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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) (8J July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM (8J 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 July 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on June 27, 2006.
, For further details pertaining to the request, see attached Department Memorandum No. 06-121.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Winchester Park Boulevard at Boynton Commons Plaza
Request for Conditional Use / New Site Plan approval for a 1,674 square foot fast food
drive-in restaurant and related site improvements on a 1.70-acre parcel in a C-3 zoning
district.
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/ A
ALTERNATIVES, A1J1n:~
Developm~J':f!f~irector City Manager's Signature
A.tJ~
Planning and n g Drrector City Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Sonic\Agenda Item Request Sonic Drive-in Rest COUS 06-002 7-18-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-121
TO:
Chair and Members
Planning & Development Board
Michael RU~(p"
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
June 2, 2006
PROJECT:
Sonic Drive-in Restaurant / COUS 06-002
REQUEST:
Conditional Use approval for a drive-in restaurant
PROJECT DESCRIPTION
Property Owner: Winchester, Winchester, Zeiher & Schroeder, FL GP
Applicant/Agent: Mr. Jon E. Schmidt of Jon E. Schmidt & Associates
Location: East side of Winchester Park Boulevard between Boynton Beach Boulevard
and Old Boynton Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Fast food drive-in restaurant
Acreage:
74,052 square feet (1.7 acres)
Adjacent Uses:
North :
Vacant commercial parcel, then ingress/egress drive for Boynton Commons
Shopping Center and developed commercial, zoned Planned Commercial
Development (PCD) and farther north is right-of-way of Old Boynton Road;
South:
ABC Rne Wines, zoned Community Commercial (C-3) and farther south
right-of-way of Boynton Beach Boulevard;
East:
Boynton Commons Shopping Center, zoned Planned Commercial
Development (PCD) and farther east right-Of-way of Congress Avenue; and
West:
Right-of-way of Winchester Park Boulevard and farther west Wal-Mart
Supercenter, zoned Community Commercial (C-3).
Sonic - COUS 06-002
Page 2
Memorandum No. PZ 06-121
BACKGROUND
Mr. Jon E. Schmidt, agent, is requesting Conditional Use / New Site Plan approval for a 1,674 square foot
fast-food drive-in restaurant. The subject parcel is vacant and located on east side of Winchester Park
Boulevard between Boynton Beach Boulevard and Old Boynton Road, abutting the Boynton Commons
shopping center. The parcel is one of two vacant parcels with a C-3 zoning designation located between
the developed ABC Fine Wines property and the ingress/egress drive for Boynton Commons. The second
vacant parcel (immediately north of the proposed Sonic) is denoted as future development on the plans.
A fast-food restaurant is a permitted use in the C-3 zoning district, however having a drive-in design
component, the proposed Sonic Restaurant is required conditional use approval (see Exhibit "C" -
Justification). The drive-in feature is a covered area on the north and south portion of the building.
Operationally, a car would enter one of the parking spaces under the canopy, an order for food would be
placed through a call box/individual menu board, and delivered for consumption within the car. This
restaurant concept is reminiscent of the drive-in restaurant facilities of the 1950's. Additionally, there are
ten (10) tables with seating for four (4) each, which facilitates outdoor dining under the canopy area, for
those who do not wish to dine in their vehicle.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.0 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:
1. 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 Sonic project would provide a one-way entrance drive off of Winchester Park Boulevard to
facilitate the one-way traffic circulation pattem around the building. A second point of ingress, as
well as the only point of egress is located on the existing driveway connection on Winchester Park
Sonic - COUS 06-002
Page 3
Memorandum No. PZ 06-121
Boulevard for Boynton Commons shopping center. The subject parcel's secondary means of ingress
and sole egress point is proposed to cross the vacant commercial lot to the north, through a
recorded cross-access agreement Any future project on this adjacent lot will undoubtedly utilize this
same driveway. An agreement already exists between these two vacant parcels and the shopping
center for the utilization of their driveway connection with Winchester Park Boulevard.
