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Minutes 07-11-95 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 11, 1995, AT 7:00 P.M. PRESEN_T Stanley DubS, Chairman Jim Golden, Vice Chairman Dave Beasley Maurice Rosenstock Lee Wische William Burton, Alternate Robert Eisner James Titcomb Pat Frazier. Alternate Tambri Heyden, Planning & Zoning Director Michael Haag, Zoning & Site Devel. Administrator 1. PLEDGE O F~&LL£GIANCE Chairman Oub~ called the meeting to order at 7:07 p.m.. and led the Pledge of Allegiance to the Flag. 2. I NT ROD U CTtON._ OF~S4A3LOR~CObIMIS$ I~NE RS_ANDB_O ARD_M EM BFzRS Chairman Dub~ introduced the members of the board. Mr. Rosenstock was not yet present. He acknowledged the presence in the audience of Mayor Taylor, Commissioner Rosen, former Commissioner Jose Aguila, and former board chairman Gary Lehnertz. 3. AG ENDAAEPROVAL Mot[on Mr. Beasley moved to approve the agenda. Vice Chairman Golden seconded the motion. Chairman Dub~ announced that under "Comments by Members". he would like to address the issue of the City Commission's reconsideration of the Knuth Road PCD. Mr. Rosenstock arrived for the meeting. The motion carried unanimously. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA .IULY 11, 1995 Mot[on Mr. Beasley moved to approve the minutes of the June 13, 1995 meeting as presented. Mr. Wische seconded the motion which carried unanimously. 5. ~~ONS~NNOUNC~NTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last Month's Agenda Items Following is the City Commission's action on projects reviewed by the Planning and Development Board: Lake Worth Christian School - Land Use Amendment - Approved subject to all comments and recommendations from the Planning & Development Board. Ordinances are currently being prepared. Second reading should have occurred next Tuesday; however, there are outstanding issues to be resolved. It is anticipated that the second reading of the Ordinance will be approved at the first City Commission meeting in August. Special High Density Category Comprehensive Plan Text Amendment - Approved and is being prepared for trans mittal to the State. 2404 South Federal Highway - Land Use Element/RezoningF[ext Amendment - Approved and is being prepared for transmittal to the State. Sausalito Groves - Approval of Recreational Facility - Approved subject to staff comments. At the Planning & Development Board level, there was a problem with one of the Recreation & Parks comments. Recreation & Parks offered the applicant two options to solve the problem. The applicant chose a quiet picnic area. Zoning Code Changes: Allow mini-warehouses in the C-4 zoning district as a conditional use - This is currently in process before the City Commission. 2 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Allow wholesale of tropical fish in the M-1 zoning district - This is currently in process before the City Commission Because of a recent State law change regarding advertising of zoning code changes, these two items will be readvertise& First reading of both of these zoning code changes will take place at the next City Commission meeting. Zoning code change to delete the distance requirement for second-hand and not-for-profit used merchandise stores The City Commissio~ decided to go with the recommendation made by the Planning & Development Board to change the distance only in the C-4 district. That change resulted in the City having to readvertise. First reading will occur at the next City Commission meeting. Outpatient Properties - This item was removed from the table and approved subject to staff comments. The unity of title issue was worked out through a special agreement which was acceptable to the City Attorney. A condition was added requiring additional shielding of the parking lot lighting, and the City Commission has required the construction of a buffer wall along the entire length of the west property line; however, it can be prefab (masonry rather than CBSL Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications Mr. Beasley pointed out that with regard to Go[fview Harbour, the report states that staff approved installation of a green vinyl chain link fence. Mr. Beasley reported that the fence installed is a chain ink fence. It is not green vinyl. Chairman Dub~ said the descriptions listed are the requests which were submitted. The descriptions do not indicate what staff approved. He feels this practice is very confusing and requested that future reports be amended so that the report contains the approved items. Mr. Rosenstock requested that this report be corrected so that the members can see what has been accomplished as opposed to what was requested. 6. OL DKUSJ[~S~ None MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 7. A. PUBLIC HEARING COND II~IO~&L~JSE Project Name: Agent: Owner: Location: Description: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a Farm Stores Northwest corner of Boynton Beach Boulevard and NW' 7th Court Request for conditional use approval to construct a 756 square foot drive-through, convenience store with t~vo drive-up windows on a .29 acre parcel Mike Haag made the presentation. The surrounding land uses are existing sing[e-family residences to the north (R-l-A); NW 7th Court and a vacant parcel (C-2) to the east; Boynton Beach Boulevard and developed commercial property ~C-2) to the south; and an existing commercial building (C-2) to the west. Conditional uses require review of 12 zoning standards whicn are listed in detail in Planning and Zoning Department Memorandum #95-324 dated July 7, 1995, Ingress and Egress to the Property - Three driveways are proposed; one ingress- only onto NW 7 Court: one two-way driveway onto NW 7 Court: and an egress- only driveway onto Boyflton Beach Boulevard. The three driveways are to serve the two drive-through lanes eading to the two drive-up windows: one on the east and one on the west of the building. The drive-up window is not permitted on the east side of the site facing NW 7th Court. The applicant is requesting a Community Design Appeal on that issue. A parking lot variance for the Boynton Beach Boulevard driveway has also been submitted. Staff recommended approva~ of the driveway variance subject to the cross-over lane south of the building being removed. However, staff does not support the east drive-up window. Off-street Parking and Loading Zone - There is a requirement for a 35' x 12' loading zone. This site does not have enough room for a 12 foot wide loading zone; therefore, the applicant is requesting a zoning code variance to reduce 4 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA IULY 11, 1995 it to 9'. That request will be heard by the Board of Adjustment on July 17. ?arking is located along the north side of the property. This use requires a minimum of four parking spaces for a commercial use. They will provide one handicap parking space. In 1992, the proper~y owner appeared before the City Commission and said there was an error in the location of the zoning line. At that time, staff had recommended that the north 50' portion be limited to landscaping, drainage, and parking associated with a future commercial building on the remainder of the property. The Commission allowed the north 50' residential portion of the proper~y to be developed for commercial use, This proposal shows the applicant hon ori ng staff's original request by keeping the commercial buildi ng to the southern portion of the site. Refuse and Service Areas - The applicant intended to provide trash cans in the receptacle area; however, the Public Works Director is recommending a dumpster enclosure and dumpster. The dumpster enclosure and dumpster cannot be located in the north 50' of residentially-zoned property. 4. Utilities - All utilities are available to the site. Screening, Buffering and Landscaping - There is a requirement for a buffer wall which the applicant has agreed to construct. The applicant has met the landscape code requirements. Signs - The plan indicates a freestanding s~gn in front of the project, directional signs and building s~gnage. When staff reviewed this application, there was insufficient information available to make a judgment on whether or not this application met the sign code or community design plan for size, color and type of signage. Staff is requesting that the signage be brought back before the Planning & Development Board. Setbacks - The building meets all setback requirements, and lot coverage is within the code requirements. o General Compatibility with Adjacent Properties - There is a problem with the architectural design of the building which was identified during the review process, The building is rectangular in shape with a w~ng-like stuccoed top. This application is in compliance with the remaimng evaluation standards. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Haag pointed out that all departmental comments are subject to the Technical Review Committee recommendations regarding the requested parking lot variances as noted in Planning & Zoning Department Memorandum No. 95-327. He advised that there is a request for a parking lot variance to allow a driveway within 180' of the intersection. There is also a requirement that there be a 27' backup space for the parking spaces. The site plan shows 19' and 53'. There is a variance request to cover that situation. Mr. Haag advised that staff's recommendation in favor of the driveway vanance took into consideration the improvements the applicant made during the review process by revising the original driveway design. This original design involved significant safety problems in connection with a two-way driveway design onto NW 7th Court, rather than the ingress only design currently proposed. This driveway design still nas potential problems if motorists disobey the ngress-only restriction. The safest traffic flow would be to eliminate this driveway,, which would make even more sense with elimination of the east drive-up window. Staff was not in favor of the reduction from 27' to 19' and be ieves there is enough room on the site to accommodate the 27' backup space. Staff is also not in favor of the community design plan appeal for the location of the drive-up window. Staff believes that the site can be redesigned to accommodate the use without requiring t~vo drive-through windows. With the conclusions drawn under the discussion of ingress and egress to the site, one drive- up window (on the west side of the building) would suffice and could eliminate the need for the "problematic" ingress-only driveway onto NW 7 Court, the back-up space variance (the building can be shifted south), the loading zone width variance (the building can also be shifted east), and the unresolved dumpster access problems. Based on the information which indicates that there is an alternative drive-through facility design that has not been proposed which addresses traffic safety and efficiency, sanitation collection and compliance of the building with the objectives of the community design plan, the Planning and Zoning Department recommends denial of this conditional use request as submitted. Bert Pascual, of EGN Engineering, 9300 NW 25 Street, Miami, Florida, and Maurice Barrett, 4161 Park Avenue, Coconut Grove, Florida, were present to address their proposal. Mr. Pascual said two of the outstanding issues were safety on site and trash collection. The applicant has arrived at two possible solutions to these problems and requested permission to present those options to the board. 6 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Pascual advised that the original plan shows a double ingress/egress and one egress on the site. This plan was submitted to D.O.T., and a verbal approval has been received. One of the problems they are encountering is the location of the trash enclosure on the site. When the rear 50' was rezoned as commercial in 1992. a decision was made that only andscaping, drainage and parking are permitted in that area. In presenting a "clean slate plan on a totally commercial parcel" to Mr. Eichorst. Public Works Director, Mr. Pascual learned that if the dura pster enclosure could be located on the rear 50', the Public Works Department would support the plan. In Mr. F'ascual's opinion, placing the dura pster in the front portion of the site is inappropriate. Farm Stores is willing to seek another variance to allow afive foot high stuccoed CBS enclosure (to match the buffer wall) in the rear portion of the site. On this "new" plan, Farm Stores removed the traffic conflict by relocating two of the required parking spaces (four spaces are required) to the front, southern portion of the property. By extending the building back, they can achieve the 27' backup distance. With regard to the double drive-through, Farm Stores is proposing to install a 48-inch buffer. He circulated photos of Wendy's and Checkers to display their buffers. A 48-inch buffer would screen the impact of a double drive-through. Farm Stores has kept the size of their buildings small and needs the double drive-through to decrease any stacking and vehicle impact on the site. Farm Stores is more than willing to discuss any additional requests for added screening such as a 4' trellis. Mr. Barrett advised that Farm Stores has 204 stores in operatiom They are the largest type of double drive-through store in the country, and deal mainly in dairy products. They have been in South Florida since 1957, and they are a community-oriented business. In 1992, Farm Stores was bought out of bankruptcy and the company set up a new vision statement which demands that Farm Stores be a responsible corporate citizen. Based on the layouts shown, Farm Stores states that it will take 15 seconds to serve customers. They do not prepare food; Farm Stores chose this location to serve the residential community to the rear of this site. They are not trying to capture a great deal of business off Boynton Beach Boulevard. They are confident most of their business will come from the community to the rear. Mr. Barrett feels Farm Stores is the expert in the area of traffic, and that statement is justified by the number of stores in operation and their experience in South Florida. Mr. Barrett explained that Farm Stores is very flexible, and requested assistance from the board in helping them to develop the site. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY11,1995 Mr. Wische was pleased with the manner in which Farm Stores addressed the problems that exist and the fact that they are flexible. He pointed out that the applicant worked diligently to revise a major problem. He will support this project if the applicant will address and work out the remaining outstanding 'ssues. Vice Chairman Golden questioned whether or not staff has had the opportunity to review the revised site plan, Mr. Pascual responded negatively and advised that the revised plan was worked out in the past two days and only printed out this morning. Mr. Pascual explained that it is very important for this application to go before the City Commission as planned; therefore, they decided to present this plan directly to the board. Mr. Barrett added that this property is a lease property and they have restrictions on the ~nspection period. They have already requested two extensions because the process time took longer than originally anticipated. Their deadline is 'n August, and f the permits are not pulled at that time. they must either back out of the deal, or begin paying rent. It would not be to Farm Stores' benefit to pay rent on a pro;ect they are not certain they will be able to build. At Mr. E~arrett's reel uest, EGN is presenting these options this evening in an attempt to speed up the process. The landlord is tired of the delays and wants this project to move forward. In response to Chairman Dub~'s question regarding whether or not there are too many outstanding issues for the board to address, Ms. Heyden advised that the presentation tonight is a new design. She commended Farm Stores for their work, but feels that this project would work better in a different C-2 zone in the City. This is the wrong use for this location. Putting the dumpster in the 50' rear portion compromises the residential character of that northern portion of the site. In addition, she opposes the double window on Boynton Beach Boulevard. In Chairman Dub~'s opinion, this project is "ten pounds in a five pound bag". Vice Chairman Golden further pointed out that this is not a standard site plan. This is a conditional use. The staff report deals with the first site plan snown, not with the new proposal. He does not feel the board can consider this new plan since it is a conditional use. Mr. Haag advised that the applicant was given the opportunity of continuing this case until the next meeting. That would have allowed them to go back before the TRC with the revised plan. Staff did not have the time available to review the revised plan prior to this meeting. Chairman Dub~ explained that the Planning & Development Board can readdress this application in two weeks, but that would not solve the applicant's urgency to go before the City Commission this month. 