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AGENDA DOCUMENTS AGEI\IDA. DOCI.IMEI\ITS ------------- ----- --- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM April 24, 1998 (noon) Requested City Commission Meeting Dates o June 2,1998 o June 16, 1998 I:8J July 7 1998 o July 21,1998 Date Final Form Must be Turned in to City Clerk's Office May 22,1998 (noon) Requested City Commission Meeting Dates o April 7 1998 o April 21, 1998 o May 5,1998 o May 19 1998 Date Final Form Must be Turned in to City Clerk's Office March 20, 1998 (noon) April 10, 1998 (noon) June 5, 1998 (noon) June 26, 1998 (noon) May 8, 1998 (noon) July 10, 1998 (noon) NATURE OF AGENDA ITEM D Administrative I:8J Consent Agenda o Public Hearing o Bids D Announcement o Development Plans o New Business o o o Legal Unfmished Business Presentation RECOMMENDATION Please place the request below on the July 7, 1998 City Commission meeting agenda under Public Hearing. The Planning and Development Board, with a 4-3 vote, recommended approval subject to staff comments and the condition that the project only include restaurant uses. For further details pertaining to this request, see attached Planning and Zoning Memorandum No 98-169 EXPLANATION PROJECT Favorite Food Court AGENT Bradley D Miller AICP Miller Land Planning Consultants, Inc LOCA nON East side of S W 8th Street, north of Woolbright Road. DESCRIPTION Request for conditional use approval to construct a 4,000 square foot, food court style, restaurant with a drive thru within the Shoppes of Woolbright PCD PROGRAM IMPACT N/A FISCAL IMPACT N/A ALTERNATIVES. N/A ~~?:f,~f::J~ Development Department Name --- City Manager's Signature City Attorney / Finance / Human Resources 7ft - w -r;~ Acting Director of P nnmg and Zoning IICH\MAlN\SHRDATAIPLANNINGISHAREDIWPIPROJECTSISHPSWOOLIFOOD COURTlCOUSlAGENDA ITEM REQUEST 7-7-98.DOC Idim DEVELOPMENT DEPARTMENT - MEMORANDUM NO PZ 98-169 FROM. Chairman and Members Planning and Development Board l"'", i:- 7Z-- Michael Rumpf Acting Director of Planning and Zoning TO. DATE. June 18 1998 SUBJECT Favorite Food Court (Shoppes of Woolbright PCD) - COUS 98-001 Conditional Use - Restaurant with drive-thru INTRODUCTION Bradley Miller agent for Favorite Food Court, Inc. is requesting conditional use approval for a property owned by Favorite Food Court, Inc. of Boca Raton Florida, as follows: Location. East side of S W 8th Street, north of Woolbright Road Land Use Plan Designation. Local Retail Commercial (LRC) Zoning District: Community Commercial (C-3) Type of Use. Food court style restaurant with drive-thru Number of Seats: 100 Square Footage. Building' Site. 4,000 square feet 24 442 square feet on a 0 56 acre parcel of land SURROUNDING LAND USES AND ZONING: The surrounding land uses and zoning are as follows (see attached location map - Exhibit "Aft) Use Zonina North Vacant (planned retail) PCD East Home Depot PCD South Discount Auto Parts PCD West S.W 8th Street N/A Further West - Cracker Barrel Restaurant PCD STANDARDS FOR EVALUATINf; CONDITIONAL USES. Section 11.2.D of the Zoning Code contains twelve standards, listed below, to which conditional uses are required to conform. Following each standard a staff evaluation of the application as it pertains to the standards. The Planning and Development Board and City Commission shall consider only such I Page 2 Favorite Food Court File No CO US 98-001 conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens general welfare or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use the Board and Commission shall consider the effect of the proposed use on the general health safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe As shown in Exhibit 'B" - Proposed Site Plan, access to the site is via two two-way and one one- way driveways onto two of the commercial centers, entry drives accessing SW 8th Street. Traffic flow on site is two-way with the exception of the north and west sides of the building where the one-way drive-through lane and drive-through window and by-pass lanes are located. Angled parking spaces service the west side of the building, adjacent to the by-pass lane The level of service is currently adequate on the SW 8th Street connection to Woolbright Road. Any negative traffic impacts on Woolbright Road will be remedied after the county lets the plans to provide six-lanes for Woolbright Road from Congress Avenue eastward, which is scheduled for the very near future. This over capacity status of this section of Woolbright Road does not jeopardize the project's ability to meet Palm Beach County's Traffic Performance Standards Ordinance Palm Beach County has informed staff that traffic concurrency have been met. This is based on trips that are vested with the previous PCD approval. 