AGENDA DOCUMENTS
,. ! ,-
AGENDA DOCUMENTS
IV-CONSENT AGENDA
ITEM D.1 A~t>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA
ITEM D.2
Rcquo':stcd City Commission Dale Final Fonn Must be Turned I\cqucstcd City Commission Date Final "'onn Must be Turned
Mcctinll Dates in to City ManDcr's Officc Mcctin. Uatcs in to City Man82cr's Officc
0 December 16. 1997 December S. 1997 (noon) 0 February 17, 1998 February 6. 1998 (noon)
0 January 6, 1998 December 19. 1997 (noon) 0 March 3.1998 February 20, 1998 (noon)
0 January 20, 1998 January 9. 1998 (noon) 0 March 17, 1998 March 6,1998 (noon)
~ February 3, 1998 January 23, 1998 (noon) 0 April 7. 1998 March 20,1998 (noon)
RECOMMENDATION: Please place the requests below on the February 3, 1995 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 7-0 vote,
recommended approval of Item # I, subject to staff comments and subject to comment number 3 being reviewed by the city
anomey 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. A conclusion will be verbally reported at the
Commission meeting.
Item # 2 was approved by the Planning and Development Board with a 7-0 vote subject to all staff comments except
comment number 27 regarding sign colors. For further details pertaining to these requests, see attached Planning and Zoning
Memorandum No. 9S-026.
EXPLANATION:
REQUESTS:
ITEM #1:
Shoppes of Woolbright Planned Commercial District (PeD) - Master Plan Modification
located at the east and west sides ofS,W. S* Street, north of Woolbright Road.
Home Depot Expo Design Center at the Shoppes of Woolbright - New Site Plan
located at the southwest comer of unimproved Purple Heart Way and the CSX railroad.
Susan Prillaman
Howard Schar\in, Trustee - c/o Michael Morton
Request for modification of the previously approved master plan to move the north property
line between Home Depot and the undeveloped property to the north 40 feet north and to
subdivide the undeveloped property and vested square footage into a 3.99 acre parcel with
49,106 square feet of retail and a 10.626 acre with 10S,004 square feet of retail.
Request to construct 10S,004 square feet of retail space on 10.626 acres within the Shoppes of
Woolbright PCD.
ITEM #2:
AGENT:
OWNER:
DESCRIPTION: ITEM #1
ITEM #2
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
~RNATIVES: N/A
( W~;/J;e~j/l ~I
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City ager's Signature
-
Development
Departtnent Name
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-/.:L,ni \ . . ..u~........
Planning and zoning DirectoT
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J \SHRDATA\PLANNING\SHAREDIWPlPROIECTS\SHPSWOOL\AGENDA rffiM REQUEST 2.)-91 DOC
DEVELO lENT SERVICES DEPARTM,iT
MEMORANDUM NO. PZ 98-026
TO: Chairman and Members
Planning and Developme:nt Board
THRU: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM: Vanessa L1era
Plans Reviewer
DATE: January 22,1998
SUBJECT: Shoppes of Woolbright PCD - File Nos. MPMD 97-007 and Shoppes of
Woolbright Home Depot Expo Design Center - NWSP 97-024
Master Plan Modification (divide remaining square footage and land in
two) and Site Plan
NATURE OF REQUESTIDESCRIPTlON OF PROJECT
Susan E. Prillaman of Greenberg Farrow Architecture, Inc., agent for Home Depot USA .
(applicant), is requesting two approvals: a) to modify the master plan for the Shoppes
of Woolbright PCD and b) to request site plan approval of a proposed 10.626 acre tract
north of the existing Home Depot Store. The Shoppes of Woolbright PCD commercial
development is located on the north side of Woolbright Road and east of the L.W.D.D.
E-4 Canal (see Exhibit "A" -location map). The requested modifications are shown on
the proposed master plan and described in the attached letter from Susan E. Prillaman,
dated December 17,1998 (see Exhibit "B" -letter of request, approved master plan and
proposed master plan). The proposed master plan changes are as follows:
1. Relocation of the north property line between Home Depot and the undeveloped
property to the north of Home Depot.
2. Subdivision of the undeveioped property (currently one parcel) and the remaining
vestdd square footage of 157,000 square feet into a 10.626 acre parcel with
108,004 square feet of retail space and a 3.99 acre parcel, adjacent to SW. 8th
Street, with 49,106 square feet of retail.
BACKGROUND
The characteristics of the site plan request are as follows:
Land Use Plan
Designation:
Local Retail Commercial (LRC)
Zoning
/
I
Page 2 of 5
Memorandum No. 98-026
Shoppes of Woolbright PCD, MPMD 97-007 and
N'NSP 97-024 (Expo Design Center)
Designation:
Type of Use:
Square
Footage:
Surrounding land
uses and Zoning
District:
Existing Site
Characteristics:
Proposed
Development:
Concurrency:
a. Trafflc-
PCD (Planned Commercial District)
Commercial (Retail)
Site Area: 10.626 Ac
Building Area: 108,004 square feet
(see Exhibit "A" -location map)
North:
Woolbright Place, residential development zoned
PUD
South:
Right-of-way of Woolbright Road and farther south is
land zoned, Community Commercial (C-3).
East:
CSX Railroad right-of-way and farther east, is
undeveloped land zoned Ught Industrial (M-1)
West:
Lake Worth Drainage District E-4 Canal and farther
west is a single family residential development
(Leisureville), zoned R1AA
The site is currently undeveloped and contains 23 slash pines and
scattered clusters of Ear Leaf Acacia and Brazilian Pepper. A
landscaped berm separates the eastem portion of the site from the
railroad right-of-way (see Exhibit .C" - sUlvey)
A one story 88,004 square foot home design center and attached
Mure 20,000 retail space (see Exhibit "0" - proposed site plan).
A trip generation comparison of the approved uses versus
the proposed uses was submitted by the applicant. Tables
show the net external trip generation for the proposed
development to be lower than that of the approved
development, which is vested. Palm Beach County Traffic
Engineering Division reviewed this analysis an~,:,d this
project consistent with the Palm Beach Coun~c
/)
/
.. ~
Page 3 of 5
Memorandum No. 98-026
Shoppes of Woolbnght PCD, MPMD 97-007 and
NWSP 97-024 (Expo Design Center)
b. Drainage-
Driveways:
Parking Facility:
Landscaping:
Building and Site
Regulations:
Performance Standards ordinance.
Insufficient drainage inf'Jrmation has been submitted for the
Engineering Division to certify compliance with the city's
drainage levels of service at the time of site plan approval
when it is required. The Engineering Division is
recommending that this be postponed to time of permit
review.
On-site traffic access is provided via the existing main driveway to
Home Depot. In connection with this construction, Purple Heart
Way (f.k.a. - Morton's Way/Industrial Access Road) will be
constructed. From Purple Heart Way three. 27 foot wide
ingress/egress driveways will be constructed.
There are 557 on-site parking spaces to be provided, including
twelve (12) handicap accessible spaces as required by ADA. This
exceeds the minimum standard of 540 parking spaces as required
by the Land Development Regulations, Chapter 2 - Zoning for this
use.
The landscape plan will fully meet the code requirements when
staff comments are incorporated.
Plans meet the building and site regulations.
Community Design
Plan: There is one building proposed for the site. However it will be built
in two phases. The first phase is the 88,004 square foot Expo
Design Center. This phase is finished with beige concrete tilt
panels and rapped with a gray metal flashing. Masonry columns,
canopy and com ice accentuate the main entrance. The roof is flat
and is hidden behind a 3 foot high parapet wall. The site is located
adjacent to the Home Depot store in.the Shoppes of Woolbright
development, along SW 8\11 Street. No specific architectural
pattem has been established in this area to which this project can
be compared. See Exhibit "E" for elevations.
Signage:
Signage has been' submitted as a part of this application, as well as
a sign program change. The Expo Design Center is proposing a
multi-colored sign which contains violet and pea-green; two colors
which are not part of the current Shoppes of Woolbright sign
program. The sign program has been amended previously and an
Page 4 of 5
Memorandum No. 98-026
Shoppes ofWoolbnght PCD. MPMD 97-007 and
NWSP 97-024 (Expo Design Center)
appeal granted for number of colors. The code allows two colors,
in addition to black a,d white. The approved list of colors includes
dark blue, red, yellow, grey, orange, royal blue, brown, gold, ivory,
black and white. Green was denied with the last approval. Violet
and pea green are requested. Helvetica is the approved letter style
(exception of Burger King and RaceTrac) and cabinet and channel
letters are the approved sign style. The letter style proposed is not
Helvetica, nor matches any other existing style. The sign style is a
non-illuminated cabinet. In addition, the existing pylon sign on
Woolbright Road is to be rebuilt. It is not clear whether this is Co
brand new sign (which then must meet current height and size
limits). .
The Shoppes of Woolbright is part of a November 6, 1986 and January 24, 1990
stipulated settlement agreement between the city and Tradewinds Development
Corporation. The City Commission ratified the settlement agreement by approving a
master plan modification on May 15, 1990 that depicted the applicable conditions of the
January 24, 1990 stipulation and settlement agreement. The agreement vested the
project for traffic, water and sewer, so that no time extensions for concurrency would
ever be required, prior to build-out of the property, so long as the total number of trips
and peak hour of trips did not increase. The settlement agreement approved a
maximum of 320,000 square feet, to include the following current uses (which have
been amended multiple times since the agreement):
Parcel
Tract "B"
Aooroved use
Cracker Barrel Restaurant - 9,970 sf
Race Trac Gas Station - 3,040 sf
Tract "C"
Lot 1
Lot 2
Lot 3
Food Court Fast Food Restaurant - 3710 sf
Discount Auto Parts - 6492 sf
Burger King Fast Food Restaurant - 3175 sf
Tract "0"
Parking and circulation for Home depot
Tract "F"
Home Depot - 102,250 sf
& Garden Center - 28,120 sf
Tract "E"
Retail- 157,000 (connected) square feet
Tho modifications to the master plan will result in a total of 313,857 square footage;
previously vested for traffic, water and sewer.
Lf
Page 5 of 5
Memorandum No. 98-026
Shoppes of Woolbright PCD, MPMD 97-007 and
NWSP 97-024 (Expo Design Center)
MASTER PLAN MODI FICA TION ANALYSIS
Changes to Planned Commercial Development (PCD) muster plans are reviewed
consistent with Section 6.F.13.b. of Chapter 2 - Zoning which requires that
modifications to approved plans which result in an increase of less than ten (10) per
cent in measurable impacts, as determined by including any changes in traffic
generated, water consumed .or sewage to be collected, be reviewed by the Planning
and Development Board and finally approved by the City Commission. The
modifications requested result in no increase in impacts.
With respect to other master plan issues, the 1990 settlement agreement required the
Home Depot and the retail north of it to be designed as one single building, attached.
In 1995, the agreement was revised to not require Mure retail to be connected. This
request, although it creates a new outbuilding, is consistent with the agreement and
PCD setbacks. Also, it should be noted that since August, staff has been WOrking with
Mr. Morton regarding a proposed revision to the settlement agreement. The draft
agreement shows a redesign and relocation of the berming and landscaping along and
within Purple Heart Way. Although not yet approved by the Commission, this site plan
submittal complies with the draft revision (see Exhibit F).
RECOMMENDATION
This master plan modification request was reviewed by the Technical Review
Committee (TRC) on December 7, 1997. The TRC recommended approval of the
request, subject to staff comments listed in Exhibit "G" - Conditions of Approval.
Staff recommends approval of this site plan request, subject to the comments included
in Exhibit "H" - Conditions of Approval. The Technical Review Committee (TRC)
recommends that the deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit.
VL:bme
Xc: Central File .
S:\PLANNING\SHAREDIWPIPROJECTSlSHPSWOOLIEXPOIMPMD\STAFFRPT -MPMD-NWSP.DOC
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EXHIBIT "A"
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L r\CATlON MAP
SHOPPES OF WOOLBRIGHT PCD
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December 17, 1997
Pl.ANNI~g)ND
lONING nEPl
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.
,
.
Mr. Jerzy Lewicki, Actir.g Sr. PI:lll!ler!Prcject Mm~ger
City of Boynton Beach
Planning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
. .
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" II: C lot I TEe T l' II: E
E~G!NEERI~C
P L " N "'l I ~ G
Dear Jerzy:
Re: Shoppes of Woolbright PCD-Master Plan Modification
As you know, The Home Depot wishes to build its new EXPO Design Center in Boynton Beach,
Florida. To this end, the enclosed submittal modifies the master plan for the undeveloped 14.6 acres
at the Shoppes of Woolbright.
The proposed master plan modification places 108,004 retail s.f. (88,004 s.f. EXPO Design Center
and 20,000 s.f. retail) in line with the existing Home Depot store at Woolbright Road and S.W. 8
Street. To complete the development, a 3.79 acre "outparcel" between S.W. 8 Street and the Design
Center contains a total of 49,106 s.f. for future retail development This modification is consistent
with the 313,896 s.r. previously approved and vested for traffic concurrency (MTP Group, Inc.
statement attached). This site is partially developed and utilities are stubbed out to the property.
Soils testing indicates that soil conditions are suitable to support the proposed development.
The enclosed survey shows a number of slash pines remAining on this site. Kevin Hallahan has
asked that these trees be mitigated by the creation of additional scrub jay habitat along the east
property line. This new area is shown on the landscape plans included in the site plan submittal.
Please call me at (770) 303- I 033 if you have any questions or need any additional information.
Sincerely,
GREENBERG FARROW ARCHITECTURE, INC.
s.'^~'^-t.~oo~ v-
--=-
Susan E. Prillaman
Site Development Coordinator
wp
enc!.
c: Mike Morton
John Shem
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EXHIBIT "G"
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EXlllBIT "G"
Conditions of Aooroval
Ce }/j/a7
""'(.. 1
Project name: Shoppes of Woolbright PCD
File number: MPMD 97-007
Reference: ThlU!!l!!l.!.SQ.nsist of2 sheets identified as 2nd Submittal. Master Plan Modification. File # MPMD
97 007 with a Januarv 16 1997 Plannin!! and Zonin!! Deoartment date stamD
- .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
1. Provide a copy of the agreements allowing stormwater from this parcel X
to be treated on the P.U.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 DMSION
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 Depot X
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 Retail" and X
"EXPO Design Center". Provide accessibility to commetcial buildings
with sidewalk on the south side of Purple Heart Way.
BUILDING DMSION
Comments:
5. Add to the proposed master plan notes and symbols that represent the X
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 patking spaces including identifying the number provided for
the improvements proposed with the subject request. [Florida
Accessibility Code for Building Construction, Section 4.1.2(5){a),
Patking Spaces]
Page 2
Shoppes of Woolbright PCD - EXPO
File No.: MPMD 97-007
OE.I'ARfMENTS INCLUUE REJECT
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING DMSION
6. Provide clause on the survey stating property was abstracted as required X
by Land Development Regulations, Chapter 4 Section 7.A.
7. The required 25 foot landscape buffer along the northern property line X
shall be included entirely within the PCD boundaries and not
encroaching into the public right-of-way. Correct location of buffer
accordingly. (Proposed settlement revisions will waive this code
requirement. )
8. Replat shall include a landscape buffer easement dedicated to X
maintenance association (or others) in Purple Heart Way to ensure
maintenance oflandscaping by someone other than the city.
9. Square footage totals of outbuilding and retail space east of outbuilding X
must be revised to not exceed the approved 157,000 square feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
10. Comment No.3 to be reviewed by the city attorney and staff prior to X
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
11. To be determined.
TJH:dim
J:\SHRQATA\PlANNING\SHAAED\'M'\PROJECTS\SHPSWOOL\EXPO\COND. OF APPROVAl-MPMO,OOC\
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Shoppes of Woolbright PCD
APPLICANT'S AGENT: Susan Prillaman
APPLICANT'S ADDRESS: 1755 The Exchange, Atlanta, GA 30339
DATE OF HEARING BEFORE CITY COMMISSION: 2/3/98
TYPE OF RELIEF SOUGHT: Master Plan Modification
LOCATION OF PROPERTY: East side of SW. 8th Street between Home Depot and Industrial Access
Road
DRAWING(S): SEE EXHIBIT "A" 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
X HAS
~AS 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 "B" with notation 'Included".
4. The Applicant'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 Clel ~.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
JIPlanninglSHAREDIWPlProjectslShpswool\EXPOIDEVELOPMENT ORDER,doc
EXHIBIT "H"
Conditions of Aooroval
Project name: Shoppes of Woolbright - Expo Design Center
File number: NWSP 97-024
R.,[~r~lIc~. The OI&JIS con~ist of 12 sheet!. identified as 2nd Review. New Sil~ Plan. File #JI.'WSP 97-024 with
a Januarv 16 1998 Planninll and Zoninll Deoartment date SlamO markinll
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: X
1. Department of HRS pennits will be required for the water system X
serving this project. (Sec. 26-12) These requested plans and
applications shall be forthcoming.
2. Fire flow calculations will be required demonstrating the city code X
requirement of 1500 g.p.m. as stated in LDR, Chap. 6, Art. , Sec. 16, or
the requirement imposed by insurance underwriters, whichever is
greater. (See Sec. 26-16(a)). Submit these calculations with the HRS
permit submittal.
3. Sec. 26-34(E) of the city code requires that a capacity reservation fee be X
paid for this project either upon Utilities Department's request for
signature on the Health Department application forms or within 30 days
of site plan approval, whichever occurs first. This fee will be determined
based upon fmal meter size, or expected demand. The reservation fee for
a single 2-inch meter is $2, I 06. 72.
4. Provide an engineer's written certification that drainage will conform X
with all rules of the city and the South Florida Water Management
District. (LDR Chap. 4, Sec. 7F)
5. Final drawings shall include appropriate backflow preventers will be X
requirrd on the domestic water service to the building, and the fire
sprinkler line, in accordance with Sec. 26-207.
6. The fmal engineering drawings shall show the connection of the X
proposed water main to the existing water main north of the project site.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments:
Page 2
Shoppes of Woolbright PCD - EXPO
File No.: NWSP 97-024
DEPARTMENTS INCLUDE REJECT
7. Add a general note to the site plan that all handicap stalls shall be built in X
accordance with City Standard Drawing B-90012. Correct the "Parking
Detail" on sheet SP-I to include 4" white diagonal stripes within the 5
foot access aisles.
8. Show sidewalk thro all driveways to delineate pedestrian path. [LDR X
Chapter 23, Article II.P.]
9. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping, irrigation and traffic control devices. Permits required from
agencies such as FOOT, PBC, SFWMD, DERM, LWDD, DEP and any
other permitting agency should be included with any permit request.
10. Provide an engineer's certification that the drainage will conform with X
all roles, regulations, codes, etc. as required in LDR, Chapter 4, Section
7.F.2 and Chapter 22, Article II, Section 7.A.and 7.D.
11. The interconnected drainage system for Home Depot shall be completed X
as part of the permitting of the design center.
12. Change the "9 foot" dimension shown half way into the 5 foot access X
aisle on parking detail to the center of the blue and white stripes to the
left. [Standard Drawing B-90012]
13. Show the 4 foot concrete sidewalk I foot off of the south R/W line of X
Purple Heart Way. [Standard Drawing B-91005]
14. At Purple Heart Way and S.W. Sth Street show two egres~ lanes for X
north and southbound traffic as stipulated in Resolution No. R96-65,
Settlement Agreement.
15. Add an appropriately located WI4-1 "Dead End" sign per FOOT Index X
17349.
16. It is recommended that construction plans for Purple Heart Way shall be X
submitted at time of permit request to construct design center, including
streetlights per agreement between Morton and the city.
BUILDING DMSION
Comments:
17. Add to the site plan, landscape plan and site drainage and utility plan X
notes and symbols that will identify and represent the location of the
Page 3
Shoppes of Woolbright PCD - EXPO
File No.: NWSP 97-024
DEPARTMENTS INCLUDE REJECT
accessible route that is required from the abutting street to the accessible
entrance of the building and each tenant space. Also, add to the site plan
and site drainage and utility plan notes, dimensions, slopes,
specifications and, where applicable, detail drawings that will ensure the
accessible route will be constructed in compliance with the accessibility
code. [Florida Accessibility Code for Building Construction, Section 4.3,
Accessible Route]
18. Add to the sile plan drawing a detail drawing of the curb ramps shown X
on sheet SP I of I. The ramp shall comply with the accessibility code.
(Florida Accessibility Code for Building Construction, Section 4.6, 4.7
and 4.8]
19. The title of the plan that the sign drawings are attached to shall be X
renamed Sign Program Site Plan. Add a note to the plan indicating that
the drawing is to be used only for the location of the site sign and the
location of the EXPO tenant space.
20. The proposed 270 square foot site sign exceeds the maximum 160 square X
foot sign area allowed by the sign code. Therefore, amend the sign to
show no more than 160 square feet of signage. Add the color name and
color code for the sign colors shown on the proposed site sign. Also,
identify the colors proposed for the sign frame and sign structure.
[Chapter 21- Sign Code, Article IV, Section 3.B.]
21. Indicate and show on the site plan that there is no less than 10 feet X
between the leading edge of the site sign and the adjacent property lines
[Chapter 21 - Sign Code, Article ill, Section]
22. To properly evaluate the proposed wall sign identify the length of all X
three lines of the signage. Add to the sign program submittal elevation
view drawings of the building that depict the location(s) of the proposed
wall signage. Also, identify the length of the building frontage of the
EXPO tenant space. Note that the maximum total square footage of wall
signage allowed shall not exceed one and one-half (1-1/2) square feet of
sign area for each one (I) foot of linear building frontage. Amend the
plans accordingly. [Chapter 21 - Sign Code, Article IV, Section 3.B.]
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments:
Page 4
Shoppes of Woolbright PCD - EXPO
File No.: NWSP 97-024
23. All 25 trees shown on the tabular fonn (sheet LP3 of 4) must be replaced X
in addition to the required trees for the site, and shown on the landscape
sheets. [City Code of Ordinances, Environmental Chapter 7.5 Tree
Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 Section 6;
Chapter 7.5 Landscape.]
24. Submit a management plan document for the property left undeveloped, X
which is adjacent to the Florida East Coast Railroad right-of-way.
Include in the document the following note: "area shall be hand I!I'IIbbed
to remove all invasive exotic olant material and litter". [City Code of
Ordinances, Environmental Chapter 7.5 Tree Protection; Comprehensive
Plan Policy 4.3.5; Chapter 7.5 Section 6; Chapter 7.5 Landscape.]
25. The landscaped benn on the rear of the site along the Florida East Coast X
Railroad right-of-way shall be maintained free of exotics and modified to
comply with the approved buffer plan. [City Code of Ordinances,
Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy
4.3.5; Chapter 7.5 Section 6; Chapter 7.5 Landscape.]
PLANNING AND ZONING
26. Provide clause on the survey stating that the property was abstracted for X
right-of-way and easements, as required by Land Development
Regulations, Chapter 4 Section 7.A.
27. Substitute the violet and pea-green sign colors for one of the eleven X
colors of the approved sign program.
28. Roof top equipment shall be completely screened from view as required X
by LDR (Chapter 9, Section I I.E.). Add note to elevations that if roof
equipment is visible from a distance of600', screening will be provided.
29. Install a dead-end sign at the east end of Purple Heart Way where it X
intersects with the easternmost driveway to the new design center.
30. Elevations for the future retail space will require review by the Board X
and Commission.
31. Signage for the future retail space will require review by the Board and X
Commission.
32. It is recommended that the required hedge along the west side of the X
access aisle that is located east of the 49, I 06 square foot outbuilding be
deferred until the outbuilding is constructed.
33. Square footage totals of outbuilding and retail space east of outbuilding X
must be revised to not exceed the approved 157,000 square feet.
Page 5
Shoppes of Woolbright PCD - EXPO
File No.: NWSP 97-024
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
34. Delete comment number 27. X
ADDITIONAL CITY COMMISSION CONDITIONS
35. To be determined.
TJH:dim
J:\$HRDATA''''LAHN1NG\SHAREO\V*\PROJECTS\SHPSVJO()t.\EXPO\COND, OF APPROVAl-NWSP,OOC
., DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Shoppes of Woolbright PCD - Expo Design Center
APPLICANTS AGENT: Susan Prillaman
APPLICANTS ADDRESS: 1755 The Exchange, Atlanta, GA 30339
DATE OF HEARING BEFORE CITY COMMISSION: 2/3/98
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: East side of S.w. 8th Street between Home Depot and Industrial Access
Road
DRAWlNG(S): SEE EXHIBIT "A" 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
.lL- 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 'B" with notation 'Included".
4. The Applicant's application for relief is hereby
.lL- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by thl_ City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J'PlanningISHAREDIWPlProjectslShpswooI\EXPO\DEVELOPMENT ORDER,doc
MINUTES
PLANNING AND DEVELOPMENT BOARD MEEiiNG
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
As previously discussed at another meeting, Mr. Kastarlak was interested in an auxiliary
use of this tower for other purposes. Ms. Zimring advised that the engineers were
present and they could speak to Mr. Kastarlak about this after the meeting.
Motion
Mr. Dube moved to approve the request for conditional use approval to erect a 140 foot
telecommunications tower on a vacant lot for Four Steel Communications, submit to
staff comments. Vice Chairman Reed seconded the motion, which carried
unanimously.
B. Subdivision
Master Plan Modification
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Commerce Center Planned
Industrial Development (PID)
Alan Gainsborg
Boynton Commercenter, Limited Partnership
Corporate Drive
Request for modification of the previously
approved PID master plan to combine parcels
3A, 3B and 3C and replace the four planned
office buildings, totaling 429,600 square feet,
with four warehouse/manufacturing/office
operation centers, totaling 134,259 square feet
and two future buildings totaling 72,420 square
feet.
With regard to the master plan modification, Mr. Gainsborg agreed to all of staffs
recommendations. However, he pointed out that the square footages in the
recommendations are inaccurate based on some inaccurate data that was given to
staff. The total project will be 206,460 square feet. With regard to Phase 1 of the
project (Buildings A, B, C and D), the square footages on the site plan as submitted
were incorrect. Building A is 24,481 square feet. Building B is 43,225 square feet.
Building C as shown on the plan is 32,279 square feet, and Building D is 43,239 square
feet. Phase 2 of the project (Buildings E and F) will total 63,236 square feet.
4
MINUTES
PLANN!NG AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
Mr. Myott asked if this affects any of the comments. Ms. Heyden stated that she spelled
out the square footage for each building in comment 36; however, she will make those
adjustments.
Mr. Myott asked if the parking requirements would still be met and Ms, Heyden
answered affirmatively.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Mr. Myott inquired about the elevation scheme and the wave. Mr. Gainsborg advised
that it is an adaptation of a park that was recently rehabbed in Broward County. He
combined the raised stucco band wave with the freestanding panel elevation.
Mr. Myott asked if the proposed color is the same color as the bands on the existing
building. Mr. Gainsborg advised that there is a different color scheme. The three
existing buildings will be repainted and other aesthetic work will be done to bring them
into concert.
Motion
Vice Chairman Reed moved to approve the request for modification of the previously
approved PID master plan to combine parcels 3A, 3B and 3C and replace the four
planned office buildings with four warehouse/manufacturing/office operation centers and
two future buildings, subject to staff comments. The total square footages of these
buildings was corrected by Mr. Gainsborg as stated in these minutes. Mr. Dube
seconded the motion, which carried unanimously.
C. Site Plans
New Site Plan
1.
Project:
Boynton Commerce Center, Operations
Centers "A", "B" and "C"
Alan Gainsborg
Boynton Commercenter, Limited Partnership
Corporate Drive
Request for site plan approval to construct four
warehouse/officelindustrial buildings on parcels
Agent:
Owner:
location:
Description:
5
MINUTES
PLANN!NG AND DEVELOPMENT BOARD MEET!NG
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
3A, 3B and 3C (4.61 acres) of the Boynton
Commerce Center PID.
Mr. Gainsborg agreed to all staff comments, with the exception of comment 36. He
advised that the correct square footages are as follows:
Building A
Building B
Building C
Building 0
24,481 square feet
43,225 square feet
32,297 square feet
43,239 square feet
Comment 39 requests a Unity of Title on the four existing buildings. However, Boynton
Commercenter only owns three of those buildings. Therefore, he agreed to provide a
Unity of Title with parcels 3D, E and F, but not 3G. Ms. Heyden confirmed that this was
an error and that Mr. Gainsborg was correct.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Mr. Dube requested that Cypress Mulch not be used and Mr. Gainsborg agreed.
Motion
Mr. Dube moved to approve the request for site plan approval to construct four
warehouselofficelindustrial buildings on parcels 3A, 3B and 3C (4.61 acres) of the
Boynton Commerce Center PID, subject to staff comments and the following:
.:. Comment 23 - that no Cypress mulch be used;
.:. Comment 36 - replace the square footages as corrected by Mr. Gainsborg;
and
.:. Comment 39 - Unity of Title be given on all but 3G.
Mr. Myott seconded the motion, which carried unanimously.
6
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
B. Subdivision
Master Plan Modification
Description:
Shoppes of Woolbright Planned
Commercial District (PC D)
Susan Prillaman
Howard Scharlin, Trustee
c/o Michael Morton
East and west sides of S.W. 8th Street, north of
Woolbright Road
Request for modification of the previously
approved master plan to move the north
property line between Home Depot and the
undeveloped property to the north 40 feet north
and to subdivide the undeveloped property and
vested square footage into a 3.99 acre parcel
with 49,106 square feet of retail and a 10.626
acre with 108,004 square feet of retail. (If item
B.2 approved, proceed to item C.2.)
2.
Project:
Agent:
Owner:
Location:
John Shem, Real Estate Manager for the Expo Division of the Home Depot in Atlanta
Georgia, referred to comment 3 and did not believe platting is required because after
the purchase and redistribution of the property, the resultant properties will only result in
two parcels. He displayed a drawing of the overall master plan to clarify this point.
Ms, Heyden still felt platting is required. Mr. Myott asked if it is a plat or a replat. Ms,
Heyden advised that it is a replat.
Mr. Shem reiterated that if the property resultant is two parcels or less, platting is
generally waived or required to be waived. He stated that platting would be a severe
time imposition on the ability to go forward with this development.
It was Mr. Kastarlak's understanding that this particular review was to be conducted
from the very beginning under the PCD rules and regulations and review procedures.
This was made very clear to the owners and potential users because if it was not a PCD
and was something else, like a subdivision, there would have been a different type of
review. In the future, if there is a change from PCD to some other form of development,
7
MINUTES
PLANNING .A.ND DEVELOPMENT BOARD MEET!NG
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
the review in front of the board this evening would not be valid and another review
would have to be done at that time.
Mr. Shern advised that this PCD is not being subdivided. He referred to the overall
master plan that he displayed and stated that if the yellow portion is further subdivided
and the result is three or more parcels, then it would have to be replatted. However, at
the present time, there are only two parcels.
Mr. Kastarlak stated that if the area designated yellow is subdivided in the future, it will
no longer be a PCD. The area designated yellow will be extracted from the PCD and
the PCD will no longer exist. This applicant will have two lots separated by the area
designated yellow. He reiterated that whatever we do should be for the whole PCD,
The area designated yellow is not owned by Home Depot.
Mr. Shern did not know if this applicant can be held accountable for what might happen
or not happen in the future. He stated that the applicant is entering into a transaction
that will take a piece of property owned by one owner and create two parcels out of it.
He believes this is consistent and conforms to the policies and regulations of the City.
He did not believe that those policies or regulations require platting in this circumstance.
What may happen in the future to the applicant's parcel or the remaining parcel would
have to come back to staff and the City for the appropriate determination of action. He
did not believe that this particular action at this particular time triggers that requirement.
Mr. Rosenstock was concerned about what would happen if this site plan is approved
this evening and the corporate owner of this property comes back again. He wondered
if we are foreclosed from taking any action on the parcel designated in yellow in the
future.
Mr. Shern pointed out that wh8tever happens to that property in the future has to
conform to the rules and regulations of the City. He stated that there was a suggestion
that this applicant buy the rest of the property. Mr. Kastarlak commented that that
would be wonderful. Mr. Shem found that outrageous. He stated that he wants to buy
a piece of property in Boynton Beach to conduct his business and knows exactly what
he needs to conduct his business. He objected to buying more property and planning
somebody else' piece of property. He has prepared his master plan consistent with his
building and consistent with the business he intends to conduct there. He did not know
why they were made to suffer the additional time necessary to go through the replatting
process when it does not seem to be consistent with any of the rules or policies of the
8
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
City of Boynton Beach. He is trying to open a business by a date certain in October
1998.
Mr. Myott asked why this would affect the PCD designation and if PCDs can be
adjacent to each other. Mr. Kastarlak advised that this property can be turned into two
PCDs. However, they would have to operate on their own independent criteria.
Attorney Pawelczyk would like to look into the replatting issue further.
Mike Cavelli, a Certified Planner with Caulfield and Wheeler, stated that the PCD is a
zoning designation of the property. When you go through the PCD process, you
establish various criteria by which you are going to evaluate this site in terms of
setbacks, parking, and all the development standards. You get some buffering
requirements that under conventional zoning you normally would not have. You custom
build an ordinance for a particular piece of property in a particular area that gives you
some latitude in terms of how that property is developed if it does not quite fit into a
conventional zoning type situation.
The subdivision regulations deal with platting, not the PCD. The PCD is merely a
development tool by which you establish criteria to do a review. If that piece of property
needs to be platted, then you follow the platting regulations in terms of what has to be
on that document, how that document is prepared and presented, and what is reviewed.
The only thing you are going to affect in the PCD by doing a plat is if there are any
minimum lot size requirements, access requirements, specific drainage requirements, or
any other requirements that are part of the regulation of the zoning. The plat is merely a
recordation of a graphic representation of a legal description.
If somebody wants to develop only a section of the yellow area, they would have to
replat showing the number of parcels that are created in the yellow area. This does not
affect whether it is reviewed under a conventional zoning or a PCD zoning. No
application is filed to change the zoning. The issue of not knowing what is going to take
place there does not have any bearing on the PCD. Under the definition of subdivision
regulations, if it needs a plat, it is reviewed in terms of the State Statute requirements
and the City Code requirements in terms of the information that has to be on that plat.
That does not change the zoning. You still have the latitude to review that under the
standards of the PCD.
Mr. Kastarlak stated that it is not so much a question of knowing what is going to
happen in the future. He pointed out that if there are separate guidelines for each one
9
MINUTES
PLANNiNG AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
of the parcels, there is no PCD, He was trying to preserve the unity of this entire
complex as one PCD.
Attorney Pawelczyk questioned if each parcel is reviewed under the PCD guidelines
and has to conform to those guidelines and if staff reviews those guidelines to assure
that they are in conformance with the zoning requirements. Mr. Kastarlak said they all
have to be under the one guideline established for this PCD.
Mr. Morton, one of the owners under the Howard Scharlin Trustee Agreement, gave a
brief history of the platting of this property. Mr. Kastarlak stated that platting is not the
issue. If the master plan is going to be changed every time a parcel comes into play, it
loses its meaning. The PCD is based on the master plan. The two of them go together.
If the master plan is modified every time someone comes in, then the rules of the PCD
are also being modified.
Mr. Shern was in favor of the City Attorney's Office reviewing the necessity of replatting
under these circumstances. If there is an obligation to replat, he agreed to do so.
However, he did not want to be required to replat purely because he is asking for a
master plan modification,
Chairman Wische opened the public hearing: however, no one in the audience wished
to address this item.
Motion
Mr. Dube moved to approve the request for modification of the previously approved
master plan to move the north property line between Home Depot and the undeveloped
property to the north 40 feet north and to subdivide the undeveloped property and
vested square footage into a 3.99 acre parcel with 4f', 1 06 square feet of retail and a
10.626 acre with 108,004 square feet of retail, subject to staff comments and subject to
review of the necessity for comment 3 by the City Attorney's Office and staff. Vice
Chairman Reed seconded the motion, which carried unanimously.
C. Site Plans
New Site Plan
2.
Project:
Shoppes of Woolbright - Home Depot Expo
Design Center
10
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
Agent:
Owner:
Description:
Susan Prillaman
Howard Scharlin, Trustee
c/o Michael Morton
Southwest corner of unimproved Purple Heart
Way and the CSX railroad.
Request to construct 108,004 square feet of
retail space on 10.626 acres within the
Shoppes of Woolbright PCD.
Location:
Mr. Shern stated that staff has been very helpful, cooperative, and responsive. With
regard to comment 16. he stated that the agreements between Mr. Morton and the City
are silent on the issue of the streetlights. It is his understanding that streetlights are
under a master agreement with FPL and are not the responsibility of the developer.
