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Minutes 04-23-96MINUTES OF THE SPECIAL PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL.~ BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 23, 1996, AT 7:00 P.M. PRESENT Stan DubS, Chairman Jim Golden, Vice Chairman Jose Aguila Robert Eisner Barry Hill Maurioe Rosenstock Lee Wische Pat Frazier, Alternate James Reed, Alternate Tambri Heyden, Planning & Zoning Director Mike Haag, Zoning & Site Develop. Admin. Jerzy Lewicki, Asst. Planner Mike Pawelczyk, Asst. City Attorney 1. PLEDGE OF ALLEGIANCE Chairman Dub~ called the meeting to order at 7:09 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERR Chairman Dubb acknowledged the presence in the audience of Commissioner Tillman, and introduced the board members. 3. AGENDA APPROVAL Vice Chairman Golden moved to approve the agenda as presented. Mr. Aguila seconded the motion which carried unanimously. 4. APPROVAL OF MINUTES Vice Chairman Golden moved to approve the minutes of the April 9, 1996 meeting. Mr. Wische seconded the motion which camed unammously. 5. COMMUNICATIONS AND ANNOUNCEMENTS Ms. Heyden distributed copies of The Planning Commissioner's Journal to each member of the board. The cost of the Journal was included in the Planning and Zoning Department's budget for 1996, A. Final Disposition of Last Meeting's Agenda Items Ms. Heyden reminded the members that the two items addressed by them at the Past meeting were the conditional use request for The Villager Pub at The Villager Plaza, and the NationsBank request to amend their previously-approved site plan. City Commission action was as follows: MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Conditional Use Approval for The Villa.qer Pub - Approved and deleted all staff comments with the exception of tagging the Occupational License. NationsBank - Approved subject to staff comments. The City Commission deleted the recommendation to relocate the dumpster. Mr. Aguita questioned whether there was any discussion at the City Commission meeting relative to an Ordinance which would allow the City to go back to previous site plan approvals to ensure that they are being maintained. Ms. Heyden explained that Mr, Aguila's suggestion is already contained in the Site Plan Ordinance. In the case of The Villager Pub, staff pulled the site plan and made the determination that there was a landscape hedge to screen the dumpster, and a buffer wall. The City will pursue these issues with Code Enforcement. Chairman Dubb advised that he was oresent at the City Commission meeting, and there was discussion about enforcing site plans. The City will be looking at old site plans to ensure that they are maintained. Chairman Dubb confirmed with Ms. Heyden that the last City Commission/Planning and Development Board Workshop on the E.A.R, has been scheduled Ior May 13, 1996. Although she was not certain of the time, she believed it will be held at 6:30 p.m. 6. OLD BUSINESS None 7. NEW BUSINESS: A. SUBDIVISIONS Master Plan Modification Project Name: Agent: Applicant: Location: Description: Shoppes of Woolbright PCD Louis R. Campanile, Jr. CCL Consultants, Inc. Howard Scharlin, Trustee North side of the intersection of Woolbright Road and S.W. 8th Streel Request to amend the previously-approved master plan to reduce the building size of Outparcel 1 from 6,920 square feet to 5,930 square feet; increase the building size of Outparcel 2 from 5,755 square feet to 6,745 2 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 square feet; Outparcel 3, remove the drive- through lane; change the use of the 5.36 acre tract on the west side of S. W. 8th Street from a 28,000 square foot commercial building to a 9,970 square foot (180 seat) sit-down restaurant; and expand the size and boundary of the PCD by reduction of the width of Morton's Way from 80 feet to 50 feet. At the board's request, Chairman Dub~ requested that staff not make a presentation, but be available to respond to questions. He asked that the applicant respond to the 26 comments contained within Exhibit "D". Chairman Dub8 explained to the applicant that in order to avoid being repetitious, the board started a practice of not reviewing all of the information contained in the back-up packet. Instead, the practice nas been to allow the applicant to respond to the Conditions of Approval. In response to Chairman Du136's question, Louis Campanile, 2200 Park Central Boulevard North, Pompano Beach, stated that the applicant agrees to the conditions stated, with conditions of their own. There are turn lanes, deceleration lanes, and right turn lanes that are required by staff, that they would like to be subject to working out with City staff and their Traffic Engineer. A decision was made to address