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REVIEW COMMENTS " 5t\. ~~ . , . \ _€~ 1. \ ", o ,,(.J [/ r PLANNING DEPARTMENT MEMORANDUM NO. 91-130 ~ :' TO: Don Jaeger, Building Official Vincent Finizio, Engineering Administrator Richard staudinger, Consulting Engineer ~~e~ . Christopher Cutro, Planning Director FROM: DATE: June 4, 1991 SUBJECT: Busch's Restaurant ~ -::::-'::"'-:-:.-::---. craig Livingston has asked that we review the attached site for the possible location of Busch's Restaurant. The site is located at the southwest corner of Congress Avenue and Woolbright Road. I would ask that you review the attached site and let me know verbally if any major problems or concerns would exist in locating Busch's'Restaurant on this site. I would appreciate your input by Friday, June 7, 1991. If you have any questions, please feel free to call me. CC/cmc cc: J. Scott Miller, City Manager Attachment \ / '-(:..~~~-.."'" /' \',1 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING / BOYNTON BEACH, FLORIDA JUNE 11, 1991 ..i Nathan Collins moved to approve the request to rezone from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) limited to two-story buildings for the purpose of imple- menting the 1989 Comprehensive Plan, Location: Parcels on the west side of the F.E.C. Tracks,' between N.E. 15th Avenue and the Boynton Canal, Application No. 22. Murray Howard seconded the motion which carried 7-0. '" .. EXCEPTION TO PLATTING FOR BUSCH'S RESTAURANT Mr. Cutro distributed a letter from Craig R. Livingston, Architect, which was received in his office. The parcel is located at the southwest corner of Woolbright Road and Congress Avenue behind the Glendale Federal Bank. This par- cel is part of.a larger plat known as Woolbright Plaza. This property was split and Mr. Lambrakis is the owner of this parcel. All of the improvements including utilities, dedications and the necessary sewer lines have been put in place. The Planning Department feels there is no reason to ~ have this parcel replatted. To waive a plat, approval .is necessary from the Planning Director, Zoning Director, the City Engineer, and the Planning and Zoning Board. The Planning Department recommends that the Board approve the waiver of plat. Cynthia Greenhouse questioned Mr. Cutro about whether or not the Board would be releasing them from doing the necessary things that would bring the parcel up to code. He responded that Busch's would not be released from any requirements on this particular site. Regarding the Glendale Federal site, that is separate. Vince Finizio responded that this was not his understanding during the process. He understood that they would be required to modify the slte to put in the parking lo~. Cynthia Greenhouse stated that the existing parking lot is in terrible disrepair on the site and Busch's wants to use the parking lot, by waiving this plat, they will not be required to bring it up to code. Mr. Finizio stated that when he signed the document, he was under the impression that the existing parking lot would be brought up to code. If this exemption negates that requirement, then he would like to withdraw his signature.' Chairman Rosenstock asked what portion of the Glendale parking lot Busch's would be using. No site plan has been received to date. Mr. Staudinger stated that he is now aware that Busch's is planning to use any parking area on the Glendale site. It was his understanding, upon signing the memorandum, that the Phase II portion of the develop- ment, which is the "L"-shaped parcel west and south of the Glendale site is to be used by Buschis Seafood and the - 19 - ~ .~ ~ MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 ( reason the waiver of plat is appropriate is because there are existing water and sewer facilities to serve that parcel and there is no significant change in the type of usage. Platting is of no significance whe~ the facilities are already existing. The waiver will still require the deve- loper to put in all faciltiies according to code on the Phase II track as if he was platting, but it avoids the long process of platting. Mr. Staudinger stated that if Busch's submits a site plan which shows they will use part of the Glendale Federal parking lot, it will be addressed at that time. Chairman Rosenstock questioned Mr. Cutro about Busch's parking intentions. They indicated that they would not be using the Glendale Federal site. Mr. Cutro pointed out the first'paragraph of Page 2 of Mr. Livingston's letter, wherein they state they will work withGlendale to have them improve their existing site into compliance. ~ Chairman Rosenstock asked Mr. Cherof if this could be, approved with the specific delineation specifying that, if and when they intend to use the Glendale site in any way, they must