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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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) L8J February 13, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business L8J Public Hearing 0 RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 07-003. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Polio Campero (NWSP 07-003) Oscar Tazoe, Kimley-Horn & Associates, Inc. 1950 Congress Avenue, LLC Boynton Town Center, east side of Congress Avenue, approximately 820 feet north of Old Boynton Road. Request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot #4 of the approved Boynton Town Center proj ecl. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develop City Manager's Signature Assistant to City Manager 1L_GI) ~~ Planning and Zom g DIrector City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Out Parcels\Pollo Campero\Agenda Item Request Pollo Campero NWSP 07 -003 2-13-07.doc S'\BULLETIN\FORMS\AOENDA ITEM REQUEST FORM.DOC 7.E.l POLLO CAMPERO (NWSP 07-003) NEW SITE PLAN DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-003 STAFF REPORT FROM: Chair and Members of the Planning and Development Board and City Commission .:\ \i) f2-,' Michael Rumpf \..)\ Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: January 8, 2007 PROJECT NAME/NO: Polio Campero / NWSP 07-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Polio Campero Agent: Oscar Tazoe of Kimley-Horn & Associates Location: East side of Congress Avenue approximately 820 feet north of 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 Use: Request new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on Outlot #4 of the approved Boynton Town Center project. Acreage: 38,207 square feet (0.877-acres) Adjacent Uses: North: Undeveloped parcel of Boynton Village with a Mixed Use - Suburban (MX-S) land use designation, zoned Suburban Mixed Use (SMU); South: Undeveloped outlot #3 of Boynton Town Center (approved for Red Lobster) with a Local Retail Commercial (LRC) land use designation, zoned Planned Commercial Development (PCD); East: Undeveloped parcel (proposed Linens-n-Things site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 2 West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). Site Characteristic: According to the site plan, the subject site is currently vacant, and approximately 200 feet deep and 170 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #4). It is the fourth parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target and Linens-n-Things buildings. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Oscar Tazoe of Kimley-Horn and Associates, representing 1950 Congress Avenue, LLC, is requesting site plan approval for the construction of a 3,289 square foot drive-through restaurant on the 0.877-acre parcel. Outlot #4 is the northernmost of the four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25-acre site located at the northeast corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20, 2005, and while it depicted each of the outlots, the in-depth detail for Outlot #4 was to be provided through the submittal of a subsequent site plan application, as was done for Red Lobster, Smokey Bones and RBC Centura Bank before it. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005, Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist in the issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain intersection improvements (i.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the initiation of the necessary road improvements noted in the Boynton Village & Town Center development order(see Exhibit "C" - Conditions of Approval). The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and infrastructure Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 3 improvements may be required, especially on the water delivery system for the project, depending on the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C5) shows that three (3) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the northwest corner of the parcel, which serves as a cross-access drive with the retail buildings on the south side of the Boynton Village mainstreet. The second point of ingress/egress proposed at the southeast corner of the property would connect with the major north/south access drive located to the east of all of the outlots. A third point of ingress/egress is proposed at the southwest corner of the parcel, and serves as a cross-access drive with Outlot #3 to the south. Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet C5) proposes a 3,289 square foot restaurant, which would require 17 parking spaces. The plan depicts 41 parking spaces, including two (2) designated for handicap use. Therefore, there would be twenty-four (24) excess parking spaces provided. The master developer also entered into cross-access and cross- parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9.5 feet in width and 18.5 feet in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 9,060 square feet or 33.64% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 25 foot landscape buffer along the west (Congress Avenue) side of the project and included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. This 25 foot landscape buffer is the master developer's responsibility for installation and maintenance, along with Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 4 various other site improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (CO.) will be issued for Polio Campero without the installation and final inspection of these common improvements (see Exhibit "c" - Conditions of Approval). The other three (3) buffers are also scheduled to be part of the master planting for the site and include Live Oak, Mahogany, Pink Trumpet and Ligustrum trees, along with Viburnum, Cocoplum and Silver Buttonwood shrubs. According to the landscape plan (LA-i), the applicant proposes to landscape around the parking areas and building utilizing Live Oak and Tibouchina trees, Coconut, Carpenteria and Christmas palms, and Cocoplum, Ixora, Podocarpus and Jasmine shrubs/groundcovers. A non-potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Village & Town Center were submitted and approved as part of the overall master plan. Polio Campero is designed as a one (i)-story structure, with a taller entry/lobby area. The elevations (Sheets A-3 & A-4) indicate the top of the parapet roof at 20 feet- 3 inches in height, with a height of 32 feet - 8 inches to the top of the tower feature at the entry/lobby, well below the maximum of 45 feet allowed in the C-3 zoning district. Staff worked with the applicant and his architect to incorporate design features that would tie the other outlots to the mainstreet portion of the Boynton Village project immediately to the north, since this building is the transition between the two. As a result, the Polio Campero building has a tower feature on the corner (indicative of both the outlots and mainstreet), parapet molding treatment and similar window design as the mainstreet buildings, as well as typical awnings and brick veneer wainscoting prevalent on mainstreet buildings. The drive- through window is located on the north wall of the building. The mainstreet building immediately to the north is proposed to be placed slightly more forward on the property than the drive-through window, and along with the 25-foot landscape buffer to the west, will assist in the screening of this operation from Congress Avenue. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Village & Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof of the tower feature is proposed as concrete Spanish s-tiles and would reflect a terra-cotta color. As discussed earlier, the building windows would be designed to correlate with those of the mainstreet buildings. According to the elevations and materials board, the main body color of the restaurant building would be a soft yellow: "Lemon Drop" (SW 7122). The trim/accent color is proposed as a white: "Extra White" (SW 7006). The building entry facades would be painted a terracotta color: "Emotional" (SW 6621). The brick veneer at the base of the building would be red: "Red Classic Belour". Finally, the awnings would be a terra cotta color to match other building elements. Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 5 Signage: The master developer has developed a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that document. The elevation pages (Sheets A-3 & A-4) show the proposed location of the wall signs on the building (south and west elevations, near the building entrances and on the east elevation facing the Target parking lot). The signs would have golden-yellow lettering and the sign on the south elevation would also have the Polio Campero logo. The logo, as proposed (33%), exceeds the 20% allowance of both the City's Sign Code and the Sign Program adopted for the center. Staff recommends that the logo be reduced in size to be in compliance at the time of permit submittal (see Exhibit "C" - Conditions of Approval). A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlots, to minimize overall signage and maximize cohesiveness within the project. Tenant monument signs are intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet in length), be uniform in design and match the architectural characteristic and theme of the other site signage for the total project. In this particular case, Polio Campero would share the monument sign space with the tenant of Outlot #3 to the south (Red Lobster). All site signage, as noted earlier, will be subject to the Sign Program for the entire center. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement to provide public artwork (see Exhibit "C" - Conditions of Approval). As with other recent approvals within Boynton Village & Town Center, the Master Developer and the applicant have been receptive to staff's suggestion that the arts fee associated with the smaller parcels be pooled to create a more elaborate display in a more visible location within the project, such as one of the roundabouts planned along Mainstreet. The Master Developer has been in discussion with the Public Art Administrator and the proposed artist, and various options are under consideration. The Arts Commission will conduct the ultimate review and approval of the artist and type of artwork. RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. 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Iii If I f If : : I~ : : I: I H! fll P ( r I i { {j I I,' g r r J i I I q 1 I I 1 Iq: l~ ,~ ~ .a.:: . t. J~ j; : 'I Il, · .'J" I J JI . \ I JI'J I Jlf' r I ,I}: J [Il(}. I II' ~ Ii IH lidO {HI J i~ l!iIIG!!! il!l~il! F'm s"^-r C~)I,"C'''TS 12"11I~0ll';)'-l) PF.R ::;-'-''1" cOt.ttd,....rs ::lS-.',.,..:lf;,I'lHl I,LVSON~ EXHIBIT B Ii I; a >"" ~11 .'" E ~ . I!' ~'" , ~!i1 .", ~ ~ . 00 " ~~l.I"'- oS: ilaa: ~ '"'" --'" ~La~ ~ ~ ~ ~ g i fa,;: ~ ~ ~ ~o. R ~ ~ ~ gg!!l ~ ~ ~ ~ 0 C;..... '" ~ .~~~~ ~ ~I:: .. .. ~ ~ - II R~ ~I f, f' f ~ f f 1 ~, f ~ f . II I; ~ ., --- -------, , , , , , , , , -f' I~~ ~> I~~ "I IIU III" ~ mi 111~i II'll ~I d f;~~ ; II! 6" Ej3 1'1 ""~~ ""~~ ""~~ ""~~ ~1i ~~z ;1 lif.. lii!~ U'>ll !!'>ll U'>ll U'>l~ ~~~ ~;::' ~~ ~!il. '>l'>l~ '>l'>l~ '>l'>l~ '>l'>l! ..~~ :~ "'~ '>l8~ ,; I~d I~d I~d i~d ffi;~ ~!i! ~I ~l!!~ U [!]:~ Iz .~ll' .~ll' .~ll' 'Ell' ~;~ j(iil . ;~ ~ N C> I :: ~.... I g N... I ~ ji' ~ ;2~ !i ~ i ~!::....!i !::....; ~~...J, ~!::~.. R~ > ~ E ~ E 1::' E!:: Il !i! ==i =i =i. ii G EI EI EI B B B i r::~ ~~ i ~! 5~ ~: 51; ~ ~ ~~ ~ ~ ~ ~ ~ ~ r i "'E; ~ il ~ Ul~ ~ !il ~ ~ ~ ~~; ~ ~ US 11 11 11 ~ ~ ~ I '" 81 U~ I~i ~~~ -~ -~12 U~ ~ ;! h l !i! ~~ -" g ~ ~ . . . . ~ Jj I, ! .. POU.O CN.1PERO __1>>IC8CBI.Q IUI II I.n uo ."o.B_ DIIaII......1L .. . . . . ~:I! IIIIIIIII! i I I 11=1111 .S I, I m i ~W' ~2 ." ... I:: . ~w " jl 'I ~~ , ~~ ." " f:: a ~~UM~ ~ ~ --"" ~~OOP' ~~ P D ill F;;W --= . ~Lo~ ~ ~ ~ " ~ . f;; i ,aq: ~ ~ ~6. I:: i ~ --~~ ~ 88 ~ ill p " .!!$ ta ~. ..... u. ...",,~ ~ .~::::g~ 6 ~f:: ~ ~ ~ f:: . ~, " ~ ~ f . ' EXHIBIT "B" n ~, ~ f f ~ g ~~~ ~~ u~ ~~~ ~~~~ I ~~~~ I ~~~~ I ~~u I ~?l~~ ~ !!8 ii~~ ~ 1'1'~!!l 1'1'~!!l 1'1'~!!l 1'1'~!!l . ~t!li1 ~;~ ~; ~~'i n~ ~~~~ U~! ~~~~ u~~ 11~~ ~e~ '"8 J;1!l!~ .. qq~i H~i qq~i l;\q~i ;.~'i aa ii! qei ~~ ~~\l~ U'i~ ~~'i~ ~~'i~ I!lir: ~e ~~ ~~~ ~~ ~.~~ ~.~~ ~~~~ ~"i~ ~I!\ 2ii~~lii Rz '~l.l' '~l.l' '~l.l' '!l.l' ~~l ~~ ~. ~~ ill.l !l . ~ IS. , ~ ~. . I!l il' "l ,,~~ ~!! 1'J ~ ; ..1::1';<. ~t::l'i~ ~1';~ ..I::il"' ~n ~!li ~ l.l t::! ~ f::! ~ " . ~ I ~ ~ a El El El G EI EJ B . I!g ~~ i i~ 5!~ ~~ S~ S~ ~ ~l!! ~ Q I(! ~ ~ ~ ~ r j :Jli ~ ~ !l! ~ li1 Ii ~ ~ ~~~ i ~ !;~ a a II ~ ~ ~ Iii ~~ n~ }!r ~i!i 'iiI~ ~~~ U~ ~ ! I I~ II!! .;; Ii! " "'-I' .... ~ . . . . II i:l! IIIIII!U , JI I, ! tl till POIlO R~ CM1PIRO i I I I =1111 ~"''''I.CI 1111 Ii Iln uo .W.