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Minutes 10-11-94MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 11, 1994, AT 7:00 P. M, PRESENT Gars Lehnertz, Chairman Stanley Dube, Vice Chairman Jim Golden Richard Gram Maurice Rosenstock Tom Walsh Bradley Weigle Pat Frazier, Alternate Dan ~inters, Alternate Tambri Heyden, Planning & Zoning Director Mike Haag, Zoning and Site Development Administrator James Cherof, City Attorney 1, PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:00 P. M. and the Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the Board members and the City Attorney. --~ 3, AGENDAAPROVAL Notion Vice Chairman Oube moved to accept the agenda as submitted. Mr. Walsh seconded the motion, which carried 7-0. 4, APPROVAL OF MINUTES - SEPTEMBER 13, 1994 Mr. Rosenstock had several additions and corrections to the September t3, I994 minutes, but did not want to take up the Board's time. He will review them with the Clerk tomorrow or the next day. He said they pertain to his comments, are minor, and there is no change in meaning whatsoever. I, response to Chairman Lehnertz, City Attorney Cherof advised that the Board can approve the minutes, subject to Mr. Rosenstock's comments. Motion Vice Chairman Dube moved to accept minutes as amended by Mr. Rosenstock. Mr. Golden seconded the motion, which carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS .... A, Report from Planning and Zoning Oepart~nent (1) Final disposition of last month's agenda items - I- HINUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Ms. Heyden advised the Board of the following decisions made by the City Commission: The Vlntngs at Boynton Beach - request for abandonment of a drainage easement - approved by the City Commission, subject to staff comments. However, they felt that since this had to come back before them for adoption of a resolution, a legal document ensuring that the facilities would be relocated prior to final resolution would not be necessary. Miami Subs Grill - request for conditional use approval to construct a drive through restaurant - approved by theCity Commission on September 20, t994, subject to all staff co~ments, including the closing of the driveway, a color chip being brought back to them, neon being all-owed only on the arch o~ the north and west elevations of the building, and relocating the dumpster. On October 3, I994, the City Commission allowed the building robe a lighter color than the shopping center and the driveway to be a one~way exit only. The Vtntng~ At Boyn~on Be~ch - request for site plan approval to construct a multi-family rental project - approved by the City Commisston, subject'to all Staff comments, w~th the exception of the comment from the Engineering Department regarding sidevr~lks being placed on both sides of the entrance road:and a portiqn of the loop road. They allowed only one sidewalk on One side of the e~rance road. Based on a misu~denst~nd~ng of the masten plan modification ~hat was approved in connecti:on ~ith thisproject, Ms. ~eydeD advis~hat she withdrew one of her commits regarding t~e ~hasi~g~iof the b~:ffer. The Planning and Development~o~rd's comments regarding the landscaping were attached to the approval. Boynton L,ake? PUD Plat 5, Best Hemes - time extension - approved by the City Comm~ssion,' subject to staff comments. B. Flltr~ of quarterly report for Site Plan Waivers and Minor Site Plan Modifications The members of the Board were provided with this report for their review. For the edification of the new Board members, Chairman Lehnertz explained that this report contains items that were approved by staff that do not need to come before this Board. OLD BUSINESS None. 7. NEW BUSINESS Public Hearing -2- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Abandonment Project Name: Agent: Owner: Location: Description: S. E. 2nd Street Dennis Vlassis City of Boynton Beach South of S. E. 12th Avenue, approximately 600 feet north of Woolbright Road Request to abandon 300 feet of S. E. 2nd Street, south of S. E. 12th Avenue Mr. Haag advised that this is an abandonment for S. E. 2nd Street, which is a City street. He used an overhead projector to point out its location. Gulfstream Lumber Company owns pieces of property around S. E. 2nd Street. They do not own the piece of property that fronts on S. E. 12th Avenue. The dedication of the street came about when this area was platted. It was formerly called Ronald Street. All the properties that abut S. E. 2nd Street, as well as Gulfstream Lumber Company, are in the C-3 zoning district. Since Gulfstream Lumber Combany owns all of the property that abuts it, the need of it being a street to accommodate frontage for property is not needed anymore. The Engineering Department sent out the request for the abandonment to all out- side utility companies {Florida Power and Light, Southern Bell, the gas company, and the cable company). The cable company does not have any objection to the abandonment. The City utility company requested t~at an