2. Off-street parking and loading areas where required, including spaces located within the adjacent commercial center A shared parking agreement provides for the use of these spaces outside of the parcel Economic effects, glare noise, and odors produced by the presence of the proposed conditional use will have a minor affect on the adjacent and nearby properties, as well as the city as a whole Based on the square footage and seating of the building, thirty (40) parking spaces are required and to be provided including two (2) required handicapped spaces. As previously mentioned, angled parking is proposed west of the building and ninety (90) degree parking is proposed along the east side of the building A loading area, as required by code, is to be provided along the south side of the building, 6' inside the property line The loading zone is labeled on the site plan within Exhibit "B" Staff finds this location of the loading zone to be acceptable. 3 Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The dumpster location is proposed for the southeast corner of the parcel. The Public Works Department has approved the location and enclosure. 4 Utilities, with reference to locations, availability, and compatibility All utilities are available to the site. ~ Page 3 Favorite Food Court File No COUS 98-001 5 Screening, buffering and landscaping with reference to type dimensions and character The applicant will provide landscape materials adequate to meet all landscape code requirements. The proposed screening and landscaping meets, or exceeds code requirements in all respects and provides the functional buffering required. The landscaping will consist of relocated trees and palms, and a mixture of native and ornamental canopy trees, palms and hedge materials, selected to provide a variety of color in order to enhance the building and property The intensity of landscaping is compatible with other developments in the area. 6 Signs, and proposed exterior lighting with reference to glare traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. There will be one monument sign for the site to be located at the southwest corner of the parcel. The sign will be (7) feet in height. Any signage must reflect the approved Shoppes of Woolbright signage plan. 7 Required setbacks and other open spaces All code required setbacks are reflected on the proposed site plan. No open space requirements are applicable 8 General compatibility with adjacent properties, and other property in the zoning district. The type, size and colors of the proposed building are compatible with design intent of the surrounding structures. However in reference to building style the architectural corner caps on the proposed structure do not blend well with the surrounding roof characteristics of adjacent buildings. Due to the mixed characteristics of the adjacent corporate-influenced architectural styles, the Favorite Food Court will only follow this pattern of acceptance of individual building design. Surrounding uses such as the auto parts store, Burger King, Home Depot and the Cracker Barrel each have characteristics, which defy the intent of the over all Community Design Plan as it relates to all developments. If allowing individual structural qualities was the micro community design plan, which it seems to be, the Food Court and its structural characteristics should be viewed as meeting the design intent of the PCD 9 Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties and the city as a whole. The proposed building is to be single-story and 25' high. The building height is well below that allowed by the code for the PCD zoning district. The height proposed is harmonious with the buildings in the immediate area and consistent with the established character of the area. 10 Economic effects on adjacent and nearby properties, and the city as a whole. Development of this site will have a positive economic benefit to the city The use of the property is compatible with surrounding commercial uses, therefore no negative effects on adjacent property are expected. 