LEGAL APPROVAL
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
ORDER
In Re:
The application of Anna Cotrell, of BSC-Wescon, Agent
for 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 variance to Article V. Community Design Plan,
Appendix II of the Code of Ordinances of the City of Boynton Beach,
Boynton Beach Community Design Plan Standards. The applicant is
requesting relief from providing the appropriate roof element. The
request includes eliminating a required wall accessory and window
type.
The Board having heard the recommendation of city
administrative staff finds the following:
1. That the reasons set forth in the application justify
the granting of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of land or
structure.
2. That the granting of the variance will be in harmony with
the general intent and purpose of this article, and will not be
injurious to the neighborhood, or otherwise detrimental to the
public welfare.
ACCORDINGLY, IT IS ORDERED that the applicant's request for
variance to Appendix II of the Design Plan subject to staff
comments attached hereto and made a part hereof.
DATED:
/2." 8'~3
CITY OF BOYNTON BEACH
BY' 1f l~
Mayor
ATTEST:
~ &LJd;t
Ci ty Clerk (fJ~)
7B1
CHECKERS DRIVE-IN RESTAURANT
COMMUNITY DESIGN PLAN APPEAL
PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-281
TO:
Plannlng and Development Board Members
THRU:
Tambrl J. Heyden '
Acting Plannlng and Zonlng Dri-e~tor
Michael E. H~.e.~
Zoning & SIte Derelopment AdmInIstrator
November 3[ 1993\ ~
FROM:
DATE:
RE:
Checkers DrIve-In Restaurant -
CommunIty DesIgn Plan Appeal
Fi:"e No. 781
Anna Cottrell, of BCS-Wescon, the agent for Checkers DrIve-In
Restaurant is requesting relIef from the requIrements of the
Community Design Plan. The subject property is located at the
northeast corner of Boynton Beach Boulevard and Old Boynton Road.
The project is a new dr1ve-ln restaurant WhICh lS presently beIng
processed for CondItional Use Approval and Slte Plan ReVIew. The
site is located in the Spanlsh/Medlterranean desIgn dlstrlct.
Therefore, the proJect shall be designed consistent wIth the
specifications listed In the Community Deslgn Plan. Please flnd
attached AppendiX II of the deslgn plan. Note the speciflcatl0ns
listed under the SpanIsh/Mediterranean architectural theme. The
applicant has c.escrlbed theIr request In the attached "Exhib1t
An. A reduced SIte plan and elevation view draw1ng IS attacned,
full SiZE drawings will be provided for review. (See plans with
Checkers site plan package.) The appllcant 15 seeking rellef
from incorporatIng into the drawings of the bUildIng and site,
the appropriate roof element and required archItectural features
and/cr treatments as specifIed in the Design Plan and the
Mediterranean/spanish architectural theme. A review of the Pl~ns
they submitted for SIte plan reVIew indIcate that the wall
treatment requirement of the code was met, however, the plans do
not show the appropriate roof treatment. The plans do not show
the appropriate number of wall accessories. A fountaln chosen
from the list of amenities was substltuted for a wall accessory,
however, the total IS not flfty (50) percent of the number ot
items identified in the code. The plans do not show the
appropriate number of wIndow types. The plan does speclfy the
appropriate number of extra features. Note: a drawIng of a
decorative lamp was submltted, however, the location, color and
size have not been identlfied on the plan. The agent has
indicated that the decoratlve lamps WIll be placed around the
exterior eating area and WIll replace the 1000 watt metal halIde
site lighting poles and fIxtures in the vehlcle use area. An
asterisk has been placed on the Medlterranean/Spanish design l1st
to identify what elements, treatments, features and/or amenlt1es
the applicant has incorporated lnto the plans.
In summary, the applIcant is requestIng relief from provIding the
appropriate roof element. The request Includes eliminating a
required wall accessory and window type.
MEH/Jm
Att.
