LEGAL APPROVAL
~
LEGAL/APPROVAL DOCUMENTS
%e City of
$oynton $each
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Apn14,1997
100 'E. fJJognton fJJoo fJJoufeva:ra
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fJJoynton fJJeadi., :J1iJrida 33425-0310
City j{afl. (561) 375-6000
:J.9lX. (561) 375-6090
Mr Michael Morton
The Morton Group
902 ClInt Moore Road, Smte 124
Boca Raton, FL 33487
Re
FIle No
LocatIOn.
Shoppes of Woolbright - Food Court
NWSP 96-014
East SIde ofS W 8th Street, approXImately 450 feet north ofWoolbnght Road
Dear Mr Morton,
Enclosed IS the CIty of Boynton Beach Development Order regarding COmmIssion approval of your
request for sIte plan approval.
Should you have any questIOn regarding this matter, please feel free to contact tlus office at (561)
375-6260
Smcerely,
,r,
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Tambn J Heyden, AICP
Planning and Zorung DIrector
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Attachment
xc Central File
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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PLANN1~G AND oi'.'lW.Ii:"ti;.o ". :
ZONING DEPT. -...
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APPLICANT Howard R. Scharlin, Trustee
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APPLICANT'S AGENT
Michael Morton of Morton Group, Inc..
DATE OF HEARING BEFORE CITY COMMISSION March 4,1997
TYPE OF RELIEF SOUGHT Reauest for site plan approval to construct a 3.710
sauare foot food court buildina on .49 acres In the Shoppes of Woolbriaht PCD.
LOCATION OF PROPERTY
north of Woolbright Road
East side of S W 8th Street, approximately 450 feet
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
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 AppliCjlnt
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
3 The Applicant's application for relief is hereby
vGRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto
DENIED
4 This Order shall take effect immediately upon issuance by the City Clerk.
5 All further development on the property shall be made in accordance with
the terms and conditions of this order
6
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Other" ~ (jf)) 1 J ntJ.4-ljn
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CIY%L11/;V tuW.-u1.ltr
DATED March 4. 1997
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Clt Clerk
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SHOPp'=.5 OF 'J\IOOLBR\\3H\
FOOD caUR"
EXHIBIT "C"
Conditions of Approval
Project name Shoppes of Woolbright - Food Court
File number NWSP 96-014
Reference. The clans consist of 7 sheets identified as 2nd Review. New Site Plan. File #NWSP 96-014 with a
Janua~ 16 1997 Planning and Zoning Deoartment date stamo marking
.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
I Nnn...
UTI L1TI ES
Comments.
1 Palm trees will be the only tree species allowed within utilities 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 (Sec. 75-181)
2. A capacity reservation fee of $790 02 is due within thirty (30) days of commission ~
approval. (Sec. 26-34[E])
3 Water lines, including water services and meters, to be owned and operated by
the city shall be included within utilities easements. Please show all proposed ~
easements on the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the city (Sec. 26-
33(;:1))
FIRE
I . Nnn...
POLICE
Comments:
4 To insure one-way traffic on the east side of the building, "DO NOT ENTER" i/
signs for the exit of the loading area driveway are recommended.
5 The access road needs to show a STOP SIGN and STOP BAR for westbound V
tr::lffir. ::It ~ W Rth ~tr......t
DEVELOPMENT DEPARTMENT
Comments:
6 All plans submitted for specific permits shall meet the city's code requirements
at time of application. These permits include, but are not limited to the following:
site lighting, paving, drainage, curbing, landscaping irrigation and traffic control ~
devices. Permits required from agencies such as the FOOT PBC SFWMD and
any other permitting agency shall be included with your permit request.
7 Revise documents to reflect all comments. ./
Page 2
Shop pes of Woolbright - Food Court
File No. NWSP 96-014
DEPARTMENTS INCLUDE REJECT
8 Compliance with all development order conditions required prior to issuance of
certificate of occupancy and documents must be rectified to comply with all v-'"
development orders prior to issuance of building permits except where stated
otherwise within the development order conditions.
