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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetinll Dates o November 17, 1998 o December 1.1998 ~ December 15,1998 o January 5, 1999 Date FinaJ Form Must be Turned in to City Cle.k's Office Nuvember 6, 1998 (noon) November 20. 1998 (noon) December 4, 1998 (noon) Requested City Commission Meetine Dates o January 19, 1999 o February 2, 1999 o February 16, 1999 o March 2, 1999 Date Final Form Must be Turned in to City Clerk's Office January 8, 1999 (noon) January 22, 1999 (noon) February 5, 1999 (noon) December 18, 1998 (noon) February 19, 1999 (noon) NATURE OF AGENDA ITEM o Administrative 181 Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION: Please place the request below on the December IS, 1998 City Commission agenda under Consent - Ratification of Planning and Development Board Action, The Planning and Development Board with a 5-1 vote, recommended approval with no additional comments to staff comments, For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 98-325, EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Steak 'n Shake James Hariow Florida Engineering and Environmental Services, Inc, Steak 'n Shake Southwest comer of Old Boynton Road and Winchester Park Boulevard Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 23 - Section 7.H,3 to allow for a reduction of 89 feet from the required 180 feet minimum distance between a driveway on Winchester Park Boulevard and the intersection with Old Boynton Road, and a reduction of 58 feet from the required 180 feet minimum distance between a driveway on Old Boynton Road from the intersection with Winchester Park Boulevard driveway, PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A c1il-&~(U'~rfa1,!ftj Department of Dev opment Director's Signature City Manager's Signature '-:/1., ~ /~ I ~ <.. -' ' Acting Manager of PI g and Zoning City Attomey I Finance I Human Resources 1:\SHRDATA\PLANNtNO\SHAltEO\WP\PllOJECTS\STEAK N SHAKE\PKLVVo.CENDA ITEM 1t.EQUEST 12-1 S-91 DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-325 STAFF REPORT for PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION INT:lODUCTJON Meeting Date: December 8, 1998 FileNo: PKL V 98-006 Location: Southwest comer Old Boynton Rd, and Winchester Park Blvd, (see Exhibit "A" - Location Map) Applicant: Steak 'n Shake 2720 North Summerdale Drive Clearwater, FL 33761 Agent: James Harlow Florida Engineering & r wironmental Services 4519 George Road, Suite 130 Tampa, FL 33634 Zoning: C-3 (Conununity Conunercial) Project Name: Steak 'n Shake (see Exhibit "B" - site plan), Adjacent zoning districts and land uses: North - South - East Old Boymon Road and farther north the Boynton Beach Mall. Vaeant land zoned Agriculture and classified Local Retail Conunercial. Winchester Park Boulevard and farther east Boynton Conunons shopping center, zoned PCD, Vaeant land zoned Agriculture and classified Local Retail Conunercial. West Variance Requests: Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots. Anicle n. Section H.3, to allow a 58 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 122 feet (Old Boynton Road entrance); and Request for variance from City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots. Anicle n. Section H.3. to allow an 89 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 91 feet (northern driveway on Winchester Park Boulevard). BACKGROUND Steak 'n Shake is currently preparing a new site plan for this comer parcel at Old Boynton Road and Winchester Park Boulevard. As part of the application process they are required to seek relief for the proposed driveways due to 1) the depth of the propeny being less than 180 feet; and 2) proposed site design includes two driveways on Winchester Park Boulevard. one of which cannot be placed the minimum 180 feet from the intersection (see Exhibit "B" - Proposed Site Plan). ANALYSIS The City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots. Article n. Section I1.H,3 states as follows: "Distance from streets. Parldng lot driveways shall be constructed at least thirty (30) feet from the / Page 2 Memorandum No. PZ 98-325 Steak 'n Shake -staff report intersection of the right-of-way lines along local streets and one-hundred eighty feet along streets of a higher classification, . With existing frontage of 167 feet on Old