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Minutes 02-26-19 MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 26, 2019, 6:30 P.M. PRESENT: STAFF: David Katz, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Sean Swartz, Board Attorney Butch Buoni Amanda Bassiely, Principal Planner Malcolm Gropper Lisa Tayar, Prototype, Inc. Will Hatcher Chris Simon Floyd Zonenstein Golene Gordon, Alternate ABSENT: Lucas Vogel, Alternate Chair Katz called the meeting to order at 6:35 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval Upon motion duly made and seconded, the agenda was approved. 4. Approval of Minutes Motion made by Mr. Simon, seconded by Mr. Zonenstein, to approve the January 22, 2019, minutes. In a voice vote, the motion passed unanimously (7-0). 5. Communications and Announcements: Report from Staff Ms. Breese stated the applicants for Ocean Breeze (7.A.) are delayed, and asked that item (7.B) be taken first. Continuing, an email letter from Becker, Poliakoff, attorneys for Coastal Bay HOA, was received; if not read into the record, it will be taken into the record as received. 6. Old Business – None Meeting Minutes Planning and Development Board Page 2 February 26, 2019 7. New Business Chair Katz acknowledged Mayor Steven Grant as present in the audience. The second item of New Business will be heard first. 7.B. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC Ben DeVries, Taco Bell, Southeast QSR, and Craig Cornelison, Consultant, gave a Power Point presentation.  History and background of Taco Bell in the Southeast.  Aerial shown.  Conditional use for drive-through.  Will improve security and traffic and be a net-add for the CRA.  Proposed site plan is based on pedestrian-friendly design.  Worked with County and City to address all traffic concerns.  Late-night drive in business not expected.  Showed proposed site plan: o Stacking will be behind building; o Streetscape maximized by storefront with landscaping; o Working with neighbors on landscaping and lighting.  Armed Forces and Families Foundation to benefit veteran and military families: o Volunteers are unpaid; o Funds will remain local; o Work with CRA to identify veteran project in Boynton Beach. Upon completion the Board Members had questions and comments. Mr. Simon asked about hours of operation, specifically late night business. The dining room operates 7:00 a.m. to 11:00 p.m., which is company policy; drive-throughs are driven by local employment/shift changes/traffic. Chair Katz reminded the Board that hours of operation are not in the purview of this Board, and is more of an issue for City Commission. Mr. Gropper had several questions:  Regarding handicap access from front of building, Mr. DeVries said they had worked with Staff to come up with a solution to accommodate all needs.  In response to number of parking spaces, Mr. Cornelison said the number of spaces is 20, of which one is handicap (per Federal and Florida Building Code). Mr. Gropper addressed Mr. Breese as to the reasoning behind this type of ADA access. Mr. Breese replied it is built per redevelopment plans and design code, to which Chair Katz said that such changes can be a condition of approval to add an additional handicap spot.  As to the location of the sewer pump station, it will be on the northwest corner of the site Meeting Minutes Planning and Development Board Page 3 February 26, 2019 (by retention area). Ms. Bassiely added the Utilities Department requested an easement at the southwest corner, which is actually on the adjoining property, for the new pump station. The existing pump station will stay in place until the City builds the new one in the requested easement area. The funding per the developer’s agreement was briefly discussed. Mr. Simon wondered about two items:  The interior of the site and traffic, especially that every customer parking on site will have to cross the drive-through traffic lane to get into the building; could the building be positioned east-west for drive-through entrance on the north. Mr. DeVries explained the strategy for an urban streetscape in collaboration with Planning Department. Stacking lanes are affected by slow-moving traffic, almost at a standstill, and not believed to be a safety hazard (though possibly inconvenient).  Status of neighboring sites to the west; Ms. Bassiely said all of the parcels from Federal (two single-family) are under one ownership, which would be split under two unity of titles, remaining three parcels would require unity of title to bind them together. Then all four parcels would utilize one point on ingress/egress. Four parcels essentially would make two sites with unity of title, which may be a future site. Mr. Gropper asked what the Building Department’s thought was with having no setback, no landscaping. Mr. Breese said there is landscaping, though minimal setback, to give an urban/pedestrian feel. Also, the strategies is to make sure the drive-through is behind the building, as is current practice along Federal, so it is not the main source of visual clutter. Mr. Rosecrans asked about the location of the lift station. It is in the street, and the City will be moving it with a shared source of funding. It is unclear whether that will be prior to construction. Mr. DeVries explained the current process