A:CHECKDSN.JM
.-/ -
CHECKERS - COMMUNITY DESIGN APPEAL MEDITERRANEAN/SPANISH
... IDENTIFIES THE STANDARDS LISTED IN THE COMMUNITY DESIGN PLAN
THAT ARE SHOWN ON THE PLANS AND/OR
SUPPORT DOCUMENTS FOR THE PROJECT
ENVlRONMENTAL REGULATION
App.n
APPENDIX 11. BOYNTON BEACH COMMUNITY DESIGN
PLAN STANDARDS
. All applicable projects shall comply with the design standards
88 follows:
~ (a) New projects. New projects shall comply with the site plan
review process contained in Chapter 19. Plans submitted
for review shall show and identify a minimum of one (1)
type of tinish rooting material and one (1) type of exterior
wall finish material from the appropriate architectural style
list. Alternately. the applicant may submit to the commu-
nity appearance board. materials that are harmonious with
the required architectural style for roof and exterior wall
covering material. Submitted plans shall also incorporate
at least fUty (50) per cent oC the architectural feature. and/or
treatments identified on the appropriate architectural style
list into the design of the building. or show architectural
features and/or treatments that are harmonious with the
required architectural style.
(b) Modifications to existing projects. All other projects which
must comply with the community design plan shall show
and identify on the plans submitted for review a minimum
of one (1) type of ftni.h rooflnl' material and one (1) type oC
exterior wall fInish material from the appropriate archi-
tectural style list or present to the community appearance
board. materials that are harmonious with the required
architectural style for roof and exterior wall covering ma.
terial. Submitted plans shall also incorporate at least
twenty-five (25) per cent of the architectural features and/or
treatments identified on the appropriate architectural style
list into the design of the building, or show architectural
features and/or treatments that are harmonious with the
required architectural style.
(c) Architectural amenities. All projects subject to compliance
with the community design plan may choose an architec-
tural amenity from the appropriate architectural style list
or pre.ent ameniU.. that are harmonious with the re-
quired architectural style and incorporate the amenity into
the site and receive credit 88 a required architectural fea-
ture and/or treatment.
Supp. No. 46
635
'"
-A
App. U
BOYNTON BEACH CODE
(d) Colored elevations. All projects subject to compliance with
the community design plan shall submit elevation draw-
ings of all sides of each building proposed to be developed
on the site. Colored elevation drawings will only be re-
quired for the front elevation of a structure when all sides
of a building are consistent in color and materials. Each
colored elevation drawing .hall identify the type of each
exterior (!Dish material and .tate the color by name, man-
ufacturer and model or style number. A color .ample shall
be submitted as an example along with the color or product
identified on the plans. The sample will be used for the
fmal site inspection to ensure that the correct product and
color were used for the project. For projects which require
site plan approval. all color elevation drawings and/or sam-
ples shall be submitted to the planning department by the
site plan approval deadline date.
ARCmTECTURAL THEMES
1 Coastal Village
11 Mediterra-
n.ean/Span.ish
Roofs:
Metal standing seam {Barrel tile
Asphalt shingle S.tile
Wood shake 1 REOUIREo Exposed rafters
Formed eluminum Exposed beams
Walls:
Horizontal wood siding *Stucco medium
Horizontal vinyl to heavy
siding 1 AE~ Bricks
Board & batten . Tile
Slant siding Adobe stone
Supp. No. 48
636
-"-3-
111 Modem
Metal
Tar & gravel
Built-up w/deck
Space frame
w/skylight
Curtain wall
Reflective glass
Thermo pane
Glass Block
Stone veneer
Stucco
Tile
Precast wall
Plastic laminate
Wood siding
ENVIRONMENTAL REGULATION
I Coastal Village
Architectural features
and/or treatments
Wall accessories:
Shutters
V~ttice work
Decorative moldings
Balcony
:J REQUIRED
II Mediterra-
nean/Spanish
Iron decorative
grills
Wood decorative
grills
.Accent tile
Balcony
Arches
Bell tower
Shutters
Windows:
Multi-pane glass t Multi.pane glass
window 2 F!EQUlREI) *Fixed glass
Fixed glass Stained glass
Beveled glass
Extra features:
Decorative benches
Exterior lamps
Related ornaments
2 ~0lI1ReD
Amenities:
Front patio
Rear patio
Wood deck.
