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Wendy's at Riverwalk DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME' Wendy's @ Riverwalk Plaza APPLICANT'S AGENT: Land Design South APPLICANT'S ADDRESS: 1280 North Congress Avenue, Suite 215 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION'BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / Major Site Plan Modification LOCATION OF PROPERTY: Northwest corner of the Riverwalk Shopping Center located on the south side of Woolbright Road, east of U.S. 1 and west of the Intracoastal Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stateo above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The App!ic~nt's application for relief is hereby j~_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shall be made in accordance with the terms and conditions of this order. 7. Other DATED: \\CH\MAIN\SHRDATA\PlanningtSHARED\WP\PROJECTS\Wendy's @' LOCATION MAP WendY's at Riverwalk Plaza EXHIBIT "A" 1:3U El::: -f PU 400, I/'" EXHIBIT "B" / I I il Iit / 1 / I RIVERWALK SHOPPING PLaza WENDY'S OUTPARCEL PFI~'PAFIEID ~OFI FUVIg:IWAL. K P~AZA ~DIN'r V~NTURE GITY OF BOYNTON BEACH. FLOFIIDA EXHIBIT "B" i \ \ \ \ RiVERWALK SHOPPING PLAZA WENDY'S OUTPARCEL PREPARED FOR RI',,"'ERWALK PLAZA JOINT VENTURE QII'Y ~1, ~YN?QN ~E~.~I,~ DESIGN/ \\Server~\pro)ec~s\Wendys\8oynEon - R1verwalk\A2.dwg Fri Nar 22 18:05:57 2002 EXHIBIT "B" E .HIB T / !t B tl 0~1 [1L.LU~[N^TION PLAN ~ J "' ~'IIM. It IL~ I "/1/ II !1 EXHIBIT "C" Conditions of Approval Project name: Wendy's ~ Riverwalk Plaza File number: COUS 02-001 Reference: 2nd review plans identified as Conditional Use/Site Plan with a March 26, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTiLiTiES : Comments: 1. All utility easements shall be shown on the rectified site plan and X landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed w/thin utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of- way. 2. Palm Beach County Health Department permits will 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. (LDR, Chapter 6, Article IV, Section 16), or the requirement imposed by insurance underwriters, xvhichever is greater (CODE, Section 26-16(a)). FIRE Comments: 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they xvill be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE .. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 5. Sho~v all existing utilities on site characteristics map (survey) and site X development plan (LDR, Chapter 4, Section A.3). Master Site Plan and survey do not agree. 6. On the lighting plan, specify that the light poles shall ~vithstand a 110 MPH X wind load. BUILDING DIVISION Comments: 7. Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section3107.1.2, Chapter 3 t of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finished floor elevation__ __ NGVD is above the highest! 00-year base flood elevation applicable to the building site, as determined'by the South Florida Water Management District's surface water management construction development regulanons. b) From the FIRM map, identify in the site data the'title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 8. Place a note on the elevation vie~v drawings indicating that the wall openings X and wall construction comply ~vith Table 600 of the 2001 edition of the Federal Building Code. 9. At time-of permit review, submit signed and sealed working drawings of the X proposed construction. 10. At the time of permit review, submit for revie~v an addressing plan for the X Project. Conditions of Approval 3 DEPARTMENTS PARKS AND RECREATION Comments: 11. Submit detailed irrigation plans for right-of-way landscape and irrigation improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comlnents: 12. Provide a detail of the outdoor lighting structure, including the dimensions, color, and material. Site lighting to be consistent with shopping center. 13. Site lighting shall not be of an intensity that produces glare on adjacent properties (Chapter 9, Section 10.C). Staff recommends that the proposed freestanding outdoor hghting fixtures and illumination levels shall be compatible with the existing shopping center. 14. On the site plan, add to the note regarding deliveries the hours of operation for the restaurant. 15. Include a color rendering of all elevations prior to the Community Redevelopment Board meeung (Chapter 4, Section 7.D.2.). 16. On the landscape plan plant schedule, indicate the specifications for the double-trunk Solitaire Palm (PE) trees. 17. All parking lot areas shall be screened with landscaping from public rights-of way. If the construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate as it relates to the intent of the code, then said landscape material shall be enhanced subject to the satisfaction of the City landscape inspector. 18. All above ground mechanical equipment such as exterior utility boxes, meters, and transformers, shall be visually screened (Chapter 9, Section l 0.C.4.). Equipment placed on the wails of the building shall be painted to match the building color. INCLUDE X X X X X X X X X REJECT Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 19. Re-label the elevation drawing to show that 67.5 feet is the maximum allowed X for all wall signs. 20. Should the building size or frontage slightly change during the permitting X process, all wall signs on the building (north and west elevation) must comply with Chapter 21, Article IV, Section 3.C. 21. On the elevations, correctly label each fagade as north, south, east or west. X 22. The current site plan.does not show proposed awnings to be placed over the X drive-through windo~vs. Please show these on the plans submitted for building permit revie~v. Awnings must comply with all applicable code requirements. 23. Staff recommends that the audio component and menu board for the drive X through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north. 24. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is X to be set within ~vhich the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 25. The project must receive approval for traffic concurrency from Palm Beach X County Traffic Engineering prior to building permit issuance. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: 26. All free standing outdoor lighting fixtures/poles shall meet current wind load X standards. 27. Rooftop equipment screening to be no lower than the highest piece of roof X top equipment, including all mechanical and ventilation items. 28. Perimeter or parking lot hedges shall be maintained no less than 30 inches. X 29. The City Forester/Environmentalist shall examine the four (4) trees to be X preserved along the north property line. If found to be in proof condition, they shall be replaced with live Oak trees. Conditions of Approval $ DEPARTMENTS INCLUDE REJECT 30. Add 2 trees along west side of"leased parcel", each evenly spaced on both sides of X proposed trees. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 31. To be determined. '~ ~ S:\Planning\SHARED\WP\PROJECTS\Wendy's @ Riverwalk\COUS\Condition of Approval 2 page revised 2002 form.doc