9 Plat review and approval required. Chap. 5 Art,lI Sec.1, pg.5-1 I./"""
10 Provide certification by developer's engineer that drainage plan complies with all /'
city codes and standards. Chap 6 Art.v Sec.5A, pg.6-7 and Chap.23 Art.IIF
pg.23-8
11 Provide details for pavement, grates, pipes, catch basins, etc. Chap 6, Art.V, ...,/'
Sec. 482e, pg 6-20 refer to Standard Drawing 8-91007
12. Applicant's attention is directed to Chap. 7, pg 7-1 regarding surety requirements. v
13 All landscaped areas shall be provided with an automatic water supply ../
system. Chap 75, Art.II, Sec.58, pg 7 5-14
14 Specify clear sight triangles at all driveways and adjust landscape plan if needed. ~
Chap 75 Art. II , Sec.5H2, pg.7 5-17
15 Permits must be obtained for work within R.O W Chap. 22, Art.1I Sec.7A, pg.22- v
3
16 Parking lot dimensions, striping, aisles, stalls, radii, signs, landscaping, etc. must ./
conform with city codes and standards. Chap.23, Art.!I, pg.23-6.
17 Provide a satisfactory lighting plan including photometries and pole wind loading. .,/'
Chap.23 Art.IIA, pg. 23-6
18 No trees shall be planted so as to interfere with lighting fixtures. Chap 23, ./
Art.IIAb, pg.23-7
19 All parking lots shall meet or exceed state handicap code requirements and /
comply with the standard building code, the county-wide amendments thereto,
and DCA Accessibility Requirements Manual. Chap. 23, Art.IIK, pg.23-9
20 Median landscaping must be completed and accepted prior to issuance of a ../
certificate of occupancy
21 Access road must be completed and accepted prior to issuance of a certificate /
of occupancy
22. Construct a 7 foot sidewalk along the south and west sides of building and v/'
eliminate wheel stops.
23 Off-site parking, if provided, is not identified. ~
24 Monument sign must conform to adopted Shoppes of Woolbright sign /
program.
25 Roof signs are prohibited Remove all roof signs from the roof band. (LOR. 1./
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PARKS AND RECREATION
r. NONE
Page 3
Shoppes of Woolbright - Food Court
File No NWSP 96-014
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENTALIST
I . N()NF
PLANNING AND ZONING
Comments.
26 The survey of proposed Lot 2 contained in this submittal is deficient with regard
to the following information
- topography
-easements; and/or
-surveyor's statements regarding researching property records.
In order for the city staff to properly evaluate the proposed site plan with regard
to possible conflicts between existing utility lines and easements and proposed /
improvements, provide a survey that will contain the above information and/or
statement from the surveyor that the property was researched for all
underground utility lines and easements, as required by LDR, Chapter 4
Section 7.A.
27 Any roof top equipment will have to be screened from view at a distance of 600
feet. If such equipment is planned indicate its location and the height of the
equipment above the roof level. Provide elevations of the structure showing the ./
roof top equipment and the required screening (all reduced to a small scale) and
draw in on these elevations the Iines-of-sight connecting the highest point of the
equipment with the eye level from a distance of 600 hundred feet from the
building (LDR, Chapter 9, Section 11 E)
28 With the approval of Burger King, the City Commission required that "the design
elements approved for Burger King site shall be carried forward on all future
development within the PCD" Amend the elevation drawings to comply with the
requirement of the City Commission and to provide compatibility of architectural
design within Shoppes of Woolbright PCD It is recommended that:
. to break up blank walls on highly visible building elevations, provide a /
series of in-sets, off-sets, control joints and/or small windows (6 feet or
more above the finished elevation so as not to conflict with service and
storage areas) on the east and north elevations.
. to achieve continuity coordinate landscaping along S.W 8th Street with
the landscape design schemes of Burger King and Discount Auto with
respect to species and setback/location.
