AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 Apri] 7, 2004 March ]5,2004 (Noon.) 0 June], 2004 May 17, 2004 (Noon)
0 Apri]20,2004 Apri] 5, 2004 (Noon) 0 June 15,2004 May 3],2004 (Noon)
181 May 4, 2004 Apri] 19,2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon)
0 May 18,2004 May 3, 2004 (Noon) 0 Ju]y 20, 2004 July 5, 2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
181 Consent Agenda 0 Public Hearing
0 Code compliancelLegal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the May 4, 2004 City Commission Agenda under Consent
Agenda. Staff finds the proposed revisions to be the minimum to both comply with code standards, and provide appropriate
screening to the adjacent residences, when all conditions listed in Exhibit "C" of the staff report are met. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 04-079, and specifically page #3
which indicates the original wording of condition (#45) to be amended.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Woolbright Plaza (MSPM 04-001)
H. P. Tompkins, H.P. Tompkins Consultants, Inc.
Veronica Motiram
1604 South Congress Avenue
Request for Major Site Plan Modification to an existing site plan to modify Condition of
Approval #45 to reduce the west buffer landscaping to the minimum required by code.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
~~
Janning and Zo' rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Woolbright Plaza\MSPM 04.()0] \Agenda Item Request Woolbright Plaza MSPM 04-00] 5-4-04.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-079
STAFF REPORT
TO:
Mayor and City Commission
THRU:
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP >- -j,
Planner V
April 21, 2004
DATE:
PROJECT NAME/NO:
Woolbright Plaza / MSPM 04-001
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
R.S.B. Ventures, Incorporated
Applicant:
Mr. H.P. Tomkins, Jr. / H.P.T. Consultants, Inc.
Agent:
Mr. H.P. Tomkins, Jr. / H.P.T. Consultants, Inc.
Location:
Southwest corner of Woolbright Road and Congress Avenue
(see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Community Commercial
(C-3)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
14,490 square foot drug store with drive-through facility,
4800 square feet of retail/commercial, and 40,000 square
feet of office / retail
Acreage:
215,393 square feet (4.945 acres)
Adjacent Uses:
North:
Right-of-way of Woolbright Road, then property classified Local Retail Commercial
(LRC), zoned Community Commercial (C-3), and developed with a Mobil service
station;
South:
Developed property classified Local Retail Commercial (LRC), zoned Community
Commercial (C-3) and occupied by Woolbright Corporate Center;
Staff Report - Woolbright Plaza (MSPM 04-001)
Memorandum No PZ 04-079)
Page 2
East:
Right-of-way of Congress Avenue, then property classified Local Retail Commercial
(LRC), zoned Community Commercial (C-3) developed with an Amoco service
station, farther southeast is property classified Local Retail Commercial (LRC),
zoned Planned Commercial Development (PCD) developed as Boynton Shoppes;
and
West:
Quail Run water detention area, farther west is developed property classified Low
Density Residential (LDR), zoned Planned Unit Development (PUD) and occupied by
Quail Run Villas.
BACKGROUND
Proposal:
The Walgreen conditional use / major site plan modification (COUS 01-007) known
as Woolbright Plaza was approved by the City Commission on March 5, 2002. The
project intent was to raze a vacant 5,645 square foot bank and replace it with two
(2) new buildings, namely, a one-story and a four-story building. The developer
has already demolished the vacant bank building that once stood in the center of
the parcel and is now in the process of constructing the one (1) story drug store /
commercial building totaling 19,290 square feet. It will consist of a Walgreen's
Drug Store (14,490 square feet) and 4,800 square feet of commercial/retail area.
The conditional use review and approval was required for the Walgreen's Drug
Store drive-through feature. The four-story building was approved for a total of
40,000 square feet in area. The first floor (10,000 square feet) will have
commercial/retail uses while floors two through four (30,000 square feet) will be
used solely for offices purposes.
