REVIEW COMMENTS
8.A.!
The Villager Pub at the Villager Plaza
PUBLIC HEARING
Conditional Use
I
PLANNING AND ZONING DEPARTMENT
MEMORANDUM 1196-176
TO: Chairman and Members
Planning and Development Board
THRU: Tambri J. Heyden ~
Planning and Zoning Director
FROM: Michael E. Haag
Current Planning Coordinator
DATE: April 4, 1996
SUWECT: The VlIlaller Pub at Villager Plaza - COUS 96-001
Conditional Use Approval (bar at the plaza)
INTRODUCTION:
The Villager Pub is an existing tenant within the Villager plaza located at 1403 W. Boynton
Beach Boulevard. The pub obtained an occupational license as a restaurant serving beer
and wine in 1982. The total area of the tenant space was 1,000 square feet. In the recent
past the pub owner removed the kitchen facilities from the tenant space without notification
to the city. Removing the kitchen facility changed the use from a restaurant serving beer
and wine to a bar serving beer and wine. Consistent with Section 6. C. 1. d., a bar located
within six hundred (600) feet of property lying within a residential zoning district, as
measured by direct distance between property lines, requires conditional use approval. As
indicated on the attached Exhibit B - location map, residential property is located within
600 feet of the subject property.
Approval of a permit request in September of 1995 allowed the Villager Pub to expand into
an adjacent vacant tenant space to set up pool tables. The square footage of the pub
increased from 1,000 square feet to 1,750 square feet. At the time of the permit request,
the city was unaware of the removal of the kitchen facilities and the expansion did not
include a kitchen. The Villager Pub (bar) is currently operating without a legitimate
occupational license, however, the proprietor has now applied for a license to operate the
facility as a bar which cannot be authorized without conditional use approval. If the
rC(luest is denied and the tenant wishes to remain at the Villager Plaza, the proprietor of
the pub would have to reinstate food service which would require the facility to generate
one-half of the gross proceeds from the sale of food. Reinstatement of food service will
allow the current occupational license for a restaurant serving beer and wine to remain in
effect.
PROJECT DATA: (See attached Exhibit "A" - site plan)
Land Use Plan
Designation: Local Retail Commercial(LRC)
Zoning District: Community Commercial (C-3)
Type of Use: Bar
Number of Units: N/ A
Square Footage:
Existing Building:
Tenant space:
Site:
20,700 square feet
1,750 square feet
1. 62 acres
d
\
Page 2
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
SURROUNDING LAND USES AND ZONING: (See attached Exhibit "B" - location map)
North -
Lake Worth Drainage District Lateral 24 canal and farther north/northwest
is an existing shopping center, zoned C-3. Vacant land, zoned R-IAA,
single-family residential, lies to the northeast.
East -
Existing strip commercial center zoned PCD, Planned Commercial
Development
South -
Boynton Beach Boulevard and farther south are existing commercial centers,
zoned C-3
West -
Existing commercial building, zoned C-3
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2.0 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 evaluation of
the application as it pertains to the standards:
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.
The existing project has a two-way driveway on Boynton Beach Boulevard
leading to the on-site parking area. There is cross access from the subject
property to the adjacent existing projects to the east and west which also
allow access to Boynton Beach Boulevard. No changes to this arrangement
are proposed or recommended by staff.
2. Off-street parking and loading areas where required, with particular
attention to the items in Subsection I above, and the economic, glare, noise,
and odor effects the conditional use will have on adjacent and nearby
properties, and the city as a whole.
A total of 104 parking spaces are required by code and 79 spaces are
provided at the site. This situation is legally nonconforming and no
additional parking is proposed by the applicant. The parking spaces are
located between the front property line at Boynton Beach Boulevard and the
front of the building which is parallel to and faces Boynton Beach Boulevard.
There is an existing 12 foot wide paved area along the rear of the building.
Access to this area is at each end of the building. A survey of the site
indicates that additional paved area was added to the 12 foot wide area, but
3
Page 3
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
that this additional paved area Is located In the Lake Worth Drainage District
Lateral 24 Cahll r1Ilht..otaway. The 12 foot wide on-lite area and the
additional paved area (approximately 12 foot wide) allows delivery vehicles
tight, two-way passage to deliver provisions to the rear of the tenant spaces.
In addition, unimproved land owned by the Lake Worth Drainage District
that is located directly north of the paved area is being used for parking and
is not screened from view from adjacent residential property (see Planning
and Zoning Department comments).
With respect to any adverse effect on the adjacent residential properties, the
recommendation for hedge screening will improve the appearance of the rear
of the center. Aside from this, the floor plan of the bar will not
accommodate live music that could generate loud noise and attract sizable
groups of customers. Pool tables are the primary use of the expanded bar
area.