each comment individually as follows: Comment #1 The applicant agrees. Comment #2 The applicant reserves the right to work this out with staff and the traffic engineer to see if it is warranted. If warranted, they agree. Comment #3 The applicant agrees. Comment #4 The applicant agrees. Comment #5 The applicant agrees. Comment #6 The applicant agrees. Comment #7 The applicant reserves the right to work this out with staff and the traffic engineer to see if it is warranted. If warranted, they agree. MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Comment #8 The applicant reserves the right to work this out with staff and the traffic engineer to see if it is warranted. If warranted, they agree. Comment #9 The applicant agrees. Comment #10 See remarks below. Michael Morton, one of the property owners, 902 Clintmore Road, Boca Raton, addressed this comment. He stated that this same comment appears in Comment #13. When the settlement agreement was signed in November, 1995, there was a provision that a landscape berm be placed to the west of the drainage lake between the houses and Leisureville. This is part of the PUD. They were ready to install the landscape berm, when they were called to a meeting with Commissioner Jaskiewicz and Attorney Cherof. Commissioner Jaskiewicz requested that prior to the installation of the landscape berm, she be given an opportunity to meet with the Leisureville Homeowners" Association to see if there was any change to what was agreed on. The owners had agreed to a 5' high berm and a Ficus hedge on top of that berm, which would be sprinklered. Commissioner Jaskiewicz thought some of the people involved might want something different. She took the time and effort to work on this situation. However, on March 29, she sent Mr. Morton a letter advising that she had different opimons, and no one could agree. Therefore, she recommended installing it as per the original agreement. Mr. Morton stated that, at the present time, he has an electrician who is putting together all of the required documents in order to pull the permits to put in the electric required for the sprinkler pump. An irrigation contractor has a plan which will be submitted showing how the berm and the property around the take will be sprinklered. The landscape material has been ordered for the berm and landscape area. This berm would have been completed in February had it not been for a request by Commissioner Jaskiewicz to hold off on the installation. Mr. Morton agrees with Comment #10; however, he wanted the members to know that he is not in default because he did not install the berm in a timely fashion, as stated in Comment #13. He delayed the installation at Commissioner Jaskiewicz' request. Mr. Morton said Comments #10 and #13 are being handled. Mr. Haag commented that Comment #10 requires immediate planting around the drainage lake. This is different from the berm. Mr. Morton stated that the agreement which was signed in November talked about the berm in Leisureville. He does not believe it talked about the planting around the lake. The applicant planned to do the planting around the lake in conjunction with Phase I of Trammel Crow's project and the 14-acre parcel that ~s currently in for approval. The MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 sprinkler is now being put in place, and he has already spoken with a landscape contractor about the material. The planting around the lake and the berm will be done. Ms. Heyden pointed out that these comments must stand because the City has been back and forth on these issues. This is the reason for the revised stipulated settlement. The condition should remain, and if the Commission wishes to allow more time, they can revise the settlement agreement. In addition, Ms. Heyden did wot believe any permits have been submitted. Mr. Morton said they are being worked on now. When Commissioner Jaskiewicz' letter of March 29 was received, the electrical contractor (Marshall Electric) and the sprinkler contractor (Diaz Irrigation) were doing the plans. There is a meeting tomorrow morning with the Landscape Architect for Tradewinds to put the seal on the landscape plans. Mr. Morton said he sent a letter to the Commissioners advising that he received Commissioner Jaskiewicz' letter of March 29th, and was proceeding forward. Everything should be in within the next five to ten days. Chairman Dub6 acknowledged the presence in the audience of Commissioner Titcomb. Ms. Heyden feels there is no reason why Mr. Morton has not complied with Comment #13. The recommendation is that this be done prior to the permit being submitted for Cracker Barrel. If Mr. Morton's timing is correct, it will happen before that time. Mr. Morton stated that the applicant is doing this, but