O97-34ORDINANCE NO. 097 -,.~',~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING
THE REZONING OF AUTOCARE CENTERS OF
AMERICA (HEISE PCD - APPLICATION No. 97-001);
AMENDING ORDINANCE 91-70 OF SAID CITY BY
REZONING A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM C-3
(COMMUNITY COMMERCIAL DISTRICT) TO PCD
(PLANNED COMMERCIAL DEVELOPMENT DISTRICT);
AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILTY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance O91-70, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, Anna Cotrell of Anna S. Cotrell & Associates, Inc., agent for
· Autocare Centers of America, contract purchaser, has heretofore filed a Petition,
pursuant to Part III of the Land Development Regulations, Chapter 2, Zoning of the
City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land,
said land being more particularly described hereinafter from C-3 (Community
Commercial District) to PCD (Planned Commercial Development District); and
WHEREAS, the City Commission deems it to be in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of Boynton
Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof,
be and the same is hereby rezoned from C-3 (Community Commercial District) to
PCD (Planned Commercial Development). A location map (Exhibit "B"), a reduced
version of the corresponding Master Plan (Exhibit "C"), and the Conditions of
Approval (Exhibit "D") are attached hereto and made a part of this Ordinance by
reference.
Section 2: That the aforesaid Revised Zoning Map of the City shall be
amended accordingly.
Section 3: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
Section 4: Should any section or provision of this ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 5: This ordinance shall become effective upon adoption.
FIRST READING this ,6' day of,~/.,'~, 1997.
SECOND, FINAL READING AND 'PASSAGE this ~ day of ~,~1~;.!1997.
CITY OF BOYNTO ~.~C~, FLORIDA
~ayor
t.;ommlssloner
ATTEST
City Clerk
Commissioner
Ex'~.ibit "A"
_L_~gAI. DESCRIIrrioN:
A parcel of lend in alGtlon, 32 t~wnshlp ,1~ south, mngl 43 tilt, C:lty of Boynton
Beech, Palm Beach Count,/, Florida, being more pertlouilrty dmlgribed al follow;
From the Nonhwalt comer of ~lid section 32, alid comer being on the olntorline of
the t20 foot right-of-way of Congre,~ Avenue; thenrm nm Iouth 01 ° 23' 24' emit,
along the west line of said eection 32, for · clletin~e of 961.12 feat; thence run north
87°40. 08" eaet along · line 961.00 feet ~outh of and lalreilM with, al mealured at
right angle~ to, the north line of .aid section 32, for a dlatin~e of g3.S'/feet, to the
point of beginning of the pm~el of land hereinafter dem:Hbed; thence continue
north 87°40'0~' gait, along the ialt described ~ouml, for a dlitanGe of 36t.48 fesc
thenc~ run north 0' 23' 24" welt, along · line 41S~O feet esot of end pamllM with, ae
meaaured at right angles to, the Md weat line of ~e(rlJon 32, for · dlltan~ of 694.08
feet; thence run Iouth 8T°40'D8" wt, Mono · line 387.00 feet ~omh of end parallel
with, aa mealured at ri~lt angle~ to, the Mid north line of eeotion 32, (elm) being
e4.ClO feet aouth of the c~ntorilne of Woolbrlght road) for · dllmmm of 11T.30 feet;
thence run south 01 ° 23' 24' eeet, along · line 297.72 feet Mt of and parallel with,
aa measured at right angles to, the ,aid we~t line of ~l(don 32, for I dlltance of
200.00 feeC thence run south 87°40'0S" we~t. ~long · line 556.9T feet south of and
parallel with, ii mealumd at right anglel to, the esid north line of ieotlon 32, for a
.dlatanoe of 22t.T~ feet; thence run south 0'23'24# ~ along a line Tg.00 feet emit of
and parallel with, aa meamJmd at right engle~ to, the laid wiat line of rotation 32, for
a dimnce of 200.00 Met; thenrm run eouth 02' 16' 19# wee, for · distance of 194.69
Met, to the point of beginning and containing :3.8:332 aorel more or leal.
