LEGAL APPROVAL
CJ1ie City of
t:Boynton r.Beacli
100 'E. '13oynton '13eadi '13oufevartl
P.O. '13~310
'13OJnton '13eadi, !fforUfo. 33425-0310
City j{aff: (561) 375-6000
!f.9lX: (561) 375-6090
December 29, 1997
Donna West
6191 West Atlantic Boulevard
P.O. Box 4399
Margate, Florida 33063
Re: Grove Plaza - File No. SPMD 95-001
Dear Donna West:
As the applicant for the above-referenced project, enclosed is your rectified copy of the master
plan approved by the City Commission on September 19, 1995. This is being sent to you for
your files as it has been rectified and staff comments have been addressed and accurately
represents the approved master plan for Grove Plaza.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
Attachment
TJH:bme
s: \projects\groveplaza \sbmp\tmsappl
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 97-618
TO:
Bulent Kastarlak
Development Director
FROM:
Jerzy Lewicki - 1.- .
Acting Senior Planner-____....'f ,/1..,.,,\
AC- Ie fc~ .
Tambri J. Heyden, AICP
Planning and Zoning Director
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THRU:
DATE:
December 29, 1997
SUBJECT:
Grove Plaza
Accompanying this memorandum you will find documents for your departmental records
regarding the master plan that has received final sign-off.
PROJECT NAME:
GROVE PLAZA
Type of Application:
SUBDIVISION MASTER PLAN
Planning and Zoning
File No.:
SBMP 95-001
Control Plans
(Rectified Master Plan):
2 Sheets of 2
City Commission Approval:
9-19-95 Meeting Minutes and Staff Comments
Rectified Master Plan sent to Applicant: 12/30/97
JL:T JH:bme
Attachments
s:lprojects\Grove Plaza\SBMP\transmittal
,.
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1995
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,
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In response to Commissioner Jaskiewicz' question, Mr. DeSanti beHeves it could take from nine to
eleven months before construction begins. There is a great deal of work relative to community
development.
Mayor Pro Tem Matson questioned whether or not there are any plans for a gas station on any of these
parcels. Mr. Bryan's response was negative.
Commissioner Rosen raised the question of project completion based on traffic on Lawrence Road.
Mr. Knight explained that under the concurrency letter from Palm Beach County, the applicant is
required to phase the development of the site with the improvements of Gateway Boulevard and
Lantana Road.
The applicants advised the Commission that the canal is already culverted.
Vice Mayor Bradley feels the applicant has done a great job with this project. He inquired as to the
type of tenants who will occupy this space. Mr. DeSanti explained that there are a number of
components to the project. Retail represents 18,000 square feet of space which is approximately two
or three buildings. He envisions a book store, optical shop, ete. When this returns to the Commission
at the next phase, more detailed guidelines will have been worked out. Mr. DeSanti added that from
the right-of-way, each building is more than 130' back off the edge of right-of-way.
o
Mr. Knight clarified that there was a reference to a landscape appeal mentioned in the back-up material.
That appeal was withdrawn.
Vice Mayor Bradley feels this project will draw the residents of this Gty. He is anxious to see more of
these types of developments in the future.
Motion
Commissioner Jaskiewicz moved to approve the subdivision of a commercially-zoned parcel into six
lots for future development of Grove Plaza subject to staff recommendations. Vice Mayor Bradley
seconded the motion which carried 5-0.
Boynton Festive Center
Jill Jarkesy
Douglas McMillen
Northwest corner of Congress Avenue and Old Boynton
Road
COMMUNITY DESIGN PLAN APPEAL: Request for a
Community Design Plan appeal to change the colors, materials
and architectural features of a previously-approved outparcel to
be used for a Hops Grill and Bar Restaurant
t Jill Jarkesy#- agent for _ the_ applicant, explained that, at first, the applicant agreed with the
E.
Project Name:
Agent:
Owner:
Location:
Description:
19
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1995
~
Mayor Bradley stated that the motion is subject to staff comments.
The motion carried unanimously.
MAYOR TAYLOR DECLARED AT TEN-MINUTE RECESS. THE MEETING RESUMED AT 8:30 P.M.
D.
