AGENDA DOCUMENTS
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AGENDA DOCUMENTS
M E M 0 R A DUM
FROM:
Chairman and Members
Planning and Zoning Department
~~~
Christopher Cutro, Planning and
Zoning Director
TO:
DATE:
August 5, 1993
RE:
Exception to Platting - Home Depot
Lawson, Noble and Associates, Inc. has requested an exception to
platting for the expansion of the garden center adjacent to the
Home Depot at the Shoppes of Woolbright.
Board members will recall that the expansion of the gardening
center was approved a few months ago by the Board and City
Commission.
This exception will allow the creation of an additional parcel of
land to accomodate the garden center.
Once again, the infrastructure to service this parcel has been
installed or approved by the City.
The City Engineer has reviewed this request and has indicated that
he has no problems with the request.
This item has been scheduled for Board review and consideration on
August 10, 1993.
CC/cmc
C:Homedepot
CORRESPONDENCE
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
March 10, 1998
/
Ms. Susan Prillaman
Greenberg-Farrow, Inc.
1755 The Exchange
Atlanta, Georgia 30339
Re: Outstanding Conditions of Approval
Shoppes of Woolbright PCD
MPMD 97-007 - Rectified Master Plan
Dear Ms. Prillaman:
Attached are conditions of your master plan approval that remain outstanding after review of
your latest master plan drawings. Please recall that a building permit cannot be issued until a
rectified master plan has been achieved. If further assistance is needed, please contact my office.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
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Attachment
Xc: Central File
IICHlMAll'o',SHRDA T A IPLANNTNG\SHAREDlWPIPROJECTSISHPSWOOLIOUTST ANDING COF A-MPMD.DOC
America's Gateway to tile Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
-Outstanding Conditions of Approval
Project name: Shoppes of Woolbright PCD
File number: MPMD 97-007
DEPARTMENTS ADDRESSED NOT
ADDRESSED
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
l. Provide a copy of the agreements allowing storm water from this X
parcel to be treated on the P.D.D. property. The off-site
stormwater retention pond is expected to be maintained by the
P.U.D., whereas this project is in the P.C.D.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
2. Master plan needs to be signed and sealed and dated by design X
professional.
3. Due to the proposed subdivision of the property north of Home Deleted
Depot and relocation of the property line between Home Depot
and the subject property, platting is required.
4. Show on master plan a 4 foot sidewalk abutting the "Future Deleted
Retail" and "EXPO Design Center". Provide accessibility to
commercial buildings with sidewalk on the south side of Purple
Heart Way.
BUILDING DIVISION
Comments:
5. Add to the proposed master plan notes and symbols that represent X
the location of the required accessible parking spaces. The
configuration of the accessible spaces shown on the plan is
inconsistent with the accessibility code. Also, add to the required
parking calculations the computations that would determine the
minimum number of required accessible parking spaces including
identifying the number provided for the improvements proposed
Page 3
Shoppes of Woolbright peD - EXPO
File No.: MPMD 97-007
I DEPARTMENTS I ADDRESSED I NOT I
ADDRESSED
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
13. Comment No.3 to be reviewed by the city attorney and staff X
prior to the Commission meeting to determine whether the
proposed ownership of the requested parcels and buildings alter
existing unified control agreements and the plat of the property.
ADDITIONAL CITY COMMISSION CONDITIONS
16. Reword comment #3 to read "Since the proposed reconfiguration X
of the property north of Home Deport will combine the Expo
Design Center building and a portion of the parking area with the
existing Home Deport property and will create only one new
parcel encompassing the remaining property fronting S.W. 8th
Street, the 20,000 square foot future retail building attached to
the Expo Design Center and a portion of the parking area,
replatting is not required. However, provide a revised copy of
the reciprocal access and easement agreement and the unified
control agreement to include the Expo Design Center for review
by Planning and Zoning and Legal staff."
17. Delete comment #4. X
18. Reword comment #7 to read "The required 25 foot landscape X
buffer along the northern property line shall be included entirely
within the PCD boundaries and not encroaching into the public
right-of-way. Correct location of buffer accordingly. Pending
settlement revisions will waive this code requirement.
