REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-370
TO:
Jim Cherof
City Attorney
Tambri 1. Heyden, AICP lit
Planning and Zoning Director
FROM:
DATE:
July 16, 1997
SUBJECT:
Access agreement for Burger King and Discount Auto
At Monday night's meeting with Mr. Morton, Mr. Morton insisted that the city had a recorded
copy of the above agreement. I have no record of a response to the attached memorandum
pertaining to same. Please review and comment.
TJH:dim
Attachment
Xc: Kerry Willis, City Manager
Al Newbold, Acting Development Services Director
Mike Haag, Building Code Permit Administrator
Jerzy Lewicki, Acting Senior Planner
Vanessa Llera, Plans Review Technician
}:\SHRDA T A \Planning\SHARED\ WP\CORRESP\CITY A ITY\Access agreement for BK & DA.doc
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-035
THRU:
Jim Cherof
City Attorney
Tambri J. Heyden ~gJJ
Planning and Zoning Director
TO:
FROM:
Jerzy Lewicki
Assistant Planner
--=:1 V
DATE:
February 5, 1997
RE:
Request to review legal agreements
I am requesting for your office to review and comment on the attached legal agreements between
Howard R. Scharlin, Trustee and both The Morton Group, Inc. and The Westwind Group, Inc.
JLdar
Attachment
xc: Central File
D:\SHARE\ WP\CORRES P\CITYA TTY\REVLEGAL, WPD
----~_._------_..._--
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PlANNING AND
lONING OEPT.
AGREEMENT
This agreement, is made by and between HOWARD R SCHARUN, TRUSTEE
(hereinafter referred to as "Scharlin") and MORTON GROUP, INC., as Agent for
Discount Auto Parts, Inc. and Favorite Food Courts, Inc., a Florida Corporation
(hereinafter referred to as "Morton Group")
WIT N E SSE T H:
WHEREAS, Scharlin and Home Depot U.S.A. Inc., have heretofore joined
in a Reciprocal Easement and Operating Statement (the "Original Agreement")
as recorded in the Public Records of Palm Beach County, Florida in Official
Records Book 6378, Page 1953 on the 8th day of March 1990. A copy of the
Original Agreement is annexed for convenience of the parties that may from time
to time deal with this instrument. The definitions established in the Original
Agreement when used here shall have the meanings established in the Original
Agreement; and
Whereas, Scharlin is selling a portion of the Out Parcels as defined in Exhibit
"A-1" of the Original Agreement to Morton Group which portion is referred to
here as the Morton Group Parcel, and is more particularly described in Exhibit
"2" annexed; and
Whereas, as part of the consideration provided to Morton Group in
connection with the acquisition of the Morton Group Parcel, the parties have
agreed as follows:
1.Assignment of Rights. Scharlin hereby includes the Out Parcels as part
of the Scharlin Parcel and assigns to Morton Group a non-exclusive right to
share in the non-exclusive easements over and across the common areas
within the Center as created in the Original Agreement upon the terms for
the use and enjoyment thereof as provided for in the Original Agreement.
The Site Plan, annexed to the Original Agreement, identifies a primary access
road for ingress and egress to the Common Areas from S. W. 8th Street.
Scharfin in joining here agrees that he shall not join in any instrument providing
for the relocation of such primary access road without the written consent of
such modification given in recordable form by Morton Group.
---_...--- -- --------~---"
2.Access Road. Scharlin agrees to dedicate a non-exclusive access easement
over and across the 27' adjacent to and between the Discount Auto and
Food Court Parcel extending from S. W. 8th Street to the Home Depot
parking area shown on the Site Plan. Scharlin shall construct as access road on
such easement in accordance with the specifications required for such
construction by appropriate governmental authorities. Morton Group has
reviewed the proposed plans for such construction. The cost of the access road
to be built by Scharfin shall be shared equally by Morton Group and by Scharlin.
