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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Plannin'g and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 8, 1999 Robert Currie ] 34 N.E. 1st Avenue Delray Beach, FL 33444 Re: File No.: Location: The Wreck Restaurant MSPM 98-004 502 E. Ocean Avenue Dear Mr. Currie: Enclosed is the City of Boynton Beach Development Order for Major Site Plan Modification approval granted on February 2, 1999. Should you have any questions regarding this matter, please feel free to contact this office at (561)742-6260 Sincerely, "'7 ? -t::..-- 1'--- . "-- Michael W. Rumpf Acting Manager of Planning & Zoning MWR:ja Enclosure JlSHRDATAIPLANNINGISHAREDlWPlPROJECTS\THE ""'RECK RESTlMSPMlDEVELOPMENT ORDER LETTER DOC America's Gateway to tI,e Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOP"''-~NT ORDER OF THE CITY COMr .- .~SION OF THE ATY OF BOYNTON BEACH, FLO~..JA PROJECT NAME: The Wreck Restaurant APPLICANT'S AGENT: Robert Currie APPLICANT'S ADDRESS: 134 N.E. 1st Avenue, Delray Beach, FL 33444 DATE OF CITY COMMISSION RATIFICATION: February 2, 1999 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 502 E. Ocean Avenue DRAWING(S}: SEE EXHIBIT "B" A TI ACHED HERETO. X THIS MA TIER 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 THIS MA TIER 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 LHAS 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 L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with th~. ~~rms and conditions of this order. ,,\\\\\1\\011 ';Nfilll/IIII/ '-.",' 13 "'0 0 ,....' 0<( ........... 1- ~ ~'C joPoPOI{,;', d) ~ I;. ... J ;.. .-t'\;:::' .:: : ~ ~\ \'. ::. --j : ')It:: =ui :0: !Ii \ j:r- ~ .....1920 j ~.. ~ ~ ~"" ~ ',...-" ~ - './~~ ~//~ {ORIO" ~\~~ City Clerk ItlllllJlII\\\\\\" J:ISHRDATA\PlanningISHAREDlWP\PROJECTSIThe Wreck Re81IMSPMIOevelOplT1en1 Order - MSPM,doc 6. 7. Other DATED: ~r4/99 EXHIBIT "e" Conditions of Approval Project name: The Wreck Restaurant File number: MSPM 98-004 Reference: The plans consist of 3 sheets identified as 2nd Review. Maior Site Plan Modification. File # MSPM 98-004 with a Januarv 8 1999 Planning and Zoning Department date stamp markinl! . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced X by City of Boynton Beach. Place note on dumpster detail to indicate same. 2. As per section 10-25 in the City Code, free dumping access to containers X at all times shall be provided by the user. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m. as stated in LDR Chap. 6, Art. , Sec. 16, or the requirement imposed by msurance 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 Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand above existing. 5. Provide an engineer's written certification that drainage will conform X with all rules of the City and the South Florida Water Management District. (LDR Chap. 4, Sec. 7F). There does not appear to be any provision for the required on-site pretreatment. 6. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 7. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) . Page 2 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS INCLUDE REJECT 8. A scaled drawing showing the site drainage plan shall be submitted. X (LOR Chap. 4, Sec. 7F) FIRE Comments: 9. All wood or partial wood structures shall include approved automatic fire X sprinkler systems. (Chapter 9, Section 9-6) POLICE Comments: 10. Show access ramps to site from proposed parking for handicapped X persons. ENGINEERING DIVISION Comments: 11. Show measurements on parking detail from center lines. X 12. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limed to the following: site lighting, pavmg, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FOOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 13. Show stop sign and bar at end ofN.E. 4th Street alley. X 14. Show accessible ramp at S.E. corner of Ocean Avenue and S.E. 4th X Street. 15. Provide a drainage plan and engineer's certification as specified m X Chapter 4, Section 7.F. of the LDR. BUILDING DIVISION Comments: 16. At time of permit review, provide detail drawings of the handrails that X are required for the 1 :20 ramps identified on the plans. Also show, label and dimension the landings that are required at the bottom of all ramps. The accessible route that is required from the accessible parking spaces Page 3 The Wreck Restaurant File No.: MSPM 98-004 DEPARTMENTS INCLUDE REJECT to the accessible entrances of the building shall be shown in compliance with the regulations specified in the Accessibility Code for Building Construction, Section 4.3 and 4.6. 17. Show and label on the floor plan drawing the level platforms that are X required at the accessible entrances to the building. Also dimension the clear space that is required at the handle side of the accessible doors located on the west side of the building. 18. On the floor plan and the site plan drawing, indicate the proposed finish X floor elevation. 19. Place a note on the elevation view drawings indicating that the wall X openings and wall construction shall comply with Table 600 of the Standard Building Code. 20. At time of permit review, add the following building specifications to the X plans: occupancy classification, type of construction and the flood zone the project is located within. Please note that changing the occupancy classification of the building will require that certification be provided that indicates the floor loads will comply with the specifications of the new occupancy classification. 