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LEGAL APPROVAL LEGALI APPROVAL DOCUMENTS DEVELOPMENT ORDER ,-" rv OF BOYNTON BEACH, FLORt..,A PROJECT NAME. Shoppes of Woolbright PCD '7) J~ \ '1 ~, n JVLci~ 1'" !..... -t APPLICANT Vito Pellerito 11 ~ i' APPLICANT'S AGENT Robert N Hochberg Li"" .G i.if) Z~)NI!~G OEPT. AGENT'S ADDRESS 150 S Andrews Ave, Suite 200, Pompano Beach, FL 33Uo~ . II .,... DATE OF HEARING BEFORE CITY COMMISSION #utV/sr 5"/9'9'7 .. TYPE OF RELIEF SOUGHT Use Approval - vendor carts LOCATION OF PROPERTY North side of the intersection of Woolbright Road and S W 8th Street DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO 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 ~ 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 "B" with notation "Included" 4 The Applicant's application for relief is hereby V' 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 DATED ~~P7 ~,\\\\\"II 1 1 ""'11/ ~.".... eOYN'l". :I/~ ~ 0' ........ o~ ~ ;:: ~ RPO~~. ~ ~ J... ""f~" d) -::. (i\', ~ :: t:J \ '):It == : n :: : ::z: - .., 1920./ j ~ a. ..- i:: ~ ~ ............ ~ ~/I. (ORIO~ ~#' 1"'111111/1111\\\\\\" J\Planning\SHARED\WP\PROJECTS\Shpswool\Pellerito\USAP\DEVELOPMENT ORDER. doc 13 EXlllBIT "C" Conditions of Aoproval Project name Shoppes ofWoolbnght (vendor cart) File number' USAP 97-002 Reference Letter of request for use approval dated June 30. 1997. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments None UTILITIES Comments. None FIRE Comments. I The Fire Department recommends demal of this request as congestion and pedestrian traffic are already a constant hazard In front of the Home Depot V property where the vendor cart IS proposed. 2 If thiS cart IS approved, It shall be distanced a mInimum of 15 feet from any V/ bUIldIng openIng (NFPA 58) due to the LP gas tank. 3 It IS recommended that the cart be posItioned In the parkIng lot. / POLICE Comments. 4 Home Depot IS currently a generator of complaInts to the Police Department regardIng illegally parked vehicles In the front of their store. Vehicles are beIng parked In the posted "FIRE LANE" AND "LOADING ZONES" The front of the store is properly posted and adequately striped to prohibit parkmg, but violatIons are constant. Home Depot currently displays and stores large bundles of fertilizer and mulch In the area proposed for the vendor Loading of these Items, and any other SimIlar Items, would be hampered by the vendor and the access to the customer's vehicle. Home Depot also stores their shoppIng carts and dollIes In thIS area for customers to access prior to enterIng their store. The Police Department feels that the cart would encourage "drive-up" type bUSIness and further violate the fire/loadIng zones with customers pulling up to the cart and buying from the V vendor There would be no way to control thIS problem. With the Shoppes of Woolbnght beIng half completed, the Police Department feels the problems will Intensify and multiply once the project IS completed and the I vendor would not compliment the shoppIng center, but only add congestion I and complIcations. Therefore, de mal IS recommended. (0 Page2 Shoppes of Woolbright - vendor cart File No. USAP 97-002 ENGINEERING DIVISION Comments. 5 The city has never allowed any occupational licenses for portable food / vendors, therefore it is recommended for demal. However, if the request is approved it should be subject to approval by the master association. BUILDING DIVISION Comments. None PARKS AND RECREA nON Comments. None FORESTER/ENVIRONMENT ALIST Comments. None PLA1~JNING AND ZONING Comments. 6 Vendor carts shall not block traffic aIsles, parkmg spaces, fire lanes, loadmg zones and bUildmg, parkmg lot and road entrances, rIghts-of-ways or ~ swales 7 Vendor cart operators shall not park theIr vehicles 10 grassed areas, swales, t/ or nghts-of-ways. A paved parking space shall be provided for the operator's vehIcle 8 Vendor carts shall be located against the front or SIde of a building and shall / provide SIX feet of clearance from the front of the cart to the edge of a Sidewalk havmg a change in grade or a traffic aisle 9 Food must be prepared and handled in accordance WIth Health Department -/ requirements. 10 Refuse contamment must be provided. 7 11 Restrooms must be provIded or leased withm an adjacent bUIlding. \/' 12 Vendor cart must be located on a parcel havmg a buildmg with parking. No V additional parkmg shall be reqUired for the cart if the bUildmg has code reqUired parking. / I Page 3 ShoI- " 01 Woolbright - vendor cart File No USAP 97-002 13 Vendor carts shall be kept clean and no more than 25 percent of Its surface V area shall be used for slgnage or decoratIOns. SIgnage must be attached to the cart. 14 Vendor cart color shall be compatible wIth the adjacent bUIlding color / 15 Vendor carts are lImIted to SIX feet In length, four feet In wIdth, and eIght V feet In heIght, IncludIng umbrellas. / 16 Appurtenances attached to the cart shall be limIted to an umbrella, without V slgnage, used for shade. l7 Umbrella colors shall match the color of the closest building. V 18 Attire worn by vendor cart operators shall not attract more attention than the / cart Itself. Attire worn shall cover a mllllmum of 50 percent of the / operator's body area and shall not be made of a see-through material. V ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 19 Delete comment number 1 V 20 Delete comment number 3 V 2l Delete comment number 4 ~ 22 The legal department shall make a determInatIOn as to whether the / association approval, referenced In comment 5, IS required. 