20. Reword comment #8 to read "Submit a recordable landscape X
buffer maintenance agreement to provide for maintenance, by
someone other than the city, of the portion ofthe greenbelt
proposed within the Purple Heart public right-of-way."
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IICH\MAINISHRDAT AIPLANNINGISHAREDIWPIPROJECTSISHPSWOOLIEXPOIOUTST ANDING COND, OF APPROVAL-MPMD.DOC\
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-306
FROM:
J. Scott Miller
city Manager
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Tambri J. Heyden ~L'~I Ll'c'i",- . Q, jije-t.i J~lL'
Acting Planning and Zoning Di1fector~~'
TO:
DATE:
November 23, 1993
SUBJECT:
Michael Morton's list of items - Woolbright Place PUD and
Shoppes of Woolbright PCD
After reading the verbatim transcript you provided regarding the
list of issues itemized by Michael Morton at the November 2, 1993
City Commission meeting, these issues can be summarized as follows
(the affected departments are included, as well as the Planning and
Zoning Department's understanding of the issue):
1. Vestina of the PCD and PUD relative to land use, plannina,
zonina, Ci tv ordinances and permit fees (all departments
represented on the TRC with emphasis on Planning and Zoning,
Building, Engineering and utilities)
This issue is addressed in stipulation 16, 20 c, 20 d, and 22 of
the January 24, 1990 stipulation and Settlement Agreement between
Tradewinds Development Corporation and the City. Based on the
referenced stipulations, of which I believe Jim Cherof has now
provided all TRC members a copy, staff has been reviewing all
development applications submitted by Tradewinds against the codes
and ordinances, including the zoning code and the 1986
Comprehensive Plan Evaluation and Appraisal Report, in effect on
November 1986. Incidentally, this is how the gas station was
allowed; it would not have been permitted under current
regulations.
I believe Mr. Morton's concern is really perm~t fees and impact
fees, administered by the Building Department. Stipulation 22 of
the 1990 agreement and condition D.2 of the 1986 stipulation and
Settlement Agreement address this issue; the two agreements are to
be read in tandem. Based on the language from the two agreements,
it is my understanding that only those fees required in 1986 would
apply to Tradewinds, not that the cost of the fees would be in 1986
dollars. Also, the 1986 agreement states that Tradewinds
acknowledges that the City cannot bind Palm Beach County as to its
Fair Share Traffic Impact Fee Ordinance and that Tradewinds shall
be subject to the County's implementation of that ordinance. The
City Attorney may need to advise.
2. Protected species and their habitat as it relates to pullina
permits (City Forester, Building and Engineering)
Although the Planning and Zoning Department is not directly
involved with this issue, I offer my understanding of the
issue which is that although Tradewinds is exempt from the
City's comprehensive plan policies regarding preservation of
flora and fauna, they are not exempt from the state and
federal governments' regulations regarding protected species
and their habitat, such as the gopher tortoise habitat and the
scrub jay. Therefore, I would expect that the City does have
a role in assisting with compliance of :hese regulations,
prior to issuing permits.
3. Reservation of sewer and water capacity (Planning and Zoning
and Utilities)
By virtue of stipulation 20 d, which references comprehensive plan
Policy 9D. 5.2 and stipulation 24 of the 1990 Stipulation and
Settlement Agreement, the referenced PUD and PCD are vested for,
among other things already discussed above, the provision of public
facilities. I do not know whether the Utilities Department
TO: J. Scott Miller
-2-
November 23, 1993
considers the payment of reservation fees applicable to Tradewinds,
in light of the effective date of the ordinance requiring
reservation fees.
4. Fi1ina master plan modifications (Planning and Zoning
primarily, however Engineering and utilities are impacted)
The letter Mr. Morton references in the verbatim transcript is the
October 22, 1993 agreement prepared by Jim Cherof. Mr. Morton
signed the letter, which was geared toward the Acme Plastics
project, agreeing that he would file a master plan modification and
the City must approve it, prior to submittal of any new project
within the PCD. In addition, at the August 10, 1993 Planning and
Zoning Board meeting when the Acme site plan was considered, Mr.
Morton agreed he would file a master plan modification before any
more plans were submitted for review. The City Commission at their
August 17, 1993 meeting approved all Acme staff comments, including
a condition that Mr. Morton discuss impact fees with Jim Cherof.
