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Minutes 01-09-96MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 9, 1996, AT 7:00 P.M. PRESENT Stanley Dub6, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Eisner Maurice Rosenstock James Titcomb Lee Wische William Burton, Alternate Pat Frazier, Alternate Tambri Heyden, Director of Plarming and Zoning Mike Haag, Zoning and Site Development Administrator Dan DeCarlo, Senior Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub6 recognized Mayor Taylor and his wife, and Commissioner Jaskiewicz in the audience. He introduced the members of the Board. Mr. Rosenstock was not yet present. Therefore, Mrs. Frazier sat at the dais as a voting member. 3. AGENDA APPROVAL Motion Mr. Wische moved to approve the agenda as submitted. Mr. Beasley seconded the motion, which carried 7-0. 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the December 12, 1995 meeting. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Motion Vice Chairman Golden moved to approve the minutes of the December 12, 1995 meeting. Mr. Wische seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms. Heyden reported on the following items: Tara Oaks PUD Master Modification - In the past, master plan modifications have not gone back to the City Commission after being reviewed by the Planning and Development Board. However, the Land Development Regulations were changed last April, and master plan modifications are now going back to the City Commission after being reviewed by the Planning and Development Board. In this case, the City Commission approved the revisions to the conditions that were brought up by the applicant, as well as clarification regarding the traffic issue. Newport Place PUD Land Use Amendment and Rezoning - This was approved by the City Commission and will be forwarded to the Department of Community Affairs. High Ridge Commerce Park PID Use Approval - The City Commission approved this, subject to all staff comments. Waste Management of Palm Beach South Major Site Plan Modification - The City Commission agreed with the Planning and Development Board' s recommendation for approval, subject to staff commentS, with the exception of the comments that dealt with platting and rezoning. Newport Place Parking Lot Variance - The applicant requested two additional driveways onto N.W. 7th Court. The City Commission allowed the northernmost driveway, but the southern driveway has to be one way only; 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Miner Road Abandonment - The City Commission approved this, subject to staff comments. The legal issues that were raised by the applicant have been resolved. Those issues dealt primarily with whether or not the County had to approve the abandonment. At this time, Mr. Rosenstock arrived and Mrs. Frazier stepped down from the dais. Ms. Heyden continued with her report. She stated that the condition regarding the flyover and whether or not documentatiOn had to be provided by the Florida Department of Transportation and the Railroad was waived. Cedar Ridge PUD and High Ridge Commerce Park PID Abandonment of Barfer Easement - The City Commission approved this, subject to staff comments. Boynt0n Beach Distribution Center Abandonment of Miner Road Access Control Easement - The City Commission approved this, subject to staff comments. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications This report was provided for the board's perusal. Hills of Lake Eden PUD Zoning and Master Plan Approval Mr. Wische stated that the board unanimously denied this request. He said he heard that there were changes made to this project. Inhis opinion, they were substantial changes. He felt the applicant should come back before this bOard before going to the City Commission again. He advised that several members of this board feel the same way. Ms. Heyden explained what the changes entail. The biggest change is the reduction of six lots. A new plan was turned in as a result of a meeting with the homeowners. The homeowners wanted larger lots and greater setbacks from the perimeter. The only way that could be done was to reduce the number of lots. Therefore, the number of lots was reduced by six. This reduction in lots has chipped away at a lot of the staff comments and a lot of the concerns that this board had. With the reduction in the number of lots, some of the lot sizes were able to be increased~ Some of them are paper lot size increases, and some of them are real lot size increases. No changes were made to the location and size of the preserve. The 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 code is structured to allow easements as part of the lot size. Therefore, in reality, a lot of the lot sizes have not increased. The biggest change was the reduction in the number of lots and the increase in some of the setbacks around the perimeter, which is in keeping with what this board and the homeowners wanted. Ms. Heyden explained that since the Land Development Regulations were changed, revised plans are not sent back to the Planning and DevelOpment Board unless the COmmission decides to remand them back to this board. At Mr. WiSche's request, she will convey this board's concerns to the City Commission. In response to Mr. Beasley's questions about the preserve area, Ms. Heyden said the entire preservation area has become easements on private lots. Vice Chairman Golden felt that when people own property, they take the attitude that it is their property and they want to do what they want to do with it. In Ms. Heyden's opinion, it does not even qualify for an easement because an easement is an encumbrance on a piece of property. It does not take away all your rights for the use of that property, whereas a preservation easement would. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Site Plans New Site Plan (1) Project Name: Agent: Applicant: Location: Description: Isles of Hunters Run Kieran J. Kilday Kilday and Associates, Inc. Home Development Corporation West side of Congress Avenue, approximately 500 feet north of Summit Drive Request for site plan approval for common area landscaping, decorative wall, project signage and a guardhouse in connection with development of 56 4 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 zero lot line, smgle-family detached dwelling units. Mr. Haag advised that the Planning and Zoning Department recommended approval of this site plan request, subject to the comments included in Exhibit C. The deficiencies identified in this exhibit shall be corrected on the set of plans submitted for building permit. Mr. Kilday displayed an aerial showing the location of this land. He said this is a commercial parcel of land located at the front of Hunters Run, fronting on Congress Avenue just north of the main entrance of Hunters Run. It was in litigation with the City for a number of years for its right to develop as a commercial retail fac/lity. However. after settling the litigation, the owner entered into a contract with Mr. Kilday's client to develop single-family residential homes on the site. Mr. Kilday displayed and reviewed the proposed site plan. The existing lake area is going to be enlarged to wrap around and provide a substantial buffer between Congress Avenue and the units, and to provide as many lake front units as possible. Mr. Kilday reviewed comment numbers 2.7, and 23 of Exhibit C. These were the only conditions he had a problem with. Comment 2 requests that the trees be shifted out of the easement area. Mr. Kilday said he has accommodated that to every extent possible, with the exception of:one area located at the north 250 feet of the project. He agreed to the condition to not plant any trees in the easement. However. some of the trees are probably going to overhang the easement. The easement is an underground utility easement, and it is unlikely that utilities would have to get to it. The last sentence in comment number 2 requires the applicant to relocate those trees. Mr. Kilday said a wall will be put in along the road. as well as a heavy landscape area. The lake area is beyond that. He pointed out that according to the code. the Utility Department has the right to remove trees that are within an easement. He asked that it be made clear that as long as we keep the trees outside the easement, they can be adjacent to the easement. Mr. Beasley asked if the trees already exist. Mr. Kilday advised that the trees that he is talking about are trees that will be planted, and the Ficus will be removed. Comment 7 states that sidewalks are required on both sides of all local and collector streets. Mr. Kilday stated that the intent is to provide sidewalks on both sides of the streets in front of all the lots through this whole area he pointed to an area on the site plan) Up to the point on 5 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 the "T". At this point, he requested that it be switched to an eight foot walkway on one side to come down the side of the entrance road. He stated that in this particular area, there are no units that would be opening up to it, and k provides a better landscape entry feature and a better look: From this point forward, a taper to a five foot sidewalk will be extended, which will tie into the Hunters Run sidewalk. He requested that provision be made that the area which does not abut the front of lots be an eight foot walk on one side of the street. He stated that this board has the right to recommend that the City Commission grant a waiver: Mr. Wische asked if there are any homes to the right of it. Mr. Kilday stated that the walk will come along the side of one of the homes. Chairman Dub6 asked if this would require a variance. Mr. Kilday read the following from the code: A required sidewalk may be waived by the Technical Review Committee in platted or unplatted subdivisions when it is determined that adequate pedestrian circulation is provided by bicycle/pedestrian paths. Comment 23 regards the location of a handicapped parking space. Mr. Kilday wanted to add the following to that comment: Staff has indicated that if the security system is part of the overall Hunters Run security staff, which has its