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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 A' "'\ '-.-I EXHIBIT "A" if L0CATION MAP H0ME DEPOT AT SHOPPES OF WOOLBRIGHT P.C.D. 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J: ~ ~~~~ ~\\ " ,- J ~ ".l Z..... o' '-If " .. ': I :.. r"^-r S{ ~~ i! ~ 'L:J. ~ ~.9"-8 ! I 'Trt t , I llrrN .'1..::. (..:'lr~~ H, U ... l 1// 'I d: I f-It: f : I ': ';Y'i"v"J?, Y\rr-~' " , ( /; I' fbi ~~, :-: lilT :-:w*'EL5t '~ __~~~ '~~~r~~~ L~~I'~=:.,,__ li ~ ~ ~ ..-1. (1'~tttlt:tJ ); ~ RI : ~ 0 1/8 MILESll"'- ~Irtlq!:, II ) "[1 E8 L r Ht'r = I Y~" J R %' H' 'r--,t,., ,fJ-l11llo 8~!1~~fN~~~o~,~IJ ~/I ~~iR-~:0 I~~~/ ! 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