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Dunkin Donuts/Baskin Robbins DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE · CITY OF BOYNTON BEACH, FLORIDA Development P&Z PROJECT NAME: Dunkin Donuts / Baskin Robbins Building Engineering Occ. license APPLICANT'S AGENT: Mr. Ron L. Uphoff ;Dup,~}, City Clerk APPLICANT'S ADDRESS: 4483-D Willow Pond Road West Palm Beach, FL 33417 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval for the construction of a 2,192 square foot fast-food restaurant with a drive- through facility on a 0.43-acre parcel in the 0-3 zoning district. LOCATION OF PROPERTY: 1317 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MA'I-I-ER 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 Oommunity Redevelopment Agency 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 stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby c,,,"' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other D~.:..ED: ,/-/-o~-05t ~tyClerk S:'~Y' gkSHARED WPWROJECTS'xDunkin Donuts-Baskin Robbins\COUS 04-001'~)O.doc'~" * c,. I in. = 100.0 feet V 018O SE 12TH AVE 401 0090 0010 C'1 0170 0111 0021 0121 0030 0130 5090 SNI MX-L R-3 LOCATION MAP DUNKIN DONUTS EXHIBIT "A" EXHIBIT "B" ":.!.I,I.,,, lil['i '"-: :': - "':~i -_:- ,-,l Ill ~|l~ I I ~[: I Iai:Id.- :.-: il'Ii"'" Il" " ' -"' ~: , EXHIBIT'"B" EXHIBIT "B" ::,,,~ .......... 5-> , . : ,!, . o ' SOUTN FEDERAL NI6HIAY ~~r BEACH FLORIDA ~ ~,~,,~,~ ,, 1313 SOUTH FEDEEAL HIGHIIJAT BOTNTON BEACH FLORIDA i[,~, ~ ~,,~,1,~,,~,""" ' "'" "' '"" ' ' · ., ,-,~ ,--.. :,, ~ , ,!, ~, ,i. 1~. . .. ' , ~ .;;; ;.4 .... 1 Ii~, I I' I "'~, ,', ,-',-- · · , r,, EXHIBIT "C" Conditions of Approval Project name: Dunkin Donuts/Baskin Robbins File number: COUS 04-001 Reference: 2na review plans identified as a Conditional Use with a March 23, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, provide additional information on the plans X regarding the locations of the turn lanes on Federal Hwy. in front of Dunkin Donuts. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Permit(s) from the Florida DOT will be required for any work within the X Federal Hwy. fight-of-way. 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting. 5. All engineering construction details shall be in accordance with the applicable X 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. UTILITIES Comments: 6. Provide a Utility plan showing the location of water and sanitary sewer X service laterals. 7. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. COA 04/08/04 2 DEPARTMENTS INCLUDE REJECT 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 8. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, 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)). 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X 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 BUILDING DIVISION Comments: 11. Buildings, structures (such as light poles), and parts thereof shall be designed X to withstand the 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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site COA 04/O8/04 3 DEPARTMENTS INCLUDE REJECT data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · 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; · 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). 14. A water-use permit from SFWMD is required for an in'igation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 18. 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. COA 04/08/04 4 DEPARTMENTS INCLUDE REJECT 19. Department of Business and Professional Regulation shall review and X approve the plans prior to submittal for a building permit. 20. The outdoor freestanding lighting poles shall be designed to withstand 140- X m.p.h, wind-load capacity (Section 1606, Florida Buildin~ Code). PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 21. If possible, staff recommends preserving the existing Podocarpus tree, which X is currently located along the southern property line. This would involve incorporating a landscaped island around the tree and reconfiguring the parallel parking spaces and outdoor freestanding lighting fixture around the landscaped island. A modified landscape plan would be required at the time of permitting. Also, staff recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus tree was originally proposed for relocation. PLANNING AND ZONING Comments: 22. Staff recommends that a period of one (1) year be allowed to initiate this X project (obtain a building permit). 23. Install clusters of palm trees (preferably native) rather than shade trees within X the remaining portion of the west landscape buffer. 24. On the elevation "exterior finish materal schedule" on sheet A2, correctly X identify the following color: EIFS-3: SW #6385 Dover White (white). 25. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 26. The base of the freestanding monument sign shall be painted the same color X as one of the building's colors. 27. At the time of permitting, provide a detail of the proposed internally lit menu X board. It must comply with Chapter 21, Article IV, Section 2.D. of the Land Development Regulations. COA 04/08/04 5 DEPARTMENTS INCLUDE REJECT 28. Staff recommends that the audio component of the menu board (related to the X drive-through facility) should project its sound in any direction other than west so as to not create a potential disturbance to the residential neighborhood 29. Staff recommends incorporating a buffer wall into the design of the west X landscape buffer because the subject property abuts an existing non- conforming residential use. The wall shall be at least six (6) feet in height, stucco, and painted on both sides (Chapter 2, Section 4.L.). The row of Redtip Cocoplum shall be planted on the outside of the buffer wall. This can be accomplished at the time of permitting. All plans must match this modification. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROdECTS\Dunkin Donuts-Baskin Robbins\COUS 04-001\3RD REVIEW COMMENTS.doc EXHIBIT "D" RONALD L UPHOFF PLANNER INSPECTOR 4483-D WILLOW POND ROAD WEST PALM BEACH FLORIDA 33417 MARCH 6, 2004i Ll i T.E P NN,N & ZON,N D,V,S,ON. CITY OF BOYNTON BEACH, ............... .., 100 E BOYNTON BEACH BOULEVARD. P.O.BOX 310 BOYNTON BEACH FLORIDA 33425-0310 RE: PROPOSED SITE PLAN FOR DUNKIN DONUTS 1317 S FEDERAL HIGHWAY- BOYNTON BEACH- CONDITIONAL USE JUSTIFCATION A- PROJECT OVERVIEW: The overall purpose and intent of this request to demolish and replace the existing Dunldn Donuts building located at 1317 South Federal Highway. It is based on two pdmary reasons: 1) The existing Dunkin Donuts store is over thirty years old, undergone several improvements, and is currently nearing the end of its life cycle. So that any further improvements would be economically meaningless and would not resolve the problems created by changing demographics and different customer needs over the past years. 2) Due to changing demographics resulting in a different traffic pattern and customer needs have generated the need, more than ever, for a drive thru, pick up window. Business, over the years, has transformed from a traditional' sit down 'coffee shop to a lake out' high volume coffee shop. Currently approximately sixty percent of the overall business is "take out'. The approval of this request will better serve the welfare safety and the general health of the community now and into the future B-JUSTIFICATION: 1) Current site parking and access configuration creates congestion, conflicting traffic flow and virtually no pedestrian circulation, which is an endangerment to the safety of the customers, visiting the store, and general public travelling along Federal Highway. The proposed site plan will alleviate these problems by providing direct pedestrian access from the public side walk on Federal Highway, improve traffic flow and circulation significantly by allowing a two way traffic on the north side, but at the same time allowing full access around the entire building by providing a by pass lane. It will also alleviate the congestion currently caused by 'take out' customers who have currently to park their vehicles for pick up of their orders, by providing a drive thru pick up window. It will also allow easier and quicker p',~k up of refuse collection, with separate ingress and egress, currently unavailable and additionally full access and circulation to emergency vehicles around the entire building. 2) The proposed improvements will provide improved buffering to the West Side of the property, by a providing a 6' high solid concrete wall and 4' high hedge. To adjacent properties to the north and south by adding landscaping to soften the noise and activity within the site. The site lighting is shielded on both the west and south property lines to minimize glare and over spill at nighttime. Improvements will add a loading area, currently unavailable, better landscaping, improved night EXHIBIT "D" - time lighting, better shielding and buffering to adjacent properties resulting in a new facility that will be suited to serve the community better and at the same time promoting the welfare, safety and general health of the community at large. 3) Proposed location and configuration of refuse containment will provide safer and quicker refuse collection. Enclosure, along with proposed landscaping, will shield the refuse container. (Currently there is no enclosure). It is also proposed to use the dumpster access lane also as a loading zone. Although this may raise concerns, typically deliveries occur between 12.00 midnight to 2.00 am whereas refuse pick up is between 6 and 7 am twice a week, and is expected to take only a few minutes with the proposed configuration. Also customer traffic is minimal at this time, and proposed north entrance will allow both ingress and egress for this particular reason, should both the by pass lane and the drive thru lane be blocked at the same time, customers may exit through the north entrance. Spedf'mally parking spaces on the south side, of the building, will be designated for the exclusive use of employees only thereby ensuring free access for customers to the building at all times. 4) Currently all the utilities, required for the proposed improvement, including water, sewer, electricity and natural gas are existing, and should be adequate for the proposed improvements. 5) Proposed landscaping, a vast improvement from what is existing will provide better screening buffering, appearance and soften the activity within the site from adjacent properties. The proposed landscaping will comply with the city's latest standards. Irrigation, currently non- existent, will also be provided. 6) Proposed signage will comply with current city codes. Signage will only be provided on the west side of the building, facing federal highway, thereby shielding the south and north properties. A monument sign on the north east comer of the property will replace the current non-compliant pylon sign. Overall square footage will be less than the maximum allowed by the city sign code. The proposed signage will minimize the impact on the adjacent properties. 7) The proposed set backs exceed the minimum required by the city's codes and additional landscaping along Federal Highway, currently non-existent, will be provided. 8) The proposed use will remain unchanged from its current use. Use is consistent with the current and future zoning designations for the site (Community Commercial- C3) and use of Local Retain Commercial (LRC) and also with the properties located to the north and south. It will serve the high density and medium densities residential properties to the east and west sides well at the same time providing the necessary buffedng and screening. 9) The proposed height of 21 feet ,measured at the highest point of the monolith, is well below the code allowed height of 45', thereby providing a building that is in harmony with the adjacent buildings 10) The proposed improvements will benefit the community and the city in providing a better and renewed economic stature and tax revenue base. We believe the proposed improvements are consistent with the city's redevelopment plans for this distdct and changing demographics. 11) The proposed improvements are in compliance with the city's standards as set forth in Chapter 4 of the Land Development Regulations. 12) The proposed improvements are in full compliance with the city's Noise Control Ordinance specifically chapter 15, section 15.8 of the Boynton Beach Code of Ordinances.