8 MINUTES PLANNING & DEVELOPMENT BOARD BOY NTON BEACH, FLORIDA JULY 11, 1995 Mr. Pascual stated that he understands the issue with regard to the 50' rear portion of the property; however, the applicant feels the citizens of Boynton Beach would prefer not to see the trasn enclosure on the front of the property. Chairman Dub~ explained that the board can only vote on the application submitted and the recommendations of staffon that application. He further advised that even ifthis board denies the application, it will still move forward to the City Commiss ion. With regard to the dumpster in the residential area, Ms. Heyden advised that that issue does not involve a variance. It is a decision that only the City Commission can make. With regard to the loading zone, a variance would still be required. Chairman Dub~ pointed out that the applicant had two options. The first option was to allow the board to vote on the plan and recommendations submitted. The second option was for the applicant to withdraw the application, resubmit the revised plan, and return for a special Planning & Development Board meeting on July 25. The second option would take this application to the first City Commission meeting in August. Mr. Barrett statec~ that he did not want the project to die, and wants to work with the City. CHAIRMAN DUB[E ANNOUNCED THE PL BLIC HEARING. Gary Lehnertz, 619 SW 2 Avenue, addressed the issue as a private citizen and a representative of the Lake Boynton Homeowners' Association. Lake Boynton Estates is directly to the south of this project. In his opimon, this is the wrong location for this proJect. The site is too constrained for this use. There are major problems with the dumpster, traffic and inadequate landscaping. He feels this board and the City Commission should deny this project. Karen Churey, 1002 NW 7 Court, said most of the residents in the area am not in favor of this project. It compromises traffic and she is in agreement with Mr. Lehnertz' remarks. Joyce Bartel[, 160 W. Ocean Drive, does not see how this project would benefit her as a resident. She is concerned about environmental safety. Although she believes in businesses being able to promote their products, and good use of land, she feels the location of this project is wrong. Jose Aguila, 800 SW I Court, feels this is putting ten pounds in a five pound bag. Although property owners have the right to develop their property, and this applicant has attempted to resolve some of the issues, he objects to this project on this site. Drivers trying to manipulate 9 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 the turn into the driveway to the drive-through lane will create a situation whereby they will be driving over the landscape islands. He does not believe this plan can work, He also has a problem with the issue of refuse collection. This use does not generate only recyclables. They will need two dumpsters which will result in the elimination of parking spaces. He also asked the members to consider how this project wilt look a year from now, He referred to the Farm Store on Woolbright Road. pointing out that there are stacks of plastic containers and coolers outside the building because of lack of space indoors. He has concerns about noise 'n the early mormng hours, and does not like the design of the store. Mr. Aguila feels Farm Stores is attempting to do too much on a small site, This is the wrong project for this site. He urged the ~oard and the City Commission to deny this project. Mr. Beasley advised that based on the site plan presented, and the comments, he will not support this project. With regard to the new site plan presented this evening, he is not certain whether or not he would support the ~roject, but would most likely vote to deny it. Mr. Rosenstock feels this is the wrong project in the wrong place. He (Joes not believe in prolonging m~sery for an applicant and causing more expense. Even if the application is continued to allow time for review of the revisions, he wil still not support this project. Motion Mr. Rosenstock moved that based upon the revised plans and the former plans submitted, we vote to deny this petition Vice Chairman Golden seconded the motion. Chairman Dub~ advised that although he suggested the option of continuing this application, he will oppose the revised plan. Vice Chairman Golden feels the parcel is too small to accommodate the proposed use. It has access and circulation problems as well as other problems covered in staff's report. He feels staff's recommendation is appropriate. Chairman Dub~ explained that from first seeing this proposal his opinion has been, and remains, that it is too much for the property. In fairness, the applicant has other options. The board can deny this application and the applicant can withdraw the application to stop it from going to the City Commission. That will allow an opportunity for the applicant to work with staff. However. because of the number of problems involved, even the revised plan would be denied by this board. Chairman Dub~ reminded the applicant that this board is only advisory in nature, and the City Commission may not deny the request. l0 MINUTES PLANN lNG & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA IULY 11, 1995 Because Farm Stores is very sensitive to community concerns, and because of remarks made by the public, Mr. Barrett said he would pull away from the project. He thanked the board for its t~ me. Mr. Wiscl~e stated that he was originally against this project, but based on the applicant's vigor to produce plans, he thought it might work. However~ after hearing comments this evening, he will not support this project. In response to Chairman Dub~'s question regarding whether or not Mr. Barrett's intention is to withdraw the applicatiom Mr. Barrett responded affirmatively. Mr, Rosenstock withdrew his motion, and Vice Chairman Golden withdrew his second. Mr. Haag explained that there were other agenda items for the Farm Stores. The applicant requested that all items be withdrawn from the agenda. Those items are VII-B.t ~Community Design Plan Appeal), and VII-E.2 (Parking Lot Variance).. 2. Pr(; ect Name: Agent: Owner: Location: Description: Taco Bell at the Shoppes of Woolbright PCD Eduardo L. Carcache CKE Group, Inc. Taco Bell Corporation Northeast corner of Woolbright Road and SW 8th Street Request for conditional use approval to construct a 2,616 square foot restaurant with a drive-through window on a .895 acre parcel. Mr. Haag made the presentation. The parcel for this proiect is located within the PCD. The surrounding land uses and zoning include vacant land zoned PCD to the north; existing parking lot for Home Depot zoned PCD to the east; Woolbright Road and vacant land zoned C-3 to the south: and SW 8th Street and vacant land zoned PCD to the west. Because conditional uses require review of 12 zoning standards. Planning and Zoning Department Memorandum #95-334 dated July 7, 1995, details the results of that review. A brief synopsis of that review ~s isted below. Ingress/Egress - The property is a newly-subdivided outparcel within the Shoppes of Woolbright PCD. Due to an approved master plan modification for the PCD which included a median cut within SW 8th Street to align with the future shopping center driveway, the driveway has been upgraded to a major MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 driveway. The existing driveway will be shifted 30 to 40 feet to the north. There will be an entrance into the Taco Bell site from the new driveway. In response to Mr. Wische's question, Mr. Haag explained that because of the curb cut, the new driveway wil be treated as a major driveway into the PCD. The driveway will accommodate two-way traffic. Mr. Wische advised that he was in possession of the 1986 and 1990 court orders. He referred to #9 of the document and read the following: "The City agrees that Tradewinds shall be entitled to an additional curt; cut on SW 8th Street located between Woolbright Road and the primary shopping center entrance designed to accommodate entering right-turn traffic only, and to be constructed in accordance with the City code." Mr. Wische questioned whether or not the road Mr. Haag was referring to was the same road he described. Mr. Haag responded affirmatively and explained that there was a master plan modification. Mr. Wische insisted that unless the court order was changed, the appiicant is entitled to a right-turn only road. Chairman Dub& pointed out that on May 16. 