Agenda 04-24-12
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE:
Tuesday, April 24, 2012
TIME: 6:30 P.M.
PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from March 27,2012 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
A.1. Publix liquor Store (COUS 12-002) - Approve conditional use request for a 1,300 square
foot package liquor store immediately south and abutting the new Publix grocery store in
the Boynton Lakes Plaza shopping center at 4770 North Congress Avenue within a C-3
(Community Commercial) zoning district. Applicant: Heather Ramos, Gray Robinson, P.A.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF
THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE
AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
DocumentS
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON
TUESDAY, MARCH 27, 2012, AT 6:30 P.M. IN THE CHAMBERS, AT CITY HALL
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Roger Saberson, Chair
Matthew Barnes, Vice Chair
James Brake
Cory Kravit
Sharon Grcevic
Ed Breese, Principal Planner
Stacey Weinger, Board Attorney
ABSENT:
Brian Miller
1. Pledge of Allegiance
Chair Saberson called the meeting to order at 6:30 p.m. Mr. Brake led the Pledge of
Allegiance to the Flag.
2. Introduction of the Board
Chair Saberson introduced the members of the Board.
3. Agenda Approval
Motion
Ms. Grcevic moved to approve the agenda as presented. Mr. Brake seconded the
motion that unanimously passed.
4. Approval of Minutes from February 29, 2011, meeting
Motion
Ms. Grcevic moved to approve the minutes. Mr. Brake seconded the motion that
unanimously passed.
Communications and Announcements: Report from Staff
Ed Breese, Principal Planner, reported the Seabourn Cove, Phase II, Rezoning and
New Site Plan was tabled by the City Commission. They had hoped the Developer's
Agreement would be ready in time for them to take action on the item, but it was not.
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Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 27, 2012
The Schools in Planned Unit Development Districts item was also tabled due to a glitch
in the agenda.
Both items would be on the next City Commission agenda. Mr. Breese noted there was
progress made on the Developer's Agreement. Since the items were tabled to the next
meeting, if postponed again, they would just carry over.
Mr. Brake inquired if anyone was taking advantage of the provision for microbreweries
and tasting rooms. Mr. Breese responded the Due South Brewing Company submitted a
permit for a location on High Ridge Road. There were a few items left to be finalized
and then the permit would be issued. He inquired if anyone was looking at Railroad
Avenue. Mr. Breese explained they met with a party who was contemplating that site as
well as others, not all of which were in the City.
Attorney Weinger administered an oath to all those intending to testify.
5. New Business:
A.1. Bride of Christ Tabernacle (COUS 12-001/NWSP 12-(02)
Approve conditional use and new site plan request to replace a
1,770 square foot church and accessory buildings with a 5,040
square foot church on a .757 acre parcel located at 2020 NE 11th
Avenue, within the R-2 (Duplex) zoning district. Applicant: Ron
Uphoff, Arkitektur + Kasai, Inc.
Mr. Breese presented the request was located within the Community Redevelopment
Agency area, one block north of MLK Boulevard. A church, built in the 1940s; a school
building, constructed in the 50s; and a single-family home, built during the same period,
were situated on the site.
The buildings were in poor condition, and the balance of the property was unimproved.
The City's Preservation Planner conducted an exterior inspection of the properties and
determined the buildings were not eligible for listing on the local or national register, nor
were they eligible for designation within a historic district.
The proposed demolition was discussed with the Historic Preservation Resources
Board who agreed with the Preservation Planner's determination, and agreed to the
demolition associated with the new construction.
The church has 204 seats requiring 51 parking spaces. The site plan reflected 51
parking spaces, 25 of them grass, as permitted by Code for a church use.
The landscape plan reflected the buffers were in compliance with the Code and
consisted of a variety of shrub materials including Coco Plum, Firebush, Indian
Hawthorn, Thryallis, Silver Buttonwood, Orange Geiger, Royal Palms and Mahogany.
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Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 27, 2012
An alternate landscape plan was proposed. He noted less than 75% of the landscape
islands within the parking area were 15 feet in width and the applicant proposed to
provide landscaped islands within the grassed parking area. Two islands would be
situated below the building within the grass parking area. While they were not 15 feet in
width, the vegetation would not be restricted from growth by asphalt or concrete. It,
therefore, met the Code requirements by allowing the roots to expand into those areas
for both stability and survivability in drought conditions.
The proposed use was compatible with the surrounding properties and many City
churches were located within residential zoning districts. The church was bordered on
the north and west by street rights-of-way. To the south, there was vacant commercial
and duplex-zoned lots, and on the east, by residential single-family structures.
The church was located within the HOB Redevelopment Plan area, which designates
the property immediately north of MLK Boulevard as multi-family, which allows churches
as a Conditional Use. The Redevelopment Plan also lists places of worship as top
strengths within the study area as defined by the community stakeholders. Negative
aspects of churches in the study area included the magnitude of churches within a small
area and that they do not contribute ad valorem monies to the Community
Redevelopment Agency. Several churches are in violation of the City's parking
regulations, and several churches need major facade improvements.
The development proposed by the Tabernacle appeared to support the Redevelopment
Plan as it already exists in this location. They were not expanding, and the site plan
reflects the upgrading of the property, including landscaping around the site and parking
to Code. It also addressed the maintenance issues of the older structure by constructing
a new structure on the site.
Staff recommended approval of the request subject to the conditions contained in
Exhibit D.
Mr. Brake inquired if the project met or exceeded the landscaping requirements. Mr.
Breese responded they exceeded it in several areas, and in other areas, it met the
Code requirements.
Vice Chair Barnes inquired if construction of the new building would occur while the old
one remained and if a construction or phasing plan was submitted.
Ron Uphoff, 2907 NW 5th Avenue, Wilton Manors, Florida, responded they
recommended this to the owner. They had two requests; one was once the facility and
landscaping were completed, they would like to maintain First Avenue, to the west, as
far as light landscaping, ground plantings, small shrubs, but no large trees, since that
was not improved and would not be improved in the future. This would provide for the
existing facility to be used until the time of demolition and finishing the eastern part of
the site.
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Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 27, 2012
Mr. Breese explained Engineering would want to see a construction phasing plan. The
issue was if they had control over the unimproved right-of-way on First Avenue, or had
parking during the construction process. The construction area would be fenced so
parishioners would not be walking through a construction site. If that condition was
addressed with Engineering, staff would have no objection to the church operating until
the new church was finished.
Mr. Uphoff had no objection to submitting a construction phasing plan as a condition of
approval. He also commented a request was made to inspect the interior of the
structure prior to demolition, which he also agreed to as a condition of approval.
Mr. Uphoff provided a visual of the building. One notable improvement was the
landscaping. Currently, there were four or five scrawny trees, and a few very old ones.
Other than that, the site had no landscaping. They worked with the Water Management
District's new regulations to use drought resistant vegetation. They installed a sodded
area to the south of the building for a small recreational area. The rest of the site was
for parking.
A photometric panel would be affixed to a pole in front of the main entrance. Mr. Uphoff
sought to have this corrected and moved up onto the portico in lieu of the light pole. He
hoped to resolve this before the time of permitting as it would make the front of the
building more visually appealing. He was still waiting for a response, but felt the change
would be permitted. Mr. Breese clarified staff was amenable to this change and it would
be submitted at the time of permit.
The parking area would have drought tolerant St. Augustine grass, and Mr. Uphoff
noted the grass would only be parked on once a week. The property was currently
fenced with a cyclone fence, which would be maintained through the construction
process. The applicant would first address landscaping in the front of the property. They
installed a three-foot walkway along the front of the property. The street was only 20-
feet wide and the fence was 10-feet from the property line, which allowed for a seven-
foot landscape buffer and a three-foot walkway to allow for safe pedestrian access. Mr.
Uphoff hoped to start construction right away.
Chair Saberson opened the public hearing. No one coming forward, the public hearing
was closed.
Motion
Vice Chair Barnes moved to approve the Bride of Christ Tabernacle request for
Conditional Use and New Site Plan Approval subject to all staff conditions and subject
to the added conditions regarding submittal of a construction phasing plan to be
reviewed and approved by Planning and Engineering staff, and allowing the allowance
to play with the photometric plan at the permitting stage as may be approved by the
Engineering and Planning Department. Mr. Brake seconded the motion that
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Meeting Minutes
Planning and Development Board
Boynton Beach, FL
March 27, 2012
unanimously passed.
6. Other
None.
