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LEGAL APPROVAL 'The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org April 28, 2004 Mr. Ronald L. Uphoff 4483 D. Willow Pond Road West Palm Beach, FL 33417 RE: File No.: Location: Dunkin' Donuts/Baskin Robbins COUS 04-001 1317 South Federal Highway Dear Mr. Uphoff: Enclosed is the Development Order granted by the City Commission on April 20, 2004, for conditional use/site plan approval.. This approval was for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning District. This approval is valid for one year from the date of Commission approval. In order to maintain vested status, a building permit must be secured or an extension granted within one year of final site plan approval. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC member for additional clarification of comments. Imoortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, WZ/ Michael W. Rumpf Director of Planning & Zoning S:\Planning\SHARED\WP\PROJECTS\Dunkin Donuts-Baskin Robbins\COUS 04-00l\Conditional Use approval letter after CC - new.rtf DEVELOPM( T ORDER OF THE CITY COMMIS"~N OF THE clTY OF BOYNTON BEACH, FLORIDi-\ PROJECT NAME: APPLICANT'S AGENT: Dunkin Donuts I Baskin Robbins Development P&Z Building Engineering Oce. lieen.. Dcpu\}. City Clerk APPLICANT'S ADDRESS: Mr. Ron L. Uphoff 4483-0 Willow Pond Road West Palm Beach, Fl 33417 - ,--,. -----.---- ~.' . DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2003 TYPE OF RELIEF SOUGHT: Request conditional use I major site plan modification approval for the construction of a 2,192 square foot fast-food restaurant with a drive- through facility on a 0.43-acre parcel in the C-3 zoning district. lOCATION OF PROPERTY: 1317 South Federal Highway 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 Community Redevelopment Agency 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 ~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 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: LJ-~.2 -04 S:\PIanoinglSHAREDlWP\PROJECTSIDunIcin Donuts-Baskin Robbins\COUS 04-001100. 0490 ... 1 in. = 100.0 feet " r.n ... C-1 401 0090 0080 0010 0111 0121 0130 5090 O~2 0180 0170 0021 0030 MX-L R-3 LOCATION MAP DUNKIN DONUTS EXHIBIT "A" '0 \It .... _ to .. ... .... 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DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, provide additional information on the plans X regarding the locations of the turn lanes on Federal Hwy. in front of Dunkin Donuts. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Perrnit(s) from the Florida DOT will be required for any work within the X Federal Hwy. right-of-way. 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 of the Land Development Regulations will be required at the time of oermitting. 5. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction oermit application. UTILITIES Comments: 6. Provide a Utility plan showing the location of water and sanitary sewer X service laterals. 7. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree soecies allowed within utility easements. COA 04/08/04 2 DEPARTMENTS INCLUDE REJECT 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 8. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Buildings, structures (such as light poles), and parts thereof shall be designed X to withstand the 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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by addin2 specifications to the site COA 04/08/04 3 DEPARTMENTS data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." INCLUDE REJECT · 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. If there is no base flood elevation, indicate that on the plans; · 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 paving! drainage (civil plans). 14. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit aoolication, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the City Commission. 17. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building tvoe shall be submitted. 18. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. COA 04/08/04 4 DEPARTMENTS INCLUDE REJECT 19. Department of Business and Professional Regulation shall review and X aoorove the plans prior to submittal for a buildinJ?; permit. 20. The outdoor freestanding lighting poles shall be designed to withstand 140- X m.o.h. wind-load caoacitv (Section 1606, Florida Building Code), PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: 21. If possible, staff recommends preserving the existing Podocarpus tree, which X is currently located along the southern property line. This would involve incorporating a landscaped island around the tree and reconfiguring the parallel parking spaces and outdoor freestanding lighting fixture around the landscaped island. A modified landscape plan would be required at the time of permitting. Also, staff recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus tree was originally proposed for relocation. PLANNING AND ZONING Comments: 22. Staff recommends that a period of one (1) year be allowed to initiate this X oroiect (obtain a building oermit). 23. Install clusters of palm trees (preferably native) rather than shade trees within X the remaininJ?; portion of the west landscape buffer. 24. On the elevation "exterior finish materal schedule" on sheet A2, correctly X identify the followinJ?; color: EIFS-3: SW #6385 Dover White (white). 25. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the m-aphic illustration. 26. The base of the freestanding monument sign shall be painted the same color X as one of the building's colors. 27. At the time of permitting, provide a detail of the proposed internally lit menu X board. It must comply with Chapter 21, Article N, Section 2.D. of the Land Development Regulations. COA 04/08/04 5 DEPARTMENTS INCLUDE REJECT 28. Staff recommends that the audio component of the menu board (related to the X drive-through facility) should project its sound in any direction other than west so as to not create a potential disturbance to the residential nei2hborhood 29. Staff recommends incorporating a buffer wall into the design of the west X landscape buffer because the subject property abuts an existing non- conforming residential use. The wall shall be at least six (6) feet in height, stucco, and painted on both sides (Chapter 2, Section 4.L.). The row of Redtip Cocoplum shall be planted on the outside of the buffer wall. This can be accomplished at the time of permitting. All plans must match this modification. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROJECTS\Dunkin Donuts-Baskin Robbins\COUS 04-o01\3RD REVIEW COMMENTS.doc EXHIBIT ROll' , RONALD L UPHOFF PLANNER INSPECTOR 4483-0 WILLOW POND ROAD WEST PALM BEACH FLORIDA 33417 MARCH 6, 2004 to"lOr; . Iflll Illir~_ 8 axu'!111! " L~,_..... . , :','1 ~ \~'.' j -~~""''''''----~;.....L.:. '..::.~. ....:.;.,...;~_......__.,......J TO: THE PLANNING & ZONING DIVISION, CITY OF BOYNTON BEACH, 100 E BOYNTON BEACH BOULEVARD. P.O.BOX 310 BOYNTON BEACH FLORIDA 33425-0310 RE: pROPOSED SITE~LAN FOR DUNKIN DONUTS 1317 S FEDERAL HIGHWAY- BOYNTON BEACH- CONDITIONAL USE JUSTIFCATION A- PROJECT OVERVIEW: The overall purpose and intent of this request to demolish and replace the existing Dunkin Donuts bUilding located at 1317 South Federal Highway. It is based on two primary reasons: 1) The existing Dunkin Donuts store is over thirty years old, undergone several improvements, and is currently nearing the end of its life cycle. So that any further improvements would be economically meaningless and would not resolve the problems created by changing demographics and different customer needs over the past years. 2) Due to changing demographics resulting In a different traffIC pattern and customer needs have generated the need, more than ever, for a drive thru, pick up window. Business, over the years, has transfonned from a traditional' sit down 'coffee shop to a 'take out' high volume coffee shop. Currently approximately sixty percent of the overall busineSs is · take out". The approval of this 'request will better serve the welfare safety and the general health of the community now and into the future B-JUSTlFICA TlON: 1) Current site parking and access configuration creates congestion, conflicting traffic flow and virtually no pedestrian circulation, which is an endangennent to the safety of the customers, visiting the store, and general public travelling along Federal Highway. The proposed site plan will alleviate these problems by providing direct pedestrian access from the public side walk on Federal Highway, improve traffic flow and circulation significantly by allowing a two way traffic on the north side, but at the same time allOwing fUll access around the entire building by providing a by pass lane. It will also alleviate the congestion currently caused by 'take out" customers who have currently to park their vehicles for pick up of their orders, by providing a drive thru pick up window. It will also allow easier and quicker pick up of refuse collection, with separate ingress and egress, currently unavailable and additionally full access and circulation to emergency vehicles around the entire building. 2) The proposed improvements will provide improved buffering to the West Side of the property, by a providing a 6' high solid concrete wall and 4' high hedge. To adjacent properties to the north and south by adding landscaping to soften the noise and activity within the site. The site lighting is shielded on both the west and south property lines to minimize glare and over spill at nighWme. Improvements will add a loading area, currently unavailable, better landscaping, improved night . EXHIBIT MO" . time lighting, better shielding and buffering to adjacent properties resulting in a new facility that will be suited to serve the community better and at the same time promoting the welfare, safety and general health of the community at large. 3) Proposed location and configuration of refuse containment will provide safer and quicker refuse collection. Enclosure, along with proposed landscaping, will shield the refuse container. (Currently there is no enclosure). It is also proposed to use the dumpster access lane also as a loading zone. Although this may raise concerns, typically deliveries occur between 12.00 midnight to 2.00 am whereas refuse pick up is between 6 and 7 am twice a week, and is expected to take only a few minutes with the proposed configuration. Also customer traffic is minimal at this time, and proposed north entrance will allow both ingress and egress for this particular reason, should both the by pass lane and the drive thru lane be blocked at the same time, customers may exit through the north entrance. SpecifICally parking spaces on the south side, of the building, will be designated for the exclusive use of employees only thereby ensuring free access for customers to the building at all times. 4) Currently all the utilities, required for the proposed improvement, including water, sewer, electricity and natural gas are existing, and should be adequate for the proposed improvements. 5) Proposed landscaping, a vast improvement from what is existing will provide better screening buffering, appearance and soften the activity within the site from adjacent properties. The proposed landscaping will comply with the city's latest standards. Irrigation, currently non- existent, will also be provided. 6) Proposed signage will comply with current city codes. Signage will only be provided on the west side of the building, facing federal highway, thereby shielding the south and north properties. A monument sign on the north east comer of the property will replace the current non-compliant pylon sign. Overall square footage will be less than the maximum allowed by the city sign code. The proposed signage will minimize the Impact on the adjacent properties. 7) The proposed set backs exceed the minimum required by the city's codes and additional landscaping along Federal Highway, currently non-existent, will be provided. 8) The proposed use will remain unchanged from its current use. Use is consistent with the current and future zoning designations for the site (Community Commercial- C3) and use of Local Retain Commercial (LRC) and also with the properties located to the north and south. It will serve the high density and medium densities residential properties to the east and west sides well at the same time providing the necessary buffering and screening. 9) The proposed height of 21 feet ,measured at the highest point of the monolith, is well below the code allowed height of 45', thereby providing a building that is in harmony with the adjacent buildings 10) The proposed improvements will benefit the community and the city in providing a better and renewed economic stature and tax revenue base. We believe the proposed improvements are consistent with the city's redevelopment plans for this district and changing demographics. 11) The proposed improvements are in compliance with the city's standards as set forth in Chapter 4 of the land Development Regulations. 12) The proposed improvements are in full compliance with the city's Noise Control Ordinance specifically chapter 15, section 15.8 of the Boynton Beach Code of Ordinances.