AGENDA DOCUMENTS
AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Commission Meetinl! Dates in to City Manager's Office Meetin!! Dates in to City Mana!!er's Office
0 May 6, 1997 April 25, 1997 (noon) 0 July 1 1997 June 20, 1997 (noon)
0 May 20, 1997 May 9 1997 (noon) 0 July 15 1997 July 3, 1997 (Thursday noon)
0 June 3,1997 May 23, 1997 (noon) 0 August 5 1997 July 25 1997 (noon)
0 June 17 1997 June 6, 1997 (noon) 0 August 19 1997 August 8, 1997 (noon)
RECOMMENDATION Please place the request below on the agenda for the August 5, 1997 City Commission meeting
under Consent. The Planning and Development Board, with a 7 - 0 vote, recommended approval subject to the staff
comments in Exhibit "C" - Conditions of Approval (see attached), with the exception of comments 1,3 and 4 With respect
to comment 5, the Board requested a legal determination as to whether association approval is required, that determination
was not received prior to this deadline for writing this memorandum. The Board also recommends revisions to comment
numbers 6 (where vendor carts shall not be located), 14 (material used in fabrication of the cart), and 16 (signage on the
umbrella). Lastly the Board recommends an additional condition that there shall be a limit of one vendor cart in this entire
PCD For further details pertaining to this request, see attached Planning and Zoning Memorandum No 97-378
EXPLANATION
PROJECT
AGENT
OWNER.
LOCATION
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 Shop pes of Woolbright PCD permitted uses to include vendor carts.
PROGRAM IMP ACT
N/A
FISCAL IMP ACT
N/A
AL TERNA TNES.
N/A
City Manager's Signature
Department Head's Signature
Development Services
Department Name
C /.~~~
~t~1A- "/
Planning and Z mgDirec r
\\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\SHPSWOOL\Pellerito\Agenda Item Request 8-5,doc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO 97-378
TO
Chairman and Members
Planning and Development Board
THRU
Tambri J Heyden, AICP
Planning & Zoning Director
FROM
Jerzy Lewicki --\ \ -'
Acting Senior Planner -J V--
DATE
July 18, 1997
SUBJECT
Shoppes of Woolbright PCD - File No USAP 97-002
Use Approval (vendor cart)
NATURE OF REQUEST
Robert Hochberg, agent for Vito Pellerito, is requesting use approval to allow a vending cart to
be located within the Shoppes of Woolbright PCD, located north of the intersection of
Woolbright Road and S W 8th street (see attached location map - Exhibit "A") Vending carts,
however, are not specifically permitted in the PCD district, unless approved by the Board and
Commission
BACKGROUND
Uses permitted in a PCD are, in general, those allowed in the Community Commercial (C-3)
zoning district, as stated in Chapter 2 - Zoning, Section 6(F)5 of the Boynton Beach Land
Development. Vending carts are not listed as a permitted use or a prohibited use in any
zoning district in the city The code allows, however, that other commercial uses may be
included in the list of uses allowed in a certain PCD, if they receive approval by the Planning
and Development Board (and Commission) The city's land development regulations do not
provide any standards for evaluating the impact and appropriateness of a use within the PCD
district.
The proposed use and operation is described in Exhibit "B" - Letter of Request. Although the
applicant has a certain location in mind for his hot dog cart (in front of Home Depot), use
approvals are not site specific, only exclusive to a particular PCD Therefore, if approved, the
use could be permitted anywhere in the Shoppes of Woolbright PCD, subject to conditions of
approval, if any
The following is a description of the zoning districts and land uses of the properties that
surround the subject request (see Exhibit "A" - Location Map)
/
Page 2
Use Approval Staff Report
Memorandum No 97-378
Self-contained food cart at Home Depot - USAP 97-002
North
Woolbright Place PUD
East
Undeveloped land, zoned Light Industrial (M-1)
South
Woolbright Road right-of-way and farther south is undeveloped
land, zoned C-3
West
L.W DO C-4 canal right-of-way, and farther west is Palm Beach
Leasureville, zoned R1AA.
