LEGAL APPROVAL
Bulent I. KastarlaJc. NCARB
Director
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Builmng
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
December 22, 1998
James Harlow
Florida Engineering and Environmental Services, Inc.
4519 George Road, Suite 130
Tampa, FL 33634
Re:
FileNo.:
Location:
Steak'n Shake
CaDS 98-005
Southwest corner of Old Boynton Rd. & Winchester Park Blvd.
Dear Mr. Harlow:
Enclosed is the City of Boynton Beach Development Order for conditional use approval granted
on December 15, 1998.
Should you have any questions regarding this matter, please feel free to contact this office at
(561)742-6260.
Sincerely,
/A- .<=-:-z.-~
Michael W. Rumpf
Manager of Planning & Zoning
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J:\SHRDA T A\PJanningISHAREDlWP\PROIECTS\Stcalr. n SlIakeldeveloporderltrdoc
America's Gateway to tlte Gulfstream
100 East Boynton Reach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425w0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVF'-"'PMEr-n" ORDER OF THE CITY ( 'MISf N OF THE
CI. . OF BOYNTON BEACH, FLORIDA
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PROJECT NAME: Steak 'n Shake
APPLICANTS AGENT: James Harlow, Florida Engineering and Environmental SeDlices,-lnlT.-::.---;:;:-:-',
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APPLICANTS ADDRESS: 4519 George Road, Suite 130, Tampa, FL 33634-- ---,,-"-,: ii':
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DATE Ot" HEARING BEFORE CITY COMMISSION: December 15, 1998! :1 \: [, 2 .:J i
TYPE OF RELIEF SOUGHT: Conditional Use
..--.------- I
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LOCATION OF PROPERTY: Southwest comer of Old Boynton Road and WinChester Park Boulevard
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO,
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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 Applicant
.lL HAS
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 notation "Included",
4, The Applicant's application for relief is hereby
.lL 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.
7. Other
DATED: l.;t-/b-C/S ~
JISHRDATAIP_HAREDlIM'\PROJECTS1S_ n --":OU..,.,.... US.doc
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City Clerk
EXHIBIT "e"
Cvllditions of Approval
Project name: Steak 'n Shake
File number: COUS 98-00S
Reference: The lans consist of 10 sheets identified as 3rd Review Conditional se. File # COUS 98-00S
with a November 19. 1998 Plannin" and Zonin" Deoartment date stamD markin"
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
L All utilities easements shall be shown on the rectified landscaping X
drawings so that we may detennine which trees may interfere with
utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilities within
the easement in the foreseeable future. LOR Sec. 7.5-18.1 gives public
utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
2. Dept. of Health penn its will be required for the water system extensions X
serving this project. (Sec. 26-12)
3, Fire flow calculations will be required demonstrating the City Code X
requirement of ISOO g.p,m. as stated in LOR Chap. 6, Art. , Sec. 16, or
the requirement imposed by insurance underwriters, whichever is
greater. (See Sec. 26-16(a)). Please submit these calculations with your
Health Department penn it application and plans.
4, Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X
paid for this project either upon my request for signature on the Health
Dept. application fonns or within 30 days of site plan approval,
whichever occurs first. This fee will be $790.02, based upon a I-inch
- meter.
S, Comp Plan policy 3C.3.4 requires the conservation of potable water. X
City water may, therefore, not be used for irrigation where other sources
are readily available.
6. Water and sewer lines to be owned and operated by the city shall be X
included within utility easements. Please show all existing or proposed
easements on the engineering drawings, using a minimum width of 12
feet. The easements shall be dedicated via separate instrument to the city
as stated in Sec, 26-33(a) of the code.
7, This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems will be fully completed, and given
to the city before the first pennanent meter is set. Note that setting of a
. Page 2
Steak, 'n Shake
File No.: COUS 98-005
DEPARlMENTS INCLUDE REJECT
permanent water meter is a prerequisite to obtaining the certificate of
OCCupancy,
8. A building permit for this project shall not be issued until this office has X
approved the plans for the water and sewer improvements required to
serve the project. (Sec. 26-15)
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
9. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, L WOD, DEP and any
others, shall be included with your permit request.
10. Provide proposed locations, type and height of site lighting on the X
landscape plan. Light poles shall not be in conflict with tree canopies.
[LDR Chapter 4, Section 7.B.4.]
II. Developer to restripe Winchester Park Boulevard along the east limits of X
site with 6" thermoplastic striping and add reflective pavement markings
per F.D.O.T. standards. "triping and RPM's to be done on all
northbound and southbound lanes. [LDR Chapter 6, Article Ill, Section
16]
12. Show treatment facilities for stormwater. Water to be pretreated on-site. X
Also, provide drainage calculations for connecting into existing drainage
system. [LDRChapter4, Section 7,F.I.]
