Sonic
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonic
APPLICANT'S AGENT: Jon E. Schmidt & Associates
APPLICANT'S ADDRESS: 333 Southern Blvd. #200, West Palm Beach, FL 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18,2006
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan approval for a 1,674 square foot
fast-food drive-in restaurant.
LOCATION OF PROPERTY: East side of Winchester Park Boulevard between Boynton Beach
Boulevard and Old Boynton Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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
.............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
DATED: 7-&I-Ob
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SONIC, BOYNTON BEACH
Rev May 23, 2006
D. STANDARDS FOR EVALUATING CONDmONS USES. The planning and 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 faithful adherence to and fulfillment of such
restrictions and 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, 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 provision has been made concerning the following standards,
where applicable:
JUSTIFICATION FOR CONDmONAL USE
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.
Ingress is available from a main entry located off Winchester Park Blvd. and a secondary
ingress and egress to the adjacent shopping center to the north. Vehicular circulation is
separated from pedestrion circulation and access to emergency vehicles is available to
all sides of the building.
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1. 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.
Off street parking requirements are exceeded in the proposed design and allow for safe
and efficient access. The property is located within the middle of numerous commercial
developments and development will have no negative impact on surrounding properties.
3. Refuse and service areas, with particular reference to the items in subsection 0.1. and
0.2. above.
Refuse containers are located to the rear of the property and are located out of the path
of the main circulation system. Adequate room for truck maneuvering is provided.
4. Utilities, with reference to locations, availability and compatibility.
As stated above, this development is located adjacent to multiple existing commercial
developments. All utilities are located directly adjacent to the site and will not cause any
additional public infrastructure improvements.
5. Screening, buffering and landscaping with reference to type, dimensions and character.
The proposed buffering and landscape exceeds the current land development code and is
designed to be in character with the existing developments by incorporating like
materials and design standards.
Justification
Sonic Boynton Beach
Page 2 of 3
6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic
effect and compatibility and harmony with adjacent and nearby properties.
Only one monument sign is proposed for the property frontage on Winchester Park Blvd.
The lighting and development of this property is a compatible commercial use and will
work in harmony with the surrounding development.
7. Required setbacks and other open spaces.
The proposed site layout exceeds all required setbacks and open space requirements.
8. General compatibility with adjacent properties and other property in the zoning district.
The proposed development is a compatible commercial use and can only compliment the
adjacent properties of the area.
9. Height of buildings and structures with reference to compatibility and harmony to
adjacent and nearby properties and the city as a whole.
The proposed structure is one story and compatible with all adjacent structures.
10. Economic effects and adjacent and nearby properties and the city as a whole.
"Sonic ", a highly regarded national restaurant chain, is a very sought after dining
experience. This will draw patronage and can only effect nearby properties and the City
as a whole in a positive way by providing a high quality sales and service product for all
the area to benefit from.
11. Conformance to the standards and requirements which apply to site plans as set forth in
Chapter 4 of the City of Boynton Beach Land Development Regulations.
The proposed development is being submitted for review and conditional use approval
and will meet or exceed all Land Development requirements.
12. Compliance with and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
No odors or fumes will be carried out of the area or be carried into any residential
district. No noise will be conducted on the site that would not be in compliance with
Chapter 15, Section 15.8.
Justification
Sonic Boynton Beach
Page 3 of 3
13. Required analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the City Code will be met.
NOT APPLICABLE
b. The analysis shall specify the authority and/or basis for determination of the acoustic
level of the sound emitting devices/equipment.
NOT APPLICABLE
c. The analysis of any sound retention, reduction or reflection shall include information
such as the nature, types and coefficients of sound absorbent and sound-reflecting
materials to be used, coatings of surfaces of ceilings, walls, windows and floors and
insulation to be used.
NOT APPLICABLE
d. It shall also verify that sound standards shall be met during the normal opening of
doors for people entering and exiting the establishment.
NOT APPLICABLE
EXHIBIT "D"
Conditions of Approval
Project name: Sonic
File number: COUS 06-002
Reference: 3rd review plans identified as a Conditional Use with a May 23,2006 Planning & Zoning date stamp
marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
l. The proposed Laurel and Live Oaks adjacent to the dumpster enclosure X
location present a vertical conflict for solid waste pickup. Relocate trees
away from the dumpster enclosure or specify an alternate species (such as
palms) to allow clear vertical movement for solid waste equipment.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
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. (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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
4. Provide proposed and existing water and sanitary sewer main sizes for this X
plan submittal. As-built information may be obtained from the City of
Boynton Beach Utilities Dept. (561-742-6400).
5. 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.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
7. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, usmg a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in I
CODE Sec. 26-33(a).
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
8. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
9. 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.
10. PVC material not permitted on the City's water system. All lines shall be X
DIP.
11. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
12. 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)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
13. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets. Correct all plans to match.
14. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
15. The plans indicate the storm sewer system ties into the existing drainage X
within the Winchester Park Blvd. right-of-way. Provide written verification
from the storm sewer system owner/maintainer that this is acceptable and
that the system has the capacity to accept the additional flows.
16. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
17. Full drainage plans, including drainage calculations, in accordance with the X
I DEP ARTMENTS I INCLUDE I REJECT I
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
18. 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:
19. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
20. Indicate within the site data the occupancy type of the building as defined in X
2004 FBC, Chapter 3.
21. 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 2004 FBC, Section 1609 (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.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. 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
data that address the following issues:
A 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."
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).
24. 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.
- "C~_~
I 25. A water-use permit from SFWMD is required for an irrigation system that X
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
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.
26. 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)
27. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
28. 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.
29. 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.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
30. Canopy shall be designed to withstand 140 mph wind load per 2004 FBC, X
Chapter 16. Submit details for review.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
31. Landscape Plans Sheets LP-l. LP-2 X
All shade and palm trees on the Plant list must be listed in the specifications
as a minimum of 12'-14' height, 3" diameter 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" diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.]
32. The details section for the Shrub and Groundcover Planting Detail should X
include a line indicating where the height and spread of the plant will be
DEPARTMENTS INCLUDE REJECT
measured at time planting and inspection.
33. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed building and parking
facility from the Winchester Park Boulevard road right-of-way.
34. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article 11 Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
35. This project will require a cross access agreement with the property to the X
north.
36. Clearly identify the site address at the top of the monument sign (Chapter X
21, Article IV, Section 2.B.).
37. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of permitting.
38. All signs must be located a minimum of ten (10) feet from any property line. X
39. Provide a detail of lighting fixture depicting the type of baffling/shielding X
proposed to ensure there is no light spillage onto adjacent properties and
that the lighting element itself is not visible from those adjacent properties.
40. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I l. To be determined. '-!\.trrvJ- ] I I
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