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LEGAL APPROVAL %e City of t;Boynton ~eacfi April 4, 1997 100 rr.. tJJognton tJJeac/i tJJoufevartf P.O. tJJ();t310 tJJoynton tJJeadi, :Fforufa 33425-0310 City !J{aff: (561) 375-6000 :FftlX: (561) 375-6090 Mr. Michael Morton The Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 Re: File No.: Location: Shoppes of Woolbright - Discount Auto NWSP 96-012 East side of S.W. 8th Street, approximately 300 feet north of Woolbright Road Dear Mr. Morton, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for site plan approval. Should you have any question regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, /. - " , !' -1 I .J --:/~~t~ ').~- ':~-;-j~1?~'7'- Tambri J. Heyden, ii'cp Planning and Zoning Director TJH:dar Attachment xc: Central File S:\PLANNING\SHARED\ WP\PROJECTS\D1SCAUTO\DEVELORD. WPD Jlnu.ric.a's (jateway to tlU (julfstrtam t1a.~ A[~ l~'~ D u , 'fD 1-;.-\] !. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING OEPT. ". c ? 11 APPLICANT: Howard R. Scharlin. Trustee APPLICANT'S AGENT: Michael Morton of Morton Group. Inc.. DATE OF HEARING BEFORE CITY COMMISSION: March 4. 1997 TYPE OF RELIEF SOUGHT: Reauest for site plan approval to construct a 6.492 sauare foot automobile parts store on 0.64 acres in the Shoppes of Woolbriaht PCD. LOCATION OF PROPERTY: north of Woolbright Road. East side of S.W. 8th Street, approximately 300 feet 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 Applicant ~AS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby ~RANTED subject to the conditions marked as "include" in Exhibit "e" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: b (tjj(JJlj, i/i{7 CJr)nn~uUn avd~J DATED: March 4.1997 ~?_'M~/)/' Cit Clerk ---,-~".- -'-- .-.-,.....,.--- LOCATION ~,~-',\p SHOP,PES OF WOOLBRIGHT DISCOUNT AUTO PARTS . N1J[.-u: 8. J tJ:-.~ ::' \l:t Irr~l, H! . 1 I I I 1"'- ~ jl ~\!i~ ~ ! (1"1A~);~~~II~r11. " (' I [1"".!JlrJI ,~J.IJlT~ .~\\ \~,::-'~4b~~ll n;r.I.t~, ,,- ~1 IT;lT-_-l[ i!.r~I.'t...\I'" "!.... .~. 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'I J ; I CD ' / . I .I.' ~.L...I : 1.:"':~..l Lff~,J I I r f 1 i I .' ,'. , / . ~n:'. .,-=. ..:1'-1 . ~ar..l..'" ""'I.....A" I L - -;;p R 'r I!J. ~/ 1 't' -f'l -. . '~'!i:;~:-~~~.\\ (:~.~:~!~r, :;';1 '~~i). ~~~Ak'~ ~l~:l j~1: : ~R. (.~ ;J:,' .", \'.\ ! '/"': ~[~'''~!'I,I..J..~.~;; )..'1;1/1/ a -- I" 11 ~. '1' "-..~ '.., I . I ~ t~. of -~ -. i.... \ I! .J I ~~ -J I " . r; III) . ".. · I " I /"".: . R.~J..~ A' ~i : ILl' :fJ:: -.,1-. i .. - WI' I 'ft' . ~(:rr:"]f: ~:-. .Q""~'~ . . .., .... 1.1f1 f1 ~: - , ~r t "!"J 1. . ' .;~: 1:;:i'~'7''':-:',i':;:I' ,..... i.. _'_ .. _ afJ./, ::, " ."..". ......-J~...l,; ~ - - ": .' . j'i I '.' . , , :J' .l'fj I ' I.L .1".1....1,.(.". .l... ' .;._'. . ~~~:...j . ...:...:::..._..... . t, ....._ ._,..~~_..... .!!..-." I EXHIBIT "C" Conditions of Approval Project name: Shoppes of Woolbright - Discount Auto File number: NWSP 96-012 Reference: The olans consist of 7 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-012 with a November 12 1996 Planning and Zoning Deoartment date stamo markino . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and ~ branches will not impact those utilities within the easement in the foreseeable future, (Sec. 7.5-18.1). 2. Water lines, including fire hydrants and water services and water meters, to be owned and operated by the city shall be included within utilities easements. Please show all proposed easements on the engineering drawings, using a ~ minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city (Sec. 26-33(a)). 3. Water meter boxes are not permitted in sidewalks. Therefore please change the location of the meter box shown on sheet 2 of 4 (Paving Drainage and Utility Site ../ Plan). 4. A capacity reservation fee of $790.02 is due within thirty (30) days of v/" (~t:>,. ?~_ FIRE Comments: None POLICE DEVELOPMENT DEPARTMENT Comments: 5. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; v" site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FOOT, PBC, SFWMD and any other permitting agency shall be included with any permit request. 6. Provide certification by developer's engineer that drainage plan complies with all city codes and standards. Chap. 6, Art. V, Sec. SA, pg. 6-7 and Chap. 23, Art. IIF, t/" pg.23-8. 7. All landscaped areas shall be provided with an automatic water supply system. ../ I Chao. 7.5, Art.1I Sec.5B DO. 7.5-14. Page 2 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS INCLUDE REJECT 8. Provide a satisfactory lighting plan. Chap. 23, Art.IIA, pg.23-6. ~ 9. Wall signage as shown exceeds area as provided for in LOR, Chapter 21, Article V"" IV, Section 3C. 10. Signage colors will have to comply with Shoppes of Woolbright sign program. .,/ 11. The roadway shown as access to the dumpster location shall be built in coniunction with this project. ./' 12. Monument sign as shoWn on site plan shall comply with city standards as to size, ./" setback, visibility criteria and the Shoppes of Woolbright sign program. 13. Median landscaping must be completed and accepted prior to issuance of a /' C.O. for any building. 14. Access road must be completed and accepted prior to issuance of a C.O. for ..,/ any building. 15. Plat approval and recording will be required prior to issuance of a certificate of ./ occupancy. 16. Provide cross access agreements between Burger KinglDiscount Auto/Food / Court. 17 . . . , mll~t...- I with ...1",,,... ti", tn tin ~t . v" PARKS AND RECREATION r FORESTER/ENVIRONMENTALIST Comments: 18. There are existing trees within the parcel. There may be some existing trees in the road right--of-way which should be relocated to give ingressJegress to the site. //"" (Sec. 7.5) PLANNING AND ZONING Comments: 19. Provide a survey of the property as required by LOR, Chapter 4, Section 7.A. ./ 20. Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned. indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a / small scale) and draw in on these elevations the Iines--of-sight connecting the highest point of the equipment with the eye level from a distance of 600 hundred feet from the buildina (LOR Chaoter 9 Section 11.Et Page 3 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS 21. As part of the Burger King approval, the City Commission required that "the design elements approved for Burger King be carried forward on all future development within the PCD" . Amend the elevation drawings to comply with the requirement of the City Commission and to provide architectural compatibility within the Shoppes of Woolbright PCD. It is recommended that: . substitute a matte finish on the mansard roof instead of the proposed glossy finish. . to break up blank walls on highly visible west, north and south building elevations provide a series of insets, or non-structural columns if the exterior walls are to be split concrete block or provide a series of control joints on these elevations if the exterior walls are to be stucco (downspouts suggested are not functional with the mansard), and regardless of wall finish, provide a series of small windows (6 feet or more above the finished elevation so as not to conflict with service and storage areas). . to achieve continuity, coordinate landscaping along S.W. 8th Street with the landscape design schemes of Burger King and Food Court with respect to species and setback location. 22. . lighten the shade of grey proposed for the building walls or change to pale peach or cream (the proposed color is darker than RaceTrac). The approved master plan indicates a median cut within SW 8th Street, just west of the access drive to the Burger King property. Amend the site plan drawings to include the modified median and deceleration lanes that are shown on the masterplan. The proposed building and site signage shall meet the approved Shoppes of Woolbright PCD master sign program criteria. Therefore, provide a note describing the size of the monument sign to reflect its compliance with the maximum approved sign dimensions of 8 feet in length and 5 feet in height (maximum of 40 square feet on a 2 feet high base). Also, indicate the proposed colors of signs in accordance with the approved sign program and the appeal to the Community Design Plan (both development orders dated November 19, 1996). The City's Land Development Regulations, Chapter 5 - Platting, requires a plat to be submitted if the land/parcel is split into more than two (2) lots. The submitted survey indicates that the proposed project will create more than two (2) lots in Tract "C". File a replat of Tract "C" of Shoppes of Woolbright with the Development Department. No certificate of occupancy will be issued for the Discount Auto Parts building or Food Court building until the plat is approved by the City Commission. On the site plan show all setbacks as required by LOR. Chapter 4, Section 7. B.1. The location of the building on the site plan does not conform to setback regulations in respect to the rear yard and the northern side yard. Amend the site clan to reflect orooer setbacks or receive aooroval of a variance. 23. 24. 25. INCLUDE REJcC- ~ v--- ~ / ~ Page 4 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS INCLUDE REJECT 26. Traffic control markings shall be shown within the vehicular use areas as V required by LOR, Chapter 4, Section 7.B.2. 27. Provide calculation for required amount of parking spaces consistent with the ~ parking space regulation specified in the zoning code. 28. It is recommended that the driveway north of the building be extended to the west and connected with the Home Depot vehicular system. Provide amended parking calculations for the Home Depot property to verify that the driveway ~ extension will not result in reduction of parking below the required standards. 29. On the Landscape Plan, amend the tabular summary of the planting material to include a "shrubs required by the code" category. Also, provide relevant calculations for this category. For the landscape buffer adjacent to the right-of way and along abutting properties, provide perimeter distances of the parcel for L,.../ which the landscape buffer material is being calculated (Chapter 7.5, Article 11- Landscape Code). 30. From the list of landscape material eliminate Viburnum Suspensum (Viburnum) as a substitution for native shrubs. This specie is not native and will not meet the criterion of the Comprehensive Plan Policy 4.4.6 of 50 percent native species to V be planted within the required landscape plantina. 31. Incorporate the above calculation into the tabulation of the landscape material V provided for the site. The native requirement is fifty percent of the required landscape planting (Comprehensive Plan Policy 4.4.6). 32. On the elevation drawings depict color code and manufacturer's name of all V exterior buildina materials or finishes. 33. In order to ensure installation of all remaining landscaping and buffers for the Shoppes of Woolbright PCD and Woolbright Place PUD, no certificate of occupancy will be issued for the Discount Auto Part Store building until the following buffers are installed and accepted by the city: . west buffer of Woolbright Place PUD (old S.W. 8th Street right-of-way between north property line of church parcel and Ocean Avenue), lake perimeter planting and littoral planting for the Water Management V . area located in the Woolbright Place PUD. No temporary certificate of occupancy shall be issued for these conditions. 34. Due to the proposed relocation, to the north, of the north driveway on S. W. 8th Street, a master plan modification is required to be submitted and presented to ~ the Planning and Development Board and City Commission prior to issuing a certificate of occupancy for the Discount Auto Parts building. No temporary certificate of occupancy shall be issued for this condition. 