LEGAL APPROVAL
~~
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT:
Cunninaham-Limp of Florida, Inc.
APPLICANT'S AGENT: David A. Donaldson
HEARING BEFORE CITY COMMISSION: Mav 20. 1997
TYPE OF RELIEF SOUGHT:
LOCATION OF PROPERTY:
Bovnton C-16 Canal
Reauest approval of the site plan
the West side of Conaress Avenue. iust south of
DRAWING(S): SEE EXHIBIT "A" 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 Applic;ant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Appp4t's application for relief is hereby
..rG~NTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
6. Other:
DATED: Mav 20,1997
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EXHIBIT "C"
Conditions of Aooroval
Project name: Cooker Bar & Grill
File number: NWSP 97-007
Reference: The olans consist of 9 sheets identified as 1st Review. New Site Plan. File # NWSP 97-
007 with a March 17 1997 Plannina and Zonina Deoartment date stamo markina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
1. Plan shall specify meter size and location, (Sec. 26.16)).
2. A capacity reservation fee will be required within thirty (30) days
of City Commission approval, or upon request for Utility Department
signature on the HRSlDEP permit applications. The fee amount
will be determined based upon meter size or expected demand,
{Sec. 26-34[E].
3. Palm Beach Health Departm81t permit will be required, (Sec. 26-
12),
4. City water will not be supplied for irrigation. Please show source ,
and location on your olans (City Compo Plan, Policy 3C.3.4l.
5. Utilities requests a meeting with the project engineer to discuss
alternate locations of the proposed water main to minimize
conflicts with the proposed landscaping.
FIRE
Comments:
6. No portion of any building shall be over 200' from a fire hydrant.
Insure all turns have a 50' radius so that fire tlparatus can
maneuver around the building.
POLICE
Comments:
7. Show pavementstripings for traffic control (stop bars, stop signs,
etc.).
DEPARTMENT OF DEVELOPMENT
Comments:
8. 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 FOOT, PBC, SFWMD and any
other permitting agency shall be included with any permit request.
Chap.1, Art.!, Sec.6, pag.A, pg.1-3.
9. County road entrance sign requires PSC approval and state road
entrance sign reauires FOOT approval.
-10. Provide certification by developer's engineer that drainage plan
Page 2
Cooker Bar and Grill
File No. NWSP 97-007
DEPARTMENTS INCLUDE REJECT
complies with aU city codes and standards. Chap.6,AortV, Sec. SA,
pg.S-7 and Chao.23,Art.IIF, pg.23-8.
11. Provide details for pavement, grates, pipes, catch basins, etc.
Chao.S, Art.V, Sec.482e, pg.6-20.
12. Stormwater shall be contained on site. Provide for the retainment
of the first one-half inch of stormwater runoff prior to conveyance
to offsite receiving waters. Chap.23, Art. II F, pg.23-8 and Chap.6,
Art.IV, Sec.58, pg.6-8.
13. Specify clear sight triangles at aU driveways and adjust landscape
clan if needed. Chao.7.5Art.lI, Sec.5H2, 00.7.5-17.
14. Align access paths from sidewalks with HIC accessible paths
including stop bars and signs. Chap.23Art.I, Sec. 1 85, pg.23-1
and Section 4.3 of the Florida Accessibilitv Code, 00. 23.
15. Provide stop signs and stop bars in accordance with the "Manual
on Uniform Traffic Control Devices". Chap.23, Art.1I82, pg.23-7.
16. It is recommendedthat the width of the perimeter sidewalk be
increased from 5' to 7' and the wheel stops be eliminated. .
17. It is recommendedthat the width of the H/C access path on the
southernmost H/C stall be reduced from 8' to 5' and standard stalls
made slightly wider. (The 12' wide H/C stall and 5' wide path
meets criteria of a "universal staU" which includes "van accessible
stalls"). Also the wider 8' path creates the impression of being a
separate parking stall.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
None
PLANNING AND ZONING
Comments:
18. Any roof top equipment will have to be screened from view at a
distance of eoo 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
hundred feet from the building (LOR, Chapter 9, Section 11.E). If
no roof top equipment is planned, make an appropriate notation on
sheets A-4 and A-5.
19. Provide a detailed drawing of a dumpster enclosure meeting the
design standards as described in LOR, Chapter 9, Section 10.C
and Chapter 7.5, Article II, Section 5.J. The dumpster walls shown
on sheet A-4 indicate a height in excess of the allowed 6 fe,t.
Page 3
Cooker Bar and Grill
File No. NWSP 97-007
DEPARTMENTS INCLUDE REJECT
Correct the drawings to depict the appropriate height of the
dumpster walls of 6 feet.
