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REVIEW COMMENTS 7.B.2 AND 7.C.2 SHOPPES OF WOOLBRIGHT PLANNED COMMERCIAL DISTRICT (PCD) MASTER PLAN MODIFICATION AND SHOPPES OF WOOLBRIGHT - HOME DEPOT EXPO DESIGN CENTER NEW SITE PLAN DEVELOi cJENT SERVICES DEPARTML T MEMORANDUM NO. PZ 98-026 TO: Chairman and Members Planning and Development 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 REQUEST/DESCRIPTION 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 undeveloped property (currently one parcel) and the remaining vested 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 S.W. 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. Traffic- PCO (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 PUO 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 Light 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 eastern portion of the site from the railroad right-of-way (see Exhibit "C" - survey) A one story 88,004 square foot home design center and attached future 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 ~ivision reviewed this analysis and found this project consistent with the Palm Beach County Traffic /1 ^ Page 3 of 5 Memorandum No. 98-026 Shoppe5 of Woolbright 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 information 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 capped with a gray metal flashing. Masonry columns, canopy and cornice 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 8th Street. No specific architectural pattern has been established in this area to which this project can be compared. See Exhibit "En 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 Woolbri~ program. The sign program has been amended prev~nd an , .' Page 4 of 5 Memorandum No. 98-026 Shoppe5 of Woolbright 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'ld 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 a 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 "Cn 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 "En Retail-157,000 (connected) square feet The modifications to the master plan will result in a total of 313,867 square footage; previously vested for traffic, water and sewer. 7- Page 5 of 5 Memorandum No. 98-026 Shoppe5 of Woolbright PCD, MPMD 97-007 and NWSP 97-024 (Expo Design Center) MASTER PLAN MODIFICATION ANALYSIS Changes to Planned Commercial Development (PC D) master 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 future 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:\PLANNINGISHAREDlWPIPROJECTSISHPSWOOLIEXPOIMPMDIST AFFRPT-MPMD-NWSP.DOC --- ~. EXHIBIT "A" b - ......._---~----_..__._-_.....__.,.._--_._- - ~----~-~ L^f'" ATION MAP ~:-\:,~I. ' SHOP~ ~. f".....,~.' ~ \\J -'1,.11.....11.1.1. IITlll' .i'"~'~l'" -:: I. -":',. \ ~'Il' .\.,.\ 'J I;. I V")..:'>. II. ,..-' .., t:..:.. \ m..Jl- -~ \ \ rqy t. ). I- I \ Ii! : ,''', " .~ I; f-1 ...\..~~ ~?-. \- 'll\ll c i~ ~ l~ .."-1 ,~, ..."~" UP" "" ~A~ ," "'" "" . . ,. ~ " ,.' riP -'I ~ '_' ~ ." .\ IJ .. .. :: . ..." ' f ~ rl . ", \ '~~;J!~.1\\\\ .'" . 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".,.....~. .~/.:-) ,'j . ..:~~~' ... \~.;~:z<.;(~:l PU' ,. ~.\.}...-:/,~~r'7r'":>:. .',~'~\~~\',; 1l ,,\~:~~~~ \ , '. ..., /: ~. . 'tI '. :.>. "':<.~" ~!-:~~ -...: \ \\ .{ :",., . '. \ . ::~ .,..~..r~,\ ~:~ 0""" "'$'~ \II ( , . f ...", ~'\t' "\~ . v'. l . ,\~3~ R"~''''''' ,_ "~'~'"'' . , '. ^ fr- . lIB NIlLES : . ';:' nQ> E: ? :.:.':~ "(JI:-- 0\\\\\ \ \ . \:: . ~.. -i 1_1--- E,i muIt:\. '. ~.~. ""';. \" 1 V;~I 0 '0 . 40...0 ..8.~~~~~';r. ~~ llill.\t r', i1S ~. ec ~ ~flJ::. (S\'Z\,,, . '.~.'- .~...--------- ni'"'"\\ \\\\\1 III II ~.,N['Vw~v~:-~ .. EXH\B\" "B" 1-Aj . ' .~ f/MI --~~/--- ._---~-- w~ U I!I ~ w ." (.\-..... '.. "'C:-' J~ 7 :997 . o > December 17,1997 PLANNING AND ZONING DE T. Mr. Jerzy Lewicki, Acting Sr. PiannerlProject Manager City of Boynton Beach Planning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 < , . < ~ . . ~":.==~Ia =:(~;:.:.1: ~:: ~~ "A.J ARCHITECTURE E ~ GIN E E R I ;\j C PLANNING 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.f. 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) 303-1033 if you have any questions or need any additional information. Sincerely, GREENBERG F ARROW ARCHITECTURE, INC. ~ t. e..OOQ..~"'- -- Susan E. Prillaman Site Development Coordinator wp encl. c: Mike Morton John Shem I .,. " THE E' C H \ '\J (, E . --\ T l \ N T --\ 9 CEO R G I A 1 [) I I q . i E L 7;- 0 :; 0 ,l I () .3 1 . 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II ::I/~/ /l1 1\" , 1\ II :: I 11 - , II 'I i 11 I" , I . 111'1 ~ 1'1 ~, " ~ 11:: _.1. Ii _,,.. III " \ 1\ ill. ....,.,~___~.,';~'_ _ ~lll~ I ._O' ~L4 'I "11 ';\01,. :."cET . a ~ 1... I! ~ 51~ ~UD-P. 1\ " j., /~~ I \ ; ... -. T'" _ 131_ I JII',: /\ J~ I \1 ~i ~::;:r.:~, s~~~1,?______ "I J' / .... .-, ,..",. .., ... "'oj'll- \.' .... ~~ld /<CI,,", ~""":.\,;; ~.o'o-.. t~""-"" ~ .;..,r:o I" -----I /) - ; ",,~ '-}-' ~. -) ," .. /~,. .' -..... ~ "l-~. ~~:.: <. . _ ~ I I ! ! :." I I ! ! .\! '. "" I oJ. il ! h .it ..... -..... f:'lu ~ <: ~ f-q , . 'c:t ~; U ~ i (j "<( ~ I <l: Cl::: ~, ~f- '-- I I y, ~ ~ J ::.....; "" \; ~ 0 . '0 - , " , ~. '. " ,. ~ ""'~. I "'4. \ 1i,I."0;. ,t ~i ~!! h .~ )." d .~, ~:. . ",>. ..-~ . 'I~"J". "'I' r; "'~r EXHIBIT "0" , . '- . , r--;;' r " Nt! \'II \ "II " ,'I' "1' , , \ I' ,,' , , "I' ~, " \\\ , ~ I' "I' ':'1' I' , "I' " I "I, " "II ,I' . II III' I' "I'i ", ,II' ':'1' ~i \\ \ ....,' ';,1\ 'S.\. ,,,, 'iii II " \\1,\ ~ , , "I' ,I "ll " , "I' . " , \1\ ,'1' i \\ \\ \ \ \1 \\\\ '" .. ... "I' ~;! \-.'1" \ 0," \ \l\'\ " II \\\ 'i ~ \\1\ <.,.,0 ~I\ "1, ",% t, " , .- ,",0 ' III' ,.~ ' I' \ ~' ' ",' II', \ , ,\" \. ,,_-\ I' " ~' 'i 'i " 'i' " " t \ · - \ '. ,I I' , I \ c .- I \"" " '''''\ i _------ ' I "1 .C----- _--- _ --. - "I',i? - ,~. __, I~ ____---------- ~-;;:.;;:.---.;:;.::.;;:",-" '.!I':: --- -=--<-- ~ - . --~ ", _,...:--==-_..=_ -::._..;::---- ::;:i!'"-""~~ .1 -- il"- , _=-*=---"" _::::-...:;;~........--.' . '"Ii' ~_' ,K-.'=-- "",,_C,.C- .:::::~~\I\J .".- . .... ...~.~ ----.- --~ ,-,~- --- .' . ------- --- - ...... ~ V1cO\-8~"~\ '?vet p,u.o. C)l.I.lltc"" P..~c.a. 4"- '" /' ~.."..,,#,....... .' . .' ... \. ... ........' ../ " . \1\ .~. ......~. _.' '. ~......,:.;...::.....,.. :.' ~-- ............. ........ .... ,...... ?""' ~.. - ........ ,*,' ~ -:r-...... . .....~./ -"""' \' " . .....M:; - ~I~i n :.:;,~---./.... --- ", r~ ~.;p- // .' . ~ ~// \ .... '\ ...----' \ r-'\tr-- l!; a~ / ,X' ~~ ~~a \ ,- ,~ , .or. ~ ." \ ~~ \ I \ I \\ . - - ~~ .. -I . U~ ,- - - il ::. - i ~ . - \ l 1 \ ,. ~,~ "~ ."1-\~ g-e . 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I I I / L- '- ". ::i ~ 't I '\ I -- I !- \ . I I R I ~ , \ . u ., ,I ;i ~I , \ I I " '. 'I !. :J " I ! I Iii L i~ I;! il . "II g~I"j, i ~~il ~ ~Ii'-~ d.::::j . " -,j ') I.... = "' ::.! ~ 1: -, ..., ~~ ,. ""-:""';-'f -- \ "'-_~__':.t..:;1: . .Ii ~I! 'i :i; I' i~ ! I; I ~!~~!: ~!~ ~!~~i ~.It !~ 1~ Ii ') I! II i , ii pi --:i I I ~ ; " ,. ~~ " II ". ~ I ------: I t~J: I In;; I~.a" "1 ::J , '''ij !,,~ :::J n ! ! !! I I j! .., ;J il i. ~i Fii ~! :.i! ~\; :il i' I 'I} :1: :j, 'I~ il Ii \' \ I I -I~ :j' i;~~ .. , ::l ~::~ , =J::-.- - ! , - r'l~ 'I'" l;J: ':< . I i~a; ~ ~~'; ~~i I l , i . l;;! 1;,1 ~. " , , , I 1 ~JJ , I i il I. ~ ~l 'j: ~ ~ii I !I i~ I, .,. \' I I: 'l ..,~,... "'1. ,It'''!Jt.t ~"II. .J: I? ':1.' illl 'I ~ i: I i ~ " I p '; 'III 'r. '" '. ! '.II r":II'~I~I~i ~~. tJH ~...,' ;~Io j' j I 1"~" ~iij ;:' II , , "if .,1..' "'I' I , i: II I', ;-i I~I:'" !!': ,;~.; j: I ,.--...., , illi~ ~!'l .~.. ,: . i I' ~ ::I ~11 .1; :11 jl I~ i i! I .1;. ''':: '" "1 i, Ii Ii 1 I i 1'''1 "I :i',! ~i '" I'... l~ .!'d I !~":il ' , II . I lil'illlllllll~m!li!ill' :c"~r:~ :ii '11::1' :,~ ~ "~i ~)~ !11'll '( j! I, 1 II l~~~ ! ~i:~ l;U ';'i -~;: t J l~;; ; !,.Ij ; I-~;':: -! ft 1 :f1~ '! ';,I;;! . ..I,. ~ , , .. i: )( I' ii .. '0 ;L I.i ~I ''I' j" ; !! !, l! l;~!' I .J 'I'" I ",' . 1;.1 ..Ii. , 1'''1 !~If n j;i: ,. , ,,~:5 -&SI 1,'1 i;,. ',j . . 'I~.."'~ '1- ""Z ." ::1- ';''''- :I~ ~ =::,.. . .: EXHIBIT "F" ... i \...,- ! ' .,c J ?t \0- as 2- i ~ Q Ll) , 1JI u '" I.IJ .~ v '" .~ ~ J (YIhJ Ie ! d -at ~~d : [~~ .! '2 ~ ~- _l< ~.u w* 9l{ '2' , ~ i;j III '" ill r- , II ~ ! Il U. '~ '-' ~ .. ~;~I . ~fi. r '< ~ : _ Q)l.1) ~ '.' J.ltt!! ,. , lt~~ :~ t a! g o .' -- ~~~ . .. ill' ~ , - - ~ o V) ~ Vi aT~' . .. ':: :T~' ~l.: ..I . w , , 1 .1 I;Ili . .. 1S" ..: 1.'. L;. ~; { iV ~ , ~ 11 .' ~ ~ u . ,L ~ J ., r ,- - J.' ~-....... ~ :;... ..........:... ~ i' sl.-'I' ~ -..:: ~.~ ~ ~,o "'t+- ~ .. ..... \ \ . _ IV -- ~' oJ '\. .J .~ .: . ~ ~'----' (\/~ ~~ f.~ ,I)., ~" )- ~ ill~ ~ a: oil' ~ 0 3 ~ ';l~ 'f. ~~ J .1.tJ ~ 'Q'~ ~ ~ iii -Ii {2. ~ :?krl ct v '<~~ ~ f ~~~ ~ ~:.J - I- 0 q ::!i' \,.I'l~ Lu Ii i1" I\. \tJ i'j~'i' <:) ~~ '2 <t ~ ~,,~~"' ~ ~>-~n~ 0::: 0'" ~1I.~ 'J,,~ III ~ J~ <J ~-( & j~~ 3; =l: ~$}~~ llt" {- ~ Jt'-JV'l I- ~tJ~ (\. It.I515J~ ~~~ova "J~v~2t . . ~ ~ b ~ 6~~ ~o " ~ OrJ) \r'lrn. be z~ 9~ t-<c( ~~ ~~ ~~ ~~ ii: --" -'.- ~ ~ $ "i rn eO S ~ ..... .... ~ ::.- .~ t \JJ rn ~ f- " \r'l en. o ~~ ~< co ~5 ~~ ;;. e~ %0. ~~ g~ ~o o en. u~ 0.. ~ ~ on - -e 6 ,.. N r- ~e ~z o~ r- , 'k.... o~ ~~ Uw ~~ t--Ul r.n'"' ~'r\ ~-'. . 0 r.... U ,>" :- -;. :<.U ~/ ~ % -0 ...... rn ~ ~ <- \ % 6 --- .; ~ .- -~- ~ ~ ~ ~ <I'l - p..~ .- ~ ~..... r.n,B ~ ~ p.."'a) ~ s o .~ en.~ "d I a - " \r'l ...... --- EXHIBIT "G" , J -;'--/ EXHIBIT "G" ~ ditions of Approval Project name: Shoppes of Woolbright PCD File number: MPMD 97-007 Reference: The plans consist of2 sheets identified as 2nd Submittal. Master Plan Modification. File # MPMD 97-007 with a Januarv 16 1997 Planninll and Zoninll Department date stamp . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: L Provide a copy of the agreements allowing storm water from this parcel to be treated on the P.U.D. property. The off-site storm water retention pond is expected to be maintained by the P.U.D., whereas this project is in the P.C.D. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 2. Master plan needs to be signed and sealed and dated by design professional. 3. Due to the proposed subdivision of the property north of Home Depot and relocation of the property line between Home Depot and the subject property, platting is required. 4. Show on master plan a 4 foot sidewalk abutting the "Future Retail" and "EXPO Design Center". Provide accessibility to commercial buildings with sidewalk on the south side of Purple Heart Way. BUILDING DIVISION Comments: 5. Add to the proposed master plan notes and symbols that represent the location of the required accessible parking spaces. The configuration of the accessible spaces shown on the plan is inconsistent with the accessibility code. Also, add to the required parking calculations the computations that would determine the minimum number of required accessible parking spaces including identifying the number provided for the improvements proposed with the subject request. [Florida Accessibility Code for Building Construction, Section 4.1.2(5)(a), Parking Spaces] -, o Page 2 Shoppes of Woolbright peD - EXPO File No.: MPMD 97-007 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None FORESTERlENVIRONMENTALIST Comments: None PLANNING AND ZONING DIVISION 6. Provide clause on the survey stating property was abstracted as required by Land Development Regulations, Chapter 4 Section 7.A. 7. The required 25 foot landscape buffer along the northern property line shall be included entirely within the PCD boundaries and not encroaching into the public right-of-way. Correct location of buffer accordingly. (Proposed settlement revisions will waive this code requirement. ) 8. Rep lat shall include a landscape buffer easement dedicated to maintenance association (or others) in Purple Heart Way to ensure maintenance of landscaping by someone other than the city. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 9. To be detennined. ADDITIONAL CITY COMMISSION CONDITIONS 10. To be detennined. Ibme J:\$HROATA\PlANNING\SHAREO\YJP\PROJECTS\SHPS'NOOL\EXPO\CONO. OF APPROVAL-MPMO.DOC\ ... ....~ EXHIBIT "H" /) --- , ( ,:-:;/-.. ~) EXHIBIT "H" Conditions of Approval Project name: Shoppes of Woolbright - Expo Design Center File number: NWSP 97-024 Reference: The plans consist of 12 sheets identified as 2nd Review. New Site Plan. File #NWSP 97-024 with a Januarv 16 1998 Plannine: and Zonine: Department date stamp markine: . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: L Department of HRS permits will be required for the water system 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 requirement of 1500 g.p.m. as stated in LOR, 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 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 final meter size, or expected demand. The reservation fee for a single 2-inch meter is $2,106.72. 4. Provide an engineer's written certification that drainage will conform with all rules of the city and the South Florida Water Management District. (LOR Chap. 4. Sec. 7F) 5. Final drawings shall include appropriate backflow preventers will be required on the domestic water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. 6. The final engineering drawings shall show the connection of the proposed water main to the existing water main north of the project site. FIRE Comments: None POLICE Comments: None '-'1 / , I. .---.., '<..... Page 2 Shoppes of Woolbright peD - EXPO File No.: NWSP 97-024 ENGINEERING DIVISION Comments: 7. Add a general note to the site plan that all handicap stalls shall be built in 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 thru all driveways to delineate pedestrian path. [LOR Chapter 23, Article ItP.] 9. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as FOOT, PBC, SFWMD, DERM, L WOO, 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 all rules, regulations, codes, etc. as required in LOR, Chapter 4, Section 7.F.2 and Chapter 22, Article II, Section 7.A. and 7.0. 11. The interconnected drainage system for Home Depot shall be completed as part of the permitting of the design center. 12. Change the "9 foot" dimension shown half way into the 5 foot access aisle on parking detail to the center of the blue and white stripes to the left. [Standard Drawing B-900 12] 13. Show the 4 foot concrete sidewalk I foot off of the south RJW line of Purple Heart Way. [Standard Drawing B-91005] 14. At Purple Heart Way and S.W. 8th Street show two egress lanes for north and southbound traffic as stipulated in Resolution No. R96-65, Settlement Agreement. IS. Add an appropriately located W14-1 "Dead End" sign per FOOT Index 17349. 16. It is recommended that construction plans for Purple Heart Way shall be submitted at time of permit request to construct design center, including streetlights per agreement between Morton and the city. 17. It is recommended by the Technical Review Committee that the S.W. 8th Street main access to Home Depot be changed to ingress only. This intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic. due to the new design center, creates a traffic .., n -~ ( Page 3 Shoppes of Woolbright peD - EXPO File No.: NWSP 97-024 -- hazard. Ingress only from S.W. stn Street will encourage use of Purple Heart Way for southbound traffic exiting the PCD. Driveways onto Purple Heart Way were not approved as part of previous master plans. These driveways provide a safe solution to the existing southbound traffic problem caused by conflicting V-turns and left turns at the main entrance. BUILDING DIVISION Comments: IS. Add to the site plan, landscape plan and site drainage and utility plan notes and symbols that will identify and represent the location of the accessible route that is requirea from the abutting street to the accessible entrance ofthe 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] 19. Add to the site plan drawing a detail drawing of the curb ramps shown 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.S] 20. The title of the plan that the sign drawings are attached to shall be 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. 21. The proposed 270 square foot site sign exceeds the maximum 160 square 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 3.8.] 22. Indicate and show on the site plan that there is no less than 10 feet between the leading edge of the site sign and the adjacent property lines [Chapter 21 - Sign Code, Article III, Section] 23. To properly evaluate the proposed wall sign identify the length of all 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 (1-112) 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.] ..,. '. -. Page 4 Shoppes of Woolbright peD - EXPO File No.: NWSP 97-024 - PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 24. All 25 trees shown on the tabular form (sheet LP3 of 4) must be replaced 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.] 25. Submit a management plan document for the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way. Include in the document the following note: "area shall be hand I!I1lbbed 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.] 26. The landscaped berm on the rear of the site along the Florida East Coast 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 27. Provide clause on the survey stating that the property was abstracted for right-of-way and easements, as required by Land Development Regulations, Chapter 4 Section 7.A. 28. Substitute the violet and pea-green sign colors for one of the eleven colors of the approved sign program. 29. Roof top equipment shall be completely screened from view as required by LOR (Chapter 9, Section II.E.). Add note to elevations that if roof equipment is visible from a distance of 600', screening will be provided. 30. Install a dead-end sign at the east end of Purple Heart Way where it intersects with the easternmost driveway to the new design center. 3l. Elevations for the future retail space will require review by the Board and Commission. 32. Signage for the future retail space will require review by the Board and Commission. J- (.. / Page 5 Shoppes of Woolbright PCD - EXPO File No.: NWSP 97-024 33. It is recommended that the required hedgeaTongthe west side of the access aisle that is located east of the 49,106 square foot outbuilding be deferred until the outbuilding i:; constructed. 34. Square footage totals of outbuilding and retail space east of outbuilding must be revised to not exceed the approved 157,000 square feet. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 35. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 36. To be determined. /bme J:\SHROATA\PLANNING\SHARED\WP\PROJECTS\SHPSWOOL\EXPO\CONO. OF APPRQVAl-NW$P.DOC " 7' , , - ') ('-' __0~01/9~ WED 12:32 FAX GREE~BERG FARROW . FROM , SU'"HER" - U:--'SSILL BRENNAN 10, HAR-Z~-ge 08,4.... ~ ~002 PAGE 2/3 CITY OFBOYflITON HAC'll MIMORANDUM 'f.'- h : 5,,1.., .5 lv, '" s<..I"_ /',.11......_ TO: BWeQt ~ Dlrc;torgfDweIoJlllUllll Mi.cblclI. pawelczyk. Asaimm City Acromcy J Itf HameD.,t &po Cl!lIItIll" ~ 2', 1998 FlWM: Q; DATE: PunwInt to oor telepllODll COIMftIItion ye&1Uday lIlOI'Iling, I ha~ macbcd doQlmm1alion fbrw.rded1O this om.:cby IIImC6Ior111al. !sq., anonie)' fbrRorae Dqlot. fvtmyrmcw. Jo~~ it COd~-= elated Mlreb 20. 1991, requesliu&:mricw ofdle lIIIifiedc:oatJul pnwilioa fbuDd in thl, AgrRID.eor k..&...dibi Fuztbcr Development 11) be "",~..d iJ!to be1W=n S"h-'in 1IZIIl.Hamc D =pot, U.S.A. With raspect to tIuI "..;~" ~l pmvUion towJ4 m pattFIph 16, it II ace Ip'l*ble IIlI to lepl. !anIl aa4 is SQfficieat to evidtDce .mifiood CiCIIIIlVI, pmWIed dJat tbe cIoc:lllDent is reconiecl in Ib.e public recorQI of Film. Belch Cll'WltY, Florida. Ix. !ill1a ollbi. memo 10 rim lordm, I am nqV~I\B tiI"t be i.._ a =viaio!l into the a&nlCm_ iDdic:IItine: ...... ',,- ececlJticm, the ~ shall be ~ ill tl!Ie pultlie --.A. of"Palm ~ CouaIv. Florid;!:.. Mr. TonIan........"lp(od~ of March 20, 199& a.IJo qUClSiona how tlle tBmpOllrY lltility "It .1eIIt dlat 'Wu 1d:il izcd ttl proviOe cbiaap tD tile oIlldoti'1l Home Dqx.t trKt l1li4 the ScharIin lftet iI to be rclcMed III ta-i...-. Mr. Iorde indicates tlW theft ill DO Ioupt a ued." the --ent _ tbat the dr8iIl..,lina have bae iD....1W Do you ~ In a tcI..9l>>'" CDI'IYCh8i'ioa, Mr. Tore IIIlIlCllld that Ibis ClUemcnt!w beeu rcltlllllC1 plelllllt)' piee~ on doc:un1cnta IipDIbytheCity. Ale you aw.reofwhat~Il-"'beis ..a..iL.e to? J)'CClPYofthil ~ I IIIII tlIillllltiDr lhm Mr. 1Oft!an pmvide - ""'0" of die tc:mvQtaIY ~ ,...t (wu lIDt 8ItIclIed to MI%cb ~o*~) Ill:Id a copy orono crthe ~l._ .l"",.__ to thUI ofiicc. PiDally, ~t-f is a OJPY of.,..d..lpOodcace dared Mueh23, 1998 ~ aJlftlPOl84 DIIioIp ~.emeaUR 11\ Home Depot rcla1mg to hrp~ Hart Way. Thllepl form oflh. eanlum ia ~Ie; he_cr, your cleplll1mllllt shaulcl review tile docllmUlt fbr Cl:lIItenI md -1B!;'\ltl i_ lClatel!, to tile project. II tlliI A required euemeat for the plDjeet? 1hll Marcl123- COl:fClIIC'~-. allO aks wbcIher 8DOllla' elII~ is requind 8# to d1c cIrIIiIllIl!e IiDc: located in the Jisb1,-of.way olPurple Heart W _'/ IIIld SW S-- Stn:et. In other wants, mull-III eutmfllt be gI'IIlled bJ' the City lor IItOIII1wllter to NIl. __ SW 8* Sueet into the cIIIiJIap llOnd aaoa lhe 1tnIet7 I wo IIld aJY tIlAt sucl1 an _t is nct Rlquized 15 !he .net baa altudy beea datiellU'd via pIc to be', WI=- for II pt1llli~ purpo~. ~-~.!\--,\"l \1::>\ 3.",,," 'l~ ~ ("<.,,\~..;) ~ re~."~' . 03/%5/98 WED 09,.8 [TX/RX NO 8225] _.__04/0119_8 WED 12:33 FAX MAR-25-S8 lOa, 46 FROM. su'rHERl GREENBERG FARROW ~D .ASBILL BRENNAN I D I PACE Ywr 1.....-U1te 1ft iC'W ucl._......- illIppnlCiatld b)' Mr.101dan.1II Hmue Depot Elqlo ill ....,.6.c to clo.. Ul the punibIIc offbc prapcrry 1his Friday, Man;b 27, 1991. PIcue pnMde your ~..,.,. ASJ P. i'Imrlk you for your .";"'Uce. Call if you ha\'e Il1y qu8lCioas (EXT 6OSO). 81.(2) u\.....tb.,. ~c....,.,.... ~1ArIIIIftI&)l c:c: 1... B. 1~ 1m, E.q. (1\'10 -"I_Xvia'" . 'It to 404ISJ~ 03/25/98 WED 09:48 [TX/RX NO 82251 ~003 3/3 CITY OF BOYNTON BEACH MEMORANDUM .~ I, - JIJil MAY"': ~_.~. :_..___._-1 i~', I,J ":i~ '}m -r'I' ';"C;;T TO: Bulent Kastarlak, Director of Development Michael J. Pawelczyk, Assistant City Attorney)Z,Of Home Depot Expo Project FROM: RE: DATE: April 30, 1998 Attached hereto is a facsimile transmission from the law firm representing Home Depot Expo. The letter references an amendment to the drainage easement. Apparently, the original easement covered the entire property, while the purpose of the amendment is to limit the easement area. The legal form of the easement is acceptable; however, through this memo, I am soliciting your comments. Please advise at your earliest convenience. Enc!. ca\develop\woolbright\home depot expo\kastarlak memo 2 cc: Tambri Heyden, Planning Director .-r - '.LIII!), ASBILL I ---W :"J.. _II IIACB~. ~~, .... a~a, GlOIQ~ JOSO'-"" n~TMT".1P. .Ron~~'tt AN" n&NmrTT'!'AT. nrwnnr.alJlTnW ~omr ~im. of "qu..~: a.m. 2:10 ~.m. Date: April 29, 1998 UKI 01' nm:rv:rDUUo. ~. Hike Pawelozyk DXB OJ' J'lUI C1tJ of IOyDtOIl a.aoh CI~Y . '~~TB/co~a~. Florida ml UBa CODII/UUftOHII BOI SI1~S7l~'0I. JlD'DJQtCB I Home D.pot/Boynton 14585.02 IlUJlBD OJ' 'AGI', nrcLUDDrG UU"I'I'D%. 'UII 10 'rBLBPBOD JIO. 1'0. ClODIJlICA!l'IOll 01' ~JWf8JU8s:rOJh .AXII OJ' DIIlrnDlJALl Bailey K. Golomb DQX: DIUeit' DnL JIIlDIJU (404) 853-8554 J'Acsrxru DClHDm. XEROX 70;11 (CCZ7"l' GrO\1P. 2 li 3) 404/853-8806 (Auto) ....a;. t.. ~pl!n.hl.l Attached tor your review and approval i. a copy ot the proposed Amendment to the Drainaga Ea....nt to ~e executed by the City of Boynton Beach and Hom. Depot U.S.A., Inc. The AlIlencimltnt i. for the purpo.. ot lillliting the ....m.nt are. a. the original Ba.gent oovered the entire property. Pl.... advi.e of your approval at your .arlle.t convenience. If you have any que.tiona pl.aa. do not he.itate to contact me. Time of Transmittal: operator'. Name a.m. p.m. Pl.... call if you de not receive all the page.: (404) 853-8813 (404) 853-8814 A&t.-nliDa..mm Ill: I_B.1ordan Sulllwiand,AIbill "B_ LL.P. 999l'aohtroo s-. N.E. AIlM... Clom1ia 30309 AMENDMENT TO DRAINAGE :Jr..\!llr.M1l'.NT THIS AMENDMENT TO DRAINAGE EASEMENT made this _ day of 1998, by DOME DEPOT U.s.A.. me., a DelaWll'c ccrporatiOll ("Grantor") to and for the benefit of the CITY OF BOYNTON BEACIL FLORIDA ("Grwee''). Bilclcfl'OllM &st._III WHBRBAS. Grantor and GraDtee entered into that certain Drainage Easement (the "Easemllllt"). which Enement was filed for record on April 3, 1998 and is recorded in Official Reeord Book 10320. paael642, Palm Beach CoUllty Records, Florida; and WHEREAS, the parties wish to amend the Easement in order to limit the BuemCllt to the areas of Grantor's property described in RThibit ~ attached hereto and made I part hereof. NOW, nmREFORE, for and in ccll$ideration ofTEN DOllARS ($10.00), and wtain other aood and valvable collllideratioD, the receipt and sufliclCllcy ofwhich are hereby acknowledged, Grantor &ad Grantee asreo u follows: StIltelfW/t of Ag1wmat 1. Grantor and Grantee hereby lDleml the 1'l.~ent 80 .. to limit the easement granted thereby to the real property described on F.Yhibit A attached hereto and made 8 part hereof. 2. Except .. amended by this .4'I'endll'ent. Omrtor and Grantee agr1lC that the Easement shaI1 otherwilll remain W1changed and in fiUl fo~e and eIf'eGt. Any capitalized terms not clefined herein shall bave the same meaning ucribed tlulreto in the Easement. IN WITNESS WHEREOF, Grllltor sed Grantee have caused this instn:mcnt to be duly executed, sealed am! delivered on the clay IIId year firn above written. GRANTOR: HOME DEPOT U.S.A, INC. By: Name: Troe: Witness Print Name: Witness Print Name: STATE OF GEOR.GIA COUNTY OF The t'ol'\lgoina inatrumcnt was adalowledged before me this _ day of . 1998, by of HOME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation. Notary Public My Conunission Expires: HllmlcraMIN4S1'._-...m _199I2lO2"", _.._.. _ ,__",w.'_"_ GRANTEE: CITY OF BOYNTON BEACH, FLORIDA By: NllDle: TItle: Witness Print Name: WitneSl Print Name: STATE OF FLORIDA COUNTY OF The foregoing iMU'umllllt wu lclmowIedged before me thI. day or . 1998, by of the City of Boynton BeadI, Florida, which individual is penonal!y known to me or has produced a driver'. license u identification and who did not take an oath. Priut Name: Notary Public:, County of State of My co...mi~aion e:lq)irelI: [NOTARIAL SEAL] "_45".~'llIl.AWD ....'2M'" 2:C... _.,~--~-_.' -. ..---- .-. EXBlBIT A Lepl Dacriptloo Drv Detention Area #1 A portioo ofTnll:t "E", SHOPPES OF WOOLBRIGHT P.C.D., Pm of WOOLBRIGHT PLACE, P,U.D., being a replat ofa ponion of LAKE BOYNTON ESTATES PLAT 3, Iituate in Section 29, Township 45 South, Range 43 Eut, City of Boynton Beacb, Palm Bead! County, Florida, acc:ording to the Plat thereof recorded in Plat Book 65, Plies 137 IIId ] 38, Public Recorda of Palm Beach County, Florida, TOGETHER WITH a portlOll ofTI'ICt "A" (alJo known as: Morton'. Way), WOOLBRIGHT PLACE PLAT I, according to the Plac thereofu ~rdcd in Plac Book 67, Pap. 47 through 49, of the Public: Recorda of Palm Bead1 County, Florida, more particularly deac:rlbcd u follows: COMMENCING ac the northeast comer ofaaid Tract "E", laid point also beilIa the southeast COllIer ofsaid Trac:t "A"; thence N01.34'16"W, alOlllthe east 1iDe ofuid Tract "A", 30.00 feet to III intersection with the lOuth riaht-of.way llne of Morton's Way (AKA: Pulple Heart Way) per Rosolution No. R96-1 I, dated 816/96. rmWedlll 01flcit1 Rocord. Book 9397, Pap 1199 of the Public Record. of Palm Beach CoUDty, Florida; thence S88 oZ6'13 oW, alolll said south right. of-way line, 505.45 em to 1hc POINT OF BEGINNING; thence SOO.35'28"E, 53,53 feet, thence S89048'2'"W, 262.591'oot; thence Nonb, thence NOOoOO'OO"W, 47.26 feet to a point Oll the atbresald south ri&Jrt.ot'.way line of Morton's Way (AKA: Purple Heart Way); thence N880Z6'13"E, alona said south right-of-way line, 262,14 feet to the POINT OF BEGINNING, Said land CODtainina 0.30 acres (13,220 square feet) lying in the City ofBoyntoll Beac:h, Palm Bmm County, Florida and isllhown 011 that certain sketch entltled "Sketch If. Deamiprion - Dry Deteotion Area #1" prepared by Avirom & Aaaoclatn, Inc. beariIIg the seal ofMlchael D. Avirom, P.L.S., Florida Resistraiion No. 3Z68, dlted Man:h 31, 1998 (1ob No. 5364-5), which sketch is incorporated by this refetOllce and made a part hereof K_.'Il.O__.AMD OlM(\\IlII %:011"" __.________M_. ,.'_" .~ D.... Detention Area NZ A portion ofTrad ''E'', SHOPPES OF WOOLBRIGHT P.C.D" Part ofWOOLBRIGHl' PLACE, P.U.D., beina a rcplat oh POrtiOD ofLAlCE BOYNTON ESTATES PLAT 3, situate in Section 29, Townahip 45 South, Range 43 Eas1, City ofBoyntol1 Belch, Palm Beach County, Florida, according to the Plat tbercofrec:ordcd in Plat Book 65, PIIII 137lU1d 138, Public Recorda of Palm Bcagh CoWlly, Florida, TOGETHER. wrm a portion of Tract 'W' (1lIo laIown u: Morton'. Way), WOOLBRIGHT PLACE PLAT l,lIllllOI'dilII to 1he Plat thereof II recorded in Plat Book 67, Pilei 47 tbrough 49, of the Public Recorda of Palm Bcad1 County, Florida, more particu1arly deac:abed II foRows: COMMENCING at tho northoaat comlll' of said Tract T, aid point also being the southeast comer ofsud Trad "A"; theneeNOlo34'160W, along the out line ofllid Trect"A", 300.00 teet to an intenoction with the south right-of-way lInl ofMonoll" Way (AKA: Purple Heart Way) per Resolution No. R96-11, dated 8/6196, recorded in Ofticial Recorda Book 9397, Page 1199 of tho Public Record. ofPIlm Bcad1 County, Florida; thlllce S8So2(j'13"W, alons said south right- otway line, 172.00 feet to tho POINT OF BEGINNING; thence 503 o10'57"E, 39.71 feet; thence S89051'03"W, 257.56 feet; thence NOZ039'55"W, 33.34 feet to a pointOD thllforellid 10mb right-of-way line ofMonon'. Way (AKA: Purple Hcut Way); 1heDce NSSo26'13''E, along said south right-of-way JinIZ57.00 till to the POINT OF BEGINNING. Said land containina 0,22 aercs (9,390 IqUll'e feet) lying in the City ofBoyntOD BOIeh, Palm Beaeh County, Florida and i. shown on thu eertain skoich ttUltled "Sketch" Deterlption - Dry Detention Area #2" praparecl by Avirom " AIIOciatea, ~ beariDs the seal ofMicbacl D. Avirom, P.L.S., Florida RcgistrllUon No. 3268, dated March 31, 1998 (lob No, 5364-5), which sketch i. incorporated by thi, reference BIld made a put hereot: R.~"".ll2lCUlN-D.AWD __2~... ................-- .:iKETCH & DESCRIPTION DRY DETEN'T10N AREA 11 A ltOIl'ftON rI nw:T -r - (~,.. ... PaS. 137 . 1.1" Po'.C.Il) . A PamCIN or TRACT -4- _ (P... 17. PQI. '7~ '.Lt.,..) N01ES: 1. Roproductlono of thl. SIc.tell 0.. not 'Iolld ..llI1out tho olgnotu.. ond tho orIqlnal railed .Ial of a F'lorlda IIcen'ed surveyor ond mapper. 