of the Utility and Planning Departments is to move the lift station out of the center of the road for future servicing; as a courtesy the developer has offered to connect now to the existing lift station, and when and if the move is ready to go forward, the developer will provide the easements to accommodate the future lift station. Mr. Breese added the City does not like the current location, it is in the right of way and unsafe, and the City is looking to upsize that lift station to accommodate additional development. Chair Katz asked for clarification of the parking schematic and the handicap spot. Some discussion followed on adding one additional handicap spot north of the current spot. Craig Cornelison, engineer thought it may take a redesign of the parking lot to accommodate two handicap spots and still meet the minimum required total parking. Chair Katz then opened the meeting for public comments.  Brian Daley, 3218 Tuscany Way, Treasurer of Tuscany on the Intracoastal HOA, opposes this development on behalf of their 286 residents. Tuscany is directly across the street from this proposed development, yet only became aware of this on February 25th. Another HOA has filed a letter in opposition and request is made to include that letter as part of tonight’s record. Particular concerns are safety, the traffic light that is their main ingress/egress, increase in traffic, proximity to homes. The business won’t serve Meeting Minutes Planning and Development Board Page 4 February 26, 2019 immediate community (three condominiums) which is older and more affluent. Another concern is the late hours will be an invitation to unwanted traffic (vagrancy, prostitution). Chair Katz asked Mr. Breese if notices were sent out, information from applicant indicated that residents within 400 feet of the development should have received a notice (which could have been maybe only ten apartments). An adequate traffic study has been prepared, though no approval letter from the County has been received; it may be approved, or there could be additional requirements. No permits can be issued until the County approves. th The letter is expected before the Commission meeting on March 19. th  Susan Oyer, 140 SE 27 Way, thought perhaps many more plants could help solve the problem (especially bee and butterfly plants) and to use trees instead of palms. There are no fast food restaurants in the immediate neighborhood, would not mind a Taco Bell, but is cognizant of the problems within the neighborhood; perhaps adjusting the hours of operation could be reconsidered.  William Lee, 3208 Tuscany Way, voiced concern with red-light traffic violations at the intersection, the worst being this one in the City. Increased traffic will compound this. From a safety perspective, on behalf of residents, children, school buses, and pedestrians he asked this project not be approved.  Sean Gross, 1604 Coastal Bay, President of Coastal Bay HOA, (copy of letter is attached), and made these points: o Coastal Bay will be directly impacted; rd o 23 Avenue ingress/egress will have a traffic bottleneck; o Traffic corner is already dangerous; o No lighting except at intersection; o Bad urban feel, especially late night; o Has spoken to Fire Department captain who had not heard about this development. o Also voice lack of notices in the mail from developer, poor communication. o It is felt Taco Bell will not benefit this residential area; and o Fifteen to twenty minimum wage jobs are not in keeping with neighborhood. rd Chair Katz ascertained the entrances to Coastal Bay, one on 23 (main) and one on Federal. Mr. Breese was asked about the notices issue, how are the recipients verified? The applicants statement will be double-checked; Mr. Cornelison stated 600 notices were mailed out to addresses from the property appraiser.  Michael Walstrom, 1505 Coastal Bay Blvd., Vice President for Coastal Bay HOA, stated nd a letter was received on Friday (February 22), but found out a few days earlier from a posted sign. The listed objections were road congestion and five 20-foot light towers in addition to projected realities of late night traffic, trash, vermin, loitering, drug use/trafficking. The HOA believes this development will reduce the quality of life and damage property values, property chosen because of the existing zoning laws. It is felt the City has little regard for resident investments.  Louis DeLuca, 4210 Tuscany Way, noted this is a T-intersection; rides motorcycle and in the last month was almost run over by persons turning west and north. Cannot imagine more traffic. Also, will hear the drive-through intercom speaker as they can already hear the “don’t walk” from the crossing signals.  Peter Janus, 1213 Coastal Bay, Secretary/Treasurer of Coastal Bay HOA, a copy of a petition against this development is on change.org, and a hard copy given to clerk (see Meeting Minutes Planning and Development Board Page 5 February 26, 2019 attached). Reiterated dangers already at intersection and additional traffic concerns. Spoke to County Engineering learning there was no record of this application, and that fast food rd has a significant impact on traffic. More thought needs to be given to easement on SE 23; rd should require additional lanes on 23. If necessary, suggested another location at 2201 Federal Hwy, which is a vacant lot and already zoned for a restaurant. Chair Katz commented on the petition because it lists people not from Boynton Beach and should only be residents from Tuscany and Coastal Bay for this purpose. Chair Katz closed the floor to public comments. Mr. DeVries commented on the misinformation circulated for a variety of reasons.  