20. Eliminate inconsistencies between the landscape plan and the site
plan with respect to dumpster location and its configuration on the
site.
21. Lighting shall be shown on the landscape plan to eliminate
potential conflicts with landscape material and existing on-site
and/or proposed easements.
22. Indicate the use of the building in the northwest comer of the
property.
23. On the Landscape Plan, Sheet 2 of 2, provide a tabular summary
of the planting material to include a "landscape material required
by the code" category. Also, provide relevant calculations for this
category. For the landscape buffer adjacent to rights-of way and
along abutting properties, provide perimeter distances of the
parcel for which the landscape buffer material is being calculated
(Chapter 7.5, Article 11- Landscape Code).
24. Incorporate the above calculation into the tabulation of the >
landt':ape material provided for the site. All native species shall
be distinguished from non-native species with a recognizable
symbol. The native requirement is fifty percent of the required
landscape plantina (Comprehensive Plan Policv 4.4.6).
25. Eliminate back lit awnings and lighting fixtures directing lighting
on the awninas (LOR, Chapter 9, Selion 10.F.5).
26. Provide information regarding size, design and color of
proposed signs on the property. It isrecommendedthat signs
be approved administratively, subiect to compliance with LOR.
27. Remove the proposed sign from the 20 feet wide utility
easement alona Conaress Avenue.
28. Provide for staff review a cross easement and parking agreement
to allow shared common access from Congress Avenue for both
properties: the subject property and the property located
immediately to the south of the subiect property.
29. The above ground transformer structure located south of the
restaurant building shall be screened, as a service area, at
minimum, with an 18 inch high hedge (at the time of planting) and,
after reachina its maturity. maintained at a heiaht of six feet.
30. Vehicular use areas shall be screened from adjacent rights-at-way
with a vegetative buffer, as required by LOR, Chapter.7.5, Article
II, Section 5. E. If such landscape material already exists on
adjacent lots, the on-site buffer requirement can be waived, but
only when this existing landscape buffer meets the city standards~
Existing vegetative buffers along the east, north and west
property lines do not meet the fifty percent native species
requirement as mandated by Comprehensive Plan Policy 4.4.6. In
addition to the existing off-site landscape material credited
towards the required peripheral, vegetative buffer provide
sufficient, on-site, landscape material (for both trees and hedge) to
meet the 50 percent requirement.
Page 4
Cooker Bar and Grill
File No. NWSP 97-007
DEPARTMENTS INCLUDE REJECT
31. Verify on the permit set of drawings that the "back-up" space for
the parking stalls located south of the proposed restaurant meets
the minimum city standard of 27 feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
32. Reword comment #19 as follows: Walls of the dumpster
enclosure that are located within thebuildable area of the site may
exceed six (6) feet, however, they shall not exceed the height of
the walls of the proposed restaurant buildina.
33. Reword comment #25 as follows: Wall mounted fixtures that
direct illumination onto the walls of the building and/or adjacent
sidewalk are acceptable. However, no fixture shall be directed to
illuminate the underside of the proposed awninas.
34. Reword comment #26 as follows: Signs shall not be approved
administratively and shall be submitted as a future major site plan
modification for review by the Plannina and Development Board.
35. Indicate on the landscaoe plan a type of mulch other than cveress.
36. The gaps in the required, existing perimeter landscaping shall be
filled in.
ADDITIONAL CITY COMMISSION CONDITIONS
37. To be determined.
MEH:dim
\\SWP\PROJECTS\COOKER\NWSP\cond. of approval.doc
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ADDITIONAL CONDITIONS FROM COM:MISSION MEETING
1.
2.
3.
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7.
8.
9.
10.
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Cooker Restaurant
to open in Boynton
By JUUE WARESH
Palm &ach Post Staff Writer
BOYNTON BEACH - Cooker Restaurant Corp.
this week began building its first Palm Beach County
location on Congress Avenue near the Boynton Beach
Mall.
The casual dining chain bought the 1.7-acre site -
at the north en-
trance of the mall
- from ASK Ven-
tures Inc. of Boca
Raton last month
for $917,500.
The company,
which operates 55
Cooker Bar and
Grille sites pri-
marily in the Mid-
west and South-
east, moved its
headquarters to
West Palm Beach
from Columbus,
Ohio, in 1995.
Since then, Di-
rector of Real Es-
tate Todd Sorrin STAFF GRAPHIC
has been scouting the area for sites. The company is
also looking to put Cooker restaurants in West Palm
Beach, Palm Beach Gardens and Boca Raton.
"We have laid Palm Beach County out with a
development plan," Sorrin said. "Boynton happened to
come first because the real estate was there."