2. Landi Ihown hlreon wire not abltrQcttd by Awom . A..oclat"_ Ine.. for Ecalem,nte, r'intl-of-way, own".hlp or other In.trument. of record. lnolNm.nto of record en por nHo Commltmont No. F'A-C-1429, prepared by "'rst Am"'con nH. In.uranc. Compony, datld F'.IINary 4, 1 gg8. 3, lh. lond dIlIcrlptlcn oIlown horeon .... .rep,,",~ by tho SUrveyor. 4. eoorlngo ,hewn hereon or. ba.od on til. Plot ..1111 tho Narll1 Un. of Trocl E, hovlng a beorfng of NeS':2S'13.E, 5. oato .hown horoon _ aomplled rram Inotrumont(.) of r_rd and dooo not con.utut. 0 bounclory OUrYO)'. 6. "'bbrevlatlon L.gend: t - Centorllno; COR. - Comer: O.Il,S. - offlclal R.cordo eaok: p.e. . Plat eook: P.S.C.R. . Palm eoach Caunly Rocord., PGS. . Pogo; P.O.S. . Point of eoglnnlng; P.O.C. . PoInl of Commencement; R/W . Rlghl-of- woy. LAND DESCRIP'TlON: ... portion of Tract "E., SHOPPES OF' WOOLBRIGHT P.C-O.. Fori of WOOLBRIGHT PUCE, P.U.o., bolng a "pial of a portion of LAKE BOYNTON EST"'TES PLAT 3. oltuol. !. S.ctlan 29, Townilhlp 4! South, Rang. 43 Eo.t. CIty of Soynton ilia"", Palm Soocn Caunly, Florldo, occordlng 10 tllo Plot tIle"of rocarded In Plot Soak 8e, Pogoo 131 on. 13S, Publla Rocor.o of Palm eooch Counly, "'artdo, TDGtlHEIl W1n4 a portion of Tracl ..... (aloo known ao: Worton'. Way), WODL!RIGHT PLACE PLAT 1, ......dlng to tIlo "lot Iho..of o. rooord.d In Plot BOOk 87, Page. 41 II1rough 49, of Ih. Public Roaord' of Pclm S,och County, Florldo, more particularly doocrlbed 01 followo: COMl.lENCING at Iho nart~...t comor of oold Trocl "E., IOld point oliO belng Ih. .0uth.OII comer of .old Tracl .A'; Ih.nc. Nol'34'18'W, 0I0n9 t~. .o.t IIn. of oald Tract ...... 30.00 fl.t to on Intor.octlon with the oout~ right-of-way IIno of Worton'. Way (AKA: Pu~l. Heort Way) per R..olutlon No. Rile-II, dotld S/8/98, recordod In Offlolol R..erd. loole 9391, Pogo 1199 of Ih. Public RKard' of PoIm S.och County, nerldo: I~ona. saS'28'13'W, oIong .old _Ih right-of-way IInl, e05.4e toot to tho POINT OF BEGINNING: Ihon.. SOO'3S'2e"E, 53.53 foot; 1I1'"CI SI8.4t'2"W. 282.59 fHIl then.. NOO'Oo'Oo.W, 47,28 '001 to 0 point on thl olorlOold ooulh rI9~t-of-woy 11n. of t.lorton'. Way (AKA: Purpl. H.arl WOy); th.nc. N8S'28'13.E. along laid ooulh rlghl-ol-woy lln., 282.14 tool 10 Ih. POINT Of SECINNING. Sold land. lying i" Ih. City of Boynton Baoch, Polm S.och Counly, Flarldo and containing 13.220 square f..t. 0.30 ocr.l. more or IHI. CERTIFICATION: I HERESY CEllnrv thot the otlo"""d Slclt"" ond Co..ripHon of thl horeon do.crib.d preperly I. tN. and correat 10 tho boot of my knaWlodgo and bollof .. preporod under my dlroallan on 3/31/98. I FURTHER CERnrv tIlot Ihlt Skolch on. ooocrlptlon meet. the t.llnlmum Technical Slondord. ..1 ,ort~ In Chapter 81G17-8, Florida AdmlnlltrotlllO Codo, purluont 10 Sactlon 472.021, f1orldo Stoluto.. AJl ->2~ .Av.....~ t 'MICHAEl. O. "'"ROIl. P.L.5. Floriclc R"Illotratlon No. 32e8 ...V1ROfot '" ...SSOClA TES, INC. L.e. No. 3300 JOB , 5384-5 0"'TE; 3/31/98 .'-MaT 1 OF 2 m AV_IlAAOOIATII..1NC. .WlWY_"_~_ . &W. _ AVM.& ... tal MOA RATON, PIoGMIA ..... ,.. ~ II. .:'~..~AX can ....na RE\1$1ON, _lID _/21/1' (M.....) .- - :<ETCH it DESCRIPTION DRY DETEN110N AREA #1 A PalTl()l Cf TItlCT ... . (P8. 65. FCS. 131 t lJ& P.B.C.R.l * , po~nOll OF ""'eT '," - (P.'. 17, !'OS. 47.'" P.LCA) S 01 'J. '16' r ....-:- BO.OO' ---'r- 1;-. t; 'r ~~ .> ~ ... 12~ .1 ~ ~ ~~ I l!ll ':;\ ~ l "I &1"i2V..., ::\ ~ III ~l I \ P.O.B. ~ ~ SCAl.E: l'.~O' ... ~ I tj~ I ~5 ~: I ril~ I ~~ I I 11 I . Q, '< . . ... I ...'" u. ~~ I L-. \ I :-'1 .., ~\ ~\ ~ en \ . I ~ ~ I \ ,y '9'J1 'r B" W ) 40.,B'')- --...I Q) _ S .!!~.!:B:':' -l"!:!.."-1t..r- P,O.C. N.E. COR. T1lACT "E' (P.9. &&. PCS. 137 !c US. P.S.C./l.) Sot. COR. T1l...CT ',.' (P.B. 67, PGS. 47.49. P.e.C.R.) 1# 01'J4'16' If Jo.oo' S (J(r:J4'Ztl" , .5.153' r----- ~ . l- '" <J a:~ ...'" 50 ~al '~~ t5ol1 VIi::; ~- ~lIi lljli >- i ... ~ I SOUitiERI. Y 30' Of R/W A9ANDONEO "'\--PER CITY OF BOYNTON BEACH 1"0 I RESOLUTION NO. R9S-11, OATEO 8{6/se ~l (o.R.a. 9397. PC. 1199 - P.S.CR. S 1# Jr,,'zo' r l f 46.'J' .- .- - .- .- ~ S~~'1 S.'H. S AVIROM..A8eoclATII.. INO. REVISION; _ftYWClI<__CI . OI\lUll 4/2'/" (U.u.K.) .. LW. _ A~.... ,. MOA ''''TaN. ~..... ,... .. ... aN.. "AX .... .....,.. JOS , '3&4-5 0... 'FE; 3/31/9B SHEET ...LOP _1- )KETCH Be DESCRIPTION DRY Drn:NllON AREA 12 A PORnON IS l7UCT 'r - (P.B. S5. PC$. !37 . 138. p.e.CJl.) ... A IlClI~CN f7 TllACT ,,,, - (P.8. 11. POt. "-41. P.a.c.R.) NOTES: 1. Reproductlont of thlt Sketcn Qre not valid without the !I19noture one the orlg'n.' rallld SI.I .f . "arid. IIcen..d lurwyor and m.pp.... 2. L.andl shown hereon were not obltrocted by Avlrom tic "..oclat... !nc. 'or Ea.emont.. rightl-of-way. o"nlrlhlp ar .ltl.. 'nltrumantl .f r..ord. Inltrum..tl af racord Gr. per TIU. Commltmlllt /10. FA-C-1429. prepar.. by Flrol Amerlc.n TlU. 'n..rane. Comp.ny, dat'd F'lbNary 4, III!. 3. Th. I.nd d.lcrlptlon t/lawn ~"oon WCItI prop..... by the SUrvlyor. 4. e..rlngl lIIawn h".on art baa.d on the PI.t with tn. North Unl 01 Troct E, h"'ln; a b.arlng 01 N811'2I1'13'E. 6. Dato eI'IOWfI M".on woe complr.d from i,."trumtnt'.) of ...cord and QO.. not C.nSlltotl . boundary "'~. II. Abbreviation ~.;.nd: t - Centerlln.: COR. - Comer: O.R.e. - Official "ecorda eook: p.e. - Plat eook: p.e.c.R. . Palm eeach Cour.ty R.cOl'do: PGS. - P.;" P.O.B. . Point of B.glnnln;: P.O.C. . Po'nl of C.mm.nc.ment: R/W . Ifl;ht-ol- Way, LAND DE5CRJPllON: " pori'on al Troct 'E', SHOP,"ES OF' WOOl.SRIGHT P.C.O., Part 01 WOOl.SRIGHT PLACE. P.U.O.. being a rllllot of 0 port!.n of LAKI!: BOYNTON ESTAn:S f't.A1 3, .ltuote 'n S.ctl.n 2a, Townlhlp 45 South. R,,"g. 43 Ealt, City af BOjRton BlOch, Pelm BlOch C.unty, F'Iarlda. .ccordlns to tIl. PI.t therool recordld In Plot Book 85, Page. 137 ond 138. ,"ubllc RlCordl of Poll'll B.och County, norido, TOGETHER \\ITH . portion of Troet "A- (oliO known a" Morton'. Way), WOOl.SRlGHT Pl.ACE Pl.AT I, accoroln9 to the Plot thereof 01 rlcorded In Plot Book 117, Po;.. 47 t~rou9h 48, ., tho Public Reeoro. of Palm B.ach County, "arldo, more portlcularly dnerlb.d al lollo"a: COMMENCNG at the nartheaet -..er of laid Tract "E", aold point ellO b.lng thl 10Uth.O.t comer 01 .old Tract 'A', thence NOI"34'111'W, oIon; tne IOlt IIn. of laid Troct 'A", 30.CO I..t to on Inter..ctlon wIth the lOUth right-at-way IIn. 0' lotorton'l Way (AKA' Purple l1.crt Woy) plr R.lelutlon NO. flaB-II. dot.d 8/8/98. record.d In OtIfdol R.cordl Book a3a7, POI/' "88 01 thl Pullll. R.cordl of POlm Beoch County, Florida: tIlence SBB'28'13'W, olon; laid .ovlh r19M-af-way 11n., '72.00 I..t to tile POINT OF BEGINNING: thence S03'O'07"E. 3a.71 lilt: thence SBa'O"03'W, ~7.0B feet: th.nce N02'39'!5!5"W, 33.34 t..t to a point on tne oforoaold lOultl rl;ht-of-woy IIn. of Morton'. way (AM: P..."I. H.art Way): Ihence N88'2I1'13'E. oIon; sold .auth right-aI-way I1n.. 2157.00 I"t to Ine POINT OF BEGINNING. Sold lands Iylnq In the CIty of Boynton Booch, Palm e.aCl1 County, Florida and contalnln; 9.~90 .quare f,.t. 0.22 acr... mOre or I.... CERllFtCA liON: I HEREBY CERTIFY Ihot the ottoched Skatch and O,"crlptlon of tn. heraon delcrlbod prop.ty II true and CQrr~t to the bllt of my knowtld;e and blUef 01 prepared undor my dlrl.tlen en 3/31/98. I F'URTHER iXRnl'Y tnot WI Sk.tch and Oeeerlpllon m..tl tn. Minimum Technical Stondardl ..t forth In Chapter 81G17-6. Florida Admlnlstr.ttw Cod., pursuant to Se.tlon 472.027, FlortClcl Stotutal. &- or~~-::r MlCHlln D. AIIlROI\I. P,LS, Florida RI9,.trollon No. 3288 "V1ROM de ASSaC" res. INC. LB. No. 3300 Q) A~II"'''OO'''TlI'' 1110. _vavlll..II__ .. aw. _ ..~ ..,.. '\M MGA .faN. III.OMIA ..... f&" c.- .......... .... .... .....,.. REVISION. M\IIIll '/Zl/" (u.u,'.) JOB * 5384-5 D" 'It: 3/31/98 SHEET..LOF J.. - SKETCH & DESCRIPTION . DRY DElENTION AREA 12 A patnON a' lIIACT T - (P.B. 55. PCS. 137 . 131. P.I.C.R.) .. A POIIlICN '" 11lAcr "A" - (P.I. n. I'GI. "-41. '.LC...) S 0/'J4'16' E ~ sa.oo' ---II- I ~ ti I ~ ~ I. ~ ~ - I ~ =: . ~ ~ it I Ij...,. ~5 Ip.O,B, ~~ 130.. ~~ I ~~ I .I~ I Ie" ..'" I ..,. ",Ill 1 ~~ I.......: I I ~l ~l I ...1 . ~I ~ ;II :01 ~ \ I N 4931'18" W ) 40./8',\ _.../ Q) Aiii"OM"AaaoClAT8lI.lHo. auRVlIY_"__ .. &W. _ AWNUI. 8UITII 'IDe ~ M'rClN. rLOIIIIDA ..... ~ .. .... ,_ '~'T' """ _ __ ~ SCALE: /".$0' '. _ S .2.,3!!.,6:!... .-J'!!!.."..J..r- P.O,c. N.E. COR. TIlAC1 "E' (P.B. 5!5. POS. lJ7 & lJ5. p.a.CoR.) S.t. COR. TRACT 'A' (P,B. 57, I'OS. 04-1-.9, P.B.C.R.I 8 ~ )..,1 II .., "'_ 1:11 SOU~ERL Y ~O' OF' R/W ABANDONED :: _PER CITY OF' BOYNTON BEACH ~ I RESOLUTION NO. RI8-11, DATED S/e/ge IS (M.B. 9J1l7. PC. 11119 - p.a.C.R.) I r--- s:- ~ ~ % i i i ..... Q <J ..:- I~ ~olI 13e 0.. ~. Oi~ >- J !f) ~ l!i :2 ... ~I '" ~I ~ N J7?5'20' f: l.. .(~.5J . _ _ _ - - S~'t S."', e-n' RE\IISlON: .l\lSGl 4128/" (........) JOB , SJS4-S DATE: J/Jl/9S SHEET _l_CK-L DEPARTMENT OF DEVELOPMENT MEMORANDUM NO, OD 98-182 Technical Review Committee Members :j. H jll! ....u; i ~-Im O !""8 11I1I ;,j':' l!!J " I , :.J TO: PLAI'~NfNG AND 70NING DE?! Marshall Gage Police Chief Larry Roberts Public Works Director John Wildner Acting Director of Recreation , Parks, and Facilities John Guidry Utilities Director Mike Rumpf Acting Planning & Zoning Administrator William Bingham - Fire Chief FROM, Don ]o,,"on. D'Imty Bwld"'" OffidoJ ~ DATE: September 8, 1998 RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY HOME DEPOT EXPO CENTER 98-603 1520 SW 81h Street AMOR CONSTRUCTION The above referenced project is nearing completion. Prior to the Building Division issuing the Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending conditions concerning this site that must be rectified (excluding issues that are covered entirely with a city approved surety). If any outstanding conditions are related to permits issued by the Building Division, please provide this division a memorandum containing a description of the unresolved conditions. If the unresolved conditions are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to me, within ten (10) days in order that we may proceed in a timely manner to issue the Certificate of Occupancy. No response is necessary if your department is satisfied with the current state of the above referenced site. Thank you for your cooperation. CC: Kerry Willis, City Manager Kevin Hallahan, ForesterlEnvironmentalist S. Puda, Engineering Inspector II TRC MEMO 10 DAY LETTER.doc 14IQ1.'9~ ..ED 12,48 f!\X i \ GREENllERG F!\Ill'.OW ;. .~i -}",,!;!'. ~~~.} f/\~i~~ ..~~. ... '" 0\ O!, % ~ !i ~~ ~ \ '.7 . \ :i N; ~ \ " " 11 , ~ \ " . ~ l!! " ~ ., '" ~ ~ ",,, . 'H ~ . '" . . 1 ., '" . '" ~ \ \ i~ ; ,; ~, ~ ~ t ' ~1 H ~! ~ ~ ~ "' '" I\~ \\1 :' 11/ ~ J: ". . \.., H\' \~ 1 1 ~:~ t. \1 \\. l\~\\VH \,~'_fl\~. ~.\\\\\\\\\ \\\\\\\\\1 "Wi';'\ .~--"-- " _.---~-'- ----~~ -------~-- DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DD 98-073 I'~ -(" -h\, G!-frl r 16~ tJ w5 p-h LL- Kerry Willis, City Manager Jim Cherof, City Attorney John Yeend, P.E., City Engineer Tambri Heyden, Planning & Zoning Manager Michael E. Haag, Building Code Permit Administrator Bob Donovan, Permit Applications Supervisor Bulent L Kastarlak, Director of Development .$/1\. DATE: March 27,1998 TO: FROM: SUBJECT: PURPLE HEART WAY AND EXPO CENTER I have reviewed the documents and issues related to the referenced proposed road and have made the following determinations: I. The November 1995 Woolbright Place Settlement Agreement required that the referenced road be constructed within 21 months of the date of Agreement. The construction of the road has been postponed beyond the 21 months. Now, the road is under consideration for a permit by the Department concurrently with the permit application for the Expo Center by Home Depot. 2. City Code, Chapter 6, Article III, Section 12 reads "All streets shall be constructed by the Developer _ . . in accordance with City regulations." This is now being complied with by the Expo Center through an agreement with the original Developer (Mr. Morton). 3. City Code, Chapter 6, Article IV, Section I OB reads that the minimum street right-of-way for a local street to be 50 ft with mountable curb and Section IOC states "two II ft lanes" for the same. The Agreement stipulates a 50 ft R.O.W. and a 22 ft pavement with a "crown." This signifies a "local street." The standards adopted by the County and FDOT define the "Urban Local Street" as providing direct access to abutting uses, connections to higher order streets and offering the lowest level of mobility. 4. The proposed street will meet the FDOT and County standards after an error of judgement made by the Engineer of the Applicant is corrected. The error involves not lowering the elevation of a drainage manhole located at the lowest point of the road to accommodate the proposed 54 inch drainage pipe along the northern edge of the street. Lowering the elevation of the manhole will make the "crown" section of the street possible without requiring additional fill material. The correction will be made and plans will be resubmitted by the Applicant. Development Department Memo DD 98-073 RE: Purple Heart Way and Expo Center March 27, 1998 Page Two 5. City Code, Chapter 6, Article IV, Section 10 reads". .. the new street, where necessary, shall be carried to the boundary of the tract... to promote reasonable development of adjacent lands...." In this case, it will be necessary to determine the final elevation of the street at the boundary with abutting tract to carry forth the design and construction of the street to the boundary of the tract. Without this fmal elevation figure, the design and construction of the street cannot be completed. Currently, this fmal elevation information is not available, since discussions between the abutting property owners, the Winchesters, and CSX Railroad is still continuing about the feasibility of the railroad crossing. 6. City Code, Chapter 6, Article V, Section 4.B.2.e reads "Construction details showing compliance with City standards, or alternate design as approved by the Director of Development." When corrections in elevations are made, construction details will conform to City standards. RECOMMENDATIONS: 1. The proposed street design should be revised to reflect the RO.W. width of 50 ft with 22 ft pavement and mountable curbs and a crown, plus new and lower elevations for drainage manhole and other points. 2. The submitted plans could show Purple Heart Way ending about 75 ft short of the abutting property boundary line, including a culvert crossing easement. In the absence of final elevations at the boundary line, it would be preferable for the Developer to postpone, and the City to agree that the construction of the remaining 75 ft be done at a later date. For this, the Developer will deposit an amount in escrow equal to a certified construction cost, plus 15% contingency for engineering design and field supervision costs. The design and construction will be completed by the City at a future date when all design' information is available. I think that the resolution of this matter as proposed will be acceptable to all parties concerned and will expedite the completion of the review process for permitting Home Depot Expo Center. BIK:bg \\CH\MAIN\SHRDAT A\Development\Building-6870\Documents\Memos in W ord\Purple Heart Way. doc 1- MEMORANDUM UTILITIES DEPARTMENT I TO: Diane Reese, Finance Director John A. Guidry, Utilities Director \t " /'1~ 16 J ;qqV FROM: DATE: -r:::-: l. i" Qubj - -Fie. rn U w t(:'\ MM I 7 ION) PLANNING ANe -- ZONING DEH SUBJECT, R=""tion fre ttanmnitml foC' II~ 4.,~ ~ Enclosed is a reservation fee for the subject project:- Amount _ ~ j'1 )-1. 6'1 ) I.. :< oJ!" c/J' loo/JI'r Checkno.- 17'Y'1-?-<f9 G' ~I,,~, F'<V7lJo-o./ From - 14-.-t- ;:Jr' I- Please deposit this fee in the appropriate account. You may refer any questions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: Tambri Heyden, Planning Director File DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DD 98-073 TO: Kerry Willis, City Manager Jim Cherof, City Attorney John Yeend, P.E., City Engineer Tambri Heyden, Planning & Zoning Manager Michael E. Haag, Building Code Permit Administrator Bob Donovan, Permit Applications Supervisor Bulent L Kastarlak, Director of Development .15/1( FROM: DATE: March 27, 1998 SUBJECT: PURPLE HEART WAY AND EXPO CENTER I have reviewed the documents and issues related to the referenced proposed road and have made the following determinations: L The November 1995 Woolbright Place Settlement Agreement required that the referenced road be constructed within 21 months of the date of Agreement. The construction of the road has been postponed beyond the 21 months. Now, the road is under consideration for a permit by the Department concurrently with the permit application for the Expo Center by Home Depot. 2. City Code, Chapter 6, Article III, Section 12 reads "All streets shall be constructed by the Deve10per... in accordance with City regulations." This is now being complied with by the Expo Center through an agreement with the original Developer (Mr. Morton). 3. City Code, Chapter 6, Article IV, Section lOB reads that the minimum street right-of-way for a local street to be 50 ft with mountable curb and Section 10C states "two 11 ft lanes" for the same. The Agreement stipulates a 50 ft RO.W. and a 22 ft pavement with a "crown." This signifies a "local street." The standards adopted by the County and FDOT define the "Urban Local Street" as providing direct access to abutting uses, connections to higher order streets and offering the lowest level of mobility. 4. The proposed street will meet the FDOT and County standards after an error of judgement made by the Engineer of the Applicant is corrected. The error involves not lowering the elevation of a drainage manhole located at the lowest point of the road to accommodate the proposed 54 inch drainage pipe along the northern edge of the street. Lowering the elevation of the manhole will make the "crown" section of the street possible without requiring additional fill materiaL The correction will be made and plans will be resubmitted by the Applicant. Development Department Memo DD 98-073 RE: Purple Heart Way and Expo Center March 27, 1998 Page Two 5. City Code, Chapter 6, Article IV, Section 10 reads ".. . the new street, where necessary, shall be carried to the boundary of the tract...to promote reasonable development of adjacent lands. . . ." In this case, it will be necessary to determine the final elevation of the street at the boundary with abutting tract to carry forth the design and construction of the street to the boundary of the tract. Without this final elevation figure, the design and construction of the street cannot be completed. Currently, this final elevation information is not available, since discussions between the abutting property owners, the Winchesters, and CSX Railroad is still continuing about the feasibility of the railroad crossing. 6. City Code, Chapter 6, Article V, Section 4.B.2.e reads "Construction details showing compliance with City standards, or alternate design as approved by the Director of Development." When corrections in elevations are made, construction details will conform to City standards. RECOMMENDATIONS: 1. The proposed street design should be revised to reflect the R O. W. width of 50 ft with 22 ft pavement and mountable curbs and a crown, plus new and lower elevations for drainage manhole and other points. 2. The submitted plans could show Purple Heart Way ending about 75 ft short of the abutting property boundary line, including a culvert crossing easement. In the absence of final elevations at the boundary line, it would be preferable for the Developer to postpone, and the City to agree that the construction of the remaining 75 ft be done at a later date. For this, the Developer will deposit an amount in escrow equal to a certified construction cost, plus 15% contingency for engineering design and field supervision costs. The design and construction will be completed by the City at a future date when all design information is available. I think that the resolution of this matter as proposed will be acceptable to all parties concerned and will expedite the completion of the review process for permitting Home Depot Expo Center. BIK:bg \\CH\MAIN\SHRDAT A\Development\Building-6870\Documents\Memos in Word\Pwple Heart VVay.doc -f,~ Ii"- ~,~.-: fJ iJ ,SI'" .f,L,z. CAULFIELD & WHEELER, INC, Consulting Engineers. Planners. Surveyors To: From: Subject: Date: MEMORANDUM T ambri Heyden City of Boynton Beach Development Department SteveT~ Purple Heart Lane (Expo Design Center) Our Project #3377 April 2, 1998 The plans for Purple Heart Lane have been revised as follows per the comments received from Dan DeCarlo (Planning & Zoning). On the PLAN/PROFILE SHEET (Sheet 2 of 4) - a note has been added (redlined): Note: I. 2. 3. Sod from back of curb to R/W line to match existing adjacent property. Adjust adjacent irrigation as necessary to provide 100% coverage of new sod. Coordinate all work on private property with property owner. If you have any questions or require additional information, please don't hesitate to call. SET:jd cc: Susan Prillaman - Greenberg Farrow wp2\memos\expo I 7301-A West Palmetto Park Road. Suite 100A Boca Raton, Florida 33433 561.392-1991 Fax: 561 .750-1452 Engineering # EB-0003S91 Surveying # LB-Q003591 Landscape Architecture # LC-Q000318 CAULFIELD & WHEELER, INC. Consulting Engineers. Planners. Surveyors January IS, 1998 Ms. Tambri Heyden, Director Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Subject: Expo Design Center Master Plan & Site Plan Our Proiect #3377 Dear Ms. Heyden: Thank you for meeting with Mike Morton, Susan Prillaman and myself on Monday regarding the Expo Design Center Master Plan Modification and Site Plan submittal. Pursuant to that meeting, I am submitting the following: L Twelve (12) sets Master Plan Modification. 2. Twelve (12) sets Site Plan. 3. Twelve (12) sets signage Modification Plan. 4. One (I) copy written response to each TRC member comment received. As discussed, the revised elevation rendering and color boards will be provided to your office under separate cover. As discussed, this resubmittal is for your review and use in placing this project on the January 27th Planning & Development Board Meeting agenda. We understand that 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\expolheyden 7301-A West Palmetto Park Road. Suile l00A Boca Raton, Florida 33433 561.392-1991 Fax: 5610]50-1452 Engineering # EB-0003591 Surveying # LB-0003591 Landscape Architecture # LC-QOO0318 N Response to MASTER PLAN COMMENTS Fire & Life Safety Division Memorandum No. 97-32 No comments. Development Department Memorandum No. PZ 98-005 1. "On the master plan indicate all property lines and required setbacks." Property lines and required setbacks indicated. 2. "The number of the proposed land division will determine whether platting is required. " Tract E of the Shoppes of Woolbright P.C.D. to be subdivided into two parcels and will not require platting. 3. "The vehicular use areas shall be screened from abutting properties with a minimum of 2.5 feet landscape buffer. Provide appropriate strips of land along the property lines allowing meeting this requirement. " The vehicular use area is screened by 10'Iandscape buffer along SW. 8th Street and a 25' landscape buffer along Purple Heart Way. Other vehicular use area screening is prOVided as allowed by the site pavement. 4. "The entire, required 25 foot wide landscape buffer along the northem property line shall be included entirely within the PCD boundaries and not partially encroach into Industrial Access Road right-of-way as it is shown on the master plan. Correct the location of the buffer accordingly. " Revised cross section per Tradewinds Development Corp. Settlement Agreement. 5. "With the re-submitta/, clarify whether the westem parcel containing two separate future retail structures will contain parking supporting the proposed uses. " When the outparcel is developed, parking for the structure(s) will be contained entirely within the land area shown for the outparceL Such parking will be shown on the site plan for this future retail development. Master Plan - 1 6. "Move the proposed property line along the northern wall of the Garden Center in the Home Depot complex 30 feet to the north to provide the required side setbacks. Property line moved to meet 30' side setback requirement. 7. "Relocate the proposed access driveway to the future retail parcel, as it collides with the proposed retail building. " The access driveway to the outparcel is existing and will remain. The building footprint shown is conceptual only. Prior to development, a site plan will be submitted that indicates the final building size, configuration, vehicular access and parking arrangement for the City's approval. 8. "Indicate the width of the section of the peripheral landscape buffer between the new main access driveway to the PCD and the northwest comer of the development. " A 10'Iandscape buffer is provided along the entire length of SW. 8 Street. Police Department Memorandum File No. MPMD 97-0207 No comments. Public Works Department Memorandum No. 97-328 No comments. Recreation and Park Department Memorandum No comments. Recreation and Park Memorandum Dated January 5, 1998 1. "The existing tree survey should be placed in a table form to quantify the total number of trees on the site. There should be a statement for each tree on the table indicating which trees will be preserved, relocated or removed/replaced on the site. All "exotic" vegetation should be shown as clusters of trees to be removed as part of the site clearing permit. .. A table of native trees has been added to the landscape plan. Master Plan - 2 2. "If appropriate, all areas of "native scrub vegetation" should also be shown on the tree survey. These areas (if present) will require a flora and fauna survey by an environmental consulting company. Permits from the Florida Game and Fresh Water Fish Commission must address any protected species found on the site (i.g. Gopher tortoise, Scrub jay). This would include any portion of the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way." This site's native vegetation is scattered and in poor condition. Most is heavily impacted by love vine. 3. ''The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of- way." Home Depot has been notified that landscaping on their site needs to be brought into code compliance. The work will be coordinated with the City. Staff has agreed that any work to be done should not be a condition of this application. 4. The property, which may exist East of the above landscaped berm (item # 3 above), should be maintained free of exotic trees and vegetation. The extension of this are North as part of the Home Depot Expo, should be maintained in a similar way. The area should be combined and maintained in accordance with a Preserve Area Management Plan. This document should be included with the Home Depot Expo submittal of information. No preserve area exists, however, the landscape plan notes the area to be cleared of litter and exotics and the area protected during construction. Utilities Department Memorandum No. 98-008 1. "Chapter 3, Article IV, Section 3 (0) of the Land Development Regulations requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction need in order to service this site. " Adjacent facilities are shown. Water is available in the Vinings site approximately 170 feet north of that property line. 2. "Chapter 3, Article IV, Section 3(P) of the Land Development Regulations requires a statement be included that utilities are available and will be provided by appropriate agencies. This statement is lacking on the submitted plans. " Master plans contains the following statement in the upper left comer, "All utilities are available and have sufficient capacity to provide service to the P.C.D. as proposed." Master Plan - 3 3. "The survey accompanying the Master Plan shows the south 30 feet of Morlon's Way (Industrial Access Road) as 'to be abandoned.' It was our understanding that thi~ had already been done. Please have the surveyor re-check his records and correct his survey to reflect the true standing of this property. " Right-of-way abandonment approved by City Resolution No. R96-112 dated 8/6/96 and recorded in ORB 9397, Page 1196. 4. Submit a master stormwater management plan, in accordance with LOS Chapter 3, Arlicle IV, Section 3KT, including a drawing indicating point of connection, and a copy of the agreement( s) allowing storm water from this parcel to be treated on the P. U.D. property. Master stormwater management plan was permitted by SFWMD under Permit #50-02146S, issued 2/15/90. Department of Development Memorandum No. DD 98-006 Buildlna DIvision (Site SDecific Comments} 1. "Add to the Master Plan notes, symbols and dimensions that represent the location and width of the accessible route that is required from the abutting street to the accessible entrance of each building and/or tenant space. (Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route)." See Master Plan. 2. "Add to the proposed Master Plan notes and symbols that represent the location of the required accessible parking spaces. Also add to the Required Parking Calculations the computations that would determine the minimum number of required accessible parking spaces including identifying the number provided for the improvements proposed with the subject request. (Florida Accessibility Code for Building Construction, Section 4.1.2 (5) (a), Parking Spaces). .. See Master Plan. 3. "Add to the proposed Master Plan notes, symbols and dimensions that represent the location and width of the accessible route that is required from the accessible parking space access aisle to the accessible entrance of each building and/or tenant space. (Florida Accessibility Code for Building Construction, Section 4.6, Parking and Passenger Loading Zones)" See Master Plan. Master Plan - 4 4. "Indicate with a note on the Master Plan what the long dash symbol represents. There seems to be a conflict as to which symbol represents a setback and which symbol represents a property line. Clarify the symbols. " Line shown represents a 40' rear setback line. EnQineerinlll Division (Site SDecific Comments\ 1. "Need to submit a master drainage plan (plans need to include drainage connection from existing Home Depot drainage system to drainage system at Industrial Access Road). (LDR Chapter 3, Article IV, Section 3. T)" Master stormwater management plan was permitted by SFWMD under Permit # 50-02146S, issued 2/15/90. 