35. The submitted cross easement agreements for both the northern and southern driveways need to be reviewed and accepted by the City Attorney, and V subsequently, recorded in the Palm Beach County Recorder's Office. No certificate of occupancy will be issued for Discount Auto Part store until both drivewavs are constructed. Page 5 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 36. DEPARTMENTS 37. Prior to issuing a certificate of occupancy for the Discount Auto Parts building, rectify the most current approved master plan. No temporary certificate of occupancy will be issued for this condition. On the landscape plan show all existing and/or proposed utility easements to ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 38. To be determined. , / 39. To be determined. JUbme d:lsherelprojectsldisc:autoICondappl',wpd INCLUDE REJECT / v ADDITIONAL COMMENTS/CONDITIONS INCLUDED BY CITY COMMISSION: Discount Auto Parts at Shoppes of Woolbright PCD (File No. NWSP 96-013) City Commission Meeting of 3/4/97 1. As part of the Buraer Kina approval. the Citv Commission reQuired that "the desian elements approved for Buraer Kina be carried forward on all future development within the PCDn. Amend the elevation drawinas to complv with the reQuirement of the City Commission and to provide architectural compatibility within the Shoppes of Woolbriaht PCD. It is recommended that . substitute a matte finish on the mansard roof instead of the proposed alossy finish. . to break UP blank walls on hiahly visible west. north and south buildina elevations provide 3 windows on each of these elevations. Windows shall be a minimum of 2' x 4'. . to achieve continuity. coordinate landscapina alona SoW. 8th Street with the landscape desian schemes of Buraer Kina and Food Court with respect to species and setback location. 2. Master Plan. permitted plans and site plan shall match with respect to the median cut within S. W. 8th Street. iust west of access drive to Buraer Kina. 30 Prior to issuance of a C.O. .on the Landscape Plan. amend the tabular summary of the plantina material to include a "shrubs reQuired by the code" cateaorvo Also. provide relevant calculations for this cateaorv. For the landscape buffer adiacent to the riaht-of-way and alona abuttina properties. provide perimeter distances of the parcel for which the landscape buffer material is beina calculated (Chapter 7.5. Article 11- Landscape Code). No temporary C.O. shall be issued for this. .,'_.......uc,,-.,~"~.,,'....."'""'...,.'!""_'" _ 10/23/97 11:57 FAX 561878~~51 STEPHEN COOPER 141 001 IB/22/1997 17:46 941-?ee-::rLd9 WAL TER5 LEVII'C: I"'A<E B:Z j TIW.lDmuaIcuc ptcpu Jolul E. Bro'WD, iii" , 8tQ"I'D. C!a.dt & w... &;. 1119 Ma.i11 StreeI, Suit. " SaruDU, FloridA 3.4:2; "'--" ~~~~c~~/ Phone# 15-11-1997 3:-46P1I 97-284964 ORB 9932 P4J 1140 I .. _.....- Con '. to.OO Doc .70 ,",-.~'f'" ~ffiC ~i\ , ~ 11 grr 2 3 1::- i~ n_......._. -"..._.... l",--::-.---~:-- E(c _k . ' -THIS AGREEMENT made by and. betw"n Favorite Food. Court. Im;., a Florida corporation (hereinafter refermI to as "Favorite"), and Discount Auto Pans. Inc., a Florida. corporation (hereinafter referred to as "Discount") this ~ day of AuguSt, 1997. DRIVEWAY AND SEWER EA..~MENT AGREEMENT WITNESSETH WHEREAS. Favorite is the owner of that certain parcel of real propetty which Favorite represents is free and clear and that the favorite has full right and authority to execute this easement agreement for the pUIp08eS smted herein, hereinafter referred to as the n Favorite Parcel" as more particularly described as follows. to wit: Lot 2 of WOOLBRIGHT 100, ~(lCOrding to the plat thereof, as recorded in Plat Book 80. at Page 27. of the Public Records of Palm Beach County. Florida. WHEREAS Discount is the owner of that certain parcel of real property which Discount represents is .free and clear and that the Discount has full right and authority to execute this eas.ement agreement for the purposes stated herein. hereinafter referred to as the "Discount Pare!;!]" as more particularly descn'bed ag follows: Lot 1 of WOOLBRIGHT 100, accordiJ1g to the plat thereof, as recorded in Plat Book 80. at Page 27. of the Public Records of Palm. Beach County, Florida. WHER.:EAS, Favorite and Discount desire to constrUct an entranceway/driveway for their mutual benefit and provide for sharing of the cost of construction and maintenance. WHEREAS. Favorite am1 Discount desire to c.reate an easement for sanitary sewer for the benefit of the Discount Parcel over a portion of the Favorite Parcel. NOW TIIEREFORE, in consideration of the muntal covenants and conditions contained herein a,l)d ~r good and valuable consideration, the sufficiency of which is hereby acknowledged. the parties aglee as follows: 1. T1:1e above referenced recitals are true and com:ct and form a material part of this Agreement. 2. Discount shall co.o.umct me Twenty-seven (27) foot ~way/driveway area located on the following descn"bed property; A portion of Tract "C", SHOPPES OF WOOLBRIGHT, p.e_D., according to the plat thereof as recorded in Plat Book 6~, Pages 137 and 138, in !be Public Rccords of Palm. Beach County. Florida. more particuLUly described as follows: r"''''Y''W'''n''W1I__-~-'' ...1- ~^ Jr..T"""............r.......... ___ .....I!' __1..J 'r_..._. "~,, ..&..---- "'_._.6.1.,. -. ... .,t 10/22/97 17:43 TXjRX NO.2837 P.002 . 1,0/23/97 11: 57 FA.I 561878::-"')1 STEPHEN COOPER I4J 002 lBI22/1997 17:46 941-7Be-32~9 WPLTER5 LEVINE: PAGE 83 ----,.../ ~ I. ,I :. " \...-/ GAS 9932 p~ 1141 u 1\ distance of 7.71 feet. theJlc.e para.1Je( fwitb. the Northerly line of Lot I above, N 89050'25" E. 110.3S R:~i theDce s'l OOIt90'35"S., 21.00 feet; thence parallel with and 19.30 feet measured ~cuJar to the Northerly boumlary of the above doscnbed Lot 1. S 890S0"2'~ Wt, 169.53 f~t; to the Easterly rijht-of~way line of S. W, 8th Street; t1z~ wi1h.. 'd rJpt-of-way line N. Ol1l33'47" W, 2.72 teet; thence with a curve to the leU! ving a radius of 18$1. 74 feet. a central angle of OOD30'48", an arc d-1staDQP ot 16.59 fact, a chord bearing of N. 01949'11" W. and a cbQro ~~ of 16.59 feet, Tn the POINT OP BEGINNING. Containing 4-,588 s~ feet more or less. i; 3. Upon completion oftbe fmpr~'vemenlS to the driveway. Favorite shall reimburse Discount for Favorite's proportionate share ~f tbe cost of consttuction within fony-five (45) days from the cla.te' of writtlm dcrn;uul made u~ Favorite by Discount. DiJcoum shall provkte Favorite With proof of acceptance by the ~ty of Boynton Beach of the roadway/driveway improvements as a prerequisite to reimbW'S~ent by Favorite.. . " ' 4. Favorite he~by grants and c~~vey,f an1D Discount a non-exc.hIsive easement for the purposes of the comauctio.n, mstallatl~, lIIld ma.imeJlance of a sanitary sewer line over. under and through that portion of tl1e fol1~ described property located on me Favorite Parcell to wit: ! ! :1 il A portion of Tract "C., SHOPP:ES OF WOOLBRIGHT, P.C.D., accordina to the plat thereof 811 rccorc1cd in Plat Qook 6S, Page.s 137 and 138, in the Public Records of Palm Beach County, Flo~~da. more particularly descnoed as tollows: " ti Commence at the Notthwcst corner ~~ said Trac~ .C". thence Southeasterly a.long the West boundary of Traa ltc ", and!tbe arc ot a curve concavo to the southwest (J'ariia.1linc to said point bears N. 84.~9'OO" E.), having a radius of 18jl.14 feet, a central angle of03"36'ZS', an UC ~tance of 116.51 feet. chord bea.ring of S. 03052.'47" E. and ehorddistance Df 1~6.56 feet; to tbe POINT OF BEGINNING; thence N. 89 II SO'23 II E., 14.22 fcct'to an intenection with said sanitarY sewer eascrocnt; thence N. 89050'25" E., t2.oo feet, thence S. 00008'46" B., 167,80 feet, thence N. 89",iO'Z5u E.t 12.ooir~t; llus,ncc N. 00008.46" W.. 167.80 feet to the POINT OF BEGINNING. i r 1\ :; S. Tbe p~ party in any ~tion to enftlrce the terms and conditions of this A2IeeIneIlt shall be entitled to JCCQveI' fr~jthe non-prcvailiDg party all costs and expenses of litigation including a reasonable attorneys' (eo inc1D'r~ a.t trial and/or on appea.l. ! '1 6. This Agreement: constitutes tb* entire agreemem between the parties with respect to the subject matter containec1 herein and ~ not be modlfied. altered or changed witboot the ~xpre!s written consent: of both partie.'! berefb. 01 n IN WITNESS WHEREOF, the paI'ti,es hereto have set their hand to this Agreement on the day and year first above written. \1 " r k~'4' 4~ ~ Print NWlC: x~ /It ~ iJ"~ l..i Co. ,,, hA', I, _J .~. ~ , ! II ;i If 'I By:~~ 10/22/97 17:43 TX/RX NO.2837 FAVORITE FOOD COURT, INC., a Florida C()lp~Qn 9a;; ~>>,t Ha!Ye /('41. B,,~~~. F~ 33VP7 P.003 . 19123/97 11: 57 FAX 561878~'-~1 STEPHEN COOPER "v..................... en &l8O UUWCllIL L:Ul!JC,l Ul ~u 11~ ~ . WI3I JU~.1Y al<mg tbct West bOwIdaIy of SIliC11lBCt "C", a.o.<l Cbe IlK: or. CtuW com:nc lD me Southwest (radial line to said point bears N. 84019tOO" E.) having a tadlu& of 1851.74 feet, a central angle 0(00036"25". an arc dista.nce of 116.57 feet, chord bearlDg of S. 03052'47" B.. and a chord. ~ of 116.56 feet; to the POINT OF BEGINNING; with the Easterly ri&bf-of-way IS of S.W. 8th StIWt along a CIll"Ye to tm left, baving aJadius of 18S1.74 ,feet, a central aDIle of 00.14'18". an arc distance of 7.71 feet; a chord bearing of N 920 II' 44 It Wanda chord 10/22/97 17:43 TX/RX NO.2837 ~003 P.002 . 10/23/97 11:57 FAX 561878~~;1 . ~~~:t1~~~~u~ STEPHEN COOPER If.t: ~~, V laJ 004 I I :! o' .. ii t"' :1 [I AecOR.o~oS MSMO: Legibility of Gooument ulUlIll:;/octory when rccelved. 10/22/97 17:43 TXjRX NO. 2837 P.003 . 10/23/97 11:57 FAX 561878:='')1 :t;'~ 941-7aa-32!19 !9/22/1997 11:46 -' PtlDt N~: Pril\t Name: STATE OF FLORIDA coIlN"n' OP P4/Jta. ?;~A~t... Tbc fOl'Cgoq ~~ was . by i=.Award ;::ro.,p.p" . as a Florida Corporation, on behalf of the c -.- pto4Uced STEPHEN COOPER IgJ 005 W~ TERS LEVINE ,.....<E e.. ORB ~ 9932 Pt 1142 DISCOUNT AUTO PARTS. INC., a Flarida corporatlDn By:- Its: _ Iedr' before me tbis LdaY of Auaust 1997 t PrE's/ d'M f- of Pavor!t.e Poed Court, IDe., ,. on, who Js pcr5OIll1Iy bown to me or who has as idemificatiOD. (SEAL) r ~iiJ * * ~ , '> 1IF 1\..... 1'OIIrfL~D My~..oo.o,.... ~o.c.1" ,.. STATB OF FLORIDA COUNTY OF POLK The fo~oiDg iDstromcnt was . ". 'p4 before me this _ day of AuggIl1997, by , II : of Discount Auto Pans. Jne., a Florida Corporation. on behalf of the corppIatton. who I. penonally known to (J1e. (SEAL) NOTARY PUBUC Pdn1 NamJ: Commission Numbat:. My Ccmun.ission Expires; 10/22/97 17:43 TX/RX NO.2837 P.004 . CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ~~ ~ ~\! !;-~~-=:- :7 " f5 - r:' f n ~ ., - __" . - l~; ,. : ..... -.,~--.-....._......_..~-_ I I (;' ;;i' I W;,j ,,: ,', i . 1 ,.....~ I ~ !__.~=~t~~i~~~=~~~_ Prepared by: James A. Cheraf, Esq. City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 ORDER GRANTING RELIEF IN RE: Case No. 228 SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court) East side of SW 8th Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Boynton Beach, FL The Appellant, Howard R. Scharlin, through his agent Bradley Miller, appeared before the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F.7.e. to allow a reduction of the following setbacks: . rear yard setback of the proposed Lot 1 from 40 feet to 24.83 feet;'\ . northern side yard setback of the proposed Lot 1 from 30 feet to 28.5 feet i · i ;rthe_rr1S!d~ard~~ ~f ;:.e p,::ed i~'" :J:.,~t t:11r-;.i Wt- B:;ed' on the testimony of Bradley Miller, and the evidence presented, the Board finds that a basis for relief has been established. Accordingly, IT IS ORDERED THAT: ~ ~ .... . , &6 The request for Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Sectio 6.F.7.e. I w a reqLction of setbacks as outlined above is hereby granted. DATED: .J~Yfr/ , Patti Hammer, Chairperson ATTEST: ~~~d~ Cit Clerk _.