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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, -/~... '" " -;;,,/ -/. " <---7-"'{"--' /;~"'- Tambri J. Heyden, AICP Planning and Zoning Director Attachment TJH:bme s: \projects\groveplaza \sbmp\tmsappl ~~rU;a 's (jateway to tfu (juEfstream 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 'j" "l \ .'; '-- '-"'- f\..../':::::..- \.../- 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 ~, ~ I ! , I 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 18 ___ ____ .. ___u_~__ _---.-~ 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 ~,., 1. +:>4 ~ -'~ .......'.,,-., ~...-- 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 :If .~.. -i~-:-:.A.. -,. 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 , , ~,' "~;;:'k . -- ~::,.j'~:'. " -. ' 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