Exhibit "B"
LOCATION MAP
, 1/8
4()0. '800
MILES
FEET
I Cl:4-- tt
EXHIBIT "C"
C
C
0
Land Use
Office
Zoning
C-1
Ex~-ltng
Pump Island
Existing
AmOCo / McDonolct$
Woolbright Road
Typical Parking Detail
E
eE
Land Use
High Density Residential (12.8 Du./Ac.)
Zoning
R1AA-PUD
EXHIBIT "D" Conditions of Approval
Project name: Heise PCD
File number: REZN 97-001
Reference: The plans consist of 8 sheets identified as 2nd Review, Rezoning. File #REZN 97-001
with a May 15, 1997 Planning and Zoning Division date stamp marking.
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1. The Utilities Department requests a meeting with the project
engineer to discuss alternate connection points to the existing
water
and
sanitary sewer systems. The Utilities Department ~J
strongly recommends a gravity connection to the existing sewer,
v
southeast of the parcel.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
2. Provide a master stormwater management plan as specified in V//
Chap.3, Art. IV, Sec.3T.
3. Provide a generalized statement of subsurface conditions plus ,~'
location and results as they affect the site. [Chap.3, Art. IV,
Sec.3P]
4. Obtain Palm Beach County approval to outfall into the Congress V/
Ave. storm sewer system.
5. All comments (except 6 and 7) shall be met prior to permit V/
issuance.
6. All documents submitted shall be signed, sealed and dated by the V'/
appropriate design professionals per F.S. 471.025.
7. Owner shall provide the city with an acceptable hold harmless /'
letter to insure against any errors or omissions on the survey
submitted by R.L Yaught & Assoc., Inc.
Page 2
Heise, PCD
File No. REZN 97-001
8. It is recommended that 8' sidewalks be constructed around the
building and wheel stops be eliminated due to tripping hazard. '~'~' "4~,.~'
9. It is recommended that loading zone screen walls be eliminated
and areas striped appropriately (requiring an appeal to the
Community Design Plan to be filed). Walls will impact safe and ~ ~'-4/-~
efficient traffic circulation.
10. It is recommended that the project not be considered by the
Planning and Development Board if items 6 and 7 are not 1/"
submitted prior to the Board meeting.
11. In order to facilitate entrance to the site from the adjacent high V/
speed arterials, all ingress driveway widths shall be 14' wide.
BUILDING DIVISION
Comments:
12. Since the site and building signage depicted on the plans does not
reflect code specifications regarding color, size, style or type,
either amend the plans to show the specifications in compliance
with the code or place the following note on the master plan and V"
building elevation drawings: "See sign program for specifications
regarding site and building signage." [Chapter 21 - Sign Code,
Article IV, Section 7]
13. Amend all plan view drawings to show compliance with the Florida
Accessibility Code regarding an accessible path leading to the
entrances of the buildings from the existing sidewalk located within ,~'
the abutting right-of-way. [Chapter 20 - Building, Housing and
Construction Regulations, Art. I, Sec. 5 of the City's Land
Development Regulations]
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments:
14. The applicant must submit a tree survey and a tree management
plan for the project and indicate on the landscape plan which
/
trees will be preserved, transplanted, or removed and replaced.
These trees are in addition to the trees required by the
Landscape Code (Environmental Regulation, 7.5, Sec.4, p.2,
Sec. 12, p.3).
Page 3
Heise, PCD
File No. REZN 97-001
15. The applicant must submit landscape and irrigation plans for that
portion of the Congress Avenue grass median which abuts the V,'/
site. Comprehensive Plan, Policy 2.4.5, p.42. in compliance with
the landscape design policy and an existing landscape design for
the median can be obtained by contacting the City Forester.
