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Eckerd at Target Commerc... (2)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Eckerd at Target Commercial Center Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc. 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): 33309 Request Conditional Use approval for a pharmacy with drive-through facility. 1895 North Congress Avenue 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. The Applicj,ant -,"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". o The Applicaj~t's application for relief is hereby ,,"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 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: S:\Planning\SHARED\WP\PROJECTS\Eckerd Drugs Pre Location Map Eckerd Drugstore EXHIBIT "A" NIC PUD PUD C3 QUANTUMJ~ARK ~ ~PI~D '- MOTOROLA PID CONGRESS AVEN'UE- (O.~.B. 1290/5~9, ECKERD '1~ NO~ CONI~E~ AVENUE. J,T I / //~.~ *,. "x,,%%,. ~. ._"-~ .~. EXHIBIT "B" I ~ ~ ~l[~l,~.- ~ ~ ~ ~h '~ ~ I F~~ - - ~ ~L / ' ~. _. I ~l ~~.~ .... ~,-~- '~ ,, ~ ~ "- : ~ '~ ~ ~ ~ Il "~./.X. ;' ~ , . ~/~ I , ~,. I . .I. _ . ~ I . _ CONGRESS AVENUE ~- ~- ~ (o.~.~. ~29o/5m. P.a.c.R.) I''11 ' ~ ~ -'--- '-' ":"'I'II' ,,, ~..,-.,,~l..' '-"'~ EXHIBIT "B" , CONGRESS AVENUE (O.R.R. 1290/§19, P.B.C.R.) ii F ECKERD J NOI~H CONI3REE8 A~F__ II .iii [. ~ t i , ,H~iJ'J EXHIBIT "B" lr 1l""~.."2~, Il :STORE NO. 396 I KENT D. HAMILTON, A.I.A., ARCHITECT I~J I~~ ~'~"",~"'~m~'~ J .....2. ~.,,..~m .o~. ..... ~o.- .,,~...,,~-. .... .~- ,~o~,, - ~o.- .,~..~-,~,,o~I _ ~AP_ Jl ~ 8gs N. C0NGRESS_ ........... AVE.. BO¥~TON B~^CH. ~L0~IDA ~ i~"A~o3.1 /IKENT D. HAMILTON, A.I.A., ARCHITECT EXHIBIT "B" STORE NO. 396 895 N. CONGRESS AVE., BOYNTON E~'ACH, FLORIDA ( ""= OON~:t~SS AVDr. NUE EXHIBIT "B" ~.~.'T ';!1 EXHIBIT "B" CONGRESS AVENUE EXHIBIT "C" Conditions of Approval Project name: Eckerd ~ Target Commercial Center File number: COUS 03-001 Reference: 2nd review plans identified as a Conditional Use with an April 1, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742-6200) X regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION 2. Add a general note to the site plan that all plans submitted for specific permits X shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 3. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). 4. Provide a lighting plan showing that the site meets the minimum site lighting X requirements of the LDR, Chapter 23, Article II, Section A. 5. On the site and civil plans, show and identify all necessary traffic control devices X (including existing traffic control) such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings B-98001 and B-90013 for striping details. FIRE I COA 04/21/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 6. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 9. The cross-section representing the two (2) landscape berms is inadequate to X screen the drive-through feature. At the time of permitting, provide a more detailed cross-section of the two (2) proposed landscape berms, accurately showing their dimensions. The cross-section shall also include the following: plant species, plant spacing, plant specifications, and plant quantities. 10. At the time of permitting, on the landscape plan (sheet LA-l), show the health X condition of all of the existing trees and vegetation along the perimeter of the site. All missing, dead or poor health condition trees / vegetation must be replaced throughout the site. 11. The existing landscape plantings along Congress Avenue should be increased in X number or substituted with alternate plant species in order to visually buffer the drive through facility from the public right-of-way (Congress Avenue). At the time of permitting, submit a revised landscape plan that meets the intent of Chapter 9 - Community Design Plan. COA 04/21/03 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. This project requires conditional use approval for the drive-through facility. X 13. The site plan (sheet C-2) tabular data is incorrect. The required parking for the X Eckerd store is based on gross floor area, not gross leasable area. For consistency, revise the parking data on sheet C-2 to indicate that 124 parking spaces are required for Parcel "A" and 769 parking spaces are required for the entire commercial center. 14. The east landscape buffer (along Congress Avenue) shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 15. The newly created drive through landscape island shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 16. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is to X be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 17. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 18. To be determined. ~ ~ MWR/elj (~ S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\COUS 03-001 @ Target\COA.doc EXHIBIT "D" Memorandum To: Planning and Zoning Department City of Boynton Beach From: Erik Jon Wilczek, P.E. Date: March 28, 2003 Subject: Eckerd Conditional Use Justification for Approval File Number MPMD 03-002 The following is a justification memo for the approval of the Conditional Use for Eckerd Drug Store from Chapter 2, Section 11.2.D. of the City of Boynton Beach Land Development Regulations. The bold text following each item from the code is provided by the applicant in response to the code. D. STANDARDS FOR EVALUATING CONDITIONAL USES. 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 faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for slxeets, 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 not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, 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 provision has been made concerning the following standards, where applicable: 1. 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. The existing building will be utilized, and there will be no changes to the ingress and egress. Per staff comment and to enhance the project, a handicap accessible connection from the building to the sidewalk in the COngress Avenue RfW is proposed. -~ 2. Off-street parldng and loading areas where required, with particular attention to the items in subsection D. 1. above, and the economic, glare, noise, EXHIBIT "D" and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. No additional parking will be added as part of this submittal. Loading area will be in the same area as previously approved. It will be brought to code in dimension, improving the interface with traffic flow. Additional landscaping has been added to the site to reduce effects of loading area. 3. Refuse and service areas, with particular reference to the items in subsection D. 1. and D.2. above. The dumpster enclosure will be screened per code with wall and landscaping. 4. Utilities, with reference to locations, availability, and compatibility. NA, existing utilities will be used. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The existing landscaping will be increased to buffer the drive-thru and enhance the character of the building. Native species will be the majority of plant material. All trees will be greater than 12' in height at planting. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The only additional lighting will be recessed lighting under the 4' pedestrian canopy that is directed down. Therefore, there should be negligible impact to the roadway or neighboring properties. 7. Required setbacks and other open spaces. NA, the project will occupy the existing building and the reduction in pavement basically equals the new pavement. 8. General compatibility with adjacent properties, and other property in the zoning district. The architectural elements of the adjacent buildings have been incorporated into the building fagade. Specifically the 'western' roof element from the adjacent Target store has been incorporated, as well as the replacement of the fabric canopies to barrel tile roof canopies. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The existing one-story structure will be used. All additional fagade features will be consistent with adjacent buildings. .... EXHIBIT "D" 10. Economic effects on adjacent and nearby properties, and the city as a whole. The impact should be negliable; the existing use is commercial, the proposed use is commercial. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The plans have been reviewed by City staff and will conform to the City. stantards. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of ordinances. The proposed will comply with City noise ordinances. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: NA a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the .surfaces of ceilings, walls, windows, and floors and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment.