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Planning and Zoning Board Meeting

Regular Meeting

Loxahatchee Groves, FL · March 3, 2022

AgendaPacketMinutes

Minutes

Docusign Envelope ID: 31D8E773-9A18-418C-8A8A-D5950B86CB47 TOWN OF LOXAHATCHEE GROVES PLANNING AND ZONING BOARD MEETING MARCH 3, 2022 CALL TO ORDER Vice-Chairman Bell called the meeting to order at 6:00 PM (estimated time). ROLL CALL Present: Vice Chair Bell, Mr. Raflowitz, Mr. O’Neal, Town Manager Mr. Titcomb, Town Planning Consultant Mr. Fleishman. Absent: Board Members Mr. Ford and Mr. Otero APPROVAL OF AGENDA Motion was made by Vice-Chairman Bell to approve the Agenda, duly seconded. The motion passed unanimously. PUBLIC COMMENTS None. REGULAR AGENDA 1. Proposed Amendment to Wawa/Autozone/Aldi Site Plan (FKA Wawa/Chase/Aldi) – Pod A of Groves Town Center MLUPUD and Discussion Mr. Fleishman, provided an overview of the proposed site plan amendment of Pod A of the 90 acre Groves Town Center. The proposed Amendment of Pod A, retains the Wawa and Aldi and changes Chase Bank to an Autozone auto parts store. Attorney Matt presented for the applicant, BW Southern Binks LLC, providing a slide presentation to the Board. He emphasized that the applicant was seeking small changes to the approved site plan for a different user and different look of building. Motion made and seconded to approve Agenda Item 1 site plan amendment to Wawa/Aldi/Autozone site, conditional to staff recommendations. The motion passed unanimously. PUBLIC COMMENTS None. Docusign Envelope ID: 31D8E773-9A18-418C-8A8A-D5950B86CB47 Town of Loxahatchee Groves March 3, 2022 Planning and Zoning Board Meeting Minutes Page No. 2 COMMITTEE MEMBER COMMENTS None. SET NEXT MEETING DATE No date set for next meeting. ADJOURN PLANNING AND ZONING BOARD There being no further business the meeting was adjourned at 6:30 PM (estimated time). TOWN OF LOXAHATCHEE GROVES, FLORIDA ATTEST: _____________________________ _____________________________ Town Clerk Chairperson Prepared by: I. Revelas, Prototype, Inc.

Agenda

TOWN OF LOXAHATCHEE GROVES TOWN HALL CHAMBERS PLANNING AND ZONING BOARD MEETING AGENDA March 3, 2022 – 6:00 P.M. PZB MEMBERS William Ford (Seat 1) - Chair Brett Raflowitz (Seat 2) Matthew Otero (Seat 3) Neil O’Neal III (Seat 4) William Bell (Seat 5) – Vice Chair Laura Cacioppo (Alt.) Administration Town Manager Jamie Titcomb Town’s Planning Consultant, Jim Fleishmann Town Clerk, Lakisha Q. Burch Civility: Being "civil" is not a restraint on the First Amendment right to speak out, but it is more than just being polite. Civility is stating your opinions and beliefs, without degrading someone else in the process. Civility requires a person to respect other people's opinions and beliefs even if he or she strongly disagrees. It is finding a common ground for dialogue with others. It is being patient, graceful, and having a strong character. That's why we say "Character Counts" in Town of Loxahatchee. Civility is practiced at all Town meetings. Special Needs: In accordance with the provisions of the American with Disabilities Act (ADA), persons in need of a special accommodation to participate in this proceeding shall within three business days prior to any proceeding, contact the Town Clerk’s Office, 155 F Road, Loxahatchee Groves, Florida, (561) 793-2418. The Planning & Zoning Board meets on the 2nd or 3rd Thursday of each month subject to the filing of applications. It also acts as the Local Planning Agency (LPA). OPENING 1. Call to Order & Roll Call 2. Approval of Agenda 3. Public Comments Town of Loxahatchee Groves March 3, 2022 PZB Meeting Page No.2 REGULAR AGENDA 1. Wawa/Autozone/Aldi Site Plan (FKA Wawa/Chase/Aldi)Amendment – Pod A of Groves Town Center MLUPUD 2. Public Comments COMMITTEE MEMBER COMMENTS SET NEXT MEETING DATE (Tentative – April 22, 2022) ADJOURN PLANNING AND ZONING BOARD TOWN OF LOXAHATCHEE GROVES PLANNING AND ZONING BOARD (PZB) March 3, 2022 AGENDA ITEM STAFF SUMMARY: Site Plan Amendment Review ASPA 2021-0506 Wawa/Autozone/Aldi at Groves Town Center I. Site and Applicant Information Current Project Wawa/Chase/ALDI @ Groves Town Center Name Proposed Project Wawa/Autozone/ALDI @ Groves Town Center Name Project No. Administrative Site Plan Amendment ASPA 2021-0506 Agent Beth Schrantz Director of Planning Services at Dunay, Miskel & Backman, LLP Applicant BW Southern Binks LLC: Contact – Sergio Martinez Owner . BW Southern Binks LLC; Loxahatchee Equestrian Partners; Joan Hemmingway, LLC Parcel Control No. 41-41-43-31-12-001-0000; 41-41-43-31-12-012-0030;portion of 41-41-43-31- 12-002-0020; 41-41-43-31-12-018-0000; 41-41-43-31-12-012-0041; and a portion of 41-41-43-31-12-012-0010; 41-41-43-31-12-001-0030 Location Northeast corner of Southern Boulevard and “B” Road Proposed Site Plan includes the “Onsite Development Area” consisting of the Size (Acreage) 5.30 acre Wawa/Autozone/ALDI Site Area; 0.38 acre storm pond; 0.1.01 acre ring road impervious area; and the 1.40 acre road swale/green space pervious area. A total Site Plan area (Onsite Development Area) of 8.09 acres. Zoning Multiple Land Use Planned Unit Development (MLU/PUD) Future Land Use Multiple Land Use Site Area Existing Aldi Grocery. – 2.63 acres. The balance of the 8.09 acre Onsite Development Use Site Area consists of approved commercial space and developed and developing infrastructure areas. Site Area Wawa Gas/Convenience – 6,119 sq. ft.; Chase Bank – 3,470 sq. ft.; and Aldi Approved Use Grocery – 21,730 sq. ft. Total of 31,319 sq, ft, of commercial space Site Area Wawa Gas/Convenience – 6,119 sq. ft.; Autozone – 7,381 sq. ft.; and Aldi Proposed Use Grocery – 21,730 sq. ft. Total of 35,230 sq, ft, of commercial uses and 2.79 acres of infrastructure (drainage pond, buffer and driveways)... II. Site Area Adjacent Properties (Refer to Exhibit 1) LAND USE NORTH SOUTH EAST WEST Groves Town Center Southern Groves Town Center – “B” Road followed by EXISTING Avacado Avenue Blvd. followed Coconut Way followed Loxahatchee Groves USE (part) and Vacant by C-51 by vacant Commons shopping (part) Canal plaza APPROVED Avocado Avenue , Southern Coconut Way followed “B” Road followed by USE pond and Pod C Boulevard by Southern Palms 95,000 sq. ft. Groves (Commercial) Carwash Town Center shopping plaza. FUTURE Multiple Land Use Multiple Land Use Commercial Low LAND USE N/A (MLU) Wawa/Autozone/ALDI at Groves Town Center 1 Site Plan Amendment Application ASPA 2021-0506 February 2022 Multiple Land Use N/A – Multiple Land Use Commercial Low Planned Unit Southern Planned Unit Planned Unit ZONING Development Boulevard Development Development CL/PUD) (MLU/PUD) (MLU/PUD) III. Submitted Support Documents ITEM CONTENT The Wawa/Chase/Aldi Site Plan was initially approved by Town Resolution 2018-83 and subsequently amended by Administrative Site Plan Amendment SPA 20-02 (July 2, 2020), The currently approved tenant mix is as follows: Wawa – 6,119 sq. ft.; Chase – Bank – 3,470 sq. ft.; and Aldi Grocery – 21.730 sq. ft. Total project of 31,319 sq. ft. ASPA 2021-0506 proposes to revise the tenant mix as follows: Wawa – 6,119 sq. ft.; Autozone – 7,381 sq. ft.; and Aldi – 21,730 sq. ft. Total project of 35,230 sq. ft.; an increase of 3,911 sq. ft. Justification Statement The revision is essentially replacement of the Chase Bank with Autozone vehicle parts sales. The revision includes an increase of 3,911 sq. ft. of commercial space and the addition of 2.79 acres to the current Development Area. The increase in sq. ft. is within the overall maximum of 103,000 sq, ft, of CL space authorized by Special Policy 1.15 of the Future Land Use Element of the Comprehensive Plan and the Groves Town Center MLU/PUD. Autozone, an auto parts store is a permitted CL use. The increase of commercial space requires an increase in the size of the parcel in order to accommodate the Autozone tenant and meet land development regulations. Descriptions and delineation of the “ Onsite Development Area” which Includes the following 43development parcels; “Site Area” (Wawa, Autozone and ALDI developments); “Storm Pond”; and “Ring Road and Site Plan Amendment Road Swale (pervious and impervious areas). Tabular computations, including lot coverage, F.A.R., impervious areas, open space, location and height of structures, vehicular use areas and circulation system and connections to public r-o-w, locations, dimensions, and access of parking and loading areas, and location of monument and traffic control signs. Drainage Statement; Photometric Plan; Drive-aisle cross sections; Paving, Engineering Plans Grading and Drainage Plan and Details; Traffic Study Floor Plans and Elevations for Autozone. Plans for WAWA and ALDI. Architectural Plans Previously submitted. Signage Plans for Autozone. Plans for WAWA and ALDI previously submitted. Service Provider Letters Previously submitted Natural Features Inventory Previously submitted Landscape Plans Landscape Plan dated 6/22/2020; Landscape Details and Notes Consistency with Rural Vista Previously submitted and supplemented for Autozone. Guidelines IV. Proposed Uses .Descriptions of the existing Site Plan and Site Plan Amendment ASPA 21-0506 components are summarized in Tables 1 and 2 and illustrated on Exhibits 2 and 3. Wawa/Autozone/ALDI at Groves Town Center 2 Site Plan Amendment Application ASPA 2021-0506 February 2022 TABLE 1 - Wawa/Chase/ALDI Site Area @ Groves Town Center Onsite Development Component Acres Building sq. ft. Wawa Gas/Convenience 1.79 6,119 Chase Bank 1.03 3,470 Aldi Grocery Store 2.21 21,998 Pond, Ring Road, and Swale 2.34 0 Totals 7.37 31,587 TABLE 2 - Wawa/Autozone/ALDI Site Area @ Groves Town Center Onsite Development Component Acres Building sq. ft. Wawa Gas/Convenience 1.91 6,119 Autozone Auto Parts Store 0.76 7,381 Aldi Grocery Store 2.63 21,730 Pond, Ring Road, and Swale 2.79 0 Totals 8.09 35,230 In summary, Site Plan ASPA 21-0506 increases the Onsite Development area by 0.72 acres and the total building size by 3,643 sq. ft. Site Plan ASPA 21-0506, consists of 35,230 sq. ft. of commercial building space; 34.2% of the 103,000 sq. ft. of approved commercial space in Groves Town Center. V. Staff Review Summary B. Infrastructure Impacts Infrastructure Service Summary Property can be served by County central water/wastewater along Water/wastewater Southern Boulevard. Applicant currently negotiating a Standard Developers Agreement (SDA) with PBCWUD. An executed SDA is requires approval by the Town Council. Drainage statement and Engineering Plans provided. Project is within SFWMD C-51 Basin. Legal positive outfall for Subject Site to Southern Surface Water Boulevard with outfall to C-51 Canal. Exfiltration trenches to be provided Management to meet storage and treatment requirements. The proposed system will be designed to meet SFWMD conveyance, water quality and storage requirements, C-51 Basin requirements and Town requirements. Solid Waste Authority annual confirmation of capacity. Applicants to Solid Waste Disposal execute contract with private hauler for collection and disposal. Traffic Statement provided by PTC Transportation Consultants. The Statement concludes that trips generated by approved and proposed Transportation (i.e. including ASPA 21-0506) Groves Town Center site plans do not exceed the approved thresholds and therefore, Palm Beach County Traffic Performance Standards have been met Previous letter from Palm Beach County Fire/Rescue indicating an FIRE/EMS estimated response time less than the average for the nearest station. A Floodplain Development Application (FDA) is to be submitted to the Flood Zone Town prior to approval of any building permits/ Wawa/Autozone/ALDI at Groves Town Center 3 Site Plan Amendment Application ASPA 2021-0506 February 2022 D. Comprehensive Plan, Zoning, and Site Plan Approvals The proposed Wawa/Autozone/ALDI at Groves Town Center Site Plan Amendment ASPA 2021-00506) is consistent with the Comprehensive Plan and Unified Land Development Code (ULDC).  The current Future Land Use Map designation of the property is Multiple Land Use. ASPA 2021-0506 is consistent with the Future Land Use designation.  The Zoning Map designation of the property is Multiple Land Use Planned Unit Development (MLU/PUD). ASPA 2021-0506 is consistent with the Zoning designation.  Proposed commercial uses (Wawa Gas/Convenience/Restaurant; Autozone Automotive Parts Sales; and ALDI Grocery) are permitted uses within the Commercial component (i.e. CL zoning district permitted uses) of the Groves Town Center MLU/PUD.  Per the Staff Report supporting Ordinances 2013-010, 2018-08, and 2019-08 the Groves Town Center MUPUD has met the PUD requirements.  Per the Staff Report supporting Resolution 2018-83, the Wawa/Chase/Aldi at Groves Town Center has met the site plan requirements.  