2. "Driveway on SW 8th Street appears to be in conflict with future retail area. Clarify as to exact location of driveway. (LDR Chapter 3, Article IV, Section 3.K.)" The access driveway to the outparcel is existing and will remain. The building footprint shown is conceptual only. Prior to development, a site plan will be submitted that indicates the final building size. configuration, vehicular access and parking arrangement for the City's approval. 3. "Master Plan needs to be signed and sealed and dated by design professional. " See Master Plan. 4. "Provide approval from owner of Tract D (parking lot to west of Home Depot) to modify entrance road to existing Home Depot Building. " Home Depot owns Tract D. 5. Remove the 25 ft. landscape buffer from the City's 50 ft. right of way. (LDR Chapter 22, Article II, Section 7.A.)" Revised cross section attached per Tradewinds Development Corp. Settlement Agreement. 6. "Change name of "Industrial Access Road" to "Purple Heart Way" (change by City resolution). " Completed on all plans. Master Plan - 5 7. "Delineate driveways onto Purple Hearl Way. " Completed on all plans. 8. "Provide an updated Traffic Impact Analysis incorporating the proposed 69,106 sq. ft. of retail and 88,004 sq. ft. of commercial. (LOR Chapter 3, Arlicle IV, Section 3.5.)" A traffic statement by MTP Group, Inc. dated 12/16/97 has been previously provided. 9. "If the subject parcel has three or more regularly shaped areas to be dedicated to the City, applicant shall enter the platting process. " 2 parcels are delineated on this plan. wp2\expo\response Master Plan - 6 EXPO Dt:SIGN...CENTER - BOYNTON BEACH Response to SITE PLAN COMMENTS Fire & Safety Division Memorandum No. 97-325 No comments. Development Department Memorandum No. PZ 98-007 1. "Provide clause on the sUNey stating that the property has abstracted for right-of-way and easements, as required by Land Development Regulations, Chapter 4, Section 7.A. " Statement provided - see site survey. 2. "Land Development Regulations require that all plans submitted as a part of the site plan submittal shall be drawn to the same scale as the site plan. With the site plan resubmittal provide a landscape plan meeting this requirement. (LOR, Chapter 4, Section 7.C.1)." A landscape composite plan at the same scale as the site plan (Sheet LP1). 3. "Vehicular use areas required a 2.5 feet landscape buffer containing a barrier, preferably a hedge. Such barrier shall be located between parking area and common lot line of abutting property. A 5 foot landscape strip containing a barrier or hedge and trees at a maximum of 40 feet on center is required between vehicular area and right-of-way. (LOR Chapter 7.5, Article II, Section 5)." The internal lot lines fall within paved areas, landscape has been provided adjacent to the rights-of-way as noted on the plans (10' & 25' width, one tree per 40' with continuous hedge along 8th Street and berm with continuous shrub massing along the access road to the north). No landscaping is noted on the outparcel adjacent to Expo's main north/south drive aisle because future development of this parcel will negatively impact any trees and shrubs (and irrigation). When this parcel is developed, the screening landscape will be installed. Site Plan - 1 4. "Include the following landscape notes as required by Chapter 7.5 Article II "Landscape Code", Section 5.A., Band C: . All landscaping shall be installed in workmanlike manner and according to accepted good planting procedures with quality of plant materials as hereinafter described. AI landscaped areas shall be provided with an automatic irrigation water supply system. Plant materials shall conform to Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part 1 1963 and Part II, State of Florida Department of Agriculture, Tallahassee, or equal thereto. " . . All notes requested are located on Sheet LP4. 5. "Indicate on landscape plans, the triangular areas on both sides of accessways formed by the intersection of each side of accessway and public right-of-way. Two sides of such triangle being 10 feet in length from point of intersection and the third side being a line connecting the ends of the other two lines as described in Chapter 7.5 Article II, "Landscape Code", Section 5.H. " Sight visibility triangles are noted on Sheets LP2 and LP3. 6. "Indicate on landscape plans that the areas described above shall provide an unobstructed cross visibility at a level between 30 inches and 6 feet above pavement. (Chapter 7.5 Article II, Section 5. H). " The cross visibility note is located on Sheet LP4. 7. "Indicate on landscape plans that no landscape material except for grass shall be located closer than 3 feet from accessway pavement, as required by Landscape Code, Section 5.H." Landscape plans have been revised to move all plant material, except sod and ground covers, at least 3' from an accessway. 8. "The landscape plan shall contain all existing and proposed on the property easements and lighting fixtures. With the resubmittal include a landscape plan containing this information. (LOR, Chapter 4, Section 7.C..1)." Easements (proposed & existing) and light pole locations are shown on the landscape plans. 9. "Exterior utility boxes, meters, transformers, etc. shall be screened from view by a wall or continuous hedge. (Chapter 9, Community Design Plan Sec. 10.CA)." A note regarding screening as requested is on Sheet LP4. Site Plan - 2 10. "Provide with the 2nd submittal information regarding sign colors and materials in accordance to Land Development Regulations, Chapter 9 "Community Design Plan", Section 10.1. If this information will not be included in the 2nd submittal of the project, another formal submittal will be required to be reviewed by the Planning and Development Board, prior to sign permits being issued for any of the proposed buildings. The proposed signage may require the Shoppes of Woolbright sign program to be modified. " See signage package. 11. "Prior to the Planning and Development Board meeting submit to Planning and Zoning a presentation board containing samples of all exterior building materials to be used for construction. (LOR, Chapter 4, Section 7.0)." A presentation board will be provided under separate cover. 12. "Prior to Planning and Development Board meeting submit to Planning and Zoning color elevations of all buildings and signage. (LOR, Chapter 4, Section 7.0)." A colored elevation will be provided under separate cover. 13. "Depict color code and manufacturer on all exterior finishes on elevations of all building and structures. (LOR, Chapter 4, Section 7.0). " See elevations on plans (Sheet A.3-0). 14. "Indicate on the site plan the location of dumpsters. Dumpsters and recycling receptacles shall be screened by a 6' block wall with gates, and landscaped with accent shrubs. Provide details of dumpster enclosure. (LOR Chapter 9, Community Design Plan, Section." Expo has a compactor noted within the truckwell. Screening is noted on elevations as a wall. 15. '~ny roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with the eye level from a distance of 600 feet from the building (LOR, Chapter 9, Section 11.E). " A line of sight elevation has been added to the architectural plans (Sheet A.3-0). Site Plan - 3 16. "From the architectural submittal eliminate any references regarding the proposed retail bay south of the Expo building per the preliminary meeting with the City's representatives. .. Retail bay shown as "Future" on the site plan has been removed from the architectural plans. Police Department City of Boynton Beach, Florida Memorandum dated 12/30/97 "My comments reference this New Site Plan as follows: 1. "The parking area on the south side of the new structure creates an unsafe condition. The placement of the spaces requires persons leaving the spaces to back out into travel lane." The spaces in the area have been reduced to the minimum necessary. Extra space has been added near the intersection to allow more "reaction" time for turning traffic. 2. " Handicap parking access areas must be striped in accordance with current code. .. The detail on handicap parking has been revised. 3. "I concur with the modification of the southem entrance for SW 8th St. However, the intersection as shown on the plans is unsafe. This intersection must be a three way stop for north, south and east travel. " Per a telephone discussion on 1/15/98, the plans show a north & southbound stop only in this area. Public Works Department Memorandum No. 97-327 No comment. Recreation and Parks Memorandum No comment. Site Plan - 4 Recreation and Park Memorandum Dated January 5, 1998 Site SDeciflc Reauirements 1. "The existing tree survey should be placed in a table form to quantify the total number of trees on the site. There should be a statement for each tree on the table indicating which trees will be preserved, relocated or removed/replaced on the site. All "exotic" vegetation should be shown as clusters of trees to be removed as part of the site clearing permit. " A table of native trees has been added to the landscape plan. 2. "If appropriate, all areas of "native scrub vegetation" should also be shown on the tree survey. These areas (if present) will require a flora and fauna survey by an environmental consulting company. Permits from the Florida Game and Fresh Water Fish Commission must address any protected species found on the site (i.g. Gopher tortoise, Scrub jay). This would include any portion of the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way. " This site's native vegetation is scattered and in poor condition. Most is heavily impacted by love vine. 3. "The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of- way." Home Depot has been notified that landscaping on their site needs to be brought into code compliance. The work will be coordinated with the City. Staff has agreed that any work to be done should not be a condition of this application. 4. The property, which may exist East of the above landscaped berm (item # 3 above), should be maintained free of exotic trees and vegetation. The extension of this are North as part of the Home Depot Expo, should be maintained in a similar way. The area should be combined and maintained in accordance with a Preserve Areas Management Plan. This document should be included with the Home Depot Expo submittal of information. No preserve area exists, however, the landscape plan notes the area to be cleared of litter and exotics and the area protected during construction. Site Plan - 5 Utilities Department Memorandum No. 98-004 General Comments 1. "All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LOR Section 7.5-18.1 gives public utilities the authority to remove any trees that interfere with the utility services, either in utility easements of public right-of ways. " Easements shown on Landscape Plans. 2. "Dept.. of HRS permits will be required for the water system serving this project (Sec 26- 12)." To be submitted. 3. "Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m. as stated in LOR Chap.6, Art, ,Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16 (a)). Please submit these calculations with your HRS permit submittal. " To be submitted. 4. "Sec. 26-34(E) of the City Code requires that a capacity reservation fee be paid for this project either upon my request for signature on the Health Dept. application form or within 30 days for site plan approval, whichever occurs firs. This fee will be determined based upon final meter size, or expected demand. " To be determined and submitted. 5. "Comp Plan policy 3C.3.4 requires the conservation of potable water. City water may, therefore, not be used for irrigation where other sources are readily available. " See Landscape Plan Notes, Sheet LP4. 6. Provide an engineer's written certification that drainage will conform with all rules of the City and the South Florida Water Management District.. (LOR Chap. 4, Sec. 7F)." Certification letter attached. Site Plan - 6 SDeciflc Conditions 1. "Water and sewer lines to be owned and operated by the City shall be included within utilities easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as state in Sec. 26-33(a) of the Code.." Easements added to plans. 2. "LOR cap. 6, Article IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. " See Sheet CE1 (200' radius noted). 3. ''Appropriate backflow pre venters will be required on the domestic water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. " Appropriate backflow preventers specifications will be submitted as part of final engineering plans. 4. "The final engineering drawings shall show the connection of the proposed water main to the existing water main north of the project site. " To be submitted with final engineering plans. Department of Development Memorandum No. DD 98-007 Buildlnc;! Division (Site SDeciflc Commentsl 1. "Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility Plan notes, symbols and dimensions that represent the location and width of the accessibility route that is required from the abutting street to the accessible entrance of the building andlor each tenant space. Also identify the type of material proposed for the route including specifying the slope. The width, slope and surface material shall comply with the regulations specified in the accessibility code. (Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route)." Added to plan. Site Plan - 7 2. ''Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility Plan notes and symbols that represent the location and width of the access aisle that is required for all accessible parking spaces. The width and location shall comply with the specifications identified in the accessibility code. (Florida Accessibility Code for Building Construction, Section 4.6.3, Parking Spaces and figure 9(a))." Added to plan. 3. "Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility Plan notes, symbols and dimensions that represent the location and width of the accessible route that is required from the accessible parking space access aisle to the accessible entrance of the building and/or each tenant space. Also identify the type of material proposed for the route including specifying the slope. The width, slope and surface material shall comply with the regulations specified in the accessibility code. (Florida Accessibility Code for Building Construction, Section 4.6, Parking and Passenger Loading Zones)." Added to plan. 4. "The proposed wall signage and where applicable site signage will require a modification to the Shoppes of Woolbright PCD sign program. This modification shall run concurrently with this site plan request. (Per comment #24 of the previous sign program modification approved on November 19, 1997 and Chapter 21-Sign Code, Article IV, Section 7)." See signage submittal. Engineering Division {Site SDeclflc Commentsl 1. " On all plans submitted, including the sUNey, change the name of the road identified as "Industrial Access Road" or "Morton's Way" to "Purple Heart Way" per Commission resolution. " Name changed on all plans. 2. " Add a general note to the site plan that all handicap stalls shall be built in accordance with City Standard Drawing B-90012 including a $250 fine plate under the handicap sign. Correct the "Parking Detail" on sheet SP-1 to include 4" white diagonal stripes within the 5 ft. access aisles. " See detail, Sheet SP1. 3. "Revise the parking lot dimensions to show 18 ft. deep stalls and 27 ft. wide aisles per City Standard Drawing B-90013. " See Sheet SP1 (plan and detail). Site Plan - 8 4. "Construct a 100 ft. diameter cul-de-sac at the end of Purple Heart Way or an adequate, acceptable turnaround within the right of way. (LDR Chapter 6, Article IV, Section 10.D)" Turn around not required. 5. "Locate the six northernmost handicap stalls northward to the next 7 ft. wide median to provide closer accessibility to the main entrance of the design center. (4.6.2 of the Florida Accessibility Code)" See Sheet SP1. 6. "Show an acceptable fire lane striping and signage along the front of the design center and retail store in accordance with LDR Chapter 23, Article /I B.2." See note Sheet SP1. 7. "Show sidewalk thru all driveways to delineate pedestrian path. (LDR Chapter 23, Article /lP.)" Sidewalks added to all plans as requested. 8. The north "25 ft. Landscape Buffer" shall be located on the private property and not in the public right of way. (LOR Chapter 2, Section 6.F.7.F)" Revised cross section attached to the amendment per Morton's settlement agreement. 9. ''All plans submitted for specific pennits shall meet the City's code requirements at time of application. These pennits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Pennits are required from agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other pennitting agency should be included with your pennit request. " Permits, as required, will be obtained. 10. "Relocate loading space at SE comer of design center. " Loading space is to remain in this area. Plans have been revised to note 27' wide aisle. 11. "Remove the stop sign and bar at the end of the ingress lane into Home Depot/Design Center for efficient movement of traffic. Add stop bar/sign for Home Depot northbound traffic. (LDR Chapter 23, Article /I.B.1)" Signage changed as noted. Site Plan - 9 12. Regarding the two southernmost parking aisle between the main entrance and the existing garden center: shift the center landscaped island at the west end to the east to align with the two islands north and south for safe and efficient movement of northbound traffic. " Revised as requested, see Sheet SP1. 13. "Provide an Engineer's certification that the drainage will conform with all rules, regulations, codes, etc. as required in LOR Chapter 4, Section 7.F. 2 & Chapter 22, Article II, Section 7.A & 7.0." See attached letter. 14. "The drainage system for Home Depot should be completed as part of the permitting of the design center. " Systems are tied together and will be completed with construction of the Expo site. Recommendations (for TRC consideration) 1. "Provide acceptable construction plans for Purple Heart Way at time of permit requests to construct design center, including streetlights per agreement between Morton and the City. " Construction plans will be provided as requested. 2. "Consider a left turn only median for north and southbound traffic to center new main entrance and Cracker Barrel Restaurant. Intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic, due to design center, creates a traffic hazard. Right turn only maneuvers from Home Depot will encourage use of Purple Heart Way for southbound traffic. " The requested modification will limit access to this site and to the Cracker Barrel site. Additionally, the requested modification will more negatively impact the traffic circulation that exists in the area. wp2\expo\response Site Plan - 10 .U5; ~ ~. .. ,.~ ~1.~ ~ " ..~\.t \il'i< ~\~~ '~m 1J;:'.'f' '.. ""j .~ . ~. .....'lI" .i~;\ ~,l\~,~' !Jj'~'\'l~"';' !J~ }. .~; :.. :Ji<c > \;[i-:' .. )i~ .',. .l , '(I', ,~ ,.~,~-c,>>..~, 'N".'~'>' :-t.l!:. " "k" '-~i(1,. .- ~:'l"~-ti ~.,,~ :. tN,~J; .,\tjl~~"'~ .,-~. ",-.Il' ""'~",.,;", K,,' "'.,.' '~.fM ,':f~~:, <t~ '.'t~~~..1 '~~!:f\<<:c:.r~..1 ,;ii0i~~~ ,I ~,:~".i#.;~,! " . "', ~ -. ..,....; :v.,; :ifli\~l1'l ":~"-";~/;I .'~ 'h'" ''',\. ~...' , . '~!"..'.(,:, , ~G:.!A."; '.........:5rll!, I ~",. '.> ~~,..,t.;'.:J ,.,_".., .1 ''':~.t'..'-f! ",:';ll)..~ f.R'J""1 .,.<.,:s1 '~'~'}tJ ','~" . "1~ j ~~:{'>. ~.i?'~ ) I :,.,'\ cZ) ~ e .-..... South florlda .. - Water ManaQement Dlstrid Qllf1f1CATIOII FOIl SlOlIMWATIR OtSCHAllGl SURFACE WATER MANAGEMENT PERMIT NO. !;/l.Q1J...,~ (NON-ASSIGNABLE) ,___... - DATE .ssuro: FebrutrY 15. 1990 CONSTRUCllON AHO OPlAATlOIl OF A WATER IWlAGEMENT SYStrll SERYIIIQ 16 ACRES OF RESIDENTIAl. LANOS OISCHARGI~ IIITO c-u tAIlAl. YII\ THt LAKf WORTH ORAIIIAG( OISTIUCT [-4 tAJW., .. AUTHORI:lING: PAlM RrAr~ COUNTY,ucnotf '0 lrld...lnds De..lopoont COl'!lor.Uon (WoolbrIght P'"ct P.U,D.) 902 Clint Moore Rold, SuIte 124 BocI Rlton. florldl 334<\9 / thJll'ltnnit i.. ilw..t pWW"" to.-,..iQliotl for ftwrmh No. n9.11"_U tL' d.led~. 1tJJ1... Ptrrmlt\.......... 10 haI4.,., t.aft tN ~"h 'Iorid. W..1t MW:lJ ,......l Di'triff-iiW,JIu IUC(OUOI"Illorml... "-lIlY and 01\ ~, d..",. or nlblli'.......'" ""'1 arito .., .._ 01 the COftSUVction. operation. ",.ntMIftC. or UM .f t/l't1 won Of 1\NC'tur. ifWlDhtred in the ""m;l. S.id ~iutiOft. il"d""il"lg all pi.. .,.. ~fi(MiotII .ttach" tM,.\O. M ad."""'" by ,he 51.1" R~i'by'.'ilteftCf"'''.prer1~. ' LOCATED IN: ISSUED TO: 'IWl'.~ IlGr,-!.1E- ThIs ""mit "'t1 '" ,HOti,ecs gr lftOIlfirtect II Mr'irne purwlnt to ,,.. .pprOfJriat. pto.,iliOl'tl of Chopl" )7), f'o.id. Sto....... ThIs Pw,,"it dOM Nt con..., to Pwrmitwt"" propitrty rights or prl'fi'~ OlMr \NrIlhote lpKifiecf hertin_ nor ,"i... &ht Ptnnitwt ',GIft ~"I..th any law, c.'aelanot ttquirtf'Mftt aKe<til19 tt?t ri'JhtS 01 othtt ltodi... or ~ All SUWturtl Md YtOrk, it'lSUilled by hm\in.. het't'Vndtr sIloll_....pI~.'the"""I_. Within thlrfy (30) MyI.M the (o.i~ of tht cOftI\NC\ion 01 ant won. tJI s"'"""". ,...Li.e t.o tNs ,,-",II, I.... Pwmitt.. Nfl fil. ...\h \hi Qi.ftJ\<t . Wtin.n st.'etn<tf"ll of completion 0" lhe ."",oprill. r..... PfD'ri<IId bw "'" ._. S'lClALCONOmOHSAltIASFOlLOWS: SHEETS Z AllO lOf 4 - 14 SPECIAl (OHDlTlONS. SHEET 4 OF 4 - 12 lIMITING COHOIlIOHS. FILED WITH THE CLERIC OF THE ~UTH FLO!1I0A WATER MANAGEMENT OlSTRICT SOUTH FLORIDA WATER MANAGEMENT DIST1\ICT. BY ITS GOVERNING 80ARO ON BY Orilinal $igned by: Vern ",alS<<! DEPUTY CLERIC 1)<&iolII__ b'':J/i.""",e~' Atilf~"tSe<.~ By --- 7671 11l-fe- VltfO , 01 4 -;-.-..-:-:--:; .. ,.... - ~..':.r:. :_fi. ~tj~;:- ::.,....... !, f t \;:~::::{.l- l;"~~'f..:'L.;:"'~ ~>,,!~:~~-. ,.~~..1:~)~ ;'!'l,'!..1.~~., '~'.Io ;...'~_.,.,'". .----- _. ..,iillMn 110. 50-02146,$ , .., WftT 2 Of.' . ../ ., met&! eaIIllTI-.. .' ..~ . .' .- I. 2. 3. "I.I~ IUllOI~'FlOOR ElEVAIION 16.0 FEEl "'YO. "INI~ ROAD CIIOIIll ElEVATlal 13.6 FEn IIGYQ. OlsCHAReE FACilITIES: DESCRIPTION: \-0.7' WIDE WEIR WITH A CREST A1 EltwATION 12.6' HeyO, 1.1.0' HIGH av 0.5' HI'" INVERTED TRINi&lIlAA ORIFICE WITH All INVERT AT flEVATlal f.O' "'VI) NIl 5S If OF 30' DIAMETER'"' CULVERT. RECEIVIMG WATER: ('15 CAMAl YIA THE lWOO E.4 CAMAl. CalTAOl UlVATlOll: f,O fEn ",YO, THE PERIlIT1t[ SHAll IE RESPCII$IIlE fOR THE CORRECTION Of' Nff EROSION OR SHOAllHQ PIlO8lEH$ TKAT RESULT fllOll THE COIlSTIIl/UIOIl OR OPERATIOIl OF THE SURfACE WATEIIIWCAGOltNT 5'lSTEll. IIWURU SHAll B( TAlttllllURIlIG CONSTRUCTION TO IIISURE TIlAT SEOIMEIlTAlIOlI NIl/OR lVRatOm PA08lEllS ARE IIOt CREATED III THE RECtlVIIIG WAltR. THE PERIl1nU SHAll BE RUf'OlISI81E fOR THE CORRECTION Of Nff lIATER QUALITY PR08lEllS THAT RESULT FROII 'hi( COIlSTRllCTlOII OR OPERATION Of THE SURFACE WATER MANAeEHENT SYSTEM. THE DISTRICT RmR'llS THE RIGIlT TO REQUIAf THAT WATER QUALITY TREATMENT H(THOQS SE IIlt0000000TEO 'liTO THE ORAI""'E SVSTOIIF SUCH IIWURES ARE SHOWN TO It NECESSARY. OP1.RATlOIl Of TIlE SURf ACt WAltR ~JIT SYSTOI SHAll B( THt RESPOIfSI8IllTY Of TIlE WOOlIRIGIlT PlACE MASTER ASSOCIATION, INC. THE PERIlITTEl SHAll SUlIIIT A COPY Of THE RtCOIlDtO 0([0 AfSTRICTlONS, A COPY Of THE filED ARTICLES Of IIltORPOAATlCIl, AIlO A COPY Of THE CERTIfiCATE OF INCORPORATION fOIl THE 1Ql[0000ERS ASSO(IAllON, wrll AVAlLUlE. THE PUIlITTtE SHAll PROVlOE TO THIS DISTRiCT OOC\Jl[NTATlOlt Of LAKE lIORTH ORAI""'E DISTRICT WEll AYAlLAILE. ,--'~ -.,... 4. 5. 6. 7. 8. .. 10. LAKE Slot: SlOl't$ SHALL IE 4:1 (1l0IUlONTAL:YERTlCALI TO A DEPTH Of TWO fEET 8WN 'hi( cONTMl UEVATlOIt. SlOE SLOPES SHAll BE HURTllAto OR PlAIITED FRON 2 un 8llOll TO 1 rOOT A80VE CONTROl. ELEVATION TO INSURE VEt:nATlVE GROIITH. m~ TWllE IHlTI~I"Of AlI~11~ (IRRlt:ATlOlt. DEVATERIHG, Plltl t Ell SUPPl. C.). IIlL . CE Y TO APPlY FOIl A WATER USE PERIlIT. THE P(RIlITTEl IS CAUTIONto THAT A "INI~ Of to (lAYS IS REQUIRED Fell CONSIDEAATlOll Of THE VATER USE PERIlIT APPllCATlOIl. THE PERIllnt( IS CAUTIOItEO THAT THE JSSUAlICE OF A SURfACE WATER IWCAGlJIENt PERIl IT SHALL HOT It CONSTRUED TO BE A GUARANTEE THAT WATER WIll BE AVAlLUlE. II. ~ ~ ,';.' ~~- -".-, ----------~- ,:~,"~"'i.;,!:-.~::,:,-:'";'-'-~ ,~:.:.::~~-'\:"j-" Wi';p....' , ,-.. 4:"':~" . ~ .{~ "'. .' .'0 'i!' ".::~, . ,. :".-, , "" '.I't-.,. .~;.' ':Il~'" ...." ,.t_}."';~..l,r.',::":"'" ~.. ,,"C.I- :r.~, Mlt'.:,: so{C12J~~S' -:~t;'~\~t~5~ 1II!UU OF 4' ':. ", ,::~l!i!\?,\U'~'ii ~KC1"" ~ItIOllt taMTIMUm 12,. . 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'10' .., ,o. . .t'. ;r!JSi"N"",c..,~".1<}.. ..i.t{~~..~..:;: . -..'.' , '. .(. ] I e . .tUI'atf tIlttl ............ rvaUllllp11 APPlICATION NUN8ER 8911ff.17 DATE Jt~ua.. l~. ItIa PROJECT NAME: VoGl&.IQ~t Plac. P.U.D. LOCATION: ....nton hach. Pala "ach CCUIl1'f stC1\ON ..11., TOWIISHIP .JL SOUTII. R*E .!1. WT PROJECT AREA In. ~ ACRES IlAAIIlAGE AREA J11.l. ACRES fACllInES: 1. UISTlNG: lh. uhll"9 sit. conti In. three aballllOllt4 h.us,. IIocl two s..n l_k.., lh. Irt curr.ntly nO ,"Istlng drafnag. flcllltl.. to s.rv' thl ..Istlng d,.,lo,..nt. 2. PROPOSED: Grlssed $wll.., lnl.ts .l1li cul..rls wIll dl~ct runOf' tnto 5.3 ICr.S 0' 11.', AlthoU9h lh. project I' dtllgned IS I sl.gl, drllnlg. blsln, Ih. project c.nslsls Of two dllttnclly dlff....t d...lo,..nt Ir'I'_ ~,flrst Is I 32-ICr, c__..rclal a..a I.clled In the s.ulh..n p.rtlo. .f the project. lh. s,c.nd ar," co.slsts of 83.3 Icres of rtsld,.tlal d..el~.t In th. northern po.llon .f the 6,..1.,...t. Otscharg, fr.. the project Is through 1.0.1' wtdo Wllr with I cr.st It ,l..atl.n 12.6' "'YO, 1'1.0' htgh &y 0.5' w16. In..rted trllngul_r ortflc. with an tn.,rl It .l..alt.n 1.0' HGVO a.d 55 If of 30' dl...t.r CKP cul..rl Into the Lak, WOrth O.al..g. Dtllrlet (lWDO) E.4 C.nll, PIlAU 1 CCIISTIUtTIj)II, Phu, I (16.0 acres, see Exhibits 3 Ind 4) will c.nlht of lhe "cIYltlon .f lh, 5.3-acrt lab, the Nst.r control structu.e, I-O.22-acr. dry det..tton Ir.a Ind aSloctlted struclure, 2,4 Icr.s of buIlding In6 6.0 acr.s of ro.dw.y/parklng ar.a Ind as,'clalod 1..,o.ar1 dtlch.s. Runoff fl'Olll Phu, I WIll b. dtrected Inln th. 4.y dote.llo. .... which will Do .qulpp.d with I w.t., qu.llly co.trol structure. lhe .truttur. 'trvlng . tho dry d.lenllon Ir.. will consl.t of 1.0.)' hlqh by 0,)' wid, Inv.rled Irl'ngullr orifice with _. Inv.rt at ele'ltlon 9.0' NGV~ and I 9.ale It el'Yltlon 12.5' "GVD (s!. {,hib't 3). Th. strUtture will dischlrge into t.~or.r1 swal.s whIch will dlr.<\ runoFF Into the 5.3-lc" lake whIch In turn dlsch.rges through the e,"ter cont.ol Itructur. Inln th. LWDD E-4 C,nll. Ph.s. I cl,..lng Ind 9rldln9 wtll conltst of I lotll of 52.2 Icr.s \s.. Exhibit 3A) for lit. ......tlon. &utldtng Ind parking construct on, utllttt.s, drllnlge t....y..c.. .t.. DRAIIlAGE BASIN -'d1. RUN OFF FORMUlA 70 C~ REC(IVl~G BODY ~5 .1. the lWOO E.4 C,nll ALLOWABLE DISCIIA~G( -11- tfS 1 :~~*3$~'~:~:~i~~:~: .:Z<~~f~~':.;L';; , ~"',:li~"Ji.h:~..i',"'c, '.' . ....."..,'".. ~.:'*'~, 1':';1..-'l;;""!'~:';,,',: . ,.~'a :..,~.,.: .~'l:M.t.j. ~l\!.'ZI"'\~ ',"lY:':-'~:" .:...,.~~:..!:..(.~;\.. ~ ..~~.t " .....~.,. ~.. ...'f"t~"'.,_.._'{-}()'.,~.. ~ ~l1-, l~~'it~?:!.f~~~'~l~}~~~~~d~~~~~~~'~' 'i1~~~~;~~/::;::' :'. :'!!::irF~?~. ~ '"" .',' ---.--'- -'- .,--~ J:-:.lI-l:rjO Inu :l'~"J :'.l'1 ,);'.Iln fL l:....lcr, h'J"JHI LIJJ ('...." 1'1"-", ~ I ,. 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"'ilzl.i,~i . ;':. .:"t:' ~:!.~'1'~3Q ;~1.~z0jlK: If I I,'! i I .-- 3 f . . "d :::; Q. . g , r-,-~JJ- r I Q.~ . , illl,' I ~li" XHIf\"'~ .1 J.....l1 1 J - J>J I Ll'J j. .lj :U~I . . DRAfT' Sub/ect'toGOVern!n, Board Approval ..:.- .~.~~. ~'.:~ 1-.l ~,:"1:.:~':"" ':.'~. ~:\:~~.:~~. 1.A$1llo\Tt Fr.~ GOVEP.lIIII& 80AAD ACTlOll: MY 9. 1991 V.ralt ""dlflcatl," If. 50-02146.$ Appllc.teoo Nt, 910207-2 ~ woolb,ith\ .11e. '.U.D. 'al. Blach Couot,. S29/T4SS/R43( 5 T A F F . ( . 0 R T \ \ I AJSlRAq This .ppllc.tloo Is I ,"que.t to modi', the Individual conceptu.l IPprovII fo' I 115.32 Icr. r.sldentlll and commercial d,vIl.p.ent known .s Woolbright Pile. '.U.G. Thl pwrpol. 0' this ..dl'Icltlon Is to redeslgo thl 4etlntlOo Irl. fo' this p'.Ject by Incre.slng the sl'" 0' thl l.kl .nd p,ovldlng requl,id .at., qUIllty volume utilizing. totll Vlt d.ttotlon ..thod_ BACKGROUHD On Feb,u." IS, 1990 thl Gove,olng 8..rd of the DI.t,lct I..u.d Su,f.c' Vatl' II.n.g....nt .....It No. 50-0Zlt6-S. n. ....." Is fo, Indlvldull conClptu.l .pp,ov.l 0' thl 1l5.3Z Icrl dlyelopment vlth con.t'uctloo .nd op.ratloo ., I Vlte' ...n.g....nt .ysttll lI,vlng 16 aer.. 0' ,esldentlal hnds (PIla.. I) dlschl,glng to the C-IS canll Y\a l.k. Vorth o..lo.ge Dlst,lct's E.4 Clnll. HODIFlCATIOIj The lakl .,.. vlll bl Incrt..ed "Oil 1.3 .cres to 5,5 .cres. The IcIcIIUoo.' vol_ necess"y fo, v.ter quality In the prevlou.ly peralUed d,y dlUollon .,e.. will now bl provld.d in the v.t 4tt.ntlon .r... 1he p,opos.d coone,cl.l .,... viii b. u..d for r.tall, o"Ic. and church W51, 1 I I I 'j DRAINAGE BASIN C-15 RUII Off FOIUIUtA 70 CSM REcEIVING IOOV C-15 VIA ,WOO E-. CAN~ AllOWA8lE DlSCHARCE..JJ__CfS FINAL APPROv,'D c: eYGS HAY 0 S. 1991 Wpa .' , .' ). 1 .. :t~"! ':".I"~t'." . ~~~J': 'i",=o:.:. ~~.t"h'" ..."'i....:ki~...'.fl };... ; . I .~..c~'!d:f('.V;:~....,.{:':fJ..,.' .....I~r..~~.,...;.:"',o.',$.~,,'~~:. : I ..- ~-~,..~~~.,J;;;~v..,/ ~..~~. '.":'~1',-\~~:;~:'''''~~1:,_.. ~. ~. :1i~~.:il~I" .~.:~:;~. .w~..~".;:\'. .-:~~,>~',.. .: ,. -~. - -- --"--_..._~-~-- ----~~- ~ ~ o t-< 6~Z ~~ OrJ) \r'lrn. o~ h~ g~ ~~ rJ1~ 'rJ1 ~O ~O U~ -' ~ ~~ ~~ ~g "d o r./'). .- ~ ~~ ~' ~ OQ ~~ ~% Pen. U~ t:l-< .. ~ $ .~ rn eO ~ ... '.::; ~ ,a % \JJ rn ~ ~ on - ~ Q ,.. N ~ <- \ % ~ ~ ~ -0 'en / ~ ~ r- ~~ g! ~'~ to' ~~ ~8 Ou ~~ .(u ~ ~ ~ ~ - p.~ .~ ~ ti,g ~ .... "'.2 ~~ o 'E ~~ ~ .i ..- -' .- ~, ...-< ..,--'" - ~ Page 2 of2 Memorandum No. PZ98-043 d) Reword comment #8 to read "Submit a recordable landscape buffer maintenance agreement to provide for maintenance, by someone other than the city, of the porliollllf the greenbelt proposed within the Purple Heart public right-of-way." New Site Plan (Exhibit II) - e) Delete comment #13 f) Reword comment # 20 to read "The proposed 270 square foot site sign which will replace the existing sign on Woolbright Road exceeds the maximum 160 square foot sign area allowed by the sign code. Therefore, amend the sign to show no more than 160 square feet of signage unless otherwise resolved by the pending revised settlement agreement. 