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AGENDA DOCUMENTS 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon,) IZl February 1, 2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) D February 15,2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March I, 2005 February 14, 2005 (Noon) D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 February 28,2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM IZl Public Hearing D Legal D Bids D Unftnished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the February 1, 2005 City Commission Agenda under Public Hearing. The Planning and Development Board reviewed the request on January 25, 2005 and recommends that it be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 05-004, EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Grove Plaza Parcel C (CODS 05-002) Lution Hill Grove Plaza C, LLC 3940 Hypoluxo Road . Request conditional use/new site plan approval for a 6,832 square foot minor automotive repair facility on a O,823-acre parcel, in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Deve partment . ector City Manager's Signature /tv.!) -7___ /--- Planning andZo~ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS 05-002\Agenda Item Request Grove Plaza Parcel C COUS 05-002 2-1- 05,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-004 TO: Chair and Members Planning & Development Board Michael Rum~~ Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: FROM: DATE: January 6, 2005 PROJECT: Grove Plaza Parcel "Cft / COUS 05-002 REQUEST: Conditional Use / New Site Plan approval for a 6,832 square foot minor automotive repair facility PROJECT DESCRIPTION Property Owner: Grove Plaza C, LLC Applicant: Mr. Jason S. Mankoff, Weiner & Aronson, P.A. Agent: Mr. Lution Hill Location: 3940 Hypoluxo Road (see Exhibit "Aft - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 6,832 square foot minor automotive repair facility Acreage: 0.823-acres Adjacent Uses: North: Right-of-way for Hypoluxo Road, then farther north is Santaluces High School with an Institutional (I) land use designation (unincorporated Palm Beach County) and zoned Public Ownership (PO); South: Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther south is developed residential with a Medium Density Residential (MR-5) land use designation (unincorporated Palm Beach County) and zoned Agricultural Residential (AR); Grove Plaza Parcel "Cn . COUS 05-002 Page 2 Memorandum No. PZ 05-004 East: Ingress/Egress drive for Grove Plaza, and farther east Parcel "D" of Grove Plaza approved for the construction of an 11,972 square foot retail building with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Parcel "B" of Grove Plaza designated for a 3,800 square foot retail building with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). West: BACKGROUND Mr. Lution Hill, agent, is seeking conditional use / new site plan approval for a 6,832 square foot minor automobile repair facility on Parcel "C" of Grove Plaza. According to Palm Beach County Traffic Engineering in a letter dated November 15, 2004, the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no building permits may be issued after the build-out date (2006). Automotive repair is a conditional use in the C-3 zoning district, in order to provide staff a closer look at the site design, operational characteristics and potential impacts on surrounding properties. Minor automobile repairs, as defined in city code, are limited to engine tune-ups, carburetor repairs, wheel balancing and replacement and/or repair of external engine parts. If approved, the construction of the building and related site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the site plan, there are three (3) proposed points of ingress/egress to Parcel "C~ none of which are directly on Hypoluxo Road. the first point of ingress/egress is located on one of the north/south circulation roads within Grove Plaza, at the northeast comer of the property. the second and third access points are at the rear (south) end of the parce~ off of the east/west internal circulation road. A future connection is indicated on the site plan at the northwest comer of the property, to provide cross-access between this parcel and Parcel ''8'; when developed. All of these Grove Plaza Parcel "C" - COUS 05-002 Page 3 Memorandum No, PZ 05-004 driveway widths appear to meet code requirements. T77ese access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment and circulation is designed completely around the proposed building. With no direct driveway connection being made to Hypoluxo Road, this development should have minimal negative impacts on this County roadway. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Automotive repair facilities require one (1) parking space per 250 square feet of gross floor area. Based on the proposed 6,832 square foot building, the project would require 28 parking spaces. T77e proposed site plan (Sheet A1 00) shows the provision of 33 parking spaces, plus a loading space. Two (2) of the spaces are designated for handicap use, located closest to the building's front entrance. T77e loading space is located at the rear (south) of the building, approximately 70 feet from the south property line of the Grove Plaza development, with a 20-foot landscape buffer and masonry wall at the south perimeter. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. T77e site plan (Sheet A100) shows that the dumpster location is in accordance with previous site plans approved on other parcels within Grove Plaza and is situated a minimum of 50 feet from the south property line of the Grove Plaza development T77e dumpster would be screened with enclosure walls and landscape, in accordance with Chapter .9, Section 10. C.3 of the Land Development Regulations. T77e dumpster location is positioned in such a way as to facilitate the efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. T77e proposed pervious area of the parcel equals 7,461 square feet or 19% of the total site. T77e landscape plan (Sheet L1) indicates that approximately 60% of the trees, 76% of the shrubs and 76% of the groundcover would be native. Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along Hypoluxo Road would be 15 feet in width, bermed, and contain live Oak and C/usia trees and a row of Redtip Cocoplum hedges. Additionally the north buffer would include Bougainvillea trees, fire bush and purple lantana. T77e installation and creation of the berm along the north buffer would be overseen by the City Forester/Environmentalist. T77e west (side) landscape buffer would typically be 4.5 feet in width, with certain areas expanded to 14.5 feet, and containing Pigeon Plum and Silver Buttonwood trees, Montgomery palms and a row of Redtip Cocoplum hedges. T77e width of the south (rear) landscape buffer would be between 18 and 25 feet in width and would contain live Oak trees, a Foxtail palm and Redtip Cocoplum hedges. T77e south buffer is penetrated by two (2) points of ingress/egress, which lessens the buffer. However there remains the 20-foot landscape buffer along Grove Plaza Parcel "c" - COUS 05-002 Page 4 Memorandum No, PZ 05-004 the south boundary (rear) of the master plan, which also contains a masonry wall for buffering purposes. Finally, the width of the east (side) landscape buffer would be 7 feet wide, with certain areas expanded to 26 feet, and would contain Pigeon Plum and Gumbo Limbo trees, Montgomery palms and Redtip Cocoplum hedges. The plant material chosen for this site is consistent with that selected and approved on the other parcels within the master plan. Staff recommends that the applicant consider replacing the Montgomery palms along the east and west landscape buffers with green and silver buttonwood trees to provide an even denser screening of the garage bays (see Exhibit "c" - Conditions of Approval). The developer has designed the building so that the garage bays are oriented in an east/west direction, in order that the internal operations of the business are somewhat screened from motorists driving on Hypoluxo Road. Also, to further assist with the screening of the garage bays, the developer has proposed, along the north side of the building, decorative arches over the drive aisles, including massive columns with decorative landscaping material, such as Christmas palms along with a variety of shrubs (see Sheets A21D, A300 & L1). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed monument sign is in accordance with the Grove Plaza Design Guidelines for height (8.5 feet maximum) and design characteristics and will be painted to match the building colors (colors on the approved list within the Design Guidelines). The wall signage is within code allowances and is black and white, so as not to contrast with the building colors. The lighting levels are adequate and should not create a disturbance to the surrounding commercial activities or neighboring residential properties. 7. Required setbacks and other open spaces. The proposed building would meet all setback requirements of the C- 3 zoning district and conforms to the Grove Plaza Master Plan. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the commercial uses within Grove Plaza (AutoZone Auto Parts, Motor City Carwash and the 7-11 Convenience Store/Gasoline Station and the C-3 zoning district. There would be minimal on-site impact and no adverse effects should occur from the proposed use. With approximately 85 feet from the rear of the building to the nearest residential property, the 20 foot landscape buffer and masonry wall at the perimeter of the Grove Plaza development and the fact that the garage bays do not face any residential property, staff believes the project to be generally compatible. The project was reviewed in part, according to the standards as identified in the Grove Plaza Design Guidelines (1998). The proposed design is compatible with the surrounding built environment and would generally enhance the overall appearance of the commercial plaza. The general design of the building (Spanish Mission) utilizes many of the same type of building elements as the Motor City Carwash (parapet details and decorative moldings). The principle building and trim colors (earth tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The main body Grove Plaza Parcel "C" - COUS 05-002 Page 5 Memorandum No. PZ 05-004 portion of the exterior wall area would be painted a cream color (ShelWin Williams - Devon Cream #2447). The entry detail wall area would be painted a tan color (ShelWin Williams - Terrain Tan #2177). The accent moldings and pre-finished cornice proposed at top of the parapet walls would be brown (ShelWin Williams - Briar Patch #2182). The storefront moldings are proposed to be a rustic red (ShelWin Williams - Red Barn #2307). These colors would be compatible with the Motor City CalWash and Auto Zone colors on adjacent lots (tan, medium brown, and cream). 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the C-3 zoning district is 45 feet. The building was designed as a one (1)-story structure, approximately 21 feet in height to the top of the highest parapet. The building would not exceed the district's maximum height limitations and would be compatible in comparison with the neighboring commercial and residential properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, "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. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach and would thus be in conformance with the City's performance standards. RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "c" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECTS\Grove Plaza ParcellC" COUS\Staff Report.doc . ~ . :;;? r".' '.":'" 1,.,,/, . , . ~'; \ J j : , 110. = 313.0 feet COUNTY PO I II ,1 , , II I r -J' 1 ~ !--.- . . Uft'_" ...,,^..~ t1 II _ _(),RiD ...1..",_";':"'".".;,,""""'" :......,..1\ l ,..,,",,: hO", LAWRENCE, RD ------- n .~ t" .." ,.~ ~'I::';:',::",..j.. '.~ ,,", . 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I:i Z G) 'tl ~ Z % -< 'tl 0 ,... C >< ~ 0 '" 0 0 ~ )0 . C Z ~ III i~ m liP ~5 ~ o Z 'tl s: Z :,~ :: ill i1i!! ! ... C!l1I. . I . II ~ I ' I tl { >! , , !~ :,~. N j !i.I1' · - ... . J 1 !, Ui _ 8iii m M ~ 11 jji~;~ iD uu ft _1m I 'flUng ," fl 'l'lll I" '" I ,... I lh, ~I ~ ~f ... !~I ~. " "'! ! . G~OVE ~ \' . LAN'?SCAPEPLAN~=~""" HYPOLUXO ROAD . FOR. .... ,=.:=._ BOYNTON BEACH, FL. PARCEL 'c' . . ... . ~~ ,..~--- ~ If 11 h if U ill Ef ta II jl ;( ~I l~ If $& >, Ii j~ U !r'r P' ,11 : f 1- I~ i I ~ ~ ... ... ! ; I )Ii . II ; j I i M m .if ~ ~ ~ GROVE PLAZA 0 ELEVATION SKETCH<i)-=~'1nc HYPOWXO ROAD FOR =-==-_ ~YNTON BEACH, FL PARCEL 'C' ; ::~~--. EXHi-BIT B II i 111 ~ EXHIBIT "e" Conditions of Approval Project name: Grove Plaza Parcel C File number: COUS 05-002 Reference: 2nd review plans identified as a Conditional Use with a December 14,2004 Planning & Zoning date stamp marking. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the time line should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter, This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 2. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12), 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g,p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)), 4. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand, 5. 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. 6, 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. Conditions of Approval 2 DEPARTMENTS INCLUDE ... 7. The Utility plan depicts a sewer lateral being placed beneath a tire storage X area. This configuration is not recommended. 8. 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 ENGINEERING DIVISION Comments: 9. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 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. 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, 12. Maximum runoff distance over impervious surfaces before diversion to X percolation areas is fifty (50) feet (LDR, Chapter 6, Article IV, Section 5.B.2.a.) 13, 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: 14. 