-------~ - ----'- DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA G W rn rn I i:'.? I 4.c: ~ PLANNING AND ZONING DEPT. '" t . ( IJ APPLICANT: Howard R. Scharlin. Trustee APPLICANTS AGENT: Michael Morton of Morton Group. Inc.. DATE OF HEARING BEFORE CITY COMMISSION: March 4.1997 TYPE OF RELIEF SOUGHT: Reauest for site plan approval to construct a 6.492 sauare foot automobile parts store on 0.64 acres in the ShoDDes of Woolbrioht PCO. LOCATION OF PROPERTY: north of Woolbright Road. East side of S.W. 8th Street, approximately 300 feet DRAWING(S): SEE EXHIBIT liB" 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 Applicant V"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby ~RANTED subject to the conditions marked as "include" in Exhibit "C" hereto. DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: Ju rJiiJuj, vcl cprn'JJ~uUn (Jf)Ni~J DATED: March 4. 1997 ~~~, Cit Clerk .~ LOCATION ~.. ~-l") SHOP,PES OF WOOLBRIGHT DISCOUNT AUTO PARTS . f ~lJI': i;! :"u / i~:,.~~ ~l\~;tlLI~ lH,W d.t' . J I I ,~,: I')" . 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" '~-.' .,;.~',~~~.~:-.~~-.\-1(.~:~;~:~rl. ,!,' 11,,1 E~lrl II/J \ _ ",~~.~ ,'(/~ J~ w ! t,j : ~ . \. \ "'-.") I! : 1 rr I J f q J .~l' , C)~J ~R I~ ~ !1-'. .1- -10 L .c_ ; / . kJ r. \ '\' ~ , ~ . I '11/1; E ... - ,..' I~ "-l 1,..,::'R';:~'Jk'/!l~~ft~/; ~~).'0Y(l/I~~;~~-~Jf~:~ ~l~ ~~,:~~ I ;.;, I:::ii~':',~~i 1.::,: " (.'_, ilJ-J..kl.; ~~j..1 fJ : g;,.;)L....... ,,-...'~ :'.,: n ~ -Qlt ~ . ,_...:.1 i: ....: (. .' 'I C. ...___ ..~.) ;1 : JJ:!i_,Jt't' ,rrJ],J r ( ll...~.:.------ .ftll ..." ............ J - . EXHIBIT "c" Conditions of Approval Project name: Shoppes of Woolbright - Discount Auto File number: NWSP 96-012 Reference: The clans consist of 7 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-012 with a November 12 1996 Plannina and Zoning Deeartment date stame markina . ""~I "'. ,I MENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and ~ branches will not impact those utilities within the easement in the foreseeable future, (Sec. 7.5-18.1). 2. Water lines, including fire hydrants and water services and water meters, to be owned and operated by the city shall be included within utilities easements. Please show all proposed easements on the engineering drawings, using a ~ minimum width of 12 feet. The easements shall be dedicated via separate instrument to the city (Sec. 26-33(a)). 3. Water meter boxes are not permitted in sidewalks. Therefore please change the location of the meter box shown on sheet 2 of 4 (Paving Drainage and Utility Site / Plan). 4. A capacity reservation fee of $790.02 is due within thirty (30) days of v" I (~P(' ?R_ FIRE Comments: None POLICE - DEVELOPMENT DEPARTMENT Comments: 5. All plans submitted for speeific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following; V site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FOOT, PBC, SANMD and any other permitting agency shall be included with any permit request. 6. Provide certification by developer's engineer that drainage plan complies with all city codes and standards. Chap. 6, Art. V, See. SA, pg. 6-7 and Chap. 23, Art. l1F, V pg. 23-8. 7. All landscaped areas shall be provided with an automatic water supply system. ~ Chao. 7.5, Art.II. Sec. 58 DO. 7.5-14. Page 2 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS INCLUDE REJECT 8. Provide a satisfactory lighting plan. Chap. 23, Art.IIA, pg.23-6. ~ 9. Wall signage as shown exceeds area as provided for in LOR, Chapter 21, Article V'" IV, Section 3C. 10. Signage colors will have to comply with Shoppes of Woolbright sign program. ,/" 11. The roadway shown as access to the dumpster location shall be built in conjunction with this project. /" 12. Monument sign as shown on site plan shall comply with city standards as to size, .,/ setback, visibility criteria and the Shoppes of Woolbright sign program. 13. Median landscaping must be completed and accepted prior to issuance of a ,/ C.O. for any building. 14. Access road must be completed and accepted prior to issuance of a C.O. for / any building. 15. Plat approval and recording will be required prior to issuance of a certificate of /' occupancy. 16. Provide cross access agreements between Burger King/Discount Auto/Food ./ Court. 17 I . mtl~t"" I with nl::ant~ tin tn tin ::at ./ PARKS AND RECREATION .~ FORESTERJENVIRONMENTALlST Comments: 18. There are existing trees within the parcel. There may be some existing trees in the road right-of-way which should be relocated to give ingress/egress to the site. /' (Sec. 7.5) PLANNING AND ZONING Comments: 19. Provide a survey of the property as required by LOR, Chapter 4, Section 7.A. ,/"" 20. ~ Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a ./ small scale) and draw in on these elevations the Iines-of-sight connecting the highest pOint of the equipment with the eye level from a distance of 600 hundred feet from the building (LOR Chapter 9, Section 11.Et "----- \. Page 3 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS ~ , , 1- INCLUDE REJECT As part of the Burger King approval, the City Commission required that "the design elements approved for Burger King be carried folWard on all future development within the PCD". Amend the elevation drawings to comply with the requirement of the City Commission and to provide architectural compatibility within the Shoppes of Woolbright PCD. It is recommended that: · substitute a matte finish on the mansard roof instead of the proposed glossy finish. . to break up blank walls on highly visible west, north and south building elevations provide a series of insets, or non-structural columns if the exterior walls are to be split concrete block or provide a series of control joints on these elevations if the exterior walls are to be stucco (downspouts suggested are not functional with the mansard), and regardless of wall finish, provide a series of small windows (6 feet or more above the finished elevation so as not to conflict with service and storage areas). v-"" · to achieve continuity, coordinate landscaping along S.W. 8th Street with the landscape design schemes of Burger King and' Food Court with respect to species and setback location. ., j lighten the shade of grey proposed for the building walls or change to pale peach or cream (the proposed color is darker than RaceTrac). The approved master plan indicates a median cut within SW 8th Street, just west of the access drive to the Burger King property. Amend the site plan drawings to include the modified median and deceleration lanes that are shown on the masterplan. . ~ The proposed building and site signage shall meet the approved Shoppes of Woolbright PCD master sign program criteria. Therefore, provide a note describing the size of the monument sign to reflect its compliance with the maximum approved sign dimensions of 8 feet in length and 5 feet in height (maximum of 40 square feet on a 2 feet high base). Also, indicate the proposed colors of signs in accordance with the approved sign program and the appeal to the Community Design Plan (both development orders dated November 19, 1996). ~ The City's Land Development Regulations, Chapter 5 - Platting, requires a plat to be submitted if the land/parcel is split into more than two (2) lots. The ~ r submitted survey indicates that the proposed project will create more than two /' ~ ~ (2) lots in Tract "C". File a replat of Tract "C" of Shoppes of Woolbright with the ./ Q) \,.:.. Development Department No certificate of occupancy will be issued for the ~ ~ Discount Auto Parts building or Food Court building until the plat is approved by the City Commission. 23. 25. ~(1 / On the site plan show all setbacks as required by LDR, Chapter 4. Section 7.B.1. The location of the building on the site plan does not conform to setback regulations in respect to the rear yard and the northern side yard. Amend the site clan to reflect proper setbacks or receive approval of a variance. ~ Page 4 Shop pes of Woolbright - Discount Auto Parts File No. NWSP 96-013 DEPARTMENTS INCLUDE REJECT 26. t'1 Traffic control markings shall be shown within the vehicular use areas as V ~ required by LOR, Chapter 4, Section 7.B.2. 2~ Provide calculation for required amount of parking spaces consistent with the V'" parking space regulation specified in the zoning code. / \ ~ 28. "" t is recommended that the driveway north of the building be extended to the ~ West and connected with the Home Depot vehicular system. Provide amended V ~ ~ arking calculations for the Home Depot property to verify that the driveway extension will not result in reduction of parking below the required standards. f On the Landscape Plan, amend the tabular summary of the planting material to include a "shrubs required by the code" category. Also, provide relevant calculations for this category. For the landscape buffer adjacent to the right-of way and along abutting properties, provide perimeter distances of the parcel for l..---"'" which the landscape buffer material is being calculated (Chapter 7.5, Article 11- Landscape Code). 30. From the list of landscape material eliminate Viburnum Suspensum (Viburnum) , as a substitution for native shrubs. This specie is not native and will not meet the criterion of the Comprehensive Plan Policy 4.4.6 of 50 percent native species to V be planted within the required landscape plantina. 31. Incorporate the above calculation into the tabulation of the landscape material V provided for the site. The native requirement is fifty percent of the required - landscape planting (Comprehensive Plan Policy 4.4.6). 32. II On the elevation drawings depict color code and manufacturer's name of all V exterior building materials or finishes. ~1I~~l-n-ut wl.tJv /"-.. 'y\iLeA 33. In order to ensure installation of all remaining landscaping and buffers for the Shoppes of Woolbright PCD and Woolbright Place PUD, no certificate of occupancy will be issued for the Discount Auto Part Store building until the [ following buffers are installed and accepted by the city: . west buffer of Woolbright Place PUD (old S.W. 8th Street right-of-way between north property line of church parcel and Ocean Avenue), lake perimeter planting and littoral planting for the Water Management V . area located in the Woolbright Place PUD. No temporary certificate of occupancy shall be issued for these conditions. 34. Due to the proposed relocation, to the north, of the north driveway on S.W. 8th E Street, a master plan modification is required to be submitted and presented to .,/ the Planning and Development Board and City Commission prior to issuing a certificate of occupancy for the Discount Auto Parts building. No temporary certificate of occupancy shall be issued for this condition. 35. The submitted cross easement agreements for both the northern and southern r driveways need to be reviewed and accepted by the City Attorney, and V subsequently, recorded in the Palm Beach County Recorder's Office. No f} certificate of occupancy will be issued for Discount Auto Part store until both driveways are constructed. Page 5 Shoppes of Woolbright - Discount Auto Parts File No. NWSP 96-013 36. DEPARTMENTS INCLUDE REJECT 37. Prior to issuing a certificate of occupancy for the Discount Auto Parts building, rectify the most current approved master plan. N~ temporary certificate of occupancy will be issued fCJT this condition. "-..,.j' '! -=) 1 ~ /,.,.