easement be placed within this abandonment area. Staff has not yet received a response from the other outside utility companies. Stafflbelieves t~ey would not object to the abandonment. However, st~ff believes Southern Be]l., Fl~rid~ Power and Light, and the gas company wobld want an easement there because there are poles along the west side of the street. Staff recommends approval of the abandonment, subject to the utility easement by the City utility company, plus whatever requirements will be placed upon this abandonment by FloridaPower and Light, Southern Bell, and the gas company. The Planning and Zoning Department is concerned that if the street is abandoned, the property wilt become a vehicle use area. Therefore, perimeter landscaping is required. In addition, if this property is going to become part of the operation of the lumber company, it would have to go back through conditional use approval. Mr. Rosenstock had no objection to this request, as long as something is deline- ated i~ an agreement, in perpetuity, that at no time will this property be covered by anything. In addition, he wanted something in writing from Southern Bell, Florida Power and Light, and Flo-Gas, stating that they do not have anythiF~ in that area. Mr. Rosenstock was concerned about the City having access to this property at all times. City Attorney Cherof stated that it may be p~e~ture to approve this abandonment with these conditions not reduced to wKittngl and reviewed. He suggested the Board consider tabling this matter if t~eyag~ee to those conditions. -3- HINUTE~ - PLANNING AND DEVELOPHEHT BOARD NEETING BOYNTOH BEACH, FLOEIDA OCTOBER 11, 1994 Mr. Haag pointed out that the street cannot be abandoned until the City Commission signs a resolution. Chairman Lehnertz noticed from the backup material, that the applicant would like to gate this area in the future for security purposes. Mr. Rosenstock said it would have to be the type of gate that the City can get through. Mr. Haag stated that this would have to be reviewed by the City. From Chairman Lehnertz' understanding of the Planning and Zoning Department memo, nothing can be done with this area in terms of vehicle storage or lumber storage, etc., u~]ess the applicant returns to th~s Board and the City Commission to change the conditional use. Therefore, they cannot put anything there and they cannot use this aS an extension of their lumber yard. Mr. Haag confirmed this statement. Mr. Rosenstock said he has seen too many Codes change, too many things forgot- ten, and too much fall by the wayside without being checked upon. He said the City'wbuld not have toworry about a change in the future if it has a written agreement. Vice Chairman Dube stated that the water main serves no one but Gulfstream Lumber, Therefore, if the City does not have access to the valve to shut off the water main, only Gulfstream Lumber would suffer. Mr, Rosenstock pointed out that if the water main ruptures, it will hurt the City unless it is shut off. Dennis Vlassis, the Chief Operating Officer of Gulfstream Lumber Company, understands that Gulfstream Lumber Company has to allow easements and would have to apply for a permit to put a gate on the property. They are open-minded and are willing to do whatever the City requires. Mr. Rosenstock asked Mr. Vtassis if he would be amenable to the following con- ditions of approval: 1. That he will not build on the property in perpetuity; 2. That City vehicles have access at all times; and 3. That the City receives something in writing saying that Flo-Gas, Florida Power and Light, and Southern Bell do not need easements. Chairman Lehnertz added that if Florida Power and Light, Flo-Gas, or Southern Bell need easements along there, those easements would be approved. In response to Mr. Vlassis, City Attorney Cherof clarified that if he agrees to these additional conditions, in addition to recording the abandonment document, there would also be recorded some type of restrictive covenants on the property, contemporaneously. Mr. Rosenstock asked Mr. Vlassis if he has vehicles from the outside going through that area at the present time. Mr. Vlassis advised that it is only used by his staff for parking their vehicles. 4 NZNUTE$ - PLANNZNG AND DEVELOPNENT BOAR~ NEETZNG ]~OYNTON BEACH, FLORZDA OCTOBER 11, 1994 Mr. Rosenstock asked him if people trespass there. Mr. Vtassis answered affirm- atively. Mr. Rosenstock asked how he is going to handle that once he gets the property. Mr. Vlassis said he would like to ultimately gate it for security purposes. He is willing to abide by any guidelines the City requires. Mr. Rosenstock did not know how he could do this while still giving access to City vehicles. Notion Mr. Rosenstock moved to allow them to have this easement pending his recommen- dations. Mr. Vlassis confirmed for Mr. Weigle that he would ultimately like to fence the entire property off. Guard dogs are released on the entire property. Mr. Wedgle felt it would be very hard to maintain this type of security, which