1995, the City Commission approved a master plan modification. Ms. Heyden confirmed that a master plan modification was filed and a new agreement which supersedes the court order was approved by the City Commission. She directed the members to Page 4 of the staff report where she referred to this City Commission action. Mr. Wische advised that he spoke with three City Commissioners who claim tl~at they did not vote to approve any such conditional use. He requested clarification. Ms. Heyden explained that in both the 1986 and 1990 agreements, there was discussion of prohibiting fast-food restaurants. The most recently-approved agreement supersedes both of those agreements and opens up the issue of fast-food restaurants being allowed if a conditional use is approved That is what has allowed the submittal of this application. City Manager Parker stated that the settlement agreement is an additional settlement agreement which resulted from Mr, Morton going back into court in 1992. City Manager Parker said the fast-food issue was contained in the 1990 agreement. Mr. Wische disputed this statement and requested a meeting with the City Manager to review that agreement. Mr. Haag returned to his presentation. He explained that Taco Bel is requesting a driveway variance to allow this driveway which will be within 30' of the first ingress aisle. The code requires a minimum of 100' from the right-of-way to this first access aisle. When the parking lot variance went before the TRC to allow the 30' rather than 100', staff recommended approval, but requested that the traffic direction be in-flow only so that there MINUTES PLANNING & DEVELOPMENT BOARD BoyNToN BEACH, FLORIDA JULY 11, 1995 is no exiting from the site into the traffic lane. Because of that request, the dumpster had to be switched to allow pickup. The Public Works Director has a problem with rotating the dumpster enclosure and picking it up from that location. He does not believe the trucks will be able to make the turn to exit the site. A recommendation which he agrees to would attempt to add a connection into another site. This recommendation would negate the need for a variance because the 100' throat would remain. This recommendation would require a redesign of the site. Off-street Parking and Loading -A loading zone is proposed and there will be 90° parking. The applicant meets the requirement for the number of parking spaces. Refuse and Service Areas - This standard was discussed under #1. 4, Uti lities - All utilities are available to the site. Screening, Buffering and Landscaping ~ This plan meets the landscape code. Them ~s a peripheral greenbelt req wired around the perimeter of the project. They have provided minimal landscaping in certain areas. Staff has requested additional landscaping ~n those areas. Signs and Exterior Lighting - There is a sign program for this entire shopping center. The applicant will be required to make a submittal to change the sign program by requesting approval of the Planning & E)evelopment Board and the City Commission to incorporate all that they want for Taco Bell. They have not yet done that. They have only submitted their request for the specific site. Staff recommends that they submit their modifications to the sign program. Required Setbacks and Open Space - The proposed structure meets alt the setback requirements and lot coverage requirements of the zoning district. General Compatability with Adjacent Properties - The architectural design shows a tile roof in earth-tone colors and a colored awmng. Staff does not favor the multicolored awning which is backlit. Staff recommends that the applicant change the awning to a solid color and use that, along with the tile rooL as a feature which can be used in the other buildings proposed for the shopping center. In addition, the code does not allow the drive-up window on Woolbrignt; however, that code became effective in March of 1995. This particular 13 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON ~EACH, FLORIDA JULY 11~1995 submittal began in January of 1995. The submittal was in progress when the Code changed. Staff recommends that the building be rotated to try to put the drive-up window on a~ interior side rather than facing Woolbright Road. Height of Building and Structures - This will be a one-story building, 18' in height. This project is in compliance with Standards 10, 11 and 12. Staff recommends approval of this request if the applicant is agreeable to the modifications discussed by staff including relocation of the drive-up window and redesign of the parking lot to accommodate the 100' throat. Mr. Wische referred back to the 1986 and 1990 court orders and stated that no fast-food restaurants were permitted at either of those times. The City does not have to beg these applicants to change the location of the drive-up window since their plans were submitted when fast-food restaurants were not allowed. He requested clarification of the hours of operation of the drive-up window, the applicant's proposal for the dumpster, and whether or not the access roads will be fashioned to accommodate the sanitation equipment. He pointed out that by changing the drive-up window, the parking lot must be redesigned, and a suitable location must be found for the dumpster. Mr. Wische asked for confirmation from the applicant that he will comply and act upon all of the recommendations and comments made by staff. Ms. Heyden agai~ reiterated that the 1990 agreement was silent regarding fast-food restaurants. It was the City's position that the 1990 agreement did not supersede the 1986 agreement. However. the applicant was of a different opinion. Because of the lack of clarity, the City entered into the most recent agreement. Mr. Wische feels that if there was no mention of this in the 1990 agreemenT, then the 1986 agreement was in effect. Eduardo Carcache, engineer with CKE Group, Inc., advised that work began on this project over a year ago. They checked on the zoning requirements and there was no issue with the drive-through window. Several proposed layouts were presented to staff. Taco Bel is very structured relative to how the drive-through operates. They wil not construct a store unless they can stack a minimum of eight cars. All new sites being developed by Taco Bell have this stacking requirement as a #1 priority. Their second priority is the flow of traffic through the site. They oppose any type of dead-end parking. These priorities were considered in this layout. This particular project is a special building for Taco Bel because it ~s a reverse building. Normally, the drive-through is entered from the rear of the building, n this case, entrance to the drive-through will be from the front of the building. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11,1995 An a~empt was made to locate the drive-through facing east, but a dead-end parking situation resulted on the west side of the building. The optimal configuration meeting req ~irements for the traffic flow and stacking is the one which is being presented. The median cut was requested when Taco Bell realized that without it, they would have to route traffic through the Home Depot parking lot. The median cut wil[ also allow access by residents to the north. This rec~est required a variance because of the 100' throat requirement. During the first review without the median cut. the Public Works Department did not have a problem with the dumpster as now shown. After the median cut was req ~ested and the site pla~ changes were submitted, this issue arose and the Engineering Department recommended that the driveway to the west be reduced to a one-way driveway in. The applicant (~oes not have a problem with that request. During the TRC meeting, the applicant anticipated the problem with the dumpster. They decided to rotate the dumpster 90° so that the gates would be in the right position for access. When Mr. Carcache left the meeting, he understood that situation could be corrected and that it was a minor change. He expressed