~-t. On the landscape plan show all existing and/or'proposed utility easements to ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 38. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS , ~ 39. To be determined. JUbme d:\share\p(Ojec:tsldiac:autolCondappr,wpd .,/ v ADDITIONAL COMMENTS/CONDITIONS INCLUDED BY CITY COMMISSION: Discount Auto Parts at Shop pes of Woolbright PCD (File No. NWSP 96-013) City Commission Meeting of 3/4/97 1. As part of the Buraer Kina approval. the City Commission reauired that "the desian elements approved for Buraer Kina be carried forward on all future development within the PCD". Amend the elevation drawinas to comply with the reauirement of the City Commission and to orovide architectural comoatibility within the Shoppes of Woolbriaht PCD. It is recommended that: . substitute a matte finish on the mansard roof instead of the proposed alossv finish. --?\Aa?"' l ~ e-I~ti ~"'1 . to break UP blank walls on hiehly visible west. north and south buildina elevations orovide 3 windows on each of these elevations. Windows shall be a minimum of 2' x 4'. p~ ~ to achieve continuitv. coordinate landscapine alone S.W. 8th Street with the landscape desian schemes of Buraer Kino and Food Court with respect to species and setback location. 2. Master Plan. permitted plans and site plan shall match with respect to the median cut within S.W. 8th Street. iust west of access drive to Buraer Kina. 3. Prior to issuance of a C.O. .on the Landscape Plan. amend the tabular summary of the plantino material to include a "shrubs reQuired bY the code" cateaorv. Also. provide relevant calculations for this cateaorv. For the landscape buffer adiacent to the riaht-of-way and alona abuttina properties. provide perimeter distances of the parcel for which the landscape buffer material is beina calculated (Chapter 7.5. Article 11- Landscape Codel. No temporary C.O. shall be issued for this. @ Prepared by: James A. Cherof, Esq. City Attorney, City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 CITY OF BOYNTN BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No. 228 SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court) East side of SW 8th Street approximately 300 feet north of the intersection of SW 8th Street and Woolbright Road Boynton Beach, FL The Appellant, Howard R. SCharlin, through his agent Bradley Miller, appeared before the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F.7.e. to allow a reduction of the following setbacks: I · rear yard setback of the proposed LotXfrom 40 feet to 24.83 feet · northern side yard setback of the proposed Lot 1 from 30 feet to 28.5 feet northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet Based on the testimony of Bradley Miller, and the evidence presented, the Board finds that a basis for relief has been established. Accordingly, IT IS ORDERED THAT: The request for Relief from t I Regulations, Chapter 2, Section 6. F. . e. to al above is hereby granted. DATED: d1~5h7 . , n~#7 ~ ;y t:2:UU;^1- ( vL.~ tL~(j MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Wandell said the Commissioners and Mr. Sugerman were the first people he has trained in the process of putting on the gear, He was very proud of the Fire Department and encouraged the other Commissioners and City Manager to attend. Mayor Taylor thanked the Fire Department for the opportunity to participate. He pointed out that it was quite an experience. As a result of that experience, he has nothing but admiration for the Firefighters. He was glad to have had the opportunity to participate. Commissioner Titcomb commended Chris Wandell for taking the time to provide the training. It was a unique experience. Mr, Gulbrandsen advised that by the time they are done, the Fire Department will have trained over 120 Firefighters. The Town of Lantana is also participating as well as the Explorers. He appreciated the Commission's support since this is the kind of training that we cannot pay enough for. Mr. Gulbrandsen thanked Scott Blasie for helping to organize this opportunity. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 8:50 P.M. IX. DEVELOPMENT PLANS: A. PROJECT: AGENT: OWNER: LOCATION: Discount Auto Parts at Shoppes of Woolbright pee Michael Morton, Morton Group, Inc. Howard R. Scharlin, Trustee East side of S.W. 8th Street, approximately 300 feet north of Woolbright Road SITE PLAN - Request for site plan approval to construct a 6,492 square foot automobile parts store on 0.64 acres in the Shoppes of Woolbright PCD DESCRIPTION: Bradley Mil...., Planner for the applicant, Michael Morton, representing the applicant, and Bill Boo.., were present. Mr. Miller advised that the engineer and architect were also present. This is one of the parcels that is part of the Shoppes of Woolbright pce. It is on SW 8th Street, just north of Woolbright Road. The application has gone through the TRC on a number of occasions since it was submitted in May. The number of conditions of approval have been narrowed down after working diligently with staff. 20 MEETING MINUTES REGULAR CITY COMMISSI""N BOYNTON BEACH, FLORIDA MARCH 4, 1997 Comment #5 - Mr, Miller requests clarification of this comment since it calls for plans and permits to be submitted. Plans are already being processed through the Building Department to obtain preliminary comments and expedite the process. Comment #22 - This comment pertains to reflecting a median cut on the master plan. The applicant will show that median cut on the master plan, They would like to limit it to the master plan and not have to resubmit site plans and design plans to show the median cut. This median has already been permitted and they will show it on the master plan when it is rectified. · Comment #25 - This comment requires a variance for the setbacks. That variance was approved by the Board of Zoning Appeals. · Comment #29 - This comment refers to the landscape plans. There has been a comment and suggestion about the landscaping for these three parcels (Burger King, Discount Auto, and the Food Court). The applicant would like to accomplish a consistent theme throughout all three of these outparcels. · Comment #33 - This comment refers to a landscape buffer to be installed. The first bullet item refers to a buffer along Woolbright Place where the old SW 8th Street right-of-way was located. That buffer is in place, and was put in place by order of the Commission at the time. A permit is being filed retroactively, and is in process now to implement the landscaping along that buffer. · Comment #21 - Discount Auto is a national company. They have their own identity of how they market their products and their ability to conduct their business. This comment refers to the Burger King approval, and refers to the architectural consistency based on that approval. Mr. Miller advised that Burger King is considering stopping work and reevaluating the site. Comment #21 bases architectural theme and design on a project that might not happen. The applicant agrees with the first bulleted item in Comment #21 to use a matte finish on the mansard roof instead of the glossy finish. The applicant has also agreed to put the mansard roof on three sides completely (the west, south and east), and wrap it around the corner 14' on each side on the north side (loading area). They will use a black band as opposed to the yellow. The split block is gray. The lettering will be red. The second bulleted item talks about the walls. Because of the Discount Auto national theme, their preference is to continue with a development plan that is working for them. Their preference would be not to have to incorporate windows or window treatments (real or false) into this design. However, the applicant is willing to discuss including windows, 21 MEETING MINUTES REGULAR CITY COMMISSi~N BOYNTON BEACH, FLORIDA MARCH 4, 1997 or window treatments, as part of the design along SW 8th Street as well as on the south of the building. The third bulleted item addresses the landscaping. The applicant intends to be consistent with the landscaping for all three of these parcels. With regard to color, Discount Auto would prefer that the color gray of the split block be permitted. The pale peach or cream suggested is unacceptable. The applicant is willing to discuss a lighter shade of gray, Mr. Miller pointed out that the architectural design, and tying in with a Burger King plan, is not necessarily an ideal architectural theme that anyone would want for this City. The applicant has tied in some consistency with the use of the standing seam roof and landscaping. The applicant is proposing harmony in the design aspects of shared driveways. The applicant feels he has addressed the consistency issue. Mr. Miller pointed out that Discount Auto has made quite a few concessions to get to this point. Tambri Heyden, Planning & Zoning Director, made the City's presentation and responded to Mr. Miller's comments. Comment #5 is a standard comment that the Engineering Department always makes. At the time of applying for permit, all agency approvals must be obtained at the same time. Mr. MiUer :onfirmed that the applicant has already initiated this process to get preliminary comments. Comment #22 - Amending the site plan drawings - She pointed out that if the site plan drawings are not amended and the applicant relies only on the master plan drawing for the median and deceleration lanes, the site plan drawings would present a conflict with the modified master plan drawing. Ms. Heyden said the City is requiring that both plans match. Mr. Miller advised that the median has already been permitted. The site plan for Discount Auto complies with the location of that median cut by permit. The rectified master plan will match up with the site plan under consideration at this time. Ms. Heyden reiterated that the City wants all three drawings (permit, master plan and site plan) to match. 22 MEETING MINUTES REGULAR CITY COMMIS~...JN BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr, Miller feels this will be accomplished with the reflection of the median cut on the master plan. Ms. Heyden suggested that the last sentence of Comment #22 be revised to read, "Master plan, site plan and permit drawings shall match with respect to median and deceleration lane." Michael Morton asked for clarification. He explained that the site plans for Discount Auto. the Food Court and Burger King are not dependent on what happens in the median, As part of the approvals. the applicant already has an approved median opening and a permit for it. The applicant has agreed to construct the median opening as per the permit. With regard to the comment relative to the applicant coming back to rectify the master plan to include the median opening and deceleration lane (southbound left turn lane), that will be accomplished when the master plan is rectified. Mr. Morton feels the comment is superfluous because the applicant will rectify the master plan which will show the southbound left-turn lane into this property, along with the median opening, exactly as approved on the permit. This project does not need the left-turn lane even if it was not there. That is the reason why it is not shown on the plan. Ms. Heyden was of the opinion that the applicant might have had a drawing in the submittal that showed the off-site improvements in the area that do not match with our permit. Mr. Morton disagreed. He explained that all of the drawings match and that will be shown on the master plan. The engineer for Discount Auto commented that the left-turn lane is really a function of Burger King -- not necessarily a function of his plan. That left-turn lane was pt:rmitted with the Burger King plan. He feels it is superfluous for him to redo the site plan for something that has already been done. Mr. Morton feels this is something that can be done administratively. ' Ms. Heyden reiterated that the City does not want the plans to be conflicting. While she is not requesting new drawings, she is requesting that all drawings that have been submitted match. Mr. Morton was in agreement. Comment #25 - Ms. Heyden confirmed that the Board of Zoning Appeals approved the setback variance; therefore, this comment has been satisfied. Comment #29 - The City is requiring that a summary be added to the data table and landscape plan that indicates how the applicant calculates the required shrubs. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 Mr. Miller was agreeable to this comment. Comment #33 - Although the Commission required the buffers to be installed, permits are required. The buffer was put in without the permit. The permit is now in progress. Ms. Heyden agreed with the applicant's attorney to extend the timing of this to CO rather than building permit.. Since the permit is in progress, Ms. Heyden does not anticipate any problem. Therefore, the comment should remain as written. Vice Mayor Jaskiewicz advised that the quality of that buffer is a constant source of concern in that area. Mr. Morton explained that the buffer looks like the plan that was approved by this Commission and attached as an agreement between Leisureville and the developer. The plan called for a different size plant material than those planted by Cracker Barrel and RaceTrac. There is a different size hedge material planted from the north side of the lake to Ocean Avenue because that is what the agreement called for. .The agreement called for a 7-gallon Ficus hedge in one location, and a 3-gallon Ficus hedge in the other location, with the idea that the 3-gallon will grow to 7-gallon. In addition, Mr. Morton advised that the entire area is under the maintenance of the Woolbright Place Maintenance Association which is comprised of Trammel-Crow, who owns 50% of the responsibility for the maintenance. Kennedy Homes now owns 25% of the responsibility, and the First Baptist Church owns 25%. While Mr. Morton agrees that this arC1 is not being maintained, he no longer has any control over this situation. He recommended that Trammel-Crow be contacted at their rental office at the Vinings. Ms. Heyden further added that because there was no permit, there has not been an inspection. Once the inspection takes place. the maintenance will be taken care of. Attorney Cheraf recommended that the Commission include Comment #33 in the conditions of approval to ensure that this situation is taken care of. Comment #21 - The applicant has agreed to Bullets #1 and #3 of this comment. Bullet #2 refers to the blankness of the west, south and north elevations. These walls contain no windows and no articulation, other than the extension of the mansard around three sides of the building. The three elevations are highly visible. Because of the elevations of these parcels, there will be customer traffic around the entire perimeter of these buildings. There is a Community Design Plan requirement that the rears of buildings be designed as attractively 24 MEETING MINUTES REGULAR CITY COMMIS~. .....N BOYNTON BEACH, FLORIDA MARCH 4, 1997 as the front of the buildings. Staff has provided suggestions on how to accomplish this. At present. the plans reflect a split concrete block, which is an upgrade from stucco. However. from a distance, the joints between the split concrete block do not provide the appearance of breaking up the blankness of the wall. If stucco is used and control joints are incorporated. an appearance can be achieved that will break up that look, Ms. Heyden agreed to concede to the elimination of the comment with regard to the color gray. Her concern with the color related to the fact that these parcels are very small and close together. Ms. Heyden felt this color was very dark and the building needed to be lighter since dark colors make small buildings look even smaller, MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Commissioner Bradley feels it is important that all elevations appear attractive. He would like something incorporated to break up the stark look of the walls. With regard to the color, COr nmissioner Bradley pointed out that we want a cohesive look in the development. He thought it might be necessary to address the Food Court also when talking about schemes and colors. He is open to doing whatever it takes to make these projects look compatible. In response to Mayor Taylor's question about Burger King, Mr. Morton advised that the Burger King Corporation has a conflict with the franchisee. The conflict is related to the way the building is situated on the site. They are working to resolve that issue. A revised preliminary site plan has been submitted to Planning. Mr. Morton is not certain that plan will satisfy Burger King Corporation. However, at this time the project is stalled. With regard to the issue of architectural compatibility, Mr. Morton agrees there should be some compatibility between parcels within a commercial development. However, there are usually corporate users involved in outparcels. He reminded the Commissioners that Longhorn Steak House and Hops do not look alike, and they are located side-by-side. Discount Auto has a corporate image. They have agreed to the mansard roof which is compatible with Burger King. They have also agreed to switch to a black matte finished band at the request of the Planning & Zoning Department. The architect has agreed to incorporate window treatments that will break up the blank facade on three sides. Mr, Morton feels Discount Auto has made a lot of concessions to make this project compatible, The Food Court has changed from a blue double-hip roof to a single-hip roof with a bronze finished standing seam metal roof. This is the same roof being used by Burger King. The building is stucco with a canopy and tile band. They are attempting to use the same colors 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 4, 1997 for the storefront and windows used by Burger King. If Burger King moves forward, all three projects will have some compatibility of design. Mayor Taylor feels that when an entire project is constructed at one time, it is much easier to design the buildings to be compatible. This project has come in one segment at a time. Some things can be done with colors and landscaping. He feels there is an attempt to do something with landscaping. He feels the applicant is working to make the projects compatible by including the mansard roofs and landscaping. The applicant has agreed to include window treatments (real or false). He feels the applicant is trying to get some consistency in these projects. Vice Mayor Jaskiewicz questioned why the mansard roof is not continuing around the fourth side of the Discount Auto. Ms. Heyden advised that staff is only requiring the mansard on three sides. Commissioner Titcomb recalled previous Commission discussions about the four-sided mansard roof when Burger King came before the Commission. The argument involved the fact that these parcels have heavy traffic on all four sides. Mr. Morton confirmed that there are no doors on the eastern (rear) elevation. This is not a heavily trafficked elevation since it is the parking lot side of Home Depot. This is the furthest part of the parking lot from Home Depot. The applicant addressed the Planning & Zoning Department's comments by providing the mansard on three sides. The applicant extended that mansard part of the way around the fourth side. This side of the building is in compliance with the recommendations set forth by the Planning & Zoning Department and the Planning & Development Board. Mayor Taylor confirmed with Ms. Heyden that. at this point, it appeared that the only remaining unresolved condition was Bullet #2 of Comment #21 since she agreed to drop Bullet #4 concerning the building color. Mr. Morton agreed to include three windows (real or false) on each of the three elevations. That will provide a break in the elevation. These windows may be 2' wide by 4' or 5' high and they will be 6' above the sidewalk. Ms. Heyden questioned whether Mr. Morton was making this offer in addition to the control joints on the stucco. Mr. Morton responded negatively since the applicant is using split block on all four sides of the building. 26 MEETING MINUTES REGULAR CITY COMMISSlvN BOYNTON BEACH, FLORIDA MARCH 4, 1997 Ms. Heyden feels something in addition to the windows is needed to break up the walls. She recommended insets if the applicant uses split block, or suggested that the applicant switch to stucco on that side of the street. Mr. Morton asked for clarification because he interpreted Ms. Heyden's remark to mean that she was requiring stucco on one side of the building with split block on the other three sides. He pointed out that the split block has never been a problem in the eight months this project has been in review. He pointed out that the RaceTrac building is gray split block with no windows or control joints. Gray block will not take control joints. If three windows are included on three elevations, there will be a break up. It will be a totally different building from what Discount Auto has as their corporate image. With regard to Comment #33, Mr. Morton recalled that Attorney Cherof recommended including the west buffer of the PUD as part of this approval process. He explained that the west buffer is part of the PUD. not the PCD. That comment should be eliminated from this development order because the PCD cannot rely on what happens in the PUD. The City has remedies in the PUD to take care of that buffer. The City can advise them through Code Enforcement that they are not maintaining the buffer. In addition, that hedge was installed under the license agreement and approved as per the license agreement. It was the applicant's contention that the hedge was put in by Commission order, and was not subject to the permit process. That hedge was inspected and accepted by Leisureville when it was installed. The applicant is willing to maintain and look into any deficiencies, but it does not belong in the PCD approval. Mr. Morton would like that requirement eliminated. Discount Auto has nothing to do with the PUD. The PUD is Trammel- CrowNiflirgs and the Woolbright Place Master Association. They are responsible for the maintenance in the PUD. This is not a common area for the PCD, and the PCD has nothing to do with that site. Ms. Heyden disagreed. She advised that the tract that is being referred to buffers a common area that provides drainage for both the PUD and the peD. Normally, projects can be broken up. However, this project is tied in a number of ways. A lot of the infrastructure on these projects is tied together. Therefore, it is a logical conclusion that the buffer should be tied together. This buffer was supposed to be in 21 months after the property was platted in 1990. It is now 1997, and the project is reaching buildout; therefore, it is time to get the buffer the way it should be. Mr. Morton disagreed with Ms. Heyden's remarks about a comment stating the buffer had to be put in 21 months from 1990. Mr. Morton said the comment is in the 1995 agreement that said it must be put in 21 months from November of 1995. 