does not want to hold up Cracker Barrel from going in for their permit. He recommended holding them up from getting their Certificate of Occupancy. Cracker Barrel is trying to be completed by May. Their plans are in the Building Department. This is all being expedited. Mr. Morton agreed that before issuance of the Certificate of Occupancy, everything will be in Comment #11 The applicant agrees. Comment #12 The applicant agrees. Comment #13 The applicant agrees with Comment #13 subject to the second paragraph being changed to read, "Considering that the landscape berm was not corn pleted within three months of the November 7, 1995 date as described in Resolution No. R95-65, it is recommended that permit plans for the landscaping and berm be submitted to the Building Division of the Development Department prior to issuance of the Certificate of Occupancy for the Cracker Barrel facility, or any other permit being issued for the PCD." 5 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Comment #14 The applicant reserves the right to work this out With staff and the traffic engineer to see if it is warranted. If warranted, they agree. Comment #15 The applicant agrees. Comment #16 The applicant reserves the right to work this out with staff and the traffio engineer to see if it is warranted. If warranted, they agree. Comment #17 The applicant agrees. Comment #18 The applicant agrees. Comment #19 The applicant agrees. Comment #20 The applicant agrees. Comment #21 The applicant agrees. Comment #22 The applicant agrees. Comment #23 The applicant agrees. Comment #24 The applicant agrees. Comment #25 The applicant agrees. Comment #26 The applicant agrees. Vice Chairman Golden noted that the access road to the industrial area was reduced in size from 80' to 50'. He questioned the basis for the reduction. Mr. Morton explained that there was some disagreement of the use of the entire piece of road in the future for the development of the Winchester property. Rather than trying to abandon the entire 80', the applicant agreed to a 50' right-of-way. The applicant will build the road by 1997. As part of the agreement, the applicant got 30' which will be added on to the PCD. The City told the applicant they were working diligently with railroad and DOT to effectuate a new rail crossing at that location. This was a negotiated situation in the November, 1995 agreement. Vice Chairman Golden expressed concern that if the property to the eastern tracks develops industrially, 50' will make a small road. MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 As a result of discussions with railroad representatives and FDOT, Mr. Morton does not believe the crossing will ever be approved. In response to Mr. Aguila's request, Mr. Morton said they hired Maria Palumbo to do a full traffic study based on the allocation under the 1997 agreements. This is based on the land use approved by those agreements. She anticipates its completion within the next four to five weeks. She will then meet with the Palm Beach County Traffic Engineer to seek approval. In conjunction with the approval from Palm Beach County, she will bring that study to the City and meet with staff. There is supposed to be a meeting set up with staff for Ms. Palumbo to discuss her plans. One outstanding issue has been that each time a small component is brought in, it is impossible to do a true traffic study because until it is known what will be built on the last piece of property, it is unknown what the total traffic count will be. The applicant is aware of the fact that he cannot exceed his allocation under the 1990 agreement. Ms. Palumbo will write a letter that states Cracker Barrel and the 14-acre s~ ngle-family plan change that will come before the board soon, will not, in any way, take away all of the traffic allocation. Before another component is brought in, Ms. Palumbo will have the study for staff to review. Mr. Aguila noted that the position Mr. Morton was taking was that at the end, he may not be able to do all he wants to do because the allopation might be exhausted. Mr. Morton agreed this is possible, but he is confident it will not happen. Ms. Heyden noted that Comments 2, 7, 8 14, and--16 all deal with traffic; specifically turn lane analysis. Because traffic studies do not always deal with turn lane analysis, and it is only reviewed for the minimum that Palm Beach County requires, it is up to the City to reviewthe safety situations. She recommends that the comments remain. There are two weeks before the next City Commission meeting. A meeting will take place with Palm Beach County prior to the City Commissic ~ meeting, and a determination will be made. Vice Chairman Golden agreed with Ms. Heyden's remarks. He agrees staff's comments are good from a traffic safety standpoint. Mr. Aguila questioned whether the medians are wide enough to accommodate the left- hand lane. Mr. Campanile responded negatively, and said there is already a left-hand turn lane into the north entrance of Cracker Barrel. Mr. Aguila feels it is prudent for staff to insist on a nght-turn into the Taco Bell property and into Home Depot. He is not in favor of waiving this comment. Vice Chairman Golden also pointed out that the landscaping along Home Depot presents a visibility problem. 