7. Comments by members
Mr. Brake noted Ms. Grcevic did a great job serving as Chair of the last meeting. Vice
Chair Barnes announced he was moving out the City and this would be his last meeting.
Motion
Mr. Brake moved to substitute Ms. Grcevic for Mr. Barnes as Vice Chair. Mr. Kravit
seconded the motion that unanimously passed.
8. Adjournment
Motion
There being no further business to discuss, Mr. Brake moved to adjourn. Ms. Grcevic
seconded the motion that unanimously passed. The meeting was adjourned at 6:55
p.m.
Catherine Cherry
Recording Secretary
032812
5
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 12-014
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: April 4, 2012
PROJECT NAME/NO: Publix Liquor Store / COUS 12-002
REQUEST: Request conditional use approval for a 1,300 square foot Publix liquor store at
the Boynton Lakes Plaza shopping center located at the southeast corner of
Hypoluxo Road and Congress Avenue within the C-3 Community Commercial
zoning district.
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Regency Centers, Inc.
Merriann Metz, Publix Super Markets, Inc.
Heather Ramos, Gray Robinson, P.A.
4770 North Congress Avenue (see Exhibit "A" - Location Map)
Local Retail Commercial (LRC)
Community Commercial (C-3)
Local Retail Commercial (LRC) (no change proposed)
Community Commercial (C-3) (no change proposed)
Publix liquor store in retail bay immediately south and abutting new Publix
grocery store.
9.95 acres (total shopping center) / 1,300 square foot retail bay.
Other retail bays within the Boynton Lakes Plaza shopping center, then right-
of-way of Hypoluxo Road, then farther north retail property located in
unincorporated Palm Beach County;
Other retail bays within the Boynton Lakes Plaza shopping center, then farther
south, the right-of-way of Plaza Lane;
Right-of-way of Boynton Lakes Boulevard, then residential properties within
Boynton Lakes North classified Low Density Residential (LDR) and zoned
Planned Unit Development (PUD); and
Staff Report - Publix Liquor Store
Boynton Lakes Plaza
COUS 12-002
Page 2
West:
Outparcels of Boynton Lake Plaza, then right-of-way of Congress A venue,
then farther west Meadows Shopping Center classified Local Retail
Commercial (LRC) and zoned Community Commercial (C-3).
PROPOSAL
Heather Ramos with Gray Robinson, P.A., agent for Regency Centers, Inc., property owner, is seeking
conditional use approval for a Publix Liquor Store at Boynton Lakes Plaza shopping center. The
proposed liquor store would be located in a 1,300 square foot retail bay, immediately south of and
abutting the new Publix grocery store (see Exhibit "B" - Site Plan). Publix would operate the business as a
package liquor store for sale of packaged goods only, with no on-site consumption. Liquor stores require
conditional use approval if proposed to be located within 200 lineal feet of a residential zoning district, per
Chapter 3, Article IV, Section 3.0. (Use Matrix) of the Land Development Regulations (LOR). Since the
retail space is located within 200 feet of the Boynton Lakes North subdivision, a conditional use is
required. A conditional use is defined in the LOR as a use that because of special requirements or
characteristics may be allowed in a particular zoning district, but only with conditions as necessary to
make the use compatible with other uses permitted in the same zone or vicinity.
BACKGROUND
The Boynton Lakes Plaza shopping center encompasses approximately 9.95 acres at the
southeast corner of Hypoluxo Road and North Congress Avenue. The shopping center was constructed
in the 1980's and has approximately 117,000 square feet of commercial buildings. The shopping center is
to be anchored by a new Publix grocery store that was approved in May of 2011 to replace that portion of
the center previously occupied by a Winn-Dixie grocery store. The approval for the new 45,600 square
foot Publix store also included a 1,300 square foot retail bay on the north and south side of the new
building, as well as fa<;ade improvements for the entire retail center and landscaping upgrades.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Chapter 3, Article IV, Section 4 of the Land Development Regulations contains the following standards to
which conditional uses are required to conform. The applicant has submitted a Justification Statement that
addresses each of the conditional use standards (see Exhibit "C" - Justification Statement). Following
each of these standards below is the Planning and Zoning Division's evaluation of the application as it
pertains to the conditional use standards.
Per the LOR, the Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of the zoning regulations and, in connection therewith,
may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria
below, or deny conditional uses when not in harmony with the stated purpose and intent of ensuring
compliance, public purpose, and compatibility. In evaluating an application for conditional use approval,
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 provisions have been made
concerning the following standards, where applicable:
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.
Staff Report - Publix Liquor Store
Boynton Lakes Plaza
COUS 12-002
Page 3
This application proposes no revisions to the existing vehicular circulation patterns and approved
ingress and egress locations for the site. The site currently has two (2) major points of ingress/egress
for the shopping center, one along Hypoluxo Road and one along Congress Avenue. There is also a
minor driveway off of Plaza Lane to the south, immediately behind and to the east of the Miami Subs
restaurant. Additionally, there is cross access from all of the outparcels. The site provides adequate
access and circulation for the general public, service deliveries and emergency personnel and
apparatus.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection 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.
There will be no changes to the off-street parking or loading areas with the requested conditional use.
Further, the proposed liquor store will not create additional parking demand within the shopping
center, and the provided parking and vehicular circulation conditions are adequate for the proposed
use. The liquor store will not generate additional demand for loading or deliveries above and beyond
the other tenants within the plaza, nor generate objectionable glare, noise or odors. There is an
existing six (6) foot high wall, hedge and Live Oak and Silver Buttonwood trees separating the loading
area from Boynton Lakes Boulevard to the east and the residential properties further to the east.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The service area for solid waste disposal and unloading of deliveries are currently provided on site to
the rear (east) of Publix, and screened from residential properties by the above-mentioned buffer.
The Publix Liquor Store will not generate any industrial, manufacturing, special or hazardous waste,
airborne pollutants, or require any special handling of solid waste, and therefore, will not negatively
impact the health, safety, or welfare of the surrounding community.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer, are available to the site and for use by all of the tenants. As a tenant within the
shopping center, the proposed use will not represent an increase in demand for City utilities.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Landscaping for the entire shopping center is part of the on-going renovation improvements. The
landscape buffering along Boynton Lakes Boulevard separating the shopping center from the
residential properties to the east consists of an existing six (6) foot high wall, hedge and Live Oak and
Silver Buttonwood trees. The landscaping provides adequate screening and buffering of the proposed
liquor store.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The lighting and signage is compatible with surrounding commercial and retail properties and will be in
harmony with the existing shopping center design. The approved lighting plan was designed to meet
all applicable code requirements with no spill over, glare or lighting onto adjacent properties.
Staff Report - Publix Liquor Store
Boynton Lakes Plaza
COUS 12-002
Page 4
7. Required setbacks and other open spaces.
All setback and open space requirements were met with the approved site plan. The proposed
conditional use will not impact the setbacks or increase building square footage. The tenant space will
be located on the south side of the Publix grocery store and have a minimum one hundred-ninety
(190) foot setback from the east property line; with the forty (40) foot Boynton Lakes Boulevard right-
of-way further separating the space from any residential development.
8. General compatibility with adjacent properties, and other property in the zoning district.
The recently approved renovations to update the shopping center and the proposed conditional use
are compatible with surrounding development and will benefit and serve the community. Surrounding
properties at this commercial node are similarly zoned and contain a mixture of commercial and
residential uses. The addition of the Publix Liquor Store next to the Publix Grocery Store will be an
asset by providing goods and services to the public, as well as complement the current uses of the
shopping center. Publix grocery stores currently sell a wide variety of beer and wine and have recently
begun selling liquors from abutting storefronts, similar to Walgreens pharmacies with a separate entry
for their liquor store. The impact of such uses has been negligible on, and compatible with, the
surrounding environment.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The only exterior modifications proposed are associated with the minor site plan modification to
provide a new fa<;ade for the entire shopping center. The building height will not be altered and the
shopping center will be maintained as a one-story structure which would not adversely impact the
surrounding community. The heights of all buildings on site are in accordance with the approved site
plan and are compatible with other commercial and residential properties in the vicinity.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The applicant indicates the store will have a positive economic benefit to the surrounding areas and
the City as a whole through job creation and an active business in the space. The applicant goes on
further to state, "Publix intends to and will operate the proposed package liquor store in a manner that
continues to support community values by ensuring that employees are properly trained in order to
prevent underage alcohol sales and so that the store itself is kept and maintained as clean and orderly
as the Publix grocery store".
