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LEGAL APPROVAL ;}'-'"') " fJJie City of 13oynton 13eacfi 100 'E. 'Boynton 'Buuft 'Boulwarti P.O. 'Bo't31O 'Boynton 'Bear.li, :Jforitfa 33425-0310 City:Jia[[: (407) 375-6000 :JJU: (407) 375-6Q9Q July 18, 1996 Michael Carey Carey Company, Inc. P.O. Box 4545 West Palm Beach, Florida 33402 Re: Riverwalk File No: Location: Shopping Center f.k.a. Causeway Shopping Center PKLV 96-002 Approximately 150 feet east and 150 feet south of the southeast corner of Woolbright Road and U.S. No.1 Dear Mr. Carey, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for a drainage variance, a driveway distance variance and a clearance at major driveway variance. Should you have any questions concerning this matter, please feel free to contact this office at (561) 375-6260. Sincerely, J~u':f:~de-1l/ Tambri J. Heyden, AICP Planning and Zoning Director TJH:dar Enclosures xc: Central File a:develord.rivl/pk 5lmerica's (jateway to tfil (juIfst1lam DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA m t!e.: PLANNING AND ZONING DEPI APPLICANT: Florida Bovnton Investment. Inc.. owner APPLICANT'S AGENT: Mike Carey DATE OF HEARING BEFORE CITY COMMISSION: Julv 16.1996 TYPE OF RELIEF SOUGHT: three variances from the Land Development Reaulations. Chapter 23 - Parkina Lots. Article II: 1) Section F - Drainaae. to reduce the reauired 2.5 inches on-site containment of stormwater to .5 inches: : 2) Section H.3 - Distance from Streets. to reduce the reauired distance from the intersection of U.S NO.1 and Woolbriaht Road of the west driveway located on Woolbriaht Road from 180 feet to 158.5 feet: and 3) Section H.5 - Clearance at maior driveways. to reduce the reauired distance of the interior access aisle to the west driveway on Woolbriaht Road from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectivelv) LOCATION OF PROPERTY: approximatelv 150 feet east and 150 south of the southeast corner of Woolbriaht Road and US NO.1 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 ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the notation "Included". .-.. "_.~-~~-_.~--~ 4. The Appliyant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other: 7. tJ /A DATED: Julv 16. 1996 ~97t:~ City lerk C:devord.frm rev. 1 124196 L()C~1\ON MW~ ' ~~''1E:ft~~~;~ ~~~~~\~~?E~:~~d" . . ~t1~\I 1\" II.d" ' -:- . ..~.-:" -, 1 \-,. , . ~,"- ,. ' .' . . . _ [i ~.,," T k " Ie" -' ' ," ,I: .... 0 ,"" .,,,,nom " 1 1 111 1 ' ;;:\\1'1\ '1'\ ~ ~\. ~,\ \1'\ . m 1\\'1\'" 1-1\111' I~ . Il"m ,~, ~,. ,..,,~ ' ' " ",. ."~ . "". "" "" _ ",n " .~ in "" ,m ""'''181\111\11\ ,~:.", ,. [];II, ,~'" ..... .,IT ." ~ ,I ' . , I ." : ., J,IJ~ . m ' m'" .' ,- ",,"" ...' '- , rm 1\""\\ c: _' _._ :=:=:>'. .... ...... l i-- Iii '" l11'. '" ., . '-. ,~.- C'= 1. ,fT'" ~ - -n m 1'.1' 1\11\" \ r n" 0.; l--. =' : =' I '-- ,-;::c .':= tV \\ H\'I\\ 'J\i\ \\\~ f' ;.:~ - ::-':'Jl):==' ~'. ': '\~\\~",' I~ ~ .,11 ~;. \I~I . - I ~ I~ ~ --"- '\ IS .'" ' ' ' . I- , T · . Ii"'" . , =' .." " ,=', JI:' ." ~t:,.,i1\ . ~ -'S~II-lt~ \Fi $' '. 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II""'" '~~.;Z:z~!J';' ,~1: r .-' r ..... h .~ . ..,:' -ll',...... ) , U ~." ... L-' ,,' il o 'f ,..;c;- 'j:;.;;,,-l 0"(, ; I" ' ' ~ ". ';" ,,~ ,,11- .-. · 0\1':'- / ltl1m Inll I:U-- ':~' po ; 1- ", - ,~ []l , r . :'IB' ' r .\ '''' . ' .. . ' ,~..,== . , Of' 11 . \ 0 .' \ ~ t ,HID\' "1- ,y'" ~~ .. ..;.Lu ""'':' ~~ ::\I"-., D, , ,.3 o \18 MILES ,L ..... ",.\l.. \\ \\~o\\~"f~E' _or. ~_) I q~' i r i\:~ · . " l . ,I , I' a---" (A)U.hf \,(J" ),JI);- \\ -: -~j ',\~m -' EXHIBIT "c" Conditions of Approval Project name: Riverwalk Shopping Plaza a.k.a. Causeway Square Shopping Center File number: PKLV 96-002 Reference:The olans consist of 1 sheet identified as Parkinq Lot Variance. File # PKLV 96-002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: lo It is recommended that both existing driveways located on Woolbright Road be closed and a new ingress/egress be constructed more centrally located I between both existing driveways. The single new driveway would allow safer ingress/egress for east bound, west bound traffic on Woolbright Road. 2 . It is recommended that the existing middle driveway on US No. 1 be closed and a new ingress/egress be I constructed north of the US No. 1 pedestrian traffic signal crossing. This new ingress/egress would not conflict with the pedestrian crossing and would avoid stacking of vehicles into US No. lo ENGINEERING DIVISION Comments: 3 . Project is not in compliance with Chapter 23, Parking Lots, and specifically Section 2, Scope, page 23-1, which requires compliance "under any of the following conditions: A. When a parking lot serves an " existing building(s) where said building is proposed to be enlarged or when an additional building is proposed to be constructed;" 4. The access point on Woolbright Road nearest Federal Highway is not only too close to Federal, but its geometry I does not provide required throat clearance. A much better result would occur if a single entryway were provided on Woolbright. Page 2 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS 5. The access point on Federal Highway in front of the Drug Store does not provide adequate clearance in the Drug Store parking lot and drive thru. To provide required throat clearance, the parking lot access to the drive thru should be completely closed or (preferred) the driveway to Federal itself should be relocated farther north. BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: The applicant should have a written permit from the appropriate environmental regulatory agency(s) for storm water drainage into the Intracoastal Waterway. The agency(s) may not allow the reduction in on-site containment of storm water or may require certain types of drainage filtering structures to be installed for the project. PLANNING AND ZONING 6 . Comments: 7. It is recommended that the existing middle driveway located on US No. 1 be closed and a new ingress/egress driveway be constructed approximately 85 feet north of the existing driveway. The new driveway could align with the proposed access aisle that is located in front of the Winn- Dixie tenant space. It is further recommended that the location of the new driveway and the signalized pedestrian cross walk across US No. 1 be coordinated. INCLUDE REJECT I J I Page 3 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS 8 . If the Commission approves the variance request regarding the driveway distance and access aisle length of the west driveway located on Woolbright Road, it is recommended that a triangular shaped raised concrete median (shaped and positioned in the driveway to divert traffic in an easterly direction), a right turn only sign and a maximum 12 foot wide exit lane be installed on-site at the driveway. These improvements will direct the vehicles in an easterly direction to minimize the left turn movement. It is further recommended that the striping proposed for the ingress side (west) of the existing driveway be omitted and replaced with a raised curb landscaped island with lawn grass. The landscape island shall extend eastward to within 12 feet of the triangular shaped concrete median which is shaped and positioned to allow eastbound ingress traffic only. The shape of the island shall also be extended southward to a point that would create a 12 foot wide access aisle opening to allow vehicles to enter the outparcel bank site. These improvements will stop westbound traffic from entering the site at this point from US NO.1. Lengthening the distance to the bank access will minimize the stacking of vehicles onto US No. 1 due to a current hairpin turn into the bank, If the Commission approves the variance request regarding the length of the access aisle located on the south side of the existing middle driveway on US No.1, it is recommended that the eleven (11) parking spaces located adjacent to the access aisle be omitted and replaced with a maximum 12 foot wide one-way south bound access aisle. It is also recommended that the unused paved area resulting from removal of the parking spaces and reduction of the access aisle width be turned into a raised curbed landscaped area that includes trees or palms, shrubs and ground cover, 9 . INCLUDE j j REJECT Page 4 Parking Lot Variance Riverwalk Shopping Center PKLV 96-002 DEPARTMENTS INCLUDE REJECT 10. If the Commission approves the variance request regarding drainage, it is recommended that in addition to the new exfiltration system proposed, pollution control devices be installed at the two (2) stormwater outfalls into the Intracoastal Waterway and a I management plan for maintenance of the pollution control devices be approved by the Director of Development and the Director of Planning and Zoning. The pollution control devices would improve the quality of water discharged into the Intracoastal, which was identified as a pollution source problem in the 1989 Comprehensive Plan. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 11. To be determined. tJ7A ADDITIONAL CITY COMMISSION CONDITIONS 12. To be determined. N/A TJH/dim a: ComPXLV.RIV/l ADDITIONAL CONDITIONS FROM COMMISSION MEETING 1. ,JON~ 2. 3. 4. 5. 6. 7. 8. 9. 10. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Attorney Cherof advised that there were a number of Public Hearing items on the agenda that are quasi-judicial proceedings. They are: Public Storage - Planning Area 1.q. Riverwalk Shopping Center Parking Lot Variance Riverwalk Shopping Center Conditional Use Healing for the Nations Site Plan Boynton Beach Mall Height Exception He advised that anyone testifying on any of these projects would have to be sworn. He explained the proceedings, and administered the oath. Mayor Taylor disclosed that he met with the agents for the Riverwalk Shopping Center so that they could inform him of the site plan and explain their request. A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Public Storage, Inc./Planning Area 1.q Mike Carter Construction, Inc. Public Storage, Inc. Planning Area 1.q. - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall COMPREHENSIVE PLAN TEXT AMENDMENT - Request to amend the Comprehensive Plan, Section 1.q. of the Future Land Use Element, Section VIII - Land Use Problems and Opportunities, as it applies to property at 3000 N. Federal Highway. Tambri Heyden, Planning and Zoning Director, advised that she received a FAX this afternoon from the applicant requesting a postponement until the next meeting. Motion Commissioner Titcomb moved to postpone this issue to the next meeting. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. B. PROJECT NAME:~iverwaik Shopping Center tk.a. Causeway \~.hoPPlng Center AGENT: Michael Carey OWNER: Florida Boynton Investment, Inc. - Robert Armstrong, President LOCATION: East side of Federal Highway and 150 feet south of Woolbright Road (1600 South Federal Highway) DESCRIPTION: PARKING LOT VARIANCE - Request for three variances from the Land Development Regulations, 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Chapter 23 - Parking Lots, Article II: 1) Section F - Drainage, to reduce the required 2.5 inches on-site containment of storm water to .5 inches; 2) Section H.3 - Distance from streets, to reduce the required distance from the intersection of US NO.1 and Woolbright Road of the west driveway located on Woolbright Road from 180 feet to 158.5 feet; and 3) Section H.5 - Clearance at major driveways, to reduce the required distance of the interior access aisle to the west driveway on Woolbright Road from 100 feet to 25 feet and the existing middle driveway on US NO.1. from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectively). Michael Carey introduced his partner Rob Levy, and Lee Starky, the Project Engineer. He distributed a summary of his comments of the conditions which he wanted to be included as part of the record. He advised that he accepts the conditions that the Planning and Development Board recommended when they approved the project. Mr. Carey explained that the variances pertain to the site plan approval and the conditional use. . The first variance is for the distance from the intersection on Woolbright Road for the first driveway entering the shopping center. It is currently 158.5' from the intersection right-of-way. The Code requires it to be 180'. The applicant is requesting a variance for that 21.5'. This is an existing entrance to the shopping center. Staff recommended that certain items be taken into account during construction in the event the variance is passed. They asked that a triangle raised median be added to direct traffic as a right-turn out only. That would create a right-turn in and right-turn out only situation. They further asked for the addition of signage to this effect, and an extension of the curb along the bank entrance to better accommodate cars coming off Woolbright Road. . The second variance is for the length of the access aisles. The Code requires 100' clear when you enter the driveway before you can make a turn into the parking lot access aisles. The existing site plan configuration cannot accommodate that request in a couple of places. The applicant was able to accommodate the request in full in the main drive on Woolbright. However, they have not reached the 100' on the main entrance on US #1. On the north side, it is approximately 87', and on the south side it is approximately 25'. If the variance is approved, staff recommended that the applicant remove the parking spaces along US #1 south of the entrance drive so that cars backing out of those spaces cannot encumber the entering traffic and to provide an easier right turn movement through 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16,1996 the area of the drive-through. The applicant has agreed to do this if the variance is approved, and feels it is a good plan which accommodates the concern. By removing the spaces and adding landscaping, the spaces would be unencumbered. He reminded the Commissioners that he is utilizing the existing driveway locations. Mayor Taylor asked if Mr. Carey had plans to improve the back of the shopping center. Mr. Carey responded affirmatively. The center will be repaved, the facades will be changed and upgraded, and site lighting will be increased. In addition, the applicant is removing the existing 10,000 square foot retail store which is currently set back (coin laundry and restaurant). That will free up access around the building and open up the site. Mr. Carey said there was a variance on this in 1988 or 1989 for driveway entrance locations. Commissioner Bradley asked what would prevent someone exiting the drive-through and making a U-turn to go back into the parking area. Mr. Carey said there is an intention to have a hook on the landscape islands which will be marked "No Entry". This is a one-way access only as recommended by staff. . The third variance pertains to the on-site dry retention requirement. The current requirement is for 2.5" of on-site containment. The applicant is proposing .5". The applicant is meeting all other requirements of drainage. This particular requirement cannot be achieved. Mr. Carey explained that this is the containment of 2.5" over the surface of the site. This water settles out in a containment area so that the solids in it settle prior to the water flowing out into the Intracoastal Waterway. In engineering, the first parts of the drainage are the dirtiest. The applicant intends to collect the first .5". In addition, if the variance is approved, staff recommended that the applicant construct two storm water outfall pollution control devices. These devices would also catch more sediment. A maintenance contract would be provided guaranteeing that these devices would be cleaned on a regular basis. The applicant has agreed to these conditions. Mr. Carey advised that in 1988 or 1989, a variance was approved for zero inches of on-site containment, and only two control devices. Commissioner Bradley asked how Mr. Carey intends to collect the first .5" of water. Mr. Carey advised that catch basins are being added in the parking area that will be tied into the existing system. In addition, underground containment areas (French drains) are being added. . Commissioner Bradley questioned whether some of that .5" would be going down the old drains and directly into the Intracoastal. Mr. Carey explained that the system will be tied together. Before it goes to the Intracoastal, it will hit the two pollution control devices. In addition, 17,000 square feet of permeable surface area is being added. The new catch basins are being added into grassy areas so that the water will be additionally filtered by 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 the landscape areas prior to its outfall. In addition, there is regular maintenance on the parking lot which includes sweeping. This is an important factor which is not calculated in the engineering. Commissioner Tillman understood that the purpose of the French drains is to leave the sediment on top. He wondered if they will become clogged. Mr. Carey agreed that the possibility exists; however, the parking lot should be well maintained. This site has no history of site flooding in the parking area. The parking area will be repaved, and some minor adjustments will be made to take care of areas that have been identified as problematic. There are some areas on the northeast of the site that do not drain properly. The applicant does not anticipate a problem with flooding. Mr. Carey explained that these three variance requests directly correspond to the request for the drive-through and site plan approval. Ms. Heyden advised the Commission that the previous variances that were referenced by Mr. Carey were specific to a site plan which involved minor modifications to the building. In relation to this application, those variances are no longer applicable. . In exchange for denial of the variance for the driveway (closing it), it is suggested that the Commission consider a connection so that the cars coming in could turn to get to the bank without having to go through the shopping center. This would require a variance. The City Attorney recommends readvertising that variance which could be done within ten days. Commissioner Tillman had a problem with this suggestion. Anyone entering, looking for a parking space, will back up traffic into Woolbright. Mr. Carey said it is his opinion that the two driveways provide a better plan than one driveway. The recommendation by Ms. Heyden is new to the applicant. It was not that part of the first plan review or the second comments. In addition, the site plan for this application for the restaurant is marked to indicate that it will come back separately for site review. Although the driveways will exist at that point, they are existing driveways that have been in place for almost 30 years. Closing the first driveway (closest to the bank) would require the applicant to have an agreement with the owners of the bank. The applicant does not have that approval and requested that this new condition be discussed with staff when the site plan for the restaurant is submitted. Trading one variance for another is not a good plan at this time. Mayor Taylor said he drove through this site to look at the situation, and agrees that the driveway has been in place for 30 years and has not been problematic. The problem he sees is entering the last entrance off US #1 by the bank. There is nothing at that location indicating that no left-turn is permitted. There should be a one-way sign installed. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 Mr. Carey advised that he will be closing that entrance which is on his property just south of the bank's entrance on US #1. Vice Mayor Jaskiewicz does not agree with closing the first driveway on Woolbright Road. She feels a traffic hazard will be created. This driveway has been functioning for 30 years, and she is unaware of any traffic surveys indicating problems in that area. She believes the two driveways will result in less difficulty that having only one driveway. Commissioner Bradley disagreed with these remarks. The fact that it is under the 180' standard is critical. The standard exists for a good reason. Although the ingress/egress that is farther to the east may have the same number of cars, it is further from the intersection. Mr. Carey reiterated that this will be limited to right-turn in and right-turn out by construction of a concrete divider. There will be no left-turn outs. Commissioner Bradley still expressed strong feelings about the 180' standard. He asked if Mr. Carey would consider staff's suggestion to allow access through the outparcel to access the bank. Mayor Taylor did not have the same feelings expressed by Commissioner Bradley and staff. Commissioner Titcomb stated that he has used this shopping center often and feels it works pretty well. This is also a lead off the bridge. The bridge goes to a "T -head" on A 1 A. This is not a major-thoroughfare other than to turn north or south. He is comfortable that the site plan for the restaurant will come in separately and if there is detection of a problem, it can be addressed at that time and restrictions can be put in place. He is very comfortable that the two driveways will alleviate problems rather than create them. Commissioner Tillman asked if it would be possible for the applicant to straighten out the turn associated with the second entrance to Woolbright Road rather than having it swerve through the parking lot. Mr. Carey said he addressed that issue, but it was not possible to change the configuration because the grade of the bridge begins in that location on Woolbright Road. In addition, he reminded the Commissioners that he was attempting to use the existing driveways. There is no requirement for distance between driveways in Boynton Beach. At the first driveway, the road is wider. The road narrows as you approach the second driveway. The first driveway is important. It will work as a reliever entrance. Once it is properly designated, landscaped and built with the dividers and curbs, it will be clear to the people who use it. Overall, the improvements to the site are substantial. Commissioner Bradley agreed that Mr. Carey put together a proposal that will be a vast improvement over what currently exists. He explained, however, that he has his personal opinions about the stacking in this area. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 16, 1996 In response to a question from Vice Mayor Jaskiewicz, Ms. Heyden said the TRC recommendation is for denial of all variances. Mr. Carey reminded the Commissioners that the conditions have an added condition that if the variances are approved, other items must be accomplished. Mr. Carey is willing to accomplish those items. He feels this is a good "middle ground". MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Vice Mayor Jaskiewicz moved to grant approval of all three variances subject to staff comments #8, #9, and #10. Commissioner Tillmar:J seconded the motion. Mayor Taylor confirmed with Ms. Heyden that this motion includes the comments made by the Planning and Development Board. Commissioner Bradley said he will vote in favor of this application, but requested that the record reflect his opposition to the issue of the distance from the intersection to the ingress/egress. The motion carried 5-0. C. PROJECT NAME: Rlverwalk Shopping Center f.k.a. Causeway Shopping Center AGENT: Michael Carey OWNER: Florida Boynton Investment, Inc. - Robert Armstrong, President LOCATION: East side of Federal Highway and 150 feet south of Woolbright Road (1600 South Federal Highway) DESCRIPTION: CONDITIONAL USE - Request for conditional use approval to add a drive-through window to the west end of the Walgreen's drug store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square feet to the east end of the shopping center; demolish 11,061.95 square feet of floor space to replace with parking; demolish 5,000 square feet of mezzanine within the east building; and modify the existing driveways and parking layout. Michael Carey referred to the fact sheet he previously distributed (copy attached to the original copy of these minutes), and stated he agreed with its contents. He agrees to all of the conditions that the TRC recommended with the exception of those that pertain to the 24 MEETING MINUTES PLP NNING AND DEVELOPMENT BOARD BO'YNTON BEACH, FLORIDA JULY 9,1996 exists and that will exist on the roof so that it will not be obvious from the Intracoastal. He was also trying to enhance the landscaping in that area. He met with one of the neighbors across the Intracoastal who requested that more mature material be planted there. and Mr. Carey agreed to that. He said he promised this neighbor that when the planting is done, he will not be able to see a truck there. Mr. Haag said staff comment number 40 indicates that we cannot encroach into a parking lot with that type of raised curb. Staff recommends moving that landscaped area the areas identified as basket corrals. The applicant agreed to that condition. Parking Lot Variance 2. Project: Riverwalk Shopping Center f.k.a. Causeway Shopping Center Agent: Michael Carey Owner: Florida Boynton Investment, Inc. Robert Armstrong, President Location: East side of Federal Highway and 150 feet south of Woolbright Road (1600 S. Federal Highway) Description: Request for three variances from the Land Development R~lations, Chapter 23 - Parking Lots, Article II: 1) Section F - Drainage. to reduce the required 2.5 inches on-site cOnlainment of storm water to .5 inChes; 2) Section H.3 - Distance from streets, to reduce the required distance from the intersection of U.S. NO.1 and Woolbright Road of the west driveway located on Woolbright Road from 180 feet to 158.5 feel; and 3) Section H.5 . Clearance at major driveways, to red.x:e the required distance of the interior access aisle to the west driveway on Woolbright Road from 100 feet to 25 feet and the existing middle driveway on U. S. No.1 from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectively). With regard to Item 7.D.1, Mr. Wische noticed that page 28 is missing from the back-up packet. Also, two comments were numbered 11. The first one should be numbered 10. At this time, a recess was declared so that the Recording Secretary could make copies of page 28 for everybody. Mr. Carey advised that this request contains three parts. First, the west driveway on Woolbright Road is only 158.5 feet from the intersecting R-Q-W lines of U.S. 1 and Woolbright Road. The code requires it to be 180 feet from that point. He agreed with staff's condition that if the variance is approved, he would add the triangle raised median. the signage, and extend the curbing referenced in condition number 8. 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9, 1996 Mr. Haag said that was correct. The distance required is 180 feet. Staff's recommendation for that section of the parking lot variance was for denial of the reduced dimension. Staff recommends closing that off so that there is only one ingress/egress to the site on Woolbright Road. However, additional staff comments at the end of the report indicate that if the Commission approves the applicant's request, staff recommends that additional improvements be made to the intersection. Chairman Dubs pointed out that this would leave just one entrance to the bank from U.S. 1. Mr. Haag said staff recommends closing this driveway because of the movement of traffic and anticipated traffic build up in the area. Staff recommends that there be a 100 foot throat. Mr. Wische feels the 158.5 foot distance is a lot better than blocking off the driveway and forcing the traffic through one central point. Comment number 9 deals with a variance for the length of the access aisle. Currently, the Code requires 100 feet when you enter the driveway before you can make a turn into an access aisle for parking on the entrance for major driveways. The entrance to the north meets that requirement. However, the main entrance off U.S. 1 does not meet that requirement. The applicant has extended the island on the north side of the driveway approximately 87 feet. This would be 13 feet short of the requirement. On the south side, the applicant agreed with staff's comment number 9 to remove the parking spaces so that there is free access for that turn and somebody backing out of a parking space will not inhibit the traffic flow. If the variance is approved, the applicant agrees to remove all the parking spaces and add landscaping pursuant to comment number 9. Mr. Haag concurred with Mr. Carey. He said the TRC recommended denial of the request to reduce this to 87 feet and 25 feet, even with the recommendations mentioned by Mr. Carey. Staff recommended closing this off entirely and relocating a driveway to another location. Mr. Carey did not think that was a good idea. He said we are meeting the city requirement and starting to conflict with other agencies' requirements. When we push that major entrance closer to the intersection, it creates more of a problem by integrating the traffic coming into the shopping center with people making right turns. He pointed out that these are existing curb cuts and driveways. The shopping center is approximately 30 years old. This is a major