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
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 2, 2003 November 17,2003 (Noon.) 0 February 3, 2004 January 19,2004 (Noon)
0 December 16, 2003 December 1,2003 (Noon) 0 February 17, 2004 February 2, 2004 (Noon)
~ January 6, 2004 December 15,2003 (Noon) 0 March 2, 2004 February 16, 2004 (Noon)
0 January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unftnished Business
RECOMMENDATION: Please place this request on the January 6, 2004 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a 4 to I vote, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-300.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Krispy Kreme (MSPM 03-012)
Michelle Hoyland, Jason Mankoffwith Weiner & Aronson, P.A.
Dynamic Doughnuts, Inc.
640 West Boynton Beach Boulevard
Request for Major Site Plan Modiftcation approval for a 20 foot tall "pole sign" on a
1.04-acre parcel in a C-2 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop
City Manager's Signature
~. -ilf-~
. Planning and Zo' Director City Attorney / Finance / Human Resources
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i
DEVELOPMENT DEPARTMENT
PLANNING AND ZONINGDMSION
MEMORANDUM NO. PZ 03-300
STAFF REPORT
TO:
Chairman and Members
Planning & Development Board and City Commission
Michael Rumptf{. (,)10-'
Planning and Zoning Director
Eric Lee Johnson, AICP tl//'
Planner f
December 10, 2003
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
Krispy Kreme / MSPM 03-012
Major Site Plan Modification
PROJECT DESCRIPnON
Property Owner:
Applicant:
Dynamic Donuts, Incorporated
Dynamic Donuts, Incorporated
Agent:
Location:
Ms. Michelle Hoyland with Weiner & Aronson, P.A.
Northwest 1st Avenue (between NW 1st Avenue and Boynton
Beach Boulevard (SR804) east of NW 7th Street). West
Industrial Avenue intersects with Boynton Beach Boulevard
immediately north of the subject property (see Exhibit "A"-
Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC) / Neighborhood Commercial
(C-2)
Proposed Land Use/Zoning:
No change
Proposed Use:
Request major site plan modification to construct a 20-foot
tall pole sign, which would replace an existing eight (8) foot
tall monument sign on a 1.04-acre parcel in the C-2 zoning
district
Acreage:
1.04 acres (45,470 square feet)
Adjacent Uses:
North: Right-of-way of West Boynton Beach Boulevard (SR 804), then property classified
Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and
developed with a service station (Texaco) to the northwest; to the northeast the
Staff Report - Krispy Kreme (MSPM 03-012)
Memorandum No PZ 03-300
Page 2
intersection of Boynton Beach Boulevard and West Industrial Avenue and farther
east, right-of-way of Industrial Avenue then developed property classified Industrial
(I) and zoned LIght Industrial (M-l) (the locations of L10yds Auto Electric and Foster
Oil);
South:
Right-of-way of NW 1st Avenue, then property classified Low Density Residential,
zoned Single family Residential (R-l-A) and developed with single family homes;
Property classified Medium Density Residential (MeDR), zoned Duplex Residential
(R-2) and developed with duplex (two-family) homes; and
East:
West:
Developed property classified Local Retail Commercial (LRC), zoned Neighborhood
Commercial (C-2) and occupied by a dental/medical office building.
BACKGROUND
Proposal:
Ms. Michelle Hoyland, agent for Dynamic Donunts, Incorporated is requesting a
major site plan modification to replace an existing eight (B) foot tall monument sign
with a 20-foot tall aluminum pole sign for the Krispy Kreme donut shop, located at
640 West Boynton Beach Boulevard.
Site Characteristic: Originally, the Krispy Kreme parcel consisted of three (3) separate lots with
different zoning districts. The eastern portion (O.26-acres) was zoned R-2 and the
western portion (O.7B-acres) was zoned C-2. The project included the approval of
a concurrent rezoning application (LUAR 01-00B) that changed the underlying land
use from R-2 to C-2. The developer razed the two family dwelling units that were
built on the eastern lot and combined it with the commercially-zoned lot. The drive
through facility for the restaurant required conditional use approval. The City
Commission approved the Krispy Kreme project (COUS 01-005) on January 15,
2002. The site plan (sheet Sl) shows the location of the existing monument sign.
The structure was approved at eight (B) feet in height and sits 10 feet away from
both the west and north property lines. The abutting Boynton Beach Boulevard
right-of-way varies in width. In fact, the abutting right-of-way is much wider along
the eastern portion of the property than it is on the western portion of the
property. However, the entire portion of the right-of-way that abuts the subject
property is a grassy swale area and is to remain free from visible obstruction.
Concurrency:
ANALYSIS
Traffic: The proposed 20-foot tall pole sign would have no impact on traffic and therefore,
the project meets the Traffic Performance Standards of Palm Beach County;
Drainage: The proposed 20-foot tall pOle sign would replace the existing monument sign.
This would have little or no impact on drainage;
School: School concurrency would not be applicable to this type of project of modification.
Staff Report - Krispy Kreme (MSPM 03-012)
Memorandum No PZ 03-300
Page 3
Driveways: The site plan (sheet S1) shows an existing driveway opening on Boynton Beach
Boulevard. It would not be altered as a result of this request for major site plan
modification.
