LEGAL APPROVAL
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'Boynton~ 110rUfa 33425-0310
City:Jla{[: (407) 375-6000
~;U: (407) 375-6090
October 18, 1996
Mr. Michael Morton
The Morton Group, Inc.
902 Clint Moore Road, Suite 124
Boca Raton, FL 33487
Re:
File No.:
Location:
Burger King Restaurant
NWSP 96-009
Northeast comer ofS.W. 8th Street and Woolbright Road
(a part of Tract "C" of Shop pes of Woolbright Place PCD)
Dear Mr. Morton,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for site plan approval.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
~ , ,:7 I
~~4rv~~ 21-- ~C<~~~
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
00
ca18..
ill
PlANNING AND
ZONING D PT.
APPLICANT: BURGER KING RESTAURANT
APPLICANT'S AGENT: Morton Group, Inc.. agent for Howard Scharlin. Trustee of the
Shoppes of Woolbright PCD
DATE OF HEARING BEFORE CITY COMMISSION: October 15,1996
TYPE OF RELIEF SOUGHT: Requesting site plan approval to construct a 2,911 square
foot Burger King Restaurant with a drive-thru lane on .918 acres within the PCD.
LOCATION OF PROPERTY: Northeast corner of S.W, 8th Street and Woolbright Road (
a part of Tract "C" of Shoppes of Woolbright PCD).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations,
2.
The Appliyant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "C" with the notation "Included".
4.
The Applic;ant's application for relief is hereby
-L GRANTED subject to the conditions referenced in paragraph 3
hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the
terms and conditions of this order.
Other: 7, ~tf(~.D
DATED: October 15. 1996
~/.Y""~ ~"",;;2 <:: .
Cit Clerk
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EXHIBIT" C "
Conditions of Approval
Project name: Burger King Restaurant - Shoppes of Woolbright PCD
File number: NWSP 96-009
Reference: The plans consist of 14 sheets identified as 2nd Review. New Site Plan. File
NWSP 96-009 with a SeQtember 23 1996 Planning and Zoning DeQartment date stamQ marking
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
CUI '~E
UTI L1TI ES
Comments:
1. Provide peak flow demand, based on gpm (gallons per /
minute), to justify water meter size.
2. Palm Beach County Health Department permits will be /
required (Sec. 26.12).
3. Plan shall show location of all utility easements, existing or /
proposed, on or off site, (Sec. 26.33(a)).
4. Only palm trees will be permitted in utility easements, (Sec. /
26.33(a)).
5. Utility easements shall be a minimum of 12' (twelve feet), /'
(Chapter 6, Art. IV, Sec. 6.A).
6. City water will not be supplied for irrigation. Please show /'
water source and location on your plans, (City Compo Plan,
Policy 3C.3.4).
FIRE
Comments:
7. Provide for fire hydrants so that no portion of the building /
is over two hundred feet (200') away.
8. Note: A more readily accessible hydrant is possible with /
a S.W. 8th Street location. Also, water must be available
on site before construction begins.
9. Proposed ingress/egress road "by others" shall be /!J
substantially constructed before the site is utilized. )JJLJ
Thereafter, access (haul road) shall be provided before
construction of Burger King begins.
POLICE
DEPARTMENTS INCLUDE REJECT
Comments:
10. Submit for review working drawings for the paved access I
connection between S.W. 8th Street and the Home Depot
parking lot. Include on the access drawings all required
traffic control pavement markings and signage.
11, Submit for review working drawings for the S.W. 8th Street
median cut. Include on the median cut drawings the lane
co nfig u ration, as previously approved and show all J
required traffic control pavement markings and signage.
Also, indicate on the plan the name of the use that is
served by the curb cut shown on the west side of S.W. 8th
Street.
/
/
( \~
\
'-
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 12, 1996
Motion
Mr. Aguila moved to approve the minutes of the October 8, 1996 meeting. Vice Chairman
Golden seconded the motion, which carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda It~ms
Ms. Heyden reported the following:
· Boynton Festive Center Landscape Appeal - Approved by the City Commission
subject to all staff comments.
