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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine:Oates in to City Clerk's Office Meetine: Dates in to City Clerk's Office 0 March 19, 2002 March 6, 2002 (5:00 p.m.) 0 May 21, 2002 May 8, 2002 (5000 p.m.) 0 April 2, 2002 March 20, 2002 (5000 p.m.) 0 June 4, 2002 May 22,2002 (5000 p.m.) ~ April 16,2002 April 3, 2002 (5;00 p.rn.) 0 June 18, 2002 June 5, 2002 (5:00 p.rn.) 0 May 7 2002 April!7 2002 (5:00p.m.) 0 July 2. 2002 June 19,2002 (5:00 p.m.) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 16, City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved subject to staff comments, and additional conditions to optimize roof-top screening, ensure proper maintenance of hedge height, to eliminate dead or decaying trees, add additional perimeter trees, and confirm lighting fixtures meet new wind load standard. For further details pertaining to the request, see attached Department of Development Memorandum No. 02-066. EXPLANATION PROJECT NAME. AGENT OWNER. LOCATION: DESCRIPTION: Wendy's @ Riverwalk Jennifer Liszak, Land Design South Riverwalk Plaza Joint Venture SE Comer Woolbright Road & Federal Highway IUS I Request Conditional Use Approval for fast food restaurant with a drive-through facility PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: N/A N/A N/A Develop City Manager's Signature ~(!v~,~ Planning and Z n g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Wendy's@ Riverwalk\COUS\Agenda Item RequestWendy@Riverwalk4-16.02.dot SoIBULLETrNlFORMSIAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 02 - 066 TO' Chairman and Members Planning and Development Board f'1lA?-- Michael W Rumpf Director of Planning & Zoning FROM. DATE. April 4, 2002 SUBJECT Wendy's at Riverwalk Plaza - COUS 02-001 Conditional Use I Site Plan Approval- (Drive-through window facility for the Wendy's Restaurant to be located within the Riverwalk Shopping Plaza) PROPOSAL SUMMARY Land Design South, agent for Riverwalk Joint Venture is seeking conditional use I major site plan modification approval for a restaurant with a drive-through facility The applicant proposes to construct a one- (1) story, 3,170 square foot fast-food restaurant to be located in the Riverwalk Shopping Plaza. Currently, the location of the proposed restaurant is developed as a parking lot to support the Riverwalk Shopping Plaza. A fast-food restaurant is a permitted use in the C-3 zoning district. The conditional use is only required for the drive-through feature proposed at the east side of the building. The drive-through lane will commence at the west side of the building, wrap around the south of the building and terminate on the east side of the building. No portion of the drive-through feature will be located along Woolbright Road. The Riverwalk Shopping Plaza site plan identified the subject site for future development as a restaurant. For technical clarification, this project is not a new site plan on a vacant out-parcel but rather a major modification to the Riverwalk Shopping Plaza site plan. The boundary of the "leased area" is not used to determine setbacks, parking, and landscape requirements. The entire project is to be built in one (I) phase. ApplIcantl Agent: Riverwalk Joint Venture I Land Design South Project name: Wendy's at Riverwalk Plaza General Description: Fast-food restaurant (3,170 square feet) with a drive-through feature Overall Property size: 426,670 square feet (9795 acres) "Leased Area" size: 30,032 square feet (0.69 acre) Land use: Local Retail Commercial (LRC) Zoning: Community Commercial (C-3) Location: South side of Woo bright Road, west of the Intracoastal Waterway, east of U.S. I in Riverwalk Shopping Plaza (See Exhibit "A" - Location Map) Total Building area: 3,170 square feet (See Exhibit "B" - Proposed Site Plan) Wendy's at Riverwalk Plaza - COUS 02-001 Page 2 Memorandum No. PZ 02 - 066 Surrounding land uses/zoniug: North - Right-of-way for Woolbright Road, farther north, Gulfstream Apartments classified High Density Residential (HDR), zoned Multi-family Residential (R-3); East - Riverwalk Shopping Plaza classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and farther east is vacant property classified Local Retail Commercial (LRC), zoned Community Commercial and still farther east is the Intracoastal right-of-way; South - Riverwalk Shopping Plaza classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and farther south is undeveloped property classified High Density