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use
zoning district or redevelopment plan.
The proposed Publix Liquor Store would be one of several tenants within the existing Boynton Lakes
Plaza shopping center. The Community Commercial (C-3) zoning district in which the shopping center
is located is the only conventional zoning district other than CBO (the downtown commercial business
district) where this use is allowed. Liquor stores are also permitted in the planned district (PCO) and
the mixed use districts. The applicant states that the purpose of the C-3 district is to encourage the
development of appropriate intensive retail commercial facilities providing a wide range of goods and
services. Staff notes that a large shopping center within the Community Commercial zoning district,
Staff Report - Publix Liquor Store
Boynton Lakes Plaza
COUS 12-002
Page 5
located at the intersection of two (2) major arterial roads, would appear to be the appropriate location
for such a use, and only requires conditional use approval due to the proximity of residential property.
12. Compliance with and abatement of nuisances and hazards in accordance with the operational
performance standards as indicated in Chapter 3, Article IV, Section 1 of the Land Development
Regulations, and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15,
Section 15-8..
This typical retail use would conform to the operational performance standards of the City's code and
shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons,
animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to
interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise,
vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or
humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or
solid waste accumulation as outlined in Chapter 3, Article IV, Section 1 of the LOR. No adverse
impacts specifically related to sound quality are expected, and the property would remain in
compliance with all applicable noise control ordinances.
13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis performed by a certified acoustic engineer.
This is not applicable to the subject request for a package liquor store that would not permit on
premise consumption.
RECOMMENDATION
Based on the details contained in the above evaluation and analysis, and compliance with all applicable
development regulations, staff recommends APPROVAL of this request, subject to conditions contained
within Exhibit "0" - Conditions of Approval. The expiration of the conditional use shall be 18 months,
unless applicable building permits are issued or an extension request is filed prior to the expiration.
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes Plaza\COUS 12-002\Staff Report.doc
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SUITE 1400
301 EAST FINE STREET
P. O. Box 3068
FLORIDA 32802-3068
TEL 407-843-8880
fAX 407 -244-5690
FORT LAUDElIDALE
I
MEMORANDUM
KEY WEST
LA-ULAND
MELBOURNE
MIAMI
NAPLES
ORLANDO
TALLAHASSEE
TAMPA
407-244-5670
HRAMOS{GJGRAY-ROBlNSON.COM
TO:
City of Boynton Beach Planning & Zoning Division and City Commission
FROM:
Heather M. Ramos
DATE:
March 16,2012
SUBJECT: Conditional Use Standards -- Publix Liquors in the Boynton Lakes Plaza
Publix Super Markets, Inc., is requesting conditional use approval for a Publix Liquors to be located
directly next to the Publix grocery store in the Boynton Lakes Plaza. The conditional use approval is
being requested because the Boynton Lakes Plaza abuts a residential area. Section 3.E.27.b. of
Article IV of Chapter 3 ofthe City of Boynton Beach's Land Development Regulations requires
conditional use approval for a liquor store if located within 200 feet of a residential zoning district.
The location for the proposed Publix Liquors is in the Boynton Lakes Plaza, 4770 North Congress
Avenue, Space 202, as shown on the site plan which is included with the application. The total size
ofthe proposed store is 1,300 square feet.
The conditional use standards in Section 4 of Article IV of Chapter 3 of the City of Boynton Beach's
Land Development Regulations will be met as follows (Boynton Beach standards in bold):
The effect of the proposed use on the general health, safety, and welfare of the community.
Public health, safety, and welfare of the community will be preserved. Publix has an established
record of being a responsible alcoholic beverage vendor at this location as it has been selling beer
and wine from its grocery stores for off-premises consumption for a number of years in the City of
Boynton Beach with no known major problems or complaints related to its sale of beer and wine.
Publix employees will continuously clear the parking lot and surrounding store areas to pick up any
discarded trash and maintain a clean and safe shopping area. A high-quality security system will be
installed in the alcoholic beverage store to complement the existing security system in the grocery
store. Publix employees already have, or will, receive training on responsible alcohol beverage sales.
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; The proposed Publix Liquors will be filling a space
in an approved shopping center. Accordingly, there will be no effect on automobile and
pedestrian safety and convenience, traffic flow and control, and issues concerning access in case
\348180\14 - # 3050943 vI
www.gray-robinson.com
GRAyROBINSON
PROFESSIONAL ASSOCIATION
City of Boynton Beach Planning & Zoning Division and City Commission
March 16,2012
Page 2
of fire or catastrophe other than what was previously contemplated and accounted for when the
site plan for the Boynton Lakes Plaza was approved. It is expected that most customers of the
package liquor store will be existing customers of the Publix grocery store.
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection c.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; There will be no
changes or alterations to the off-street parking and loading areas. Minimum off-street parking
areas and the amount of space needed for the loading and unloading of trucks is available arid
will function properly and safely. There are more than adequate parking spaces at the shopping
center, and trucks making deliveries for the proposed store will use routes and spaces similar to
those currently being used for the grocery store.
The proposed package liquor store will not effect the peaceful enjoyment or economic value of
the adjacent and nearby properties and/or the city as a whole. To the contrary, it will benefit the
surrounding areas and the city because the new store will occupy space which may be otherwise
vacant in the Boynton Lakes Plaza. Approving the conditional use will benefit the adjacent and
nearby properties and the city as a whole because Publix intends to and will operate the proposed
package liquor store in a manner that continues to support community values by ensuring that
employees are properly trained in order to prevent underage alcohol sales and so that the store
itself is kept and maintained as clean and orderly as the Publix grocery store.
The proposed store will not cause objectionable glare, noise and odor. Specifically, there will be
no changes to the current Boynton Lakes Plaza lighting as a result ofthe store operation. The
only noise predicted are those which typically exist in a shopping center caused mainly by
customers and vehicles in the parking lot. There will be no odors generated as a result of the
store operation because the store plans to sell closed containers of alcoholic beverages for off-
premises consumption only.
3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2.
above; The proposed store will utilize the refuse and service areas which have already been
approved by the city to meet the requirements ofthe Boynton Lakes Plaza.
4. Utilities, with reference to locations, availability, and compatibility; Utilities are currently
being supplied to the Boynton Lakes Plaza and will continue to be supplied in the same manner.
5. Screening, buffering and landscaping with reference to type, dimensions, and character;
The proposed Publix Liquors site is already an approved unit in the Boynton Lakes Plaza,
accordingly these requirements have been met.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties; The only signs for the
proposed Publix Liquors will be signs approved by the city. The proposed store will not cause
objectionable glare. There will be no changes to the current Boynton Lakes Plaza lighting as a
\348180\14 - # 3050943 vI
GRAvRoBINSON
PROFESSIONAL ASSOCIATION
City of Boynton Beach Planning & Zoning Division and City Commission
March 16,2012
Page 3
result of the store operation. The signs and exterior lighting will be compatible and harmonious
with adjacent and nearby properties.
7. Required setbacks and other open spaces; Required setbacks and other open space
requirements have been met.
8. General compatibility with adjacent properties, and other property in the zoning district;
The proposed package liquor store is compatible with adjacent properties and other property in
the zoning district. Conditional use approval is being requested because the proposed Publix
Liquors will be located within 200 feet of a residential zoning district, however, approval is
compatible because the Boynton Lakes Plaza is located in the C-3 Community Commercial
District, and the purpose of the district is to "encourage the development of appropriate intensive
retail commercial facilities providing a wide range of goods and services. . . accommodating
three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare." The
proposed store will complete the shopping needs for the Publix grocery store customers, as well
as other shoppers in the shopping center.
9. Height of buildings and structures, with reference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole; The buildings and structures in the
Boynton Lakes Plaza have already received approval by the city.
10. Economic effects on adjacent and nearby properties, and the city as a whole; The proposed
store will have an economic benefit the surrounding areas and the city as a whole because it will
create jobs, and will occupy space which may be otherwise vacant in the Boynton Lakes Plaza.
Publix intends to and will operate the proposed package liquor store in a manner that continues to
support community values by ensuring that employees are properly trained in order to prevent
underage alcohol sales and so that the store itself is kept and maintained as clean and orderly as
the Publix grocery store.
