LEGAL APPROVAL
.
I.,EGAI.,/ APPRO" AI., DOCI.IMENTS
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--------------.-
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
July 13, 1998
Bradley D Miller, AICP
Miller Land Planning Consultants, Inc.
298 Pineapple Grove Way
Delray Beach, FL 33444
Re Shoppes of Woolbright - Favorite Food Court
File Number' CO US 98-001 - Conditional Use
Location East Side of S W 8th Street, North of Woolbright Road
Dear Mr Miller'
Enclosed is the City of Boynton Beach development order regarding the City
Commission's July 7, 1998 approval of your conditional use request, regarding the
above property
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260
Sincerely,
7V~~
Michael W Rumpf
Acting Planning and Zoning Director
MWR.mae
Enclosure
xc: Central File
(S:\Shrdata\Planning\Shared\Wp\Projects\Shpswool\Food Court\Cous\Dev Order letter.doc)
Amm~~~rew~Wffle~~"Um
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
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PROJECT NAME, Favorite Food Court I I ~ I'll
APPLICANTS AGENT Bradley Miller, AICP I ~ I .AI. I 3 /998 ,'l!!.J
APPLICANT'S ADDRESS 298 Pineapple Grove Way, Delray Beach, FL 33144 PLA"N!"G A.ND i
ZONiNG DEPT.
ett
DEVELOPME'-'T ~RDER OF THE CITY COMMISSLO~ OF THE
Cl ..JF BOYNTON BEACH, FLORID.
DATE OF CITY COMMISSION PUBLIC HEARING July 7, 1998
TYPE OF RELIEF SOUGHT Conditional Use
LOCATION OF PROPERTY East side of S W 8th Street, north of Woolbright Road
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows
OR
X 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
lHAS
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 "C" with notation "Included"
4 The Applicant's application for relief is hereby
l 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
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J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev Orders\DEVELOPMENT ORDER REV. doc
EXHIBIT "C"
CondItIOnS of Approval
Project name: Favonte Food Court
File number' COUS 98-001
Reference: The plans consist of7 sheets identified as 1st Review. Conditional Use. File # COUS 98-001 with
a Mav 11. 1998 Planning and ZOning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments None X
UTILITIES
Comments
1 All utilities easements shall be shown on the rectified landscaping X
drawings so that we may determine which trees may interfere With
utilities. In general, palm trees Will be the only tree species allowed
with10 utilIties easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilIties with10
the easement 10 the foreseeable future. LDR Sec. 7.5-18 1 gives public
utilities the authority to remove any trees that 10terfere with utility
services, either 10 utility easements or public rights-of-way
2. Sec. 26-34(E) of the city code requires that a capacity reservation fee be X
paid for this project within 30 days of site plan approval. Based upon a
I-inch meter, the capacity reservation fee IS $194 04
3 Comp Plan policy 3C.3 4 requires the conservation of potable water City X
water may, therefore, not be used for irrigation where other sources are
readlly available
4 Provide an engineer's wntten certificatIOn that drainage will conform to X
all rules of the City and the South Flonda Water Management District.
(LDR Chap. 4, Sec. 7F)
5 Note that setting of a permanent water meter IS a prerequisite to X
obtaining the certificate of occupancy
FIRE
Comments. None X
-
POLICE
Comments. None X
ENGINEERING DIVISION
Comments.
6 All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
Page 2
Favorite Food Court
File No COUS 98-001
DEPARTMENTS INCLUDE REJECT
hmited to, the followmg: site lightmg, paving, drainage, curbmg,
landscaping and lITIgation. PermIts reqUIred from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, L WDD, DEP and any
others, shall be mcluded WIth your permIt request.
7 Provide engineer's certification letter statmg that drainage will conform X
with all rules, regulations, codes, etc, of the City of Boynton Beach.
[LDR Chapter 4, Section 7.F.2.]
8 Show on site plan all traffic control markings at all required locations X
(Stop signs, Do Not Enter signs, One Way, etc.) [LDR Chapter 4, Section
7.B.2 ]
9 Show locations of typical sections "A-A" & "B-B" on drainage plan. X
Also, revise driving lane width from 25 feet to 27 feet on section "A-A"
10 FIX bar scale on SIte plan. X
.
BUILDING DIVISION
Comments.