Boynton Road, Steak 'n Shake seeks to place a driveway on Old Boynton Road at the northwestemmost location on the site, which is approximately 122 feet west of the intersection with Winchester Park Boulevard, As the Land Development Regulations require 180 feet, this would be S8 feet shon of the requirement. The second proposed non-compliant driveway is to be placed on Winchester Park Boulevard approximately 91 feet south of the intersection with Old Boynton Road, or 89 feet shon of the lSU feet separation requirement. In reviewing the above requests, staff reviewed several criteria for justifications for allowing variances at the proposed locations, This analysis focused on three primary issues: I) Traditional hardship criteria and lot configuration relative to the 180 feet distance requirement; 2) Alternative actions to avoid the necessity for a variance; and 3) Traffic circulation and safety, I) Hardship criteria The code states that zoning code variances cannot be approved unless the board finds the following: a, Thi1J special conditions and circumsronces exist which are peculiar to the land, strUcture, or building involved and which are not applicable to other lands, strUctUres or buildings in the same zoning district, b, That the special conditions and circumstances do not resuitfrom the actions of the applicant, c, That granting the variance requested will not confer on the applicant any special privilege that is denied Uy this ordi1Ulllce to other lands, buildings, or strUctures in the same zoning district. d. Thi1J literal interpretation of the provisions of this ordinonce would deprive the applicant of rights commonly enjoyed Uy other propenies in the same zoning district under the terms of the ordinance and would work unnecessary and undue hmdship on the applicant. e, That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f Thi1J the grant of the variance will be in harmorry with the general intent and purpose of this chapter [ordi1Ulllce] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare, With respect to this criteria. lot depth creates the natural hardship, as the lot is less than ISO feet deep, This situation involving a small corner parcel is common and frequently the subject of similar variances granted by the city, With respect to the second variance, if this driveway is considered expendable, given the existence of the third, it would appear that the hardship has been self-created, However, by vinue of the use being a restaurant, and one d , Page 3 Memorandum No. PZ 98-325 Steak 'n Shake -staff report which includes drive-through service, it is the opinion of staff that the petitiont;r has minimized the potential for internal traffic conflicts through one-way segments and separating traffic by single direction and limiting each of the two east-side driveways to one-way movement. This requires two driveways on the east side, one of which cannot be placed the minimwn 180 feet from the intersection, In evaluating this request, staff also considered external traffic impacts under alternative scenarios, For example, if the southern driveway remained exit only, and the nonhern non-compliant driveway eliminated, traffic hazards would be initiated by both encouraging u-turn movements to enter the site, or by requiring westbound traffic to traverse the three eastbound lanes on Old Boynton Road in close proximity to an lighted intersection, Internal circulation conflicts would be created by opening the southern driveway to two-way traffic. Internal traffic congestion could result in external traffic congestion if traffic became backed-up, With the nonhern driveway limited to ingress traffic, and with the movement options available to the entering vehicle. as well as the right-of-way given to ingress movement, a back-up situation is less likely and should be brief. In reviewing the hardship criteria, staff has accounted for lot dimensions, lot configuration, typical impacts and characteristics of the proposed use, and logical internal and external traffic circulation and patterns, 2) Alternative actioDS available to avoid the necessity for a variance Land assemblage to expand lot area is not feasible as adjll!:Cnt propenies are either occupied by the gas transmission facility or unavailable and reserved for future development, By virtue of this property being