3. Refuse and service areas, with particular reference to the items in Subsection
I and 2 above.
The two (2) existing refuse bins are located along the north property line of
the site at the rear of the building. The Public Works Department has
indicated that the existing refuse bins are acceptable, however, for safety
purposes they would like the traffic pattern for the sanitation vehicles to be
delineated as one-way around the rear of the building (see Public Works
comment). The Planning and Zoning Department is recommending that the
refuse bins/dumpsters be enclosed with a structure complying with current
code regulations (see Planning and Zoning Department comments) to prevent
movement of the dumpsters and keep them away from overhead utility lines
and to improve the aesthetics of the rear of the center that is visible from
adjacent residential zoned property.
4. Utilities, with reference to locations, availability, and compatibility.
There are no utility concerns with the proposed new use.
5. Screening, buffering and landscaping with reference to type, dimensions, and
character.
There is existing landscaping at the site and no additional landscaping is
proposed with this request. No rear landscaping exists, therefore the
Planning and Zoning Department recommends that a hedge be installed along
the rear property line to continue screening that is provided along the rear
of adjacent commercial properties.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
No additional signage or exterior lighting is proposed for the proposed use.
7. Required setbacks and other open spaces.
The existing structure is legally nonconforming with regards to the rear
setback. All other setbacks comply with the C-3 building and site
regulations. No expansion of the existing building is proposed with the
'(-
Page 4
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
subject request.
8. General compatibility with adjacent properties, and other property in the
zoning district.
The ml\iority of the adjacent properties is zoned commercial and is being
tllSed for retail purposes, ,.dmil.r to the subject shopping center. The
residential zoned property to the northwest Is predominantly vacant Bnd Is
sizable enough to be subdivided Into three to four lots. Provided the rear
parking and screening recommendations are addressed, this use, too, would
be generally compatible.
9. Height of buildings and structures, with reference to compatibility and
harmony to adjacent and nearby properties, and the city as a whole.
The existing building is a one-story structure and no additional building
square footage is proposed with the requested use.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
Aside from what has been discussed under items 2 and 8 above, additional
economic effects are foreseen.
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. [Part III Land Development Regulations Chapter 4]
Compliance of permit drawings with attached staff comments will provide
conformance to the above-referenced requirements.
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.
No additional effect is foreseen. The Police Department indicated that there
have not been any complaints relative to the existing use.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this conditional use request,
subject to the comments in Exhibit C - Conditions of Approval. The Technical Review
Committee recommends that the deficiencies identified in this exhibit be corrected on the
set of plans submitted for building permit.
MEH:dim
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LOCATION MAP
VILLAGER PUB
)
R'I A A
,
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EXHIBIT .. e"
Conditions of Approval
Project name: Villager Plaza
File number: COUS 96-001
References The DIane consist of 5 sheet: ~g~~t~~ieg as 1st
Review. Conditional Use Aporoval. File _ _ -0 1 with a March
8. 1996 Plannina and Zonina Department Date St~mp m;rkina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. It is recommended that the traffic
pattern at the rear of the plaza be
modified to restrict it to only allow
one way traffic. The traffic should
be limited to only enter at the west
end and exit at the east end. This
would allow service in a safer and
efficient manner than the present
arrangement.
I UTILITIES NONE I
Comments:
I FIRE I
: Comments, NONE
I POLICE I
. Comments: NONE
I ENGINEERING DIVISION I I
NONE
Comments:
I BUILDING DIVISION I
: Comments, NONE
I PARKS AND RECREATION I
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
2. To provide a safe and efficient
traffic pattern show on the site plan
and install on site a one-way west to
east traffic flow for the access aisle
located at the ends and rear of the
existing building. Also show the
location of traffic control pavement
markings and traffic control signs to
support the one-way traffic.
1/
I DEPARTMENTS
3. To keep the plaza customers from
parking vehicles on and damaging the
adjacent Lake Worth Drainage District
property located north of the building
and to improve the rear appearance
either request authorization from the
Lake Worth Drainage District to
construct parking spaces within their
right-of-way or request authorization
to post "No Parking" signs and install
a continuous native specie hedge,
meeting the vehicle use area standards
identified in the landscape code,
along the north side of the existing
paved access aisle.
4. If the above recommendation to add
parking in the rear is approved, a
draft document requiring signature by
the subject property owner and Lake
Worth Drainage District shall be
submitted for review. The document
shall include language that would
allow the property owner perpetual use
and maintenance responsibility of the
paved access aisle and drainage
structures located on the district
property.
5. Construct concrete block and stucco
dumpster enclosures that include a
recycling bin around the two (2)
existing dumpster areas shown on the
site plan. The location and design of
the enclosures shall be consistent
with city regulations.