7 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Campanile advised that there are two entrances into Cracker Barrel -- a north one and asouth one. One of the comments asked for a turn lane to the south entrance, but a turn lane already exists at the north entrance. Mr. Morton added that the first left into the Cracker Barrel is probably the one that will fit based on what is available. If an attempt is mace to put in a southbound left and a northbound dght, there will be problems. Mr. Morton agrees with the northbound left. He does not disagree with any of the comments; however, he wants to review this with staff and the traffic engineer. They agree with anything that is pu ~lic safety, and will install those lanes. That is not an issue because it is a benefit to everyone. However, there is not enough room for the southbound left and northbound dght. Mr. Morton clarified for Mr. Haag that staff is requesting a southbound left into Taco Bell, a northbound left into Cracker Barrel There is not enough room to do both. Trying to fit both turn lanes will cause more of a problem. If it can be done, Mr. Morton has no objection:to it; however, he needs to look at it to figure out the configuration and review the safety issues. If it is a safety issue, it will be done, Chairman Dubb requested clarification about the removal of the drive-through. Mr. Campanile explained that there was some confusion about the request in Item #3. Mr. Campanile heard comments that the drive-through lane was removed. It was not the intent of the applicant to have that lane removed. The drive-through lane is on the plans, although it may not be labeled as a drive-through lane. They want a drive-through lane as part of the approval. Mr. Morton said there was a plan that showed Burger King as 3,175 square feet versus 2 500 square feet with a drive-through on the east side. That plan did not get into the hands of staff. There was never an intent to remove the drive-through on the east side which was previously approved. Burger King is 3,175 square feet with a drive-through. Vice Chairman Golden questioned whether or not there is a possibility for a cross-access between Cracker Barrel and the gas station. Mr. Morton said they have been trying to get this to happen. There have been discussions between Cracker Barrel and RaceTrac to enable this to happen The gas station's west property line is incorrect on the master plan. They bought the parcel, but it did not get picked up. That will be cleaned up prior to this application going to the Commission. Ms. Heyden clarified that when the gas station was approved, the boundary, as it currently appears, was the one shown. Mr. Morton said RaceTrac is not exceeding that boundary. They just own the property. Ms. Heyden said the drive-through issue ~s in the agenda because it was part of the submittal letter. Staff was eliminating the drive-through lane at the applicant's request. However, it is a minor ~ssue, and can be put back on the plan. MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Chairman Dubb acknowledged the presence in the audience of Mayor and Mrs. Taylor. Motion Vice Chairman Golden moved to recommend approval of the master plan modification for the Sho?es of Woolbright PCD to amend the previously-approved master plan to reduce the buil~li~g size of Outparcel 1 from 6,920 square feet to 5,930 square feet; increase the building size of Outparcel 2 from 5,755 square feet to 6,745 square feet, change the use of the 5.36 acre tract on the west side of S. W. 8th Street from a 28,000 square foot commemial building to a 9,970 square foot (180 seat) sit-down restaurant; and expand the size and boundary of the PCD by reduction of the width of Morton's Way from 80 feet to 50 feet subject to staff comments with the exception of Item 13 to modify the word permit to Certificate of Occupancy in the Second paragraph. Mr. Aguila seconded the motion. On the issue of the traffic report, Mr. Aguila confirmed with Mr. Morton that he is committed to working out the issue of the turn la:nes. Mr. Morton said Maria Palumbo will meet with staff and work out all of the turn lanes and make sure public safety is addressed. John Coors, with Austin Construction, who is building the