The Wawa/Chase/Aldi at Groves Town Center Site Plan Amendment SP (A) 2020-02 was approved administratively. E. Zoning Requirements: Commercial (i.e. CL Zoning District) Regulations Regulation Standard Property Complies? Yes – 8.09 acre Onsite Minimum lot size 1 acre Development Area including the 5.30 acre Site Area. Yes – Approved access Frontage and Access ULDC Section 100-35: legal access to both Southern Blvd. from a publically dedicated street and “B” Road Yes – 544 ft. on Site Area Minimum lot 200 feet Southern Blvd. and 297 frontage/width ft. on “B” Road Site Area Minimum lot depth 200 feet Yes - 333 feet Yes – 0.099 of Onsite Maximum Floor-Area-Ratio 0.10 Development Area; Yes – 11.6% of Maximum building and roofed 25% Development Area; structures lot coverage 20.4% of Site Area Yes – 179 feet (Site Front setback 50 feet Area) Wawa/Autozone/ALDI at Groves Town Center 4 Site Plan Amendment Application ASPA 2021-0506 February 2022 25 feet Yes – 112 feet (Site Side street setback Area) Rear setback 50 feet Yes – 75 feet Minimum pervious area 30% Yes - 32.4% of Onsite Development Area Maximum building height 35 feet Yes – 35 feet maximum F. ULDC Section 155-020: Substantive Requirements (Site Plan) Criterion Compliance Site Plan ASPA 21-0506 is Section 150-020 (A) Conformance to the approved and/or consistent Pod A and Tract LB3 of recorded plat, if applicable Groves Town Center PUD Amendment No. 1 Plat recorded in the Public Records of Palm Beach County. Section 150-020 (B) Consistency with the Loxahatchee Groves Comprehensive Plan Yes – Refer to Section D, above. Section 150-020 (C) Conformance with the Town of Yes – Refer to Section D, and E Loxahatchee Groves ULDC above and Section G, below. Proposed site drainage discharge to C-51 Canal. The ultimate system to serve the 90.33 acre Section 150-020 (D) Conformity with the water control Groves Town Center is designed district’s requirements and regulations. to meet SFWMD conveyance, water quality and storage requirements, C-51 Basin requirements and Town requirements. G. ULDC Supplementary Requirements 1. ULDC Article 85: Landscape Plan Requirements Requirement Response N/A. Preserve area included within the Plots of 3 acres or more shall preserve or create and Conservation Land Use portion (23.2 maintain an ecological community of at least 3% of acres) of the 90.33 acre Groves Town area of the property. Center MLU/PUD The inventory and tabular were included A tree survey, including trees to be removed or in the Clearing Permit previously issued relocated, including proposed relocation sites for Pod A of the Groves town Center PUD (i.e. Onsite Development Area). The location, including height, caliper and canopy Specifications provided on provided on spread of all landscape materials the Landscape Plan dated July 23, 2021 Automatic underground irrigation system Irrigation plan if irrigation system to be used per Landscape General Notes L-2.2 Primary structures treated with shrubs @ 2.5 foot Buildings meet code requirement per height along 40% of the structure frontage Landscape Plan details. Provided in the Landscape Plan @ 6,306 Interior open space area defined and located. sq. ft. interior open space ground cover and/or hedge Provided in the Landscape Plan – Meets Wawa/Autozone/ALDI at Groves Town Center 5 Site Plan Amendment Application ASPA 2021-0506 February 2022 requirements requirements. Dumpsters, mechanical equipment and electrical Provided in the Landscape Plan – Meets transformers screened requirements Provided in the Landscape Plan – Section 85-055 (G) Signs screened Monument signs screened. Directional sign needs to be screened on the Landscape Plan. Existing vegetation credit requested and calculated Not requested in the Clearing Permit. Landscape buffer along property line abutting AR No AR zoned property adjacent to the District Subject Site. Provided along Southern Boulevard and 25 foot vehicular use area landscape strip required “B” Road per Landscape Plan. Parking islands provided in the Vehicular use area landscape requirements Landscape Plan - Meets requirement. Site distance requirements Requirements met per Landscape Plan. 2. ULDC Article 90 Signs Allowed Signs Response Permits required and Sign permit requirements Condition of Approval Standards by sign type and zoning district (CL District shopping center or other multi- tenant center) Mandatory attached building identification (i.e. address) sign : 1 per structure or business @ Condition of Approval maximum sign face of 4 sq. ft. Attached awning sign (optional): Maximum 1 per To be determined at the time of Sign structure or business @ maximum sign face of 4 Permit Application per ULDC Section 90- sq. ft. 