improvement to the site. In 1989, a variance for the locations of the drives was approved. Mr. Carey said comment number 10 relates to a variance request for the particular drainage provision requiring 2.5 inches of on-site containment to allow us to have .5 inches of on-site containment for dry retention. A variance was approved in 1988 or 1989 for this item for zero containment. The applicant is adding a half inch of containment and 17,000 feet of permeable surface area (landscaping) in other areas that will accept drainage and run-off. The applicant is meeting all other drainage requirements of the South Florida 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9, 1996 Water Management District and the City. This requirement is to settle the dirty water out so that the sediment can settle and the water that flows off the site into the Intracoastal is cleaner. The first half inch of storm water is the dirtiest. The last inch of storm water is less important. The applicant agrees with staff's comment number 10 to add the two storm water outfall pollution control devices and provide the maintenance contract for control devices. When this variance was approved in 1989, it did not have any additional retention. It was .0 additional retention, but it had the two storm water outfall pollution control devices. The applicant agrees to add the filtration and control devices. Mr. Haag concurred that variances were approved in 1988. Staff recommends denial of this request, but if the Commission approves this, staff recommends that the previously- approved pollution abatement structures be placed where it outfalls into the Intracoastal. The applicant agreed to this condition as contained in comment number 10. Mr. Carey said this project is a major improvement to this location, and a substantial improvement for the area and the community. It will bring in jobs, taxes, and landscaping. Every item has been improved. Every item in drainage has been improved. Dry retention is only one item contained in drainage. The applicant feels these requests are reasonable particularly in light of the fact that this is an existing center. It has particular problems that relate to redeveloping the site. There is a lot of enthusiasm in the community for this project to move forward. Mrs. Frazier asked how much it will cost to redo the shopping center. Mr. Carey advised that it will cost approximately $6 million in construction costs, excluding land costs. This center will be redesigned. This center is needed. There are 28,000 people in a two mile radius served by one inadequate Publix that is not located well. He said he would be afraid of how long that site will remain there. This is a 63,000 square foot grocery. This does not exist anyplace in Palm Beach County. It has an eat-in cafe area and a gourmet food area. This is Winn-Dixie's new prototype. They want to make this store an upgrade of their image. Mr. Haag advised that during the recess, one of the board members expressed concern about the pedestrian crosswalk that goes from Sunshine Square to the current Causeway Shopping Center. This issue was discussed by the TRC. The Engineering Department called FDOT to see if the crosswalk will remain in place when the resurfacing of Federal Highway is done. Their response was affirmative. They are not opposed to working with the developer to come up with a post-mounted light on the property to indicate the same traffic signal as at the pedestrian crosswalk. Mr. Carey was in agreement with that. He feels the current condition is confusing. He will comply with DOT's recommendation. Mr. Carey advised that the submittal shows landscaping for the median in the highway for the length of the property; however, DOT's plan are for a concrete median. He indicated his willingness to move that material from there to the bridge approach. Mr. Aguila would II MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9,1996 like Mr. Carey to pursue leaving it where it is. Mr. Haag said not the entire frontage of the property will have concrete. The left turn lane will be extended onto Woolbright Road; however. some portions will be landscaped. He advised that the City Forester is working with FDOT on the materials to be planted. Mr. Haag reiterated that the Planning and Zoning Department recommends closing the driveway and relocating it to another area. He asked Mr. Aguila what his main objections to this were. Mr. Aguila said he would take a different approach if this was a virgin piece of land with nothing on it. However, this is a substandard, 30-year old dump that is an eyesore. The applicant is putting a ton of money into it. This is the first time in many years that anyone has seriously come forward to do something with this property. The applicant is not designing this from scratch; therefore, he has to work with as much as he can while still making this a profitable venture. Mr. Aguila feels this is going to make Boynton Beach a better place and that the applicant is making a big improvement. The applicant is adding a lot of landscaping, painting, and tearing down ugly portions of the building. Although it is not ideal for the driveway to be where it is, it is where the traffic signal is for pedestrians, it is where everybody is used to it being, and it is where the natural access is in front of the storefront. Mr. Aguila said it makes sense, based on what is there today, not based on virgin land. He would not support making them move the driveway. Mr. Haag said staff recommended closing this driveway and moving it north of the pedestrian access so that there will not be any conflict with vehicles exiting the site and turning right. Also, staff has not received anything in writing from the applicant or FDOT indicating that any relocation in this area is too close to that intersection. Another problem is that even if this area is landscaped, you still have a turning movement. People coming down Woolbright who want to get there will have to make a u-turn to get into the site, or enter the site off Woolbright, which means cutting across in front of incoming traffic. These two scenarios could back vehicles into the right-of-way. The relocation of the driveway would minimize some of the possibility of backing up into U.S. 1. Mr. Carey thinks the recommendations made by staff if the variance is approved would minimize that movement. In addition, that movement is probably a fraction of the movements to get into that drive through. He said people negotiate turns in parking and driving all the time. Every single move cannot be managed. Dr. Elsner inquired about the pedestrian problems. Mr. Reed explained that when the light on U.S. 1 turns red to allow a pedestrian to cross, traffic stops just short of the entrance to the shopping center. A pedestrian walkway is on the far side of the walkway. People exiting the shopping center turn right because they appear to have free access to go, but pedestrians are in the middle of the street. Traffic existing the shopping center cannot see the traffic light. Mr. Carey said the walk is on the wrong side of the driveway. Instead of being on the north 12 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9,1996 side, it should be on the south side, and it needs to be properly marked. He agreed that the crosswalk should be moved to the south side of the site so that people exiting the stores can utilize it. not people from the parking area. He agreed to move it to the south side of the driveway. Ms. Heyden said the closing of the driveway had a lot to do with the new building being added. She suggested in exchange for closing this driving, allowing a connection here (pointing to an area on the plan). She said it does not meet Code; however, there is already a variance on file for a hundred foot throat variance. She said perhaps something can be done to rework this situation so that there is quicker access to the bank. Mr. Carey feels this would be trading one variance for another. He pointed out that as marked on the site plan, the applicant will come back to the City on this building. He did not want to design something that is going to be redesigned again later, He said the City will have the opportunity to review the site plan for that. Mr. Aguila asked him to put the landscape islands at the end of the parking areas before he brings it back. Motion Mr. Aguila moved to approve the conditional use request for conditional use approval to add a drive-through window to the west end of the Walgreen's Drug Store, a new 4,115 square foot restaurant on a leased outparcel and 10,130 square feet to the east end of the shopping center; demolish 11,061.95 square feet of floor space to replace with parking; demolish 5,000 square feet of mezzanine within the east building; and modify the existing driveways and parking layout subject to staff comments except for Comments #3, 7, 9, 12, 18, 19, 20, 21, 24, and 29. He further moved that they change the landscaping materials in the island pods within the parking area from Cabbage Palms to Laurel Oaks, and that they relocate the pedestrian crosswalk to the south side of the driveway on Federal Highway. Mr. Wische seconded the motion, which carried 7-0. . Motion Mr. Aguila moved to approve the request for three variances from the Land Development Regulations, Chapter 23 - Parking Lots, Article II: 1) Section F - Drainage, to reduce the required 2.5 inches on-site containment of storTJl water to .5 inches; 2) Section H.3 - Distance from streets, to reduce the required distance from the intersection of U.S. NO.1 and Woolbright Road of the west driveway located on Woolbright Road from 180 feet to 158.5 feet; and 3) Section H.5 - Clearance at major driveways, to reduce the required distance of the interior access aisle to the west driveway on Woolbright Road from 100 feet to 25 feet and the existing middle driveway on U. S. NO.1 from 100 feet to 87 feet and 25 feet for the access aisles on the north and south sides (respectively) subject to staff 13 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9,1996 comments except Comments 8,9, and 10, with the conditions agreed to and submitted by the applicant this evening. Mr. Wische seconded the motion. Mr. Haag asked for clarification on comments 1 through 11. Mr. Aguila said the applicant has agreed to all comments except for comments 8, 9, and 10. Mr. Carey said he accepts conditions 8, 9, and 10. They are the conditions that require improvements. Mr. Aguila asked for the applicant about comments 1 through 7, and 11. Mr. Carey said those comments reiterate what the variance is requested for. Amended Motion Mr. Aguila amended his motion to state, "subject to staff comments 8, 9, and 10 with the added conditions as stipulated this evening." Mr. Wische agreed to the change to the motion. The motion carried 7-0. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THESE APPLICATIONS. B. SUBDIVISION Master Plan Modification 1. Project: Agent: Citrus Park P.U.D. James A. Hamilton III CCL Consultants Next Development Company East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Request to amend the previously-approved master pian to reduce the width of Lots 22'and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback on Lot 32 from 8 feet to 7 feet and reduce the rear screen enclosure setback on Lot 32 from 6 feet to 5 feet. Owner: Location: Description: Mr. Haag advised that staff will follow the conditions of approval identified by the City Commission. These conditions are listed in Memorandum No. 96-358. Brett Nein. CCL Consultants. 1520 NE 17 Court. Ft. Lauderdale. agreed with the conditions set forth in Memorandum 96-358. 14 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-304 TO: Sue Kruse City Clerk FROM: /'Jc..~ ..;.~ Tambri J. Heyden Planning and Zoning Director DATE: July 1, 1996 SUBJECT: Ri verwalk Shopping Center (a. k. a . Causeway Square) variances to the Parking Lot Regulations File No. PKLV 96-002 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $600.00 to cover the review and processing of an application request to vary three sections of the parking lot code has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to office after review by the City Attorney and City Manager. requested variances are scheduled for the July 16, 1996 Commission Meeting. your The City TJH:bme Attachments a:legalntl.RIV REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael Haaq DATE PREPARED: Julv 1. 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Citv Commission Hearinq Notice for PKLV 96-002 (meetinq July 16. 1996) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD in Palm Beach Post only SEND COPIES OF AD TO: Applicant and Director of Planninq and Zoninq, Newspaper. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined bv City Clerk APPROVED BY: (1) . ., ~J/ / / /1,-',(.-_ /'Z-r----l!P' ,~- (Departmefif Head) '7 J" / r Y !L.. (Date) (2) (Date) (City Attorney) (3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:LegalNtl,RIV NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, July 16, 1996, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider an application for a PARKING LOT VARIANCE on the following described property: Applicant: Michael Carey Agent: Michael Carey Owner: Florida Boynton Investment,Inc. Robert Armstrong, President Location: 1600 South Federal Highway Variances Requested: Chapter 23 - Drainage, Article II, Paragraph F "Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimum of two and one-half (2.5) inches of rainfall in one (1) hour." AND Chapter 23 - Distance from streets, Article II, Paragraph H. 3 "Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (180) feet along streets of a higher classification." AND Chapter 23 Clearance at major driveways, Article II, Paragraph H. 5 "Clearance at major driveways. The minimum distance from the street, right-of-way line at any major ingress or egress driveway to any parking stall or any interior access aisle having direct access to such driveway shall be one hundred (100) feet." Nature of Variance Requested: This is an existing, fully developed site with no area available for on-site containment as required by the Boynton Beach Land Development code. It is possible to improve the quality of the storm water run-off and within the space made available by the demolition Q:e 10,294 square feet of building it is possible to contain one-half inch of the required 2.5 inches containment. A variance of 2.0 inches is requested from the 2.5 inch containment required by the ordinance. AND Access to the Riverwalk Shopping Center is provided through four driveways. Two of these existing drives are situated within the now required 180 feet. One of these, the northern access to U. S. Highway #1 is to be closed Page 2 Notice of Public Hearing Riverwalk Shopping Center PKLV 96-002 . thereby eliminating the need for a variance. The remaining drive, the western access on Woolbright Road (S.E. 15th Avenue) is being modified to minimize the variance required. The West line of the West entry from Woolbright is 150.00 feet from the East line of U. S. Highway #1. The entry is being modified to be left turn in, right turn out, eliminating a center or left turn out lane. The drive will consist of a 14 foot ingress lane and a 12.5 egress lane or a total width of 26.5 feet thereby moving the west edge of the drive 8.5 feet farther from the intersection thereby reducing the amount of variance needed to 21.5 feet. Variance required: From 180 feet to 158.5 feet, a variance of 21.5 feet. AND A variance from the 100' clearance is hereby requested for the main entrance to the property from U. S. Highway III and for the western entrance to the property from Woolbright Road (S.E. 15th Avenue) . Main Entrance from U.S. Highway #1: South side of main entrance, Variance required: From 100 feet to 25 feet (South side) North side of main entrance: Variance required: From 100 feet to 87 feet (North side) Western Entrance from Woolbright Road (S. E. 15th Avenue) East and West side of entry: Variance required: From 100 feet to 25 feet (East and West side) Legal Desoription: All that part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying West of the West line of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida: East of the East Right of way line of U.S. Highway No. 1 and North of the westerly extension of the South Line of Lot 2 of said Rousseau's Subdivision, except the northerly 50 feet thereof t.~en for a.E. 15th Avenue and also, all that part of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue; as more particularly described as follows: BEGINNING AT A POINT at the West line of said Lot 1, a distance of 50 feet South of the Page 3 Notice of Public Hearing Riverwalk Shopping Center PKLV 96-002 northwest corner thereof; thence North 890- 41'-13" East along a line parallel with and 50 fe~t South of the North line of said Lot 1 a distance of 83.00 feet to a point, said line also being the South right of way line of S.E. 15th Avenue; thence South 850-32' -58" East along the South right of way of said S.E. 15th Avenue, a distance of 320.74 feet to a point; thence South 000-18'-47" East, a distance of 105.00 feet to a point; thence South 720-42'- 45" East, a distance of 30.79 feet to a point; thence South 000-18'-47" East, a distance of 50.00 feet to a point; thence North 890-41'- 13" East, a distance of 21.07 feet to a point; thence South 000-18' -47" East, a distance of 298.00 feet, more or less, to an intersection with the westerly right of way line of the Intracoastal Waterway, thence South 070-07'- 50" West along a westerly right of way line of the Intracoastal Waterway, a distance of 35.98 feet to a point; thence South 890-41'-13" West, a distance of 125.00 feet to a point; thence South 070-07' -50" West and parallel with the westerly right of way of said Intracoastal Waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 890-41' -13" West, along said line of Lot 2 and the westerly extension thereof, a distance of 669.33 feet, more or less, to a point on the East right of way line of U.S. Highway No.1; thence North 040-57'- 25" East along the East right of way line of said U.S. Highway No.1, a distance of 225.03 feet to the P.C. of a curve to the left, concave to the West, having a radius of 2914.93 feet and a central angle of 030-55'- 10"; thence northerly along the arc of said curve, a distance of 199.40 feet to the P.T. of said curve; thence continuing along the East right of way line of said U.S. Highway No.1, North 010-02'-15" East, a distance of 27.09 feet to a point; thence North 890-43'- 15" East, a distance of 150.00 feet to a point; thence North 010-02'-15" East, along a line parallel with the East right of way of said U.S. Highway No.1, a distance of 150 feet to a point on the South right of way line of said S.E. 15th Avenue; thence North 890- 43'-15" East, a long the said South right of way line of S.E. 15th Avenue, a distance of 170.15 feet to the POINT OF BEGINNING. All interested parties are notified to appear at said hearings in person or by attorney and be h..~g. Any per.on wbo decide. to appeal any decision of the planning and Development Board or City Commission with respect to any matter considered at these meetings wtll need _ rocord of proceeding., end tor much purpo.., may n~ed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK a:legalntl.RIV ~ [ff@[ffOW,0'r-;- rl/n! JUt ' Ii:',' '. 