own separate parking lot, we would not have to provide the space here and would, be able to make use of this space in the existing staff parking lot. which is around the corner from us. Mr. Haag said if the City Attorney has agreed that this particular development is part of the Hunters Run Association. then he would have no objection to omitting that comment. Mr. Rosenstock stated that the Board of Governors of Hunters Run Golf and Racquet Club and the property owners association, which are two separate corporations, have passed resolutions saying that upon the development, approval, etc.. and acquiring of the site by the developer, it would be accepted as part of Hunters Run Golf and Racquet Club. Mr. Kilday agreed to provide documentation to the City Attorney. 6 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Motion Mr. Wische moved to accept the Hunters Run application for Isles of Hunters Run, subject to the staff comments. Mr. Kilday's concerns regarding comments 2, 7, and 23 will have to be worked out with staff. Mr. Golden seconded the motion, which carried 7-0. Mr. Kilday asked for clarification on comment number 2. He asked if the trees can be planted next to the easement. Chairman Dub~ adviSed that the board has no objection to this; however, it has to be approved by the UtilitY Department. Major Site Plan Modification (2) Project Name: Agent: Applicant: Location: Description: Romano's Macaroni Grill at the Catalina Centre Roscoe L. Biby, P.E. c/o Kimley-Horn and Associates Kevin Connell, Brinker International 1501 Congress Avenue Request to amend the previously approved site plan to alter the exterior of the outparcel building (formerly Marie Calendar's restaurant) at the Catalina Centre Plat No. 1, increase seating from 205 to 248 and revise the shared parking study for a new restaurant. Chairman Dubfi stated that the only real controversy seems to be the shared parking. Mr. DeCarlo stated that the Catalina Centre Shopping Center, the Holiday Inn, the subject restattrant, and the future unbuilt 75,000 square foot office complex building to be located immediately west of the Holiday Inn were approved under a shared parking agreement and cross access agreements. The shared par!ring study for the center has been revised many times in the past as part of the development of the propertY and changes in the building occupants. With the exception of the future office building previously mentioned, the property is pretty well built out. The shared parking study was last revised in 1994 to allow conversion of the former Flagler Bank building within the center to a Boston Chicken Restaurant. The shared parking study approved at that time indicated that the peak parking demand for the overall center was 8:00 p.m. weekdays, and provided the required 10 percent buffer. The study used 7 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Boynton Beach generation rates for those uses specified in the City's code and ULI rates for uses not specifically set forth in the code. The approved shared parking study has been revised to reflect the request for 42 additional seats which would otherwise require 17 additional parking spaces to be provided. Staff has had some problems in supporting the shared parking study submitted based on a determination that although the code allows for shared parking using ULI or equivalent data m determine parking accumulation, it does not allow relief from the City's parking ratios. Furthermore, staff's position is that the code reference to use of field studies and traffic counts, where appropriate, is not appropriate in this case since the uses and combination of uses are not umque and are already documented in ULI and ITE publications. The original application approved for Marie Calendar's was for 206. The applicant now is asking for 248. It is up to the board and the Commission to decide whether or not there is adequate parking in the overall center to allow the parking to work. Barbara Hall, Esquire of Greenberg Traurig, represented Mutual of New York, the property owner, and Brinker International. who would like to put a Macaroni Grill on the site of the former Marie Calendar's. Ms. Hall pointed out that this building has been vacant for almost three years. The building is approximately 10,000 square feet and was originally approved with 205 seats. Kevin Connell of Brinker International, the owner/operator of Romano's Macaroni Grill Restaurant chain, as well as the Chili's Restaurant chain, and a number of other concepts, stated that the Macaroni Grill is an Italian restaurant with a vibrant, festive type atmosphere. It is considered a higher end restaurant and is family oriented. Its customer proffie matches the demographics of the City of Boynton Beach. The applicant is seeking to renovate the existing building. Elevations of the building were displayed. The building will be enhanced and some of the Macaroni Grill's standard concept features will be brought in, while still trying tc match the center and stay ~n compliance with the requirements of the City. Ms. Hall stated that the