surprise when this became an issue today when he received the comments from staff. Although he would like to be able to rework the site to solve the problem with the drive- through, this situation has been investigated in the past and the traffic considerations inside the parcel would have to be sacrificed along with the stacking of the drive-through. Mr. Carache stated that he has been doing the layouts for Taco Bell for ten years. The proposals are sent to Taco E~ell's Development Department in Ca[ifornia~ where they review the site plans. They feel this is the best possible layout. Mr. Carcache explained that the land[ord's interpretation has been that his agreement included permission to have these restaurants. The City had a different view. A tremendous burden was placed on Taco Bell because plans were submitted prior to any changes in the code. Taco Bel was unable to proceed unti this settlement agreement was signed by both parties. They have been caugl~t in the middle of many delays. Mr. Carcache feels it would be unfair for Taco Bell to be forced to comply with a new provision of the Code which was added after their submission. He recommended that this project be grandfathered in with respect to the issue of the drive-througn. In Mr, Wische's opinion, the submission of this application was not legal in December because according to the 1986 and 1990 agreements, no fast-food restaurants were permitted. Mr. Carcache stated that if Taco Bell could redesign the building, they would. However, they cannot change the location of the drive-through window. He further explained to Mr. Wische MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 that he realizes this is an issue of interpretation, but Taco Bell is caught in the middle. Chairman Dub~ reminded Mr. Wische that the interpretation of the agreement is no longer an issue. In response to Chairman Dub~'s question. Mr. Carcache explained that the location of the drive-through wi ndow cannot be changed. Moving the drive-through window to the rear of the building will not work because the equipment could not be laid out. Mr. Carcache agreed that the dumpster issue could be worked out and the applicant nas no problem adding additional landscaping and the arch suggested by staff. The applicant will work with staff on finding an acceptable awning color. He advised that tnere are no recommendations of staff he cannot comply with other than the drive-through window. n response to Mr. Wische's question. Mr. Carcache stated that the o rive-through window will be open until 1:00 a.m. on weekdays and 2:00 a.m. on weekends. The restaurant opens at approximately 10:00 a.m. CHAIRMAN DUB[~ ANNOUNCED THE PUBLIC HEARING. Gary Lehnertz, 619 SW 2 Avenue, wanted to reemphasize Mr. Wische's remarks regarding the restrictions on this site. He reminded the members of a previous application which came before the board for the driveway. That application was an amendment to the site plan. The board recommended denial of the driveway. The driveway was presented as being specifically for Taco Bell. This application is expressly for Taco Bell. Mr. Lehnertz urged the board to deny the conditional use and the driveway. He does not feel this use is appropriate in this location. Mr. Lehnertz stated that a former board member expressed his opinion earlier this year when he stated that this group has taken Boynton Beach for millions of dollars and has run us over a barrel and extracted everything they could out of the City. At this point, it is not the purpose of the City to bend over backwards to give them anything more than they have already extracted. Chairman Dub~ advised that the driveway has already been approved by the City Commission. Jose Aguila, 800 SW I Court, said the applicant will not be able to monitor the ingress only access. Even though signs wilt be posted, it will be maintained as an ingress/egress. He expressed concern about what this project will look like from Woolbright Road. He is also concerned with the median cut because that north/south thoroughfare is already busy. He feels the traffic will be very intense. Furthermore, he did not see any reason for the access on the east end of the drive to Home Depot. This will provide another means for people to speed 16 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA }ULY 11, 1995 in and out of Home Depot. Mr. Aguila also requested information on the elevations of the signage. Mr. Carcacne advised that in order to make the driveway one-way, the applicant proposes to reduce the width to only t 5' by increasing the landscape island. The signage wil be based on the elevation of SW 8th Street. Mr. Haag directed the members to Page 17, Item #16 of Planning and Zoning Department #95-333. He stated that he heard the applicant agree with staff's recommendations. Staff's recommendation is that the west access point req ~ested for a variance be deleted and replaced with a new access point along the east property boundary. Mr. Carcache stated that the conditional use and the parking lot variance are two separate 'ssues. At this point, he was only answering a question which had been asked. Motion Mr. Wische moved with reference to Taco Bel, the conditiona use drive-through restaurant, to deny the request. Vice Chairman Golden seconded the motion. Vice Chairman Golden stated that this is a fairly decent size outparcel in a recently-approved outparcel. He does not see why the applicant cannot make every effort to meet current codes including the location of the drive-through window. With regard to the 0arking lot variances, if the applicant had not requested the median opening on SW 8th Street, there would not be a need for the variances. He agrees with staff's recommendations, The motion carried 5-1. (Mr. Beasley cast the dissenting vote.) Motion Vice Chairman Golden movec to amend the agenda to move up the parking lot variance for Taco Bell Mr. Rosenstock seconded the motion which carried 5-0. tMr. Wische was away from the dais.; E. OTHER PAR KIL~ G_ L O T~VARIAISLCE Project: Agent: Taco Bell at the Shoppes of Woolbright PCD Eduardo L. Carcache CKE GrOup, Inc. 17 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ~ULY 11, 1995 Owner: Location: Description: Taco Bell Corporation Northeast corner of Woolbright Road and SW 8th Street Req L~est for relief from Chapter 23 - Parking Lots, Article II. Section H.5.. Land Development Regulations. to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 feet to 30 feet. Mr. Haag made the presentation. The City Commission nas made a determination that they will make the final decision on parking lot variances, but they want input and recommendations from the Planning & Development Board. As previously mentioned, the distance from the right-of-way line to the first ingress should be 100'. The applicant is requesting a variance to rec~uce that distance to 30'. This driveway leads back and will tie into the Home Depot site to the east. Staff's recommendation is as follows: "On Tuesday, June 26, 1995, the Technical Review Committee tTRC) reviewed the revised plans and oocuments submitted and formulated a recommendation with regard to the variances requested. After review and discussion, the TRC recommended approval of the parcel's access point closest to SW 8th Street to be located approximately 30' from SW 8th Street, subject to the access aisle into the Taco Bell site being limited to ingress only tsee Engineering Division Memorandum No. 95-213). The TRC determined that this condition is necessary so as to prevent exiting traffic within the major driveway from stacking beyond, and blocking access to the entrances to the Taco Bell property." In Vice Chairman Golclen's opinion, this is a self-imposed hardship which was created by the applicant's request fop the median opening on SW 8th Street. Therefore, he is opposed. MoJ:i~on Vice Chairman Golden moved to recommend to the City Commission that this request should be denied. Mr. Rosenstock seconded the motion. Mr. Beasley stated that he Would not have a problem with this request if it was a one-way ingress. The motion carried 5-1. (Mr. Beasley dissented.) 