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AGENDA DOCUMENTS PLANNING AND ZONING LASERFICHE TEMPLATE PROJECT NAME: C II CL/{&-eS OfC/r/E - / IV 1?~5T1W teStVT PROJECT TYPE: ~/1E AfJN KE7/IE:w/(!oAli)rTl6NA~ VS~ I ' PROJECT ADDRESS: IS- 6" lu. f.3:;y /lIlON 73E1K11 & CIj) PROJECT NO. if:: 117 PCN: DOC TYPE: (RIGHT CLICK FOR PULL DOWN MENU) STATUS: (RIGHT CLICK FOR PULL DOWN MENU) APPROVAL/STATUS DATE III r& I 93 QII ;(()(J9 I DESTRUCTION DATE: I S :\Plan n i ng\Plann ing\Laserfiche template .doc AGENDA. oocU ME"''' 5 \., ,J.;-, ':. . _ - t. ~ ~ t t C,. H CITY COMMISSION OF THE ~ CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of CHECKERS DRIVE-IN RESTAURANT This matter came before the City Commission of the City of Boynton Beach, Florida on Tuesday, November 16, 1993, requesting approval of a conditional use and site plan review for a drive-in restaurant proposed for a vacant .93 acre site located at the northeast corner of Boynton Beach Boulevard and Old Boynton Road. The Board having heard the recommendation of city administrative staff finds the following: 1. The conditional use requested is consistent with the development of the surrounding area and does not adversely affect the citizens' general welfare. 2. This matter has been approved subject to all staff comments, attached hereto and made a part hereof. ACCORDINGLY, IT IS ORDERED that the applicant's request for a Conditional Use and Site Plan Review, is granted subject to staff comments attached. DATED: I'),' 8 - 93 BY: ,~~::.;;:,- ~/ A:;' :;~t~~;';"k .-( ()~ :..\'.. . '.' \ J '-. ~ " ;' .:"'''':''' .... ", ~ " . \~" - . , , '-~':. f_ .. . .'\;.t-~-i" ;. 'l. ~".. :~ \. '2'~ .'\~:;~, {.-..',.. . . ~ . " ~-. ~ "1 ; '- '--..~ , -'1~ I' \ ~ , . ' " ,.' \ '\ '\ \ " . , ." 7A12 CHECKERS DRIVE-IN RESTAURANT CONDITIONAL USE PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-279 THRU: Planning & Development Board Members Tambri J. HeYdenJ~'9..1L'L~ Acting Planning and Zoning Di~~r Michael E. H::ar.\~ zoning and Site inistrator November 5, 1993 \ TO: FROM: DATE: RE: Checkers Drive-In Restaurant - Conditional Use Application/Site Plan Review FILE No.: 777 SUMMARY: Anna Cottrell, AICP, of BCS-Wescon, the agent for Checkers Drive-In Restaurant, Inc. is requesting approval of a Condi tional Use and Site Plan Review for a drive-in restaurant proposed for a vacant .96 acre site located at the northeast corner of Boynton Beach Boulevard and Old Boynton Road. The applicant is under contract to purchase/lease the subject property. The Land Use Plan designation for the property is General Commercial. The property is currently zoned C-2 and consistent with Section 6 B 1. qq. and 11.2 of Appendix A-Zoning. The drive-in restaurant aspect of the project requires conditional use approval. Consistent with the Site Plan Review Ordinance, development of the site requires site plan approval. PROPOSED USE: The proposed use includes a building where food is prepared and served to customers through exterior pick-up windows. There are two (2) drive-thru lanes leading to each side of the building. A food service pick-up window is located on each side of the building. There is also a walk-up window to order and receive food. There is no food served to customers inside the building. A fenced exterior eating area consisting of tables and other site amenities is provided for customers wishing to eat at the site. A total of thirty-four seats is specified on the site plan. DESCRIPTION OF PROJECT: (see attached drawing) The triangular shaped .96 acre site has two entrance points; a one-way in only driveway located on Boynton Beach Boulevard and a two-way driveway located on Old Boynton Road. Both driveways lead to the on-site parking area and the facilit~es located on the site. Note: The applicant is requesting a variance from the parking lot code regarding the distance the driveway on Boynton Beach Boulevard is located from old Boynton Road. At this time the site consists of a single story seven hundred eighty-five (785) square foot building that faces Boynton Beach Boulevard. Thirty-four (34) seats are specified on the plan to be placed on the stamped concrete exterior patio that is adjacent to the building. The patio area w~th the majority of the tables is located on the west side of the west dri ve-in lane and is enclosed with a forty-two (42) inch high wrought iron fence. The fenced area has a gate with a walkway that connects with the public sidewalk along old Boynton Road. The site and building are positioned and designed to allow vehicles to leave the on-site traffic flow and enter two drive-thru lanes that lead to exterior food pick-up windows located on each side of the building. The drive-thru approach is from the north side of the building. A menu sign and speaker box for ordering food is located adjacent to each drive-thru lane. The east drive-thru lane has approximately six, twenty (20) feet long, spaces where vehicles may stack while waiting service. The six spaces include a space for a vehicle at the pick-up window, the west side has a total of approximately seven spaces. After the drive-in customers receive their food at the pick-up windows they will proceed around the CHECKERS SP/CU PAGE 2 south side of the building to re-enter the on-site traffic flow and access aisle where on-site parking spaces are provided. A walk-up order window is located on the south face of the building to serve customers. As previously stated on site eating is available for customers at exterior tables. The applicant has indicated that the hours of operation are as follows: serving food; Sunday through Thursday 10:00 AM to 11:00 PM, Friday and Saturday 10:00 AM to 12 midnight. Approximately eight (8) to twelve (12) employees will be working during maximum demand hours. As shown on the color elevation view drawings of the building the wall material is a combination of stucco (medium texture) colored Sherwin Williams Apricot Lily #1617 and an accent tile wainscot. The color of the patterned tile wainscot is white and off white. Window and door frames are white. Glass blocks laid vertically with teal neon inserts accent four corners of the building. Four metal columns support the roof above the drive-thru lanes. The metal columns and fascia are painted Sherman Williams Indian Summer #1621. At the top of the columns are three bands of teal neon. The base of the columns have small accent tiles that match the color of the wainscoting around the building. A recessed horizontal band around the fascia of the building is painted Sherman Williams Windsurf Blue #1755. The highest part of the building is a white metal equipment screen that has rounded corners and is seen from all sides of the building. The Community Design Plan specifies the subject site as located in the Spanish/ Mediterranean design district. The colors of the building are harmonious with the colors identified in the Spanish/Mediterranean theme. However, the architectural design of the building does not have all of the design elements required by the Community Design Plan. The applicant is seeking relief from the design requirements regarding roof materials and architectural features. Proposed signage for the site and building is also depicted on the color elevation view drawings. Note: All signage shall comply with the sign code. The applicant is seeking relief from the Board of Adjustment to allow two menu signs. The wall signage along the fascia of the building at the roof line consists of white channel letters back lit with white neon. The color of the other wall signage is mostly white and/or wJ.ndsurf blue. The site has directional signs, speaker boxes, safety signs, clearance height signs and two menu boards. The configuration of these signs are shown on the colored elevation view drawings. These sign colors are also predominately white and windsurf blue with some black and white checker board detailing. A monument sign is the main identification sign for the project and is positioned on the property southwest of the building. The color of the monument sign is consistent with the Checkers corporate business logo. The following colors are proposed: red background, white letters for the trademark name, two narrow bands of black & white checker board detailing and an area, that has yellow background with black copy, listing types of food. Si te lighting poles and fixtures are shown to illuminate the vehicle use area. A dumpster enclosure is located in the northwest portion of the site. There is a buffer wall proposed for the east property line starting from the north. The buffer wall is not required and the agent has indicated that they will not show the wall on the permit documents for the project. The balance of the site is covered with landscape material with drainage detention areas positioned to capture storm water. The landscape material shown will exceed the requirements specified in the Landscape Code and the streetscape rerquirements of the Community Design Code. CHECKERS SP/CU PAGE 3 SURROUNDING LAND USES AND ZONING (See attached location map): The property is surrounded by land in the C-2 zoning district. The C-2 zoning is identified as Neighborhood Commercial and has a General Commercial land use designation. The property to the east is presently vacant and owned by FPL. The C-2 zoning west of the site terminates at the center of Old Boynton Road and west of the center line is R-3 Multifamily Residential zoning. A rental apartment complex is located on the R-3 property. The C-2 Property to the south across Boynton Beach Boulevard is developed with a convenience store. STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2 D of the Zoning Code contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Department's description of the application as it pertains to the standards. Attached "Exhibit A" is an evaluation of the standards prepared by the applicant. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 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. Two (2) new driveways will serve the site; a one-way in only driveway will be located on Boynton Beach Boulevard and a two- way driveway will be installed on Old Boynton Road. The location of the driveways allow efficient traffic flow on the site. The layout of the vehicle area and the two drive-thru lanes enable good control of traffic. The layout of the site and the location of the driveways offer ease of access for emergency service vehicles. The applicant is seeking a variance for the distance the driveway on Boynton Beach Boulevard is located from Old Boynton Road. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection labove, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The sixteen (16) parking spaces provided at the site exceed the number required by two (2) spaces. A loading space is required for the proposed use, however, the plans do not show a loading space. A staff comment regarding depicting a loading space on the site is listed on the Planning and Zoning Department 2nd review comment sheet. The parking spaces are centrally positioned on the site and the building shields the spaces from the off-site view from the west and the on-site visual landscape screening shields the off-site view from the other directions. There is ample room on the site to install a loading space. CHECKERS SP/CU PAGE 4 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The Director of Public Works is not satisfied with the location of the refuse area as shown on the plans, however, the applicant has adjusted the location to satisfy the Director. The new location was achieved by rotating the dumpster so that it will be facing east. The refuse area has a concrete block enclosure with gates. The on-site landscape material will provide shielding of the refuse area. 4. utilities, with reference to locations, availability, and compatibility. The applicant will construct an on-site lift station to serve the site. City water lines run parallel to the Boynton Beach Boulevard frontage of the site. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The new landscaping complies with and exceeds the requirements of the Landscape Code. Ample numbers of trees classified as large trees have been provided on the plans. The size specifications of some species exceed the requirements of the Landscape Code. A concrete block buffer wall is shown extending along the east side of the property starting at the north property line. The agent has indicated that the buffer wall will be removed. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The signs proposed for the site have been limited to those required by the Sign Code with the exception of the menu signs. The applicant is seeking a variance to install two (2) menu signs. The code allows one (1). The size and location of the signs shall be consistent with the code. The exterior lighting is shown on twenty-five (25) foot high poles with a 1000 watt metal halide fixture. Site and pedestrian lighting shall be installed to meet code specifications. See comment No. 10 from Engineering Department Memorandum No. 93-306. The applicant has changed the light fixtures to decorative lamps. See detail drawing attached to the set of plans. 7. Required setbacks and other open spaces. The proposed building setbacks meet or exceed the setbacks specified in the zoning code for the subj ect site. The maximum lot coverage is forty (40) percent. The building footprint coverage for the subject building is one point nine (1.9) percent. The plans indicate that fifty-two (52) percent of the site is pervious. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is compatible with the drive-thru restaurant that is located approximately two blocks east of the subject site. The land use to the east and south allow a request for conditional use approval for a drive-thru restaurant and the land use to the north and west is residential and will not allow the drive-thru restaurant use. CHECKERS SP/CU PAGE 5 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The building is one story which is compatible with the surrounding commercial buildings. The residential buildings directly west of the site are two story. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The new use will offer fast food and some jobs for the people in the community. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. The project conforms to the standards and requirements of the Site Plan Review Ordinance. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. The project and use shall operate in a manner that is in compliance with the City Code of Ordinance. The restaurant use will be governed by the Health Department. REVIEW OF STAFF COMMENTS: Find attached the comments from all reviewing departments. As indicated in their comments, they recommend the project proceed through the review process subject to their comments being corrected and technical code compliance shown on the permit documents. The following notable changes will occur to the site, as a result of the drawings, showing compliance with staff comments: The concern regarding Memorandum No. 93-215 from the Director of Public Works will be rectified by the permit drawings showing the dumpster enclosure being rotated so that the service opening will be facing east. The new position will the allow the sanitation vehicle to enter the site from Boynton Beach Boulevard. To show compliance with comment No. 4 from the Planning & zoning Department Memorandum, a loading space shall be shown on the site. There is ample room to install a loading zone south of the parking spaces shown on the east side of the site. A traffic impact study was submitted for the project. The trips generated by the project required the study to be reviewed by Palm Beach County. Their review determined that the project met traffic performance standards. (See "Exhibit B"). The CJ.ty Engineer also reviewed the study and determined that the study was valid and that the area of influence used in the study for traffic on old Boynton Road extended to congress Avenue. RECOMMENDATION: The Planning and Zoning Department recommends approval of the conditional use and site plan review, subject to all staff comments, and the approval of the variances regarding driveway location, number of menu signs and the appeals to the community Design Plan. A:CHECKCU.JM EXHIBIT "A" 'o~3 STATEMENT OF JUSTIFICATION . APPLICATION FOR CONDITIONAL USE TO AllOW A CHECKERS DRIVE-IN RESTAURANT The Petitioner, Checkers Drive-In Restaurants, Inc., requests by this application approval of a conditional use to allow a Checkers Drive-In Restaurant on a .96 acre site located at the northeast corner of the intersection of Boynton Beach Boulevard and Old Boynton Road. Proposed site development for the requested Checkers Drive-in Restaurant is shown on the site plan accompanying this application. In order to advance the proposal by Checkers for development of the site, applications have also been submitted to the City for site plan approval, as well as variances. The conditional use requested is consistent with the development of the surrounding area, and does not adversely affect the citizens' general welfare. As indicated on the site plan accompanying this application, the proposed site development allows for faithful adherence to, and fulfillment of, the restrictions and conditions related to the dedication of property for streets (turn lanes) and sidewalks, as have been determined necessary for the site. , The Petitioner offers the following justification for the granting of the requested conditional use: 1) The proposed use will have no adverse effect on the general health, safety and welfare of the community, since It provides for adequate and safe Ingress and egress to the property and the proposed structure. Great care has been taken In the design of the site to ensure automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As indicated on the site plan, only one driveway per frontage Is proposed. The driveways have been jesigned to provide Ingress only from Boynton Beach Boulevard, and Ingress and egress on Old Boynton Road. The driveway on Old Boynton Road conforms to the City's requirements for driveway spacing. The driveway on Boynton Beach Boulevard Is the subject of this variance application. 2.,0 The Petitioner has met with the FOOT (Florida Department of Transportation) regarding the proposed driveway location on Boynton Beach Boulevard. The FDOT has Indicated that the proposed location provides the only opportunity for the site to meet the DOT's access management standards. The driveway has been located outside of the required taper for the turn lane provided for west bound vehicles turning north onto Old Boynton Road, and as far east of the intersection as possible. The limitation on access (providing for Ingress only) eliminates any potential conflict with movements occurring at the Intersection. The proposed driveway also provides for a smooth traffic flow throughout the site, with potential conflict areas minimized. All other elements of (he site's parking lot design meets or exceeds requirements as provided for in City standards. The parking lot design provides sufficient access from the public roadway, and maneuvering and access areas are located appropriately and of sufficient size to permit vehicles to enter and exit the parking lot in a safe and efficient manner. 2) The site has been designed so that all potentially impacting conditions, such as from off-street parking and loading, glare, noise and odors, have been mitigated. No off-site impacts wi!! result, and there will be no detrimental effect on the adjacent and nearby properties or the City as a whole. 3) Refuse and service areas have been located so as to eliminate any potential impact on residences in the area. 4) Utility service and connections have been designed in a manner consistent with the City's utility master plan and engineering standards. 5) Particular care has been given to the landscape and buffer treatment proposed for the site. The landscape material and design selected is consistent with the City's Design Plan Standards, and with the existing vegetation and landscape treatment in the general area. The site plan accompanying this application indicates the inclusion of a six-foot high wall along the north/east area of the site where it abuts residential, affording both noise and aesthetic buffering. 6) Signs and proposed exterior lighting, have been proposed to be constructed and installed in amber that eliminates glare, and is consistent with concerns of traffic safety and compatibility and harmony with adjacent and nearby properties. 7) The site design meets the required setbacks of the district, and includes open space far in excess of minimum code requirements. 3ot3 8) The use and site design are generally compatible with the development existing on adjacent properties and other properties within the zoning district. 9) The building height will be limited to maximum allowable for the district. 10) The proposed facility will provide economic benefits for the City as a whole, by way of: permit and review fees; capital fees (water and sewer connections, etc); ad valorem enhancement; sales tax money and employment. 11) The proposed site design meets or exceeds all standards and requirements of the City's codes as applied to site plans. 