According to the previous staff report (COUS 01-007), the entire project is to be
built throughout three (3) phases; however, all infrastructure, including
landscaping, parking, etc. will be completed by the end of the first phase prior to
the issuance of a certificate of occupancy. Also, a buffer wall is reqUired on the
subject property because it is zoned commercial and directly abuts residentially-
zoned property to the west. The wall would be placed within the west landscape
buffer. This west landscape buffer coincides with a utility easement creating an
obstacle for proper placement of the required wall. According to Chapter 2, Section
4.L. of the Land Development Regulations, a buffer wall cannot abridge or be
constructed over existing utilities. The Utilities Division commented as follows:
"The Utilities Department does not approve of a CBS screen wall or continuous heavy
landscape visual screen barrier within its utility easement along the west property line of this
project. Palm tree c1uster(s), staggered on either side of the existing water main may be
planted to satisfy the screening intent. However, the Utilities Department will field locate
the water main at the time of landscape planting to ensure that no trees are installed that
would be detrimental to the existing water main. Low shrubbery is permissible provided
that the applicant executes a "Hold Harmless" agreement in the event the Department is
required to excavate any portion of the utility easement to repair and / or replace any
portion of the existing water main that would damage and / or destroy said palm tree
clustering or said low shrubbery".
Staff Report - Woolbright Plaza (MSPM 04-001)
Memorandum No PZ 04-079)
Page 3
At that time, staff would not allow a buffer wall within the utility easement resulting
in the request for a variance (ZNCV 02-009) to omit the wall with a commitment to
enhance the landscaping within the landscape buffer / utility easement. Staff
reviewed the request and recommended approval with the following conditions:
"With respect to consistency, this variance approval is contingent upon the proposed west
buffer detail as shown in Exhibit "D". This buffer shall include but not be limited to planting
material such as Areca Palm, Sabal Palmetto, and Cocoplum hedge"; and
"The planting material such as trees (Areca Palms and Sabal Palmetto) shall be a minimum
of twenty (20) feet in height. The proposed Cocoplum hedge shall be a minimum of four
(4) feet in height at time of installation".
On August 27,2002, the Planning & Development Board reviewed the request and
voted 6 to 1 to recommend denial. Initially, the variance request was scheduled for
the September 2, 2002 City Commission public hearing. However, the applicant
postponed the hearing until the September 17, 2002 meeting. At that meeting,
there was much discussion regarding the case (ZNCV 02-009) and the City
Commission implored the applicant to continue to work with staff on a resolution,
by possibly relocating the wall outside the easement area and preferably without
the loss of parking spaces. The City Commission also remanded the variance
request to the Planning & Development Board. The applicant withdrew the
variance request when all parties found an acceptable location for the wall along
the easement. However, when the conditional use (COUS 01-007) application was
originally reviewed and approved two (2) years ago (prior to the variance request),
the City Commission made the following comment regarding the landscape buffer:
"Condition of Approval #45: Along the west landscape buffer within the utility easement,
the applicant shall replace the proposed Sabal Palm trees with Royal Palm trees (at same
specifications). In addition, the Areca Palm trees and appropriate shrub material shall be
installed at a height that will function as a significant lower-to-midlevel visual buffer. The
landscape material proposed in said west landscape buffer shall be continued to the
southwest corner of the subject site. The West Indies Mahogany trees proposed on the
west landscape buffer shall be installed at a more "mature" height and will be planted tip-to-
tip. A mixture of "mature" Royal Palm trees and "mature" Live Oak trees shall be installed
along the north and east property lines".
Assuming that this condition was warranted in lieu of a buffer wall, the applicant
therefore, justifies this request to omit this condition and reduce the landscaping to
the minimum required by code now that the wall would be erected. Therefore, this
major site plan modification (MSPM 04-001) represents the applicant's request to
officially remove Condition of Approval #45, to incorporate a wall into the design of
the west landscape buffer, and to revise the landscape plan accordingly. Staff's
analysis of the new design and proposed plant material is outlined in the
"landscaping" section of this staff report.