13. Until there is a cross access at the SE comer of the site, delete the X
pavement markings and signage, extend the curbing at the nose of the
landscape island eastward and landscape the area. This will disallow
backup movements and illegal parking.
14. Provide written agreement with abutting property owners allowing use of X
off site detention area for storm water runoff. Pretreat the first y," of
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Steak' n Shake
File No.: COUS 98-005
DEPARTMENTS INCLUDE REJECT
stonnwater p:ior to outfall into the receiving facility, [LDR Chapter 6,
Article IV, Section 5.B.1.d.]
15, Install a stop sign and bar for northbound traffic from Winchester Park X
Boulevard.
16, Locate all stop bars and signs four feet back of sidewalks. X
17. All angle parking should have a minimum backup distance of 18' at the X
ingress end of all aisles per standard drawing B-900 13.
18. Include pavement markings and signage on paving and drainage plan for X
inspection purposes.
19. Concrete sidewalk shall go through all driveways, so modifY all notes to X
contractor regarding sidewalk on the site plan to read, "Contractor shall
replace all four inch thick sidewalk through all driveways with six inch
2500 p.s.i. concrete".
20. Regarding the parking spaces abutting the front entrance: extend the X
faces of the "F" curb on both islands out to a point in line with the ends
of the stall striping to define the parking area.
21. Include a copy of the site plan with the paving and drainage penn it X
request or show all traffic control devices on the paving and grading plan
for inspection purposes.
BUILDING DMSION
Comments:
22. The Land Development Regulations (Chapter 9 - Community Design X
, Plan. Section lrJ.l) specifY that, "Signs shall be designed and treated as
,
, part of the architecture of the building and shall be reviewed at time of
site Dlan review."
a. IdentifY where the building signage is located on the face of the
building by dimensioning their location on the elevation view
drawings. Dimensioning the distance from the edge of the
building to the edge of the proposed signage and dimension the
distance from the finish floor or top of the parapet wall to the
top of the proposed signage shall identifY the position of the
sign on the building.
Please refer to Chapter 21 - Sign Code of the Land Development
Regulations for other applicable regulations that may apply to the
proposed site and building signage.
23, Submit a floor plan drawing of the proposed building. Include on the X
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Steak 'n Shake
File No.: COUS 98-005
DEPARTMENTS INCLUDE REJECT
drawing the sidewalk layout that matches the layout shown on the site
plan along the north and west sides of the building. Indicate on the floor
plan the finish floor elevation. Show on the plan how the transition will
be made from the 15.50 elevation located on the outside of the building
to the 15.70 elevation proposed for the finish floor.
24, Provide a copy of the South Florida Water Management District permit X
that verifies the proposed finish floor elevation is in compliance with the
minimum standards.
25. Compliance with the building codes will be evaluated at time of permit X
review. The permit fee, water and sewer facility fees, county fees and
state fees will be determined at time of permit review.
PARKS AND RECREATION .
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
26. The applicant should indicate on sheet L- I any of the existing desirable X
trees which will be treated with the welling system and/or the tree barrier
system as shown on this sheet. This information will also be required
prior to a clearing and grubbing permit application.
PLANNING AND ZONING
Comments:
27, The site plan shall not be approved prior to the approval of a variance for X
the reduction of the required driveway distances from a major
intersection (I 80 feet minimum per Chap. 23, Art. ILH-J).
28, Dimension and identify on the landscape plan the required landscaped X
strips and interior islands.
29. Signage for drive through use shall not exceed 5 feet in height. Modify X
plan to show 5 feet rather than 7.1 feet.
30. Change note on site plan assigned to stop sign in front of entrance to read X
"left-turn only" rather than "right-tum only". This current text is
recognized as an inadvertent error as it leads traffic against the entrance
only driveway.
31. Obtain confirmation from Palm Beach County that the project conforms X
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Steak' n Shake
File No.: CODS 98-005
DEPARTMENTS INCLUDE REJECT
with the Traffic Perfonnance Standards Ordinance.
32. Modify the wall extensions at each comer to improve the compatibility X
of the proposed project with the fonn pre-established by the adjacent
Boynton Commons development. This modification could include
circular-shaped openings placed within the wall extensions and diamond
shaped markings (also repeated above the awnings along the fa~ade) for
example, and shall be approved by staff prior to submitting for penn its.
33, Omit neon lighting or cover neon with opaque material. X
34. Change sign to a monument sign not to exceed 8 feet in height. X
35. Eliminate black stripes on awnings. X
36, Building signage shall be limited to front (east) fa~ade as indicated on X
the elevation plan by Heath and Company dated November 7, 1998.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
37, Replace comment no. 35 with "Shield awning light downward to X
minimize illumination of awning. Place note on plan indicating same."
ADDITIONAL CITY COMMISSION CONDITIONS
38. To be detennined. (NON e)
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