~M. __IIM'.I\..... . . . . \ , ,~-" z Sl ~ 0 ~~~ ~ ~~Cti ~~ ~" z 0 iil i " ~ .;: .;: ~ 0; '"' " '(l ~ ~ ~ g '" :;- ~ E .. ~ J J ~ ~ ~ ~ ~ ~ ba c --l~ 0;:3 ~~ ()C ~;:3 --l m ::0 ~2'Sn a..3 U [111 ft~ ~ ~ gl CD ~ ~ ~ 'l> :: f '" :z o ~ ::J: m r m ~ -I <5 :z en o ~~~ I '" ~ I~ f 1 i S! .::J '" o. 0: oil. l:: ~ ! '" E J ~ ~' .. , '" '"' , --; '7't ~ .~J :-0 '" ~ ?; ~ E J ~ I .;: ~ ~ '" ~ ~ J ~ 1 <- ~ ~ E~HIBI~ e~. j ~ ~ 0 ~ ~ ~ :1 ~ ~ l:la s::: ~ ~ ~ ~ 2 ~ ~ ~ ~ ~ V) Q "d ~ m :>0 ~ m r m ~ <5 :z ~ 1 ~ '" Jji :;; m ~ m r m ~ -I <5 :z '" o 0: .g" o .:. 'Vl 8 ,!!J EXHIBIT "C" Conditions of Approval Project name: PolIo Campero File number: NWSP 07-003 Reference: 2nd review plans identified as a New Site Plan with a December 19,2006 Planning & Zoning date ki stamp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS - Forestry & Grounds Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. Palm Beach County Health Department permit revisions may be required for the water and sewer systems serving this project (CODE, Section 26- 12). As a general rule, restaurants require this approval to insure that grease traps are properly designed. 2. The CODE, Section 26-34(E) requires that a capacity reservation fee be 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. 3. This office will not require surety for installation of the water and sewer 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. 4, A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: None Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I POLICE Comments: None ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional 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. 7. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Paving, drainage and site details will not be reviewed for construction 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: 9, Please note that changes or revisions to these plans may generate additional 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. 10. Buildings, structures and parts thereof shall be designed 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 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. 11. At time of permit review, submit signed and sealed working drawings of the proposed construction. 12. A water-use permit from SFWMD is required for an irrigation system that 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. DEPARTMENTS INCLUDE REJECT 13. If capital facility fees (water and sewer) are paid in advance to the City of 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) 14. At time of permit review, submit separate surveys of each lot, parcel, or 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. 15. Pursuant to approval by the City Commission and all other outside agencies, 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. 16. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911 shall approve the addressing plan. A. Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) B. United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 17. The building plans shall be reviewed and approved by the Department of Business and Professional Regulation, Division of Hotels and Restaurants prior to being submitted to the City of Boynton Beach Building division for permit. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: Plant List Sheet LA-l 18. All shade and palm trees must be listed in the description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground). The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement; or any gray wood (gw) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] Conditions of Approval 4 DEPARTMENTS INCLUDE REJhCT PLANNING AND ZONING Comments: 19. It is the applicant's responsibility to ensure that the new site plan is publicly advertised in accordance with Ordinance 04-007. 20. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" program and must demonstrate their participation. Staff recommends that the fee for this and all other outlots be combined and the Master Developer create a more elaborate display in a more visible location within the project, such as one of the roundabouts. 21. The size of the logo relative to the adjoining lettering on the sign may not exceed 20% of the sign. At the time of submission of permit plans, reduce the size of the logo to comply. 22. If for any reason, potable water use becomes necessary, the use of drought 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. 