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding
mixed use zoning district or redevelopment plan; The proposed package liquor store is
consistent with the general plan for the zoning district and is compatible with the surrounding
area. The Boynton Lakes Plaza is located in the C-3 Community Commercial District, and the
purpose of the district is to "encourage the development of appropriate intensive retail
commercial facilities providing a wide range of goods and services. . . accommodating three (3)
or four (4) neighborhoods and located adjacent to at least one major thoroughfare." The
proposed store will complete the shopping needs for the Publix grocery store customers, as well
as other shoppers in the shopping center.
12. Compliance with and abatement of nuisances and hazards in accordance with the
operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the
Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8;
and The proposed Publix Liquors will comply with all of the city's ordinances.
\348180\14 - # 3050943 vI
GRAvRoBINSON
PROFESSIONAL ASSOCIATION
City of Boynton Beach Planning & Zoning Division and City Commission
March 16,2012
Page 4
13. Required sound study and analysis. All conditional use applications for bars, nightclubs
and similar establishments shall include the following analysis performed by a certified
acoustic engineer: N/ A.
\348180\14 - # 3050943 vI
EXHIBIT "0" - CONDITIONS OF APPROVAL
Project Name: Publix Liquor Store (Boynton Lakes Plaza)
File number: COUS 12-002
Reference:
DEP ARTM ENTS INCLUDE REJECT
ENGINEERING I PUBLIC WORKS I UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. It is the applicant's responsibility to ensure that the application
request is publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City
Clerk.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes Plaza\COUS 12-002\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Publix Liquor Store
APPLICANT'S AGENT:
Heather Ramos, Gray Robinson, P.A.
AGENT'S ADDRESS:
301 East Pine Street, Suite 1400, Orlando, FL 32802-3068
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 15, 2012
TYPE OF RELIEF SOUGHT:
Request conditional use approval for a 1,300 square foot Publix
Liquor Store at the Boynton Lakes Plaza shopping center located
at the southeast corner of Hypoluxo Road and Congress Avenue
within the C-3 Community Commercial zoning district.
LOCATION OF PROPERTY:
4770 N. Congress Avenue, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 "D" 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
DA TED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes Plaza\COUS 12-002\DO.doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 12-019
TO:
Chair and Members
Planning & Development Board
Kathleen Z~itler 11
Planner II IAl/l.,
Michael Rumpf .
Director of Planning & Zoning
FROM:
THRU:
DATE:
April 23,2012
J L Vending MVU at Lowe's (MVU 12-001)
Request for Mobile Vending Unit Permit
Proposed Food Vendor on Private Property
RE:
BACKGROUND
The above-referenced request was filed pursuant to Ordinance 07-024, which was
approved on September 18, 2007. This ordinance established a system to review,
approve and regulate mobile vendors (a.k.a. Mobile Vending Units, MVUs) within the
City, with various standards and requirements depending upon whether the MVU is
proposed on public or private. property, and whether the MVU would provide the sale of
merchandise, food, or services. Services to be allowed are limited to selected personal
services such as portraits, body art (temporary tattoos) and hair braiding; automobile
wash and detailing; and the repair of small household goods and tools.
The purpose of the MVU Ordinance is to provide for the regulation of street and
sidewalk vending activities in certain commercial and mixed-use zoning districts of the
City, in order to more fully promote the public interest by contributing to an active and
attractive pedestrian environment.
The MVU regulations require that the unit be self-contained and removed from the site
each night. The ordinance also requires that all proposed MVUs be properly separated
a minimum of 300 feet from selected uses such as a park, playground, school, place of
worship, residential zoning district, or a fixed business that sells like goods or provides
similar services. A minimum distance of 100 feet is required from another existing
MVU.
Lastly, final review of applications filed under this ordinance is conducted by the
Planning & Development Board. Only appeals filed in connection with Board action on
a MVU request would be heard by the City Commission.
J l Vending MVU at lowe's (MVU 12-001)
Page 2
PROPOSAL
The subject request is for an MVU permit to provide mobile food vending services
through a self-contained mobile kitchen prep trailer (8.5' by 16'). The proposed site for
the MVU is at Lowe's Home Improvement, 1500 Corporate Drive, located west of 1-95
on the south side of Woolbright Road (see Exhibit "A" - Site Location Map). Food such
as hamburgers, hot dogs, french fries, and various beverages would be sold from the
custom MVU proposed near the front entrance to Lowe's (see Exhibit "B" - Site Plan).
The MVU would be situated so as not to interfere with pedestrian or vehicular traffic
patterns, and positioned so that at least four (4) feet of clear passage remains. Total
operating area is approximately 13' by 17' or 221 square feet). Although City
regulations set a maximum operating area of 72 square feet for those placed on public
rights-of-way, there is no maximum operating area (or maximum height) applicable to
MVUs placed on private property. Two (2) full-time employees are proposed and hours
of operation would be Monday through Saturday from 6:00 am to 6:00 pm, and Sunday
from 8:00 am to 6:00 pm.
ANAL YSIS
Staff has reviewed the design of the vending unit and the proposed location to
determine if it would comply with all applicable City regulations. Per Ordinance 07-024,
staff shall consider the following criteria in making their determination:
a. Mobile vending units are Umited to one assigned location and each unit in that
location must be compatible in materials and color with the surrounding urban
environment.
b. No permit shall be issued for a location within 100 feet of a location for which a
street vending permit has already been granted.
c. The operating area must be located entirely within a commercial or mixed-use
zoning district.
d. The use of the vending devices must be compatible with the public interest in the
use of the public ways and public rights-of-way.
e. A minimum clear passage of a four (4) foot sidewalk width must be maintained
for pedestrian travel at all times.
f. A mobile vending unit shall not be placed within 300 feet of the property line of
any public or private day care, school, park, or playground, or a single-family
residential zoning district.
g. A mobile vending until shall not be placed within 300 feet of the property line of
any established ongoing legally zoned business selling similar foods or other
merchandise.
h. A mobile vending unit shall not be placed within 300 feet of the property line of
any church, temple, mosque, synagogue or other place of worship.
J L Vending MVU at Lowe's (MVU 12-001)
Page 3
RECOMMENDATION
This request has been reviewed by staff and any outstanding comme.nts have been
formulated into conditions of approval and must be satisfied prior to obtaining the MVU
permit and operating the business. After the condition of approval is satisfied, this
request will fully meet all applicable city requirements, as described by the attached
checklist and additional exhibits. The sole remaining condition reads as follows:
1. Prior to issuance of the MVU permit, the applicant shall be required to submit to
Planning and Zoning all of the following:
a. Evidence of all required current state and county permits and approvals for
vending at this location
b. Workman's Compensation insurance or waiver for such provided by the vendor's
insurance agent
c. All applicable fees: $50 for each MVU, and fee for business tax ($250 MVU
application filing fee has been paid to the City).
Staff recommends APPROVAL of the 'request for an MVU permit, subject to the
aforementioned condition of approval. Any changes to conditions of approval made by
the Board will be documented in the mobile vending permit to be issued to the applicant.
The applicant has received a copy of Ordinance 07-024 pertaining to the regulations for
MVU's, and has stated that he will comply with all applicable regulations, including
removing the MVU from the site each day. The applicant also agrees with staff's
recommended condition of approval.
If approved, the MVU permit would be effective as of the nearest first day of the month,
and would expire one year from the effective date. The MVU permit is required to be
renewed annually at least 30 days prior to the expiration date.