3 .__.~__ -L ~_____ Page 4 Favorite Food Court File No COUS 98-001 11 Conformance to the standards and requirements which apply to site plans as set forth in Chapter 19 Article II of the City of Boynton Beach Code of Ordinances (new reference is Part III - Land Development Regulations, Chapter 4) The project shall comply with the above standards, upon rectification of staff comments conditioning any approval of the request. One other requirement not specifically mentioned elsewhere is concurrency certification for drainage levels of service Commercial approvals must be certified or exempted for both traffic and drainage levels of service. The Engineering Division has indicated that drainage can be certified at time of rectification of staff comments. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards Section 4 of the zoning regulations also conformance to the City of Boynton Beach Noise Control Ordinance Compliance with the city's performance standards is anticipated and no nuisances or noise would be generated by the proposed use beyond what is currently generated from the other nearby commercial uses RECOMMENDATION. Staff recommends approval of this conditional use request, subject to the permit plans for this project being amended to show compliance with staff comments and the applicable City of Boynton Beach Code of Ordinances (see Exhibit 'C" - Conditions of Approval) SS bme S:\pI.nningISHAREDIWPIPROJECTSIShpswoollFood CourtICOUSIR.port COUS98.Q01.doc tf EXHIBIT "A" s REC EXHIBIT "B" 1 ------ - ~ ~~ _ !II li)' ~ . g ~!r-- ::J ~ C) ..... !:h;;-l .... I" .... -- c: :lI8 ..... !II . o f'l ~ ----li---------- Ii ~i ..... ~ r- ~ o Z C} ~ o X ..... ;llJ \11 fe 1r ~JUM"""'" .6 (' cr::rB d - 91 6 ad ZOOf 8 CJ 0 JS' d - M!CJ gaL) J99.JJS L/JB MS 1 N 3 n 3 A Y d 1 1 V H d S Y lOUno . 8l1n:J .~ .CIl"".' .,.~""J.. e ~ 1: ~ ~ .., '" 't :! l!~ j.lla "'I'" :-4 :lI !II ~.. '--j il " ~ ~ I'. e! i ~~ I .. '" ~ ~ z a ;; g ,('." - -- s ooW-oU. I E BUfrpl .~O;;"'I1ST'IlG lANOSCAPE: BUFnR I."" ~ EW ~II # A 'NA &1$ At ASPHAU PA\IEJ/(l\/T REMAINDER OF T R ACT D (P.s. 5"- pes. 1.11.. 1.34 P.f1.C.R.) (NOT INCLUDED) I Home Depot I j EXHIBIT "C" q EXHIBIT "C" ConditIOns of Approval Project name Favonte Food Court Flle number' COUS 98-001 Reference The plans consist of 7 sheets identified as 1 st ReView. Conditional Use. Flle # 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 landscaplOg X drawlOgs so that we may determlOe whIch trees may lOterfere WIth utilities. In general, palm trees will be the only tree species allowed Within utilities easements. Canopy trees may be planted outSide of the easement so that roots and branches WIll not Impact those utilities within the easement in the foreseeable future LDR Sec. 7.5-18 I gives publIc utilitIes the authonty to remove any trees that lOterfere WIth utility services, either 10 utIlity easements or public nghts-of-way 2. Sec. 26-34(E) of the CIty code reqUIres that a capacity reservatIOn fee be X paId for thiS project wlthlO 30 days of site plan approval. Based upon a I-lOCh 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 readily available. 4 PrOVIde an engmeer's wntten certificatIOn that dralOage will conform to X all rules of the city and the South Florida Water Management DIstnct. (LDR Chap. 4, Sec 7F) 5 Note that settlOg of a permanent water meter IS a prerequisIte to X obtalOlOg 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 lOclude, but are not Page 2 Favonte Food Court File No COUS 98-00 I DEP ARTMENTS INCLUDE REJECT hmlted to, the followmg: Site hghtmg, pavmg, dramage, curbmg, landscapmg and lITigatiOn. PermIts reqUIred from other permitt10g 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 stating that dra10age 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 markmgs 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 