Site Characteristic: The subject property is one (1) vacant lot totaling 4.95 acres. This large
irregularly-shaped parcel does not contain any vegetation or species of special
concern. The survey shows that Tract "B" would be separate from the remaining
portion of the property. Staff does not recognize this property as two (2) separate
parcels. Although the property owner may want to subdivide the property in the
Staff Report - Woolbright Plaza (MSPM 04-001)
Memorandum No PZ 04-079)
Page 4
future, a subdivision of this nature would require a replat. Only during the
replatting process, would staff have the opportunity to review the subdivision for
compliance with the C-3 zoning district requirements and subsequent implicit
limitations such as parking, setbacks, and landscaping.
ANALYSIS
Concurrency:
Traffic: The proposed change has no impact on traffic concurrency.
Drainage: Conceptual drainage information was provided for the City's review when the
project was reviewed and approved in 2002. The Engineering Division
recommended the review of specific drainage solutions be deferred until time of
permit review. The proposed change has no impact on drainage.
School: The proposed change has no impact on school concurrency.
Driveways: No change is proposed to any driveways with this modification.
Parking Facility: No change is proposed to the parking areas with this modification.
Landscaping: Currently, the site is only partially developed. The proposed pervious or
"Iandscaped" area would equal 1.59 acres or 32% of the total site. The change in
landscaped area between this plan and the last approved plan would be
insignificant.
The original landscape plan was approved with 103 shade trees, 82 palm trees, and
2,891 shrub and groundcover plants. The plant list of the proposed plan indicates a
total of 96 shade trees, 90 palm trees, and over 2,881 shrub and groundcover
plants. The tabulations show that 80% of the trees and 60% of the shrubs would
be native, therefore, in compliance with the City's 50% native plants requirement.
In addition to the continuous row of Redtip Cocoplum hedges, the west landscape
buffer originally contained the folloWing: 13 Sabal palm, 15 Areca palm, 1
Montgomery palm, 1 Purple Glory tree, 8 Sweet Mahogany, 1 Live Oak, 2 Gumbo
Limbo, 30 Sword Fern, 22 Stokes Dwarf, 55 Saw palmetto, and 28 King's Mantle
plants. However, the proposed landscape plan shows that a six (6) foot high buffer
wall would run along the entire length of the west property line. In addition to the
Redtip Cocoplum proposed on the inside of the wall for one-half of the west
property line, it shows 10 Sweet Mahogany, 18 Sabal palm, 122 Dwarf Firebush,
and 35 Fakahatchee Grass plants. Although less plant material is proposed within
the west landscape buffer, it would still meet minimum code requirements in
conjunction with the buffer wall. However, the landscape plan also indicates
changes to the plant species, quantities, and tree spacing within the north and east
landscape buffers, adjacent to the rights-of-way. The plan does not meet code in
this respect and would have to be modified to comply (see Exhibit "C" - Conditions
of Approval). A cluster of Royal Palm trees is also shown at the northeast corner of
the subject property. The City Commission recommended approval of the original
Staff Report - Woolbright Plaza (MSPM 04-001)
Memorandum No PZ 04-079)
Page 5
project with condition #45 also requiring that a mixture of mature Royal Palm and
Live Oak trees be installed along the north and east property lines, not just
exclusively at the northeast corner of the property as currently proposed by this
plan. Therefore, in this respect, staff feels that the proposed landscape plan does
not meet the intent of the City Commission's original (#45) condition of approval.
The applicant has not provided justification for the changes made to these other
two buffers, or the reason for partial compliance with this aspect of the original
condition (#45) that is unrelated to the west landscape buffer.
Buildings and Site: No changes to the buildings or site are proposed with this modification other than
what is already described in the "landscaping section" of this staff report.
Design:
No change to the design of the site is proposed with this modification.
Signage:
No change to the project signage is proposed with this modification.