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 the ratio of either one (1) parking space per 2.5
seats or one (1) parking space per 100 square feet of gross floor area, whichever is more stringent
The site plan (sheet SP-l) shows that 40 outdoor dining seats are proposed. As such, the proposed
restaurant would require a total of 16 parking spaces. Secondly, the size of the building is 1,674
square feet, which would require a total of 17 parking spaces. Therefore, the larger number of
required spaces (17) would be reqUired. There are a total of 34 parking spaces provided, 26 of which
are under canopy with the option of being served in your vehicle. Parking areas would be located on
the north, south and west sides of the building. Vehicular circulation would be maintained
throughout the entire lot in a one-way pattern. The proposed loading zone would be located on the
east side of the building. The proposed business and associated site improvements should operate in
a manner similar to the surrounding commercial uses and have little if any adverse effect on
neighboring properties.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The dumpster enclosures would be located at the southeast comer of the lot. The refuse and service
area would be located such that it would be unobtrusive to pedestrian and vehicular traffic and least
noticeable from Winchester Park Boulevard. The dumpster location is positioned in such a way to
facilitate efficient removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
s. Screening, buffering and landscaping with reference to type, dimensions, and character.
The landscape plan (sheet LP-l) shows the utilization of the type of landscape material already
existing along the buffer areas of Boynton Commons, including Live Oak trees, Sabal Palm trees and
Cocoplum shrub material, and the use of a water source other than potable water. The applicant has
met all of the minimum landscaping requirements and has actually decreased the spacing between
trees to assist in the screening of this primarily outdoor operation. Additionally, the applicant has also
provided the necessary landscaping of the cross-access drive across the second vacant parcel to
Sonic's point of egress on the Boynton Commons entrance drive from Winchester Park Boulevard,
through the use of Live Oak trees and Cocoplum hedges lining each side of the drive aisle.
Sonic - COUS 06-002
Page 4
Memorandum No. PZ 06-121
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 one (1) wall sign for the Sonic Restaurant. The wall sign is
proposed on the front (west) side of the building. On the elevations (Sheet A2) the sign, when
scaled, appears to be approximately four (4) feet high and eight (8) feet in length. The colors as
shown on the elevations, are Sonic's prototypical, nationally recognized trademark colors and design.
The sign displays the ''Sonic Red" lettering, on the "Sonic Yellow" background, accompanied by the
"Sonic Blue" accent. The wall signage area would easily comply with Chapter 21, Article Ill, Section
3. C of the Land Development Regulations.
The applicant is also proposing one (1) monument sign to be located in the northwest comer of the
parcel, placed ten (10) feet from the west property line. This freestanding monument sign is
proposed to be masonry construction with a stucco finish, painted two-tone to match the building
(SW 7119 - "Venetian Lace" and SW 6127 - ''Ivoire''). The monument as proposed is approximately
eight (8) feet tall by eleven (11) feet in width.
The applicant proposes the use of 20 foot tall parking lot lighting fixtures similar to those existing in
parking areas of the surrounding commercial projects. Even though there are no residential
structures in the immediate vicinity of this project, staff recommends the light fixture detail depict
the type of baffling/shielding proposed to ensure there is no light spillage onto adjacent properties
and that the lighting element itself not be visible from those adjacent properties. (see Exhibit ''D'' -
Conditions of Approval).
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C-3 zoning district, with the front
canopy of the building being setback 77 feet from Winchester Park Boulevard, side setbacks of 31
and 44 feet and a rear setback of 58 feet.
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 would be minimal off-site impact and no adverse effects would
occur from the fast-food restaurant use. The proposed building, colors (soft earth tones) and roof
material (barrel tile in a soft earth tone palette) are compatible with the existing buildings in the
shopping center and other surrounding commercial parcels.