Ms. Heyden did not verify whether or not the agreement referred to in comment 16
addresses streetlights. However, whenever a street extension is required, the
streetlights are required to be put in. The developer makes those arrangements, FPL
puts in the lights, and the City then pays for the energy and maintaining them in
perpetuity.
Mr. Shern addressed comments 20 and 27 and stated that he attempted to include a
sign package which is a compromise from the agreement between Mr. Morton and the
City. The current situation allows for two signs to exist. He suggested eliminating one
of the signs and having a sign of the proportions noted in item 20. This sign would carry
all of the major tenants of the PCD and there would be no requirement for the second
sign currently allowed.
Chairman Wische inquired about the size of the proposed sign. Mr. Shern advised that
the existing sign is about 8'7" wide and 30' tall. The proposed sign is 10' wide and 30'
tall. The existing sign is about 160' from the pavement. He found that there is no
proportional adjustment for distance from the road for sign age. In the agreement, there
is an additional sign that falls into this location. This eliminates the allowance for this
additional sign and incorporates the Home Depot, the Expo, and the major tenants of
the PCD onto a monument sign 30' tall and 10' wide. With its base, the calculation
comes to 270' of signage. The alternative is to keep the existing sign, which is about
the same size, and add the additional sign elements to the second sign. However, he
found this architecturally distracting. The purpose of the sign is to eliminate confusion
for people on this road before they have to make a decision. He wanted to combine all
11
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
the information one would need to one location on a sign that is readable from the
street.
Mr. Shern requested permission to use the Expo national logo letter colors on the sign,
Of the four letters in the word, "Expo", two of the colors probably conform and two of
them probably do not. Expo is a unit of Home Depot that is about to be rolled out
nationally to the tune of 200 stores. Boynton Beach has been selected for the third of
the true prototypes. This will be the subject of national advertising and national
exposure. It is very critical that the applicant be able to combine the advertising with the
signage and the store displays to provide for consistency.
Mr. Myott pointed out that the other three tenants could request that the colors of their
logo signs be allowed also. Mr. Shern stated that they would have to go through the
process and be reviewed.
Mr. Rosenstock questioned staff about the size of the sign. Ms. Heyden advised that
that existing sign is nonconforming. It falls under the amortization clause and would
have to be replaced in 1999. The sign would have to conform to a 10 foot setback, 160
square feet in size, and no taller than 20 feet.
Mr. Rosenstock felt the only reason the applicant wants the sign to be 10' x 30' is for
advertising purposes. Mr. Shern pointed out that the sign has to be read from over 160
feet, or 50 yards from the traveling surface. Mr. Shern was willing to put in the two
signs instead; however, he did not think that would be in the best interest of what the
City is trying to accomplish. He was offering an alternative which amounts to less
square footage and less signage.
Attorney Pawelczyk advised that the applicant would have to apply for a sign variance.
In addition, in general, settlement agreements must be amended by the Court. Mr.
Shern withdrew his objection to comment 20.
Mr. Shern referred to comment 24 and pointed out that this property is under easement
to the Florida Department of Transportation and he did not know if he had the right to
modify the vegetation on their easement. He expressed the same concern with
comment 25.
Mr. Rosenstock was disappointed with the way Home Depot has landscaped its
property. He suggested that the corporate officers or the people responsible look upon
12
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
their community responsibility regarding landscaping and see what they can do to
improve it.
Ms. Heyden advised that Royal blue was contained in the original sign program.
Nothing else in that center is Royal blue, so we are going to lose one color.
She advised that we have been having some difficulty with Home Depot in getting them
to maintain their landscaping in the rear of their building. The City Forester has worked
on getting Home Depot to comply with their section of the buffer; therefore, this
applicant should not have any problems meeting comments 24 and 25. Mr. Shern
reiterated that he was not sure he had the right to do this. As long as he is able to do it,
he will.
Mr. Myott referred to comment 27 and asked if the approved sign program could be
amended to include violet, pea-green, and two other colors that may not have been
used to date. He felt the Expo logo and the elevations of the building were attractive.
Ms. Heyden advised that Royal blue is the only color that is not currently being used.
She just wanted to bring to the board's attention that additional colors are being added.
There are now 12 colors. Mr. Morton advised that Royal blue will no longer be a color in
the program.
Discussion ensued regarding the size of signs. Ms. Heyden and Attorney Pawelczyk
explained that all nonconforming signs have to comply by December 31, 1999.
Therefore, any sign larger than 160 square feet will have to be taken down.
Mr. Dube referred to comment 28 regarding roof top equipment and commented that the
Home Depot rooftop can be seen from 1-95 and Woolbright Road and it is a mess.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Motion
Mr. Myott moved to approve the new site plan for the Home Depot Expo Center as
submitted, subject to staff comments in the supplemental handout at the meeting
tonight. Vice Chairman Reed seconded the motion.
Ms. Heyden asked if the Board wanted to delete comment 27 and allow the green and
violet colors. Mr. Myott added the following to the motion: That we include the green
13
MEE-:-::!G 1.1INUTES
REG,~:....I~ C:rt COMMISSIC
BOYtl,CCl aE.:~C:1, FLORIDA
FEBRUARY 3,1998
Mayer -ayiar requested that staff pull the minutes of the meeting to determine exactly what was
agree: ucon, In addition, he would like the City Attorney to advise the School Board that if they
do nc: :omply with what was agreed upon at that meeting, they must remove the antenna within
a cerr"ln period of time. Mayor Taylor requested that the City Attorney report back to the
Comrr:lsslon on this item.
Bob 2rown. 80vnton resident. thanked the City Commission for repairing the infrastructure on
Federal Highway, He felt this would be a perfect time for the City to repair the swales along
Seaer2st and the north end of the City. Mr. Brown suggested that the City contact Hardrives to
see if they would take on this project at a nominal cost since they are already working in the
area.
Mayor Taylor advised that Hardrives is the contractor on Federal Highway but this is a State
projee:. Seacrest Boulevard is,a County road and would be a separate entity that would have to
be contracted out separately. Mayor Taylor advised that the City will be doing swale projects in
the future. This will be a long-term project.
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
None
VIII. BIDS:
.-
-
None
IX. DEVELOPMENT PLANS:
1. Shoppes of Woolbright PCD - Request for modification of the previously-
approved master plan to move the north property line between Home Depot and
the undeveloped property to the north 40' and to subdivide the undeveloped
property and vested square footage into a 3.99 acre parcel with 49,106 square
feet of retail and a 10.626 acre parcel with 108,004 square feet of retail
2. Shoppes of Woolbright - Home Depot Expo Design Center - Request to
construct 108,004 square feet of retail space on 10.626 acres within the Shoppes
of Woolbright PCD
Attorney Cherof advised that these items became quasi-judicial proceedings because they were
removed from the Consent Agenda. Therefore, he administered the oath to all that would
testify,
Attorney Cherof reported that staff had a telephone conversation with Mr. Morton and his
attorney to review a few of the items referenced in the conditions. Tambri Heyden, Planning &
Zoning Director. distributed Development Department Memorandum No. PZ 98-043 dated
February 3, 1998 that suggests rewording or deleting of some of the conditions as indicated in
the memorandum. Attorney Cherof advised that this memorandum was FAXED to the apolicant
earlier in the day,
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 3,1998
John Schern. Real Estate Manaaer for The Exco Division of Home Decol. agreed that he
received the Development Department Memorandum No. PZ98-043 earlier today, and
addres~ed the comments as follows:
Master Plan Modification
Item a
No objection to this item, Mr. Schern clarified that the purpose of the
review ot the Planning & Zoning and legal staff will be to determine that
cross-parking, crass-access and maintenance obligations are included in
the document.
Attorney Cherot confirmed this to be true.
The applicant's understanding of the current settlement agreement
provides for 12' ot the landscape buffer to be in the right-ot-way with 8' to
be on the north side of the road. The revision stated shifts that by 3'. Mr.
Schern said he has no concern about where the City wants that. He will
do whatever the City wants between 12' and 15' including the location of
the sidewalk that moves from the north side of the street to the south side
of the street. He would not want his review to be subject to the execution
of the settlement agreement since he is not a party to the agreement or
the issues raised by the agreement. He would rather have an affirmative.,.-
decision on what the City wants and permission to move torward.
In response to Mayor Taylor'S question with respect to whether or not the City could give the
applicant specifics and allow them to move forward if there is agreement, Attorney Cheraf
advised that would be possible if the party selling the applicant the property will consent to that.
Item c
Mr. Morton was in the audience and said he would consent.
Mr. Schern clarified that will comply with the 15' landscape buffer, and the 4' sidewalk on the
south side of the pavement. The curb and gutter conditions do not change.
Attorney Cherof advised'that the effect would be to revise the last sentence of Item "c. to read
as tollows:
"Pending ! 3ttlement revisions will waive this code requirement." The
remainder of the sentence, as it appears in Memorandum No. PZ 98-043, is to be
deleted.
Mr, Schern said he had no other questions with regard to this memorandum, He thanked staff
tor helping to resolve the outstanding issues in a timely manner.
Motion
Vice Mayor Titcomb moved to approve the Consent Agenda Items 0.1 and 0.2 with the added
stipulations as provided in Memorandum PZ 98-043. Commissioner Tillman seconded the
motion,
Attorney Cherot confirmed that the motion covers the conditions in both items.
l3
MEETING MINUTES
REGU~R CITY COMMISf I
BOYNTON BEAC:-i, FLORIt.",
FEBRUARY 3, 1998
Commissioner Jaskiewicz expressed concern about the condition of the median. The condition
of the median entering the property is disgraceful and has never been completed. Mr. Wildner
confirmed that the City has never accepted that median. There was a prior agreement that the
owner would maintain that median. Commissioner Jaskiewicz advised that the median is filled
with garbage and bottles. No one is cleaning or maintaining it. Approval of this project must
include the completion and maintenance of this median.
Mayor Taylor requested a commitment that this median will be maintained.
Mr. Schern said this median would be included in the REA. The owner of both properties (The
Home Depot and the Expo) will enter into an obligation to get the median in good condition and
maintain it. Discussions have taken place with the owner of the PUD to be consistent with the
maintenance they are performing. The applicant will apply that same standard to the median in
question. The applicant said they installed guardrails along the north side of the Garden Center
to prevent unauthorized dumping of material to the north of the store. There is a comprehensive
plan that will address the medians. He feels the City will be happy with the results.
Commissioner Bradley disagreed with the decision of the Planning & Development Board with
respect to Item 27. He would like that item included so that violet and pea green are not
included since they do not fit anywhere in this PCD. He is in favor of the Expo, but is not
pleased with the colors. ..r
Vice Mayor Titcomb confirmed that these colors will only appear in the letters on the wall signs
on the building, and on the freestanding sign on Woolbright Road. There are no accent stripes.
The motion carried 4-1. (Commissioner Bradley dissented.)
X. NEW BUSINESS:
None
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1.
Proposed Ordinance No. 098-05
Code of Ordinances to provide
Abatement Board
Re: Amendin"j Chapter 15 of the
additional powers to the Nuisance
Attorney Cherof read Proposed Ordinance No. 098-05 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Bob Brown said he is being deprived of his right to build a single-family home on a single-
family lot. This City has refused to help saying he requires County permits. The County has
refused to help saying he requires State permits. He requested that the City Commission
establish a city court to be an arbitrating body in addition to the Nuisance Abatement Board. He
feels it is the duty of citizens to obey the law, but representatives must ensure that the citizens
are treated fairly.
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 3, 1998
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-05. Commissioner
Jaskiewicz seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
2. Proposed Ordinance No. 098-06 Re: Adopting new Personnel
Policy Manual
'.
Attomey Cherof read Proposed Ordinance No. 098-06 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-06. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
~
3. Proposed Ordinance No. 098-07 Re: Amending Ordinance 97-37
to clarify that the length of each tenn would remain at two years, and the
number of tenns an elected officer could hold would not be limited
Attomey Cherof read Proposed Ordinance No. 098-06 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Dee Zibelli. 440 Ocean Parkway. expressed opposition to unlimited tenns for elected officials.
It is her opinion that by limiting the terms, citizens maintain control of govemment. She urged all
Commissioners to think this through very seriously and recommended not putting this item on
the ballot.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 098-07. Commissioner
Jaskiewicz seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
4. Proposed Ordinance No. 098-08 Re: Amending Chapter 7, Articie
1. Section 3.A.1.b. of the Land Development Regulations of the City of
Boynton Beach providing for the enforceability of letters of credit having
expiration dates
Attorney Cherof read Proposed Ordinance No. 098-08 by title only.
15
ME::-:-:;JG ~"INUTES
RE':,~UR ClTY COMMIS~ I
BC'.':riC:~ SE:l.C:-1, FLORllJ,", FEBRUARY 3,1998
MA' ':? TAYLOR ANNOUNCED THE PUBLIC HEARING, THERE WAS NO ONE WHO
WI~:-,~J TO SPEAK ON THIS ORDINANCE.
Mo:!"n
Vic8 Mayor Titcomb moved to approve Proposed Ordinance No. 098-08. Commissioner
JaskiewIcz seconded the motion.
City C:erk Sue Kruse polled the vote. The vote was unanimous.
8, Ordinances - 1st Reading "
1,
Proposed Ordinance No. 098-09
Re:
Newsracks
Attomey Cherof read Proposed Ordinance No. 098-08 by title only.
Mc:!on
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-08. Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
r:-r.
Attorney Cherof advised that staff would make recommendations regarding the provisions that
are currently blank between first and second readings.
C. Resolutions:
1. Proposed Resolution No. R98-13 Re: Confirming the appointment
of Dale S. Sugerman as Assistant City Manager of the City of Boynton
Beach, and authorizing the City Manager to execute an appointment
contract with him on behalf of the City
Attorney Cherof read Proposed Resolution No. R98-13 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution No. R98-13. Vice Mayor
Titcomb seconded the motion.
Commissioner Bradley advised that he had a number of questions and comments regarding this
contract even though he did not have a question about Mr. Sugerman's ability to do his job,
Commissioner Bradley asked Attorney Cherof for his opinion about removing an employee from
Civil Service at this time.
Attorney Cherof felt the move was proper. particulariy with the employee's consent. The
protection afforded by Civil Service is a right that benefits the employee and that right can be
waived by the employee who wishes to go to a contract situation.
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 3, 1998
In response to Commissioner Bradley's question, City Manager Willis advised that Mr.
Sugerman would be assigned a fleet vehicle for his use.
Commissioner Bradley expressed concern about the compensation package because Mr.
Sugerman will be given deferred compensation as well as the retirement package. The last
three City Managers were given deferred compensation only. Commissioner Bradley is
concerned about setting a precedent by giving Mr. Sugerman deferred compensation in the
range of $7.500 plus the retirement package. When this is added together with the salary and
the .signing bonus" ($4,500) in Article 6, Item 6.1, the salary is $93,116. Commissioner Bradley
will not support this.
City Manager Willis advised that the $81,111 is the average salary of Assistant City Managers in
Palm Beach County. Mr, Sugerman has agreed to take on the oversight of all of our downtown
redevelopment projects to ensure that they are properly coordinated on schedule. He will be
held responsible and accountable to answer to the City Manager and the City Commission. The
value of the deferred compensation will be 10% (or approximately $6,000). When the two
figures are added together, they total approximately $87,000. The use of a fleet vehicle is
common. City Manager Willis believes this contract is appropriate and will assist her to get
some of the top managers under contract and in step with the program.
Commissioner Bradley pointed out that 10% of $81 ,000 is $8,100.
.~
Dale Sugerman advised that the actual amount is 7.5% for deferred compensation. He said
there is no .signing bonus". Mr. Sugerman advised that he did not receive his annual increase
in 1997 as did all other employees in the City. He has been in contract negotiations with the
City Manager and has not had a compensation adjustment in almost 16 months, This contract
will give him the 5% cost of living increase that all of the other employees received retroactively
back to his anniversary date.
Commissioner Bradley referred to the contract where it talks about a base salary adjustment of
5%. Commissioner Bradley asked if this is 5% of $81,100.
Mr. Sugerman said he agreed to a 5% anniversary date increase on October 3, 1997. That is
what this language represents.
Commissioner Bradley questioned whether or not 5% was being added to Mr. Sugerman's base
salary. Mr. Sugerman explained that this is a 5% annualized increase handed out in 1/52 each
week. On an employee's anniversary date, he/she receives a 5% increase in the annual salary,
but only receives 1/52 of the actual cash each week.
Commissioner Bradley questioned whether the base salary and benefits are increasing by 5%,
Mr, Sugerman responded negatively. He said his annualized salary on October 3, 1997 would
be increased by 5% but paid Ollt in 1/52 increments each week for however many weeks it has
been since October 3'". All employees are treated in this way.
Commissioner Bradley also expressed concem about the 180-day severance package because
it is more than any other employee has been offered. Three or four months has been the
standard. With respect to the accrued and unused vacation leave, there is a notation that if the
Commission changes the language for all employees, then Mr. Sugerman would be entitled to it.
However, there is language in 7.3.3 and 7.3.4 that says, "the amount for accrued and unused
17
MEE:iNG illlN TES
REGUUR C: f COMMISf 'I
BOYNTON B eli, FLORIL.....
FEBRUARY 3,1998
vacation leave not to exceed the maximum number of days permitted by law, according to the
schedule/form la for non-union employees hired before 10/1/91". He feels this is giving Mr.
Sugerman the enefit the Commission has discussed, but not decided on.
City Manager illis said this will apply prospectively, meaning any accrued and unused sick
leave will be s bject to being cashed out at the rate of 50% of anything he accrues from the
date of the co tract forward. With respect to P:::lragraph 7.3.3, if the Commission decides to go
back to the pr -October, 1991 vacation package for all employees, then it would apply to Mr.
Sugerman retr actively to all of the accrued and accumulated time he had at the time he signs
his contract.
Commissioner Bradley questioned whether this contract gives Mr. Sugerman that benefit from
this point forw rd even though that decision has not yet been made.
City Manager
months. Mr.
Assistant City
iIIis advised that this is a negotiated contract that has taken approximately three
ugerman is in a unique position. There is a growing and disturbing trend of the
anager being subject to termination with a change in administration.
