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
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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
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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
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~ 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
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EXHIBIT "H"
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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$1ON,
_lID _/21/1' (M.....)
.-
- :<ETCH it DESCRIPTION
DRY DETEN110N AREA #1
A PalTl()l Cf TItlCT ... . (P8. 65. FCS. 131 t lJ& P.B.C.R.l
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~ I SOUitiERI. Y 30' Of R/W A9ANDONEO
"'\--PER CITY OF BOYNTON BEACH
1"0 I RESOLUTION NO. R9S-11, OATEO 8{6/se
~l (o.R.a. 9397. PC. 1199 - P.S.CR.
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JOS , '3&4-5
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SHEET ...LOP _1-
)KETCH Be DESCRIPTION
DRY Drn:NllON AREA 12
A PORnON IS l7UCT 'r - (P.B. S5. PC$. !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__
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MGA .faN. III.OMIA .....
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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.)
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:: _PER CITY OF' BOYNTON BEACH
~ I RESOLUTION NO. RI8-11, DATED S/e/ge
IS (M.B. 9J1l7. PC. 11119 - p.a.C.R.)
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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!
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~-Im
O !""8 11I1I
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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~
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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
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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 $igned by:
Vern ",alS<<!
DEPUTY CLERIC
1)<&iolII__
b'':J/i.""",e~'
Atilf~"tSe<.~
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"I.I~ IUllOI~'FlOOR ElEVAIION 16.0 FEEl "'YO.
"INI~ ROAD CIIOIIll ElEVATlal 13.6 FEn IIGYQ.
OlsCHAReE FACilITIES:
DESCRIPTION: \-0.7' WIDE WEIR WITH A CREST A1 EltwATION 12.6' HeyO,
1.1.0' HIGH av 0.5' HI'" INVERTED TRINi&lIlAA ORIFICE WITH
All INVERT AT flEVATlal f.O' "'VI) NIl 5S If OF 30'
DIAMETER'"' CULVERT.
RECEIVIMG WATER: ('15 CAMAl YIA THE lWOO E.4 CAMAl.
CalTAOl UlVATlOll: f,O fEn ",YO,
THE PERIlIT1t[ SHAll IE RESPCII$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.
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4.
5.
6.
7.
8.
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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.
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THE '[RMITTtE SHAll SUlNI' A COPY OF ALL fREll"INAlY 'LATS F~ DISTRICT
$1A'f Rmrv. TO DETERMINE IF SUFfICIlIll OIlAIWE NlO MlllUllAIlCl USlIIEHTS
HAVE IEEll 'ROVIO(l). II COPY Of All a[COIlD[O PLATS SllMllt SU8lllTlEO WHEN
AVAllAIU, TO I( IlIClUOED IllTO TII( '[RIllY FILE FOIl OOClll€llTATlOH OF
AIl(QIlATt ANO PIlOHR WOWlTS '01 1lIE DIlA.""'E fACILITIES.
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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
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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
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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
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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
~
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.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
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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.
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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
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Date of Dc.len
12/11/97
De.lln Number
THD2206.CDR
RevllloD Number
THD2206b.CDR
Revl'lo_ Oate(.)
OLI12198
01/14/98
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,,"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/
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PASSED AND ADOPTED this /.6
day of /-p#v , 1995.
"
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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
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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
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. DD 98-007
ill
JM6
8 &l8
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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
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.
titliNG AND
To:
From:
Date:
/II f/AJ
f c j) 1?h;;C f>e7""~
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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'
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"
PASSED AND ADOPTED this /6
day of ~#V , 1995.
II
"
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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~ ' .
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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\ \
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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""
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DI!:PARTMI!:NT OF DI!:VI!:LOPMI!:NT
MI!:MORANDUM NO. DD 98-007
ill
JAN81900
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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
'--{
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-;
_/ !
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
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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. ~
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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
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PLANNING AND
ZONING DEPT.
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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',..
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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
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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':!
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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
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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
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._~,
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 \
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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
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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.
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11I'1'BIar.J1m, UIILL I ....,.. r..f1.'.
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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<"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
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SKETCH &: DESCRIPTION
DRY DETENTION AREA 11
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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...
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Florklo Roql.trollon No, 3258
AIIIROM a. ASSOCIA~S. iNC.
LB. No. 3300
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SKETCH & DESCRIPTION
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~ I RESOLUTION NO, R9S-ll, DATED 8{E/9S
III (O,R,B. 9397, PO. "99 - P.9.C,il,
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SHEET _l_OF' --1...
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. DD 98-074
(~
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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:
'.
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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'
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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
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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,~
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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.