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Minutes 08-08-95 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 8, 1995, AT 7:00 P.M. Stanley DubS, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Eisner Jaime Titcomb Lee Wische William Burton, Alternate ABSEN~ Maurice Rosenstock Pat Frazier Alternate Tambri Heyden, Planning & Zoning Director Michael Haag, Zoning & Site Devel. Administrator 1. PJ. EE}GE OFALLEGIANCE Chairman Dub~ called the meeting to order at 7:00 p.m.. and led the Pledge of Allegiance to the Flag. 2. INTRODUCTIONOE3YlAYOR~ COMMISSLO~ERS AND BOARDMEMBERS Chairman Dub~ acknowledged the presence in tl~e audience of Commissioners ~askiewicz and Rosen and introduced the board members. 3. AGENDA APJ~J~OVAL Mr. Beasley moved to approve the agenda. Mr. Wische seconded the motion which carried unanimously. API~ROYAL OF~41NU~ES Mr. Beasley moved to approve the minutes of the July 11, 1995 meeting as submitted. Vice Chairman Golden seconded the motion which carried unammously. 5. COMMUNICA~TIONS AN I~ ~&N I~O UNCEMEI~ITS A. Report from the Planning and Zoning Department MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 1. Final Disposition of Last Month's Agenda Items Tambri Heyden, Planning and Zoning Director, reported on the City Commission's action on last month's agenda items: Farm Stores - Conditional Use Approval and Design Plan Appeal - This application was withdrawn at the July 11, 1995 Planning and Development Board meeting. Taco Bell - Conditional Use Approval and Parking Lot Variance - Both the conditional use approval and the parking lot variance were denied. Papa John's - This issue was tabled at the applicant's request for a two-week period. They resubmitted plans which now require a Board of Adjustment variance. This project is now on hold and there has been some discussion about different sites within the City. Clear Copy - This application was denied by the City Commission. The applicant has submitted a req ~est for reconsideration which wi I be heard on September 5, 1995. Vice Chairman Gol den questioned the basis for denial of Clear Copy. Ms. Heyden reported that the adjacent property owner. Dr. Roberts. brought many issues to the City Commission which he felt were cause for denial Those issues included the dumpster access, and the landscape hedge. Although there is an existing hedge on Dr. Roberts' property, it is in a 1 ½' strip rather than a 2½' strip. A decision must now be made regarding whether or not Clear Copy must make up that difference in the hedge. Chairman Dub~ pointed out that if there is a deficiency, it is the doctor who would be in violation. Ms. Heyden explained that the building was constructed in 1989. In reviewing department records, the tie-in survey showed the pavement was too large. However, somehOw the problem was overlooked. Because so much time has gone by, we cannot go back to Dr. Roberts. 6. OJ~D_BU$1 ~ESS None 7. N-~__BI3 SIN ESS 2 MIN UTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 A. PUBLIC HEARING CO. ND. IH ONALU S E Project Name: Agent: Owner: Location: Description: McDonald's/Amoco Restaurant and Service Station/Convenience Store Robert E. Basehart & Anna Cottrell Basehart & Cottrell, Inc. RFK Enterprises of 8oynton Beach, Inc. Southeast corner of Congress Avenue and Woolbright Road Request for conditional use approval to construct a 3,431.91 square foot building for a combination gas station/convenience store with drive-through restaurant on a 1.0002 acre lot. Dan DeCarlo. Assistant Planner. made the presentation. The parcel for this project is located within a C-3 zoning district. The surrounding land uses and zoning include Woolbright Road and an existing office building zoned C-1 to the north, a bank zoned C-3 to the east, undeveloped vacant property zoned C-3 and multi-faro ily residential property zoned R-3 to the south, and Congress Avenue and an existing commercial building zoned C-3 to the west. Twelve standards exist for evaluation of a conditional use. Those standards have been evaluated in detail by staff in Planning and Zoning Department Memorandum 95-398. A brief summary is as follows: Ingress and Egress - Access to the site is v~a a two-way drive on Congress Avenue and a two-way drive on Woolbright Road. Traffic flow on the site is t~vo-way, with the exception of the south and east sides of the building where the drive-through lane and drive-through window are located Access to the angled parking spaces on the east side of the bui] ding is one-way. The pump islands are located on the west side of the building. Four pump islands are proposed, with a fifth island to be included in the future. During review, staff raised serious concerns regarding the fifth pump island due to conflicts with drive-through traffic and vehicles maneuvering into and out of the parking spaces at the southwest corner of the building, the location of the loading area and of the dumpster, and congestion close to the driveway onto Congress Avenue. 