· Boynton Commons PCD Site Plan Approval- The Planning and Development Board
recommended that several comments be removed or reworded and a couple be
added regarding additional landscaping and screening. Prior to the City
Commission meeting, the Fire Department reexamined their comments and deleted
the one regarding the access to the rear of the Sports of Authority. With regard to
the turning radius behind Bed, Bath and Beyond and the other tenants in that area,
there was a typographical error in their memo. It was supposed to say, "diameter",
not "radius". Therefore, the plans were acceptable as drawn. However, they still
felt they needed rear access to that area. Therefore, the applicant agreed to locate
the standpipes at the corner and screen them with shrubs.
· Burger King Site Plan Approval - The City Commission approved this subject to all
staff comments and recommendations, in addition to the following:
· The design elements of the building will be the model for future outparcels
in that shopping center. The City Commission wants the mansard extended
all the way around the flat roof building. Therefore, we will expect that of
Discount Auto Parts and the outparcel to the north of it, which was supposed
to be Wal-Mart. Waf-Mart has backed out, so we do not know who that
tenant will be.
· Boynton Common PCD Parking Lot Variance - Postponed. The variance may not
be needed. We are working out some one-way issues on how to get access.
2
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
Mr, Lelanic stated that the tenants are on a quick time frame. The applicant will get as many permits v//
as possible for the buildings that a ready to go.
t'
Vice Mayor Jaskiewicz thanked Mr. Lelanic for the applicant's effort to include the clock tower.
In response to Mayor Taylor's question, Mr. Lelanic advised that leases have been signed for the
tenants.
Motion
Commissioner Tillman moved to approve Project B of the Development Plans, Boynton Commons
PCD, request for site plan approval to construct a 213,650 square foot retail center including five
(5) leased outparcel buildings on 22.885 acres, subject to staff comments and with regard to
landscaping and dumpster which will come back to the Commission. Vice Mayor Jaskiewicz
seconded the motion.
Mayor Taylor confirmed with Commissioner Tillman that his motion deletes Comment #66.
Attorney Cherof clarified that this motion will be the rejection of both Comments #1 and 66, and we
will substitute a new Commission condition as follows:
"That the dumpster location is to be determined in conjunction with the
variance hearing."
Commissioner Tillman and Vice Mayor Jaskiewicz agreed to Attorney Cherot's additional language.
Mayor Taylor also confirmed that the motion includes having the applicant work with the Fire
Department to the satisfaction ,of our department.
The motion carried unanimously.
C.
Project:
Agent:
Owner:
Location:
Description:
Burger King Restaurant. Shoppes of Woolbright PCD
Morton Group, Inc.
Howard Scharlin, Trustee
Northeast corner of SW 8th Street and Woolbright Road
SITE PLAN - Request for site plan approval to construct a 2,911
square foot restaurant with drive-through on .918 acres within the
Shoppes of Woolbright PCD
Mark Ghezzi, of Edward M. Ghezzi, PA, Architects & Planners, 9595 North Kendall Drive,
Miami, advised that Mr. Morton was not present. Mr. Ghezzi represents the franchisee for the
Burger King.
Attorney Cherof administered the oath.
Mr. Ghezzi has no objections to any of the comments or conditions.
13
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15,1996
Ms. Heyden advised that she has had discussions with the departments whose comments were
modified by the Planning and Developmef"lt Board. Those comments are #9, #23 and #27. All
departments are agreeable to the modifications that were recommended. In addition, the applicant
has the color samples with him, Those colors match the colored elevations that were submitted.
In response to a question from Vice Mayor Jaskiewicz, Mr. Ghezzi advised that the back of the
building faces the Vinings. He showed the Commissioners the elevations.
Ms. Heyden advised that there were some comments made at the Planning and Development Board
meeting about the fact that the rear elevation does not have the canopy continued all of the way
around it.
Mr. Ghezzi advised that Burger King does not normally have a mansard roof that continues to the
rear of the building. He questioned whether the Commission wishes the applicant to continue the
mansard roof or do something to aesthetically improve the building.