29 According to LDR, Chapter 2 - Zoning, Section 11 J 1 the minimum size of the
loading zone is 12 feet in width and 35 feet in length Delineate on the site plan c/"
the location of the loading zone with a dotted line meeting the required design
standards.
30 The proposed building and site signage shall meet the approved Shoppes of /
Woolbright PCD master sign program criteria. Indicate the size and colors of the
proposed monument sign to reflect its compliance with the approved sign
program and appeal to the Community Design Plan (both development orders
dated November 19 1996)
Page 4
Shoppes of Woolbright - Food Court
File No NWSP 96-014
II DEPARTMENTS INCLUDE REJECT
31 The City's Land Development Regulations, Chapter 5 - Platting requires a plat
to be submitted if the land/parcel is split into more than two (2) lots. The
submitted survey indicates that the proposed project will create more than two /
(2) lots in Tract "C" File a replat of Tract "C" of Shoppes of Woolbright with the
Development Department.
32 The location of the building on the site plan does not conform to side yard /'
setback regulations. Amend the site plan to reflect the proper side yard setback
(30 feet) or receive approval of a variance,
33 Traffic control markings shall be shown within the vehicular use areas as ~
required by LDR, Chapter 4, Section 7 8.2.
34 Lighting shall be shown on the site plan as required by LDR, Chapter 4 Section /
7 8,2 and to eliminate potential conflicts with landscape material and existing on-
site or proposed easements.
35 The dumpster enclosure shall meet the design standards as described in LDR, /
Chapter 9 Section 10 C Note that the wooden enclosures are not permitted in
the city
36 Off-street parking (minimum of 9 spaces) has to be constructed prior to issuance
of Certificate of Occupancy for the Food Court building. Provide a document, /
signed by the property owner, indicating where the 9 parking spaces are to be
located and his/her approval of the additional parking Also, provide drawings
indicating that the 9 parking spaces will not cause a parking deficiency on the
property where the additional parking is to be provided.
37 On the Landscape Plan amend the tabular summary of the planting material to
include a "landscape material required by the code" category Also provide
relevant calculations for this category For the landscape buffer adjacent to the V'"
right-of-way and along abutting properties, provide perimeter distances of the
parcel for which the landscape buffer material (both trees and hedges) is being
calculated (Chapter 7 5, Article II - Landscape Code)
38 Incorporate the above calculation into the tabulation of the landscape material ~
provided for the site. The native requirement is fifty percent of the required
landscape planting (Comprehensive Plan Policy 4 4 6)
39 In order to screen the vehicular use area, as required by LDR, Chapter 7 5
Article II, Section 5 E provide a hedge along the eastern property line between /
the southeast comer of the building and the curb of the driveway If such hedge
meeting the city standards already exists on the adjacent property the on-site
hedge requirement can be waived, however the landscape plans indicating the
compliance of the substitute hedge with the city's landscape code have to be
submitted to the Planning and Zoning Department for verification
40 On the elevation drawings depict color code and manufacturer's name of all new
exterior building materials or finishes, as indicated in the submitted color code ,/
chart.
41 Submit to the Planning and Zoning Department a presentation board containing ./
samples of all exterior building materials to be used for construction.
42. Submit to the Planning and Zoning Department colored elevations all four sides /
of the buildina (on Iv one was submitted)
Page 5
Shoppes of Woolbright - Food Court
File No NWSP 96-014
DEPARTMENTS INCLUDE REJECT
43 Prior to the building permit issuance, obtain a letter from Palm Beach County
which approves the January 17, 1997 revisions to the traffic study (To assist the ../
applicant, staff submitted the study to the county on February 12, 1997 )
44 On the landscape plan, show all existing and/or proposed utility easements. /
Trees, other than palms, are not permitted within utility easements,
45 On the site plan, sheet 3 of 8 show all setbacks as required by LOR, Chapter 4 v'
Section 7 B 1
46 Prior to issuance of the building permit submit a copy of the drainage permit ./
issued by the Lake Worth Drainage District.
