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LEGAL APPROVAL s u~_) ,iJ1ie City of . $oynton ~eacfi 100 'E. 'Boynton 'Beadi 'Boulevartf P.O. 'Bo'{.310 'Boynton 'B~Ii., 1"foritIa 33425-0310 City 1faf[: (407) 375-6000 1"JllX: (407) 375-6090 ......~--' July 18, 1996 Michael Carey Carey Company, Inc. P.O. Box 4545 West Palm Beach, Florida 33402 Re: Riverwalk File No: Location: Shopping Center f.k.a. Causeway Shopping Center COUS 96-003 East side of Federal Highway, 150 feet south of Woolbright Road ( 1600 S. Federal Highway) Dear Mr. Carey: Enclosed is the City of Boynton Beach Development Order regarding approval of your request for conditional use approval. Should you have any questions concerning this matter, please feel free to contact this office at (561) 375-6260. Sincerely, -d2~Ji^h- &L 9J-~. Tambri J. Heyden, AICP Planning and Zoning Director TJH:dar Enclosures xc: Central File a:develord.riv ~merica 's (jateway to tfu (julfstream DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA c:tc2.: YL:a-~ '" u,,-/7 (j ~ rn w rn ill nlBIE PLANNING AND ZONING OEPT. APPLICANT: RIVERWALK SHOPPING CENTER F.K.A. CAUSEWAY SHOPPING CENTER APPLICANT'S AGENT: Michael Carey DATE OF HEARING BEFORE CITY COMMISSION: July 16.1996 TYPE OF RELIEF SOUGHT: Request for conditional use approval to add a drive-throuoh window to the west end of the Waloreen's druo store. a new 4.115 square foot restaurant on a leased outparcel and 10.130 square feet to the east end of the shoppino center; demolish 11.061.95 feet of floor space to replace with parkino: demolish 5.000 square feet of mezzanine within the east buildino; and modify the existino driveways and parkino layout. LOCATION OF PROPERTY: East side of Federal Hiohway and 150 feet south of Woolbrioht Road (1600 S. Federal Hiohway) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 1. 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 Appli98nt .!L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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 the notation "Included". 4. The Applicant's application for relief is hereby -L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. 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I '--' ",. , ~" ' I i" 1J t: a ; \ \' . 1\_,1 1 ~ ; ~ .--., 'IL ' \ II~. ," ~ n.l. -- , iil. ~.. ~ ' ~I:!~~ t..:\" 'll_ II! 1=-cr;;:I--:i I · ~L-;" P I _ -\V H!II 9 ":::.: : .J;" ,~~_. . .. .I~. ur~":" ~:::::.{ \. , ",or:-. \~1~1\ Till \ I \II \ frr' '~3 R eC ' ~, ~; .' L - '.J ' ~.r'QJ I 1 1 \ I ;:lrn"" \~ ~... ,1 ~ ,r '" I . \ \ \ \ \' _' ~r:: '1' r \., \ - o 400. 800 fEET _ _ - , ,,~. r . ~ ..: \_. PLA.fo!.'.... o. ..... r. ~-" ~ I \ ~ " . ",__.. ..' "(~I.;t;l. ,,1''' EXHIBIT "0" Conditions of Approval Project name: Riverwalk Shopping Plaza a.k.a. Causeway Square File number: CO US 96-003 Reference:The plans consist of 8 sheets identified as 2nd Review. Conditional Use Approval. File # COUS 96-003 with a June 7. 1996 Planninq and Zoninq Department date stamp markinq. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: l. The dumpster enclosure located at the northeast corner of Winn-Dixie'needs ~ to be reconfigured so it faces south. This will allow sanitation equipment easy access, as well as providing a much safer approach. 2 . The dumpster enclo~ure located at the j outbuilding in the northwest corner needs to be turned more to the east to allow access by public works vehicles. UTILITIES Comment!;: None FIRE Comments: 3 . It is recommended that the old entrances and exits from the center be ( redesigned pursuant to the TRC parking. lot variance recommendations to better serve the project. A redesign could al80 provide adequate "throats" at entZOAnces. POLICE Comments: 4 . It is recommended to change the traffic flow on the access aisle j located west of the Walgreens tenant g space to one-way southbound and change the parking layout from 900 to diagonal designed parking spaces. ~ This design would alleviate traffic "7 crossing in front of on-coming traffic ~ that is entering the drive-through lanes. 5. It is recommended that the existing south driveway located on US No. 1 be I widened to allow large inbound delivery vehicles to access the site without conflicting with vehicles exiting the site. An alternative is to change the traffic flow at the . - driveway and along the rear of the south building to one-way westbound. ENGINEERING DIVISION Comments: 1'-1 Page 3 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPP.RTMENTS INCLUDE REJECT 19. Parking lot driveways must be 180 feet j from intersection of right-of-way lines except at local streets. Chap. 23, Art. 11, para. H3, pg. 23-8 20. Major driveways must have 100' clear I' to first access aisle. Chap. 23, Art. IIH5, pg. 23-9 21. Close access to IIFirst Federal S & L I Bankll . Chap. 23, Art. I I, 1(2), pg. 23-9 22. Provide required fire lane markings I' and signage. Chap. 23, Art. IIM, pg. 23-9 23. Demolition permit will be required. V SBC 103.1.1, pg. 6 24. It is recommended that the width of the three east/west aisles west of the proposed Winn Dixie store be reduced j from 30' to 27'. Reduce the width of the aisle in front of Walgreens from 30' to 24'. Use the surplus width to create two or three pedestrian paths between the wheel stops for a safe access path from the parking lot to the Winn Dixie store. 25. Provide engineer's certification that / the seawall is structurally sound and. needs no repair. 26. It i. recommended that IIRight Turn f Only. markings be installed on the Woolbright outer lane from U.S. No. 1 to the first driveway subject to County approval. 