Project Name:
Agent:
Owner:
Location:
Description:
Grove Plaza
Charles W. DeSanti/Julian Bryan
Dr. Walter H. Janke and Mrs. Alice Fay
Southeast comer of Hypoluxo Road and Lawrence Road
MASTER PLAN: Request for master plan approval to
subdivide a commercially-zoned parcel into six lots for future
development
Jerry Knight, representi~th~applicant, requested approval of the master plan for Grove Plaza. This
parcel is eight acres in size and is located at Hypoluxo Road and Lawrence Road. In 1992, the City
annexed this property and the City Commission amended the Land Use Plan to reclassify it as Local
Retail Commercial and rezone it to C-3.
The master plan shows six freestanding buildings sharing four access openings and cross-access
easements. The City Commission will review each individual parcel for site plan approval and plat
approval. ~
Julian B_ryan,__rep.resen1in~app~ advised that the applicant agrees with all of the staff
comments. This is probably the first non-residential master plan being reviewed by the City
Commission. It provides enough information to allow the safeguards needed for interior circulation,
setbacks, landscaping, open space, ete. One of the significant things offered by the plan is
approximately three times the landscaped yards adjacent to the rights-of-way of Hypoluxo Road and
Lawrence Road. It provides for a 20' landscape easement on the rear. Each of the six freestanding sites
has an access drive on one side or the other in an effort to minimize interior traffic circulation. The rear
drive is one-way eastbound so that residential users heading north on Lawrence Road can make a right
turn into the property and access any of the facilities. Westbound traffic can turn at the existing median
which is approximately 1000' east of the intersedion. One of the main reasons for the access road was
staff's concern for garbage pickup. All garbage pickup will be. provided on the rear of the property.
This project will consist of 29,500 square feet of gross leasable building area.
Ms. Heyden advised that this is the first step in the subdivisiQn of this commercial property. The next
step will be platting. This sets forth the concept plan fOr the subdivision. Ms. Heyden spoke with Palm
Beach County Traffic Engineering relative to dedication of rights-of-way. There is a Lake Worth
Drainage District canal between Hypoluxo and the applicant's property. There could be some
problems dedicating that additional right-of-way. However, there will be no additional problems for
the right-of-way for Lawrence Road.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
e
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MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, flORIDA
OCTOBER 10, 1995
Board recommended denial because the application was lacking
counter applications and because of a recommendation from the
Fire Department relative to retaining the right-of-way for future
use.
The City Commission tabled this item pending receipt of all the
abandonment applications.
b. Forest Court Abandonment - The City Attorney recommended.
that we require with this, and future applications, that the
applicant secure a legal opinion from an attorney regarding
ownership of rights-of-way. That legal opinion has been
submitted by Mr. Harris, and it is currently being reviewed by the
City Attorney.
c. Three Abandonments for Poinciana School - The City
Commission approved the three abandonments subject to staff
comments.
d. Master Plan for Grove Plaza - This project was approved by the
City Commission subject to staff comments.
e.. Community Design Plan Appeal for Boynton Festive Center - This
appeal was for Hops Grill & Bar. The City Commission
supported the applicant's position and approved the project in
the way it was presented by the appl icant.
f. Packaging Concepts - Use Approval and Site Plan Approval- The
Planning & Development Board discussed the possibility of
widening the road for tractor/trailer usage. However, the Police
Department retracted their comment relative to widening the
road following a site visit. With regard to the use approval, the
applicant raised concerns about the requirement for surety. This
item was handled under the DRI for Quantum Park.
g. Site Plan Approval for Boynton Estates - The City Commission
endorsed staff's recommendation relative to the name of the
project, and approved the site plan.
h. Main Street Car Wash - The City Commission approved this
project.
2
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SKrTt;MBER 12, 1995
Mr. Rosenstock asked if the City is going to make sure that the items listed in the letter from
Florida Public Utilities Company are complied. Ms. Heyden answered affirmatively. She
explained that a public hearing is conducted at this meeting, as well as at the City Commission
meeting, and a resolution is needed to finalize this action. Before forwarding the resolution to
the City Manager's Office, she will request verification of compliance with all the conditions.
If an easement is required by any of the utility companies, she requin:s a copy of the easement
document.