070 requirements. Shopping Center attached building wall sign(s): 1 To be determined at the time of Sign per tenant, 2 if corner location: Anchor tenants @ Permit Application per ULDC Section 90- maximum sign face of 60 sq. ft.; other tenants sign 070 requirements. face @ 18 sq. ft. to 36 sq. ft. Attached canopy sign: 1 per canopy or 2 per To be determined at the time of Sign building which ever is less @ 16 sq. ft. to 24 sq. ft. Permit Application per ULDC Section 90- 070 requirements. Shopping Center free-standing monument or panel 3 Primary Signs allowed –. Condition sign(s): Primary sign - 1 per tenant: @ maximum limiting to 3 signs with sign face maximum sign face of 72 sq. ft. of 72 sq. ft. Real Estate or Project Sign (to be removed after To be determined at the time of Sign sale or project completion) 1 per street frontage @ Permit Application per ULDC Section 90- maximum sign face of 12 sq. ft. 070 requirements. 3. Article 95 Parking and Loading Requirement Response Minimum parking space requirements – 155 168 spaces provided. 8 handicap spaces spaces required. 5 handicap spaces required provided. Exceeds ULDC requirement (Ref: PBC ULDC – 2% of total) Standard spaces @ 11’ x 22.5’ (meets ULDC Size of parking spaces – Standard space = 11’ standard space requirement). Handicap spaces x 22.5”. Handicap space = 14’ x 22.5’ @ 14’ x 22. 5’ (meets ADA requirements) Wawa/Autozone/ALDI at Groves Town Center 6 Site Plan Amendment Application ASPA 2021-0506 February 2022 Minimum loading space requirements (i.e. for 1 provided @ ALDI building (meets ULDC uses that receive materials by truck).- 1 space standard) Size of loading spaces – 12’ x 45’ with 14’ 1 space @ 25 feet x 45 feet (meets ULDC vertical clearance requirement) Parking Aisle requirements = 28 feet; Drive Parking Aisle (28 feet) and Two-way Drive Aisle requirements (2-way) = 24 feet. Aisle (24 feet) widths meet ULDC requirements. Driveway. Minimum distance from street line to “B” Road ingress/egress driveway = 44 feet. interior drive aisle = 22 feet. Exceeds ULDC requirement. H. Architecture (Discussion of Rural Vista Guidelines by Applicant) The Applicant has prepared the document entitled: “Wawa Chase and Aldi Groves Town Center Statement of Compliance with Rural Vista Design Guidelines: October 9, 2018”. The document presents a review of the architectural features of each of the three development components (i.e. Wawa, Chase, and Aldi buildings) as they relate to the Rural Vista Guidelines. Each development is discussed in terms of the following: Exteriors; roofs and roofing materials; windows; porches and entries; and screening. The Applicant’s summary statement for each of the development components follows: 1. Wawa Component The single-story structure and design elements such as a gable porch entrance, sloped metal roof extending over outdoor seating, planters at the seating area, rustic materials and farm-style lighting fixtures reflect a rural style that is residential in scale. In addition, an outdoor seating area serves as a pedestrian amenity. 2. Autozone Component The proposed exterior elevations utilize the same materials and design on all sides of the building. The single-story structure and design elements such as split face concrete masonry with wood appearance at the base of the building, wood-look post and railing at the entry, and standing seam metal roof with mansard type roofline along the Southern Boulevard façade and portions of the remaining facades reflect a rural style that is residential in nature. 3. Aldi Component The single story structure and design elements such as cornice trim, wood-look posts and railings at the shopping cart area, window shutters, and low canopies near the entry help to maintain a residential scale. I. Compatibility An inventory of land uses adjacent to the subject property is presented in Section B of this analysis. The adjacent properties to the north and east, both within the Groves Town Center MLU/PUD, are assigned a Future Land Use designation of Multiple Land Wawa/Autozone/ALDI at Groves Town Center 7 Site Plan Amendment Application ASPA 2021-0506 February 2022 Use (MLU) and a Zoning designation of Multiple Land Use Planned Unit Development (MLU/PUD). Both adjacent properties are designated Commercial Low (CL) under the MLU/PUD designation. A summary statement for each development component