he felt Gulfstream Lumber needs, without fencing it all off. Mr. Vlassis said some of the security Gulfstream Lumber wants to maintain has nothing to do with outside people. It has to do with their employees. There are a number of employees that work in a very sensitive area and there are a number of ways to get in and out of the company, which is very hard for Gulfstream Lumber to moni- tor during working hours. Mr. Weigle pointed out that there are sewer mains and water supplies going back into the main shed, which is gated off, and there has not been a problem. Mr. Rosenstock stated that any facility, including private homes, all have cutoffs from the street. Mr. Weigle stated that if the meter is in back of the property, the cutoff is going to be back there, and access to the property may be needed. Chairman Lehnertz opened the Public Hearing. Jim Warnke, 617 Lakeside Harbor, stated that he is not opposed or in favor of this abandonment. He just wanted to point out that on September 17, 1985, the City Council denied a request for the expaqsion of Gulfstream Lumber due to opposition from the neighbOrs. He hoped that if the City does convey the street over, that it gets a fair and appraised price for it from the applicant. No one else wishing to speak on this matter, Chairman Lehnertz declared the public hearing closed. Mr. Rosenstock's motion died for lack of a second. Notion Mr. Golden moved to recommend to the City Commission to approve the request sub- mitred by Dennis Vlassis of Gulfstream Lumber for the abandonment of 3DO feet of S. E. 2nd Street, south of S. E. 12th Avenue, subject to staff comments. Vice Chairman Dube seconded the motion. -5- HINUTE$ - PLANNING ANO DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Mr. Rosenstock asked if the Board is going to forward this to the City Commission not knowing whether there are easements there are not, and whether the street is going to be closed off. Chairman Lehnertz pointed out that staff comments state tha~ any easements required will be put into place prior to the transfer ~f this property. Mr. Rosenstock asked what guaranties there are that Gulfstream Lumber will not put something on top of those easements. Ms. Heyden said that unless there is no stipulation, they could store material there. With regard to a fence or gate, she advised that Utilities will not sign off on a permit ~f they cannot obtain proper access. Mr. Golden asked if the zoning in this area permits storage. Ms. Heyden assumed that storage of materials is allowed in connecti;on with the existing use. Chairma~ Lehnertz stated that according to Mr. Haag's memo, "If the newly acquired property is to be used for an expansion of the lumber company business, donditiO~al use approval will be required." Mr. Rosenstock stated that storage is not the same as expansion. Chairman Lehnertz asked City Attorney Cherof if it would be considered an expan- sion of th~ bus~nes.s if Gulfstream Lurer used this abandoned property for storage of l~nib'er or wore trucks. City Attorney Cherof;answered affirmatively. In response to,Mr. Rosenstock, he said expansion means either intensification or actual phyiscal expansion:when considered in the contex~ of a conditional use. A roll call vote was potl~d by the Recording Secretary. The motion carried 6-1. Mr. Rosenstock cast the ~issenting vote. B, Subdivisions Master Plan Modification Project Name: Agent: Owner: Location: Description: Boynton Nurseries PUD Kilday and Associates Boynton Nurseries Lawrence Road and L.W.D.D. L-21 Canal; northwest corner Request for approval of an amended master plan showing a reduction in number of units from 400 to 374, change in type of units from 162 single-family units on 6,000 square foot lots and 238 multi-family units to 233 "Z" units on 4,000 square foot lots and 143 zero lot line units on 5,000 square foot lots, establishment of lot layout and setbacks, altered pod size and access points, change in buffer and road widths and their ownership, revised location and size of preserve and drainage areas and modified utilities and landscape plans Ms. Heyden stated that Kilday and Associates is requesting approval to modify the 1990 approved master plan for the Boynton Nurseries PUD. This PUD is to be -6- NINUTE$ - PLANNING AND DEVELOPPENT BOARD PEk'TING BOY,ITOH BEACH, FLORIDA OCTOBER 11, 1994 located on the west side of Lawrence Road at the northwest corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal. She reviewed these changes, which are listed in Planning and Zoning Department Memorandum No. 94-295 to the City Manager. One of the changes dealt with the reduction from 2.84 to 2.5 acres for a park. However, at the City Commission meeting, the applicant agreed to dedicate 2.84 acres to the City for a public park. on October 3, 1994, the City Commission voted 4-1 that the proposed changes are not substantial in nature, tn addition, theyrecommended aPProval of the staff comments listed in the September 29, 1994memorandum from Ms. Heyden to Mr. Haag, except