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.] TJH:dim xc: Susan Prillaman Mike Morton Mike Covelli Greg Kino J:\SHllDATA\Pl.ANNINO'ISHAWP.PIlOJECTS\SH\lIEV 10 COlA 2.) CC AOENDA.DOC MINUTES OF THE PLANt G AND DEVELOPMENT BOARD 2ETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON - TUESDAY, FEBRUARY 10, 1998 AT 7:00 PM PRESENT Lee Wische, Chairman Jim Reed. Vice Chairman Stan Dube Mike Friedland Maurice Rosenstock Steve Myott, Alternate Jose Aguila Tambri Heyden, Planning & Zoning Director Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 PM. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF STATE REPRESENTATIVE AND DIRECTOR OF DEVELOPMENT FROM AUDIENCE. Chairman Wische introduced the members of the board, Attorney Pawelczyk and the Recording Secretary, and acknowledged the presence of State Representative Bill Andrews and Director Kastarlak in the audience. (Mayor and Mrs. Taylor arrived approximately 7:20 and were acknowledged by Chairman Wische.) 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Dube moved to approve the agenda as submitted. Mr. Aguila seconded the motion, which carried unanimously. 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. 00 rnowrn,fG l;:l 'J 7 . .,J 'iJf~ _. J 1 PLANNING AND ZONING DEPI MINUTES PLANNING AND DEVELOF-...cNT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 Motion Mr. Dube moved to approve the minutes of the January 27, 1998 meeting as submitted. Mr. Myott seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of two of the five January 27, 1998 Planning & Development Board meeting agenda items. Ms. Heyden reported the following: Two of the five items from last meeting have gone through the City Commission process; the other three will be going Tuesday night. :/' The two that have been finalized are the Shoppes of Woolbright PCD Master Plan Modification and"Shoppes of Woolbright - Home Depot Expo Design Center. Both were approve by City Commission subject to comments from this Board. Ms. Heyden reminded the board of various issues that had been previously discussed such as replatting, PCD subdividion, etc. In further discussions with the applicant, exact information on subdividing this property was achieved. They will be combining the Home Depot parcel with the Expo Design Center. Regarding the control issues, staff is requiring revised control documents (how to maintain building, design standards, etc.). B. Rescheduled Meeting Date. Ms. Heyden announced that the March meeting will be held on Wednesday, March 11, 1998 in West Wing, Conference Room C. Ms. Heyden had distributed handouts to the Board, including the agenda for special meeting on Thursday (workshop). She encouraged Board members to attend this meeting. Mr. Rosenstock suggested in the future that when regular meeting dates need to be changed that Ms. Heyden consult with members of the Board to ascertain their availability. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING 2 MINUTES PLANNING AND DEVELO, ,~ENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 Zoning Code Variance 1. Project Agent: Owner: Location: Description: , J Boynton Beach Mall Thomas E. Sliney, Esq Boynton JCP Associates, Ltd. 301 N. Congress Avenue Request for a zoning code variance to reduce the number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per 200 square feet of gross leasable floor space to one (1) space per 222.225 square feet of gross leasable floor space in connection with construction of department store "F" (proposed Dillards )). At this time, Attorney Pawelczyk swore in all those who planned to testify on any item on the agenda this evening. Chairman Wische opened the public hearing. Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall addressed the Board and reiterated the request for a zoning code variance as detailed above. He reminded the Board that the City Commission had previously approved the development plan for the remaining department stores at the mall, including the parking garage. He introduced members of the audience who were connected with the development, and detailed some reasons the applicant was requesting the variance and why it should be approved. He said the main reason was that the parking garage would not be needed and there was plenty of parking spaces, and that the existing ratio of 1 :200 was an excessive requirement for a mall of this size. He also mentioned economic benefits connected with the new Dillards, including assessed valuation and city sales tax. He said the owner would not want to make it difficult for people to park. Mr. Sliney complimented and thanked the city staff for their help and assistance on this project. Mr. Sliney then introduced Mr. Timothy Daley, 7908 Westfield Boulevard, Indianapolis, IN who showed pictures of the proposed Dillard's Department Store and the proposed parking area. He explained how the proposed parking area would be constructed, and that there would be ample parking available. He presented background information on Dillards and how the proposed store would enhance the Mall. At this point, Chairman Wische introduced Mayor and Mrs. Taylor. Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, Planner. He mentioned his association with the Boynton Beach Mall. He spoke about how other 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 parking areas in Florida have been evolving over the years, and how today's standards are different. Chairman Wische then invited the public to address the Board. Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about losing more property space, and off.street parking. Mr. Aguila explained that the term "off-street parking" as mentioned in a letter Mr. Vito had received was confusing, and that it referred to a chapter. The Board assured Mr. Vito that no off-street parking was involved with this project. There being no other persons from the audience who wished to address the Board, Chairman Wische closed the public hearing, and opened the meeting to comments from the Board. Mr. Dube asked how other retail stores felt about the reduction in parking space. Mr. Daley replied that they were in the process of modifying the REA. and were in contact with the other stores in order to come to an agreement with them. Mr. Freidland referred to page 12 of the handout, and mentioned that he saw no problem with the project and that he would endorse it. Mr. Reed agreed, but was concerned about the zoning codes. Chairman Wische read page 3 of the handout, and a brief discussion was held with further input from the previous speakers. Mr. Myott asked about further expansion and proposed renovation of the mall. Mr. Daly mentioned the mall would undergo renovations in 1999, and detailed some of them for the Board. He also mentioned that Macy's has the legal right to expand to a third level, and that the parking variance will cover the expansion should it occur. MOTION Mr. Dube moved to approve the request for a zoning code variance to reduce the number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per 200 square feet of gross leasable floor space to one (1) space per 222.225 square feet of gross leasable floor space in connection with construction of department store "F" (proposed Dillards)). (A brief discussion was held on the motion regarding zoning codes, but no amendment was added to this motion). Mr. Aguila seconded the motion, which carried unanimously. 4 MINUTES PLANNING AND DEVELOhVlENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10,1998 B. SITE PLANS New Site Plan 1. I Project Agent: Owner: Location: Description: Grand Park ALF of Boynton Beach Gregory Miklos, Miklos & Associates Norman J. Michael, Milor Corporation Southwest corner of SW 13th Street and Golf Road Request for site plan approval to construct a 105 bed assisted living facility on 4.69 acre parcel of land. Mr. Gregory Miklos, Applicant, Miklos & Associates, 2263 NW Boynton Boulevard addressed the Board. Chairman Wische asked Mr. Miklos which staff comments he was in agreement with, and which ones he needed to clarify or discuss. In regards to Item #21, Mr. Miklos asked if the city wanted them to finish paving the cul-de-sac. Ms. Heyden answered yes, that it was a city requirement that any unimproved street abutting property being developed must be completed (swale installed, sodded and paved). Mr. Miklos agreed to comply. Mr. Miklos then asked, in regards to Item #23 mentioned in a prior meeting that he believed it was agreed that he wasn't going to stripe the road, but paint the curb in lieu of striping. Ms. Heyden agreed. In regards to #45, Mr. Miklos said he would provide colored elevations of all sides of buildings as stipulated. Chairman Wische opened the public hearing at this time. Mr. Peter Ryland of 1311 SW 29 Avenue addressed the Board. He was concerned about the proposed building, and felt it was very large in comparison to the surrounding area. Mr. Ryland explained that an objection was voiced along with a group of petitioners who stated that this proposed building was not an ACLF. He also spoke of the usage that included higher levels of nursing and staffing, medical waste pickups etc. He was also concerned about potential trucks and noise on the peripheral road along the canal. He also mentioned objections to fencing. Chairman Wische thanked Mr. Ryland for his comments and closed the public hearing. The Board spoke briefly about various issues, including the fact that the facility was in fact an ACLF, and that nothing that had already been proposed and agreed upon was being changed. Mr. Aguila said he felt residents would be better protected by a solid wall. The applicant had agreed to all court ordered recommendations. 5 MINUTES PLANNING AND DEVELOPlvlENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10,1998 MOTION Mr. Aguila moved to approve the request for site plan approval to construct a 105 bed assisted living facility on 4.69 acre parcel of land on the Southwest comer of SW 13th Street and Golf Road, including the revised comment #45 and with the clarification on comment #23 instead of the yellow diagonal striping with the words "Emergency Vehicles Only" in the loading zone area, that the applicant would provide a painted curb and appropriate signs. Mr. Dubs seconded the motion, which carried unanimously. 8. OTHER None. 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the Board, Mr. Rosenstock moved to adjourn the meeting at 7:45 PM. Mr. Friedland seconded the motion which carried unanimously. Fran Avery Recording Secretary (One Tape) 6 DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-059 FROM: Bulent L Kastarlak, NCARB Development Director Tambri J. Heyden, AICP ~~. ~cl/U Planning and Zoning Director TO: DATE: February 18, 1998 SUBJECT: Home Depot Design Expo Center replatting/PCD/subdivision issue raised at the Planning and Development Board meeting As requested, regarding the above issue, please see attached memorandum to Jim Cherof. This memorandum was a product of a conference call and meeting with the city attorney, assistant city attorney, myself, the applicant and the applicant's attorney to resolve the above issue. The solution was agreeable to all parties. TJH:dim Attachment J.\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\SHPSWOOL\EXPO\REV TO COFAPPRL,DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-043 TO: Jim Cherof City Attorney FROM: Tambri 1. Heyden, AICP ~.p Planning and Zoning Director DATE: February 3, 1998 SUBJECT: Revisions to conditions of approval for Shoppes of Woolbright master plan modification and Home Deport Expo Design Center ) Based on staff's and your discussion with the applicant yesterday for the above-referenced projects, it is requested that the Commission approve the following changes tonight with respect to sidewalks, freestanding signage, the greenbelt buffer location and maintenance, replatting and unified control. These issues were either raised at the Planning and Development Board meeting last week or have arisen since the meeting: Master Plan Modification (Exhibit G) - a) Reword comment #3 to read "Since the proposed reconfiguration of the property north of Home Deport will combine the Expo Design Center building and a portion of the parking area with the existing Home Deport property and will create only one new parcel encompassing the remaining property fronting S.W. 81b Street, the 20,000 square foot future retail building attached to the Expo Design Center and a portion of the parking area, replatting is not required. However, provide a revised copy of the reciprocal access and easement agreement and the unified control agreement to include the Expo Design Center for review by Planning and Zoning and Legal staff." b) Delete comment #4. c) Reword comment #7 to read "The required 25 foot landscape buffer along the northern property line shall be included entirely within the PCD boundaries and not encroaching into the public right-of-way. Correct location of buffer accordingly. Pending settlement revisions will waive this code requirement however, execution of the settlement agreement is a condition of this approval." -., j .) Page 2 of2 Memorandum No. PZ98-043 d) Reword co=ent #8 to read "Submit a recordable landscape buffer maintenance agreement to provide for maintenance, by someone other than the city, of the portion of the greenbelt proposed within the Purple Heart public right-of-way." New Site Plan (Exhibit ill- e) Delete co=ent #13 f) Reword co=ent # 20 to read "The proposed 270 square foot site sign which will replace the existing sign on Woolbright Road exceeds the maximum 160 square foot sign area allowed by the sign code. Therefore, amend the sign to show no more than 160 square feet of signage unless otherwise resolved by the pending revised settlement agreement. 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.] Tm:dim xc: Susan Prillaman Mike Morton Mike Covelli Greg Kino ) S:\SHRDATA\Pl.ANNINO\SHARED\WPft..OJECTS\SHSWOOL\UVTO COFA 2-3 CC AGENDADOC ......_.11'1_ .....w_.__ REGULAR CITY COMMISSION BOYNTON BEAC:.!, FLORIDA FEBRUARY 3, 1998 Eddy Estime with "Island Beat Band" to provide music at Black Awareness Day 5. Proposed Resolution No. R98-27 Re: Authorizing approval of an entertainment agreement between the City of Boynton Beach and Annie Murzike with" Jr. Drinkwater and the Thirst Ouenchers" to provide music at Black Awareness Day 6. Proposed Resolution No. R98-28 Re: Central Regional Wastewater Treatment and January 21,1998 as follows: Ratification of South Disposal Board action of a. Authorization to expend on an emergency basis $2,500 from the Sinking Fund to repair Hycore Press; b. Authorization to increase the contract with R. J. Sullivan Corporation for the construction of Grit Discharge System in the Screening Building from $289,010 to $291,940 to cover $2,930 of Change Orders and extend contract completion by 120 days; c. Authorization to increase Ric Man's contract for the Northwest Reuse Project from $2,535,701.75 to $2,573,516.79 to cover $37,815.04 of Change Orders and extend the contract time by 18 days;--- d. Authorization to increase J. J. Kirlin's contract for the Northwest Reuse Project from $4,595,784 to $4,658;008 to cover $62,224 of Change Orders and extend the contract time by 80 days; and e. Authorization to expend on an emergency basis $25,000 from the Sinking Fund to repair two (2) eo Motors and Blowers D. Ratification of Planning & Development Board Action: Shoppes of Woolbright pce - 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 J- ~ ,1. \ ~c \. \ .\e)J r \ - V \<" Jl)e'7 . f ' r '" , N"" ."- '\ =":l ,Q: ~ f (' (c . v K" 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 pce Items D.1 and 0.2 were moved to "Development Plans". E. Approval of Bills F. Approve refund on Cemetery Lots 470 A & B, Block S, at Boynton Beach Memorial Part< purchased by James J. Houlahan G. Approve refund on Cemetery Lot 415 A, Block N, at Boynton Beach Memorial Park purchased by Peter Castronova 6 01/21198 WED 13:16 FAX GREE~BERG FARROW MEMORANDUM ~ ~ 0 '\II ~ .2'. DATE: January 21,1998 TO: Ms. Tambri Heyden City of Boynton Beach Planning & Zoning Director FROM: Susan Pri Ilaman RE: Boynton Beach EXPO Design Center cc: Mr. Mike Morton, The Morton Group Mr. John Shern, Home Depot USA -- ~ '1001 /6 ~J f,~ 00 '..,.,,,.""",.. , . . , , , . . , . - , . , , , . . . . ' r":f'~'II'r~.'tf:Dl" A II. C "I I 1 .. C 1 U R t [ ~ GIN [ E It 1 N C; P L I. N N I N G In speaking with Mike Morton this morning, I understand you agreed to put Home Depot's master and site plan applications on the February 3, 1998 City Commi~sjon meeting agenda. I need to ensure that the appropriate Home Depot executives are present. Since Mr. Shern's schedule is unusually busy that week, please confirm the date with me as soon as possible. Than ks. " vY/ ~ . ... f~ v y / ..,.~, ;/ >.-. '. ~ ~" r~ vv~~ \~~~~,~ ~ ~ Page 2 of2 Memorandum No. PZ98-043 d) Reword comment #8 to read "Submit a recordable landscape buffer maintenance agreement to provide for maintenance, by someone other than the city, of the portion of the greenbelt proposed within the Purple Heart public right-of-way." New Site Plan /Exhibit ill - e) Delete comment #13 f) Reword comment # 20 to read "The proposed 270 square foot site sign which will replace the existing sign on Woolbright Road exceeds the maximum 160 square foot sign area allowed by the sign code. Therefore, amend the sign to show no more than 160 square feet of signage unless otherwise resolved by the pending revised settlement agreement. 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.] Tlli:dim xc: Susan Prillaman Mike Morton Mike Covelli Greg Kino HSHRDATA\PLANNING\SHARED\WP\PROJECTS\SHPSWOOL\REV TO COFA 2-3 CC AGENDA.DOC Joint Pylon - Option 1 Interstate 95 o , ~I 1 I I -1 I 01 ~It-';' 5' I _ ~ gIl- I 91 IL I ~I ~ I ~ +~ 1 ~l t 10'-0" t CUent The Home: Depot Load" Boynton Beach, FL Date of Dc.len 12/11/97 De.lln Number THD2206.CDR RevllloD Number THD2206b.CDR Revl'lo_ Oate(.) OLI12198 01/14/98 ~ 11111111 D .. . l I . C .. " t .. , TENANT TENANT TENANT COLLINS SIGNS Ell 4255 Napier Field Road Dothan, Alabama 36303 334.983-8000 Telephone 334.983-1379 Fall TM'"....C1ig....IIIJU>I_~_ byCol....Slgno,Ir.:.~IIN>mrled!or~ f*I'CNI_.lnoomo<:t\<ll'lwllhaprojeabe- ingpl_flwlO'.~,.""'t<>I>e_lO ony<roO<UaOol"W~"""'!Obo _.~C<lpI<<lCl_n_ _"""""""""""'~"'c_~, 11'1(: 1lIII1lfOIXUl__bllK:U-prop. .......ofCQfflnfSlgno,IfC<I'lII~_ ~1twupll'_botltieol__ _. 00 O~ 2.91 2.." 0-. ~O iilcg .. 0 alO .,,:;" -'" ;::'9. "'a en'" n A ~ 6'-0" I ~'" ~S' -~ )> '"'0 0'" ifa :z: ~g 0" "''" 0 ~ X 3 =,. s; "';' 00 ) t;:j II '". e. ! ~ '" lIE -. ~~ g . - co ~" '" . . .,,=> ~ ~ f 0' s::?! :r 0; !" g en" ~ ." g~ 0 '" :0 !!l. s;~ I lI) 0 2.", . 0 1'1 ". 3 lB.=> ~~ . c. 0" m.. " ."", " ~ ,.~ " II c ()q ~E (!IE gO; It ~ ~: -. ~z 1'1 ~. g ""z M . " Cl. o B ;:t . '11 ~ OB ".. I!l. "" ~ " . ~ 3 (ill; 0 5' ~ .. oj " . ~ n 3 .,,- i! S::Pl n ena ~ '" ~3' 0 .01 ~ => ala; I . 0 2'3 => , "'Il!. '11 ~ 2' -< 3 '"' ) ~ 5' " !!l. 3 Z .~ i -< ""t !It P- " c. al 3 ~ 0 " "" a 0 ~ " il " '" ~t:&'& n <7 :l" :l" Ei- l,;, f< ill e ~ F ~ "" ' , i:' ~ -~ lO ;;; ~ & a ~ r ~ " ~;:;l it => ~ - ~ ~ P- .g .... ~ r ~ l . ~ ip;flj'iH llif!IIm 1::hh", 1!lmn'~ II~f'~'~~1 ,,"PLICATION TRACKING LOG PROJECT TITLE: ShoDDes of Woolbrillht (Home DeDot Expo Desilll1 Cu.) PROJECT LOCATION: East side of S.W.8th St., between Home DeDot II[ Industrial Access Rd. 4hz TYPE OF APPLlCATION:?~J>lan~ PUBLIC NOTICE REQUIRED: (YIN) D REVIEWER'S NAME: FILE N: NWSP 97-024 AGENT: Susan Prillaman ADDRESS: 1755 The ExchaDlre, Atlanta, Georlria 30339 AGENT PHONE: 770-J84-2691 FAX: 770-J84-2917 DATE REC'D: 12/17/97 AMOUNT: $1.500.00 12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: RECEIPT NO.: 2870 2 OF 12 SETS SIGNED AND SEALED D SURVEY D LANDSCAPE PLAN D FLOOR PLAN D SITE PLAN WITH SITE DATA D APPLICATION/SUBMITTAL: DATE ACCEPTED: DRAINAGE PLAN ELEVATION VIEW DRAWINGS COLORED ELEVATIONS RECEIVED MATERIAL SAMPLES RECEIVED PHOTOGRAPHS RECEIVED DATE DENIED: D D D D D DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES: DATE OF SUBMITTAL ACCEPTANCE LETTER: INITIAL 1ST REVIEW MEMO: DATE SENT: J '),11-3 MEMO NO. Cf1-r.,0<;" RETURN DATE: 1/1 I 1 ST REVIEW COMMENTS RECEIVED UTIL. P.W. PARKS FIRE PLA S MEMON DATE POLICE (Y PLANNING D BLDG/ENGR _007 7 FORESTER DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS: 90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW: PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: AMENDED APPLICATION D DRAINAGE PLAN D 2 OF12 SETS SIGNED AND SEALED D ELEVATION VIEW DRAWINGS D SURVEY D COLORED ELEVATIONS RECEIVED D LANDSCAPE PLAN D MATERIAL SAMPLES RECEIVED D FLOOR PLAN D TRANSPARENCY RECEIVED D SITE PLAN WITH SITE DATA D PHOTOGRAPHS RECEIVED D 2ND REVIEW MEMO: DATE SENT: (I (;,-' MEMO NO. RETURN DATE: I /:21 2nd REVIEW COMMENTS RECEIVED !f;.;:I~ I wN PLANS , r-;;,OY I" PLANS MEMON POLICE - PLANNING BLDG/ENGR FORESTER DATE '2.0 UTIL. P.W. PARKS FIRE LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED: BOARD: CITY COMMISSION: DATE: DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: D DATE: DATE: BOARD MEETING DATE: DEVELOPMENT ORDER SENT TO APPLICANT: D DATE: S:\FORMS\TRACKING LOG FORM revised 4/25/97 DE:. cLOPMENT DEPARTMENT MEMORANDUM NO. PZ 97- 604 TO: Kerry Willis, City Manager Bill Cavanaugh, Fire Prevention Officer Kevin Hallahan, Forester/Environmentalist Sgt. Marlon Harris, Police Department Clyde "Skip" Milor, Utilities Dept. Chief Field Insp. AI Newbold, Deputy Director of Development Sebastian Puda, Engineering Division Larry Roberts, Public Works Director/City Engineer John Wildner, Parks Superintendent John Yeend, Engineering Division /'1Cr'2-- Tambri J. Heyden, AICP Planning & Zoning Director FROM: DATE: December 17,1997 RE: MASTER PLAN MODIFICATION Project Home Depot Expo Design Center Location - East side of S.W8"' St., between Home.Depot & Industrial Access Rd. Agent - Susan Prillaman File No. - MPMD 97- 007 Find attached for your review the plans and exhibits for the above-referenced project. Please review the plans and exhibits and transmit formal written comments to the Director of Planning and Zoning no later than 5:00 P.M. on Januarv 7. 1998. When preparing your comments, please separate them into two categories; code deficiencies with code sections referenced and recommendations that you believe will enhance the project. Adhering to the following review guidelines will promote a comprehensive review and enable the applicant to efficiently obtain Technical Review Committee approval: 1. Use the review standards specified in Part III, Land Development Regulations, Chapter 3, Master Plan Review and the applicable code sections of the Code of Ordinances to review and formulate comments. 2. The documents submitted for the project were determined to be substantially complete, however, if the data provided to meet the submittal requirements is insufficient to properly evaluate and process the project based on the review standards or the documents show code deficiencies, additional data and/or corrections should be requested by the reviewer by contacting Jerzy Lewicki. 3. Each comment shall reference the section of the code that is incorrectly depicted on the documents. 4. Technical Review Committee member(s) shall identify in their comments when the plans depict or when the location and installation of their departmental required improvements may conflict with Page 2 Home Depot Expo Design Center TO: TRC Members RE: Planning and Zoning Memo 97- 007 other departmental improvements. 5. When a TRC Member finds a code deficiency that is outside of his/her review responsibility, the comment and the specific code section may be included in their review comments with the name of the appropriate TRC Member that is responsible for the review specified. 6. If a TRC member finds the plans acceptable, he/she shall forward a memorandum, within the time frame stated above, to the Planning and Zoning Director. The memorandum shall state that the plans are approved and that they do not have any comments on the plans submitted for review and that they recommend the project be forwarded through the approval process. All comments shall be typed, addressed and transmitted to the Director of the Planning and Zoning Division for distribution to the applicant. Please include the name and phone number of the reviewer on this memorandum. Jerzy Lewicki will be the Planning and Zoning staff member coordinating the review of the project. Planning and Zoning staff will send the applicant a cover letter which includes the comment(s) and directions to amend the plans to comply with the comments and the procedures for resubmission. When Planning and Zoning staff receives the amended plans, we will distribute the plans with a cover memorandum to all TRC Members for review and approval. T JH:jbg Attachment XC: (Memo Only) William Bingham, Fire Chief Charlie Frederick, Recreation & Parks Director Marshall Gage, Police Chief John Guidry, Utilities Director Central File S:\forms\MPMD 1streview-plans DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DO 98-018 ill UUUill .I/\U 2. I lOOO PLANNIN AND lON/N FROM: Tambri Heyden, Planning and Zoning Adf{~istrator Don Johnson, Deputy Building official0-t Sebastian Puda, Enginccring Inspector ,">l Ken Hall, Engineering Plan Check Inspecto~ January 21, 1991' rcO!P/f TO: DATE: RE: SHOPPES OF WOOLBRIGHT PCD (HOME DEPOT EXPO DESIGN CENTER)- NEW SITE PLAN NWSP 97-024 2NI> REVIEW COMMENTS Wc recommended approval of the request subject to the following comments: Buildin!! Division (Site Specific Comments) I. Add to the site plan, landscape plan and site drainage and utility plan notes and symbols that will identify and represent the location of the 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] 2. Add to the site plan drawing a detail drawing of the curb ramps shown 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] 3. The title of the plan that the sign drawings arc attached shall be 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. 4. The proposed 270 square toot site sign exceeds the maximum 160 square 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.] 5. Indicate and show on the site plan that there is no less than 10-feet between the leading edge of the site sign and the adjacent property lines. [Chapter 21- Sign Code, Article III, Section 5.] 6. To properly evaluate the proposed wall sign identify the length of all 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 the maximum total square footage of wall signage allowed shall not exceed one and one half(1-1/2) square feet of sign area tor each one (1) foot oflinear building frontage. Amend the plans accordingly. [Chapter 21- Sign Code, Artiele IV, Section 3.B.] Enl!ineerinl! Division (Site Specific Comments) I. Add a general note to the site plan that all handicap stalls shall be built in accordance with City Standard Drawing B-90012. Correct the "Parking Detail" on sheet SP-I to include 4" white diagonal stripes within the 5 ft. access aisles. 'I " i , " { I RESOLUTION NO. R95-~- l! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BE'IWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tradewinds Development Corporation and the City of Boynton Beach have heretofore been engaged in lengt.hy litigation over the development of property located in Boynton Beach, Florida, which lit.igation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case Nos. CL 86-3661 and CL 87-1638 AE; and WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint Vent.ure, is the successor in interest to t.he right.s of Tradewinds and is t.he sole owner of the property which was the subject of t.he above referenced litigation; and WHEREAS, t.he parties desire to enter int.o an Agrep.ment, , which shall supersede all previous agreements, st.ipulat.ions ,I and judgment.s concerning the rights of t.he parties as it .1 relates to the development of t.he subj ect property; I NOW, THEREPORE, BE IT RESOLVED BY THE CITY COMMISSION OP ,I THE CITY OF BOYNTON BEACH, FLORIDA, THAT~ i Section 1. The Mayor and City Clerk are hereby I authorized and directed to execute an Agreement between the ,: City of Boynt.on Beach and Howard Scharlin, Trustee for Woolbright Place, Joint Venture, which Agreement is attached :: heret.o as Exhibit "A". " , ~ I " Section 2. That this Resolution Ii effective immediately upon passage, shall become " :j I, 1/ I' I :1 PASSED AND ADOPTED this /.6 day of /-p#v , 1995. " I' 'I 'I !j :1 ! I Ii " il , ATTEST; :i~~9il':~..~.._ ; Ci y Clerk. ,I (Corporate Seal) . Auth.lg.dOQ ~r~'nd.."ft.