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. DEPARTMENTS INCLUDE REJECT 15. 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 of 2001 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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction, 17. 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. 18, 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. 19. 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. b. 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) 20, 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. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 21. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12' -14' to meet the 3" caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 22. The landscape design should include 2 City signature trees (Tibochina X granulosa) at each of the project ingress/egress location. These trees must meet the minimum tree specifications. [Environnemental. Regulations, Chapter. 7.5, Article II Sec. S.C.3, N.] Conditions of Approval 4 DEP ARTMENTS INCLUDE REJECT 23. The elevation (height) of the vehicles and the raised berm area in X relationship to each other should be shown on the detail plan. Irri2ation Plan 24. There is no irrigation system design included with the site plans. The X irrigation design should be micro-irrigation for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec, 5A.] 25, Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation, Environmental Regulations, Chapter 7.5, Article II Sec. 5. C,2.] 26. All trees on the site should receive irrigation from a separate bubbler. X [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 27. The landscape buffer along Hypoluxo Road shall contain a combination of X colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row or in clusters spaced no greater than twenty (20) feet apart, beginning at the project entrance. The focus of this landscape material will be to create an aesthetically pleasing buffer from Hypoluxo Road. 28. Repeat the planting of the variegated arbricola depicted in front of the X storefront windows at the base of the large columns of the arches. Additionally, the planting scheme currently depicted around the western column should be mirrored at the eastern column. 29. Owner to arrange for timely pick-up of used tires to ensure tires are not seen X above the masonry enclosure or that they are not stacked outside said enclosure, Additionally, outdoor storage or accumulation of auto parts and/or inoperable vehicles will be prohibited. 30. The proposed bollards shall be decorative in nature, as the B-3 model X submitted for review. 31. Staff recommends the applicant consider elimination of the Montgomery X palms and replace them with groupings of green and silver buttonwoods at varying heights (7-12 feet) along the east and west landscape buffers, to provide greater screening of the activity within the garage bays. 32. The billboard (or remains thereof) must be removed prior to the issuance of X the first permit for the project. DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT CONDITIONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. " S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS 05-002\COA,doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must 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 CODV of agenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates o December 7,2004 o December 21, 2004 o Janua 4 2005 o Janua 18 2005 IZI Februa 1 2005 o Februa 15 2005 o March 1, 2005 o March 15, 2005 Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached IZI All exhibits are attached & marked e. ., Exhibit "A' IZI Department Head's initials:\\. ~ Grove Plaza Parcel C (COUS 05-002) Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: City Manager's signature D Person contacted to pick up rejected request by on (Date) bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Dec 7 - March 15, 2005.doc .. WEINER & ARONSON, P .A. ATTORNEYS AT LAW The Clark House 102 North SWinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@Zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAIFER OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) January 14, 2005 Hand Delivery Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Grove Plaza-Parcel C Our File No.: KMAI008 Dear Michael: Enclosed please find the Affidavit signed by our client in connection with our Conditional Use and Site Plan Applications. A copy of the map is enclosed. All mailing notices have been mailed out and the appropriate signs have been posted on the property. ason S. Mankoff JSM:jfh Enclosure Cc: Michael S. Weiner, Esquire (with enclosure) Mr. Jose Herrera (with enclosure) Mr. Lution Hill (with enclosure) O:\KMAI008\Letter Rumpfl.l