At closing of the Morton Group Parcel, Morton Group shall deposit with the
Escrow Agent named below, an amount equal to one-half of the estimated
cost of construction of this access road over and above the purchase price for
the Morton Group Parcel. Scharlin shall deliver to said Escrow Agent an
equal amount from the proceeds due Scharlin at closing. These funds
shall be disbursed to Scharlin as construction of the access road proceeds
based on construction draw requests in form ordinarily used by institutional
lenders for construction draw requests in Palm Beach County, Florida. The
estimated cost of construction of the road is $18,000.00. In the event the
cost for construction of the access road exceeds the amount indicated
above, then such costs shall be assumed and paid for by Scharlin.
3. Notice. For purposes of this Agreement, the parties shall provide notice
each to the other by delivery of written notice as follows:
As to Seller:
Howard R. Scharlin
1399 S. W. 1 Avenue #400
Miami, FL 33130
As to Buyer:
Morton Group, Inc.
902 Clint Moore Road #124
Boca Raton, FL 33487
Each party shall have the right to change their address for purposes of notice
hereunder by giving written notice of change to the other party at the address
indicated.
4, Enforceability This Agreement shall be specifically enforceable by
appropriate action in the Circuit Court, Palm Beach County, Florida. The
successful party shall be entitled to all costs and fees incurred in the bringing of
such action. Further, with respect to the construction of the access road, in the
event of unreasonable delay in proceeding with such construction and upon
fifteen (15) days written notice for the curing of such delay. Morton Group may
undertake completion of construction in the nature of self-help. In the undertaking
such work, Morton Group shall be entitled to draw on the Escrow fund in the
same manner as draws were allowed by Scharlin.
5. Miscellaneous
a. Governing Law. This agreement shall be governed by and interpreted
under the laws of the State of Florida and any action with respect thereto shall be
brought in the Circuit Court for Palm Beach County, Florida.
b. Execution of Agreement. This agreement may be executed in multiple
counterparts each of which when taken separately shall constitute one and the
same agreement.
c. Effective Date. This agreement shall be effective on the date of
recordation thereof and the concurrent recordation of a Warranty Deed conveying
the Morton Group Parcel from Scharlin to prospective owner in the Public
Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on this day of January, 1997.
Signed, sealed and delivered
in the presence of:
Howard R. Scharlin, Trustee
Morton Group Inc., as Agent
a Florida Corporation
by:
~.. ~------
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. 97-025
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PLANNING AND
ZONING DEPT.
January 30, 1997
From:
Anthony F. Occhiuzzo
Building Code Permit Administrator
William V. Huk!l1, P .E. };j) Y IJ / /1
Development Drrector '()'IA/V
To:
Re:
S. W. 8th Street - Burger King Access Road
In Memor"lndum 97-021 I established certain conditions relating to issuance of a Certificate of
Occupancy. I was not aware of a second issue relating to issuance of the permit itself.
Please do not issue a permit until you have a lighting plan, a landscaping plan (to include
S.W. 8th Street from Woolbright Road to north property line of Cracker Barrel) and proper
drainage certification.
WVH:mh
cc: Mike Haag, Current Planning Coordinator
~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-488
TO:
Robert Eichorst, Public Works Director
AI Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, Utility Dept. Chief Field Insp.
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
William Hukill, Director Department of Development
FROM:
-;::;;/ I
Tambri J. Heyden, AICP, Planning & Zoning Director ~
DATE:
September 23, 1996
SUBJECT:
New Site Plan - 2nd Review
Project: Burger King Restaurant - Shoppes of Woolbright
Location: North side of the intersection of Woolbright Road and
S.W. 8th Street
Morton Group, Inc., Michael Morton
NWSP 96-009
Agent:
File No.:
Attached is the amended site plan submittal for the above referenced project for your final
review and recommendation. We would ask that you review this amended site plan
submittal to determine if the plans have been adjusted to satisfy comments previously
made by your department.
If your comments have been satisfied or if your comments can be met at time of building
permit, please advise the Planning and Zoning Department in writing. If your comments
have not been met, please advise the Planning and Zoning Department in writing.
Finally, we would ask that you include in your memorandum a recommendation as to
whether the project should be forwarded to the Planning and Development Board for
consideration. Please return your memorandum and the amended plans (Engineering
Division shall keep their plans) to the Planning and Zoning Department by 5:00 P.M.
on September 27,1996.
