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AGENDA DOCUMENTS PLANNING AND ZONING LASERFICHE TEMPLATE PROJECT NAME: {J 1/ E CJ{J.~-e 5 f)l!j II f- / j./ 7?Esrn <J <<ANT PROJECT TYPE: (JP/2/tr'A/G j(}T Vifj(jfJrlJ(! G PROJECT ADDRESS: '/55 W - tiJ'I1J1MJ OElKfl 6:...iI) PROJECT NO. ;18~ PCN: DOC TYPE: (RIGHT CLICK FOR PULL DOWN MENU) STATUS: (RIGHT CLICK FOR PULL DOWN MENU) /1 / If;; / /1/5 , al//~007 , APPROVAL/STATUS DATE DESTRUCTION DATE: / S :\Plann ing\Plan n ing\Laserfiche tem plate. doc AGENDA oOCU tJ\ E ",,.5 CWt?c..t:6-A?J. PI.. V CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ORDER In Re: The application of Anna Cotrell, 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 Section 5-142(h)(3), Article X of the Code of Ordinances of the City of Boynton Beach, Driveway. The applicant is requesting relief from the Code in connection with the proposed construction of a drive-thru restaurant. The site is located at the northeast corner of the intersection of Boynton Beach Boulevard and Old Boynton Road. The Board having heard the recommendation of city administrative staff finds the following: 1. The Board finds that special conditions and circumstances exist which are peculiar to the physical or topographical features of the land or structures, which are not applicable to other lands or structures within the city. 2. That literal enforcement of the provisions of this article would deprive the applicant of rights, commonly enjoyed by other properties in the vicinity under the terms of this article. 3. That the special conditions and circumstances referred to in subsection 1. above do not result from the action of the applicant or his predecessors. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands or structures in the city. ------ 7A15 CHECKERS DRIVE-IN RESTAURANT PARKING LOT VARIANCE PLANNING AND ZONING DEPARTMENT MEMORANDUM ~93-282 THRU: Planning & Development Board Members Tambri J. Heyden """'-_ ~.d.tt....,t.Jj</i:.:~v Acting Planning & Zoning Director Michael E. Ha~~~ Zoning & S~te De~pment AdmInIstrator November 5, 1993 ,~ TO: FROM: DATE: RE: Checkers Drive-In Restaurant parkIng Lot Variance F:.le No. 782 Section 5-145 (e) (4) of the Code of Ord~nances requ~res that when a variance to SectIon 5, Art~cle X, park~ng Lots ~s requested, the TechnIcal ReVIew CommIttee must forward a recommendation to the Planning and Development Board. The recommendation IS to be made part of the publIC hearing proceedings. ThIS memorandum is forwarded to you, consistent YO,iith SectIon 5-145 (c) (4). Anna cottrell, of BCS-Wescon, agent for Checkers Drive-In Restaurant, Inc. is requestIng a variance to Section 5-142 (h) (3) of the Parking Lot Regulations. A description of the sect~on is shown on the attached ParkIng Lot VarIance applIcat1on. The applicant is request1ng relIef from the code In connectlon wltn the proposed construction of a drive-thru restaurant. The slte is located at the northeast corner of the ~ntersect~on of Boynton Beach Boulevard and Old Boynton Road. The subject of the request is the one-way, ~n only, driveway located on Boynton Beach Boulevard. Boynton Beach Boulevard is a State Road. The tOplC under consideratIon IS the distance of one hundred thirteen (113) feet that the drIveway is located from the IntersectIng lIne of Old Boynton Road. The code reqUIres the distance to be no less than one hundred eighty (180) feet. Find attached a reduced copy of the site plan (Exhibit "A"). ThIS site plan was submItted with the application for the variance. Find attached a copy of a letter from the Florida Department of Transportation that Identifies the condItIons of conceptual review for the propo5ed driveway. The site plan identIfIed as ExhIbit "B" 1S an updated drawing that appears to depIct the condItIons of the Florida Department of TrRnsportatlon reVIew of the proposed drIveway. Additional details concernIng the nature of the varIance and tl1e variance justification are outlined in the attached parking Lot Variance application. On Thursday, October 14, 1993, the Technical Review CommIttee (TRC) met to reVIew the plans and documents submitted for the variance. After reVIew and diSCUSSIon, the ccmmittee made the following recommendatIon regardIng the varIance