REVIEW COMMENTS
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PLANNING DEPARTMENT MEMORANDUM NO. 91-130
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TO:
Don Jaeger, Building Official
Vincent Finizio, Engineering Administrator
Richard staudinger, Consulting Engineer
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Christopher Cutro, Planning Director
FROM:
DATE:
June 4, 1991
SUBJECT:
Busch's Restaurant
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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
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/' \',1 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING
/ BOYNTON BEACH, FLORIDA JUNE 11, 1991
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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.
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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
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MINUTES - REGULAR PLANNING & ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA JUNE 11, 1991
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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.
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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.
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MINUTES - REGULAR PLANNING & ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA JUNE 11, 1991
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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
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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.
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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.
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MEMORANDUM
FROM:
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Vince Finizio, Admin Coord of Engine~~i~
w. Richard staudinger, Gee & Jenson ~~~~
Christopher cutro, Planning Director~~.~
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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
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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.
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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.
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