AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
o November 17, 1998
o December 1,1998
[8J December 15, 1998
o January 5, 1999
Date Final Form Must be Turned
in to City Clerk's Office
November 6, 1998 (noon)
November 20, 1998 (noon)
December4, 1998 (noon)
Requested City Commission
Meeting: Dates
o January 19, 1999
o February 2,1999
o February 16, 1999
o March 2, 1999
Date FinaJ Form Must be Turned
in to City Clerk's Office
January 8, 1999 (noon)
January 22, 1999 (noon)
Fehruary 5, 1999 (noon)
December 18, 1998 (noon)
February 19, 1999 (noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ 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 Public Hearing, The Planning and
Development Board with a 5-1 vote, recommended approval subject to staff comments with the modification of comment
#35 to allow the black stripes on the awning but to reduce awning illumination by appropriate shielding of the fixture. For
further details pertaining to the request, see attached Department of Development Memorandum No, PZ 98-333,
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Steak 'n Shake
James Harlow
Florida Engineering and Environmental Services, Inc.
Steak 'n Shake
Southwest corner of Old Boynton Road and Winchester Park Boulevard
Request for conditional use approval to construct a 3,690 square foot drive-thru/sit down
restaurant on 1.08 acres.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~lcttffJ~f;iJaL
Department of Development Director's Signature
City Manager's Signature
n,___c- .~~
Acting Manager 0 Planing and Zoning
City Attorney / Finance / Human Resources
\\CH\MAIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS\STEAK N SHAKE\COUS\AGENDA ITEM REQUEST ]2-]5-98 DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-333
TO: Chairman and Members
Planning and Development Board
YJ1rrJl?
FROM: Michael Rumpf
Acting Manager of Planning and Zoning
DATE: December 3,1998
SUBJECT: Steak 'n Shake - COUS 98-005
Conditional Use - Restaurant with drive-thru
INTRODUCTION
James Harlow, agent for Steak 'n Shake, Inc. is requesting conditional use approval for a property under
contract by Steak 'n Shake, Inc. of Clearwater, Florida, as follows:
Location:
Southwest comer of Old Boynton Road and Winchester Park Boulevard
Land UselZoning:
Local Retail Commercial (LRC), Community Commercial (C-3)
Type of Use:
Sit down/drive-through restaurant
Number of Seats:
99
Square Footage:
Building: 3,690 square feet; Site: 1,083 acres
SURROUNDING LAND USES AND ZONING:
The surrounding land uses and zoning are as follows (see attached location map - Exhibit "A"):
North -
Old Boynton Road and farther north the Boynton Beach Mall zoned C-3;
South -
Winchester Park Boulevard and farther east Boynton Commons zoned PCO;
Vacant land zoned Agriculture; and
East
West
Gas transmission facility and farther west vacant land zoned Agriculture,
STANDARDS FOR EVALUATING CONDITIONAL USES:
Section 11,2,0 of the Zoning Code contains the twelve standards listed below, to which conditional uses
are required to conform, Following each standard is a staff evaluation of the application as it pertains to
the standards, The Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may approve conditional uses absolutely or conditioned upon the conditions including, but not
limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be
determined necessary for the protection of the surrounding area and the citizens' general welfare, or
deny conditional uses when not in harmony with the intent and purpose of this section, The proposed
use is deemed a conditional use solely based on the existence of a drive-thru feature, pursuant to
Chapter 2, Zoning, Section 6,B,1,gg, In evaluating an application for conditional use, the Board and
Commission shall consider the effect of the proposed use on the general health, safety and welfare of
the community and make written findings certifying that satisfactory provision has been made concerning
the following standards, where applicable:
{
Page 2
Steak 'n Shake
File No,: CO US 98-005
1, Ingress and egress to the subject properly and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe,
As shown in Exhibit "B" - Proposed Site Plan, access to the site is proposed via one, two-way
driveway (right-out only) onto Old Boynton Road, and two, one-way driveways (one entrance-only
and one exit-only) onto Winchester Park Boulevard. Traffic flow on site consists of two-way
segments at the Old Boynton Road entrance and in front of the restaurant entrance, and one-way
segments throughout the remainder of the site as supported by angled parking,
Two parking lot variances have been concurrently requested, which are required given that the
proposed locations of two of the driveways do not meet the 180 feet setback requirement from
the intersection. The site is partially the cause of this situation, as property depth along Old
Boynton Road is only 167 feet, thereby precluding the ability to place a driveway on the north side
which conforms to the distance requirement. With respect to the second driveway that is within
180 feet from the intersection, two driveways are desired for the east side of the property in order
to separate ingress and egress traffic, and to reduce internal traffic conflicts. The southernmost
driveway meets the distance requirement; however, the northernmost driveway is placed in
alignment with an internal access isle, which locates it approximately 90 feet from the
intersection, Notwithstanding the issues related to hardship, which are being evaluated in
Department Memorandum #98-325, staff recognizes that lot depth precludes the ability to place
the driveway the maximum distance from the intersection, It must also be noted that the second
non-compliant driveway is part of a solution to internal circulation issues generated by lot
configuration, the drive-through feature, and the requirement that the drive-through feature not
face public rights-of-way (Chapter 9-Cornmunity Design Plan),
A review of anticipated traffic impacts has not been completed to date, which initiates the
condition of approval requiring confirmation from Palm Beach County that the project will conform
to the requirements of the traffic performance standards ordinance,
2. Off-street parking and loading areas where required,
Based on the square footage and seating proposed, 51 spaces are required, The applicant
proposes to provide 55 parking spaces including 3 handicapped spaces which exceeds the
requirements of code, As previously mentioned, angled parking is proposed which minimizes
required back-up distance and is designed in conjunction with one-way traffic flows,
3, Refuse and service areas, with particular reference to the items in subsection 1 and 2 above,
The dumpster location is proposed for the southwest comer of the parcel. The Public Works
Department has approved the location and enclosure,
4, Utilities, with reference to locations, availability, and compatibility.