47 Eliminate discrepancies between the site data provided on the site plan and ../
paving, drainage and utility plan
48 Due to the proposed relocation, to the north, of the driveway on S W 8th Street,
a master plan modification is required to be submitted and presented to the
Planning and Development Board and City Commission prior to issuing a /
certificate of occupancy for the Food Court building No temporary certificate of
occupancy shall be issued for this condition.
49 The submitted cross easement agreement needs to be reviewed and accepted
by the City Attorney and subsequently, recorded in the Palm Beach County
Recorder's Office. No certificate of occupancy will be issued for either Food ./
Court or Discount Auto Part store until the driveway north of Discount Auto is
constructed.
50 Prior to issuing a certificate of occupancy for the Food Court building, rectify the /
most current approved master plan. No temporary certificate of occupancy shall
be. . .
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
51 Recommendation for denial and board review of revised building elevations ./
which comply with staff recommended conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
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52. To be determined. ~ (r1TfJ /. 0t1l
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ADDITIONAL COMMENTS/CONDITIONS INCLUDED BY CITY COMMISSION
Food Court at Shoppes of Woolbright PCD (File No NWSP 96-014)
City Commission Meeting of 3/4/97
1. Rooftop sians are prohibited. Sianaae on sides of parapet is allowed.
2. With the approval of Buraer Kina. the city Commission reQuired that "the
desian elements approved for Buraer Kina site shall be carried forward on all
future development within the Pcon. Amend the elevation drawinas to complv
with the reQuirement of the City Commission and to provide compatibilitv of
architectural desian within Shoppes of Woolbriaht PCD. It is recommended that:
. to break UP blank walls on hiahlv visible north and east buildina elevations.
provide a series of in-sets. off-sets or control ioints and provide small alass
block windows on the north elevation.
. to achieve continuity. coordinate landscapina alona S.W. 8th Street with the
landscape desian schemes of Buraer Kina and Discount Auto with respect to
species and setback/location.
3. Prior to issuance of a C.O.. on the Landscape Plan amend the tabular
summary of the plantina material to include a "landscape material reQuired by
the code" cateaory. For the landscape buffer adiacent to the riaht-of-wav and
alona abuUina properties. provide perimeter distances of the parcel for which the
landscape buffer material (both trees and hedaes) is beina calculated (Chapter
7.5. Article II - Landscape Code). No temporary C.O. shall be issued for this.
4. Prior to the issuance of a C.O.. incorporate the above calculation into the
tabulation of the landscape material provided for the site. The native
reQuirement is fifty percent of the reQuired landscape plantinQ (Comprehensive
Plan Policv 4.4.6.) No temporary C.O. shall be issued for this.
5. Prior to issuance of a C.O.. in order to screen the vehicular use area. as
reQuired bv LOR. Chapter 7.5. Article II. Section 5.E. provide a hedae alona the
eastern property line between the southeast corner of the buildina and the curb
of the driveway. If such hedae meetina the city standards alreadv exists on the
adiacent property. the on-site hedae reQuirement can be waived. however. the
landscape plans indicatina the compliance of the substitute hedae with the city's
landscape code have to be submitted to the Plannina and Zonina Department for
verification. No temporary C.O. shall be issued for this.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 4, 1997
Mayor Taylor had no objection to the walls as long as the windows are Installed He does
not have an objection to the color gray With regard to the buffer the comment needs to
remain as a condition of approval
Vice Mayor JaskiewIcz concurred with Mayor Taylor's remarks
CommisSioner Tillman feels the applicant has come a long way based on the natIonal
design of Discount Auto He had no problem with the walls However the buffer needs
to be put in
Vice Mayor Jaskiewicz does not agree with Bullet #4 In Comment #21 She cannot
envIsion a Discount Auto Store being pale peach However she felt there would have
been a much more attractive contrast with the black mansard roof if the color gray was
lighter
Mr Morton pOinted out that the national color is the gray that was submitted Perhaps a
different shade of gray would look better but he believes the color of the building should
remain as submitted
Motion
Commissioner Bradley moved approval of the site plan approval for Discount Auto Parts
at the Shoppes of Woolbright PCD subject to staff comments inclusive of Comment #33
and reflecting Comment #21 that the gray proposed by the applicant is acceptable, that the
split block IS acceptable, and that the windows or window applications as suggested by the
applicant would be part of the approval Commissioner Tillman seconded the motion
Attorney Cherof confirmed with Mr Morton that there will be not less than three windows
on each of the three elevations not less than 2' x 4' minimum each (8 square feet) in size
to break up the blank walls
The motion carried unanimously
B
PROJECT
AGENT
OWNER
LOCA TION
DESCRIPTION
Food Court at Shoppes of Woolbright pce
Michael Morton, Morton Group, Inc.