Residential (HDR), zoned Multi-family Residential (R-3); and West - Riverwalk Shopping Plaza / Southtrust Bank classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and farther west is the U.S. I right-of-way STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 1l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such 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 approval, 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 provisions have been made concerning the following standards, where applicable: I 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. The subject property will be located in the northeast corner of the Riverwalk Shopping Plaza. Comparable to out parcels located in Planned Commercial Districts, this project will utilize existing access drives of the Riverwalk Shopping Plaza. Currently, the shopping plaza has three (3) main points of ingress / egress. Two (2) of the access drives are located along Woolbright Road and the third is located along U.S. 1 None of the shopping center's access drives will be altered as a result of this project. This project does not propose any direct connection onto Woolbright Road. The restaurant "leased area" will have one (1) point of ingress and one (1) point of egress. These drive aisles will connect with an existing drive aisle in the Riverwalk Shopping Plaza. The width of each proposed drive aisle that surrounds the proposed restaurant will be 19 83 feet. Sidewalks and their respective markings will connect the restaurant to Woolbright Road in order to provide added safety to pedestrians. This project must obtain Wendy's at Riverwalk Plaza - COUS 02-001 Page 3 Memorandum No. PZ 02 - 066 Palm Beach County Traffic Division approval with regard to traffic concurrency prior to the issuance of a City building permit, (see Exhibit "C" - Conditions of Approval) 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for restaurants is based upon either one (1) space per 100 square feet of gross floor area or one (1) space per 2.5 seats, whichever is the more stringent methodology of the two. Since the more stringent parking requirement is based upon the total square footage of the restaurant, the required parking for the restaurant will be 32 spaces. City records indicate the shopping plaza is vested for 457 parking spaces. This figure is based on a parking ratio that was in effect at the time the center was constructed. There are 50 existing parking spaces where the restaurant is to be built. The Wendy's "leased area" will restore 32 parking spaces, including two (2) spaces designated for handicap use (see exhibit "C" - Conditions of Approval). This net loss of 18 parking spaces will not cause the Riverwalk Shopping Plaza to fall below its vested number Angled parking spaces (60 degrees) are proposed along the east and west sides of the restaurant. The parking space dimensions will be in compliance with the Americans with Disabilities Act (ADA) regulations and City Engineering Drawings. The handicap spaces will be located near the west entrance of the building. The parking, drive-through lane, and drive aisle areas will surround all sides of the building. No parking however is proposed north of the building. 3 Refuse and service areas, with particular reference to the items in subsection I and 2 above. A dumpster enclosure will be located at the southeast corner of the subject site. It will be located in an area that is unobtrusive to pedestrian and vehicular traffic and is unnoticeable from Woolbright Road, u.s. 1, or residentially zoned property The dumpster location is positioned in such a way to facilitate efficient removal of trash. 4 Utilities, with reference to locations, av.ailability, and compatibility Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 2,849 square feet or 9% of the total "leased area" of the site. As proposed, the development of the restaurant would cause an insignificant change to the total amount of pervious area for the entire shopping plaza. Currently, the site is developed as a parking lot for the Riverwalk Shopping Plaza. The project is designed to eliminate and / or reconjigure the parking spaces in order to construct a restaurant and to enhance the perimeter landscaping. The north (along Woolbright Road) and east landscape buffers contain Live Oak trees and Redtip Cocoplum hedges and proposes Ixora Nora Grant shrubs, and Dwarf Schejjlera. The west landscape buffer will contain existing trees and proposes Redtip Cocoplum