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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT DIvIsion of Planning and ZonIng Bulent J. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment September 21, 1998 Hendrik DeMello 1300 E. Hillsboro Boulevard, Smte 203-A Deerfield Beach, FL 33441 Re FIle No LocatIOn. Ongmal Pancake House (Zonmg Code V anance) ZNCV 98-006 North SIde of Gateway Boulevard, nnmedmtely east of Hampton Inn Dear Mr DeMello Enclosed IS the CIty of Boynton Beach Development Order regardmg COlmmssIOn approval of your request for zomng code vanance. Should you have any questIOns regardmg tlus matter, please feel free to contact this office at (561)742-6260 Smcerely, f"t--./ _ (... y J Michael W Rumpf Actmg Planmng and Zomng DIrector MWR/jma Attachment J:\SHRDA T AIPLANNING\SHARED\WP\CORRESPIZONV ARJF\ORIGPANCAKEOO6DEVOR,DOC.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX. (561) 375-6259 DEVELOPMF-"IT ORDER OF THE CITY COMMIS~,,)N OF THE t Y OF BOYNTON BEACH, FLORIL... PROJECT NAME. Original Pancake House APPLICANT'S AGENT Hendrik DeMello APPLICANT'S ADDRESS 1300 E Hillsboro Boulevard Suite 203-A, Deerfield Beach, FL 33441 DATE OF CITY COMMISSION PUBLIC HEARING September 15,1998 TYPE OF RELIEF SOUGHT Zoning Code Variance (side yard setback) LOCATION OF PROPERTY North side of Gateway Boulevard, immediately east of Hampton Inn DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO X 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 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 ~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 -2L 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 \\\\\ \ \ \I III 11111 \\ \ II ~,\ <oOYNTO I'll/. z) A. '/. ~ ............'v 'l $ 0 . 9~f'O~.:... <9...... ~ .t. . V '"" ~.. .... .:::~l~ 'o-P~ =~! ~o::: ~o\ iz~ -. 20'- ~ ...... 19 ."l $ ~ -.. ... ~ i)~ ......... ~ ~/I: f:"l. 0 R \ 0 \l- ~~~ 1'//1111/111" \ \\\\'\ DATED' ~,e/ge J~~W~~~"~ City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Original Pancake House\zncv\Development Order zncv.doc EXHIBIT "D" Conditions of Approval Project name' Onginal Pancake House File number' ZNCV 98-006 Reference Zomng Code Vanance ApplicatIOn dated 7/7/98. 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 P ARKS AND RECREATION Comments. None X FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 It is recommended that this request be demed. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Conditioned upon all conditIOns of approval of the new site plan are X included with thiS request 3 Landscaping be enhanced along the west side mcluding shade trees X adjacent to restaurant and four (4) palm trees and cocoplum hedge north of the restaurant. MWR/dlm J:ISHRDATAIPLANNINGISHAREDIWP\PROJECTS\ORIGINAL PANCAKE HOUSE\ZNCV\COND. OF APPR-ZNCV.DOC MEET1NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Motion Vice Mayor Jaskiewicz moved to table the Orchard Landing request for a full hearing and further investigation by our attorney to ascertain if there are any legal issues fadng it. Commissioner "Titcomb seconded the motion Attorney Cherof recommended that the Commission table the proposed Development Order which has been removed from the Consent Agenda to a date certain to ensure that proper notice and opportunity to be heard is provided to the applicant, the public and any other interested parties. Vice Mayor Jaskiewicz rescinded her previous motion. Motion Vice Mayor Jaskiewicz moved that the Commission table the proposed Development Order to the October 20th City Commission meeting. Commissioner Titcomb seconded the motion. Mr Nelson requested that this item be continued to the first meeting in November since he will be on vacation on October 20th Vice Mayor Jaskiewicz agreed to amend her motion to table this Development Order to the November 4th meeting Commissioner "Titcomb seconded the amended motion. The motion carried 4-0. 5. Original Pancake House (Hendrik DeMello) - (Northside of Gateway Boulevard, immediately east of the Hampton Inn) - Request for variance approval to reduce the required side setback from 20' to 16' to allow sufficient space for a proposed restaurant and required parking Hendrik DeMello, Architect for the Original Pancake House, explained that the request for a variance was to reduce the side setback from 20' to 16' The applicant attempted to work with different schemes; however, that resulted in problems with the parking spaces. They could manage the si(_~ differently, but it would create site circulation that is not ideal. The ideal design and site drculation dictates that cars should be moved away from the entrance on Gateway Boulevard. The applicant feels the layout they propose still complies with the landscape requirements and impervious area calculations. The applicant now proposes to include more landscaping in the area to make up for the 4' variance. Mr DeMello stated that all of the parking would be along the eastside of the property The building is situated so that the setbacks will not be a problem visually Mr DeMello agreed to add more trees and shrubs in the strip. Staff has required the addition of a hedge along the building. Mr DeMello explained that the Original Pancake House would not be sharing parking with the Hampton Inn. They can each support their own parking; however, they have a cross-access agreement. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Vice Mayor Jaskiewicz requested that the applicant continue the landscaping in an effort to separate the parking between the Original Pancake House and the Hampton Inn Mr DeMello agreed to this request. Commissioner Denahan requested the addition of larger trees, closer together Commissioner litcomb questioned whether a setback was required between the parking spaces for the Hampton Inn and those of the Original Pancake House. Mr DeMello said there is a 5' setback on the Hampton Inn side of the parcel Steve Kamelhair, owner, explained that he would not have a problem extending the landscaping if the Hampton Inn agrees to allow them to do that. Mr Kamelhair does not anticipate a problem because he is purchasing the property from the Hampton Inn and the sale of the property is contingent upon the Commission's approval of the variance request. Maurice Rosenstock explained that the Planning & Development Board denied this request because of the lack of landscaping The board requested that the applicant plant a Ficus hedge and some trees close together to soften the project. He was pleased that the applicant had agreed to comply with those requests. Lee Wlsche, 1302 SW 18th Street, was the only Planning & Development Board member who voted