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LEGAL APPROVAL . I.,EGAI.,/ APPRO" AI., DOCI.IMENTS .- --------------.- -------------- 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 ~N'N/IY~ --:D €.U t1Jd.~ .t./e~ I 000 ~ @ ~ ~ \YJ ~ I Qr " 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 ~\\\\\\\11 """'11. ~\.\" f 90.. "/~ ~ 4. U -1fJ-: ~ .t ~ ....lCOR.o6).. q..~ ~ u ~ 'v- ~\" ~ :: [ JGI= = rn m = - c >- ~ \.19<1' _-p j ~ "'(... v ,- ;;f ~ 0 ....- ~ ~III. f:/IDA ~~~ 1111111/ 1111\\'\"'\ 7 Other DATED' (l,"'/y (t!), /t.9'8 ~~9;;l::~j"" j tl City Clerk 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 13