Regarding the Becker Poliakoff letter, comments will be rebutted factually.  Benefit to residents is a partnership with Grub Hub that makes deliveries, which is the future of fast food.  Lack of lighting contributes to the traffic problems and lighting will benefit the intersection.  Taco Bell is a “capture” business, not a destination, which does not create problems at peak hours.  Traffic problems already exist without Taco Bell.  Security is taken very seriously. Responders get free meals; drive-through gets 50% off.  Will generate 30 jobs.  Stays open during hurricanes, providing food security to whole community.  Will add net benefit to residents. rd Mr. Gropper asked about ingress/egress at the back part of the Sunoco station; given traffic on 23 Street, if the public comments are correct, how will the people get in there? Mr. Cornelison stated the traffic study showed the intersection operates at an appropriate level of service now and will rd continue to do so, as well as both roads. County improvements are being done along 23, extending the turn lane going east. Mr. Rosecrans wondered about several items:  What the percentage pervious vs. impervious will be; Mr. Cornelison replied 67.2% impervious.  About the comments on change in zoning; Mr. Breese replied there is no zoning change associated with this development, the use is allowable through the conditional use process and has been at least since 2010 when the code was rewritten. rdrd  Whose responsible for 23 Avenue; Mr. Breese said 23 is a County road and US 1 is a Federal/State road. The County will look at this as part of the review of traffic for this site to determine if certain improvements need to be made, if the signal timing needs to be changed even without road improvements.  Becker Poliakoff letter states there has not been a traffic study. Mr. Breese said a traffic study has been submitted, reviewed, and is part of the conditions of approval. Mr. Simon ascertained that the traffic study protocol was generated by a private firm; the County does their own traffic study to determine if the assumptions are correct, then determine whether it meets traffic performance standards at the County level. Meeting Minutes Planning and Development Board Page 6 February 26, 2019 Chair Katz had several questions:  Regarding a comment stating problems getting out of the community at 7:00-7:30 a.m.; The dining room hours are 7:00 a.m. to 11:00 p.m.  How many cars accommodated in stacking lane at drive-through; holds 9 cars.  Of 20 total parking spaces, how many employees per shift might use these spaces; five employees per shift, which could leave 15 spaces for public; however, not all employees drive.  To Mr. Breese, had this hypothetically once been for other uses; two previous approvals had been for a residential use and for a proposed medical building. The medical building could have been 45-feet. At peak hours, the traffic could have been increased to accommodate all those employed there.  Conditional use is based on drive-through only. The restaurant alone would be allowed without any review.  Would developer approve right hand turn lane going west only; it might be the timing of the turn and would require another traffic study to see what would happen; has been submitted to County, a right-of-way permit is under review, comments have been addressed. Chair Katz also commented on traffic increases for any purpose that development of the site might be and resistance to change in general. As to conditions of approval, the denial of the drive- through may or may not kill the project. Motion made by Mr. Rosecrans, seconded by Mr. Simon, request to approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district; applicant concurs with all conditions of approval and adding a second handicap spot. In a roll call vote, the motion failed unanimously (0-7). \[Chair Katz called a five-minute recess.\] 7.A. Approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four, three- story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres. Applicant: Paul Bilton, Centennial Management Elizabeth Roque, Centennial Management, along with CEO Louis Weasey \[phonetic\] and Engineer Brandon Ulmer, gave a Power Point presentation showing elevations, floor plans, unit features, and green certification. Mr. Gropper wondered about the number of workforce housing units; Ms. Roque stated there are 123 rental units that are all affordable for anyone who can qualify; Chair Katz clarified this is a tax credit project designed to be affordable housing. Meeting Minutes Planning and Development Board Page 7 February 26, 2019 Mr. Zonenstein inquired about the minimal lease time; Ms. Roque replied one year, and there is very little turnover in such communities as these. Mr. Rosecrans noted there was no landscape plan in their packets; Ms. Roque provided the information, 180 canopy and palm trees, an assortment of plantings was read off