\A07 4,I:21n SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE , JOINT VENTURE ("SCHARLIN") , this ~ day of {/ -'" /,,' i-~~ ' 1995, I . - -' WITNESSETH WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the Woolbright Place Joint Venture ("Woolbright") and the CITY have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and WHEREAS, Howard scharlin, Trustee for Woolbright Place, Joint venture, is the true party in interest to the rights of TRADEWINDS and is the sole owner of the property which was"the subject of the above referenced litigation; and WHEREAS, Scharlin desires to enter into an Agreement with the CITY which shall confirm the good standing of the parties under the stipulations and judgements entered in the above referenced litigation, and; WHEREAS, the parties have engaged in negotiations Which are intended to resolve 'all current and future development issues with respect to the real property identified in the above referenced litigation, including issues involving the interpretation of .the previous stipulations entered into between the parties and the Court Orders implementing same; and Final 5/16/95 .. WHEREAS, the parties have agreed upon the terms that will bring the litigation between them to a final conclusion in a manner which is equally beneficial to all interested parties, and to the citizens of the CITY; and WHEREAS, SCHARLIN has represented to the CITY that Scharlin is the only party who holds legal title to the property which is the subject of this litigation and represents all those with equitable interests therein, or who has standing to enforca the stipulations and Orders entered into in the' above referenced litigation. NOW, THEREFORE, in consideration of the mutual covenants expressed and exchanged herein the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2, All references to SCHARLIN herein shall mean Howard SCharlin, Trustee as authorized representative of owners of 100% of beneficial interest in Woolbright, his successors or assigns, J, INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the industrial access road centered within a 50' public right-of-way along the northern boundary of the PCD within twenty-one (21) months of the date of this agreement including, but not limited to, curbs and drainage. In return, the CITY agrees to abandon or convey to SCHARLIN the southernmost J 0 I of the industrial road right-of-way. The road shall be built in accordance with applicable design standards and with the typical cross section depicted on attached Exhibit'IIA". The design shall incorporate ~ west bound left turn lane on the industrial access road onto S.W, 8th street, a sidewalk along the north side of the road from S.W, 8th street to Final 5/16/95 Department of Development Memorandum No. DD 9R-0 I R Shoppes of Woolbright PCD (Home Depot Expo Design Center) - New Site Plan 2nd Review January 21, 199R Page #2 2. Construct a 100 ft. diameter cui-de-sac at the end of Purple Heart Way or an adequate, acceptable turnaround within the right of way at the end of the property line. [LDR Chapter 6, Artiele IV, Section IO.D. & Standard Drawing B-900IR] 3. Show sidewalk thruall driveways to delineate pedestrian path. [LDR Chapter 23, Article IJ.P.] 4. The north "25 ft. Landscape Buffer'. shall be located on the private property and not in the public right-of-way. [LDR Chapter 2, Section 6.F.7.f] 5. All plans submitted for specific permits shall meet the City's code requirements at time of application. These permits include, but arc not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required iI'om agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency should be ineluded with your permit request. 6. Provide an Engineer's certification that the drainage will conform with all rules, regulations, codes. etc. as required in LDR Chapter 4, Section 7.F.2. & Chapter 22, Artiele II, Section 7.A. & 7.D. 7. The drainage system for Home Depot should be completed as part of the permitting of the design center. R. Change the "9ft." dimension shown halfway into 5 ft. access aisle on parking detail to the center of the blue and white stripes to the left. [Standard Drawing B-900 12] 9. Show the 4 ft. concrete sidewalk I ft. off of the south R/W line of Purple Heart Way. [Standard Drawing B-91 005] 10. At Purple Heart Way and SW Rlh Street show two egress lanes for north and southbound traffic as stipulated in "Agreement" (attached). 11. Add an appropriately located W14-1 "Dead End" sign per FDOT Index 17349. Recommendations (for TRC consideration) I. Provide acceptable construction plans for Purple Heart Way at time of permit requests to construct design center, including streetlights per agreement between Morton and the City. 2. Consider a left turn only median for north and southbound traffic to enter Home Depot entrance and Cracker Barrcl Restaurant. Intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic, due to design center, creates a traffic hazard. Right turn only maneuvers from Home Depot will encourage use of Purple Heart Way for southbound traffic. MH/SP/KH:ck Xc: Bulent Kastarlak Michael Haag John Yeend ~ the eastern terminus of the road, with curbs and gutters along both sides, and a continuous ficus hedge along the property line which separates the PCD from the vinings Developmenb. . 'SCHARLIN shall provide surety for the roadway improvements in the manryer prescribed by the CITY's Land Development Cod~, The C!TY agrees that SCHARLIN.:(may'have no more than three (3) points of ingress and egress tothec.PCD from the industrial access road, provided the access points are located following the customary approval process for the location .of drive~ays. 4. LANDSCAPE BERM. In addition to other berms or walls which are required to be constructed in the PCD or PUD, SCHARLIN shall construct irrigated landscape berm along the west boundary of the PCD and PUD, less the church parcel, within three months of the execution of this Agreement. The berm height shall be measured from the elevation on the Leisurevil1e side of the berm and may consist of five (5) feet of earthen berm and a ficus hedge, The berm shall be landscaped along its high point with a continuous ficus hedge planted and maintained in accordance with the lIIemo dated May II, 1995, a copy of which is attached hereto as Exhibit "CII. 5. VESTING: The CITY agrees that any and all CITY and County impact fees which are required to be paid for the PUD and PCD shall be calculated at the fee rate in effect in November, 1986 and the CITY shall collect such 1986 impact fee 'from the applicant as development orders are issued and as a condition precedent to the issuance of any bui.lding permits, SCHARLIN shall pay all othe-r building and permitting fees in effect at the time of applic~ion, Final 5/16/95 To the extent that a category of impact fee did not exist in 1986 and was thereafter implemented by the CITY and/or County SCIUffiLIN shall not be required to pay such fees. The CITY is not a party to any agreement between SCHARLIN and Palm Beach County regarding County impact fees, The CITY shall remit to the County any impact fees paid by SCHARLIN to the CITY for County impact fees but the . CITY shall have no additional liability to SCHARLIN or the County if the County demands additional fees, and SCHARLIN shall hold CITY harmless from any such liability, 6. USES IN THE PCD: The parties agree that all uses permitted under current peD or C-J zoning regulations are permissible in the boundaries of the current PCD, subject to conditional use approYal by the City commission when so designated in the City Code', By way of example: fast permitted use, restaurants with drive thru food restaurants are a . are a conditional use~ requiring Commission approval. 7. FORCED AIR BURNING: The CITY agrees to permit one (1) controlled air/forced air burning on the site, from the date of this agreement, subject to Fire Department approval and proper atmospheric conditicns. 8, GARDEN CENTER/ACCESSORY USE: The CITY acknow1eqges that the Home Depot Outdoor Garden Center is an accessory use and that said Garden Center shall not be included as part of the retail gross leasable area. 9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the development review procedure attached hereto as Exhibit "B" shall be implemented and applied to all applications by SCllARLIN for Final 5/16/95 l \. further construction permitting on the property. The CITY further agrees that upon receipt of applications as required by applicable ordinances, it shall process maste~ plan modifications and site plans in accordance with the schedule attached as Exhibit liB", 10, SCHARLIN shall be required to bond all required subdivision improvements including on and off-site improvements required by ~ITy' Code, 11, MASTER PLAN MODIFICATION: Nothing herein shall prevent SCHARLIN from seeking modification of the current master plan, Notwithstanding any previous requirement, additional commercial buildings need not be attached to the Home Depot Garden Center. Master Plan modifications shall be conducted in accordance with the procedures in place at time of application for same, 12, PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall have the right to phase development of the PCD and/or the PUD as .. well as sever portions of the property from the PUD or PCD, provided, however, that the phasing of any improvements which are required by the subdivision and platting regulations shall be in accordance with the revised master plans submitted by SCHARLIN and approved by the CITY, and phasing of said improvements is re..onabl,y related to the land uses that are proposed in the particular phase, 13, ADDITIONAL CURB CUTS: Notwithstanding any prior agreement, SCHARLIN may request additional curb cuts along S.W, 8th Street. Approval shall be subject to customary review and hearing for traffic flow and safety considerations, 14, RELEASE AND SETTLEMENT: Upon execution of this Final 5/16/95 '- ", . Agreement by both parties and approval by Court order all prior stipulations, agreements, letters of understanding, negotiations shall be deemed in good standing and satisfied and the future rights of the parties shall be governed by this Agreement and the applicable provisions of the CITY Code of ordinances, as that Code is amended from time to time, a General SCHARLIN shall provide to the CITY ~. " ..-, ,r from SCHARLIN, ~,,,; ~-/ ,''-;:,/:r / /.- " I pt,,,,-,, . ".,IIC,'~C~ ~~' v---:- I ~- WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON Release . !~(..1 I r releasing the CITY from all claims or actions accrued or outstanding which either has or may assert against the CITY, except those claims or actions which may accrue in the future based upon either party's failure to comply with any provision of this Agreement, 15. COMMISSION/COURT APPROVAL: This Agreement shall have no force and effect until approved by a majority of the CITY Commission and the entry of an Order approving a Stipulation for Settlement and Dismissal referencing the terms of this Agreement, 16, ATTORNEY FEES: SCHARLIN shall pay to the CITY Five Thousand ($5,000.00) Dollars, representing attorney fees and costs incurred by the CITY in this action. 17. CODE COMPLIANCE: The parties agree that unless herein stipulated, all current and future activities will be governed by City Codes and Regulations in force and effect upon the date of application to~ an activity, 18. REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete construction of all required improvements inClUding, but not limited to, the industrial access road referenced in paragraph 3 Final 5/16/95 , , ,"-, above, and previously required landscaping, SCHARLIN further agrees to provide 110% surety for all required improvements and to complete the required improvement within twenty-one (21) months of t~e date of the CIT~ Comm~ssiQn acceHtanqe o~ this ~greement. 19, RIGHT-OF-WAY LICENSING AGREEHENT: The parties agree that the Grant of License by the CITY to SCHARLIN as recorded with Palm Beach county on December 11, 1990 (90-352210, Official Record Book 6667, Page 103) remains in full force and effect, The parties agree to correct an error in the legal description contained therein, 20, ENFORCEABILITY: Nothing herein shall constitute a waiver on the part of either party to seek jUdicial enforcement of the terms of this Agreement, This Agreement shall be binding on all successors or assigns of SCHARLIN, JAC/lms 900304 AGREE. 1 Final 5/16/95 THE CITY OF BOYNTON BEACH by: ATTEST: (CITY Seal) - 1-9,- H rd Scharl!n, Trustee of ~O,Ol right Place Joint ve~ .' / fJ ,::c/t:':"ce/:';!,l_.{..\_/~ / ./l{ .t.f,'C,.vl,( 1t'/~?;. / 1:Z . ~ l. ~ - - \J\ '" ::: - .~ v -J' .\ ~\ ~tt .{l~'6. tlt ~ ,- ~ ::;It ::(1; . ~~ ~~ - -- -. - - -<) U) - '7.' . ~ . \ \Cl ~ 0; ;\,\1 i 'i "1"~. I \ . \ ~ \l. 3 ":r\ :' \~....., -;~ 1." \l ~ e t( '1'1 1..;. ~ ", v, ~~ ", t a~ ::. ~ tll~ 1:: 'j 1.11 ~', ~ \\:. t f4 ',; - \'.~~~ .. 1=...\ c-' - ~ - .' (..l ~: Q ~.. - .- - - - . i \\ \\ \ \ .. - - l) { ~ t ") u ~ ~ f~ ~ - \ \ ~ , \ y ~-; ~ ",- ""'" "2 -J 3 \ ~ -~ ~ ~. g ~ ~ C::i. ,_ o , ~ ~ 2 t- - \. ~ ~,i \J) \\ o ~~I (l.- ;. t! - 0 '{I",~ ~ u Q... Q~,' "J'l ~ ~ S~~ ~ ~~' : ~~ ~ ~~ \.t\~ ~~ - -' ----- MEMORANDUM UTILITIES DEPT. NO. 98 - 004 TO: Tambri Heyden, Planning ~r ~olm A. Guidry, Utilities Director FROM: DATE: January 5, 1998 SUBJECT: Home Depot Expo Center - Site Plan - 1" Review We offer the following comments on this project: GENERAL COMMENTS 1) All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2) Dept. of HRS permits will be required for the water system serving this project. (Sec. 26-12) 3) Fire flow calculations will be required demonstrating the City Code 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)). Please submit these calculations with your HRS permit submittal. 4) Sec. 26-34(E) of the City Code requires that a capacity reservation fee be paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5) Comp Plan policy 3C3A requires the conservation of potable water. City water may, therefore, not be used for irrigation where other sources are readily available. 6) Provide an engineer's written certification that drainage will conform with all rules of the City and the South Florida Water Management District. (LDR Chap. 4, sec. 7F) SPECIFIC CONDITIONS 1) Water and sewer lines to be owned and operated by the City shall be included within utilities easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in Sec. 26-33(a) of the Code. 2) LDR chap. 6, Article IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrant. 3) Appropriate backflow preventers will be required on the domestic water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. 4) The final engineering drawings shall show the connection of the proposed water main to the existing water main north of the project site. Please refer any questions on this matter to Peter Mazzella (375-6404) of this office. JAG/PVM xc: Skip Milor Peter Mazzella File DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-007 ~" TO: Tambri J. Heyden Planning and Zoning Director FROM: Jerzy Lewicki Senior Planner DATE: January 5,1998 SUBJECT: New Site Plan - 1st Review Project: Home Depot - Expo Location: East Side of S. W. 8th Street, between Home Depot and Industrial Access Road in the Shoppes of Woolbright. Agent: Susan Prillaman File No.: NWSP 97-024 The following is a list of 1 st review comments regarding the site plan review of the plans for the above-referenced project. The applicant shall understand that all documents and plans submitted for site plan review are subject to additional comments. Planning and Zonning recommends that the applicant/agent contact this office regarding questions related to the comments. If the applicant is not intending to correct code deficiencies, he should contact this office regarding the procedures, application forms, fees and submittal deadline dates for seeking relief from the code requirement. 1. Provide clause on the survey stating that the property was abstracted for right-of-way and easements, as required by Land Development Regulations, Chapter 4 Section 7.A 2. Land Development Regulations require that all plans submitted as a part of the site plan submittal shall be drawn to the same scale as the site plan. With the site plan resubmittal provide a landscape plan meeting this requirement. (LDR, Chapter 4, Section 7.C.1). 3. Vehicular use areas required a 2.5 feet landscape buffer containing a barrier, preferably a hedge. Such barrier shall be located between parking area and common lot line of abutting property. A 5 feet landscape strip containing a barrier or hedge and trees at a maximum of 40 feet on center is required between vehicular area and right-of-way. (LDR Chapter 7.5, Article II, Section 5). 4. Include the following landscape notes as required by Chapter 7.5 Article II "Landscape Code", Section 5A Band C: * All landscaping shall be installed in workmanlike manner and according to accepted good planting procedures with quality of plant materials as hereinafter described. * All landscaped areas shall be provided with an automatic irrigation water supply system. * Plant materials shall conform to Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I 1963 and Part II, State of Florida department of Agriculture, Tallahassee, or equal thereto. Page 2 Home Depot Expo 1" Review - New Site NWSP 97-024 ~,#f( 5. Indicate on landscape plans, the triangular areas on both sides of accesseways formed by the intersection of each side of accessway and public right-of-way. Two sides of such triangle being be 10 feet in length from point of intersection and the third side being a line connecting the ends of the other two lines as described in Chapter 7.5 Article II, "Landscape Code", Section 5.H. 6. Indicate on landscape plans that the areas described above shall provide an unobstructed cross visibility at a level between 30 inches and 6 feet above pavement. (Chapter 7.5 Article II, Section 5.H). 7. Indicate on landscape plans that no landscape material except for grass shall be located closer than 3 feet form accessway pavement, as required by Landscape Code, Section 5.H. 8. The landscape plan shall contain all existing and proposed on the property easements and lighting fixtures. With the resubmittal include a landscape plan containing this information. (LOR, Chapter 4, Section 7.C.1). 9. Exterior utility boxes, meters, transformers, etc. shall be screened from view by a wall or continuos hedge. (Chapter 9, Community Design Plan Sec. 10.CA). 10. Provide with the 2nd submittal information regarding sign colors and materials in accordance to Land Development Regulations, Chapter 9 "Community Design Plan", Section 10.1. If this information will not be included in the 2nd submittal of the project, another formal submittal will be required to be reviewed by the Planning and Development Board, prior to sign permits being issued for any of the proposed buildings. The proposed signage may require the Shoppes of Woolbright sign program to be modified. 11. Prior to the Planing and Development Board meeting submit to Planning and Zoning a presentation board containing samples of all exterior building materials to be used for construction. (LOR, Chapter 4, Section 7.0). 12. Prior to the Planing and Development Board meeting submit to Planning and Zoning color elevations of all buildings and signage. (LOR, Chapter 4, Section 7.0). -- 13. Depict color code and manufacturer on all exterior finishes on elevations of all building and structures. (LOR, Chapter 4, Section 7.0). 14. Indicate on the site plan the location of dumpsters. Dumpsters and recycling receptacles shall be screened by a 6' block wall with gates, and landscaped with accent shrubs. Provide details of dumpster enclosure. (LOR Chapter 9, Community Design Plan, Section 15. Any roof top equipment will have to be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the Page 3 Home Depot Expo 1" Review - New Site NWSP 97-024 ~ required screening (all reduced to a small scale) and draw in on these elevations the Iines- of-sight connecting the highest point of the equipment with the eye level from a distance of 600 hundred feet from the building (LOR, Chapter 9, Section 11.E). 16. From the architectural submittal eliminate any references regarding the proposed retail bay south of the Expo building per the preliminary meeting with the City's representatives. S:IPLANNINGISHAREDlWPIPROJECTSISHPSWOOL IEXPOINWSPI 1 ST-REVC.DOC ~ ' ~ u \}) i ;~ .---...- --. . ! DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DD 98-007 ill JM6 8 &l8 WI TO: FROM: Tambri Heyden, Planning and Zoning Adminis~oJ . . Don Johnson, Deputy Building Official~~ January 7, 199R DATE: RE: SHOPPES OF WOOLBRIGHT PCD- NEW SITE PLAN (NWSP 97-024) ." REVIEW COMMENTS We have revicwed the subject plans and offer the following comments that should be addressed prior to the project being forwarded for Board review: I. Add to the proposed Site Plan, Landscape Plan and Site Drainagc & Utility P n tcs, symbols and dimensions that represcnt thc location and width ofthc accessible oute that is required ITom the abutting street to the accessible entrance of the building and/or each tenant space. Also identify the type of material proposed for the route including specifying the slope. The width, slope and surface material shall comply with thc regulations specified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.3, Accessible Route] Buildin!! Division (Site Specific Comments) - Michacl E. Haag 561-375- 2. Add to the proposed Sitc Plan, Landscapc Plan and Site Drainagc & Utility Plan notcs and symbols that rcpresent the location and width of the access aisle that is required for all accessible parking spaces. The width and location shall comply with the specifications identified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.6.3, Parking Spaces and figure 9(a)] 3. Add to the proposed Sitc Plan, Landscapc Plan and Site Drainage & Utility Plan notes, symbols and dimensions that represent the location and width of the accessible route that is required from the accessible parking space access aisle to the accessible entrance of the building and/or each tenant space. Also identify the type of material proposed for the route including specifying the slope. The width, slope and surface material shall comply with the regulations specified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.6, Parking and Passenger Loading Zones] 4. The proposed wall signage and where applicable site signage will require a modification to the Shoppes of Woolbright peD sign program. This modification shall run concurrently with this site plan request. [Per comment #24 of the previous sign program modification approved on November 19, 1997 and Chapter 21-Sign Code, Article IV, Section 7] Department of Development Memorandum No. DD 98-007 Re: Shoppes of Woolbright PCD - New Site Plan I" Review Comments January 7, 1998 Page #2 Enl!ineerinl! Division (Site Soecific Comments) - Sebastian Puda & Ken Hall 561-375-6280 I. On all plans submitted, including the survey, change the name of the road identified as "Industrial Access Road'. or "Morton's Way"' to "Purple Heart Way" per Commission resolution. 2. Add a general note to the site plan that all handicap stalls shall be built in accordance with City Standard Drawing B-900 12 including a $250 fine plate under the handicap sign. Correct the "Parking Detail" on sheet SP-I to include 4" white diagonal stripes within the 5 ft. access aisles. 3. Revise the parking lot dimensions to show 18 ft. deep stalls and 27 ft. wide aisles per City Standard Drawing B-900 13. 4. Construct a 100 ft. diameter cuI-de-sac at the end of Purple Heart Way or an adequate, acceptable turnaround within the right of way. [LDR Chapter 6, Article IV, Section IO.D.] 5. Locate the six northernmost handicap stalls northward to the next 7 ft. wide median to provide closer accessibility to the main entrance of the design center. [4.6.2. ofthe Florida Accessibility Code] 6. Show an acceptable fire lane striping and signage along the front of the design center and retail store in accordance with LDR Chapter 23, Article 11.8.2. 7. Show sidewalk thru all driveways to delineate pedestrian path. [LDR Chapter 23, Article II.P.] 8. The north "25 ft. Landscape Buffer" shall be located on the private property and not in the public right-of-way. [LDR Chapter 2, Section 6.F.7.f.] 9. All plans submitted for specific permits shall meet the City"s code requirements at time of application. These permits include, but arc not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM. LWDD. DEP and any other permitting agency should be included with your permit request. 10. Relocate loading space a SE corner of design center. II. Remove the stop sign and bar at the end of the ingress lane into Home DepotlDesign Center for efficient movement of traffic. Add stop bar/sign for Home Depot northbound traffic. [LDR Chapter 23. Article 11.8.1.] 12. Regarding the two southernmost parking aisles between the main entrance and the existing garden center; shift the center landscaped island at the west end to the cast to align with the two islands north and south for safe and efficient movement of northbound traffic. 13. Provide an Engineer's certification that the drainage will conform with all rules, regulations, codes, etc. as required in LDR Chapter 4, Section 7.F.2. & Chapter 22, Article II, Section 7A & 7.D. 14. The drainage system for Home Depot should be completed as part of the permitting of the design center. Department of Development Memorandum No. DD 98-007 Re: Shoppes of Woolbright PCD New Site Plan I <, Review Comments January 7, 1998 Page #3 Recommendations (for TRC consideration) I. Provide acceptable construction plans for Purple Heart Way at time of permit requests to construct design center, including streetlights per agreement between Morton and the City. 2. Consider a left turn only median for north and southbound traffic to enter new main entrance and Cracker Barrel Restaurant. Intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic, due to design center, creates a traffic hazard. Right turn only maneuvers /Tom Home Depot will encourage use of Purple Heart Way for southbound traffic. MH/SP/KH:ck }(z>'-.-\/1 \qg C)1s-~ Xe: Bulent Kastarlak Michael Haag Sebastian Puda Ken Hall (';\My Doculflcnts\Shoprcs \lfWoolbright N'D, New Site Plan I sLdo(,; llli Recreation & Park Department Memorandum ~J lli i JU .t0198 Re: Tambri Heyden, Planning and Zoning Director John Wildner, Parks superintenden0J ~1It)ff'~ DF WOO(,-t5~t6r1<t , /- / G-f/g . titliNG AND To: From: Date: /II f/AJ f c j) 1?h;;C f>e7""~ e;ir bEs/~?</ S / t,€ P'I"I C!5,v1he The Recreation and Park Department has reviewed the above listed plans. There are currently no outstanding recreation-related issues. The plans may continue through the normal review process. JW CITY t)J< BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: NWSP 97-024 FROM: Tambri Heyden. AICP Planning & Zoning Officer Rig~ Police Dep:~ DATE: 01/20/98 FILE: SUBJECT: Home Depot Expo Center 2n REFERENCES: PZ 98-021/ PZ 98-022 1 have no additional comments in reference to this submittaL ENCLOSURES: o DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DD 98-018 ill JAN21. 00 rn@rnowrn FROM: Tambri Heyden, Planning and Zoning Ad~inistrator Don Johnson, Deputy Building Official~ Sebastian Puda, Engincering Inspector ), Ken Hall, Engineering Plan Check Inspecto~ January 21, 199R TO: DATE: RE: SHOPPES OF WOOLBRIGHT PCD (HOME DEPOT EXPO DESIGN CENTER)- NEW SITE PLAN NWSP 97-024 2ND REVIEW COMMENTS We recommended approval of the rcquest subjcct to the following comments: Buildinl! Division (Site Soecific Comments) I. Add to thc site plan, landscape plan and sitc drainagc and utility plan notes and symbols that will identify and represent the location of the accessible route that is required from the abutting street to the accessible entrance of the building and each tenant space. Also, add to thc site plan and sitc 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 codc. [Florida Accessibility Code for Building Construction. Section 4.3, Accessible Route] 2. Add to the site plan drawing a detail drawing of the curb ramps shown on shect 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.R] 3. The title of the plan that the sign drawings are attached shall be rcnamed 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. 4. The proposed 270 square foot site sign exceeds the maximum 160 square foot sign area allowed by the sign code. Thcrcfore, 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 thc proposed site sign. Also, identify the colors proposed for the sign frame and sign structure. [Chaptcr 21- Sign Codc, Articlc IV, Section 3.8.] 5. Indicate and show on the sitc plan that there is no less than 10-feet bctwcen the Icading cdge ofthc site sign and the adjacent property lines. [Chapter 21- Sign Code, Articlc III, Seetion 5.] 6. To properly evaluate thc proposed wall sign identify the length of all 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 spacc. Note thc maximum total square footage of wall sign age 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.] Enl!ineerinl! Division (Site Soecific Comments) I. Add a gencral note to the site plan that all handicap stalls shall be built in accordance with City Standard Drawing B-900 12. Correct thc "Parking Detail" on sheet SP-I to include 4" white diagonal stripes within the 5 ft. access aisles. Department of Development Memorandum No. DD 9R-0 I R Shoppes of Woolbright PCD (Home Depot Expo Design Center) New Site Plan 2nd Review January 21, 199R Page #2 2. Construct a 100 ft. diameter cui-de-sac at the end of Purple Heart Way or an adequate, aeeeptable turnaround within the right of way at the end of the property line. [LDR Chapter 6, Artiele IV, Section IO.D. & Standard Drawing B-900IR] 3. Show sidewalk thru all driveways to delincatc pcdcstrian path. [LDR Chapter 23, Article II.P.] 4. Thc north "25 ft. Landscape Buffer" shall bc located on thc private property and not in the public right-of-way. [LDR Chapter 2, Section 6.F.7.f.] 5. All plans submitted for specific pcrmits shall meet the City's code requirements at time of application. These permits ineludc, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM, L WDD, DEP and any other permitting agency should be included with your permit request. 6. Provide an Engineer's certification that the drainage will conform with all rules, regulations, codes, etc. as required in LDR Chapter 4, Section 7.F.2. & Chapter 22, Article II, Section 7.A. & 7.D. 7. The drainage system for Home Depot should be completed as part of the permitting of the design center. R. Change the "9ft." dimension shown halfway into 5 ft. access aisle on parking detail to the center of the blue and white stripes to the left. [Standard Drawing B-900 12] 9. Show the 4 ft. concrete sidewalk I ft. off of the south R1W line of Purple Heart Way. [Standard Drawing B-91005] 10. At Purple Heart Way and SW R'h Street show two egress lanes for north and southbound traffic as stipulated in "Agreement" (attached). II. Add an appropriately located W14-1 "Dead End" sign per FDOT Index 17349. Recommendations (for TRC consideration) I. Provide acceptable construction plans for Purple Heart Way at time of permit requests to construct design center, ineluding streetlights per agreement between Morton and the City. 2. Consider a left turn only median for north and southbound traffic to enter Home Depot entrance and Cracker Barrel Restaurant. Intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic, due to design center, creates a traffic hazard. Right turn only maneuvers from Home Depot will encourage use of Purple Heart Way for southbound traffic. MH/SP/KH:ck Xc: Bulent Kastarlak Michael Haag John Yeend " , ',' i.' I " RESOLUTION NO. R95-~ l! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Tradewinds Development Corporation and the City of Boynton Beach have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case Nos. CL 86-3661 and CL 87-1638 AE; and WHEREAS, Howard Scharlin, Trustee for Woolbright Place, I' Joint Venture, is the successor in interest to the rights of Tradewinds and is the sole owner of the property which was the i subject of the above referenced litigation; and WHEREAS, the parties desire to enter into an Agreement, 1 which shall supersede all previous agreements, stipulations ,i and judgments concerning the rights of the parties as it ,I relates to the development of the subj ect property; I NOW, THEREPORE, BE IT RESOLVED BY THE CITY COMMISSION OP :1 THE CITY OP BOYNTON BEACH, PLORIDA, THAT~ j Section 1. The Mayor and City Clerk are hereby \ authorized and directed to execute an Agreement between the ,', City of Boynton Beach and Howard Schar1in, Trustee for Woolbright Place, Joint Venture, which Agreement is attached " hereto as Exhibit "A". " , ;i Section 2. That this Resolution Ii effective immediately upon passage. shall become " " :j " il I' I !I " I' 'i 'I !I :1 " PASSED AND ADOPTED this /6 day of ~#V , 1995. II " il I " ATTEST: :i~~9>!:~~~~ ; Ci y Clerk .1 (Corporate Seal) ,,"utl'l.lg.doct Tr.dlWlnd,.,tftllA" 4,12,n 1..-. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT PLACE JOINT VENTURE ("SCHARLIN"), this ~. /1/ ."r, /. I' ,2'-",.~ ' 1995. .' "7 day of WITNESSETH WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the Woolbright Place Joint Venture ("Woolbright") and the CITY have heretofore been engaged in lengthy litigation over the development of property located in Boynton Beach, Florida, which litigation is subject to stipulations and judgments entered in Palm Beach County Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint Venture, is the true party in interest to the rights of TRADEWINDS and is the sole owner of the property which was..the subject of the above referenced litigation; and WHEREAS, Scharlin desires to enter into an Agreement with the . . CITY which shall confirm the good standing of the parties under the stipulations and judgements entered in the above referenced litigation, and; WHEREAS, the parties have engaged in negotiations which are intended to resolve'all current and future development issues with respect to the real property identified in the above referenced litigation, including issues involving the interpretation of .the previous stipulations entered into between the parties and the Court Orders implementing same; and Final 5/16/95 " WHEREAS, the parties have agreed upon the terms that will bring the litigation between them to a final conclusion in a manner which is equally beneficial to all interested parties, and to the citizens of the CITY; and WHEREAS, SCHARLIN has represented to the CITY that Scharlin is the only party who holds legal title to the property which is the subj ect of this litigation and represents all those with equitable interests therein, or who has standing to enforce the stipulations and Orders entered into in the above referenced litigation. NOW, THEREFORE, in consideration of the mutual covenants expressed and exchanged herein the parties agree as follows: 1. The foregoing whereas clauses are true and correct. 2. All references to SCHARLIN herein shall mean Howard Scharlin, Trustee as authorized representative of owners of 100% of beneficial interest in Woolbright, his successors or assigns. 3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the industrial access road centered within a 50' public right-of-way along the northern boundary of the PCD within twenty-one (21) months of the date of this agreement including, but not limited to, curbs and drainage. In return, the CITY agrees to abandon or convey to SCHARLIN the southernmost 30' of the industrial road right-of-way_ The road shall be built in accordance with applicable design standards and with the typical cross section depicted on attached Exhibit' "A". The design shall incorporate a west bound left turn lane on the industrial access road onto S.W. 8th street, a sidewalk along the north side of the road from S.W. 8th street to Final 5/16/95 ~ the eastern terminus of the road, with curbs and gutters along both sides, and a continuous ficus hedge along the property l!ne which separates the PCD from the Vinings Development,. 'SCHARLIN shall provide surety for the roadway improvements in the man~er prescribed by the CITY's Land Development Cod~. The C!TY agrees that SCHAR~~Hi~ay'have no more than three (3) points of ingress and egress to'l:lfe"/'PCD from the industrial access road, provided the "~,I. ' access points are located following the customary approval process for the location of drive~ays. 4. LANDSCAPE BERM. In addition to other berms or walls which are required to be constructed in the PCD or PUD, SCHARLIN shall construct irrigated landscape berm along the west boundary of the PCD and PUD, less the church parcel, within three months of the execution of this Agreement. The berm height shall be measured from the elevation on the Leisureville side of the berm and may consist of five (5) feet of earthen berm and a ficus hedge. The berm shall be landscaped along its high point with a continuous ficus hedge planted and maintained in accordance with the memo dated May 11, 1995, a copy of which is attached hereto as Exhibit "C". 5. VESTING: The CITY agrees that any and all CITY and County impact fees which are required to be paid for the PUD and PCD shall be calculated at the fee rate in effect in November, 1986 and the CITY shall collect such 1986 impact fee from the applicant as development orders are issued and as a condition precedent to the issuance of any bui;l.ding permits. SCHARLIN shall pay all other building and permitting fees in effect at the time of applic~ion. Final 5/16/95 To the extent that a category of impact fee did not exist in 1986 and was thereafter implemented by the CITY and/or County SCI~LIN shall not be required to pay such fees. The CITY is not a party to any agreement between SCHARLIN and Palm Beach county regarding county impact fees. The CITY shall remit to the county any impact fees paid by SCHARLIN to the CITY for county impact fees but the , CITY shall have no additional liability to SCHARLIN or the county if the county demands additional fees, and SCHARLIN shall hold CITY harmless from any such liability. 6. USES IN THE PCD: The parties agree that all uses permitted under current PCD or C-3 zoning regulations are permissible in the boundaries of the current pce, subject to conditional use approYalby the city Commission when so designated in the city Code'. By way of example: fast permitted use, restaurants with drive thru food restaurants are a ' are a conditional use; requiring Commission approval. 7. FORCED AIR BURNING: The CITY agrees to permit one (1) controlled air/forced air burning on the site, from the date of this agreement, subject to Fire Department approval and proper atmospheric conditions. 8. GARDEN CENTER/ACCESSORY USE: The CITY acknowledges that the Home Depot outdoor Garden Center is an accessory use and that said Garden Center shall not be included as part of the retail gross leasable area. 9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the development review procedure attached hereto as Exhibit "B" shall be implemented and applied to all applications by SCHARLIN for Final 5/16/95 l \. further construction permitting on the property. The CITY further agrees that upon receipt of applications as required by applicable ordinances, it shall process master plan modifications and site plans in accordance with the schedule attached as Exhibit "B". 10. SCHARLIN shall be required to bond all required subdivision improvements including on and off-site improvements required by CITX Code. 11. MASTER PLAN MODIFICATION: Nothing herein shall prevent SCHARLIN from seeking modification of the current master plan. Notwithstanding any previous requirement, additional commercial buildings need not be attached to the Home Depot Garden Center. Master Plan modifications shall be conducted in accordance with the procedures in place at time of application for same. 12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall have the right to phase development of the PCD and/or the PUD as well as sever portions of the property from the PUD or PCD, provided, however, that the phasing of any improvements which are required by the SUbdivision and platting regulations shall be in accordance with the revised master plans submitted by SCHARLIN and approved by the CITY, and phasing of said improvements is reasonably related to the land uses that are proposed in the particular phase. 13. ADDITIONAL CURa CUTS: Notwithstanding any prior agreement, SCHARLIN may request additional curb cuts along S.W. 8th street. Approval shall be subject to customary review and hearing for traffic flow and safety considerations. 14. RELEASE AND SETTLEMENT: Upon execution of this Final 5/16/95 Agreement by both parties and approval by Court order all prior stipulations, agreements, letters of understanding, negotiations shall be deemed in good standing and satisfied and the future rights of the parties shall be governed by this Agreement and the applicable provisions of the CITY Code of ordinances, as that Code is amended from time to time. a General SCHARLIN shall provide to the CITY ~. '--- /-( from SCHARLIN, A ,C: (-,,( ".,;,/f:.- / /.- " /1/"<-" , .~ ..c< 1<&"- ~: _ f ?' ' I WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON Release . tA'-t / r releasing the CITY from all claims or actions accrued or outstanding which either has or may assert against the CITY, except those claims or actions which may accrue in the future based upon either party's failure to comply with any provision of this Agreement. 15. COMMISSION/COURT APPROVAL: This Agreement shall have no force and effect until approved by a majority of the CITY commission and the entry of an Order approving a Stipulation for Settlement and Dismissal referencing the terms of this Agreement. 16. ATTORNEY FEES: SCHARLIN shall pay to the CITY Five Thousand ($5,000.00) Dollars, representing attorney fees and costs incurred by the CITY in this action. 17. CODE COMPLIANCE: The parties agree that unless herein stipulated, all current and future activities will be governed by city Codes and Regulations in force and effect upon the date of application to~ an activity. 18 . REQUIRED IMPROVEMENTS: SCHARLIN agrees to complete construction of all required improvements including, but not limited to, the industrial access road referenced in paragraph 3 Final 5/16/95 , \, '., ". above, and previously required landscaping. SCHARLIN further agrees to provide 110\ surety for all required improvements and to complete the required improvement within twenty-one (21) months of t~e date of the CIT~ Comm~ssion acce~tanqe o~this ~greement. 19. RIGHT-OF-WAY LICENSING AGREEHENT: The parties agree that the Grant of License by the CITY to SCHARLIN as recorded with Palm Beach County on December 11, 1990 (90-352210, Official Record Book 6667, Page 103) remains in full force and effect. The parties agree to correct an error in the legal description contained therein. 20. ENFORCEABILITY: Nothing herein shall constitute a waiver on the part of either party to seek judicial enforcement of the terms of this Agreement. This Agreement shall be binding on all successors or assigns of SCHARLIN. THE CITY OF BOYNTON BEACH by: ATTEST: JAC/lms 900304 AGREE. 1 H' rd Scharlin, Trustee of fj;001 right Place Joint ven~ ' . / ~ C.,,(/ I:':<e/~ I J- (-v,./~ '/ /'1.( -L;~/C.~'( (II~(:; - 1-9,- i Final 5/16/95 ~ - ------ ---~ z . J -<:) U) - - \l' \l - ~ - .~ v -J' .\ ~\ ~~0. [~t V '1- f ~~ ~~ ::Ii; !\ - ---- '7.' l . \ '" ~ - '\ ,I! "%. ~ r~ :, I, \ ~\l ~ 3--;r\.", "-/ ~" 1.. i1t '~ ~.,;.. It " \J, S t ' ~",) " t <<~ :.. ~ 'J~ ' 1 ';; ll~j1 ~', '" ~ () ~ :': - t~~~ " 1= ..', tI -. - . - (t), o ~^ ~_,_ . - - - - cY -- - - i , '\ ! \ \ '\\ i ' \ n ! ~ ~ ") \J ~ ~ ''f. ~ - \ , ~\ ~. .,.. ~ \\ cL ~. -J\ ~ 3 \ ~t -~ ~ 1~ g ~ .)t C1. . ~'!. o , IL ~ ~ t~ q \ ~.~ . w f~'1. ~ ~~~I~ P- f>l\ t! (1 - & ~~~u Q ~~'~ ~ ~ s~~ & ~~~ :t ~~~ J\:il ~ ~~~ '-U '5 ') .....1 () l;l \i\ ~v - -' - -- 'ill PUBLIC WORKS DEPARTMENT MEMORANDUM #98-023 TO: Tambri J. Heyden, Planning & Zoning Director C. Larry Roberts, Public Works Directo~f THRU: FROM: Mark Lips, Sanitation Foreman SUBJ: New Site Plan - 2nd Review - Shoppes of Woolbright PCD DATE: January 21,1998 m@mnwm JAW 2 I PLANNING AND ZONING DEPT. Public Works has no objeetions to this project, we recommend this project go forward. 'l~'v/ u :# ML/er rn MEMORANDUM UTILITIES DEPT, NO. 98 - 029 ill Ii! (;;l \-' n wT fr~: n [!; \!JJ - '" 1\ \ ~r; I ,j L L:-----.-~ PLr .'c'c }ND 1'0' "\";",; \.kPl ..,.----.- ....- TO: Tambri Heyden, Planning Director John A, Guidry, Utilities Director W January 21, 1998 FROM: DATE: SUBJECT: Home Depot Expo Center - Site Plan - 2nd Review We offer the following comments on this project: GENERAL COMMENTS 1) Dept. of HRS permits will be required for the water system serving this project. (Sec. 26-12) We understand that the requested plans and applications will be forthcoming, 2) Fire flow calculations will be required demonstrating the City Code requirement of 1500 g,p.m. as stated in LOR chap. 6, Art, , Sec. 16, or the requirement imposed by insuranee underwriters, whichever is greater. (see Sec, 26-16(a)), Please submit these calculations with your HRS permit submittal. 3) See, 26-34(E) of the City Code requires that a capacity reservation fee be paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whiehever occurs first. This fee will be determined based upon final meter size, or expected demand. The reservation fee for a single 2-inch meter is $2,106,72, 4) Provide an engineer's written certification that drainage will conform with all rules of the City and the South Florida Water Management District. (LOR Chap, 4, sec, 7F) This was mentioned in the re- submittal, but not included in our package. SPECIFIC CONDITIONS 1) Appropriate backflow preventers will be required on the domestie water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. We will look for these on the final drawings. 2) The final engineering drawings shall show the connection of the proposed water main to the existing water main north of the project site. We will look for this feature on the final drawings, Please refer any questions on this matter to Peter Mazzella (375-6404) of this office, JAG/PVM xc: Skip Milor Peter Mazzella File m ... ill FIRE & LIFE SAFETY DIVISION Memorandum No. 98-208 Pl ANNING AND :J1!!NG DEPT. <I TO: Tambri Heyden, Director Planning & Zoning Division FROM: Steve Gale, Fire MarShaI7S</ Deputy Chief - Fire Rescue D~rtrAent L.~ DATE: January 20, 1998 SUBJECT: Shoppes of Woolbright PCD SW 8 Street NWSP 97-024 Fire hydrants shall not be more than two hundred and fifty feet (250') feet from any portion of the building, Travel distance to any exit shall not exceed four hundred feet (400'), I recommend forwarding this project to the Planning & Development Board, CC: File RECREATION & PARK MEMORANDUM ill ~ _1. ~ TO: Tambri Heyden, Planning and Zoning Director Kevin John Hallahan, ForesterlEnvironmentalist ~2J Shoppes of Woolbright PCD Home Depot Expo Design Center FROM: Re: V New Site Plan-2nd Review Master Plan Modification-2nd Review DATE: January 22, 1998 Site Specific Requirements 1. All 25 trees shown on the tabular form (sheet LP3 of 4) must be replaced in addition to the required trees for the site, and shown on this landscape sheet. 1, The property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of- way, must have a management plan document. This document would be a continuation of the comment: NOTE "area shall be hand grubbed to remove all invasive exotic plant material and litter." 3. I will continue to address the existing Home Depot site landscaping and irrigation issues through Code Enforcement. The Home Depot Expo Design Center Master Plan combines both sites and provides for the City to contact the Home Depot representative, My previous comment was: The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of-way. 4, The property, which may exist East of the Home Depot landscaped berm along the F>E>C> Railroad r.o.w, should be maintained free of exotic trees and vegetation. The extension of this area North as part of the Home Depot Expo, should be maintained in accordance with the same management plan document (see item # 2 above). This document will be ineluded with the Home Depot Expo Design Center submittal of information, Code Reference The requirements above are in accordance with 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. The project should continue in the normal review process. Kjh Scott Blaise, Code Enforcement Supervisor (see item #3 above) File RECREATION & PARK MEMORANDUM \~ lli @ rn " W rn ~ ull .-21- ~ TO: Tambri Heyden, Planning and Zoning Direetor Kevin John Hallahan, ForesterlEnvironmentalist ~6- Shoppes of Woolbright PCD Home Depot Expo Design Center I'IAANING AND ZONING OEPT FROM: Re: (C(Q)fP)f V New Site Plan-2nd Review ~aster Plan Modification-2"d Review DATE: January 22, 1998 Site Specific Requirements 1. All 25 trees shown on the tabular form (sheet LP3 of 4) must be replaced in addition to the required trees for the site, and shown on this landscape sheet. ;f., The property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of- way, must have a management plan doeument. This document would be a continuation of the comment: NOTE "area shall be hand grubbed to remove all invasive exotic plant material and litter." 3. I will continue to address the existing Home Depot site landscaping and irrigation issues through Code Enforcement. The Home Depot Expo Design Center Master Plan combines both sites and provides for the City to contact the Home Depot representative. My previous comment was: The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of-way. 4. The property, which may exist East of the Home Depot landseaped berm along the F>E>C> Railroad r.O.w. should be maintained free of exotic trees and vegetation. The extension of this area North as part of the Home Depot Expo, should be maintained in aeeordanee with the same management plan document (see item # 2 above). This document will be included with the Home Depot Expo Design Center submittal of information. Code Reference The requirements above are in accordance with City Code of Ordinances, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 seetion 6; Chapter 7.5 Landseape. The project should continue in the normal review proeess. Kjh Scott Blaise, Code Enforeement Supervisor (see item #3 above) File 11(1 1,0')- ':17"" lli ~ ~ U IV ili DI!:PARTMI!:NT OF DI!:VI!:LOPMI!:NT MI!:MORANDUM NO. DD 98-007 ill JAN81900 I ~ '.. ~ FROM: Tambri Heyden. Planning and Zoning AdminiS(}Oj . _ Don Johnson, Deputy Building officialA.~ January 7, 199R TO: DATE: RE: SHOPPI!:S OF WOOLBRIGHT PCD - NI!:W SITI!: PLAN (NWSP 97-024) 1" RI!:VmW COMMENTS We have reviewed the subject plans and offer the following comments that should be addressed prior to the project being forwarded for Board review: r <"I~ Buildin!! Division (Site Specific Comments) - Michael E, Haag 561-375-~ I, Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility P n tes, symbols and dimensions that represent the location and width of the accessible oute that is required from the abutting street to the accessible entrance of the building and/or each tenant space, Also identify the type of material proposed for the route including specifying the slope. The width. slope and surface material shall comply with the regulations specified in the accessibility code. [Florida Accessibility Code for Building Construction. Section 4,3: Accessible Route] 2, Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility Plan notes and symbols that represent the location and width of the access aisle that is required for all accessible parking spaces, The width and location shall comply with the specifications identified in the accessibility code. [Florida Accessibility Code for Building Construction, Section 4.6.3, Parking Spaces and figure 9(al] 3. Add to the proposed Site Plan, Landscape Plan and Site Drainage & Utility Plan notes, symbols and dimensions that represent the location and width of the accessible route that is required from the accessible parking space access aisle to the accessible entrance of the building and/or each tenant space. Also identify the type of material proposed for the route including specifying the slope. The width, slope and surface material shall comply with the regulations specified in the accessibility code, [Florida Accessibility Code tor Building Construction. Section 4,6, Parking and Passenger Loading Zones] 4. The proposed wall signage and where applicable site signage will require a modification to the Shoppes of Woolbright PCD sign program. This moditication shall run concurrently with this site plan request. [Per comment #24 of the previous sign program moditication approved on November 19, 1997 and Chapter 21-Sign Code, Artiele IV. Section 7] Department of Development Memorandum No, DD 9R-007 Re: Shoppes of Woolbright PCD - New Site Plan I" Review Comments January 7, 199R Page #2 Enl!ineerinl! Division (Site Specific Comments) - Sebastian Puda & Ken Hall 561-375-62RO I. On all plans submitted, including the survey, change the name of the road identified as "Industrial Access Road" or "Morton's Way" to "Purple Heart Way" per Commission resolution. 2. Add a general note to the site plan that all handicap stalls shall be built in accordance with City Standard Drawing B-900 12 including a $250 fine plate under the handicap sign. Correct the "Parking Detail" on sheet SP-I to include 4" white diagonal stripes within the 5 ft, aecess aisles. 3, Revise the parking lot dimensions to show IR ft, deep stalls and 27 ft, wide aisles per City Standard Drawing 8-90013, 4. Construct a 100 ft. diameter cuI-dc-sac at the end of Purple Heart Way or an adequate, acceptable turnaround within the right of way, [LDR Chapter 6. Article IV. Section IO.D,] 5. Locate the six northernmost handicap stalls northward to the next 7 ft. wide median to provide eloser accessibility to the main entrance of the design center. [4.6,2. of the Florida Accessibility Code] 6, Show an acceptable fire lane striping and signage along the front of the design center and retail store in accordance with LDR Chapter 23, Article II,B,2. 7, Show sidewalk thru all driveways to delineate pedestrian path, [LDR Chapter 23. Artiele II.P,] R, The north "25 ft, Landscape Buffer" shall be located on the private property and not in the public right-of-way, [LDR Chapter 2, Section 6.F.7,f.] 9. All plans submitted for specitic permits shall meet the City's code 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 FDOT, PBC, SFWMD, DERM. L WDD, DEP and any other permitting agency should be included with your permit request. 10, Relocate loading space a SE corner of design center. II, Remove the stop sign and bar at the end of the ingress lane into Home Depot/Design Center for efficient movement oftratlic, Add stop bar/sign tor Home Depot northbound traffic, [LDR Chapter 23, Artiele 11.8.1.] 12, Regarding the two southernmost parking aisles between the main entrance and the existing garden center: shift the center landscaped island at the west end to the cast to align with the two islands north and south tor safe and eftieient movement of northbound traffic, 13, Provide an Engineer's eertitieation that the drainage will conform with all rules, regulations, codes, ete, as required in LDR Chapter 4, Section 7.F.2, & Chapter 22, Article II, Section 7.A. & 7,D. 14, The drainage system for Home Depot should be completed as part of the permitting of the des ign center. Department of Development Mcmorandum No. DD 9R-007 Re: Shoppcs of Woolbright PCD- New Site Plan 1" Review Comments January 7, 1998 Page #3 Recommendations (for TRC consideration) I. Provide acceptable construction plans for Purple Heart Way at time of permit requests to construct design center. including streetlights per agreement betwecn Morton and the City. 2. Consider a left turn only median for north and southbound traffic to enter new main entrance and Cracker Barrel Restaurant. Intersection is too close to Woolbright Road to warrant a signal light and increased crossover traffic, due to design center, creates a traffic hazard. Right turn only maneuvers from Home Depot will encourage use of Purple Heart Way for southbound traffic. MH/SP/KH:ek ~\...\11 \q8 ej::..cY Xc: Bulent Kastarlak Michael Haag Sebastian Puda Ken Hall C:\My f)ocurn..:ntsIShopp..:s of Wllolhright reo, N~w Sit..: Plan Ist-Joc MEMORANDUM UTILITIES DEPT, NO, 98 - 008 '--{ ;'\> " -; _/ ! TO: Tambri Hexden, Planning Director ,;J:'~!7>'1.'ffvetf' FROM: /,..John A. Guidry, Utilities Director DATE: January 5, 1998 SUBJECT: Home Depot Expo Center - Master Plan Modification I) Chapter 3, Article IV, section 3(0) of the Land Development Regulations requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this site. 2) Chapter 3, Article IV, section 3(P) of the Land Development Regulations requires a statement be included that utilities are available and will be provided by appropriate agencies. This statement is lacking on the submitted plans, 3) The survey accompanying the Master Plan shows the south 30 feet of Morton's Way (Industrial Access Road) as "to be abandoned." It was our understanding that this had already been done. Please have the surveyor re- check his records and correct his survey to reflect the true standing of this property. 4) Submit a master stormwater management plan, in accordance with LDR Chapter 3, Article IV. section 3T, including a drawing indicating point of connection, and a copy of the agreement(s) allowing stormwater from this parcel to be treated on the P,U.D. property. Please refer any questions on this matter to Peter Mazzella (375-6404) of this office. JAG/PVM xc: Skip Milor File TO: Tambri Heyden, Planning and Zoning Director I<Jff , (C(Q)flf 00 ~@~~\'!l~ 001 JAN s:::. n^,,-. oJ .~~, PLANNING AND ZONING DEPT. RECREATION & PARK MEMORANDUM FROM: Kevin John Hallahan, Forester/Environm~ntalist Re: Home Depot Expo Design Center Master Plan Modification DATE: January 5, 1998 Site SDecific Reouirements I, The existing native tree survey should be plaeed in a table form to quantify the total number of trees on the site, There should be a statement for each tree on the table indicating which trees will be preserved, relocated or removed/replaeed on the site. All trees must be replaced in addition to the required trees for the site. All "exotic" vegetation should be shown as clusters of trees to be removed as part of the site clearing permit. 2, If appropriate, all areas of "native scrub vegetation" should also be shown on the tree survey. These areas (if present) will require a flora and fauna survey by an environmental consulting company. Permits from the Florida Game and Fresh Water Fish Commission must address any protected species found on the site (i.g. Gopher tortoise, Scrub jay). This would include any portion of the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way. 3, The existing landscape and irrigation on the eurrent Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of-way. 4. The property, which may exist East of the above landscaped berm (item #3 above), should be maintained free of exotie trees and vegetation. The extension of this area North as part of the Home Depot Expo, should be maintained in a similar way. The areas should be combined and maintained in accordance with a Preserve Areas Management Plan. This document should be included with the Home Depot Expo submittal of information. Code Reference The requirements above are in aeeordanee with City Code of Ordinanees, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 seetion 6; Chapter 7.5 Landseape. The project should continue in the normal review process. Kjh File PUBLIC WORKS DEPARTMENT MEMORANDUM #97-328 --., ,';-v (;-~ .rl~)f " I.' " I " I 1< I -. '; , , " , ." / . "-' \\ J. r___ ,__:,/ \,'__/; i j; './ U ! I TO: Tambri Heyden, Planning & Zoning Director THRU: C. Larry Roberts, Public Works Director FROM: Mark A. Lips, Sanitation Foreman SUBJ: Home Depot Expo Master Plan Modification DATE: December 30, 1997 Public Works has no comments. We recommend this project to go ;;jJ u. ~ MAL/db Attachments CITY 01< dOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Tambrij, Heyden A1CP, Planning and Zoning Dircctor FROM: Ofc. RObe~ I have no comments at this time. DATE: SUBJECT: REFERENCES: ENCLOSURES: 12/30/97 FILE: MPMD 97-007 Master plan Modification Home Depot Expo Design Center Development Department Mcmo PZ 97-604 None I~ ~ @ ~ !UlJ ' . I , n DO U \J PLANNING AND ZONING DEPT. - ~ mil --, 1 ! : I ~ L':), rr:--- /--, ,--- ( ~ (,~-.. , ! /' :--'. '-",r-, ; , ~';:" .'." '/.' . '::..::> :'" ,_ ;' i ~ ,- c CITY O.OYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM -(C(Q)rP1f TO: NWSP 97-024 FROM: Tambri Heyden, AICP Planning & Zoning Officer Rig~ Police Dep:~ DATE: 01/20/98 FILE: SUBJECT: Homc Depot Expo Center 2n REFERENCES: PZ 9R-021/ PZ 9R-022 I have no additional comments in refercnce to this submittal. ENCLOSURES: D D lIE rn JAN 2 0 :sea PLANNING AND NING DEPT. ;~.>" /:;'..?l',.. t(QJ~lr - v,.,',.~..~, ~ :~::~1\'11 Recreation & Park Department Memorandum , ...U w , PLANNING AND ZONING DEI'l'. Re: Tambri Heydcn, Planning and Zoning Director John Wildncr, Parks superintcnden~J ~IIOff;G.S DF WO()t-~K'(~ilr I /~ /6 -tfg . II/;w Pc tJ ~.~mz; ~~7"t'j .err bE-S/~N S "t.e P'..-1 C~"v1?;c To: From: Date: The Reereation and Park Departmcnt has revicwcd thc above listed plans. There arc currently no outstanding recreation-related issues. The plans may continue through thc normal review process. JW .--.-....-" FIRE & LIFE SAFETY DIVISION Memorandum No. 97-326 .. lill i:': i' Ii':! . ii!, 1',\\\\' '~\ PLANNING ANI) ZONING OEPT. FROM: Tambri Heyden, Director Planning & Zoning Division ( William D, Cavanaugh, Ass!. Fire Marshal ..4/ J! () " "- - ~/ Fire Rescue Department / (/vy~{/~ J December 26, 1997 (f:rF0) ~,-" ,"" /7 ' I . f ~-_ ),~ '.' ~ .,"., ".' .../ Lj' 'f. TO: DATE: SUBJ: Home Depot Expo Design Center SW 8 Street, between Home Depot and Industrial access Road MPMD 97-007 We have no objections at this time, cc: Fire Marshal Gale File MEMORANDUM UTILITIES DEPT, NO, 98 - 004 TO: Tambti Heyden, Planning ~~r rfl,.lohn A. Guidry, Utilities 6~tor FROM: DATE: January 5, 1998 SUBJECT: Home Depot Expo Center - Site Plan - 1'1 Review We offer the following comments on this project: GENRRAL COMMENTS 1) All utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees wilt be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2) Oept. of HRS permits will be required for the water system serving this project. (Sec. 26-12) 3) Fire flow calculations will be required demonstrating the City Code 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)). Please submit these calculations with your HRS permit submittal. 