27 MEETING MINUTES REGULAR CITY COMMISSI BOYNTON BEACH, FLORIDA MARCH4,1997 Mayor Taylor had no objection to the walls as long as the windows are installed. He does not have an objection to the color gray. With regard to the buffer, the comment needs to remain as a condition of approval. Vice Mayor Jaskiewicz concurred with Mayor Taylor's remarks. Commissioner Tillman feels the applicant has come a long way based on the national design of Discount Auto. He had no problem with the walls. However, the buffer needs to be put in. Vice Mayor Jaskiewicz does not agree with Bullet #4 in Comment #21. She cannot envision a Discount Auto Store being pale peach. However, she felt there would have been a much more attractive contrast with the black mansard roof if the color gray was lighter. Mr. Morton pointed out that the national color is the gray that was submitted. Perhaps a different shade of gray would look better, but he believes the color of the building should remain as submitted. Motion Commissioner Bradley moved approval of the site plan approval for Discount Auto Parts at the Shoppes of Woolbright pee subject to staff comments inclusive of Comment #33 and reflecting Comment #21 that the gray proposed by the applicant is acceptable. that the split block is acceptable, and that the windows or window applications as suggested by the applicant would be part of the approval. Commissioner Tillman seconded the motion. Attorney Cherof confirmed with Mr. Morton that there will be not less than three windows on each of the three elevations not less than 2' x 4' minimum each (8 square feet) in size to break up the blank walls. The motion carried unanimously. B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Food Court at Shoppes of Woolbright peo Michael Morton, Morton Group, Inc. Howard R. Scharlin, Trustee East side of S.W. 8th Street, approximately 450 feet north of Woolbright Road SITE PLAN - Request for site plan approval to construct a 3.710 square foot food court building on .49 acres in the Shoppes of Woolbright PCD 28 MINUTES PLANNING AND DEVELC ~ENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Motion Mr. Wische moved to approve the minutes of the January 11, 1997 meeting as submitted. Vice Chairman Golden seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from Planning and Zoning Department 1. Final disposition of last meeting's agenda items Ms. Heyden reported that the City Commission approved the site plan for Blockbuster Video at Boynton Lakes Plaza, subject to all staff comments, as recommended by the Planning and Development Board. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Site Plans New Site Plan Description: Discount Auto Parts at Shoppes of Woolbright PCD Michael Morton of Morton Group, Inc. Howard R. Scharlin, Trustee East side of S.W. 8th Street, approximately 300 feet north of Woolbright Road Request for site plan approval to construct a 6,492 square foot automobile parts store on 0.64 acres in the Shop pes of Woolbright PCD. Project: Agent: Owner: Location: Ms. Heyden modified comment number 33 to state "Certificate of Occupancy" instead of "building permit". She also modified comments 34 and 36 to read "plat approval" instead of "building permit". Mr. Morton stated that the City Commission added the following condition to the Developer's Order for Burger King: "The design elements approved for this site shall be 2 MINUTES PLANNING AND DEVeL.OPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11 t 1997 carried forward on all future development within the PCD." Mr. Morton stated that this affects the two applications on the agenda this evening. He vehemently objected to this comment and said he was not present at the City Commission meeting when this comment was added to the Developer's Order. Therefore, he was not aware of it until it was put into the Developer's Order. He asked if it was the intent that everything look like Burger King and if Burger King is going to become the criteria for the balance of the shopping center. He also asked what establishes Burger King as a criteria for architectural design, control, and the architectural element for the Discount Auto Parts project. He felt it would be ludicrous for all future developments on this property to look like Burger King. He pointed out that all the outparcels have individual corporate identities, Ms. Heyden advised that this condition was recommended by the City Attorney. The Community Design Plan requires buildings to be harmonious and compatible with one another. Also, under a planned commercial development, there is language in the Land Development Regulations that requires efficient and harmonious design and designs that are related to one another. Therefore, there is an expectation that planned districts be tied to one another so that they look like a unified comprehensive project. Mr. Morton pointed out that usually the design of the shopping center is carried forward into the outparcels instead of the outparcels dictating what the shopping center is supposed to look like. He also pointed out that RaceTrac does not look like Home Depot, and Cracker Barrel does not look like anything else in the shopping center. He said if he knew about this comment beforehand, he would not have allowed Burger King to go forward. Mr. Rosenstock felt it was a misstatement and misnomer to say that Burger King is setting the precedent or example of how Mr. Morton's shops are going to look. He felt Mr. Morton is selling off any part of his development that he can to any organization he can before any centralized theme or idea is set forth. He felt there has to be some community responsibility on behalf of corporations that develop land within the confines of a particular city. There should be unification of landscaping. There has to be some element of tying the project together so that it does not look garish or uncoordinated. He felt there has not been any attempt to unify this project with regard to design, color, or landscaping. Mr. Morton felt that if there was going to be continuity of a theme or color, it could have been established from the start by attempting to make RaceTrac look like Home Depot. It should have been established before Burger King was approved. Now is not the time to set the theme to make everything else in the center have the design elements of a Burger King. 3 MINUTES PLANNING AND DEVELorENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 With regard to tying in some elements, Mr. Morton agreed to make the landscaping on the three outparcels totally compatible. The landscaping and lighting poles will be compatible between these three projects. The Food Court building will have some architectural compatibility with the Burger King elements. It will have the same bronze standing seam roof instead of the blue roof that is depicted on the drawing. A tile band will be used under the windows. The windows will be redesigned on the building so that they will have some similarity to the design elements of Burger King, including the color of the window frames, the same type of entrance door frames, and the same bronze metal. Also, there is going to be a cap on the top of the roof like the red cap one on Burger King. However, we are going to carry the theme of the building color rather than the red so that it does not look exactly like Burger King. The roof will be carried around all four sides of the building. In addition, Discount Auto has agreed to put an angle on their black metal fascia roof so that the roof becomes a mansard style roof. Mr. Rosenstock asked if the lighting that goes from RaceTrac to Cracker Barrel is going to be different than the lighting proposed for the rest of the development. Mr. Morton said he could not answer this question because he does not know what the lighting is on the RaceTrac site and the Cracker Barrel site compared to what was approved for Burger King. However, he said he is going to use the same light poles, the same light fixtures, and the same style of landscaping. Mr. Morton stated that comment 22 is the same as comments 34 and 36. With regard to comment 33, Mr. Morton stated that the west buffer of the Woolbright Place PUD, which runs from the north property line of the church to Ocean Avenue, was mandated by a special agreement between the City, the developer, and Leisureville. He had to install the hedges and that berm within a certain time period. However, Vice Mayor Jaskiewicz asked him not to install them because she was having difficulty getting agreement amongst the property owners of Leisureville regarding what they wanted. When she worked it out, he complied with the agreement. Simultaneously, he submitted for permit which included that and the landscaping around the lake. At that time, there was discussion between the landscape architects and the City as to the littoral zones. He agreed to redo the plan, include littoral zones, and do it to the satisfaction of the City Forester. The west buffer has been installed. He did not think the condition that the west buffer of the Woolbright Place PUD (east side of S.W. 8th Street) that separates Purple Heart Way and the Shoppes of Woolbright PCD from the residential development in the Woolbright Place PUD should be a condition of approval for Discount Auto. He felt it should be a condition on whatever he does with the 14 % acre parcel that still remains. He said it would serve no purpose to do anything with that buffer. In fact, the Vinings put a buffer between their property and the proposed road. 4 MINUTES PLANNING AND DEVeLOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1997 Ms. Heyden advised that the buffers were installed without a permit. Mr. Morton has a permit in. There were comments, but they have not been addressed. Mr. Morton has revised his plans, but they have not been to the satisfaction of staff. Mr. Morton said he put in the west buffer per an ordinance signed between the City Commission and the developer. He applied for a permit for the installation of the sprinkler system and the permit was issued. He installed the sprinkler system and put the hedges in afterward. The hedge is now included on the lake maintenance plan which is being revised. Chairman Dube inquired about the roof of the building. Ms. Heyden stated that she has been working on this for two months with Mr. Morton, and she is not going to agree to anything until she sees it on paper. Chairman Dube said he was referring to Discount Auto, not the Food Court. Ms. Heyden advised that the City Commission was looking for something to tie the buildings together. She said she told Mr. Morton that if he did not like her version of what she feels ties the buildings together, to tell her what he is offering. He offered nothing. Mr. Rosenstock said the purpose of this board is to review plans, comment on them, and advise the City Commission. He said Mr. Morton wants to bypass this board and present plans only to the City Commission. He asked if Mr. Morton has complied with the City Commission's request. Ms. Heyden was of the opinion that he has not. She said even if the Commission had not made that comment, she would be before the board tonight saying that there needs to be something to tie these parcels together. They are very small, the buildings are very close together and are right up along the street edge. It is more important to her to get these three parcels unified than it is to be similar to some building that is set way back and is basically an industrial building. Mr. Morton felt that instead of arguing about what is wrong with the Discount Auto building, the Planning Department should be able to make recommendations as to how they would like to see this building before it comes to this board. He stated that he presented a typical corporate Discount Auto and if there is a problem with it, the Planning Department should suggest what they would like to see on this building. In absence of that, he is dealing in a vacuum. He said the comment states that the black fascia should be replaced with a mansard roof on the south, west and north, of a texture, material, and color compatible with the mansard roof of Burger King. However, it also states that to avoid monotony of highly visible building elevations, provide a rhythmical pattern of off-sets on the west. He said either you have compatibility or you do not. To him, monotony is making all the buildings look alike. He believes Discount Auto is open to suggestions on how they can improve the look of their building. They have a typical corporate building. Somebody needs to give them direction. The City needs to have the proper staff to help make these presentations more proper. 