulevard- No. 404. West Industrial Avenue intersects with Boynten Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use AmendmentfRezoning (LUAR 01-008) Property Description: Vacant prOperty consisting of 0.36 acres classified Medium Density Resid,ential (MeDR) and z~0ned Duplex Residential (R-2), and 0..26 acres of developed prope~, containing one duPlex residential bulld/ng and classified Me~liu~h DehSi~ Re,idential a~a~d zoned Duplex Residential eR- 2). Total proper0 to be re¢lassffied and rezoned equals 0.62 acres. Proposed ehang~use: To reclassify the subject property from Medium Density Residential to Local Retail Commercial (IRC), and rezone from Duplex Residential 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 (IRC) 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. :onditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 22. To be determined. \\CH~MAIN\SH RDATA~Planning\SHARED\WP\PROJ ECTS~rispy kreme\COUS\Condifion of Approval 2 page revised 2001 form,doc Requested City Con.mission [] January 2, 2002 CITY Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December 19,2001 (5:00p.m.) KR~SP¥ KRI~IE FOR Requested City Commission Meeting Dates [] January 15. 2002 [] February 5. 2002 [] February 19. 2002 [] March 5, 2002 - EXHIBIT 8 Date Final Form Must be Turned iR to Ciw Clerk's Office January 3. 2002 (5:00 p.m.) January 16. 2002 (5:00 p.m.) February 6. 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m-) NATURE OF AGENDAITEM [] Administrative [] Developn~nt Plans [] Consent Agenda [] New Business [] Public Hearing -'] Legal [] Bids [] UnfinishedBusmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please pla~e this request on the January 2, 2002 City Co, n,uission Agenda under Public Hearing. The Planning and Development Board with a 4 to 3 vote, reconnnended that the subject request be denied For further details pertaining to the re~tuest, see attached Department of Development Memorandum No. PZ 01-263. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & Jenson Krispy Kreme of South Florida, LLC Between NW 1~ Avenue and Boynton Beach Boulevard [8R8041 approximately 1.500 feet east ofNW 7~ Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue. Request Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALiT~A~ T1VES: N/A · -- De/~el~pn~eni Department D~tor Ci~er s Si~ planning ~d ~g Dkecmr Ci~ A~o~ / Finance / H~ K~ces S:~l~ning~ ~Dk~RO~C~py ~kCOUS~g~ I~ ~qu~y ~ CO~ l-2~2.dot S:~,BULLgiTINWORMSXAOENDA ITEM REQUEST FORM.DOC DEPAKT~..BilENT O1~ DEVELOPMENT ME~O~UMNO. PZ 01- 263 TO: FROM: Chairman and Members P!~ng and Dey~lopmen~t~Bgard Lusia Galav, AICP Principal Planner DATE: November 29, 2001 SUBJECT: Kxi~,Kreme - COUS 01-005 C0i/~itioiaal Use ApproVal- Restaurant with, drive-throngh, facility PROPOSAL SUMMARY Krispy Kreme of South Florida, LLC is seeking conditional use / site plan approval for a restaurant with a drive-through facility. This conditional use proposal will also requi~e a land use / zoning change. The project intent is to raze an existing residential duplex ~Iding located on a 0.26 acre lot and to combine this residential property with a O.78-acre, cO~(~l~i~Oned prop. erty in orde.r to. co .ns .t~'uc.t a 4,680 square-foot restaurant on 1.04 total acres. This eonditlonal use and sate plan applicataon ~s oemg reviewed concurrently A restaurant, a permitted us~in~the C-2 zoning located on I~ seeking elevation) of the building, the building. It will then wrap around the. allow for adequate vehicular stacking south. L Entrances will.be tppticant is also to be Iocated to the rear (south facing southward on the west side of : rear of the building in order to drive-through window will face Applicant/Agent: Krispy Kreme of South Florida, LLC / ScOtt Barber of Gee & Jenson, Project name: Krispy Kreme General description: 4,680 square-foot restaurant with drive-through facility Property size: Currem Land use: Current Zoning: 45,470 square feet (I.04 acres) Medium Density Residential (MeDR) and Local Retail Commercial (LRC) Duplex Residential (R-2) an/[ Neighborhood Commercial (C~2) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Neighborhood Commemiat (C-2) LOCATION MAP EXHIBIT "A" 4430 1200 Feet .. ~_:...- ..... PROPERTY MAP EXHIBIT "B" ,i Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts · 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, and other public facilities. The parcels, which are the subject of this land use amendment, total 0.62 acre. Only applications involving parcels larger then one (I) acre are required to include comparisons of water demand end sewage flow estimates. The Palm Beach County Traffic Division has reviewed the traffic study for the entire project end has determined at it. meem the Traffic, Performan~ standards of Palm Beach County. The Traffic . Division Engineer recommended that the City revie. W traffic operafion~ at the project access driveway, with emphasis~on lef~-mms in and out of the site. The forecasted peak hour volumes indicate the need'for Pro3'isionlof a westbound lef~-turn land on BoYntOn Beach Boulevard onto the site. Also, adequate safety measures should be considered tO accommodate lef~-mms out of the project site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated Jenuary 6, 1999, ghat adequate capacity exists to acootmt~odate the county's municipalities t~oughout the 10- year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, at which time complience with all reqmrements of the city end local drainage permitting authorities must be demonstrated. Whether the proposed rezoning would be compatible with the current and future 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 end lendscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen eny 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 eny beneficial commercial development could occur on the +18,000 square foot portion of the property currently designated for commercial development without leav/ng minimal lend available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Bo2,nton 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 reasonably related to the needs of the neighborhood and the city as a whole. Page 5 File Number: LUAR 01-008 Kr~spy Kreme Doughnuts The subject rezoning and subsequent use of the property would represent a positive contribution to the commercial corridor of Boymon Beach Boulevard. h. Whethe~ there are adequ~te sites els~here in the'ci~y fo~ the proposed use; in districts where such use is already allowed. There are a number of sites elsewhere in the ¢~t5' where the development of the propOsed use would not necessitate, a land use t :and rezgning. These lo, cations may not ~ ~a~_o~.d the l~rox~rmty ta ~ ~tate r°ad~b;~nt0~/Be~l~deva~d;sRS0~)or an interstate b.i~/way (I:95)that this location provides. ATTACtIMBNTS Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts Adjacent Lan~lS~h~' hiid-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 thC nOrthwest; to ~he northeast the intersection of Boynton Beach Boulevard'and W'est Industrial Avenue and farther east, fight-of-way Of Industrial Avenue then developed property classified Industrial (I),andzoned Light Industrial (M-I) (the locations of Lloyds Auto Electric and Foster Oil). South: Right-of-way ofNW 1~t Avenue, then Property classified Low Density Residential, zoned Single family Residentia!,(R~l-A) and.develOPed with'single family homes. Property classified Medium Density Residential (MeDR), Sorted 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 ownersl'dp 0fthe applicant. Farther west is developed property classified Local Retail commercial (LRC), Zoned Nbighborh0od Commercial (C-2)and occupied by a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subje~ 9f this land use amendment, total 0.6~2 acre. Because of the size of the property under conside~ati0r~,ithe Flori~da, Departme, _n,t, of Commuhity Affairs classifies this amendment as a "small acale" amendment. A small-scale amendment is adopted prior to forwarding to the Florida Department of Gommurdty Affairs and is not rev/ewed for compliance with the state, regional and local comprehensive plans pr/or to adoption. This amendment request presents a tmique situation. The property is b ~eing assembled from property owned by.six individuals. The western property consists of vacant land totaling _+0.78 acre and is bisected from north to s. outh into two land use elassificatio~ and two zoning districts. The western portion oi~ approximatel..~ +0.42 ac;e is claSsified Local R{tail Commercial (LRC) and zoned Neighborhood Commereia! (C¢). The eaStern.portion equals .a~.ro. ximately 0.36 acre[ is classified Medium Density Resi~tial~(MeDP0; zoned Duplex Residential (R-2) and is a s_ubjeet of this request. The -~0.26 acre.parcel to,the east is currently under separa~? ownership (Salvador and Norma santmanat) and is also a subject of this request. It is classified ~,l~,,,edium Density ReSidential (MeDR), zoned Duplex Residential (R-2) and is occUPied by a dupleX (two family) structure (See Exhibit "B"). The criteria used to review Comprehensive PLan amendments and re'zonings are listed in Article 2, Section 9. Administration and Enfo~'cement, 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. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but .not limited to~ a prohibition agqinst any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the ~alm Beach County Emergency Planning Division and the City's risk manager. The planning departmen{ shall also recommend }imitations or requirements, Page 3 - · File Number: LUAR 01-008 Krispy Kreme Doughnuts which w-ould have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. According tq~e?ompreli .~_~siye plan Fgtur~ Laiad Use S?pqrt D~c,.un}ent,,under the "Discussion "The Fhture Land Use Plan which is proposed for the City and area to be ~nnexed by the City will accommodate all of the annc~pated demand for eommercml Iand'tl~eugh build- out Therefore, the City shoed not change the land use to commercial categ0ri~s beyond that which is shown:on;theprgl~osed F~ture ~and ~s9 P~a~. e~tcept f~mmor b~ary adjustments, Smail in~! pa~l~, 0,r :cg~r~al' dse~ O£a.hig .htl y;spe~i~ized ,nature, which 9 ,:be onakeaity d~slgnate~emt are~S.;~, ~ ~ . ~. · ~ · , ~. This direc!ion is repeated.in Po!i~yLl9 6 9f th~v~ Us~e El~?nt. be~n not require the proportion Map. The City zoned acreage would City, s Future Land Use Map to Future Land Use preperty is unsuitable for appIicable The subieet orovertv is not!Iacated Withih ~he '~a~0i~,zoae. Rather ~mn mcrease residential densmes, the re~tuest~l: amendnient~Je~ee" tl~ ~fal. ~ of-exastmg housing stock by two units. ;, The reauest will add a total bf +_27,000 squ~.~ feet to the existing commercia! node that exists on both si~l~s' oflBoynton Be~eh Bouievard;i~: fhi~ ~ea andlmaY'? ~ewed as a minor bo~ ~a;,,~,.~ ' r~ ;~ .~t ~'t-~)i' th~t'anv be~fi¢i~~ cOmmerCial ai:~ieliil~ment could occur Onthe +18,000 square foot perllo-n of the prol:~n~ ~,mT, antty ,de~l~gr!~ for commermal de~elopm while s~mn.eousl~ provi~g aae.~ua~te s~een~g aaa ~e~,' ~$;.fOt~ the~ ad!~a~.~n.t]n.e,gl~bofhood- :. ....: ' ' ' '" ..... ~mui~-cialI ~i ~ arcel vail ada me necessary Accordm~ to the a~uhcan~ ~,e result~g o ~. y~ gr~ p property to all0wfor greatercirculanon effi~ancy: ' ' b. Whether the proposed rezoning would be contrary to the established land use pattern, or ~ould' create ?t isolated dist~ct U~re_(ated tO adj?ent and nearby districts, or would con~tau?,~ grant of~pec~a~l pr~ t~tl~gq to an tndividuat properly owner as contrasted Wit]t th~ protection of the ~pi~blic We~are~~ ~ The proposed rezoning would no which are west, buffer wails bamer) requirements, ensure developments Kdspy Kreme - COUS 01-005 Page 6 Memorandum No. PZ 01 - 263 With incorpor-at~r:'.of-~~taff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance w~th, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Rega!ations~ Chapte~ 2; also, conformance to the City of Boynton Beach noise Control Ordinance. Frith incorporation of all conditions and staff recommendations contained herein, the proposed restaurant with drive-through facility would operate in a manner that is in complianbe with the above- referenced codes and ordinances of the City of Boynton Beach. Also, staff recommends that the audio component of the menu board for the drive through facility project.sound to the we,,st ffs to not create a disturbance to the residential neighborhood to the east and south ~ee Exhibit C - Conditio~s~of Approval). In conclusion, the applicant, will have to applyfor and obtain till r.~cessary approvals and lic~nses from all applicable governing bodies in order for a certificate of Occupancy ~o .be: tssued. RECOMMENDATION Based on the discussions contained herein, compliance with development regulation?~,; anc[,the co~n~S~istency with the Comprehensive Plan, staff recommends, that this request~ be ~app~°Veel~2jeqt to,sati~g all cond~ttons of approval as contained m Exhib~ C . LG/elj KRISPY KREME:: :' EXHIBIT"A" 400 0 ;400 8OO Feet Krisoy Kreme - COUS 01-005 Page 4 Memorandum No. PZ 01 - 263 5. Screening, buffefmg'afi~l-lar~dscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 8,280 square feet or 18% of the total site. Much of the perimeter of the site is constrained with overhead power lines. Most tail growing palm and shade .......... ''r ih " trees_would.conflict wtth .the gmdetines of Florzda Power & Light s Right T~ ce, R g t Place publication. However, in an attempt to buffer the subject commercial property from the adjacent ~esidential properties, the landscape plan prOPoses seven (7) Ironwood shade trees s_paced every 20 feet~along the east property, line. Eleven (10 Cassia shade.~trees are spaced every 25 feet along the southern property line. Chapter 7.5 of the Land Development COde °nly requires ¢ne ~1) tree spaced every 30 feet along: these property lineS. The aforementioned trees are placed in Such a way as to create a continuous upper level cano£y, serving a~ a forrnidab[e, uni~terruptedlb~ffer along the east and. south pr°P*rty lines, A[So, amasonry~ wal( ~ix?(6).feet ~..h~.~'ght~with.si~cco on both {ides is proposed along the east andsouth:property linqS' 27~/s Wall *viii ~o've asa lOWer ~eve[ buffer to the residential ne~ghbor~hood.. In addition~ Spanish StopPe~ hedges will.be glac~d outside the masonry wall facing the perimeter pr°Perties, ~hich w~ll~rther enhance the appearance.of the wall 6. Signs, and proposed exterior.lighting, with ~reference to glare, traffic ;safety, economic effect, and compatibility and harmony wi~ adjacent and nearby properties. . This conditional use app. l, ication proposes several wall signs on the sidle (easO and front (wes0 facades. The restaurant 's total allo~vabte wall signag~ area(J56 square ~eeet) is based upon the fibllowing ratio'. -I ~ square fiket O~f sign area for every 'linear foot of bUild[ng, frontage on Boynton Beach Boulevard. The plan proposes to have a 41.5 square-foot internally Ht wall sign centered on the east elevation. ~The east elevation faces residentially-zoned property. The 15 square-foot "Hot Now" neon si ori 'nally was proposed near the top. o~ the east elevation. 