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'" "!.... .~. ",". .....:..::/.~~~.....- \ r"'!JUD I ~Il
y'"'tt.:'. ;..' · ,) . I ' ':' '. - Cf'Jri . \ r- LU~.I[
: p I ,i......):,. ,:'. "'~ '~~~~>-"LJ'~' '''',.::v- J:. . 'I '-;: lJjOl~-. i- l~t!LrlrJ.'II;'
'. . ~ -j';'..' .~td >:~""'.~;~:. '.)~.~ "",~'. r . . . I -vcuollit
/. . ~.f ,I'. ... A.).~':~",<#.'-:~:~ .,'N . .).~ \.J;;J" \l'JchoL BRlbHT I rmrrr:T'illK
>. .' ...,~..~~~r~..',,/- ;:... .....,,,-fY ~ ,<.~~\ ' " I..'LAceU ~111'~III,: ,i
'.' ~. >'<' .,. ',r .~! -. -. ...J...
. 11 . '. '..',:,-., . ','IL. ,\ '. '\1 i 1 J'llJ:Jr:"-'1T!"
;~. ,,,f:..../,. A f" ."~~,:' '.\ . ""i\ l\-....-.. .. . - ~. ...--~!\I:
;' ~>t:';/""'4~ t. "\''''' ~'\\\"'" \.~ . \ \ \
-- ( ,. p.' ~... e 3 .. Lt ~. \ \ \..:... \. - L ~ U
\' , '\ ~ . , ' '1' ~ \ ....
. .. '. \I ff rrr '~""1; ", <'. " ",'
; . : [rnl JtffilF: It. 1. :. .: ~~~,;;t: .'__ ~.. J If
!: :.frn I ! ltd: ~ :, I :. iJ : ~ . #\~:::~ __~ ~ ' .
.....-.t.)I ~I l!_.~., '~:_, _ (~~.~.... 1-- L- .~, "', .., I~- ;.......
. -'t-.~'Ii"- -..--.. ....--- ~I__~'-. - _ I .'~ I ~ .
'I I ' R3 ~ ~--_..-;- ....1' I
C,. III' ...~'..i ..,'...Il'i,;~'~ . [" .~ l C.. 1 ca, ~SIr
I' . JW"';' _.' "~;fnl':J If, :~';I :J' 't I ~~ /' / z' - ---I
., ~\ ~;!~ W ~ ..'fIJ 7' I '/J ~,; ~
I ;' fjh ,: 0ill I, . Llt ; ~ ~j I.i f.__.,.-._~l
Il~L~r.tfi ' .~ ~X\ ~ t, ,-' ", I D_J' I//J .' ~ ,,"11. t'ri
.' ....~-~~~?~~~~~<V .'~.7 , :II. I ~: p~~ '- IJ
,~~I.(' .;'" 1i' . I -,,: 'J 'j -1.1.11...7.0.....
~~...~.::-....?~..n" ik". k ~~ ,~\ ,) ,: ' 1/ - 7
r'~~1 i i..L. 11 "'l" ....~,,-;,.. ~..~...~~ 'T ." "'t ~:' ~/J;,// /:~:....,.-.:
, 'r!" rTj.~. Il.".....,,~ '< .,. ], I
J ..": '; ..' : (1. ~~ ~~ '''1. \ t ( : ~';~ r ~
, ,~l '1j-;~ ", ~. ~ , . '. -; @J1 -:-=-=
Jr ~ r I '. 111 Jf~= ._=/ ~ iWl1GJ .- _L ,:S-:id
~,,1I1.!.:1! I ~\;I ~~If' r , " : ~///I ITlOJ'--: I ;..~
- ... .. '.. ... . -' l' I. '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')"
. If' ':1 ,,t i 7R1A" i3 L UJ~: I. I . ' { ~r '" If 11-
t1 I \; iL-~J r,;
, ...... , .... ,T" ,..". ',', ..... .,;" , o~\ \ ~ U D I [;x
, y~ll.;'. . .: ~ ,> . < '. .... . (' . \ .- rTT1-rT'l'
: ~ I ~'~'~")~'~ .:'. "...~~~~~~~~~ .:'" \', .' :. ' .' I '- ~ lJrOl~~- i- ~R:~.1 ~~
'(' ~"'.V " '<1" :':':'.,"':<;,,:" ~ ". < r ", · I {r'tunilll:~:
I', .,f t!', ',' ..... "':\'#':">:"}"N)'~ \.j:;'t\l'"c\tPLB~IGHT I fm~r:lt~~t
o ~ I. (0 <. ' _)' '. '. ... " /. ~ , . _II. t _' '. to' I .' '.', 1',1:..,
..0<..'. ~.<>~_ :.j , '" '~~. .".' /J';\' 1 PLAce" -
)1 . I . " ,,,-V ,'~.,,',1 '-l \ .Pil~TT""-'
~~ ~.' ~c~,:. .....(..~~'~.,I''.. ::.~~',>~<.. (~',."~ \ \\ .........,. .. .......- I ~.u..:,i;~~.I'L::'
, '.p<, ./'.,~: f. ';, " ~. \ ~~ ", ". 'f\. . \ {~~
f![rHrJtml~J t~;:';'\:"9t'A=r. i ~1 r- IJ
I ~ J :Ifni '1 ll.JJ !'i!i ~.' ;.~~~~ 'r:~ '--1 !tI tS>~ !f.~
~..9~,~ ~.l .... I .~. ~~~ ~.. 1:.- - ..... ~-, I ~_I
. -' '-:"",,-oa-. ~..,--" ----, -. ~~ - ....... . ~ j'lft- ~
'I . R 3, ~~----,._:;- :' "
, c-.'\I't;I;'I"}":'ff,;i"i~tI~,...~-...j("'~' c. 1 C3 .... . ~SEr_ 1=
j.. ~lln., 1 -'.11 t .' a; ..II..' ~}: " 7L ------- :~ / VI 1--.
~ ,; .. . '. I T III ~"J ;.-
; Ii'':'/ : ~~~,~rr. 'llU' j ~/I ~" q
I; ll~? I I_~-Ad. ; _ C __--~/ v.~ u..~ lr
:It:tJPdlG;tEc'l~~6''\1 _. ~ l'#iC-::/~R ~~" ~ ,...Jl~
l~L~~ . {' .</1 1 I:~ 'II : PUD II
:'~ ~.,..~ FI;J~ ~ "".: ,~~ . I) 2 ~JJ '1/1) -I.LJlj:~~. ,OM':
It~' , · L:11 ,,' · '.~. ) .' :l J.' rJ 'fl. -
1!~?:.'i:"'0'f:?"~~~'~~~"\' ~. .; II J./ 10'(1,0' 6 ,-,..... ,- ....~
I', .~f/r!t}1;,.~~J\'l\,q.." 71_ i'//J) -==-=.!
~~. I ':~~ i .J.f{~..1,l~' ~ 'co t ,:..L..... _~',~ " 11//// f ,~~wr .~1J[:r' ~~
I ~ r 1'1 ~ ,,- . ~01 ~nr.I) f-'- L 1:6.:
_ ~ _ _ -=! ~I LI , ULU f-: ,,.. ::
~Lt L :, . .:: l _ \ \ ;, , 1'1' ir I: ,. ... #;.<~ I 1183~:: I .1 ~ ~
.J .i." . i I ~ . , . . ! ~_r I I 1 I 'It J, ,'01/ I I I ::: - L... . ~ 11
. '~.r.:~.,;:-. ~1;~...;;.;'1 L - ., R : ~ 1'// I! .t'\ pJ I. " '~-.'
.,;.~',~~~.~:-.~~-.\-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