6. It 1S recommended that the Villager
Pub (bar) use be limited to the
proposed 1,750 square foot floor area
and that the occupational license
stipulate the maximum floor area.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
MEH/dim
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/d.
I INCLUDE I REJECT I
'j'UJ\cKINl;; Lut; - ~I'J'I~ 1'LAN JU':V .l1~W ~UUMI'j"j'AJ.
PHuJl::C'l' :l'l/l'LE: VILLAGE PUB FILl:: Nu.: COUS 96-001
L1ESeRl f"1' ION:
'l'Yf'E: 1,1 NEW SITE PLAN MAJOR SITE PLAN MODIFICA'l'ION
DATE REC'D: AMOUNT: RECEIPT NO.:
.1
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
COLORED ELEVATIONS REC'D:
(Plans shall be pre-assembled. The Planning & Zoning Dept. will number each
sheet of their set. The planning Dept. set will be used to check the
remaining sets to ensure the number and type of sheets match.)
* ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL:
DATE:
ACCEPTED
--DENIED
DATE:
DATE OF LET'rER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
2nd SUBHIT'l'AL
ACCEPTED
DENIED
DATE:
DATE:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
REVIEWER'S NAME:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Label TRC Departments on each set of plans)
DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW.
DATE SENT:
RETURN DATE:
MEMO NUMBER:
1st REVIEW COHMENTS RECEIVED
PLANS MEMO ft / DATE / "C"
ut il . Y qt.-.-\()~ / 5-;)..\'~~ / C
P.W. ~?-(h 1'3-N- / C
Parks =E -~ 1'3114 qb/ CJ
Fire - '/ . I c../
Police c~ 13 I" ~ r:-, / 0
P.l}J , ,(., - o\:, \ ~ (-J. ~ fr1 ~ C'/
TYPE OF VARIANCE(S)
Planninn
Building
Engineer
Engineer
Forester
PLANS MEMO It / P ~~E / "C"
1'&-/71 I . V~L I ("~
Y qb-OqO I~' (1 I~
'1(.,- O? q I I C--
~ (.1~\-1l\ '+' j ']-\~P{" ~ C-_
--r- 9 (.-I(j,j <fJ4hb t!--
DATE OF MEETING:
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIBW COMMENTS:
(Aesthetic Review App., dates of board mtgs. & checklist sent out w/ comments
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents)
COLORED ELEVATIONS REC I D:
MEMO SENT TO TRC TO PERFORM 2nd REVIEW.
DA'l'E SENT: MEMO *:
RETURN DATE:
2nd REVIEW RECOMMENDATION/DENIAL
PLANS MEMO ft / DATE /"R/D" PLANS MEMO ft I DATE I"R/D"
Utile / / Planning I I
P.W. / / 8uilding / /
Parks / / Engineer / /
Fire / / Engineer / /_--
Police / / For ester / /
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND DEVELOPMENT SIGNS
PLACED AT 'llHE PROPERTY DATE SENT/SIGNS INS'l'ALLED:
SCHEDULE OF BOARD MEETINGS: PAD
CC/CRA
DATE APPROVAL LETTER SENT:
ill m MAR ~ ~ !:c ~ rn
._..J
FIRE PREVENTION MEMORANDUM NO. 96-228
TO: Tambri Heyden, Director
Planning Department
FROM: William D. Cavanaugh, FPO I
Fire Department
DATE: March 12, 1996
RE: CODS 96-001
Village Pub
1403 W. Boynton Beach Blvd.
We have no objections to this proposal.
cc: Chief Jordan
FPO II Campbell
File
rt
'1.._'--1.-..
40J~~
BUILDING DIVISION
rn
~ cg ~ ~ W ~! rml
j, "l'
MAR I 3~ qUi;
MEMORANDUM NO. 96-090
PLANNING A"JD
ZONING DEPT.
,
I
,I
March 13, 1996
To:
Michael Haag, Zoning/Site Administrator
From:
Al Newbold, Deputy Development Director
Re:
Conditional Use Approval- Villager Pub
Bay 4 and Bay 5 - Villager Plaza
The Building Division has no objection to the Conditional Use approval for the Villager Pub,
however, I reviewed our files as promised to determine what happened and why Building did not
Site approve this when we issued Permit No. 95-3955 on September 26, 1995.
The plans and application was to cut one door and two pass-through windows in the wall
between Bay 4 and Bay 5. Site was not contacted since the work was inside and we had no
knowledge of any other work, i.e., the removal ofthe kitchen equipment to change it to a bar
only pub.
