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/
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J:ISHRDATA\PlanningISHAREDlWP\PROJECTSIThe Wreck Re81IMSPMIOevelOplT1en1 Order - MSPM,doc
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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