Howard R Scharlin, Trustee
East side of S W 8th Street, approximately 450 feet
north of Woolbright Road
SITE PLAN - Request for site plan approval to construct
a 3,710 square foot food court building on 49 acres In
the Shoppes of Woolbright PCD
28
MEETING MINUTES
REGULAR CITY COMMISS. ~
BOYNTON BEACH, FLORIDA
MARCH 4, 1997
Bradley Miller, Planner for the applicant, addressed only the comments he had
problems with They are
Comment #8 - Mr Miller requested clarification of the meanmg of this comment.
Comment #25 - This comment refers to roof signs being prohibited The applicant
IS not proposing a roof sign The sign proposed IS consistent with many other
projects within the City where there IS a mansard roof and a parapet that extends
from the roof line with the lettering on the parapet. Opti-World and Mama Jennie's
were used as examples
· Comment #28 - This comment refers to the architectural design The applicant's
comments with regard to consistency that were presented during the Discount Auto
presentation are the same for the Food Court. The applicant explained that this
project originally proposed a double-hipped blue roof They have changed this to
a single-hipped roof with a small parapet at the top The material to be used will be
a bronze metal standing seam roof The awnrng fabric will be more consistent with
the red In the lettering The darker color will be used for the window treatments
Comment #32 . The applicant obtained a variance approval in regard to the
setbacks
· Comments #37, 38, and 39 - With regard to the requirement of doing the
Landscape Plan, the applicant would like the timing changed to read that it be prior
to the issuance of Certificate of Occupancy for the Burger King building or prior to
issuance of building permits for Discount Auto or the Food Court, whichever comes
first.
· Comment #41 - The samples will be left with the Planning & Zoning Department.
· Comment #43 - This comment requests an approval letter from Palm Beach County
relative to a revised traffic study The applicant is working on that now and agrees
to the comment.
Ms Heyden addressed Comments Nos 8, 25, 28, 37 38, and 39
Comment #8 - The plans must be revised to reflect the comments This is a standard
comment made by the Development Department. Any conditions of the development order
that are herein allowed to be postponed without a CO, can be postponed at the time of CO
rather than permit issuance
29
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 4, 1997
This comment was acceptable to the applicant
On the issue of trying to coordinate landscape plans between the three parcels Mr Morton
said thiS might take extra effort than before building permit. The applicant would like the
comment to reflect Certificate of Occupancy which would prevent the business from
opening
Mayor Taylor questioned whether Mr Morton's remarks also related to Comments #37 38
and 39 Mr Morton responded affirmatively
Mr Morton advised that the applicant has already spoken with the landscape architect for
Burger King. and he has agreed to meet with the applicant. However he has not met with
the applicant yet. Mr Morton hired the same landscape architect for the Food Court and
Discount Auto to avoid having three different landscape architects He pointed out that
they are still at the mercy of Burger King The City has a way of holding up the Burger King
CO if they do not comply with this condition The applicant does not want to be in jeopardy
in picking up the permit. Discount Auto has their plans in for permitting at this time They
have addressed most of the comments made by the Building Department. At this point,
what remains are the comments from the Planning & Zoning Department and Engineering
Those comments will be made based on tonight's development order The architect for
Discount Auto will have the elevations showing the windows back to the applicant by Friday
for submittal to the Building Department. He is hopeful to have the building permit issued
within 10 days This condition will preclude that from happening
Ms Heyden advised that staff is not requiring the on-site landscaping plans to match
Comment #28 requires coordination of the SW 8th Street landscaping That is a separate
comment. She would not want to see the landscape plans for the on-site parcels delayed
after building permit.