Attachments
cc: Maxime Ducoste-Amedee
S:\Planning\SHARED\WP\PROJECTS\Jl Vending at lowe's MVU\Staff Report.doc
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to be in compliance with section
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MOBILE VENDING UNIT (MVU) REVIEW CHECKLIST
REVIEW CRITERIA & INFORMATION YES NO N/A
GENERAL REVIEW (APPLIES TO ALL MVU'S):
Type ofMVU: ~ FOOD MERCHANDISE SERVICE
-
Do items conform to approved items in Ordinan<?~~Z -024 match? ..J
Zoning district on the property of the proposed MVU: C-3
Does the proposed MVU block or congest access to or around existing
street furniture, traffic control devices, signposts, lampposts, parking
meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping,
public art, and refuse containers? ..J
Would the proposed MVU interfere with/influence current or future
pedestrian or vehicle traffic patterns? ..J
Predominant colors and architectural materials in area? Lowe's building
walls are cream color. signage and trim is blue and white
Materials and color ofMVU? Blue with chrome and red trim
Compatible? ..J
Width of the sidewalk/pedestrian passageway remaining near proposed
MVU: 6 + feet
Does at least 4 feet of clear passage remain on the sidewalk where the MVU
is proposed? ..J
Is there at least 300 feet separating the proposed MVU and any park, school
or day care (private or public), place of worship, public park/playground or
zoning district limited to single-family homes? ..J
Is there at least 300 feet separating the proposed MVU and a fixed business
that provides goods or services similar to proposed MVU? ..J
Location of nearest of existing MVU: Home Depot (predates MVU Ord)
Meet minimum separation requirement of 100 feet? ..J
FOR MVU AS CAR W ASH/DETAILING SERVICE:
If unit is stationary, what is the source of water? ..J
Are back-flow preventers in place at place of hook-up? ..J
FOR MVU'S ON PRIVATE PROPERTY:
Would the proposed MVU diminish required parking spaces? ..J
Total operating area:
Is proposed operating area the minimum necessary to reasonably perform or
provide said service(s)? ..J
FOR MVU'S ON PUBLIC PROPERTY:
Dimensions ofMVU: ..J
MVU less than size limits? ..J
Total area in square feet of the entire operating area (must be < 72 sf):_ ..J
Width of sidewalk where MVU is to be located: ..J
Width at least 10 feet? ..J
Would the MVU result in congested public ways or create a safety hazard? ..J
S:\Planning\SHARED\WP\PROJECTS\\JL Vending MVU at Lowe's\ Review Checklist.doc
CITY OF BOYNTON BEACH
Office Use Only
Date ofSubmittal*:
\
Planning and Zoning Division
100 East Boynton Beach Blvd.
Boynton Beach, Fl 33435
Phone: (561) 742-6260
Date of Board Approval:
Effective Date (1st day of month):
Expiration Date (l yr):
City applications and
codes may be accessed
via City website: /).;
M~~t:_b~ach:gD I
www.amlelpll.com
07-13-2010
*Complete applications are considered in order they are received for any particular vending location and area.
MOBilE VENDING UNIT APPLICATION
I. GENERAL INFORMATION: This application must be filled out completely, accurately, and
submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed.
Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed
application as part of the submittal, and pay the applicable fee as adopted by the City Commission. This
process is further described in Chapter 2, Article II, Section 6.C of the Land Development Regulations.
A. PRE-APPLICATION CONFERENCE"': Yes: 0 Date(s):
* Pursuant to Chapter 2, Article IT, Section l.C.2 of the Land Development regulations, a pre-application conference shall be
required prior to the submittal of this application.
B. APPLICANT INFORMATION:
1. Name: Joseph Levy
2. Home Address: 9766B Boca Gardens Parkway
City: Boca Raton
Phone: 561-213-6777
State: Florida Zip Code: 33496
mail: JLevy@JLVending.net
C. BUSINESS INFORMATION:
1. Company Name: JL Vending Inc.
Address: 10058 Spanish Isles Boulevard #F-19
City: Boca Raton
Phone: 561-213-6777
State: Florida Zip Code: 33498
Email: JLevy@JLVending.net
2. Type of Mobile Vending Unit (MVU)*:
Food: 0 Merchandise: D Personal Service: 0
* Check all which apply to proposed MVU.
3. Description of Food, Merchandise, and I or Personal Service: Hot Dogs, Hamburgers,
French Fries, various beverages.
4. Commissary Name (food only): JL Vending Inc.
Address: 10058 Spanish Isles Boulevard #F-19
City: Boca Raton
State: Florida
Zip Code: 33498
1
D. SITE AND PROJECT INFORMATION:
1. location (check all which apply):
Public Property: 0
(e.g., public sidewalk, street)
Private Property: .I If' l
Below, please indicate the name and address of the subject property owner or that which
immediately abuts the proposed location.
Name:
Lowe's Home Improvement
Address: 1500 Corporate Drive
City: Boynton Beach
Zip Code: 33426
2. Zoning District (from Official Zoning Map): C3
E. CERTIFICATION: (I) (We) understand that this application and all papers and plans submitted
herewith become part of the permanent records of the Planning and Zoning Division. (I) (We) hereby
certify that the above statements or showings in any papers or plans submitted herewith are true to the
best of (my) (our) knowledge and belief. This application will not be accepted unless signed according
to the instructions below.
lA-A--.
Signature of Owner(s) or Trustee, of
authorized principal if property is owned by a
corporation or other business entity.
Bi~ 1'.9.-
ate
OR
Signature of contract purchaser (if applicant).
Date
II. MANDA TORY DOCUMENTS: Unless otherwise specified below, the applicant shall be required to
submit to the Planning and Zoning Division, the non-refundable $250.00 application fee and each of the
following:
A. CONSENT: If the MVU is proposed on private property, the applicant shall provide written consent to
operate on premises; however, if proposed on public property (e.g., sidewalk), applicant is required to
obtain written consent from the abutting property owner (or tenant) if such abutting property is occupied
by a single business.
B. BUSINESS TAX RECEIPT: The applicant shall provide a
copy of the valid business tax receipt from the associated
Restaurant or Nightclub.
Office Use Only
Business Tax Certificate #
C. PERMITS: The applicant shall provide copies of the State of Florida and / or Palm Beach County
pennits and required approvals.
2
D. INSURANCE:
1. The applicant for the MVU shall secure and maintain in force, throughout the duration of this
permit, comprehensive general and automobile liability insurance with a minimum coverage of
$1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence
/ aggregate for property damage; and, professional liability insurance in the amount of
$1,000,000 (all professional contract services);
2. The general liability policy shall name the City of Boynton Beach as an additional insured and
shall include a provision prohibiting cancellation of said policy except upon 30 days prior
written notice to the City.
3. The successful operator shall secure and maintain in force throughout the duration of this
contract workers' compensation insurance to statutory limits.
4. The successful operator shall furnish the City with a certificate of insurance after award has been
made prior to the start of the permit. Said insurance companies must be authorized to do
business in the State of Florida and the City will not accept any company that has a rating less
than B+ in accordance with A.M. Best's Key Rating Guide, latest edition.
E. STATEMENT: The applicant shall submit a signed statement acknowledging receipt and
understanding of the City's MVU regulations, and a promise offuture compliance with such regulations.
I Joseph Levy
,
Applicant's Printed Name
, applicant for approval to operate a Mobile Vending
Unit with the City of Boynton Beach, acknowledge receipt of City of Boynton Beach regulations
pertaining to such MVU.
3/21/12
Date
Joseph Levy
Applicant's Printed Name
F. DRAWING: A scaled drawing shall be required, which shows the proposed dimensions, area
(expressed in square feet), location, and configuration of the MVU, associated equipment, and total
operating area.
G. PHOTOGRAPHS AND ELEVATIONS: The applicant shall submit photographs, elevation
drawings, and the manufacturer's brochures showing length, width, height of all appurtenances, such as
umbrellas and awnings. The applicant shall also submit a photograph or other graphic which shows any
proposed signage that would be attached or leaning against the MVU.
H. PAYMENT OF FEES AND RENEWAL: If this application is approved, the fee shall be $50.00 per
MVU in addition to City of Boynton Beach Business Tax fees to be collected prior to the issuance of
any license. Renewal for a business that remains unchanged since original application and approval
shall be required to pay only the associated renewal fees ($50.00 plus Business Tax fees). Approvals
shall be issued for no longer than one (1) year. Renewals shall be requested a minimum of 30 days prior
to expiration. S:\Planning\Forms\Applications\New Applications (LDRRewrite)\MVU.doc
3
FORM
or
Rick Soott, Governor
Ken Lawson, Secretary
APRIL 20, 2012
JL VENDING INC
97668 BOCA RATON GARDENS PKWY
BOCA RATON, FL 33496
RE DIVISION OF HOTELS AND RESTAURANTS PLAN REVIEW
LICENSE TYPE: 2014 MOBILE FOOD DISPENSING VEHICLE
APPLICATION NO. 60464
FILE NO. 31087 LOG NO. HQ-12-4161
DEAR PLAN REVIEW APPLICANT:
CONGRATULATIONS ON YOUR DECISION TO OPERATE
A RESTAURANT IN FLORIDA! I HAVE APPROVED THE
PUBLIC FOOD SERVICE ESTABLISHMENT PLANS FOR
JL VENDING INC, 10058 SPANISH ISLES BLVD F-19,
BOCA RATON, FL 33498, AS OF APRIL 20,2012, WITH
THE FOLLOWING CONDITION(S):
PLEASE HAVE THE ABOVE INFORMATION OR PROOF
OF COMPLIANCE WITH THE CONDITIONS READY FOR
THE INSPECTOR AT YOUR OPENING INSPECTION. THE
CONDITIONS LISTED ABOVE ARE REQUIRED TO PASS
YOUR OPENING INSPECTION. PLEASE INCLUDE THE
FILE NUMBER AND LOG NUM8ER LISTED ABOVE ON
ANY DOCUMENTS SUBMITTED. YOUR PLANS ARE
ONLY APPROVED AS SUBMITTED TO US AND WITH THE
AS'OVE CONDITIONS. CHANGES IN PROPOSED
OPERATIONAL PROCEDURES MAY REQUIRE
ADDITIONAL EQUIPMENT AND CERTAIN CHANGES MAY
REQUIRE A NEW PLAN REVIEW. IF YOU DECIDE TO
CHANGE THE MENU, EQUIPMENT OR OPERATION,
PLEASE NOTIFY US IMMEDIATELY.