RaceTrac, saw th e signs on the property, and decided to attend the meeting to see what was going on. The motion carried unanimously. B. SITE PLANS New Site Plan 1. Project: Agent: Applicant: Location: Description: Cracker Barrel Old Country Store Louis R. Campanile, Jr. CCL Consultants, Inc. Howard Scharlin, Trustee East side of S.W. 6th Street, approximately 200 feet north of Woolbright Road Request for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright P.C.D. Louis Campanile, 2200 Park Central Boulevard North, Pompano Beach, represented the applicant. In response to Chairman Dubb's question, he advised that most of the 53 comments are minor, and the applicant agrees to all with the following exceptions: MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Comment #7 Comment #7 is the result of the TRC meeting. They would like the fire line and double- check valve on the north side of the building rather than the south side of the building. In checking with the architect for Cracker Barrel, all of their service for water comes out of the south side of the building. It would be a hardship for them to change their plan to have the service come out of north side of the building. Both north and south sides of the building have equal access for the Fire equipment. The entire site is designed to accommodate semis, buses, etc. Mr. Aguila suggested that the applicant consider moving the hydrant to the north side of the island as a. compromise. Mr. Campanile feels this is an excellent suggestion, and has no problem making that offer to the Fire Department. Comment #47 Mr. Campanile referred to the colored renderings of the building which were displayed on the easel At the TRC meeting, a suggestion was made that the landscaping for the entire PCD be tied in as one so that there will .be continuity within the shopping area. Mr. Aguila asked if there was any discussion about toning down the corporate identity on the sides and rear of the building, and only maintain it on the east elevation. Mr. Campanile's response was negative. He stated that he has only discussed all or nothing, and Cracker Barrel has said it's either all or nothing. Mr. Aguila did not feel this was a very good attitude to take when trying to work things out. Mr. Rosenstock said he has traveled all over the country and seen many fast-food chares that have changed their outside identification and look to suit the look of the community they are n. The best example of this is McDonald's. In Boca Raton, one would never know a McDonald's exists unless you saw the two or three foot arches. Mr. Rosenstock suggested Mr. Campanile go back to Cracker Barrel and tell them they should beg~n compromising if they want his support. We have a design plan and we cannot govern by exception. Mr. Aguila agreed with Mr. Rosenstock's remarks. "All or nothing" concepts are nonsense, and it gives him a different attitude. He feels it is fair to request that they tone down the sides and rear of the building. Those areas do not make any kind of statement. That toning down would gain his support of this project. Mr. Campanile advised that Cracker Barrel did not give an ultimatum, but they did state that it is mportant for them to have their corporate identity. tO MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Mr. Morton said Cracker Barrel is a unique restaurant. It is called, "Cracker Barrel, Old Country Store". That is their name and their logo. Trying to get conformity of Code in a PCD is difficult. The yardsticks for architectural control would be RaceTrac Petroleum or Th6 Home Depot. Mr. Aguila pointed out that boards and Commissions have people come into conformance with the surrounding communities. Miami Subs is a prime example of that situation in Boynton Beach. In the end, they complied with the Commission's requests, and they are operational and a great store. When he suggested a fair compromise to keep the front as is, but tone down the sides and rear by using more stucco and less wood siding, he cannoz imagine why they would feel they are not getting their message across. Mr. Morton offered to contact the Cracker Barrel representative to discuss this situation. Mr. Rosenstock advised that the City of Boynton Beach will be participating n a Visions 20/20 program in approximately one week. Mr. Rosenstock has stood before the Commission and this board and talked about developers in the community. Our community is now planning for the future. He feels that an architectural plan as to what we want our Cityto look like has been cut down because of developers like Mr. Morton. Mr. Rosenstock does not feel Mr. Morton has done this maliciously; however, because RaceTrac does not fit in with anything, and Home Depot does not fit in with anything, we