applicant is asking for 248 seats for the restaurant. That number is crkical and cannot be compromised. She said Mr. Cormell originally asked for 280 seats. which would be the appropriate ratio for a restaurant of this square footage. After meeting with the City staff and discussing the parking issue, the parking request was reduced to 265, then to 248. This is a bottom line number for the Macaroni Grill. Seventeen additional parking spaces are needed to accommodate the new seats. Using the Boynton rates and the shared parking concept, the numbers do not work. However, the code allows the use of other 8 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 parking methodologies. Therefore. ULI rates were used and the study shows the parking works. In addition to the study, site observations were done during the peak time of the year. the Chrisms shopping season, and on the weekends. These observations showed that only half of the parking was being used in this center. Ms. Hall stated that 17 additional spaces are needed in a parking area that has over 1,100 spaces. She felt the 17 spaces can be accommodated. Molly Hughes, a transportation consultant, said she conducted some traffic smdies for this site. The original approval for the shopping center, which included Marie Calendar's, was performed on a square footage basis. It was done as a shopping center as the code indicates. Ms. Hughes stated that the number of seats is being expanded, not the square footage. Therefore. additional parking is not needed. She stated that there is adequate parking. She referred to Table A (Catalina Centre Shared Parking Analysis Weekda.v Parking Demand at Buildout) and stated that she used a substitute for the parking code rates. Provision H, paragraph 13 allows the use of the ULI methodology. The ULI methodology is prescribed and published in a book that is referred to in the zoning code. and there are a series of equations that can be used. In this publication, there are also recommended parking rates that go into those equations. The code allows the use of this methodology, but staff told the applicant he must use the Boynton Code rates in place of the ULI rates within the equation. Ms. Hughes said when we talk about rates, we are not talking about ULI methodology. We are speaking about one of the inputs in the ULI methodology. We have used the methodology approved in the code. with the exception of the requirement to use the Boynton code rates. We went over the application of the ULI methodology with the ULI rates. Table A showed the approach taken in calculating the shared parking. It has been reviewed by City staff and confirmed that the methodology was applied correctly. All uses have been included. The other restaurants in the shoppmg center have been treated as square footage. In this case, this restaurant is being treated on a per seat basis. The calculations show a demand for 1,229 spaces. One thousand two hundred and sixty-two spaces have been provided. Therefore, there is more than enough parking using this methodology. A similar exercise was done on Saturday and without the 75.000 square foot office building because it is not currently built. It showed that 1,126 parking spaces are needed for the existing uses, and there are 1,167. Therefore. in both cases, there is more than enough parking using the ULI methodology. Ms. Hughes did not rely exclusively on this data. She made site observations on Friday, December 8, and Saturday, December 9. She COunted the number of cars parked in the parking lot every 15 minutes from 10:00 a.m. until 9:00 p.m. and found that the parking 9 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 9, 1996 peaked on Saturday in the early afternoon. At 12:30 p.m.. only 544 of the 1,167 spaces were occupied. If a restaurant was operating in the Marie Calendar's building, there is not much chance that they would have needed the 623 available spaces. There are a few store fronts that are vacant, so she mathematically increased proportionately to represent the now vacant boutiques, as well as the subject restaurant. She said if she had observed parking at the same rate that she saw on that Friday and Saturday, and had those boutiques and the subject restaurant been operating at full steam, there would have still been 460 empty spaces. She acknowledged that according to the code. the subject restaurant would require 99 spaces. She referred to the A&B Grill and said there was available parking in that area. even when Marie Calendar's was open. The 99 spaces required for the Macaroni Grill and the 32 spaces required by the A& B Grill total 159 spaces. When we identify the modules of parking tmmediately adjacent to the proposed restaurant, that would include the parking immediately west of Marie Calendar's. the one parking aisle to the immediate north of the driveway, the parking that we have on site. the parking at the south end of the A&B Grill, and the parking directly behind the A&B Grill, we would still have 28 excess spaces, based on the peak observations on Friday and Saturday, December 8 and 9. There are