request: The Committee unanImously recommended that the request be approved subject to the conditions identified in the attached Engineering Department Memorandum No. 93-310. If the Board rules in favor of the variance request, the Technical Review Committee encourages the Board to Include the conditions stated in the Engineering Department Memorandum as part of the approval of the varlance. The TechnIcal ReVlew Committee considers the condItions of approval by the Florlda Department of TransportatIon and the extension of the on-slte access aisle (entrance throat), requested by the TRC, to be safety concerns that would Improve the traffIC condItIons at the right-of-way IntersectIon and improve the on-site traffic flow plus provide an on-site stackIng space at the southern entrance to the site. MEH/jm Att. A: CHECKPLV. J~t -/-, CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD APPLICATION FOR VARIANCES TO PARKING LOT REGULATIONS This application must be filled out completely and accurately and submitted in two (2) copies to the Planning Department. Incomplete applications will not be processed. Please Print Legibly or Type All Information. 1. Project Name of Site Upon Which Parking Lot is Located: Checkers Drive-In Restaurant (rJorLlec.st oorner of Boynton Beach Boulevard and Old Boynton Road 2. Date This Application is Submitted: October 4, 1993 3. Applicant's Name (person or business entity in whose name this application is made): Cneckers Drive-In Restaurants, Inc. Address: 600 Cleveland Street, Suite 1050 Clearwater, FL 34615 Phone: (813) 441-3500 F~: (813) 461-1036 (Zip Code) 4. Agent's Name (person, if any, representing applicant):* Anna s. Cottrell, OCS-Wescon Consulting, Inc. Address: 1532 Old Okeechobee Road, Suite 101 West Palm Beach, FL 33409 Phone: (407) 688-0048 Fax: (407) 688-2009 (Zip Code) * A letter fram the applicant or owner authorizing the agent is required. 5. Property owner's (or Trustee IS) Name: Adience Equitie, Inc. ET AI.. c/o Raym:md J. Posgay, Esq. Address: 1217 E. Broward Boulevard Ft. Lauderdale, FL 33301 (Zip Code) Phone: Fax: 6. Correspondence Address (if different than applicant or agent)**: Same as Agent ** This is the address to which all agendas, letters, and other materials will be mailed. PLANNING DEPT. - January 1991 A:PkLotVar - t - (2) 7. What is applicant's interest in the premises affected? contract purchaser (OWner, Buyer, Lessee, Builder, Developer, etc.) 8. Street Address of Location of Site Upon Which Parking Lot is Located: Northeast corner of Boynton Beach Boulevard ani Old Boynton P,oad 9. Legal Description of Site Upon Which Parking Lot is Located: See attached legal description 10. Intended Use(s) of Site Upon Which Parking Lot is Located: Drive-In restaurant 11. Developer or Builder: Checkers Drive-In Restaurants, Inc. 12. Architect: 13. Landscape Architect: OCS-WESCCN Consulting, Inc. 14. Site Planner: OCS-WESCCN Consulting, Inc. 15 . Eng ineer : OCS-WESCCN Consulting, Inc. 16. Surveyor: Pulice Land SUrveyors, Inc. 17. Traffic Engineer: Tinter Associates, Inc. 19. Copy of last recorded Warranty Deed included? (check) Letter authorizing agent (if any) included? (check) Site plan and survey (2 copies each) attached? (check) SE:.t/'1 I V I 18. 20. 21. Number of variances requested on the following sheets: NOTE: A separate sheet must be completed for each specific design requirement (Sec. 5-141) or permit application requirement (Sec. 5-142) to which a variance is requested. A:PkLotVar -';> .- --~ ( 3 ) The undersigned hereby petitions the Planning and Zoning Board to grant to the petitioner a variance to Article X "Parking Lots", of Chapter 5, "Building, Housing and Constructicn Regulations", of the Code of Ordinances of the City of Boynton Beach, Florida, as it pertains to the property described in this application, and for the reasons stated below: Section, Subsection, and Paragraph number of specific requirement to which variance is requested, and exact language contained in the Code: Section 5-142 (h) (3) - No parking lot driveway may be constructed closer than thirty (30) feet fran the intersection of the right-of-way lines along local streets and one ht.U'X:ked eighty (180) feet along streets of a higher classification as shown on the city or county thoroughfare plans. Nature of Variance Requested: See attached Sheet Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary) : See attached Justification Stat:E!1:tent (1) (We) understand that this application and all papers or plans submitted herewith become a part of the pe~anent records of the Planning and Zoning Board. (1) (We) hereby certify that the above statements and the statements or showings made in any papers ~r, plans submitted herewith are true to the best of (my) (our) knowledge. This application will not be accepted unless signed below., Signature of applicant or agent: . ~.