4) Sec. 26-34(E) of the City Code requires that a capacity reservation fee be paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5) Camp Plan policy 3C.3.4 requires the conservation of potable water. City water may, therefore, not be used for irrigation where other sources are readily available. 6) Provide an engineer's written certification that drainage will conform with all rules of the City and the South Florida Water Management District. (LOR Chap. 4, sec. 7F) SPECIFIC CONDITIONS 1) Water and sewer lines to be owned and operated by the City shall be included within utilities easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in See, 26-33(0) of the Code, 2) LDR chap. 6, Article IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrant. 3) Appropriate backflow preventers will be required on the domestic water service to the building, and the fire sprinkler line, in accordance with Sec. 26-207. 4) The final engineering drawings shall show the connection of the proposed water main to the existing water main north of the project site. Please refer any questions on this matter to Peter Mazzella (375-6404) of this office. JAG/PVM xc: Skip Milor Peter Mazzella File ((':Of -:'> ._~, r'..~:\r i; ). '.. ....1 . !""j U r Recreation & Park Department Memorandum ill ~ ~! ,[ Re: Tambrj Heyden, Planning and Zoning Direetor Jo~n Wildner, Parks superintcnden~' JII't'I'I.!'s ~r 0)u,ft.!iA' (<-fiT Fe J:J /;;1 /~ :S/1? I To: From: rt: rRf(j\ rq'\;,/l ,'::2 \\.}) u U Datc: Thc Recreation and Park Departmcnt has reviewcd thc above listed plans. There are currently no outstanding recreation-relatcd issues. Thc plans may continue through the normal review process, JW ~.._._______________~__.._m._..._._~~~----~ RECREATION & PARK MEMORANDUM ~ .0'5 ill rn@rnowrn FROM: Tambri Heyden, Planning and Zoning Director Kevin John Hallahan, Forester/Kwironmentalist ~ ~ ~ PLANNING AND ZONING DEPT. TO: Re: Shoppes of Woolbright PCD-Schedule Home Depot Expo Design Center New Site Plan-I" Review , ," 1-1"':::""'1' , ,--.' I.'i I' 'v 1! :':i 1-..1 \ \' .' JII-~ \ ----) '".',,-J/ U '..".. '--, DATE: January 5, 1998 Site 8Decific ReQuirements 1. The existing native tree survey should be placed in a table form to quantify the total number of trees on the site. There should be a statement for each tree on the table indicating which trees will be preserved, relocated or removed/replaced on the site. All trees must be replaced in addition to the required trees for the site. All "exotic" vegetation should be shown as clusters of trees to be removed as part of the site clearing permit. 2. If appropriate, all areas of "native scrub vegetation" should also be shown on the tree survey. These areas (if present) will require a flora and fauna survey by an environmental consulting company. Permits from the Florida Game and Fresh Water Fish Commission must address any protected species found on the site (Lg. Gopher tortoise, Scrub jay). This would include any portion of the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way. 3, The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landseaped berm on the rear of the site along the Florida East Coast Railroad right-of-way. 4. The property, which may exist East of the above landseaped berm (item #3 above), should be maintained free of exotic trees and vegetation. The extension of this area North as part of the Home Depot Expo, should be maintained in a similar way. The areas should be combined and maintained in aeeordanee with a Preserve Areas Management Plan. This document should be included with the Home Depot Expo submittal of information. Code Reference The requirements above are in accordance with 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. The project should continue in the normal review process. Kjh File Recreation & Park Department Memorandum ~ ~~::~11 :~ NING AND om To: Tambrj Heydcn, Planning and Zoning Director Jo~n Wildner, Parks superintenden~ Jllpf'KS ~r VV,jIL;5fifc,Hr f'e dJ J::? /c7 3'/77 / From: Re: Date: The Recreation and Park Department has reviewed the above listed plans. There arc currently no outstanding recreation-related issues. The plans may continue through the normal rcview process, JW FIRE & LIFE SAFETY DIVISION Memorandum No. 97-325 \o)~@~uw~~ \ill DEe 2 9 9J1 ~ PLANNING AND ZONING DEPT. TO: Tambri Heyden, Director Planning & Zoning Division FROM: William D. Cavanaugh, Ass!. Fire MarshaAA tf!/Y 4 Fire Rescue Department /' t/ V fLc%V#~/ December 26, 1997 DATE: SUBJ: Shop pes of Woolbright SW 8 Street, between Home Depot and Industrial access Road NWSP 97-024 We have no objections at this time. CC: Fire Marshal Gale File CITY Or BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM 100 Ote 3 0 1997 ill rn@~~w~ TO: Tambri j, Heyden AICP, Planning and Zoning Director DATE: ] 2/30/97 FILE SUBJECT: New Site Plan Shoppes of Woolbright peD Home Depot Expo Dcvelopment Depaliment Memo PZ 97-605 None Ofc. Rob~ REFERENCES: ~ ENCLOSURES: My comments wfeTeIlce this New Site Plan are as fbllows: 1. The parking area m the south side of the new structure creates an unsafe condition, The placement of the spaces requires persons leaving the spaces to back out into a travel Jane. 2, Handicap parking access areas must be striped in accordance with current code, 3. I concur with the modification of the southern entrance from SW 8t!; St. However, the intersection as shown m the plans is unsafe. This intersection must be a three way stop for north, south, and east travel. FROM: PUBLIC WORKS DEPARTMENT MEMORANDUM #97-327 TO: Tambri Heyden, Planning & Zoning Director THRU: C. Larry Roberts, Public Works Director FROM: Mark A. Lips, Sanitation Foreman SUBJ: 151 Review New Site Plan Shoppes of Woolbright P.C.D. DATE: December 30,1997 Public Works has no comments. We recommend these plans to go forward. /;fJ u cd;; MAL/db Attachments RECREATION & PARK MEMORANDUM oo~ rnowrn rn ....:51998 TO: Tambri Heyden, Planning and Zoning Director Kevin John Hallahan, Forester/Environmentalist -r ~ \{ PlANNING AND ZONING DEPT. FROM: Re: Shoppes of Woolbright PCD-Schedule Home Depot Expo Design Center New Site Plan-!" Review DATE: January 5, 1998 Site Specific Reauirements 1. The existing native tree survey should be placed in a table form to quantifY the total number of trees on the site. There should be a statement for eaeh tree on the table indieating which trees will be preserved, relocated or removed/replaeed on the site. All trees must be replaced in addition to the required trees for the site. All "exotic" vegetation should be shown as clusters of trees to be removed as part of the site e1earing permit. 2, If appropriate, all areas of "native scrub vegetation" should also be shown on the tree survey. These areas (if present) will require a flora and fauna survey by an environmental eonsulting company. Permits from the Florida Game and Fresh Water Fish Commission must address any protected species found on the site (Lg. Gopher tortoise, Scrub jay). This would include any portion of the property left undeveloped, which is adjacent to the Florida East Coast Railroad right-of-way. 3. The existing landscape and irrigation on the current Home Depot site will be reviewed to see that it meets the original plan on file with the City. This would include the landscaped berm on the rear of the site along the Florida East Coast Railroad right-of-way. 4, The property, which may exist East of the above landscaped berm (item #3 above), should be maintained free of exotic trees and vegetation. The extension of this area North as part of the Home Depot Expo, should be maintained in a similar way. The areas should be eombined and maintained in accordance with a Preserve Areas Management Plan. This document should be included with the Home Depot Expo submittal of information. Code Reference The requirements above are in accordance with City Code of Ordinanees, Environmental Chapter 7.5 Tree Protection; Comprehensive Plan Policy 4.3.5; Chapter 7.5 section 6; Chapter 7.5 Landscape. The projeet should continue in the normal review process. Kjh File MEMORANDUM . -a ~.:;~ "" '._ .._'_~~~__. _.,,_.~_n"_"""~'~""~'~_"_" j"oi t . '~, "__! r ~"i lftJI ~_~~ PLi,:"jN:~'~G ,a,ND ,.,-.'! :;, ,~. ~)EPT. CITY OF BOYNTON BEACH TO: Bulent Kastarlak, Director of Development Michael J. Pawelczyk, Assistant City Attorney jZOI Home Depot Expo Project FROM: RE: DATE: April 30, 1998 Attached hereto is a facsimile transmission from the law firm representing Home Depot Expo. The letter references an amendment to the drainage easement. Apparently, the original easement eovered the entire property, while the purpose of the amendment is to limit the easement area. The legal form ofthe easement is acceptable; however, through this memo, I am soliciting your comments. Please advise at your earliest convenience. Encl. ca\develop\woolbright\home depot expo\kastarlak memo 2 cc: Tambri Heyden, Planning Director SENT 6Y:AT"ANTA, GA. 4-2S-98 2:' lPN 'Suth.r Iana. ....P111. ,,""'...,.................. . 11I'1'BIar.J1m, UIILL I ....,.. r..f1.'. It, nAc:D'''' ~~, .... a~, GlO8GIa JOJO'-S'" l'aCSTMr~ Vp!mm~T ~H!) nA'lfAVTTTAT. TV1PnDUa"'T~V 1PORM ~tB. of aequ..~: a.m. 2:10 p.m. D.~.: April 39, 1998 IWm 01' mDIVIDDUo. Kr. Hike Pawelozyk DXB OJ' J'IJlIU 171 tJ of 1OJIl~01l ...ola C:t'rY . ."&TB/C:Ounal" Florid. =. UD CODJI/fliunon m. 5U-S15-'OU JlJlJ'DJDfCII. Hem. D.pot/Boynton 14585.02 ...... OJ' .&GII., nraI.UDJ:1ICI ~..:~ 'MB. 10 'rBLBPIOD 110. lOR COJlJ':tIlD'r:tO. 01' '9UI1UU88Ioa'. .AIm 01' DIJl%Y.mUAL. BaU.y K. C:01011lb ZICK' D:tRlC'r DIaL .uK8IR. (404) 853-8554 J'AC8r.KXLB KlCB~' XEROX 7021 (CCIrr Group. 2 , 3) 404/853-8806 (Auto) ....~. fa. ~l~ftahl.' Attached tor your r.view anc1 approval i. a copy of the propo..d AIUIndlant to the Dr.1naqa I...unt 1:0 be executed by the city of Boynton Be.ch .nd Hom. D.pot U.S.A., Inc. Th. Am.ndment i. tor the puJ:po.. ot IWtinq tho ....m.nt .re. .. the oriqinal laeem.nt oov.red the ~tirw property. Pl.... advi.. ot your .pprov.l .t your ..rli..t convenienae. It you have any qu..tion. pl.... do not h..itate to contact m.. ~im. of Tran.mittal: operator I 8 Nue a.m. p.m. Plea.. call it you do nat reoeiv. all the pag..: (404) 853-8813 (404) 853-8814 ,SENT aY:AT~ANTA, GA. ; 4-2S-S6 ; 2:11PM; Sut~erl.nd, AID1I'" iI'W'" f _'l........... . JJl.- ......m., n:lIlm lD: 1_B.1...... SulhorIand.AIbiII" BloaIWI. LL.P, 999l'aol1lMo -. NlL Allan.. o-Fa 30309 AMENDMENT TO DRAINAGE EASDmNT THIS AMENDMENT TO DRAINAGE EASEMENT made thil_ day of 1998, by HOME DEPOT U.s.A.. me.. a Delaware corporation ("GraIltor") to and for the benefit of tho OTY OF BOYNTON BEACB, FLORIDA ~.Grantce"), /Jidf'Oll1U/ s..t.mMI WHBlWAS, GraIItor aDd Grantee entered into that certain Drainage Euement (the "Basement"), whlch Ra......eDt was filed for record on April 3, 1998 and iJ recorded in Official Record Book 10320, page 1642, Palm Beach CoUllty llec:ords, Florida; and WHEREAS. the parties wish to amend the Easement in ordor to lJmit the BuemCllt to the area of Grantor' 8 property described in Ilxhibit A attached hereto and made . part hereof. NOW, 'fHBRBFORE, fbr and in collSideration ofTEN DOLLARS ($10.00), and cortail1 other scad and valuable COllIIlderatloa, the receipt and Sllfficloncy ofwhich arc hereby acknowledg=. Grlllltor and Grantee asne u follows: StatemMt o/..".",.,.t I. Grantor and OtaDtee hereby lIIIWIll the ll..V'ent 10 u to limit the easement granted thereby to the real property described on Rybibit A attached hereto and made II part hereof. 2, Except u llJIIIIded by this AiIl",dlllent. Grantor and GrlUltee aaree that tho Euell1Cllt shall otherwi.. remain unchanged and in iW1 Coree and dfec:t, Any capitalized terms not detIned herein shall have the IIID1Il meanlns ucribed thereto in the Easement. SENT aY:AT~ANTA, GA. : 4-29-98 ; 2: 12PN Suther I and, ASbl II" ~UH~';QU""I'" V IN WITNESS WHEREOF, Grantor IIIId Grantee have CIUJCld thi. iaJtrumcnt to b. duly Rll(lllted, lCIled and delivered on the day and year fine above written. GRANTOR: HOME DEPOT U.S.A, INC. By: NIID': Title: Witn... Print Name: Witness Print Name: STATE OF GEORGIA COUNTY OF The foregoills inatrument wul41knowledged Wore me thi, _ day of . 1998, by of HOME DEPOT U.S.A, INC., a Delaware corporation, on behalf of the corporation. Notary Public My Commi.lion Expire.: _.MIN."',_~ _1'" =... SENT SY:AT~TA, GA. ; 4-2S-Sa ; 2:12PM; Sutntrland, A'D1IJ~ VIiII~'''",,,,,,,,,,,,, ,. GRANTD: CITY OP BOYNTON BEACH, FLORIDA By: Name: 11tIc: Witneu PriDt Name: Witneu PriDt NIllle: STATE OFFLOIlIDA COUNTY OF The foregoing ina1rum1lllt wu tillalowiadacd befOre me thl. _ day of . 1998. by of the City ofBoyDtoa Beach, Florida, whic:h individual it penona1!y known to me or has produeecl a driver'alieen.. u identiflcatioa and who did not 1alcc an oath. Priut Name: Notary Publill, County of State at My "Ommi.. Clrpires: [NOTARIAL SEAL] ..'IIIMCI'atoflN45'~'lIIUUD "'29>'1'" 2.C... _._--~~-~-~_.- SENT 6Y:AT~ANTA, GA. ; 4-2S-S3 ; 2:13PM; Sutherland, A'DIII~ ~YI""""""''''~''''' ,.. EXBlBrr A Lepl Daeripdon DrY Detenilen Area Nl A portion ofTraet "S", mOPPBS OF WOOLBRIGHT P.C.D., Pan of WOOLBRIGHT PLACE, P.U,D" beins a rep1at ofa portion ofLAKB BOYNTONESTATBS PLAT 3, Jituate in Section 29, Towaship 4' South, Rango 43 But, City of Boynton Beacb, Palm Bead! County, Florida, ~rding to the Plat theroofrecorded ill Plat 800lt 6', PIi. 137 IlId ]38, Public Recorda of Palm Beach County, Florida, TOGETHER WITH a port!OlI of Tract "A" (also known u: Morton', Way), WOOLBRIGHT PLAC!! PLAT 1, accordinS to tho PII& thereofu recorded in Plat Book 67, p.... 47 tbrovsh 49, of the Public R=orda of Palm Beach County, Florida, more particularly deacri.bed u fbUowa: COMMENCING at the northeast comer ofaaid Tract "E"o Slid point allO beina the IOUthcaat comer ofsaid Tract "An; theneo NOlo34'16"W, alOlllthe eat line otuid Tract "A", 30.00 feet to III intorMctlon with the sollth n,ht-otway Uno ofMozton'a Way (AKA.: Pulplo Heart Way) por Resolution No, RSl6-11, dated 816/96, recorded In Oftlcill Recorda Book 9397, Pap 1199 of the Public Records of Palm Beach CoUDty, Florida; theneo S8soZ6'13"W, lI10lll said IOI1th risJtt. of-way line. 50'.4' feet to the POINT OF BEGINNING; thence SOO'3"28"B, '3,53 foot; thence 889' 48'28"W, 262.'9 feet; tbenc:e Nonb, theneo NOO.OO'OO"W, 47.26 feet to a point on tho afbreaaiclsouth risJtt.of.way line ofMorton'a Way (AKA.: Purple Heart Way); tIIen= N88.26'13"S, lI10lll Aid IOUth riJht-of-way 1Ine, 262.14 feet to the POINT OF BEGINNING, Said land COIItIinina 0.30 acres (13,220 8qUII'O feet) lying in the Ci1y of Boynton Beaeh, Palm Bea;h County, Florida IIlClla Ihown on that certain aketch 8lI1it1ed "Sketch" Deecription - Dry Detention Area '1" prepared by Avirom" Auoclatn, Inc. beariaa the aeal ofMlchael D. Avirom, P.L.S., Florida Rasistration No. 3268, dlted Man:h 31, 1998 (Job No. '36+5). which aketch i. incorporated by thia reference 8IIc1 made a put hereof K'IIMlMIdOII4111.0HlMIIHII.AIolD 04MIl'" Z:OZpll --.-.-.....----.---. ...-. .~. SENT BY:AT"ANTA, Q~ ; 4-2S-S3 ; 2:13PM; Sutherland, "SDIII" 'III~ l"llI""'''~'W ... Drv Detentlon Area "2 A portion ofTrac:t ''E'', SHOPPES OF WOOLBlUGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., beiDa a replat ofa portion of LAKE BOYNTON EST ArES PLAT 3, Ii%uate in ~on 29, TOWIIIbip 45 South, RInse 43 East, City ofBoymoD Belch, Palm Beach County, Floridl, accordina to the Plat thcreot'recorded in Plat Book 65, P....137111d 138, Public Recorda oCPaIm Beaeh County, Florida, TOGBIHBR. WI1H a ponIon of Tract "1{' (aIao known u: Morton's Way), WOOLBlUGHT PLACB PLAT 1, aecon1i118 to the Plat ~ u nc:orded in Plat Book 67, Paaes 47 tbrough 49, orthe Public Records of Palm Beaeh County, Florida, more particuJarly desaibed u foDowa: COMMENCING at the northeut comer ofllllid Tract ":E",1lIid point aIIo being the JOUthwt comer of Hid Tract "A"; thence NOl "34'16"W, along the lilt line ofuid Tract "A", 300.00 feet to an intcnoction with the IOUth riaht-ot.way line ofMonon's Way (AKA: Pwp1e Heart Way) per Resolution No. R96-1 I, dated 8/6196, recorded!ll Oftlclal Records Book 9397, Plie 1199 of the Public Records of Palm Beach County, Florida; thence S8So26'13"W, along Mid IIOUlh right. of way liD.. 172.00 feet to the POINT OF BEGINNING; thcace S03" 10'S7":E, 39.71 feet; thence S89"SI '03 'W, 257.S6 feet; thence N02 o39'SS"W, 33.34 feet to a point on the aiorellid south right-of-way line ofMonon'. Way (AKA: Purple Heart Way); thence N8S"26'13"B, alOllIl aaid south riptoOf-way line 257.00 feet to the POINT OF BEGINNING. Said land c:ontliniJla 0.221ln8 (9,390 tqUll'll feet) Iyina in the City of Boynton Beach, Palm Beach County, Florida IIId is IIhowa on 1Il&C ;ctain sktlch tndtlecl "SkGcb " DescrIption - Dry Detention Area #2" prepared by Avirom " Associates, IDe. bearina the seal ofMicbacl D. Avirom, P.L.S., Florida Registra1ion No. 3268, dated Mardt 31, 1998 (lob No. 5364-5), which sketch is incorporated by this reference 8Dd made a part hereof. ~"".ll2lllRAlll-D. __3:Oa"" SENT SY:ATUfiTA. IlA. ; 4-28-81 Z:1.&PI: S&lt"II"IInlb AlD111" "I~j;;jll"'''.''' . SJ<ETCH & DESCRIPnON DRV DETEN'TtON AREA 11 A __ 01' nw:T '1' - (~... ... PllS. '>7 .. ,... P,LC.ll) .. A """ON 01 'I1lACT 'A' - ('." e7, POI. OJ.'" ....e.R.) NOlES: ,. Reproductlonl of thll Skit ell arl not valid without the ./vnotu,. and Ih. oMQlnol rolled ..01 01 0 Florida IIcenleel IU""'F' and mapper, 2. ~ond. .hown 1I."on wer. nol ab,VO.I.d by Allltom & .....aclot... Ino. lor EClernlnt" rlgnta-of-way, o.,n,nhlp or other lnltrument. of record. Inltrum.ntl of rlCord .... pw nu. Commitment No. PA-C-1429. prepared by l"I..t Amlrloon nile InlUrance Company. dat.d f'lbru...y .. IlIa. 3, TIIo lond dncrtptlon "'own hll'lOft woa prop....d by the SUMyoI'. 4. SlorlnQI _ hlfeon or. bo.ee1 on th. F'lat with the North Un. 01 Tract E, hovlnQ 0 beOI'fng of Nee'2I'f 3"[. S. Oota .hawn hereon w.. complied from Inltrument(l) of r_1'd and do," not con.Utulo 0 boundary IUrvey. ' I. Abbrovlollon ~e;..d: t - Contortlno; COR. _ Comll': 0.11.1. " Offlclal RICard. Sook: p,a. "Plol!oolt: p,a.C.ll. "Polm a_ County Rocordl; PGS. . pag.: P.O,8. "Point of alg,""ln;: P,O,C. . Point of Camm........t: R/W " Rlglll-oI- Way. LAND DESCRIP'I10N: A portion of Tract 'E'. SHOPPES Of' WOOlIlRIGHT P.C.O,,"orl of WOOUlRIGHT PLACE, P,U.O" bolng 0 replot of 0 portion 01 ~KE BOYNTON ESTAm P~T 3. Iltuat. in Soction 29, Tawnthlp 4!5 South, Rongl .3 EOlt. CIty 01 Soynton 8Ioch. Palm Soacll County, Florida. according to Illo Plot t111f.of r.corded In Pial Book 15. P"9" 131 and ! 38, Pu~1c Record. 01 Palm 800ch County, 1'10/'lda, TOllt'lH!ll WITH 0 porilan 01 Tract 'A' (0110 known oa: Warlon'. Way), WOOl.IlRIGHT PLACE PLAT " _ding to thl "lot th....of o. record.d In Plot SOak !!7, pag.. 41 through 49. of thl Public RICordl of POIm 8.aoh County, Florida, mor. partICUlarly de.crllled o. tollo.." COMMENCING at tll. north....1 carner 0' .old Tract 'E', oold point 01.0 belng thl louth.aat corn.. of said Tract "Atfi thencI N01e34'1S"WI alan,; thl IOlt I1nl of laId Tract 'A., 30.00 IHI to on Intmlctlon wltll thl OO\llh right-of-way ilne of Mortan'l Way (AKA: Purpl. HI<<t Way) per RI.alutlon NO, RH-lf. dot.d 8/6/86. r_rded in Offlclal Recordl look 8381. Pogo 1118 of till Public Reconle of Palm eeach County, "orle: th..,.. SSI'28"3'W, along .old eouth right-of-way IIn.. 1I01l.4!! 'lit to Iho POINT Of' aEGlNNING: thence S00'35'28"E. 53.53 IHt: th.n.. SlI'41'2I'W. ZI2." 'Htt tIIenal NOO'OO'OO"W, 47,21 'Ht to 0 point on till .tor..old lauth right-of-way line of Morton'l Way (AKA: Purpl. Hoart WOy); IlIene. NlIlI'20"J'E. olong I<lld loulh /'Ight-af-way IIn.. Z02.14 II.t to thl POINT Of' SEGINNlNG. Sold lond. lying in the Clly of Boynton Beach, ,"aim B.ach County, Florida and contclnlng 13.220 Iquare ,..t, 0.30 ocr... more or I.... CER'lIFlCA'lION: I HEREBY CERTIFY that Ih. attach.d SIt.tell and Oncrlpllon of Ih. hereon d..crlbed property 10 true and correct to the bllt of my .nawleelg. ond b.lllf oa propor.d und... my dlrectloll OIl 3/31/1le. I FURTHER CERnFY thai thle Slcltch end O.....lptlon milt. tll. Minimum rlcllnlcal Standard. ..t forth In Olopler 51G17-6, "'arlda Admlnlol1all... Cod., pUllUant to Slcllon 412.027. florlda Statut... J.!i.LQb.b.... . MICHAEl. 0, "'~R<lM, P.I..5. Florida Regletratlon No. J288 A VlROM ... ASSOCIATES. INC. L.S, No. 3300 .I0Il , 1I314-1I DAtE: 3/31/95 J!:!W ' OF 2 m AV_IoA_TII.. _ _WV_IoMAPPING . .... ... A.... ...,. ... IIOOA M'TGM. fIIoOMIA ..... .... ~ .. "l"':~.'AX .... ....716. RE'llSlON: _110 ./21.... (M..,.,) SENT SY:ATl.ANTA. "jIA. .,.\ . ~ '-~i-U : 2:15P~; lIt1t:II'l"llna. AIDI: I- i1IH.........__._ . ....:.......... ,,".~ .."....: ;.~...~":\.' ~.' .. SKETCH &: DESCRIPTION DRY DETENTION AREA 11 A PafTlON Cf TRACT or - (P.! &5. JIGS. 131 . 138. P,B,C.R.l . A 'ORn... 01 1IlACT 'A' - (.,.. .7, _ 07-'" P,"CJl.) Ii 01'J4"6' < 8000' - - - -fr--'- I:.. t~ ~ '.,in I!! .... . ~ ~ ~~ I l!!1 ~ i!; la "I ~ ~ ~ e", ..., :::1 ~ ~ ~I I I P.O.B, _ S.!!'J..!:.6:!. .-!,~,.-^v P.O,C. N.E. COR. TRACT "t' (F',B. 56, PGS, 137 &< 13B. P,9.C,R,) SoE. COIl. lRACT '1.' (F',B. 67, pCS. 47-49, P,B,C.R,) N 01'34'/6' II' JO.OO' ... ~I SOU1!lERt.Y 30' OF R/V/ ABANDONEe ~t.-PER CITY OF BOYNTON BEACH I. RESOI.U'!10N NO. R9B-l1, OATEO 8{S/gS ~l (O.R,S. 9397, PG. 1199 - P,B,C.R, .s. N JrJ,'20' E l.(46.'J' __ __ _ ---- - ... ~ I ~""'l olio:; 11:<< ~: , M~ I >' ~~ I J I ~ I ... ~~ I ~ g~ i I c ~I ~ ~\ ;- ;j\ J ~ : i { ~ I N .9'JI"/I" W ) 40.fl1'''y __J ~ SCALE: , ".ISO' S OO~'26. E $.153 r------ ci <.i ..:- ...'" 5<.i i; i;o\l ~e :!sui iljl[ J;S Iwm tje:. .. f! s11\t€."t S.....8'1\'\ Q) AVROM""8l1OCl1ATII" 1'ICl. 8l.MftY_"MAPPlNlI . .. -.w. _ AVWA& ...,. _ 80DA "ATDH. ~ ..... 'tL eMIt II. .11' "AX.... .....,... REVISION; ot'Asm O/ZI/H (W,w.x,) JOIl /I '350.5 01. TE: 3/31/98 SHEET-L,OF ..1- feN; BY'A1U/ITA. llA. . ' .; ~~l,'-n : 1:'IPM : .' '.. ...~ ~'.' i Sutl'llrll!'lll. AIDil!- .~. I~ ' , , ~ . iIlIHjll............,... '''1 " __J SKETCH & OESCRIPnON DRY DETENTION AREA 12 A PCR~ON (S 1IlACT 'r - (PI. 85. PeS. 137 . 138. p,e.eR,) ,II A IlCIlI1ICN C# l1U.Cr 'A' - {'''. 17. PQS. 4'-'" P,l/.c.Il./ NOTES: 1. Reproduction, of thll Sk.te" are not valid without the sl9"oture and the orlg'nal ral..d Sial of a "ar'da IIconlld .YrYIJOr and mapper. 2. Landi ,"awn n.reon ..,.. not cD.tracted by Avwom . Alloclat... !ne:. for !a.""'lnt.. righl.-oI-...1'o ow..rllllp or otIler In.trumontl of roc_ I..tnJmont. of _ or. Pll' TIll. Commllmenl No. FA-C-'429. pr.pQl'Id by F'n11 Am.rlcan TI~. Inllll'QnC. Company, dolld Flbt'ltary 4. 1995. 3. TII. 1000d d..crlllllan ""own h.roan WGI proparld by Ih. s.,,...,..,.. ... SlOrlogM lIla.n h....on or. balld an th. PIal trilll tn. Nortn Un. al Tracl E. h"'ing a b.orlng of Nea'25"3'E, 5. OGt<r 'hO'Wft ...".on wo. oompll.~ from inltrument',> of record and GO., Mot c."olltut. . baunclary IUrwy. 5. Abbr..latlon I..Il..d: <C. - Cant.rlln.: COR. - Com.r: O.R.S. - 0111clal ~acord. Soak: p.e. - Plat Sool<: P.S.C.R. _ Palm Saaen Counly Racordl: PGS, - Page: P.0.8. . Polnl al Beginning; P.O.C, _ Polnl of Comm.nc",".nl; R/W - ~hl-of-Way. LAND DESCRlPnON: A portion of Tracl .... StlOPPES OF WOOlSRIGIlT P,C,O" Pari of WOOI.SRIGHT PUCE. P,U.O.. baing a rlplat of a portIon af LAklt /tOYNTON ESTATES PUT 3. olluala !n S.cllon 29. TawnOhIp 45 South. Range ..., Ea.l. Clly 0' So)"lon Beach. Polm SICch County. Florida. according to the PI.I Ih....of record.d In Pial SooI< 85. Pag" 137 and 135, Pul>lIc RIC.rd. of Pol", eoach County. l'Iorlda. TOGETHER IIfTK 0 portion of Tracl 'A" (01.0 known 01: Morton'. Way). WOOLBRIGHT PlACE PUT I, according 10 lh. Pial Ih...al a. r.cord.d In Pial /taok 57. Pall" 47 Ihrough 49. a' the Public R.eorG' .f PClm S.acn Caunty, l'1orldo, ",ar. parllcularly d..crlb.d a. fOlIo".: COMMENCING a' Ih. north".1 comer of IOld Tracl .... IOld poInl atlO b.lng Ih. loulh.ael c.....r of .ald Tract 'A'; lhlnca NOI'34'15'W. along tho lO.t IIn. of .ald Tract 'A". 30.00 f..1 10 on Inl.....ellon wllh the IOUlIl rl9hl-of-woy IIna of Morton'. Wcy (AKA: Purpl. H.ar1 Wcy) plf' ~.alut/otl NO, R98-1I. dal.d 5/e/ge. r.card.d In Offlclal R.cord. eoak 9397. P~. 11911 of Ih. Public R.corel. of p.lm S.och Caunty. Florida: Ihenee $88'U'13'W, along .ald .auth rkjht-af-way IIn., 172.00 fHI la tII. POINT OF BEGIN NINO: th.n.. S0310'57'E. 39.7~ fill: Ihonca S!l9'51'03'W. ~7.55 foel: Ih.".. N02'311'53'W. 33.34 1.., ta 0 polnl on 'ha alorelald IOUth r"lhl-of-way IIn. of Morlan'. Way (AKA: Pwpla Hearl Way); thonce N88'28'13'E. along eold .outh "Ilhl-af-woy 11n., 257.00 f..1 10 Iha POINT OF SEGINNING. Said land. lying 'n Ih. Cl1y of Baynton Sooch, Palm S.ach Counly. l'Iorlda ond containIng 9.0390 _quare f..t. 0.22: ocr... ,,"or. or I.... CERnFlCA liON: I HERter CERTIFY thai Iha alloch.d Skatch anc:I O..crt.llon af th. hll.on d...ribod properly Is wa and corrocl 10 Ih. Ollt 01 my ktlatriedqa and b.lI.f a. prepared under my ow.cllan on 3/31/98, I FURTHER ctIlTIFY lIlat W. Sk.lch and OHeflpllon ",..1. lh. Mlnl",um T.ennlec' Stcnderd. .et farlh In Chopl... e1G17-8, l'Iorlda Admlnl.lra".. Coda. ptJl'lIuant la SIOUon 472.027, l'Iarlda Stalul... I:Y<- or\~L- IlIlCHA!l 0, A\lROIII. P.l,S, Florklo Roql.trollon No, 3258 AIIIROM a. ASSOCIA~S. iNC. LB. No. 3300 Q) "'_."'''OOIATII'' INCl. ....YIIYWCa. "-_'"'P'I\HI .. a.. _ A_ ...... "'" -..........-- ........ ._.....~ ~AX .... ~ RE\IlsroN: _. 4/H/" (Y,Y..,) JOB f 5364-5 DAlt: 3/31/98 StlEET,.LOF -l.. SENT BV:A1UHTA. 310. ; &-21"'18 i Z:"'P" i Sutntrtana. AlD111" "'..n_~ .. "',";." . . .:."':.~"::~"~. .~.~';..:.:~... \' SKETCH & DESCRIPTION DRY OE1ENnON AREA 12 A.. ~!l rI ,!ACT 't" - (P,8. 55. PC$. 1I7 t 131. P.I.CoR.) - ~- - lItACT 'A' - (~,.. '7, ... ._t. ~."C.R,) S O"J.',S' E lIO.oo' - - - -rT- I ~ ti I ~ ~ I' ~ ~ - I Ii; ~ ~ i:\ ~ ~ I ~~ Ip,O.B. I..~ '1 ~I .I~ I .<fIC.,...: ...'" I 0' c"! I ~~ l....; I I !I ~I I ",I . ~I ~ ~I ~I ~ I I N .9'J,'18' W ) '0.18',>- --" Q) AVittoM4rAll8OOIATlIe, /NO. ~IIY_"'__ .. "W. _ AWM& ..,. ... .... Mra. "-OfIlDA ..... ~.. ......- .........., ~"".....-..... ~ SCALE.' ,'.ISO' _ S~'J~6::!. .-!'!;!."-+- P.O.c. N.E. COR. TIIACT "E' (P,B. 6~. POS. 1~7 Ie 138, P.9.C.R,) S.E. COR. lRACT "A" (P,B. 67, POS, '7-'9, P,B,C.R,) I N DI'J.'IS. W .!:; JO.OO' "'_ l<ll SOU~E/lt.Y JO' OF' R/W ABANDONED :: _PER CITY OF' BOYNTON BEACH ~ I RESOLUTION NO, R9S-ll, DATED 8{E/9S III (O,R,B. 9397, PO. "99 - P.9.C,il, I s ~ '" ~ d <.J 0:_ i~ ~~ ~oll ~6 0. @so ili~ >- i en ~ @i :2 '" "'1 ~I ~ I N Jr1S'20" E ....... .(f6,SJ '__ __ _ - - s~EE't S,....8~ REVISION: Rl\oltlll '/21/" (~.~.K.) JOB , '36'-' OATE: 3/31/98 SHEET _l_OF' --1... DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. DD 98-074 (~ ~ TO: Michael Pawelczyk, Assistant City Attorney FROM: Bulent 1. Kastarlak, Director of Development fb/J( DATE: Mareh27,1998 -____ ___ -~l SUBJEC~oMEDEPO~~~~NTER fJlJJ_s:i7 (~ Referencing your memorandum of March 25, 1998, I reviewed your basic questions. Ouestion 1: Unified Control provision to be a part of the Agreement and recorded in the public records ofPaIm Beach County, Florida, Acceptable, Ouestion 2: That there is no longer a need for the easement now that the drainage lines have been installed, Yes, There is no need for a "construction" easement. However, for maintenance and repairs, drainage lines shall be accessible, Ouestion 3: Drainage Easement from Home Depot relating to Purple Heart Way, Is this a required easement? Yes, Ouestion 4: Whether another easement is required as to the drainage line located in the R.O,W. of Purple Heart Way and S,w. 8th Street, No, BIK:bg \\CH\MAIN\SHRDAT A\Dcvelopment\Building-6810\Documcnts\Memos in Wocd\Home Depot Expo Center.doc CITY OF BOYNTON BEACH rn MEMORANDUM .'51998 ill' .;;. TO: Bulent Kastarlak, Director of Development Mi,bW J. P,wd,,,,k, ^"i<mt City Att=~ ~f Home Depot Expo Center ..- Dr _f FROM: RE: DATE: March 25, 1998 Pursuant to our telephone conversation yesterday morning, I have attached documentation forwarded to this office by James Jordan, Esq., attorney for Home Depot, for my review. Attached is correspondenee dated March 20, 1998, requesting review of the unified control provision found in the Agreement Regarding Further Development to be entered into between Scharlin and Home Depot, U.S.A. With respect to the unified control provision found in paragraph 16, it is acceptable as to legal form and is sufficient to evidence unified eontrol, provided that the document is recorded in the public records of Palm Beaeh County, Florida. By @COPyofthismemo to Jim Jordan, I am requesting that he insert a provision into the agreement .4 indieating that upon execution, the agreement shall be recorded in the public records of Palm Beaeh County, Florida. cD , Mf(o~ // Mr. Jordan's correspondence of Mareh 20,1998 also questions how the temporary utility easement that was utilized to provide drainage to the existing Home Depot tract and the Seharlin tract is to be released or terminated. Mr. Jordan indicates that there is no longer a need for the easement now that the drainage lines have been installed. Do you eoncur? In a telephone conversation, Mr. Jordan stated that this easement has been released piece by piece on documents signed by the City. he you aware of what documents he is referring to? By copy of this memorandum, I am requesting that Mr. Jordan provide a eopy of the temporary easement (was not attached to March 20th correspondence) and a copy of one of the release doeuments to this office. @ Finally, attached is a copy ofcorrespondenee dated March 23,1998 regarding aproposed Drainage Easement from Home Depot relating to Purple Heart Way. The legal form of the easement is aceeptable; however, your department should review the document for content and I technical issues related to the project. Is this a required easemen~ for the project? <<< . ~" h\ The Mareh 23'" correspondence also asks whether another easement is required as to the drainage 8/ line located in the right-of-way of Purple Heart Way and SW.8th Street. In other words, must an easement be granted by the City for stormwater to run under SW 8th Street into the drainage pond aeross the street? I would say that such an easement is not required as the street has already been dedicated via plat to be used for a public purpose. \ \ r10 . Your immediate review and response is appreciated by Mr. Jordan, as Home Depot Expo is attempting to close on the purchase ofthe property this Friday; March 27, 1998. Please provide your comments ASAP. Thank you for your assistanee. Call if you have any questions (EXT 6050). Encl.