21. Considering detail drawings of the site and building signage were not X submitted, place a note on the site plan and elevation view drawings indicating that separate site plan approval is required for site and building signage. The signage shall comply with the sign regulations specified in the Sign Code and the Design Guidelines Boynton Beach Central Business District. [Chapter 9, Section I]. 22. At time of permit review, submit a current survey of the project. Also, X submit a recorded Unity of Title form that combines the subject parcel of land with the parcel of land that contains parking spaces and is located south of the City alley shown on the site plan. 23. 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 RECREA nON Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X Page 4 The Wreck Restaurant File No.: MSPM 98-004 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 24. Submit deed or purchase contract. X 25. Submit a unity of title unifying all parcels to prevent future separation of X the parking area from the restaurant. 26. Submit colored elevations with colors consistent or comparable with X color alternatives for CBD (CBD Guidelines). 27. Replace the proposed Coconut Palms with Royal Palms consistent with X the Visions 20/20 Implementation Plan recommendations. 28. Show required and provided setbacks (note rear setback is 8 feet). X 29. Show parking space details for both regular and handicapped spaces in X conformity with city codes (see single regular space near building). 30. Dimension landscaped strips around parking area. X 31. Parking - proposed plan still shows reduction in parking by 35%; X reduction up to 50% is allowed but if less than 100% of required spaces are provided, remove 35% calculation. 32. Indicate source of irrigation on landscape plan. X 33. Show proposed type of signage, and details (sign design should also be X consistent with requirements of CBD Guidelines or "Visions 20/20" recommendations). 34. Show breakdown of existing and expanded area of building (square feet). X 35. Provide traffic data sufficient to review road impacts represented by X expanded portion of project and to satisfy county traffic performance standards. 36. Provide association or lease documents relative to cross/shared access, X sharing of dumpster, property maintenance, etc. 37. The site is deficient of the required number of parking spaces; either X obtain relief via variance approval, provide an agreement for the remaining required number of parking spaces, or submit in writing the commitment to participate in and/or contribute to any future comprehensive parking strategy/shared parking program applicable to the use. Page-S The Wreck Restaurant File No.: MSPM 98-004 DEP ARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 38. Property shall comply with any environmental regulations applicable to X site where insecticides where previously stored. ADDITIONAL CITY COMMISSION CONDITIONS 39. "[e lle deteFfRiR~d: ~A/€ V' J :\SHRDA T A\Plannmg\SHARED\ WP\PROJECTS\The Wreck Rest\MSPM\cond. of appr-2nd revlew.doc MWR/bme/dim MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 26, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman James Reed, Vice Chairman J. Stanley Dubs Pat Frazier Mike Friedland Steve Myott Frances Cleary, Voting Alternate William Sherman, Alternate Michael Rumpf, Acting Planning & Zoning Director Mike Cirullo, Acting Assistant City Attorney ABSENT Maurice Rosenstock 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced the Board Members, Acting Assistant City Attorney, Mike Cirullo, Mike Rumpf, Acting Director of Planning and Zoning and the Recording Secretary. 3. AGENDA APPROVAL Chairman Wische asked for a r11otion to approve the Agenda. Motion Mr. Dubs moved to approve the agenda. Vice Chair Reed seconded the motion. Motion unanimously carried. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26,1999 4. APPROVAL OF MINUTES Motion Mr. Dube moved to approve the minutes of the January 12. 1999 meeting. Motion seconded by Mr. Friedland. Motion unanimously carried. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of Planning and Development Board meeting agenda items by the City Commission at their meeting of January 19, 1999. (a) Grove Plaza Master Plan was approved; (b) The Melear PUD Modification was approved; (c) Gateway Professional Site Plan was approved; (d) The Atlas Party Rental Site Plan was approved; (e) Storage Building Site Plan (the Quonset Huts) was approved; (f ) The 7 -Eleven Site Plan was also approved with changes and conditions as follows: . Item 23, regarding the school comments on alcohol sales before a certain time, was omitted; . Item 14 will allow the pumps to be installed when the road-widening project is let, rather than when the project was completed; and . Item 13 was not approved. The Commission wanted further restrictions on the striping that is placed around the perimeter of the canopy. An agreement could not be reached and the applicant recommended that everything except this Item be approved, conditioned upon the applicant returning with a certain design for canopy signage striping. (g) Lake Worth Christian School Conditional Use Application for expansion was approved; and (h) The Peter Browne Abandonment was approved. 