noting the butterfly-friendly species. Mr. Simon asked what type of neighborhood the existing development is in, if it is similar with other multi-story units within proximity of that location. Ms. Roque said it was very similar in South Dade and would like to see more affordable housing communities in Boynton Beach. Chair Katz gave a history on this site over many years. The majority of lots are single family, and other than MLK, this may be the only multi-story project in the area. Mr. Gropper voiced concern over a three story building in a single-family community, that it changes the character of the community, and could have a depreciating impact on the single-family homes; could the development be two stories instead of three story. Ms. Roque did not think the numbers work with fewer units in the development. Chair Katz clarified that the CRA and residents have already chosen this project; the role of this Board is just to go over the site plan. A brief discussion followed on the decision of this project rather than condominiums. Ms. Roque said Centennial Management are multi-family developers and do not do condos, stressing this project will look like market-rate products and will be a beautiful community. Centennial Managements has been in business for over 37 years and owns and operates almost all of their communities; they will be here long-term, growing with the community. Chair Katz then opened the meeting for public comments. th  Susan Oyer, 140 SW 27 Way, objects to the colors, should not be beiges and browns, but colors reflecting Ocean Breeze (blues and greens or white); against palm trees, more shade trees, and adding the butterfly garden(s). Lives in neighborhood and thinks this is a great addition. Chair Katz closed the floor to public comments. Chair Katz wondered about the number of parking spaces and how many were ADA. Two handicap spaces are at each residential building and one at the clubhouse. Chair Katz suggested splitting the handicap spaces to put them at each end. Mr. Breese led a discussion on Staff’s reasoning for the required parking. Mr. Ulmer stated the location of the handicap spaces can be made more centrally located, but separating them would reduce the amount of green area. Chair Katz requested perhaps three handicap spaces centrally located at each residential building. Ms. Bassiely clarified the spacing of various configurations of adding more handicap spaces; and to examine the parking study to not go below required spaces. Discussion continued on parking studies, and that leasing strategies and ratios must also be considered (three-bedrooms get two spaces, all else get one). To Mr. Gropper’s question, there is public transportation on Seacrest. Meeting Minutes Planning and Development Board Page 8 February 26, 2019 Mr. Simon had questions about landscaping and impervious; Ms. Bassiely said there are a couple of small conditions of approval regarding landscaping, but the spatial requirements are met. Also, is the landscaping buffer on south side a low hedge, does it screen vehicles; Ms. Bassiely said that is one of the conditions of approval, that hedges be planted to do that. Mr. Simon would like to see a four-foot height hedge. Motion made by Mr. Rosecrans, seconded by Mr. Simon, request to approve Ocean Breeze East Major Site Plan Modification for multi-family residential (rental apartments) consisting of 123 dwelling units within four, three-story buildings, a clubhouse, community space, and associated recreational amenities and parking on 3.95 acres, with conditions to move existing two handicap spaces to more central location at each building; add two spaces to another parking lot centrally located; and add four-foot height hedges and more dense vegetation along southern parking lot. In a roll call vote, the motion passed (6-1) with Mr. Gropper opposed. 8. Other – none. 9. Comments by Members Mr. Rosecrans asked about the sustainability report; Mr. Breese said there are two more rounds of staff review, then it will be taken to a subcommittee; and this Board will get it in draft form to be shaped as seen fit. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:32 p.m. Attachments: Power Point Presentation: Taco Bell Restaurant Email letter received from Becker, Poliakoff on behalf of Coastal Bay HOA Letter from Coastal Bay HOA Petition against development submitted by Coastal Bay HOA Power Point Presentation: Ocean Breeze East \[Minutes prepared by M. Moore, Prototype, Inc.\] onw `P r x ff i 0 Vi I ui r 6 a i — � `� ; a ,� � •sem �, � � , f4 Vi p f {il� t} pnl t))lff l S "�G; Th 11 Nil f ( a'3 id s1 £ t � � t��ll�al �-irz`••:—}aA��fDr(� l£d 3itli}£ii dif ,. it $ 7 ( it 7 S s i f -�➢ � �a � , AS� IR l t ,dIMATAII 2fr w _ © rT O i Q � � O - >> 07- ° � � 3 o E � o � � O .+- cn > � - .0 ,- 0 U Qos, U -0 a) m V '� 3NO Q a� 0 > z Q u U z 00N Ile ow 41 CJts �` !, r� � 3� � a12��s � ✓'I �'� �� t p i tl "^�k r}�'C +'sa.�•� �y ?'ti � ;� v„a�+ �� l�'` .., �� l'•f y �C �i " � � pnm •ti I�� ( �i� ar rt i wy •�"�,.: � '°wP u2 i'.cai } p'� as.. � �w�� u�� 7 �. . 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I f 7 yky C k. 1 • 1 1 1 • 1 1 6 �� U,y � ,a}�,�nii; ,F tv e. �3 rrr.