PLANNING AND ZONING
Comments:
16. Code amendment approval allowing automotive uses on parcels of
3 acres, or more in PCDs (Planned Commercial Developments), is
necessary prior to rezoning approval.
17. Submit a deed that contains a legible legal description. V/
18. Complete the submitted "Comparison of Impacts" by indicating the
proposed water consumption and sewer generated for the subject V,/'
project.
19. Submit the original of the signature page of the application (with
original signatures of the property owner and agent) to supplement
V
the copies submitted.
20. Submit a legal document that constitutes evidence that the entire
site is under unified control as required for PCD rezoning
applications. [Chapter 2 - Zoning, Section 6. F. 3. Of the Land
Development Regulations] The legal document shall be titled
"Unified Control Document". The document shall, at minimum,
contain the following statements:
a) I property owner of /'
the property described within the attached Exhibit "A" and
Exhibit "B" declare that that this document shall bind in
perpetuity all heirs, assignees, successors and future property
owner or owners, if any, to develop, operate and maintain said
property under unified control, in compliance with the City of
Boynton Beach Code of Ordinances and conditions of
approval of all Development Orders or Development Permits
issued for the property, without recourse to the city or any
other public agency. The name or title of the entity
responsible for developing, operating and maintaining the
subject property under unified control shall be
This entity shall be identified on
the plat and plat dedications with the signatures of the
controlling party or parties identified on the plat. This
document shall not be amended or modified without written
consent from the City of Boynton Beach City Attorney or
Page 4
Heise, PCD
File No. REZN 97-001
attorney designated by the city attorney.
b) Exhibit "A" shall include the recorded deed or deeds of all
properties included within the subject request and the deeds
shall include the legal description of each property.
c) Exhibit "B", shall include a separate legal description of the
entire property included in the subject request. Where
applicable, the legal description shall combine all individual
properties that are part of the request into one legal
description. The legal description shall indicate the total acres
and be signed and sealed by the surveyor of record for the
project. The surveyor shall certify that the legal description is
a correct representation of the property identified in Exhibit "A"
and is the same property identified for the
__ PCD property request to rezone the subject property from
Community Commercial, C-3 to a Planned Commercial
Development (PCD) zoning district, as identified in the
application submitted to the City of Boynton Beach on March
5,1997.
d) The original executed and notarized document shall be
submitted to the city for review by the city attorney.
21. The building design shall meet the Community Design Plan, v/
including the location of overhead doors so they are not facing the ~-~- ~
street.
22. Provide consistency regarding depictions of setback requirements /
for the site. The required front yard (facing Congress) setback in a
V
PCD is 40 feet. Dimension all building setbacks.
23. On the master plan, show required setback along Woolbright V,/'
Road.
24. Provide consistency with regard to the name of the project. Master .V,/
plan shows Boynton Shoppes, PCD and shows Heise PCD.
25. Provide a unity of title document for Tract "A" and Tract "B". V/
26. It is recommended, that the south perimeter landscape buffer ./,'
contain, at minimum, ground cover, a three foot high berm, a six
foot high concrete block wall, clusters of three shrubs or palm
trees every 30 feet, a 36 inch high hedge and canopy trees 12 feet ~-~- ~
tall with a maximum spacing of 30 feet on center. The north, east
and west buffer shall be the same as the north buffer, but without
the wall. Fifty (50) percent of all the landscape matedal in each of
the above buffers shall be native Florida species.
Page 5
Heise, PCD
File No. REZN 97-001
27. Include a vicinity sketch, as required by the code, showing existing
development on adjacent properties in the immediate vicinity of the V'
subject site and existing natural features.
/
28. Provide statement of the subsurface conditions. 'V'
29. Indicate location of all proposed easements. V'"
30. Eliminate conflict between proposed utility and access easement
and the proposed 25 feet wide peripheral greenbelt at the southern
end of the property by abandoning and relocating the easement. If V
the easement can't be abandoned and relocated, separate the
buffer location from the easement.