Despite that Acme has abandoned their plans for the PCD site, I
would strongly urge that the City Commission require filing a
master plan modification prior to submittal of any development plan
that is inconsistent with the approved PCD master plan, for the
following reasons:
a) the suggested timing of filing a master plan modification
is what is required of other applicants, however under
the procedure set forth under Resolution No. 92-99, an
expedited process is available to Tradewinds,
b) in light of recent information discovered by staff that
when the PCD was platted, an approximate 1.4 acre tract,
zoned PCD was excluded and included within the PUD plat,
and
c) to ensure the City's ability to enforce the prOV1S10ns of
the stipulation and settlement agreements related to such
things as uses, curb cuts and infrastructure and to
protect the City's interest in promoting the intent and
purpose of planned commercial developments which are
defined as:
1. land under unified control, planned and
developed as a whole in a single development
operation or a programmed series of
development operations for commercial
buildings and related uses and facilities;
2. provides for a commercial district of
efficient and harmonious design so arranged as
to create an attractive project readily
integrated with and having no adverse effect
on adjoining or surrounding areas and
developments;
3 . is developed according to comprehens i ve and
detailed plans for streets, utilities, lots,
building sites, etc., and site plans, floor
plans and elevations for all buildings
intended to be located, constructed, used and
related to one another, and detailed plans for
other uses and improvements on the land
related to the buildings; and
4. includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for
commion use by the occupants of the PCD.
5. Landscape buffer versus six foot wall on PCD property line
(Planning and Zoning)
To: J. Scott Miller
-3-
November 23, 1993
I have found the 1986 drawings Mr. Morton referred to regarding a
landscaped berm. In fact I have assembled all the PUD and PCD
plans ever submitted by Tradewinds for the Woolbright site and have
organized them chronologically. However, the detailed berm plans
were prepared for, and apply to, only the PUD. This makes sense
because by code, no buffer, berm or wall between the adj acent
Leisureville development and the PUD is required. Therefore, the
50 feet wide landscaped berm and buffer shown on the PUD plans was
proposed by Tradewinds to appease the Leisureville residents.
As referenced in the 1986 staff report prepared by the Planning
Department and as shown on the 1986 PCD plans, the peripheral
greenbelt required by code where the PCD CioutS residential and
where it abuts non-residential districts is shown with no details
for berming or buffering. Therefore, I believe that a wall and a
greenbelt were anticipated for the north and west PCD boundaries,
as is existing in other PCDs.
6. S.W. 8th Street - a four lane road transitionina to a two lane
road (Planning and Zoning and Engineering)
Based on the width of the S.W. 8th Street right-of-way as platted
wi thin the peD and the PUD, Mr. Morton's statements appear to
correlate with the intent of the platted right-of-way width.
However, I am curious as to what roadway improvements were bonded
with the PUD plat; an Engineering Department matter. Traffic was
a major topic of discussion during the special city eommission
meetings held to finalize the enhancements. I can find
correspondence from Tim Cannon, the Acting Planning and Zoning
Director, when the meetings took place in November and December of
1989 and January 1990, however the department's recommendations
were not approved by eity commission. Furthermore, I am missing
the exhibits referenced in stipulation 15 and 16 of the 1990
Stipulation and Settlement Agreement.
I presume that the methodology used in the approved traffic study
which addressed the enhancements factored in various off-site road
improvements. Therefore, a change in the required road
improvements would impact the traffic distribution assumptions made
and would necessitate a new study.
7. Expedited processina (Planning and Zoning and city Attorney)
Resolution No. 92-99 sets forth a procedure for expedited
processing. Former Planning and Zoning Director, Chris Cutro,
worked with the City Attorney in drafting the procedure. However,
Chris had informed our department that certain details he and Jim
Cherof had discussed were left out of the resolution leaving
uncertainty with respect to several points. Chris left no notes
regarding the meetings he and Jim cherof had with Michael Morton,
therefore the City Attorney may need to advise. However, since
staff has had some difficulty enforcing the resolution, I concur
with Mr. Morton that the meaning of "expediting" is still not as
clear as it should be.