Trellises
Gazebo
Picket fence
-Decorative
lamps
. Iron gates
Multi-panel
doors
Carved doors
t Interior court
CAEDIT FOR .Fountains
ONE ww...
ACCESSORY Covered walk-
ways
Dominant exterior
colon:
Beige
Pale yellow
Egg shell
Blue to gray tone
(Ord. No. 90-33, 9-18-90)
Pink
White
Red to orange
Earth tones
4/-
I
App.ll
III Modem
Aluminum grill
work
Steel grill work
Accent tile
Decorative
moldings
Spandrel glass
Fixed glass
Reflective glass
Exterior
lighting
Exterior view
elevator
Buildings
crossway
Sculpture
Fountain
No dominant
color
EXHIBIT "A"
I of' 2.
PLANNING ENGINEERINC
PRINCIPALS
Robert E, Basehart. AIC
Anna S. Cottrell
William E. Schipske. P.E
Kevin C. Conner, RLA
November 1, 1 993
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
AUn: Mike Haag
RE: PROPOSED CHECKERS ON PROPERTY LOCATED AT THE N/E/C BOYNTON
BEACH BOULEVARD AND OLD BOYNTON ROAD
BCS-WESCON JOB NO. 930330MH.L TR
Dear Mike:
Thank you for your call last week regarding the applications we have submitted on
behalf of Checkers Drive Through Restaurants for the facility proposed to be
located at the above referenced site. Based on our discussion, we understand
that Checkers' pending application for a waiver of the requirements of the
"Boynton Beach Community Design Plan" must be f'mended. The application we
submitted previously for this site requested a waiver of the requirements for reoves
only. By this letter we are requesting two additional waivers, specifically, a
waiver of one required wall accessory and one window feature.
Checkers has proposed significant modifications to its standard architectural
package in order to incorporate elements of the City's Design Plan. Modifications
to the standard corporate architecture which are proposed for the Boynton Beach
restaurant include: the addition of a Spanish texture to the stucco wall finish; the
addition of a wrought iron fence around the patio, with wrought iron gates; a
fountain in the patio area, and decorative lighting fixtures in the patio area.
However, even with these modifications Checkers cannot meet the literal
requirements for all of the design elements of the Mediterranean Spanish District.
Hence, the two additional waivers.
3195 NORTH POWERlINE ROAD · SUITE 106. POMPANO BEACH. FL 33069. (305) 968-0113
1532 OLD OKEECHOBEE ROAD · SUITE 101 . WEST PALM BEACH, FL 33409. (407) 688-0048
- _1
2 of 2..
Mike Haag
November 1, 1993
Page Two
I hope that this information contained within this letter is sufficient to process our
amended application for waiver of Design Plan standards. If you have any
questions or comments, please don't hesitate to call me.
We certainly appreciate all of your hard work in processing the various applications
(conditional use, site plan approval, parking lot variance and sign variance) for the
proposed Checkers. Thank you.