Occupational License files show that the new owner made application to add pool tables and to
make the change to a bar. The Planning Department was asked to approve the change in a C-3
Zone and parking. From that point the attached Transmittal Memorandum and Memorandum
No. 95-077 from Occupational License and your Memorandum No. 96-111 covers it from that
point.
I hope this clarifies the facts for you as you present this request to the City Commission for
approval.
AN:mh
~~/
Al New I
Atts:
OL Transmittal, OL Memorandum No. 96-077 and P&Z Memorandum No. 96-111
cc:
William V. Hukill, P.E., Development Director
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RECREATION & PARK MEMORANDUM #96-146
To:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendeot r
The Villager Pub at the Villager Plaza -Conditional Use Request
From:
RE:
Date: March 22, 1996
The Recreation and Park Department has reviewed the Conditional Use Request for the Villager
Pub. There are no recreation related comments. The project may continue through the normal
reVlew process.
JW
BOYNTON BEACH POLICE DEPARTMENT
TRAFFIC UNIT
[D) ~ @ ~ u~m
I U11 ~":'f: ~ 't L:.:
ZONI~G DEPT.
TO:
FROM:
DATE:
REF:
TAMBRI HEYDEN, PLANNING & ZONING DIRECTOR
SGT. MARLON HARRIS
16 MARCH 96
THE VILLAGER PUB MEMO #0213
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PLfl,NNING AND .J
ZONiNG DEPT. r _ .
TO:
Tambri J. Heyden,
Planning & Zoning Di
FROM:
John A. Guidry, ~
Director of Utilities ~
March 20,1996
Date:
SUBJECT:
The Villager Pub,
Conditional Use First Review
Staff has reviewed the above referenced project and offer the following comments:
1. Utilities has no comment at this time.
It is our recommendation that the plan proceed through the review process.
If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or
Peter Mazzella at 375-6404.
sm/vilpub 1
xc: Clyde "Skip" Milor
Peter Mazzella Ii- /
File
PUBLIC WORKS DEPARTMENT
MEMORANDUM #96-053
TO:
Tambri J. Heyden, Planning & Zoning Director
FROM:
Robert Eichorst, Public Works Director
SUBJ:
Site Plan Review - The Villager Pub
DATE:
March 14, 1996
The Public Works Department has no problems with the above site plan.
bert Eichorst
blic Works Director
RElcr
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RECREATION & PARK MEMORANDUM #96
FROM:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks superintendentjJ
The Villager Pub
.~_...-
TO:
RE:
DATE:
March 14, 1996
The Recreation and Park Department has reviewed the plan for The Villager Pub. There are no
outstanding recreation issues on this project. We recommend that the plan continue through the
normal review process.
JW:ad
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-111
TO: patricia A. Mathis
Occupational License Administrator
FROM: Tambri J. Heyden ~ / 7fd
Planning and Zoning Director
DATE: March 4, 1996
SUBJECT: Pending Zoning Determinations
Regarding the seven occupational license applications you
referenced in your February 29th memorandum (Boynton Beach Boat
Rentals, Fun Time Cameras'; Boynton Beach CDC; All Right Auto, IT
Corporations;/ The Villager Pub/' and Phoenix), inspections for none
of these applications should be scheduled as either zoning approval
cannot be granted or is pending, due to necessary, in progress,
environmental review permit modification approval, site work,
conditional use approval or legal assistance. In each cited case,
the departmenet has had contact with the applicant to tell them
what they must do to obtain zoning approval or whether zoning
approval cannot be granted. Upon zoning approval, we will notify
you when inspections for any of the referenced applications can be
initiated.
TJH:dim
xc: Bill Hukill, Department of Development Director
Central File
a: PndgOcLS.mem
. ,.
./
BUILDING DIVISION
MEMORANDUM NO. 96-077
February 29, 1996
TO:
Tambri J. Heyden, Planning & Zoning Director
Patricia A. Mathis, Occupational License Administrato~J
PENDING ZONING DETERMINATIONS
FROM:
RE:
Attached are copies of 7 Occupational License Applications which
were transmitted to your office on the following dates:
1-8-96
1-12-96
1-16-96
1-16-96
1-16-96
1-25-96
1-26-96
Boynton Beach Boat Rentals, Inc.
Fun Time Cameras, Inc.
Boynton Beach Community Development Corp.
All Right Auto Sales
IT Corporation
The Villager Pub
Phoenix
I cannot schedule the required building and fire life safety
inspections for these applicants until such time as zoning
approval is received from your office. Accordingly, please
forward your written determinations to this office as soon as
possible.
Thank you in advance for your assistance in this regard.