Commissioner Bradley is concemed that Mr. Sugerman is being given a benefit that the
employees wa t. We are in negotiations about this benefit, and Commissioner Bradley feels it
is wrong to in lude this at this time. In addition, there is a dollar amount associated with that
benefit. Com issioner Bradley is not opposed to giving Mr. Sugerman $81,000 and the......
deferred com nsation. He has a problem with the retirement being added on to that and the
addition of th accrued and unused days. Commissioner Bradley has a problem with this
contract.
Commissioner Bradley also pointed out that this was an important issue that was pulled from
the agenda at the last meeting with no explanation. He felt that was wrong and was sorry he
had not pointe that out at the last meeting.
With respect t Paragraph 7.3.4, Commissioner Jaskiewicz recommends adding the phrase, 'if
adopted by th City Commission", because that item is not yet approved.
City Manager illis explained that the provision, as it appears in the contract, is based on all the
other contract that have been negotiated and should contain the same terminology as those
other contrac . In addition, this item was pulled at the last meeting because there was a
misunderstan ing between herself and Mr. !'\ugerman.
Commissione Bradley reiterated that he wanted an explanation of why Mr. Sugerman is being
offered deferr d compensation and retirement. He explained that it makes no sense to him and
he expressed urprise that he was the only Commissioner to question this.
Mr. Sugerma explained that he will be the first pUblic employee of the City of Boynton Beach to
leave Civil Se ice. There is a cost and a risk associated with doing that, and that cost and risk
are the terms nd conditions of the contract negotiated with the. City Manager.
Vice Mayor Ti comb explained that Mr. Sugerman's remarks are the reasons why he is wiiling to
go along with the provisions of this contract. The 'carrot" was planted in this contract and he
does not beli e the overall impact is as significant as it appears. It provides a security blanket
for Mr, Suger an to do a very good job for the City while stepping out of Civil Service.
18
MEETING MIN
REGULAR CI
BOYNTON B
TES
COMMISSluN
CH, FLORIDA
FEBRUARY 3,1998
Commissioner Tillman agreed with Vice Mayor Titcomb's remarks. He read the contract
thoroughly and he contends that as the City moves from Civil Service to personal contracts, it
might be nece sar'y to add insurance. He reminded the Commissioners that Mr. Sugerman is
stepping into a "gray. area and he would not want to step into that area without protection. The
items in the co tract are valid because Mr. Sugerman could lose his job because he is out of the
protection of Ci il Service.
Mayor Taylor f els this is an excellent contract for Mr. Sugerman because it gives him a good
increase in sat ry. At the same time, it is a good contract for the City. Mr. Sugerman has saved
the City a gre t deal of money over the iast few years because of his performance. He has
eamed this co tract because of his leadership. Performance needs to be acknowledged and
rewarded.. AI ough this contract goes beyond where the City normally goes with respect to
money, Mayor aylor will support this contract.
Commissioner
Sugerman's s
we did not hav
appreciates th
to come.
Motion
askiewicz concurred with Mayor Taylor's remarks and is still appreciative of Mr.
ices that got the City through the interim period without a City Manager, when
an ITS Director and when he took over the Human Resources Department. He
job Mr. Sugerman is doing for the City and hopes he continues for many years
-
-
Commissioner Tillman moved to approve Proposed Resolution R98-13. Commissioner
Jaskiewicz se nded the motion that carried 4-1. (Commissioner Bradley dissented.)
D. ther:
Consider Code Compliance Board request for lien reduction to $826.18
for Alberta K. & Octavia C. Bell-1213 NW 4th Street- Case # 96-5692
Scott Blasie, Code Compliance Administrator, advised that the Commission would be
considering tw cases for the Bell property. The property is located at the comer of NW 12th
Avenue and N 4th Street. The Code Compliance Board heard both cases and unanimously
decided to red ce both liens. The Walkers appeared at the previous Code Board hearings and
testified that th y did not have the funding to make the Code corrections required and went into
a state of non mpliance for an extended period of time, They have since obtained financing to
rehabilitate th property. They were present in the audience to make a presentation with
respect to thei intentions. This case was forwarded to the City Attomey's office for foreclosure.
Since they ha complied the violations and applied for a lien reduction, the City has not moved
forward with th foreclosure.
Vir II Walker D & D Con .ctlon Com an Miami Florid advised that in July of 1997,
Mrs. Bell con ctad him to rehabilitate the property at 1213 NW 4th Street. When the Code
violations wer placed on the property, the Bells did not have the finances available to hire a
contractor to rrect the violations. This is a drug-infested area that needs a great deal of help.
The Bells feel heir proposal for a mini-mart can bring about a change in Cherry Hill. Services
will be offered in addition to the sale of groceries. Area residents will be able to pay their
electric and ph ne bills at the mini-mart.
19
MEETING MINUTES
REGULAR CITY COMMISSll
BOYNTON BEACH, FLORIDA
FEBRUARY 3, 1998
Mr. Walker distributed copies of a drawing depicting the renovations planned for
commencement in two weeks, and a copy of the financing secured through First Union Bank.
The plan will be submitted to the Planning & Development Board for approval. It was originally
anticipated that the' reno'/ations would cost approximately $44,000. Since change orders will
drive the cost up, he requested that the fine be reduced to the amount recommended by the
Board. and he asked the City to reinvest that money in the mini-mart program.
Vice Mayor Titcomb referred to back-up information indicating response calls to criminal
violations. He requested clarification of the law in terms of assignment of responsibility to the
actual property owner.
.'
Attomey Cherof advised that it should have no affect with respect to the Code compliance issue.
The violations on the property are the ultimate responsibility of the property owner.
Mr. Walker advised that Mrs. Bell contacted the City of Boynton Beach Police Department to
request that they act as the City's agent. Since that time, the Police calls have been reduced.
The Bells have had a tenant at this location who has not been cooperative with the City of
Boynton Beach. That tenant has been served a Letter of Eviction and she is in the process of
complying with the process. Mr. Walker has an agreement with the tenant advising that the
Bells will take possession of the property on February 10th. The tenant has begun the process
of moving from the property.
or
Commissioner Jaskiewicz said she is very familiar with this area. While participating in the
Wrice marches, it was necessary to spend an hour or more collecting the liquor bottles from the
lot across from this parcel. This problem will continue unless the sale of liquor is prohibited.
She will support this request for a lien reduction if the applicant will provide assurances that no
liquor will be sold at this site for a period of three years. In addition, she would not support
outside phones at this location.
Mr. Walker advised that there are three properties directly across from the store. The applicant
has agreed that the mini-Mart would be responsible for the clean-up of those properties.
Commissioner Tillman explained that the major concem about the trash and liquor bottles is that
they are defacing properties in an area where the City is attempting to eliminate blight.
Commissioner Tillman does not want any loitering in this location and wants the property
owners to enforce a "no loitering" rule.
Mr. Walker felt Mrs. Bell addressed the issue of loitering by hiring the Police Department to
remove any individual that may be engaging in any type of criminal activity, In addition, the
applicant Is planning to relocate the phones, although a decision has not yet been made with
respect to their location. The phones will only be available for outgoing calls. This is necessary
since some of the area residents do not have phones in their homes.
In response to Commissioner Jaskiewicz, Mr. Walker said the phones will be removed from the
comer, but he is not sure whether they will be located inside the establishment or outside.
Commissioner Jaskiewicz said she would not support the application if the phones are not
located inside the establishment. She also advised that this could be processed under the
Nuisances Abatement Board. If that was to happen, as a minimum, they could issue a ruling
eliminating the sale of alcohol at this establishment. Commissioner Jaskiewicz feit this was a
20
-,
-
~~.
,_ ....'J:: ,...,...."._. ...... "':"..::....~,.. . .-'( ':!:''',~,>."
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 3,1998
classic example of a case that should have been processed through the Nuisance Abatement
Board. Commissioner Jaskiewicz pointed out that if the tenant was issued the Notice of
Termination on December 29th, he/she should have been off the property at this time. She is
concerned that the tenant will not vacate the premises. Commissioner Jaskiewicz
recommended tabling this item to make sure the tenant vacates the premises before
consideration of this request by the Commission.
Marshall Gage, Chief of Police, reported that the Police Department initiated serious
enforcement action on this establishment a number of months ago. The owner's cooperation
was gained after months of vigorous enforcement on the part of City, County, and State officials.
Cooperation was not voluntary. It was given after a considerable amount of pressure was put
on this site. The applicants are not new owners. They are long-term owners. They began to
cooperate when it became apparent that the City was moving toward taking the property. In the
last few months, they have been extremely cooperative in helping the Police Department to rid
that comer of drug dealers. Chief Gage said he would not object to the reduction of the fine.
However, a tremendous amount of manhours have been spent on this case. These owners are
partially responsible for the deterioration of this neighborhood.
Mr. Walker advised that on December 26, 1997, the City Attorney's Office sent a letter with
respect to a motion to foreclose on this property. The Bells were in the planning process for the
mini-Mart prior to the letter being sent. The property was leased to a tenant who was not
cooperative with the City. The Bells would like an opportunity to change this area. Mr. Walker--
advised that the Bells will own and operate the mini-Mart.
Mayor Taylor expressed concern about having outposts for utility payments because it would be
difficult to hold anyone responSible if the money is lost or stolen. A mini-Mart operated by the
owners of the property would be good for this area. However, Mayor Taylor is concemed about
the fact that the tenant has not vacated the premises.
Commissioner Jaskiewicz was concerned that the Commission was dealing with this issue
before the tenant was removed. The tenant may refuse to vacate. In addition, Commissioner
Jaskiewicz would like assurance that liquor will not be sold at this location.
Mr. Walker was unable to provide that assurance. He did not feel the sale of liquor was the
main issue. He agrees that loitering is a main issue.
Commissioner Tillman reminded Mr. Walker that the City wants thi:, property cleaned up. He
recommended that the Commission table this item until the tenant is removed from the
premises. At that time, Mr. Walker and the Bells can return to the Commission for consideration
of this item.
Mr. Walker and the Bells were in agreement with Commissioner Tillman's suggestion.
Commissioner Bradley requested ideas from staff with respect to legal assurances the City can
have that improvements on the site will occur.
Attorney Cherof explained that the release of the lien could be given to a third party (escrow
agent). After a fixed period of time, if there is compliance on the property, the escrow agent can
record the release. The property owner will be in control of his/her own fate.
21
ME:::i;\lG iillN
RE,i.!UR C:
BO'(~ITCN B
TES
COMMIS~DA I
Crt, FLORIDA
FEBRUARY 3, 1998
Co~~,issioner radley requested that all ideas be provided to the Commission.
Mo:icn
Commissioner illman moved to table the lien reduction with regard to the Bell property in Case
#96-;:;692. Co missioner Jaskiewicz seconded the motion.
In response to
violators have
take no further
ayor Taylor. Mr. Blasie advised that there is no accrual of the fine because the
mplied with the Code. In addition, Attorney Cherof advised that the City would
ction on the foreclosure while this item is pending.
The motion car ied 5-0.
Motion
Consider Code Compliance Board request for lien reduction to $826.18
for Alberta K. & Octavia C. Bell - 1213 NW 4th Street - Case #96-4218
Commissioner radley moved to table. Commissioner Jaskiewicz seconded the motion that
carried 5-0,
.-
Consider Code Compliance Board request to rescind lien in Case #96-
5709 - Jean Deroncelly and Francilia Deronvil - 2201 North Sea crest
Boulevard
Scott Blasie, Compliance Administrator, advised that this property is located at the
northwest corn r of Gateway Boulevard and Seacrest Boulevard. It was vacant and the owners
lost it to the ba k. An attorn'ey for Fanny Mae appeared at the Board meeting and presented
documents for review by the City Attomey's Office. Following review of the documentation.
Attorney Pawel k advised that our lien is unenforceable. We will keep the $200 application
fee for this pro ss. Mr. Blasie recommended that the lien be rescinded.
Motion
Commissioner Jaskiewicz moved to accept Mr. Blasie's recommendation. Commissioner
Tillman second d the moti",n.
Commissioner radley questioned whether the lien would have been enforceable if it had been
filed prior to th Lis Pendens. Attomey Cherof responded affirmatively. Mr. Blasie advised that
we file the lien as soon as possible.
XII. UNFINl HED BUSINESS:
A. pdate on Post Office Concerns
Commissioner askiewicz advised that she was elated about a previous conversation with the
Postmaster wh agreed that North Boynton Beach would be serviced with Boynton Beach zip
codes, Howe er. this dragged on and Commissioner Jaskiewicz followed up with several
letters. There ill be a meeting on Friday with several officials In the Department and a decision
22
EN
THIS A REEMENT (this "Agreement") dated as of this _ day of , 1998, is
made and entere into by and between HOWARD R. SCHARLIN, as Trustee ("Scharlin"), and
HOME DEPOT U.S.A. INC., a Delaware corporation ("HD").
PRELIMINARY STATEMENT
A. S arlin is the owner in fee of certain real property located at S.W. 8th Street and
Purple Heart Wa in the City of Boynton Beach, Palm Beach County, Florida, consisting of 6.157
acres more partic larly described on Exhibit"A" annexed hereto (the "Future Retail Parcel"). The
Future Retail Par el includes an approximate 20,000 square-foot area shown as the Future Retail
Area (hereinafter eferred to as the "Future Retail Area") on that certain site plan (the "Site Plan")
attached hereto a Exhibit B.
B. H is the owner in fee of certain real property comprising approximately ten (10)
acres (the "Depot arcel") located adjacent to the Future Retail Parcel. Existing improvements on
the HD Parcel i clude a building (the "Home Depot Store") containing approximately 102,000
square feet of gr und floor arca exclusive of mezzanine, a garden area and truck loading docks,
customer pickup d compactor facilities and related parking and site facilities in the areas indicated
on the Site Plan.
C. is also the owner in fee of certain real property consisting of approximately 8.459
acres (the "Exp Parcel'') located adjacent to the Future Retail Parcel on which HD intends to
develop and ope ate an approximately 88,000 square-foot Expo Design Center store (the "Expo
Store") and rclate parking facilities. The Expo Parcel and the Depot Parcel are herein collectively
referred to as the 'HD Parcel". The HD Parcel is more particularly described on Exhibit C annexed
hereto.
p. S harlin and HD are parties to that certain Reciprocal Easement and Operation
Agreement date February 12, 1990, as recorded in the Public Records of Palm Beach County,
Florida in Offici I Records Book 6378, Page 1953 on March 8, 1990, as amended by instrument
dated August 18 1993, recorded at Book 7850, Page 1577 on August 23,1993, aforesaid records
(the "REA").
E. S harlin and HD wish to enter into this agreement for the purpose of agreeing to
certain aspects to the further development of Scharlin's Parcel and the HD Parcel in the context
of the REA and otherwise. All capitalized terms not otherwise defined herein shall have the
meanings ascrib d thereto in the REA.
H:\REG\JB.n14585\02 S\AGMTREDE,Wl'D
03/18/1998 8:09pm
STATEMENT OF AGREEMENT
NOW, T EREFORE, in consideration of the mutual covenants and agreements hereinafter
set forth, and oth good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, S harlin and HD hereby grant, covenant and agree as follows:
1 . . HD and Scharlin hereby approve the revised Site Plan attached hereto
as Exhibit B (the 'Revised Site Plan"). All references to the "HD Parcel" in the REA shall mean
the property desc 'bed on Exhibit C hereto.
2. rai e In supplementation of the general
utility easements ranted pursuant to the REA, each ofHD and Scharlin hereby grants and
conveys to the ot er, for the benefit of the other's Parcel, a perpetual easement in, to, over, under
and across each her's Parcel for the purposes of installation, operation, use, maintenance, repair
and replacement f the existing underground stonn drainage line located therein and running off
the Scharlin Parc I into the right of way of Purple Heart Way.
3. i . HD and Scharlin acknowledge that there currently exists one pylon
sign at the inters clion of Woolbright Place and SW 8th Street rather than two pylon signs as
contemplated by he REA. HD and Scharlin agree as follows regarding such pylon sign:
HD and Scharlin agree to work together in good faith in an attempt to
ts and approvals as are necessary to modify the existing sign consistent with
the drawing atta ed hereto as Exhibit D. In such event, HD shall be entitled to the two sign
panels in the pos tions shown for the Home Depot and Expo sign panels on such drawing and
Scharlin shall be ntitled to allocate the remaining panels among tenants and occupants of
Scharlin's Parcel as he sees fit.
b, In the event that the pennits and approvals necessary to modify the
existing sign in t e manner contemplated in subparagraph 3(a) above are not obtained but HD
and Scharlin are ennitted by the City of Boynton Beach to continue to utilize the existing pylon
sign as depicted n Exhibit E hereto, then HD shall be entitled to the two sign panels in the
positions shown ereon for the Home Depot and Expo sign panels and Scharlin shall be entitled
to allocate the re aining panels among tenants and occupants ofScharlin's Parcel as he sees fit.
c. In the event that the pennits and approvals necessary to modify the
existing sign in e manner contemplated in subparagraph 3(a) above are not obtained and HD
and Scharlin are ot pennitted by the City of Boynton Beach to continue to utilize the existing
sign, HD shall h ve the right in the aggregate to no less than 160 square feet of space on
whatever pylon ign is devoted to the Center for the display of signs for the Home Depot Store
and the Expo St re and Scharlin shall be entitled to allocate the remaining panels among tenants
and occupants 0 Scharlin' s Parcel as he sees fit
2
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H:\REG\J8J\14S8S\02\ S\AGMTREDE. WPD
d. Scharlin shall reimburse HD for its proportionate share of the costs of
constructing, mo ifying, lighting, maintaining and repairing the pylon sign based on the ratio of
the area of his si panels to all sign panels on the pylon sign. Scharlin shall have reasonable
access to the HD Parcel for purposes of erecting, maintaining, repairing and/or replacing his sign
panels on the py n sign,
4.
be constructed 0
Easement" on th
Ea . No building or other similar structure or improvement shall
those portions ofthe Future Retail Parcel designated as the "No Build
Revised Site Plan.
5.
n
a. The maintenance of the landscaping in the medians located on S.W. 8th
Street adjacent t the Center shall be maintained and operated by the Woolbright Place Master
Association, Inc. pursuant to a separate agreement and shall therefore not be the subject of this
Agreement.
b. Each of Scharlin and HD shall maintain, at its sole cost, the landscaped
strips located in hose portions of the rights of way ofSW 8th Street and Purple Heart Way
adjacent to its P cel and in the adjacent landscaped buffers located on the its Parcel. Such
maintenance sha 1 be performed in accordance with the requirements of the City of Boynton
Beach.