If you should have any questions regarding this plan, please feel free to call Jerzy Lewicki
at Extension 6260, who is coordinating the review of this project.
cc: Carrie Parker, City Manager
Jim Ness
Charlie Frederick
Marshall Gage
John Guidry
a:2RevBK,wpd
'l'RACA_.. LOG - SI'l'E PLAN REVIEW ::JL .I'f'l'AL
BURGER KING ~~~TAURANT -
NEW SITE PLAN
NEW SITE PL~\N
8/22/96 AMOUNT:
SHOPPES OF WOOLBRIGHT
FILE NO.: NWSP 96-009
PRUJBC'!' 'lll'rLE:
1.>1::8eRI~'l1!ON :
'l":{ p ~ :
VArl'E REC I V :
MAJOR SITE PLAN MODIFICATION
kECEIPT NO. :
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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 Plannil)9 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 SUBMIT'I'AL
ACCEPTED
DENIED
DATE:
DATE:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
REVIEWER'S NAME:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I
(Label TRC Departments on each set of plans)
DATE AND MEMO NUMBER OF HEMO SENT TO TRC TO PERFORM INITIAL REVIEW.
DATE SEN'l':
RETUHN DATE: 9/~/96
MEMO NUMBER: 96-431
1st REVIEW COMMENTS RECEIVED
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DATE DE' MEETING:
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
(Aesthetic keview App., dates of board mtgs. ~ checklist sent out w/ commenc:
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd RBVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents)
COLORED ELEVATIONS RECIO:
MEMO SENT T~_T~C TO P~RFORH 2nd REVIEW.u
DA'l'E SENT: fgt/ l/,fc, /I'-';;J HEMO #: 9~ -"IS L
RETURN DATE:
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LETTER
PLACED
LAND DEVELOPMENT SIGNS
SCHEDULE OF BOARD MEETINGS: PAD
CC/CRA
DATB AP~ROVAL LETTER SENT:
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rrFie City of
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100 ~. fJJoynton 'lJeam 'lJoukvartl
P.O. '.Bo~310
'lJoynton'lJeadi, %nitfa 33425-0310
City:HiJfl: (407) 375-6()()()
1"M: (407) 375-6090
September 13, 1996
Morton Group, Inc.
902 Clint Moore Road, Suite 124
Boca Raton, Florida 33487
Attn: Michael Morton
RE: Initial Review Comments - Burger King Restaurant - Shoppes of Woolbright
File No. NWSP 96-009
Dear Michael Morton:
The City of Boynton Beach has completed its first review of the documents submitted for
the above-referenced project. Attached are comments made by the reviewing departments
during their initial review of your project.
In order to complete the review process, the site plan and documents must be amended
to comply with these comments within 90 days of the date of this letter. (If amended plans
are not submitted in 90 days, a new application fee will be required.) When there are
comments made by the reviewers that you feel are not applicable to the approval of the
project or will be addressed separately and you have not amended the plans to comply
with the comment(s), you must prepare written explanation for each comment stating why
the comment is not applicable and return the explanation with the amended plans and
documents.
After amending the plans and documents, please submit twelve (12) complete sets
(including surveys) of the plans to the Planning and Zoning Department. When the
amended plans and documents have been submitted to the Planning and Zoning
Department, they will be distributed to the reviewing departments for second review and
recommendation to the appropriate boards for approval or denial (see attached meeting
schedule). A recommendation for denial will be made if there are major comments that
have not been addressed on the resubmitted plans.
5tmem4's gateway to tfu gutfstream
Page 2 of 2
Initial Review Comments
Burger King Restaurant - Shoppes of Woolbright
File No. NWSP 96-009
Dates pertaining to the remainder of the review process including submittal of amended
plans and board and commission meetings, are identified on the attached Review
Schedule. The amended plans will be due by 5:00 P.M. on the amended submittal
deadline date identified on the Review Schedule. A checklist that contains information
regarding the second submission of the plans and documents for review is attached.
If you should have any questions regarding the comments or the approval schedule,
please feel free to call Jerzy Lewicki, who is coordinating the review of your site plan for
the Planning and Zoning Department.
Very truly yours,
~~-r14ft~
Tambri J. Heyden, AICP,
Planning and Zoning Director
T JH:bme
Atts.