follows: “B” Road is adjacent to the subject property on the west. The 21 acre parcel following “B” Road is assigned a CL Future Land Use designation and a CL/PUD zoning designation. Loxahatchee Groves Commons, a Publix-anchored shopping center has been developed on the property. Southern Boulevard followed by the C-51 Canal and the Village of Wellington are adjacent to the subject property on the south. Southern Boulevard is currently being improved to a 6-lane segment. Compatible land uses are defined as those which are consistent with each other in that they do not create or foster undesirable health, safety, or aesthetic effects arising from direct association of dissimilar activities, including the impacts of intensity of use, traffic, hours of operation, aesthetics, noise vibration, smoke, hazardous odors, radiation, and other land use conditions. The Site Plan indicates perimeter landscape buffers, including a berm, along Southern Boulevard and “B” Road. Landscaping and buffers within the Groves Town Center MLU/PUD will insure internal compatibility with abutting future commercial uses. Proposed Wawa/Autozone/ALDI at Groves Town Center commercial uses will contain open air parking lot lighting. A waiver to ULDC Section 50-030(D) (5) has been approved to allow open air lighting to remain lit during the hours of 11:00 p.m. and dawn. V. Staff Finding and Recommendation Staff finds proposed Site Plan Amendment ASPA 2021-0506 (Wawa/Autozone/ALDI at Groves Town Center) consistent with the Town’s Comprehensive Plan and land development regulations, including the Groves Town Center MLU/PUD (i.e. Town Ordinance 2013-10, as amended by Ordinances 2018-08 and 2019-08) subject to the Conditions of Approval presented in Exhibit 4. VI. Planning and Zoning Board Recommendation To be determined. Wawa/Autozone/ALDI at Groves Town Center 8 Site Plan Amendment Application ASPA 2021-0506 February 2022 EXHIBIT 1 Groves Town Center Multiple Land Use PUD Wawa/Autozone/ALDI at Groves Town Center 9 Site Plan Amendment Application ASPA 2021-0506 February 2022 EXHIBIT 2 Approved Wawa/Chase/Aldi at Groves Town Center Site Plan Wawa/Autozone/ALDI at Groves Town Center 10 Site Plan Amendment Application ASPA 2021-0506 February 2022 EXHIBIT 3 Proposed Wawa/Autozone/Aldi at Groves Town Center Site Plan Wawa/Autozone/ALDI at Groves Town Center 11 Site Plan Amendment Application ASPA 2021-0506 February 2022 EXHIBIT 4 PROPOSED CONDITIONS OF APPROVAL Wawa/Autozone/Aldi at Groves Town Center Conditions of Approval A. GENERAL 1. The conditions of approval herein shall apply to the Owner, Applicant and their successors and assigns. 2. The Final Conditions of Approval in Town Ordinances 2018-08 and 2019-08 are adopted and incorporated herein by reference. The Ordinances assigned a Multiple Land Use Planned Unit Development (MLU/PUD) zoning designation to the site. 3. Development of the site is limited to the uses depicted and stated in Exhibit 2, hereto (Wawa/Autozone/Aldi Site Plan). The Site Plan is dated August 20, 2021. All modifications to the Site Plan shall be approved by the Town Council with the following exceptions which may be approved by the Town Manager: (a) Administrative amendments permitted under Section 155-005 of the ULDC; (b) Amendments required to conform to the Conceptual Master Plan; (c) Amendments necessary to comply with Site Plan Conditions of Approval; and (d) Infrastructure and utility improvements which are in accordance with the ULDC. 4. Any subdivision by fee title conveyance of an internal lot which is subject to a final site plan approval shall have received prior written approval by the Town Manager based upon the application of criteria contained in Section 41.1.E.4.b of the Town Unified Land Development Code. Prior to fee title conveyance, a lot shall be platted. 5. Prior to submittal of any building permit applications for processing by Loxahatchee Groves, the Town Manager and his designated agents shall review and approve the following plans for consistency with these Conditions of Approval, Site Plan, Landscape Plan, Floor Plans, and Elevations. 6. Prior to submittal of any building permit applications for processing by Loxahatchee Groves, the Town Manager, Town Public Works Director and Town Engineer shall review and approve all land development plans. 