Sincerely,
~~~
Anna Cottrell, AICP
Principal
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CHECKERS DRIVE-IN RESTAURANT
COMMUNITY DESIGN PLAN APPEAL
PLANNING & ZONING DEPARTMENT
MEMORfu~DUM NO. 94-097
SUBJECT:
Al Newbold
Deputy Building Official
M. h 1 ~ H -D"" ,; ,l:;r:_~
lC ae ~.. aag.~~
Zoning & Site D ~ ent Administrator
April 14, 1994
Transmittal of Development Orders
TO:
FROM:
DATE:
Accompanying this memorandum you will find documents regarding
development plans that received final approval by the Planning &
Development Board and/or city Commission. The following is a
list of the proJects, type of request and the documentation
transmltted:
Checkers Drive-In Restaurant - conditional use/new site plan
- copy of the 2nd reVlew plans
- copy of the staff report and comments
- copy of the written order signed by the Mayor
- copy of the November 16, 1993, City Commission minutes
Checkers Drive-In Restaurant - parking lot variance
- copy of the staff report and comments
- copy of the written order signed by the Mayor
- copy of the November 16; 1993, City Commission minutes
~ /Checkers Drive-In Restaurant - community design plan appeal
\/' - copy of the staff report and comments
- copy of the written order signed by the Mayor
- copy of the Ncvember IS, 1993, City Commission minutes
Super city Food & Discount - major site plan modification
- copy of the 2nd review plans
- copy of the staff report and comments
- copy of the November 16, 1993, City Commission minutes
Super city Food & Discount - parking lot variance
- Copy of the staff report and comments
copy of the written order signed by the Mayor
copy of the November 16, 1993, city Commission minutes
Harvey's Restaurant - parking lot variance
staff report and comments
written order slgned by the Mayor
November 16, 1993, City Commission ~inu~eE
- copy of the
- '::c p y of the
- copy of the
Planning & Zoning Department
Memorandum No. 94-097
April 13, 1994
Page 2 of 2
Agape Dry Cleaners - major site plan modification
- copy of tDe 2nd review plans
copy of the staff report and comments
copy of the written order signed by the Mayor
copy of the December 21, 1993, City Commission minutes
* Quail Run Villas - master plan modification
- copy of the master plan signed by the chairman of the
Planning and Developemnt Board and members of the TRC
- copy of the January 11, 1994, Planning & Development Board
minutes
C&M Buildings, Inc. - new site plan
- copy of the 2nd review plans
copy of the staff report and comments
copy of the written order signed by the Mayor
copy of the January 18, 1994, City Commission Minutes
* Transmitted to the Engineering Department - copy of the master
plan signed by the chairman of the planning and Development Board
and members of the TRC
MEH: frb
Attachments
Project File
A:94-097
PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-281
TO:
THRU:
Planning and Development Board Members
Tambri J. Heyden ~%,}L{L-l <.. - :? ~ LjtrL /\.
Acting Planning and Zoning nifecto~
Michael E. H~:~~1:f.~
Zoning & Sit~~~~(eIOpment Administrator
November 3, 1993 ~
FROM:
DATE:
RE:
Checkers Drive-In Restaurant -
Community Design Plan Appeal
File No. 781
Anna Cottrell, of BCS-Wescon, the agent for Checkers Drive-In
Restaurant is requesting relief from the requirements of the
Community Design Plan. The subject property is located at the
northeast corner of Boynton Beach Boulevard and old Boynton Road.
The project is a new drive-in restaurant which is presently being
processed for Conditional Use Approval and Site Plan Review. The
site is located in the Spanish/Mediterranean design district.
Therefore, the project shall be designed consistent with the
specifications listed in the Community Design Plan. Please find
attached Appendix II of the design plan. Note the specifications
listed under the Spanish/Mediterranean architectural theme. The
applicant has described their request in the attached "Exhibit
A". A reduced site plan and elevation view drawing is attached,
full size drawings will be provided for review. (See plans with
Checkers site plan package.) The applicant is seeking relief
from incorporating into the drawings of the building and site,
the appropriate roof element and required architectural features
and/or treatments as specified in the Design plan and the
Mediterranean/Spanish architectural theme. A review of the Plans
they submitted for site plan review indicate that the wall
treatment requirement of the code was met, however, the plans do
not show the appropriate roof treatment. The plans do not show
the appropriate number of wall accessories. A fountain chosen
from the list of amenities was substituted for a wall accessory,
however, the total is not fifty (50) percent of the number of
items identified in the code. The plans do not show the
appropriate number of window types. The plan does specify the
appropriate number of extra features. Note: a drawing of a
decorative lamp was submitted, however, the location, color and
size have not been identified on the plan. The agent has
indicated that the decorative lamps will be placed around the
exterior eating area and will replace the 1000 watt metal halide
site lighting poles and fixtures in the vehicle use area. An
asterisk has been placed on the Mediterranean/Spanish design list
to identify what elements, treatments, features and/or amenities
the applicant has incorporated into the plans.