All utilities are available to the site.
5, Screening, buffering and landscaping with reference to type, dimensions, and character.
The applicant is proposing site landscaping that exceeds the requirements of code, inCluding 10
foot wide green spaces where only five feet is required, and five foot wide spaces where only 2,5
d--
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Page 3
Steak 'n Shake
File No,; COUS 98-005
feet is required, The ten foot wide green space along the rights-of-way was requested by staff to
coincide with the Mure development of the remainder of adjacent land which the comprehensive
pia" requires to be development as a PCD or with similar buffering requirements, Other
characteristics of the proposed landscaping which exceed code requirements include the
additional accent plant materials placed within the landscape buffers, the foundation planting
placed along the entire perimeter of the building, and the continuation of the row of trees from the
street buffer along the two other sides that are only required to contain a hedge, The intensity of
landscaping is compatible with the existing new developments in the area such as the adjacent
Boynton Commons shopping center,
6, Signs, and proposed exterior lighting, with reference to glare, traffic safety, economiC' effect, and
compatibility and harmony with adjacent and nearby properties, .
There is proposed one, 20-foot high pole sign measuring approximately one square foot less
(62,77 square feet) than the maximum 64 square feet allowed, placed at the northeast corner of
the property, The pole sign will include a simple square-shaped cabinet containing only the
restaurant name (white lettering on red) and measuring 42 square feet, and a reader board
mounted below the main cabinet and measuring 20 square feet Proposed building signage
would occupy 63 square feet of the front (east) fayade above the entrance and consist of only the
restaurant name in red letters, Lighting will consist of five standard pole fixtures (height and type
required by condition) placed around the parking areas, lit signage, lit canopies, and neon along
the curved corner extensions to the building,
As discussed further under Item #8 below, the proposed building form and colors contrast with
the nearest commercial use (Boynton Commons) which is represented by pastel colors and
extensive architectural form and details, Although staff recognizes that the proposed project is a
product of standard and possibly inflexible corporate design requirements, Chapter 9, Community
Design Plan, requires that established architectural form within an area will be followed by
development within a two block area. To meet these design standards, and essentially reduce
the visual impact or extreme characteristics exhibited by the project, staff recommends that the
sign be converted to a monument sign not to exceed 8 feet in height, and the neon be eliminated
or covered by an opaque material. While the red lettering and accents are compatible with the
red colors within the signage for Boynton Commons, and on the signage and bay doors which
face this project from the Boynton Festive Center, the black colors, which would be even more
visible at night if lit, are unique to the area,
7. ReqL"'"ed setbacks and other open spaces,
All code required setbacks are reflected on the proposed site plan, No open space requirements
are applicable,
8, General compatibility with adjacent properties, and other properly in the zoning district.
This use is compatible with this area which is dominated by individual commercial uses and
shopping complexes; however; the project contains incompatibilities with establish~ adjacent
architectural form by which it would be visually compared, For example, the awnings, bold colors
and simple architectural form proposed is acceptable compared to the TGI Friday's and KFC
restaurants located nearby on Congress Avenue; however, such elements contrast the pleasant
and unique details, and soft pastels colors seen on the adjacent Boynton Commons shopping
center. Although there are similarities between the proposed red color and the red used on the
Circuit City signage and bay doors, the awning material, emphasized with black stripes (staff
-5
Page 4
Steak 'n Shake
File No,: COUS 98-005
recommends that the black stripes be removed), and the simple architectural form, represent
obvious visual differences and arguably detractions from, the details, form wand colors
established by the large (visually dominating) Boynton Commons project. Chapte 8. Community
Design Plan, includes the requirement that new developments be consistent wi established
patterns of development found within a surrounding two block area. By virtue of the size of
Boynton Commons, its proximity to the subject site, and distinct architectural details and colors, it
obviously represents the established pattern of development within this immediate area,
Therefore, staff has recommended the design alterations described herein to reduce the visual
impact of the project and to increase its compatibility with the architectural character of Boynton
Commons, Furthermore, by requiring these changes, staff exercises consistency in implementing
the Community Design Plan, which must continue to maintain or achieve similar or greater
compatibility in subsequent projects anticipated for the remaining vacant commercial property in
this area,
9, Height of buildings and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole,
The proposed building is to be single-story and less than 20 feet high, The building height is well
below that allowed by the code for the C-3 zoning district, and below the average height of
adjacent buildings,
10, Economic effects on adjacent and nearby properties, and the city as a whole.