23. Construction of this project may only proceed with the initiation of any necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order and CRALLS approval. 24. No C.O. (Certificate of Occupancy) will be issued for this particular parcel until all required Master Plan landscaping has been installed, inspected and final ed, as well as all depicted sidewalks and roads. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Out Parcels\Pollo Campero\COA.doc ~I Ruden ~I McClosky 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX. (561) 514-3442 KIM.GLASCASTRO@RUDEN COM January 11, 2007 City Clerk's Office City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: RE-Notice of Public Hearing - Pollo Campero Site Plan Enclosed please find evidence that further notice requirements, pursuant to Ordinance 04-007, have been fulfilled for the January 23rd Planning & Development Board and February 13th City Commission consideration of a site plan on Parcel C-3 at Boynton Town Center proposed by Pollo C amp ero. Signs were posted on January 5, 2007 and the mailings went out by US Postal Service January 10, 2007. Sincerely, RUDEN, McCLOSKY, SMITH, SC~ & RUSSELL, P.A. Kim Glas-Castro, AICP cc: Sherie Coale WPB:195374:17 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST, PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH REVISED NOTICE OF PUBLIC HEARINGS NOTICE OF SITE PLAN APPROVAL NOTICE IS HEREBY GIVEN that the Planning & Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, January 23 , 2007 at 6:30 p.m AND the City Commission of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC HEARING, on Tuesday, February 13, 2007 at 6:30 p.m. or as soon thereafter as the agenda permits; both hearings to be held in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider the request submitted by Pallo Campero. The request is described as follows: LOCATION: East of Congress Avenue, North of Old Boynton Road and South of Gateway Boulevard in the Boynton Village/Town Center REQUEST: Site Plan Approval for a 3,500 s.f. fast food restaurant on Parcel C-3, Boynton Town Center PROPOSED USE: Commercial (retail/restaurant) LEGAL DESCRIPTION: On file with Planning and Zoning This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. WPB:181721 :8 ~~ '1&1 CJ - t- o .. '-9 .. <W e .,. R , f {.a......."'..'.'......'..'.' "' ...., - "-' \+tiq",e, . /.. ICC:' II Z ~ ',....~ ~ Ut< . - .... I cd. ..... ._~ fa, ::)~ a.~LL -# .- if) .. ---... rIJ '-' = = .- .... = CJ .~ ...., c.. c.. -< c... = ~ ~ ~ .. ~ = ~ - Q .....u 3~ ~ a ;J-E ,-c ~ r;I} Q c.. e ~ :; == c ... '"CS u; ....~ CiI}., ~., t.'... ,.".iiit a ::J" -e: <= s= ~. ..c: .... u .... ~.. u.,~ == = ' . .... == CIJ ..... CIJ . .::$'.. ..... = a ~. a = =~ U r-j' C~, ..... = u~ .. = ~ ;::. ~ u Q ~ ....... 5:, ~'.' ;;~~- s:., C:>' ......e ' 4.), ~! ~' ~.. '-f').. Q.,~: ......<<"1. sI, \C)~ IQ:~. . .... '...:........ .......... ;'.' .' , .,t.n,7.' ,I~ ""~.."\C .... It') ,~~ .. &; ~, .!'ii!f ~. @ Ji &I ~ ~ "~ ";~ " ~ ;J '. i.,f"~' . ,i ;f.II'" f , ~:_'~. i~~ _:':' ~. ~ Ie '\'1 ,." ",....' 'j ~ ,~ .,' , ~'::wJ. ". ., ~ ~'i {l":.;." AFFIDAVIT Quasi-Judicial Notice / Sign Posting Site Plan Approval (Retail Building) Boynton Village/Town Center TO: Boynton Beach City Clerk's Office I, Kim Glas-Castro, on behalf of the applicant, Pollo Campero, have caused to be posted the required public notice signs along the Congress Avenue and Old Boynton Road frontages of the subject property. These signs serve as notice of the pending petition considerations on January 23, 2007 (P&D) and February 13, 2007 (City Commission). The signs were posted on January 5,2007 (photos attached). The attached ownership list and 400' radius map are a complete and accurate representation of property owners, as reflected in the records of the Palm Beach County Property Appraiser's Office. Mailings of the attached public hearing notice went out to each of these property owners by January 10,2007. (copy attached). ~ Kim las- astro l-~\~&\ Date State of Florida County of Palm Beach 'fl-- The foregoing instrument was acknowledged before me tbis ~day o~~ ::~: by Kim Glas-Castro, who is personally known to m~~~ My Commission Expires: ..~'r~'., DENISE M. ENDERS t#fij" J.. MY COMMISSION # DO 600956 i*:. .: EXPIRES: October 28, 2010 ,~... . Bonded Thlll NolIlY Publlo Underwntlts .I/"t\l cc: Sherie Coale, Planning & Zoning Division WPB:120651:49