3 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 o In addition to the degree of vehicular activity in this southwest corner of the parcel an existing cross-access easement to the vacant parcel to the south exists in this same area. The current Community Design Plan requires vehicular circulation systems o~ adjacent properties to be linked to encourage cross access between parcels~ The purpose of cross access is to minimize the number of curb cuts on major roads for traffic safety reasons. For all of these reasons, staff recommends against the future fifth pump island. Level of service problems on Woolbright Road will soon be remedied after the County lets the plans to six-lane Woolbright Road from Congress Avenue eastward. A letter from Palm Beach County indicating their approval has been received relative to t~e number of trips. Off-Street Parking and Loading Areas - Basecl on the square footage of the building, 30 spaces are rec~uired and have been provided including two I~andicap spaces. A loading area is to be provided along the south property line. Staff finds the ocation of this loading zone to be acceptable. Refuse and Service Areas - The dumpster location is proposed on the southeast corner of the parcel. Public Works has approved the location and the enclosure. Utilities - All utilities are available to the site. A private lift station is proposed. Screening, Buffering and Landscaping - The applicant will meet all landscape code requirements. Signs and Exterior Lighting - There will be one freestanding pole at the northwest corner of the parcel. The sign will be 20' in height and will display the McDonald's and Amoco corporate Iogos and the gasoline prices. There will be signa§e on the building walls and canopies. Setbacks and Open Space - All code required setbacks are reflected on the site plan. No open space requirements are applicable. General Compatibility with Adjacent Properties q The size and proposed colors of the building are compatible with the surrounding buildings. However, the metal striped pump island canopies do not blend well with the stucco-walled MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Spanish "S" roof-tiled restaurant/convenience store building. Planning and Zoning Department Memorandum No. 95-399 contains recommendations (comments 11 and 12) to replace the pump island canopies with a terracotta- tiled mansard roof to match the building, and to improve the appearance of the flat-roofed portion of the building by extending the mansard terracotta roof around the entire building. The plans submitted do not show lighting on the perimeter of the canopy. A Community Design Plan appeal has been submitted to permit multiple, vertical lighting beams to be attached to the roof line. Height of Buildings and Structures - The proposed building ~s a single-story, and ~s 16.92' in height. The height proposed is harmonious with the buildings in the immediate area and consistent with the established character of the area. This project is in compliance with Standards 70. 11. and 12. Staff recommends that the exterior material and color of freezer area matcl~ the color and material of the wal s of ~he building and to omit the white accent top band shown on the elevation and replace it with the extension of the mansard terraco~a roof around the entire building, modify the material and design of the canopy to include a terracotta mansard roof to match the building, match the color and type of material of tl~e exterior surface of the rooftop equipment with their roof screening, and delete the future fifth pump island due to potential problems with a concentration of traffic in the southwest portion of the parcel and conflicting traffic from vehicles approaching and exiting the pumps, drive-through lane the cross-access area, and the parking spaces cJ osest to the menu board. Staff recommends approval of the conditional use request subject to permit plans for this project being amended to show compliance with staff comments and the applicable City of Boynton Beach Code of Ordinances. This includes deletion of the future fifth pump island nearest the south property line. A~,~Co;ttrell, 1532 Old Oke.echohee_l~oad~3~/est. P_alm_B_eacb, represented the applicant. With her were Dean O'Neill, Real Estate representative for McDonald's, and Ken Strahl, Project Engineer for Amoco. Ms. Cottrell explained that this project is a new concept. Amoco and McDonald's are developing projects in two areas south of Boynton Beach. This concept has been tried at least a dozen times in Texas and North Carolina. This project will combine the two facilities; thereby achieving efficiency in land use. This project creates a nice appearance and all site 5 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 elements perform double duty. It incorporates some of the corporate architecture of each organization and eliminates the contrast which may be objectionable. During the hours when McDonald's is closed, there will be access into the Am ~co station. After 10:00 p.m., there will be an interior gate which will be used to dose tl~e walk to the McDonald's portion ofthe building. There is a convenient flow of pedestrian traffic through the building, and all portions of the building will be handicap accessible. The predominant color of the building will be beige stucco with a terracotta tile roof. There are colored (aquamarine; accent bands which incorporate McDonald's corporate colors. Landscaping will be done to meet the code requirements. There will be perimeter planting and building foundation plantings. There will be a mixture of native materials including Live Oaks and Laurel Oaks. Silver 13ut~onwood, and Cocoplum. Staff has indicated problems with the fifth pump island which is included for future development. They also want to see the mansard roof around the entire perimeter of the building rather than a portion of the bulilding. Staff has also recommended the Amoco canopies over the pump islands