Commissioner Bradley advised that he is in favor of continuing the mansard roof so that it provides
a continuous look. He realized that the Commission "missed the mark" with McDonald's.
Mr, Ghezzi advised that continuing the mansard roof would create a design problem because the
roof is designed to allow water to flow to the back of the building. He proposed the use of a metal
screen similar to the mansard roof that would continue on the rear of the building. He will continue
the red tile around the back of the building. It would cost the applicant approximately $30,000 more
to extend the mansard roof. In addition, the flow of water off the roof would have to be redesigned.
Mr. Ghezzi is sympathetic to the Commission's desire to continue this mansard around the building.
He pointed out, however, that this is the "Cadillac of Burger Kings". Normally, Burger King has a
wood shake roof. This Burger King will have a metal roof.
Commissioner Titcomb advised that he was at the Planning and Development Board meeting and
agrees with their recommendation to extend the mansard. Normally, this part of the building would
face other back property lines. In this particular case, this building will be viewed on all four sides.
He will support a condition to continue the mansard roof on the north elevation. He is concerned
about going to a screen-type arrangement because it may not actually match the remainder of the
materials.
In response to Mayor Taylor's question, Mr. Ghezzi confirmed that the drive-through window will face
the west. The applicant has agreed to answer the comments made by the Board relative to the
berm. In addition, Mr. Ghezzi agrees with the Commission's remarks relative to the mansard roof.
The problem with the mansard roof is how to deal with the water. He told the Commissioners that
it may be necessary to put down spouts in the rear of the building to match the color of the building.
The Commissioners had no objection to the use of down spouts that match the color of the building.
Vice Mayor Jaskiewicz recalled this same type of discussion relative to McDonald's. The
Commissioners agreed with the applicant's argument, and regret it. It would have been much more
aesthetically appealing if the mansard roof had been continued.
14
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
Commissioner Bradley asked for clarification on the type of sign that will be put in place. Ms.
Heyden advised that a proposed pylon sign is shown. However, it will have to meet the approved
Sign Program which is currently being reviewed. Commissioner Bradley recalled discussions
relative to monument signs. Ms. Heyden advised that when Cracker Barrel was approved, the
remainder of the outparcels would have monument signs, Commissioner Bradley remembered Mr.
Morton agreeing to that approval; therefore, he expects to see monument signs for the remainder
of the outparcels.
Mr. Ghezzi advised that during the first meeting with Planning, the applicant was told a pylon sign
was included. The applicant was under the impression that a pylon sign would appear on the
property. He questioned whether that has now changed in favor of a monument. Ms. Heyden
advised that the sign will have to be whatever is approved in the Sign Program.
Attorney Cherof advised that the City is no longer bound by the settlement agreement. He
recommended that the Commission include a condition to make sure that the design elements will
be followed in the next project and any projects that follow. By doing this, it will eliminate a debate
each time. If that is the Commission's desire, they should add a condition that reads, "The design
elements approved for this site shall be carried forward on all future development within the
PCD."
Motion
Vice Mayor Jaskiewicz moved to approve the request for site plan approval to construct a 2,911
square foot restaurant with drive-through on .918 acres within the Shoppes of Woolbright PCD as
per staff comments agreed to and also that as an additional requirement, the design element should
be carried forward on all future facilities built on this PCD, and with the condition that the mansard
roof be continued on the north elevation. Commissioner Tillman seconded the motion,
Mr. Ghezzi asked if he could have immediate access to the roof. He may go internally as opposed
to externally. If there is a problem, they can have access to the roof on the outside of the building.
The Commissioners were not opposed to this request.
Commissioner Bradley pointed out that as each project comes in, we must make sure we check the
numbers for the level of service so that we do not wind up with empty parcels in the development.
Ms. Heyden advised that there was a master plan modification which came before the Commission
and was approved. As part of that master plan modification, a traffic study was required. At that
same time, there was a project in the PCD which was coming forward. Mr. Morton had the traffic
consultant switch some of the trips from one of the parcels in the PUD to the PCD. Therefore, traffic
has been taken care of and they will be well within the allowable trips for the entire project.
