Res 35-99RESOLUTION NO. 35-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA (~CITY"), PROVIDING THAT THE SITE PLAN FOR
THE PUBLIX SUPERMARKET (NO. 99-113-SPF-SPR) WAS APPROVED
BY THE CITY'S SITE PLAN REVIEW AND APPEARANCE BOARD ON
MAY 19, 1999, WITH CONDITIONS AS OUTLINED IN EXHIBIT ~A".
~E~EAS, the City Commission approved Resolution No. 28-99 on May
18, 1999, relating to the abandonment of certain alleys and street right-of-way
based upon site plan no. 99-113-SPF-SPR; and
I~7HE~EAS, as a condition of abandonment the Developer of the
property (Equity Partners Seven, Ltd.) was required to obtain site plan
approval for the project as per Resolution No. 28-99; and
~THERJEAS, on May 19, 1999, the Site Plan Review and Appearance Board
of the City of Delray Beach approved the Developer's site plan, with conditions
as provided for in Exhibit UA"; and
~$q-IER]~A$, pursuant to Resolution No. 28-99, the City provided that
upon approval of site plan no. 99-113-SPF-SPR the City would adopt a resolution
evidencing that approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA~ AS FOLLOWS:
Section 1. The Developer submitted site plan no. 99-113-SPF-SPR to
the City and the Site Plan Review and Appearance Board approved the site plan
with conditions (see Exhibit ~A" attached hereto and incorporated herein) on
May 19, 1999.
1999.
PASSED ANDAJ)OPTED in regular session on this the 1st day of June,
ATTEST:
l lTV OF I)ELR V BE £H
DELRAY BEACH
~lI-Amed~a C~
1993
100 N,W. 1st AVENUE
Mr. Barney Danzansky
Equity Ventures, Inc.
3696 North Federal Highway, Suite 200
Ft. Lauderdale, FL 33308
DELRAY BEACH, FLORIDA 33444 · 5611243-7000
May 25, 1999
RE: Publix Retail Center Class V Site Plan Application Project Approval Letter.
Dear Mr. Danzansky:
This letter is being provided to you as the designated agent for the above referenced
project. As you are aware, on May 19, 1999, the Site Plan Review and Appearance
Board took the following actions regarding the development proposal for the Publix
Retail Center:
Waivers:
1. Approved a waiver to LDR Section 4.6.9(D)(3)(a), to increase the maximum
driveway width from 24' to 35' at NE 6th Street;
2. Approved a waiver to LDR Section 4.6.9(D)(4)(d), to increase the maximum aisle
width within parking areas from 26' to 41' and 45'.
3. Approved a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required 50'
minimum stacking distance within parking areas with 51 or more parking spaces to
28' at NE
5th Avenue.
Site Plan:
Approved the Class V site plan modification based on positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(F)(5) (Finding of Compatibility) of
the Land Development Regulations and policies of the Comprehensive Plan subject to
the following conditions:
That three copies of the revised plans be submitted addressing all Technical
Items listed in the staff report.
THE EFFORT ALWAYS MATTERS
Exhibit "A"
Letter to Barney Danzansky
May 25, 1999
Page 2
That written verification is provided from Palm Beach County Traffic Division that
the proposed development complies with the Palm Beach County Traffic
Performance Standards.
That the site plan cannot be certified as approved until a text amendment is
adopted that reduces the setback requirements along Federal Highway to 10'; or
that the applicant shall submit and gain approval for a variance application to
reduce said setback; or shall revise the plans to meet the current setback
requirements.
That the applicant shall obtain ownership or development rights to the BellSouth
property prior to certification of the plans.
That the abandonment of the alley be approved prior to certification of the plan.
Furthermore, the applicant shall create a cross access easement along this 16'-
wide alley and 4' onto the subject property, and 12'-wide utility easement for the
2" water main west of Walgreen's.
That the 2" water main be replaced with a water main of suitable size to
accommodate the water supply needs, including fire suppression, of the site.
Furthermore, the applicant shall provide a 6'-wide easement along the eastern
property line for this water main.
That additional fire hydrants be located at the northwest corner and at the
entrance from NE 5th Avenue along with appropriate 8" main extensions and
interconrect to provide adequate fire flows.
That two paver-block crosswalks be provided at the parking tiers on the south
and west side of the grocery store.
That the dumpster enclosure doors and truck well doors match each other and
that the doors be a picture frame design and finished in a blue tint.
Landscape Plan:
Approve the landscape plan based on positive findings with respect to Section 4.6.16 of
the Land Development Regulations, subject to the following conditions:
1. Address all Landscape Technical Items and submit three (3) copies of the revised
plans.
2. That the perimeter landscape strip on the south side of the retail center have a
minimum inside dimension of 5'.