~ ~~ Date: A:PkLotVar / , - -7 STATEMENT OF USE AND JUSTIFICATION The Petitioner, Checkers Drive- Thru Restaurants, Inc., requests by this application a variance from Section 5-142 (h) (3) of the Parking Lot Regulations of the City of Boynton Beach. This section of the City code requires that private driveways be located not less than 1 80' from the intersection of the rights of way of roadways with a classification higher than a local street. The Petitioner proposes a driveway on Boynton Beach Boulevard 113' from its intersection with Old Boynton Road, in order to allow the development of the site at the northeast corner of the intersection for use as a fast food restaurant. The subject property is 1.17 acres, with an irregular shape. The property has approximately 340' of frontage along Boynton Beach Boulevard and 301.9' along Old Boynton Road. The proposed site development is shown on the site plan accompanying thi5 application, and includes details of site access. As indicated on the site plan, only one driveway per frontage is proposed. The driveways have been designed 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. The Petitioner has met with the FOOT (Florida Department of Transportation) regarding the proposed driveway location on Boynton Beach Boulevard. The FOOT 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 the 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. .__ _.IJ Justification for Ch~ckers variance, (cont'd) The proposed site plan meets the intent of the City's codes which regulate parking lot design. The variance requested is the minimum variance necessary to allow the site sufficient access, and is due to the special circumstances which exist because of the adjacency of the turn lane within the public right of way and the requirements of the FOOT for access management for classified roads within its roadway system. A literal interpretation of the City's codes imposes a hardship on the Petitioner which can be relieved only with the granting of the requested variance. The hardship is caused, in part, by the conflict which exists between the City access management standards and the FOOT's access management standards. The FOOT has indicated that the proposed driveway is in the only location which can be permitted, since it Is the furthest location which can be achieved from the intersection without interfering with the turn lane taper. Strict adherence to the 180' requirement of the City'~ code will place the driveway within the turn lane taper, clearly less safe and convenient than the location proposed by the Petitioner. The granting of the variance requested will not provide any special benefit to the Petitioner, and is not contrary to the public interest. EXHIBIT "A" If J/ VARIANCE SECTION 5-142 (h) (3) PARKING LOTS GIlAPHlf SCHF [:'::'--::'-1 J t '~) t r"~ -i ,_, "I~. :=-.. ~'- J ..... . _=-::~ 1 _':":-~'A I. J - 'I! . -! Z'-:.~. ~~::"'=: ~ j;;-;:j tlW\l R(5~~~\tlG ~.J-'-:;"'; I III"" I I .twlt. ola n o <l: o a: z o I- Z >- o CD o ...J o ~ w z \ \ \ \ I \ I , I \ I I Minimum StripIng Standa :-: - J I F (litH" l \~': HI' [[ Fnn " 11-1\"I"~I'"-~/''' '{~ , "" , ,,,~ I_ ~, ......'" ~..,.r, , p'" f~. r' ~if . , . 1'/'''1 IJ""" ,,' """, } (' " 0 'J~ ,t l.\:'~. '!"" I \' '"'^' .- ~,~ \_4_:":"__ '0, ~.......t;" ~".. ... ..p....Qor~~ o~ '-o<:..~,... ~~ ;>4 .E _.... ~... 8o~..".-" e.....c... a,_,,:;:o <:I.......,. '\ " !I!l/!!l'..= "\ _00 l"'~J t- '\ '\ , - .- .~~ <'.p;~~ ..... .p<"~~",~ ...... "'/'s. ~ "0 ....... 'J- . " .. .~ ;tl~'~~;;~~ ~~. "-C."1 ~. ... ... ..:::.'. I 1 r BOYNTON BEACH BOULEVARD I (S'EL~..~~4) ..=' -:-~ .:.: -=.-=-----= -=-.