City Manager Parker Hill questioned whether that will include the church parcel. Ms. Heyden
advised that the number of trips will be allowable if the church parcel remains a church.
Commissioner Bradley noted that the red color for Burger King is close to that of RaceTrac. He
questioned where we stand with Discount Auto. Ms. Heyden advised that staff has not seen plans
for Discount Auto. The color chips shown for Burger King seem to be very close to the red on
RaceTrac.
15
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 15, 1996
The motion carried unanimously.
MAYOR TAYLOR DECLARED A SHORT RECESS.
IX. NEW BUSINESS:
A. Items for discussion requested by Mayor Jerry Taylor
1. Consideration of privatizing meter reading and utility billing services
Mayor Taylor advised that this is an item which was brought up previously. Privatizing these
services will require the City to go out with an RFP to see if the City might save money in the area
of meter reading.
City Manager Parker Hill advised that this is one of the items which was brought to the eitv
Commission for consideration during the budget hearings. Staff investigated the City of Hollywooc
which recently privatized. They have saved approximately 25% of their budget. Our total budget
for these areas amounts to approximately $800,000 and involves 16 employees in meter reading,
utility billing, and customer service.
At the Commission's request, we would develop an RFP and go out to vendors, This would come
back to the Commission with costs, If the costs are higher than our current City budget, it would not
be recommended.
Vice Mayor Jaskiewicz questioned whether any of the employees involved are long-time employees.
City Manager Parker Hill responded affirmatively. Vice Mayor Jaskiewicz inquired as to whether or
not they can be absorbed into other areas, City Manager Parker Hill said she would not venture to
say that because we do not know what the vacancies will be at any point. We may not have any
vacancies available, or the vacancies we may have might not be suitable for these employees. If
the Commission wishes to move forward, they would need to consider the worst-case scenario
which would be that the City would not be able to absorb them and they would be laid off. If the
Commission does not want to consider that situation, then it would not be wise to go out for an RFP,
Vice Mayor Jaskiewicz questioned whether or not the firm that is hired would absorb the employees.
City Manager Parker Hill advised that on occasion, companies do pick up the employees. We can
ask for that in the RFP, but this type of service is dissimilar to others where it is more common to
absorb the employees. Many of these companies are more automated than we are, and they may
not want to absorb all of our employees.
City Manager Parker Hill confirmed for Commissioner Tillman that there are no vacancies at the
moment in the areas in question.
Mayor Taylor pointed out that if privatizing can save the City 20%, that would amount to $160,000
in savings based on our budget of $800,000. He is open to going out for the RFP to see what
comes back. He explained that therp, is no obligation on the part of the Commission by going out
for the RFP.
Vice Mayor Jaskiewicz agreed with his remarks. She recalled that during the previous discussions,
16
- ~ ._~~-"-_._". ---.--.---------.------------'"
ADDITIONAL CONDmONS FROM COMMISSION MEETING
1. The desien elements ~proved for this site shall be carried forward on all future
develo.pment within the PCD.
2.. Extension of mansard to north side of bnildine reqpired.
'lI:\LTES
PLA:\:\T~G A~D OEVELOP~IE~T BOARD
BOY:\TO~ BEACH. FLORIDA
OCTOBER 8. 1996
· Comment 47 - ensure that by adding additional landscaping that they provide ample
coverage. provide landscaping to buffer the rear elevations of the building, a
combination of landscaping and architectural articulation;
· Comments 56.59, and 60 - delete;
· As much as possible, extend the west decorative wall on the west side of Sports
Authority approximately 60 feet to the south where not in conflict with ground
structures. and extend the hedge along with it; and
· Add a continuous hedge on the west side of Major #4.
Mr. Elsner seconded the motion.
With regard to comment 32, Chairman Dube stated that the Code was probably written on
the basis of the City maintaining the lake. However, the City is not maintaining the lake in
this case. Ms. Heyden stated that this requirement is in our platting regulations for all
lakes. whether they are maintained by the City or not. She felt if Mr. Lelonek might be able
to work out something with the City Engineer. Mr. Lelonek asked if it was possible to
delete this condition and deal with the code requirements and Engineering on this item.