8. Industrial access road as part of PCD (Planning and Zoning and
City Attorney)
Stipulation 18 of the 1990 Stipulation and Settlement Agreement
states that the City agrees that Tradewinds may access the PCD from
the industrial collector road (now platted as Morton's Way). I
know that the industrial access road has been discussed at great
length during mediations and during meetings between Chris cutro,
Michael Morton and Jim eherof, but do not know what transpired. I
am not clear what Mr. Morton means by incorporating the road within
the PUD, unless he wishes to rezone and replat the road as part of
the PCD. The phYSical location of the road is virtually locked in
place due to the obligation to serve the M-l property to the east.
Therefore, I see no benefit in either case, since the City is bound
TO: J. Scott Miller
-4-
November 23, 1993
to allowing access to the PCD from the road. More clarification
from Mr. Morton may be needed.
9. 1986 Stipulation and Settlement Aqreement and 1990 Stipulation
and Settlement Aqreement (City Attorney)
Staff has been operating, under the guidance from the city
Attorney, that the two agreements do not stand on their own and
must be read in tandem. If Tradewinds wishes to modify the
prohibition of fast food establishments (it seems this is the only
issue Mr. Morton is concerned with in the 1986 agreement) then at
minimum, the approved master plan should be modified. The city
Attorney needs to advise regarding the mechanism to change the
agreement, if necessary.
10. PYlon siqn alonq I-95 (Planning and Zoning, city Attorney and
Building)
I was not aware that this had also been discussed at mediation,
therefore I do not know what Mr. Morton had proposed relative to
size, wording and height of the pylon. However, at a minimum, the
approved Shoppes of Woolbright PCD sign package would need
amending. In addition, variances by the Board of Adjustment may be
necessary. sign variances are regulated by Section 21-16 of the
Code of Ordinances (page 1492). Only variances to setback, area,
height and number of signs can be applied for and granted. Mr.
Morton is asking for a sign on the side of the PCD which has no
street frontage; there is another piece of property between I-95
and the PCD. Street frontage is a requirement for additional
freestanding signs.
As a point of information, the Quantum Park signs referenced by Mr.
Morton WBre approved by variance under a different sign code. In
addition, Quantum does have frontage on I-95.
11. Tradewinds acreaqe on Bovnton Beach Boulevard (Planning and
Zoning, Recreation and Parks and city Attorney)
The two acres referenced by Mr. Morton were the subj ect of a
November 1991 land use element amendment, rezoning and text
amendment which was denied by the City Commission. Similar
applications were filed in August 1990 which Tradewinds withdrew
prior to city Commission public hearings. I was not aware that
this acreage was discussed at mediation and am also not aware that
the City won't be building a park on the 3 1/2 acres acquired
through dedication under the subdivision regulations for parks and
recreation purposes.
Pursuant to the October 17, 1990 parks and recreation agreement
between the city and Tradewinds, since the city has failed to
generate park development plans within three years of the
agreement, Tradewinds must now pay $60,000 in lieu of the already
occurred land dedication. Therefore, the agreement should be
extended or the fee paid. Since, construction of the PUD, a
residential development that will be served by the future park, has
not begun, it is recommended that the agreement be extended.
12. Letters of credit (Engineering, utilities and Building)
No comment
13. Future uses within the PCD and PUD (Planning and Zoning)
Subject to any use limitations specified in the stipulation and
settlement agreements, Section 6.F.5 of the Zoning Code governs PCD
permitted uses, conditional uses and uses requiring environmental
review. Since this section allows all uses in a PCD that are
allowed in C-3 zoning district, for uses not clearly allowed, and
not expressl.Y prohibited in Section 6.C.1 of the Zoning Code, the
use approval process can be initiated by Tradewinds. This is a
TO: J. Scott Miller
-5-
November 23, 1993
short process that enables a use determination without the expense
and effort involved in submitting a site plan. If this process had
been initiated, the Acme site plan request would have gone a little
more smoothly. Uses within the PUD are governed by Appendix B,
Section 7 of the Zoning Code.
In conclusion, I want to thank you for permitting me additional
time to prepare this report. Due to the history of this project
and the complexity of some of the issues, the extra time was
necessary to thoroughly conduct the research.
tjh
A:MortonLst (Tradewin)
xc: Michael Haag
Michael Rumpf