developed prior to the remainder of the adjacent land. it is not benefited by common or to be shared access resources. Otherwise, intema1ly-shared traffic resources could lessen direct traffic impacts felt by this single use, Alternative site designs have been considered yet involved greater internal traffic congestion (e,g, intersections with multiple direction traffic caused by the combination of entering traffic and drive-through traffic mixed with general traffic circulation, 3) Trame safety This proposal has been reviewed by the city's Engineer, who has projects marginal impact if these variances are granted, This opinion is based, in part, on the existence of an adjacent median on Winchester Park Boulevard that would delineate the flow of traffic, the limitation to right-turn only for traffic exiting onto Old Boynton Road, the ease in which traffic should access the site from the nonhern driveway, and the origins of southbound traffic on Winchester Park Boulevard which will include slower and lower volume traffic, Both driveways on Winchester Park Boulevard will be limited to right-in-right-out ooly. Lastly, the circulation on this site will be benefited by the ultimate development of the remainder of this land, through internal access to be reserved at the southeast comer of the site; however, the timing for future development activity on this adjacent land is unknown, RECOMMENDATION Staff recommends that the request for variances from the City of Boynton Beach Lo.nd Development Regulations, Chapter 23 - Parking Lots. Anicle n. Section H,3, to allow I) a 58 foot reduction from the required 180 feet minimwn driveway distance from an intersection to 122 feet (Old Boynton Road entrance); and to allow an 89 foot reduction from the required ISO feet minimwn driveway distance from an intersection to 91 feet (nonhern driveway on Winchester Park Boulevard). This recommendation is based, in part, on satisfaction with the traditional hardship criteria when considered along with the demands and perfonnances of the proposed use, lot size and configuration, and circulation characteristics of the area and site design. There are currently no conditions of approval recommended. If conditions of approval are added by the Planning and Development Board and City Commission, said conditions will be listed in Exhibit "C., xc: Cencral file l:\SHRDATAII'IaluIiD,ISHAREDIWPlPROJECTSISItIlt 'D Sbake. staff rep.doc .3. II )CATION rv;-A.P EXHIBIT 1 STEAK-N-SHAKE , ~L 1_, .--_-{"" ( 'r-. '. :';;"',~;;-:.::'.. " '..........-' '~ll j 2 'j 1 \.... " :-.":'.:', '1'-1; ti:!I' I.r' l-'("'l'r'.c- .~ R -;f ::r'[' "'I ,u'~"'~I'II:!.! ~ 'I 'J:';!\'j , I ' ", ~ "-,:, I : '~ 1 ; \ ~.. , : ~', ,': I : : ': i ~ j'L j: I' ,~.! )1 j C ::~ I I "j . . .. -, of . .' I. . I......, ,;. '6,. I! 1"; ~~... 'I . :,: ..._ ':,:=-.~ '..... _ .. . ;,...'.1 ...:l' .' 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II - .-,BrIM... i..I' - ~ lilt ~t'~i i. ii I !I-"':' "~_;'.!I-. II I i'IU~I=U I saO"'I!limmm.. · I . I 'I' i il 0'.. .1 '1 .'un-....' II!! ! i-! · _ ~ ;lil,' iI i -iii~e;! US oi. . i ! 6' I I ~ !~ 1111 alii ! ;! - 1 -I !1I..-z *i!1 I I - i~ , : f i (') .. - ~~EACH' rl. ___. ... ~m..'.." _. ". .,.., '. ~ ..j.....;,kr.~(! ::..1.--=--=-..:-::' . .....& =-.....~. .. ""._It.". =-__-;'''' ,__ 1.."'Jt~ ::==.-;:.. .'WOo 00_ __..._,.". SITE: PLAN ij .. " ! o Jl <: i ~ (/) (/) c:: ~ m n -t o ." ~ Jl ;; Z n m r- o Jl n ~ i\) Co> (/) m n ... J: ~ EXHIBIT "e" Conditions of Aooroval Project name: Steak 'n Shake File number: PKL V 98-006 Reference: Aoolication dated November 4. 1998 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None. X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2, To be determined, MWRJdim J:ISHROATAIPLANNINGISHAREDlWPIPROJECTSISTEAK N SHAKEIPKlVICOND. OF APPR.PKlV.