(2) ca\ develop\woolbright\home depot expo\kastarlak memo 1 cc: James B. Jordan, Esq. (w/o enclosures)(via facsimile to 404853-8806) MAR-23-SS 17.52 FROM.SUTHERLAND ASBILL BRENNAN ID. PAGE 2/7 \ SAB SUlHERLAND, ASBIll &: BRENNAN LLP James B. Jordan 404.853.8101 Fax: 404.853.8806 jbjordan@sablaw.com Bv Facsimile March 23, 1998 To: Michael Pawelczylc cc: John Shern Susan Prillaman Howard Scharlin Re: Drainage Easement from Home Depot relating to Purple Hean Way. Boynton Beach, Florida (Store No. 6309) Mike, I am enclosing a revised draft of the Drainage Agreement which has been blacklined to highlight changes made since the previous draft. I am also enclosing a clean copy. As you will note, I have modified the agreement so as to delete any reference to Howard ScharJin as the easement will pertain only to the Home Depot property. Please review and call with any questions or comments. After you have bad a chance to review the Agreement Regarding Further Development, please give me a call with any questions or comments. Finally, please let me know whether another easemenl will be required as to the drainage line located in the right-of-way of Purple Heart Way and S. W. 8th Street. Thanks for your continuing help. Best regards. ~ MAR-23-se 17:52 FRO":5UTH~HLAND Asel~~ ~~~NN~N ~ u: '. ( A!la recordJft~ reI\ltIlto: lama B. JordOn Sutherland, Aobill &: Brennan, L.L.P. 999 P_htr~ Street, :-r.E. Ad""t.. Georgi. 30309 DRAINAGE EASEMENT THIS IS A DRAINAGE EASEMENT made this _ day of March, 1998, by HOME DEPOT U.S.A., INC., a Delaware cOlpOration ("Grantor'') to and for the benefit of the CITY OF BOYNTON BEACH. FLORIDA ("Grantee"). STATEMENT OF BACKGROUND If A. Grantor is the owner of certain property located at the southeast intersection of Purple Heart Way and S. W. 8th Street, Boynton Beach, Palm Beach, Florida and being more particularly described on Exhibit ^ter~artor's Property"). 8, Grantor wishes to grant to the City an easement for the drainage of wale: from Purple Heart Way utilizing the drainage system located on Grantor's Property. Q y/ NOW, THEREFORE, for and in consideration ofTen and No/IOO Dollars ($10.00), in hand paid by Grantee to Grantor, and for other good and valuable considerations, the receipt, adequacy and sufficiency are hereby acknowledged, Grantor and Grantee do hereby covenant and agree as follows: 1. Grantor hereby grants, bargains, sells and conveys to Grantee.. its successors and assigns, a perpetual no-exclusive easement to utilize the drainage system located on Grantor's Property, as the same may exist and be modified from time to time, for the pUIPOse of the drainage of water from Pwple Heart Way over, together with the right to have such surface water run-off treated by the pre-treatment detention facilities located on Grantor's Property. 2. Grantor reserves unto itself the use and enjoyment of Grantor's Property for all legal purposes not inconsistent with and which do not interfere with, impede or diminish the rights and privileges of Grantee c~ted and existing under any by virtue of this Agreement. 3. Whenever the term "Grantor" or the term "Grantcc" is used herein, the same shall mean and include the party named herein as "Grantor" or Grantee", as the case may be, and their respective heirs, successors, assigns, trustees, representatives and successors-in-title. 'Ibis instrument WI$ prepared by: J_ S, JcmllJl SuthcrI:md, Asbill & Br",,"an. L,L,P. 999 Peacheree Seroct, N,E. Atlanto, GoolIia 30309 M"'tc-;,c~-:st:7 1"'~2 "I(U",:su~ne.'u..""...u "'56JL1.. tttcl:.NNAN IU' r,......c. 'V7 ( 4. This Agreement shall be governed by and construed under the State of Florida. IN WITNESS WHEREOF, Grantor and Grantee have caused this instnunent to be duly executed, sealed and delivered on the day and year first above written. Bl2: ROME DEPOT U.S,A., INC. By: Name: Title: Witness Witness STATE OF GEORGIA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1998, by of ROME DEPOT U.S.A., INC., a Delaware colporation, on behalf of the cotpOra%ion. Notary Public My Commission Expires: H'\lU!(j,jBJ\14~IUJN.BB.tJ2 Olm'\.., 3..30 pm SENr BY:Atlantl.C1I 3-20-58 15:35 SUtherland,Asbl I I~ 5613756054:# 2/14 SAB SurnERLA~1). AsBILL & BRENNAN LLP James B. Jordan 404.853.8101 Fax: 404.8.53.8806 jbjordlln@sablaw.com Bv Facsimile Marcb 20, 1998 Tu: Mi~hael PawelC'lyk c:c: Kathryn c. Lee 10hn Shem Susan Prillaman Re: Home Depot Expo Store to bc constructed at the interscction at the intersection of S, W. 8th Street and Purple Heart Way, BoyDlOn Beach, Florida (Store No, 6309) - lJniticd Control Mike, I am enclosing a copy of the Agreement Regarding Furtber Development between Howard R. Scbarlin and Rome Depol. Pleam: note that paragraph 16 cuntains a unified control provision. Please let me luww if you have any questions or cuuunent.s. Note alsu that paragraph S(b) addresses the required llIailltcnance as to the landscaped strips (bolb Oil site and off site) along Purple Heart Way. r am also ellClosing a temporary utility easement whi~h I und=tand was utilized to provide drainage to the existing Home Depot tract and the Scbarlin lr'dCt. There is no longer any need for this easement now !bat the drainage lines have been installed. How do we go about obtaining the release/termination of this easement? Thanks in advance for your cooperation. J~an ~I ~Y:Atlanta.~\ ; ;:J-,U-llll l~;~O. ~ULnerlanQ,ASCIII~ ~U.~,VU~.P v/~~ AGREEMENT REGARDING FURTHER DEVELOPMENT THIS AGREEMENT (this "Asrccmen(") dated as of this _ day of , 1998, i8 made and entered into by and between HOWARD R. SCHARLIN, as Tnlstcc ("Scharlin"), and HOME DEPOT U.S.A. INC., a Delaware corporation ("HD"). PREUMlNARY STATEMENT A. ScharHn is the owner in fee of certain real property located at S. W. 8th Street and Purple Heart Way in the City of Boynton !:leach, Palm Bcach County, Florida. consisting of 6.157 acres morc particularly described on Exhibit"A" annexed hereto (the "Future R.etail Parcel"), The Future Retail Parcel includes an apj'lroximaLC 20,000 square-foot area shown as the Futurc Retail Ami (hercinailer refmed to as the "Future Retail Area" on thal certain site plan (thc "Site Plan") aullC!ted he1'Cto as Exhibit B. B. HD is the owner in fee of certain real property comprising appro.\inmtcly ten ( 10) acres (the "Depot Parcel") located adjacent to the Future Retail Parcel. Existing improvements on the HD Parcel include a building (the "Home Depot Store") containing approximately 102,000 square feet of ground floor area exclusive of meuanine, a garden area and lruck loading docks, cuslomer pickup and compactor tacilities and related parking and .lte facilities in the areas indicated au th~ Sile Plan. C. HD is also the owner in fce of certain real property consisting ofapproximatcly8.459 a.:rCll (lhll "Expo Parcel') located adjacent to thc Future Relail .Parcel on which HD intends to develop and operale an approximately 88,000 square-foot Expo Design Center store (the "Expo Store") a.nd related parlring facilities, The Expo Parcel and thc Depot Parecl arc herein collectively rcfClTed to as lhc "HD Parcel". The HD Pareel is more particularly dc.~erjbed on exhibit C annc1Ced nereto. D, Seharlin and HD are parties to thiLt certain Reciprocal Easement and Operation Agreement daled Februlll)' 12, 1990, as recorded in the Public Records of Palm Beuch County, Florida in Official Rocords Book 6378, Page 1953 on March 8, 1990, as amcnded by instrument datcd August 18, 1993, recorded at Book 7850, Page 1577 on AU!,'lIS123, 1993, aforesaid records (thc "REA"). l!. Seharlin and lID wish 10 cnter into this agrt:ement for the PUIllOSC of agreeing to certain aspects as lulne furthcr development of Scharlin's Parcel and the HD Parcel in the context of the REA md othcrwise. All capitalized t~uns not otherwise de/inc<l herein shall have the mcanings ascribed thereto in the REA. II~\JW(,VD.,.,I "~1.N)N)()(. ~V.VM"R.EOI..~ J)l.'2fJ 19Q8 12:02 pm :;tNIllY'AtllnU.UA . .J-'::Lf-uO. Lv'..xJ. ~u~lIt!r l.nQ.t\~IJJ Ii ~ STATEMENT OF AGREEMENT :-lOW, TIfEREFORE, in consideration of the mUlual covenants and agreements hereinafter set forth, and other good lUld valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Scharlin and HD hereby grant, covenant and agree as folloWli: J. Site Plan, HD and Seharlin hereby approve the revised Site Plan attached hereto as Exhibit B (the "Revised Si(e Plan"). All references to the "HD Parcel" in the REA shall mean the property described on Exhibit C hereto. 2. Grant or Soecific Drainue EKlement. In supplementation of the general utility casements granted pun;Ulll1t to the REA, each ofHO and SeharJin hcreby gr.mts and conveys to the otllc:r, [or the bcneJit oftbe other's Parcel, a perpctua1 easemml in. to, over, under and across each other's Parcel for the purposes ofinstallation. operation, use, maintenance, repair und replacement oftlle existing underground storm drainage line located therein and running oil' the Scharlin PllfCel into the righL nfway of Purple Heart Way, 3, Pvlon SirD. HD and Scharlin acknowledge that therc cmently exists one pylon sign at the interscction ofWoolbrighl PllICe lIDd SW 8th Street rather than lwo pylon signs as contemplated by the REA. HD and ScharJin agree as tbllows regarding such pylon 'lign: a. HD and Scllarlin agree to work together in good faith in an attempt to obtain such pexmits and approvala as arc nccossary to modify the existing sign eonsi 8tent with the drawing allaehed hereto as Exhibit D. 10 such event, HD shall be entitled to the two sign panels in the positions shown for the Homll Depot and P,xpo sign panels on such drawing and Seharlin shall be entitled to allocate the remaining panels among tenants and occupants of Scharlin's Parcel as he sees fit. b. In lhe event that the pmnits and approvals neteliSlll)' to modify the existing sign in the manner conteruplllled in subparagraph 3(a) above are not obtained but HI) and Sebarlin arc permitted by thc City of Boynton Beach to continue to utilize the existing pylon sign as dqlletcd on Exhibit E hereto, then HD shall be cnliUed to the two sign panelS in the positions shown thereon for the Home Depot and EKpO sign panels and Scharlin shall be entitled to allocate the mnaining panllls lItllong tenants and occupants ofScharlin's Parcel as he sees fit e. In the event that the pcxmits and approvals nccessary Lo modify tbe existing sign in the manner contemplated in subparagraph 3(a) above arc: not obtained and HD and Seharlin are not permitted by the City of BOy1lton Deach 10 contilluc to uLiliLe thc exisling sign, HD shall bave the right in the aggregato to no Icss than 160 square feet or space on whatever pylon ~ign is devoted to the Center for the display of signs fOf the Home Depol Store and the Expo Storc and Seharlin shall be entitled to o.lloeate the femaining panels umong tellanls and occllpants ofScharlin's Parcel as he sees fit 11:\HLtiJBr.ICSJSlll:llr.lOl.'SlAUMTRIiDF..G1 ~ ~ 0J/2lVI91l1l1::02 .. SENT BY:Atlanta,GA 3-20-35 15:37 SUlh~rIJnQ,ASDI I I~ ~!ulUOUV~.~ u/!~ d. Scharlin shall reimburse HD for its proportionate share of the costs of eonsU1lclmg, modifying, lighting, maintaining and repairing the pylon sign based on the ratio of the area of his sign panels to lIiI sign panels on the pylon sign. SchMlin shall have reasonable access to the H l) Parcel for purposes of erecting, maintaining, repairing and/or replacing his sign panels on the pylon sign. 4, No Build Easement No building or other sim ilar slnlcture or improvement shall be constructed on those portions of the Future Retail Parcel designated as the "No Build Easement'. on the Revised Site Plan, 5, Maintenance of LlIndsCllned Areas, a, The maintenance of the landscaping in the medians located on S.W. 8th Slreel adjacenlto the Center shall be maintained and Openl1ed by the Woolbright Place Master Asliociation. Inc. pursuant to a separate agreement and shalllherefore not be the subject of this Agreement. b, Each of Scharlin and HD shall maintain, at its sole cost. lhe landscaped strips located in those portions of the rights of way ofSW Sib Street and Purple Heart Way adjacent 10 iIB Parcel and in Ihe adjacent 2S feel wide landscaped buffers located on its Parcel, Such maintenance shall be perfonned in accordance with the requirements of the City of Boynton B eaeh, 6. 1.Il!llline, Schartin agrees that the Additional Outparccls located io front of the Expo Parcel and depicted on tbe Revised Site Plan shall be lighted in a manner consistent with the lighting of the [ixpo Parcel such that the lighting of the Additional Outparcels shall not be hrighter or dimmer than the lighting of the Expo Parcel. 7. Parking. In addition to the parking requirements established by the REA, no building or other structure shall be permitted on lhe lID Parcel or Scharlin's Parccl or the Additional Oulparcels if such building or other slnleture would reduce the parking rdlio within llllY such PlII'CCl or Additional Outparcels, as the case may be, to fewer than lhe number of parking SpllCCS ~y needed to meet the effective needs of the customers and invitees of such PlItcel or Additional Ourparcels, as the case may be. The intent oflhis provision is to avoid the need to use parking spaces on any other Parcel for the operation of the business on the subject Parcel or Additional Outparccls, as the case may be. In no event shall this provision detrdCt from or u<:gat.. th" grlllll of parking easements pursuant to subsection 1.01 (b) of the REA. 8. Amendment of U.e Restrictions, 'Ine use restrictions established by the REA arc an,cnded as follows: H:\AKC'.JUJ\14~'''tCl2\OC'K':.MG'''' I KLUl.:,tr2 3 G::.'li~ClJ"')' Il:02r'" 5tJ\T IlT: At Ian ll. (JA i ..J-,u-"o; J.c.UQ. .)UUII:I 1 4111.0. ,,::n,l 1 II ' ..._.............._..n ...... a. Notwithsmnding the last sentence ofsubsectiou3.01(f) oftbc REA, in no eveot sball any ponion of Scharlin 's Parcel be used as health spa, excrcise facility or movie thealIe, b, In llddition to the restrictions set tortll in subsection 3.01(g) of me REA. no portiou ofScharlin's Parcel (olher than any outparecls previously conveyed 10 third parties unless otherwise already restricted by the REA) shall be used for a home design center or for the sale ofbome security devices, lighting, appliances, tubs, sinks, mirrors, vanities, counter tops, other components of nome improvements or fll10r coverings (including tile) except for the incidental sale of s\lcb items (as hereinafter defined). c. For pUl1'oses of subsection 8(b) above and section 3.01(g) of the REA. the IISC ofJess than 2,000 square feet for the sale of any restricted items in the aggregate on Scharlill'S Parcel shall constitute the "incidental sale" of suclt items and shall not be deemed to constitute a violation bereof. 9, Can.tlon of Bu.lneu 011 UD Parcel. Suhsection 3.01 (j) ofthe REA is deleted in its entirety, In the event HO has nol used for a sUCGessive period of one Ye'.JI' or longer (exclusive orany period ofr=novation, remodeling or restoration) the HD Parcel for a home improvcment center or home improvement design center, the restrictions ofsubsecti,)n J,Ol(g) of the REA, as modified above, shall be null and void. 11. Additional OU(parcel Restrictions. The restrictions of section 3.02 ufthe REA. are amended as follows, shall apply to the AdditiOnal Outplt1'Cels: a. The restrictions as to building height and maximum huilding floor area specified in section 3 ,02(a) are deleted as to the Additional Outparcels. b. Access to the Additional Outpareels shall be by 110 more lhan two (2) eurb cuts locat~ in the "Permissible Curb Cut Area" depicted on the Revised Site Plan. 12. DeveloomeDt of the Future Retail Parcel. The Owners acknowledge and agree tflal Sebarlin intends to develop rhe Future Retail Parcel for shopping cenler and related retail USClS wi lit commun I'I>alJways and parking areas with the Center as indicated on the Revised Site Plan. TIle rullowing provisiolls s1tallllllvem the developmcnt ortbe Future Retail Parcel: ll. Seltarlin shall conslruct and develop the Future Retail Parcel as part of the Ccnter in accordance with all the terms and provisions 0 f this ~mc:nt, and the pl;ms and specifications lIll approve<] by 80, and in a good and workmllJ11ike manner reasonably designed to minimize any interference with the lID Parcel. Any modifications, revisions or additions to the plans and speciiicatiolL! for the Futurc Retail Parcel after lID approval shall require the prior written approval of HD. All such work called for in the approved plans and speci ricatiom shall be done at Scharlin's sole cost and expensc in accordance with all requircmcots of law. includwl; 11:~lll'.lo"'';l.IJ\ IU!l$\lJ2\OOC'S\A<iMTR ED~.C2 4 O:tl.ltl,9'JV;12;02rln ~'I OT:Atllnta,~ . ,'-~U-~ J.:,:vc. .3UlOHlan:.AS:iilt- ~lvl~VU~~.. "!~ all Nles, rc!,'UJations, ordinances, Sbmtcs and guidclines promulgated by lIIlY appliC<ible governmental or quasi-govemmentalwthorities, agencies or organiZlltions. Scharlin win apply fur and obtain. at its own expense, any lIIKi all necessary govcmmentaJ approvals for the on and off-site improvement work 10 the future Retail Parccl, including without limitation, Lbe building permit for any of its improvements. Seharlin shall indemnify, defend, hold and save lID and its agents, selVonts, employees, officers and direclotS harmless from any and aU losses, dilll1agcs, liabilities costs or apcnses arising or aUegcd to have ariSCll out of any intentionally tortious or ncgligent act or omission of Scharlill, his agents, contraeton, subconlrlldon, servants, <,mployees, Iiccnsees or invitees in connection with any construction work to be performed by or allbc direction of Scharlin, b, in addition to any othcr limilalions set forth in this Agreement, Sclu'lrlin hereby covenants and agrees with AD thal any building constructed on the Future Retai] Parcel shall be architecturally compatible with the f!xpo Store, the hcight ofsuch building (including all rooftop apparalUll and arcbitectural embellishmcats) shall not exceed tbe beight of the Expo SLore and such building shall not protrude in flont of the Expo Store (i.e., be located nearer S.W, 8tb StnlCllbanllte Expo Store). c, Sw;h improvements shall also comply with the following architcclural and construetiun rt:ljuin'menls: (i) The building finished floor or pavement of any building on the Fulure Relail Parcel shall nOI be more than 18 inches below the finished fioor of tbe building C(lll~trucled un lite Expo Parcel. (ii) The loading dock serving any such building shaU be constructed sucb that the footings and foundations of tllo Expo Store arc not undemtined or adversely affccted in any manner. U, Scharlin and HD hereby grant tu tbe othcr a non-exclusive right and casement to install, mainlain, repair and replace canopies, roofflllShing, roofs and other like projections and any illsubstlllllial em,,'roachmcuts attached to !he improvements to bc conslIUeted on lhe Ellpo Parcel and the Future Retail Parcel; provided, however, that ony such cncroachment (i) shall be subject to the prior written approval ofth<: owner ofthc Parcel affected thereby (which approval sball not be un~onabJy withheld or delayed); (ii) sball not materially or advcncly interfere with thc use and operation ofvisihiJily Oelbll Parcel burdened thereby and (iii) shan not require the removal or a]ler<ition of any building or othcr improvements ]oeated 011 the Parcel burdeued thereby. e, Subject to the following provisions of Ibis suhscction 12(e).1iD and Scharlin hcrcby specifically consent to the placement of buildings on the future Rctaill'arceJ and the Expo Parcel in the locations shown on the Site Plan: 11:\kTC."\JU^I<4$l1$\O:UXX:$w\GMTRt!DE...C2 5 QJ/llll'll)ll.l:OlPtn ~T BY:AIJanll.GA a-;W-lltl 1::':":1 ~utnerlanQ.ASOI I I~ OQ!~(vguv... 011. (i) HD and Scharlin agree that all buildings constnJcted on the Future Retaill'arcel and Expo Parcel shall comply with the foUowing requirements: (i) no building shall be constnJcted within sixty (60) feet of MY common boundary lines unless such building (hereinatter relimed to as the "Adjacent Building") shall be located immediately adjacent to the common I>oundary line and is attached to the building, ifany, on the adjacent Parcel; (ii) iran Adjacent Building: exists, then no building shall be located within siXly (60) fect oftbe Adjacent Building unless such building is attached to the Adjacent Building (the Adjacent Building and all other buildings on the PalCel that arc attached to the Adjacent Building and to each othcr are hereinafter referred to as the "Building Group") (iii) any building Ihat is DOt part of the Building Group shall be located at least sixty ((0) feet from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the building code lcquiremcnts applicable to an "unlimited area" building, including, without limitation, the installation of any approvlld spriokler system for fire prolection. (ii) In addition to the requirements set forth above, the parties hereto llgree that no building shall bll placed or constructed 00 the Parcels io a manner which will, baied on the then existing governmental regulations, eithcrpreelude the coll8l!Uction of an "unlimited area" building, or cause an existing "unlimited area" building thereon to (i) no longer be in confonnance with applicable building code requirements; or (ii) require a change or "fire rating" to comply with such codes; or (iii) require the use of different buildiDg materials or other alterations to the existing building to coml'lywith such codes. f, Scharlin hcreby grants and cODveys 10 HD, for the benefit of the Expo l'1ln:c:1. a perpetual access easement is, over and to the real property dcpicted on the Revised Site PIlID as thc "Access Easement Area" for the purpose of access to and from the Expo Parcel. g. lfScharlin constructs improvements on the Future Retail Area after HD's store 011 the Expo Parcel is opeD for husiness, Scharlill shalJ perform such construction so as Dot 10 deprive HD of the use of any parking areas, driveways, entranceways. The location of any staging area and haul roads shall be subject to HO's reasonable approval. 1~. Increase in Liabllttv Insurance Limitation.. The required amount of liability insurance reqUITed pursuant to section oCthe REA is increased from $1,000,000 to $3,000,000. J 4. Additional Addresses for Notice Purposes. Article IX regarding notices is amended to provide as follows: ^ cupy of any nolice lo Scb.'ltlill should be .entlo. clo Morton Group 902 CHili Moore Road, Suite 124 Boca Raloo, Florida 33487 Attn: Michael Morton Il;\Ktli'\JDJ\,lISB,'.w'~~~t.r.lll("I'J:(.lU 6 0.\l2IYI"tI12:02pn SENT BY:Atlanta.GA 3-20-35 l:;:QU :iU ther I and, ASO 111~ ~Ju/OOUu~.* w/!~ A copy of any notice to HD should be senlto: James B, Jordan Sutherland. Asbill and Brmrnm LLP 999 Peachtree Street, NE Atlanla, Georgia 3t13()9-3996 15, Terminatlon of Exist in II! Aneements. 'I he following documents llDd instrumenls arc subsumed hereby, are hereby terminated and thus shall have 00 further force nor effcct: (i) Undisturbed Area Easement Agreemenl between Scharlin and He dated February, 1990, recorded in Q,R. Book: 6378, Pagc 1948, as amended by Amendment to Undislwbed Arca Easement Agrccment dated August 18, 1993 recorded in O.R. Hook 7850, Page 1583, public records of Palm Beach County, Florida; and (ii) Declaration of Restrictive Covenants hy Seharlin dated as of February, 1990, rceOl'ded in O.R.l3ook: 6378, Page 1989, as amcnded by Amendment to Declaration Restrictive Covenants dated as of August 18, 1993 recorded in OR. Book 7850, Page 1574, aforesaid rccords. 16, Unified Control. The undersigned Owners, being the owners of the real pmpeny which comprises the Ccnter, which entire property is legally described on the attached Exhibit F. declare thallhis document shall hind in perpeluity (to the extent permilled by applicable law) all heirs, assigns, suecessors ilDd future owners of the Center. to develop, operale lInd nlaintain said Center under unified control, in compliance with the City ofBoynlon Beach Code of Ordinances and io compliance with conditions of approval for all ''Development Orders" or "lJcvclopment Permits" issued for the Center, without recourse to the City of Boynton Beach or any other public agency. Exhibit F attached hereto contains a legal description of the entire Center, which legal description has been certified by the surveyor of the Center and iodica1es the tolal number ofacres of the Center. t 7. '"",biens of REA. To the extent nol otbawisc inconsistent hemvith, thc provisions ofthc REA shall apply hereto, Without 1imitinS the generalily of the foregoing, either party shall be enlilled (0 avail irself of the solf.help provisions ofseerion 6.01 of the REA in the event the other party dci'aulL. h~reun<.ler, 18. Deletion of Repurchase RIeJ1t. The tenns of section 11.01 granting Scharlin a repurchase right in certain circumstances arc hereby deleted. 19. Miscellaneous. (a) If any provision of this Agreement, or portion thereof, or the application thereof to any l'ersQn or circwllstanccs, shall, 10 any extent -be held invalid, inoper-.11ive or unenforceable, the remainder of this Agreement, or the application of such provision or portion thcreofto any other persons or eircumSlanCCll, 311a11 110t be affecllld thereby; it shall not be deemed that any such invalid provision affects the consideration for lhi. Agreement; and each pro\'isiou of this Agreement shall be valid and enforceable 10 the fullest exlenl permiued by law. II; IIWG\lDJ\I.i&S\02\.DOCS\AGMTR.ma02 7 Q.\!2()110QS 12;(11 pm SENT BY:Alllnll.GA 5-20-88 15:40 SUlh~rllnd.Asblll~ 5615756054:#10/14 (b) This Agn:cmcnt shall be construed in accordanee with the laws ofthe Stale of Florida, (c) The Article headings in this Agreement ace for convenience only, shall in 110 way define or limit the scope or content of this Agreement, and shall not be considered in any construction or inlClpl'Clalion of this Agreement or any part hereof. (d) Nolhinll in this Agreement shall he construed to make the parties hen:to partners or joint venturers or render any of said parties liable for the debts or obligations oflhe other panies. (e) This Agrcanent sbaII run with the land and shall be binding upon and inure to the benefit ofthc successors and llSSigns of tile parties hereto, (f) This Agreement may be amended, modified. or ICllllinaled at any lime hya declaration in writing, executed and acknowledged by all the parties to this Agreement, ur their successors or assigns. This Agreement sball not be otherwise amended, modified or tcnninated during the term hereof. (g) The leon ''partics' as used in this Agreement shall m=n the fee simple title holders of the Parcels. It is specifically understood and agreed that thcre shall be no personal liability oflhe partics in respect to any of the covenants, conditions or provisions of the Agreement In the event of a breaeh or default by a party of lllIY orits obligations tmdcr this Agreement, the other party sballlook solely to the equity oCtbe party in its Parccl for the satisfaction of its remedies. IJ:\RE(l\JAI\I"SSm\lJOC'.8'v'.CMllWVh.Ol 8 03120.'11)14 :2:02l"1\ SENT BY:Atlanu.Gf. ; 3-20-96 1~:41 5utnfrla'~.ASDIII~ WQI~'~'I~II/~' IN WITNESS WHEREOF, the parties hereto have cauaed IhI:ir duly authorized representatives to execute this Agreement under seal as ofllu: day and year fint above written. SCHARLIN: _ (SEAL) Howard R. ScharIin, Trustee. Individually, and as Trustee under a~ dated December 11. 1986 Witness WilnClls 1m: HOME DEPOT U .S.A..INC. By: Name: Title: Witness WilDCliS STATE OF FLORIDA COUNTY OF The foregoing instnunenl WlIll acknowledged before me this day of 1998, by HOWARD R. SCHARLIN, Trustee, Notary Public My Commission Expires: H:IJt.R("'''Jn.J\14383\02\LXJ(..:b'\AliMrREDE.02 9 OJnOl'I"JII:Z:n2j1\f1 ~'I &;U'41.1IDLi,UA , ",-",,,-gg, "....~~, __."lIe. leIlU,A;)UIII. __.W'~VV~~'~~~/~' STATE OF OBORGIA COUNTY OF 'nle 100000ing instnIment was llCknowledged before me this _ day of . 1998, by _ of HOME DEPOT U,S.A., INC., a Delaware colJlOT'4tioo, on behalf ofthc corporation. Notary Public My Col11ll1illsiou Expires: 1t:'IU!f..i\ltlJ\I.)"\UN.1(J(.:M(iM'I1C.~Ui!.OZ 10 U3rnJII\l9I12:02pm SENT BY:AtlaDta.GA ..' ~ : S-20-88 EXHIBIT A-I EXHtBIT A-2 EXHIBITB EXHIBIT C EXHIBIT D EXHIBIT E EXHIBITF Inallc.'VBI\I UIS\02\l')()C$\AGtttllU:.DC.02 15:,1.1 SutherlaDd.Asblll~ WQ!~/QQ~f*lw/l. LIST OF EXHIBITS: legal description ofScharlio Parcel Legal descriptioo of Future Retail Area Site Plan (marlced to show Future Retail Area, Food Court Parcel, Auto Parccl. Westwind Pared, Additional Oulparccls, Permitted Building Area, eurb cut locations. No Build Easemcntj Legal desc:lption of the HD Parcel Drawing of Modified Pylon Sign Drawing of Existing Pylon Sign Legal Oe8criptlon of Center 11 OV2(VIOfS 12:02 P" SENT 8Y:Atllntl.GA . .. ; 3-20-58 15:41 Sutherllnd.Asblll~ ~l~'OO~,~!~J1~ First American Title Insurance Company 'CI(IZ)VLJI I-IX ("oep~io.. eoDttaUe4) Q "._Il~ Dee4 '1~"~ to the City ot BOJDtOD I..., tro. V 2n4..lAlIa Developaut COQ., date4 Ifovaller I, 1"0, recordlll 1I0ve.Jler a., Ilia lA 0... look IIU, .a,. uc; .. .ttaote4 1171 ...01_tioD 110. ..s-aa, lIate4 ~uruar:r 21, U." reelorlled ~ola 3, 1"5 1a 0... lool 1'43, '.i- 143', &D4 ...ol_tioll 110. .U-al, dated ~Qruar:r 21, U", reoordlll Jlme 21, lttS ia 0... Book .101, .a91 170; aa4 ".ol_tioD 110. atl-", dated april II, lttl, reoorlllll ..y 2, lttS 1a o.a. BOOk 1727, .a9' nl; aa4 haolutioll 110. au-,., date4 Aprl1 11, ltU, ~eoode4 J1I1y 14, 1'" lA 0... look II", .aq. la.4; aD4 .~i...er'. atfll1avlt, lIa~ auqaat ai, 1"', r.corded ..,t.aber 14, Uti lA o.a. Book Itll, .aq. lit, 'ala ..aall cooty a.oorlSa. :I{\o Uta/Ac.. Lad !lU. '\&rYay prlpered by A'f'1rOll aD4 A..odataa, Ina., IlIrVI,ill' &ad ..,pill", la.t dat.4 Eleo"-'.r U, 1"7 418010... the followiDql a. Dnall t;r.V.~8iq propert)' tn. lIortll propert)' line to 10ut.llerly portioD of pro~t:r. b. OYer vir. ..4 ....&' H.... loalt.1S OD ...tarl}' port.ioD malS .orthw..~erly port.loD ot property. a. COJlO&,.t.. uaiD plp. over aU aO%o.. lIo~t.1a property liDe. IS. lleou-lo aJl4 aull liD.. alollCJ ...t.erly property liDe.