,"' -
Mr. Rosenstock asked if Ms. Heyden will make sure that the person acquiring the land has
complied with the request of the utility company. Ms. Heyden said she requires the applicant
to provide her with a copy of a letter from the utility company, indicating their approval.
No one in the audience wished to speak for or against this abandoDlJlalt. Hence, Chairman
Dube declared the public hearing closed.
...
Motion
. -. ..j:-.'~',~"",
Mr. Titcomb moved to approve fhe request for abandomnent'of the' OIerry Hills Plat, number
5 on the agenda, subject to staff' recommendations. Vice Chaifman Golden seconded the
motion which carried 7-0.
On behalf of the School Board, Mr. Hernandez thanked the Board very much.
B. Subdivision
Master Plan
(1)
Project Name:
Agent:
Owner:
Location:
Grove Plaza
Chester W. DeSanti/Julian Bryan
Dr. Walter H. Janke and Alice Fay
Southeast comer of HypoIuxo Road and Lawrence
Road
Request for master plan approval to subdivide a
commercially zoned parcel into six lots for future
development.
Description:
10
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
Mr. DeCarlo reviewed Planning and Zoning Department Memorandum 95-481. Initially, the
Palm Beach County Traffic Division determined that the project did not meet the requirements
of the Traffic Performance Standards of Palm Beach County. However, phasing or up to 23
percent of the project could be built. Today, we received a letter from the Office of the
County Engineer stating that the project is also required to phase to the widening of Lantana
Road from Military Trail to Congress Avenue. The Traffic Division has determined that,
based on the phasing of the project to the widening of Gateway Boulevard from Military Trail
to Congress Avenue and the widening of Lantana Road from Military Trail to Congress
A venue, the project meets the requirements of the Traffic Performance Standards of Palm
Beach County. In addition, Palm Beach County requests that the City of Boynton Beach
require the development to dedicate or reserve the right-of-way necessary for the ultimate
cross section for Lawrence Road and Hypoluxo Road, and an expanded intersection at
Lawrence Road and Hypoluxo Road. Staff recommends approval of this master plan request
subject to the rectified master plan showing compliance with staff comments and the applicable
City of Boynton Beach Code of Ordinances. Mr. DeCarlo brought to the Board's attention,
comment number lOin Planning and Zoning Department Memorandum 95-482, which states
as follows:
,
"It is recommended that a note be added to the master plan that will carry over and be
reflected on the plat document that states that signage and building design for all six
parcels shall be unified in appearance as one plaza in conformance with the city's sign
code and Community Design Plan. "
Vice Chairman Golden asked when this property was annexed into the City. Ms. Heyden
advised that it was annexed into the City in 1992.
Mr. Bryan agreed with staff's recommendations; however, he said he and staff determined that
it would probably be appropriate to withdraw the request for a landscape code appeal at this
time. The reason it was deemed necessary initially was because the applicant tried to
anticipate the individual users of the six buildings. He anticipated that the property lines
would go down the center line of the various entrance drives and that there would be cross
access agreements for vehicular access that would run in favor of each of the parcels. which is
typically what is done in a shopping center with outparcels. He said staff wondered why he
could not put the property line through the middle of the landscape areas between two ponions
of the parking lot. He said this can be accomplished. Right now. it is not known what
somebody might ask for when they come in to buy the site. They may want it to be subject to
11
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
an easement instead of having to buy the driveway. Mr. Bryan agreed to withdraw the request
for a landscape code appeal this evening and readdress it at the time of individual detailed site
plans, if necessary. He said part of any motion the Board makes might be disapproval, subject
to the rectified master plan. As a part of that, the track lines would be adjusted to coincide
exactly with the phasing lines as shown on the plan at the present time. This would solve the
problem and he would be happy to do that. He said the plan is a little unusual in that normally
you might expect to see a strip center with a series of users within one building. The plan is .
simply to have six freestanding sites which are substantially underutilizing the site. Normally,
for eight acres, you would expect to see something like 80,000 square feet of gross leasable
building area. This is a little under 30,000. It offers the feature of having the reverse type
frontage row that will provide the continuity for the interior vehicular access. It ties all the
parcels together.