18 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 ~ot~o~ Vice Chairman Golden moved to amend the agenda to move Item VII-D.1 (Papa John's Site Plan) up on the agenda before VII-B.2 (Papa John's Landscape Appeal). D. SITE PLANS Project Name: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd. Papa John's USA Northeast corner of NW 7th Court and Boynton Beach Boulevard Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres. Mr. Haag made the presentation and advised that this is a new site plan at NW 7th Court and Boynton Beach Boulevard. Surrounding land uses and zoning include a single-family residence zoned R-1-A to the north; Boynton Beach Boulevard and a medical office building zoned C-2 to the south; Wendy's restaurant zoned C-2 to the east; and NW 7th Court and undeveloped commercial property zoned C~2 to the west. The applicant's traffic report has been submitted to Palm Beach County, but no response has been received, staff believes they will be below the threshold of 200 trips. The applicant did not submit sufficient drainage information to thc Engineering Department for them to ensure that the levels of service are met. This information must be submitted by permitting time. A two-way driveway is proposed on NW 7th Court to serve the facility. Six required parking spaces are provided, including one handicap space. Variances have been requested to eliminate one of the required spaces to eliminate the requirement of a loading zone. In addition, the applicant has requested a landscape appeal to allow the two foot overhang of the parking spaces to encroach into the five 'foot wide landscape strip that is required to border the vehicle use area when the area is adjacent to the right-of-way. All other landscape issues will be in compliance when staff comments are met. This site Plan has not been designed to accommodate the requirements of the Public Works Department for safe access to the dumpster. The location proposed is unacceptable to Public Works because the sanitation vehicle will be inthe street when servicing the dumpster. The building style has a hint of Spanish/Mediterranean style with its flat roof, clay tile cap and decorative beam ends. Many of the surrounding buildings are Spanish/Mediterranean in style. Staff recommends minimizing the use of the color green on the awnings and darkening the color of the walls to MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BFACH~ FLORIDA JULY 11, 1995 more of an earth tone. Signage wilt meet code when staff comments are incorporated. Staff's recommendation is as follows: "Due to the significant nature of the staff comments tparticularly unsafe dumpster access and insufficient back-up for one of the required parking spaces, necessitating a variance to reduce one of the required parking spaces), staff recommends denial of this site plan request. The above comments indicate the problems that are reflected in trying to utilize such a small site for this type of use. A new submittal would be required to address staff comments~ since a redesign of the site would be necessary." Beverly Eustas, 933 Lee Road, Orlando, Florida, represented the applicant. She advised that there have been numerous meetings held to resolve t;qe outstanding issues. This is a very compact site which was redesigned many times. The proposed design addresses many of the ~ssues. The primary outstanding issue is the dumpster and they are working on resolving it. Ms. Eustas said she learned that the requested variance was pulled at staff's recommendation. Mr. Haag advised that there was a determination made that a variance was necessary because of the distance of the driveway to the intersection of Boynton Beach Boulevard. That situation has been resolved by staff and the variance is no longer required. Staff is in the process of returning the fee paid for that variance request, With regard to the dumpster issue. Ms. Eustas said she met with Bob Eichorst to discuss various options. The applicant has offered to attempt to work out a cross-access agreement with Wendy's across the back of the site so that the dumpster can be serviced at Wendy's. and then the truck can [~roceed on to service Papa John's. The dumpster will be turned so that it can be easily serviced. Mr. Eichorst indicated he would be interested in seeing such a plan, and feels that is the only possibility of having this plan work. She is aware this plan wil have to go back through staff for review, and be approved by Mr. Eichorst. Ms. Eustas requested that if this plan is approved, a condition of the approval should be satisfying staff's comments and an additional appearance before this board if Wendy's elects not to go along with a cross-access agreement. The alternative to this option would be to have a double dumpster on Wendy's site: one for Wendy's and the oti~er to service Papa John's. fhe applicant is willing to work with staff on the outstanding issues. She urged the members to consider a conditional approval. Chairman Dub~ pointed out that in a recent newspaper article, ne read that Papa John's is in strong competition with Pizza Hut. He questioned the number of delivery vehicles that will be present on site at the same time. Ms. Eustas stated that Papa John's usually has four to five deliverers at peak times. Chairman Dub~ stated that there is limited parking and no loading zone. Vice Chairman Golden also pointed out that the applicant is requesting a variance for 2O MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA IULY 11, 1995 the elimination of one of those parking spaces. Karen Churey stated that she does not want the traffic in this area. The traffic situation is already qorrible. Gary I_ehnertz feels there is not enough room to work with on this site. He recommended denial of this application. Jose ^guila feels this is another example of too little space. He feels the dura pster ~ssue can work. but the elevations are too bland. They need to do more work in that area. He feels the clay tile cap should be continued on the fourth side of the building. He has a problem with the fact that there is no loading zone and they do not have enough parking. He is most concerned about how the rooftop equipment wil be screened. Vice Chairman Golden reiterated comments made with regard to the Farm Stores that this is putting ten pounds into a five pound bag. He agrees with staff's recommendation. Vice Chairman Golden moved to recommend that the request for Papa John's new site plan constructing a 1.142 square foot take-out pizza store on .22 acres be denied. Mr. Wische seconded the motion which carried unanimously. B. APPEALS CO ~EIU S 1I~3)~ESl~ N ~J~ Project Name: Agent: Owner: Location: Description: Farm Stores A. M. Pascual EGN, Inc. REWJB Investments, d/b/a/Farm Stores Northwest corner of Boynton Beach Boulevard and NW 7th Court Request for a Community Design Plan appeal to allow a convenience store drive-up window facing a public street. This item was withdrawn by the applicant. 21 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Project Name: Agent: Owner: Location: Description: Papa John's Interp[an Practice, Ltd. Papa John's USA Northeast corner of NW 7th Court and Boynton Beach BouleYard Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. Beverly Eustas feels that it is unlikely that Papa John's will be reducing the curbing given the constraints of the site. She requested that the members consider granting approval of the request for future site plan approval. Ms. Heyden advised that if the board decides to approve the request, the approval should be contingent upon the parking spaces being angled. Vice Chairman Golden has reservations about approving this without seeing a revised site plan. Motion Vice Chairman Golden moved to recommend denial of the landscape appeal to overhang the required landscape strip with bumpers of parked cars for Papa John's. Mr. Wische seconded the motion which carried unanimously. C. SUBDIVISIONS Maste tl PJao~4odific at Jori Project Name: Agent: Owner: Location: Description: Nautica a.k.a. Boynton Nurseries PUD Kilday and Associates Boynton Nurseries West side of Lawrence Road, approximately 1,300 feet north of Gateway Boulevard Request to modify the previously-approved master plan to establish setbacks for whirlpools and Jacuzzis on zero-lot-line lots and "Z" lots. 22 M IN UTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Haag made the presentation and advised that the City Commission, at its July 5 meeting, reviewed this plan and determined that there was no substantial change. It is forwarded to this board with a recommendation for approval subject to staff comments. This development will be made up of 370+ zero-lot line ano Z-lot line homes. The