ANAL YSIS
The proposed use was presented and discussed at the June 24, 1997 Technical Review
Committee meeting Although standards for evaluating proposed uses in a PCD are not set
forth in the code, the following issues were identified with the proposed use
1 Safety
a) power - The vendor cart is equipped with a steel cylinder containing
combustible material (gas) as an energy source The cart is self-contained and
requires no cord connections to a building that might pose a pedestrian tripping
hazard
b) impact on vehicular and pedestrian circulation system - The Fire Department
has the ever present problem of fire lanes, building entrances, loading zones,
and sidewalks being blocked by vehicles and materials stored and displayed
There is also concern that vendor patrons might not park their vehicle in a
parking space, but rather next to the cart, thereby blocking accessways and
parking spaces There must be adequate clearance between a vendor cart and
the edge of a sidewalk, as well, so that customers do not have to step down
into the traffic lane to pass by the cart to enter or exit a building or to wait in
line
2 Sanitation
a) food - Food served must be prepared and handled according to Health
Department requirements, if any
b) garbage - Refuse containment must be provided
c) rest rooms - Rest rooms for vendor cart operators and patrons must be provided
or leased through joint use arrangements with surrounding building
d
Page 3
Use Approval Staff Report
Memorandum No 97-378
Self-contained food cart at Home Depot - USAP 97-002
3 Parking
a) adequate parking - The location must be safely accessible to the motorist in the
event the use is patronized by other than customers captured from surrounding
businesses (adequate pull off area from the road that doesn't destroy grassed
areas or swales or a formal parking area)
4 Aesthetics
a) compatibility of cart with surroundings - Carts should be limited in size and
should be kept clean, with no more than 25% of its surface area used for
signage (no off cart signage permitted) The color of the cart should be
compatible with surrounding buildings Cart appurtenances should be limited to
an umbrella for sun protection only Umbrella should match surrounding building
colors
b) compatibility of attire worn by vendor cart operators with surroundings - Attire
should not attract more attention than the cart itself Attire worn should cover a
minimum of 50% of the body area and shall not be made of a see-through
material
RECOMMENDA TION
Based on the above analysis of the proposed use, if the use can address and comply with the
above issues then it is recommended for approval, subject to staff comments contained within
Exhibit "E" - Conditions of Approval
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\SHPSWOOL \Pellerito \staff report food cart. doc
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EXHIBIT "A"
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L0CATION MAP
H0ME DEPOT AT
SHOPPES OF WOOLBRIGHT P.C.D.
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EXHIBIT "B"
------- - ~ - ------
CENTER FOR CORPORATE LEADERSHIP, INC.
June 13, 1997
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Att Tambn Heyden, Planrung DIrector
Re: Vito Pellento Approval for F ood Vending Cart at Home Depot
Dear Ms. Heyden.
In accordance WIth your request, thIs letter 1S an applicatlOn for Mr Vito Pellento to
receive approval to operate a smgle food vending cart at the Home Depot Store near
W oolbnght Road (Oppos1te Cracker Barrel)
NIr Pellento owns and operates a busmess proYlding food vending carts m front of Home
Depot stores m Palm Beach County and Broward County He has the exclus1ve
penrusslOn of Home Depot to do thIs. He 1S a sole propnetor He only penruts family
relatives to operate the carts.
He has wntten penrusslOn of Home Depot to locate a cart at the1r store m your C1ty
They consent to thIs apphcatlOn and the1r letter of consent 1S attached. They have
detenruned that trus IS an ameruty wruch would proYlde a des1rable benefit to their
customers
NIr Pellento has been operatmg these carts for 4-5 years smce the first one was placed at
the west Boca Raton store (Glades Rd. at S.R. 7). The other carts are located at the
stores m the c1t1es of Mar gate, Deerfield Beach and DaYle.
l\tIr Pellento proposes to locate and operate the cart m the followmg manner'
1
2
3
4
5
~~
Approval of only smgle cart 1S requested,
It would only be present dunng Home Depot's busmess hours. Typ1cally though,
hIs carts are at the stores from 10 a.m. to 5 p.m.
The cart 1S self-contamed. It needs no electnc or other connect1on. Its placement
requ1res no work to be performed.
The cart 1S removed from the prerruses daily, at the close of bus mess.
The cart would be located at e1ther
a) adjacent to the left (north) s1de of the entrance doors; or
b) adjacent the nght (south) s1de of !he e2Gt doors ~ h:,r:.
-:) ,.G~ -To::. ~ ,.\ a'.."t" !..'>-.4+\.hd...... ~ ~ ~ ~ ~"'i ')...>
- ISO South Andrews Avenue. Suite 200 . Pompano Beach. Flonda 33069
Telephone (305) 784-8000 . Fax (305) 781-4529
FLORIDA WASIllNGTON, D.C. NEW YORK
'7
(
CENTER FOR CORPORATE LEADERSmP, INC.
Page Two
June 13, 1997
6 Per the enclosed sketch, It would be located under the covered canopy area of the
building. The sidewalk area of the store is about 25 feet deep The cart would be
located as close to the front wall of the building as practical, which means it would
be placed about 3 feet from the front of the building.
7 Mr Pellento always proVIdes a trash receptacle alongside the cart which he sets up
when he "opens" for business, and -removes when he "closes" He keeps the area
free of debns and trash dunng lus operations.
8 Food IS sold only at the cart. There IS no sale to any customer on any other part of
the Home Depot property (parkmg areas, etc.) The customer must be standmg at
the cart to purchase and be handed the food. None IS carned to them.
9 Nearly all ofMr Pellento's customers are customers of Home Depot. Nearly all
have gone there to shop at Home Depot and choose to make a food purchase at
the cart as a spur of the moment deciSIOn.
lOAn occupatIOnal license will also be obtamed after approval IS granted.
If you have any questions, please do not hesitate to call me at (561) 732-5959 m Boynton
Beach. My address IS 2101 Corporate Dnve, Boynton Beach, FL 33426
Thank you for your consideratIOn of thIs request.