will wind up with a tremendous parcel of the property that will be a garbage can with regard to design. Mr. Rosenstock feels the developer should have a little respect for the community and try to abide by the design plan. He feels the time has come to stop all these exceptions. Vice Chairman Golden agreed with Mr. Aguila's comment about the compromise to the east side of the building, and feels it is a reasonable solution. Chairman Dubb expressed some concern about what Leisureville will see from across the way since the berm is 5'. There ~s a pad at the rear of the building with wood sitting on it. Mr. Morton said the berm that will be landscaped is not on the plan. It is on the outside. In addition, Leisureville, in this particular location, is across the canal. The project will .not back up to Leisureville because there is a berm, a canal and an FPL easement. Vice Chairman Golden (;uestioned whether the rooftop equipment was considered for parapet screening. Mr. Lewicki said staff has discussed this issue. Mr. Aguila advised that there is something in the Code which states that this equipment may not be visible for distances of 600'. Mr. Morton agreed that this project will meet that requirement. In reviewing the plans, one of the things that caught Mr. Aguila's attention is the light in the island on the north side of the store which shines towards the dumpstersl That light wil ]! MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 impact the resident on the west by shining into their homes. He recommended finding another way of lighting that area. Mr. Aguila also questioned the location of the buffer wall, and the s~ze of the buffer wall. Mr. Morton advised that there was agreement with the Commission that there would be no walt on the west. 'The applicant is putting in the berm and hedge on the west. They also agreed that instead of the wall, they will install a landscape berm on the north property line. There are other comments, however, that say there should be a wall. In addition, there is another issue. There is some question as to the exact north property line. Mr. Morton will have surveyors prove the answer to the City's satisfaction. The church wanted more land in 1987. Although there was not much to give them, they did give them some land. There are deeds to that extra strip. Now there is confusion as to where the church's south property line exists. When the applicant came through with Acme Plastics several years ago, it was discovered that there is a strip that the church has that is zoned PCD. The remainder of their property is PUD. Mr. Morton thinks the strip is between 20' and 30', but staff thinks it may be 130'. All of these issues will be cleared up under replat. However, it brings up the issue that Cracker Barrel is not up against the PUD. It is up against the PCD. Mr. Morton believes the strip of PCD is part of the church's property. The final determination can be made when the survey is figured out. Vice Chairman Golden inquired if the recommendation is to rezone the strip to PUD if it is part of the church property. Ms. Heyden responded affirmatively, but reported that there is a lot of information that must be researched. Mr. Aguila feels there might be a sight triangle problem created by the plantings in the median. Mr. Morton agreed. He said it is an approved planting plan, but it affects the sight lines. When they go through the program of left-turn lanes, they may have to readjust the planting material. He feels the live Oaks may have caused the s~ght line problems. Mr. Aguila advised that he will support the site plan if Cracker Barrel will commit to getting rid of the side and rear elevation materials, stucco it, and add minor ornamentation. He will not support the site plan with the elevation as presented. Vice Chairman Golden would like to see the revised elevation; however, Mr. Aguila explained that that would delay their forward movement for a month. Vice Chairman Golden suggested that the elevations be removed from the site plan and brought back to the Planning and Development Board if possible. Mr. Morton said he will speak with Cracker Barrel to see how they feel about making the t2 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 changes requested. Mr. Morton does not feel it is neCessary to stucco the north elevation. Vice Chairman Golden expressed concern about the integration of the site with the RaceTrac strip to the north, the sight problems, and the comments about landscaping. He feels more work is needed to make this project conform with the surroundings. Ms. Heyden asked the board to verbalize its recommendations on the elevations. She requested that the applicant take the suggestions back to Cracker Barrel and submit a revised elevation