have ~ne mansard roof. Staff also objects to the ight beams which are the subject of the Comm unity Design appeal. Ms. Cottrell explained that tt~e pump island is added for the future as a result of projected market demand at this particular location. /t is a carefully considered item, and it is not being requested at this time because there is not enough traffic volume projected business to warrant it at this time. The applicant feels that with all the modifications to the plans and all of the comments they addressed, the site works well even with the fifth pump island. There is no concern with pedestrian movement and circulation works well. Chairm ~n Dub(~ questioned whether or not Amoco is aware that RaceTrac will be located less than one-half mile from this site. Ms. Cottrell responded affirmatively, and stated that Amoco feels that the traffic volume anddemographics' point to the need for the additional pump island. Mr. Wische in(; uired as to how the traffic would be controlled around the fifth pump island Ms. Cottrell explained that the block which is visible on the plans indicates the canopy. Using a colored plan, she explained that the driveway on Congress Avenue is placed as close to the property line as is permitted by code. With the traffic flow in the direction toward the drive- through service lane for McDonald's or other parking areas, ti~ere is 29'-11" between the curbing of the pump island to the landscaping. The pump islands cannot be shifted any further north due to the allowance for underground storage and for a car to be in the normal filling position at each of the pumps. 6 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Chairman Dub(~ inquired as to Amoco's bottom line position on the fifth pump island. Ms. Cottrell explained that the site will be developed with four pum ~ islands, but there may be another appeal in the future for the fifth pump island. With regard to the mansard roof, the applicant feels it is an architectural element which is compatible with the surrounding area and fits in nicely with McDonald's corporate architecture. The reaso~ it is not extended all the way around is that it would give the building a flat, boxy appearance. There was a very deliberate design decision made to have the mansard roof extend for only a portion of the building. It covers approximately half of the east and west elevations, the entire north elevation, but it is absent from the south elevation with the exception of the weather protection over the drive-through windows. It breaks up the uniformity and gives the building a sleeker appearance. The applicant feels it is more aesthetically appealing from an architectural standpoint. That is particularly true if the board decides to place the condition staff is recommending for a mansard roof treatment on the canopies at the gas pumps. The mansard treatment around the entire building and at the canopies will be very uninteresting. She displayed an elevation of how the mansard roof on the canopies would look if staff's comments are followea. The ~lan, as submitted, allows some of the corporate architecture to be kept. Because this is a new type of facility, it needs to be readily identified by the customer. Chairman Dub~ questioned whether Ms. Heyden had seen the photos being displayed by Ms. Cottrell. Ms. Heyden responded negatively, but noted that the elevatio~ showed staff's recommendation relative to the tile on the canopies. Ms. Cottrell pointed out, however, that the elevation was in contrast to staff's recommendation relative to the mansard roof around the building. Ms. Heyden responded that she still strongly believes that the canopy should wrap all the way around tl~e building. Ms. Cottrell said the application is consistent with the code, but there is disagreement on subjective items, particularly the architectural items. These decisions are made by the corporations after a great deal of consideration. They feel they have clearly met the intent of the code. Mr. Wische favored the look of the building depicted in the photos Ms. Cottrell displayed. Mr. Beasley agreed with that opinion. Mr. Titcomb questioned whether or not there would be a major cost difference between the proposal submitted, and the recommendations of staff. Ms. Cottrell responded affirmatively and added that the cost would double. MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Mr. Beasley confirmed with Ms. Cottrell that the applicant would not have a problem with the mansard on the canopy, they would like to have the fifth pump island, and they do not want to put the mansard on the building. Ms. Cottrell explained that the fifth pump island is very important, Because of the compromise being made by the applicant relative to the canopy roof, they would like to see a retreat from staff's position on the roof treatment on the balance of the building. CHAIRMAN DUBI~ ANNOUNCED THE PUBLIC HEARING. Chairman Dub(} questioned whether or not this project had been addressed to Leisureville. Ms. Cottrel said they have not spoken directJ y to anyone from Leisureville. Barbara Grisdale, 2400 SW 19 Avenue, Unit #135. said her bedroom and living room face this project, She is opposed to this project because she feels it will not enhance the neighborhood. It will bring rodents, drugs and robberies to the area. It will be open late at night, and the lights wil shine in her windows. Chairman Dub(} explained that there wil be a gas station on this property regardless of who develops