6. L . Scharlin agrees that the Additional Outparcels located in front of the
Expo Parcel and depicted on the Revised Site Plan shall be lighted in a manner consistent with
the lighting ofth Expo Parcel such that thc lighting of the Additional Outparcels shall nol be
brighter or dim er than the lighting of the Expo Parcel.
7. In . In addition to the parking requirements established by the REA, no
building or olhe structure shall be pennitted on the HD Parcel or Scharlin's Parcel or the
Additional OUIp cels if such building or other structure would reduce the parking ratio within
any such Parcel r Additional Outparcels, as the case may be, to fewer than the number of
parking spaces a tually needed to meet the effective needs of the customers and invitees of such
Parcel or Additi nal Outparcels, as the case may be. The intent ofthis provision is to avoid the
need to use park ng spaces on any other Parcel for the operation of the business on the subject
Parcel or Additi na! Outparcels, as the case may be, In no event shall this provision detract from
or negate the gr t of parking easements pursuant to subsection 1.0!(b) of the REA.
8.
are amended as ollows:
ri
. The use restrictions established by the REA
H:\REG\J8J\1458S\01 S\AGMTREDE.WPD
3
OJ'l8J\CXl8 8;09pm
Notwithstanding the last sentence ofsubscction 3.01(0 ofthe REA, in no
event shall any ortion of Scharlin's Parcel be used as health spa, exercise facility or movie
theatre.
In addition to the restrictions set forth in subsection 3.01(g) ofthe REA,
no portion of S harlin's Parcel (other than any outparcels previously conveyed to third parties
unless otherwis already restricted by the REA) shall be used for a home design center or for the
sale of home se urity devices, lighting, appliances, tubs, sinks, mirrors, vanities, counter tops,
other compone ts of home improvements or floor coverings (including tile) except for the
incidental sale f such items (as hereinafter defined).
\
For purposes of subsection 8(b) above and section 3.01(g) of the REA, the
use of less than ,000 square feet for the sale of any restricted items in the aggregate on
Scharlin's Parc 1 shall constitute the "incidental sale" of such items and shall not be deemed to
constitute a vio ation hereof.
9. fD D. Subsection 3.01 G) ofthe REA is deleted
in its entirety. n the event HD has not used for a successive period of one year or longer
(exclusive of y period of renovation, remodeling or restoration) the HD Parcel for a home
improvement c nter or home improvement design center, the restrictions of subsection 3.01(g) of
the REA, as m dified above, shall be null and void.
II.
are amended
a ut n . The restrictions of section 3.02 of the REA,
follows, shall apply to the Additional Oulparcels:
The restrictions as to building height and maximum building floor area
specificd in se ion 3.02(a) are deleted as to the Additional Outparcels.
Access to the Additional Oulparcels shall be by no more than two (2) curb
cuts located in he "Pennissible Curb Cut Area" depicted on the Revised Site Plan.
v 10 R ail ar . The Owners acknowlcdge and agree
tends to develop the Future Retail Parccl for shopping center and related retail
uses with co on roadways and parking areas with the Center as indicated on the Revised Site
Plan. The foil wing provisions shall govern the development of the Future Retail Parcel:
a. Scharlin shall construct and develop the Future Retail Parcel as part of the
Center in acco dance with all the tenns and provisions of this Agreement, and the plans and
specifications approved by HD, and in a good and workmanlike manner reasonably designed
to minimize y interference with the HD Parcel. Any modifications, revisions or additions to
the plans and pecifieations for the Future Retail Parcel after HD approval shall require the prior
written appro 10fHD. All such work called for in the approved plans and specifications shall
be done at Sc lin's sole cost and expense in accordance with all requirements of law, including
SlAGMTl\EDE,wPD
4
03/1811998 8;09 pm
all rules, regulati ns, ordinances, statutes and guidelines promulgated by any applicable
governmental or uasi-governmerital authorities, agencies or organizations. Scharlin will apply
for and obtain, a its own expense, any and all necessary governmental approvals for the on and
off-sire improve ent work to the Future Retail Parcel, including without limitation, the building
permit for any 0 its improvements. Scharlin shall indemnifY, defend, hold and save HD and its
agents, servants, mployees, officers and directors harmless from any and all losses, damages,
liabilities costs 0 eKpenses arising or alleged to have arisen out of any intentionally tortious or
negligent act or mission of Scharlin, his agents, contractors, subcontractors, servants,
employees, licen ees or invitees in connection with any construction work to be performed by or '
at the direction 0 Scharlin.
\
b. In addition to any other limitations set forth in this Agreement, Stharlin
hereby covenant and agrees with HD that any building constructed on the Future Retail Parcel
shall be architec rally compatible with the EKpo Store, the height of such building (including all
roof top appara s and architectural embellishments) shall not exceed the height of the Expo
Store and such b ilding shall not protrude in front of the Expo Store (i.e., be located nearer S.W.
8th Street than t e Expo Store).
c Such improvements shall also comply with the following architectural and
construction req irements:
(i) The building finished floor or pavement of any building on the
Future R tail Parcel shall not be more than 18 inches below the finished floor of the
building onstructed on the Expo Parcel.
(ii) The loading dock serving any such building shall be constructed
such tha the footings and foundations of the Expo Store are not undermined or adversely
affected n any manner.
Scharlin and HD hereby grant to the other a non-exclusive right and
11, maintain, repair and replace canopies, roof flashing, roofs and other like
y insubstantial encroachments attached to the improvements to be constructed
on the Expo P el and the Future Retail Parcel; provided, however, that any such encroachment
(i) shall be subj ct to the prior written approval of the owner of the Parcel affected thereby
(which approva shall not be unreasonably withheld or delayed); (ii) shall not materially or
adversely inter e with the use and operation of visibility of the Parcel burdened thereby and
(iii) shall not r uire the removal or alteration of any building or other improvements located on
the Parcel burd ned thereby.
Subject to the following provisions of this subsection 12(e), HD and
Scharlin hereb specifically consent to the placement of buildings on the Future Retail Parcel and
the Expo Parce in the locations shown on the Site Plan:
5
63/1811998 1I:091'1ft
H:\REGV8J\14~85'Ol\
Retail Parcel an
be constructed
(hereinafter refe
common bound
Adjacent Buildi
Building unless
other buildings
hereinafter refe
Group shall be I
Building or the
requirements ap
installation of
(i) HD;md Scharlin agree that all buildings constructed on the Future
Expo Parcel shall comply with the following requirements: (i) no building shall
thin sixty (60) feet of any common boundary lines unless such building
ed to as the "Adjacent Building") shall be located immediately adjacent to the
line and is attached to the building, if any, on the adjacent Parcel; (ii) if an
g exists, then no building shall be located within sixty (60) feet of the Adjacent
uch building is attached to the Adjacent Building (the Adjacent Building and all
the Parcel that are attached to the Adjacent Building and to each other are
d to as the "Building Group") (iii) any building that is not part of the Building
cated at least sixty (60) feet from the Building Group; and (iv) the Adjacent
uilding Group, as the case may be, shall comply with the building code
Iicable to an "unlimited area" building, including, without limitation, the
approved sprinklcr system for fire protection.
(ii) In addition to the requirements set forth above, the parties hereto
agree that no bui ding shall be placed or constructed on the Parcels in a manner which will, based
on the then exist ng govenunental regulations, either preclude the construction of an "unlimited
area" building, cause an existing "unlimited area" building thereon to (i) no longer be in
confonnance wi applicable building code requirements; or (ii) require a change of "fire rating"
to comply with uch codes; or (iii) require the use of different building materials or other
alterations to th existing building to comply with such codes.
f. Scharlin hereby grants and conveys to HD, for the benefit of the Expo
Parcel, a perpet al access easement is, over and to the real property depicted on the Revised Site
Plan as the "Ac ess Easement Area" for the purpose of access to and from the Expo Parcel.
If Scharlin constructs improvements on the Future Retail Area after HD's
Parcel is open for business, Scharlin shall perfonn such construction so as not
to deprive HD 0 the use of any parking areas, driveways, entranceways. The location of any
haul roads shall be subject to HD's reasonable approval.
13. a . The required amount of liability
insurance requi d pursuant to section of the REA is increased from $1,000,000 to $3,000,000,
14.
amended to pro ide as follows:
. Article IX regarding notices is
A copy ofany otice to
Scharlin should be sent to:
clo Morton Group
902 Clint Moore Road, Suite 124
Boca Raton, Florida 33487
Altn: Michael Morton
11:'k.EG\JBI\14.sBM2\ S\AGMTREDE,WPD
6
03/18119988:09pm
James B. Jordan
Sutherland, Asbill and Brennan LLP
999 Peachtree Street, NE
Atlanta, Georgia 30309-3996
A copy 0 f any n tice to
HD should be se t to:
15. T r . t ti . The following documents and instruments
are subsumed h reby, are hereby terminated and thus shall have no further force nor effect: (i)
Undisturbed Are Easement Agreement between Scharlin and HD dated February, 1990, recorded
in O.R. Book 6 78, Page 1948, as amended by Amendment to Undisturbed Area Easement
Agreement dated August 18, 1993 recorded in O.R. Book 7850, Page 1583, public records of Palm
Beach County, lorida; and (ii) Declaration of Restrictive Covenants by Scharlin dated as of
"
February, 1990, corded in O.R. Book 6378, Page 1989, as amended by Amendment to Declaration
Restrictive Cov nants dated as of August 18, 1993 recorded in O.R. Book 7850, Page 1574,
aforesaid record .
16. In . The undersigned Owners, being the owners of the real property
which comprise the Center, which entire property is legally described on the attached Exhibit F,
declare that this ocument shall bind in perpetuity (to the extent permitted by applicable law) all
heirs, assigns, s ccessors and future owners of the Center, to' develop, operate and maintain said
Center under uni ed control, in compliance with the City of Boynton Beach Code of Ordinances and
in compliance w' conditions of approval for all "Development Orders" or "Development Permits"
issued for the C nter, without recourse to the City of Boynton Beach or any other public agency.
Exhibit F attach d hereto contains a legal description of the entire Center, which legal description
has been certifie by the surveyor of the Center and indicates the total number of acres ofthe Center.
17. P v" f . To the extent not othelWise inconsistent herewith, the provisions
of the REA shal apply hereto. Without limiting the generality of the foregoing, either party shall
be entitled to av '1 itself of the self-help provisions of section 6.01 of the REA in the event the other
party defaults h eunder.
f 18. . The terms of section 11.01 granting Scharlin a
repurchase right in certain circumstances are hereby deleted.
19.
( ) If any provision of this Agreement, or portion thereof, or the application
thereof to any erson or circumstances, shall, to any extent be held invalid, inoperative or
unenforceable, he remainder of this Agreement, or the application of such provision or portion
thereof to any ot er persons or circumstances, shall not be affected thereby; it shall not be deemed
that any such in alid provision affects the consideration for this Agreement; and each provision of
this Agreement hall be valid and enforceable to the fullest extent permitted by law.
7
03/18/1998 8,09 pffi
H:\RE(,"\JBJ\14S8~\Ol S\^GMTREDE,WPD
of Florida.
) This Agreement shall be construed in accordance with the laws of the State
c) The Article headings in this Agreement are for convenience only, shall in no
way define or imit the scope or content of this Agreement, and shall not be considered in any
construction or interpretation of this Agreement or any part hereof.
d) Nothing in this Agreement shall be construed to make the parties hereto
partners or join venturers or render any of said parties liable for the debts or obligations of the other
parties.
e) This Agreement shall run with the land and shall be binding upon and inure
to the benefit 0 the successors and assigns of the parties hereto.
declaration in
successors or
during the te
holders of the
liability of the
In the event of
party shall 100
f) This Agreement may be amended, modified, or terminated at any time by a
. ting, executed and acknowledged by all the parties to this Agreement, or their
signs. This Agreement shall not be otherwise amended, modified or terminated
hereof.
g) The term "parties" as used in this Agreement shall mean the fee simple title
arcels. It is specifically understood and agreed that there shall be no personal
artics in respect 10 any of the covenants, conditions or provisions of the Agreement.
breach or default by a party of any of its obligations under this Agreement, the olher
solely to the equity of the party in its Parcel for the satisfaction of its remedies.
8
H;\REO\JDJ\14585\02 S\AGMTI\.EDE,Wl'D
OJ/1811998 11:09 pm
IN WIT ESS WHEREOF, the parties hereto have caused their duly authorized
representatives t execute this Agieement under seal as of the day and year first above written.
SCHARLIN:
Witness
(SEAL)
Howard R. Scharlin, Trustee, Individually, and as
Trustee WIder agreement dated December I I, [986
"
Witness
ill!:
HOME DEPOT U.S.A.. INC.
Witness
By:
Name:
Title:
Witness
STATE OF FL
COUNTY OF
oing instrument was acknowledged before me this
R. SCHARLIN, Trustee.
day of
Notary Public
My Commission Expires:
H:\REGVBJ\t4S8S\02\ S\AGMTREDE.WPD
9
03/18/19988:09pn;
STATE OF GE RGIA
COUNTY OF
The fore oing instrument was acknowledged before me this _ day of
1998, by of HOME DEPOT U.S.A., INC., a Delaware
corporation, on ehalf of the corporation.
Notary Public
My Commission Expires:
/
H;\REGVBJ\14S8S\02 S\AGMTREDE,WPU
10
03/18119988:09pm
EXHIBIT A- I
EXHIBIT A-2
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
'1:\REG\1llJ'.1458S\02\ S\AGMTREDE,WPD
LIST OF EXHIBITS:
Legal description of Scharlin Parcel
Legal description of Future Retail Area
Site Plan (marked to show Future Retail Area,
Food Court Parcel, Auto Parcel, Westwind Parcel,
Additional Outparcels, Permitted Building Area,
curb CUI locations, No Build Easement)
Legal description of the HD Parcel
Drawing of Modified Pylon Sign
Drawing of Exisling Pylon Sign
Legal Description of Center
II
03/18(1998 3:091Jfu
1M!
CAU FIELD & WHEELER,INC.
Consulti g Engineers. Pianners . Surveyors
7301A est Palmetto Park Road. Suite 100A
Boca Ra n, Fiorida 33433 (561) 392-1991
LETTER OF TRANSMITTAL
TO
PLANNING
CITY OF BOYNTON
EACH
DATE
March 23, 1998
ATTENTION:
TAMBRI HEYDEN
JOB#
3377
RE:
EXPO DESIGN CENTER
WE ARE SENDING OU
..[ ttached
D Shop Drawings D rints
D Copy of letter D hange order
COPIES DATE
3 ISSUED
3-23-98
D Under separate cover via
D Plans
D Samples
the fallowing items:
D Specifications
NO DESCRIPTION
X RECTIFIED MASTER PLAN PER
COMMENTS
THESE ARE TRANS ITTED as checked below:
D D Approved as submitted
D Approved as noted
D Returned for corrections
D Resubmit_copies for approval
D Submit_copies for distribution
D Return_corrected prints
D For your us
D As requeste
..[ For review & comment D
D FOR BIDS D E_ D PRINTS RETURNED AFTER I.OAN TO US
REMARKS
SIGNED
COPY TO_- SUSAN PRIL AMAN
STEVEN E, TATE, RLA
MINUTES
PLANNING AN DEVELOPMENT BOARD MEETING
BOYNTON BE CH, FLORIDA
JANUARY 27,1998
B.
M ster Plan Modification
Location:
Shoppes of Woolbright Planned
Commercial District (PCD)
Susan Prillaman
Howard Scharlin, Trustee
c/o Michael Morton
East and west sides of S.W. 8th Street, north of
Woolbright Road
Request for modification of the previously
approved master plan to move the north
property line between Home Depot and the
undeveloped property to the north 40 feet north
and to subdivide the undeveloped property and
vested square footage into a 3.99 acre parcel
with 49,106 square feet of retail and a 10.626
acre with 108,004 square feet of retail. (If item
8.2 approved, proceed to item C.2.)
2.
Project:
Agent:
Owner:
Description:
John Shern, R al Estate Manager for the Expo Division of the Home Depot in Atlanta
Georgia, referr d to comment 3 and did not believe platting is required because after
the purchase a d redistribution of the property, the resultant properties will only result in
two parcels. H displayed a drawing of the overall master plan to clarify this point.
Ms. Heyden sti I felt platting is required. Mr. Myott asked if it is a plat or a replat. Ms.
Heyden advise that it is a replat.
Mr. Shern reit rated that if the property resultant is two parcels or less, platting is
generally waiv d or required to be waived. He stated that platting would be a severe
time imposition on the ability to go forward with this development.
It was Mr. Ka arlak's understanding that this particular review was to be conducted
from the very eginning under the PCD rules and regulations and review procedures.
This was made very clear to the owners and potential users because if it was not a PCD
and was some hing else, like a subdivision, there would have been a different type of
review. In the ture, if there is a change from PCD to some other form of development,
7
MINUTES
PLANNING AN DEVELOPMENT BOARD MEETING
BOYNTON BE CH, FLORIDA
JANUARY 27,1998
the review in fr nt of the board this evening would not be valid and another review
would have to b done at that time.
Mr. Shern advi ed that this PCD is not being subdivided. He referred to the overall
master plan tha he displayed and stated that if the yellow portion is further subdivided
and the result i three or more parcels, then it would have to be replatted. However, at
the present tim there are only two parcels.
Mr. Kastarlak st ted that if the area designated yellow is subdivided in the future, it will
no longer be a CD. The area designated yellow will be extracted from the PCD and
the PCD will n longer exist. This applicant will have two lots separated by the area
designated yell w. He reiterated that whatever we do should be for the whole PCD.
The area desig ated yellow is not owned by Home Depot.
Mr. Shern did n t know if this applicant can be held accountable for what might happen
or not happen i the future. He stated that the applicant is entering into a transaction
that will take a iece of property owned by one owner and create two parcels out of it.
He believes thi is consistent and conforms to the policies and regulations of the City.
He did not belie e that those policies or regulations require platting in this circumstance.
What may hap n in the future to the applicant's parcel or the remaining parcel would
have to come b ck to staff and the City for the appropriate determination of action. He
did not believe t at this particular action at this particular time triggers that requirement.
Mr. Rosenstock was concemed about what would happen if this site plan is approved
this evening an the corporate owner of this property comes back again. He wondered
if we are forecl sed from taking any action on the parcel designated in yellow in the
futu re.