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26,1999 Chairman Wische stated that the Board was under the impression that the City Ordinance would not allow pumps to be installed until the road was completed. Mr. Rumpf stated that the definition of a status of a project according to County Concurrency Regulations, which provides for this, was used. Chairman Wische stated one of the key reasons the Planning and Development Board denied the project was that the Board assumed that the pumps could not be installed. Mr. Rumpf said that in accordance with the strict definition of the Zoning Code the use would not be allowed, but the installation of the pumps was considered using the County Concurrency system. Mr. Dube inquired if there was much discussion on the Quonset Hut item. Mr. Rumpf said there was a great deal of discussion and debate by the Commission. Mr. Rumpf said there was much support for the applicant from the audience and there was a petition presented to the Commission that favored the project as an improvement to the neighborhood. Mr. Friedland inquired about the sale of alcohol at the 7-Eleven, which is located across the street from a school, which will also sells cigarettes and other questionable reading material commonly sold at these types of businesses. Mr. Rumpf stated that issue was discussed since it was a condition of approval from the School Board. The Commission felt it was not equitable to restrict that use to one location since within a mile or less, the same sales take place at other establishments. 6. OLD BUSINESSS None Chairman Wische stated that anyone in the audience that wished to speak on any item before the Board must be sworn in. Chairman Wische instructed Acting Assistant City Attorney Cirullo to swear in all persons who would be testifying. 7. NEW BUSINESS Abandonment 1. PROJECT NAME: AGENT/OWNER: LOCATION: DESCRIPTION: Manatee Bay fka Banyan Cove Jan C. Hansen, Olen Development Company 1632 North Federal Highway Request approval for abandonment of a special purpose easement and utility easement recorded for a previously proposed subdivision that was not developed. 3 ---~---~----~-----_.-- MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26, 1999 Chairman Wische noted that the microphones were not working and requested that the Board members speak clearly in order to be heard. Chairman Wische requested that the applicant take the podium. Jon Hansen of the Olen Development Company took the podium on behalf of the applicant. Chairman Wische noted there was only one staff comment and cited the comment to the agent. Mr. Hansen stated that they agree to the one condition and that as of today they have secured a consent from FP&L. There are no other utilities within the easement. Mr. Hansen stated that the easement was developed at the same time as the plat for the property and that the plat was subsequently abandoned. Therefore, the easement never had any purpose once the plat was abandoned. Chairman Wische asked if there were any additional comments. Mr. Rumpf stated there were none. Chairman announced the public hearing portion of the meeting. Hearing none, closed the public hearing. Motion Mr. Dube moved to approve the request for abandonment of a special purpose easement and utility easement recorded for a previously proposed subdivision that was not developed for Manatee Bay fka Banyan Cove, subject to all staff conditions. Motion seconded by Mr. Myatt. Motion carried 7-0. B. SUBDIVISION Master Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center Kevin Donahue Dalfan American Corporation 1800 Corporate Drive Request for approval to modify the approved master plan to expand building "A" by 8,400 square feet and reduce buildings "B" and "C" each by 4,200 square feet. 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26, 1999 Mr. Kevin Donahue, 800 SW 14th Drive, Boca Raton, Florida took the podium. Chairman Wische said there were 22 staff comments and requested the agent only address those comments he does not agree with or needs clarification. Mr. Donahue stated they agree to all staff comments. Chairman announced the public hearing portion of the meeting. Hearing none, closed the public hearing. Chairman Wische asked if staff had any additional comments. There were none. Motion Vice Chair Reed moved for approval to modify the approved master plan for Boynton Commerce Center to expand building "A" by 8,400 square feet and reduce buildings liB" and "C" each by 4,200 square feet, subject to all staff comments. Mr. Dube seconded the motion. Motion carried 7-0. C. SITE PLANS Major Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Wreck Restaurant Robert Currie Robert Katz 502 E. Ocean Avenue Request for approval to adapt an existing commercial building into a 6,191 square foot, two-story restaurant. Robert Currie took the podium and stated he was the architect of the project. Chairman Wische stated there were 37 staff comments and asked if there were any comments the agent wished