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 building is designed as a
one-story structure. The top of the principal parapet wall would be approximately 15 feet tall, as will
the barrel tile roofed canopies over the drive-in parking spaces. The highest portion of the parapet
wall is proposed at 20 feet - 4 inches, according to Sheet A2. The building height and characteristics
are compatible with the surrounding built environment, including the use of earth tone barrel tile roof
Sonic - COUS 06-002
Page 5
Memorandum No. PZ 06-121
material and light earth tone building colors and texture. These building characteristics will provide
the appearance of harmony with ABC Fine Wines and Boynton Commons and other surrounding
development.
10. Economic effects on adjacent and nearby properties, and the city as a whole,
The proposed fast-food restaurant would constitute additional convenience and choice for the City
residents. With its close proximity to neighboring commercial development, it makes the proposed
site an ideal location for this type of use. This store would represent the only Sonic currently in the
entire county.
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, (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would 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 fast-
food restaurant would operate in a manner that is in compliance with the above-referenced codes
and ordinances of the City of Boynton Beach.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for Conditional Use / New Site Plan be
approved subject to satisfying all conditions of approval as contained in Exhibit "D" - Conditions of
Approval. 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 for obtaining a permit.
S:IPlanninglShared\ WpIProjectslSoniclStaff Report,doc
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EXHIBIT C
s(;_ ...C, BOYNTON BEACH
Rev May 23, 2006
D. STANDARDS FOR EVALUATING CONDmONS USES. 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 faithful adherence to and fulfillment of such
restrictions and 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:
JUSTIFICATION FOR C ~IDmONAL USE
1. 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.
Ingress is available from a main entry located off Winchester Park Blvd. and a secondary
ingress and egress to the adjacent shopping center to the north. Vehicular circulation is
separated from pedestrian circulation and access to emergency vehicles is available to
all sides of the building.
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1. 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.
Off street parking requirements are exceeded in the proposed design and allow for safe
and efficient access. The property is located within the middle of numerous commercial
developments and development will have no negative impact on surrounding properties.
3. Refuse and service areas, with particular reference to the items in subsection 0.1. and
D.2. above.
Refuse containers are located to the rear of the property and are located out of the path
of the main circulation system. Adequate room for truck maneuvering is provided.
4. Utilities, with reference to locations, availability and compatibility.
As stated above, this development is located adjacent to multiple existing commercial
developments. All utilities are located directly adjacent to the site and will not cause any
additional public infrastructure improvements.
5. Screening, buffering and landscaping with reference to type, dimensions and character.
The proposed buffering and landscape exceeds the current land development code and is
designed to be in character with the existing developments by incorporating like
materials and design standards.
Justification
Sonic Boynton Beach
Page 2 of 3
6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic
effect and compatibility and harmony with adjacent and nearby properties.
Only one monument sign is proposed for the property frontage on Winchester Park Blvd.
The lighting and development of this property is a compatible commercial use and will
work in harmony with the surrounding development,
7. Required setbacks and other open spaces.
The proposed site layout exceeds all required setbacks and open space requirements.
8. General compatibility with adjacent properties and other property in the zoning district.
The proposed development is a compatible commercial use and can only compliment the
adjacent properties of the area.
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 structure is one story and compatible with all adjacent structures.
10. Economic effects and adjacent and nearby properties and the city as a whole.
"Sonic", a highly regarded national restaurant chain, is a very sought after dining
experience. This will draw patronage and can only effect nearby properties and the City
as a whole in a positive way by providing a high quality sales and service product for all
the area to benefit from.
11. Conformance to the standards and requirements which apply to site plans as set forth in
Chapter 4 of the City of Boynton Beach Land Development Regulations.
The proposed development is being submitted for review and conditional use approval
and will meet or exceed all Land Development requirements.
12. Compliance with and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
No odors or fumes will be carried out of the area or be carried into any residential
district. No noise will be conducted on the site that would not be in compliance with
Chapter 15, Section 15.8.
"
Justification
Sonic Boynton Beach
Page 3 of 3
13. Required analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis:
a, Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the City Code will be met.
NOT APPLICABLE
b. The analysis shall specify the authority and/or basis for determination of the acoustic
level of the sound emitting devices/equipment.