hedge. The plant material that will surround the building will consist of the following: Solitaire Palms, Spanish Stopper, Ixora Nora Grant, Variegated Liriope, and Dwarf Allemanda. The intent of the code is to have all parking lot areas screened with landscapingfrom public rights-of-way.1fthe construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate as it Wendy's at Riverwalk Plaza - COUS 02-001 Page 4 Memorandum No. PZ 02 - 066 relates to the intent of the code, then said landscape material shall be enhanced subject to the satisfaction of the City landscape inspector Staff also recommends that the applicant meet with the City Forester! Environmentalist to review the existing landscape material ! irrigation system east of the Winn Dixie building. The requirement would be to enhance the existing landscape material to be equal to or better than the originally approved plan (see Exhibit "C" - Conditions of Approval). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use application proposes two (2) wall signs for the restaurant. These wall signs are proposed on the front (north) facade and the side (west) building facades. The wall sign proposed on the frontfal;ade will be 43.75 square feet in area. The second wall sign (west elevation) will be 2175 square feet in area. Collectively. both wall signs will be 65.50 square feet in area, including the "Wendy's Girl" logo. Should the building size or frontage slightly change during the permitting process, all wall signs on the building (north and west elevation) must comply with Chapter 21, Article IV, Section 3.e. (see Exhibit "C" - Conditions of Approval). The north wall sign will face north and have direct exposure onto Woolbright Road. The smaller wall sign (west elevation) will also be visible from Woolbright Road. The applicant is not proposing any freestanding monument or pole signs. The required site lighting for the parking areas will exceed development standards. Site lighting shall not be of an intensity that produces glare on adjacent properties (Chapter 9, Section 10. C.). Staff recommends that the proposed outdoor freestanding lighting fIXtures and lighting levels (footcandles) shall be compatible with the existing shopping center so as to not cause excessive glare within or onto adjacent properties, specifically the residentially zoned property directly to the north of Woolbright Road (see Exhibit "c" - Conditions of Approval) The photometric plan will be reviewed at the time of permitting. 7 Required setbacks and other open spaces. The proposed buildings and drive-through lane will meet all setback requirements of the C-3 zoning district. The building and open space will meet minimum code requirements. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the commercial uses of the existing shopping center and the C-3 zoning district. There will be minimal on-site impact and no adverse effects will occur from the fast-food restaurant use. The site plan provides adequate buffering and the drive-through lane will have little or no impact on the adjacent properties or the surrounding area. The front entrance for the restaurant will face towards Woolbright Road, although a second entrance is proposed along the west building side. The building colors and roof material are compatible with the existing buildings in the shopping plaza. 9 Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the C-3 zoning district is 45 feet. The proposed Wendy's restaurant building is designed as a one-story structure with the maximum height not to exceed 18 feet. The building height is compatible in comparison with the neighboring commercial properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Wendy's at Riverwalk Plaza - COUS 02-001 Page 5 Memorandum No. PZ 02 - 066 The proposed use will constitute additional convenience and choice for the City residents. It fronts on a major arterial (Woolbright Road) and is in close proximity to Interstate 95, which makes the proposed restaurant an appropriate use for this site. Also, it's close proximity to residential neighborhoods makes the proposed location a good place for this type of development. II 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. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N of the Land Development Regulations, Chapter 2, also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed restaurant with drive-through facility would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. Also, staff recommends that the audio component and menu board for the drive through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north (see Exhibit "c" - Conditions of Approval). In conclusion, the applicant will have to apply for and obtain all necessary approvals and licenses in order for a certificate of occupancy to be issued. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Ex)1ibit "e" Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. LG/elj S:\PlanningISHAREDlWP\PROJECTS\Wendy's @ Riverwalk\COUSlStaff Report,doc P \6\1' "Au t=:tJ C^~\ON N\A,,,,p'aza EX~ :.::::: EE\:n LO ,....' 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I .' !!l.!'!'!' 'i! ~~n...~~l:;! ~ 5!~h !~,!:l;~l; I; ~ !.'IEi'!~.;i 'i" !' "11'>' , ~s~ ~ j~~'- :~ "i~ ~\;; i~~ il Il! ! II I II i'" ,~:; . ~~ i~ ~ ~~ ~~~~ !:; :> '" :! i(l'\'!i\j\;!i; i 8 , ' ~;~~ S ~M~~ i i ~~;;;~ ~ _..C E'\'! ~~~S;>:l ~:;;~;: s;;: ~~ ." ,- ~~ 1I;i~~; ~ ~ RIVERW ALK SHOPPING PLAZA WENDY'S OUTPARCEL PFUlPAAIIll ~OR RIVIRWALK PLAZA JOINT YINTURB CITY OF 80YNTON IlEAOH, FLORIlA LAND. DESIGN SOUTH -....-..,.....- EXHIBIT "B" ~.~ ~ % -; ...;.. ~ \!l ~ , ~ . ~ '" ~ " i ~t1 ~ \~I~~ \ \ \ \ \ I I " '" ,. ~ ~ ~ ~ ". ". .;Jf""'- \\" q \' ~\\\ ~ \ " \ \n ~ \~ II \\ \i II ii' '\ RIVERIN "U<' SHOPPING PL"Z." WENDY'S OU,.p~RCE\.. PREPIJlI!D FOR R1VS1W,.uc; P'Jo1.A JOlIlT VEIfTIJRE Qlrf or .o'll\TOll _~ fI1oOlIO" EXHIBIT "B" \~II .---- --~----- ~------ \\Serverl\proJects\Wendys\Boynton rllverwaJk\A2 dwg Fri Mar 22 la 05:~, 2002 n !~ II , , l~ JIIIIlI!' ~ U'l'lui 2 J II: "lj [-j , ' :t ii II II ,I ~ i\ l -:'lj i I Ilijl1i ! ill,,'iill "',1 1111, I, - - - II !I 1I III (t Fi 1(" I ~ ll-~ , " . II ll' ii ~ " )> :: :::l :: 2 u ~ I' i ~.i II !I 1I t:j EXHIBIT "B" t-l [-j 111=1" !II I I, I -1 '\ U · 'i I' .1 I :1 lillt , 1111' ., Iln! IJ iii II . ii - - - - II Iii I:f II .1 1I !! 'I' " I.! " I" II' II' 11m ~ lil' III IIII\Uilll I II "'II I' 'I ;"1"11" . . . . . . . . I~ I II I '1'1 !I Illlll 1\ , I} III JI I III , ' ,I 1111 II I II 1!1i" II III I I I I " U~ I " .. I 'Ut! il II il II ~! ~! III 111111111 ,dl ,: !I III !II ,Ii !Ii .= I .1 ,I.,. ,I , I I I i! 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"'- c \ ~ % w ~\ I) \ ..~ ~~: \ l , , \ ~,\ ~ I \ \~, - '\ 1 , % i\1 ,!\ \ i\;s" ~~ t \ \ lot \ ~ \' z 9 \ \. ." '\t\ \\~\~ \ ,\ ~ ~ - .J ...""" --\- \ ~ \\ ,~ ~\~ ~ .' .\ ~ ~ \ ~ iJ;+ i ' ,I \ ~ ~. '. \ \ ~ . ~ \ -< ~ ~ \i i =4\\\ ~.~ \ ~ ~=--------' "6" d~ \ \\ ~ \ ! I . ~ i' \ \\\ \\\h ~ Pi\r~' ~ 1 '.1, ' : if \ '\ \. ~ . ~ l i\ l \ '-' \\ it' i . ~ ~ \ ~ ~ . . or._ ~ iii!I!! D~~ ; ~ou.,(<:Ebt!!~~?t t1$S)}'M~~"~ , ~i...,~ fA',(: {!An ~t-l~1 \~l\\~l~~~:.i; ~ ~\\\\ 1'-' -l~:: '\ m\'~~ --..-..... .-.------- .------- EXHIBIT "C" Conditions of Approval Project name: Wendy's @ Riverwalk Plaza File number COUS 02-001 Reference: 2nd review plans identified as Conditional Use/Site Plan with a March 26, 2002 Planning & Zoning date stamp markinl!. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: I All utility easements shall be shown on the rectified site plan and X landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility 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. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of- way. 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 3 Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (LDR, Chapter 6, Article N, Section 16), or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(a)). FIRE Comments: 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 5 Show all eXlstmg utilities on site characteristics map (survey) and site X development plan (LOR, Chapter 4, Section A.3). Master Site Plan and survey do not agree. 6. On the lighting plan, specify that the light poles shall withstand a 110 MPH X wind load. BUILDING DIVISION Comments: 7 Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section3107 1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finished floor elevation _ _ NGVD is above the highest! OO-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations. " b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. Ifthere is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and navin,,/drainage (civil plans). 8. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 edition ofthe Federal Building Code. 9 At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. At the time of permit review, submit for review an addressing plan for the X Proi eel. Conditions of Approval 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: II Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the right-of-way FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 12. Provide a detail of the outdoor lighting structure, including the dimensions, X color, and material. Site lighting to be consistent with shopping center. 