1 2) The proposed use complies with all performance standards of section 4 of the City's zoning regulations related to abatement of nuisances and hazards, and conforms to the City's Noise Control Ordinance. MEMORANDUM TO: Tambri Heyden Acting Planning & Zoning Director FROM: Michael E. Haag Zoning and Site Development Administrator DATE: October 26, 1993 RE: Site Plan Review - 2nd Review New Site Plan and Conditional Use Drive-Thru Restaurant Checkers Drive-In Restaurant N.E. Corner of Boynton Beach Boulevard Old Boynton Road Robert E. Basehart & BCS Wescon Consulting, Inc. 777 and Project: Location: Agent: File No: The following is a list of comments regarding the 2nd review of the above-referenced project. It should be noted that the comments are divided into two (2) categories: The first category is a list of comments that identify unresolved comments either from the first review or new comments as a result of the 2nd review. To show compliance with these comments will not substantially alter the configuration of the site and the design of the building except for the following comments, Numbers 3, 4, 5, & 6. There has been a formal submittal to seek relief from the code requirements for comments Numbers 3, 5 and 6. The second category is a list of recommendations I believe will enhance the aesthetics and function of the project. All comments can be rectified on the plans at time of permitting considering that the request for Conditional use/Site Plan Review and approval of variances and appeals are approved. The applicant must understand that additional comments may be generated upon review of the documents and working drawings submitted to the Building Department for permits for the proposed project. 1. On the site plan drawing, correctly dimension the setback distance from the property lines, adjacent to the proposed monument sign, to the leading edge of the sign. Note: Minimum setback distance is ten (10) feet. The drawings indicate a monument sign and the notes on the plan identify a pylon sign. Correct the plans accordingly. 2. The height limitation for the City is forty-five (45) feet. Adjust the height of the flag pole shown on the detail drawing sheet C4 to match the note identifying the forty-five (45) feet height of the flag pole found on sheet SP. 3. Locate the proposed driveway on Boynton Beach Boulevard so that the distance from the west edge of the driveway is at least one hundred eighty (180) feet from the intersecting lines of old Boynton Road and Boynton Beach Boulevard or be granted approval of a variance for said driveway. Checkers 2nd Review Comments Page 2 4. On the site plan drawing depict, label and dimension an off- street loading space that does not interfere with required parking spaces and/or access aisles. 5. The proposed site is located in the spanish/Mediterranean design district. Therefore, all proposed structures/buildings shall be designed consistent with the Spanish/Mediterranean architectural design theme requirements specified in the Community Design Code. Incorporate into the design of the building the proper roof finish element as described in the design code or be granted relief from the specific design requirement. 6. The Community Design Code describes architectural features that are harmonious with specific architectural themes. Each theme contains a list of features of which fifty (50) percent shall be incorporated into the design of the structure to achieve the Spanish/Mediterranean design. An alternate method to achieving the appropriate features is described in the design code. Incorporate into the design of the bUilding/site the appropriate architectural features and/or amenities that are harmonious with the Spanish/Mediterranean design or be granted relief from the specific design requirement. 7. On the landscape plan modify the landscaping proposed along both rights-of-ways that abut the project to be consistent with the species identified in the Community Design Plan for the Spanish/Mediterranean streetscape design. Note: Ensure that at least 50% of the proposed streetscape trees along Boynton Beach Boulevard and the shrubs/bushes material along Old Boynton Road are native species. Add to the plant list the species of trees that is represented by the CE symbol on the landscape plan and show on the landscape plan where the (native) green buttonwood material that is identified on the plant list (CON) will be installed. 8. On the site plan drawing dimension the width of the required perimeter landscape strip at the narrowest point along the east property line. Note: Minimum width is 2.5 feet. 9. Add to the minimum striping standard shown on sheet SP the color of the regular parking space striping. Note: Black for concrete and white for asphalt. Also correct accordingly the color listed for other pavement and traffic control striping shown on the plans and identified in the Grading and Drainage Specifications found on sheet C3 and the Site Specifications VI on sheet C5. 10. Identify on the site plan and landscape plan the location of the decorative lamps. Also, specify the color of the proposed fountain and wrought iron fence and gate. 11. Regarding the documents submitted to Palm Beach County and the City of Boynton Beach, resolve the issue concerning resolution No. R91-62 and the ten (10) foot utility easement. After this issue has become satisfied, we recommend a new resolution be passed to clarify Section 1 and 3 of the resolution. 12. Place a note on the plan indicating the area proposed for future development shall require site plan review. 13. Provide documentation acceptable to the Engineering and Planning and Zoning Department regarding dedication and/or rights of land for the area along Boynton Beach Boulevard where the turn lane was extended and the new sidewalk was added. These right- of-way improvements are shown on the subject property. PUBLIC WORKS DEPARTMENT MEMORANDUM #93-236 TO: Mike Haag, Zoning & Site Administrator FROM: Robert Eichorst, Public Works Director SUBJ: Checker's DATE: November 2, 1993 Having reviewed the proposed plan revision on the dumpster enclosure I find it to be more acceptable and recommend that they go forward. Eichorst Works Director REier --_._~~~-~--------------- ENGINEERING DEPARTMENT MEMORANDUM TO: FROM: Tambri Heyden, Planning & Zoning Director DATE: Harry T. Benoit, City, P.E., City Engineer <jJ, ~ ~ . October 28, 1993 RE: Checkers Drive In Restaurant I recommend that the site plan for Checkers Restaurant be submitted to the City Commission for approval subject to comments and conditions expressed by James White,P.E., City Engineer. Mr. White's comments substantially agree with my previous comments. 92-025/240 , .- ENGINEERING DEPARTMENT MEMORANDUM NO. 93-305 TO: Tambri Heyden Acting Planning & Zoning Director FROM: James D. White, P.E. City Engineer DATE: October 26, 1993 RE: Technical Review Committee Comments Checkers Drive-in Restaurant, Inc. Planning Department File No. 777 I have reviewed the above referenced plan submittal and offer the following comments: 1. Provide drainage calculations, soils report including water table information, permeability test results and percolation rate calculations to be utilized during the permit review process. 