NOT APPLICABLE
c. The analysis of any sound retention, reduction or reflection shall include information
such as the nature, types and coefficients of sound absorbent and sound-reflecting
materials to be used, coatings of surfaces of ceilings, walls, windows and floors and
insulation to be used.
NOT APPLICABLE
d. It shall also verify that sound standards shall be met during the normal opening of
doors for people entering and exiting the establishment.
NOT APPLICABLE
EXHIBIT "D"
Conditions of Approval
Project name: Sonic
File number: COUS 06-002
Reference: 3rd review plans identified as a Conditional Use with a May 23,2006 Planning & Zoning date stamp
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mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments:
1. The proposed Laurel and Live Oaks adjacent to the dumpster enclosure X
location present a vertical conflict for solid waste pickup. Relocate trees
away from the dumpster enclosure or specify an alternate species (such as
palms) to allow clear vertical movement for solid waste equipment.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
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. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
4. Provide proposed and existing water and sanitary sewer main sizes for this X
plan submittal. As-built information may be obtained from the City of
Boynton Beach Utilities Dept. (561-742-6400).
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
7. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a).
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
8. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
9. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. PVC material not permitted on the City's water system. All lines shall be X
DIP.
11. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
12. Utility construction details will not be reviewed for construction X
acceptability 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)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
13. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets. Correct all plans to match.
14. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
15. The plans indicate the storm sewer system ties into the existing drainage X
within the Winchester Park Blvd. right-of-way. Provide written verification
from the storm sewer system owner/maintainer that this is acceptable and
that the system has the capacity to accept the additional flows.
16. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
17. Full drainage plans, including drainage calculations, in accordance with the X
DEPARTMENTS INCLUDE REJECT
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
18. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
19. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
20. Indicate within the site data the occupancy type of the building as defined in X
2004 FBC, Chapter 3.
21. 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 2004 FBC, Section 1609 (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.
22. At time of permit review, submit signed and sealed working drawings ofthe X
proposed construction.
23. 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 adding specifications to the site
data that address the following issues:
A 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."
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. If there 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 paving/drainage (civil plans).
24. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
25. A water-use permit from SFWMD is required for an irrigation system that X
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
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 application, F.S. 373.216.
26. 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:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B 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)
27. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
28. 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 by the City Commission.
29. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. lfthe project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
30. Canopy shall be designed to withstand 140 mph wind load per 2004 FBC, X
Chapter 16. Submit details for review.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
31. Landscape Plans Sheets LP-l. LP-2 X
All shade and palm trees on the Plant list must be listed in the specifications
as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground),
and Florida #1 (Florida Grades and Standards manual). The height of the
trees may be larger than 12'-14' to meet the 3" diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
32. The details section for the Shrub and Groundcover Planting Detail should X
include a line indicating where the height and spread of the plant will be
I DEPARTMENTS l INCLUDE I REJECT I
measured at time planting and inspection.
33. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed building and parking
facility from the Winchester Park Boulevard road right-of-way.
34. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
35. This project will require a cross access agreement with the property to the X
north.
36. Clearly identify the site address at the top of the monument sign (Chapter X
21, Article IV, Section 2.B.).
37. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of permitting.
38. All signs must be located a minimum of ten (10) feet from any property line. X
39. Provide a detail of lighting fixture depicting the type of baffling/shielding X
proposed to ensure there is no light spillage onto adjacent properties and
that the lighting element itself is not visible from those adjacent properties.
40. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Sonic\COA.doc
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO:
Jr,vri~M"
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FAX:
(,5f- 6btf/
FROM:
DATE:
7-3-tJ(,
NUMBER OF PAGES: (including
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If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
TRANSMISSION VERIFICATION REPORT
TI"1E
NA"1E
FAx
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SE=<.#
07/02/2006 22:42
PLANNING
5617426259
BROL3J876851
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
07/02 22:41
95595691
00:00:51
03
OK
STANDARD
ECM
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
Lit~r~J 2
TO:
Ed Breese, Principal Planner
. '. ,.-,{
FROM:
David N. To1ces, Assistant City Attorney mn
DATE:
June 29,2006
RE:
City of Boynton Beach ("City") / Suncoast Royal Investments, LLC and
Riverside National Bank Cross Parking and Ingress-Egress Easement
Agreement
Pursuant to your request, I have reviewed the proposed Cross Parking and Ingress-Egress
Easement Agreement ("Agreement") related to the proposed development of the Sonic
Restaurant on Winchester Park Boulevard in conjunction with the parcel owned by Riverside
National Bank. Based upon my review of the Agreement, I have the following comments:
1. Prior to the City accepting this Agreement, the parties to the Agreement should provide
the City with a Title Opinion certifying that Suncoast Royal Investments, LLC and
Riverside National Bank are the owners of the property which will be burdened by the
proposed Cross Parking and Ingress-Egress Easement.
2. The actual easement documents should be made an exhibit to this Agreement.
3. There should be an actual sketch and legal description for the easements that will be
located on the property. Exhibit "D" to the Agreement merely shows a handwritten
driveway easement. It would be more appropriate to actually have the easement
document that the parties will sign as well as the actual sketch and legal of the easement
or easements that will be located on the property.
4. The easement that is provided should also include a provision that the easement can not
be released or vacated without the approval of the City Commission of the City of
Boynton Beach, Florida.
5. In Paragraph 2 there is a provision that the grant of easement would also include a
provision for a "sign easement in favor of Suncoast". The provision of a sign easement
may not be consistent with the requirements of the City's Land Development Regulations
in sign code. Therefore, before the parties agree to provide for a "sign easement" they
should verify with the City whether or not the sign easement would be appropriate.
6. In Section 5, Paragraph 3, there is additional information that must be provided with
respect to the sharing of the cost of the work.
7. In Paragraph 13, the term of this Agreement should also reference the fact that the
proposed easement will run with the property described in Exhibits "A' and "B" which
are the Sonic and Bank parcel, respectively.
8. In the notice provision there should probably be a notice to:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Please forward these comments to the representatives for both, Suncoast Royal Investments, LLC
and Riverside National Bank for their review and comment. Once the Agreement has been
revised and the additional exhibits have been provided, I suggest that you forward the legal
descriptions and sketches to the City Engineer in order for him to review them for accuracy prior
to the City's acceptance of the Agreement.
If you have any further questions or concerns, please do not hesitate to contact my office.
Endosure( s)
DNT:js
H:\1990\900 I 82.BB\MEMO 2006\Breese (SunCoast Royal Investments and Riverside Bank),doc
C:\Documents and Settings\jonese\Local Settings\Temporary Internet Files\OLK4\Breese (SunCoast Royal Investments and Riverside Bank),doc
Breese, Ed
From:
Sent:
To:
Subject:
Breese, Ed
Wednesday, May 24, 2006 8:40 AM
Tolces, David
FW: Easements between Sonic and Riverside
Importance:
High
~
Easement Sonic
April 26 200S.d...
David,
Could you please review this cross-access easement agreement between Sonic
Restaurant and Riverside Bank (both tentative projects on Winchester Blvd.) to determine
legal sufficiency, as this agreement is currently a condition of approval for the Sonic
project. Thanks! Ed
-----Original Message-----
From: Chris [mailto:csbender@bellsouth.net]
Sent: Tuesday, May 23, 2006 3:21 PM
To: Breese, Ed
Cc: 'Jon Schmidt'; 'Tammy Ervine'
Subject: FW: Easements between sonic and Riverside
Importance: High
Hi Ed.
I like that email address, sounds breezy.
Please find the attached proposed easement agreement between the two
properties
on Winchester Park Rd.
Regards,
Chris Bender
8496 Yorke Road
Wellington Florida, 33414
Office: 561.357.5535
Cell: 561.312.4848
Fax: 561.357.5770
Email: CSBender@Bellsouth.net
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