7. Consistent with the Palm Beach County Mandatory Traffic Performance Standards criteria in place at the time of this approval, as extended by Governor’s Executive Orders, no building permits for the site shall be issued after October 28, Wawa/Autozone/ALDI at Groves Town Center 12 Site Plan Amendment Application ASPA 2021-0506 February 2022 2025.. Additional time extensions for this condition may be approved by the Palm Beach County Engineer based upon an approved traffic study which complies with Mandatory Traffic Performance Standards in place at the time of the request, or additional States of Emergency declared by the Governor of Florida. 8. All parking and loading shall occur on site as indicated on the approved Site Plan dated August 20, 2021. B. LAND USE AND SITE PLANNING 1. Development of the site shall be limited to a maximum of 35,230 sq. ft. of commercial low uses consistent with the Site Plan dated August 20, 2021. 2. Bars and night clubs are prohibited. 3. Potentially objectionable features (e.g. mechanical equipment, loading/delivery areas, storage areas, dumpsters, and compactors, etc.) shall be indicated on project site plans and screened from public view. 4. All on-site deliveries during construction shall be made from project entrances off of Southern Boulevard. C. ENGINEERING 1 Prior to the issuance of any Site Development Permit or an initial Building Permit for any of the project uses, the applicant shall provide itemized cost estimates and surety for the affected portion of Pod A per Town Code Section 100-060. 2. Prior to the commencement of construction of any of the project uses the Applicant shall: a. Provide the Town Engineer and Building Official with copies of all permits, permit applications, and requests for additional information to and from regulatory agencies regarding issues on all permit applications, certification, and approvals for this project including, but not limited to, the South Florida Water Management District, Palm Beach County Water Utilities Department, Florida Department of Transportation, Palm Beach County Fire Rescue, and Palm Beach County Health Department, etc. b. Schedule a pre-construction meeting with the Town. Inspections related to the Site Development Permit for this project will not be performed until the pre-construction meeting has occurred. Failure to comply with this condition could result in a Stop Work Order for all work and construction activity related to this project. 3. The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES requirements including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Wawa/Autozone/ALDI at Groves Town Center 13 Site Plan Amendment Application ASPA 2021-0506 February 2022 Best Management Practices, as generally accepted by the Environmental Protection Agency (EPA) and local regulatory agencies, for construction activities, implementation of the approved plans, inspection, and maintenance of controls during construction, including a Notice of Intent prior to the start of construction and a Notice of Termination prior to the certification of the Site Development Permit. 4. The construction, operation, and maintenance of any elements of this project shall not have any negative impacts on the existing drainage of the surrounding areas. If at any time during the project development, it is determined by the Town that any of the surrounding areas are experiencing negative drainage impacts caused by this project, it shall be the applicant’s responsibility to resolve said impacts in a period of time and a manner that is acceptable to the Town prior to additional construction activities. The Town may issue a Stop Work Order or cease issuance of any related Building Permits until all drainage concerns are resolved. 5. Prior to the issuance of the Certificate of Completion for the Site Development Permit, the application shall: a. Provide copies of the required test results as provided for on the plans and specification and in accordance with FDOT for review by the Town Engineer. b. Submit to the Town all required recorded easements and easement modifications. c. Provide electronic certified civil design as-built drawings in both PDF D. LAND CLEARING AND LANDSCAPING 1. Project landscaping shall comply with the Landscape Plan dated July 23, 2021, to include a landscape buffer berm within the 25-foot buffer on Southern Boulevard shown on the Site Plan dated August 20,, 2021. The perimeter buffer berm along the Southern Boulevard frontage shall be constructed to a minimum height of 3 feet above the grade of the internal parking lot. The 3-foot berm shall be topped by a c hedge consistent with that used atop the Aldi berm. A rendering of the berm and hedge shall be provided prior to any building permit activity based upon a point of view from Southern Boulevard. The rendering shall clearly note the level of maturity of the plant materials and how long it will take for the installed materials to reach maturity. 