it, and there is a tremendous amount of space between Mrs. Grisdale's home and this corner parcel. Josette Burke, 2040 SW 24 Circle, does not understand why Leisurevil e was not informed of this project. Chairman Dub(} explained that there are signs posted on the property announcing this proposed development and this public hearing was announced in the newspaper. Only the residents within 400' of the project are required by law to receive notice, Mrs. Burke said her pool is directly behind a 5' wall. The wall can be jumped by anyone, and she does not feel this is a good idea. Chairman Dub(} stated that this project is not being built against the wall. There is quite a distance between this project and the wal . As a matter of fact, there is room between this project and the wall for an additional project in the future. Jane Earl, 1975 SW 24 Circle, said she has been in this area for 20 years. When she was interested in purchasing in Leisureville, she was warned by a realtor against buying there because there were future plans to turn the entire area commercial. She feels the community needs someone to protect them. MIN UTES PLAN NING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Chairman Dub~ pointed out that he has been in this area for 40 years and the zoning of this area has not changed in all those years. Mrs. Earl said she is very displeased ~ecause the traffic o~ Woolbright Road is already unbelievable. There are no children in her area and she does not think older people will patronize McDonald's. Joan Wilson, 2400 SW 19 Avenue. #134, ~s across from the 6' wall. She questioned why this g)roperty cannot be developed with a project which is closed at night or only conducts business for a few hours a day. WITH NO ONE ELSE WISHING TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Ms. Cottrel explained that there is an approved plan for a gas station on this site. If this plan does not go through, there is another plan which will go through. The applicant feels this plan is an im g~rovement. The project has been oriented so that the activity will be focussed toward the street. There is sufficient space separation and the landscape buffer will mitigate any impacts on the community. Ms. Cottrell said there would be several housekeeping items related to the staff conditions. The one condition which is separate from a housekeeping ~tem is the condition related to the recommended color and treatment of the roof-mounted equipment. Staff has recommended that the roof-mounted equipment be painted and texture-surfaced to match the building. The applicant feels this is unnecessary since all of the equipment will be screened by the parapel walls. There is no purpose to putting a textured surface on metal equipment and the cost would be prohibitive. The applicant would like this condition eliminated. The applicant is not opposed to painting it. Chairman Dub~ asked Ms. Cottrell if the applicant agrees with the following: To accept four pump islands at the present time; include the mansard roof on the pump islands; and leave the main building as presented. Ms. Cottrell confirmed that this would be an acceptable list of conditions. Ms. Heyden displayed a location map and pointed out that there is a distance of approximately 350' between the south property line of McDonald's and the north property line of the residential. In addition, there is a median on Woolbright Road which extends even further east of this parcel. No left-hand turn can be made out of this parcel onto Woolbright 9 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Road. Patrons will have to use the Congress Avenue entrance° In addition, with regard to the roof design on the main building, it is necessary to include that comment because the Community Design Plan requires that all facades of the building facing a public right-of-way or that are visible from a public or private right-of-way be designed as attractive in appearance as the front of the building. Ms. Heyden feels the McDonald's roof shape is a trademark. No one will mistake the golden arches on the tile roof. Motion Mr. Beasley moved to approve this project with four pump islands, leave out the fifth future pump island, with the stucco and tile canopies over the pumps, and leave the building as is rather than with the mansard roof. Mr. Wische seconded the motion. At the request of Chairman DubS, Mr. Beasley repeated the motion to approve tl~e project with four pump islands and not the fifth, with the Spanish "S" tile canopy over the pumps, and with the building as submitted, subject to all remaining staff comments. Mr. Wische seconded the motion. Vice Chairman Golden stated that at first, he had strong feelings in favor of staff regarding the fifth pump island ~ssue. Ho~vever, after looking more closely at this issue, there is 30' from the soutl~ern-most pump island to the property line. If a car is parked on the south side of the purr p island, that would still leave adequate access next to the car. Vice Chairman Golden concurs with the mansard roof. With regard to the lighting issue, Vice Chairman Golden feels the Community Design Plan contains very vague language as to what is allowed. Mr. Titcomb referred to the 30' issue on the south end of the proposed pump island. He said the blueprint shows on y 15'-5" if a car is parked in that location. That would result in a distance whicn is less than that required for two-way traffic on that corner. Ms. Cottrell explained that there