Mr Morton pointed out that Comment #28 requires the coordination of the landscaping
along SW 8th Street with Burger King, Discount Auto, and the Food Court. This can be
construed that all of these things must go together The applicant is trying to make all of
these things compatible. The reason for the objection to Comment #8 was for clarification
purposes
With respect to Comments 37,38, and 39, Ms. Heyden agreed to reword the comment, "to
be done prior to a Certificate of Occupancy However, a temporary Certificate of
Occupancy shall not be issued in this condition" Mr Morton was agreeable with the
rewording Mayor Taylor confirmed that this rewording also addressed Comment #8
30
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 4, 1997
With respect to Comment #28 the Food Court bUilding has windows In front of the building
and on the south elevation The north side of the building is service area including the
kitchens and food preparation area as well as the toilet facilities A portion of the south
and east elevations are also service areas Mr Morton feels the building is attractive with
the elevations proposed Adding additional windows will not lend anything to the
appearance This building has a roof design on all four sides of the bUilding and IS located
on a vIsible corner For this reason they added the canopy and the tile band Mr Morton
agreed to add decorative window treatment. On the north elevation Mr Morton agreed
to add glass block windows He Will also add control joints since this IS a stucco bUilding
Comment #25 - This comment was made by the Development Department. Ms Heyden
agreed that we now have signs on the parapet walls in this City The Code reference says
you cannot have rooftop signs The Development Department presented a new
interpretation of that Code This IS an inconsistent interpretation Ms Heyden
recommends rewording this comment to say "Rooftop signs are prohibited However,
signage on sides of parapet are allowed II Mr Morton was agreeable with this change
In verbiage
Mr Morton reported that over the past several months, he has had the opportunity to have
meetings with Mayor Taylor Dale Sugerman. and Attorney Cherof, to resolve a lot of
issues that the developer has had problems with He has had a good opportunity to deal
with Mr Sugerman. and it was a very healthy experience Mr Sugerman was very
cooperative In resolving problems with the developer and staff He thanked Mr Sugerman
Vice Mayor Jaskiewicz stated that she has many reservations about this project because
she cannot imagine a building containing four restaurants being built on this size parcel of
land She is amazed that no one has objected to this project. She questioned whether Mr
Morton had provided a traffic study
Mr Morton advised that last year he came before the Commission with the Cracker Barrel
approval At that time, the recommendation from Planning was that a new traffic study be
submitted showing the entirety of the project including the PUO, PCD church parcel and
anything else involved in the 115 acres. That statement was submitted by Maria Palumbo
and approved by Bill Hukill, the County Traffic Engineer, and adopted by the City
Commission, as the approved new traffic study for this project. As part of that, since this
particular parcel has a different connotation than was on that master plan, the applicant
revised the traffic study and submitted that revised study to the City Maria Palumbo has
secured a letter of approval from the County Traffic Engineer that this project complies with
all of the conditions of that 1996 approval The applicant is within the allowances of the
traffic study
31
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 4, 1997
With regard to the uses In the bUilding the applicant IS following a new trend in the retail
restaurant business known as bundling This concept enables a store to have continuous
traffic flow and be a viable property
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING
Lee Wische, 1302 SW 18 Street, pointed out that there will be four concessions In this
building with only one refrigerator He asked Mr Morton to address this Issue
Mr Morton explained that the way this project is designed, the users try to use one walk-In
refrigerator and one walk-in freezer and combine the frying areas There is one owner for
the four franchises There is a commonality of uses within the building If that changes
plans would be submitted for building permits showing that situation broken up If there
are four separate owners the floor plan would have to be revised and approved by all
agencies Involved including the Health Department.