2. Please advise the Office of the City Engineer of impacts associated with the future development of the depicted retention area situated along the southeast quadrant of the subject site. 3. Please provide all specifications and material standards for stormwater drainage system and place upon plans a notation indicating that stormwater drainage pipes which are PVC shall be of the type ASTM D-3034, SDR 35 material(s). Revise plans accordingly. I have no objection to the plans moving forward to the reviewing boards conditioned upon the applicant's compliance with the afore- mentioned staff comments prior to issuance of City building permits. Jft- I} D. White, P.E. JDW/ck Note: This memo herein incorporates Engineering Dept. Memo No. 93-306 ENGINEERING DEPARTMENT MEMORANDUM NO. 93-306 TO: Tambri Heyden Acting Planning & Zoning Director FROM: Vincent A. Finizio Deputy City Engineer DATE: October 26, 1993 HE: Technical Review Committee Comments Checkers Drive-in Restaurant, Inc. Planning Department File No. 777 New Site Plan/Conditional Use In accordance with the City of Boynton Beach, Florida Code of Ordinances, the applicant shall revise the above referenced plan as follows: 1. The submitted sign package entitled "Directional Signs" is unacceptable in that the signs do not comply with State of Florida statute Chapter 316, Section 316.0747. All directional, regulatory and advisory signage must comply with the State of Florida Department of Transportation standards, including the Federal Highway Administration's Manual on Uniform Traffic Control Devices pursuant to City Code of Ordinances, specifically Chapter 5, Section 5.142(g), Parking Lot Construction Standards (appendix). Signage, such as the pedestrian crossing, the "Do Not Enter" s"ign, etc. are not permitted to be decorative and must comply with the standard color and dimensional requirements of the afore- mentioned state and Federal laws. Revise submitted sign package accordingly. 2. The proposed landscaping situated at the "nose" of the traffic diverter at stop bar along the souths ide of the proposed building site, will in all liklihood result in a line of sight obstruction diminishing the driver's view of vehicles entering the entrance from Boynton Beach Blvd. Landscaping, at this location, should be relocated in order to provide a clear view of vehicles entering the site. 3. Pursuant to City Code of Ordinances, specifically Chapter 5, Section 5-142(g), the existing sidewalk and/or bicyle path along Boynton Beach Blvd. and Old Boynton Rd., shall transition thru all ingress/egress approach areas and be constructed to facilitate the movement of handicap individuals thru this area. Revise plans accordingly. TRC Comments/Engineering Memo No. 93-306 October 26, 1993 Page #2 4. Pursuant to State of Florida Access Management laws, the applicant shall provide the Office of the City Engineer a Letter of Intent issued from the FDOT indicating preliminary approval of the ingress approach along Boynton Beach Blvd. Additionally, the applicant shall provide the Office of the City Engineer with a Palm Beach County Permit to Construct within the Rights-of-Way required for the ingress/egress approach connection at the north end of the proposed site at Old Boynton Road. 5. The applicant shall provide a copy of a State of Florida DOT permit to amend the turn lane, reference the removal of existing curb and gutter and construction of the transition area (extreme southeast corner of project at Boynton Beach Blvd.). 6. The depicted pedestrian crossings are shown in "yellow" and shall be modified to depict the color "white". 7. The extreme north end of the pavement area is devoid of perimeter post-mounted lighting, therefore, the applicant shall depict lighting in this area in such a manner as to avoid the creation of glare along the adjacent rights-of-way. 8. The applicant shall revise plans to depict swale area along the east rights-of-way of Old Boynton Road (along property lines) to be developed into a standard swale section, fully sodded and irrigated. Revise plans accordingly. 9. The handicap stall depicted on sheet SP does not comply with state and City standards. I recommend the applicant obtain a copy of the Department on Community Affairs Accessibility Requirements Manual. 10. The applicant is herein advised that the 1000 watt metal halide fixtures mounted on 25' high fiberglass poles may generated excessive glare and result in the site being too bright. The applicant shall submit photometric data and such photometric data shall include the portion of public rights-of-way adjacent to this site. 11. Pursuant to City Code of Ordinances, all areas affected by drainage shall be fully sodded. Revise plans accordingly. 12. The applicant is herein advised that should the depicted dry retention area designated as "area available for future development" result in this area being developed with additional structures, etc., a formal stormwater drainage plan shall be submitted in order to ensure compliance with City codes relative to stormwater management. TRC Comments/Engineering Memo No. 93-306 October 26, 1993 Page #3 13. Pursuant to City Code of Ordinances, specifically Chapter 5, Section 5-140(a), "..provide a maximum degree of safety and protection for the public...", shall provide information to the Office of the City Engineer regarding what measures will be utilized to protect the general public utilizing the outdoor eatery area from errant vehicles along Old Boynton Rd. and Boynton Beach Blvd. (ie. guard rails, bollards, etc.) I recommend that this plan move forward to City boards with a favorable recommendation, subject to compliance with these comments. VAF/ck cc: J. Scott Miller, City Manager James White, P.E., City Engineer (as discussed) BUILDING DEPARTMENT MEMORANDUM NO. 93-215 October 27, 1993 To: Tambri Heyden, Acting Planning Director Via: Don Jaeger, Building Official From: Al Newbold, Deputy Building Official Re: TRC COMMENTS 2nd Review - Major Site Plan Modification Project - Checkers Drive-in Restaurant & Detached Rental Building Location - N. E. corner of Old Boynton Rd & Boynton Beach Blvd. After reviewing the submitted plan documents, it is with regret that, even though they have removed the two-story office building from the site plans, most of our comments have not been met. Item No.1, A - D still stand and, for further clarification, attached is a comment sheet from Phil Sy from our Department and Vincent Finizio from Engineering. Item No.2, A requires that designated handicap access from the street to the building entrance must be in compliance. Item No.3, The building must comply with the Design Guidelines for the Spanish/Mediterranean District. Item No. 4 has been met in part by the elimination of the office building. However, Item No.5 also referred to Comment No.4, which may apply to the modular restaurant building. Please be advised that, after 9/30/93, all manufacturers of modular buildings must be certified by the State of Florida Department of Community Affairs if their units are installed in Florida. Items No. 6 and 7 are both self-explanatory and must be complied with. Although some of these comments can be met at the time of permit, unless the Planning Department has certified that Spanish/ Mediterranean guidelines have been met and sidewalks surrounding this project will be constructed, this department would not like to see this project go forwar rough the approval process. ~~ AN/mh A:CHECKERS.TRC .. "" '~911 ~.~~~~. " ,,- t....:" ~~ ,_ S TAT E 0 F F LOR IDA ..... ;~} .~ " ~-:-,ri~";"I\ R T MEN T 0 F COM M U NIT Y A F F A IRS ~.~ <? / .~I~ 1~'-" /,' 'tERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399-2100 I" \...