23 Reword comment no 6 to read. Vendor carts shall not be located WIthIn V / traffic aisles, parking spaces, fire lanes, loading zones and building, parkIng lot and road entrances, rights-of-ways or swales. 24 Reword comment no 14 to read. Vendor cart color shall be stainless steel. V 25 Reword comment no 16 to read. Appurtenances attached to the cart shall vi be limited to an umbrella, without slgnage, used for shade. However, the name of the product sold, may be stated on the umbrella. 26 There shall be a lImIt of one vendor cart In the entire Shoppes of W oolbnght / PCD ADDITIONAL CITY COMMISSION CONDITIONS 27 To be determmed. NbAfe TJH.dim J:\SHRDA TA \Planning\SHARED\WP\PROJECTS\SHPSWOOL \Pellerito\cond, of approval.doc\ /~ , MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1997 F Authorize sole source purchase of new computer and software from Data Flow Systems, Inc. for the monitoring of the 148 Lift Stations through Remote Terminal Units in the amount of $10,612 This item is explained in detail on the Agenda Item Request Form G Approve request for refund on Cemetery Lots 71, 72 and 73, Block E, Boynton Beach Memorial Park Muriel E and Robert Holzman submitted this request. H Approve request for refund on Cemetery Lot 162-A, Block S, Boynton Beach Memorial Park, purchased by Mrs. Mary Carotanuto This request was submitted by Elinor J Marz on behalf of her mother, Mary Carotenuto A Statutory Health Care Power of Attorney designating Elinor J Marz as Ms Carotenuto's health care attorney-in-fact was submitted Approve request for refund on Crypt #E-8, Devotion Building, Section D, Boynton Beach Mausoleum, from Mr Herbert E. Fereday Herbert E Fereday submitted this request. J Approve request for an Administrative Appeal for Boynton Commons PCD, located at the southwest corner of Old Boynton Road and Congress Avenue, to significantly modify the previously approved building elevations of the Boynton Commons PCD Shopping Center This Item was postponed until August 19, 1997 at the request of the applicant. K. Approve request for Use Approval for the Shoppes of Woolbright PCD, located at the north side of the intersection of Woolbright Road and S.W 8th Street, to amend the list of Shoppes of Woolbright permitted uses to include vendor carts. This Item IS explained in detail on the Agenda Item Request Form 8 MINUTES PLANNING AND DEVELOPMeNT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Mr Rosenstock advised that If the sIgns are all gOing to be different. he will not vote In favor of them Community Design Plan Appeal 1 Project. Agent. Owner. Location Descnptlon BGI at Quantum Park (Phenix Project) Gonzalo Ravago BGllndustries Inc Northeast corner of Gateway Boulevard and Quantum Boulevard Request to appeal the Community Design Plan regulations to allow overhead doors on the east elevation of the bUilding facing Gateway Boulevard This Item was dIspensed with earlier In the meeting C Use Approval Description Shoppes of Woolbright PCD Robert N Hochberg Home Depot North side of the intersection of Woolbright Road and S W 8th Street Request to amend the list of Shoppes of Woolbright PCD permitted uses to Include vendor carts 1 Project. Agent. Owner' LocatIon Mr Dube dId not think the Planning Department can regulate the attire worn by the vendor cart operators He thInks an ordinance would have to be passed by the City Commission Attorney Pawelczyk advised that the reason for regulating the attire had to do WIth public safety concerns He would have to research this further' however thiS would not preclude the City from enacting an ordinance to make sure the safety of those people visiting the Shoppes of Woolbright are not affected by the attire worn by the cart operators Mr Hochberg and Vito Pellerito were present. Mr Hochberg adVised that the applicant has no objection to comment 18 Ms Frazier InqUired about the number of carts Mr Hochberg adVised that there IS only one cart at each location In response to Chairman Wische he advised the operators 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 will not serve anyone who pulls up In a car No food will be served to a patron other than one standing at the cart. No food or service IS carried to any other place on the property Mr Aguila referred to a conflict about how close the cart IS going to be to the bUilding Mr Hochberg said the distance that was represented in the applicant's letter was the