dnving lane width from 25 feet to 27 feet on sectiOn "A-A" 10 Fix bar scale on SIte plan. X BUILDING DIVISION Comments. I I Below the detail draw10g of the monument SIgn found on sheet I of I X place a note 1Odlcat1Og that the permIt drawmgs 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 drawmg that Illustrates the monument SIgn and shows the proposed locatiOn of the wall sIgnage place a note 10dIcating that the permit drawings for the monument SIgn and wall sIgnage shall comply WIth the specificatiOns of the Shoppes of W oolbnght PCD SIgn program and the apphcable regulatiOns of the CIty'S SIgn code. [Land Development RegulatiOns, Chapter 21 - SJgn 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 lines. Note. The m10lmum code setback for a freestand10g sign IS ten (10) feet. [Land Development RegulatiOns, Chapter 21 - SIgn Code, ArtIcle III, SectiOn 5] I3 Add to the floor plan drawmg the labeled symbol that represents the X location and contmuatIon of the accessible route that IS reqUIred from the accessible parkmg spaces and the abutt10g right-of-way to the accessible entrance of the bUIld1Og. All aspects of the accessible route shaH comply with the regulatiOns specIfied 10 the Flonda AccessibilIty Code for BUIld10g Construction. 14 At time of permIt reVIew submIt a copy of the South Florida Water X Page 3 Favonte Food Court FIle No CODS 98-001 DEPARTMENTS INCLUDE REJECT Management DIstrict permIt that verifies the proposed finish floor elevatIOns meet the mmimum standards. 15 Prior to a permIt being Issued for the proposed improvements a umty of X title form shall be completed, executed, recorded 10 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 umty of tItle form that is available from the Permit ApplIcation Group located in the BuIlding DiviSIOn front office. PARKS AND RECREA nON Comments. None X FORESTERlENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments. 16 SIgn and seal all plans. X 17 Provide the following mformation 10 the site plan tabular data. X - vehicular use landscape space - proposed % buildmg 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 ofWoolbnght, or a separate plan will need to be submItted amend 109 that approved slgnage plan. 19 Provide 10 the dumpster detail, a descriptiOn of the gate matenals and a X label listing the proposed pamt colors and manufacturers. 20 Provide a Iightmg plan which also demonstrates the type, source, and X style to be used. Ch.9 Sec.l 0 Par.F & Ch.23 Art.II Par.A. 21 PrOVIde a note on the landscape plans referencmg the method of X irrigatIon, including its source Ch.4 Sec.7 Par C 22. On the landscape plan, the tree symbol at the proposed locatiOn of tree X "1" IS mlssmg It's letter deSIgnation. Page 4 Favorite Food Court Flle No COUS 98-001 ~EPARTMENTS INCLUDE REJE~ 23 Add the followmg note to the p]antmg notes of the landscape plans. X - Hedges adjacent to nght-of-ways shall be mamtamed at 3' OA. HT - Hedges adjacent to mtenor lot hnes shall be mamtamed 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 wIthm the 10' nght-of-way landscape stnp 25 On the archItectural plans provIde the proposed color of Item #7 m the X matenals schedule. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 26 The Favonte Food Court project IS only to mclude restaurant uses. X ADDITIONAL CITY COMMISSION CONDITIONS 27 To be determmed. /bme J:\SHRDATA\PLANNINGlSHAREDlWP\PROJECTSISHPSWOOl\FOOD COURT\COUS\COND. OF APPRDOC\ DEVE' - MENT ORDER OF THE CITY eoIV' 310N OF THE CITY OF BOYNTON BEACH, FLOt-tIDA PROJECT NAME. Favorite Food Court APPLICANT'S AGENT Bradley Miller AICP APPLICANT'S ADDRESS 298 Pineapple Grove Way, Delray Beach, FL 33444 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 liB" 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 MATTER 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 -2L 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 "C" with notation "Included" 4 The Applicant's application for relief is hereby -2L 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'ISHROATAIP.'....ISHAREIl\WPIFORMS'""" ""'~/f ORDER REV.