~ yl ' , , - ~ LAWTON CHILES LINDA LOOMIS SHELLEY Secretary Covernor August 11, 1993 Dear Building Official: This is to.~nform you that Florida will no longer be a ::a~e:: o,f .'t.he CC1U"c';.l of St:~tes, on Industrialized Housing and ./ Buildings after September 30, 1993. The Council of states on Industrialized Housing and Buildings was established in 1986 to facilitate the approval, acceptance and installation of manufactured buildings between the state of manufacture and the state of installation. Under the agreements of this Council, the state of manufacture's approval of a building would be recognized by the state where the building was installed. " . The Department determined that the Council system was not working adequately and therefore, concluded that it was in the best interest of both Florida citizens and manufacturers to terminate its membership in the Council. After September 30, 1993 all manufacturers must be certified by the Florida Department of Community Affairs to manufacture buildings for installation in Florida and their buildings must be inspected and approved under Florida's system. Documents Reauired for Permittina after SeDtember 30. 1993 An individual making application for a permit to install a manufactured building in your area of jurisdiction must submit the following documents: 1. Plans approved by a Florida Department of community Affairs certified Plans Review Agency. 2. Energy Code form bearing a Florida certified modular plans examiners stamp. 3. A current letter issued by the Florida Department of Community Affairs granting the manufacturer approval to manufacture buildinqs for installation in Florida. EMERGENCY MANAGEMENT. HOUSING AND COMM{JNITY DEVElOPMENT · RESOURCE PLANNING AND MANAGEMENT ~~~, Building Officials August 11, 1993 Page Two 4. In addition, each building installed in your jurisdiction must bear a Florida insignia. Please contact me at 904/487-1824 if you have any questions. Sincerely, ~~.d: /~- Lawrenc ~;an Planning Manager ~nufactured Buildin~s Program LHJ/bs - ---------.----.---------.------------------ :v," BUILDING DEPARTMENT 100 E. Boynton Beach Blvd. .P.o. Box 310 Boynton Beach, FL 33425 Phone: (407) 375-6350 " i' PL.AN"S REVIEW COMMENTS Name of Reviewer rn. \ L\ '?' c;/~ \;, Permi t # Type of Review 9\0~ \0\ 2-2-- \q~~ Project c.\-\~ Date of Review Contractor The Building Department and other applicable City departments have reviewed yot permit application and supporting documentation and have de'termined that yot submittal does not comply with the City of Boynton Beach Code of Ordinances c described below (see attached sheets if applicable). Please rectify the plans t comply wi th the code comments and resubmit two (2) complete corrected sets of plar to the Building Department for re-review. If you have any questions regarding comment, you may call to speak with the reviewer who made the specific comment (The reviewer, affiliated department and applicable phone number are indicated a the top of each comment sheet). If the comment cannot be rectified by a phor. call, a conference may be scheduled. If a conference is necessary, an appointmer. is recommended to assure that the reviewer is available. To expedite the re-revie process, changes may be made by the designer to the permit documents at th Building Department. Proof of authorization is required prior to making change to signed and sealed documents by anyone other than the design professiona responsible for the drawings. Timely approval of your project is based upon you prompt response to the comments. Please advise us if we can be of assistance t you in the re-review process. ******************************************************************************* Applicant's phone # Date called & caller's initials: 1st Comments rec'd. by:' Name (print): '(signature) : Date: Comments only Plans & comments_ 2nd 3rd ***************************.**************************************************** A..) ~ 0\..) m~ ~t/:)\.""tl~ 0\'7 \)\'t-~,~_ '?\.~) - \'+\:(z:. \?L.At0 \.S> ':?Mw\0C- 6 I H.oi.)C. AUO':.,)~Q \7-{ (~ \0 "'\: ~ LOT I \?) ~~9U.)& t?\.~p ~ ~Vl) '\?lAO PO€:"? fJO~ \A~\ "7eX~\<-. c-) \ ~ ~li ~Q -Qk--~u.~ \)A'i.\~ -r\L ~9 6>~ AO~c;.-rHt=ot- , D") ~91~'Q\~ 0{(t,?IV~ \0- ~ \1Uc.-L-U~O wi \\~\.C? W~\~L. KA.',C. . AO~ N..LoWe-O \0 &~ ~().. 'r-\. ~. ~ \ n~nb ~ C()HM t;l\\3 ~\ VI ~CA..t'1" Fa N-I 'l..1 D ~. G...,. B.16. R:.. 40"7 3"75''" 2..~2.. ,)'lh ~ Et.l1Eli'~t'\ \!>> unAaL~' <.... '{2aJlse ~'A(\S ~ ~c.\---"J):o;r 5"0) R5 -: ~ ~(\ . ~)?u ')(-lOb ~,^<'I~ \J,,",CJro:f:~,"h'f .~~f..."f\o..-ns.-.1c>~I(,..-t:l:>OT!:fr'b W11.A-2.. ~t'f"" ~ ~ r:p~ "l4AG. ?Gl..U~ ~V'\& eah:)~ N2t;; IV'\QrDtmeer" ~ sh..c..a.O b.t... AOf' ~ vo- ~1-e, Co>...rtocu-t, h.'" ",\~:::l;:o'r ~ Fe> C;:;;'11> S "fOR- ~ q r'\ ~ou1-~ 4 , . "'Pt,J 2!:i)ANf""TO FIA-- 5r:Prn.n-e;. 3'(0 .074-7 ~ ~ennoneb ~f\ FT6E" s~l ~-+oe>>--t ~ F.'D.OT. A-r\d t~ ~~. ~~e ~~A--€'€ i.~ (\0\ ~l \.k.d . ~~ ,4\\ ~lPnt:P-\ ~Y'\%e' Ie.- S1'Of - 'fl~ ~u... shA-t\ ~() :b}; l~ c.:~'''k(' lP\~ ~ ef ~. ~. A:COHMENTS. WP5 - bh 1/8/93, Rev. 8/93 ----- BUILDING DEPARTMENT MEMORANDUM NO. 93-183 September 9, 1993 TO: Chris "':utro Planning Di THRU: Don Jaege : Building ! FROM: Al Newbol Deputy Building Official RE: TRC COMMENTS - CHECKERS DRIVE-IN RESTAURANT & DETACHED RETAIL BUILDING - 1ST SITE PLAN REVIEW Per your request, the Building Department offers the following comments for the above referenced project: 1. All signs must comply with Chapter 21 of the Boynton Beach Code of Ordinances. Please rectify the plans to comply with the following: A. Section 21-25 permits only 1 menu board, not 3 as proposed, and allows a maximum height of 5 feet to the top of the sign (see menu board on the front of the building) . B. Only 1 free standing sign is allowed for the site. What about the signage for the retail building? C. Only 4 directional signs are allowed. Five are proposed. r ..-e:=; D. Setbacks for all signs shall comply with Section 21-23. 2. Please show the following on the plans: A. Handicap access from the street to both buildings. B. Handicap ramp at the parking stall for the 2-story building. 3. The buildings must comply with the Design Guidelines for the Spanish/Mediterranean District. 4. Section 1104.2.1 of the Standard Building Code requires not less than 2 approved independent exits accessible to each tenant area, serving every story, except in 1 and 2-family dwellings. The second floor of the retail/office building needs to comply with this requirement which will necessitate an opening to be approved in 1 of the elevation plans. Please show location for approval. ~. " /' 1" Memo No. 93-183 to Chris Cutro RE: CHECKERS September 9, 1993 Page Two 5. The restaurant is a modular building; however, comment #4 may apply to it as well. 6. There are no dimensions shown on the floor plans; however, Section 1105.2 of the Standard Building Code does not permit exit access corridors or hallways in excess of 20 feet. 7. Sidewalks must be provided along Boynton Beach Boulevard and Old Boynton Road. NOTE: The Building Department does not object to the Conditional Use Request subject to our comments being met. AN: bh CHECKERS FIRE DEPARTMENT MEMORANDUM NO. 93-284 WDC TO: Planning and Zoning Department FROM: Flre Department DATE: October 28, 1993 SUBJECT: TRC site Plan CHECKERS We have no objections to this plan. /4f tr/J) c!