5 ',' - . ~LA~NING AND ON/NG DEPT -- NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, July 16, 1996, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider an application for a PARKING LOT VARIANCE on the following described property: NOTICE OF PUBLIC HEARING Applicant: Michael Carey Agent: Michael Carey Owner: Florida Boynton Investment,Inc. Robert Armstrong, President Location: 1600 South Federal Highway Variances Requested: Chapter 23 - Drainage, Article II, Paragraph F "Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimum of two and one-half (2.5) inches of rainfall in one (1) hour." AND Chapter 23 - Distance from streets, Article II, Paragraph H. 3 "Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (180) feet along streets of a higher classification." AND Chapter 23 Clearance at major driveways, Article II, Paragraph H. 5 "Clearance at maj or driveways. The minimum distance from the street, right-of-way line at any maj or ingress or egress driveway to any parking stall or any interior access aisle having direct access to such driveway shall be one hundred (100) feet." Nature of Variance Requested: This is an existing, fully developed site with no area available for on-site containment as required by the Boynton Beach Land Development code. It is possible to improve the quality of the storm water run-off and within the space made available by the d.emolition of 10,294 square feet of building it is possible to contain one-half inch of the required 2.5 inches containment. A variance of 2.0 inches is requested from the 2.5 inch containment required by the ordinance. AND Access to the Riverwalk Shopping Center is provided through four driveways. Two of these existing drives are situated within the now required 180 feet. One of these, the northern access to U. S. Highway #1 is to be closed Page 2 Notice of Public Hearing Riverwalk Shopping Center PKLV 96-002 thereby eliminating the need for a variance. The remaining drive, the western access on Woolbright Road (S. E. 15th Avenue) is being modified to minimize the variance required. The West line of the West entry from Woolbright is 150.00 feet from the East line of U. S. Highway #1. The entry is being modified to be left turn in, right turn out, eliminating a center or left turn out lane. The drive will consist of a 14 foot ingress lane and a 12.5 egress lane or a total width of 26.5 feet thereby moving the west edge of the drive 8.5 feet farther from the intersection thereby reducing the amount of variance needed to 21.5 feet. Variance required: From 180 feet to 158.5 feet, a variance of 21.5 feet: AND A variance from the 100' clearance is hereby requested for the main entrance to the property from U. S. Highway #1 and for the western entrance to the property from Woolbright Road (S.E. 15th Avenue) . Main Entrance from U.S. Highway #1: South side of main entrance, Variance required: From 100 feet to 25 feet (South side) North side of main entrance: Variance required: From 100 feet to 87 feet (North side) Western Entrance from Woolbright Road (S. E. 15th Avenue) East and West side of entry: Variance required: From 100 feet to 25 feet (East and West side) Legal Desoription: All that part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying West of the West line of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida: East of the East Right of way line of U.S. Highway No. 1 and North of the westerly extension of the South Line of Lot 2 of said Rousseau's Subdivision, except the northerly 50 feet thereof taken for S.E. 15th Avenue and also, all that part of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue; as more particularly described as follows: BEGINNING AT A POINT at the West line of said Lot 1, a distance of 50 feet South of the Page 3 Notice of Public Hearing Riverwalk Shopping Center PKLV 96-002 northwest corner thereof; thence North 890- 41'-13" East along a line parallel with and 50 feet South of the North line of said Lot 1 a distance of 83.00 feet to a point, said line also being the South right of way line of S.E. 15th Avenue; thence South 850-32' -58" East along the South right of way of said S.E. 15th Avenue, a distance of 320.74 feet to a point; thence South 000-18' -47" East, a distance of 105.00 feet to a point; thence South 720-42'- 45" East, a distance of 30.79 feet to a point; thence South 000-18' -47" East, a distance of 50.00 feet to a point; thence North 890-41'- 13" East, a distance of 21.07 feet to a point; thence South 000-18' -47" East, a distance of 298.00 feet, more or less, to an intersection with the westerly right of way line of the Intracoastal Waterway, thence South 070-07'- 50" West along a westerly right of way line of the Intracoastal Waterway, a distance of 35.98 feet to a point; thence South 890-41' -13" West, a distance of 125.00 feet to a point; thence South 070-07' -50" West and parallel with the westerly right of way of said Intracoastal Waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 890-41'-13" West, along said line of Lot 2 and the westerly extension thereof, a distance of 669.33 feet, more or less, to a point on the East right of way line of U.S. Highway No.1; thence North 040-57'- 25" East along the East right of way line of said U.S. Highway No. I, a distance of 225.03 feet to the P. C. of a curve to the left, concave to the West, having a radius of 2914.93 feet and a central angle of 030-55'- 10"; thence northerly along the arc of said curve, a distance of 199.40 feet to the P.T. of said curve; thence continuing along the East right of way line of said U.S. Highway No. I, North 010-02' -15" East, a distance of 27.09 feet to a point; thence North 890-43'- 15" East, a distance of 150.00 feet to a point; thence North 010-02'-15" East, along a line parallel with the East right of way of said U. S. Highway No.1, a distance of 150 feet to a point on the South right of way line of said S.E. 15th Avenue; thence North 890- 43'-15" East, a long the said South right of way line of S.E. 15th Avenue, a distance of 170.15 feet to the POINT OF BEGINNING. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will n..d a r.oord of prooeedings, and tor such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK a:legalntl.RIV PJ$T ...}u",:,u_ . . 1 ~ ., j ./ .., ~INUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 20, 1988 Description: MASTER PLAN MODIFICATION - Request for approval of the construction plans and preliminary plat which provide for the construction of infrastructure improvements and landscaping to serve 33 single- family zero lot line units in con- nection with a replat of a portion of Plat No.6 This item was deleted from the agenda by City Manager Cheney as the agent did not appear at the Community Appearance Board meeting. 2. Project Name: Agent: Owner: Location: Legal Description: Description: The Planning & Zoning request for site plan comments. 3. project Name: Agent: Owner: Location: Legal Description: Description: Ben Franklin at Causeway Square Shopping Center Michael Timmons/JOhn Maguire E&H Properties, Inc. Boynton Beach Associates South Federal Highway at Woolbright Road, southeast corner. See Addendum "A" attached to the original copy of these minutes in the Office of the City Clerk. SITE PLAN - Request for site plan approval to allow for an elevation change to the vacant supermarket and a change in parking lot layout and design. Board unanimously recommended that the approval be approved subject to staff Quantum Park Master Landscape Plan Adolfo J. Cotilla, Jr. ACAI Associates, Inc. Quantum Associates West of Interstate 95, between Miner Road extended and the Boynton (C-161 Canal. Quantum Park at Boynton Beach, Lots 6A and 16A and Lakes I and 2 SITE PLAN - Request for site plan approval to construct piers and and decks within the common area lakes -5- - ;000 DESCRIPTION (A5 FURNISHE.D BY CLIENT): All that part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying West of the West line of Rousseau's Subdivision as recorded in Plat Book I, Page 14, Public Records of Palm Beach County, Florida; East of an East Right-of-Way line of u.S. Highway No. 1, and North of the Westerly extension of the South line of Lot 2, of said Rousseau's Subdivision except the Northerly 50 feet thereof taken for S.E. 15th Avenue, and also, all that part of Lots 1 and 2 of Rousseau's Subdivision as recorded in Plat Book I, Page 14, Public Records of Palm Beach County, Florida, except that part taken for S.E. 15th Avenue, and more particularly described as follows: Beginning at a point in the West line of said Lot I, distant 50 feet South of the Northwest corner thereof; thence North 89041 '13" East along a line parallel with and 50 feet South of the North line of said Lot 1, a distance of 83.00 feet to a point; said line also being the South Right-of-Way line of S.E. 15th Avenue; thence South 85032'58" East, also along the South Right-of-Way line of said S.E. 15th Avenue, a distance of 320.74 eet to a point; thence South 00018'47" East, a distance of 105.00 feet to a point; thence South 72042'45" East <i distance of 30.79 feet to a point; thence South 00018'47" East a distance of 50.00 feet to a point; thence North 89041'13" East a distance of 21.07 feet to a point; thence South 00018'47" East a distance of 298.00 feet, more or less, to an intersection with the Westerly Right-of-Way line of the Intracoastal Waterway; thence South 07007' 50" West along said Wester] y Right-of-Way 1 ine of the Intracoastal Waterway, a distance of 35.98 feet to a point; thence South .89041']3" West, a distance of 125.00 feet to a point; thence South 07007'50" West and parallel with the WesL!