Chairman Dube stated that in physically looking at the property, all the right-of-way that is on
the Lake Worth Drainage District is sitting in the front of these buildings. If you drive down
Hypoluxo Road, where the Lake Worth Drainage District has all the right-of-way, you will
find five foot weeds. The whole frontage of this property is only going to end up getting cut
twice a year, unless the owners take care of it. Mr. Bryan felt it was safe to assume that the
,
retail users will find a way to mow the grass. Chairman Dube pointed out that the parcels will
be sold off on an individual basis. Mr. Bryan advised that one of staff's comments pertained
to the formation of a property owners I association for the purpose of maintenance of lighting
and signage, and keeping the areas policed around dumpsters, landscape maintenance, and the
sprinkler system.
Vice Chairman Golden stated that before this property was annexed into the City in 1992,
there was a policy in the Comprehensive Plan which stated the following:
"The eight acre parcel adjacent to Hypoluxo Road sbould be placed in a low density
residential category. It should be limited to two-story homes or ACLF units.
Commercial development of this site is not warranted since an adequate number of
commercial sites are located one-half mile to the west of Military Trail and one mile to
the east of Congress Avenue. "
Vice Chairman Golden said when this was annexed, the City placed a commercial land use and
zoning on the property, so we have to deal with this issue at this time. In addition, the
character of this area is primarily residential, agricultural, and public use. Therefore,
anything that goes in there needs to tit in with those surrounding land uses. Even though this
12
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
property is commercial land use and zoning, there is no mandate that the City approve any site
plan in the future. He had some grave concerns about this particular site plan. He could see
maybe one or two buildings or parcels here, but not this many buildings. He stated that there
is no place in the City where we have accrued a stretch of six outparcels like this. It is
unprecedented anywhere in the City, and particularly for this area. He thinks the Board needs
to take a very close look at this when making a recommendation.
Mr. DeSanti stated that on December 15, 1992, an ordinance was passed by the City
Commission regarding an amendment relative to the Comprehensive Plan language. The
language essentially struck the residential component and then called for a local retail use
category to be developed. It states that because this parcel possesses a County low commercial
land use plan designation, and because of the narrow configuration of the parcel which would
make residential development very difficult, the City Commission modified it to allow this to
be local retail in nature.
Mr. Rosenstock agreed with Vice Chairman Golden's comments. He stated that we are about
to embark on a visions program as to what we want our City to look like. He could not
support this project.
,
Mr. Bryan stated that in the case of an eight acre site, the good rule of thumb meeting
landscape and parking requirements, etc. is approximately 10,000 square feet of building area
per acre for one-story construction. He found this to be very consistent throughout the City.
This is approximately one-third of that utilization. This is 29,500 square feet as opposed to
82,000. This has control of access with three points of access and has substantially in excess
of the parking, open space, and landscaping requirements. The landscape buffer strips on the
south and the north property lines are double what the code presently requires. It also requires
that there be a wall along the south property line. It is not an overutilization of the land. It
was very carefully thought out. Consideration was given to the points of access. This went
before the review committee three times with substantial input by the City Engineer and the
Planning Department with regard to points of access, buffering, size of the buildings, and site
utilization. He did not think the purpose of this meeting was to determine what the land use
should be. He thoupt the purpose of this meeting was to review the pros and cons of the
master plan.
Mr. DeSanti stated that when this property was annexed in 1992, the petitioner brought to the
Planning and Development Board and City Commission a site plan which is fairly consistent
with this particular site plan. It was rezoned and annexed, and the Comprehensive Plan was
13
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
adjusted. This project, as proposed, represents a permitted use within the district in which it
is located. It is consistent with the Comprehensive Plan in every regard. This property has
met Palm Beach County standards. Staff has spent 50 to 70 hours reviewing this plan and has
made the applicant adjust it on numerous occasions to meet every intent and every letter of the
law. He has withdrawn the appeal in order to be in total conformance with the City I S
development regulations. This has been heard by the City Commission more than once. This
plan is now ready to move forward under a phased approval by virtue of the Traffic
Performance Standard recommendations made by the County to the City. He did not know of
any regulation that he does not meet. He plans on bringing a site plan and plat to the City. It
will be a coordinated and unified effort in terms of its architectural design, its treatment of
colors, and its signage program, which will meet every aspect of the City's Code. He
respectfully requested that staff's recommendation be upheld.
