By Dale M. King
BOCA RATON – A major downtown property owner has won a pitched battle with adjacent landowners and other objectors, earning the City Council’s OK to expand a building on East Palmetto Park Road for a convenience store.
The council Tuesday night voted to uphold an Aug. 18 decision of the Planning & Zoning Board allowing James Batmasian of Investments Limited to add 777 square feet to an existing retail site at 831 E. Palmetto Park Road.
The P&Z Board voted, 4-3, in August to allow the additional square footage along with site improvements within the previously approved 800-899 E. Palmetto Park Road buildings. Robert Oksman of 904 E. Boca Raton Road appealed the board’s ruling, which brought the petition before the council at its Tuesday, Nov. 22 meeting.
Following lengthy discussion by those for and against the request, a shorthanded City Council voted 3-0 to uphold the Planning and Zoning Board’s ruling.
Only Mayor Susan Whelchel and Council members Anthony Majhess and Mike Mullaugh voted on the petition. Both Deputy Mayor Susan Haynie and Councilwoman Constance Scott recused themselves from the vote, and were not on the council dais when the discussions took place.
City Clerk Susan Saxton said Oksman and two others filed the appeal, but the other two withdrew prior to Tuesday’s hearing.
In a Nov. 11 letter to Ralf Brookes, attorney for Oksman, Batmasian said Investments Limited is seeking to obtain a lease for a convenience store – a new 7-Eleent prototype by Southland Corp. “It would feature all new, fresh products, g0urmet coffee and upgraded architectural features,” Batmasian said.
Deliveries would be made to the store via the front of the store, with early morning and late evening truck parking off Palmetto9 Park Road. “The exterior building signage will be articulated architecturally into the overall façade,” Batmasian said.
At both the P&Z meeting and Tuesday’s council meeting, objectors complained of increased traffic, lower property values and parking problems. Residents said a petition opposed to the petition has been circulated.
Objectors also said they do not want a national chain in the area, but, rather, an upscale restaurant.
At Tuesday’s Council meeting, City Planner Daryl Johnson outlined the Batmasian plan which would add 777 square feet to the building which currently includes retail and restaurant space totaling 14,620 square feet and five apartments in the upper level of the building.
Johnson called the location “a unique site” since it consists of both residential and retail uses. City Traffic Engineer Douglas Hess also said that 58 percent of the people who use the retail and restaurant facilities reach the building without cars. “Many come from the beach,” said Hess.
Saying the staff recommends upholding the P & Z Board’s decision, Johnson said there should be a 6-foot high masonry wall build behind the structure. Batmasian was also told to provide affidavits to the city on Jan. 31, 2012 and in October of 2012 and subsequent years telling the city who lives in the residences. No owners of the businesses are allowed to live there.
Following the vote upholding the P&Z decision, the council added five conditions involving lighting, security and landscaping.