Mr. Shem poin ed out that whatever happens to that property in the future has to
conform to the les and regulations of the City. He stated that there was a suggestion
that this applic nt buy the rest of the property. Mr. Kastarlak commented that that
would be wond rful. Mr. Shern found that outrageous. He stated that he wants to buy
a piece of prop rty in Boynton Beach to conduct his busfness and knows exactly what
he needs to co duct his business. He objected to buying more property and planning
somebody else' piece of property. He has prepared his master plan consistent with his
building and co sistent with the business he intends to conduct there. He did not know
why they were ade to suffer the additional time necessary to go through the replatting
process when i does not seem to be consistent with any of the rules or policies of the
8
MINUTES
PLANNING AN DEVELOPMENT BOARD MEE'TING
BOYNTON BEA H, FLORIDA
JANUARY 27,1998
City of Boynton each. He is trying to open a business by a date certain in October
1998.
Mr. Myott aske why this would affect the PCD designation and if PCDs can be
adjacent to each other. Mr. Kastarlak advised that this property can be tumed into two
PCDs. Howeve they would have to operate on their own independent criteria.
Attorney Pawelc yk would like to look into the replatting issue further.
Mike Cavelli, a ertified Planner with Caulfield and Wheeler, stated that the PCD is a
zoning designat n of the property. When you go through the PCD process, you
establish variou criteria by which you are going to evaluate this site in terms of
setbacks, parki g, and all the development standards. You get some buffering
requirements th t under conventional zoning you normally would not have. You custom
build an ordinan e for a particular piece of property in a particular area that gives you
some latitude in terms of how that property is developed if it does not quite fit into a
conventional zo ing type situation.
The subdivision regulations deal with platting, not the PCD. The PCD is merely a
development to by which you establish criteria to do a review. If that piece of property
needs to be pia ed, then you follow the platting regulations in terms of what has to be
on that docume t, how that document is prepared and presented, and what is reviewed.
The only thing ou are going to affect in the PCD by doing a plat is if there are any
minimum lot siz requirements, access requirements, specific drainage requirements, or
any other requir ments that are part of the regulation of the zoning. The plat is merely a
recordation of a raphic representation of a legal description.
If somebody wa ts to develop only a section of the yellow area, they would have to
replat showing t e number of parcels that are created in the yellow area. This does not
affect whether is reviewed under a conventional zoning or a PCD zoning. No
application is fil to change the zoning. The issue of not knowing what is going to take
place there doe not have any bearing on the PCD. Under the definition of subdivision
regulations, if it eeds a plat, it is reviewed in terms of the State Statute requirements
and the City Co e requirements in terms of the information that has to be on that plat.
That does not c ange the zoning. You still have the latitude to review that under the
standards ofthe PCD.
Mr. Kastarlak sated that it is not so much a question of knowing what is going to
happen in the ture. He pointed out that if there are separate guidelines for each one
9
MINUTES
PLANNIN AND DEVELOPMENT BOARD MEETING
BOYNTO BEACH, FLORIDA
JANUARY 27,1998
of the par els, there is no PCD. He was trying to preserve the unity of this entire
complex a one PCD.
Attorney welczyk questioned if each parcel is reviewed under the PCD guidelines
and has t conform to those guidelines and if staff reviews those guidelines to assure
that they a e in conformance with the zoning requirements. Mr. Kastarlak said they all
have to be under the one guideline established for this PCD.
Mr. Morto , one of the owners under the Howard Scharlin Trustee Agreement, gave a
brief histo of the platting of this property. Mr. Kastarlak stated that platting is not the
issue. If t e master plan is going to be changed every time a parcel comes into play, it
loses its m aning. The PCD is based on the master plan. The two of them go together.
If the mas r plan is modified every time someone comes in, then the rules of the PCD
are also bing modified.
Mr. Shern as in favor of the City Attorney's Office reviewing the necessity of replatting
under the e circumstances. If there is an obligation to replat, he agreed to do so.
However, e did not want to be required to replat purely because he is asking for a
master pia modification.
Chairman ische opened the public hearing; however, no one in the audience wished
to address this item.
Motion
Mr. Dube moved to approve the request for modification of the previously approved
master pia to move the north property line between Home Depot and the undeveloped
property t the north 40 feet north and to subdivide the undeveloped property and
vested sq are footage into a 3.99 acre parcel with 4r, 1 06 square feet of retail and a
10.626 ac e with 108,004 square feet of retail, subject to staff comments and subject to
review of he necessity for comment 3 by the City Attorney's Office and staff. Vice
Chairman eed seconded the motion, which carried unanimously.
C. Site Plans
New Site Plan
2.
Shoppes of Woolbright - Home Depot Expo
Design Center
Project:
10
MINUTES
PLANNING AN DEVELOPMENT BOARD MEETING
BOYNTON BEA H, FLORIDA
JANUARY 27,1998
Agent:
Owner:
Description:
Susan Prillaman
Howard Scharlin, Trustee
c/o Michael Morton
Southwest corner of unimproved Purple Heart
Way and the CSX railroad.
Request to construct 108,004 square feet of
retail space on 10.626 acres within the
Shoppes of Woolbright PCD.
Location:
Mr. Shern state that staff has been very helpful, cooperative, and responsive. With
regard to comm nt 16, he stated that the agreements between Mr. Morton and the City
are silent on the issue of the streetlights. It is his understanding that streetlights are
under a master reement with FPL and are not the responsibility of the developer.
Ms. Heyden did not verify whether or not the agreement referred to in comment 16
addresses stre lights. However, whenever a street extension is required, the
streetlights are r quired to be put in. The developer makes those arrangements, FPL
puts in the Iigh , and the City then pays for the energy and maintaining them in
perpetuity.
Mr. Shern addre sed comments 20 and 27 and stated that he attempted to include a
sign package w ich is a compromise from the agreement between Mr. Morton and the
City. The curre t situation allows for two signs to exist. He suggested eliminating one
of the signs and aving a sign of the proportions noted in item 20. This sign would carry
all of the major nants of the PCD and there would be no requirement for the second
sign currently all wed.
Chairman Wisch inquired about the size of the proposed sign. Mr. Shem advised that
the existing sign is about 8'7" wide and 30' tall. The proposed sign is 10' wide and 30'
tall. The existi sign is about 160' from the pavement. He found that there is no
proportional adj tment for distance from the road for signage. In the agreement, there
is an additional ign that falls into this location. This eliminates the allowance for this
additional sign d incorporates the Home Depot, the Expo, and the major tenants of
the PCD onto a monument sign 30' tall and 10' wide. With its base, the calculation
comes to 270' 0 signage. The alternative is to keep the existing sign, which is about
the same size, nd add the additional sign elements to the second sign. However, he
found this archit cturally distracting. The purpose of the sign is to eliminate confusion
for people on thi road before they have to make a decision. He wanted to combine all
11
MINUTES
PLANNIN AND DEVELOPMENT BOARD MEETING
BOYNTO BEACH, FLORIDA
JANUARY 27,1998
the inform tion one would need to one location on a sign that is readable from the
street.
Mr. Shern equested permission to use the Expo national logo letter colors on the sign.
Of the fou letters in the word, "Expo", two of the colors probably conform and two of
them prob bly do not. Expo is a unit of Home Depot that is about to be rolled out
nationally the tune of 200 stores. Boynton Beach has been selected for the third of
the true ototypes. This will be the subject of national advertising and national
exposure. It is very critical that the applicant be able to combine the advertising with the
signage a d the store displays to provide for consistency.
Mr. Myott ointed out that the other three tenants could request that the colors of their
logo signs be allowed also. Mr. Shern stated that they would have to go through the
process a d be reviewed.
Mr. Rosen tock questioned staff about the size of the sign. Ms. Heyden advised that
that existi g sign is nonconforming. It falls under the amortization clause and would
have to be replaced in 1999. The sign would have to conform to a 10 foot setback, 160
square fe in size, and no taller than 20 feet.
Mr. Rosen tock felt the only reason the applicant wants the sign to be 10' x 30' is for
advertisin purposes. Mr. Shern pointed out that the sign has to be read from over 160
feet, or 5 yards from the traveling surface. Mr. Shern was willing to put in the two
signs inst ad: however, he did not think that would be in the best interest of what the
City is try ng to accomplish. He was offering an alternative which amounts to less
square fo age and less signage.
Attomey awelczyk advised that the applicant would have to apply for a sign variance.
In additio , in general, settlement agreements must be amended by the Court. Mr.
Shern wit drew his objection to comment 20.
Mr. Shern referred to comment 24 and pointed out that this property is under easement
to the Flo ida Department of Transportation and he did not know if he had the right to
modify th vegetation on their easement. He expressed the same concern with
comment 5.
Mr. Rose stock was disappointed with the way Home Depot has landscaped its
property. He suggested that the corporate officers or the people responsible look upon
12
MINUTES
PLANNING AN DEVELOPMENT BOARD MEETING
BOYNTON BE CH, FLORIDA
JANUARY 27,1998
their communit responsibility regarding landscaping and see what they can do to
improve it.
Ms. Heyden a vised that Royal blue was contained in the original sign program.
Nothing else in hat center is Royal blue, so we are going to lose one color.
She advised th t we have been having some difficulty with Home Depot in getting them
to maintain thei landscaping in the rear of their building. The City Forester has worked
on getting Ho e Depot to comply with their section of the buffer; therefore, this
applicant shoul not have any problems meeting comments 24 and 25. Mr. Shem
reiterated that h was not sure he had the right to do this. As long as he is able to do it,
he will.
Mr. Myott refer ed to comment 27 and asked if the approved sign program could be
amended to in lude violet, pea-green, and two other colors that may not have been
used to date. e felt the Expo logo and the elevations of the building were attractive.
Ms. Heyden ad ised that Royal blue is the only color that is not currently being used.
She just wante to bring to the board's attention that additional colors are being added.
There are now 2 colors. Mr. Morton advised that Royal blue will no longer be a color in
the program.
Discussion ens ed regarding the size of signs. Ms. Heyden and Attorney Pawelczyk
explained that all nonconforming signs have to comply by December 31, 1999.
Therefore, any ign larger than 160 square feet will have to be taken down.
Mr. DuM referr d to comment 28 regarding roof top equipment and commented that the
Home Depot ro ftop can be seen from 1-95 and Woolbright Road and it is a mess.
Chairman Wisc e opened the public hearing; however, no one in the audience wished
to address this' em.
Motion
Mr. Myott mov d to approve the new site plan for the Home Depot Expo Center as
submitted, sub ct to staff comments in the supplemental handout at the meeting
tonight. Vice C airman Reed seconded the motion.
Ms. Heyden as ed if the Board wanted to delete comment 27 and allow the green and
violet colors. r. Myott added the following to the motion: That we include the green
13
MINUTES
PLANNIN AND DEVELOPMENT BOARD MEETING
BOYNTO BEACH, FLORIDA
JANUARY 27,1998
and violet s submitted on the sign drawings to be included in the sign criteria for the
developm nt. He withdrew comment 27 in the handout. Vice Chairman Reed agreed
to the cha ge to the motion.
The motio carried unanimously.
8. OT ER
None.
9. CO MENTS BY MEMBERS
None.
10. AD OURNMENT
There bei g no further business to come before the board, Mr. Rosenstock moved to
adjourn t e meeting at 8:43 p.m. Ms. Frazier seconded the motion, which carried
unanimou Iy.
I
-y
<:
G",.~ _
Eve Euba ks
Recordin Secretary
(Two Tap s)
14
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
B lent 1. Kastar/ak, NCARB
rector
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
March 10, 1998
Ms. Susan Prilla an
Greenberg-Farro ,Inc.
1755 The Exchan e
Atlanta, Georgia 0339
Re: Outstanding onditions of Approval
Shoppes of oolbright PCD
MPMD 97-0 7 - Rectified Master Plan
Attached are con itions of your master plan approval that remain outstanding after review of
your latest maste plan drawings. Please recall that a building permit cannot be issued until a
rectified master p an has been achieved. If further assistance is needed, please contact my office.
Sincerely,
,~
,. - ;, / '
, (< /'; 7 ,",,'
..1: "-"f I "'-'.L.-/,;"/\...i.:t........
_ ::::-:/__ '-?'7t- .... -. / ~ ~> ~
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Tambri 1. Heyde ,AICP
Planning and Zo ing Director
TJH:dim
Attachment
Xc: Central File
\\CH\MAIN\SHRDAT A\PLANN G\SHARED\WP\PROJECTS\SHPSWQOLIOUTSTANDING COFA.MPMD.DOC
America's Gateway to the Gulfstream
100 East Boynton Beae 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 \ 7-007
DEPARTMENTS ADDRESSED NOT
ADDRESSED
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
1. Provide a cor v of the agreements allowing stormwater from this X
parcel to be treated on the P.U.D. property. The off-site
storm water n tention pond is expected to be maintained by the
P.U,D" when as this project is in the P.C.D.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DI\ ISION
Comments:
2. Master plan eeds to be signed and sealed and dated by design X
professional.
3. Due to the p oposed subdivision of the property north of Home Deleted
Depot and re ocation of the property line between Home Depot
and the subje t property, platting is required.
4. Show on ma ter plan a 4 foot sidewalk abutting the "Future Deleted
Retail" and EXPO Design Center", Provide accessibility to
commercial I uildings with sidewalk on the south side of Purple
Heart Way,
BUILDING DIVISIC N
Comments:
5. Add to the pr posed 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, ith the accessibility code. Also, add to the required
parking calc lations the computations that would determine the
minimum nu ber of required accessible parking spaces including
identifying t e number provided for the improvements proposed
, n ,- ~_._--- ----
-
Page 3
Shoppes of Woolbright P D - EXPO
File No,: MPMD 97-007
DEPARTMENTS ADDRESSED NOT
ADDRESSED
ADDITIONAL PLA lNING AND DEVELOPMENT BOARD
CONDITIONS
13. Comment Nc. 3 to be reviewed by the city attorney and staff X
prior to the ( ommission meeting to determine whether the
proposed ow ership of the requested parcels and buildings alter
existing unif ed control agreements and the plat of the property.
ADDITIONAL CIl! COMMISSION CONDITIONS
16. Reword com ent #3 to read "Since the proposed reconfiguration X
of the proper v north of Home Deport will combine the Expo
Design Cent( building and a portion of the parking area with the
existing Holt Deport property and will create only one new
parcel enCOlT assing the remaining property fronting S.W. 8th
Street, the 20 000 square foot future retail building attached to
the Expo De! . gn Center and a portion ofthe parking area,
replatting is ' ot required. However, provide a revised copy of
the reciproca access and easement agreement and the unified
control agree nent to include the Expo Design Center for review
by Planning nd Zoning and Legal staff."
17. Delete comm nt#4. X
18, Reword com llent #7 to read "The required 25 foot landscape X
buffer along he northern property line shall be included entirely
within the P( D boundaries and not encroaching into the public
right-of-way Correct location of buffer accordingly. Pending
settlement re is ions will waive this code requirement.
20. Reword com "ent #8 to read "Submit a recordable landscape X
buffer maint nance agreement to provide for maintenance, by
someone oth r than the city, of the portion ofthe greenbelt
proposed wi in the Purple Heart public right-of-way."
TJH:dim
\\CH\MAIN\SHROATA\PLANNING\SH RED\INP\PROJECTS\SHPSWOOL\EXPO\OUTSTANDlNG COND, OF APPROVAl-MPMD,DOC\
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March 20, 1998
ll1De1 ~ e
losiu ~ Ooreu
3099 8th . Blvd., Suite 200
Ft. Laude:ro.Je, ::13308
Rc: Woolbright CD-JIlduslrialkce3sRoad
Dear Fmr
CoufUmiDg our CO
inues IIJI%OWIdiDg
~lli~,totbo
the iDdustria1
iIlduSIria1lCl:CSl1
Ii=, my c:Iieat will
IIld tbal sum of
wJ= a raikoad
project. It mch
pubJil: purpclISC.
As you d.iIKteCI,
We belicYe this is
. of~ aftemoon. and in an eIfort to resolve the tirDizlg aod mcil1ary
CClIISt1UCtiosI of the iDdustrial a=u road, we wou1cllikB to 0" the roUowillg
DfBoymaI1Bwdl. Home Depot Elqlo Desiga Center ("Homo Expo")",it1 COII3ttUct
road aI refle=d OIl their ~ site plan. For tbU rcmaiDill8 ponion ot the
ii'om tbt termiaus oftbe rO&cl as sbowD by the Heme Expo site pJm co the property
. a .....li&.d l:OSl .aliu..de ft'om r<p'H'Lold &; WbeeIer, Home Expo's project engineer,
wiI1 be givea to the City for the euu..l&....1ion of the ~ oC1he road. If and
jJ _1PJUIMd ill that 1ocati0ll, tba JiJuds can be used 1br the COIIIpletion of the
is l10t foIthcomiD& the City may utWe such fimds tor my other app1Clpriatc
diaI1 will daJ dim:dy with Pea: MlIZZIlIIA 011 the approval of the certified estimate,
most pm:tical approach to teSo1vi11g tbialollg-standing iJsue.
J1\~
C'''&'''Y s. KiDo
GSIUag
27564
c:c: Pete
Michael
,4"';""'" to Utilities Director (37S.oZ9S)
nOD (561/241-0646)
DEPARTMENTOFDRVELOPMENT
Division of Planning and Zoning
ulent I. Kastarlak, NCARB
irector
Building
Planning &: Zo,'1.ing
Engineering
Occupational License
Community Redevelopment
April 2, 1998
Ms. Susan Prill
Greenberg-Farro
1755 The Exch
Atlanta, Georgia
Dear Susan Prill
Re: Shoppes fWoolbright PCD - File No. MPMD 97-007
(Master P an Modification)
As the applicant r the above-referenced project, enclosed is your rectified copy of the master
plan approved by the City Commission on February 3, 1998. This is being sent to you for your
files as it has bee rectified to address staff comments and accurately represents the approved
master plan for S oppes of Woolbright PCD - Home Depot Expo Design Center.
Sincerely,
C; }/ n .
/..~~} ~/~
Tambri J. Heyde , AICP
Planning and Zo ing Director
Attachment
TJH:bme
s:\share\projects\Shpswo l\Expo\trnsappl.wpd
America's Gateway to the Gulfstream
100 East Boynton Beac Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-100
TO:
FROM:
Don Johnson
Building Division
Tambri J. Heyden, AICP 19..Jl
Planning and Zoning Director
DATE:
April 2, 1998
SUBJECT:
Shoppes of Woolbright PCD - Home Depot Expo Design Center
Accompanying t is memorandum you will find documents for your departmental records
regarding the m ster plan that has received final sign-off.