In summary, the applicant is requesting relief from providing the
appropriate roof element. The request includes eliminating a
required wall accessory and window type.
MEH/jm
Att.
A:CHECKDSN.JM
CHECKERS - COMMUNITY DESIGN APPEAL MEDITERRANEAN/SPANISH
· IDENTIFIES THE STANDARDS LISTED IN THE COMMUNITY DESIGN PLAN
THAT ARE SHOWN ON THE PLANS AND/OR
SUPPORT DOCUMENTS FOR THE PROJECT
,
ENVIRONMENTAL REGULATION
App.n
APPENDIX II. BOYNTON BEACH COMMUNITY DESIGN
PLAN STANDARDS
. All applicable projects shall comply with the design standards
as follows:
___ (a) New projects. New projects shall comply with the site plan
review process contained in Chapter 19. Plans submitted
for review shall show and identify a minimum of one (1)
type of finish rooting material and one (1) type of exterior
wall finish material from the appropriate architectural style
list. Alternately, the applicant may submit to the commu-
nity appearance board, materials that are harmonious with
the required architectural style for roof and exterior wall
covering material. Submitted plans shall also incorporate
at least fifty (50) per cent otthe architectural features and/or
treatments identitied on the appropriate architectural style
list into the design of the building, or show architectural
features and/or tr.eatments that are harmonious with the
required architectural style.
(b) Modifications to existing projects. All other projects which
must comply with the community design plan shall show
and identify on the plans submitted for review a minimum
of one (1) type or O.niah roofing material and one (1) type of
exterior wall fmish material from the appropriate archi-
tectural style list or present to the community appearance
board, materials that are harmonious with the required
architectural style for roof and exterior waIl covering ma-
terial. Submitted plans shall also incorporate at least
twenty-five (25) per cent of the architectural features and/or
treatments identified on the appropriate architectural style
list into the design of the building, or show architectural
features and/or treatments that are harmonious with the
required architectural style.
(c) Architectural amenities. All projects subject to compliance
with the community design plan may choose an architec-
tural amenity from the appropriate architectural style list
or present amenities that are harmonious with the re-
quired architectural style and incorporate the amenity into
the site and receive credit as a required architectural fea-
ture andlor treatment.
Supp. No. 46
635
App.n
BOYNTON BEACH CODE
(d) Colored elevations. All projects subject to compliance with
the community design plan shall submit elevation draw-
ings of all sides of each building proposed to be developed
on the site. Colored elevation drawings will only be re-
quired for the front elevation of a structure when all sides
of a building are consistent in color and materials. Each
colored elevation drawing shall identify the type of each
exterior fmish material and state the color by name. man-
ufacturer and model or style number. A color sample shall
be submitted as an example along with the color or product
identified on the plans. The sample will be used for the
fmal site inspection to ensure that the correct product and
color were used for the project. For projects which require
site plan approval. all color elevation drawings and/or sam-
ples shall be submitted to the planning department by the
site plan approval deadline date.