5 MINUTES PLANNING AND DEVELor ._.'ENT BOARD BOYNTON BEACH, FLORILJA FEBRUARY 11, 1997 Motion Vice Chairman Golden moved to recommend approval of the site plan for the Discount Auto Parts to construct a 6,492 square foot automobile parts store on 0.64 acres in the Shoppes of Woolbright PCD, subject to staff comments with the modifications to items 33, 34, and 36 noted by the Planning Director and approved by Mr. Morton; that is, changing "building permit" to "Certificate of Occupancy" in 33 and "building permit" to "plat approval" in 34 and 36. Mr, Morton felt comment 22 should be included. He said it is going on the master plan and asked if it belongs there. Vice Chairman Golden would not include this in the motion. Mr. Wische seconded the motion, which carried 6-1. Ms. Frazier cast the dissenting vote. (During discussion of the next project, Mr. Rosenstock changed his vote on this project. Therefore, the motion carried 5-2.) Mr. Morton asked if this board had any recommendations about how they would like this building to look or if he has to continue to work in a vacuum. Mr. Elsner questioned if it is up to the board to design or if it is up to the developer to bring in plans. Mr. Rosenstock said he voted for this motion because it says what Ms. Heyden has been saying from day one. He suggested that Mr. Morton make an appointment to see the City Manager if he feels the Planning Department is not cooperative. He said maybe something could be worked out if Mr. Morton asked the Planning Department what they want and what they think would be a good viable landscaping plan, or if Mr. Morton submitted some suggestions that tie the projects together. Mr. Morton advised that he has met with the Planning Department dozens of times, and we are still hung up on the language that came down from the City Commission. He has met with the City Manager and the Mayor, and he is still looking for some kind of guidance. The issue is that is states, "make it look like Burger King". Mr. Rosenstock felt that was a misstatement. Mr. Morton pointed out that Mr. Rosenstock voted in favor of the motion. Mr, Rosenstock clarified that he voted for unification or some kind of coordination. If he voted for making it look like Burger King, he wanted to change his vote to nay. Mr. Wische suggested that Mr. Morton contact the City Attorney for clarification. Mr. Morton said he has contacted the City Attorney and the City Attorney does not feel that this should be such a major issue, but Mr. Morton feels it is. Mr. Morton advised that the Planning Department has a recommendation for a more compatible elevation; however, it is still subject to interpretation of the comment by the City Commission. He felt there could be a more common sense, logical approach to handling this issue and felt the City Commission should clarify their intent. 6 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-035 THRU: Jim Cherof City Attorney Tambri J. Heyden -rg-iJ Planning and Zoning Director TO: FROM: Jerzy Lewicki Assistant Planner -::1L..-/ DATE: February 5, 1997 RE: Request to review legal agreements I am requesting for your office to review and comment on the attached legal agreements between Howard R. Scharlin, Trustee and both The Morton Group, Inc. and The Westwind Group, Inc. JL:dar Attachment xc: Central File D:\SHARE\ WP\CORRESP\CITY A ITY\REVLEGAL. WPD ~ ~ .:~,~: ::~~ rn PLANNINGEA,W>> ZONING tl n. AGREEMENT This agreement, is made by and between HOWARD R SCHARLlN, TRUSTEE (hereinafter referred to as "Scharlin") and MORTON GROUP, INC., as Agent for Discount Auto Parts, Inc. and Favorite Food Courts, Inc., a Florida Corporation (hereinafter referred to as "Morton Group") WIT N E SSE T H: WHEREAS, Scharlin and Home Depot U.S.A. Inc., have heretofore joined in a Reciprocal Easement and Operating Statement (the "Original Agreement") as recorded in the Public Records of Palm Beach County, Florida in Official Records Book 6378, Page 1953 on the 8th day of March 1990. A copy of the Original Agreement is annexed for convenience of the parties that may from time to time deal with this instrument. The definitions established in the Original Agreement when used here shall have the meanings established in the Original Agreement; and Whereas, Scharlin is selling a portion of the Out Parcels as defined in Exhibit "A-1" of the Original Agreement to Morton Group which portion is referred to here as the Morton Group Parcel, and is more particularly described in Exhibit "2" annexed; and Whereas, as part of the consideration provided to Morton Group in connection with the acquisition of the Morton Group Parcel, the parties have agreed as follows: 1.Assignment of Rights. Scharlin hereby includes the Qut Parcels as part of the Scharlin Parcel and assigns to Morton Group a non-exclusive right to share in the non-exclusive easements over and across the common areas within the Center as 9"eated in the Original Agreement upon the terms for the use and enjoymerft thereof as provided for in the Original Agreement. The Site Plan, annexed to the Original Agreement, identifies a primary access road for ingress and egress to the Common Areas from S.W.8th Street. Scharlin in joining here agrees that he shall not join in any instrument providing for the relocation of such primary access road without the written consent of such modification given in recordable form by Morton Group. 2.Access Road. Scharlin agrees to dedicate a non-exclusive access easement over and across the 27' adjacent to and between the Discount Auto and Food Court Parcel extending from S.W. 8th Street to the Home Depot parking area shown on the Site Plan. Scharlin shall construct as access road on such easement in accordance with the specifications required for such construction by appropriate governmental authorities. Morton Group has reviewed the proposed plans for such construction. The cost of the access road to be built by Scharlin shall be shared equally by Morton Group and by Scharlin. At closing of the Morton Group Parcel, Morton Group shall deposit with the Escrow Agent named below, an amount equal to one-half of the estimated cost of construction of this access road over and above the purchase price for the Morton Group Parcel. Scharlin shall deliver to said Escrow Agent an equal amount from the proceeds due Scharlin at closing. These funds shall be disbursed to Scharlin as construction of the access road proceeds based on construction draw requests in form ordinarily used by institutional lenders for construction draw requests in Palm Beach County, Florida. The estimated cost of construction of the road is $18,000.00. In the event the cost for construction of the access road exceeds the amount indicated above, then such costs shall be assumed and paid for by Scharlin. 3. Notice. For purposes of this Agreement, the parties shall provide notice each to the other by delivery of written notice as follows: As to Seller: Howard R. Scharlin 1399 S.W. 1 Avenue #400 Miami, FL 33130 As to Buyer: Morton Group, Inc. 902 Clint Moore Road #124 Boca Raton, FL 33487 Each party shall have the right to change their address for purposes of notice hereunder by giving written notice of change to the other party at the address indicated. 4. Enforceability This Agreement shall be specifically enforceable by appropriate action in the Circuit Court, Palm Beach County, Florida. The successful party shall be entitled to all costs and fees incurred in the bringing of such action. Further, with respect to the construction of the access road, in the event of unreasonable delay in proceeding with such construction and upon fifteen (15) days written notice for the curing of such delay. Morton Group may undertake completion of construction in the nature of self-help. In the undertaking such work, Morton Group shall be entitled to draw on the Escrow fund in the same manner as draws were allowed by Scharlin. 5. Miscellaneous a. Governing Law. This agreement shall be governed by and interpreted under the laws of the State of Florida and any action with respect thereto shall be brought in the Circuit Court for Palm Beach County. Florida. b.Execution of Agreement. This agreement may be executed in multiple counterparts each of which when taken separately shall constitute one and the same agreement. c. Effective Date. This agreement shall be effective on the date of recordation thereof and the concurrent recordation of a Warranty Deed conveying the Morton Group Parcel from Scharlin to prospective owner in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this day of January, 1997. Signed, sealed and delivered in the presence of: Howard R. Scharlin, Trustee Morton Group Inc., as Agent a Florida Corporation by: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-176 ~tc- t!wsP9(,,-v/] 9?~ S-?L(J TO: Anthony F. Occhiuzzo Building Code Permit Administrator RE: Shoppes of Woolbright - Discount Auto FROM: Vanessa L1era Zf;t-. Planning and Zoning Department DATE: April 22,1997 The following items must be met by Discount Auto prior to receiving a certificate of occupancy as stated by City Commission Meeting of 3/4/97, file no. NWSP 96-013: * A plat of Tract "C" of Shoppes at Woolbright, approved ,by City Commission. * Installation of remaining landscaping at west buffer of Woolbright Place PUD ( old 8th Street right-of-way between north property line of church parcel and Ocean Avenue) and lake perimeter planting and littoral planting for the Water Management area. * A master plan modification is required to be submitted and presented to the Planning and Development Board and City Commission for the relocation of north driveway on S.W. 8th Street. * A submitted and recorded cross easement agreements for the northern and southern driveways. * Rectify most current approved master plan. ~ue..)~ 1l' S-n.~Got'\M~1'lIQ. The Planning and Zoning Department will keep you informed when the above criterion has been met. f'e-t VV'\ I'T" :d: q {.p - ~ ~ 1"2- VHL : vhl xc: Mike Haag Central File ~l <7~ ~p-e-r.- ~'Sl5"1 S:\PLANNING\SHARED\WP\PROJECTS\DISCAUTO\MEMO.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-176 (Amended) FROM: Vanessa L1era Planning and Zoning Department BU\LO\NG 01V1S\ON TO: Mike Haag Building Code Permit Administrator DATE: June 25,1997 RE: Shoppes of Woolbright - Discount Auto'" tff, .t;tb't'? The following is a revised list of the requirements that must be met by Discount Auto prior to receiving a certificate of occupancy as stated by City Commission on 3/4/97, file no. NWSP 96-013: I * Plat for Tract "C" of Shoppes of Woolbright has been approved by City Commission.-~l>r /C.6?o-n.,o:':.o) -lJISCt>:.J'Vt- 4v~ {J.D. ;IN". CA>~\ 1'4r .4/'I'/lo>u,6(" AN<l ~C9.!>.t:ld'J", ..r * Installation of remaining landscaping at west buffer of Woolbright Place PUD (old C-OM~* IS 8th Street right-ot-way between north property line ot church parcel and Ocean Avenue) and lake perimeter planting and littoral planting tor the Water Management area, are currently in the inspection phase........blsc.ov,vr ~ fz> b. l), CO""-f>\f:.,.:Jr "33 -. J * A master plan modification is required to be submitted and presented to the .' / ~( Planning and Development Board and Ci!Y Co'!!'