27. It is recommended removing the three / parking stalls next to the striped pedestrian path from the IIMajor 3" building to Winn-Dixie and align the path with the existing sidewalk. BUILDING DIVISION Comments: 28. After reviewing the plans for the j subject project, Building Division's first review comments on signs still remain. The size of the sign shall include the square footage within the border and must be shown on the plans for approval. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: If, Page 5 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPARTMENTS 33. Modify the site plan and landscape plan at the following interior property line locations to show a continuous landscape strip that is a minimum of 2.5 feet wide. Also specify and show on the landscape plan that within the landscape strip there is a continuous hedge that contains hedge material that is spaced a maximum of 2 foot on center and at time of installation the plants are 18 inches tall: i. south property line between the west end of the existing hedge on the abutting property to the south and th~ landscape area west of the dumpster area located along the south property line (Note: The dumpster is located within an easement, relocate the structure) and 34. ii. the southeast corner of the site east of Local Retail "A". The applicant has requested to use the existing hedge on the adjacent prcperty to satisfy the on-site abutting property perimeter landscape requirement. The request is for two areas as noted on the site plan and landscape plan. One area is along the south property line starting at the southwest corner of the site and extending east approximately 315 feet. The other area is the interior property line where the subject site abuts the south and east sides 'of the adjacent bank property located at the corner of U8#1 and Woolbright Road. The city forester made a field inspection of these areas and has indicated that the existing landscape area and hedges are acceptable with the exception of some openings in the hedge along the north property line of the site that is adjacent to the south property line of the subject property. In order for the applicant to receive credit for existing landscape areas located on the adjacent site the missing plants shall be installed. The applicant shall indicate on the site plan and landscape plan what will be done to enable the nonconforming area to meet the landscape strip and landscape material requirements. /8 INCLUDE REJECT j / Show and identify on the site plan a symbol that represents the location of the curbing required to protect the landscaping. The location and type of curbing shall comply with city codes and standards. Modify the plans to show compliance with the final determination of the parking lot variance, file number PKLV 96-002, regarding the distance an on- site access aisle is located from the right-of-way line at the west major driveway on Woolbright Road and the north major driveway on US#l. Also indicate with a note the file number (PKLV 96-002) and the date the City Commission made the final determination. 43. Add to the site plan a typical striping detail drawing showing the J regular and handicapped parking space \I striping in compliance with the city's standard drawing B-90012. Page 7 Conditional use approval Riverwalk Shopping Plaza CO US 96-003 DEPARTMENTS 40. Add to the site plan a legend that identifies the non-labeled symbols depicted on the site plan. If there are site lighting poles located with the parking areas, show, identify and dimension the size of the pole base. The base of a site lighting pole is the only structure that may encroach into a parking space. The number of encroachments allowed per parking space is one (1) and shall be located in the front corner of a space. The plan view shape of the encroachment is a triangular area. The maximum size of the triangular area shall not exceed a triangle with a base and height of more than one (1) foot. Remove all other encroachments, such as trees. It is recommended that the landscape areas, shown on the landscape plan, that include a tree and encroach into a parking space be moved to the areas identified as basket corrals. 41. 42. .zo INCLUDE REJECT J $EE tOltlm~r 13 j j Page 9 Conditional use approval Riverwalk Shopping Plaza caus 96-003 DEPARTMENTS 47. The following sign criteria is recommended for the site (this criteria has been established consistent with the community design plan regulations) . i. Color - Color of the sign faces for all signs shall be limited to white, black, bronze and red. ii. Style of the signage - The style of signage for all signs shall be limited to channel letters. iii. Style of lettering - The style of all lettering shall be limited to and match the style depicted on the submitted drawings. Nationally registered copy is also allowed with written verification of national registration. iv. Non-word depictions - Non-word depictions incorporated within the signage or separately shall be limited to 20\ of the area of the sign. The style of the non- word depicted signage shall be incorporated into a box sign. v. Location of site and wall signage - The location of the signage shall comply with the regulations specified in the sign code and community design plan. vi. Size of site and wall signage - The maximum overall vertical height of all signage comprised of a single line of copy or multiple lines of copy shall not exceed 5' 6". This overall height includes the height of non-word depiction signage. vii. Illumination - All signage, including non-word depiction signage, shall be internally illuminated. viii. Trim cap and returns - It is recommended that the trim cap and returns of all signs match. Specify on the plan the color of the trim cap and returns. ix. Color of mounting fixtures - It is recommended that the color of the mounting hardware match the color of the wall or surface the sign is mounted on. J~ INCLUDE REJECT / Page 11 Conditional use approval Riverwalk Shopping Plaza CO US 96-003 DEPARTMENTS INCLUDE 52. Identify on the site plan and landscape plan the location, size and type of easement of record and the new easements proposed for the site. Please note that trees are not allowed ~ within an easement. Amend the landscape plan accordingly. 