Parking Facility: Restaurants require one (1) parking space per 100 square feet of gross floor area.
Therefore, a total of 47 parking spaces are required. The site plan (sheet S1)
shows that 53 spaces have been provided. No parking lot changes are proposed as
a result of this request for major site plan modification.
Landscaping: The existing pervious or "green" area is 8,280 square feet or 18% of the total site.
Much of the perimeter of the site Is constrained with overhead power lines. Most
tall growing palm and shade trees would conflict with the gUidelines of Florida
Power & Light's "Right Tree, Right Place" publication. However, when the project
was originally site planned, an attempt was made to buffer the subject commercial
property from the adjacent residential properties. The developer installed seven (7)
Ironwood shade trees spaced every 20 feet along the east property line and eleven
(11) Cassia shade trees were installed every 25 feet along the southern property
line. Chapter 7.5 of the Land Development Code only required one (1) tree spaced
every 30 feet along these property lines. The aforementioned trees were placed in
such a way as to create a continuous upper level canopy, serving as a formidable
uninterrupted buffer along the east and south property lines. The landscape plan
(sheet Ll) that was approved with the original application showed Cassia trees
installed along the north property line within the front landscape buffer. These
trees, installed at 12 feet in height, will eventually grow up to 25 feet in height.
The location of the existing freestanding sign, if allowed at 20 feet in height, would
conflict with the canopy of the existing shade trees. This conflict is the reason why
staff recommended that the freestanding sign be eight (8) feet in height. Also,
staff aCknowledges that property owners want the freestanding signs to as close to
the roadways as pOSSible for higher degree of visibility. Staff has no objection to
this need. However, the problem arises when a conflict occurs between the
visibility of a sign and the mature canopy of a tree. The intent of the Land
Development Regulations is often circumvented when, after Installation and
maturity, a property owner "hatracks" or removes the trees because It obstructs
views to project signage. Installing a 20-foot tall pole sign now is really just a
short-term solution for the property owner that would lead to conflict in the future.
Staff analyzed the status quo and made some recommendations to the Land
Development Regulations that were approved by the Community Redevelopment
Agency, Planning & Development Board and City Commission. This is discussed in
the "Signage" section below.
Building and Site: The building and overall site design would not be altered as a result of the
proposed major site plan modification.
Design:
The building and overall design of the site would not be altered as a result of the
proposed major site plan modification.
Signage:
The current Land Development Regulations regarding commercial and industrial
signage allows freestanding pole, pylon and monument signs up to 20 feet in
Staff Report - Krispy Kreme (MSPM 03-012)
Memorandum No PZ 03-300
Page 4
height. Staff has been successful in negotiating with developers for lower
monument signs (ground signs) limited to correspond with project scale and city
direction. Increasingly, developers of smaller sites have been more resistant to
staff's overtures, instead looking to increase their visibility and marketability by
proposing pylon signs at the maximum 20-foot limit. This project would represent
such an example of a developer who wants a taller sign. However, with keeping
the sign heights at bay, the more recently approved projects have gone a long way
to improve the visual Image of the city. Still, by code, all of the commercial
projects and industrial projects approved within the last few years could have had a
20-foot tall pylon sign in front of their respective businesses which, if approved,
would likely have conflicted with the vision held for the City as well as with the
stated purpose of the City's sign regulations. The purpose of the City's sIgn
regulations is, in part, to "...promote the ...aesthetics of the City". In October of
2003, staff analyzed the Land Development Regulations with special emphasis on
the maximum allowable sign height and allowable type of freestanding structures.
Staff proposed several amendments to the code (P&Z Memo No. 03-246).
Proposed amendments to the code that would directly impact this project include
the following recommendations:
1. Eliminate pylon sign as an allowable sign type in the sign code. Pylon signs
are defined as signs that are on a freestanding pole(s) or other
freestanding support so that the bottom edge of the sign face is 6-feet or
more above grade. Currently these signs are allowed up to a height of 20-
feet;
2. Amend the definition of freestanding sign to read: a monument or ground-
mounted sign Identifying the use of the property upon which it is located.
Ground-mounted signs may be supported by one or more poles, provided
that the bottom of the sign or cabinet is no more than two (2) feet above
grade and that the poles and complete length of the sign or cabinet are
clad in the same or like material, completely to the ground. Alternatives to
the cladding requirement may be considered if the design of the sign
follows the architectural design of the building(s);
3. Add a requirement of all new freestanding signs, that the numerical
address be an Integral and prominent part of the sign; and
4. For all single tenant sites and all multiple tenant sites under four (4) acres,
monument signs shall be the only type of freestanding sign allowed. On
roadways of 6 travel lanes or greater, a monument sign may not exceed
12-feet in height. On roadways consIsting of 4 travel lanes, a monument
sign may not exceed 8-feet in height. Other criteria such as surrounding
properties, speed limit and scale of the project may be justification for the
further reduction in maximum height to a 6-foot limitation. On roadways
consisting of 2 travel lanes, a monument sign may not exceed 6-feet In
height. Again, speCial circumstances (such as those noted above) may
justify a further reduction In sign height.