YOUR PLAN APPROVAL IS VALID FOR ONE YEAR FROM
THE DATE OF THIS LETTER, SO YOU MUST LICENSE
THE PROPOSED ESTABLISHMENT BEFORE THEN. IF
YOUR PLAN APPROVAL EXPIRES AFTER A YEAR, YOU
MAY HAVE TO COMPLETE THE PLAN REVIEW PROCESS
INCLUDING FEE PAYMENT AGAIN. IF YOU ARE NO
LONGER IN CHARGE OF THIS PROJECT, PLEASE
FORWARD THIS LETTER TO THE CORRECT PERSON
OR COMPANY.
WHEN THE CONSTRUCTION IS COMPLETE, PLEASE
CALL OUR CUSTOMER CONTACT AT TO
REQUEST CONTACT FROM AN INSPECTOR TO
SCHEDULE AN OPENING INSPECTION. BE READY TO
PROVIDE THE FILE NUMBER LOCATED AT THE TOP OF
THIS LETTER. PLEASE ALLOW 1-2 DAYS FOR THE
INSPECTOR TO CONTACT YOU TO SCHEDULE THE
INSPECTION.
GOOD LUCK WITH YOUR ENTERPRISEI
SINCEREL Y,
EDWARD BOUZA
PLAN REVIEWER
ENCLOSURE(S)
1940 NORTH MONROE STREET
TALLAHASSEE, FLORIDA 32399-1011
Yll">N,MllFIl:l!'idllLicense..com
License Efficiently. Regulate Fairly.
Edward Bouza
APPROVAL
20,20122:43 PM
II
Email: Edward.BouzatmdbDr.state.f1.us
From: Joe levy [mailto:jlevy@jlvending.net]
Sent: Friday, April 20, 2012 2:09 PM
To: Bouza, Edward
Subject: Re:
Joe Levy
ilevv~ilvendina.net
----Original Message--
From: Bouza, Edward <Edward.Bouza~dbDr.state.f1.us>
To: 'JLEVY@JLVENDING.NET<JLEVY@JLVENDING.NET>
Sent: Fri, Apr 20,20122:07 pm
Service - Education - Compliance
Edward C. Bouza II
Plan Reviewer
Office of Program Quality
Division of Hotels and Restaurants
Phone: (850) 488-1133
Fax: (850) 414-2949
Email:
310!ll1 APPROV Al.dl1>>!::
Gallon
r----j
I I
I I
I
MIFIlV fiR
DBPR - JL VENDING INC; Doing Business As: JL VENDING INC, Mobile Food Dispensing Vehicle
Page 1 of 1
3~'23:32 PM 4/1912012
Name:
(Primary
JL
PKWY
Main
BOCA
PALM
PALM
license
License
Status:
Licensure
1940 North Monroe Street. TiilIllaluu.see fl32399 :: Email: CustomerCol.ltilli:t Center:: Customer Contact Center: 850.487.1395
The State of Florida is an AA!EEO employer. CODvriallt 2007-2010 State of Florida. Privacy Statement
Under Florida
public-records
e-mail addresses are public
do not send electronic mail to
have any questions,
e-mail address released in response to a
Instead, the office by phone or by traditional mail If you
CN",\C! 850.487,1395,
https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=53648BC6F5275618A3Cl OAB74A3B2791 4/19/2012
01/25/2012
--- 1"
I\CORY
16:27
5613188943
THE BYERS AGENGY
PAGE
01/01
CERTIFICATE OF LIABILITY INSURANCE
.2 20
THiS CERTIFICATE IS ilSSUW AS A. MA"ITER OF INFORMAnoN
Om. V AND CONfeRS NO RIGHTS UPON lME CEflTlflCATEi
HOLDER. THlS CERl1FJC1.TE OOES NOT AMEND, IEXTEND OR
~ AFFORDED BY THE POUCIES BELOW.
'1IDD1,ICi:R
The 'Byerl$ ~
2"45 Ii" COflqNSS A~
~e Worth. ~!"l 33461
561-9'4-5533
~~ Elltpire I"ood Serv1C19dJ, LLC
1298 9858 C1int MOore Rd.,
Su1te 111
Boca Raton, PI. 33496
JOUBERS AFfORDING coveRAGE
m8UFER it. SOOttada.la :rnBunnca Campany
INSuRER D:
JN8IJI'I.M C:
lJIlSURER D:
INSURER 8'
NAIC#
:OVERAGES
THE POlIGIES OF INSURANCE LISTED as..ow IiAVE BEEN ISSUEDTO THE INSURED NAMED ABOVlii FOF{ "'!'HI!; POLleY PERIOD INDICATED. NOTWIT1iST.A/IIOING
ANY REQlIlRB4l:NT. TERM oR CONDITION (If /'lNY CONTRACt .oR .ol"HER !JOCUJIAENi Wmi RESPeCT TO WHICH TIllS CERTIFICAtE W\Y BE lSSI.lED OR.
Mr\Y PERT....IN, 1'HiO IN$UMNCE AFFORDED BY THE POL.ICIES Pfi:~I~ H"~~N IS $t)D,l1!CT TO All THE TERMS. EXCLUSIONS A'll> CONDITIONS Of SUCH
POlICIES. AG~TE LIMITS SliOWN MAY HAVE aa:;N ~1;;00(;.E1l BY PAID ClAIMS.
~ = POUCYNUMBER ~.Q\PIAATION LIMITS
~HeRIIL LIABILITY EACH ~ 1$ 1..000 000
X nOMMEfiCrAl GENERAlllAlllUTY ~I&a 1$ 'I hn 'ru"lO
CI.AlMSMADE[i]OOOUR M.E.D EXP (A/llt one D8I1Mln) Is 5 .000 I
A X ~ CPS143S930 09/09/11 09/09/12 ~ONA,I." A1;NINJllRY TIB 1.000 000
GeIEWll.. ~TE S 2.000 000
,.,,0.1\ ifill
-iiL ~ LIMIT ""n P!!R f'ROOOOT8 - CQMPIOP AtilG $ 1.000.000
X POlICY' lOG
~E UABII.l"TV COMBINED SIN&E U11/UT $
ANVN.mJ ,e..~
~
- ~t, OWNEDAlmJS 8O01l Y INJUIW
(per penlIlI1) S
- SOHIiOOlED AUTOtl
- HIAED AlJrOS SOOII.. V INJURY
(~ aooldml) $
- NOH-OWNED A1JT'OS
- PROPCRTY 0IIfVIAGE S
(Pllf~)
=rE~ Al.ITO ONLY - E.A ,ACCIDEI\JT $
ANYAUTO O'l'HEfl THAN EAACC S
.--
AmOOM,Y; ~ $
exCE.S$ } IJMf3REUA UABIU1'Y EACH oCCuAA6NCE S
::J OOOUR [] CI.AlM$~ AAlGAEGATE '.
S
=J tS)UCTIIllE S
RETENTION $ . . . . .. ... I
WORI(ERS COMPENSATION -'15T"w-. ,T 10m- .. .. . .
AND EMPl..O'VERS' U.t\oBILITV '1'111I
Wf ~1ImlRJp~IW 0 lit. Fi.ACl-t ACCIDENT $
~R EI\\:;!.\IOtr;l?