RECOMMENDATION:
Staff finds the proposed revisions to be the minimum to both comply with code standards, and provide
appropriate screening to the adjacent residences, when all conditions listed in Exhibit "c" are met. Any
additional conditions recommended by the City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Woolbright Plaza\MSPM 04-001 \Staff Report.doc
Location Map
Woolbright Plaza
EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Woolbright Plaza
File number: MSPM 04-001
Reference: 2nd review plans identified as a Maior Site Plan Modification with a March 16, 2004 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be
reflected on all aODfooriate sheets.
2. Please note that changes or revisions to these plans may generate additional
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
3. The Gumbo Limbo proposed adjacent to the dumpster enclosure may need to
be relocated to provide vertical clearance for Solid Waste oickuo.
4. It is recommended that the four mahoganies proposed along the south
property line be located in such a manner as not to conflict with the existing
black olives to the south.
5. It may be necessary to replace or relocate large canopy trees adjacent to light
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A.1.b).
UTILITIES
Comments:
6. All utility easements shall be shown on the site plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility 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. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
COA
04/21/04
2
DEPARTMENTS INCLUDE REJECT
utility easements or public rights-of-way.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable
water. As other sources are readily available City water shall not be allowed
for irrigation.
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
8. This major site plan modification request is to amend condition of approval
#45 from CaDS 01-007. Condition of approval #45 states, "Along the west
landscape buffer within the utility easement, the applicant shall replace the
proposed Sabal Palm trees with Royal Palm trees (at same specifications).
In addition, the Areca Palm trees and appropriate shrub material shall be
installed at a height that will function as a significant lower-to-midlevel
visual buffer. The landscape material proposed in said west landscape buffer
shall be continued to the southwest corner of the subject site. The West
Indies Mahogany trees proposed on the west landscape buffer shall be
installed at a more "mature" height and will be planted tip-to-tip. A mixture
of "mature" Royal Palm trees and "mature" Live Oak trees shall be
installed along the north and east property lines". The remaining 44
conditions of approval would still be applicable.
9. As with any request for major site plan modification, a new signed and sealed
survey (within 6 months) is required. Copies not permitted.
COA
04/21/04
3
DEPARTMENTS INCLUDE REJECT
10. The proposed survey shows a new property line that separates Parcel "A"
from Parcel "B". Staff does not recognize this line because the original
survey (that was submitted with CODS 01-007) showed the subject property
as one (I) parcel. Approval of the proposed survey submitted with this
request for major site plan modification implies that the project meets
setbacks, parking, lot coverage, cross-parking, cross-access, etc. More
information would be required for staff to make this determination.
II. The landscape plan that was last reviewed and approved by the City
Commission was dated February II, 2002. These are the officially
recognized plans despite any changes that have been made during the
permitting process. Therefore, the proposed landscape plan (dated March 9,
2004) will be compared with the ones approved by the City Commission.
12. On the landscape plan, ensure that the plant quantities match between the
tabular data and the graphic illustration.
13. All trees, if proposed as trees, must be at least 12 feet in height and three (3)
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This would apply to the Silver Buttonwood, Japanese Fern Palm, and
Glacous Cassia trees.
14. According to Chapter 7.5, Article II, Section 5.D. of the Land Development
Regulations, trees cannot be spaced more than 30 feet apart if planted within
landscape buffers that are adjacent to rights-of-way (i.e. Congress Avenue
and Woolbright Road). Clustering of trees is permitted, however, the
proposed plan shows large gaps between the clusters and this does not meet
the intent of the code. Add more trees to "fill in the gaps".
15. Staff recommends that the parking lot pole lights west of the buildings be
reduced in height from the proposed 30-foot height, which can be easily
screened from the residential property to the west by the proposed
landscaping, that landscaping height and spacmg be improved to
appropriately screen these 30 foot tall light fixtures, or shields be placed on
the light fixtures in order to meet the intent of the previous two (2)
recommendations.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
16. To be determined.
MWR/elj
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EXHIBIT "0"
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CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet m.I:!.B accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one copy of agenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
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Deadline for Submittal to City P & D I CRA Requests Deadline
Clerk's Office
All back u material is attached
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Please do not write in the shaded area below.
bg - 7/19/02
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