LEGAL APPROVAL
LEGALI APPROVAL DOCUMENTS
DEVELOPMENT ORDER
,-" rv OF BOYNTON BEACH, FLORt..,A
PROJECT NAME. Shoppes of Woolbright PCD
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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
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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\
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,
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