A: 1 stCmbUf.wpcI
CHECKLlSI
The following list and information is provided as a checklist to ensure that the submittal of amended plans
and documents is substantially complete for review. Turning in this list and the appropriate plans and
documents will enable the submittal to be efficiently checked prior to being accepted by the Planning and
Zoning Department.
Project Name: Burger King Restaurant - Shoppes of Woolbright (File No. NWSP 96-009)
1. Submit an amended Site Plan Review/Conditional Use application form that reflects the changes
that were made as a result of amending the plans and documents to comply with the Code of
Ordinances and the Technical Review Committee comments. A copy of the original form with a
distinguishable symbol identifying the change(s) may be submitted or a completed new form with
the changes identified. If there are no changes required to be documented on the application
form, a letter from the applicant stating same must be turned in with the amended submittal.
2. Submit twelve (12) assembled and complete sets of plans and documents, including surveys that
show compliance with the Code of Ordinances and comments made by the Technical Review
Committee. Two (2) of the sets shall have the appropriate legible raised seal and signature of the
designer responsible for the drawing(s). Plans and documents shall be assembled in twelve (12)
individual complete packages with the title of the project on all pages and/or sheets and each
page or sheet numerically numbered such as the following example: 1 of 3,2 of 3,3 of 3.
3. Submit color photographs of the buildings on the site that are to remain in their existing condition
and photos of existing buildings that are located on the sites that abut the perimeter of the subject
property. The minimum size is 5" by 7". Each photograph shall be labeled to identify the location
of the existing structures with respect to the location of the proposed project. If the abutting
property is vacant photographs are not required.
4. Submit colored elevation view drawings - a colored duplicate copy of all drawings of the elevation
views of each side of all buildings and signage associated with the project. The colors shown and
described on the colored elevation views shall match the colors identified on the elevation
drawings submitted for site plan review. All exterior surfaces of the structure(s) shall be colored
and the color name, associated color code and manufacturer identified. The type of exterior
surface material shall also be identified on the drawing. The colored elevation drawings shall
have compass direction or title of the side of the building identified. The title block of the original
drawing shall be shown. The maximum size is 24" by 36". Do not submit on board of any kind.
5. Submit color samples as an example of the proposed colors. Each sample shall have attached
a label that identifies the color by name, color code and manufacturer. The colors should be
referenced from an established color chart.
6. Submit a 8 1/2" x 11" transparency of the landscape site plan drawing to be used on an overhead
projector at board meetings.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-488
DATE:
Robert Eichorst, Public Works Director
AI Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, Utility Dept. Chief Field Insp.
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
William Hukill, Director Department of Development
Tambri J. Heyden, AICP, Planning & Zoning Director .~
September 23,1996
TO:
FROM:
SUBJECT:
New Site Plan - 2nd Review
Project: Burger King Restaurant - Shoppes of Woolbright
Location: North side of the intersection of Woolbright Road and
S.W. 8th Street
Morton Group, Inc., Michael Morton
NWSP 96-009
Agent:
File No.:
Attached is the amended site plan submittal for the above referenced project for your final
review and recommendation. We would ask that you review this amended site plan
submittal to determine if the plans have been adjusted to satisfy comments previously
made by your department.
If your comments have been satisfied or if your comments can be met at time of building
permit, please advise the Planning and Zoning Department in writing. If your comments
have not been met, please advise the Planning and Zoning Department in writing.
Finally, we would ask that you include in your memorandum a recommendation as to
whether the project should be forwarded to the Planning and Development Board for
consideration. Please return your memorandum and the amended plans (Engineering
Division shall keep their plans) to the Planning and Zoning Department by 5:00 P.M.
on September 27, 1996.
If you should have any questions regarding this plan, please feel free to call Jerzy Lewicki
at Extension 6260, who is coordinating the review of this project.
cc: Carrie Parker, City Manager
Jim Ness
Charlie Frederick
Marshall Gage
John Guidry
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PlANNING I:.ND
L.._ ZONING DEPT.
PUBLIC WORKS DEPARTMENT
MEMORANDUM #96-219
TO:
Tambri J. Heyden, AICP, Planning & Zoning Director
Robert Eichorst, Public Works Director \..