for the City Commission so they can see the recommendations. Chairman Dub6 questioned whether or not the expedited process was responsible for the number of comments that exist. Ms. Heyden respor~ded affirmatively and explained that the expedited process does not allow a second submittal. However, some of the comments would still exist, but one quarter or one third of them might have been eliminated. Motion Mr. Aguila moved to approve the site plan submitted by Cracker Barrel Old Country Store on the east side of S. W. 8th Street, approximately 200 feet north of Woelbright Road, the request for site plan approval of a 9,970 square foot, 178 seat restaurant/gift shop on 4.12 acres located on a portion of Tract B of the Shoppes of Woolbright PCD subject to all staff comments and subject to the owners of the property agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety, and submitting a revised elevation to the City Commission for their acceptance. Vice Chairman Golden seconded the motion Attorney Pawelczyk confirmed with Mr. Aguiia that the motion is subject to the owners of Cracker Barrel agreeing to reducing the amount of corporate image elevation motif on the north, south, and west elevations almost in their entirety. Mr. Aguila does not have a problem with the curved parapet, the rain cap or the chimney. He has a problem with the wall treatment on the north, south and west elevations. He does not mind a certain return on the north and south elevations from the east (approximately 10' to 20' maximum). Mr. Aguila also amended the motion to include the fact that there was agreement on the part of the applicant to rework the light at the dumpster. The fire hydrant issue can be worked out with the Fire Department. Vice Chairman Golden agreed to the amended motion. Brief discussion ensued regarding the mixture of the colors peach and brown. Mr. Aguila believes that when the elevations are revisea, Cracker Barrel will work on a color that ]3 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD ~BOYNTON BEACH, FLORIDA APRIL 23, 1996 works with their corporate image. He is not comfortable telling them what colors to bring back: He pointed out, however, that this is a bland, boring building and does not do anything for the City of Boynton Beach. Cracker Barrel would be seriously "missing the boat" if they do not get the point. Mr. Morton will pass the message along. Ms. Heyden reminded Chairman Dub~ that there was a comment relative to the Fire Department. Chairman Dub6 advised that the comment was added into the motion. At Ms. Heyden's request, Mr. Aguila advised that this fire hydrant is located on the south side in front of the building on Page C-3 of the plans. The motion carried unanimously. C. OTHER Discussion Zoning Code change to establish setbacks for miscellaneous types of structures (e.g. - trellises, barbecue pits, fountains, raised planters, etc.) Ms. Heyden reported that this is an Ordinance which came about for two reasons; one reason deals with the Clear Copy appeal that was filed, and the second reason is because a question was raised as to whether or not the language in the Code regarding overhangs applies to commercial buildings. Since staff was taking the time to clarify this issue in an Ordinance, Ms. Heyden felt this was the perfect time to delve into the area of other minor structures that have presented problems. These areas are either not addressed in the Code, or are not clearly addressed. This Ordinance will go before the City Commission for second reading on May 7, 1996. Vice Chairman Golden expressed concern about Item #23 which regulates basketball goals. He felt this type of regulation ~s excessive, and questioned the repercussions of Code Enforcement trying to enforce this regulation Mr. Rosensteck did not agree with Items 18 and 12 because many cities have forced industry to supply sculptures and art, and restricting them to within 3' is not the right way to go. Chairman Dub~ explained that this Ordinance will set the standard. Applicants can then apply for a variance. Mr. Rosenstock did not feel it was right to include something that will have people requesting a variance. Ms. Heyden explained that in the past, many of these items were not included in the Code; therefore, a request was denied. These items are being included so that they can be reviewed. 14 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 Consensus Thero was a consensus ofthe boa~ th~ this O~inance moveforwa~ ~ the Commission as written. 