11 Below the detaIl drawing of the monument sign found on sheet 1 of 1 X
place a note indIcating that the permit drawings for the monument sign
shall comply With the specificatIOns of the Shoppes of Woolbnght PCD
SIgn program and the applicable regulations of the City'S sign code. On
the architectural drawing that illustrates the monument SIgn and shows
the proposed locatIOn of the wall slgnage place a note indicating that the
permit drawings for the monument sign and wall signage shall comply
with the specifications of the Shoppes of Woolbright PCD sign program
and the applicable regulations of the city's Sign code. [Land
Development RegulatIons, Chapter 21 - Sign Code, ArtIcle IV, Section
7] -
12. Add to the site plan the distance that the proposed monument sign is X
located from the adjacent property lmes. Note: The mmimum code
setback for a freestanding sign is ten (l0) feet. [Land Development
Regulations, Chapter 21 - Sign Code, Article III, Section 5]
13 Add to the floor plan drawing the labeled symbol that represents the X
location and continuation of the accessible route that IS required from the
accessible parking spaces and the abutting right-of-way to the accessible
entrance of the building. All aspects of the accessible route shall comply
with the regulatIons specified in the Florida Accessibility Code for
Building Construction.
14 At time of permit review submit a copy of the South Flonda Water X
Page 3
Favonte Food Court
File No COUS 98-001
DEP ARTMENTS INCLUDE REJECT
Management Dlstnct permit that venfies the proposed fimsh floor
elevatIOns meet the minimum standards.
15 Prior to a permit bemg Issued for the proposed improvements a umty of X
title form shall be completed, executed, recorded in Palm Beach County
and a copy submitted to the City for the permit file. The form shall show
Lot 2 unified With the portion of Tract D that IS shown and Identified on
the submitted survey Note: To facilitate approval of the unity of title it
is recommended that the applicant use the city approved unity of title
form that is available from the Permit Application Group located m the
BUilding DiVision front office.
PARKS AND RECREA nON
Comments. None X
FORESTER/ENVIRONMENTALIST
Comments. None X
PLANNING AND ZONING
Comments.
16 Sign and seal all plans. X
17 Provide the following information in the site plan tabular data. X
- vehicular use landscape space
- proposed % building coverage
18 The monument Sign detail should show the overall height, maximum X
sign face square footage. Ch.21 Art.II Sec.2 Par.B These dimensions
shall reflect the approved signage plan for the Shoppes of Woolbright, or
a separate plan will need to be submitted amending that approved
slgnage plan.
19 PrOVide in the dumpster detail, a description of the gate matenals and a X
label listing the proposed paint colors and manufacturers.
-
20 Provide a lightmg plan which also demonstrates the type, source, and X
style to be used. Ch.9 Sec.l0 Par.F & Ch.23 Art.II ParA.
21 Provide a note on the landscape plans referencing the method of X
Irrigation, including its source. ChA Sec.7 Par C
22. On the landscape plan, the tree symbol at the proposed location of tree X
"I" is missmg it's letter designation.
Page 4
Favonte Food Court
File No CODS 98-001
DEPARTMENTS INCLUDE REJECT
23 Add the following note to the plant10g notes ofthe landscape plans. X
- Hedges adjacent to right-of-ways shall be maintained at 3' OA. HT
- Hedges adjacent to 1Otenor lot lines shall be ma1Ota1Oed at 4' OA. HT
Ch. 7.5 Art.II Sec.5 Par.D & E.
24 Label on the landscape plans the 40' maximum dimensIOn between the X
trees with10 the 10' right-of-way landscape StrIp.
25 On the architectural plans provide the proposed color of item #7 10 the X
materials schedule.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
26 The Favonte Food Court project IS only to include restaurant uses. X
ADDITIONAL CITY COMMISSION CONDITIONS
27 Subject to all conditions except comment #26 X
!bme
J:ISHRDATAIPLANNING\SHARED\WPIPROJECTS\SHPSWOOL\FOOD COURl\COUSICOND OF APPR.DOCI
MEETING MINUTES
REGULAR CITY COMMIS~_ ..j. '"
BOYNTON BEACH, FLORIDA
JULY 7,1998
Motion
Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items
C 1, C.2, C 4, D 3, "F" and "H" Vice Mayor Jaskiewicz seconded the motion that carried
unanimously
CONSENT AGENDA ITEMS FOR DISCUSSION.
C 1 Proposed Resolution No. R98-112 Re. To authorize and direct staff
to apply for Phase 5, Palm Beach County Roadway Beautification SO/50
matching grant for 8 roadway medians on South Congress Avenue
between Golf Road and Ocean Drive.