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-325 STAFF REPORT for PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION INTRODUCTION Meeting Date: December 8, 1998 File No: PKL V 98-006 Location: Southwest corner Old Boynton Rd, and Winchester Park Blvd, (see Exhibit "A"- Location Map) Applicant: Steak 'n Shake 2720 North Summerdale Drive Clearwater, FL 33761 Agent: James Harlow Florida Engineering & Environmental Services 4519 George Road, Suite 130 Tampa, FL 33634 Zoning: C-3 (Community Commercial) Project Name: Steak 'n Shake (see Exhibit "B" - site plan), Adjacent zoning districts and land uses: West Old Boytnon Road and farther north the Boynton Beach Mall. Vacant land zoned Agriculture and classified Local Retail Commercial. Winchester Park Boulevard and farther east Boynton Commons shopping center, zoned PCD, Vacant land zoned Agriculture and classified Local Retail Commercial. North South East Variance Requests: Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.3, to allow a 58 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 122 feet (Old Boynton Road entrance); and Request for variance from City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.3. to allow an 89 foot reduction from the required minimum driveway distance from an intersection of 180 feet to 91 feet (northern driveway on Winchester Park Boulevard). BACKGROUND Steak 'n Shake is currently preparing a new site plan for this corner parcel at Old Boynton Road and Winchester Park Boulevard. As part of the application process they are required to seek relief for the proposed driveways due to I) the depth of the property being less than 180 feet; and 2) proposed site design includes two driveways on Winchester Park Boulevard, one of which cannot be placed the minimum 180 feet from the intersection (see Exhibit "B" - Proposed Site Plan), ANALYSIS The City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section 11.H.3 states as follows: "Distance from streets, Parking lot driveways shall be constructed at least thirty (30) feet from the / Page 2 Memorandum No. PZ 98-325 Steak 'n Shake -staff report intersection of the right-of-way lines along local streets and one-hundred eighty feet along streets of a higher classification. " With existing frontage of 167 feet on Old Boynton Road, Steak 'n Shake seeks to place a driveway on Old Boynton Road at the northwesternmost location on the site, which is approximately 122 feet west of the intersection with Winchester Park Boulevard, As the Land Development Regulations require 180 feet, this would be 58 feet short of the requirement. The second proposed non-compliant driveway is to be placed on Winchester Park Boulevard approximately 91 feet south of the intersection with Old Boynton Road, or 89 feet short of the 180 feet separation requirement. In reviewing the above requests, staff reviewed several criteria for justifications for allowing variances at the proposed locations, This analysis focused on three primary issues: 1) Traditional hardship criteria and lot configuration relative to the 180 feet distance requirement; 2) Alternative actions to avoid the necessity for a variance; and 3) Traffic circulation and safety, 1) Hardship criteria The code states that zoning code variances cannot be approved unless the board finds the following: a, That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b, That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district, d, That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant, e, That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f That the grant of the variance will be in harmony with the general intent and purpose of this chapter {ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. With respect to this criteria, lot depth creates the natural hardship, as the lot is less than 180 feet deep. This situation involving a small corner parcel is conunon and frequently the subject of similar variances granted by the city, With respect to the second variance, if this driveway is considered expendable, given the existence of the third, it would appear that the hardship has been self-created. However, by virtue of the use being a restaurant, and one d, Page 3 Memorandum No. PZ 98-325 Steak 'n Shake -staff report which includes drive-through service, it is the opinion of staff that the petitioner has minimized the potential for internal traffic conflicts through one-way segments and separating traffic by single direction and limiting each of the two east-side driveways to one-way movement. This requires two driveways on the east side, one of which cannot be placed the minimum 180 feet from the intersection. In evaluating this request, staff also considered external traffic impacts under alternative scenarios, For example, if the southern driveway remained exit only, and the northern non-compliant driveway eliminated, traffic