several boutiques immediately north of.the A&B Grill. which she was sure would also utilize the additional 28 spaces. However, she pointed out that retail peaks in the afternoon, and the restaurant peak would be at hinchiime. Ms. Hughes said she looked at this in as many different ways as she could think of and in no case could she find a real reason for concern. Mr. Wische said 99 and 32 equals 131, but Ms. Hughes referred to a total of 159 spaces. Ms. Hughes explained that by code. this size site would require 99 spaces. The A&B Grill, which peaks .at the same time. would require 32 spaces. One hundred and fifty-nine spaces would be needed at the peak period for the two restaurants. Pointing to the site plan, she said she counted the spaces in certain areas, including immediately behind the A&B Grill, to see how many spaces we would have beyond what is needed for the restaurants at their peaks, which is around noon. She found that there would be 28 empty spaces available to the boutiques should they need them. However. the boutiques do not start peaking until later in the afternoon. Probably by the time they really needed them. there would be more like 30 to 35 spaces available as the peak for the restaurant starts to decline in mid afternoon and the peak for the retail starts to build. 10 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Mr. Wische asked how many spaces there are directly around the subject building, including up to the road. Ms. Hughes advised that there are 59 spaces in the outparcel area. Mr. Wische said he counted all the parking spaces surrounding the subject building and there are over 130 parking spaces: He asked where the customers of the A&B Grill and the Holiday Inn are supposed to park. Ms. Hughes stated that the Macaroni Grill does not need 130 spaces, and there is also the parking area immediately to the south. Mr. Wische pointed out that there are 130 spaces and the subject restaurant requires 99. Mr. Wische asked for Ms. Hughes' interPretation of shared parking. Ms. Hughes said shared parking is a coined :term that resulted from the ULI's publication of a parking approach to solve the problem of mixed use applications. It has long been recognized in the industry that if you develop parking ona use by use basis in a mixed use condition; you will generate more parking and pave more area and do away with more green space than you will ever utilize because different uses peak at different times of the day. As a result, this independent body that is known for research, developed a methodology (shared parking) to help people work through the calculations to determine in combination each with the other when the overall peak will occur and plan only enough parking for that, rather than imagining that all the uses peak at the same time. Mr. Wische asked how k is determined how many spaces are yours if they are all shared by everybody. Ms. Hughes stated that different amounts of parking are required at different times of the day, and that no effort is made to designate the exact location, as long as enough parking is provided on site. Mr. Wische advised that when he goes to a restaurant, he drops his passengers off at the entrance before parking: He was sure most people do the same thing. Since Ms. Hughes claims there are so many spaces available, he said there should be no problem. Mr. Beasley said there are 59 spaces on the outparcel and the subject restaurant is short 17 spaces. He asked if this means that there is now in existence a shared parking agreement that leaves the subject restaurant 17 spaces short. Ms. Hughes said the Macaroni Grill is really not 17 spaces short. The difference between the number of seats that Marie Calendar's had and the number of seats being proposed requires the Macaroni Grill to identify 17 additional parking spaces. That is the delta between the size of Marie Calendar's in terms of seats and the size of the Macaroni Grill in terms of seats. 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9. 1996 Mr. Beasley said there are 59 spaces on site and the Macaroni Grill is short 17 That equals 82. He asked where the other parking spaces are. Ms. Hughes explained that there were never enough parking spaces on the outparcel for Marie Calendar's. This has always been a shared parking shopping center. When tl~ matter was first discussed with the City years ago, there was a specific agreement that Marie Calendar's would use 24 spaces in the extreme northeast corner of the hotel. The applicant is not proposing to do that. The applicant bas tried m show that there is adequate parking exclusively north of the Macaroni Grill. Mr. Beasley asked if the A&B Grill's parking spaces are calculated on square footage. Ms. Hughes said they were originally all calculated on square footage, and if the Macaroni Grill was calculated on square footage, this request would not be before this board this evening. Mr. Beasley asked why the parking for the Macaroni Grill is based on seats and not square footage. Ms. Heyden advised that this is a problem that has been brought up in our code