'above the awning similar to the front facade. However, iin deference to staff's reqUeSt~Kris£y Kreme has agreed to relocate the "Hot -Now'~ sign to the lo~er;windo~ area On the east elevation.; Staff determined that a neon sign placed above the awning on ~he east. ~levatio~n might have caused excessive glare: onto the.adjacent property. The Hot:Now szg? ~s now propose~ m one of the wm~ows o~ a !ower portion of the east elevation. Its placement aHow~ ttto. be w'sible~from Boynton:Beach BouleVard ~ not visible from the n~n'ghboring property to. the e ~as~ Thefront faqade, contains a, 41~$ Square-foot internally lit wall sign and two (2) "H~t Now"sign~ Originally, Krispy Kre~e ~d pr~os~;n,e~ iband',mg ~o be located just under the top pilaster on thefront and side faqades. H~weve~r, the neon bandi-ng has since been eliminated from the design dug to,staff's recomn~en'dation ag~inst~is type.ofJigh~n~ The monument sign will stand eight (8) feeti high o¢erall and contain a~t ~nterilall~ ~lit ~ab~ne't',J~gn with the site ~ ' " " · ' .... are address and neon l~t Hot~lYoW~ ~gn located:bglow. The~r~qutrg~ stte ~httttgfo~ the parMng as wilt meet or exceed deVetoprme~nt s~andard~ and wit~ not ca,se ex~essiv~ ~tare Onto adjacent properties. The photometric pt~ an-~ill ~Je reviled.at the ttme~ of p '~tttmg. 7. Required setbacks and other open spaces. The proposed building and drive-through lane meets all ~etback requirements of the C-2 zoning district. The building will ~e Situated in the center of the newly created parcel. 8. General compatibility with adjacent property and other property in the zoning district. Krisoy Kreme - COUS 01-005 Page 5 Memorandum No, PZ 01 - 263 In general, th~ pPopO~b-if l~b is compatible with the existing commercial uses to the west of the subject property. The plan incorporates shade trees, a masonry wall, and shrubs to serve as a functional buffer between the subject property and the adjacent residential neighborhood. Chapter 9 of the Land and adjacent and nearby t aa a whole. The proposed, building height is the ~ maximum allowable height pitched roof for 'the in this However,. by the current inches to comply : the 10. The ~ ~residents, This ~ in South 95 make r this site, as set forth in Chapter 19, Kdspy Kreme - COUS 01-005 Page 2 Memorandum No. PZ 01 - 263 Location: N6fthwest 1 Avenue (between NW 1 Avenue and Boymon Beach Boulevard (SR804) east of NW 7th Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit "A" - Location Map) Total Building area: 4,680 square feet (See Exhibit "B" - Proposed Site Plan) Surrounding land uses/zoning: North - RRight-of-way of West Boynton Beach Boulevard (SR 804), then property classified Local e~aii Co~ercial (LRC); Zoned Neighborhood Cornmeal (C-2), and developed with a serv{ce s~tion (Texac°) 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 classified Indnstdal (I)and zoned Light Industrial (M-1) (the locations 0fLloyds Xuto Electric and Foster Oil). East - South - West - Property cl~sffied Med/um Density Residential (MeDR), zoned Duplex ReSidential (R-2) anc~ devel0p~d with duplex (two-family) homeS. Right-0f~waY of NW 1~~ Avenue; then property classifi.ed Low Density Residential, zoned Single family Residential (R-i-A) and developed with single family homes; and Developed property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. STANDARDS FOR EVALUATING CONDITIONAL USE~AND ANALYSIS Section ll.2.D of the Land Development Regulations contain.q the following standardS ro which conditional uses are required to conform. Following each of theSe standards is the Planning and Zoning Division's evaluation of the applicatlon as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or Conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when nor in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Kdspy Kreme - COUS 01-005 Page 3 Memorandum No. PZ 01 - 263 The subject pr~tigrty?fas--on~ point of ingress / egress. This point will be located off of Boynton Beach Boulevard and will directly align with West £ndustrial Avenue. No entrance or exit is proposed along Northwest 1st Avenue. No cross access is proposed with the property to the wes~ The entrance to the subject property is proposed to be a tS-foot wide opening. A,l~dscapqd median five- (5) feet wide will separate ihe ~ntrance and exit lan~s. When ~ehicles enle~ ~t~e $~'~c~ pr°Perty fro~ Boynton Beach ~oulevard, the:la~d~qa~ed median separates lhg entrance/~xit lanes '-an~ a[~o function~ as a traffic control devtce, guzding vehicles onto t~te propqrty tn a westward direction, Ali landscape material in this landscaped median wilt be either tall or shorl enough. [~.prqserve the yisibility and safe-sight requirements, lanes, each ~:J ~vide. ~ ~ll~o~ide the betWeen to allow for to be the most ,,~ sidewalk, restaurant. For t site without Commission. Off-street the items in vill have on The required for each spaces. The site handicap use, tot will be parking ~ is one (1) space !is 47 lesignatedfor location, closest that is unobtrusiv~ to Pe~'q~ ~d ~c~ ~d is u~-~ce~a~ frbm, Boynton Beach Boulevard, Northwest 1st AverJue, oi, resident~al[y-zonedproperty.: 4. Utilities, with reference ~o ,locatio~ aVail:~a~ ilit~ and. c~mpatibility, Consistent with Comprehensive Plan policies and city reguiations, all utilities, including potable water and sanitary sewer Will be in place via construction at the time of permitting. EXHIBIT "B" E~XHIBIT "B" EXHIBIT "B" f EXHIBIT "B" r E X I-4'1 Bi .T: "B" j~ l':l ! 1:tl f! it111 :l ! I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B''~ EXHIBIT "B" I: l iilll~[[ } I I'~ li'i!P I l- EXHIBIT "B~. i J ~ KRF.~i= EXHIBIT "B" EXHI. BIT "B" i t"I:I?ITI'T'TITI'I'I'tTtTIII EX--IT "C" Conditions of Approval Project name: Krispy Kreme File number: COUS 01-005 Reference: 2nd Review plans identified as COUS 01-005 with a November 5, 2001 Planning & Zoning stamp marking. DEPARTMENTal'. . IbICLUDE REJECT PUBLIC WORK~; ~- General i · Comments: None, ' UTILITIES ~ ;~ " Comments 1. Fire flow calculation will be required demonstratingthe City Code ' requirement of 1,500 g.p.m, as stated in LDR Chapter 6, Article IV S~ction 16, or the [equirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(a)). 2. CODE Seq. 26-34(E) requires that a capacity reservation fee be paid for this X project rather upon the request for the Depa~uuent's mgnamre on the Health D~artme~ application forms or within 30 c~ays of site plan approval,: whichever,becUts first This fee will be determined based upon final meter raze, or eXp. ected demand. FIRE Comments: 3. A fire hydrant fl0w test is required prior to construction (City Ord. 9~3F)~ .' X 4. Fire hydra~ts shall be no more that 300 feet apart and the remotest pat~ of any X structure sfiall, be no more that 200 feet from a hydrant Connections shall be to mains n~ les~ than 6 in6hes in diameter. In addition tO domestic' requirements a;fire flow o~ 1500 g.p.m, at a residual pressuxe Of not leSs tha~ 20 p.s.i, i~required (LDR Chapter 6, Section 16). POLICE Comments: N6ne X onditions of Approval DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 5. Sidewalks adjacent to parking lots shall be continuous through all driveways X. and shall be 6 inches thick within driveways (LDR, Chapter 23, Article II, Section P). 6. Provide an imgation plan in conformance with the LDR Chapter 7.5, Article X H, Section 5. BUILDING DIVISION Comments: 7. At time of permit review, provide a completed and executed City Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal ~leseriptions of each property that is being unified is required to be submitted to process the form; The property owner that is identified on each deed shall match. 8. At the time of permit review, submit signed and sealed working drawings of X the proposed construction. 9. To properly deterrdne the impact fees that willbe assessed for the project, X identify on the site plan if the restaUrant is a high quality, eat-in high turn over, or fast food with drive-through type of restaurant. Also, identify on the site plunthe number of new seats and the total number of seats provided. On the floor plan, chronolog/cally number all seats including those seats that are around the bar. 10. At time of permit review, submit for review an addressing plan for the X proiect. I PARKS AND RECREATION Cnmmenm: 11. Submit detailed irrigation plans for right-of-way landscape and sitework X improvements during the construction docment permitting stage, for review and approval by the Parks Department staff. Include 9n the plan location of an~, exi~tin~ irriffration ill the right-of- wa~r. F ORESTER.rENVIRONMENTALIST Comments: DEPARTMENTS INCLUDE · REJECT 12. The applicant mast-~ovidea tree tabulation indicating the quantity of X -. de§irab[¢ existing trees wl~i,ch will be preserved, [elocated or removed / replaced on the site. This tree tabulation should be correlated and the trees pLANNING AN~ zoNING Comments: ' I 13. The §itc plait must identify the correct Future Land Use designations as I X defined by the Cit7 s Comprehensive Plan for the adjacent properties. 14. Staff recommends that the audio component Of the menu board related to the · X · drive thrgugl~,J~a~'i!ity P~gj-ect s0und t° the W~[ as t° ,n°t ereate a p°tent!a! ' distu/'bance to the residential neighborhood. ' . 15. The maximum building heig}~t in the C-2 zomg district is 25 feet. The top .of th~ roof of the t ~osy~ .er is 26 feet 6 inches. Either reduce the top of the tower by o~e and 0ne-ha~' ~ 1 ~j feet 0i reqUest ~ height exc6ption pUrsuant to , ~iaapter 2, Section 4.H. 16. Include a color rendering of all elevations prior t0 the l~launhlg & : X , Developrr~nt Board meeting {Chapter~ Section 7.D,2.). : 17. Submit a color sample / swatch of all major ext_~.'_or finishes. EaCh sample X and/. or elevation shall'include the manufacturer s name and color code (Chapter 4, Section 7.D. 1.). , 18. All above ground mechanical equipment,such as exterior,utility boxes, X meters, transformer, s, shall be visually screened with appropriate landscaping / hedge material (Chapter ,9, ,Section I0.C.4.). The backflow preventer shall be pam~ed to match the principle structure. ~ 19. The dumpster enclosure and uiasonry wall shalt [esemble with respect to the X color and materials, the design of the principal building. Include a wall detail to confirm similar architectural elements and integration with other site elements (Chapter 9, section 10.E.3.). 20. The Palm Beach County Traffic Division suggested that the City review X traffic operations at the project aCcess driveway, with emphasis un left-tums in and out of the site because the forecasted peak hour volumes indicate the need for provision ora westboundleft4um lane on Boyntun Beach Boulevard onto the site. Prior to the issuance, of a City building pemait, this project must obtain Palm BeaCh County lTraffic Divisica~ approval ~ith regard to the westbound left-turn lane ontothe sub, act prOperty. ADDITIONAL PLANNING AND DEVELopMENT BOARD CONDITIONS Comments: 21. None X __. KRISP¥ KREME - EXHIBIT 9 __ LEGAL BASIS TO DENY KRISPY KREME DEVELOPMENT WITH VIABLE ALTERNATIVE PROPOSALS A & B SUBMITTED ON BEHALF OF "SOS" "Save Our Street" Boynton Beach Residents By: Reginald G. Stambaugh, Esq. Stambaugh & Tarone, PA 180 Royal Palm Way, Ste. 201 Palm Beach, FL 33480 561-832-0272 LEGAL BASIS TO DENY THE KRISPY KREME SITE PLAN APPLICATION · THE RE-ZONING CRITERIA ARE NOT FOLLOWED a City of Boynton [leach Code of Ordinances Ch. 2 Zoning, § 9.C.7 (f) "Whether the proposed property is physically and economically developable under the existing zoning." FACT: Under the existing zoning, a duplex already exists. o City of Boynton Beach Code of Ordinances Ch. 2 Zoning, § 9.C.7 (h) "Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed." FACT: Staff Admits: "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 re-zoning." THERE ARE ALTERNATIVES TO THE PROPOSED SITE PLAN, WItICIt ALLOW KRISPY KREME TO BE BUILT. ~ ALTERNATIVE PLAN A - RETAINS INTEGRITY OF ZONING. See Designated Yellow Space on Survey See Comparisons.Worksheet - RETAINS INTEGRITY OF PRESENT RESIDENTIAL USE See Designate~pace on Survey See Comparisons Wbrksheet THE APPLICATION IS DEFICIENT ON ITS FACE o City of Boynton:Beach Code of Ordinances Ch. 2 Zoning, § 9.C.4 Materials to be submitted with applications. "The following materials shall be submitted in the number of copies specified by the planning director." (g) A statement by the applicant justifying 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. HOWEVER: No statement justifying the re-zoning requested is submitted, particularly lacking is the justification to tear down an already existing viable duplex on a residential street. NOTICE IS INSUFFICIENT o City of Boynton Beach Code of Ordinances Ch. 4 Site Plan Review, § 6 Notice When a site plan has been scheduled for review by the planning and develo~ent board, the plarming and zoning department shall supply the applicant with a sign or signs to be posted on the subject property on which the site plan will be effective with the following information: A. Description of proposed use. B. Availability of plans for review of interested citizens within the planning and zoning department. C. Dates and times of the planning and development board and City Commission meetings to review the proposed plan. HOWEVER: Posting did not occur when the site plan was scheduled for review by the planning and development board. Posting did not occur on the properties subject for site plan review. Posting only occurred on one property facing 1-95. Posting did not occur on the residentially zoned properties. PLAN "A" PLAN "B" COMPARISON BOYNTON BEACH: C-2 ZONE - R-2 ZONE - Vacant - - Duplex - 18,295 square ft. 15,681 square ft. 11,325 square ft. TOTAL: Vacant 33.976 square ft. All 45,301 square ft. Krispy Kreme application for re-zoning 27,006 square ft. GAINESVILLE: Parcel B: Parcel A & B: Total area Total Building Total Area Total Building 14,295 square ft. 2,470 square ft. 19,303 square ft. 2,470 square ft. ALTERNATIVES: Al. TERNA TIVE A: ALTERNATIVE B: BOYNTON BEACH C-2 ZONE GAINESVILLE PARCEL A & B DEFICIENCY BOYNTON BEACH VACANT GAINESVILLE PARCEL A& B SURPLUS 18,295 sq ft 19,303 sq ft <1,008> sq ft 33,976 sq ft 19.303 sq ft t4~6~3-s~ ~ BUILDING COMPARISON: BOYNTON BEACH GAINESVILLE SEATiNG COMPARISON: BOYNTON BEACH GAINESVILLE 4,368 sq ft 2,470 sq ft 40+ persons 26 persons Krisp¥ Kreme, Gainesviile East Elevation South Elevation exhibit KRISPY KRF~ME - EXHIBIT 10 KRISPY KREME, LAND USE/ZONING AMENDMENT SUPPORTING DOCUMENTS TABLE OF CONTENTS 10. Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9., Administration and enforcement. (12 pages) City of Boynton Beach, EAR-based Comprehensive Plan Amendments, June 6, 2000, Objective 1.17, Policy 1.17.1, Policy 1.19.6 Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9., 12. Letter from Weiner & Aronson, P.A., dated November 21, 2001, advising the City of Boynton Beach that applicant was submitting supplemental amended applications. a.) Land Use Amendment and Rezoning Application b.) Site Plan Application for New Site Plan c.) Conditional Use Application Project name: Krispy Kreme - Boynton Beach Blvd. Applicant's name: Dynamic Doughnuts Florida Reality, Inc. Agent's name: Scott Barber and G~e & Jenson Property owner's name: Salvador and Norma Sentm~nat Property control number: 084345-29-01-002-0071 a.) Modified Land Use Amendment and Rezoning Application b.) Modified Site Plan Review Application Project name: Kri~py Kreme - Boynton Beach Blvd. Applicant's name: Krispy Kreme of South Florida, LLC Agent's name: SCott Barber and Gee & Jenson Property owner's name: Salvador and Norma Sentmanat, Anthony Mannino, August Vultagg/o, Crinseppe Vultaggio, and Pierre LoPiccolo Property control number: 0843-45-29-01-002-0071, (0090), (0101 ), and (0300) Development Depcatment, Planning and Zoning Division, Memorandum No. PZ 01-222., December 10, 2001 Surveyor's Affidavit Site Plan Review StaffReport, June 7, 1994, Planning and Zoning Deparmsent Memorandum No. ;g94-160 Project name: Augy's Restaurant Plaza Applicant's name: Anthony Mannino and Joe Vultaggio Agent's name: Augy Vultaggio Justification Statement for Krispy Kreme Boynton Beach Boulevard 8/20/01, by Gee & Jenson - American Legal Publishing Sea rch: [ EXHIBIT 1 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS* CHAPTER 2 ZONING Page 1 of 12 Search Online Library Search Current Code Previous Page Next Page Previous Hit Page Next Hit Page Previous Hit Next Hit Table of Contents Search Results Clear Search Help Disclaimer Section 9. Administration and enforcement. A. BUILDING PERMITS REQUIRED. No sm~cture or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All buildings, structures, and uses of land shall comply with the regulations of this ordinance and with all applicable building and health laws and ordinances. Each application for a building permit shall be accomparded by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or stmctur~ly altered, its location on the lot or lots, and such other information as may be required as to provide for the enforcement of these regulations. B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. C. COMPREHENSIVE AMENDMENTS:REZONINGS. PLAN 1. Intent. These zoning regulations may from time to time be amended, supplemented, or repealed. It is the intent of this subsection that the planning and development board serve as an advisory body to the City Commission with respect to such amendments, in the manner herein set forth. All proposed amendmen~ shall be evaluated by the planning deparunent, planning and development board, and City Commission for consistency with the comprehensive plan and shall not be approved unless found to be consistent with the comprehensive plan. It is also the intent of this subsection that all rezouing shall be in accordance with and serve to implement the Local Govemmem Comprehensive Planrdng and Land Development Regulation Act. It is intended that the applicant for a rezoning provide information which is sufficient to determine whether the proposed rezoning is consistent with the comprehensive plan. It is further the intent of this subsection that, pursuant to Sections 163.3194, 163.3197, 163.3201, 163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City Commission as requirements or limitations with regard to subsequent development of the property, and that the City Commission may impose any other requiremems or limitations, in order to ensure that http://www.amlegal.com/boymon_beach_fl/lpext.dll/Infobase/1 c88/200b/24a5 ?f=templat¢.. 10/18/2001 · American Legal Publishing Page 2 of ~2 development of the prop~ is consistent with the comprehensive plan, and ensure that impacts created by the development are mitigated. This subsection shalI apply to all rezoning applications, and all revised master plans in the case of planned zoning districts, which are submitted after the effective date of the ordinance containing this subsection. 2. General procedures. a~ Applications for amendments to the official zoning map shall follow the procedure set forth in paragraph 3 through 15 below, with the following exceptions: (1) Where an ordinance to rezone is initiated by the city pursuant to adoption of the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal report the following exceptions shall apply: a) Where the ordinance to rezone would cover a total area exceeding five (5) percent of the area of the city, only the reqmrements set forth in paragraphs 3, 4.a,(4), 4.a.(5), 4.a~(6), 6., 8.a., 9., 10., 12., 14., and 15. shall apply; however where the ordinance to rezone should cover a total area exceeding five (5) percent of the area of the city and is accomplished through the adoption of a new official zoning map, the requirements of paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not apply. (b) Where the ordinance to rezone would cover a total area which is equal to or less than five (5) percent of the area of the city, only the requirements set forth in paragraphs 3, 4.a.(4), 4.a. (5), 4.a.(6). 4.e., 4.f., 6., 8., 9, 10., 12., 14., and 15. (2) The requirements contained in paragraph 7. below shall not apply for rezonings which do not require an amendment to the future land use map and where the subject parcel is unplatted, and shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan for the subject parcel. All annexation applications shall, however, be reviewed by the planning department with respect to the annexation policies contained in the comprehensive plan. Where a rezoning application would occur pursuant to an amendment to the future land use map, the two (2)applications sball be processed simultaneously as a single application, except where provided for otherwise by Chapter 1.5, Section 7.C of the City of Boynton Beach Land Development Regulations. The procedures set forth in this paragraph shall also apply for applications to amend http://ww~v.arnlegal.com/boynton_beach._fi/lpext, dll/Infobase/1 c88/200b/24a5 ?f=temp!ate.. 10/18/2001 American Legal Publishing Page 3 of 12 the future land use plan, except where such amendments would be included as pan of the adoption of the comprehensive plan on a plan in its entirety, or the adoption of an evaluation and appraisal report. Therefore, '~rezoning" shall be construed to include "future land use map amendment" in this subsection, unless a specific distinction is made between the two terms. b. For amendments which would change the type of uses allowed within particular zoning districts or land use categories, or would otherwise change the permitted uses of land, where such amendments would occur pursuant to an amendment to the comprehensive plan, the two amendments shall occur simultaneously, except where provided for otherwise by Chapter 1.5, Section 7.D of the City of Boynton Beach Land Development Regulations. c. The procedure for amending all other provisions contained in the zoning regulations shall be the same as the procedure for ordinance adoption generally, as set forth in Florida Statutes and the City of Boynton Beach Codes and Regulations. 3. Initiation of amendments. Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51) percent of the area involved in the amendment. For amendments which are initiated by the City Commission or planning and development board, the documents, letters of consent, and information specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required. For amendments which are initiated by less than one hundred (100) percent of the property owners of the area involved in the amendment,, such documents and letters of consent shall be required only for property owners who have signed the petition for the amendment. 4. Materials to be submitted with applications. The following materials shall be submitted, in the number of copies specified by the planning director: a. An application, on the forms provided by the planning department. Such application shall include, at a m/nimum, the following information: (1) The name, address, and phone number of all owners, applicants, and agents. (2) A statement of the applicant's interest in the development of the property. (3) Intended use of the site. http://www.amlegal.com/boynton__beach_fl/lpext.dll/Infobase/1 c88/200b/24a5?f=templat¢.. 10/18/2001 American Legal Publishing Page 4 of 12 (4) Existing zoning district and proposed zoning district. (5) Existing category shown on the future land use map, and proposed category. Legal description of property which is the subject (6) of the application. (7) (8) Street address or location of the subject parcel. Area of the subject parcel, to the nearest hundredth (1/100) of an acre. b. A copy of the last recorded warranty deed. c. The following documents and letters of consent: (1) If the property is under joint or several ownership: A written consent to the application by all owners of record; and (2) If the applicant is a contract purchaser: A copy of the purchase contract and written consent of the owner and seller; and (3) If the applicant is represented by an authorized agent: A copy of the agency agreement, or written consent of the applicant; and (4) If the applicant is a lessee: A copy of the lease agreement, and the written consent of the owner; and (5) If the applicant is a corporation or other business entity: The name of the officer or person responsible for the appYmation, and written proof that said person has the delegated authority m represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the planning depaxtment, and containing the following information: (1) An accurate legal description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by the planning d/rector where found to be unrelated to the land use or zomng issues involved with the application. e. A complete certified list of all property owners, mailing htm://www.amle~al.corrffbosrnton beach fl/lpext, dlVInfobase/lc88/200b/24a5?f=template.. 10/18/2001 · American Legal Publishing Page 5 of 12 addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county court house shall be furnished by the applicant. Mailing labels or addressed envelopes, and postage shall also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. g~ A statement by the applicant justifying the zoning requested~ including reasons why the property is unsuitable for development under the existing zrming and more suitable for development under the proposed zoning. h. A comparison ofthe impacts that would be created by development under the proposed zoning, with the impacts that would be created under existing zoning, The maximum number of dwellings, square footage, or intensity allowed by the proposed zoning district shall be used to estimate impacts, unless specific limitations on the number of dwellings, density, or intensity are proposed by the applicant. This comparison shall include the following: (1) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. (2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (3) Proposed timiug and phasing of the development. (4) Applications for rezoning to commerc/al or industrial zoning districts which exceed one (1) acre in area shall provide projections for the number of employees. An estimate of the number of employees shall not be required, however, for applications which are initiated by the city. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvement that would be necessary to accommodate such traffic movements. For proposed developments which would generate over three thousand (3,000) vehicle trips per day; or over two hundred fifty (250) single- directional vehicle trips within a one-hour period; or developments in the hurricane evacuation zone of the city containing over 100 dwelling units, a traffic impact analysis shall be required. Said traffic irapact analysis shall include projected trip generation for the development, for all major roadways and intersections within one and http://www, amlegal.com/boynton_beach_fl/Ipext.dlVInfobase/1 c88/200b/24a5?f--templat¢.. 10/18/2001 · American Legal Publishing Page 6 of 12 one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the city, adjacent cities, and within the unincorporated area of Palm Beach County within a radius of five (5) m/les. For those parcels lying in the unincorporated area of Palm Beach County, which are not currently zoned for urban laud uses, the potential land uses according to the Palm Beach County Comprehensive Plan shall be used. Where said parcels are shown on the Palm Beach County Comprehensive Plan under residential laud use categories, the midpoint of the density range shown on County Comprehensive Plan shall be used. Where a county-wide study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be used to project background traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the requirements listed above. Such Iraffic impact analysis shall include recommendations for the mitigation Of traffic impacts, consistent with the standards which have been adopted by or are utilized by Palm Beach County. Traffic Impact Analyses ,required for developments within the hurricane evacuation zone must also include an evaluation of the effect of the development on hurricane evacuation times. (6) For parcels larger than one (1) acre, a comparison of_the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of Improvements to the water system shall also be included, where existig, g facilities would be inadequate to to serve development under the proposed zoning. (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development witt~that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of Improvements to the sewage collection system shall also be included, where the existing facilities would be inadequare:m serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according m age groups for the proposed development shall be required, where more than fifty (50) dwellings or fifty (50) sleeping rooms in the case of group http://www, amlegal.com/boynton_beach_fl/ipext.dll/Infobase/1 c88/200b/24a5 ?f=te .m. plate.. 10/18/2001 American Legal Publishing Page 7 of t2 housing, would be allowed under the proposed zoning. (9) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submiI proposals for mininfizing land use conflicts with surround'rog properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to confonu to the performance standards contained in the city's zoning regulations and the standards contained in the city's noise control ordinance. Also, statements conceammg the height, orientation, and bulk of su'uctures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the planning and development board or City Commission, the applicant shall also state the type of construction and arch/tectural styles that will be employed in the proposed development. (t0) At the request of the plann/ng department, planning and development board, or City Commission. the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. Co) Existing and proposed grade elevations. (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to ma'mtain common spaces and recreational facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be requ'tred. (11) For rezoning to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthemtore, all materials required for a subdivision master plan shall also be submitted. 5. Fees. Fees shall be paid at the tirae that the application is submitted, according to the fee schedule adopted by the City Commission by resolution or ordinance. 6. Processing by planning department. The planning htt~://www, amlegal.com/boynton_beach_fi/lpext, dlUInfobase/1 c88/200b/24a5 ? f=template.. 10/18/2001 American Legal Pubhshing Page 8 of 12 department shall receive all applications, review such applications for completeness, and transmit copies of such applications to the city clerk for public notice and/or notification of surrounding property owners. The planning depatu~ent shall set a public hearing date before the planning and development board, in accordance with the schedule adopted by the City Commission. The plann/ng department or City Commission may specify certain periods of time during wh/ch applications must be submitted. 7. Report and recommendations by the planning deparunent. The planning department shall evaluate applications with respect to the following criteria: a. Whether the proposed rezorfing would be consistent with applicable comprehensive plan policies including, but not limited to, a prohibition against any increase m dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Management Division mad the city's risk manager. The planning dep~tment 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. 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. c. Whether changed or changing conditions make the proposed rezoning desirable. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The planning depatianent shall transmit its findings and recommendations, together with the application and materials submitted by the applicant in paragraph 4.g. and h.(1) through h.(10) above to the planning and development board. The planding dkector may also solicit the comments of the technical review committee members, with respect to consistency of the proposed zoning with htrp://www.amlegal.com/boynton_beach_fl]lpext.dlVlnfobase/1 c88/200b/24a5 ?f~template.. 10/18/2001 · American Legal Publishing Page 9 of 12 comprehensive plan policies and with respect to other city policies and code requirements, and transmit same to the planning and development board. 8. Public notice and notice to surrounding property owners. a. Applications for rezoning and/or land use amendments shall be advertised consistent with applicable requirements of Florida Statutes. b. Where required in Section 9.C.2.a. above, owners of properties within four hundred (400) feet of the subject parcel shall be nofifiedas to the nature of the application, and the address or location of the property, and the time, date, and place of the initial planning and development board and City Commission hearings. Said notification shall be by regular mail and shall be postmarked not less than thirty O0) days prior to the hearing before the planning and development board. 9. Action by planning and development board. The planning and development board shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the board shall recommend to the City Commission either that the application be approved, approved subject to modifications, or denied. The planning and development board shall base its recommendation upon findings, which may be based on the report by the plarming department, or may be based on the materials submitted by the applicant. If the planning and development board votes to recommend approval of the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. Where the board recommends limitations or requirements as conditions of rezon/ng, for other than planned zoning d/stricts, the board shall also include a finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 10. Action by City Commission. The City Commission shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the City Commission shall either vote to approve the application, approve the application subject to modifications, or deny the applicatio~ The City Commission may not approve any rezoning which increases residential density when the projected water and sewer demand exceeds the estimates assumed in the comprehensive plan of the city, Goal 3C Potable Water. The City Commission shall base its action on findings, which may be based on the recommendations of the planning and development board, the report by the planning deparmaent, or the materials submitted by the applicant. If the City Commission votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the hrrp://www.amlegal.comgooynton__beach_fl/lpext.dll/In fobase/1 c88/200b/24a5?f=temp!ate. 10/18/2001 American Legal Publishing Page 10 of 12 comprehensive plan. The City Commission may approve any zordng district, land t~se category, or type and intensity of use which is the same as or less intensive than that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that such area does not extend beyond the property described in the application. The City Commission shall adopt an ordinance to amend the official zoning map and future land use map, in accordance with applicable requirements of the City of Boynron Beach Land Development Regulations and Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to the zoning regulations, the procedure set forth in Section 163.3184, Florida Statutes, for review of such proposed amendments by the state shall also be complied with. Where the City Commission votes to impose limitations or requirements as conditions of rezoning, for other than planned zoning districts, the City Commission shall also include finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 11. Limitation on further consideration. Within one (1) year after the date of final action by the City Commission or withdrawal of the application by the applicant, no application for like or similar zoning may be submitted, with the exception of applications which are initiated by the City Commission. 12. Limitations on changes to application, after application has been submitted. After notice of the public hearing has been published or notification has been mailed to surrounding property owners, the application may not be modified before final adoption of the ordinance to rezone, so as to include any areas outside of the parcel described on the original application, increase the number or intensity of uses, request a more intensive zoning, increase the number or intensity of uses, request a more intensive zoning, increase the height of proposed structures, increase u'affic levels on local s~reets through residential neighborhoods, increase the floor area or number of dwellings, or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the orig/nal application. All such changes shall require a new application. Changes which decrease any of the impacts listed above may be requested by the applicant, recommended by the planning depmunent or planning and development board, or required by the City Commission or State of Florida, without requiring a new application. 13. Time llrn~tation for development of property. In the event that no site plan is submitted and site plan approval only is required, or the first plat is not recorded where platting is required, or a conforming use is not established where platting or site plan approval is not required, with{n eighteen (18) months after final http://www~am~egal:c~m/b~ynt~n-beach-fV~pext~di~nf~base/~c88/2~b/24a5?f=temp~at~. 10/18/2001 American Legal Publishing Page 11 of 12 approval of the rezoning by the City Commission, the City Commission shall review the zoning of the property and take action as specified in paragraphs a. or b. below. The requirements of paragraph a. and b. below shall also apply where site plan approval only is required and site plan approval lapses: a. The City Commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in mariner specified above does not occur by the end of said time extension, the City Commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The City Commission may instruct the city manager to file an application to a more restrictive zoning district and/or future land use map category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land map use category. 14, Modifications to master plans ofplarmed zoning districts and modifications to conditions of zoning for conventional zoning districts. a. Planned zoning districts. Where such modifications are proposed for a planned zoning dish-itt, including any modifications to an approved master plan, the procedure to be followed shall be that which is specified in those respective sections of the City of Boynton Beach Land Development Regulations. b. Modifications to requirements or limitations imposed at time of rezoning, for conventional zoning districts. Where changes are proposed to the requirements and limitations which were imposed at the time of rezoning in a conventional zoning district, such changes shall require review and recommendation by the p]annlng department and planning and development board, and approval by the City Commission. Approval of such changes shall be accompanied by a finding that such changes are in accord with all regulations and comprehensive plan policies in effect at the time of the proposed change, and that such changes are not sufficiently substantial so as to warrant a new rezoning application. The determination of what constitutes a substantial change shall be within the discretion of the City Commission, however, any proposed change that would increase the number of stories, or that would increase the mount of water consumed, the amount of sewage collected, or the mount of traffic generated by more than ten (10) percent, or that would create commercial or industrial uses where not established by previously approved zoning, or that would increase the area of property zoned, shall in all cases require a new zoning application~ http://www.am~ega~.c~m/b~ynt~n-beach-~/~pext.d~V~nf~base/~c88/2~b/24a5?f=temp~at~.. 10/18/2001 '6 ~ ~American Legal Publishing Page 12 of 12 15. Record of requirements and limitations imposed at time of zoning or rezoning. The planning department shall keep records of all requirements and limitations imposed at the time of rezoning and shall transmit a copy of same to the applicant, and make same available for inspection by the public. D. CIVIL REMEDIES FOR ENFORCEMENT. In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, structure, land, or water is used in violation of this ordinance or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstmctien, alteration, repair, conversion, maintenance, or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, su'ucture, laud or water, and to prevent any illegal act, conduct of business, or use in or about such premises. (Ord. No. 96-51, § 5, 1-21-97; Or&No. 96-51, § 5, 1-21-97) httc://www, amlegal.com/boynton_beach_flflpext, dlVlnfobase/1 c88/200b/24a5?f=template.. 10/18/2001 Goal i Objective 1.1 Policy 1.1.1 Policy 1.1.2 Policy 1.1.3 EXHIBIT 2 City of Boyntoh Beach Future Land Use Element Goals, Objectives, and Policies Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resoumes. development shall be accomplished in a manner which minimizes erosion, flooding, and other problems doe to topography. City shall continue to adopt and enforce re~.nl~tlons to provide that development sites shah be graded so that no slope exceeds a ratio of 1:4. that The City shall adopt and enforce regulations that prohibit the destruction of oceanfront dune- ""~'I The City shall continue to enforce regul,tions which requires that dali buildings shall be constructed with the minimum first floor elevation above the 100-year flood elevation. Construction of buildings, structures, and infrastructure shall comply with the City's Flood Damage Prevention Ordinance which shall comply with the requirements of the National Flood Insurance Program, and the Coastal Construction Building Code which shall comply with Chapter 161, Florida Statutes, as well as applicable regulations of the South Florida Water Management District and Lake Worth Drainage District. Policy 1.1.4 Policy 1.1.5 Objective 1.2 ~The City shall continue to adopt and enforce regulations that prohibit the removal of rock or soil from property ak-2! b: prck2blted, except to the extent necessary to prepare a site for development. ..... :~ that tThe City shall continue to adopt and enforce regulations to provide that the grading of development sites shall take into consideration the existing and future grade of adjacent properties and rights-of-way. The City shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is not economical to remove or treat unsuitable soils that would adversely affect the performance of infrastructure, buildings and other structures, and City of Boynton Beach EAR-based Comprehensive Plan Amendments . _ ....... _Date: June,_6, 2000 Future Land Use Element district, which shall not exceed 85% and 60% in zoning districts'which are included in the Industrial land use category. Policy 1.16.43 e,,u ........... m~, ~j^~,: .... ~;~' The City shall continue to enforce the land dev~lopmant regulations to enforce and implement the policies which regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section shall apply, regardless of the status .of the City's development regulations, and are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. Objective 1;17 Minimize nuisances, hazards, and other adverse impacts to the general p~bli~, to property values, and to residential environments by preventing o~.,min~mizing land use conflicts. Policy 1.17A The City shall contlnna to Dcl_iscourage'additional commercial and industrial .~s:~beyond those which are currently shown on the Future Land Use Map, :~.~.~except. where_ access is ~reatest and imp acts on residential land uses are least. Policy 1.17.42 ..... -~ ............. raon, The City shall conbnue to uhl,ze and enforce performance standards in the City's zoning regulations. Policy 1.17.$3_ ..... ~ .............. ~ .... , The C~W shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. Policy 1.17.6 ~,,~ .......... m.. .,~.__ The City shall mcPiC'adopt *~ '- ...... ~-..,~nt and enforce regulations to require solid vegetative screening between industrial and residential uses, wherever practical, in addition to buffer walls. Po!icy !.!7.7 City of Boynton Beac? EAR-based Comprehensive Plan Amendments ....... 1:26 .............. Datex_June 6, 2000 Future Land Use Element Policy 1.19.6 Policy 1.19.7 Policy 1.19.8 Policy 1.19.9 Policy 1.19.10 Objective 1.20 demand for commercial'acreage which has been projected in The Future Land Use Element. Subsequent to Plan adoption, do not allow commercial acreage which.is greater than the demand which has bSen projected, unless it can be demonstraued that a particular properuy is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, or no other suitable property for a commercial use exists for which a need can be demonstrated,.and the commercial use would comply with all other applicable comprehensive plan policies. In areas where the demand for commercial uses will not increase, particularly in the Coastal Area, subsequent to Plan adoption change the land use and zoning to permit only residential or other non-commercial uses. Subsequent to Plan adoption, modify the land development regulations to keep existing public schools which are in operation in the Public and Private Governmental/ Institutional land use category, and place future public schools in a reasonable land use category which is agreed upon by the City of Boynton Beach and the Palm Beach County School Board administration. Subsequent to Plan adoption, modify the land development regulations to place sites of 3 or more acres which are occupied or are planned to be occupied by government uses, utilities, hospitals, places of worship, and private schools, in the Public and Private Governmental/Institutional land use category, except where such uses are located in the CBD zoning district or in planned zoning districts. Subsequent to Plan adoption, modify the land development regulations to place sites of 2 or more acres which are occupied or planned to be occupied by public parks and recreation facilities, and private parks and recreation facilities for residential projects, in the Recreation land use category, except where such uses are located in the CBD zoning district or planned zoning districts. By June 1, 1990, or when mandated by state statute, regulate subdivision of land by continuing to require that the creation of more in 32 EXHIBIT 3 Boynton Beach, FL Code of Ordinances PART III LAND DEVELOPMENT REGULATIONS CHAPTER 2 ZONING Section 9. Administration and enforcement. C. COMPREHENSIVE PLAN AMENDMENTS:REZONINGS. 