REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-213
Chair and Members
Community Redevelopment Agency Board
Michael RumPf~
Director of Planning and Zoning
Kathleen Zeitler ~,....
Planner
December 5, 2006
Chow Hut (SPTE 06-014)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
558 Gateway Boulevard, LLC
Mr. Anthony J. Mauro
558 East Gateway Boulevard (see Location Map - Exhibit "AIf)
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2)
No change proposed
No change proposed
Take Out Restaurant with Outdoor Seating
0.18 acre (8,057 square feet)
Right-of-way for Gateway Boulevard, and further north The Crossings at Boynton
Beach zoned Planned Unit Development (PUD) with single-family attached residential
units;
Northeast 21st Avenue, and further (SE) Boynton-Hypoluxo Animal Clinic zoned C-2,
and (SW) VFW Post 5335 zoned R-3;
BMT Discount Beverage store zoned C-2; and
Coin Laundry self-serve laundromat zoned C-2.
Page 2
Memorandum No. PZ 06-213
Chow Hut SPTE 06-014
BACKGROUND
Mr. Anthony Mauro with 558 Gateway Boulevard, LLC (owner/developer) is requesting a one (l)-year site
plan time extension for The Chow Hut Major Site Plan Modification Development Order (05-007), which was
approved by the City Commission on November 1, 2005. The site plan approval is valid for one (1) year from
the date of approval. If this request for a one (l)-year time extension were approved, the expiration date of
this site plan would be extended to November 1, 2007.
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study
Area I. According to the staff report for the approved major site plan modification (MSPM 05-007), the
proposed Chow Hut is a redevelopment project approved for a 2,548 square foot take-out restaurant with
outdoor seating (1300 sf enclosed building, 1248 sf under roof for outdoor dining, no drive-through window
or indoor seating proposed). The project includes construction of an additional 598 square feet of enclosed
building area to the existing structure of 702 square feet, for a total enclosed building area of 1300 square
feet. The building addition of 598 square feet includes a freezer/cooler room, public handicap accessible
restrooms, kitchen storage area, and ice cream counter. Also, new covered outdoor dining areas under
thatched chickee huts are proposed on each side of the building, with a maximum of 32 seats (including
service bar area).
The Chow Hut, advertising with on site signage as specializing in gourmet comfort food, is proposed to be
open for breakfast, lunch, dinner, and "late late" night meals. A service bar is included within the outdoor
dining area, however, the applicant has indicated that the majority of sales (90%) will be from food, not
alcoholic beverages. The applicant has indicated that there will not be any amplified music played indoors or
outdoors. The site is currently nonconforming to landscaping and ADA requirements. The proposed site
improvements will bring the site up to Code as much as possible by adding architectural interest to the
building, parking designated for handicap use, public restrooms which are handicap accessible, a screened
dumpster with enclosure to match the building color, and landscaping where feasible.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on September 28, 2006, prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "B"), the applicant
explains that (1) they spent a great deal of time with restaurant consultants and kitchen designers over the
last year reviewing and modifying the kitchen layout and service area to efficiently handle the extensive
menu, and (2) the original kitchen designer that they hired for the project was unable to fulfill his obligation,
which resulted in investing nearly six months in a design that ultimately was not able to handle their needs.
The following accomplishment demonstrates their "good faith" effort in moving forward with the project:
their purchase of a coal fire pizza oven which will be the centerpiece of the kitchen. In addition, the
justification explains that other properties they own suffered extensive damage from Hurricane Wilma which
required their attention for repair and restoration.
Page 3
Memorandum No. PZ 06-213
Chow Hut SPTE 06-014
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on the
previously proposed total of 2,420 square feet of restaurant area under roof. The traffic concurrency
approval included a restriction that no building permits are to be issued for the project after the build-out
date of 2006. Prior to public hearing approval, the plans were revised from 2,420 square feet to 2,548
square feet (1300 sf enclosed building, 1248 sf under roof for outdoor dining). A condition of site plan
approval requires the applicant to obtain a revised traffic concurrency approval for the additional 128 square
feet proposed. The revised traffic concurrency approval will also include an updated project build out date, to
coincide with the site plan time extension schedule.
The site plan time extension is still subject to the original 26 conditions of the major site plan modification
approval. Lastly, no new land development regulations are now in place against which the project should be
reviewed and modified. As for application of the Art in Public Places ordinance, site plan approval occurred
prior to adoption of Ordinance 05-060.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan (MSPM 05-007) for
The Chow Hut project. If this request for extension were approved, the expiration of this site plan would be
extended to November 1, 2007. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan for this area and provide economic revitalization.
The proposed Chow Hut project will provide an opportunity for redevelopment in a highly visible entrance
corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall
economic development of the City. If this request for site plan time extension is approved, all outstanding
conditions of approval from the major site plan modification approval must still be satisfactorily addressed
during the building permit process. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval (see Exhibit "C").
5: \Planning\SHARED\ WP\PROJ ECTS\Chow Hut\SPTE 06-014\Staff Report,doc
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LOCATION MAP
Chow Hut
Exhibit A
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EXHIBIT "B"
Chow Hut
558 Gateway Blvd.
Boynton Beach, FL 33435
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PLAf~NING A^i[i----
ZONING DFPT'
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November 30, 2006
The City of Boynton Beach
Development Department
Planning and Zoning Division
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33483
RE: Chow Hut
File No: MSPM 05-007
Location: 558 NE 22nd Ave (Gateway Boulevard)
Dear CRA and Commission Members,
We respectfully request a one year extension to our site plan modification approval. My
Partner Doug Peters and I have spent a great deal of time with restaurant consultants and
kitchen designers over the last year reviewing and modifying our kitchen layout and
service area to efficiently handle our extensive menu. Our original kitchen design
professional that was hired for the project was unable to fulfill his obligation. We
invested nearly six months in a design that ultimately was not able to handle our needs.
Recently, with the help of a great design firm we completed our kitchen layout. Since the
finalization we have had the opportunity to purchase a coal fire pizza oven which will be
the centerpiece of the kitchen. Like the pizza oven each aspect of this project requires a
great deal of research and planning. However we are confident that this effort will help
ensure our long term success.
Unfortunately, my partner and I suffered a substantial amount of damage to our other
properties and businesses following the untimely arrival of hurricane Wilma. We were
forced to shift our focus to the repair and restoration of the losses that we incurred.
However, we were able to walk away from the experience with a great deal of knowledge
that we will use to improve our construction and hurricane preparedness to allow the
Chow Hut to reopen quickly after a disaster. The key to having a successful restaurant is
proper planning and we feel very confident that our plans and specifications are very
close to where they need to be.
As requested, we will also be revising the pages of our approved site plan to incorporate
all conditions of approval as applicable. A copy of the Development Order, including
these conditions, will accompany the submission of the fully amended site plan set. We
will also include all documents and third party letters listed in the conditions approval
that nee be submitted with our permit package.
EXHIBIT "B" - REVIS 0 SITE PLAN
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EXHIBIT "C"
Conditions of Approval
Project name: The Chow Hut
File number: SPTE 06-014
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
To be dertermined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Chow Hut\SPTE\COA.doc