3. That five Alexander palms be planted on the east side of retail center.
Le. tter to Barney Danzansky
May 25, 1999
Page 3
4. That the foundation island on the south side of the retail center be extended 30'
around the east side of the building.
5. That three groups of Sable palms (three palms per group), three groups of Ligustrum
trees (three Ligustrum trees per group), Ixora Nora Grant, and Jasmin be planted on
the east side of the grocery store.
Elevations:
Approved the elevations based on positive findings with LDR Section 4.6.18, subject to
the following conditions of approval:
1. That the revised building elevations be submitted with the site plans.
2. That the east elevation of the retail center be revised to include the cross-hatch
pattern and move the downspouts interior to the building.
Next Steps
Three complete sets of all plans (folded and collated) must be revised to address the
conditions of approval mentioned above and submitted to the Planning and Zoning
Department. Once the revised site plans have been certified for compliance with these
conditions of approval, you will need to submit the building permit application to the
Community Improvement Department.
Please be advised that the site plan approval is valid for 18 months. This site plan
approval will expire on November 19, 2000. Prior to the expiration date of the site plan,
25 percent of the cost of all improvements associated with the approved development
must be constructed in order for this proposal to be considered established.
If you have any questions, please contact me at 243-7040.
Sincerely~ ~
Senior Planner
Enclosures
Cc:
Pat Monahan
Project file #99-113-SPF-SPR
Le. tter to Barney Danzansky
May 25, 1999
Page 3
4. That the foundation island on the south side of the retail center be extended 30'
around the east side of the building.
That three groups of Sable palms (three palms per group), three groups of Ligustrum
trees (three Ligustrum trees per group), Ixora Nora Grant, and Jasmin be planted on
the east side of the grocery store.
Elevations:
Approved the elevations based on positive findings with LDR Section 4.6.18, subject to
the following conditions of approval:
1. That the revised building elevations be submitted with the site plans.
2. That the east elevation of the retail center be revised to include the cross-hatch
pattern and move the downspouts interior to the building.
Next Steps
Three complete sets of all plans (folded and collated) must be revised to address the
conditions of approval mentioned above and submitted to the Planning and Zoning
Department. Once the revised site plans have been certified for compliance with these
conditions of approval, you will need to submit the building permit application to the
Community Improvement Department.
Please be advised that the site plan approval is valid for 18 months. This site plan
approval will expire on November 19, 2000. Prior to the expiration date of the site plan,
25 percent of the cost of all improvements associated with the approved development
must be constructed in order for this proposal to be considered established.
If you have any questions, please contact me at 243-7040.
Sincerely,~ ~-~
Senior Planner
Enclosures
Cc:
Pat Monahan
Project file #99-113-SPF-SPR
[lTV OF DELRflV BER[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE: May 26, 1999
TO: City Commission
FROM:
MEMORANDUM
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution Showing the Adoption of the Site Plan for Publix
On May 18, 1999, the Commission approved Resolution 28-99 providing for the
abandonment of certain alleys and a portion of N.E. 5th Street. The abandonment
resolution contained several conditions for the abandonment. One of the conditions
provided that Resolution 28-99 would not be recorded until the City approved site plan
no. 99-113 SPF-SPR (the publix site plan). The condition also provided that once the
site plan was approved, the City Commission would adopt a resolution showing the
approval of the site plan.
On May 19, 1999 the Site Plan Review and Appearance Board approved site plan no. 99-
113-SPF-SPR, with conditions. Therefore, the attached resolution provides that the site
plan, referenced in Resolution 28-99 has been approved by the City, with the conditions
listed in Exhibit "A" to the resolution.
By copy of this memo to David Harden, City Manager, our office requests that this item
be placed on the June 1, 1999 City Commission agenda.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Alison Harty, City Clerk
Jeff Costello, Principal Planner
RESOLUTION NO. 35-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA (~CITY"), PROVIDING THAT THE SITE PLAN FOR
THE PUBLIX SUPERMARKET (NO. 99-113-SPF-SPR) WAS APPROVED
BY THE CITY'S SITE PLAN REVIEW AND APPEARANCE BOARD ON
MAY 19, 1999, WITH CONDITIONS AS OUTLINED IN EXHIBIT WA".
~q-IER]EAS, the City Commission approved Resolution No. 28-99 on May
18, 1999, relating to the abandonment of certain alleys and street right-of-way
based upon site plan no. 99-113-SPF-SPR; and
~Y~/-IEREAS, as a condition of abandonment the Developer of the
property (Equity Partners Seven, Ltd.) was required to obtain site plan
approval for the project as per Resolution No. 28-99; and
~HER~S, on May 19, 1999, the Site Plan Review and Appearance Board
of the City of Delray Beach approved the Developer's site plan, with conditions
as provided for in Exhibit "A"; and
~VHERE~, pursuant to Resolution No. 28-99, the City provided that
upon approval of site plan no. 99-113-SPF-$PR the City would adopt a resolution
evidencing that approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Developer submitted site plan no. 99-113-SPF-SPR to
the City and the Site Plan Review and Appearance Board approved the site plan
with conditions (see Exhibit WA" attached hereto and incorporated herein) on
May 19, 1999.