to address. Mr. Currie stated that all staff comments have been addressed and he has no comments. Chairman Wische inquired if the applicant obtained approval from the EPA. Mr. Currie stated they did not. Chairman Wische thought the building location had once been used for chemicals and/or pest control. Mr. Currie stated he did not know. Mr. Rumpf stated that this building was formeny known as the Bean Building and had once been occupied by exterminators and did not think that EPA approval was a 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26, 1999 requirement. Chairman Wische requested that if EPA approval was necessary, staff should work this out with the applicant. Ms. Frazier inquired when the restaurant anticipates opening. Mr. Currie stated that it would be approximately one year before the restaurant opens. Mr. Myott inquired if the owner were going to purchase additional parking spaces or if some type of arrangement has been set up for parking. Mr. Rumpf stated that the Code allows for some type of agreement for parking and staff is recommending that this project be deferred to the shared parking comprehensive analysis that is going to take place in the downtown area. Mr. Rumpf stated this shared parking has to work in order to encourage continued downtown development. This use, as well as any other uses, would utilize the shared-parking program. Mr. Myott asked when staff would stop accepting the no parking requirement. Mr. Rumpf said that there is a comprehensive program that would be completed by a consultant. The City has already received the proposals and there are only two to select from and both are acceptable. The comprehensive study should be completed within four to six months. Mr. Rumpf stated that the needs for this project will be incorporated in the study. Ms. Cleary asked where parking would be for the restaurant. Mr. Rumpf said there is a public lot with 21 spaces next door and there is on street parking. Mr. Rumpf stated there is a mixture of uses downtown and there is the assumption that there will be shared parking, as well as foot traffic. Mr. Dube said that although there was not enough parking, it is important that these projects proceed for the downtown area. Mr. Rumpf noted what is currently happening in Delray Beach regarding parking problems that had not been planned for. Mr. Rumpf said that the comprehensive planned study would place Boynton Beach ahead of the situation. Mr. Myott said his comments were not negative and thinks it is a wonderful project that should go forward. Chairman Wische announced the public hearing portion of the meeting. Hearing none, closed the public hearing. 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26, 1999 Motion Mr. Friedland moved to approve the request to adapt an existing commercial building into a 6,191 square foot, two-story restaurant at 502 E. Ocean Avenue, subject to staff comments and also with agreements if required from the EPA, the State or the Federal government due to past usage. Motion seconded by Mr. Dube. Motion carried 7-0. New Site Plan 2. PROJECT: AGENT: LOCATION: DESCRIPTION: Collier Commercial Scott D. Dler 409 NE 3R Street Request for approval to construct 49,704 10.760 square feet of office/warehouse space in three buildings on 1.14 acres. Mr. Scott Dyer, 7522 Briar Cliff Circle, Lake Worth, Florida took the podium. Chairman Wische noted there were 26 staff comments and asked the agent if he wished to address any of the comments. Mr. Dyer stated they agreed to all staff comments. Mr. Dyer noted that there was a typographical error and they are only constructing 10,760 square feet, not 49,704 square feet, which is the square footage for the entire site area. Chairman Wische announced the public hearing portion of the meeting, Hearing none, closed the public hearing. Chairman Wische asked if there were any additional staff comments. There were none. Motion Mr. Dube moved to approve the request to construct 10,760 square feet of officel warehouse space in three buildings on 1.14 acres for Collier Commercial at 409 NE 3rd Street, subject to all staff comments. Motion seconded by Mr. Myatt. Motion carried 7-0. 8. OTHER None 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 26,1999 9. COMMENTS BY MEMBERS Chairman Wische informed the Board that he spoke with Mr. Rumpf last week regarding the March 9th meeting which falls on Election Day and that several members will be involved with the elections that day. Chairman Wische requested that the meeting be changed to another date. After discussion, it was determined that the meeting date for the first meeting in March be changed to Monday, March 8,1999. Mr. Dube said he received a phone call from the owner of ACT III and questioned why she was not allowed to have a sign on the wall, which faces Federal Highway. Chairman Wische noted that the Wreck Restaurant will have a wall sign. Mr. Dube stated that the sign actually would be above the roof and the Shop is in need of some kind of identification. 10. ADJOURNMENT Motion Mr. Dube moved that the meeting adjourn. Motion seconded by Ms. Cleary. The meeting properly adjourned at 7:35 p.m. Respectfully submitted, /.' . -I.J...-(,,,t'-a~,- A I'L&. ..""G-..- Barbara M. Madden Recording Secretary (one tape) 8