THRU:
FROM:
Larry Quinn, Sanitation Superintendent
SUBJ:
New Site Plan - 2nd Review - Burger King Restaurant - Shoppes of Woolbright
DATE:
September 30, 1996
The Public Works Department has no problems with the above site plan. The project should
be forwarded to the Planning & Development Board for consideration.
arry Quinn
Sanitation Superintendent
LQ/cr
MEMORANDUM
Utilities # 96-307
TO:
Tambri Heyden.
Planning & Zoning
Date:
September 26, 1996
I~ r _ 'iL~~U WI ~ fii).
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PLANNING ANi) I
ZONING DEPT.
FROM:
John A. Guidry,
Director of Utilities
SUBJECT: Burger King Restaurant - Shoppes of Woolbright,
New Site Plan, Second Review
Staff has reviewed the above referenced project and offer the following comments:
1. Please provide peak flow demand, based on gpm (gallons per minute), to
justify water meter size.
2. Palm Beach 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).
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.
smlberg2
xc: Clyde "Skip" Milor
Peter Mazzella />
File
TO:
T AMBRI HEYDEN,
PLANNING & ZONING
DIRECTOR
DATE:
24 SEPTEMBER 96
~ n ~J.J~ r.~l
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
i
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SUBJECT: BURGER KING - SITE PLAN
2nd REVIEW
FROM:
SGT. MARLON HARRIS-u-,jj.EFERENCES:
POLICE DEPARTMENT ,../~
0262
ENCLOSURES:
Thc proposed plans for on-site are fine. There are some questions regarding the access roadway and S.W. 8 St.
The plans show the access roadway to be connected to the existing parking lot of The Home Depot, but no
roadway signage or striping are on the plans. The median cut on S.W. 8 Street is not clear on the plans. There
is currcntly a dual left turn lane for southbound traffic onto Woolbright Road. The plans do show how the new
median cut will affect this area. Also on the plans there is an ingress/egress shown on the west side of S.W. 8
Street. Is this the driveway to Racetrack Gas Station or Cracker Barrell Restaurant?
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DEP ARTMENT OF DEVELOPMENT
MEMORANDUM NO. 96-082
TO:
Tambri 1. Heyden, Planning & Zoning Director
~ Hukill, P.E., Director of Development
September 30, 1996
FROM:
DATE:
RE:
BURGER KING - SITE PLAN 2ND REVIEW
We have again reviewed subject documents and have the following comments:
1. * All plans submitted for specific permits shall meet the City's code requirements at
time of application. These permits include, but are not limited to the following;
site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control
devices. Permits required from agencies such as the FDOT, PBC, SFWMD and
any other permitting agency shall be included with your permit request.
2. * Revise documents to reflect all comments.
9. * Permits must be obtained for work within R.O.W. Chap.22, Art.II, Sec.7 A,
pg.22-3
13. CertifY that light poles are in compliance with Standard Building Code and
withstand a 110 mph wind load. Chap.23, Art.IIAla, pg.23-6
19. Paint handicap pavement symbols white. Sheet 9 ofFDOT Index 17346 and Land
Development Regulations Chap.23, Art.II, Sec.B2, pg.23-7
20. Provide a sidewalk in from SW 8th Street to entrance. Florida Accessibility Code.
Sec.4.3.2. pg.23
22. Revise french drain and structure to reflect City Standards, D.O.T. 285 & City
Drawing B-9l 007.
23. Provide median with "peanut" to allow only left turn movements.
24. Indicate pipe inverts.
B I. Provide pylon sign details in compliance with LDR Chapter 21.
B2. . Revise detail 8-9 sheet C-6 to reflect 9' traffic stall width next to handicap space.
B3. Building permits will not be issued until access road is completed through first
paving lift.
Many of these comments are included to inform the applicant of issues which will need addressing
prior to future reviews, but will not in themselves prohibit this master plan from moving forward.
Those comments are marked with an asterisk*.