for comments 2, 3, 1§, 16(a) and 17. Comment 14 (pedestrian signalization) was revised to require signalization only if warranted. This pedestrian signal was originally required. Since there is a school d~rectly across the street, staff felt this was necessary for safety reasons. In addition, it is Comprehensive P)an policy. Comment 2, which relates to traffic, ties into phasing. Staff is awaiting clarification from Palm Beach County on this issue. Comment 3 relates to the width of the buffer (five feet) proposed along the south property line, as compared to the width of the other perimeter buffers (twenty-five feet), all of which were originally'approved at twenty-five feet. If this Board determines that five feet is adequate along the south property line, staff recommends that the second sentence tn comment 2, which states, "Clarify the difference between the five foot setback and the ten foot setback shown on the plans", be retained as a condition of approval. Comment 15 relates to the buffer. Staff recommends the buffer be dedicated as a tract, rather than an easement encumbering the private tots. Comment 16(a) relates to increasing the size of the "Z" lots to 4,500 square feet, with a minimum fifty foot wide lot and ten foot building separation. This ties into comment 17. Staff recommends ~ limitation be placed on the number of two-story units that can be built in a row because from the street you see a five foot building separation, not a ten foot sebback. Ms. Heyden stated that the applicant mentioned at the City Commission meeting that they have some internal rules regardingmixing the units. However, she has not heard or seen anything regarding those rules and does not know what they are. If this com- ment, or some variation of this comment, is not ~pproved, then there is no guaranty to ensure that those rules will be enforced. Kieran Kilday represented GL Homes, the builder of this project. Mr. Kilday stated that this property was approved in 1989 and has been through three exten- sions. He explained the project in detail. He also explained the difference between the zero and the "Z" lots and stated that this allows you to get more architectural features in the buildings. The reason for having two-story and single-story units is to provide a break in the height of the buildings. The unit types have all been laid out so that there are individual breaks in the building facade. -7- H~HUTE$ - PLAHNING AND DEVELOPHENT BOARD 14EETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Regarding breaking up the unit types, Hr. Kilday advised that if there are repeating units, they are required to be different colors. In addition, no more than thr~e units of the same type are allowed in a row. Hr. Kilday advised that several issues were discussed at the City Commission meeting. One was the minimum lot size allowable. The City Commission allowed the "Z" lots, which are 4,000 Square feet. The overall lot coverage of the pro- posed project is no greater than what had beenapproved in 1989 and will not exceedthat amount. The accumulative square foo~ge will be indicated oneach application for building permit and quarterly summaries will be provided. A forty foot wide right-of-way is being proposed. Within that forty foot right- of-way is a twenty foot paved area and on each side there is a two foot concrete valley gutter which gives it a finished look. Then there is a six foot grass median, in addition to a four foot sidewalk on one side of the street. There- fore, even though the lot size is small, the distance b~tween the walks is ex- panded because of the larger, finished right-of-way between the units. Mr. Kilday stated that oftentimes, the ten foot sepa.rat~on only occurs in one small area between the units, tn most cases, in front of the property, between garages, the distance is much larger than %er feet. This gives variety in terms of the look of the overall units of the project. Mr. Kilday asked that the buffer area on the south line be reduced to five feet. The units have a ten foot setback. He pointed out the location of the Lake Worth Drainage canal. He is dedicating, as part of this approval, an additional thirty-five feet to the existing fifty feet. Therefore, there is a considerable green area distance between this project and the south canal. Mr. Golden asked what the objection was to dedicating the tract as opposed to the easement. Mr. Kilday stated that GL Homes has similar buffers in other projects and has found that having the property owner own the tract, even though it is an easement, works out be~ter in terms of bhe long term maintenance responsibilities of the project. In addition, the irrigation system of the buffer is tied into each l~t. This has not created any problems in other pro- jects and has worked out well. From his experience, Vice Chairman Dube advised that his homeowners' association has a buffe~ in the easement that belongs to the property owners. It abuts Lake Worth Drainage District property. Lake Worth Drainage