distance from the bUIlding face The Fire Department's comment was not less than 15 feet from a bUilding opening such as a doorway The proposed location which IS Just south of the public telephone that IS mounted on the wall would be at least 15 feet away from either of the two doorways and the distance from the roadway would be approxima!ely 25 feet. maintaining three feet for the operator to stand behind the cart. Mr Hochberg objected to comment 1 based on congestion and pedestrian traffic He was able to from actual knowledge affirmatively represent that there IS no addition or change In traffic other than regular patrons of the store Mr Hochberg objected to comment 3 He thinks this recommendation of the placement of the cart In the parking lot would be dangerous to life health, safety, and none of the carts presently operated by Mr Pellento are positioned in or anywhere near a parking lot Mr Hochberg objected to comment 4 a portion of which was already addressed He said the cart underneath a covered walkway area closest to the face wall of the building Then gOing west from the face wall of the building, there is a covered walkway and an open walkway before you get to the roadway area That is a distance of approximately 25 feet. In fact. from a public safety prospective, those two walkway areas are diVided by concrete columns which IS an additional safety feature for anybody standing at the cart. There Will be no drive-up business permitted Mr Reed circulated a photograph one of these Installations at the Home Depot in Boca Raton He said it does not seem to be a traffic hazard or a safety problem Mr Hochberg objected to comment 5 He submitted a letter, dated July 22, 1997, from Allen Dawson the store manager, stating that there is no requirement of association approval for any retail sales by Home Depot on its property at the Boynton Beach store including the provision of a food cart for incidental sales to Home Depot's customer (The original letter is attached to the original minutes on file in the City Clerk's Office) Mr Rosenstock said this seems to be a semi-permanent installation against the building and he did not see why this does not qualify as part of Home Depot's operation 14 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22,1997 Vice Chairman Golden asked If the cart will be positioned In the same location as shown In the pictures that Mr Reed circulated Mr Hochberg said It will be situated almost exactly as In the photograph except the distance of the Boynton Beach store from the public pay phone to the doorway IS greater Therefore the cart would be further from the openrng of the door He adVised that the Intent IS to position the cart at the greatest distance between the two doors which are separated by the public telephone between the columns It will be located south of the public telephone Mr Pellento IS not permitted to have a roving cart or a push cart Mr Hochberg referred to comment 14 and said If compatible means to match the paint color that will eventually lead to chipping and peeling which would most likely become unsightly without regular repainting The highest standards In the Industry are for stainless steel parts which are the only type Mr Pellerito uses He requested that either stainless steel be found to be compatible or Inappropnate Ms Heyden s concern from the photographs IS that the canopy IS yellow and Home Depot IS orange and tan Mr Rosenstock asked If a plain stainless steel cart can be ordered Mr Hochberg conferred with Mr Pellerito and agreed that the cart can be available without any food I 0 or other slgnage on It at the time it IS purchased With regard to comments 16 and 17 Mr Rosenstock inquired about the canopy with Sabrett s name on It which is yellow Mr Hochberg stated that most customers prefer to know the nature of the food product they purchase It IS almost a consumer expectancy that It will have the name of the food that is being sold on the cart and umbrella However if necessary, he will comply with the Board's wishes Mr Rosenstock had no objection to the name of the food appearing on the umbrella However he felt the color of the umbrella should be consistent with Home Depot so that it does not appear garish in relation to the backdrop of the face of the building Mr Hochberg had no objection to this Ms Heyden advised that comment 3 conflicts with comment 8 She concurred with Mr Hochberg She did not want these carts located in the parking lot. She changed the word block In comment 6 to to 'be located within Mr Hochberg had no objection to this change 15 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Vice Chairman Golden had no problem wIth thiS as long as It IS designed properly and blends In with the Home Depot. However he did not want to see these spnnglng up all over the CIty Ms Heyden advised that right now they are not permitted anywhere else They are only allowed in thiS pca Chairman Dube pOinted out that they are allowed anywhere In the PCD Ms Heyden said that IS