WVH/ck
attachment: Bldg. Div. plans
xc: Michael Morton, Agent
C:BURGER2
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PLANNING ANiJ
ZONING DEPI
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RECREATION & PARK MEMORANDUM #96-460
TO:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks sUperinrende~
Burger King
FROM:
RE:
DATE:
October 1, 1996
The Recreation & Park Department has reviewed the plans for Burger King. There are no recreation
related comments. The project may continue through the normal review process.
JW:ad
RECREATION & PARK DEPARTMENT
MEMORANDUM NO. 96-461
m m rn u w @:
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flANMNG AND
lON;nvG DEPT.
TO:
Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/ Environmentalist
K6'*
DATE: October 2, 1996
SUBJECT: Burger King Restaurant- Shoppes of Woolbright - New Site Plan - 2nd review
There are no existing trees on the site, except any trees which may be located in the S.W. 8th Street
right-of-way. The applicant should comment if these trees must be relocated to provide access to the
site. The project should continue in the normal review process.
kjh
10/04/1995 15:59
5517350273
BBFR STA 3
PAGE 02
F1IlE PREVENTION MEMORANDUM NO. 96-303
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FROM:
TO:
DATE:
October 4) 1996
RE:
Burger KinS
Shoppesofvvooftnight
1500 SW 8 Street
NWSP 96-009
Provide for fire hydrants so that no portion of the building is over two hundred feet (200') away.
Note: A more readily accessible hydrant is possible with a SW 8 Street location. Also, water
must be available on site before construction begins.
Proposed ingress I egress road Itby others" shall be substantially constructed before the site is
utilized. Thereafter, access (haul road) shall be provided before construction of Burger King
begins.
cc: Deputy Chief Ness
FPO n Campbell
File
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that the driveway on the east side of S.W. 8th street located
north of the existing main entrance driveway was to be
deleted. The proposed master plan still reflects this
driveway as being approved.
4. Median cut in S. w. 8th street If approved, this new
intersection would capture much of the traffic anticipated and
designed to be received by the main driveway that is located
at the entrance to Home Depot. The main driveway is centrally
located for the major portion of the retail uses located on
the east side of S.W. 8th street. Since the Barton-Aschman
report did not recommend a median cut, it could be argued that
the proposed median cut is not consistent with the traffic
report referenced in the 1990 settlement agreement and
therefore not needed or possibly affecting level of service.
Therefore, if the median cut is approved, it is recommended
that a new analysis of the turning movements be submitted to
determine the impact the median cut will have on S. w. 8th
street and Woolbright Road.
Also, the proposed median cut would cause the east driveway
into the site to become a major driveway which requires a one
hundred (100) foot throat; the distance from the property line
to a parking space or an access aisle. This would
significantly impact the parking design of outbuilding 3.
CONCLUSION
This request was reviewed by the Technical Review Committee (TRC)
on February 28, 1995 and the committee raised no objections at the
time. However, the committee did not have technical data regarding
the impact the median cut and additional driveway would have on the
surrounding roadways or the project itself. If this driveway and
median cut are approved by the Commission, the Police Department
recommends that north and south deceleration lanes be required at
the cut to avoid congestion from motorists slowing down to make
turns at this location (see Exhibit "0" Police Department
Memorandum No. 95-0121). It is also recommended that if any
changes are approved by the Commission that are not reflected, or
are contrary to, the proposed master plan, that three copies of a
revised master plan be submitted to the Planning and Zoning
Department, prior to submittal of any future PCD requests. The
Planning and Zoning Department is not making a specific
recommendation on this request since components of the request are
inconsistent with the latest settlement agreement. Deviation from
this agreement are viewed as policy decisions of the Commission.
tjh
Attachments
xc: Central File
A:WooIPCD
DEP ARTMENT OF DEVELOPMENT
MEMORANDUM NO. 96-066
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PLANNING AND -
ZONING DEPT.
;'
TO:
Tambri 1. Heyden, Planning & Zoning Director
(fJJk'Hukill. P .E.. Director of Development
August 29, 1996
FROM:
DATE:
RE:
BURGER KING - SITE PLAN 1ST REVIEW
We have reviewed subject documents and have the following comments:
Building Division - None
Engineering Division
I. All plans submitted for specific permits shall meet the City's code requirements at
time of application. These permits include, but are not limited to the following;
site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control
devices. Permits required from agencies such as the FDOT, PBC, SFWMD and
any other permitting agency shall be included with your permit request.