District only cuts their grass twice a year. Therefore, the homeowners' association cuts their grass for them. The individual homeowners own the property beyond the Lake Worth Drainage District, and the homeowners' association has to fight, argue, lien, and go to court to get those hedges and trees trimmed and grass cut. Vice Chairman Dube felt it needs to be a tract and needs to be maintained by the homeowners' asso- ciation. Alan Fart, Vice President of GL Homes, stated that there is a large perimeter, and each homeowner likes to irrigate and take care of what is in his baCk yard. -8- NZNUTES - PLAIJIJII'IG AND DEVELOPHF. ttT BOARD I~EETING BOYItTO~I BEACH, FLORIDA OCTOBER 11, 1994 Even if it is not his back yard, he perceives it as his. Mr. Fant pointed out that if a homeowner does not irrigate or cut his grass, the homeowners' asso- ciation has the right to do it. Vice Chairman Dube wondered who was going to pay for that. In addition, he pointed, out that the property owner has the right to call the Police and have you removed from his property. Then the homeowners' association has to go through the Court to obtain the right to go on the homeowner's property to cut the grass. Vice Chairman Dube felt the homeowners' association should cut the Lake Worth Drainage District grass because if it is left up to the individual homeowners, some of them wilt cut it and some will not. Chairman Lehnertz asked if all of the buffer and landscaping is going to be irrigated with City water. Mr. Fant answered affirmatively. Mr. Kilday pointed out that the applicant has to put a buffer in to separate the project from Lake Worth Drainage District property. He said some property owners might want to seal themselves off with fences. Mr. Rosenstock asked Mr. Kilday if he is willing to address all staff comments, except the ones deleted by the City Commission, to staff's satisfaction. Mr. Kilday answered affirmatively. Ms, Hoyden stated that although the City Commission did not delete it, there was an objection to widening the driveways to eighteen feet. Mr. Kilday was under the impression that the City Commission approved the sixteen foot wide drive. He will clarify this with the City Commission and abide by their deci- sion. Ms. Neyden thinks the City Commission inadvertently left out the driveway issue in their motion. She felt the sixteen foot driveway is adequate for two cars. Chairman Lehnertz asked for clarification regarding the statement in Planning and Zoning Department Memorandum No. 94-295 which states, "phasing is necessary with this modification to avoid road improvements to the surrounding roadways." Ms. Hoyden stated that the difference between this proposal and the previous one is only six units. She believes the Palm Beach County Planning and Engineering Department will determine that phasing will not be necessary. Chairman Lehnertz thought it was against the Comprehensive Plan and City ordi- nances to irrigate common and buffer areas with City water. Ms. Heyden advised that the City does not allow that. She explained that when the applicant goes to pull a permit, a comment will be made that he has to pull it from a well or lake. Chairman Lehnertz asked if the applicant is going to have to put in a common irrigation system. Ms. Hoyden said if it were on a dedicated tract, they would have to. If it is on an easement, then most logically it would be irri- gated from each individual lot. However, that sets you up for the buffer being constructed on a lot by lot basis. Ms. Hoyden stated that the purpose of the buffer is to protect the adjacent property owners, not so much the people that are going to live in the proposed project. -9- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Mr. Rosenstock asked how the applicant intends to irrigate the property where the homes are located. Hr. Fart said he was not aware of the 8oynton Beach Code. However, he will abide by the Code and everything would have to be off of a well or come from the lake. Im response to Mr. Rosenstock, Mr. Fant stated that one of the reasons he chose not to have an eighteen foot driveway was based on aesthetics. GL Nomes believes the driveway should match the garage door. He said a typical garage door is sixteen feet wide and easily accommodates two cars. In response to Chairman Lehnertz, Ms. Heyden said the City Commission had no problemwith it being treated as an easement rather than a dedication, and they deleted comment 15. Chairman Lehnertz objected to deleting comment 15. He did not feel that anything this size should be irrigated with City water. Mr. Golden agreed with his fellow Board members about the landscape issue and a dedication of a tract for the landscaping~ Chairman Lehnertz expressed concern about aesthetics and growth. He referred to page 6 of Planning and Zoning Departmeat Memorandum No. 94-295, which talks about this area b6ing one of the last areas in the City that could be developed with larger lots and larger homes. He felt these houses are being shoved together as