~rly Right-of-Way of said Intracoastal Waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 89041' 13" Wl~St along said South line of Lot 2 and the extension Westerly thereof, a distance of 669.33 feet, more or less, to a point on th~ East Right-of-Way line of u.S. Highway No. 1 thence North 04057'25" East along the East Right-of-Way line of U.S. Highway No. ], a distance of 225.03 feet to the P. C. of a curve to the left, concave to the West, having a radius of 2914.93 feet and a centr:ll angle of 03055'10"; thence Northerly along the arc of said cu::ve a distance of 199.40 feet to the P. T. of said curve; thence continuing along the East Right-of-Way line of said U.S. Highway No. I, North 0]002'15" East, a distance of 27.09 feet to a point; thence North 89043'15" East a distance of 150.00 feet to a point; thence North 01002']5" East along a line parallel with the East Right-of-Way of said U.S. Highway No. I, a distance of 150.00 feet to a point on the South Right-of-Way of said S.E. bth Avenue; thence North 89043'15" East alon& the said South Right-of-Way line of S.E. 15th Avenue, a distance of 170.15 feet to the POINT OF BEGINNING. ADDENDUM "A" MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OLD BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Legal Description: Description: DECEMBER 13, 1988 Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates, Inc. South Federal Highway at Woolbright Road, southeast corner See Addendum "B" attached to the original copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(h)(3) and Section 5-142 (h)(7) "Driveways" of the Parking Lot Regulations. Miss Heyden discussed the three requests from Causeway Square Shopping Center at this time as they were all related. She stated that the old Grand Union grocery store was to be convered into a location for the Ben Franklin store. Parking would be upgraded and three variances were being requested. The first request involves the three driveways which currently exist on South Federal Highway. The second request is necessary as the northern-most drive- way is within 180 feet of the intersection rights-of-way lines of South Federal Highway and Woolbright Road. One of the two existing driveways onto Woolbright Road (the western-most) is within 180 feet of the same intersection. The TRB recommended approval of this request as submitted. The applicant has agreed to make one of the three existing driveways onto Federal Highway (the southern-most) a one- way, exit only drive. The driveway onto Woolbright Road which is within 180 feet of the interesetion is used to access the platted outparcel at the southeast corner of the interesection (Carteret Bank). A cross access agreement exists between the shopping center and the bank. The history of traffic accidents in the vicinity does not indi- cate that the current driveway design at the shopping center has significantly contributed to accidents. The applicant is also requesting that the existing storm- water discharge into the Intracoastal Waterway be allowed to continue. The TRB recommended this request be subject to - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 the construction of pollution control devices at the two storm water out falls into the Intracoastal Waterway and submittal of a management plan for maintenance of the pollu- tion control devices to the City Engineer. Miss Heyden noted that maintenance is very important if the pollution device is to work properly. It would be a hardship to require that retention areas be installed as the parking lot paving would have to be removed at considerable cost. The applicant will add landscaped islands in the parking lot. The third request is site plan approval to allow for eleva- tion change to the vacant supermarket and change in parking lot layout and design for the Ben Franklin store. The TRB recommended approval of this request subject to staff com- ments. Brenda Arnold, Kilday & Associates, 1551 Forum Place, Suite 100A, West Palm Beach, was present to represent the appli- cant. She stated that this shopping center is 20 years old and there were many problems they had tried to rectify. The parking lot is paved from property line to property line. The markings were to be upgraded as well as the handicapped parking spaces. The dumpsters would be screened with a 6' wall and landscaping would be added. Presently there is no landscaping or green space. The site would not allow them to make all the changes they would like to make, and they would not be able to bring all up to Code. They were having a problem providing enough parking, but with careful planning had come up with just enough to meet code. She felt that once the Ben Franklin is finished more people will be coming into the center to shop and the rest of the center will probably have a better occupancy rate. The TRB has approved the variances requested subject to staff comments. Mr. Richter asked if Ms. Arnold had any problem with the staff comments, and she replied that she was in agreement with the staff comments. They were working on the signage situation and it was their understanding that they have three years to bring this up to the new code. Mr. Richter asked if they were repairing the seawall, and Ms. Arnold replied that they were as this was to their advantage as well. The parking lot was being undermined and it was necessary to make the seawall repairs. Chairman Walshak asked how the polution devices would work. Rick Rossi, Rossi and Malavasi, stated that his firm had done the enigneering for the pollution abatement process. They had used a system which has been used throughout the South Florida Flood Control District. He explained that the system works much like a grease trap. The oils and sediment - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 are separated and contained and can then be removed by access from the top of the box. Mrs. Huckle asked if Ms. Arnold represented the project at the TRB meetings, and Ms. Arnold stated that she was. Mrs. Huckle questioned the use of the southerly Highway curb cut to remain as long as it was a one-way exit. Ms. Arnold agreed and stated this was decided because of the trucking flow. The trucks exit 1-95, come in off Woolbright, go into the center and exit out onto Woolbright Road and to 1-95. Mrs. Huckle had looked at this as being an entrance to pre- vent some of the jamming up at the next entrance. She had not thought about the truck situation. Mrs. Huckle stated that on most of the shopping centers approved recently, the Board has felt that it works well for the exists out of shopping centers to contain a double exit - one for right and one for left turn. She referred to the Sunshine Square publix store and Oakwood Square. She noted this had worked very well. She had looked at the Causeway Square and saw a couple of areas where this would not work. She did feel the one coming out of K-Mart and turning right toward the bridge would work well with the two lanes. Mr. Aguila stated that this does not appear to have 27' of space and to make another lane would cause them to have to give up the landscaped island. Ms. Arnold noted that they have a very critical parking problem. At present they have a buffer of only two spaces. Since this is an exising center she felt these were needed to maintain the parking required. If they do have excess, they will be glad to put in the additional turn lane. Ms. Arnold also stated that another problem they have is the existing agreement with Carteret. Mr. Annunziato stated that the problem is that they are at or near the number of required parking spaces. To add a left turn lane at that eastern most entrance may require eliminating one parking space and put them into a Code problem. He recommended that if they remain above the mini- mum requirements, that they install a turn lane. He did not want to throw them into a Code violation. Mr. Aguila asked if all the islands indicated would be landscaped and have raised curbs. Ms. Arnold stated that all but a couple would be, but they were trying to leaving the existing light fixtures to avoid any additional costs. Shade trees would be placed in all the interior parking islands and would be fully irrigated. Ms. Arnold felt that by working with staff to get the building remodeled for Ben Franklin an improvement in the site would result. She acknowledged that for her as a site planner, the plans were - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 less than desirable, but this center is 20 years old. The plans would certainly be an improvement. Mr. Richter agreed this would be quite an improvement as far as the looks are concerned. Mr. Annunziato spoke on behalf of staff recommendations. He felt that the City would be getting a tremendous upgrade for a substandard shopping center which would probably not occur if the variances were not approved. He referred to the pollution abatement system and noted that this came about as a result of a recommendation he had made. Mr. Annunziato referred to a time when Colonel Trauger was Mayor. At that time he required the property owners to "wash their face, and comb their hair." He felt the improvements to Sunshine Square, although modest, were somewhat responsive to the plea from Colonel Trauger. Mrs. Huckle asked if the Ben Franklin was going to be a large one, and Ms. Arnold stated that it would not occupy all of the Grand Union space. She was not aware of any other tenants at this time. Mr. Richter felt that it was commendable that common sense was used on everyone's part to put this project together. As no one wished to speak for or against the requests, THE PUBLIC HEARING WAS CLOSED. Motion on Request for Variance to Section 5-142(h)(3) and Sect ion 5-142 (h) (7) "Driveways" of the Parking Lot Regulations Mrs. Huckle moved to approve the requested variance to Section 5-142(h)(3) and Section 5-142(h)(7) "Driveways" of the Parking Lot Regulations for Causeway Square Shopping Center located on South Federal Highway at Woolbright Road, southeast corner subject to all staff comments (attached as Addendum "C-l - C-2" to the original copy of these minutes in the Office of the City Clerk). Motion was seconded by Dr. Jackier and carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS 1. Project Name: Agent: Owner: Location: Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates, Inc. South Federal Highway at Woolbright Road, southeast corner - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA Legal Description: Description: DECEMBER 13, 1988 See Addendum "B" attached to the original copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(f) "Drainage" of the Parking Lot Regulations. See page 14 for discussion on this request. Motion Mr. Richter moved to approve the request for a variance to Section 5-142(f) "Drainage" of the Parking Lot Regulations for Causeway Square Shopping Center at South Federal Highway at Woolbright Road, southeast corner subject to staff com- ments which are attached as Addendum "D" to the original copy of these minutes in the Office of the City Clerk. Motion was seconded by Mr. Aguila and carried 7-0. 2. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Run None Coscan Florida, Inc. West of South Congress Avenue, between Woolbright Road extended and Golf Road All of Tracts 2,3,4, and 5, "Quail Lake West and Tracts One and Two", according to the plat thereof, as recorded in Plat Book 50, Pages 3, 4, and 5 of the Records of Palm Beach County, Florida less all that portion of said Tract 2 lying in Tract B, "Quail Run", according to the plat thereof, as recorded in Plat Book 57, Pages 100 through 102 inclusive of the Public Records of Palm Beach County, Florida. Said land situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 12.2751 acres, more or less. Request for a variance to Section 5-142(i)(1) "Aisle width Requirements" of the standards contained within the Parking Lot Regulations. - 18 - .~ . ~ '.",;:' . All that part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying west of the West line of Rousseau's Subdivision as recorded in Plat Book I, Page 14, Public Records of Palm Beach County, Florida; east of the east right-of-way line of D.S.Highway No.1, and Nort of the westerly extension of the South line of Lot 2 of said Rousseau's Subdivision;. except the northerly 50 feet thereof taken for S.E. 15th Aver AND ALSO all that part of Lots 1 and 2 of Rousseau's Subdivision as recorc in Plat Book I, Page 14, Public Records of Palm Beach County, Florida; except that part taken for S.E. 15th Avenue; and more particularly descrit as :0110."';5: BEGI~~I~G at a point in the West line of said Lot 1, distant 50 feet South of the Northwest corner thereof; thence N. 89 - 41' - 13" East along a lin parallel with and 50 feet South of the North line of said Lot 1, a distanc of 83.00 feet to a point said line also being the South right-of-way line S.E. 15th A~enue; thence S. 85 - 32' - 58" E_, also along the'South riaht- of-'''':1':' lir.e of said 5, E.~t.h',?,';',,~,~'c,'.'a_distimce of 320.74 feet to a poin the~..:e S. 00 - 18' - 47:;;':-'E~'<::3~dis-::=~ce'"of"-105.00 feet to a point; thence 5 72- 42' - 45" E., a di:Ertanc"i,pf...30';]9 fe'et::..;;.t6~"a point; thence S 00-18' 47" E., a distance oL~SO;:O&'fef6~€D'~"-a;'p'C;in~r.;tlience N 89 - 41' - 13" E., a distance of 21. 07 fee"t<t~}~ 'P9..t'iitj ~-thErlce"S OJ}::~-;iB' - 47: E., a distance , 298.00 feet, more o,~ir~s~,....1~':;;-n:i':i::'il'~~cti]'n'f:E&:h~',.the westerly right-Of-w, line of the Intrac?~~51h' ~_~ez:wa2"~ t!l"-~::c~~S~7~:_:;:;":l?.J;J - 50" W., along a wester ly right-of-~a;Y~~lin~o(\t~ L~t}:as.~:~t:al'::.:W~!;,erway a distance of 35. ~ feet to a point; thel}~_e S ~ ~11' ffJ~']" ~~7"a cITs~ance of 125.00 fe:t to i point; thence S. 07 \'.,.07' ~2,;;~Ii~'[;'~!1:~h:~.e?;alle~.~th the westerly :~ght-o: way of said Intracoa~l wa~~~~f~~~~~ce 0~(80.00 feet to a po~nt on the South'line of s~a~ot 1i~~~:?~S;!~.t9~ - ~1.4 - 13" W.,along said line << Lot 2 and the extens~o~~~terl~tij~r~of, ~.~~tance of ?69.33 feet, more << less, to a point on the~~~+s~~9.f~~~~~~~e of U.S.H~ghway No.1; thenc N 04 - 57' - 25" E., alon~.;t~~~S~~~~~~3:f7way line of said u.S. Highway No.1, a distanc: of 225.~~~~~~to:~~~~~:c. of a curve to the left, conCi to the West, hav~ng a rad~us of-2914;93 feet and a central angle of 03 _ 55' - 10"; thence Northerly along the arc of said curve, a distance of 199.40 feet, to the P.T. of said curve; thence continuing along the East riaht-of-way line of said u.S. High~ay No.1, N. 01 - 02' - IS" E., a ~i5ta r of-27.09 feet to a point; thence N. 89 - 43' - IS" E., a distance of 150.0C feet to a Doint; thence N. 01 - 02' - 15" E., along a line parallel with th Ea~~ riaht:cf-way of said U. S. Hiq~~2Y No.1, a distance of 150.00 feet tc a DGi~~-on the South right-of-~2Y line of said S. E. 15th Avenue; thence N 89"- 43' - 15" E., along the said Sc~th right-of-way line of S.E. 15th Aven a dist:=ncc of 170.15 feet to the PO:~;:- OF BEGINNING and containing 9.89 acr ., 0: l~~~, mc:c or lees. ., ~ - ( , I ~ ... - . . . ~ . -.. . . . . ~ ..... - . I '.-.. , r:C'.......~,.... \ICQ'~::- . - . - '. ~ ADDnIDUM IIBII PA ....: _' , -' ,., ~;:)I ,.;: - ... rr MEMORANDUM December 7, 1988 TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato Planning Director RE: Causeway Square Shopping Center Parking Lot Variance (Drainage) Section 5-145(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to ~e made a part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-145(c)(4). Michael Timmons, agent for E & H Properties, Inc., has requested a variance to Section 5-142(f) "Drainage" of the Parking Lot Regulations, which requires that stormwater be retained on-site at a capacity of not less than two and one-half inches of rainfall in one hour. In this instance, the applicant is requesting that the existing stormwater discharge into the Intracoastal Waterway be allowed to continue. The shopping center in question is located at the southeast corner of South Federal Highway and Woolbright Road. For an explanation of the code requirement, the nature of the variance requested and the variance justification, please refer to the attached Notice of Public Hearing and application. On Tuesday, December 6, 1988 the Technical Review Board (TRB) met to review the plans and documents submitted and to formulate a recommendation with regard to the variance requested. After review and discussion, the TRB recommended approval of the variance request subject to the following: 1) Construction of the pollution control devices proposed by the project engineer at the two storm water outfalls into the Intracoastal Waterway. 2) Submittal of a management plan for maintenance of the pollution control devices to the City Engineering Department. The above recommendation was made based on the TRB finding that to repave the entire site and install new drainage facilities would create an unreasonable hardship for the applicant. , (}~~ ~ CARMEN S. UNZIATO Icsd cc: Technical Review Board Central File . 1 ....~_. MEMORANDUM November 7, 19~.a TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO PLANNING DIRECTOR RE: CAUSEWAY SQUARE SHOPPING CENTER PARKING LOT VARIANCE Section 5-145(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made a part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-145(c)(4). Michael Timmons, agent for E&H Properties, Inc., has requested two variances for the continuation of existing driveways at Causeway Square shopping Center which is located at the southeast corner of South Federal Highway and Woolbright Road. These requests are as follows: 1. A variance to Section 5-142(h)(3) Driveways, of the Parking Lot Regulations which requires, among other things, that no parking lot driveway may be constructed closer than 180 feet from the intersection of the rights-of-way lines along arterial roads. 2. A variance to Section 5-142(h)(7) Driveways, of the Parking Lot Regulations which requires that no more than two (2) driveways shall be permitted from any property. The above variances have been submitted with a request for site plan approval to reconstruct the existing parking lot in connection with an elevation change to the vacant supermarket to accommodate a new tenant (Ben Franklin's). currently, three driveways exist onto South Federal Highway. In addition, one of the three driveways onto South Federal Highway (the northern-most) is within 180 feet of the intersecting rights-of-way lines of South Federal Highway and Woolbright Road. Also, one of the two existing driveways onto Woolbright Road (the western-most) is within 180 feet of the same intersection. For an explanation of the code requirement, the nature of the variance requested, and the variance justification, please refer to the attached Notice of Public Hearing and application. On Tuesday, November 1, 1988, the Technical Review Board (TRB) met to review the plans and documents submitted, and to formulate a recommendation with regard to the variances requested. After review and discussion, the TRB recommended approval of the variances as submitted. The basis for this recommendation is as follows: (1) the applicant has agreed to make one of the three existing driveways onto Federal Highway (the southern-most) a one-way, exit only drive; (2) the -2- driveway onto Woolpright Road which is within 180 feet of the Federal Highway/Woolbright Road in~erseotion is gu~~.ntlV u..4 to agees. tbe pl.~t.~ outp.rc.~ a~ the southeast corner of this intersection (Carteret Bank) and a cross access agreement exists between the shopping center and the bank; and (3) the history of traffic accidents in the vicinity does not indicate that the current driveway design at the shopping center has significantly contributed to these accidents. c... . ,[t;f _-:;;:t: CARMEN S. ANNUNZIA 0 CSA:ro cc Technical Review Board Central File