31. Indicate the use of the portion of the property immediately east of
the Woolbright Road egress/ingress driveway. If this area is to be
an open space it is recommended, that the egress/ingress
driveway location be moved approximately 22 feet east to a more
central location of this part of the parcel. Also, it is recommended
that this entrance be appropriately landscaped to beautify the
entrance from Woolbright Road to the development.
32. Connect the retail and service buildings with a decorative archway ~/'
that would allow vehicle passage. Archway may exceed 23 feet ~ ~,
in height.
33. It is recommended that continuous (except where vehicular and 1,,/
pedestrian connections) foundation landscaping be provided along
the north, south and west building elevations.
34. It is recommended that the front of the building(s) be moved back
(approximately 10 feet) from Congress Avenue to align with the
McDonald's/Amoco building and that the additional distance gained
be located along Congress Avenue to increase the width of the
west buffer.
35. It is recommended that Spanish "S" tiles (terracotta blend),
comparable to those used on McDonald's/Amoco be added to the
building..
36. It is recommended that a stucco wall finish painted beige, antique V/
white or another close-matching color combination similar to ~.~--~/
McDonald's/Amoco be used..
37. It is recommended that trim or accent colors be changed to match ~-~
the blue used on McDonald's Amoco.
Page 6
Heise, PCD
File No. REZN 97-001
38. It is recommended that awnings be covered with Spanish "S" tiles.. ~__.~ '"-.~..~
39. It is recommended that the building height not to exceed 23 feet v'/
(the McDonalds-Amoco Gas Station is approximately 21 feet). ~'~'-~-~',~
40. Three copies of the master plan, rectified to address all conditions /'
of zoning approval, shall be submitted prior to site plan approval or
V
plat submittal.
41. If the recommendation #31 regarding the Woolbright Road
egress/ingress driveway is not approved, align the egress/ingress V/'
driveway and the internal driveway in the central part of the
property to improve safety of the internal vehicular system.
42. It is recommended that the trim, arches, pillars and scoring
proposed on the west elevations be extended to all other
elevations.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
43. Reword Comment #8 to read as follows: It is recommended that
along the west side of the building there be a five foot wide ./'
sidewalk and a two foot wide planting area which will require that
the building move one foot to the east.
44. Delete comment #9 V"
45. Reword comment # 21 to read as follows: The building design
shall meet the Community Design Plan and no overhead doors or V,/
automotive service doom shall face the street, regardless of the
way the doors open.
46. Reword comment #26 to read as follows: It is recommended, that
the south perimeter landscape buffer contain, at minimum, ground
cover, a three foot high berm, a six foot high concrete block wall,
i/
clusters of three shrubs or palm trees every 30 feet, a 36 inch high
hedge and canopy trees 12 feet tall with a maximum spacing of 30
feet on center. The specifications for the north, east and west
buff.em shall be determined at time of site plan review.
47. Reword comment # 31 to read as follows: Indicate the use of the
portion of the property immediately east of the Woolbright Road
egress/ingress driveway. Also, it is recommended that this
entrance be appropriately landscaped to beautify the entrance from
Woolbright Road to the development.
48. Reword comment #33 to read that foundation landscaping shall
be provided along the north, south and west elevations where
Page 7
Heise, PCD
File No. REZN 97-001
practicable.
49. Delete comment #34.
50. Delete comment # 35.
51. Delete comment #36. ,,,~'~-~'-,~"~'
52. Delete comment #37. v'/
53. Delete comment #38. V/
54. Building design shall be compatible with surrounding architecture.
55. Reword comment #39 to read as follows: It is recommended that ~,/
the building height not exceed 30 feet.
ADDITIONAL CITY COMMISSION CONDITIONS
56. Delete comment 32.
57. Delete comment 51.
58. Revise comment 46 to change 3 foot high berm to an average 18
inch high berm and change 36 inch hedge to 24 inches.
TJH/dim
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