over the years. We have had complaints about our parking code because there has been competition for parking spaces when you have multi restaurants in a shopping center. In shopping centers, regardless of the uses in them. we only require one parking space for every 200 square feet. That is the retail rate. The reason that this restaurant was done at the restaurant rate rather than retail rate is because it is freestanding and is not considered part of the shopping center. She pointed out that the parking study covers everything in the Catalina Centre. Chairman Dub6 asked the applicants if they have any problems with the administrative conditions listed on Exhibit D. Ms. Hall advised that she did not. Rocky Biby represented the applicant. He referred to condition number 5 on Exhibit D, which requests the applicant to change the color of the walls of the building from dark peach to a shade of tan lighter than that proposed for the trim. He did not think that was the intent of staff. He asked for clarification. He said the applicant attempted to match the existing shopping center. He thinks the colors shown on the elevation are consistent with that. The color of the walls would be white if they were a shade lighter than the trim because the trim is an eggshell color. Ms. Heyden explained that when staff made those comments, they were looking at different elevations. She thinks this can be worked out before the City Commission meeting. Mr. Beasley asked if the applicant intends to change the color of the awning and reduce the amount of stone. Mr. Connell said the applicant's intent is to comply as much as reasonable with the comments from staff. 12 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Chairman Dub6 allowed the public to speak even though this is not a public hearing. Alan Siklin represented the owner of the Holiday Inn. He had no objection to the Macaroni Grill. However, he was concerned about the shared parking. He said the existing restaurant has 58 or 59 parking spaces. Based on the existing Marie Calendar's Restaurant and its requirements of seating, 82 spaces would be needed. That means they are short 23 or 24 spaces. Based on 248 seats, the code requires 99 spaces. That means they are now shy 40 spaces. He said k is obvious that they are going to park immediately west across from the A&B Grill, and to the south, which is the Holiday Inn parking facility. He thinks that when the Macaroni Grill starts parking in the Holiday Inn parking lot, which is also competing with the A&B Grill. that there are not going to be enough parking spaces for those uses and that it is going to interfere with the day to day operation of the hotel. He pointed out that the Holiday lnn is one of the few conference types of facilities that the City has. Weddings, bar mitzvahs, conferences, large fund raisers, luncheons, and parties are held there. These events will occur at the same time that the Macaroni Grill is going to be jammed packed. They occur on Friday and Saturday nights. Prime time Macaroni Grill time is also prime time hotel time, and everybody is going to be competing for the same parking spaces. Mr. Siklin said it defeats the purpose of having a cross parking agreement. If you agree to cross park and have a certain use and then increase that use by 40 parking space requn:emems, it is like you had no agreement at all. Mr. Siklin said the code states that parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. He said common sense tells you that the restaurant in the hotel and the Macaroni Grill are going to be used at the same time. Common sense also tells you that a wedding reception or dinner fund raiser are also going to occur at the same time. Looking at the table prepared by Ms. Hughes, Mr. Siklin pointed out that the Macaroni Grill's prime time is expected to be 7:00 p.m. to 10:00 p.m. The prime time for rooms at the Holiday Inn appears to be 7:00 p.m. to 12:00 p.m. The prime time for the restaurant and lounge at the Holiday Inn is from 6:00 p.m. to 10:00 p.m., and from 10:00 a.m. to 10:00 p.m. for the conference room. Therefore, this study says prime for the Macaroni Grill is the same for the hotel, the conference room, and the restaurant within the hotel. The parking code states that you cannot share parking under those circumstances. He said the applicant 13 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 9, 1996 concluded that the big picture works if you look at the entire shopping center. However, Mr. Siklin's common sense tells him that if you look at this specific area, it conflicts with the hotel, the conference room, and the A&B Grill because the Macaroni Grill is going to be 40 spaces shy and is going to need spaces that are being used by somebody else. Mr. Sildin reiterated that he had no problem with the Macaroni Grill. He fek it would be good for the City and the shopping center. However. if it is going to severely detract from an important hotel in the City that provides a valuable service by causing a lot of frustration and lack of parking spaces, he felt there should be no more increase in