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates o April 7 1998 o April 21, 1998 o May 5 1998 o May 19 1998 Date final Form Must be Turned in to City Clerk's Office March 20, 1998 (noon) Requested City Commission Meeting Dates o June2, 1998 o June 16, 1998 I:8J July 7 1998 o July 21 1998 Date Final Form Must be Tumed in to City Clerk's Office May 22, 1998 (noon) April 10, 1998 (noon) June 5 1998 (noon) April 24, 1998 (noon) June 26, 1998 (noon) May 8,1998 (noon) July 10, 1998 (noon) NATURE OF AGENDA ITEM o Administrative I:8J Consent Agenda o Public Hearing D Bids D Announcement o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION Please place the request below on the July 7, 1998 City CommissIOn meeting agenda under Consent - Ratification of Planning and Development Board Action. The Planning and Development Board, with a 4-3 vote, recommended approval subject to staff comments. For further details pertaining to this request, see attached Planning and Zoning Memorandum No 98-190 EXPLANA TION PROJECT Shoppes ofWoolbnght PCD - Favorite Food Court AGENT Bradley D Miller AICP Miller Land Planning Consultants, Inc LOCA nON East side of S W 8th Street, north of Woolbright Road. DESCRIPTION Request for modification to the master plan for the Shoppes of Woolbright PCD through adjustment of square feet from planned retail use to the remainmg restaurant outparcel in connection with processing of the Favorite Food Court conditional use application to construct a 4000 square foot, food court style, restaurant with a drive thru. PROGRAM IMPACT N/A FISCAL IMPACT N/A ALTERNATIVES. N/A -::Bel ~o h1 1- I ~-:ta-< t t.- Department ead s Signature Development Department Name City Manager's Signature /t- ~ ~~ Acting Director of anning and Zoning City Attorney / Finance / Human Resources IICHI.'AAINISHRDATAIPLAM-"lNGISHAREDlWPIPROJECTS\SHPSWOOLIFOOD COL'R.T\MPMDIAGENDA ITEM REQUEST 7-7-98.DOC Idim DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 98-190 FROM Chairman and Members Planning and Development Board ~;, 7/ I'LL -'L- Michael W Rumpf Acting Director of Planning & Zoning TO' DATE. June 19 1998 SUBJECT Shoppes of Woolbright PCD - File No MPMD 98-002 Master Plan Modification (decrease in square footage on future retail increase in square footage on lot 2) NATURE OF REQUEST Bradley D Miller of Miller Land Planning Consultants, Inc. agent for the Morton Group, Inc. is requesting to modify the master plan for the Shoppes of Woolbright PCD The Shoppes of Woolbright PCD commercial development is located on the north side of Woolbright Road and east of the L.W D D E-4 Canal (see Exhibit "A" - location map) The requested modifications are shown on the proposed master plan (see Exhibit liB" - Proposed Master Plan) The specific request to the master plan is to reduce the square footage designated "Retail" by 400 square feet, and increase the square footage planned for "Lot 2" by 290 square feet; a net reduction of 310 square feet is planned for the shopping center This modification to the master plan is being processed in conjunction and concurrent with the conditional use application for a 4,000 square foot restaurant called "Favorite Food Court" (see COUS 98-001) BACKGROUND The only characteristics of the master plan affected by this proposed amendment include square footage and required parking. These two characteristics are indicated below' Existina Pro Dosed Chanae Square Footage: Area for "Retail"- Area for Lot 2 - 48,996 3710 48,706 4,000 (-)290 (+ )290 Net Change. (= )0 Parking Facility' The proposed adjustment in square footage for the restaurant and retail uses generates a net demand for two (2) additional parking spaces. The previous demand for parking spaces, 1,520 spaces, is increased to 1,522 spaces. This demand for parking spaces will be adequately met by the continued plan for 1,614 planned parking spaces. The Shoppes of Woolbright is part of a November 6 1986 and January 24 1990 stipulated settlement agreement between the city and Tradewinds Development Corporation. The City Commission ratified the settlement agreement by approving a master plan modification on May 15, 1990 that depicted the applicable conditions of the January 24, 1990 stipulation and settlement agreement. The agreement vested the project for traffic, water and sewer, so that no time extensions