close as possible. He sai~[ the Planning and Zoning Department feels this situation is not aesthetically pl the people living there. Chai:rman Lei stamp size lawns, which accounts fo~ ti the ~andscape buffer should be dedicat~ not sure why the City Commissi~on voted have a way to enforce the'developer no: row. He reit the landscape pllan is im trees and 5'0 percen~ native shrabs. H trees and ~hat kind of mixtures. It d( native. ~asing and affects the quality of life of )ertz stated that these lots have postage ~elp~roblems with the driveways. He felt ~d t~ the homeowners' association. He was to delete that. He felt the City should . toJ have too many two-story homes in a deq~ate. It indicates 50 percent native Wev~r, it does no~t indicate what kind of es not indicate what is going to be non- Mr. Walsh echoed Chairman Lehnertz' feelings and the Plan~ing and Zoning DePartment's comments. He Wonderedwhen we are going to Stop building houses on tOP of each other. Aesthetics were important to him. Mr. Rosenstock felt the City is becoming a ghetto and that the developers are only interested in making money. In response to Mr. Rosenstock regarding the landscaping, Mr. Kilday stated that he is before thisBoard for a master plan approval. A conceptual landscape plan was submitted per the Code, At the permit level a detailed plan will be sub- mitted. ' Motion Mr. Rosenstock moved that this Board defer 7.B.1., Boynton Nurseries PUD, back to the City CommisSion and recommend the reinsertion of paragraphs 15 and 16 - 10 - MINUTES - PLANNZNG AND DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 that they have deleted, and further ask for full compliance as our memorandum states. Vice Chairman Dube asked Mr. Rosenstock to amend his motion to reinsert com- ments 15, 15(a) and 17. Mr, Rosenstock agreed. Vice Chairman Dube seconded the motion. Mr. Golden recommended that approval also be subject to compliance with any recommendations from the Palm Beach County Traffic Engineering Department con- cerning the phasing requirements. Mr. Rosenstock and Vice Chairman Dube agreed to include this in the motion, The motion carried 7-0. C. C~n'muntty Design Plan Appeal Project Name: Agent: Owner: Location: Description: Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road Request for an appeal to the "Modern" design district architectural features and/or treatment requirement for wall accessory and window type in connection with a proposed leased restaurant outparcel building for Longhorn Steaks Mr. Haag advised that Douglas McMillen of McMillen Development, Inc., the agent for Great Western Bank properties, is requesting relief from the Community Design Plan, specificially the wall accessory and window t~pe. Using an overhead projector, he pointed out the location of the project. This Board and the City Commission previously approved a site plan for this location. The applicant is requesting that a new restaurant building be located on this site. Colored elevations were displayed and a color board of the material which is going to be used was circulated. The Code requires two types of wall accessories and two types of windows. The applicant has only provided one window type {fixed glass) and one wall accessory {brick}. Brick is not one of the materials accepted in the modern design dis- trict, but staff found it acceptable. However, staff objects to the fixed glass window type. In order to make this building a little more harmonious with the basic design of the main building and the restaurant building to the north, staff recommends that all of the wood trim be removed from the north elevation of the building and replaced with brick to come up to each side of the window. Staff also recommends removing the window which has a residential appearance and replacing it with a basic commercial storefront so it would fall in line with the windows in the storefront of the main building and the restaurant building to the north. Staff further recommends that the exposed gables be removed or covered with another material. -11- H]'NUTES - PLAI~ZNG Alfl) DEVELOPHEI'iT BOARD HEET~NG BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Jill Jarkesy, the attorney for McMillen Development, Inc,, stated that normally the Longhorn Steaks building is wooden. The applicant compromised and used the brick in order to fit into the Modern design district. She stated that the other items recommended by staff would leave this building rectangular and without any architectural design whatsoever. She introduced Robert McKerrow, the architect.who designed this building and has done many of these restaurants around the country. Mr. McKerrow advised that his firm is the corporate architects for Longhorn Steaks and has worked very hard to establish a corporate identity for Longhorn Steaks. He stated that h~ is asking for similar design features exhibited by T.G.I. Fridays and Chili's in this community. Mr. McKerrow stated that there is fixed glass and operable type windows. He said a restaurant should