2. Revise documents to reflect all comments.
3. Remove references to non-applicable standards (sheet C-3, General Notes).
4. Provide a statement that all utilities are available and will be provided by
appropriate agencies. Chap.3, Art.IV, Sec.3R, pg.3-5
5. Provide certification by Developer's Engineer that drainage plan complies with all
City codes & standards. Chap.6, Art'V' Sec.5A, pg.6-7 and Chap.23, Art.IIF,
pg.23-8
6. Minimum 15" pipe must be used in storm sewer. Chap.6, Art.IV, Sec.5A, pg.6-7
7. Inlets must be in grassy areas unless otherwise approved. Chap.6, Art.IV, Sec.5B,
pg.6-8 and Chap.23, Art.IIF, pg.23-8
8. All landscaped areas shall be provided with an automatic water supply system.
Chap.7.5, Art.II, Sec.5B, pg.7.5-l4
9.* Permits must be obtained for work withinR.O.W. Chap.22, Art.II, Sec.7A,
pg.22-3
10. Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must
conform with City codes and standards. Chap.23, Art.II, pg.23-6 (Perpendicular
dimensions for 60Q parking is 20.1 ')
II. * Provide a satisfactory lighting plan. Chap.23, Art.IIA, pg.23-6
12. * Photometrics must be approved for both pedestrian and parking lot lighting before
permit can be issued. Chap.23, Art.IIAla, pg.23-6
13. Certify that light poles are in compliance with Standard Building Code and
withstand a 110 mph wind load. Chap.23, Art.IIAla, pg.23-6
14. No trees shall be planted so as to interfere with lighting fixtures. Chap.23,
Art.lIAb, pg.23-7
Development Department Memo No. 96-066
Re: Burger King - Site Plan 1 st Review
August 29, 1996
Page #2
15. Separate two-way traffic with double yellow 6" lines from stop bar to curb near
loading zone. Chap.23, Art.II,I, pg.23-9
16. Provide "Do Not Enter" sign(s) to prohibit ingress traffic from proceeding south.
Chap.23, Art.II,I, pg.23-9
17. Relocate menu board to south to provide a stacking lane area that won't impact
other traffic. Chap.23, Art.lI,I, pg.23-9
18. Provide 27' backup area, all90Q stalls. Handicap spaces do not comply. Chap.23,
Art.II,I 1, pg.23-9
19. Paint handicap pavement symbols white. Sheet 9 ofFDOT Index 17346
20. Provide a sidewalk in from SW 8th St. to entrance. Florida Accessibility Code,
SecA.3.2, pg.23
21. Mark H1C accessible path in accordance with Standard Drawing #B-900 12.
22. Revise french drain and structure to reflect City Standards, D.O. T 285 & City
Drawing B-91 007.
Recommendation: Grate slots shall be perpendicular to direction of traffic in anticipation of
bicycle traffic or provide steel bicycle proof grates.
Many of these comments are included to inform the applicant of issues which will need addressing
prior to future reviews, but will not in themselves prohibit this master plan from moving forward.
Those comments are marked with an asterisk*.
WVH/ck
attachment: Bldg. Div. copy of plans
C:BURGERI
CITY OF BOYNTON BEACH, FLORIDA I{DJ
INTER-OFFICE MEMORANDUM l1lJ
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TO:
T AMBRI HEYDEN,
PLANNING & ZONING
DIRECTOR
DATE:
28 AUGUST 96
PLANNING AND
ONING DEPT.
SUBJECT: BURGER KING RESTAURANT-
SHOPPES OF WOOLBRIGHT
FROM: SGT. MARLON HARRIS REFERENCES: #0253
POLICE DEPARTME~~
- -- ,........ENCLOSURES:
I have reviewed the above plans and make the following recommendations:
-This site is accessed from one ingress/egress. It is also complicated by an immediate 180 degree
right turn upon entering the site. This area is traffic concern due to stacking at the drive-up line.