C.2. Proposed Resolution No. R98-113 Re: Approving a Financial
Assistance Agreement for Landscaping along Congress Avenue from SW
30th Avenue north to Golf Road (SW 23rd Avenue)
Vice Mayor Jaskiewicz is pleased that these Resolutions will cover the beautification of the
medians from Golf Road to Ocean Drive and from SW 30th Avenue to Golf Road. She is
hopeful that all medians on Congress Avenue will have improved medians shortly
Commissioner Titcomb advised that City groundskeeping staff would be removing the weeds
while we wait for this beautification.
Motion
{:.
Vice Mayor Jaskiewicz moved to approve Consent Agenda Items C.1 and C.2. Mayor Pro Tem
Tillman seconded the motion that carried unanimously
C.4 Proposed Resolution No. R98-115 Re: Safety in Schools
Mayor Pro Tem Tillman explained that the City of Boynton Beach is taking a proactive approach
to the issue of eliminating weapons in schools by passing this Resolution. This Resolution is
being moved forward to legislators on national, state, county and local levels to encourage the
passage of legislation in this regard. Mayor Pro Tem Tillman read the Resolution. (A copy of
the Resolution is attached to the original set of minutes on file in the City Clerk's Office.)
Senator Klein appreciated the fact that the City of Boynton Beach is bringing this issue to the
public's attention. He advised that an existing Florida State Statute that makes it unlawful to
take firearms onto campuses. He requested that Mayor Pro Tem Tillman follow up with his
office with respect to specific design criteria for schools. He will take that information to
Tallahassee.
Motion
Vice Mayor Jaskiewicz moved to approve. Mayor Pro Tem Tillman seconded the motion that
carried unanimously
9
MEETING MINUTES
REGULAR CITY COMM~~:>>!ON
BOYNTON BEACH, FLORIDA
JULY 7,1998
In response to Mayor Taylor's question about the conditions of approval, Mr Marsicano stated
he had not seen the draft Resolution.
Mike Rumpf, Acting Planning & Zoning Director, advised that the condition of approval remains
the same as in the original packet received by Mr Marsicano. Mr Marsicano advised that he
had no problem with the condition of approval.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS APPLICATION
Motion
Commissioner Titcomb moved to approve Agenda Item VILA. Boynton Beach Mall extension
Commissioner Denahan seconded the motion.
In response to Vice Mayor Jaskiewicz, Mr Marsicano said the plans are being reviewed by staff
and construction should begin before the end of the year Construction should take
apprOXimately one year to complete.
The motion carried unanimously
B.
Project:
Agent:
Location:
Description.
Favorite Food Court
Bradley D Miller, AICP
Miller Land Planning Consultants. Inc.
€astside of SW 8th Street, north of Woolbright Road
Request for conditional use approval to construct a 4,000 square
foot restaurant with a drive-through within the Shoppes of
Woolbright PCD
and
IV D 3 Shoppes of Woolbright pce - Favorite Food Court (Bradley D Miller,
AICP) Request for modification to master plan for the Shoppes of
Woolbright PCD through adjustment of square feet from planned retail
use to the remaining restaurant outparcel in connection with processing of
the Favorite Food Court use application to construct a 4,000 square foot
(restaurant) with a drive-through
Attorney Cherof advised that both items could be considered together However, separate
motions are required.
Bradlev Miller. Miller land Planning Consultant. represented the petitioner This parcel is
part of the Shop pes of Woolbright PCD on the eastside of SW 8th Street, north of Discount Auto.
This parcel went through the site plan review process approximately one year ago and was
approved for a 3,710 square foot food court facility The request for conditional use approval
came about because of.
. The Design Expo project north of Home Depot was approved. As part of that
approval, the Home Depot entrance was relocated and that resulted in the
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JULY 7,1998
-
addition of 28' to this parcel It also allowed the developer to provide an
improved design of this proposed facility by allowing for complete circulation
aroL!n.d the building and a drive-through window That circulation pattern did not
exist on the previous plan
.
This application also adds 290 square feet to the building size.
The building has been designed for four restaurant users. The parking that has been provided
is based on all restaurant uses A worst-case scenario was used in the design and planning of
the parcel.
At the Planning & Development Board meeting, there was discussion about how the building
should be used The board members placed a condition of approval on the project restricting
the building to all restaurant uses. Mr Miller requested that the Commission eliminate that
condition to allow them to have C-3 uses that are permitted by the supplement agreement for
this property It is very likely the entire building will be used for restaurants. However, the
allowance of C-3 uses is better from a marketing and leasing standpoint.