PAM/vsb
Attachments
xc: William Hukill
memotjh.ol
/'
TRANSMITTAL
January 25, 1996
FROM:
Tambri J. Heyden, Planning & Zoning Director
Patricia A. Mathis, Occupational License Administrato~'
THE VILLAGER PUB
TO:
RE:
Attached please find an application for an occupational license
at 1403 W. Boynton Beach Blvd. #4D/5E.
The Villager Pub is currently licensed as a 30 seat
restaurant/pub. The applicant has discontinued the restaurant
portion of the business and has submitted an application to
remain as a bar/pub.
I have reviewed the application and the Zoning Code and find that
the C-3 zoning lists bars/cocktail lounges as requ1r1ng
conditional use approval if located within 600 feet of a
residential zoning district.
Please review for conformity with our Zoning Code and advise me
as to the following:
1. Is this a permitted use?
2. Are there any additional parking requirements to be met
prior to the issuance of an occupational license?
PAM/vsb
Attachments
XC: William Hukill, P.E.
trllnvill.ol
TO:
FROM:
RE:
DATE:
RECREATION & PARK MEMORANDUM #96-137
Tambri Heyden, Planning & Zoning Director
Kevin 1. Hallahan, ForesterlEnvironmentalist j<( ~ ~
The Villager Pub - Conditional Use
March 18, 1996
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PLi\i'H\ii'JG AND
ZONiNG gtPT.
There are no comments. The project should continue in the normal review process.
KH:ad
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5 1996
RECREATION & PARKS MEMORANDUM NO. 96-169
1
L~'\~R
PLANNIHG ;1.'\)i)
.. . <___l\llil~Q._2€f.L____~
FROM:
Tambri Heyden, Director of Planning \ V
Kevin J. Hallahan, ForesterlEnvironmentalist ~ \g ~
TO:
DATE:
April 4, 1996
SUBJECT:
The Village Pub at the Villager Plaza
No comments on this project. The project should continue in the normal review process.
KH:cm
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-179
TO:
Tambri J. Heyden
Planning and Zoning Dir~,.r
Michael E. Haag :l= f.#(;
Current Planning dinator
April 4, 1996
FROM:
DATE:
SUBJECT:
Conditional Use Approval - 1st Review
Project: Villager Plaza
Location: 1403 West Boynton Beach Boulevard
Agent: Alexander K. Mitchell
File No.: COUS 96-001
The following is a list of 1st review comments reeardine the review of the nlan~ for thp
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PUBLIC WORKS DEPARTMENT
MEMORANDUM #96-061
TO: Tambri Heyden, Planning & Zoning Director
THRU:
Robert Eichorst, Public Works Director
\tc
FROM:
Larry Quinn, Sanitation Superintendent
SUBJ:
Villager Pub - Villager Shopping Plaza
DATE:
March 22, 1996
The Public Works Department would like to have the traffic pattern at the rear of the plaza
restricted to only allow one way traffic. The traffic should be limited to only enter at the west
end and exit at the east end. This would allow us to provide service in a safe and efficient
manner.
........
arry Quinn
Sanitation Superintendent
LQ/cr
. -
BUILDING DIVISION
1m
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MEMORANDUM NO. 96-090
PLANNING A'JD
ZONING DEPT.
March 13, 1996
To:
Michael Haag, Zoning/Site Administrator
From:
Al Newbold, Deputy Development Director
Re:
Conditional Use Approval- Villager Pub
Bay 4 and Bay 5 - Villager Plaza
The Building Division has no objection to the Conditional Use approval for the Villager Pub,
however, I reviewed our files as promised to determine what happened and why Building did not
Site approve this when we issued Permit No. 95-3955 on September 26, 1995.
The plans and application was to cut one door and two pass-through windows in the wall
between Bay 4 and Bay 5. Site was not contacted since the work was inside and we had no
knowledge of any other work, i.e., the removal of the kitchen equipment to change it to a bar
only pub.
Occupational Licens~ files show that the new owner made application to add pool tables and to
" make the change to a bar. ,The Planning Department was asked to approve the change inaC::r'
Zone and parking. From that point the attached Transmittal Memorandum and Memorandum
No. 95-077 from Occupational License and your Memorandum No. 96-111 covers it from that
point.
I hope this clarifies the facts for you as you present this request to the City Commission for
approval.