parking demand and, therefore, no increase in seats. Vice Chairman Golden agreed that the existing restaurant has been sitting vacant for some time and is an eyesore. It would be nice to see something new go in there. However, this does not seem to be the answer. He agreed with staff's assessment of the shared parking. As far as the applicant's field observations referenced in the January 2 letter, he did not think those can be considered valid because the restaurant is vacant right now and those observations do not provide an accurate depiction of what really occurs there. He felt you need to apply some logic to this situation too. When Marie Calendar's was still in operation, and you visited that center on a Friday or Saturday night, there was practically no parking available between what was happening at the hotel, the other uses, and Marie Calendar's. That whole end of the shopping center was occupied, on Friday and Saturday nights. That was before Boston Chicken went in, when the Flagler Bank was still in operation. Itte Boston Chicken generated more traffic at those times than the bank. Obviously, the bank would be closed during those hours. Vice Chairman Golden felt the elevations were generally all right. However, he did not feel that the rock appearance fits in with the Catalina Center. Also. he pointed out that we recently approved a very similar restaurant ~ Carrabba' s Italian Grill) around the corner, next to Target. He wondered if both of these ventures can compete with each other and he successful at the same time. Mr. Rosenstock agreed with Mr. Siklin and Vice Chairman Golden. He did not understand the validity of the applicant's traffic count. He asked how the applicant took into consideration the number of spaces when Marie Calendar's is closed. Also, he pointed out that a lot of parking spaces to the southwest of the entrance to the Holiday Inn are hardly ever used, and people are not going to park there unless they have to. They are going to be 14 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 jamming in as close to the outparcel as they possibly can because everybody wants to be close to the entrance of Wherever they are going. Ms. Hughes explained how she accommodated the proposed Macaroni Grill in her observations, She said when she found there were over 450 available spaces on site. she knew that she could accommodate a 248 seat restaurant. She also pointed out that she observed the hotel on a peak night. There were clearly parties going on in the convention space and meeting rooms. The place was extremely active. Of the 386 parking spaces that the hotel has on ~ts end of the site. the peak observed parking was 157 spaces. Therefore, there was considerable available parking at the hotel during this peak night. Mr. Wische said he had lunch at the hotel today, and you could not park near Marie Calender' s and the A&B Grill because several affaks were being held. The parking went ali around the hotel. He agreed with Mr. Rosenstock that everyone would like to park as close as possible to where they are going. He said these are situations that you cannot call. We do not know how many affairs they are going to have or when they are going m have them, or when the Macaroni Grill is going m have a big turnout. He did not think yon can judge by the two days that Ms. Hughes made her observations. Vice Chairman Golden stated that you cannot really generalize based on one night's observations. Events and functions vary at the hotel, as well as elsewhere. Parking will vary too. He agreed there will be some empty spaces on those nights, but they are not going to be in that area. They are going to be at the extreme periphery toward Service Merchandise, and there will be competition for the spaces in the area surrounding the ourparcel. Mr. Titcomb asked who controls the cross parking agreements. Chairman Dub6 advised that all the property owners have already agreed to the shared parking upfront, and it had to have been approved by the City Attorney originally. Mr. Titcomb asked if new owners are bound by the existing shared parking agreement, or if they could negotiate as long as it meets code. Mr. Rosenstock pointed out that Mr. Sikiin represents the Holiday Inn, and the Holiday Inn obviously would not agree to any revision of the shared parking agreement. He said the Macaroni Grill has a dilemma because if the shared parking agreement is not revised, they cannot get the additional parking spaces. Ms. Hall advised that the easement permits parking without regard to the number of spaces throughout the entire center. She pointed out that there were increases to the number of 15 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 spaces with'm the Catalina Centre after the shared parking agreement was approved. When Ocean Properties owned the shopping center, there were changes to the uses that increased the parking demand, and those changes came before this Board. There is a history of approving uses that require increases in parking. Provided they are approved by the City, they would still come within the