have a warm, inviting, residential character as opposed to the commercial character of the Sports Authority. Mr. McKerrow advised that the open truss work and the gable features are a nationwide trademark design %eature of Longhorn Steaks. In reviewing the modern building architectural requirements, he felt the open truss work, the use of awnings, and the metal decorative light fixtures are similar in character and would echo the feelings you would get in a modern design building from the alu- minum or steel wall grills that are required by the Code. Mr. McKerrow stated that the windows are open glass panes, with just two panes. There are two different variations to compt~ with the COde. He felt a white aluminum storefront window would be very cold amd inhuman and would look like a shopping center instead of a restaurant. Mr. Golden was opposed to this request. He said there is a reason the City adopted design district standards. He stated this is a prominent building in that district and he did not see any unique circumstances or special situatiors that single this structure out. Mr. Walsh stated that all national chains want to maintain their corporate image ano identity. He felt staff has given consideration to the national chain image that the applicant wants to p~oject. However, maintaining the community's iden- tity is important to Mr. Watsh. He felt Congress Avenue is a mishmash of restaurants. Ms. Jarkesy pointed out that there are six glass windows that are different in nature from the other windows. She felt this meets the criteria of having two types of windows. In response to Mr. Hang, Mr. McKerrow said the glass type is clear glass in dif- ferent frame types. He felt restaurants should be inviting, an open place for people to gather, meet and eat. He felt reflective glass creates a cold and inhuman appearance. However, he will consider using glass block or frosted glass. - 12 - N[NUTE$ -PLANN[HO ANO DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Chairman Lehnertz did not feel open gables belong in this area. He agreed with Mr. Walsh that the City needs to have some aesthetics and continuity. He sup- ported staff's recommendations. Mr. Rosenstock felt staff's recommendations were reasonable. He did not want to see a mishmash of architecture, colors and design. Mr. McKerrow stated that there is currently no shopping center exit on the prop- erty. Therefore, this kind of takes the lead as fa:~ as design goes. He stated that he read the design code carefully in trying to adapt and is asking for just a few items to keep in character with the spirit Of what is requires specifi- cal)y in the Code. The awnings are framed with open metal grill work. The trusses and meta) light fixtures provide a character of open laziness. He felt this project is harmonious with ,the environment, Mr. Weigle felt the applicant has tried to comply. He was in favor of this project and suggested the applicant work further with staffon outstanding issues. Chairman Lehnertz felt everybody is close to getting what they need and suggested that Mr. McKerrow and staff work out the details before the City Commission meeting. Notion Vice Chairman Dube moved to approve the community design appeal of the Boynton Festive Center, located on the northwest corner of Congress Avenue and Old Boynton Road, to the Modern design district architectural features and/or treat- merit requirement for all accessory and window type in connection with a proposed leased restaurant outparcel building for Longhorn Steaks, subject to all staff comments. Mr. Golden seconded the motion. The motion carried 7-0. CHAIRMAN LEHNERTZ DECLARED A RECESS AT 9:10 P. M. THE MEETING RESUMED AT 9:20 P.M. D, Site Plans NoJor Site Plan Nodlftcatton Project Name: Agent: Owner: Location: Description: Boynton Festive Center Douglas McMillen Great Western Bank Northwest corner of Congress Avenue and O)d Boynton Road Request for approval of an amended site plan to add an additional 7,600 square foot leased outbuilding for a restaurant, including surrounding parking lot design changes - 13 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Mr. Haag advised that this is a submittal by Mr. McMillen to modify the origi- nally approved site plan located at the northwest corner of Congress Avenue and Old Boynton Road. Using the overhead projector, he displayed the proposed site plan and the site plans approved in the past to show th6 differences in layout. The site plan approved on May 17, 1994 depicted two restaurants. The site plan approved on July 19, 1994 depicted one restaurant. The proposed site plan depicts two restaurants. Mr. Haag advised that the driveways are staying the same as ~riginally approved. The to~al parking space count is still acceptable. The total parking provided is 575;the total parking required is 521. A landscape appeal was approved in July. It pertained to the landscaping along Congress Avehue, The applicant is still going to comply with the requirements of that approval. The building meets