AN:mh
$~2~
Al New I
Atts:
OL Transmittal, OL Memorandum No. 96-077 and P&Z Memorandum No. 96-111
cc:
William V. Hukill, P .E., Development Director
C:\ WPWIN60\ WPDOCS\MISCMH\ VILLAGER. WPD
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-111
TO: Patricia A. Mathis
Occupational License Administrator
FROM: Tambr i J. Heyden ~ / ?fd
Planning and Zoning Director
DATE: March 4, 1996
SUBJECT: Pending Zoning Determinations
Regarding the seven occupational license applications you
referenced in your February 29th memorandum (Boynton Beach Boat
Rentals, Fun Time Cameras'; Boynton Beach CDC; All Right Auto, IT
Corporations; The Villager Pub/and Phoenix), inspections for none
of these applications should be scheduled as either zoning approval
cannot be granted or is pending, due to necessary, in progress,
environmental review permit modification approval, site work,
conditional use approval or legal assistance. In each cited case,
the departmenet has had contact with the applicant to tell them
what they must do to obtain zoning approval or whether zoning
approval cannot be granted. Upon zoning approval, we will notify
you when inspections for any of the referenced applications can be
initiated.
TJH:dim
xc: Bill Hukill, Department of Development Director
Central File
a:PndgOcLs.mem
/
BUILDING DIVISION
MEMORANDUM NO. 96-077
February 29, 1996
TO:
Tambri J. Heyden, Planning & Zoning Director
Patricia A. Mathis, Occupational License Administrato~J
PENDING ZONING DETERMINATIONS
FROM:
RE:
Attached are copies of 7 Occupational License Applications which
were transmitted to your office on the following dates:
1-8-96
1-12-96
1-16-96
1-16-96
1-16-96
1-25-96
1-26-96
Boynton Beach Boat Rentals, Inc.
Fun Time Cameras, Inc.
Boynton Beach Community Development Corp.
All Right Auto Sales
IT Corporation
The Villager Pub
Phoenix
I cannot schedule the required building and fire life safety
inspections for these applicants until such time as zoning
approval is received from your office. Accordingly, please
forward your written determinations to this office as soon as
possible.
Thank you in advance for your assistance in this regard.
PAM/vsb
Attachments
xc: William Hukill
IIHIIDOtjh.ol
~
TRANSMITTAL
January 25, 1996
TO:
FROM:
Tambri J. Heyden, Planning & Zoning Director
Patricia A. Mathis, Occupational License Administrato~'
THE VILLAGER PUB
RE:
Attached please find an application for an occupational license
at 1403 W. Boynton Beach Blvd. #4D/5E.
The Villager Pub is currently licensed as a 30 seat
restaurant/pub. The applicant has discontinued the restaurant
portion of the business and has submitted an application to
remain as a bar/pub.
I have reviewed the application and the Zoning Code and find that
the C-3 zoning lists bars/cocktail lounges as requiring
conditional use approval if located within 600 feet of a
residential zoning district.
Please review for conformity with our Zoning Code and advise me
as to the following:
1. Is this a permitted use?
2. Are there any additional parking requirements to be met
prior to the issuance of an occupational license?
PAM/vsb
Attachments
XC: William Hukill, P.E.
tranvill.ol
PLANNING AND WNING DEPARTMENT
MEMORANDUM #96-176
TO: Chairman and Members
Planning and Development Board
THRU: Tambri J. Heyden ~
Planning and Zoning Director
FROM: Michael E. Haag
Current Planning Coordinator
DATE: April 4, 1996
SUBJECT: The Villager Pub at Villager Plaza - COUS 96-001
Conditional Use Approval (bar at the plaza)
INTRODUCTION:
The Villager Pub is an existing tenant within the Villager plaza located at 1403 W. Boynton
Beach Boulevard. The pub obtained an occupational license as a restaurant serving beer
and wine in 1982. The total area of the tenant space was 1,000 square feet. In the recent
past the pub owner removed the kitchen facilities from the tenant space without notification
to the city. Removing the kitchen facility changed the use from a restaurant serving beer
and wine to a bar serving beer and wine. Consistent with Section 6. C. 1. d., a bar located
within six hundred (600) feet of property lying within a residential zoning district, as
measured by direct distance between property lines, requires conditional use approval. As
indicated on the attached Exhibit B - location map, residential property is located within
600 feet of the subject property.
Approval of a permit request in September of 1995 allowed the Villager Pub to expand into
an adjacent vacant tenant space to set up pool tables. The square footage of the pub
increased from 1,000 square feet to 1,750 square feet. At the time of the permit request,
the city was unaware of the removal of the kitchen facilities and the expansion did not
include a kitchen. The Villager Pub (bar) is currently operating without a legitimate
occupational license, however, the proprietor has now applied for a license to operate the
facility as a bar which cannot be authorized without conditional use approval. If the
request is denied and the tenant wishes to remain at the Villager Plaza, the proprietor of
the pub would have to reinstate food service which would require the facility to generate
one-half of the gross proceeds from the sale of food. Reinstatement of food service will
allow the current occupational license for a restaurant serving beer and wine to remain in
effect.