8. COMMENTS BY MEMBERS Mr. Wische said he maintains that the original court order did not contain any provision for the expedited review process for the Tradewinds property. This procedure was adopted in 1995 by the City Commission. Mr. Wische requested that the attorney read the agreement to determine if it can superoede the court order. Ms. Heyden advised that Attorney Cherof worked for over two yearo on the revised settlement agreement. His view was if both parties agreed, it was acceptable. Attorney Pawelczyk agreed that was a fair assessment. Attorney Pawelczyk was not involved in any of the Tradewinds litigation or the settlement agreements. However, if that was. Attorney Cherof's view, Attorney Pawelczyk would not defer from that view. Ms. Heyden further advised that the court order did refer to an "expedited review". That expedited review,was approved without anyone knowing what an expedited review meant. Subsequent to that court order, an agreement was devised, which was superseded by the current agreement to define expedited review. Mr. Wische said thero are many interpretations of the word expedite, and he disagrees with Ms. Heyden's interpretation. Mr. Wische read from Exhibit"B" in the back-up material. He feels that if the average project takes a certain amount of time, and Ms. Hoyden gets these projects through in less than the average time, then they are being expedited. He pointed out that there is nothing in the agreement about the length of time required for Tradewinds to come back after the preapplioation meeting. Mr. Wische questioned why the City is being pushed around when Ms. Heyden can require them to come back within a certain period of time. Ms. Heyden said she cannot require Tradewinds to come back within a certain amount of time. At Mr. Rosenstock'srequest, Ms. Hoyden reported on the schedule used by applicants. The process takes approximately 2~,,~ months. Mr. Rosenstock feels the Tradewinds applicants are submitting requests without any regard to our time frame because we have given them an' open door. He feels something should be done about this situation. However, Ms. Heyden advised that this was one of the concessions made ~)y the Commission. Mr. Rosenstock questioned whether or not Ms. Heyden has sat down with these people and advised them that the City cannot keep calling meetings every time they wish to submit plans. He feels they should be told that it takes approximately 2¥~ months to get through t5 MINUTES iSPECIAL PLANNING AND DEVELOPMENT BOARD B~OyNTON BEACH, FLORIDA APRIL 23, 1996 the process, and ask them to try to work with that schedule. Ms. Heyden said the City Commission agreed to hold special meetings for this applicant. Mr. Aguila pointed out that Ms. Heyden is a staff member who is directed by the City Manager, who is directed by the City Commission Although the members have a major disagreement with what the City Commission agreed to, Ms. Heyden is doing what she is told to do. Mr. Wische brought this issue up because he feels the City is bending over backwards because this man will threaten a lawsuit. Part of the original agreement Mr. Wische made (which is not in the agreement), was that they would get $8 million to walk away, and they can never sue the City for anything built on that property. Somehow, Mr. Wische's statement was garbled. Mr. Rosenstock suggested going back to the judge that formulated the decision, and ask him to modify it. No one in the United States would expect to turn around this type of development in less than 30 days. Mr. Rosenstock feels this expedited process ~s prejudicial and discriminatory to other applicants. Chairman Dub6 said that he made an earlier statement so that the record would reflect the fact that he does not believe staff has enough time to thoroughly review these applications. Mr. Aguila pointed out that many things could be missed as a result of this expedited process. Chairman Dub~ reminded the members that a second Planning and Development Board meeting is listed on the schedule. However. under normal circumstances, the meeting is not held. Mr. Rosenstock said the purpose of that second meeting was if there was a tremendous number of projects to be reviewed by the board. Mr. Rosenstock recommended that Attorney Pawelczyk pass along the members' concerns to Attorney Cherof to see if anything can be done1 The members want to be fair to the applicant, but they also want to be fair to the citizens and staff. Mr. Wische does not want to delay the process, but he feels the process should be a fair one that is the same for everyone. Attorney Pawelczyk will convey the members' thoughts to Attorney Cherof. Mr. Rosenstock requested a copy of the tape recording of this section of the meeting. Chairman Dub~ thanked Attorney Pawelczyk for taking part in this meeting. ]6 MINUTES SPECIAL PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 23, 1996 9. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 8:50 ~.m. (~'~net M. Prainito Recording Secretary (Two Tapes) ]7