12. Limitations on changes to application, after application has been submitted. After notice of the public hearing has been published or notification has been mailed to surrounding property owners, the application may not be modified before final adoption of the ordinance to rezone, so as to include any areas outside of the parcel described on the original application, increase the number or intensity ofuses, request a more intensive zoning, increase the number or intensity of uses, request a more intensive zoning, increase the height of proposed structures, increase traffic levels on local sweets through residential neighborhoods, increase the floor area or number of dwellings, or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. All such changes shall reqmre a new application. Changes which decrease any of the impaCts listed above may be requested by the applicant, recommended by the planning department or planning and development board, or required by the City Commission or State of Florida, without requiring a new application. WEINER & ARONSON, P.A. ATrORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 EXHIBIT 4 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-rnail: delraylaw@bellsouth.net MICHAEL $. WEINER CAROLE J. ARONSON JASON S. MANKOFF OF COUNSEL: ROBERT MARC SCHWAR1'Z, P.A. Florida Bar Board Certified Real Estate Law,er November 21, 2001 Mr. Dick Hudson Senior Planner Boynton Beach City Hall 100 E. Boynton Beach Blvd Boynton Beach, Florida 33435 Via Hand Delivery Re.' Krispy Kreme Applications Our File No.: KRtK002 Dear Dick: Enclosed are two (21 each the following: Land Use and/or Rezoning Application which includes the acreage of the subject parcel, a copy of a Surveyor's Certificate and color depiction regarding the legal description, applicant agent affidavits, applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. Conditional Use Application which includes applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. Site Plan Review Application which includes applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. These enclosures are submitted to you in supplement to and in addition to the applications for Land Use and/or Rezoning, Conditional Use and the application for Site Plan Approval previously submitted to you with respect to the project we refer to as "Krispy Kreme" located on Boynton Beach Boulevard, Boynton Beach, Flodda. Mr. Dick Hudson November 21, 2001 Page 2 .................. The-pbq56S-e-of thi~-~bpple'Yfib-nt ~nd'addition"is'tO-addre~-the-~mments-made by the City ...... of Boynton Beach in a written memorandum to the applicant after the prior meeting at which this matter was tabled.- Let me confirm with you the following: .................................................... There was previously delivered to you by Mr. Scott Barber of Gee & Jenson, the agent, new property owner notification labels with additional property as shown on the map, including postage and envelopes. 2. Original property owners' consent forms from ali owners are enclosed. The amended applications now show the actual applicant as Kdspy Kreme of South Florida, LLC. Please note that an appropriate assignment of contracts are enclosed. We are confirming with you that approximately One Thousand Two Hundred Dollars ($1,200.00) for advertising and other costs can be submitted to you at a later date and that you will let us know the exact dollar amount. ~,confirming with you that this supplemental and additional information is sufficient for the pur~ ~es of scheduling the appropriate public hearings. We'appreciate your assistance. .. ~V~:'~;. ~°in~i~..~ _ -~- ' Enclosures CC: Mr. James Cosentino (w/o enclosures) Mr. Nat Siegel (w/o enclosures) Received by: City of Boynton Beach Planning and Zoning Department By: Its: G:tKdk002~Letter Hutson. Nov21 .wpd : c EXHIBIT 5 r--' ;L APP ICATION ACCETABLE DATE: BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE: PLANNING & DEVELOPMENT BOARD ~Ui ~LI~ 2 0 ~00I ~l!i' LAND USE AMENDMENT AND/OR REZONING APPLICATION . ." ''n. 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 LEGIBLY OR TYPE ALL INFORMATION. I. GENERAL INFORMATION 1 Project Name: Krispy Kreme - Boynton Beach Blvd. 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) Applicants Name (person or Business entity in whose name this application is made) Dynamic Doughnuts Florida Realty, Inc, Address: 4335 Genesee Street Buffalo, NY 14225 Phone: (561) 871-9602 FAX: Agent's Name (person, if any, representing applicant): Scott Barber and Gee & Jenson (Zip Code) (561) 344-0490 Address: One Harvard Circle West Palm Beach FL 33409 Phone: (56t) 515-6500 (Zip Code) FAX: (561) 515-6502 City'of Boynton Beach LAND USE AMENDMENT AN D/OR REZONING APPLICATION Page 2 6. Proper~y Owner's (or Trustee's) Name: Salvador and Norma Sentmanat Address: 633 NW 1stAve. Boynton Beach, FL 33426 (Zip Code) Phone: FAX: Correspondence Address (if different than applicant or agent)* *This is the only address to which all agendas, letters, and other materials will be mailed VVhat is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder. Developer, Contract Purchaser, etc.) Developer/Contract Purchaser 9. Street Address or Location of Subject Parcel: 633 NW ts~ Ave. 10. PCN (s) 08-43-45-29-01-002-0071 Legal Description of Subject Parcel: Lake Boynton Estates PL 1 WLY 15 ft of lot 7, lot 8 (less SR 804 & 1-95 PJW), East 10 ft of lot 10, Lot 11 & west of Iot12 BLK 2 11. 12. 13: 14. 15. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: Current Land Use Category: Residential Proposed Land Use Categery: Commercial Current Zoning District: R-2 Proposed Zoning District: C-2 .26 City of Boynton Beach LAND USE AMENDMENT AND/OR REZONiNG AP~LiCA~TION Page 3 16 17. 18. 19~ 20. Il. 21. 22. 23. Intended use of subject parcel: Fast food with drive thru Developer or builder: Dynamic Restaurant Operations of Florida, Inc. Architect: To Be Determined Landscape Architect: Gee & Jenson Site Planner: Gee & Jenson Civil Engineer: Gee & Jenson Traffic Engineer: Pinder Troutman Consulting, Inc. Surveyor: Avirom MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, Unless otherwise indicated: (please check) X a. This application form. X b. A copy of the last recorded warranty deed. X c. The following documents and letters of consent: (1) If the proper~y is under joint or several ownership: a written consent to the application by all owners of record, (2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and X (3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and __(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and __(5) If the applicant is a (~orporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation, X d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale City ~)f Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 4 prescribed by the Planning Division, and containing the following information: X Xf. Xg. (1) An accurate legal 'description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth(I/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at leas( four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. A copy of the Palm Beach County Property AppraiseCs maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying 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. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: 1) Whether the proposed land use amendmentJrezoning 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. 2) Whether the proposed land use amendmentJrezoning 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. 3) Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. 4) Whether the proposed land use amendmentJrezoning would be compatible with utility systems, roadways and other public facilities. 5) Whether the proposed [and use amendmentJrezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. Cit~, of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. A comparison of the impacts that would be created by development under the proposed zomng, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: (1) A comparison of.the potential square footage of number and type of dwelting units under the existing zoning with that which would be allowed under the proposed zoning or development. (2) A statement of the uses that would be allowed in the proposed zoning ordevetopment and any particular uses that would be excluded. (3) Proposed timing and phasing of the development. (4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of ddveway.s that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net tdps per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days pdor to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to .review by Palm Beach County, then the procedure and requirements outlined under item ~'a" above shall be followed. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONiNG APPLICATION Page 6 NOTE: Failure to submit traffic impact analysis in the manner prescribed above may. delay approval of the application. (6) For parcels largei-than one (11 acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection syster:n shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than f'dty (50) dwellings, or 50 sleeping rooms in the case df group housing, would be allowed under th& proposed zoning. (9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation. proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall alse state the type of construction anc architectural styles that witl be employed in the proposed development. (10)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. (b) Existing and proposed grade elevations. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. (11)For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall aisc be submitted. III. IV. (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required~ an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study)must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or ReZoning Application to the City. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Digision will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 8 V. CERTIFICATION (I) (We) understand that this application and all plans and papers submitted herewith become a pad of the permanent records of the Planning and Zoning Board. (l) (We) hereby certify thatthe above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our} knowledge and belief. This application will not be accepted unless signed according to the instructions below. VI. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. AUTHORIZATION OF AGENT Date ~ent (I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard to this application. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date Codes Accessed via Home Page ,~,~v. ci.boynton-beach.fl.us ~ww. amleqal.com/boynton beach fl .'Y OF BOYNTON BEACH, FLOPJD,~ PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE ~pplicafion Acceptance Date: :ee Paid Receipt Number ~as applicant attended a pm-application meeting? _ ,Date 'his application must be filled out completely, accurately and submitted as an original to the Planning and :oning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans mluding a recent survey and appropriate fee shall be subm tted with the app ication for the initial process of ]e Site Plan RevieTM procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. lease pdnt legibly (in ink) or type all information. GENERAL INFORMATION Proie~ Krispy Kreme - Boynton Beach Boulevard Applicant's name (person or business entityin whose name this application is made): Dynamic Restaurant Operations of Florida, inc. 650 S.W. Lake Charles Circle Address: Port St. Lucie, Florida 34986 (Zip Code) Phone: 561.871.9602 Fax: 561.34'4.0490 Name: Agent's Name (person, if any, representing applicant): Sco~ Barber, Gee A Jenson Engineers-Architects-Planners, Address: one Harvard Circle West Palm Beach, Florida 33409 Phone: 561.515.6500 Fax: 561.515.6502 (Zip Code) Pr0pe~yOwnefs (or T~stee's)Name: Salvador and Norma Sentmanat Address: 633 NW 1st Avenue, Boynton Beach, Florida 33426 Phone: Fax: (Zip Code) Correspondence to be mailed to agent only, if no agent, then to applicant unless a substitute is specified below:* o *This is the one address to ,,~hich all agendas, letters and other materials Wll be mailed. What is applicant's interest in the premises afected? (owner, buyer, lessee, builder, developer, contrac[ purchaser, etc.) Street address or location of site: 633 NW 1st Avenue Boynton'Bea~h,?Florida 33426 08-43-45~29-01-002-0071 PropertyControl #(PCN) Legal description of site: Lake Boyn~on Estates PL1 WL4 15 ft of Lot 7 (TS less SR 804) and 1-95 R/W El0 ft of Lot 10, Lot 1i and W 15 of Lot 12 BLK 2 Intended use(s) of site: Fast food with drive through 10. 11. 12. 13. 14. 15. 16. 17. 18. Developer or Builder: Architect: Landscape Architect: Site Planner: Engineer: Surveyor: Traffic Engineer: Dynamic Restaurant Operations of Florida, Inc. Gee & Jenson Engineers-Architects-Planners, Inc. Gee & Jenson Gee & Jenson ~_rrow Pinder Trout-man Has a site plan been previously approved by the City Commission for this property?. Estimated construction costs of proposed improvements shown on this site plan: $2 ~±ll±on SITE DATA ~e following information must be lilled out below and must appear, where applicable, on all copies of the site Land Use Cateqory shown in the Comprehensive Plan Zoninq District R2 Area of Site Total 1..o4 acres Total parcel sq. ft. Land Use -- Acreaqe Breakdown a, Residential, includin~c acres % of site surrounding lot area of grounds Recreation Areas * (excluding water area) acres % of site c. Water Area acres % of site d. Commercial 1.04 acres lOC % of site e. Industrial acres .% of site f. Public/Institutional acres % of site Public, Private and Canal dghts-of-way acres % of site h. Other (specify) acres % of site i. Other (specify) acres % of site Totalarea of site 1.o4 acres lOO % of site *including open space suitable for outdoor recreation, and having a by 50 ft. Sui'face Cover minimum dimension of 50 ft. Ground floor building . o9 acres 9 % of site area ("building footprint'") Water area --0- acres - 0 - % of site Other impervious areas, including paved area of public & pdvate streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. Total impervious 'area Landscaped area i. Total area of site Floor Area acres % of site .82 acres 82 % of site · 18 18 __ acres % of site inside of parking lots (20 sq.ft, per intedor parking space required - see Sec. 7.5-35(g) of Landscape Code)i Other landscaped areas,- o- acres - o- % of site Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas - o- acres - o- % of site Total pervious areas _ ' 3.8 acres 3_8 % of site 1.04acres 3.00 % of site Residential sq. ft. Commercial/Office 4,368 .sq. ft. lnd JstdalNVarehouse · sq. ft. Recreational sq. ft. Public/Institutional sq. ft. Other (specify) g. Other (specify) h. Total floor area Number of Residential Dwellinq Units Single-family detached Duplex sq. ft. sq. ft. sq. ft. 4,368 sq. ft. sq ft. (1) (2) (3) (4) Multi-Family (3 + atta[ ~,d dweliing units) Efficiency dwelling units 1 Bedroom __dwelling units 2 Bedroom __dwelling units 3+ Bedrobm __dwelling units Total multi-family -o- dwelling units Total number of dw'elling units Gross Density -o- dwelling units per acre Maximum heiqht of structures on site 25 feet 2 stories Required off-street parkinq a. Calculation of required number of off-street parking spaces. Off-street parking spaces provided on site plan 1 per 100 sf 54 Representative of the project must be present at all Technic, a] Review Committee, Planning and Development and City Commission meetings held to re,,iew this project. CERTIFICATION (1) (We) understand that this application and all papers and plans submitted herev~th become a part of the permanent records of the Planning and Zoning Division (1) ONe) hereby certify that the above statements and anystatements or showings in any papers or plans submitted herewith are true to the best of(my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee. of Authorized Principal if property is owned by a corBoration or other business enti~ AUTHORIZATION OF AGENT this application. Date as (my) (our] authorized agent in regard to . Signature of Owner(s) or Trustee, Date or AUthorized PrinciPa~i~roperty is oWned by a corporation or other bUSiness entity. Review Schedule: SPACE BELOW THIS LINE FOR OFFICE USE ONLY Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Received Date Date Date ~ulations of Final Approval: ~er Government Agencies/Persons to be contacted: :,chat Remarks: ~EPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TRC, P&D AND MEETINGS HELD TO REVIEW THIS PROJECT. RIDER TO SITE PLAN APPLICATION he undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that plans, specifications; drawings, engineering, and other data submitted v~th this application for review by the ity of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties esignated, appointed or emplo~d by.the City of Boynton. Beach, and any such party reviewing the same shall =.fy upon the accuracy thereof, and any change in any item submitted shall be deemed material and ubstantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data /hich may be approved by the City of Boynton Beach, or its boards, commissions, staf or designees shall be onstructed in strict compliance with the form in which they ~re approved, and any change to the same shall be eemed material and shall place the applicant in ,,iolation of this application and all approvals and .permits ~hich may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as pro',ided for by the pplicable codes and ordinances of the City of Boynton Beach to bdng any violation into compliance, and the pplicaiit shall indemnify, reimburse and save the City of Boynton Beach harmless from anycost, expense, laim, liability or any action which mayadse due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this _~TH. day of ~-'~ ~ ~itness "~~ Apphcant~~~ id'." ' Receipt .