PROJECT DATA: (See attached Exhibit "A" - site plan)
Land Use Plan
Designation: Local Retail Commercial(LRC)
Zoning District: Community Commercial (C-3)
Type of Use: Bar
Number of Units: N/A
Square Footage:
Existing Building:
Tenant space:
Site:
20,700 square feet
1,750 square feet
1. 62 acres
c:(
Page 2
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
SURROUNDING LAND USES AND ZONING: (See attached Exhibit "B" - location map)
North -
Lake Worth Drainage District Lateral 24 canal and farther north/northwest
is an existing shopping center, zoned C-3. Vacant land, zoned R-IAA,
single-family residential, lies to the northeast.
East -
Existing strip commercial center zoned PCD, Planned Commercial
Development
South -
Boynton Beach Boulevard and farther south are existing commercial centers,
zoned C-3
West -
Existing commercial building, zoned C-3
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 1l.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 evaluation of
the application as it pertains to the standards:
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.
The existing project has a two-way driveway on Boynton Beach Boulevard
leading to the on-site parking area. There is cross access from the subject
property to the adjacent existing projects to the east and west which also
allow access to Boynton Beach Boulevard. No changes to this arrangement
are proposed or recommended by staff.
2. Off-street parking and loading areas where required, with particular
attention to the items in Subsection I above, and the economic, glare, noise,
and odor effects the conditional use will have on adjacent and nearby
properties, and the city as a whole.
A total of 104 parking spaces are required by code and 79 spaces are
provided at the site. This situation is legally nonconforming and no
additional parking is proposed by the applicant. The parking spaces are
located between the front property line at Boynton Beach Boulevard and the
front of the building which is parallel to and faces Boynton Beach Boulevard.
There is an existing 12 foot wide paved area along the rear of the building.
Access to this area is at each end of the building. A survey of the site
indicates that additional paved area was added to the 12 foot wide area, but
3
Page 3
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
that this additional paved area is located in the Lake Worth Drainage District
Lateral 24 Canal right-of-way. The 12 foot wide on-site area and the
additional paved area (approximately 12 foot wide) allows delivery vehicles
tight, two-way passage to deliver provisions to the rear of the tenant spaces.
In addition, unimproved land owned by the Lake Worth Drainage District
that is located directly north of the paved area is being used for parking and
is not screened from view from adjacent residential property (see Planning
and Zoning Department comments).
With respect to any adverse effect on the adjacent residential properties, the
recommendation for hedge screening will improve the appearance of the rear
of the center. Aside from this, the floor plan of the bar will not
accommodate live music that could generate loud noise and attract sizable
groups of customers. Pool tables are the primary use of the expanded bar
area.
3. Refuse and service areas, with particular reference to the items in Subsection
I and 2 above.
The two (2) existing refuse bins are located along the north property line of
the site at the rear of the building. The Public Works Department has
indicated that the existing refuse bins are acceptable, however, for safety
purposes they would like the traffic pattern for the sanitation vehicles to be
delineated as one-way around the rear of the building (see Public Works
comment). The Planning and Zoning Department is recommending that the
refuse bins/dumpsters be enclosed with a structure complying with current
code regulations (see Planning and Zoning Department comments) to prevent
movement of the dumpsters and keep them away from overhead utility lines
and to improve the aesthetics of the rear of the center that is visible from
adjacent residential zoned property.
4. Utilities, with reference to locations, availability, and compatibility.
There are no utility concerns with the proposed new use.
5. Screening, buffering and landscaping with reference to type, dimensions, and
character.
There is existing landscaping at the site and no additional landscaping is
proposed with this request. No rear landscaping exists, therefore the
Planning and Zoning Department recommends that a hedge be installed along
the rear property line to continue screening that is provided along the rear
of adjacent commercial properties.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
No additional signage or exterior lighting is proposed for the proposed use.
7. Required setbacks and other open spaces.
The existing structure is legally nonconforming with regards to the rear
setback. All other setbacks comply with the C-3 building and site
regulations. No expansion of the existing building is proposed with the
f
Page 4
Memorandum No. 96-176
The Villager Pub at Villager Plaza
COUS 96-001
subject request.
8. General compatibility with adjacent properties, and other property in the
zoning district.
The majority of the adjacent properties is zoned commercial and is being
used for retail purposes, similar to the subject shopping center. The
residential zoned property to the northwest is predominantly vacant and is
sizable enough to be subdivided into three to four lots. Provided the rear
parking and screening recommendations are addressed, this use, too, would
be generally compatible.
9. Height of buildings and structures, with reference to compatibility and
harmony to adjacent and nearby properties, and the city as a whole.
The existing building is a one-story structure and no additional building
square footage is proposed with the requested use.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
Aside from what has been discussed under items 2 and 8 above, additional
economic effects are foreseen.