O.OS.doc 1/1'1/0<' r I/I'f(f)~ IJ-, ///'1 M r AFFIDAVIT RE: Grove Plaza (Parcel C) Conditional Use and Site Plan Lution Hill, the undersigned does certify that to the best of my knowledge the attached list of envelopes with mailing labels and 400' radius map are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The mailing notification was postmarked on January 10, 2005, at least ten(lO) days in advance of the first public hearing. A copy of what was sent to each recipient is attached as Exhibit "A." A list of recipients is attached as Exhibit "BOO. Site signs were posted on the premises on January K, 2005 in accordance with City Ordinance 04-007. Attached as Exhibit "COO are photographs of the signs showing their placement on the property. I ~~ STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to (or affIrmed) and subscribed before me on this ~y of J;V/t/iJ') , 2005, by Lution Hill. My Commission EVP'''i' Personally Known]Z'OR Produced Identification_ Type of Identification Produced Print, Type, or Stamp Commissioned Name of Notary Public !~'1,.\~9 .....".", JASON MANKOFF t ,- ~"f --. State ' - 'da ~~., -... Notary Public - r ,n ~ :. My Commis&i:ln EJpies :>006 \~,/,,,",;.J Commilllion" 1 .~c-., R-,' ''''J By Natio~ ;,rl, 'UIIH-\ . c./-...,,-..r~ WEINER & ARONSON, P .A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@Zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAIFER OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In Taxation) January 14, 2005 Hand Delivery Mr. Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Grove Plaza-Parcel C Our File No.: KMAI008 Dear Michael: Enclosed please find the Affidavit signed by our client in connection with our Conditional Use and Site Plan Applications. A copy of the map is enclosed. All mailing notices have been mailed out and the appropriate signs have been posted on the property. ason S. Mankoff JSM:jfh Enclosure Cc: Michael S. Weiner, Esquire (with enclosure) Mr. Jose Herrera (with enclosure) Mr. Lution Hill (with enclosure) O:\KMAI008\Letter Rumpfl.l0.05.doc (><h(;~l f (( 1/ \, NOTICE OF PUBLIC HEARING Weiner and Aronson, agent for Grove Plaza C, LLC, applicant/owner, has requested the following parcel to be considered for a Conditional Use and New Site Plan approval. Legal Description: Please See Exhibit "A". Proposed Use: Tire Choice A PUBLIC HEARING TO CONSIDER THE REQUEST IS SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD ON TUESDAY, JANUARY 25,2005 AT 6:30 PM.. THE CITY COMMISSION WILL ALSO CONSIDER THE REQUEST ON TUESDAY, FEBRUARY 1, 2005 AT 6:30 PM AT THE CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA OR AS SOON THEREAFTER AS THE AGENDA PERMITS. 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. 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"U a '0 <1l q )> '0 '0 <il en' ~ Gl en :... 0> en en )> :> r- .- m m "U0:I0"Ut5 -oo:lo"Ut5 "U )>0:>;0-1 :>0)>;0-1 Q) GlO-lo, GlO-lo, & r:n?,r:'1r:n ,:"?,r:nm ~~~~~ .- to.....woo ![ ~~g CT '< 00 "U 0 Q) & mZi!"US: mZ-I"US: (') X)>XC-l ~~~~-I 0 0~0~0 '60m0 ::> oCi5cb oOON [ ~-I.j:o. ~-I"" Z ::I: 60 ~gg c: :>",0 3 O<s:> O<s:> CT - '" - 00 ~ ~w ~,w ::I: ::I: )> :> s: s: "0 "0 0 0 ..., ..., " " -IGl "0 "UGl ;0;0 0 )>;0 GlO <-> ;00 0 < 0 m< m m ;0 "U "U Q) > > c. E' ~ ~ ~ c:> ;0 ;0 m m .j:o. "U "U r- .- 0 0 "U Q) (Q <1l <-> o "TI <-> 10TICE OF PUBLIC HEARING Mr. Lution Hill, agent for Grove Plaza C, LLC, property owner, has requested Conditional Use / New Site Plan approval, as follows: Request: Request Conditional Use / New Site Plan approval to allow development of a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel. Location: 3940 Hypoluxo Road, approximately 450 feet east of Lawrence Road on the south side of Hypoluxo Road. Legal: PARCEL "C" GROVE PLAZA REPLAT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 86, @ PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION ON TUESDAY, JANUARY 25, 2005, AT 6:30 P.M. AND THE CITY COMMISSION ON TUESDAY, FEBRUARY 1, 2005, AT 6:30 P.M. IN THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA. 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 date. 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) 742- 6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 ~t>TICE TO APPLICANTS REZONING LAND USE AMENDMENT CONDITIONAL USE VARIANCE MASTER PLAN SITE PLAN MAJOR SITE PLAN MODIFICAITONS ADMINISTRATIVE APPEALS RELIEF FROM REQUIREMENTS OF THE SIGN CODE Per City Of Boynton Beach Ordinance 04-007 No quasi-judicial proceeding shall proceed until proof of notice ofthe proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: 1) All property owners, homeowner associations, and condominium associations that own property within four hundred (400) feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than ten (10) calendar days prior to the hearing. 