If retail were included in this building, parking would not be impacted because retail has a lower
parking ratio and traffic generation rate. The building setbacks and buffers will not change. If
part of the building is leased to retail, there will be excess parking available.
Mike Rumpf had no comments to offer
At Commissioner Titcomb's fequest, Mr Miller displayed elevations that depicted the use of
taupe and beige colors with red accents that comply with some of the other uses in the overall
project. The use will change from a shared common area to four bays. The design of the
building is for up to four bays with public access from the eastside of the building. The building
will look like it has two frontages. There will be four doorways.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Mayor Taylor reminded the Commissioners that this building was first proposed as a food court.
The Commissioners questioned the need for so many restaurants in one location. The
applicant has now requested the right to add retail in place of some restaurant space In
addition, after review, the City Attorney confirmed that nothing in this application violates the
development agreement.
Vice Mayor Jaskiewicz questioned whether there would be an open concept inside the building.
Mr Miller explained that it is designed so that it can be four separate bays. The drive-through
would be for the northern-most tenant (possibly Dunkin' Donuts). There has been discussion
with a hair salon representative for possible use of retail space. Mr Miller explained that each of
the stores would be 20' wide There will be seating in each of the bays.
Vice Mayor Jaskiewicz feels this is an overuse of a small parcel of land. The drive-through at
Burger King is dangerous and this will create the same kind of problem. In addition, she cannot
imagine a hair salon in a building that is serving food
17
MEETING MINUTES
REGULAR CITY COMMJcC;YON
BOYNTON BEACH, FLC .~
JULY 7, 1998
In response to Mayor Taylor, Mr Miller explained that it would be possible tor one tenant to take
two bays Once the-project is approved, the tenants' needs could be addressed. In addition, as
leases expire, the use may change.
When Vice Mayor Jaskiewicz stated that she would like to see how the project is marketed
before she votes on it, Attorney Cherot reminded the Commissioners that these are not bay-
specific applications. The Commission is considering the conditional use for one bay and the
master plan modification
Motion
Commissioner Titcomb moved approval of the master plan modification. Mayor Pro Tem
Tillman seconded the motion that carried 4-1 (Vice Mayor Jaskiewicz dissented.)
Motion
Commissioner Denahan moved to approve the conditional use. Commissioner Titcomb
seconded the motion
Attorney Cherot reminded the Commissioners of the conditions attached in Exhibit MC.
Condition #26 is the one that was added on by the Planning & Development Board restricting
the project to only restaurant uses.
Commissioner Denahan arn.ended her motion to delete Comment #26. Commissioner Titcomb
seconded the amended motion that carried 4-1 (Vice Mayor Jaskiewicz dissented.)
VIII. BIDS.
A. Motion to deny the bid protest of Communications International, Inc.
At the petitioner's request, this item was postponed until the City Commission meeting to be
held on July 21, 1998
IX. DEVELOPMENT PLANS.
None
X. NEW BUSINESS.
A. Request to the County for South Seacrest Swale Work for Drainage
Commissioner Titcomb requested the Commission to direct staff to contact the County to
address issues of drainage, swale work and beautification of the swale areas from Ascension
Lutheran Church to the Delray Beach line on Seacrest Boulevard.
Vice Mayor Jaskiewicz would like to extend this request to Boynton Beach Boulevard since
curbing only exists at either end trom Woolbright Road to Boynton Beach Boulevard for two
18
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
Code Review
3. PROJECT
AGENT
DESCRIPTION
Day Care Uses Accessory to Churches
Bishop Sylvester Banks
Bible Church of God
Request to amend the land Development
Regulations, Chapter 2, Zoning, to allow day are
as an ancillary function to a church located in R-1-
AA zoning districts.
Chairrnan Wische stated that the Applicant has requested postponernent to the July 14.
1998 rneeting in order that the Applicant can rneet with Palrn Beach County. which is
the authority that will decide the size of day care facilities prior to review by the Planning
and Developrnent Board
Mr Rurnpf requested that the Board allow the extra tirne to review the petition,
inasrnuch as it is actually a text change on land uses
Motion
Mr Dube rnoved that Itern 7.A.3 (Day Care Uses Accessory to Churches) be postponed
until the July 14, 1998 rneeting Motion seconded by the Mr Myott. Motion carried 7-0
Conditional Use
4. PROJECT,
AGENT
DESCRIPTION
Favorite Food Court
Bradley 0 Miller, AICP
Miller Land Planning Consultants, Inc.