Respectfully yours,
Robert N Hochberg
PreSident
'2~~
I consent to have Mr Hochberg represent me on thIs application.
~ r--")
,J- (,,'1 ___
~ _~ i V' ~ U X P ...-1A.-, !-....
Vito Pellento
tf~ r~". q I
Date
150 South Andrews Avenue. Suire 200 . Pompano Beach. Florida 33069
Telephone (305) 784-8000 . Fax (305) 781-4529
FLORIDA WASmNG~N, D.C. NEW Y~R~____ _
EXHIBIT "C"
9 ___
EXIDBIT "C"
Conditions of Approval
Project name. Shoppes ofWoolbnght (vendor cart)
File number. USAP 97-002
Reference: Letter of request for use aooroval dated June 30. 1997.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. None
UTILITIES
Comments. None
FIRE
Comments:
I The Fire Department recommends dental of thiS request as congestion and
pedestnan traffic are already a constant hazard m front of the Home Depot
property where the vendor cart is proposed.
2. If thiS cart is approved, it shall be distanced a mmimum of 15 feet from any
building openmg (NFPA 58) due to the LP gas tanle.
3 It is recommended that the cart be positiOned m the parking lot.
POLICE
Comments:
4 Home Depot is currently a generator of complamts to the Pohce Department
regardmg 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 fertlhzer and mulch in the area proposed for the
vendor Loadmg 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 shoppmg carts and dolhes m thiS area for customers
to access pnor to entermg their store. The Pollee Department feels that the
cart would encourage "drive-up" type business and further ViOlate the
fire/loading zones with customers pulhng up to the cart and buymg from the
vendor There would be no way to control thIS problem. With the Shoppes
of Woolbnght bemg half completed, the Police Department feels the
problems will mtensify and multiply once the project is completed and the
vendor would not compliment the shopping center, but only add congestiOn II
and complicatiOns. Therefore, denial is recommended.
(0
Page 2
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 de mal. However, if the request is
approved It should be subject to approval by the master assocIatIOn.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments. None
FORESTERlENVIRONMENT ALIST
Comments None
PLANNING AND ZONING
Comments.
6 Vendor carts shall not block traffic aisles, parkmg spaces, fire lanes, loading
zones and bUlldmg, parkmg lot and road entrances, rIghts-of-ways or
swales.
7 Vendor cart operators shall not park their vehicles in grassed areas, swales,
or rIghts-of-ways. A paved parking space shall be provided for the
operator's vehicle.
S 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 m grade or a traffic aIsle
9 Food must be prepared and handled in accordance with Health Department
requirements.
10 Refuse contamment must be proVided.
11 Restrooms must be provIded or leased within an adjacent bUlldmg.
12. Vendor cart must be located on a parcel havmg a bUilding WIth parkmg. No
additIOnal parkmg shall be required for the cart If the building has code
required parking.
/1
Page 3
Shoppes of Woolbright - vendor cart
File No USAP 97-002
13 Vendor carts shall be kept clean and no more than 25 percent of Its surface
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 bUlldmg color
15 Vendor carts are lImIted to SIX feet 10 length, four feet 10 Width, and eIght
feet in heIght, mcludmg umbrellas.
16 Appurtenances attached to the cart shall be limited to an umbrella, without
slgnage, used for shade.
17 Umbrella colors shall match the color ofthe closest building.
18 AttIre worn by vendor cart operators shall not attract more attentIOn than the
cart Itself. Attire worn shall cover a minimum of 50 percent of the
operator's body area and shall not be made of a see-through matenal.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
19 Delete comment number 1
20 Delete comment number 3
21 Delete comment number 4
22. The legal department shall make a determmation as to whether the
associatIOn approval, referenced 10 comment 5, is reqUIred.
23 Reword comment no 6 to read. Vendor carts shall not be located within
traffic aisles, parking spaces, fire lanes, loading zones and building, parkmg
lot and road entrances, rights-of-ways or swales.
24 Reword comment no 14 to read. Vendor cart color shall be stainless steel.
25 Reword comment no 16 to read. Appurtenances attached to the cart shall
be lImIted to an umbrella, without signage, 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 10 the entIre Shoppes of W oolbnght
PCD
ADDITIONAL CITY COMMISSION CONDITIONS
27 To be determined.
Till. dim
J:ISHRDA TAIPlanning\SHARED\WP\PROJECTS\SHPSWOOL \Pellerito\cond, of approval.docl
/~
DEVELOPMENT ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME. Shoppes of Woolbright PCD
APPLICANT Vito Pellerito
APPLICANT'S AGENT Robert N Hochberg
AGENT'S ADDRESS 150 S Andrews Ave, Suite 200, Pompano Beach, FL 33069
DATE OF HEARING BEFORE CITY COMMISSION
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 "An 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
_ 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.
City Clerk
J\Planning\SHARED\WP\PROJECTS\Shpswool\Pellerito\USAP\DEVELOPMENT ORDER.doc
13