for concurrency would ever be required prior to build-out of the property so / Page 2 of 2 Memorandum No PZ 98-190 Shoppes of Woolbright PCD MPMD 98-002 long as the total number of trips and peak hour of trips did not increase. The settlement agreement approved a maximum of 320 000 square feet, to include the following current uses (which have been amended multiple times since the agreement and show the proposed changes with crossed-out and underlined text) Parcel Tract 'B" Aooroved use Cracker Barrel Restaurant - 9 970 square feet Race Trac Gas Station - 3 040 square feet Tract 'C" Lot 1 Lot 2 Lot 3 Food Court Restaurant - ~ 4.000 square feet Discount Auto Parts - 6,492 square feet Burger King Fast Food Restaurant - 2,911 square feet Tract "D" Parking and circulation for Home depot Tract 'F" Home Depot - 102,250 square feet and Garden Center - 28,413 square feet Tract "E" Expo Design Center - 88,004 square feet Future retail- 20,000 Future retail- 48,99648.706 square feet MASTER PLAN MODIFICATION ANALYSIS Changes to Planned Commercial Development (PCD) master plans are reviewed consistent with Section 6 F 13.b of Chapter 2 - Zoning which requires that modifications to approved plans which result in an increase of less than ten (10) per cent in measurable impacts, as determined by including any changes in traffic generated, water consumed or sewage to be collected, be reviewed by the Planning and Development Board and finally approved by the City Commission. The modifications requested result in no increase in impacts. RECOMMENDATION This master plan modification request was reviewed by the Technical Review Committee (TRC) on June 2, 1998. Staff recommends that the proposed amendment to the Shoppes of Woolbright PCD be considered non-substantial, and that it be approved by the City, subject to staff comments listed in Exhibit "C" - Conditions of Approval. MR Xc: Central File S:\projects\ShpswooI\MPMD\Shoppes MPMD 09-002 ~ EXHIBIT "A" 3 · .OCAT'ON M!"- P t:OOD COURT AT SHOPPES OF OOLBR'GHT PCIJ '1. - ~ '~~R IIHrl~I~'Tli:~ I !Ifr~~;r I--J . <;::: I I'~/!f,-..q I' ' . T :1- , ~R c:w .. ......;, fTI1Tr:r !\ I <-:, 1 rm;nu,. II rf"": J!E!; J 1 ~ fE:]jj IiiPJlJ1!U "/<;' rn:.ill!i ~ == T T I r IlI" !J , m c ~\ \-'/Il1tl r<' f!Ihim I1!Il1Hlm rffrrm mm ,~l ". ,1'1, "... 1~.'~~1"lrz-~~1_: ~rS;P~~." ~ .....', ,. I- rlILJ, -:: '-I T~1-:- :.. ~ ~ r-'-;- lr; T :;;, F- _ ' ,r 1-. ., -. I - "1"-'" . 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'_" r h, ". . rrr ~ ~. 1:: ~ IfJ '#. · ' '-}J' i1J T ' · I t..(t "' f _ ~. ;" . ~~ :V~" ~ ~/ '/11 'f r T -JJ r.-- _ -4:_.<-,,:.7 I I=lee ~~>""'\~; ';Il'"~Y"'~R r/lf} L-.__, tEla ~-"~'~v~\. -;:-e: v I ~: .... ~ ~~~.i~~1'3E\", ::-,~ ~.r ?l I A 1111/1fj MILESV ,~~~ ~~~j{;,~~~~,~~ l ~~L '~'O 400 8g0 FEE:p;<p:' 6, I Jl ~).'-'<H, :J;, : ~ 7/L-f~ P/$r.c_.~._ ~_ .~. __. ~ >~ rr 'IT n rn' I ;.{ "R ( ~ -:::';-'" _ 17//,/ /tTfr r . -- ~.- - ------------ ---. ------ --------- ------~--~ -- ------------------ EXHIBIT "B" 6' '" .. ~ ~ c ? . ; 2 " ~ ~ ~IUnL :: e i o. '0 ~--n- l ;..~ ._.' .1'1 '':'' j 0.1.11 ~ : ~ EXHIBIT "c" 1 - ---------------------------------- EXIDBIT "C" ConditIons of Approval Project name' Shoppes of Woolbright PCD - FavorIte Food Court File number' MPMD 98-002 Reference: The plans consist of 1 sheets identIfied as I st Submittal. Master Plan ModificatIon. File # MPMD 98-002 with a Mav 13. 1998 Planning and Zomng Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments. None X UTILITIES Comments. None X FIRE Comments' None X POLICE Comments. None X ENGINEERING DIVISION Comments. None X BUILDING DIVISION Comments. None X PARKS AND RECREATION Comments. None X FORESTER/ENVIRONMENTALIST Comments. None X PLANNING AND ZONING Comments. None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 None X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. Ibme J:\~HRDA T A\PLANNING\SHARcD\WP\PROJECTS\SHPSWOOL\FOOD COIJRT\MPMD\COND OF APPR.DOC\ DEVELOPMr - ORDER OF THE CITY COMMlf IN OF THE (,. I Y OF BOYNTON BEACH, FLORIDA PROJECT NAME. Shoppes of Woolbright PCD APPLICANT'S AGENT Bradley Miller AICP APPLICANT'S ADDRESS 298 Pineapple Grove Way, Delray Beach, FL 33444 DATE OF CITY COMMISSION RATIFICATION July 7, 1998 TYPE OF RELIEF SOUGHT Master Plan Modification LOCATION OF PROPERTY East side of S W 8th Street, north of Woolbright Road DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO X 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 THIS MATTER 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 1-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 "C" with notation "Included" 4 The Applicant's application for relief is hereby 1- 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'\SHRDATA\Planning\SHARED\WP\PROJECTS\SHPSWOOL\Food Court\MPMD\Dev Order MPMD,doc _ .