East side of S.W 8th Street north of Woolbright
Road
Request for conditional use approval to construct
a 4,000 square foot restaurant with a drive thru
within the Shoppes of Woolbright PCD
lOCATION
Bradley Miller of Miller land Planning Consultants, Inc. took the podiurn and stated he
represents the petitioner, Favorite Food Court, Inc. Mr Miller said that staffs conditions
have been reviewed and Petitioner agrees with all staff conditions.
Chairman Wische asked if staff had any further cornrnents. Mr Rurnpf stated there
were none
8
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
Chairman Wische said this was a public hearing and asked if anyone in the audience
had any comments There being none, Chairman Wische closed the public hearing
Chairman Wische inquired if the Board had any questions.
Mr Dube stated that since the building will contain four restaurants, he questioned the
size of the 10' Dumpster being sufficient for four restaurants and that there was no room
for a second enclosure for recycables Mr Dube further stated that if the Dumpster
remained in the designated place, there would be no room for the second Dumpster
Mr Miller agreed that two Dumpsters would not fit in the allotted space and Dumpsters
were discussed when the matter was before the technical review committee. Mr Miller
stated that the size of the Dumpster was agreeable to the Public Works Departrnent.
Mr Miller suggested that the sidewalk could be moved to the north side and the
Dumpster for recycables could be placed in this area.
Mr Dube further stated the Dumpsters are being located in a wide-open space between
the restaurants and Home Depot and the Dumpster enclosure can be viewed by
everyone using the parking areas.
Mr Miller said the reason the Dumpster is being placed at this location is that it is a
mirror image of where the Discount Auto Dumpster is located Mr Miller also suggested
that the frequency of the pickups could be increased
Mr Rosenstock raised concerns that the landscaping, the colors and the overall look of
the building are not specifically stated Further, Mr Rosenstock stated that the Discount
Auto Store is a disaster that was permitted into this area. The building was painted gray
with signs in the window (Ms. Frazier stated that the signs have since been taken out of
the windows) and he does not want to see a repeat of this type of building Mr
Rosenstock said he could not support this petition until he knows the exact details of the
project, which should be a responsibility of the Planning and Enginee;ng Departments
to require specific information as to what is actually going into the project. Mr
Rosenstock stated (for the record) that petitioners are "getting away with murder" and
he cannot support this petition
Mr Miller stated that the whole application package requires not only the site plan and
engineering requirements, but also requires the elevation, the full landscape plans with
all the specifications of the size, type and height of the trees. With regard to the
architectural requirements, there is a complete table on the architectural plan that sets
9
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
out the finishes, colors and materials of the building, which is also a requirement of the
application
Mr Rosenstock stated he was not satisfied with the Petitioner's plans and requested
that more landscaping be added to the property Mr Rosenstock stated that he does
not want to see another block type building put on a piece of property that would
resemble a building built 50 years in a strip mall
Mr Myott confirmed his agreement with Mr Rosenstock as to how the Discount Auto
property turned out and also feels that the proposal for the Auto Zone has the same
potential of another "Discount Auto" Mr Myott stated there also is no foundation
landscaping for Auto Zone
However, Mr Myott stated that the Food Court proposal is much more refined and does
have foundation landscaping which is possible at this location Mr Myott also felt it
would not be fair to unfairly judge this petition because of Discount Auto
Mr Miller stated that they have paid particular attention to the architectural features of
the building in order to make it attractive Mr Miller said that this site was approved
over a year ago for a similar building and petitioner is presenting the application this
evening because additional property has been added to the parcel that is an
improvement to the site.
Mr Rosenstock inquired how the Dumpsters could be hidden frorn public view Mr
Miller stated that a six-foot high wall Wilt surround the Dumpster on three sides together
with a metal gate enclosure and there will be landscaping around the enclosure
Discussion ensued regarding whether the size and height of the landscaping would be
sufficient to hide the Dumpster area Mr Miller stated the landscaping was selected at
the recornmendation of their landscape architect.
Mr Rosenstock stated that he wanted an assurance in writing before he votes on the
petition that the area will be covered with landscaping and if more landscaping is
necessary, that more wilt be planted.
Ms Frazier inquired if the Petitioner has entered into any signed leases with tenants.
Mr Miller stated there have been discussions with a multiple group of restaurants and
non-restaurants There have been discussions with Subway, Taco Bell and Dunkin
Donuts. Also, there is a hair salon that has shown interest.