2. The remainder of the landscaping shall comply with the Landscape Plan dated July 23, 2021. E. EXTERIOR LIGHTING 1. Exterior lighting shall comply with the Photometric Plan dated August 20, 2021. Wawa/Autozone/ALDI at Groves Town Center 14 Site Plan Amendment Application ASPA 2021-0506 February 2022 2. All exterior lighting shall be directed downward and contain shields to contain lighting within the property boundaries. F. PARKING AND LOADING 1. All parking and loading shall occur on site, as indicated on the approved Site Plan dated August 20, 2021. G. ARCHITECTURAL Architectural elevations shall be designed to be consistent with the Town’s Rural Vista Guidelines. Elevations shall be reviewed and approved for consistency with approved plans by the Town Manager with applications for building permit approval. The Town Manager may refer subsequent building elevations to the Town Council for approval if he determines that an inconsistency with approved plans is proposed. H. SIGNAGE The Sign Permit submittal for any development use shall include a master sign program detailing the location, number, colors and size of proposed monument signage. All signage shall be reviewed during the sign permit review process. 1. Per Sections 05-040 and 90-070 of the ULDC, permits for all wall signs shall be obtained prior to building permit application. 2. Attached building identification signs shall be provided for each business with a maximum sign face of 4 sq. ft. 3. The number of monument signs shall be limited to the following: (a) One monument sign on Southern Boulevard, for each business per the Site Plan dated August 20, 2021 with a maximum sign face of 72 sq. ft. 4. Internal directional signs may be approved by administrative amendment of the Site Plan dated August 20, 2021, provided that sign permits are procured pursuant to ULDC Section 90-070. I. UTILITIES AND SERVICES 1. A Developer’s Agreement shall be executed by the Property Owner and the Palm Beach County Water Utility Department and approved by the Town Council of the Town of Loxahatchee Groves for the provision of central potable water and wastewater service to the project prior to the issuance of the first building permit. 2. Solid waste collection and disposal shall be accomplished by contract between the Property Owner and the Town’s third-party hauler prior to issuance of the initial certificate of occupancy. Wawa/Autozone/ALDI at Groves Town Center 15 Site Plan Amendment Application ASPA 2021-0506 February 2022 H. ULDC WAIVERS Per Ordinance 2018-08, the Property Owner has been granted the right to request the following two waivers: (1) Relief from ULDC Section 50-303(D) (5) “Glare”; and (2) ULDC Section 95-100(E) “Wheelstops and curbing”. The following two waivers are granted: 1. A waiver to ULDC Section 50-030(D) (5) “Glare”, which states “Open air parking lighting shall be controlled by automatic devices that extinguish the lighting between 11:00 p.m. and dawn.” A waiver is granted to allow open air lighting to remain lit during the hours of 11:00 p.m. and dawn within the Wawa development component. Open air parking lot lighting included in the Autozone and ALDI development components, shall comply with Section 50-030(D)(5). 2. A waiver to ULDC Section 95-100(E) “Wheelstops and curbing”, which states: “Parking stalls which abut sidewalks or structures shall be designed with wheel stops or contiguous curbing to help prevent accidental human injury or property damage. The required wheel stops shall be located at least two and one-half feet from any sidewalk or structure.” A waiver is granted in order to provide bollards in lieu of wheel stops or curbing. Wawa/Autozone/ALDI at Groves Town Center 16 Site Plan Amendment Application ASPA 2021-0506 February 2022

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