� • • 1 • 1 • 1 • • f • • • • • • 1 • • 1 • � 1 1 o ® 1 • ui Jeremy B. Sir,Esq. Attorney at Law Phone: (954)364-6028 Fag: (954)985-4176 Becker j Shir@beckerlawyers.com Becker&Poliakoff 1 East Broward Blvd.,Suite 1800 Ft. Lauderdale,FL 33301 February 26, 2019 Boynton Beach Planning and Development Board Intracoastal Park Clubhouse 2240 N Federal Highway Boynton Beach, FL 33435 RE: Coastal Bay Homeowners Association, Inc. ("Coastal Bay HOA") Opposition to and Concerns with proposed Taco Bell Conditional Use and Major Site Plan Modification Application Submitted by Raymond Funk, Coastal QSR, LLC("Applicant")to be located at the NW corner of South Federal Highway and SE 23rd Avenue, Boynton Beach, FL Dear Planning and Development Board members: This law firm has been retained to represent the interests of Coastal Bay HOA in connection with the aforementioned application. Unfortunately, as we were retained at a relatively late date, we are not able to attend the Hearing due to a previously scheduled matter. Nevertheless, we are confident you will take our concerns and analysis seriously. Coastal Bay HOA is located nearly adjacent to the proposed Taco Bell, with SE 23 d Avenue serving as the only bifurcation. The Association represents property owners and taxpayers who are concerned about the impact on their quality of life, potential for increased traffic and stacking, proper buffering to prevent noise and light pollution, failure to meet the City's land development code requirements for a conditional use application, and compatibility and consistency with the Comprehensive Plan should this application be approved. The applicant has never reached out to meet with our client to discuss the myriad issues and unintended byproduct this proposed use will have on the existing residents and stakeholders in the community. We respectfully ask that the applicant schedule a meeting with our client to discuss these concerns, and/or that the Planning and Development Board include as a condition of approval a meeting between applicant and Coastal Bay HOA prior to the City Commission hearing. Conditional Use Standards Per the City staff report and the applicant's Justification Letter, drive-through restaurants in the C-3 Zoning District must receive a conditional use approval. Chapter 3, Article IV, Section 4 of the City's Land Development Regulations lays out 12 standards for evaluating the effect of a proposed conditional use on the general health, safety and welfare of the community. We are particularly concerned with Standards 1, 2, and 5 insofar as we have not received, nor do we www.beckerlawyers.com Florida I New Jersey I New York I Washington, D.C. February 26, 2019 Page 2 believe the applicant has submitted into the record sufficient information upon which to render judgment that these standards will or have been met by the applicant. Standard 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; As of the date of this letter, we have not seen any traffic report or study by a traffic engineer/consultant analyzing the existing Level of Service ("LOS") on SE 23rd Avenue or on South Federal Highway. It would be prudent to review data showing the AM and PM peak hours, traffic flow, stacking, and other issues to understand whether an extra lane, or other ameliorative measures would be necessary to accommodate the increase in traffic. Standard 2: Off-street parking and loading areas where required,with particular attention to the items in subsection C.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; Drive through restaurants are notorious for attracting high school and college students at late hours. That is part of the business model,and we do not wish to impede upon anybody's craving for a taco in order to continue studying for finals; however, we respectfully request that the applicant meet with our client to discuss whether limiting hours of operation would make the most sense, or other measures can be taken to mitigate the impacts of late-night clientele. Additionally, we have not seen a photometric study indicating the intensity and range of light that will emanate from the proposed Taco Bell. Standard 5: Screening, buffering and landscaping with reference to type, dimensions, and character; There is an existing sound wall that may block out some of the effects of the proposed Taco Bell on Coastal Bay HOA, but it may not be tall enough to truly ensure compatibility and protect the health, safety and welfare of the community. The Board is very concerned that noise and light pollution may increase, especially at night. Consistency with Comprehensive Plan per F.S. 163 The applicant must prove that its proposed use meets the relevant goals, objectives and policies of the Future Land Use Element of the County Comprehensive Plan, which is the overarching document guiding growth. If the Comprehensive Plan is the equivalent to the Constitution, the Zoning Code is equivalent to statutes; therefore they must provide evidence indicating that it is consistent. There is well-established case law in Florida overturning local decisions made by quasi-judicial boards when applications were found to be inconsistent with the Comprehensive Plan of that jurisdiction. Policy 1.1.2 of the City's Future Land Use Element of the Comprehensive Plan states that "The City shall issue development orders or permits only if roadways, recreation, and school facilities exist, are provided for