!'issi,)n f0011~!,,~jjQ!LQflJ9rth, jDI'~;,~ )<01 driveway on S.W. 8th Street./Master Plan has been approved by City Commission~ 7' 't * A copy of cross easement agreements for northern and southern driveways has" ' J,.J'(~t been submitted, but not the recorded copy. blsc~}.-JP.;> .D.o. #,,, DI5(.#)!- ',3(.? j * Current Master Plan is in the submittal process, has not been presented to P/D D.D, .Jf# Board.-- -- _,_,___.u___ f.,. * Landscape for Discount Auto has not been submitted for permits. The Planning and Zoning Divis"ion will keep you informed when the above criterion has been met. VHL : vhl xc: Steve Cooper Jerzy Lewicki Central File S:\PLANNING\SHARED\WP\PROJECTS\OISCAUTO\MEMO. DOC DEVELOP.w.ENT SERVICES DEPARTME... r PLANNING AND ZONING DIVISION MEMORANDUM NO. 97 -176 (Amended) TO: Mike Haag Building Code Permit Administrator FROM: Vanessa L1era Planning and Zoning Department DATE: July 1,1997 RE: Shoppes of Woolbright - Discount Auto (permit # 96-5843) The following is a revised list of the requirements that must be met by Discount Auto prior to receiving a certificate of occupancy as stated by City Commission on 3/4/97, file no. NWSP 96-013: . City Commission has approved plat for Tract "C" of Shoppes of Woolbright. Plat has not been recorded. Development Order of the City Commission dated March 4, 1997, comment # 15. . Installation of remaining landscaping at west buffer of Woolbright Place PUD ( old 8th Street right-of-way between north property line of church parcel and Ocean Avenue) and lake perimeter planting and littoral planting for the Water Management area, are currently in the inspection phase. Development Order of the City Commission dated March 4, 1997, comment # 33. . A copy of cross easement agreements for northern and southern driveways has been submitted, but not the recorded copy. Development Order of the City Commission dated March 4, 1997, comment # 16. . Current Master Plan is in the submittal process, has not been presented to P/D Board. Development Order of the City Commission dated March 4,1997, comment # 34 & 36. . Landscape for Discount Auto has not been submitted for permits. Development Order of the City Commission dated March 4, 1997, comment # 21. The Planning and Zoning Division will keep you informed when the above criterion has been met. VHL : vhl xc: Steve Cooper Jerzy Lewicki Central File S:\PLANNING\SHARED\WP\PROJECTS\DISCAUTO\MEMO, DOC fi c..-e N~ "l (,.. DJ !;) ~ e'\ (, .. c;,~ ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97 -176 (Amended) TO: Anthony F. Occhiuzzo Building Code Permit Administrator w ~ ~ 9 \991 l~ FROM: Vanessa L1era Planning and Zoning Department DATE: May 8,1997 BU\LO\NG D\V1SI0N RE: Shoppes of Woolbright - Discount Auto The following items must be met by Discount Auto prior to receiving a certificate of occupancy as stated by City Commission Meeting of 3/4/97, file no. NWSP 96-013: * A plat of Tract "C" of Shoppes at Woolbright, approved by City Commission.. * Installation of remaining landscaping at west buffer of Woolbright Place PUD ( old 8th Street right-of-way between north property line of church parcel and Ocean Avenue) and lake perimeter planting and littoral planting for the Water Management area. * A master plan modification is required to be submitted and presented to the Planning and Development Board and City Commission for the relocation of north driveway on S.W. 8th Street. * A submitted and recorded cross easement agreements for the northern and southern driveways. * Rectify most current approved master plan. * Issue of Landscape permit for Discount Auto. ... rilli~11 parking permit for Home Depot :#96-49n:-- The Planning and Zoning Department will keep you informed when the above criterion has been met. VHL : vhl xc: Mike Haag, ~ll.. "''1 Central File DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-370 FROM: Jim Cherof City Attorney Tambri J. Heyden, AICP $4- Planning and Zoning Director TO: DATE: July 16, 1997 SUBJECT: Access agreement for Burger King and Discount Auto At Monday night's meeting with Mr. Morton, Mr. Morton insisted that the city had a recorded copy of the above agreement. I have no record of a response to the attached memorandum pertaining to same. Please review and comment. TJH:dim Attachment Xc: Kerry Willis, City Manager Al Newbold, Acting Development Services Director Mike Haag, Building Code Permit Administrator Jerzy Lewicki, Acting Senior Planner Vanessa Llera, Plans Review Technician J:\SHRDA T A\Planning\SHARED\ WP\CORRESP\CITY A TIY\Access agreement for BK & DA.doc PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-035 THRU: Jim Cherof City Attorney Tambri J. Heyden ~gJJ Planning and Zoning Director TO: FROM: Jerzy Lewicki Assistant Planner -:J~ DATE: February 5, 1997 RE: Request to review legal agreements I am requesting for your office to review and comment on the attached legal agreements between Howard R. Scharlin. Trustee and both The Morton Group, Inc. and The Westwind Group, Inc. JL:dar Attachment xc: Central File D:\SHARE\ WP\CORRES P\CITY A lTY\REVLEGAL. WPD ~--~------- ~ , .,.., j;W ~ 4 ~:'::', PLANNING AND ZONING DEPT. AGREEMENT This agreement, is made by and between HOWARD R SCHARLlN, TRUSTEE (hereinafter referred to as "Scharfin") and MORTON GROUP, INC" as Agent for Discount Auto Parts, Inc. and Favorite Food Courts, Inc., a Florida Corporation (hereinafter referred to as "Morton Group") WIT N E SSE T H: WHEREAS, Scharlin and Home Depot U.S.A. Inc., have heretofore joined in a Reciprocal Easement and Operating Statement (the "Original Agreement") as recorded in the Public Records of Palm Beach County, Florida in Official Records Book 6378, Page 1953 on the 8th day of March 1990. A copy of the Original Agreement is annexed for convenience of the parties that may from time to time deal with this instrument. The definitions established in the Original Agreement when used here shall have the meanings established in the Original Agreement; and Whereas, Scharlin is selling a portion of the Out Parcels as defined in Exhibit "A-1" of the Original Agreement to Morton Group which portion is referred to here as the Morton Group Parcel, and is more particularly described in Exhibit "2" annexed; and Whereas. as part of the consideration provided to Morton Group in connection with the acquisition of the Morton Group Parcel, the parties have agreed as follows: 1.Assignment of Rights. Scharlin hereby includes the Out Parcels as part of the Schar/in Parcel and assigns to Morton Group a non-exclusive right to share in the non-exclusive easements over and across the common areas within the Center as created in the Original Agreement upon the terms for the use and enjoyment thereof as provided for in the Original Agreement. The Site Plan, annexed to the Original Agreement, identifies a primary access road for ingress and egress to the Common Areas from S. W. 8th Street. Scharfin in joining here agrees that he shall not join in any instrument providing for the relocation of such primary access road without the written consent of such modification given in recordable form by Morton Group. ill 2.Access Road. Scharlin agrees to dedicate a non-exclusive access easement over and across the 27' adjacent to and between the Discount Auto and Food Court Parcel extending from S. W. 8th Street to the Home Depot parking area shown on the Site Plan. Scharlin shall construct as access road on such easement in accordance with the specifications required for such construction by appropriate governmental authorities. Morton Group has reviewed the proposed plans for such construction. The cost of the access road to be built by Scharlin shall be shared equally by Morton Group and by Scharlin. At closing of the Morton Group Parcel, Morton Group shall deposit with the Escrow Agent named below, an amount equal to one-half of the estimated cost of construction of this access road over and above the purchase price for the Morton Group Parcel. Scharlin shall deliver to said Escrow Agent an equal amount from the proceeds due Scharlin at closing. These funds shall be disbursed to Scharlin as construction of the access road proceeds based on construction draw requests in form ordinarily used by institutional lenders for construction draw requests in Palm Beach County, Florida. The estimated cost of construction of the road is $18,000.00. In the event the cost for construction of the access road exceeds the amount indicated above, then such costs shall be assumed and paid for by Scharlin. 3. Notice. For purposes of this Agreement, the parties shall provide notice each to the other by delivery of written notice as follows: As to Seller: Howard R. Scharlin 1399 S. W. 1 Avenue #400 Miami, Fl 33130 As to Buyer: Morton Group, Inc. 902 Clint Moore Road #124 Boca Raton, Fl 33487 Each party shall have the right to change their address for purposes of notice hereunder by giving written notice of change to the other party at the address indicated. 4. Enforceability This Agreement shall be specifically enforceable by appropriate action in the Circuit Court, Palm Beach County, Florida. The successful party shall be entitled to all costs and fees incurred in the bringing of such action. Further, with respect to the construction of the access road, in the event of unreasonable delay in proceeding with such construction and upon fifteen (15) days written notice for the curing of such delay. Morton Group may undertake completion of construction in the nature of self-help. In the undertaking such work, Morton Group shall be entitled to draw on the Escrow fund in the same manner as draws were allowed by Scharlin. 5. Miscellaneous a. GoverninCJ Law. This agreement shall be governed by and interpreted under the laws of the State of Florida and any action with respect thereto shall be brought in the Circuit Court for Palm Beach County, Florida. b. Execution of ACJreement. This agreement may be executed in multiple counterparts each of which when taken separately shall constitute one and the same agreement. c. Effective Date. This agreement shall be effective on the date of recordation thereof and the concurrent recordation of a Warranty Deed conveying the Morton Group Parcel from Scharlin to prospective owner in the Public Records of Palm Beach County I Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this day of January, 1997. Signed, sealed and delivered in the presence of: Howard R. Scharlin, Trustee Morton Group Inc., as Agent a Florida Corporation by: - ---------------- DEVELOP11ENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-398 TO: Michael J. Pawelczyk Assistant City Attorney tf~~ Tambri J. Heyden, AICP Ic/ Planning and Zoning Director FROM: DATE: July 24, 1997 SUBJECT: Access agreement for Burger King and Discount Auto Regarding your July 21, 1997 response to the above inquiry, your standard legal review needs to provide answers to the following: 1. Does the agreement provide any loopholes to the requirement to provide a permanent access, in perpetuity, to Burger King and Discount Auto? 2. Does the agreement clearly spell out who is to maintain and own the access? 3. Does the agreement include the city's standard language developed by your office to require approval by the city prior to modifications to the agreement? TJH:dim Xc: Kerry Willis, City Manager Al Newbold, Acting Development Services Director Mike Haag, Building Code Permit Administrator Jerzy Lewicki, Acting Senior Planner Vanessa Llera, Plans Review Technician J :\SHRDA T A \Planning\SHARED\ WP\CORRESP\CITY A 1TY\Access agr comments. doc