-/ WILL AM D. CAVANAUGH FPO I BOYNTON BEACH FIRE DEPARTMENT WDC:CP MEMORANDUM UTILITIES DEPT. NO. 93 - 453 DATE: Tambri Heyden, Acting Planning Diry..tor, John A. Guidry, Utilities Director. October 22, 1993 I TO: FROM: SUBJECT: Checkers Drive-in Restaurant - Second Review PI ease be advised that none of our original comments have been addressed by the plans submitted for second review. My assistant met with the project engineer earlier this week to review design comments and provided a copy of our standard criteria at that time. All comments must, however, be addressed prior to building permit issuance, and we have no objection to this project proceeding through the review process. In addition to the previous comments, the applicant will be required to pay a capacity reservation fee of $790.02 to this office within thirty (30) days of City Commission approval of the site plan, or upon request for my signature on Dept. of HRS permit applications, whichever occurs first.(Sect. 26-34(E)) Please refer any additional questions on this matter to Peter Mazzella or Skip Milor of this office. JAG/PVM bc: Peter Mazzella xc: Skip Milor File Assistant to the Utilities Director - 0.5 hours MEMORANDUM Utilities #93-404 TO: Chris Cutro, Planning & Zoning D FROM: John A. Guidry, Director of Utilities DATE: September 15, 1993 SUBJECT: Checkers Drive-In Restaurant and Detached Retail Bldg. File #777 - 1st Review Staff has reviewed the above referenced project and offer the following comments: 1. Irrigation to be supplied by well (City Compo Plan, Policy 3C.3.4), 2. Backflow preventors to be furnished and installed by owner (Sec. 26.107). 3. Show easement for new 6" watermain (12' minimum) (Sec.26-33[a] ). 4, Relocate water services to come off new 6" watermain (in green area) (Sec. 26.16[c]). 5. Consider utilizing existing 6" watermain near south side of property. 6. No trees are permitted in utility easements (App. C Art. VIII, Sec. 9). 7. Palm Beach County Health Unit/HRS permits for new watermain, lift station and force main will be required, 8. Add note to plan sheet #C-2: "Onsite Lift Station and Force Main to be Privately Owned and Maintained". 9, Provide Fire Flow Calc's: The water system shall be designed to provide fire flows of 1500 gpm at 20 psi for commercial properties (App. C, Art X, Sec. 16). It is our recommendation that the plan proceed through the review process. If you have any questions regarding this subject, please contact Skip Milor, 375-6407, or Peter Mazzella, 375-6404. 19b xc: Clyde "Skip" Milor Peter Mazzella File Chief Field Inspector - 1.0 hr. Asst. to the Director - 0.5 hr. Administrative Asst. - 0.5 hr. MEMORANDUM POLICE #93-169 TO: Tambri Heyden Acting Zoning & Planning Director FROM: Sgt. Michael Kirrman DATE: October 27, 1993 REF: 2nd Review - Checkers Restaurant Ms. Heyden, I have reviewed the plans as submitted. My earlier comments were addressed. I recommend that the plans be forwarded for further review by Planning and Development Board. , .11kti~i sgt MK/jb QC\ L8 19r:r3 MEMORANDUM TO: 'fl1ntl56?1 HEybFvJ Christopher ("'lltro, -:r oJlIA.J W ('L-bAJ.&~ DATE: /0/;;'5/er 3 Site Plan Review - New Site Plan - Amended Plans nd Zoning Director FROM: RE: Project: L J..flCc,kK~S tRiu~ '1vJ R~J'1A~~ArJT"' After reviewing the referenced project Department recommends the Planning and consideration. amended plans for the above the tRJt(f(~AT"O.J t- PA~K ~ that the project be forwarded to Development Board for their This department will not be required to sign-off the permit documents associated with the subject project. m OCT l 0 J9q1 C:AHEND1.ALD RECREATION & PARK MEMORANDUM '93-430 TO: Tambri Heyden, Senior Planner J<~~ FROM: Kevin J. Hallahan, Forester/Environmentalist RE: Checkers Drive-In Restaurant, Inc. DATE: October 21, 1993 The applicant has not stated whether the existing trees will be relocated, removed or preserved on site. The project should proceed with review by the Planning and Development Board. I will address this comment at the permit stage. KH:ad (.' , ~'11 ! I 4:11 t:,l , \H UI , ',hi I r '.I LI f.l1 U 1".1 ':1, ['J I \'1 I kH n'.:1 ~~ I.-I I ~ 1 0 11;"1 Z L1 ..... 11'.:1 'I' 2HR I.~I ,.. > I t:.\1 i~~ ~I F1 ..... \" II \,J...,', ~ II \'\ 1111 '11 ~I)\ ,:\ 1<1 I'~ I F\ _._e_e_e_e_e_._e_._ _ _ _ .... -- - - - - - - - - - - -fEW-0u5 iOYNTON ROAD I I E Ii ~'I --~'- , / / .. o . I' t' '" /I .1 /I' ~~ /I ;= 1/ ~! .. II .. II~ II~ ,I I" ,!I 1'1, III II I . , pI . . ;.S ~ .~ (I) :.. !:! ~ :I ., - S~ ~ 0, ..po > N I!~ r.- Q) i... z'" .... . 0% fi . ,., ~ = , ~ I ; BOYNTON BEACH . FACILITY .~ ___.a.~__ ( ~ E ~...-. - _ ~'I LANDSCAPE I ,..... .8ft 0UIlW1'III. ~ ..." (It" "1__ PLAN .. . ?/_ . ,;<. 1. \ d< I r /' .u~l""/ \ .)1 \"/!1 '1 .~ ~ ~"A HI! Y .~ . ". ." ,,~I ""'~' \ ~ ,; +.-"~~ ~ ~~ "; t,)} ~ ~' "". . ,4'; ~.. *' ~ ,~~~: ~ ~" ~ J.,. ~ ~ ~ ~1:2:' ~ &.<(' d- . '- r .- · ~~ ~.. " d- '.., /1 · ( · . .. 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I' It./ c; ~., "'.f \ ~ ,,\ 1.0\ ,!.. -; .." ," ":r ~ _ I .".... , .., 1"'_ \"'.,' I' :101,'''l . t.l~ I~ Ii! L" I~I !1;l 210. ~ ,,~\ '''~ " '.' :~:, .," " \ \ .; " \ e\.. \~ U \!J. ..~ ~. .... Ii: . . \ \J ~ "" " , .. ;;- e; \,.;...- ..-. "I ~"'., ',' '"""J , r 2' '. t t.\; 1.. .' \-s:\.. u' II "-:\A' ,.;:... ~"!-~ .-'~ ........ ......... - . , ~ 'd \ 1-. .-;;. ...'\.'&~' ... __"' ... ~ A ' ~,:~t. ~' --f - -- .. - -~ - \ ~ . \ \ . ,...- :"'- - '\ - ...----""'- , ... ......-~ ~ 1~ R'" -" 7~ , ~" 03>- -- \ ~I ' - 54 Ii . @ \ \ @" \2 \ I 2J} I \ " \ . , 0:;:- ..... -,. ... . "1*.- @ ~ 1. ~ I.. ___ (~~ lW 4: ~'/' r 4 6 '\ , -~- T' -oJ ur ~~ . ~I\ 22- <,-": 'l. - ., . f)(,E AN r' \~,J', - \, - ;.:. \ \ _ _ " ~9"'"' 1 1 ~\ \ \2~ )~ \ ~' i7.1\ i- \ \ \ \' "rj\' \\", I, ." 5.'11 ------ '" " ., IO~ ~l '1,1 ' · - @ ,~ \ 0.' . ~. 1 :.'T 1 ~ ..&! ' \ ~\ u '" \ '13 fAY.MPR J" :: .2.00' ~ 1 o l,,~ --- b-~ ~ ~ ,~ a \~ I~ ~ A ~ Irt" l 2. 1t,'" 1\;) ~~ is." ~;;; ~ -- '- ~ 1'" .,. It Ie,' ~ y ! ~ ..... ~l -I}: . ~.,.. 0 ,.rl !. - ~yS ~~ ~.\ -- ~ ~ ~ ~ +" y ", ". . <:,0; ~~ \ h~ ... -', ~!",., . \ -' ~,.;:' . ~ l~ \ fi. ~ \;.~ \1:\ \1- ~\ . ,I' '4 EXHIBIT "B" tA-v Board of County Commissioners Mary McCartt, Chair Ken L. Foster, Vice Chairman Karel' T. Marcus Ca.rol A. Roberts ',v;1t;-en H. Newell f\;J!i Aaronson Maude Ford Lee County Administrator Robert Weisman Department of Engineering and Public Works September 9, 1993 Mr. Harold Benoit, P.E. Gee & Jenson One Harvard Circle West Palm Beach, FL 33409-1923 RE: CHECKERS DRIVE-THRU RESTAURANT ,.4 I' Dear Mr. Benoit: The Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Checker's Drive-Thru Restaurant pursuant to the Traffic Performance Standards in Article 7.9 of the Palm Beach County Land Development Code. The project consists of a Checker's Drive-Thru restaurant and 4,400 square feet of retail. The build-out for the project is 1994. The project will generate 1,361 daily trips. The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, : .. OFFICE OF THE COUNTY ENGINEER ,>>-..-Yr4 Dan Weisberg, P.E. Sen~Registered Civil Engineer cc. Chris Cutro, City of Boynton Beach File: TPS - Mun. - Traffic Study Review h:\traffic\diw\boyn24 .. 