13 Site lighting shall not be of an intensity that produces glare on adjacent X properties (Chapter 9, Section I a.C). Staff recommends that the proposed freestanding outdoor lighting fixtures and illumination levels shall be compatible with the existing shopping center. 14 On the site plan, add to the note regarding deliveries the hours of operation X for the restaurant. 15 Include a color rendering of all elevations prior to the Community X Redevelopment Board meeting (Chapter 4, Section 7.D.2.). 16. On the landscape plan plant schedule, indicate the specifications for the X double-trunk Solitaire Palm (PE) trees. 17 All parking lot areas shall be screened with landscaping from public rights-of X way If the construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate as it relates to the intent of the code, then said landscape material shall be enhanced subject to the satisfaction of the City landscape inspector. 18. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers, shall be visually screened (Chapter 9, Section 10.CA). Equipment placed on the walls of the building shall be painted to match the building color. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 19 Re-Iabel the elevation drawing to show that 67.5 feet is the maximum allowed X for all wall signs. 20. Should the building size or frontage slightly change during the permitting X process, all wall signs on the building (north and west elevation) must comply with Chapter 21, Article IV, Section 3 C. 21 On the elevations, correctly label each fal'ade as north, south, east or west. X 22. The current site plan does not show proposed awnings to be placed over the X drive-through windows. Please show these on the plans submitted for building permit review Awnings must comply with all applicable code renuirements. 23. Staff recommends that the audio component and menu board for the drive X through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north. 24 Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is X to be set within which the proposed project is to be developed. Staff recommends that a period of one (I) year be allowed to initiate this project. 25 The project must receive approval for traffic concurrency from Palm Beach X County Traffic Engineering prior to building permit issuance. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: 26. All free standing outdoor lighting fixtures/poles shall meet current wind load X standards. 27 Roof top equipment screening to be no lower than the highest piece of roof X top equipment, including all mechanical and ventilation items. 28. Perimeter or parking lot hedges shall be maintained no less than 30 inches. X 29 The City Forester/Environmentalist shall examine the four (4) trees to be X preserved along the north property line. If found to be in proof condition, they shall be replaced with live Oak trees. Conditions of Approval 5 I DEPARTMENTS I INCLUDE I REJECT I 30. Add 2 trees along west side of "leased parcel", each evenly spaced on both sides of X proposed trees. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 31 To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Wendy's @ Riverwalk\COUS\Condition of Approval 2 page revised 2002 form.doc DEVELopn IT ORDER OF THE CITY COMMIS'-1N OF THE ""TV OF BOYNTON BEACH, FLORID.... PROJECT NAME. Wendy's @ Riverwalk Plaza APPLICANT'S AGENT Land Design Soulh APPLICANT'S ADDRESS: 1280 North Congress Avenue, Suite 215 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT Conditional Use / Major Site Plan Modification LOCATION OF PROPERTY Northwest comer of the Riverwalk Shopping Center located on the south side of Woolbright Road, east of U.S. 1 and west of the Intracoaslal Waterway 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 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 Ihe applicant, members of city administralive staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5 This Order shall take effecl immediately upon issuance by the City Clerk. 6. All further deveiopment on the property shall be made in accordance with the terms and conditions of this order 7 Other DATED' Cily Clerk \\CH\MAI N\SHRDA T A\Planning\SHARED\WP\PROJECTS\Wendy's @ Riverwalk\COUS\DO.doc