~ber: ~--'- ~pplicant attended a pi-e-application meeting? Date: 'CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD CONDITIONAL USE APPLICATION TE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Division (two (2) ~ of application required). OJECT NA1V[E:_ Krispy Kreme Boynton Beach Blvd_ Scott Barber and Gee & Jeenson EAP~Inc. ~ENT'S NAME: One Harvard Circle )DRESS: West Palm Beach;., FL 33409 (561) 515-6641 {ONE: (561) 515-6502 Dynamic Doughnuts of Florida WNER'S NAME: rtru~e~ 4225 Genesee Street, Buffalot NY 14255 At~n.~ DDRESS: (716) 634-2121 (716) 634 - 6059 ~RO/ECT LOCATION: 633 NW 1st Ave, Boynton Beach, FL 33426 inot legal description) PCN NUMBER: 08-43-45-29-01-002-0071 CORRESPON'DENCE ADDRESS: (i£different than agent or oxvner) *This is the only address to which all agendas, letters and other materials will be forwarded..-- e: No. te Submitted: CONDITIONAL USE APPROVAL APPLICATION oplicant'sName: Dynamic Doughnuts of Bo_~nton Beach. Inc. )plicant'skddress: 4225 Genesee Street Buffalo, NY 14255 (716).634-2121 lo~e: ~x: (71 ,6) ~ .6~4.-6502 ;galDe$cription: LAKE BOYNTON ESTATES PL 1 WLY 1~ FT OF LOT 7 ¢T8 LESS SR804 & 1-95 R/W), E 10 FT OF LOT 10, LOT 11 & W 15 OF LOT 12 BLOCK 2 .-ojectDescHption: Fast food with Drive thr~ (Doughnut Shop- ghe Owner has hereby designated the above-signed person to act as his agent in regard to this petition. To be executed when Owner 'designates another to act on his behalf.) The following infprrn~tion must be filled out below and must appear, where applicable, on all Copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: Commercial and residential (residential is currently undergoing a zoning change to commercial) Zoning District: C2 and R2 (R2 is currently undergoing a zoning reclassification) Residential, including lot area or grounds Recreation Areas * Area of Site acres sq. ft 45,302· z] LandUse--AcreageBreakdown: Commercial 34,000 sf +/- and Residential 11,470 sf +/- · 26 acres 25 % of site surrounding (excluding water area) -0- acres -o- % of site c. Water Area -o- acres -o- % of site d. Commercial 1.04 acres lOO % of site e. Industrial -o- acres -o- % of site f. Public/Institutional -o- acres -o- % of site g. Public, Private, and Canal Rights-of-Way -o- acres -o- % of site h. Other (specify) Utility easement .03 acres . oooo6 % of site i. Other (specify) acres % of site j. Total area of Site 1. o4 acres 100% of site Including open space suitable for outdoor recreation, and having a minimum dimension of 50 bY 50 ft. · Surface Cover h. Total Floor Area 4,368 sq. ft. Number of Residential a. Dwel!inq Units -0- Single-Family Detached __ Duplex dwelling units dwelling units Multi-family (3 + attached dwelling units (1) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units Total Multi-Family Total Number of Dwelling Units. dwelling units Gross Densit -0- Maximum ~eicht of Structures stories Dwelling Units per Acre on Site . 25 feet 2 Recuired Off-Street a. b. C. d. e. Parkinq Calculation of Required Parking Spaces Off-Street Parking Spaces 54 Number of Off-Street Parking Spaces 54 Provided on Site Plan 54 4o .IDER TO SITE PLAN APPLICATION 'he undersigned as applicant for Final Site Plan Approval does hereby ~cknowledge, represent and agree that all plans, specifications, [rawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the ;arious boards, commissions, staff personnel and other parties iesignated, appointed or employed by the City of Boynton Beach, and ~ny such party reviewing the same shall rely upon the accuracy ~hereof, and any change in any i~em submitted shall be deemed na~erial and substantial. The undersigned ~ereby agrees that all plans, specificatip, ns, J - data which may Dc =~ q ' nees _in~s, engineering aha .other ,_ commissions, staff or ~eslg ~' ~ ~,~ton Beach, or sts ooara~ .... with the form in whi~h~the~ y o~ =~=tructea in strict co~l~ii~=hall be deemed mater~a~ a?? ,ll De ~= i -- -=-nde to the ~=~= ~ -:cation ~n~-a!± ~ =~roved, a~d any.u~m ~. · ---ion of this app~ ' ~- ~e a~pllcant !n v!O~ = ~11 place ~ 5~- ~ich'may be granteu- orovals aha per~lu~ --~ .e applicant agrees to allow uhe City of BostOn Beach all rights ~d remedies as provided for by the applicable codes and ordinances : the City of Boston Beach to bring any violation into co~tiance, ~d the applicant shall inde~ifY, rei~urse and save the City of )ynton Beach ha~less from any cost, expense, claim, liability or ny action which may arise due to their enforcement of the same. E~, Ac~O~EDG~ AGREED TO this _ ~ T~ day of__~~~g- % .. .... NOTICE TO APPLICANTS FOR REZONiNG AND/OR LA~-D USE ELEMENT ~MENDMENT cONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE Ail applications received by the City of BoyntOn Beach after AuguSU 1, 1985 shall be accompanied by mailing labels with ~he names and addresses of all property owners within four hundred (400} feet o.f uhe subject property. ApplicationS will not be accepced without? these mailing labels. :ACT: P/LLM BEACH COUNTy PROPERTY kP~RAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 F I D A V I T rE OF FLORIDA ) ) .~TY OF PALM BEACH ) BEFORE ME THIS DAY PERSONALLY APPEARED , WHO BEING DULY SWORN, 0SES AND SAYS: That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all properny owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property with Four Hundred (400) feet of the below described parcel of land. property in question is legally described as follows: ATTACHED EXHIBIT "A" .THER AFFIANT SAYETH NOT. )rn to and subscribed before me this A.D.. 20o I day of : ;rV-Pu ic Ground Floor.Building 4,368 sq. Area ("building footprint") b. Water Area -o- site ft. 9 % of site sq. ft. % of Other Impervious Areas, including paved area of public & private streets, pave area of parking lots & driveways (excluding landscaped areas)and sidewalks, patios, decks, and athletic courts 32,822 sq. ft. % 72 of site d. Total Impervious Area 37,190 sq. ft. 82 % of site eo fo Landscaped Area Inside of Parking Lots (20 sw. ft. per interior parking space required--see Sec. 7.5-35(g) of Landscape Code). 3,370 sq. ft. % of site go Other Landscaped Areas, excluding Water Area 877 .sq. ft. % of site Other Pervious Areas, including Golf Courses, areas, Yards, and Swales, but excluding Water Areas 0 sq. ft.. % of site Natural h. Total Pervious Areas 828 sq. ft. % of site i. Total Area of Site 45,470 sq. ft. 100% of site Floor Area Residential b. Commercial/Office 4,368 sq. ft. c. Industrial/Warehouse sq. ft. sq. ft. Recreational . sq. ft. Public/ Institutional sc. fT. f. Other (specify) sq. ft. g. Other {specify) sq. ft. · ' EXHIBIT 6 "~CigrOodes Accessed via Websit~ www. bo3,nt~,. ~oeachi%r www. amlcgal.comJbo) w _ _~ HAS APPLI.CANT ATTENDED A PRE-APPLICATION MEETING? DATE: CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section !1 below, in two (2) copies to the Planning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY or TYPE ALL INFORMATION. I. GENERAL INFORMATION 1. 2. Project Name: Krispy Kreme - Boynton Beach Blvd. Type of Application (check one) a. Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezoning only Date this application is accepted (to be filled out by Planning Division) Applicants Name (person or Business entity in whose name this application is made) Krispy Kre~e of South Florida, LLC Address: 4225 Genesee Street .~uffalo, NY 14225 Phone: 716-634-2121 FAX: Agent's Name (person, if any, representing applicant Gee & Jenson c/o Scott Barber (Zip Code) 716-634~6059 Address: One Harvard Circle West Palm Beach, FL Phone: 561-515-6641 33409 (Zip Code) FAX: 561-515-6502 City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 2 6. Property Owner's (or Trustee's) Name: See' Exhibit "A" Address: (Zip Code) Phone: FAX: Correspondence Address (if different than applicant or agent)* *This is the only address to which all agendas, letters, and other materials will be mailed What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Contract Purchaser 9. Street Address or Location of Subject Parcel: Four parcels all bein9 South of Boynton Beach Blvd. Having a mailing addres~ of 633 ATW lst-Ave. ;~015 S. Ocean Blvd. Apt 4H; 1501 NW 2nd Ave. and 3015 So Ocean Blvd., No.404 ' 10. PCN (s) 08-43-45-29-01-002- (0071) and (0090) and (0101) and (0300) Legal Description of Subject Parcel: See Exhibit "B" 11. 12. 13: 14. 15. 16 Area of Subject Parcel (to nearest hundredth (1/100) of an acre: Current Land Use Category: Proposed Land Use Category: Current Zoning District: Proposed Zoning District: Intended use of subject parcel: ~¢~4 ~enti_~l Commercial R-2 C-2 .62 acres Fast Food City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 17. 18. Developer or builder: Krispy Kre~tle of South Architect: Pete= Russo 19, Landscape Architect: Gee & Jenson 20. Site Planner: Gee & Jenson 21. Civil Engineer: Gee & Jenson 22. Traffic Engineer: Pinder, Troutman Consulting, Inc. 23. Surveyor: Avirom & Associates, Inc. II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall ~)e submitted in two (2) copies, unless otherwise indicated: (please check) This application form. A copy of the last recorded warranty deed. 7(2) /3) The following documents and letters of consent: If the properb' is under joint or several ownership: a written consent to the application by all owners of record, If the applicant is 8 contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and /d //(5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: (1) An accurate legal description of the subject ~arcel. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 4 (2) A.computation of the total acreage of the subject parcel to the nearest hundredth, (1/100) of an acre. Jg. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. Il h.(12) of this application if property '~s occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shalt be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shail be accompanied by an affidavit stating that to the best of the applicant's knowledge said list Is complete and accurate. Notification of surrounding · property owners will be done by the City of Boynton Beach. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying 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. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezonmg applications: 1) Whether the proposed land use amendment/rezonmg 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 2) Whether the proposed land use amendment/rezoning would be contrary to the established 'and use pattern, or wouid create an isolated district unrelated to adjacent and neamy districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the oublic we fare. 3) Whether changed or changing conditions make the proposed land use amendmentJrezoning desirable. 4) Whether the proposed land use amendmentJrezoning would be compatible with utility systems, roadways and other public facilities. 5) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacen~ and nearby properties or would affect the property values of adjacent and nearby properties, 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the prcposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the - ~ ty as a whole City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 8) Whether. there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. A comparison of the impacts that would r~e created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the ~mpacts that would be created by development under the existing zoning, which will include: (1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. ~2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (3) Proposed timing and phasing of the development. (4) (5) For proposed zoning of property to commemial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would se generated under the current zoning; also, ar analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, s traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000.) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outtined under item "a" above shall oe followed. NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with Water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 6 the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zomng. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a regmtered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be req aired where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed, zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site' lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering [he proposed development shall be providec At the request of the Pla qning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will oe employed in the proposed development. (10)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation se~ice classification by soil associations and al areas subject to inundation and h 'gh ground water levels. (b) Existing and proposed grade elevations. (c) Existing or oroposed water bodies. (d) Form of ownership and form of organization To maintain common spaces and recreation facilities. (e) A written commitment to the orovision of all necessary facilities for storm drainage, water supply, sewage collection and treatmenT, solid waste disposal. hazardous waste dis 2osal, fire 3rotection easements or rights-of-way, roadways, recreation and park areas, school sites, and other public mDrovements or City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 dedications as may be required. (11~For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. Ill. IV. ('J2) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmenta: Impact Study) must be submitted to the Palm Beach County Department ,pr Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution The Planning Division will inform the applicant as [o [he fees which are required. All fees shall be paid by check, 2ayable to the Ci[Y of Boynton Beach. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. City Co~es Accessed Via Website ~ww.bovnt~n-beacb.org -~wv~w. amlegaL com/boynton beach CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS .& MAJOR MODIFICATIONS TO EXISTING SITE PLAN Has applicant attended a Pm-application meeting? ,Date This application must be filled out completelyr accuratelyand submitted as an odginal to the Planning and the Site Plan Review procedure. AN INCOMPLETE.SUBMiTrAL WILL NOT BE P Please print legibly (in ink) or t~pe all information. Krispy Kra~e - Bo~nton Beach Blvd GENERAL INFORMATION 1... Project Name: 2. Property Owner's (or Trustee's) Name: See o Address: (Zip Code) Phone: Fax: Applicant's name (person or business entityin whose name this application is made): Krispy Kr6~Qe of South Fln~'~a, LLC Address: 4225 GeheS~e Street, B~ffalo, N~w York 1427~ Phone: 716-~3;~121 Fax: 716_634_605~Zip Code) If contract purchaser, please attach contract for sale and purchase. Agent's Name (person, ifany, representing applicant): Gee & j~ c/o Scott Ba -r-her Address: One ~ Circle, West Palm B~%, FL 33409 ('Zip Code) Phone: 561 515-6641 Fax: 561 515-6502 Correspondence to be mailed to agent only;, if no agent, then to applicant unless a substitute is specified below:" *This is the one address to which all agendas; letters and other materials ~11 be mailed. What is applicant's interest in the premises afected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Street address of location of site: Four parcels all bein9 South of Boyntc~ Beach Blvd. Having a mailing address Of 633 NW 1st Ave. ;3015 S. Ocean Blvd., Apt. 4H; 1501 NW 2nd Ave. and 3015 S. Ocean Blvd., No. 404 PropedyControJ #(PCN)_ 08-43-45-29-01-002 - (0071) an~ (0090}and (0101) and (0300) Legal description of site: See Exhibit "B" 10, Intended use(s) of site: Fast Food Doughnut Shop with a drive-thru II. 11. Architect: Pete.~ Russo Landscape Architect: C~ & Jenson Site Planner: Gee & Jet'Son Engineer: Gee & Jen,.~n 12. 13. 1~. 15. Surveyor: Avirc~ & Associates, Inc. 16. Traffic Engineer; Pinder. Troutman co~.m~le~nq: 17. Has a site plan been previously approved by the City Commission for this property?, Yes J'[i i!' NOV I 2001 81TE PLAN Ud L ii -- The following information must be tilled out below and must appear, where app icable On alLcopJes of the site plan. - Land Use Categowshown in the Comprehensive Plan: Be.~g- ¢~:~ngecl 'co Zoning District: R2 Area of Site Tcrba~ 1;04 acres To~'l !,~-ccq sq. ft. 4. Land Use -Acreage Breakdown: a. Residential, including surrounding lot area of grounds b. Recreation Areas * (excluding water area) c. Water Area d. Commercial '1. o~ e. Industrial f. Public/Institutional g. Public, Pdvate and Canal rights-of-way acres % of site acres .% of site acres % of site acres 100 % of site acres .% of site acres % of site acres % of site Other (specify) Other (specify) Total ~rea of site acres % of site acres % of site 1.04 100 -acres % of site *including open space suitable for outdoor recreation, and ha~ng a minimum dimension of 50 fit. by 50 fit. 5. Surface Cover Ground floor building. area ("building footprint") .09 acres 9 .% of site Water area -0- acres -0- % of site Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic cour[s. acres % of site d: f. g. h. L Total impervious area .82 82 acres % of site Landscaped area .18 18 acres % of site inside of parking lots (20 sq it per intedor parking space required - see Sec. 7.5-35(g) of Landscape Code). Other landscaped areas, -D- -0- . acres % of site Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas -0- acres -0- % of site Total pervious areas .18 acres .18 % of site Total area of site 1.04 100 acres % of site Floor Area ao Residential Commercial/Office IndustrialANarehouse sq. ft. sq. ft. ~ sq. ff. d. Recreational sq. ft. f. g. h. Public/Institutional Other (specify) Other (specify). Total floor area Number of Residential Dwellinq Units a. Single-family detached b. Duplex .sq. ft. sq. ft. sq. fit. sq. fit. sq. ff. sq. fit. ?J! NOV2I 2001 10. c. Multi-Family (3 + attached d~lling units) (1) Efficiency (2) 1 Bedroom (3) 2 Bedroom (4) 3+ BeSroom d. Total multi-fami!y e, Total number of dwelling units Gross Density. -0- dwelling units per acre Maximum height of structures on site 25 Required off-street parkinq ac Calculation of required # of off-street parking spaces. 1 per 100 sf Calculation of required # of handicap parking spaces dwelling units dwelling units dwelling units dwelling units dwelling units feet 2 stories Off-street parking spaces provided on site plan 54 Number of handicap spaces provided on site plan REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. : ,. NOV 2 I 2001 4 CERTIFICATION (1) (We) understand that this application and all papers and plans submitted here~gth become a part of the permanent records of the Planning and Zoning Division (I) ONe) hereby certify that the above'statements and any statements or shovings in any papers or plans submitted herewith are true to the best of(my) (our) knowledge and belief. This application will not'be accepted unless signed according £o the instructions below, IV. Signature of Owner(s) or Trustee, of .................. Authorized Principal if property is owned by a corporation or other business enti~ Date ~-ure of contract purchaser (if applicant) Date ,/ AUTHORIZATION OF AGENT (I) (We) hereby designate the above-signed person as (my) (our) authori~d agent in regard to this application. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. OR ~i'a u e of contract purchaser (ifapl~i~nt) Date Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. NOV 2 .RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings; engineering, and other data submitted ~/th this application for review by'the City of Boynton Beach shall be reviewed by the various boards, commissions, staf¢ personnel and other parties designated, appointed or emp o~ed by the City of Boynton Beach, and any such party rev ewing the same shall rely upon the accuracythereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, star or designees shall be constructed in strict compliance ~ith the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in ,~olation 0f this application and All approvals and perm ts which may be granted. The applicant agrees to allowthe City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the 'City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton. Beach harmless from any cost, expense, claim, I[ab ty or any action which may arise due to their enforcement of the same. LEDGED AND AGREED TO this ~?J5¢L day of ~Od~ (~ ~2 ,20 ~'t. EXHIBIT 7 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUIVI NO. PZ 01-222 TO: FROM: THROUGH: Chairman and Members Plann/ng and Development B~,~/~. Dick Hudson, Senior Planner/~ Michael W. Rumpf~ ~'~- Director of Planning and Zoning DATE: December 10, 2001 Project/Applicant: PROJECT DESCRIPTION Krispy Kreme of South Flor/da, LLC Agent: Scott Barber / Gee & Jenson, Inc. Owner(s): Salvador and Norma Sentmanat, Anthony Marmino, August Vultaggio, Giuseppe Vultagg/o and Pietra LoPiccolo Location: Four parcels all being south of Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street). Having mailing addresses of 633 NW 1u Avenue, 3015 S. Ocean Boulevard- Apartment H, 1501 NW 2nd Avenue and 3015 S. Ocean Boulevard- No. 404. West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit A) File No: Land Use AmendmenffRezoning (LUAR 0 t-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. Page 2 File Number: LUA.R 01-008 Krispy Kreme Doughnuts 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 classified Industrial (I) and zoned Light Industrial (M-t) (the locations of Lloyds Auto Eleclzic and Foster Oil). South: Right-of-way ofNW 1't 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 s~ze 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 Deparirnent of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Tl'fis amendment request presents a unique situation. The property is being assembled from property owned by six individuals. The western property consists of vacant land totaling +0.78 acre and is bisected from north to south into two Iand Use classifications and two zoning districts. The western portion of approximately +0.42 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 +0.26 acre parcel to the east is currently under separate ownership (Salvador and Norma Sentmanat) 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) su'ucrure (See Exhibit "B"). 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 staffanalysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. 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 density exceeding 50 in the hurricane evacuation zone without written' approval of the Palm Beach County Emergent. Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts 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: "The Future Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate al1 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 shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses ora highly specialized nature, which have special location or site requ/remants, 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 m exceed the proportion of commercial acreage on the Palm Beach County Futare 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 ail other applicable comprehensive plan policies." The subject property is not located w/thin the hurricane evacuation zone. Rather than increase residential densities, the requested amendment w/Il reduce the total number of existing housing stock by two units. The request will add a total of +27,000 square feet to the existing commercial node that exists on both sides of Boymon 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 +18,000 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. 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 ro 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 ownership 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 w/th the city's landscaping (e.g. barrier) requlremems, ensure that impacts of commercial developments on residential developments are ameliorated. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts c. I7~ether changed or chano~ng conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d. Y/berber the proposed use would be compatible with utility systems, roadways, and other public facilities. The parcels, which are the subject of this land use amendment, total 0.62 acre. Only applications involving parcels larger than one (ID acre are required to include comparisons of water demand and sewage flow estimates. The Palm Beach County Traffic Division has reviewed the traffic study ['or 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-tums 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-tums out of the project site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated January 6, 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning 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 perrrdtting authorities must be demonstrated. Whether the proposed rezoning would be compatible with the current and future 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 +18,000 square foot portion of the property currently designated for commercial development without leaving minimal land available for buffeting 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 reasonably related to the needs of the neighborhood and the city as a whole. Page 5 File Number: LUAR 01-008 Krispy Kreme Doughnuts The subject rezoning and subsequent use of the property would represent a positive contribution to the commercial corridor of Boynton Beach Boulevard. h. t~r'hether 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 (I-95) that this location provides. CONCLUSIONS,CRECOMMENDATIONS 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" ATTACHMENTS LOCATION MAP EXHIBIT "A" 400 400 800 ~1200 Feet PROPERTY MAP EXHIBIT "B" '~. '..'i~ I_~ t.~, kJ~i ,,.:...,, ~.-.....:,-I. I,-'.1 !.~, . .,..~1~. ! ":."I.~' --'. :.1/? '[ --'~:'" ,-d:'".'&!.-' .."' "'. .i "' AVENUE :.l NOT 'I"'o ..S ,¢~t.,.E '. I ~I f"9'"l''~° Ii ~ ~---~-.-~-~ ' ' AVENUE '...:-~'-'"'-' ~ '.~,. ~1'42~[1~.~.~~~:'.t'.~:1~'~':' t .',~,~ :~ '~ ...... '*~'"'*' r. UUJ EXHIBIT 8 SURVEYOR'S AFFIDAVIT STA3?E OF FLORIDA ) ) SS CO~X~TY OF P~ BEACH ) BEFORE ME, the undersigned authority, personally appeared IVffCHAP. L D, AVIROI~ a daly regist:r~ surveyor and mapper under Ihe laws of the Sta~c of Florida, Florida, l~gistration No, 326& 0he "Mfi:m~"), who upon being duly sworn upon oath, deposes and ~ays: i. Ex hibit "A" attached hereto is the legal description prepared by thc City of Boynmn Be~tch Plannin g and Zoning Division for the property to be designa~:l u oder the Land Use Amendment and Rezoning Applicaion, 2. Exhibit B attached harem h~ghhghted and cn~s hatched with green Imea graphically depicts the leg~,l description in attached Exhibit "A". FURTHER AFFLANT SAYg-TH NAUGHT: / Professional Land Surveyor Florida Registration No~ 3268 AVIROM & ASSOCIATES, ]NC. LB NO. 3300 SWORN TO AND SUBSCRIBED befor~ nm this , 21st deyof November ,2001byMICHA!~!D. AVII~OM, who personally appeared before me and who is personally known to me. Print Name: Lisa C. Rogers Notary Public, Sram of Florida My commission expires: EXHIBIT "A" LEGAL DESCRIPTION The Eastedy 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westedy 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, FIodda; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and -95 Right-of-Way) Block 2, LAKE BOYNTON ESTATES PLAT ;I, all accord ng to the Plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida. O:t, Kfik002\E,'chibit A.Sent-Man.wpd t a¥iN~t AS::;OGIA',"E$ ]~ 'rgb: , 394 7~2,5 P. 002 Plannir ' g & Zoning Division F CSIMILE CiTY OF BOYNTON I~EA.C,H City Hall, West Wing 100 E. Boynfon Beach Bird, P,O, Box 310 Boynton Beach, Florida ~342.5 (561) 742-6260 (561) 742-6259 Fax. NUMBER OF PAGES: (including ~..~.~,.~'--.:.. ~...~November 13 200_1 . ~ coverl ,-',, ~.;.L~ abra p;~reel, de. cfi. bed aa: i .......... . ' -..- = ~ ~ and the "'A!i'of Lots 10, tl, S2, t~a west 15.00 feet of Lot 12 ann a, mat pomon o~ ~.,.,=,_,.., ..-.. , .,..