~IlII11l) E.!.. OIS~E-EAEMPlOVe: s
11' . tlur:tibe LtIldf!t
sm-IJ\L I'R.OWOONS bIlloW e.L ~ -POI..ICV LIMIT "
OTHeR
OOS(l.RlPT1Ofl OF OPEfY<11o..l1l ,~11ON9/\IEHICLEB tf1XCl~ ~ BY ENDOIUlEMENT I SPECiAl i"!WV\$1Ot4$
Loea:ti.on: Lowe's Store #1111, 1500 Copo~at:e ])rive, Boynton Beach, n. 33426
Ope~,jjltor: J L V.ending', Ino. , s't:teet Bats Lm, Lowe J a Home IJDPJ:'cwGment
Warehouai&s In-a., and C.i:ty of BOynton Beach are J.1st.ed.
as addi. t.i.onal inl,llU%'8d..
CElLATION
IIII101lLO NiY OF TII& AII'lJIIIE *CI'tIIIIIII ~ BE C,ANCEU.ED ~IifIOftE TI1IO ~TIOII
PAl'Ii 'II!EIIEllF. me __ INISIJIlI!III: lMU, i;IIIVEAYOa 10 __ .!Q.... QAYlI WillTTEII
NOTICii W TH!I' ~'IIl -.oIiR NAIIIIED TO 11IE 1.B'f. IIiJI,I'I' F4II.IlBE TO 110 1IO IIIW.I..
_0lII! He 0IIeJIAA1JOIIi OR I,CIlI!1Q"[Y Of' MV UlD UI'<lN "I1lIi IIlIIIIJREII, rIl1 AGE\'lI$ 011,
CISI=t.T1FICA. n! HOl..I')Eft
S't:eei; Eai:.~ L'.rD
100 Maadow Lane North
ttirmiapolis, MN 55422
AOOml25(llOO9I01)
@1
The ACORD name and 'Ioge .lII1'8 BUgiSile8t!d marks fJf
PORA11ON. AI f'IgMIs~.
DBPR HR-7031 - Division of Hotels and Restaurants Application for Mobile Food Dispensing Vehicle license with
Plan Review
STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
1940 North Monroe Street, Tallahassee, Florida 32399-1011
For Office Use Only
Phone: 850.487.1395 - E-mail: dhr.planreview@dbpr.state.fI.us
Internet: www.MyFloridalicense.com/dbpr/hr/
NOTE - Please submit completed application with plans, fees and supporting documents in Section 8.
Log
Number
File
Number
Section 1 - Office Use Onl
Initials
$150 Plan Review Fee + License Fees
Money Order #.
Month
Please check the appropriate box and provide information as applicable.
~ Mobile Food Dispensing Vehicle (2014IMFDV) D Hot Dog Cart (20141HTDG)
# of Theme Park Food Carts (For fee calculation purposes only)
Vehicle Identification Number (VIN)
D Theme Park Food Cart (2012)
Please check the appropriate box and provide information as applicable.
~ New Vehicle(s) 0 Change of Ownership
(previously licensed within the last year by H&R - please provide current license '# below)
OFFICE USE: TRANSACTION 1034: 2012-PARK. TRANSACTION 3020: 2014-HTDG
TRANSACTION 1035: 2014-HTDG I TRANSACTION 1036: 2014- MFDV TRANSACTION 3021: 2012-PARK. 2014-MFDV
License Number (change of ownership only) " Under the Federal Privacy Act, disclosure of
Social Security Numbers is voluntary unless
specifically required by Federal statute. In this
instance, disclosure of social security numbers
20-8045393 is mandatory pursuant to Title 42 United
States Code, Sections 653 and 654; and
074-70-3621 sections 409.2577,409.2598, and 559.79,
Florida Statutes. Social Security numbers are
used to allow efficient screening of applicants
and licensees by a Title IV-D child support
agency to assure compliance with child
ort 0 ions.
Note: This address will be designated as the "address of record" for the owner of this establishment.
FOR ESTABLISHMENTS OWIllED OR OPERATED BY PARTNERSHIPS. CORPORATIONS QR COOPERATIVES, please attach a separate sheet or sheets listing the name, address,
and social security number of each person who owns 10% or more of the outstanding stocks or equity interest in the licensed activity and the name, address, and social security numbers"
of each officer, director, chief executive, or other person who, in accordance with the rules of the issuing agency. is dlllenninad to be able directly or indirectly to conlrollhe operation of the
business of the licensed e . _
Owner Name (please check one: Corporation 0 Partnership 0 Individual)
Jl Vending Inc.
Routing Name (e.g., Management Company, contact name)
JL Vending Inc.
Street Address or Post Office Box
9766B Boca Gardens Parkway
City State Zip Code (+4 optional)
Boca Raton Florida 33496
Florida County (if applicable) Country
Palm Beach United States
Phone Number E-Mail Address
561-213-ffl77
Establishment Name (DBA)
JL Vending Inc.
Florida Driver License # Florida License Tag '#
L100-485-71-335-0 U351YB
Street Address (primary commissary address for mobile food dispensing vehicles or hot dog carts)
10058 S anish Isles Boulevard F-19
City Zip Code (+4 optional) Florida County
Boca Raton 33498 Palm Beach
Phone Number E-Mail Address
561-213-6777 JLevy@JLVendin .net
"notot A..,.,..",.""
e::otf"_ot nn" r::Af"
Da,.,.. 7 "of otl:;
DBPR HR-1031 - Division of Hotels and Restaurants Application for Mobile food Dispensing Vehicle license with
Plan Review
Section 6 -Mailing Jnfortnation (l...1VI
Note: This address will be used b the de artment for all mailin 1$, includin the license.
Complete below or check here if: Same as Section 4 - Owner and Main Address Same as Section 5 - Establishment Location 0
Routing Name (e.g., Management Company, contact name)
Street Address or Post Office Box
City
State
Zip Code (+4 optional)
Florida County (If applicable)
Country
Phone Number
E-Mail Address
Seasonal: Will this establishment be operated only during a particular time period during the year?
If Yes, indicate the seasonal dates in which the establishment will be open for operation below.
Start Date I I End Date I
DYes
ONo
Catering: Will this establishment offer catering service, either as a primary or secondary service?
DYes
~No
Section ' SUli!Pomirnm lEIoclJJmEl'l1lts
Please attach the following documents:
. Minimum of two (2) sets of scaled plans showing all kitchen equipment, plumbing fixtures, bars, storage areas, etc. We will keep
one set for our records. You ma submit as man sets of lans that 01,1 need stam ed for local authorities.
. DSPR HR-7022-Division of Hotels and Restaurants Commissary Notification for all commissaries to be used by this
vehicle. We cannot a rove the lans without the information on this form.
. Proof of Approved Water and Sewer forr each proposed commissary location - You may submit a recent copy of water and/or
sewer bill as proof of approval. If your business is on a well or septic tank, or if you do not have a copy of your water/sewer bill,
please submit a completed EVALUATION OF ONSITE SEWAGE (SEPTIC) AND WATER SUPPLY CAPACITY form with your
plans. Your local authority must sign this form. Grease traps must meet all local plumbing codes and be located so they can be
easil cleaned.
. Equipment Specifications (If proposed equipment is not customary for food service operations)
-
SectIOn 9 - Plan Review Typ
Please check the box that best describes our establishmElnt Please check onl one/)ox.
.
Menu Information (list all foods that will be served from your vehicle)
- Hot Dogs
- Jumbo Hot Dogs
- Italian Sausage
- Polish Keilbasa
- Chips
- Pretzels
- Water
- Gatorade
- Soda
- MonsterlRed Bull (energy drinks)
")n11 .11.",.,,,..+.,.,
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DBPR HR-1031 - Division of Hotels and Restaurants Application fOI" Mobile food Dispensing Vehicle license with
Plan Review
The wastewater tank must be at least 15% larger than the fresh water tank. Tanks must be a part of the vehicle.
Water Tank Size (gallons) and location
38 Gallons located under the sink area
Water Heating Device Size (gallons) and location
6 Gallon Elecl:ric hot water heater located below the sink.
Wastewater Tank Size (gallons) and location
50 Gallons located under the sink area
Vehicle Interior Finishes (for enclosed units only-e.g., FRP, vinyl, painted metal, etc.)
Floor commercial duty vinyl
Cove Base (Baseboards)
Walls
alluminum
alluminum
Ceiling
alluminum
Section 11 - Signature I I
SECTION 559.79 (2), FS: Each application for a license or renewal of a license issued by the Department of Business and
Professional Regulation shall be signed under oath or affirmation by the applicant, or owner or chief executive of the applicant without
the need for witnesses unless otherwise required by law.