-= -=---=----" - - ---.-- i eo .1 I \L'~'C .....L.. ,fi.UATIOIP 11,._ _____ __ ~ = = -= = =- =- - ;- ~~.,~ ~~1oN -= ~ _ .""" - \.-UJ'. '''I'M ... .y"U! I "~.t"",,,1 - ENGINEERING DEPARTMENT MEMO NO. 93-301 OCTOBER 15, 1993 TO: Mike Haag Site Development Compliance Administrator FROM: Vincent A. Finizio Deputy City Engineer RE: Variance Application Technical Review Committee Comments Checker's Orive~Thru Restaurant The City Engineer has requested I correspond with you regarding the Technical Review Committee concensus opinion reference their deliberation on the above referenced variance application. The subject of this variance is a singular ingress (driveway) situated along the east rights-of-way line of Boynton Beach Blvd (Strite Rd 84). The code requires that driveways which intersect roads of a greater classification than local, shall be located a minimum of one hundred eighty (180') feet from the intersecting rights-of-way lines. The subject driveway is depicted upon plans as being located approximately ninety-four (94') feet from the intersecting rights-of-way lines of Boynton Beach Blvd and Old Boynton Road, therefore, the applicant requests relief from the provisions of City Code of Ordinances, Chapter 5, Section 5-142 (h) (3). TECHNICAL REVIEW COMMITTEE RECOMMENDATION The Technical Review Committee rendered a unanimous decision favorably recommending the variance conditioned upon the following: 1. The variance be granted conditioned upon the City receiving a a letter of intent from the State of Florida Department of Transportation authorizing the construction of this driveway pursuant to State of Florida Access Management Laws. If the State of Florida does not permit such driveway construction than the plan shall be modified to delete the entrance to this site off of Boynton Beach Blvd. 2. The variance should" be granted conditioned upon the plans being modified to extend the driveways west curb -line an additional 12 to 15 feet north additionally providing a radius turn along the curb line to provide for a vehicle channelizing area to force vehicles leaving the restaurant to make a proper left hand turn (north thru the site) precluding vehicles from entering the subject driveway which is an entrance only. This will preclude vehicles from unlawfully exiting the site onto Boynton Beach Blvd. (see attached plan) against the flow of traffic. Should you require any additional information and/or assistance, please contact me at extension 6282. ',., Engineering Dept. Memo No. 93-301 to Mike Haag, TRC October 15, 1993 Page 2 Vincent A. Finizio Deputy City Enginee VAF/jj cc: City Enaineer (as discussed) City Manager attachments / F'OUND IRON ROD LBIJ53 " /"' < , Minimum Strip!~ Standard 1" = 20' _Gt' ":~:...: . ~ '-:~. .t!\:;;.;::' TECHNICAL COMMlrrEE FOR StyE PLAN RE'iIEW Bldg. Dept ~Date /"d'f'-1~ . ~- . Date Fire Dept. ~ Dab!' /0 -I''(-,es Eng. Delft ..;.J<r:. ;., . Date 'o!,~/9S Utit Oept 'Dam /of(v('J.J I Police Oept. ~ Date /0 -1ct::t.2. P. W. Oept Date.JJ2.:.J.1(. -13 I City Planner DatP- f Rec. Dir. ." .oate / () -J';i"<j .5 forester Da~ ct~ F ~ ~. \0. '-\-'9$ t1010 'vARt,,4,looCCE. FoFl..A pp~ A.l-' o~ LOCA. I 0"-1 Of=' .D R.\~=W.A."'( 0,,", :,8o"tloJ'o"-! 6e:ACH B"'-\tQ. o Nl,..'f. 'J, " . "'7" .~. '.. . ;' ~ '''" ;.~' .- ~ . <It .' .. ' . f", '~, ~ -'." ~. :r .,;, '. . .' . / RAOIUS-3ee.97. DEL TA-23..,.37- ARC-'~2.~a' / ; ._ /'c.' 61.9 , ) , \ , .. i ) ,. - CJ r: > ) [ D- ) - - - T1 < I> ------ ... .. "0 ~ 00 Q f , ~ <ID co q """==I -==- -====:0 ~ c::::= c:=o:::::o G;~ ~ ~~:;O ~ ~ II Om I zJ . iJ . II d " ~I ' ~ ,. 't ~ .' /: II.~ I ~. ,ji I r :i ~ ~ l'J ~ f ff f~ t ~ q . ~ J 1 , y ::0 r"'1 -1 r"'1/ , ;1 if'-, ~~. "- / ,0" r;>o / . " il III il I ~ · ~I I,. I . , ::O"TI 00 OC I IIII ,~~~/:- fD6 ... =-= - u::O {Jl0 UZ .. ~J~$r4+ DEPARTMENT OF TRANSP{)RTATI( v ..~Oft ':"'LLS GOVf.MO" - - - - - - .- - - "- - 3400 w..~ C~.~a~.1 8ou1..azd ~O~~ L.ada~1.. ~la~da 3330'-3421 (US) 7'7'7-4383 HI." (;. W",' SU:KUM NOTICE CONCEPTUAL RBVIEW FINDINGS October II, 1993 - i'- -..... A\ \. \ , ~ I 9)' 1r~'V' ~O/~ ~{'7.' - ~- i ...... ;,y/)~.!.Y O.h I ,.., ((;.'11., 'F f - 1< ';Ii' .:St.,_ , h..l /:" ~C' iUI ' , ---1 (J......:/ /g, ,., . . _~, .... rl!l<. '9~ t~/ \ (,',0_ oJ '<) oJ".