10
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
Mr Rosenstock stated that he was under the impression that the Board was considering
a Food Court and not retail shops Mr Miller stated that the requirement of the
conditional use is because of the drive-thru, and the drive-thru is not intended for a "hair
salon" type of faci:ity, but will be for restaurant use
Mr Myott indicated that the name implies a shared use among eating establishments
within the building
Mr Dube stated that the conditional use request states that it is for "approval to
construct a 4,000 square foot restaurant with a drive thru within the Shoppes of
Woolbright PCD" and does not mention hair salons
Mr Miller stated that the original approval of the petition was based on a Food Court
and the corporate name was set up to reflect this and the Petitioner has kept the name
for consistency
Chairman Wische stated that if the petitioner knew that the building would not remain a
food court, why did the petitioner come before the Board tonight asserting that it is a
food court?
Mr Dube stated that on Page 2 of the Settlement Agreement it states "the settlement
agreement approved Approved Use Lot 1 Food Court Restaurantn Also, 3710 square
feet is being changed to 4000 square feet.
Mr Miller addressed Acting Assistant City Attorney Lichtman if the purpose of a public
hearing and the process is for a conditional use approval of the drive-thru and is not a
request of a use
Attorney Lichtman stated that the area has been approved for both food and retail and it
has no bearing on this hearing whether the building will be for food or retail, or both It
is zoned properly The use the petitioner is using in this particular area does conform to
the zoning in the area.
Mr Rumpf stated that staff has reviewed the petition with the understanding that it
would be a restaurant. Mr Rumpf recommended that if the building were to be used for
anything other than a restaurant that the petition be postponed until staff can review the
matter further with a view towards retail shops being added to the use and that the
petition be resubmitted with these additional uses.
11
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
Mr Friedland also stated that the Board was not prepared to deal with retaii shops
being added to the petition and unless the petitioner agrees to resubmit his petition, the
Board should turn down the conditional use request.
The Board reiterated that they were not against retail shops being built on this land, but
the petition the Board is being asked to consider this evening is for a Food Court and
not retail shops
Mr Myott stated that in order for the petitioner to lease the property, he needs to have
the conditional use in place for a drive-thru. which expands the possibility of leasing the
property Discussion continued on how the petition should be worded for consideration
Chairman Wische stated that since Mr Rumpf is suggesting that the petition be tabled
for this hearing, the petitioner should meet with the Planning and Building Department to
work out the details of the petition and resubmit the petition
Motion
Mr Dube moved that Item 7.A.4 (Favorite Food Court) Conditional use be tabled
Motion seconded by Mr Friedland
Chairman Wische asked the Petitioner if they concurred with the motion before the
Board? Petitioner asked for time to discuss the issue.
The Petitioner requested at this time that the Board consider the original petition
of a 4,000 square foot restaurant.
Mr Dube moved to withdraw his motion Mr Friedland withdrew his second of the
motion
Chairman Wische inquired if anyone in the audience wished to address the Board
None being pr~sent. Chairman Wische closed the public hearing
Mr Rumpf reminded the Board that conditional use approval process has been initiated
because of the drive-thru and is synonymous with site plan approval. Therefore, this
Board is reviewing a site plan as called for by a site plan process and the drive-thru
raises additional requirements.
Motion
12
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1998
Mr Myott moved to approve the Favorite Fooct Court, Inc.'s request for
conditional use to construct a 4,000 square foot building consisting of multiple
restaurants, one of which would have a drive-thru, within the Shoppes of
Woolbright PDC
Motion seconded by Mr Dubs
Mr Friedland stated that the presentation by the petitioner was not very prepared and
this Board should consider the petition further before voting on it.
Chairman Wische called for a vote on the motion before the Board Chairman Wische
asked that before a roll call on the vote is taken, if the Petitioner approved of the
wording of the motion The Petitioner agreed to the wording
Chairrnan Wische asked the Recording Secretary to call the roll
Stan Dube Yes
Pat Frazier No
Mike Friedland No
Steve Myott Yes
Maurice Rosenstock No
lee Wische Yes
William Sherman Yes
Motion carried 4-3 in favor of Favorite Food Court, Inc.
B. SUBDIVISION
Master Plan Modification
1 PROJECT
DESCRIPTION
Shoppes of Woolbright PCD - Favorite
Food Court
Bradley 0 Miller, AICP
Miller Land Planning Consultants, Inc.
East side of S.W 8th Street, north of
Woolbright Road
Request for modification to the master plan
for the Shoppes of Woolbright PCD through
adjustment of square feet from planned
retail use to the remaining restaurant
outparcel in connection with processing of
AGENT
lOCATION
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