Motion
Commissioner Tillman moved to approve the Development Plan for the Food Court at the
Shoppes of Woolbright taking into consideration staff Comments #8. 25, 28 37 38, and
39 Commissioner Bradley seconded the motion which carried 4-1 (Vice Mayor
Jaskiewicz cast the dissenting vote)
Mr Morton clarified with Mayor Taylor that Commissioner Tillman meant the comments and
what was :::greed to at this meeting when he said" taking into consideration "
x. NEW BUSINESS
A Items for discussion requested by Commissioner Jamie Titcomb
1 Discussion on the topic of CBO PARKING PLAN, PARKING
GARAGE, FUNDING SOURCES and time line for
IMPLEMENTATION
Commissioner Titcomb said he now realizes that with several of the large projects the City
is contemplating and dealing with, one of the recurring themes of major areas of concern
is the area of parking as it relates to the CBo and the marina project. It is also his opinion
that as a Commission, it is important to begin looking at the issue of parking in a much
larger area than just the marina project. He feels it is necessary to prioritize and send a
message to staff to start looking at the CBo from the Intracoastal to Seacrest Boulevard
both north and south, in an effort to solve the parking problem for the entire downtown
32
MINUTES
PLANNING AND DEVL.LOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 11, 1997
2 Project:
Agent:
Description
Food Court at Shoppes of Woolbright PCD
Michael Morton
Morton Group Inc
Howard R Scharhn Trustee
East side of S W 811l Street, approximately 450 feet north of
Woolbright Road
Request for site plan approval to construct a 3 710 square
foot food court building on 49 acres in the Shoppes of
Woolbright PCD
Owner.
Location
See discussion under Item 7.A. 1
Chairman Oube did not feel that any four companies would rent one open space that
would allow access to everybody else s food Mr Morton said it is possible that the
interior floor plan might be divided
Mr Morton referred to comment 10 which states, "Provide certification by developer's
engineer that drainage plan complies with all city codes and standards It He pointed out
that the drainage information is shown on the engineering plans, and it is complete
Also, staff mentions that the traffic is inconsistent with previously approved traffic. He
advised that according to his Traffic Engineer, the traffic study is acceptable
Mr Morton advised that this building will have a bronze metal standing seam roof The
color of the building will remain the same There will be a stucco cap, the same color
as the building, around the roof The windows will be of the same bronze metal as the
Burger King The entrance and the doors will be improved to add the same kind of
design elements as the Burger King doors The landscaping for Burger King, Discount
Auto, and this parcel will be revised so that they are compatible and acceptable to the
City Forester and the Planning Department. The roof will only be 25 feet high
However, there is a comment that states that the roof should only be 16 feet high
because Burger King is 16 feet high
Mr Morton requested that comment 8 be revised He said the words "building permits"
make that whole sentence contradictory He will comply with everything per the
Certificate of Occupancy
He disagreed with comment 27 With regard to comment 42, he stated that according
to his Traffic Engineer, the traffic study was proper
With regard to comments 47 and 49, he requested that the words "building permit" be
changed to "plat" Ms Heyden agreed to this. She also changed the last sentence in
comment 42 to read, "Prior to the building permit issuance. obtain a letter from Palm
Beach County which approves the January 17, 1997 revisions to the traffic study" She
7
MINUTES
PLANNING AND DEVELC AENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 11, 1997
explained that Mr Morton s engineer transmitted the traffic study to the County without
forwarding it to us for forwarding to the County Mr Morton apparently received a
verbal agreement from the County however It is not in writing Mr Morton advised that
he has a letter from the Director of Development that states that the traffic study was
accepted He pointed out that he needed to do a traffic study before he could get
Kennedy Burger King, and Cracker Barrel approved He said Ms Heyden should have
a copy of this letter, If not, he Will give her one However he did not want a condition
that puts the onus on him to go through the City's records Ms Heyden said the
procedure IS that Palm Beach County reviews traffic studies Mr Morton said he will
bring In this letter
Mr Wische asked when the traffic study was made Mr Morton advised that it was
made about six or seven months ago Ms Heyden advised that the revisions are dated
January 17 1997 Mr Morton said the revision was strictly for this particular
application The original traffic study was approved It was a requirement of the City
CommiSSion on a prior approval The January 17th letter states that they have attached
tables to show how the Food Court and these applications fit into the previously
approved traffic study It is not a traffic study It only proves to the City that there is no
change from the original traffic study Ms Heyden advised that any revisions to traffic
studies are reviewed by Palm Beach County and they are tied to that particular project.