ARClflTECTURAL THEMES
1 Coastal Village
11 Mediterra.
nean/Spanish
Roofs:
Metal standing seam {Barrel tile
Asphalt shingle S-tile
Wood shake 1 FlEQtJlRED Exposed rafters
Formed aluminum Exposed beams
Walls:
Horizontal wood siding *Stucco medium
Horizontal vinyl to heavy
siding 1 REOUI'IEO Bricks
Board & batten * Tile
Slant siding Adobe stone
Supp. No. 46
636
111 Modern
Metal
Tar & gravel
Built-up w/deck
Space frame
w/skylight
Curtain wall
Reflective glass
Thermo pane
Glass Block
Stone veneer
Stucco
Tile
Precast wall
Plastic laminate
Wood siding
ENVIRONMENTAL REGULATION
1 Coastal Village
Architectural features
and/or treatments
Wall accessories:
Shutters
V~ttice work
Decorative moldings
Balcony
3 REQUIRED
11 Mediterra-
nean/Spanish
Iron decorative
grills
Wood decorative
grills
*Accent tile
Balcony
Arches
Bell tower
Shutters
Windows:
Multi-pane glass t Multi-pane glass
window 2 I'lEQUIREO *Fixed glass
Fixed glass Stained glass
Beveled glass
Extra features:
Decorative benches
Exterior lamps
Related ornaments
2 REQUiRED
Amenities:
Front patio
Rear patio
Wood deck.
Trellises
Gazebo
Picket fence
*Decorative
lamps
*Iron gates
Multi-panel
doors
Carved doors
t Interior court
CJE)IT I"CR *Fountains
ONE WIU.
~ Covered walk.
ways
Dominant exterior
colors~
Beige
Pale yellow
Egg shell
Blue to gray tone
COrd. No. 90-38, 9.18-90)
Pink
White
Red to orange
Earth tones
App. 11
111 Modem
Aluminum grill
work
Steel grill work
Accent tile
Decorative
moldings
Spandrel glass
Fixed glass
Reflective glass
Exterior
lighting
Exterior view
elevator
Buildings
crossway
Sculpture
Fountain
No dominant
color
EXHIBIT "A"
I or 2.
PLANNING
ENGINEERING
o
LANDSCAPE ARCHITECfURE
PRINCIPALS
Robert E. Basehart, AICP
Anna S. Cottrell
William E. Schipske, P.E.
Kevin C. Conner, RLA
November 1, 1993
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Attn: Mike Haag
RE: PROPOSED CHECKERS ON PROPERTY LOCATED AT THE N/E/C BOYNTON
BEACH BOULEVARD AND OLD BOYNTON ROAD
BCS-WESCON JOB NO. 930330MH.LTR
Dear Mike:
Thank you for your call last week regarding the applications we have submitted on
behalf of Checkers Drive Through Restaurants for the facility proposed to be
located at the above referenced site. Based on our discussion, we understand
that Checkers' pending application for a waiver of the requirements of the
"Boynton Beach Community Design Plan" must be ,emended. The application we
submitted previously for this site requested a waiver of the requirements for rooves
only. By this letter we are requesting two additional waivers, specifically, a
waiver of one required wall accessory and one window feature.
Checkers has proposed significant modifications to its standard architectural
package in order to incorporate elements of the City's Design Plan. Modifications
to the standard corporate architecture which are proposed for the Boynton Beach
restaurant include: the addition of a Spanish texture to the stucco wall finish; the
addition of a wrought iron fence around the patio, with wrought iron gates; a
fountain in the patio area, and decorative lighting fixtures in the patio area.
However, even with these modifications Checkers cannot meet the literal
requirements for all of the design elements of the Mediterranean Spanish District.
Hence, the two additional waivers.
3195 NORTH POWERLlNE ROAD · SUITE 106 · POMPANO BEACH, FL 33069 · (305) 968-0113
1532 OLD OKEECHOBEE ROAD · SUITE 101 · WEST PALM BEACH, FL 33409 · (407) 688-0048
2 "F 2..
Mike Haag
November 1, 1 993
Page Two
I hope that this information contained within this letter is sufficient to process our
amended application for waiver of Design Plan standards. If you have any
questions or comments, please don't hesitate to call me.
We certainly appreciate all of your hard work in processing the various applications
(conditional use, site plan approval, parking lot variance and sign variance) for the
proposed Checkers. Thank you.
Sincerely,
~~~
Anna Cottrell, AICP
Principal
11
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