Mr. Aguila suggested leaving this condition in and that the applicant comply with whatever
is worked out.
The motion carried 6-0.
2.
Project:
Burger King Restaurant. Shoppes of Woolbright
PCD
Morton Group, Inc.
Howard SCharlin, Trustee
Northeast comer of S. W. 8th Street and Woolbright Road
Request for site plan approval to construct a 2,911
square foot restaurant with drive-thru on .918 acres
within the Shoppes of Woolbright PCD.
Agent:
Owner:
Location:
Description:
Michael Morton discussed the following staff comments:
Comment 9: Proposed ingress/egress road Hby othersH shall be substantially constructed before the site
is utilized. Thereafter, access (haul road) shall be provided before construction of Burger King
begins.
15
\lI~l"TES
PL\:\:\I:\G A~D DEVELOP'lE~T BOARD
BOY:\TO:\ BEACH. FLORIDA
OCTOBER 8. 1996
Mr. Morton stated that at the TRC meeting, Mr. Cavanaugh requested that there be a road
that he could drive his fire trucks on. Mr. Morton agreed to make a stabilized portion of
road which will eventually become a paved access road. The access road would be
excavated and shell rock will be put down so that Mr. Cavanaugh would have a stabilized
base to put his fire trucks on. Mr, Morton said this comment came about because
Mr. Cavanaugh had some difficulty getting the fire vehicles on the Cracker Barrel site.
Mr. Morton pointed out that the Cracker Barrel building is set back much further from S.W.
8th Street than the Burger King building. He said this access road will run between the
north side of Burger King and the south side of Discount Auto.
Comment 23: Building permits will not be issued until access road is completed through first paving lift.
Mr. Morton stated that this was never discussed or agreed to at the Technical Review
Board, The first paving lift was to come before we received our Certificate of Occupancy.
Then the Discount Auto will be constructed on the north side. He would not want to have
the second lift in while construction is being done on the second portion because it will be
disturbed.
Mr. Aguila asked if Mr. Morton is saying that before Burger King opens, and before
construction is completed on Discount Auto Parts, that at least the first lift of asphalt will
be on the ingress/egress road. Mr. Morton answered affirmatively. He said he will have
the first lift on that road before Burger King gets their CO.
Mr. Lewicki said this comment came from the City Engineer and the Fire Department. He
was at the TRC meeting and distinctly remembers that Bill Hukill saying that building
permits will not be issued. There was no issue of CO. There was an issue of building
permit issuance for the road. Mr. Morton had no recollection of that and pointed out that
it does not make sense. He asked why someone would want to put in an access road
before starting construction on the building.
Comment 11: Submit for review working drawings for the S. W. 8th Street median cut. Include on the
median cut drawings the lane configuration, as previously approved and show all required
traffic control pavement markings and signage. Also. indicate on the plan the name of the
use that is served by the curb cut shown on the west side of S. W. 8th Street.
Mr. Morton advised that he will be submitting these drawings; however, he did not want this
to be a condition of Burger King being able to get a site plan approval and a building
permit. The Burger King drawings do not show the final median cut. That is being
prepared by Mr. Morton's Engineer. The median cut drawing is being reviewed by Mr.
16
,([~l'TES
pL.-\~~ING A~D DEVELOP'IE~T BOARD
BOY~TO~ BEACH. FLORIDA
OCTOBER 8. 1996
Morton's traffic engineer. Maria Colombo. He did ,lot want this to be a requirement of
Burger King.
Chairman Dube asked if that cut is going to be made before Burger King opens.
Mr. Morton answered affirmatively. He said Cracker Barrel decided that they do not want
a left turn lane into the south entrance. Therefore, there will be a southbound left turn lane
into Burger King. There will not be a northbound left turn lane at that median opening.
Mr, Rosenstock asked if anyone has done a traffic count for that street. Mr, Morton
advised that he submitted a complete traffic study less than six months ago as part of the
Cracker Barrel approval.
