LEGAL APPROVAL
The City of Boynt~l Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 8, 2005
Mr. Lution Hill
KMA Investments
2295 NW Corporate Drive - Ste. 245
Boca Raton, FL 33431
RE:
File No.:
Location:
Grove Plaza Parcel D
CaDS 05-006
3920 Hypoluxo Road
Dear Mr. Hill:
Enclosed is the Development Order granted by the City Commission on June 21, 2005. The conditional use/site plan
approval is valid for one year from the date of final approval. In order to maintain vested status, a building permit must be
secured or an extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Imoortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
4:JZ-
Michael W. Rumpf
Director of Planning & Zoning
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel D\caus 05-006\Appvlltr after CC.doc
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DEVELOPME.. .. ORDER OF THE CITY COMMIS.....DN OF THE
CITY OF BOYNTON BEACH, FLORIDA
.'''':'~:..E:'':';:,"~... _..,;.-:-.::.;.:.=lI"......!,:.
Developrrnlnl
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Grove Plaza Parcel "D"
APPLICANT'S AGENT: Mr. Lution Hill - KMA Investments
APPLICANT'S ADDRESS: 2295 NW Corporate Drive, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
June 21, 2005
TYPE OF RELIEF SOUGHT: Conditional Use approval to convert approximately 3,500 square feet of
an 11,973 square foot retail building in a C-3 zoning district for a minor
automotive repair establishment.
LOCATION OF PROPERTY: Parcel "0" of Grove Plaza, located on the south side of Hypoluxo Road,
east of Lawrence Road
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
5.
6.
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations. ill' ~ @ ~ ~ F" t> ,-'1
The Applicsmt I I i
~HAS J ~ 242005 G
HAS NOT '. !
established by substantial competent evidence a basis for the r +g ~T~ OEVELOPMENl
2.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App~nt's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the prope
and conditions of this order.
all be made in accordance with the terms
DATED:
7. Other
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ARCHITECl\JRE ,PLANNING. DESIGN
AA-0002886
April 18, 2005
City of Boynton Beach
Planning and Zoning Department
City of Boynton Beach, Florida
Re: Grove Plaza Parcel "on
To whom it may concem:
Please consider the following findings, regarding the standards for evaluating conditional uses, as per
the City of Boynton Beach Code:
1. Ingress and egress to the subject property and proposed structures so as to respect the general
health, safety and welfare of the community. Automobile and pedestrian access ways are designed
with respect to the safety and convenience of the community, to enhance traffic flow and control,
and to provide safe access in case of fire or catastrophe.
2. Off-street parking and loading areas are designed to meet and exceed city regulations. The
parking lot and loading areas are property buffered with landscape as required by the City, and
their design respects the health, safety and welfare of the community. There is no negative impact
to the neighboring properties, or the city as a whole.
3. Refuse and service areas are properly designed to route trash pick up through the rear of Grove
Plaza, as intended by the original Grove Plaza Master Plan. The rear drive access essentially
routes service trucks away from the public automobile and pedestrian access ways, thus creating a
safe environment for the community at large.
4. UtiRties are located as required by the original master plan. Therefore, the proposed conditional
use has no adverse effect on the original utility plan provided by the original Master Plan.
5. Screening and buffering, including landscaping which exceeds the code requirements, has been
carefully worked out by our design professional in conjunction with City staff. Specific design
elements such as the entry arches have been provided to properly screen the building use from the
main arterial road. In addition, oversized landscape islands with generous landscaping have been
provided to further buffer the building sides.
6. Signs and proposed exterior lighting will match the requirements of the original Master Plan.
Therefore, the proposed conditional use will have no negative impact on the community. In fact the
subject properties signage and exterior lighting will be identical to that of a non-conditional use
project.
7. Provided side set backs exceed the city requirements. Further more, the provided setbacks allows
for generous landscaping and open spaces between the propose project and the neighboring
property, thus enhancing the overall character of the developmen~ and the health, safety and
welfare of the community
8. The proposed project has been designed to strictly follow the design criteria of the original Master
Plan. Therefore, the project is compatible with current and Mure surrounding structures and other
property in the zoning district.
. Page 2
April 18, 2005
9. The height of the proposed project is compatible with the adjacent buildings, therefore contributing
to the harmony of the Grove Plaza development and the City as a whole.
10. The proposed project will have a positive economic effect on the nearby properties. The proposed
use will not only compliment other service uses within Grove Plaza, but will contribute in attracting
customers to its neighbors. Overall, the proposed project will be a positive economic contribution to
the City as a whole.
11. The proposed project strictly conforms to all standards and requirements which apply to site plans,
as set forth in Chapter 4 of the City of Boynton Beach land Development Regulations.
12. The proposed project will fully comply with performance standards regarding abatement of
nuisances and hazards, Section 4 N of Chapter 2; and also to the City of Boynton Beach Noise
Control Ordinance, Chapter 15, and Section 15.8 of the Boynton Beach Code of Ordinances.
Respectfully Yours, --.(j
C- \ ;:(~ :=IC-
Francisco Perez-Azua, AJA
President
Perez Design Inc.
EXHIBIT "e"
Conditions of Approval
Project name: Grove Plaza Parcel D
File number: COUS 05-006
Reference: 2nd review plans identified as a Conditional Use with an April 26, 2005 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's 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, unless these fees have already been
deposited under the old building configuration.
2. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
3. Only one 2-inch service line tap is required to split to four I-inch meters. X
Please see Standard Detail W -11.
4. The Landscape Plans show pIantings on top of the meter water locations X
shown on the Civil Plans.
5. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
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.
7. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article IT, X
Section 5.H.), utilizing 20 foot sight triangle.
8. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
9. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
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.
11. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
12. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
13. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
14. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
15. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
DEPARTMENTS INCLUDE REJECT
b. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same as
noted on the Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
16. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
17. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
18. Sheet AI00 notes the building occupancy as "B", yet sheet A210 notes X
occupancy as "Retail". Clarify.
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
19. The Area Calculations on the Utilities Plan (Sheet 4 of 10) should be X
updated to reflect the revised calculations depicted on the Site Plan (A -
100).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
1. To be determined. '11 ,.." L
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel D\COUS 05-006\Coa.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
NOTICE OF PUBLIC HEARING
Mr. Lution Hill, agent for Grove Plaza 0, LLC, property owner, has requested the following project to be
considered for conditional use approval:
Legal Description:
PARCEL "0" GROVE PLAZA REPLAT ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
Proposed Use:
Request conditional use approval to allow conversion of approximately 3,500
square feet of an 11,973 square foot retail building in a C-3 zoning district to
minor automotive repair, on a 1.22 acre parcel,
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON MAY 24,2005 AT 6:30 P.M. AND THE CITY COMMISSION ON JUNE 21,
2005 AT 7:00 P.M. OR SOON THEREAFTER AS THE AGENDA PERMITS, CITY HALL COMMISSION
CHAMBERS, LOCATED AT 100 EAST BOYNTON BEACH BOULEVARD.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Patricia Tucker (561) 7 42~6268, at least twenty~four (24) hours prior to
the progfam or activity in order fOf the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
(561 742-6260)
DIVISION
PUBLISH: May 14, 2005
The Post
Copy to: City Commission, City Attorney, Mike Rumpf, Agenda File,
Legal Ads File, Original to Applicant File
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