I would recommend moving the drive-through "Order Station" closer to the building. It appears to
be approximately 47 feet from the north wall of the building. I would recommend it be no further
than 30 feet from the north wall of the building. This would allow more vehicle stacking and would
it out of the congested area of the ingress/egress.
- The plans show a "proposed ingress/egress road (by others)". The road does not appear to
connect to Home Depot property. My question is, will this road continue through to Home
Depot, or be a dead end at their property?
- The Handicapped signs shown on sheet C-6 of the plans have improper wording. "TOW
A WAY ZONE & FINE TO $250.00" should not be included. Recommended wording -
"HANDICAPPED PARKING BY PERMIT ONLY". Refer to the A.D.A. manual for further
guidelines.
TRC0253.WPD
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-431
DATE:
Carrie Parker, City Manager
Clyde "Skip" Milor, Utilities Dept. Chief Field Insp.
Robert Eichorst, Public Works Director
John Wildner, Parks Superintendent
Bill Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
AI Newbold, Building Division
William Hukill, Director of Department of Development
Kevin Htihan, Forester/Environmentalist
.ef ~
~ eyden, AICP, Planning & Zoning Director
August 27, 1996
TO:
FROM:
RE:
SITE PLAN REVIEW PROCEDURES
1 st Review - New Site Plan
Project - Burger King Restaurant - Shoppes of Woolbright
Location - North side of the intersection of Woolbright Road and S.W. 8th
Street
Applicant - Howard Scharlin, Trustee
File No. - NWSP 96-009
Find attached for your review the plans and exhibits for the above-referenced project. New Site
Plan approval for this project will be granted by the City Commission. To ensure that the
project stays on line with the expedited review time frame established by resolution R95-
65, I request that the plans and exhibits be reviewed and formal written comments
transmitted to the Director of the Planning and Zoning Department no later than 5:00 P.M.
on September 10. 1996. Due to the expedited review process there will be one review for
this request. Return plans with your written comments with the exception of the
Development Department which may retain the plans as the control plans for the project.
Adhering to the following review guidelines will promote a comprehensive review and enable
the applicant to efficiently obtain Technical Review Committee approval:
1. Use the review standards specified in Part III, Land Development Regulations, Chapter
4, Site Plan Review, Section 8 of the Code of Ordinances to review and formulate
comments.
2. The documents submitted for the project were determined to be substantially complete
based on the submittal requirements identified in Section 7 of the Site Plan Review
Ordinance. However, if the data provided to meet the submittal requirements is
insufficient to properly evaluate and process the project based on the review standards
or the documents show code deficiencies, additional data and/or corrections should be
requested by the reviewer through the Planning and Zoning Department.
3. Each comment shall reference the section of the code that is incorrectly depicted on the
documents.
4. Technical Review Committee member(s) shall identify in their comments when the plans
depict or when the location and installation of their departmental required improvements
may conflict with other departmental improvements.
Page 2 of 2
Burger King Restaurant
Shoppes of Woolbright
To: TRC Members
Re: Planning & Zoning Memo 96-431
5. When a TRC Member finds a code deficiency that is outside of his/her review
responsibility, the comment and the specific code section may be included in their review
comments with the name of the appropriate TRC Member that is responsible for the review
specified.
6. If a TRC member finds the plans acceptable, he/she shall forward a memo, within the time
frame stated above, to the Planning and Zoning Director stating that the plans are
approved and they do not have any comments on the plans submitted for review and
recommend the project be forwarded through the approval process.
All comments shall be typed, addressed and transmitted to the Director of the Planning and
Zoning Department for distribution to the applicant. Please include the name and phone number
of the reviewer on this memo. Jerzy Lewicki will be the Planning and Zoning Department staff
member coordinating the 1 st review of the project.
The Planning and Zoning Department will send the applicant a cover letter which includes the
comment(s) and directions to amend the plans to comply with the comments and the procedures
for resubmission. When the Planning and Zoning Department receives the amended plans, they
will distribute the plans with a cover memo to all TRC Members for review and approval.
T JH:bme
Attachment
xc: (Memo Only)
Fire Chief
Charlie Frederick, Recreation & Parks Director
Marshall Gage, Police Chief
John Guidry, Utilities Director
Central File
A: 1 stREVBK.wpd