is 29'-11" from the south end of the curbed concrete island to the curbing at the edge of pavement for the driveway. That allows sufficient room even with a car at the south pump island. Chairman Du b~ restated the motio~ to approve t~e conditional use with four islands, the canopy with mansara, leave the building as submitted and subject to all remaining staff comments. Ms. Heyden said the motion includes all staff comments with the deletion of Comment #11. Ms. Cottrel req aested that the board address the applicant's request to eliminate the textured surface roof-mounted equipment. (Comment #13) Ms. Co~trell explained that the applicant has reached a~ agreement with staff regarding the ground-level equipment. The equipment l0 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 will be screened with landscaping and fenced. Everything on the roof will be screened by the parapet. Nothing will be seen from ground level. Ms. Heyden explained that the rooftop equipment cannot be screened with fencing, and the screening must be part of the final plans. The rooftop equipment must be screened for a dista~ ce of 600'. Ms. Cottrell confirmed that the equipment will not be visible at a distance of 600'. Ms. Hevden stated that at permit time, staff will make sure the parapet screens the rooftop equ~pmen't. Chairman Dub~ reiterated that the motion includes all staff comments with the exception of the roof of the building. The vote was polled and the motion carried 6-1. (Vice Chairman Golden dissented because of the roof.) Mo~ion Vice Chairman Golden moved to amend the agenda to move up Item 7-B.1 to follow Item 7-A.1. Mr. Wiscne seconded the motion whicn carried unammously. B. APPEALS COMMUNITY DESIG KLPLAN Project Name: Agent: Owner: Location: Description: McDonald's/Amoco Restaurant and Service Station/Convenience Store Robert E. Basehart & Anna Cottrell Basehart & Cottrell, Inc. RFK Enterprises of Boynton Beach, Inc. Southeast corner of Congress Avenue and Woolbright Road Request for a community design plan appeal to allow lighting strips to be placed along the proposed mansard roof. Dan DeCarlo, Assistant Planner, reminded the members that this is a new type of convenience market oriented toward the traveling public and the residents and businesses in the area. The proposed building will be comprised of a 2,378 square foot restaurant and a 1,053 square foot Convenience store/gasoline station within a single-story building. Chapter 9, Section 10, Subsection F, of the Community Design Plan states the following: 11 MINUTES PLANNING & DFVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day; and lighting attached to the form of the exterior of the buildi~§ or part of the building exterior or visible from the exterior of the building shall not be permitted if it is contrary to the architectural style of the building. The applicant states that the request for the appeal is due to the fact that the lighting proposed ~s part of the architectural theme of tl~e building and does not function as lighting or signing. The applicant believes the lighting proposed on the north, south, and west functions as an accent feature which enhances the aesthetic appearance of the building. It is staff's recommendation that the proposed lighting on the mansard roof is contrary to the intent of the Commu~ ity Design Plan standards. The multiple vertical lighting beams detract from the Spanish roof tile and architectural design of the building. The fact that the applicant intends to leave the lights on during all hours of operation, magnifies the degree of visual 'mpact the lighting would pose on the surrounding neighborhoods. This lighting would be contrary to the work which has been done and the progress that has been made over the past years in implementing quality development plans and beautification efforts along Congress Avenue. In addition, the existing McDonald's within the Catalina Center on North Congress Avenue conforms with the architectural design of its immediate vicinity and does not have the lighting now proposed for this location. Therefore, based on these reasons, staff recommends denial of this appeal for the roof line ighting proposed. Ms. Cottrel explained that this appeal is necessary because this proposal is for lighting accents. The reason this was not done at the Catalina Center is that the center was already established. The new building had to blend with what was already existing. In this situation, there ~s no established architectural theme. McDonald's has offered not to light these strips if they are permitted to leave the strips as an architectural feature. Ms. Cottrell explained that even if the strips were lighted, they are not objectionable. They are not another form of advertising or s~gning, but they are part of the corporate architecture. If the strips can be left as architectural features, but not be lighted, the Community Design Plan appeal can be withdrawn. This feature only appears on the portion of the roof with the mansard tile. Vice Chairman Golden confirmed with Ms. Cottrel that the applicant was withdrawing the appeal. Ms. Heyden advised that without the lighting, the appeal is not needed: however, I~er opinion changes because her recommendation would have been made under the conditionaJ use approval. Ms. Heyden feels this structure on the roof is incongruous with the type and shape ]2 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 of roof. She recommends that if the lighting is dropped, they