Krispy KremeDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Kdspy Kreme
APPLICANT'S AGENT: Scott Barber of Gee & Jensor
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APPLICANT'S ADDRESS: 4225 Genesee Street Buffalo, New York 14225
DATE OF HEARING RATiFICATiON BEFORE CiTY COMMISSION: Januaw 2, 2002
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan
LOCATION OF PROPERTY:
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Northwest 1 Avenue (between NW 1s' Avenue and Boynton Beach
Boulevard (SR804) east of NW 7th Street}. West Industrial Avenue
intersects with Boynton Beach Boulevard immediately north of the subject
property.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Fiodda
appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and DeveIopment Board. which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
ApPlication fOr the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The APplicant
~' HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
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.
All further development On the proper r shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED: I --~. ~ O,~
Clerk
EXHIBIT "C"
Conditions of Approval
Project name: I~ispy I<2reme
File number: COUS 01-005
Refm'ence: 2nd Review plans idcmtified as COUS 01-005 with a Novemb~ 5, 2001 Planning & Zoning stump
marking.
DEPARTIvi~ENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITI~ES
Comments
1. Fire flow calculation will be required demonstrating the City Code X
requirement of 1,500 g.p.m, as stated in LDR Chapter 6, Article IV Section
16, or the requirement imposed by insurance underwriters, whichever is
gleater (see CODE Section 26-16(a)).
2. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X
project either upon the request for the Department's signature on the Health
Department application forms or within 30 days of site plan approval,
whichevc'r occurs first. This fee will be determined based upon final meter
size, or expected demand.
FIRE
Comments:
3. A fire hydrant flow test is required prior to construction (City Ord. 9-3F). X
4. Fire hydrants shall be no more that 300 feet apart and the remotest part of any X
structure shall be no more that 200 feet from a hydrant. Connections shall be
to mains no less than 6 inches in diameter. In addition to domestic
requirements a fire flow of 1500 g.p.m, at a residual pressure of not less that
20 p.s.i, is required (LDR Chapter 6, Section 16).
POLICE
Comments: None X
Conditions of Approval
DEPARTMENTS INCLUDE REJECT
ENGI/XrEERING DMSION
Comments:
5. Sidewalks adjacent to parking lots shall be cont/nuous through all driveways X
and shall be 6 inches tl:fick with~ driveways (LDR, Chapter 23, Article
Section P).
6. Provide an irrigation plan in conformance w/th the LDR Chapter 7.5, Article X
1I, Section 5.
BUILDING DIVISION
Comments:
7. At time of p~m~_it review, provide a completed and executed City Unity of X
Title form. The form shall describe all lots, parcels or tracts combined as one
lot. A copy of the recorded deed ~vith legal descriptions of each property that
is being unified is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
8. At the time of poma:fit review, submit signed and sealed working drasvings of X
the proposed construction.
9. To properly determine the impact fees that will be assessed for the project, X
identify on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive-through type of restaurant. Also, identify on the
site plan the number of new seats and the total number of seats provided. On
the floor plan, chronologically number ali seats including those seats that are
around the bar.
10. At time of permit review, submit for review an addressing plan for the X
project.
PARKS AND RECREATION
Comments:
11. Submit detailed irrigation plans for right-of-~vay landscape and site work X
improvements during the construction document permitting stage, for review
and approval bythe Parks Department staff. Include on the plan location of
any existing irrigation in the right-of- way.
FORESTER/ENVIRONMENTALIST
Comments:
DEPARTMENTS INCLUDE REJECT
12. The applicant must provide a tree tabulation indicating the quantity of X
desirable existing trees which will be preserved, relocated or removed /
replaced on the site. This tree tabulation should be correlated and the trees
shown on page L-1.
PLANNING AND ZONING
Comments:
13. The site plan must identify the correct Future Land Use designations as X
defined by the City's Comprehensive Plan for the adjacent properties.
14. Staff recommends that the audio component of the menu board related to the X
drive through facility project sound to the west as to not create a potential
disturbance to the residential neighborhood.
15. The max/mum building height in the C-2 zouing district is 25 feet. The top X
of the roof of the tower is 26 feet 6 inches. Either reduce the top of the tower
by one and one-half (i ½) feet or request a height exception pursuant to
Chapter 2, Section 4.H.
16. Include a color rendering of all elevations prior to the Planning & X
Development Board meeting (Chapter 4, Section 7.D.2.).
I7. Submit a color sample / swatch of all major exterior finishes. Each sample X
and / or elevation shall include the manufacturer's name and color code
(Chapter 4, Section 7.D.1.).
18. All above ground mechanical equipment such as exterior utility boxes, X
meters, transformers, shall be visually screened with appropriate landscaping /
hedge material (Chapter 9, Section I 0.C.4.). The backflow preventer shall be
painted to match the principle structure.
19. The dumpster enclosure and masonry wall shall resemble with respect to the X
color and materials, the design of the principal build/rig. Include a wall detail
to confirm similar architectural elements and integration with other site
elements (Chapter 9, Section 10.E.3.).
20. The Palm Beach County Traffic Division suggested that the City review X
traffic operations at the project access driveway, with emphasis on left-tums
in and out of the site because the forecasted peak hour volumes indicate the
need for provision of a westbound left-turn lane on Boynton Beach Boulevard
onto the site. Prior to the issuance of a City building permit, this project must
obtain Palm Beach County Traffic Division approval with regard to the
westbound left-turn lane onto the subject property.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Commc~nts:
21. None X
Cond/tions of Approval
4
DEPARTMENTS
iNCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Connnents: ~
22. Eliminate pedestrian passage through rear property thereby providing a
continuous buffer wall along South property line.
23. Site lighting fixtures shall be of a type and height to prevent spillage into
adjacant residential area. Provide lighting details including photometr/c to
confirm same.
24. Move speaker/menu board back along stacking path so that distance between
residential areas is maxim/zed and speaker orientation is away from
residential neighborhood yet providing sufficient stacking space.
25. Eliminate from plan, sidewalk along rear (South) property line and replace
with additional landscaping (trees, hedge, ground cover, etc.) to provide
additional landscaping to meet at minimum the barrier landscape section of
the Landscape Code. Chapter 7. 5, Article 11, Section 3B. 3b. p.8, to the
satisfaction of staff.
Request sidewalk waiver. Applicant shall request from Engineenng, permits
for landscaping to be provided in fight-of-way to be installed and maintained
by applicant.
X
X
X
X
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