request is to allow both the zero-lot line and Z-lot line lots to establish setbacks for Jacuzzis and whirlpools. The proposal is to add the words "Jacuzzis and whirlpools" to be placed on the Z-lot line lots. The setbacks will remain exactly the same as they currently exist on the zero- lot line lots. In addition, the applicant is req uesting permission to allow both the zero-lot line lots and the Z-lot line lots to have screen enclosures. The only staff commentJisted is that the applicant indicate on the master plan that there is no approval for above-ground pools. Collene Walter, 1551 Forum Place, West Palm Beach, advised that when the applicant originally defined the pool setbacks for the zero-lot line homes, they anticipated those setbacks would allow whirlpools and Jacuzz~s because they are covered by the pool code. With regard to the Z-lot line homes, almost all purchasers are requesting permission to put a Jacuzzi in their screened-in patio. The setbacks proposed are the same as what was previously approved for the pools and there is no loss of green space. Mot~o~ Mr. Wische moved to approve this request to modify the previously-approved master plan to establish setbacks for whirlpools and Jacuzzis on Zero-lot line lots and "Z" lots. Mr. Burton seconded the motion which carried unanimously. D. SITE PLANS NEW_SITE HLAI~ Project Name: Agent: Owner: Location: Description: Papa John's Interplan Practice, Ltd. Papa John's USA Northeast corner of NW 7th Court and Boynton Beach Boulevard Request for site plan approval ~o construct a 1,142 square foot take-out pizza store on .22 acres. This item was addressed earlier in the meeting. 23 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORI DA JULY 11, 1995 Project Name: Agent: Owner: Location: Descri pt[on: Clear Copy, Inc. George C. Davis Bob Feldman Southwest corner of Boynton Beach Boulevard and NW 7th Street Reel ~est for site plan approval to construct a 3,780 square i~oot, two-story building on a .225 acre parcel. Mr. Haag made the presentation and advised that this is a new site plan application. The surrounding land uses and zoning include Boynton Beach Boulevard and Wendy's restaurant zoned C-2 to the nortn~ NW 1st Avenue and single-family residences zoned R-1-A to the south: a medical office building zoned C-2 to the east: and ~W 7th Street and Gateway Center zoned C-2 to the west. The proposed use is a printing business and most of the business involves pickup and delivery. With regard to traffic, verification nas not yet been received from Palm Beach County, but staff does not anticipate any problems. If a problem does arise, the applicant is aware that he will be required to make improvements if the County indicates they are necessary. Insufficient drainage information was submitted to the Engineering Department to certify compliance with the City's drainage levels of service: however, they are recommending that this be postponed to time of permit review. There is a one-way ingress located on NW 1st Avenue, and a one- way egress onto NW 7th Street. Ti~e applicant has provided the required parking spaces (13) including one handicap space. The proposed landscaping is in compliance with the code and the development meets the requirements of the building and site regulations. Building height is 25'. The proposed co[or of the two-story stucco building will be light pink with white trim, doors and window sl~utters. The roof will be brick colored S-tile. The colors are generally compatible with the colors of the neighboring structures which are predominantly of a Spanish/Mediterranean sty e. However, the shade of pink selected for the stucco does not appear to compliment the brick colored roof tile: therefore, a more orange shade of pink is recommended. A free-standing sign is proposed between Boynton Beach Boulevard and the front of the building. The Planning and Zoning Department recommends approval of this site plan request subject to the permit plans for the project being amended to show compliance with staff comments and the City of Boynton Beach Code of Ordinances. Chairman Dub& inquired as to the location of the double dumpster. Mr. Haag responded that the Pub ic Works Department has allowed the recycling containers to be on wheels at some 24 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA jlULY 11, 1995 I~acilities. The applicant is proposing a garage door on the south side of the building. He may be able to work with Public Works to have the dumpster put inside, as long as they take it outside for servicing. Vice Chairman Golden q ~estioned whether or not there is an opportunity to work out the dumpster issue behind the loading zone~ The applicant knows there is a conflict and must work it out with Public Works. Vice Chairman Golden also questioned whether or not there is any concern that people will turn in the egress driveway. Mr. Haag stated that staff wanted the ingress driveway off NW 1st Avenue with the egress off NW 7th Street. The problem which surfaced at the TRC meeting was the real ization that people coming off Boynton Beach Boulevard trying to get into the project would cut across the traffic going northbound on NW 7th Street. Staff worked with the applicant and decided to move it to NW 1 st Avenue. The applicant will confirm that there is not a great deal of traffic associated with this use. George Davis, 1100 South Federal Highway, introduced Bob Feldman, owner of the project, of 211 South Federal Highway. N4r. Davis advised that this was not an easy site to work with due to the odd shape of the property, the setbacks and the parking requirements. A decision was made not to seek variances, but to work within the appropriate City requirements. The applicant feels he has conformed to those requirements and they are happy to have received a recommendation for approval from the Planning and Zoning Department. Chairman Dub~ questioned the recycling pickup. Mr. Fe[dman said he spoke with Mr. Eichorst who advised that trash would be picked up between 6:00 a.m. and 9:00 a.m. twice a week before the business opens. The containers anc~ paper goods will be kept inside the building. Mr. Feldman advised that he has received two citations because of dumping on the s~te since he purchased the property in November of 1994. He wants this property to work for him. b4otJ_o~ Mr. Rosenstock moved to approve the applicant's request. Mr. Wische seconded the motion. Mark Roberts, 650 W. Boynton Beach Boulevard, said he looked at the site and does not feel a truck can get to the dumpster un[ess it enters through the exit. This will be the only two- story building on Boynton Beach Boulevard. It is only 30' deep and it will be close to the street. The design is very bland and he feels there will be a drainage problem. This 4,000 square foot building is too large for the parcel. This building will not enhance the look along the Boulevard. He feels the building needs more planning. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11,1995 Gary Lehnertz used the overhead projector to display a plan he drew quickly while he listened to the presentation. His plan indicated the difficultv which will be experienced in accessing the site, Mr. Lehnertz claims ne has never seen dumping on the site. He feels the intersection is too constrained for this project. Although this project may fall within the traffic standards, it does not speak to the congestion it will create because of the design of the median. He urged the members to deny this request. Jose Aguila stated that he drives by this site everyday and has never seen trash on the site. In his opimon, the property owner messed up his own property and is now throwing this problem on the City. The architecture of the building is very blan(2 and not conducive to the arci~itecture being planned for this area. Traffic problems wi be worsened with the inclusion of this project. Mr. Aguila is also concerned about the two driveways at the intersections. He aoes not feels the distance rec~ uirements have been met. In addition, this project will cover up the nice design of the podiatrist's office. He urged the board to reconsider the motion and deny this project. Another resident of the area was concerned that drainage information was unavailable. She would appreciate more business activity in that area, and supports this application. Vice Chairman Golden agreea with Mr. Roberts' remarks about the turning radius. He feels