the C~3 site regulations for setback. The applicant is appealing the requirements for the walt accessoryand window type. The color of theproposed building is not exactly the same co:lor as the back buildings. Some awningsw$11 be on the building. Mr. Haag pointed out a discrepancy between the signage shown on the elevations and the signage shown on the plans. However, during the July approval, the applicant agreed to come back before the Planning and Zoning Board and the City Commission with a full sign package for the entire shopping center. At that time, the signage can be addressed. The applicant would have to comply with the size and location requirements identified in the sign Code. Staff believes all the Technical Review Committee comments can be rectified at the permitting process. All departments recommend approval of this major site plan modification to add this restaurant site. However, there is a concern about expansion. Staff wants to evaluate any expansion and determine if it can be handled administratively. In response to Mr. Rosenstock, Mr. Haag advised that the square footage could be expanded to use up the fifty-four excess parking spaces. However, these fifty- four spaces include the expansion they are showing on the plan for this restaurant. Every 200 square foot of building area would accommodate one parking space. The applicant understood this. Vice Chairman Dube stated that in July, the Board concurred with Mr. Golden that more landscaping and more islands were needed. In addition, as a condition of approval, additional landscaping was added so that the dumpster on the south side was not visible from Boynton Beach Boulevard. Vice Chairman Dube did not see any additional landscaping on the plan. Mr. Haag advised that the applicant has not submitted corrected plans. Staff is aware of this and will make sure corrected plans are submitted when the applicant comes in for permits. Ms. Jarkesy said larger landscape areas ha've been provided on the plan. Everything agreed to regarding landscaping should be as previously approved in July. - 14 - MINUTES - PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH, FLORIDA OCTOBER 11, 1994 Chairman Lehnertz asked the applicant to use Melaleuca mulch instead of Cypress mulch. Mr. McKerrow and Ms. Jarkesy agreed to that condition. Mr. Golden stated that the main center has been approved and felt it would be unfair to try to get the applicant to do the landscaping again. He noticed that one of staff's comments was to provide a landscape islan~ every ten spaces, which is the minimum, acceptable level. He asked what the City Commission's comments on the landscaping were. Mr. Haag recalled that the City Commission did not want the applicant to have to reduce the n~mber of parking spaces. Ms; Jarkesy advised that she.needed assurance that no parking~spaces would be lost in front of the main building, She advised that several parking spaces were lost around the restaurant outparcels, and she agreed to increase the landscaping around those outparcels. Mr. Golden moved to approve the request for Boynton Festive Center, as submitted by Douglas McMillen, for an amended site plan to add an additional 7,600 square foot leased outbuilding for a restaurant, including surrounding parking lot design changes, subject to all staff comments, and subject to non-Cypress mulch being used. Mr. Weigle seconded the motion, which carried 7-0. Mr. Haag referred to a comment made by the~ Engineering Department to provide a landscape break {island) every ten parking,, spaces. Mr. Haag pointed out that this would eliminate parking spaces. Mr. Haag stated that the landscape code ha~s specific requirements for interior )k' landscaping, which is based on interior pa~' lng spaces. You would have to multiply the number of interior parking spaces by twenty to come up with the area interior landscaping required inside ~he parking lot. As indicated on the plan, the applicant has met that requirement. Mr. Golden asked if the applicant has a prpbtem, with the recommendations of the Board and City Commission. It was Ms. Jarkesy s understanding that the appli- cant would not lose any parking spaces in front of the main buildings. This issue will be brought to the attentio~ of the City Commission. B. COMMENTS BY MEMBERS Mr. Walsh felt Mr. Haag and Ms. Hoyden do an excellent job preparing the docu- mentation for these meetings. He felt the Board wastes a lot of time rehashing material which the members are supposed to read prior to the meeting. Chairman Lehnertz believed staff reviews the docume@tation for the record. City Attorney Cherof added that staff makes a presentation also so that the public has the opportunity to hear what the Board has had the opportunity to see. - 15 - MINUTES - PLA~ING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIOA OCTOBER 11, 1994 9. AD~OURNHENT There being no further business to come before the Board, the meeting properly adjourned at 9:44 P. M, Eve Eubanks Recording Secretary (Three Tapes) - 16 -