PASSED ANDADOPTED in regular session on this the 1st day of June,
1999.
ATTEST:
MAYOR
City Clerk
[lTV OF DELRflV BEI:I[H
DELRAY BEACH
~.ll-lb~erica C~
1993
Mr. Barney Danzansky
Equity Ventures, Ino.
3696 North Federal Highway, Suite 200
Ft. Lauderdale, FL 33308
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
May 25, 1999
RE: Publix Retail Center Class V Site Plan Application Project Approval Letter.
Dear Mr. Danzansky:
This letter is being provided to you as the designated agent for the above referenced
project. As you are aware, on May 19, 1999, the Site Plan Review and Appearance
Board took the following actions regarding the development proposal for the Publix
Retail Center:
Waivers:
1. Approved a waiver to LDR Section 4.6.9(D)(3)(a), to increase the maximum
driveway width from 24' to 35' at NE 6th Street;
2. Approved a waiver to LDR Section 4.6.9(D)(4)(d), to increase the maximum aisle
width within parking areas from 26' to 41' and 45'.
3. Approved a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required 50'
minimum stacking distance within parking areas with 51 or more parking spaces to
28' at NE 5th Avenue.
Site Plan:
Approved the Class V site plan modification based on positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(F)(5) (Finding of Compatibility) of
the Land Development Regulations and policies of the Comprehensive Plan subject to
the following conditions:
That three copies of the revised plans be submitted addressing all Technical
Items listed in the staff report.
Exhibit 'A"
THE EFFORT ALWAYS MATTERS
Letter to Barney Danzansky
May 25, 1999
Page 2 --
2. That written verification is provided from Palm Beach County Traffic Division that
the proposed development complies with the Palm Beach County Traffic
Performance Standards.
That the site plan cannot be certified as approved until a text amendment is
adopted that reduces the setback requirements along Federal Highway to 10'; or
that the applicant shall submit and gain approval for a variance application to
reduce said setback; or shall revise the plans to meet the current setback
requirements.
That the applicant shall obtain ownership or development rights to the BellSouth
property prior to certification of the plans.
That the abandonment of the alley be approved prior to certification of the plan.
Furthermore, the applicant shall create a cross access easement along this 16'-
wide alley and 4' onto the subject property, and 12'-wide utility easement for the
2" water main west of Walgreen's.
That the 2" water main be replaced with a water main of suitable size to
accommodate the water supply needs, including fire suppression, of the site.
Furthermore, the applicant shall provide a 6'-wide easement along the eastern
property line for this water main.
That additional fire hydrants be located at the northwest corner and at the
entrance from NE 5th Avenue along with appropriate 8" main extensions and
interconnect to provide adequate fire flows.
That two paver-block crosswalks be provided at the parking tiers on the south
and west side of the grocery store.
That the dumpster enclosure doors and truck well doors match each other and
that the doors be a picture frame design and finished in a blue tint.
Landscape Plan:
Approve the landscape plan based on positive findings with respect to Section 4.6.16 of
the Land Development Regulations, subject to the following conditions:
1. Address all Landscape Technical Items and submit three (3) copies of the revised
plans.
2. That the perimeter landscape strip on the south side of the retail center have a
minimum inside dimension of 5'.
3. That five Alexander palms be planted on the east side of retail center,
Letter to Barney Danzansky
May 25, 1999
Page 3
4. That the foundation island on the south side of the retail center be extended 30'
around the east side of the building.
5. That three groups of Sable palms (three palms per group), three groups of Ligustrum
trees (three Ligustrum trees per group), Ixora Nora Grant, and Jasmin be planted on
the east side of the grocery store.
Elevations:
Approved the elevations based on positive findings with LDR Section 4.6.18, subject to
the following conditions of approval:
1. That the revised building elevations be submitted with the site plans.
2. That the east elevation of the retail center be revised to include the cross-hatch
pattern and move the downspouts interior to the building.
Next Steps
Three complete sets of all plans (folded and collated) must be revised to address the
conditions of approval mentioned above and submitted to the Planning and Zoning
Department. Once the revised site plans have been certified for compliance with these
conditions of approval, you will need to submit the building permit application to the
Community Improvement Department.
Please be advised that the site plan approval is valid for 18 months. This site plan
approval will expire on November 19, 2000. Prior to the expiration date of the site plan,
25 percent of the cost of all improvements associated with the approved development
must be constructed in order for this proposal to be considered established.
If you have any questions, please contact me at 243-7040.
Sincere/I,y,~ ~
Senior Planner
Enclosures
Cc:
Pat Monahan
Project file #99-113-SPF-SPR