PROJECT NAM :
SHOPPES OF WOOLBRIGHT PCD -
Home Depot Expo Design Center
Type of plication: MASTER PLAN MODIFICATION
Planning nd Zoning
File No,: MPMD 97-007
Control Pans
(Rectified Master Plan): 1 Sheet of 1
City Com ission Approval: 2-3-98 Meeting Minutes and Conditions of Approval
T JH:bme
Attachments
S:\$HARE\PROJECTS\SH WOOL\EXPQ\MPMD\TrsmtPln
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-094
TO:
Bul nt 1. Kastarlak, NCARB
De elopment Director
DATE:
bri J. Heyden, AICP I~
ning and Zoning Director
FROM:
ch 27, 1998
SUBJECT:
Ho e Depot Expo Design - rectified master plan.
The Legal Depart ent has informed me that they sent you the replacement document for the
reciprocal access greement regarding the above referenced. The original document was
requested by PI . ng and Zoning as a condition of master plan modification approval.
Therefore, please end me a copy of the replacement document to review in connection with the
Home Depot Exp Design permit.
TJH:dim
J:\SHRDATA\PLANNING\S D\WP\PROJECTS\SHPSWOOL\EXPO\ACCESS AGREEMENT.MEMO.DOC
PLANNING AND
ZONING DEPT.
Mr. Jerzy Lewick, Acting Sr. Planner/Project Manager
City of Boynton each
Planning Depart ent
100 East Boynton Beach Blvd.
Boynton Beach, 33425
Dear Jerzy:
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ARC HI! E c: T U f< F
E N (; I N E ~ KIN t;
l'lANNINL
Re: Shoppes 0 Woolbright PCD--Master Plan Modification
As you know, Th Home Depot wishes to build its new EXPO Design Center in Boynton Beach,
Florida. To this e d, the enclosed submittal modifies the master plan for the undeveloped 14.6 acres
at the Shoppes of Woolbright.
The proposed m ter plan modification places 108,004 retail s.f. (88,004 s.f. EXPO Design Center
and 20,000 s.f. r ail) in line with the existing Home Depot store at Woolbright Road and S.W. 8
Street. To comple e the development, a 3.79 acre "outparcel" between S.W. 8 Street and the Design
Center contains a otal of 49, 1 06 s.f. for future retail development. This modification is consistent
with the 313,89 s.f. previously approved and vested for traffic concurrency (MTP Group, Inc.
statement attach d). This site is partially developed and utilities are stubbed out to the property.
Soils testing indi ates that soil conditions are suitable to support the proposed development.
The enclosed su ey shows a number of slash pines remaining on this site. Kevin Hallahan has
asked that these rees be mitigated by the creation of additional scrub jay habitat along the east
property line. T is new area is shown on the landscape plans included in the site plan submittal.
Please call me at 770) 303-1033 if you have any questions or need any additional information.
Sincerely,
GREENBERG FAR oW ARCHITECTURE, INC.
~
~
Susan E. Prillam n
Site Developme t Coordinator
wp
encl. ,
c: Mike M rton
John Sh
1755 THE EXCHANGE" ATLANTA. GfORGJ:A -J033y. TEL 770 JOJ 1011. fAX 770 J01,2J33
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CAULFIELD & WH ELER, INC.
Consulting Engineers. PI nners. Surveyors
Via Facsimile 561 738-7459
Mr. Pete Mazzella
City of Boynton Bach
Utility Departmen
P.O. Box 310
Boynton Beach, F 33435
Subject:
Bo nton Expo Center
Wo Ibright Place P.D.D.
B on Beach FL
Dear Mr. Mazzell
January 14, 1998
This is to c nfirm that the Stormwater Management System for the proposed Boynton
Beach Expo Cente is being designed in compliance with the South Florida Water Management
District permit req irement (Permit No. 50-02I46-S) and the requirements of the City of
Boynton Beach.
JFW:rw
7301-A West Palmetto Pa Road. Suite iDQA
Boca Raton, Florida 3343
561' 392-1991
Fax: 561' 750-1452
/
F Wheeler, P.E.
Re 'st edEngineerNo.25478
Sta 6f Florida
Engineering # EB-0003591
Surveying # LB-Q003591
Landscape Architecture # LC-QQ00318
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-051
i
i' ,/
../ J_''''
.... ~
La ry Roberts, Public Works Director 3,,'
Do Johnson, Building Division
St ve Gale, Fire Marshal
Of . Robert Riggle, Police Department
Jo n Wildner, Parks Superintendent
Ke in Hallahan, Forester/Environmentalist
CI de "Skip" Milor, Utilities Chief Field Insp.J"c
Se astian Puda, Engineering Division v
,('
'JV
TO:
FROM:
Ta bri J. Heyden, AICP
PI nning and Zoning Director
DATE:
Fe ruary 13, 1998
SUBJECT: Sh ppes of Woolbright (Design Expo) - Master Plan Modification - MODIFIED
(sign-off)
Fil # MPMD 97-007
The amended ma ter plan for the Shoppes of Woolbright - Design Expo has been submitted for
final sign-off by t e Technical Review Committee. Three (3) sets of plans, each requiring your
unconditional sig ature, are available for review in Planning and Zoning. A copy of the originally
reviewed plans, s aff comments and City Commission approval of the Master Plan Modification
will be available f r your use to perform the review.
Please review an sign-off each of the three (3) sets of plans, NO LATER THAN 5:00 P.M.,
FEBRUARY 20, 998. If the plans are not in compliance with your staff comments or City
regulations, sign e plans "subject to memo", To facilitate the sign-off process, please resubmit
written comments addressed to the Planning and Zoning Director, NO LATER THAN 5:00 P.M.,
FEBRUARY 20, 998.
Thank you for yo r prompt response to this request.
T JH:bme
cc: Bulent Ka tarlak, Director of Development
William Bi gham, Fire Chief
Marshall age, Police Chief
John Gui ry, Utilities Director
Tambri J. eyden, Planning & Zoning Director
Pete Ma ella, Assistant to Utilities Director
Central Fi e
s:\projects\shpswool\recms pl\mpmd 97-007
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-051
Lar Roberts, Public Works Director
Don Johnson, Building Division
Ste e Gale, Fire Marshal
Ofc. Robert Riggle, Police Department
Joh Wildner, Parks Superintendent
Kevi Hailahan, Forester/Environmentalist
Cly "Skip" Milor, Utilities Chief Field Insp.
Seb stian Puda, Engineering Division
v!
Ta bri J. Heyden, AICP
Pia ning and Zoning Direc or
TO:
FROM:
DATE:
Feb uary 11, 1998
SUBJECT: Sho pes of Woolbright (Design Expo) - Master Plan Modification
(sign-off)
File MPMD 97-007
The amended mas er plan for the Shoppes of Woolbright - Design Expo has been submitted for
final sign-off by th Technical Review Committee. Three (3) sets of plans, each requiring your
unconditional sign ture, are available for review in Planning and Zoning. A copy of the originaily
reviewed plans, st ff comments and City Commission approval of the Master Plan Modification
wiil be available fo your use to perform the review.
Please review and sign-off each of the three (3) sets of plans, NO LATER THAN 5:00 P.M.,
FEBRUARY 29, 1 98. If the plans are not in compliance with your staff comments or City
regulations, sign th plans "subject to memo". To facilitate the sign-off process, please resubmit
written comments ddressed to the Planning and Zoning Director, NO LATER THAN 5:00 P.M.,
FEBRUARY 29, 1 98.
Thank you for your prompt response to this request.
T JH:bme
cc: Bulent Kas rlak, Director of Development
William Bin ham, Fire Chief
Marshail G ge, Police Chief
John Guid ,Utilities Director
Tambri J. yden, Planning & Zoning Director
Pete Mazz lIa, Assistant to Utilities Director
Central FiI
s:\projectslshpswool\recmstpl mpmd 97-007
RECREATION & PARK MEMORANDUM
TO:
Tambri Heyden, Planning and Zoning Director
Kevin John Hallahan, ForesterlEnvironmentalist k,} ~
t.
FROM:
Re:
Shoppes of Woolbright (Design Expo)
Master Plan Modification - Modified
DATE:
February 18, 1998
00
'. 2 0 I9S..
The applican has not met all of my previous comments. The project should continue in
the normal re iew process. The plans will be signed off "subject to this memo".
Code Refere ce
Code ofOrdi ances Environmental, Chapter 7.5 Tree Protection.
Kjh
file
MEMORANDUM
UTILITIES DEPT. NO. 98 - 028
ill
m 0 WI m m!
.,
.201998 ,!J))
! ,
PLANNING AND
ZONING DEPt
TO: T mbri Heyden, Planning Director
FROM: Jo n A. Guidry, Utilities Director
DATE: Ja uary 21, 1998
SUBJECT: orne Depot Expo Center - Master Plan Modification - 2nd Review
We offer the ~ llowing comments on this plan:
1) Provide a c py of the agreement(s) allowing stormwater from this parcel to be
treated on he P.U.D. property. The off-site stormwater retention pond is
expected t be maintained by the P.U.D., whereas this project is in the
P.C.D.
Please refer a y questions on this matter to Peter Mazzella (375-6404) of this
office.
JAG/PVM
xc: Skip Mi or
File
/ / +- (s r/. (f
~(f~
()v-Ttf....."--! 004 i ~~ o/rP-
~
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-051
TO:
FROM:
L rry Roberts, Public Works Director
D n Johnson, Building Division
S ve Gale, Fire Marshal
o c, Robert Riggle, Police Department
J hn Wildner, Parks Superintendent
K vin Hallahan, Forester/Environmentalist
C de "Skip" Milor, Utilities Chief Field Insp.
S bastian Puda, Engineering Division
T mbri J, Heyden, AICP '7sjJ
PI nning and Zoning Dire~
DATE:
F bruary 11, 1998
SUBJECT: S oppes of Woolbright (Design Expo) - Master Plan Modification
(sign-off)
Fi e # MPMD 97-007
The amended m ster plan for the Shoppes of Woolbright - Design Expo has been submitted for
final sign-off by e Technical Review Committee. Three (3) sets of plans, each requiring your
unconditional sig ature, are available for review in Planning and Zoning. A copy of the originally
reviewed plans, taff comments and City Commission approval of the Master Plan Modification
will be available or your use to perform the review.
Please review a d sign-off each of the three (3) sets of plans, NO LATER THAN 5:00 P.M.,
FEBRUARY 29, 1998. If the plans are not in compliance with your staff comments or City
regulations, sign the plans "subject to memo". To facilitate the sign-off process, please resubmit
written comment addressed to the Planning and Zoning Director, NO LATER THAN 5:00 P.M.,
FEBRUARY 29,1998.
Thank you for y r prompt response to this request.
T JH:bme
cc: Bulent K starlak, Director of Development
William ngham, Fire Chief
Marshall age, Police Chief
John Gui ry, Utilities Director
Tambri J, Heyden, Planning & Zoning Director
Pete Ma zelia, Assistant to Utilities Director
Central Ie
s:\projects\shpswool\reCm tpl mpmd 97.007
Preserve Areas anagement Plan - Home Depot Expo Design Center; City of Boynton Beach
The project site i bounded on the east by a significant natural community of "Sand Pine Scrub".
This is an ecolo ical community that is most commonly found inland from the coast and in the
central portion of lorida. Individual communities are small (several hundred acres) and the subject
community is a ery small isolated component of the larger original corridor that existed before
development ofP 1m Beach County. The sand pine community is a fire-based community and under
normal undisturb conditions understory vegetation is dense and provides fuel for naturally caused
fires. The fires p vide heat required for the sand pine cones to open and release the seed contained
within. However the sand pine tree has little resistance to the heat of the fire and are often killed.
This results in th regeneration of young sand pine and prevents the community from becoming an
upland hammock community type through natural succession.
The sand pine e ological community provides important native habitat for wildlife including
warblers, flycatc ers, scrub jays Aphelocoma coerulescens coerulescens), towhees, scrub lizards
(Sceloporus woo i), sand skinks (Neoseps reynoldsi) and gopher tortoise (Gopherus polyphemus).
Several species 0 native legumes provide food for the bird and wildlife that utilize these areas for
nesting, roosting nd cover.
The sand pine sc b community type requires minimal maintenance in an urban setting to remain
a relatively high uality natural system. Maintenance in the urban setting may not include fire to
maintain the co unity character, but the narrow habitat conditions coupled with minimal hand
removal and her icidal treatment of invasive exotic and undesirable vegetation will allow the
naturally occurri g inhabitants ofthe sand pine scrub community to flourish.
The natural area to the east of the landscaped berm and west of the CSX Railroad alignment is
currently vegetat d with an association typically found in south Florida sand pine communities.
Although this c munity has been fragmented by previous construction activities, the remnant
vegetation remai s in good quality and condition. Dominant vegetation found in the natural area
includes sand pin (Pinus clausal, saw palmetto (Serenoa repens), various scrub oak taxa (Quercus
virginiana, Q. c apmanii, Q. myrtifolia), gopher apple (Licania michauxii) and golden aster
(Heterotheca sca rella). Other important native plants found onsite include the slash pine (Pinus
elliottii), musca ine grape (Vitis rotundifolia), puncture vine (Tribulus cistoides), and love vine
(Cassytha filifor is).
In addition, the ea currently supports several invasive and undesirable exotic plants that are
producing negati e impacts to the values of the natural area in terms of wildlife habitat quality and
native plant heal h and regeneration. Vegetation that is negatively influencing the quality of this
important natura system includes earleaf Acacia (Acacia auriculiformis), schefflera (Schefflera
actinophylla), w ody spermacoce (Spermacoce sp.), periwinkle (Vinca minor), castor bean (Ricinus
communis), Cea ar's weed (Urena lobata), Brazilian pepper (Schinus terebinthifolius), life plant
(Bryophyllum pi natum) and sand bur (Cenchrus incertus).
~ J.J. GOLD SICH AND ASSOCIATES, INC.
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Boca R ton, Florida 33433
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ATTENT ~btt/
RE:
"mmm~'"
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WE ARE SENDING YOU 0 ttached
the following items:
o Shop drawings
o Copy of letter
COPIES
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DATE
D Under separate cover via
o Prints
o Plans
o Samples
o Specificalions
o Change order
o
NO
DESCRIPTION
iu ?'keIA-
p~ ~ ~WlIVI1/4tfl
THESE ARE TRANSMITTED s checked below:
o For approval 0 Approved as submitted
~ForYouruse 0 Approved as noted
> o As requested 0
Returned for corrections
o For review and c mment 0
o FOR BIDS DUE 19_
REMARKS
COpy
o Resubmit
copies for approval
o Submit
copies for distribution
o Return
corrected prints
o PRINTS RETURNED AFTER LOAN TO US
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If enclosures are not as noted, kindly no '
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-051
TO:
L rry Roberts, Public Works Director
D n Johnson, Building Division
St ve Gale, Fire Marshal
o . Robert Riggle, Police Department
J n Wildner, Parks Superintendent
K vin Hallahan, Forester/Environmentalist
CI de "Skip" Milor, Utilities Chief Field Insp.
S bastian Puda, Engineering Division
FROM:
T mbri J. Heyden, AICP
PI nning and Zoning Director
DATE:
SUBJECT: S oppes of Woolbright (Design Expo) - Master Plan Modification - MODIFIED
(sign-off)
Fil # MPMD 97-007
The amended m ster plan for the Shoppes of Woolbright - Design Expo has been submitted for
final sign-off by t e Technical Review Committee. Three (3) sets of plans, each requiring your
unconditional sig ature, are available for review in Planning and Zoning. A copy of the originally
reviewed plans, taff comments and City Commission approval of the Master Plan Modification
will be available f r your use to perform the review.
Please review a d sign-off each of the three (3) sets of plans, NO LATER THAN 5:00 P.M.,
FEBRUARY 20, 1998. If the plans are not in compliance with your staff comments or City
regulations, sign he plans "subject to memo", To facilitate the sign-off process, please resubmit
written comment addressed to the Planning and Zoning Director, NO LATER THAN 5:00 P.M.,
FEBRUARY 20, 998.
Thank you for yo r prompt response to this request.
TJH:bme
cc: Bulent Ka tarlak, Director of Development
William Bi gham, Fire Chief
Marshall age, Police Chief
John Gui ry, Utilities Director
Tambri J. eyden, Planning & Zoning Director
Pete Ma ella, Assistant to Utilities Director
Central Fi e
s:\projects\shpswool\recms pl\mpmd 97-007
,," " 11~ /~ b1!- hr p :
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of Boynton Beach ~~) /
Planning and Zoning Division / t}.~ X, \fA#'" t' (
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PO Box 310 1'~' _Il'~a- \~:,!' .>-\1
Boynton Beach, FL 33425 /~ ~ ~+ tJ ~.\.Y
561/375-6260 k~""')-V' ,oo.~ i'K
Fax: 561/ 375 - 6259 -,,\1'~ Q\Y"~ ~\Q.~'I"'\~
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ElVE ALL THE PAGES, PLEASE CALL 561/ 375 - 6260.
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August 25, 199
Tambri:
Last Friday, I directed Doris to dokearch that you, r~ted from me for
today's meeting w/Mr. Morton. Nothing got done. Not onl}\!Jlave) not received any
information fro her that she has not done what she was directed to do, but also I was
left without a w d of the status of this research and nobody in the office could give me
this answer. I b lieve that office protocol requires that answers should be given to
qUestions~ri~ this is not the first time it happened,( so perhaps we need to discuss
this issue. len al helpJs critical to the operati01of the current planning division,
especially now, herYwei!are understaffed, ~ '
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MTP Group, Inc.
/2798 W. ForurHil/81vd.. Suito /02
West Pe/m Be.ch. FL 33414
Phono: 14071 795-0678 Tolofox: 14071 795-0230
January 17, 1997
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(4r1At.;.)/.~.;I; S- 1> s-)
William Hukill, P .E.
Director of Developme t
City or Boynton Beach
100 East Boynton B Boulevard
Boynton Beach, Florid 33425-0310
Re: Woolbright PI e PCD/PUD
Dear Mr. Hukill:
MTP Group, Inc. has prepared the attached trip generation comparison of the approved versus the
proposed land uses at oolbright Place PCD/PUD. The analysis has been performed using the trip
generation rates includ in the Palm Beach Counry Land Development Code Section 10.8: Fair Share / j
Road Impact Fees. This sis is a revi ion of our revious anal" the ro osed 3 710 ~~'-- .1/
square feet restaurant in ne of the out- arcels previousl assumed as a 4,000 square feet retail. ~r{'"
We are attaching tables ,7, 8,9 and 10 which summarizes the trip generation comparison using Palm
Beach County standard. We have used the same table numbers for purpose of comparison with our
previous study. As sl1 wn in these tables, the net external trip generation potential of the proposed
development is lower an that of the approved development. Therefore, there is no additional traffic
impact resulting from th proposed change.