in every case comply with the City code. Mr. Cherof agreed that it could be handled that way. Mr. Cutro states that if they use the Glendale site, they will have to upgrade the site automatically. He claims that was very apparent on Busch's last request. Cynthia Greenhouse expressed her concern over the paragraph in their letter whereby they claim that they will work with Glendale to get them to improve their site. They are not stating that they will improve the site. She wanted to be certain that if the Board agrees to the waiver of plat, in no way will there be a technical loophole to not have to bring up to code the entire parking lot that serves their restaurant. Mr. Cherof said that the Board should pin down the approval conditioned upon a letter of understanding being signed with the applicant that acknowledges they are subject to all of these conditions and that there is no waiver on the City. It is Mr. Cutro's opinion that the City is getting everything out of the plat that the City needs right now. Extra conditions can be added to it. Putting Busch's through another platting process is a very lengthy procedure and requires a lot of expense. Chairman Rosenstock assured Mr. Cutro that the Board wants to be sure that the code requirements are complied with and feels that a letter,needs to be forthcoming from Busch's saying that they will do everything necessary. l - 20 - ~ ~ ,. - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 .J Mr. Staudinger explained that by working with the applicant that does not mean the City is relaxing, bending or relieving the code. There is a provision in the code to allow a waiver of platting in a previously-platted sub- division if the parcel is essentially the same as the pre- vious plat, and that is the case here. They must still meet the code on all requirements. Mr. Finizio stated that Busch's plan shows a new access coming off Congress which will circulate vehicles through - the Glendale Federal site. No one will be restricted to parking only in Busch's because ~t is the same plat of land. He signed the document solely with the intent to help them through the platting process, not to give them any relief. Chairman, Rosenstock suggested that Mr. Cutro and Mr. Finizio try to reach Mr. Lambrakis on the telephone and make what happened at the meeting clear to him so that he understands the position. Ask him if he will be willing to comply with requirements discussed this evening. Cynthia Greenhouse stated that ~he objected to not having been able to visit the site and felt that this is being railroaded through. Marilyn Huckle agreed. Mr. Cutro offered to withdraw. Cynthia Greenhouse attempted to make a motion to table this item until it could be researched further: however, Chairman Rosenstock kep~ the discussion open. Nathan Collins expressed to Cynthia Greenhouse that other members of the Board had not expressed their opinions yet and wanted an opportunity to do so. Shirley Stevens requested that the Board go ahead and approve this request with the conditions that all of the codes have to be enforced. City Attorney Cherof agreed that this could be done and require that there be a letter of understanding. Mr. Cutro guaranteed that the Board would see the letter. Mr. Cherof offered to draft the letter to insure compliance. Mr. Cutro and Mr. Staudinger agreed. Cynthia Greenhouse motioned to approve the exception to platting for the Busch's Restaurant with the stipulation that both parcels, including the liLli-shaped parcel, be brought up to cC?de ~~~ ~ t~s one parcel: of land, and that the City Attorney draft a letter to that effect for the appli- cant to' s'ign in agreement. Mr. Cherof felt that the motion should read that Busch~s will be exempt from the platting subject to the condition that they are not being exempted from any of the other pro- visions of the City Code including the parking lot ordinance .- - 21 - t\ ." 00: ... " - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 and that they sign a letter of understanding acknowledging that. Cynthia Greenhouse rescinded her motion and bowed to Mr. Cherof's motion. Murray Howard seconded the motion which carried 7-0. The principals of Busch's are to sign the letter. t COMMENTS BY MEMBERS Cynthia ,Greenhouse addressed the item regarding the Site Plan Review Ordinance. At the May 30th meeting, a lot of - time was spent going over this Ordinance. At that time, the Board expressed its feeling that-they did not wish to see any abolition of the powers of the Technical Review Board and wanted to see all comments generated by all members of the Technical Review Board regardless of what they might be, without any censorship or without any limitation. The Board particuiarly did not wish for conflicting comments to come back