53. Show and dimension on the landscape j plan a line-of-sight triangle on the north side of the south ingres~/egress located on US No.1. Add to the site plan symbols, notes and dimensions that identify the location and width of the proposed sidewalks leading to the building from the adjacent right~of-way and sidewalks at the outparcel building. An abandonment and relocation of the utility easement located in the northeast corner of the proposed future expansion of the Winn-Dixie tenant space will be required prior to a permit being issued to add building square footage in this area. Prior to construction of the drive- through lane and window, permit plans shall be modified to comply with Ordinance 96-31 (current regulation for drive-up or walk-up windows) or a complete appeal application for relief from the community design plan shall be filed and approved by the Commission. Show and specify on the landscape plan, hedges (18 inches tall and 2 foot on center) on the subject site along the west and north property lines of the land identified as N.I.C. that is abutting the southeast corner of the subject site. Also show and dimension the 2.5 foot wide landscape strip that is part of the required landscaping. 58. Modify landscape note number 6 as follows: "If quantities differ between the plan and material schedule, the spacing specifications J identified on the plan shall govern. Requests to change the location of material, planting specifications and/or species of landscape material shall be processed by filing the proper permit application with amended, . . landscape documents to the Building Division of the Development Department." 54. 55. /'\'- -, (y 57. J'f / I j j REJECT Page 13 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPARTMENTS INCLUDE 61. Vehicles that deliver goods to the loading areas located at the rear of Winn-Dixie are semi-tractor trailers, with an average length of 55 feet. However, the city standard for loading spaces is only 35 feet long. Therefore, it is recommended that both loading areas be redesigned to reflect / a loading area that is large enough to \I accommodate a semi-tractor trailer backed up to each of the two loading docks without reducing the back-up space and/or access aisle of the traffic flow in the area below minimum standards. 62. Clarify the footprint of the building at the rear of the- Winn-Dixie space, with respect to location of 1st floor, I mezzanine and loading area. The solid \I lines found on the site plan make it difficult to identify the layout of the rear of the tenant space. Amend the site data accordingly. 63. As indicated on the plans, the configuration of the site plan / submitted does not match the submitted V floor plan for the east portion of the Win~-Dixie tenant space. Amend the plans accordingly. 64. Prior to building permit approval, submdt a completed and Palm Beach County recorded unity of title that r sh~ joining of the two (2) existing V properties that comprise the site. Unity of title forms are available in the Building Division of the Development Department. 65. To ensure that vehicles park correctly in the diagonal parking spaces located at the rear of the south building, it I is recommended that a landscape island V be shown on the plans at both ends of the diagonal spaces located at the rear of "Major 311 and at the north end of the diagonal parking spaces located at the rear of Winn-Dixie tenant space. See also comment number 71. 66. Remove from the site plan and landscape plan the text and building footprint shown on the abutting j property that is located in the northeast corner of both plans. The land is not included with the current submittal and is currently vacant land. Development on this abutting property will require a separate site plan review application. J' REJECT Page 15 Conditional use approval Riverwalk Shopping Plaza COUS 96-003 DEPARTMENTS INCLUDE REJECT 70. It is recommended that the photometric plan provide for shields to prevent V glare onto adjacent properties and rights-of-way. 7l. It is recommended that additional j trees or palms be added to the landscape islands located north of Major 3 and Retail C, and in the sodded areas east of the outbuilding. 72. It is recommended that if the j landscaping shown on the plans within the US No.1 right-of-way is not needed as a result of the proposed milling and resurfacing of US No.1 that the material be placed along the approach to the Woolbright Road bridge over the Intracoastal. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 73. Delete Comment 3 . V 74. Delete Comment 7. ~ 75. Delete Comment 9. .; 76. Delete Comment 12. v' 77. Delete Comment 18. I 78. Delete Comment 19. I 79. Delete Comment 20. I 80. Delete Comment 2l. .; 81. Delete Comment 24. .J 82. Delete Comment 29. .; 83. Instead of Cabbage/Sabal Palms, install Laurel Oaks in the six (6 ) I interior islands referenced in comment 40. 84. The pedestrian crosswalk within Federal Highway shall be relocated I south of the north project driveway on Federal Highway. If this is not permitted by FDOT then a pedestrian signal shall be installed at the north driveway on Federal Highway. ADDITIONAL CITY COMMISSION CONDITIONS 85. To be determined. TJH/dim .:ComocOUS.Riv/2 '8 ~