should also drop the request for the beams. Ms. Cottrell explained that the applicant would prefer the lights; however, the purpose of the beams is to bring the architectural features together. There is harmony between s~gnage and the building treatments. The lighting is not objectionable and constitutes only a small portion of the facade. However, if the objection is that this is a form of lighting, additional advertising or signage, the applicant will drop the request for lighting if they can keep the beams as part of the roof feature. Vice Chairman Golden pointed out that the features are shown as blue rather than white. Ms. Cottrell stated that it was designed to be white to provide a contrast; however, the features are typically aqk~amarine m color. The applicant is not "hung up" on tl~e color. Chairman Dub(~ advised that he would vote in favor of an amended motion to give the applicant the roof treatmenL but he would vote against the appeal for lighting. Amended LVIotion Mr. 13easley amended the motion under the conditional use to include the roof treatment without lights, He did not wish to specify a color. He felt staff should work out an acceptable color. Mr. Wiscne seconded the amended motion which carried unammously. In response to a question from Ms. Heyden, Chairman Dub~ reiterated that the motion was for approval of the conditional use including all of staff's recommendations with the exception of the mansard roof on the building. That motion was amended to include the accent beams without lights. Ms. Heyden requested that the board make a determination on the color of the accent beams. Discussion ensued on this issue. Ms. Cottrell explained that the applicant is willing to meet with staff prior to the City Commission meeting on this issue. She would like an opportunity to have the architects respond to the issue of color. The members were in agreement that the accent beams are to blend with the roof. AmendedMotioJ~ Mr. Beasley amended the amended motion to include that the color not be lighter than the stucco or darker than the terracotta roof. 13 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Ms. Cottrell explained that there are vendors McDonald's works with Because they might not be able to exactly achieve a color recommended by this board, she would like the opportunity to leave this item up to the architect to work out with staff prior to the City Commission meeting. Chairman Dub~ expia ned treat the board's remarks will be duly noted in the minutes and the Commission will understand the board's feeling on this issue. Mr. Beasley recommended that the applicant provide samples of the colors at the City Commission meeting. ABA~DO~I MF3~ Project Name: Agent: Owner: Location: Description: 2000 S.W. Golf Lane Deborah L. Bizzarro Mullen & Bizzarro, PA Mary Miller, Trustee of the Louis G. Schnitzer Trust 2000 S.W. Golf Lan e Request for abandonment of a portion of a five foot wide utility easement. Mike Haag, Zoning and Site Development Administrator, made the presentation. This property is located in an R-l-AA, single-family residential zoning district. The existing nome at 2000 SW Golf Lane encroaches a portion of the utility easement. This portion is a very smal piece of property. This abandonment request has been submitted in order to allow the closing on the sale of the property. The City's Utility Department nas no objection to the abandonment. The only utility having a concern was Southern Bell. Their concern was that if there are any Southern Bell lines within the area, they will not relocate them. No other City Departments had any objection to this request. Staff recommends approval of the abandonment of that portion of the utility easement shown and described in Exhibit "B" including the comment from Southern Bell identified in Exhibit "C". This approval is also subject to the City Comm ssion's adoption of the resolution finalizing the abandonment and recording same with Palm Beach County. THE APPLICANT WAS NOT PRESENT FOR THE MEETING. Motio~ Mr~ Wische moved to recommend that the request for abandonment of a portion of a five foot wide utility easement on 2000 SW Golf Lane be approved subject to staff comments. Mr. Eisner seconded the motion which carried 7-0. 14 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH~ FLORIDA AUGUST 8, 1995 o Project Name: Agent: Owner: Location: Description: Lots 32 and 33, Arden Park Subdivision Vincent A. Maffucci Nicholas L. Cucci West of NE 3rd Street bet~veen Lots 32 and 33, Arden Park Subdivision Request for abandonment of a ten foot wide alley located west of N.E. 3rd Streel between Lots 32 and 33 of the Arden Park Subdivision Mike Haag, Zoning and Site Development Administrator. made the presentation. This is a request for abandonment of a City alley. The agent is requesting this abandonment of the unimproved 10' wide alley right-of-way. City records indicate the house was built in 1925: however, there are no plans on file to determine where the footprint of the house was located with respect to the alley. The single-family home on Lot #32, which encroaches the alley, is a nonconforming use in the C-4 zoning district. ]-he City alley was established in 1913 when the Arden Park plat was approved. The alley dead ends at the west property line of Lots 32 and 33. The request for abandonment has been submitted to clear title to the home built on Lot #32 and across ti~e alley. ]-he alley no longer serves its intended purpose since the house belonging to Mr. Cucci was built 66 years ago. The City Engineer has no objection to the abandonment and the City's Utilities Department does not have any water or sewer services in this alley. Of the utility companies notified of the abandonment, Comcast Cable claims to have aerial cables in the area. Chairman Dub~ stated that Comcast Cable does not have aerial cables in this area. Mr. Haag agreed with this statement and advised that when he was preparing the report, he visited the site. He believes Comcast is referring to another area on 4th Avenue. He thinks Comcast misinterpreted the location of the alley. The applicant will have to take care of this issue with them. Southern Bell has advised that they have no objection to this abandonment detter from Nancy Vinez to Mr. Michael Haag dated August 4, 1995). City departments have no objection to this abandonment, and there ~s no objection from abutting property owners. Staff recommends approval of the abandonment shown and described on the attached Exhibit "B". subject to the conditions of approval from the requisite public utilities companies ~Comcastl being satisfied prior to Commission adoption of the resolution finalizing the abandonment and recording same with Palm Beach County. ]5 MINUTES PLANN lNG & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mr. Wische moved with reference to the request for abandonment of a ten foot alley located west of N.E. 3rd Street between Lots 32 and 33 of the Arden Park Subdivision to approve the request subject to the Comcast settlement. Vice Chairma~ Golde~ seconded the motion which carn ed unanimously. B. APPEALS COMMUNITYDESIGN Pi_AN Project Name: Agent: Owner: Location: Description: McDonald's/Amoco Restaurant and Service Station/Convenience Store Robert E. Basehart & Anna Cottrel Basehart & Cottrell, Inc. RFK Enterprises of Boynton Beach~ Inc. Southeast comer of Congress Avenue and Woolbright Road Request for a community design plan appeal to allow lighting strips to be placed along the proposed mansard roof. This item was disposed of earlier in the meeting. C. SUBDIVISION MA SIER~ P LAN_ MODIFICATION Project: Agent: Owner: Location: Description: Lawrence Lakes PUD Enrico Rossi, P.E. GRB Development & Construction Southeast corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal Request for approval to modify the previously-approved PUD master plan to increase the number of units from 32 to 34 by adding two single-family lots for construction of detached single-family units. 16 MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Mike Haag, Zoning and Site Development Administrator, made the presentation. He advised that this request will increase the total number of lots from 32 to 34. He displayed the master plan which showed the two proposed lots. Mr. Haag advised that master plan modifications are heard by the City Commission for a determination on whether or not the request is a substantial or nonsubstantial change only. Then the request is forwarded to the Planning and Development Board for final determination. Mr. Wische asked for clarification on the board's action ton ight. Mr. Haag advised that the board would be voting on the specific request. The Lawrence Lake rezoning and master plan were approved by the City Commission on December 6, 1988. The master plan depicted a 33 lot development; however, during the platting process, the total number of lots and units was reduced to 32. On November 21, 1989, the City Commission approved the final plat for Lawrence Lake to subdivide the property into 32 lots and various other common area tracts. The land use designation of the property is Low Density Residential which allows a maximum of 4.84 dwelling units per acre. The gross density of the 32 L~nit PUD is 2.4 dwelling units per acre. Adding the two units will change the density to 2.55 units per acre. The City Commission passed a modification to adjust the front setbacks and established setbacks for screen enclosures in August, 1992. Staff evaluated this request for consistency with PUD development standards. It has been determined that the two new lots will meet the ex~sting frontage area. and comply with the building setbacks and maxim um lot coverage. No negative comments were received from Utilities or Engineering; therefore, the existing infrastructure is adequate to serve the additional lots and the additional drainage runoff will be handled by the existing large retention pond. The traffic statement is being processed through Palm Beach County. Additional recreational fees will be due for the two additional lots. On Tuesday, July 11, 1995. the TRC met to review this request. They recommended that the City Commission make a finding of no substantial change, and that the Planning and Development Board approve the request subject to staff comments which are listed in Exhibit "D". The basis for the recommendation was that the impact (water, sewer, traffic and recreation, are minimal and are even less when compared to the original master plan that had been proposed for 33 lots. On August 3, 1995, the City Commiss~'on made a determination of no substantial change. ]? MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Mr. Haag explained that-the applicant has decided to create a tract including landscaping to mitigate complaints from property owners wi~ ~ do not want to look into horn Es across from them. The applicant has also proposed a tot lot. Staff is in favor of these proposals and will accommodate