I certify that I am empowered to execute this application as required by Secl:ion 559.79, Florida Statutes. I understand that my signature
on this written declaration has the same legal effecl: as an oath or affirmation. Under penalties of perjury, I declare that I have read the
foregoing application and the fads stated in it are true. I understand that falsification of any material information on this
a lication ma result in criminal enal or administrative action, includin a fine, sus ension or revocation of the license.
Applicant Name
Applicant Title
President
Date
Signature
Complete the application and supporting documents and mail them with the appropriate fees to the address on this form.
Please use the entire 9-digit zip code in the address to ensure proper handling.
..,n11 A ........"'+ ..,..,
~1f"~1 nn.., &::"Af"
0"'...... Q nf 1J::
_~___________d_____~_________________________________________~~_______________'-
Firm Number
327272
Fee Amount Peid
Permit Number
: 1374464
: 12-3275660..3405925
9
is
Jl
DACSl4S03
Food Permits are business or p91SOn in the business of
food at wholesale or retail. This Permit be notice fur of
are for this Food Permit each year. For renewal
rulss. YOLl
at
DBPR HR-1022 -Division of Hotels and Restaurants Commissary Notification
STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
1940 North Monroe street, Tallahassee, Florida 32399-1011
For Office Use Only
Log
Number
Phone: 850.481.1395 - E-mail: dhr.planreview@dbpr.state.fI.us
Internet: www.MyFloridalicense.comJdbprJhrJ
File
Number
Owner Name
JL Vending Inc.
Vehicle Name (DBA)
JL Vending
Phone Number (include area code)
561-213-6777
License Number
Section 2 - Primary Commissary Inforrnatiolil I
Primary Commissary Name
JL Vending Inc.
Commissary Address
10058 Spanish Isles Boulevard #F-19
City
Boca Raton
Primary Phone Number (include area code)
561-213-6777
Primary Commissary License Number (if available)
327272
Zip Code (+4 optional)
33498
County
Palm Beach
Primary E-Mail Address
JLevy@JLVencling.net
I!I Department of Agriculture & Consumer Services 0 Department of Health 0 None
I
Water Supply I!J Municipal/Utility I Supplier Name Palm Beach County Water Utility Department
of Primary Commissary I 0 On-site Well I Permit Number
I ~ Municipal/Utility I Supplier Name Palm Beach County Water Utility Department
I I
Wastewater Disposal II 0 Septic Tank System I" Permit Number
of Primary Commissary .
I
I 0 Package Plant
I intend to conduct the following activities at my primary commissary:
Dish or equipment washing I!I Yes 0 No Storing food (including ice or drinks)
Dumping wastewater I!J Yes 0 No Storing dry goods
Receiving potable water I!I Yes 0 No Cooking and/or reheating food
Washing the outside of the vehicle [!I Yes 0 No Other (Describe below)
Licensed By
~Yes
[!I Yes
1?9 Yes
19 Yes
ONo
ONo
ONo
ONo
-
Section 3 - Signatur " ,
I certify that I am empowered to execute this application as required by Section 559.79, Florida Statutes. I understand
that my signature on this written declaration has the same legal effect as an oath or affirmation. Under penalties of
perjury, I declare that I have read the foregoing application and the facts stated in it are true. I understand that
falsification of any material information on this application may result in criminal penalty or administrative
action, including a fine, suspension or revocation of the license. I understand that failure to complete the
a lication or submit re uired documentation will dela rocessin or a roval of lans and licensure.
Print Name Signature Date
Joseph Levy
Please list additional commissaries used on the next page. Use as many pages as needed. Check here 0 if additional
commissaries are used.
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INTERAGENCY COORDINATION OF REGULATED ESTABLISHMENTS - DOH/DACS/DBPRlDCF/AHCAlAPD
EVALUATION OF ONSITE SEWAGE (SEPTIC) AND WATER SUPPLY CAPACITY
This evaluation is to ensure certain regulated facilitieslbusinesses are evaluated for adequate water and sewage services
before opening or expanding operations. If the faciliiy/business is on a DOH reaulated onsite well or onsite seDtic svstem.
comDletion of this evaluation is reauired. Please return to the appropriate licensing agency when complete.
Section 'I - EVALUATION REQUEST FORILICENSING AGENCY
o New Facility I 0 Expansion I Remodeling o Change In I II Other (list)
(increase in seatina/residents/other) Ownership
- Licensing Agency: License Number:
c II DBPR o DACS DDCF o AHCA DAPD
ftII
.~
"ii Contact Person: Phone: I FAX:
D..
~
>-
.D CommentsNewl Newly Built Vehicle
"
t
"ii ESTABLISHMENT INFORMATION
E
0 Establishment Name: Type of Establishment:
0
JL Vending Inc. Commissary
Address: Contact Person I Phone#:
10058 Spanish Isles Boulevard #F-19 Joseph Levy: (561)-213-6777
'City: County: I Zip:
Boca Raton Palm Beach 33498
Section 2 - WATER
The above named facilitylbusiness uses the followina water supplv (choose one type), and complete evaluation:
l:' o Municipal/Public Water System I Name of Supplier:
'i: o Onsite Well System I Permit Number:
0
:6
::s 0 Establishment served by a 64E-8, FAC., Limited Use Public Water System, DOH Regulated
0(
~ 0 Establishment served by a Florida Safe Water Drinking Act (DEP or DOH) regulated public water system
~ SYSTEM EVALUATION RESULT: (this section below normally only completed by DOH if on a DOH water system)
..
0
lL o Approved Comments:
w
c
ci"
::E: o Denied
{,i!
::E: (see comments)
0
c Name & Title County Health DepartmentlDEPlUtility
~ (Printed)
'D
j Signature Date
ii.
~ Address Phone
u
Section 3 - WASTEWATER
The above named facilitv/business uses the following wastewater disposal system (choose one type), and complete evaluation:
o Municipal/Public Sewer Name of Supplier:
f o Septic System (Onsite Wastewater) Permit Number:
.c: SYSTEM EVALUATION RESULT: (this section below normally only completed by DOH if on a septic system)
'$
<C o Approved o Single-Service Utensils Only I I o Number of Residents/Students I I
~
! o Number of Seats Permitted I I o Number of Beds/Clients I I
.. o Hours of Operation I I o Other Conditions (see comments) I
0 o Denied I
lL
W (see comments) o Food Service Yes I INo I
c
ci" Comments:
::E:
{,i!
::E:
0
c
A' Name & Title County Health DepartmentlDOHlUtility
'D
I (Printed)
1:1. Signature Date
e
0
u
Address Phone
Palm lIeach County
Water Utilities Department
9045 Jog Road
Boynton Beach. Florida 33472
Custome,. Service
Central County: (561) 740-4600
Boca "on: (561) 278-5135
or
www.pbcwater.com
. ::.~CC9~~T:"~U~B~'-,: .:"n).J":' ':.::.>>.,~:.::.:::..::::.:~.?i,.:i:::~::,:::):.~~R~;~9~~)?~>;::~:::::::"': ::';':"'~::" .;...... ":," . ~~:rUlENrDAlE.
1000376209 1099 10058 SPANISH ISLES BLVD BOCA RATON 12/11/2009
METER NUMBER CLASs.:,;....;. ~~~..?..s .,.. i::nr'"';'::"""
0029255274 C 11/05/2009 12/08/2009 33 ACTUAL 1148
ONE ~ N1O' ...~.. "~0-~i;';!~0':;!::;'~;}r:TY':;lTt-';'; 0" ...... . '"
15 . :. . BAS~':FACIut~<FEE '-:'WJ.\'i$!:t'.:.!.;:: .:': <::> . .... ... .
LAST MONTH '. BA5E~'FAcn:xrY:mE '-. wASTEWATER. ..... . . .
WATERCOMMODfIY' ..... '" :.'.. . .
. W~A1$RCOMMOPITY
1103
DUE DATE
01/04/2010
USAGE
(000'11I Gallms)
45
272.00
(272.00)
$
66.34-
93;73
54.90
74.25
39
12 MONTH AVERAGE
22
,":,,'i.'<' . ;..:'>. .'," #
! ."'.;P.A~.1JDS'A;immn .==>' $ 289.22
;~ A CU8tomef'MaJ'~U~:t,~t:rh':"w.r.,~.r~r ";:~e.ii-properW~~;~.~d' Fti~"A..~~nrict F~
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AII American Trailer Connection aatc@aatcl .com
Trailer pictures
April 19, 2012 4:08 PM
Home joe1123@aol.com
Linda Combast
All American Trailer Connection, l!'Ie
PH: 561-582-1800
FX: 561-582-1873
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