in favor of this project because he felt these details could be worked out. He believes the Planning & Development Board would vote in favor of this request as a result of this presentation Mike Friedland, 330 NE 26th Avenue, member of the Planning & Development Board, urged the Commission to vote in favor of this request. Commissioner Denahan asked Mr Rumpf to explain the requirements for size of trees and space between trees. Mr Rumpf explained that there is no requirement for trees to be placed in the location in question Trees along the frontage of the property need to be one tree per 40' Commissioner Denahan feels the parking lot needs shade. The entire landscaping plan would be improved if trees were plan,~ among the hedges. She recommended the use of native trees. Mr DeMello explained that the roots of the trees would damage the asphalt. Mr Rosenstock suggested that the applicant plant Queen Palm trees along with the hedge. Jim Reed, 2458 Cranbrook Drive, member of the Planning It Development Board, pointed out that the fact that trees would damage the asphalt in such a small area is a good reason for not granting the variance. He said there are six criteria to be met for granting a variance. Mr Reed feels the developer could change the size of the building, decrease the amount of parking, or decrease the amount of greenspace. The developer chose not to decrease the size of the building or the amount of parking. Mr Reed feels the City has too stringent a parking requirement for restaurants. He recommended increasing the greenspace and having a cross-parking agreement with the Hampton Inn. Mr Reed further explained that 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 there were a couple of criteria that the applicant did not meet in order for the board to grant the variance The variance is not the only way the applicant can make use of the property Mayor Taylor feels the applicant can "beef up" the landscaping to more than the Code requires and put a hedge on property owned by the Hampton Inn Mayor Taylor will support this request. Commissioner Titcomb advised that he believed there was a solution in the developer trying to increase the landscaping above and beyond the minimum requirements to make up for the small strip that will be lost. This is a quality project in an appropriate place. Commissioner Oenahan said she would support this request if she could see the landscaping plan She requested the definition of "beef it up" Mayor Taylor advised that the applicant would add the entire border between the Hampton Inn and the Original Pancake House. Commissioner Oenahan said she would like to see the trees closer together on the entire site. Mr DeMello advised that the applicant has increased the number of trees along the east property line and along Gateway Boulevard The existing approved perimeter landscaping will be increased with the Original Pancake House plan. Commissioner Titcomb requested the addition of Palm trees in the 5' strip to break up the space. He does not feel the hedge alone will provide a sense of greenspace. Mr Kamelhair agreed to plant four (4) Palm trees in this 5' strip mixed in with a Cocoplum hedge. Motion Commissioner Titcomb moved to approve this project with that stipulation of adding a minimum of four (4) Palm trees along the 5' strip north of the building and any enhancement above and beyond minimum in the 16' strip along the eastside of the building. Vice Mayor Jaskiewicz - seconded the motion with all the conditions of approval as set forth in Exhibit "0" The motion carried 4-0. 6. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot 1) - Request for site plan approval to construct a 4,710 square foo" restaurant on a 1.15-acre parcel of land and associated parking Motion Based on the conditions of the last discussion, Commissioner Titcomb moved approval of Item 0.6. Vice Mayor Jaskiewicz seconded the motion that carried 4-0. IV-G. Approve Code Compliance Board action to reduce the lien in case #97-3346 from $5,300 plus administrative costs to $1,000 plus administrative costs for a total of $1,730.15 for Next Boynton Development - TABLED ON 9/3/98 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 there were a couple of criteria that the applicant did not meet In order for the board to grant the variance The variance Is not the only way the applicant can make use of the property Mayor Taylor feels the applicant can "beef up" the landscaping to more than the Code requires and put a hedge on property owned by the Hampton Inn. Mayor Taylor will support this request. Commissioner TItcomb advised that he believed there was a solution In the developer trying to increase the landscaping above and beyond the minimum requirements to make up for the small strip that will be lost. This is a quality project in an appropriate place. Commissioner Oenahan said she would support this request if she could see the landscaping plan. She requested the definition of "beef it up" Mayor Taylor advised that the applicant would add the entire border between the Hampton Inn and the Original Pancake House Commissioner Denahan said she would like to see the trees closer together on the entire site. Mr DeMello advised that the applicant has increased the number of trees along the east property line and along Gateway Boulevard. The existing approved perimeter landscaping will be increased with the Original Pancake House plan. Commissioner TItcomb requested the addition of Palm trees in the 5' strip to break up the space. He does not feel the hedge alone will provide a sense of greenspace. Mr Kamelhair agreed to plant four (4) Palm trees in this 5' strip mixed in with a Cocoplum hedge. Motion Commissioner litcomb moved to approve this project with that stipulation of adding a minimum of four (4) Palm trees along the 5' strip north of the building and any enhancement above and beyond minimum in the 16' strip along the eastside of the building. Vice Mayor Jaskiewicz - seconded the motion with all the conditions of approval as set forth in Exhibit "0" The motion carried 4-0 6. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot 1) - Request for site plan approval to construct a 4,710 square 100" restaurant on a 1.1S-acre parcel of land and associated parking Motion Based on the conditions of the last discussion, Commissioner TItcomb moved approval of Item 0.6. Vice Mayor Jaskiewicz seconded the motion that carried 4-0. IV-G. Approve Code Compliance Board action to reduce the lien In case #97-3346 from $5,300 plus administrative costs to $1,000 plus administrative costs for a total of $1,730.15 for Next Boynton Development - TABLED ON 9/3/98 12