Staff Report - Krispy Kreme (MSPM 03-012)
Memorandum No PZ 03-300
Page 5
It is obvious that the proposed 20-foot pole sign would be in violation of all
proposed amendments to the Land Development Regulations. The proposed
structure Is a "pole" style sign. The changes to the Land Development Regulations
would only allow a "monument" style sign, which Is defined above. Also, the
Wesco Sign elevation shows no site address. This would be In violation of #3.
Finally, under the new code, this property would be eligible for only a 12 foot tall
monument sign, not a 20-foot tall sign, as proposed. Therefore, the proposed
project would be in direct violation of a majority of the proposed text amendments.
The Planning & Development Board on October 29, 2003, the Community
Redevelopment Agency on October 30, 2003, and the City Commission on
December 2, 2003 approved the above-referenced text amendments. The second
reading of the ordinance adopting the amendments is scheduled for December 16,
2003.
The proposed project resembles the type of sign products that represent
Inconsistent sign patterns throughout major arterials such as Okeechobee
Boulevard in West Palm Beach or International Drive in Orlando. It is the opinion
of staff that this is not the desired image of Boynton Beach Boulevard or the City of
Boynton Beach. The subject request for major site plan modification was filed prior
to the second reading of the above-referenced ordinance, and therefore, is eligible
for processing. The applicant maintains that there is little visibility from the west to
the east for the sign where It is currently placed, In part, because of the presence
of another tall project sign, which is located on the abutting property directly to the
west. The original/existing sign location was apparently selected as a factor of
adjacent right-of-way width. At its current location, the width of the right-of-way Is
the narrowest. Although It Is typically preferable to locate a project sign at the
project entrance, that location would maximize its distance from the Improved
right-of-way, and has limited space due to the location of the hydrant, parking
spaces, and adjacent landscape buffer. Alternatively, due to the limited space and
setback requirements, staff would support the elimination of a parking space (the
project was approved with a surplus of 7 spaces), adjustments to the landscaping
to maximize visibility while maintaining compliance with code, and a setback
variance which may be justified by the unique, unimproved right-of-way adjacent
to the project. This all may be necessary to accommodate the sign at the preferred
location, the project entrance, which would also separate the sign from the larger,
adjacent sign that is currently impacting views to the subject sign (see Exhibit "C"-
Conditions of Approval).
RECOMMENDATION:
The Technical Review Committee (TRC) has reviewed this request for major site plan modification and is
recommending that the request be denied, based on the pending sign code changes, and as further
justified above. If the application is supported by the Commission, staff recommends that the approval be
subject to the conditions indicated in exhibit "C". This list includes the condition that the sign be located
near the project entrance Any additional conditions recommended by the Board or City Commission shall
be documented accordingly in the Conditions of Approval.
EJ
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EXHBIT "C"
Maior Site Plan Modification
Project name: Krispy Kreme
File number: MSPM 03-012
Reference: 1 streview plans identified as a Maior Site Plan Modification with an October 22. 2003 Planning
and Zoning Department date stamD marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments:
1. At the time of permitting, provide a plan that shows all easements so that it X
may be verified that the monument sign is a minimum of 10 feet away from
any utility main or service lateral.
2. The provided plans should reflect existing conditions. Work is shown on the X
provided site plan that indicates proposed work. At the time of permitting,
please revise the plans accordingly.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
3. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph, Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application. Clearly show
the location and height of the existing sign on the drawings, New wind load
COA
12/19/03
2
DEPARTMENTS INCLUDE REJECT
calculations shall be submitted at the time of permit application. 2001 FBC
1606.1.
4. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
5. The owner shall replace all of the dead trees on the site. There are two (2) X
dead trees on the north side of the site next to the Cassia trees. There are also
six (6) to eight (8) dead trees along the outside (south) landscape buffer next
to the other Cassia trees.
PLANNING AND ZONING
Comments:
6. Staff recommends that the applicant relocate the existing sign structure to the X
east rather than erecting a 20-foot tall pole sign. A possible solution would be
for the monument sign to be located near the main entrance. A variance
request should be explored with staff (for a sign closer than 10 feet from the
property line as normally required by code) due to the possibility of a
hardship of such a wide Bovnton Beach Boulevard right-of-way.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
7. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
8. To be determined.
S:\Planning\SHARED\WP\PROJECTS\krispy kreme\MSPM 03-012\COA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda request (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached IZI
All exhibits are attached & marked e. ., Exhibit "A' IZI
Department Head's initials: ~
Krispy Kreme (MSPM 03-012)
Please do not write in the shaded area below.
LegalDepartlll~nt signatUre D
City Manager's signature
o
" .
. . "
. " "
m~ 'RETuRNED "FOR 1rtEFOLLOWING REASON(S):
~;grj.awte(~)miSSin9 0 .
,lncomplete SUbmittal 0
Missed deadline 0
other' 0 Reason: "
. - . .
" ..
'P~rs9nCpntactedtb pick up rejected request
lW.. ,"" . ." .
bg - 7/19/02
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on
(Date)