- w;a~t .:~.oo feet of Lot 7 lytn!t south of State Road 804 right-of-way, EliOYNTON ESTATES PLAT 1 ,32 of the Public Records of PE a~oordlng to the Plat thereof as recorded In Plat Book ~,3, Page ',m Beac~ County, Florida. EXHIBIT 9 PLANNING AND ZONING DEPARTMENT MEMORANDUM ~94-160 SITE PL~-N REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION COMMUNITY REDEVELOPMENT ADVISORY BOARD COMMUNITY REDEVELOPMENT AGENCY June 7, 1994 Applicant: Location: File NO.: NWSP 794-003 Land Use Plan Designation: Zoning Designation: C-2 Type of Use: Number of Units: Square Footage: DESCRIPTION OF PROJECT: Augy's Restaurant Plaza Anthony Mannino and Joe Vultaggio Augy Vultaggio' 640 W. BoynEon Beach Boulevard Neighborhood Commercial Restaurant plus undefined commercial sp~ce N/A Site: 34,277 sq. ft. Building: 6,623 sq. ft. Surrounding Land Uses an~ Zoning District: North C-2 - Boyn~on Beach Boulevard with ~ Texaco gas station across the sureeE (farther north) South R-IA - Single-family houses across N.W. let Street East C-2 and R-2 - Approach to 1-95 on north and apartments on south of lot C-2 - Commercial (medical office) building is vacant and has West Existing Site Characteristics: The proper~¥ little ground cover or landscaping. Proposed DevelopmenE: A new 6,623 square foot building consisting of a 2,888 square foot restaurant and 3,775 square feet of commercial space still uo be determined, along with site improvements, uo be built on vacanE land (34,277 square feet) au 640 W. Boyn~on Beach Boulevard; south side of Boyn~on Beach Boulevard across the street from the Texaco gas station a~ IndusErial Avenue and Boyh~on Beach Boulevard Concurrency: Concurrency certification is required as part of slue plan approval of the projecE. Commercial pro]acrs require certification for traffic and drainage levels of service only. a. Traffic The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Dralnage The City of Boynnon Beach Engineering Department has indicated approval of drainage when 'drawings are revised to address their comments. / Site Plan Review F94-160 Page 2 of 2 Driveways: TWO, two-way drives are proposed One of the two-way drives (north side of property) provides access onto SR 804 (Boynton Beach Boulevard) and is restricted to right turn only, into and out of the driveway. Due ~o an existing median within Boyn=on Beach Boulevard, no access from or to, eastbound lanes is able to be made directly from this site. The-second, two-way drive provides access =o and from N.W. 1st Avenue (south side of property). Parking Facility: Fifty (50) parking spaces are provided (48 standard and Two handicap). The city code requires 48 spaces, two of which must be handicap. Landscaping: The applicant ms prgviding perzmeter and parking site landscaping per code. Please see landscape plan. Building and site Regulations: The site is located in the C-2, Neighborhood Commerci~I, zoning district and conforms ~o the district requirements. The "yet to be determined" retail space mus= be reviewed against code requirements aE time of occupant selection. Coa%munity Desig~ Pla~: The site is located in spanish Design District. The building meets District requirements. the Mediterranean the Mediterranean signage: Signage is shown in Exhibit "A" and mee=s the szgn code requirements. REVIEW OF DEPARTMENTAL COMMENTS: Below is a list of those departments that have commenEs regarding this request. DEPARTMENT Public Works Utilities Fire Police Engineering Building Parks & Recreation Forester/Environmentalist Planning and zoning ATTACHED MEMORANDUM Memorandum NO. 94-145 Memorandum No. 94-116 No Comment No Comment Memorandum dated June 7, 1994 The Engineering Department's commenus can be met on building permit application drawings note that Palm Beach County Traffic Engineering has approved the revised traffic s~atemen=. Similarly, Building, Forester, and Planning and Zoning commenus can be met on building permit application drawings. RECOMMENDATIONfS): NOTE: The Planning and Zoning Departmen= recommends approval of this site. plan request, subject 5o the permit plans for the pro3ect being amended to show compliance with staff comments and the applicable City of Boynzon Beach Code of Ordinance. a:memo94-160 a:STAFFRE~.P&D Z --4 ENGINEERING DEPARTME~ MEMOP~NDUM NO. 94-1~5 TO: FROM: DATE: RE: Tambri Heyden Planning & Zoning Director Vincent A. Finizio Deputy City Engineer May 17, 1994 Technical Review Committee Comments Au~y's Restaurant Plaza (2nd Review) Planning Department File No. NWSP 94-003 The Engineering Deparumen= for the City of Boynton Beach, Florida is in receipt of the amended plans for the 2nd review of the above referenced projsc=. The City Engineer has requested that I correspond with you and notify you of the following: $ 1. Reference Engineering Department Memorandum No. 94-117, dated April 20, 1994 with attached Lawson, Noble & Associates, Inc. memo dated April 18, 1994, the applicant has not complied with City Engineer's comment #1 and shall therefore depict upon plans a break in curbing to allow drainage conflict in curbing length between civil/architectural plans at the parking facility's southeast corner. 2. Comment #2 of the City Engineer's memo regarding an inlet located in conflict with a live oak tree on plan sheet A-2 has no= been resolved by the applicant. Additionally, I herein forward to you a May 10, 1994 letter from Mr. Dan Weisberg, P.E., SeniorRegistered Civil Engineer with Palm Beach County Traffic Division indicating that the County has several technical problems wit~ the study. As a condition of approval, the Engineering Department recommends that this issue be resolved prior to this project moving forward =o the reviewing Boards. The amended plans for 2nd review are herein returned pursuant City policy. Vincent A. Fin~zio VAF/ck C: AUGYREST. TRC xc: Ron Last, P.E., City Engineer attachment: PBC May ~0, 1994 letter from Dan Weisberg, P.E. EXHIBIT 10 Gee & Jenson Celebrating 50 Yea~ of Design Excellence JUSTIFICATION STATEMENT FOR KRISPY KREME BOYNTON BEACH BOULEVARD 8/20/01 Dynamic Donuts of Boynton Beach, Inc. is submitting a Land Use Amendment and Rezoning application to change a Residential parcel zoned R2 to a Commercial parcel zoned C2. The .26 acre parceI is located outside of the Commtmiry Redevelopment Area, approximately 600 feet west of Interstate 95 on the south side of Boynton Beach Boulevard across from West Industrial Avenue. If approved the site will be included in a Conditional Use submittal for an existing vacant 34,000+ square foot C2 zoned lot to the west, and will be utilized as a parking lot area for a proposed fast food restaurant with a drNe4hm. The site is currently developed as the western most residential lot in a line of six duplex lots between Interstate 95 and the vacant 34,000 square foot lot. The applicant is interested in obtaining this small lot to increase the useable area of the vacant C2 zoned lot to 1_+ acre. The addition of the this site and it's location across from W. Industrial Ave. will allow the proposed fast food restaurant developmem to be more traffic efficient. If approved the .26 acre site will become a portion of the commercial node extending from just north of SW. 8th Street to 1-95, on the north and south sides of Boynton Beach Boulevard. One Harvard Circle, We$t Pahn Beach, FL 33409-1923 T(561) 515.6500 1e(561) 515.6502 KHXSPy K P._Eb~ - EXHIBIT 11 ..... _... Krispy Kreme Land Use AmendmentfRezoning 10 (Ten) Reasons Why Application Should Be Denied 1. Increasing land parcels change outside what was described on the original application is not consistent with the CITY's codes. Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9.,C.,(12) states "Afier notice of the vubtic hearin~ has been trublished or notification has been mailed to surroundin~proverrv owners, the application mag notre modified before finai adoption of the ordinance to rezone, so as to include any areas outside of the parcel described on the origlnalapplication .... increase the floor area or number of dwellings .... Ail such chanees reauire a new application. Changes which decrease any Of the impacts.., may be requested by the applicant.., without requiring a new application." The application was modified from .26 acres (original application) to .62 acres, and the building size changed from 4368 s.f. (original application) to 4680 s.f. after notice was mailed to surrounding property owners. 2. The Applicant does not justify why the existing residenlial property is unsuitable for development under the existing zoning and more suitable for development under proposed zoning. Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9.,C.,(2), 4., g., requires the applicant to include a justification statement of why the property is unsuitable for development under the existing zoning and more suitable for develolyment under the proposed zoning. The applicant does not and cannot provide an explanation why the property is unsuitable for development under the existing residential zoning. The property which contains an already developed duplemis proof the property is developable under the m'rent land use/zoning designation~ 3. The proposed land use amendmentJrezonlng is not consistent with the applicable comprehensive plan. Changing the property to a commercial designation and zoning is contrary to Obiecfive 1.17, PoHev L19.6. and Policy lA7.1, of the Comprehensive Plan which discourage additional commercial uses beyond those currently shown on Future Land Use Map. According to the City's Comprehensive Plan, the Future Land Use Plan for the City will accommodate all ofthe anticipated demand for commercial land through build-out. Policy 1.19.6, Land Use Element, "... The CitF shall not allow commercial uses unless a particularpropert~ is unsuitable for other uses. or a geographic need exists which cannot be fulfilled by existing commercial-zoned property, and the commercial use would comply with other applicable comprehensive plan policies." The City's staffreport indicates this application is viewed as a minor boundary change. A minor boundary change is not warranted under the comprehensive plan because, according to City Staff, the driye-thru fast food restaurant can be placed on a number of sites elsewhere in the city where development of the proposed use would not necessitate a land use amendment/rezoning or downgrading of a neighborhood. A minor boundary change, as proposed, is also not warranted because the existing vacant lot as a whole can adequately accommodate commercial development. This is as evidenced by the previously proposed site plan called Augies Restaurant, deSigned by a licensed Florida engineer and recommended by the City's staff. The Augies Restaurant proposed site plan shows the vacant lot of this application is of sufficient size to allow for adequate development. The propen-y of the existing residential duplex is suitable for development and use under the existing zoning. 4. The application is incomplete as to comparison of water demand and sewage flows. Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9.,C.,(2), 4., h, (6) and (7) required a comparison ofwater demand and sewage flows generated under existing zoning compared m proposed zoning since the total parcel (not rezoned portion) is larger than one acre. Neither are included in the application. 5. The application is incomplete as to the required projection for the number of employees. Boynton Beach, FL Code of Ordinances, Part III, Land Development Regulations, Chapter 2 Zoning, Section 9.,C.,(2), 4., h, (4) requires projections for the numbers of employees for proposed commercial zoning of a property where the area of the subject parcel exceeds one (1) acre. The applicant has not included this projection. At the Planning and Zoning public hearing the applicant informed the board that ninety (90) employees would be employed. With three shifts, that is thirty (30) employees per shift. There is inadequate onsite parking with only 53 parking spaces since the proposed restaurant is to have 43 seats and walk-up ordering. 6. The proposed land use amendments/rezoning are contrary to the established land use patterns. The proposed land use change is contrary to the established land use patterns. The current residential property of this application is abutted by a residential neighborhood to the east and south. Increasing the intensity of the use for the property of the application is contrary to those residential properties. The existing developments to the west, while zoned C-2, are developed as low intensity professional offices and meet C-1 zoning requirements. The businesses operate 8:30 to 5:30, Monday through Friday, and provide a low intensity buffer from the heavily used Boynton Beach Blvd. The professional offices creates no negative effects to the residential neighborhood. Krispy Kreme proposes a 7 days a week, 24 hour drive-thru fast food restaurant. A drive-thru fast food restaurant will create the perpetual burden of loud noise late at night and early in the morning. This is contrary to the established land use pattern which currently buffer the residential neighborhood, rather than bringing an intense commercial use into the neighborhood. 7. The City's staff report indicates "there are no changed or changing conditions that make the proposed rezoning desirable." The reason for land use amendments is to improve the overall quality of growth and development in the City. According to the City's staff report, this application provides for no conditions that make the proposed rezoning desirable. 8. The proposed land use amendmenffrezoning will negatively affect the property values ~o the east and south. The proposed land use amendments/rezoning will negatively affect the values due to the proposed use of drive-thru fast food restaurant that will operate 7 days a week, 24 hours a day. A drive-thru restaurant generates considerable loud noise at all hours of the night from customers and delivery trucks. Most people chose not to live close to an all night drive-thru restaurant because of the considerable noise and moderate lighting that is required and thus, it is reasonable to expect that property values will be negatively affected for the adjacent and nearby residential properties. The proposed buffering and landscape do not adequately mitigate the negative impacts of the loud noises, fumes from drive-thru vehicles and trucks, and required lighting. The current land use/zoning designation causes no negative affects to property values to the east and south. 9. The property is physically and economically developable under the current zoning. The property with the existing residential duplex is curr~ly developed under the current land use/zoning designation and thus, both physically and economically developable under the current zoning. The vacant property is also physically and economically developable which is demonstrated by a previously proposed site plan for an Augies Restanram. Krispy Kreme is requesting the change so it can build a much larger development than otherwise permitted. Granting Krispy Kreme's request mounts to granting a special privilege. 10. There are adequate sites elsewhere in the city for the proposed use, in districts where such uses are allowed. The City's staff report states that there are a number of sites elsewhere in the city where the development of the proposed use would nor necessitate a land use amendmenffrezoning or downgrading ora neighborhood. The Comprehensive Plan Policy 1.19.6, Land Use Element states, "The Ci~ shall not allow commercial uses unless a particular property ts unsuitable for other uses, or a geographic need exists which cannot be fulfilled bv existing commercial-~,onedpropertv, and the commercial use wouM comply with other applicable comprehensive plan policies." The oniy justification for the land use amendment/rezoning application is that Krispy Kreme jus~ wants to be right off 1-95, they need a larger site than is currently available with the vacant lot, and don't warn To go to other available sites within the city. REGARDING KRISPY KREME PUBLIC CITY OF BOYNTON BEAClZl-- -RARING INTER'OFFICE MEMORy, ..... TO: FROM: Kurt Bressn_er__. -. - City Manager Major Grah~ DATE: 12-28-2001 FILE: SUBJECT: Crime Stats REFERENCES: Waffle House ENCLOSURES: In reviewing our called for services we find 1 noise disturbance since June 1, 2001. Vlew Hit: First Last Next Prev Hlt-iist View-q~a~lve Supplement-print Got hit 'f' from page ~ Current-record-print Quit GAD Incident Information Inc #: 01047658 Time: 0130 Town Code (Municipality): Location Entered: NAFFLE HOUSE Inc Type Code: 22N DISTURB Needed: p Pti: 3 Reported By: Phone: RP Addr: Notes> LOUD MUSIC IN THE AREA/NAY SE FROM A CAR > ANON CALLER Section/Page: CAD Data 1 Date: 09/30/2001 Call Taker: PRIN Modifier: Desc: How Recvd: POLICE: Disposition: NRP NO REPORT TAKEN Attention: Report Due By: 706 Detectives? THONASRA Geoprocessor Feedback (Location Forced? ) Correct Location: NAFFLE HOUSE / 700 N BOYNTON BEACH RLVD StAddr: 700 N BOYNTON BEACH BLVD & Apt. #: Loc Name: NAFFLE HOUSE Bus. Type: RESTAURANT Sector: 7 Na~k: Area: PGeo: aA: 703 <Next Screen>: Units; <Select>: Other Sections