to the Planning Director for purposes of him cutting them out or back in any way. She understands that this con- sensus was arrived at as a full Board. Ms. Greenhouse understands now that administratively what is happening is that without coming back to the Board, the powers ~nd.abi- lity of all Technical Review Board members is going to be limited by the City Manager and they will be directed that they will only be allowed to make certain comments in cer- tain areas, but may not comment, in general, across the board as to any Code violations they see. She expressed her concern that this will be happening at the next Technical Review Board which"will be held on Thursday morning. Ms. Greenhouse wili attend the meeting. She stated that she is aware that Mr. Cutro is in the .process of preparing a draft limiting.the powers of the Technical Review Board to make comments and for those comments to go forward to the Board members for them to see. Ms. Greenhouse will attend the meeting and hopes that the wishes of this Board and the Commissioners and the Mayor and Vice Mayor will not be undermined administratively. Commissioner Matson requested to see the draft, but her request was denied. She will attend the Thursday meeting. Mayor Weiner advised the Board that the City Commission has not directed the City Manager with regard to censorship, and until that is done, it is not a direction to the City Manager. Mayor Weiner will put it on the next City Commission agenda. Ms. Greenhouse was concerned that this would go into effect before the next meeting of the City Commission. Mayor Weiner clarified that once the City Commission gives direction to the City Manager, he must take that direction or jeopardize his position. I .- - 22 - ~ ~. '-. MEMORANDUM FROM: cl:-~~ . Vince Finizio, Admin Coord of Engine~~i~ w. Richard staudinger, Gee & Jenson ~~~~ Christopher cutro, Planning Director~~.~ C.A\" 0-@ /U..A... June 10, 1991 TO: Planning and Zoning Board Members DATE: SUBJECT: Exception to Platting for Busch's Restaurant Busch's Restaurant has applied to the City of Boynton Beach for an exception to platting for their new site located behind the Glendale Federal Bank on the southwest corner of Woolbright Road and congress Avenue. This parcel of land is part of a larger plat known as Woolbright Plaza. Easements and necessary utilities exist on site and roadway dedications have been made. Based on Appendix C, Article VI A.3. the planning Director, City Engineer and Planning and Zoning Board can approve an exemption to platting. Due to the fact that there has been a previous plat of the property, that easements have been dedicated, utilities installed and road dedications made, we would recommend that an exemption from platting be approved by the Planning and Zoning Board. This approval would not constitute a waiver of other city, state or federal laws and the City reserves the right to require additional easements, dedications and improvements required in connection with the intent of the platting ordinance as part of the site and/or building plan approvals. CC:cp v ,~ ~~ . . June 10, 1991 Mr. Vincent Finizio Administrative Coordinator, Engineering Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-310 Re: Busch's Seafood Restaurant Dear Mr. Finizio; I have been asked by Mr. Lambrakis of Busch's Restaurant to investigate a proposed site at the southeast corner of Woolbright Road and Congress Avenue, located behind the existing Glendale Federal Bank building. Mr. Lambrakis is negotiating with the bank relative to a possible . land purchase, and has directed my office to request the follow- ing: 1. That the City Commission grant an exception of platting for this site because unusual conditions exist which have been created by ownership or dev- elopment of adjacent lands, in this case the Glen- dale site, 2. The land concerned is isolated or remote in its relationship to other platted or improved lands, in this case the site is surrounded by Congress Avenue to the east, Woolbright to the north, and a lake to the west. 3. The improvements and dedications existing on the land are substantially in accordance with the req- uirements of this ordinance and waiving would not conflict with this ordinance. ~ ;0- ./- . -.. , , June 10, 1991 Page 2 If the city Commission grants a exception of platting, Busch's will be in a position to proceed with site plan approval. As part of the site plan approval, Busch's will improve their site in acc- ordance with city codes, and will make site lighting modifications to the Glendale site. They will also work closely with Glendale to have them improve their existing site into compliance. We appreciate your consideration of our request, and for giving Busch's the opportunity to locate in Bpynton Beach. q