correct, provided all the conditions are met She said the Board might want to put a limit on one per parcel There are seven parcels in thiS PCD Vice ChaIrman Golden said perhaps thiS should be looked at from an ordinance standpoint. Motion Mr Rosenstock recommended approval of the Shoppes of Woolbnght PCD located on the north side of the intersection of Woolbnght Road and S W 8tt1 Street, particularly located In front of the Home Depot and no place of to amend the list of permItted uses to Include thiS vendor cart for this location, subject to the staff comments 2, 6 through 12 14 15 and 16 (which has been amended to allow the umbrella or covering be limited to the name of the purveyor of the hot dog, and the color of the umbrella shall match the color of the closest bUilding He clarified that his motion IS specifically designed for thiS one location and no other location Mr Dube seconded the motion Attorney Pawelczyk asked If In his motion Mr Rosenstock was limiting It to only this location In the zoning district. Mr Rosenstock answered affirmatively He did not want to see vendor carts all over the Shoppes of Woolbright. If they want one some place else they are gOIng to have to apply for a variance He stressed that this is the only location In the Shoppes of Woolbright that will be allowed to have a vendor cart, and if they want any additional vendor carts any place within that property they have to amend the use approval Ms Heyden clarified the motion as follows Comment 1 is deleted Comment 2 stays Comments 3 and 4 are deleted 16 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22,1997 Comment 5 - Ms Heyden saId there IS a Code requirement for unified control over a PCD and the signatures of all the property owners within the PCD are required Mr Rosenstock amended his motion to state that approval IS subject to the approval of the other members of the PCD Mr Hochberg felt this comment should be deleted because this IS almost In the nature of a permanent appurtenance He said the store manager Issued the July 22 1997 letter because he found this comment offensive and problematic In that Corporate would find It very difficult to subject themselves to any of the goods that they sell there Ms Heyden clarified that Home Depot IS allowed to sell any product that IS allowed under theIr Occupational license The selling of hot dogs IS not allowed under their Occupational License In order to sell hot dogs they would need to come back to the Board for a master plan modification to add that use to the PCD Mr Rosenstock amended hIS motion to state that this approval IS also subject to clanficatlon by the City Attorney as to whether or not the signatures of all the property owners Within the PCD are needed Mr Dube asked If Home Depot could obtain an Occupational license to sell hot dogs Ms Heyden said they cannot. Mr Dube pointed out that food IS currently being sold on that PCD Ms Heyden explained that that is tied to a particular parcel and to a Court Order Restaurants are only allowed on certain parcels Within the PCD per the Settlement Agreement and the approved master plan Ms Heyden continued her clarification of the motion as follows Comment 5 will be clarified by the City Attorney Comment 6 was reworded to state that vendor carts shall not I::HGGk be located Within traffic aisles Comments 7 through 13 stay Comment 14 was changed to read 'Vendor cart shall be stainless steel" Comment 15 stays 17 MINUTES PLANNING AND DEVELOP _NT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 22, 1997 Comment 16 was revised to Include that signage on the umbrella shall be limited to the name of the hot dog product Comment 17 - The basIc color of the canopy wIll be more compatIble wIth the bUilding backdrop Comment 18 - The members of the Bo~rd felt they do not have jurisdiction over the operator s attire Ms Heyden pomted out that the Board IS not Just approving thIs partIcular cart. This IS to allow this use In this PCD Mr Hochberg agreed to this comment and to leave the challenge to the jurisdiction if any of someone else who m.ght ask for a cart. The Board agreed with Mr Hochberg The motion earned 7-0 Ms Heyden asked If there was a limItation on the number of cans allowed In the PCD Mr Rosenstock saId It is limIted to one cart ff)r thiS !ocatlon o'1ly No other carts are allowed anywhere else D Site Plans New Site Plan 1 Project Agent: Owner' Location Description BGllndustries, Inc. at Quantum Park Gonzalo Ravago BGI Industries, Inc. Northeast corner of Gateway Boulevard and Quantum Boulevard (Lots 34A, 34B 35 36 37, and 38 In Quantum Park) Request for site plan approval to construct a 160,033 square foot cosmetic and perfume manufacturing facility containing corporate offices on 18 345 acres of land In Quantum Corporate Park. This Item was dispensed with earlier in the meeting 2 Project. Auto Care Centers of America, Inc. (Heise PCD) Anna S Cottrell Westlake Hardware, Inc. Approximately 160 feet south of the southeast Agent Owner' Location 18