The site plan reminded Vice Chairman Golden of U.S. 192 and Kissimmee.
Mr. Wische felt we were losing sight of why we are on the Board. He said we sit on the
Board to judge whether whatever comes before us meets our codes, ordinances, laws, etc. He
did not think we should delve inJo our personal opinion about shape, color, etc. He stated that
those are not the questions at this time. Mr. Beasley agreed with Mr. Wische. He appreciated
that the applicant could have increased the density on this property but did not. He felt the
separation into six buildings is less likely to look like a strip. It allows for more open space,
green space, landscaping and buffering from adjoining residential. He felt it was a very good
plan for that site in lieu of what they could have put there.
Mr. Rosenstock stated that if what Mr. Wische said was true, all we would need to do is hand
the Code book to developers and tell them just to meet the Code and we will approve it. He
pointed out that other parameters must be met.
Chairman Du~ allowed the audience to speak on this item.
Joyce Billingsley, 100 Meadows Park Lane, believed that most of the residents of Boynton
Beach feel that we have enough commercial property. There are many vacant buildings and
that is very unsi&htly. She was not in favor of supponina more commercial development that
mayor may not become vacant in a year.
14
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPTEMBER 12, 1995
Motion
Vice Chairman Golden moved to recommend denial of the master plan for Grove Plaza to
subdivide the commercially zoned parcel into six lots for future development. Mr. Rosenstock
seconded the motion which failed 4-3. as follows:
Dube Nay
Golden Aye
Beasley Nay
Elsner Aye
Rosenstock Aye
Titcomb Nay
Wische Nay
Motion
Mr. Beasley moved to approve the Grove Plaza request for master plan approval. Mr. Wische
seconded the motion which carried 4-3, as follows:
.
Dube Aye
Golden Nay
Beasley Aye
Elsner Nay
Rosenstock Nay
Titcomb Aye
Wische Aye
Chairman' Du~ declared a recess at 8:41 p.m. The meeting reconvened at 8:52 p:m.
Master Plan Modificadon
(2)
Project Name:
Agent:
Owner:
Location:
Naudca Sound flk/a Knollwood Groves (POO)
Kilday and Associates
Meadows Grove, Inc. and R. Bradford Arnold,
Trustee
East side of Lawrence Road, approximately 1,300
feet south of Hypoluxo Road
15
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MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
SEPl'EMBER 12, 1995
Vice Chairman Golden asked if the number of trips has decreased because of the reduction of
the number of units. Ms. Heyden answered affirmatively.
Mr. Kilday stated that he has agreed to a staff condition that the Meadows Boulevard extension
has to be constructed prior to the issuance of the first Certificate of Occupancy.
Marty Helo, 43 Rutland Lane, felt there was a communication and nolification problem. The
people who live in the Meadows only recently found out about this. They have not received
,any notification in the mail, nor have they noticed anything on television or in the newspapers.
He said this project is going to cause the residents substantial problems. He insisted upon his
fair day with the City Commission. He wanted the community to have some input. He
wanted the residents to be consulted about what is going on in their community. He said the
residents do not need the additional traffic. He was concerned about the children being
accidentally injured while waiting for school buses. He stated that an aerial fll'e trUck will not
be able to make the turn doWl\ that road. He asked the members of the Board to help the
residents get an opportunity to speak to the City Commission.
Motion
,
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Vice Chairman Golden moved to approve the maSter plan mOd~cItiOtifor Nautica Sound.
subject to all staff comments. Mr. Beasley second~ the Iiio~~n whi4 ~ed 7~.
c. Appeals
Landscape Appeal
(1)
Project Name:
Agent:
Owner:
Location:
Grove Plaza
Chester W. DeSanti/Julian Bryan
Dr. Walter H. Janke and Alice Fay
Southeast ~rner of Hypoluxo Road and Lawrence
Road
Request for a lalJdscape code appeal to omit the
2 1/2 foot wide landscape strips between the
interior lot lines of the subdivision.
Description:
This item was withdrawn by the applicant.
20