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. [Part III Land Development Regulations Chapter 4]
Compliance of permit drawings with attached staff comments will provide
conformance to the above-referenced requirements.
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.
No additional effect is foreseen. The Police Department indicated that there
have not been any complaints relative to the existing use.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this conditional use request,
subject to the comments in Exhibit C - Conditions of Approval. The Technical Review
Committee recommends that the deficiencies identified in this exhibit be corrected on the
set of plans submitted for building permit.
MEH:dim
xc: Central File
c:villager. pub
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EXHIBIT II C"
Conditions of Approval
Project name: Villager Plaza
File number: COUS 96-001
Reference: The plans consist of 5 sheets identified as 1st
Review, Conditional Use Approval, File # COUS 96-001 with a March
8, 1996 Planninq and Zoninq Department Date Stamp markinq.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments:
1. It is recommended that the traffic
pattern at the rear of the plaza be
modified to restrict it to only allow
one way traffic. The traffic should
be limited to only enter at the west
end and exit at the east end. This
would allow service in a safer and
efficient manner than the present
arrangement.
I UTILITIES NONE I I
Comments:
I FIRE I I
Comments: NONE
I POLICE I I
Comments: NONE
I ENGINEERING DIVISION I I
Comments: NONE
I BUILDING DIVISION I I
Comments: NONE
I PARKS AND RECREATION I I
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
2. To provide a safe and efficient
traffic pattern show on the site plan
and install on site a one-way west to
east traffic flow for the access aisle
located at the ends and rear of the
existing building. Also show the
location of traffic control pavement
markings and traffic control signs to
support the one-way traffic.
1/
I DEPARTMENTS
3. To keep the plaza customers from
parking vehicles on and damaging the
adjacent Lake Worth Drainage District
property located north of the building
and to improve the rear appearance
either request authorization from the
Lake Worth Drainage District to
construct parking spaces within their
right-of-way or request authorization
to post "No Parking 11 signs and install
a continuous native specie hedge,
meeting the vehicle use area standards
identified in the landscape code,
along the north side of the existing
paved access aisle.
4. If the above recommendation to add
parking in the rear is approved, a
draft document requiring signature by
the subject property owner and Lake
Worth Drainage District shall be
submitted for review. The document
shall include language that would
allow the property owner perpetual use
and maintenance responsibility of the
paved access aisle and drainage
structures located on the district
property.
5. Construct concrete block and stucco
dumpster enclosures that include a
recycling bin around the two (2)
existing dumpster areas shown on the
site plan. The location and design of
the enclosures shall be consistent
with city regulations.
6. It is recommended that the Villager
Pub (bar) use be limited to the
proposed 1,750 square foot floor area
and that the occupational license
stipulate the maximum floor area.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
MEH/dim
a:ComDept.Vil/p&d
I:}
I INCLUDE I REJECT I
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-179
FROM:
Tambri J. Heyden
Planning and Z:ing Dir~~r
Michael E. Haag :l= f..I1'd
Current Planning oinator
April 4, 1996
TO:
DATE:
SUBJECT:
Conditional Use Approval - 1st Review
Project: Villager Plaza
Location: 1403 West Boynton Beach Boulevard
Agent: Alexander K. Mitchell
File No.: COUS 96-001
The following is a list of 1st review comments regarding the review of the plans for the
above-referenced project:
1. To provide a safe and efficient traffic pattern show on the site plan and install at the
site a one-way west to east traffic flow for the access aisle located at the ends and
rear of the existing building. Also show the location of traffic control pavement
markings and traffic control signs to support the one-way traffic.
2. To keep the plaza customers from parking vehicles and damaging the undeveloped
land of the Lake Worth Drainage District property located north of the building
either request authorization from the Lake Worth Drainage District to construct
parking spaces within their right-of-way or request aut~orization to post "No
Parking" signs and install a continuous native specie hedge, meeting the vehicle use
area standards identified in the landscape code, along the north side of the existing
paved access aisle.
3. A recommendation that would allow some vehicles to park at the rear of the building
would be to install, to city code, parallel parking spaces along the rear of the
building. If this recommendation is approved, a draft document requiring signature
by the subject property owner and Lake Worth Drainage District shall be submitted
for review. The document shall include language that would allow the property
owner perpetual use and maintenance responsibility of the paved access aisle and
drainage structures located on the district property.
4. Construct concrete block and stucco dumpster enclosures that include a recycling bin
around the two (2) existing dumpster areas shown on the site plan. The location and
design of the enclosures shall be consistent with city regulations.
5. It is recommended that the Villager Pub (bar) use be limited to the proposed 1,750
square foot floor area and that the Occupational be documented as to the maximum
floor area.
MEH:dim
xc: Central File
a:lstVlU.Pub