parking easement. Mr. Rosenstock wondered where the line is to be drawn. He said all the parties have to agree m increase the shared parking arrangements. If some parties disagree, he did not see why the City should accept it. He said if someone else wanted to build an outparcel or take any one of those pieces of property and increase its size, they are going to need more spaces again. He wondered when the City is going to say that enough is enough. Ms. Hall believed the City's function is to look at the park'mg from a regulatory perspective. If from a regulatory perspective, the City deems that the parking is adequate, and if Mr. Siklin's client or the owner of the rest of the center thinks that is in conflict with the declarations, then they would have a private cause of action against the Macaroni Grill. She did not believe this is the case. She believed that if from a regulatory perspective it is found that the parking is adequate, then it would come with~ the shared parking agreement. She pointed out that the way the parking is configured for the Holiday Inn. it really is not true that is a choice site for the Macaroni Grill, given the fact that the restaurant ss oriented toward the north. In fact, the more likely locations for park'mg are m the west and across the driveway. She was prepared to do some additional things, if necessary, to encourage parking to the north by providing a marked walkway and pedestrian crossing at that location. She was also prepared, if necessary, m allocate the employee parking for this restaurant at a location remote from the hotel so that the hotel can be comfortable that this increase in parking is not going to affect them. She would be happy ro allocate 17 spaces for employees along Congress Avenue between the two restaurant ourparcels, which is the least used portion of the center for parking. Mr. Rosenstock asked how many people the Macaroni Grill intends to employ. Mr. Connell advised that they intcmd to employ between 20 and 30 per shift. Mr. Rosenstock asked how the employee parking would be enforced. Mr. Cormell said he has had similar situations and it has been imposed on the restaurant manager to force employees to park in a designated area. He was willing to make this a matter of record. He said it would be up m the landlord to designate the parking areas for the employees. 16 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Chairman Dub6 pOinted out that staff recommended approval of the restaurant, with the exception of the requested increase in seating. Also, the applicant has agreed to do anything with the building that staff wants. The ordy question is the additional 17 spaces. Motion Mr. Beasley moved to approve Romano's Macaroni Grill at the Catalina Centre's request to amend the previously approved site plan to alter the exterior of the outparcel building, subject to all staff comments and working out the elevation changes. Mr. Rosenstock seconded the motion. Under discussion, Mr. Rosenstock pointed out that the applicants stated they need the additional seats to make this project viable. Mr. Connell advised that he needs a minimum of 248 seats to make this an economically viable project. If the applicants cannot get 248 seats, they are not in a position to expend the cost to renovate and open this store. Vice Chairman Golden was in favor of the motion, but did not like the fake rock on the building. Mr. Wische commented that the applicants can pick up 35 spaces if they have their employees park elseWhere. Vice Chairman Golden pointed out another possibility. He suggested putting 17 temporary spaces in the vacant parcel by the hotel where the office building is supposed to go. However, this would have to be worked out with Ocean Properties. The motion carried 6-1. Mr. Titcomb cast the dissenting vote. Chairman DUb6 advised the applicants that this is the board's recommendation, and that the City Commission will make the final decision. At this time, Mr. Wische and Mr. Rosenstock left the dais. (1) Project Name: Agent/Owner: Location: Whipowill Arms Burton Metsch 513-515 S.E. 4th Street 17 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACI:L FLORIDA JANUARY 9, 1996 Description: Request for a one year time extension for concurrency and site plan approval. Chairman Dub6 referred to Mr. Metsch's letter, dated December 4, 1995, to the City, particularly the following statements: "I am requesting this extension because I have been unable to get financing for this project. The lenders have expressed concern that at this time there is no direction of the redevelopmem of the downtown Boynton Beach area." Mr. Metsch explained that the banks feel there is a general lack of actual development. Motion Mr. Beasley moved to approve a one year time extension for concurrency and site plan approval for the Whipowill Arms project. Vice Chairman Golden seconded the motion, which carried 6-0. Mr. Rosenstock was still away from the dais. 8. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the Board. the meeting was adjourned at 8:40 p.m. Eve Eubanks Recording Secretary (Two Tapes)