Development of this site will have a positive economic benefit to the city, The use of the property
is compatible with surrounding commercial uses, therefore no negative effects on adjacent
property are expected,
11, Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article /I of the City of Boynton Beach Code of Ordinances (new reference is Part 1/1 - Land
Development Regulations, Chapter 4),
The project shall comply with the above standards, upon rectification of staff comments
conditioning the approval of the request.
12, Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards Seciion 4 of the zoning regulations; also, conformance to the City of Boynton Beach
Noise Control 0.- 1inance,
Compliance with the city's performance standards is anticipated and no nuisances or noise would
be generated by the proposed use beyond what is currently generated from the other nearby
commercial uses.
RECOMMENDATION:
Staff recommends approval of this conditional use request, subject to the permit plans for this project
being amended to show compliance with staff comments and the applicable City of Boynton Beach Code
of Ordinances (see Exhibit "C" - Conditions of Approval).
MR:bme
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EXHIBIT "e"
Conditions of Approval
Project name: Steak 'n Shake
File number: COUS 98-005
Reference: The olans consist of 10 sheets identified as 3rd Review. Conditional Use. File # COUS 98-005
with a November 19. 1998 Planninll and Zoninll Deoartment date stamo markinll
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
I. All utilities easements shall be shown on the rectified landscaping X
drawings so that we may determine 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 permits 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 1500 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 permit 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 forms or within 30 days of site plan approval,
whichever occurs first. This fee will be $790,02, based upon a I-inch
meter,
5. 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) ofthe code.
7. This office will not require surety for installation ofthe water and sewer X
utilities, on condition that the systems will be fully completed, and given
to the city before the first permanent meter is set. Note that setting of a
Page 2
Steak' n Shake
File No,: COUS 98-005
DEPARTMENTS INCLUDE REJECT
permanent water meter is a prerequisite to obtaining tbe 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- I 5)
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
9. Ail 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, pavmg, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, 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.BA,]
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, Striping and RPM's to be done on all
northbound and southbound lanes, [LDR Chapter 6, Article III, Section
16]
12, Show treatment facilities for storm water. Water to be pretreated on-site, X
Also, provide drainage calculations for connecting into existing drainage
system. [LDR Chapter 4, 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
offsite detention area for stormwater runoff. Pretreat the first Yo" of
_._--~-" "--
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Steak 'n Shake
File No.: COUS 98-005
DEPARTMENTS INCLUDE REJECT
storm water prior to outfall into the receiving facility. [LOR Chapter 6,
Article IV, Section 5,B. J.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 modity 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,
2J. Include a copy of the site plan with the paving and drainage permit X
request or show all traffic control devices on the paving and grading plan
for inspection purposes.
BUILDING DIVISION
Comments:
22. The Land Development Regulations (Chapter 9 - Community Design X
Plan, Section 10.1.1) specity that, "Signs shall be designed and treated as
part of the architecture of the building and shall be reviewed at time of
site ulan review."
a, Identity 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 identity 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 siguage.
23. Submit a floor plan drawing of the proposed building. Include on the X
Page 4
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 pennit 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 pennit 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 RECREA nON
Comments: None X
FORESTERlENVIRONMENT ALlST
Comments:
26, The applicant should indicate on sheet L-l 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 infonnation 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 (/80 feet minimum per Chap, 23, Art,I/.H.3).
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-turn only", This current text is
recognized as an inadvertent error as it leads traffic against the entrance
only driveway,
31. Obtain confinnation from Palm Beach County that the project conforms X
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Steak 'n Shake
File No,: COUS 98-005
DEPARTMENTS INCLUDE REJECT
with the Traffic Performance Standards Ordinance.
32, Modify the wall extensions at each corner to improve the compatibility X
of the proposed project with the form 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 fayade) for
example, and shall be approved by staff prior to submitting for permits,
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) fayade 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 determined,
MWRJdim
J:\SHRDATA\PtANNING\SHARED\lNP\PROJECTS\STEAK N SHAKEICOUSICOND. OF APPR-3RD REVIEW DOC