=VELOPMENT DEPARTMENT MEMORANDUM NO PZ 98-165 TO FROM Sue Kruse City Clerk "" _ /1 J'k-_C-- r~ Michael W Rumpf Acting Director of Planning and Zoning DATE June 5, 1998 SUBJECT Favorite Food Court Restaurant - Shoppes of Woolbright PCD - Conditional Use Approval (restaurant with drive-through) COUS 98-001 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $1,000 00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney This request is scheduled for the June 23, 1998 Planning and Development Board meeting and the July 7, 1998 City Commission meeting Please advertise in the newspaper and notice property owners accordingly MWR.bme Attachments s:\projects\ShpswooI\F ood Court\COUS\LGLNOTICE NOTICE OF PUBLIC HEARING Bradley Miller, agent for Favorite Food Court, Inc., property owner, has requested the following parcel located in the Shoppes of Woolbright PCD north of Woolbright Road and west of S W 8th Street to be considered for Conditional Use approval to constn..ct a restaurant with a drive-through. Legal Description Lot 2, WOOLBRIGHT 100, according to the Plat thereof as recorded in Plat Book 80, Page 27 of the Public Records of Palm Beach County, Florida. TOGETHER WITH A portion of Tract D, SHOPPES OF WOOLBRIGHT P CD, according to the Plat thereof as recorded in Plat Book 65, Pages 137 and 138 of the Public Records of Palm Beach County, Florida, more particularly described as follows. BEGINNING at the Northwest corner of said Tract C, said point also being the Southwest corner of said Tract D and a point on the arc of a curve concave to the west (a radial line to said point bears N84019'00"E), thence northwesterly along the west boundary of said Tract D and along the arc of said curve, having a radius of 1851 74 feet and a central angle of 00044'48", a distance of 24 13 feet to a point of intersection with a line 24 00 feet north of and parallel with the North boundary of said Tract C, thence N89050'25"E, along said parallel line, 180 12 feet to a point of intersection with the northerly extension of the east line of said Tract C, thence SOoo09'35"E, along said northerly extension line, 24 00 feet to the northeast corner of Tract C, thence S89050'25"W, along the north boundary of said Tract C, 177 64 feet to the POINT OF BEGINNING Said lands lying and situate in the City of Boynton Beach, Palm Beach County, Florida, containing 24,442 square feet, 0 56 acres, more or less Proposed Use 4,000 square foot restaurant with a drive-through. PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON JUNE 23, 1998 AND JULY 7,1998, RESPECTIVELY, AT 7.00 P M All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH JUNE 12,1998 The Post s:\projects\Shpswool\Food Court\CQUS\lglnotice REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below ORIGINATOR. Plannina and Zonina Division PREPARED BY Michael Rumpf DATE PREPARED' June 5, 1998 BRIEF DESCRIPTION OF NOTICE OR AD' Conditional Use Approval for a 4,000 square foot restaurant with a drive-throuah to be located north of Woolbriaht Road on the east side of S.W. 8th Street. June 23, 1998 - Plannina and Development Board meetina and July 7, 1998 - City Commission meetina. SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO' Property owners (postmarked June 12, 1998) within a 400 foot radius of the subiect property. applicant and Director of Plannina and Zonina. NEWSPAPER(S) TO PUBLISH The Post DA TE(S) TO BE PUBLISHED' Friday. June 12, 1998 LAST DATE TO FAX TO THE PAPER BY 3 00 P M Wednesday. June 10,1998 APPROVED BY (1) ~0.1>(.r-I- (Originator) I ~~S9~ (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. 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