Please do not hesitate to give us a call should you have any questions about the contents of this letter.
/
Sincerely,. (,~' I ;'
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;J I' I
MTP Group. Inc.,
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Maria . Palombo. P.E.
President
Attachments
Copy: Micl1ael Morton
MTP\MORllm.UR
/tb5
Residential
WOOLBRIGHT PLACE PCD/PUD
TRIP GENERAnON RATES
TABLE 6
Palm Beac County - Land Development Code - Section 10.8 Fair Share Road Impact Fees
Out Parcels
Single- amily:
Multi-F mily:
Ouplex
Single Family Oetached
Attached Housing
Attached Housing
Palm Beach County - Land Development Code - Section 10.8 Fair Share Road Impact Fees
Commercial
Comm rcial:
Bank:
Restau nt:
Gas St tion:
Conven nce Store:
General Commercial Under 570,000 Sq. Ft.
Drive-In Bank
High-Turnover (Sit-Down) Restaurant
Fast Food Restaurant
Gas Station
Convenience Store
Palm Beach ounty - Land Development Code - Section 10.8 Fair Share Road Impact Fees
Comme cial:
General Commercial Under 570,000 Sq. Ft.
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---
..
WOOLBRIGHT PlACE PCDlPUD
DAILY TRIP GENERATION
{APPROVZ.HD USES
I LE7
Trip Genera1ion Daily Passer-by New
Land Use Units Amount Ram Trips Percentage Passer-by Trips
Residl!!intial
Multi-Family Dwelling Units 640 7 4.480 N/A 0 4.480
Duplex Dwelling Units 16 7 112 NJA 0 112
Subtotal 4.592 0 4,592
~ Acres 14 . 750 N/A 0 750
Subtotal 750 0 750
Out Parcels
Bank 1,000 Square Feet 4.300 285.21 1.140 48.0% 524 616
Restaurant - High Turnover 1.000 Square Feet 5.000 205.36 1.027 15.0% 154 873
Restaurant - Fast Food - 1.000 Square Feet 4.300 632.12 2,718 20.0% 544 2, 174
Commercial 1,000 Square Feet 4.000 - 945 45.0% 425 520
Commarcial 1.000 Square Feet 58.000 - 5.028 43.8% 2,202 2.828
Subtotal 10,858 3,849 7.009
Commercial
Home Depot 1.000 Square Feet 102.250 - 7.166 42.8% 3.067 4.099
Commercial 1.000 Square Feet 137,730 - M33 42.0% 3.626 5.007
Subtotal 15.799 6,893 9,'06
TOTAL 315.580 ~ 10.542 21.457
. Banon Avvnan Tra1'f\c Study (January 23. 1990)
- Fast Fooa Restaurant W1lnout OtMt-Thraugh . Usn 20% PlIMet-ov
- Ln(1) = 625Ln(X}... 5.985
WOCI..TM'l,Wll;.
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WOOLBRIGHT PLACE PCDlPUD
DAlLY TRIP GENERATION
C1'ROPOSE~ND USES
IA LEa
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Land Use
Units
Trip Gen""'t1on Daily
Amount Rate Trips
Passer-by
Percentage Passer-by
New
Trips
R8Stdential
Single-Family
Multi-Family
Duple.
~
Out Parcels
~~~~urant - High Turnover
f)1~e"ommercial
~_ Restaurant - Fast Food-
- ""~ Gas Station "-
Convenience Store /'
(Restaurant - High Turnover
~'-M
Commercial
Home Dapot
Commercial
Dwelling Units
OVIelling Units
Dwelling Units
N/A 0
NlA 0
N/A 0
850
3.836
112
85 10 850
548 7 3.836
16 7 112
Subtotal 4.798
14 750
Subtotal 750
o 4.798
Acres
o
750
N/A
o 750
1,000 Square F1!Bt 3,710 205.36 762 15.0% 114 648
1.000 Square Feet 6,745 1.310 44.9% 589 721
1.000 Square Feet 3.175 632.12 2,007 30.0% 602 1.405
Stations 1,000 748 748 58,0% 434 314
1.000 Square Feet 3.404 737,99 2.512 45.0% 1.130 1.382
1.000 Square Feet 9.970 205,36 2.047 15.0% 307 1.740
Subtotal 9.386 3.176 6.210
1,000 Square Feet 102250 - 7.166 42.8% 3.067 4.099
1,000 Square F1!Bt 157,000 - 9.369 41.6% 3.894 5.475
Subtotal 16.535 6.961 9.574
TOTAL 287,254 e 10.137 21.332
.Banon Aatlrnan Trame Study (January 23. '990)
... Ln(T)" 625Ln(Xl + 5,985
- Fas( Fooa Restaurant 'Mth Dove- Throu9n
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WOOLBRIGHT PLACE PCDJPUD
NET EXTERNAL TRIP GENERAnON
APPROVED LAND USES
TABLE 9
Land se
New
Trips
Intemal
Capture
Intemal
Trips
Net
Extemal
Trios
Residential 4.592 20% 918 3.674
Church 750 0% 0 750
Out Parcels 7.009 25% 1,752 5.257
Commercial 9,106 29% 2,670 6,436
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WOOLBRIGHT PLACE PCDJPUD
NET EXTERNAL TRIP GENERAnON
PROPOSED LAND USES
TABLE 10
Land Ul ~
New
Trips
Intemal
Capture
Intemal
Trips
Net
Extemal
Trios
Residential 4,798 20% 960 3,838
Church 750 0% 0 750
~ 1,382 32% 442 940
Out Parcels 4,828 25% 1,207 3,621
Commercial 9.574 27% 2,609 6,965
~...:..,:.~:~....,.~-::..x 'OTAL' ".,.;:........21....... .....h....,......'~:...4%-v-~".....,....-5':21i...,"T.:..'~:i6:ii4.
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98 W. Forest Hil/Blvd.. Suite 102
West Pelm S88ch. FL 33414
71 7 5'()678 relefex: (4071 79!J.()230
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'1.~y J 7&W
May 14, 1996
:~~~c~:~:orton (D) & @ & n W ~ i GI!
902 Clint Moore Ro d, Suite 124 Ul]IAAY I 6 ;~.s i ~ I
Boca Raton, Florida 3487 ~:I ;;1'> :...J L/ I
Re: Woolbrigbt lace _/PUD ~r ~)"' ENGINEERLJ
Dear Mr. MOrto:; 'lW~~ii... h"'L~D?~
MTP Group, Inc. h prepared a trip generation comparison of the approved versus the proposed land
uses at Woolbright ace PCDIPUD. This development is located north of Woolbright Road and west
of Interstate 95 in th City of Boynton Beach, Florida. Main access to the development is through SW
8th Street which co ects to Woolbright Road to the south and Boynton Beach Boulevard to the north.
The following metho ology was used to perform the analysis:
1.- As dir cted by City staff during the meeting of May 1, 1996, the trip generation potential
of the pproved development was determined based on land uses included in the 1990 site
plan. ince this site plan shows three out-parcels without specific land use designation, we
includ two restaurants and a bank, per your direction. These land uses are permitted by
zoning code and are usually located in out-parcels.
2.- The a roved residential development includes 640 multi-family dwelling units and 16
duplex dwelling units.
3. - Trip g neration rates and/or equations were obtained from the latest edition of the Institute
olTra ponarionEngineers (lTE) Trip GenerarionRepon. The 1995 updated version was
also us in the study. Table I shows the ITE land uses and land use codes used in the
study.
4.- Passer y percentages were obtained from Palm Beach Counry Land Development Uxie,
Anicle 10, Section 10.8 Fair Share Road Impact Fees with the following exemptions:
Bank. Palm Beach County applies 46% for Drive-In Banks. We have assumed
a Walk-In Bank. Therefore, passer-by was reduced to 30%.
Fast Food Restaurant without Drive-Throu!!h. Palm Beach County applies 30%
for Fast Food Restaurants with Drive-Through. Passer-by was reduced to 20%
since the restaurant does not have a drive-through.
Gas Station with Convenience Store. Palm Beach County applies trip
generation rates for both gas station and convenience store. Therefore, the
County applies 58 % passer-by for a gas station and 45 % passer-by for a
convenience store. To be conservative, this study utilizes 45% for the gas station
with convenience store.
Mr. Michael Morton
Woolbright Place PCDIPUD
May 14, 1996
Page 2 of2
Home Denot. The study utilizes the Palm Beach County passer-by rate for
general commercial retail which follows:
Passer-by % = 45.1 - O.0225(A) where A = 1,000 SF GLA
5.- As dire ted by the City Director of Development, Mr. William Hukill, we have made a
compari on of "net external trips" for both the approved and...pr.QPosed land uses.
Tables 2 and 3 prese the trip generation potential of the approved and proposed land uses. As shown
in these tables, there s a considerable amount of traffic which is assumed as passer-by utilizing Palm
Beach County allow passer-by. In addition, Palm Beach County limits the amount of passer-by to 25 %
of the traffic on the jacent street. Since the amount of passer-by for the proposed uses is lower than
the amount of passer- y for the approved uses, any revisions to these figures, if warranted, would result
in higher new trips fo the approved uses. Therefore, in order to be conservative, the amount of passer-
by has not been revis . As shown in these tables, the trip generation potential of the approved uses is
higher than that of th proposed uses by approximatcl 650 daily trIpS.
,
A certain amount of
"internal capture".
capture:
affic generated by this development will stay within. This traffic is referred to as
e following assumptions have been used to determine the amount of internal
. Twenty percent (20%) of the residential traffic will be attracted to the out-parcels and
commer ial development within the property.
. Twenty five percent (25%) of the out-parcel traffic will be attracted to the commercial
develop ent within the property.
Tables 4 and 5 prese t the net external trip generation potential of the approved and the proposed land
uses respectively. A shown in these tables, the ~ternal trip generatio_II_(l!ltential of the proposed _._
. development is low~ an that of the 3!'!l~oved_ develop~enThy approximately seventy (70) daily trips.
Please do not hesitate to give us a call should you have any questions about the contents of this letter.
Maria T. Palombo. P E.
President
Attachments
M'fP\MOIUI496.LTR.
Residential
Out Parcels
Commercial
WOOLBRIGHT PLACE PCD/PUD
ITE LAND USES
TABLE 1
Institute of Tran portation Engineers Trip Generation Report, 5th Edition
Single-Fa ily:
Multi-Famil :
Duplex:
Single Family Detached Housing
Low-Rise Apartment
Low-Rise Apartment
ITE Code (210)
ITE Code (221)
ITE Code (221)
Commerci I:
Bank:
Shopping Center less than 570,000 SF GLA ITE Code (820)
Walk-In Bank ITE Code (911)
Home Dep t:
Free-Standing Discount Store
Institute of Tran portation Engineers Trip Generation Report, 5th Edition
Institute of Tran
rtation Engineers Trip Generation Report, 5th Eamon, February 1995 Update
Restauran Fast Food with Drive-Through
Fast Food without Drive-Through
High-Tumover (Sit-Down) Restaurant
Gas Statio Convenience Store: Convenience Market with Gasoline Pumps
Institute of Tran portation Engineers Trip Generation Report, 5th Edition
ITE Code (834)
ITE Code (833)
ITE Code (832)
ITE Code (853)
Commerci I:
Shopping Center less than 570,000 SF GLA. ITE Code (820)
Institute of Tran portation Engineers Trip Generation Report, 5th Edition, February 1995 Update
ITE Code (815)
WOOLBRIGHT PLACE PCDIPUD
DAILY TRIP GENERATION
APPROVED LAND USES
TABLE 2
Trip Generation Daily Passer-by New
Land Use Units Amount Rate Trips Percentage Passer-by Trips
Residential
Multi-Family Dwelling Units 640 6.59 4,218 N1A 0 4,218
Duplex Dwelling Units 16 6.59 105 N1A 0 105
Subtotal 4,323 0 4,323
Church Acres 14 . 750 N1A 0 750
Subtotal 750 0 750
Out Parcels
Bank 1,000 Square Feet 4.300 140.61 605 30.0% 182 423
Restaurant - High Tumover 1,000 Square Feet 5.000 1IT.87 889 15.0% 133 756
Restaurant - Fast Food - 1,000 Square Feet 4.300 786.22 3,381 20.0% 676 2,705
Commercial 1,000 Square Feet 4.000 - 945 45.0% 425 520
Commercial 1,000 Square Feet 58.000 - 5,028 43.8% 2,202 2,826
Subtotal 10,848 3,618 7,230
Commercial
Home Depot 1,000 Square Feet 102.250 - 5,678 42.8% 2,430 3,248
Commercial 1,000 Square Feet 137,730 - 8,633 42.0% 3,626 5,007
Subtotal 14,311 6,056 8,255
TOTAL 315.580 30,232 9,674 20,558
. Barton Ashmon Troftlc Study (Jonll8t'f 23, 1990)
Fast Food Restaurant without Crtv. Through
Ln(T). ,625Ln(X) + 5.985
T. ge,77(X) - 4218,699
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WOOLBRIGHT PLACE PCD/PUD
DAILY TRIP GENERATION
PROPOSED LAND USES
TABLE 3
Trip Generation Daily Passer-by New
Land Use Units Amount Rate Trips Percentage Passer-by Trips
Residential .--,
/'
F -..."..-
Single-Family Dwelling Units ( 8'5/ r 9.55 812 N1A 0 812
Multi..Family Dwelling Units '-548 6.59 3,611 N1A 0 3,611
,
Duplex Dwelling Units 16 \ 6.59 105 N1A 0 105
~/
Subtotal 4,528 0 4,528
Church Acres 14 . 750 N1A 0 750
Subtotal 750 0 750
Out Parcels
..----~
Commercial 1,000 Square Feet ~OOQ - 945 45.0% 425 520
Commercial 1,000 Square Feet 6.745 - 1,310 44.9% 589 721
Restaurant - Fast Food - 1,000 Square Feet 3.175 710.08 2,255 30.0% 6n 1,578
Gas Station/Convenience Stor 1,000 Square Feet 3.404 845.6 2,878 45.0% 1,295 1,583
Restaurant - High Turnover 1,000 Square Feet 9.970 177.87 1,773 15.0% 266 1,507
Subtotal 9,161 3,252 5,909
Commercial
Home Depot 1,000 Square Feet 102.250 - 5,678 42.8% 2,430 3.248
Commercial 1,000 Square Feet 157.000 - 9,369 41.6% 3,894 5,475
Subtotal 15,047 6,324 8,723
TOTAL 286.544 29,486 9,576 19,910
Borton Ashmoo TroftIc Study (JanU8ty 23, 1990)
lorn . .625lo(X) + 5.985
Fat Food RlStllurant with Drive-Through
T. 96.77(X)' 4216.659
V'<<X)l. TRP.Yt%4
'..........
12:29 PM
Lan Use
WOOLBRIGHT PLACE PCD/PUD
NET EXTERNAL TRIP GENERAnON
APPROVED LAND USES
TABLE 4
New
Trips
Internal
Capture
Internal
Trips
o
Net
Extemal
Tri
3,458
750
5,422
5,582
Lan Use
4,323
20%
865
o
Net
External
Tri
3,622
750
4,432
6,340
f.ililf~ii:;]wr._lli~1~lm~~l~;[!~g1.:g[:tj[11[[ili:~~jt~tjiI~~[[jgil~[[01::~[]~[]t~t[1[f[1~tm~[!ti1[~[1*ijg11[g
750
0%
7,230
25%
1,808
8,255
32%
2,673
WOOLBRIGHT PLACE PCD/PUD
NET EXTERNAL TRIP GENERAnON
PROPOSED LAND USES
TABLE 5
New
Trips
Intemal
Capture
Internal
Trips
4,528
20%
906
750
0%
5,909
25%
1,477
8,723
27%
2,383
CAULFIELD & W
Consulting Engineers.
January 15,1998
Ms. Tambri Heyden, Direc or
Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Bo evard
Boynton Beach, Florida 3 425
Subject:
Expo Desi n Center
Master 1;'1 n & Site Piau
Our Pr "e t #3377
Dear Ms, Heyden:
Thank you for mee ing with Mike Morton, Susan Prillaman and myself on Monday regarding the Expo Design
Center Master Plan Modifi ation and Site Plan submittal. Pursuant to that meeting, I am submitting the following:
1. Twelve (I ) sets Master Plan Modification.
2. Twelve (I ) sets Site Plan.
3. Twelve (1 ) sets signage Modification Plan.
4. One (I) co y written response to each TRC member comment received.
As discussed, the r vised elevation rendering and color boards will be provided to your office under separate
cover.
As discussed, this esubmittal is for your review and use in placing this project on the January 27th Planning &
Development Board Meeti g agenda.
We understand tha this project will not be heard at the TRC Meeting. If you require any further information
during your review, please do not hesitate to contact me, or Susan Prillaman (Greenberg-Farrow Architects, Telephone
No, 770..303..1033).
Sincerely,
Caulfi & Wheeler, Inc.
SET:jd
cc: Michael Morton
Susan Prillaman
wp2\letters\expo \heyden
7301-A West Palmetto P rk Road. Suite iDCA
Boca Raton, Florida 334 3
561.392-1991
Fax, 561 .750.1452
Engineering # EB-QQ03591
Surveying # LB-0003591
Landscape Architecture # LC-0000318
Ms. Tambri Hayen
Director of Plan ing & Zoning
The City of Boy ton Beach
100 E. Boynton each Blvd.
Boynton Beach, FL 33425
RE: Home pot Expo
Boynto Beach, FL
Dear Ms. Hayde :
Please accept is letter as our request to modify the current Sign Program to allow the Expo
signage per the ttached color renderings.
Thank you for c nsidering this request.
Sincerely,
Ct\cTI\.\- :~0C~ /
Cathy Scott
Program Manag r
Enclosures
Collins Signs, Ine.
42';') Napil:r hdJ Rn,ld
J)uth:J.ll, AlaklllLl '111303
n4.t)HJ-~I)(11) 'Ji.:kph"lh'
n4.'l:-i.1-1Fll Idx