hazards would be initiated by both encouraging u-turn movements to enter the site, or by requiring westbound traffic to traverse the three eastbound lanes on Old Boynton Road in close proximity to an lighted intersection. Internal circulation conflicts would be created by opening the southern driveway to two-way traffic. Internal traffic congestion could result in external traffic congestion if traffic became backed-up, With the northern driveway limited to ingress traffic, and with the movement options available to the entering vehicle, as well as the right-of-way given to ingress movement, a back-up situation is less likely and should be brief. In reviewing the hardship criteria, staff has accounted for lot dimensions, lot configuration, typical impacts and characteristics of the proposed use, and logical internal and external traffic circulation and patterns, 2) Alternative actions available to avoid the necessity for a variance Land assemblage to expand lot area is not feasible as adjacent properties are either occupied by the gas transmission facility or unavailable and reserved for future development. By virtue of this property being developed prior to the remainder of the adjacent land, it is not benefited by common or to be shared access resources. Otherwise, internally-shared traffic resources could lessen direct traffic impacts felt by this single use, Alternative site designs have been considered yet involved greater internal traffic congestion (e,g, intersections with multiple direction traffic caused by the combination of entering traffic and drive-through traffic mixed with general traffic circulation, 3) Traffic safety This proposal has been reviewed by the city's Engineer, who has projects marginal impact if these variances are granted, This opinion is based, in part, on the existence of an adjacent median on Winchester Park Boulevard that would delineate the flow of traffic, the limitation to right-turn only for traffic exiting onto Old Boynton Road, the ease in which traffic should access the site from the northern driveway, and the origins of southbound traffic on Winchester Park Boulevard which will include slower and lower volume traffic, Both driveways on Winchester Park Boulevard will be limited to right-in-right-out only, Lastly, the circulation on this site will be benefited by the ultimate development of the remainder of this land, through internal access to be reserved at the southeast corner of the site; however, the timing for future development activity on this adjacent land is unknown, RECOMMENDATION Staff recommends that the request for variances from the City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots, Article ll, Section H.3, to allow 1) a 58 foot reduction from the required 180 feet minimum driveway distance from an intersection to 122 feet (Old Boynton Road entrance); and to allow an 89 foot reduction from the required 180 feet minimum driveway distance from an intersection to 91 feet (northern driveway on Winchester Park Boulevard), This recommendation is based, in part, on satisfaction with the traditional hardship criteria when considered along with the demands and performances of the proposed use, lot size and configuration, and circulation characteristics of the area and site design, There are currently no conditions of approval recommended. If conditions of approval are added by the Planning and Development Board and City Commission, said conditions will be listed in Exhibit "C". xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Steak 'n Shake - staff rep.doc j LCCA,'ON M~P L-'" S,EAK-N-SHAKE ..- '"Ll--.' ,,' ,<Ii, \: ' ' ,"",~ 't~, :'\ " ", , " " "\' \' \', ~ \ ~\ "~ _>, ,\ \ i '\ , ",I' \ ' \' ~\ \ t;". \ \ ' ',r ",' ",-, :'" \ \LJ':l l J c:;~\,' : <, ,\,111 Ii'=" ~ i (Ii /' \ \ \ \. ,_ \,1 ~ """">'~ _r""'-' ",,: \ ,\ >""" "" L~ \:/ '\' \~\ r <; , " ,: " " " " I JC3 :,,:i ,,; t( \ \\:.~,J \" ,C~ '" \ ,.\ , \ f\~--- "<,' , L.--- -. \ 'I I -:,.~,,~'O~ "o.EA;;;" I' ..,;. J , l' ",,' '" , ' , --1 \) \ r:l'\ A A .' ," ~ _ _ _'';..J-~'''' ~ .' - -. (i"'~ \' ' \ \ ' ..' \, ,\' '\ \ '.' '", " ,_ ._, ";""~ l' .' I \' ' \ ,,' ", ',',',' '. ':. '. ' , ,! ..." .. \ "'\ ~ '1 \' ,~,J, \ ", " \ ' .' \. " "", I, \ \' , 1 ,.,' '. 0{ " <l\ ~, 'j' 'J \ 'ej 31,/ -... ..... 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