Comment 27: Any roof top equipment will have to be screened from view at a distance of 600 feet. If such
eqUipment is planned. indicate its location and the height of the equipment above the roof
level. Provide elevations of the structure showing the roof top equipment and the required
screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight
connecting the highest point of the equipment with eye level from a distance of 600 feet from
the building. Take into consideration the elevation change on the 1-95 westbound ramp
(Woolbright Road).
Mr. Morton stated that there will be 600 feet from any other direction, but this cannot be
done coming off of 1-95.
Comment 30: 8. Within the required landscape buffer screening the entire drive-through lane shall
contain a minimum two foot tall earth berm meeting the specifications as described in LOR.
Chapter 9, Section t1.H.5. Provide required berm and indicate its location on sheet Cot. site
plan.
Mr. Morton did not know exactly what this comment meant. He stated that there is a
landscape plan that runs along 8th Street, and that is the only landscaping that would
possibly screen the property. He said a 2 foot berm is not a problem. However, he wanted
to clarify that staff is not looking for anything else that is major along there. Ms. Heyden
stated that this is part of our drive-thru ordinance and it talks about a requirement for a 2
foot berm, with landscaping, and it mentions trees and understory.
Mr. Morton said a landscape plan has been submitted for that particular portion. He asked
if that landscape plan has been reviewed. Mr. Lewicki advised that it has been reviewed,
but it did not contain the required berm of 2 feet in height. Mr. Morton had no problem with
revising the landscape plan to add a 2 foot height berm and some additional screening
materials.
17
'lI~TTES
PL.-\NNING A:\fD DEVELOP'IENT BOARD
BOYNTON BEACH. FLORIDA
OCTOBER 8. 1996
Comment 37: The approved master plan requires that two deceleration lanes be provided for vehicular
traffic on S. W. 8th Street as it approaches the access road to the subject propeny from the
north and the south. Alter the median within S. W. 8th Street to reflect these requirements
of the master plan.
Mr. Morton would like to hold this comment in abeyance because the median plan will
show a deceleration lane coming southbound, and the northbound deceleration lane is
being eliminated because there is no left turn. He believes his engineer will have the plan
sent to Engineering tomorrow.
Chairman Dube asked if both these comments be all right if they were subject to the CO
of Burger King. Ms. Heyden stated that we need to look into comment 37 and see exactly
how the condition was on the master plan, If this is the submittal she is thinking of, it was
also tied to a traffic study which at that time had not been turned in.
Mr. Morton stated that when these deceleration lanes were discussed during the Cracker
Barrel submission, Bill Hukill and Mr. Morton's traffic engineer agreed that if a deceleration
lane was needed northbound, it would be included, and if one was needed southbound,
it would be included. The final determination was to be made by Bill Hukill. Mr, Morton
decided to put in the southbound deceleration lane, which he felt would probably resolve
this issue.
Mr. Aguila commented that the site is jammed. He said this is a typical Burger King and
does not say anything. It concerned him that the north elevation, which is going to be
highly visible from the north and by people using this center, is the ugliest, plainest,
unornamented elevation on the building. To him, Burger King has never stood for quality.
It is just another hamburger joint. He would like the mansard roof continued around to the
north elevation.
Mark Ghezzi is the architect for the Burger King project. He could not comment on the
philosophy of the design, but he said it comes from many years of thought at the corporate
office. He was sensitive to what Mr. Aguila was saying; however, he pointed out that
realistically, it is a Burger King. He stated that the corporate offices try their best to satisfy
the aesthetics of each community. With regard to the site orientation, he was sympathetic.
He stated that as an architect, he has a client who wishes to have certain aspects of the
building because he is looking to bring the customer in. His client felt this orientation was
the right way to go, business wise. He stated that aesthetically, this will not be a typical
Burger King because it will have a beautiful bronze metal roof.
i8
'II~CTES
PL-\~~I~G A~D DE\'ELOP'tE~T BOARD
BOY:\TO~ BEACH. FLORIDA
OCTOBER 8. 1996
Mr. Aguila realizes that this is a small site and there is not a lot that can be done. However.
he pointed out that if you park on the west side of the building, you have to walk across the
drive aisle and the drive-through aisle to get to the side of the building that has a door.