in accord with the February 26, 2019 Page 3 requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service." As we have not seen a traffic study, we do not have sufficient information to gauge whether the proposed development will burden the rights of way adjacent to the proposed site and Coastal Bay HOA. Accordingly, we request that the applicant meet with Coastal Bay HOA in order to work through some of the issues mentioned above. We trust that the Planning and Development Board will agree with our modest requests and take action appropriate to that effect. Sincerely yours, Jeremy Shir �01- kL For the Firm CC: Mr. Shahn Gross, President of Coastal Bay Homeowners Association, Inc. Mr. Peter Jannis,Treasurer of Coastal Bay Homeowners Association, Inc. Mr. Ed Breese, Planning and Zoning Administrator Boynton Beach Mr. James Cherof, City Attorney Boynton Beach Ms. Judith Pyle, City Clerk Boynton Beach Mr. Robert Rubinstein, Becker & Poliakoff Ocea Breeze ast O 700 N. 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Ee /� O Ocean Breeze East Floor Plans: ...W.Q.W. r*✓ 1 a 1 iii) �� '� � � ^`^J �� !, 7° J Jf 1 - __ I 7� _7'rm I I I I ' I ,C-LIM-'I R3edruom 11®ammo. ®-Unit-2 Bedroom 12 Bathroom C-Untt-3 Bedraem d 2 Bathram Ee / O Ocean Breeze East Unit Balconies/Patios in all Units 6 foot side walks Wood Cabinets Fitness Center ° Granite Countertops Street parking Tile Flooring Energy efficient exterior lighting Large Walk-In Closets Playground/Tot Lot Washer & Dryer in Units Clubhouse and Pool Window Treatments Beautiful color scheme Luscious landscaping Hurricane impact glass Alarm ready units �� ... Green uuuuuuuuuui uuuuuuuui Business Ce rtii ed.,/ Ocean Breeze East ............. .... High Efficiency 15 SEER AC Units Energy Star .Appliance Packages � Energy Lower U-Factors Efficient / &SHGC for Water Sense PlumbingFixtures nfl iows and � HVAC 1 Doors Energy Star Lighting Futures iystes Increased site Energy Efficient Hurricane Impact Drainage Energy star Windows & SlidingGlass Doors � standards& Certified Ecce/Water Appliances& Programmable Thermostats Friendly Fixtures Local& Landscaping Renewable Construction Materials a - - keen Breeze East We at Centennial Management Cor are very excited about the opportunity to work together with t e City and CRA to develop and contribute to the Boynton Beach Community with Ocean Breeze East. successful.We would like to thank staff and all others that contribute to mak-ing this community n j-jD,-7 Committee/Board p MEETING DATE: NAME (PRINT) ADDRESS PHONE ITEM NO, I-- 731 V- /0�4 7- 8S7 Sell ILIA Jeremy B.Shir,Esq. Becker Attorney at Law Picone: (954)364-6028 Fax:(954)985-4176 jshir@beekerlawyers.com Becker& Poliakoff I East Broward Blvd.,Suite 1800 Ft.Lauderdale,FL 33301 February 26,2019 Via Email Boynton Beach Planning and Development Board Intracoastal Park Clubhouse 2240 N Federal Highway Boynton Beach, FL 33435 RE: Coastal Bay Homeowners Association, Inc. ("Coastal Bay HOA') Opposition to and Concerns with proposed Taco Bell Conditional Use and Major Site Plan Modification Application Submitted by Raymond Funk,Coastal QSR,LLC("Applicant")to be located at the NW corner of South Federal Highway and SE 23'd Avenue,Boynton Beach,FL Dear Planning and Development Board Members: This law firm has been retained to represent the interests of Coastal Bay HOA in connection with the aforementioned application. Unfortunately, as we were retained at a relatively late date, we are not able to attend the Hearing due to a previously scheduled matter. Nevertheless,we are confident you will take our concerns and analysis seriously. Coastal Bay HOA is located nearly adjacent to the proposed Taco Bell, with SE 23rd Avenue serving as the only bifurcation. The Association represents property owners and taxpayers who are concerned about the impact on their quality of life,potential for increased traffic and stacking, proper buffering to prevent noise and light pollution, failure to meet the City's land development code requirements for a conditional use application, and compatibility and consistency with the Comprehensive Plan should this application be approved. The applicant has never reached out to meet with our client to discuss the myriad issues and unintended byproduct this proposed use will have on the existing residents and stakeholders in the community. We respectfully ask that the applicant schedule a meeting with our client to discuss these concerns,and/or that the Planning and Development Board include as a condition of approval a meeting between applicant and Coastal Bay HOA prior to the City Commission hearing. Conditional Use Standards Per the City staff report and the applicant's Justification Letter, drive-through restaurants in the C-3 Zoning District must receive a conditional use approval. Chapter 3,Article IV, Section 4 of the City's Land Development Regulations lays out 12 standards for evaluating the effect of a proposed conditional use on the general health, safety and welfare of the community. We are particularly concerned with Standards 1, 2, and 5 insofar as we have not received, nor do we believe the applicant has submitted into the record sufficient information upon which to render judgment that these standards will or have been met by the applicant. evww.heckerlawyers.com Florida j New Jersey 1 New York f Washington,O.C. Boynton Beach Planning and Development Board February 26,2019 Page 2 Standard l: 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; As of the date of this letter,we have not seen any traffic report or study by a traffic engineer/consultant analyzing the existing Level of Service ("LOS") on SE 23rd Avenue or on South Federal Highway. It would be prudent to review data showing the AM and PM peak hours,traffic flow,stacking, and other issues to understand whether an extra lane,or other ameliorative measures would be necessary to accommodate the increase in traffic. Standard 2: Off-street parking and loading areas where required,with particular attention to the items in subsection C.