Sonny's Bar-B-QDEVELOPI~,.~ tT ORDER OF THE CITY COMMI,. .iON OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonny's Bar-B-Q
APPLICANT'S AGENT: Colleen Carey of Interplan
APPLICANT'S ADDRESS: 2001 SE 10th Street, Bentonville AR, 72712-6489
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 06, 2001
TYPE OF RELIEF SOUGHT: To construct a drive-thru restaurant.
LOCATION OF PROPERTY:
Outparcel in the Wal-Mart Shopping Center to be located South of the
Steak and Shake at the southwest corner of Old Boynton Road and
Winchester Park Blvd.
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 Planning and Development 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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
x HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
x 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
and conditions of this order. ~.,.
7. Other ~ ~
ATE : " "
~ ..... %~ ~. ~ LO. ,xxx
J:~SHRDATA~Ianning~SHARED~W~PROJECTS~nn~s Bar-B-Q (COUS)~nnys Bar ~Q.Dev. Order.d~
EXHIBIT "C"
Conditions of Approval
Project name: Sonny's Bar-B-Q
File number: COUS 00-007
Reference: Conditional Use/Site Plan, File # COUS 00-007 with a December 19, 2000 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Provide a signed agreement between Steak & Shake and Sonny's Bar-B-Q
agreeing to the opening of the vehicular accessway between the two sites. If
an agreement cannot be reached, the location of the dumpster pad will be
subject to further review, x
UTILITIES
Comments: NONE x
FIRE
Comments:
2. Prior to construction, a fire hydrant flow test is required - LDR 6-16. x
POLICE
Comments: NONE x
ENGINEERING DIVISION
Comments:
3. On the Lighting Plan add a note that the fixtures shall be controlled by
photoelectric switch and to remain on until 2 a.m. [LDR chapter 23, Article
II]. Also add a note that the lighting design shall provide a minimum
average of one-foot candle at ground level, x
BUILDING DIVISION
Comments:
4. If required, at time of permit review, provide a completed and executed City
unity of title form. The form shall describe all lots, parcels of tracts
combined as one lot. A copy of the recorded deed with legal descriptions of
x
each property that is being unified is required to be submitted to process the
form. The property owner that is identified on each deed shall match.
5. At time of permit review, submit a copy of the recorded resolution that x
verifies the abandonment of the 30 foot wide right-of-way or easement.
6. To properly determined the impact fees that will be accessed for the one-
Conditions of Approval 2nd Review Comments Sonny's Bar-B-Q
01/25/01
2
DEPARTMENTS INCLUDE REJECT
story building, the &pplicant shall provide the following information to the
Palm Beach County Impact Fee Coordinator at 100 Australian Avenue,
West Palm Beach, Fl. 33406. Submit a notarized affidavit on the letterhead
of the property owner, company or association. The letter will list and must
contain an answer to the following questions.
a) Will there be any additional deliveries to the site?
b) Will there be any additional employees to maintain and provide
service to the site.
Please have the applicant provide the City with a copy of the letter that will
be sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the county send to City a copy of
their determination of what impact fees are required for the building, x
7. At time of permit review, submit signed and sealed working drawings of the
proposed construction, x
PARKS AND RECREATION
Comments: NONE x
FORESTER/ENVIRONMENTALIST
Comments: NONE x
PLANNING AND ZONING
Comments:
8. Indicate the Land Use designation of the property under "Site Data". x
9. Identify the loading area on the site plan. Loading area will be a minimum
of 12 feet wide by 35 feet long. If placed on parking spaces, signage will
specify the hours that this space is reserved for loading purposes. The
loading area may be used for regular parking at all other times. (LDR x
Chapter 2, Section 11.J.)
10. Applicant must submit a "waiver of platting" request, x
11. Entrance drive is measured at 35 feet at the property line. This is greater
than'the 32 feet permitted by Code. Approval of the Director of
Development is required or reduce width to 32 feet or less. (Ch. 23, Art. II,
12. Provide a standard parking space detail showing all dimensions in
accordance with City Drawing No. B-90012. x
13. Show on plans and identify accordingly, all landscaping including
shrubs/hedge on the subject property, which has been installed in
conjunction with the Wal-Mart site plan. This landscaping shall be
maintained, x
14. Change note on plant list (for Crepe Myrtle) to show minimum height of 12
Conditions of Approval 2na Review Comments Sonny's Bar-B-Q
01/25/01
3
DEPARTMENTS INCLUDE REJECT
feet at time of planting per city code. x
15. All required trees must be 12 feet high and have a three- (3) inch caliper at
time of planting. Revise all landscaping notes accordingly, x
16. Windows shall change to storm-proof windows without muntins which will
reduce residential appearance and therefore further improve compatibility of
project with adjacent commercial structures, x
17. To maximize building compatibility, project approval shall include the
stucco fagade material as shown on page "PA3" of those plans date stamped
December 19, 2000. ' x
18. Provide cross-access agreement between Steak & Shake and subject
property as intended by ingress - e~ess easement shown on the survey x
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: Subject to staff comments, x
ADDITIONAL CITY COMMISSION CONDITIONS
MWR/arw
\\CH~MAIN~SHRDATA\Planning\SHARED\WF~PROJECTS~Sonny's Bar-B-Q (COUS)\Cond. of approval - 1-24-01 - Sonny's Bar-B-Q (COUS)2nd REVIEW COMMENTS .doc