There is no access to the building on the side where half of the parking is. He said he has
dealt with Waffle House, Checkers. Winn Dixie, and Walgreens at the corporate level and
at the design level and they can be convinced that it is in their best interests. as well as the
City's. to do a little more so that the back of the building that has such a prominent view
does not look like the back of the building.
Motion
Mr, Wische moved to approve Burger King's request for site plan approval to construct a
2.911 square foot restaurant with drive-thru on .918 acres within the Shoppes of
Woolbright PCD. subject to all staff comments. Mr. Elsner seconded the motion.
The motion was clarified as follows:
. Comment 9 - The applicant must stabilize rock at the beginning of construction. He
will have to do that after he gets his permit.
. Comments 11, 19 and 37 - will be agreed upon before Burger King opens. These
comments will be addressed when the applicant submits the drawings for the S.W.
8th Street median cut.
. Comment 23 - only the first lift of asphalt has to be provided before the Burger King
CO; and
. Comment 27 - the applicant does not have to screen the ramp from 1-95.
The motion carried 5-1. Mr. Aguila cast the dissenting vote. He felt we need to do
something with the north elevation. He pointed out that it is a very dominant, visible
elevation.
c. Other
Parking Lot Variance
1 .
Project:
Agent:
Boynton Common PCD
Land Design South
19
....
MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
Mr. Campanile advised that there are two entrances into Cracker Barrel - a norlr one and
a south one. One of the comments asked for a tum lane to ttiesouth entrance. JI.rt a turn
lane already exists at the north entrance. Mr. Morton added that the first lei into the
Cracker Barrel is probably the one that wiD fit based on what is available. If an attempt is
made to put in a southbound left and a northbound right, there will be protEns. Mr.
Morton agrees with the northbound left. He does not disagree with any of the camments;
however, he wants to review this with staff and the traffic engineer. They agree with
anything that is public safety, and will instaU those lanes. That is not an issue because it
is a benefit to everyone. However, there is not enough room for the southbound left and
northbound right.
Mr. Morton clarified for Mr. Haag that staff is requesting a southbound left into Taco Bell,
a northbound left into Cracker Barrel. There is not enough room to do both. TlYing to fit
both turn lanes will cause more of a problem. If it can be done, Mr. Mortell has no
objection to it; however, he needs to look at it to figure out the configuration and review the
safety issues. If it is a safety issue, it will be done.
Chairman Dubs requested clarification about the removal of the drive-through. Mr.
Campanile explained that there was some confusion about the request in Item #3. Mr.
Campanile heard comments that the drive-through lane was removed. It was not1he intent
of the applicant to have that lane removed. The drive-through lane is on the plans,
although it may not be labeled as a drive-through lane. They want a drive-throu~ lane as
part of the approval. Mr. Morton said there was a plan that showedi,Surger King .3, 175
square feet versus 2,500 square feet with a drive-through on the east side. That plan did
not get into the hands of staff. There was never an intent to remove the drive-through on
the east side which was previously approved. Burger King is 3,175 square feet with a
drive-through.
Vice Chairman Golden questioned whether or not there is a possibility for a cross-access
between Cracker Barrel and the gas station. Mr. Morton said they have been trying to get
this to happen. There have been discussions between Cracker Barrel and RaceTrac to
enable this to happen. The gas station's west property line is incorrect on the master plan.
They bought the parcel, but it did not get ~ed up. That will be cleaned up prior to this
application going to the Commission.
Ms. Heyden clarified that when the gas stanCIl was approved, the boundary, as it wrrently
appears, was the one shown. Mr. Morton said RaceTrac is not exceeding that boundary.
They just own the property.
Ms. Heyden said the drive-through issue is in the agenda because it was part of the
submittal letter. Staff was eliminating the drive-through lane at the applicant's request.
However, it is a minor issue, and can be put back on the plan.
8