the methods of ingress and egress are inappropriate and the [ocations of the dum ~ster and loading zone are a problem, This is a crammed site. He feels the applicant should attempt to work out a better design. In addition, Vice Chafrman Golden feels the shutters on the building seem inconsistent with the surrounding buildings. He is opposed to this request as presented. Mr. Rosenstock withdrew his motion and Mr. Wische withdrew his second. Mol~o~ Vice Chairman Golden moved to recommend denial of the site plan for Clear Copy submitted by George Davis to construct a 3,780 square foot, two-story building on a .225 acre parcel. Mr. Rosenstock seconded the motion. Mr. Burton realizes that this is a small, irregular shaped parcel which will be difficult to develop. He feels Mr. Feldman has done a good job of figunng out what can be done with it. This is a clean business and it wil not generate a great deal of traffic. Vice Chairman Golden feels there is good opportunity here, but thinks something else can be worked out. 26 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 Mr. Feldman reported that he could produce documented proof to the members that off-the- street traffic is not more than three to four a day. Ninety-nme percent of his business is pickup and delivery. Three trucks per week deliver paper and UPS delivers once a day. That is the total amount of traffic entering his business. It may generate slightly more than that, but it will not be much more. Mr. Feldman employs a gentleman who arrives for work at noon, loads the work and delivers it to clients. While he is out on the road. he picks up new work. Mr. Feld man stated that the upstairs of the building is office space for himself and his son and one dark room. The retail part of the business is 300 square feet. The remainder is a print shop. He offered to provide the documentation to prove his statements. Mr. Beasley understood that this business will not have the type of activity generated by a place such as Kinko's. After istening to Mr. Feldman, Vice Chairman Golden realizes that the use will not be as intense as ne expected, but he still expressed concern that something more intense might come in at some point in the future. Chairman Dub~ voiced his support for the project. The motion to deny failed 1-5. (Vice Chairman Golden voted in favor of denial.) Motion Mr. Beasley moved to approve Clear Copy's site plan as presented. Mr. Burton seconded the motion. Vice Chairman Golden advised that he is not opposec to the use. He feels it is appropriate, but he has some concerns about the parking lot design. Mr~ Wische said he changed his position because he believes what Mr. Feldman said about the amount of traffic that would be generated. The motion carried 5-1. (Vice Chairman Golden dissented.) E. OTHER MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11~ 1995 PARKING l.OT~/~d~dA L, ICE 1. Project: Agent: Owner: Location: Description: Taco Bell at the Shoppes of Woolbright PCD Eduardo L. Carcache CKE Group, Inc. Taco Bell Corpc ration Northeast corner of Woolbright Road and SW 8th Street Request for relief from Chapter 23 - Parking Lots, Article II, Section H.5.. Land Development Regulations, to reduce the distance between a street right-of-way line at a major driveway to a parking space/access aisle from the required 100 feet to 30 feet. This item was addressed earlier in the meeting. Project: Agent: Owner: Location: Descri pti on: Farm Stores A. M. Pascual EGN, inc. REWJB Investments, d/b/a Farm Stores Northwest corner of Boynton Beach Boulevard and N.W. 7th Court Request for relief from Chapter 23 - Parking Lots, Article il, Section H.3., Land Development Regulations to allow a driveway on Boynton Beach Boulevard to be located 53 feet, rather than the required 180 feet, from the intersection of N.W. 7th Court. and Request for relief from Chapter 23 - Parking Lots, Article II, Section 1.1, Land Development Regulations to allow the back-up distance of 19 feet, rather than the required 27 feet, for one-way, ninety degree (90°) parking. This item was withdrawn at the applicant's request. 28 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 8. COMMENTS BY MEMBERS: Chairman Dub~ reported that at the last City Commission meeting, the Commissioners rescinded their vote on the Knuth Road PCD project so that they can readdress the vote on the gas station. For the record, he would like the Planning & Development Board members' previous corn ments on this issue to be known by the City Commission. He stated that Mr. Winchester pays a total of $519 yearly in taxes because that property is zoned Agricultural. Mr. Winchester has done nothing to help this City and has not paid taxes within the City for that land to sit there. The City did him a favor once by approving a gas station. Ne let it sit there and expire~ and there is no reason to go back to anotl~er 18-month extension for a gas station where a gas station should not go. The land has a value of $3 million. Chairman Dub~ will speak against this when it comes up at the City Commission meeting. ~tr. Rosenstock offered his full support to the chairman. He further recommended that the prewous minutes which reflected the board's feelings on this project be included in the City Commission back-up material. Vice Chairman Golden agreed with the remarks. Chairman Dub~ reviewed the issue and explained that the owner of the property has requested an 18-month retroactive time extension, plus a future extension, to put a gas station on the corner parcel. No information was offered about the remainder of the property. The current code does not allow a gas station on that type of corner. When this issue came before the Planning & Development Board, the vote was 6-1 for denial. Following the City Commission meeting when the gas station was denied, the applicant spoke with the surrounding residents and requested that the Commission reconsider the issue. Mr. Wische advised that one of the Commissioners who opposed the issue made a statement that she would reconsider the issue if there was proof that the adjacent residents favor the gas station. This is the reason why it is being reconsidered. Ms. Heyden advised that when the rezoning was approved in 1990, Knuth Road was the responsibility of Tara Oaks. In 1992, a master plan modification was filed and split the responsibility between the two projects. This is where the problem lies. At this point, the first project in must build its portion of Knuth Road; however, the agreement approved with the master modification states that once the first link is built, the longest period of time which can lapse before the remainder of the road is built is four years. 29 MINUTES pLANNING & DI:VI:LOPMENT BOAED BOYNTON BE~CH, FLORIDA _IULY 11, 1995 Stonehaven residents are fearful they will get Knuth Road with no buffering because the buffering for that project is tied to the PCD. The Knuth Road PCD was tied up in all of the conditions required by Stonehaven which included buffering, walls and guard gates. Mr. Winchester agreed to all of those conditions. Mr. Wische explai ned that his understanding from the City Commission meeting was mat the sale of the gas station would provide the funds necessary for Mr. Winchester to build the road. Ms. Heyden advised that the road will be built regardless of whether or not they get the gas station, The problem is the timing. When the building of the road was split between the two pro;ects, the timing becomes the problem. In response to Mr. Wische's question regarding When Knuth Road will be built, Ms. Heyden said Mr. Winchester has a buyer on the line for Tara Oaks. TheY' will be submitting a master plan modification shortly. Tara Oaks will then have to construct their portion of Knuth Road. Once they do their section, there are four years to do the remaining section. Sffe pointed out that the developer of Tara Oaks has agreed to put in all of Knuth Road. Stonehaven is concerned that the road will be builtand they will not get their buffering because the buffering is tied to the construction of the Knuth Road PCD. Mr, Winchester does not have a buyer on the line for the Knuth Road PCD. He only has the gas station. Therefore, it can be a long time before the Knuth Road PCD gets built. 9. ADJOURNMENT: There being no further business to come before the board, the meeting properly adjourned at 10:50 p.m. · Prainito Recording Secretary (Five Tapes; 30