<;. I \ ',' - '\ :I' l:oi , ';".~. ,,'JZ-"/ \:...., .,.. ~ I. ".,;,' "'. -, ~ /' .~ r ;~~/ , _,l' Me. William E. Schipske, P. E. BCS Wescon 3195 N. Powerline Rd. Suite 106 Pompano Beach, FL 33069 Subject: Conceptual Review Number: C93200-2450-93c Permittee/Project Name: Checkers Restaurant State Section 93200, Slate Road 804 Anticipated CunntX;ion Category: " Palm Beach County City of Boynton Beach Proposed drive connectiun un SR 804 140' east of New. Old Buynton Road. You have requested the Florida Department of Transportation to review the proposed connection to Slate Road Number 804 anticipated by your development poor to initiating the application process. The Department hL'I completed this cunceptual review of the proposed connection anticipated by your development based on the site plan and in'ormatiun dated 8-18-93. It is important to note that this review does not constitute Department approval of the location or design of the connection to the State Higbway System as submitted in the conceptual review documents. The location is subject to change during issuance of thl connection permit. Pursuant to Section 335.18, Florida Statutes and Rule 14-96, F.A.C.... prior to the initiatiun uf construction ul any connection of Department right-of-way, a permit application must be filed and approved by the Department. The Department's review fands that the connectiun(s) and other proposed roadway alterations to the State Highway System as proposed: (XI Are not consistent with the Deparhnent's Access Management standards, huwever, a non conforming access connection may be issued if the following coaditiuns are met 't)r the reasnn. stated helow: (TheMCI fandings are vlllid for II periou 01 6 months.) CONDITIONS/REASONS - The connection will be restricted to right in only. - The right turn lane should be reconstructed tu current D.O. T. standards. Should yuu have llny questions please call me or Mr. Sammy Elsheikh at the above number. cc: Jim Chobin Brett Drouin Alan Rothmann Mike Kazunas OCT 2 0 t9I.J 00 PlANNING AND ZONING DEPT. ~ - I" .... 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City Manager Mil said this port n of paving will brought back the Commission in conjun tion with the re rfacing project. ommissioner Kat felt there a many more im rtant areas in t City requiring r urfacing and, t applicant ould pay for th first thirty feet ~ resurfacing. Aguila advis that this area '~elongs to the Cit ~ '"'-''' ~ '-., Tem Matson mOved to approve. ~ce Mayor Aguila 'ed unanimously. ' B. NON-CONSENT AGENDA - NOT UNANIMOUSLY APPROVED BY PLANNING & DEVELOPMENT 1. Project Name: Checkers Drive-In Restaurant Agent: Anna Cottrell Owner: Checkers Drive-In Restaurant, Inc. Location: Northeast corner of Boynton Beach Boulevard and Old Boynton Road Description: PARKING LOT VARIANCE: Request for a variance to Section 5-142{h){3) Driveway of Article X, Parki ng Lots \ Ms. Heyden made a brief presentation and advised that since Boynton Beach\ 41 Boulevard is an arterial, there is a requirement that the driveway must b~ located no less than 180' from the intersecting rights-of-way lines. The appli- cant is requesting that their driveway be located 1131 from the intersection of Boynton Beach Boulevard and Old Boynton Road. The Planning and Development Board voted 4-2 in favor of the variance. There are staff comments attached relative to F.D.O.T. approval and extension of the on-site access lane. Mayor Hanmening feels that if the Commission follows the concept which has been set forth in the criteria with regard to the distance for the driveway, this lot may be rendered useless for any purpose. He will support this variance. Motion Commissioner Katz moved to approve subject to all staff comments. Commissioner Wa1shak seconded the motion which carried 4-1. (Vice Mayor Aguila cast the dis~enting vote.) C. OTHER SIGN PLAN RE - Request Checkers Dr -In Restaurant. c. to seek re ief fram the r f covering a arch1- ctural featu s requirement of the Commun y Design Pla ( theast corne f Boynton Be h Boulevard a Old Boynton oad ~ in t Spanishl Me erranean des n district) Vice MaYO~Uila feels is is a very dern buildin ments and i'~~ being cal d Med1terrane · Ms. Heyden advised that Checkers would like cora 1. 4 -JZm:"':