00 SI:P I ') /qq1 PLANNING AND ZONING DEPT. @ p'.n/ed on recycJed "."er "An Equal Opportunity. Affirmative Action Employer" Box 11129 West Palm Beach, Florida 33416-1129 (401) 684-4000 y)- ---,'" /t.- ( i,.. ~ //' -/' / v JiJN-2~'-1994 2:03pm 94-225687 ORB 8325 Ps 1 986 1111.,111111.111111111 ~ 10.00 Doc .70 lOD EASEMENT THIS INDENTURE made this 9th day of May 1994 ,A.D., ~~, by Checkers Drive-In Restaurants, Inc. a corporation existing under the laws of Delaware and having its principal ~lace of business at Clearwater, FL first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires. ) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: Legal Attached - See Exhibits A, B, & C and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant \Into the party of th~ second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. ORB 83 --.e- ,.., ..:: _z r S 1987 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the prese e of: . . ...1 ........a. t I .' \' '. ~ I' t- '~-1 CC?RP~~~TZ SEAL) . " - . ", .'.:.,,', ''::ti~~~'''~F J~ COUNTY OF (;i!Juu..Lf.~./ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid t~ take acknowledgements",", ~~ersoiially appeared .:::rAni F-S ~ fL)4~ j~ , II/.) JM.- -LJ ./J- ~ ... well known to me to be the President and ~ respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two sUbscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the ~rue Corporate seal of said ' Corporation. WITNESS my hand and of~ial seal in the County and ~~;~~ last aforesaid tr.is ~day of ~ ' A.D., My commission expires: ~..... C~~ OFFICIAL seAL DIANNE M. AUS TIN ~, My Commission E:'tplres ~.I April 28. 1996 ~~~OF~.. Comm. Nu CC 1971114 ......... Return to: (enclose self. addressed stamped envelope) Name Address: ORB 8325 Fs 1988 Property Appraisers ParcelldenlificaljQn (Folio) Number(s): EXHIBIT A + SKETCH AND LEGAL OESCAIPTION BY PULICE LAND SURVEYORS, INC. ~ NOB HLL ROAD SUNRISE, FLORDA 333S1 (305) 572-1777 . FAX -(305) 572-1778 + LEGAL DESCRIPTION: A portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88002-' 21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida; thence run North 00049'09" East along said East right-of-way line for a distance of 106.84 feet to a point; thence run South 44010'51" East for a distance of 27.89 feet to a point; thence run South 890 59'53" East for a distance of 60.00 feet to the POINT OF BEGINNING; thence run North 00000'07" East for a distance of 32.00 feet to a point; thence run South 89059'53" East for a distance of 12.00 feet to a point; thence run South 00000'07" West for a distance of 32.00 feet to a point; thence run North 89059'53" West for a distance of 12.00 feet to the POINT OF BEGINNING. (containing: 384 square feet) NOTES: 1) This ske~ch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88002'21" West. .I'" 5.....'0.51'"[ Sb C7.89 bO P" 0"> o z -60.00' 589'59'53"E POINT OF BEGINNING 589'59'53"E / 12.00' ~ ~ /'/. " ~gp ~ NIS "'0 ~ ~ , ) CHECKERS SITE "- "" ~ -Q9- a ~ o a: z o !z >- o al a ~I ..J 21 o ~ il ~ i) ~. I I ~ ! '" '" "" N89'59'53"W 12.00 "" ---~ -.::::".. BOYNTON BEACH BOULEVARD -'-" _.-" _ . _ . ~o~ ~ ~C~O~45-43 ~ - . - '.:=:t S88'02'Z!"W 1631.39' POINT OF COWMENcalENT ~ s.E. CORNER SECTION 20-45-43 FnJE: CHECKERS DRIVE-IN RESTAURANTS SCALE: ORDER NO.: 28512C DATE: 5- 3-94 ,"~~~ c;z~~ ~ - ;?-cy d- Boynton Beach Blvd/New Old Boynton Road CHECKERS DRIVE-IN RESTAURANTS FOR: John F. Pul1c8, Reg. Land Surw)lOf' 12691 MIcl\a.el Chart.. Fl~n. R~ Land Surwyor 13281 stcrt. of Florida lJ) HelUrn 10, \en<.lose Sell-dOOreSSeo Sldm~eO en~elope) Name . Address: ORB 83-,,:\S PI:; 1 C!Bc= .&:- --" I _ ~ ;' Property Appraisers Parcel Identification (Folio) Number(s): EXHIBIT B + SKETCH AND LEOAL. DESCAPTlON BY PULICE LAND SURVEYORS, INC. S381 NOS HLL ROAD SUNRISE. FLORIDA 33351 (;305) 572-1777 . FAX (305) 572-1778 + LEGAL 'DESCRIPTION: A portion of Section 20. Township 45 South, Range 43 East. Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88002'21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County. Florida; thence run North 00049'09" East along said East right-of-way line for a distance of 106.84 feet to a point; thence run South 44010'51" East for a distance of 27.89 feet to a point; thence run South 890 59'53" East for a distance of 118.95 feet to the POINT OF BEGINNING; thence run North 00000'07" East for a distance of 25.00 feet to a point; thence run South 89059'53" East for a distance of 12.00 feet to a point; thence run South 00000'07" West for a distance of 25.00 feet to a point; thence run North 89059'53" West for a distance of 12.00 feet to the POINT OF BEGINNING. (Containing 300 square feet) NOTES: 1) This sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88002'21" West. a I ~ I a: z ~ ~ )- 0 I m a ~I ..J 0 WI ~ ", 0 ... W :t' z ~I ~ CHECKERS SITE "- " , ~~ S89'59'5J-E 12.00 " '" S44'O'S1.E 27.89 NOO"OO'07"E 1\.' ~'OO'07.W 25.00' -=--l '\ -- 25.00' t\.. Si'i'5l1'5J"E 118.95' - --' \ -- N89'59'5J.W POINT OF 12.00 BEGINNING '" '-..... ~~ ~ BOYNTON BEACH BOULEVARD -.-- -'-- _' _' ~~1li~S~C~~45-43~ _' _, ~ S8l!'02'21"W 1631.39' POINT OF COMMENCEWENT ~ 5.E. CORNER SECllON 20-45-43 FIJE: CHECKERS DRIVE-IN RESTAURANTS SCALE: 1" = 50' ORDER NO.: 28512B [)A11:: 5-3-94 Boynton Beach Blvd/New Old Boynton Roa< Boynton Beach. Florida ~ CHECKERS DRIVE-IN RESTAURANTS ~ "~f. "'~ /ff~b+ Joh." F ~~Ull(;". Reg. Land Surveyor 12691 ~lchQeI r-ttan.. A)fln, RC9. Land Surwyor 13281 state of florfdo ( 1) Heturn to: (enClose sell-addressed stamped envelope) Name AddreSs: ORB B32=~~ P9 1 C;:S~O OOROTHY H WIlKEN r'L~R':' rr: "'HE rOlJnT - pc r.-IIINTV i-.-L. w .....,r, Jr I w...1'{ ,I..' ...U... I' Property Appraisers ParcelldenlificaliQn (Folio) Number(s): EXHIBIT C + SKETCH AND LEGAL DESCRIPllON BY PULICE LAND SURVEYORS, INC. 5381 NOS HLL ROAD SUNRISE. FLORIDA 33351 305 572-1777 . FAX 305 572-1778 + LEGAL DESCRIPTION: A portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88002'21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida; thence run North 00049'09" East along said East right-of-way line for a distance of 106.84 feet to a point; thence run South 44010'51" East for a distance of 27.89 feet to a point; thence run South 890 59'53" East for a distance of 254.64 feet to the POINT OF BEGINNING: thence continue South 890 59'53" East for a distance of 26.85 feet to a point on a curve, concave to the Northeast, the center of which bears North 30054'18" East from said point; thence run Southeasterly along the arc of said curve, having a radius of 477.47 feet thru a central angle of 03011'10" for an arc distance of 26.55 feet to a Point of Cusp; thence run North 75025'41" West for a distance of 51.66 feet to the POINT OF BEGINNING. (containing: 171 square feet) NOTES: 1) This sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88002'21" West. a ~ a: ~- ~ C'0-51 Z 27. >- ~ I - - - - S89'59"53"E 254.54' 9 ~I o ~ ~ ~I w ~ z ~l \1 _._' ~ -.-' '" CHECKERS SITE '" '" ""- BOYNTON BEACH BOULEVARD _ . _ ' ~OU~ ~ ~Cll~~4S-43 ~ ' _ ' ~ S88'02'21'W 1631.39' POINT OF' COMMENCEMENT ~ 5.E. CORNER SECTION 20-45-43 ~LJ:: CHECKERS DRIVE-IN RESTAURANTS SCALE: ORDER NO.: DATe 28512A 5-3-94 Watermaln s;- ~ --0/4-- Boynton Beach Blvd/New Old Boynton Road Boynton Beach, Florida ~~ CHECKERS DRIVE-IN RESTAURANTS John F', Pulice. Reg. Land SUrw)'Ol' 12691 Michael Chart.. fl)"ln. Reg. Land SUrve)'Or 13281 Stat. of Ftor1do (3)