Cooker expects to spend $1.8 million building and
equipping the 7,800-square-foot eatery, which is sched-
uled to open in November. The site is on the west side
of Congress Avenue, south of the Catalina Holiday Inn.
Sorrin said the company (NYSE: CGR: $10.50) is in
"serious" negotiations for a site in West Palm Beach,
and expects to have at least 60 restaurants open by the
end of the year.
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20,1997
B,
Project:
Agent:
Owner:
Location:
Description:
Cooker Bar & Grille Restaurant
David A. Donaldson
Cooker Restaurant Corporation
1333 North Congress Avenue (west side of Congress
Avenue, south of the Boynton C-16 Canal)
Site Plans - Request for site plan approval to
construct a 7,888 square foot restaurant and
associated parking on 1.68 acres of land.
Mr. Donaldson had no problems with the comments.
Ms. Heyden stated that staff is in .agreement with the Planning and Development
Board's recommendations.
Motion
Commissioner Tillman moved to approve development plan B, Cooker Bar & Grille,
1333 North Congress Avenue (west side of Congress Avenue, south of the Boynton
C-16 Canal) to construct a 7,888 square foot restaurant and associated parking on 1.68
acres of land, subject to staff comments and the Planning and Development Board
comments. Vice Mayor Titcomb seconded the motion, which carried 5-0.
C.
Project:
Agent:
Owner:
Location:
Description:
Lakeside Church
Donald E. Bryan, Bryan & Associates
Lakeside Christian Church
South side of Old Boynton Road, approximately 258
feet west of the intersection of Knuth Road and Old
Boynton Road
Site Plans - Request for site plan approval to
construct an 8,939 square foot church for 284 seats
(main sanctuary) on 1.25 acres of land.
Mr. Bryan was in agreement with all the conditions on Exhibit C.
Ms. Heyden advised that staff is in agreement with the Planning and Development
Board's recommendations. The Planning and Development Board recommended that
we no longer accept site plan applications that do not have sign submittals with them.
No one in the audience wished to address this item.
29
MEETING MINUTES
PLANNING & DEVELOPM~NT BOARD
BOYNTON BEACH, FLORIDA
MAY 13,1997
Motion
Mr, Aguila moved to approve the master plan modification for Quantum Park PID subject to the
following:
a.
.b.
c,
That we delete the commercial use request on Lots 17, 18. 19.21,39,
and 52:
that we delete industrial on Lots 3 and 22 through 31; and
reject the request for abandonment of a portion of Quantum Boulevard
between Lots 22 and 31; subject to all staff comments except:
1. That we delete the first three paragraphs in Comment #1 :
2. that we delete Comment #7,8,9,10,11,12,13.17, and 19 in
their entirety; and
3. that the applicant meet with staff in the near future to discuss the
traffic issues and develop some triggering mechanisms for
improvements to Gateway Boulevard when appropriate.
Mr, Rosenstock seconded the motion,
Vice Chairman Golden feels staff's comments were on target and this recommendation would
take something away from those comments. He cannot agree with that.
CHAIRMAN DUBE ANNOUNCED A PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS REQUEST.
The motion carried 6-1, (Vice Chairman Golden dissented.)
B. SITE PLANS
New Site Plan
Description:
Cooker Bar & Grille Restaurant
David A. Donaldson
Cooker Restaurant Corporation
1333 North Congress Avenue (west side of Congress Avenue,
south of the Boynton C-16 Canal).
Request for site plan approval to construct a 7.886 square foot
restaurant and associated parking on 1.68 acres of land.
1.-
Project:
Agent:
Owner:
Location:
Jerzy Lewicki, Assistant Planner, advised that staff had no additional comments to offer.
Dave Donaldson. 4980 6th Avenue South. Naples. Florida. advised that he reviewed Exhibit
"C" and does not agree with one comment. He requires clarification of another comment.
Comment 19 - This is an item in process and the applicant is working with the neighbor
to screen the dumpster. The 6' height requirement is not a problem. However. the neighbor
11
. .
MEETING MINUTES
PLANNING & DEVELOPMENl JARD
BOYNTON BEACH, FLORIDA
MAY 13,1997
has expressed concern regarding lines of sight from the third and fourth story, One request
was to move the dumpster enclosure, but Cooker was very reluctant to do that since remote
dumpsters present the potential for criminal activity, Cooker would like to roof the dumpster
enclosure with a roof that matches the building. There would be a need for a slight variance
over the 6' height to construct a roof.
The board members had no objection to Mr Donaldson's request for additional height to roof
the dumpster enclosure.