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; Drive through restaurants are notorious for attracting high school and college students at late hours. That is part of the business model,and we do not wish to impede upon anybody's craving for a taco in order to continue studying for finals; however, we respectfully request that the applicant meet with our client to discuss whether limiting hours of operation would make the most sense, or other measures can be taken to mitigate the impacts of late-night clientele Additionally,we have not seen a photometric study indicating the intensity and range of light that will emanate from the proposed Taco Bell. imodAW 5: Screening,buffering and landscaping with reference to type,dimensions, and character; There is an existing sound wall that may block out some of the effects of the proposed Taco Bell on Coastal Bay HOA, but it may not be tall enough to truly ensure compatibility .and protect the health,safety and welfare of the community. The Board is very concerned that noise and light pollution may increase,especially at night. ConsistennjEfth Comprehensive Plan er F.S. 163 The applicant must prove that its proposed use meets the relevant goals, objectives and policies of the Future Land Use Element of the County Comprehensive Plan, which is the overarching document guiding growth. If the Comprehensive Plan is the equivalent to the Constitution, the Zoning Code is equivalent to statutes; therefore they must provide evidence indicating that it is consistent. There is well-established case law in Florida overturning local decisions made by quasi-judicial boards when applications were found to be inconsistent with the Comprehensive Plan of that jurisdiction. Policy 1.1.2 of the City's Future Laird Use Element of the Comprehensive Plan states that "The City shall issue development orders or permits only if roadways,recreation,and school facilities exist,are provided for in accord with the requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service." As we have not seen a traffic study, %vw-::.t;eeke rlsvgars.com Florida t New jersey;New'York E Washington.D c Boynton Beach Planning and Development Board February 26,2019 Page 3 we do not have sufficient information to gauge whether the proposed development will burden the rights of way adjacent to the proposed site and Coastal Bay HOA. Accordingly, we request that the applicant meet with Coastal Bay HOA in order to work through some of the issues mentioned above. We trust that the Planning and Development Board will agree with our modest requests and take action appropriate to that effect. Sincerely yours, Jeremy Shir For the Firm CC: Shahn Gross,President of Coastal Bay Homeowners Association, Inc. Peter Jannis,Treasurer of Coastal Bay Homeowners Association,Inc. Ed Breese, Planning and Zoning Administrator Boynton Beach James Cherof, City Attorney Boynton Beach Judith Pyle, City Clerk Boynton Beach Robert Rubinstein,Esq., Becker&Poliakoff ACTIVE:120265951 w vw.beckc0awyers_com Florida( New Jersey;Nev,,York I Washington,D.0 change org r ,,ee ipi nt: City of Boynton Beach Commission, City of Boynton Beach Planning/Development Board, Mayor's Office City of Boynton Beach Le, Greetings, Petition against fast food restaurant at corner of SE 23rd Ave (Golf Rd.)and US 1 33435 Gmail - Fwd: Taco Bell petition Page 1 of 2 MG, mail Peter Jannis<peter.jannis@gmail.com> Fwd: Taco Bell petition 1 message Pete Jannis <coastalbayhoa@gmail.com> Tue, Feb 26, 2019 at 12:49 PM Reply-To: Pete Jannis<coastalbayhoa@gmail.com> To: Peter Jannis<peter.jannis@gmail.com> Sent from myMail for iOS --------Forwarded message------- From: <coastalbay@comcast.net> To: coastalbay<coastalbay@comcast.net>, Coastalbay Hoa <coastal bay hoa@g ma i 1.com> Date: Tuesday, February 26, 2019, 12:42 PM -0500 Subject: Taco Bell petition The large long vacant lot across from the Sunoco station originally zoned for a medical building is now proposed for a conditional use and site plan approval to build a Taco Bell fast food drive thru restaurant. We have nothing against well planned development. However, the 2 lane traffic on SE 23rd Avenue already often backs up for many lights heading east and west. The City of Boynton Beach long ago installed a red light camera at the intersection of US 1 and SE 23rd due to it being an extremely dangerous intersection. My wife has witnessed a pedestrian killed by a speeder at that corner and we were nearly hit by a racing police car running a red light without his lights on there as well. To further exacerbate these traffic