2) One (1) sign for each street frontage of the property shall be posted no less than ten (10) days prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Please also note that 3) When a quasi-judicial hearing is tabled or continued at the request of an applicant, re-notice of the hearing shall be provided by the applicant in the same manner as original notice. CONTACT:PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida Phone: (561) 355-2881 FAX: (561) 355-3881 Revised 7/12/04 Typical DimensionsINot to Scale Sign shall be legible from a distance of 1 00 feet. PUBLIC HEARING NOTICE Date: Time: Type of Application(s): ~ Proposed Use(s): QC .... Location: City Conunission Chambers, City Hall 100 East Boynton Beach Blvd. Information: Department of Development (561) 742-6265 24" AFFIDA VIT RE: Property/Project Name & File # - I/We, the undersigned do certify that to the best of my knowledge the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notification was postmarked hearing. days in advance of the public Site signs were posted on the premises 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached are photographs of the signs showing their placement on the property. Sincerely, Notary Public, State of Florida S:IPlanninglPlanning TemplateslP&Z letters and memoslAFFIDA VIT.doc FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: Lv T7 t/7V fh u.. FAX: / -.xl - q?B - S3~o FROM: Q~ DA TE: / - 3 - tJ 5 NUMBER OF PAGES: (including cover) 5 RE: ~(2 ~ ~ lIe II LI/77 07lJ J ~ IHU ~ iJ&W ~(/LA-T1r:MJS Ft:>f2.. NOT7 nU17 67J &F fifMU JJ-t;s A-1() /) ~ J'2&S;?M$I ~/ u 17 ~ ~SoC/I1-fU:> ~W/~. :I- thtU€ ktSo A-~ ,If ~ Nfflct fO/I.; ~ /4aI16}V. / ~ .:ku- thtU e A:7U::f &Uk511tlfVS PCBr:$~ (;/vG ~ A- ~. I ~~ /6 If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 01/01/2002 04:35 PLANNING 5517425259 BROL3J875851 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/01 04:34 91551998535098558 00:01:13 05 OK STANDARD ECM DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-296 FROM: Janet Prainito City Clerk M&e- Michael W. Rumpf Planning and Zoning Director TO: DATE: December 29, 2004 SUBJECT: Grove Plaza Parcel "C" COUS 05-002 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $1,000.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. This request is scheduled for the January 25, 2005 Planning and Development Board meeting and the February 1, 2005 City Commission meeting. Please advertise in the newspaper as normal. MWR:eb Attachments S:IPlanningISHAREDlWPIPROJECTSIGrovePlaza Parcel CILEGAL NOTICE.doc ~ ... REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Development Department. Plannino and Zonino Division PREPARED BY: Michael W. Rumpf DATE PREPARED: December 29. 2004 DESCRIPTION OF NOTICE OR AD: Conditional Usel New Site Plan Approval to allow development of a 6.832 square foot minor automotive repair facility on a 0.823-acre parcel in the C-3 zonino district. January 25. 2005 - Plannino & Development Board meetino and February 1. 2005 - City Commission meetino. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline. Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: Applicant and the Plan nino and Zonino Director. NEWSPAPER (S) TO PUBLISH: The Post DATE (S) TO BE PUBLISHED January 15. 2005 LAST DATE TO FAX TO THE PAPER BY 3:00 P.M.: January 11. 2005 APPROVED BY: /v< ~ ;2{ .or (Date) I J- -,)9-OY (Date) RECEIVED BY CITY CLERK: COMPLETED: .. NOTICE OF PUBLIC HEARING Mr. Lution Hill, agent for Grove Plaza C, LLC, property owner, has requested the following project to be considered for conditional use I new site plan approval in order to allow development of a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel in the C-3 zoning district. Legal Description: PARCEL "C" GROVE PLAZA REPLAT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 86, @ PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Proposed Use: Request conditional use I new site plan approval to allow development of a 6,832 square foot minor automotive repair facility. PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD ON JANUARY 25, 2005 AT 6:30 P.M. IN THE CITY HALL COMMISSION CHAMBERS AND BEFORE THE CITY COMMISSION ON FEBRUARY 1, 2005 AT 6:30 P.M. OR SOON THEREAFTER AS THE AGENDA PERMITS, ALSO HELD IN THE 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) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING (561 742-6260) DIVISION PUBLISH: January 15, 2005 The Post Copy to: City Commission, City Attorney, Mike Rumpf, Agenda File, Legal Ads File, Original to Applicant's Folder ~ , ~,. S:\Planning\SHARED\WP\PROJECTS\Grove Plaza Parcel C\LEGAL NOTICE.doc