these proposals when they come in for replatting. Vice Chairman Golden questioned Item #2 of Engineering Division Memorandum No. 95-237 dated July 13~ 1995. Mr. Haag explained that this issue was raised at the TRC meeting. The ~alans conflicted at that tim e and Mr. Hukill wanted the plans to be corrected. E~J~o_Ross~~ is the engineer of record for this project since its inception. He provided a brief history of the pro;ect. The infrastructure is present to support the addition of these two units. He had proposed to show a Tract "X" which ~s a heavily-landscaped buffer across the street from Lots 1 and 2J The green area would vary in width from 10' to 35'. The developer has received permits to put in an automated gate entry system. With regard to Item #2, Mr. Rossi said ti~e existing pathway is an 8' pathway. The concern was that if it is a bike path, the driveways cannot intersect it. ff it is reduced to a walkway, it would be acceptable. It was believed this was a 5' sidewalk, but when it was measured, it was determined to be 8'. If 8' wide is a bicycle path, then it should either be made a bicycle path, or 3' of the width needs to be removed to make it a walkway. This path is 120' long anc~ it does not go anywhere. A gate will be installed so tl~at there is no entry from outside the community. ALTHOUGH THIS WAS NOT A PUBLIC HEARING, CHAIRMAN DUBI~ ALLOWED PUBLIC INPUT. Ro~a~eo~hic~J_La~w_e~ace~ake~e~ spoke of h ' omeowners association covenants and restrictions. He feels the developer is removing his right to easements of enjoyment. In addition, he claims that the master plan of 1989 depicts Tract "B" as a recreation area. He I:elt this was the enjoyment area referred to in the covenants and restrictions. The addition of these two lots will restrict his enjoyment areas in this comm unity. Mr. Chico further stated that the developer is selling lots to people using literature which states there will be a recreation area in the commumty. He referred to case law similar to his corn plaint wherein the property owner prevailed Chairman Dub~ sympathized with Mr. Chico, but explained that he has a legal issue between himself and the developer, The issue the board is dealing with is a matter of a change to the master plan. The developer's request is permitted. The legal issue is not part of the issue that can be addressed by the board. MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 Mr. Wische also expressed sympathy for the homeowners, but pointed out that every project has legal battles, and those battles must be settled in coum Chtudia_ChJco,~lJ~a~a~enc~ke D~r~e~ expressed concern about the fencing surrounding the tot lot and its location dose to the street. She feels it is not safe for children and she requested that the board help to ensure that the developer addresses the safety issue. Chairman Du b~ suggested that the homeowners' association address these concerns. Mr. Wische recommended arranging a meeting with the developer to discuss these concerns and work them out. DavJd-~Stei~,.J~7~vocad~.A~e~ue~3~est_palz~j~_~a~c~-- representing the developer, was present in the audience. Mr. Haag advised that staff will have To review the tot lot and will make recommendations about the lot being fenced. With regard to the bike path, Mr. Haag suggested maintaining the staff comment, and letting the applicant work it out with the City Engineer. Motioda Vice Chairman Golden moved to approve the master plan modification to modify the previously-approved PUD master plan for Lawrence Lake to increase the number of units to 34 by adding t~vo single-family lots for construction of detacl~ed single-family units, subject to staff comments and subject to tt~e plans submitted by the developer which calls for additional landscaping along the east side of Lot #33 and construction of a tot lot. and that those mprovements be reviewed and approved by staff to meet all techn ,cai requirements. Mr. Wische secondec~ the motion which carried 7-0. D. SITE PLANS NEW_SI'[E PLAN Project: Agent: Owner: Location: Description: LoDolce Warehouse George C. Davis, Architect Charles J. LoDolce Lot 10. Lawson industrial Park ~S.W. 14th Place~ Request for site plan approval to construct two warehouse buildings totalling 12,000 square feet on a .97 acre lot. Dan DeCarlo. Assistant Planner, provided a brief description of the application. He explained MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 8, 1995 that the Utilities Department provided additional comments which the board should be aware of relative to the ocation of the water meters because they were not sh own well on the plan. That concern has been worked out. Geo~geD, avis~ ~100_South FederaLHighway~ advised that he is aware of al staff comments and agrees to abide by all of them. In response to Mr. WIsche s queshon regard ng the Utdities Department concern. Mr. Davis advised that he was aware of the concern and it has been resolved. Mr. DeCarlo reported that Mr. Davis has already modified the plans· Motion Vice Chairman Golden moved to recommend approval of the site plan for LoDolce Warehouse to construct two warehouse buildings totalling 12,000 square feet on a .97 acre lot, subject to staff comments including the additional comments we received from the Utilities Department this evening. Mn Wische seconded the motion which carried unammously. 9. COMMENTSBY MEMBERS None 10. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 9:25 p.m. Prainito Recording Secretary (Three Tapes) 20