concerns with construction of a fast food restaurant with drive thru at this very corner will needlessly further endanger the public's safety € and greatly lower the quality of life for the neighboring quiet residential $270,000 per unit (Zillow) gated HOA communities. " To have the only access from the two lane SE 23rd ave that is already overwhelmed is poor planning. That is why the application for zoning change must not be approved. However, if the j. project is not blocked then there should be a conditional approval requirement that the impact fees from the development be sufficient to partially expand SE 23rd avenue to a four lane road along the south side of the development, using part of the to be developed vacant lot to alleviate traffic congestion at the intersection and improve the https://mail.google.com/mail/u/O?ik=02' bb 86c6&view—pt&search=all&permthid=thread... 2/26/2019 Gmail - Fwd: Taco Bell petition Page 2 of 2 pedestrian walkways for the residents who cross the intersection and frequent the sidewalks. To widen the road would require moving concrete power lines and may not be feasible making the project dubious. This project and its decision makers must consider that this is a City and not a suburb and that a fast food restaurant with a drive thru at this dangerous and congested corner will cause much heart ache and safety concerns to its neighbors. IThe vacant Culinary Solutions a few lots north at 2201 S Federal Hwy, Boynton Beach, FL 33435 is already zoned for a restaurant. Although Taco Bell's site location strategy calls for a corner of a lighted intersection, given the already chaotic traffic at the proposed intersection, maybe Taco Bell can make an exception to allow location to the vacant Culinary Solutions' site which is more of an eye sore than the proposed corner vacant lot? Sent from myMail for iOS https:Hmail.google.com/mai 1/u/0?i k=023 3 bb 86c6&view=pt&search=all&permthid=thread... 2/26/2019 Name Location Date Veronica Drako Boynton Beach, FL 2019-02-21 Mike Shields Boynton Beach, FL 2019-02-21 Sadi Pajaziti Boynton beach, FL 2019-02-21 Kiki Blanda Commack, NY 2019-02-21 Frederick Persaud Boynton Beach, FL 2019-02-21 Chris brown Boynton Beach, FL 2019-02-21 Debra Buis Welington, FL 2019-02-21 Jon Groover Hollywood, FL 2019-02-21 William Lewis Boynton Beach, FL 2019-02-21 Joy Anzarouth Boynton Beach, FL 2019-02-21 Kayode Edmonds Middletown, RI 2019-02-21 Victoria Moser Fort Lauderdale, FL 2019-02-21 Michele Aurigemma Boynton Beach, FL 2019-02-21 Joshua Ramirez Boca Raton, FL 2019-02-21 MICHELLE DETTELBACH Boca Raton, FL 2019-02-21 Marc Levy Boynton Beach, FL 2019-02-21 Charlotte La Ferrera Boynton Beach, FL 2019-02-21 Jennifer Hill Boynton Beach, FL 2019-02-21 Jessica Edmonds Staten Island, NY 2019-02-21 Alyssa Groover Cocoa Beach, FL 2019-02-21 Janet Leach Boynton Beach, FL 2019-02-21 Robert Lavecchia Delray Beach, FL 2019-02-21 Name Location Date Katrina Gaffney Boynton Beach, FL 2019-02-21 David Persaud Boynton Beach, FL 2019-02-21 George Sigler Boynton Beach, FL 2019-02-21 Cathy Strine Boynton Beach, FL 2019-02-21 Halle Headberg Boynton Beach, FL 2019-02-21 Randi Daniel Decatur, GA 2019-02-21 ADRIENNE WINSTON Boynton Beach, FL 2019-02-21 Hazel Goldberg Delray Beach, FL 2019-02-21 Donna Oral Delray Beach, FL 2019-02-21 Elizabeth Christy North Palm Beach, FL 2019-02-21 Erick Berman Boynton Beach, FL 2019-02-21 Kim Frohlinger Boynton Beach, FL 2019-02-21 Richelle Pecora Union City, NJ 2019-02-21 Andres Hoffmann BOYNTON BEACH, FL 2019-02-21 Jelena Rubesa Greece 2019-02-21 B Donato Boynton Beach, FL 2019-02-21 Sheri Goldstein Reykjavik, US 2019-02-21 Amy Kahn Pompano Beach, FL 2019-02-21 Kathy Gross Boynton Beach, FL 2019-02-21 Dawn Bowers West Palm Beach, FL 2019-02-21 C HILEMAN MELBOURNE, FL 2019-02-21 Bill Lee Boynton Beach, FL 2019-02-21 Name Location Date Sharon Holden Boynton Beach, FL 2019-02-22 Charlotte Faircloth Lakeland, FL 2019-02-22 Valia Dracopoulou Athens, Greece 2019-02-22 Pstty Carbonneau Wilbraham, MA 2019-02-22 Krista Cerasoli Boynton beach, FL 2019-02-22 Kenneth Fullerton Boynton Beach, FL 2019-02-22 f iwpyoq KaK�q Mu-cLX jvri, Greece 2019-02-22 martha garcia Bogota, Colombia 2019-02-22 Jim Cheer Boynton Beach, FL 2019-02-22 Paula Powers Boynton Beach, FL 2019-02-22 Katie Keller Boynton Beach, FL 2019-02-22 Janet Feller Boynton Beach, FL 2019-02-22 Astrid Derfler West Palm Beach, FL 2019-02-22 Guillermo Orozco Boynton Beach, FL 2019-02-22 Carmenza Blauch Boyton Beach, FL 2019-02-22 Michaelene Siemion Loxahatchee, FL 2019-02-22 William Oates BOYNTON BEACH, FL 2019-02-22 Anthony Palaigos Boynton beach, FL 2019-02-22 Doug Werner West Palm Beach, FL 2019-02-23 Elizabeth Watts Boynton Beach, FL 2019-02-23 Mike Valquez Pompano Beach, FL 2019-02-23 Julius Lee Boynton Beach, FL 2019-02-23 Name Location Date Lisa Fein Boynton Beach, FL 2019-02-25 Iiia Iovelli Delray Beach, FL 2019-02-25 Panagiotis Drakopoulos Athens, Greece 2019-02-25 Shahn Gross Boynton Beach, FL 2019-02-25 Omayra Lopez Boyn 1 - - yn c , FIL 2019-02-25 Brian Daley Boynton Beach, FL 2019-02-25 Myriam it Lauderdale, FL 2019-02-25 Michelle Thorpe ilton, US 2019-02-26 Joyce Johnson Pompano Beach, US 2019-02-26 r , sus Immokalee, US 2019-02-26 Romero-Menendez Janet Casselloint rin 2019-02-26 AI Nas West Palm Beach, FL 2019-02-26