That IS why this comment is tied to this project. She clarified for Mr Morton that she
has no verification that the revisions dated January 17lt1 have been approved She has
the revisions, but she does not have the approval of the revisions Mr Morton asked if
it is his job to get the approval from the County Ms Heyden stated that his Traffic
Consultant forwarded the revisions to Palm Beach County, therefore, she felt it would
be best for Mr Morton to follow through on the approval
Chairman Dube expressed concern that a revised drawing, new renderings etc. could
be presented to the City Commission meeting without this board ever seeing them Mr
Morton advised that this will be heard by the City Commission on March 4lt1 Chairman
Oube pointed out that this board is approving a site plan that is landscaping only
Mr Rosenstock did not understand how this board can be asked to approve anything
that it does not see He did not think this board should even vote on this Mr Morton
asked that the board vote on the elevation that was displayed He pointed out that he
offered to change this elevation to try to accommodate some of the issues
Mr Rosenstock wished to change his vote on the last project to nay He said he did not
notice comment 27 which states, "With the approval of Burger King, the City
Commission required that the design elements approved for Burger King site shall be
carried forward on all future development within the PCD" He felt Mr Morton is correct
and that this is a wrong statement. Chairman Oube instructed the Recording Secretary
to change the vote on the last project.
8
MINUTES
PLANNING AND DEV~LOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 11, 1997
Motion
Mr Rosenstock moved that this board reject this project as set forth now because we
do not have the plans and specifications that will be presented at the time of the City
Commission meeting Ms Frazier seconded the motion, which carried 5-2 Chairman
Dube and Mr Reed cast the dissenting votes
Since this board is not able to correctly vote on this project, Chairman Oube requested
that the City Commission return it to this board Mr Morton stated that under the
expedited approval process he is not to be delayed He will present the amended
drawings of the Food Court to Ms Heyden by next Tuesday and requested that this
board reconvene before the March 4th City Commission meeting
Mr Rosenstock pointed out that Mr Morton knows when these meetings are scheduled
and questioned why he did not bring in the revised plans this evening Mr Morton
explained that he had no intentions of revising the plan and had made this clear to the
Planning Department, the City Manager, and the City Attorney He offered to change
the plan by installing a bronze metal standing seam roof and a band on top of the roof
that is compatible with the band on Burger King He is going to attempt to put some
kind of compatibility on the windows so that they are the same color as Burger King
He felt the members of the board could have visualized these improvements and
pointed out that when they have previously disagreed with the design of other projects,
they did not reject them They sent them back and told the applicant to make changes
to them They did not have to come back before this board This is what he was
proposing this evening He offered to show the board the revisions that are
contemplated, along with any changes to the Discount Auto elevations
Ms Heyden advised that all of what Mr Morton has offered to do with the building
would satisfy staff's comments. Chairman Dube was in favor of approving this subject
to the current staff conditions, but not subject to the Planning Department's approval
He advised that this board could meet again on February 25, 1997 if necessary
Mr Rosenstock said he does not always agree with staff and felt this board is entitled to
the courtesy and option of exercising its authority and should not be usurped or
bypassed If approved by the City Commission, he felt this should come back to this
board
8 COMMENTS BY MEMBERS
Mr Wische knew of someone who is interested in putting an Enterprise Auto Leasing
on a certain piece of property and requested him to get a consensus from this board
9