Comment 25 - The applicant disagrees with this comment relative to elimrnating the
backlit aWnings,
Mr Donaldson said Cooker's does not have backlit awnings. They have lights beneath the
awnings that shine down for pedestrian traffic, No light shines behind the awning. The
applicant shows a gooseneck fixture that shines onto the awnings. Mr, Donaldson circulated
photos of other businesses north and south of this location that have the same situation he is
proposing for Cooker's.
When ChalLnan Dube questioned why staff objects to this situation, Mr, Lewicki explained that
the lighting fixture shining on the canopy would be the same as backlit awnings.
Mr. Aguila explained that these light fixtures are added for architectural interest. They are not
providing any real difference, Vice Chairman Golden pointed out that Mr. Donaldson is not
asking for anything that is not already existing on other buildings in this City.
Mr. Haag advised that when Longhorn Steak House was built. there were different guidelines in
effect. There was a requirement to put lighting on the building.
In response to Mr. Aguila's request, Mr, Donaldson agreed to use mulch other than Cypress
mulch and to make sure the perimeter landscaping is in good shape or replaced. Mr.
Donaldson advised that the hedge row along the canal is in terrible shape. He has a revised
landscape plan. and has no problem relative to the landscaping. Mr. Donaldson further
confirmed that other than the words, "Bar and Grille", there will be no use of neon lighting.
Motion
Mr, Aguila moved to approve Cooker Bar & Grille, subject to staff comments with the following
corrections:
1
2,
Comment 19 - Some flexibility of working out the issue of raising the
dumpster walls so that he can roof it in order to deal with the neighbors;
Eliminate Comment 25 based on the understanding there is no back
lighting for the specific purpose of lighting the underside of the awnings:
Comment 26 - It is mandatory that it come to the board for review; and
that no Cypress mulch will be used and landscaping will be filled in along
the perimeter landscaping where there are voids.
3.
4.
12
MEETING MINUTES
PLANNING & DEVELOPM~r4T BOARD
BOYNTON BEACH, FLORIDA
MAY 13, 1997
Mr Elsner seconded the motion which carried unanimously.
In response to Ms. Frazier's question, Mr. Donaldson advised that Cooker's hopes to begin
construction in June. and be open for Thanksgiving.
Description:
Lakeside Church
Donald E. Bryan
Bryan & Associates
Lakeside Christian Church
South side of Old Boynton Road. approximately 258 feet west of
the intersection of Knuth Road and Old Boynton Road
Request for site plan approval to construct an 8.939 square foot
church for 284 seats (main sanctuary) on 1,25 acres of land,
2,
Project:
Agent:
Owner:
Location:
Donald Brvan. of Brvan & Associates. represented the owner. He advised that the only
comment in Exhibit "cn requiring clarification is Comment #27 which deals with the platting
issue. Mr. Bryan advised that his client was unaware that platting would be required.
According to staff, there is a question about whether the property has been divided more than
two times
Mr. Lewicki explained that when the tax map was researched, it was determined that Lot 53
was already split into four separate parcels. Our Code requires that when any property is spiit
into more than three lots, a plat must be submitted for City review. This process is being
omitted very often, and the City ends up with non-conforming lots that require variances in the
future. That problem will not present itself in this case, but staff would like to begin enforcing
this requirement. The applicant can either submit a subdivision plat for the City to review, or
request a waiver from this requirement since the split will be a very simple land subdivision.
Mr, Bryan explained that the platting process is a four to six month process. His client is hopin~
to submit drawings to the Building Department within the next 30 to 45 days. The client has a
financial commitment that must be met on this land by the end of July. They could lose the land
if they must go through the platting process.
Ms. Heyden explained that the timing of the platting process is driven by the applicant. The City
has a very quick platting process that can be accomplished in Mr. Bryan's time frame. The
process has been condensed to one step and can be accomplished within 30 days. The
applicant will not incur any additional impact fees.
The client accepted this condition.
Mr. Aguila pointed out that Cypress mulch is not to be used, and the Planning & Development
Board wants to see the signage at a future date. The applicant had no objection to these
recommendations.
13
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MEMORANDUM
UTILITIES DEPARTMENT
TO: Diane Reese, Finance Director
FROM: John A. Guidry, Utilities Director:
\
DATE:~':1-~ j~ (t;q 7
SUBJECT: Reservation fee transmittal for - C::,,'h.. 1Ja,,,r 'Y b""r, lip
Enclosed is a reservation fee for the subjectyroject:
Please deposit this fee in the appropriate account. You may refer any questions on
this matter to Peter Mazzella of this office.
JAG/PVM
bc: Peter Mazzella
xc: Tambri Heyden, Planning Director
File